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City Council Packet - 03/28/2006 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING March 28, 2006 COUNCIL MEETING WILL BE TELEVISED 1: \Ofs\Do n n a's\Ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. t For Agenda of S I O (v Tigard City Council Meeting Minutes Date: March 28, 2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Tom Woodruff Absent: Councilor Wilson Agenda Item Discussion & Comments Action Items follow u Study Session > Police Holding Facility Tour and Audit The Mayor and Council toured and inspected the Police Department temporary holding facility as recommended during a recent audit by the State Department of corrections. The State inspection report is on file in the City Recorder's office. > Review of Fiscal Year 2006-07 Community Event Funding Requests Staff presenter: Finance Director Sesnon. City Council reviewed the applications for Community Event Grants, which are on file in the City Recorder's office. According to the funding policy of the Budget Committee set in prior years, $49,400 is available for these requests. The applications received total $48,400. Council members discussed the application grants. Below are key points of the discussion: • There was discussion about concerns regarding the Balloon Festival which is now charging the Caring Community $2500 for tent rental in addition to a surcharge to those Tigard City Council Meeting Minutes March 28, 2006 Page 1 Agenda Item Discussion & Comments Action Items follow u attending the fundraising event. Council consensus was to ask event organizer Dave Nicoli, to attend an upcoming Council meeting to discuss the Festival's budget and charges for the event. There was brief discussion about the amount of the City's contribution including the in-kind support from the Police and Public Works Departments. The Balloon Festival is one of the city- sponsored events for which there is a sponsorship agreement. In order to change City funding, the agreement states that one year's notice must be given. • 4`h of July - This is a free family event. • Tualatin Riverkeepers - During discussion, it was noted that this organization has filed legal actions against the City. It was agreed that such activity should be reviewed and a report given to the Budget Committee before final funding commitment of the grant requested. Staff was also requested to find out what other jurisdictions are contributing to the Riverkeepers. • The Chamber of Commerce requested funds for a Leadership Institute. The understanding was that this Institute would augment the City's program. More information about how much the Chamber would charge participants was requested by the City Council to be included as part of the presentation information for the Budget Committee. > Regulation of Payday Lending Businesses Staff presenter: Finance Director Sesnon Mayor Dirksen requested that staff research and bring forward for City Council discussion possible regulations for payday lending businesses within the City of Tigard. The staff report to the City Council outlined the activity of these lending businesses, the inaction at the Tigard City Council Meeting Minutes March 28, 2006 Page 2 Agenda Item Discussion & Comments Action Items follow u state level to adopt regulations, and how some municipalities have enacted ordinances to regulate these businesses within their jurisdictions. The City of Portland, which enacted an ordinance to regulate this type of business, has been sued by one of the businesses affected. After discussion, City Council consensus was for staff to monitor what the result is in other jurisdictions with regard to legal challenges. City Attorney Firestone advised it is likely there will be a trial court decision within the next year. > Discuss Action to Terminate the Urban Services Intergovernmental Agreement with Washington County. (See agenda Item No. 9). Staff will advise Council on the background of the Urban Services Agreement and why a change is now being recommended. > City Attorney Firestone noted that if public comment is offered on a possible application for a Wal-Mart store at a Tigard location, Council members will need to declare any information they hear as an ex parte contact if this matter should, in the future, come before the Council during a land use hearing. City Manager Prosser advised that there has been speculation about a Wal-Mart store locating in Tigard, but City officials do not know for certain if it is a Wal- Mart. Study Session - > Items for Tonight's Business Meeting Administrative - A revised agenda was distributed with the Items following changes noted: - Added 1.5 - Status Community Attitude Survey and Schedule Meeting - A Special City Council Meeting will be held on April 4, 2006, to discuss the survey. - Added 9 - Discussion of Urban Services Intergovernmental Agreement - Revised Packet Materials Item 3.5 - Attached is a revised Tigard City Council Meeting Minutes March 28, 2006 Page 3 Agenda Item Discussion & Comments Action Items follow u Resolution for the Skate Park Grant Application. The 4`h "Whereas" clause now reads: "WHEREAS, the City Council selected the City Hall parking lot area as the preferred City-owned site valued at $195,000; and" > Procedure for City Manager Review - Councilor Sherwood and Councilor Woodruff are reviewing formats and examples for evaluations and will present a proposal to the Mayor and Council. Councilor Harding requested to review all the forms. The City Manager Review is tentatively scheduled for April 25, 2006. > Chamber Shining Stars Banquet RSVP: Mayor Dirksen (2); Councilor Sherwood (1); Councilor Harding (1); Councilor Woodruff (2). Also attending Police Chief Dickinson (1). Study Session concluded at 7:25 p.m. Business 1.1 Mayor Dirksen called the City Council, the Local Meeting Contract Review Board, and the City Center Development Agency to Order at 7:30 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, and Woodruff Council Absent: Wilson 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports Councilor Sherwood mentioned we are in the process of redoing the Comprehensive Plan. 1.5 Status Report of Community Attitude Survey Councilor Sherwood noted that a firm has been chosen to conduct a Community Attitude Survey, which will be used to find out what people want. The Council will be meeting in the next week to help formulate survey questions. Tigard City Council Meeting Minutes March 28, 2006 Page 4 Agenda Item Discussion & Comments Action Items follow u 2. 2.1 Tigard High School Student Envoy Krista Report/no action Citizen Foltz gave a report on recent and future Communication activities. A copy of report highlights is on file in the City Recorder's office. 2.2 Pam Brown, representing the Tigard Chamber Councilor Harding asked of Commerce noted that their Shining Stars staff to report to the Council Banquet will be held at Crown Plaza from 6-9 whether any City employees p.m. on April 21. Ms. Brown asked the Council have been called to active for their support of Oregon Army National guard duty. Guard's 41" Brigade Combat Team, being mobilized for active duty. The American The Blue Star Flag will hang Legion Post 158 and the VFW have given their in the window of the City support. Mayor Dirksen read and presented a Hall lobby. Proclamation Adopting the Headquarters and Headquarters Company 41" Brigade Combat Team for the purpose of helping to generate local support from Tigard area businesses and citizens for the soldiers and families of this unit. The American Legion gave the City a Blue Star Flag in honor of the 41" Brigade. 2.3 City Attorney Ramis cautioned that citizen comments at this point in the meeting are limited to items not on the agenda. He asked that those wishing to address a particular issue hold their comments until the agenda item comes up. If anyone wants to speak on a particular land use issue, their comments to the Council now would be considered ex parte communication and Council has been advised not to speak on those topics. Sue Bielke, of 11755 SW 114`'' Place, Tigard, OR 97223, spoke about her concern that not enough citizens are involved in the comprehensive plan update or are educated about how to get involved. She said there may not be enough citizen input. Mayor Dirksen pointed out that the members of the Planning Committee are citizens of Tigard. He suggested that people read the Cityscape. Ms. Bielke said she was glad the City is doing a survey. Councilor Sherwood noted that Council has asked for a complete update of the Tigard City Council Meeting Minutes March 28, 2006 Page 5 Agenda Item Discussion & Comments Action Items follow u plan this year. They have just started and there is citizen involvement planned. She said people will hear more about this as the year progresses. Representative Larry Galizio, of 16455 SW 93"' Avenue, Tigard, OR 97224, expressed concern about a pre-application submittal for a large retail store. He said he believed this proposed site is for a Wal-Mart but their strategy is not to put their name on the application. He wrote a letter to Wal-Mart's corporate leadership asking for confirmation but has not yet received a reply. He said he has formed a new group, "Tigard First," to seek honest answers and help make informed choices. He urged the City Council to take steps, before this application becomes final, to get more public input. He is very concerned about the impacts on traffic, small businesses, the environment, health care, as well as Tigard's proposed downtown revitalization. He asked the Council to take action now and look at the effects of these big box stores and demand more time for public scrutiny. Councilor Harding agreed that the Council does have responsibilities before them but on the other hand, Measure 37 must be factored in. She asked for his help in the state legislature fixing Measure 37. Mayor Dirksen said development of any kind is worthy of close scrutiny. He said the city has not spoken to Wal-Mart or anyone who is representing Wal-Mart. John Frewing signed up to speak but was not present. Sue Bielke turned in his written comments to the City Attorney. The City Attorney said the issue he signed up for already had a public hearing so his comments received tonight will not be entered into the public record. Tigard City Council Meeting Minutes March 28, 2006 Page 6 Agenda Item- Discussion & Comments Action Items follow u 3. 3.1 Approve Council Minutes for February 14 and Motion by Councilor Consent 21, 2006 Sherwood, seconded by Agenda Councilor Woodruff to approve the Consent Agenda with the revised Agenda Item 3.5. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Woodruff Yes 3.2 Approve City Center Development Agency Approved Minutes from February 21, 2006 3.3 Appoint New Members to the Building Appeals Board: Michael Kringlen, Doug Colling, Jeff Approved Jurrens, Eric Watson, Gerald McKee, and Alan Mitchell - Resolution No. 06-12 RESOLUTION NO. 06-12 -A RESOLUTION OF THE TIGARD CITY COUNCIL APPOINTING MICHAEL KRINGLEN, DOUG COLLING, JEFF JURRENS, ERIC WATSON, GERALD MCKEE AND ALAN MITCHELL TO THE TIGARD BUILDING APPEALS BOARD 3.4 Approve Library Policies Approved 3.5 Approve Submission of a Grant Application to Approved Obtain Matching Funds to Construct the Jim Griffith Memorial Skate Park RESOLUTION NO. 06-13 - A RESOLUTION AUTHORIZING THE SUBMITTAL TO THE OREGON PARK AND RECREATION DEPARTMENT (OPRD) AN APPLICATION FOR STATE FUNDS AVAILABLE THROUGH THE STATE OF OREGON'S LOTTERY LOCAL Tigard City Council Meeting Minutes March 28, 2006 Page 7 Agenda Item Discussion & Comments Action Items follow u GOVERNMENT GRANT PROGRAM AS A MEANS FOR PROVIDING MATCHING FUNDS TO CONSTRUCT THE JIM GRIFFITH MEMORIAL SKATE PARK 3.6 Appoint Carol Krager as Deputy City Recorder Approved RESOLUTION NO. 06-14 -A RESOLUTION OF THE TIGARD CITY COUNCIL APPOINTING CAROL KRAGER AS DEPUTY CITY RECORDER 3.7 Local Contract Review Board Approved a. Award Contract to Morse Brothers, Inc., for the Construction of the Fiscal Year 2005-06 Pavement Major Maintenance Program (PMMP) - Phase 2 b. Award Contract to NW Kodiak Construction for the Construction of Highland Drive Storm Drainage Improvements 4. PUBLIC HEARING - 2006 US DEPARTMENT Motion by Councilor Public Hearing OF JUSTICE/EDWARD BYRNE MEMORIAL Woodruff, seconded by - 2006 U.S. JUSTICE ASSISTANCE GRANT GAG) Councilor Sherwood to Dept. of approve the grant Justice/ Mayor Dirksen opened the public hearing. Police application. Edward D. Chief Dickinson reported that the city is eligible to Byrne Memorial receive $12,001. Holding a Public Hearing is a The motion was approved Justice condition of accepting these grant funds. The by a unanimous vote of Assistance Police Department recommends that the funds be Council present. Grant GAG) used for cellular air cards which will improve service to all parts of the city, which they are presently Mayor Dirksen Yes experiencing some difficulty reaching, through Councilor Harding Yes WCCCA. Additionally, these air cards would enable Councilor Sherwood Yes the department to transmit photos to officers in the Councilor Woodruff Yes field. Councilor Woodruff commented that the biggest expense is the monthly air time. He asked if this grant only pays for the first 12 months. Chief Dickinson said it could, but the city has received this grant every year. He said they could compare what is being paid to WCCCA and the service the city is receiving from them. When asked by Councilor Harding if the grant could be used for anything else, Chief Dickinson said they do have the opportunity to change their minds. He discussed current Tigard City Council Meeting Minutes March 28, 2006 Page 8 Agenda Item Discussion & Comments Action Items follow u WCCCA upgrade activity. As no one had signed up to speak, Mayor Dirksen asked those present if there was anyone wishing to offer public testimony. There was none. Mayor Dirksen closed the public hearing. Councilor Woodruff advised caution with using grants for on- going obligations. 5. The City Attorney noted that after the Land Use Motion by Councilor Further Board of Appeals deliberated this item, staff Woodruff, seconded by Consideration prepared comments reflecting those findings and an Councilor Sherwood to and additional condition. The staff recommendation is adopt Resolution No. 06-15. Deliberation of to approve Resolution 06-15. a Resolution Adopting RESOLUTION NO. 06-15 - A RESOLUTION The motion was approved Additional AND FINAL ORDER SUPPLEMENTING by a 3-1 vote of the Council Findings and RESOLUTION 06-09 APPROVING THE ASH present Imposing an CREEK ESTATES SUBDIVISION Additional (SUBDIVISION (SUB) 2003-00010/ PLANNED Mayor Dirksen Yes Condition for DEVELOPMENT REVIEW (PDR) 2003- Councilor Harding No the LUBA 00004/ZONE CHANGE (ZON) 2003- Councilor Sherwood Yes Remand of Ash 00003/SENSITIVE LANDS REVIEW (SLR) Councilor Woodruff Yes Creek Estates 2003-00005/ADJUSTMENT (VAR) 2003-00036/ Subdivision ADJUSTMENT (VAR) 2003-00037) - ON REMAND FROM LUBA; AND ADOPTING ADDITIONAL FINDINGS AND IMPOSING AN ADDITIONAL CONDITION 6. Mayor Dirksen opened the public hearing. The City Motion by Councilor Formation of Attorney asked for any declarations or challenges. Sherwood, seconded by Sanitary Sewer City Engineer Duenas presented a report on Councilor Woodruff to Reimbursement formation of this sewer reimbursement district. He adopt Resolution No. 06-16. District No. 36 noted that this will be constructed this summer. (SW 93`d Ave.) The updated budget estimate is $506,305. Two lots are too deep to be served by this line. In response The motion was approved to a question from Councilor Harding, City by a unanimous vote of the Engineer Duenas advised the budget estimate was Council present based on the soils report and engineering fees have been added. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood asked about two lots unable to Councilor Sherwood Yes be served by this line. Mr. Duenas said one could Councilor Woodruff Yes gain access to sewer from another street. He notified the other property owner but did not receive a Tigard City Council Meeting Minutes March 28, 2006 Page 9 Agenda Item Discussion & Comments Action Items follow u response. Councilor Woodruff asked if any property owners of this proposed district were in attendance and several people stood. He asked Mr. Duenas to make sure we let them know what the next step is and keep them informed. Larry Caufield, 9145 SW Mountain View Lane, Tigard, asked how long construction would take. Mr. Duenas replied that it would take 45 days after the bid is awarded and the pre-construction meeting takes place. Mr. Caufield asked what the amount of the contingency was. Mr. Duenas said there was 15% for contingencies and 13 '/z% was added for administration and engineering fees. There being no further public testimony, Mayor Dirksen closed the Public Hearing. RESOLUTION NO. 06-16 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 36 (SW 93 11D AVENUE) 7. Express City Engineer Duenas gave a PowerPoint Councilor Sherwood Support to presentation on ODOT's STIP (State motioned to approve Include Certain Transportation Improvement Program) project Resolution No. 06-17 and Key Projects in categories and list of projects. He highlighted those Councilor Harding seconded the 2008-2011 projects listed that will benefit Tigard: the motion. State Transpor- tation Improve- • I-5 SB/I-205 merge acceleration lane The motion was approved ment Program • I-5 Wilsonville interchange by a unanimous vote of (STIP) • Hall Blvd. paving (the section from Scholls Council present. . Ferry to Durham Road especially) • Hwy 99 railroad bridge (current bridge is not Mayor Dirksen Yes designed for overweight loads and does not Councilor Harding Yes meet seismic requirements). The city can get Councilor Sherwood Yes involved in the design especially pier spacing Councilor Woodruff Yes and the potential for aesthetic improvement) Councilor Harding noted that we have received support from other jurisdictions for ODOT projects that benefit Tigard. Tigard City Council Meeting Minutes March 28, 2006 Page 10 Agenda Item Discussion & Comments Action Items follow u RESOLUTION NO. 06-17 - A RESOLUTION PROVIDING CITY COUNCIL INPUT INTO THE DRAFT 2008-2011 STIP (STATE TRANSPORTATION IMPROVEMENT PROGRAM)AND EXPRESSING STRONG SUPPORT FOR INCLUSION OF CERTAIN KEY PROJECTS IN THE FINAL STIP 8. Surface Water Quality/Volunteer Coordinator Presentation on Staedter gave a PowerPoint presentation on Tigard's the City's Parti- participation in the Healthy Streams Plan. cipation in the She discussed the City's targeted goals relating to Healthy tree planting, outfalls and culverts. Benefits of Streams Plan healthy stream practices in the Tigard area include improved fish habitat and passage, stream structure stabilization, erosion control, and stream bank protection. She reported that 125 community volunteers planted 1,250 trees on March 4, 2006. She wanted to alert the Council to a future item for the next business meeting. There will be consideration of an Intergovernmental Agreement with Clean Water Services for a large restoration on Fanno Creek. Councilor Woodruff thanked her for the report and for her passion about taking care of the environment. Mayor Dirksen also expressed his appreciation and said it was a tribute to the community that such a large number of citizen volunteers came out to plant trees this winter. 9. Consider Interim Community Development Director Coffee Motion by Councilor Action to gave historical background on the Intergovern- Woodruff, seconded by Terminate the mental Agreement between Washington County and Councilor Sherwood to Urban Services Tigard that allowed Tigard to provide development direct staff to notify Intergovern- review, building inspection services and road Washington County that the mental Agree- maintenance to the unincorporated area of Bull Tigard City Council wishes ment with Mountain. Properties have been annexed, mostly to terminate the existing Washington Co. contiguous with Tigard, but a few were not Urban Services Intergovern- contiguous. Some projects have been controversial. mental Agreement and to work with Washington At the time the IGA was drawn up, Washington County officials to determine County acknowledged that accessibility to services if modifications could be in Tigard would be closer for this area than made for terms of a new Tigard City Council Meeting Minutes March 28, 2006 Page 11 Agenda Item Discussion & Comments Action Items follow u Washington County, which is located in Hillsboro. agreement. Washington County also assumed that this area, located in the urban growth boundary, should The motion was approved by a eventually annex to Tigard and the County would unanimous vote of Council not oppose this annexation. At this time, most present. developable land is developed and most lots are Mayor Dirksen Yes subdivided. Councilor Harding Yes Councilor Sherwood Yes Washington County discussed terminating or Councilor Woodruff Yes amending this agreement at their workshop meeting, attended by City Manager Prosser and Interim Community Development Director Coffee, who delivered a draft letter from Mayor Dirksen. The County will be making a decision tonight on this matter as 90-day's notice must be given to terminate and the agreement ends or is extended in July. City Manager Prosser referred to a letter written to Washington County by the Friends of Bull Mountain, dated February 24, 2006. A copy was not sent to the City but Washington County provided one to the City Manager. He said this letter contained several points that are factually incorrect and he clarified those points below. The letter indicated that Tigard withheld building and occupancy permits - it did not. There was one instance where an occupancy permit was withheld. for Alberta Rider School because the project manager needed to obtain building permits. He said the letter stated that Tigard collected System Development Charges and didn't account for them. He said that is absolutely incorrect. Concerns were expressed in the letter that Tigard collected traffic impact fees (TIF's) and used them to make improvements within the City. In fact, the City has done that (with the approval of the County) on those roads that serve Bull Mountain and help residents access their residential areas and travel to areas within the City. Accounting for these funds was provided to the Friends of Bull Mountains numerous times. The letter stated that Tigard disregarded the requirements of the Bull Mountain Community Plan. City Manager Prosser said if you look at the development pattern on Bull Mountain you will see Tigard City Council Meeting Minutes March 28, 2006 Page 12 Agenda Item Discussion & Comments Action Items follow u that it has developed as provided in the plan. High density areas are located on the lower part of the mountain and less density on the upper part. He said they are concerned that the City has not provided parks. This is part of a larger issue and as Council is aware, the City has developed a list of properties it is pursuing. He said the Friends stated that termination of the IGA would prevent future annexations. That is incorrect. As property owners continue to come to the City and voluntarily request annexation, it will continue to process those requests. He said this IGA has no effect on annexation. The Washington County Commissioners' meeting tonight was attended by Assistant to the City Manager Newton. She reported the County had voted to provide written notice of termination of the Urban Services Intergovernmental Agreement to the City of Tigard, effective July 1, 2006; and that the County desires to enter into negotiations with the City about a possible modified agreement. Ms. Newton said the Commissioners focused on the positive partnerships between Tigard and Washington County and that this did not imply any criticism of the City of Tigard. Councilor Harding expressed concerns about the process used to reach the agreement to terminate. She would have liked all parties concerned to meet on this at the same time. Councilor Sherwood said the City needs to focus on our Comprehensive Plan and urban renewal; things going on in our own city. Councilor Harding said she would like to see Tigard be the best it can be, living within its boundaries. She noted the amount of conflict brought forth by this issue and unincorporated area residents are now able to take their issues to the County. Councilors Woodruff and Harding asked if Tigard would be eliminating positions now that it is not Tigard City Council Meeting Minutes March 28, 2006 Page 13 Agenda Item Discussion & Comments Action Items follow u collecting SDC's from Bull Mountain. City Manager Prosser said two new positions for plan review and inspection had been added to the proposed budget. They will be removed. However, if the agreement is delayed, these positions may be filled temporarily. Once City staff hears from the County, staff will return to the City Council for additional direction. Meeting adjourned at 9:40 p.m. Motion by Councilor Sherwood, seconded by Councilor Harding, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Woodruff Yes Catherine Wheatley, City ecorder Attest: f Mayor, ity of Tigard Date: QLP i:\adm\cathy\ccm\2008\080328.doc Tigard City Council Meeting Minutes March 28, 2006 Page 14 c. i , City of Tigard, Oregon Affidavit of Notification CITY OF TIGARD OREGON In the Matter of the Notification of a Revised Council Agenda for March 28, 2006 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, 66T_HfePMEWHj[-ATL&j , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/ organizations by fax of- o Revised Agenda for the March 28, 2006, Tigard City Council meeting. A copy of said Notice being hereto attached and by reference made a part hereof, on the o) 14-~h day of7mar~_Chl _'20 . EY Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) H" Editor, The Regal Courier (Fax No. 503-968-7397) Signature of Person who erfo oe Notification Subscribed and sworn (or affirmed) before me this 2 '7 F` day of ~Gl~ c 4 , 20 4 4 . OFFICIAL SEAL -Zf ~0_7_0 CAROL A KRAGER NOTARY PUBLIC-OREGON Signature of Notary Public for regon COMMISSION NO. 402780 MY COMMISSION EXPIRES FEBRUARY23, 2010 ed agenda.dac 03/24/2006 17:36 FAX 5036847297 City of Tigard IA001 x~ MULTI TX/RX REPORT sss TX/RX NO 0935 PGs. 6 TX/RX INCOMPLETE TRANSACTION OR I 0615035460724 TT Newsroom [ 0915039686061 Oregonian ERROR INFORMATION [ 1115039687397 Regal Courier IMS CITY OF TIGARD NOTICE OF REVISED CITY COUNCIL AGENDA FOR MARCH 28, 2006 Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Notice is hereby given that the March 28, 2006, City Council meeting agenda has been revised and the revised agenda follows this cover page. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410. 7 City Record Date: 3 N-P Post: Tigard City Hall Tigard Permit Center Tigard Public Library [:Wmlcalhy%cound 4 eUng nulicaslce meegng noUCasMollce of carmegallon -march 71, YOgg amnd meegnp.doc CITY OF TIGARD NOTICE OF REVISED CITY COUNCIL AGENDA FOR MARCH 28, 2006 Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Notice is hereby given that the March 28, 2006, City Council meeting agenda has been revised and the revised agenda follows this cover page. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410. (c' City Record r Date: '3 ' 4,1' Post: Tigard City Hall Tigard Permit Center Tigard Public Library iAadmkathy\counciNneeting noticestcc meeting noticestnotice of cancellation - march 14, 2006 council meeting.doc r rat Revised March 24, 2006 Item 1.5 added to Council Communications Study Session & Item 9 - Council Discussion on Action to Terminate the Urban Services Intergovernmental Agreement with Washington County TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD & CITY CENTER DEVELOPMENT AGENCY MEETING March 28, 2006 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 P.M. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (I`DD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (fDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - March 28, 2006 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING MARCH 28, 2006 6:30 PM • STUDY SESSION > Police Holding Facility Tour and Audit • Police Staff > Review of Fiscal Year 2006-07 Community Event Funding Requests • Finance Staff > Regulation of Payday Lending Businesses • Finance Staff > Discuss Action to Terminate the Urban Services Intergovernmental Agreement with Washington County • Community Development Staff • 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 PNI 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board, and City Center Development Agency 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Status Report on Community Attitude Survey - Community Development Staff 1.6 Call to Council and Staff for Non-Agenda Items COUNCIL AGENDA - March 28, 2006 page 2 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Krista Foltz • Follow-up to Previous Citizen Communication 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 Council Minutes for February 14 and 21, 2006 3.2 Approve City Center Development Agency Minutes for February 21, 2006 3.3 Appoint New Members to the Building Appeals Board: Michael Kringlen, Doug Colling, Jeff Jurrens, Eric Watson, Gerald McKee, and Alan Mitchell - Resolution No. 06- 3.4 Approve Library Policies 3.5 Approve Submission of a Grant Application to Obtain Matching Funds to Construct the Jim Griffith Memorial Skate Park - Resolution No. 06- 3.6 Appoint Carol Krager as Deputy City Recorder - Resolution No. 06- 3.7 Local Contract Review Board a. Award Contract to Morse Brothers, Inc., for the Construction of the Fiscal Year 2005-06 Pavement Major Maintenance Program (PMMP) - Phase 2 b. Award Contract to NW Kodiak Construction for the Construction of Highland Drive Storm Drainage Improvements • 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. 4. PUBLIC HEARING - 2006 US DEPARTMENT OF JUSTICE/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT GAG) a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Police Staff d. Public Testimony: Proponents Opponents e. Staff Recommendation f. Close Public Hearing g. Staff Recommendation COUNCIL AGENDA - March 28, 2006 page 3 5. FURTHER CONSIDERATION AND DELIBERATION OF A RESOLUTION ADOPTING ADDITIONAL FINDINGS AND IMPOSING AN ADDITIONAL CONDITION FOR THE LAND USE BOARD OF APPEALS (L,UBA) REMAND OF ASH CREEK ESTATES SUBDIVISION (SUB2003-00010/ZON2003-00003/PDR2003- 00004/SLR2003-00005 /VAR2003-0036/VAR2003-0037) The State Land Use Board of Appeals (LUBA) has remanded for a second time the City Council's approval of a 29-lot Planned Development Subdivision on 9.3 acres and associated Zone Change, Sensitive Lands, and Adjustment reviews to address a single issue relating to tree preservation. As limited by LUBA, the issue remanded is whether the tree plan preserves trees to the greatest extent possible, given that the second tree plan does not protect 23 trees designated for protection in the original tree plan, but not designated for protection in the revised tree plan previously approved. On this second remand, the applicant has submitted a second revised tree plan that amends the first revised tree plan by designating for protection the 23 trees specifically mentioned by LUBA. A full copy of LUBA's Final Opinion and Order can be obtained from City Hall at cost, or is also available online at http://luba.state.or.us/pdf/2005/sept05/05042.htm. LOCATION: 9750 SW 74th Avenue; WCTM 1S125DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The only applicable criterion on the issue on which LUBA remanded is CDC 18.350.100.B.3.a.1, which requires that planned developments protect existing trees to the greatest degree possible. At its February- 28, 2006 meeting the City Council approved Resolution No. 06-09 approving the Ash Creek Estates Subdivision. At that meeting, the council requested the City Attorney's office prepare a supplemental resolution and findings to respond to oral and written comments at the public hearing. a. Procedural Status: City Attorney b. Staff Report: Community Development Staff and City Attorney c. Staff Recommendation d. Council Discussion e. Council Consideration: Resolution No. 06- 6. FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 36 (SW' 93Ri) AVENUE) a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Engineering Staff d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Resolution No. 06- 7. EXPRESS SUPPORT TO INCLUDE CERTAIN KEY PROJECTS IN THE 2008-2011 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) a. Staff Report: Engineering Staff b. Council Discussion c. Council Consideration: Resolution No. 06- COUNCIL AGENDA - March 28, 2006 page 4 8. PRESENTATION ON THE CITY'S PARTICIPATION IN THE HEALTHY STREAMS PLAN a. Staff Report: Public Works Staff 9. CONSIDER ACTION TO TERMINATE THE URBAN SERVICES INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY a. Staff Report: Community Development Staff 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. 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. 13. ADJOURNMENT i:tadmkathy\ccaV006\060328.doc COUNCIL AGENDA - March 28, 2006 page 5 City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of a Revised Council Agenda for March 28, 2006 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, CbAT~ E 14'& I LE , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon a copy of the revised agenda for the March 28, 2006 City Council meeting.. A copy of said, revised agenda being hereto attached and by reference made a part hereof, on the t~ day of :M Q-/L~ '20 OCv Signature of Person who Performed Posting Subscribed and sworn (or affirmed) before me this ~2 7""4- day of GL/G A- , 20 D OFFICIAL SEAL CAROL A KRAGER u/ NOTARY PUBLIC-OREGON Signature of Notary Public for Oregon COMMISSION NO. 402780 #my COMMISSION EXPIRES FEBRUARY 23, 2010 iAadm\cathytcounc114nee1ing noticest2006t060328 revised agenda.doc ~ e ft Revised March 24, 2006 Item 1.5 added to Council Communications Study Session & Item 9 - Council Discussion on Action to Terminate the Urban Services Intergovernmental Agreement with Washington County TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD & CITY r~ CENTER DEVELOPMENT AGENCY MEETING March 28, 2006 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 P.M. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:3012.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 (I'DD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (IDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - March 28, 2006 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING MARCH 28, 2006 6:30 111M • STUDY SESSION > Police Holding Facility Tour and Audit • Police Staff > Review of Fiscal Year 2006-07 Community Event Funding Requests • Finance Staff > Regulation of Payday Lending Businesses • Finance Staff > Discuss Action to Terminate the Urban Services Intergovernmental Agreement with Washington County • Community Development Staff • EIZECUTIVE 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 PNI 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board, and City Center Development Agency 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Status Report on Community Attitude Survey - Community Development Staff 1.6 Call to Council and Staff for Non-Agenda Items COUNCIL AGENDA - March 28, 2006 page 2 V' 1 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Krista Foltz • Follow-up to Previous Citizen Communication 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 Council Minutes for February 14 and 21, 2006 3.2 Approve City Center Development Agency Minutes for February 21, 2006 3.3 Appoint New Members to the Building Appeals Board: Michael Kringlen, Doug Colling, Jeff Jurrens, Eric Watson, Gerald McKee, and Alan Mitchell - Resolution No. 06- 3.4 Approve Library Policies 3.5 Approve Submission of a Grant Application to Obtain Matching Funds to Construct the Jim Griffith Memorial Skate Park - Resolution No. 06- 3.6 Appoint Carol Krager as Deputy City Recorder - Resolution No. 06- 3.7 Local Contract Review Board a. Award Contract to Morse Brothers, Inc., for the Construction of the Fiscal Year 2005-06 Pavement Major Maintenance Program (PMMP) - Phase 2 b. Award Contract to NW Kodiak Construction for the Construction of Highland Drive Storm Drainage Improvements • Consent Agenda - Items Removed, or Separate Discussion: Any items requested to he removed from the Consent Agenda for separate discussion ev411 he considered immediately after the Council has voted on those items which do not need discussion. 4. PUBLIC HEARING - 2006 US DEPARTMENT OF JUSTICE/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT QAG) a. Open Public Hearicig b. Declarations or Challenges c. Staff Report: Police Staff d. Public Testimony: Proponents Opponents e. Staff Recommendation f. Close Public Hearing g. Staff Recommendation a COUNCIL AGENDA - March 28, 2006 page 3 5. FURTHER CONSIDERATION AND DELIBERATION OF A RESOLUTION ADOPTING ADDITIONAL FINDINGS AND IMPOSING AN ADDITIONAL CONDITION FOR THE LAND USE BOARD OF APPEALS (LUBA) REMAND OF ASH CREEK ESTATES SUBDIVISION (SUB2003-00010/ZON2003-00003/PDR2003- 00004/SLR2003-00005 /VAR2003-0036 /VAR2003-0037) The State Land Use Board of Appeals (LUBA) has remanded for a second time the City Council's approval of a 29-lot Planned Development Subdivision on 9.3 acres and associated Zone Change, Sensitive Lands, and Adjustment reviews to address a single issue relating to tree preservation. As limited by LUBA, the issue remanded is whether the tree plan preserves trees to the greatest extent possible, given that the second tree plan does not protect 23 trees designated for protection in the original tree plan, but not designated for protection in the revised tree plan previously approved. On this second remand, the applicant has submitted a second revised tree plan that amends the first revised tree plan by designating for protection the 23 trees specifically mentioned by LUBA. A full copy of LUBA's Final Opinion and Order can be obtained from City Hall at cost, or is also available online at htt2://tuba.state.or.us/12df/2005/septO5/05042.htm. LOCATION: 9750 SW 74th Avenue; WCTM 1S125DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally: Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The only applicable criterion on the issue on which LUBA remanded is CDC 18.350.100.B.3.a.1, which requires that planned developments protect existing trees to the greatest degree possible. At its February 28, 2006 meeting the City Council approved Resolution No. 06-09 approving the Ash Creek Estates Subdivision. At that meeting, the council requested the City Attorney's office prepare a supplemental resolution and findings to respond to oral and written comments at the public hearing. a. Procedural Status: City Attorney b. Staff Report: Community Development Staff and City Attorney c. Staff Recommendation d. Council Discussion e. Council Consideration: Resolution No. 06- 6. FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 36 (SW 93aI) AVENUE) a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Engineering Staff d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Resolution No. 06- 7. EIPRESS SUPPORT TO INCLUDE CERTAIN KEY PROJECTS IN THE 2008-2011 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) a. Staff Report: Engineering Staff b. Council Discussion c. Council Consideration: Resolution No. 06- COUNCIL AGENDA - March 28, 2006 page 4 8. PRESENTATION ON THE CITY'S PARTICIPATION IN THE HEALTHY STREAMS PLAN a. Staff Report: Public Works Staff 9. CONSIDER ACTION TO TERMINATE THE URBAN SERVICES INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY a. Staff Report: Community Development Staff 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. E1,iECUTIVE 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. 13. ADJOURNMENT Oadm\calhy\c \2006\060726.doc a COUNCIL AGENDA - March 28, 2006 page 5 Y City of Tigard, Oregon Affidavit of Notification CITY OF TIGARD OREGON In the Matter of the Notification of Consideration of City Center Development Agency Minutes on March 28, 2006 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) rt-r~k(E ktty&g r~ I, l being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people /organizations by fax of- o Notification of a City Center Development Agency Meeting for consideration of meeting minutes on-Deeember 13, . r a.-64-1 a 8" avvco A copy of said Notice being hereto attached d by reference made a part hereof, on the ic- day of 20. Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Signature of Person who Performed Notific Subscribed and sworn (or affirmed) before me this 2 7 f~ day of OFFICIAL SEAL CAROL A KRAGER NOTARY PUBLIC-OREGON COMMISSION NO. 402780 ~j *my COMMISSION EXPIRES FEBRUARY 23.2010 Signature o Notary Public for Oregoni:tadmicathytcounell\meetinp noticest2006taffidavit of notification - cede - minutes - approve on 3-28-06.doc TIGARD C1 L'1 CENTER DT :VLLOPMENT AGENCY MELTING MARCH 28; 2006 IIGARD CITY HA7_l . 1;3125 SW HALL BLVD. TIGARD OR 97223 The City Center Development Agency (CCDA) will be considering approval of Agency minutes for a meeting held on February 21, 2006. This set of minutes was submitted within the Tigard City Council, Tigard Local Contract Review Board, and Tigard City Center Development Agency Meeting Consent Agenda for March 28, 2006. Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact City Recorder Cathy Wheatley by calling 503- 639-4171, ext. 2410. City Record Date: Post: Tigard City Hall Tigard Permit Center Tigard Public Library Wjuv1 City of Tigard 03/24/2006 16:27 FAX 5036847297 x~xc MULTI TX/RX REPORT'S TX/RX NO 0933 PGS. 1 TX/RX INCOMPLETE - TT Newsroom TRANSACTION OK [ 0615035460724 Oregonian [ 0915039686061 Regal Courier [ 1115039687397 ERROR INFORMATION I ~js+(Ji~ " } i n {'i t yfi'i:~ r., , Sn . ! s a rS a . J5}ii• J S • ( t' Ytu{{}1' r,.:u^ : • r Il r as . iri:tt}•, 'S S . ~ u ! :7 F ~r}'• nt P tf y. ~~~.~,r~~• ~ i+ta ~ t S' i { iE{,Z{I~"tl'~9't "'r~~r Pt^t,I:•,! itht is: 1 ii U~ltltl' " :rt , S~P ust p ~ • i~' ~,i~:{~:'tF.:'{r, . 'S'.['t.ti' d ~r', li~(~p' 1 tL~~'t! 1• t . n•~l ~ r. r {.J a t 1i{•r • {S''~~s~,(u .q~~ t+~! 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N. •~~t'tS)i{: aJ,~ i!t '~i 1~' i~ U{~!iSPS• t r.,1t.'J}:i1J EtJf JS~ Nl~• 3,h7yttJ'S• i<y.J, _ will be The City Center Develop ncn Agency for a m CCDA) meeting held considering approval of Agency on February 21, 2006. This set of minutes was submitted within and the Tigard City Council, Tigard Local Contr 'R Mevie eeting Tigard City Center Development for Max h Agency , 2006. Consent Agenda Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724 ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) 10, 2005, and will meet The Resolution 05-32 on May CCDA was reactivated by functioning as the renewal. The CC city's to address issues related to urba rban renewal planDdesigned to facilitate ity's urban renewal agency, will work on an u possibly other areas the development and redevelopment of downtown Tigard and p within the city. ion lease contact City Recorder Cathy Wheatley by calling 503- 1=orfucther informat , p 639-4171, ext. 2410. City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Notification of Consideration of City Center Development Agency Minutes on March 28, 2006 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) being first duly sworn (or affu med) , by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon `f naA,r, 1 a 9~, a copy of Notification of a City Center Development Agency Meeting on PeEem er- -*001P 2665- A copy of said Notice being hereto attached and by reference made a part hereof, on the a L44y► day of 'M C(,ti0-\- , 2000. Signature of Person who Performed P "g Subscribed and sworn (or affirmed) before me this tl` day of `Y1~1~ c 20 06" OFFICIAL SEAL CAROL A KRAGER NOTARY PUBLIC-OREGON COMMISSION NO. 402780 Signature of Notary Public for Oregon MY COMMISSION EXPIRES FEBRUARY23, 2010 hadm\cathyAwuncifteeting notices\2006\alfdavit of posting - coda - minutes approve on 3-28-06.doc TIGARD CITY CENTER DEVELOPMENT;AGENCY= MEETING MARCH 28, 2000 TIGARD CITE 14 I , z 13125 "SW HALL BLVD 3 223 ` a TIGARI?iOR 97 The City Center Development Agency (CCDA) will be considering approval of Agency minutes for a meeting held on February 21, 2006. This set of minutes was submitted within the Tigard City Council, Tigard Local Contract Review Board, and Tigard City Center Development Agency Meeting Consent Agenda for March 28, 2006. Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact City Recorder Cathy Wheatley by calling 503- 639-4171, ext. 2410. City Record Date: J = ~44. DC.n Post: Tigard City Hall Tigard Permit Center Tigard Public Library F D CITY COUNCIL, LOCAL CT REVIEW BOARD 8i CITY DEVELOPMENT AGENCY MEETING ~'R A )R~ h 28, 2006 6:30 p.m.TIGARD CITY HALL 3125 SW HALL BLVD IGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - March 28, 2006 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING MARCH 28, 2006 6:30 PM • STUDY SESSION > Police Holding Facility Tour and Audit • Police Staff > Review of Fiscal Year 2006-07 Community Event Funding Requests • Finance Staff > Regulation of Payday Lending Businesses • Finance Staff • 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, Local Contract Review Board, and City Center Development Agency 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Krista Foltz • Follow-up to Previous Citizen Communication COUNCIL AGENDA - March 28, 2006 page 2 7:4) 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 Council Minutes for February 14 and 21, 2006 3.2 Approve City Center Development Agency Minutes for February 21, 2006 3.3 Appoint New Members to the Building Appeals Board: Michael Kringlen, Doug Colling, Jeff Jurrens, Eric Watson, Gerald McKee, and Alan Mitchell - Resolution No. 06- 3.4 Approve Library Policies 3.5 Approve Submission of a Grant Application to Obtain Matching Funds to Construct the Jim Griffith Memorial Skate Park - Resolution No. 06- 3.6 Appoint Carol Krager as Deputy City Recorder - Resolution No. 06- 3.7 Local Contract Review Board a. Award Contract to Morse Brothers, Inc., for the Construction of the Fiscal Year 2005-06 Pavement Major Maintenance Program (PMMP) - Phase 2 b. Award Contract to NW Kodiak Construction for the Construction of Highland Drive Storm Drainage Improvements • Consent Agenda - Items Removed, or 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. 7:45 PM 4. PUBLIC HEARING - 2006 US DEPARTMENT OF JUSTICE/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT GAG) a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Police Staff d. Public Testimony: Proponents Opponents e. Staff Recommendation f. Close Public Hearing g. Staff Recommendation 8:00 1'M 5. FURTHER CONSIDERATION AND DELIBERATION OF A RESOLUTION ADOPTING ADDITIONAL FINDINGS AND IMPOSING AN ADDITIONAL CONDITION FOR THE LAND USE BOARD OF APPEALS (LUBA) REMAND OF ASH CREEK ESTATES SUBDIVISION (SUB2003-00010/ZON2003-00003/PDR2003- 00004/SLR2003-00005/VAR2003-0036 /VAR2003-0037) The State Land Use Board of Appeals (LUBA) has remanded for a second time the City Council's approval of a 29-lot Planned Development Subdivision on 9.3 acres and associated Zone Change, Sensitive Lands, and Adjustment reviews to address a single issue relating to tree preservation. As limited by LUBA, the issue remanded is whether the tree plan preserves trees to the greatest extent COUNCIL AGENDA - March 28, 2006 page 3 possible, given that the second tree plan does not protect 23 trees designated for protection in the original tree plan, but not designated for protection in the revised tree plan previously approved. On this second remand, the applicant has submitted a second revised tree plan that amends the first revised tree plan by designating for protection the 23 trees specifically mentioned by LUBA. A full copy of LUBA's Final Opinion and Order can be obtained from City Hall at cost, or is also available online at htip://Iuba.state.or.us/pdf/2005/septO5/05042.htm. LOCATION: 9750 SW 74th Avenue; WCTM 1S125DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The only applicable criterion on the issue on which LUBA remanded is CDC 18.350.100.B.3.a.1, which requires that planned developments protect existing trees to the greatest degree possible. At its February 28, 2006 meeting the City Council approved Resolution No. 06-09 approving the Ash Creek Estates Subdivision. At that meeting, the council requested the City Attorney's office prepare a supplemental resolution and findings to respond to oral and written comments at the public hearing. a. Procedural Status: City Attorney b. Staff Report: Community Development Staff and City Attorney c. Staff Recommendation d. Council Discussion e. Council Consideration: Resolution No. 06- 8:15 PM 6. FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 36 (SW 93RD AVENUE) a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Engineering Staff d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Resolution No. 06- 8:25 I'M 7. EXPRESS SUPPORT TO INCLUDE CERTAIN KEY PROJECTS IN THE 2008-2011 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) a. Staff Report: Engineering Staff b. Council Discussion c. Council Consideration: Resolution No. 06- 8:35 PM 8. PRESENTATION ON THE CITY'S PARTICIPATION IN THE HEALTHY STREAMS PLAN a. Staff Report: Public Works Staff 9. COUNCIL LIAISON REPORTS COUNCIL AGENDA - March 28, 2006 page 4 10. NON AGENDA ITEMS 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. 9:1013M 12. ADJOURNMENT i Aadmlca1hy\cuQ006\060328.doc COUNCIL AGENDA - March 28, 2006 page 5 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING March 28, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon • STUDY SESSION > Police Holding Facility Tour and Audit • Police Staff > Review of Fiscal Year 2006-07 Community Event Funding Requests • Finance Staff > Regulation of Payday Lending Businesses • Finance Staff > Discuss Action to Terminate the Urban Services Intergovernmental Agreement with Washington County • Community Development Staff • 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. • ADMINISTRATIVE ITEMS > Items for Tonight's Business Meeting - Revised Agenda Added 1.5 - Status Community Attitude Survey and Schedule Meeting Added 9 - Discussion of Urban Services Intergovernmental Agreement Revised Packet Materials - Item 3.5 - Attached is a revised Resolution for the Skate Park Grant Application. The 41h "Whereas" clause now reads: "WHEREAS, the City Council selected the City Hall parking lot area as the preferred City-owned site valued at $195,000; and" > Procedure for City Manager Review > Chamber Shining Stars Banquet Attendance - Friday, April 21 (see calendar below) > Mayor Dirksen is unable to attend the Library Volunteer Event, Saturday, April 8, 10:30 a.m. to 12 p.m., Library Community Room. Check for availability of a City Council member to attend. Council Calendar *April 11 Tues City Council Meeting - City Hall - 6:30 p.m. 18 Tues City Council Meeting - City Hall - 6:30 p.m. 21 Fri Chamber Shining Stars Banquet - 6-9 p.m., Crowne Plaza Hotel, 14711 Kruse Oaks Drive, Lake Oswego. $35/person - RSVP - 503-639-1656 24 Mon Budget Committee Meeting. - Tigard Water Auditorium - 6:30 p.m. 25 Tues City Council Meeting - City Hall - 6:30 p.m. *In the past, April is the month scheduled for the joint Meeting with the Tigard-Tualatin School Board and the City Councils for Tigard, Tualatin, King City, and Durham. At this time no date has been selected nor has the agenda been set by TTSD. Note Budget Committee Meetings Shining Stars Banquet Employee Recognition Event Council Meetings 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 specifically 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) (i) - 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. is\adm\cathy\cca ss\2006\060214ps.doc I AGENDA ITEM # Study Session FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Study Session: Review of FY 2006-07 Community Event Funding Requests PREPARED BY: Robert Sesnon DEPT HEAD OK ~Lld j CITY MGR OK ISSUE BEFORE THE COUNCIL Review applications for Community Event Grants and give preliminary direction as to which grants should be included in the FY 2006-07 Proposed Budget. STAFF RECOMMENDATION Review grant requests and give preliminary direction on applications to be funded. INFORMATION SUMMARY Each year, the City solicits applications from community organizations for grants for the following fiscal year. The City received nine formal applications by the February 3, 2006 deadline. The total funding requested is $48,400 in direct contributions. An additional $67,100 is provided as in-kind support by the Public Works Department for the Balloon Festival and 4`h of July celebration. This does not include any in-kind support that might be provided by the Police Department. According to the funding policy of the Budget Committee set in prior years, $49,400 is available for these grants. On December 18, 2001, Council approved three resolutions guaranteeing base funding to three sponsored community events - Festival of Balloons - $10,000; Broadway Rose - $10,000; and Tigard 4`h of July - $7,500. After removing the guaranteed funding requests, a total of $21,900 remains to be distributed amongst the six other applicants plus a request from the Tigard 4`h of July for additional $2,500 above their guaranteed amount. The total requested from these applicants is $20,900. Any unallocated community event grants funds can either be reserved for the General Fund or could be used for additional Social Service Grant funding. Staff is requesting that the Mayor and Council review the event requests and give recommendations on which requests should receive full, partial or no funding. The final funding decision will be made at the Budget Committee meetings in May. OTHER ALTERNATIVES CONSIDERED This is a preliminary review only. Final funding decisions and exploration of alternatives will be made at the Budget Committee meetings in May. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT N/A 1~: ATTACHMENT LIST Summary chart of Community Event Grant requests Community Event Grant Applications (9) FISCAL NOTES Requests for total direct contributions are $48,400. Requests will be funded from the FY 2006-07 General Fund budget. h City of Tigard FY 2006-07 Community Event Grant Requests Target (based on proportional share of policy set-aside) = $49,400 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 lAgency Actual Actual Actual Budget Requested Recommended Art Resources of Tigard (ART) Direct $3,750 $0 $0 $0 $0 In-Kind Afalati Recreation District/Tigard Recreation Assoc. Direct 0 5,000 5,000 5,000 5,000 In-Kind 46,000 0 Broadway Rose* Direct 10,000 10,000 10,000 10,000 10,000 In-Kind 0 City of Tigard Dog Park Direct 0 400 450 400 400 In-Kind 13,000 0 Festival of the Balloons** Direct 0 10,000 10,000 10,000 10,000 In-Kind 30,500 65,000 Tigard Blast Direct 5,000 5,000 5,000 5,000 0 In-Kind 1,100 0 Tigard Chamber of Commerce Direct 0 0 0 0 5,000 In-Kind 0 Tigard 4th of July*** Direct 7,500 7,500 7,500 7,500 10,000 In-Kind 1,600 1,600 Tigard High Graduation Ceremony Direct 750 1,000 2,000 2,000 2,000 In-Kind 0 Tualatin Riverkeepers Direct 2,000 2,000 2,500 6,275 4,000 In-Kind 1,500 500 Tualatin Valley Community Band Direct 1,850 1,850 2,000 2,000 2,000 In-Kind Total Direct $30,850 $42,750 $44,450 $48,175 $48,400 $0 In-Kind $0 $0 $0 $93,700 $67,100 $0 *Per Resolution No. 00-22, guaranteed $10,000 each year **Per Resolution No. 00-20, guaranteed $10,000 each year ***Per Resolution No. 00-21, guaranteed $7,500 each year I CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2006-07 COMMUNITY EVENTS FUNDING REQUEST Due: February 3, 2006 ~ t1 Event Name: 19iFD_ T Address: City, State, Zip: o Contact Name: LILY) -A 91~L Telephone Number: E-mail address: t v :D~/~- 1. Request (express in whole dollar amounts only) Cash $ 5000 In-Kind Services (use of City property, City staff support, $ etc. Please explain the services requested on a separate sheet) Total Request $ 5)0W 2. Purpose of Funding Request: To oFF50- --l2 al) n Lo -L inert f .P, ,'Seco'nd! t©'N reP~en'_ e e -n t-vte 0' bN o (''f`, ' artot fW Fa.O-H 1e - D~s '~r~-eo~O~n '~~5f-r~ ~ ~ SPA-t~t~ ` ~~G-t~l-► `C?~r~e~0-~-~ c~r~ L~ hG~S Comm► 3. How will this event benefit the Tigard Community?-71)e- 2~K~~ Cooc`e667M 5 fit.►'ld Q.t'l~ ~d5oi rl i ~~ld ( (~-PCP~B- FS~ ,~/f1.~ ne~ U+Ie~s to"~o % e c~ c(~5, le- erw N z-c~w_,r 1-- ~0-c V6 ld.~e~ 0 r '(j e 5 . 