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City Council Packet - 04/11/2006 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING April 11, 2006 COUNCIL MEETING WILL BE TELEVISED I: \Ofs\Donna's\Ccpktl 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. For Agenda of ~ TIGARD Tigard City Council Meeting Minutes Date: April 11, 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 Nick Wilson Councilor Tom Woodruff Agenda Item Discussion & Comments Action Items follow u Stud Session Administrative Senior Planner Nachbar presented a video Items production regarding the citizen-driven Downtown Plan. This video will be cablecast on the community access channel. Attorney Gary Firestone reviewed the video to assure that it did not violate election laws since there is a measure on the May 16 ballot which will affect the downtown. The edits suggested by Attorney Firestone were made. Council was reminded of the Employee Recognition Event schedule for Wednesday, April 19. Council was also reminded of a 6 p.m. start time for the April 18, 2006, City Council meeting. City Manager Prosser reviewed information he had received regarding a Metro/Bull Mountain meeting to gather information about formation of a city on Bull Mountain. This meeting is being hosted by Metro for those interested in discussing the formation of a city. City Council members agreed the City of Tigard should have representatives at the meeting. There was discussion about steps required to form a new city, which includes coordination with neighboring taxing jurisdictions. At this time, no written information has been made City Council Minutes April 11, 2006 Page 1 3:33 PM Agenda Item Discussion & Comments Action Items follow u available for the public insofar as Washington County will be given the information before it is released to others. City Manager Prosser will keep the City Council informed about the meeting as he receives more information. Mayor Dirksen will be absent from the April 25, 2006, City Council meeting. Councilor Woodruff will be absent from the May 16, 2006, City Council meeting. Councilor Woodruff inquired about an e-mail received from a Bull Mountain resident inquiring whether the City had spent $1 million in its Bull Mountain annexation proposal. Mayor Dirksen advised this e-mail had been addressed to him and he has asked staff to assist in preparing a response. Staff plans to respond by April 12, 2006. City Manager Prosser referred to a flyer sent to the City Council from Larry Galizio regarding a potential Wal-Mart store in Tigard. He reminded City Council that this is a potential land use issue for the City Council to review. City Council was reminded of the Tree Planting event at Charles F. Tigard School on April 13. City Manager Prosser will check on projects on the STIP list to determine if projects for this area of the County have been dropped. Study Session continued - Review of Interim Community Development Director Coffee Proposed introduced Tualatin Valley Fire & Rescue (TVF&R) Amendment to Division Chief Bernie Otjen who explained the the Tigard purpose for the requested Code amendment. The Municipal Code TMC prohibits use of exhaust brakes (fake brakes) (TMC) to Allow in the City of Tigard due to the loud noise they Muffled produce. TVF&R no longer uses the traditional Compression jake brakes and has installed muffled compression Brakes Also, brakes on their emergency vehicles. TVF&R has City Council Minutes April 11, 2006 Page 2 3:33 PM Agenda Item Discussion & Comments Action Items follow u See Agenda Item worked with other cities in their service district to No. 6) obtain permission to use the muffled compression brakes to save money on vehicle maintenance. Study Session continued Discuss City Councilor Sherwood noted that she and Councilor Manager Woodruff reviewed evaluation formats. There was Performance discussion about receiving staff input in addition to Review the Council's review. Goals should be suggested and established for the City Manager by the City Council with regard to what is expected to be accomplished in the next six months. There was some discussion that a "360-review" could be conducted in September. City Council should mail evaluation forms to the Mayor. The Council will conduct the City Manager review on May 9, 2006. Councilor Sherwood will work with Human Resources Director Zodrow to finalize the evaluation form. City Council members also agreed to discuss a "City Council Report Card" evaluation to be conducted later this year. One suggestion was to have Department Heads and Boards and Commissions evaluate the City Council. Study Session concluded at 7:29 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:35 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items It was noted that there will be a discussion on City Council Minutes April 11, 2006 Page 3 3:33 PM Agenda Item Discussion & Comments Action Items follow u a request for a contribution to sponsor the June 3, 2006, Tualatin River National Wildlife Grand Opening Ceremony. (See Agenda Item No. 7) 2. Mayor Dirksen issued the following proclamations: Proclamations 2.1 Proclaim April 13, 2006, as Arbor Day 2.2 Proclaim April 17-23, 2006, as Community Development Week 2.3 Proclaim April 23-30, 2006, as Days of Remembrance - "From Liberation to the Pursuit of justice 3. Citizen Communications • Tigard High School Student Envoy Krista Foltz gave a report on recent and future activities. A copy of report highlights is on file in the City Recorder's office. One of the activities, an upcoming "Junk in the Trunk" event on May 6, 2006, will be displayed on the City of Tigard's website. • John Frewing, 7110 SW Lola Lane, Tigard, Oregon 97223, suggested a youth participation project for a biology class to research and identify heritage trees in the community. Mr. Frewing requested a report from the City Council members who attended a recent National League of Cities Conference. Mr. Frewing referred to the change in posture regarding unincorporated Bull Mountain. He questioned how this would affect the City's budget. Mr. Frewing said he would like to see sustainable City operations and asked for a report on how the City plans to address growth; i.e., what will Tigard need to continue to exist? Mayor Dirksen responded that City staff had proposed two positions to be added to the Community Development staff; however, with the recent decision to City Council Minutes April 11, 2006 Page 4 3:33 PM Agenda Item Discussion & Comments Action Items follow u terminate the Washington County Urban Services Agreement, those positions will be deleted. Councilor Wilson advised that the change was not a great one insofar as it affects the planning staff now that Tigard will no longer perform development review for the unincorporated Bull Mountain area. City Manager Prosser added that, at this time, the extent of the impacts of this change is not known. City and County staff members will be discussing how projects will be reassigned. Mr. Frewing said he would like to see a "flat" budget representing a "no growth" stance for the area within the City limits. • Gretchen Buehner, 13249 SW 136`" Place, Tigard, Oregon 91223, testified about her concerns with the Walnut Street Project. She noted the need for utility companies to coordinate installation of new services that requires digging up new pavement, which reduces the lifespan of the road. She also questioned the adequacy of the roadbed for the Walnut Street project. Another concern was whether franchise fees were enough to pay for the harm done to the life of the road when the pavement is cut open to install new utilities. City Manager Prosser noted that a street cut moratorium will be discussed by the City Council on April 18, 2006. Mayor Dirksen advised that Washington County is administering the Walnut Street project and he would be interested in getting more information on the concerns noted by Ms. Buehner. 4. Consent 4.1 Approve Council Minutes for February 28, Motion by Councilor Agenda 2006 Harding, seconded by 4.2 Receive and File: Councilor Sherwood, to a. Council Calendar approve the Consent b. Tentative Agenda Agenda. 4.3 Approve Extending the Current Terms of the Budget Committee Members for an The motion was approved Additional Six Months to Coincide with the b a unanimous vote of City Council Minutes April 11, 2006 Page 5 a 3:33 PM Agenda Item Discussion & Comments Action Items follow u Annual Budget Process - Resolution No. 06- Council present. 18 Mayor Dirksen Yes RESOLUTION NO. 06-18 - A Councilor Harding Yes RESOLUTION EXTENDING THE Councilor Sherwood Yes TERMS FOR CURRENT MEMBERS OF Councilor Wilson Yes THE BUDGET COMMITTEE Councilor Woodruff Yes 4.4 Approve Amendment No. 1 to the Greenburg Road Project Agreement with the Oregon Department of Transportation (ODOT) and Authorize the Mayor and City Recorder to Sign 4.5 Approve Intergovernmental Agreement (IGA) with Clean Water Services (CWS) for Fanno Creek and Hiteon Creek Enhancement Projects and Authorize the Mayor to Sign 4.6 Local Contract Review Board a. Award Contract for Audit Services to Grove, Mueller & Swank, P.C. 5. Consider Staff Presenter: Finance Director Sesnon Motion by Councilor Granting an Woodruff, seconded by Exemption from Information contained in the City Council meeting Councilor Sherwood, to Property Taxes, packet was reviewed, which explained the request adopt Resolution No. 06-19. Tigard Municipal for the property tax exemption. Code 3.50 for The motion was approved Three Non- After brief discussion, including comments of by a unanimous vote of Profit Low- support of the requests and clarification that all Council present. Income Housing taxing entities must approve the request, the City Projects for Council considered the proposed resolution. Mayor Dirksen Yes Community Councilor Harding Yes Partners for RESOLUTION NO. 06-19 - A RESOLUTION Councilor Sherwood Yes Affordable GRANTING AN EXEMPTION FROM Councilor Wilson Yes Housing PROPERTY TAXES UNDER TIGARD Councilor Woodruff Yes (CPAH) and MUNICIPAL CODE SECTION 3.50 FOR One Housing THREE NON-PROFIT LOW INCOME Project for HOUSING PROJECTS OWNED AND Tualatin Valley OPERATED BY COMMUNITY PARTNERS Housing FOR AFFORDABLE HOUSING (CPAH) AND Partners ONE HOUSING PROJECT THAT IS (TVHP) OPERATED BY TUALATIN VALLEY HOUSING PARTNERS HP . City Council Minutes April 11, 2006 Page 6 3:33 PM Agenda Item Discussion & Comments Action Items follow u 6. Consider Staff Presenter: Interim Community Development Motion by Councilor Amending Director Coffee. Also present was Tualatin Valley Woodruff, seconded by Section Fire & Rescue (TVF&R) Division Chief Bernie Councilor Wilson, to adopt 7.40.170.A of Otjen. Ordinance No. 06-03. the Tigard Municipal Code (See Study Session discussion also on this topic.) The motion was approved, to Permit by a unanimous vote of Muffled The amendment request was outlined in the City Council present. Compression Council packet information. The Code would still Brakes prohibit use of any type of compression brakes by Mayor Dirksen Yes non-emergency vehicles. By allowing TF&R Councilor Harding Yes vehicles to use muffled compression brakes, they Councilor Sherwood Yes save $75,000 per year on vehicle maintenance. Councilor Wilson Yes Councilor Woodruff Yes City Council considered Ordinance No. 06-03. ORDINANCE NO. 06-03 - AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 7.40.170.A TO ALLOW THE USE OF MUFFLED EXHAUST BRAKES ON FIRE FIGHTING APPARATUS 7. Discuss Staff Presenter: Associate Planner Roberts A budget amendment Request for a Also present: Norm Penner and Bill Shake resolution will be presented Contribution to representing Friends of the Refuge. to the City Council for its Sponsor the consideration on April 25, June 3, 2006, The City Council was asked to consider 2006, to allocate $1,500 Tualatin River contributing $1,500 to sponsor the Grand Opening from the General Fund to National Wildlife Ceremony. sponsor the Grand Opening Grand Opening Ceremony. Ceremony Mr. Penner reviewed a PowerPoint presentation with the City Council showing the refuge property and outlining National Wildlife Refuge System history. The Tualatin River Wildlife Refuge is one of only 10 urban refuges in the system. The Refuge will preserve valuable open space along the western edge of the urban area; provide nearby recreational, educational, and volunteer opportunities; and provide economic benefits to the community. Council members asked questions with regard to City Council Minutes April 11, 2006 Page 7 3:33 PM the use of general fund dollars for this event. Mr. Penner outlined some of the expenses anticipated for the event. 8. Council Councilor Sherwood noted she attended the CERT Liaison Reports training sponsored by the City last week, which was held at the Library. She said she was the only one who attended and added that this training was very beneficial. There was discussion about urging Tigard businesses to attend. Councilor Sherwood advised that she was surprised at what she didn't know about being prepared for emergencies. Adjournment. The meeting adjourned at 8:44 p.m. Motion by Councilor Woodruff, seconded by Councilor Sherwood, 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 Wilson Yes Councilor Woodruff Yes Cc~~.Piv h-f Catherine Wheatley, City Record Attest: e- A 9, - Mayor, ity of Tigard Date: 5 ' 0(P i:tadmlcathyk:cmt2008\080411.doc City Council Minutes April 11, 2006 Page 8 FApril ARD CITY COUNCIL MEETING lw~ !YA' 11, 2006 6:30 p.m. IGARD CITY HALL 125 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. A 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 can 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 - April 11, 2006 page 1 AGENDA TIGARD CITY COUNCIL MEETING APRIL 11, 2006 6:30 PM • STUDY SESSION The item below was moved to the end of the Business Meeting, see Item No. 7 . > DISCUSS REQUEST FOR A CONTRIBUTION TO SPONSOR T44E jUNE 4, 2006, T6A1:AT-1 T PdALER -i ATIO1A r` 'ILDLI€E R ilk-nn~Q. ~~n ~r,rnrrv 4- StftffRepor-t! > REVIEW PROPOSED AMENDMENT TO THE TIGARD MUNICIPAL CODE TO ALLOW MUFFLED COMPRESSION BRAKES (See also Agenda Item No. 6) • Staff Report: Community Development Staff The item below was moved to the April 25, 2006, City Council meeting. > !`ONSIDEr PROPOSALS FO PO IGa PATCH rvxvDECTGNI c~~z-a~orm.-rno Stftff Repot*! Poliee Staff > DISCUSS CITY MANAGER PERFORMANCE REVIEW PROCESS • 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 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 7:351'M 2. PROCLAMATIONS 2.1 Proclaim April 13, 2006, as Arbor Day 2.2 Proclaim April 17-23, 2006, as Community Development Week COUNCIL AGENDA - April 11, 2006 page 2 2.3 Proclaim April 23-30, 2006, as Days of Remembrance - "From Liberation to the Pursuit of Justice • Mayor Dirksen 7:401'M 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Kxista Foltz The Chamber Representative plans to attend the April 25 City Council meeting. • Follow-up to Previous Citizen Communication 7:50 PM 4. 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: 4.1 Approve Council Minutes for February 28, 2006 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Approve Extending the Current Terms of the Budget Committee Members for an Additional Six Months to Coincide with the Annual Budget Process - Resolution No. 06-18 RESOLUTION NO. 06-18 - A RESOLUTION EXTENDING THE TERMS FOR CURRENT MEMBERS OF THE BUDGET COMMITTEE 4.4 Approve Amendment No. 1 to the Greenburg Road Project Agreement with the Oregon Department of Transportation (ODOT) and Authorize the Mayor and City Recorder to Sign 4.5 Approve Intergovernmental Agreement (IGA) with Clean Water Services (CWS) for Fanno Creek and Hiteon Creek Enhancement Projects and Authorize the Mayor to Sign 4.6 Local Contract Review Board a. Award Contract for Audit Services to Grove, Mueller & Swank, P.C. • Consent Agenda - Items Removed-for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion urill be considered immediately after the Council has voted on those items which do not need discussion. 