Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet - 11/25/2014
: - • City of Tigard Tigard Business Meeting—Agenda TIGARD • , TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: November 25,2014 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall - 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting.Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (1'DD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. _; % • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: November 25,2014- 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall - 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION A. DISCUSSION ON CITY MANAGER REVIEW FORMAT 6:35 p.m. estimated time B. SUMMARY OF OCTOBER COUNCIL TOWN HALL MEETINGS 7:05 p.m. estimated time •EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications &Liaison Reports E. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council&Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. RECEIVE AND FILE •Official November 4,2014,Election Results for the City of Tigard Mayor and two Councilor positions. •Council Calendar •Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: •September 23,2014 C. AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT REGARDING THE MAINTENANCE OF WATER QUALITY SWALES ON PACIFIC HIGHWAY D. CONSIDERATION OF WAIVING SIGN PERMIT FEES FOR TIGARD LITTLE LEAGUE E. LOCAL CONTRACT REVIEW BOARD: AUTHORIZE A CONTRACT AMENDMENT FOR RIVER TERRACE STORMWATER MASTER PLAN IMPLEMENTATION •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. UPDATE ON THE STATUS OF AN AGREEMENT REGARDING COOK PARK FACILITY USE WITH TWO SPORTS LEAGUES 7:40 p.m. estimated time 5. BRIEFING ON AN INTERGOVERNMENTAL AGREEMENT WITH KING CITY REGARDING WATER SYSTEM OWNERSHIP AND WATER SERVICE 7:50 p.m. estimated time 6. CONSIDER ADOPTION OF STRATEGIC PLAN VISION 8:05 p.m. estimated time 7. ADOPT 2015 STATE AND FEDERAL LEGISLATIVE AGENDAS 8:20 p.m. estimated time 8. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE TO AMEND THE TIGARD MUNICIPAL CODE (TMC) 3.44 SALE OF SURPLUS PROPERTY 8:35 p.m. estimated time 9. UPDATE ON MEDICAL MARIJUANA 8:50 p.m. estimated time 10. LOCAL CONTRACT REVIEW BOARD: DISCUSSION OF UPCOMING PMP OVERLAY ENGINEERING DESIGN SERVICES CONTRACT 9:05 p.m. estimated time 11. COUNCIL LIAISON REPORTS 9:10 p.m. estimated time 12. NON AGENDA I'1"EMS 9:20 p.m. estimated time 13. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 14. ADJOURNMENT 9:25 p.m. estimated time II a City of Tigard ■ Tigard City Council Meeting Agenda .l.t ( ;AItI) November 25, 2014 6:30 PM STUDY SESSION • 1. Discussion on City Manager Review Format—HR Director Bennett 6:30 p.m. estimated time • 2. Summary of October Council Town Hall Meetings 7:05 p.m. estimated time • The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. None scheduled. • ADMINISTRATIVE ITEMS: 7:20 p.m. estimated time o Abstract of Votes for City of Tigard received from Washington County o Council Calendar December 2 CCDA —6:30 p.m.,Town Hall 9 Council Business Meeting—6:30 p.m.,Town Hall 16 Council Business Meeting—6:30 p.m.,Town Hall Councilor Buehner's Reception at 5-6 in Town Hall 23 Council Business Meeting (If necessary for River Terrace) —6:30 p.m.,Town Hall January 6 Inaugural Reception&Mayor's State of the City Address–6:30 p.m.,Town Hall 13 Council Business Meeting—6:30 p.m.,Town Hall 16 Council Workshop Meeting—6:30 p.m.,Town Hall 19 Martin Luther King Holiday–City Offices Closed 23 Council Business Meeting-6:30 p.m.,Town Hall AGENDA ITEM NO. 2-D - CITIZEN COMMUNICATION DATE: November 25, 201 --)j (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED I Name: �i�l U /T V ll l� ✓� f coo It uk y.t,-r Also,please spell your name as it sounds,if it will \ help the presiding officer pronounce: t Address w City -1 l i_obr State o +Z Zip CO ) `'1 Phone No. S Q-)r— 6 o-- (( 4 S q L ( 7 Name: - - � _ 2►✓ Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address ' D di" ' L -� City ..41,..14.1_ State Zip 9'7z T Phone No. M6 3 -6 q 3 y 3 Name: 1-...A Also,please spell your name as it sounds,if it will r�f help the presiding officer pronounce: V — Address ��(r��; Ste; �f i P,� ��' City ter--r`` `' ' , d - '1 State () Zip 17221 Phone No. ..c03 CITIZEN COMMUNICATION I:\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication.doc AGENDA ITEM NO. 2-D - CITIZEN COMMUNICATION DATE: November 25, 20 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: � -\-P.� 'l( _ pc-./ � '� T� Also,please spell your name as it sounds,if it will 9 P , , V1AA;‘s help the presiding officer pronounce: a /V Address C4i L S `�I,) v . 1, „ Mere-1.'1'411- City J 1,i' c,.‘"(--)\ ) 0 R State C)�_ Zip q'7D_2L1 Phone No. SO -.)i Lj9<S"`7 (070 Name: .0 12 c--1-- \...Y. Dom.m. `5 Tm p' ` Also,please spell your name as it sounds,if it will n r f� �P P Y help the presiding officer pronounce: 1 ! ( KA-5 V1A4;'\-i Address Ta IV ) Vie � feil City dcLh d State v Ft Zip q 3�3 Phone No. 5n. -- ,'j_1 7 38 el Name- ts r �,��b Also,please se(Y1.-- eel your nam `it sadt�d�s�fii it will , ' elLii , help the presiding officer pronounce: ` I j� �35 S \3 V leo C-T -.�I c� Address � �'�-� r. ; y+ Y)'i o+--- City ---1 Gtd4_. State Y Zip4(7a a, Phone No. -- ' ' ( I D'' CITIZEN COMMUNICATION I:\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication.doc AGENDA ITEM NO. 2-D - CITIZEN COMMUNICATION DATE: November 25, 201 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS& PHONE TOPIC STAFF Please Print f CONTACTED Name: 1) ryl a IA (IQ_ F ci Also, please spell your name as it sounds,if it will ri r help the presiding officer pronounce: 14-e. h}?.1191 'fc) --1 , Address I O In City 5 •-Yl State ► t..I .:,•, Q3 0 Phone No. 3 3— 'A I &1) 5 9 Name: -4 ?1 ex C= '� --� Also,please spell urn 'Y �19 p s p y name as it sounds,if it will help the presiding officer pronounce: ` UIq 11,) V►P.,w 70vv -(i 114-3 , Address Ci j 1 �Tl ' ' I0n State Zip Gl-.17i7,4 Phone No. So - stet- 33 Name: 'DO Y1 ' - I J r . Also,please spell your name as it sounds,if it will e 9 ro-nA. 0j,1 . help the presiding officer pronounce: ?4 t -1--s . rp,m____ Address '-75 .S L-0 1 elk) C-4-- yeA14----c-(7Y\ i la City -riciltiN A State n1- Zip `j-] ,a L Phone No. : 0-3-- 6j3' --1 I,b CITIZEN COMMUNICATION I:\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication.doc AGENDA ITEM NO. 2-D - CITIZEN COMMUNICATION DATE: November 25, 201 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print II CONTACTED Name: �l►� �1 r C� n �] Also,please spell your name as it sounds,if it will thi-.9 �� /`t help the presiding officer pronounce: ��� ‘),.. 1A-co-i -Th qv, }) 7! Address _331 q 61-J ` i- i.,ThIrri St .---4-f1.1\, 1-Ng City c-1-1 -_A , dg State U R Zip Co a.Q 5 Phone No. _1, '-i/ to -.2- ---7 9 /p I Name: May- ‘ l eV Also,please spell name as it sounds,if it will 1.�Geb f P P Aar l 1^ help the presiding officer pronounce: )4, k 1 r l C---1 1-)Nn......,Address -1 r s-i-3 v ; a . Y ' r- /„ ,, .-I-VVA I City � � 1�� .�- ( � State Zip 9-1 2:2-14 Phone No. b '- h - ) ) b Name: ”\ Del r✓\,Cie Also,please spell your name as it sounds,if it will help the presiding officer pronounce: \,1 (C1 1 Address `1 2--e) _ (a GA-1ev6 �. �/ City 1...a`za 6,- P . State -9-- Zip G1.1`cs Phone No. 6h3 94_0G /c3c5 CITIZEN COMMUNICATION I:\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSiguup\citizen commuoiation.doc AGENDA ITEM NO. 2-D - CITIZEN COMMUNICATION DATE: November 25, 2 t (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: /Pf (77 T7QVd # 6 Also,please spell your name as it sounds,if it will help the presiding officer pronounce: ("0 Address 9 4-77 - �.,• City / ,' G '/ State (9 Zip 7,2 2 3 / r Phone No. <j~O 3 , — sv Name: Also, please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION L•\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication.doc City Council Update November 2014 SUPPLEMENTAL PACKET Chamber Events FOR :1 I - a s Q 61V (DATE OF MEETING) Good Morning Tigard (GMT), Thursday A.M. Networking 7:30 a.m.—Weekly • 12/4/14— Hosted by Cascade Residential Mortgage at the Tigard Chamber • 12/11/14— Hosted by the Foundation for Tigard Tualatin Schools @ the Tigard Chamber • 12/18/14- Hosted by HomeStreet Bank at their location in King City • 12/25/14—Merry Christmas, no GMT Other • 12/2/14-Tigard Chamber Holiday Happy Hour at Broadway Rose 6-8 p.m. Join us with a donation to OFB or Toys for Tots as admission. • 12/8/14— New Member After Hours @ Club Sport at 5:30—7 p.m. Joined the chamber in 2014? Then this event is for you! FREE • On 10/15/14—7-8:30 p.m.Tigard City Council Candidates Forum was held. Thank you to the candidates and congratulations to Councilor Woodward and Councilor Elect John Goodhouse • 12/9/14—3:30—4:30 p.m.—Tigard Chamber Gov't Affairs Committee meeting @ the Tigard Chamber Check our event calendar at http://business.tigardchamber.org/events/calendar/for locations and hosting companies Tigard Farmers Market Update • Big Thank You to the City of Tigard for all your support of our 215t season in the Public Works parking lot and thank you to Steve Richmond with Tigard Tire & Auto for housing our trailer off season. • Big thank you to Tigard Tualatin School District and Tigard High for use of their facility for our 2"d Annual Harvest Market& Bazaar, that was Saturday 11/15/14 from 9 a.m. —2 p.m.—Went very well, 60 vendors. Big thank you to all who participated. Downtown Updates • Main Street Construction is in the rear view mirror. The Tigard Downtown Alliance and Downtown businesses encourage the community to come down and see what's changed and get your holiday shopping on • 12/5/14 -Downtown Tigard Holiday Tree Lighting Friday December 5th at 7. p.m. Help Santa light the tree, hear music and then Stroll to CrossFlT PAW for photo's with Santa, cookies, cocoa and the Sugar Plum Elves! • 12/19/14— Explore Downtown Tigard 3`d Friday. Get in on that last minute Christmas shopping with specials that night at participating merchants. Learn what there is to do in Downtown Tigard on Facebook at www.facebook.com/exploredowntowntigard and at www.exploredowntowntigard.com TIGARD AREA V":7-7 IP' A;. rAailit Explore r DOWNTO ET Ti:aid VAl__ C__,� tigardyoungprofessionals .R.CIt'E. t?us+►ess dam)! connect collect coll.bo..N climb. Robert A.Van Vlack SUPPLEMENTAL PACKET 15585 SW 109th Ave. FOR —1-L---61§- 1-4a4 Tigard, OR 97224 (DATE OF MEETING) November 23,2014 C t-t zee y CC rvi ni Tigard City Council 13125 SW Hall Blvd Tigard, OR 97223 Dear Council Members, My name is Robert Van Vlack and I am the liaison for the Summerfield Civic Association Board of Directors. With me is Sandy Clark who lives at 15930 SW Oak Meadow Ln, in the Summerfield community. Sandy received a letter from Albert Shields,the Code Compliance representative for the City. The letter dated October 22, 2014 was in reference to a broken sidewalk abutting her property. It was reported to the City and verified with a site visit that"a panel in the sidewalk along Durham Rd. and adjacent to her property has lifted and is creating a serious trip hazard,thereby obstructing use of the sidewalk by pedestrians". She was given 20 days to respond to the complaint or face a fine of$250 per day. She did respond in a timely manner and the case was turned over to Brian Rager. Mr. Rager has responded back to her and sent an email on November 14,reassuring her that the City is willing to work with her and will place a barricade and cone at the site until she can have the sidewalk repaired. Since then the barricade and cones have disappeared. Sandy,along with a few of her neighbors,attended the November 9th SCA Board meeting to get some clarification on her situation. As the Liaison for the board, I was asked to check into this matter and report back to her. I have talked to Mr. Shields and Mr. Rager and reported back to Sandy that according to City codes she is responsible for the repair of the sidewalk. After taking a closer look at the sidewalk in question it appears to me that the sidewalk was not damaged by tree roots but may have been damaged by a backhoe stabilizer pad some years ago during a construction project. Not only is there a brake in the concrete in the shape of a stabilizer pad but the curb is also broken. The area around this part of the sidewalk has deteriorated over many years and does not appear to have been caused by the upheaval from tree roots. If in fact this is the case,then I don't see how the City can hold the property owner abutting the sidewalk responsible for the repairs. I spent 36 years working for Northwest Natural Gas,both in construction and customer service and am aware of the damage that a backhoe stabilizer can do to sidewalks and streets. For your information I have included a photo of the damaged sidewalk and some examples of the type of stabilizers that are used on backhoes. ( 111006. . •ice We are aware that the City has allocated some of the Street Maintenance Funds to include landscape maintenance in the right-of-way along Durham Rd. We as a civic minded community would like to see the City Council consider including maintenance of the sidewalk that borders the Summerfield community along Durham Rd in those funds. I have no problem understanding our responsibility for maintaining the sidewalks in front of our property, but the sidewalk along Durham Rd. is in an area that is not easily or safely assessable by our elderly residents. Maybe sometime in the future you will consider a fee,somewhat like the one the City of Sherwood has implemented,that would raise funds to repair or assist in the repair of sidewalks that are damaged by street trees. Some cities have even required sellers to repair damaged sidewalks before they can sell property. They even have a city sidewalk inspector that checks them out when a house is listed. I do appreciate your time and I know that Sandy Clark would like to see this issue resolved in a timely manner. Sincerely, Robert A. Van Vlack ---.-pcf.,:v,v ---.- :,A,:ih.:,.-.7.• .7z-Ns• .. 4e,,,141 ir.,, -.. -• --. ,-. . • ,.•..,-•.• , -• I - - -Ti.,-..-„,-,T-0. -fkitsi'-----',:,-.„."'rsc..i'licA4. ' in,li 4 .,,:4v,.‘,..7.1m::,‘-'4.!.', i:-.,..-r- ...-.. ----,--....e.r..1,. .e,4„ ...„8„.... :;t.,/ it. ..(4*. • ...,„.". .-....„_,,,,,,,..,,:-...::::„..:•• .,:.,,,....-.., :.•,L. ..‘ • , '......k, ii--1 ,, ,ZI,,.4.. . .,,-*A.4411.-;;;Avi:;•,.„ ,• lsr.,•,k), , ,,,t,',0c.t I; ..;;„,'A.,.; ,41),.,1,,'.. , 7."`...• . -_,,a,-- Atst, ,. -.?;;•;/,#"-,.. -It.- " IF...:.-:-i_...Ai,"47.4- , t. , f 7 x.." ,-:":''1,' ;': tt''''....-1.ir•'''.-'-':1''''':::.'.•*, - -.4.-'-\- U '. : ,'":'''- -,&•_, '..-• ':i 1-,■r•t.,.-719),,' i\1!',„,.•:..i.-.;„,t,',.'•''' t.-L•‘. X41,t'OC';q(..,2)•'..);':, , -'1*'--,-4t-. -'• •:::"W•.,„Wit'-'-'•'• ti,,,,A".-7••Aoi: *; •ii.:::-1'.--5-r:.:: - . --....,... ..•'''..; .1,.• •.,- !....-, : “• •.16.„..„-".` - .\- ;:r8,\•,,k. ..-. ".,,I,T.k'Oki.,',„ 't•ri :' ,!il.t,Thir.lt J\'''*;, ,').• t )','.,ft.e.ar 's 'UV,'• '.,,,_..ti,..$J i t.,' IP 0' !'''.,... .,;;.:(stVi;'•;,'W-'::S'''.1- feirj ' ''- '.. '',I.' fr.; , .:if----, - . - ":- Nrikl • • ,,,...;-.......„4 -.. , L ,L., .•:.•,,, ,mai,,- .. .•:. .\•,,,,i'L .,;•rt-e-i•,.1-„, -::•••. :-.. •-tx-,-.Z,'"-ty.i.si,..)4. 1.4'i .. k,•ii'•-,'t• ,x.' * 741 76(--'47 0 .1'0' 9-■,::',":' tk ii1,--,.-i-sy- Lei,,•6,-, ,•,..:,_,----._- -: c...it. . . .„, .,-.,...,. . %.„.., \•....i.,,.. ., \ ,,....0.)•:. -. -.,• _.,:,-..,--,,,,,--A,:_ ,e,-1.,,• • iv.- . ,R,/. .4. 1.tC.'■" .' ..' L ,117 Sit.107•Wl.a.;tr e..4, • ''',' ',c,:i 'i,:l..- ''.":7'41''''''•il -'4...-7-''*:-• ."''''•::': "..-"'s...1,1/4.; .1.:..--.1**-'7. \'',.."=". 'i;fr' .:,. • :; ',.,' ■?-'4‘4.--. ',,,.- : : -et,...'1,' • t.„r14,,, ., , ". „ ..--,,..„1' . ,::c.A.'inFkl,,!.-4,-.., ),.,..i.,,, 4.-',•,":-/.,y's;. ' ty,-,1,., ,N'..:-.`, ir...'--r••=4,' i : - - ,,-..,*!:-,..0.,..„,,.;.-•,,.... i;4".'', .,,vl.;,i'.'•',.. '^- ,:kl.N- ' : .44,t',.,•i*** i' ' ,i... --Ii.:.;. -;"'iAr' .s'-',.'` 4 ...,.''' ''''4'''4n'nt...:--4:P Aetk,,--t-L-S. Ix•, Daft.,- - :- t-' ,,-"-',.'4,"'-;:..7, " .;- ---, v. , •-.'''''....' "''.•:',.,::':: .''-:".".... .. ' .., ' ,7,.-.:4,•'-':-,,,,'.' ."1 '' tlY.'-',..:'1'it,'.'". 1`.0 ';'.•1,11`ii..$ c''-...). '1'..',44 ,:''' - ; 4. '' ' '',1.,'•it.:1•,.4; -... ,' .1.'''- '';.'"C ''' ' ' ''''; '..' 4,...: ' " ,' ..,' .,,' "'.'-Z'ir:' '4:410',1,,i ;;' •':,.•'...,.:.•',Y.:, 1,'...-..:, ., -r..-•')..•• Z 0-■:-'''-.,,-', jti‘:,..-,' 1 ,,,c. ;%:,',,;,?1,....,:rt:,.Ism* .1, ;i•,. -•/, 1;to,.%N:-...i„,14....4ii„, ..,-,2i/it.,•:.(1,4:•;•.... .,....y. ..e•'-'f,`,..%‘•,:, . '4,, •--_ •;,./,‘, '.,-'-;,,._. '.-40 , .. ' '' '''I'llit:'-'1.!.',.::'..3,■,/\4.7.."'` 1.: ''..• ''. ''`;''-■-:.1s.' ' '' 'R.‘..' ''.. ' ‘A''., '.` ,'" .•NANA.:,' tle&tli' T''N ''-, ..it.'!F. ):1.4T ..',I.:0J',...,'$-.11.E*'4.4* 1" •.., 1 k'.','- , . - ' ''' °.' '''- .. ad.,' '4.* U ' ,'..41#;-..37-,,.' ':e+ .:1'.i..;.'*,..-.".<?,. ': .. ..,f.;,,,,.‘--•' ,.40,"'. : . . il•'7.,. , ,.i.:m,..., "1.7,3,,i,,,, .1•>„: ''' .?'Pt'.-,t '' ...4:,4■;4 4;4 1.- ..rk ,1:7. ')•,--:;,,,la,'` ' 4 ''''..:',-,. ..‘; -.. ' -.,...- :.r .60. \:.:' ‘., V; .:';...L: ':. ..' ..!'il ,....'';:n ''.4',-,-...'-. 7.-'S, ''.+t,''N, '' i '''. ••...)..- ;:•._,,,' ,„•,..,,".4‘..Li'': '. ..'P-11".ks - ''17,.,;;I,:, '. 4.1:4i,,i' : "x...,A 1-.1k..1 1 ..,‘.,,,X.: . iiiik' - .p..1 , f, . • . Thii. ;...---- t.: ''.: '''.Y.;q•• •-•iv.E., '4.'41.-''.- ..4.',4.- 4:!'.'...cs`-, ' 'A' ' ...N.*•(71!'"- 7'-`*5(L,,. ilk. % -1-;':-."..." .- - ,..„9,- t. ,-4.1ii,i,-.. ,,t.s! ,,,,,. .---,-.. .-..,z. , - 70-41/41/24--,.t..0 , ' ,-'t 4-g4,1 ..4!;:riiti. • At! •,...,....• .0', .„,, - ,:.„, 10.1"...x...2„ '4' ,'■,... !), ''' ,7:,..;::!',..* t„S, ■,:,.6.,..-- i A• , ' •''' -,.`. j''''''' --,....'c, ,. , .N..- , -N,*..,• '`.` ylick.i.1012.4,....t60•••-eALz,:,k. '"•.- - . • 41,7.k -.I. .,.„*. ,:.f.,;,-‘• - rit; ligr-i..- .-• ,-•J . •••-'4 -*4.I . - . .4'- 1‘'I.,t.„-, ,lik'41::Tr-;*::•,,,,'•-•*`.. ;:i.,,,4:4:','`if 4.1.-,:-.;,,_. . v, .:4;■' )- Ni,,,i t, ..- - ' .,-' 41 -•:.-1--.44 gaigrkv41 • - .N.• vr„.,, • • ,,, ,,-.. .i * .--- y.t.,- .••• ... - ..e" -•••.„...-.`i Itt-"; ' 4 .. ... ...,„ .: ,,,.. . ...,, .,.:,...„‘t„,...,...,....„.,.._ .:„.,. ,x, ..4,... ," . . •,, . ,s'.. WI•e..:- :•■••N II% .'.',4-itrix• ,. sl.... ,t.-- .....1,-,:::, ,.-A,... •11§,..../ , ....,,,,,..• .,... , , ,•-,•-•-•-•;--•,-- , -,;--,e, •• , ' .. , ,, ,,,. • • : •,,, ,, ,- , 4.''',.."''',''As' :.:.‘ , ,‘ A......,...;..,. .. ■ , 4S, ■ki'- - .Ato,..•- ' ,,:*...m41.:XQ.*--: -,„7-L,'..,---0,. .t. 1 . • 4.• ,:fe. ;.4,.. ,,. '•--4.,-;,,..,e, :v.„-: : .-ite.:---.,-;,---1 . . i., ,:.:3- ..; .* ,-.ii,..• . • - ,":".,-,..--.4+;..•,,z.,.'"-7,;..-•I, ,' A. -, ''' ,..,,,••' . , .Li -,k:•,,..,.',10:. - * trittym-‘•-t ii..,t,:' N1P4- .:`• -• el',----'`i .: ":41.-"A-...' •.• ' -.i't•- .0;7:' -',/'- 414 4)1.44-' ,f-e4- 'i'e4+ '4,iM4.'+V--.''' ' - ',- - '',411It'N ‘' -4.', '... '..":'.,s- * 7.:'.','-:..'..,'''`4'.";',1'1‘T.:C1* 41',4v,, t, t‘.1rf..•• , iL.^:-f;tZ,_.' ,/ ..:. .., ', 4.,.;''...ist•UrA 10; ,, :: ,,,, , ,,.. ......,. ,. , ,..itk ., , . .„), ...; ..,, % ...„.,. . . .,, . . ., 4,7 ‘tito , ..:: .-) . ,..,•• • .„, ,,,, : „.•• ,....:.I...„.: , „ . •.;v. ;- ',:v.:!• , L. •,,,T..„....1,._, ,„1. 4, -,•,..t y, , \t, ,.,-..k..vii.-- ...13 ' ...• e!,, - 'IL,' ,, 7,•14". ." ' -:• - _N -4...*' 'e ,. t-'*-- .-- .."--. -. .-, ?. ',..k...• ••• 't. -0' -..- 7, ' • ' • 1;,. ',..1,.. . ' v 1:: • 'WV ',..' -;le .'44,7r-,,,,• 14."... . s.,-ti''XI 4' .-. - • ''4•"I'-'' 4- " 44 •_ ..z., .. . ,.r ,, .,,---::;..._, M . ,. t„., -i.,.... •-jp-, ,.:••• .,4' .1... -'-•,,," -.12. :.1.:,...ii....*, : . ,.,!,5:.- •,...:,1....st,...-:: 4,. ,,,;,,..... 4,,ii, -f,..-_, ..s $4.1*••,... 2 --:4 to f. •iim.,..,... ...-.%,_.;;;;:,;- 'Th4A.:'•-t-.:.11 ,A4s• '41.k;‘7,',...woek.k*.;I:.14:-'-'-';.'--.14„, ..*--..!"..,_-,..'•. ?',./t;"..:,,-71.',.."2".,.‘ ','.. ..r'' ''1:..11'. ''...--7,'';''' ..if'r, ...S .'7Irfl, )A"\-tri? '"'::•:- 4.‘4--. '' 1' ...-:‘..:4 - --4„e";.' ' . " ;;If -.... ' k .'. l' 47- .:.—4 y:• •• ....k ••••••• -4`Abik • - • .. 7.-4: - 441/....,,V11 ;It. ."0.'1 ' -if 1 -'•4, •,. ot'-' •;,,- --.1. - '' •.•,..-k.,:..S.‘ol- ' ',"". It''''.-7-'•1; + .;"44:1--":.•-....*.....N4111%;' .... . •;el:.*.....•■••"•4!" 4-"C.: '4,-- ....----.--4- •Atf'' ,- V74.,eigiii...„' ---P:' 'I • .1, '.. ' ,,,t. :. '' \' -;. •- ,-.4.. '-•.•...,:.••„: ': . ,:.-., ,_ .e.,...s. + ' ;' .,,•"•-■ , t'v• . ..r:,,,a,, . :,, . , i , 4u, 1,.,1., ..4t ,•••2,.,....,..,: ,• I .-,'1 Or''',&.,....„ •"V' -: '''''' 1,Z ' . .1.-. • ..44/.-'' '.iir,-. .: - f: ...,1,------ *.•• - .,.; lir.-Igo: 4,v., . „..,- . s 4.zci... ,, -;.,.4*:,...,• ''' ",,...i.....', -;;,.,,, :v ;' .)•',. ..., 1., .".•-•.AL,,P,: '4 ...ik ;;, .4.• . -1 • •fili,;.." . %••.-Ail ''-••-v,... ' -."ti,'••:-4^m- . tA:-.. -i...ir'''-•':* -..r..• .••• ,pf. Ls -.IV . ..irs.;''Lirk‘„ ,Li,".- si„. .,,' , .....„--t,i • •■•■.•,,,,, ._'ec -fit .. L ', N -1,' '" '..1 • '' ' . -..-, •O''''ti -l''-' . -11St'4' •'- '*`-i..- '' ' O...' 'L.''s''''t ... liPir r'..1' N. ',1i'Y /*'''' ...L.^42, ')...-i.- .;'2.'itOil'",".1 i ";...,;(1',1,- * 1.-: •4:;(' ''''‘ :-'0 z4.:+.:::- . . • Y,,' ' ../. ,f7- • .'' . ,, -. ;,-„ ..,,.!: .; . --,,,..:, ..,:. ' •, k ,•4 m ..,1,-;•,-. .;!x.„,tr, ...- ;-...•• . .„, . •-,•,,g . • ...,,'_•-..-.0.,... Ai:1'x „4: -...,„.--i..,-..,;.- t , . ., .. .. .4 , ...... • :r.A. N,,,, i 0,-.••.• , -7.1t....slk, .4.i.._.10.A.-- , ".. -.4 ,r -', ,. 44,-1.E4 N'• •••• ; "''44%'• .1".<1" . .i.-.."C'-'4,--. .... ,./,4;•-•.! "..,,,, ' . .7,, .,,,,_,:'".i' , ' ‘.S. .17 " L,',', .,., .,k.v -. :-ii..;:.',; -,:!.;',,z1...-. -1 •.'46;-'----. ;,••4I' .- mi"'-. !`)i,iie.1',.'''':.:'....";'''.1'I. :-'1',.'i. '. :',/',.7.1., --,'.'1..le*: -e...,. , •',.. -i -r---.' ii--#1, -,-'; '•-; '---.4'.0 •-: • !* \■03-.i' , '..i...... 1.---:.,41- .. -... - k ' '' k;'-.1" ^-' -,:,-,tr.:4X t.14!''•'' ,,:.• .!'_-_,:-44,44.t.:• : ,,, ,L.,„..'i'....•Ak',,'7i-t3:`,....;.•),,,;_. ; ..,..e,. ,-;,-i 4,1 J'4111., ,-..',..1„1" ,, -,.,.,',,:?:...1,,I.,?.1, . ...,..',.,-,,,--;)F.Jr1§, ...., ,' r lik il of ..•. s-;'to: "z•• • ' ,•.4"Zi:..- . --`•.',. -. 1-,„ 'k" .4.,-.4 . •. -.;; v•i,•;j.'N „, .:,C,:1A,4-0.1.'1..Pito,.`21k9; . 't,q,l,,., L ,..; .'.4:,i 6,1.-- '.....'•Ps ,./V-(' .,-....4.7.,- +.., -,51A,,pe_..,-.....- ,--7.x...4. ' - . , 4 •• ._. „,„... , , ..„ .,., .. ..',.. X.. i."•-•u..-"••*.,.• ._ .' ......NUt-1-4^14,.% 4 . v.7 ALT 4 .',..•1-4 -- -.4,1• • sio, t •,4 .,-•=p..1 • •-* •.-- -*- .AT.* .-" 4-••••-•• -4 -, .;_ • - '‘.-41 " • r .. •-. ' . • '' '' ••• • • •••". -`. - --- : -- ' •"*sis.• •1•-• 4•,4•'••-. -,,--;•:-• ')-`-•:-.••'• ,:/.'• '4. .' "•• .;,. (- . -I.:it' , -.,.. ..,.-1..,...-1:-',' .;• es '.- - ....IL. ' , ---.., .., ,N.4,.( •:- .. . ..... .. `1171 ..- ,,... .. ''',:. ''' ..:4;4-. .- '.. ''', ... . -i,.-..,,-...1.< .c.' • '.:'••C'' • ••<kaN6-2.7 .. .°--,-;.1- --"lge-4'' • C- '''''."*-'-- ' `t.'- ' • ' 'I :t. .i',1, . o' • ,kie.,-. -. ._ ,--,„.-7:- * • •..;:lit,>• .....,•Atra1/40,-- '-,t•-•---,':*l'-- ", ' - -• :-.----i-:,' ,.,c-• *"^ %. " .• .:1.-.... ' .*" ;iv,---•''"--.,u**4-1,•\ ..:".. -.0 ,,:t..^ ••' .w.,-,,. •,' ;,-•.-.. •• .-. .,1-in"' -.\ '`.- .'," ",...;' :L.A.- , ....,4-N,:, • '. ,:,6,.,.-- . .,j-5.-„,,,,t.,,. ,\,4:111-: , --. . ,--1,. . ..,.- ..-...:,. , .46-, • li•- - ,-i",e., ---.'',-- '-.2.'.• ,fr-:-.' /. ... - ' 4' ` • '''.. i,',---,,..•i*- -•'''.,. -':,,,,,,.■;,<;;.' . '...' '''. ' '2-" -'''"•. -.14-.'qtr. '-. eP'.u..-• ' -' 4 -,. '--;--:'. •: '-. '.• - -'; .,..."------t- ._. .-- -- '' 44,---'. r'.1 ---. ... - .,..-:-..ill... ..,•y,4,-"cri v. , , .•...,-•-• •,',..I.• .•,. .. . AI:, Az s.A. — .4'4 • -•., - '1 """. '''•;.11-R.C ...4",•"..--.r.-1'4'• --•-•-•-•' ,. 4..,•,.',..' ' ..''.......”-rt,.-;.. ,.;74%,46.,...-•,,-,. ...1;11,-,_..:ty..VA:i' -.' . . ,. ,i. -......., i'''''.7.. ./ - ' ' „:. - '' ......A:44.2.," , tt::"):4, .. ' ' .'t 4- , ..:*:".e.-.:,,..z.'114... ., A.:,-.,,,...!-,.-■ ..,4'1,,,,..11.7 ,,4,4...It% -4...,....S-. , .....?._„_. ..„:„ ..,„.. ..----; ,Ntki17.'-„Z‘'..,,.:. ,; ,'-.',-- .--•-: -4,1ri:)..,..r.-:' '7,)...„i, 4.1.-; - -.,..... •.:.; ,,..,t 7-•:.1...;',,,r4;.4,,f -41 :.,:r,„,/...--- - 'tort, ':--‘,.,*` '-a.,,‘.4t,L• . ' r-. te..,- ,. ,.. ...-,.,v -,,,vii-.-\.. .-,, ,..4.,... ,...eko, ,. ,,:q., '. ,t.z., —....-,=--,,,,.:..„.....4-,,. .7-,• . . Id, .. ,•• ..!..,.;., - ., , ,-,0 ,J...,..,,.4\..,.,,,s,:i",?:-.Li.,..: .- -.-,,_,q, r :,...,...4i.. ''' '''-'..7.-C,. / ,..,,. . , • . ,, t.,, ..,,,,,...4 4.,,,. , s.-:-.....r,...1--..r'4 4.4...., ' -\.:t.4.....,.,,,,.. ,, .. ,.., ... ... ,..1,:,.friy,...., . .,,,,\ _ .-...v., ,,, , •,!.... ;>„,....,:..„., __„.„.„:„,_........?„ ,..,k. . . , •, ... -, .. "): :•.•-•';',-...„ -',.:Y,..,, , ''• ' ''k''17',"`"•:.-----: 4"'• „...".'..",...,s. .--A." '','...,,,,,....,,.J::-"/".,'"=: ,..-:',,,.;;• .:,;,,,,::'•1 ',.,=7" ..,;,-; ‘K -„,,' . .44 L.:, '-i!)... . ,..."4•:" ,,,'''",:.-- ..7!'. • . _ .„ ' .. ; . ,, : _ ..t:,•,kr, i--e,-; ••••■ ili.', .•' il.....".,:-...4--<;,,,:s„,.',•-, "i- ••...'"-,.,-- _.,,..,-i;;•.):3'...f,'7.>.---- .,, ..y.•,...14-V, t',e.4.„,;.„.:,',..\ , ..• ii„,‘,....,'- -,,.i.,r•- •. -• yy,__;2.... -- _. 44444, it .., r._,.. •,, , ,-./•,,,g0,/t....,;, , . - .. .-. .........,-, - ,.. -,...,_.1-?... ---;.-----:--___-_-_,_.• • .:- • ;4„ 7-51-. •••.• ,..,.44,.-..,*se,t '. ''.. . *,-,c:,-,)Z"'.",-""•:, ..-• -,\- '-'.. '.. -'•• '..,C----i: '•:•:i • '4,• •• '''- •.,..s\---,-,,...-- 7------i 1)"14),• : ,.-1 N.-. .,,,',,,,-.-t-= --- , ..-.-.N..- .:.'"$,-----, ;. -.'-: ;•-.•.,-.-..., ' t'," , i,...1.•-•-•-:..•'......••;...•0 ,.- • ....:''.,,,:,;•„:•....-,,,, •-. , ,,,, .,. - .:., ....-="••••■•---_-4.-,..-r-v,7,,. , ....;, ''''. Llo,', . • ' '.. . .''''' *. `;‘; * 2-.0.-.-.47,- .',;f:', -7,'AX■i';5-...C:,,-,14,0'`Lt;.', _. -,..?3, ','• r.•'..t,, •, •... .",,'",.$"'i ,, ' . ,...,1. -',.N"-4-94.,"'..■'',,Q'.8.,..,._.5,. ,T1:4.15,V, ._-7-7' ' .• ' ' s. :.:' . ,:i'.....'''';',":..1. - ' . '`.4..''''■'I''''4''''-''.'.''''' - ..-". .1:, ••- " 7, .'7- . ''7.. II"'.-"- ,.... ,„..•f'.''4 --,,',.,',,, ,--;•-.'":-:I' .,,,. , .,- • . ,,Ii! ,..:. , i"---,,'.411Pir,-7.41;At • . r, ' •• L. •' . . '' L ' . ' ,' ,.. '..•' •, • 1•• , , L2.,L*!. • '.. . •• ,.., •'•'. • ••• •: r•: C... 'L '' .,:. 1 • '‘)....'.',...i L ik ' "1.•L.. .. ' . ' ,•i L .: L • "' L'L ':L • . . • L •• .,. 'L' :r. .. . .#,:ir'N:74.:''r'':11,.... .Vi'' . ''''''''' ''''. '.1. '' '.:: :. 'r . ':.' " ,'.- ,'' .‘ .'::.. :'t•••' . • " ." -'.1' ':'.'. ',-l': 'k',A-t'...si'.1'..'".- P.;\f, '. ! ', .- . ' 1. •' • '' . .• L .. L . . .. .••..,. .. , • .. . • L . .. •. ,•:..:,....:.?L". • L-,1k.a..' ••••.: ;-;.';',. .'-'`'.:','.': '',,• ;"'. ..• .a,,.4.: ' . ',, ''.':•i'll• 4B":,, \\'''' '-'.',^'.-.:' .'::t:'. :: ' •• :'r.. - '7 . • r If': ' L. . '' ' • ' ' . : • . ' ' . ' .: :. .'7; ',7;;:i'''........ .'1:1:1•'.:07.•••::'.-4, ----' ,. ,1 .' - 4,4 •.,;, ..,. ?..z;;;:,;..._',:,'::::-,-... --- -,':::: . . . ' ' . lc.- . ., • • . ... .. . . , . , . . . . . . .. . _ _ ... , . , ... . .. . .1. • .......- ;r' ,. ..,,••• '.:,-:,,,,,tw:,t;,-,-;;......, • ...'`.-....,,-.. ' . : . ', ',, • 'L ' L '' •LL L' ' • . ' ': • ' '''•'• . :,.,....,' L',.:•••.•'.'IL 'Ll• '' L'••L.••'... •• ''•'''•';'•'4Z:% ''..:..'—r 'L.'''.•'•' ,,,i L. L.. .., \•N.L: ....;.,4,,i•''•;...,7".7',,i 7 Ai L,L:.' .: ,• . 4 r,' ' . r ,' , . r, r . r : . '.r,rr.r.rrrr r. „ r , .. •..!-....:....'''','::::'' ‘,.,.,. ''I.., . L 1.:..V.4,!!,..,:i.:rft.,..z‘.1%.:+,,.•';''$''''f'.',,,. ' ,'," '., ..,,,':. ... ,.L-'7. ."..7:'.•.',''''if■!..:./. '-..."‘A't\:::,,,i':''',•;',;:;.,.:',.'.;,..::;,.?...'f,.' . .:;,1!, :' ' . ,-,., i . , . .. . '.". ,' , , ; ' • , L.'' : .. ' .-‘ •. . .■ .7'.,'-17;,...*...414.'''';:■ ''.Z.;1'..4.:•%'').;.'"4'... '.‘. :'. ' '...:... . . , r . ' r . ■ ', ' ,7 . ' . . •4,,--;,,..,.. .:.,--.. .-• : ..- — --• ---...?. -_ ;-!..'......,- .- r . . . _ . • . , . . . . . . , ...,0 • ..1 . . •• , ,;;;•,t-,i.-•-. • .‘ ... . , . . . . ..: . -- -- - - • ,_,•,,, -. • • , - •-•• •••••-_,..,,. • . •. . , • •• •,• ,.4.•:.s.,..7,.....--.•:-.• ••• ••:;-•:. . ,_.. . _••... -..- . -:•.:•.•.• .; _ -._,_ .. - • .,. ., . . . , . .. . . ,•-••.,„, ..-.....,.....,.... ,.,f,,,,..,..•,;,•,..-.• ;,-,.:.--.N,•.\\ - ,-/ • . .. '''. .. . 441 *'*' ' - . . . • • . .. . . ■ ..\;••••... . ,-,•-.1,- - .. -,,,,....•.....,...-••......... ,,,,•••&:„L., , • -,t,•„..,•,•/•••• .: • - - • : - •• . 4," .•-_ ,.-. •••-- - :7,-, Ill.41114., ' Illigg k: r / ' �i 3 t ► 4 f ,-1^ • Y i` �J� ''..V.'1.� ,• 4 t• irf `Y {. g7rr�..r�'.l. 1j1 U k V•1. - r+! .� t .� d *'� 4 ♦ Yy• ',at l �9/ r } n`' '�F�t f ' rr- M1' i w1 } $ 40, w , • • r o ' i e: Au ._.. 71• �- v. "R w ✓ 1- x45 �G• • • s, •.+ r ,e. rte' . ! 't ..k � ,/ A, c. y ,. # 7 1. r ! t 1 !1✓ a� 9 ~ SAVE OUR TIGARD NEIGHIORHO ' DS ! like us on � f Facebook PSUPPLEMENTAL PACKET ox //-.2r,�oiy (DATE OF MEETING) f zeti m 61 TABLE OF CONTENTS Introduction Letter Ingebrand Heights Petition Page 1 - 6 Addendum to Ingebrand Heights Petition Page 7 - 8 Cul-de-sac Plat Plan .Page 9 Through Street Plat Plan Page 10 Aerial View of Ingebrand Heights Page 11 Traffic Study(provided by City of Tigard) Page 12 Tigard Times Articles 1k A LIGHT BULB JUST TURNED ON! Dear City Council Members: We would like to thank you for this important opportunity to present to you our findings in regard to the petition we are hoping you have had time to review, prior to this evenings meeting. We wanted to put it in your hands, a head of time, so you would be able to read through this very important document to gain an understanding of what the City of Tigard is doing in our Historic Ingebrand Heights neighborhood. After the many months of research and meetings with the City of Tigard, our confusion in regard to the stonewalling from the City in their insistence of a through street, a "light bulb" just went on! As we could not understand their pushing back at each meeting, and the repeated "no's," as they did not really give sufficient reasons for, we have finally figured it out! It is all about CONNECTIVITY. It is obvious that the City allows code exceptions when it fits THEIR agenda of connectivity. Attached please find our petition, Addendum to our petition, and additional information for your reference, which will explain, and strongly support why we are asking Council to provide direction to the City of Tigard staff as to the options that are open to them. We appreciate every consideration in this very important matter, and believe you will see it clearly as we do. Best Regards, "Save Our Tigard Neighborhoods" THE CITY SHOULD NOT SAY"NO" FOR THE SAKE OF THE "CODE" Submitted by the Neighbors of Historic Ingebrand Heights Neighborhood November 18, 2014 A PETITION AS ALLOWED BY CODE 25.08.040A (2) Petition:The neighbors of the Historic Ingebrand Heights Neighborhood ask the distinguished Tigard City Council members to approve Mike Mitchell's preferred cul-de-sac plan for his proposed 7-lot subdivision at 14325 and 14405 SW 97th Avenue. Dear City Counselor We are sending you an advance copy of our petition which we will present at your next City Council Meeting. Our neighborhood has had several meetings with the City of Tigard Planning and Public Works staff. Our next step is to work with you, the Council, as prescribed by Tigard City Code 25.08.040A(2). This code clearly outlines the power of the Council to make final decisions about petitions such as ours. History: Our neighbor and developer, Mr. Michael Mitchell, presented his development plans to the City of Tigard, with the plan of a cul-de-sac at the end of View Terrace (see attached). In his pre-application meeting with the City of Tigard, the City told him they would not accept his plan. However, they would approve, and only approve, a through-street plan. Even though it was Mr. Mitchell's right to submit the cul-de-sac plan and even though the City could accept the plan, Mr. Mitchell felt he had no choice but to acquiesce. In the interim, caught between his rights and the City, he approached the neighborhood. Mr. Mitchell met with our neighborhood on July 29, 2014. In this meeting, he shared the two plans and explained his preference for a cul-de-sac. He emphasized that he would support us in pursuit of the cul-de-sac plan. After our first unsuccessful meeting with the City staff on August 26 we consulted land use attorney, Damien Hall with Ball Janik. Damien Hall used to be the Attorney for the City of Tigard, and confirms that the code allows for a cul-de-sac. He has had several conversations with Kenny Asher to open the dialogue between the City and our neighborhood including Mr. Mitchell. Mr. Damien Hall has found solutions that the City could accept based on code and Tigard's Comprehensive Plan.The following fifteen points details those solutions and the rationale for them. M 1 DOCUMENTATION BASED ON TIGARD DEVELOPMENT CODE 1. Damien Hall notes that the City's through-street plan is invalid and unfeasible as according to City Code a through-street cannot run directly through an existing building. When you review the plans that Mr. Mitchell felt forced to submit, you will see how the proposed road would be required to go through Mr. Mitchell's existing building which he does not want to demolish. If the City of Tigard were then to curve the road around the existing building, the dimensions of the road would not meet City Code for a legal street. 2. The City Engineer ultimately allowed a public dead-end, cul-de-sac street in the Gertz Fine Homes development at McDonald Woods and Edgewood. Meaning, there are no through- streets in the two developments. This allowance happened due to the timing and sequencing of the plans submitted to the City. McDonald Woods and Edgewood Phase One development plans received approval 10 months apart (2005 and 2006). Edgewood Phase Two received final approval after a Land Use Hearing decision of October 21, 2008. All had the same developer LanPacific and same City Engineer. This case demonstrates that 1) the City Staff and City Council used its authority appropriately to grant a new, public cul-de-sac street and 2) the new, public cul-de-sac street was approved due to the sequence in which the plans were submitted (since the first plan McDonald Woods included only private streets there could be no through-streets in the second plan, Edgewood Phase One and third plan, Edgewood Phase Two). These outcomes had further implications regarding block code which are detailed next. 3. In examination of the Gertz Fine Homes development process, it is clear that City Staff use or make code exceptions in a case-by-case basis without clear consistency. For example at our October 9th meeting with the City planners, the traffic engineer and others, Mary Feller of the Ingebrand neighborhood asked Kim McMillan, the Project Traffic Engineer, what was the criteria for granting McDonald Woods two private streets.This question was asked in an effort to understand how decisions are made by the City whether in line with a developer's wishes or not. She replied with one word: "code." Indeed, according code 18.705.030 H and I the City Engineer can decide if a developer merits a private street. The only stated criteria that the engineer must consider is • a private street can only serve 6 homes and, • a private street must meet the criteria for Fire and Rescue standards This code addresses "what" but not "why". This matters because development plans are obviously granted or ignored based on inconsistent application of code. This becomes even clearer through the details provided in #4 which follows. 2 4. City Staff have indicated that View Terrace must become a through-street in an effort to conform all City streets to a block size requirement of not more than 2000 feet.This is an untenable position due to several inconsistencies in the application of code 18.705.030. H and I: A. Edgewood Phase II was granted an exception to the 2000 feet block size requirement because of prior neighborhood development. Because the City allowed two private roads in McDonald Woods there were no available public roads with which to connect for Edgewood Phase II. Therefore the City allowed the existing block size of 6695 to stand. To be clear, the City helped create that block size. B. The developer of McDonald Woods was allowed to pay a fee instead of developing his section of the future 93rd Ave, a potential through-street at the edge of McDonald Woods. The City Staff have said that 93rd Ave will never be developed because "no developer wants to pay for a through-street". Yet, they expect Mr. Mitchell to pay for a through-street in the interest of connectivity. C. Therefore, Edgewood Phase II has an existing block size of 6695 feet which the City not only granted but created via previous development decisions. Yet, the same City has told us that our block size is too large and therefore View Terrace must become a through-street. We expect the same block size exception be granted to us by granting Mr. Mitchell's cul-de-sac plan, re: block size code 18.810.040.B. D. Significantly, even if View Terrace Street became a through-street, the newly created block would still be larger than 2000 feet. Why should a new development be granted an exception but a beautiful unique historic neighborhood, Ingebrand Heights (1958-1963), be treated with less respect? 5. Another inconsistency is in the application of code concerning street length. A. Codes regarding cul-de-sacs and dead-end streets, definitions: 1. Code 18.810.030L2 defines a dead-end street as a street which does not connect to other streets. In other words, the bulb is not part of the cul-de-sac street length. The bulb is just a type of turnaround. 2. Code 18.705.03.H4 allows for cul-de-sacs or hammerheads for turnaround if the street is over 150 feet. 3. Code 18.810.030L limits maximum cul-de-sac street size to 200 feet. 4. Therefore any new cul-de-sac streets must be exactly between 150 and 200 feet so long as they have a turnaround. 5. However, as established, the code allows the City to make exceptions. B. City approvals, exceptions and inconsistencies: 1. We were told at the August 26 meeting that Mr. Mitchell could not have a cul-de-sac because View Terrace is too long. View Terrace is over 150 feet long and is a cul-de-sac street ending in a bulb, View Court. View Terrace- View Court has existed this way for nearly seventy years, when the Ingebrand family began parsing their farm. When you examine Mike Mitchell's cul-de- sac plan, the cul-de-sac begins at his View Terrace property line so the street does not need to be extended. 3 2. Importantly, the City approved Braydon Court in McDonald Woods as 246 feet long. Edgewood Phase Two has 90th Ave, a public cul-de-sac street with a bulb measuring 299 feet.As indicated above both McDonald Woods and Edgewood Phase II were granted exceptions to the code. 3. Mr. Mitchell's proposed cul-de-sac plan would conform to these same codes and exceptions by extending existing View Terrace approximately 11 feet to the property line shared with Mike Mitchell and adding the cul-de-sac bulb. This would result in three new high-end homes terminating on View Terrace. This plan has significant implications as outlined later in points #13 and #14. 6. There are four sections of View Terrace in Tigard.The other three were allowed to become dead-end streets. View Terrace off of 95th was allowed to have a private street, Jubilee Court, instead of connecting to 97th. The Planning Development staff argues that View Terrace will eventually connect to Mountain View Lane. Yet, because the terrain of a raised embankment and the engineering challenges, this connection is unlikely. 7. In 1987 Inez Street,just to the south of View Terrace, off 100th, was allowed to be vacated in order to accommodate the Butler development. Inez was an unimproved through-street at the time of vacation. This means that the City approved Inez's evolution from a rough- road through-street to a street which ended (without a turnaround)to a permanent and forever bulb-less dead-end street. Therefore, Inez Street which did connect 97th to 100th was allowed to become a dead-end street while View Terrace off 100th, a dead-end street for at least 70 years, is now expected to become a through-street. 8. Both the neighbors of Ingebrand Heights and Mike Mitchell favor a cul-de-sac street with a bike/pedestrian path to 97th for the safety of school kids, improving the walkability of neighborhoods, etc. His existing cul-de-sac plan will add such a path. 9. According to code 18.810.030 regarding street safety, "no development shall occur unless the streets adjacent to the development meet the standards of this chapter." Our section of View Terrace has 20 feet, 5 inches of paved width. Its width is called a "Skinny" Street which addresses safety concerns. Therefore, the safe movement of traffic is limited. This limitation is further enhanced because the street is steep the entire length. Making View Terrace a through-street would ignore serious safety issues, which is further highlighted in #10 below. 10. The City has advised that connecting View Terrace to 97th would lessen the traffic on Pembrook. Where View Terrace has 20 feet, 5 inches of paved width; Pembrook Street has 31 feet, 9 inches of paved width. Does the City really want to shift traffic from a wide to a Skinny Street where vehicles, pedestrians and children at play have 11 less feet of pavement? 4 11. The City Planners further argue that connecting View Terrace to 97th is an example of tweaking the traffic pattern. We have been told repeatedly that if you "tweak a little here and a little there traffic will be better."This was an opinion lacking any evidence. By connecting View Terrace, a Skinny Street, with no curbs or sidewalks, the traffic might be less on Pembrook (where former Mayor Dirksen and traffic engineer Mike McCarty live). Pembrook is not only wider but it also has curbs and sidewalks. How does this "tweak" improve any aspect of Tigard's traffic flow or congestion?There is zero evidence to support this claim and there is reason to believe a through-street is more harmful than helpful. 12. Extension of Streets. code 18.810.030.F, "a barricade shall be constructed at end of the. street to indicate further development". View Terrace has never had such a sign indicating future development. We have three residents who have lived on View Terrace-View Court for 50 years. No such sign has ever been posted at the dead-end of the street, therefore leading residents and prospective buyers to assume View Terrace to be a permanent dead- end. Conversely, we do have a sign at the beginning of the street near 100th Ave which says "Dead-End", which reinforces the permanency to residents and prospective buyers. 