City Council Packet - 12/08/2015 ;II "' City of Tigard
Tigard Business Meeting—Agenda
TIGARD
TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Revised 12/07/2015,
Executive session topics at beginning and end of meeting were reversed.
MEETING DATE AND TIME: December 8, 2015 - 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 (TDD -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.
11,‘ ■
City of Tigard
Tigard Business Meeting—Agenda
TIGARD
TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Revised 12/07/2015, Executive
session topics at beginning and end of meeting were reversed.
MEETING DATE AND TIME: December 8,2015 - 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. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss
exempt public records,under ORS 192.660 (2) (f). 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. 6:30 p.m. estimated time
B. LIAISON REPORTS 7:00 p.m. estimated time
7:30 PM
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. 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 and 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: ELECTION RESULTS,COUNCIL CALENDAR AND
TENTATIVE AGENDA
B. Local Contract Review Board:
1. CONSIDER CONTRACT AWARD FOR UTILITY BILLING MAILING SERVICES
2. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH METRO
FOR THE MAINTENANCE OF A TRAIL EASEMENT
•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. CONSIDER RESOLUTION TO APPOINT AUDIT COMMITTEE MEMBERS 7:40
estimated time
5. CONSIDER RESOLUTION TO APPOINT BUDGET COMMITTEE MEMBERS 7:45
p.m. estimated time
6. CONSIDER RESOLUTION TO APPOINT PLANNING COMMISSION MEMBERS 7:50
p.m. estimated time
7. CONSIDER RESOLUTION TO APPOINT TRANSPORTATION ADVISORY
COMMITTEE MEMBERS 7:55 p.m. estimated time
8. PUBLIC HEARING: SIDEWALK GAP PROGRAM 8:00 p.m. estimated time
9. DISCUSSION ON PROHIBITION ON SMOKING IN CITY PARKS 8:45 p.m. estimated
time
10. NON AGENDA ITEMS
11. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss the
performance of an executive officer,under ORS 192.660(2) (i).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. 9:05 p.m. estimated time
12. ADJOURNMENT 9:35 p.m. estimated time
AIS-2077 B.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): 15 Minutes
Agenda Title: Council Liaison Reports
Submitted By: Norma Alley, Central Services
Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg -
Study Sess.
Public Hearing: No Publication Date:
Information
ISSUE
Council will present liaison reports.
STAFF RECOMMENDATION / ACTION REQUEST
KEY FACTS AND INFORMATION SUMMARY
OTHER ALTERNATIVES
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
No file(s)attached.
City Upclate 12 / 8/ 15
November SUPPLEMENTAL PACKET
FOR befPi,6Pr 3,d a/ S'
EZ U I I 1 ed behind Tar Dom'' (DATE OF MEETING)
4ytnda_ h/em a . 3
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* S-tUderri- o r mon-Vh 615play
• C a n rye d �
hoc arty e " Mow' chunk hun er``
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• Ye s Br eakPasi
• TeeS undeVecx_4ed f'oL.11 seGsoY,
M surnrner Nights Dream "
Loottin5
Sel�ior zen t5 dance
W \ykAker 5ervtce drive
A N oti 10 mal Hoy-o r Soct e+y 131&1r et Drive
• Wivd-er Assembly
/ (1ry i racer vv i s1-yes); tcc\e'n)- aid iilons
• THS "adop\-iny -Farn11 •c s " Tor hD\iav_v sea sbh
AGENDA ITEM NO. 2.D - CITIZEN COMMUNICATION DATE: December 8, 2015
(Limited to 2 minutes or less,please)
The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks
that you first try to resolve your concerns through staff.
This is a Cite of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. _=ll
written and oral testimony becomes part of the public record. The names and addresses of persons who attend
or participate in Cite 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:
Also,please spell your name as it sounds,if it will _
help the presiding officer pronounce:
Address -
State C - Zip c �C -
Phone No. ORE C2 OPU 14-Llys
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
C\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 150922.doc
AIS-2471 3. A.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): Consent Item
Agenda Title: Receive and File: Election Results, Council Calendar and Council
Tentative Agenda
Submitted By: Carol Krager, Central Services
Item Type: Receive and File Meeting Type: Consent -
Receive and
File
Public Hearing: No Publication Date:
Information
ISSUE
Receive and file the official election results for the November 3, 2015, City of Tigard election
for two charter amendments and a general obligation bond measure for a community
recreation center. Receive and file the Council Calendar and the Tentative Agenda for future
council meetings.
STAFF RECOMMENDATION / ACTION REQUEST
No action is requested; this summary is for information purposes.
KEY FACTS AND INFORMATION SUMMARY
When the city recorder canvasses the votes received from the Washington County Elections
Division, a copy is filed with the city council to officially "receive and file" the election result
information. As detailed in the Abstract of Votes, the following are the results of the
November 3, 2015, election for the City of Tigard:
•Ballot Measure 34-239 - Charter amendment allowing councilors to run for office
without resigning - Failed (5,178 yes, 5,733 no)
•Ballot Measure 34-240 - Charter amendment increasing term limits - Failed ( 2,258 yes,
8,743 no)
•Ballot Measure 34-241 - General Obligations Bonds for a Community & Recreation
Center - Failed (3,877 yes, 7,443 no)
•The election results by precinct and a City of Tigard precinct map are attached. Voter
turnout for Washington County was 34.77 percent and voter turnout for the City of
Tigard was about. 40.8 percent.
Also attached are the Council Calendar and 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
Attachments
Abstract of Votes- November 3,2015 Election
Precinct Map
Three-month Council Calendar
Tentative Agenda
Tentative Agenda
WASHINGTON COUNTY
OREGON
November 20, 2015
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 Special
Election held on November 3, 2015.
Sincerely,
0 0/,/2 ai 1<ti' €
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
Special Election
November 3, 2015
Run Date:11/20/15 11:37 AM Report EL45 Page 001
VOTES PERCENT VOTES PERCENT
PRECINCTS COUNTED (OF 156) 156 100.00 3.468 City of Wilsonville
REGISTERED VOTERS - TOTAL 289.223 Urban Renewal District Formation
BALLOTS CAST - TOTAL 100.558 VOTE FOR 1
VOTER TURNOUT - TOTAL 34.77 Yes 28 62.22
No 17 37.78
34-235 Washington County LOL Over Votes 0
Library Services Under Votes 3
VOTE FOR 1
Yes 64.005 63.92
No 36,127 36.08
Over Votes 12
Under Votes 414
34.236 Washington County LOL
Public Safety Renewal
VOTE FOR 1
Yes 72,709 72.69
No 27,317 27.31
Over Votes 8
Under Votes 524
34-239 City of Tigard --
Charter Amendment • Council -
VOTE FOR 1
Yes 5,178 47.46 :7 ? -
•
No 5,733 52.54
Over Votes 1 .
i
Under Votes 510 • �` -
0,464
34.240 City of Tigard
Charter Amendment • Term
VOTE FOR 1
Yes 2.258 20.53
No 8.743 79.47
Over Votes 1
Under Votes 420 W.Ham , Dim
r ������ibis b�e a
iest
34-241 City of Tigard GOB a1�0 t y of J
Community & Recreation Center 1
VOTE FOR 1 - /
Yes 3.877 34.25
No 7.443 65.75 By'
Over Votes 0 > I
Under Votes 102
34-242 City of Sherwood
Annex 101.49 Acres
VOTE FOR 1
Yes 1,520 30.79
No 3.416 69.21
Over Votes 0
Under Votes 29
NUMBERED KEY CANVASS Washington County, Oregon Official
Special Election
RUN DATE:11/20/15 11:39 AM November 3, 2015 REPORT.EL52 PAGE 0001
TOTAL PERCENT TOTAL PERCENT
01 = REGISTERED VOTERS - TOTAL 289,223 03 = VOTER TURNOUT • TOTAL 34.77
02 = BALLOTS CAST - TOTAL 100,558
01 02 03
0301 301 1669 . 699 41.88
0302 302 2183 , 672 30.78
0303 303 929 . 306 32.94
0304 304 2793 . 844 30.22
0305 305 876 . 242 27.63
0306 306 598 . 175 29.26
0307 307 1698 . 586 34.51
0308 308 169 . 69 40.83
0309 309 3087 1073 34.76
0310 310 1593 . 610 38.29
0311 311 636 . 219 34.43
0312 312 742 . 310 41.78
0313 313 6 . . 4 66.67
0314 314 292 . 118 40.41
0315 315 950 . 439 46.21
0316 316 733 . 333 45.43
0317 317 954 . 364 38.16
0318 318 2784 . 903 32.44
0319 319 6304 1736 27.54
0320 320 2694 . 702 26.06
0321 321 296 . 76 25.68
0322 322 236 . 74 31.36
0324 324 452 . 169 37.39
0325 325 3 . . 2 66.67
0326 326 1768 . 694 39.25
0327 327 3574 1014 28.37
0328 328 1946 . 782 40.18
0329 329 6909 2392 34.62
0330 330 1279 . 471 36.83
0331 331 2288 . 578 25.26
0332 332 0 . . 0 .
0333 333 3440 . 717 20.84
0334 334 148 . 62 41.89
0335 335 4428 1676 37.85
0336 336 2775 . 953 34,34
0337 337 4034 1154 28.61
0338 338 4574 1253 27.39
0339 339 2541 . 581 22.87
0340 340 3252 1093 33.61
0341 341 311 . 127 40.84
0342 342 61 . 28 45.90
0343 343 4354 1493 34.29
0344 344 4129 1318 31.92
0345 345 26 . 10 38.46
0346 346 276 . 122 44.20
0347 347 62 . 29 46.77
0348 348 27 . . 9 33.33
0349 349 2571 . 677 26.33
0350 350 3043 . 981 32.24
0351 351 2553 . 603 23.62
0352 352 856 . 180 21.03
0353 353 1995 . 631 31.63
0354 354 3819 1460 38.23
0355 355 3026 . 962 31.79
0356 356 1801 . 509 28.26
0357 357 1552 . 489 31.51
NUMBERED KEY CANVASS Washington County. Oregon Official
Special Election
RUN DATE:11/20/15 11:39 AM November 3, 2015 REPORT•EL52 PAGE 0002
TOTAL PERCENT TOTAL PERCENT
01 = REGISTERED VOTERS • TOTAL 289,223 03 = VOTER TURNOUT • TOTAL 34.77
02 = BALLOTS CAST - TOTAL 100,558
(CONTINUED FROM PREVIOUS PAGE) 01 02 03
0359 359 2301 . 676 29.38
0360 360 2850 . 759 26.63
0361 361 1656 . 358 21.62
0362 362 3563 1342 37.66
0363 363 3354 1209 36.05
0364 364 4289 1657 38.63
0365 365 2879 1232 42.79
0366 366 1939 . 543 28.00
0367 367 3732 1266 33.92
0368 368 3706 1188 32.06
0369 369 1807 . 614 33.98
0370 370 2172 . 761 35.04
0371 371 2209 . 839 37.98
0372 372 1738 . 696 40.05
0373 373 307 . 127 41.37
0374 374 13 . 13 100.0
0375 375 267 . 92 34.46
0376 376 1910 . 692 36.23
0377 377 2282 . 959 42.02
0378 378 1715 . 582 33.94
0379 379 2381 . 765 32.13
0380 380 2235 . 910 40.72
0381 381 1501 . 481 32.05
0382 382 3037 . 907 29.86
0383 383 1037 . 434 41.85
0384 384 2326 . 972 41.79
0385 385 2998 1170 39.03
0386 386 2767 1299 46.95
0387 387 993 . 254 25.58
0388 388 869 . 307 35.33
0389 389 2362 . 709 30.02
0390 390 3717 1368 36.80
0391 391 317 . 65 20.50
0392 392 173 . 40 23.12
0393 393 651 , 264 40.55
0394 394 231 . 45 19.48
0395 395 3216 1045 32.49
0396 396 894 . 357 39.93
0397 397 2413 . 858 35.56
0398 398 1665 . 576 34,59
0399 399 2217 . 779 35.14
0400 400 2948 1068 36.23
0401 401 1678 . 723 43.09
0402 402 1034 . 423 40.91
0403 403 3726 1709 45.87
0404 404 2654 1092 41.15
0405 405 4458 1918 43.02
0406 406 3107 1159 37.30
0407 407 1679 . 736 43.84
0408 408 4304 2152 50.00
0409 409 2727 . 934 34.25
0410 410 2927 . 910 31.09
0411 411 2625 . 612 23.31
0412 412 1857 . 610 32.85
0413 413 962 . 279 29.00
0414 414 590 . 210 35.59
0415 415 474 . 295 62.24
NUMBERED KEY CANVASS Washington County, Oregon Official
Special Election
RUN DATE:11/20/15 11:39 AM November 3, 2015 REPORT-EL52 PAGE 0003
TOTAL PERCENT TOTAL PERCENT
01 = REGISTERED VOTERS • TOTAL 289,223 03 = VOTER TURNOUT - TOTAL 34.77
02 = BALLOTS CAST • TOTAL 100.558
(CONTINUED FROM PREVIOUS PAGE) 01 02 03
0416 416 1696 . 642 37.85
0417 417 1270 . 407 32.05
0418 418 1983 . 731 36.86
0419 419 1687 . 954 56.55
0420 420 3260 1112 34.11
0421 421 284 . 89 31.34
0422 422 24 . 10 41.67
0423 423 3031 . 864 28.51
0424 424 4205 2075 49.35
0425 425 980 . 364 37.14
0426 426 418 . 168 40.19
0427 427 30 . 10 33.33
0428 428 1404 . 432 30.77
0429 429 2708 . 756 27.92
0430 430 902 . 536 59.42
0431 431 1309 . 528 40.34
0432 432 299 . 48 16.05
0433 433 2163 . 714 33.01
0434 434 3592 1174 32.68 .5./..-ii.' .N.-
0435 435 3798 1935 50.95 4:1.14: 21.'4:Ji
L0436 436 2112 . 706 33.43 0437 437 51 . 27 52.94 ` ffi'� ±0438 438 247 . 60 24.29
0439 439 218 . 72 33.03 14. _x.
