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City Council Packet - 06/13/2006 CI'1~( t~F OREGON co~~ GARQ , - MEET~ June . ED EU1S - BE TES . NG W~- C01300 1.\Ofs\d°nna s\CcPkt1 684.2772 p (503) 634-4171 TD OR 97223 (503) SW Ha11 Blvd, ~Igard, iM25 City Center Development Agency City. of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of Consideration of 'City Center Development Agency Consent Agenda Item directing staff to take action to record the Urban Renewal Plan with Washington County. STATE OF OREGON ) . County of Washington ) ss. City of Tigard ) . I, 6 4 A L , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon a copy of Notification of Consideration of City Center .Development Agency Consent Agenda Item directing staff to take action to record the Urban Renewal Plan with Washington County. A co y. of said Notice being hereto attached and by reference made a part hereof, on the day of 200C. Signa ure of Person who Performe Posting Subscribed and sworn (or affirmed) before me this day, of . J at')C-, 20 DL OFFICIAL WAL l JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO. 3817M Sl nature o Notary Public for Oregon MY COMMISSION EXPIRES JUNE 14, 2008 hadmlcathy\councitrneeting noticest20061afOdavit of posting - coda - 060613.doc " JIG AU) CITY CENI'LR DEVELOPMENT AGENCY NfEETING ■ ■ UNI-' 13,21006 TIGARI) CITY HALI. 1 131 2 S1-' I L1LL L3L~`U. T1 6,E1 %97-2,22Z Notice The City Center Development Agency (CCDA) will have before it on the June 13, 2006, City Council and City Center Development Agency Meeting Consent Agenda the following issue for consideration: 3.5a. - Shall the City Center Development Agency (CCDA) direct staff to take action to record the Urban Renewal Plan with Washington County? Please forward to: IH' Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) [ir Newsroom, The Oregonian (Fax No. 503-968-6061) [3' Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact City Recorder Cathy Wheatley by calling `S03- 639-41 71, ext. 2410. City Record & Date: -7 UP " Post: Tigard City Hall Tigard Permit Center Tigard Public Library City of Tigard, Oregon Affidavit of Posting - TIGARD In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. Cityof Tigard ) I, 6 0414 6 7 7i :n , 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 - 3 - 0 , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of , 200 l 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 Subscribed and sworn (or affirm d) before me this day of 20: Si ature of Notary ublic for Oregon OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-ORE COMMISSION NO MY COMMISSION EXPIRES* P RE UNEj 14,26W City Center Development Agency City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of Consideration of City Center Development Agency June 13, 2006, Consent Agenda Item directing staff to take action to record the Urban Renewal Plan with Washington County. STATE OF OREGON ) County of Washington ) ss. City 1f Tigard ) t being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/organizations by' fax of: • Notification of Consideration of City'Center Development Agency June . 13, 2006, Consent Agenda Item directing staff to take action to record the Urban Renewal Plan with Washington County. A copy of said Notice being hereto attached and by reference made a part hereof, on the ~7 - day of 20D(z,>: Barbara Sherman, Newsroom.- Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) e 'Z'- Signature of Person who Perfo ed Notification Subs 'bed and sworn (or affirmed) before me this 70' day of CAROL A KRAGER NOTARY PUBUC-OREGON COMMISSION NO. 402780 ."..MY COMMISSION EXPIRES FEBRUARY 23,2010 ~p Signature of Notary Pu 'c for Oregon I: tedmlcathytcouncit.neeting notlcest2008tafffdevit of notification - coda -060613.doc ' 06/07/2006 14:57 FAX 5036847297 City of Tigard Q001 ,>k>k >x~c MULTI TX/RX REPORT TX/RX NO 1258 PGS. 1 TX/RX INCOMPLETE TRANSACTION OK [ 0615035460724 TT Newsroom [ 0915039686061 Oregonian [ 1115039687397 Regal Courier ERROR INFORMATION ia,i. pE i ~t' ~ ~ ~ r. ' t ~ t is ' ■ ftlr°.'•''•`:' t }~i .ltl`,•,yl '~.lt'r; i r . 4~1 ~i' :~~;;t.,,s~,,:CSi:I•~~;lit~ ~,i~~''tt' _ . - ~ ft . 3 . 5i li•i. to i?f~l.'fu:: , - I' . c p ' IV ~"',p~~•~~'"II$nS X51 S c:Y tiil»;~i.~•,: , 1~ t' : " 4~ S• ITIGARD °~1 ~ iS}•l~u „ iLi ~ , I~''.: i e~1L . ~ t t'J`' • S ~!E" yih • ~"?,'if: , Notice The City Center.Development Agency (CCDA) will have before it on the June 13, 2006, City Council and City Center Development Agency Meeting Consent Agenda the following issue for consideration: 3.5a. - Shall the City, Center Development Agency (CCDA) direct staff to take action to record the Urban Renewal Plan with Washington County? Please forward to: a' Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) C9' Newsroom, The Oregonian (Fax No. 503-968-6061) S' Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact City'Recorder Cathy Wheatley by calling 503- 639-4171, ext. 2410. C /l~l I i 1 h rl /r-$ n n_ 11C 11Z1~ (;I IY CI D[-;A"1_.LUPiv1L.NT :AGE.AC;Y '~iF.I~TINC; ~ 1'1G:A1~1) CITY FL\LL 13125 S\V~ 1 IAL1, L3 AI). I IC;API) ()I" } Notice The City Center Development Agency (CCDA) will have before it on the June 13, 2006, City Council and City Center Development Agency Meeting Consent Agenda the following issue for consideration: 3.5a. - Shall the City Center Development Agency (CCDA) direct staff to take action to record the Urban Renewal Plan with Washington County? Please forward to: 17" Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) Cr]' Newsroom, The Oregonian (Fax No. 503-968-6061) 13' Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10,.2005., and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and, possibly other areas within the city. For further information, please contact City Recorder Cathy Wheatley by calling 503- 639-4171, ext. 2410. City Record r Date: 7 ~~P Post: Tigard City Hall Tigard Permit Center Tigard Public Library t n 'CITY OF TIGARD, OREGON r' COMMUNITY 6605 SE Lake Road, Portland; OR 97222 • PO PUBLIC HEARINGITEM The` following will be. corisidered by the Tigard City Council on Box 22109 • Portland, OR 97269 Tuesday June 1 2006 at 7:30 PM at the,Tigard Civ.ic`,Center - Phone: 503-684-0360 Fax: 503-620-3433 Town Hall Room- :13125- SW Hall ,Boulevard,-'Tigard, Oregon Email 97223. legaladvertising@commnewspapers.com Public oral,or written testimony is invited: The public hearing on this matter will be held.'under Title 18 and rules of'procedure i adopted by the Council and available at City Hall'or the rules of b AFFIDAVIT OF PUBLICATION procedure set foi=tht in Section 18.390.060E:. _ State of Oregon, County of Washington, SS Further information may-'be'obtained from the Planning Division A Staff contact:'- Emily Eng) at 13125 ;SW -Hall Blvd„ Tigard, I, Charlotte Allsop, being the first dulysworn, Oregon 97223, or by calling at 503-639=4171. ZONE CHANGE, ANNEXATION (ZCA) 200640001' 1. depose and say that.I am the Accounting ® PELISSIER ANNEXATION < Manager of The Times (serving Tigard, REQUEST: The applicant is requesting annexation'of ,one (1) ` Tualatin & Sherwood), a newspaper of parcel containing 1.81 acres into 'the.'City- of Tigard., LOCA-' general circulation, published at Beaverton, in TION: 13273 SW B'ull,Mountain•Road; Washington County Tax the aforesaid county and state,-as defined by Assessor's Map.No.- 2S109AB,,Tax Lot 00300., The subjectsiterg r ORS 193.010 and 193.020, that located north of SW Bull; Mountain Road and east of SW 133, Avenue. ZONE: R-7: Medium-Density Residential District.' The R-.7 zoning' district. is designed to accommodate attached `single= City of Tigard family, homes, 'detached single-family"homs 'with or without Public Hearing accessory. residential units, at a minimum lot size of 5,000 square I TT10798 feet, and duplexes, at a'mini"mum.lot. si2e of. 10,000 square feet. Mobile home parks and,subdivisions are also permitted outright..- of which is hereto annexed, was Some civic and institutional 'uses are also permitted conditionall. a copy published in the entire issue of said APPLICABLE'REVIEW.CRITERIA:. The approval standards' for annexation's are 'set out in 'Community Developrpent Code newspaper for Chapters 18.320 and 18.390, Comprehensive Plari Policies 2 and') 2 10; ORS Chapter 222 and Metro Code Chapter 3,09. successive and consecutive weeks in the ' following: issues ALL DOCUMENTS AND APPLIC'ABLE CRITERIA-IN kTHE May 25;,2006' ABOVE-NOTED FILE ARE:AVAILABLE FOR INSPECTION June 1, 2006 AT NO.COST OR•COPIES 'CAN BE -OBTAINED FOR TWEN TY-FIVECENTS (25.0 PER.PAGE,'OR THE CURRENT.RATE CHARGED FOR COPIES AT THE TIME 'OF THE REQUEST. 'AT LEAST FIFTEEN (I5),DAYS PRIOR TO THE HEARING,A COPY OF THE. STAFF REPORT-WILL'BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED Charlotte Allsop (Accounting Manager) FOR TWENTY-FIVE CENTS (25.x) PER PAGE, OR THE, CUR- RENT RATE CHARGED FOR COPIES AT 'THE TIME OF THE REQUEST. INFORMATION IS ALSO. AVAILABLE BY CON- TACTING THE STAFF CONTACT LISTED ABOVE.. - Subscribed and sworn to before me this r June 1, 006 NIC11111ily MAP A4 MIZE= 'PELISSIER' NOTARY PUBLIC FOR GON ANNEXATION ~ My commission expires , Acct #10093001 Patricia Lunsford a City of Tigard x. X13125 SW Hall Blvd. -Tigard, 0R97223 Size:2 x'10.25 i Amount Due $342.35• 'Remit to address above - Publish 5/25, 6/1/2006 TT10798 - n n' Revised 6/7 06 -Added 'Stud Session Discussion CC AC & Consent A ends Item 3.2 d TIGARD CITY'COUNCIL • A~ AND CITY CENTER ' • 'DEVELOPMENT AGENCY MEETING June 13, 2006 ~~,~~s~4:~ 6:30 PM r _ TIGARD CITY HALL 13125 SW HALL BLVD T,'' OR 97223 IGARD' . t ' PUBLIC-NOTICE: Anyone wishing to speak on an agenda-itetn should sign on'the appropriate sign-up sheet(s).: If no sheet is available, ask to be recognized b - the Mayor at the beginning of that agenda item.' Citizen Communication,;items are asked to be two minutes or less.' Longer matters can be set for .a future Agenda by contacting either the Mayor or the City Manager:- Times noted are estimated; it is recommended that persons. interested in testifying be' present by 7:15 p.m. to sign in.on the testimony sign-in sheet. Business agenda items can be 'heard in any order after, 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 5037684-2772 ('I'DD - Telecommunications Devices for the Deaf). Upon request,,the:City. will also endeavor to arrange for the following services: • Qualified sign language-interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service, providers, it is important to allow as much lead time as possible. 'Please notify the City of-your need by 5:00,,p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext..2410 (voice) or 503-684'2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA -JUNE 13,=2006 page 1 AGENDA TIGARD CITY COUNCIL•MEETING JUNE 13, 2006: 6:30 PM • EXECUTIVE SESSION:.The Tigard City Council will go into Executive Session to evaluate employment of a public officer, review labor negotiations, and evaluate the employment-related performance, of the. chief executive officer of 'a public body under ORS 192.660(2)(i). All discussions are confidential and those present may disclose nothing . from the Session. Representatives of the news media are allowed to attend. Executive Sessions, as provided by,' ' ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions . are closed to the public. • , • STUDY SESSION' > BRIEFING' ON EMERGENCY EXERCISE Staff Presenter: Public Works > . ENTRY SIGNS Staff Presenter: Administration > DISCUSS CITY CENTER ADVISORY COMMISSION (CCAC)' CHANGES Mayor Dirksen . 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & -Local. Contract Review Board & City Center • Development-Agency 1.2 Roll'Call .1.3 Pledge. of Allegiance 1.4 Council Communications & Liaison Reports ' . 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN. COMMUNICATION (Two Minutes or Less, Please) ■ Follow-up on Previous Citizen Communication ■ Follow-up on Fifth Tuesday Meeting . ■ Communications from Citizens (Sign-Up Sheet) 3. CONSENT AGENDA: These items are considered to be routine.and may be enacted in one motion without separate discussion. Anyone, may request that an item be removed by motion for discussion and separate action.. Motion to: 3.1 Approve Council Minutes for April 25, May 9, and 16, 2006 3.2 Receive and File: a. ; Council Calendar COUNCIL AGENDA-, JUNE 13,2:0.06, page 2 b. Tentative Agenda C. Fifth Tuesday Meeting Notes from May 30, 2006 d. Canvass of Votes for Measure 34-114 (City Center. Urban Renewal Plan and,. Tax Increment Financing 3.3 Adopt a Resolution Approving Budget Amendment #13 to the FY 2005-06. Budget to Increase Appropriations in the City Attorney Division - Resolution No. 06 - 3.4 Adopt a Resolution Forwarding the Urban Renewal Plan to the City Center . Development Agency - Resolution. No: 06 - 3.5 City Center Development Agency (CCDA): a. Direct Staff to take Action to Record the Urban Renewal Plan 3.6 Local Contract Review Board: a. - Award Contract for Construction of Hall Boulevard Sidewalk (at Bonita Road) 3.7 Approve Tigard's Share of the Storm Debris Dewatering Facility . • Consent Agenda -Items Removed for Separate Dicuussion.' Any items requested to be removed firm the Consent Agenda for separate discussion will be considered immediately after the Council has voted on ihose items which do not need discusnori. 