City Council Packet - 05/25/2004
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
May 25, 2004
COUNCIL MEETING WILL BE TELEVISED
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13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
Agenda Item No. J-Z
Meeting of !0 6 04'
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
May 25, 2004
Mayor Dirksen called the meeting to order at 6:30 p.m.
Council Present: Mayor Dirksen; Councilors Moore, Sherwood, Wilson, and Woodruff.
• STUDY SESSION
> Meet with Metro Council President David Bragdon - Discuss Excise Tax and
Tipping Fee
Metro Council President Bragdon and Metro Solid Waste Director Michael
Hoagland met with City Council. Financial Operations Manager Imdieke
introduced this item reminding the Council that an excise tax is being
considered by Metro (increase of $2 per ton of solid waste) to support
regional parks and the Convention Center. In addition to the increase in
excise tax, Metro is also increasing other components of the tip fee and the
transaction fee (currently $67.18/ton with a $6 transaction fee) for a total
rate Increase of about $5.12 per ton. Council had earlier raised concerns
about rate setting authority, the nexus of an excise tax to the parks and
convention center, and funding issues for local parks. The options for the
method to Impose these increases were discussed as well as the fact that
haulers have contacted City staff that discussions are needed on the franchise
agreement with regard to rate increases.
Mayor Dirksen noted his issues with the little economic benefit that would be
realized for Tigard residents with the funding directed towards the convention
center. Councilor Wilson noted additional concerns that the greenspaces
program was exceeding the expectations of voters who were not anticipating a
new parks system when they approved the greenspaces bond measure. He
noted instances where the City of Tigard did not accept donations of
greenspace area because of maintenance costs. He questioned what will be
done with all the spaces that are being protected. Councilor Wilson agreed
that it is difficult to fund parks and understood why new revenues would be
sought; however, this creates voter "fatigue" when they are asked to consider
funding other programs or services.
Metro Council President Bragdon reviewed how Metro's budget is funded,
which includes rate setting for garbage disposal, fees, and the ability to levy an
excise tax. He said the Metro excise tax is comparable to the franchise fees
that cities charge utilities. He outlined the funding for the zoo, which includes
an operating levy and the money received by charging admission. A voter-
approved bond funded the convention center and another voter-approved
Tigard City Council Meeting Minutes -May 25, 2004 Page 1
bond approved the greenspaces acquisition program. In addition Metro
receives federal grants. He noted the bond didn't provide for any
maintenance funding and described the citizens group that recommended that
an excise tax be implemented for parks and greenspaces maintenance. In
addition two new parks, one in Wilsonville and one in Beaverton (Cooper
Mountain) will be created. Since the Initial request of a $2/ton excise tax, the
Metro solid waste budget was cut by 8% and the excise tax will now be
$1.38/ton.
Metro Solid Waste Director Michael Hoagland explained that the tipping fees
were reduced in the mid-1990s from $75/ton to $62.05/ton and Metro has
been using reserves since that time. The proposed increase In tipping fee was
raised to $70.96/ton (up from $67.18/ton). The average residential
customer will see an increase in their solid waste bill of 25 cents per month for
the tipping fee raise and 13 cents from the excise tax. Commercial customers
will see larger increases. Councilor Sherwood noted that this would represent
an impact on the homeless shelter's expenses.
Mr. Imdieke, In response to a comment from Mr. Bragdon, clarified that one
of the main reasons for a city franchise of solid waste is to minimize the
number of large tracks on the road. These trucks use city streets and there is a
related degradation of road conditions. The Engineering Department manages
the transportation program for Tigard; this department Is supported by the
General Fund and In FY 2004-05, their budget is $1.2 million.
In response to a question from Councilor Woodruff about whether the excise
tax and Increase in tipping fees were a "done deal," Mr. Bragdon affirmed that
the Metro budget has been adopted. Councilor Sherwood said that parks in
Wilsonville and Beaverton did not benefit Tigard. Mayor Dirksen noted the
raise in fees impacts Tigard residents with no apparent return. Councilor
Wilson objected to the way this increase had been communicated to local
jurisdictions - after it was "a done deal." He said he requested more
sensitivity to "our position" in the future.
> Review Park/Open Space Survey Questions
Park Manager Dan Plaza reviewed the draft survey questions with City Council.
Also present was Consultant Mark Nelson from Public Affairs Counsel. In
addition, Parks and Recreation Advisory Board (PRAB) Chair Switzer was
present as well as PRAB member Bernhard. Comments by Council on the
proposed survey were as follows:
Tigard City Council Meeting Minutes -May 25, 2004 Page 2
o Too many specific questions. Ask more general questions before getting to
specific programs. Move the more general questions from Page 7 to the
beginning of the survey.
o The survey questions seem to indicate that the City is already considering a
number of programs. It was requested that questions be phrased so that
citizens can articulate what they would like to see to see implemented, how
they would prioritize, and how much they would be willing to pay.
o In general, would the citizens want to see parks and recreation as a higher
priority in Tigard?
o Survey should be structured as a needs assessment.
The PRAB will meet to review a revised draft. Another review with the
Council will occur on June 8.
> Review Metro Transportation Improvement Program (MTIP) Application
Package and Provide Comments
Community Development Director Hendryx reviewed this item with the City
Council. Approximately $41 million are available for transportation from
federally authorized funds. The funds will be allocated In the Metro area
through the Transportation Priorities 06-09 program. Metro has solicited
projects for consideration; applications are due June 30. The funding for
projects would be available fiscal year 2008-09. The recommended projects
were reviewed with Council as outlined in a May 18, 2004, memo from Jim
Hendryx to the City Council; a copy of this memo is on file with the City
Recorder. Council noted general consensus with the staffs recommendations
and these recommendations will be presented to Council for formal approval
• at its June 22 meeting.
> Update on Goal 5 (This update was presented during the Council Liaison
Reports during the Business meeting - Item 1.4.)
> Administrative Items reviewed with Council included:
a. Consideration of Proclamation has been added to the Agenda: Say
NO to Hate, YES to Unity
b. Request to consider Consent Agenda Item 3.1 separately - Consider
the proposed Library Policies and Procedures
C. Consent Agenda 3.3 - Intergovernmental Agreement with Washington
i County for the Improvement of Walnut Street Between 121 n and
135' Through the Major Streets Improvement Program (Agreement
was distributed to Council.)
Recessed Study Session at 7:33 p.m.
Tigard City Council Meeting Minutes -May 25, 2004 Page 3
• EXECUTIVE SESSION: Not held.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council 8T Local Contract Review Board
meeting to order at 7:40 p.m.
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications 81 Liaison Reports
> Update on Goal 5
Associate Planner Hajduk presented the staff report and the PowerPoint slide
presentation highlighting her remarks are on file with the City Recorder. The
purpose of the presentation was to discuss the large picture of resource
protection, the major components of the current Goal 5 process program and
to seek input on the potential program elements. Councilor Wilson, who is the
Council liaison to the Tualatin Basin Partners, commented on this several-year
process, and the status of the efforts by the Partners to meet federal and state
requirements for protecting natural resources in the Tualatin Basin. He spoke
about achieving environmental protection while balancing private property
rights. He noted that at a recent public hearing representation of
environmental groups and large and small property owners were about evenly
divided. Councilor Wilson reviewed some of the issues of balance that the
Partners are reviewing; for example, is it reasonable to prohibit all development
in the 100-year flood plain?
Ms. Hajduk reviewed the timeline on the Goal 5 review:
o August 2004 - Basin Public Hearing
o December 2004 - Metro Council Decision
o Spring 2005 - Basin Partners adopt ordinances to implement
The Council decide it would review the "ALP" map at its )une 15 Workshop
Meeting.
1.5 Call to Council and Staff for Non-Agenda Items: None
> PROCLAMATION
o Say NO to Hate, YES to Unity
Mayor Dirksen noted that Tigard citizens had been targeted recently with
distribution of hate literature in neighborhoods. Tigard High School students had
Tigard City Council Meeting Minutes -May 25, 2004 Page 4
also been targeted with deliveries of hate messages on CD's. This type of activity
Is the gateway to possible violence. To respond, the City of Tigard is sponsoring a
Unity Rally on Thursday, May 27, 6:30 p.m. at Cook Park. In addition the
Mayor and City Councilors signed a "Say No to Hate, Yes to Unity"
proclamation. The Mayor read the proclamation. Copies of this proclamation will
be made available so members of the community can sign.
2. VISITOR'S AGENDA
o John Frewing, 7110 SW Lola Lane, Tigard, Oregon spoke to the Council about
directing city boards, committees and commissions to provide opportunity for
citizen input on Issues under review by those groups. He said he had not been
able to offer testimony at a meeting he attended the evening before. Mr. Frewing
also suggested that the Council be wary of street standard waivers for capital
Improvement projects that are offered by staff. He said waivers should go through
a public process. (A copy of an e-mail dated May 25, 2004 from Mr. Frewing
to Mayor Dirksen is on file with the City Recorder.)
3. CONSENT AGENDA: Item 3.1 was removed from the agenda and considered
separately by the City Council. Motion by Councilor Wilson, seconded by Councilor
Sherwood to approve the following:
3.2 Ratify City Manager's Employment Agreement
3.3 Consider Amendment to the Intergovernmental Agreement with Washington
County for the Improvement of Walnut Street Between SW 1211 and 1351'
Through the Major Streets Improvement Program
3.4 Local Contract Review Board:
a. Award Contract for the Construction of Fanno Creek Bank
Stabilization to PCR, Inc.
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
Consider Consent Agenda Item 3.1 - Library Director Barnes and Councilor
Sherwood requested that the proposed library policy with regard to alcohol exclusion
be delayed until September 1, 2004. The Friends of the Library are hosting a
fundraising event prior to the opening of the Library and they would like to include a
Tigard City Council Meeting Minutes -May 25, 2004 Page 5
champagne toast as part of the event. This would also give a window of opportunity
for other activities to celebrate the grand opening of the library. All other library
policies would become effective August 2. Motion by Councilor Moore, seconded by
Councilor Wilson to approve this item for the Consent Agenda as requested.
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
4. TIGARD MUNICIPAL COURT ANNUAL REPORT
Municipal Court ]udge O'Brien and Administrative Services Manager Robinson
presented the staff report to the Council. A copy of the highlights of their
PowerPoint presentation is on file with the City Recorder. Judge O'Brien reviewed
the Municipal Court Programs: Traffic, Youth Court, and Civil Infractions.
The 2003 legislative changes Included maximum, minimum and base-fines increases,
an increase in the State unitary assessment from $35 to $37 per violation, and
amendments to laws relating to speeding, school zones and pedestrians. In 2003, the
Court's caseload increased 1 1 % from 2002 with 8,250 violations processed. The
judge reviewed traffic court activity. In response to a question from Councilor
Woodruff, the judge said that the majority of time the minimum traffic fine is
imposed on traffic violators because the majority of people appearing before him have
good driving records the last three years. He added that the minimum fines, set by
the legislature, are very high, $150+ for a traffic violation. Ms. Robinson noted
there are not a lot of repeat offenders and individuals are also faced with increased
insurance premiums.
The Tigard Youth Court continues to be successful. About 200 cases have been
heard since 2002, when the program began. Most of the citations in 2003 (67%)
related to shoplifting offenses. Nearly all juveniles appear with their parents. About
99% enter guilty pleas after full misdemeanor arraignment, and more than 95%
complete probation without violations or repeat offenses.
5. SUMMER READING PROGRAM REPORT
Library Director Barnes presented the staff report including a PowerPoint presentation
which is on file with the City Recorder. The goal of summer reading is to have
families use the library and encourage children to read during the summer. Special
summer programs were reviewed.
Tigard City Council Meeting Minutes -May 25, 2004 Page 6
6. DISCUSS WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES
(WCCLS) LEVY ELECTION RESULTS AND HEAR AN UPDATE ON THE NEW
LIBRARY SCHEDULE
The Levy did not pass because the required 50% voter turnout did not happen. The
majority of those who did vote, voted in favor of the levy. Staff will review services
and programs.
Library Director Barnes reported that the new library construction remains within
budget and on schedule. The current library will close on July 16 to begin the
process of moving. The Library Foundation is planning an event, tentatively
scheduled for July 30, as a fundraiser and to allow a sneak preview of the new library.
There will be a trial-period opening of the library, with Grand Opening scheduled for
Saturday, August 21.
Council meeting recessed: 9:10 p.m.
Council meeting reconvened: 9:13 p.m.
7. PUBLIC HEARING - CONSIDER EXCEPTIONS TO THE TRANSPORTATION
SYSTEM PLAN STANDARDS ON CERTAIN STREET IMPROVEMENT PROJECTS
a. Mayor Dirksen opened the public hearing.
b. City Engineer Duenas presented the staff report wherein staff recommended
Council authorize exceptions to the Transportation System Plan standards on
certain street improvement projects. It is the intent of staff to follow the TSP
standards wherever feasible. Mr. Duenas reviewed the reasons for deviating
from those standards.
C. Public Testimony: None.
d. Staff Recommendation: Approve the proposed resolution authorizing
exceptions to the TSP standards for certain city street improvement projects.
e. Council Discussion: In response to a question from Councilor Wilson, Mr.
Duenas confirmed that an arborist is consulted when decisions are made about
whether trees can be saved.
City Manager Monahan referred to the May 25, 2004, e-mail from John
Frewing regarding issues relating to the Hall Boulevard sidewalk improvements
and the Mapleleaf Street improvements. These two projects would not have
been affected by the proposed resolution nor would they have been the type
of project recommended for exceptions. Exceptions are for city projects only
where the City is trying to retrofit projects within existing development. Mr.
Duenas said the Mapleleaf Street improvement is to convert a gravel road to
pavement to reduced city maintenance costs. The Hall Boulevard project is a
Community Development Block Grant project to address the needs of a low-
Tigard City Council Meeting Minutes -May 25, 2004 Page 7
Income neighborhood to provide sidewalks, which will make it safer for people
to walk in this area.
There was discussion about the few number of homes that have been
purchased when road Improvement projects have come along. Councilor
Wilson noted that sometimes It appears to be the better choice, specifically
referring to the Gaarde Street improvements, to purchase a home when the
road improvements take away a driveway.
f. Mayor Dirksen closed the public hearing.
g. Consideration by Council: Motion by Councilor Moore, seconded by
Councilor Woodruff to approve Resolution No. 04-33.
RESOLUTION NO. 04-33 - A RESOLUTION APPROVING
EXCEPTIONS TO THE TRANSPORTATION SYSTEM PLAN
STANDARDS ON CERTAIN STREET IMPROVEMENT PROJECTS.
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
8. PUBLIC HEARING (INFORMATIONAL) TO FINALIZE FORMATION OF
SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28 - PORTIONS OF SW
O'MARA STREET, MCDONALD STREETS
a. Mayor Dirksen opened the public hearing.
b. Project Engineer Berry reviewed the staff report outlining that the construction
L of improvements have been completed and final costs have been determined.
r The Engineer's report has been revised accordingly.
C. Public Testimony: None
d. Staff Recommendation: Approve the proposed resolution to form
i Reimbursement District No. 28 as modified by the final City Engineer's
Report.
i
e. Council discussion followed which Included a brief review of the
reimbursement program.
f. Mayor Dirksen closed the public hearing.
g. Consideration by Council: Motion by Councilor Moore, seconded by
Councilor Woodruff to approve Resolution No. 04-33.
Tigard City Council Meeting Minutes -May 25, 2004 Page 8
RESOLUTION NO. 04-33 - A RESOLUTION FINALIZING SANITARY
SEWER REIMBURSEMENT DISTRICT NO. 28 (SW O'MARA,
MCDONALD STREETS)
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
9. COUNCIL LIAISON REPORTS: None
10. NON AGENDA ITEMS
> STUDY SESSION (Continued discussion on Administrative Items)
d. Update - Bull Mountain White Papers (Memo was distributed to
Council.)
City Manager Monahan referenced the memo from Community
Development Director Hendryx on the white paper process that had
been distributed to Council. It is anticipated that there will be a large
amount of public testimony for the white papers review, the annexation
plan hearing, and the ballot title hearing (if it's decided to have the
annexation plan go forward). After discussion with Council, June 23,
and 24, July 28 and 29, and August 11 and 12 are dates that the
Council may consider for continuation of hearings or discussions.
Councilor Sherwood requested that groundrules for the conduct of
these meetings be made available to people beforehand.
e. Concerns have been noted by the City of Tualatin with the MPAC
vote on Urban Growth Boundary. Mayor Dirksen said he tried to
contact Mayor Ogden earlier today; he will try to reach him again.
Councilor Wilson is the alternate representative for Washington County
cities and he will attend the MPAC meeting should Mayor Kidd of
Forest Grove be unable to attend.
f. Calendar Review
Tigard City Council Meeting Minutes -May 25, 2004 Page 9
• May 27 Tigard Says No to Hate Rally - Cook Park - 6:30 p.m.
City Manager Monahan reviewed the activities planned for the
unity rally.
• May 31-Memorial Day Holiday - City Offices Closed -
Ceremony at Crescent Grove Cemetery - 11 a.m. (Mayor Dirksen
Is speaking at this event)
• June 5 - Bonita Park Grand Opening, i 1 a.m.
• June 8 - Council Business Meeting - 6:30 p.m.
• June 15 - Council Workshop Meeting - 6:
• June 20 - Nicoll Athletic Field Dedication, 11 a.m.
• June 18-20 - Balloon Festival
• June 22 - Council Business Meeting - 6:30 p.m.
h. Other discussion topics:
• City Manager Monahan distributed a proposal for public relation
services from Rockey Hill 8Z Knowlton regarding the public
education effort regarding the Bull Mountain annexation.
• The County has not received a request from King City for assistance
regarding potential annexation of Bull Mountain.
• Citizens from Bull Mountain testified at the recent hearing by the
County regarding collecting parks SDC's. Photographs of Fanno
Creek park were shown to the Commissioners Including a segment
of the park next to a parking lot and the pond which is fed by the
Creek.
• Meeting logistics were discussed including security and providing the
public with an opportunity to comment.
11. EXECUTIVE SESSION: Not held.
11. ADJOURNMENT: 10:07 p.m.
Catherine Wheatley, City corder
Attest:
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Tigard City Council Meeting Minutes -May 25, 2004 Page 10
Mayor's Agenda (Revised)
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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. Visitor's Agenda 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
Y 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
i 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
COUNCIL AGENDA - MAY 25, 2004 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
MAY 25, 2004
6:30 PM
• STUDY SESSION
> Meet with Metro Council President David Bragdon - Discuss Excise Tax and
Tipping Fee
> Review Park/Open Space Survey Questions
> Review Metro Transportation Improvement Program (MTIP) Application
Package and Provide Comments
> Update on Goal 5
• EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an
Executive Session is called to order, the appropriate ORS citation will be announced
Identifying the applicable statute. All discussions are confidential and those present may
disclose nothing from the Session. Representatives of the news media are allowed to
attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any
information discussed. No Executive Session may be held for the purpose of taking any
final action or making any final decision. Executive Sessions are closed to the public.
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 81 Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications U Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
> PROCLAMATION
o Say NO to Hate, YES to Unity
- Mayor & City Council Members
7:35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
COUNCIL AGENDA - MAY 25, 2004 page 2
'.L
7:40 PM
3. CONSENT AGENDA: These items are considered to be 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:
3.1 Approve Library Policies and Procedures - There has been a request to remove
this Item and consider it separately.
3.2 Ratify City Manager's Employment Agreement
3.3 Consider Amendment to the Intergovernmental Agreement with Washington
County for the Improvement of Walnut Street Between SW 1211 and 1351
Through the Major Streets Improvement Program
3.4 Local Contract Review Board:
a. Award Contract for the Construction of Fanno Creek Bank Stabilization
to PCR, Inc.
• 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 has voted on those items which do not need
discussion.