0440 440 1243 . 312 25.10 �y •.•.
0441 441 64 . 22 34.38 ' • :4,..%%,),/
ar
frve
0443 443 22 . . 8 36.36
0444 444 1350 . 415 30.74
0446 446 3654 1305 35.71
0447 447 2088 . 857 41.04
0448 448 418 . 87 20.81
0449 449 98 . 32 32.65
0450 450 70 . 30 42.86 I,Rickard W.Hoberakif, DiwctorofAsaeetenetai
0451 451 0 . . 0 . . . and Mutation and Ex-Officio County Clerk for
0452 452 2156 . 487 22.59 Washington County,do hereby certify this to be a
0454 454 893 . 285 31.91 true and con copy of the original.
0455 455 99 . 36 36.36 pate: //14,1,e1/2",e1/2" 1, .. i i)L5-/
0456 456 30 . . 5 16.67 .
0457 457 2278 . 955 41.92e //A v�
y; ,
0458 458 2667 1143 42.86
0459 459 2820 1003 35.57 _ 4/.;://7-7)._./
0460 460 2430 . 480 19.75
0461 461 2638 . 869 32.94
NUMBERED KEY CANVASS Washington County. Oregon Official
Special Election
RUN DATE:11/20/15 11:39 AM November 3, 2015 REPORT-EL52 PAGE 0010
VOTES PERCENT VOTES PERCENT
34-239 City of Tigard
Charter Amendment • Council
VOTE FOR 1
01 = Yes 5,178 47.46 03 = OVER VOTES 1
02 = No 5,733 52.54 04 = UNDER VOTES 510
01 02 03 04
0400 400 415 596 0 57
0402 402 194 208 0 21
0403 403 795 847 1 66
0404 404 474 570 0 48
0405 405 911 918 0 89
0406 406 500 617 0 42
0408 408 1036 1000 0 116
0409 409 420 473 0 41
0416 416 285 340 0 17
0427 427 5 5 0 0
0450 450 13 17 0 0
0454 454 130 142 0 13
.r
• S.
NUMBERED KEY CANVASS Washington County, Oregon Official
Special Election
RUN DATE:11/20/15 11:39 AM November 3, 2015 REPORT-EL52 PAGE 0011
VOTES PERCENT VOTES PERCENT
34-240 City of Tigard
Charter Amendment • Term
VOTE FOR 1
01 = Yes 2,258 20.53 03 = OVER VOTES 1
02 = No 8,743 79.47 04 - UNDER VOTES 420
01 02 03 04
0400 400 212 810 1 45
0402 402 73 334 0 16
0403 403 327 1341 0 41
0404 404 214 838 0 40
0405 405 398 1440 0 80
0406 406 251 867 0 41
0408 408 449 1605 0 98
0409 409 152 746 0 36
0416 416 123 505 0 14
0427 427 3 7 0 0
0450 450 6 24 0 0
0454 454 50 226 0 9
NUMBERED KEY CANVASS Washington County, Oregon Official
Special Election
RUN DATE:11/20/15 11:39 AM November 3, 2015 REPORT-EL52 PAGE 0012
VOTES PERCENT VOTES PERCENT
34-241 City of Tigard GOB
Community & Recreation Center
VOTE FOR 1
01 = Yes 3,877 34.25 03 = OVER VOTES 0
02 = No 7,443 65.75 04 = UNDER VOTES 102
01 02 03 04
0400 400 390 670 0 8
0402 402 138 274 0 11
0403 403 500 1197 0 12
0404 404 401 688 0 3
0405 405 686 1209 0 23
0406 406 504 652 0 3
0408 408 648 1477 0 27
0409 409 282 641 0 11
0416 416 213 425 0 4
0427 427 2 8 0 0
0450 450 11 19 0 0
0454 454 102' 183 0 0
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MEMORANDUM
TIGARD
TO: Honorable Mayor&City Council/City Center Development Agency Board
FROM: Carol A. Kroger,City Recorder
RE: Three-Month Council/CCDA Meeting Calendar
DATE: December 1,2015
December
1 Tuesday City Center Development Agency—6:30 p.m.,Town Hall
8* Tuesday Council Business Meeting—6:30 p.m.,Town Hall
15* Tuesday Council Workshop/Business Meeting—6:30 p.m.,Town Hall
22 Tuesday Council Meeting Cancelled. Council Training&Groundrules Meeting—
5:30-9:30 p.m.,Fanno Creek House
25 Friday Christmas Holiday—City Offices&Library Closed
January
1 Friday New Year's Day Holiday—City Offices&Library Closed
5 Tuesday City Center Development Agency CANCELLED—6:30 p.m.,Town Hall
12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall
18 Monday Martin Luther King Jr. Day—City Offices Closed,Library Open
19* Tuesday Council Workshop/Business Meeting—6:30 p.m.,Town Hall
26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall
28 Thursday Council Outreach—6:30-8:30 p.m.,Summerfield Clubhouse
February
2 Tuesday City Center Development Agency—6:30 p.m.,Town Hall
4 Thursday State of the City Address,Indio Spirits,7272 SW Durham Rd. #100,6:30-8:30 p.m.
9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall
15 Monday Presidents'Day Holiday—City Offices Closed,Library Open
16* Tuesday Council Workshop/Business Meeting—6:30 p.m.,Town Hall
23* Tuesday Council Business Meeting—6:30 p.m.,Town Hall
Regularly scheduled Council meetings are marked with an asterisk M.
is\adm\city recorders\council calendar\3-month calendar word format.doc
i
Meeting Banner 0 Business Meeting El
Study Session 0 Special Meeting
Consent Agenda 0 Meeting is Full
Workshop Meeting❑ CCDA Meeting
City Council Tentative Agenda
11/30/2015 9:38 AM - Updated
Form Meeting Submitted Meeting Inbox or
# Date ,By Type Title Department Finalized
2042 12/08/2015 Norma Alley AAA December 8, 2015 Business Meeting
i - 11
2077 12/08/2015 Norma Alley CCBSNS 15 Minutes - Council Liaison Reports City 12/22/2014
Management
Dana Bennett 30 Minutes - Executive Session per ORS 192.660 (2)(i) _ I
_ 45 of 45 Minutes38111,111,MMY SESFULL I
2358 12/08/2015 Joseph CCBSNS Consent Item - Contract Award - Utility Billing Mailing Finance and 11/19/2015
Barrett Services Information
Services
2416 12/08/2015 Steve Martin CCBSNS Consent Item - Consider Authorizing the City Manager to Public Works 11/25/2015
Sign an IGA with Metro for the Maintenance of a Trail
Easement
2471 12/08/2015 Carol Krager CCBSNS Consent Item - Receive and File: Election Results, Council Central Services Krager C, City
Calendar and Council Tentative Agenda Recorder
2353 12/08/2015 Liz Lutz CCBSNS 1 5 Minutes - Appoint Audit Committee Members Finance and Info 11/24/2015
Services
2354 12/08/2015 Liz Lutz CCBSNS 2 5 Minutes - Appoint Budget Committee Members Finance and Info 11/24/2015 I
Services
2405 12/08/2015 Doreen CCBSNS 3 5 Minutes - Appoint Planning Commission Members Community 11/24/2015 I
Laughlin Development
2439 12/08/2015 Joe Patton CCBSNS 4 5 Minutes - Appoint Transportation Advisory Committee Community 11/25/2015
Members Development
2324 12/08/2015 Carissa Collins CCBSNS 5 45 Minutes - Public Hearing: Sidewalk Gap Program Finance and MartyW, City
Information Manager
_ Services
2415 12/08/2015 Carol Krager CCBSNS 6 20 Minutes - Prohibition of Smoking in City Parks City 11/25/2015 I
Management
Carol Krager 7 15 Minutes - Executive Session per ORS 192.660(2)(f) I
I11
1 I i' .1
is\citywide\tentagenda\november 30 2015.docx
Meeting Banner 0 Business Meeting❑
Study Session 0 Special Meeting
Consent Agenda 0 Meeting is Full
Workshop Meeting 0 CCDA Meeting
City Council Tentative Agenda
11/30/2015 9:38 AM - Updated
Form Meeting Submitted Meeting Inbox or
Date By Type Title Department Finalized
2043 12/15/2015 Norma Alley AAA December 15, 2015 Workshop Meeting
f - I
2424 12/15/2015 Carol Krager CCWKSHOP 1 45 Minutes - Joint Meeting with the Budget Committee Finance and MartyW, City
Information Manager
Services
2464 12/15/2015 Susan Shanks CCWKSHOP 2 15 Minutes - IGA with WA County for Funding Roy Community Patton, J., Senior
Rogers Rd Improvements Development Administrative Sp
2411 12/15/2015 Cheryl Caines CCWKSHOP 3 30 Minutes - Tigard Triangle Project Update Community Patton, J., Senior
Development Administrative Sp
2413 12/15/2015 Susan Shanks CCWKSHOP4 30 Minutes - River Terrace Update Community 11/05/2015
Development
2476 12/15/2015 Rudy Owens CCWKSHOP 5 20 Minutes - Receive Report on Tigard Community City Owens R, Comm.
Attitudes Survey Management Strategist
2423 12/15/2015 Loreen Mills CCWKSHOP 6 40 Minutes - Executive Session - exempt public records City 10/28/2015
under ORS 192.660(2) (f) Management
I _ 11
2044 12/22/2015 Norma Alley AAA December 22, 2015 Council Training
Fanno Creek House 5:30-9:30 p.m.
- II
2470 01/05/2016 Norma Alley AAA January 5, 2016 CCDA Meeting - CANCELLED
I
2402 01/12/2016 Carol Krager AAA January 12, 2016 Business Meeting
f �I
2462 01/12/2016 Lloyd Purdy ACCSTUDY 1 15 Minutes - Executive Session per ORS 192.660(2)(e) Community 11/05/2015
Real Property Transaction Development
2425 01/12/2016 Norma Alley ACCSTUDY 2 15 Minutes - Council Liaison Reports Central Services 10/29/2015
2473 01/12/2016 Carol Krager ACCSTUDY 3 15 Minutes - Receive Update from Metro Councilor Central Services Krager C, City
Dirksen Recorder
- - +f 45 Minutes Scheduled — STUDY
2 I' i �
is\citywide\tentagenda\november 30 2015.docx
Meeting Banner ❑ Business Meeting❑
Study Session 0 Special Meeting ❑
Consent Agenda 0 Meeting is Full
Workshop Meeting CCDA Meeting
City Council Tentative Agenda
11/30/2015 9:38 AM - Updated
Form 'Meeting Submitted Meeting Inbox or
Date By Type Title Department Finalized
2394 01/12/2016 Lisa Shaw ACONSENT Consent Item - Intellectual Property Crimes Task Force - Police Shaw L, Police
IGA Business Manager
I - II
2474 01/12/2016 Sean Farrelly CCBSNS 1 5 Minutes - Appoint City Center Advisory Commission Community Farrelly S, Redev
Members Development Project Manager
2328 01/12/2016 Norma Alley CCBSNS 2 45 Minutes - Public Hearing: Consideration of a Parks & Finance and Info LaFrance T,
Recreation Charge Services Fin/Info Svcs Dir
2463 01/12/2016 Gary CCBSNS 3 45 Minutes - Medium Density Residential (R-12) Community Pagenstecher G,
Pagenstecher Preservation Development Assoc Planner
2376 01/12/2016 Dana Bennett CCBSNS 4 5 Minutes - Consider Amendment to Contract City Bennett, D, HR
Managementnt DirectAmid
I II
2403 01/19/2016 Carol Krager AAA January 19, 2016 Workshop Meeting
Mayor Cook Absent
2389 01/19/2016 Judy Lawhead CCWKSHOP 10 Minutes - Briefing on an Intergovernmental Agreement Public Works McCarthy M,
with the Oregon Department of Transportation for Design St/Trans Sr Proj
and Construction of New Sections of Fanno Cr. Trail Eng__
Total Time: 10 of 180 Minutes Scheduled
I _- --__ -
2404 01/26/2016 Carol Krager AAA January 26, 2016 Business Meeting
2426 01/26/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015
Total Time: 15 of 45 Minutes Scheduled
I I
2390 01/26/2016 Judy Lawhead CCBSNS 10 Minutes - Consider Authorizing the City Manager to Public Works McCarthy M,
Sign an IGA with ODOT for Design and Construction of St/Trans Sr Proj
New Sections of the Fanno Creek Trail Eng
2467 01/26/2016 Susan Shanks CCBSNS 5 Minutes - IGA with WA County for Funding Roy Rogers Community Shanks S, Senior
Rd Improvements Development Planner
3 :' c
i:\citywide\tentagenda\november 30 2015.docx
Meeting Banner 0 Business Meeting 0
Study Session 0 Special Meeting
Consent Agenda 0 Meeting is Full
Workshop Meeting❑ CCDA Meeting
City Council Tentative Agenda
11/30/2015 9:38 AM - Updated
Form Meeting Submitted Meeting Inbox or
Date By Type Title Department Finalized
2478 01/26/2016 Carol Krager CCBSNS 40 Minutes - Continued Discussion on Sidewalk Gap Finance and Info LaFrance T,
Program Ballot Title Services Fin/Info Svcs Dir
Total Time: 55 of 100 Minutes Scheduled
2420 02/02/2016 Carol Krager AAA February 2, 2016 CCDA Meeting
I II
2125 02/02/2016 Sean Farrelly CCDA 15 Minutes - Fanno Creek Overlook Update Community Farrelly S, Redev
Development Project Manager
2134 02/02/2016 Sean Farrelly CCDA 20 Minutes - Downtown Housing Inventory and Report Community Farrelly S, Redev
Development Project Manager
2135 02/02/2016 Sean Farrelly CCDA 20 Minutes - Downtown Jobs Inventory and Report Community Farrelly S, Redev
Development Project Manager
Total Time: 55 of 100 Minutes Scheduled
02/04/2016 February 4, 2016 State of the City Address
Indio Spirits (7272 SW Durham Rd., #100)
6:30-8:30 p.m.