4. MERIDIAN PARK HOSPITAL, PRESENTATION ON COMMUNITY RESOURCES AND OUTREACH • . Staff Introduction: City Administration. 5. BRIEFING ON EMERGENCY RESPONSE'EXERCISE SCHEDULED FOR JUNE 14 • Staff Presenter: Public Works Department ; 6. PUBLIC HEARING - APPROVE THE FISCAL YEAR 2006-07 .COMMUNITY INVESTMENT PROGRAM a. Open Public Hearing; b. Summation by Engineering. Staff. C.' Public Testimony d. Staff Recommendation C.. Council Discussion . f. Close Public Hearing : g.,' Council. Consideration: A motion to approve the Community, 'Investment' Program for fiscal year 2006=2007. 7. PUBLIC HEARING - CONSIDER A RESOLUTION . CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARED ;REVENUES a. Open Public Hearing b.. Summation by Finance Staff . C. Public Testimony COUNCIL AGENDA -JUNE 13, 2006 page 3 d. Staff Recommendation e: Council Discussion f. Close Public Hearing . g. Council Consideration: 'Resolution No. 06- 8. ..PUBLIC HEARING CONSIDER A RESOLUTION DECLARING. THE._ CITY'S . ` ELECTION TO RECEIVE STATE REVENUES a. Open Public Hearing b. Summation by Finance Staff. C. Public Testimony d. Staff Recommendation e. Council Discussion. f Close Public Hearing g.. Council Consideration: Resolution No. 06 - 9. PUBLIC HEARING - CONSIDER A RESOLUTION OF -THE CITY* OF TIGARD - ADOPTING. THE BUDGET,. MAKING APPROPRIATIONS, DECLARING THE - , VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2006-2007. a. Open Public.'Hearing b. ' "Summation by Finance-Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration:. Resolution No. 06 ' 10. CONSIDER A RESOLUTION .ADOPTING THE CITYWIDE MASTER FEES AND • ' CHARGES SCHEDULE-, REPLACING RESOLUTION NO. 05-42 AND ALL SUBSEQUENT AMENDMENTS a. Staff Report: Finance.Staff . b.' Council Discussion c. Council Consideration: Resolution No. 06,- .11.' APPROVE CONSTRUCTION ' EXCISE . , . TAX INTERGOVERNMENTAL AGREEMENT TO COLLECT AND .REMIT TAX BETWEEN METRO AND THE CITY OFTIGARD a. 'Staff Report: Finance Staff b. Council Discussion . COUNCIL AGENDA- JUNE .13, 2006 page ,4 9:45 PM .12. PUBLIC HEARING (QUASI JUDICIAL) TO CONSIDER. PELISSIER PROPERTY ANNEXATION (ZCA2006-10001) REQUEST: The, applicant is requesting annexation of one (1) parcel containing 1.81 ' acres into the City of Tigard. • LOCATION: 13273 SW Bull- Mountain Road; Washington .County Tax Assessor's Map No. 2S109AB, Tax-Lot 00300. The subject site . is located north of SW Bull Mountain Road and east of SW 133rd. Avenue.- ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate. attached single-family homes, detached single-family homes with or without accessory, residential units, at a minimum lot size of 5,000 square feet, ,and duplexes, at a minimum lot size of 10,000 square feet.. Mobile home parks and subdivisions are also • permitted outright. Some civic and institutional uses are also permitted conditionally.. APPLICABLE REVIEW CRITERIA: The- approval. standards for annexations are set out in Community Development Code Chapters.18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 109.''•. a. Open Public Hearing - Mayor b.. Statement by-City Attorney Regarding Procedure, C. Declarations" or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with.the application? - Are there. 'any challenges from the' audience pertaining to the Council's jurisdiction to-hear this matter or is there a=challenge on the. participation of any member of the Council? d. Staff Report: Community Development Staff. e. Public Testimony Proponents -Applicant(s) Opponents - Rebuttal/Final argument by applicant £ . Staff Recommendation g: Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 06- . 16-05 PM 13. COUNCIL LIAISON REPORTS 14. NON AGENDA ITEMS 10:15 PM 15. ADJOURNMENT . ' I:\aam\calhy\cca\2006\060613p.doc , - ' COUNCIL AGENDA -JUNE 13,'2006 i`.. page 5 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING June 13, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to evaluate employment of a public officer, review labor negotiations, and evaluate the employment-related performance of the chief executive officer of a public body under ORS 192.660(2)(i). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. STUDY SESSION > BRIEFING ON EMERGENCY EXERCISE Staff Presenter: Public Works > ENTRY SIGNS Staff Presenter: Administration > DISCUSS CITY CENTER ADVISORY COMMISSION (CCAC) CHANGES Mayor Dirksen • ADMINISTRATIVE ITEMS > Agenda Item No. 12 - Pelissier property annexation public hearing will not be conducted. The applicant has withdrawn the application. Council Calendar June 14 Weds. 8 a.m. - 3 p.m. (approx.) - Exercise - Tipoff `06 16-18 Fri-Sun Tigard Festival of Balloons 19 Monday S3X SStreet, - igata OR 97223 Meeting to be rescheduled 20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27* Tuesday Council Business Meeting - 6:30 pm, Town Hall 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. Oadmlzathy%= ss12006W60523ps.doc T►~ M.EMORA`NDUM FlY 7 ~ TIGARD' TO: Honorable Mayor and City Council FROM: Cathy Wheatley, City Recorder RE: Study Session Discussion -.City Center Advisory Commission (CCAC) DATE: June 8, 2006 The. City Council is scheduled to discuss the City Center Advisory Commission during Study Session on June 13, 2006. City Manager Prosser asked me to send you the following information relating to the CCAC:- • Tigard Municipal Code - Chapter 2.65 - City Center Development Agency • Resolution No. 05-44 - Appointing. Members. to the City Center Advisory Commission • Resolution No. 05-52 - A resolution appointing members and alternates to the City Center Advisory Commission. Attachments c: City Manager Prosser Assistant to the City Manager Newton Interim Community Development Director Coffee' Senior Planner Nachbar. I:Wmtpacket'0=60613Am moa Qdw i TIGARD MUNICIPAL CODE Chapter 2.64 CITY CENTER domain. The powers conferred to this agency by DEVELOPMENT AGENCY. ORS Chapter 457 are in addition and supplemental to the powers conferred by any Sections: other law. (Ord. 89-05 §4, 1989). 2.64.010 Need Declared. 2.64.050 Limitation On Action. 2.64.020 Title. 2.64.030 Membership. Any act of the City Center Development 2.64.040 Powers. Agency shall be considered the act of the Urban 2.64.050 Limitation On Action. Renewal Agency only and shall not be considered 2.64.060 Advisory Commission an act of the City Council, even though Established. membership of both are identical. The City Center Development Agency shall not exercise 2.64.010 Need Declared. any :power which, by Charter, requires voter approval. (Ord. 89-05 §5, 1989). Pursuant to ORS 457.035, the City Council declares that blighted areas now exist in the.City 2.64.060 Advisory Commission and that there is currently a need for an Urban Established. Renewal Agency to.function in the City. (Ord. 89- 05 §1, 1989). The City Center Advisory Commission is established. The Commission shall be comprised 2.64.020 Title. of seven to twelve members appointed by the City Council. The purpose of the Commission is to The Urban Renewal Agency. created by this assist in implementation of the City Center chapter shall be known as the City Center Development Plan, to make recommendations to . Development Agency. (Ord. 89-05 §2,1989). the City Center Development Agency and to help inform Tigard's citizens of the plan's content and 2.64.030 Membership. activities. (Ord. 89-05 §6, 1989).■ The City Center Development Agency shall be comprised of members of the City Council as it lawfully exists from time to time: Any change in membership of the City Council shall automatically, and without need' for further legislative action, constitute an identical change in the membership of the City Center Development Agency. (Ord. 89-05 §3, 1989). 2.64.040 Powers. Subject to, the limitations imposed by Section 2.64.050, the City Center Development Agency shall have authority to exercise all powers available to the Agency under ORS Chapter 457; including, but not limited to, the power of eminent .2-64-1. SE Update: 12101 CITY OF TIGARD, OREGON RESOLUTION NO. 05-20- A RESOLUTION APPOINTING MEMBERS TO THE CITY CENTER ADVISORY COMMISSION WHEREAS, City Council established goals for 2005 that includes "Complete and- implement the Downtown Plan" and "urban renewat implementation"; and WHEREAS, in April, Council took action to -proceed with developing.an Urban Renewal Plan for the Downtown; and WHEREAS, Tigard's Charter•calls for a City Center Advisory Commission, composed of 7-12 members, to advise and assist the City's Urban Renewal Agency; and WHEREAS, the City Center Advisory Commission will be actively involved in the development of the Urban Renewal Plan-for the Downtown and its implementation; and WHEREAS, Council approved a resolution establishing the initial membership of the City Center Advisory Commission to include 6 Downtown Task Force members, 1 Planning Commission member, l Park and Recreation Board member, and up to 4 City residents or property owners at large; and WHEREAS,. the Downtown Task Force; Planning Commission, and Park -and Recreation Board have*, identified members; and WHEREAS, no citizen applications have.beei received to date and recruitment will continue, . NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that. SECTION 1: The following representatives are appointed to the City Center Advisory Commission: Downtown Task Force - Mike Marr, Judy Munro;. Carolyn Barkley, Jim Andrews, Marland Henderson, and John Wilson Planning Commission -Gretchen Buehner. Park & Recreation Board representative - Carl Switzer City Residents/Property Owners - to be determined SECTION 2: This resolution is effective immediately upon passage. LJA G ' PASSED: This o day of 2005. Mayor City of Tigard RESOLUTION NO.05 ; Iq P ~ age 1 City Recosdex - City of Ti osoufflo '10 Page 2 CITY OF TIGARD, OREGON RESOLUTION NO. 05.-5a._ A.RESOLUTION APPOINTING MEMBERS AND ALTERNATES TO THE CITY CENTER ADVISORY COMMISSION. WHEREAS, Resolution 05-28 "A Resolution on the Initial Selection Process for City Center Advisory Commission" states in Section 4 that the City Center Advisory Commission shall include membership of up to four City residents or property owners; and WHEREAS, seven people expressed interest in serving on the City Center Advisory Commission and were interviewed by the Mayor's Appointments Advisory Committee during July and August 2005; and WHEREAS; following these interviews, the Appointments Committee voted to forward to Council a recommendation to fill the four vacant at-large positions, with the following candidates: Lily Lilly, Alice Ellis Gaut, Roger Potthoff, and Suzanne Gallagher, and WHEREAS, Ralf Hughes and Alexander Craghead also expressed interest in serving on the City Center Advisory Commission and were interviewed by the Mayor's Appointments Advisory Committee, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1: Lily Lilly, Alice Ellis Gaut, Roger Potthof~ and Suzanne Gallagher shall be appointed to the City Center Advisory Commission as at-large members SECTION 2: Ralf Hughes and Alexander Cmghead shall be appointed to the City Center Advisory Commission as non-voting, alternate at-large members. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2005. Mayor - C City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 05 - Page 1 Agenda, Item No. 3 For Agenda of l a00~ Tigard City.Council Meeting Minutes Date: June 13, 2006 Time: 7:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Tom 'Woodruff < Councilor Nick Wilson Agenda Item Discussion & ,Comments Action Items follow u Study Session' > City Manager'Prosser advised that an Executive Session willbe needed at 6:00 p.m. on June 20 to ,o discuss,,potential litigation. > City Manager Prosser did not receive the tabulated... results of the forms completed by Council and staff for his performance evaluation. Council decided.to delay the review until June 27 to give City Manager Prosser time to review this information. > City Manager Prosser-noted that representatives -from the' Friends of Bull Mountain were, asking for-,.