7:55 PM 5. CONSIDER GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR THREE NON-PROFIT LOW- COUNCIL AGENDA - April 11, 2006 page 3 INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) AND ONE HOUSING PROJECT OPERATED BY TUALATIN VALLEY HOUSING PARTNERS (TVHP) a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 06-19 Council Member: I move for adoption of Resolution No. 06-19 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: (Reads as requested.) RESOLUTION NO. 06-19 - A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAMES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR THREE NON-PROFIT LOW INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) AND ONE HOUSING PROJECT THAT IS OPERATED BY TUALATIN VALLEY HOUSING PARTNERS (TVHP). Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 06-19, please say "aye." Mayor/Councilors Mayor: All those opposed to adopting Resolution No. 06-19, please say "nay." Mayor/ Councilors Mayor: Resolution No. 06-19 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note. Tie votes =failure to pass. COUNCIL AGENDA - April 11, 2006 page 4 8:15 PM 6. CONSIDER AMENDING SECTION 7.40.170.A OF THE TIGARD MUNICIPAL CODE TO PERMIT MUFFLED COMPRESSION BRAKES a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Ordinance No. 06-03 Council Member: I move for adoption of Ordinance No. 06-03 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: (Reads as requested.) ORDINANCE NO. 06-03 - AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 7.40.170.A TO ALLOW THE USE OF MUFFLED EXHAUST BRAKES ON FIRE FIGHTING APPARATUS Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to recorder votes of City Council members. Mayor: Ordinance No. 06-03 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes =failure to pass. 7. DISCUSS REQUEST FOR A CONTRIBUTION TO SPONSOR THE JUNE 3, 2006, TUALATIN RIVER NATIONAL WILDLIFE GRAND OPENING CEREMONY • Staff Report: Community Development Staff 8. COUNCIL LIAISON REPORTS COUNCIL AGENDA - April 11, 2006 page 5 9. NON AGENDA ITEMS 10. 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. 8:30 PM 11. ADJOURNMENT i:tadmicathytccat2006%060471.doc COUNCIL AGENDA - April 11, 2006 page 6 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING April .11, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon • STUDY SESSION IN RP~LER NATIONAL W11=9LIFE GRAND OPENING GBRENIOPStaff Report! Community Development 8 + (Moved to Agenda Item No. 7) > REVIEW PROPOSED AMENDMENT TO THE TIGARD MUNICIPAL CODE TO ALLOW MUFFLED COMPRESSION BRAKES (See also Agenda Item No. 6) • Staff Report: Community Development Staff > GQNSIDER PROPOSALS FOR POLIGE PAT-G14 DESIGNS + This item will be discussed on 4/25/06 > DISCUSS CITY MANAGER PERFORMANCE REVIEW PROCESS • 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 > Reminder: Employee Recognition event is on Wednesday, April 19, 9-10:30 a.m., Library Community Room > Reminder: Next week's meeting, April 18, will start at 6 p.m. with an Executive Session. > Discuss Invitation to Metro/Bull Mountain Meeting 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. 19 Weds Employee Recognition - 9 - 10:30 a.m. - Library Community Room 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. 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. OadmYathy\= nQO061060411 ps.dm i ~ City of Tigard, Oregon FIX Affidavit of Posting TIGARD; In the Matter of the Proposed Ordinance(s) /yD 0 ( . 03 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, [16 A 14 A t-< z"i , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) which were adopted at the City Council meeting of with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of 4 ,ar I , 200 6 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Signature of Person who Performed Posting Subscrib d and sworn or affirmed) before me this day of Si ature of N tary ublic for Oregon OFFICIAL SEAL ° JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 AGENDA ITEM # S fi J- S eSS ~ ~i FOR AGENDA OF 4/11/06 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Refuge Grand Opening Ceremony Sponsorship Contribution PREPARED BY: Duane Roberts DEPT HEAD OK ~ CITY MGR OK ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the City contribute $1,500 (or a different amount) to sponsor the June 3, 2006, Tualatin River National Wildlife Grand Opening Ceremony? STAFF RECOMMENDATION Staff recommends Council authorize the reallocation in the amount of $1,500. INFORMATION SUMMARY On June 3, 2006, the Tualatin River National Wildlife Refuge will celebrate the completion of the first phase of visitor use facilities and its official opening to the public with a day of festivities involving a ribbon cutting ceremony and wildlife tours. The celebration will continue with more tours on June 4th. Headlining the honorary grand opening committee, among other dignitaries, are former Senator Mark Hatfield, Congressman David Wu, County Commissioner Chair Tom Brian, and Tigard Mayor Craig Dirksen. The City's prior involvement in the Refuge includes a Council-authorized letter sent to the Oregon congressional delegation in support of federal funding for Refuge visitor facilities. The budget for the grand opening festivities is $9,200. The Friends of the Refuge is the event organizer. Federal statutes preclude the use of federal agency dollars to fund activities of this nature. The Friends group is soliciting public and private hard dollar and in-kind contributions toward the cost of the event. Members of the Friends group will be present at the meeting to discuss their plans for the grand openning ceremony and to anwer any questions Council may have. OTHER ALTERNATIVES CONSIDERED Do not contribute or contribute a different amount to the ceremony. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT A sponsorship contribution would relate to the Council Goals of "Improve Communication and Relationship with Citizens" by demonstrating the City's commitment to quality of life improvements. ATTACHMENT LIST Attachment #1: Memo to Council from Tom Coffee. Attachment #2: Map of the Tualatin River National Wildlife Refuge Attachment #3 Correspondance from Jim Rapp FISCAL NOTES This contribution will be funded by a contingency transfer in the General Fund to the Social Services and Community Events budget If approved, the Finance Department will return to Council with a budget amendment on April 25, 2006. ATTACHMENT I MEMORANDUM TIGARD TO: Council FROM: Tom Coffee RE: City Financial Contribution to Tualatin River National Wildlife Refuge DATE: 3/27/06 On June 3"', the Refuge will celebrate the completion of the first phase of visitor use facilities and its official opening to the public with a day of festivities involving a ribbon cutting ceremony and wildlife tours. The celebration will continue with more tours on June 4`h. Headlining the honorary grand opening committee, among other dignitaries, are former Senator Mark Hatfield; Congressman David Wu, County Commissioner Chair Tom Brian, and Tigard Mayor Craig Dirksen. The City's prior involvement in the Refuge includes a Council-authorized letter, under Mayor Dirksen's signature, sent to the Oregon congressional delegation in support of federal funding for Refuge visitor facilities. The budget for the grand opening festivities is $9,200. The Friends of the Refuge is the event organizer. Federal statutes preclude the use of federal agency dollars to fund events of this nature. The Friends group is in the process of soliciting contributions from the pubic and private sectors and has donated $2,500 of its own limited funds to the event. So far, among the jurisdictions who have contributed, Metro has pledged $500, Clean Water Services $1,000, Sherwood $1,500, and Tualatin $1,500. Private sector donors include PGE, Home Depot, and others. At present, the funding gap is approximately $2,500. Why is the Tualatin River National Wildlife Refuge important to the Tigard community? • As a wild place, the Refuge will preserve precious habitat and open space along the western edge of the Tigard urban area. • The refuge will provide a range of close-to-home recreational, educational, and volunteer opportunities for Tigard-area residents. In future, Refuge-related recreational activities could include pedestrian and bicycle linkages between the Refuge and the proposed Powerline Trail, designed to run from Barrows Road to the Tualatin River. The refuge will economically benefit the City. Many Refuge visitors who live outside the city will spend their recreational money in the local economy. i/lrpo /dr/refuge.council.memo ATTACHMENT 2 p n f Beaverton x ` va r i g'$ 101 N . RIVER WILDLIFE REFUGE E i t 1 i f ~x. '4r M. ~ 1414 wilsonyillk ATTACHMENT 3 ~0110Nq4 ~ ) ~ - - - a Friends Of the R efuge a t m Tualatin River National Wildlife Refuge j ? C PO Box 1306, Sherwood, OR 97140 Voice Mail 503.972.7714 ~ t'' %ww.friendsoftualatiarefuge.org February 24, 2006 Duane Roberts City of Tigard 13123 S\X Hall Blvd Tigard, Oregon 97223 RE: City of Tigard Sponsorship Tualatin River National Wildlife Refuge Grand Opening Celebration Dear Duane: As per my prior conversations with you and with Barbara Shields, and on behalf of the Friends of the Refuge, I would like to ask the City of Tigard to become a major sponsor of the Grand Opening Celebration for the Tualatin River National Wildlife Refuge. Fifteen years after the Refuge idea was first put forward by the citizens and City Council of Sherwood, visitor facilities are under construction with Phase I to be complete in the next few- months. The Grand Opening is scheduled for Saturday, June 3, 2006 at the Refuge's Steinborn Unit off of Highway 99\x' just north of Sherwood. We would like the City of Tigard to consider support in the amount of $2,300.00. We are also delighted to already have Tigard TMayor Craig Dirksen's consent to serve on the Honorary Committee for the Refuge Grand Opening Celebration. The Refuge is a major regional open space, providing habitat for waterfowl, fish, and wildlife in the Tualatin River Basin. In addition, one the primary motivations of the Sherwood City Council in initiating the campaign for the Refuge back in 1990 was a concern for preserving riparian areas and floodplains along the Tualatin River for water quality- and storm water management purposes. I have attached a two-page summary describing the history of the Refuge and the planned Refuge Grand Opening event, and a Grand Opening budget, for your consideration. Please let me know if there is other information or assistance I can offer in helping the City of Tigard to support this amazing community resource. I can be reached at 503-515-1598 or 3113 NE Skidmore Street, Portland 97211. Sincerely, Jim app Co-chair, TRNW-R Grand Opening Celebration 1 ) Tualatin River National Wildlife Refuge Grand Opening Celebration June 3 & 4, 2006 The Tualatin River National Wildlife Refuge is one of America's few "urban" refuges, and grew from an idea first promoted in 1990 by the City of Sherwood, Oregon and its citizens. The first land acquisition for the Refuge occurred in 1992. Today, 1,358 acres of the eventual 3,060 acre Refuge are managed by the U.S. Fish and Wildlife Service - consisting of private donations of land, land purchases from willing sellers, and a co-management agreement for 50 acres of Metro regional greenspaces within the Refuge boundary. From its inception, the Refuge has been a unique partnership between the local Sherwood community, Federal and State agencies, Oregon's Congressional delegation, surrounding local jurisdictions, regional agencies, business groups, and local and national non-profits. The Refuge's story is one of broad based support spanning governments, businesses, and citizens of all stripes and persuasions. These partners are witness to a common goal of preserving wetlands, floodplains and riparian corridors, and the wildlife and birds that live in and migrate through the Tualatin River Basin, in the midst of the urbanizing Portland metropolitan area. Recently, the stony of this community--based national wildlife refuge entered a new chapter. Congressional funding was secured to build visitor facilities just off State Highway- 99W in the Refuge's "Steinborn Unit", the largest contiguous parcel in the Refuge at present. Phase I will be completed in the spring of 2006 and provide for safe access from Highway 99W, parking facilities, site utilities, and trails and interpretive facilities for visitors. A Refuge Visitor Center and offices will be open in 2007. With this development, the Refuge will take its long anticipated place among the most important publichy accessible natural areas in Metropolitan Portland and Northwest Oregon. In celebration of a community- dream that has been over 15 years in the making, a Grand Opening Celebration is planned for June 3 & 4, 2006. 'Members of Sherwood's and Oregon's former and present Congressional delegation are expected to attend, along with former and present city and County officials, regional and local business leaders, non-profit executives, local citizens and Refuge advocates, and Federal and State agency managers who contributed to the Refuge's success. On tune 3, 2006, at 12:30 p.m., the Refuge will be officially opened with a ceremonial ribbon cutting and nature walk for local government and business leaders, members of Congress, and citizen advocates who have worked for 15 years to make the Refuge a reality. Free public guided tours of the Steinborn Unit of the Refuge (on the north side of State Highway 99W between King City and Sherwood) will start at 1:30 p.m. on Saturday, and continue through Sunday, June 4 from 7:00 a.m. to 4:00 p.m. Thereafter, trails and interpretive facilities in the Steinborn Unit will be generally open to the public from dawn to dusk on a year-round basis. The Tualatin River National Wildlife Refuge Grand Opening Celebration is sponsored with generous contributions from Portland General Electric, the City of Sherwood, Clean Water Services, `Metro, Norton-Arnold & Company, the Friends of the Refuge, and the U.S. Fish and Wildlife Service. Additional support is provided by Drs. Geoff Beasley and James Sampson, Sherwood Chamber of Commerce, and the Tualatin River Watershed Council Please join us in celebrating this community milestone. TRVINR Grand Opening Celebration Summary Current as of 2-15-2006 r TRNWR Grand Opening Celebration - June 3 & 4, 2006 Saturday, June 3 9:30 - 11:00 Ail Special "Honored Guests" Only Brunch & Awards for "Most Notable" Honored Guests - by invitation-only brunch will be held at a private Sherwood residence. 