Consider Consent Agenda Item 3.1:
o Approve Library Policies ex Procedures
a. Staff Report: Library Staff
b. Council Consideration: Motion to adopt the Library Policy and
Procedures (with amendment?)
7:45 p.m.
4. TIGARD MUNICIPAL COURT ANNUAL REPORT
a. Staff Report: Finance Staff and Municipal Judge O'Brien
b. , Council Discussion
8:15 P.M.
5. SUMMER READING PROGRAM REPORT
a. Staff Report: Library Staff
b. Council Discussion
8:25 p.m.
6. DISCUSS WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES
(WCCLS) LEVY ELECTION RESULTS AND HEAR AN UPDATE ON THE NEW
LIBRARY SCHEDULE
a. Staff Report: Library Staff
b. Council Discussion
COUNCIL AGENDA - MAY 25, 2004 page 3
8:35 p.m.
7. PUBLIC HEARING - CONSIDER EXCEPTIONS TO THE TRANSPORTATION
SYSTEM PLAN STANDARDS ON CERTAIN STREET IMPROVEMENT PROJECTS
a. Open Public Hearing
b. Summation by Engineering Department
C. Public Testimony
d. Staff Recommendation
e. Council Discussion
f. Close Public Hearing
g. Consideration by Council: Resolution No. 04-33
Councilor. I move for adoption of the proposed Resolution.
Councilor. I second the motion.
Mayor: Will the City Recorder please read the number and title of the Resolution.
.City Recorder: (Reads as requested.)
Mayor.• Is there any discussion?
Mayor
(after discussion): All of those in favor of adopting Resolution No. , please say "aye. "
Mayor/Councilors:
Mayor: All of those opposed to adopting Resolution No. please say "nay. "
Mayor/Councilors:
Mayor. Resolution No. (is adopted or fails) by a (unanimous, or however votes
were split) vote.
Tie votes = failed motion.
COUNCIL AGENDA - MAY 25, 2004 page 4
F
8:50 P.M.
8. PUBLIC HEARING (INFORMATIONAL) TO FINALIZE FORMATION OF
SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28 - PORTIONS OF SW
O'MARA STREET, MCDONALD STREETS
a. Open Public Hearing
b. Summation by Engineering Department
C. Public Testimony
d. Staff Recommendation
e. Council Discussion
f. Close Public Hearing
g. Consideration by Council: Resolution No. 04--al
Councilor: I move for adoption of the proposed Resolution.
Councilor: I second the motion.
Mayor. Will the City Recorder please read the number and title of the Resolution.
City Recorder: (Reads as requested.)
Mayor: Is there any discussion?
Mayor
(after discussion): All of those in favor of adopting Resolution No. , please say "aye. "
Mayor/Councilors:
Mayor. All of those opposed to adopting Resolution No. please say "nay. "
Mayor/Councilors:
Mayor. Resolution No. (is adopted or fails) by a (unanimous, or however votes
were split) vote.
Tie votes = failed motion.
9:05 P.M.
9. COUNCIL LIAISON REPORTS
10. NON AGENDA ITEMS
COUNCIL AGENDA - MAY 25, 2004 page 5
11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced identifying the applicable statute. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),
but must not disclose any information discussed. No Executive Session may be held
for the purpose of taking any final action or making any final decision. Executive
Sessions are closed to the public.
9:15 P.M.
11. ADJOURNMENT
N,dn,ldtlr~1200.1010S25~doe
COUNCIL AGENDA MAY 25, 2004 page 6
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING - STUDY SESSION
May 25, 2004 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
Th e Study Session Is held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council
encourages Interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity
of the Conference Room, the Council may move the Study Session to the Town Hall.
6:30 PM
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session as provided by ORS 192.660
(2)(d)(h)(1) to discuss labor negotiations, pending litigation and to discuss the evaluation of the City Manager
under previously established criteria. 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.
• STUDY SESSION
> Meet with Metro Council President David Bragdon - Discuss Excise Tax and
Tipping Fee
> Review Park/Open Space Survey Questions
> Review Metro Transportation Improvement Program (MTIP) Application Package
and Provide Comments
> Update on Goal 5
> Administrative Items
a. Consideration of Proclamation has been added to the Agenda: Say NO to Hate, YES to
Unity
b. Request to consider Consent Agenda Item 3.1 separately - Consider the proposed Library
Policies and Procedures
C. Consent Agenda 3.3 - Intergovernmental Agreement with Washington County for the
Improvement of Walnut Street Between 1211 and 1351 Through the Major Streets
Improvement Program (Agreement is attached.)
d. Update - Bull Mountain White Papers (Memo is attached.)
e. Concerns by Tualatin with the MPAC vote on Urban Growth Boundary (Mayor Dirksen;
Councilor Wilson)
f. Calendar Review
• May 27 - Tigard Says No to Hate Rally - Cook Park - 6:30 p.m.
• May 31-Memorial Day Holiday - City Offices Closed - Ceremony at Crescent Grove Cemetery
- 11 a.m. (Mayor Dirksen Is speaking at this event)
• June 5 - Bonita Park Grand Opening, 1 l a.m.
• June 8 - Council Business Meeting - 6:30 p.m.
• June 15 - Council Workshop Meeting - 6:
• June 20 - Nicoll Athletic Field Dedication, 11 a.m.
• June 18-20 - Balloon Festival
• June 22 - Council Business Meeting - 6:30 p.m.
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited
situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting
of a governing body, which Is closed to certain persons for deliberation on certain matters."
Permissible Purposes for Executive Sessions:
192.660 (2) (a) - Employment of public officers, employees and agents,
If the body has satisfied certain prerequisites.
192.660(2) (b) - Discipline of public officers and employees (unless affected person requests to
have an open hearing).
192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (2) (d) - Labor negotiations. (News media can be excluded in this Instance.)
192.660 (2) (e) - Real property transaction negotiations.
192.660(2) (f) - Exempt public records - to consider records that are "exempt by law from
public Inspection." These records are speclflcally Identified in the Oregon
Revised Statutes.
192-660(2) (g) - Trade negotiations - involving matters of trade or commerce In which the
governing body is competing with other governing bodies.
192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties
regarding current litigation or litigation likely to be filed.
192.660(2) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives
adopted by the governing body, the employment-related performance of the
chief executive officer, a public officer, employee or staff member unless the
affected person requests an open hearing. The standards, criteria and policy
directives to be used In evaluating chief executive officers shall be adopted by
the governing body in meetings open to the public in which there has been an
opportunity for public comment.
192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with
private persons or businesses regarding proposed acquisition, exchange or
liquidation of public investments.
192.660(2) (k)- Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of programs relating to security.
I.Wmtcattrytmiausiptnk sheet • ahoy session agarkfaa12 NM42525.dw
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Agenda Item No. S+L4dL Pt '101
Meeting of 7Y) C .
CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
TO: City Council FROM: Jim Hendryx lDATE: May 18, 2004
SUBJECT: MTIP Application
Approximately $41 million are available for transportation from federally authorized funds. The funds will be
allocated in the Metro area through the Transportation Priorities 06-09 program (also known as MTIP -
Metro Transportation Improvement Program). Metro has solicited projects for consideration and
applications are due June 30th. The funding for projects through this allocation would be available fiscal
year 2008-09.
Process
Projects being considered must be identified in the Regional Transportation Plan (RTP). A jurisdiction can
propose to trade a project not in the RTP for one that is, provided the cost and the impact is the same. As
part of the project review and funding process, a resolution of endorsement from the governing body
sponsoring the project is needed. The resolution of endorsement, if approved, would be submitted to Metro
as part of the application packet. In addition, because the project match requirements exceed $25,000, the
City Council must also approve the application for the funds. A proposed resolution and final MTIP
applications for the projects Council provides direction on will be prepared for adoption on the consent
agenda at the June 22rd Council meeting.
Recommended proiects
After reviewing the MTIP criteria, potential project costs and the project need, the Engineering, Community
Development and Public Works Departments recommend submittal of MTIP applications for the following
four projects:
Est. cost" Request Local Match Issues/Recommendation
Greenbelt trail - 217 to Fanno Creek trail - Washington Square Regional Center
$627,000 (ROW) $829,800 $92,200 This is a continuation of the greenbelt trail funded during
$295,000 (const.) - last MTIP allocation. Funding of the local match would
does not include ped come from the Park CIP.
bridge over 217
922,000 total
Powerline trail - Barrows to Beef Bend - Bull Mountain
$150,000 (alignment $945,000 $105,000 This is identified as a regional trail and implements the
study and design) Tigard Park Master Plan. It will eventually create a
continuous trail from Beef Bend north through Beaverton
$900,000 (const.) to Farmington Road. Funding of the local match would
$1,050,000 total come from the Park CIP.
Est. cost* Request Local Issues/Recommendation
Match
Greenbur Road -Shad Lane to Tiedemann - Washington Square Regional Center
$3,700,000 $1,000,000 $2,700,000 Serves/enhances Washington Square. Tigard has
received funding for design and ROW acquisition for this
portion of Greenburg and now is seeking funding for the
construction. Tigard applied for funding for the
construction during the last MTIP allocation but did not
receive funding. The local match has been increased to
help increase technical ranking for funding consideration.
Funding for the local match of this project would come
from the TIF. In addition there is the possibility the cost of
this project (or local match if needed) could be included in
a transportation bond.
Ash Street ext P&W RR to Burnham Downtown
$650,000 (1/2 ROW) $819,000 $91,000 This project serves the downtown area, the Tigard transit
$260,000 (const.) center and the commuter rail project by providing a
$910,000 total secondary access to the parking lot. This project is also
one part of the Walnut Street extension. The Walnut
Street extension is identified as a collector street going
from 99W to Hunziker in the local Transportation System
Plan (TSP).
Because this project is not on the RTP, the City will need
to trade a project currently on the RTP financially
constrained system for this project. The proposal is to
trade Oak Street which is valued at $924,000 for this
project. Oak Street is a County facility and, in the past,
the County has been agreeable to such a trade. If,
however, the County does not support this trade, the
second choice for a trade is to reduce the project cost for
a portion of 72"d. If this trade were necessary, funding
for $1 million of the construction for 72"d would not be
eligible for MTIP funding and an alternate funding source
would be required. If either project is traded, it will no
longer be available for funding through the MTIP process,
however this does not mean the project will not be funded
through other sources.
Funding for the local match on the Ash Street project
would come from TIF funds as well as funding sources
identified through the downtown improvement plan.
*Estimate based on 2009 dollars using a yearly inflation factor of 8%
Issues before Council:
1. Should staff prepare MTIP applications for all of the projects proposed?
2. Should the application for MTIP funds for the Ash Street connection include the proposal to trade this
project for Oak Street from the RTP or should another project be proposed for trade?
PROCLAMATION.,,.
r ..p. Hwy
Say NO to Hate, YES to unity
WHEREAS, Tigard citizens have been targeted recently through the distribution of hate literature spy
in neighborhoods; and
t~' t
WHEREAS, Tigard High School students have been targeted with hate messages on CD's
distributed in our community; and
WHEREAS, hate literature is the gateway to possible violence; and
WHEREAS, Tigard stands for:
♦Harmony, ♦Unity, and ♦a Hate-Free Environment; f;
NOW THEREFORE BE IT RESOLVED THAT 1, Craig Dirksen, Mayor of Tigard, on behalf of
the entire City Council, do hereby proclaim:
} Tigard Says No to Hate, Yes to Unity
and urge all citizens to join together in support of these values and reaffirm our commitment to
Equality, Harmony, Unity and a Hate-Free Environment in our City by sign'.ng this proclamation.
Dated this day of 2004.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seat of the City of Tigard
to be affixed.
t Craig Dirksen, Mayor .
i City of Tigard ;tgyjpfi;~Fs
We, the undersigned members of the Tigard City Council hereunto set our hands to show support f r`_
for this Proclamation:
Council President Nick Wilson Councilor Brian Moore . j
fl . s
Councilor Sydney Sherwood Councilor Tom Woodruff
m We the undersigned members of the Tigard Community hereunto set our hands to show support
for this Proclamation: 11~=
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t x g~vm; r°w C~~s~`t)t;Sinit +~t~nilir'.f!xr?r.~ Lr.~tl~!;j'~if~".1113W' :~I~l!!Ni
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We the undersigned members of the Tigard Community hereunto set our hands to show support
for this
PRC"'FICLAMATION
Say NO to Hate, YES to Unky
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Purpose
To discuss the of resource
• large picture protection
• Discuss the mayor components of the
current Goal 5 process program
seek input on the potential program
•
elements
e YTS- t ,7^...r. ,r
x , v
Pyi w t
What is Goal
® uraI resource protection
®rego
goal covers wide range of resources
- *Riparian corridors *wetlands
*wildlife habitat *scenic waterways
*groundwater resources *approved
Oregon recreation trails *Natural areas
*Wilderness areas *mineral and
aggregate resources *energy sources
*cultural areas
lilt
t
How does Tigard currently comply
with Goal 5?
• Tigard complied with all required Goal 5
elements except the wetland and riparian
corridor in 1983 by including inventories and
standards in the Comprehensive Plan.
• Met final local compliance requirement for Goal
5 in 1997
- Conducted inventory of wetlands and riparian
corridors
- Adopted "safe harbor" standards in lieu of conducting
ESEE analysis
r,
Ge
fesokoce
1
\N b~ r a
Is * a~
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uag ~ ate r ~an'~i u • e
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Plan
nt Code*.
~fog ~e~olopme
senswive Lands
. steep slopes
wetland
. Floodplaln
standards
CWS stream buffers
® Wetlan
ds, streams i 'Tree removal
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.htp} tt YF 1n fl ,l -;E.:iY1q'). ...r
potenvial
not
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ed
•
watersh e th e dari
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duct:jonaj ecaus boun B s,stnt approach
o~ luris con may
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rshed coordinated th
to protec"1011 f th
the qua ,,ty o
better ewate the
Protect te~ Mat t~nues to
resours con
WIdlife habnd p
Mgacted
be
-
Is the 9
vyllat
.
p r
r
rnents with
local govern ether
e of orki9 togn ®An alliance COuntl I w eseurce
lNas hingt • °t,ar vNith
Metro.- are more farn~ partners
on part rea iremen
13as uD
and state
. Ssues in this a to requ the
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o meet fed natural re that
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for p rotect • Kuala ra
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n
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re9~on n the
each ry
B sin
What 01 the Goal 5 process.
A ted
® Step 1-Corr
- Inventory natural resources and determine
which are significant for fish and wildlife
habitat.
® Step 2 _ ...,plet'Od
- conduct analysis
Identify conflicting uses and evaluate consequences
of allowing, limiting or prohibiting uses
® Balance economic, social, environmental and energy
needs (ESEE)
Map Allow/Limit/Prohibit areas
'at S ttle GOal 5 Proces
o4t he
t test t
tal
to pro
ronrnen
Step 3 Of am e env'
slop p rogr ces an v
Opro
oe\ d es®
ur ualatin 53sln es f°r
r he ,,urc at~
o f t
-
ealth w fund,ng t►on, regul
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h de ne educa .
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Coul rovemeats offjc4.
d etro
om~ iecte to M
capItai i n B assn e
u ocai -Vua el •icy
recomm
make pol
ouncjl'
y hNr th t ' rr. s' r T.1-- t t'
f y~47>I.. x`.x'y r
woo with
recut
MoSt C 01jance PytoC ess
Tg
Inventory habitat
.Tigard Wetlands and riparian
.On`Y inc,
uen 199b
,Conducted ife h areas
.Metro ~ streams °r
land wildl bom all wetlandsareas
.Includes up ~ foot buffers Wildlife habitat
5
.Includes 1
25 food buffers
lakes and from
ed on 202 data
.Inventory broad brush
Inventory
Z
LEGIBILITySTRIP owns=
- most recent
Comparlson vVitih o ~,d compliance Process
Analysis
• Ord process which meant
Ti9 safe 'harbor
Followed required.
ESEE analysis was
no Upland
Did not include . Tualat+n Basin at the EnergY~
analYsis lookin9 ental
. Extensive ic and Environm uses ►n
Econo►~ conf~~cting
Social, lowin9
consequences of al
resource area.
the inventoried
is the
analysis. uses
ESEE ct~ n g final In confl~ d
e
mapp ALP
f area ed or Pro'h
Pro"Ct s whet Should ~b. ~to
ang o 101 t
owed►
be all ill occur
ct,or, w
map) . *11 define how prote
on means
pro .
ram IN' Iirnit designation
n what a
a
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® Design NRcc with
~ted
4 Funding the v~s.
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be _..Y-f.. 1 35t-,3T'r (y _ Ir S~ "P 4 AS t 1 ..45i' >S ',A P.k` ~.y.
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In ~ Impact ibited nsitive is
Its®na` d pr°h ough Se
add - area y ted tw CW S
✓ 1N etlands - (ready l tod1re9u\ated by
odpoain a lim~ lated to
Buffers Fio - already regu
t not curren
b~ta apply to
vNild\jf. e ha at may
hand, ! 5 at1Ons th
e Up s ~;oa regal
addres are ex,stIng
- but there
ropertles rds
affected p aI Stan
. Tree remO\f standards
. Steep Slopes . .
g7ttlP
LEGB~LRY
Alolp map d?
do the act .r agar
"OW
~on$ e~c►p . ~ continue
St re9UlationS W~1
. EXis~in9 ► stricter U,a~ed may see
to aPp~~ot current~y re ~U~9h des~lgn
. Areas ula~.~on thr
neW Ceg dev
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Wenenl:5 acting d
a~~y IMP
elude n°n r 9 on an ~ or
potent'
Will ln e rode icurrently
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Which Cevnent in
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LEGIE~ILIT`! STRIP
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pirog
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Cal " opt
for la `St untary
'rechn s to ad
ndo~ ner
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p
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Incent7l%jeS
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encourage resource
ion
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ac~,oeve resource
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other ideas?-
:
1.
1
`6 .11 11
Yyv~V~y~ f ~ a, fir
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2
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city
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ent ga
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August 2004
-Basin Public Hearing
® December 2004
-Metro council Decision
®Sprin9 2005
- Basin Partners adopt ordinances to
implement
t~
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CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY 'OF TIGARD
TO: City Council
FROM: Jim Hendryx 11)4 4J
DATE: May 25, 2004
SUBJECT: White Paper Schedule
The purpose of this memo is to confirm Council's direction on the Bull Mountain subcommittee
schedule. The June 15, 2004 workshop meeting is primarily devoted to receiving the White
Papers from the Bull Mountain subcommittees. Council will receive public comments on the White
Papers at the June 22, 2004 business meeting. If necessary, a subsequent meeting could be held
to receive additional public comment prior to formal acceptance. The White Papers will be formally
accepted by resolution on July 13, 2004.
P
1
i"
i
I,
CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
TO: City Council
FROM: Jim Hendryx ,%111
DATE: May 25, 2004
SUBJECT: Downtown Task Force - Tualatin Tour
The Task Force is scheduled to tour Tualatin's downtown improvement effort on June 11, 2004.
Doug Rux, Community Development Director, will lead the tour, beginning at 4:00 p.m. at the
fountain at the Commons. Council members are invited to join the tour.
A subsequent tour is being arranged for the Task Force. Of interest are two urban renewal
projects associated with the Interstate light rail line (the Kenton neighborhood and the Mississippi
neighborhood). Both build on existing neighborhood character. Consideration is also being given
to a tour of Lake Oswego's downtown. Council will be updated once the schedule is finalized on
these latter tours.
Please consider joining the Task Force on any or all of these tours. Please let Jerree Gaynor
know if you would like to attend (jerree(a-)ci.tigard.or.us or 503-718-2447).
-F_o CU wv` Pagel of 2
Bill Monahan - Tigard City Council, Citizen Statement
From: "John Frewing" <jfrewing@teleport.com>
To: "Mayor MAYOR" <MAYOR@ci.tigard.or.us>
Date: 5/25/2004 5:08 PM
Subject: Tigard City Council, Citizen Statement
CC: "Bill Monahan" <bill@ci.tigard.or.us>, "Jim Hendryx" <jimh@ci.tigard.or.us>
Dear Mayor Dirksen:
I believe I will not be able to attend this evening's meeting in time to make a Citizen Statement, and by sending
this note, copy to Monahan and Hendryx, ask that you read it into the record.