- information -regarding what would be discussed at the meeting on June 20 with regard to the incorporation of a city 'on Bull Mountain. He advised that more information would be provided to the Council on Wednesday and then this information would also be, sent to the "Friends" by the end of the day' on June, .14. > Briefing on, Emergency Exercise Staff Presenter: Program-Assistant Lueck 'Mr. Lueck updated the Council on the "TipOff Regional Emergency Exercise to be conducted• from 8:00 a.m. to 2:00 p.m. on,Wednesday, June 14.' He advised that the exercise would include jurisdictions in Washington- and Columbia Counties as` art of.a City Council Minutes - June 13, 2006. Page 'l - Agenda Item Discussion & Comments Action Items follow up)' large terrorism response exercise. Details of the individual incidents were not released ahead of-time so the exercise can be as realistic as possible. TipOff is-a prelude to a national "TopOff' exercise, planned for 2007, which will."test the resolve" of top officials m"Washington, D.C., two states, and Guam. Mr. Lueck distributed information regarding who was playing the exercise, where it would take' place, the goals. of the-exercise, how it is funded and media coverage. He also discussed safety precautions and who to call if there were questions. An announcement would be made to the. public during the business portion of the meeting which will be Cablecast. > Entry signs Assistant to the City'Manager Newton discussed with the City Council the-proposed "drawings of entry signs. Council members described their preferences,'including preferred-sigri`materials and design. Signs will be sized according to the site where they will be located. Assistant to the City Manager Newton has the preferred drawing with the changes noted. Locations were also discussed including sites at each end of Pacific Highway and the Bridgeport area, as wellas a future site - the . Walnut/Murray Blvd. connection. The initial focus will be on these four locations and more ' information will be brought back to the, Council. Staff will verify'the amount of funds budgeted for this year. > . Discuss City Center Advisory,Commission (CCAC) Changes Recently there was action by the CCAC membership to vote on a new chair for the group. The process . followed was of concern to several members and several resignations were submitted.' There was Council discussion on whi t'should be done at this. point; i.e., whether to accept.theresignations.and how to proceed with the group at this point. There was some discussion by Council about whether the CCAC should be dissolved=and have the duties of the CCAC be covere&b the'Plannin ' Commission, City Council Minutes - June 13, 2006 ~Page 2. Agenda Item' Discussion Comments Action Items follow u which would give an-opportunity for by-laws to be written for this group. Councilor Wilson noted that he'had been inclined towards dissolving the current., CCAC: He noted his appreciation for the group getting through the election. He said he was unclear about what the substantive issues were among the,:, CCAC members. He noted a need to understand the issues. Councilor Sherwood and Mayor Dirksen• also noted that their first reaction was to support dissolving the CCAC. Councilor Woodruff said the . events were unfortunate, noting that all of the members were good people and that the CCAC has . the right to choose its leadership.. He'said his concern was that there is a split among these people who have been dedicated to the city. He said this unfortunate and" it will take wisdom to resolve the situation. . There was consensus by Council that.this should be scheduled for a discussion when there is more time to devote to the subject. Councilor Harding advised ` she had not responded with any comments on the situation as she did not Teel she: was fully aware of what had occurred. Shenoted the importance of talking to everyone to determine the circumstances... After discussion, and at the suggestion of City. Manager Prosser, it .was decided that Joe Hertzberg, facilitator and mediator, will be' contacted to see if he would be available to talk to the CCAC members. Councilor Sherwood- said that the correction of a ; mistake needs to be made; bylaws need to be drawn up to give the CCAC.direcdon: Interim Community Development Director Coffee noted that if the CCAC responsibilities are transferred to the Planning Commission that there would be a learning-curve timeframe and he advised that the implementation strategy decisions are, coming up soon: ,:The CCAC is looking at design guidelines *and` " regulations which would go to the Planning Commission. Mayor.Dirksen noted the.need to, have a better understanding of the issues-before a, - ' decision is made. Councilor Harding'advised that ' ' she was'unclear as to why some had resigned and what.the issues were.- Although she did mention that it appeared that some members had differing ' views on the lar ~ er'vision. She noted that perhaps City Council Minutes 7 June 13, 2006 Page 3 • Agenda Item Discussion Comments Action Items follow u the manner in which the vote, for a change in leadership occurred was not the way it should have happened. She advised that the CCAC has done a' remarkable job so far, and urged for a continued focus on the greater good for A. She said it is a hard decision and that people have hurt feelings'. . Mayor Dirksen agreed that this is a community issue and that a solution needs to be found to mitigate for future activities.. The Council agreed to, meet in a special session to discuss this issue after Joe Hertzberg,or a similar professional talks to the group to determine what the issues are. City Manager Prosser noted that the Council has-not yet responded to the resignations offered by CCAC members. He•said,that he would ask them to please "hold on" until some of, the issues have been reviewed. The CCAC will meet on June 14 to review the plan. > The 'Pelissier annexation has been withdrawn. It was noted that one of the reasons given to staff was that the applicants were hoping that by applying for development in the County they would be able to add another lot to their 'development. The Tigard City Council went into Executive- Executive Session at 7:12 p.m. to consult with legal counsel Session concerning legal rights and duties regarding current litigation or, litigation likely to be filed under ORS 192.660(2). (h) Before the Executive'Session began and in open session, Councilor Harding noted that she, had received a confidential communication. from the Metropolitan Area Communications Commission about operations of TVCTV. ,City Attorney Ramis., ' advised that the above citation for the Executive Session (ORS 192.660(2)(h)), would be appropriate for discussion on this topic. Executive Session concluded at 7:32, p.m. ' City Council Minutes June 13, 2006 - Page 4 Agenda Item Discussion & Comments Action Items follow u 1. Business 1.1 Mayor Dirksen called the City Council, Local Meeting Contract 'Review Board, and City Center Development Agency to order at 7:3.7 p.m. 1.2 Present: Mayor Dirksen;.Councilors Harding, Sherwood, Wilson, And Woodruff. 1.3 Pledge of Allegiance ` 1.4, Council Communications & Liaison Reports Councilor Harding updated .the City Council on a recent Washington County Coordinating Conuiiittee (WCCC) meeting at which time funding options were discussed for the MTIP. A county-wide gas tax was discussed; no decisions were made and further discussion will occur: at the next WCCC meeting. She asked City Council members to be thinking about what the City of Tigard's position ' would - be with regard to a county-wide gas tax. Councilor Harding said she did not, think a gas tax would. raise enough revenue to, cover the broad-based needs. She said some creative solutions are needed, such as project phasing: and +seeking input from voters. The C' :Council will discuss this item further at ity an ' upcoming meeting. Councilor Wilson reminded ' the City Council that the Transportation :Financing Strategies Task Force is considering recommending a local gas tax. Councilor Harding noted 'the City of Tigard will also need to weigh in on a recommendation for the regional JPACT projects. She noted, a new project list has been prepared. Better forecasting information is needed with regard to future growth. She asked-City Council members to contact her with comments on the project list. Councilor Sherwood reported'. she, represented the City earlier- today at an affordable housing' project event for Greenburg Oaks. She received a plaque, which, she gage to Mayor Dirksen.. The plaque thanked the City of Tigard for its . assistance to affordable housing. Tigard is one of City Council Minutes - June 13, 2006 Page 5 endd Item. Discussion & Comments Action Items follow u ; the few cities to give fee waivers and other r, assistance to affordable housing. 'The housing . project at Greenburg Oaks was a $3.3 million renovation and Councilor Sherwood reported that the results are "incredible." Councilor. Woodruff advised that negotiations were . successfully concluded for a. ten-year contract. to purchase water from the City of Portland. This contract.will provide a source of water while we are working on other long-term ' water sources. City Manager Prosser advised the City of Portland organized a 'signing ceremony last week at Portland City Hall.. Mr. Prosser attended the signing' on behalf of the -City of Tigard.. Once Mayor Potter's signature is, obtained on the contract, City of .Tigard' will receive • the signed agreement. Councilor Woodruff thanked Public Works -Director Koellerrneier for the work he did in securing this contract. 1.5 Call to Council and Staff for Non-Agenda~Items: None. 2. Citizen : No one signed 'up to speak from the. "audience. : . Communication City Manager Prosser gave a'follow-up report on the Fifth Tuesday meeting. •A copy of the staff response is on file•in the City Recorders Office. 3. Consent Mayor Dirksen reviewed the items on the consent Motion by Councilor Wilson, Agenda agenda. Councilor Harding noted that she had seconded by Councilor contacted the City Recctder regarding two changes Sherwood, to approve the for the May 16, 2006 council minutes. On page 10,' consent agenda, with the the minutes reference that ".it was suggested that this changes to the minutes as noted during discussion. seems to.be a 'band-aid. approach and the entire picture, should be reviewed." Councilor Harding The inotion was approved by advised that the statement was' one that she had unanimous vote of Council made and she would prefer that the records reflect present. that she had suggested this,. A second,request was made for Councilor Harding's comment on the Mayor Dirksen Yes . excellent job that the Public-Works staff had done. Councilor Harding Yes with regard to securing the long term water contract Councilor Sherwood Yes with the City of Portland. (City Recorder's note: Councilor Wilson Yes Councilor Woodruff Yes -City Council Minutes - June, 13, 2606 Page 6 Agenda Item Discussion &.Comments Action Items follow u ''This comment.was made during the May 23; 2006; City Council meeting and will be reflected in the minutes to be submitted to the. City Council for review on June 27, 2006.) " 3.1 Approve Council Minutes for April 25, May- 9; ' and 16, 2006 32 Receive and File: . a.. Council Calendar`. b. Tentative Agenda c. Fifth Tuesday Meeting Notes from *May •30; 2006 . d. Canvass of Votes for' Measure 34-114 (City, Center Urban'-- Renewal Plan and' Tax Increment Financing 3.3 Adopt a Resolution Approving Budget Amendment #13 to the FY' 2005-06 Budget to Increase Appropriations m the City Attorney Division - Resolution No. *06 -32 RESOLUTION 'NO. 06-32 - A RESOLUTION, APPROVING : BUDGET AMENDMENT #13 TO.THE FY 2005-06 BUDGET TO INCREASE, APPROPRIATIONS'.. IN THE ' .'CITY ATTORNEY DIVISION 3.4 Forward the Urban Renewal Plan to the City Center Development Agency 3.5 City Center Development Agency (CCDA): a. Direct Staff to take Action to Record the Urban Renewal Plan 3.6 Local Contract Review-Board: " a. Award Contract for Construction of Hall . Boulevard Sidewalk (at Bonita Road) 3.7 Approve Tigard's Share of. the -Storm Debris' Dewatering Facility '"4. Meridian Allyson Anderson, Meridian Park Hospital Park Hospital . Administrator, reviewed the, 'services offered by this Presentation on medical facility. Ms: Anderson described how the Community hospital is attempting to'provide expanded services 'Resources and so people do not have to leave their community for Outreach needed medical services. City Council Minutes - June 13, 2006 Page 7 Agenda Item Discussion & Comments Action Items follow u 5. Briefing on Emergency Management Coordinator Lueck Emergency reviewed, a PowerPoint presentation which is on file Response in the City Recorder's Office. (Please see study Exercise session discussion for further information on the Scheduled for TipOff regional exercise for June 14, 2006.) June 14 ' Part of the exercise will be held in one of the Tigard neighborhoods. Flyers regarding this activity have ; been distributed to all of the homes. After the exercise, a questionnaire will be distributed to the affected residents asking them for their input with regard to how they perceive the exercise was conducted. .