13. By connecting View Terrace to 97th Avenue, the integrity of Ingebrand Heights will be compromised. City Council candidate, Carl Switzer stated at the Tigard First Forum at the Tigard Grange, October 23 that Tigard for all of its history has ignored quality of life of the Tigard community. His sentiments are echoed all throughout city documents, including the Tigard 2014-2034 plan which repeatedly mentions City aspirations, intentions and plans to care for all aspects of residential life in Tigard. A. Safety. With a through-street pedestrians and bicyclers would be subjected to more and faster-moving traffic. Our neighborhood kids would have to modify their play. For years they have been able to play in the street and the cul-de-sac. With more and faster traffic moving downhill, children cannot be seen and children do not have reaction time. B. Our neighbors would have a higher crime rist-: (Newman 1993, page 2). The Newman study discusses crime prevention through environmental design. (For example, homes on through-streets have more crime because of higher traffic volume.) This concept is known as CPTED. Cul-de-sacs and dead-end streets are the safest. They curtail crime through access control. A dead-end street and cul-de-sac make it harder to "case" a home. A quick escape is very difficult since there is only one escape route to the nearest feeder street. Since 1965 View Terrace-View Court has not had a single burglary. C. Property values would be affected negatively. Homes on dead-end and cul-de-sacs are far more desirable than homes on through-streets.This is consistently documented by real estate agents, Zillow, and sociologists alike. D. Social fabric.The social fabric is very strong on View Terrace-View Court. We have two neighborhood parties per year. We think of our neighbors as an extended family. Communication between neighbors of View Terrace is frequent and easy because there is only traffic from our cars, our friends' cars and delivery trucks. 5 i 14. The Tigard Strategic Plan of 2014-2034 states as one of its goals the preservation of its existing neighborhoods. Ingebrand Heights is a beautiful, unique neighborhood developed in the late 1950s. Each of its homes is set on a lot of at least 0.4 acres. Such a beautiful neighborhood should be preserved as an example of what "home" used to be, a place where children can play ball, ride bikes, and more without fear of vehicular traffic and crime. A place where side lot-setbacks are much more than today's five feet. A calm neighborhood. A private neighborhood. A serene neighborhood. A perfect place to raise young families. A place representing America's post-World War II development. A place representing US residential history.To preserve this historic neighborhood it only requires an exception to two codes: 18.810.030.F and 18.7705.03H4. Thus far we have demonstrated how Mr. Mitchell's proposed cul-de-sac plan will be easy to approve and implement according to City Code and the history of exceptions to that code. 15. Beyond matters of code, City documents support the cul-de-sac plan: A. The broader view of the public good is highlighted in the City of Tigard's Comprehensive plan, which does promote connectivity but not at the cost of livability. The plan also includes policies that promote and support the following which retains existing cul-de-sacs offering pedestrian improvements: o Preserving and protecting the character of existing neighborhoods, o Avoiding neighborhood cut-through traffic, o Promoting pedestrian safety, o Promoting alternative modes of transportation (ped/bike) above use of single occupancy vehicles. B. The neighborhood and developer support the addition of a pedestrian/bicycle path to the cul-de-sac subdivision plan. Whereas connecting View Terrace to 97th creates an unsafe pedestrian environment for children walking to school because the sidewalk improvements would end at the west end of the development project and children have to walk in View Terrace (a skinny street) which now carries through traffic. C. The pedestrian path can be a shining example of best planning practices for the city's "Safe Routes to School Program", and is located at an important juncture for the children attending the adjacent school. Our neighborhood understands how busy you are, and express our appreciation of your time in reviewing this matter. We look forward to meeting with you soon. Sincerely, Your Neighbors of Ingebrand Heights Spokespersons: Mary Feller, 503-639-1816 Linda Day, 503-598-4670 Don Feller, 503-639-1816 6 ADDENDUM TO INGEBRAND HEIGHTS PETITION NOVEMBER 18, 2014 THE CITY COUNCIL SHOULD NOT GRANT EXCEPTIONS TO CODE IN ORDER TO ACCOMMODATE CONNECTIVITY PETITION ADDENDUM:The Neighbors of Historic Ingebrand Heights neighborhood ask the City Council to deny the code exceptions included in Mike Mitchell's incomplete application for a sub-division with View Terrace as a through-street. Mike Mitchell does not want a through-street in his sub-division. His first choice, a sub-division with a cul-de- sac was disallowed by the Planning Department. The through-street plat is a poor choice since it requires two exceptions to the TMC code: 1. The extension of View Terrace would only be 24 feet wide. 2. The required setback of 20 feet ca not be met because of the existence of two homes built prior to 1995. Possible setback would be 15.15 feet and 18.76 feet from the Mike Mitchell home. Neighborhood and Developer Case for Argument Livability Argument: Requesting a cul-de-sac, with bike and walking path to keep 70 year old street livable, as part of the new development in the Ingebrand Heights neighborhood. Legal Argument: Two of the specific exemptions from the connectivity requirement, as extension of the street is precluded both by (1) "existing development patterns," and (2) "strict adherence to other standards in this code." TMC 18.810.030.H.2. Here, given the "existing development patters" (the two homes that predate 1995) and the "other standards in the code" (street width and setback standards), it is impossible to redesign or relocate the street to connect View Terrace through to 97th by going between two existing homes without either moving the homes or deviating from strict adherence with the applicable development standards. Interpretation Argument: It is worth noting is that the code anticipates strict adherence to the development standards in association with street extensions, which seems at odds with the City mandating applicants to pursue an adjustment or variance in order to allow street extension. Connectively Argument: A principled read of the code demonstrates that a purpose of the code is specifically to avoid running road connections through that are too close to people's existing homes. The code also states that the "mere presence" of environmental or topographic constraints is not enough to preclude an extension. This implies that the mere presence of the other listed constraints, including existing development patterns and strict adherence to the code, are sufficient to preclude extension. Safety Argument: "Safe Route to Schools," a new program being rolled out by the City of Tigard, is confusing quite a few residents, as well as parents of school children in the area around Twality Middle School and Templeton Elementary School. The confusion lies in the City's stonewalling of a neighborhood, and developer, that are requesting a through street not be put through and dump "cut through" traffic in front of these schools. Connecting View Terrace to the school zone at 97th Avenue will put school children and bicyclists, walking and riding adjacent to automobiles, down a very narrow street, without sidewalks, all to share the same path to this very busy school zone. 7 Traffic Argument: The City provided a "traffic pattern" report (please see attached), which shows in contrast, connecting View Terrace does not significantly improve the city's transportation system, and any utility is limited to single occupancy vehicles. Connecting View Terrace also has the unfortunate side effect of degrading the pedestrian environment for children walking to and from school, as such trips down View Terrace will involve walking adjacent to the new traffic associated with the through street and there are no sidewalks or other pedestrian improvements to the west of the development site where View Terrace is most narrow. Comprehensive Plan Argument: The City should pursue a solution that allows for the City, the neighborhood, and the developer to easily accomplish all that is being request. The neighborhood and developer get the cul- de-sac, and the city gets on-site (ped/bike path) and off-site (View Terrace sidewalks) improvements at a crucial junction providing safe passage to the school zones on 97th. Again, we are asking Council to provide direction to the City of Tigard staff as to the options that are open to them. The benefit to the City is good will in regard to the neighborhood, the developer and the Tigard community at large. It is very obvious that we are presenting an opportunity for the City to partner with development and community interests, to create a project that is a victory for planning, multimodal transportation, and youth commuting safety. We thank you for your consideration. 8 IP I I -I NJI LOT 4 1 - .ti..— , \ ��� tt,c L,n ------------------------ --•--- ------14x30'— ------ ----- 75.00'--- I. ^,,------------ I 1 /�, LOT 2 1 � I /,/� I I A-20,545 SF r1: I. ! I I i' • I // m ; I• ' ° LOT 3 I - I LOT 1 I 1 l� A=14,022 SF I ;��////i/%/ijj, % I g A- 9.375 SF . • j i '-- I i 1 LOT 5 I i $ O g ; I' _ ✓ �s I G. • 1 '-II N . 7•0 I ��35 sup v Ie 1 l erra(.:e. I A �' , �:,� --r I ' s• RI L4 moo. SW VIEW TERRACE 1 � s I(\-.... .. 0 L! • ! op/ I ! .; N. — - - - - - - I PUBUC UTIUIY 29.93' �2 . ! V I EASE/A__ ENT 30.00' 25.00' g I r I Z I 19.73' , Ltl 1 '• w I I > ■ `1 '' 9 50.49 N 1.111L\V UV1�cLV� I `s,• T �islr isail __—__ -----rt Q �., C ` 1 1 t h � \ ,0 �y,�� 't p —r`7gs? COMMON SHARED ACCESS I • �' I 40 . 1W '�!�it,I lerfaEe_ I ,/, j. FORLOTS1do2 t I `�\ I s'DEDICATION-)16,18 111,.: VI e1A) -re r�tra da I ( `t a. 4_ f4cu-IY.Eo. Ih.r i - LOT 6 I ---- ---------- I V O I 74.40• 1 1 I f '• 1 I ; I I A- 10,926 SF II.: •.. I 1 , 1 I I 1 1 $` - __ _ 16&OT - - -� I I 1 LOT 4 LOT 5 I f14fr ,I LOT 7 1 A-10.053 SF A 10666 SF , I 1 I I I LOT 6 +. I 1 I I I 15 I 15M% '9.; II I I I I I i 1 1 I i,l;i r E>A15M- LOT 7 g •,`I I I I I I . I rJ A=14 996 SF , , ' � !ri IY I , 1 ir. , ill 1 I II ' 161).01 I ,Iiiii „p„TM --�.l �Jj__ j 8497 72.24' _I _ �� I r f 0 10 20 30 40 Z1..i'{�.„iiii ij -_— _--�__ -- ` ----�— __��__��_ , -- '�'L� 1 I� 'll SCALE 1'=20' ; �/ ''j t rt� .t,� �:,'----- ---- Lp.N� OK,L-{N EL s‘1.1 BRD V plc.) 7 PR ft IttARY PLAT PLAN r.:.: �pR� / SCALE 1 =20 MIMED WI ' ` � ' PREPARED FOR: PLAT PLANS S.W. 97th AVENUE PROJECT PRELIMINARY SITE SHEET # syt S.:T v J. Si0RM0 Pil °� MICHAEL & PAT MITCHELL DIMENSION PLAN C 1 J' sroRMO 14325 SW 97th AVENUE NO. mac o6u.nCO IMO :. >L ..:r. , _ xwn oaFa -- i�„ ;,, . 'tee 5-19-2014 m 6/30/t4 TIGARD, OR 97224 REVISION TA I I I I n ' I `-N i LOT 4 s -- � - _ _ I U .1.-; , .1' __-____ 125.35'---_ _- ----_--_---�- --____ '__�_ _-_-___ 1- --E I E E� \ 1 25.07 I -- ----- 1 4- , , / , .. I 1 7200' + If i j'' LOT 2 r- �.' I , A- 16,702 SF I 8'DEDICATION I / I 1 1 I V Iii / v777 1 i ,I A 9912 F ct I - A= 15,041 SF 1 _ 0 I LOT5 �. ? ' ;- I (393 5 5 L) V►e I ``' + n� " ter I m►K I ...-N, I I Mme rn i 1 JI I I \--,-.3..!-H\-- 1 _ • _—89.25' 37.16' ' 1 .. 2Z' 1 5'SIDEWALK 34.2p 27.28'= I R=20' U 'I I IX 7'SHALE 15.15 SW VIEW TERRACE 50.0. 49.4., 1x.76' y, (� - - ----- - - -- - - �- - 424Y I Z 0 bb - - - - - ___________ 7' S'SIDEMf .. W /��1 C1 •8 a CL R=166' .• Q i ------------� 7 7' \ CL R=168' - I 50.0' ----- --- ----- I 5'SIDEWALK SW- Vi-----L—",_ 24.0' - I t yam- 80.03' 10.72' Y 1��/ ER - - T q� Q, , I 5269 I , - R■25' 3 ---- ------ I ; @,�q, 7 SWAI.E Y SHALE -- 4d5 5'SIDEWALK . N SOUTH NORM I I 9 16.79' 77.12' & 8'Pt10L1C PRORP�osED 50.0' PROPOSED I , I LOT 6 I j/44).45... I unuTr 7 CENTER PUBLIC EASEMENT/ LINE UTILITY I I , A= 10.507 SF I_g r EASEMENT R=20' -F---E�E-�I 25.0' 25.0' , I 6500• ~ --_6— 0.5' - - -0.5' I I - - 5-0' 7.5' 12.0' 12.0' 7.5' 5.0' ' LOT 4 ' LOT 5 , i !�• 'SHELF I - g A = 10.576 SF ---. 38,8,' I 5'! 6- 6' I ' A- 10,882 SF I 1 �_-- 1 W11C y� 20076 2OOX y� x1`� I I I I I W—�I __ I Ij ry1 W' • •r�i r r r�i St l L-. ,_1220' .---- 1 I i 5DCCONW CRETE ,�a`►[ 1'` ��-:.y;`. 8'PONOING DEPTH I i ''I -1� / ^ I I 4 2'BOTTOM NADTN ' 70 BE FRONT BELOWWTOP 1'_-0 AGGREGATE BASE I I �I X 1 //I�y i a'DEDICATION I Iy OF CURB ELEVATION (8 THICKNESS) I 1 I ! n I COMPACTED SUBGRADE 1 I I }�L�I1.1G! " Ii` i II CURB &GUTTER 3'ASPHALT PAVEMENT I , /` j , LOT 7 NoRT11 7. TYPICAL SECTION — S.W. VIEW TERRACE I I 1 OW '" "' 8,230 SF I o ligi ,o zo 30 40 SCALE NTS I .. ill SCALE 1'=20' - 1 I\ 1 I\ 1 17.03' I - - / r-------- 80.00' 80.01' ____L 1 ' ----� ----- ------ - - - - - icon---- -- I 5845 -- I ',,,.r I- SAN I si" I 5`N BR0-v1E) PRELIMINARY PLAT PLAN 1 (pR i SCALE 1 =20' I .-. / OEGIGNED Ur S� ,PE�i PRELIMINARY PLAT PLANS S.W. 97th AVENUE PROJECT Eq PREPARED FOR: PRELIMINARY SITE J. DIMENSION PLAN� C 1•1111 A "'°°® OREGON MICHAEL & PAT MITCHELL J. STORM 14325 SW 97th AVENUE w. ME OnCier w two. &MEM Kama cvamnl J rwa ram) , WIRES 30/16 TIGARD, OR 97224 1775? t"°',� ' 6-27-2014 SIGNED K 11115-4005 I I ___,...........,_.__ _......._______............... _,_____,,.,_,_,..: . _ ,, Street of dreams . ---1 A6 NEWS vrrvrvtaigardtimes.com The75mes Thursday,September 25,2014 `Neighbors ask Tigard to put the N Av brakes on plans to extend road !h ;UKSINGER Gid et. Terrace. Ci - stresses nee - or roa connections � — — developer to extend View 11-r Mary and Don Feller race to nearby 97th Avert: n long r _. ,F 4 .- - r - = . � -a :fir. , "It's important that we ally moved to their home on after e anunce�l x� From page Al ,g, �- ri :'T_ ot.: - 4° • '�` �� ,�■; s"' , - ._ a •� �y � understand each other,that we" View Terrace nearly 40 acid a handful of new homes ''� ; - I'� ��< '� >+ � �•�; hear each other, and that we jam. •c.'- ' Y� _= * fA_ • �-- 1 t **.:; _; � _ years ag;>and have never re- property that abuts the stye, j in letters to local media and (!',.-;--4.i.....;4.0 '�' p ' ¢ `' have a good, open dialogue ¢y!.."` gretted if,. Turning the dead end stye posting signs across their ` 1 `yri '-a . t x_s -, .+� t 7=_! about all this,"Asher said. e jaurney The ci has to enforce the[ Its the type of neighborhood into a through-street may seeT>P g g $14. <1 #' r s ,:.8-,: neighborhood Their Little Bull i �< ., .. e r, y s ¢ - _ ;= t3' they always dreamed of.Neigh- like a small change,but neigh Mountain. Their Facebook „Cit. r�t -. I , _ - :* *` �4 y s >. -, -" code, Asher said; but there Y change very r•.� n _ ;_� � ,���. � boys meet regularly for tom- . hors say it will than c.the ver ._., _ may be other things it can do, =i From page Al Page,"Save Our Tigard Neigh �.. __ :_; , inanity picnics and get-togeth- fabric of their community. r g borhoods" shows photos of -; ..*, - .1:4-:-., :- ' ,, t t g -_ to maintain View Terraces? P _ _ community feel. -� prs,children ride their bicycles This is probably the most couldn't make it outtoTtlalatin, community celebrations on the -4. ..• - y `� -- comma ty up and down the street,and the serious thing we've faced in 37 F, ' � ' ., There are things that we the company ispayingforGidgeE's street, and details how the "'` �' '■ i'''� `�'i i `��" �- `' `-� - - " `f -��-� - � oer that( remains of a treehouse stand. years up here,"said Don Feller. -'. travel expenses.Her stay at the neighborhood would be de /• i,i i l ,' -=';i Li ! , .; 2,,,,... .„„,,.. ..., _Rj can do with the devel p in the limbs of e tree at the "We aren't going to have par,...,3 ', ( . '---v'�°r -s 'i , will frustrate or inhibit cut-" shelter also used money and re stroyed by the expansion. ,� - � `� 3,1 4UR tl�i�RR L, ` - road's dead-end.- ties in our little cul-de-sac,ki . oo sources;and a Good Samaritan But city planners say there .l' ;?0,,. 34 i r-' _ „ ; ,,„„HooDst u;' , through traffic or speeding,r It's the kind of neighborhood won't run around anymore T>� �t .,. :, Asher said. What are the out offered to frontEliatbill as well is little they can do.Rules are i!! i , _ r .-0r, _ _ , _ ? ; you want to raise your kids on. will separate people on..-'on: e ” ∎ 1 o . i) , , - .. _ comes that we care about. Its` PetLink felt there was no rules. III ! 1 , �' _w t . �� ,, i t° And they did.' side of the street from iii di other. way or Gidget to et "There are lots of street ''' -- = i'=` - - not as simple as we either want y g g j i i ° "'-'- .- "Noboiy leaves this neigh- er." home and wanted to make sure standards that tell us exactly I I I.---`- ....3.---s-e- xi w `-..,.„.7,.--.7 ''-'7 " k'= _-it to connect or not. The city y �''�- ma ,.{. _ �orhood unless they die,"said Since learning about the ex , „ ....a ..•ec+ eP r_ s-„-5 >'s f doesn't want anything, We, she was reunited with her fain when, where and under what -rte _- _ +� .. „�„ _ a Don Feller,walking M the mid- pansion in July,neighbors have Y g . conditions to connect streets' r - - :: --- _ , have the community's code,' le of the deserted street."Re launched a public relations ave -. ily, said Christina Pappas, a said t ;_ _ a - � Yom £ p • , :': ^° �: _ --. '7? - .fir - ��,� .� �, � p�� ,� _ , � that we administer.,'. , spokesperson for FetLink. said Kenny Asher, the city's �� F _ �;`a--� `.. , f � - " � K�' �� `� tile campaign g �• �- � -� all It's true." cam ai n a ainst the city,writ "They pulled together their community development direc _' ' - .x- -�1 McCarthy,the senior project But neighbors worry their 1. ,_ L " ti .:. engineer,lives two blocks from. partner Pet Travel and the shel tor."We'have policies in place idyllic neighborhood could be See TERRACE/Page A6 ter, and found a way to do it. to move toward a circulation �� � View Terrace on Southwest= - Pembrook Street, which was, This is afirst-time thing for us." system that has more connec - r�. •- , br 1 g '' �F extended to connect with 97th Upon her arrival in Philadel- lions." _:'�- �._���' >. . .- � ._. _.<� ��•w�_ . � --. _ _ phia at 10:30 p.m.EST on Tues- Under city code, dead-end TIMES PHOTO:JONATHAN HOUSE Avenue in the 1980s. clay,Gidget was greeted by her streets like View Terrace are Don and Mary Feller are leading a charge to stop a planned extension of their street for new development. McCarthy said it has man-- owners and Brian Zapach,the to be extended through when Neighbors liave u red an attorney and plan to fight the city if the plans go through. aged to retain its quiet asthetic. president of Data Mart Inc., development occurs. "I have young kids who play' PetLink's parent company.She "City employees have the "This makes us very uncom- School and Templeton Elemen- work with the city on possible in the front yard," McCarthy, made it home a couple weeks code,but they shouldn't be do- fortable,"Don Feller said."We tart'but there are no paths to solutions.The property owner said. "It's a nice street to live' shy of her eighth birthday. ing this across the board,"Don don't like being in an adver- get there. When the Fellers' submitted applications to the on. It connects right to the Zapach said that getting Feller said. "Look at other is- sarial role with a city that we daughter was growing up,she city earlier this schools, so we proba- Gidget home cost roughly the sues. One idea of connectivity have supported for all these would routinely cross a neigh- month, and once LL , lily see more people' equivalent of what a normal is to create neighborliness.We years." bor's property to get to schooL the permits are ap- We don t like going to and from the' plane ticket would cost, but already have that here,and it View Terrace has no shout- "One of the big complaints proved, residents Nino in an schools than View Ter- that reuniting Gidget with her will be destroyed if this street der or sidewalks.By extending we hear at the city a lot is that are expected to ap- race will." owner was worth it. goes through. It will tear our the road,neighbors worry that idea that you can't get there peal the decision to adversarial McCarthy estimated. "The owner is fantastic,"he neighborhood apart." speeding cars will become a from here,"said Tigard Senior the city's hearings role with a city that Pembrook Street= said. "We figured we'd help safety concern, especially for Planning Engineer Mike Mc- officer and the City sees a few hundred Not a bunch of curmudgeons that we have her out." g children. Carthy."There is a disconnect. Council. cars a day. Though Gidget's owner wanted The Fellers are wellknown "We don't want to come People have to drive to McDon- `We're making supported for `If we see a car ev-. . to remain anonymous,Wood said for their community service. across as a bunch of curmud- aid or Pacific Highway to get this up as we go ail these ery five minutes,that's she is grateful for all of the help Both are retired teachers from geons,"Mary Feller said."We anywhere." along,"Mary Fell- If a lot for us,"he said. • and support that's been shown. the Tigard-Tualatin School want to show people that there Neighbors have suggested a er said."We want years. It's unclear how ma-. The best thing to take away from District and for years were is a reason not to open the compromise,of sorts:Turn the to know what the — Don feller, ny cars will actually the situation,said Wood,is the prominent members`ofthe Ti- street.That's why we've gone dead-end into a proper cul-de- best arguments Tigard resident use Vie w Terrace if it importance of microchipping gard Historical Association. to all this.work." sac,with a bicycle and pedes- are. This isn't is connected to 97th.. pets.Had Gidget not been micro- In 2012,Mary Feller received View Terrace is far from per- trian walking path to 97th Av- something we can Asher said the city will chipped, finding her owners the city's"Exemplary Citizen" fect, however. The street is enue for school children. do on our own,this is a neigh- conduct a traffic study to deter- would have proved impossible. award,Tigard's highest honor. blocks from Twality Middle "That way kids can walk or borhood issue. mine how many drivers are bicycle down to school," Don likely to use the road. •_ --_-- - i Feller said."That's the kind of Open dialogue "I can see why they'd be con traffic that makes a communi- City officials and residents cerned,"McCarthy said,"but if ty,not cars." have met several times to dis- we want to have options and a Neighbors have pooled their cuss the extension,Asher said, place to go,you need streets that, money to hire an attorney to with some success. can connect to one another." _ _ WALL�; r, b ,/ EDGE Q EGINA - I ;• '/ - woc� Sr ST` r, o 1ON _ ' .; r J.-/ WEAVE `�� = __ . , ,-- _:__ - 27 ,g2ND T R 2 Pl; '- 28 'BtRAYDON C-�1' Fa�NN � `, _� 3 WATER .77 i � l 29 ;; -- 8TT ARTI�'f�'RCT, _ 4 BROOK I y« Ew c , 2 _RNDREWTER y ;JOHN - . 5 DUNE; .� , _ �l i30� _ - 30.HtLLVIEW ' I c - �6PENNY t T 1 �� ti O� - 1 :2� 1 �� MERLYNE�DEEAN4 K:90 i i , :Triii-Cr_ Y0Q w� WNITEOAKS+ w: REDOAKSiLN: ;` - �_ �� F _>a Irv. > COLONY !'CREE ANZEN' 1 � ROSE 4 'Q 1 , a K C^T g+ }..IELROSE BLACKOAKS 2.: .-.. -- yb - _ _ T • # CT - L•N�- i-=r' w (.1:1. �3 !MOUNTAIN' VIEW GREEIVSQARKAVE. FqN�, r' V scp t .f,` �, � �pf,: rq 1 r W - �� rr"=' 0. ` FAN = ..:.r r w I `.1 a" t r E - -r GREENS,WAR_D !tioc� � ..�s }y:. " *x �;���BlllEE -� �/IE1/4/,, � a a� ! _ __ - --- _ �` - �,p }--a. _ C7 s TEFL � i �-, ,, _ R*pUKLYiN+. °'rte ,F 1:.' { ,_ 4 ;Q( O_oK r G JIi EMBRK 51T Twalit ' < ' �' �ti --s3 -." -in '�'R1NEBROOK ; -- , ,-- -:Ei'G. GAROr! y r• a o� - -DR /'f-.- C: MURDOCK ST , iMARILYN° r 1 G't y � �� i-= , I CT .,Templetonl r #¢ C : .x ..-1Elementaryf �L sti, EILI MATTHE pARK< .t i N.: HOME¢S,T y t= r ; TRIUIE{W ' DAWN, , VYESTUI n IQ - 4 !sA11LrE - CT fit` S - ST -R aI a' �41a __ -1 _- STS +03.�� F--0 1 o=W i--ifili . x r -cc aCa Vi OAKS'1!N - '_ fkY �W,, ! 0 COl�F1AN LN BRAEBURN tL -'-' `� :90,7.- �'. 1--t ' t�3 �__ s _ �D - Y m, Q,m' - itoc :7,. `:_- t . DNORFOLK`1!N. ► iDE R 1 ,g LC►DI L;. '- i _...BELLFLOWER - • ON -- } 4 r — �.�-" . I 7. .etc �i -t . - 7VENS3iEIN„LN` Traffic Volume/Speed Data after Street Connections .1' o Street Connection Connection Before/After Location Date Daily Median 85% Speed Date Volume Speed (mph) Mountain 97th to 93rd 2006 After East of 97th 10/3/2008 1 6 24 View Ln Mountain 97th to 93rd 2006 After East of 97th 5/19/06 64 21 View Ln Pembrook St 100th to 97th 1970s After West of 9/23/14 99 20 24 97th Pembrook St 100th to 97th 1970s After West of 2/19/99 133 23 26 97th Pihas St 95th to 98th 2003 After West of 4/22/05 110 24 95th Ci-„9\e, 88th Ave Lady Apple to 2006 After North of 8/17/09 (57) 27 1 p00 Sattler Reiling Harcourt Terr Applewood to 1999 After Between 3/13/12 06 24 Durham Rd Greening \—____ J and Hamlet Kable St Hoodview to 2000 Before East of 7/18/95 395 21 25 �� 109th 100th / , Kable St Hoodview to 2000 After West of 7/11/2000 594) 23 28 109th Hoodview �' Lady Marion 103rd to 109th 2000 After West of 10/6/2000 226 Dr 103rd r ,. . . .. . ...„,,,„::::,,„,:„..„,,,:,„,:„:,„,„„:,,,,,„:.;‘,,,,,,„„„.. .,,,:,,..„,,.,,,„.„ _ . , . ... .. , .., ,, . , Tigard officials say 0 for city,S�. � 0 code S ince July 2014,I have via View Terrace,our dead been researching Ti COMMUNITY end street Terrace,a years.de d- gard City Planning 4F this would require exceptions Code to find a way for :';"44;54 the Planning Department to Mary Feller to two city codes:18.810.040.B (block size);and Code continue to honor the 70-year- 18.810.030.L.2(length of dead old street history of View Ter- newer dead-end streets,pri- was an exception granted to end street). race(off 100th)as a dead-end vate streets and public roads Code 18.810.040.B.A block size The city would not be set- street.It is the only street in ending in a cul-de-sac.I re- cannot be larger than 2,000 ting a precedent since it has our neighborhood called Inge- quested all of the development feet Ed ewood Phase Two's already done so. r should brand Heights,a community plans for Gertz Fin Homes at bloc3It ia'6;695 feWii was our beautiful,his . -4 of 12 homes. McDonald Woods and Edge argu�et the=land use hearing borhood;Ingebrand e In four meetings with the wood'Street from Tigard City de at allowed this developed 1958 0'.wq t Planning Department and Records.Such documents are it fi, 0W:6-stand because - ed with,afy"lesgrespect:; 9 air Public Works Department,we public records. --earlier land development did newer subdivisions.> the neighbors of Ingebrand By reading the records,it not have through streets.(See We want our unique neigh- Heights were always told became very clear how care- note about private roads,etc. borhood to be preserved for "No."The reason we were giv- fully the two developments in McDonald Woods and Edge- future generations who would en for this"no"was that the were crafted,like pieces of a wood.Phase One). alipreciate a mid-20th century Tigard Community Develop- puzzle.Once the puzzle pieces It was a careful puzzle con- home on a generous-sized'lot, ment code did not allow dead- two private roads(Code strutted'under the auspicious who want a quiet neighbor- end streets,private streets or 18.705.030.H and I)and paying of LanPacific. hood where the side-set-back even cul-de-sacs. a fee instead of developing We are asking the city to for a home is many feet more ligik The concept of community 93rd Avenue—of McDonald grant Mike Mitchell a cul-de- than today's five feet. - development's"connectivity" Woods were in place,10 sac subdivision of five new New has its place,but so ,;;<..�t 6.,,..y, was the basis for pressing View months later Edgewood Phase homes off 97th Avenue.Three does the old and venerated ,tN Terrace through to 97th'Ave- One could get a private road of the homes would be on a <v`::,:;€;'•: nue.Many concepts are con because of the lack of a public cul-de-sac that would access Mary Feller is a Tigard resident :`4 1 tamed in the code of"connectiv- 'road in McDonald Woods. 4_ 1, ity other than vehicle traffic! Both Braydon Court of Mc- - %1:4„ Their no puzzled me be Donald Woods and 90th Ave- Get on your soapbox Rua r• cause all around us are dead- nue of Edgewood Phase Two _ I '' end streets,private streets were granted exception to The Times offers a Soapbox to stand on every week on the 4...�, and public streets with a eul- Code 18.810.030.L2,which states Opinion page.The Soapbox is a guest column written by an ;:.:::::to on any local issue of public interest They should he no toff:. - Y.,.. de-sae,"inany only recently ap- cul-de-sac streets cannot be ,.�_; proved. longer than 150 feet.Braydon 800 words(about three double spaced typewritten pagesi M1 I felt I needed to investigate Court is 246 feet long and 90th and should include the signature,the address and the pho he c - a subdivision in order to.un Avenue is 299 feet long. berof the writer.c soapboxes are due Mondays at noon,and they can r derstand why they have much The final piece of the puzzle be emailed to elent @cornrnnewspapers.corn, ~xv TheTimes Thursday,September 11,� should Tigard sho 1 ., revisit definition connectivity' of henmy husband and I were look- W ing for a place to relocate our by Aly Pierce young family,there were sev- eral items on our wish list. afternoon,I was on a walk. jeopardy.What would making Topping the list,right be- with my children,and I found View Terrace a through hind good schools,was a safe him curled up on the median street mean for my children's street.We hailed from North- on the side of the road.He safety?How would it effect east Portland,right off of Al- was wet,and looked like he the crime rate,the condition berta Street.White:we loved had been there for a few days. of our road,and noise levels? the culture and lifestyle of I was furious with our busy This street has been a dead- the Alberta Arts District,the streets and devastated that end for nearly 70 years,and street we lived on was becom- he didn't get to experience now it is being threatened. ing increasingly dangerous our quiet street and safety The ironic thing to me is for our 3-year-old and that comes with a dead-end their usage of the term"con- 11-month-old.I was terrified street. nectivity."To the city of Ti- that they would become a ca- Right after we moved in, gard,they see a benefit in do- sualty of the speeding vehi- there was an outpouring of ing away with all dead-end ties that frequented our hospitality from my neigh- streets,changing traffic flow street,which turned me into bors.People brought us pro- I just moved from a one of those"helicopter duce from their gardens,eggs through street where cars moms"that you read about in from their chickens,offered would sail past my house at parenting magazines. to have us over for beers,and -what seemed like,60 mph`.To Never did I think that we'd flagged us down,just to say me,this is not an improve - be moving out to Tigard,but "Hi."I had never experienced - ment,but a safety hazard and that is exactly what hap- anything like it. a menace. pened. Another amazing aspect of The definition of connectiv- One day,I saw the listing our new street?Nearly every ity is:"The state or extent of for a beautifully maintained house on View Terrace is in- being connected or intercon- 1960 home on a third an by md."If , acre.It was quite an upgrade of been here habited since failies our houses that have residnetteents of you View ask me Terrace the ex- from our 4,000-square-foot lot were built in the early 1960s. emplifgthe definition of con- that we inhabited in our pop- Our neighbor,Dean,grew up nectivity'every clay.Every ular Northeast neighborhood. in his house,and then raised year,they host street parties, It wasn't until I saw that it his own family in that same and they have all been to was advertised on a dead-end house. each other's children's wed- street,View Terrace,that I This was exactly the kind dings.They reach out gener- immediately called our Real- of street I dreamed of living ously to the new neighbors of tor to get in for a showing on for the next 30-plus years the street,encouragingcon- that next morning.A day lat- of my life. = nectivity between all Otis. er,on the eve of Mother's A few weeks after we Dead-end streets and cut 4 kti`S i. Day,the house became ours.I moved in,and the reason for de-sacs encourage connectev �5 V.::'• had visions of my kids frol- this letter,I discovered an ug- ity,not busy streets with peon R icking on the rolling green ly truth that was brewing pie who are in a hurry to get.'0-..::: hill that was now our front down at the city of Tigard. somewhere. '?•..l• yard.In my mind,it was a Apparently,they are adver- Please help us by telling '; scene out of the"Sound of tising a term they have clev- the city of Tigard that this Music." erly coined,"Connectivity." plan is not an improvement to Sadly,a week before we Their goal is to do away--with our neighborhoods. moved,our beloved cat, dead-end streets and cul-de Boots,was hit by a car and sacs,increasing traffic flow. .41y Pierce is a mother of two V i killed just two streets from I couldn't believe that the children whose family lives in our old house.He had been main reason why we pur- the View Terrace neighborhood ` ' missing for many days.One chased this house was now in of Tigard. `' ____. __...„.....,_....,,.a, Save our Tigard neighborhoods NV e, the neigh- COMMUNITY ®ril 11On there is no connectivity,not bars Of the Ill- pedestrian,not bicycle and gebrand Ma and Don Feller not even vehicle connections. Mary Ingebrand Heights is a Heights neighborhood historic neighborhood where on View Terrace off been a dead-end street for that connectivity means con- some of us have lived and sup- 100th Avenue, are more nearly 70 years. netting every street possible. ported and served the city of than a bit upset at re- Why?Because we are told Among other portions of Tigard since it became a city cent discussions with the city no longer allows the plan,it calls for"connect- in 1962.Many of us have lived dead-end streets,cul-de-sacs ing pedestrian and bicycle" here for decades. the city Of Tigard plan- or • private streets! connections,not just vehicles! Please do not allow the city ,,,,,;,,,,,,,I: 't ning process on Aug. 26. If that is indeed the plan, What has long been needed planners to destroy the safety,';:;," We feel Tigard citizens the city is enforcing the code on our street is just such an and tranquility of View Ter ',-;-;.-:.-::,1.:-,..,:-.;:i.-:-:: ,.:,.,{ need to know the facts of what on an obviously selective ba- opening at the lower end of race off 100th Avenue as it , is currently transpiring with sis.Less than a half-mile from View Terrace so that especial- yields no improvement in . '? i regard to neighborhood our neighborhood is the Gertz ly school children as well as traffic. Instead,support the streets. Fine Homes development off adults and bicycles can safely developer's plan to include A developer of property be McDonald and Edgewood move from 100th Avenue to true connectivity by demand F` ; -0 low the dead-end of our View streets.There are numerous 97th Avenue and 96th Avenue, ing pedestrian and bicycle ac ; Terrace told our neighbor- dead-end streets,two private where two Tigard schools are cess from our street to 97th `gym.:;:: hood that he wishes to build streets and a cul-de-sac.This located.As a neighborhood, Avenue,and not force more .1:1-0.k:41 five new homes with a cul-de was all developed since the we are fully in favor of such vehicle traffic on to the s sac. The developer was told adoption of the city's current access. streets of our schools Eti that the city demands that plan. It is obviously vital that our $��� a>< '. View Terrace must be become We were told at our Aug.26 elected city officials are aware Mary Feller has been a Tigard res ' 0;; : a through street from 100th to meeting that the street code of the facts concerning the ident for 49 years.She received Ti t 97th Avenue. dates from 1998,yet the Edge- planning department's highly gard's Exemplary Citizenship ;:,;:( We were told the exact same wood,phase two of the Gertz flexible interpretation of the Award for 2012 and has been ac p . thing by the city planners at Fine Homes development city's plan.In the case of the tive in the Tigard Historical Asso our meeting on Aug.26. dates from 2012. Gerz development,if the city's ciation for nearly 30 years,retir The developer is now de- What is connectivity?This interpretation of connectivity ing as its president.Don Feller has vied his cul-de-sac,and we new word is the primary argu- is true,then who or what in been Tigard resident since 1963 ;-. face a future down-hill traf- ment of the city planners.We fluenced the variances and having served the Tigard school `'`'.. fic raceway on what has and the developer were told cobbled street results where system for 26 years 'i , xa 4' . : Christine Moore Caitlin Feldman Jonathan House Deanie Bush Cini raemer ` .,::%,-,-,,.: Of PUBLISHER/ (CI I OR!fit Ii L\1I- PHows TIGARD/KING CLIP SALES c 110 ULATION i'bY ADVERTISING D1RECrOR 503-546-0748 503-546-0746 503-546-0773 PRomoT1DN MANAGER iH [. 503-546-0771 de!dcnona'commnewspupers.con ihousosg'commnewspopers.cor dbush? rommnewspopers.corn 503-546--9816 cmoore @commnewspopers.corn gkraemer@commnowspapors.rom is Christina Lent Dan Brood Don Atwell Deb Steiger Mindy Johnson -Yt MANAGING EDITOR SI'ORTS COMMERCIAL PRINTING TUAIAI1NlSHE'RWOO1 (:1.AS51FIEn SA1nS ` `-�. 503-546-0735 503-546-0734 503-492-5132 503-546-0778 503-546-0760 clout @commnewspopors.com dbrood @commnewspnpers.corn dotwellammmno'wspnperesxon' ds!eigergkommnewspapers.corn mjohnson©commnewspupers.cam Tit,. '. Geoff Pursinger Jaime Valdez Kim Stephens Charlotte Allsop "is REPORTER TLGARn 1110105 CIRCULAf"ION MANAGER ACCOUN I7NG IDIANA[,1ER 503-546-0744 503-546-0732 503-546.4818 503-546-0751 4 ' gpursinger @commnewspapers.com jvo!dei @commnowspapers.com kstepheon'ttmmmnewspapers.com col!sogcommnewspapers.corn t' • - S -AA (Li Sesi - AIS-1951 A. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 30 Minutes Agenda Title: City Manager Evaluation Format Submitted By: Dana Bennett, City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Initiating the City Manager's Annual Performance Evaluation Process. STAFF RECOMMENDATION / ACTION REQUEST Council to determine the performance criteria,process and evaluator list for the City Manager's 2014 evaluation process. KEY FACTS AND INFORMATION SUMMARY See attached memo to Council regarding the prior year's process. Also attached is a blank copy of the prior year's evaluation tool and a draft 2014 evaluation tool for Council consideration. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Memo to Council Evaluation Form from 2013 Evaluation Form Draft 2014 III " City of Tigard TIGARD Memorandum To: Mayor and City Council From: Dana Bennett, Human Resources Director Re: City Manager Annual Performance Review Date: November 13, 2014 In accordance with the Employment Agreement for City Manager Marty Wine, the City Council is required to conduct an annual performance review in December 2014. The first step to be taken by Council is to decide on the criteria and process to be used for the evaluation. This is scheduled for your November 25th meeting, during a study session. On December 9, 2013, during a business meeting, the Council will request public input on the criteria and process that has been selected, as required by employment law for public employees. Finally, the performance review has been moved to the January 13, 2015 meeting due in part to the cancelation of the December 23rd meeting and the already heavily booked December 16th meeting. Last year's performance review of the City Manager included the following process/steps: 1) The City Council decided to have both the council and other evaluators complete a written performance review of the City Manager for the prior 12 month period. The Council approved a review form to be used and a list of raters/evaluators. A copy of the completed final review is attached. The format that was used by external evaluators was a set of questions, as the external evaluators would not have the benefit or opportunity of observing internal operations. The questions included 1-What strengths do you feel that Marty Wine brings to her position as City Manager of Tigard; 2-What opportunities for improvement in the performance of her job would you suggest; and 3-If you provided an evaluation for Marty last year, what changes have you seen during this last 12 month period. 2) The Human Resources Director coordinated the distribution of forms to all raters. 3) The Human Resources Director received all completed review forms and collated ratings and comments into two final documents: one that incorporated all City Council comments and ratings, and a second which incorporated all ratings and comments from the other evaluators. The information was transferred without reference to the rater's name, and each category/criteria was assigned an average score. 4) Both documents were submitted to the Council for their review prior to the date of the performance review of the City Manager. 5) If there were no further changes, both documents were provided to the City Manager prior to the actual review. 6) A performance review was conducted for the City Manager with the City Council in an Executive Session. The other evaluators who provided input for last year's evaluation,in addition to City Council included: External Partners: Randy Ealy (City of Beaverton, Chief Administrative Officer),Joel Rubin (CFM Strategic Communications Inc.,VP Federal Affairs), Mike Duyck (TVFR, Fire Chief),Joel Komarek (City of Lake Oswego,LO-Tigard Water Project), David Donaldson (City of Lake Oswego, Asst. City Manager) Department Directors: Toby LaFrance (Finance and IT Director), Dennis Koellermeier (LO-Tigard Water Project Director), Margaret Barnes (Library Director), Chief Orr (Chief of Police), Liz Newton (Assistant CM) Other Staff: Joanne Bengtson (Exec. Assistant to the CM), Loreen Mills (Assistant to the CM) and Sandy Zodrow(HR Director) Last year's evaluators from outside of the organization were not able to provide much feedback on their reviews. The City Manager has suggested that the list of other evaluators for this year's review be revised to include: Department Directors, Other Staff and Tim Ramis (City Attorney) Based upon some Council feedback regarding last year's tool, a new tool has been drafted that continues many of the same performance dimensions, but is more condensed and easier to use. A copy of the 2014 City Manager Goals, that were established as a result of the Council's 2013 performance review and feedback, have been built into a draft evaluation tool that will be before Council, to measure the City Manager's performance against the stated goals and objectives The issues before the City Council for your November 25th meeting are: 1) What criteria does the Council wish to include in the review document (a draft tool is attached for your consideration) 2) What process do you want to use to collect this information (any changes from last year) 3) Who do you want to include for this year's evaluator list (any changes from last year) I will be there at the meeting to assist in any way I can. Thank you Council Appraisal of City Manager City of Tigard City Manager: Date: City Councilor: Mayor& Council Appraisal SECTION I: PERFORMANCE MEASUREMENT CRITERIA Please designate a rating in the appropriate box for each item, and include examples and comments which support the rating. Administrative Ability Planning: Ability to anticipate and analyze problems. Maps effective solutions. Exceeds ❑ Fully Effective El Developing ❑ Needs Improvement ❑ Comments: Organizing: Ability to arrange work and efficiently apply resources.Recognizes opportunities for management and operational efficiencies. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Timing- Opportunist: Makes decisions when sufficient information is available. Exceeds ❑ Fully Effective ❑ Developing El Needs Improvement ❑ Comments: Analytical: In making decisions considers the best available facts,projections,and evidence. To the extent that resources permit,insures that these tools are available. Exceeds ❑ Fully Effective El Developing El Needs Improvement ❑ Comments: Job Knowledge: Has a solid understanding of all phases and departments of municipal government. Exceeds El Fully Effective ❑ Developing El Needs Improvement ❑ Comments: Personnel Functions Supervision: Builds and motivates a team,provides direction,monitors and adjusts performances as necessary. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Delegation: Effectively assigns work to others to get City business done efficiently. Exceeds ❑ Fully Effective ❑ Developing El Needs Improvement ❑ Comments: Communication with Employees: Listens to employees and openly communicates in order to provide sufficient information to keep the employees motivated and part of the team. Understands their concerns. Exceeds El Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Hiring: Recognizes the value of excellent employees and hires and maintains available staff. Exceeds ❑ Fully Effective ❑ Developing El Needs Improvement ❑ Comments: Labor Relations: Understands contract negotiations and contract administration.Equitably handles problems of grievances among subordinate employees. Exceeds El Fully Effective El Developing El Needs Improvement ❑ Comments: Leadership: Motivates,encourages and seeks to develop skills and abilities in staff. Sets the standard for performance accountability by example. . Exceeds El Fully Effective El Developing El Needs Improvement ❑ Comments: Collaboration Skills: Builds collaborative trust with staff. Treats staff with respect. Exceeds ❑ Fully Effective El Developing ❑ Needs Improvement El Comments: Risk Management: Implements effective programs to limit liability and loss. Exceeds El Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Page 2 of 10 Budget and Finance Financial Management: Accurately and concisely reports and projects the financial condition. Management practices and policies are designed to maintain or achieve a sound long-range fmancial condition. Uses debt cautiously,plans for the long-term replacement and maintenance of equipment and infrastructure. Exceeds ❑ Fully Effective ❑ Developing El Needs Improvement ❑ Comments: Operational Efficiency: Obtains the best possible end result for the money spent.Monitors efficiency service improvement and effectiveness for all programs.Most economical utilization of manpower, materials and machinery. Exceeds El Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Community Relations Public Service: Commitment to the service of the public. Recognizes and respects the value of public service. Projects a positive image of the City. Exceeds ❑ Fully Effective El Developing ❑ Needs Improvement El Comments: Forges Compromises: Has the ability to resolve conflicts with little or no assistance from outside sources. Is a good negotiator.Is credible and builds trust in the community. Exceeds El Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Sensitivity: Listens and understands the positions and circumstances of others. Communicates that understanding. Exceeds El Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Communication with the Public: Approachable and responsive to the public and takes their concerns and problems seriously,regardless of how insignificant the questions or complaints seem to be.Is able to represent Council at community events and forums.Pursues an outreach style of management as a spokesperson for city issues. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Public Involvement: Involves citizens in city issues and programs. Provides link between the Council and business community. Exceeds ❑ Fully Effective El Developing ❑ Needs Improvement El Comments: Media Relations: Develops effective relationships and positive image with public/media.Is able to accurately articulate City Council and community goals. Exceeds ❑ Fully Effective ❑ Developing El Needs Improvement El Comments: Page 3 of 10 Relation with Council Communication with Council: Accurately interprets the direction given by the Council. Provides Council with well informed concise oral and written communication. Exceeds ❑ Fully Effective El Developing El Needs Improvement ❑ Comments: Accepts Direction: Aggressively responds to the direction of the majority of the Council. Not sidetracked to the minority but recognizes their concerns. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Research: Prepares fully researched materials for Council action including alternatives and recommendations. Analyzes issues and presents policy alternatives to Council with documented justified recommendations. Assures that material is concise and easily understandable. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Intergovernmental Relations Develop Relations: Develops good working relationships with other local,county,regional,state and federal agencies. Exceeds ❑ Fully Effective ❑ Developing El Needs Improvement El Comments: Representative: Effectively represents the City on commissions,boards,and committees. Exceeds El Fully Effective El Developing ❑ Needs Improvement ❑ Comments: Resource Developer: Exerts appropriate influence on decisions affecting Tigard from other agencies, gaining resources to benefit the City.Has basic understanding of federal and state grants and appropriations. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement El Comments: Interpersonal Skills Creativity: Implements effective and creative solutions to resolve City problems. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement El Comments: Honest, Fair: Consistently demonstrates integrity and honesty,straightforward and impartial. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Page 4 of 10 Adaptable: Responds positively to a changing work environment and changing local conditions. Does not cling to the status quo for its own sake. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Resilient: Energy and motivation maintained in spite of constant demands. Handles stress well. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Ethical: Conforms to the high standards of the profession. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Professional Development: Takes action to acquire new knowledge and skills. Encourages employees to do the same. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Judgment: Thinks logistically and utilizes independent thought to make sound decisions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Economic Growth Economic Development: Identifies and helps Council create conditions which foster economic development. Understands importance of,and knowledge of factors and methods for,maintaining existing businesses,as well as recruiting new ones. Recognizes relationship of local economy to region and beyond. Develops policies and guidelines to reasonably allocate costs of public improvements and services related to economic development between the public and private sectors. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement Comments: CITY WIDE CORE VALUES The City of Tigard is dedicated to setting the standard for service excellence. To that end, the organization is committed to job performance behaviors that demonstrate the City of Tigard's reputational values. Those values are: • Get It Done • Do the Right Thing • Respect and Care Please provide a rating and appropriate supportive narrative in each of the Core Values that reflects how the employee incorporates these values into their daily work, or where they need to expend greater effort to demonstrate these values in their job. Page 5of10 GET IT DONE: Means that we will go the extra mile to exceed people's expectations; meet or beat deadlines; establish clear expectations and timelines so that there are no misunderstandings; offer to help when we see the need; and keep people informed of progress and steps to completion DEVELOPMENT NEEDED SUCCESSFUL EMPLOYEE EXCEPTIONAL PERFORMANCE COMMENTS: Explain how the employee is meeting or not meeting the specific performance expectations in this area. DO THE RIGHT THING: Means that we will focus on solutions, not excuses; if we see a problem we will own it until we take care of it or until we can find the right person to handle it; find opportunities to say"yes" versus "no"; be proactive, rather than waiting for something to become a problem; and look for options and alternative ways to solve problems. DEVELOPMENT NEEDED SUCCESSFUL EMPLOYEE EXCEPTIONAL PERFORMANCE COMMENTS: Explain how the employee is meeting or not meeting the specific performance expectations in this area. RESPECT AND CARE: Means that we will treat people well; welcome suggestions and diverse points of view; greet each other and the customers with a smile and a friendly tone; build collaborative and cooperative relationships with others; treat them with respect; and say thank you. DEVELOPMENT NEEDED SUCCESSFUL EMPLOYEE EXCEPTIONAL PERFORMANCE COMMENTS: Explain how the employee is meeting or not meeting the specific performance expectations in this area Page 6 of 10 SECTION II: ESTABLISHMENT OF GOALS & OUTCOMES FOR UPCOMING RATING PERIOD Outline the goals for the upcoming period and the desired outcomes. The City Manager's goals should be related to the Community goals. The City Manager goal may include a new project or may include a goal that is an ongoing fundamental portion of the position. Any number of goals may be set. The desired outcome is the standard against which performance will be measured. These should be specific and measurable including timeframes. Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Page 7 of 10 Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: Dept/City Goal: Individual Goal: Desired Outcome: SECTION III: COUNCIL'S SUMMARY COMMENTS The following is an overall performance rating for the City Manager,recommended action by the Council, and sign off. The City Manger's signature does not necessarily mean that the City Manager agrees with the rating, only that the evaluation process has taken place. Summary Comments: Page 8 of 10 Overall Rating(check one): Exceeds: Exceeds expectations in all or majority of categories. n Fully Effective: Meets expectations in all categories(may exceed in some) Developing: does not meet expectations in one or more category Needs Improvement: Does not meet expectations in majority of categories I 1 City Manager's Signature Date Mayor's Signature Date Page 9 of 10 Page 10 of 10 CITY OF TIGARD CITY MANAGER PERFORMANCE EVALUATION Review period: January 2014- December 2014 I. In completing this evaluation,please consider the Citywide core values adopted to set the standard for service excellence at the City of Tigard("Get it Done", "Do the Right Thing",and"Respect and Care"). Please use the following criteria: 4 =Exceeds Expectations;3 =Fully Effective;2 =Developing; 1 =Needs Improvement; NA =Not applicable (have not observed this area during the evaluation period). PERFORMANCE ASSESSMENT II. Evaluate and discuss the City Manager's overall job performance in achievement of the GOALS set for the current review period. Base your evaluation upon the job requirements,achievement of the goals established during the past review period,and your assessment of the City Manager's accomplishments. 1. GOAL 1-Economic Development a. Establish an ED strategy so Tigard is organized to support developing the local economy b. Set up staff resources to carryout and support the strategy c. Engage a community committee or group to help with and carryout the strategy d. Create transportation connections by continuing to pursue Ash Avenue rail crossing e. Downtown Tigard and Urban Renewal District f. Advance plaza development through property acquisition g. Pursue a housing redevelopment project h. Pursue a retail and mixed-use project i. Create a bike/pedestrian connection with Tigard Triangle RATING: NA 1 2 3 4 2. GOAL 2-Financial Stability: build the city's financial reserves a. Work with employees to establish "fair share" benefit contribution b. Defer or delay projects or find more efficient ways to do business c. Pursue local option levy in spring of 2014 d. Find creative solutions to increase revenues e. Plan for Growth:River Terrace Community Plan substantially complete,bring entitlement/zoning decisions to Council as soon as possible (in calendar year 2013 if possible);communication with annexing residents to understand service desires f. Community recreation:find financing to support increasing recreation capacity in Tigard RATING: NA 1 2 3 4 � 1 3. GOAL 3-LO-Tigard Water Partnership: continue to build partnership relationships and keep current sources and project on track RATING: NA 1 2 3 4 4. GOAL 4-Community Engagement: develop venues to meet with the public quarterly to gather input on key issues facing the City, including: a. Annexation b. Transportation/HCT RATING: NA 1 2 3 4 5. GOAL 5-State and Regional Relations a. Effectively represent Tigard on revenue reform issues in 2013 b. Work with neighboring jurisdictions to advance joint transportation and economic development goals at the state and federal level RATING: NA 1 2 3 4 12 III.Evaluate and discuss the City Manager's job performance for the current review period.Please provide specific examples to support your assessment/evaluation. Consider the City Manager's performance in the following areas. a. Administrative Ability/Professional Skills including planning,organizing,time management,decision- making,and organizational/strategic thinking RATING: NA 1 2 3 4 b. Personnel Functions including supervision,delegation,labor relations,and leadership/management style RATING: NA 1 2 3 4 c. Budget and Finance including financial management and operational efficiency RATING: NA 1 2 3 4 d. Community Relations including public service,sensitivity,public involvement,and media relations RATING: NA 1 2 3 4 e. Intergovernmental Relations including representation and developing resources RATING: NA 1 2 3 4 f. Interpersonal Skills/Individual Characteristics including professionalism,creativity,ethics,and adaptability RATING: NA 1 2 3 4 g. Communications including community/public,employees,and Council RATING: NA 1 2 3 4 h. Economic Growth & Development including strategy,vision and community engagement RATING: NA 1 2 3 4 ADDITIONAL COMMENTS (OPTIONAL) I3 IV. Are there areas of exceptional performance that should be particularly noted?Provide specific examples. V. Are there areas of performance needing more attention or improvement?Provide specific examples. ESTABLISHMENT OF GOALS FOR UPCOMING RATING PERIOD List and discuss your expectations and suggested goals for the City Manager for the upcoming performance evaluation period. Goals should be: (1) related to community goals, (2) may include new projects or ongoing fundamental portions of the position,and(3) should include specific measures including outcomes and timeframes. ADDITIONAL COMMENTS (OPTIONAL) Please provide any additional comments on the City Manager's performance review in the space provided here. 4 c7L14 (IV Bess,• o►' AIS-1963 B. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 15 Minutes Agenda Title: Summary of October Council Town Hall Meetings Prepared For: Marty Wine,City Management Submitted By: Carol Krager,City Management Item Type: Update, Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE The City Council held individual town hall meetings in October to seek the input of Tigard residents. Suggested topics for the discussion included marijuana regulations,and the City Council's upcoming policy discussions about Tigard's Street Maintenance Fee. City Council will receive a comprehensive update on medical marijuana on at the November 25, 2014 Council meeting. STAFF RECOMMENDATION / ACTION REQUEST The City Council is requested to discuss the feedback received at individual meetings and suggest ways it can be incorporated into future decisions. KEY FACTS AND INFORMATION SUMMARY The city advertised five town hall dates to solicit input on Medical Marijuana and Street Maintenance Fee topics. 25 people attended the five town hall meetings which were held on October 2 (Mayor Cook),October 7 (Councilor Snider),October 9 (Council President Henderson),October 11 (Councilor Woodard),and October 16 (Councilor Buehner). In addition to the suggested topics,residents raised issues related to transportation,recreation and parks, Urban Growth Boundary and nine other general information topics. OTHER ALTERNATIVES The City Council could choose to seek additional input about various topics of interest at meetings and using other communication tools. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS One of the City Council's 2014 goals is to continue 3-4 quarterly open forums to engage residents/neighborhood groups. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments October Town Hall Comments All Comments Compiled from Council's 1x10 events Medical Marijuana General • Request for an overview to understand what it was about, interested in knowing what the city's stance is. (1 person's comment) • The statewide ballot measure seemed to allow both medical and recreational marijuana. Are there any committees or people in the city working on this? (1 person) • Improve the wording in the measure;close loopholes (1 person) • The federal government needs to change their rules so Oregon citizens are not at odds with federal regulations. (1 person) • Can we declare Tigard a dry city? (1 person) Operations: • OHA has done a very good job with the regulations and they are supportive of appropriate dispensary operation. (1 person) • Are there are currently warehouses in Tigard where medical marijuana is being grown? (1 person) • Support limits on hours of operation. (1 person) • Given the regulations about where relative to schools and residential areas,will there be only one in the city of Tigard? (1 person) • Marijuana should be dispensed from a pharmacy only-- just like drugs. (2 people) • How will legalization of recreational marijuana relate to establishments such as bars? (1 person) • In favor of waiting awhile and watching how Washington and Colorado handle legalization. (1 person) • Does TVF&R receive a lot of medical calls due to marijuana? (1 person) TVF&R responded no, danger comes from fire events in labs preparing infused products such as oils. Location • Use land use regulations to restrict locations. (1 person) • Needs to be more than a 1,000 foot buffer between dispensary and a school or where children are present. (2 people) • Medical dispensaries okay in residential areas to provide accessibility,but doesn't want recreational in residential. (2 people) • Should stay in the business/industrial district and should not be near schools. (5 people) • Medical dispensaries shouldn't be in high traffic areas or near parks when people are going to be under the influence. (2 people) • Request map on city website showing locations where dispensaries would be allowed under OHA rules. (1 person) • Smoking parlors are offensive and would like the city to require facilities to put money into making the facility look nice and improve security features. (2 people) Sales • Will tax revenue be earmarked) (1 person) • Can shops sell both recreational and medical marijuana; can product be delivered to buyers? (1 person) • Figure out if there would be enough use to bring in adequate taxes. (1 person) • Demand that packaging be changed so it is not attractive to kids. (2 people) 1x10 Comments from October Town Halls 1 • Okay with medical dispensaries, shouldn't be combined with recreational dispensaries. (1 person) • Revenue should go into the general fund as it is hard to predict where the monies are going to be needed in five years. (1 person) • Not in favor of using revenue to support social services. (1 person) • Pictured marijuana as coordinated and controlled by the State like the OLCC (2 people) • Regarding THC content in medical vs. recreational marijuana- research marijuana smoking fine structure established in Ann Arbor,MI. (1 person) • Can revenue from marijuana tax go towards street maintenance? (1 person) • Skip reaching out to Colorado;talk to Vancouver,WA when looking at challenges faced by cities. (1 person) 1x10 Comments from October Town Halls 2 Street Maintenance Fee General • Not much input on this issue from participants. • All citizens agreed things have improved. (3 people) • What about the vehicle registration fee in Washington County- will it fund local roads? (1 person) • not sustainable to keep increasing taxes (1 person) • Resident wants to give input on transportation projects (1 person) What would you change? • Should be funded by ODOT(1 person) • Find another way to obtain outside help from outside people breaking down our roads. (1 person) • The city should take charge of all of it. (1 person) • City needs to change its mindset- why can't we maintain our streets with fewer dollars? We should be able to use technology or recycled materials to lower road costs. (1 person) Rate • Split should be reversed (business fund 2/3 and residents fund 1/3). (1 person) • Would vote for a fee increase if there was accountability(1 person) • Make the change a phased-in implementation so businesses can plan. (1 person) • Suggested increasing the fee with COLAs;doesn't make sense to tax residents more for commuters. (1 person) • Is the foreseeable level of income from the fee adequate? (1 person) • When was the last time the fee was raised? Residents agreed it needed to increase. (4 people) What its used for • Asked if the entire amount goes towards street maintenance. (1 person) • How would the city deal with new streets, old streets, how the federal gas tax has not kept up with inflation? (1 person) • City take care of the right-of-way and lien properties (1 person) • Discussed McDonald/Gaarde,use of street maintenance for right of way maintenance,and tax compression. (1 person) Other Comments from attendees... Transportation • Concern for the high capacity transit (H(.;1) publicity providing a fair amount of misinformation and requested clarity on the issues. Concerned with spending millions of dollars now when the HCT isn't going to be in place for another 20 years. (2 people) • Suggested the city send communication to the public about the city's plan on HCT,population growth, and density. (1 person) • Suggested a high gas tax to encourage less driving. (1 person) • Want more sidewalks in the city and suggested people should be able to trek for miles without running out of sidewalks. (2 people) • Mentioned open ditches near Oak Street in Metzger where there are no sidewalks. The road caves in due to heavy use of turning vehicles on 71"and Oak(behind Fred Meyer) (1 person) • Suggested a safe walkway be built to get to downtown without having to cross 99W. (1 person) 1x10 Comments from October Town Halls 3 • Observations on the design of Main Street Green Street. The pinching, lack of striping and more curves have the effect of slowing down vehicles. (1 person) • Is it possible on narrow residential streets to add a curb but no sidewalk? (1 person) • A suggestion was made to at least have sidewalks on one side of a street to increase safe walkability. It may be too costly to put them on both sides. (1 person) • What about the Walnut/DerryDell boardwalk- cost,etc.? (1 person) Recreation/Parks • City needs to provide more parks for residences and the city needs to keep the city looking nicer,cleaner (weeds,tree line trimmed, aesthetics),feel better which will keep the residence more inclined to take care of their property. (1 person) • Need a recreation center and bocce courts. (1 person) • Ash Avenue Dog Park relocation;new location should be carefully selected. (1 person) • A community center where teens could hang out would make Tigard better(1 person) • Metzger Park is a nice park(1 person) Urban Growth Bounda4y • City has provided a lack of planning with growth in Tigard and suggested breaking the planning thinking by setting an urban population boundary. (1 person) • Farmland being protected is a quality of life issue with preserving people's land. Is it the intention to encroach into farmland when land came into the city limits? (1 person) Other Topics Discussed(1 person per each of these comments) • Discussion of grocery shopping options and how to attract more grocery stores to allow shopping downtown. • Entrepreneurship • TYAC • Rotary scholarships and the quality of applicants • Coffee Creek prison programs • Changing times;the millennial generation,technology, Face Time • The best thing the city has done in years is secure a water source • Councilor Henderson's goals - o We need to see where we're going o Global warming is an issue o Sustainability is an action o Car-centric community- a challenge o We need to pay attention to our to get people to change. resources. • Tigard is evolving as a community October Town Halls: • Mayor: Thursday, October 2 @ 6:30 p.m.@ Symposium Coffee • Jason: Tuesday, October 7 @ 6:30 in Red Rock Creek • Marland: Thursday, October 9 @ 5:30 p.m at Hudson Playa (before 7 p.m. CPO4B meeting) • Marc: Saturday, October 11 @ 9 a.m.at TVF&R Station 50 Community Room(12617 SW Walnut Street) • Gretchen: Thursday, October16 @ 6:30 in Red Rock Creek 1x10 Comments from October Town Halls 4 AIS-1849 3.A. Business Meeting Meeting Date: 11/25/2014 Length (in minutes):Consent Item Agenda Title: Receive and File: Election Results, Council Calendar and Council Tentative Agenda Submitted By: Carol Krager, City Management Item Type: Receive and File Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Receive and file items for the City Council include the Council Calendar and the Tentative Agenda for future council meetings. If the official election results for the November 4, 2014 election are received from Washington County by the date of this meeting they will also be attached as a Receive and File item. STAFF RECOMMENDATION / ACTION REQUEST No action is requested; this is a receive and file summary for information purposes. KEY FACTS AND INFORMATION SUMMARY •When the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is filed with the City Council to officially "receive and file" the information. •If official results are received by November 25,2014, they will be included in the receive and file agenda items. •Also attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A-Receive and File Items Attachments 3-month Council Calendar Tentative Council Meeting Agenda • MEMORANDUM TIGARD TO: Honorable Mayor& City Council/City Center Development Agency Board FROM: Carol A. Krager, City Recorder RE: Three-Month Council/CCDA Meeting Calendar DATE: November 18, 2014 November 4 Tuesday City Center Development Agency Meeting Cancelled. Election Day 11* Tuesday Council Business Meeting—Cancelled. Veterans Day 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall December 2 Tuesday City Center Development Agency Meeting—6:30 p.m.,Town Hall 4 Thursday Council Goal Setting Meeting—3:00 p.m.,TVF&R Station 50, 12617 SW Walnut Street,Tigard 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 16* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18 Thursday Council Ground Rules Meeting—3:00 p.m.,Fanno Creek House, 13335 SW Hall Blvd.,Tigard 23* Tuesday (May be cancelled) Council Business Meeting—6:30 p.m.,Town Hall January 6 Tuesday City Council Special Meeting(Inauguration)—6:30 p.m.,Town Hall City Center Development Agency Meeting Cancelled 13* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). is\adm\city council\council calendar\3-month calendar word format.doc Meeting Banner ❑ Business Meeting ❑ Study Session 0 Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 11/18/2014 7:43 AM - Updated Form Meeting Inbox or Submitted By Meeting Title Department Date Type Finalized 1634 11/25/2014 Cathy AAA November 25, 2014 Business Meeting Wheatley I I 1951 11/25/2014 Dana Bennett ACCSTUDY 30 Minutes - City Manager Evaluation Format City Management Bennett, D, HR Director 1963 11/25/2014 Carol Krager ,IACCSTUDY 15 Minutes - Summary of 1x5x10 Town Hall Meetings City Management 11/12/2014 l i 1849 11/25/2014 Carol Krager ACONSENT Consent Item - Receive and File: Election Results, Council City Management Krager C, City Calendar and Council Tentative Agenda Recorder 1927 11/25/2014 Judy Lawhead ACONSENT Consent Item - Authorize the Mayor to Sign an Agreement Public Works 11/12/2014 Regarding the Maintenance of Water Quality Swales on Pacific Highway 1971 11/25/2014 Joseph Barrett ACONSENT Consent Item - Authorize a Contract Amendment for River Financial and 11/12/2014 Terrace Stormwater Master Plan Implementation Information Services 1978 11/25/2014 Liz Lutz ACONSENT 5 Minutes - Waive Sign Permit Fees for Tigard Little Financial and 11/13/2014 League-Resolution Information Services 1980 11/25/2014 Carol Krager ACONSENTIConsent Item - Approve City Council Meeting Minutes City Management 11/13/2014 I � 1842 11/25/2014 Judy Lawhead CCBSNS 1 10 Minutes - Update on the Status on an Agreement Public Works 11/12/2014 Regarding Cook Park Facility Use With Two Sports Leagues 1864 11/25/2014 Carol Krager CCBSNS 2 15 Minutes - Briefing on an Intergovernmental City Management 11/12/2014 Agreement with King City Regarding Water System Ownership and Water Service 1917 11/25/2014 Carol Krager CCBSNS 3 15 Minutes - CONSIDER ADOPTION OF STRATEGIC City Management 11/17/2014 PLAN VISION 1944 11/25/2014 Norma Alley CCBSNS 4 15 Minutes - Adopt 2015 State and Federal Legislative City Management 11/17/2014 Agendas 1 I I' is\adm\norma\tentative agenda\2014\2014-1117 tentative agenda.docx Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 11/18/2014 7:43 AM - Updated Form Meeting Inbox or Submitted By Meeting Title Department Date Type Finalized 1949 11/25/2014 Sean Farrelly CCBSNS 5 15 Minutes - Legislative Public Hearing: Consider an Community 11/12/2014 Ordinance to Amend the Tigard Municipal Code (TMC) Development 3.44 Sale of Surplus Real Property 1812 11/25/2014 John Floyd CCBSNS 6 15 Minutes - MEDICAL MARIJUANA UPDATE Community Asher, K, Comm. Development Dev. Dir. 1976 11/25/2014 Joseph Barrett CCBSNS 7 5 Minutes - Discussion of Upcoming PMP Overlay Financial and 11/12/2014 Engineering Design Services Contract Information Svcs Total Time: 90 of 100 Minutes Scheduled 1635 12/02/2014 Cathy AAA December 2, 2014 CCDA Meeting Wheatley I 1 1947 12/02/2014 Sean Farrelly CCDA 60 Minutes - Executive Session- Real Property Community 10/08/2014 Transactions Development 1961 12/02/2014 Sean Farrelly CCDA 20 Minutes - Urban Renewal Tax Increment Revenue Community Farrelly S, Redev Forecast Development Project Manager - 1962 12/02/2014 Sean Farrelly CCDA 15 Minutes - Downtown Parking Management Update Community Farrelly S, Redev Development Project Manager Total Time: 95 of 180 Minutes Scheduled December 4, 2014 Council Goal Setting Meeting 3-6 p.m. in the TVF&R Community Room on Walnut 1636 12/09/2014 Cathy AAA December 9, 2014 Business Meeting Wheatley I _ _ 1 1967 12/09/2014 Toby LaFrance ACCSTUDY 30 Minutes - Pavement Management Program and Street Financial and Newton L, Asst Maintenance Fee Discussion Info. Svcs. City Manager 1969 12/09/2014 Carol Krager ACCSTUDY 115 Minutes - Council Liaison Reports City Management 11/10/2014 I I 2II is\adm\norma\tentative agenda\2014\2014-1117 tentative agenda.docx Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 11/18/2014 7:43 AM - Updated Form Meeting Inbox or Submitted By Meeting Title Department ,Date Type Finalized 1877 12/09/2014 Judy Lawhead ACONSENT Consent Item - Adopt a Resolution Authorizing the City Public Works Koellermeier D, Manager to Execute an Agreement with PGE for a Back-up Public Works Dir Power Source for a Water Partnership Facility 1975 12/09/2014 Judy Lawhead ACONSENT Consent Item - Authorize the Mayor/City Manager to Public Works Lawhead, J, Sr. Execute an Intergovernmental Agreement with King City Admin Spec. Regarding Water System Ownership and Water Service 1903 12/09/2014 Liz Lutz CCBSNS 1 5 Minutes - Appointment of Budget Committee Financial and Lutz L, Conf Exec Members Information Asst Services 1904 12/09/2014 Liz Lutz CCBSNS 2 5 Minutes - Appointment of Audit Committee Members Financial and Lutz L, Conf Exec Information Asst Services 1959 12/09/2014 Doreen CCBSNS 3 5 Minutes - Appointment of Tigard Transportation Community McGuire, T, Asst Laughlin Advisory Committee Members Development CD Director 1958 12/09/2014 Louis Sears CCBSNS 4 5 Minutes - Approve the extension of the current Financial and 11/13/2014 Comcast franchise agreement through 6/30/15 Information Services 1788 12/09/2014 Liz Lutz CCBSNS 5 20 Minutes - Public Hearing: Consideration of New Financial and LaFrance T, Water and Sewer Rates Info Services Fin/Info Svcs Dir 1952 12/09/2014 Dana Bennett CCBSNS 6 10 Minutes - Public Comment on City Manager's City Management Bennett, D, HR Evaluation Director 1933 12/09/2014 Loreen Mills CCBSNS 7 20 Minutes - Public Hearing - Amending Tigard City Management Mills L, Asst to Municipal Code Title 15.06 Franchise Utility Ordinance ,,City Manager 1935 12/09/2014 Loreen Mills CCBSNS 8 5 Minutes - Revise Master Fees and Charges Schedule City Management Mills L, Asst to to update utility franchise fees City Manager 1932 12/09/2014 Kent Wyatt CCBSNS 9 15 Minutes - Establish a 10 year franchise agreement City Management Wyatt K, Mgt Iwith McLeodUSA Telecommunications Services L.L.C. Analyst 1979 12/02/2014 Joseph Barrett CCDA 10Iop 10 Minutes - Contract Award - PMP Overlay Financial and Rager B, PW Engineering Design Services Information Svcs Director 3 I P :1 ,, � is\adm\norma\tentative agenda\2014\2014-1117 tentative agenda.docx Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 11/18/2014 7:43 AM - Updated Form Meeting Inbox or Submitted By Meeting Title Department Date Type Finalized I I 1637 12/16/2014 Cathy AAA December 16, 2014 Business Meeting - Starts 6:30 p.m. Wheatley Councilor Buehner's Reception 5:00 p.m. I I 1972 12/16/2014 Carol Krager CCBSNS 1 5 Minutes - Approve Resolution of Appreciation For City Management Krager C, City J Gretchen Buehner Recorder 1891 12/16/2014 Doreen CCBSNS 2 5 Minutes - Planning Commission Appointments Community McGuire, T, Asst _Laughlin Development ;CD Director 1850 12/16/2014 Debbie Smith- CCBSNS 3 75 Minutes - Public Hearing - Ordinances Adopting the Community Kowacz A, Wagar River Terrace Community Plan, Code Amendments and Development Associate Planner Transportation System Plan 1907 12/16/2014 Debbie Smith- CCBSNS 4 25 Minutes - Resolution Adopting the Parks Master Plan Community Shanks S, Senior Wagar Addenda for River Terrace Development Planner 1908 12/16/2014 Debbie Smith- CCBSNS 5 75 Minutes - Resolution Adopting the River Terrace Community Smith-Wagar D, ,Wagar Infrastructure Funding Strategy Development sst Fin Director I I December 18, 2014 Council Ground Rules Meeting 3-6 p.m. in the Fanno Creek House 1638 12/23/2014 Cathy AAA December 23, 2014 Business Meeting Wheatley I I 1892 01/06/2015 Carol Krager AAA January 6, 2015 Special Meeting INAUGURAL RECEPTION I I 1893 01/13/2015 Carol Krager IAAA _January 13, 2015 Business Meeting J l I 1955 01/13/2015 Dana Bennett ACCSTUDY 30 Minutes - Executive Session - Provide City Manager City Management Bennett, D, HR Feedback from the Evaluation Process Director 1970 01/13/2015 Carol Krager ]]ACCSTUDY 15 Minutes - Council Liaison Reports City Management 11/03/2014 4 I i) is\adm\norma\tentative agenda\2014\2014-1117 tentative agenda.docx Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 11/18/2014 7:43 AM - Updated Form Meeting Submitted By Meeting Inbox or Title Department Date Type Finalized I I 1960 01/13/2015 Sean Farrel ly CCBSNS 1 5 Minutes - City Center Advisory Commission Community Farrelly S, Redev Appointments Development Project Manager 1968 01/13/2015 Gary CCBSNS 2 90 Minutes - A+O Apartments Comprehensive Plan Community Pagenstecher G, Pagenstecher Amendment/Planned Development Development Assoc Planner 1977 01/13/2015 Joanne CCBSNS 3 5 Minutes - Request for Permit Fee Refund on Stevie City Management LaFrance T, Bengtson Levin Eagle Project Fin/Info Svcs Dir I I 1930 01/20/2015 Carol Krager AAA January 20, 2015 Workshop Meeting *Mayor Cook Absent* I I 1890 01/20/2015 Carissa Collins CCWKSHOP45 Minutes - Second Quarter Budget Committee Meeting Financial and 08/24/2014 Info Svcs Total Time: 45 of 180 Minutes Scheduled I I 1895 01/27/2015 Carol Krager AAA [January 27, 2015 Business Meeting I I 1973 01/27/2015 Norma Alley ACCSTUDY [15 Minutes - Council Liaison Reports City Management 11/04/2014 Total Time: 15 of 45 Minutes Scheduled I I 1887 01/27/2015 Judy Lawhead CCBSNS 1 15 Minutes - Briefing on Capital Improvement Plan Public Works Lawhead, 3, Sr. _ (CIP) Projects Admin Spec. 1953 01/27/2015 Carissa Collins CCBSNS 2 15 Minutes - FY 2015 Second Quarter Supplemental Financial and Collins C, Sr Amendment Information Mgmt Analyst (Fin Services Adm) 1934 01/27/2015 Loreen Mills CCBSNS 3 20 Minutes - Establish a 10 year franchise agreement City Management Mills L, Asst to with Astound Broadband LLC City Manager (Total Time: 50 of 100 Minutes Scheduled I I 5 I i) is\adm\norma\tentative agenda\2014\2014-1117 tentative agenda.docx WASHINGTON COUNTY OREGON November 24, 2014 City Recorder City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Enclosed you will find a copy of the Abstract of Votes for City of Tigard relating to the General Election held on November 4, 2014. Sincerely, A(//24'la'rt a 1 e Mickie Kawai Elections Manager M K/tk Department of Assessment&Taxation, Elections Division 3700 Sw Murrray Blvd. Suite 101 Beaverton OR 97005 Phone: 503/846-5800 Fax: 503/846-5810 SUMMARY REPORT Washington County, Oregon Official Final General Election November 4. 2014 Run Date:11/21/14 04:06 PM Report EL45 Page 001 VOTES PERCENT VOTES PERCENT PRECINCTS COUNTED (OF 161) 161 100.00 State Senator. 15th District REGISTERED VOTERS - TOTAL 292,115 Vote for 1 BALLOTS CAST - TOTAL 199.137 Caitlin Mitchel-Markley (LBT). . . . 3.593 9.04 VOTER TURNOUT - TOTAL 68.17 Chuck Riley (DEM) 18.156 45.69 Bruce Starr (REP) 17.869 44.97 US Senator WRITE-IN 116 .29 Vote for 1 Over Votes 3 Mike Montchalin (LBT) 6.383 3.36 Under Votes 2.544 Jeff Merkley (DEM) 106.769 56.20 Christina Jean Lugo (PAC) 3.918 2.06 James E Leuenberger (CON) 2.562 1.35 State Senator. 16th District Monica Wehby (REP) 69.406 36.54 Vote for 1 WRITE-IN 933 .49 Perry R Roll (LBT) 430 6.14 Over Votes 22 Betsy Johnson (DEM) 4.170 59.52 Under Votes 9.144 Andrew (Drew) Kaza (IND) 1,291 18.43 Bob Ekstrom (CON) 1.067 15.23 WRITE-IN 48 .69 US Representative, 1st District Over Votes 0 Vote for 1 Under Votes 1,469 Steven C Reynolds (PAC) 7,537 4.05 Jason Yates (REP) 64.200 34.54 Suzanne Bonamici (DEM) 106.096 57.08 State Senator. 17th District James Foster (LBT) 7,629 4.10 Vote for 1 WRITE-IN 410 .22 John Verbeek (REP) 14.085 37.01 Over Votes 22 Elizabeth Steiner Hayward (DEM) . . . 23,792 62.52 Under Votes 13.243 WRITE-IN 177 .47 Over Votes 3 Under Votes 4,711 Governor Vote for 1 Dennis Richardson (REP) 81,484 42.69 State Senator, 19th District Chris Henry (PRO) 1.700 .89 Vote for 1 Aaron Auer (CON) 1.618 .85 Richard Devlin (DEM) 6.210 95.83 John Kitzhaber (DEM) 98,203 51.45 WRITE-IN 270 4.17 Paul Grad (LBT) 3,344 1.75 Over Votes 0 Jason Levin (PAC) 3.612 1.89 Under Votes 3.529 WRITE-IN 911 .48 Over Votes 20 Under Votes 8.117 State Representative, 24th District Vote for 1 Ken Moore (DEM) 2.132 45.82 State Senator. 13th District Kohler Johnson (LBT) 167 3.59 Vote for 1 Jim Weidner (REP) 2.345 50.40 Kim Thatcher (REP) 9,727 55.00 WRITE-IN 9 .19 Ryan Howard (DEM) 7,920 44.78 Over Votes 0 WRITE-IN 38 .21 Under Votes 476 Over Votes 3 Under Votes 2,038 State Representative, 26th District Vote for 1 Bill Post (REP) 0 Josh Smith (PAC) 0 Chuck Lee (IND) 1 100.00 WRITE-IN 0 Over Votes 0 Under Votes 1 SUMMARY REPORT Washington County, Oregon Official Final General Election November 4, 2014 Run Date:11/21/14 04:06 PM Report EL45 Page 002 VOTES PERCENT VOTES PERCENT State Representative, 26th District State Representative. 32nd District Vote for 1 Vote for 1 John Davis (REP) 10,072 57.63 Rick Rose (REP) 2.074 51.15 Chuck Huntting (LBT) 735 4.21 Deborah Boone (DEM) 1,963 48.41 Eric D Squires (DEM) 6.614 37.85 WRITE-IN 18 .44 WRITE-IN 55 .31 Over Votes 0 Over Votes 1 Under Votes 573 Under Votes 2,247 State Representative. 33rd District State Representative, 27th District Vote for 1 Vote for 1 Mark W Vetanen (LBT) 3,237 20.53 Robert D Martin (LBT) 3.861 18.49 Mitch Greenlick (DEM) 12,422 78.79 Tobias Read (DEM) 16,820 80.53 WRITE-IN 107 .68 WRITE-IN 206 .99 Over Votes 0 Over Votes 2 Under Votes 3.494 Under Votes 4.504 State Representative, 34th District State Representative, 28th District Vote for 1 Vote for 1 Ken Helm (DEM) 13.475 66.09 Lars 0 H Hedbor (LBT) 3,302 18.27 Brenden King (REP) 6,807 33.38 Jeff Barker (DEM) 14.582 80.67 WRITE-IN 108 .53 WRITE-IN 193 1.07 Over Votes 2 Over Votes 2 Under Votes 3.116 Under Votes 4,085 State Representative, 35th District State Representative, 29th District Vote for 1 Vote for 1 Margaret Doherty (DEM) 15.018 80.18 Susan McLain (DEM) 9,751 53.74 John S Gerboth (LBT) 3,544 18.92 Mark Richman (REP) 8,321 45.86 WRITE-IN 169 .90 WRITE-IN 73 .40 Over Votes 3 Over Votes 3 Under Votes 4.330 Under Votes 1.558 • State Representative, 37th District State Representative. 