4. How many Tigard residents do you ant'cipa particippa i g in this event or these / C~/ U events)? ~ Qn~ u~t.L 0-H -e -26 ai r J a,Nte wc~ r CCe-o' UD' ex ~ in 1 ~ 6 5 0 000 1~ So t bVI 0q + i I~ ~ 1 500-75D e.n rzEb+i V5 5. Please submit the following information with this request: a. Detailed budget, including FY 2004-05 actual expenditures, FY 2005-06 Adopted Budget, and FY 2006-07 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Lack of adequate financial information could result in denial of request. An electronic version of this application is available by contacting Maureen Denny at maureen@tigard-or.gov. Tigard LL Income Statement 2006 2005 Actual BUDGET 2006 2006 Actual 2.01.00 Capital Improvement Fund $33,461 2.02.01 Contributions Photo Rebate $1,870.00 $1,800.00 2.02.02 Sponsorships $32,645.00 $35,000.00 2.02.03 Scholarship Donation $763.48 $0.00 2.02.04 Volunteer Matching $1,562.48 $0.00 2.02.05 Misc. Contributions District 4: 2.02.06 Safe Improvement Loan $0.00 2.02.07 Safe Improvement Gift $0.00 2.02.08 Accident Insurance Credit 39.00 mpg 00 Total Contributions $37,279.96 $37,200.00 $0.00 2.03.00 Fund Raisin Fund Raiser Inc. $0.00 Total Fund Raisin $0 2.04.01 Interest Income Savings $48.31 $100.00 2.04.02 Scholarship Funds $100.00 2.04.03 Tournament Fund 100.00 Total Interest Income $48.31 $300.00 $0.00 2.05.01 Non- Registration Revenue Clinics $680 $0.00 2.05.03 Concessions Cook Park $939.61 $1,000.00 2.05.04 Ti and Home Plate $10,562.73 $10,000.00 2.05.05 TLL Apparel Sales $18,166.60 $500.00 2.05.06 9-10 Honors Tournament 12&54.34 0.00 Total Now Registration Revenue $34,203.28 $11,500.00 $0.00 2.06.01 Uniform Sales Baseball 466 Players) $23,655.00 $23,300 2.06.02 Pee Wee 312 Players) $9,180.00 $9,360 2.06.03 Softball 300 Players) $9,850.00 $15,000 2.06.04 Post Season Fee Baseball $2,880.00 $2,880 2.06.05 Uniform Replacement Fund B $750.00 $720 2.06.06 Post Season Fee Softball $1,610.00 $1,680 2.06.07 Uniform Replacement Fund S 690.00 720 Total Uniform Sales $48,615.00 $53,660 $0 2.07.00 THP Field Improvement-'03 $0.00 $0.00 $0.00 2.08.00 Cook Park Fund 2.08.01 Baseball 466 Players) $4,680.00 $4,660 2.08.02 Pee Wee 312 Players) $3,050.00 $3,120 2.08.03 Softball 300 Players) $1,970.00 $3,000 2.08.04 Fall Bail $780.00 $650 2.08.05 Late Fees 500 0 Total Cook Park Fund $10,495.00 $11,430 $0 2.09.01 Registration Baseball 466 Players) $18,700.00 $18,640 2.09.02 Pee Wee 312 Players) $8,880.00 $9,360 2.09.03 Softball 300 Players) $7,760.00 $12,000 2.09.04 Fall Ball $3,145.00 $2,600 2.09.05 Late Fees NO Total R istration $38,485.00 $42,600 $0 Total income .690.001 9&d 1 1/19/2006 2006 Budget.xls TLL EXPENSE STATEMENT 2006 2005 Actual 2006 Budget 2006 Budget 1.01.00 Education 1.01.01 Baseball $2,364.45 $1,500.00 1.01.02 Softball $65.50 $1,000.00 $150.00 1.01.03 Umpires - Baseball $0.00 $300.00 1.01.04 CPR Training $500.00 600.00 1.01.05 Positive Coaches Alliance I20-0-00 Total Education $5,129.95 $3,400.00 $150.00 1.02.00 Cook Park Expansion Capital Equipment 1.02.01 Dugouts and Bullpens $14,045.00 1.02.02 Dirt and Turface 1.02.025 Netting $3,287.00 Misc. Equipment 1.02.03 Railings 1.02.03 Bleachers Cook 3 & 4) $3,000.00 1.02.03 Misc - Replacement 1 000.00 Total Cook Park Expansion $17,332.00 $4,000.00 $0.00 1.03.00 Equipment 1.03.01 Baseball Equipment $7,875.75 $9,700.00 1.03.02 Softball Equipment $1,186.25 $2,750.00 1.03:03 Umpire Equipment $499.20 Field Equipment 1.03.04 Baseball-Bullpens $12.869.00 1.03.05 Softball-CFT $3,000.00 1.03.06 Softball-Metzger 1500.00 Total Equipment $22,430.20 $16,950.00 $0.00 1.04.00 Field Maintenance- Baseball 1.04.01 Bleachers $964.71 1.04.02 Chalk 1.04.03 Dirt $1,457.80 $1,500.00 1.04.04 Fencing $224.00 $200.00 1.04.05 Misc. Repairs $553.99 $500.00 1.04.06 Tools $647.58 $500.00 1.04.07 Fertilizer & Seed 1.04.08 Turface-MVP $2,939.80 1.04.09 Turface/Quick Dry/Chalk 3 300.00 Total Field Maintenance Baseball $8,787.88 $6,000.00 $0.00 Page 1 of 4 1/19/2006 TLL EXPENSE STATEMENT 2006 2005 Actual 2006 Budget 2006 Budget 1.05.00 Field Maintenance-Softball 1.05.01 Chalk 1.05.02 Dirt $14.25 $200.00 $75.00 1.05.03 Misc-Repair $251.24 $300.00 1.05.04 Fertilizer 1.05.05 Turface-MVP $816.00 1.05.05 Turface/Quick Dry/Chalk $1,560.00 Total Field Maintenance Softball $1,081.49 $2,000.00 $75.00 1.06.00 Fund Raising Expense $0.00 $0.00 $0.00 1.07.00 Insurance 1.07.01 Additional Fields Insurance $121.20 $120.00 1.07.02 Board & Volition $0.00 1.07.03 Crime $180.00 $180.00 1.07.04 Liability $2,407.50 $2,500.00 M.00 Pla er Insurance $2,078.60 $2,300.00 Storage Insurance $0.00 Total Insurance $4,787.30 $5,100.00 $0.00 LL Charter Expense $1,296.00 $1,500.00 Tigard Home Plate 1.09.01 Inventory $4,381.97 $4,500.00 1.09.02 Equipment $400.00 1.09.03 Building Improvements 8 028.26 200.00 1.09.04 Special Sales Total Tigard Home Plate $12,410.23 $5,100.00 $0.00 1.10.00 TLL Apparrel Sales Expense $14,737.00 $0.00 $0.00 1.11.00 Umpire Expense 1.11.01 Baseball $11,212.00 $18,400.00 1.11.02 Softball $1,724.50 $3,000.00 1.11.03 Fall Ball 600.00 l100-0-00 Total Umpire Expense $13,536.50 $22,400.00 $0.00 1.12.00 Cook Park Expansion 1.12.01 Land Purchase $7,500.00 $10,000.00 1.12.02 Concession Improvements $3,989.14 $7,000.00 $6,994.70 1.12.03 Cook Park Improvement Fund 1.12.04 District 4 Safe Improvement Loan Total Cook Park $11,489.14 $17,000.00 $6,994.70 Page 2 of 4 1/19/2006 TLL EXPENSE STATEMENT 2006 2005 Actual 2006 Budget 2006 Budget 1.13.00 Room Rentals 1.13.01 Baseball $1,300.00 $2,500.00 1.13.02 Softball $924.00 $1,500.00 1.13.03 Baseball Tryouts $144.00 $250.00 1.13.04 Softball Tryouts $120.00 $325.00 1.13.05 Board Meetings $195.00 $200.00 $15.00 1.13.06 Storage $2,481.50 $4,850.00 $4,748.74 1.13.07 CPR Training 120.00 100.00 Total Room Rental $5,284.50 $9,725.00 $4,763.74 1.14.00 Utilities 1.14.01 Alarm Service $360.00 1.14.02 Garbage Collection $768.02 $800.00 1.14.03 Sanitation Removal $2,432.94 $3,000.00 1.14.04 Telephone $425.53 $425.00 $77.34 1.14.05 Electric Cook Park 71.41 75.00 Total Utilities $3,697.90 $4,660.00 $77.34 1.15.00 Operation Expenses 1.15.01 Sponsorship Expense $1,980.00 $3,000.00 1.15.02 Postage $338.95 $800.00 1.15.03 Printing $1,135.50 $2,500.00 1.15.04 Awards & Pins $750.00 1.15.05 Books $155.50 $200.00 1.15.06 Web Site $120.00 $240.00 $240.00 1.15.07 Opening Da Supplies $375.93 $375.00 1.15.08 Admin. Supplies $1,340.94 $1,000.00 1.15.09 Registration Supplies $189.82 $300.00 1.15.10 Safe Supplies $199.90 $200.00 1.15.11 Cartography 1.15.12 CT 12 Tax Report $155.00 $155.00 $50.00 1.15.13 Board Meeting Expense $301.11 $200.00 1.15.14 Petty Cash 100.00 100.00 Total Ops Expenses $6,392.65 $9,820.00 $290.00 1.16.00 Contributions 1.16.01 Alpenrose World Series/Regional Toum $600.00 $500.00 1.16.02 Service Awards $984.97 $100.00 1.16.03 Registration Drawing $270.00 $270.00 1.16.04 Fountain Memorial Total Contributions $4,554.97 $870.00 $0.00 Page 3 of 4 1/19/2006 TLL EXPENSE STATEMENT 2006 2005 Actual 2006 Budget 2006 Budget 1.17.00 Tournament Fees 1.17.01 Baseball Post Season $1,650.00 $1,925.00 1.17.02 Softball Toumaments $825.00 $1,100.00 1.17.03 9/10 District 4 Honors Toumament $2,961.02 1.17.04 Post Season Team Expenses 3 650.00 Total Tournament Fees $9,086.02 $3,025.00 $0.00 1.18.00 Uniforms 1.18.01 Baseball (466 Players) $21,265.13 $23,300 1.18.02 Pee Wee (312 Players) $7,205.62 $9,360 1.18.03 Softball (300 Players) $10,110.45 $15,000 1.18.04 Baseball Post Season $3,074.65 $2,800 1.18.05 Softball Post Seaston $1,471.92 $1,200 1.18.06 Patches $855.00 $700 1.18.07 Umpire Shirts 268.25 Total Uniforms $44,251.02 $52,360.00 $0.00 Scholarships and Raffle 1.19.00 Scholarship Expense 570.00 0.00 Total Scholarships $4,570.00 $0.00 $0.00 Total Expenses ALOO $12.350.78 LVIW= Page 4 of 4 1/19/2006 10:20 A"" Southside Soccer Club 01/25/06 Accrual Basis Profit & Loss December 2004 through November 2005 12n/2W -11/30r2M Income Apparel 15,426.50 Concessions 1,426.95 Donations/Sponsorships Nike Match Contributions 2,370.00 Rental - Field Time 3,200.00 Scholarship Fund 8,068.00 Donadons/Sponsorships - Other 18,251.51 Total Donations/Sponsorships 31,889.51 Fundraising Scrip Sales 448.73 Fundraising - Other 73,462.60 Total Fundraising 73,911.33 Interest Income 4,223.50 Miscellaneous 558.85 Registrations Refunds -14,405.50 Returned Checks -4,716.50 Registrations - Other 618,768.22 Total Registrations 599,646.22 Uniforms Sold 86,467.50 Total Income 813,550.36 Cost of Goods Sold Apparel Expense 10,016.01 Coaches Pay Coaches Training 1,425.00 Coaches Pay - Other 116,705.45 Total Coaches Pay 118,130.45 Director Fees & Expense Referee Director 6,706.50 Tournament Director 17,100.37 Tournament Reimbursables 120.80 Web Site Fees 2,189.95 Director Fees & Expense - Other 14,817.06 Total Director Fees & Expense 40,934.68 Page 1 of 3 10:20 AM Southside Soccer Club 01/25/06 Accrual Basis Profit & Loss December 2004 through November 2005 12/1/2004 -11/30/2005 Equipment 13,778.09 Fields Cook Park 12,122.75 Maintenance & Repair 6,434.19 Stadium Turf 11,260.00 Tigard Turf 70,341.72 TTSD Facilities 5,430.00 Fields - Other 2,600.00 Total Fields 108,188.66 Fundraising Supplies 46,456.20 Goods incl in Registration 18,902.49 OYSA Fees 79,249.18 Referees 64,853.50 Sanitary Services 8,305.54 Scholarship Expenses 3,368.00 Team Expenses 3,000.00 Uniforms Purchased 77,759.35 Total COGS 592,942.15 Gross Profit 220,608.21 Expense Advertising 5,463.35 Automobile Reimbursements 299.45 Bank & Credit Card Fees 6,084.30 Committee Expenses 12,639.31 Health Insurance Reimbursement 1,000.00 Insurances 650.00 Legal and Accounting 1,460.00 Maintenance & Repair 134.53 Meals & Entertainment 2,153.69 Office Expenses ComputerAntemet 4,175.24 Copy Machine Service 1,410.08 Telephone Cellular Phones 2,302.83 Telephone - Other 2,768.27 Total Telephone 5,071.10 Page 2 of 3 10:20 AM Southside Soccer Club 01/25/06 Accrual Basis Profit & Loss December 2004 through November 2005 12/112004 -11/30/2005 Office Expenses - Other 30.00 Total Office Expenses 10,686.42 Office Supplies 6,143.86 Outside Services (Contracted) 3,454.00 Payroll Taxes 14,945.97 Postage & Shipping 5,086.91 Printing 4,815.56 Rent & Utilities 12,153.02 Salaries & Wages 128,560.54 Travel & Conventions 669.16 Web Site Provisioning 17,253.35 X-SSC Exp. Allocation 0.00 Total Expense 233,653.42 Net Income -13,045.21 Page 3 of 3 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2006-07 COMMUNITY EVENTS FUNDING REQUEST Due: February 3, 2006 Event Name: The Broadway Rose Theatre Company Address: PO Box 231004 City, State, Zip: Tigard, OR 97281 Contact Name: Sharon Marong Telephone Number: 503-603-9862 E-mail address: brtcsm@aol.com 1. Request (express in whole dollar amounts only) Cash $10,000 In-Kind Services (use of City property, City staff support, $0.00 etc. Please explain the services requested on a separate sheet) Total Request $10,000 NOTE: The Broadway Rose Theatre Company is excited to share the news that we are in negotiations with The Tigard/Tualatin School District for the renovation and long-term lease of the CF Tigard Cafetorium. This additional theater space will bring us ever closer to our goal of producing theater year-round. 2. Purpose of Funding Request: The Broadway Rose Theatre Company requests funding from the City of Tigard in order to continue to provide Tigard residents with high quality, professional theatre at an affordable price. This summer The Broadway Rose will present its 15`b season at the Deb Fennell Auditorium in Tigard. We will produce five shows in eight performing weeks, June 30 - August 20, 2006. Our season opens with the musical spectacular, 42"d Street, followed by Sisters of Swing, a spirited musical revue about the lives of The Andrews Sisters, and concluding with everyone's favorite musical phenomenon, Little Shop of Horrors. Our summer schedule also includes two children's shows, Cinderella and Aladdin, and three youth drama camps. In addition to our summer season, the company produces a holiday show, cabaret series and a play reading series. Our most dramatic growth spurt occurred last season. From 2004 to 2005 our season ticket sales increased by 16%, single ticket sales increased by 27% and individual donations increased by 33%. 2005 marked our largest audience yet with nearly 22,400 in attendance - that's a 25% increase in total attendance! The City of Tigard's support each year is vital to our continued success. When we approach new foundations and are able to note that The Broadway Rose is a City of Tigard sponsored event, it sends a strong message about community support. The Broadway Rose is gaining a national reputation for high artistic quality, helping us to attract ever-stronger performers. Last summer Chicago was the first show of our season and our best selling musical to date. Both Peggy Taphorn and Lea Kohl, two of the non-local leads in Chicago, boast impressive Broadway and off-Broadway credits. Peggy Taphorn was our New York director, choreographer and lead performer. Grant Butler of The Oregonian wrote, "much of the show rests on hired-gun actress Peggy Taphorn, a Broadway regular, and Lea Kohl ...both show plenty of stage savvy giving this show added glitz." Vancouver's newspaper, The Columbian, reviewed the show with a headline reading, "Chicago: Small company, big show." In addition, The Broadway Rose also has a strong relationship with Robert Guitron, one of the founders of Polaris Dance Company, and we were delighted to hire some key dancers from his company to perform in Chicago. 3. How will this event benefit the Tigard Community? As the only professional theater company in Washington County, we take great pride in our youth programming as well. The intent of The Broadway Rose Theatre is to provide high quality children's programming for over 3,000 youth (ages 2716 years), offer scholarships to select children who can not otherwise afford our summer theater camps, and solidify our partnership with the YMCA by providing 1,000 diverse children the opportunity to attend our children's shows at a discounted ticket price of $4.50. We are also continuing an outreach program in which we bring live theater to the elementary school children of the Tigard/Tualatin School District at no cost to the children and minimal cost to the District. We see this as a way to build future audiences and give back to the community. In addition, our student internship program continues to thrive and is becoming extremely competitive as more and more students seek out this opportunity to have a worthwhile summer job which trains them for careers in theater. The Broadway Rose Theater has a positive economic impact on the community as well. In a recent survey, 39% of our audience polled indicated that they go out to dinner before attending a performance at the Broadway Rose Theatre. Our survey also showed that 57% of those polled spend at least $20 on dinner, 37% spend at least $40, and 6% spend at least $80. As you can see, restaurants in the community benefit from the patronage of our audience. The Broadway Rose employs approximately 80-100 artists and designers each summer. We also offer paid internships to local high school students and teach these teens about teamwork, discipline and creativity. 4. How many Tigard residents do you anticipate participating in this event (or these events)? The Broadway Rose Theatre is one of the largest arts organizations in Washington County. Our projected attendance for 2006 is 24,000. Through our surveys and databases we have determined that Tigard residents make up our largest audience base (25%). We enjoy offering live entertainment to Tigard residents and providing an opportunity for people from the greater Portland area to come out to Tigard to enjoy cultural events. We also have season ticket holders from as far away as Longview, Washington, Salem and Boring, Oregon. We help put Tigard on the map. Over the years The Broadway Rose has offered the City of Tigard significantly discounted tickets so that the City can thank its volunteers by purchasing tickets for a Broadway Rose production, and we hold a "thank you" reception at the theater before the show. This is another great way The Broadway Rose Theater can partner with the City of Tigard. tl THEATRE COMPANY JAN 3 o 2006 January 27, 2006 Board of Directors Tom Imdieke Interim Finance Director Diana Burke City of Tigard Bank of the West 13125 SW Hall Blvd. Larry Cartier Tigard, OR 97223 Wellpariner David Cutz Dear Tom, Paragon rle & Stone Many thanks to the City of Tigard for its continued support of The Broadway Lisa Francolini. LAc. Rose over these last several years. The City of Tigard's support has been Riverwest invaluable to our company, especially as we are growing at a rapid rate and Acupuncture Clinic continue to expand our programming. Rorie Leone Washington Trust Our 2005 season was a tremendous success. We have a fantastic lineup for our 2006 summer season and look forward to another successful year. The Broadway Jackson Lewis Rose is proud to partner with the City of Tigard to bring cultural opportunities to Tonkon Torp, UP Washington County and beyond. Bill Monahan Ramis, Crew Enclosed is a 2006 Community Events Funding Request. If you have any Corrigm, LLP questions regarding this application or the accompanying materials, please don't Wdliam L. Nothstine hesitate to call me at 503-603-9862. Prolessional writer tiwvey Platt Thank you for your consideration of this application. Platt Bectric Suppy Best Regards, Nicole Smith ir,~ Union Bank of v~ ~ California Sharon Maroney Dan Yates Artistic Director Portland Spirit RO. Box 231004 • Tigard, OR 97281 •503-620-5262 • Fax 503-670-8512 • www.broadwayrose.com 12:08 PM Broadway Rose Theatre Company 01127106 Profit & Loss Cash Basis January through December 2005 Jan - Dec 05 Ordinary Income/Expense Income Annual Boat Event Income 33,815.00 Camp Income 7,495.00 Concession Income 3,634.00 Corportate Income 66,550.00 Entertainment/Royalty Income 558.84 Grants 99,300.00 Guild 625.00 Individual Donations 52,488.01 Program Advertising Income 4,477.00 Raffle Income 1,330.17 Rental Income 100.00 Shipping & Handling income 692.00 Souvenir Sales 910.45 Ticket Sales 385,127.08 Total Income 657,102.55 Expense Administrative Expense 67,644.50 Artistic Programing 278,376.83 Automobile Expense 1,248.49 Bank Service Charges 12,752.18 Boat Expenses 5,254.82 Camp Counselors 2,300.00 Class Expense 131.89 Company Amenities 1,495.30 Concession Expense 2,134.25 Development 7,495.42 Insurance 24,392.90 Internet Expense 1,036.85 Janitorial 150.00 Marketing Expense 61,490.01 Office Supplies 5,515.42 Organizational Dues & Expenses 4,864.31 Payroll Taxes 47,256.92 Postage and Delivery 2,462.43 Professional Fees 1,042.50 Publication Subscriptions 177.00 Rental Expense 2,400.00 Souviner Expense 746.58 Staff Education 420.00 Telephone 5,560.19 Travel & Ent 856.19 Utilities 705.82 Total Expense 537,910.80 Net Ordinary Income 119,191.75 Other Income/Expense Other Income Interest Income 556.63 Total Other Income 556.63 Net Other Income 556.63 Net Income 119,748.38 12:23 PM Broadway Rose Theatre Company 01127106 Balance Sheet Prev Year Comparison Accrual Basis As of December 31, 2005 Dec 31, 05 Dec 31, 04 ASSETS Current Assets Checking/Savings Bank of the West Checking 71,595.53 49,237.64 Bank of the West Money Market 141,331.57 46,727.87 Total Checking/Savings 212,927.10 95,965.51 Total Current Assets 212,927.10 95,965.51 Fixed Assets Equipment 14,503.83 12,397.04 Total Fixed Assets 14,503.83 12,397.04 Other Assets Rental Deposits 880.00 200.00 Total Other Assets 880.00 200.00 TOTAL ASSETS 228,310.93 108,562.55 LIABILITIES & EQUITY Equity Opening Bal Equity 117,600.69 117,600.69 Retained Earrings -9,038.14 -46,104.03 Net Income 119,748.38 37,065.89 Total Equity 228,310.93 108,562.55 TOTAL LIABILITIES & EQUITY 228,310.93 108,562.55 The Broadway Rose Theatre Company - Projected 2006 Budget Income Annual Boat Event 35,515.00 Camp Income 7,494.00 Concession 3,870.00 Corporate Income 55,934.00 Entertainment/Royalty Income 700.00 Grants 137,000.00 Guild Event 3,000.00 Individual Donations 67,457.00 Program Advertising Income 6,400.00 Raffle Income 1,000.00 Rental Income 150.00 Shipping & Handling Income 580.00 Souvenir Sales 800.00 Ticket Sales 390,000.00 Total Income 709,900.00 Expense In-Kind Administrative Expense 89,627.00 30,000.00 Artistic Programing 274,407.51 Automobile Expense 1,800.00 Bank Service Charges 11,380.00 Boat Expenses 5,328.48 Camp Counselors 2,750.00 Company Amenities 1,293.98 Concession 2,167.11 Development Expenses 40,000.00 15,000.00 Guild Events 500.00 Insurance 29,375.00 Interest Expense 200.00 Internet Expense 1,022.15 Janitorial 150.00 Marketing Expense 74,183.72 9,000.00 Office Supplies 4,226.00 Organizational Dues 4,802.00 Payroll Taxes 63,976.92 Postage and Delivery 2,760.00 Product Development 51,000.00 Professional Fees 4,920.00 Prudent Reserve 42,100.00 Publication Subscriptions 161.00 Raffle Expense 6.68 Rental Expense 2,400.00 25,000.00 Souvenir Expense 700.00 Staff Education 1334.67 Telephone 5,230.05 Travel 1,005.45 Utilities 1,092.28 Total Expense 719,900.00 79,000.00 Amount requested from City of Tigard 10,000.00 i THEATRE COMPANY Board of Directors Diana Burke Bank of the West Larry Cartier January 31, 2006 Wellpartner David Cutz Paragon Tile & Stone Tom Imdieke Interim Finance Director Lisa Fran Riverwest City of Tigard Acupuncture Clinic 13125 SW Hall Blvd. Tigard, OR 97223 Rorie Leone Washington Trust Bank Dear Tom, Jackson Lewis Tonkon Torp, LIP Enclosed is proof of The Broadway Rose Theatre's 501(c)(3) status. We thought you already had this document on file and therefore did not include it in our Bill Monahan recent grant submission. I apologize for the inconvenience. Ramis, Crew Corrigan, UP Please let me know if there is anything else that you need from us. William L. Nothstine Professional writer Thank you. Harvey Platt Platt Electric Suppty Nicole Smith Union Bank of Quimby Lo bardozzi California Development Manager Dan Yates Portland Spirit P.O. Box 231004 • Tigard, OR 97281 •503-620-5262 • Fax 503-670-8512 • www.broadwayrose.com 7NTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7431 Employer Identification Number: Date: MAY 1 2 1997 93-1069099 Case Dumber: 957051029 BROADWAY ROSE THEATRE COMPANY Contact Person: C/O MATTHEW G. RYAN EO CUSTOMER SERVICE P.O. BOX 231004 Contact Telephone Number: TIGARD, OR 97281-1004 (213) 894-2299 Our Letter Dated: Mav 1992 Addendum Applies: No Dear Applicant: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section Sol (a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170 (b) (1) (A) (vi) Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) You are required to file Form 990 only if your gross receipts each year are normally more than $25,000. For guidance in determining whether your gross receipts are "normally" more than $25,000, see the instructions for Form 990. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 percent of your gross receipts for.the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an i_-itegral part of this letter. Letter 1050 (DO/CG) 1 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2006-07 COMMUNITY EVENTS FUNDING REQUEST Due: February 3 2006 Fe-6 V iS Event Name: ~ M V ~ I Address: ~ t City, State, Zip: Contact Name: Telephone Number: E-mail address: dnkRmaDa) L190CY-1 1. Request (express in whole dollar amounts only) Cash $ 101000 In-Kind Services (use of City property, City staff support, $ ( etc. Please explain the services requested on a separate sheet) '6(.000 Total Request $ 7~/ 000 2. Purpose of Funding Request-,-rn b fckox +VNe' OVA C'S) 3. How will this event benefit the Tigard Community? ~S ~=1e(/L T~ - 0 i ~S `1,hf'_ I n s ( + i v~1a T~ _ coca~--- t7pa I d - ICJ %ow 4. many Tigard residents do yo'u anticipate participating in this event (or these events)? 0190+ 5. Please submit the following information with this request: a. Detailed budget, including FY 2004-05 actual expenditures, FY 2005-06 Adopted Budget, and FY 2006-07 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. **.Lack of adequate financial information could result in denial of request. An electronic version of this application is available by contacting Maureen Denny at maureen@tigard-or.gov. 2006 Tigard Festival Of Balloons Budget INCOME: Sponsorships: $ 80,000.00 In-Kind: $ 230,000.00 Other Revenue: $ 130,000.00 TOTAL INCOME $ 4409000.00 Cost of Goods Sold ($839600.00) Gross Profit $ 3569400.00 EXPENSES: Variable: Actual $ 66,400.00 In-Kind $ 136,772.00 Fixed. Distributions to Non-Profits $ 20,000.00 Insurance $ 18,484.00 Rent-Storage $ 1,000.00 Web Site/Internet service $ 2,000.00 Telephone $ 500.00 In-Kind $ 75,000.00 Total Expenses $ 3209156.00 NET INCOME $ 369244.00 2005 Tigard Festival Of Balloons Budget INCOME: Sponsorships: $ 80,000.00 In-Kind. ' $ 295, 000.00 Other Revenue: $ 130,000.00 TOTAL INCOME $ 4159170.00 Cost of Goods Sold $719512.00 Gross Profit $ 3439657.00 EXPENSES: Variable: Actual $ 66,400.00 In-Kind $ 160,000.00 Fixed. Distributions to Non-Profits $ 20,000.00 Insurance $ 18,484.00 Rent-Storage $ 1,000.00 Web Site/Internet service $ 5,000.00 Telephone $ 500.00 In-Kind $ 75,000.00 Total Expenses $ 3209156.00 NET INCOME $ 239501.00 i 11:47 AM Tigard Festival of Balloons 01131,06 Profit & Loss Accrual Basis January through December 2005 Jan - Dec 05 Ordinary Income/Expense Income In Kind 157,295.00 Gate 43,840.00 Parking 14,103.80 Carnival 18,455.00 Sponsorship 44,600.00 Balloons 9,000.00 Food Vendor 9,250.00 Festival T-Shirt- 390.00 Field Merchants 27,785.40 Beer Garden 2,500.00 5K 1,195.24 Soccer Tournament 4,423.00 Car Show 1,295.21 Harley Rally 605.00 Shuttle 2,127.90 Ice 610.00 Bank Charges 19.97 Total income 337,495.52 Cost of Goods Sold Gate- 11,851.00 Parking Commissions 9,315.86 Sponsorship- 500.00 Balloons- 24,544.42 Food Vendor- 3,649.00 Festival T-Shirt 2.25 Field Merchants- 7,310.00 Beer Garden- 1,706.00 5K- 3,975.19 Soccer- 3,415.15 Baseball Tournament- 550.00 Car Show- 2,467.89 Harley Rally- 145.00 Shuttle- 1,463.32 Beverages- -163.40 Ice- 357.50 Total COGS 71,089.18 Gross Profit 266,406.34 Expense Videographer 4,646.00 Entertainment 38,592.00 Advertising 82,634.28 VIP Tent 14,835.00 Rentals 75,526.17 PA System 1,050.00 Marketing 942.08 Staff Shirts 1,947.50 Safety Vests 251.10 Signs 6,781.00 Security 6,976.15 First Aid Staff 500.00 Clean Up 2,829.95 Website 2,039.85 Field Set Up 405.86 Diesel 143.20 Office Supplies 206.76 Insurance 9,550.00 Utitiites 3,176.14 Page 1 11:47 AM Tigard Festival of Balloons 01/31/06 Profit & Loss Accrual Basis January through December 2005 Jan - Dec 05 Labor 5,601.00 Taxes and Accounting 179.34 Mileage 319.33 Bank Charges- 6.00 Cash (Ovary Short -170.49 Depreciation Expense 1,159.03 Total Expense 260,127.25 Net Ordinary Income 6,279.09 Other Income/Expense Other Expense Disposal of Equipment 2,060.00 Total Other Expense 2,060.00 Net Other Income -2,060.00 Net Income 4,219.09 Page 2 10:12 AM Tigard Festival of Balloons 01116106 Balance Sheet Accrual Basis As of January 16, 2006 Jan 16,06 ASSETS Current Assets Checking/Savings Wells Fargo - Checking 2,664.64 Total Checking/Savings 2,664.64 Accounts Receivable Accounts Receivable 1,000.00 Total Accounts Receivable 1,000.00 Other Current Assets Inventory 897.75 Total Other Current Assets 897.75 Total Current Assets 4,562.39 Fixed Assets Equipment 4,947.65 Accumulated Depreciation -1,159.03 Total Fixed Assets 3,788.62 TOTAL ASSETS 8,351.01 LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Due to/from DPN 1,653.17 Loan from DP Nicoll 1,270.50 Total Other Current Liabilities 2,923.67 Total Current Liabilities 2,923.67 Total Liabilities 2,923.67 Equity Retained Earnings 5,252.34 Net Income 175.00 Total Equity 5,427.34 TOTAL LIABILITIES & EQUITY 8,351.01 Page 1 { Phom: (WS) 9118-1200 Ar ides oftncorpondloi--Nonprafl4 Fwr• f~cflU .OttAlnt _ _ _ - = Sttuatnry of State For *M= use onpf • % 255 Capitd St. NE, SURA 151 FILED S.1om. OR t731O.1327 Registry Number.a N OV 1 6 2000 Attach Additional Sheet if Noomory OREGON Please. rrpdt of Pr6u Lflglbty in Ste* 1* IMCRETARY OF STATE 1) wwE ~.swar+tad~~ awe _ - - - - 2) RBCISUREo AGENT 71 WILL THE tumpopkrKm H&VIMttuams 7 tSrst~r f;~u~r~'R t~Y.a ~N. AOORESS Of ftwrmfo AOSNr (ma be an onasa Ames Aa&ass 8) PsTWoUT)aN or AAsseys WoN DmsowTWN R ~s A MID. D. . nnttrat b 2m featstaraA agent's Wsimsa off=. tWSI v+du0• av. /~`►I'~/c~ d ,7l ~C/1~~L ~oJ 00 S/ -/t~7~, oat W. no PO booms.) fir- , a 1157.a./°~ 19 ~ ''31 ~'i~f>sRD Clfi¢ryBF~e ~ Le~/~-,~c~ 3 dory oG T/~,4~D a) Ampotr.POR Rraib*tc - 3 ~tsRi2p oTi9~C.,y C/LU15 ERE TO MOCATE Cff-DO NOT NWMMT F.WL SCUMAIM KRAUMM ~ TH06 to no oeuoArtoNOr:NCVARrocr~aowusataawttnnYOaaawrRw W►ILttfO SOtACttA710Ni. iNF.1~ RICIt tllsLY#IfSag1A11DNAL ORS SiA71 ST OPMMAL PROVISIONS (Aned1 a "Cant. 9114101.) 6) TYPE Of CORPORAT)ON 09PvMC 5on4m i.! Pa"t"h l.." 13 tiaspDUa Cj) tMCORmvATORs llRt tUm; ymadd-sms of earn moorporator. Atan1 a separsta shat i nsaaasrya ,ePvt,&- ttus I~396 Sw TivESX,~~~ Sr 76-IVD 97y 05 L3,411,4 r, P l/s7s td. AkiF« <bf4 iii Tien 7a)-3 15) EXECUTION (Aa ins xporataea must son. Alto-% a separda tn"t d n►ass"ry.) ! Prtat]ij~xnn S;9nalure' FEES Naastrra a ~ M YIOA PMlaltCpp. T7 odwrrasrana oar. I flit w&m be km~ M ■ "psun 11) CONTACT MAW Mynm PNONa Mmu;t - INCt mum ARt& 009 ~1pt~ -V&& Q-612' CRt 12 (Rev. IVW) Jkli-lb From-SOS INFO 503-378-1803 T-180 P_001/002 F-888 r Secretary of StV.- Corporation Division Registry Number: 782861-85 255 Capitol Street NE, Suite 151 Salem, OR 97310-1327 Date of Incorporation: 11/16/2000 Type: DOMESTIC NONPROFIT Phone:(503)886-2200 CORPORATION Fax:(603)378-4361 www.scs.state.or.us/corporation/corphp.htm -MARRY F LE C?J04/2004 FAX: (503) 692-1799 FEB Z 7 2004 RE: TIGARD FESTIVAL OF BALLOONS INC OREGON REINSTATEMENT AMENDED SECRETARY OF STATE Please complete and return this letter and any enclosed documents for filing the requested reinstatement/reactivation. Submit,$150.00 for the required fees. The above entity hereby requests to be active on the records of the Corporation Division. The effective date of administrative dissolution is 1-17-03. The *n,(s) fo qnrati,ve olution has been eliminated or did not exist. B Date: 0 (Authorized Signatu ) Any fees submitted with this document are nonrefundable and will be held for 45 days. If the document is returnd for filing within 45 days no additional fees will. be due unless otherwise stated in this letter. Business Registry Corporation Division (503) 986-2200 RONSRO NONFILF-ABLE 02/04/2004 INTEPN:LL REVENUE SERVICE D=YHRT!,12-NT OF THE TREASURY P. O. Box 2508 CINCINNATI, OH 4520= Employer identi.fica~-ion Number: Da-z: MAR 16 2001 91-1811147 DLN: 17053327062000 TICA.RD F FESTIVAL OF B.A, LOONS INC Contact Person: 11575 SW PACIFIC HWY #131 LISA MVAN DER SLUTS ID,". 95254 TIGA.RD, OR 97223 Contact Telephone N~-:.;.ber: (877) 829-5500 Internal Revenue Code Section 501 (c) 0) Accounting Period Ending: December 33 Form 990 Required: Yes Addendum Applies: No Dear roolicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(a) of the Internal Revenue Code as an organization described in the section indicated above. Unless specifically excepted, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) for each employee to whom you pay $100 or more during a calendar year. And, unless excepted, you are also liable for tax under the Federal Unemployment Tax Act for each employee to whom you pay $50 or more during a calendar quarter if, during the current or preceding calendar year, you had one or more employees at any time in each of 20 calendar weeks or you paid wages of $1,500 or more in any calendar quarter. If you have any questions about excise, employment, or other Federal taxes, please address them to this office. If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status. In the case of an amendment to your organiza- tional document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth Letter 948 (DO/CG) TIGARD FESTIVAL OF BALLOONS INC month after the end of your annual accounting period. penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Donors may not deduct contributions to you because you are not an organ- ization described in section 170(c) of the Code. Under section 6113, any fundraising solicitation you make must include an express statement (in a conspicuous and easily recognizable format) that contributions or gifts to you are not deductible as charitable contributions for Federal income tax purposes. This provision does not apply, however, if your annual gross receipts are normally $100,000 or less, or if your solicitations are made to no more than ten persons during a calendar year. The law provides penalties for failure to comply with this requirement, unless failure is due to reasonable cause. . If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about your exempt Letter 948 (DO/CG) TIG -z7 FESTIVAL OF BALLOONS T_NC status, you should keep it in ycur permanent records. We have sent a copy of this letter to your renresentazive as indicated in .e° power cf attorney. T_f you have any questions, please contact the person. ,.hose name and telephone number are shown in the heading of this letter. Sincerely yours, Steven T. Miller Directcr, Exempt Organizations Letter 948 (DO/CG) A NDED CORPORATE BYLAWS TIGARD FESTIVAL OF BALLOONS, INC. 40P ARTICLE I NAME The name of the non-profit corporation is Tigard Festival of Balloons, Inc. The corporation's registered agent is David Nicoli, and the agent is located at 19600 SW Cipole Rd_, Tualatin, OR 97062. ARTICLE H PURPOSE The purpose of the corporation is to conduct an annual family oriented festival structured to allow other community and local non-profit groups to raise funds for their specific needs and purposes- ARTICLE III MEMBERS The corporation shall have no members. The affairs of the corporation shall be managed by a Board of Directors. ARTICLE IV BOARD OF DIRECTORS 4.1 General Powers. The affairs of the corporation shall be managed by its Board of Directors 4.2 Number, Tenure and Qualifications. The number of directors shall be five (5). A director's term of office shall be three years, except that initial terms may be staggered so that not more than one-half plus one of the total authorized are elected at any one time. Each director shall hold office until his term expires or until removed. However, if a director's term expires, the director shall continue until the successor shall have been elected and qualified Directors do not need to be residents of Oregon. At all times, a majority of the board must be uncompensated and unrelated. Page 1 of 6 - BYLAWS OF TIGARD FESTIVAL OF BALLOONS, WC. 4.3 Regular meetings of the Board of Directors. The Board of Directors may provide, by resolution, the time and place either within or without the state of Oregon, for the holding of regular meetings, which shall be held without other notice than such resolution. If permitted by Section 4.6, any such regular meeting may be held by telephone. 4.4 Special Meetings of the Board of Directors. Special meetings of the Board of Directors may be called by or at the request of the president or any two directors. Notice of any special meetings shall be given at least ten days before the meeting either orally or in writing. If mailed, the notice is deemed to be effective at the earlier of: r when received; • five days after deposited in the United States Mail with the director's business address with postage thereon prepaid; or • the date shown on the return receipt if sent by registered or certified mail return receipt requested and the receipt is signed by or on behalf of the director. Any director may at any time waive notice of any meeting. Such notice is to be in writing. The attendance of a director at a meeting shall constitute a waiver of notice of such meeting. Special meetings may be held by telephone if allowed in Section 4.6. 4.5 Quorum. If Section 4.2 established a fixed board size, a majority of the number of directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. The uncompensated and unrelated rules in Section 4.2 do not apply to this Section 4.5. 4,6 Manner of Acting. The act of the majority of the directors present at the meeting at which a quorum is present when the vote is taken shall be the act of the Board of Directors unless the articles of incorporation or these ByLaws require a greater percentage. Any or all directors may participate in a regular or special meeting by, or conduct the meeting through the use of many means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this.means is deemed to be present in person at the meeting. 4.7 Action Without a Meeting. Any action required or permitted to be taken by the Board of Directors at a meeting may be taken without a meeting if all the directors take the action, each one signs a written consent describing the action taken, and the consents are filed with the records of the corporation. Action taken by consent is effective when the last director signs the consent, unless the consent specifies a different effective date. A signed consent has the effedt of a meeting vote and may be so described in any document. 4.$ Removal of Directors. The directors may remove one or more directors at a meeting called for that purpose if notice has been given that a purpose of the meeting is such removal. The removal may be with or without cause. A majority vote of the Board of Directors is required. Page 2 of 6 - BYLAWS OF TIGARD FESTIVAL OF BALLOONS, INC. 4.9 Compensation of Board Members; Relationship of Members. The majority of the Board of Direct-,'s will be non-&-;?aried and will not be related to salaried personnel or to parties giving services. In addition, salaried Board Members cannot vote on their own compensation and the compensation decisions will be made by the board. Article V OFFICERS 5.1 Number of Officers. The officers of the corporation shall be a president, vice- president, a secretary and a treasurer, each of whom shall be appointed by the Board of Directors. The same individual may simultaneously hold more than one office in the corporation. 5.2 Appointment and Term of Office. The officers of the corporation shall be appointed by the Board of Directors for a term as determined by the Board of Directors. The designation to a specified tern grants no contract rights to the officer, and the board can remove officer at any time prior to the termination of such term. If no terns is specified, the officer shall hold office until they resign or are removed in the manner provided in Section 5.3. 5.3 Removal of Offcers. Any officer or agent may be removed by the. Board of Directors at any time, with or without cause. 5.4. President The president shall be the principal executive officer of the corporation and, subject to the control of the board shall in general supervise and control all of the business and affairs 'of the corporation. The president shall when present, preside at all meetings of the Board of Directors. The president may sign, with the secretary or other officer authorized by the Board of Directors, deeds, mortgages, bonds, contracts, or other instruments the board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by the ByLaws to some other officer or agent of the corporation, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of president and such other duties as may be prescribed by the Board of Directors from time to time. 5.5 Vice President. If appointed, the vice-president shall perform the duties of the president when the president is unable. 5.6 Secretary. The secretary-shall: a. Keep the minutes. of the proceedings of the Board of Directors in one or more books provided for that purpose; Page 3 of 6 - BYLAWS OF TIGARD FpSTIVAL OF BALLOONS, INC. b. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; C. Be custodian of the corporate records and of any seal of the corporation and if there is a seal, see that it is affixed to all documents the execution of which on behalf of the corporation under its seal is duly authorized; d. When requested or required, authenticate any records of the corporation; and e. in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him or her by the president or by the Board of Directors. 5.7 Treasurer. The treasurer shall: a. Have charge and custody of and be responsible for all funds and securities of the corporation; b. Receive and give receipts for motleys due and payable to the corporation from any source whatsoever, and deposit all such money in the name of the corporation in such banks, mist companies, or other depositories as shall be selected by the Board of Directors; and C, in general perform all of the duties incident to the office of treasurer and such other duties as may be assigned to the treasurer by the president or by the Board of Directors. 5.8 hiring Employees. The board shall have the authority to hire full or part time employees. ARTICLE VI COMMITTEES The Board of Directors shall `create committees to assist in the operations of the corporation as deemed necessary. ' . ' ARTICLE VII GIFTS The board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the corporation. Page 4 of 6 - BYLAWS of TIGARD FESTIVAL of BALLOONS, INC. ARTICLE V-111 BOOKS AND REE-`ORDS The corporation shall keep correct and cornr)lete books and records of the account and shall also keep minutes of the proceedings of its Board of Directors. The fiscal year of the corporation shall be the calendar year. ARTICLE IBC NON-LIABILITY OF DIRECTORS AND OFFICERS IN CERTAIN CASES No director nor officer nor member of the executive committee or any other committee shall be liable for his acts as such if he is excused from liability under any present or future provision or provisions of the Oregon Non-Profit Corporation Act of the Oregon Business Corporation Act; and, in addition, to the fullest extent now or hereafter permitted by the Oregon Non-Profit Corporation Act or the Oregon Business Corporation Act, each officer or director or member of any committee shall, in the discharge of any duty imposed or power conferred upon him by the association, be fully protected if, in the exercise of ordinary care, he acted in good faith and in reliance upon the written opinion of an attorney for the association, the books account or reports made to the association by any of its officials or by an independent certified public accountant or by an appraiser selected with reasonable care by the Board of Directors or by such committee, or in reliance upon other records of the association. ARTICLE X INDEMNIFICATION OF DIRECTORS AND OFFICERS Each director and each officer or former director of officer of the association and each person who serves at its request as a director or officer of another association in which it owns shares of capital stock or of which it is a creditor, shall be and hereby is indemnified by the association against liabilities imposed upon him and expenses actually and reasonably incurred by him in connection with any claim against him, or the defense of any action, suit or proceeding to or in which be is or may be made a party by reason of his being or having been such director or officer, and against such sums as independent counsel selected by the Board of Directors shall deem reasonable payment made in settlement of any such claim, action, suit or proceeding primarily with a view of avoiding expenses of litigation; provided, however, that no director nor officer shall be indemnified with respect to matters as to which he shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty, or with respect to any matters which shall be settled by the payment of sums which counsel selected by the Board of Directors shall not deem reasonable payment made primarily with a view of avoiding expenses of litigation, or with respect to matters for which indemnification would be against public policy. Such right of indemnification shall be in addition to, but shall not exclude, any other rights to which directors or officers may be entitled. Page 5 of 6 - BYLAWS OF TIGARD FESTIVAL OF BALLOONS, INC. ARTICLE X1 ITSSI1lLkNCE The Board of Directors shall have in its discretion tha power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the association, or is or was serving at the request of the association as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity or arising out of his status as such, whether or not the association would have the power to indemnify him against such liability under the provisions of the Oregon Non-Profit Corporation Act or the Oregon Business Corporation Act, and the Articles of Incorporation or these ByLaws. ARTICLE XII AMENDMENTS TO BYLAWS These ByLaws may be altered, amended or repealed and new Bylaws may be adopted by the affirmative vote of a majority vote of the Board of Directors, provided that at least thirty days written notice is given of the intention to alter, amend or repeal or to adopt new ByLaws at sucli meeting. Adopted this day of , 2004. Page 6 of 6 - BYLAWS OF TIGARD FESTIVAL, OF BALLOONS, INC. *11, TOTAL PAGE. 07 r,:~ f CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2006-07 COMMUNITY EVENTS FUNDING REQUEST Due: February 3, 2006 Event Name: Tigard 41h of July Celebration Address: Tigard 41h of July, Inc., 12420 S.W. Main Street City, State, Zip: Tigard, Oregon 97223 Contact Name: Mike Marr Telephone Number: 503-624-2975 E-mail address: mikemarr@verizon.net 1. Request (express in whole dollar amounts only) Cash $10,000.00 In-Kind Services (use of City property, City staff support, - $ 1,600.00 etc. Please explain the services requested on a separate sheet) Total Request - $11,600.00 2. Purpose of Funding Request: See letter attached 3. How will this event benefit the Tigard Community? 4. How many Tigard residents do you anticipate participating in this event (or these events)? 5. Please submit the following information with this request: a. Detailed budget, including FY 2004-05 actual expenditures, FY 2005-06 Adopted Budget, and FY 2006-07 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year." TIGARD 4TH OF JULY, INC. Statement of Assets, Liabilities, & Fund Balance (Unaudited) December 31, 2005 Current Year 12 Mo. Period To Date 1000 ASSETS 1450 Cash - Non Interest Bearing 1451 Petty Cash (45.68) 0.00 1452 General Checking Account (314.52) (2.00) 1460 Savings & Temp. Investments 1461 Savings 0.00 0.00 1470 Accounts Receivable 1471 Accounts Receivable 0.00 0.00 1476 (Uncollectable Allowance) 0.00 0.00 1480 Pledges Receivable 1481 Pledges Receivable 0.00 0.00 1486 (Uncollectable Allowance) 0.00 0.00 1490 Grants Receivable 1491 Grants Receivable 0.00 0.00 1500 Recievables from Related Parties 1501 Receivables from Directors 0.00 0.00 1510 Other Receivables 1511 Notes Receivable 0.00 0.00 1516 (Uncollectable Allowance) 0.00 0.00 1520 Inventories For Sale or Use 1521 Inventories For Sale or Use 0.00 0.00 1530 Prepaid Expenses / Deferred Charges 1531 Prepaid Expenses 0.00 0.00 1540 Investments - Securities 1550 Investments - Assets 1560 Investments - Other 1570 Equipment 1571 Equipment 0.00 0.00 1576 (Accumulated Depreciation) 0.00 0.00 1580 Other Assets TOTAL ASSETS (360.20) (2.00) 2000 LIABILITIES 2600 Accounts Payable & Accrued Exp 2601 Accounts Payable 0.00 0.00 2610 Grants Payable 2611 Grants Payable 0.00 0.00 2620 Revenue Designated (Future Per.) 2621 Revenue Designated 0.00 0.00 2630 Loans from Related Parties 2631 Loans from Directors 0.00 0.00 2640 Mortgages/Notes Payable 2641 Notes Payable 0.00 0.00 2650 Other Liabilities 2651 Other Liabilities 0.00 0.00 Total Liabilities 0.00 0.00 1 J TIGARD 4TH OF JULY, INC. Page 2 Statement of Assets, Liabilities, & Fund Balance (Unaudited) December 31, 2005 Current Year 12 Mo. Period To Date 3000 FUND BALANCES 3670 Current Funds 3671 Unrestricted Funds 0.00 0.00 3676 Restricted Funds 0.00 0.00 3680 Equipment Fund 3690 Endowment Fund 3700 Other Fund 3710 Capital Stock or Trust Principal 3711 Capital Stock 0.00 0.00 3720 Paid In or Capital Surplus 3730 Retained Earnings / Accumulated Income 3731 Retained Earnings > 01/01/2004 0.00 (358.20) 3732 Current Earnings > 12/31/2004 360.20 360.20 Total Fund Balance 360.20 2.00 TOTAL LIABILITIES & FUND BALANCE 360.20 2.00 0.00 0.00 Footnote: Excess Ice Cream Bars and Popsicles donated to DARE Summer Camp Footnote: Footnote: 2 r TIGARD 4TH OF JULY, INC. Statement of Revenue & Expense (Unaudited) December 31, 2005 Current Year 12 Mo. Period To Date 4000 INCOME 4010 Contributions, Gifts, Grants 4011 Direct Public Support (2,992.92) (2,992.92) 4012 Indirect Public Support 0.00 0.00 4013 Government Grants (8,500.00) (8,500.00) 4020 Program Service Revenue 4030 Membership Dues / Assessments 4040 Interest Earnings 4050 Dividends / Interest on Securities 4060 Net Rental Income 4061 Gross Rents 0.00 0.00 4066 Rental Expenses 0.00 0.00 4070 Other Investment Income 4080 Gain / Loss from Sale of Assets 4081 Gross Sale Amount 0.00 0.00 4086 Cost / Expense 0.00 0.00 4090 Fundraising Events 4091 Gross Revenues 0.00 0.00 4096 Direct Expenses 0.00 0.00 4100 Gross Profit from Sales 4101 Gross Sales Less Returns (947.80) (947.80) 4106 Cost of Goods Sold 672.17 672.17 4107 Cost of Goods Sold 0.00 0.00 4108 Cost of Goods Sold 97.75 97.75 4110 Other Revenue Total Revenue (11,670.80) (11,670.80) 6000 EXPENSES 6130 Program Service Expenses 6131 Tigard 4th Celebration 11,915.00 11,915.00 6140 Management & General Expenses 6141 Bank Service Charges 66.00 66.00 6142 Miscellaneous 50.00 50.00 6150 Fundraising Expenses 6151 Miscellaneous 0.00 0.00 6160 Payments to Affiliates Total Expense 12,031.00 12,031.00 (Excess) or Deficit 360.20 360.20 3 Tigard 4th of July, Inc. A Not for Profit Corporation FIN 93-1031978 (503) 624-2975 First Bank of Tigard Building 12420 S. W. Main Street Tigard, Oregon 97223 February 3, 2006 Mr. Tom Imdieke Interim Finance Director City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Tom, The Board of Directors of Tigard 4th of July, Inc., a Non Profit Corporation, submit this letter with enclosures as our Funding Request for the Fiscal Year 2006 - 2007. To the criteria for funding, we submit the following comments: (1) The Tigard Old Fashioned 4th of July Celebration is primarily for Tigard area residents; we do not advertise outside of the area. (2) This event is open to all citizens, with the only restrictions being no alcoholic beverages, no smoking, no personal barbecues and no personal fireworks. (3) We stress a family oriented type of celebration on this annual event, with effort to provide quality entertainment, a family/community style picnic atmosphere, and public opportunity to participate at no cost (unless they should desire to purchase snacks at very reasonable prices, the proceeds going toward the subsequent year's event). (4) With nineteen annual events successfully accomplished (the first was in 1987), we feel that the event has proven to be valuable to the community, and very affordable for the city and the citizens attending. (5) As with item (4), the Board of Directors feel that our success for nineteen years, and the records we have kept, demonstrate an ability to reach our goals and keep within reasonable budget commitments. (6) Financial Statements are annually prepared and submitted. Tom Imdieke City of Tigard February 3, 2006 Page 2 (7) The Funding Request per our previous agreements with the City of Tigard are based upon the encouragement of other sources of revenue. We hope you find the information contained herein to be adequate for the City's budgeting purposes. We also hope you look forward to enjoying each year's event as much as we look forward to putting it on. Last year, the City of Tigard approved an award of $ 7,500.00 for the 2005/2006 fiscal year. We will be seeking some or all of the $ 7,500.00 in June of 2006. For the fiscal year 2006/2007, the Board of Directors of Tigard 4`h of July, Inc. requests $ 10,000.00 in contribution from the City of Tigard. For most of the nineteen years, we have been able to present the event with the same $ 7,500 support from the City of Tigard. However, in recent years the costs have increased and other public/private support has been increasingly difficult to obtain. Numerous people have suggested that we seek an increase from the City of Tigard. We find the $ 10,000 to be an adequate amount to ensure the success and continuation of the 4th of July Celebration. With regards to City in-kind contributions, we have identified the following impacted areas: Public Works - If the City Public Works personnel prepare the fireworks firing trench; I have been previously advised that the estimated cost is $ 400 (1999 $ subject to indexed adjustment). Police Department - The Police Department is advised of the event and incurs an estimated $ 1,200 (1999 $ subject to indexed adjustment) of cost for what primarily is traffic control after the event. Officers are present during the event more for public relations than for any policing requirements. We support the Officers presence, making some very important contacts with the citizens and youth in particular. Administration - Insurance for the event previously was accomplished by a rider to the City's existing policy. Loreen Mills advised that there was no additional charge for this rider. Tigard 4th of July, Inc. purchased liability insurance from the fireworks supplier for the 2005 event. Tom Imdieke City of Tigard February. 3, 2006 Page 3 Should you have questions about any of the above, please contact me for assistance. Sin ' e~,7,; R. Michael Marr Treasurer RMM/dbm Enclosures CC: Board Members CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-691-4141 FY 2005-06 COMMUNITY EVENTS FUNDING REQUEST Due: February 5. 2006 Event Name: City of Tigard Dog Park Community Events Address: 12605 S.W. 121s. Ave. City, State, Zip: Tigard, OR 97223-2905 Contact Name: Jim Stevens Telephone Number: 503-590-2896 1. Request (expenses in whole dollar amounts only) Cash $ 400 In-kind services $ 0 Total Request $ 400 2. Purpose of Funding Request: Off-leash dog parks are an important aspect in the scope of what our city offers its residents. The response to our programs in the 2005-2006 fiscal year continues to increase year after year. The funding we are requesting allows the off-leash dog parks to continue to provide the Tigard residents with safe areas where dogs and owners can play and socialize. The Committee's activities include events to raise awareness about the dog parks through education and special events. Members and volunteers donate time and money toward painting and construction along with assisting the Parks Department with general maintenance of the parks. The committee also serves as a front line of communication to park users as well as addressing concerns that get escalated go to the Parks Department and in many instances resolving issues with park users through intervention and education. We continue to serve as a model for other cities who are considering the addition of dog parks into their communities. Dog Days of Tigard: This is a late July celebration of Tigard's off-leash dog parks held at Potso Dog Park. It is a way of letting park goers know of the partnership of Coe Manufacturing and the City of Tigard in providing the dedicated dog park area and the City of Tigard's support on having established dog parks. Events include such things as a demonstration of the Washington County Sheriff's Office K-9 Unit, information booths on animal health, behavior, obedience training, etc. Monies will be used for refreshments, flyers and prizes. $100 _ Summer Lake Birthday Party: The 2005 event held at Summer Lake Park was used to dedicate a memorial bench to the late Mayor Griffith. We raised funds for more canopies to provide shade and weather protection for special events held at all the Tigard Dog Parks along with improved methods for dispensing needed water in the dog parks. Requested funds are for printing of flyers, posters, decorations, prizes and replacement of items such as watering bowels. $100 Tigard Blast: Participation in the Tigard Blast parade raises awareness of the dog parks in Tigard, our commitment to the community and support of the city. Requested funds are for: printing of fliers and posters, balloons and bandanas, dog treats. $35 Halloween Dog Party: This is our largest attended annual event with city leaders (the Mayor, Director of Parks, etc.) always returning as our esteemed judges. Requested funds are for: printing of fliers and posters, decorations, refreshments, prizes. $125 Office Supplies: This money will pay for laminating communications to be posted at the parks, canine education flyers and printing. $40 3. How will this event benefit the Tigard Community? Off-leash dog parks provide dogs and their owners with designated space for exercise and socializing. They also promote responsible pet ownership. The parks allow dogs adequate space to run, jump, fetch, and play without creating conflicts with other park users. Funds raised at the events will go into improving and promoting use of the dog parks and education of owners. This past year money raised through donations at various events helped fund a park bench at Summer Lake Park. 4. How many residents do you anticipate participating in this event (or these events)? Participation at actual events runs between 30-75 residents per event. Educational material reaches 150+ per series in distributed fliers alone. The material is also posted throughout the dog parks so the total number of residents who additionally read the fliers without taking a copy is significantly higher but difficult to measure. Also, the City of Tigard's web site has links to the dog parks for people to give the committee feedback on events, register concerns and make suggestions. We don't have figures on how many contacts are made at the site, but the information received has been vary valuable especially when diffusing conflicts between dog owners. Requested additional information: A. Fiscal Year 03-04 (as of January 25, 2005) Revenues (Contributions to the Dog Park Trust Account) $1079.43 Expenditures by Parks Department from Trust $ (99.99) Expenditures by Tigard Dog Park Committee from Trust $ (1233.53) Revenues (City Grant Funds) $400.00 Expenditures by Tigard Dog Park Committee from Grant $(399.78) Expenditures by in-kind donations from committee $(251.00) Fiscal Year 04-05 (as of January 25, 2005) Revenues (Contributions to the Dog Park Trust Account) $1139.37 Expenditures by Parks Department from Trust $ ( 0 ) Expenditures by Tigard Dog Park Committee from Trust $ (186.04) Expected Expenditures by Committee for balance of fiscal 2005 $ (840) Revenues (City Grant Funds) $450.00 Expenditures by Tigard Dog Park Committee from Grant $(342.71) Expected Expenditures by Committee for balance of fiscal 2005 $ (118) Expenditures by in-kind donations from committee $(287.00) Fiscal Year 05-06 (as of January 7, 2006) Revenues (Contributions to the Dog Park Trust Account): $(1296.55) Expenditures by Parks Department from Trust: $ (0) Expenditures by Dog Park Committee from Trust: $(475.26) Expected Expenditures by Committee for balance of fiscal 2006: $(800.00) Revenues (City Grant Fund): $450 Expenditures by Tigard Dog Park Committee from Grant: $ (449.78) Expenditures by in-kind donations from Committee: $(250.00) Fiscal Year 06-07 Proposed Budget Revenues (Contributions to the Dog Park Trust Account) $1000 Expenditures $ 1500 a. Audit report or financial statement for last fiscal year: see attached From Roger Dawes, Senior Accountant, City of Tigard Finance Department b. Articles of Incorporation: None c. 501 (C) (3) status: None General Ledger Detailed Trial Balance User: amanda Printed: 01/07/2005 - 3:12 CITY OF TIGARD Period 1 to 6, 2005 Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 100 GENERAL FUND LIABELI TIES 100-0000-229081 ks Trust Account 07/15/2004 CR 01 000213 Cash Receipts Batch 415.07.2004 0.00 310.36 07/29/2004 CR 01 000395 Cash Receipts Batch 429.07.2004 0.00 160.00 08/05/2004 AP 02 000049 Julie Wittman Ck# 33313 21.75 0.00 Dog Park Items 08/06/2004 CR 02 000091 Cash Receipts Batch 406.08.2004 0.00 82.34 08/25/2004 AP 02 000334 Julie Wittman Ck# 33637 21.75 0.00 Dog Park Expenses 08/31/2004 AP 02 000427 Julie Wittman Ck# 33736 19.70 0.00 Dog Park Expense 09/07/2004 CR 03 000079 Cash Receipts Batch 307.09.2004 0.00 9.40 09/08/2004 CR 03 000102 Cash Receipts Batch 408.09.2004 0.00 81.49 09/23/2004 CR 03 000331 Cash Receipts Batch 423.09.2004 0.00 100.00 10/13/2004 CR 04 000160 Cash Receipts Batch 413.10.2004 0.00 85.69 11/03/2004 CR 05 000045 Cash Receipts Batch 004.11.2004 0.00 10.00 11109/2004 CR 05 000128 Cash Receipts Batch 409.11.2004 0.00 257.00 11/12/2004 CR 05 000164 Cash Receipts Batch 412.11.2004 0.00 43.09 12/15/2004 AP 06 000190 Chris Garsteck Ck# 35195 122.84 0.00 Dog Park Expenses 100-0000-229081 Totals: (399.47) 186.04 1,139.37 (1,352.80) 100-0000 LIABILITIES Totals: (399.47) 186.04 1,139.37 (1,352.80) LIABILITIES Totals: (399.47) 186.04 1,139.37 (1,352.80) GL -Detailed Trial Balance (01/07/2005 - 3:12) Page 1 Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 100 Totals: 0.00 (399.47) 186.04 1,139.37 (1,352.80) Report Totals: 0.00 (399.47) 186.04 1,139.37 (1,352.80) GL -Detailed Trial Balance ( 01/07/2005 - 3:12) Page 2 General Ledger Detailed Trial Balance user: amanda Printed: 01/21/2004- 8:10 CITY OF TIQARD Period 1 to 7, 2004 Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 100 GENERAL FUND LIABILITIES _ 100-0000.229079 Dog Park Social Service Grant 07/1012003 GL 01 000132 Dog Park money transfer 0100 400.00 07/11/2003 AP 01 000153 DON OSMANSKI Ck# 27465 6.50 0.00 Dog Park Expense 07/24/2003 AP 01 000350 DON OSMANSKI Ck# 27669 50.00 0.00 Tigard Dog Park 07/24/2003 AP 01 000350 JULIE WITTMANN Ck# 27701 94.90 0.00 Tigard Dog Park 10/09/2003 AP 04 000116 JULIE WITTMANN Ck# 28846 16.00 0.00 Tigard Dog Parks 11/06/2003 AP 05 000057 CHRIS GARSTECK Ck# 29283 66.47 0.00 Tigard Dog Park 11/06/2003 AP 05 000057 JULIE WITTMANN Ck# 29330 12.61 0.00 Tigard Dog Park 100-0000-229079 Totals: 0.00 246.48 400.00 (153.52) 100-0000 LIABILITIES Totals: 0.00 246.48 400.00 (15152) LIABILITIES Totals: 0.00 246.48 400.00 (153,52) 100 Totals: 0.00 0.00 246.48 400.00 (153.52) GL -Detailed Trial Balance (01/21/2004 - 8:10) Page 1 Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance Report Totals: 0.00 0.00 246.48 400.00 (153.52) GL -Detailed Trial Balance (01/21/2004 - 8:10) Page 2 General Ledger Detailed Trial Balance User: amanda Printed: 01/07/2005 - 3:11 CITY OF TIDARD Period 7 to 12, 2004 ` / V Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 100 GENERAL FUND LIABRXnES 100-0000-229079 Dog Park Social Service Grant 01/28/2004 GL 07 000291 Correction per Chris Garsteck to proper account 22.24 0.00 01/28/2004 GL 07 000291 Correction per Chris Garsteck to proper account 83.83 0.00 01/28/2004 GL 07 000291 Correction per Chris Garsteck to proper account 16.29 0.00 01/28/2004 GL 07 000291 Correction per Chris Garsteck to proper account 19.99 0.00 05/06/2004 AP 11 000066 Julie Wittman Ck# 31829 10.95 0.00 Tigard Dog Park Expenses 100-0000-229079 Totals: (153.52) 153.30 0.00 (0.22) 100-0000 LIABILITIES Totals: (153.52) 153.30 0.00 (0.22) LIABILITIES Totals: (153.52) 153.30 0.00 (0.22) 100 Totals: 0.00 (153.52) 153.30 0.00 (0.22) Report Totals: 0.00 (153.52) 153.30 0.00 (0.22) GL -Detailed Trial Balance (01/07/2005 - 3:11) Page I General Ledger ~vL O- Detailed Trial Balance ~4G User: amanda Printed: 01/07/2005- 3:11 CITY OF TIC~ARD Period 1 to 6, 2005 Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 100 GENERAL FUND LIABILITIES 100-0000-229079 Doi Park ocial Service G t 07/02/2004 GL 01 000041 COTParks vents FY 04-05 08/05/2004 AP 02 000049 Julie Wittmann Ck# 33313 19.90 Dog Park Items 08/25/2004 AP 02 000334 Chris Garsteck Ck# 33578 114.01 0.00 Dog Park Expenses 08/25/2004 AP 02 000334 Julie Wittmann Ck# 33637 17.53 0.00 Dog Park Expenses 08/31/2004 AP 02 000427 Don Osmanski Ck# 33702 11.98 0.00 Dog Park Expense 08/31/2004 AP 02 000427 Julie Wittmann Ck# 33736 28.00 0.00 Dog Park Expense 11/02/2004 AP 05 000021 Tim Boman Ck# 34595 11.98 0.00 Dog Park Expense 11/02/2004 AP 05 000021 Chris Garsteck Ck# 34622 45.58 0.00 Dog Park Expenses 12/15/2004 AP 06 000190 Gillian Austin Ck# 35155 86.73 0.00 Dog Park Expenses 12/15/2004 AP 06 000190 Hannah Webb Ck# 35272 7.00 0.00 Dog Park Expense 100-0000-229079 Totals: (0.22) 342.71 450.00 (107.51) I 100-0000 LIABILITIES Totals: (0.22) 342.71, -t 50.00 --(107.51) LIABILITIES Totals: (0.22) 342.71 450,00 (107.51) 100 Totals: 0.00 (0.22) 342.71 450.00 (107.51) GL -Detailed Trial Balance ( 01/07/2005 - 3:11) Page 1 Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance Report Totals: 0.00 (0.22) 342.71 450.00 (107.51) GL -Detailed Trial Balance (01/07/2005 - 3:11) Page 2 J CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2006-07 COMMUNITY EVENTS FUNDING REQUEST Due: February 3, 2006 Event Name: TIC YlA ~~,bj j p ~Y1a.