11:30 AM - 12:30 Ptil Opening Ceremony- & Speeches @ Refuge's Steinborn Unit (Highway 991) 12:30 - 1:30 PM Ribbon Cutting, followed by Ceremonial "First" Nature Walk- of Steinborn Unit (Flat i ature 11yallefor Honored Gue.rtr Ong) 1:30 - 4:30 PM Public Tours of Steinborn Unit - Tour on your own, or join FREE small group tours led by expert birders from the Audubon Society of Portland, U.S. Fish and Wildlife Service, Oregon Field Ornithologists, and the Friends of the Refuge. Sunday, June 4 Continued individual and small group public tours of Steinborn Unit (off of Highway- 99%X' between King City and Sherwood). The unit will be open for public access from dawn to dusk. Free small group tours led by expert birders will be available on a drop-in basis every- 60 minutes from 7:00 A.I. to 4:00 P.ivi. Honorary Grand Opening Committee Les AuCo n Member of Congress (retired) David Bragdon President, Metro Tom Brian Chair, Washington County Board of Commissioners Mark Christie Chair, Sherwood 88J School District Board of Directors Craig Dirksen Mayor, City of Tigard, Oregon Chuck Fais Mayor, City of King City, Oregon Peggy- Fowler Chief Executive Officer, Portland General Electric `lark Hatfield United States Senator (retired) Jim Haynes President, Sherwood Chamber of Commerce Sue Marshall Executive Director, Tualatin Riverkeepers Keith Mays Mayor, City of Sherwood, Oregon Lou Ogden Mayor, City of Tualatin, Oregon Norma Oyler Former Mayor, City- of Sherwood, Oregon Meryl Redisch Executive Director, Audubon Society of Portland Gordon Smith United States Senator David Wu Member of Congress Ron Wyden United States Senator Celebration Sponsors Celebration Supporters City of Sherwood, Oregon Drs. Geoff Beasley & James Sampson Clean Water Services Sherwood Chamber of Commerce Friends of the Refuge Tualatin River Watershed Council :Metro Norton-Arnold & Company Portland General Electric U.S. Fish and Wildlife Service TRNWR Grand Opening 2 Celebration Summan' Current as of 2-15-2006 Event Budget Tualatin River National Wildlife Refuge Grand Opening June 3 and 4, 2006 Honored Guests Brunch (off-Refuge activity) $1,500.00 Costs: Food and beverage, rented table service, tables/chairs; associated Note: Caterer has a-reed to stage this activity at-cost; City of Sherwood will provide event tent at no charge; USFWS will provide A/V at no charge Food and Beverage (on-Refuge activities) $250.00 Costs: "Hospitality" food and beverage for event volunteers (Saturday and Sunday); cake and serving supplies for dedication and ribbon cutting ceremony (Saturday only) Note: General food service will be outsourced to a non-profit vendor General Equipment (on-Refuge activities) $850.00 Costs: Tables/chairs, stage riser, and porta-potties rentals; signage easels, etc.; associated site preparation labor Note: USFWS will provide podium and event tents at no charge AN Equipment $350.00 Costs: Sound equipment rentals and operating services; portable power and sound insulating hay bales General Design and Printing $1,150.00 Costs: save-the-date postcard, invitations, full color promotional poster, programs, name tags, press kit, event directional and promotional signage Note: Friends of Refuge member will provide most or all print materials design services at no charge Tri-Met Printing 51,200.00 Costs: printing of "bus side" and bus stop bench promotional advertising Note: Tri-Met is providing advertising space at the equivalent of approx. S10,000 Postage and Shipping $100.00 Costs: for hold-the-date postcards and invitation; and miscellaneous Transportation $350.00 Costs: Bus shuttle for event visitors from nearby Home Depot to Refuge HQ site (Saturday only - Refuge HQ parking lot will be open to public on Sunday) Note: Home Depot will partition portion of parking lot for event parking and bus loading at no charge Publicity $650.00 Costs: Event day photographer; "thank you" ad in major regional newspaper Gifts and Awards $1,700.00 Costs: Framed Refuge photographs with memorial plagues for key honored guests; event memento for all honored guests; Travel $500.00 Costs: Limited reimbursement for travel costs of key honored guests from outside of region Decorations $100.00 Costs: Ribbons and other decoration for event tent and speakers riser and podium; ribbon and oversized scissors for ribbon cutting Contingency $500.00 Costs: cash backfill if expected in-kind support that replaces cash expenditures doesn't materialize Total Event Budget: 59,200.00 Tualatin River National National Wildlife Refuge System Wildlife Refuge National system of lands and waters &7 devoted to wildlife conservation and - management • Mission: - . ° The mission of the National Wildlife Refuge System is to administer a national network of lands and waters for the conservation, management, and, where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the US for the benefit of present and future generations of a Americans. o~y National Wildlife Refuge System National Wildlife Refuge System • First wildlife refuge: Florida's Pelican Island Refuge in 1903 First urban refuge • Today, refuge system L~ designated in 1972 includes 535 refuges - Don Edwards San - Largest: Arctic r w Francisco Bay NWR, National Wildlife Refuge, 19 million F ;t acres - Smallest: Mille Lacs in ! 1 Minnesota, 0.6 acres • Most concentrated along major bird migration corridors National Wildlife Refuge System Tualatin River National Wildlife Refuge • Wildlife refuges provide habitat for 250 threatened or endangered species • Promoted by City of Sherwood in 1991 • Total visitors: 40 million per year • Established by Congress in 1992 • Economic impact: Recreational uses on refuges generates $1.4 billion annually 1 Tualatin River National Wildlife Refuge • Approved boundary includes 3,060 acres ' • Currently, 1,358 acres in public ownership I Tualatin River National Wildlife Tualatin River National Wildlife Refuge Refuge • 85% of approved area in floodplain,x One of only 10 urban refuges in system - Restoring historic Total capital investment of $50 million required hydrology major y~ management goal to create operational Tualatin River NWR - Another major goal Active friends group, FOR conducting high quality Only 20% of refuges have support groups outdoor recreation, FCC"". ``ql education, and interpretive programs Tualatin River National Wildlife Why the Refuge Matters to Tigard Refuge • Visitor projections: 100-500,000 visits n i 1. Preserves valuable open space along s - Visitor center site western edge of along HW99 opens in ` - urban area zoos - Includes 100,000 SF visitor center ]I *4 2 1 Why the Refuge Matters to Tigard Why the Refuge Matters to Tigard 2. Provides nearby recreational, educational, & volunteer opportunities Potential trail linkagesT 1 to Powerline Trail I !i Why the Refuge Matters to Tigard Why the Refuge Matters to Tigard _ Ak 1 Range of volunteer • Hands-on r °s opportunities environmental : rllf education 4. - Education programs - Conduct tours - Restoration activities - No nature center in 111F JL Tigard park system w= - Maintenance activities - Retail store s I Why the Refuge Matters to Tigard Grand Opening Ceremony 3. Provides economic v benefits to the • June 3, 2006 ribbon community ( cutting - Ecotourism • FOR event organizer 3 i. T Friends of the Refuge open Your Volunteer organization supporting the Tualatin River Wildlife Refuge r Eyes to ,I Wildlife Role: - Promote awareness of refuge - Participate in educational programs 11 - Conduct guided tours F - Fund raise { i - Restore native plan communities - Conduct wildlife surveys'! - Participate in clean-up activities - Plan & build trails and interpretive sites \ f 3- ' 4 - s s ® ® ~ v U U~ ~ aal° as 0°ao a ~ Wal-Mart may be building a 220,000 square foot megastore in Tigard at Dartmouth Street and 72nd Avenue. Larry Galizio believes we deserve to get answers for our families and protect our community. F Wal-Mart mmunity FCG Meeting Larry Galizio wants to hear your views on how this massive new development could impact our quality Wednesday of life-from traffic congestion to hurting local small businesses, and creating only low-wage jobs without benefits April 12, • that pass healthcare costs to local taxpayers. Please contact 503-646-0447 for more information. Tigard Public Library •13500 SW Hall Blvd. Portland, OR 97223 FNot printed,' prepared or mailed at taxpayer expense. / State Representative _ Larry alizio is concerned that a 220,000 square foot LJ L megastore could box us in. { ) P.O. Box 231161 PRSRT STD Tigard, OR 97281-1161 US Postage Pnnted w recoea paper using sW-based Inks PAID Mailing 2006 ******************ECRLOT**RO10 MARGARET BARNES 94SS SW MARTHA ST PORTLAND OR 97224=SS92 AGENDA ITEM NO.3 - CITIZEN COMMUNICATION DATE: APRIL 11, 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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Prit CONTACTED Name)')q 6;~;W) t4 Lr-, Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address S 9 ~v City 1 G F-0 State Zip ~N Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION Tigard Urban Renewal Video Program Length: 21 min. Channel: 28 Date: Time: Week of April 9 Tuesday, April 11, 2006 7:08 PM - 7:29 PM Tuesday, April 11, 2006 10:30 PM - 10:51 PM " Wednesday, April 12, 2006 6:38 AM - 6:59 AM Thursday, April 13, 2006 9:00 PM - 9:21 PM ' Friday, April 14, 2006 9:38 PM - 9:59 PM Saturday, April 15, 2006 9:00 PM - 9:21 PM Week of April 16 Sunday, April 16, 2006 11:38 AM - 11:59 AM Monday, April 17, 2006 5:38 AM - 5:59 AM Tuesday, April 18, 2006 10:30 PM - 10:51 PM' Tuesday, April 18, 2006 11:00 PM - 11:21 PM Wednesday, April 19, 2006 6:38 AM - 6:59 AM Thursday, April 20, 2006 9:00 PM - 9:21 PM' Friday, April 21, 2006 9:38 PM - 9:59 PM Saturday, April 22, 2006 9:00 PM - 9:21 PM Week of April 23 Sunday, April 23, 2006 11:38 AM - 11:59 AM Monday, April 24, 2006 5:38 AM - 5:59 AM Tuesday, April 25, 2006 7:08 PM - 7:29 PM Tuesday, April 25, 2006 10:30 PM - 10:51 PM Wednesday, April 26, 2006 6:38 AM - 6:59 AM Thursday, April 27, 2006 7:30 AM - 7:51 AM Friday, April 28, 2006 9:38 PM - 9:59 PM Saturday, April 29, 2006 9:00 PM - 9:21 PM Week of April 30 Sunday, April 30, 2006 11:38 AM - 11:59 AM Monday, May 01, 2006 5:38 AM - 5:59 AM Tuesday, May 02, 2006 10:30 PM - 10:51 PM Tuesday, May 02, 2006 11:00 PM - 11:21 PM Wednesday, May 03, 2006 6:38 AM - 6:59 AM Thursday, May 04, 2006 9:00 PM - 9:21 PM " Friday, May 05, 2006 9:38 PM - 9:59 PM Saturday, May 06, 2006 9:00 PM - 9:21 PM Week of May 7 Sunday, May 07, 2006 11:38 AM - 11:59 AM Monday, May 08, 2006 5:38 AM - 5:59 AM Tuesday, May 09, 2006 7:08 PM - 7:29 PM Tuesday, May 09, 2006 10:30 PM - 10:51 PM ' Wednesday, May 10, 2006 6:38 AM - 6:59 AM Thursday, May 11, 2006 9:00-9:21 PM Friday, May 12, 2006 9:38- 9:59 PM Saturday, May 13, 2006 9:00- 9:21 PM Week of May 14 Sunday, May 14, 2006 11:38- 11:59 AM Monday, May 15, 2006 5:38- 5:59 AM Tuesday, May 16, 2006 7:30- 7:51 AM Tuesday, may 16, 2006 10:30-10:51 PM' * (Time Approximate following City Council-Subject to Pre-emption) a~ A.ry qii ~s (y~ti ~3 .pzsa ~c~'+[` dcE~,if~4N ~eyF+~~~7G~~d'-s~s °i)•~n `hl~r_. PROCLAMATION Arbor Day April 13, 2006 WHEREAS, in 1872, Arbor Day, a special day set aside for the planting of trees, was first r° celebrated in Nebraska; and WHEREAS, Tigard's urban forest of public and private parks and greenways is part of a larger ecology that spans from mountains to ocean and Is integral to our region's water quality; and WHEREAS, our urban forest Includes a diversity of trees that grace our city streets, parks and greenways, provide habitat for wildlife, soften hardscapes, clean the air, protect water resources, and ensure that everyone can experience natural beauty where we live, work and recreate; and a. s WHEREAS, the City of Tigard recognizes that our urban forest is a necessity and is an integral f part of the city's infrastructure and ecosystems; and WHEREAS, we are committed to provide resources to maintain and enhance the urban , . ~x # forest; and WHEREAS, people of all ages and backgrounds, Including citizens, civic organizations, ` businesses and city agencies, have formed partnerships to participate actively in the stewardshipff and caretaking of Tigard's urban forest; and t NOW, THEREFORE BE IT RESOLVED THAT 1, CRAIG DIRKSEN, Mayor of the City of Tigard, Oregon, do hereby proclaim April 13, 2006 to be: ARBOR DAY i!ill in Tigard and encourage people throughout the entire city to become more involved with the !liMe planting and stewardship of the urban forest throughout the year of 2006. 0e , Dated this day of 2006. f IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Yfr . $ Craig E. Dirksen, Mayor City of Tigard zR~( Attest:" City Recorder pry WWI a~ ~'-~"~~~iiP{ PROCLAMATION£ rt'{ National Community Development Week April 17 -April 23, 2006 T.r WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1974 to provide local governments with the resources required to meet the needs of persons f of low and moderate income; and i ' _ WHEREAS, Community Development Block Grant funds are used b avast number of tides counties and neighborhood-based nonproftt organizations throughout the Nation to address pressing neighborhood and human service needs; and WHEREAS, the City of Tigard, Oregon and other local governments have clearly demonstrated the capacity to administer and customize the CDBG program to identify and resolve pressing f r local problems, such as affordable housing, neighborhood and human service needs, flood relief, job creation and retention, and physical redevelopment; and !I WHEREAS, the week of April 17 - April 23, 2006 has been reserved for recognition and appreciation of the Community Development Block Grant Program. NOW THEREFORE BE IT RESOLVED THAT 1, Craig Dirksen, Mayor of the City of Tigard, Oregon, hereby proclaim the week of April 17 - April 23, 2006 as . Sapp' COMMUNITY DEVELOPMENT WEEK rliiiU in Tigard, Oregon and urge all citizens of our city to join in recognizing the Community { Development Block Grant Program and the importance it serves to our community. Dated this day of , 2006. `w IN WITNESS WHEREOF , I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. ,,Ili'.. f r` µ Craig Dirksen, Mayor City of Tigard r ' ryµ Attest: City Recorders: a s EM, 1 111:! 11211 15:1 ZZEIMWMW~ t+a '~Y a,3 Vol 14T o ~ ~b PROCLAMATION Days of Remembrance "From Liberation to the Pursuit of Justice" WHEREAS, the Holocaust was the state-sponsored; systematic persecution and annihilation of " European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the `"^M primary victims - six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny; a WHEREAS, the history of Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and WHEREAS, we the people of the City of Tigard should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and 4 WHEREAS, we the people of the City of Tigard should actively rededicate ourselves to the principles of Individual freedom In a just society; and l WHEREAS, the Days of Remembrance have been set aside for the people of the City of Tigard to remember the victims of the Holocaust as well as to reflect on the need for respect of all people; and "h - WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the ' = Holocaust to be Sunday, April 23 through Sunday, April 30, 2006, including the international Day of Remembrance known as Yom Hashoah, April 25; NOW THEREFORE BE IT RESOLVED THAT I, Craig Dirksen, Mayor of the City of Tigard, ~s on behalf of the entire City Council, do hereby proclaim: " ^LY Sunday, April 23 through Sunday, April 30, 2006, as Days of Remembrance "From Liberation to the Pursuit of Justice" in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Tigard, should strive to overcome Intolerance and indifference through learning and remembrance. Dated this day of 2006. a IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City of Tigard a .,t to be affixed. b Craig Dirksen, Mayor Attest: City of Tigard City Recorder A i ~ 1A i Tigard High Leadership 9000 SW Durham Road • Tigard • Oregon- 97224 (503) 431-5518 • FAX (503) 431-5410 http://ths.ttsd.kl2.or.us/leadership/home.html City council Report: April 11,2006 `Noth/gess' Student Envoy: Krista Foltz oetor I. Academics uay;Ed'tr- a. We're at the very rd end of 3 Pres den * quarter, which will end ':Crstcao.- Thursday the 13th ?YIcePi'esiiilent: 11. Athletics gicn>wker: a. Track has 2-0 b. Boys Tennis Is 2-0 'ACtq~tes~' aasrina c. Girls Tennis Is 1-7 D1zdare pc d. Girls Gold Is 3rd In Pac-9 e. Boys Golf Is 3rd In Pac-9 aecretary f. Baseball Is 3-0 in league Karyn 9filva g. Softball Is 2-1 In league Treeisure`r".< ; 111. Arts charlge S0 bo? : a. Choir Numan r I. ' - Planning their Senior :;ReleitAOris ~ seephnoe Trip, possibly to the ShOelgs: coast Ii. Preparing for Districts ::Assemblies' ae'Speclil and State which is In a :month sporpr b. Band Lane:!ROnne`•`? 1. Went to Disneyland over '.pueicty' Spring Break priyRUtien:: II. Recorded a session with a producer ~TeClt~i coodlriato c. Theatre ;AUStIn'RUfener 1. State Is this weekend 11. Currently preparing for One Acts in a month IV. ACTIVITIES 1. Tigard Idol 1. Wednesday 12t" 2. 