30th District Vote for 1 Vote for 1 Gerritt Rosenthal (DEM) 3 981 44.15 Kyle Markley (LBT) 1,860 8.92 Julie Parrish (REP) 5,008 55.55 Dan Mason (REP) 8,518 40.85 WRITE-IN 27 .30 Joe Gallegos (DEM) 10.426 50.00 Over Votes 0 WRITE-IN 50 .24 Under Votes 993 Over Votes 5 Under Votes 1,716 Judge of the Circuit Court, 20th Dist. Vote for 1 State Representative, 31st District Ricardo J Menchaca 105,487 97.50 Vote for 1 WRITE-IN 2.709 2.50 Robert Miller (LBT) 127 3.79 Over Votes 3 Larry C Ericksen (REP) 1.518 45.29 Under Votes 90.810 Brad Witt (DEM) 1,694 50.54 WRITE-IN 13 .39 Over Votes 0 Under Votes 495 SUMMARY REPORT Washington County, Oregon Official Final General Election November 4, 2014 Run Date:11/21/14 04:06 PM Report EL45 Page 003 VOTES PERCENT VOTES PERCENT Judge of the Circuit Court, 20th Dist. City of Beaverton Council Pos 5 Vote for 1 Vote for 1 Beth L Roberts 102.420 97.70 Marc San Soucie 17.103 97.48 WRITE-IN 2.407 2.30 WRITE-IN 442 2.52 Over Votes 4 Over Votes 0 Under Votes 94,178 Under Votes 14.336 City of Banks Mayor City of Cornelius Mayor Vote for 1 Vote for 1 Peter C Edison 383 93.87 Jeffrey C Dalin 1.886 93.32 WRITE-IN 25 6.13 WRITE-IN 135 6.68 Over Votes 0 Over Votes 0 Under Votes 181 Under Votes 903 City of Banks Council Pos 1 City of Cornelius Council Vote for 1 Vote for 2 Daniel L Keller 368 96.59 Jose Orozco 1.523 48.24 WRITE-IN 13 3.41 Harley E Crowder 1.542 48.84 Over Votes 0 WRITE-IN 92 2.91 Under Votes 208 Over Votes 0 Under Votes 2,691 City of Banks Council Pos 3 Vote for 1 City of Durham Council Mark W Walsh 368 97.35 Vote for 2 WRITE-IN 10 2.65 Christopher Hadfield 386 48.49 Over Votes 0 Gery Schirado 389 48.87 Under Votes 211 WRITE-IN 21 2.64 Over Votes 0 Under Votes 372 City of Banks Council Pos 5 Vote for 1 Mark L Gregg 380 97.69 City of Forest Grove Mayor WRITE-IN 9 2.31 Vote for 1 Over Votes 0 Timothy Marble 3,301 48.75 Under Votes 200 Peter B Truax 3.408 50.33 WRITE-IN 62 .92 Over Votes 0 City of Beaverton Council Pos 1 Under Votes 871 Vote for 1 Lacey Beaty 17,437 97.29 WRITE-IN 485 2.71 City of Forest Grove Council Over Votes 0 Vote for 3 Under Votes 13.959 Ron Thompson 2,737 15.89 Aldie Howard 2,039 11.84 Tom (TJ) L Johnston 2.893 16.80 City of Beaverton Council Pos 2 Tom Beck 2,699 15.67 Vote for 1 Nathan Thomas Paul Seable 1 930 11.21 Betty Bode 17.412 97.04 Alexander E LaFollett 1,758 10.21 WRITE-IN 532 2.96 Malynda Wenzl 3,017 17.52 Over Votes 0 WRITE-IN 148 .86 Under Votes 13.937 Over Votes 30 Under Votes 5,675 SUMMARY REPORT Washington County. Oregon Official Final General Election November 4, 2014 Run Date:11/21/14 04:06 PM Report EL45 Page 004 VOTES PERCENT VOTES PERCENT City of Gaston Mayor City of King City Council Vote for 1 Vote for 4 Tony Hall 91 57.59 Robert D Olmstead 1.045 30.61 Richard Sager 58 36.71 William E Barber 1.009 29.55 WRITE-IN 9 5.70 Kenneth W Gibson 1.041 30.49 Over Votes 0 WRITE-IN 319 9.34 Under Votes 40 Over Votes 0 Under Votes 4,578 City of Gaston Council Pos 4 Vote for 1 City of Lake Oswego Council Jerry Spaulding 114 94.21 Vote for 3 WRITE-IN 7 5.79 Jackie Manz 0 Over Votes 0 Matt Keenen 0 Under Votes 77 Ed Brockman 2 33.33 Joe Buck 2 33.33 Jeff Gudman 2 33.33 City of Gaston Council Pos 5 WRITE-IN 0 Vote for 1 Over Votes 0 NO CANDIDATE FILED 0 Under Votes 0 WRITE-IN 49 100.00 Over Votes 0 Under Votes 149 City of North Plains Council Vote for 3 Sandi King 298 17.35 City of Gaston Council Pos 6 Greg M Kuhn 176 10.24 Vote for 1 Michael (Mike) L Broome 211 12.28 NO CANDIDATE FILED 0 Sherrie L Simmons 460 26.78 WRITE-IN 32 100.00 Scott Whitehead 294 17.11 Over Votes 0 Glen A Warren 219 12.75 Under Votes 166 WRITE-IN 60 3.49 Over Votes 6 Under Votes 928 City of Hillsboro Council Ward 1 Pos A Vote for 1 Darell Lumaco 16,243 97.24 City of Rivergrove Council WRITE-IN 461 2.76 Vote for 3 Over Votes 1 Mary D Mann 8 25.00 Under Votes 12,665 Heather L Kibbey 11 34.38 Carolyn M Bahrman 10 31.25 WRITE-IN 3 9.38 City of Hillsboro Council Ward 2 Pos A Over Votes 0 Vote for 1 Under Votes 25 Monte Akers 4.713 35.15 Kyle Allen 8,532 63.64 WRITE-IN 162 1.21 City of Sherwood Mayor Over Votes 3 Vote for 1 Under Votes 340 Krisanna Clark 3.388 52.76 Linda Henderson 2,963 46.14 WRITE-IN 71 1.11 City of Hillsboro Council Ward 3 Pos A Over Votes 2 Vote for 1 Under Votes 723 Steve Callaway 15,934 97.50 WRITE-IN 408 2.50 Over Votes 1 Under Votes 13,027 SUMMARY REPORT Washington County. Oregon Official Final General Election November 4, 2014 Run Date:11/21/14 04:06 PM Report EL45 Page 005 VOTES PERCENT VOTES PERCENT City of Sherwood Council City of Tualatin Council Pos 3 Vote for 3 Vote for 1 Bill G Millington 1,507 9.49 Jackie Pride 2,754 45.57 Sally D Robinson 2,322 14.63 Wade Brooksby 3,257 53.90 Jennifer S Harris 2,126 13.39 WRITE-IN 32 .53 Daniel C King 2,052 12.93 Over Votes 0 Jennifer Kuiper 2,824 17.79 Under Votes 2.326 Dean Boswell 1.334 8.40 Bill Butterfield 1.781 11.22 Ross Schultz 1,356 8.54 City of Tualatin Council Pos 5 Paul E Lindsley 436 2.75 Vote for 1 WRITE-IN 136 .86 Nancy Grimes 4.452 97.04 Over Votes 18 WRITE-IN 136 2.96 Under Votes 5.549 Over Votes 0 Under Votes 3.781 City of Tigard Mayor Vote for 1 City of Wilsonville Council John Cook 12.933 96.59 Vote for 2 WRITE-IN 457 3.41 Scott Starr 93 50.54 Over Votes 1 Charlotte Lehan 85 46.20 Under Votes 6.209 WRITE-IN 6 3.26 Over Votes 0 Under Votes 140 City of Tigard Council Vote for 2 Tom Anderson 5,452 23.21 Tualatin Soil & Water District John Goodhouse 6,381 27.16 Director At Large 2 Carl Switzer 3,556 15.14 Vote for 1 Marc T Woodard 7,820 33.29 Aubrey Harris 72,534 64.15 WRITE-IN 281 1.20 Stephen Baron 39,100 34.58 Over Votes 10 WRITE-IN 1.443 1.28 Under Votes 15,700 Over Votes 320 Under Votes 85,541 City of Tualatin Mayor Vote for 1 Tualatin Soil & Water District Lou Ogden 4,220 55.72 Director Zone 3 Jan Giunta 3.327 43.93 Vote for 1 WRITE-IN 27 .36 Thomas Dierickx 94.072 97.77 Over Votes 2 WRITE-IN 2.143 2.23 Under Votes 793 Over Votes 2 Under Votes 102,721 City of Tualatin Council Pos 1 Vote for 1 Tualatin Soil & Water District Nancy M Petit 2.263 37.27 Director Zone 4 Frank Bubenik 3.776 62.19 Vote for 1 WRITE-IN 33 .54 John A McDonald 56.658 51.40 Over Votes 0 Loren Behrman 52,247 47.40 Under Votes 2.297 WRITE-IN 1,320 1.20 Over Votes 42 Under Votes 88,671 SUMMARY REPORT Washington County. Oregon Official Final General Election November 4, 2014 Run Date:11/21/14 04:06 PM Report EL45 Page 006 VOTES PERCENT VOTES PERCENT Tualatin Soil & Water District State Measure 87 Director Zone 5 Judges Vote for 1 Vote for 1 Matt Pihi 96.071 97.79 Yes 112.414 61.22 WRITE-IN 2,167 2.21 No 71,199 38.78 Over Votes 4 Over Votes 18 Under Votes 100,696 Under Votes 15.378 Soil and Water. West District State Measure 88 Director. At Large I Driver Card Vote for 1 Vote for 1 Weston Miller 28 96.55 Yes 66,055 34.03 WRITE-IN 1 3.45 No 128,054 65.97 Over Votes 0 Over Votes 17 Under Votes 42 Under Votes 4,883 Soil and Water. West District State Measure 89 Director, At Large 2 Equality of Rights Vote for 1 Vote for 1 Shawn S Looney 27 96.43 Yes 126.306 67.71 WRITE-IN 1 3.57 No 60.223 32.29 Over Votes 0 Over Votes 31 Under Votes 43 Under Votes 12,449 Soil and Water, West District State Measure 90 Director. Zone 4 Top Two Vote for 1 Vote for 1 NO CANDIDATE FILED 0 Yes 60,419 32.27 WRITE-IN 4 100.00 No 126.826 67.73 Over Votes 0 Over Votes 57 Under Votes 67 Under Votes 11.707 Soil and Water. West District State Measure 91 Director. Zone 5 Marijuana Vote for 1 Vote for 1 08,846 55.40 Terri Preeg Riggsby 25 96.15 Yes 181,638 44.60 WRITE-IN 1 3.85 No Over Votes 0 Over Votes 18 Under Votes 45 Under Votes 2.507 State Measure 86 State Measure 92 Dedicated Fund Food Labeling Vote for 1 Vote for 1 Yes 78,854 42.45 Yes 94.799 48.36 No 106,925 57.55 No 101.217 51.64 Over Votes 26 Over Votes 37 Under Votes 13,204 Under Votes 2,956 SUMMARY REPORT Washington County. Oregon Official Final General Election November 4, 2014 Run Date:11/21/14 04:06 PM Report EL45 Page 007 VOTES PERCENT VOTES PERCENT 34-221 Washington County 34-227 City of Sherwood Vehicle Fee Charter Amendment Vote for 1 Vote for 1 . Yes 86.710 46.18 Yes 4.866 82.66 No 101,067 53.82 No 1.021 17.34 Over Votes 39 Over Votes 0 Under Votes 11.193 Under Votes 1.260 34-222 Washington County 34-228 City of Sherwood Charter Amendment Charter Amendment Vote for 1 Vote for 1 Yes 82.568 52.52 Yes 4,452 75.01 No 74.659 47.48 No 1.483 24.99 Over Votes 23 Over Votes 0 Under Votes 41.759 Under Votes 1.212 34-232 City of Banks 34-229 City of Sherwood Annexation 172.93 acres Charter Amendment Vote for 1 Vote for 1 Yes 342 60.21 Yes 3.619 65.07 No 226 39.79 No 1.943 34.93 Over Votes 0 Over Votes 0 Under Votes 21 Under Votes 1.585 34-233 City of Banks 34-230 City of Sherwood Annexation 27.5 acres Charter Amendment Vote for 1 Vote for 1 Yes 340 60.07 Yes 3.551 60.36 No 226 39.93 No 2,332 39.64 Over Votes 0 Over Votes 1 Under Votes 23 Under Votes 1.263 34-226 City of Beaverton 34-231 City of Sherwood General Obligation Bond Charter Amendment Vote for 1 Vote for 1 Yes 13,953 46.89 Yes 5,153 85.24 No 15 807 53.11 No 892 14.76 Over Votes 4 Over Votes 1 Under Votes 2,117 Under Votes 1,101 34-225 City of King City 3-452 City of Lake Oswego Local Option Levy Charter Amendment Vote for 1 Vote for 1 Yes 1.445 75.73 Yes 2 100.00 No 463 24.27 No 0 Over Votes 1 Over Votes 0 Under Votes 89 Under Votes 0 SUMMARY REPORT Washington County. Oregon Official Final General Election November 4. 2014 Run Date:11/21/14 04:06 PM Report EL45 Page 008 VOTES PERCENT 26-159 City of Portland General Obligation Bond Vote for 1 Yes 378 72.55 No 143 27.45 Over Votes 0 Under Votes 44 26-160 Metro • Charter Amendment Vote for 1 Yes 112.374 74.45 No 38 574 25.55 Over Votes 40 Under Votes 32.377 26-161 Portland School District Local Option Levy Vote for 1 Yes 898 67.22 No 438 32.78 Over Votes 1 Under Votes 131 34-224 Tigard-Tualatin School District Local Option Levy Vote for 1 ✓� , Yes 22,616 72.52 No 8.572 27.48 I4.;. `. 'r, Over Votes 2 it( . ° *; Under Votes 1,918 h •� � " . 1- 3-455 West Linn-Wilsonville School District Local Option Operating Tax Vote for 1 Yes 118 68.60 j,/ ���.Ha�berarlc n3roctorofA No 54 31.40 and Thxation end Ex-089cio Couti Cleric for Over Votes 0 Washington County,do hereby Under Votes 32 true and correct copy of the o this to a 1 Le: Ji w�f/ice L/ �L2' 3-456 West Linn-Wilsonville School District �...�.. General Obligation Bond Vote for 1 .�...� Yes 113 65.70 No 59 34.30 Over Votes 0 Under Votes 32 NUMBERED KEY CANVASS Washington County. Oregon FINAL General Election RUN DATE:11/21/14 04:09 PM November 4, 2014 REPORT-EL52 PAGE 0001 TOTAL PERCENT TOTAL PERCENT 01 = REGISTERED VOTERS • TOTAL 292.115 03 = VOTER TURNOUT • TOTAL 68.17 02 = BALLOTS CAST TOTAL 199.137 01 02 03 0301 301 1678 1308 77.95 0302 302 2173 1405 64.66 0303 303 956 . 606 63.39 0304 304 2833 1869 65.97 0305 305 889 . 589 66.25 0306 306 623 . 420 67.42 0307 307 1679 1164 69.33 0308 308 168 . 123 73.21 0309 309 4484 2976 66.37 0310 310 1618 1206 74.54 0311 311 630 . 431 68.41 0312 312 749 . 569 75.97 0313 313 6 . . 5 83.33 0314 314 309 . 233 75.40 0315 315 947 . 756 79.83 0316 316 762 . 567 74.41 0317 317 951 . 710 74.66 0318 318 2498 1717 68.73 0319 319 1118 . 676 60.47 0320 320 2718 1735 63.83 0321 321 307 . 198 64.50 0322 322 358 . 255 71.23 0323 323 3098 1926 62.17 0324 324 453 . 329 72.63 0325 325 3 . . 2 66.67 0326 326 1769 1312 74.17 0327 327 3485 2222 63.76 0328 328 1303 . 920 70.61 0329 329 3604 2347 65.12 0330 330 1251 . 884 70.66 0331 331 2279 1401 61.47 0332 332 2028 1460 71.99 0333 333 3537 1846 52.19 0334 334 142 . 110 77.46 0335 335 4443 3220 72.47 0336 336 2770 1897 68.48 0337 337 4002 2568 64,17 0338 338 4589 2924 63.72 0339 339 2603 1372 52.71 0340 340 3207 2224 69.35 0341 341 325 . 251 77.23 0342 342 64 . 43 67.19 0343 343 4436 3103 69.95 0344 344 4174 2699 64.66 0345 345 27 . 14 51.85 0346 346 280 . 225 80.36 0347 347 60 . 46 76.67 0348 348 28 . 22 78.57 0349 349 2586 1567 60.60 0350 350 3124 2054 65.75 0351 351 2555 1484 58.08 0352 352 885 . 489 55.25 0353 353 2031 1380 67.95 0354 354 3858 2823 73.17 0355 355 3099 2147 69.28 0356 356 1841 1150 62.47 NUMBERED KEY CANVASS Washington County. Oregon FINAL General Election RUN DATE:11/21/14 04:09 PM November 4. 2014 REPORT•£L52 PAGE 0002 TOTAL PERCENT TOTAL PERCENT 01 = REGISTERED VOTERS . TOTAL 292,115 03 n VOTER TURNOUT • TOTAL 68.17 02 = BALLOTS CAST • TOTAL 199.137 (CONTINUED FROM PREVIOUS PAGE) 01 02 03 0357 357 1569 . 984 62.72 0358 358 2071 1362 65.77 0359 359 2275 1352 59.43 0360 360 2790 1650 59.14 0361 361 1731 . 965 55.75 0362 362 3610 2682 74.29 0363 363 3364 2347 69.77 0364 364 4323 3107 71.87 0365 365 2904 2246 77.34 0366 366 2022 1336 66,07 0367 367 3724 2541 68.23 0368 368 3834 2519 65.70 0369 369 1863 1263 67.79 0370 370 2210 1613 72.99 0371 371 2318 1628 70.23 0372 372 1728 1328 76.85 0373 373 309 . 248 80.26 0374 374 13 . 12 92.31 0375 375 269 . 188 69.89 0376 376 1949 1378 70.70 0377 377 2329 1682 72.22 0378 378 1736 1225 70.56 0379 379 3539 2368 66.91 0380 380 2268 1724 76.01 0381 381 783 . 515 65.77 0382 382 3209 2019 62.92 0383 383 1424 1049 73.67 0384 384 2339 1737 74,26 0385 385 3069 2197 71.59 0386 386 2838 2210 77.87 0387 387 1044 . 627 60.06 0388 388 265 . 156 58.87 0389 389 2368 1560 65.88 0390 390 3765 2611 69.35 0391 391 335 . 193 57.61 0392 392 191 . 128 67.02 0393 393 637 . 502 78.81 0394 394 226 . 144 63.72 0395 395 2528 1731 68.47 0396 396 821 . 584 71.13 0397 397 2435 1738 71.38 0398 398 842 . 648 76.96 0399 399 2262 1559 68.92 0400 400 2945 2022 68.66 0401 401 1704 1311 76.94 0402 402 1035 . 712 68.79 0403 403 3774 2764 73.24 0404 404 2654 1901 71.63 0405 405 4570 3238 70.85 0406 406 3195 2070 64.79 0407 407 1663 1282 77.09 0408 408 4340 3289 75.78 0409 409 2741 1838 67.06 0410 410 2923 1945 66.54 0411 411 2730 1632 59.78 0412 412 1838 1319 71.76 0413 413 904 . 575 63.61 NUMBERED KEY CANVASS Washington County. Oregon FINAL General Election RUN DATE:11/21/14 04:09 PM November 4. 2014 REPORT•EL52 PAGE 0003 TOTAL. PERCENT TOTAL PERCENT 01 .. REGISTERED VOTERS - TOTAL 292.115 03 = VOTER TURNOUT - TOTAL 68.17 02 = BALLOTS CAST - TOTAL 199,137 (CONTINUED FROM PREVIOUS PAGE) 01 02 03 0414 414 578 . 408 70.59 0415 415 480 . 404 84.17 0416 416 1739 1171 67.34 0417 417 1213 . 809 66.69 0418 418 1954 1344 68.78 0419 419 1711 1403 82.00 0420 420 3218 2307 71.69 0421 421 289 . 192 66.44 0422 422 27 . 20 74.07 0423 423 2978 1954 65.61 0424 424 4182 2969 70.99 0425 425 1013 . 728 71.87 0426 426 311 . 242 77.81 0427 427 29 , 19 65.52 0428 428 1431 . 928 64.85 0429 429 1908 1221 63.99 0430 430 1970 1508 76.55 0431 431 1285 . 989 76.96 0432 432 318 . 162 50.94 0433 433 2151 1516 70.48 0434 434 3655 2471 67.61 0435 435 3793 2712 71.50 0436 436 2113 1547 73.21 0437 437 52 . 43 82.69 �0438 438 236 . 162 68.64 0439 439 182 , 141 77.47 0440 440 1482 . 864 58.30 ' � 0441 441 67 . 53 79.10 S 9 •.''•. ' 0442 442 815 . 577 70.80 �;�'• �'. ' 0443 443 22 . 14 63.64 `. "• 0444 444 1365 . 945 69.23 0445 445 689 . 462 67.05 0446 446 3739 2622 70.13 1,Rickard W.Hobenrkkl, D'u+odor of A*Sc oat 0447 447 2106 1439 68.33 and"[location and Ex-Officio County Ckrk for 0448 448 436 . 232 53.21 Washington County,do hereby certify this io be a 0449 449 97 , 56 57.73 trite and convappy of the original. 0450 450 71 . 51 71.83 2l -2e)/1/0451 451 789 . 470 59.57 Dial 0452 452 2205 1264 57.32 BY: �4ae, 0453 453 49 . 21 42.86 0454 454 839 . 538 64.12 0455 455 95 . 71 74.74 0456 456 29 . 20 68.97 0457 457 2252 1472 65.36 0458 458 2671 2047 76.64 0459 459 2870 2001 69.72 0460 460 2356 1266 53.74 0461 461 2717 1749 64.37 NUMBERED KEY CANVASS Washington County, Oregon FINAL General Election RUN DATE:11/21/14 04:09 PM November 4, 2014 REPORT•EL52 PAGE 0065 VOTES PERCENT VOTES PERCENT City of Tigard Mayor Vote for 1 01 • John Cook 12,933 96,59 03 • OVER VOTES 1 02 is WRITE.IN 457 3,41 04 ■ UNDER VOTES 6,209 01 02 03 04 0400 400 1268 47 0 707 0402 402 455 30 0 226 0403 403 1835 63 0 862 0404 404 1256 36 0 608 0405 405 2171 86 0 977 0406 406 1371 63 0 636 0408 408 2208 57 0 1023 0409 409 1198 36 1 603 0416 416 758 23 0 389 0427 427 14 0 0 5 0450 450 32 1 0 18 0454 464 367 15 0 155 Q • ..,\!..:!:,.*,. 4 .. I T NUMBERED KEY CANVASS Washington County. Oregon FINAL General Election RUN DATE:11/21/14 04:09 PM November 4, 2014 REP0RT-EL52 PAGE 0066 VOTES PERCENT VOTES PERCENT City of Tigard Council Vote for 2 01 - Tom Anderson 5.452 23.21 02 = John Goodhouse 6.381 27.16 05 - WRITE-IN 281 1.20 03 - Carl Switzer 3.556 15.14 06 - OVER VOTES 10 04 = Marc T Woodard 7.820 33.29 07 - UNDER VOTES 15,700 01 02 03 04 05 06 07 0400 400 475 592 418 747 36 0 1776 0402 402 221 231 124 271 18 0 557 0403 403 816 953 466 1219 41 0 2025 0404 404 479 669 330 795 25 0 1502 0405 405 911 1084 608 1352 50 4 2459 0406 406 562 652 421 868 30 2 1605 0408 408 982 1062 474 1289 41 2 2726 0409 409 501 553 366 670 15 2 1569 0416 416 344 372 223 408 14 0 979 0427 427 7 6 6 4 0 0 15 0450 450 11 11 11 17 0 0 52 0454 454 143 196 109 180 11 0 435 tyi e rt y l,vT , AIS-1927 3. C. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): Consent Item Agenda Title: Authorize the Mayor to Sign an Agreement Regarding the Maintenance of Water Quality Swales on Pacific Highway Prepared For: Mike McCarthy Submitted By: Judy Lawhead, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall council authorize the mayor to sign an agreement regarding the maintenance of water quality swales on Pacific Highway? STAFF RECOMMENDATION / ACTION REQUEST Authorize the mayor to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The council was briefed on this agreement at its October 28,2014,meeting. This project is a collaboration between Clean Water Services (CWS),the City of Tigard,King City and the Oregon Department of Transportation(ODOT),to retrofit and construct four stormwater treatment swales in the median of Pacific Highway 99W between Beef Bend Road and the Tualatin River.The swales will provide treatment for 1.75 miles of ODOT highway and 45 acres of commercial and residential property,54% of which lies within Tigard city limits. CWS and the city have successfully partnered on several projects over the years,providing greater benefit and cost savings to the community and the region.The respective obligations are outlined in the attached IGA and summarized below: •CWS will be the managing partner on this project,leading the design,construction and maintenance of the project. •The city obligation,as outlined in Exhibit B of the IGA,is to pay$62,850 towards the cost of the project prior to December 31,2014. The maintenance of these swales will be provided through a 15-year agreement between CWS and ODOT. CWS has agreed to maintain the swales at their cost for the first two years,through the vegetation establishment period. After that point in time, the city and CWS will negotiate an appropriate cost share from Tigard to cover the benefit these swales bring to the city.At that time,staff will bring a proposed new IGA with CWS to council for consideration and approval. Maintenance costs for similar facilities are typically less than$5,000 per year. OTHER ALTERNATIVES The council could propose changes to the agreement or could decide not to approve the agreement. Should the council decide not to approve the agreement,the result would likely be a delay in the project and/or loss of this opportunity to treat runoff in this area of available right of way to remove pollutants before they enter the river. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS This project is included as project no. 94031 in the adopted Capital Improvement Plan. DATES OF PREVIOUS CONSIDERATION The council was briefed on this agreement at its October 28,2014,meeting. Fiscal Impact Cost: $62,850 Budgeted (yes or no): Yes Where Budgeted (department/program): CIP Project#94031 Additional Fiscal Notes: This agreement calls for the city to make a one-time payment of$62,850 for the city's share of the construction cost of this project. This amount is budgeted in Capital Improvement Plan project no. 94031 in FY 2014-15. No other external city expenses are anticipated in accordance with construction of this project. The city will have a future maintenance obligation after the first two years of establishment. That future obligation is yet to be negotiated. Maintenance costs for similar facilities are typically less than$5,000 per year. Attachments IG:t with CWS for Water Quality Facilities INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES TO CONSTRUCT HIGHWAY 99W MEDIAN STORMWATER QUALITY FACILITIES PROJECT NO. 6588 This Agreement, dated , 2014 is between CLEAN WATER SERVICES (District) a county service district organized under ORS Chapter 451 and the CITY OF TIGARD (City) an Oregon Municipality. A. RECITALS ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary. District intends to undertake the Highway 99W Median Stormwater Quality Facilities Project No. 6588 (Project) to retrofit and construct stormwater quality swales in the median of Highway 99W. This Project has been endorsed by the Capital Improvement Program Prioritization Committee. NOW, THEREFORE, the parties agree as follows: B. PROJECT DESCRIPTION The Project is a collaboration between the cities of Tigard and King City, ODOT and District, to retrofit and construct 4 stormwater treatment swales in the median of Highway 99W. The Project will provide treatment for 1.75 miles of ODOT Highway and 45 acres of commercial and residential property. See Exhibit A attached hereto for the Project location. C. DEFINITIONS 1. Capital Improvement Program Prioritization Committee—This Committee has been established by District and the Member Cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin, and Sherwood. 2. Financial Partner—City or District will assume this role, primarily for the purpose of funding a portion of the Project. 3. Managing Partner—City or District will assume this role, primarily for the purpose of administering the Project. Page 1 — Intergovernmental Agreement D. DISTRICT OBLIGATIONS District is the Managing Partner and shall perform all Tasks for the Managing Partner identified in the List of Standard Obligations, attached hereto as Exhibit B, unless the Task is checked"Not Applicable". District shall assign Richard D. Boyle, P.E. as District's Project Manager. E. CITY OBLIGATIONS City is the Financial Partner and shall perform all Tasks for the Financial Partner identified in Exhibit B unless the Task is checked "Not Applicable." City shall assign Kim McMillan, P.E. as City's Project Manager. F. GENERAL TERMS 1. Laws and Regulations. City and District agree to abide by all applicable laws and regulations. 2. Term of this Agreement. This Agreement is effective from the date the last party signs it and shall remain in effect until the Project is complete and the parties' obligations have been fully performed or this Agreement is terminated as provided herein. 3. Amendment of Agreement. City and District may amend this Agreement from time to time, by mutual written agreement. A. Proposed changes of scope during the Project implementation must be reviewed and endorsed by the Capital Improvement Program Prioritization Committee. Changes necessitated by conditions discovered during design or construction, but consistent with the original scope of the Project, may be approved by the Managing Partner without further approval. B. The construction contract amount of the Project may be increased by up to 20% without amending the Agreement, provided the increase shall not exceed the not to exceed amount contained in Exhibit B. 4. Termination. This Agreement may be terminated immediately by mutual written agreement of the parties, or by either of the parties notifying the other in writing prior to award of a construction contract, with the termination being effective in 30 days. 5. Integration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. Page 2 — Intergovernmental Agreement 6. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the other and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 7. Attorney Fees. If any dispute arises concerning the interpretation or enforcement of this Agreement or any issues related to the U.S. Bankruptcy Code (whether or not such issues relate to the terms of this Agreement), the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the non-prevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal. 8. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project managers from each party, the City Manager and District's General Manager will attempt to resolve the issue. If the City Manager and District's General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 9. . Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in construing or interpreting this Agreement. 10. Severability/Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 11. Approval Required. This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1) District's General Manager or the General Manager's designee and when required by applicable District rules, District's Board of Directors and 2) City. Proposed changes of scope must also be approved by the Capital Improvement Program Prioritization Committee. 12. Choice of LawNenue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation Page 3 — Intergovernmental Agreement arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. CLEAN WATER SERVICES CITY OF TIGARD, OREGON By: By: General Manager or Designee City Manager or Designee Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM District Counsel City Counsel Page 4— Intergovernmental Agreement Exhibit A Project Location Map HIGHWAY 99W MEDIAN STORM WATER QUALITY FACILITIES PROJECT NO. 6588 EXHIBIT A J 1 T Y" 4, C Legend . ' ►Y ® 'i. ,PROXCq 1/ ��0 �f STORM SEWER - SW ALE 1 1 in=600 '1 — r CREEK-STREEM ei I t\ —\ o a m J O U �°� 2 ' i i DURHA ouR r KING CNA 3 O) Of 1 KI . JAMES CHAT y SWALE2&3 -t BRETTON r" • 'r > j#� r F—_, t ,l// 5 w ,F -�JCINGRICHARD p N ✓ce FISCHER INA GRAVEN ( _",._ ,i,j lir `, , .,r� WWEIR'U1gE� /7R l 1 ;re • 9c .i ! , t�/ 40( }III SWALE 4 I g l R ; 't ;f' VERSAILLES /AO ° ;i � P0- klE 8 a ` I j +la le f C:leanWater?"Services ) 4, RV v `I" Our cammilmrni 8.clear ? E Cap481 PlOrdelPOOlidsbf46 111WaaWMadanYWFUaGIs Page 5 — Exhibit A - Project Location Map Intergovernmental Agreement EXHIBIT B LIST OF STANDARD OBLIGATIONS Task Not Applicable Managing Partner shall: Provide Financial Partner at least ten days to review the plans and specifications for the Project and incorporate Financial Partner's comments into the plans. Provide any required notice and communicate with the neighborhood and property owners within the Project limits. Respond to public calls arising from work being completed under this Agreement. Prepare and submit invoices of the Project costs to Financial Partner . (Insert the applicable timing requirement e.g. "quarterly" or"upon completion of the Project".) Make all required payments to the construction contractor. Prepare and submit a Project summary of completed tasks to Financial Partner with each invoice. Prepare all contracts and bid documents, advertise for bids, and select a construction contractor for the Project. Construct the Project and provide construction inspection and management services for the Project. If requested, hold progress meetings with Financial Partner during the field investigation and design phases of the Project. Financial Partner may review options and provide input on the Project. Pay percent of the following costs for the Project: administration, easements, field inspection, design, construction and construction administration (Project Costs). Require all contractors to include Financial Partner as an additional insured on insurance coverage required for construction work performed in completing the Project. Take the lead in coordinating public involvement related to the Project. Waive any land use or permit fees (except plumbing inspection fees) for work related to the Project. City currently has sewer fund balances, including a sewer development charge(SDC)balance. City has been allowed to retain these balances to "spend down" on sewer-related projects within the City, regardless of funding responsibilities. Funding for the Project shall include $ from City's existing sewer fund balances. Page 6— Exhibit B — List of Standard Obligations Intergovernmental Agreement f EXHIBIT B LIST OF STANDARD OBLIGATIONS Task Not Applicable Infiltration and Inflow Abatement s r&ects Obtain written permission from each property owner to inspect their sanitary sewer lateral and to line or replace it if deficient. Establish whether each property has a cleanout at the structure. If no cleanout exists, Managing Partner will install one. Inspect and evaluate each sanitary sewer lateral and main with El a television camera. Managing Partner will line or replace all deficient sewer laterals and mains. Ill Other: District will maintain the facilities described in this Agreement pursuant to an agreement with the Oregon Department of Transportation. Financial Partner shall: Review the plans and specifications for the Project and provide Managing Partner with written comments and/or approval within 10 days of receiving them. Have the right to approve the final acceptance of the Project after construction. Pay Managing Partner percent of the Project Costs. Pay invoices submitted by Managing Partner for actual costs incurred within 30 days of approving the invoice. The invoice shall include full progress payment amounts, including typical construction retainage. Pay a total not to exceed of$62,850 toward the cost of the Project prior to December 31, 2014. Assist Managing Partner in communicating with the property owners and Project stakeholders. Page 7— Exhibit B—List of Standard Obligations Intergovernmental Agreement AIS-1978 3. D. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 5 Minutes Agenda Title: Waive Sign Permit Fees for Tigard Little League-Resolution Prepared For: Toby LaFrance Submitted By: Liz Lutz, Financial and Information Services Item Type: Resolution Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Does the Tigard City Council find benefit to the community of waiving the temporary sign permit fees for the Tigard Little League to hang two banners,outweighs the $244 financial hardship to the city? STAFF RECOMMENDATION / ACTION REQUEST Consider resolution waiving$244 of permit fees for Tigard Little League. KEY FACTS AND INFORMATION SUMMARY On November 10,2014, Kim Kelleher from Tigard Little League e-mailed the city to request a waiver of permit fees charged to hang two banners (text of email attached). According to the Master Fees and Charges Schedule,Temporary Sign Permits are$61 per sign and are good for 30 days. Kim Kelleher is requesting the city waive fees for two signs for 60 days totaling$244 fee waiver. TMC 3.32.070 authorizes council to waive fees for non-profits. The Tigard Municipal Code states: "3.32.070 Exemptions. The City Council is authorized to waive or exempt the fee or charge imposed upon an application or for the use of city facilities and services,if a nonprofit organization requests such a waiver in writing and the council determines that community benefit from the proposed activity outweighs the financial burden on the city.The wavier or exemption shall not excuse the nonprofit organization from compliance with other requirements of this code." Tigard Little League is a qualifying non-profit. They have made their request to waive fees in writing. If council determines that the benefit to the community outweighs the loss of $244 in permit fees, then council is authorized to waive the fees. OTHER ALTERNATIVES City Council could deny the request. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard citizens are involved in the community and participate effectively. DATES OF PREVIOUS CONSIDERATION On November 26,2013, the City Council passed resolution 13-48 granting waiver for temporary sign permits for Tigard Little League for$224. Fiscal Impact Cost: N/A Budgeted (yes or no): N/A Where Budgeted (department/program): N/A Additional Fiscal Notes: Waiving the fees will reduce the General Fund by $244. Attachments Resolution Letter request frififf� yF�bif£ October 16, 2014 Dear Ms. Lutz, I am contacting you in hopes of receiving a waiver from the City of Tigard for banner permits. Tigard Little League is a non-profit organization that has served kids in Tigard ages 5-14 for over 50 years and we are always looking for ways to keep expenses down so that we may offer the lowest registration fees possible and spend money on fields, coach training and equipment instead. We would like to put up two (2) banners announcing registration: 1. One banner would be placed on the Tigard High School fence at the intersection of Hall Boulevard and Durham Road 2. One banner would be placed on the Fowler Middle School fence at the intersection of Tiedernan Avenue and Walnut Street We would like to display these banners from December 1st through January 18th (our final day of registration). Please let me know if you require any further information and thank you very much for considering our request. Sinc�rr�l Kim Kell er Tigard Little League President AIS-1980 3. B. Business Meeting Meeting Date: 11/25/2014 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, City Management Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •September 23,2014 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Draft September 23,2014 Meeting Minutes AIS-1971 3. E. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): Consent Item Agenda Title: Authorize a Contract Amendment for River Terrace Stormwater Master Plan Implementation Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Financial and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract amendment with Otak Inc., for the implementation of the Stormwater Master Plan for the River Terrace area. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board award the amendment to the Otak agreement and authorize the City Manager to carry out the steps to execute the amendment. KEY FACTS AND INFORMATION SUMMARY Otak,Inc. recently completed a Stormwater Master Plan (SMP) for the River Terrace area.The purpose of the SMP is to describe a stormwater management strategy for River Terrace,show how that strategy is to be applied during development,provide cost estimating for the regional stormwater management infrastructure, provide recommendations for implementation and maintenance,and to document supporting calculations. Implementation of the SMP for purposes of development application review is the next step,and includes some very important work,including: •Development of a new water quantity (detention) standard for River Terrace; •Development of new design requirements for stormwater facilities; •Development of a minimum size standard for stormwater detention facilities; •Development of a formal public improvement design standard amendment to be reviewed and approved by the City Engineer; •Assessing the current condition of downstream drainage channels that will receive water from development in River Terrace;and •Development of alternative solutions for handling the higher stormwater flows that will reach those downstream channels. Each of the tasks above are critical to success in effectively reviewing and approving new developments in River Terrace. Staff proposes an amendment to Otak's current contract with the city,as this work is a natural extension of the SNIP work just completed and will likely result in a project schedule that will allow staff to meet the fast track timeframe for accepting development applications in the River Terrace area. In addition, Otak is most familiar with River Terrace and the complexity involved in stormwater management in that area. Staff is diligently working toward a goal of having the necessary zoning,code amendments and standards in place to accept new development applications in the spring of 2015. A large percentage of the stormwater management work described above must also be completed in order to review those applications. Under Tigard's Public Contracting Rule 10.075 (B),a contract may be amended so long as the aggregate cost increase resulting from the amendments does not exceed the project budget for the current fiscal year. The estimated amount of this amendment is $154,192. Appropriations in the current fiscal year's Stormwater Fund's budget by defunding the Copper Creek Bank Stabilization project and shifting that projects $174,000 in appropriations to this project.The Copper Creek project is on hold and there is no timeframe for restarting this project as it requires a policy decision. Staff provided council with a memorandum related to this request on November 6,2014,in hopes that it would suffice as a first review. Staff is now asking for formal approval of the contract amendment in order to meet critical timelines for the River Terrace work. OTHER ALTERNATIVES The Local Contract Review Board may elect to reject the contract amendment with Otak and direct staff to conduct a formal solicitation for the work.As time is of the essence for this project with the goal of having the necessary zoning,code amendments,and standards in place to accept new development applications for the area in the spring of 2015,issuing a full and formal solicitation for the work would likely cause the city to missing this goal. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS River Terrace: Complete Community Plan,zoning,adopted master plans DATES OF PREVIOUS COUNCIL CONSIDERATION Council received a memo regarding this issue in their packet on November 6,2014. Fiscal Impact Cost: $154,192 Budgeted (yes or no):Yes Where budgeted?: Stormwater Fund Additional Fiscal Notes: The current fiscal year budget has enough appropriations for this project by defunding the Copper Creek Bank Stabilization project($174,000) and shifting the appropriations to this project. Attachments No filer)attached. AIS-1842 4. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 10 Minutes Agenda Title: Update on the Status on an Agreement Regarding Cook Park Facility Use With Two Sports Leagues Prepared For: Steve Martin, Public Works Submitted By: Judy Lawhead, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing: No Publication Date: Information ISSUE Staff will provide the mayor and council an update on the status of an agreement with Southside Soccer and Tigard Little League regarding Cook Park facility use. STAFF RECOMMENDATION / ACTION REQUEST No action needed. This is an information item. KEY FACTS AND INFORMATION SUMMARY As council is aware, the Cook Park field use agreement between the city and Tigard Little League and Southside Soccer has expired. Over the last several months, staff has been working with representatives of the Leagues to craft a new agreement. The parties are working towards consensus on the term of the agreement, the process for scheduling regular season games and practices, tournament scheduling, and how equipment and field maintenance will be funded. Staff will provide council a verbal update on the status of the agreement this evening. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION The council first discussed an agreement with the sports leagues on June 18, 2013. The council discussed an agreement in executive session on May 27, 2014. Attachments No file(s)attached. AIS-1864 5. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 15 Minutes Agenda Title: Briefing on an Intergovernmental Agreement with King City Regarding Water System Ownership and Water Service Submitted By: Carol Krager,City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE The council will be briefed on an intergovernmental agreement (IGA)with King City regarding water system ownership and water service. STAFF RECOMMENDATION /ACTION REQUEST No action is requested; formal consideration of the IGA is scheduled on the council's December 9,2014, consent agenda. KEY FACTS AND INFORMATION SUMMARY The City of Tigard has provided water service to the residents of King City,Durham and the Tigard Water District since 1994.This service is provided via three intergovernmental agreements between Tigard and each of the three entities.Those agreements expire in 2018. The Cities of Tigard and King City and Durham,along with the Tigard Water District(TWD),are members of the Intergovernmental Water Board.This board was created in the 1994 agreements.The board members have attempted to develop a replacement agreement for several years—with limited success. Subsequently, representatives from Tigard and King City chose to table the prior work and undertake a new approach which would redefine the relationship between the parties.That approach,termed the service provider model, received the general support of the Tigard City Council at its November 19,2013,workshop meeting. The attached King City IGA is designed to be the"successor" agreement to the original 1994 intergovernmental agreement.The council last reviewed the King City IGA in study session at its October 28, 2014,meeting. Since that time,only minor edits have been made to the agreement. (A redline version of the IGA is attached so council can see what has changed since its last review.) Key terms of the King City IGA include: •The term of the IGA is perpetual. •King City is transferring its interests in supply assets to Tigard. •King City is transferring its distribution assets to Tigard. •Tigard will thus own and operate the water system in King City as a service provider. •King City will receive a 5-percent franchise fee on annual revenues generated in King City. Assuming both the King City and Tigard City Councils authorize this IGA,a joinder agreement to this IGA will be offered to the City of Durham. Lastly,a similar agreement,with some minor modifications,will be developed in conjunction with the TWD for council consideration. The King City IGA is currently being reviewed by the city attorney. Few changes—if any—are anticipated. The final agreement will be provided for consideration on December 9. OTHER ALTERNATIVES The council could choose not to approve the IGA and direct staff to: •Re-negotiate the terms of the IGA. •Pursue some other course of action regarding the provision of water service to King City. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard City Council-Proposed Goals and Milestones September 2013 -December 2014 Water Intergovernmental Water Board Work plan for, and next governance agreements with Tigard Water District, Durham,King City (expires 2017,2yr notice) DATES OF PREVIOUS COUNCIL CONSIDERATION •The council was briefed on the progress of the King City IGA at its October 28,2014,study session. •The council discussed policy questions related to a draft agreement at its November 19,2013,workshop meeting. •The council received a memo on the development of a new agreement for the provision of future water service to Durham,King City and the TWD in its October 31,2013 council packet. •The council discussed its strategy for future water service to King City,Durham and the TWD in executive session on August 14,2012. Attachments Clean Draft King City IGA with Exhibits Redline Draft King City IGA DRAFT Intergovernmental Agreement Regarding Water System Ownership and Water Service This Intergovernmental Agreement Regarding Water System Ownership and Water Service (Agreement) is made by and between the City of Tigard, a municipal corporation of the State of Oregon (Tigard) and the City of King City, a municipal corporation of the State of Oregon (King City). RECITALS WHEREAS, effective July 1, 1993, the Cities of Tigard, Durham and King City withdrew the area and water system infrastructure within their boundaries from the Tigard Water District. In lieu of the division of Tigard Water District assets as provided by 222.540, the City of Tigard entered into intergovernmental agreements for the delivery of water service to areas within the then-existing District boundaries including the cities of Durham, King City and the Tigard Water District; and, WHEREAS, this arrangement was memorialized in three separate agreements (IWB Agreements) between Tigard and the City of Durham, Tigard and the City of King City, and Tigard and the Tigard Water District; and WHEREAS, the IWB Agreements provided, among other things, for City of Tigard operation and management of the entire water system wherever located and that all users within the Tigard Water Service Area would obtain service at the same rates and on the same terms and conditions; and WHEREAS, the IWB Agreements also provided for participation by the Parties through an Intergovernmental Water Board to make recommendations on various water-related issues to the Tigard City Council; and WHEREAS, the City of Tigard has provided all services under the IWB Agreements since their effective date and the existing IWB Agreements expire on December 31, 2018. Tigard desires, and King City is willing, to continue with the existing IWB Agreement with the City of Tigard until December 31, 2018 or such time as the all of the IWB Agreements are terminated, whichever first occurs, and then transfer complete ownership and responsibility of the Water Supply System Assets within King City and to supply water to King City; WHEREAS, entry into this Agreement by the Parties is consistent with ORS 225.020 and the Parties' respective city charters, municipal codes, comprehensive plans and public facilities Plans; and WHEREAS, pursuant to the Tigard City Charter and ORS 225.020, Tigard has the authority to acquire, own and operate the King City water system located outside the incorporated boundaries of Tigard and provide direct service to King City water system users; and 24512.003\4847-6829-3662.v 1 DRAFT WHEREAS, as set forth below in the terms and conditions of this Agreement,King City desires to transfer ownership and responsibility of the water system to Tigard and Tigard agrees to: a) Assume ownership and full responsibility to operate,maintain and repair the King City water system, and b) Continue to supply water and to secure future supply as needed, and c) Provide all water-related administration; and WHEREAS, the parties have authority to enter into this Agreement pursuant to ORS 190.003 through 190.030, and being fully advised. NOW,THEREFORE THE PARTIES AGREE AS FOLLOWS: I. DEFINITIONS 1.1 "City of King City" shall mean the City of King City, an Oregon municipal corporation (King City). 1.2 "City of Tigard" shall mean the City of Tigard, an Oregon municipal corporation (Tigard). 1.3 "Distribution System"or"Distribution System Assets"shall mean the potable water distribution systems of each Party providing direct service to that Party's system users through pipelines twelve (12) inches or less in diameter. 1.4 "Intergovernmental Water Board Agreements," shall mean those three(3) separate agreements that took effect on January 1, 1994, between Tigard and the City of Durham, Tigard and the City of King City, and Tigard and the Tigard Water District(IWB Agreements). 1.5 "Oregon Health Authority" shall, mean the State of Oregon Health Authority(OHA). 1.6 "Party" or"Parties" shall mean any signatory entity to this Agreement or any other local government or domestic water supply district that may join this Agreement_"Safe Drinking Water Act," shall mean the Federal Safe Drinking Water Act of 1974 as amended (SDWA). 1.7 "Tigard Water Services Area," shall mean the area of the Tigard Water District, as it existed on July 1, 1993, the effective date of the IWB Agreements and as set forth on Exhibit 1, attached and incorporated by reference and all additions to the TWSA by annexation to either Party, amendments to the Urban Growth Boundary or designation as Urban Reserve. 1.8 "Water Supply System"or"Water Supply System Assets" shall mean all water sources and facilities, appurtenances, real property and personal property used in treatment,pumping, storage and transmission of potable water within the TWSA to provide water to distribution system. 24512.003\4847-6829-3662.v 1 DRAFT II. EFFECTIVE DATE 2.1 The effective date of this Agreement is January 1, 2015 and shall continue in perpetuity unless terminated as provided in Article VIII. III. OWNERSHIP 3.1 Water Supply System Assets. In consideration of the assumption of obligations and responsibilities by Tigard in Article IV below, effective on termination of the IWB Agreement between Tigard and King City King City grants, conveys, transfers and assigns all ownership right, title and interest in any and all Water Supply System Assets that King City owns or has any rights of whatsoever kind and wherever situated in the TWSA to Tigard and Tigard accepts ownership AS-IS. The Water Supply System Assets are identified on Exhibit 2, attached hereto and incorporated by reference. King City agrees to execute all documents to effectuate such conveyances as requested by Tigard. Upon conveyance, Tigard will own 100% of King City's interest in the Water Supply System Assets wherever situated and King City shall have no shared ownership or tenancy in common in any Water Supply System Asset. 3.2 Distribution System Asset. In consideration of the assumption of obligations and responsibilities by Tigard in Article IV below, effective on termination of the IWB Agreement between Tigard and King City, King City grants, conveys, transfers and assigns all ownership right, title and interest in any and all King City Distribution System Assets of whatsoever kind and wherever situated within the incorporated area of King City to Tigard and Tigard accepts ownership AS-IS. The Distribution System Assets are identified on Exhibit 3, attached hereto and incorporated by reference. King City agrees to execute all documents to effectuate such conveyances as requested by Tigard. Upon conveyance, Tigard will own 100% of the Distribution System Assets located within King City's boundaries and King City shall have no shared ownership or tenancy in common in any Distribution System Assets. 3.3 IWB. King City, with Tigard approval which shall not be unreasonably withheld shall appoint the representative to the IWB until December 31, 2018 IV. TIGARD COVENANTS AND OBLIGATIONS In consideration of the terms of this agreement and King City's release, transfer and conveyance of assets in Article III above, Tigard agrees to: 1. Water Supply. Secure and supply all water to King City at the same quality and quantity and on the same terms, conditions and price for the same customer types and classes as exist in Tigard. Tigard has obtained water supply sources and will continue to develop water supply sources to achieve reliable and redundant supplies for the future demands of King City including present boundaries, areas within the Urban Growth Boundary that may be annexed and urban reserves. Tigard agrees to provide water to King City so long as King City is a Party to this Agreement. 245 12.003\4847-6829-3662.v 1 DRAFT 2. System Management. Tigard will plan, design, build, finance, operate, maintain, repair and replace those components of the Water Supply System and the Distribution System located within King City's boundaries as necessary for source, treatment, transmission, pumping and storage in a manner comparable to such systems in the City of Tigard and to deliver water as necessary to King City water system users with recovery of costs through rates so that users in King City pay their share under Section 4.9 below. 3. Curtailment. Tigard maintains a curtailment plan to meet shortages in water supply. Curtailment shall be consistent and equal throughout Tigard and King City so that all users are treated equally. 4. Demand Forecasting. Tigard will be responsible for demand forecasting and planning based on population or other information provided by King City. King City will provide information as reasonably requested by Tigard to enable Tigard to complete this task. 5. Regulatory Matters. Tigard will be responsible for compliance with all federal and state statutes, rules and administrative processes related to water source and water supply and the Distribution Systems within King City. Tigard will provide or will contract for all water quality sampling, testing, monitoring and reporting for SDWA and OHA compliance, as well as any other required reporting for regulatory compliance. Tigard will provide all interfaces with the Oregon Water Resources Department and other related regulatory agencies regarding provision of drinking water. 6. Cross Connection Control. Tigard maintains and will continue to maintain a cross connection and backflow prevention program that meets current state rules and regulations. 7. Mapping. King City will provide all available maps, drawings, as-builts, AUTOCADS, or other information to enable Tigard to develop a mapping system compatible with Tigard's information system 8. Budget. Tigard's requested budget will be provided to King City for review within 7 days following submission to Tigard's Budget Officer. King City may provide comments or questions to Tigard prior to the first meeting of the Tigard Budget Committee. The Tigard City Council is the sole and final decision maker on budget and rate matters. 9. Rate Methodology. Tigard will be responsible for calculation of rates and charges, including system development charges, as related to the Water Supply System. Tigard will adopt rates in accordance with the current edition of the American Water Works Association Principles of Water Rates, Fees, and Charges (known as Ml standards), including any system-related debt coverage requirements. Tigard will include in the rates such amounts it deems necessary for the operation, maintenance, repair and replacement of the Distribution System located within King 24512.003\4847-6829-3662.v 1 DRAFT City's boundaries. Tigard and King City users shall obtain service at the same rates and on the same terms and conditions. 10. Billing. Tigard will assume all billing and collection functions, including management of any existing agreements King City may have for meter reading and other billing and collection services. King City may include a newsletter to citizens to be included in customer bills so long as Tigard does not incur additional costs beyond a typical bill. If inclusion of a newsletter or other publication increases mail processing costs, (printing, folding,stuffing, etc.),or postage costs, King City must pay the additional costs. 11. Public Relations. Tigard will be responsible for communications and public messaging regarding water-related issues involving King City. Tigard will make reasonable efforts to first inform or consult with King City regarding announcement of significant changes or matters that may be controversial. 12. Council/City Staff Meetings. Tigard representatives familiar with the Distribution System located within King City's boundaries or familiar with current issues of interest to King City will attend King City City Council meetings and will meet with the King City city manager as requested. 13. Emergency Service. Tigard will respond to water emergencies 24-hours-a-day, including weekends and holidays. Tigard will retain records of emergency calls in accordance with Oregon public records law. King City will forward all water emergency calls to Tigard. 14. Water Management and Conservation. Tigard will be responsible for all water management and conservation planning as required by the Oregon Water Resources Department. Tigard will also be responsible for the water master planning as required by the Oregon Health Authority. In the course of water management and conservation planning, Tigard may perform water audits and leak detection services in the Distribution System located within King City's boundaries. Tigard will provide King City a reasonable opportunity to review and comment on water management and conservation matters affecting King City. 15. System Operation and Maintenance. Tigard will operate and maintain the Distribution System located within King City's boundaries in a manner comparable to the Distribution System within the City of Tigard. Tigard will install services and meters as needed in accordance with Tigard's standards. Additions, replacements or repairs to the Distribution System will be according to Tigard's standards for construction. Tigard will develop maintenance schedules consistent with prudent water utility practices. Tigard will be responsible for service requests and account inquiries. 16. Capital Improvement. Tigard will be responsible to budget and appropriate money for capital 24512.00314847-6829-3662.v1 DRAFT improvements. Capital improvements shall be made according to Tigard's Capital Improvement Plan and timing of projects reasonably designated by Tigard. Tigard will manage the Capital Improvement Program. All capital improvements shall be constructed according to Tigard construction standards. Tigard will provide King City with an opportunity to review and comment on proposed capital improvement plan amendments and the timing of projects that directly relate to water system assets located in or directly impacting King City. 17. Telemetry. Tigard will manage, maintain, and upgrade or replace, as necessary, the telemetry system. King City will cooperate when radio frequency license renewal is required, if necessary. 18. Activities in King City's Right of Way. King City will not charge Tigard any right of way permit fees for water-related projects. Except in case of emergency, Tigard will obtain the appropriate permits prior to working in King City's right of way. Tigard will make reasonable efforts to notify King City of projects affecting King City's right of way so that King City may coordinate traffic and other construction-related impacts. 19. Pay Stations. King City will designate publicly accessible location(s) for pay stations where users can submit Tigard utility payments. 20. Consumer Confidence Reports. Tigard will provide consumer confidence reports to King City users, commencing with the report due June 30, 2014. 21. New Development. King City shall refer all applicants who require water service to Tigard. Tigard will review and provide comments to King City on development applications. These comments will be provided within the timelines set in current land use statutes. Tigard will provide the review, approval of engineering plans, inspections and final acceptance of additions or modifications to the water Distribution System. The Tigard City Engineer has the authority regarding public water Distribution System improvement design standards, including any variances within those standards. 22. Debt. Tigard shall not incur general obligation bonds or indebtedness that is a lien against real property regarding Water Supply System Assets or Distribution System Assets, or obligate King City or its residents to repay any such debt, without the prior approval of King City. This restriction shall not apply to bonds or indebtedness backed solely by water system revenues from King City and Tigard water users. Nothing in this agreement imposes any additional responsibility on King City or its residents for debt incurred prior to the termination of the IWB Agreement except as provided in the IWB Agreement. 23. Other Matters. Tigard will perform such other functions as the Parties hereto mutually agree in writing. 24512.003\4847-6829-3662.v1 DRAFT V. RIGHT OF WAY 5.1 Use and Occupancy. Tigard shall have the right to use and occupy the streets and roads of King City where Water Supply System Assets or the Distribution System now exist or are installed in the future, subject to obtaining a right of way permit for activities within King City right of way and in accordance with King City's street standards. Fee for Use of Right of Way. Effective 60 days from the date of execution of this Agreement, Tigard shall pay King City a fee of 5%of gross water system revenues generated by King City water users for use of King City rights of way for Water Supply System Assets and the Distribution System. The Parties agree that such payment is mutually agreed and voluntary. The fee may be revised by mutual agreement of the parties. VI. ANNEXATION 6.1 Service to Annexed Areas. Tigard has planned for and will provide water service according to anticipated densities under the applicable comprehensive plan and zoning codes of Tigard and King City. Tigard will also serve areas annexed to King City,areas added to the Urban Growth Boundary and any designated Urban Reserves where King City will ultimately be required to provide water service. Service will only be provided on annexation to King City or Tigard, unless the health hazard annexation statutory process compels Tigard to provide water service to the subject property(ies). VIII. WITHDRAWAL AND TERMINATION 7.1 Voluntary Withdrawal. If King City elects, King City may voluntarily withdraw from this Agreement without cause upon at least one (1)year prior written notice. Withdrawal will occur on the next July 1St being at least 12 months from the date of notice. Unless otherwise agreed by the parties, and except as provided in paragraph 7.5, Tigard will transfer back to King City the Distribution System Assets. Master meters will be installed at all connection points to the Distribution System located within King City's boundaries. Master meters will be owned by Tigard but installed at King City expense. If bonds or indebtedness have been incurred against the Water Supply System Assets or Distribution System Assets,withdrawal cannot occur until the debts have been paid or satisfactory arrangements to Tigard have been made for payment of the proportionate share of debt through a wholesale contract with Tigard where the calculated rate contains a debt service component or other repayment method agreed to by the parties. The most current edition of the American Water Works Association Principles of Water Rates, Fees, and Charges (known as M1 standards) will be used to determine wholesale rates. 7.2 Material Breach. In consideration of the conveyance of all right,title and interest to the Water Supply System Assets to Tigard in Exhibit 2, Tigard agrees to provide water service to King City. King City may terminate this agreement for material breach on first providing notice and 60 day opportunity to cure. Termination and withdrawal shall be effective on the date 24512.003\4847-6829-3662.v1 DRAFT specified in notice, unless the Parties agree otherwise in writing. 7.3 Notice and Opportunity to Cure. Tigard shall have 60 days from the date of notice of termination for breach in which to cure, or make substantial progress in curing the alleged breach. For purposes of this section, "substantial progress" shall mean that a minimum, Tigard has provided to King City reasonable assurances that it developed a solution to the breach and has the means and capability to implement the solution within a reasonable period of time. 7.4 Distribution System Assets. On termination, Tigard shall transfer to King City those Distribution System Assets located within King City's boundaries as provided in paragraph 7.1, unless otherwise agreed by the parties. If bonds or indebtedness have been incurred against the Water Supply System Assets or Distribution System Assets, withdrawal cannot occur until the debts have been paid or satisfactory arrangements to Tigard have been made for payment of the proportionate share of debt through a wholesale contract with Tigard where the calculated rate contains a debt service component or other repayment method agreed to by the parties. 7.5 Water Supply System Assets. Recognizing the conveyance to Tigard under Section 3.1, King City shall have no right to obtain or re-acquire ownership in any Water Supply System Asset wherever located. King City shall not re-acquire any Distribution System Assets owned by Tigard that serve Tigard users within or outside King City's boundaries. 7.6 Source. If King City terminates the Agreement and re-acquires the Distribution System, King City must negotiate a wholesale water purchase contract with Tigard or obtain its own source. If King City negotiates wholesale purchase contract with Tigard,then billings will be based on water through master meters according to the terms of the contract. The cost of the master meter, installation thereof, and master meter operations, maintenance repair and replacement will be included in the rate. The proportionate cost of debts under Sections 7.1 or 7.4 will also be included in the rate. 7.7 Cross Connections. If King City obtains water from another source, then in addition to the master meters at connection points, Tigard approved backflow prevention devices must be installed at the expense of King City, unless, in Tigard's sole discretion, it waives this requirement. 7.8 No Further Obligations. Following withdrawal and/or termination, King City shall be solely responsible for all aspects of the Distribution System transferred to King City. Tigard shall have no further responsibility for supply and shall be completely released from further obligations under this Agreement, known or unknown. VIII. DISPUTE RESOLUTION 8.1 The Parties hereby agree that resolution of any and all disputes, other than a declaration of material breach, arising out of the terms of this Agreement or interpretation thereof 24512.003\4847-6829-3662.v1 DRAFT shall follow the steps as set forth hereunder. Nothing shall prevent the disputing Parties from waiving any of the steps by mutual consent. 8.2 Dispute Resolution Steps. Step One (Negotiation): A Party who has a dispute will give written notice(Dispute Notice)to the other Party setting forth the reasons for such dispute. Within ten(10)calendar days following the Dispute Notice, each Party will designate an authorized representative to negotiate on behalf of the Party he/she represents and attempt to negotiate a proposed resolution. If the representatives negotiate a proposed resolution within ninety(90)days of the Dispute Notice,the representatives shall reduce the resolution to writing and submit the same for approval by the King City and Tigard city managers, subject to approval by the governing bodies if necessary. A resolution so approved shall be binding. If the proposed resolution is not approved within sixty(60) days,the Parties shall proceed to Step Two._ Step Two (Mediation): If the dispute cannot be resolved within the timeframe outlined in Step One,the Parties shall submit the matter to non-binding mediation. The Parties shall attempt to agree on a mediator. If they cannot agree, within thirty(30) days(or one hundred and ninety days 190 days of the Dispute Notice), the Parties will select a mediator through the Rules of the American Arbitration Association's Mediation Service or such other neutral service as the Parties may agree upon. Step Three(Legal Action): If the parties cannot agree on a mediator or if mediation is unsuccessful after two hundred and fifty(250) days from the date of Dispute Notice, a Party may initiate litigation in the Circuit Court of the State of Oregon for Washington County and may seek all available remedies. Each Party shall bear its own legal and expert witness fees at all stages of the dispute resolution process, including at trial or on any appeals. 8.3 Nothing in this Article or in Section 7.2 precludes King City from seeking immediate provisional relief from a court of competent jurisdiction if King City determines that such relief is necessary to address an immediate threat to the health, safety and welfare of the residents of King City arising from an alleged breach of this Agreement. IX. INDEMNITY AND INSURANCE 9.1 Mutual Indemnity. Subject to the Constitution and laws of the State of Oregon and the damage limitations of ORS 30.260 to 30.300, each Party shall defend, indemnify, and hold each other harmless from and against any and all claims, demands, suits,actions,judgments, recoveries, liabilities, damages, penalties, costs and expenses, including but not limited to 24512.003\4847-6829-3662.v1 DRAFT reasonable attorneys' fees resulting from damage to property or bodily injury, including death, to the extent caused by a Party's breach of this Agreement or the negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or appointed. The indemnification obligation provided in this section shall survive any withdrawal from, or any expiration or termination of this Agreement for the duration of any applicable statute of limitations. 9.2 Insurance. If Tigard hires a consultant or contractor to work on any portion of the Water Supply System or Water Distribution System located within King City's boundaries, the contract documents shall require that consultant/contractor obtain, prior to beginning any work, and maintain in full force and effect for the term of the contract, at consultant's/contractor's expense, comprehensive general liability, to include bodily injury and property damage on a combined single limit per occurrence and aggregate basis; automobile liability with a combined single limit coverage to include bodily injury and property damage; and other insurance appropriate to the work to be performed in amounts not less than what Tigard would typically require for similar work. The named insureds on any policies shall be the consultant/contractor, Tigard and King City. Consultant/contractor shall name Tigard and King City, their elected and appointed officials, officers, agents, employees and volunteers as additional insureds. The policies shall be primary to and non-contributory with any insurance or self-insurance carried by Tigard or King City, and shall be issued by a company authorized to do business in the State of Oregon. The consultant/contractor shall provide Tigard written notice within thirty(30) days of cancellation or material modification of the insurance contract at the addresses listed below. Consultant/contractor shall provide certificates of insurance and additional insured policy endorsement to Tigard prior to commencement of any work. If requested, complete copies of insurance policies shall be provided to Tigard and King City. Consultant/contractor shall be financially responsible for all pertinent deductibles, self-insured retention and/or self-insurance used to satisfy these requirements. X. GENERAL PROVISIONS 10.1 Amendments. Any Party may request changes to this Agreement. Amendments to this Agreement must be proposed in writing and approved by a vote of the governing body of each Party. 10.2 Access to Records. To the extent permitted by law, all records, accounts and documents relating to matters covered by this Agreement shall be subject to inspection, copying, review or audit by any requesting Party. Upon reasonable notice, during normal working hours, each Party shall provide the other Party with access to its facilities for copying said records at the requesting Party's expense. 24512.003\4847-6829-3662.v1 DRAFT 10.3 Public Records. a) Tigard and King City will comply all public records laws. A public records request will be reviewed to identify possible disclosure exemptions prior to disclosure of the record. 10.4 Confidential Information. If a Party considers any portion of a record it provides under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the Party shall clearly identify any specific information that it claims to be "Confidential." A Party receiving a request for a record marked as Confidential shall notify the other Party of the_request and the date that such record will be released to the requestor unless another Party obtains a court order to enjoin that disclosure. If another Party fails to timely obtain a court order enjoining disclosure, the receiving Party will release the requested information on the date specified. No Party shall be liable for any records that the Party releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. 10.5 Agreement Complete. This Agreement is a complete expression of the terms herein and any oral or written representations or understandings not incorporated herein are excluded. 10.6 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement. 10.7 Waiver. No term or provision of this Agreement shall be deemed waived and no breach excluded unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. 10.8 Subsequent Breach. Waiver of any default shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval of all Parties. 10.9 Rights Reserved. Except as specifically provided herein, each Party retains all rights and claims that may exist now or in the future against another Party. 10.10 Notice. Any notice shall be in writing and shall be addressed to the person designated below. Any notice may be given by certified mail, overnight delivery, facsimile, or personal delivery. Notice is deemed given when delivered. Email may be used for notice that does not allege a breach or dispute under this Agreement. The following contact information shall apply until amended in writing by a Party providing new contact information to each other Party. 24512.003\4847-6829-3662.v 1 DRAFT KING CITY TIGARD Name: City Manager Name: City Manager Address: 1680 SW 85th Avenue,Tigard,OR 97224 Address: 13125 SW Hall Blvd,OR 97223 Email: Email: Telephone: 503-547-8150 Telephone: 503-639-4171 Fax: Fax: 10.11 Partial Invalidity. If any of the provisions of this Agreement are held to be invalid, illegal or unenforceable,the remaining provisions shall remain in full force and effect. If the invalidated section is essential to the benefit of the bargain,the Parties will in good faith negotiate a replacement provision to make the Parties whole to the greatest extent possible. 10.12 Assignment. No Party may sell or assign any of its rights or benefits under this Agreement without approval of the governing bodies of each Party. 10.13 Survival. Unless otherwise provided in a deed or document transferring assets, the terms of this Agreement shall survive closing or transfer. CITY OF KING CITY CITY OF TIGARD By: By: ATTEST: ATTEST: City Recorder City Recorder Approval as to Form Approval as to Form City Attorney City Attorney 24512.003\4847-6829-3662.v1 i ^. 73-9 Legend • OProject Points ^, 1 Large Water Pipe 16"PIPE 1—18"PIPE l' G 20"PIPE —- 24"PIPE - -$ A ` 3 L. 6"PIPE ,,,IIII ' ® Water Reservoirs 734 1ITigard Water Service Property a 1', Tigard Water Service Boundary .r City Boundaries $9-B Beaverton Durham King City Lake Oswego „.."---'-.1 81-A 11° 1.-k\ Portland o Tigard - 8 f �/ Tualatin s 79-A 77-B 73-H I, - . is _ ',/ 91-A r 7-A 73-G a 6 4 /. ,-` 41 89-A II N A li\st-Lr' .-7----------- --"Li, .7 0 1,2502,500 5,000 7,500 10,000 Feet Exhibit 2-1 Water Supply System Assets Any and all water pipelines, valves, hydrants, meters, air release valves and any other appurtenance above or below ground of whatsoever kind and wherever situate owned by the City of King City within the area set forth on Exhibit 2-2. Also any other Water Supply System Assets or Other Assets as defined in the Intergovernmental Water Board Agreement effective July 1, 1993 to which the City of King City has an interest or subsequently is determined to have an interest. • _ Legend _! 1,1 ‘., 4 - — Water Mainlines � 'a . Water Mainlines TER ! I � King City Water Lines ; , - i t KingCity ASPEN _,/ later V •I _'_' caowNtxv r i _ SUMMIT - _ / _ NRJ�fC!/ Y :9 pf .i G.4 / ¢° I � r a 0.e.p4/ I A'S,77,' ' - ' ■1 t..--- o��� .s• tie /I. IfE �T - j9j1�'v 1� MI f41T1 i I SEE • _. II lam... '4 4-7 i -- - l 1 l , .�I KING CNARLESRVEi - �� I ,1 ; _7H_ ........_i____ 4....., 4., i I ,__ V 1 I. f,iyi il ri .. ,, r JORDAN ' fl O .. I [ 1 _ 2 b, �_ TEMPI.,, ; _ {6. f , .. -,. 4.�".i_ I K r �.. � � �"_ �ICNiWD'DK 1 I. - I, ,Ir____--`_ir ,...- ROYAL VIIIA OR R. r -��—_ q i I 4.VfRWIL{„ l Y r 5 Thi r 1i I "IOORAD00 v L'..,1.-4 1-.i t 7_') DRAFT September n 40i4 Intergovernmental Agreement Regarding Water System Ownership and Water Service This Intergovernmental Agreement Regarding Water System Ownership and Water Service(Agreement)is made by and between the City of Tigard,a municipal corporation of the State of Oregon(Tigard)and the City of King City,a municipal corporation of the State of Oregon(King City). RECITALS WHEREAS,effective July 1, 1993,the Cities of Tigard,Durham and King City withdrew the area and water system infrastructure within their boundaries from the Tigard Water District. In lieu of the division of Tigard Water District assets as provided by 222.540,the City of Tigard entered into intergovernmental agreements for the delivery of water service to areas within the then-existing District boundaries including the cities of Durham,King City and the Tigard Water District;and, WHEREAS,this arrangement was memorialized in three separate agreements(IWB Agreements)between Tigard and the City of Durham,Tigard and the City of King City,and Tigard and the Tigard Water District;and WHEREAS,the IWB Agreements provided,among other things,for City of Tigard operation and management of the entire water system wherever located and that all users within the Tigard Water Service Area would obtain service at the same rates and on the same terms and conditions; and WHEREAS,the IWB Agreements also provided for participation by the Parties through an Intergovernmental Water Board to make recommendations on various water-related issues to the Tigard City Council;and WHEREAS,the City of Tigard has provided all services under the IWB Agreements since their effective date and the existing IWB Agreements expire on December 31,2018.Tigard desires, and King City is willing,to continue with the existing IWB Agreement with the City of Tigard until December 31, 2018 or such time as the all of the IWB Agreements are terminated, whichever first occurs, and then transfer complete ownership and responsibility of the Water Supply System Assets within King City and to supply water to King City; WHEREAS,entry into this Agreement by the Parties is consistent with ORS 225.020 and the Parties' respective city charters,municipal codes,comprehensive plans and public facilities Plans; and WHEREAS,pursuant to the Tigard City Charter and ORS 225.020,Tigard has the authority to acquire,own and operate the King City water system located outside the incorporated boundaries of Tigard and provide direct service to King City water system users;and 24512 003\4847-6829-3662 v 1 DRAFT ate WHEREAS,as set forth below in the terms and conditions of this Agreement,King City desires to transfer ownership and responsibility of the water system to Tigard and Tigard agrees to: a) Assume ownership and full responsibility to operate,maintain and repair the King City water system,and b) Continue to supply water and to secure future supply as needed,and c) Provide all water-related administration;and WHEREAS,the parties have authority to enter into this Agreement pursuant to ORS 190.003 through 190.030,and being fully advised. NOW,THEREFORE THE PARTIES AGREE AS FOLLOWS: I.DEFINITIONS 1.1 "City of King City"shall mean the City of King City,an Oregon municipal corporation (King City). 1.2 "City of Tigard"shall mean the City of Tigard,an Oregon municipal corporation (Tigard). 1.3 "Distribution System"or"Distribution System Assets"shall mean the potable water distribution systems of each Party providing direct service to that Party's system users through pipelines twelve(12)inches or less in diameter. 1.4 "Intergovernmental Water Board Agreements,"shall mean those three(3)separate agreements that took effect on January 1, 1994,between Tigard and the City of Durham,Tigard and the City of King City,and Tigard and the Tigard Water District(IWB Agreements). 1.5 "Oregon Health Authority"shall,mean the State of Oregon Health Authority(OHA). 1.6 "Party"or"Parties"shall mean any signatory entity to this Agreement or any other local government or domestic water supply district that may join this Agreement:"Safe Drinking Water Act,"shall mean the Federal Safe Drinking Water Act of 1974 as amended (SDWA). 1.7 "Tigard Water Services Area,"shall mean the area of the Tigard Water District,as it existed on July 1, 1993,the effective date of the IWB Agreements and as set forth on Exhibit 1, attached and incorporated by reference and all additions to the TWSA by annexation to either Party,amendments to the Urban Growth Boundary or designation as Urban Reserve. 1.8 "Water Supply System"or"Water Supply System Assets"shall mean all water sources and facilities,appurtenances,real property and personal property used in treatment,pumping, storage and transmission of potable water within the TWSA to provide water to distribution system. 24512.003\4847-6829-3662.v 1 DRAFT September 8 9014 II.EFFECTIVE DATE 2.1 The effective date of this Agreement is January 1,2015 and shall continue in perpetuity unless terminated as provided in Article VIII. III.OWNERSHIP 3.1 Water Supply System Assets. In consideration of the assumption of obligations and responsibilities by Tigard in Article IV below,effective on termination of the IWB Agreement between Tigard and King City King City grants,conveys,transfers and assigns all ownership right,title and interest in any and all Water Supply System Assets that King City owns or has any rights of whatsoever kind and wherever situated in the TWSA to Tigard and Tigard accepts ownership AS-IS. The Water Supply System Assets are identified on Exhibit 2,attached hereto and incorporated by reference. King City agrees to execute all documents to effectuate such conveyances as requested by Tigard. Upon conveyance,Tigard will own 100%of King City's interest in the Water Supply System Assets wherever situated and King City shall have no shared ownership or tenancy in common in any Water Supply System Asset. 3.2 Distribution System Asset. In consideration of the assumption of obligations and responsibilities by Tigard in Article IV below,effective on termination of the 1WB Agreement between Tigard and King City,King City grants,conveys,transfers and assigns all ownership right,title and interest in any and all King City Distribution System Assets of whatsoever kind and wherever situated within the incorporated area of King City to Tigard and Tigard accepts ownership AS-1S. The Distribution System Assets are identified on Exhibit 3, attached hereto and incorporated by reference. King City agrees to execute all documents to effectuate such conveyances as requested by Tigard. Upon conveyance,Tigard will own 100% of the Distribution System Assets located within King City's boundaries and King City shall have no shared ownership or tenancy in common in any Distribution System Assets. 3.3 IWB. King City,with Tigard approval which shall not be unreasonably withheld shall appoint the representative to the IWB until December 31,2018 IV.TIGARD COVENANTS AND OBLIGATIONS In consideration of the terms of this agreement and King City's release,transfer and conveyance of assets in Article III above,Tigard agrees to: fFormatted:Underline 1. Water Supply. Secure and supply all water to King City at the same quality and quantity and on the same terms,conditions and price for the same customer types and classes as exist in Tigard. Tigard has obtained water supply sources and will continue to develop water supply sources to achieve reliable and redundant supplies for the future demands of King City including present boundaries,areas within the Urban Growth Boundary that may be annexed and urban reserves. Tigard agrees to provide water to King City so long as King City is a Party to this Agreement. 24512.003\4847-6829-3662.vI DRAFT ep4e.nbcr O ')014 2. System Management. Tigard will plan,design,build,finance,operate,maintain,repair and replace those components of the Water Supply System and the Distribution System located within King City's boundaries as necessary for source,treatment,transmission,pumping and storage in a manner comparable to such systems in the City of Tigard and to deliver water as necessary to King City water system users with recovery of costs through rates so that users in King City pay their share under Section 4.9 below. 3. Curtailment. Tigard maintains a curtailment plan to meet shortages in water supply. Curtailment shall be consistent and equal throughout Tigard and King City so that all users are treated equally. 4. Demand Forecasting. Tigard will be responsible for demand forecasting and planning based on population or other information provided by King City. King City will provide information as reasonably requested by Tigard to enable Tigard to complete this task. 5. Regulatory Matters. Tigard will be responsible for compliance with all federal and state statutes,rules and administrative processes related to water source and water supply and the Distribution Systems within King City. Tigard will provide or will contract for all water quality sampling,testing,monitoring and reporting for SDWA and OHA compliance,as well as any other required reporting for regulatory compliance.Tigard will provide all interfaces with the Oregon Water Resources Department and other related regulatory agencies regarding provision of drinking water. 6. Cross Connection Control. Tigard maintains and will continue to maintain a cross connection and backflow prevention program that meets current state rules and regulations. 7. Mapping. King City will provide all available maps,drawings,as-builts,AUTOCADS, - {Formatted:Underline or other information to enable Tigard to develop a mapping system compatible with Tigard's information system 8. Budget. Tigard's requested budget will be provided to King City _- {Formatted:Underline yea-for review within 7 days following submission to Tigard's Budget Officer.King City may provide comments or questions to Tigard rior to the first meeting of the Tigard Budget Committee. The Tigard City Council is the sole and final decision maker on budget and rate matters. I9. Rate Methodology. Tigard will be responsible for calculation of rates and charges, {Formatted:Underline including system development charges,as related to the Water Supply System. Tigard will adopt rates in accordance with the current edition of the American Water Works Association Principles of Water Rates, Fees, and Charges(known as M1 standards),including any system-related debt coverage requirements.Tigard will include in the rates such amounts it deems necessary for the 24512.003\4847.6829-3662.v1 DRAFT 4 operation,maintenance,repair and replacement of the Distribution System located within King City's boundaries.Tigard and King City users shall obtain service at the same rates and on the same terms and conditions. 