(City Recorder's note: Agenda Item No: 11was heard out of order at this tune.) 11. Approval of Mike Jordan, Metro's Chief Operating Officer, was Motion by Mayor Dirksen, Construction present to discuss this matter.with the City Council. seconded by Councilor Excise Tax Metro leas requested that the Council approve an Woodruff to approve the Intergovern- Intergovernmental Agreement specifying that the Construction Excise Tax . mental Agree-' City collect and remit to Metro an excise tax Intergovernmental Agree- ment to Collect assessed. on new development. The construction ment to Collect and Remit and Remit Tax excise, tax would fund concept and comprehensive Tax Between Metro and the Between Metro planning associated with the needs for the 2002 and City of Tigard and Authorize and the 2004 urban growth boundary expansions. A tax the City Manager to sign the v City of Tigard equal to .12% of the total valuation of building Intergovernmental permits willbe. assessed by Metro and collected by Agreement., jurisdictions within the Metro region. . The motion was approved There are some exemptions and limitations ,to this . by a majority of Council tax that'will provide relief to some applicants..' present. Projects with valuations of $100,000 and less are exempt as well as corporations exempt from federal. Mayor Dirksen Yes income tax and certain low income housing and Councilor Harding Yes charitable services. There is also a maximum ceiling Councilor Sherwood No of $12,000 that can be collected. Projects valued at Councilor Wilson Abstained $10 million and above would be assessed a, flat fee Councilor Woodruff.. Yes of $12,000. This tax will sunset when'the total amount collected in the Metro region reaches an amount equal to.$6.3 million; which is expected to take approximately three years. After that. Amount- is collected the tax will be rescinded. Under the terms of the Intergovernmental Agreement local . jurisdictions will retain 5% of the tax collected to cover the cost of administration. City Council Minutes - June 13, 2006 Page 8 Action Items fou°~`' U present., & Comments , yes Discussion Mayor Dirksen , yes •enda Item 6or Harding Colin yes CauncAor Sherwood yes Councilor ~(lilsan Yes Councjor oa nom-. Recorder headey, Cif'. • Cathe~?1e W Attest: M~Yor' ity of ~igaxd } 11_'00 i Date: ' • Pale l5 June 13 2006 City Council Minutes . K enda Item Discussion & Comments, Action Items follow u In response to a.question from Councilor Wilson regarding what would occur if the jurisdiction did'- not. vote to take, part by, collecting the tax for Metro, Mr. Jordan'advised that people would still have to pay the fee,but would have to travel to Metro to pay it. Councilor Wilson •noted his disagreement with Metro insofar as Metro did not seek input from the partners •on this; particular fee. He cited usurping of local planning authority, and once again, "local ; jurisdictions are charged with carrying out the edicts of Metro. Councilor. Harding noted that forums have been held with Metro' -6n similar local issues thatJurisdictions are'experiencing. She noted that it .is good Metro is now starting to address,and listen to'the concerns of local governments. Councilor. Woodruff said he was. glad there was a limit on.the amount of dollars that will be collected with the tax and was also supportive of the sunset clause on the tax. Councilor Sherwood noted'a similar effort for a real estate tax transfer tax in Washington County and the lack of support for.such a fee. Mayor Dirksen noted that the City had.been prepared to do the planning for Areas 63 and 64 and now it. looks as if the Citywill be paying, for this . . anyway. Councilor Woodruff suggested that •a sign be placed on the counter making it clear that the excise fee is a Metro fee. Mr. Jordan acknowledged. tli'e concerns, expressed by, the. Council members and noted that they were not alone, as"other jurisdictions have expressed similar concerns. He advised that this would accomplish a",public purpose in providing" . planning services for these'urban growth -area's. 'He said Metro must look at how. to accommodate growth and plan for infrastructure.. ` Councilor Harding noted-her desire to continue to . push towards partnership with Metro and local jurisdictions. 12. Public At. this time Mayor, Dirksen announced that Agenda ' Hearing (Quasi-. Item No. `12, Public Hearing to Consider'the judicial) to Pelissier Property Annexation has been withdrawn .,Consider b the applicant and therefore this item will not be City Council Minutes June ,13, 2006 Page 9 ' enda Item Discussion &.Comments Action Items follow u Pelissier 'heard. The Intergovernmental Agreement between - Property the City of Tigard and Washington County will lapse Annexation and it. appeared to the appli cants that they could (ZCA2006- develop the property:with one more for than they 10001) could under City, Code.. They will take their development application to-.the County.' V= 6. Community Mayor Dirksen opened the public hearing: City Motion by Councilor Investment " Engineer Duenas'presented'the staff report and a Sherwood, seconded by Program for FY PowerPoint presentation which is on file ' the'City Councilor Woodruff, to 2006-2007 Recorder's Office: Mr. Duenas reviewed the approve the Community Community Investment.Program formulation Investment Program for 2006- process, major program areas, major projectsfor.the 2007, making a note of the correction to,the' error in'the " upcoming, fiscal year, and how the final project,lists document stating'that the• were determined. There was, a question on the Tigard Triangle Local pedestrian bridge which is being done by ODOT Improvement District had been with the City of Tualatin overseeing.the Project., approved. There has been some information that there was another project cost overrun-and the' "Tigard The motion ~uas:approved Council has not been briefed on this. by unanimous vote of . 'Council present. Mayor " Dirksen'said .that the Community Investment, Program has improved over the years and'he .,Mayor.Dirksen Yes ; complimented the staff on, their work:. Councilor Councilor Harding Yes Harding•noted that the Tigard Triangle Local Councilor Sherwood Yes Improvement District was,being shown as, Councilor Wilson Yes "approved" on the list. After discussion; City Councilor Woodruff. Yes Engineer Duenas cornfirmed'that the Local Improvement District for the Triangle has noubeen approved and that the language .will be clarified . before the~Community Investment Program document -is.p'ublished. Councilor Woodruff commented for the benefit of the viewing public, that the Community Investment program can be viewed'on the City's website:'.a Public Testimony: %No one signed into speak. Staff Recommendation: - Staff recommended the-.- City-Council approve the 2006=`2007 Community Investment Program and for it to be. effective July 1; 2006: Mayor Dirksen closed'the public hearing. Mayor Dirksen acknowledged mernbers.of the Skate City Council•Minutes=June 13, 2006 Page 10•. Agenda Item Discussion & Comments ' Action Items follow u Park Committee who were in attendance, advising that the Council had, by approving the Community Investment Program list, also approved the Skate Park funding: Rich Carlson, Chairman of the Skate Park Task Force, was present and advised that they have applied, through the City, for a $150,000 grant. Recently, members. of the Skate Park Task Force testified before the 'state agency considering the grant proposals.and Mr.'.Carlson said he thought the testimony went well. He advised that notification regarding the grant will be issued in mid- uly. 7. Public Mayor Dirksen opened the Public Hearing. Finance' Motion by Councilor Wilson, 'Hearing - Director Sesnon.presented the staff report. Before seconded by Councilor Consider A the City Council was a Resolution which certified Sherwood, to adopt Resolution Resolution that the City of Tigard provides certain services, No: 06-33. Certifying that making the City eligible to receive: State shared , . the City :of ' revenues: The motion was approved by unanimous vote of Council Tigard Provides. . present. Services Public Testimony: There was none.. Qualifying for Mayor Dirksen Yes' State Shared Staff Recommendation: Staff recommended Councilor Harding Yes Revenues approval of the proposed resolution. Councilor Sherwood Yes Councilor Wilson Yes Mayor Dirksen closed the Public Hearing. Councilor Woodruff Yes Resolution No. 06-33 - A Resolution Certifying that,the City'of Tigard Provides Services Qualifying for State Shared Revenues 8. Public. Mayor •Dirksen opened the Public Hearing. Finance Motion by Councilor. Wilson, Hearing - A Director Sesnon presented the staff report. Before seconded by Councilor Resolution the City Council was a proposed resolution' Harding, to approve Resolution Declaring the declaring the'City's election,to receive state revenue No. 06=34. " :City's Election sharing funds. Approval of the resolution would to Receive State secure $328,400 of revenue for the general fund. The motion was approved by unanimous vote of Council Revenues Public Testimony: There was'none. present.' Staff. Recommendation: Staff recommended Mayor Dirksen Yes approval of the proposed resolution. Councilor Harding . Yes 'Councilor Sherwood Yes Mayor Dirksen closed the public hearing" Councilor Wilson Yes . Councilor Woodruff Yes Council Discussion:. Councilor Woodruff advised that this is not "surprise revenue." Finance Director Sesnon confirmed that the state requires the City Council Minutes - June 13, 2006 Page 11 Agenda Item'' Discussion & Comments Action Items' follow u adoption-of a resolution in order to receive this funding. Resolution No. 06-34 - A Resolution Declaring the C.ity's Election, to Receive State Revenues 9.A Resolution . Mayor Dirksen opened the Public Hearing., Finance 'Motion by Councilor of the City of,' Director Sesnon presented the staff report. Oregon Sherwood, seconded by Councilor Woodruff, to adopt. " Tigard local budget law requires that a budget for the Adopting the following fiscal year be adopted by the Council prior Resolution No. 06-35. Budget, Making -to July 1, after approval by the Budget Committee Appropriations;, and after a public hearing has been held before the The motion. was approved by unanimous vote of Council Declaring the City Council. A PowerPoint presentation was present. Valorem Tax viewed by the City Council; a copy is on file in the Levy, and City Recorders Office. On May 15, the Budget Mayor Dirksen 'Yes Classifying the Committee approved the proposed budget with Councilor Harding Yes Levy as amendments and forwarded the budget, to the City Councilor Sherwood Yes Provided by Councillor adoption. 'Council had before it a Councilor Wilson Yes ORS 310.060(2) Schedule of Appropriations reflecting. amendments Councilor . Woodruff Yes for Fiscal Year along with minor ad'ustmerihs and transfers between 2006-07 funds that were necessitated by changes in,-the City's Cost Allocation' Plan to:implement the Budget Committee's amendments.' The total FY 2006-07' ' City of Tigard budget will be $77,738,5'18. 'Public Testimony: Mark~Haldeman, Budget Committee Chair; advised that this is his third year on the -Budget Committee. Mr. Haldeman said that, the Budget Committee is not a "rubber stamp committee:" He noted''that throughout the process pointed questions were asked of'th'e.department ` managers as the various department budget requests were'ieviewed. Mr. Haldeman thanked the city staff, and especially noted Finance Director Sesnon,• Financial Operations Manager Imdieke,' Management Analyst Wareing, and Sr. Admin. Specialist Denny. The staff recommendation was to approve the resolution before the City.Council which would. adopt the budget, make appropriations, declare the valorem tax levy, and classify the'levy as provided by ORS 310.060(2) for fiscal year, 2006-07., In response to a question from Councilor City Council Minutes - June-13, 2006 Page 12 . ehda Item Discussion & Comments Action Items follow u Woodruff, Finance Director Sesnon advised that the proposed budget represented a 5A% increase in operations. Councilor Wilson commented orr.the Budget Committee review process.., He noted for the benefit of the public that the Budget Committee held extensive meetings during the month of May., He noted that these meetings are public meetings and said that citizens were encouraged to attend and comment during the budget process. Mayor Dirksen closed the public hearing. Resolution No. 06-35 -'A Resoludon.of the'~city of Tigard Adopting the Budget, Making ' Appropriations, Declaring the Valorem Tax Levy, and Classifying the Levy as Provided by ORS 310:060(2) for Fiscal •Year.2006=07 City Manager Prosser noted his appreciation for the Budget Committee and thanked the members present, Mark Haldeman and Jason Snider for their - time spent. He thanked Finance Director Sesnon for the work he did on the preparation. of the budget; noting .that he was' new to 'the City, having only arrived in'February. He 'said' -he also appreciated the efforts of Financial Operations . Manager Imdieke, Management Analyst Wareing; and Sr. Admin. Specialist Denny. ' 10. Consider a Management Analyst Wareing presented the staff Motion by Councilor Resolution report. The-City Council annually. reviews fees and Woodruff, seconded.by . Adopting the charges. The Master Fees and