7-9 pm In the gym 3. Free admission Ii. Prom Fashion Show 1. At Lunch on Friday 21St Ill. Junk In the Trunk 1. Garage sale In the parking lot where people sell stuff out of their cars 2. May 6 t" from 10-4pm i CITY MANAGER CITIZEN COMMUNICATION FOLLOW UP FOR THE APRIL 11, 2006 MEETING At the last City Council business meeting held on March 28, 2006, the following individual(s) testified during Citizen Communications to the City Council: 2.1 Tigard High School Student Envoy Krista Foltz gave a report on recent and future activities. A copy of report highlights is on file in the City Recorder's office. 2.2 Pam Brown, representing the Tigard Chamber of Commerce noted that their Shining Stars Banquet will be held at Crown Plaza from 6-9 p.m. on April 21. Ms. Brown asked the Council for their support of Oregon Army National Guard's 41" Brigade Combat Team, being mobilized for active duty. The American Legion Post 158 and the VFW have given their support. Mayor Dirksen read and presented a Proclamation Adopting the Headquarters and Headquarters Company 415` 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 4151 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 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`d 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 Page 1 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. i:ladmkathytca W izw communication follow up\080411.doc Page 2 MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council Agenda Item No. For Agenda of April 11. 2006 FROM:. Cathy Wheatley, City Recorder DATE: April 3, 2006 SUBJECT: Three-Month Council Meeting Calendar Regularly scheduled Council meetings are marked with an asterisk April 11* Tuesday Council Business Meeting - 6:30 pm, Town Hall 18* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 19 Wednesday Employee Recognition - 9 a.m. - Library Community Room 21 Friday Tigard Chamber of Commerce - Shining Stars Banquet - 6-9 p.m. Crowne Plaza Hotel, 14711 Kruse Oaks Drive, Lake Oswego 24 Monday Budget Committee Meeting - 6:30 pm, Tigard Water Auditorium 25* Tuesday Council Business Meeting - 6:30 pm, Town Hall May 1 Monday Budget Committee Meeting 6:30 pm, Tigard Water Auditorium 8 Monday Budget Committee Meeting 6:30 pm, Tigard Water Auditorium 9* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15 Monday Budget Committee Meeting 6:30 pm, Tigard Water Auditorium 16* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22 Monday Budget Committee Meeting (if needed) 6:30 pm, Tigard Water Auditorium 23* Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Monday Memorial Day Holiday - City Offices Closed 30 Tuesday Fifth Tuesday Council Meeting - 7-9 pm, Tigard Water Auditorium June 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 16-18 Fri-Sun Tigard Festival of Balloons 20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27* Tuesday Council Business Meeting - 6:30 pm, Town Hall iladmklty cound1\3-month calendar for 4-11-06 u mtg.doc 1 Tigard City Council Tentative Agenda 2006 Meeting Date: April 4, 2006 Meeting Date: April 11, 2006 Meeting Date: April 18, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:00 Location: Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: March 28, 2006 Materials Due @ 5: March 28, 2006 Materials Due @ 5: April 4, 2006 Study Session - OVERSCHEDULED Workshop Agenda Tualatin River Wildlife Refuge Opening Event Start at 6:00 p.m. Community Attitude Survey - Tom C. Contribution - Duane R. - 20 min. Executive Session - Labor Negotiations - 15 min. Z Police Patch Design Consideration-Bill D.-10 min. 1. Joint Meeting with Library Board - Margaret - City Mgr.Perf. Review & Process - Craig P. - 45 min. 30 min. SI 0 o Amend TMC to allow muffled compression 2. Balloon Festival Discussion - Dennis K. - 10 min. tw brakes - ORD Tom C. - 10 min. 3. Washington Square Discussion w/John Consent Agenda Genovese of Macerich Corp - Tom C.- 30 min. LCRB - Authorize approval of IGA with Clean 4. Greenburg Road Alternatives Analysis Water Svcs. for Fanno & Hiteon Creek Report - PPT - Gus D. - 30 min. Restoration Projects - Dennis K. 5. Planned Development Code Revision - LCRB - Award Audit Svcs. Contract - Bob S. w/ PD Code Committee - Tom C. - 60 min. Approve IGA Amendment No. 1 with ODOT 6. Proposed Street-Cut Moratorium - Nancy W. for Greenburg Road Project - Gus. D. 20 min. PPT Extend Budget Comm. Terms - RES -Bob. S.-10 min. 7. Tigard Municipal Code Revisions - Business Meeting Incorporate Privilege Tax - Gus/Nancy/Bob S. Proclamation - Arbor Day - Dennis - 5 min. 20 min. Proclamation - Community Dev. Week - Tom C. - 5 min. Proclamation - Days of Remembrance - Joanne B. - 5 min. Property Tax Exemption for Three Non-Profit Low Income Properties - RES - Bob S. - 20 min. Time Avail: 135 min. - Time Scheduled: 35 min. Time Avail: 200 min. - Time Scheduled: 215 min. Time Left: 100 min. Time Left: (-15 min.) THS Student Envoy - Citizen Comm. 4/4/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: April 25, 2006 Meeting Date: May 9, 2006 Meeting Date: May 16, 2006 Meeting Type/Time: Business/6:00 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: April 11, 2006 Materials Due @ 5: April 25, 2006 Materials Due @ 5: May 2, 2006 Study Session Study Session Workshop Agenda Update on City Hall Civic Studio - Gary E. - 10 min. Exec. Session - City Attorney Update on Consider Amendments to Mgmt/Super/Prof Pending Litigation - Tom C. - 30 min. Group Personnel Rules - Sandy Z. - 10 min. Meeting with Municipal Court Judge - Tom I. / Consent Agenda Nadine - 30 min. SI LCRB - Consider IGA with CWS &TriMet for Enhanced Citizen Participation Update - Liz N.- Fanno Ck. Wetlands Mitigation Site -Dennis K. Consent Agenda 30 min. - SI LCRB - Award 93rd Avenue (Sewer Reimb.Dist. Citizen Leadership Group Project No. 36) Const. Contract - Gus. D. Presentation - Liz N. - 20 min. Approve Budget Amnd. #11 to fund a portion of Metro Poll on Attitudes Toward Growth the Tual. River Wildlife Refuge Grand Opening - and Land Use - Tom C. - 40 min, Bob S./Tom C. - RES Business Meeting Amend Management/Supervisor/Professional Resolution of Appreciation THS Student Envoy Group Personnel Rules - RES - Sandy Z. Krista Foltz - Cathy W.- 5 min. WILI Internet Filter IGA w/WCCLS- Margaret B. Update from the Youth Advisory Council - Liz - Business Meeting 15 min. - SI Car Fire Life Saving Medals - Bill D. - 15 min. Wall Street Extension - PHQJ, ORD - Proc.: Be Kind to Animals Week - Joanne 5 min. PPT - Denver I./Tom C. - 60 min. 1st Qtr.Goal Update - Craig P./Joanne B. - 10 min. SI Annual Vol. Pro. Highlights - Bob R. PPT -20 min. Emerg. Mgmt. Program Update - Mike L. 10 min. Purchase of Real Property Related to 550' Zone Reservoir No.2 - Dennis K./Brian - 10 min. Willamette Water Coalition Rec. - Dennis K. -10 min. Wilson Ridge No. 2 Annexation - PHQJ, ORD - Beth S. & Tom C. - 60 min. Finalize Sewer Reimb. Dist. No. 33 (Walnut St.) - Gus D.- PPT - RES - INFORM. PH - 10 min. Time Avail: 135 min. -Time Scheduled: 150 min. Time Avail: 135 min. - Time Scheduled: 80 min. Time Avail: 200 min. - Time Scheduled: 150 min. Time Left: (-15 min.) Time Left: 55 min. Time Left: 50 min. THS Student Krista to introduce next year's envoy 4/4/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: May 23, 2006 Meeting Date: May 30, 2006 Meeting Date: June 13, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: 5th Tues./7 PM Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: Water Building Aud. Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: May 9, 2006 Materials Due @ 5: May 16, 2006 Materials Due @ 5: May 30, 2006 Study Session Fifth Tuesday Meeting Study Session Consent Agenda Consent Agenda Business Meeting Business Meeting Time Avail: 135 min. - Time Scheduled: min. Time Avail: 135 min. - Time Scheduled: min. Time Left: min. Time Left: min. 4/4/2006 1 AGENDA ITEM # VJ FOR AGENDA OF April 11, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Extension Of Budget Committee Terms To Coincide With Annual Budget Process PREPARED BY:• Robert Sesnon DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council extend the current terms of the existing Budget Committee members for an additional six months beyond each one's expiration? STAFF RECOMMENDATION Extend the current terms of the Budget Committee members for an additional six months so that the terms expire on December 31 to coincide more closely with the annual budget process. INFORMATION SUMMARY As required by state law (ORS 294.336) the City Council is required to appoint members to the Budget Committee for three-year terms. By City of Tigard resolution, the members are limited to two consecutive terms, not withstanding prior appointment to an unexpired term. Historically, these terms have ended on June 30, after the annual budget process is completed. New members are appointed and begin their terms on July 1 and then wait many months before having much involvement. By changing the terms to end in December this would align the terms with the annual budget process and allow new members time to get briefed and comfortable with their role before beginning the budget hearings. OTHER ALTERNATIVES CONSIDERED The Council may choose to take no action. In this case terms of Budget Committee members would continue to expire on June 30. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT This addresses the following City Council adopted goal for 2006: Improve Communication and Relationship with Citizens This also addresses the Tigard Beyond Tomorrow Vision Statement: Community Character and Quality of Life goal for communication ATTACHMENT LIST None FISCAL NOTES There are no costs associated with this item. AGENDA ITEM # V FOR AGENDA OF April 11, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment No. 1 to the Greenburg Road Project Agreement with ODOT ( Oregon Department of Transportation) Olbo PREPARED BY: A.P. Duenas DEPT HEAD OIL CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council approve Amendment No. 1 to the Greenburg Road Project Agreement with ODOT (Oregon Department of Transportation) delaying commitment of the federal funding received through the MTIP (Metropolitan Transportation Improvement Program) until an appropriate project can be identified for implementation? STAFF RECOMMENDATION Approve, by motion, Amendment No. 1 to. the Greenburg Road Project Agreement with ODOT and authorize the Mayor and City Recorder to sign the documents. INFORMATION SUMMARY This amendment implements an earlier Council decision directing the redesign and reduction in cost of a proposed improvement project on Greenburg Road. The original project agreement with ODOT was approved by Council at the October 29, 2002 meeting. That agreement obligated funding for preliminary engineering in the amount of $270,000 and right-of-way acquisition in the amount of $390,000. Since then, the City was granted an additional million dollars for construction. However, the estimated project cost doubled since the original estimate was prepared in 1999, rising from $2.5 million to $5.0 million. Part of the estimated cost increase was replacement of the culvert crossing Ash Creek with a new structure. The significant increase in materials and labor costs since then, coupled with more extensive environmental work envisioned around the creek crossing, accounted for the rest of the revised estimated cost. Council decided that the project should not be constructed as proposed and approved a request to Metro and ODOT (Resolution No. 05-53) to hold the federal funding ($1,660,000 total) in reserve until an appropriate project could be defined to fit the funding available. Metro and ODOT approved the request and ODOT prepared an amendment to the original project agreement. They both concluded that the simplest way to reserve the funding is to move the preliminary engineering and right-of-way amounts into a future implementation year, but retain the existing project until a new project can be identified. This amendment to the original agreement therefore does the following: • Withdraws the funding committed for preliminary engineering and right-of-way acquisition. • Delays the obligation of the entire grant until calendar year 2009 (the year the additional million dollars is expected to be obligated) to allow sufficient time for the City to identify an appropriate project. Once the future project is selected, the funding can be directed to that project and the timing of obligation can be revised to allow for design, right-of-way acquisition and construction. Approval of the amendment is necessary to ensure that the entire funding is reserved until the City is ready to apply it to an appropriate project. OTHER ALTERNATIVES CONSIDERED N/A COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The Highway 99W Corridor Improvement and Management Plan would develop a list of projects to meet the Council Goal to "Improve 99W Corridor" and the Tigard Beyond Tomorrow goal of "Improve Traffic Flow." The selected project, if drawn from the Highway 99W corridor project list, would enhance traffic flow on Highway 99W. A project at the Greenburg Road intersection with Tiedeman Avenue (and adjacent intersection of Tiedeman with North Dakota Street) would improve the traffic flow at that congested intersection. ATTACHMENT LIST 1. Amendment No. 1 to the Greenburg Road Project Agreement with ODOT 2. Resolution No. 05-53 - A Resolution Authorizing MTIP Funding for the Greenburg Road Project to be Held in Reserve for a Future City Project FISCAL NOTES The federal funding available through the MTIP program is as follows: Preliminary Engineering: $ 270,000 Right-of-Way: $ 390,000 Construction: $1,000,000 Total available for a future project: $1,660,000 The entire MTIP funding is delayed until calendar year 2009. The City will be working with Metro and ODOT to identify an appropriate project before the funding needs to be obligated for the project. The amendment pushes the expiration date of the funding to December 23, 2014. iAeng\gus\coundl agenda summadesW-11-06 amendment no. 1 to the greenburg road project agreement ais.doc Misc. Contracts & Agreements No. 19,146 AMENDMENT NO. 1 SURFACE TRANSPORTATION PROJECT - METRO ONLY Washington Square Dr. - Tiedeman Ave. (Tigard) The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as State; the City of Tigard, acting by and through its Elected Officials, hereinafter referred to as Agency; and Washington County, a political subdivision of the State of Oregon, acting by and through its Board of County Commissioners, hereinafter referred to as County, entered into Local Agency Agreement No. 19,146 on December 23, 2002. Said agreement covers the widening of Greenburg Road from Shady Lane to Tiedeman Avenue with bike lanes, sidewalks, and signal modifications, hereinafter referred to as "Project." It has now been determined by State and Agency that the agreement referenced above, although remaining in full force and effect, shall be amended by this agreement to remove the fixed funding for PE and right-of-way, add funding and up-date standard language. Therefore the above mentioned agreement shall be amended as follows: Page 1, Recitals, Paragraph -2, which reads: "2. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties." Shall be deleted in its entirety and amended to read: "2. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties." Insert new Paragraph 10 of Terms of Agreement, Page 3, to read as follows: "3. The federal funding for this Project is contingent upon approval by the FHWA. Any work performed prior to acceptance by FHWA will be considered nonparticipating and paid for at Agency expense." Page 1, Terms of Agreement, Paragraph 2, which reads: 112. The Project shall be conducted as a part of the Federal-Aid Surface Transportation Program, Title 23, United States Code. The total Project cost is estimated at $2,725,000. This agreement sets the terms and funding for the Preliminary Engineering (PE) and right-of-way acquisition phases of the Project only. The Metro Priorities 2000 STP funds for this Project shall be limited to $270,000 and are for. PE. Key #11436 M C & A No. 19,146, Amendment No. 1 CITY OF TIGARD & WASHINGTON COUNTY The Metro Priorities 2002 STP funds are limited to $390,000 and are for Right-of-Way. The project will be financed with Surface Transportation Program funds at the maximum allowable federal participating amount, with Agency providing the match and any non-participating costs. The terms for subsequent phases of the Project shall be set by future agreement(s). The estimate for the total project cost is subject to change." Shall be deleted in its entirety and amended to read: "2. The Project shall be conducted as a part of the Federal-Aid Surface Transportation Program (STP), under Title 23, United States Code. The total Project cost is estimated at $4,436,000, which is subject to change. The STP local funds for this Project shall be limited to $1,660,000. The project will be financed with STP funds at the maximum allowable federal participating amount, with Agency providing the match and any non-participating costs, including all costs in excess of the available federal funds." Page 2, TERMS OF AGREEMENT, Paragraph 3 which reads: "3. The term of this agreement shall begin on the date all required signatures are obtained and shall terminate within six calendar years following that date." Shall be deleted in its entirety and amended to read: 'g3. The term of this Agreement shall begin on the date all required signatures are obtained and shall. terminate upon completion of the Project and final payment or by December 23, 2014, whichever is sooner." Page 2, TERMS OF AGREEMENT, Paragraph 4-d which reads: "d. If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement." Shall be deleted in its entirety and amended to read: "d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement." 2 M C & A No. 19,146, Amendment No. 1 CITY OF TIGARD & WASHINGTON COUNTY Page 2, Paragraph 5 of Terms of Agreement, which reads: 115. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2." Shall be deleted in its entirety and amended to read: 115. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2." Page 3, Paragraph 6 of Terms of Agreement which reads: 116. Agency, as a recipient of grant funds, pursuant to this agreement with the State, shall assume sole liability for Agency's breach of the conditions of the grant, and shall, upon Agency's breach of grant conditions that requires the State to return funds to the Federal Highway Administration, the grantor, hold harmless and indemnify the State for an amount equal to the . funds received under this agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this agreement." Shall be deleted in its entirety and amended to read: "6. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to the Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the'funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, including but not limited to Article XI, Section 10 of the Oregon Constitution, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this agreement." 3 M C & A No. 19,146, Amendment No. 1 CITY OF TIGARD & WASHINGTON COUNTY IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This Project is in the 2006-2009 Statewide Transportation Improvement Program that was approved by the Oregon Transportation commission on August 17, 2005. (Key No. 11436). The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On November 10, 2004, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates to the Deputy Director, Highways the authority to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission or in a line item in the biennial budget approved by the Director. 4 M C & A No. 19,146, Amendment No. 1 CITY OF TIGARD & WASHINGTON COUNTY APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation By Region 1 Manager By Date Deputy Director, Highways By Date Tech Serv Mgr/Chief Engineer Date CITY OF TIGARD, by and through its Elected Officials APPROVED AS TO By LEGAL SUFFICENCY Mayor By By Assistant Attorney General Recorder Date Date APPROVED AS TO LEGAL SUFFICENCY WASHINGTON COUNTY, by and through its Elected Officials By City Attorney By Date Chair Date APPROVED AS TO LEGAL SUFFICENCY AGENCY Billing Address: CITY OF TIGARD By 13125 SW Hall Blvd. County Attorney Tigard, OR 97223 Date 5 CITY OF •TIGARD, OREGON RESOLUTION NO. 05- 53 A RESOLUTION AUTHORIZING MTIP FUNDING FOR THE GREENBURG ROAD PROJECT TO BE HELD IN RESERVE FOR A FUTURE CITY PROJECT WHEREAS, the City has received federal funding for the Greenberg Road Improvement Project (Shady Lane to Tiedeman Avenue) from the Metro MT1P (Metropolitan Transportation Improvement Program) Priorities 2000, 2002, and 2007-09 solicitation processes; and WHEREAS, the total MTIP funding approved is $1,660,000; and WHEREAS, the project originally estimated at $2,500,000 in 1999 is now estimated at $5,000,000; and WHEREAS, the City's local match has increased from one-third of the total project cost to two-thirds of the current estimated cost; and WHEREAS, Council has directed that the project be redefined or downsized to ensure that the federal funding contributes to a major share of the project cost; and WHEREAS, Metro has agreed to consider placing the funds in a reserve account to be applied to. a future high priority project in the vicinity of the Washington Square Regional Center, Highway 99W between the Tigard Town Center and the Regional Center, or the Tigard downtown area; and.... . WHEREAS, studies authorized in FY 2005-06- for the Highway 99W corridor and the Greenburg Road/Highway 99W intersection are expected to produce a list of high priority projects; and ' WHEREAS, an appropriateproject commensurate with the federal funding available can be selected from the high priority projects identified through these studies. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The placement of the MTIP funding for the Greenberg Road Improvement Project in a reserve account to be applied to a future high priority City project is hereby authorized. SECTION 2: City staff is authorized to coordinate with Metro for the placement of these funds in a reserve account pending selection of a future project. SECTION 3: This resolution is effective immediately upon passage. RESOLUTION NO. - 05 - 5 3 Page 1 PASSED: This c;?- day o S 2005. Mayor - ity of Tigard ATTEST: 'City Recorder - City of Tigard J• mglpushesolulloml&s rosAftn 2"llZlnp ndlp funds for Iha (IMMurg mad pmleot to be hdd In reseme.doe RESOLUTION NO. - 05 - 5 3 Page 2 AGENDA ITEM # FOR AGENDA OF A12til 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorize the Mayor to Approve the Intergovernmental Agreement a GA) with Clean Water Services CWS for Fanno and Hiteon Creek Enhancement Projects PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Consider the IGA. STAFF RECOMMENDATION Approve the IGA. INFORMATION SUMMARY This IGA is related to the Healthy Streams Plan. The Council heard a presentation describing the plan at their March 28, 2006, meeting. As discussed at that meeting, Tigard is focusing on implementing projects to improve problem culverts and outfalls and replant stream corridors. This IGA, between the City and CWS, outlines work to cooperatively complete two stream enhancement projects located in close proximity to each other. Both enhancement projects implement goals defined in the Healthy Streams Plan. CWS and City utility crews will construct the projects located on Fanno and Hiteon Creek. This partnership will provide a cross-training opportunity where Tigard staff will learn about stream restoration techniques. The knowledge and skills gained by this experience will be applied to future City restoration projects. This partnership benefits both parties by: (1) providing Tigard an opportunity to train staff and to construct Hiteon Creek using our own construction crews, and (2) by allowing CWS to complete an important restoration project on Fanno Creek that could not be completed under current City codes without City sponsorship. OTHER ALTERNATIVES CONSIDERED Not approve the IGA. This would result in a lost opportunity to train City staff in stream restoration techniques. Should the project proceed without benefit of the IGA, the City would need to hire an outside contractor to construct the project. This is likely to increase overall project costs. Not approving the IGA would also result in stopping the Fanno Creek restoration project, since no major land form alterations are allowed in the area, including restoration work, unless the project is sponsored by the City. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The Fanno and Hiteon Creek Enhancement Projects support a number of the City's Vision Task Force Goals by protecting the natural environment, protecting and restoring open space, and serving as an effective storrnwater management tool. The specific goals addressed include: 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. IGA for Fanno and Hiteon Creek Enhancement Projects FISCAL NOTES Tigard's share of the project, if constructed in-house, is expected to cost $90,000. The proposed FY'06/'07 budget identifies $90,000 for these projects, which would be financed with Water Quality/Quantity funds. 0 Attachment 1 INTERGOVERNMENTAL AGREEMENT FANNO AND HITEON CREEK ENHANCEMENT PROJECTS CLEAN WATER SERVICES AND CITY OF TIGARD This agreement, dated , 20062 is between CLEAN WATER SERVICES, a county service district formed under ORS Chapter 451, hereinafter referred to as "Clean Water Services" and the CITY OF TIGARD, hereinafter referred to as "Tigard". A. RECITALS WHEREAS, ORS 190.003 -190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary; and WHEREAS, Clean Water Services and Tigard collaborate on projects that enhance riparian and floodplain ecological functions and values, pretreat and manage storm water, and allow for sanitary sewer service, in an effort to improve water quality in the Tualatin Basin; and WHEREAS, Clean Water Services and Tigard entered into an intergovernmental Agreement dated January 25, 2005 that articulates the procedures for working together on projects; and WHEREAS, Clean Water Services and Tigard agree to work cooperatively on Fanno Creek at Englewood Park and Hiteon Creek stream enhancements, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: B. PROJECT DESCRIPTION The project will enhance the ecological functions of Fanno and Hiteon Creeks and offer Clean Water Services and Tigard a unique hands-on partnership training opportunity by implementing the following projects beginning in June 2006 through March 2007: Fanno Creek (Scholls Ferry Road to N. Dakota Rd) 1. Re-meander a straightened portion of the stream, backfill straightened areas, add large wood and gravels for habitat complexity, and remove obstructions to fish passage per approved plans. 2. Replant wetland and riparian areas with native vegetation per the Clean Water Service's standards for erosion control and revegetation. Hiteon Creek (Confluence with Fanno Creek to Scholls Ferry Road) M U 1. Adjust or replace culverts and manmade structural elements that impede fish passage up to but not including Springwood Road. 2. Add large wood to promote floodplain function, channel complexity, and fish habitat per approved plans. 3. Replant wetland and riparian areas with native vegetation per the Clean Water Service's standards for erosion control and revegetation. 4. Install sediment trapping devices and bioswales to treat runoff from Scholls Ferry Road and upstream sources, along upland portions of Hiteon Creek between Scholls Ferry and Springwood Roads per approved plans. Clean Water Services Project Manager is Peter Guillozet and Tigard's Project Manager is Carla Staedter. C. CLEAN WATER SERVICES OBLIGATIONS Clean Water Services will manage the project by completing the following activities: 1. Secure approval of all enhancement activities with Clean Water Services Development Review, Division of State Lands, Corps of Engineers, Oregon Department of Fish and Wildlife, and other state and federal regulators as necessary. 2. Gather and deliver all project supplies including equipment (crew truck, dump truck, excavator, skid steer, and back hoe), rock, wood, fabric, and plant materials. 3. Coordinate Clean Water Services' and Tigard field crews who will complete the construction aspects of the projects. Provide expert training and advice on stream enhancement, in-stream water work techniques, and culvert installation for optimal fish passage (with Oregon Department of Fish and Wildlife assistance). 4. Coordinate the contractors who will complete the revegetation and vegetation maintenance of the Fanno project. 5. Monitor and maintain the Fanno Creek project site until it becomes fully established. 6. Communicate and coordinate with Tigard Project Manager on all aspects of the projects. D. TIGAR.D OBLIGATIONS Tigard will manage the project by completing the following activities: 1. Secure all necessary permits for the projects through the Tigard land use process by May 1, 2006. 2. Prepare and distribute notice to affected neighbors. Respond to public calls regarding the projects. Post signage regarding the project along the trail route. Close and/or manage the trail accesses for the duration of the project to maximize the safety of citizens and staff. 3. Provide a Tigard field construction crew (up to three sta) and equipment (dump truck, backhoes, misc tools) for up to a month to work with Clean Water Services crews to implement the construction elements of the projects. The activities will provide hands-on training in stream enhancement and fish passable culvert installation. 4. Coordinate the contractors who will complete the revegetation and vegetation maintenance of the Hiteon creek project. 5. Monitor and maintain the Hiteon creek project site until it becomes fully established. 6. Communicate and coordinate with Clean Water Services Project Manager on all aspects of the project. E. COMPENSATION As a partnership project there will be no compensation required for this project. Each entity will provide in-kind services as noted above. Costs for project services will be tracked by each entity and shared at the end of the project to account for the total project costs. F. GENERAL TERMS 1. Laws and Regulations. Tigard and Clean Water Services agree to abide by all applicable laws and regulations. 2. Term of this A erent. This agreement is effective from the date of execution by both parties and shall remain in effect until the project is complete and the parties obligations have been fully performed. 3. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the others and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of; or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 4. Integration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement and no waiver by a party of any right under this agreement shall prejudice the waiving party's exercise of the right in the future. 5. Amendments/Waivers. No waiver of any portion of this agreement and no amendment, modification or alteration of this agreement shall be effective unless in writing and signed by the Tigard authorized representative and Clean Water Services' General Manager or the General Manager's designee. 6. Attorney Fees. If any dispute arises concerning the interpretation -or enforcement of this agreement or any issues related to the U.S. Bankruptcy Code (whether or not such issues relate to the terms of this agreement), the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the nonprevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal. 7. Termination. This agreement may be terminated immediately by mutual written agreement of both parties, or by either of the parties notifying the other in writing, with the termination being effective in 30 days. 8. Resolution of Disputes. If any dispute arising out of this agreement cannot be resolved by the project managers from each party, the Mayor and Clean Water Service's General Manager will attempt to resolve the issue. If the Mayor and Clean Water Service's General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs.. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 9. Interpretation of Agreement. A. This agreement shall not be construed for or against any.party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this agreement are for ease of reference only and shall not be used in constructing or interpreting this agreement. 10. Severability/Survival. If any of the provisions contained in this agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of c - liability, indemnity and conflicts of interest shall survive the termination of this agreement for any cause. 11. Approval Required. This agreement and all amendments shall not be effective until approved by 1) Clean Water Services' General Manager or the General Manager's designee and, when required by applicable Clean Water Services rules, Clean Water Services' Board of Directors and 2) the Tigard City Council. 12. Choice of Law/Venue. This agreement and all rights, obligations and disputes arising out of the agreement shall be governed by Oregon law. All disputes and litigation arising out of this agreement shall be decided by the state courts in Oregon.. Venue for all disputes and litigation shall be in Washington County, Oregon. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first written above. CLEAN WATER SERVICES CITY OF TIGARD, OREGON By. By: Bill Gaffi, General Manager Craig Dirksen, Mayor APPROVED AS TO FORM APPROVED AS TO FORM 1 Clean Water Servi s Counsel TIGARD Attorney AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award Contract for Audit Services PREPARED BY: Joe Barrett DEPT HEAD OK CITY MGR OK Ly ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board award a contract for audit services to Grove, Mueller & Swank, P.C. STAFF RECOMMENDATION Staff recommends the contract for audit services be awarded to Grove, Mueller & Swank, P.C. INFORMATION SUMMARY This agenda item awards a contract for up to five years to the firm of Grove, Mueller & Swank, P.C. to serve as the City's independent outside auditor. All municipal corporations in the State of Oregon are required to be audited annually under Oregon Revised Statute 297.405. The annual audits are to be conducted in accordance with generally accepted auditing standards. Municipalities contract with certified public accounting firms to conduct these audits under these guidelines. The firm of Pauly, Rogers and Co., P.C. has been the City's auditing firm for the past seven years. As Tigard's last solicitation for the services was five years ago, staff conducted a formal Request for Proposals in accordance with Tigard's Public Contracting Rules. Four firms submitted proposals in response to the Request for Proposals. The proposing firms, along with their estimated number of hours and proposed first year pricing, were: Firm Hours Amount 1. Merina & Company, LLP 220 $19,100 2. Pauly, Rogers and Co., P.C. 340 $23,000 3. Grove, Mueller & Swank, P.C. 240 $23,500 4. Talbot, Korvola & Warwick, LLP 410 $43,050 An audit review committee composed of City staff reviewed and graded each proposal based on their qualifications, level of experience, ability, understanding of the issues associated with an audit the size of the City of Tigard's, and compensation as detailed in the Request for Proposals. Staff also interviewed each of the four firms and incorporated the interviews into the criteria scoring matrix. Based upon the criteria scores along with the interviews, the audit review committee has determined Grove, Mueller & Swank would provide the highest quality of services to the City. OTHER ALTERNATIVES CONSIDERED 1. Direct staff to reject all proposals and issue a revised Request for Proposals. 2. Award contract to alternate firm. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None. ATTACHMENT LIST None. FISCAL NOTES The cost for the first year of this agreement is $23,500. Fees for subsequent years would increase only for the Portland-Metropolitan Consumer Price Index W. The funds for this service are budgeted through the Financial Operations Division. AGENDA ITEM # FOR AGENDA OF April 11, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Granting an Exemption from Property Taxes Under Tigard Municipal Code Section 3.50 for Three Non-Profit Low Income Housing Projects Owned and Operated by Community Partners for Affordable Housing (C~ PAH) and One Housing Project that is Operated by Tualatin Valley Housing Partners MI HP) PREPARED BY: Robert Sesnon DEPT HEAD OK ~S CITY MGR OK C ISSUE BEFORE THE COUNCIL Shall three low-income housing projects owned and operated by the Community Parmers for Affordable Housing (CPAH) and one housing project managed and operated by the Tualatin Valley Housing Partners (TVHP) be exempted from City of Tigard property taxation for 2006? STAFF RECOMMENDATION Staff recommends approval of this resolution. INFORMATION SUMMARY Tigard Municipal Code 3.50 allows certain organizations providing low income housing to be exempted from Tigard property taxation upon application by March 1 of each year and a demonstration of compliance with certain criteria listed in the Code. Community Partners for Affordable Housing owns and operates Greenburg Oaks (formerly Villa La Paz), located at 1.1875. SW 91" Avenue in Tigard. Community Partners for Affordable Housing also owns a single family house located at 9330 SW Tangela Ct. in Tigard, and also a low-income housing project on SW Hall Blvd. known as the Village at Washington Square. These projects are operated as low-income housing and meet all critieria listed in the Tigard Municipal Code. Commuity Partners for Affordable Housing submitted the three applications for exemption from 2006 property taxes on February 10, 2006 which is well within the March 1 deadline. All three properties were exempted from property taxation in 2005. Tualatin Valley Housing Partners has again applied for the low-income housing tax exemption for the 119-unit -Hawthorne Villa, located at 7705 SW Pfaf le Street. The application for exemption was submitted on February 20, 2006, also well within the March 1 deadline. This will be the second year that Tualatin Valley Housing Partners has applied for this exemption. The applications were reviewed by staff in the City's Community Development Department and found that the requested tax exemptions are consistent with the applicable Tigard Municipal Code and also the adopted City housing policy. The attached resolution gives consent from the City of Tigard for this tax abatement. Under state law, Community Partners for Affordable Housing and Tualatin Valley Housing Partners must receive similar approval from jurisdictions accounting for 51% (or more) of the total property taxes to be levied on these properties. Both organizations will also make application to the other taxing units. OTHER ALTERNATIVES CONSIDERED Do, not approve this tax exemption. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Vision Statement: Growth and Growth Management Goals: #3) Encourage affordable housing development through public/private partnerships. #.4) Distribute affordable housing throughout the community where it is close to services and transportation. ATTACHMENT LIST Resolution Three applications from Community Partners for Affordable Housing. One application from Tualatin Valley Housing Partners. Memo from Duane Roberts regarding CPAH's and TVHP's applications meeting Tigard Municipal Code criteria. FISCAL NOTES The estimated assessed value of the four properties and the estimated impact of an exemptioin from City of Tigard property taxes are shown below: Property Estimated City of Tigard City of Tigard Total Tax Rate Total Property Assessed Value * Tax Rate Property Tax Tax Impact Including Bond Impact Levy) (Estimated) Village at $2,510,190 $2.7154/$1,000 $6,816 $16.3448/$1,000 $41,029 Washington S uare Single Family $171,051 $2.7154/$1,000 $465 $16.3448/$1,000 $2,796 Home - 9330 SW Tan ela Ct. Oreenbur Oaks $2,919,583 $2.7154/$1,000 $7,928 $16.3448/$1,000 $47,720 Hawthorne Villa $2,351,748 $2.7154/$1,000 $6,386 $16.3448/$1,000 $38,439 Total Impact $21,595 $129,984 *Because these properties have been exempted from property taxation in the past, Washington County does not show a current assessed value. This figure is an estimated value. Tom Imc+ieke - affordablehousing. tax exempt.05.doc Page 1 i CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Tom Imdieke FROM: Duane Roberts I DATE: 2/28/06 SUBJECT: Applications for Tax Abatement The Tigard-based Community Partners for Affordable Housing (CPAH) has submitted separate applications for low-income housing tax exemptions for three properties it owns and manages inside the City. The three include the 26-unit Village at Washington Square, the 84-unit Greenburg Oaks (formerly, Villa La Paz), and a four-bedroom single family house located two blocks from the i Greenburg Oaks units. TMC 3.50.020, "Nonprofit corporation low income housing; exempt criteria", provide standards for considering exemption requests. These criteria and whether and how the CPAH applications meet each criterion are reviewed below. 1. The property is owned or being purchased by a corporation that is exempt from income taxes under section 501(c) (3) or (4) of the Internal revenue Code A copy of an Internal Revenue Service letter, dated March 11, 1999, verifies that CPAH qualifies as a 501(c) organization. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, I i Tom Imc~ieke - affordablehousing.tax exempt.05.doc Page 2J literary or educational purposes or to the State of Oregon. The list of submittal requirements under TMC 3.50.040 does not include any reference to information on asset liquidation, and the CPAH applications do not contain any such information. The director has verbally confirmed to staff that the organization's incorporation papers do, if fact, include a provision of this kind. 3. The property is occupied by low income persons. The TMC defines low income as household income at or below 60% of area median. According to the CPAH submittals, in the case of all three of its projects, tenant income is verified upon application and is re-certified on an annual basis. Household income at or below 60% of median is the cut-off for continued eligibility. Within each of its applications, CPAN certifies that all residents served by the three properties in question earn at or below the 60% level. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501 (c) (3) or (4) of the Internal Revenue Code I The applications certify and a staff visit to the two apartment complexes confirms that all the property is exclusively used for the intended purposes. 5. The exemption has been approved as provided in section 3.50.050 This criterion relates to the required City process for handling exemption requests. i Conclusion: i CPAH-owned properties have qualified for tax abatement each year since 1996. According to the applications submitted for FY 06/07 abatement, no change in circumstances have occurred that would disqualify the non-profit housing provider from continuing to receive the exemption. The "Affordable Housing Program", adopted 9/03 as "a complete and official statement of the City's overall affordable housing program", includes tax abatement as one of the City's strategies for facilitating affordable housing in the community. Its purpose is to allow the operators of low-income housing to decrease annual operating expenses, thereby allowing them to serve lower- income households. As such, granting the exceptions to CPAH would be consistent with the applicable TMC standards and also with adopted City housing policies. I 011101 gin List] . In a i FOR AFFORDABLE HOUSING, INC. PO Box 23206 • Tigard OR 97281-3206 • Te1:503.968.2724 • Fax:503.598.8923 • www.cpahinc.org • info@cpahinc.org City of Tigard Anpication ~rTaxAbrement February 10, 2006 Village at Washington Square 11157-11163 SW Hall Boulevard, Tigard 1A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter 1 A. Property Description Village at Washington Square is located at 11157-11163 SW Hall Boulevard, between SW Spruce and SW Pfaffle in Tigard. The site is located within the Washington Square Regional Center and is proximate to many employment opportunities as well as public transportation and other services. The Village at Washington Square includes three residential buildings with a total of 26 dwelling units, and a community building, all arranged around a central courtyard/play yard. The project includes one studio, seven one-bedroom, five two-bedroom, seven three-bedroom and six four-bedroom units. Eleven of the units are traditional apartments, while the other 15 are townhouse style homes with entrances on the second floor. The project includes a small green space with benches, a path and a butterfly garden. The total site sits on .84 acres. Legal Description: Partition Plat 1998-038, Lot 1 and Partition Plat 1998-038, Lot 2 in the City of Tigard, County of Washington, State of Oregon Tax Lot: 1 S 135DA (04600 & 04700) B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of, permanent affordable housing, sustainable economic growth, and community-based partnerships. The Village at Washington Square was the first addition of affordable units to the Tigard housing stock in a decade. The 26 units are priced to be affordable to very low-, low- and moderate- income residents on effectively a permanent basis. CPAH has entered into covenants with the state and Washington County to preserve The Village at Washington Square as affordable housing for a minimum of sixty (60) years. These covenants are recorded with the title of the property and require that rents will be affordable to households at 30%,45% and 60% of area median income and significantly below market rents. Half of the units are three and four bedroom units to allow us to serve large low-income families who have often been unable to find larger, affordable units in Tigard. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to be sure that our programs are well-coordinated with other community resources. CPAH works closely with Community Action and other agencies to provide information and referral as well as emergency services like food boxes and rent and utility assistance. Coordination agreements with social service programs such as HopeSpring (a partnership of Lutheran Family Services, Centers, Community Action Organization, Good Neighbor Center, Luke-Dorf, and Lifeworks, NW enhance ongoing case management and link stable housing with successful program outcomes. The Community Center at The Village at Washington Square is the focal point of the support, skill building, and community building activities offered by CPAH through its resident services programs. CPAH's on-site three-computer learning center is used by youth for homework, research, e-mail, and educational games; and by adults for job search activities and Internet access. CPAH offers a variety of adult services as well. These include Neighborhood Watch, classes in support of parenting skills, budgeting and other financial literacy skills, and nutritional shopping and cooking. The center is also host to weekly HopeSpring self-sufficiency classes. APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 The Village at Washington Square is located within a census tract (309) which has a higher than average concentration of low-income rental households. The number of residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9%). This area boasted the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population base, it is home to nearly 16% of the city's minority households. C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy. Residents may remain in their units as long as they income qualify at entry. Rents are well below the market for the area. We certify that all residents served by this property earned at or below 60% of the AMI. Compliance with income restriction requirements is audited annually by the State of Oregon Department of Housing and Community Services, Washington County Office of Community Development, and by our limited partner investor, Key Bank. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents. Every dollar reduction in operating costs is passed on as a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is the general partner of the Village at Washington Square Limited Partnership, a single asset nonprofit corporation. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually, as does the Village at Washington Square. The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. Martin Soloway, Deputy Director, H sing Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1155559 LIAR 1 l fill DLN : 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID# 31187 PO BOX 23206 Contact Telephone Number: TIGARD, OR 97281-3206 (877) 829-5500 Our Letter Dated: February 1995 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 k•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, District Director Letter 1050 (DO/CG) FOR AFFORDABLE HOUSING, INC. • PO Box 23206 • Tigard OR 97281-3206 • Te1:503.968.2724 • Fax:503.598.8923 • www.cpahinc.org • info@cpahinc.org City of Tigard Application for Tax Abatement February 10, 2006 Tangela Single Family Rental Home 9330 SW Tangela A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information 1G. IRS Letter A. Property Description Community Partners for Affordable Housing, Inc. acquired the single family "Tangela House" at 9330 SW Tangela in Tigard, on December 31, 1999, with assistance from the Washington County CDBG program and a loan from Washington Mutual Savings Bank. It is located just two blocks from CPAH's largest multifamily project, Greenburg Oaks (formerly Villa La Paz). The two story 1,916 square foot house sits on a 5,450 square foot lot and is zoned R-7 residential. CPAH converted an upstairs bonus room into a 5th bedroom and completed other necessary repairs after initial acquisition. Legal Description: Barbee Court, Lot 1, Tigard, County of Washington, State of Oregon. Tax Lot: 1 S 135DC-05300. S. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of: permanent affordable housing, sustainable economic growth, and community-based partnerships. CPAH acquired the four-bedroom single family home in order to assist the County and the Good Neighbor Center Shelter in meeting a "replacement unit" requirement triggered by the Uniform Relocation Act when the shelter acquired its current site and demolished a single family home housing a low-income family. CPAH completed needed repairs and upgraded the home to a five- bedroom dwelling, in order to provide a rare opportunity in our community - an affordable single-family rental house for a very large family. The current residents have been stably housed for more than three years, providing a home setting in a quiet residential neighborhood for this family to grow up in. The home is proximate to CPAH's Greenburg Oaks property, where management and resident services are available. The residents of this home are very low-income and eligible for services CPAH offers and coordinates. These services include a computer center, community room, neighborhood watch, Individual Development Account grants, and other programs. The resident services coordinator and property management staff visit the home on a regular basis to ensure that the property is well managed and to maintain an ongoing relationship with the residents. The home is located within a census tract (309) which has a higher than average concentration of low-income rental households. The number of residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9%). This area boasted the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population base, it is home to nearly 16% of the city's minority households. C. Certification of Resident Income Levels Resident income level is verified upon application, and must be less than 60% of the area's median income. Income is recertified annually. The current tenant holds a Section 8 certificate and is also recertified by the Housing Authority of Washington County for continuing APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 qualification for that program. We certify that all residents served by this property earned at or below 60% of the AMI. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is passed on as a direct subsidy for the residents. Every dollar reduction in operating costs results in a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier . students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is direct owner of the Tangela property and is a nonprofit 501(c)(3) organization. Our operations are audited annually to, among other things, confirm that we are in compliance with our charitable status and with requirements of the County grant and Washington Mutual loan documents. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. Martin Soloway, Deputy Director, Housi g WDate APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1155559 VAR 1 1 1~~ DLN : 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID## 31187 PO BOX 23206 Contact Telephone Number: TIGARD, OR 97281-3206 (877) 829-5500 Our Letter Dated: February 1995 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, District Director Letter 1050 (DO/CG) i t1joll CIA jj IN FOR AFFORDABLE HOUSING, INC. • PO Box 23206 • Tigard OR 97281-3206 • Te1:503.968.2724 • Fax:503.598.8923 • www.cpahinc.org • info@cpahinc.org City of Tigard Application for Tax Abatement February 16, 2005 Greenburg Oaks (formerly Villa La Paz) Apartments 11875 SW 91 st Avenue, Tigard A. Property Description B. Project's Charitable Purpose 1C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents 1E. Tax Exempt Status I F. Verification of Information G. IRS Letter A. Property Description Greenburg Oaks Apartments (Tax account # R-276472),11895 SW 915 Avenue, is just off Greenburg Road and Pacific Highway. The complex consists of 84 units in four buildings: 12 one-bedroom/one-bath 564 square foot units, 60 two-bedroom/one-bath 839 square foot units, and 12 three-bedroom/one-bath 1,007 square foot units. In 1998, CPAH added a community facility to the complex. The center houses a computer center, library, multipurpose room and property management office. The site sits on 3.01 acres. Legal Description: The site is located in the southeast'/4 of Section 35, Township 1 South, Range 1 West (Willamette Meridian). Tax Lot: The Washington County Map shows the site as tax lot 23-74-2000, Parcels 1, II, and III. B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of. permanent affordable housing, sustainable economic growth, and community-based partnerships. CPAH's acquisition and renovation of the complex has ensured that the previously neglected property has been professionally managed as safe, decent, and affordable housing for families with a shrinking number of housing options. Our property has significantly reduced the housing burdens of our families. The efficient delivery of our services has improved the health and prospects of all household members, and served to break the multi-generational cycles of poverty. CPAH's commitment to 40 years of affordability for those at 50 and 60% of median income guarantees that these apartments will be affordable effectively for the life of the buildings. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to be sure that our programs are well-coordinated with other community resources. Partnerships with Community Action Organ ization/Neighborshare and Portland General Electric for significant weatherization improvements have resulted in reduced utility bills for families residing in the complex. CPAH works closely with Community Action and other organizations to provide information and referral as well as emergency services like food boxes and rent and utility assistance. Coordination agreements with social service programs such as HopeSpring (a partnership of Lutheran Family Services, Centers, Community Action Organization, Good Neighbor Center, Luke-Dorf, and Lifeworks NW enhance ongoing case management and link stable housing with successful program outcomes. The Community Center at Greenburg Oaks is the focal point of the support, skill building, and community building activities offered by CPAH through its resident services programs. CPAH's on-site six-computer learning center is used by youth for homework, research, e-mail, and educational games; and by adults for job search activities and Internet access. The Tigard Library has twice obtained grant resources to purchase children's material for our on-site library. In the past year, CPAH has offered a variety of adult services as well. These include classes in support of parenting skills, budgeting and other financial literacy skills, and nutritional shopping APPLICATION FOR TAX ABATEMENT PAGE 2 OF 4 and cooking. The community center is also host to a number of general community activities including rent readiness courses, Hopespring parenting classes, financial literacy classes, parenting safety skills and budget and nutrition classes. The community center hosts weekly meetings for AA, NA, and Alanon groups. The project is in the middle of a $3.35 million dollar rehabilitation project. Key elements of this project include: Interior: Replacement of all kitchen and bathroom cabinets and countertops, sinks, faucets, toilets, and garbage disposals. New toilets are water conserving style. Appliances and water heaters replaced with new Energy Star equipment. New showers and tub surrounds. Many apartments will receive new carpet and flooring. Full texture and paint in all apartments. Replace all light fixtures with energy efficient styles. New vented windows and window coverings. Upgrade and enhancement of ventilation system to improve air quality and reduce dampness. All drain and water lines replaced with new. Exterior: Replace all building stucco with cement board siding, new windows, flashing and rain screen to state of the art weather proofing and water control. Remove out-dated and decaying carports. Repaint all exteriors, including the community building. Create ADA accessible routes to all project amenities. Create new recreation area with basketball court. Renew and upgrade site landscaping for sustainability and water efficiency. Reconfigure parking lot, landscaping areas, sidewalks, and site lighting to improve safety, appearance, and useability. Add public area amenities such as benches and paved areas to improve social interaction. This project began in August 2005 and is scheduled for completion in May 2006. Financing for the project was done with a number of public and private grants and low income housing tax credit investments. In an effort to maintain project operating costs as low as possible, no new debt was taken on. Approximately $10,000 of the funding was provided through the City of Tigard Affordable Housing Fee Assistance program. Other funding came from the Meyer Memorial Trust, the Paul Allen Foundation, the Oregon Community Foundation, Washington County Office of Community Development, and the State of Oregon. Key Bank increased its investment by over $2 million dollars. The rehab project was designed to extend the functional life of this project by at least 30 years. The affordable rents covenant with the state was extended for another 40 years. No households have been displaced as a result of the rehab. Rents at the project will remain affordable to households earning 50% of less of the area median income. C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy and are recertified each year. CPAH has covenants with the state and with Washington County to use the property exclusively for low income rentals for a period of at least 40 years. These covenants require that all households have earnings at or below 60% of the area median income. Some units are restricted to households earning at or below 50%. Compliance with these covenants is monitored by the State of Oregon Department of Housing and Community Services and by theWashington County Office of Community Development. We certify that all residents served by this property earned at or below 60% of the Area Median Income. APPLICATION FOR TAX ABATEMENT PAGE 3 OF 4 D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents. Every dollar reduction in operating costs is passed on as a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is general partner of the Villa La Paz Limited Partnership, a single asset entity established for the purpose of acquiring the apartments and qualifying for low-income housing tax credits. CPAH's IRS Determination Letter is attached. CPAH undergoes a full audit of its books annually, as does Greenburg Oaks. Both the State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. Martin Soloway, Deputy Director, Housing Date APPLICATION FOR TAX ABATEMENT PAGE 4 OF 4 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1155559 MAR 1 1 1~~ DLN : 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID# 31187 PO BOX 23206 Contact Telephone Number: TIGARD, OR 97281-3206 (877) 829-5500 Our Letter Dated: February 1995 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)(viY. 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(x)(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, District Director Letter 1050 (DO/CG) CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Tom Imdieke FROM: Duane Roberts DATE: 3/7/06 SUBJECT: Applications for Tax Abatement The Beaverton-based Tualatin Valley Housing Partners (TVHP) has submitted an application for a City low-income housing tax exemption for the 119-unit Hawthorne Villa, located at 7705 SW Pfaffle Street in the incorporated Metzger area. TMC 3.50.020, "Nonprofit corporation low income housing; exempt criteria", provides five standards for considering exemption requests. Whether and how the TVHP application meets each of these five is reviewed below. 1. The property is owned or being purchased by a corporation that is exempt from income taxes under section 501(c) (3) or (4) of the Internal revenue Code A copy of an Internal Revenue Service letter, dated March 14, 2005, verifies that TVHP qualifies as a 501(c) organization. According to a copy of a letter dated June 23, 2005, TVHP is the "Managing General Partner" for the property in question. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. The list of submittal requirements under TMC 3.50.040 does not include any reference to information on asset liquidation, and the TVHP application does not contain any such information. Tom Benjamin, TVHP Executive Director, verbally has advised staff that the organization's incorporation papers assign the. organizations assets, upon liquidation, to a 501(c) 3 non-profit, engaged in activities similar to those of TVHP. 3. The property is occupied by low income persons. The TMC defines low income as household income at or below 60% of area median. According to the TVHP Executive Director, tenant income is verified upon application and is re-certified on an annual basis. Household income at or below 60% of median is the cut-off for new and continued rental unit occupancy. Many of the Hawthorne Villa tenants are "case managed", or current clients of public and non-profit social service providers. 4. The property or portion of the property receiving the exemption is actually and exclusively used for the purposes described in section 501 (c) (3) or (4) of the Internal Revenue Code The application certifies that the Hawthorne Villa complex is exclusively used for the intend purpose of providing affordable housing to income restricted households. 