10. Billing. Tigard will assume all billing and collection functions,including management of any existing agreements King City may have for meter reading and other billing and collection services. King City may include a newsletter to citizens to be included in customer bills so long as Tigard does not incur additional costs beyond a typical bill. If inclusion of a newsletter or other publication increases mail processing costs,(printing,folding,stuffing,etc.),or postage costs,King City must pay the additional costs. 11. Public Relations. Tigard will be responsible for communications and public messaging regarding water-related issues involving King City. Tigard will make reasonable efforts to first inform or consult with King City regarding announcement of significant changes or matters that may be controversial. 12. Council/City Staff Meetings.Tigard representatives familiar with the Distribution System located within King City's boundaries or familiar with current issues of interest to King City will attend King City City Council meetings and will meet with the King City city manager as requested. 13. Emergency Service. Tigard will respond to water emergencies 24-hours-a-day,including weekends and holidays.Tigard will retain records of emergency calls in accordance with Oregon public records law. King City will forward all water emergency calls to Tigard. 14. Water Management and Conservation. Tigard will be responsible for all water management and conservation planning as required by the Oregon Water Resources Department. Tigard will also be responsible for the water master planning as required by the Oregon Health Authority. In the course of water management and conservation planning,Tigard may perform water audits and leak detection services in the Distribution System located within King City's boundaries. Tigard will provide King City a reasonable opportunity to review and comment on water management and conservation matters affecting King City. 15. System Operation and Maintenance. Tigard will operate and maintain the Distribution System located within King City's boundaries in a manner comparable to the Distribution System within the City of Tigard. Tigard will install services and meters as needed in accordance with Tigard's standards. Additions,replacements or repairs to the Distribution System will be according to Tigard's standards for construction. Tigard will develop maintenance schedules consistent with prudent water utility practices. Tigard will be responsible for service requests and account inquiries. 24512.003\4847-6829-3662.v I DRAFT Septembe4 16. Capital Improvement. Tigard will be responsible to budget and appropriate money for capital improvements. Capital improvements shall be made according to Tigard's Capital Improvement Plan and timing of projects reasonably designated by Tigard. Tigard will manage the Capital Improvement Program. All capital improvements shall be constructed according to Tigard construction standards. Tigard will provide King City with an opportunity to review and comment on proposed capital improvement plan amendments and the timing of projects that directly relate to water system assets located in or directly impacting King City. 17. Telemetry. Tigard will manage,maintain,and upgrade or replace,as necessary,the telemetry system. King City will cooperate when radio frequency license renewal is required,if necessary. 18. Activities in King City's Right of Way. King City will not charge Tigard any right of way permit fees for water-related projects. Except in case of emergency,Tigard will obtain the appropriate permits prior to working in King City's right of way. Tigard will make reasonable efforts to notify King City of projects affecting King City's right of way so that King City may coordinate traffic and other construction-related impacts. 19. Pay Stations. King City will designate publicly accessible location(s)for pay stations where users can submit Tigard utility payments. 20. Consumer Confidence Reports. Tigard will provide consumer confidence reports to King City users,commencing with the report due June 30,2014. 21. New Development. King City shall refer all applicants who require water service to Tigard. Tigard will review and provide comments to King City on development applications. These comments will be provided within the timelines set in current land use statutes. Tigard will provide the review,approval of engineering plans,inspections and final acceptance of additions or modifications to the water Distribution System. The Tigard City Engineer has the authority regarding public water Distribution System improvement design standards,including any variances within those standards. 22. Debt. Tigard shall not incur general obligation bonds or indebtedness agaifist-thethat is a lien against real property regarding Water Supply System Assets or Distribution System Assets,or obligate King City or its residents to repay any such debt,without the prior approval of King City. This restriction shall not apply to bonds or indebtedness backed solely by water system revenues from King City and Tigard water users.Nothing in this agreement imposes any additional responsibility on King City or its residents for debt incurred prior to the termination of the IWB Agreement except as provided in the IWB Agreement. 23. Other Matters. Tigard will perform such other functions as the Parties hereto mutually agree in writing. 24512.003\4847-6829-3662.v l DRAFT eptcmbcr 4 7014 V.RIGHT OF WAY 5.1 Use and Occupancy. Tigard shall have the right to use and occupy the streets and roads of King City where Water Supply System Assets or the Distribution System now exist or are installed in the future,subject to obtaining a right of way permit for activities within King City right of way and in accordance with King City's street standards. 5.2 Fee for Use of Right of Way._ Formatted:Body Text,Indent:Left: 0.07", Effective 60 days from the date of execution of this Agreement,Tigard shall pay King City a fee of • Space Before: 0 pt,Outline numbered+Level: 2+Numbering Style: 1,2,3,...+Start at: 1+ 5%of gross water system revenues generated by King City water users for use of King City rights Alignment:Left+Aligned at: -0.43"+Indent of way for Water Supply System Assets and the Distribution System.The Parties agree that such at: 0.07",Tab stops: 0.57",Left payment is mutually agreed and voluntary. The fee may be revised by mutual agreement of the {Formatted:Indent:Left: 0" parties. VI.ANNEXATION 6.1 Service to Annexed Areas. Tigard has planned for and will provide water service according to anticipated densities under the applicable comprehensive plan and zoning codes of Tigard and King City. Tigard will also serve areas annexed to King City,areas added to the Urban Growth Boundary and any designated Urban Reserves where King City will ultimately be required to provide water service. Service will only be provided on annexation to King City or Tigard,unless the health hazard annexation statutory process compels Tigard to provide water service to the subject property(ies). VIII.WITHDRAWAL AND TERMINATION 7.1 Voluntary Withdrawal. If King City elects,King City may voluntarily withdraw from this Agreement without cause upon at least one(1)year prior written notice. Withdrawal will occur on the next July le being at least 12 months from the date of notice. Unless otherwise agreed by the parties,and except as provided in paragraph 7.5,Tigard will transfer back to King City the Distribution System Assets. Master meters will be installed at all connection points to the Distribution System located within King City's boundaries. Master meters will be owned by Tigard but installed at King City expense. If bonds or indebtedness have been incurred against the Water Supply System Assets or Distribution System Assets,withdrawal cannot occur until the debts have been paid or satisfactory arrangements to Tigard have been made for payment of the proportionate share of debt through a wholesale contract with Tigard where the calculated rate contains a debt service component or other repayment method agreed to by the parties.The {Formatted:Not Highlight most current edition of the American Water Works Association Principles of Water Rates, Fees, and Charges(known as Ml standards) will be used to determine wholesale rates. 7.2 Material Breach. In consideration of the conveyance of all right,title and interest to the Water Supply System Assets to Tigard in Exhibit 2,Tigard agrees to provide water service to King City. King City may terminate this agreement for material breach on first providing notice 24512 003\4847.6829-3662.v I DRAFT fe..tcmbcr O 9014 and 60 day opportunity to cure. Termination and withdrawal shall be effective on the date specified in notice,unless the Parties agree otherwise in writing. 7.3 Notice and Opportunity to Cure. Tigard shall have 60 days from the date of notice of termination for breach in which to cure,or make substantial progress in curing the alleged breach. For purposes of this section,"substantial progress"shall mean that a minimum,Tigard has provided to King City reasonable assurances that it developed a solution to the breach and has the means and capability to implement the solution within a reasonable period of time. 7.4 Distribution System Assets. On termination,Tigard shall transfer to King City those Distribution System Assets located within King City's boundaries as provided in paragraph 7.1, unless otherwise agreed by the parties. If bonds or indebtedness have been incurred against the Water Supply System Assets or Distribution System Assets,withdrawal cannot occur until the debts have been paid or satisfactory arrangements to Tigard have been made for payment of the proportionate share of debt through a wholesale contract with Tigard where the calculated rate contains a debt service component or other repayment method agreed to by the parties. 7.5 Water Supply System Assets. Recognizing the conveyance to Tigard under Section 3.1, King City shall have no right to obtain or re-acquire ownership in any Water Supply System Asset wherever located. King City shall not re-acquire any Distribution System Assets owned by Tigard that serve Tigard users within or outside King City's boundaries. 7.6 Source. If King City terminates the Agreement and re-acquires the Distribution System, King City must negotiate a wholesale water purchase contract with Tigard or obtain its own source. If King City negotiates wholesale purchase contract with Tigard,then billings will be based on water through master meters according to the terms of the contract. The cost of the master meter,installation thereof,and master meter operations,maintenance repair and replacement will be included in the rate. The proportionate cost of debts under Sections 7.1 or 7.4 will also be included in the rate. 7.7 Cross Connections. If King City obtains water from another source,then in addition to the master meters at connection points,Tigard approved backflow prevention devices must be installed at the expense of King City,unless,in Tigard's sole discretion,it waives this requirement. 7.8 No Further Obligations. Following withdrawal and/or termination,King City shall be solely responsible for all aspects of the Distribution System transferred to King City. Tigard shall have no further responsibility for supply and shall be completely released from further obligations under this Agreement,known or unknown. VIII. DISPUTE RESOLUTION 8.1 The Parties hereby agree that resolution of any and all disputes,other than a declaration 24512.003\4847-6829-3662.v 1 DRAFT September Q ,014 of material breach,arising out of the terms of this Agreement or interpretation thereof shall follow the steps as set forth hereunder. Nothing shall prevent the disputing Parties from waiving any of the steps by mutual consent. 8.2 Dispute Resolution Steps. Step One(Negotiation): A Party who has a dispute will give written notice(Dispute Notice)to the other Party setting forth the reasons for such dispute. Within ten(10)calendar days following the Dispute Notice,each Party will designate an authorized representative to negotiate on behalf of the Party he/she represents and attempt to negotiate a proposed resolution. If the representatives negotiate a proposed resolution within ninety(90)days of the Dispute Notice,the representatives shall reduce the resolution to writing and submit the same for approval by the King City and Tigard city managers,subject to approval by the governing bodies if necessary. A resolution so approved shall be binding. If the proposed resolution is not approved within sixty(60)days,the Parties shall proceed to Step Two._ Step Two(Mediation): If the dispute cannot be resolved within the timeframe outlined in Step One,the Parties shall submit the matter to non-binding mediation. The Parties shall attempt to agree on a mediator. If they cannot agree,within thirty(30)days(or one hundred and ninety days 190 days of the Dispute Notice),the Parties will select a mediator through the Rules of the American Arbitration Association's Mediation Service or such other neutral service as the Parties may agree upon. Step Three(Legal Action): If the parties cannot agree on a mediator or if mediation is unsuccessful after two hundred and fifty(250)days from the date of Dispute Notice,a Party may initiate litigation in the Circuit Court of the State of Oregon for Washington County and may seek all available remedies. Each Party shall bear its own legal and expert witness fees at all stages of the dispute resolution process,including at trial or on any appeals. 8.3 Nothing in this Article or in Section 7.2 precludes King City from seeking immediate provisional relief from a court of competent jurisdiction if King City determines that such relief is necessary to address an immediate threat to the health,safety and welfare of the residents of King City arising from an alleged breach of this Agreement. IX. INDEMNITY AND INSURANCE 9.1 Mutual 1pdemnity. Subject to the Constitution and laws of the State of Oregon and the {Formatted:Underline damage limitations of ORS 30.260 to 30.300,each Party shall defend,indemnify,and hold each other harmless from and against any and all claims,demands,suits,actions,judgments, 24512.003\4847-6829-3662.v1 DRAFT Sep4 recoveries,liabilities,damages,penalties,costs and expenses,including but not limited to reasonable attorneys' fees resulting from damage to property or bodily injury,including death, to the extent caused by a Party's breach of this Agreement or the negligent actions or omissions of that Party,or its employees,servants,agents,or officers elected or appointed. The indemnification obligation provided in this section shall survive any withdrawal from,or any expiration or termination of this Agreement for the duration of any applicable statute of limitations. 9.2 1psurance. If Tigard hires a consultant or contractor to work on any portion of the Water {Formatted:Underline Supply System pr Water Distribution System located within King City's boundaries,the contract {Formatted:Not Highlight documents shall require that consultant/contractor obtain,prior to beginning any work,and maintain in full force and effect for the term of the contract,at consultant's/contractor's expense, comprehensive general liability,to include bodily injury and property damage on a combined single limit per occurrence and aggregate basis;automobile liability with a combined single limit coverage to include bodily injury and property damage;and other insurance appropriate to the work to be performed in amounts not less than what Tigard would typically require for similar work. The named insureds on any policies shall be the consultant/contractor,Tigard and King City. Consultant/contractor shall name Tigard and King City,their elected and appointed officials,officers,agents,employees and volunteers as additional insureds. The policies shall be primary to and non-contributory with any insurance or self-insurance carried by Tigard or King City,and shall be issued by a company authorized to do business in the State of Oregon. The consultant/contractor shall provide Tigard written notice within thirty(30)days of cancellation or material modification of the insurance contract at the addresses listed below. Consultant/contractor shall provide certificates of insurance and additional insured policy endorsement to Tigard prior to commencement of any work. If requested,complete copies of insurance policies shall be provided to Tigard and King City. Consultant/contractor shall be financially responsible for all pertinent deductibles,self-insured retention and/or self-insurance used to satisfy these requirements. X.GENERAL PROVISIONS 10.1 Amendments. Any Party may request changes to this Agreement.Amendments to this Agreement must be proposed in writing and approved by a vote of the governing body of each Party. 10.2 Access to Re.cords. To the extent permitted by law,all records,accounts and documents {Formatted:Underline relating to matters covered by this Agreement shall be subject to inspection,copying,review or audit by any requesting Party. Upon reasonable notice,during normal working hours,each Party shall provide the other Party with access to its facilities for copying said records at the requesting Party's expense. 24512.003\4847.6829-3662.v1 DRAFT September-8,-20-14 10.3 rublic Records. ---{Formatted:Underline a) Tigard and King City will comply all public records laws. A public records request will be reviewed to identify possible disclosure exemptions prior to disclosure of the record. 10.4 Confidential Information. If a Party considers any portion of a record it provides under this Agreement,whether in electronic or hard copy form,to be protected from disclosure under law,the Party shall clearly identify any specific information that it claims to be"Confidential." A Party receiving a request for a record marked as Confidential shall notify the other Party of the request and the date that such record will be released to the requestor unless another Party obtains a court order to enjoin that disclosure. If another Party fails to timely obtain a court order enjoining disclosure,the receiving Party will release the requested information on the date specified. No Party shall be liable for any records that the Party releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. 10.5 Agreement Complete. This Agreement is a complete expression of the terms herein and any oral or written representations or understandings not incorporated herein are excluded. 10.6 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement. 10.7 Waiver. No term or provision of this Agreement shall be deemed waived and no breach excluded unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. 10.8 Subsequent Breach. Waiver of any default shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval of all Parties. 10.9 Rights Reserved. Except as specifically provided herein,each Party retains all rights and claims that may exist now or in the future against another Party. 10.10 Notice. Any notice shall be in writing and shall be addressed to the person designated below. Any notice may be given by certified mail,overnight delivery,facsimile,or personal delivery. Notice is deemed given when delivered. Email may be used for notice that does not allege a breach or dispute under this Agreement. The following contact information shall apply until amended in writing by a Party providing new contact information to each other Party. •-- - Formatted:List Paragraph,Right: 0",Line spacing: single, No bullets or numbering,Tab • stops:Not at 0.58" -18-18 Formatted:Indent:Left: 0.08", No bullets or numbering 24512.003\4847-6829-3662.v1 DRAFT eptembcr s 7014 Address. 16580 SW 85 , , Email: Telephone:503 517 8150 Fee+ {Formatted:Indent:Left: 0" Formatted:Body Text,Indent:Left: 0.57", • Space Before: 7.45 pt Menegei {Formatted:Space Before: 7.45 pt • Formatted:Right: 0",Space Before: 7.45 pt, :: _ - .. _ . :, :, = • - Line spacing: single Telephone:303-639-4 7-1 Fax: {Formatted:Font: 10 pt ,ACING CITY TIGARD Name:City Manager Name:City Manager Address: 1680 SW 851h Avenue,Tigard,OR 97224 Address: 13125 SW Hall Blvd,OR 97223 Email: Email: Telephone:503-547-8150 Telephone:503-639-4171 Fax: Fax. • Formatted:Right: 0",Space Before: 7.45 pt, Line spacing: single 10.11 Partial Invalidity. If any of the provisions of this Agreement are held to be invalid,illegal or unenforceable,the remaining provisions shall remain in full force and effect. If the invalidated section is essential to the benefit of the bargain,the Parties will in good faith negotiate a replacement provision to make the Parties whole to the greatest extent possible. 10.12 Assignment. No Party may sell or assign any of its rights or benefits under this Agreement without approval of the governing bodies of each Party. 10.13 Survival. Unless otherwise provided in a deed or document transferring assets, the terms of this Agreement shall survive closing or transfer. CITY OF KING CITY CITY OF TIGARD By: By: ATTEST: ATTEST: City Recorder City Recorder 24512 003\4847-66829-3662 v 1 DRAFT September II 7014 Approval as to Form Approval as to Form City Attorney City Attorney Formatted:Indent:Left: 0" 4817 8350 3124,v. 1 9620 9684,v. 1 5299 1252,v. I 24512.003\4847-6 6829-3662.v1 AIS-1917 6. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 15 Minutes Agenda Title: CONSIDER ADOPTION OF STRATEGIC PLAN VISION Prepared For: Marty Wine Submitted By: Carol Krager,City Management Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Adoption of the city's 2014-2034 Strategic Plan. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends council adoption of the Strategic Plan and Vision for Tigard to be"The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives." KEY FACTS AND INFORMATION SUMMARY The goal of the city's Strategic Plan is to provide guidance and direction for the city's priorities over the long term (next 20 years).Proactively planning for the city's growth provides an opportunity for the city to grow and develop in a way that is focused,thoughtful and unique.This plan does this by leveraging and building on Tigard's existing strengths and aiming to continue to grow Tigard as a thriving,desirable place to live,work and play. This Strategic Plan will also inform the allocation of limited city resources to both long and short term goals. The goal of the Vision- 'The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives"-is to create a unique,vibrant identity for the city,not a vision that could describe any city anywhere.Along with the vision there are four Strategic Goals: •Facilitate walking connections to develop an identity. •Ensure walking advances the vision. •Engage the community through dynamic communication. •Fund the vision while maintaining core services. At the November 18 Council Workshop meeting council heard from some community members and staff about the community's reaction to the proposed vision.People have been overwhelmingly positive in their feedback and offered a variety of suggestions for advancing the Strategic Plan and Vision. OTHER ALTERNATIVES Direct staff to provide additional information on implementation of the Strategic Plan before council considers adoption. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION January 10, 2013 January 29, 2013 May 21, 2013 September 17, 2013 April,2014 November 18,2014 Attachments Resolution Strategic Plan CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 14- A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING THE 2014 - 2034 STRATEGIC PLAN INCLUDING A VISION AND FOUR STRATEGIC GOALS WHEREAS, the goal of a Strategic Plan for the City of Tigard is to provide guidance for the city's priorities over the next 20 years;and WHEREAS,proactively planning for the city's growth provides an opportunity to grow the city in a way that is thoughtful and unique;and WHEREAS,this Strategic Plan leverages and builds on Tigard's existing strengths and aims to continue to grow Tigard as a thriving,desirable place to live and play;and WHEREAS, this Strategic Plan will also inform the allocation of limited city resources to both long and short term goals. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby adopts the 2014— 2034 Strategic Plan and Vision as "The most walkable community in the Pacific Northwest where people of all ages enjoy healthy and interconnected lives." SECTION 2: Implementation of the Strategic Plan shall be guided by the four Strategic Goals: • Facilitate walking connections to develop an identity. • Ensure development advances the vision. • Engage the community through dynamic communication. • Fund the vision while maintaining core services. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2014. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 14- Page 1 AIS-1944 7. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 15 Minutes Agenda Title: Adopt 2015 State and Federal Legislative Agendas Prepared For: Liz Newton,City Management Submitted By: Norma Alley,City Management Item Type: Motion Requested Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Adoption of the city's 2015 State and Federal Legislative Agenda. STAFF RECOMMENDATION/ ACTION REQUEST Adopt the city's State and Federal Legislative Agendas for 2015 and direct staff to prepare brochures for distribution to state and federal elected representatives,agencies and interested citizens. KEY FACTS AND INFORMATION SUMMARY On October 14,2014 council discussed state and federal legislative priorities and directed staff to prepare State and Federal Legislative Agendas for adoption on November 25,2014.A copy of the October 14,2014 council packet material is attached for reference.A summary listing of both state and federal legislative priorities identified by council follows: State Legislative Agenda •Support funding and policies to facilitate for brownfield mediation and clean-up. •Allow for price comparison when procuring the services of architects and engineers. •Oppose preemption of the ability of cities to manage and receive compensation for the use of public ROW. •Property Tax Reform: •Support referral to voters that would allow local control of temporary property tax outside of statewide caps; •Support an amendment of the state constitution that would reset a property's assessed value to its real market value at the time of sale or construction; •Support a statutory change regarding the way new property is added to the tax rolls to provide the option of applying a city-wide changed property ratio to new property. •Support passage of a comprehensive transportation funding and policy package to address multi-modal needs.with a priority of maintaining and preserving existing infrastructure. •Advocate for legislative changes that will clarify and enhance public safety and local control related to marijuana dispensaries. •Support increased resources for persons with mental health issues,especially in crisis situations. •Request funding for infrastructure to support development of the underutilized Hunziker Industrial Core and support funding for SB 246 which would provide funds and authority to Business Oregon which could assist in assembling infrastructure funding for the area. •Support legislative priorities that address traffic congestion. economic development and jobs. Although not considered during council discussion on October 14,council may want to add a request for funding sidewalks on Hall Blvd,to the State Legislative Agenda. Hall Blvd.is a state highway and during the outreach staff conducted on the city's proposed strategic vision,sidewalks on Hall Blvd.was the most mentioned priority for sidewalk connections. In addition,at the council's discussion on Climate Smart Communities at the October 21 meeting,councilors raised the issue of advocating for change from the city's fiscal year calendar;(mandated by the state as July 1 to June 30) to a calendar that better coincides with the legislative session.There was also discussion at that meeting about advocating for legislative funding of the Oregon Transportation Forum on Climate Smart Communities. Federal Legislative Agenda: •Support a Robust Transportation Reauthorization Bill including: •The bipartisan Innovations in Surface Transportation Act(H.R. 4726/S.2891) that would put transporation funds in the hands of local communities. •Safe Routes to School (SRTS) funding that would allow states the option to reduce or waive the matching requirements for low income applicants. •The Bicycle and Pedestrian Safety Act(H.R. 3494/S. 1708)which would require the US Department of Transportation to set a performance measure to reduce the number of bicyclists and pedestrians killed on our roads. •Support reallocating funds from the COPS Hiring program to the COPS technology program to fund equipment upgrades to comply with federal mandates. •Support maintenance of FY 2015 program levels for TIGER,CDBG,HOME,BYRNE,COPS Technology and EDA. •Support protecting tax exempt municipal bonds from being eliminated or limited. •Secure a Tigard Zip Code. Upon adoption of the State and Legislative Agendas staff will prepare agendas brochures including descriptions,costs and benefits. OTHER ALTERNATIVES Modify the proposed State and/or Federal Legislative Agenda. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION July 22,2014-Council consensus on recommendations for the 2015 LOC Legislative priorities. October 14,2014-Council held discussion on priorities for the 2015 State and Federal Legislative agendas. Attachments October 14,2014 council meeting packet materials rrint Hgenaa item summary rage 1 of 4 AIS-1911 10. Business Meeting Meeting Date: 10/14/2014 Length (in 25 Minutes minutes): Agenda Title: LEGISLATIVE UPDATE Prepared For: Liz Newton, Submitted By: Carol Krager, City Management Item Type: Update,Discussion, Direct Staff Meeting Type: Council Business Meeting-Main Public Hearing: No Publication Date: Information ISSUE Develop the city's legislative agenda for the upcoming 2015 Oregon Legislative session and the 2105 Federal Legislative agenda. STAFF RECOMMENDATION /ACTION REQUEST Discuss the city's 2015 state and federal legislative priorities and direct staff to prepare State and Federal Legislative Agendas for consideration and adoption on November 25,2104. KEY FACTS AND INFORMATION SUMMARY Each fall, city council adopts state and federal legislative priorities for the coming year. The purpose of this discussion is to provide council an opportunity to review priorities from the past year, consider council goals,citizen's priorities,and issues and opportunities the city may face in the coming year and reach consensus on priorities for 2015. State Legislative Priorities: A copy of the 2014 Legislative Agenda including the status of each issue is attached. In summary, there was movement on several of the city's priorities. Oregon voters will consider legalizing recreational marijuana in November.The city has adopted an ordinance that would tax marijuana and will consider regulations regulating"time and place" of dispensaries in the coming months. Legislation passed to include prepaid cellular devices and services under the 9-1-1 tax.There was little movement on transportation funding. Legislation on franchise fee equity was delayed until 2015. On July 22, 2014 council reviewed and discussed the League of Oregon Cities call for legislative priorities and considered staffs recommended priorities.After discussion,council consensus was to forward the following priorities to LOC: Brownfield mediation Transportation funding Allow for price comparison when procuring architects and engineers Improve the fairness of how new and improved property is added to the tax roll Support repeal of ORS 221.515 Oppose preemption of the ability of cities to manage and receive compensation for the use of http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=1911&rev num=0&mode=Extema... 11/16/2014 Print Agenda Item Summary Page 2 of 4 public ROW. In September the mayor and assistant city manager attended the League of Oregon Cities conference in Eugene and sessions previewing the League's five priorities.A more detailed description is attached. • Property Tax Reform: o Voter Control Referral -This proposed constitutional referral would allow local voters to consider a temporary property tax outside of statewide tax caps.The referral would not raise anyone's taxes but would empower voters to authorize a tax for local operations. o Reset at Sale -This proposed constitutional amendment would reset a property's assessed value to its real market value at the time of sale or construction. o Change Property Tax Ratio-This statutory change would change the way new property is added to the tax rolls. • Transportation Funding-Passage of a comprehensive funding and policy package to address multimodal needs,with a top priority of maintaining and preserving existing infrastructure. • Medical Marijuana Dispensaries -Advocate for legislative changes that will clarify and enhance public safety and local control related to marijuana. • Right of Way Management-Protect local home rule authority to manage public rights of way and receive compensation for their use. • Mental Health Services - Support increased resources across the state for persons with mental health issues. An opportunity the city is pursuing is development of the underutilized Hunziker Industrial Core of more than 138 acres of industrial zoned property including the Fields site. Investing in public infrastructure would catalyze millions in new private investment and estimates of 300 to 500 new jobs. (Description attached.) Support of funding for SB 246 would give Business Oregon funds and authority that could assist. The Business Oregon Immediate Opportunity Fund may be a source for road improvements tied to a business that provides jobs. In the most recent community attitudes survey conducted in the fall of 2013,respondents identified congestion, street improvements/maintenance and transportation/public transit as the top three single most important issues for the council to address. Respondents identified"increase efforts to retain existing and attract new jobs to the city." as the most important change the city could make.Legislative priorities that address congestion and transportation and economic development and jobs would support citizens'priorities. Federal Legislative Priorities: A copy of the 2014 Federal Legislative Agenda is attached. Several of the city's priorities advanced this year.The city received a $400,000 EPA grant to develop a Downtown Brownfield Assessment program.A $73,667 USDA grant was awarded for promotion and outreach for the Farmers Market. The city will be notified some time in November if the grant submitted for the Supa Fresh Farm to School program is awarded. Grant priorities that warrant continuation into 2015 include the Fields/Hunziker Industrial Core Economic Development Site, Brownfield clean-up grants for city owned property,Safe Routes to Schools for the Murdock connection to Templeton Elementary in particular,improvements to Hall Blvd from Burnham Street to Durham Road and the Highway 217 interchange with 72nd Avenue. Policy items council should consider including in the 2015 federal Legislative agenda include: http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=1911&rev num=0&mode=Externa... 11/1 6/2014 Print Agenda Item Summary Page 3 of 4 Support Robust Transportation Reauthorization Bill Congress should develop a comprehensive transportation reauthorization bill that would create jobs by providing robust funding for bridges,highways,mass transit and other local infrastructure needs. Within the reauthorization bill,Tigard strongly supports inclusion of: • The bipartisan Innovations in Surface Transportation Act (H.R.4726/S.2891),which creates a grant program that would put transportation funds in the hands of local communities. Currently,less than 15 percent of all authorized federal highway funds and only one grant program are available to cities and counties.The Innovation grants would be awarded on merit by a panel with representatives from state and local jurisdictions,ensuring that funds go to well-conceived projects with the most local support. • For Safe Routes to School(SRTS) funding,support allowing states the option to reduce or waive the matching requirements for low-income applicants. Low-income communities are having a difficult time meeting the new 20%match required under MAP-21. In addition,recommend that not-for-profit organizations be allowed to serve as project sponsors for SRTS projects. Under MAP-21, these entities can only be partners and cannot be the project lead,which has created challenges for states and localities,where not-for-profits can no longer efficiently carry out safety education and other non-infrastructure activities.The Senate Environment and Public Works (EPW) Committee addressed both of these SRTS issues in its Committee passed proposal. • The Bicycle and Pedestrian Safety Act(H.R. 3494/S. 1708) which would require the US Department of Transportation to set a performance measure to reduce the number of bicyclists and pedestrians killed on our roads. COPS Technology Funding Support reallocating funds from the COPS Hiring program to the COPS Technology program.There are very few funding options at the federal level to help police departments purchase equipment despite the fact that federal mandates continue to require costly upgrades. Federal funds for equipment upgrades are important especially for police departments with cash strapped budgets. FY 2015 Program Levels Maintain adequate funding levels for TIGER, CDBG, HOME,BYRNE,COPS Technology,EDA, and Assistance to Firefighters Funding. Protect Municipal Bonds Support protecting tax exempt municipal bonds from being eliminated or limited. Since the federal income tax was instituted in 1913,interest earned from municipal bonds issued by state and local governments have been exempt from federal taxation. These bonds are the primary financing mechanism for state and local infrastructure projects,with three-quarters of the infrastructure projects in the U.S.built by state and local governments,and with over$3.7 trillion in outstanding tax-exempt bonds,issued by 30,000 separate government units.Local governments save an average of 25 to 30 percent on interest costs with tax-exempt municipal bonds as compared to taxable bonds.This is true because investors are willing to accept lower interest on tax-exempt bonds in conjunction with the tax benefit. If the federal income tax exemption is eliminated or limited, states and localities will pay more to finance projects, leading to less infrastructure investment, fewer jobs,and greater burdens on citizens who will have to pay higher taxes and fees. Secure a Tigard Zip Code http://agendas.tgard-or.gov/print_ag_memo.cfin?seq=1911&rev_num=0&mode=Externa... 11/1 6/2014 Print Agenda Item Summary Page 4 of 4 Staff is investigating the process to secure a distinct Tigard mailing address,instead of the current Portland designation. Once council reaches consensus on legislative priorities,staff will prepare specific requests for each priority including summary project descriptions and fund requirements. OTHER ALTERNATIVES Based on council consensus on priorities,council may request further clarification on issues not raised in this summary. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS 2014 State and Federal Legislative Legislative Agendas adopted by council on January 14, 2014. DATES OF PREVIOUS COUNCIL CONSIDERATION July 22,2014- Council consensus on recommended priorities for the 2015 LOC Priorities Attachments 2014 State Legislative Agenda 2014 LOC Legislative Priorities Hunziker Industrial Core Summary 2014 Federal Legislative Agenda http://agendas.tigard-or.gov/print_ag_memo.cfm?seq=1911&rev_num=0&mode=Externa... 11/16/2014 - '- m zdt S '8~ ,k �� ' �� -� &&�u[[kV, � vro0on• 20k Policy Issues of Interest: • Referral Regarding the Legalization of Marijuana Should the legislature decide to take up the issue of referring to voters a measure legalizing the recreational use of marijuana, Tigard would like to be involved in those discussions, particularly as they relate to: the governing agency responsible for oversight; public safety; local licensing, siting and zoning authority; production limits and taxation; and revenue distribution. Status:Oregon voters will consider legalizing recreational marijuana this fall. • Local Improvement Districts � ii\cs iely on local improvement districts to complete important upgrades to infrastructure that benefits a local area within the city's boundaries. Tigard would oppose legislation limiting the ability of cities to use this financing mechanism. Tigard supports the beneficiaries of specific improvements bearing the cost of those improvements, instead of the general taxpayer funding thw projects from the limited general funds. Status: Legislation was introduced but did not pass. • 9-1-1 Tax on Prepaid Wireless While the legislature extended the sunset date for the 9-1-1 tax on telecommunication services, the prepaid ceNphone market remains outside this important revenue source. With prepaid phones becoming an increasing portion of the industry and such phones being used to access the emergency service system,we believe that the work of finalizing the collection mechanism tor such a fee must he finished in the 2014 session and the prepaid cellphone users will thereby pay their fair share for this vital service. Status:Legislation passed for the inclusion of prepaid cellular devices and services under the 75 cent tax that is levied on all other telecommunications devices and services in support of the state's emergency communications system. • Water Supply Development Fund Appropriations Tigard supports clarifying the appropriation of lottery bonds from the Water Supply Development Fund.This fund was established in 2013 legislation, which included authorization for two specific projects -- the state $1.5 million match for a water reallocation project in the Willamette Basin and a $750,000 fund for a comprehensive basin study for the Deschutes Basin. In 2013, $10 million was appropriated to the development fund and the two projects now need a budget note to finalize the funding outside the loan and grant process as laid out in the arithori7ing bill. Status: New legislation makes statewide adjustments to the 2013-15 state budget, including partial restoration of state agency funding that was held back during the 2013 legislative session. 