Charges Schedule Councilor Sherwood, to adopt ' Citywide Master contains all citywide fees andcharges and is updated Resolution No. 06-36. ' Fces and each June. The purpose. of this. schedule is.to Charges streamline the teview process, have one document The motion was approved by. unanimous vote of Council Schedule, that contains all fees and charges, and minimize the present. Which Replaces number of resolutions and ordinances relating the Resolution No. fees and-charges. Staff reviewed the schedule and Mayor Dirks en - Yes 05-42 and All proposed a few new fees and changes to specific Councilor Harding Yes Subsequent existing fees. A summary of the proposed fee':, Councilor Sherwood Yes Amendments. to changes was contained in the Agenda Item . Councilor Wilson" Yes Date ' Summa on file in the City Recorders Office. Councilor Woodruff Yes City Council Minutes - June;13, 2006 - Page 13 Agenda Item Discussion &.Cominents Action Items follow u It was noted that an increase of 15% by Clean Water Services was set for sanitary sewer service: The City will not share in any of the proposed, increase. There was.brief discussion on the proposed changes with some clarification to the proposal for limiting the fee for a paper copy of the Tigard, Municipal Code Titles 1-18. The copy of, Title 1-18 will be provided only on disk. There was a clarification that.overdue DVD items in the Library are assessed at $1.00'per day for each item. The sewer and water franchise fee will be considered by Council in July. If approved, this fee will be added to the Fees and Charges Schedule. Mayor Dirksen advised that he was appreciative that the fees and charges are kept up to* date: He advised that when he first came onto the City Council many of the fees and charges were not adequate. The goal is to have users support the services that they use. Resolution No. 06-36. - A Resolution Adopting ` the Citywide Master. Fees and Charges Schedule, Which Replaces Resolution No. 05-42 and All Subsequent'Amendments to Date., Note: Agenda Item,No. 11 wa§'discussed earlier in the meeting. Note: Agenda Item No. 12 was discussed earlier in the meeting. 13.'Non- Councilor Woodruff announced that the Festival of Agenda Balloons will be held this coming Friday, Saturday Items. and Sunday, June 16-18 at Cook Park. City Manager Prosser said that information is posted on the City's website. Gates open at 5:00 a.m. 14. Meeting adjourned at 9:19 p.m._ Motion.by Councilor Adjournment Woodruff, seconded,by Councilor Sherwood to adjourn the meeting. The motion was approved by unanimous vote of Council City Council Minutes - June 13, 2006 Page 14 Agenda Item No. S tU ~ivYl Meeting of (o • ( 3 MEMORANDUM TIGARD TO: Honorable Mayor and, City Council FROM: Cathy Wheatley, Ci Recorder aolT t Y , RE: Study Session Discussion - City Center Advisory Commission (CCAC) DATE: June 8, 2006 The, City Council is scheduled to discuss. the City Center Advisory Commission during Study Session on June 13', 2006. City Manager Prosser asked me to send you the following information relating to the CCAC:. Tigard Municipal Code Chapter 2.65 - City Center Development Agency • Resolution No. 05-44' Appointing Members to the City Center Advisory Commission ' • Resolution No. 05-52 -*A resolution appointing members and alternatesFto the City Center Advisory Commission. Attachments c: City Manager Prosser Assistant to the City Manager Newton Interim Community Development Director Coffee Senior Planner Nachbar . hadmmVacket'06~0808134nemo •ccac dm ' i , TIGARD MUNICIPAL CODE Chapter 2.64 CITY CENTER" domain. The powers. conferred to this agency by " DEVELOPMENT AGENCY. " ORS Chapter 457 are in addition. . and supplemental to the powers conferred by any, Sections: other law. (Ord. 89-05 §4, 1989). " 2.64.010 Need Declared. 2.64.050 Limitation On Action. 2.64.020 Title. 2.64.030 Membership. Any act of the City Center Development 2.64.040 Powers. Agency shall be considered the act of the Urban 2.64.050 Limitation On Action. Renewal Agency only and shall not be considered 2.64.060 Advisory Commission an act of the City Council, even though Established. membership of both are. identical. The City Center Development' Agency shall not exercise 2.64.010 Need Declared. any power which, by Charter, requires voter approval. (Ord. 89-05 §5, 1989). Pursuant to ORS 457.035, the City Council declares that blighted areas now exist in,the City 2.64.060 Advisory. Commission • and that there is currently a need for an Urban Established.." Renewal Agency to function in the City. (Ord. 89- 05 §1; 1989). The, City" Center Advisory Commission is established. The Commission shall be comprised 2.64.020 Title., of seven to twelve members appointed by the City, Council. The purpose of the Commission is to The Urban Renewal Agency created by this assist in' implementation of the City Center chapter shall be known as the City Center Development Plan, to.make recommendations to Development Agency. (Ord. 89-05 §2, 1989).. the City Center Development Agency and to help inform Tigard's citizens of the plan's content and 2.64.030 Membership. activities. (Ord. 89-05. §6; 1989).■ The City Center Development Agency shall be comprised of members .of the City Council as. it lawfully exists. from time to time. Any change in membership, of the City Council shall automatically, and without need for further legislative action, constitute an identical change in" the membership of the City Center Development " Agency. (Ord. 89-05 §3, 1989). 2.64.040 Powers. Subject to the limitations imposed by Section 2.64.050, the City Center Development Agency " shall have authority to exercise all powers . available to the Agency under ORS Chapter 457, including, but not limited to, the power of eminent 2-64-1 SE Update: 12101 CITY OF TIGARD, OREGON RESOLUTION NO.05- f A RESOLUTION APPOINTING MEMBERS TO THE CITY CENTER ADVISORY COMMISSION WHEREAS, City Council established goals for 2005 that includes'-"Complete and implement the Downtown Plan" and "urban renewal implementation"; and WHEREAS, in April, Council took action to proceed with developing an Urban Renewal Plan for the Downtown; and WHEREAS, Tigard's Charter calls for a City Center Advisory Commission, composed of 7-12 members, to advise and assist the City's Urban Renewal Agency; and WHEREAS, the City Center Advisory Commission will be actively involved in the 'development of the Urban Renewal Plan for the Downtown and its implementation; and WHEREAS, Council approved a resolution establishing the initial membership of the City Center Advisory Commission to include 6 Downtown Task Force members, 1 Planning Commission member, 1 Park and Recreation Board member, and up to 4 City residents or property owners at large; and WHEREAS, the Downtown Task Force, Planning Commission, and Park and Recreation Board have identified members; and WHEREAS, no-citizen applications Have been received to date and recruitment will continue, NOW2 THEREFORE, BE IT RESOLVED by the Tigard city council that: SECTION 1: The following representatives are appointed to the City Center Advisory Commission: Downtown Task Force - Mike Macy, Judy Munro, Carolyn Barkley, Jim Andrews, Marland Henderson, and John Wilson Planning Commission - Gretchen Buehner Park & Recreation Board representative - Carl Switzer City Residents/Property,Owners - to be determined SECTION 2: This resolution is effective immediately upon passage. oth PASSED: This o day of 2005. Mayor City of Tigard RESOLUTION NO. 05 - Page I °v ATTEST: CityRecorder - City of Tigard RESOLUTION NO. 05 - Page 2 = CITY OF TIGARD, OREGON RESOLUTION NO.05-5 „ A RESOLUTION APPOINTING MEMBERS AND ALTERNATES TO THE CITY CENTER ADVISORY COMMISSION. WHEREAS, Resolution OS-28 "A Resolution on the Initial Selection Process for City Center Advisory ' Commission" states in Section 4 that the City Center Advisory Commission shall. include membership of up to four City residents or property owners; and WHEREAS, seven people expressed interest in serving on the City Center Advisory Commission and were interviewed by the Mayor's Appointments Advisory Committee during July and August 2005; and WHEREAS; following these interviews, the Appointments Committee voted to 'forward to Council a recommendation to fill the four vacant at-large positions with the following candidates:. Lily Lilly, Alice Ellis Gaut, Roger Potthoff, and Suzanne Gallagher, and WHEREAS, Ralf Hughes and Alexander Craghead also expressed. interest in serving on the City Center Advisory Commission and were interviewed by the Mayor's Appointments Advisory Committee, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Lily Lilly, Alice Ellis Gaut, Roger Potthoff, and Suzanne Gallagher shall be appointed to the City Center Advisory Commission as at-large members . SECTION 2: Ralf Hughes and Alexander Craghead shall be appointed to the City Center Advisory Commission as non-voting, alternate at-large members. SECTION 3: This resolution is effective immediately upon passage. rd PASSED: This day of u 2005.- Mayor - ity of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 05 - Page 1 Agenda Item No. 'r Meeting of b 13. Dt MEMORANDUM. TO: Tom Coffee FROM: Christine, Darnell RE: 5th Tuesday issues DATE: 06-09-06 Carlos Patino at 10605 SW Cook has a welding business, and has a valid home occupation permit. They built the "shed" which is similar to a metal lean-to, to accommodate the HOP per the requirements. The "shed" was supposed to have a front and back as well, which they stated they were installing. As the shed is open ended, and some materials and activities are conducted outside of the shed, they are in violation of the HOP requirements and will now be cited. There has not been a complaint on this business / property in 6-12 months. We were not aware the occupants had again ventured outside the parameters of the HOP. Other items of concern are not or may not be code violations. This household has two adults known, with seven adult, children and numerous grandchildren, cousins, aunts, and uncles that seem to,live elsewhere. There is at least one nephew living in the household, who is approximately 17. The family structure lends to a consistent flow of activity. Some of the alleged "employees" have been proven to be family members'. Trailers are not prohibited by code, and there is no limit to-the number of them you can have. The same is true for cars and RV's. The family has stated that some trailers are for personal use, mainly yard debris. Other trailers seem to, come and go. We have no proof of this time of the occupants building trailers for sale, however, if they are, that is allowed under their HOP. The rear and side yard setback requirements for a shed are 5 feet. Mr. Weese states the shed is 5 feet from the rear of the property. This is not a, violation: Common household activities are also hard to separate from HOP activities. Working on personal vehicles in the yard is not prohibited. These occupants have worked on their own cars, particularly the teen, many times. This could be perceived as "violations of the HOP regulations" but is not. 10635 SW Cook Lane has a woodworking business and does not have a HOP. A notice is going to the property owner and occupant. On 06-08-06 the DEQ forwarded me information they had just documented after investigating inside the shop. Their information combined with some new findings has resulted in the notice being issued. Previously, a complaint had been lodged about an, "illegal business".: After many drive-by's and investigations including with state databases; there was no evidence of a business that could be found.- The occupant had also told the complainant and the DEQ that he built some cabinets for the rental home he is in, at the request of his landlord, and also does. some hobby woodworking. These would not be considered business activities or violations. I asked the complainant, Dave Noles, to please take photos if there was "business activity" after hours that I was not seeing. I have not received any photos as requested, nor any calls- about the business continuing until 06-101-06.