~i~Il~{ti2 Address: JZ3145 5o MoG %Y% 5+ City, State, Zip: i ZT' Contact Name: M M41 VUC T Telephone Number: 5bsj [O - 1(0 rj0 E-mail address: ~f'e,1M~/1 i T ►4~ lN~d G/11~W1~1 - CT1~~_ 1. Request (express in whole dollar amounts only) Cash $ SoDo ► ~o In-Kind Services (use of City property, City staff support, $ etc. Please explain the services requested on a separate sheet) Total Request $ 5, b00 • IS'D 2. Purpose of Funding Request: Pll.O~OQ.~. P.~. 3. How will this event benefit the Tigard ommunity? 4. How many Tigard residents do you anticipate participating in this event (or these events)? .fk~ ,C 5. Please submit the following information with this request: a. Detailed budget, including FY 2004-05 actual expenditures, FY 2005-06 Adopted Budget, and FY 2006-07 Proposed Budget The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. " b. Audit report or financial statements for the last fiscal year.** Cf D j & ~ U zt,4 of CO Where business soars February 1, 2006 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Dear City of Tigard, Thank you for the opportunity to apply for community events funding for the 2006-07 operating year. In an effort to enhance the leadership that exists within our community, the Tigard Area Chamber of Com- merce would like to partner with the City of Tigard to begin "Tigard Leadership Institute", a nine month inten- sive leadership program targeted to citizens, business owners, employees, or anyone looking to make a differ- ence in the future of Tigard. In the following pages, we have outlined the purpose of this funding request, how it will be a benefit to our community, as well as the number of Tigard residents we anticipate to participate in our inaugural year. In addition, you will find copies of the requested financial documents. At this time, our budget committee is still preparing the 2006-07 operating budget and we would be happy to provide a copy of this budget as soon as it becomes available. We believe that a well nm leadership program will continue to foster future leadership for the community of Tigard and continue to build bench strength for years to come. Again, thank you for the opportunity. We look forward to partnering together soon. Sincerely, 7Executive Director On behalf of the Tigard Area Chamber of Commerce 12345 S.W. Main Street, Tigard, Oregon 97223 • 503-639-1656 • FAX: 503-639-6302 www.tigardchamber.org • into@tigardchamber.org sgD w ~w' ~4 of Coo Where business soars Purpose of funding request: The purpose of this funding request is to begin working on a community based leadership program Entitled ".`Tigard Leadership Institute." Through this funding, we will be able to offer an intensive nine month leadership program to the community of Tigard. Through the program, participants will gain a better understanding of our community, how we operate, what services we offer, and more importantly how to become a more involved and engaged leader in Tigard, Ore- gon. Funding this program would act as an incredible partnership between the City of Tigard and the chamber and offer an unprecedented leadership opportunity to the community of Tigard. In addition, this funding would allow the program to offer scholarships to those who otherwise would not be able to attend the Tigard Leadership Institute . 12345 S.W. Main Street, Tigard, Oregon 97223 - 503-639-1656 - FAX: 503-639-6302 www.tigardchamber.org - into@tigardchamber.org w 7~ ~w4 of Coa' Where business soars How will this event benefit the Tigard Community? Tigard Leadership Institute will be a program aimed at enhancing the leadership that exists in our community. It is specifically designed to develop a continued source of informed, civic-oriented leaders who are interested in helping shape and direct the future of Tigard Through a dynamic nine-month series that is structured and participatory, the opportunity for personal growth and immersion in civic issues is provided. Community resources are explored, issues and concerns are identified, in- teractive presentations from business and community leaders are discussed and processed, and new skills are learned and applied. THE BENEFITS The experiences in this unique program will have an immediate and positive effect on the participants, their organi- zations, and the Tigard community. Each participant will go away with more information and new skills to em- power them as community leaders. Through commitment to this nine-month program and commitment to planning and chairing the program for the subsequent year, members will have an unprecedented opportunity to become more aware of the dynamics of social and economic change and the impact that this has on the community. Par- ticipants will also enhance their communication and problem solving skills. Participants will enjoy the immediate benefit of engaging in a networking system for personal and professional advancement. The objectives are: TO FORM a core of motivated and skilled leaders prepared to take charge of community projects. TO PROMOTE cooperation amongst a group of individuals who will guide the future of Tigard. TO CULTIVATE leadership skills and abilities that will mutually benefit the individual participant and the com- munity. TO PROVIDE for interaction and transition between today's leaders and the leaders of the future. The advantages are: TO THE PARTICIPANTS: Professional and personal growth, recognition and exposure and sharpening of com- munication and problem solving skills. TO THE ORGANIZATION: Enhanced community relations, new marketing opportunities, support of employees civic responsibilities and employee development. TO THE COMMUNITY: Involved citizens, skilled and responsive leaders, informed problem solvers. THE COMMITMENT To attend every Leadership class. To get to know the members of your class. To dedicate the skills you have gained from your year in Tigard Leadership Institute to guide the next class in meeting the challenges of leader- ship. Use your leadership skills in service to the community. 12345 S.W. Main Street, Tigard, Oregon 97223 - 503-639-1656 - FAX: 503-639-6302 www.tigardchamber.org - info@bgardchamber.org x w of COrc► l, 7 Where business soars How Many Tigard Residents do you anticipate participating in this event (Or these events)? We anticipate each year's class to be made up of no more than 40 individuals. 12345 S.W. Main Street, Tigard, Oregon 97223 503-639-1656 FAX: 503-639-6302 www.tigardchamber.org • info@tigardchamber.org x w 4 9of co Where business soars Outlined below is an example of a nine month program curriculum THE SCHEDULE Ail-day sessions are scheduled for the second or third Friday each month from September through May, with the exception of the first session, which is two days and one night. All-day participation at each session is imperative. Provocative, informative and experienced speakers from the private and public sectors give generously of their time and knowledge as resource people for the programs. In addition, you will be able to experience first hand the inner workings of our community through fired trips and interactive sessions. September - "Building A Team" Overnight at select location October - "Personal Aspects of Leadership" November - "Interpersonal Relationships" December - "Communications and Media" January - "Government" February - "Law Enforcement" March - "Leading our Youth" April - "Community Services" May - "Tigard - Its History and Splendor" June - " Class project" The Second Year - Previous class plans and leads the new class. 12345 S.W. Main Street, Tigard, Oregon 97223 • 503-639-1656 FAX: 503-639-6302 www.tigardchamber.org • info@tigardchamber.org Tigard Area Chamber of Commerce Logic Model ~ Tigard Leadership Institute- 2006 of cA~' Situation: To revitalize a program that will empower, foster and support Tigard's current and future leaders through a nine month curriculum entitled "Tigard Leadership Institute" Develop Program fosters a height- STAFF Nine month ened sense of community I and builds bench I leadership strength for future lead- Students apply what they i CL1rY'1CUlUn1 ership within our have learned by selecting community a class leadership project [MONEY l Deliver r(-,. , 4 Students gain better un- Stronger, Grotips BOARD results driven ♦ derstanding of how to informed Attend OF become a stronger, more leaders Leadership involved leader in the DIRECTORS CUM Ulum Tigard community 1 Students meet commu- Facilitate nity leaders, learn impor- RESEARCH monthly tant community/regional board meeting issues EP/EO Disclosure Desk P.O. Box 2350 Los Angeles, CA 9005z.) Person to Contact: F. Psi:i.r•ii2•flor- or L. Bar•r-.ag.an T:I:(:•;Ftl' D AREA CHFI'P41:31:::f: Telephone Number: OF (::(71"f`-iI:::G:(::E (213)894-4232 12420 SW MAIN ST Refer Reply to: TIGAD&OP 9722,:--) 90-368 MAY 1 5 1990 RE: 93-0581430 TIGARD AREA CHAMBER OF COMMERCE: Gentlemen: This is in response to your request for a determination letter of the abovO-named organization, A review of our records indicates that the above-named organization was recognized to be exempt from Federal income tax in January 1`•_')49, as an organization described in Inter•n:al. Revenue Code section 501(c)(06). This letter is to verify your exempt status and the fact that the determination letter i.ssmue.d o'n "i.3iahuhr'y 1945 continues to be in effect. If you ii2re in need of further assistance, please feel fr'ee to contact ' me at the above address. We ppr'ec^i<ate your cooperation in this regard. Sincerely, \ Disclosure Assistant (j L J i i I i 2:46 PM Tigard Area Chamber of Commerce 01 /31 /06 Profit & Loss Cash Basis July 2004 through June 2005 Jul '04 - Jun 05 Ordinary Income/Expense Income Balloon Festival Souvenir Booth Souvenir Booth Sales 25.00 Total Souvenir Booth 25.00 Total Balloon Festival 25.00 Bowlerama Sponsorships 683.00 Team Entry Fees 2,070.00 Total Bowlerama 2,753.00 Building Occupancy Community Room Rental 7,365.00 Copies 375.00 Rent Income 18,900.00 Total Building Occupancy 26,640.00 Directory Directory Income 500.00 Total Directory 500.00 Forum Lunches Forum Lunch Expense (4,602.58) Forum Lunch Income 5,691.00 Forum Lunch Sponsorships 955.00 Total Forum Lunches 2,043.42 Fund Raiser 245.00 Golf Toumament Ad Book 1,210.00 Entry Fees 9,760.00 Food & Beverage Exp (1,305.99) Games 1,435.00 Golf Course Charges (10,315.20) Sponsorships 11,244.00 Trophies & Other Expense (481.45) Total Golf Toumament 11,546.36 Hotline Inserts 393.00 Postage (2,310.00) Total Hotline (1,917.00) Interest Income 0.28 Labels 245.00 Membership Dues Initation Fee 825.00 New 8,724.00 Renewal 20,198.23 Total Membership Dues 29,747.23 Miscellaneous (58.00) Pagel 2:46 PM Tigard Area Chamber of Commerce 01/31/06 Profit & Loss Cash Basis July 2004 through June 2005 Jul '04 - Jun 05 Raffles & After Hours 690.00 Relocation Packet Income 125.00 Scholarships (VOLUNTARY) (932.26) Shining Stars Dinner Expense (5,228.10) Other Expenses (213.50) Program Book 1,015.00 Silent Auction 2,952.00 Sponsorships 5,200.00 Ticket Sales 3,475.00 Shining Stars - Other 1,000.00 Total Shining Stars 8,200.40 TFC SEMINAR 573.00 Tigard Blast 475.00 WCVA 3,000.00 Web Site (45.00) Web Site Advertising (1,867.00) Total Income 81,989.43 Expense Bank Charges Service Changes 61.26 Visa Discount 1,175.57 Bank Charges - Other 251.32 Total Bank Charges 1,488.15 Building Expenses Electricity 2,440.92 Garbage 486.65 Insurance - Building Liability 4,698.11 Janitorial 556.00 Maintenance 1,316.08 Mortgage Interest 11,519.55 Natural Gas 944.51 Property Taxes 5,558.99 Security 288.40 Water & Sewer 602.40 Total Building Expenses 28,411.61 Insurance - Board Liability 1,353.00 Leased Personnel Assistant to Executive Director 23,100.15 Benefits 10,428.81 Commission 1,582.34 Executive Director 42,053.76 Fees 12,160.49 Project Specialist 16,429.92 Total Leased Personnel 105,755.47 Miscellaneous Expense 767.05 Page 2 2:46 PM Tigard Area Chamber of Commerce 01/31/06 Profit & Loss Cash Basis July 2004 through June 2005 Jul '04 - Jun 05 Office Expenses Copier Lease 852.15 Total Copier 852.15 Dues 597.00 Equipment 1,664.95 Postage 267.05 Printing 954.99 Signage 114.50 Staff Expense Auto Allowance 1,197.49 Conferences 369.39 Directors Expense 2,192.48 Sotware & Training 694.65 Total Staff Expense 4,454.01 Subscriptions 33.00 Supplies 2,567.02 Telephone 1,866.00 Office Expenses - Other (38.17) Total Office Expenses 13,332.50 Scholarships Paid 1,000.00 Taxes & licenses 44.42 Total Expense 152,152.20 Net Ordinary Income (70,162.77) Net Income (70,162.77) Pane 3 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2006-07 COMMUNITY EVENTS FUNDING REQUEST Due: February 3, 2006 Event Name: S' A 01 r A1101 Address: P. ~S M Z; (D (o y City, State, Zip: Tl 6-AP D q?Z81 -36&q 3~1 g Contact Name: Telephone Number: 1 569) &7-0-1&62- ,bql-l . E-mail address: beck-I~ P L.f 1. Request (express in whole dollar amounts only) Cash $21000,- In-Kind Services (use of City property, City staff support, $ etc. Please explain the services requested on a separate sheet) Total Request s2,000--_ 2. Purpose of Funding Request: J Yew h f Cv5fs fi"i' r) n -a, e0 o GcG~ C~rtc~ . _ _ _ off t c1~~1 dcu~Z"c n c9~ , -0 be- lV&'~ 3. How will this event benefit the Tigard Community? ~ w► a Cq'wVM d_ s/46 d i'rl"ne, £e~ o 4. How many Tigard residents do you anticipate participating in this event (or these events)? 3,56 - A1,00 5. Please submit the following information with this request: a. Detailed budget, including FY 2004-05 actual expenditures, FY 2005-06 Adopted Budget, and FY 2006-07 Proposed Budget. The Budget should;-. identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Lack of adequate financial information could result in denial of request. An electronic version of this application is available by contacting Maureen Denny at maureen@tigard-or.gov. 9:03 PM THS Grad Night 01109106 2005-06 Adopted Budget Cash Basis July 2005 through June 2006 Jul '05 - Jun 06 Income 50/50 1,400.00 Balloon Festival 1,000.00 Corporate Donations 4,000.00 Fundraisers 2,500.00 Grants 2,000.00 Interest Earned 15.00 Juan Young Trust 1,000.00 Parent Donations 1,000.00 Snack Shack 3,000.00 Spring Fling 75.00 Ticket Sales 13,500.00 TSO 1,500.00 Total Income 30,990.00 Expense Cameras/Photography 150.00 Decorations/Set-Up 300.00 Entertainment/Games 550.00 Food 500.00 Gifts 200.00 Insurance 275.00 Miscellaneous Exp 200.00 Postage/PO Box 375.00 Printing 100.00 Prizes 3,000.00 Publicity 300.00 Site Expense 22,000.00 Tax Prep 350.00 Total Expense 28,300.00 Net Income 2,690.00 V Page 1 9:00 AM THS Grad Night 02107/06 Actual Expenditures FY 2004-05 Accrual Basis July 2004 through June 2005 Jul '04 - Jun 05 Income 50/50 1,372.50 Corporate Donations 4,890.00 Fundraisers 2,389.36 Grants 2,000.00 Interest Earned 7.41 Parent Donations 1,403.00 Senior Class 2,000.00 Ticket Sales 13,344.00 TSO 750.00 Total Income 28,156.27 Expense Cameras/Photography 894.00 Decorations/Set-Up 353.66 Entertainment/Games 408.83 Gills 170.95 Insurance 253.00 Postage/PO Box 368.19 Printing 77.14 Prizes 2,668.67 Site Expense 23,495.00 Tax Prep 313.69 Total Expense 29,003.13 Net Income -846.86 Pagel Tigard Graduation Celebration Committee P.O. Box 23664 Tigard, Oregon 97223 -j k r t;, February 1, 2006 Tom Imdieke Interim Finance Director 13125 SW Hall Blvd. Tigard 97223 RE: Tigard High School Graduation Night Funding Approval Dear Tom: I am the new treasurer for the Tigard High Grad Night Committee. As instructed, I am writing to request your contribution to the Tigard High School Non-Alcoholic Graduation Night Celebration in the amount of $2,000. You can send your check to the following address: THS Grad Night Celebration P.O. Box 23664 Tigard, OR 97281-3664 We appreciate the City of Tigard's consistent support of this event. Sincerely, i Beckie Beck Treasurer 4 , CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2006-07 COMMUNITY EVENTS FUNDING REQUEST Due: February 3, 2006 Event Name: Tualatin Riverkeepers' Trips & Tours 2006 Season Address: 12360 SW Main Street City, State, Zip: Tigard, OR 97223 Contact Name: Sue Marshall Telephone Number: (503) 620-7507 1. Request (express in whole dollar amounts only) Cash $ 4,000 In-Kind Services (use of City property, City staff support, $ 500 etc. Please explain the services requested on a separate sheet) Total Request $ 4,500 Tualatin Riverkeepers additionally supports this project through individual contributions from our members, corporate sponsors and support of 117 trained volunteers contributing approximately 1,000 hours of service. 2. Purpose of Funding Request: Funding will support the Tualatin Riverkeepers' 2006 Trips & Tours Season featuring multiple outdoor activities (paddling, picnicking, hiking, and bicycling) that will run April through October. Outreach will be conducted to reach broad and diverse segments of the community including youth, low income, and Latino populations. Featured activities will include: 17"' Annual Tualatin River Discovery Day with Cook Park as midpoint stop along.the route from Tualatin to West Linn. • Paddle/Peddle - a joint event with Audubon Society of Portland that will combine a bike ride along Fanno Creek trail to Cook Park where participants will then launch for a paddle on the Tualatin River. Dia de Disfrute del Rio Tualatin, a bi-lingual paddle/picnic and environmental fair designed for the Latino community. In all we anticipate about 20 events with participation of 600 people during the year. Please see out attached paddling season schedule. 3.. How will this event benefit the Tigard Community? This program provides local recreational opportunities that engages participants in environmental education, connects the community to local natural resources, and fosters watershed stewardship. With our office now located in downtown Tigard, we are looking forward to.expanding activities in and participation of the Tigard community. Cook Park will be featured as the midpoint stop on our 17th annual Tualatin River Discovery Day paddle route and we will organize a new multi- model peddle/ paddle in collaboration with Audubon Society of Portland. The peddle will occur along Fanno Creek Trail with Cook Park as the launch site for the paddle. We also plan to expand the very successful Dia de Disfrute del Rio Tualatin (85 participants). The 3`d annual Dia de Disfrute will also occur at Cook Park and bring together Latino families to enjoy and learn more about the Tualatin River watershed. Our events are open to the public and many of our participants and volunteers are Tigard residents. These experiential activities are a most effective way to promote environmental awareness and stewardship. Additionally, our trips and Tours program encourages outdoors physical activity and promotes a health lifestyle. Many of those who participate in our trips are first time paddlers who gain the skills and confidence needed to then venture out and repeat these experiences on their own. Tualatin Riverkeepers' events are provided free or at a nominal cost of $5 to $10 per person. 4.. How many Tigard residents do you anticipate participating in this event (or these events)? We anticipate over 85 Latino families will participate in the bi-lingual paddle day and approximately 600 individuals will participate in the paddling season as paddlers and volunteers. We will also organize a multi-modal paddle/peddle (30 participants) event highlighting the Fanno Creek trail and Cook Park. We anticipate approximately 30% of all participants will be from the Tigard area. 5. Please submit the following information with this request: a. Detailed budget, including FY 2004-05 actual expenditures, FY 2005- 06 Adopted Budget, and FY 2006-07 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major_ expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years.. Lack of adequate financial information could result in denial of request. NOTE: Tualatin Riverkeepers will develop a proposed 2006-2007 budget in May 2006. This information is not available at this time. INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: ApR 6 ~98~ DLN94-3184499 : 17053059783028 TUALATIN RIVERKEEPERS Contact Person: 16340 SW.BEEF BEND RD D. A. DOWNING SHERWOOD, OR 97140-7411 Contact Telephone Number: (513) 241-5199 Our Letter Dated: September, 1993 Addendum Applies: No Dear Applicant.: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170 (b) (1) (A) (vi) Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you. lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, Distri Director Letter 1050 (DO/CG) Tualatin Riverkeepers' Trips & Tours Program In-Kind Services - use of City property Tualatin Riverkeepers request a grant of $4,000 from the City of Tigard for costs incurred from these events. Costs include: equipment rental and upkeep, traffic control, printing of Tualatin River Tales, and posters, staffing for event registration, and volunteer recruitment, training and coordination. Total cost of the Trips and Tours program is approximately $40,000 supported largely through individual donations, corporate sponsorship, small fees and grants. We are also requesting use of the Cook Park picnic facilities, boat ramp, dock and restrooms for Tualatin River Discovery Day, Dia de Disfrute del Rio Tualatin, and least three paddle trips this season. We assigned an estimated value of $500 for these in-kind services throughout the year. For the past six years, Tualatin Riverkeepers have enjoyed the generous support of the City of Tigard for our Trips & Tours program. Thank you and we look forward to building our partnership further now that our headquarters are located on Main Street, Tigard. LATIN A~RTerlkeepers Tualatin Riverkeepers' Trips & Tours 2006 Paddle Season While Tualatin Riverkeepers (TRK) trips are open to all members and the general public, space is limited and reservations are required. There is a trip charge of $S per person for TRK members and $10 for nonmembers. Canoes are available to members free of charge by reservation. Nonmembers may rent our canoes for ourpaddle trips for $30. Alcohol is not permitted on trips or tours and personal flotation devices must be worn on paddle trips. TRK trips may be cancelled due to severe weather (lightning, flooding, ice, etc.), but will often take place in light rain. Please dress accordingly. All trip leaders are volunteers and are not compensated for the time and energy that they put in to making our Trips & Tours Program successful. Trips may be canceled if we are unable to recruit sufficient volunteer support to lead a safe and enjoyable trip. For more information or to register, please contact us at 503-620-7507 or info@tualatinriverkeepers.org. April 22, Saturday. Wild in the City Paddle Trip and Bike Ride. Where: Fanno Creek Bike Ride & Tualatin River Float. Time: Noon to 4 pm May 13, Saturday. International Migratory Songbird Festival FREE Paddles (Beginner/Intermediate) Where: Tualatin River National Wildlife Refuge, Sherwood. Times: I 1 am & 2 pm May 21, Sunday. Metro Paddle and Hike with Naturalist James Davis (Beginner/Intermediate) Where: Munger Property, Scholls. Time: 10 am to 2 pm June 3, Saturday. Blue Heron Week Celebration Paddle Trip (Intermediate/Advanced) Where: Rood Bridge Park, Hillsboro to Eagle Landing, Scholls. Time: 10 am to 4 pm June 10; Saturday. Metro Paddle and Hike with Naturalist James Davis (Beginner/Intermediate) Where:. Munger Property, Scholls. Time: 10 am to 2 pm June 24, Saturday. 16th Annual Tualatin River Discovery Day Where: Tualatin River National Wildlife Refuge. Time: 9 am to 3 pm July 9, Sunday. Summer Paddle Trip (Beginner) . Where: Cook Park, Tigard. Time: 9 am to noon July 22, Saturday. Summer Paddle Trip (Beginner) Where: Rivergrove Park, Lake Oswego. Time: 10 am to I pm August 5, Saturday. Paddle & Picnic Where: Field's Bridge & Tualatin River Nursery, West Linn. Time: I 1 am to 2 pm August 19, Saturday. Mid-Summer's Night Paddle Trip (Beginner) Where: Tualatin Community Park, Tualatin. Time: 6 pm to 8 pm September 9, Saturday. School's In! Summer Paddle Trip (Beginner) Where: Cook Park, Tigard. Time: 11 am to 2 pm September 23, Saturday. Upper Tualatin River Van Tour Where: Upper Tualatin River areas. Time: 9 am to 5 pm September 24, Sunday. Bye-bye, Summer Paddle Trip (Intermediate) Where: 99W Bridge. Time: 10 am to 2 pm September 30, Saturday. Fall Paddle Trip (Beginner) Where: Tualatin Community Park, Tualatin. Time: 11 to 2 pm October 14, Saturday. National Refuge Week - Free Paddles on the Refuge (Intermediate) Where: Tualatin River National Wildlife Refuge, Sherwood. Time: 11 am & 2 pm Dates and time subject to change. Please check our web-site for updates at www.tualatinriverkeepers.orp. Tualatin Riverkeepers Statement of Financial Position December 31, 2005 Current Month Previous Month ASSETS Current Assets Checking - West Coast Bank 916.98 648.45 Money Market Account - WCB 22,108.36 24,432.71 Petty Cash on Hand 100.00 100.00 Unconditional promise to give 30,000.00 30,000.00 Accounts Receivable 0.00 464.14 Inventory - T-shirts 1,007.25 1,007.25 Inventory - Books 1,493.46 1,504.43 Total Current Assets 55,626.05 58,156.98 Property and Equipment Canoes, Trailers & Equipment 21,365.77 21,365.77 Computer Hardware/Software 12,717.32 12,717.32 Accumulated Depreciation (22,698.81) (22,241.38) Total Property and Equipment 11,384.28 11,841.71 Total Assets 67,010.33 69,998.69 LIABILITIES AND NET ASSETS Current Liabilities Vacation Accrual 2,708.00 2,880.00 Salaries Payable 3,907.77 3,907.77 Flex Spend Plan 1,083.46 586.79 Accounts Payable - 403B 433.33 433.33 Total Current Liabilities 8,132.56 7,807.89 Total Liabilities 8,132.56 7,807.89 NET ASSETS Beginning Net Assets (8,606.96) (8,606.96) Grants Temporarily Restricted 38,239.26 38,239.26 Net Income 29,245.47 32,558.50 Total Net Assets 58,877.77 62,190.80 Total Liabilities & Net Assets 67,010.33 69,998.69 2/3/2006 at 1:21 PM Page: 1 Tualatin Riverkeepers Statement of Financial Activity Consolidated Departments For the Six Months Ending December 31, 2005 Remaining In Percent of Current Month Year to Date Budget Budget Budget Revenues Foundations Grants 10,000.00 110,700.00 118,930.00 8,230.00 93% Government Grants 0.00 2,280.00 127,500.00 125,220.00 2% Memberships - IND/ORG 8,930.45 20,455.45 45,000.00 24,544.55 45% Appeals/Major Gifts 1,488.00 5,176.00 17,000.00 11,824.00 30% Corporate Support 0.00 4,175.50 18,000.00 13,824.50 23% Events 0.00 10,805.89 42,000.00 31,194.11 26% ESOR Workplace Giving 0.00 4,573.26 8,900.00 4,326.74 51% Contract Services/Trips 0.00 1,563.06 6,000.00 4,436.94 26% Sales of Materials 211.98 1,744.28 1,600.00 (144.28) 109% In-Kind Donations 500.00 3,000.00 9,840.00 6,840.00 30% Other Income 0.00 522.80 500.00 (22.80) 105% Interest 34.25 227.38 300.00 72.62 76% Total Revenues 21,164.68 165,223.62 395,570.00 230,346.38 42% Expenses Salaries 14,206.74 81,253.54 167,634.00 86,380.46 48% Taxes and Fringe Benefits 3,787.53 20,478.73 46,763.00 26,284.27 44% Americorps 0.00 0.00 6,500.00 6,500.00 0% Total Personnel 17,994.27 101,732.27 220,897.00 119,164.73 46% Contract Services 300.00 5,535.53 45,000.00 39,464.47 12% Professional Services 89.37 2,366.51 24,150.00 21,783.49 10% . Occupancy 500.00 5,060.00 14,260.00 9,200.00 35% Insurance 1,799.54 4,888.66 4,492.00 (396.66) 109% Telephone 335.77 1,684.90 3,600.00 1,915.10 47% Supplies 599.69 2,850.20 5,000.00 2,149.80 57% Equipment Purchases 0.00 0.00 2,430.00 2,430.00 0% Postage 577.97 2,175.97 3,800.00 1,624.03 57% Printing 983.75 2,818.81 6,000.00 3,181.19 47% Publications 0.00 310.20 5,600.00 5,289.80 6% Advertising 0.00 96.11 800.00 703.89 12% Dues 0.00 0.00 600.00 600.00 0% Member Outreach 0.00 0.00 2,000.00 2,000.00 0% Travel 78.00 1,152.55 2,600.00 1,447.45 44% Conferences/Training 95.00 285.00 3,500.00 3,215.00 8% Meetings/Food & Beverage! 78.77 845.54 12,500.00 11,654.46 7% Miscellaneous 588.15 1,528.93 1,250.00 (278.93) 122% Depreciation 457.43 2,646.97 2,500.00 (146.97) 106% Total Support Costs 6,483.44 34,245.88 140,082.00 105,836.12 24% Total Expenses 24,477.71 135,978.15 360,979.00 225,000.85 38% Net Income (3,313.03) 29,245.47 34,591.00 5,345.53 85% Temp Restricted Released Foundation Grants 6,089.55 36,154.81 40,000.00 3,845.19 2/3/2006 at 1:21 PM Page: 1 TUALATIN ItIVERKEEPERS FINANCIAL, STATEMENTS FOR THE YEARS ENDED JUNE 30, 2005 and 2004 with REPORT OF CERTIFIED PUBLIC ACCOUNTANTS P l CONTENTS Page Report of Certified Public Accountants 2 Financial Statements Statements of Financial Position 3 Statements of Activities 4-5 Statements of Cash Flows 6 Notes to the Financial Statements 7-12 Supplemental Information Independent Report on Supplemental Information 13 Schedule I - Statement of Functional Expense Schedule II - Statement of Functional Expense 15 PUTTMAN & CERTIFIED PUBLIC ACCOUNTANTS TEAGUE, LLP To the Board of Directors of Tualatin Riverkeepers Sherwood, Oregon We have audited the accompanying statements of financial position of Tualatin Riverkeepers (a nonprofit organization) as of June 30, 2005 and 2004, and the related statements of activities and cash flows for the years then ended. These financial statements are the responsibility' of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Tualatin.Riverkeepers as of June 30, 2005 and 2004, and the changes in its 'net assets and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. PUTTMAN & TEAGUE, LLP Certified Public Accountants Portland, OR October 28, 2005 -2- 5200 SW MACADAM, SUITE 470 • PORTLAND, OREGON 97239-3836 • (503) 221-5117 • FAX: (503) 221-5124 34900 BROOTEN ROAD • P.O. BOX 363 • PACIFIC CITY, OREGON 97135-0363 • (503) 965-6620 • FAX: (503) 965-5196 Member of theAmerican Institute ojCertifed Public Accountants and the Oregon Society of ertifted Accountants TUALATIN RIVERKEEPERS Statements of Financial Position June 30, 2005 and 2004 2005 2004 Current assets: Cash - operations $ 650. $ 1,774 Money market 2,761 62,096 Cash on hand 99 100 Total cash and cash equivalents 3,510 63,970 Accounts receivable 13,340 350 Unconditional promises to give 56,365 146,483 Inventory 590 1.221 Total current assets 73.805 212.024 Fixed assets: Computer equipment 8,737 6,698 Furniture equipment 17,852 17,852 Accumulated depreciation (19,757) (16.161) Net fixed assets 6.832 8.389 Other assets: Prepaid insurance 3.925 2.406 Total other assets 3.925 2.406 Total assets $ 84.562 $ 222.819 Liabilities: Deferred revenue $ 49,786 Accounts payable $ 36,168 2,929 Accrued vacation 6,220 5,670 Accrued expense 41227 857 Payroll tax liabilities 733 1,630 Line of credit 5.000 Total liabilities 52.348 60.872 Net assets: Unrestricted (23,151) 73 Temporarily restricted 55.365 161.874 Total net assets 32.214 161.947 Total liabilities and net assets $ 84.562 $ 222.819 See Accountants' Report and Notes to Financial Statements -3- TUALATIN RIVERKEEPERS Statements of Activities For the Year Ended June 30, 2005 Temuorarily Unrestricted Restricted Total Revenues and support: Grants and contracts $ 50,785 $ 39,057 $ 89,842 Corporate support 22,840 22,840 Other public support 26,774 26,774 Membership 40,150 40,150 Special events 33,616 33,616 Member services 3,718 3,718 In-kind donations 7,500 7,500 Merchandise sales 1,490. 1,490 Interest 254 254 Total revenue . 187,127 39,057 226,184 Satisfaction of restrictions 145,566 (145,566) Total revenues and support 332,693 (106,509) 226,184 Program expense: Advocacy monitoring 69,082 69,082 Restoration 105,904 105,904 Public education and outreach 84,311 84,311 Total program expense 259,297 259,297 Management and general 26,720 26,720 Fundraising and special events 69,900 69,900 Total expense 355,917 355,917 Change in net assets (23,224) (106,509) (129,733) Beginning net assets 73 161,874 161,947 Net assets, end of year $ (23,151) $ 55,365 $ 32,214 See Accountants' Report and Notes to Financial Statements -4- TUALATIN RIVERKEEPERS Statements of Activities For the Year Ended June 30, 2004 Temporarily Unrestricted Restricted Total Revenues and support: Grants and contracts $ $ 328,598 $ 328,598 Corporate support 9,472 9,472 Other public support 17,015 17,015 Membership 30,235 30,235 Special events 32,397 32,397 Member services 3,620 3,620 In kind donations 6,000 6,000 Merchandise. Sales 1,672 1,672 Interest 1,121 1,121 Total revenue 101,532 328,598 430,130 Satisfaction of restrictions 278,928 (278,928) Total revenues and support 380,460 49,670 430,130 Program expense Advocacy monitoring 67,218 67,218 Restoration 142,440 142,440 Public education and outreach 97,339 97,339 Total program expense 306,997 306,997 Management and general 28,219 28,219 Fundraising and special events 50,582 50,582 Total expense 385,798 385,798 Change in net assets (5,338) 49,670 44,332 Beginning net assets 5,411 112,204 117,615 Net assets, end of year $ 73 $~~$7 161 ~4Z See Accountants' Report and Notes to Financial Statements -5- TUALATIN RIVERKEEPERS Statements of Cash Flows For the Years Ended June 30, 2005 and 2004 2005 2004 Cash flows from operating activities: Cash received from public support $ 117,184 $ 104,450 Cash received from contributions 49,614 26,487 Cash received from membership . 40,150. 30,235 Cash received from special events . 33,616 32,397 Cash received from member services 3,718 3,620 Cash received from merchandise sales 1,490 1,672 Interest 254 1,111 Cash paid to employees and suppliers (310,947) (376,474) Net cash used by operating activities (64,921) (176,502) Cash flows from investing activities: Purchase of equipment (529) (4,584) Net cash used by investing activities (529) (4,584) Cash flows from financing activities: Bank line of credit 5,000 Net cash provided by financing activities 5,000 Net increase in cash and cash equivalents (60,450) (181,086) Cash and cash equivalents at beginning of year 63,960 245,046 Cash and cash equivalents at end of year $ 3,510 $ 63,960 Reconciliation of change in net assets to net cash provided by operating activities: Change in net assets $ (129,733) $ 44,332 Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation 3,596 41048 Less in kind contribution (1,500) Decrease (increase) in accounts receivable (12,990) (330) Decrease (increase) in unconditional promises 90,118. (144,320) Decrease (increase) in inventory 631 (94) Decrease (increase) in prepaid expense (11-519) (2,406) Increase (decrease) in accounts payable 33,239 (1;067) Increase (decrease) in deferred revenue (49,786) (79,499) Increase (decrease) in accrued vacation 550 1,817 Increase (decrease) in payroll liabilities (897) 545 Increase (decrease) 403 (b) plan payable 3,370 482 Net cash used by operating activities $ (64,921) $ (176,492) See Accountants' Report and Notes to Financial Statements -6- TUALATIN RIVERKEEPERS Notes to Financial Statements June 30, 2005 and 2004 NOTE A. NATURE OF ACTIVITIES AND SIGNIFICANT ACCOUNTING POLICIES Nature of Activities Tualatin Riverkeepers is a private, nonprofit organization. Since the Organization's inception in 1993; it has been dedicated to the promotion of the educational, scientific, historical and recreational aspects of the Tualatin River and its watershed. Method of Accounting The financial statements of the Organization have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables, payables and other liabilities. Basis of Presentation Financial statement presentation follows the recommendations of the Financial Accounting Standards Board in its Statement of Financial Accounting Standard (SFAS) No. 117, "Financial Statements of Not-for-Profit Organizations." Under SFAS No. 117, the Organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net -assets, temporarily restricted net assets, and permanently restricted net assets. At June 30, 2005 and 2004, the Organization had no permanently restricted net as sets. Contributions Contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support depending on the existence and/or nature of any donor restrictions. All donor-restricted support is reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Public Support and Revenue Membership dues are available for unrestricted use and recorded as revenue in the year received. Annual campaign contributions are generally available for unrestricted use in the related campaign year unless specifically restricted by the donor. Grants and other contributions of cash and other assets are reported as temporarily restricted support if they are received with donor stipulations that limit the use of the donated assets. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. -7- TUALATIN RIVERKEEPERS Notes to Financial Statements June 30, 2005 and 2004 NOTE A. NATURE OF ACTIVITIES AND SIGNIFICANT ACCOUNTING POLICIES (Continued) Functional Expenses The costs of providing the various programs and other activities have been summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated among the programs and supporting services benefited. Inventories At June 30, 2005 and 2004, inventory consists of books and is stated at lower of cost or. market. Property and Equipment Acquisitions of property and equipment in excess of $500 are capitalized. Property and equipment are carried at cost.or, if donated, at the approximate fair value at the date of donation. Depreciation is computed using primarily the straight-line method over the useful lives of the assets. Cash and Cash Equivalents For purposes of the statement of cash flows, the Organization considers all highly liquid investments available for current use with an initial maturity of three months or less to be cash equivalents: Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain .reported amounts and disclosures. Accordingly, actual' results could differ from those estimates. Income Taxes The Organization is a not-for-profit organization that is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code. In addition, Tualatin Riverkeepers has been determined by the Internal Revenue Service not to be a "private foundation" within the meaning of Section 509(a) of the Internal Revenue Code. -8- TUALATIN R[VERKEEPERS Notes to Financial Statements June 30, 2005 and 2004 NOTE B. PROMISES TO GIVE 'Unconditional promises to give at June 30, 2005 and 2004 are as follows: 2005 2004 Receivable in less than one year 3614! Promises to give are stated at the amount management expects to collect from outstanding balances; therefore, no allowance for doubtful accounts has been established NOTE C. SUPPORT FROM GRANTS AND CONTRACTS Tualatin Riverkeepers was funded through the following grants and contracts for the fiscal years ended June 30, 2005 and 2004. 2005 OWEB Brown Property $ 10;000 Division of State Lands 49,785 OWES Salmon Carcass Project 1,692 Meyer Memorial Tnist 9,090 US Forest Service 12,000 Miscellaneous grants and foundations 7.275 Total 2004 OWEB Watershed Improvement $ 57,116 Division of State Lands 79,500 OWEB Salmon Carcass Project .4,200 Meyer Memorial Trust 100,000 Bullitt Foundation (BCW) 30,000 OCF Cedar Canyon Creek 17,280 OCF Fanno Basin 20,835 Metro 4,000 US Forest Service 1,298 Miscellaneous grants and foundations 14.369 Total NOTED. DEFERRED REVENUE Deferred revenue for the fiscal years ended June 30, 2005 and 2004, consisted of the following: 2005 2004 Division of State Lands- -9- TUALATIN RIVERKEEPERS Notes to Financial Statements June 30, 2005 and 2004 NOTE E. TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets for the fiscal years ended June 30, 2005 and 2004, consisted of the following grants: 2005 Meyer Memorial Trust $ 49,090 Restricted for the purposes of capacity building support to generate increased revenue from private and corporate supporters. City of Tigard 6.275 Restricted for purposes of conducting trips and tours by canoe on the Tualatin River. $_55_ 2004 Bullitt Foundation' $ 19,339 Restricted for the purposes of securing improved water quality in the Tualatin Basin. Cedar Canyon Creek 14,930, Restricted for the purposes of developing a community based approach to restoring water quality and the spawning and rearing habitat of native steelhead and cutthroat trout. Fam.o Basin Watershed Action 16,140 Restricted for the purposes of implementing watershed priorities developed by the Fanno Basin Working Group. Meyer Memorial Trust . 108,684 Restricted for the purposes of capacity building support to generate increased revenue from private and corporate supporters. Rural Restoration Community 393 Restricted for the purposes of the cooperative financing,, coordination, and implementation of a Citizen Water Quality and Restoration Project Monitoring Program in-conjunction with the Tualatin River Watershed Council and the Washington County Soil and Water Conservation District. OWEB Salmon Carcass Project 1,740 Restricted for the purposes of monitoring the health and habitat of salmon in the Tualatin River Watershed. US Forest Service 648 Restricted for the purposes of improving the watershed area of Tualatin River. $1 7 -10- TUAI.ATIN RIVERKEEPERS Notes to Financial Statements June 30, 2005 and 2004 NOTE F. DONATED SERVICES, MATERIALS, AND FACILITIES The Organization receives a substantial amount of services donated by a variety of unpaid volunteers assisting the Organizati on in its programs and events. No amounts have been recognized in the accompanying statement of activities because the criteria for recognition of such volunteer effort under SFAS No. 116 have not been satisfied. The Organization occupies part of the facilities located at 16507 SW Roy Rogers Road, Sherwood, under a three-year agreement with the U.S. Fish and Wildlife Service. No rent is paid by the Organization; however, Tualatin Riverkeepers provides educational and volunteer services and assists in the projects of the National Fish and Wildlife Service in regard to the Tualatin River and watershed'area. The approximate fair value of the'annual rental is estimated to be $6,000 and it is included in contributions and expenses in the statement of activities. NOTE G. FIXED ASSETS As of June 30, 2005 and 2004, fixed assets consist of.. 20.05 2004 Computer equipment $ 8,737 $ 6,698 Furniture and-equipment 17,852 17,852 Less: Accumulated depreciation 1( 9.757) 1( 6.161) 6,832 Depreciation expense for the years ended June 30, 2005 and 2004 aggregated $3,595 and $4,048, respectively. NOTE H. BANK LINE OF CREDIT As of June 30, 2005, the Organization has a $20,000 unsecured line of credit with West Coast Bank to be drawn upon as needed, with a variable interest rate of prime, plus 1- 5/8 At June 30, 2005, the balance was $5,000. NOTE I. RETIREMENT PLAN The Organization has a 403(b) plan which allows employees to make voluntary contributions. Employer contributions for plan participants are calculated based on 14% of the employees annual salaries. The expense to the Organization for the fiscal years ended June 30, 2005 and 2004 was $15,241 and $15,698, respectively. -11- TUALATIN RIVERKEEPERS Notes to Financial Statements June 30, 2005 and 2004 NOTE J. RECLASSIFICATION OF 2004 COMPARATIVE TOTALS Certain 2004 amounts presented in the financial statements have been reclassified to conform to the 2005 presentation. -12- 1 - - Tualatin Riverkeepers 12360 SW Main St. Suite 100 Tigard, OR 97223 phone: (503) 620-7507 - fax: (503) 620-7645 www.tualafinliverkeepers.org email: info@tualatinriverkeepers.org Tualatin Riverkeepers Board of Directors as of June 2005 Ron Garst, President* John Driscoll 26340 SW Grahams Ferry Rd 14909 NW Corey Rd Sherwood OR 97140 North Plains, OR 97133 503-582-9563 (h) 503-647-5598 (h) garst@easystreet.com jcd@odriscoll.name Employer: USFWS, Retired Bob Fuquay, Vice President/Secretary* John Donnelson PO Box 871 11315 SW Ambiance PI Tualatin OR 97062 Tigard, OR 97223 503-638-6602 (h) 503-639-0883 (h) gfuquay@gte.net john.donnelson@verizon.net Employer: ODOT Employer: Wrigleys, Retired Jean Sandwick, Treasurer* Susan Murray 16344 Inverurie Rd 11555 SW Denfield St Lake Oswego OR 97035 Beaverton, OR 97005 503-675-3043 (h) 503-643-4987 (h) jean.sandwick@comcast.net susan.murray@comcast.net Employer: University of Portland Ramsay Weit 5350 NW Pondosa Dr Portland OR 97229 503-629-9040 (h), 846-5790 x2 (w) polwonks@comcast.net Employer: Community Housing Fund *Executive Committee Member r AMENDED ARTICLES OF INCORPORATION . OF Tualatin Riverkeepers ARTICLE I The name of this corporation is the Tualatin Riverkeepers and its duration shall be perpetual. ARTICLE II This corporation is a public benefit corporation. ARTICLE III The purposes for which the corporation is organized are: A. This corporation is organized exclusively for charitable educational and scientific purposes, including, for such purposes, the making of distribution to organizations.. that qualify as exempt organizations under section 501)c)(3) of the Internal Revenue Code of 1954 or the corresponding . provisions of any future United States Internal Revenue Law. S". The primary purpose of the corporation is to create, establish and provide an independent nonprofit educational resource to promote the educational, scientific, historical and recreational aspects of the Tualatin River. C. The corporation may engage in any lawful activity, none of which is profit, for which corporations may be organized under Oregon law. ARTICLE IV No part of the net earnings of'the corporation shall inure to the benefit of or be distributable to its trustees, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to,make payments and distributions in furtherance of the purposes set forth in Article III. No substantial part of the activities of the corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of'any candidate for public office. Notwithstanding any other provisions of these articles, the corporation shall not carry on any other activities not permitted to be carried on'(a) by a corporation exempt from Federal Income Tax under section 501(c)(3) of the Internal Revenue Code of 1954 or the corresponding provisions of any future United States Internal Revenue.Law, or (b) by a corporation, contributions to which are deductible under section 197(c)(2) of the Internal.Revenue Code of 1954 or the corresponding provision of any future United States Internal Revenue Law. ARTICLE V In the event of the winding up and dissolution of this corporation, after paying or adequately providing for all, debts and obligations of the corporation, all remaining assets shall..be distributed to a nonprofit fund, foundation, or corporation organized and operated exclusively for charitable, educational, or scientific purposes and which has established its tax-exempt status under section 501(c)(3) of,the Internal Revenue Code or any corresponding provision of any future United States Internal Revenue Law. If possible, assets shall be distributed to an environmental organization located in Washington County and/or Clackamas County which meets the above qualifications. ARTICLE VI This corporation shall have no members. ARTICLE VII No director or uncompensated officer'of this corporation shall be liable to the. corporation for monetary damages for conduct as a director or officer, for any act or omission. occurring prior to January 26, 1992, to the fullest-extent- permitted by the Oregon Nonprofit Corporation Act. 2 ARTICLE VIII The corporation must indemnify, to the fullest extent permitted by the Oregon Business Corporation Act, any person who has been made, or is threatened to be made, a party to an action, suit, or proceeding, because the person is or was a. director or officer of the Corporation. The Corporation must also pay the reasonable expenses incurred by such a person in advance of the final disposition of any such proceeding. ARTICLE IX The board of directors.may appoint a person or persons to exercise some or all of the powers which would otherwise be exercised by,the board of directors. To the extent so authorized, the person or persons shall have the duties and responsibilities of the directors, and the directors shall be relieved to that extent from such duties and responsibilities. ARTICLE X This corporation will not discriminate against any person on the basis of race, color, sex, religion, creed, or ethnic or national origin. l - 3 - s 3-Jtf 11:'LU:34 !'HUM: Gulip. "I-v iblu" TU: 1UU0,000rU4 rn►ii Phol (503) vils-2Z0o " ift secFalmy FWC MM 3784301 AfUcl lis of Amendmtt d --Businoss/ProfesiionaUNonpront of State Clwelt Uw approptlala boot Mew: For offhm use only ~WM Q BUSMF~S/PROFESSKKAL, CORPORATM 25S Capitol St NE, Suits 151 1 Salem, OR 9MIO.1327 X*mpYda 1.2.3.4. IL 7) wwamow com"ATtON Xampht. Q* 1.2. E. A. G. 7) *yNoow. 2 92213 -eta h Add Wad Shaer I Nsansary . at Type or P" Lag* N Dladt 1* Lum of CORP011ATm Ptt~10lt To A 7-UAL-z%--77 4f R! V E- 2 C E f' E R S lore T11E Ate Nutraot(S) AND tit 1001tnt TNS ARTlt; OS) AS R is ANDU EU TO *M. µtr:w:hs tepsrsu sneer s ase"-$Wyj A_tg7-lc LE Vi . TH/.S 0-OX Pot AT7a/✓ "ALL_ HAyC A4 MB L r~?, S r)mAwmexmTwAsADOPTWON: J li Ly /4a, /998 M wwa tree or* srrrMrwrtwas a WAIL. ift%lir M SM e<aeapon Clem aTltMbnelltJ skim .'I/iRORE+SSIONAL CORPORATION ONLY NONPROFIT CORPORATION ONLY ;NECK THE APrnorimu STwTIRMrlr Aftfliiiffi C#G= TM APP ROPMATs STA~rt Pwtehelder adion was tagtrlred to adopt tha amendment(s). The Mantnd* approval was not required. The amendment(s) was wte was as Ibtbws: d by a stdRdant vote of the board of dihCt0M or 1dv Nu~wd tr..earr NWaOard Mwwat w~ roftr0 . k. am PM AGAs+1't . Q Membetshp approval was required. The rrrerrrbership vote was as G...(+J N.~M.rd Nrwb.r al Wne..d .rws.rd - ' ardl.d MMDr/ .Ora If1UOaO M "OF" OOlr oe~s. aus rear b~mNa fr eaM FOR AGAMT 9hweholdw aalen was tat mgrered to adopt the anrendr ord(s). The mtN+dtnaM(a) was adopted by the board of diredats wWwA ( ) PaWehotder adtoM rho ootpotadan has 110th 11 MW Shames at stook Shmm0wkW K*m was no to adopt the wivendrimaM. The armroWhu rt(s) was ridopled by the kK mpwators or by" board of dMsttom EACCUTM" Printed m mm r Ttde BP--1,4N WEGEAI~R PoFsr_d~~ N i CourAcT`N_Am VA TM PNOWE NUMBER yV /1-1-1AM ~E~S/`t/tN/J (So3) 590- 5913 FEES MAUS drd 6r fr0 r.ram. b ca.po.sm o%mmn - NOTE m" raq"rN "-a -A WK Or M ew-C A 7Aa sard M-law and a.pwauon ONO OM0.1Q be rAwr* W on • **Dorm ahMartoryo w . OrOlagiOn. _ 113 (Rev. tire6) . INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: APR g 199 94-3184499 DLN: 17053059783028 TUALATIN RIVERKEEPERS Contact Person: 16340 SW.BEEF BEND RD D. A. DOWNING SHERWOOD, OR 97140-7411 Contact Telephone Number: (513) 241-5199 Our Letter Dated: September, 1993 Addendum Applies: No Dear Applicant.: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170 (b) (1) (A) (vi) Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you. lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, Distri Director Letter 1050 (DO/CG) BYLAWS TUALATIN RIVERKEEPERS ARTICLE I. GENERALLY. Section 1.1 Name: The name of this non-profit, public benefit Corporation is the Tualatin Riverkeepers, hereinafter referred to as "Riverkeepers". Section 1.2 Purpose: The primary purpose of the Riverkeepers is to create, establish, and provide an independent non-profit educational resource to promote the educational, scientific, historical and recreational aspects of the Tualatin River and its watershed. ARTICLE II. MEMBERSHIP. Section 2.1 Generally: Members of the Riverkeepers may be individuals, families, partnerships, corporations, public agencies, and other like organizations. For other than individual or family memberships, the Member shall designate in writing a primary and alternate representative for the purpose of participating in ongoing Riverkeepers' business and management activities, such as service on the Board of Directors and voting at the Annual Meeting. The Riverkeepers' membership year shall run from January 1 to December 31, although any person may become a Member at any time, and upon payment of dues receive the privileges of membership for one (1) full year. Each Member whatever their classification shall have only one (1) vote on any matter of Riverkeepers' business subject to consideration of the Membership. Section 2.2 Membership Categories and Dues: Membership categories and dues shall be generally set by the Board of Directors, except as herein otherwise provided, and may be reviewed and amended at the Annual Meeting. ARTICLE III. MEMBERSHIP MEETINGS Section 3.1 Annual Meetinc: The Annual Meeting of the Riverkeepers shall be held once each year at a time and place to be determined by the Board of Directors. The business of the Annual Meeting shall include election of Directors, and such other business as may come before the Meeting. The Annual Meeting shall occur within thirty (30) days of December 31, the close of the Riverkeepers' membership and fiscal year. Written notice of the exact time, date and place of the Annual Meeting shall be mailed to all Members not less than five (5) days nor more than thirty (30) days in advance of the meeting. Bylaws Riverkeepers Page 1 Section 3.2 Special Meetings: Special Meetings of the Riverkeepers shall be called upon formal motion approved by a majority of the Board of Directors, or upon written request by ten (10) Members in good standing. Special Meetings may also be called under the circumstances described in Section 4.4 of these Bylaws. Such requests shall state the purpose of such Special Meeting. The time, date, and place of such Special Meetings shall be set by the Board of Directors, and notice shall be mailed or telephoned to all Members not less than five (5) days nor more than thirty (30) days in advance of the Special Meeting. Section 3.3 Quorum: A quorum of Members at the Annual or any Special Meeting shall consist of ten (10) Members, including members of the current Board of Directors. Section 3.4 Proxies: Members entitled to vote on any matter before the Riverkeepers may vote by proxy. The proxy shall be signed and in writing and specific as to the issue or motion to which the proxy applies. The proxy shall be revocable at the pleasure of the Member executing it at any time. Unless the duration of the proxy is specified by the Member for a shorter period, it shall be invalid after three hundred sixty four (364) days from the date of its execution, or upon completion of voting upon the specific matter to which the proxy is addressed. ARTICLE IV. DIRECTORS AND OFFICERS: Section 4.1 Number of Directors: Except as delegated under these bylaws, the Riverkeepers shall be governed by a Board of Directors consisting of eleven (11) individuals, who may be nominated from the floor at the Annual Meeting by and from Members in good standing. Directors shall be elected by a majority vote of those Members attending the Annual Meeting. All members of the Board shall be Members of the Riverkeepers in good standing. Section 4.2 Director's Terms: The terms of office of the Board of Directors shall be three (3) years provided, however, that the initial terms of office shall be staggered with three (3) Director positions being for one (1) year, three (3) positions for two (2) years, and three (3) positions for three (3) years. No member may serve more than three (3) consecutive full terms on the Board of Directors. The current Board and Directors, as established under prior Riverkeepers Bylaws, shall continue to serve until December 31, 1994. Section 4.3 Vacancies: In the event of a vacancy on the Board of Directors created by resignation, removal from office, or other circumstances, the remaining Directors, by majority vote, shall fill said vacancy from among Members in good standing until the next Annual Meeting, at which time the position shall be filled for the unexpired term as per Section 4.1. Bylaws Riverkeepers Page 2 Section 4.4 Removal from Office: Any Director absent for more than three (3) consecutive regular meetings of the Board, without having been excused by the remaining Directors by majority vote, shall be removed from office and the vacancy filled as per Section 4.3. The Board may also, by majority vote, remove any Director for failing to adequately and properly discharge their duties as a Director and fill said vacancy as per Section 4.3, provided however that said removed Director shall have the right to ask for and receive reconsideration of their removal at a Special Meeting where a quorum of Members present may reverse the Board's decision. In a like manner, any Member may have their privileges of membership suspended or revoked, and may appeal such suspension. Section 4.5 Officers: The. Board of Directors shall select a President, Vice- President, Secretary and Treasurer from among its members. Members so elected shall serve a term of one (1) year and may be re-selected for an indefinite number of terms, subject only to the limitations of Section 4.2. (a) The President shall preside at all Board meetings, at the Annual Meeting, and any Special Meetings; and shall be generally responsible for the day-to-day coordination of the Riverkeepers' business. (b) The Vice-President shall serve in the President's place in his or her absence, and shall succeed to the Presidency for the balance of his or her unexpired term in the event of resignation or termination. (c) The Secretary shall be responsible for making and keeping all records of the Riverkeepers' business and membership activities; and for making all notifications required by these Bylaws. (d) The Treasurer shall be responsible for keeping the Riverkeepers' non- profit corporate and tax status current; for keeping an account of all assets and moneys received and expended for the use of the Riverkeepers; and shall make disbursements approved by the Board of Directors. The Treasurer shall deposit all sums received in a bank or banks, approved by the Board of Directors, and make a fiscal report at the Annual Meeting or when called upon by the President. The funds, books, and vouchers in the Treasurer's hands shall at all times be under the supervision of the Board of Directors and subject to their inspection and control. At the expiration of the Treasurer's term of office, he or she shall deliver over to his or her successor all books, moneys, and other property of the Riverkeepers, or in the absence of a Treasurer-Elect, to the Riverkeepers' President. ARTICLE V. BOARD MEETINGS. Bylaws Riverkeepers Page 3 Section 5.1 Board Meetings: Meetings of the Board of Directors shall be held at such time and place as the Board determines, provided that there shall be at least four (4) meetings of the Board annually, one of which may be held in conjunction with the Annual Meeting. The Board may establish a set time and day of the month or quarter for its meetings and once the Membership has been so notified in writing, no further notice of regular Board meetings shall be required. It shall be the responsibility of all Members to inquire as to the location of regular Board meetings, which may change at the Board's discretion. Section 5.2 Special Board Meetings: If the day or time of the regular Board of Directors meeting changes, or a special Board meeting is called, all Members must be so notified in writing. Special meeting notifications shall include the location and purpose of said meeting. Section 5.3 Quorum: A quorum of the Board of Directors shall consist of a majority of the Directors immediately in office before the meeting begins. ARTICLE VI. COMMITTEES. Section 6.1 Committee Appointment: The Board of Directors may at its discretion create committees to facilitate the discharge of the Riverkeepers' business. The Board of Directors shall determine the purpose, size, duration and membership of said committees, which may, if deemed appropriate by the Board, include individuals who are not Members of the Riverkeepers. All committees shall act in an advisory capacity to the Board. The Board may disband or restructure committees at its discretion, as well as appoint or remove committee members at will. ARTICLE VII.. FISCAL POLICIES. Section 7.1 Fiscal Year. The Riverkeepers' fiscal year shall be July 1 to June 30. ARTICLE VIII. BYLAW AMENDMENTS. Section 8.1: These Bylaws may be amended, repealed, or altered in whole or in part by a majority vote of at least ten (10) Members at any duly called Annual or Special Meeting. The proposed change shall be mailed to the last recorded address of each Member at least ten (10) days before the time of the meeting which is to consider the change. Bylaws Riverkeepers Page 4 l modal Tualatin Riverkeepers 12360 SW Main St. Suite 100 Tigard, OR 97223 phone: (503) 620-7507 • fax: (503) 620-7645 www.tualadnriverkeepers.org email: info@t-uala6n-riverkeel2ers.org Feb. 3, 2006 Tom Imdieke City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Imdieke: Enclosed please find Tualatin Riverkeepers' event funding application for 2006-07. We respectfully request a grant of $4,000 to support our 2006-2007 Trips and Tours program. This year we are especially excited to expand our activities and outreach in the Tigard community as we are now located in the heart of the City at 12360 SW Main Street (right behind Manila Express). One new event will be in collaboration with Audubon Society of Portland, a multi-modal peddle/paddle along Fanno Creek Trail and the Tualatin River. Please know that we are indeed grateful for the generous support the City of Tigard has provided over a number of years. Your support has been very important allowing us to build a very effective low cost recreational program. Also included with our application is a copy of our most recent audit for 2004-05 which included actual revenue and expenses, a copy on our most recent financial statement which includes the 2005-06 adopted budget. We have not yet developed a proposed budget 2006-07 budget as it will be developed and adopted in June 2006. Again, thank you very much for the support to connect the community to the beautiful Tualatin River. B regards, ue Marshall Executive Director Tualatin Riverkeepers 0 i Tualatin Valley Community Band FY-2006 Community Event Funding Request Event Name: Tualatin Valley Community Band - http://www.tvcb.gen.or.us Address: P.O. Box 230773, Tigard, Oregon 97281-0773 Contacts: Phil Pasteris, Board President, 639-9740 (h), 414-3058 (w), p.pasteris@verizon.net Steve Heuser, Music Director, 691-1446 (h), 691-9700 (w) steve.heuser@?verizon.net 1. Request Cash $ 2,000 In-kind Services Use of the Bishop-Scheckla Structure for weekly rehearsals and free public summer concerts. Total Request $2,000 2. Purpose of Funding Request: The primary purpose of our request is to support the costs associated with providing high quality and live music to the members of the Tigard community. The NCB is requesting a grant of $2,000 this year, the same amount as last year, in order to continue to perform public concerts in high quality facilities available in the Tigard community. The Tualatin Valley Community Band (NCB) is a State of Oregon recognized nonprofit organization with a three-fold mission (1) to provide high quality, live, public music performances for civic and educational functions, (2) to provide an opportunity for musicians of all ages and ethnic backgrounds to perform music, and (3) to foster music education by providing individual scholarships and donations to music education programs. NCB was formed in 1989 and has been under the direction of Steve Heuser since 1991. TVCB has approximately 65 members, member ages ranging from teens to 70s. The requested funds requested from the City of Tigard would be used as follows (see Adopted Budget for details): • Tigard/Tualatin High School Auditorium rental, 2 free concerts @ $600/concert $1,200 • Music scores, funds matched by NCB, approximately 6 music scores $200 • Liability insurance to perform free public concerts in Tigard $600 . Total Request $2,000 3. How will this event benefit the Tigard Community? TVCB provides Tigard with public concerts that raise the awareness of Arts in our community. TVCB also supports the Tigard-Tualatin school system by providing students a no-cost opportunity to participate and extend their training by participating in a musical organization during non-school hours. During 2005, the TVCB provided several free public events in the Tigard - Portland metropolitan area: 1. Spring Concert, Tigard High School April 17, 2005 2. Tigard Volunteer Recognition, Tigard Library, June 24, 2005 3. Tigard 4th of July Celebration, Tigard High Football Stadium 4. Tigard Cook Park Summer Concert, July 31, 2005 1/16/2006 11:05:00 PM tigardfunds-request-2006-a.doc Page 1 of 9 r Tualatin Valley Community Band FY-2006 Community Event Funding Request 5. TVCB Winter Concert, Tigard Library, December 11, 2005 The TVCB plans to expand its performance schedule in 2006, making use of new library facilities to schedule concerts. Our rehearsals are open to the public in Cook Park every Tuesday evening during the summer. 