From: John Frewing 7110 SW Lola Lane Tigard, OR
Dear City Council:
1 respectfully ask you to consider, deliberate as necessary and then direct your various commissions, boards and
committees which also serve Tigard to include in each of their agendas an opportunity for citizen input on issues
relating to the charge of the particular commission, board or committee.
My request stems from experience over the past several months, where I have had to interrupt a meeting (usually
near its end, where the agenda says 'other business' and ask if I can make a statement on the issue of the
evening as a citizen. On most occasions, the answer has been a pause, then a 'yes'. Last evening at the
Planning Commission, the answer was a quick 'no' from the chair, adding that this meeting was not a public
hearing. I had come prepared to answer questions raised at the meeting the prior week regarding Goal 5
inventories and policies. I had prepared a full size photo showing how, in a neighborhood adjacent to Tigard,
housing has been designed to retain trees and thereby protect upland resources (Goal 5). Of course I was
disappointed and will try again. 1 might have presented this information this evening but for my prior commitment
to make an academic award at Wilson High School on behalf of the Harvard Alumni Association.
Last evening was the public hearing before the Planning Commission on the 04-05 CIP. I testified, making most
of the following points:
e
1) There appear to be no criteria for approval or disapproval of the CIP. At the grossest level, one might try to tie
these projects to the comp plan or the vision statement. At a more detailed level, compliance with Tigard's
Community Development Code and its incorporated standards might be appropriate. I think Tigard should base
its capital expenditures on some rational basis rather than whatever Gus brings forth and whatever individuals
might think to add who are in a position superior to Gus.
2) 1 complained about the current practice of requiring developers to meet the TCDC with considerable strictness,
9 but having a public process for considering variances, adjustments and waivers of various sorts, while in the CIP,
there are gross violations of the TCDC and no public process for consideration of variances, adjustments and
waivers of various sorts. The Engineering Department seems to get to make up the rules as it goes along. I cited
two specific items on the CIP:
1
a) Mapleleaf Ave (NE Tigard) where a 25-foot pavement is to be added, although the minimim public streed width
in the Tigard Public Facility Improvement Standards is 28-feet.
b) Sidewalks on Hall Blvd (north of 99W) where no planter strip is being provided, no curb-outs are provided and
at least 7 significant obstructions will remain (see photo below at the flower shop on east side of Hall, opposite
Safeway). This sidewalk is indeed a necessary and desirable addition per the TSP and comp plan, but it should
be provided as a capital improvement, not as a'band-aid' which was how both the Plann Comm chair and Gus
agreed it is.
file://C:\Documents%20and%20Settings\Bill\Local%20Settings\Temp\GW)00008.HTM 5/25/2004
Page 2 of 2
3) 1 mentioned (previously to Gus in email) that within his place holder for sidewalk improvements, SW 72nd Ave,
extending north from Fred Meyer, should be considered. I noted a generic problem in planning for streets where
the city boundary is in the middle of the street and both governing entities are not eager to fix the street properly.
look forward to City Council consideration of the CIP on June 8 and ask that you provide my comments of last
night to other Council Members in advance.
Sincerely
John Frewing
[insert your message here]
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file://C:\Documents%20and%20Settings\Bill\Local%20Settings\Temp\GW)00008.HTM 5/25/2004
Ad mio. ! 4ons -
ROCKEY HIL WLTON
Proposal for Public Relations Services
for the
City of Tigard
Presented by
ROCKEY HIL&Ei WLTON
May 21, 2004
ROCKEY HILL & KNOWLTON 700 NE Multnomah T +1 (503) 248 9468
Suite 975 F +1 (503) 274 7689
Portland OR 97232 www.hillandknowlion.com/rockey
USA
situation., ® erview,
The City of Tigard is looking for assistance in crafting clear and concise messages
regarding the annexation of Bull Mountain. The messages will be delivered through
existing city communication resources.
A recent survey found that many residents of Tigard are unaware of, or do not fully
understand the implications of, the Bull Mountain annexation. However, when
provided with some basic facts, many residents expressed support for the
annexation.
The City of Tigard would like Rockey Hill & Knowlton help them ensure that
residents of Tigard - and of Bull Mountain - have the facts they need to make an
informed decision.
The City wants to undertake a public education effort prior to the city council hearing
on the annexation plan and the city council vote on placing the annexation issue on
the November 2004 ballot.
• •
Provide residents of the City of Tigard and Bull Mountain with information about
benefits of and reasons for annexation of Bull Mountain, so they can make an
informed decision about the issue.
R- 'commended ' • and Esfimat6d : •e-
Any successful messaging effort relies on two major components:
1. Creating consistent messages that resonate and build understanding; and
2. Delivering those messages via credible spokespeople and
communications vehicles
There are four critical components to creating messages that work. They are:
1. Identifying the target audience;
2. Developing messages that address issues the target audience cares
about;
3. Creating messages that are easy to understand; and
4. Creating messages that are concise.
ROCKEY HIL&MWLTON
Initial Discussion and Development of Fact Sheets
We recommend a one- to two-hour meeting between Rockey Hill & Knowlton and
the key team members of the City of Tigard. The purpose of the meeting will be to
discuss and agree upon the goals and audiences of communications efforts and to
review the communications vehicles available for those efforts.
Following this fact-finding session, Rockey Hill & Knowlton will develop:
• Key messages - tailored to specific audiences and communications vehicles;
• Fact sheets - to help build out the key messages with facts and figures; and
• Recommendations for using specific messages in specific communications
vehicles.
Through ongoing discussions with you, we will finalize the messages, fact sheets
and implementation recommendations.
We estimate the budget for this project to be approximately $1,000 - $1,500.
Message Training
While we are unsure of your budget parameters, we want to offer a message training
session as an option to complement the development of messages.
We recommend a message training session for those who will represent the City of
Tigard to the public and the media on the annexation issue, and who will have
responsibility for delivering the key messages to your audiences. This training will
help spokespeople:
• Understand how to deliver key messages powerfully and credibly;
Identify opportunities to deliver key messages outside of structured meetings or
interviews;
• Learn how to "bridge" back to key messages in presentations, conversations and
6 interviews; and
G
• Understand how the media works, why they work the way they do, and how to
successfully deliver key messages in media interviews
ii
i We usually recommend that no more than four to five people participate in a
session, and that the session last approximately four hours. Rockey Hilt & Knowlton
would also require some preparation time.
We estimate that the budget for a message training session for four to five
people would be approximately $2,000 - $2,500.
ROCKEY HIL&VWLTON
Sample.,Key -
Based on our initial evaluation of the material provided and our conversation earlier
this week, the following are some initial suggestions (this is by no means a complete
list of suggestions, it is merely a sampling):
Washington County has planned for, and supports, the annexation of Bull Mountain.
➢ Possible methods of getting this message out include:
• Create a link from the Washington County Web site to the Bull
Mountain section of the City of Tigard's Web site;
• Invite a representative of Washington County to participate in the
Focus on Tigard cable show and discuss the annexation and reasons
behind it;
• Widely distribute the letter from Washington County stating that they
are getting out of the urban services business, including posting it on
the Web site, on lobby and library displays and in all printed materials.
Whether or not Bull Mountain is annexed, the demand on parks and open spaces
will continue to grow as the population increases; annexation will allow for planning
that will protect our open spaces and parks.
The long-term benefits of annexation outweigh any incremental increase in the cost
of services Bull Mountain residents will incur in the short-term. Subsets of this
message might include messages about:
• Police services
• Parks - current and future
• Maintenance - streets, utilities, etc.
• Planning
Rockey Hill & Knowlton is eager to work with you on this issue. With that in mind,
we are very willing to adjust our scope of work for this project if our suggested
budget does not fit within your parameters.
ROCKEY HIL&MWLTON
AGENDA ITEM NO. - VISITOR'S AGENDA DATE : May 25, 2004
(Testimony limited to 2 minutes or less.)
w The Visitor's Agenda gives citizens the opportunity to address the Tigard City Council on any topic or issue.
w If you are interested in testifying on a "public hearing" item scheduled for tonight's meeting, please sign the public
hearing testimony sign-up sheet for that item.
NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED
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i~
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4
VISITOR'S AGENDA Page 1
3 I
AGENDA ITEM #
FOR AGENDA OF May 25, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Approval of Library Policies and Procedures
PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Tigard City Council to approve policies and procedures for the Tigard Library as recommended by the Tigard
Library Board.
STAFF RECOMMENDATION
Approve attached policies and procedures as recommended by the Tigard Library Board and as states in the Tigard
Municipal Code, Section 2.36.040.
INFORMATION SUMMARY
The Tigard Library Board reviews pertinent policies and procedures annually that relate to the operation of the
Tigard Public Library. As it states in the Tigard Municipal Code, Section 2.36.040 Board Responsibilities: To
recommend library policies as deemed desirable in the operation and utilization of library facilities to the Council.
The City Attorney has reviewed these documents and has no concerns or issues. The Library Board met on May
13, 2004 and unanimously approved the listed below policies. Attached to this summary is a draft copy of an
excerpt of the Board minutes relevant to this item. The Library Board is forwarding the following polices and
procedures to Council for their approval:
Community Room Use Policy
Exhibit and Display Policy
Library Use Guidelines
Study Room Use Policy
Unattended/Vulnerable Child Policy
OTHER ALTERNATIVES CONSIDERED
i
None.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None.
I.\Lib\City Council Agenda Summaries\AGENDA ITEM SUMMARY SHEET-May 25, 2004a.doc
ATTACHMENT LIST
A. Community Room Use Policy
B. Exhibit and Display Policy
C. Library Use Guidelines
D. Study Room Use Policy
E. UnattendedNulnerable Child Policy
F. Excerpt of May 13, 2004 Library Board Minutes
FISCAL NOTES
None.
I:%Lib\City Council Agenda Summaries\AGENDA ITEM SUMMARY SHEET-May 25, 2004a.doc
Tigard Public Library Attachment A
Adopted by the Tigard Library Board May 13, 2004
Room Use in the Tigard Public Library
13500 SW Hall Blvd, Tigard
Policies and Rental Procedures
Library Meeting Room Availability
The Community Room is available for rental Monday through Sunday, 8:00 a.m. to 10:00 p.m. The
Conference Room is available for rental during normal Library business hours. Please contact the City of
Tigard's Room Reservation Coordinator at 503-639-4171 to check room availability.
iAbout the' Rboms:
The Community Room is approximately 4,000 square feet and seats 160 people. Forty 2-person tables
and 160 chairs are provided and allow for flexibility in the room's set-up configuration.
The Community Room is suitable for conferences, meetings, classes and cultural programs. The
Community Room is equipped with a variety of amenities including a sound system, PowerPoint projector,
screens, TV with a VCR/DVD player and basic lighting system. Fabric wall coverings allow temporary
display space and can be used to facilitate meetings. A hard-surface "stage" floor at the front of the room
accommodates performances. The pantry allows users to provide food and beverage within policy
guidelines.
The Conference Room is approximately 400 square feet and seats 25 people. The room has a conference
table, 25 chairs, white board and projection screen. The room is suitable for meetings and classes that will
not be disruptive to other Library users.
• All reservations require submission of a Tigard Library Room Use Application.
• The minimum reservation period is two hours. Include time in your reservation request for both set-up
and clean-up.
• To meet deposit and rental fee guidelines all reservations must be made at least ten (10) business days
prior to the event.
• Reservation requests will be "tentatively" held for ten (10) business days from the date of the room use
request. After the ten (10) day period, tentative reservations will be released and the room made available
to others.
• To complete the reservation process, the application and rental fee must be submitted to the City within the
ten (10) day tentative reservation period.
• A $100.00 refundable security deposit is due ten (10) business days in advance of the rental date.
• Applicants must be 21 years of age or older.
The City reserves the right to assign a meeting to the room best suited for a user's needs. For example, a
meeting of 15 people will be assigned to a conference room rather than the Community Room.
a es
The rental rates shown are hourly rates. Fees charged will be based on 1/2 hour increments. Please see the
"Group Classifications" on page 2 to determine which fee category is applicable.
Pantry access includes: access to a microwave, refrigerator, dish washer, sink and counter space. The pantry
may be used as a staging area to serve food. Due to health code restrictions, food preparation is not allowed
within the facility.
. .
Comm'u'nity Room b
Room rental $25.00 $40.00 $50.00
Pantry rental $5.00 $5.00 $5.00
i
Tigard Public Library Attachment A
Adopted by the Tigard Library Board May 13, 2004
Equipment rental All groups $10.00 per item
1 Sound S tern with micro hone 2 PowerPoint roiector and screen 3 TV with VCR/DVD 4 Sta qe lighting
Conference RRoom Group 1
Room rental $5.00 $10.00 $15.00
Group-Classifications
The Library, other City business, and governmental agencies have priority room use. For the purpose of
scheduling all other events and determining fees, groups will be classified as shown below:
Group 1: Tigard Residents and Non-profit Organizations
For purposes of determining group classification, a resident is defined as:
• An individual who resides or owns property within the city limits of Tigard;
• A business whose office is located within the city limits of Tigard and the business has paid their current
business tax. Individuals who are employees of a business located within the city limits of Tigard, but do not
reside or own property within the city limits, are not considered Tigard residents.
Group 2: Profit Events by Tigard Residents
A profit event is defined as one that promotes a for-profit business. A profit event may include an event in
which an entrance fee is charged; or where merchandise is offered for sale; or where future business will be
solicited by a speaker or through literature available at the meeting.
Group 3: General Public
Individuals and profit organizations located outside of the city limits of Tigard.
The City's goal is to allow as many different groups as possible an opportunity to use the facilities. One time
room use may be reserved up to six months in advance of a function. Recurring room use may be reserved
up to one month in advance.
Deposit-
A refundable security deposit of $100.00 is required for all Community Room reservations. The deposit is
due a minimum of ten (10) business days in advance of the rental date.
The security deposit may be refunded under the following conditions:
1. The facility is clean and in good condition and the following has been done:
a. wood covered floors swept;
b. carpeted areas vacuumed;
c. all waste emptied into garbage containers;
d. tables and chairs cleaned and returned to the original set up;
If the pantry is used.
e. linoleum covered floors are swept and stains removed;
f. sink is clean and garbage disposal ran;
g. counter tops are wiped clean;
h. refrigerator is clean and empty; and
i. dishwasher is empty and outside wiped clean.
The City is unable to famish cleaning supplies, mops, brooms or vacuum cleaners. Please plan to bring
your own supplies.
2. The facility and equipment is left undamaged.
3. The room, and if appropriate, building is secured and the key and Checklist for Meeting Room Users are
turned in to the Police Department by the ending time indicated on the room user's room use application.
The room user may also be liable for:
1. Repair or replacement of equipment or facilities damaged during use.
2. Replacement of locks and keys, in the event keys are not returned.
3. Additional expenses incurred by the City to clean room(s) if not left in the same condition as found.
2
Tigard Public Library Attachment A
Adopted by the Tigard Library Board May 13, 2004
(May include shampooing carpets.)
The Administrative Services Manager will determine the amount of the security deposit to be refunded based on
the applicant's checklist, input from the City's maintenance department and input from Library personnel. If any
of the deposit is kept by the City, a listing of how the deposit was applied will be provided to the room user.
Deposits will be refunded within three weeks of the event or within three weeks of cleaning or repairs being
completed.
Miscellafieou~ Guidelines:
1. The person signing the room use application is required to be present at the event and is responsible for the
group's activities. The City requests that a second adult also be authorized, in the room use application, to
pick-up the building key from the Police Department. Police Staff can release the room key no more than
15 minutes prior to the reservation time.
2. Functions must not violate City of Tigard ordinances or state statute.
3. Smoking is prohibited within the Library and courtyard. Smoking is allowed in the plaza entry.
4. Use of candies or other flammable material is prohibited.
5. Materials may be attached to walls in designated tackable surfaces by T-pin or push-pin. Painted walls are
not designated areas.
6. Beverages are allowed, however, dark juices are not. (Dark juices are prohibited because stains are difficult
to remove from the carpet.)
7. Alcohol is not permitted in or on the premises of the Library.
8. Caterer carts are not to be taken through the lobby. A side entrance, by the pantry, is available for entering.
The room user must be present and is responsible for opening the door by the pantry for the caterer.
i6rations,& Patrons:.
Library will be open for business during most scheduled functions. User functions may not disrupt Library
activities or patrons. The Library Director or designee may terminate any function that is disruptive to the
Library's operations. If a group is asked to leave the building during a function, because of a failure to follow the
room use policies, the group's rental fee will not be refunded.
All groups or individuals using City rooms agree to take appropriate measures to protect, indemnify, and
defend the City, its elected and appointed officials and all employees against any and all claims as a result of
persons attending any function at the facility. This provision includes any expenses incurred by the City
defending any such claim. The City, its elected and appointed officials and all employees will not be held
responsible for any lost or stolen articles as a result of persons attending any function in the building.
Please submit cancellations, in writing, no less than 48 hours prior to the scheduled event. A $10.00 service
charge will be retained for each cancellation.
All efforts will be made to keep the room schedule intact; however, the City retains the right to cancel or relocate
a function upon fourteen days notice.
=4N divAP0IicatiiJn:::
The application, room rental fee, and security deposit may be mailed or delivered to the City of Tigard, 13125
! SW Hall Blvd., Tigard, OR 97223. Payment of the rental fee and security deposit may be made by cash,
check, Visa or MasterCard. Visa and MasterCard payments are accepted at the City Hall counter or in writing
by submitting the City's Credit Card Authorization form.
i
ff you have any questions, please contact the Room Reservation Coordinator at 503-639-4171.
Adopted by the Tigard Library Board May 13, 2004
3
Tigard Public Library Attachment B
Adopted by the Tigard Library Board May 13, 2004
Tigard Public Library Exhibit and Display Policy
The Tigard Public Library welcomes exhibits and displays. Exhibits and displays in the
Library offer a means for public expression by individuals and groups in the community
as well as enrich the Library by allowing it to serve in a community forum role. The
purpose of this policy is to provide fair and consistent standards for the use of exhibit
areas in the Library, thus ensuring appropriate use of these spaces in a manner that is
consistent with the library's other service objectives. The Library welcomes the use of
the display areas by the public, with priority given to the residents of Tigard in cases of
date conflicts.
The Tigard Public Library is committed to following guidelines for display set out in the
Library Bill of Rights written by the American Library Association. In particular, Article I
of the Library Bill of Rights states, "Materials should not be excluded because of the
origin, background, or views of those contributing to their creation." Article 11 of the
Library Bill of Rights states, "Materials should not be proscribed or removed because of
partisan or doctrinal disapproval." Article IV maintains that exhibit space should be
made available "on an equitable basis, regardless of the beliefs or affiliations of
individuals or groups requesting their use."
1. Display Policy and Purpose
A. The Library functions as an intellectual and cultural resource for the
community. Displays are a means through which the public can visually
share experiences, appreciate special interests, and exchange
information.
B. When not being used to promote library-related or City of Tigard activities
or services, display and exhibit spaces are available to community groups
engaged in educational, cultural, intellectual or charitable activities and will
be provided on an equitable basis to any such group which goes through
the application process. The library reserves the right to designate and
limit space, size, and location of displays or exhibits.
C. Exhibit areas are accessible on an equitable basis, regardless of the
beliefs or affiliations of individuals or groups requesting their use. Those
who object to or disagree with the content of any exhibit are entitled to
submit their own exhibit, which will be judged according to the policies
jestablished by the Library.
D. The Library will not act as an agent for the exhibitor. Artists are
encouraged to post a statement about their work, but price tags or the
posting of price lists are not permitted.