- Dave admitted his actual issue is the "ugly shop". He was working on;any avenue to have the-shop " removed. The shop is legal, and has the building permits-required. There is no restriction on this property from removal of his own landscaping. I did suggest that Dave plant trees of his own so his property continued the wooded feel he enjoyed from. his neighbors landscaping. He stated it would take up too much of his yard. ' t FIFTH TUESDAY MEETING - May 30, 2006 Present:. Mayor Dirksen Councilor Woodruff Councilor Harding Councilor Sherwood Facilitator: Stacie Yost Staff: Carol Krager Citizens: David Noles, 10630 SW Park Street, Tigard Terry Weese, 10600 SW Park Street, Tigard Gretchen Buehner, 13249 SW 136`' Place, Tigard. Clayton Pugsley,10570 SW Park Street, Tigard . Cleon Cox Two students from Hillsboro High School (Martha and Roy) on an assignment to attend a public meeting The meeting started at 7:02 p.m. Facilitator Yost welcomed everyone to the meeting and gave the ground rules. She noted that a change to the meeting is that Deputy City Recorder Krager will be taking minutes and the meeting will be taped so that action items can get back to staff. quickly. She announced. the agenda: • Planning Code Changes • Police Services Survey on Unincorporated Areas PLANNING CODE CHANGES - David Noles, 10630 SW Park Street, spoke about changes he'd like to see in the Planning Code. He brought in photos of the view from his kitchen window showing his back yard in 1998 and in the present. The neighbor behind him (10635 SW Cook Lane) has built a large, steel, 30'x 40', 18' tall structure. He said he did not like viewing this building from his backyard deck and felt none of the Councilors would like to look at this structure all summer long either. Councilor Sherwood asked if it was a storage shed. Mr. Noles said it was a shop. Mr. Noles asked, "Is this is~ the direction that Tigard is heading?" He said that by allowing this type of structure, Tigard decreases the livability of the city and compromises the aesthetic nature of our residential areas. He realizes there is nothing he can do now about this building but wants to save someone else the grief by changing the Code to prevent this from happening. I:ADMCAROL•FifthTuesdayO60530.. j He noted that as sewer districts are going in, people on-older, laiger lots no longer need their drain fields. He said all they have to do is hook up to the sewer and they can use the rest of their lot for a construction zone. Councilor Sherwood asked if the neighbor had to get permits and- Mr. Noles. said he met the . Code. He said this is*whyhe wants to close the loopholein the Code that allows a property owner to build any type of structure in their yard and simply attach it to their dwelling with a 4' covered walkway. He said it is then not an accessory structure, but an addition to the home. He said he was working with City staff member Mark Van'Dome len this afternoon and who also expressed frustration with the vagueness of the Code and suggested that he speak with Dick Bewersdorff. Mr. Noles would like the Code to replace the 4' breezeway section and require that any addition be attached to the house with 'a common walland be of the same material as the house, both roofing and siding, and require windows so it at least looks residential. Mayor Dirksen said that even if it's a business and we try to prevent the running of that business, the building will still be there. Mr. Noles said it is not the size the building that is an.issue as much as making it look like it belongs in a residential neighborhood. ' Councilor Sherwood said we'need to change the definition of "attached" in the Code. The radio towers on Bull Mountain were discussed. Mayor Dirksen said that in response to the initial question about whether this-is the direction Tigard is going, the answer is no. He said the City has not changed anything where this was not allowed previously and now it is. He said that it is just that time has gone by and there . are constraints on property. He said the difficulty with changing the Code to react to this is that they'll figure out another loophole to get around it in the future. He said the City staff could spend all their time trying to plug loopholes but it is a difficult way to deal with things instead of trying to be proactive. . Mr. Noles phoned surrounding cities (Tualatin, Durham, Sherwood, and Wilsonville) and asked what would happen if he requested a permit to build a 1200-square foot, 19 foot tall building. The reaction he received was that he probably couldn't do that because their lots are not big enough. -Mayor Dirksen said all the cities- mentioned do have some properties of that size, but they are rare. Clayton Pugsley; 10570 SW Park Street, presented a photograph of the view from his backyard. The large metal building appears in it as well as a temporary metal structure in the . 1 next yard. He said he was getting the full bore of a welding business going on there. He said the people {on 10605 SW Cook Lane) came in, hooked up to the sewer, and then covered half of their lot with 4" of concrete. They built a temporary shelter, and opened up a welding business..The fluorescent light is on 24/7 and lights up his whole backyard all night long. The residents are welding-and grinding and he sees the flash of arc welding from yard. I:ADM:CAROL:FifthTuesday060530 2 Mayor Dirksen asked, "How are they doing this? This is a residential area." -He said this is a code enforcement issue. Terry Weese, 10600 SW Park Street, said the people say they are not running a welding business, and that this is for their personal use. He said he has already been.through this when they first started putting up the temporary structure. He showed the Council a digital photo of a Porsche on a forklift that was being cut apart in their backyard. He asked, "Who has a commercial forklift iri their backyard?" Councilors Harding and Sherwood agreed that they're running a business. Mr.-Weese showed a photo of. the five foot distance between his fence and the shop, stating that it does not meet the setback code. Councilor Woodruff asked what Qty staff have said. to him. Mr-Weese complained that he's not getting anything from them. Mr. Weese pointed out in the photo a snorkel coming from the steel building behind Mr. Noles' property. He said that owner is nunuimg a spray booth, noting that neighbors have to listen to the noise and smell fumes. Mayor Dirksen asked for the address and Councilor Woodruff verified that these are two different properties. Mr. Weese said they were, one behind his home and the other behind Mr. Noles' home. He showed the Council photos of four utility trailers in the back yard of 10605 SW Cook Lane and enough axles to build seven more. He said there was a dump truck in their back yard last week they were welding on and seven people outside welding the . day prior. Mayor Dirksen said they can say what they want but they are obviously running a business and we will get code enforcement after them. Councilor Harding said they may be breaking the noise ordinance as well. Facilitator Yost summarized their main issues: • Code enforcement as far as noise and fumes Businesses in residential areas • Structures ` • Loophole in the Code regarding breezeways • 5' setback of the temporary building Councilor Harding said staff needs to investigate this without leveling charges from neighbors. She felt this is a City issue and there is no need to have retaliation problems: Mr. Noles said as far as he could tell, the large structure's owner builds cabinets and does not have a business license. The owner said he does business under the name of "Oak Things". They've made contacts at DEQ about the fume problem but DEQ does not show a business under this name in their system. Mr. Noles visited the structure a few weeks ago and saw thousands of dollars in equipment, grinders, saws, planers and joiners. Irene I:ADMCAROL:FifthTuesda)060530 3 IVlawhirtet,13960 SW 100' is the owner of record. Mayor Dirksen asked if there a regular residential house'on the property.. Mr. Weese indicated there was. Mr. Weese said the last time he spoke with Code Enforcement Officer Darnell she told him the welders were just doing landscaping trailers for themselves and his family was helping him. He has, given her a disk of photos showing multiple trailer axles, multiple trailers, and, = items being stored there for commercial use. He said he was basically told,to mind his own business; they could do what, they wanted: Mr. Weese said they do this work at any time they want. He has yelled over the fence at, 11:00 p.m. asking them to knock it off. Mayor Dirksen said he should call the police if it's- . Ater 7:00 p.m. and reiterated the City's noise policy. Mr. Weese noted that they also have 'a pot-belly stove and burn garbage in it outside as well. Councilor Sherwood said this is not what we intended with our sewer project. Mr. Noles said as this goes on more people will be heartbroken to see these things going up in their 'neighborhoods. He offered his help to the City on working through a Code change. Mayor Dirksen assured the residents that this will be brought to the attention of staff. POLICE SERVICES SURVEY - Gretchen.Buehner brought this to the Council's attention because she felt the data is incorrect and is being used by the County in a way that is detrimental to the cities. She has spoken with police who indicate that they spend 50% of their time in Beaverton responding to things they see on the way to acall in West Slope or Garden Home. She was told the City needs to do its own research. She suggested an audit. She felt Tigard Police answer more calls outside the city than the Enhanced Patrol answers for our area. She spoke to an officer whose district .is'Scholls Ferry south to the County6e but who spends 25% - 50% of his time in Beaverton answering calls. Mayor Dirksen said the City has already told the County we feel the survey is invalid because they don't consider total taxation. Residents of Tigard pay County taxes and City taxes. Councilor Sherwood suggested an outside auditor be brought in. Mayor. Dirksen thought perhaps the State or Metro could do it. Councilor. Woodruff said we are doing an outside.audit of the police time and perhaps it could -be added to that scope of work. Ms. Buehner asked the Council to look at the time Tigard Police spend in Bull Mountain or Metzger. Mayor Dirksen said it was negligible. HIGH SCHOOL VISITORS I ADMCAROL:FifthTuesda)060530 4'- Two students from Hillsboro High School attended the meeting as part of a school assignment on public meetings. Mayor Dirksen explained the Council meeting schedule and how the Fifth Tuesday meetings came about. They asked the Mayor what were the biggest issues discussed at Council meetings. Mayor Dirksen said, as discussed at this meeting, in-fill and the pace of development were major issues. He also spoke about the Urban Renewal District-for the downtown area. INITIAL REACTION TO WILLAMETTER RIVER WATER - , 'Councilor Woodruff asked the Tigard residents -present what their initial reaction would be .to Tigard obtaining water from the.Willamette River. He said Tigard just signed.a 10-year contract with the City of Portfand for a portion of our water but we are looking at other options.. Drawing water from the Willamette is'one option. Of the citizens present, four said yes and' one said no. Councilor Woodruff explained, after some water-quality concerns were raised by Mr. Weese, that the water would come from the Willamette above the Oregon City falls. Mr. Weese felt that water below the falls would not be acceptable and suggested that telling people where on the Willamette the water would come, f rom was an important point. He indicated his earlier vote was because he thought the water would be pulled from the lower Willamette. Ms. Buehner felt the Willamette River water would be better than Bull Run water.' Mr. Noles-is concerned about the Bull Run watershed's vulnerability to terrorists. Mr. Pugsley felt that as any water would have to meet Federal requirements, he would be OK with Willamette River water. As there were no other discussion items or citizens wishing to speak,.the meeting was adjourned at 7:55 p.m. IADM:CAROI-FifthTuesday060530 5 DIRECTOR'S INTERPRETATION k t 4`.5 ' DATE: July 3, 2006 CODE SECTIONS: 18.120 Definitions 1.8.510.060 Residential Zones Accessory Structures , TOPIC: What is the distinction between an'Addition and an'Accessory Structure? DIRECTOR'SINTERPRETATION: 1. Introduction: "Accessory buildings or structures', are permitted, in all.zones in'Tigard`. Tliey'are defined in TDC 18.120 as'."a.freestanding'structure incidental and-sub'ordinate to the main use of property.and located on the same lot as' -the main use." . ; An issue has arisen over structures that have been permitted to be built in residential zones without being subject to the limits of 18.510.060.A.1. Building permits were approved for these structures due to the ambiguity of what constitutes an "accessory . structure" and what constitutes an "addition.": These ,terms need .to be clarified. II. Interpretation: A structure is considered an "Accessory Structure and. riot an "Addition," when it is "freestanding." A.struc='e is freestanding when -it.is structurally separated.from the primary or any existing structure and not attached to the primary or any existing structure. Structures that are connected,by breezeways, features made of lattice; , archways, trellises, or other similar•architectural,features shall not be considered attached, but be treated as. Accessory Structures. A structure is considered attached, and•therefore' an "addition," only when it is structurally dependent: on the primary structure. ' Signed Tom Coffee Community,Development Director . 