4. How Many Tigard residents do you anticipate participating in these events? Several thousand Tigard residents attend the Fourth of July concert; several hundred attend each of our indoor concerts and our July Cook Park concerts. Our publicity committee works closely with the City of Tigard and all media outlets to publicize upcoming concerts. We are actively searching for opportunities to perform for school and city events. 1/16/2006 11:05:00 PM tigardfunds-request-2006-a.doc Page 2 of 9 Tualatin Valley Community Band FY-2006 Community Event Funding Request 5. Financial Information 5.a.1 FY-2005 Actual Expenditures TVCB 2005 YTD Income & Expense 05/01/01 Through 05/12/31 06/01/08 Page 1 05/01/01- Category Description 05/12/31 INCOME CD Sales 187.00 Donations 3,011.00 T-Shirt Sales 215.00 TOTAL INCOME 3,413.00 EXPENSES Ads 271.48 Business Tax 50.00 CD Cost 50.00 Donations Paid 50.00 Entry Fees 125.00 Finance Charge 3.16 Insurance 588.00 Music 495.00 Office Supplies 4.20 P O Box Rent 38.00 Printing 111.50 Rent Paid 826.00 Signage 18.67 T-Shirt Cost 186.00 TOTAL EXPENSES 2,817.01 OVERALL TOTAL 595.99 1/16/2006 11:05:00 PM tigardfunds-request-2006-a.doc Page 3 of 9 Tualatin Valley Community Band FY-2006 Community Event Funding Request 5.a.2 FY-2006 TVCB Proposed and Adopted Budget - 2006/1/10 INCOME CD Sales 100.00 Donations 3,050.00 T-Shirt Sales 75.00 From Scholarship fund 900.00 From Sheet Music Svc 00.00 TOTAL INCOME 4,125.00 EXPENSES Ads -Publicity/Printing 200.00 Business Tax 50.00 CD Costs 60.00 Entry Fees 125.00 Rehearse Rental TTSD 150.00 Insurance 600.00 Office Supplies 5.00 P O Box Rent 38.00 Postage 5.00 Rent Paid (Concerts) 1,200.00 Shipping 5.00 T-Shirt Cost 200.00 TO Scholarship Fund 300.00 TO Sheet Music Svc 700.00 TOTAL EXPENSES 3,638.00 TOTAL INCOME - EXPENSES 487.00 Notes as follows: 1. Rent Paid: Tigard-Tualatin School District auditorium rental costs are budgeted for two at $600.00 per performance. o 2. Scholarship: Amounts distributed based on amount available and will not exceed $300 per individual. One scholarship projected in FY-2006 3. Cash balances as follows: 1/1/2004 $4,382.24, 12/31/2004 $5,440.11. 4. Major revenue sources for 2605 were the City of Tigard $2,000, Tigard 4th of July Committee. $200, concert donations $900. The Saxton Scholarship Fund received $2,060. 5. Major expenditures were for auditorium rental $826, liability insurance $588, Music $495, and printing $272. 6..Authorized positions are as follows: Phil.Pasteris, President; Tim Roberts, Secretary.; Lee Boekelheide, Treasurer. Board Members include Steve Heuser, TVCB Music Director Robert Shannon, Associate Director, Chris Lewis, Librarian,.Phil DeLuca, Dave Nelson, Dave Nottke, and Ken Scheckla. New members for 2006 include Barry Albertson and Dan Golden. All positions are uncompensated. 1/16/2006 11:05:00 PM tigardfunds-request-2006-a.doc Page 4 of 9 Tualatin Valley Community Band FY-2006 Community Event Funding Request 5.6 Pinancial Statements The TVCB FY-2005 check register from Quicken is presented. TVCB 2005 Register Checking Page 1 06/01/15 Date Num Transaction Payment C Deposit Balance 05/01/08 DEP Various R 162.00 7,702.11 Donations 100.00 Heuser CD Sales 62.00 05/01/11 416 Dave Nelson 111.50 R 7,590.61 memo: concert 12 Dec Printing 73.50 posters Printing 38.00 postcards 05/01/17 417 Sheet Music Service of Port... 241.20 R 7,349.41 memo: cust 58680 [Sheet Music Svc] 80.00 193705 [Sheet Music Svc] 160.00 197103 Finance Charge 1.20 05/01/17 418 Postmaster 38.00 R 7,311.41 memo: 230773 cat: P O Box Rent 05/01/17 419 Phil Pasteris 32.96 R 7,278.45 memo: Tigard Times ad for concert.... cat: Ads 05/01/17 420 Community Newspapers 65.92 R 7,212.53 memo: Tigard Times ad for concert... cat: Ads 05/01/17 421 Oregon Corporation Division 50.00 R 7,162.53 memo: #444948-88 2005 cat: Business Tax 05/01/18 422 Tigard Tualatin School Dist... 50.00'R 7,112.53 memo: dep Deb Fennell 17 Apr cat: Rent Paid 05/02/01 423 Tigard Tualatin School Dist... 232.00 R 6,880.53 memo: inv 2278 balance Deb Fennel... cat: Rent Paid 05/04/18 DEP Cash R 258.00 7,138.53 memo: Spring Concert 17 April cat: Donations 1/16/2006 11:05:00 PM tigardfunds-request-2006-a.doc Page 5 of 9 Tualatin Valley Community Band FY-2006 Community Event Funding Request 05/05/06 DEP Cash R 75.00 7,213.53 memo: CD receipts cat: CD Sales 05/05/11 424 Tigard Tualatin School Dist... 469.00 R 6,744.53 memo: inv 2289 balance Deb Fennel... cat: Rent Paid 05/05/11 425 Sheet Music Service of Port... 149.20 R 6,595.33 memo: cust 58680, inv 205267 cat: [Sheet Music Svc] 05/05/11 426 Jamie DeLuca 300.00 R 6,295.33 memo: 2004-2005 Saxton Scholarship cat: [Scholarshp Fund] 05/05/11 427 Gary Meads 300.00 R 5,995.33 memo: 2004-2005 Saxton Scholarship cat: [Scholarshp Fund] 05/05/11.428 Callie Jarmer 300.00 R 5,695.33 memo: 2004-2005 Saxton Scholarship cat: [Scholarshp Fund] 05/05/20 429 Community Newspapers 65.92 R 5,629.41 memo: Tigard Times ad for concert... cat: Ads 05/05/20 430 Robert Haas 50.00 R 5,579.41 memo: concert 17 Apr cat: CD Cost 05/05/20 431 Safeco Insurance 588.00 R 4,991.41 memo: thru 5/16/06 cat-: Insurance 05/05/22 DEP ? R 60.00 5,051.41 cat: [Scholarshp Fund] 05/07/07 DEP City Of Tigard R 2,000.60 7,051.41 memo: annual donation 2005-2006 cat: Donations 05/07/19 DEP Tigard 4th Of July R 200.00 7,251.41 cat: Donations 05/07/19 DEP Sheldon Weiss R .15.00. 7,2.66.41 cat: T-Shirt Sales 05/08/01 DEP T Shirts R 200.00 7,466.4 1 T-Shirt Sales 15.00 cash Kari Wooten T-Shirt Sales 15.00 cash Betty Bolton T-Shirt Sales 20.00 cash Chris Hutchison T-Shirt Sales 15.00 1/16/2006.11:05:00 PM tigardfunds-request-2006-a.doc Page 6 of 9 Tualatin Valley Community. Band FY-2006 Community Event Funding Request cash Samantha Rorich T-Shirt Sales 20.00 cash Dennis Hutchison T-Shirt Sales 20.00 cash Scott Mitchell T-Shirt Sales 15.00 cash Katie Miller T-Shirt Sales 20.00 cash John Cherry T-Shirt Sales 15.00 cash - Melissa Womer T-Shirt Sales 15.00 #2048 S R Anderson T-Shirt Sales 15.00 #1378 Gary Vallens T-Shirt Sales 15.00 #5634 Alayna Schoblaske 05/08/15 DEP Cash R 32.00 7,498.41 memo: CD receipts cat: CD Sales 05/08/30 432 Sheet Music Service of Port... 115.83 R 7,382.58 memo: cust 58680, inv 206128, 209832 [Sheet Music Svc) 55.00• 206610 Flute Cocktail [Sheet Music Svc] 60.00 209832 Barnum & Bailey somethi Finance Charge 0.83 05/08/30 433 Lone Mountain Sportswear 186.00 R 7,196.58 memo: 12 T shirts cat: T-Shirt Cost 05/08/30 434 Phil DeLuca 18.67 R 7,177.91 memo: reimb for TVCB banner cat: Signage 05/08/30 435 Community Newspapers 71.12 R 7,106.79. memo: Tigard Times ad for summer cat: Ads 05/10/13 436 City Of Tigard 175.00 R 6,931.79 memo: dep Library concert 11 Dec cat: Rent Paid 05/11/16 437 Sheet Music Service of Port... 76.13 R 6,855.66 memo: cust 58680, inv 212012 [Sheet Music Svc) 75.00 212012 Winds from the Prairie Finance Charge 1.13 05/11/16 438 Eugene Symphonic Band 125.00 R 6,730.66 memo: 21st Annualk Adult Band Fes... cat: Entry Fees 05/11/30 439 Twality Band 50.00 6,680.66 memo: reimburse for music 1/16/2006 11:05:00 PM tigardfunds-request-2006-a.doc Page 7 of 9 Tualatin Valley Community Band FY-2006 Community Event Funding Request .cat: Donations. Paid 05/12%10 DEP Cash 18.00 6,698.66 memo: CD receipts cat: CD Sales 05/12/12 DEP Donations From Concert 11 Dec 453.00 7,151.66 Donations 10.00 Ducloux Donations 25.00 Morris Donations 25.00 Porter Donations 150.00 Friesen Donations 50.00 Ross Donations 193.00 cash 05/12/13 440 Community Newspapers 35.56 7,116.10 memo: Tigard Times ad for summer cat: Ads 05/12/26 DEP City Of Tigard 100.00 7,216.10 memo: refund dep concert 11 Dec cat: Rent Paid 1/16/2006 11:05:00 PM tigardfunds-request-2006-a.doc Page 8 of 9 Tualatin Valley Community Band FY-2006 Community Event Funding Request 5.c Articles of Incorporation Articles of Incorporation are on file with the City of Tigard. No changes were made during FY-2005 5.d 501(c)(3) Status TVCB obtained a federal tax-exempt designation on November 21, 2001 and is on file at the City of Tigard. The NCB Employer Identification Number is 93-1168909 and our DLN Number is 17053299033021. 5.e Organizational Bylaws Bylaws are on file with the City of Tigard. No changes were made during FY-2005 1/16/2006 11:05:00 PM tigardfunds-request-2006-a.doc Page 9 of 9 • , 1 ' Tualatin Tualatin Valley Community Bond Valle P. O. Box 230773 Comrrmuni ?=goad, OR 972BI -0773 Band January 30, 2006 Mr. Tom Imdieke Interim Finance Director CID.r°►,' FEB 0 2 2006 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Imdieke, I am pleased to submit our 2006 community events funding request to the City of Tigard. I believe the material provided is complete. If you have any questions about the content of this application, do not hesitate to contact me at 503-414-3058 or ppasteris@verizon.net. I look forward to working with you and the City to continue our. Band's tradition of serving the Tigard Community with quality live musical performances and community services. Sincerely, _7 Phil Pasteris President, Tualatin Valley Community Band Cc: Tualatin Valley Community Band Board of Directors, TVCB, P.O. Box 97281-0773, Tigard, OR AGENDA ITEM # Study Session FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Regulation of Payday Lending Businesses PREPARED BY: Robert Sesnon DEPT HEAD OK CIS CITY MGR OK L c r ISSUE BEFORE THE COUNCIL The Mayor requested that staff research and bring forward for discussion possible regulations of payday lending businesses within the City of Tigard. STAFF RECOMMENDATION Provide staff with direction whether or not to proceed with drafting an ordinance regulating payday lending businesses. INFORMATION SUMMARY Over the past several years there has been a significant increase in the number of payday lending businesses. Such businesses provide short-term loans to borrowers, typically 14 days, which coincide with the borrower's next paycheck. A typical fee charged for such loans is $20 per $100 loaned. If the borrower is unable to repay the loan in full they are given the option of rolling over the loan for an additional $20 per $100. Current state law limits the number of rollovers to three for each loan. The fees charged amount to an annual percentage rate of over 500%. For example, an individual borrowing $300 and rolling this amount over for the maximum three times would incur fees of $240, or 521% APR. The Oregon State Legislature has yet to address this issue. However, according to a recent article in the Oregonian newspaper (attachment A), House Speaker Minnis has indicated a desire to have the Legislature adopt regulations on the payday loan industry. Several measures on this topic have been proposed in the Washington Legislature but none have made it out of committee. As a direct result of inaction at the state level, at least three Oregon municipalities have enacted similar ordinances regulating the payday lending industry and provide for, among other things, the following: ' . im ` Restricts a payday lender from renewing a loan unless 25% or more of the principal plus accrued interest is first repaid. • Allows a borrower to cancel a loan, without charge, by the close of business the following day. • Provides that payday lenders must provide payment plans for borrowers who cannot repay the loan after being renewed the maximum number of times. • Provides for penalties for violations of the ordinance. Current state law does not allow jurisdictions to limit the rate of interest that payday lenders may charge. OTHER ALTERNATIVES CONSIDERED The Council may wish to take no action now and instead wait for legislation to be enacted at the state level. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT This agenda item does not address or affect any Council Goals or Tigard Beyond Tomorrow Vision Goals, Strategies, or Action Plan items ATTACHMENT LIST 1: Article reprint from the Portland Oregonian newspaper, "Minns advocates pay-day loan compromise" dated March 2, 2006 2. City of Portland ordinance No. 179948 and related municipal code section 3. City of Gresham ordinance FISCAL NOTES None 7 Minnis advocates payday-loan compromise Legislature - The House Speaker says it is better that rules be statewide rather than on a city-by-city basis Thursday, March 02, 2006 BILL GRAVES House Speaker Karen Minnis, R-Wood Village, wants the Legislature to adopt new regulations on the payday loan industry if lawmakers meet for a special session this year. Minnis, whom some blame for killing proposed legislation to regulate payday lenders in the last session, said in a statement Wednesday that she is concerned some cities are looking at regulating payday lenders. It would be better if the Legislature addressed the issue so regulations would be consistent statewide, she said. Some legislators are discussing a possible special session to deal with a gap in the Department of Human Services' budget. Last week, Portland adopted a law to regulate short-term lenders, which commonly charge more than 500 percent annual interest on small loans. Gresham and Troutdale, both in Minnis' district, are planning to vote this month on laws to regulate lenders. Critics questioned Minnis' motives, noting she has accepted large contributions from the payday-lending industry and has repeatedly opposed bills to regulate it. Minnis said her goal was "to reach a consensus with my colleagues in the Senate on a compromise that would provide uniform protections for our consumers while still making loans available to the thousands of Oregonians who use them." Payday lenders give borrowers short-term advances on their paychecks, commonly charging $20 for each $100 they lend. On a typical two-week loan, that translates into a 521 percent annual interest rate. If the borrower cannot pay, the lender will extend or roll over the loan for another two weeks for an additional $20. So after three rollovers allowed by state law, the borrower pays $240 in interest alone on a $300 loan. Critics say payday lenders trap low-income and elderly borrowers by driving them to borrow from a second lender to pay the first, a third to pay the second and so on until they are in hopeless debt. Rep. Jeff Merkley, D-Portland, said that Minnis' call for a special session is meaningless unless she's willing to adopt real regulations that curb interest rates and give trapped borrowers the option of setting up payment plans. Her "vague call" for action is "a thinly veiled effort, on behalf of the payday-loan industry that has supported her, to prevent real reform currently being considered by local communities," he said. "Faced with a growing number of city ordinances and a likely ballot initiative, the speaker has chosen to pre- empt local governments and distract reformers from going to the ballot," said Merkley. Patty Wentz, spokeswoman for Our Oregon, a progressive group pushing an initiative for the Nov. 7 ballot that would limit annual interest on payday loans to 36 percent, questioned what Minnis means by striking a compromise. "Given the fact the House took no action on payday loan reform in the last session, we're pretty skeptical," she said. Jon Isaacs, executive director of Future Pac, a campaign committee to elect Democrats to the state Houses, speculated that Minnis was responding to a letter that residents in her district received Wednesday announcing a new group called East County Citizens for Fair Lending Practices. The letter, signed by Paul Warr-King a Gresham city councilor, and Rob Brading, a Democrat challenging Minnis for her House seat, warns that payday lenders are multiplying in east Multnomah County and "we have a moral obligation to do something immediately to protect the families." But Charles Deister, spokesman for Minnis, who was not available, said she has not seen the letter. He said Minnis has long recognized a need to address the payday loan issue, which is why she appointed an interim committee for that purpose. She saw a need to move faster, said Deister, when cities started taking action on their own. Minnis faces a potentially tough and costly re-election this November, with national and local Democrats making no secret about targeting her. They argue that she smothered floor votes on significant bills last session, including a proposal allowing civil unions. The east Multnomah County district also has more registered Democrats than Republicans. Brading ran against her two years ago and won 46 percent of the vote. Janie Har of The Oregonian staff contributed to this report. Bill Graves: 503-221-8549; billgraves@news.oregonian.com ORDINANCE No. 179948 AS AMENDED * Provide for regulation of payday lending practices that occur in the City of Portland (Ordinance; add Code Chapter 7.26). The City of Portland Ordains: Section 1. The Council finds: 1. The Charter of the City of Portland, Section 2-105 (a) 17 provides for licensing and regulation of businesses operating in the City of Portland. Payday lenders previously have not been subject to regulatory licensing by the City of Portland. 2. These businesses should be regulated by the City of Portland because certain payday lending practices have proven detrimental to the financial security of individuals and families residing in the City. Payday lending practices often have an unreasonably adverse effect upon the elderly, the economically disadvantaged and other residents of the City. Frequently, taking a payday loan puts borrowers in much worse financial shape than before they took the loan. 3. Payday loans are short-term loans, typically for an initial term of 14 days or less, coinciding with the borrower's next paycheck. Borrowers are charged a flat fee to obtain a payday loan. These fees amount to annual interest rates which exceed five hundred percent. Usually, borrowers are required to repay the full loan in a single payment at the end of the 14-day term. When borrowers are unable to repay the full loan in a single payment, borrowers can either renew or default on the loan. To renew a loan, borrowers incur another fee, which again may exceed five hundred percent interest per annum. By the end of the state's statutory limit on the number of loan renewals, currently limited to three renewals, borrowers will pay fees which nearly equal the original amount borrowed and may not be able to repay the principal originally borrowed. In the absence of significant state regulation, it has fallen upon local governments to act to protect working families. 4. Therefore, the purpose of this ordinance is to require licensing for the purpose of regulating certain payday lending practices to minimize the detrimental effects of such practices on the citizens of the City by regulating payday lending practices occurring in the City, consistent with the laws of the State of Oregon. 5. The need for local regulation is critical to protecting the short and long-term financial security of working citizens struggling to lift their families out of poverty. Unfortunately, Council is unable to enact interest rate caps, due to the limitations of state law. If Council were able to enact interest rate caps on payday loans, Council would enact such regulation. Council, therefore, calls upon state regulators to enact such caps to further protect citizens. 6. The Council hereby declares that if any section, subsection, sentence, clause or phrase of this Ordinance, or the amendments to the Portland City Code it adopts is for any reason held to be invalid or unconstitutional the validity of the remaining portions of the Portland City Code, including but not limited to the City's Payday Lending regulations shall not be affected. Council declares that it would have adopted the City's Payday Lending regulations as provided by Exhibit A to this Ordinance, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases of this Ordinance may be found to be preempted, invalid or unconstitutional. NOW, THEREFORE, the Council directs: a. City Code Chapter 7.26 Payday Lending is added, as provided in Exhibit A. Section 2. The Council declares that an emergency exists because the financial security of many Portland families is in jeopardy due to the lending practices of certain Payday Lenders; therefore, this ordinance shall be in full force and effect from and after its passage by Council. However, Payday Lenders will have 60 days to receive a license, and no civil penalties will be enforced for 60 days. Passed by the Council, February 22, 2006 Commissioner Dan Saltzman Prepared by Shannon Callahan GARY BLACKMER February 22, 2006 Auditor of the City of Portland By/S/Susan Parsons Deputy BACKING SHEET INFORMATION AGENDA NO. 231-2006 ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 17 9948 AS AMENDED COMMISSIONERS VOTED AS FOLLOWS: YEAS NAYS ADAMS X LEONARD X SALTZMAN X STEN POTTER X & -VWLTIAN'D Exhibit A CHAPTER 7.26 REGULATION OF PAYDAY LENDING Sections: 7.26.010 Purpose 7.26.020 Definitions 7.26.030 Permits 7.26.040 Administrative Authority 7.26.050 Payment of Principal Prior to Payday Loan Renewal 7.26.060 Cancellation of Payday Loan 7.26.070 Payment Plan for a Payday Loan 7.26.080 Remedies 7.26.090 Appeals 7.26.100 Complaints 7.26.110 Severability 7.26.010 Purpose The City finds that, in order to minimize the detrimental effects that certain payday lending practices have on individuals and families, payday lenders should require payment of a portion of the original loan amount prior to the renewal of a payday loan, borrowers should be able to cancel a payday loan, and borrowers should be able to convert a payday loan into a payment plan. This Chapter shall be construed in conformity with the laws and regulations of the State of Oregon. 7.26.020 Definitions As used in this Chapter unless the context requires otherwise: A. "Borrower" means a natural person who receives a payday loan. B. "Cancel" means to annul the payday loan agreement and, with respect to the payday loan agreement returning the borrower and the payday lender' to their financial condition prior to the origination date of the payday loan. C. "Director" means the Director of the Revenue Bureau. D. "Payday Lender" means a "lender" in the business of making payday loans as defined in ORS 725.600(2). E. "Payday Loan" means a payday loan as defined by state law. F. "Principal" means the original loan proceeds advanced for the benefit of the borrower in a payday loan excluding any fee or interest charge. 1 7.26.030 Permits Within 60 days of the effective date of the ordinance enacting this Chapter, any Payday Lender operating in the City of Portland shall apply for and obtain a permit to operate as a Payday Lender. Permits shall required for each location a lender operates in the City of Portland and shall be renewed annually. The application shall be in a form to be determined by the Director. The Director shall require the Payday Lender to report its fee schedule in the Payday Lenders permit application. No person shall operate a Payday lending business or loan any funds as a Payday Loan without a current permit to do business issued by the City of Portland. The annual cost for the permit shall be $1,500.00, payable to the City of Portland; this permit is in addition to the City of Portland business license required by PCC 7.02. 7.26.040 Administrative Authority A. The Director is authorized and directed to enforce all provisions of this Chapter. The Director shall have the power to investigate any and all complaints regarding alleged violations of this Chapter. The Director may delegate any or all authority granted under this Section to any Revenue Bureau officer, employee or agent. B. The Director is authorized to adopt and enforce administrative rules interpreting and applying this Chapter. The Director or designee shall make written findings of fact and conclusions of law to support all decisions. C. Prior to adoption of a new administrative rule, the Director shall give notice to all interested parties of the terms of the proposed rule, and shall conduct a public hearing to consider public comment. Public notice shall be given when administrative rules have been adopted. 1. At the public hearing, the Director or designee shall hear oral and written testimony concerning the proposed rule. The Director shall have the power to establish and limit the matters to be considered at the hearing, to prescribe procedures for the conduct of the hearings, to hear evidence, and to preserve order. 2. The Director shall adopt, modify or reject the proposed rule after considering testimony received during the public hearing. 3. Unless otherwise stated, all rules shall be effective upon adoption by the Director. All rules adopted by the Director shall be filed in the Revenue Bureau and the Office of the City Auditor in compliance with PCC 1.07.030. Copies of all current rules shall be available to the public upon request. 4. Notwithstanding subsections 1 and 2 of this Section, the Director may adopt an interim rule without prior public notice upon a finding that failure to act promptly may result in serious prejudice to the public interest or the interest of the affected parties. Such interim rules shall detail the specific 2 reasons for such prejudice. Any interim rule adopted pursuant to this paragraph shall be effective for a period not to exceed 180 days. D. Inspection of Records. The City of Portland reserves the right to review and/or copy the records of any Payday Lender for purposes of auditing or complaint resolution. Such records shall be made available for inspection during normal business hours within 24 hours of written notice by the Director or its designee. 7.26.050 Payment of Principal Prior to Payday Loan Renewal A Payday Lender may not renew a Payday Loan unless the Borrower has paid an amount equal to at least twenty-five percent (25%) of the principal of the original Payday Loan, plus interest on the remaining balance of the Payday Loan. The Payday Lender shall disclose this requirement to the Borrower in a minimum of bold 12 point type. 7.26.060 Cancellation of Payday Loan A. A Payday Lender shall cancel a Payday Loan without any charge to the Borrower if prior to the close of the business day following the day on which the Payday Loan originated, the Borrower: 1. Informs the Payday Lender in writing that the Borrower wishes to cancel the Payday Loan and any future payment obligations; and 2. Returns to the Payday Lender the uncashed check or proceeds given to the Borrower by the Payday Lender or cash in an amount equal to the principal amount of the Payday Loan. B. A Payday Lender shall disclose to each Borrower that the right to cancel a Payday Loan as described in this section is available to the Borrower. The Payday Lender shall disclose this requirement to the borrower in a minimum of bold 12 point type. 7.26.070 Payment Plan for a Payday Loan A. A Payday Lender and a Borrower may agree to a payment plan for a Payday Loan at any time. B. A Payday Lender shall disclose to each Borrower that a payment plan described in this section is available to the Borrower after the maximum amount of renewals allowed by state law. The Payday Lender shall disclose this requirement to the Borrower in a minimum of bold 12 point type. C. After a Payday Loan has been renewed to the maximum amount allowed by state law, and prior to default on the Payday Loan, a Payday Lender shall allow a Borrower to convert the Borrower's Payday Loan into a payment plan. Each payment plan shall be in writing and acknowledged by both the Payday Lender and the Borrower. 3 D. The Payday Lender shall not assess any fee, interest charge or other charge to the Borrower as a result of converting the Payday Loan into a payment plan. E. The payment plan shall provide for the payment of the total of payments due on the Payday Loan over a period of no fewer than 60 days in three or more payments. The Borrower may pay the total of payments due on the payment plan at any time. The Payday Lender may not assess any penalty, fee or other charge to the Borrower for early payment on the payment plan. F. A Payday Lender's violation of the terms of a payment plan entered into with a Borrower under this section constitutes a violation of this Chapter. If a Payday Lender enters into a payment plan with a Borrower through a third party that is representing the Borrower, the Payday Lender's failure to comply with the terms of that payment plan constitutes a violation of this Chapter. 7.26.080 Remedies A. Failure to comply with any part of this Chapter or the administrative rules may be punishable by civil penalties. The Director may impose a civil penalty of up to $1500.00 for a substantial violation of this Chapter or the administrative rules. A substantial violation is a violation having an impact on the public that informal compliance methods fail to resolve. Each substantial violation may be assessed a separate civil penalty. B. Civil penalties shall be payable to the City of Portland. C. Civil remedies. Nothing in this Section is intended to prevent any person from pursuing any available legal remedies. D. No civil penalties shall be assessed within 60 days of the effective date of this ordinance. 7.26.090 Appeals Any person upon whom a civil penalty has been imposed, or who has been directed by the Director to resolve a complaint, may appeal to the Code Hearings Officer pursuant to the provisions of Chapter 22.10 of this Code. 7.26.100 Complaints The Director shall have the authority to investigate any and all complaints alleging violation of this Chapter or administrative rules. A. The Director may receive complaints from Borrowers by telephone or in writing. Within a reasonable time, the Director shall forward the complaint by telephone or in writing to the Payday Lender it concerns for investigation. 4 B. The Payday Lender shall investigate the allegations of the complaint and report the results of the investigation and the proposed resolution of the complaint to the Director by telephone or in writing within two (2) business days from initial contact by the Director. C. If the proposed resolution is satisfactory to the Director, the Payday Lender shall proceed to resolve the complaint directly with the Borrower according to the resolution proposed to the Director. D. If the proposed resolution is not satisfactory to the Director, the Director shall conduct an independent investigation of the alleged complaint and propose an alternative resolution of the complaint. If the Payday Lender accepts the proposed alternative resolution and offers it to the Borrower, the complaint shall be final. If the Payday Lender refuses to accept and implement the proposed alternative resolution it shall be subject to remedies as provided by PCC 7.26.080. In the event of imposition of remedies, the Payday Lender may appeal as provided by PCC 7.26.090. 7.26.110 Severability If any provision of this Chapter, or its application to any person or circumstance is declared invalid or unenforceable the remainder of the Chapter and its application to other persons and circumstances, other than that which has been held invalid or unenforceable, shall not be affected, and the affected provision of the Chapter shall be severed. 5 3 COUNCIL MEETING CITY OF GRESHAM DATE: March 7, 2006 ITEM NO.: E-1 TITLE: FIRST READING OF COUNCIL BILL 10-06 AMENDING THE GRESHAM REVISED CODE, CHAPTER 9, BUSINESS, ESTABLISHING REGULATIONS ON PAYDAY LENDING ITEM: Gresham Revised Code Chapter 9 provides for licensing and regulation of businesses operating in the City of Gresham. Payday lenders previously have not been subject to regulatory licensing by the City of Gresham. These businesses should be regulated by the City because certain payday lending practices have proven detrimental to the financial security of individuals and families residing in the City. Payday lending practices often have an unreasonably adverse effect upon the elderly, the economically disadvantaged and other residents of the City. Frequently, taking a payday loan puts borrowers in much worse financial shape than before they took the loan. Payday loans are short-term loans, typically for an initial term of 14 days or less, coinciding with the borrower's next paycheck. Borrowers are charged a flat fee to obtain a payday loan. These fees amount to annual interest rates that exceed five hundred percent. Usually, borrowers are required to repay the full loan in a single payment at the end of the 14-day term. When borrowers are unable to repay the full loan in a single payment, borrowers can either renew or default on the loan. To renew a loan, borrowers incur another fee, which again may exceed five hundred percent interest per annum. By the end of the state's statutory limit on the number of loan renewals, currently limited to three renewals, borrowers will pay fees that nearly equal the original amount borrowed and may not be able to repay the principal originally borrowed. In the absence of significant state regulation, it has fallen upon local governments to act to protect working families. The purpose of this ordinance is to require licensing for the purpose of regulating certain payday lending practices to minimize the detrimental effects of such practices on the citizens of the City by regulating payday lending practices occurring in the City, consistent with the laws of the State of Oregon. The need for local regulation is critical to protecting the short and long-term financial security of working citizens struggling to lift their families out of poverty. Unfortunately, Gresham is unable to enact interest rate caps due to the limitations of state law. RECOMMENDED COUNCIL ACTION: Move to approve the first reading of Council Bill 10-06 to amend the Gresham Revised Code to establish regulations on Payday Lending. STRATEGIC GOAL(S); OBJECTIVE MET: ALWAYS USE AND MANAGE CITY RESOURCES EFFECTIVELY AND MAINTAIN FINANCIAL STABILITY. BUDGET/FINANCIAL IMPACT: None at this time. ADDITIONAL INFORMATION: David Widmark, City Councilor, 503-618-2232 Miles A. Ward, Senior Assistant City Attorney, 503-618-2304 REVIEWED BY: CAO CEDD N/A DES N/A FES N/A FMS HRD N A OGM N/A POL N/A CM "Rk OTHER 77A_ Name Title ATTACHMENTS: 1. Council Bill 10-06 Revised May 2005 Commentary is for information only. CB 10-06 ORDINANCE NO. AN ORDINANCE AMENDING THE GRESHAM REVISED CODE, CHAPTER 9, BUSINESS, ESTABLISHING REGULATIONS ON PAYDAY LENDING The City of Gresham finds: A. Gresham Revised Code Chapter 9 provides for licensing and regulation of businesses operating in the City of Gresham. Payday lenders previously have not been subject to regulatory licensing by the City of Gresham. B. These businesses should be regulated by the City because certain payday lending practices have proven detrimental to the financial security of individuals and families residing in the City. Payday lending practices often have an unreasonably adverse effect upon the elderly, the economically disadvantaged and other residents of the City. Frequently, taking a payday loan puts borrowers in much worse financial shape than before they took the loan. C. Payday loans are short-term loans, typically for an initial term of 14 days or less, coinciding with the borrower's next paycheck. Borrowers are charged a flat fee to obtain a payday loan. These fees amount to annual interest rates which exceed five hundred percent. Usually, borrowers are required to repay the full loan in a single payment at the end of the 14-day term. When borrowers are unable to repay the full loan in a single payment, borrowers can either renew or default on the loan. To renew a loan, borrowers incur another fee, which again may exceed five hundred percent interest per annum. By the end of the state's statutory limit on the number of loan renewals, currently limited to three renewals, borrowers will pay fees which nearly equal the original amount borrowed and may not be able to repay the principal originally borrowed. In the absence of significant state regulation, it has fallen upon local governments to act to protect working families. D. The purpose of this ordinance is to require licensing for the purpose of regulating certain payday lending practices to minimize the detrimental effects of such practices on the citizens of the City by regulating payday lending practices occurring in the City, consistent with the laws of the State of Oregon. E. The need for local regulation is critical to protecting the short and long-term financial security of working citizens struggling to lift their families out of poverty. Unfortunately, Gresham is unable to enact interest rate caps due to the limitations of state law. If Council were able to enact interest rate caps on payday loans, Council would enact such regulation. Council, therefore, calls upon state regulators to enact such caps to further protect citizens. F. The Council hereby declares that if any section, subsection, sentence, clause or phrase of this Ordinance, or the amendments to the Gresham Revised Code it adopts is for any reason held to be invalid or unconstitutional the validity of the remaining portions of the Gresham Revised Code, including but not limited to the City's Payday Lending regulations shall not be affected. Council declares that it would have adopted the City's Payday Lending regulations as provided in Section 2 of this Ordinance, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases of this Ordinance may be found to be preempted, invalid or unconstitutional. 1 - ORDINANCE NO. Y:\CAO\FY05-06\CBIa06-2i16r06\rr THE CITY OF GRESHAM DOES ORDAIN AS FOLLOWS: Section 1. Chapter 9, Business, of the Gresham Revised Code is amended to establish regulations on Payday Lending as follows: M,, Com~►ientary p ' 3 Article 9.90 REGULATION OF PAYDAY LENDING.' 9.90.010 Purpose. Payday loans vtctcmizc indnrd' who lack the rnea t 'acgture The City finds that, in order to minimize the detrimental effects that mbYe com ention ty s of lourt ; 7 payday g p iG-'ouncilar-DatildzWidmar~ certain lending practices have on individuals and families payday lenders should require payment of a portion of the original Worked closely }vrth tjte Cit) a V loan amount prior to the renewal of a payday loan, borrowers Portland to develop a coordma"ted should be able to rescind a payday loan, and borrowers should be rebnalarciry:schementended toe~..x~ able to convert a payday loan into a payment plan. This Chapter curtuil some oft~i abu es by i}i; shall be construed in conformity with the laws and regulations of Bpd day lenders and pr'oyu the State of Oregon. r rowers a means to repay til debt, on fair and reasonable tersyY;; 9.90.020 Definitions. As used in this Article unless the context requires otherwise: t k. u 01,9 yu Payday Lender. A lender in the business of making payday loans as defined by state law. Payday Loan. A payday loan as defined by state law. Borrower. A natural person who receives a payday loan. -_A Cancel. To annul the payday loan agreement and, with respect to the payday loan agreement returning the borrower and the payday xi lender to their financial condition prior to the origination date of the payday loan. Principal. The original loan proceeds advanced for the benefit of the borrower in a payday loan excluding any fee or interest charge. Manager. The City Manager or designee. 2 - ORDINANCE NO. Y:\CAO\FY05-06\CB10-06-2/16106\PT 9.90.030 Permits. k,r Within 60 days of the effective date of the ordinance enacting this Payday Itjiders in Gresham aren,~c Article, any Payday Lender operating in the City of Gresham shall aff6r4ed a 60 day phase inp-Mod apply for and obtain a permit to operate as a Payday Lender in"whtch to obtain'a permit to Permits shall be required for each location a lender operates in the operate as a Payday LenderaF City of Gresham and shall be renewed annually. The application nn~ w shall be in a form to be determined by the Manager. The Manager shall require the Payday Lender to report its fee schedule in the Payday Lender's permit application. No person shall operate a Payday lending business or loan any funds as a Payday Loan without a current permit to do business issued by the City of ~r Gresham. The amount of the fee shall be set by council resolution. 9.90.040 Administrative Authority. Gresham sproposed ordif nc (1) The Manager is authorized and directed to enforce all diiffelisfrom PorLlgnd s Aronce ~ provisions of this Article. The Manager shall have the power to by ina tng k the 6t y1, anger on-z investigate any and all complaints regarding alleged violations of designee, ' resPonsible or, . , this Article. The Manager may delegate any or all authority granted en/brcement and adrriili sti auolz under this Section to a designee. Portland gives that autho -rty td,th- f.4 ,DitectQr of the city s Reicnue a (2) The Manager is authorized to adopt and enforce Bureau. administrative rules interpreting and applying this Article. The ` Manager or designee shall make written findings of fact and g conclusions of law to support all decisions.; (3) Prior to adoption of a new administrative rule, the Manager shall give notice to all interested parties of the terms of the proposed rule, and shall conduct a public hearing to consider public comment. Public notice shall be given when administrative rules have been adopted. (a) At the public hearing, the Manager or designee shall hear oral and written testimony concerning the proposed rule J y%f~ $it .7 ~1"4 i.xJ The Manager shall have the power to establish and limit the matters to be considered at the hearing, to prescribe procedures for the conduct of the hearings, to hear evidence, and to 1 + Yl/ J 1~ preserve order. , r (b) The Manager shall adopt, modify or reject the proposed rule after considering testimony received during the public hearing. h r + w (c) Unless otherwise stated, all rules shall be effective upon adoption by the Manager. All rules adopted by the Manager shall be filed in the Office of Governance and . v:: aP•ua r: Management of the City of Gresham. Copies of all current rules shall be available to the public upon request. 3 - ORDINANCE NO. Y:\CAO\F7v05-MCSio-06-2t16t06\wr (d) Notwithstanding subsections 1 and 2 of this Section, lam, ~f;a r" the Manager may adopt an interim rule without prior public notice upon a finding that failure to act promptly may result in ,J serious prejudice to the public interest or the interest of the. affected parties. Such interim rules shall detail the specific reasons for such prejudice. Any interim rule adopted pursuant h f to this paragraph shall be effective for a period not to exceed fi 180 days. (4) Inspection of Records. The City of Gresham reserves the G right to review and/or copy the records of any Payday Lender for s ` purposes of auditing or complaint resolution. Such records shall be s made available for inspection during normal business hours within z 24 hours of written notice by the Manager or its designee. 9.90.050 Payment of Principal Prior to Payday Loan ` Renewal. A Payday Lender may not renew a Payday Loan unless the Borrower has paid an amount equal to at least twenty-five percent (25%) of the principal of the original Payday Loan, plus interest on the remaining balance of the Payday Loan. The Payday Lender J h shall disclose this requirement to the Borrower in a minimum of x " bold 12 point type. S . 9.90.060 Cancellation of Payday Loan. (1) A Payday Lender shall cancel a Payday Loan without any charge to the Borrower if nor to the close of the business day following the day on which the Payday Loan originated, the ` = 4 Borrow: w (a) Informs the Payday Lender in writing that the Borrow wishes to cancel the Payday Loan and any future payment obligations; mid (b) Returns to the Payday Lender the uncashed check or° proceeds given to the Borrow by the Payday Lender or cash in an amount equal to the principal amount of the Payday Loan. (2) A Payday Lender shall conspicuously disclose to each Borrower that the right to cancel a Payday Loan as described in this section is available to the Borrower. The Payday Lender shall s.n• disclose this requirement to the borrower in a minimum of bold 12 ti point type.t 4 - ORDINANCE NO. YACA0\FY05-WCB10-06-2i16i06\?T 9.90.070 Payment Plan for a Payday Loan. (1) A Payday Lender and a Borrower may agree to a payment 14. i4 plan for a Payday Loan at any time. (2) A Payday Lender shall disclose to each Borrower that a t payment plan described in this section is available to the Borrower after the maximum amount of renewals allowed by state law. The Payday Lender shall disclose this requirement to the Borrower in a r minimum of bold 12 point type. (3) After a Payday Loan has been renewed to the maximum amount allowed by state law, and prior to default on the Payday Loan, a Payday Lender shall allow a Borrower to convert the ` r Borrower's Payday Loan into a payment plan. Each payment plan shall be in writing and acknowledged by both the Payday Lender ' and the Borrower. (4) The Payday Lender shall not assess any fee, interest charge or other charge to the Borrower as a result of converting the Payday Loan into a payment plan. r~ r (5) The payment plan shall provide for the payment of the total of payments due on the Payday Loan over a period of no fewer than " 60 days in three or more payments. The Borrower may pay the , total of payments due on the payment plan at any time. The Payday "`'aw1z Lender may not assess any penalty, fee or other charge to the Borrower for prepayment of the payment plan. (6) A Payday Lender's violation of the terms of a payment plan entered into with a Borrower under this section constitutes a r" µ violation of this Article. If a Payday Lender enters into a payment plan with a Borrower through a third party that is representing the t b z 040 Borrower, the Payday Lender's failure to comply with the terms of that payment plan constitutes a violation of this Article.« n r a`TM 9.90.080 Remedies. Subsection (4) below prof, des a (1) Failure to comply with any part of this Chapter or the 6Q=day phase inperiod re'410,2 administrative rules may be punishable by civil penalties. The civil enalties can he,en orced+:`_ Manager may impose a civil penalty of up to $1,500.00 fora andthis:DPdiii,~ee.' Thisgrves", substantial violation of the Article or the administrative rules. A payday Lenders a reasonable substantial violation is a violation having an impact on the public amount of time to change their that informal compliance methods fail to resolve. Each substantial prdctrcesfa comply ivith;the violation may be assessed a separate civil penalty. require»ents of ihhis Ordinance s (2) Civil penalties shall be payable to the City of Gresham. (3) Civil remedies. Nothing in this Section is intended to prevent an person from pursuing any available legal remedies. 5 - ORDINANCE NO. Y:\Cno\FY05-06\Ceto-06-2/16/06\Fr d~ +c - - y x•a a.y hh, . 1541 ~f. (4) No civil penalties shall be assessed within 60 days of the K effective date of this ordinance. 9.90.090 Appeals. ` Appointment of Heanngs'Qfcers Any person upon whom a civil penalty has been imposed, or who ll.'constliute andddtt,onal has been directed by the Manager to resolve a complaint, may expense to the cim appeal by filing a notice of appeal with the Manager, and following all procedures for appeals provided in Chapter 1 of the Gresham ' Revised Code. 9.90.100 Complaints. The Manager shall have the authority to investigate any and all complaints alleging violation of this Chapter or administrative ' rules. (1) The Manager (or designee) may receive complaints from Borrowers by telephone or in writing. Within a reasonable time, the Manager shall forward the complaint by telephone or in writing to the Payday Lender it concerns for investigation.x (2) The Payday Lender shall investigate the allegations of the complaint and report the results of the investigation and the r ; J " y proposed resolution of the complaint to the Manager by telephone r F ^ or in writing within two (2) business days from initial contact by " f = a' Ft 7 the Manager. 3 If the proposed resolution is satisfactory to the Manager 'Al the Payday Lender shall proceed to resolve the complaint directly Y with the Borrower according to the resolution proposed to the to Manager. .„1 (4) If the proposed resolution is not satisfactory to the Manager, the Manager shall conduct an independent investigation of the alleged complaint and propose an alternative resolution of the x i! complaint. If the Payday Lender accepts the proposed alternative resolution and offers it to the Borrower, the complaint shall be final. If the Payday Lender refuses to accept and implement the proposed alternative resolution it shall be subject to remedies as provided in GRC 9.90.080. In the event of imposition of remedies, the Payday 1 k&ELender may appeal as provided by GRC 9.90.090. .tci;J39.90.110 Severability. If any provision of this Article, or its application to any person or , circumstance is declared invalid or unenforceable the remainder of the Article and its application to other persons and circumstances, other than that which has been held invalid or unenforceable, shall not be affected, and the affected provision of the Article shall be severed. 6 - ORDINANCE NO. v:\CAO\FY05-06\Cato-06-2t16t06\?r First reading: Second reading and passed: Yes: No: Absent: Abstain: City Manager Mayor Approved as to orm: Senior Assistant City Attorney 7 - ORDINANCE NO. Y:\Cno\FY05-06\CSio-06--2n6i06\rr AGENDA ITEM # Study Session FOR AGENDA OF 03/28/2006 QTY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Ci Council annual police holdin facitli tour and audit. f nn PREPARED BY: Lt. Ricky S. Rhodes DEPT HEAD OK QTY MGR OK 16W ~ 1 CISSUE BEFORE THE COUNCIL Tour and inspection of the Police Department's Temporary Holding Facility as required by the Oregon State Department of Corrections. STAFF RECOMMENDATION Staff recommends Council members tour the Holding Facility to become familiar with its physical layout and policy. INFORMATION SUMMARY Annually, the Oregon State Department of Corrections is required to inspect jails and holding facilities throughout the State. This did not occur in 2004, but a State inspection was conducted in 2005. The State inspector recommended to the Police Department Inspections Officer that the governing body of the Qty tour the facility. The attached letter from the Department of Corrections Inspector includes recommendations for improving facility operations. Chief Dickinson will discuss the jail audit and recommendations with Council during the jail inspection. OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT N/A ATTACIV ENT LIST Attachment 1- Report from the State of Oregon on facility inspection dated January 5, 2006. Attachment 2 - Tigard Police Department General Order # 4.31- Temporary Holding Rooms FISCAL. NOTES No cost. a - ATTACHMENT 1 U regon Department of Corrections F' :o m z Community Corrections Theodore R. Kulongoski, Govemor 2575 Center Street NE 'see Salem, OR 97301-4667 Phone: 503-945-9050 FAX: 503 373-7810 n EGON January 5, 2006 fy. ~F9`o~ Bill Dickinson, Chief of Police Tigard Police Department 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Inspection report on Temporary Hold facility Dear Chief: Enclosed is the inspection report on your temporary hold facility that I performed on December 28, 2005. Please convey my thanks to Lt. Ricky Rhodes for his assistance with the completion of my inspection. Here are my recommendations for the improvement of your facility operations: 1. As discussed on site the holding of status and other non-offender juveniles in a secure setting is not permitted and a violation under the federal juvenile delinquency act. The records show two such violations for the past year; 2. Inspections by the fire marshal and a vendor to test the fire sprinkler system needs to be kept current and those records kept on site for me to examine; 3. Update the current policy and procedures to provide for sight and sound separation of adults and juveniles by what is referred to as "time phasing" of adults and juveniles since they are brought in and out of the same sally port and other common spaces. I will share with you by separate communication a sample policy and procedure for you to consider. f Correctional Facility Data Sheet OREGON DEPARTMENT OF CORRECTIONS COMMUNITY CORRECTIONS DIVISION 2575 CENTER STREET NE SALEM, OR 97310-0470 Phone: (503)-945-9050 FAX: 373-7810 County: Washington Inspector: Billy Wasson Date(s) Inspected: December 28, 2005 Name of Facility: City of Tigard Police Department Address: 13125 SW Hall Blvd. City: Tigard ZIP: 97223 Facility Manager: Lt. Ricky S. Rhodes email: 22110ktigard-or.gov Chief of Police Bill Dickinson Manager Phone: 503-718-2571 General Phone: 503-639-6168 Fax: 503-639-0353 FACILITY DESIGNATION: Temporary Hold Facility Construction Date: 1980 Remodel Dates: 1998 Total Design Capacity: Two cells (one single person and one multiple person 4-6) Type of facility Podular ✓ Linear Type of supervision: Direct ✓ In-direct FACILITY DATA: Male: Female: Juveniles (yes/no and number): 3 for 2005 11 for 2004* Pretrial: Sentenced: Holds: Average Daily Population: Annual bookings: 40 adults for 2005 Average length of stay days: less than 4 hours Incidence of Suicide or attempted Suicide? None Holding for Other Jurisdictions: No ✓ If Yes, Who: *The juvenile intakes show for 2004 that two of the secure lodges were for runaway. One of these notes that the officer realizes that the juvenile should not be in the secure area and moves them to a non-secure area mid-way through the stay. The agency does not keep a "log" but does individual booking sheets and keeps them for examination. 