2419 02/09/2016 Carol Krager AAA February 9, 2016 Business Meeting
2427 02/09/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015
Total Time: 15 of 45 Minutes Scheduled
2479 02/09/2016 Carol Krager CCBSNS 35 Minutes - Public Hearing: Approve Resolution Finance and LaFrance T,
Submitting to the Voters a Referral on Financing a Information Fin/Info Svcs
Sidewalk Gap Program Services Director
2480 02/09/2016 Carol Krager CCBSNS 30 Minutes - Legislative Public Hearing: Consider Finance and LaFrance T,
Ordinance Amending TMC Chapter 15.20 Street Information Fin/Info Svcs
Maintenance Fee Services Director
2481 02/09/2016 Carol Krager CCBSNS 35 Minutes - Public Hearing: Consider Resolution to Adopt Finance and Info Krager C, City
Increased Street Maintenance Fee Services Recorder
4 Pa c
is\citywide\tentagenda\november 30 2015.docx
Meeting Banner 0 Business Meeting 0
Study Session 00 Special Meeting
Consent Agenda 0 Meeting is Full
Workshop Meeting❑ CCDA Meeting
City Council Tentative Agenda
11/30/2015 9:38 AM - Updated
Form Meeting Submitted Meeting Inbox or
Date By Type Title Department Finalized
I --_ -- — — II
2421 02/16/2016 Carol Krager AAA February 16, 2016 Workshop Meeting
i — - II
2374 02/16/2016 Liz Lutz CCWKSHOP 30 Minutes - City of Tigard Financial Audit Report Finance and Lutz L, Conf Exec
Information Asst
Services
2417 02/16/2016 Marissa Grass CCWKSHOP 30 Minutes - Community Development Block Grant Community Grass M, Assoc
(CDBG) Entitlement Status Discussion Development Planner
2465 02/16/2016 John Goodrich CCWKSHOP 30 Minutes - Willamette Water Supply Project - Project by Public Works Goodrich J,
Other Agencies - Update Division Manager
Total Time: 90 of 180 Minutes Scheduled
2422 02/23/2016 Carol Krager _AAA February 23, 2016 Business Meeting
2428 02/23/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015
Total Time: 15 of 45 Minutes Scheduled
5IPagc
i:\citywide\tentagenda\november 30 2015.docx
AIS-2358 3. B. 1.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): Consent Item
Agenda Title: Contract Award - Utility Billing Mailing Services
Prepared For: Joseph Barrett
Submitted By: Joseph Barrett, Finance 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 for printing and mailing services for
the city's utility bills to BMS Technologies for an estimated $750,000 over five years.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Local Contract Review Board award the printing and mailing services
contract for the city's utility bills to BMS Technologies for an estimated $750,000 over five
years and further authorize the City Manager to take the necessary steps to execute the
contract.
KEY FACTS AND INFORMATION SUMMARY
The city currently generates approximately 250,000 utility bills during a calendar year.
Mailings average 4,850 bills, 300 urgent notices, and 50 final statements each week reaching
over 18,500 customers monthly. Bills are processed 52 weeks a year though the city's
Springbrook financial system. In addition to standard utility bills, each week the City also
sends Urgent Notices via USPS first class mail to customers who are past due on their
account. As with standard bills, a file will be sent to the Awarded Contractor electronically so
these Urgent Notice statements can be printed and mailed by the Awarded Contractor. For
those bills that are not paid and are approaching the deadline for water to be disconnected
due to non-payment, a file will be sent to the Awarded Contractor to prepare Final Notices in
a pdf file that can then be printed by the City.
The city uses the services of a contractor to provide printing, mailing, including postage, and
barcode service for the city's Financial and Information Services Department. The bulk of
the services will be provided to the city's Utility Billing division but may also include other
special mailings such as the City's Business License renewal notices. The mailing and barcode
service shall include same-day service for the printing of utility statement sent electronically to
the Awarded Contractor, folding and inserting into envelopes, printing of bar code on
envelopes, applying postage, and delivering to the Post Office.
The city issued an RFP for the services on September 11th and received responses back from
six firms
•BMS Technologies
•AFTS
•Databar
•Epiq Systems
•Metro Presort
•Sebis Direct
The scoring panel reviewed these proposals based on the criteria in the RFP and determined
that BMS Technologies, Epiq Presort, and Metro Presort to be the top ranking firms. The
panel's consensus was to issue a "Best and Final" pricing request to the three top ranking
firms in order to best determine the potential contract cost. Two of the selected firms (BMS
Technologies and Metro Presort) submitted revised pricing. After reviewing the new pricing
and taking the other criteria into account, the scoring panel has determined that BMS
Technologies submitted the proposal that best meets the needs of the city. As such, the
panel recommends the LCRB award the contract for printing and mailing for the city's utility
bills to BMS Technologies for an estimated $750,000 over five years.
OTHER ALTERNATIVES
The Local Contract Review Board may reject the proposals and direct staff to reissue the RFP.
The Local Contract Review Board may reject the proposals and direct staff to evaluate the
feasibility of taking the work in-house.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
The Local Contract Review Board discussed this contract at their November 10, 2015
meeting and was unanimous in agreeing to have this move forward on consent.
Fiscal Impact
Cost: $150,000/y
Budgeted (yes or no): Yes
Where budgeted?: Central Services
Additional Fiscal Notes:
The proposed contract is for an estimated $150,000/year for up to five years. The total over
five years is estimated at $750,000. The funds are budgeted annually in the Central Services
Fund via transfers from the utility funds.
Attachments
No file(s) attached.
AIS-2416 3. B. 2.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): Consent Item
Agenda Title: Consider Authorizing the City Manager to Sign an IGA
with Metro for the Maintenance of a Trail Easement
Prepared For: Steve Martin Submitted By: Steve Martin,
Public Works
Item Type: Motion Requested Meeting Type: Council Business
Meeting - Main
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall Council authorize the city manager to sign an intergovernmental agreement (IGA) with
Metro for the maintenance of a trail easement in the Sunrise Lane area?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends authorizing the city manager to sign the IGA.
KEY FACTS AND INFORMATION SUMMARY
This IGA is for a trail easement that Metro has acquired, and the existing trail that Tigard will
maintain, that connects Sunrise Lane to Sandridge Lane (at Mistletoe Drive under the power
lines). The short, 750-foot long paved trail within this easement is currently on private
property. Metro has already acquired the easement for the trail corridor and expects to
purchase outright the 1.1-acre portion of the property that includes the trail segment in 2016.
The trail will eventually connect to the future Westside Trail, several neighborhoods on Bull
Mountain, to Sunrise Lane and the future Sunrise Community Park. This trail segment is
identified as Trail #9 in the 2009 Tigard Neighborhood Trails Plan (Page 49) and is
considered a high priority in that plan.
It is important to note that this IGA is written so that it can be amended with council
approval for future Metro trail acquisitions in Tigard that are acquired under this program for
regional trails. The IGA allows 90 days for council approval to amend the IGA for any
additional trail segments. Allowing amendments to this IGA (rather than a new IGA each
time) will greatly reduce staff and attorney time for both agencies on future cooperative
regional trail efforts.
OTHER ALTERNATIVES
Council could choose not to approve the IGA.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
This trail greatly enhances the strategic plan in this area by providing an important connection
between neighborhoods.
DATES OF PREVIOUS CONSIDERATION
Council was briefed on this IGA, along with two other IGAs, in the October 13, 2015, study
session.
Fiscal Impact
Cost: Not Available
Budgeted (yes or no): Yes
Where Budgeted (department/program): Park Utility
Additional Fiscal Notes:
The maintenance of this trail will require some additional park staff time in the Park Utility
budget.
Attachments
Sunrise Trail IGA
Sunrise Aerial
Sunrise Trail area
INTERGOVERNMENTAL AGREEMENT
(Costiuc Property Management)
This Intergovernmental Agreement("Agreement")dated this_day of ,2015(the
"Effective Date"),is by and between Metro,a municipal corporation,located at 600 NE Grand Avenue,Portland,
Oregon 97232-2736("Metro"),and the City of Tigard,a municipal corporation,located at 13125 SW Hall
Boulevard,Tigard,Oregon 97223(the"City").
RECITALS
WHEREAS,on November 7,2006,voters approved Ballot Measure 26-80,Natural Areas Bond Measure,
authorizing Metro,a municipal corporation,to issue general obligation bonds for the protection of open spaces,
parks and streams("Metro Natural Areas Bond Measure");
WHEREAS,on October 29,2015,Metro acquired a trail easement(the"Trail Easement")over
approximately 1.15 acres of real property in the City of Tigard(current tax lot ID#2 S 105DD02101),and more
particularly described in Exhibit A attached hereto and incorporated herein(the"Costiuc Property");
WHEREAS,the Costiuc Property is located within the Westside Trail Target Area,an area specifically
identified pursuant to the Metro Natural Areas Bond Measure as regionally significant due to its wildlife habitat
values and contribution to water quality,and important trail,and is also identified as a regionally significant open
space and trail system in the Metro Greenspaces Master Plan;
WHEREAS,on May 15,2014 the Metro Council approved the Westside Trail Master Plan,which includes
25 miles of trail and connects a significant number of parks and natural areas in Washington County;
WHEREAS,there is an existing paved trail on the Costiuc Property that was identified as an important
community connection to the Westside Trail in the Westside Trail Master Plan;
WHEREAS,Metro and the City wish to manage the Costiuc Property to protect water,habitat,and to
continue to provide an important trail connection,and therefore desire to enter into this Agreement to provide for the
responsibilities and obligations of the parties with respect to the management,maintenance,and operation of the
Costiuc Property in accordance with the provisions of this Agreement.
AGREEMENT
NOW,THEREFORE,in consideration of the foregoing and the mutual covenants of the parties set forth in
this Agreement,the receipt and adequacy of which are acknowledged,the parties agree as follows:
1. Current Trail Easement Acquisition;Future Fee Title Acquisition. The Trail Easement encumbers all of
the Costiuc Property,and Metro has agreed to acquire the remainder of fee title to the Costiuc Property once the
current owner("Costiuc")completes a partition. In the period before Metro acquires fee title,Costiuc retains
access rights,as described in the Trail Easement. Upon Metro's acquisition of fee title to the Costiuc Property,
following the partition,the Trail Easement shall automatically terminate,and Metro will grant Costiuc an access
easement on similar terms set forth in the Trail Easement,providing a copy to the City. Should the legal
description of the Costiuc Property change upon fee title acquisition,Metro will also provide this updated legal
description to City promptly via letter.
2. Properties to be Managed Pursuant to This Agreement. This Agreement shall be applicable to(i)the
Costiuc Property,(ii)subsequent properties acquired solely by Metro within the City pursuant to the Metro
Natural Areas Bond Measure,to the extent that Metro has notified the City that Metro wishes City to manage a
property and City has accepted such responsibilities per Section 5(a)and 5(c)of this Agreement,and(iii)trail
easements acquired by Metro within the City pursuant to the Metro Natural Areas Bond Measure,to the extent
that Metro has notified the City that Metro wishes the City to take ownership and the City has accepted such
Page 1 —Tigard(Costiuc)IGA
responsibilities,per Section 5(b)and 5(c)of this Agreement. Such properties shall be collectively referred to
herein as the"Properties"or as a"Property."