E. In general, the library does not accept commercial notices for any group
unless they have a special educational, informational, or cultural value to
the community. The library does not accept any materials being offered
for sale to the public unless the proceeds are intended to directly benefit
the library.
Tigard Public Library Attachment B
Adopted by the Tigard Library Board May 13, 2004
F. Display areas include but are not limited to:
1. Display cases in public areas of the Library
2. Designated wall spaces
No exhibits may be mounted by the public outside of the exhibit area defined in
this policy, as they may interfere with other library operations and public safety,
and present a cluttered appearance. For example, no exhibits or displays may
be mounted from columns or from the ceiling.
II. Display Guidelines
A. Displays are accepted at the sole discretion of the Staff Contact Person
and/or the Library Director. They should be designed as expressions of
culture, have educational value, and promote the use of the Library.
B. The Library has the right to review the materials before the exhibit is set
up. The library will not accept displays, exhibits, posters, etc. which are
judged either illegal, offensive or inappropriate for a public library setting
(i.e. one that is free and open to persons of all ages). The decision of the
Library Director may be appealed to the Tigard Library Board. The
decision of the Library Board may be appealed to the City Council.
C. Displays and exhibits will be accepted as long as they do not interfere with
the daily conduct of library business and as long as it is made clear that
the library does not necessarily endorse their contents or points of view.
Displays and exhibits will be approved and scheduled as space permits.
The sponsoring group or individual is responsible for creating the display,
setting it up according to schedule, and removing it before the next
scheduled display or exhibit.
D. The fact that an organization or person is permitted the use of a Library
exhibit area does not in any way constitute an endorsement by the Library
of their policies or beliefs and no claim to that effect may be used in
advertising.
Tigard Public Library Attachment B
Adopted by the Tigard Library Board May 13, 2004
Tigard Public Library Exhibit and Display Procedures
1. Display Procedures
A. Persons interested in using a display space at the Tigard Public
Library first need to fill out a "Display Application". This form can be
picked up at the Library Welcome desk or found on the Library
WEB site. A copy of the library's policy will accompany the
application for applicant's perusal.
B. Displays will be for a proscribed time with the owner supervising
installation and removal.
C. The City of Tigard (Library) will not be responsible for any damage
or theft that may occur during exhibitor transport, setup or removal
of exhibit.
D. Limited exhibit space should be taken into consideration when
making application to display works of art and craft.
E. The Library has five illuminated, lockable glass display cases, 2 in
the Library lobby and 3 in the Library proper. Exhibitors are
responsible for locking the cases after installation and dismantling,
and returning the keys to the Welcome Desk. These cases are
appropriate for the display of collectible items, jewelry, pottery,
book arts and so on.
F. All exhibit scheduling is coordinated by the Display Coordinator.
Library exhibit areas are available to the public on a first come, first
served basis, and are available to individuals and groups if the
Library has not previously scheduled the use of those exhibit
spaces. Library sponsored exhibits and displays will have priority.
G. It is not the intent of the Library to provide permanent or continuous
exhibit space to a specific individual or group. Up to two exhibits
may be scheduled at one time.
H. Reservations for exhibit areas may be made up to three months in
advance.
1. Exhibits normally are scheduled on a one month basis, from the
first day to the last day of each month.
J. Exhibit areas will be available only if a reservation application is
made in advance. Applications must be made in writing using the
Library's Exhibit Area Reservation Application. The Exhibit Area
Reservation Application may be obtained from the Welcome Desk.
K. Displays must conform to the space restrictions of the assigned
areas and be securely affixed to display surfaces.
II. Installation and Removal of Exhibits
A. Responsibility for setting up and dismantling exhibits lies with the
exhibitor. The exhibitor will supply all tools and other materials
needed for the exhibit.
Tigard Public Library Attachment B
Adopted by the Tigard Library Board May 13, 2004
B. Exhibitors are asked to be respectful of the multipurpose
community use of the Library; thus conversations and noise should
be kept to a minimum. Exhibits are to be installed with all
deliberate speed. Entrances and aisles may not be obstructed.
C. Exhibitors may not move any existing exhibit or library materials
during the installation of their exhibit.
D. Individuals or groups using the Library's exhibit spaces may not
install their work prior to the date on which their space reservation
begins. They may not mount their artwork in a manner that defaces
the space provided. Picture rails and a tackable surface are
provided in the Community Room for exhibits.
E. Damages to the premises, equipment, or furnishings as a result of
exhibitor use will be charged to the individual or group responsible.
The exhibitor or organization and its members, jointly and severally,
assume and shall bear full responsibility for loss of, or injury or
damage to, any property of the Tigard Public Library as shall be
caused or inflicted by the using individual or organization.
F. Groups and individuals using the exhibit areas are responsible for
basic clean up and returning the space to order.
G. It is appropriate for exhibit owners to visit the exhibit space in the
Library periodically during the time it is on display to assure that no
portions of the exhibit have fallen to the floor or have otherwise
become unkempt.
H. Each exhibitor will supply and display descriptive information to
describe the purpose, title, and ownership of the exhibit.
1. All displays shall be set up and removed on the assigned dates with
supervision by the Display Coordinator.
J. The Library does not have space for storage of the property of
exhibitors in the Library building; therefore, artists are asked to
deliver and pick up art work according to the dates established in
advance. Insurance covering the value of the exhibit will be the
responsibility of the displaying artist. The artist will sign a
disclaimer releasing the Library from all responsibility prior to the
display of the works. See attached Display Agreement.
III. Responsibility for Loss or Damage
A. Each approved exhibitor will supply a complete inventory of the
exhibit and the reasonable estimated value of each item.
B. Items on display in the library enjoy the same security as the library
collection and equipment; the glass display cases are locked, but
irreplaceable items or items of great value should not be included in
a display.
Tigard Public Library Attachment B
Adopted by the Tigard Library Board May 13, 2004
IV. Cancellation of Exhibits
The Library Director and Library Board reserve the right to cancel any exhibit
should conditions or situations, such as a unique exhibit opportunity or
unforeseen need, warrant such action. If an exhibit is canceled, the exhibitor will
have the right to display their exhibit again, for the full duration of the exhibit time
originally scheduled, at the earliest convenience of the exhibitor and the Library.
Adopted by the Tigard Library Board May 13, 2004.
1
Tigard Public Library Attachment C
Adopted by the Tigard Library Board May 13, 2004
LIBRARY USE GUIDELINES
The Tigard Public Library expects patrons of all ages to exercise social responsibility in
the use of the library. Appropriate behavior ensures that all customers are able to use
the public library for their information, education and entertainment needs. Please be
considerate of others as you use this library and observe the following guidelines:
• Treat other patrons and staff with courtesy and respect.
• Quiet conversation, please. Prolonged conversations, in person or by phone, are
allowed only in the study rooms, lobby or any other areas specifically designated for
such use.
• Children 10 years or younger shall not be left unattended by their responsible adult
guardian (ORS 163.545).
• Respect furnishings and equipment by using them appropriately.
• Respect other users' privacy.
• Food and drink are permitted as described in the Food and Beverage Policy.
• Food is permitted in the Courtyard, Entryway and Community Room.
• Drinks are permitted in unbreakable, spill-proof containers that have sip-through
lids.
• Water must be in unbreakable, screw-top bottles.
• Please use personal audio devices with headphones on low volume.
• Please park bicycles, skateboards, etc., outside.
• Patrons bringing cell phones or paging devices into the library must set them to the
silent or vibrating mode. Use of cell phones in the library is permitted if the use is
not loud.
Library staff members are required to speak to those who may need a reminder of these
guidelines. Our goal is to help everyone have an enjoyable, successful library visit.
Persons who violate certain provisions of State or local laws while on library premises
may be excluded from the premises, and/or have their library privileges revoked for up
to 90 days.
Adopted by the Tigard Library Board May 13, 2004.
Tigard Public Library Attachment D
Adopted by the Tigard Library Board May 13, 2004
STUDY ROOM USE POLICY
The Tigard Public Library provides three study rooms for use by individuals and
community non-profit groups. When not in use for library activities, the rooms are
available under the following guidelines approved by the Library Board, and the general
Library Use Guidelines. The Library Board neither approves nor disapproves of
content, topics, subject matter, or points of view of individuals or groups using the study
rooms.
Rules
• The rooms are available for non-profit, educational, or cultural groups of up to six
persons, or for individuals who wish to study.
• Rooms are available on a first-come, first-served basis.
• The rooms are available during the hours the library is open. Use of the rooms
must end at least 15 minutes prior to the library closing.
• Activities in the rooms must not be disruptive to others in the building.
• Activities occurring in rooms must not violate any City of Tigard ordinances or
state statutes.
• Rooms and furnishings must be left in their original condition.
Reservation Procedures
• Rooms must be reserved by sign-up at the main Reference Desk. Sign-ups may
be done in person or by telephone.
• Rooms may be reserved up to one week in advance.
• Maximum reservation time for groups or individuals is two hours a day.
• Reservations will be held for up to 15 minutes after the reservation beginning
time.
• Users must check-in at the Reference Desk before using a room. Rooms are
kept locked when not in use and can be opened only by library staff.
• Users are asked to sign-out at the Reference Desk when they have finished
using a room.
Tigard Public Library Attachment D
Adopted by the Tigard Library Board May 13, 2004
City Liability
All groups or individuals using the Library study rooms agree to take appropriate
measures to protect, indemnify, and defend the City, its elected and appointed
officials, and all employees against any and all claims as a result of persons
attending any function at the facility. This provision includes any expenses incurred
by the City defending any such claim. The City, its elected and appointed officials,
and all employees will not be held responsible for any lost or stolen articles as a
result of persons attending any function in the building.
User Liability
The City recognizes that a certain amount of wear will occur to the study rooms over
the course of normal use. However, in the event the above maintenance guidelines
are violated, the user will be liable for the following charges:
1. Repair or replacement of equipment or facilities damaged due to neglect,
vandalism or misuse.
2. Cleaning expenses incurred to clean up the room if not left in the same condition
as found.
Adopted by the Tigard Library Board May 13, 2004.
Tigard Public Library Attachment E
Adopted by the Tigard Library Board May 13, 2004
UNATTENDEDNULNERABLE CHILD POLICY
Tigard Public Library
One of the major missions of the Tigard Library is to nurture a love of reading and
exploration in children. Busy public buildings are not, however, always secure places
for children to be left alone. The library is a public place and staff is not responsible for
a child's safety in the absence of a parent, guardian or caregiver.
To ensure child safety:
• Children ages 10 and under must be accompanied by a parent, guardian or
caregiver age 15 or over at all times and in all areas of the Library and its
property except when participating in a Library sponsored program such as Story
Time.
• Children 10 years or younger shall not be left unattended by their responsible
adult guardian (ORS 163.545).
• If a child is left unattended for an extended period of time (any time over 30
minutes will be considered an extended time) and a parent, guardian or caregiver
cannot be contacted, Library staff may turn the child over to the Tigard Police to
ensure the child's safety.
• Failure to provide transportation for a minor left at the Library at closing time may
result in Library Staff turning the child over to the Tigard Police to ensure the
child's safety.
• Library staff may restrict adult use of the Children's areas in order to ensure the
adequate protection and safety of the children. '
Adopted by the Tigard Library Board May 13, 2004.
TIGARD LIBRARY BOARD
Excerpt from Minutes of
May 13, 2004 ADA?44ot1b
Call to Order: 7:03 p.m.
Roll Call: David Chapman, Marvin Diamond, Sue Kasson, Jane Smith and Suzan
Turley. Staff: Margaret Barnes and Connie Martin.
Minutes: It was moved by Diamond and seconded by Chapman to approve the minutes
of April 8, 2004. Motion passed unanimously.
Agenda Additions and Deletions: None.
Call to the Public: None.
Policies: The Board reviewed and discussed the policies reviewed by the City Attorney.
Smith moved to submit the policies as reviewed by the City Attorney to City Council for
final approval, seconded by Chapman. Motion passed unanimously. The policies
include The Community Room Use, Exhibit and Display, Library Use Guidelines, Study
Room Use and UnattendedNulnerable Child policies.
Adioumment: The meeting adjourned at 8:16 p.m.
Next meeting is scheduled for June 10, 2004 in the Red Rock Creek Conference Room
at City Hall.
3 i cL
AGENDA ITEM #
FOR AGENDA OF May 25, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Ratify Employment Agreement With City Manager
PREPARED BY: William A. Monahan DEPT HEAD OK 14,4efj2`-CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City council ratify the existing Employment Agreement with the City Manager that has a term from
May 16, 2002 through May 15, 2006
STAFF RECOMMENDATION
City Council should determine if the Employment Agreement should be ratified.
INFORMATION SUMMARY
On May 14, 2002, the City Council entered into a revised Employment Agreement with the City Manager with a
term of four years. Two years remain before the agreement expires. Since the agreement was signed, the
membership of the City Council has changed due to elections and filling of a council vacancy. As a result, the City
Manager has requested that the City Council ratify the agreement and the terms therein. Council has discussed the
request and indicated a desire to ratify the agreement.
OTHER ALTERNATIVES CONSIDERED
Take no action.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
NA
ATTACHMENT LIST
Employment Agreement approved at the May 14, 2002 City Council meeting, signed by late Mayor James E.
Griffith.
FISCAL NOTES
Ratification of the Agreement has no fiscal impact.
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT is made and entered into this 14th day of May,
2002, by and between the CITY OF TIGARD, OREGON ("CITY") and WILLIAM A.
MONAHAN ("EMPLOYEE").
RECITALS
A. EMPLOYEE has been employed as the City Manager of CITY since November
15, 1994, and had previously worked for the City in other capacities from August
2, 1982 to January 31, 1988 and from August 1, 1994 to November 14, 1994.
B. The current written employment agreement between CITY and EMPLOYEE will
expire soon and CITY and EMPLOYEE desire a written agreement setting forth
the terms by which EMPLOYEE will continue to serve as City Manager.
C. The written employment agreement is intended to create a professional and
business-like relationship serving as a basis for effective communication and as a
means for avoiding misunderstanding.
D. By not having to worry about personal finances or family security, the
EMPLOYEE can effectively concentrate on the CITY'S business;
THEREFORE, in consideration of the mutual covenants contained in this Agreement and
for the consideration specified in this Agreement, the CITY and EMPLOYEE mutually agree:
SECTION 1- EMPLOYMENT, DUTIES AND AUTHORITY:
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGEI
A. EMPLOYEE shalt continue to serve the CITY as City Manager under the terms
specified in this Agreement. EMPLOYEE'S prior service as specified in Recital A shall be
recognized in CITY records to establish EMPLOYEE'S years of service for length of service
only.
B. The authority of EMPLOYEE, consistent with State law, City Charter or
ordinance, shall include, but not be limited to the following:
(1) The overall management, administration, and direction of City operations;
(2) The hiring, disciplining, and firing of all City employees, except
Municipal Judge and City Attorney;
(3) The negotiation, execution and administration of City contracts within
budget appropriations pursuant to City policy and ordinance; and
(4) Policy advice to elected officials, and open communication with the
community so as to foster responsive and courteous public service.
Any reduction or revocation of either the duties or authority, except by mutual written agreement
to the contrary, shall constitute a breach of this Agreement. In the event of such a breach,
EMPLOYEE may provide written notice requesting compliance with the Agreement as provided
in Section 3.D.
C. The Mayor and Council of the CITY agree to the principle of non-interference in
the administration as necessary to the orderly and efficient implementation of Council Policy.
The Mayor and Council agree to direct their concerns and communications to the administration
through the City Manager. EMPLOYEE agrees to respond promptly to all inquiries from the
Council whether made individually or collectively.
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE2
SECTION 2;- TERM:
The term of this Agreement begins on May 16, 2002. This Agreement shall continue in effect
until May 15, 2006 unless terminated as provided for in Section 3.
A. Nothing in the Agreement shall prevent, limit, or otherwise interfere with the right
of the City Council to terminate the services of Employee at any time, subject only to the
provisions set forth in this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the EMPLOYEE to resign at any time from his position with the CITY, subject only to the
provisions set forth in this Agreement.
C. EMPLOYEE agrees to remain in the exclusive employ of the CITY during the
term of this Agreement, and agrees neither to accept employment, nor to become employed by
any other employer until said contract termination date, unless said termination is effected as
hereinafter provided. The term "employed" shall not be construed to include occasional teaching
or consulting on the EMPLOYEE'S time off, which shall be at the EMPLOYEE'S discretion •
upon advisement to the Mayor.
SECTION 3- TERMINATION AND SEVERANCE:
A. Termination Without Cause. This Agreement may be terminated by either the
CITY or EMPLOYEE for any reason whatsoever upon the giving of sixty (60) days' written
notice to the other party. In the event EMPLOYEE is involuntarily terminated without cause by
the City Council before expiration of the term of this Agreement and during such time as the
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE3
EMPLOYEE is willing and able to perform the assigned duties, the CITY shall pay EMPLOYEE
on a monthly basis at the EMPLOYEE'S highest rate of base salary during his term of CITY
employment, for a six (6) month period following the termination date. The CITY's obligation
to pay EMPLOYEE severance pay shall cease if and when EMPLOYEE accepts employment
with another City, or another employer, including self-employment, provided, however that
CITY shall pay a pro-rated share of the monthly severance pay until the date EMPLOYEE
accepts other employment, including self-employment. The EMPLOYEE has an affirmative
obligation to notify the City upon acceptance of employment.
B. Termination For Cause. This Agreement may be terminated immediately for
cause in the sole discretion of the City upon the occurrence of any of the following events:
(1) EMPLOYEE willfully and continuously fails or refuses to comply with
the policies, standards, and regulations of the CITY as are, from time to time, established;
(2) EMPLOYEE commits an act of fraud, dishonesty, misappropriation of
funds, embezzlement, or other misconduct in the rendering of services on behalf of the
CITY;
(3) EMPLOYEE fails or refuses to perform faithfully or diligently any of the
provisions of this Agreement;
(4) EMPLOYEE is unfit for the position per Federal, State and City rules and
regulations applicable to all employees in a For-Cause Termination.
If EMPLOYEE is terminated for cause or convicted of any illegal act involving personal
gain to him, CITY shall not pay any severance pay to EMPLOYEE.
C. Acts Constituting Involuntary Termination. If the CITY reduces the salary or
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE4
other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-
board reduction for all management employees of the City, or if the CITY refuses to comply
with the terns of this Agreement following written notice requesting compliance, or if
EMPLOYEE resigns following suggestion at a public meeting, whether formal or informal, by a
majority of the City Council that he resign, then EMPLOYEE may, at his option, deem the
Agreement to be involuntarily terminated without cause at the date of such reduction or refusal
to comply with the provisions of this Agreement, and the severance pay provision under
Paragraph A of this section apply.
D. Accrued Vacation on Termination. Termination or resignation in good standing
shall entitle EMPLOYEE to a lump sum payment equivalent to all accrued vacation and other
entitlement benefits, except that in no event will these benefits exceed similar benefits accorded
other management employees.
E. Notice of Resignation. If EMPLOYEE voluntarily resigns his position with the
CITY before expiration of this Agreement, EMPLOYEE shall give the CITY at least sixty (60)
days' written notice, excluding use of accrued vacation, and EMPLOYEE shall be present to
serve during the 60 day period. After the EMPLOYEE has given notice, the CITY and
EMPLOYEE may agree to a termination date other than that set forth in the notice of
resignation.
SECTION 4- SALARY, HOURS OF WORK, VACATION AND SICK LEAVE:
A. Salary. The CITY agrees to pay the EMPLOYEE for his services in an amount set
by the City Council, payable in the same installments and in the same manner as other
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE5
management employees are paid. The City Council may conduct performance evaluations of
EMPLOYEE as often as the Council deems appropriate and as provided in Section 7 of this
Agreement. The City Council shall review EMPLOYEE annually during the month of April and
may provide an increase in salary based on merit based on that review. The City Council may
award a merit bonus, as it deems appropriate, with a cap of five (5) percent of EMPLOYEE'S
gross wage over the term of this Agreement. Effective May 15, 2002, EMPLOYEE shall be paid
$8,943 per month.