'k l~ ( . I I r DO NOT C': { ( BACK N Jy r LL~TT 'r'at. View on the left is the gun locker and one entry to the temp hold on the inside of the agency. The view on the right is the one car vehicle sally port and the gun locker and entry to the temp hold. es F: ~ f, f.A View on the left is the toilet facility and shower area and the right is the hallway in the jail with the sally port door at the far end. 44 u { Larger multi-person holding cell. OTHER INSPECTIONS BY: State Fire Marshal Last inspection date: 4/17/03 Violations noted? ( ) Yes ) No Have violations been abated? ( ) Yes No Comments: Inspections should be conducted at least yearly Fire Sprinkler System Check Last inspection date: 7/15/02 Violations noted? ( ) Yes No Have violations been abated? ( ) Yes ( ) No Comments: Fire Sprinkler System should be checked at least yearly 0 Fire Alarm System Check Last inspection date: 8/13/05 Violations noted? Yes ) No Have violations been abated? Yes ( ) No Comments: Fire Alarm stystem should be checked regularly Health Department Last inspection date: 4/25/03 Violations noted? Yes ) No Have violations been abated? Yes No Comments: Inspections should be conducted at least yearly. Grand Jury (county facilities) Last Date: N/A Comments: County Commissioners (county facilities Last Date: N/A Comments: County should review facility yearly City Council (city facilities) Last Date: Not Available Comments: City should review city facilities yearly ADDITIONAL INSPECTIONS OR COMMENTS NOTED: The Fire Marshal and Sprinkler System testing needs to be current within the year and proof of those inspections/tests furnished to the Oregon Department of Corrections Jail Inspector as soon as possible. The agency is encouraged to keep moving forward with its efforts to remove all status offenders from the secure areas of the temporary holding facility and maintain sight and sound separation with adults in the handling of those juveniles. The department Temporary Hold policy should be amended to provide for sight and sound separation and "time phasing" when needed for adults and juveniles in the same areas. By separate communication I will send a model policy that has language for your agency to consider. Billy F. Wasson, Inspector JAIL INSPECTIONS REPORT ORS 169.078 - STANDARDS FOR TEMPORARY HOLD FACILITIES Hold Facility Inspected: Tigard Police Department Yes No (1) Provide access to sanitation facilities. (2) Provide adequate seating. (3) Maintain supervision of prisoners or detainees when confined. Such supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the area in which the facility is located. (4) Prohibit firearms from the secure area except in times of emergency. O (5) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. Inspector Signature: Billy Wasson Date: December 29, 2005 Comments: Juvenile Detention Facility Inspection Form Facility Name: Tigard Police Department Temporary Hold Contact: Lt. Ricky S. Rhodes Phone: 503-718-2571 Specific to compliance with the following two requirements of the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974, as amended: Deinstitutionalization of Status Offenders The JJDP Act requires States to assure that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult (i.e., status offenders and/or non-offenders), shall not be placed in secure detention or correctional facilities." Are accused status and/or nonoffenders held for processing purposes only? yes ( ) no Are adjudicated (sentenced) status and/or nonoffenders held? yes ) no Are accused status offenders and civil-type offenders (noncriminal traffic, fish and game violations) held over 24 hours? yes ) no Sight and Sound Separation The JJDP Act, as amended, provides that juveniles alleged to be or found to be delinquent, as well as status offenders and nonoffenders, "shall not be detained or confined in any institution in which they have contact with adult persons incarcerated because they have been convicted of a crime or awaiting trial on criminal charges." Is contact possible between juveniles and incarcerated adults working in or around the detention facility? yes ) no Policies and Procedures: Are there written polices and procedures addressing the: Handling of status offenders yes ( ) Sight and sound separation from incarcerated adults working in or around the facility ( ) yes ) Removal of status offenders within 24 hours yes ( ) Findings/Recommendations: Keep the Runaways out of the secure temp hold areas. Amend the agency policy to provide for time phasing to insure that adults and juveniles are not in the area at the same time to maintain sight and sound separation. The inspector reviewed facility records about persons detained during the past 12 months. For any juveniles held, the facility maintains proper data including: an identifier for each detained youth (e.g., name or initials), age, charge, date and time of admission, and date and time of release." Inspector: Billy Wasson Date: December 29, 2005 ATTACHMENT 2 Subject Effective Date Number t 8/1997 4.31 e Temporary Holding Rooms Revised Dale No. Pages r ~ 5/2003 6 Accreditation Reference Chief of Police 71.1.6, 72.9.1, 72.9.2, 72.9.3, 72.9.4, 72.9.5, 72.9.6, 72.9.7 I. PURPOSE keys to be removed from the holding room. The purpose of this policy is to maintain a safe . Holding room keys will not be left and secure operation of the Tigard Police unattended. Department Holding Rooms. • No arrested person, visitor, or unauthorized person will be permitted to II. DEFINITION use, handle, or possess holding room keys. A. "Temporary Hold" means a facility, the . Officers will ensure the holding room principal purpose of which is the temporary doors are properly closed and locked detention of a prisoner for four (4) or less when prisoners are inside. hours while awaiting court appearance or transportation to a local correction facility. • Pursuant to ORS 169.078, the Watch (ORS 169.005 (7)) Commander or arresting officer will B. "Holding Room" means a secure room within perform constant audio and visual the Tigard Police Department, the principal observations involving security, control, purpose of which is the temporary detention custody and supervision of all confined of a prisoner for two (2) or less hours while detainees and prisoners, with personal being processed, awaiting release, or inspection at least once each hour. preparation of paper work for court or These personal inspections include, but transport. are not limited to: C. "Status Offender" means a juvenile who is 1. signs of illness or injury charged with or who has committed an 2. signs of tampering with bars, offense that would not be criminal if locking devices, windows, committed by an adult (Truancy, Curfew, plumbing, ventilator, grills, and Runaway, Possession and/or consumption of cameras tobacco products and Possession and/or consumption of alcohol). 3. contraband, evidence or weapons III. POLICY 4. unusual behaviors 5. potential fire hazards A. Security Maintenance work should only occur • All Police Department personnel, both when the holding room is unoccupied sworn and non-sworn, receive written and should be supervised when possible. General Orders, as well as hands-on- The watch commander or his designee training respective of their position for the will conduct a security check when the handling of prisoners and the procedures work is completed to ensure that tools or for utilizing the temporary holding room other contraband are not left in the and audio visual equipment. holding area. • All holding room keys, when not in use, • Any unusual activity observed during will be stored in the booking room. Under security checks will be immediately no circumstances are the holding room investigated and noted on the jail log, as -1- 4.31 • Temporary Holding Rooms well as the date and time each inspection • Items too large to be accepted at the was made. If a written report is required, jail will be listed on a PER and pull a case number and forward a copy to placed into evidence. the Division Commander. • The prisoner will sign the Prisoner • Prisoners of the opposite sex, as well as Property Receipt once the property is adults and juveniles, will be held in removed and itemized. A copy of the separate locations in accordance with receipt and (if applicable) PER will be law while in the holding area. given to the prisoner. • No outside agency personnel will be If the prisoner refuses or is unable to permitted to use the booking area unless sign the required sections of the the agency officer is familiar with the Prisoner Property Receipt, the holding room policy, or is assisted by a booking officer will enter "REFUSED" Tigard police officer who will be or "UNABLE TO SIGN" in the responsible for ensuring policy is applicable boxes. If unable to sign, followed. the officer will document the reason B. Searches in their report. 1. The arresting or transporting officer shall When the property is returned to the search every prisoner, prior to entering or prisoner, they will sign the original re-entering the Tigard Police holding receipt. If the prisoner is transferred room. A thorough search will be made to the Jail, the officer will complete for: the return of property process and have the prisoner sign the original • weapons or items that could be used receipt indicating they have received as weapons, their property. The property then • contraband, needs to be turned over to the Jail deputy who will conduct their own • tools or items that could be used to inventory. aid an escape, • The original receipt will be attached • anything that could be a danger to to the officer's report and will be the prisoner or the officer, maintained in the case file. • evidence or fruits of the crime • In cases where the prisoner is 2. All the prisoner's property will be transported directly to the jail, then the prisoner will retain his/her removed from the prisoner and placed personal property. into a bag or container and kept within the holding room until the prisoner is 3. Officers shall conduct a security check released or transported to a correctional of the room for weapons and contraband facility. Under no circumstances will a prior to placing a prisoner in an prisoner be placed in a holding room unoccupied room and again when the with any article of clothing that could be room becomes vacant. used to hang themselves, (i.e., necktie, C. Weapons shoestrings, belts, or articles of clothing with strings.) A receipt will be issued to 1. Pursuant to ORS 169.078 firearms shall the prisoner for all property removed in be prohibited within the confines of the accordance with ORS 133.455. Tigard Police holding room except by direct order of the Chief of Police or his • Weapons, contraband, evidence of designee during extreme emergencies. crimes, or items that could be used to aid in escape will be listed on a 2. Prior to entering the holding room, Property Evidence Report (PER) and officers shall place all firearms, placed in to evidence. ammunition, knives, batons, asps, or other tools in their patrol vehicles or in the locker located in the sally port or in -2- 4.31 • Temporary Holding Rooms a the police building hallway located Only then will a prisoner be allowed to outside the booking area. exit the vehicle. 3. All police officers using the holding room 5. All officers exiting the Tigard Police shall assure that no armed officer is holding room via the sally port shall make permitted to enter the holding room. sure their prisoner is secured within their vehicle prior to retrieving their weapons 4. Non-lethal weapons, such as defensive or other items from a secured locker or spray Oleoresin Capsicum, are the trunk of their vehicle. The officer will permitted within the holding room; enter the security code to open the sally however, the use of such non-lethaf port gate and when the gate is fully open weapons shall be limited to: the officer may back their vehicle out of the sally port area. After backing out of • prevent escapes the sally port the officer will exit their vehicle and push the button at the control • prevent physical injury box to close the gate. No officer will leave the sally port gate open upon • quell riotous disturbances leaving the facility. • protection of the officer 6. Occasionally the sally port will be in use 5. If the situation arises in which the use of when another officer arrives. The arriving non-lethal or less lethal weapons is officer may elect to unload their prisoner justified, and time permits, the Watch and walk the prisoner into and through Commander shall evaluate the the sally port area to enter the holding circumstances and approve or room. The officer can use this procedure disapprove the use of such weapons. providing the officer has secured his firearm, ammunition, baton, asps or other D. Sally Port Operation tools in the lockers provided or the trunk 1. All police agencies utilizing the Tigard of their vehicle. Police holding room sally port shall E. Prisoners adhere to the established procedure for its use; and all Tigard Police personnel 1. All persons over eighteen (18) years of shall adhere to the established age arrested by this agency, and not operational procedures. released at the scene by citation in lieu of 2. The Tigard Police sally custody, may be transported to the port area is Tigard Police Department for booking. considered a safe area and no tools, weapons, or any other items that could 2. Officers will not exceed the maximum be used as a weapon will be accessible capacity or capabilities of the holding or stored unsecured within the confines room based upon the number of of the sally port area. prisoners or their status that would require separation or segregation. 3. Police officers with persons in custody Physical custodies that would exceed the wishing to enter into the Tigard Police capacity of the holding room will be sally port will pull up to the gate, exit their transported directly to jail. The handling vehicle and enter the code for opening of anticipated multiple or mass arrests the gate at the control box located near shall be delineated in the operations plan the overhead gate. Upon entering into for the incident or coordinated with the sally port area, the officer will again outside agencies. exit his vehicle and push the control button near the weapons locker to close 3. When a prisoner is admitted to the Tigard the gate. Police holding room, the prisoner's restraining devices will be removed at the 4. Prior to removing any prisoner from the discretion of the officer admitting the vehicle, the officer will secure all prisoner to the facility. weapons, ammunition, knives, batons, asps, or other tools in the lockers No prisoner will be admitted to the Tigard provided or into the trunk of their vehicle. Police holding room that is combative, -3- 4.31 • Temporary Holding Rooms violent, suicidal, or has a history of • arranging transportation upon escape. They will, at the direction of the release, or Watch Commander / Shift Supervisor, be . notifying relatives or friends of their segregated and transported directly to the appropriate medical or correctional present circumstances facility. 9. Whenever a prisoner is placed into one 4. No person will be placed in the Tigard of the temporary holding rooms, the Police temporary holding rooms if: electronic monitors will be activated for visual and audio monitoring. Every • the person is unconscious, medically prisoner will be physically checked at impaired or physically unresponsive; least once every hour and visually or checked at least once every 30 minutes. • an evaluation of that person for Prisoners taken to interview rooms will "suicide" or any history or current not be left unattended at any time. conduct would raise a concern for 10. Prisoners who are not in a holding room doing harm to self or others or being photographed may be 5. Prisoners accepted into the Tigard Police restrained, either in the prisoner chair or holding room will have their names with other provided devices. DOBs, charges, case numbers, time of 11. During detention, booking or interviews, entry and exit times entered into a log prisoners may be handcuffed to fixed book located in the booking area. objects (i.e. Booking room rebar, holes in 6. All officers will complete the medical the holding room and booking room evaluation portion of the custody report benches) to maintain control and on each prisoner. Obvious sign of illness enhance officer safety. Custodial officers or injury will be noted on the custody. will remain with their prisoners when Officers will specifically ask prisoners prisoners are handcuffed to fixed objects. about existing medical conditions or Prisoners handcuffed to fixed objects prescribed medications. will not be left unattended at any time. Prisoners may require prescribed 12. Prisoners held within the Tigard medications at regular intervals. If a Police holding rooms will be prisoner claims a need for such processed within two (2) hours. This prescribed medication, medical period of time includes booking and personnel should be contacted interviewing. If there are exigent immediately to determine the importance circumstances that require a longer of administering the medication, the risk processing time, the arresting officer associated with delay in administration, shall contact the watch commander, the potential for overdose, etc. advising of the exigent circumstances, and obtain specific approval for 7. All prisoners shall be given adequate continued detention. The circumstances access to sanitation facilities. will be documented in the arresting officer's report. The name of the watch • Prisoners will only use the sanitation commander and the time of approval will facilities designated for them. They be included in the report. will not be permitted under any circumstances, to use the sanitation 13. After booking is completed and the facilities in the booking room area. prisoner is to be transported to a 8.. All prisoners will be given the opportunity correctional facility, if the arresting officer is not the transporting officer, he/she will to make a telephone call upon make arrangements for the care, custody completion of the booking process. This and paperwork of their prisoner with the phone call will be primarily for the transporting officer. This includes purpose of: monitoring electronically or physically • contacting an attorney, until the prisoner is transported. • arranging bail, F. The Restraint Chair -4- 4.31 • Temporary Holding Rooms The restraint chair may be used when a personnel to examine the prisoner for prisoner's behavior presents a threat to any medical problems and notify the themselves, to other people in the facility, or Watch Commander/Shift Supervisor. to the general safety and security of the • The restraint chair shall not be used in a facility. punitive manner or for any disciplinary • Use of the restraint chair must be reasons. approved by the on-duty Watch Under no circumstances will the Commander/Shift Supervisor. If possible, prisoner's mouth or nose be covered with the Watch Commander/Shift Supervisor any material that will restrict their normal will be present when the prisoner is breathing, nor will anything be placed restrained in the chair. inside the prisoner's mouth to stop the • Officers, who place prisoners in the prisoner from screaming or spitting. restraint chair, are responsible for G. Juveniles ensuring that all straps are . snugly secured. Caution should be used to 1. Juvenile offenders under the age of ensure that blood flow or respiratory twelve (12) and/or status offenders circulation is not inhibited. cannot be held in secure rooms. • Officers who are supervising any prisoner 2. Juveniles meeting the above criteria placed in the restraint chair shall examine need to be held in a non-secure room (no the restraints at regular and frequent locking door). They should be placed intervals, not to exceed fifteen (15) into supervised interview rooms. The minutes. Times shall be documented in officer responsible for the juvenile shall the physical control report. Caution not leave them, unattended. Juveniles should be used to ensure circulation is cannot be held in this manner longer than not restricted and that the restraints are 4 hours. Completion of the Prisoner secure. Prisoners placed in the Property/Booking form is still required restraint chair will not be left with the officer noting on the form that the unattended at any time juvenile was held in an un-secure room. • As with all restraints, this restraint should 3. Juvenile offenders between the ages of be removed as soon as possible once it twelve (12) and eighteen (18) may be has accomplished the purpose for which placed into supervised secure rooms but it was originally used. Watch not in the same room with an adult Commanders / Shift Supervisors are prisoner. If adult prisoners are in the responsible for ensuring the arresting rooms, or brought in to be held while officer is monitoring the status of the juveniles are present, the juvenile(s) can prisoner restrained in the restraint chair, be moved out of sight and sound of the and discontinuing its use as soon as adult prisoner, but they are not required control of the prisoner is regained. to be moved out of the facility. Juveniles being held in a secure room will be held • Documentation of the use of the restraint in compliance with section E. 12 of this chair shall be reported on the Tigard policy. Police Department's Physical Control Report. The report will also include the H. Visitation time the prisoner was placed in the General visitations with prisoners are not restraint chair, why it was used and the allowed. In the event the prisoner needs to time the prisoner was removed from the meet with an attorney at the Police restraint chair. Department, they will be moved to the secure • If at any time the prisoner, while in the interview room adjacent to the holding room restraint chair, should experience and afforded privacy for conversation. The respiratory or circulation problems, the attorney should be searched if he will be in arresting officer shall immediately direct contact with the prisoner. The prisoner evaluate the prisoner's removal from the should be searched before being returned to restraint chair and summon medical the holding room. -5- 4.31 • Temporary Holding Rooms 1. Evacuation Plan The custodial officer is responsible for evacuation of his/her prisoner(s) in accordance with the City of Tigard Emergency Response Guidelines for city buildings. The custodial officer will ensure the security of the prisoner(s) during the time the prisoner(s) are not in the holding room. No prisoner will be evacuated for scheduled practice drills. The custodial officer will remain in the building with his/her prisoner(s) during scheduled practice drills. All personnel working in the holding room shall be trained in emergency evacuation procedures and equipment. J. Inspections The Tigard Police holding room will be inspected as follows: • The Night Shift Watch Commander or Shift Supervisor will make an inspection daily using the inspection checklist. The completed checklist will be maintained on the inspection clipboard in the holding room until archived pursuant to ORS. • The Fire Department semi-annually • On a continual basis by members of the Tigard Police Department when using the holding room • The facilities coordinator will ensure that the automatic fire detection devices are inspected, serviced and/or repaired at least annually or as needed -6- C~-4wi e'rn. - TOGAO,E) HOGH LEADERSHIU= 9000 SW DURHAM ROAD ° TIGARD m OREGON° 97224 (503) 43 1 -S51 8 0 FAX (503) 43 1 -541 O HTTP://THS.TTSD.K 1 2.OR.US/LEADERSHIP/HOME.HTML 2005-2006 City Council Student Report: March 28, 2005 "Nothing Less. Student Envoy: Krista Foltz 1. Academics Activities Director:. a. Spring Break Judy Edtl II. Athletics President: a. Spring Sports have just started Krista. Foltz b. Tigerettes got Second at State ce. i. In Disneyland with the band ViJice Prresesiictdeent c. Baseball has a tournament this week with one game a day Activities: III. Arts Jasmina a. Choir Dizdarevic L John Pelzner and Kim Selair will Secretary:: be competing at Solo and Karyn Silva Ensemble b. Band Treasurer: L Performing this week in Charlie Sandbo Disneyland Human Relations.. c. Theatre Stephanio'Shields L One Acts which are directed by students will be coming up in late Assemblies: April or early May Jae specht IV. ACTIVITIES Spirit: a. ASS Elections Assembly Lane Ronne b. Upcoming on April 12 we have Tigard Idol from 7-9pm in the gym Publicity: c. Also on April 21st we have our Prom Heidi Dickinson Fashion Show in the gym Tech Coordinator: Austin Rufener rr CITY MANAGER CITIZEN COMMUNICATION FOLLOW UP FOR THE MARCH 28, 2006 MEETING At the last City Council business meeting held on February 28, 2006, the following individual(s) testified during Citizen Communications to the City Council: ■ John Frewing, 7110 SW Lola Lane, Tigard, OR 97223 referred to a City Council discussion last week about a performance audit of the Police Department. He suggested the City Council consider revisiting the idea of consolidating the Tigard Police Department with Washington County law enforcement. Mr. Frewing said there was potential for significant cost savings. Mayor Dirksen noted the City Council discussion last week was with the Financial Strategy Task Force. The Task Force report that, after review, the City was providing the services that it should be. The Task Force recommended performance audits of targeted programs in the General Fund to determine if services are being provided efficiently. ■ Linda Moholt, 19181 SW 55`h Court, Tualatin, OR 97062, distributed information from the Tualatin Schoolhouse Pantry. She said the root cause of hunger stems from the need for affordable medical care as people must choose between paying for food or healthcare. She announced that in fall 2006, a free medical clinic will be available in the Washington County King City facility. The facility will be open one night a week, staffed by volunteer doctors and nurses. Legacy and Providence are partners. A forum will be held April 25, 7 p.m. at Meridian Park Hospital. Essential Health Clinic information was also distributed. ■ Pat Whiting, 8122 SW Spruce Street, Tigard, OR 97223, announced a forum will be held on March 4, 9 a.m. -12 p.m. at the Deb Fennell Auditorium. She noted state, county, and local officials would be present to discuss issues regarding 99W. Questions from the public, written on cards, will be submitted to the panel of speakers for response. If people are not able to attend, Councilor Harding suggested they write to the Oregon Department of Transportation with their concerns. iAadm\cathy\ccm\cdizen communication follow up\080328.doc AGENDA ITEM # FOR AGENDA OF 2% ,-,-A, 29, 22Ce QTY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Community Attitude Survey Update PREPARED BY: Tom Coffee DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL An update on consultant selection for the Community Attitude Survey and request to schedule a special worksession with the consultant to begin the survey project. STAFF RECOMMENDATION Schedule special worksession on the Community Attitude Survey for April 4, 2006. INFORMATION SUMMARY Five consultants responded to the Cats request for proposals to conduct a community attitude survey. A selection committee consisting of staff and Councilor Sherwood reviewed the proposals and selected Riley Associates as the most qualified firm. Staff is negotiating a professional services contract with the selected firm. The cost of the contract will be between $15,000 and $17,000 depending on the number of questions and length of interviews in the survey. In order to proceed with the survey in a timely manner and to gain Council input on the content of the survey at the outset, staff requests tha the City Council schedule a special worksession for Aprir4, 2006 to meet with the Consultant. OTHER ALTERNATIVES CONSIDERED Schedule the worksession at a later date. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Improve Communications and Relationship with Citizens - Conduct a city-wide scientific survey/report card on City services. ATTAC MENT LIST None FISCAL NOTES The cost of the survey of between $15,000 and $17,000 is budgeted in the Community Development Budget for this fiscal year. AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE : MARCH 28, 2006 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: IA 2 x"MC(?5 Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address i I T SY 50 City 1 ~ d State ovo- Zip Z2 3 Phone No. 5-63 ` b 1 31 - 3 S( Name: G.(~~ lam' `a-- 1® Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address qS City State 6R Zi`pl Phone No. U~ h~ 6 U 1 Name: ~ , Also, please spell name as it sounds, help the presiding officer pronounce: Address City State Zip Z. Phone No. CITIZEN COMMUNICATION M • ~ fr. ~a PROCLAMATION `tom'?': tfi5 M Adapting the Headquarters and Headquarters Company 41 sr Brigade Combat Team WHEREAS, members of the Oregon Army National Guard are being mobilized for active duty in the Global War on Terrorism throughout the world In. numbers not experienced since World War II; and WHEREAS, these Soldiers and their families are experiencing severe disruptions In family life, careers and/or scholastic pursuits in answering the call to arms Issued by their Commander In Chief; and s;. WHEREAS, It Is desirable that these Soldiers know that their efforts In fulfilling their oaths of enlistment are supported by their friends, neighbors and employers on the home front; and WHEREAS, Headquarters and Headquarters Company of the 41" Brigade Combat Team is a Tigard-based Oregon Army National Guard unit that has been mobilized to prepare for deployment t, to Afghanistan; and " WHEREAS, Tigard American Legion Post # 158, the Tigard Chamber of Commerce, and Major Axel Rasmussen (Tualatin) Post #3452 of the Veterans of Foreign Wars of the United States have adopted this unit to assist in providing physical. and morale support for the mobilized Soldiers and their families and wish to expand this support within the City of Tigard and neighboring communities; NOW THEREFORE BE IT RESOLVED THAT 1, Craig Dirksen, Mayor of Tigard, on behalf of the entire City Council, do hereby proclaim: bra M , Adoption of the Headquarters and Headquarters Company ' of the 41 st Brigade Combat Team for the purpose of helping to generate local support from Tigard area businesses and citizens for the = Soldiers and families of this unit. w8'' Dated this +-Y) day of CUUC% 2006. s. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Craig E Dirksen, Mayor !E~►r , City of Tigard At st: City Recorder Lrti°^i ,k$ c .13 w W1EM= IltIpfill 'fit-fuJrt;. 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A#'913yDs33.Otg kf-'p tf',Wfp> inult L till ,et!ritP6!,iln+,a I!'f:f,0 \':•h•,of ftf;rtr. pnd Clelt.2l,iiii3Pt, 4,i'„p. •tt cmi b,. ,ibtai: ;•ubihq Cii32 in,f)"ali€ n tt r, u:. irn;,r ;,l ~.~3i 1 Lc .llt..~:'i~au la a,k: ita, is}a, o•"?r:.a rvr~,in au;;L:•:;! t;m +oau!;% C i:bii!n: n• The American Legion :❑„d 4,p i:!?l -i;l{rry.,i ul d :l3,la"•.i iinKh, , L:I„iS .{ill; i t ihi' ku-.u. : ;wl ~r .n.. #}t,sI' ii. pit! h, u u!, dr, ti!itq, . .tt,:!bG National Veterans Affairs & Rehabilitation Commission ,!t,.i in:;,•.i>t },i::,;att 1-800-433-3318. Lmli, 1608 K St. NW Washington, D.C. 20006 p VA Mt li(a) acid 63s €it.a! C arti` 1-242-861-2704 L# s _ 1p ,ta=m klt.?. i,,n;, i:.-.at4k p-iti!wto!,l-,Poi www.legion,org ~ .'j Ow r.!t;ut, ! at n'.a: y:• i[, o:l,a ar 92gfon,ort} Alf,,, jri! w r- pr=.. it#:ai ui. •,e }xu • ty p;r, a+ ,'lti. : (n:d, i::. 1,¢ #lt:"'"iIIi'n.t. tt•iix N e t:'d a i ilIj%i,, ~s: Id ;b. viii , et.:!?„,if 1, i• ,1 .,,1••..;t .t:i# www.va.govfel"tgl .a.ii, 1877-222-8387 1; J.'•ilat r.ala„ka.,,, h. .P. ,ii:i=r buu,,.- ..U, ii r, 1•;,¢n n v The Honorable Craig Dirksen Mayor, City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Resolution of support for local Oregon National Guard Troops Dear Mayor Dirksen and Members of the City Council: As members and officers of the Tigard Chamber of Commerce, we earnestly request that you join us and members of Tigard American Legion Post #158 and Tualatin Veterans of Foreign Wars Post #3452 in adopting the enclosed Resolution of Support and Adoption of a local unit of the Oregon Army National Guard which is in the process of being mobilized and deployed, first to Camp Shelby, Mississippi, and then to Afghanistan. The unit is known as the Headquarters and Headquarters Co. of the 41 st Brigade Combat Team. This unit contains many of your local neighbors who are the sons, daughters, wives or husbands of someone you know from throughout Washington Co. It is located at the National Guard Armory in Tigard and is part of a total of over 950 Oregon citizens who will be involved in the mobilization of the Brigade. We assure you that your favorable action on the proposed Resolution cannot be interpreted as a political statement either in favor of or opposed to America's Operation Enduring Freedom in Afghanistan or of any political party or member thereof. Rather, it is simply a statement of support for and belief in our local citizens who are all volunteers and who are performing in accordance with their oaths of enlistment. Their lives, careers and family stability have been disrupted by this call to duty, as has been the lot of our citizen militia since the birth of our Republic. It is our hope that this statement of support will help ensure that our community remains constantly mindful of the sacrifices of these citizens as they train national troops for the protection of free people of Afghanistan. Oregon citizens are answering this call in greater numbers since World War II and deserve our respect and admiration. We therefore urge you to join us in showing that support for our Soldiers and their families. Res ectfully yours, a- . Pamela A. Brown, President Tigard Chamber of Commerce 12345 SW Main Street. Tigard, OR 97223 t 503.639.1656 f 503.639.6302 info@tigardchamber.org. www.tigardchamber.org PROCLAMATION City of Tigard ADOPTING THE HEADQUARTERS AND HEADQUARTERS COMPANY 41 ST BRIGADE COMBAT TEAM WHEREAS, members of the Oregon Army National Guard are being mobilized for active duty in the Global War on Terrorism throughout the world in numbers not experienced since World War II; and, WHEREAS, these Soldiers and their families are experiencing severe disruptions in family life, careers and/or scholastic pursuits in answering the call to arms issued by their Commander in Chief; and, WHEREAS, it is desirable that these Soldiers know that their efforts in fulfilling their oaths of enlistment are supported by their friends, neighbors and employers on the home front; and, WHEREAS, Headquarters and Headquarters Company of the 41St Brigade Combat Team is a Tigard-based Oregon Army National Guard unit that has been mobilized to prepare for deployment to Afghanistan; and, WHEREAS, Tigard American Legion Post #158, the Tigard Chamber of Commerce, and Major Axel Rasmussen (Tualatin) Post #3452 of the Veterans of Foreign Wars of the United States have adopted this unit to assist in providing physical and morale support for the mobilized Soldiers and their families and wish to expand this support within the city of Tigard and neighboring communities; NOW, THEREFORE, I, Craig Dirksen, MAYOR OF TIGARD, PROCLAIM: That the City Council of the City of Tigard does hereby adopt the Headquarters and Headquarters Company of the 41 st Brigade Combat Team for the purpose of helping to generate local support from its businesses and citizens for the citizen Soldiers and families of this unit. SEAL SIGNATURE Date AGENDA ITEM # 3 3 FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Appointing Members to the Building Appeals Board GG PREPARED BY: Gary Lampella DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should City Council approve a Resolution appointing six new members to the Building Appeals Board? STAFF RECOMMENDATION Staff recommends Council approve the Resolution appointing the members to the Building Appeals Board INFORMATION SUMMARY On December 13, 2005, Council approved an Ordinance amending the Tigard Municipal Code Section 2.09.020 to stagger the terms of the seven members for the Building Appeals Board. At present, all of the members' terms expire on the same day - April 1, 2006. This could result in the possibility of a complete new board every four years. With approval of this Resolution to appoint six new members, four members will have four-year terms and two members will have two-year terms. On March 6, 2006, applicants were interviewed and six were selected to serve on the seven-member board. There was no candidate that met the requirements for the general contractor position. Further recruitment for this position will be necessary. Therefore, staff is asking City Council to appoint the six applicants identified in the Resolution. OTHER ALTERNATIVES CONSIDERED Do not appoint the members to this board and disband the Building Board of Appeals. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Community Character & Quality of Life, Volunteerism Goal #1: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Attachment 1: Proposed Resolution FISCAL NOTES There is no budgetary impact for the Building Appeals Board. AGENDA ITEM # 3 '1 FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Library Policies PREPARED BY: Margaret Barnes DEPT HEAD OK, CITY MGR OK C 2 ISSUE BEFORE THE COUNCIL Tigard City Council consideration of policies for the Tigard Library as recommended by the Tigard Library Board. STAFF RECOMMENDATION Approve the attached policies as recommended by the Tigard Library Board and as stated 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. Over the past few months and including the meeting of March 9, 2006 the Library Board met to review various policies and unanimously approved the policies listed below. The City Attorney has reviewed these documents and has no concerns or issues. The Library Board is forwarding the following policies to Council for their approval: Fee-Based Services Policy - describes fees to cover costs associated with providing alternative, enhanced or specific services to users. Library Card Policy - describes process and requirements to obtain a library card for adults and youth. Outlines card user responsibilities. Proctoring Examination Policy - announces that library will offer written examination proctoring services to the public. Room Use Policy - outlines rooms available for public use and rules for use. Study Room Use Policy - is specific to Study Rooms. Outlines rules for use, reservation procedures and City and user liability. If adopted, the policies will be incorporated into the Library's policy manual. OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None. ATTACHMENT LIST 1. Fee-Based Services Policy 2. Library Card Policy 3. Proctoring Examination Policy 4. Room Use Policy 5. Study Room Use Policy FISCAL NOTES None. Tigard Public Library Adopted by the Tigard Library Board January 12, 2006 FEE-BASED SERVICES POLICY HISTORY Drafted 10/5/2005 POLICY The Tigard Library charges fees to cover costs associated with providing alternative, enhanced, or specific services which benefit one user at the exclusion of others. BACKGROUND Free access to information found in a variety of formats is essential to the library's mission, but there are limits to what the public-funded library can provide free of charge. Services that benefit one user at the exclusion of others, or which prevent the reuse of the information or material provided, are examples of services subject to fees. REGULATIONS Fee-based services, include, but are not limited to provision of computer storage media (discs), photocopies, and printing. Cost recovery fees are based on any or all of the following: average staff time associated with the service, cost of materials consumed, and equipment maintenance and other overhead costs. FEE BASED SERVICES POLICY Page 1 of 1 Tigard Public Library Adopted by the Tigard Library Board February 16, 2006 LIBRARY CARD POLICY POLICY Library cards are available free of charge to all citizens of Washington, Multnomah, Clackamas, Hood River, Clark, Klickitat and Skamania Counties who can provide proof of current residency. Applicant must be present to receive a card. All patrons registering for a Washington County Library card must show acceptable, current printed verification of name and street address of residence. If a single piece of identification does not meet the criteria, a second piece of identification may be used to furnish the needed information. Acceptable I.D. for adults 18 or over will be: Preferred: • Driver's License, State I.D. Card or picture I.D. with current address. If the current address is not on the preferred identification, the following additional identification is accepted as proof of address: • Dated utility bill or rent receipt • Canceled envelope addressed to applicant with a current postmark • Voter's registration card • Automobile registration Acceptable I.D. for youths under 18 will be: • Any of the above in the name of the youth or the name of his/her parent/legal guardian. This does not include babysitters, nannies, day- care providers or grandparents. • Current local Student Body Card with picture. • A completed card application that includes parent/legal guardian information and is verified by youth's teacher if card is obtained during school visit. Parent(s) or guardian(s) of all youths under age 18 will receive a letter outlining guidelines for library use. There is a charge for replacement cards. (Same identification requirements apply). Those individuals not eligible for a free library card may obtain a card for yearly nonresident fee. Library Card Policy Page 1 of 2 Tigard Public Library Adopted by the Tigard Library Board February 16, 2006 Borrower's responsibility Patrons enter into an agreement with the Library when they obtain their library card. The library card states that "I accept full responsibility for the use of this card. I will give immediate notice of loss of card or change of address." The signature of the cardholder signifies acceptance of this responsibility. The Library requires patrons to present their cards, appropriate identification, or library card number with verification of address or phone number before checking out materials. Unless reported as lost or stolen, it is implied that a person possessing a library card has permission from the owner for use. Cardholders are responsible for notifying the Library when their card is lost or stolen. Patrons are responsible for all charges until their card is reported lost, including items checked out on the card prior to reporting it lost. To avoid referral of the account to collections and to be considered for a waiver of fees, cardholders must immediately file a police report of theft and unauthorized use. They must then submit a copy of this report to a Library Circulation Supervisor to avoid referral of the account for collection. Patrons who have lost their card may be issued a new one. Printed verification of name and address of residence is required. Picture identification is the preferred verification. Retrieval of lost items is the library's priority. Replacement charges will be removed for lost items returned in good condition within a reasonable amount of time. Overdue charges will remain. Library Cards for Children All individuals, including children, must be present to be issued a library card. All cardholders, including children, are entitled to record privacy. It is recognized that parents or guardians have fiscal responsibility for children under the age of 18. The parent or guardian's name is required information on a child's library card, as well as the birthdate of the child. The parent or guardian is issued a letter with an explanation of library policies - including the need for the parent to have the child's card or card number in order to access information on the child's library record. ° Adopted by the Tigard Library Board February 16, 2006. Library Card Policy Page 2 of 2 Tigard Public Library Adopted by the Tigard Library Board January 12, 2006 PROCTORING EXAMINATION POLICY POLICY With the increasing number of students participating in distance learning, the demand for proctoring services is rising. The Tigard Public Library is pleased to offer proctoring services for written examinations to members of the public as outlined by the procedures. PROCTORING EXAMINATION POLICY Page 1 of 1 Tigard Public Library Adopted by the Tigard Library Board February 16, 2006 STUDY ROOM USE POLICY 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. • Identification such as a Student I.D. card, Library Card or valid Oregon Driver's License or Oregon State I.D. card is required for reservation of a Study Room. The card will be held during the use of the Room. • Maximum reservation time for groups or individuals is two hours a day unless no one is waiting or other reservations have not been made. Additional reserved time for a room may be negotiated with the Reference Desk staff. Decisions regarding additional time will be based on free and Study Room Use Policy Page 1 of 2 Tigard Public Library Adopted by the Tigard Library Board February 16, 2006 open access for everyone so that no person/group monopolizes a room to the disadvantage of others. This is to ensure that if a library visitor sees that all of the rooms are occupied, they can be assured the use of a room within a reasonable amount of time. • 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. • In order for users to retrieve their identification, they will be asked to sign- out at the Reference Desk when they have finished using a Study Room. 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 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 February 16, 2006. Study Room Use Policy Page 2 of 2 Tigard Public Library Adopted by the Tigard Library Board March 9, 2006 41 TIGARD PUBLIC LIBRARY 13500 SW Hall Blvd Tigard, Oregon 97223 Room Use in the Library History POLICY The Tigard Public Library provides meeting and study room space so that the resources of the Library and the activities of our community may be brought together. The public meeting rooms are provided for the benefit of all and may be used by organizations and individuals, as the space is available. The Library, other City business, and governmental agencies have priority room use. The Library also has several rooms that are for Library and City of Tigard Department use only. RULES 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. Room users are prohibited from posting or distributing materials in the Library building except with permission of Library staff. See the Postings and Distribution of Materials Policy and Procedures for detailed policies and procedures. Policies and procedures for charges, reservations and use vary by room and are briefly described below. For more information see specific room policies. Rooms available to the public: Community Room: The Community Room has a capacity of 160 and is available for rental Monday-Sunday from 8:00 am-10:00 pm. Reservations are available through the City of Tigard's Room Reservation Coordinator. See Community and Conference Room Use in the Tigard Public Library for more information. Conference Room: The Conference Room has a capacity of 25 and is available for rental during regular Library business hours. Reservations are made through the City of Tigard's Room Reservation Coordinator. See Community and Conference Room Use in the Tigard Public Library for more information. ROOM USE IN THE LIBRARY Page 1 of 2 TIGARD PUBLIC LIBRARY ROOM USE IN THE LIBRARY Adopted by the Tigard Library Board March 9, 2006 Study Rooms: The Library has three small study rooms available for individuals or groups of up to six. Rooms are available free of charge. Reservations are required and are made through the Library. See Study Room Policy for more information. Restricted Use Rooms: Grace Tigard Houghton Reading Room: In addition to its primary use as a reading room, the Houghton Room may be used for Library, Library-sponsored, and other City Department programs and meetings only. Mary M. Puett Room: The Puett Room is used primarily for Youth Services programs and occasionally for Library and other City Department programs or meetings. At the discretion of the Youth Services Supervisor, this room may be used by other groups in partnership with the Library. Technology Room: The Technology Room is used for Library programs and Library and City Department training only. ROOM USE IN THE LIBRARY Page 2 of 2 AGENDA ITEM # 3.5 FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Submission of a Grant Application to Obtain Matching Funds to Construct the Jim Griffith Memorial Skate Park 1(0d~ff C~ PREPARED BY: Dan Plaza DEPT HEAD OK CITY MGR OK -Jd~Z ISSUE BEFORE THE COUNCIL Consider a resolution authorizing the submission of a grant application. STAFF RECOMMENDATION Adopt the resolution. INFORMATION SUMMARY This:is the second time the City of Tigard has submitted an Oregon Parks and Recreation Department (OPRD) State of Oregon Lottery Local Government Grant application for construction of the Jim Griffith Memorial Skate Park. Previous 2005 Grant Application In November 2004, the Council approved the submittal of a State of Oregon Lottery Local Government Grant application, requesting funds to construct the Jim Griffith Memorial Skate Park. In this funding request, the City pledged $150,000, applied for $150,000 in matching state grant money, and proposed the Skate Park Task Force raise the remaining $105,000. Based on communication with the state's grant review committee, staff has concluded Tigard was not awarded the grant because a portion of the project's funding, namely the $105,000 in donations, had not been secured. The total estimated project cost was $405,000. Current 2006 Grant Application The Council is being asked to once again authorize the City Manager to apply for a State of Oregon Lottery Local Government Grant to provide matching funds for skate park construction. In this application, the City does not factor in any donations beyond the $50,000 the task force has already raised. The updated cost estimate for the skate park project is $426,300. This year's grant awards will be announced by July 1, 2006. If construction of the skate park begins in 2006, the project could be completed as early as spring 2007. OTHER ALTERNATIVES CONSIDERED The Council could choose not to authorize staff to apply for the grant. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Tigard Beyond Tomorrow, Urban and Public Services • Parks & Greenways Goal #2 - "Open space and greenway areas shall be preserved and protected." Strategy #1 - "Acquire and develop park land." • Recreation Goal #1 - "Partnerships will provide a wide range of leisure and recreation opportunities that are coordinated and available for the Tigard community." Strategy #1 - "Develop partnerships with current providers to provide opportunities for recreation." ATTACHMENT LIST Resolution FISCAL NOTES The task force has raised approximately $50,000 in donations to date. Staff will propose FY `06/07 funding of the skate park without the grant as follows: Without Grant Park SDCs $335,502 General Fund $ 40,798 Donations $ 50,000 Grant 0 Total $426,300 Should the City receive the grant, staff will prepare a budget amendment to lower park SDC funding and eliminate general fund monies from the project. Funding with the grant would be amended as follows: With Grant Park SDCs $226,300 General Fund 0 Donations $ 50,000 Grant $150,000 Total $426,300 ~soLee.tt~ ~ cep as CITY OF TIGARD, OREGON -e-U1~P ~e TIGARD CITY COUNCIL S O~ /3> RESOLUTION NO. 06- A RESOLUTION AUTHORIZING THE SUBMISSION OF A STATE OF OREGON LOTTERY LOCAL GOVERNMENT GRANT PROGRAM APPLICATION TO THE OREGON PARK AND RECREATION DEPARTMENT (OPRD) TO REQUEST MATCHING FUNDS FOR THE CONSTRUCTION OF THE JIM GRIFFITH MEMORIAL SKATE PARK WHEREAS, the OPRD has fund4 available through the State of Oregon Lottery Local Government Grant Program for projects such as the con ction of the Jim Griffith Memorial Skate Park; and WHEREAS, the City of Tigard desires to articipate in this State Lottery Program in order to obtain $150,000 in st'u matching funds for the skate park construct%n; nd WHEREAS, with $150,000 in grant fundine City of Tigard's share of the project's cost is estimated to be $226,300; and oviding opportunities for young people to be WHEREAS, Tigard supports its youth and believ \vi engaged in constructive activities; and WHEREAS, the Jim Griffith Memorial Skate Park wode such an opportunity for Tigard youth; and WHEREAS, the skate park project is identified in the adopted Tdgard Park System Master Plan. NOW, THEREFORE, BE IT RESOLVED by the Tigard city Council that: SECTION 1. The Tigard City Council authorizes the City Manger to submit a State of Oregon Lottery Local Government Grant application in order to obtain matching funds to construct the Jim Griffith Memorial Skate Park. SECTION 2. Tl' s resolution is effective immediately upon passage. PASSED: This day of 2006. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 06 - Page 1 V" 6 (2 A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 06- A RESOLUTION AUTHORIZING THE SUBMITTAL TO THE OREGON PARK AND RECREATION DEPARTMENT (OPRD) AN APPLICATION FOR STATE FUNDS AVAILABLE THROUGH THE STATE OF OREGON'S LOTTERY LOCAL GOVERNMENT GRANT PROGRAM AS A MEANS FOR PROVIDING MATCHING FUNDS TO CONSTRUCT THE JIM GRIFFITH MEMORIAL. SKATE PARK. WHEREAS, the OPRD has funding available through the State of Oregon Lottery Local Government Grant Program for projects such as the construction of the Jim Griffith Memorial Skate Park; and WHEREAS, the City of Tigard desires to participate in this State Lottery Program as a means of partially financing the construction of the skate park; and WHEREAS, the improvement specified above would provide a needed facility where the youth of Tigard can recreate; and WHEREAS, the City Council selected the City Hall parking lot area as the preferred City-owned site valued at $195,000, and WHEREAS, the proposed skate park project is identified in the adopted Tigard Park System Master Plan; and WHEREAS, the City hereby certifies that the matching share for this application will be readily available in FY 2006-2007 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Manager is authorized to apply for State of Oregon Lottery Local Government Grant funding assistance for the construction of the Jim Griffith Memorial Skate Park. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2006. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 06 - Page 1 tr AGENDA ITEM # -3 • D FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appoint Carol Krager as Deputy City Recorder PREPARED BY: Catherine Wheatley DEPT HEAD OK :AUj CITY MGR OK i ^ G ISSUE BEFORE THE COUNCIL Should Carol Krager be appointed Deputy City Recorder? STAFF RECOMMENDATION Approve the attached Resolution appointing Carol Krager ad Deputy City Recorder. INFORMATION SUMMARY In order to assure continuity of the job functions and services provided by the office of City Recorder, Deputy Recorders are appointed to serve in the absence or unavailability of the City Recorder. Carol Krager was hired by the Finance Department to fill the position vacated by Greer Gaston (half-time City Recorder support, half-time Records/Court support). Ms. Krager will attend Council meetings periodically to fill in when Ms. Wheatley is absent. In addition, Ms. Krager assists with Council packet preparation, meeting follow-up, and local election support. OTHER ALTERNATIVES CONSIDERED N/A COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT 2006 Council Goal: Improve Communication and Relationship with Citizens Tigard Beyond Tomorrow: Communication #1: The City will maximize accessibility to information in a variety of formats, providing opportunities for input on community issues and effective two-way communication. Designating a Deputy City Recorder better serves the community by providing another resource ensuring continuity of service relating to Council meetings and City elections. ATTACHMENT LIST N/A FISCAL NOTES This position is budgeted full-time and supports the City Recorder and Records functions. Duties include taking meeting minutes, preparing council packets and agendas and city elections support. Ms. Krager also provides backup for the Senior Records Clerk and assists in Court as bailiff. AGENDA ITEM # 3.~ FOR AGENDA OF March 28.2006 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of the FY 2005-06 PMMP (Pavement Major Maintenance Program) - Phase 2 es PREPARED BY: G. Berry DEPT HEAD OK G~ CITY MGR OK FWMI C ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board approve the contract award for construction of the FY 2005-06 PMMP (Pavement Major Maintenance Program) - Phase 2? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, approve the contract award to Morse Bros, Inc. in the amount of $289,848.60 and authorize a ten percent contingency amount of $28,984.86 for a total project authorization of $318,833.46. INFORMATION SUMMARY The PMMP is a yearly program of corrective and preventative maintenance on all streets in Tigard. The program helps to extend the life of the pavement structure, delay the need for more extensive and costly rehabilitation and improve other desirable characteristics, such as safety and smoothness. The FY 2005-06 PMMP is divided into two phases: Phase 1 completed the paving on fourteen streets at various locations in the City during the summer of 2005; Phase 2 covers paving work on the following streets: Greenburg Road (Tiedeman Avenue to Center Street) 78th Avenue (Pfaffle Street to Highway 99W) This project was advertised for bids on February 21, 2006 in the Daily Journal of Commerce and on February 23, 2006 in The Times. A project addendum was issued to revise the permitted time periods for work. The bid opening was conducted on March 7, 2006 at 2:00 PM and the bid results are: Morse Bros., Inc. Sherwood, OR $289,848.60 Kodiak Benge Construction Tualatin, OR $297,297.00 Brix Paving Co. Tualatin, OR $310,528.73 Eagle-Elsner, Inc. Tigard, OR $321,279.03 KF Jacobson & Co. Portland, OR $330,897.48 Baker Rock Crushing Co. Beaverton, OR $339,681.51 Engineer's Estimate $446,717.00 The lower than expected bids are believed to be due to favorable bidding conditions created by requesting bids early in the year. The bids items, especially for AC (asphaltic concrete) pavement, were expected to be high because of the continuing high prices for oil and gas. However, the bid item prices in the bids submitted were relatively low throughout, which is fortunate but cannot be relied upon to remain low in future bids. As a result of the relatively low bids, sufficient funding is expected to be available to add pavement overlays on SW 136`'' Avenue south of Walnut. Lane, Tigard Drive at 116`' Avenue and 72"d Avenue to the project through a contract amendment. Based on the bids submitted, the lowest responsive bid of $289,848.60 submitted by Morse Brothers, Inc. appears to be reasonable. Staff recommends approval of the contract award for the bid amount plus authorization for a ten percent contingency amount of $28,984.86 to be used as necessary for unforeseen situations that may arise during construction. The total amount authorized for this project is therefore $318,833.46. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None applicable. ATTACHMENT LIST Project location map. FISCAL NOTES In anticipation of high bid prices and to extend the project limits on Greenburg Road, City Council increased FY 2005-06 CIP Street Maintenance Fee Fund funding from $725,000 to 805,500 on February 14, 2006 through Resolution 06-05. The Phase 1 contract was completed for $268,934.52 The remaining amount is sufficient to award the contract of $318,833.46 to Morse Bros. Inc. 1Aeng\2005-2006 ty dpkpmmp-2005\phase Zceuncih3.28-06 pmmp phase 2 ais.doc E PROGRAM _ Yhn" MAINTENANC RLAY VE NG) MENT MA30 NGRETE pVE OTS of PpVL 005_~6 P p SPHALTjc CG pVENVE LIM FY 2 A AD & 7gTH GREENBURG RG ti U TN DAKOTA STREET NOR t!R© pOAD °0 a 9911 pFAME STREET TBTH AVENus 99~ AGENDA ITEM # FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of Highland Drive Storm Drainage Im rovements PREPARED BY: Vannie Nguy~e~ DEPT HEAD OK: AQUStin P. Duenas CITY MGR OK: "C tosser ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the Local Contract Review Board approve the contract award for the construction of Highland Drive Storm Drainage Improvements? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to NW Kodiak Construction in the amount of $ 201,697.58 and authorize an additional amount of $20,169.76 to be reserved for contingencies and applied if needed as the project goes through construction. The total amount committed to the project is therefore $221,867.34. INFORMATION SUMMARY The City of Tigard's television inspection reports identified major segments of the existing storm drain pipes on Highland Drive from 109th Avenue to approximately 1,100 feet east of the Highland/109th intersection that are seriously damaged. The existing 12-inch pipes have been crushed in numerous places and are beginning to fail. This project proposes to either remove or abandon the existing pipes by pumping a mixture of highly flowable lean concrete mix into the pipes to prevent undermining of the pavement. After removing the existing pipes, the contractor is required to install approximately 1,400 lineal feet of new pipes, 10 catch basins and 8 manholes on the street. Existing roof drains will be reconnected to the new pipes to allow for proper drainage from adjacent properties. Construction of the storm drainage improvements will be combined with the pavement overlay proposed for the street in the FY 2005-06 CIP. Construction coordination would be more efficient if both projects are handled simultaneously by the same contractor. The project was advertised for bids on February 28, 2006 in the Daily Journal of Commerce and March 2, 2006 in the Times. A project addendum was issued to revise the quantity of the "Abandon Storm Drain - In Place" pay item. The bid opening was conducted on March 14, 2006 at 2:00 PM and the bid results are: NW Kodiak Construction Lake Oswego, OR $201,697.58 Dunn Construction Gresham, OR $209,927.00 Kerr Contractors Woodburn, OR $230,124.75 Paul Lambson Contracting N. Bonneville, WA $230,123.00 Kodiak Benge Construction Tualatin, OR $251,993.35 Eagle-Elsner„ Inc. Tigard, OR $279,031.70 Engineer's Estimate $192,000 The lowest bid amount of $201,697.58, submitted by NW Kodiak Construction, includes $140,765.46 for the storm drainage improvements and $60,932.12 for the asphaltic concrete overlay. This responsible bid appears to be reasonable. Staff recommends approval of the contract award plus ten percent contingency amount of $20,169.76 to be used as necessary for unforeseen situations that may arise during construction. The total amount authorized for this project is therefore $221,867.34. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve Traffic Flow and Safety". ATTACHMENT LIST Project Location Map FISCAL NOTES This project is funded from the Storm Sewer Fund and the Street Maintenance Fee Fund in the FY 2005-06 CIP. The funding amount of $150,000 in the Storm Sewer Fund is sufficient to finance the storm drainage improvements of $140,765.46 submitted by the lowest bidder. The Street Maintenance Fee Fund has a budget of $805,500 for Pavement Maintenance projects. Approximately $672,000 has been either expended or obligated on projects leaving $133,500 in the fund balance. This remaining amount is adequate to fund the pavement overlay work of $60,932.12. HIGHLAND DRIVE STORM DRAINAGE IMPROVEMENTS & ASPHALTIC CONCRETE OVERLAY SUMMERFIELD DRIVE TO 1100' EAST P0- 0 NAE E S R ET m I H N R ~ 1 H A p p N Q JECT LOCA T/ON R R F SMMERFELp pR E ti PROJECT LOCATION MAP NOT TO SCALE AGENDA ITEM # L4 FOR AGENDA OF 03/28/06 QTY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 2006 US Department of Justice / Edward Byrne Memorial Justice Assistance Grant G G) PREPARED BY: Lt. Rick Rhodes DEPT HEAD OK 4,j)iw CITY MGR OK ISSUE BEFORE THE COUNCIL The issue before the Council is to hold a public hearing where the grant details will be reviewed, and then to allow the public an opportunity to offer comment. STAFF RECOMMENDATION Staff recommends Council hearing take place. INFORMATION SUMMARY The Department of justice has once again announced that the City of Tigard is eligible to receive grant money by way of the 2006 US Department of Justice / Edward Byrne Memorial Justice Assistance Grant GAG). This program allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. The funding distribution is based on population and crime statistics as well as law enforcement expenditure data. This year's grant amount has been determined to be $12,001. The grant requires a public hearing, wherein the details of the grant are to be reviewed. The public is then to have an opportunity to make comment on the grant and its proposed use. These funds cannot be used to supplant any existing funds for program activities and cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. The program the Police Department has developed is currently not funded in the budget. The program we will be funding is called Patrol Car Connectivity Support. This program will allow for the purchase of Cellular AIR cards that will be installed in each of the Police Department's patrol vehicle computers, allowing for constant and uninterrupted data communications. Recently Tigard and Beaverton have been having spotty data transmission coverage as a result of the 800 MHz shortcomings; and Hillsboro, who also was having difficulty, found this solution to correct the problem. The grant funds will also cover the cost of service for the cards for one year. The purchase of these cards also provides an additional benefit that cannot be provided through the 800 MHz system. It allows for applications to be accessed in the patrol vehicle that are web-based, allowing officers to access digital mug photographs, access regional criminal information system, and to securely transmit and receive patrol case reports and other documents. OTHER ALTERNATIVES CONSIDERED If, during the life of this grant, connectivity issues are corrected through Washington County Consolidated Communications Agency (WCCC.A), then a reallocation of funds will be requested through the Department of justice to fund an alternative project. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Public Safety Goal # 1: The community residents, business owners, and service providers understand their roles through effective communication to successfully enhance public safety and emergency services. ATTACHMENT LIST Attachment 1: Grant Application Program Narrative Attachment 2: Grant Budget Description FISCAL NOTES There is no match required for this grant award. U.S. Department of Justice Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) PROGRAM NARRATIVE City of Tigard Police Department Tigard, Oregon Patrol Car Connectivity Support The City of Tigard Police Department seeks funding support for patrol car connectivity to the dispatch center and the Internet. PROJECT BACKGROUND The Tigard Police Department obtains dispatching services from the Washington County Consolidated Communication Agency (WCCCA). In 2005 the Tigard Police Department replaced all the mobile data computers and connectivity equipment in order to become compliant with the new Central Justice Information Services (CJIS) law enforcement data security requirements. By policy, WCCCA identified the recommended communications platform through which the data was to be transferred back and forth between the patrol car and the dispatch center and encouraged all law enforcement agencies in Washington County to use this platform (IP radio modem/router). Six months after the installation our patrol cars are still not receiving data consistently and the patrol officers and supervisors are experiencing frequent difficulty logging on to the system. This problem is endemic throughout the county and has been resolved by one city in Washington County using a cellular solution. CONNECTIVITY ISSUES RESOLVED The PD requests funding support which facilitates the transition to another platform which has proven to solve the connectivity problems. We hope to transition to a cellular based communications platform to receive and transmit law enforcement data between the dispatch center and the patrol cars. This cellular based platform has been approved by WCCCA, and is in use after extensive beta testing by another Washington County law enforcement agency. This platform provides demonstrated consistent connectivity, and much faster data transmission. ADDITIONAL BENEFITS Not insignificantly, this platform offers many other benefits the currently platform does not. Using cellular based connectivity the officers would have tools which are now only available to them in the patrol station. The cellular based platform would allow patrol officers and supervisors to: 1. obtain mug shots Page 1 of 2 2. access the regional criminal information system 3. securely transmit and receive patrol case reports and other documents SUPPORT OF THE CITY OF TIGARD PD INFORMATION TECHNOLOGY GOAL All of these functions support our information technology goal to provide our officers with tools so that they can conduct the majority of their work from the field, thereby improving visibility, response times, and our general level of service to the community. Our agency operates at minimum staffing frequently and is seeing increased response times, approaching over 4 minutes for priority 1 calls; we contend the more often officers remain in the field, the better response times will be. In summary, the transition to this separate platform will eliminate the difficulties we are having receiving and transmitting calls for service (and even logging in to the system) and provide tools which allow the officers to remain in the field, enhancing our service to the community. Page 2 of 2 U.S. Department of Justice Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) BUDGET DESCRIPTION FOR 16 PATROL CARS City of Tigard Police Department Tigard, Oregon Item Qty Cost Extended Cost Celluar AIR cards 16 $10 $160 Monthly Communications Fee for 12 months 16 $720 $11,520 TOTAL: $11,680 AGENDA ITEM No. 4 Date: March 28, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING - 2006 U.S. Department of Justice/Edward Byrne Memorial Justice Assistance Grant (JAG) Application This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\Cathy \CCS sign up\Agenda Item 4 -060328 AGENDA ITEM NO.4 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. I:\ADM\Cathy \CCS sign up\Agenda Item 4 -060328 0 AGENDA ITEM # J FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Further Consideration and Deliberation of a Resolution Adopting Additional Findings and Imposing an Additional Condition for the LUBA Remand of Ash Creek Estates Subdivision (SUB2003- 00010 /ZON2003-00003 /PDR2003-00004/SLR2003-00005 /VAR2003-000036/VAR2003-00037) PREPARED BY: Dick Bewersdorff DEPT HEAD OK V CITY MGR OK ISSUE BEFORE THE COUNCIL This is a Resolution that responds to the City Council direction to the City Attorney to provide a resolution and additional findings for the public hearing held February 28, 2006 regarding the Ash Creek Estates Subdivision. STAFF RECOMMENDATION It is recommended that the City Council approve the attached Resolution and additional findings and condition of approval supplementing Resolution 06-09 approving the Ash Creek Estates Subdivision. INFORMATION SUMMARY At its February 28, 2006 meeting, the City Council approved a Resolution (06-09) approving the Ash Creek Estates Subdivision. At that meeting, the Council requested the City Attorney's Office prepare a supplemental resolution and findings. The findings respond to both written and oral comments made at the public hearing. The additional condition states that: Applicant shall not remove or damage and shall protect the 23 trees specified in footnote 16 of the LUBA decision in accord with Conditions 55 through 58. OTHER ALTERNATIVES CONSIDERED Revise the findings. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Growth and Growth Management - Goal#1, Accommodate Growth while protecting the character and livability of the new and established areas. ATTACHMENT LIST Attachment 1: Proposed Resolution Adopting Findings and an Additional Condition, including Exhibit A. FISCAL NOTES N/A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 06- A RESOLUTION AND FINAL ORDER SUPPLEMENTING RESOLUTION 06-09 APPROVING THE ASH CREEK ESTATES SUBDIVISION (SUBDIVISION (SUB) 2003- 00010/PLANNED DEVELOPMENT REVIEW (PDR) 2003-00004/ZONE CHANGE (ZON) 2003-00003/SENSITIVE LANDS REVIEW (SLR) 2003-00005/ADJUSTMENT (VAR) 2003- 00036/ADJUSTMENT (VAR) 2003-00037) - ON REMAND FROM LUBA; AND ADOPTING ADDITIONAL FINDINGS AND IMPOSING AN ADDITIONAL CONDITION. WHEREAS, the City Councii.adopted Resolution 06-09 at its February 28, 2006 meeting relating to the Ash Creek Subdivision land use but continued the hearing to adopt additional findings; WHEREAS, Resolution 06-09 accurately sets forth the procedural history of this matter; WHEREAS, the'Council has considered the proposed additional findings and condition proposed by staff; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution 06-09 and all findings and conditions included or incorporated into Resolution 06-09 remain., in effect. This Resolution supplements, but does not otherwise amend Resolution 06-09. Resolution 06-09 and this resolution constitute the final decision of the City. SECTION 2: The Council adopts the findings in the document entitled "ADDITIONAL FINDINGS AND CONDITION (MARCH 2006) ASH CREEK ESTATES SUBDIVISION SUB2003-00010/ZON2003-00003/PDR2003-00004/SLR2003-00005/VAR2003-00036-0037" attached hereto as Exhibit A, as additional findings, and imposes the additional condition of approval included in that document. SECTION 3: This resolution is effective when notice of the decision is mailed. PASSED: This day of 2006. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 06 - Page 1 ADDITIONAL FINDINGS AND CONDITION (MARCH 2006) ASH CREEK ESTATES SUBDIVISION SUB2003-00010/ZON2003-00003/PDR2003-00004/SLR2003-00005/VAR2003-00036, -00037 1. The Tigard City Council heard testimony on this matter at its February 29, 2006 meeting and closed the hearing. The Council adopted Resolution 06-09 approving the application with the findings and conditions recommended by staff, but also decided to continue the matter to March 28, 2006, for the adoption of additional findings and conditions. 2. This matter is on remand a second time from the Land Use Board of Appeals. The issue on this remand is limited to whether CDC 18.350.100B.3.a.I is met as to 23 trees specified in the LUBA decision. FINDINGS IN RESPONSE TO COMMENTS 2. The City received written comments from Bob Storer and oral and written comments from John Frewing. Response to Comments from Bob Storer 3. Mr. Storer stated that he was not convinced that the developer or the contractors will comply with all of the conditions of approval and questions City monitoring of the proposed project. This comment is not relevant to the issue on remand. There is always a risk of non-compliance with conditions of approval, but the City does monitor development and has the authority to stop work if conditions are not complied with. The risk of non-compliance is not a basis for denial. 4. Mr. Storer argued that the standard is not being met because trees other than the 23 trees are being removed. This argument is outside the scope of the issue before the council. Furthermore, LUBA has already affirmed the City's decision that the removal of other trees is consistent with the standard. This issue has already been decided and is no longer subject to challenge. In LUBA Case No. 2005-042, LUBA considered the tree plan that the applicant submitted to the City on the first remand. That plan illustrated the trees that would be preserved and the trees that would be removed. LUBA concluded that except for the 23 trees specifically identified, the tree plan complies with the City's requirement. LUBA's decision was affirmed by the Court of Appeals. Any argument concerning any trees other than the 23 trees identified by LUBA is outside the scope of the remand. 5. Mr. Storer argues that just because the development meets all standards does not mean that the application should be approved. In a quasi-judicial proceeding, however, the City is required to approve applications that meet all applicable criteria and may not deny an application for reasons unrelated to applicable criteria. ORS 197.522. 6. Mr. Storer argues that the development should not be approved until all local, state and federal permits and other associated approvals have been obtained. Mr. Storer cites to no authority for this proposition, and the argument is outside the scope of the remand. While the applicant must obtain all required permits, obtaining the permits does not need ADDITIONAL FINDINGS AND CONDITION (MARCH 2006) Page 1 of 3 to occur prior to land use approval; it is sufficient that the approvals be obtained prior to the work. 7. Mr. Storer asks the Council to adopt more stringent standards. While the Council may adopt more stringent standards in the future, it must consider this application under the standards in effect at the time the application was filed. Adoption of more stringent standards is irrelevant to this application and decision. Comments of John Frewing 8. Mr. Frewing comments that although the map associated with the tree plan shows that the 23 trees will be protected, some of the text of the plan indicates they will be removed. The Council finds that the map controls over the text and that the 23 trees at issue will be protected. To ensure protection, the Council is adopting an additional condition of approval specifically requiring the protection of those 23 trees. Compliance with the condition is feasible - the applicant has indicated that those trees and will be protected during construction. 9. Mr. Frewing has argued that some of the 23 trees have not been identified by species. Mr. Frewing made a similar argument to LUBA in the last remand and did not prevail. LUBA's decision was affirmed by the Court of Appeals. This issue has been decided against Mr. Frewing and he cannot raise it again. This argument is outside the scope of the remand. It is clear from the tree plan which trees are to be protected, and that is sufficient to satisfy the CDC 18.350.100B.3.a.I standard. 10. Mr. Frewing argues that tree protection standards should be modified to be consistent with standards that have evolved and improved since the tree protection plan was originally prepared. This argument is outside the scope of the remand. Furthermore, the application is to be judged by the standards in effect at the time the application was first submitted. ORS 227.178(3)(a). Also, Mr. Frewing did not identify what changes in tree protection standards have occurred and did not provide any information that any changes in tree protection standards have become applicable standards or criteria in a land use application. 11. Mr. Frewing asked the City to require the applicant to confirm the purpose of fencing shown on the 9/22/05 drawing. This is outside the scope of the remand and not required by any applicable standard. 12. Mr. Frewing makes various arguments relating to trees other than the 23 trees designated for protection. These arguments are outside the scope of the remand. Whether any additional trees should be protected or whether protection for other trees shown to be protected is outside the scope of the remand. 13. Mr. Frewing argues that the City should expand the remand beyond the narrow issue remanded by LUBA. While the City has the authority to expand the scope of the remand, it is solely within the City's discretion whether to expand the scope beyond the issue remanded by LUBA. The City Council chose to limit the remand to the issue remanded ADDITIONAL FINDINGS AND CONDITION (MARCH 2006) Page 2 of 3 by LUBA and that decision was within the scope of the City's discretion. LUBA explained the scope of the remand as follows: "On remand the city must explain why it is not possible to preserve the trees identified in n 16, or require that the tree plan be amended to preserve those trees." That is the only issue on remand, and the applicant has amended the tree plan to preserve those trees. 14. Mr. Frewing raised questions as to when the final decision needs to be made on remand. The applicant has agreed to an extension of time to make the decision, so this issue is moot. 15. Mr. Frewing also argued that ex parte contacts had occurred and that one or more council members was biased. First, Mr. Frewing argued that there had been ex parte contact between one or more council members and the developer relating to the donation of property from the developer to the City for park purposes. All Council members stated that they had not had any contacts with the applicant/developer and the City Manager stated that all contacts had been at the staff level. Representatives of the applicant also testified that there had been no ex parte contacts between the applicant or anyone associated with the applicant and any council member regarding the property. The Council finds that there were no ex parte contacts as alleged by Mr. Frewing. Mr. Frewing based his allegations of ex parte contacts on an newspaper article in The Oregonian by Rick Bella. Mayor Dirksen stated that he had a discussion with Mr. Bella, but that Mr. Bella did not accurately report the Mayor's statements. There is no credible evidence of undisclosed ex parte contacts. 16. Mr. Frewing claims that the Council is biased because it is attempting to obtain open space for the City from the applicant. The City Manager stated that there have been discussions between staff and the applicant on this issue, but that no Council member was involved or informed of the discussions. All Council members stated that potential land acquisition by the City would play no role in their evaluation of the case and that they could judge the land use matter before them based on the facts and criteria. All members denied any bias. The Council finds that all Council members based their decisions on the facts presented in the land use process and applying the applicable criteria and standards, without other considerations. Given the narrow scope of remand and the revised tree plan showing protection of all 23 trees that were the subject of the remand, the only possible decision was approval. ADDITIONAL CONDITION Applicant shall not remove or damage and shall preserve the 23 trees specified in footnote 16 of the LUBA decision in accord with Conditions 55 through 58. G:\mun i\tigard\ashcrkaddlfi ndingscond ition030306.doc ADDITIONAL FINDINGS AND CONDITION (MARCH 2006) Page 3 of 3 AGENDA ITEM # LD FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 36 (SW 93 d Avenue) PREPARED BY: G. Berry DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval, by motion, of the attached resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to twenty eight lots along SW 93rd Avenue, Elrose Court and Mountain View Lane south of McDonald Street. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee, currently $2,635, before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. On December 14, 2005, staff met with owners to review project procedure, construction schedule and estimated costs. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Not applicable. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map (4 pages) Attachment 2- Vicinity Map Attachment 3- Communication Plan Attachment 4- Notice to Owners Attachment 5- Mailing List Attachment 6- Resolution No. 01-46 Attachment 7- Resolution No. 03-55 FISCAL NOTES The estimated cost of the project is $566,305. This amount includes the estimated cost of construction plus an amount for the administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. is\eng\2005-2006 f cip\93td e v mimb diet 36\city coved fo-6on\3-28-06 aim diet 36 is.dm Attachment 2 93RD AVENUE & MOUNTAIN VIEW LANE FY 2005-06 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 36 A PORTION OF THE SW 1 /4 SECTION 2 T2S R1 W W.M. MCDONALD ST W Q ELROSE CT N ~ rn N M ±rAillICIAl LN MTN VIEW LN W M N t -:E YEW Q GREENSWARD LN Z TERRA ~-,E rn VICINITY MAP Communications Plan Attachment 3 SW 93,d Avenue Sanitary Sewer Extension Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 36. Timeline: FY 2005-06 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 11/30/05 Neighborhood Meeting Mail Meeting Notice to property owners Administrative Notice Specialists Meet with property owners to explain procedure Engr. Manager 12/14/05 Neighborhood Meeting and to review estimated costs and construction Project Engr. schedule. Mail Notice of formation of Reimbursement Administrative 3/13/06 Hearing Notice District to Property Owners Specialists 3/28/06 Formation Hearing City Council reviews and forms proposed Project Engr. Sanitary Sewer District Mail Notice of Decision to property owners Administrative 3/29/06 Notice of Decision within District Specialists 4/4/06 Advertisement Submit advertisement for bids to DJC and TT Administrative Specialists Engr. Manager 4/18/06 Bid Opening Opening of Bids at public bid opening. Administrative Specialist 5/9/06 Award Bid Send Notice of Award and contract documents Administrative to lowest bidder Specialists Meet with contractor to review project Construction 5/22/06 Pre-Construction Meeting requirements Inspector Administrative 5/22/06 Notice to Proceed Authorize contractor to begin work. Specialists Plan needs to be approved by construction Construction 5/24/06 Traffic Control Plan Inspector inspector and project manager En . Manager Throughout Lateral Locations Confirm location of laterals with property Construction construction owners Inspector Throughout Hang Construction Notice on doorknobs of Construction construction Construction Notice property owners impacted by project Inspector Contractor Throughout Construction Inspection Inspector is available to receive and respond to Construction construction complaints Inspector Notice to property owners Mail hearing notice, resolution, property owner Project Engr. 8/28/06 Administrative of final hearing cost to each property owner. Specialists Project Engr.. 9/12/06 Final hearing Council approves final costs to owners Mail approved resolution with final costs to each Engr. Manager 9/13/06 Notice of sewer availability property owner Administrative Specialists Prepared by: G.Berry Approved by: Q is\eng\20054006 fy cip\93sd - ss (j, 36\ciry council fo=,6on\3.2" aim din 36 communi-6- plmAm Attachment 4 March 13, 2006 CITY OF TIGAR® OREGON NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, March 28, 2006 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 36. (SW 93rd Avenue) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW 93rd Avenue. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503 718-2468 or at www.tigard-or.gov. .Aeng\2005-2006 fy cip\93sd ave ss mimb dise 36\city -ca fomss6an\3-14-06 in disc 36 notice Ldoc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Proposed Sanitary Sewer Reimbursement District No. 36 (SW 93rd Avenue At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service as described during the December 14, 2005 neighborhood meeting. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is summarized in the attached tables. The amount each property owner will be required to pay will 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 No. 01-46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution No. 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. The owner would also be required to pay a connection fee, currently $2,635, at the time of connection to the sewer. 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. 93RD AVENUE & MOUNTAIN VIEW LANE' FY 2005-06 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT N.O. 36 A PORTION OF THE SW 1/4 SECTION 2' T2S R1W W.M. MCDONALD Sr SL N a M7N VIEW LN MTN LRATJ £W LN M lEW Q GREENSWARD LN E Ep VICINITY MAP Attachment 5 ANDRADE JORGE SR BEARD JOHN D & LYNN C CO-TRS 9225 SW ELROSE CT 9230 SW ELROSE CT TIGARD, OR 97224 TIGARD, OR 97224 CAUFIELD LARRY L & JUDITH M CRAVEN RICHARD EARL 9145 SW MOUNTAIN VIEW LN 18867 S FOREST GROVE LOOP TIGARD, OR 97224 OREGON CITY, OR 97045 FINCK WILLIAM R & MARILYN GERSPACH DIANE JEANNINE 9235 SW MOUNTAIN VIEW LN 14200 SW 93RD TIGARD, OR 97223 TIGARD, OR 97224 GOODHOUSE JOHN JAY GRIFFIN CHARLES R AND BARBARA K 9345 SW MOUNTAIN VIEW LN 14175 SW 93RD AVE TIGARD, OR 97224 TIGARD, OR 97224 HERN MICHIKO JOHNSON HELEN M 9340 SW MOUNTAIN VIEW LN 9190 SW MOUNTAIN VIEW LN TIGARD, OR 97224 TIGARD, OR 97224 KLUEMPKE RICHARD G AND LINDSAY ROY L & CHARMAINE C TR 9380 SW MOUNTAIN VIEW LN 9185 SW MOUNTAIN VIEW LN TIGARD, OR 97223 TIGARD, OR 97224 MADISON JEFFREY ALLAN MELLAND ORVILLE E AND LOIS M 9033 SW MOUNTAIN VIEW LN 9120 SW MOUNTAIN VIEW LN TIGARD, OR 97224 TIGARD, OR 97224 OGBURN HELENE N OSHIMA DANIEL K 14080 SW 93RD AVE 9150 SW MOUNTAIN VIEW LN TIGARD, OR 97224 TIGARD, OR 97224 PETRIN JEROME ALEX RICHARDS JONELLE M 9105 SW MTN VIEW LN 14170 SW 93RD AVE TIGARD, OR 97224 TIGARD, OR 97224 SCHOOLER DAVID K SCHWARZ CHARLES 9420 SW MOUNTAIN VIEW LN 14135 SW 93RD AVE TIGARD, OR 97223 TIGARD, OR 97224 SCHWARZER GERTRUD E & PETER H SHROCK WALTER W 9330 SW MCDONALD 9425 SW MOUNTAIN VIEW LN TIGARD, OR 97224 TIGARD, OR 97224 SMITH JANE A TRUSTEE STEINER JOINT LIVING TRUST 9200 SW ELROSE CT 9165 SW ELROSE TIGARD, OR 97223 TIGARD, OR 97223 VOLK VIRGIL V RUTH WEISHEIT HENRY B AND 9385 SW MOUNTAIN VIEW LN 9080 SW MOUNTAIN VIEW LN TIGARD, OR 97223 TIGARD, OR 97224 WILLIAMS FAMILY TRUST ALLEE ANGELA F & JACK C 9195 SW ELROSE CT 9265 SW MOUNTAIN VIEW TIGARD, OR 97224 TIGARD, OR 97224 ZAFFINA RENNE & PATRICIA 9240 SW MOUNTAIN VIEW LN TIGARD, OR 97224 Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4(0 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 RESOLVED 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 sewer 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 a 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. 01-4(P 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 PASSED: This y - day of 2001. ayor Ci of and ATTEST: Recorder - City of ligard 1ACitywide\Res\Resolution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.01-( l Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 1067" & JOHNSON No. 12 5,598 No reimbursement available 1007" & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 WALNUT & 121' N0.18 - Amount to be reimburaed will be Throo yoaro from service availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 03-55 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. 01-46, 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 shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds 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 S: This resolution is effective immediately upon passage. PASSED: This day of Cr,+o&2¢n.- 2003. Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigard i:%engaregVeimWfseme,ndls CtSVevSbm res0146aw26091oq 14 03wundfi1P14-03 addrdon to m 146m.doo RESOLUTION NO.03- ,75 Page 2 AGENDA ITEM No. 6 Date: March 28, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: City Council will Consider the Formation of Sanitary Sewer Reimbursement District No. 36 (SW 93rd Avenue) This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time.Constraints City Council May Impose A Time limit on Testimony I:\ADM\Cathy \CCA\Agenda Item 6 - 060328 AGENDA ITEM NO.6 This is a City of Tigard public meeting, subject to the. State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. I:\ADM\Cathy \CCA\Agenda Item 6 - 060328 Formation of Sanitary Sewer ursement District No. 36 S:W 93rd Avenue) March 28, 2006 R -e~imbursement District No. 36 S"W93rd Avenue 93RD AVENUE h MOUNTAIN VIEW LANE FY 2005-06 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 36 A PORTION OF THE SW 1/4 SECTION 2 T2S R1W W.M. 28 lots in MGI~CWA the proposed j J + / - district w MTN WEW LN R'0 LN VICINITY MAP 2 Reimbursement District 36 (SW 93rd Av) 1 i eimbursement District No. 36 93rd Avenue ~Isv) W" ❖ Sewer service will be provided to 28 lots ❖ Basements at 9195 and 9225 SW Elrose Court cannot be served 3 ,1\ 1 Vie, tings Conducted ❖ Neighborhood meeting • Conducted December 14, 2005 at Town Hall • Staff reviewed project details with these owners 4 Reimbursement District 36 (SW 93rd Av) 2 Reimbursement District No. 36 l 93rd Avenue 4 ❖ Estimated Project Cost for 28 lots: $566,305 ❖ Reimbursement Fee (Per Owner) • $1.16 per square foot ❖ Incentive Program • Reduced to $6,000 to the extent that it does not exceed $15,000 if connection is made within three years after service becomes available • Amount over $15,000 can be deferred upon request until development occurs s Reimbursement District No. 36 \S)l l 93rd Avenue ❖ In addition, each owner pays the following: • $2,635 connection and inspection fee, which funds treatment facility construction • $50 (average) service charge per two months for operation and maintenance of the entire system • All costs to connect to the lateral installed through this project 6 Reimbursement District 36 (SW 93rd Av) 3 ,;eimbursement District No. 36 ` 93rd Avenue ❖ Project will be constructed this summer ❖ Final costs will be based on actual construction costs plus 13.5% engineering and inspection fees ❖ Finalization of the district will be brought back to Council after all work is completed and actual costs are known 7 Jaff Recommendation ❖ That Council approve the resolution forming Reimbursement District No. 36 (SW 93rd) 8 Reimbursement District 36 (SW 93rd Av) 4 AGENDA ITEM # I FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Expressing City Council Support for Inclusion of Certain Key Projects in the 2008-2011 STIP (State Transportation Improvement Program) PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK G ISSUE BEFORE THE COUNCIL Shall Council pass a resolution providing input into the draft 2008-2011 STIP (State Transportation Improvement Program) and expressing strong support for inclusion of certain key projects that are highly important to the City? STAFF RECOMMENDATION That City Council approve, by motion, the attached resolution expressing support for key projects in the draft 2008- 2011 STIP and direct the timely submittal of the resolution to ODOT (Oregon Department of Transportation) before the public comment period ends on April 14, 2006. INFORMATION SUMMARY ODOT is requesting public input and comment on draft project lists for the 2008-2011 STIP. The STIP is ODOT's project funding and scheduling document. The draft STIP identifies high priority projects under consideration for funding in the 2008-2011 STIP. The projects in the draft STIP are listed under the following categories: modernization, preservation, safety and bridge. There are certain key projects in the modernization, preservation and bridge categories that are extremely important to the City of Tigard. At its meeting of March 21, 2006, City Council discussed the project lists and directed the preparation of a resolution expressing support for those key projects. The attached resolution, if approved, will be transmitted to ODOT as Council's input into the draft STIP. The key projects include the following: • Modernization category: Improvements to I-5 at the I-205 merge and at the Wilsonville interchange. • Preservation category: Pavement inlay and overlay on Hall Boulevard within the Tigard City Limits. • Bridge category: Replacement of the Highway 99W overpass adjacent to downtown Tigard. These projects, if included in the final 2008-2011 STIP, would: • enhance traffic movement into and out of the City • provide better rideability and more efficient traffic flow along Hall Boulevard • present a rare opportunity for the City to be involved in the design review of the overpass replacement project to improve entry into the Tigard downtown area OTHER ALTERNATIVES CONSIDERED N/A COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The STIP projects within and around the Tigard area help meet the Tigard Beyond Tomorrow goals of "Improve Traffic Flow" and "Improve Traffic Safety." The replacement of the 99W overpass provides an opportunity to directly support the 2006 Council goal to "Implement Downtown Plan." ATTACHMENT LIST 1. A Resolution expressing support for key project in the draft 2008-11 STIP with attached Exhibit A listing the projects supported by Council 2. ODOT Region 1 150% Candidate Modernization Project List for 2008-2011 STIP 3. ODOT Region 1 Candidate Preservation Project List for 2008-2100 STIP 4. ODOT Region 1 Candidate Safety Project List for 2008-2011 STIP 5. ODOT Region 1 Draft Bridge Project List for 2008-2011 STIP FISCAL NOTES The project estimates are provided by ODOT as shown on the specific project lists. There is no City funding involved at this point on any of these projects. iAenglguslcouncil agenda summades%3.28-00 a resolution expressing support for key projects in the 2008-11 stip ais.doc ODOT Region 1 150% Candidate Modernization Project List for 2008-2011 Statewide Transportation Improvement Program (STIP) 7Key, Pre= o Project+Narrie 150%' Protect Desciip6ori County RTP # Freight Number Estlmate` _ - 1,2008; :Region`'1Allocation.=_$19.362M.±(DSTIP,'-U$ 5Mx4-000- -:x1-,000 13720 1-205/Mall Light Rail Unit 3 $ 5,000 Capital funding for light rail project Clack/Mult. 13957 US26: Staley's Junction Improvement $ 500 Interchange Improvements at US26 and OR47. Washington Slate Rt, OFAC 13762 Sellwood Bridge EIS (D-STIP) $ 1,500 $ 1,500 Funding for EIS work. Multnomah 1012 13955 2008 PE, R/W and Utilities for 1-5 Delta Park Phase 1 $ 2,104 Funding for project development, right of way acquisition and utility relocations. Multnomah -------I- 5-Delta ilFa- t vi--cto---Blv--d-. ---Lom-b-ar-d- S----------------- $ ---1-6---- T -6-7,,-00-0- -Con-- s-tr-u-ct-s third --la-n-e-SB. ------fu--nds---o---t ----a-m-meed-in --the----2006---2009---STIP---. M------------ultn--omah 12076 : Park Phase (ry -t.) ,000 $ Fully prjec progr- State Rt, OFAC 13957 US26: Staley's Junction Improvement $ 5,000 $ 12,000 Fully funds project programmed in 2006-2009 STIP. Washington State Rt, OFAC 14030 1-84: Replace/Lengthen Bridge Structure MP64.44 (Hood River exit 64) $ 1,539 $ 1,539 Fully funds an OTIA 3 Bridge replacement project on 1-84 in Hood River at OR35. Hood River N/A State Rt, OFAC TBD 1-5: Delta Park Phase 2 (Access Improvements at Columbia Blvd) $ 9,000 $ 60,000 Access improvements at 1-5/Columbia Blvd. This phase funds protective right of way Multnomah 4006 State Rt, OFAC acquisition and begins preliminary engineering. Subtotal $ 40,643 $ 142,039 --a... 99 •2008" ?.'Region~l~%Allocation=,E1-7.1;199M'+((DSTIP__ $O)• ~ ' 13759 Pedestrian & Bicycle Elements for Pres projects $ 1,000 $ 1,000 Funds bicycle and pedestrian facilities for 2008-2011 STIP Preservation Projects. Various 13953 US26: Langensand Rd - Brightwood Loop Rd $ 1,400 $ 1,400 Constructs safety improvements between mp27 and mp41. Clackamas State Rt 13964 2009 PE, R/W and Utilities for US26 Glencoe Road $ 3,117 Funding for project development, right of way acquisition and utility relocations. Various - Constructs new interchange at US26 and Glencoe Road. This phase funds preliminary 12885 US26: Sunset Hwy @ Glencoe Road $ 6,000 $ 26,000 engineering and protective right of way acquisition. Also funds PE and construction for Washington State Rt, OFAC Glencoe Rd (US26 -West Union). TBD US30: Widening at Van Street $ 1,700 $ 1,700 Widens US30 and constructs a left turn lane to Van St.(Clatskanie). Columbia N/A State Rl TBD US30: Widening at Tide Creek $ 1,100 $ 1,100 Widens US30 and constructs a turn lane to Tide Creek. (Columbia City). Columbia N/A State Rt Subtotal $ 14,317 $ 31,200 ,'2010 Region 1 Allocatiom=;$17:508Mti+ S{p TIP_=,;451 k > - TBD 1-5 SB / I-205 Merge: Acceleration Lane $ 3,000 $ 3,000 Constructs acceleration lane at merge of 1-205/1-5 SB for improved operations and safety. Washington State Rt TBD US26: 185th Ave - Cornell Road Widening $ 19,500 $ 19,500 Continues widening from Cornell Road to SW 185th. Washington 3011 State Rt TBD Troutdale Marine Dr/Backage Road $ 7,900 $ 7,900 Completes Interchange Area Management Plan and constructs a new 2-lane road from 1-84 Multnomah Amend EB off ramp (Marine Dr.) to 257th. Project in local Transportation System Plan. Subtotal $ 30,400 $ 30,400 Region 1;AllocaUon~:$1Z,508Mr±,[DSTIPW$451k1i TBD US26: Spfingwater Interchange Phase 1 $ 5,800 $ 5,800 Constructs at-grade intersection to serve Springwater industrial area. Multnomah phase of State Rt 2051 *TBD 1-5: Wilsonville Interchange $ 10,500 $ 25,000 Funds interchange improvements at 1-5 and Wilsonville. Project to be phased. Clackamas 6138 State Rt, OFAC TBD OR212/OR224 Sunrise Corridor $ 7,000 $ 60,000 Funds preliminary engineering and protective right of way acquisition. OFAC Subtotal $ 23,300 $ 90,800 Candidate List of 150% $ 108,660 $ 290,039 Region 1 Modernization Target w/ DSTIP $ 73,979 Region 1 Target = $73.979M available for 08-11 STIP includes $2.402M for DSTIP Bold = Projects funded in the 2006-2009 STIP 08/09 already programmed = $14.621M OFAC = Project identified on Oregon Freight Advisory Committee Recommendations for High Priority Freight Mobility Projects State Rl = Project on Oregon State Highway Freight System * Project cost based on planning level estimates and are subject to revision after project scoping. January 24, 2006 t ODOT Region 1 Candidate Preservation Project List for 2008-2011 Statewide Transportation Improvement Program (STIP) K y. In eurrent rNumber - 'Project Name STIPr Project Description ' Countyr [yx,:2008,'° Region'4•ActuoAllocation1.7;9N;- 11000. _ _ r - •'i 13715 US 26: E. Mountain Air Dr. - E. Lolo Pass Rd. $ 2,411 Clackamas 13716 US 26: MP 44.03 - MP49.2 $ 2,135 _ Clackamas 13708 US 30: Yeon Steet Preservation $ 2,605 Multnomah 13712 US 26: SE 51st - 1.205 (East Portland Freeway) $ 2,000 Multnomah 13713 US 26: MP37.26 - MP39 $ 1,363 Multnomah 13972 Reserve PE & RW Preservation 2008 $ 726 Various 13970 Reserve Utilities Preservation 2008 $ 292 Various 20091';Reglon'1 Actual`Allocatlon~=X13:09" 8M 3'- 13706 OR224: •Jct Hwy 172 - Jct Hwy 161 $ 3,146 Clackamas 13709 OR213: MP7.7 - MP 10.75 $ 1,275 Clackamas 13710 OR213: S. Henrici Road - S Monte Carlo Wy $ 813 Clackamas 13971 Reserve Utilities Preservation 2009 $ 304 Various 13973 Reserve PE a RW Preservation 2009 $ 754 Various 13707 US26: North Plains - Connell Rd $ 9,536 Washington TBD OR213: Oregon City bypass Pavements Committee selected this project for funding in 2009, project wil y ypass 1-205-Conway $ 4,300 Clackamas be added to the 2006-2009 STIR via OTC amendment Amounts programmed may Include funds from other programs Cie. Operations and Safety) ~ , . _ Pte- 2010: ,Region 1 AIIowUon S19'4NI'- _ Estimate'-' - _ - .2011. Region 7 AllocaUo'n..-r$Ask t8egln'MP` ;End MP 1000: TBD OR43: 1-5- Terwilliger (Macadam) 0 2.79 $ 5,900 Urban Multnomah TBD ORB: Sunset Hwy - Hwy 217 (Canyon Road) 0.05 3.18 $ 3,150 Urban Washington TED OR43: McVey-1-205 6.7 11.66 $ 3,750 Urban Clackamas TBD ORB: Minter Br. Rd. - Forest Grove 11.28 17.46 $ 8,810 Urban - Project n,ns through City of Hillsboro - Will need to be supplemented Washington with other funds - TBD OR141 and OR210: Hall, Boones Ferry, Scholls Ferry 2.57 various $ 6,770 Urban - Beaverton / Tigard - Will need to be supplemented with other funds Washington TBD OR10: Farmington Rd (SW 198th - SW173rd) 5.88 7.53 $ 1,160 Urban - Will need to be supplemented with other funds Washington TBD OR219: ORB- Farmington Rd. 0 5.43 $ 2,960 Urban / Rural Washington TBD US26: Military Cr. Rd. - Wolf Cr. 26 37.4 $ 4,620 Rural Washington TBD US26: Wolf Cr. - West Fork Dairy Cr. 37.4 45 $ 4,500 Rural Washington TBD OR47: US26-Banks 80.8 82.85 $ 1,170 Rural Washington TBD OR99E: MILK Viaduct - Kellog Cr. 1.31 5.97 $ 6,440 Urban Multnomah TED US30B: NE 60th - Sandy Blvd 9.2 11.25 $ 2,050 Urban Multnomah TED OR99E: 1-5- Columbia Blvd -6.09 -4.01 $ 3,410 Urban Multnomah TED OR99E: Naef-MP 13.04 9.19 13.04 $ 5,450 Urban Clackamas TBD US26: 1-205 - Gresham (SE 182nd Ave) 5.75 9.96 $ 2,960 Urban - Will need to be supplemented with other funds Clackamas TBD OR213: 82nd (NE. Killingsworth - Hwy. 224) 0 10.18 $ 15,790 Urban - Will need to be supplemented with other funds Multnomah / Clackamas TBD OR213: 1-205 - Conway 0 4 $ 5,740 Urban Clackamas TBD OR99E: City of Canby 20.46 22.11 $ 3,300 Urban Clackamas TBD US30B: Lombard Street 1.31 6.25 $ 21,930 Urban- Will need to be supplemented with other funds Multnomah TBD OR211: OR213 - Mathias Rd (Molalla) 11 13 $ 1,480 Urban - Will need to be supplemented with other funds Clackamas TBD US30: City of Cascade Locks 29.7 30.33 $ 930 Project runs through City of Cascade Locks Hood River TED US26: Sandy - MP 30 (add 33.2-34.1 if needed) 22.49 34.1 $ 8,250 Urban! Rural - Project runs through City of Sandy Multnomah TED OR281/282: Hood River - OR35 0 5.09 $ 3,620 Urban / Rural Hood River TBD OR211: Meadowbrook- Hult Rd. 16.39 20.89 $ 1,580 Rural Clackamas TBD OR224: Rock Cr. - Eagle Cr. 8.15 17.92 $ 3,440 Rural Clackamas TBD OR224: Estacada - Forest Bdry. 23.84 31.56 $ 3,180 Rural Clackamas TBD OR211: Sandy - Eagle Cr. -0.23 5.94 $ 2.160 Rural Clackamas TBD US26: MP49.2-62.15 49.2 62.15 $ 11,420 Rural Clackamas TBD OR35: Jct. US26 - Polaliie Cr 57.2 73.18 $ 11,740 Rural Hood River Total $ 157,660 **Pre-estimate figures are for paving work only and does not include other features (drainage, curbs, sidewalk) Region 1 Preservation Target for 2010 and 2011 $393M Region 1 Target (Urban) _ $17.7M, Target Lane Miles = 53.6 Region 1 Target (Rural) _ $22.OM, Target Lane Miles = 88.1 Total Preservation Target for 2008-2011 $67.827M Bold = Projects funded in the 2006-2009 S71P 08/09 already programmed = $28.127 * Project cost based on planning level estimates and are subject to revision after project scoping. February 6, 2006 MOT Region 1 Candidate Safety Project List for 2008-2011 Statewide Transportation Improvement Program (STIP) Number Protect Name Project Name 77- : ' '12008 Region *Allocation = E15.160W "2009'Regl6n 1+Actual =,$12:610M'- 12840 US26: Wildwood - Wemme Clackamas 13721 OR 219 @ East Laurel Rd. Washington . 13764 2008 Safety Project Various 13765 2009 Safety Project Various 13723 OR213: Cascade Hwy S. @ S Mulino Rd [Left turn] Clackamas 13728 OR 99E: MP 14.0 - MP 14.9 (Oregon City) Clackamas 13729 Light Emitting Diode (LED) Signal Upgrade Various 13722 US 26: Salmonberry Road - Viewpoint Sec (HEP) (Tillamook State Forest) Washington 13724 OR213: Cascade Hwy S @ S Barnards Rd Clackamas 13730 Reserve PE & RW Safety 2009 Various 13732 2008 Button Replacement Program Various 13731 2009 Button Replacement Program Various 13744 Reserve PE & RW Safety 2008 Various 13975 Reserve Utilities Safety 2009 Various 13725 OR 219: Midway - McFee Creek Washington 13733 2009 Safety Reserve Various 13974 Reserve Utilities Safety 2008 Various 2010 " T".'?Reglon.ldAllocation .513.832M s: ~rs~c20'11': •lRegion 1 Allo'cation,~=1E14S456M • - - - e sProject Name {Beglo MP .Erid'MP , 1EsHmater P,roj`e~t`Descrip`t[oni Safetylssue County TBD 1-5: N Vancouver Av - Burnside Bridge 301.70 302.60 Mad SB Exit Only Lane to Morrison Bridge (add to Paving Project) Rear End & Side Swipe Multnomah TBD 1-5: Interstate Bridge - Jantzen Beach 307.77 307.98 Low ITS signing (Operations) SB Rear End Multnomah TBD OR 99E@Columbia Blvd. -4.01 Mad WB Right Turn Lane on Columbia Blvd Rear End & Turning Multnomah TBD OR 99W: Capitol Hwy.-SW Huber 6.21 6.30 Mad SB Left turn lane to Capitol Hwy, Two way SW Huber Turning Multnomah TBD 1-84:1-205 to 122nd 9.70 10.00 Med EB Exit Only Lane, add to 1-84 Paving Project Rear End & Side Swipe Multnomah TBD US 30: Ramp to Lewis & Clark Bridge 48.71 48.74 Low Acceleration Lane Rear End Columbia TBD US 26: 122nd to 136th 7.21 7.90 High Construct center turn lane, bike lanes sidewalks Rear End &Turning Multnomah TBD US 26: Zig Zag River - Bruin Run Rd 46.02 47.39 High EB & WB passing lanes, 16'median, realign curve; Add to 2008 Paving Project Lane Departure Clackamas TBD US 26: Bruin Run Rd - Ski Bowl 47.39 52.50 High Extend WB passing lane, 16' median (add to 2009 Rock fall Project) Lane Departure Clackamas TBD US 26: Vista Ridge Tunnel to 1-405 South 73.70 2C74.05 Mad Two lane ramp to 1-405, Close Montgomery On Ramp Rear End Multnomah TBD OR 213: Faster Road WB Right Turn Lane 5.76 High WB Right Turn Lane Rear End Multnomah TBD OR 213: Foster Road EB Right Turn Lane 5.76 High EB Right Turn Lane Rear End Multnomah TBD OR 47: South Fork Dairy Cr - Kemper Rd 86.20 86.80 High Realign curves and widen shoulders Lane Departure Columbia TBD US 30 Bypass: NE122nd to NE141s1 12.40 13.49 Mad Channelization Turning & Rear End Multnomah TBD OR 219 @ Midway 8.00 8.50 Mad Realign curve and widen shoulders Lane Departure Washington TBD OR 219 @ Wolsborn 9.60 9.90 High Realign curve and widen shoulders; requires bridge Lane Departure Washington TBD OR 217: Allen Blvd. - Denny Rd 2.48 3.02 Low Congested Weave Corrections Rear End Washington TBD OR 213: Mulino-Blackman's Corner 11.30 16.10 Mad Widen Segments with narrow shoulders (add to STIP Paving Project) Off Road Clackamas TBD OR 224 @ Johnson Rd 3.60 3.80 Low Add third lane eastbound through signal Rear End Clackamas TBD OR 224: Carver - Barton 9.21 15.00 High Realign curves and widen shoulders (add to STIP Paving Project) Lane Departure Clackamas TBD OR 224 @ Tong Rd 10.00 10.60 High Channelization (add to STIP Paving Project) Lane Departure Clackamas TBD OR 224 @ SE 197th Ave 11.30 11.70 High Realign curves widen shoulders (add to STIP Paving Project) Lane Departure Clackamas TBD OR 224: MP 12.2 - 232nd Ave 12.20 13.50 High Realign curves and widen shoulders (add to STIP Paving Project) Lane Departure Clackamas TBD OR 224 @ SE 232nd Ave 13.50 13.90 High Channelization requiring a bridge (add to STIP Paving Project) Lane Departure Clackamas TBD OR 212 Sunnyside Road-Royer Road 2.50 2.85 Mad 2nd eastbound lane Rear end & turning Clackamas TBD Region 1 Reflective Pavement Markers Low Bi-yearly projects to replace pavement markers (Operations) Region-wide TBD Funding for Durable Striping in Preservation Projects High Operations Region-wide Total for 2008-2011 STIP $56.058M Cost Low <$1,000,000; Medium $1,000,000 to $3,000,000; High > $3,000,000 Bold = Projects funded in the 2006-2009 STIP 'Cost estimates and years to be determined during project scoping. * Project cost based on planning level estimates and are subject to revision after project scoping. February 6, 2006 ODOT Region 1 Draft Bridge Project List for 2008-2011 Statewide Transportation Improvement Program (STIP) <Key Rro ect Name Brrdge ID r Number f Ftima - PrMect.Descnption County • Freight ; 14014 OR43_Willamette Rver Bndge (Ore~c on Crty)_--- 02552 $ - 31514 Repair and Rehabilitation Clackamas Yes - - - - - TBD US26: West Fork Dairy Creek, MP 46.30 026737 $ 2,024 Replace bridge with new Prestressed Beam bridge (1 mile east of US26/OR47) Washington Yes Place deck overlay; Retrofit rails, Repair cracked girders with post-tensioning; Repair TBD Nehalem River, OR47 (Banzer) 03140A $ 1,346 cracked stringers with post-tensioning; Repair cracked cols with ext stirrups, post-tensioning; Columbia No Repair cracked caps with post-tensioning TBD OR 213 Milk Creek 02120 $ 3,000 Replace bridge which lies between a preservation and safety project. Multnomah No TBD 1-205: Columbia River N Channel, (Glenn Jackson) 09555 $ 2,565 Repair bad deck joints. Multnomah Yes Subtotal $ 12,449 2009x;: 77 14180 Lewis and Clar JLongvrew) Bndq.e Pamtln Protect 02046- $ 101834 Repaint Bridge, Pagi ershipwith State of Washincit-on - - - - Columbia - _ Ks-----. eTBD OR99E: Parrot Creek 00580 $ 1,525 Remove wearing surface & place deck overlay Clackamas No TBD Mt Scott 'Creek & Union Pacific RR (82nd Ave)@MP9.67 02135A $ 376 Retrofit old picket fence railing each side. Bridge is north of Milwaukie Expressway. Clackamas No TBD OR47: Nehalem River (Miles Bridge - Vernonia) 02323 $ 3,300 Replace bridge. #2 Priority Recommendation from NW Area Commission on Transportation. Columbia No TBD OR99W over Portland/Western RR (Tigard) 02532 $ 7,615 Replace bridge with new Prestressed Beam Bridge. Washington Yes Subtotal $ 23,652 TBD OR99E: SE Water Street Viaduct, (McLoughlin Blvd MP12.29 02374 $ 389 Retrofit rails to type F at curb; Repair deckjoints; Repair cracks in superstructure; Repair , ) @ cracks in substructure; Repair & clean rocker bearings; Rail transitions. Multnomah No TBD OR99E: Partial Viaduct, SB @ MP13.86 07164 $ 693 Replace with Soldier pile retaining wall Clackamas No TBD 1-205: Willamette R & OR99E & OR43, Geor a Abernethy) 09403 $ 12,823 Place deck overlay; Repair strip seal expansion joints; Repair open expansion joints; Repair ( 9 y) other deck joints. Clackamas Yes TBD 1-5 SB Over the Union Pacific RR S8588E $ 8,152 Overlay; Retrofit rails; Joint repair. Multnomah Yes Subtotal 22, 057 ~ ~ 'rte - . . ' T 11 t 2 011 TBD ORB: Dairy Creek on TV Highway 007448 $ 1,508 Retrofit rails with new historic type rails; Joint repair; Corbel catcher blocks; Cable restraints; Washington No Other Phase 1 seismic retrofit work; Rail transitions; New RC end panels TBD OR99W over SW Multnomah Blvd 02010 $ 4,498 Replace bridge with new Prestressed Slabs Br with 7' sidewalks, historic rails. Multnomah No Subtotal $ 6,006 Total for 2008-2011 STIP $ 64,164 Bold = Projects funded in the 2006-2009 STIP Freight = Bridge in on State Highway Freight System Federal Earmark TBD 1-5: SW Iowa Street Viaduct (MP298.2) 08197 $ 20,000 Replace Structure Multnomah Yes " Project cost based on planning level estimates and are subject to revision after project scoping. February 6, 2006 : . . . . . : . . . . . . . . . . . : : : : : : : : : . : . . : . : . . . . : . : . _ . . . n : r In` ut : Co....c _ p 1`1= TIP: Draft ?008 20 S M rch' 28 : 2006: P. STIP. State Transporta ion . . Imp rovement Pro ram g ) . m nof pDOT s (Oregon ..Depart e t . _..an ortat~on ro ec fua. in - an acumen. schedu ing docu_ O.D_OT::.as::.re u:esting:: p.blicinp.ut::on:::: q . u TIP.:: for 2008...= the draft S qq~ Commt d ends:q en per.... . ri 14, . .p 1 f . t ones o Project Ca Modernizati 5on (10% Ii t) o r, V at o (230 . 1 I I t:: afety Projects. o _ Brld P ] e. ts::10.0 /o list) a ro 9. . ro ec s . M- dernizatron projects: of importance to : : Ti.....ar.. : _ . 9 I 5:SB :I:-:205:Mer.....e: :Acceleration Lane:. _ . Improves;..oppro ions .;and: safety:: . e. uces ac ups :on:::: - ' S: Prdvides smoother and faster-merg,e.::.from .I-2G to I-m5 . •....:.I-S; Wilsoriv.ille'Interc ange . . Improves the interchange.:: ::Reduces:conge.stion.on I=::5.north of.:Wilsonville...- _ . 2 -t rr:::-::::::::.:.'_-.:-: . :::rr .............rr P Key . . ro ects Pre ervatlon roject ~.~::::::OR-1.4.:1 and- 0 RZ:1.0:..: ' !;!.:,,Pavement o.erlay:.p.ro3ect' r m Scholls ..P.ro~ect:::~amits ...'.:.Hal_L::.Boulevar..d:.::f..o.:.:.:... . . Ferry Road to:_Durham ,Road . n Bdge Project :OR99W: over Portland 1Nestern R:ai:lroad Tigard . Replaces: exastin9over..ass : Re .Ia:Cement o 99 ver pa Freight mobility is the_driVing factor ;•:.O_verP:.ass::::not;designed fo:r...::ove.r...r ht_;;aru:c _ s . . . cture:. is not designed: for seismic, activity . Stru . : ortu;nithe=: Cit .to Provides, an o P P Y . ......y....::::.... become involved in t e : esign .o:.:.::::. . Could provide better access into::the Downtown via Tigard and Commercial Streets out:d: be, a.. esthetically des . harmony with the Tigard Downtown'P an;:= 3 In ut : nctl p Cou Ke ects were discussed at the Y pro : M r c Cou incl= meet ng o.n, : . . a--c Coieil:;directed the re arati_on of a:: p i L:::; ou:n.c res.otution---t.o....formaLiz: _ e Council' . su ort for. fund_i.n9: of ;those P : ro] ects pP. . Resoauto_n i su_b_itted _ or Counci . consideration: at this.:. meetin: . io n:d n: . = : _Reco m.m e_ a That Council a... pprove the` proposed . resolution=_ex ressin9 : :su ort fo;r . pP . F. fund n9o those:: ey project . I approve d:::the reso ution wr e A ransmrtted o ODOT b,eforeth:e :.:pri . ea 14 2006 d ine . 4 AGENDA ITEM # Z~ FOR AGENDA OF March 28, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Presentation on the Ci 's Participation in the Health Streams Plan PREPARED BY: Dennis Koellenneier DEPT HEAD OK CITY MGR OK Em*&/ ISSUE BEFORE THE COUNCIL No action is required. The Council is being asked to hear a presentation on the City's participation in the Healthy Streams Plan. STAFF RECOMMENDATION No recommendation. INFORMATION SUMMARY The Public Works Department is currently planning and implementing projects associated with the Healthy Streams Plan and would like to update the council about the plan and the associated work. The Healthy Streams Plan is an adaptable management strategy to enhance the functions of the Tualatin River Basin's surface water system, our "green infrastructure," including streams, wetlands, floodplains, and their associated buffers. Tigard was a contributing partner to the plan which was approved by the Clean Water Services (CWS) Board of Directors in June 2005. The Healthy Streams Plan outlines goals for the City of Tigard in the areas of community tree planting, culvert replacements, and stormwater outfall retrofitting. The Public Works Department has found the plan to be a very effective tool in implementing our Surface Water Quality Improvement Program. The Healthy Streams Plan utilizes a basin approach to coordinate Goal 5 implementation efforts among the participating jurisdictions. Goal 5 is an Oregon statewide planning goal which seeks to protect natural resources, scenic and historic areas, and open spaces. The plan reflects a progressive step in intergovernmental coordination of habitat-related issues in the basin and outlines the most cost effective utilization of stormwater quality and quantity funds to treat non-point runoff in the City. The Public Works Department has begun work associated with the Healthy Streams Plan on two of the City's tributaries, Hiteon Creek, located off Springwood Drive, and Derry Dell Creek, located off Pathfinder Way. Currently, design work is underway to identify methods which will naturally stabilize the Hiteon Creek stream channel and improve water quality after the creek passes under Scholls Ferry Road. Tree and shrub planting is already underway and further stream restoration efforts will be implemented in the summers of 2006 and 2007. At the April 11, 2006 meeting, Council will be asked to consider an intergovernmental agreement with CWS for the Fanno and Hiteon Creek Enhancement Projects. These projects address the next phase of the Healthy Streams Plan and are a team effort between CWS and the City. Both CWS and City utility crews will construct restoration projects on Fanno and Hiteon Creek. The projects will provide a cross-training opportunity in which Tigard staff will learn about stream restoration techniques; the knowledge and skills gained by this experience will be applied to future projects. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Healthy Streams Plan supports a number of the City's Vision Task Force Goals by; (1) promoting volunteerism through the community tree planting challenge ("Tree for All"), (2) protecting the natural environment and protecting and restoring openspace, and (3) serving as an effective stormwater management tool. The specific goals addressed include: Community Character and Quality of Life Goal 1: "City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for the community." Urban and Public Services - Parks and Greenways Goal 2: "Open space and greenway areas shall be preserved and protected." Urban and Public Services - Water and Stormwater Goal 3: "Stormwater runoff is effectively managed." ATTACHMENT LIST 1. The Healthy Streams Plan Introduction* 2. The Healthy Streams Plan Capital Improvement Program* 3. PowerPoint Presentation *The entire Healthy Streams Plan is available at www. cleanwaterservices. or ,/PlansAndProj ects/Plans/HealthyStreamsPlan. Mpx FISCAL NOTES The Healthy Streams Plan list of projects is shown over a 20 year period. If Tigard were to implement all of the projects listed in the plan, the approximate cost over that 20 year period would be 7.2 million dollars. The Healthy Streams Plan projects have been included in the City's five-year CIP projections. The proposed budget for FY 06/07 healthy streams projects is $315,000 and projects will be funded from stormwater quality and quantity funds. Attachment 3 What is the Healthy E HFALTHY Streams Plan? The Healthy Streams Plan is an adaptable enhance the strategy management to . functions surface water system, ."green including streams, wetlands, floodplains, and their associated . Why is the Healthy Streams Plan Needed? "Green Infrastructure" is manage • CWS and partners (Tigard) pollution by the Key? improvements extensive storm and waste water treatment. • Dramatic water quality have been Even with clean water storm and achieved • 1 years through advancement in needed sanitary systems, the Tualatin River and infrastructure. its tributaries lack water flow, canopy coverage, and: stable stream • challenge to effectively manage structure necessary for the surface water diverse • diffuse non-point sources • pollution. 1 Why Community Tree Planting? Benefits: temperature ,V--....-- I , - Increase shade - maintain water Stabilize stream banks, cycle nutrients, filter w -r pollutants .provide woody debris Create wildlife habitat r a,l ~i. eel Clean the air Provide educational opportunities :aye, y+s ' • community stewardship 41 • dramatic benefits • 0 costs Community Tree Planting 9 Goals 11• 6770 Trees 11 1 1,154 Trees 1/' 13,539 Trees 11• 16,924 Trees 1 1 20,309 f Why • Outfalls? Benefits: Before • was allowed to discharge directly into streams and wetlands l untreated. The Healthy Streams Plan focuses on -.before ys ems ins improving . utfalls which drain commercial, i-."'industrial, and high --pollutant loads can be significantly re duced. Ed[ 2 Why Culverts? ee • Benefits: Tigard's Culvert Goals W, 0 Improvement Improve 2006 passage and allow fish 2007 3 Culverts ee: Stabilize stream ee• structure/control erosion, incision, and 2010 3 Culverts 7- protect banks requirement Why should Tigard strive to meet Healthy Streams Plan Goals? The plan is an outstanding guide for effective use of stormwater quality and quantity funds. Water temperature control is a mitigation and is also a leverage point for our • permit; stormwater efforts improve: .to - C.:'":tlaced on the regiom 3 Healthy Streams and What Issues Face Tigard Tigard City Council Goals in Implementing the Plan? The Healthy Streams Plan supports a number of - Work load and staffing/project management the City's Vision Task Force Goals - Funding - Project permitting Promotes volunteerism (community tree planting challenge) Updating Protects the natural environment .protects . cost effectiveness open the City i9T Eiii: Effectively manages stormwater Commitment/focus Hiteon Creek • 1 1 Community Tree Planting -v# aAll w ka. 7,16 Derry Dell Creek Community Tree Planting Healthy Streams Questions and Comments? Contact Surface Water Quality/Volunteer Coordinator Carla Staedter at car ti ar s s • 503 -2788 -718 4 Attachment 1 i y. ~i tp Ate +S a "`a: r,f+•~ Y~ ~ ~ ` • " 'L ~"~;".~',`;'F~,e'~ ~ ,fit • ~ '.~~h' • rr v~ r~`..aX '~~~Zjp ,d + rY 7,'r'. ~~}I, 'J T`~.': K~ r ~4 ~ ic~~~jja. 1►~'t w ~ti• ~''~fa. r~i ~ ~ 55',^~p~N~ '•~~~r, L~~,~ R' r`,'~' ../q,i~,l~f~~_r t~~'yr y 'Mtri ~'fii i r~~ r{~~•5~,, ,~~~r • ra~'• ~(~,i~}:.~~,yy 4 %Jf~'..y 4y'~~f yylf,f ~'r r - _ ~ {f' d ~ r~ r •M'... f` •'~,~~~-T. ~i r+r CAE d M. pri ti~~i S,,S~~.~ ~f ~ Y _ •~`~•-1r i r~1Y?r ~ ~ ~iey~ r.4S:FF~;{~~ ~¢f %C ~ ~,'3;' ~ , ,lrr `•,.wG'?, Y~"."'R •,Y I' 1; 1!^r 7riF' .4 t f i ~r ~ t•~ ~ 'YJ ~-Ar 9 r x 9 ~ P 1 C p. met i r • t. r ~ T !~Fl U.-to I a 4 11 01,46, 111 H urran activities have influenced the Tualatin River Basin service districts--partnered with Clean Water Services to provide The goal of the Healthy Streams Plan is to For centuries Native Americans burned the plains of financial assistance and technical and policy advice The Healthy the Tualatin Valley to promote big game hunting, and Streams Plan is the result of that four-year effort The Plan utilize scientific knowledge and innovation harvested wapato, camas, berries, and other native plants for identifies policy and program refinements, as well as surface to improve watershed and stream health for subsistence living The early 1800s brought fur trappers from water and stormwater projects to be funded through the capital the east who dramatically depleted beaver populations Settlers improvement program to improve water quality, water quantity community benefit. drained the wetland complexes formed by beavers and diked management, and aquatic species habitat the streams to establish extensive farms The old-growth forest- The Healthy Streams Plan looks beyond standard regulatory ed mountains were extensively logged by the 18505, with log- requirements in an effort to focus on the overarching needs ging continuing to the present day Cities were developed and of the surface water system It provides an adaptable strategy roads were built for managing surface water and promoting overall stream Many of these activities have harmful effects on the natural health It is grounded in the principle of sustainabil ty meeting environment In the 1970s, environmental protection regula- the clean water needs of the present, without compromising tions were developed to help repair the landscape, improve the ability of future generations to meet their own needs water quality, and protect at-risk species Even with these A sustainable watershed management program balances soc oe- regulations, however, rapid urbanization has impacted the conomic values with environmental considerations Accordingly, watershed landscape and stream system While many streams in the planning process included social, economic, and environ- The Healthy Streams Plan Advisory Committee created the Tualatin Bann meet water quality standards under the Clean mental analysis The Plan's recommendations reflect this the following vision for the Healthy Streams Plan Water Act (CWA), some do not Altered watershed conditions integrated approach The Healthy Streams Plans consistent and encroachment into floodplains have resulted in damaging with and complements the District's other facility and master Identify watershed protection and restoration actions floods Fish and wildlife habitat has been reduced and unpaired plans that address the sanitary and storm systems that consistently advance stream health throughout the In 1999, winter steelhead and spring Chinook were listed as Tualatin River Basin The Healthy Streams Plan is designed to be adaptive The threatened species under the Endangered Species Act (ESA) watershed information will be regularly updated Clean Water Clean Water Services (the D strict) has worked over the years Services and is partners will monitor and adjust actions over To achieve that vision, the Committee advised Clean to respond to these watershed conditions Iin 2000, the District time as they gain experience and knowledge and as conditions Water Services to began an updated watershed planning process The purpose change The strategy will inevitably evolve, but the underlying Conduct systematic project and policy identification and was to identify the underlying causes of declining stream vision and management elements will remain This adaptive selection, integrating ecological science with socioeco- health and suggest actions that would help the District improve management approach will help the watershed community nomic values and public preferences, to determine imple- resource conditions in a prioritized and adequately proportioned (those who live, work, and recreate in the watershed) stay on mentation priorities and meet regulatory requirements, manner The actions were also to be consistent with the goals course toward greater watershed and stream health including moving toward the goals of the Clean Water and intent of the Clean Water Act and Endangered Species Act Act and Endangered Species Act Local jurisdictions--cities, Washington County, and special Introduction ■ Sustaining Healthy Streams tt ' "PIP p l7 f' 7`•~..~ • I r~ t r `AA..`fV ill. ~,`,~r ~ r • r SL P ~ ,t _ ~"'y " 'r •a• r,.~~r,. `rv,;~ rho •~~r~~ Timber r z~~/p,;'r'! ~~r'fy t •~IJ "r, C A g.C4e p sJ r ~•r: L~ w U A Mr r, i~/~" ^ :r•" 1t~ It tP + rt-/ ~ f 1W;" y ( r J . .;t eJ~ ia7f Y ~ %+.P'E - r ~ 1 'r~~yd NSKr :'~~r+~• r~~ yBu f +~i.!, r~/rt'* '1`, +r`rr Sa v R~?"'fir"`t~,~t Vol i! '.~~xs ~•Y7 fS'~.d` Ky~s ' L•'rt r9 ,a [ a`ya.l` ~i i'-. ;-y ~•y, ~d 1-• ,.~~t r~ ~;.3~ ~ ~°•`v'~f~r• `~"1 A ~,i~'r.l~r~ r f~4 ~ ` ~,wr 'r~ •"a X o j, le i, k ~ y ~,~.>6(eny~g ~ iJ'~ ' , r~w R*y, ! r`, ' 1,. ~ • ~ ~i , t a /'J~. 1 ~°i~i F kk''y ~d .~`T .r• 4' y .ll tp f ~ da AMEN N o~ '•~i vr,< ,~x< ar '''-?j, ,;',4• _ ~s,..-; ,r ' j] ~ ~y~r=~rr z~ ~~~r I= ' f'„ l~h r:s~~7+e+~ r ~;~w ~ •~T ~ ~ l~ . 6 v`e:. ~ ~ j k;, 1. ~i~' urlm an VA .w >r " Jdf 4 KII6~ P ,4r., 4Y' w` +r x 04 ..ty~.e~'bC ..A,ar= Yr Well' lot r, 3. f' BnL '1 y ~-•'f 11~ 't =lr f~r~ ^ u'" 5 ~ 'iF ~ All 1~ "x PPte~' r"` e E { -Hcl Ba { r~0 ,k i' n°.,a;R:' ~ p. ~ • .i N{"` }~`~M ~r. ~r.r ,r •,t• ~i-•r r 1 Rlaro O~r .x T F y f ' r°i J~r~N o ~S°'f4yT~~Y (OM~gO Alrpal sr o I.F l'• e ~~F~~1~~ ~e k~ r r ~ - n~„ • ~ ~ 0 y t~i~`~r~~+ .r+e Yt t y r YR~ . . f t + ~ n y - ~r f ' } ~ x y• C ? ~ rx,'•4i;'S C-r M r s 'r 71'~LI,d`• • a Tt A _ s hur: EL ra ;f ^r;! M Vii/" r, t au [ Fi awwar 5P a v f,' i-•'`'r~ y e' r S - Gr PA IFIC r BAS i r y~ ,log' a r* RD F! 54 w i.ri iL•Yt'y ' r LINE HN^f° ,,d i . A BU 0<,'24 2 Hp ~fy :tit +M ~Vi Yyr 1 eIIVA ~d PORldnd Y3 {e' r Yc! .f r+~ ' + t TuB.h~ TIN Vq p ~r 11''';m F Hf r ^1' Y RN 1l N a.~ f J a n f pOw m ha LA L p F m ! Y / r it 4 Ucrnr l reek FP D 7y d T s • ti ` d" , Beaf in S' rarr ^ Y . C r x her l ~~y L ` f Hq 0~P I U e~ CA, • yT F m gran I f v C a z ^ r ~ dwauklP~ P 0~ F RY igard H • ° f ~ r S~DLLS ~jf( '1 r Ka Schalk Mt i psw A ING N CO F f O Y CO dP~ Cry cr rha eg e UGB CWS Boundary hl T11,11 aatn x y o z F Lit W - v ~ I CWS study area = ~r 4 s cod inR L V S Tualatin River } EL~IG 4 Q streams mile .51 2 N berg ` f 1 I J N ISGII le ~V Ya p Scope of the Healthy Streams became responsible for surface water management (SWM) in the j c Plan urban portions of the Tualatin River Watershed in 1990 Clean Water Services Clean Water Services implements a diverse, strategic program to Clean Water Services, in partnership with local jurisdictions and ensure surface waters meet or exceed water quality standards, the watershed community, manages the surface water system of protect public health and safety, provide habitat for aquatic vision: Enhance the environment and quality of life in the the urban portion of the Tualatin River Basin The surface water species, and are an amenity to the watershed community To Tualatin River Watershed through visionary and collaborative man- system-or "green infrastructure"---cornprises the natural meet National Pollutant Discharge Elimination System (NPDES) agement of water resources in partnership with others streams, wetlands, floodplains, and their associated upland stormwater permit requirements, Clean Water Services and its buffers Water within the system comes from natural surface partners implement best management practices for stormwater water and groundwater flow and from two types of discharges These include public education, source control, erosion control, mission: Provide cost-effective seances and environmentally 1) stormwater runoff from impervious surfaces that drains via a stormwater pretreatment, water quality monitoring, and storm sensitive management of water resources for the Tualatin River constructed storm system and 2) wastewater effluent treated in system maintenance Clean Water Services further improves Watershed the wastewater treatment plants surface water quality and aquatic habitat by implementing stream To achieve the vision and mission, Clean Water Services conducts Clean Water Services has jurisdiction over 292 miles of stream enhancement and streamside buffer protections comprehensive planning efforts before implementation to ensure within Washington County's urban growth boundary The Healthy The Healthy Streams Plan articulates the latest scientific informa- that interrelated programs and projects are aligned Streams Plan study area also includes areas outside the urban tion related to watershed and stream management, and identifies growth boundary that flow into Clean Water Services' jurisdiction and prioritizes projects and activities that could be implemented 44 (Map 1) The Healthy Streams Plan project evaluated in detail a to further improve the District's water resources management It on total of 338 miles of streams and their associated floodplains and is standard practice for the District to modify practices, programs, wetlands and approximately 42 miles of the Tualatin River The and projects as information is presented and proven to advance detailed study area represents 34 percent of the Tualatin River surface water protection The Healthy Streams Plan provides new Basin and primarily covers urban and urban fringe areas or updated ideas for some program elements A chronology that The Healthy Streams Plan focuses primarily on enhancing the documents the evolution of the surface water management pro- functions of the surface water system (green infrastructure) that gram in the Tualatin River Watersheds provided in Appendix A are critical to maintaining water quality, quantity, and aquatic habitats However, the Plan also addresses broad watershed-wide Metro estimates that the population of the stormwater management issues (such as impervious cover, street Looking Beyond Regulatory Tualatin River Watershed will increase from sweeping, and storm system inspections), directly connected Requirements stormwater outfalls built before 1991, and culverts that are 455,000 today to over 700,000 by 2040. impassable to fish or are deficient in conveyance These topics The federal Clean Water Act and Endangered Species Act were are included because of their direct influence on the quality and specifically crafted to protect water quality and at-risk species Given this potential growth, strategies for effectiveness of the surface water system and their habitats (see Appendix A) These federal laws exert preserving the high quality of life and the daily influence on the surface water management strategies of The Healthy Streams Plan replaces former watershed plans Clean Water Services and the local jurisdictions environment must be formulated. developed by Clean Water Services, including the Fanno, Rock/BronsonjWillow, Hedges, Butternut, and Beaverton Creek In the Tualatin River Bann, the Department of Environmental Watershed planning must integrate social, plans Local drainage plans will continue to be used for storm Quality (DEQ) has focused its water quality regulatory efforts on economic, and environmental elements in a system conveyance issues that are not directly associated with managing the point sources of stormwater runoff and wastewater the streams The Stormwater Management Plan required for effluent DEQ has identified phosphorous, ammonia, bacteria, manner that promotes sustainable growth 41 regulatory compliance with the District's watershed permit will biological criteria, dissolved oxygen, and temperature as con- in all sectors. be developed by 2006 The Stormwater Management Plan may stituents of concern that impair the beneficial uses of the surface include some of the recommendations identified in this and water system, such as water contact recreation, fish communities, other plans as appropriate to meet regulatory mandates and salmon spawning and rearing in some portions Clean Water Services and its partners manage pollution by implementing extensive stormwater and wastewater treatment and maintenance How Clean Water Services strategies, as required through NPDES permits (see previous ® sect on) Dramatic water quality improvements have been made Already Helps Streams over the last 30 years through the construction of advanced The Tualatin River Basin is a highly regulated and managed sanitary and stormwater infrastructure Now, the challenge is to watershed Clean Water Services (formerly the Unified Sewerage more effectively manage the diverse and diffuse non-point sources ® Agency) has managed wastewater since the early 1970s, and of pollution ® Introduction a sustaining Healthy Streams 3 Figure I Integrated Water Resources Management - - ir 40 Sharing the Vision CLEAN WATER ACT The Healthy Streams Plan process considered and drew from the ap social, economic, and environmental visions of other groups in the Tualatin River Watershed Stormwater IIA y Management Plan ■ The Vision Action Network has unified community members 0 from all sectors (faith, business, not-for-profit, advocacy, citizen Je Reclaimed Water CO Iwo organizations, education, and government) to identify practical,NY Master Plan 'I ~ collaborative strategies that help address long-standing com- ~ 0 munity and social concerns -ell ■ The Westside Consortium for Economic Health, consisting of business and government leaders, has identified regional strate- o gees that will maintain and promote economic growth and sta- bility in the Tualatin River Basin Its strategy focuses on four A,xP G interlocking elements of people, place, clusters and leadership l d a Westside Consortium for Economic Health 2003 tip ■ The Tualatin Basin Watershed Council is a diverse group of com ~ ~ ~ ~ ~ ;rg, a « 40` munity stakeholders with a watershed vision of "a balanced ecosystem that supports a healthy watershed, provides for an T- t* economic base and viable communities" (Tualatin Watershed ~'"y'.' Council 1999) Alf ■ Some local jurisdictions also have vision and action plans for their communities that address watershed issues > IN~ < r r- 5Vf 6l x 6'. r y ; . µ c)S g 9'sS 1 yr a _'A„-a ak L~V r' • n t~i "a e~P-•a~ ~''"i~,ir° M-rrrr 67 ``iate~ Q\ C i _'yy , r ~y' ,4: w l~ c vr;' a ~ •3° =}~f~ M°.t , y,, Old ~i4", "~'4r ~m~*q~yp.nV*;1PlvA,'.r' ^'dyy4h`, t rt „n~q: nvironmen ENDANGERED SPECIES ACT S8 mores 4 Healthy Streams Plan ■ --iedn vveter Now Clean Water Services and pits.partners focus on achieving the greatest overall environmental benefit with the limited financial resources available. r Surface Water Infrastructure Stormwater Infrastructure Sanitary Infrastructure ow NW ■ Watershed planning ■ Storm system drainage planning, monk ■ Master planning for sanitary sewer and NW ■ Vegetated corridors and sensitive area toring, and mapping wastewater treatment facilities regulation ■ Stormwater regulation, including the pre- ■ Installation and maintenance of the ■ Capital project construction to enhance treatment of polluted stormwater runoff sanitary conveyance system and pump streams and wetlands and repair culverts through stormwater facilities stations ■ Community-based, non-profit partner- r Storm system capital improvements to ■ Operation and maintenance of state-of- ships and sponsorship of intergovern• Improve outfalls, stormwater facilities, and the-art wastewater treatment plants mental events to clean up streams, plant pipes ■ Augmentation of river flows during the 1111111114 trees, and remove invasive species ■ Pollution prevention through regulating, summer to improve water quality ■ Public education, including streamslde inspecting, and enforcing erosion and pollu- technical assistance to property owners, tant source controls investigation of reported illegal streamslde r Storm system maintenance of catch _ activities, and the River Rangers childhood basins, storm lines, facilities, and street education program sweeping ■ Public awareness through brochures, print ■ Water quality monitoring ads, and media campaigns ■ GIS (geographic information systems) mapping and database management to track activities ■ Water quality, fish, macroinvertebrate, and flow monitoring The Healthy Streams Plan suggests projects and activities that Planning Context for the ~ can help the Distract and its partners to meet strict water quality Healthy Streams Plan standards Improvements to the surface water infrastructure, to through which all waters flow, can help preserve and protect The Healthy Streams Plan is one piece of the District's Integrated ON water quality and aquatic species by reducing non-point sources Water Resources Management i,IWRM) strategy to protect the of pollution such as channel erosion and ultraviolet light impacts health of surface water resources and the vitality of the watershed no This "soft, green" surface water system is important because community by integrating the water quality, water quantity, so even with clean water from the storm and sanitary system, the and habitat needs of the Tualatin River Bann All water resource me Tualatin River and its streams would still lack needed flow, canopy, supplies and demands in the watershed are interconnected and habitat necessary for the surface water system to maintain Understanding their interrelationships is critical to efficient go good water quality For this reason, the Healthy Streams Plan management of the resource No looks beyond the standard regulatory requirements for managing discharges and incorporates elements of an integrated water The District has developed an internal interdisciplinary team that resources management strategy that will promote an ecologically reviews and considers planning for su face water, the treatment I{~ healthy and self-sustaining system plants, storm and sewerage conveyance, and water supply for drinking water, irrigation, flow restoration, and reclaimed water (Figure 1) A comprehensive look at these programs helps the Introduction a Sustaining Healthy Streams 5 S How this Document Organized Part I Part II Part III Action Plan, presents the recommendations of the Healthy Summary of Data and Analyses, provides the Literature and Appendices, provides background Streams planning process it includes socioeconomic and scientific data and analysis used to develop the and more detailed information in an electronic format ■ The priorities underlying the recommendations recommendations in the Action Plan Details on methodology, data, and maps are available through the electronic Appendices and Internet ■ Guiding principles links provided in the text ■ Refinement options for existing policies and programs ■ Chapter 1 Social Data and Analysis, addresses population ■ Capital improvement projects trends and demographics, community values, public habits and behaviors, and public awareness of water resource issues ■ Implementation and monitoring ~ ■ Chapter 2, Economic Data and Analysis, addresses the costs and benefits of watershed improvements and the financing options available to implement the Healthy Streams Plan IMP ■ Chapter 3 Environmental Data and Analysis, describes 410 current baseline environmental conditions in the watershed ■ Chapter 4, Projects, Programs and Priorities, describes how 0 the gathered information was analyzed and projects were 60 developed and prioritized before being integrated into the 60 Action Plan District to effectively and efficiently manage and/or influence the In addition to collecting and analyzing environmental data, the policies of water resources management in the Basin Healthy Streams Plan process analyzed socioeconomic costs, bene- Recommendations from the Healthy Streams Pian will complement fits, and values This included considerable public involvement strategies for stream and river flow restoration, reclaimed water through committees, surveys, and stakeholder discussions Three use, temperature management, and NPDES permit compliance regional project committees participated in the Watersheds 2000 Clean Water Services began the Healthy Streams Plan as an effort inventory, and were merged into one Healthy Streams Plan to update and finish watershed plans, integrating Clean Water Act Advisory Committee in 2002 These committees contributed and Endangered Species Act issues into the process The Plan is invaluable review and comment and helped articulate public val- not designed to be a regulatory document Instead, it is meant to ues The Advisory Committee developed a vision and mission that provided overall guidance for the Healthy Streams Plan (see page guide the adaptive management of the surface water system The Plan was built upon the recommendations of the Surface Water 3) It also identified goals and action principles, which are outlined Management iSWM) Framework, an assessment of the 10-year-old in Part I Action Plan storm and surface water management program that was complet- Implementation of the Healthy Streams Plan began before the ed in 1999 (USA 2000) Through an extensive public involvement actual document was even complete The products developed and analysis of stakeholder values, the Framework identified the during the planning process such as modeling, mapping, surveys, j~ surface water management program's successes and opportunities and environmental analysis) are used to more efficiently implement The information and guidance developed during the Framework capital improvement projects along streams The information is process were integrated into the Healthy Streams Plan's scope and also being used by local jurisdictions and developers to evaluate suggested actions requirements for floodplains, streams, and other resources ■ The Healthy Streams Plan gathered extensive watershed and stream base data through the Watersheds 2000 Inventory The water resource modeling, topographic/stream survey, and ecological data were used to produce CIS-based (geographic information system) watershed analysis, update floodpla n maps, identify priority enhancement projects, and evaluate policy and program refinement options 6 Healthy Streams Plan Cleans^ ater Serves MEWS: f y , 9F r r i ~ - 1 ~ • l~ ~ ~ A 'Y t Yp, y~~ ~ i iwd ON rah Y r r t ~ wp _ II` I V I + f r Attachment 2 Criteria for Selecting Annual Projects Capital Improvement stormwater outfalls' Local drainage master plans and system Program maintenance records should continue to be used to guide improvements associated with storm pipes and upland storm The RESTORE model (see Part II, Chapter 4) , the culvert analysis, The District and the local jurisdictions implement capital improve- drainage systems that are not directly stream-related and watershed priority areas are useful tools for determining the ment projects to improve the function, maintain the integrity, The 20-year capital improvement program was developed by using type and location of priority capital improvement projects and/or increase the capacity of the surface and stormwater sys- the watershed and stream data, analysis, and models (see Part II) However, Clean Water Services' experience is that most projects tems Since the establishment of the surface water management and the guiding principles developed by stakeholders Annual are opportunistic, driven by funding, timing, and property owner program, capital project priorities have been based on local project selection criteria (see sidebar) were developed to allow the issues Priontization criteria were therefore developed to select drainage master plans, subbasin-watershed management plans, District and local jurisdictions to be flexible, practical and efficient annual capital projects The criteria are based on the guiding and flood-related complaints All jurisdictions implement stormwa- In integrating the surface water management program with other ter facility projects, culvert upgrades, and storm system improve- activities, such as transportation improvements, parks develop- principles developed by the project committees and Advisory ments to be consistent with the plans or to resolve complaints ment, mitigation projects, and friends-group plantings Such Committee (see Guiding Principles, page 12) A project has The District and some cities have also implemented capital and opportunities may change the timing or costs of projects, but the priority if community-based stream enhancement activities consistent with priorities should remain consistent in location and scope The pro- the individual watershed plans The Healthy Streams Action Plan posed actions and estimated costs are firm for only the first 10 updates the capital improvement programs of former watershed years )to 2015) of the program The recommended projects are ■ It benefits water quality and/or aquatic species plans, creates projects for previously unstudied areas, and estab- diverse in character, size, and scope and are widely distributed r I shes more integrated, adaptable, and regionally based capital throughout the basin, this will allow the capital program to easily r ■ It connects or will eventually connect to other project priorities for the urban and semi-urban watersheds of the accommodate 10 to 20 years of changing watershed conditions features or projects Tualatin Basin This diversity and flexibility should increase the environmental ben- r ■ It offers project partnering with willing land owners The Healthy Streams Action Plan recommends a capital improve- eflts of the surface water management capital program and be r ment program that focuses on the green infrastructure (streams, cost effective r ■ It is self sustaining once established wetlands, floodplams, and upland buffers) and the stream-related conveyance system (culverts, bridges, and directly connected r • Construction is feasible and affordable • Anticipated environmental benefits over time exceed r short-term costs The capital improvement program for the Healthy Streams Plan includes projects for- r • It is adequately proportioned to achieve the desired r ,.:Stream preservation and enhanceme age.26. outcome at the lowest cost r 00 on. Flow *estoMfi. 1.1• 7 7 N Commiiinitv tree, • 1./• 1 r page 7 7 a CU ve a w a a 24 Healthy Streams Plan ■ Clem Water Services ,pr+~trr ~YyJ~~ _y ry~r ,"S7'f;,y /fAY'1yr ►tl ~I ~,YJ~^~}~~ 1'k ~ f w ~,F^$~Y ~ M1 Y t S , ~ F ~J~~~~~~ ~ Y ~ r ~ f • ~ ~ ~ 1't Z. / r - t ~iu~r ~ N s ~ ~t r , - 1tlr ~ i ^ t - 406A Al low y r / 1 t tr r r WEI a 71+ 51 PAL t \1~ ~1r.•r ~ 1 jp L y r ~ L 'C ~r Wetlands WJL50AJRJ~r nks r 1' NWY 6 orth v. T He el C ti y icy zL ~ n ~ FT / ~ 7 e~~~' ~y tiG CP 60 C Pf Verboort o 60 a rest boro CO LL RD ro ( L HWV W ~ 1 Cornelius LQ 60 r l T/N u _V/ ~~)(le Cahn RN ALL HW, D I ha Imo" r~ ~ 5 -7 60 r _ A ! G av n N RD N . UN ER- : RED 40 Farmington m igard FERRY Laurelwoo BALDr \1 S(71pL15 q Scholls Vit WASHINGTON CO - e C YAMHU Co- e~ C Tual Rivergrove - I ° low Proposed Projects Fiscal Years "f ~~rd ¢ - ~7o s - C10 2005 00 2001 o goo 2008-2015 - qp slim Complete/Ongoing © Mlles I stm_fll 0 05 1 2 I I i • • ig PA: MEN r , it -.014 Table 1-2: District Coordinated Stream Enhancement Activities Creek Project Location Enhancement Elements Miles Acres Total Cast Project Timeline Partners --Abbey Rock Creek confluence to Kaiser Road Large woody debr s o'f charnel enhancement, evegetation__ 1 K 210 $220,000 2008 2013 Property Owners _Beave-= 170th to 231st _ Revegetauon_ _640 380 $450,000 2008.2013 Hdlsooro THPRD ' Beaverton Murray_to 170th _ Revegetauon lage woody_tleor s _ 1 50 18 0 $300 000 2005 2012 THPRD, Fr,erds of Beaverton Creek ' Bronson West Union to LaidIdW _ Revegetauon, large Woody debris f sh harr er emoval livestock exclusion 2 00 24 0 $345 000 2004 2009 Neighbors Bronson Tanasorook Ponds Cornell to 1Bin Ir stie3m pond modification revegetation f sh barrer removal 0 60 15 D $610 000 2004 2009 Counry, Beaverton Neighbors Bronson _ -Mouth to 135th Revegetaton, fish barn er removal, arge voody debns 50 18 0 $340 000 20012012 Neighbors ' -Cedar Stella Olson Park Revegetauon 0 50 6 0 $93 000 2004 2008 Sherwood Cedar Chicken Headwaters _ Preservation _ 5 s0 132 0 $350 000 2005 2009 Sherwood, ih, ee Rivers Land Trust P!7 Fanno_- N Dako'a to 99 W Drf channel enhancement revegeta.ion large woody debris 1 40 16 0 $300 000 2)08 2013 Tigard Fanno Bonita Rd to Durham Rd - Revegetauon, off channel enhancement, bioenginee ing 1 40 16 0 $525 000 2007 2012 Tigard Fanno _ Englewood Park to N Dakota Ave Revegetauon, large woody debns, off chanrel enhancement _ 0 50 11 5 $205 000 2003 2008 Tigard Fanno 99W to Bon ita _ 8 oenginee ing large woody debns evegetauon 2 50 28 0 $550,000 2005 2010 Tigard Gales Tualatin R to Hwy_47 Revegetauon 1 90 23 0 $140,000 2005 2010 Friends of fernhill Ga es - B Street to HWY 47- _ Revegetauon i 80 20 0 $185 000 20012012 Forest Grove Hedges _ Pascoutz Pond Revegetauon 0 25 3 0 $30000 2003.2006 Tualatin Wetlands Conservancy Johnson South Bvtn Cr to Farmington Rd Channel eronfiguration revejeta;ion large moody debns 1 00 23 J $325,000 2005 2010 St Marys, SOLV lohrson South Summercrest Park Revegetat on arge woodydebns fish barrier removal 0 23 3 0 $100 000 2003 2007 THPRD Johnson South Lowami Hart Woods Park- Larye woody debr s_,evegetaGOn ped 5ridge_eplacement 0 25 6 0 $100,000 2006 2011 THPRD =Rock- HVw 26 (oWes(Union - Reveyetation large _woody debns off channel enhancement 1 30 15 J $395,000 2004 2009 RC Golf Course THPRD Rock _ Evergreen 'o Cornell R.evegetapon large Noody debns, off chanrel enhancement 0 51 70 $165,000 2002 2008 Hillsboro SOLV Rock -Vies! Union ro Old Cornelius Pass _Rd Revegetauon large woody debns, livestock exclusion presen anon 5 30 32 0 $450,000 2007 2012 Neighbors Rock _ Old Cornelius to headwaters _ Fish burr er removal large woody debris fow augmentation preservation, e_ve_getanon _ 6 20 37 0 $500,000 2008 2013 Neighbors, Mult Co Sumner Summer Lake 135th ro 121st In weampond modification revegetation fish oamer emoval 0 25 50 $270,000 20-09-2-0 14 Tigard WilloN Beaverton Confluence In stream pond modification revegetation fish warier emoval 0 30 3 S $115 000 2004 2009 Neignbors Sub-Totals 44 99 522 0 $7,173,000 Future Projects 2010.2025 to Be Determined as part of Adaptive Management Average cost estimated at approximately 1 25 million per year $18,777,000 Estimated Total Cost of District Coordinated Stream Enhancement Activities to 2025 $25,950,000 Project unde,Nay Projects that preserve stream health or enhance stream condl- Table 1.2 and hfap 1.1 show Clean Water Services' capital projects realize the improvements to stream health, if implement- tons generate ongoing, appreciating benefits to water quality, list for fiscal years 2004-2015 The list reflects the following ed correctly, however, enhancements can offer future gen- M" water quantity, and aquatic habitat Preservation activities include broad approaches erations a self-sustaining and fully functioning green securing easements or management agreements with willing 0 High-priority watersheds for fish and water quality are infrastructure property owners to ensure the stream corridor remains in a emphasized (Cedar-Chicken, Rock, Bronson, and Gales M Complex urban enhancement or "creation" is not recom- healthy state Enhancement activities include channel reconfigu- Creeks) mended over the next 10 years for streams so degraded ration, large wood placement, gravel-boulder placement, off- that ecosystem function is permanently damaged The channel habitat, nstream pond removal, and invasive species r Preservation is recommended on moderately to highly costs of these projects outweigh the environmental gains mom managementyrevegetation functioning streams that are at risk of future disturbance The initial focus for such areas is stormwater manage- The District used Oregon State University's RESTORE model to These streams are likely to recover on their own if undis• ment and tree planting during redevelopment activities. turbed Preserved streams that are self supporting provide identify different preservation and enhancement projects for the Tualatin Basin with the greatest amount of free stream corridors, based on existing conditions The RESTORE ecosystem services (e g, shade, flow moderation, habitat) alternatives were then overlaid on priority watershed areas for that transport water quality, quantity and aquatic habitat fish, projects that are underway or completed, and public lands benefits downstream A~ to narrow the project list Finally, available staffing and surface water management funding were estimated to determine how ■ Enhancement is proposed in slightly to moderately many and which projects would be implemented each year degraded areas and areas that conned to higher-value resources. Streams that need physical adjustments to a" repair altered functions are more costly and time consum- ing than preservation projects It may take decades to lop Part 1 9 Healthy Streams Action Plan 27 ro Re-engineer flow back into McKay, Using TVID pipeline x«ar Remove Instream Ponds in Dairy Creek - .J nh xJr' . Cr n , J dri / C °ti rfryyy r { °G a w ( A t 'Tj \ r r' Wes, Url ~el WAWUErr a / 1y~C ~ry,~, C;'E ~r~ 'JfOr HII$I]Uf0 C o ~ 1 Come4us~ L L r D Di r RaP NWY-+~ 1 • ! Alpha C" C. ~."'~-~-1+~'^ dEkVLRTON H'LIrDa,F ` y ~Nr Beave4n `N Chen; ? / a ~q ^GrovP e ~NSFF A y RD L~ 20 aper a . DIRDN /11~ ap t Farmrngton ZI lm FK - R,D ° Tigard FERRY aurewo d RAID- LL5 Bull qM' - ~h ruwnx OILS yr Mtn IF iNASHINGI'JN CC) e 4 NID Pipeline Overapproprlated Basins rak6,IJ d P ~J ' King 1 Co r City Durham ' l Dairy Creek Instream Ponds Potential amount overapproprlated (c(s) RATE 64 Flow Diversions - - Rivergrove l 0 000 0 24 ® -63 50 N i.' Nt apt~~ uyatr ~ `rua`la`f'r R v 025 066 49.25 w-~' ~~ey 087 2 86] 1.25 o u «Eq i w' ? "c ~~~os 26 50 Sherwood Fq f 267 2500 X51 100 ~MIleS ~a tic 101 250 00 51 2 l~ _ I ® 25 01 -93 00 ION I -7 141 ~ ~ s r~ ar` s ~^~.~,~r,~ar a,~ ,p„ ';n'c ,§~+~u• ~ nc,~° ~ "T~°" ' j ~ 't~"~ 'M~' -y'~i.. "~r" Table 1-3. Potential Flow Restoration Projects cfs potentially Miles of Tribs Protect Creek Protect Location Number Enhancement Elements restored Down Stream Total Cost Timeline Partners Rock Orenco Goif Course near Corn_e_hus Pass Road 1 water right Trade Nater n et,i- ; ;,3'er et' as °sr OY' c 3 szi er 3q. s nnr 7 C2 S Si57 71 71 i Pro er, O; er %ae -3-r fanno_ fanno_Creek Golf course voter night Trade water n e.. n r3r ^,a er erc 3s ,cream 1r wi 3 szlle 3cq i; t ur a 2 5537 R7 2755 2715 Pr3rzi y O;,ne %3re r 3s er Rock _Rock C eek Dam near Rock C,eek_Ro_ad 2 r,ater ght__ Dam adjustrne•t De.ler't , z3.3. r d 11 5173 a33 21D5 2'715 r' 3Ue ry saner VitL,r,3s,er Chicken Tualatin National Wildlife Refuge _ _11 o;aler rgnts _ trace waver n ie u• t "ur s3te t 3s r s e37 rg el e' ar,u s . on ' ' 1 $335 531 20 5 2715 TP,,~R ;Y3.e Mas.zr YLKa~_ Vear Glercoe and Zion Church Road_ _ 1 pump _ Pump vater th 3n T. IG ,y,[e 9 S137 85' 2765 2013 T, D Dairy Misc locations (see map) 9 ponds Reconf gu e in sreair aen,s a5 3. zs 13 Soso 3-10 27GS :1- 15 ' ote't' O;,re> TOTALS 57 $2 650,000 Restoration of stream flows is the most critical of all stream improvements, and one of the most challenging to implement flow restoration greatly depends on the available water rights and water usage, landowner cooperation, the water distribution infrastructure, the stream aquatic habitat and water quality needs, and the timing of the flow needs A detailed analysis of flow restoration opportunities (see Part II, Chapters 3 and 4) sug- gests that actions will need to be developed on a watershed or subwatershed basis and will likely vary significantly from one area " we to another Activities that could increase base flow n local we streams include creation or preservation of mstream water rights, near-stream irrigation, direct discharge of replacement surface waters, stormwater management that encourages groundwater 00 recharge, and mstream structure i•large wood) that restores more frequent overbank flooding Many of the preservation and so enhancement protects, as well as the policy and program ref ne- ments, Iinclude one or more of these flow restoration activities 010 Table 1.3 and Map 1-2 Identify potential site-specific flow projects in flow deficient watersheds It is anticipated that the adjustments to stormwater quantity ` . management, addition of In-stream structure, and revegetatlon ` of all small and mid-sized streams, combined with active rrlga- =a _ a t1on, will move some streams toward flow recovery Water rights a s , AD negotiations with willing sellers will be an ongoing part of any y e enhancement protect and could be developed further as an 00 active program The Reclaimed Water Master Plan process is 010 developing alternatives for reclaimed water use that may include Restoring and maintaining adequate strearn flow is critical to water quality and aquatic habitats during the summer and early fall Cedar Creek near Sherwood water for streams Alternative distributions of flow restoration 00 waters from Scogg ns and Barney Reservoir are also being evalu- 1N ated Securing senior water rights for in-stream use and obtain- AS ing supplemental water are options for streams where excessive withdrawals cannot be offset by the enhancement of stream or watershed functions A 90 04 A Part 1 ■ Healthy Streams Action Plan 29 t,`\~6 PLC Kilhn ro t Wetlands WILSON RI~ Banks a: NWY 6 - ` North a t Plain Gale Helvetfa~ Q'f Creek r, ~P _V Cd/PS~r f _w Verboort y w`W - gall f * a - 7 ' t ` boroo CORNELL RD-r I * /Y' `+-t-• (HWY LL' lius j (f y} , Corne ► ~ ~ Y•~ ~ t ~f' y ~M• ~ S • h' y ' ~f `"rte - - - _ ~ / * * it r * f rr Dilley s Lake ZIA.; ~ BEA~ERTl9N 4 HILLSD4 Cherry *;~1fr_'~,~, q!(~ • * Grove P~~1y RD a UN ER RD Coop '*r.1~ ',~s 4# DIXON ALL D- Farmington Mtn 4r• r F. t~ Tigard Q FERRY Laurelwoo BALD - sClpllS ; *,~I / ' - C Scholls Mtt~ •Vi WASHINGTON CO 4 Ph K YAMHILL CO /P4> CI ~rr'= I o utha rn Rivergrove Tualatin TUALATIN-5N o 4~ ~ .Ya I ~ ;•rpS Priority 1 Public Lands S ood, ~z - Potential Opportunities for Community Tree Planting Q~~ I~ Tualatin Parks (includes schools, cemeteries, other) I~ ® Private "-fir a FRI Public * Storm Ponds ® Mlles -•-Water Quality Facilities 0 0,5 1 2 I I mom 'o Table 1-4: Community Tree Planting Challenge - A Million Trees in 20 Years Planting Targets Per Year Total $20klac, $2 51plant, Community 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016.2025 Tree Target ( 2614 plants(ac) Banks '07 215 322 429 536 644 __536 429 322 215 107 _ 429 4 290 $43 548 8eayen~n 5926 1185, 17777 23703 29629 35555__29629 23703 17111 11852 _ 5926 23703 _ 237030 $2406117 Comelus 761 15,13 2281 _3045 3806 4568 360fi 3045 2284 1523 751 _ 3045 30450 $309101 D iham 105 210 315 420 - _ 525 - -530 - 525 420 315 210 105 420 4 200 $42 635 _ - - - - - fb es1 oicre 1435 2870 43C4 5739 7174 _8609 7174 5739 4304 2870 1435 _5739 57 390 S582572 Hillsbc o 5951 11901 17852 23802 2975335703 29753 23802 17852 1901 5951 23802 238 020 _ $2 416,167 r i 158 315 473 630 - 788 _ -945 788 _ 630 _ 473 315 158 630 6 300 _ $63 952 10 Nor'oPiai^5 123 246 369 492 515 738 615 492 369 246 123 492 4920 549943 Portia^d u7 Bann e5,1 5250 10500 157SC 21000 26250 26250 21000 15750 10500 5250 - 21000 210.000 $2,131,733 5hervood 1054 218 3161 4215 5269 6323 5269 4215 3161 2108 1054 _4215_ 42150 $427,869 Tigard 3335 6770 10154 13539 16924 _20309 16924 13539 10154_ 6770 _ 3385 13539 135 390 $1 374 359 11110 ualati- 1859 3719 5579 7437 9296 11156 9296 1437 5578 3719 _ 1859 7437 14370 S754933 Fill cleanVilServiLes• 1012 2'11 5 3`737 4049 5061 6074 5061 4049 3037 2025 1012 4049 40490 $411018 go Community Tree Total 27,125 54,250 81,375 106,500 135,625 162,750 135,625 108,500 81,375 54,250 27,125 108,500 1,085,000 Total Cost Per Year in 2005 dollars $275,349 $550,698 $826,047 $1,101,395 $1,376,744 $1,652,093 $1,376,744 $1,101,395 $826,047 $550,698 $275,349 $1,101,395 $11,013,954 so 'Clean Aa.ar Se,vo-es roll assist c ties vu, `,e r an' rig e'(o s 3 d o,er full o sts tr,r Banks Durham King City and North Plairs the District mill plant an additional one million trees as part of stream enlancement capital projects year over 3 year monitoring period) based on a gradually increas- d Use contractors or work crews provided through or ~J ing proportion of the 2000 population-of each city Table 1-4 out- approved by the District to conduct site preparation and lines the annual planting targets for each community from 2005- maintenance 2025 and provides the estimated total program cost The ultimate M Coordinate neighborhood and community involvement goal is to plant 2 million trees over 20 years, (community based and media for event-based streamside projects on public raj and enhancement capital projects) with a majority of the effort land Assist private landowners with technical and materi- 0 t being completed by 2015 The planting targets increase gradually al assistance from the District. each year through 2010, then gradually decline This approach ` allows the District and cities to adequately organize, staff, and ■ Have the District coordinate technical aspects of site go fund the effort, while facilitating significant implementation in the preparation, revegetatlon, and maintenance and monitor- 44 first six years Ing activities. Map 1.3 shows the priority areas along small streams, local main- 0 Have the titles provide financial, community awareness, tnnance staff well need to determine stormwater facility vegeta and pre-event mobilization support Individual cities may tion conditions Details about program implementation are pro- choose to participate in additional project elements as community group planting along Summer Creek vided in Appendix B The general outline of the Community Tree appropriate Planting Challenge is to Native tree and shrub planting can offer dramatic stream health benefits for relatively low cost, particularly on small streams The Community Tree Planting Challenge will not only increase Planting native vegetation wherever practicable along streams N Plant streams that one could step across (approximately stream canopy for temperature management and other water and stormwater facilities vvill increase stream shade, stabilize 5 feet wide or narrower) on public lands (parks, green- quality benefits, but also support community building and stew- streambanks, cycle nutrients, create habitat, provide future spaces) and on private lands with willing owners ardship, help local jurisdictions advance state Goal 5 program- sources of woody debris, and clean the air It also offers opportu- ming, enhance livability, and facilitate stormwater quantity nities for community building, education, and citizen connections 2 Plant public or private water quality and quantity facili- improvements by slowing flow through vegetated areas Each to thelr local parks and stream corridors Grassroots nvok ement ties that lack native vegetation jurisdiction will be responsible for reporting on the progress of its g~ can lower the cost of implementation and ouild support for local 0 Use bare-root and 1-gallon native trees and shrubs pro- target at regular meetings The progress of the challenge will be water quality programs vlded through the District, and plant the densities and advertised and shared with the local community The Community Tree Planting Challenge is 3 yearly performance composition outlined in the District's standards, as target number of native trees and shrubs planted and alive per appropriate Part 1 '11 Healthy Streams Action Plan 31 nks All Outfalls Priority Y , _ r- orth No He • Yes TualatinZoning selection COM ~l y FT IND 0 MFR o MUC w Verboort oar ` a rest boro CO W ® Miles 0 05 1 2 411 HWY -ornelius` > r r - ahn r ~'RN V AFB ,n~ .ti we L Riley ti _ y r , A s°r (k J - ✓ r Q av n I * 1r~ QF, D UN Eft RD DIXON-' - Farmington 9 n'A L RD - ;gyp I r PK y v~ - - r ' T. 16" BALD ARE~( \ FERRY - - Laurelwoo -,CNOLLS - Scholls Mt WASHINGTON CO 4 T ' _ w 4TUr a ' Rivergrove RIVP - _ ~ - r Note District assumes that conversion of landuse type resulted in pre-treatment Some industry/commercial sites are on ,I private land and therefore not ranked as priority f oo A , A , N f MINN=_ J Table 1-5: Stormwater Outfall Retrofit -Priority Sites with High Pollutant Load Potential Community 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total Retrofit Target Estimated Cast (avg 90kJsite) Bar ks' 0 0 0 0 0 0 0 D D o ) sD Beavenan - - _ 1 - - 1 2 2 2 S $1350000 Carnehus 0 1 - 0 0 _ _-0 D 0 7 p 0 $901 Durham' _ 0 0 0_ 0 0 0 ) 7 u 0 7 $0 Forest Grove 0 0 0 0 0 D 0 ) 7 ) 0 J s0 Now Hillsboro 1 1 1 1 1 p 0 3 $81) )00 King City, _ - - _0 _ 0 0_- - - - _0 0 7 0 0 ) 0 0 J so _ North Plains' 0 1 1 1 1 0 0 ) ) ) 0 s350 300 Portland` (in Basin) - 0 0 0 ______O 0 ) 0 ) 0 ) 0 t S') Sherwood 0_ - 1 0 0 0 7 0 ) D ) C 1 390 )00 Tigard - I 1 1 1 2 2 2 2 1 1 16 $1 440 c00 Tualatin - 0 1 - 1 - 0 - 0 ) ) ) ) 0 2 $ I8G 000 Clean Water Services 1 1 2 2 2 1 1 14 $1 160 000 Now DDOT - 0 _ 1 1 1_ - 1 1 ) ) 5 S54D )_Jo Total Retrofits 4 9 7 6 7 3 8 7 6 3 3 68 Total Cost Per Year $360,000 $810,000 $630,000 $540,000 $630,000 $720,000 8720,000 $630,000 5540000 $270,000 $270,000 $6,120,000 Ott in 2005 Dollars Clean Water Services will implement outfall projects in these cities Portland has its own NPOES permit and outfall list on 049 Stormwater treatment is currently required to reduce the urban pollutants that could be transported to local surface waters Before 01116 1991, however, Stormwater was allowed to directly discharge to streams and wetlands As part of its 1991 NPDES stormwater out- fall inventory, the District identified 106 major outfalls that dis- charge directly to streams and determined the predominant land use draining to each outfall The District then used the outfall inventory, local stormwater quality data, effective impervious cover of the outfall subwatersheds, and literature to determine which outfalls have the highest prior ty for retrofitting or enhanced sys-#A tern maintenance The District selected 68 pre-1991 outfalls as ' t high-priority capital projects, these outfalls drain commercial, - s, industrial, and high-traffic areas that have a potential high pollu- tant loading The Surface Water Management Framework and C 2000 Stormwater Management Plan also recommend developing Rl and implementing such projects 1USA 2000) Table 1-5 outlines 4'. yearly performance targets for each jurisdiction to implement end--cf-pipe outfall retrofits and/or to sign agreements for s ti tf Jai enhanced maintenance of areas that drain to the outfalls The esti- mated average capital cost per facility or initial system cleanout is ' 04) $90,000 this means some outfalls may cost more or less depend- ing on site conditions, drainage area etc Detailed costs estimates ow' should be developed at the time of implementation Details about each priority outfall are provided in Appendix B Map 1.4 shows i ~ the locations of the priority outfalls ✓ This parking area at Lattice Corp in Hillsboro has concrete pavers and a swale to manage the quality and quantity of stormwater runoff ~J The Healthy Streams Action Plan does not identify local stormwa- ter pipe or drainage ditch systems and corresponding facility may have Local jurisd c'ions should inform Clean Water Services cr 6w 1 upgrades Local drainage plans and maintenance records establish the county when and where changes are made and prop de the 64, Priorities for local capacity problems However, hydraulics models impact analysis to the surface system and uotivnstream oal.e is should include any downstream effects that local system upgrades (see Table I-1, section 9 Z) Part 1 ■ Healthy Streams Amon Plan 33 AJ Priority Culverts Score ~r t • 1 LOW Priority x ( • 2 t, W a • 3 ,7 v • 4 0 5 PTa 6 He 7 k, • 10 High Priority Non-Priority Culverts 5 NA, ` v * All other culverts s~~ r Q ® Weirs " t Fish Management Priorities + w. r r_ \ res c born CO L Ra a `K , t °a'"•~i'¢ 1 ' a ~}~a ` A 4 r L - • Yr Cutthroat Trout Other Native Resident Fish t*x~ r« ~a dPm; <.U Cornelius T~ t .r 0. teelhead a I Al 7 I♦ s r .Nag t tey / , - I ha r~ lAhW ~S' • ~~~r;?~ .J~9a~~ a .r ~ ~ ~ f `1 ay n p.Rr D"• UN ER. RD a~''( r ~'~~,~ira,U~~,~~ • ; ~~'e,: ~ a Mtn n A Farmington e,P rt,d., FERRY gib l' \ ~OIIS r ~ t `Scholls I 00 1 WASHINGTON CO }IN 4er~rove I Tual J + 5 a~atirM Rrye~' _ I~ 4110(l I~' S ,r1 120 low _ EE NO I l~ I k~';~+;.•'+'l~k.~a^n waor+r +w, i&~~d">'kit.rl, 3^rY"'~i¢i;~:xT'r" q i 61 Table 1-6: Priority Culverts Community 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016.2025 Priority Culverts Estimated Cost (avg 90k/site) Banks _ 0 0 0 0 0 0 0 0 0 0 13 _ 0 0 $0 Beaverton 3 3 3 3 3 3 3 3 3 3 3 14 47 S4 230 000 Comelius - 0 - - 0- 0 0- - 0 -0 - 0 0 0 0 -0- - p 3 S0 Durham 0 0 0 0 0 0 0 0 0 0 0 0 t SO WW Forest Grove -0 - 1 0 0 0 0 - 0 0 0 0 0 0 1 S90 000 Hdisbo'o 2 2 2 2 3 3 3 3 _ 3 3 3 _4 33 S2'?70,000 N" KingCty 0 - 0 0 0 0 0 0 0---- 0 0 - 0- 0 0 _ SO 3 39 5331000 NoF:h go Portla alai nsruaa,.n adsw 2 D 2 D 3 -3 3 2 - - 2 - - 2 2- -17 ) $0 Sherwood 0- 1 1 1 1 0 0 - 0_ --0 0 0 0 4 $360000 yard- 3 ______3 3 3 3 3 _3_ _3 3 3 - 3 16 $4410000 Tualatin - 0 - -1 1 -1 - - - 0 0 0 8 S720 u00 Washington Co 1 CWS 10 10 10 10 10 10 10 10 10 10 10 92 202 S 19 1901,00 so Total Culverts 20 23 22 23 24 23 23 22 22 21 21 139 383 Total Cost Per Year $1,800,000 $2,070,000 $1,980,000 $2,070,000 $2,160,000 $2,070,000 $2,070,000 $1,980,000 $1,980,000 $1,890,000 $1,890,000 $12,510,000 $34470,000 in 2005 Dollars Culverts Ehgible'Dr ;DC's 103 SDC Jig a e S3 2'0 030 SWM ans,rur~a gun funded S2: 2)01,0) See Detaued Priority List and Tvpe of Repa r Requued in Appendix B Culvert epa r should be funded rmh a comb nation of SWM and Transpo ration `ees and system development thXges so Culverts and bridges allow surface waters to flow under trans- Table 1.6 provides the yearly performance targets for each portation infrastructure and other built areas in the urban por- jurisdiction to Implement culvert Improvements, with an estimated tions of the Tualatin Basin, most bridges over streams are concrete average cost of `590,000 per culvert ~ with semi-natural beds, are adequately sized to convey significant Some culverts will require upsizing, while others may only need flood flows, and allow for fish passage Conversely, culverts come channel work up or down stream Detailed cost estimates should in a variety of shapes, sizes, and materials, are often undersized be developed at the time of implementation Some of the culverts for significant flood flows, frequently alter the geomorphic condi- will be repaired and funded by transportation infrastructure tlon of the stream, and limit fish passage projects If no transportation upgrades are anticipated, culverts The District evaluated 1,043 culverts and bridges in the study area that are deficient in conveyance may be funded with system Of these, 581 culverts were deficient in either conveyance or fish development charges Culverts that are deficient only in fish pas- so passage or both for some portion of the year The locations of sage or have erosion problems may be funded with surface water 0 ; A the deficient culverts were then overlain with transportation plans, management fees Details about each culvert's deficiency type and r priority watershed areas, and the location of proposed stream severity are provided in Appendix B Map 1.5 shows the locations } 1r2 i enhancement projects to determine which culverts were practica- of high-priority culvert improvements ble to retrofit, repair, or replace The District identified 383 priority 1 culverts, which were further prioritized based on the type and severity of the deficiency, the fish species present, and the miles r of stream the improvement would open for habitat Culverts such as this are barriers to fish Part I Healthy Streams Action Plan 35 Table 1-7: Overall Planning Level Costs F .r . 