3. Maintenance,Management,and Operation
a) The City shall be responsible for the ongoing management,maintenance and operation of the Property in
accordance with the terms of this Agreement. By accepting management responsibility for the Property the
City agrees to be responsible for funding the operation and maintenance of the Property with the City's
own resources.The City's management responsibility shall include responsibility for all taxes or
assessments for the Property.
b) The Property shall be managed,maintained,and operated in accordance and in a manner consistent with
this Agreement,Metro park rules set forth in Chapter 10.01 Metro Regional Parks and Greenspaces
Regulations,Metro's Greenspaces Master Plan,and the Westside Trail Master Plan. These Plans shall
constitute the"Resource Protection Plans"for the Property,as described in the Metro Greenspaces Master
Plan(the"Plans"). In case of conflict among the Plans,the Plan affording the highest level of resource
protection shall govern. Metro hereby approves the uses existing as of the date of this Agreement;
provided,however,that no modification or expansion of those uses shall be permitted without Metro's
express,prior written approval as set forth in this Agreement.
c) Metro grants the City,its agents and contractors,the right to enter the Property for the purpose of
performing all activities reasonably necessary for the management,maintenance,and operation of the
Property.
d) The City shall maintain security of the Property,and shall provide,with Metro's prior approval,additional
fencing,gates,signage,and other measures as the City may deem necessary to increase safety on the
Property,and to preserve and protect the Property's natural resources and trail connection.
e) The City shall be responsible for obtaining any permits necessary for maintenance,management,or
operation of the Property.Any permits granted by the City to users of the Property shall comply with the
terms and limitations set forth in this Agreement and in any Metro-approved management plan for the
Property.
0 The City shall be responsible for contacting and coordinating with other local or state agencies regarding
any and all maintenance,management,or operation issues that may arise with respect to the Property.
g) The City shall act in a timely manner to resolve nuisance complaints and mitigate threats to the resources of
the Property,which shall include but is not limited to,encroachments,poaching,or nuisance notices issued
by a governmental body with authority to issue such a notice. If Metro is issued a nuisance notice for
activates occurring on the Property("Nuisance Notice"),Metro shall forward such notice to the City and
the City will make a good faith effort to abate said nuisance in accordance with timeframes established in
the nuisance notice or otherwise negotiate with the noticing authority to address the complaint in a manner
satisfactory to such noticing authority. If the City does not abate the nuisance in accordance with the time
frame set forth in the Nuisance Notice,or 30 days if no time frame is specified,Metro may,at its sole
option,abate the nuisance and provide the City with an invoice for the reasonable cost of such work.
h) Any decision regarding the naming of all or any portion of the Property must be in accordance with Metro
Code Chapter 2.16,as it may be amended. Metro shall have the right to approve any naming of the
Property or change any name of the Property,whether any such names shall appear on signage at the
Property or publicly available maps identifying the Property. At Metro's request,the City shall install on-
site signage,provided by Metro,stating that the funding for the acquisition of the Property came from
proceeds of the 2006 Metro Natural Areas Bond Measure.
Page 2—Tigard(Costiuc)IGA
4. Limitations on Use.
a) The Property may be used by the public,in the City's discretion,for passive recreation,pedestrian activity,
non-motorized bicycle use,and/or habitat enhancement. Metro shall have the right to approve or
disapprove,in its sole discretion,any future improvements,trails,or alteration of any water,soil,mineral or
timber resource on the Property,and the City shall give Metro ninety(90)days written notice of its intent
to construct any improvements,trails,or alteration of water or timber resource on the Property. In any
event,no improvements or trails shall be constructed on the Property and no alteration of water,soil,
mineral or timber resource shall occur that are inconsistent with this Agreement or with the Plans.
b) Metro shall have the right to review and comment on any changes in the Plans relating to the management,
maintenance,or operation of the Property. Any changes in the Plans made or proposed by the City that
relate to management,maintenance,or operation of the Property shall not conflict with the guidelines set
forth in this Agreement,in the Greenspaces Master Plan,or with the use and restrictions described in the
Metro Natural Areas Spaces Bond Measure. The City shall give Metro written notice as soon as possible,
but in any event no less than 90 days,in advance of a proposal to amend the City's Plans where such
amendment would alter the City's management,maintenance,or operation of the Property.
c) The Property shall not be subdivided or partitioned,nor shall any development rights,timber rights,
mineral rights,or other rights related to the Property be sold or otherwise granted,unless approved by
Metro in writing.
d) All requests for new easements,rights of way,and leases not already burdening or affecting the Property
shall be submitted to Metro in accordance with the Metro Easement Policy,Resolution No.97-2539B,
passed by the Metro Council on November 6, 1997,attached hereto as Exhibit B.
5. Transfer of Property Management or Ownership
a) Metro will request City management of newly acquired natural areas or other Metro properties by
providing to the City the form attached hereto as Exhibit C("Notice of Acquisition or Potential
Acquisition")or a form substantially similar to Exhibit C. Metro will include relevant due diligence
information it believes the City does not possess,including,but not limited to planned stabilization work,
property management information(if available),historic environmental hazard issues,and existing or likely
assessments against the property. Metro may request a"Communication and Maintenance Schedule"or
other similar document from the City until a management plan is in place,and will indicate so in the notice.
b) Whenever Metro seeks to acquire an easement over real property located in one of Metro's target areas
within the City,for the primary purpose of permitting the construction of a bicycle and/or pedestrian trail
across such property,Metro may notify the City of the potential easement transaction in the manner
provided in Section 5(a)of this Agreement,except that the notice shall state that Metro is requesting the
City to be the holder and grantee of the potential easement. If the City accepts the easement transaction,
then at the closing of the easement acquisition,the City shall cooperate in signing any necessary closing
documents(including,for example,the trail easement or an assignment of the easement purchase
agreement). The trail easement shall be substantially in the form attached as Exhibit D to this Agreement,
and any substantial amendments to such form shall be subject to the approval of the Parks and Facilities
manager. Any trail easements acquired and held by the City shall be considered"Property,"and managed
by the City in accordance with the terms and conditions of the Agreement.
c) Not later than 90 days after receiving Metro's Notice of Acquisition or Potential Acquisition,the City shall
provide to Metro written notification stating whether the City will accept management responsibility or
ownership for the property in accordance with this Agreement. If Metro has informed the City that the
closing date on acquisition of a property is less than ninety(90)days from the date the City receives
Metro's notice,then the City shall make a good faith best effort to provide Metro with such notification
prior to the closing date for the acquisition. The City's written notification shall indicate whether the City
has already adopted a specific park or natural area management plan that would be applicable to the
property,with the name of the specific plan identified in the letter.
Page 3—Tigard(Costiuc)IGA
6. Term. Unless modified or terminated as provided herein,the term of this Agreement shall be ten(10)years
from the Effective Date of this Agreement. This Agreement shall thereafter automatically renew for additional
five-year terms unless,not later than ninety(90)days prior to the expiration of the then-current term of this
Agreement,one of the parties provides the other party with notice that it does not wish to renew this
Agreement. The parties may,by written agreement signed by each party,terminate all or a part of this
Agreement based upon a determination that such action is in the public interest. Termination under this section
shall be effective as providing in such termination agreement. Termination shall have no effect on ownership of
the Property.
7. Termination for Cause. Any party may terminate this Agreement in full,or in part,at any time if that party
(the"terminating party")has determined,in its sole discretion,that the other party has failed to comply with the
conditions of this Agreement and is therefore in default(the"defaulting party"). The terminating party shall
promptly notify the defaulting party in writing of that determination and document such default as outlined
herein. The defaulting party shall have thirty(30)days to cure the default described by the terminating party. If
the defaulting party fails to cure the default within such thirty(30)day period,then this Agreement shall
terminate ten(10)days following the expiration of such thirty(30)day period.
8. Indemnification. The City,to the maximum extent permitted by law and subject to the Oregon Tort Claims
Act,ORS Chapter 30,shall defend,indemnify,and save harmless Metro and Metro's officers,employees,and
agents from and against any and all liabilities,damages,claims,demands,judgments,losses,costs,expenses,
fines,suits,and actions,whether arising in tort,contract,or by operation of any statute,including but not
limited to attorneys'fees and expenses at trial and on appeal,relating to or resulting from the performance of its
obligations under this Agreement or actions taken by the City,or its agents,guests,employees,contractors,or
licensees,pursuant to this Agreement on the Property including but not limited to the management,
maintenance,security,or operation of the Property. Metro,to the maximum extent permitted by law and
subject to the Oregon Tort Claims Act,ORS Chapter 30,shall defend,indemnify,and save harmless the City
and the City's officers,employees,elected officials,and agents from and against any and all liabilities,
damages,claims,demands,judgments,losses,costs,expenses,fines,suits,and actions,whether arising in tort,
contract,or by operation of any statute,including but not limited to attorneys' fees and expenses at trial and on
appeal,relating to or resulting from Metro's performance of its obligations under this Agreement. The
obligations in this section shall survive the termination of this Agreement.
9. Insurance. Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,
for the duration of this Agreement at levels necessary to protect against public body liability as specified in
ORS 30.270.
10. Oregon Constitution and Tax Exempt Bond Covenants. A source of funds for the acquisition of the
Property is from the sale of voter-approved general obligation bonds that are to be paid from ad valorem
property taxes exempt from the limitations of Article XI,section 11(b), 11(c), 11(d)and 11(e)of the Oregon
Constitution,and the interest paid by Metro to bond holders is currently exempt from federal and Oregon
income taxes. The City covenants that it will take no actions that would cause Metro to be unable to maintain
the current status of the real property taxes as exempt from Oregon's constitutional limitations or the income tax
exempt status of the bond interest. In the event the City breaches this covenant,Metro shall be entitled to
whatever remedies are available to either cure the default or to compensate Metro for any loss it may suffer as a
result thereof.
11. Laws of Oregon;Public Contracts. The laws of the State of Oregon shall govern this Agreement,and the
parties agree to submit to the jurisdiction of the courts of the State of Oregon. All applicable provisions of ORS
chapters 279A,279B,and 279C,and all other terms and conditions necessary to be inserted into public
contracts in the State of Oregon,are hereby incorporated by this reference as if such provisions were a part of
this Agreement.
12. Assignment. No party may assign any of its rights or responsibilities under this Agreement without prior
written consent from the other party,except that a party may delegate or subcontract for performance of any of
its responsibilities under this Agreement.
Page 4—Tigard(Costiuc)IGA
13. Notices. All notices or other communications required or permitted under this Agreement shall be in writing,
and shall be personally delivered(including by means of professional messenger service)or sent by both
(1)electronic mail or fax,and(2)regular mail. Notices shall be deemed delivered on the date personally
delivered or the date of such electronic or fax correspondence,unless such delivery is on a weekend day,on a
holiday,or after 5:00 p.m.on a Thursday,in which case such notice shall be deemed delivered on the next
following weekday that is not a holiday.
To Metro: Conservation Program Director
600 N.E.Grand Avenue
Portland,OR 97232-2736
Phone:(503)797-1819
Fax:(503)797-1849
To City: Parks and Facilities Manager
City of Tigard
13125 SW Hall Boulevard
Tigard,OR 97223
Phone:(503)639-4171
Fax:(503)684-8840
14. Severability. If any covenant or provision of this Agreement shall be adjudged void,such adjudication shall
not affect the validity,obligation,or performance of any other covenant or provision which in itself is valid,if
such remainder would then continue to conform with the terms and requirements of applicable law and the
intent of this Agreement.
15. Entire Agreement;Modifications. This Agreement constitutes the entire agreement between the parties and
supersedes any prior oral or written agreements or representations relating to the Property. No waiver,consent,
modification,amendment,or other change of terms of this Agreement shall bind either party unless in writing
and signed by both parties.
16. Counterparts;Facsimile Execution. This Agreement may be executed in counterparts,each of which,when
taken together,shall constitute fully executed originals. Facsimile or e-mail signatures shall operate as original
signatures with respect to this Agreement.
[Signatures follow on next page.]
Page 5—Tigard(Costiuc) IGA
IN WITNESS WHEREOF,the parties have executed this Agreement as of the Effective Date.
THE CITY OF TIGARD METRO
By:
Print Name: Martha J. Bennett,Chief Operating Officer
Title:
Date: Date:
Page 6—Tigard(Costiuc) IGA
Exhibit A
Costiuc Property and Easement Area Description
That part of Section 5, Township 2 South. Range 1 West, of the Willamette Meridian, in the City of Tigard.