'a MEMORANDUM D UIO AA, L-lb-D) TO: Honorable Mayor & City Council Agenda Item No. 3 . ;2. For Agenda of June 13.2006 FROM: Cathy Wheatley, City Recorder R& Three-Month Council Meeting Calendar DATE: June 6, 2006 Regularly scheduled Council meetings are marked with an asterisk June 13" Tuesday Council Business Meeting - 6:30 pm, Town Hall 16-18 Fri-Sun Tigard Festival of Balloons - 19 Monday Joint Meeting with Tigard-Tualatin School Board; City Councils from Tualatin, King City, and Durham; 6:30 or 7 (Time TBA) - School District Offices'at 6960 SW Sandburg Street, Tigard, OR 97223 (Not confirmed) 20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27* Tuesday Council Business Meeting - 6:30 pm, Town Hall July 4 Tuesday .4 1h of July Holiday - City Hall Closed 11 * Tuesday Council Business Meeting - 6:30 pm, Town Hall 18* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 25* Tuesday Council Business Meeting - 6:30 pm, Town Hall August 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Tuesday Fifth Tuesday Council Meeting - 7-9 pm, Tigard Water Auditorium Oadmtclty councill3-month calandar for 6-13-06 w mtp.doc Agenda Item No. Tigard City Council Tentative Agenda 2006 Meeting of LO. 04o Meeting Date: June 13, 2006 Meeting Date: June 19, 2006 Meeting Date: June 20, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: TBA Meeting Type/Time: Workshop/6:30 p.m. Location: City Hall Location: School District Location: City Hall Greeter: Bob Sesnon Headquarters Greeter. Materials Due @ 5: May 30, 2006 Materials Due @ 5: Materials Due @ 5: June 6, 2006 Study Session Workshop Agenda Exec. Session - City Manager Review - 30 min. Bull Mt.-City Discussion - Craig P. - 30 min. Briefing on Emergency Exercise-Dennis - 10 min. Joint Meeting with Tigard-Tualatin School Community Survey Results - Tom C.- 45 min. Entry Signs - Dennis K. - 15 min. District and Durham, King City and Tualatin Metro Poll on Attitudes Toward Growth and Land Use - Tom C. - 10 min. Consent Agenda Downtown Implementation Strategy. Approve Bud. Amend. #13 - Michelle W.-RES Tom C./Phil N. - 45 min. Forward Urban Ren. Plan to CCDA - Phil N. Report on MTIP projects - CCDA - Approve recording Urban Renewal-Phil N Duane R. & Phil N.- 15 min. LCRB-Award Hall Blvd Sidewalk Contract - Gus D. LCRB - Share of Storm Deb. Dewatering Fac. - Dennis K. Business Meeting Meridian Park Hospital Presentation on Com- munity.Resources,and Outreach - Liz N.-15 min. - Briefing on Emergency Response Exercise Scheduled for June 14 - Dennis K. - 5 min. Approve CIP for FY 06-07 - PH - PPT - Gus 10 Certify City provides Services Qualifying for State Shared Revs - RES - Bob S. - 10 min. Declare City's Election to Receive State Revenues - PH - RES - Bob S. - 10 min. Adopt FY 2006-07 Budget - PH - RES Bob S.- 40 min. Adopt Citywide Master Fees and Charges Schedule - Michelle W. - RES -15 min. Adopt Metro's Temporary Const. Excise Tax Bob S. &Mike Jordan (Metro) - IGA - 15 min. Pelissier Annex. - Tom C./Emily E. ORD- PHQJ 20 min. Time Avail: 135 min. - Time Scheduled: 140 min. Time Avail: 200 min. - Time Scheduled: 145 min. Time Left: = 5 min. Time Left: 55 min. 6/6/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: June 27, 2006 Meeting Date: July 11, 2006 Meeting Date: July 18, 2006 Meeting Type/Time: Business/6:30 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: Tom I. Greeter: Materials Due @ 5: June 13, 2006 Materials Due @ 5: June 27, 2006 - Materials Due @ 5: July 3, 2006 Councilor Woodruff will not be attending City Manager Prosser Absent Study Session Study Session Workshop Agenda Executive Session - Update on Park and Open Space Acquisition - Dennis K. - 15 min. Review Council Groundrules - Craig P. - 15 min. Comprehensive Plan Update: Citizen Issues and Values Summary - Beth St. P Consent Agenda Consent Agenda Senior Center Lease Renewal - Loreen M. LCRB - Award Contract for Hall Blvd. Sidewalk Authorize Submittal of MTIP Project (Spruce St.) - Gus D. Proposals - Duane R. - RES Business Meeting Summary - Community Survey Results - Business Meeting Tom C. - 20 min. Briefing on Walnut Street TVF&R Station - Report on TVF&R Community Academy - Bill D.& TVF&R Asst. Chief LeSage PPT - 30 min Craig D., Craig P. - 20 min. Approve TMC Revisions Incorporating a - Amend Ordinance 06-04's Map to Match Privilege Tax - Nancy W. - 25 min. - ORD Wilson Ridge Legal Desc. -Tom C.- ORD - 5 min. Approve TMC Revisions Incorporating a ROW - Adopt TMC amendment re Alcohol in City Parks Preservation & Restoration Policy - Nancy W.- Dennis K. - 10 min. - ORD . 25 min. - ORD Time Avail: 135 min. - Time Scheduled: 55 min. Time Avail:-. 135 min. -Time Scheduled: 80 min. Time Avail: 200 min. - Time Scheduled: 30 min. Time Left: 80 min. Time Left: 55 min. Time Left: 170 min. 6/6/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: July 25, 2006 Meeting Date: August 8,_2006 Meeting Date: August 15, 2006 Meeting Type/Time: Business/6:30 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: July. 11,-2006" Materials Due @ 5: July 25, 2006 Materials Due @ 5: August 1, 2006 City Manager Prosser Absent ? City Manager Prosser Absent ? Study Session Study Session Workshop Agenda City Manager Review - 30 min. SI Review Council Groundrules - Craig P. - 15 min. SI (or July Workshop) Consent Agenda Consent Agenda Approve Volunteer Worker's Compensation Coverage - Loreen M Business Meeting Business Meeting 2nd Quarter Goal Update - Craig P./Joanne - 5 min. Authorize Submittal of Transportation Enhance.' Grant Program Proposal - Tom C.= 5 min.- RES Rider -Annexation - Tom C. - PHJQ -ORD - 30 min. - r Time Avail: 135 min. -Time Scheduled: 40 min._ Time Avail: 135 min. -Time Scheduled: min. Time Avail: 200 min. -Time Scheduled: 15 min. Time Left: 95 min. Time Left: min. Time Left:. 185 min. - 6/6/2006 1 Agenda Item No. S dH 62.sS 1" Meeting of 09- ,1. We 1 cs m e is An D 4F /,A 1a cull'I~lom~ VIM \ i + i ~1y.. I rte. ~ ~ _ , 74 s WA U G kb . y _l t tY (J r f , IN i ~n'.,;- 71 )PP r CA 1 a ` t 1. tgS'+,S a. .C~+{yy;t _ r a = .yks • ~ '~P F *:z.. }.r'Yt,. . ~.:'"`t . J'~ f ~ 1 ~i L• . ~ y ih of lt` 2',h Y 4 t ~ ti. t s Pl ~ . r ` ii~Tys'. Y n' A t ~ it v y.~ ''r ~i ~ 41.34 ems;, J J+~"~h} y~ ~y~~{! .r I 33 ~f I ~ 7 s 1 ~ SI ~ o and Black Railing Brick an , Columnar Basalt Stone r9 t ~ ~ may- ~ ~ p~}) pRAFT 44, 4 s and Walls p > S Stone Column . f 2(2,0 v Gtr A ~ 6i IfNkV "I PIPIJ F ~ y ; cat( Homo ~ PTO w 1-A, t" 0-10 -C a 0 TipOff Regional Emergency Exercise - June 141h, 2006 1.paikg,rt>,m.id and Speaking, .Points for Elected Officials From 8a.m. to 2p.m. on Wednesday June 14`h, a flurry of "bad things" will happen all around Washington and neighboring Columbia counties as part of a large terrorism exercise. The details of the individual incidents cannot be released ahead of time in order for the exercise to be as realistic as possible. TipOff is a prelude to a national "TopOff' exercise planned for 2007, based in the Portland metro area, which will test the resolve of top officials in Washington, D.C., two states and Guam. NN'ho is playing in the exercise? ♦ Officials and emergency planners from Washington and Columbia counties The cities of Tualatin, Tigard, Hillsboro, Beaverton, Forest Grove (including police & fire agencies) Portland's Metropolitan Explosive Disposal Unit ♦ Tualatin Valley Fire and Rescue ♦ WCCCA (911) ♦ TriMet ♦ FBI ♦ Local businesses Where will the exercise take place? ♦ Several field locations with real props and mock victims ♦ City and County emergency operations centers ♦ Simulation cells at dispatch centers What are the goals of the exercise? ♦ Familiarize emergency response personnel with their roles in the event of a terrorist attack ♦ Test incident plans, procedures and equipment ♦ Test agency interoperability and communications ♦ Test evacuation procedures ♦ Determine resource allocation ♦ Test community notification procedures Who funds the exercise? ♦ TipOff is supported by the federal government's Department of Homeland Security and funds from Oregon's Homeland Security Grant Program. Will tnediia coder the exercise? ♦ Yes, media have been receiving information for the last month and most news rooms have indicated that they will cover the exercise. There will be escorts to help media get the video, stills and interviews desired while minimizing disruption of the exercise. ♦ Media will assure the public that real emergencies (fire, ambulance, and police) will be handled in a timely fashion. Speaking Points What Safetv Precautions will be Taken? ♦ Safety is everyone's first priority and there will be safety controllers at every site. ♦ Only weapons that have been cleared and identified with an orange band on the weapon butt are permitted inside the perimeter for exercise play. ♦ Vehicles will only be allowed through entry and exit points. Who can I call if I have more questions? ♦ Anne Madden, Washington County Department of Land Use and Transportation 503-846-4963 Cell 503-936-1575 anne maddenici,co.«-ashi.ns'ton.or..us ♦ Cassandra Ulven, Tualatin Valley Fire and Rescue 503-612-7013 iilvencaL venca(d!tvI.T. corn Speaking Points AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: June 13, 2006 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: 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. 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 Agenda Item No- 3.;) C Meeting of (o , 13 • bk FIFTH TUESDAY MEETING - May 30, 2006 Present: Mayor Dirksen Councilor Woodruff Councilor Harding Councilor Sherwood Facilitator: Stacie Yost Staff: Carol Krager Citizens: David Noles, 10630 SW Park Street, Tigard Terry Weese, 10600 SW Park Street, Tigard Gretchen Buehner, 13249 SW 136" Place, Tigard Clayton Pugsley, 10570 SW Park Street, Tigard Cleon Cox Two students from Hillsboro High School (Martha and Roy) on an assignment to attend a public meeting The meeting started at 7:02 p.m. Facilitator Yost welcomed everyone to the meeting and gave the ground rules. She noted that a change to the meeting is that Deputy City Recorder Krager will be taking minutes and the meeting will be taped so that action items can get back to staff quickly. She announced the agenda: • Planning Code Changes • Police Services Survey on Unincorporated Areas PLANNING CODE CHANGES - David Noles, 10630 SW Park Street, spoke about changes he'd like to see in the Planning Code. He brought in photos of the view from his kitchen window showing his back yard in 1998 and in the present. The neighbor behind him (10635 SW Cook Lane) has built a large, steel, 30' x 40', 18' tall structure. He said he did not like viewing this building from his backyard deck and felt none of the Councilors would like to look at this structure all summer long either. Councilor Sherwood asked if it was a storage shed. Mr. Noles said it was a shop. Mr. Noles asked, "Is this is the direction that Tigard is heading?" He said that by allowing this type of structure, Tigard decreases the livability of the city and compromises the aesthetic nature of our residential areas. He realizes there is nothing he can do now about this building but wants to save someone else the grief by changing the Code to prevent this from happening. I:ADM:CA1tOL:Fifth,ruesday060530 1 He noted that as sewer districts are going in, people on older, larger lots no longer need their drain fields. He said all they have to do is hook up to the sewer and they can use the rest of their lot for a construction zone. Councilor Sherwood asked if the neighbor had to get permits and Mr. Noles said he met the Code. He said this is why he wants to close the loophole in the Code that allows a property owner to build any type of structure in their yard and simply attach it to their dwelling with a 4' covered walkway. He said it is then not an accessory structure, but an addition to the home. He said he was working with City staff member Mark VanDomelen this afternoon and who also expressed frustration with the vagueness of the Code and suggested that he speak with Dick Bewersdorff. Mr. Noles would like the Code to replace the 4' breezeway section and require that any addition be attached to the house with a common wall and be of the same material as the house, both roofing and siding, and require windows so it at least looks residential. Mayor Dirksen said that even if it's a business and we try to prevent the running of that business, the building will still be there. Mr. Noles said it is not the size the building that is an issue as much as making it look like it belongs in a residential neighborhood. Councilor Sherwood said we need to change the definition of "attached" in the Code. The radio towers on Bull Mountain were discussed. Mayor Dirksen said that in response to the initial question about whether this is the direction Tigard is going, the answer is no. He said the City has not changed anything where this was not allowed previously and now it is. He said that it is just that time has gone by and there are constraints on property. He said the difficulty with changing the Code to react to this is that they'll figure