's. Costs Per Year in 2005 Dollars Capital .,.w Projects Community Task 2005 2006 2001" „ 2008 1009 1010 2011 L 2012 2013 2014 2015 2016-2025 Estimated Total Costs o Banks Tree Planting 4290 51,089 $2,177 $3,266 54,355 $5444 $6,532 55,444 54,355 $3266 $2177 $1089 $4355 $43,548 Stormwater Outfalls 0 SO SO SO SO SO 80 SO $0 $0 SO 50 $0 $D _ Culverts 0 SO SD $D $D $0 $0 SO $D -SO _ SO $D $0 _ $D Beaverton TreePldrhng 237030 $60153 $120306 $180459 $240612 $300,755 $360918 $300765 $240612 $180,459 $120,306 $60153 $240612 $2,406,117 Stormwater Dutfalls 15 $90000 590,000 $90 000 S90000 $90000 $180,000 S 180 000 $150000 S 180 000 $90000 S90000 SD S I 350 000 Culverts 47 $__270,000 $270,000 $270,000_ $270,000 $270000 $270,000 $270,000 $270,000 $270000 $270000 -$_270000 $1260000 54230000 Cornelius Tree Planting 30450 $7,728 515,455 $23,183 $30,910 $38,638 $46,365 $38,638 530,910 $23,183 515,455 $7,728 $30,910 5309101 Stormwater0utfalls 1 50 590,000 SO $0 $O $0 $0 SO SO $0 $0 $0 590000 Culverts 0 _ $0 SO SO _ $0 $D - SO SO - $0 _ $D__$0_ _ SO $0_ $0 Durham Tree Planting 4200 51 066 $2 132 $3198 84 263 $5,329 $6 395 $5 329 $4 263 $3,198 $2,132 $1066 $4 263 $42,635 Stormwater Outfalls 0 50 50 SO $0 SO SO 50 SO $0 $D $0 $0 $0 lip Culverts 0 50 SO SO $0 _ SO $0 $D $0 $0 $D SO $0 $0- Forest Grove Tree Planting 57390 $14,564 $29,129 $43693 $58,257 $72,822 $87386 $72,822 $58,257 543,693 $29,129 $14,564 $58,257 5582,572 11101 Stormwater Outfalls 0 $0 50 $0 SO $0 $0 $0 $0 $0 $0 $0 $0 $0 lip Culverts 1 _ SO $90000 SO $0 SO $0 SO $D_ SO_ _SO__ _ $0 SO _ $90000 Hillsboro TreePiantng 238020 $60404 $120808 $181213 $241,617 $302,021 $362,425 $302021 $241,617 $181,213 $120,808 $60,404 $241,617 $2416,167 0 StormwaterOutfalls 9 $90000 590000 $90000 $90000 $90,000 $90000 $90000 $90000 $90,000 $0 $0 SO 5810,000 _ Culverts 33 $180000 5180000 5180000 $18_0000 $270,000 5270600 $270,000 _$270,000 $270000 $270,000 $27D,000 $350000_ $2970000 King City Tree Planting 6300 51599 $3198 54796 $6395 $7,994 $9593 $7,994 $5,395 $4796 $3,198 $1599 $6,395 563,952 Stormwater Outfalls 0 50 SO 50 $0 SO SO $0 $0 SO $0 $0 $0 50 Culverts _ 0 $0 SO $0 $O - $0 $0 $0 $0 $0 __$0 5D $0 SO Nortn Plains TreePianung 4920 $1249 $2,497 53,746 $4994 $6,243 $7,492 $6243 $4,994 $3,746 $2,497 $1,249 $4994 $49943 y Stormwater0utfalls 4 50 S90 D00 $90000 590000 $90,000 50 $0 SO $0 $0 $0 50 $360,000 _ Culverts 0 $0 50 50 SO $0 50 SO $0 $0 $0 T _ $D $0 _ $0 Portland' Tree Planting 210000 $53293 $106587 $159880 $213,173 $266,467 $319760 $266,467 $213,173 $159880 $106,587 $53,293 $213,173 $2,131733 (inmaiaim9asrw StormwaterOutfalls 0 $0 SO $0 $0 SO $0 SD $0 50 50 50 $0 50 Culvets 39 _$180000 $_180000 $180,000 _ $270,000 5270000 $270000 $270,000 5180,000 $180000_ SIS0000 $180,000 $1,170,000 _ $3510,000 Sner )od Tree Planting 42150 $10697 $21393 a $32090 $42787 553484 $64180 $53,484 542,787 $32090 $21393 $10,597 542,787 5427,869 S;ormwater0utfal1S I 50 $90000 $0 $0 SO $0 SD SO SO $D $D $0 590,000 Culverts 4 $D $90000 S90000 $90 000 590,000 $0 $0 so so $0 SO $0 $360,000 Tigard Tree Planting 135390 $34359 ^$68716 $103077 $137436 5171,795 $206154 $171,795 $137,436 $103077 $68,718 $34,359 $137436 $1374,359 StormwaterOutfalls 16 $90,000 590,000 $90,000 590,000 $180,000 5180,000 $180000 $180000 $180,000 $90000 $90000 $0 $1440000 _ _Culverts 49 $270,000 $270,000 $270,000_ $270,000 8210,000 $270,000 $270000 $270,000 5270,000 $270,000 $270000 $1440000 $4410000 Tuaiatm Tree Planting 74370 $18,873 537,147 $56620 $75494 $94367 $113241 $94367 $75,494 $56,620 $37747 518873 $75494 $754938 StormwaterOutfalls 2 $0 $90000 $90000 $0 SO 50 $0 $0 $0 $0 $0 $0 $180000 Culverts 8 $0 $90000 $90,000 _ $90,000 _S90000 _ 590,000 590000 $90000 $90000_ 50 $0 $0_ _$720,000 W Clean Water Tree Planting 40490 $10275 $20,551 $30,826 541,102 551311 $51,553 $51377 $41,102 $30,826 $20551 S10,275 $41,102 $411,018 Services' StormwaterOutfalls 14 $90,000 590,D00 $90,000 $90,000 $90000 $180000 $180000 $180000 $90000 $90000 590,000 $0 $1260,000 Culverts 101 $450,000 5450,000 5450,000 5450,000 $450,000 $450,000 $450,000 $450,000 $450,000 $450000 $450,000 $4,140,000 59090,000 Stream Enhancement S1,200 000 51,200,000 51200,000 $1,200,000 $1,200000 $1200,000 $1,250000 $1,250,000 $1,250,000 $1250000 $1250,000 $12,500,000 $25,950,000 Flow Restoration $150,000 $250,000 $250000 $250000 S250000 $250000 5250000 $250000 $250000 5250000 SO 52,400,000 ODOT __Stormwater0utfalls 6 SO $90000 $90,000 $90000_$90000 $90,000 $90000 50 -$O _SD $0 $0 $540,000 Washington Culverts 101 $450,000 $450,000 5450,000 5450,000 $450,000 5450,000 5450,000 $450000 $450,000 5450000 $450,000 $4,140,000 59,090,000 County Total Capital Costs Per Year $3,785,349 $4,880,698 $4,886,047 $5,161,395 $5,616,744 $5,892,093 $5,666,744 $5,211,395 $4,846,047 $4,210,698 $3,935,349 $26,111,395 $80,203,954 Total Policy and Program Refinement Options Costs $0 $828,000 $765,000 $715,000 $712,000 $712,000 $712,000 $712,000 $712,000 $712,000 $712,000 7,120,000 $14,412,000 Total Overall Costs/Year for 20 years (2005 Dollars) $3,785,349 $5,708,698 $5,651,047 $5,876,395 $6,328,744 $6,604,093 $6,378,744 $5,923,395 $5,558,047 $4,922,698 $4,647,349 $33,231,395 $94,615,954 Funding Sources Total Resources Needs SDC Eligible Projects $9,270,000 Total SWM fee funded elements $75,665,954 Transportation Funded Projects $9,630000 Cost already funded under existing SWM program $30,083,000 SWM Fee Funded Capital $61,053 954 SWM Fee Funded Operating $14,612,000 Total additional funds needed for HSP over 20 year program $45,582,954 36 Healthy Streams Plan + Clr ".e'er Se,, ce, I - - Implementation and The estimated overall cost to implement all aspects of the Healthy Monitoring Streams Action Plan is S95 million over 20 years Table 1-7 shows the planning level costs in 200S dollars of each major Action Plan Implementation of the Healthy Streams Action Plan requires a element, by jurisdiction The cost table is based on average condi- flexible management approach that can adapt to changes in tions for all actions, policies, and programs in 2005, most projects staffing, funding, partners, policies, regulations, and watershed/ will be more or less expensive depending on site conditions and stream conditions A successful plan will consistently ensure final project scope Implementation of the Action Plan is focused one on completing over half of the priorities by 2010 Greater effort as in the first quarter of the Action Plan timeframe will generate ■ Efficient use of surface water management funds over time compounding benefits over the remaining 15 years Activity will we ■ Commitment of local jurisdictions and community members gradually level off or even decline as the surface water system is we to meet their assigned targets improved and becomes more self-sustaining to 0 Monitoring effectiveness The Action Plan will be funded predominantly by surface water management fees Some culvert repairs will also eligible to use ■ A self evaluating adaptive management process system development charges and transportation funds The District and local jurisdictions have approximately $12 million in surface water management fee balances and contingency and 111108 The Healthy Streams Plan is a voluntary water master plan that $16 million in system development charges as of June 200a lists poliaes and programs, and suggests projects that will further we These funds can be used to start the implementation, but a future improve the health of our water resources Approval and ample- surface water management fee increase will be necessary to mentation of the Plan by the District and local jurisdictions does no not obligate them to implement all the actions identified, nor support the Action Plan we does it change the current funding and obligations of the existing The District and local jurisdictions have spent their funds judicious- we surface water management program For the Cities, the Plan was ly and have anticipated that Acton Plan implementation will draw we designed to encourage steady consistent progress towards per- upon the reserve funds As presented in Table 11-7, the surface formance targets for trees, culverts, and outfalls Working within water management program is funded at a modest level relative so the context of existing program activities the Plan brings focus to to similar jurisdictions in the state The public values survey found me certain needs, while providing the Cities with the flexibility to over 90 percent of the respondents consistently willing to support we determine the timing and scope of projects so that they fit within a fee increase of $1 to $2 per month With rising operating costs, their existing programs For the District, projects and programs yearly inflation, increasingly strict regulatory mandates, and the 00 proposed will also be tracked to show steady progress Due to depletion of reserves to aggressively implement the Action Plan, so various implementation circumstances, project listed may change the buying power of the surface water management fees is and policies and programs further refined to meet the overall declining A modest rate increase that will hedge against inflation- ntent of improving stream health As projects are scoped, more ary pressures over time and provide adequate funding to mple- detailed timelines, cost estimates, and funding will be developed ment the Action Plans recommended so 00 Funding Commitment to act No Managing surface and stormwater can be a complex and expen- Commitment to implementing the Action Plans needed at all 00, sive public program if managers attempt to address all problems, levels - from mayors and managers to maintenance staff While OR everywhere The Healthy Streams Plan process was designed to Board adoption provides important formal recognition of the s. identify and focus on the actions that offer increasing environ- Action Plan, staff commitment will detelm ne the Acton Plan's mental value for the dollar spent The Action Plan meets federal long-term success Clean Water Act and Endangered Species Act goals and supports Assurances to implement the Action Plan involve commitments complementary environmental/land use goals (such as Statewide by Clean Water Services and the local jurisdictions to provide Planning Goals 5, 6, and 7) by allocating funds to projects and necessary services and funding Most of the activities can be programs that will improve natural resource conditions over time implemented without IGA's Project specific IGA's that involve cost 00 The Action Plan avoids high-cost, low-benefit projects and apples share or other agreements can be developed at the time of imple- AD a graduated scale of expected resource improvements, based on mentation The District is willing to provide training on project existing watershed conditions implementation as requested by the Cities Funding and service 1114 OR to Part 1 ■ Healthy Streams Action Plan 37 guarantees would be required by NOAH (National Oceanic and policy and program refinements and capital project implementa- Atmospheric Administration) if the District and local jurisdictions ton, starting in 2010 The SWM Team will be responsible for decide to submit the Healthy Streams Plan as a Habitat reporting progress and recommending any adjustments a Conservation Plan to obtain limited liability status under the Endangered Species Act A "SWM Team" is proposed to foster commitment to implement- Adaptive Management ng the Acton Plan, as well as other SWM-related activities The Adaptive management is the process of planning, implementing, team will include staff members from the local jurisdictions and monitoring, and adjusting actions in an effort to meet a desired the District and will meet quarterly to report on the status of their goal The SWIM Team and status reporting described above will activities Yearly SWIM status reports will be distributed to all city facilitate an adaptive management strategy for the Healthy 00 managers, other interested staff, and stakeholders News media Streams Plan Elements of the Plan will inevitably change, but the as will be engaged to focus attention on implementation successes staff members who implement the Plan will be in a position to Managers will be asked to make the performance targets a readily adapt to changing conditions Adaptive management so priority in their work and the work of their staff A fundamental will allow Clean Water Services and the local jurisdictions to sys-10101 awareness and commitment to implementing the Action Plan is temat tally adjust actions over time as they gain implementation ON needed to create the critical mass necessary to achieve the tar- experience and knowledge This approach will help the watershed gets Consistent and continuous action by dedicated individuals community stay on course toward improving watershed and so will be crucial to achieving long-term success stream health so go Monitoring so i~ To monitor the Action Plan's effectiveness, baseline conditions must be established For the Healthy Streams Plan, baseline conditions for the streams' physical attributes were documented a in 2000.2001 as part of the planning process Continuous, long- term monitoring of water quality and flow, and periodic monitor- ing of biological communities and physical habitat conditions, are also relevant The District already implements an extensive monitoring program in the Tualatin Basin (see Part II, Chapter 3), and is currently reviewing the program to determine if additional or different monitoring activities will advance the understanding of the system's ecology it is important to document changes in water quality, quantity, and habitat conditions over time, as well as to identify the likely 61111111111111111 causes, so best management practices can be adjusted Table 1.1, section 8 0, identifies monitoring physical and biological attributes 410 of the system and lists project-specific monitoring activities 1101111111111111 These options may become part of the comprehensive monitoring program or stand alone as independent short-term projects In addition to resource monitoring, action monitoring is also necessary The District and Cities have databases and GIS systems that will be used for tracking the location, actions, and costs on law various project sites This will be particularly helpful for monitoring Will tree planting and enhancement actions Creating an institutional memory regarding activities on various sites improves long term 011 commitment to their success ow To ensure that the surface water management program continues 40 to advance positively the District will periodically reevaluate the 409 join 38 Healthy Streams Plan ■ Clean V,a'er>e,aue, Tigard City Council Verbatim Transcript of March 28, 2006 Discussion on Agenda Item No. 9 MAYOR DIRKSEN: Agenda Item No. 9 is to consider action to terminate the Urban Services Intergovernmental Agreement with Washington County and I've asked our Interim Community Development Director Tom Coffee (tape being changed) INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: Mr. Mayor when you asked about the history, I thought that first of all, I've only been here six months so I don't know a lot of history about this agreement. But MAYOR DIRKSEN: It might give you a nice objective. INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: Exactly. So I thought about the meeting that we had attended the day at the County where in their work session they were talking about this same topic and I may be stealing some of Craig's thunder. Commissioner Roy Rogers pointed out some of the background on this and indicated that when this was first initiated in '97, and again what we are talking about is an intergovernmental agreement with Washington County and the City of Tigard that, in which the County contracted with the City the review of development in the urban services area, which is the area between the city limits and the urban growth boundary. And in the Bull Mountain area. And they also contracted the building permitting process and initially, road maintenance. Now road maintenance was reverted back to the County a couple of years ago because of the costs of that program. So what is still in place is the fact that when someone wants to develop their property or create a subdivision they come to the city rather than go to the county, even though it's in the unincorporated area. Typically when those properties are contiguous to the city they will annex simultaneously with that review and then they come up to the City's review for building permits. There are some instances where subdivisions have been reviewed and approved that are not contiguous to the city but still within that area but there're very few of those. That was the agreement that was entered into in '97 and from Commissioner Rogers' comments today the reasons for doing that were twofold. First, the idea was that, since people in that area who owned property or homes, lived closed to Tigard than Hillsboro, it would be more convenient for them to do business in Tigard City Hall than the courthouse in Hillsboro. The other aspect of that was that the county had recognized, along with the city, that that area would likely be part of Tigard at sometime in the future. In fact is that the Urban Planning Agreement that states that. It also states that the county would not object to any annexations in that area. So in '97 the thought was, ultimately at some point in the future, the city would be annexing all the way out to the urban growth boundary, and therefore, it made sense for that area to become associated with the city to development projects and building permit issuance. Since '97 a lot of those projects have been reviewed by the city and have been approved. Some have been controversial, as a lot of planned development issues are. And we're to the point now where most of those developable properties have been reviewed and approved and have been developed. Most of the remaining land is already subdivided and urbanized and it was done that way by the county over the years prior to '97. There's also been the issue of Bull Mountain and whether it would come into the city or not - that whole annexation process Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 1 that we had - and now, discussion by some Bull Mountain residents about incorporating and forming a city. In fact, it was a letter from Bull Mountain residents asking the County over a month ago to terminate the agreement that prompted the county's review of this agreement and the city's review of it. And what has happened since then is that the county, in their work session today, and actually, this evening, had talked about considering terminating the agreement because the need for it does not appear to be there anymore. There's little land left for development out there. The idea that someday the city would annex to the urban growth boundary has become less and less likely given the development patterns and the various annexations. And so the feeling is, while there is continued interest in coordination with the county, the need for this agreement no longer exists. And it does not affect the annexation process. The annexation process always has been separate from these agreements and could continue if there were properties contiguous to the city that want to annex to Tigard then that could still occur. So, that's my understanding of the evolution of this agreement which made some sense in '97, was renewed in 2002, but in 2006, given the change in circumstances and the amount of land left to be developed under it, both the city and county are considering terminating that agreement. Provisions within the agreement says that notice has to be given - 90-day notice - prior to July 1", so we have to do it this week. During that time we would expect the city and county staff to work on the transition if it was terminated by both, well, actually, only one party can terminate it, but we both do it. If we follow through with the county's staff and talk about transition and reverting that authority back to the county. That's how I understand where we are and why we are here tonight talking about possible termination. If you have any questions, I'll try to answer them. CITY MANAGER PROSSER: And if I can pick up on there, as Tom indicated that's kind of the process where we are. There was a letter from Friends of Bull Mountain, dated February 24`h to the county. They did not provide a copy of this to the city. The county provided this to us, requesting the county terminate this agreement. There are several points that they included in their letter which are factually incorrect and I do want to set the record straight. They've indicated that we have withheld building permits. We have not. And occupancy permits. There was one case where we did withhold an occupancy permit. That was for Alberta Rider School and that was part of a larger problem with the project management of that school. There was a problem. The project manager was not getting building permits until after the fact. There was a whole, long series of issues. As part of the land use approval for that school there was a requirement which the school district did agree to, to annex to the city. And so we did have to start talking to them about their occupancy permit to make sure that they were complying with all of the conditions that they had agreed to. This letter states that we have collected System Development Charges and have not accounted for such funds. That is absolutely incorrect. We do budget for those funds; we do account for them. Their concern that the city has collected Traffic Impact Fees and used that money to make improvements within the city. In point of fact, we have done that, with the approval of the county, on those roads that serve the mountain and help residents access their residential areas and get back and forth to areas within the city. That was envisioned when the Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 2 agreement was entered into and it was perfectly appropriate. The county has said that is an appropriate... several of the Friends have raised these issues ...we have provided these accounting... all of these funds to the Friends numerous times. And to have them say that we do not account for that is a pretty startling statement. They've said that we've disregarded the requirements of the Bull Mountain Community Plan. And again, that is incorrect. If you look at the development pattern that is existing up there, that is exactly what was provided for in the Bull Mountain Community Plan. Having higher density areas on the lower part of the mountain and lesser density on the upper part. And their concern that we have not provided parks within the city. That is part of a larger issue and this Council well knows we are proceeding now and do have a list of projects, excuse me, properties that we are pursuing. Finally, one of the major points here that they indicate in their letter as why they want the county to terminate this agreement is because that will stop any city annexations in that area. That is absolutely incorrect. As property owners continue to come to us and voluntarily request annexation, we will process those and we will bring them to Council for a decision. So this agreement really has no impact or affect on annexation one way or the other. As Tom indicated, the County Commission did consider this this afternoon in a work session and Tom and I were in attendance. And then they had their regular business meeting this evening and Liz was there so Liz can report on what happened there. I have no idea what she has to report. I will say that, as Tom indicated, both Commissioner Rogers and Chair Brian talked about this long partnership between the city and the county and quite honestly, they were very complimentary about the partnership and the city, particularly former Mayors Nicoli and Griffith and Mayor Dirksen. They felt rather positive about that. They've indicated that because of changes in land use laws, annexation laws and tax laws that it's time to reexamine this agreement. We think that's appropriate. One statement that they did make that quite honestly, is a little bit puzzling, is they'd indicated that they don't really want to terminate the agreement but they would like to talk to us about amendments to the agreement. They said that unfortunately, with the way the agreement is written, there is no way to amend the agreement without terminating it, and I do note that in Section 4.d it specifically provides for amendments, so I'm not sure exactly where they were going with that statement. They did make real clear, that terminating this agreement has no impact on the Urban Services Agreement which does designate that areas within the future interest area of the City of Tigard and that it will continue to be so. Both Commissioner Rogers and Chair Brian indicated that they have no interest in reexamining that basic underlying agreement with the city. So that's what was discussed at the work session and maybe Liz can take it to the next level. ASSISTANT TO THE CITY MANAGER NEWTON: Thank you, Craig. As Craig mentioned I did attend the meeting that they had on this issue. It actually wasn't a public hearing but they did allow me to speak. I printed out the section on amendments in the agreement and then summarized, really quickly, the issues that Craig highlighted in the Bull Mountain letter. As Craig said, Commissioner Rogers and Chair Brian reiterated many of the comments that Craig's already spoken to you about, focusing on the positive Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 3 r partnerships. One thing Commissioner Rogers did mention was that the current IGA only includes part of the area now, because of 63 and 64, I'm assuming he meant. And Tom talked about the partnerships and the changes that have occurred. I did hand out the draft letter. I mentioned to the Commission that you were also considering the issue this evening. They had heard about the letter that you are considering. I emphasized that it was a draft and then did pass that out. They did, on a 4-0 vote, they did direct the County Counsel to provide Tigard with written notice of termination, effective July 1, and then begin negotiations on a possible modified agreement. CITY MANAGER PROSSER: Also, I'm sorry, I forgot to mention this, too. I did pick up copies of the staff report that went with this. So I have copies here for the Council. One of the issues that the County has indicated that they are concerned about is when the county and the city first entered into this agreement, the county modified zoning designations on the mountain to the closest available designation within the city. One of the things that is a point of confusion, I think for everybody, is zoning designations are not necessarily consistent from jurisdiction to jurisdiction. For us, zoning designations indicate, like an R4.5 indicates the number of units per acre. Some jurisdictions, for example an R-5 would indicate 5,000 square-foot lots. So it is totally opposite. There's no standardization on this. The County used their lowest designations for the mountain when they assigned.zoning for that area originally. They weren't... When they adopted the zoning that matched the City's zoning it wasn't exactly one to one but they did choose the zoning that was the closest. Interestingly enough, our R-7, I want to make sure I get the right number, and their R-6 you would think it was lower density in the County. But in fact, when the County staff looked at this they found that the way we calculated things was different. So actually, our zoning designations are less dense than what is available in the county code. So there wasn't an added advantage to the mountain. In undoing this agreement the County's going to have to switch all those zoning codes back to what they were in the county. Some other codes that they would have to repeal would go back to the county. What they are concerned about is their ability, just pure procedurally, to get through that process within 90 days. So they are interested, as I understand, in talking to us about setting a different termination date than July 1. Then I was also hearing that maybe it's a different basic group of agreements, for example, Commissioner Rogers informally mentioned to me the possibility of the city assuming responsibility once again for those agreements. I told him I really didn't think we'd be interested in that at all. I think one of our issues here is that we're going to need to hear from the County if they do, in fact, want a different agreement, what are the provisions. And at this point we really don't know. ASSISTANT TO THE CITY MANAGER NEWTON: One other thing I should mention that Chair Brian wanted to clarify that, although they did receive the letter from Bull Mountain, they had directed staff right before the holidays to begin analyzing this. So although they did get the letter it was not necessarily the emphasis for them. So they wanted to make sure that I passed on to you how they appreciated the partnership. COUNCILOR WOODRUFF: Is it correct to say that any action we're taking tonight would be purely symbolic because they have already made this decision and it only takes one person to terminate this agreement with a 90-day notice. So our action tonight is just whether or 'T'ranscript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 4 not we agree with that termination. So it's not up to us to terminate it or not. It's really, in effect, been terminated by the action they've taken tonight. MAYOR DIRKSEN: Assuming that, not being present we don't know what actual action they're taking this evening but we can assume that is the case. ASSISTANT TO THE CITY MANAGER NEWTON: That was the vote. MAYOR DIRKSEN: When was this? ASSISTANT TO THE CITY MANAGER NEWTON: Tonight. MAYOR DIRKSEN: What time? ASSISTANT TO THE CITY MANAGER NEWTON: 7:30 MAYOR DIRKSEN: OK. And was this the recommendation of staff? Was that the actual... ? INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: They were there to direct Counsel, their Counsel to provide notice to the City MAYOR DIRKSEN: The reason I ask is that there was a cover letter of recommendations here and I was wondering whether this recommendation was what the County Commission actually.had. CITY MANAGER PROSSER: We were moving rather rapidly this afternoon. COUNCILOR SHERWOOD: Both of those say to enter into negotiations. ASSISTANT TO THE CITY MANAGER NEWTON: Basically, it was number one. Here. COUNCILOR SHERWOOD: OK INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: And I think their intent is then to terminate this agreement and then enter into negotiations about any other agreements we might want to have with the county on the provision of services. It may be as simple as, "The city shall continue for 90 days past July 1", simply to allow them to make their changes. It might be that simple. It may be more comprehensive. The important thing is for both parties, I would suggest, to make it clean, terminate the agreement. Then this 90 days is when staffs can talk about how to supplement this agreement and make the transition smooth and bring those back to the Council, respective Councils and Commissioners, to adopt as appropriate. I think it's clean to terminate from both perspectives. Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 5 COUNCILOR SHERWOOD: And I also would point out that, remember, they had your draft letter in front on them. So they knew you were talking about this tonight as well. The indications were to them that you were leaning... MAYOR DIRKSEN: Did they have any comments on that draft letter? ASSISTANT TO THE CITY MANAGER NEWTON: Not specifically. They looked at it and talked a lot about the partnerships and so.. MAYOR DIRKSEN: I know that I talked to Chair Brian and also Commissioner Rogers a couple of times a week, this week, with regard to this issue and, in talking to Commissioner Rogers in particular, he was very strong in his statement regarding being complimentary to the city and the job that we have done and that the termination of the agreement doesn't have anything to do with any criticism that the County would have with regard to what we've done. And I know that other statements have been made in the recent past by Commissioners and by County staff with regard to how the City has handled development application and whatnot. ASSISTANT TO THE CITY MANAGER NEWTON: That's definitely, after this evening, they wanted to make sure that I passed on to the Council that they were very appreciative of the partnership and thought very highly of the relationship and it was important to them. MAYOR DIRKSEN: Chair Brian, today speaking to me, wanted to make it really clear that, while the letter from the Friends was coincidental, that this is actually part of the discussion that had gone back several months. That it is not caused by the Bull Mountain letter. COUNCILOR HARDING: Oh, well that's not their first indication of wanting to terminate that agreement. But I'm a little bit frustrated looking at this as a draft and not knowing that it was actually sent. Liz is sharing with us now that this letter was presented tonight. ASSISTANT TO THE CITY MANAGER NEWTON: It was distributed, it's a public document, the press had it... the County staff had requested it. CITY MANAGER PROSSER: The letter was posted on our website with the agenda packet. The press had requested copies of it. We thought it was only fair to let the county see it, too. MAYOR DIRKSEN: But it was still a draft. ASSISTANT TO THE CITY MANAGER NEWTON: I made sure they understood that. MAYOR DIRKSEN: We needed to discuss tonight. As Tom said, it's kind of... it's a, I wouldn't say a moot point, but it's a forgone conclusion that this is going to happen. But I think it's very appropriate that both agencies, both make its move at the same time. And so I would suggest that we go forward with this letter and as a Council we still need to review it. There is ample opportunity to make changes .....over the timeline not very long. Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 6 INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: As an alternative to the letter, you can simply do what the County did, which would be to direct Council or staff to send notice. Could be very short and to the point. If the letter is something that you would rather not send, it can be very simple, as what the County did, too. MAYOR DIRKSEN: I would recommend that moving forward with the action to notify the county to terminate the agreement either by just notification or by the letter. We just need to decide how we want to do that. COUNCILOR WOODRUFF: I think there has been discussion about this in the past and I feel like we've sort of defended this and thought that it was a service that we were providing to the people here and it seems like it just happened quickly. I didn't feel like I really got my arms around this and I think that, whether the timing is there or not, I think it's going to appear to the community that this decision is related to pressure from the Friends of Bull Mountain. And that it does, with it, indicate that we have taken a different position than we have expressed for several years in terms of what our interest is in this area. I know you've made the point that this does not relate to our willingness or interest in continuing to annex. But it sounds like the letter that was written was full of things that were not true and we're kind of making the assumption that we needed to get out of the way because we were creating problems. And I don't like getting beat up repeatedly, that we're not doing the job that we should be doing in this planning or the work with the building process. So I don't mind giving that part to the County; let the County handle that. But I do think that it has the potential effect of no matter what you say the facts are, the impression is that's what the result of this is just because of the timing. MAYOR DIRKSEN: I don't know how to avoid that. COUNCILOR SHERWOOD: I don't either. And I had a long conversation with Tom Brian today also talking to me about what a good job we did and continue to do and they want us still to do. My thoughts to him were, I'd rather spend our time working on the comp plan and direct our staff to work within the City of Tigard and to do all the things that we've got coming down the pike with urban renewal, with the comp plan, with things going on in our own city and just do our concentration there. COUNCILOR WOODRUFF: It still doesn't stop the potential that it would be work related to requests for annexation or, I mean we made a decision that we would be, I don't know what the term was, proactive-plus or something. We would let people know that we were interested although we don't want to have an aggressive stance with this so there still could be time. And my understanding all along with this is that it was a cost-neutral issue for us as a city to do this. Because we were getting the permit costs as these applications came in and now that we're not getting those and there's not very many left to come because the buildable land has been there. There's no effect on our staffing as a result of this? CITY MANAGER PROSSER: In the proposed budget because of the, quite honestly, because of the schedule that we're on to get the thing published in time for the budget hearings the proposed budget actually will contain two new positions for the building division - an inspector and a plans review person because their work load was getting to the point where they needed that and because it was all fee supported. If this is terminated as it Transcript from March 28, 2006 "Tigard City Council Meeting - Agenda Item No. 9 7 sounds like it has been, when we get to the Budget Committee the first thing we'll do is say we don't need those two positions. So there's two positions that will be cut out of the budget. COUNCILOR WOODRUFF: Revenue will go down and expenses... CITY MANAGER PROSSER: Yeah. COUNCILOR HARDING: But are there any positions that will be eliminated? CITY MANAGER PROSSER: If this.. COUNCILOR HARDING: Not proposed new ones ...ones that exist. CITY MANAGER PROSSER: No. Because we are adding positions because of the work load, we don't need to add positions. The work load is still there within the city. And no, there are no position cuts. It's avoiding adding new positions. MAYOR DIRKSEN: After the fact we will have to review what's happening and consider for the future what might need to be done but at present we don't see that it will be necessary to reduce any city staff. CITY MANAGER PROSSER: And I might add, if the termination date is delayed then we might have to fill those positions on a temporary basis or, more likely I would say, probably contract it out because from July on there might be some work that we need to get done and we can't cover without additional staff. COUNCILOR WOODRUFF: If it's really budget neutral, because of revenues... CITY MANAGER PROSSER: It truly is. When this started we created the Urban Services Fund to account for these monies coming in separately. Quite honestly, when I got here to the city, seven years ago or whenever it was, one of the first things I did was look at the fund. It was not cost neutral at that time and we needed to get additional funding from the county to make it whole. From that point on we adjusted fees. It is now cost neutral. And we make sure it stays that way. COUNCILOR WOODRUFF: Just for clarifications, so if this were to go through, and beginning in July, anybody that wanted to have a plan approved, or anything related to their building or development or building complaint, anything related to that - they would need to go out to.. CITY MANAGER PROSSER: Hillsboro COUNCILOR WOODRUFF: to get that resolved. Anybody coming to us with that question, we would just be referring them out there ...if they are outside the city limits. INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: For example, if they want to build a ham radio tower, they would go to Hillsboro. Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 8 MAYOR DIRKSEN: Or build a new fence CITY MANAGER PROSSER: Or build a new fence. They'd go to Hillsboro. COUNCILOR HARDING: I'm sorry this process has been, you know, between a few, or so it seems. It hasn't been, you know, there may be some that are happy with the way things are as well. I don't like being blindsided with this. Although ...if the County just wants to come out and say, "We want to terminate this," I wouldn't argue with it. It was presented to Council nearly a year ago with Jim Hendryx and posed to us as, you know, would Council like to direct staff at exploring terminating the agreement. When I asked to get a copy of it because none of us even had a copy. And then nothing really came of it and it sat quiet. And Friday somebody approached me and said, "What do you think of the meeting between Nick Wilson and the Mayor and blah, blah blah, and I don't know anything about that." And Mayor, I would like to know what happened at the meeting with Commissioners Brian and Rogers. I'm sitting here going, I feel like I don't have all the pieces to this. I'm not going to argue with terminating it but I really would like to have everything on the table. We don't really have any reports other than this resolution that Liz just brought from the county and its like, boom - all of the sudden. I'm getting this without all the background and it really bothers me. It really does. Why was it worked this way? It's troubling. CITY MANAGER PROSSER: Well, one piece of extreme background, if the Mayor wants to address the meeting, that's fine. But Tom had indicated that the county actually had started the review of the intergovernmental agreement last... INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: It was last October or November. CITY MANAGER PROSSER: October or November. We heard about it. We didn't get any formal notice and Tom started calling Kathy Lehtola at Land Use and Transportation, the Director of that department, and what we were told at that time is, `Oh, this is nothing. It is just a routine review. We're not planning on taking any action." And Tom had a couple of conversations with Kathy and that's what we were hearing. And that is consistently what we were hearing until just before we left for the National League of Cities and that's when we heard that there had been a letter from the Friends of Bull Mountain requesting termination. At that time, before I left for the National League of Cities I asked Tom to look into it. And that's when things started heating up from the staff side. MAYOR DIRKSEN: Commissioner Rogers and Chair Brian asked if Mr. Prosser and Councilor Wilson and I would meet with them for a breakfast meeting and he really didn't give us a heads up on what the meeting would be about, just in general. At the meeting we actually did discuss several different issues and one of those being the IGA and they did ask, I think the phrase was, "would it give anybody in the city any heartburn," I think was the term that Commissioner Rogers used, "if the county were to proceed with terminating the agreement." And I think our general response was, because we could only offer our own personal opinions at the time, and stated that we actually talked about it ourselves and the need for the agreement and whether that should move forward or not. And we had Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 9 considered having staff look at it and moving forward with it. So, in general, "No, but we need to talk about it." And then that was the basis of that meeting. I can't remember... That was basically it, wasn't it? CITY MANAGER PROSSER: They also did talk about the proposal to form a new city out there. They expressed a lot of concern about the amount of pressure they are getting from the Friends of Bull Mountain. They did indicate that if that proposal comes to them they are likely to place it on the ballot even if it's just minimal- to meet standards. INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: When this discussion developed and Craig asked us to look into it, from staff's perspective you look at this agreement and understand historically why it was put in place in '97. But if you look at what interest it has to the city at this point in time, we could come up with no real interest for the city. What we were doing is basically processing land use applications, which was fine. We got the revenue for it and it was passed through and all that. But it wasn't, those actions weren't directed towards some outcome, that was necessarily beneficial to the city other than, making it according to our code, and potentially annexing. It wasn't moving us toward realizing the goal of incorporating to our urban growth boundary or achieving that end. Because that was a separate process. It wasn't governed by this and so staff concluded that this process, this agreement, had really outlived its purpose and wasn't benefiting the city in any way. That was our assessment of it and that has contributed to the discussions going on both at the county and here. COUNCILOR WOODRUFF: It is set to expire in September of 2007 anyway. INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: It's five year increments, right. And the problem is that the timing again is difficult, because between, you have to give 90 days notice, effective the following July 1't so you have this window within which you must act. We must act this week if we want to say anything, basically. The county had it on their radar screen obviously longer than we did and were evaluating it. But here we are. COUNCILOR HARDING: Again, it was on our radar screen a year ago when Jim came to us with that. I do think it's in our best interest to cut it because of the fact that we get blamed for a lot of things. I'm not saying we're perfect because we have made mistakes. However, I think it would be best for those in the unincorporated areas to be able to take their complaints and go to the county with those than come to Tigard, where there is this conflict and power struggle that seems to go on and on. And it's just not in our best interest to be spending so much time and energy on that so I have no reservation or quarrel with saying, "cut it off" I would. Let them... They think they are a city, then let them act like one. They said they wanted to plan 63 and 4. Hopefully, those who live in the unincorporated areas will take the County to task and say, "Look, if you want to provide this, then get with the program or else." In turn the county will look at them and say, "You guys need to get with the program and get incorporated and do A, B, C, D, E, F G. Here's your timeline; get with the program yourself." So I think its best that we wash our hands of this for now while this conflict goes on and let them sort out the issues. And not let us be involved and get all the mud thrown on us. Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 10 COUNCILOR HARDING: As Sydney mentioned we've got urban renewal to look at, we've got our comp plan to update, and why not be the best that we can be within the boundaries that we have right now? And show people what we're good for. COUNCILOR WOODRUFF: It's all true. But it's not going to stop the conflict the next time that there is somebody that wants to annex to Tigard. Opposition to that that will come out against this, staff time that goes into that. So I don't know how many of those are down around the corner as possibilities but, unfortunately, that conflict will still continue. COUNCILOR HARDING: It may not. I think the basis on the conflict has been because these groups have to annex in order to "get permits". But if that piece goes away then what leg are they going to stand on? CITY MANAGER PROSSER: And the issue is that they've never had to annex to get building permits. That is a false issue raised by the Friends. They do have to...when they come in for development approval we do talk to them about annexing. All the recent annexations we've had, as you are well aware, all the property owners there have testified that they are annexing voluntarily. The Friends don't believe it. I don't know what we can....when someone tells them something and they don't believe it... I don't know what you can do to convince them. But they've all testified it didn't matter what sort of requirements are there; they wanted to annex. Once the development is approved and they have the authority to start building, we issue building permits. Building permits have never been involved in an annexation. That's a false issue that has been raised by the Friends. COUNCILOR HARDING: Although in the bigger scheme of things, when we look at city's proper, county's proper, etc. typically speaking, that would be the natural order of things. And it has happened across the nation. And of course last year we had a change in legislation in Oregon that makes things a little bit different. But normally your counties would have had that as a mandate anyway. Change in tapes CITY MANAGER PROSSER: And I think you bring up a very good point. The county policy for twenty-some years is that they will not be an urban services provider. And yet, even though that's the policy, the county allows urban development in unincorporated areas. And so, they kind of become defacto urban services provider unless they can get cities to extend services to those areas. And that sets up an inherent conflict. In many ways it is clearly not fair to the cities that they're looking to provide that. And quite honestly, it's not fair to the citizens in those unincorporated urban areas if there are false expectations that have been set up and we're paying the price now. COUNCILOR SHERWOOD: And I can remember after living up there seventeen years in the unincorporated area when several developers held huge areas of land up there and wanted to develop with smaller lots instead of the 1/3 acres or junior acres which was about all a septic tank could hold up there. They said we'll bring in sewer, we'll pay for the sewer and that's when it just started snowballing, going downhill and the County couldn't back out of providing the services. I remember holding the County's hand to the fire about resurfacing the street up there when it fell apart. Transcript from March 28, 2006 Tigard City Council Meeting- Agenda Item No. 9 11 COUNCILOR HARDING: Let me remark on that. It was previously mentioned that the County took back street maintenance two years ago. Is that correct? CITY MANAGER PROSSER: Actually, we gave it back. That was a loss leader. COUNCILOR HARDING: And we held the urban traffic impact fees in our accounts? CITY MANAGER PROSSER: What we gave back was road maintenance. The traffic impact fees are for road improvement to accommodate growth. And where we have spent those are on things like Gaarde Street and those major thoroughfares that people need to get up and down the mountain. COUNCILOR WOODRUFF: We also have projects in place right now for the intersection of Bull Mountain Road and 99W. COUNCILOR HARDING: Is that going to be 100% from the urban traffic impact fees? CITY MANAGER PROSSER: To be honest with you I don't remember the number. MAYOR DIRKSEN: But it is inside the city. COUNCILOR HARDING: It is inside the city and that's what makes me wonder. Because know I've seen Rorshak Road on the radar for awhile. Have we done other improvements with that fund? CITY MANAGER PROSSER: Oh, sure. A lot of them. COUNCILOR HARDING: Bull Mountain proper, on the hill... CITY MANAGER PROSSER: Part of the issue is that we collect that money and it doesn't get spent right away and so the areas that we have collected it from then annex, and then yes, we used part of that money on Gaarde Road improvements. Part of that was unincorporated when we collected the money. So, I can't sit here right now and give you the whole... We have provided that list to the Friends multiple times and we can certainly pull it out again. We've got the lists. MAYOR DIRKSEN: I know that Councilor Woodruff said that controversy is not necessarily going to go away. And that is certainly true. But if there's one thing I've learned sitting in one of these chairs is that no matter what we do, what decision you make, there is someone who won't like it. COUNCILOR HARDING: It's not a chair, Craig, it's a hot seat! MAYOR DIRKSEN: I think it's a bad idea to try to run a city or pass legislation based on trying to avoid controversy. We have to move forward with what your vision is, what's right and what needs to be done. If people disagree with that vision then they don't vote for you. That's the way the system works. 't'ranscript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 12 COUNCILOR WOODRUFF: Well, I wasn't suggesting that we should be getting away from controversy; I was saying that this action was not going to take us away from controversy. COUNCILOR HARDING: And there may still be some who are not in the interest of terminating this. But that's the unfortunate part of this. I wish the County were here at the table with us, citizens at the table, and unincorporated residents at the table. It would be helpful to have had a joint effort among all and I'm sorry that it's not done in a clear communication... COUNCILOR WOODRUFF: I'm sure there will be people driving on Tualatin-Valley Highway that are shaking their fists that they have to go to Hillsboro now because... But I would make a motion that we direct staff that we move ahead with this termination and see if there's any other modified agreements that may be a part of this. MAYOR DIRKSEN: Do we want to include the letter. Has everyone reviewed this letter? Is it acceptable to everybody. (cross talk) COUNCILOR HARDING: There's less to get involved with if we just keep it short and sweet and to the point. MAYOR DIRKSEN: Just tell staff to notify the county? COUNCILOR WOODRUFF: That's right. COUNCILOR HARDING: I think that's simplest... MAYOR DIRKSEN: I don't have a problem with that. COUNCILOR HARDING: Let's focus on our comp plan and urban renewal and making Tigard the best it can be: MAYOR DIRKSEN: We will do this with a motion, I assume. Did you make the motion? COUNCILOR WOODRUFF: I have. COUNCILOR SHERWOOD: I'll second it. MAYOR DIRKSEN: We'll ask the City Recorder if she... CITY RECORDER WHEATLEY: May I repeat it? Councilor Woodruff moved to go ahead with the termination of the agreement and to work with the County to see if there are any other modifications that might be made to the agreement. Councilor Sherwood seconded. Transcript from March 28, 2006 Tigard City Council Meeting - Agenda Item No. 9 13 COUNCILOR WOODRUFF: ...direct staff to negotiate with the County. CITY RECORDER WHEATLEY: ok, on modifications? COUNCILOR WOODRUFF: Yes MAYOR DIRKSEN: Is there any discussion on the motion? If not, all those in favor say aye. MAYOR AND COUNCIL MEMBERS PRESENT: Aye MAYOR DIRKSEN: Any opposed? Motion carried. CITY MANAGER PROSSER: Not to keep beating a dead horse, but just to clarify - we don't know what sort of modifications the county might want to request. I just wanted to clarify that once we hear something from the county on that we will be bringing an issue back to Council and getting additional direction from you. MAYOR DIRKSEN: We are always willing to talk about it. Transcript from March 28, 2006 "Tigard City Council Meeting - Agenda Item No. 9 14 March 24, 2006 Board of Commissioners Washington County 155 N. First Avenue, Ste 300 Hillsboro, OR 97124 Dear Chairman Brian and members of the Board At a meeting on March 3, 2006, attended by Chairman Tom Brian, Commissioner Roy Rogers, Councilor Nick Wilson, City Manager Craig Prosser and myself; Chair Brian and Commissioner Rogers inquired whether the City of Tigard would be in favor of the County rescinding the 1997 Urban Services Intergovernmental Agreement (USIA). That Agreement contracted with the City to provide development review and building services in the unincorporated Bull Mountain area. The impetus of the inquiry was apparently a letter from the Friends of Bull Mountain dated February 24, 2006 which requested that Washington County terminate the inter-governmental Agreement (the `IGA') with the City of Tigard entered into in 1997." After careful consideration, the City Council of Tigard has determined that it may be in the best interests of the City to terminate the USIA. Given the existing urban development pattern in the unincorporated area and the resulting legal and political barriers to achieving the previously agreed upon goal of an orderly annexation of the urban service area, continuation of the USIA in its present form would be an exercise in futility. Therefore, please consider this letter as the City of Tigard's notice to Washington County that we intend to terminate the current Urban Services Intergovernmental Agreement on June 30, 2006. Be advised that the City of Tigard intends to continue to annex properties inside the Tigard Urban Service Area in accordance with State Law and applicable intergovernmental agreements and land use regulations. Claims by individuals that the City of Tigard has acted to the contrary in the past are inaccurate and unsubstantiated. We look forward to our continued partnership with Washington County in our mutual efforts to make Tigard and the County a great place for our citizen to live, work and play. Sincerely, r } ~ I Craig E. Dirksen Mayor ' i OFF DOCKET AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Action - Land Use & Transportation (CPO 4B) Agenda Title: CONSIDER TERMINATING THE URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY Presented by: Kathy Lehtola, Director SUMMARY: In September 2002, Washington County and the City of Tigard renewed the "Urban Services Intergovernmental Agreement between City of Tigard and Washington County" (USIA). Through the USIA, Tigard is responsible for building and land development services, code enforcement, and certain road services in the urban unincorporated areas of the Bull Mt. and the West Tigard Community Plans. The USIA is scheduled to expire in September 2007. April Isi is the last date in 2006 the Board may provide written notice to terminate the USIA prior to 2007. According to the USIA, the termination would be effective July 1, 2006. If the Board and the City of Tigard are mutually agreeable, the date of termination can be extended to provide additional time for the City and County to discuss a possible modified agreement. DEPARTMENT'S REOUESTED ACTION: If the Board chooses to terminate and/or modify the current USIA, direct: 1. County Counsel to provide written notice of termination of the USIA to the City of Tigard, effective July 1, 2006; and that the County desires to enter into negotiations with the City about a possible modified agreement. 2. Staff to engage the City of Tigard in negotiations about a possible modified agreement. S:\Ping\WPSHARE\2006ord\WorkProgram\Agendas\TigardUSIA_BCC}-28-06agenda.doc COUNTY ADMINISTRATOR'S RECOMMENDATION: Agenda Item No. 168-604005 Date: 03/28/06 WASHINGTON COUNTY OREGON March 28, 2006 To: Board of Commissioners From: Kathy ht or, Department of Land Use and Transportation Dan Ols my Counsel Subject: The Urban Services IGA between City of Tigard and Washington County Provided below is a brief summary of actions the Board would need to take if the Urban Services Intergovernmental Agreement between Tigard and Washington County (USIA) is terminated. 1. In order to terminate the USIA, written notice must be sent to the City of Tigard prior to April I". Consequently, March 28`h is the last regularly scheduled meeting that you may take action to terminate the agreement. The termination would be effective July I" unless the Board and the City mutually agree to extend the termination date to provide the time needed for new County ordinances to be put in place or otherwise adopt a revised agreement. 2. The Board would need to authorize staff to file the following ordinances: • A land use ordinance to repeal the Tigard's Comprehensive Plan, land use designations and development regulations and readopt the county's current Comprehensive Plan elements. Generally, the earliest an ordinance can be adopted and become effective is 90 days from the date the ordinance is filed due to state notice requirements (45 days from the first public hearing) and the County's Charter requirement that land use ordinances are effective 30 days after adoption. This schedule provides for one hearing each before the Planning Commission and the Board, with no amendments to the ordinance. If an ordinance becomes controversial or the Board would like to amend it, additional time would be needed. • An ordinance to repeal Tigard's standards for building and construction, engineering standards for public improvements, and Tigard's requirements for jury trials and witnesses in ordinance enforcement issues. This ordinance would not be a land use ordinance. 3. Incorporate appropriate budgeting changes (including personnel) necessary to carry out the responsibilities assumed by the county. 4. Examine and, if necessary, address issues associated with the transfer of Tigard employees and assets to the county due to termination of the USIA. Department of Land Use & Transportation • Administration 155 N First Avenue, Suite 350-16, Hillsboro, OR 97124-3072 phone: (503) 846-4530 • fax: (503) 846-4412