County of Washington and State of Oregon,described as follows:
Beginning at an iron pipe on the East line of said Section 5, South 0-'54'West 1471 feet from the one-quarter
section corner common to said Section 5 and Section 4; thence North 89'37'West 426.28 feet to an iron pipe
being also the Northwest corner of that tract of land conveyed to Bud Spezza, et ux, by Deed recorded June 10,
1965 in Book 556, Page 307, Washington County Deed Records;thence South 0'54'West,along the West line
of said Spezza tract,699.18 feet, more or less, to the Northwest corner of that tract of land conveyed to Maurice
W. Burke, et ux, by Deed recorded June 2, 1975 in Book 1028, Page 184, Washington County Deed records
and the true point of beginning,thence South 89'53' East along the North line of said Burke tract, 376.14 feet to
the Northeast corner of said Burke tract; thence South 0'54'West 170 96 feet: thence South 74'49'West 167.72
feet; thence continuing along last said course 120.47 feet;thence North 88`12'West 105.74 feet to the
Southwest corner of said Burke tract:thence North to a point on the West line of said Burke tract which is North
250 feet from the South line of said Section 5,said point also being the Southeast corner of Parcel II of that tract
of land described in Warranty Deed to Margery D. McMaster, recorded April 1, 1975 in Book 1016, Page 634,
Washington County Deed Records; thence West along the South line of said McMaster tract.25.00 feet to the
most Southerly corner of that certain tract described as Parcel II in Contract of Sale to Tom M. Curtin, recorded
June 27, 1978 as Fee No. 78-028883;thence South 0°54'West 250.00 feet along the East line of that certain
tract of land described in Contract of Sale to Horst O. Mager, et ux, in Book 751, Page 725, Deed Records; and
the Southerly extension of said East line;thence Easterly along the South line of Section 5, 50.00 feet, thence
North 00'56'East 165.66 feet;thence South 88'12' East 90.00 feet; thence North 70'49' East 110.59 feet;
thence South 89`50'East along the North line of the tract conveyed to Everett E. Nixon,et ux, by Deed recorded
in Book 597, Page 208, Deed Records, 208.00 feet;thence North 0"38'55" East 400.00 feet; thence North 89'53'
West 426.28 feet;thence South 140.00 feet to the true point of beginning.
EXCEPTING THEREFROM that portion thereof lying within the 20 foot wide strip of land dedicated to the public
for a public highway by instrument recorded February 8, 1932. in Book 148, Page 546, Records of Washington
County, Oregon.
AND FURTHER EXCEPTING THEREFROM that portion lying within the plat of PACIFIC CREST.
AND FURTHER EXCEPTING THEREFROM that portion lying within PARTITION PLAT NO.2002-032.
AND FURTHER EXCEPTING THEREFROM that portion lying North of the Westerly extention of the South line
of PARTITION PLAT NO. 2002-032 and Southwesterly of the Southwesterly lot lines of Lots 28 and 29, PACIFIC
CREST.
Exhibit A—Tigard(Costiuc)IGA
Exhibit B
Easement Policy
I
• I HEREHY CF.ItnFY THAT TUE FOREGOING
IS A COMPLETE AND EXACT COPY OF THE
ORIGINAL THEREOF
BEFORE THE METRO COUNCIL p
aEBEma-Y,L9infmcuwt
METRO COUNCIL ARCHIVIST
• FOR THE PURPOSE OF APPROVING GENERAL ) RESOLUTION NO.97-25398
POLICIES RELATED TO THE REVIEW OF ) '
EASEMENTS, RIGHT OF WAYS,AND LEASES )
FOR NON-PARK USES THROUGH PROPERTIES} ••
MANAGED BY THE REGIONAL PARKS AND ) Introduced by
GREENSPACES DEPARTMENT.
Mike Burton, Executive Officer
WHEREAS, Metro currently owns and manages more than 6,000 acres of regional
parks, open spaces, natural areas,and recreational facilities; and
WHEREAS, additional lands are being acquired through the Open Space, Parks,
and Streams Bond Measure,approved by voters in May of 1995; and
WHEREAS,the primary management objectives for these properties are to provide
opportunities for natural resource dependent recreation, protection of fish,wildlife,and
native plant habitat and maintenance and/or enhancement of water quality;and •
WHEREAS, Metro will be approached with proposals to utilize regional parks, open
spaces, natural areas,and recreational facilities property for utility,transportation, and
other non-park purposes;and
WHEREAS, Metro seeks to insure that these uses have no negative impact upon
the primary management objectives of Metro Regional Parks and Greenspaces
properties; and
WHEREAS, it would be in Metro's best interest to provide for the orderly evaluation
and consideration of proposals to utilize portions of Metro Regional Parks and
Greenspaces properties for utility,transportation and other non-park uses;NOW
THEREFORE,
BE IT RESOLVED,that the Metro Council hereby adopts the policy attached as
Exhibit"A"for any and all requests related to formal proposals for the use of Metro
Regional Parks and Greenspaces properties for the purposes noted therein.
ADOPTED by the Metro Council this GOA day of if/ , 1997.
Jon K ' tad, Presiding Officer
ATTEST: Approved as to Form:
Al4°If
.11
4,41‘
.`/ i.,
-core ng S- retary f Daniel :_Cooper, Get ral Counsel
c
Exhibit B—Tigard(Costiuc)IGA
Exhibit"A"
METRO POLICY RELATED TO THE REVIEW OF
EASEMENTS,RIGHT OF WAYS,AND LEASES
FOR NON-PARK USES
Metro owns and manages,either on its own or in partnership with other government and
private entities,several thousand acres of regional parks,open spaces,natural areas and
recreational facilities. These facilities are maintained to promote and preserve natural
resources and recreational opportunities for the public consistent with the Greenspaces Master
Plan adopted by the Metro Council in 1992,the Open Spaces Bond Measure approved by the
voters in 1995 and other restrictions limiting the uses of specific properties in existence at the
time of its acquistion by the public.Nothing in this policy shall be construed to allow these
facilities to be used in any manner which detracts from this primary purpose. This policy is
written from the perspective of Metro as the property owner,however,in those cases in which
Metro co-owns a property with other entities,all decisions concerning the use of the property
in question will be fully coordinated with the other owners. In addition,all new development
and all proposed work within Water Quality Resource Areas or other environmentally
sensitive work will be conducted in accordance with Metro or local government policies,to
include where appropriate,application for permits and completion of environmental reviews.
In event that local government policies arc less restrictive than the Metro Model ordinances,
Metro will apply the more restrictive Metro policies.
Regarding requests for easements,right of ways,and leases for non-park uses in Metro owned
or managed regional parks,natural areas or recreational facilities,it is Metro's policy to:
1) Provide for formal review of all proposed easements,right of ways,and leases for non-
park,uses by the Regional Parks and Greenspaces Advisory Committee,the Regional
Facilities Committee and the full Council. Notwithstanding satisfaction of the criteria set
forth herein,the final determination of whether to approve a proposed easement,right of way,
or lease is still subject to the review and approval by the full Metro Council.
2) Prohibit the development of utilities,transportation projects and other non-park uses
within corridors or on sites which are located inside of Metro owned or managed regional
parks,natural areas,and recreational facilities except as provided herein.
3) Reject proposals for utility easements,transportation right of ways and leases for non-park
uses which would result in significant,unavoidable impacts to natural resources,cultural
resources,recreational facilities,recreational opportunities or their operation and
management.
4) Accommodate utility easements,transportation right of ways or other non-park uses when
the Regional Parks and Greenspaces Department(the Department)determines that a proposed
easement,right of way or non-park use can be accommodated without significant impact to
1 �
Exhibit B—Tigard(Costiuc)IGA
natural resources,cultural resources,recreational facilities,recreational opportunities or their
operation and management;and that the impacts can be minimized and mitigated.
5) Require full mitigation and related maintenance,as determined by the Department,of all
unavoidable impacts to natural resources,recreational facilities,recreational opportunities or
their operation and management associated with the granting of easements,right of ways,or
• leases to use Metro owned or managed regional parks,natural areas or recreational facilities
for non-park uses.
f.
6) Limit rights conveyed by easements,right of ways,and leases for non-park uses to the
minimum necessary to reasonably accomplish the purpose of any proposal.
7) Limit the term of easements,right of ways and leases to the minimum necessary to
accomplish the objectives of any proposal.
8) Require"reversion","non-transferable"and"removal and restoration"clauses in all
easements,right of ways and leases.
9) Fully recover all direct costs(including staff time)associated with processing,reviewing,
analyzing,negotiating,approving,conveying or assuring compliance with the terms of any
• easement,right of way,or lease for a non-park use.
10) Receive no less than fair market value compensation for all easements,right of ways,or
leases for non-park uses. Compensation may include,at the discretion of the Department,
periodic fees or considerations other than monetary.
11) Require full indemnification from the easement,right of way or lease holder for all costs,
damages,expenses,fines or losses related to the use of the easement,right of way or lease.
Metro may also require appropriate insurance coverage and/or environmental assurances if
deemed necessary by the Office of General Counsel.
12) Limit the exceptions to this policy to:grave sales,utilities or transportation projects
which are included in approved master/management plans for Metro regional parks,natural
areas and recreational facilities;projects designed specifically for the benefit of a Metro
regional park,natural area,or recreational facility;•or interim use leases as noted in the Open
Spaces Implementation Work Plan.
13) Provide for the timely review and analysis of proposals for non-park uses by adhering to
the following process:
a) The applicant shall submit a detailed proposal to the Department which includes all
relevant information including but not limited to:purpose,size,components,location, •
existing conditions,proposed project schedule and phasing,and an analysis of other
alternatives which avoid the Metro owned or managed regional park,natural area or
recreational facility which are considered infeasible by the applicant. Cost alone shall not
constitute infeasibility. j
•I
Exhibit B—Tigard(Costiuc) IGA
............ ...
b) Upon receipt of the detailed proposal,the Department shall determine if additional
.1 information or a Master Plan is required prior to further review and analysis of the proposal.
For those facilities which have master plans,require that all proposed uses are consistent with (�
the master plan. Where no master plan exists all proposed uses shall be consistent with the
Greenspaces Master Plan. Deficiencies shall be conveyed to the applicant for correction.
c) Upon determination that the necessary information is complete,the Department shall
• review and analyze all available and relevant material and determine if alternative alignments
or sites located outside of the Metro owned or managed regional park,natural area,or
recreational facility are feasible.
d) If outside alternatives are not feasible,the Department shall determine if the proposal
can be accommodated without significant impact to park resources,facilities or their operation
and management. Proposals which cannot be accommodated without significant impacts shall
be rejected. If the Department determines that a proposal could be accommodated without
significant impacts,staff shall initiate negotiations with the applicant to resolve all issues
related to exact location,legal requirements,terms of the agreement,mitigation requirements,
fair market value,site restoration,cultural resources,and any other issue relevant to a specific
proposal or park,natural area or recreational facility. The Department shall endeavor to
complete negotiations in a timely and business-like fashion.
e) Upon completion of negotiations,the proposed agreement,in the appropriate format,
shall be forwarded for review and approval as noted in item"1"above. In no event shall
construction of a project commence prior to formal approval of a proposal.
f) Upon completion of all Metro tasks and responsibilities or at intervals determined by
the Department,and regardless of Metro Council action related to a proposed easement,right
• of way or lease for a non-park use,the applicant shall be invoiced for all expenses or the
outstanding balance on expenses incurred by Metro.
g.) Permission from Metro for an easement or right-of-way shall not preclude review
under applicable federal,state or local jurisdiction requirements.
Exhibit B—Tigard (Costiuc) IGA
Exhibit C
Notice of Acquisition or Potential Acquisition
,201
Parks and Facilities Manager
City of Tigard
13125 SW Hall Boulevard
Tigard,OR 97223
Re: Request to Accept Property Management Responsibility for Property within the Target
Area,in the City of Tigard
(state tax ID#);Metro File No.
Dear •
Pursuant to the Intergovernmental Agreement between Metro and the City of Tigard dated
2014("Intergovernmental Agreement")this shall serve as notice of Metro's potential acquisition and/or intended
transfer of management responsibilities for the following property within the Target Area:
[Property Address],in the City of Tigard,County of ,and State of Oregon, being more
particularly described in the legal description and depicted on the Assessor's map attached hereto(the
"Property").
Pursuant to the Intergovernmental Agreement,Metro requests that the City manage,maintain,secure and operate
this Property in accordance with the Intergovernmental Agreement. As provided in the Intergovernmental
Agreement,please notify Metro in writing within ninety(90)days,on or before (date)indicating
whether the City will accept management responsibility for this Property. Metro intends to close on the purchase of
this Property on (date). Should you accept management of the Property,Metro's stabilization
manager will contact you after the Property is acquired.
If the City will accept such management responsibility,please sign a copy of this letter,below,and also indicate
whether there is an existing Natural Resources Management/Master Plan that would be applicable to the City's
management of this Property,and if so,it's name.
If you have any questions,please do not hesitate to contact me at 503-797-1819.
Sincerely,
Dan Moeller
Conservation Program Director
Metro Parks and Nature
cc: Kate Holleran,Stabilization Scientist,Metro Regional Parks and Nature
Hope Whitney,Senior Assistant Metro Attorney
[Appropriate City Parks staff person]
Exhibit C—Tigard(Costiuc)IGA
CITY'S CONSENT TO MANAGE THE PROPERTY
The City of Tigard hereby agrees to accept management of the Property pursuant to the terms of the
Intergovernmental Agreement between Metro and the City.