2014 Legislative Agenda I Tigard.Oregon I Page 2 • Labor and Supervisor Management I igard would once again oppose changes to Oregon's collective bargaining law that would place supervisory employees into collective bargaining units and require midterm bargaining to be subjected to binding arbitration. Similarly, Tigard would urge caution in regard to changing Oregon's public contracting code in a short session. Public contracting is an area fraught with complications that require robust deliberations not offered in the time available. Status: Legislation was approved that addressed firefighters; other positions were not included. • Franchise Fees Tigard supports the League of Oregon Cities'effort to address the differences in franchise fees charged to different types of telecommunication companies. While we appreciate the need for equity,Tigard and the LOC are concerned about proposed legislation that would alter the statutory basis for franchise fees. We prefer that the discussions started in 2013 continue through a work group and present a solution for possible consideration in the 2015 session. Status: Legislation delayed until 2015. Ongoing Areas of Focus: • Economic development/jobs „:,i„.r t I,. . aril tie that .nct'uur e workforce retention. Status: No major legislation approved in 2013. • Transportation Support additional funding, efficiencies and program support for multimodal transportation projects Status: Little transportation legislation of significant interest to the League was considered in the 2014 session. • Financial stability Support policies and legislation that allow local control and maintain and strengthen the state's commitment to the State Shared Revenue funding formula. Status: No major changes. • Growth and development Support urban growth boundary amendment policies and legislation that provide for a more efficient urban growth management system. Status: Nothing was proposed to speed up the appeal process or to create certainty in terms of how long the court may take in reaching a decision on appealed cases. • Vertical Housing Program Support the extension of the Vertical Housing Program which encourages mixed-use commercial/residential developments in areas designated by communities. Status:Tigard approved a Vertical Housing Development Zone(VHDZ)to encourage multi-story mixed-use development in two targeted areas of the City of Tigard.The ten-year partial property tax exemption for new construction applies to the first four floors of residential development built above first-story commercial development. Oregon's 2014 Short Legislative Session: February 3—March 9 Oregon's bicameral legislature consists of the House of Representatives,which has 60 members elected for two-year terms,and the Senate,whose 30 members are elected to serve for four-year terms. Oregonians Choose their legislators by voting every even numbered year.The primary election is held on the third Tuesday in May.The ni general election is held on the tirst Tuesday(alter the first Monday) il in November. Oregon uses a system of single-member districts to elect its legislators. Each of the 90 members represent a designated senatorial Sen.Ginny Burdick Rep.Margaret Doherty rn representative district, meaning Pal h Oregonian is represented by SENATE DISTRICT 18 HOUSE DISTRICT 9S 900 court St Nl,`;-.'1 i 90U Court Sr..NE,■1-/Iii J single senator and a single representative.Representative districts ,them.OR 37301 Salem.OR 97301 have a population of about 63,850;Senate districts contain about sen.ginnyburdickOstate.or.us rep.margaretdoherty.stata.or.ua 121,100 people. These district lines are redrawn every ten years. Tigard City Council k !Fr .. • . 4!� N ht- f. . . 1 Mayor Council President Councilor Councilor Councilor John Cook Marland Henderson Gretchen Buehner Marc Woodard Jason Snider • coun cllmall.ticard•or.8ov UPIs TIGARD (;5t■ u/"Tigard ( 13125 SIC'hall Blvd., 11prd.OR 97213 I snwu.tigard-or.gos MIRA LEAGUE 0 Oregon Property Tax Reform: Voter Control Referral CITIES Description The League's proposed constitutional referral would allow local voters to consider a temporary property tax outside of statewide tax caps. The referral would not raise anyone's taxes,but would empower voters to authorize a tax for local operations. Background Under Oregon's current system, statewide limitations can prohibit local voters from raising their own taxes to support services they demand. Measure 5 limitations restrict general governments(cities,counties and special districts)and schools to levying no more than$10 and$5 per$1,000 of real market value respectively. Any taxes levied in excess of those limitations are reduced until the limitations are met,a process known as compression. Temporary taxes that are in addition to the municipality's permanent rate and are approved by voters to provide funding for services, such as public safety or school services,are compressed first under this system. As a result,voters residing in a municipality in compression are limited in their ability to raise revenue to support services they desire. Examples Table 1 Compression on Voter-Approved Levies In numerous communities throughout Oregon, Percentage of statewide tax caps reduce voter approved levies revenue lost due to significantly. In the city of Sweet Home,for example, statewide tax caps voters have approved local option levies for police and (2013-14) library services dating back to 1986. In 2010,voters Tigard-Tualatin School District 54% approved the levies again with 60 and 55 percent of the Pendleton School District 42% vote respectively. Yet statewide tax limits cut 35 Eugene School District 41% percent of what local voters approved,resulting in public safety and library services not being provided at Lake Oswego School District 34% a level local citizens wanted. Beaverton School District 34% Many voter-approved levies throughout the state are City of Albany public safety levy 34% being reduced by even larger percentages. In the West Linn/Wilsonville School District, statewide limits will reduce the collections for the voter-approved levy by 71 percent this year. For the Portland Children's Levy,revenue is reduced by 51 percent(see Table 1 for additional examples). Statewide Impacts Compression is a growing problem for local governments statewide. Since 2008-09,total revenue lost to compression has increased from $51 million to$212 million in 2013-14, (see Figure 1). This year 90 percent of school districts, 34 out of 36 counties and more than one-half of all cities have seen property tax revenues reduced due to statewide caps. Last May(2014), local voters approved 16 of 21 (76 Figure 1: Statewide compression losses percent)temporary tax measures. While voters may FY0809FY09-10FY10-11FY11-12 FY 12 13F113-1-1 still be concerned about the state of the economy, in $0.00 II, 11 II instances they clearly realize the value of local $20.00 '' '' f government services and are willing to tax themselves $40.00 to provide those services. Whether or not any local $60.00 voters approve temporary taxes outside of -$80.00 compression limitations is irrelevant. What matters is Z -$100.00 that voters currently do not have the freedom and $120.00 opportunity to do so. •Cities •Counties Schools For more information,visit mvw.orcities.org/taxreform or contact Craig Honeyman at(503) 588-6550 or chonevman(aorcities.org. II LEAGUE If C M'I P roperty Tax Reform: Reset at Sale Description The League's second proposed constitutional amendment would reset a property's assessed value to its real market value at the time of sale or construction. The amendment would not raise taxes on anyone's current home,but would restore equity by recalibrating taxes based on the market's valuation of a property at the time of sale—a better measure of a property's value and an owner's ability to pay. Background Measure 50,passed in 1997,created a new"assessed value"for all properties. Assessed value was initially set at 90 percent of a property's 1995-96 real market value. For newer properties,a county-wide ratio is applied to determine the initial assessed value.Growth in assessed value is limited to 3 percent annually. By locking in assessed values based on 1995-96 real market values or a ratio at the time of construction,and by capping annual growth,huge disparities in tax bills have emerged as property values have changed at different rates. Examples and Impacts Table 1: Tax inequities between two neighborhoods in Portland Homeowners in inner North and Northeast Portland,for example,often have property Both houses sold in Spring 2013 for $325,000 tax bills that are one-third or one-fourth of HOUSE A HOUSE B what homeowners with similar real market values pay across town. The reason is simple. In the early and mid-1990s, large PROPERTY TAX PROPERTY TAX swaths of North and Northeast Portland had lower market values,and those values t $2,164 44. still determine the taxes owed despite the ,h; rapid rise in home values(See Table 1). 0900 Block SW Fairvale Cl..PoAland 5200 Block NE 20th Avenue,Portland These significant inequities in property taxes can play a role in the real estate Difference in property taxes paid per year: $3,247 market as well. An analysis conducted by the Northwest Economic Research Center Tax amOUnts m the O.ar+pte are from FY 2013-1a found that property owners selling similar homes in disparate neighborhoods could attribute between $9,300 and$45,000 in their property's potential sale price to the quirks of Oregon's property tax system. The authors wrote that Oregon's property tax system creates a hidden subsidy for those property owners with lower taxes and shifts the burden of local services onto others. While the analysis focused on Portland,the authors said they would expect to find these results in other Oregon cities in which there has been uneven growth in home values since the 1990s. Priority Seventeen other states have property tax limitations similar to Oregon's. Of those, 15 readjust property taxes at the time of sale. Oregon's existing system,according to a Lincoln Institute of Land Policy report,"has gone the farthest of any [in the country] in breaking the link between property taxes and property values." Resetting assessed value to real market value at the time of sale would reestablish the link between market values and property taxes,and improve the fairness of Oregon's system. For more information,visit www.orcities.org/taxreform or contact Craig Honeyman at(503)588-6550 or chonevman(u,orcities.ore. LEAGUE Oregon CITIES Property Tax Reform: Changed Property Tax Ratio Description The League's priority regarding property taxation changes the way new property is added to the tax rolls. This proposal, unlike the other two,would only require a statutory change,meaning the measure would not have to be referred out to voters in order to become law. Currently,new or improved property is added to the tax rolls by applying an annual county-wide ratio of assessed values (AV) to real market values(RMV)to the new or improved property in an attempt to replicate the property tax discount given to properties via Measure 50. The ratio is calculated and applied to specific property classes (residential,multifamily,commercial,etc.). However, significant variation between AV and RMV exists within a county,resulting in a discount that is often overly generous when compared to neighboring properties. In addition, the discount is out of line with what was originally offered to properties when Measure 50 passed in 1997. As a result,similarly situated and valued properties can have significantly different property tax liabilities. Background The situation in Multnomah County is illustrative. The county is home to a number of cities,and the property values in each have not grown uniformly since Measure 50's passage in the mid-1990s. Consequently,the ratio of assessed value to real market value in each city varies,but the countywide average is applied to all new properties. For example, the Multnomah County changed property ratio this year for residential property was roughly 70 percent. This means a home valued at $200,000 will appear on the tax roll with an assessed value of$140,000. However, in Gresham, the average ratio is closer to 90 percent, meaning that the average$200,000 home within the city limits has an assessed value of$180,000. Meanwhile in Portland,the average ratio is about 64 percent, so a $200,000 home has an assessed value of$128,000. For the city of Gresham,the property tax discount given to new property is overly generous compared to what existing properties are paying in the city. Because of this,current Gresham residents are subsidizing the services for new properties. Priority The League will advocate for legislation to provide the option of applying a city-wide changed property ratio to new property. For more information, visit wu'n'.orcities.ai/toolkit or contact Craig Honeyman at(503) 588-6550 or chonevman(ciorcities.org. mtuni LEAGUE Oregon Transportation Funding CITIES Description The League seeks passage of a comprehensive transportation funding and policy package to address multimodal needs, with a top priority of maintaining and preserving existing infrastructure. Background Oregon's road system is becoming increasingly distressed and transportation funding is not keeping up with basic maintenance and preservation needs. Cities throughout Oregon are facing serious street budget shortfalls,resulting in the deterioration of transportation infrastructure. According to a survey conducted by the League in 2014,cities face an annual funding gap of more than $300 million per year. Uncertainty about federal funding and the decline in federal and state highway trust fund resources calls into the question the sustainability of the current transportation funding program. In addition, Oregon's small cities(less than 5,000 population)have lagged behind larger cities in street funding. This is caused by declines in overall transportation revenue and the fact that a statutory program created to provide limited funding for small cities has not been updated since 1991. Priority Approval of a comprehensive transportation package containing at least the following: • An increase in the state gas tax of up to five cents per gallon; • Indexing of the state gas tax to the consumer price index or another relevant economic index; • Expansion of the calculation method used for the state's transportation user fee to include vehicle miles traveled(VMT); • An increase in license plates fees and inclusion of lightweight trailers; • Maintaining the dedication of the state's Highway Trust Fund dollars to highway,road and street projects; • Continued allocation of Highway Trust Fund dollars between the state,counties and cities at 50%-30%-20%, respectively; • An increase in the statutory"Small City Allotment"fund from $1 million to$5 million annually,split evenly between the Oregon Department of Transportation and the cities'share of the trust fund; • No preemption of local government ability to generate their own transportation revenues;and • Funding for the jurisdictional transfer and maintenance of orphan highways(state highways or county roads that function as city streets). The transportation package should also address funding and policy initiatives for all modes (streets, bike/pedestrian, transit, rail, aviation and marine) and advance connectivity, safety,jobs and economic development, transportation impact on climate change,active transportation and public health. For more information,contact Craig Honeyman at(503) 588-6550 or choneyman @orcities.on . II -III. _.11 LEAGUE Oregon Medical Marijuana Dispensaries CITIES Description The League will advocate for legislative changes that will clarify and enhance public safety and local control related to marijuana. Background In 2013, House Bill 3460 established a means for registering the 150-200 medical marijuana dispensaries that had been operating in the state illegally but with the forbearance of most law enforcement agencies. While the legislation successfully created a licensing system and safety regulations,more work is needed to ensure public safety and local control. Priority The League will advocate for the following legislative changes: • Require employees and agents of dispensaries to pass the same background checks as proprietors. Owners of marijuana dispensaries must pass criminal background checks prior to receiving a license to operate. Employees and other parties affiliated with the operation of a dispensary should also be subject to criminal background checks to help keep medical marijuana in the hands of patients and not diverted to criminal activity. • Establish licensing and safety regulations for the manufacture of marijuana tinctures utilizing flammable or explosive materials. The manufacture of butane hash oil and other value-added extracts has resulted in fires, injuries and deaths in Oregon and other states. A dispensary should be required to acquire these products from a manufacturer that is licensed by the state and uses appropriate safety protocols. • Clarify land use regulations to ensure dispensaries are not allowed in areas inappropriate for their use or in close proximity to places where children congregate. The intent of HB 3460 was to prohibit dispensary operations in residential zones. However,the bill was phrased in a way that specifies which zones dispensaries are allowed in,as opposed to prohibiting them in residential zones and simply relying on the local development code to determine where a dispensary may be located in cities permitting them to operate. This language should be clarified to align with the bill's original intent to prohibit residential locations. Further, HB 3460 prohibits dispensaries within 1,000 feet of schools, but federal law creates a specific offense for distribution of controlled substances within 1,000 feet of any place children congregate. The conflict between those two requirements should also be resolved. For more information,contact Scott Winkels at(503) 588-6550 or swinkels(c orcities.orw. Al.111 11• LEAGUE Oregon Right of Way Management CITIES Description Local authority to manage public rights of way and receive compensation for their use is derived from Oregon's constitutional provisions for home rule, state statute,and court decisions which have consistently upheld the right of cities to manage rights of way. Nevertheless, legislative and judicial efforts are often mounted to thwart local management of this public resource. Background Cities have the right to set terms and conditions, including the establishment of a fee structure, when an entity occupies a right of way for transmission of data,energy, water and other resources. While certain statutes and utility regulations define how such fees can be charged, this ability is firmly established. Cities also determine how this authority is exercised—by ordinance or through negotiation with each entity seeking to occupy the right of way. This applies to private and public sector occupants. In fact,several cities charge themselves a franchise fee when a municipally-owned utility is using the right of way. Municipal authority over the management of rights of way is an essential component of a city's home rule. Priority The League will oppose any legislation preempting the ability of cities to manage and receive compensation for the use of a public right of way, including: • Establishment of a"one-size-fits-all,"statewide franchise fee policy and collection system; and • Prohibition of a city's authority to levy franchise fees on other government entities. For more information,contact Craig Honeyman at(503) 588-6550 or chonevmanAorcities.org. LEAGUE of Oregon Mental Health Services CITIES Description The League will support increased resources across the state for persons with mental health issues,especially in crisis situations. Background Oregon's cities do not typically provide mental health services but have increasingly found themselves in the position of sending police officers to respond to individuals in crisis and dealing with the impacts of homelessness and addiction. A 9-1-1 call should not be the first time a person suffering from a mental illness receives public services. Priority The League will advocate for the following: • Preventative mental health care in the form of"drop-in"services should be available to all Oregonians regardless of where they live. The League believes that access to urgent care for mental health will allow those suffering from an illness or condition to be triaged and receive immediate treatment or where appropriate, referrals for treatment. This will avert unnecessary, unhealthful and sometimes tragic interactions with law enforcement personnel. • Proactive,mobile crisis intervention should be available statewide. The mobile crisis intervention approach has reduced negative encounters between police and the mentally ill. Resources should be provided so such services are available throughout the state. • Every police officer in the state of Oregon should have access to training in how to respond to a mental health crisis. The state should provide public safety personnel with access to instructions from mental health professionals that would equip officers with skills to respond in a way that de-escalates conflict and helps the affected individual and their family receive appropriate care. • The number of regional residential mental health facilities should be expanded. Jail should not be the only option to secure an individual experiencing a mental health crisis. Safe and secure mental health care beds will allow those in need to avoid jail, which could worsen their condition. For more information,contact Scott Winkels at(503)588-6550 or swinkels@orcities.org. Hunziker Industrial Core:State Legislative Funding Request Summary updated 9/3/14 Tigard, at the center of the economically thriving Portland MSA, is ideally located to meet regional employment demand. The region's workforce lives here.What's lacking, however, is infrastructure that supports business expansion here. Tigard's Hunziker Industrial Core includes more than 138 acres of industrial zoned property located%of a mile from I-5 and immediately accessible by existing rail. In this area 96 acres are developed but underutilized. Forty-two acres are undeveloped but limited in their development potential.This area exemplifies the challenge suburban cities face when trying to support business growth. Factors like sloping land, limited site access and incomplete infrastructure make private sector development unlikely. Through the support of a DLCD grant, and in partnership with local property owners,the City of Tigard has developed an Infrastructure Finance Plan that paves the way for private sector development, business growth, and increased employment.The cost of public infrastructure(roads,water,waste water and storm water)to support private sector development in the Hunziker Industrial Core is about $9.5 million. The first$3.95 million project upgrades infrastructure in this area to catalyze$22.1 million in new private investment and estimates of 300 to 500 new jobs for residents from around the region.The City of Tigard would like to make a request to the State Legislature for$1.8 million in economic development funding for water,waste water and storm water infrastructure improvements. -_ downtown properties for environmental issues. Promote the Farmers Market in Downtown d Grant Priorities y The Tigard Area Farmers Marcel is focused on oringiing .� Aooroxirnalel 60 oroperlies in this area have been '� .'._"'�' identified as contaminated.or potentially contaminated. farmers,community and nonprofits together in a way that from previous uses.Tigard supports the cleanup and benefits all.The market is seeking additional resources to I j revitalization of these properties,and plans to urovide promote a new location in downtown Tigard to expand le:31"6i incentives to property owners to address brownfield producer-to-consumer opportunities in a larger space. challenges. Funds are needed for siginage,including permanent BEQUEST AMOUNT:$400,000 wayfinding signs,and a kick-off event to promote the i £ - %a ° newly expanded market to the community �.T. i - ...: Police Interoperable Communications REQUEST AMOUNT:S100,000 •l t •_ . 4`' • Because of federal mandates,the regional dispatch center • I -- in Washington County will be moving from an analog communications network to 800MHz digital formal.All - W Fields Economic Development Site radios operated by first responders in the region must be f j�ICi_�Rn,nk�:�'iON. Ltrcaued just eight miles replaced by 2018.The Tigard Police Der>arlrnent will need southwest of Portland,Tigard is Oregon's 12th latgest city The Fields property,located in Tigard's industrial cronidor,is to replace 99 porlaple and 56 monde devices.The digital .made up of more than 42 acres of industrial laud.The fomnat will provide additional benefits.including greater ' with a population of 49,135.The city is largely residential, property is bounded by an alive rail line and rail car r4 and offers a mix of industrial,commercial and retail capacity and flexibility for transmitting data.and allow for w r switching yard,and a privately owned rail Hine. seamless co munications pehveen the city,county and •., space,which results in a daytime population approaching The Fields site has a combination of development other first responders on the network. , 1 _ 100.1100. challenges including lack of infrastructure,a steep slope, REQUEST AMOUNT:$250,000 n Tigard has preserved its unique snail-town character, and a variety of permitted land uses.However,the parcel r but because of the demands placed on its transportation, site and the site's close proximity to Interstate 5 and -- – water,and public safety resources,Tigard faces big-city Highway 217,make this property marketable.The City of Safe Routes to Schools infrastructure issues. Tigard is working with private sector partners to refine .- development scenarios,and explore infrastructure and The city has identified its future vision to become"The Three major thoroughfares(Interstate 5,Highway financing options. mast walkable community in the Pacific Northwest 99W and Highway 217)converge in Tigard.This creates r where people of all ages and abilities enjoy healthy some of the highest daily traffic volumes in the state. Public and private sector development of this site y r 4'. and interconnected lives." could support a balance of residential and economic c a 4 . especially during peak commute limes.The ever-increasing . ` A ke aspect of this vision is to ensure that children have activity.This might include flexible(office/manufac w ', + «� key traffic and population),n owth in the region continue to Luring)space for 15-20 businesses,10-15 acres of '' ,." ti, , , safe routes to walk to school.The incomplete sidewalk outpace infrastructure improvements,and results in millions r • connection on SW Murdock,from SW 103rd to a sharp multi-and single-family residential development,and be � curve in front of Templeton Elementary,prevents children of dollars in transportation delay costs per month. the addition of 750-1,000 jobs. Tigard's new economic development program from walking to school safety. We are currently investigating U.S Department of Tigard/Metzger Farm to School Program — focuses on attracting,supporting and nurturing Commerce Economic Development Administration REQUEST AMOUNT:52,000,000 The city is working with the Tigard Tualatin School District investment in our community.Program activities Program funding as a possiale cartrioution. and the Oregon Human Development Corporation cultivate the relationships and data necessary lo row Automated License Plate Recognition Equipment Ps g YouthSource to enhance fain to school operations at our economy.Partnerships with the private sector Downtown Tigard Brownfield Assessment Metzger Elementary.Metzger Elementary serves the Automatic License Plate Recognition(ALPR)is a surveil Tigard is seeking funds to support site investigations and lance method that uses optical character recognition to encourage innovation and entrepreneurship. highest Spanish speaking student body in Tgard and community planning for productive reuse of sites in the read vehicle registration plates. Tigard continues to work with its regional partners highest percentage of students receiving free and toward creative solutions that address infrastructure downtown,as well as priority sites in Tigard's industrial reduced price meals in the district.The partnership will Tigard has major state highways intersecting the city and and employment areas.Tigard and community members produce nutritious,local organic produce for low income some of the puniest roads in the stale.ALPR could tae and service delivery challenges.We are committed to envision a more vibrant and prosperous downtown. responsible stewardship of public funds and to making Progress has been made—several projects have peen Elementary c growing them year round at Metzger used to track stolen vehicles, suspended Arnow led license. and � Elementary School. identify drivers operating on a suspended license. sound fiu,al decisions that will guide us toward a completed or are about to commence.A major challenge --- REQUEST AMOUNT:$238,000 sustainable future. to redevelopment,however,has been the need to assess REQUEST AMOUNT:5100,000 Hall Boulevard—Burnham Street to Durham Road Lake Oswego-Tigard Water Partnership nn h o City of Tigard,Oregon r .- This project will add turn lanes at Key intersections.illuini In August 2008,the cities or Lace Oswego and Tigard �y_ q nate.add transit stop amenities and fill in the sidewalk gap formally endorsed a partnership agreement for sharing 2014 Federal along Hall Boulevard horn downtown Tigard to Durham Road. drinking water resources and costs.Lake Oswego's water PC ��1 i+f x fix' -. .may---�.,. ;: REQUEST AMOUNT:S7,100,000 supply system is near capacity,and key facilities need ' expansion and upgrades.Tigard residents need a secure, 1I t t Highway 217 Interchange with 72nd Avenue dependable water source.Both cities want to keen water --____- _ Legislative Evaluate and develop a conceptual design to address affordable for their customers and sharing the cost of new infrastructure to serve both communities does that. T ..Q-.- transportation issues in the area of the interchange of ---- — Beaverton i �- Agenda -- .�►--' Highway 217 with 72nd Avenue.This project will focus on TOTAL COST.5240 MILLION •...- l'`'' - - j the ramp terminals,cross street and streets intersecting ..-< i r 72nd Avenue. �, Policy Items I -... REQUEST AMOUNT:5800,000 :! -"- Support Robust Transportation . Reauthorization Bill Tigard ,e.:-,- - , Projects Supported by the City of Tigard s� Congress should develop a comprehensive legislative y� !, 1 l� effort to create ions by providing robust funding for oridges, at'' Lake pt>/`r_ highways,mass transit and other local infrastructure needs. 3 Oswego `��_•• r��M ;jt FY 2015 Program Levels lei., i L i I t : Maintain adequate funding levels for TIGER,CDBG,HOME, Tualatin �' w�r Byrne.COPS.EDA,Assistance to Firefighters Funding. Protect Municipal Bonds The city strongly supports protecting tax exempt municipal Y_-R Pacific Highway(99W)/Barbur Boulevard ponds from oeing eliminated or limited.Interest earned from municipal ponds issued by state and local govern I iLJ High Capacity Transit Alternative Analysis For more irMormatioa... �FEG3N, ments have been exempt from federal taxation since 1913. I xi� An needed toes determine analysis arid best high ctry engineering study These bonds are the primary financing mechanism for More irrformation about these projects ann Tigard s SKYI AP ,'j CI is needed to dterm the best hi capacity connection state and local infrastructure projects. vision for the future can be found on our website a*. ° _ ti t� to provide transportation options to connect downtown www.rigamor.gov.Please don'?hescate to contact us n uv rium\..�M L l Portland,Tigard,King City,Tualatin and Sherwood. Local governments save an average of 25-30 percent on ti :^_--,. V 7-17- __ ' j g g y `or additional information. _ �,,, - SEEN JAN 23.[�,3 Reductions in aulomopile trios wit reduce roadway interest costs with tax exempt municipal bonds because congestion and pollution,reduce accidents and set the investors are willing to accept lower interest in conjunc >Mayor John L.Cook,503-718-2476. r•i:,iM ",,...,"" DA i groundwork for efficient development along the transit line. bon with the tax benefit.If the exemption is eliminated or mayorcook@tigard-or gov v• •limited,states and localities will pay more to finance ,� y TOTAL COST:$11.4 MILLION;FEDERAL REQUEST:$1 hOWON >City Manager Marty Wine,503-718-2486. , , projects,leading to less infrastructure investment,fewer �. ,,r Ai 1, nary@ igard-or.gov Columbia River Crossing Project joss,and greater burdens on citizens who will have to pay 7 higher taxes and fees >Assistant City Manager Liz Newton, i 7,,,..,•The City of Tigard strongly supports the,.olumoia River 503-718-2412,lic@iigard-or.gov II . 1. -' Crossing(CRC)Project,which is a long-term,Comore Secure a Tigard Zip Code hensive solution to proolems on Interstate 5 near the •i •b,"' •• \. Columbia River.The 15 corridor is the backbone of a Tigard staff s investigating the process to secure a network of roads that provide access to the region,which distinct Tigard mailing address,instead of the current , City of Tigard I A Place to Call Hume ' -.'j is more susceptible to long-term economic losses from Portland designation. 13135 SW H all Blvd.Tigard,OR 97333 f, congestion than other areas because of its ties to trade. n° ° www.ligrrd-ur.guc I �i l HI IIMIlifil#4 � r " r AIS-1949 8. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 15 Minutes Agenda Title: Legislative Public Hearing: Consider an Ordinance to Amend the Tigard Municipal Code (TMC) 3.44 Sale of Surplus Real Property Submitted By: Sean Farrelly, Community Development Item Type: Ordinance Meeting Type: Council Public Hearing- Legislative Business Public Hearing- Quasi Judicial Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE Shall Council adopt the ordinance to update TMC 3.44 concerning the Sale of Surplus Real Property? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the proposed Tigard Municipal Code Amendment. KEY FACTS AND INFORMATION SUMMARY Goal 5 of the City Center Urban Renewal Plan is to "Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments." Section VII A of the Urban Renewal Plan also specifies that the Agency may convey property acquired under the plan at its "fair reuse value." The plan continues: "Fair reuse value is the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects limitations on use of the property to those purposes specified in the plan, the value may be lower than the property's fair market value." Selling property at "fair reuse value" is a common way for urban renewal agencies to encourage redevelopment that meet urban renewal goals. The tool is frequently employed when there is an urban renewal goal for a new housing or mixed use development in an area where the market rate rents do not support the substantial costs of new construction. ORS 271.310 gives cities fairly broad authority to dispose of real property no longer needed for public use; however, Tigard's Municipal Code Chapter 3.44 significantly restricts that authority. It requires that a public hearing be held and "minimum acceptable terms" be established. Then the property is placed on the market to obtain sealed bids. It appears that the council may not reject the highest bid as the ordinance states that the "highest bid shall be accepted" and the city "shall complete the sale." There is no provision for any other considerations such as development of the property, design and development features of the reuse, experience of the development team, financial resources of the developer, or the achievement of any city plans or goals. In this respect, TMC 3.44 is even more restrictive than typical competitive bidding provisions which permit requests for proposals or other non-bid options. There is no exception in TMC Chapter 3.44 permitting the city to sell or transfer property to the CCDA or to any other public entity without following this process. The process mandated by TMC Chapter 3.44 makes it very difficult to use a development agreement to achieve the redevelopment objectives of the city and the CCDA. For this reason, staff proposes an amendment to Tigard Municipal Code Chapter 3.44. The amended chapter (see attachment) would allow the transfer of city property to an established urban renewal agency provided the council finds: 1. Transfer to the urban renewal agency for redevelopment or other purpose is consistent with and will further the goals and objectives of the adopted urban renewal plan for the agency; 2. The property is not needed for public use by the city or the public interest would be furthered by such transfer; and 3. Transfer of the property is otherwise permitted by law. This amendment would help further near term urban renewal goals. There are several tax-exempt, municipally owned properties in the City Center Urban Renewal District. As the district matures, the City Center Development Agency may encourage the redevelopment of additional city properties. Staff briefed the City Council regarding the proposed amendment on October 28, 2014. Due to the timing of urban renewal projects, the immediate availability of the flexibility provided in this proposed ordinance is beneficial to the public welfare. The ordinance includes a finding that an emergency exists, so it can take effect immediately after adoption by the City Council and signature of the Mayor. OTHER ALTERNATIVES Council could modify or deny the proposed Tigard Municipal Code Amendment. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Center Urban Renewal Plan Tigard City Council 2013-2014 Goals Downtown - Strategy for redevelopment of city-owned property - Finalize downtown redevelopment opportunities (if issues can be addressed) Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local Economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business DATES OF PREVIOUS COUNCIL CONSIDERATION October 28, 2014 Fiscal Impact Fiscal Information: While the exact fiscal impact to the city is unknown, the result of this change will impact city finances. Under existing code, city property will be sold to the highest bidder, presumably at market rates. This change will allow the transfer of city property to the urban renewal agency. Under this change, the city may get no direct financial benefit; instead the urban renewal agency will be able to discount the cost of the property to incentivize redevelopment of downtown and produce a positive community impact. The intent is that the benefit to the community outweighs the loss to city financials. Attachments Ordinance Redline of TMC 3.44 TIGARD MUNICIPAL CODE Chapter 3.44 SALE OF SURPLUS REAL inquiry is made, and the property is classified as PROPERTY. substandard undeveloped property, the matter shall be set on the regular Council agenda, but no Sections: public hearing is required. Except as otherwise provided in this section, notice of the agenda item 3.44.005 Qualification—Classification. shall be given to all property owners within 250 3.44.010 Disposal Of Substandard feet of the parcel and to any parties who have Undeveloped Property. inquired about the purchase. If the City has issued 3.44.015 Disposal Of Standard a request for proposal seeking purchasers of the Undeveloped Property And property and provided the request for proposal to Developed Property. property owners within 250 fee and to those who 3.44.025 Broker Selection. have inquired about purchasing the property, notice need only be provided to those who have 3.44.005 Qualification—Classification. submitted a proposal. After discussion of the agenda item, the Council shall determine whether Real property qualifying for the procedure it will offer the property for sale. established in this chapter is classified as follows: B. If the City Council decides to sell the A. Substandard Undeveloped Property. property, it will direct the City Manager or Parcels with no structures thereon which are not designee to take further action to sell the property. of minimum buildable size for the zone in which The City Council may authorize the City Manager located, and parcels that do not meet the City's or designee to publicize as appropriate, determine existing development code; the existence of interested prospective purchasers, and negotiate for the sale of the property. Nothing B. Standard Undeveloped Property. in this section shall preclude the City Manager or Parcels with no structures thereon which are of designee from talking preliminary actions, minimum or greater buildable size for the zone in including publicizing a possible sale, determining which located; the existence of interested prospective purchasers, and issuing a request for proposals prior to the C. Developed Property. Parcels of any size City Council's decision, so long as the City does with structures thereon; not enter into a binding agreement without City Council authorization. D. Special-case Property. Parcels that, notwithstanding subsections A, B and C of this C. The City Council shall have the final section, were acquired by the City for capital authority to approve or disapprove the final terms improvement as defined by this code and were of the sale. The City Council may pre-approve purchased subject to an agreement for the manner terms and the agreement form at the meeting at in which any surplus would be disposed. which it determines to sell the property. If the (Ord.03-05,Ord. 87-48 §1, 1987). City Council does not pre-approve terms and the agreement form at its initial meeting or if alternate 3.44.010 Disposal Of Substandard terms or agreement form are proposed, the City Undeveloped Property. Council shall at a later regularly scheduled Council meeting consider approval of the terms A. Whenever a particular parcel or parcels and agreement form. (Ord. 01-09, Ord. 94-06; is proposed for sale by the City, or purchase Ord. 87-48 §2, 1987). 3-44-1 Code Update: 11/03 TIGARD MUNICIPAL CODE 3.44.015 Disposal Of Standard above the minimum acceptable terms, the highest Undeveloped Property And bid shall be accepted and the City Manager or Developed Property. designee shall complete the sale. I A. Except as provided in H. If no acceptable bids are received on a 3 . 4 4 . 