B. Cost-of-Living Adjustments: EMPLOYEE shall receive future cost-of-living
allowances in the same percentage and on the same effective date as other City management
employees.
C. Hours of Work: Because the EMPLOYEE will devote a great deal of time outside
normal office hours to the business of the CITY, and because flexibility in hours worked and
work schedule benefit both the CITY and EMPLOYEE, the EMPLOYEE has sole discretion as
to his work schedule and hours worked.
D. Vacation: The CITY grants the EMPLOYEE vacation benefits at the rate of
accrual for an employee with 21 years of service as of May 15, 2002. EMPLOYEE is subject to
the same accrual limits as other management employees, to be used as he deems appropriate.
E. Sick Leave: EMPLOYEE shall be entitled to continue to earn and accrue sick
leave benefits on the same terms as other management City employees and that such additional
sick leave shall be added to the sick leave accrued by EMPLOYEE as of the effective date of this
Agreement. EMPLOYEE shall not be eligible to receive any cash or retirement credit for unused
sick leave, even if a benefit allowing the cashing out of unused sick leave, the application of
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE6
unused sick leave to retirement benefit, or for any other purpose (other than use of the benefit for
approved leave) is made available to other City management employees.
F. Management Leave: EMPLOYEE shall receive a total of five (5) days
management leave per fiscal year, to be taken consistent with city personnel policies as applied
to management employees. The management leave must be taken by June 30 of each fiscal year
and does not accrue into subsequent fiscal years.
G. Payroll Reporting: EMPLOYEE shall be on straight salary as per this section of
the Agreement and shall be paid automatically by the CITY as per this Agreement. Any
vacation or sick leave used shall be reported to the CITY in the same manner as for other CITY
employees.
SECTION 5- RETIREMENT, DISABILITY AND HEALTH INSURANCE:
A. Retirement: The CITY agrees to contribute into the CITY'S retirement program,
on EMPLOYEE'S behalf, an amount equal to that same percentage of salary contributed for the
CITY'S other management employees. EMPLOYEE and CITY agree that any future adjustment
to the retirement benefits of management personnel will apply equally to EMPLOYEE at the
same rate of adjustment, effective date, and adjustment to salary. EMPLOYEE is eligible for
City contribution to his ICMA deferred compensation account on the same terms provided to
other City management employees.
B. Health Insurance: The CITY agrees to provide a comprehensive annual physical
for EMPLOYEE. The CITY agrees to continue to provide coverage and make full premium
payment for EMPLOYEE and his dependants for comprehensive medical Blue Cross Plan II and
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 7
dental plans equivalent to other programs provided other regular management employees.
C. Life Insurance: CITY will purchase a Life Insurance Policy, the cost of which
shall not exceed $1,000 per year, on EMPLOYEE'S behalf, for a beneficiary to be named by
EMPLOYEE. EMPLOYEE has the right to retain such policy at EMPLOYEE'S expense,
subsequent to tenure as a CITY employee. EMPLOYEE shall have the option of purchasing
Term or Universal Life Insurance. EMPLOYEE may either have the CITY pay the policy
provider directly or compensate EMPLOYEE for the cost of EMPLOYEE's purchasing the Life
Insurance Policy.
SECTION 6 - PROFESSIONAL DEVELOPMENT AND EXPENSES:
A. The CITY encourages the professional growth and development of the
EMPLOYEE and encourages participation as be deems appropriate in professional associations,
short courses, seminars and conferences including, but not limited to: the International City
Management Association and the American Planning Association and their annual conferences,
and the League of Oregon Cities Conference. The CITY shall.permit a reasonable amount of
time for EMPLOYEE to attend and the CITY shall pay for the direct costs necessary for travel,
subsistence and registration subject to reasonable availability of funds and as approved in the
annual budget.
B. The CITY shall provide $300 per month vehicle allowance to EMPLOYEE who
shall provide his own vehicle, insurance, operation, and maintenance. EMPLOYEE shall provide
for oil and gasoline within the Portland metro area. CITY shall reimburse for gasoline expenses
on City business outside the Portland Metro area.
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE8
C. The CITY recognizes that certain expenses of a job-affiliated nature are incurred
by EMPLOYEE on behalf of the CITY and hereby agrees to reimburse or pay said general
expenses on a monthly reimbursement basis, and the CITY shall disburse such moneys per
receipts or personal affidavits. Any civic service club memberships taken out at CITY expense
shall be upon the approval of the Mayor.
SECTION 7 - ANNUAL GOAL-SETTING AND PERFORMANCE EVALUATION:
The Mayor and individual members of the Council shall be encouraged to periodically
identify any concerns to the EMPLOYEE by either informal discussions with the EMPLOYEE
or by more formal means during Council meetings. The Council shall meet with the
EMPLOYEE at least annually for the purpose of setting Council goals and priorities. The
Council and the EMPLOYEE shall meet at least annually to evaluate and assess the performance
of the EMPLOYEE in meeting or progressing towards the goals formally adopted by Council as
well as the exercise of authority granted in Section I of this Agreement. These annual
evaluations shall be in closed Executive Sessions and shall be conducted during the month of
April.
In the event the CITY determines that the performance of the EMPLOYEE is
unsatisfactory in any respect or needs significant improvement in any area, the CITY shall
describe these concerns in writing and in reasonable detail or with specific examples so as to be
objective and positive in nature. As provided in Section 4 of this Agreement, the EMPLOYEE'S
salary shall be reviewed at least annually after the performance evaluation.
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE9
SECTION 8 - GENERAL PROVISIONS:
A. Professional Liability: The CITY agrees to defend, hold harmless, and indemnify
the EMPLOYEE from any and all demands, claims, suits, actions, and legal proceedings brought
against EMPLOYEE in his individual capacity, or in his official capacity as agent and
EMPLOYEE of the CITY, as to any actions of EMPLOYEE within the scope of his
employment. The CITY agrees to pay premiums on appropriate insurance policies through the
CITY'S normal insurance program and through the Public Officials' Liability Insurance Program
of the International City Management Association.
B. Other Terms and Conditions of employment may be determined by the CITY
relating to'the duties and performance of the EMPLOYEE, provided that such terms and
conditions are not inconsistent with the provisions of this Agreement, the City Charter, or any
other law. EMPLOYEE shall receive benefits equal to those provided to other City Management
employees, except where specifically addressed in this Agreement. Nothing shall restrict the
ability of the CITY and EMPLOYEE to mutually, and in writing, amend or adjust the terms of
the Agreement. EMPLOYEE reserves the right to discuss the terms or termination of this
Agreement with the Council as a whole or in either closed Executive Session or open Regular
Session as State Law allows and as the EMPLOYEE deems appropriate.
C. Except as otherwise specifically provided by this Agreement, the EMPLOYEE
shall be entitled to receive the same salary, compensation, vacation, sick leave, and other benefits
.as accorded any other management City employee, including provisions governing accrual and
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 10
payment therefor on termination of employment. All provisions of the City Charter and other
City programs relating to employee benefits and working conditions as they now exist, or as
amended, shall also apply to the EMPLOYEE as to other unclassified employees, and are in
addition to any benefits to the EMPLOYEE specifically identified in this Agreement.
D. The EMPLOYEE is required to maintain residence in the City in accordance with
City Code requirements. Temporary relocation circumstances may be approved by the Mayor
and Council consent.
E. The text herein shall constitute the entire agreement between the parties and any
oral or other understandings are not binding upon the parties, unless specifically amended in
writing by mutual agreement. This Agreement shall be binding and inure to the benefit of the
heirs at law and executors of EMPLOYEE.
F. Severability: If any provision, or portion thereof, contained in this Agreement is
held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable and shall not be affected, and shall remain in full force and
effect.
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EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE I I
IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this
Agreement to be signed and executed and the EMPLOYEE has signed and executed this
Agreement, both in duplicate, on the date first written above.
William A. Monahan, City Employee
ayor W-ity f Ti
11
ATTEST: City Recorder PROVED A TO FORM
City Attorney
GAmunl\Tlgard\monahan employment agreement rev 2002.wpd
I:WDMIBILLIMONAHAN EMPLOYMENT AGREEMENT REV 2002.DOC
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 12
AGENDA ITEM # 3. ~J
FOR AGENDA OF May 25, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Amendment to the intergovernmental agreement with Washington County for the
improvement of Walnut Street through the Major Streets Improvement Program
Aro
PREPARED BY: G. Berry DEPT HEAD OK CITY MGR OK fit A*c-'
ISSUE BEFORE THE COUNCIL
Shall the City Council approve the attached amendment to the intergovernmental agreement with Washington
County for the improvement of Walnut Street between SW 121St and 135th?
STAFF RECOMMENDATION
Staff recommends that the City Council, by motion, approve the attached amendment to the intergovernmental
agreement and transmit the approved amendment to the Washington County Board of Commissioners for their
action.
INFORMATION SUN04ARY
On February 10, 2004, City Council approved an agreement with Washington County for the improvement of
Walnut Street through the Major Streets Transportation Improvement Program. Through the agreement,
Washington County will improve Walnut Street between SW 121St and 135th The City has agreed to pay for
improvements to the water system, installation of sewers, a pavement overlay and undergrounding of overhead
utilities.
The project is currently being designed by a County-hired consultant. During design, a need was found to use Fern
Street between SW 135th and 138 as a detour route. However, Fern Street is unimproved and is not adequate to
safely accommodate the expected traffic volume. The proposed amendment would authorize Washington County
to include the required improvements to Fern Street into the Walnut Street project.
In addition to the required street improvements, the proposed work includes a sanitary sewer that will serve seven
lots along Fern Street. The City Council will be requested to form a sewer reimbursement district for these lots as
proposed in the current Neighborhood Sewer Extension Program schedule of projects.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The improvements proposed for Fern Street meet the Tigard Beyond Tomorrow goals oflmprove Traffic Safety
and Improve traffrc Flow.
ATTACHMENT LIST
Proposed Amendment
Project Location Map
FISCAL NOTES
The costs for these improvements are estimated to be $37,700 for design and $114,900 for construction. The
project is included in the FY 2004-05 Capital Improvement Program and is funded by the State Gas Fund,
Street Maintenance Fee and the Sewer Fund.
moV2003.2W4 H dpN#*O s"d - pNm (by v"ftY xxU padial- W amard%5.25-01 qa wrwd ab.docS
AMENDMENT TO AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON
COUNTY FOR THE SW WALNUT STREET IMPROVEMENT:
SW 121" AVENUE TO SW 1351h AVENUE PROJECT
The Intergovernmental Agreement (IGA) with Washington County dated February 24, 2004, is
hereby amended to add road and safety improvements to SW Fern Street between SW 135`h and SW
138`h Avenues as part of the larger road improvement project. These Fern Street improvements
consist of widening the existing road, installation of extruded curbs, new pavement, storm and
sanitary sewer. The City has agreed to pay for the additional design, easement acquisition, if any,
and construction costs related to the improvements on this section of SW Fern Street through the
current IGA. The costs for these improvements are estimated to be $37,695 for design and
$114,936 for construction.
This Amendment identifies the increase in project scope and associated costs due to the proposed
improvements for SW Fern Street between SW 135`h and SW 138`' Avenues and modifies the
original IGA accordingly.
CITY OF TIGARD
Mayor
Date:
ATTEST:
City Recorder
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INTERGOVERNMENTAL AGREEMENT
MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM
FOR ROADWAY IMPROVEMENTS TO:
SW WALNUT STREET: SW 121St AVENUE to SW 135th AVENUE
CITY OF TIGARD
AMENDMENT NO. 1
THIS AMENDMENT modifies the Agreement dated February 24, 2004, between
WASHINGTON COUNTY, acting by and through its Elected Officials, hereinafter referred
to as "COUNTY"; and the CITY OF TIGARD, acting by and through its City Council,
hereinafter referred to as "CITY."
WITNESSETH
ARTICLE 7 - RECITALS
WHEREAS, the COUNTY and CITY have determined that because of the Rroposed
closure of SW Walnut Lane at the intersection of SW Walnut Street and SW 135 Avenue,
SW Fern Street, from SW 135th to SW 138"', will receive an increase in traffic volumes as
residents will be diverted to use SW Fern Street for access purposes because of the
closure of SW Walnut Lane; and
WHEREAS, the COUNTY and CITY have determined that SW Fern Street, from SW 135th
to SW 138th, is deficient to safely handle the projected increase in traffic volume in its
current state; and
WHEREAS, the COUNTY and CITY have determined that safety and road improvements
consisting of widening, new pavement, extruded curbs, storm and sanitary sewer
modifications, herein after referred to as "Fern Street Improvements", should be
undertaken; and
WHEREAS, the COUNTY and CITY have agreed to include these road and safety
improvements as part of the SW Walnut Street Improvement Project, and both parties
desire to modify the original Agreement to include this increase in scope and costs, and
CITY agrees to pay for such improvement work that is further described and shown on
attached Exhibit A.
NOW, THEREFORE, in consideration of the premises and of the covenants and
agreements to be kept and performed by the parties hereto, it is agreed that the original
agreement is hereby amended as follows:
ARTICLE 2 - WASHINGTON COUNTY OBLIGATIONS
1. COUNTY shall perform, or cause to be performed, all actions necessary for the design
and construction of the Fern Street Improvements as part of PROJECT.
2. COUNTY shall review the Fern Street Improvements plans, bid items, quantities and
technical specifications and incorporate the Fern Street Improvements as specific bid
items into the bid documents for the PROJECT.
3. COUNTY shall, following the bid opening, notify the CITY of the amount of the
construction cost of the Fern Street Improvements as contained in the bid and provide
CITY the opportunity for review of the contract bid proposal prior to contract award.
ARTICLE 3 - CITY OF TIGARD OBLIGATIONS
1. CITY shall provide all inspection and testing of the Fern Street Improvements in
coordination with the COUNTY.
ARTICLE 4 - COMPENSATION
1. DESIGN: As design work upon the PROJECT, including the Fern Street Improvements,
is performed, County shall, on a quarterly basis, prepare and submit design invoices to
CITY for the cost of the work for Fern Street Improvements. Estimated design costs
are $37,695.
Notwithstanding, the estimate of the costs shown above, the CITY shall reimburse the
COUNTY for the actual amount of its cost incurred for the design of the Fern Street
Improvements.
2. CONSTRUCTION: As construction work upon the PROJECT is performed,
COUNTY shall, on a quarterly basis, prepare and submit construction invoices to the
CITY for the construction of the Fern Street Improvements. Estimated construction
costs for the Fern Street Improvements are $144,900, not including overlay, which is
estimated at $5,500.
In addition to the Fern Street Improvements bid items, the CITY shall also pay
COUNTY for any easement acquisition cost associated with the Fern Street
Improvements, an allocated share of the costs of applicable lump sum contract
items (i.e. mobilization, erosion control), extra work required for the Fern Street
Improvements and non-construction costs. Non-construction costs include the cost
of COUNTY services including project management and surveying which shall be
calculated at a flat rate of five percent (5%) of the Fern Street Improvements
-2-
ARTICLE 5 - PROJECT DEFINITION AND SCOPE
2. SCOPE: The scope of improvements associated with the PROJECT and
described in the original Agreement shall remain unchanged, but
include:
A) CITY desired elements for improvements to SW Fern Street,
from SW 135' to SW 138' Avenues, including road
widening, new pavement, extruded curbs, storm and
sanitary sewer modifications.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and
year hereinafter written.
DONE AND DATED this day of , 2004.
CITY OF TIGARD WASHINGTON COUNTY, OREGON
Mayor Chair
Date: Date:
ATTEST:
City Recorder Recording Secretary
APPROVED AS TO FORM:
Loretta S. Skurdahl
Senior Assistant County Counsel
-3-
AGENDA ITEM # CL,
FOR AGENDA OF May 25, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award of Contract for the Construction of Fanno Creek Bank Stabilization
PREPARED BY:_ Vannie NP _uyenEPT HEAD OK: Agustin P. Duenas CITY MGR OK: Bill MoWiatian
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve the contract award for the construction of Fanno Creek Bank
Stabilization?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve the contract award to PCR, Inc. in
the amount of $37,255.00.
INFORMATION SUMMARY
Fanno Creek by Arthur Court is located at the base of an approximately 10-foot steep slope up to a paved pathway.
The creek bank has developed a serious erosion problem and has eroded away into Fanno Creek in the last few
years. Due to lack of support from the bank, the pathway has developed visible shear cracks on the asphalt surface
and some pavement materials have begun to slide down the slope. The Public Works Department has installed a
barricade at the top of bank as a temporary safety measure for the public.
Proposed improvements for Fanno Creek bank that avoid impacts to the waterway and wetland include installation
of vinyl sheet piling at approximately 7 feet from the existing pathway to protect the bank from further erosion and
to stabilize the path. The piling is held in place with horizontal tie rods and pipe anchors. Gravel will be placed
between the proposed piling and the pathway and a handrail will be installed to protect bicyclists and pedestrians
while using the path. The toe of bank will also be stabilized by placement of vegetated backfill materials which
include layers of willow cuttings and native soil wrapped in coir fabric.
In addition to stabilizing the creek bank, the proposed project is necessary for public safety reasons since the
pathway would become increasingly dangerous to use as the creek bank continues to deteriorate.
The project was advertised for bids on April 26 and April 29, 2004 in the Daily Journal of Commerce and Tigard
Times respectively. The bid opening was conducted on May 10, 2004 and the bid results are:
Andersen Pacific Contractors Ridgefield, WA $57,366.00
Brant Construction Vancouver, WA $56,467.00
PCR, Inc. Beavercreek, OR $37,255.00
Engineer's Estimate $41,200
Based on the bids submitted, the lowest responsive bid of $37,255.00 submitted by PCR, Inc. appears to be
reasonable. Staff recommends approval of the contract award to this qualified lowest bidder.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMMEE STRATEGY
None
ATTACHMENT LIST
Project location map
FISCAL NOTES
This project is funded from the Storm Sewer Fund under the FY2003-04 Storm Drainage Major Maintenance
Program in the amount of $80,000. This amount is sufficient to award the contract of $37,255.00 to PCR, Inc.
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AGENDA ITEM # 1
FOR AGENDA OF 5/25/2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Tigard Municipal Court Annual Report
PREPARED BY: Judge O'Brien & N. Robinsoni" DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Judge Michael O'Brien and Nadine Robinson, Administrative Services Manager, will provide an update on the
status of the Municipal Court. The report and presentation will address the court's current programs and caseload.
STAFF RECOMMENDATION
No action required.
INFORMATION SUMMARY
This is the court's fifth annual report to City Council. The court continues its primary goal of promoting public
safety and community values by implementing state and municipal laws in a fair, efficient and professional manner.
During the 2003 calendar year, the court's caseload increased by 11% to 8,250 cases, making it the busiest year
in the court's history. The Police Department cited 7,504 traffic citations, 274 parking cites, and 115
misdemeanor/status offense cases into municipal court. The Code Enforcement Officer cited an additional 357
civil infractions cases into court.
As a result of 2003 legislation, judges have been given limited discretion in reducing fines for most traffic
offenses. Previously judges could reduce fines up to 50%. With the change in legislation the maximum
reduction is now 25%. The increases in the traffic fines per violation and caseload have had a major impact on
court revenues. This past calendar year, the court imposed fines and penalties totaling $832,264 (including the
assessments which are paid to the state and county.) This is an increase of more than 25% over the previous
year. The court continues to utilize the suspension of driving privileges and assistance of collection agencies to
maximize efforts to collect these penalties.
Perhaps due to the large increase in base fines, there has been an increase in the percentage of traffic cases
going to trial. Since September, approximately 14% of traffic citations have produced "not guilty" pleas; an
increase of 3% over last year. By contrast, only three of approximately 200 juvenile criminal cases processed
by the court have resulted in a "not guilty" plea.