(signature)
By: (name)
Check one:
Management of the Property will be subject to the terms of the following Natural Resources Management
Plan/Master Plan: ,dated
A Management Plan/Master Plan that would govern management of the Property does not currently exist.
Exhibit C-Tigard(Costiuc) IGA
Exhibit D
Trail Easement
After recording return to:
TRAIL EASEMENT
This Trail Easement(this"Easement") is made and entered into this day
of , 201_, by and between , an Oregon ("Grantor"),
and , an Oregon municipal government("Holder").
RECITALS
A. Grantor is the owner of the real property commonly known as Tax Parcel
,Township ,Range , Section of the Willamette
Meridian, in the City of , County of , State of Oregon, and legally described
on Exhibit A attached hereto(the"Property").
B. Holder is an Oregon municipal government whose purpose, among other things,
is to build, operate, and maintain recreational trails and pathways for the benefit of the public.
Holder desires to build,operate, and maintain a recreational trail and pathway on the Property
along the
C. Grantor desires to grant to Holder, and Holder desires to accept from Grantor, an
easement over the Property for the purpose of allowing Holder to establish and maintain a public
trail and pathway in accordance with the terms and conditions set forth below.
In consideration of the recitals and the mutual benefits, covenants, and terms herein
contained, and for other good and valuable consideration,the receipt of which is hereby
acknowledged,Grantor hereby dedicates, grants, covenants, and agrees as follows:
AGREEMENT
1. Grant of Easement. Grantor hereby grants to Holder a nonexclusive, perpetual
easement in gross, on,over, across, and along a portion of the Property (the"Easement Area").
The Easement Area runs [ insert general description ] and is more particularly described
and depicted on Exhibits B-1 and BB=2 attached hereto.
2. Purposes. The purposes of this Easement are to give Holder the right to (a)enter
the Easement Area at any time to establish, install, construct, maintain, and repair a trail and
Exhibit D—Tigard(Costiuc)IGA
pathway,which trail shall be up to feet in width (the"Trail"),and (b)permit the public
to access and use the Trail established, installed, and constructed by Holder. The Trail that
Holder has the right to establish hereunder may be either a low-impact soft surface trail or an all-
weather paved trail, or any combination or variant thereof, at Holder's discretion.
3. Construction, Repair, Maintenance.
(a) Holder may take all reasonable actions necessary to establish, construct,
maintain, and repair the Trail within the Easement Area, including, but not limited to, installing
the following related surface and subsurface utilities and improvements (collectively,the"Trail
Facilities"): (i)appropriate trail surfaces, foot bridges and associated trail structures and culverts,
(ii)trail markers, signs, lights, and other security enhancements along the Easement Area and at
all points of access, (iii) any barriers, fences and gates necessary to prevent motorized vehicular
access into the Easement Area, and(iv)benches for the convenience and comfort of the public.
The Trail Facilities shall be and remain the property of Holder.
(b) [Holder shall also have the right to establish, construct, maintain, and
repair a designated amenity area within the portion of the Easement Area, which
area is more specifically identified on the attached Exhibit C(the "Amenity Area'). Holder may
take any reasonable actions necessary to accomplish the forgoing, including, but not limited to,
installing the following amenities, structures, and improvements: (i) educational and
informational kiosks and signage, (ii)picnic areas and shelters, and(iii) water, sanitary, and
access facilities.]
(c) Holder shall be responsible for obtaining all governmental permits for
construction of the Trail and Trail Facilities prior to commencing such construction and Grantor
shall cooperate in good faith with Holder in obtaining any necessary construction and/or
development permits. Holder shall give Grantor thirty(30) days written notice before
commencing construction of the Trail and Trail Facilities. [TEMPORARY CONSTRUCTION
EASEMENT—consider revising depending if area is needed for staging or for shoulder
buffer: Grantor hereby grants to Holder a temporary, non-exclusive construction easement
over, under, in, along, across and upon that certain area immediately adjacent to the Easement
Area, which area is further described on the attached Exhibit D(the "Temporary Construction
Area'),for the purpose of constructing the Trail Facilities. Holder may use and access the
Temporary Construction Area to (i) conduct any studies, tests, examinations, and surveys it
deems necessary for trail design and construction purposes, and(ii) engage in any activities
reasonably related to construction of the Trail and Trail Facilities. The temporary construction
easement granted hereunder shall commence on the Effective Date of this Easement and shall
automatically terminate at such time as construction is completed by Holder and Holder has
mailed a Notice of Completion to Grantor and recorded such Notice in the real property records
of County. Any of the Temporary Construction Area disturbed by Holder
during construction shall be restored by Holder, at Holder's sole costs and expense, to its pre-
construction condition.]
(d) Holder shall be solely responsible for all repair and maintenance of the
Trail and Trail Facilities;provided, however, that Grantor shall reimburse Holder for all sums
Exhibit D—Tigard(Costiuc)IGA
expended by Holder to repair any damage to the Trail and Trail Facilities due to the negligence
or abnormal use by Grantor or Grantor's invitees, guests, or licensees.
4. Permitted Trail Uses. Holder may permit the public to access the Trail for
recreational and transportation purposes, including,without limitation, walking, running,
cycling, skating, skiing, and horseback riding. Except for motorized wheelchairs(or other
mobility devices used by individuals with disabilities)or in the case of an emergency,motorized
vehicles will not be permitted on the Trail; provided, however, that Holder may use motorized
vehicles and equipment for construction, maintenance, repair, and security purposes related to
the Trail and Trail Facilities. Holder shall have the right, in its sole discretion, to restrict or limit
public use of and access to the Trail.
5. Grantor's Use of Easement Area: Grantor shall retain the right to access, use,and
enjoy the Easement Area for its purposes consistent with the rights granted herein. Grantor is
prohibited,however, from engaging in, or authorizing any other person to engage in, any activity
on, or use of,the Easement Area that(i)is inconsistent with the terms of this Easement;
(ii)materially interferes with or impairs the use of the Easement Area by Holder; (iii)materially
interferes with or impairs the use of the Trail by the public;or(iv)hinders or interferes with
future Trail construction or repair by Holder. Without limiting the generality of the foregoing,
the following activities and uses by Grantor within the Easement Area are expressly prohibited
without the express written consent of Holder:
(a) Constructing any improvements or structures,parking any vehicles,
installing any paving or gravel, or storing any personal property;
(b) Blocking, obstructing, or interfering with Holder's access through the
Easement Area;
(c) Excluding any persons from using the Trail,provided that such use is in
accordance with the terms of this Easement, or taking any other action that unreasonably
prevents or interferes with public entry onto the Trail and Trail Facilities, including without
limitation imposing a fee or charge of any kind;
(d) Cutting, trimming,pruning, destroying, mowing, spraying with biocides,
or removing any vegetation trees,plants, or shrubs;
(e) Planting any vegetation, including, without limitation, any trees, shrubs,
grasses, or seeds of any kind;
(0 Placing or erecting any signs,billboards, or other advertising material,
temporary or permanent;
(g) Dumping or storing ashes,trash, rubbish, garbage, sawdust, lawn cuttings,
leaves, compost, or other material or substances;
(h) Filling, excavating, digging, dredging,mining, quarrying, removing, or
disturbing the topsoil, sand, gravel, rock, minerals,or other materials;
Exhibit D—Tigard(Costiuc)1GA
(i) Damming,dredging, or undertaking any other activities that may be
detrimental to water quality; and
(j) Taking any action that damages fish or wildlife, or their habitats; alters
existing vegetation or drainage patterns, flood plains, wetlands, or the natural condition of the
Easement Area; or results in erosion, siltation, or other forms of pollution.
6. Enforcement. In addition to any other remedies available at law or in equity,
Holder may compel Grantor to make the Easement Area available for the purposes set forth
above in Section 2 by exercising any one or more of the following remedies:
(a) Holder may seek injunctive relief to specifically enforce the terms of this
Easement,to restrain present or future violations of this Easement,or to compel restoration of
the Trail or any Trail Facilities destroyed or altered as a result of Grantor's violation of this
Easement; and
(b) Holder may enter the Property to remove any barrier obstructing Holder's
ability to access the Easement Area or the Trail, and may take other self-help measures or actions
reasonably necessary to protect and preserve the rights of Holder under this Easement.
7. Hazardous Substances. Grantor represents and warrants to the best of its
knowledge that it has disclosed to Holder the results of any and all Phase I Environmental
Assessments, Phase II Environmental Investigations, surveys, sampling, and testing regarding
the Property, and any information contained therein. It is understood and agreed that Holder, by
accepting this grant of easement, is not accepting any liability for any release of Hazardous
Substances, as that term is defined in ORS Chapter 465, on,to, or from the Property, unless
resulting directly from an intentional or negligent act of Holder or Holder's employees,agents,
or contractors, and that Grantor is not attempting to convey,transfer, or assign any such liability
herein.
8. Taxes. Grantor shall pay when due all real property taxes, assessments, and other
charges against the Property, including the Easement Area. There shall be no right to
contribution from Holder for such items.
9. [As-is Condition. Except as otherwise set forth herein, Grantor makes no
representation as to the physical condition or safety of the Easement Area. The usage of
Easement Area is at the public's risk and in its "as-is"condition, including, but not limited to all
existing or subsequent natural hazards--i.e., slippery areas, loose rocks, tree limbs, water
currents, sink holes, etc.]
10. Liability and Indemnity. The parties to this Easement acknowledge that, to the
extent so provided in ORS 105.672 to ORS 105.696, both Grantor and Holder are immune from
liability for injuries incurred on the property by members of the public who access the Easement
Area under authority of this Easement. Subject to the limitations and conditions of the Oregon
Tort Claims Act, ORS Chapter 30, and the Oregon Constitution, Holder shall indemnify,
defend, and hold harmless Grantor against all losses and litigation expenses resulting from
property damage and/or personal injuries that occur or are alleged to occur as a result of Holder's
Exhibit D—Tigard(Costiuc)IGA
installation or maintenance of the Trail or the Trail Facilities, except to the extent caused by the
negligent or wrongful acts or omissions of Grantor. Grantor agrees to indemnify,defend, and
hold harmless Holder from any loss or litigation expense arising from, related to, or associated
with(a)personal injury or property damage occurring prior to the Effective Date of this
Easement, (b) activities or uses engaged in by Grantor, or Grantor's contractors, agents,
employees,tenants, guests, invitees, or anyone else entering the Property by,through, or under
the express or implied invitation of Grantor,or(c) structures, facilities, or improvements within
the Easement Area, other than the Trail Facilities installed by Holder. As used in this Section,
the word "losses" means any liability, loss, claim, settlement payment, cost and expense, interest,
award,judgment, damages(including punitive damages), diminution in value, fines, fees, and
penalties or other charge other than a litigation expense. As used in this Section, the term
"litigation expenses" means any court filing fee,court cost, arbitration fee or cost, witness fee,
and each other fee and cost of investigating and defending or asserting any claim of violation or
for indemnification under this Agreement including in each case, attorneys' fees, other
professionals' fees, and disbursements.
11. Notice and Addresses. Any notice, demand, request, consent,approval, or
communication that either party desires or is required to give to the other shall be in writing and
either served personally or sent by certified mail, return receipt requested, postage prepaid,to the
address set forth below. Any party may change the address to which its notices are to be sent by
duly giving notice pursuant to this Section.
To Grantor:
To Holder:
With a copy to:
12. Title Warranty.
(a) Grantor represents and warrants that Grantor owns the entire fee simple
interest in the Property, and has the full power and lawful authority to grant this Easement. Any
and all financial liens or financial encumbrances existing as of the date of the execution of this
Easement have been subordinated. Grantor further represents and warrants that the Property is
not subject to any other liens and encumbrances except as otherwise set forth on the attached
Exhibit E.
13. Entire Agreement. This Easement is the final and complete agreement between
the parties concerning the rights granted herein, and supersedes all prior understandings with
respect to it. This Easement may not be modified or terminated, nor may any obligations under
it be waived, except by written instrument signed by all parties to the Easement.
Exhibit D—Tigard(Costiuc)IGA
14. Further Cooperation. Each of the parties agree to execute such other documents
and to perform such other acts as may be reasonably necessary or desirable to further the
expressed and intent purpose of this Easement.
15. Covenants Running With the Land. The parties acknowledge and agree that the
grant conferred by this Easement is intended to, and does, constitute an encumbrance that runs
with the Property and inures to the benefit of and is binding upon the parties and their respective
grantees, heirs, successors, and assigns. Without limiting the forgoing, Grantor acknowledges
that Holder's rights under this Easement are assignable and that Grantor hereby consents to
Holder's assignment of all of its right,title, and interest and its delegation of all of its obligations
created under this Easement. Upon any such assignment, Holder shall be forever released and
discharged from any and all claims,demands, and damages which Grantor may have, make, or
suffer as a result of any thing done or occurring after the date of such assignment. Nothing
contained in this Section, however, shall in any way be construed as releasing Holder's
successors and assigns from any obligations to Grantor created by this Easement.