3 0 , Whenever whenever a particular particular parcel: (1) the Council may alter or parcel or parcels is proposed for sale by the City keep the same minimum terms as established or a purchase inquiry is made and the property is under subsection E of this section and direct staff classified as standard undeveloped property or to hold another sale, or (2) the Council may alter developed property, the matter shall be set for a or keep the same minimum terms established hearing before the Council. under subsection E of this section and list the property for six months with a local real estate B. Notice of said hearing shall be published broker on a multiple listing basis. Brokers shall once in a newspaper of general circulation in the be selected in accordance with the criteria found City at least five (5) days prior to the hearing and at Section 3.44.025 of this chapter. A listing may shall describe the property proposed for sale. be renewed for an additional one six-month period. C. Prior to the sale of a parcel under this section, an appraisal of the property shall be I. After expiration of the period set out in conducted. At the discretion of the Council, such subsection H of this section, the property shall be an appraisal may be ordered prior to or after the removed from the market. Any decision to sell a hearing. The appraisal may be made available to piece of property once it has been removed from the public at the hearing at the discretion of the the market shall require that the entire procedure Council. set forth in this chapter be repeated. The Council may, however, decide whether or not an D. Public testimony shall be solicited at the additional appraisal is necessary. (Ord. 03-08, hearing to determine if a sale of any parcel is in Ord.94-06;Ord. 87-48 §3, 1987). the public interest. 3.44.025 Broker Selection. E. After the hearing, the Council shall determine whether it will offer the property for Notwithstanding any administrative rule to sale and what the minimum acceptable terms shall the contrary, the selection of a real estate broker be. shall be in accordance with the following procedures: F. If an offer to sell is authorized by the Council, a notice soliciting sealed bids shall be (1) The City shall publish notice in a published at least once in a newspaper of general newspaper of general circulation in Tigard circulation in the City be made a least two weeks inviting proposals for the sale of the real property. prior to the bid deadline date. The notice shall The notice shall be published at least one week describe the property to be sold, the minimum prior to the date on which proposals are due. acceptable terms of sale, the person designated to receive bids, the last date bids will be received, (2) The broker's proposal shall be in writing and the date, time and place that bids will be and it shall address the selection criteria set forth opened. in subsection(3)of this section. G. If one or more bids are received at or 3-44-2 Code Update: 11/03 TIGARD MUNICIPAL CODE (3) The City Manager or designee shall consider the following factors in the selection of a broker: (A) The broker's record in selling the type of real property being offered by the City for sale and the broker's familiarity with Tigard-area market values; (B) The broker's proposed marketing plan and timelines: signs, advertising, direct mail and/or other methods; (C) The amount of the broker's commission;and (D) Other factors which were stated in the notice of the invitation to submit a proposal. (Ord. 03-08,Ord. 94-06;Ord. 85-09 §3, 1985).,, 3.44.30 Transfer of Property to Urban Renewal Agency (A) The Council may authorize transfer of real property to an urban renewal agency established by the Council pursuant to ORS Chapter 457 on such terms and conditions as the Council deems appropriate provided that the Council finds that: 1. Transfer to the urban renewal agency for redevelopment or other purpose is consistent with and will further the goals and objectives of the adopted urban renewal plan for the agency; 2. The property is not needed for public use by the City or the public interest would be furthered by such transfer; and 3. Transfer of the property is otherwise permitted by law. (B) Transfer may be with or without compensation unless the property was acquired with funds that legally must be reimbursed or as otherwise restricted by law. (C) A proposed transfer under this Section shall be placed on regular Council agenda. 3-44-3 Code Update: 11/03 AGENDA ITEM No. 8 Date: November 24, 2014 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE 3.44 REGARDING SALE OF SURPLUS PROPERTY This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\Legis PH.doc AGENDA ITEM No. 8 Date: November 24, 2014 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. nre,11 S 11 u r �I �a L $ L.) ast o Ti a 503/'t(0I 2`f'4)C. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. • AIS-1812 9. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 15 Minutes Agenda Title: MEDICAL MARIJUANA UPDATE Submitted By: John Floyd, Community Development Item Type: Update,Discussion,Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Update Council on status of Medical Marijuana Project and public outreach efforts in advance of public hearings before the Planning Commission. Discussion of upcoming state ballot measures and their possible effects on legislative options for regulation of medical marijuana within the City. STAFF RECOMMENDATION / ACTION REQUEST Receive information and provide staff direction. KEY FACTS AND INFORMATION SUMMARY At Council's request, staff conducted public outreach efforts to try to elicit a more nuanced understanding of community concerns and desires for the regulation of medical marijuana distribution with the City. On November 25 staff will update Council on the results of those efforts,including the results of the fall election and the status of future code updates. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION February 11,2014 April 15, 2014 April 22, 2014 July 22,2014 Attachments Staff Memo • 1114 . " City of Tigard TIGARD Memorandum • To: Mayor Cook and Tigard City Council From: John Floyd, Associate Planner Re: Medical Marijuana Outreach Results Date: November 3, 2014 Outreach Summary At Council's request, staff conducted public outreach efforts to try to elicit a more nuanced understanding of community concerns and desires for the regulation of medical marijuana distribution within the city. These outreach efforts included the following: ➢ Establishment of a project website to disseminate information, including the construction of an online, interactive forum to encourage and facilitate more nuanced and deliberative feedback ➢ Topical article in Cityscape (September 2014) ➢ Direct written outreach to interested parties including advocacy groups and potential operators requesting both formal and informal feedback ➢ Press releases sent to major media outlets ➢ Verbal conversations with journalists, real estate professionals, and potential business operators ➢ Informal survey of Tigard business owners (pending) While results from the business community are pending, staff received written responses from only nine community members. A roughly equivalent number of general phone inquiries were received, with no associated written comments. ➢ Responses were a roughly even split between email (4 responses) and an online forum created to garner input and dialogue on the matter (5 responses). 1 ➢ Response rates were not at the level desired. One organization said their members were eager to participate but reluctant to make public statements due to the tone of conversation at previous forums on the topic. When assured by city staff that the online forum was moderated to prevent uncivil conduct, response rates still did not increase. ➢ Of the nine who self-selected to respond, four were strongly opposed to regulation, one was neutral, and four were in favor of local regulation. o Two respondents were in favor of a total ban on dispensaries within the city. o Three were in favor of local regulation of dispensaries, including one respondent who advocated for a 2,500 foot buffer from locations where children are present. o One was concerned about seniors and the disabled losing access to medical marijuana. o Two were firmly opposed to local regulation, believing it should be regulated in a manner similar to alcohol or firearms. ➢ Multiple phone respondents were taking a wait-and-see approach to potential regulations before submitting comments. Potential Business Activity in Tigard Staff has fielded a large volume of calls from realtors, property owners, and potential business owners regarding the temporary prohibition on dispensaries and potential future regulations of cannabis based businesses. The following is a short summary of common themes and questions: ➢ Several potential business owners believed Tigard was an underserved market, and the saturation of businesses in Portland was pushing them into Washington County. ➢ Pacific Highway was overwhelmingly viewed as the most desirable location for their business. ➢ Multiple property owners and real estate agents said they had received multiple and frequent inquiries regarding the lease or sale of a property to a dispensary or processing facility. Given this information, it is reasonable to assume that Tigard will experience an influx of new businesses and investment in this sector once the temporary prohibition is lifted. Measure 91 2 As Council is aware, Oregon voters legalized the recreational use of marijuana by voting to approve Measure 91 by a 12% margin (55.97% to 44.03% with a 69.5% statewide turnout). The measure passed by a slightly narrower margin within Washington County, and with a lower than normal participation rate as compared to historical turnout for Washington County(66% in contrast to 71.9% in 2010). While the bulk of this measure does not take effect until July 1, 2015, the market and local governments are beginning to respond to this impending change in legal status of marijuana. Tigard's ability to regulate this new economic sector, should Council choose to do so, remains relatively unchanged. Under Section 59 of the measure, "Cities and counties may adopt reasonable time, place and manner regulations of the nuisance aspects of establishments that sell marijuana to consumers if the city or county makes specific findings that the establishment would cause adverse effects to occur." This limitation on local regulations is consistent with previous council direction to prepare a draft ordinance that would address nuisance issues associated with the entire chain of marijuana production and distribution. As of the writing of this memo, a draft proposal and associated maps are nearing completion for Council and public review. 3 AIS-1976 10. Business Meeting Meeting Date: 11/25/2014 Length (in minutes): 5 Minutes Agenda Title: Discussion of Upcoming PMP Overlay Engineering Design Services Contract Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Financial and Information Services Item Type: Update,Discussion,Direct Staff Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE This will be a briefing of an upcoming contract before the Local Contract Review Board for pavement overlay engineering design and inspection services for the City's pavement management program to Murray,Smith& Associates,Inc. STAFF RECOMMENDATION / ACTION REQUEST Staff will provide a briefing and will seek input regarding additional information the Local Contract Review Board would like to see in determining the award of a contract for pavement overlay engineering design services for the City's pavement management program to Murray,Smith&Associates,Inc. for a potential five-years and $1,350,000 over the life of the contract. KEY FACTS AND INFORMATION SUMMARY The yearly Pavement Management Program (PMP) protects the city's investment in street infrastructure. The program typically includes a combination of minor maintenance projects (slurry seal applications) and major maintenance projects (pavement overlays). In a pavement overlay project, the pavement on a street has deteriorated due to traffic usage and weather,and is at the point where pavement repairs and overlays are necessary to avoid further deterioration and return the street to a good condition. The project's contract that will be coming before the LCRB for award in the near future is for design services related to the pavement overlay portion of the program.Work included under this contract will include: •An evaluation of existing pavement, •Recommendations of pavement treatments, •A survey of existing curb ramps, •Design of curb ramp retrofits to meet ADA requirements, •Design of the paving work,and •Inspection of the paving and curb ramp work. The city typically solicits these services each year but worked to develop the potential contract for the work as a one-year contract with the option of four additional one-year extensions.This should give the project some longer term stability and save on internal cost associated with the yearly solicitation costs. The city issued a qualification-based RFP on October 6,2014 and received proposals from four firms before the October 23 due date.The city's review team reviewed and scored the proposals based on the criteria set forth in the RFP document.The criteria was as follows: •Firm Qualifications and Specific Experience of Key Staff(40%), •Project Approach(30%),and •Project Samples (30%) As this was a qualification-based RFP due to the specific service no pricing criteria (hourly rate,estimated hours,total cost,etc.) was able to be used and negotiations were to be conducted once the top-qualified proposer was determined.The results of the scoring were as follows: 1.Murray,Smith&Associates,Inc. (97.67 average score) 2.Otak(87.67 average score) 3.Wallis Engineering(79.67 average score) 4.Project Delivery Group,LLC (70.33 average score) Based on the scores,staff moved forward on negotiations with Murray,Smith&Associates,Inc. The results of those negotiations are the first-year estimate of$265,508.Approximately$165,000 is for design work to be done in the winter and spring of 2015,to be paid in fiscal year 2014-15.Approximately$100,000 is for inspection work to be done in the summer of 2015,to be paid in fiscal year 2015-16.The cost of future years was projected using this figure to develop an estimated total contract cost of$1,350,000 over the possible five years. OTHER ALTERNATIVES The Local Contract Review Board may elect to not award the contract and direct staff to re-solicit the services and bring a new contract award before the Board in coming months. It should be noted that this would likely result in the city becoming late in the overlay work and could lead to much higher bids for the actual construction contract. The Local Contract Review Board may elect to award only a single year of the work rather than include the four one-year options and direct staff to solicit the work for future years at a later date.The contract would then be reduce down from a potential$1.35 million to approximately$265,000. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has seen this contract. Fiscal Impact Cost: $1,350,000 Budgeted (yes or no): Yes/Future Where budgeted?: CIP# 95001 from Street Maintenance Fund Additional Fiscal Notes: The proposed contract will be for one year with four additional one-year options. The total duration of the contract may not exceed five years. The estimated total five-year expenditure against this contract is estimated at$1,350,000. The total contract amount for calendar year 2015 is not to exceed$265,508. Of this amount,$165,857 is for design work to be done in the winter and spring of 2015,which will be paid in fiscal year 2014-15. The remaining$99,651 is for construction management and inspection work to be done in the summer of 2015,which will be paid in fiscal year 2015-16. Future years are anticipated to follow a similar pattern of design work in the winter and spring for construction in the summer. Attachments 2015 Design and Inspection Scope 2015 Design and Inspection Fee AgendaQuick©2005-2014 Destiny Software Inc.,All Rights Reserved SCOPE OF WORK CITY OF TIGARD ENGINEERING SERVICES FOR 2014 PAVEMENT MANAGEMENT PROGRAM Background The City of Tigard's transportation system includes about 152 miles of City-owned surface streets of varying size and capacity requiring periodic maintenance to keep them operational. The City established a Street Maintenance Fee in 2003 to address maintenance needs for these streets. A significant portion of the fees collected are to be spent on reconstruction/restoration of existing roadways. MSA provided services to the City in 2013 to complete pavement rehabilitation designs initially started by the City,and provided full design and construction administration services to the City in 2014. Project Description This project will include the design and construction of streets identified for pavement rehabilitation in 2015. Street segments being considered for pavement rehabilitation are listed below in Table 1. This list represents the "200%" list relative to available funding. Streets are generally in order of priority based on current information. It is expected that this list will be reduced to fit available funding. Key Assumptions: • Geotechnical information will be developed for the 200%list shown below. • Project designs will be developed only for the reduced 100% list(currently assumed to be Old Gaarde through Summercrest Drive). • Total curb ramps to be evaluated and(re)constructed will be approximately 115 based on the anticipated 100% list. • Curb ramps designs will be developed to approximate total footprint for bidding purposes. Final layout will be coordinated in the field with the contractor to meet the public right of way accessibility guidelines. City of Tigard MURRAY,SMITH&ASSOCIATES, INC. 2015 PMP November 2015 Engineers/Planners 1 c:\users\admini'1\appdata\local\temp\bcI technologies\easypdf 7\@ bc1@e4052f59\@bcl @e4052f59.docx Table 1: Z00% Street List Street From To ADT Heavy Length Area Curb Ramp Corners Gaarde (Old) Gaarde Hwy ggW 2,50o 30 450 16200 2 North Dakota Gallo Springwood 2,600 3o 4,000 120000 35 115th 5o's of N. Cottonwood Ln 1,6o0 10 goo 51200 6 92nd Ave Durham Waverly 3,000 6o 1,50o 66000 8 Nimbus Ave Scholls Ferry End 3,000 6o 1,150 55200 2 72nd Ave 217 Ramps Beveland 1,3000 65o 900 32400 6 Dartmouth St 99W Atlanta 8,000 25o 310 14880 1 78th Ave Pfaffle 99W 8,000 200 330 13200 2 72nd Ave 99W McD's Dwy 10,000 400 400 20000 2 Walnut St 99W Tiedman 9,000 200 3,000 108000 14 Springwood Dr East of 121st Scholls Ferry 1,200 12 2,400 76800 21 Summercrest Tigard Dr North Dakota goo 10 2,100 63000 10 Ventura Ct Barbara Alfred 800 10 1,450 4640o 2 74th Barbara Taylors Ferry 700 10 1,500 42000 5 Landmark Ln 72nd Ave End 600 6o 700 26600 1 96th Ave Murdock Sattler 800 3o 900 24300 3 Kable 98th tooth 1,200 15 700 23800 4 1ogth Ave Highland Naeve 800 10 300 960o 6 Fanno Creek Dr Bonita Both 1,000 12 1,200 38400 6 Grant Ave Walnut McKenzie 1,50o 20 450 14400 1 Grant Ave Johnson Tigard 2,200 20 1,100 37400 1 Oak St Hall 90th 2,000 30 1,400 42000 2 Oak St 69th 71st 600 10 82o 21320 0 Brookside Dr Walnut Johnson 500 5 95o 3040o 3 Frewing St Ash Ave O'Mara 400 4 2,000 18000 o Grant Ave Park St School St 400 4 700 21000 3 Sub-Total 1,032,50 146 City of Tigard MURRAY,SMITH&ASSOCIATES, INC. 2015 PMP November 2015 Engineers/Planners 2 c:\users\admini'1\appdata\local\temp\bcl technologies\easypdf 7\@ bc1@e4052f59\@bcl @e4052f59.doc, The City anticipates having the following construction budget (design and construction engineering services separate) available for this work Fiscal Year Construction Budget (Construction Year) 2015-16(2015) Approximately $1,300,000 The Consultant will develop pavement rehabilitation designs and produce a bid package to complete this work and incorporate City comments as received. Typical street treatments are expected to be overlays,grind and inlays,and localized pavement repairs if needed. City Responsibilities The City will be responsible for the following: • Reduce 200%street list to 100% list for use by consultant in developing designs. • Provide a project engineer/manager who is responsible for overall project development and management and for coordination between the consultant and the City • Establish the work scope and design parameters for each project,including the final street list and required standards. • Provide the Consultant copies of all available,relevant City utility"as-built"plans,topographical maps,reports and studies pertinent to the project. • Provide Consultant with GIS technical support including a base map based upon coordinate geometry with aerial photography and topographic contours. • Provide Consultant with the City's standard drafting frame,title block and any standards required to be followed if applicable. • Provide Consultant with digital copies of the City's standard construction specifications,details and"front end" bidding document sections. • Provide the Consultant with average daily traffic and percent heavy vehicles for each street. Collaboratively work with Consultant to determine reasonable distribution of heavy vehicle classifications. • Participate in field walk through with Consultant staff to verify pavement rehabilitation treatments. • Provide timely review and comment on drawings,bid items and quantities,and estimate submitted by Consultant to City for review and approval. • Maintain records and process consultant invoices. • Provide legal review of all contracts,bid forms,and real property • Provide notifications as necessary to the public and business community regarding the nature and timing of the work to be completed. • Advertise and manage the bidding process for construction. • Review and approve contractor payments and any construction contract change orders. • Provide public notifications regarding construction schedule and impacts. • Perform final inspection and provide feedback for punchlist items. Proposed Scope of Services The scope of design services for the contemplated work is presented below. City of Tigard MURRAY,SMITH&ASSOCIATES, INC. 2015 PMP November 2015 Engineers/Planners 3 c:\users\admini-1\appdata\local\temp\bcl technologies\easypdf 7\@ bcl @e4052f59\@bcl @e4052f59.docx Task 1— Project Management This effort covers the administration and coordination of the Consultant's staff,subconsukants,and the interface with the City project manager and other City staff. The effort will include the following subtasks: • Schedule,prepare for,and conduct a project kick-off meeting to review the purpose and scope of the project. • In addition to the project kickoff meeting,budget assumes two (2) additional meetings. The meetings will occur after the 50%submittal and after the 90% design submittals respectively. Consultant shall schedule and lead project meetings and prepare meeting agendas and minutes. For estimating purposes,it is assumed two(2) MSA team members will be present at each team meeting. • Coordinate submittal and review of plans,bid items and quantities,and estimate by the City at the 50% and 90% level of completion. • Process and submit monthly billings with a summary of project status by task and subtask,including a summary of invoicing from subconsultants retained for this project. • Preparation and maintenance of the overall project schedule including adding staff,subconsultants and other resources as needed to meet scheduled milestones. • Invoices (monthly) • Project Design Schedule • Meeting agendas and minutes for meetings Task 2 - Surveying Task 2.1 Preliminary Monument Research Since grind/inlay and overlay pavement rehabilitation has the potential to disturb existing monument,research will be completed to determine which monuments may be affected. It is also possible property corners may be disturbed as part of curb ramp construction. To minimize the risk of disturbance,work will include: • Research Washington County survey records for recorded surveys,subdivision plats and road drawings that show the location of all survey monuments and property corners that have been previously set within the work limits. • Research City of Tigard Benchmark records that describe the location of any city benchmarks in the areas of construction. • Field verify presence of monuments,property corners and benchmarks. • Using the research described above,provide a markup of the approximate locations on the project plans and incorporate this information into the plans in the 90%design documents (Task 6). Task 2.2 Pre-Construction Monument Survey It is assumed the contractor will be required to preserve or install monument boxes as needed to aid in the process of re- establishing monuments and property corners. Consultant shall provide pre-construction survey services for preserving monuments,property corners and benchmarks described as follows: • Includes establishing survey control and field locating existing centerline monuments,property corners and benchmarks within the limits of construction. • Staking the location of box monuments that will be installed during construction. City of Tigard MURRAY,SMITH&ASSOCIATES,INC. 2015 PMP November 2015 Engineers/Planners 4 c:\users\admini"'1\appdata\local\temp\bcl technologies\easypdf 7\@ bcl @e4052f59\@bcl @e4052f59.docx Task 2.3 Post-Construction Monument Survey Consultant shall provide post-construction survey services for preserving monuments,property corners and benchmarks described as follows: • Checking monument locations after construction. • Re-setting centerline monuments,property corners and benchmarks that are destroyed during construction. • Preparation and filing of a Post Construction Record-of-Survey with Washington County Surveyor's Office. • File the survey with Washington County. • Monument locations integrated into project plans • Filed post-construction survey with Washington County Task 3 - Utility Coordination Minor utility conflicts are anticipated for this project relative to pavement elevation changes (overlays) and curb ramp replacements. Utility adjustments during paving operations are anticipated to include valve box(gas and water) adjustments and manhole (storm,sewer and other) adjustments. Depending on each curb ramp design,above ground utility facilities may also need to be adjusted. Adjustments to City-owned facilities will be incorporated into the design. Utility coordination efforts will include: • Develop a utility contact information list and email project information letters to all utility companies involved to explain nature of the work • Provide project preliminary plans to each utility at 50%and 90%. • Maintain a record of correspondence with utility companies. • Identify conflicts and issue conflict notices to impacted utilities. • Coordinate with private utilities to resolve utility conflicts and finalize utility relocation requirements as appropriate. Affected utilities will be responsible for developing their relocation designs. Consultant shall review each utility's relocation plans and proposed schedule,provide written comments and issue approval. • Utility contact list • Project information letters and conflict notices to each affected utility • Reviewed utility relocation plans with comments and recommendations Task 4 - Pavement Services The City anticipates roadway rehabilitation will generally consist of overlay and grind and inlay paving where possible. In addition,some locations may require base repair or general reconstruction. The field investigation strategy will consist of shallow subsurface explorations,dynamic cone penetrometer(DCP),ground penetrating radar(GPR) testing,and field distress surveys. Information gathered during the field investigations will be used,together with the traffic data,to determine recommended rehabilitation strategies based on the AASHTO design procedure with the overall aim of minimizing grade increases and limiting overlays to 2 inches. The specific scope of services will include the following: City of Tigard MURRAY,SMITH&ASSOCIATES,INC. 2015 PMP November 2015 Engineers/Planners 5 c:\users\admini"1\appdata\local\temp\bcI technologies\easypdf 7\@ bc1@e4052f59\@bcl @e4052f59.docx • Attend a meeting with City staff and the City's civil engineering representative to discuss pavement design approach, options,and project team plan. • Review past City data regarding pavement construction,maintenance,and rehabilitation at each road section. • Conduct GPR tests in the outside wheel track of the main travel lanes on each street using a 2 GHz truck-mounted horn antenna. • Analyze truck-mounted GPR data and provide a plot of estimated AC thickness by pavement station. GPR data to be compared to the subsurface exploration data. • Complete up to 64 pavement cores with locations at the discretion of the engineer for the purpose of GPR comparison and pavement condition assessment. Complete cores at crack locations where possible to verify top-down or bottom-up cracking. This assumes approximately one to three cores for the majority of street sections listed above and approximately 4 to 8 cores for the four segments with the greatest lengths. Cores to be terminated at the bottom of the AC • Conduct DCP testing at each core location. Tests will be conducted through the base aggregate (if present) and into the subgrade soil to estimate the thickness and resilient modulus of the base layer as well as the resilient modulus of the subgrade. • Compare the results of core sampling to the GPR data and adjust GPR results as appropriate. • Provide a report summarizing the above undertakings,findings,and rehabilitation recommendations. • Conduct field visit with City staff with report in hand for use in reviewing site specific conditions and constraints. Conduct visit after ADA compliancy review so Consultant can also inform the City on which ramps will be reconstructed. • Utilize pavement investigation data and field visit observations to develop final pavement rehabilitation recommendations and designs as part of Tasks 5,6 and 7 below. • Report summarizing field investigation results and preliminary rehabilitation recommendations. Task 5 - 5o% Design During this phase,Consultant will develop engineering plans which reflect typical grind and inlay and overlay treatments. The plans will establish appropriate project limits,identify the design sections and edge and longitudinal treatment details,address catch basin treatments to appropriately manage bicycle and drainage concerns,establish which curb ramps need to be modified or replaced to meet ADA requirements and identify typical traffic control. Striping plans will be deferred until the 90% stage. Plan sheet format will generally follow the same format used for the 2014 project. Specific requirements under this task include: • Complete a review of the City's existing mapping,as-buihs,aerial photographs,topographic surveys and GIS information. • Integrate available base mapping into project plan sheets. • ADA compliance review: a. Obtain and review City curb ramp inventory information and incorporate data into the ADA compliancy review. b. Complete office desktop review at each street crossing within paving limits utilizing readily available aerial and streetview imagery. Determine where existing curb ramps exist and where new curb ramps are needed. Where sidewalks do not exist, no curb ramps are required for ADA compliance. Document existing/future ramp locations and initial review findings for each ramp utilizing FHWA checklist for ADA compliancy. c. Complete follow-up field evaluation of existing curb ramps and take measurements using FHWA checklist to determine ADA compliancy. d. Make determination of where curb ramps need to be replaced and/or added to meet ADA requirements. e. Develop conceptual sketches of curb ramps with approximate limits. f. Show curb ramp replacement/retrofit locations in the 50%plans and incorporate into cost estimate. City of Tigard MURRAY,SMITH&ASSOCIATES,INC. 2015 PMP November 2015 Engineers/Planners 6 c:\users\admini^'1\appdata\local\temp\bcI technologies\easypdf 7\@ bcl @e4052f59\@bcl @e4052f59.docx • Develop pavement treatment recommendations and incorporate treatments for each street. • Establish appropriate project limits,identifythe design sections and edge and longitudinal treatment details,address catch basin treatments to appropriately manage bicycle and drainage concerns and identify signal loops (ODOT or other) which may be impacted. • Prepare a 50% level cost estimate and bid schedule in a format acceptable to the City. Consultant will divide estimate and bid schedule into multiple bid schedules as directed by the City and depending on available funding. • Prepare 50% construction plans (1" =30'scale on half size sheets) and details as needed to clearly describe the work to be constructed. Construction plans shall,at a minimum,include civil notes,details and sections,and street improvement plans. For streets requiring more detail(arterials and some collectors),the construction plans may also include striping plans,signal detection,demolition and erosion control plans. It is assumed paving layout sheets and some details will be provided at this stage with striping layout sheets to be added at the 90% design level. • ADA compliance documentation,as necessary • Electronic versions of the 50% plans,bid items and quantities,and cost estimate (PDF and Excel). Task 6 - go% Design The 90% design submittal shall be advanced from the 50% submittal(incorporating all review comments). Additional tasks in addition to those listed above include: • Coordinate with ODOT as needed for signal loop replacements,curb ramp replacement and other work as maybe necessary on ODOT right-of-way. • No other permitting needs are anticipated. • Coordinate survey(Task 2) as needed for curb ramps to be reconstructed or added. • Refine curb ramp retrofit/replacement designs in conformance with Public Right-of-Way Accessibility Guidelines (PROWAG) and the ODOT/APWA standard drawings utilizing survey mapping. Include sufficient curb ramp layout information in project detail sheets sufficient for quantity take-off and initial field layout purposes. Curb ramp details will generally include slope direction,basic ramp dimensions,curb type and surface utility information. For estimating purposes,it is assumed up to 109 intersection corners with curb ramps will be (re)constructed. It is assumed final ramp limits will be field verified during construction based on measurement of formwork • Prepare front end contract documents using the City's most recent standard forms and technical specifications in ODOT/APWA format. • Electronic versions of the complete 90%contract documents including front end documents,technical specifications, plans,bid items and quantities,and cost estimate (PDF,Word and Excel). Task 7 - Final Design The final design submittal shall be advanced from the 90% submittal(incorporating all review comments). Additional tasks in addition to those listed above include: • Continue coordination with ODOT as necessary to develop a draft permit with conditions to be included in the bid documents. It is assumed the selected Contractor will sign and finalize the permit with ODOT prior to work on ODOT right-of-way. • Refine curb ramp designs as necessary based on City and ODOT feedback City of Tigard MURRAY,SMITH&ASSOCIATES,INC. 2015 PMP November 2015 Engineers/Planners 7 c:\users\admini^1\appdata\local\temp\bcI technologies\easypdf 7\@ bcl @e4052f59\@bcl @e4052f59.docx • Electronic versions of the complete contract documents including final front end documents,technical specifications, plans,bid items and quantities,and cost estimate (PDF,Word,Excel and CAD). • Provide one (1) reproducible set of construction plans. The construction plans shall include an 11"x17" (at 1" =30') set of construction drawings and details. Task 8 - Bidding Services It is assumed the City will print,advertise and be the primary point of contact for bidder inquiries. Consultant services will include: • Assist the City as needed in responding to all bidder inquires during the bid period. • Provide necessary bid addenda to address bidder questions,as needed. Task 9—Construction Phase Services The Consultant will provided construction contract administration,inspection and HMAC quality assurance testing with support from the City for public notifications and other coordination related items as needed. Construction phase services will include: • Attending a preconstruction meeting. • Reviewing requests for information,clarifications and change orders. • Review of contractor submittals,shop drawings and field testing(particularly focused on asphalt) for conformance to the design requirements of the project and in accordance with the requirements of the contract documents. Consult with and advise City as to the acceptability of substitute and"or-equal" items proposed for use by the contractor. • Construction inspection to monitor the progress and quality of the work,including preparation of construction inspection reports. Inspection time is assumed to include five visits per week,ten hours per visit over a 10 week construction period plus an additional four visits per week,eight hours per visit over a four week period during high production times. • Curb ramp layout coordination with the construction contractor to confirm ramps meet ADA compliance. Coordination is anticipated to include a pre-pour meeting,layout of demolition limits,checking of forms for every ramp location and spot checking grades after the pour. • HMAC quality assurance testing(assume two separate HMAC mix verification tests taken at the asphalt plant and two separate HMAC compaction testing days verification on newly placed HMAC • Assistance in determining if non-conforming contract work should be rejected. • Attendance at progress meetings (assume weekly for a total of two months) with contractor and City to address construction related issues. • Reviewing and making recommendations for contractor monthly progress payments (assumed four progress payments). • Attendance during the final inspection,preparation of a"punch list",and recommendation of final acceptance of work by the City. • Provide Record Drawings representative of the "as constructed" project. Record Drawings will be completed electronically and provided in PDF format. Preliminary Sheet List The following is the anticipated list of plan sheets based on an assumed 100% list: City of Tigard MURRAY,SMITH&ASSOCIATES, INC. 2015 PMP November 2015 Engineers/Planners 8 c:\users\admini`i\appdata\local\temp\bcI technologies\easypdf 7\fbbcI @e4052f59\!bd1e4052f59.docx Running Sheets Sheet Total Number Description i 1 Cover Vicinity Map, Sheet Index 2 1 C-i Overlay Quantities, Legend& Notes 3-5 3 C-2 to C-4 Paving Details 6-33 28 C-5 to C-32 Curb Ramp Details 1 Paving Layout-Gaarde(Old) 5 Paving Layout- North Dakota 2 Paving Layout-115th 2 Paving Layout—92nd Ave 2 Paving Layout—Nimbus Ave 2 Paving Layout-72nd Ave 34-60 L-i to L-27 i Paving Layout- Dartmouth St i Paving Layout-78th Ave Paving Layout-72nd Ave 4 Paving Layout-Walnut St 3 Paving Layout- Springwood Dr 3 Paving Layout- Summercrest Dr 61-65 CS-1 to CS-5 Striping Details 67-92 S-i to 5-27 Striping Layout(same format as paving layout shts.) Proposed Fee Estimate MSA proposes to perform this work on a time and expenses basis with a total not to exceed amount of$265,508 including design and construction services in accordance with the attached Exhibit A. Schedule The design schedule for the 2015 bid package will accommodate an anticipated bid opening in April 2015 with anticipated NTP to the construction contractor in June 2015 and construction beginning in July 2015. City of Tigard MURRAY,SMITH&ASSOCIATES,INC. 2015 PMP November 2015 Engineers/Planners 9 c:\users\admini"1\appdata\local\temp\bcl technologies\easypdf 7\@ bcl @e4052f59\@bc1@e4052f59.docx PROFESSIONAL ENGINEERING SERVICES FOR Exhibit A 2015 PAVEMENT MANAGEMENT PROGRAM CITY OF TIGARD PROPOSED FEE ESTIMATE TASK Pr Intipal Prof. Prefeadosal Prth.mM Eep. I'nY VI FnY 511 I nxineer IV F nemeer III I)rs.11 Iee6.111 Intern 1514 I.56ur Subs 050443" 3210 1148 5125 0117 3108 III 7. Veers QA 1i13J ._ T'rov B. (..be C. Andrew C. Robert N. Stnelair R. ':':. h' - 1.d 1-Prujat Vlanagenanl 11. 111e IMMO' 141.11 Mln, 4 . 10 5 1.249 S 26 MIMI M lulls(2 6ua1) I'_ 20 S 2 480 S 52'WM (oon1ual.d ,reannl 0 4 8 S 1024 S 10 EMMI M0016h 1.1111 s(10) 15 5 2_530 5 25 MEM Athalu4 4 6 S 728 1 7 ('.d 1808806d 5 28 II 11 26 0 I 59 S 2 $ - - - Toil-Sure • 2 I 1 Jna. Mecum.R.s.,reh _ 4 S 512 S 8 800 1 3 t jJ 2.2 Pre-Conamtlnn Monument Sn\5. 2 4 I 312 S 13,200 S 5 MHO 2.31666('orednalkn M,s,w■un Suns 4 S 512 S 5,900 S 5 MIMI Ld 2S.hr1 0 6 11 0 6 0 0 12 5 1 36 5 27'i 0 - 5 - 5 15 t.1 Turk 3-I.Why Coordination _. Ill Contact 1.ed and Nw11—.1111 16111)7, I 4 5 848 S 6 Said Plana to thud. _ 4 6 S 796 S 8 T Wand 1'oaOk'. 6 6 S 750 S 8 FMIII (uadulale('.811751 R.olunon 12 14 5 1,796 I 18 Man T.s4 3.5'a0aa1 0 5 26 II 0 11 11 31 S 3,9911 S - S - S - S 40 tEl Task 4-Pavan..tiervke. Iiekl Vaal adK abdualnn lk..l n. - 21 41, 0 6.144 S 441,1 89 1.4I6.06a1 11 24 11 11 24 II 0 48 1 6.144 S - 5 44411111 5 - $ 89 MET_IJ Task 5-50%1 et 6c,.rn ado end ink rale nnl in■ 4 n 5 15.1 bt IS MEM AIM oomph me mow,and nadonun,wlalans 1 199 unman) 12 79 79 Inv S 154:5 5 1114 INI Plana 112 ahlsl I 8 64 I 8I $ 9.162 5 I,'44 MEMnI��tnn ('osl 5.011Malo 4 211 24 1 2,752 1 2,IIt1l4YI ('.0155641.1111 1 28 0 79 171 8 11 286 S 32.809 S - S - S - S 1 90 riirMi Tad(6-90%Drag. `" :.. -. bw8, weld eunol5nta _ 4 5 _ S 7 FMB ()loll usnrluulnn 4 4 I2 5 I 404 6 IS�e��e�.nf1� Curb nun la ale 1119 Sane,/ 16 Illy 8 111 5 11,985 5 1 9714 wyayl flans(64 caw shwa be 5nd.udl rant 6 nos) I N 49 8 65 S 7114 S 970 wnw�Iawn ('nnhacl dot:mons and l¢hminal 1 '11'621101 16 4 5 21500 S 28!)!141}1 ('nslcNimale 12 14 S 1,152 5 16 FWEI Tad6Salawl 1 48 0 109 W B 0 250 5 29''5 8 - - lla2flA Task 7•Final 13edBm _ .. . . ,-... - 86.. .hale 01110mnla 1 4 5 f 580 5 6 1)1011 dealt • II 4 12 16 5 19 MI17,3 Phan 92 d11s I 37 44 S 473 Contact dmaus and 100/9431 '111611111 I 1'' 15 2 S t 2 M' ('ual ulunalc I „ 7 S 8 r Taal 7 Shcea1 I 211 0 8 47 - - ,S FirWL-] Task3•0Wd •Services :. Ng Iilika 11.197511 1 4 4 9 1334. S I- 9.Wawh 4 n ' 0 f 1 670 5 49 EMU Tad 850149631 I B B l( 12 2 0 9 $ - 5 - 5 - 5 61 t'7 Task 9-ConsbvcIkw Phase Sambas _ MI. Pre Al etnednn Moon) 4 4 8 11,24 S hi INaya R13s and dean,lnkel 2 16 4 22 322_0 S 12 rWITEI Sutmvla6 4 4 '4 4 36 4 32 $ 43 E.30 In tan B 5110 128 636 64 144 f 1 334 1> A 1e t11 4 8 4 16 024 6 600 20 EJIMI I0 w teleadat 1 12 12 24 3072 31 SWIM %Hail], I tras 111111 1 9 IN 27 3 576 $ 11 MEM low]an tion 4 1 12 1 456 S 13 IWO RSV,N.k:lmu]. 2 12 I 22 2,448 5 5211 rIlEal Tad 9Sahara 2 63 12 24 566 8 128 8113 84.996 S - S - S 6.6101 S 21118 EIMEI 707:41-ALL TASKS I1 231 38 220 936 10 128 1518 179,986 3 27,500 5 44,018.,...., 1)1)1)1). _ OM t'Iy of lhgW 56,1 m ..,.1.5..Ira. 2015 PM? 6orvl*n 2015 Sy11 ,.PI,..1,17c 1mu 1$040,2.13 NF..m.c1 a®I Pra,m I,,,.1.scopang 1 p 11111611 In Faers l i