To accommodate the growing traffic caseload, juvenile hearings, civil first appearances and trials, the actual hours
spent in court have increased. The judge's hours have increased significantly this fiscal year; we are estimating by
20%. However, court staffing levels have remained the same. Court has been able to maintain the staffing level by
i streamlining the juvenile process, obtaining assistance with filing and extending the time lines for completing less
time sensitive processes.
i
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Memorandum
Summary of Court Policies
Chart 1: Total Caseload by Calendar Year
Chart 2: Top 10 Traffic Cases by Offense
Chart 3: Juvenile Cases by Offense
FISCAL NOTES
Funds are budgeted for the current programs.
t
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ANNUAL REPORT TO CITY COUNCIL
Tigard Municipal Court
May 11, 2004
TO: Honorable Mayor and City Council
Bill Monahan, City Manager
FROM: Michael J. O'Brien, Presiding Judge
Nadine Robinson, Court Manager
SUBJECT: 2004 Annual Report from Tigard Municipal Court
We appreciate the opportunity to meet with Council and the City Manager for our fifth
annual review of Municipal Court operations. The highlights of the last year are presented below
and in the attached graphs and Summary of Court Policies. As always, we are happy to answer
any questions you may have.
1. Legislative changes: Changes in Oregon law resulting from the 2003 legislative
session have had a large impact on court operations. Most notably, maximum and minimum fines
for criminal and traffic offenses increased substantially last September. For example, the base fine
for class B violations (most commonly "failure to obey a traffic control device") increased from
$185 to $237, while the maximum fine for that class of violation increased by 20%. The
legislature also increased the state's Unitary Assessment (UA) from $35 to $37. The UA must be
added to every traffic and criminal fine imposed by Oregon courts. During the 2003 calendar year,
the court remitted $187,508 in UA's to the Oregon Department of Revenue.
In September, the court adjusted its base fine schedule to reflect these changes. New
legislation also amended existing laws relating to pedestrians, school zones and speeding
violations.
2. Caseload: During the 2003 calendar year, the court's caseload increased by 11% to
8,250 cases, making it by far the busiest year in the court's history. This increase affected our
traffic, juvenile and civil-infraction programs, as indicated in the attached Chart 1. To make
comparisons more useful, data reflects caseloads for the 2000-2003 calendar years.
3. Traffic Program: The court processed 7,778 traffic violations (including 274 parking
tickets) during 2003, an increase of approximately 11% over 2002. Once again, the large majority
of traffic violations fell into just two categories: speeding and failure to obey a traffic control
device. For details, please refer to the attached Chart 2.
i
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i
Perhaps due to the large increases in base fines, there has been an increase in the
percentage of traffic cases going to trial. Since September, approximately 14% of traffic citations
have produced "not guilty" pleas. By contrast, only three of approximately two hundred juvenile
misdemeanors processed by the court has resulted in a "not guilty" plea.
4. Youth Court: The court processed 115 juvenile misdemeanors and status offenses in
2003, more than doubling the number of cases we received in 2002. About 67% of these citations
were for shoplifting offenses (Theft II and Theft III), primarily from retailers at Washington
Square. A breakdown of the juvenile caseload by offenses is attached as Chart 3.
The Youth Court program for first-time offenders began operation in 2002 in close co-
ordination with the Tigard Peer Court and the Washington County Juvenile Department. To date,
about 200 juvenile cases have been referred to the Tigard Youth Court. Each case is screened for
eligibility by the Peer Court Coordinator and Juvenile Department before it is accepted by our
Youth Court.
In juvenile misdemeanor cases, the court typically imposes a term of bench probation for a
period of at least six months, with various conditions including community service and a
counseling program. (For additional details, please refer to the attached Summary of Court
Policies.) Youth Court programs have continued in essentially the form described in our
presentation to Council last October.
Nearly all cited juveniles have appeared at arraignment with one or more parents. The vast
majority (more than 95%) of juvenile offenders have completed probation successfully, with no
repeat offenses or probation violations. Juvenile offenders have been ordered to complete 1,606
hours of community service since the inception of Youth Court in 2002. Approximately 41 % of
referred juveniles were Tigard residents.
5. Civil Infractions: The court received 357 citations for civil infractions (Municipal
Code violations) during 2003, an increase of 7% over the previous year. Sign-code and business-
license violations produced the greatest number of citations during 2003. The court imposes a
minimum fine in cases where a respondent is in compliance and there were no prior code
violations. If a respondent is not in compliance, the court imposes a substantial fine and orders
compliance within a specified period of time. Repeat offenders are subject to double or quadruple
penalties.
6. Compliance Program: In cases involving insurance, drivers' licenses and equipment
violations, defendants may be allowed a reasonable time to come into compliance with Oregon
law. In return, a defendant presenting proof of compliance, including a valid license and proof of
insurance, may be granted a reduction in the fine initially imposed by the court. This program
enhances public safety in Tigard by increasing the number of licensed and insured drivers on our
streets. It also provides an incentive to promptly remedy equipment violations.
i
7. Revenues: The increases in caseload and traffic fines per violation have had a major
j impact on court revenues. During the 2003 calendar year, the court imposed fines and penalties
totaling $832,264 (including the assessments paid to the State and County), an increase of more
than 25% over the previous calendar year.
We welcome any questions you have concerning court operations.
2 - ANNUAL REPORT TO COUNCIL
SUMMARY OF COURT POLICIES
1. Mission Statement: The court's overriding goal is to promote public safety and
community values by implementing state and municipal laws in a fair, efficient and professional
manner. For most people in Oregon, their direct experience of the legal process typically arises
from a traffic citation. The court strives to make that experience a positive one by educating
citizens about relevant laws and traffic safety in a context of excellent customer service.
Juvenile cases are adjudicated in a manner that promotes accountability, deters recidivism,
encourages the active involvement of parents, protects the community and secures restitution for
victims.
2. Youth Court: Juveniles who are referred to the court's youth program will be subject
to clear and substantial consequences if they have committed a criminal offense. These
consequences include a term of probation with one or more of the following conditions:
alternative community service, a counseling program, victim restitution, letters of apology to
victims, payment of a court diversion fee, and/or participation in Peer Court as a juror. In
appropriate cases, parents may be required to take part in restitution or counseling programs,
including parenting classes. The court expects 100% compliance with its orders.
Juvenile arraignments take place in our court on Thursday and Friday afternoons. All
parents are mailed a summons that requires them to appear with their child at arraignment. In each
case, the court conducts a formal misdemeanor arraignment in open court. Under criteria
developed with the Juvenile Department and City Prosecutor's office, misdemeanors are reduced
to violations at arraignment for eligible juveniles. At the end of each session, a written order is
entered and discussed in detail with the parents and juvenile. Probation violation hearings are
scheduled for juveniles who are not in compliance with the court's order.
3. Court Policies in Imposing Fines: As a result of 2003 legislation, judges are given
limited discretion in imposing fines for most traffic offenses and misdemeanors. Maximum fines
are established by law for various categories of traffic offenses, from Class A ($720) to Class D
($90). Minimum fines are enhanced for violations relating to school zones, highway work zones
and traffic accidents.
In addition to statutory standards for imposing fines, the Oregon Supreme Court devises
minimum "base fine" schedules after each legislative session according to a formula set forth by
statute. A base fine (formerly called "bail") is the amount that a defendant can remit to the court if
he or she chooses not to contest a citation. It is written on the front of each citation by the issuing
i officer. Courts are specifically authorized by statute to adopt higher base fines than the minimums
• promulgated by the Supreme Court. For defendants with good driving records, actual fines tend to
be lower than the base fine stated on the citation.
Within the range established by the statutory maximum and minimum fines, the court
considers the following circumstances in assessing fines in traffic, misdemeanor and civil-
infraction cases.
1. The nature of the offense, as classified by Oregon law (Class A-D) or the Tigard
Municipal Code;
2. The defendant's record of prior offenses, if any; and,
3. Specific mitigating or aggravating circumstances, including: a defendant's explanation
of the circumstances; lack or presence of intent; the City's recommendation, if any;
demonstrated indigency; and the extent of compliance in cases involving licenses,
registration, insurance, equipment and Municipal Code violations.
The court recognizes that law enforcement and administration, including traffic
enforcement, impose substantial costs on the community. In order to continue to enforce its laws,
a community must generate revenue from available sources to sustain these operations. It is the
goal of the court to ensure that the overall costs of court administration are recovered through the
imposition of fines and other financial sanctions on those who commit offenses.
Many defendants, especially in traffic cases, have good records and are cited for less
serious moving violations. While it is appropriate to impose sanctions to deter future misconduct,
it is the court's goal to ensure that citizens leave the courtroom convinced that they have been
listened to and treated fairly.
4. Noncompliance: If a defendant fails to appear as required by law, the court will enter a
default judgment and order a suspension of the defendant's right to drive in Oregon. Defendants
who fail to pay a fine imposed by the court are subject to license suspensions and referral to a
collection agency. Collection charges of 25% are added to delinquent accounts. For repeat
Municipal Code infractions, respondents may be subject to double or quadruple civil penalties.
5. Traffic Diversion Program: The large majority of our traffic citations are resolved
through the imposition of a fine. In accordance with longstanding court policies, juvenile first
offenders and senior citizens (persons over 65) may be referred to one of several driver-education
programs. In addition to completing the assigned program, defendants may also be required to
receive no new convictions for a designated period of six months or more. Defendants are also
required to pay a court diversion fee. Once these requirements are met, the citation may be
dismissed.
6. Court Interpreters: The court regularly provides interpreters to defendants (typically
Spanish-speaking) who are unable to effectively communicate in English. As needed, the court
provides interpreters for other non-English-speaking defendants. The court regularly provides
letters and other documents in Spanish in traffic, juvenile and civil-infraction cases.
7. Court Publications: The court is committed to providing information about Oregon
law and court procedures in understandable form, both in its written materials and online (see
http://www.ci.tigard.or.us/city_hall/departmentslmunicipal_court/). These materials are designed
L to make the most efficient use of court time by informing defendants about state law and court
E procedures.
8. Court Rules: The court follows the Uniform Trial Court Rules (UTCR) as adopted by
i the Oregon Supreme Court. Local rules are available to the public online and at the front counter.
a
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1
Page 2 - 2003 ANNUAL REPORT TO COUNCIL - APPENDIX
NOON
Total caseload by Year
Chart 1
9000
8000
7000
6000
-o 5000
0
N
U 4000
3000
2000
1000
2003
2002
0 2001
2000 Year
Ten TO Cited Violations in 2003 • Chart 2
k leSpeeding
sec l'24-'
■Fail to obey a traffic Control Dewce
Uninsured
pDriving
While Suspended
pDriving
■Fail to Use Safety Belts
■Fail to Carry Proof of insurance
■No operatoes License
13 Fail to Renew Vehicle Registration
■Sign Code Violations
■MaVng an illegal U-turn
Juvenile Cases by Offense
Chart 3
940
920
900
80
60
40
20-
0
Theft Tobacco Curfew Criminal Mischief Jurisdiction Criminal Disorderly Other
changed Trespass 11 Conduct
Tigard Municipal Court
1. Traffic
2. Youth Court
3. Civil Infractions
Tigard Municipal Court
mum, minimum and base fines increased. 's caseload for all three programs
Unitary Assessment increased from $35 ased by 11% over 2002.
7 per violation.
ple: Base Fine for Class B violations like violations processed.
e to obey a traffic control device
ased from $185 to $237, r the busiest year in the court's history.
implemented changes in September.
ficant amendments to laws relating to
ding, school zones and pedestrians.
a
traffic violations (including 274 parking
fn ts) processed during 2003.
crease of approximately 11% over 2002.
majority of traffic violations fell into
3 wo categories: speeding and failure to
a traffic control device.
plead "not guilty," an increase of 3%
L previous year.
J
Youth Court Evaluation 1
Tigard Municipal Court
enerally based on:
of offense and applicable maximum or
um fines.
ous record.
avating or mitigating circumstances:
dant's explanation, lack of intent, extent
mpliance, indigency, recommendation of
ideration of costs to community for law
cement and adjudication.
surance, license and equipment t 200 cases filed since 2002, when
tions in traffic cases. am began.
ction in fines for those who comply within uvenile misdemeanors and status
required by court. ses filed in 2003.
ndants must submit proof of insurance, a of citations in 2003 were for shoplifting
license or evidence that equipment ses (Theft II and Theft III).
tion is fixed. Tigard residents.
promote public safety. inued collaboration with Peer Court and
ington County Juvenile Department.
ly all juveniles appear with parents.
t 99% enter guilty pleas after full
emeanor arraignment.
than 95% complete probation without
tions or repeat offenses.
hours of community service ordered.
`r.
Youth Court Evaluation 2
Tigard Municipal Court
pt and fair adjudication. substantial consequences for those who commit a
ffenses, including as appropriate:
Untability for offenders. ncn probation (s7x months or longer) with 100%
ct the community by deterring repeat pliance expected.
ses, ernative community service.
tution for victims and community, unseling programs such as Theft Talk.
tim restitution, as appropriate.
e involvement of parents. tens of apology to victims.
ation about laws and legal system, ment of fine or court diversion fee.
service in Peer Court.
enting classes.
I for Municipal Code violations in to appear or pay a fine ordered by
rt may result in:
ase of 7% over 2002. fault judgment in amount of base fine.
code and business tax violations most spension of defendant's right to drive.
on. % collection charge.
reduced if in compliance at first ferral to collection agency.
arance and no previous civil infractions. rich (lance required if necessary. prowarrants for juvenile defendants as
propriate,
uble or quadruple civil penalties for repeat civil
ractions as provided by Municipal Code.
budget: $216,915 in FY 2003-04 .
crease in staffing despite higher caseload.
Imposed $832,264 In fines and 13125 S.W. Hall Blvd.
sments during 2003 (an increase of 25% Tigard, Oregon 97223
2002).
es $187,508 remitted to the state for l.tlgard.or.us/dry_hall/departments/municipal court
rr Assessment.
66 additional assessments were paid to
ate and county
collection rate is approximately 73%.
Youth Court Evaluation 3
AGENDA ITEM #
FOR AGENDA OF May 25, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Summer Reading Program
PREPARED BY: Margaret Barnes DEPT HEAD OK,17z~g- CITY MGR OK
ISSUE BEFORE THE COUNCIL
Update on the Summer Reading Activities at the Library.
STAFF RECOMMENDATION
No action necessary.
INFORMATION SUMMARY
The goal of Summer Reading is to have families use the library and encourage children to read for recreation
during the summer. The children's program theme this year is "Discover New Trails @ Your Library READ!"
and runs June 1-August 1. The theme for the teen program is "Get Lost READ! and runs June 1-July 31. A
wide variety of events are planned for Summer Reading including The Lewis & Clark Reading Adventure kick-off
event, storyteller Anne Glover, Dogs and Tales Stories and Crafts and The Shire of Dragon's Mist A Taste of
Medieval Life.
Special outreach plans this year include library staff visiting summer day camp and daycare centers to sign children
up for Summer Reading. Throughout Summer Reading, staff will periodically return to these centers. In this way,
the programs and services provided by the library are extended beyond the walls of the building.
OTHER ALTERNATNES CONSIDERED
None.
C VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
i
Goal #2: A wide array of opportunities for life-long learning are available in a variety of formats and used by the
i community.
i
ATTACHMENT LIST
None.
FISCAL NOTES
None.
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AGENDA ITEM #
FOR AGENDA OF May 25, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Discussion of Washington County Cooperative Library Services (WCCLS)
Operating Levy election results and an update on the New Library Schedule
PREPARED BY: Margaret Bames DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
The purpose of this presentation is to provide City Council information on the WCCLS operating levy election
results and an update on the New Library Master Schedule.
STAFF RECOMMENDATION
This is an informational item.
INFORMATION SUMMARY
Over the past year on several different occasions, information was presented to City Council regarding the WCCLS
operational levy. The five year levy was placed before the voters on May 18, 2004. This levy would provide
funding to maintain existing services and restore services and programs that have been reduced countywide. The
results of the May 18, 2004 election will be reviewed with the City Council at the May 24, 2004 Council meeting.
Also at the same time staff will update the Council on the overall completion schedule for the new library.
At this meeting staff is prepared to answer questions.
• OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL s4ND ACTION COMMITTEE STRATEGY
Goal #2: A wide array of opportunities for life-long learning are available in a variety of formats and used by the
community.
ATTACHMENT LIST
None.
FISCAL NOTES
Not yet determined.
AGENDA ITEM No. 7 Date: May 25, 2004
PUBLIC HEARING
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
CONSIDER EXCEPTIONS TO THE
TRANSPORTATION SYSTEM PLAN
STANDARDS ON CERTAIN STREET
IMPROVEMENT PROJECTS
Dale to Time Constraints
City Council May Impose
N A Time Limit on Testimony
J
W hADMIGREERICRY COUNCIOCCSIGNUPIPH TES TIMONYMOC
J
AGENDA ITEM No. 7 Date: May 25, 2004
PLEASE PRINT
Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral
1 1. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
I
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AGENDA ITEM # 77
FOR AGENDA OF May 25, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Exceptions to the Transportation System Plan Standards on Certain Street
Improvement Projects. L on
PREPARED BY: A.P. uenas DEPT HEAD OK: A.P. Duenas CITY MGR OK: Bil ahan
ISSUE BEFORE THE COUNCIL
Resolution for Council consideration and approval on proposed exceptions to the Transportation System Plan
(TSP) standards on certain street improvement projects.
STAFF RECOMMENDATION
That Council approve the attached resolution authorizing exceptions to the TSP standards for certain street
improvement projects.
INFORMATION SUMMARY
The Community Development Code (CDC) 18.810.030(E) currently requires that street right-of-way and roadway
widths conform to the guidelines of the Tigard Transportation System Plan (TSP) adopted by Council on
September 10, 2002 by Ordinance 02-33 or be in accordance with an approved plan. In widening existing streets to
ultimate width, the existing terrain, the proximity of existing houses to the streets, and various other factors
preclude adherence to the TSP requirements. In these projects, the difficulties inherent in retrofitting street
widening through an existing neighborhood make it advisable to limit the rights-of-way takings. In limiting these
takings, certain elements (such as landscaped strips) need to be eliminated on segments of the streets.
It is the intent of staff to follow the current TSP standards wherever feasible. However, the following are some of
the reasons for deviating from the current TSP standards:
• Many homes with access to the streets would have driveways less than 20 feet long; the miniminn
length required for parking.
• Many driveway slopes would be excessively steep (over 20% of slope).
• Many big trees would have to be removed. Existing fences, retaining walls and landscaping would also
be reconstructed.
• Certain residents would have to be relocated due to serious proximity damage generated by the projects.
• Some sensitive areas would be greatly impacted.
• In addition to the existing conditions listed above, some of the street segments (such as Walnut Street
from Tiedeman Avenue to 135U' Avenue) have had the two project ends and the intersection in the
middle designed and constructed to a certain standard. It makes sense to continue that standard in filling
in the gaps to complete the entire segment
The landscaped strips between the curb and the sidewalk required by the TSP may be a reasonable requirement for
a new street, but would force the sidewalks closer to homes on existing streets. Placing the sidewalks curb-tight in
these areas would allow the homeowners to landscape, plant, and maintain the area from the sidewalk to the houses
as one continuous frontage. Placing landscaped strips between the curb and sidewalk on collectors and arterials
makes maintenance problematic since homeowners would be less likely to consider the landscaped strip part of
their front yard. Because of these reasons, City Council is requested to approve deviations from the TSP standards
on certain City projects.
There are four projects that will have significant difficulty in conforming to the TSP standards regarding planter
strips and medians. In addition, the arterial segment of Walnut Street (1350i to just west of Gaarde Street) provides a
slightly narrower paved width than required by the TSP.