5. The exemption has been approved as provided in section 3.50.050 This criterion relates to the required City process for handling exemption requests. Conclusion: TVHP was established some years ago by the County Community Action Agency. Hawthorne Villa was the agency's first project. This is the second year that TVHP has applied to the City for tax abatement. The request meets all of the qualifying criteria established in TMC 3.50.020. The "Affordable Housing Program", adopted in 9/03 as "a complete and official statement of the City's overall affordable housing program", includes tax abatement as one of the City's strategies for facilitating affordable housing in the community. Its purpose is to allow the operators of low-income housing to decrease annual operating expenses, thereby allowing them to serve lower- income households. Granting the requested tax exemption to TVHP would be consistent with the applicable TMC standards and also with the adopted City housing policy. i/Irpn/dr/affordablehousing.tax.exempt.05.TVHP Tualatin Valley Housing Partners TUALATIN VALLCY HOUSING a ~io+wswwn i l ~GYGLo~swo++ o2~o2aio+ti PARS ~o2viw~ 'lf~ayLiin~ow (iown.~ February 20, 2006 Mr. Tom Imdieke City of Tigard - Finance Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Hawthorne Villa Apartments Annual Ap lication for Property Tax Exemption Dear Mr. Imdieke: Enclosed is the annual application for property tax exemption for Hawthorne Villa Apartments, pursuant to Chapter 3.50 of the Tigard Municipal Code. This property was first approved for exemption by Tigard City Council Resolution No. 05-26 in April 2005, as well as the Tigard- Tualatin School District in June 2005. Since being appointed as the Managing General Partner of this 119-unit low-income housing tax credit project last year, TVHP has proactively worked to improve property operations and expand community outreach efforts to low-income residents in the community. In October 2005, we hosted HandsOn Portland, local Comcast employees, and residents to provide a day of community service work to enhance the property's curb appeal. A Resident Services Coordinator was placed on-site to interact with residents and develop tenant-appropriate services, and we are in the process of converting a single-family home (previously housing for the resident manager.) into a community building from which to operate these programs. Please feel free to contact me if you have any questions concerning the application, or if you require additional documentation. Sincerely, `R onda L. Brown Development Coordinator r. brown(cDi nteara. net 6/60 5W 9+fao. Qvawwa, Boavoa~ow, OPT 97008 PO Boa 1505, Boavoro~on , Oi~ 97075 -p N: 503_611/-51(37 fix: 503.350-0707 Application for property tax exemption under Chapter 3.50 of the Tigard Municipal Code. 1. Description of the property: a. Legal owner: Hawthorne Villa Limited Partnership b. Tax account number: R282429 c. Address: 7705 SW Pfaffle, Tigard 97223 d. Date partnership formed: 1996 e. Original funding source: Tax exempt bonds and 4% tax credits f. Managing General Partner: Tualatin Valley Housing Partners 6160 SW Main Beaverton, OR 97008 General Partner: Hawthorne Associates Limited Partnership c/o PNC MultiFamily Capital 121 SW Morrison, Suite 1300 Portland, OR 97204-3635 g. Type of use: 119 multi-family rental apartments consisting of 30 studios, 83 one-bedroom, 5 two- bedroom, and 1 house (used as community center for resident services programs) 2. Charitable purpose: 100% of the units are rent-restricted by the investor, lender, and State of Oregon (with a restrictive covenant recorded on the deed) to residents earning less than 60% of the Portland area median income (AMI). However, a majority of the tenants at Hawthorne Villa frequently fall well below this income restriction. The maximum rental rates that may be charged are limited to 30% of the income of a family earning 60% of AMI. Rental rate maximums are set annually by HUD. TVHP's mission is: Tualatin Valley Housing Partners promotes self-sufficiency through affordable housing for low and moderate income people throughout the Tualatin Valley. We accomplish our mission by meeting our objectives: • Acquiring, renovating & preserving existing affordable housing • Building partnerships with for-profit, non-profit & public sector entities in developing new affordable housing • Creating computer centers that provide residents with increased access to information & job skills • Design housing sited to increase access to job opportunities & services via public transportation • Expand on-site resident-centered services that increase access to community resources 3. TVHP hereby certifies that all of the residents at Hawthorne Villa meet the requirement of IRS Section 42 income restrictions for projects limited to those earning 60% or less of Area Median Income. 4. Resident benefits of the property tax exemption: Ongoing tax exemptions will contribute to more effficient property operations and continued affordable housing by: a) reducing or eliminating annual rent increases that are often necessary to avoid/offset increasing property operating costs and deficits. b) stabilization of the tenant population by enabling continued residency for those who could not afford significant rent increases c) being able to deliver resident services programs 5. A copy of the IRS 501 (c) (3) exemption is attached. I hereby certify that the above information is correct. Hawthorne Villa Limited Partnership By: Tualatin Valley Housing Partners, its Managing General Partner XN!2 Tom Benjamin, Exec t' e Director Phone: (503) 986-2200 Fax: (503) 378-4381 Amendment/Restatement/Cancel lation-Limited Partnership I- ; Secretary of State Check the appropriate box below: Corporation Division AMENDMENT OR RESTATEMENT 255 Capitol St. NE, Suite 151 Salem, OR 97310-1327 (Complete only 1, 2, 7, 8) FilinglnOregon.aom ❑ CERTIFICATE OF CANCELLATION (Complete only 1, 3, 4. 5, 6, 7, 8) REGISTRY NUMBER: 506744-81 In accordance with Oregon Revised Statute 192.410-192.490, the information on this application is public record. We must release this information to all parties upon request and it will be posted on our website. For office use only Please Type or Print Legibly in Black Ink. Attach Additional Sheet if Necessary. 1) NAME Hawthorne Villa Limited Partnership AMENDMENT OR RESTATEMENT 2) THE FOLLOWING AMENDMENT(S) TO THE CERTIFICATE OF LIMITED PARTNERSHIP IS MADE (STATE THE SECTION NUMBER(S) AND SET FORTH THE ENTIRE SECTION(S) AS IT IS AMENDED TO READ, OR ATTACH A COPY OF THE ENTIRE RESTATED CERTIFICATE OF LIMITED PARTNERSHIP.) Section 6 of the Certificate of Limited Partnership is hereby amended by adding the following language: Effective June 30, 2005, Tualatin Valley Housing Partners (TVHP) is hereby appointed the Managing General Partner and shall exercise all the rights, powers and obligations of the General Partner. CERTIFICATE OF CANCELLATION 3) EFFECTIVE DATE OF CANCELLATION (If none is stated, the effective date will be the date filed by the Corporation Division.) COMPLETE SECTION 4, 5, OR 6 BELOW. 4) REASON FOR FILING CERTIFICATE OF CANCELLATION 5) THIS LIMITED PARTNERSHIP WAS CONVERTED TO A PARTNERSHIP. THE NAME OF THE PARTNERSHIP IS: 6) THIS LIMITED PARTNERSHIP MERGED WITH A PARTNERSHIP OR LIMITED PARTNERSHIP. THE SURVIVOR'S NAME IS: 7JEXETION t leeaasstto exi n general partner and each new general partner must sign.) FEES / Printed Name Required Processing Fee $50 Hawthorne Associates LP - General Partner Confirmation Copy (Optional) $5 Hawthorne Villa GP, Inc., its General Partner Processing Fees are nonrefundable. Scott J. Hubbard, Senior Vice President Please make check payable to Tualatin Valley Housing Partners - General Partner 'Corporation Division." Tom Benjamin, Executive Director NOTE: Fees may be paid with VISA or MasterCard. The card number and 8) CONTACT NAME (To resolve questions with this filing.) DAYTIME PHONE NUMBER (Include area code.) expiration date should be submitted on a separate sheet for your Ron Salgado (503) 808-1300 protection. 142 (Rev. 1/04) PN C MuLTl FAmiLY CAPITAL June 23, 2005 Mr. Bradley J. Bullock Executive Vice President Hawthorne Villa GP, Inc, General Partner Hawthorne Associates Limited Partnership 121 SW Morrison Street, Suite 1300 Portland, Oregon 97204 Mr. Tom Benjamin Executive Director Tualatin Valley Housing Partners 6160 SW Main Avenue Beaverton, Oregon 97008 Re: Hawthorne Villa Limited Partnership (the "Partnership") CONSENT AND ACKNOWLEDGEMENT Consent and acknowledgement is hereby granted to the designation of Tualatin Valley Housing Partners as the Managing General Partner of the Partnership pursuant to Section 6.10 of the Amended and Restated Agreement of Limited Partnership by Columbia SLP Corporation, the Special Limited Partner of the Partnership. COLUMBIA HOUSING SLP CORPORATION By: 0J crv v~ -0 N. e: Gail L. M nahan e: Senior Vice President A Division of PNC Real Estate Finance 121 SW Morrison Suite 1300 Portland Oregon 97204 3143 HAWTHORNE ASSOCIATES LIMITED PARTNERSHIP 121 SW Morrison Street, Suite 1300 Portland, Oregon 97204 June 23, 2005 Mr. Scott J. Hubbard Senior Vice President Columbia Housing Corporation, General Partner Columbia Housing Partners Corporate Tax Credit III L.P. 121 SW Morrison, Suite 1300 Portland, Oregon 97204 Mr. Tom Benjamin Executive Director Tualatin Valley Housing Partners 6160 SW Main Avenue Beaverton, Oregon 97008 Re: Hawthorne Villa Limited Partnership - Hawthorne Villa Apartments, Tigard, OR Dear Sirs, Pursuant to Section 6.10 of the Amended and Restated Agreement of Limited Partnership of Hawthorne Villa Limited Partnership (the "Partnership"), the undersigned hereby designates Tualatin Valley Housing Partners, an Oregon non-profit corporation ("TVHP") as the Managing General Partner as such term is defined in the Partnership Agreement. In accordance with Section 6.10 of the Partnership Agreement, TVHP shall exercise all the rights, powers and obligations ("rights") of the General Partner(s) hereunder, and the other General Partner(s) shall not exercise any such rights while one General Partner is so appointed. HAWTHORNE ASSOCIATES LIMITED PARTNERSHIP By: Hawth e P , its General Partner By: N : Bra J. Bullock rt cutive Vice President P.02 MAR-14-2005 11:4e T V H P sLNT V.Wa, REVS E SERVICE DEPARTME23T OF THE TREASURY DISTRICT DIRECTOR B. O. BOX 2508 CIW1MT1, OEi 45201 Z*Wloyer Identification Number: 93-3.152592 . -Date: OCT logo t! t DLN 17053255759028 2'i>~iLATIN VALLEY ROUSING PARTNERS Contact Pearson: C/o DAN OLEARY D. R. DOWNING PO BOX 1505 Contact telephone Number: BEAVIM*MX, OR 97095-1505 (513) 241-5199 Our Letter Dated: February 199$ Addendum Applies: • Na . pear Applicant: This modifies our letter of the above date in which we stated that you would be created ass an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section- sox (a) of the Internal R+eveaue Code as an . organizatiori described in section Sol(c)(3) is still in effect. Based on the information you submitted, we have determined that you axe not a private foundation within the meaning of aectioU 50s(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 a»d contributors may rely on this determt=ation unless the =nternal Revenue service publishes notice to the contrary. However, if you. lose your section 509(a)(1) atatus,, a grantor or contributor may not rely on this determination if he or ahe'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 organiaa.tion that resulted iu your loss of-such status. or if he or she acquired knowledge that the Internat. Revenue service had given notice that you would no longer be classified as a section 509(a)(l) organization. If we have indicated - in the hbading of this letter that gn addendum epplins, the addendum enclosed is 2m integral part of this .Letter. Because tbiv 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, 'District Director Letter, 1050 (DO/C6) TOTAL P.02 AGENDA ITEM # 6 FOR AGENDA OF QTY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amend Tigard Municipal Code to Permit Muffled Compression Brakes PREPARED BY: Tom Coffee DEPT HEAD OK~ QTY MGR OK ISSUE BEFORE THE COUNCIL Request by Tualatin Valley Fire and Rescue to amend the Tigard Municipal Code to permit muffled compression brakes. STAFF RECOMMENDATION Staff recommends adoption of the attached ordinance. INFORMATION SUMMARY Section 7.40.170.A of the Tigard Municipal Code currently prohibits the use of exhaust brakes (fake brakes) in the City of Tigard due to the loud noise they produce. Tualatin Valley Fire and Rescue no longer uses the traditional )ake brakes and has installed muffled compression brakes on their emergency vehicles. TVF&R has worked with the other cities in their service district to obtain permission to use the muffled compression brakes to save money on vehicle maintenance. OTHERALTERNATIVES CONSIDERED Do not amend the Code. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The community residents, business owners, and service providers will understand their roles through effective communications to successfully enhance public safety and emergency services. ATTACHMENT LIST Attachment 1: Background Information Provided by TVF&R. Attachment 2: Proposed Ordinance. FISCAL NOTES N/A ATTACHMENT 1 Noise & Compression Brake Review Tualatin Valley Fire & Rescue (TVF&R) conducted a District wide review of compression braking and noise ordinances pertaining to them. Below is a summary (table 1) of that review; Secondary braking devices are important auxiliary systems that have been adopted as a "best practice" for the trucking industry as well as the fire service. The average gross vehicle weight for a fully equipped engine at Tualatin Valley Fire & Rescue is at, or above 42,000. Increasing weight make even non-emergent braking a significant factor in vehicle interaction on public roadways. The United States Environmental Protection Agency requires that all heavy- duty trucks, including fire apparatus, emit no more than 8o dB(A) at fifty (50) feet while operating, and that figure includes their compression braking systems. As demonstrated in the review (table 2), TVF&R fire apparatus using muffled compression brakes met that standard and emitted less noise than commonly used gas powered lawn mowers or leaf blowers The State of Oregon prohibits the use of unmuffled compression braking systems. All TVF&R apparatus come from the manufacturer meeting noise emission standards from the EPA and are muffled compression braking systems. Tualatin Valley Fire & Rescue deploys their fire units in a dynamic fashion. The result is fire companies normally located outside the City, are on a regular basis, traveling into the city for coverage, public events, etc. Those units from outside the City of Tigard will use different response routes based on the direction they are entering the city limits. This applies to both emergent and non-emergent travel.. In addition, TVF&R fire apparatus, unlike heavy-duty trucks, are expected to drive on "typical" city streets and must regularly operate in and around normal traffic rather than taking standard truck routes. Currently four (4) cities served by TVF&R prohibit the use of compression brakes through noise ordinances. Two (3) of those cities provide exemptions in their ordinances for noise associated with public safety work. Based on the review TVF&R recommends the following exemption to the City of Tigard Code 7.40.150. .....The following sounds or noise producing actions are to be exempted: Sounds produced by the performance of public workers, vehicles, or equipment, including police, fire and ambulance. Table i Jurisdiction Prohibited? Ordinance/ORS # Exempt? Ordinance # Beaverton Yes 6.02.215 Yes 346 Kin City No ORS 811.492 n /a n /a Sherwood Yes 9.52.030, Sect. B1 Yes 9.52.050, Sect. G Tigard Yes 7.40-150 No n /a Tualatin No ORS 811.492 n a n /a West Linn Yes 5.48 Yes 5.487, #5 Wilsonville No ORS 811.492 n /a n /a Clackamas County No ORS 811.492 n /a n /a Washin ton County No ORS 811.492 n /a n /a Table 2 Nuisance Decibel Level (db) at 50' Source Chain Saw 110 htti)://dbw.dg.gov Noisy Motorcycle 100 htt ://dbw.dg. ov Leaf Blower 94 http://nylon.trashfish.net Heavy Truck Semi-Trailer 90 htt ://dbw.da. ov Gas-powered Lawn Mower 90 t!!P.//fpl.com Normal Boat 80 htt ://dbw.da. ov Quiet Motorcycle 80 htt ://dbw.da. ov TVF&R Fire Apparatus 80 TVF&R Shop Freeway Traffic 70 http://www.guietsolution.com Normal Automobile 70 http://dbw.da.gov Car Engine 70 http://fpl.com