IN WITNESS WHEREOF,the parties have executed this Easement as of the date first set forth
above.
[INSERT HOLDER NAME] GRANTOR
By:
Name:
Title: [INSERT NAME]
Exhibits:
Exhibit A—Property Legal Description
Exhibit B-1 —Easement Area Legal Description
Exhibit B-2—Depiction of Easement Area
Exhibit C—Description of Amenity Area
Exhibit D—Description of Temporary Construction Easement Area
Exhibit E—Permitted Liens and Encumbrances
Exhibit D—Tigard(Costiuc)IGA
State of OREGON
County of
This instrument was acknowledged before me on , 201_,by
as the of , an Oregon
Notary Public - State of Oregon
State of OREGON
County of
This instrument was acknowledged before me on ,201_, by
as the of , an Oregon
Exhibit D—Tigard(Costiuc)1GA
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AIS-2353 4.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): 5 Minutes
Agenda Title: Appoint Audit Committee Members
Prepared For: Cara Fitzpatrick, Finance and Information Services
Submitted By: Liz Lutz, Finance and Information Services
Item Type: Resolution Meeting Type: Council Business Meeting
- Main
Public Hearing: No Publication Date:
Information
ISSUE
Consider a resolution to appoint Julie Plotz as a member of the audit committee, and Drew Bisenius as an
alternate to the Audit Committee.
STAFF RECOMMENDATION /ACTION REQUEST
Staff recommends approval of this resolution.
KEY FACTS AND INFORMATION SUMMARY
On November 2nd, Mayor Cook and Councilor Snider interviewed and recommended Julie Plotz be
appointed to the committee for a three year term expiring December 31, 2018 and Drew Bisenius be
appointed to the non-voting alternate position for a two-year term expiring December 31, 2017.
OTHER ALTERNATIVES
Direct Mayor Cook and Councilor Snider to interview additional candidates.
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
NA
Attachments
Resolution
Bio
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON
APPOINTING JULIE PLOTZ AS A VOTING MEMBER AND DREW BISENIUS AS
AN ALTERNATE TO THE AUDIT COMMI'YI EE.
WHEREAS,two positions are open on the city's audit committee;and
WHEREAS,Mayor Cook and Councilor Snider conducted interviews of several individuals on
November 2,2015 for Audit Committee;and CouncilorSnider have recommended that Julie Plotz
be appointed to the city's Audit Committee as a voting member and Drew Bisenius be appointed as
a non-voting alternate.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Julie Plotz is appointed to a three-year term on the City of Tigard's Audit Committee
beginning January 1,2016.
SECTION 2: Drew Bisenius is appointed to a two-year non-voting term on the City of Tigard's
Audit Committee as an alternate beginning January 1,2016.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This day of ,2015.
Mayor-City of Tigard
A 1-11,ST:
City Recorder- City of Tigard
NEW MEMBER BIO
Julie Plotz
Julie has been a resident of Tigard for 6 years. She has served on the city's budget committee for 2
years. She graduated from Oregon State University in Accounting and has been an Accounting Manager
for three years.
Drew Bisenius
Drew has been a Tigard resident for less than one year. He also has a Bachelor's degree in Accounting
and is a Certified Public Accountant. He is employed by Clackamas County as a Senior Accountant. He
has also served on the budget committee for the Tigard-Tualatin Aquatic District.
AIS-2354 5.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): 5 Minutes
Agenda Title: Appoint Budget Committee Members
Prepared For: Toby LaFrance,Finance and Information Services
Submitted By: Liz Lutz, Finance and Information Services
Item Type: Resolution Meeting Type: Council Business Meeting
-Main
Public Hearing: No Publication Date:
Information
ISSUE
Shall the City Council appoint Quinton Harold and Nathan Rix to three-year terms, ending December 31,
2018 and Thomas Schweizer as an alternate for a one-year term beginning January 1, 2016.
STAFF RECOMMENDATION / ACTION REQUEST
Approve the recommended appointments to the Budget Committee.
KEY FACTS AND INFORMATION SUMMARY
Melody Graeber's Budget Committee term expires on December 31,2015,as well as Julie Plotz's term. Zoe
Monahan's position as a non-voting alternate also expires on December 31, 2015. As a result, the
Appointments Advisory Committee (Mayor Cook and Councilor Snider), recently conducted interviews with
several citizens who applied to become members of the Budget Committee.
The Appointments Advisory Committee interviewed 8 citizen candidates. The committee is recommending
the City Council appoint Quinton Harold to a three year term, ending December 31,2018. Additionally, the
committee recommends Nathan Rix to a three year term, ending December 31, 2018. Lastly, the committee
recommends the non-voting alternate be Thomas Schweizer for a one year term, ending December 31, 2016.
OTHER ALTERNATIVES
Council could decide to not approve some, or all of the recommendations. This would necessitate reopening
the recruitment.
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community.
DATES OF PREVIOUS COUNCIL CONSIDERATION
NA
Attachments
Resolution
Bio
CITY OF TIGARD, OREGON
TIGA,RD CITY COUNCIL
RESOLUTION NO. 15-
A RESOLUTION APPOINTING QUINTON HAROLD AND NATHAN RIX TO THE BUDGET
COMMI 1'1'EE AND APPOINTING THOMAS SCHWEIZER AS AN AL I'ERNA 1'E MEMBER.
WHEREAS, two positions are open on the city's budget committee due to Melody Graeber and Julie Plotz
completing their established term,and Zoe Monahan has completed her term as an alternate member;
WHEREAS, the Mayor's Appointments Advisory Committee conducted interviews of several individuals on
November 2,2015;and
WHEREAS, the Appointments Advisory Committee has recommended that Quinton Harold and Nathan Rix
be appointed to the city's Budget Committee. In addition, the committee has recommended that Thomas
Schweizer be appointed as an alternate member.
•
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Quinton Harold is appointed to a three-year term on the City of Tigard's Budget Committee
beginning January 1,2016.
SECTION 2: Nathan Rix is appointed to a three-year term on the City of Tigard's Budget Committee
beginning January 1,2016.
SECTION 3 : Thomas Schweizer is appointed to a one-year term as an alternate member on the City of
Tigard's Budget Committee beginning January 1,2016.
SECTION 4: This resolution is effective immediately upon passage.
PASSED: This day of 2015.
Mayor-City of Tigard
A 1'1'EST:
City Recorder-City of Tigard
RESOLUTION NO. 15-
Page 1
NEW MEMBER BIO
Quinton Harold
Quinton has been a resident of Tigard for over 3 years. He works in healthcare management. Other
volunteer work he has been involved with includes Big Brother& Big Sister program and CEPA Columbia
Emergency.
Nathan Rix
Nathan has been a Tigard resident for less than one year. He holds a Master's degree in Public Policy and
Master's in Science. Nathan is employed as a Senior Policy Analyst and Project Manager for the State of
Oregon. He has volunteered for the Oregon State Library, Government Research Advisory Board, Friends
of Chamber Music and Allies in Change.
Thomas Schweizer
Thomas has lived in Tigard for 15 years. He has a Bachelor's degree in Economics and is employed in
Senior Management-Technology for the CDI Corporation. This is his first volunteer activity and looks
forward to being involved in the community.
AIS-2405 6.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): 5 Minutes
Agenda Title: Appoint Planning Commission Members
Prepared For: Tom McGuire,Community Development
Submitted By: Doreen Laughlin,Community Development
Item Type: Resolution Meeting Type: Council Business Meeting
- Main
Public Hearing: No Publication Date:
_. J
Information
ISSUE
Shall Council reappoint Calista Fitzgerald and Donald Schmidt, and appoint Brian McDowell and Gary Jelinek
as voting members of the Tigard Planning Commission; and reappoint Tom Mooney as a non-voting alternate
member?
STAFF RECOMMENDATION / ACTION REQUEST
Approve a resolution reappointing Calista Fitzgerald and Donald Schmidt whose terms will expire December
31, 2019; appointing Brian McDowell whose term will expire December 31,2017;appointing Gary Jelinek
whose term will expire December 31,2018;and reappointing Tom Mooney as an alternate member,whose
term will expire December 31,2017.
KEY FACTS AND INFORMATION SUMMARY
There are four voting positions to be filled on the Tigard Planning Commission.The Planning Commission
currently has two members whose terms are due to expire December 31, 2015,two vacant voting positions,
and one alternate member whose term is also due to expire December 31,2015.
Calista Fitzgerald,Donald Schmidt, Brian McDowell, Gary Jelinek,and Tom Mooney were interviewed on
November 16 by the Mayor's Appointment Advisory Committee. The Committee recommended that
Calista Fitzgerald and Donald Schmidt be reappointed and that Brian McDowell and Gary Jelinek be
appointed as voting members.The Committee recommended that Tom Mooney be reappointed as a
non-voting alternate member whose term will expire December 31, 2017.
Attachment 1 is a Resolution implementing these recommended appointees.
Attachment 2 has biographical information on all recommended appointees.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
Resolution
Attach.2 PC Bios-2016 Terms
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 15-
A RESOLUTION REAPPOINTING CALISTA FITZGERALD AND DONALD SCHMIDT, AND
APPOINTING BRIAN MCDOWELL AND GARY JELINEK AS VOTING MEMBERS OF THE
TIGARD PLANNING COMMISSION, AND REAPPOINTING TOM MOONEY AS AN
ALTERNATE,NON-VOTING MEMBER.
WHEREAS,there are four vacancies for voting members and one vacancy for an alternate non-voting member
on the Planning Commission;and
WHEREAS, Calista Fitzgerald and Donald Schmidt were both appointed as Planning Commissioners in
January,2012 to serve their first full terms that expire December 31,2015 and have applied,and are eligible for
reappointment to the Planning Commission;and
WHEREAS,Brian McDowell and Gary Jelinek applied for appointments to the Planning Commission;and
WHEREAS Tom Mooney applied for a second term as a non-voting alternate member;and
WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council reappoint Calista
Fitzgerald and Donald Schmidt as voting members for terms that expire December 31,2016;and
WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council appoint Brian
McDowell as a voting member to fill an unexpired term that expires December 31,2017;and
WHEREAS,the Mayor's Appointment Advisory Committee recommends that Council appoint Gary Jelinek as
a voting member to fill an unexpired term that expires December 31,2018;and
WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council reappoint Tom
Mooney as a non-voting alternate member for a term that expires December 31,2017.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Calista Fitzgerald and Donald Schmidt are appointed to the Planning Commission as voting
members to fill terms which will expire December 31,2019.
SECTION 2: Brian McDowell & Gary Jelinek are appointed to the Planning Commission as voting
members to fill unexpired terms that will expire December 31,2017 and December 31, 2018,
respectively.
SECTION 3: Tom Mooney is reappointed to the Planning Commission as an alternate member to fill a
term that will expire December 31,2017.
SECTION 4: This resolution is effective immediately upon passage.
PASSED: This day of 2015.
RESOLUTION NO. 15-
Page 1
Mayor-City of Tigard
A fl'bST:
City Recorder-City of Tigard
RESOLUTION NO. 15-
Page 2
Attachment 2
PLANNING COMMISSION
RECOMMENDED APPOINTEES
BIOGRAPHICAL INFORMATION
On December 8, 2015, Tigard City Council will consider a Resolution to reappoint Calista
Fitzgerald and Donald Schmidt, and appoint Brian McDowell and Gary Jelinek as voting
members of the Tigard Planning Commission, and to reappoint Tom Mooney as a non-
voting alternate member.
Calista Fitzgerald has resided in Unincorporated Washington County for twelve years and
is applying for a second term. She has served as the Vice President of the Planning
Commission for the past year. She holds a Bachelor of Science Degree in Architecture, and
is currently employed as a Project Manager and Senior Associate at LRS Architects, Inc.
Calista has served as a member of the Subcommittee for Design Review of the Costco Gas
Station and also served on the Citizen Advisory Committee for the Tigard Triangle.
Donald Schmidt has been a resident of Tigard for nine years. He holds a Bachelor of
Architecture Degree and is employed as a Registered Architect at CH2M Hill. Don is
concurrently serving a second full term as a member of the Tigard Transportation Advisory
Committee and was also a member of the Subcommittee for Design Review of the Costco
Gas Station.
Brian McDowell has been a Tigard resident for nine years. He holds a Bachelor of Science
Degree in Finance from PSU and a Professional Degree in Banking from the University of
Pennsylvania. Brian is currently employed as Executive Director - Marketing Director at J.P.
Morgan Chase Bank. He was the Finance Committee Chair for Pittock Mansion and served
on the Marketing Committee for the PSU Alumni Board. He served in the U.S. military for
15 years in the Marine Corps and the Air Force. He was deployed to Iraq and Afghanistan
during Operation Iraqi Freedom and Operation Enduring Freedom, and has earned
numerous military awards.