Council is requested to approve the proposed designs for the following street segments:
0 Walnut Street from 11 a Avenue to Tiedeman Avenue
0 121" Avenue from Quail Creek Lane to Tippitt Place
0 Walnut Street from 122nd Avenue to 13501 Avenue (one project with two street segments since the
121"/Walnut and Gaarde Street/Walnut intersections and approaches are already constructed)
■ Walnut Street from 13501 Avenue to 350' west of Gaarde Street
• Walnut Street from 350' east of Gaarde Street to 122°d Avenue
0 7901 Avenue from Durham Road to Bonita Road
The project descriptions and the reasons for the deviations are summarized in Attachment 1. The TSP requirements,
the proposed designs, and the deviations from the TSP standards are summarized in Attachment 2. Attachment 3
shows the typical street sections, while Attachment 4 shows the project locations.
The approved plans will be used in the construction of City projects only. Developers that may initiate projects
along these street segments will be required to meet the TSP requirements, unless they can provide sufficient
justification for conforming to the approved plan. In some cases, these developers may purchase several lots and
consolidate them prior to development. In those cases, existing homes would most likely be removed, the terrain
flattened, and the layout on the lots drastically altered. Meeting the TSP requirements would be reasonable in such
cases, including dedication of the full rights-of-way width required. Infill projects on small lots may not provide
such opportunities. However, it would be incumbent for the developers on a case-by-case basis to request
conformance of the street improvements to the approved plan and fully justify the reasons to deviating from the
TSP standards on their respective projects.
As widening of other existing streets become necessary in the future, exceptions to the TSP standards will be
necessary to retrofit the widening project between existing homes and other structures on both sides of the streets.
As the projects are designed, exceptions as needed for those projects will be submitted for Council consideration
before the project designs are finalized for construction.
i
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OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Widening of existing collectors and arterials meet the Tigard Beyond Tomorrow goals of Improve Traffic Flow and
Improve Traffic Safety.
ATTACE NIENT LIST
Proposed Resolution
Attachment 1 - Project Descriptions and Reasons for Deviations
Attachment 2 - Table summarizing proposed design, TSP requirements and deviations
Attachment 3- Typical Street Sections
Attachment 4 - Project Location Maps
FISCAL NOTES
Not applicable.
Oarg x%coura sgenft sunma "%&25-04 acepd" b street OWrOW6s Ws.dw
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Attachment 1
Project Descriptions & Reasons for Deviations
from TSP Requirements on Current Projects
■ Walnut Street (Designed by the City) - Walnut Street from 116`h Avenue to the Tiedeman
Street/Fonner Avenue is a City project proposed for construction beginning FY 2006-07. The
design of the project has been substantially completed and necessary rights-of-way are now
being purchased. The Walnut Street and Tiedeman Street/Fonner Avenue intersection was
improved by the City in 1999 to the major collector standards in effect prior to adoption of the
TSP standards in September 2002. The proposed improvements for the segment between 121"
Avenue and the Tiedeman/Fonner/Walnut Street intersection are intended to minimize impacts
and match the existing intersection improvements with a 60-foot right-of-way instead of a 68-
foot right-of-way as required by the TSP. The project design began over two years ago and has
been completed also following the design standards for major collectors prior to the adoption of
the current standards in September 2002. The previous standard provided for a 44-foot wide
street width within a 60-foot wide right-of-way without a landscaped strip separating the curb
and sidewalk. The properties to be acquired along the entire length of the project have been
identified, the rights-of-way descriptions have b: en prepared, appraisals to set values are
basically completed, and negotiations to acquire the properties are well underway. It is
extremely late in the process for these this project to go back and acquire additional right-of-way
to comply with the current standards. The feasibility of placing one or more medians will be
explored prior to construction of this project. Because of the multiple driveways on either side
of the street, medians would only be feasible to channelize left-turning traffic into side streets,
and only in those areas where the turning movements into driveways do not occur.
■ 121` Avenue - The intersection of 1214 Avenue and Walnut Street has been improved by
Washington County as part of the Walnut Street - Phase 1 project. The intersection was
improved to the major collector standards in effect prior to September 2002. This project would
extend these improvements south of the intersection from Tippitt Place to Quail Creek Lane.
The TSP currently classifies 121"' as a collector with a minimum paved street width of 44 feet
within a right-of-way width of 68 feet. The proposed improvements, matching; the existing
intersection improvements, meet the street width standard but deviates from the 68-foot-wide
right-of--way TSP standard. The narrowing of the right-of-way required is accomplished by
eliminating the landscaped strips throughout much of the project. The design of the project has
been substantially completed. The feasibility of installing planter strips and medians along
limited segments of this street will be explored prior to construction of the improvements.
■ Walnut Street (Designed by & to be Constructed by Washington County) - Walnut Street
from 135`h Avenue to 350 feet west of Gaarde Street and from 350 feet east of Gaarde Street to
122nd Avenue is the last phase of a 3-phase project funded under MSTIP 3 and performed by
Washington County. The project is intended to provide a fully improved connection between the
Phase 1 improvements completed at the intersection of 121` Avenue and similar improvements
completed by the Phase 2 improvements at the intersection of Walnut Street with Gaarde Street.
Phase 3 is scheduled for construction from October 2004 to December 2005. Phases 1 and 2
Attachment 1
Page 1 of 2
were constructed to major collector standards for those streets identified as major collectors in
the Comprehensive Plan Transportation Map adopted by Council on June 11, 1991 by
Ordinance 91-13 since these were the standards in effect when these projects were planned and
constructed. These standards provided for a 44-foot wide street width within a 60-foot wide
right-of-way without a landscaped strip separating the curb and sidewalk. The Tigard TSP has
changed the classification of Walnut Street to an arterial from Barrows Road to Gaarde Street,
but maintains its collector status from Gaarde Street to Highway 99W.
An exemption for this project would allow a narrower right-of-way without a landscaped strip
and a slightly narrower paved width on the arterial segment for the improvements of Phase 3 to
match Phases 1 and 2 and minimize impacts to surrounding homes. The feasibility of installing
planter strips and one or more medians will be explored by the County prior to completion of
the design and construction of the improvements.
70h Avenue Improvements (Designed by the City) - The design for 79m Avenue
Improvements began in late 1998 and was completed in February 2001. The project has been
put on hold due to lack of construction funding and certain residents' opposition to the widening
and improvements proposed for the street. 79th Avenue was classified as a minor collector
before the adoption of the TSP on September 10, 2002 by Ordinance No. 02-33. The TSP
currently classifies 79th Avenue as a neighborhood route, which requires a minimum street
paved width of 32 feet and a minimum right-of-way width of 54 feet. The proposed
improvements for 79th Avenue widen the street to 34 feet allowing for two travel lanes, bike
lanes, but no parking on either side of the street. This meets the TSP requirement for paved
width and is sufficient to accommodate motor vehicles and bicycles. The improvements omit
landscaped strips because of significant impacts to surrounding properties. Hence, the existing
design does not meet the TSP minimum right-of-way width with the elimination of the
landscaped strips accounting for the reduced width. Attached is a map showing a neighborhood
route cross-section required by the TSP Standards and the typical section proposed for the street.
The street was considered for inclusion in the unsuccessful year 2000 transportation bond
measure, but dropped out because of resident opposition to even that minimal widening
proposed.
Although the City does not have any current plans for widening of this street, City staff has been
using the established design as a guide for developers to follow and construct. Developers
should follow the City design for the paves) area (which includes the 34-foot wide paved width)
but must include landscaped strips, unless they can fully justify deviation to the City design for
the street. Based on the City design, the minimum required right-of-way width to accommodate
the landscaped strips is 54 feet.
• I.Amioas\eotra ayaxla aammavWS-2501 axWlons to atraot stmdaMs attach t.cbc
p
Attachment I
Page 2 of 2
Attachment 2
Summary
Proposed Design, TSP Requirements & Deviations
Min. Street Street Min. R/W R/W
Street Functional Width per TSP Proposed Width- Width per TSP Proposed Width- Deviation
Classification Requirements Design Meets Requirements Design Meets
TSP TSP
Projects
Walnut Street Collector 44' 44' Yes 68' 60' No Landscaped strips
(916 to Tiedeman Ave) omitted
121st Avenue
(Quail Creek Lane to Collector 44' 44' Yes 68' 60' No Landscaped strips
Tippitt Place) omitted
11' travel lanes -
Walnut Street Landscaped strips
03e Ave to 350' west Arterial 46' 44' No 74' 61' to 74' No omitted except for
of Gaarde Street) one area. Paved
width 2 feet less.
Walnut Street Landscaped strips
(350' east of Gaarde Collector 44' 44' Yes 68' 60' No
Street to 122nd Ave) omitted
79th Avenue
Neighborhood 32' 34' Yes 54' 50' No Landscaped strips
Durham Road to Route omitted.
Bonita Road
Street width = Width from face of curt; to face of curb
I.WgVuMwundl agenda swnades15S25-04 excepdons to street Staf wds aW 2.doc
7~
Attachment 3 - page 1 of 2
TYPICAL SECTIONS
121ST AVE, WALNUT STREET
STREET WIDTH
( u• I
6.3' it, 12' 77' 3' 6.3'
--I slop ~ 7.3• BIKE B/Kf ~
or IId/ LANE LANE V2:- wall
,
1 60• 1
PROPOSED DESIGN
44' CURB TO CURB
WITHOUT PLANTER STRIPS
9 STREET WIDTH Q
1
RS' 6' ti aa' s' .Y 12' fi' 3' 3.3 6' La3_
i 6VKE SKE f
I LUVf I
1
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mom wlt
nP COLLECTOR STANDARD
44' CURB TO CURB
WITH PLANTER STRIPS
g 9 STREET WWII
Q
I 9 a I
1 ~ m 1
0.3. d' 3' 3' 12' f2' 12' a Las'
i BIKE ¢ LANE I
b f
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74• 1
TSP ARTERIAL ARTERIAL STAND
46' CURB TO CURB
WITH PLANTER STRIPS
Attachment 3 - page 2 of 2
TYPICAL SECTIONS
79TH AVENUE
a.f .au STREET WIDTH a.t .ar
Varlm
As' 1r 17P a r cue J_ 4' wldv mood / &I cur
a cw,cnt, mockn I or WON
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a STREET W1D7H Q
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BIKE B/XE
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IMP NEIGH RHOOO ROUTE STAHMM
32' CURB TO CURB
WITH PLANTER STRIPS
NO PARKING
1 °1 2
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AVENUE ATTACHMENT 4 - page 2 Of 2
PROJECT LOCATION MAP
WALNUT STREET & 79TH u
rve n ~ l.rs a ~
AD
Wood
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e
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W UT EET
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DURHAM ~ ROAD
Current TSP Standards
Exceptions to the Transportation -
System Plan Standards
Adopted by Ordinance 02-33 on
September 10, 2002
❖ Required planter strips between curb
May 25,2004 and sidewalks
Presented medians as optional
Allowed for exceptions to the
standards as adopted
City of Tigard
Exceptions to Standards TSP Standard Cross-Sections
❖ Exceptions allowed if:
-e Incorporated in an approved street plan i _ -
To continue an existing improved street
Applies to all streets
CIP adoption process can be used to - i %-i ' -
approve exceptions for individual _
street projects
Current Projects Project Status
❖Wainut Street (Tiedeman Avenue to Walnut Street-Tiedeman to 121St (City)
121st A Began over 2 years ago
121 Avenue) - City Project -Project design completed
❖121st Avenue (Quail Creek Lane to -:-Rights-or-way acquisition
:-Appraisals done on two-thirds of the properties
Tippit Place) - City Project -:-Negotiations completed on two-thirds
-'-Walnut Street (County MSTIP 3 Project) '--Purchases underway
❖.t35tn Avenue to 350 feet west of Gaarde `:-Appraisals on remaining one-third In progress
e Walnut Street (County Project)
;•350 feet east of Gaarde to 122"d Avenue ^ Project design in progress
ee Rights-of-way acquisition Is next step
4-Construction expected this summer
1
Project Status Cross-Section Used
121# Avenue-Quail Creek Lane to Tippit (City)
Began over 2 years ago
Project design completed snsr~r°e
v Rights-of-way acquisition - _ ,
OAppraisais In-progress on 5 properties
*No negotiations have started 1 , b a t
Walnut Street (County Project) I
¢ Project design in progress -
e:m nor
-C- Rights-of-way acquisition is next step
Construction expected this summer
Reasons for Exceptions (City) Reasons for Exceptions (County)
4-Many homes close to the street +Many homes close to the street
4•Difflcult access to homes because of :•Some huge trees can be saved
sloping terrain -:'Difficult access to homes because of
-.'Proximity damages in some lots even sloping terrain
with reduced cross-section -:-Phase 3 of a 3-phase project
4-Designs completed 1211L Avenue/Walnut Intersection & approaches
constructed to previous standard
-:-Rights-of-way acquisition already in :•Gaarde Street/Walnut intersection & approaches
advanced stages also constructed to previous standard
Project Locations Project Locations
r~ n
"'~+i,'...~v .ys a rjr~ R a ,~,r+ - ;~y'~a' }4 "ter} ~1a`'',.++G=iiv~:~!c~-'-~'-1•-n~.y~
t 4 fi { r st'v r. 1, r~i o ; 1 v Kilr~ ,
c.~..~1, ~ 5~y=~ik-r~ ~ ,r;_tE',~.t j, , ~~`i~F~'-~i 4-~ ` t`~~~
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7.7
1 1 4'~a
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•
Existing Conditions Existing Conditions
l
12V Avenue
a "C3r'~.J?
Wa~rtttC~ 'tr
Existing Conditions Existing Conditions
tw r ii
~a f
_ II
ay 'Y t
Walnut Street
Existing Conditions Summary of Deviations from TSP
Walnut Street
3
Elm
.
Discussion With Council Resolution
Proposed exceptions discussed with Summarizes the exceptions for each _
Council at the April 20, 2004 project
workshop meeting 4 Walnut Street (116th to Tiedeman)
4% Council provided direction to submit > Reduced right-of-way, no landscaped
the proposed exceptions for approval strips, median if feasible
fi Exceptions would be for specific Walnut Street (135th to Gaarde)
projects within the City only Reduced right-of-way, reduced paved
width, landscaped strips and medians
where feasible
Resolution Staff Recommendations
A Walnut Street (Gaarde to 122^0 That Council pass the resolution
o Reduced rlght-of-way, landscaped strips
and medians where feasible approving the proposed exceptions
1215t Avenue (quail Creek Lane to Tippit The approved plans will be used for
Place) City projects only
o Reduced right-of-way, landscaped strips
and medians where feasible
s,
4
AGENDA ITEM No. 8 Date: May 25, 2004
TESTIMONY
SIGN-UP SHEET
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING
(INFORMATIONAL)
FINALIZING SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 28
PORTIONS OF
SW O'MARA AND MCDONALD STREETS
Due to Time Constraints
City Cotincil May Impose
A Time Limit on Testimony
I:WDWGREEMCSIGNUPTH TESTMNY FINALIZE SAN SEWER DISTAOC
AGENDA ITEM No. 8 Date: May 25, 2004
PLEASE PRINT
Pro onent - (Speaking In Favor Opponent - S eakin Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AGENDA ITEM # U
FOR AGENDA OF May 25, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Finalize Formation of Sanitary Sewer Reimbursement District No. 28 (SW O'Mara,
McDonald Streets)
.y
PREPARED BY: Gam. Be DEPT HEAD OK CITY MGR OK (4Aylr~
ISSUE BEFORE THE COUNCIL
Finalize the formation of Sanitary Sewer Reimbursement District No. 28, established to construct sanitary sewers
in SW O'Mara and McDonald Streets as part of the Neighborhood Sewer Extension Program.
STAFF RECOMMENDATION
Approve the proposed resolution, approving the formation of Reimbursement District No. 28 as modified by the
final City Engineer's Report.
INFORMATION SUMMARY
Council approved the formation of Reimbursement District No. 28 by Resolution 03-32 on August 26, 2003.
Since then, construction of the improvements has been completed and final costs have been determined. The City
Engineer's Report has been revised accordingly.
The estimated cost for the sanitary sewer construction appearing in Resolution 03-32 was $375,460. The
contractor's bid of $366,664.40 plus $48,135.51 in contract amendments resulted in a final construction cost of
$414,799.91. The final construction cost exceeds the estimated cost by $39,340 or 10.5%. $19,160 of the contract
amendments resulted from additional utility work including repairs to water lines and storm drains and changes to a
sewer service line. The need to remove an additional amount of unsuitable soil from the sewer trench to provide an
adequate foundation for the sewer accounts for $17,060 of the contract amendments. The remaining $11,910 of
contract amendments resulted from adjustments to unit price quantities.
Through the City's Neighborhood Sewer Extension Program, the City has installed public sewers to each lot within
the Reimbursement District. The property owners must reimburse the City for a fair share of the cost of the public
sewer at the time connection to the sewer. In addition, property owners must pay a connection fee of $2,435
($2,535 after June 30, 2004) and are responsible for disconnecting their existing septic system according to
Washington County rules and for any other modifications necessary to connect to the public sewer. There is no
requirement to connect to the sewer or pay any fee until connection is made.
If Council approves this request to finalize the Reimbursement District, owners within the district will be
notified that the sewer is available for connection.
OTHER ALTERNATIVES CONSIDERED
None.
VISION TASK FORCE GOAL AND ACTION COMMUTEE STRATEGY
Not applicable.
ATTACHMENT LIST
• Proposed Resolution
o Exhibit A- Final City Engineer's Report
o Exhibit B- Map
• Resolution No. 03-32
• Vicinity Map
• Notice to Owners
o Mailing List
• Communication Plan
• Resolution No. 01-46
• Resolution No. 03-55
FISCAL NOTES
Funding is by unrestricted sanitary sewer funds.
1.0V000;L1 2004 h d& nwwmadwuid RYnMisanms dW w. Mc" cotnck panda Of 5.25-04%5.25-04 -XIomld. oYnaa Mm dlat 28 sis.dac
CITY OF TIGARD, OREGON
RESOLUTION NO. 03- 3 2
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28 (SW
O'MARA, MCDONALD STREETS)
WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and
recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, these property owners have been notified of a public hearing in accordance with TMC
13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and
WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included
in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels
within the District, and a recommendation for an annual fee adjustment; and
WHEREAS, the City Council has determined that the formation of a Reimbursement District as
recommended by the City Engineer is appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 28",
attached hereto as Exhibit A, is hereby approved.
SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13.09.
The District shall be the area shown and described on Exhibit B. The District shall be
known as "Sanitary Sewer Reimbursement District No. 28, SW O'Mara, McDonald
Streets."
SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving
City permits applicable to development of each parcel within the Reimbursement
District as provided for in TMC 13.09.110.
SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be
applied to the Reimbursement Fee.
SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the
County Recorder and shall mail a copy of this resolution to all affected property owners
at their last known address, in accordance with TMC 13.09.090.
SECTION 6 This resolution is efliective immediatei upon passage.
PASSED: This (,aay o,4
2003.
ayo Lity gand
j A ST:
'City Recorder - City of Tigard-
VWQ%V03-2W4
RESOLUTION NO. 03-,3;1
Page 1
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 28
(SW O'Mara and McDonald Streets)
Backqround
This project will be constructed and funded under the City of Tigard
Neighborhood Sewer Extension Program (NSEP). Under the program the City of
Tigard would install public sewers to each lot within a project area. At the time
the property owner connects to the sewer, the owner would pay a connection fee
of $2,435 and reimburse the City for a fair share of the cost of the public sewer.
There is no requirement to connect to the sewer or pay any fee until connection
is made. In addition, property owners are responsible for disconnecting their
existing septic system according to Washington County rules and for any other
modifications necessary to connect to the public sewer.
Project Area - Zone of Benefit
An existing sanitary sewer line in SW O'Mara Street would be extended west
from between SW Hill Street and SW Frewing Street to serve thirty-six lots as
shown on Exhibit Map B.