Gary Jelinek has lived in Tigard for eleven years, having lived previously in Sonoma
County, California. He holds a Master's Degree from the Urban Institute, Cleveland State
University, and has extensive experience as a corporate executive in the insurance industry
and as an adjunct Professor of Political Science. Recently retired, he volunteers with Meals
on Wheels, serves on the board of the Washington County League of Conservation Voters
and has served as a board member of Washington County "Rebuilding Together." Gary was
also a member of Tigard's Pedestrian Bicycle Committee.
Tom Mooney has resided in Unincorporated Washington County for six years. He has
worked as Deputy Fire Marshal-Fire Inspections with Tualatin Valley Fire & Rescue for the
past 5 years. Tom holds an AA in Fire Science and a Bachelors of Science Degree in Fire
Protection & Safety Technology. He is Vice Chair of the International Association of Arson
Investigators, Portland Chapter, and is Shop Steward of the International Association of Fire
Fighters, Local 1660. He is a committee member of the National Fire Protection
Association, and volunteers for the Boy Scouts of America, Pack 690.
AIS-2439 7.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): 5 Minutes
Agenda Title: Appoint Transportation Advisory Committee Members
Prepared For: Buff Brown,Community Development
Submitted By: Joe Patton,Community Development
Item Type: Resolution Meeting Type: Council Business Meeting
- Main
Public Hearing: No Publication Date:
Information
ISSUE
Shall Council reappoint Donald Schmidt and appoint Robert Van Vlack,Russell Casler,and Yi-Kang Hu as
voting citizen representative members;Joseph Vasicek as a voting business representative member; and
reappoint Timothy Esau and appoint Rick Perry,and Susan Pfahl as non-voting alternate members?
STAFF RECOMMENDATION /ACTION REQUEST
Approve a resolution reappointing Donald Schmidt and appointing Robert Van Vlack,Russell Casler, and
Yi-Kang Hu as voting citizen representative members whose terms will expire December 31,2018;appointing
Joseph Vasicek as a voting business representative member whose term will expire December 31, 2016; and
reappointing Timothy Esau and appointing Rick Perry,and Susan Pfahl as non-voting alternate members
whose terms will expire December 31,2016.
KEY FACTS AND INFORMATION SUMMARY
There are five voting positions to be filled on the Transportation Advisory Committee.The Transportation
Advisory Committee has four voting citizen representative members whose terms are due to expire December
31,2015 and one unexpired voting business representative vacancy whose term expires December 31,2016.
Donald Schmidt, Robert Van Vlack, Russell Casler,Yi-Kang Hu,Joseph Vasicek,Timothy Esau, Rick Perry,
and Susan Pfahl were interviewed on November 16 by the Mayor's Appointment Advisory Committee. The
Committee recommended that Donald Schmidt be reappointed and that Robert Van Vlack, Russell Casler,
and Yi-Kang Hu be appointed as voting citizen reperesentative members;Joseph Vasicek be appointed as a
voting business representative;and the reappointment of Timothy Esau and the appointment of Rick Perry,
and Susan Pfahl as non-voting alternate members.
Attachment 1 is a Resolution implementing these recommended appointees.
Attachment 2 has biographical information on all recommended appointees.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
_
Attachments
Resolution
Attach. 2 TTAC Bios
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 15 —
A RESOLUTION REAPPOINTING DONALD SCHMIDT, AND APPOINTING ROBERT VAN
VLACK, RUSSFT.T CASLER, YI-KANG HU AND JOSEPH VASICEK AS VOTING MEMBERS OF
THE TIGARD TRANSPORTATION ADVISORY COMMITTEE AND REAPPOINTING TIMOTHY
ESAU AND APPOINTING RICK PERRY, AND SUSAN PFAHL AS NON-VOTING ALTERNATE
MEMBERS.
WHEREAS,The Tigard Transportation Advisory Committee is comprised of 11 voting positions, including
at least eight citizen and at least two business representatives; and
WHEREAS, as of December 31, 2015 there are four voting citizen representative vacancies and one partial
term voting business representative vacancy;and
WHEREAS, the Mayor's Appointment Advisory Committee interviewed ten individuals on November 16,
2015 and recommends reappointing Donald Schmidt and appointing Robert Van Vlack, Russell Casler, and
Yi-Kang Hu as voting citizen representatives, Joseph Vasicek as a voting business representative and
reappointing Timothy Esau and appointing Rick Perry,and Susan Pfahl as non-voting alternate members;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Donald Schmidt is reappointed and Robert Van Vlack,Russell Casler and Yi-Kang Hu are
appointed as voting citizen representative members of the Tigard Transportation Advisory
Committee with terms expiring December 31,2018.
SECTION 2: Joseph Vasicek is appointed as a voting business representative member of the Tigard
Transportation Advisory Committee with a term expiring December 31,2016.
SECTION 3: Timothy Esau is reappointed and Rick Perry,and Susan Pfahl are appointed as non-voting
alternate members of the Transportation Advisory Committee with terms expiring
December 31,2016.
SECTION 4: This resolution is effective immediately upon passage.
PASSED: This day of 2015.
Mayor-City of Tigard
A rE,ST:
City Recorder-City of Tigard
RESOLUTION NO. 15 -
Page 1
Attachment 2
Tigard Transportation Advisory Committee
Biographies of Recommended Appointees
On December 8,2015 the Tigard City Council will consider a resolution appointing members to the Tigard
Transportation Advisory Committee (FI'AC). Following are brief biographies for the individuals
recommended for appointment.
Recommended for voting positions:
Donald Schmidt was appointed to the TTAC in January 2011. He also serves as a member of the Planning
Commission. Don graduated from the University of Arkansas with a B.A. in Architecture. He has been
working in the Portland area for the past 17 years. He is a member of the American Institute of Architects
and Cascadia Green Building Council.
Joseph Vasicek has lived in Tigard for 10 years and in the area for a few decades. He works as a
Mechanical Engineer for the trucking industry at Williams Controls. He is a married father of young
children and enjoys walking and biking with his family to many of Tigard's beautiful parks and events.Joe
has been a member of TTAC's Pedestrian and Cyclist Subcommittee for the past two years and an Alternate
on TTAC for the past year. He will be serving as a "business" representative.
Robert Van Vlack has lived in Tigard for 12 years. He is retired after 36 years with NW Natural. He has
served on the Reedville School District Board and is a liaison for the Summerfield Civic Association.
Russell Casler has lived in Tigard for 2 years and previously lived in Tualatin. He is an Operations and
Policy Analyst for DMV Driver Programs/ODOT. Previously he was an analyst for the Oregon
Government Ethics Commission and a legislative assistant in the 2011,2012 and 2013 sessions of the
Oregon State Legislature. He has a B.S.in Political Science from the University of Oregon.
Yi-Kang Hu has lived in Tigard for over 7 years. He is a lawyer with Spectra Law Group and has a J.D.
from Lewis &Clark Law School,a Ph.D. from OHSU and a B.A. from Reed College. He has served on the
Oregon Board of Naturopathic Medicine and the Oregon Law Center. He walks his dog to the downtown
dog park on a regular basis and also at Cook Park,where he also rides his bike.
Recommended as alternates:
Rick Perry has lived in Tigard for 27 years and is an entrepreneur. He organized a large charrette for land
use including the mayor,district 3 councilor and the community. He is a long time cyclist and is interested in
Tigard's transportation.
Susan Pfahl has lived in Tigard for 29 years and is an instructor and artist. She has a Bachelor of Business
Administration and a Master of International Management.
Timothy Esau has lived in Tigard for 27 years. He works as a Senior Systems analyst for ODOT. He has
served 1 year on the Tigard Budget Committee,2 years on the Budget Committee for the Tigard-Tualatin
Aquatic District, and as an alternate on TTAC for one year. He has been active in the community on transit
and other transportation issues.
AIS-2324 8.
Business Meeting
Meeting Date: 12/08/2015
Length (in minutes): 45 Minutes
Agenda Title: Public Hearing: Sidewalk Gap Program
Prepared For: Toby LaFrance
Submitted By: Carissa Collins, Finance and Information Services
Item Type: Motion Requested Meeting Type: Council
Public Hearing- Informational Business
Meeting-
Main
Public Hearing Yes
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
•
Information
ISSUE
Should Council consider a ballot measure to fund a sidewalk gap program?
STAFF RECOMMENDATION /ACTION REQUEST
Staff requests that Council affirm its direction from the November 17,2015 workshop to place a ballot
measure authorizing the issuance of general obligation bonds to fund a sidewalk gap capital program and
provide direction on potential ballot tide language.
KEY FACTS AND INFORMATION SUMMARY
During the November 17,2015 workshop,Council provided staff with direction on a proposed Sidewalk Gap
Program. Key direction included:
1.The program presented met Council direction provided at the October 20,2015 Workshop. Specifically
to outline and cost a Sidewalk Gap Program that would create continuous pedestrian connections on all
arterial roads,collector streets,busy neighborhood streets, and trails in the City of Tigard. Using GIS
data and based on a high level programmatic cost estimate, staff determined that there are approximately
34 miles of sidewalk and trail gaps to fill and it would cost approximately$118 million to construct
pedestrian connections that will fill those gaps. Further, staff estimated that approximately twenty
percent of the funding for the sidewalks could come from resources outside the city, such as grants and
through development during the life of a 20 year program. This will leave the City of Tigard with
approximately$80 million capital costs to complete a pedestrian network that will connect the
community and provide a viable transportation option that could reduce automobile congestion.
2.Funding for the program will come from issuing voter approved General Obligation Bonds.
3.Placing the measure on the May 2016 ballot.
At this meeting, staff is seeking direction on a proposed calendar to place this item on the May 2016 ballot
and start a discussion on key concepts to include in a ballot title. To aid the discussion, staff will provide
conceptual ballot tide language in the Council packet on Thursday December 3,2015. The proposed calendar
is as follows:
•January 26,2016: Continued discussion of ballot tide during Council Business Meeting.
•February 9,2016: Hearing to approve ballot title language.
•February 10,2016: Beginning of Ballot Title Challenge Period.
•March 17,2016: Deadline to file ballot with Washington County Elections.
OTHER ALTERNATIVES
Recommend an alternate funding mechanism for the Sidewalk Gap Program.
Do not move forward with a Sidewalk Gaps Program.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
The Sidewalk Gap Program will fulfill a key concept in the city's Strategic Plan to become the most walkable
community in the Pacific Northwest where people of all ages and abilities can live healthy and interconnected
lives.
DATES OF PREVIOUS CONSIDERATION
April 27, 2015 -Budget Committee Discussion
May 4,2015 -Budget Committee Approval
October 20,2015 - Council Workshop
November 17,2015 -Council Workshop
Attachments
Na file(s)attached.
SUPPLEMENTAL PACKET
FOR
City of Tigard ATE OF MEETING)
R6�c�C_ ilekrl
T I G A R D Memorandum '�`J
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To: Mayor and Council
From: Toby LaFrance, Finance and Information Systems Director
Re: Draft Ballot Title Language
Date: December 3, 2015
At the Council Workshop on November 17, 2015, Council instructed staff to start preparing a
possible ballot measure for the May 2016 election. Attached is draft ballot title language for
your consideration at the Council Meeting on December 8, 2015. The intent of this draft is to
elicit discussion on key concepts to include in the title. The specific language will need to be
approved by the City Attorney,Bond Counsel, and Financial Advisor prior to Council action.
The ballot title is made up of three sections, the Caption, Question, and Summary. Each section
has a word limit as follows:
• Caption: 10 words
• Question: 20 words, not including the sentence that starts with "If the bonds are
approved,...".
• Summary: 175 words
The attached title falls within these limitations. Some other concepts that the title includes are:
• Funding a multi-year program
• Funding a program to fill gaps in various types of pedestrian connections along Tigard's
busiest streets and trails.
• Including a citizen advisory committee
• We are in discussions on optimal bond structure options due to the length of the
program.
Caption:
Tigard General Obligation Bond Authorization for Sidewalk Gap Program
Question:
Shall Tigard be authorized to issue up to $80,000,000 in general obligation bonds for pedestrian and
bicycle connections and crossings? If the bonds are approved, they will be payable from taxes on
property or property ownership that are not subject to the limits of sections 11 and 11b, Article XI of the
Oregon Constitution.
Summary:
This measure amends the Tigard City Charter to authorize the City to issue up to$80,000,000 of general
obligation bonds to pay for the capital costs related to filling gaps within the existing sidewalk and trail
system, including: sidewalks, paved pedestrian connections, pedestrian crossings, pedestrian safety,
bike lanes, trail connections, purchasing necessary right of way, and paying issuance costs. The bonds
will be the primary funding source for the Sidewalk Gap Program. The program will focus on creating a
complete pedestrian system along Tigard's busiest roads and trails, and is expected to fill over 30 miles
of sidewalk and trail gaps over a period of 8-10 years. The Bike and Pedestrian Subcommittee of the
Tigard Transportation Advisory Committee, a citizen advisory committee, would advise City Council as to
project priorities. The city estimates the levy for these bonds would be approximately X cents per
$1,000 of assessed value per year, or approximately$XXX per year on a home assessed at$240,000.
A copy of the charter amendment is available from the City's Elections Officer.