Cost
The estimated cost for the sanitary sewer construction is $384,997.62. This
includes the $366,664,40 bid by the contractor plus a 5% contingency of
$18,333.22. Engineering and inspection fees amount to $51,974.68 (13.5%) as
defined in TMC 13.09.040(1). The estimated total project cost is $436,972.30.
This is the amount that should be reimbursed to the sanitary sewer fund as
properties connect to the sewer and pay their fair share of the total amount.
However, the actual amount that each property owner pays is subject to the
City's incentive program for early connections.
In addition to sharing the cost of the public sewer line, each property owner will
be required to pay an additional $2,435 connection and inspection fee when
connection to the public line is made. All owners will be responsible for all
plumbing costs required for work done on private property.
Reimbursement Rate
All properties in this area are zoned R-4.5 but vary in lot size from about 14,000
square feet to over 38,000 as can be seen on the attached list of owners in.
Therefore, it is recommended that the total cost of the project be divided among
the thirty-six properties proportional to the square footage of each property.
Resolution 01-46 limits this fee to $6,000 to the extent that it does not exceed
$15,000 per owner for connections completed within three years of final approval
of the City Engineer's Report.
Other reimbursement methods include dividing the cost equally among the
owners or by the length of frontage of each property. These methods are not
recommended because there is no correlation between these methods and the
cost of providing service to each lot or the benefit to each lot.
Each property owner's estimated fair share of the public sewer line is $0.62
per square foot of the lot served. Each owner's fair share would be limited
to $6,000 to the extent that it does not exceed $15,000, for connections
completed within three years of City Council approval of the final City
Engineer's Report following construction In accordance with Resolution
01-46 (attached). In addition to paying for the first $6,000, owners will
remain responsible for paying all actual costs that exceed $15,000.
Annual Fee Adjustment
TMC 13.09.115 states that an annual percentage rate shall be applied to each
property owner's fair share of the sewer line costs on the anniversary date of the
reimbursement agreement. The Finance Director has set the annual interest rate
at 6.05% as stated in City of Tigard Resolution No. 98-22.
Recommendation
It is recommended that a reimbursement district be formed with an annual fee
increase as indicated above and that the reimbursement district continue for
fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5).
Fifteen years after the formation of the reimbursement district, properties
connecting to the sewer would no longer be required to pay the reimbursement
feQ.
Submitted August 12, 200.:,
C
Agustin P. Duenas, P.E.
City Engineer
D
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O'MARA, MCDONALD
SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #28
A PORTION OF THE SW 1 /4 OF SECTION 2 T2S R1 W W.M.
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NOTE: EXHIBIT B (p 1 T10
All properties in the reimbursement NTS
district are zoned R4.5
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May 10, 2004
NOTICE
of
PUBLIC HEARING
Tuesday, May 25, 2004
7:30 PM
Tigard Civic Center
Town Hall
The following will be considered by the Tigard City Council on May 25, 2004 at 7:30 PM
at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon- Both
public oral and written testimony is invited. The public hearing on this matter will be
conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further
information may be obtained from the Engineering Department at 13125 SW Hall Blvd.,
Tigard, Oregon 97223, or by calling 503 718-2468.
INFORMATIONAL PUBLIC HEARING:
FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28.
The Tigard City Council will conduct a public hearing to hear testimony on the
finalization of Saniiary Sewer Reimbursement District No. 28 formed to install
sewers in SW McDonald and O'Mara Streets.
Each property owner's recommended fair share of the public sewer line is shown
on the attached table. Each owner's fair share would be limited to $6,000 for
connections completed within three years of City Council approval of the final
City Engineer's Report following construction in accordance with Resolution 01-
46. In addition, payment of a connection fee is also required. Please call Greg
Berry of the Engineering Department 718-2468 if you have questions.
lAmVX20004004 h dpVMara-MCd0 2$d reiMNOwnert Fist no. 28ldty mu cil 20enda Of 5-25-04Z-25-04 mcdonald. Wmu m1m dW 28 n0m.0oc
Reimbursment District No. 28
Cost to Property Owners Based on Final Project Cost
FINAL COST TO
OWNER SITE ADDRESS AREA (S.F.) PROPERTY
OWNER
1 ANDERSON CLARENCE N TR 9735 SW O'MARA ST 24166.33 $16,066
2 BATES VIRGINIA A 9680 SW O'MARA ST 35470.82 $23,582
3 BAYARD LAUREN & 9620 SW FREWING ST 20637.64 $13,72Q
4 BHATTACHARYYA KEYA 9608 SW HILLVIEW CT 16188.05 $10,762
5 BOYDSTUN DENNIS GREGORY 9585 SW O'MARA ST 30515.00 $20,287
6 BROWN ROGER A & JENNIFER A 9605 SW HILLVIEW CT 14935.36 $9,929
7 CLAYTON MARLIN L 9777 SW O'MARA ST 16340.51 $10,863
8 COOK DOREEN M 9815 SW O'MARA ST 18182.66 $12,088
9 DOWD LARRY & LAURA 9600 SW FREWING ST 21361.74 $14,202
10 DURFEE STANLEY D & CYNTHIA A 9580 SW O'MARA ST 18304.62 $12,169
11 FUCHS ARNOLD C & SHIRLEY K 9530 SW O'MARA ST 38692.36 $25,723
12 GARNANT DAVID G & JOYCE 9625 SW O'MARA ST 16551.32 $11,004
13 GITHENS WANDAMA TRUSTEE 9675 SW HILLVIEW CT 15689.58 $10,431
14 HAMPTON CLAUDE H 9960 SW MCDONALD ST 15038.60 $9,998
15 JOHNSON EDITH L TRUSTEE 9800 SW O'MARA ST 14850.93 $9,873 OWNER ADDRESS
16 KOLB DAVID & JANE F TRS 9645 SW O'MARA ST 17259.97 $11,475
17 MCCORD GLEN A & ELIZABETH A 9965 SW MCDONALD ST 20566.85 $13,673
18 MCDILL STEVEN J & KIMBERLY C 9630 SW O'MARA ST 25842.80 $17,181
19 MCDONALD TERRY UDIANE L 9865 SW OMARA ST 15547.83 $10,336
20 MCPHAIL JOHN R & LEANN 9935 SW MCDONALD ST 14429.69 $9,593
21 MILLER PHILLIP R 9940 SW MCDONALD ST 15038.33 $9,998
22 MONNIE HELEN C & MICHAEL D & 9715 SW OMARA ST 15266.46 $10,149
23 NEVILLE THOMAS A & 9635 SW HILLVIEW CT 15244.34 $10,135
24 NIRANJAN RAMAKRISHNAN & 9760 SW OMARA ST 18010.91 $11,974
25 OTTOMAN NORMAN R TRUSTEE 9905 SW MCDONALD ST 15548.13 $10,337
26 PARKER WALTER J & LOLA B 9615 SW O'MARA ST 13803.70 $9,177 655 Stone Creek Dr. LA Center Wa, 98629
27 PARKER WALTER J & LOLA B 9615 SW O'MARA ST 28910.26 $19,220 655 Stone Creek Dr. LA Center Wa, 98629
28 RAY STEVEN A & DEBORAH M 9845 SW O'MARA ST 17039.10 $11,328
29 SHEHORN STEPHEN LEE 9765 SW O'MARA ST 15382.78 $10,227
30 SHIRLEY JULIA A 9610 SW HILLVIEW CT 16247.55 $10,802
31 SPIAK ANDREW JOEL 9825 SW O'MARA ST 22452.38 $14,927
32 STRAND DAVID E 9675 SW OMARA ST 16235.91 $10,794
33 WHITEMAN TEX R LEWAHNA 9530 SW EDGEWOOD 35818.39 $23,813
34 WILSON LELAND J & TAMMIE L 9670 SW HILLVIEW CT 15550.98 $10,339
35 WILSON WILLIAM D JR AND 9840 SW O'MARA ST 20431.40 $13,583
36 WORLEY MARTHA W 9695 SW OWARA ST 16608.92 $11,042
Totals 708162.22 $470,797.90
e
°2S102CD-02702 2S102CD-00600
ANDERSON CLARENCE N TR FUCHS ARNOLD C & SHIRLEY K
ANDERSON ANN KTR 9530 SW O'MARA
9735 SW O'MARA ST TIGARD, OR 97223
TIGARD, OR 97223
28102CD-02000 2S102CD-02705
BATES VIRGINIA A GARNANT DAVID G & JOYCE
9680 SW O'MARA ST 9625 SW O'MARA ST
TIGARD, OR 97223 TIGARD, OR 97223
2S102CD40300 2S102CD-02601
BAYARD LAUREN & GITHENS WANDAMA TRUSTEE
BILLICK KEVIN 9675 SW HILLVIEW CT
9620 SW FREWING ST TIGARD, OR 97223
TIGARD, OR 97223
28102CD-02505 2S7118A-00803
BHATTACHARYYA KEYA HAMPTON CLAUDE H
9608 SW HILLVIEW CT MARGARETT
TIGARD, OR 97223 9960 SW MCDONALD ST
TIGARD, OR 97724
2SI02CD-00500 2S102CD-02608
BOYDSTUN DENNIS GREGORY JOHNSON EDITH L TRUSTEE
9585 SW O'MARA ST 9800 SW OWARA
TIGARD, OR 97223 TIGARD, OR 97223
2SI02CD-02603 2S102CD-02712
BROWN ROGER A & JENNIFER A KOLB DAVID & JANE F TRS
9605 SW HILLVIEW CT 9645 SW O'MARA ST
TIGARD, OR 97223 TIGARD, OR 97223
2S102CD-04900 2S702CD-03005
CLAYTON MARLIN L MCCORD GLEN A & ELIZABETH A
9777 SW O'K4RA ST 9965 SW MCDONALD ST
TIGARD, OR 97223 TIGARD, OR 97224
2S102CD-06000 2S102CD-02001
COOK DOREEN M MCDILL STEVEN J & KIMBERLY C
9815 SVJ O'MARA 9630 SW O'MARA ST
TIGARD, OR 97223 TIGARD, OR 97223
A
f-
J 2S102CD40400 2S102CO-02802
B DOWD LARRY & LAURA MCDONALD TERRY L/DIANE L
9600 SW FREWING 9865 SW OMARA
TIGARD, OR 97223 TIGARD, OR 97223
2S102CD-01101 2SI02CD-0300D
DURFEE STANLEY D & CYNTHIA A MCPHAIL JOHN R & LEANN
9580 SW O'MARA ST 9935 SW MCDONALD ST
TIGARD, OR 97223 TIGARD, OR 97224
2S7118A-00804 2SI02CD-02805
MILLER PHILLIP R SPIAK ANDREW JOEL
9940 SW MCDONALD ST 9825 SW OMMARA ST
t TIGARD. OR 97224 TIGARD, OR 97223
2Sto2CD-02709 2S102C13-02715
MONNIE HELEN C & MICHAEL D & STRAND DAVID E
MONNIE DEBRA L 9675 SW OMARA ST
9715 SW OMARA ST TIGARD, OR 97223
TIGARD, OR 97223
2S702CD-02802 2S102CID 02100
NEVILLE THOMAS A & WHITEMAN TEX R LEWAHNA
SUSANA A 9530 SW EDGEWOOD
9635 SW HILLVIEW CT TIGARD. OR 97223
TIGARD, OR 97223
2S102CD„02007 2S102C134=08
NIRANJAN RAMAKRISHNAN & WILSON LELAND J & TAMMIE L
RAM SHAILAJA 9670 SW HILLVIEW CT
9760 SW OMARA ST TIGARD. OR 97223
TIGARD, OR 97223
t
25102CD=2 2S102CD-02809
OTTOMAN NORMAN R TRUSTEE WILSON WILLIAM D JR AND
do GORDY BRIAN V & MARIE E ELIZABETH A
9905 SW MCDONALD ST 9840 SW OMARA ST
TIGARD, OR 97224 TIGARD. OR 97223
2SI02CD02700 2S102CD-02708
PARKER WALTER J & LOLA B WORLEY MARTHA W
9615 SW O'MARA 9695 SW O'MARA
TIGARD, OR 97223 TIGARD, OR 97223
2S1o2C0-02703
PARKER WALTER J & LOLA B b
855 STONECREEK DR
LA CENTER, WA 98629
2S102=02803
RAY STEVEN A & DEBOi2AH M
L. 9845 SW O'MARAST
TIGARD, OR 97223
O
J_ 2S102CD-02701
0 SHEHORN STEPHEN LEE
9765 SW O'MARA
LI TIGARD, OR 97223
J
2S102CD-02604
SHIRLEY JULIA A
9610 SW HILLVIEW COURT
TIGARD, OR 97223
Communications Plan
SW McDonald, O'Mara Streets Sanitary Sewer Reimbursement District No. 28
Goal: Provide sanitary sewer service to all owners within the proposed reimbursement district.
Timeline: FY 04-05 Construction Season.
Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement
District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and
final cost for the Reimbursement District.
Date Item Description Responsibility
5/22/03 Advertisement Submit Request for Bids to Daily Joumal Engr. Manager
of Commerce and Tigard Times
6/3/03 Bid Opening Public bid opening. Engr. Manager
Neighborhood Meeting Mail Meeting Notice to property owners
6/17/03 Notice within the proposed reimbursement district Engr. Manager
7/9/03 Neighborhood Meeting Meet with property owners to review Engr. Manager
estimated costs and projects schedule
7/9/03 Hearing Notice Mail Notice of Hearing for the formation of Project Engr.
the reimbursement district to owners
7/22/03 Formation Hearing City Council considers formation of the Project Engr.
proposed sanitary sewer district
8/26/03 Award Contract Local Contract Review Board considers Engr. Manager
awarding the contract for construction
8/28/03 Notice of Decision for the Mail Notice of Decision to property owners Project Engr.
formation of the district within the district
Pre-Construction Meeting with the contractor to review
9/17/03 Meeting requirements of the project Engr. Tech
9/17/03 Notice to Proceed Direct contractor to begin work. Engr. Manager
Signs were placed and doorhanger notices
9/17/03 Traffic Control Plan were distributed as construction Engr. Tech
ro ressed.
During Lateral Locations Confirm with property owners location of Engr. Tech
construction laterals
2 days before Hang Construction Notice on doorknobs of
construction Construction Notice property owners impacted b project Engr. Tech
As required Construction Inspection Inspector is available to receive and Engr. Tech
respond to complaints
5/10/04 Notice to owners of Mail hearing notice, proposed resolution, Project Engr.
hearing to finalize district and final cost to each owner.
Notice of approval of the Mail approved resolution to each property
5/26/04 resolution to finalize the owner along with notice that the sewer is Project Engr.
district available for connection
Prepared by: Greg N. Berry 5/10/04
Approved by: P -
CITY OF TIGARD, OREGON
RESOLUTION NO. 01- 41P
A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED
AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE
PROGRAM
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on October 13, 1998, the City Council established The Neighborhood. Sewer Reimbursement
District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer.
The program was offered for a two-year period after which the program would be evaluated for
continuation; and
WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement
District Incentive Program an additional two years through Resolution No. 00-60; and
WHEREAS, City Council finds that residential areas that remain without sewer service should be provided
with service within five years; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners to promptly connect to sewers once service is available and that owners who have paid for service
provided by previously established districts of the Neighborhood Sewer Extension Program should receive
the benefits of the additional incentives.
NOW, THEREFORE, BE IT RE.SOLAMD by the Tigard City Council that:
SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District
Incentive Program is hereby repealed.
SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer
Extension Program. This incentive program shall apply to sewer connections provided
through the Lewer reimbursement districts shown on the attached Table 1 or established
thereafter. All connections qualifying under this program must be' completed within
three years after Council approval of the final City Engineer's Report following u
public hearing conducted in accordance with TMC Section 13.09.105 or by two years
from the date this resolution is passed, which ever is later, as shown on the attached
Table 1.
SECTION 3: To the extent that the reimbursement fee determined in accordance with Section
13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot
zoned single family residential shall not exceed $6,000 per connection, provided that the
lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be
reimbursed by the owner. This applies only to the reimbursement fee for the sewer
installation and not to the connection fee, which is still payable upon application for
RESOLUTION NO. 018P
Page 1
sewer connection.
SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions
of this incentive program. Residential lot owners who do not connect to sewer in
accordance with Section 2 shall pay the full reimbursement amount as determined by the
final City Engineer's Report.
SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is
entitled to reimbursement from the City. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. The Finance Director shall make payment to all
persons entitled to the refund no later than August 31, 2001.
SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer
Reimbursement District Program, shall provide the funding for the installation costs
over $6,000 up to a maximum of $15,000 per connection.
EFFECTIVE DATE: July 10, 2001
fem..
PASSED: This, day of 2001.
0
ayor 4Cif 'and
ATTEST:
Recorder - City of 'hgard
r:%aWw kAFj s\Rm1adoa Revising at NeWfl Awd sewer ln=dw Pr-W=
RESOLUTION NO.01-.:z(/
Page 2
TABLE 1
Relmbumement Dlstrlcts with Refunds Avallable
DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS
TIGARD ST.No.8 5,193 No reimbursement available
FAIRHAVEN STANYNo.9 4,506 No roimbursemerit avallable
HILLVIEW ST No.11 8,000 July 11, 2003
108"" & JOHNSON No.12 5,598 No reimbursement available
1007" & INEZ No.13 8.000 July 11,2003
WALNUT b TIEDEMAN No.14 8,000 July 11,2003
BEVELAND&HERMOSA No.15 5,036 No rekrkrsement available
DELMONTE No.18 8,000 Juy 11,2003
07AARANo.17 8,000 Juy 11,2003
tivAL NuT 6 1211 Na.ta - Amount to be ratmburmW w01 be Throo yearo from sarvtoo a"Nabnlty
'ROSE VISTA No2O determined once final costs are determined.
'Currently being constructed
CITY OF TIGARD, OREGON
RESOLUTION NO.03- 5
A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD
SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46).
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood
Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to
connect to public sewer within three-years following construction of sewers; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners of large lots to promptly connect to sewers once service is available.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: In addition to the incentives provided by Resolution No. 0146, any person whose
reimbursement fee exceeds $15,000 and wishes to connect a single family home or
duplex to a sewer constructed through a reimbursement district may defer payment of
the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of
Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance
with a land use permit. The land use permit shall not be issued until payment of the
deferred amount is made. The Annual Fee Adjustment required by TMC Section
13.09.115 shall not apply to payment of this deferred amount.
SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the
three-year period for connection, and have not connected to sewer can connect the
existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion
of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed
within one year after the effective date of this resolution.
SECTION 3: Vacant lots improved with a single family home or duplex during the term of the
reimbursement district shell qualify for the provisions of Resolution No. 0146, pay
$6,000 ill the fee exc--eds that amount, and may defer payment of the portion of the
reimbursement fee that exceeds $15,000 as provided by Section 1.
SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay
a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time
of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall
not apply to payments made under this section.
SECTION 5: The owner of any lot for which deferred payment is requested must enter into an
agreement with the City, on a form prepared by the City Engineer, acknowledging the
RESOLUTION NO.03- 55
Page 1
owner's and owner's successors obligation to pay the deferred amount as described in
Section 1. The City Recorder shall cause the agreement to be filed in the office of the
County Recorder to provide notice to potential purchasers of the lot. The recording will
not create a lien. Failure to make such a recording shall not affect the obligation to pay
the deferred amount.
SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the
portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for
that amount from the City upon request. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. Any person requesting a refund must sign an
agreement similar to that described in Section 5 acknowledging the obligation to pay the
refunded amount upon partitioning or developing the lot.
SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood
Sewer Reimbursement District Program and shall provide the funding for the installation
costs over $6,000 up to a maximum of $15,000 per connection and for any deferred
payment permitted by this resolution.
SECTION 8: This resolution is effective immediately upon passage.
PASSED: This day of Qt,+obz 2003.
OFT-igard
Craig E. Dirksen, Council President
ATTEST:
City lecorder - City of Tigard 0
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1
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I
RESOLUTION NO. 03- 55
Page 2