out another loophole to get around it in the future. He said the City staff could spend all their time trying to plug loopholes but it is a difficult way to deal with things instead of trying to be proactive. Mr. Noles phoned surrounding cities (Tualatin, Durham, Sherwood, and Wilsonville) and asked what would happen if he requested a permit to build a 1200 square foot, 19 foot tall building. The reaction he received was that he probably couldn't do that because their lots are not big enough. Mayor Dirksen said all the cities mentioned do have some properties of that size, but they are rare. Clayton Pugsley, 10570 SW Park Street, presented a photograph of the view from his backyard. The large metal building appears in it as well as a temporary metal structure in the next yard. He said he was getting the full bore of a welding business going on there. He said the people (on 10605 SW Cook Lane) came in, hooked up to the sewer, and then covered half of their lot with 4" of concrete. They built a temporary shelter, and opened up a welding business. The fluorescent light is on 24/7 and lights up his whole back yard all night long. The residents are welding and grinding and he sees the flash of arc welding from his yard. I:ADM:CAROL:FifthTuesday060530 2 Mayor Dirksen asked, "How are they doing this? This is a residential area." He said this is a code enforcement issue. Terry Weese, 10600 SW Park Street, said the people say they are not running a welding business, and that this is for their personal use. He said he has already been through this when they first started putting up the temporary structure. He showed the Council a digital photo of a Porsche on a forklift that was being cut apart in their backyard. He asked, "Who has a commercial forklift in their backyard?" Councilors Harding and Sherwood agreed that they're running a business. Mr. Weese showed a photo of the five foot distance between his fence and the shop, stating that it does not meet the setback code. Councilor Woodruff asked what City staff have said to him. Mr. Weese complained that he's not getting anything from them. Mr. Weese pointed out in the photo a snorkel coming from the steel building behind Mr. Noles' property. He said that owner is running a spray booth, noting that neighbors have to listen to the noise and smell hones. Mayor Dirksen asked for the address and Councilor Woodruff verified that these are two different properties. Mr. Weese said they were, one behind his home and the other behind Mr. Noles' home. He showed the Council photos of four utility trailers in the back yard of 10605 SW Cook Lane and enough axles to build seven more. He said there was a dump truck in their back yard last week they were welding on and seven people outside welding the day prior. Mayor Dirksen said they can say what they want but they are obviously running a business and we will get code enforcement after them. Councilor Harding said they may be breaking the noise ordinance as well. Facilitator Yost summarized their main issues: • Code enforcement as far as noise and fumes • Businesses in residential areas • Structures • Loophole in the Code regarding breezeways • 5' setback of the temporary building Councilor Harding said staff needs to investigate this without leveling charges from neighbors. She felt this is a City issue and there is no need to have retaliation problems. Mr. Noles said as far as he could tell, the large structure's owner builds cabinets and does not have a business license. The owner said he does business under the name of "Oak Things". They've made contacts at DEQ about the fume problem but DEQ does not show a business under this name in their system. Mr. Noles visited the structure a few weeks ago and saw thousands of dollars in equipment, grinders, saws, planers and joiners. Irene I:ADM:CAR0L:FifthTuesday060530 3 Mawhirter, 13960 SW 100`h is the owner of record. Mayor Dirksen asked if there a regular residential house on the property. Mr. Weese indicated there was. Mr. Weese said the last time he spoke with Code Enforcement Officer Darnell she told him the welders were just doing landscaping trailers for themselves and his family was helping him. He has given her a disk of photos showing multiple trailer axles, multiple trailers, and items being stored there for commercial use. He said he was basically told to mind his own business; they could do what they wanted. Mr. Weese said they do this work at any time they want. He has yelled over the fence at 11:00 p.m. asking them to knock it off. Mayor Dirksen said he should call the police if it's after 7:00 p.m. and reiterated the City's noise policy. Mr. Weese noted that they also have a pot-belly stove and burn garbage in it outside as well. Councilor Sherwood said this is not what we intended with our sewer project. Mr. Noles said as this goes on more people will be heartbroken to see these things going up in their neighborhoods. He offered his help to the City on working through a Code change. Mayor Dirksen assured the residents that this will be brought to the attention of staff. POLICE SERVICES SURVEY - Gretchen Buehner brought this to the Council's attention because she felt the data is incorrect and is being used by the County in a way that is detrimental to the cities. She has spoken with police who indicate that they spend 50% of their time in Beaverton responding to things they see on the way to a call in West Slope or Garden Home. She was told the City needs to do its own research. She suggested an audit. She felt Tigard Police answer more calls outside the city than the Enhanced Patrol answers for our area. She spoke to an officer whose district is Scholls Ferry south to the County line but who spends 25% - 50% of his time in Beaverton answering calls. Mayor Dirksen said the City has already told the County we feel the survey is invalid because they don't consider total taxation. Residents of Tigard pay County taxes and City taxes. Councilor Sherwood suggested an outside auditor be brought in. Mayor Dirksen thought perhaps the State or Metro could do it. Councilor Woodruff said we are doing an outside audit of the police time and perhaps it could be added to that scope of work. Ms. Buehner asked the Council to look at the time Tigard Police spend in Bull Mountain or Metzger. Mayor Dirksen said it was negligible. HIGH SCHOOL VISITORS - I:ADM:CAROL:Fiftli 1'uesday060530 4 Two students from Hillsboro High. School attended the meeting as part of a school assignment on public meetings. Mayor Dirksen explained the Council meeting schedule and how the Fifth Tuesday meetings came about. They asked the Mayor what were the biggest issues discussed at Council meetings. Mayor Dirksen said, as discussed at this meeting, in-fill and the pace of development were major issues. He also spoke about the Urban Renewal District for the downtown area. INITIAL REACTION TO WILLAMETTER RIVER WATER - Councilor Woodruff asked the Tigard residents present what their initial reaction would be to Tigard obtaining water from the Willamette River. He said Tigard just signed a 10-year contract with the City of Portland for a portion of our water but we are looking at other options. Drawing water from the Willamette is one option. Of the citizens present, four said yes and one said no. Councilor Woodruff explained, after some water-quality concerns were raised by Mr. Weese, that the water would come from the Willamette above the Oregon City falls. Mr. Weese felt that water below the falls would not be acceptable and suggested that telling people where on the Willamette the water would come from was an important point. He indicated his earlier vote was because he thought the water would be pulled from the lower Willamette. Ms. Buehner felt the Willamette River water would be better than Bull Run water. Mr. Noles is concerned about the Bull Run watershed's vulnerability to terrorists. Mr. Pugsley felt that as any water would have to meet Federal requirements, he would be OK with Willamette River water. As there were no other discussion items or citizens wishing to speak, the meeting was adjourned at 7:55 p.m. I:ADM:CAR0L:FifthTucsday060530 5 Agenda Item # d Meeting Date Tune 13, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Receive and File: Canvass of Votes for Measure 34-114 (City Center Urban Renewal Plan and Tax Increment Financing Prepared By: Cathy Wheatley `-0 Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Receive and File the official election results for the May 16, 2006, election. STAFF RECOMMENDATION N/A - Informational item only regarding the official results for the May 16, 2006, election. KEY FACTS AND INFORMATION SUMMARY • When the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is filed with the City Council at a Council meeting to officially "receive and file" the information. • City of Tigard Ballot Measure 34-114 (City Center Urban Renewal and Tax Increment Financing) was approved by City of Tigard voters: Yes 5,711 65.55% No 3,002 34.45% OTHER ALTERNATIVES CONSIDERED . N/A COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goal: Implement Downtown Plan Vision Statement: Community Character and Quality of Life: "...proactively work ...to set the course for the future of the central business district," and "the downtown will provide a gathering place for the community and honor the sense of a small town/village." ATTACHMENT LIST Washington County Elections Division Abstract of Votes FISCAL NOTES The City is not charged for expenses associated with a primary election (ORS 254.046). i:tadmtpacket'0 610 6 0 61 3tcanvass of votes ais.doc WASHINGTON COUNTY OREGON June.~~005 Office of City Recorder , City of Tigard 0-tAl rU J,J Yz,~ 13125 SW Hall Blvd Tigard OR 97223 Enclosed you will find a copy of the Abstract of Votes for City of Tigard relating to the election held on May 16, 2006. In accordance with ORS 255.295, please canvass the votes and notify the Washington County Elections Division within thirty (30) days of receipt by signing and returning the bottom portion of this letter to: Washington County Elections Division 3700 SW Murray Blvd. Suite 101 Beaverton OR 97005 Thank you very much. Sincerely, Mickie Kawai Elections Manager MK/jd o have ca va sed the votes for City of Tigard, relating to the election on May 16, 006. By signing this canvass letter, I concur with the final results. n tom' ~ AUTHORIZING SIGNATURE DATE Department of Assessment & Taxation, Elections Division 3700 SW Murrray Blvd. Suite 101 Beaverton OR 97005 Phone: 503/846-5800 Fax: 503/846-5810 NUMBERED KEY CANVASS WASHINGTON COUNTY PRIMARY ELECTION RUN DATE:06/02/06 02:47 PM MAY 16. 2006 REPORT-EL52 PAGE 0210 Nonpartisan VOTES PERCENT Measure 34-114 City Of Tigard Vote For 1 01 = Yes 5.711 65.55 02 = No 3.002 34.45 01 02 0400 400 WASHINGTON SQUARE 484 265 0402-402 TIGARD/WALNUT ST 193 112 0403 403 TIGARD/GAARDE ST 817 416 0404 404 FOWLER SCHOOL 492 308 0405 405 TWALITY SCHOOL 854 395 0406 406 TIGARD CITY HALL 660 357 0408 408 SUMMERFIELD 1319 619 0409 409 SUMMERLAKE-WEST 501 283 0416 416 SUMMERLAKE-EAST 369 224 0454 454 BULL MT SPLIT 21 23 0455 455 S TIGARD/PACIFIC HWY 1 0 o ~F G0Aliv/S - 6r o~ 0,v COUh01 ' PRECINCTS COMPLETED LISTING WASHINGTON COUNTY PRIMARY ELECTION MAY 16, 2006 RUN DATE:06/02/06 02:42 PM TOTAL REG. TURN PRECINCT BALS VOTERS OUT 301 301 RURAL NW COUNTY 708 2,056 34.44 302 302 KINNAMAN 740 2,026 36.53 303 303 WITCH HAZEL 154 338 45.56 304 304 BUTTERNUT 715 2,612 27.37 305 305 BANKS 211 794 26.57 306 306 TANASBOURNE 218 549 39.71 307 307 WILLOW CREEK 538 1,747 30.80 308 308 BLOOMING FERN HILL 228 482 47.30 309 309 HAWTHORNE FARMS 762 3,006 25.35 310 310 DILLEY 479 1,343 35.67 311 311 LAURELWOOD 165 604 27.32 312 312 HAGG LAKE 281 737 38.13 313 313 HILLSBORO-UNINCORP 115 286 40.21 314 314 GLENCOE 289 700 41.29 315 315 HELVETIA 269 627 42.90 316 316 PUMPKIN RIDGE 370 951 38.91 317 317 VERBOORT 184 412 44.66 318 318 MINTER BRIDGE 816 2,564 31.83 319 319 QUATAMA STREET 235 1,025 22.93 320 320 HAZELDALE 824 2,388 34.51 321 321 GASTON 68 287 23.69 322 322 JACKTOWN 89 215 41.40 323 323 INDIAN HILLS 729 3,219 22.65 324 324 CHERRY GROVE 135 420 32.14 325 325 HILLSBORO-ISLANDS 0 2 326 326 RURAL BANKS 562 1,318 42.64 327 327 BROWN MIDDLE SCHOOL 763 2,789 27.36 328 328 FARMINGTON VIEW 535 1,331 40.20 329 329 CENTURY SCHOOL 790 3,184 24.81 330 330 NORTH PLAINS 305 948 32.17 331 331 PORTLAND/BARNES 0 4 332 332 ORENCO STATION 777 2,280 34.08 333 333 JOHN OLSEN 643 3,462 18.57 334 334 DIXIE MOUNTAIN 45 112 40.18 335 335 JACKSON SCHOOL 1,187 3,490 34.01 336 336 FAIRGROUNDS 734 2,369 30.98 337 337 WALNUT ST 994 3,352 29.65 338 338 CORNELIUS 1,044 3,555 29.37 339 339 FOREST GROVE-EAST 1,313 4,075 32.22 340 340 FOREST GROVE-WEST 1,598 4,469 35.76 C 0 4141,TSi 341 341 CORNELIUS-SCHEFFLIN 146 302 48.34 ' 342 342 DAVID HILL RD 106 198 53.54 343 343 MOOBERRY 1,111 3,550 31.30 344 344 HILLSBORO CENTRAL 1,004 3,026 33.18 345 345 W/HILLSBORO UNINCORP 27 89 30.34 g ( tL_', 346 346 CORNELIUS/TUAL RIVER 116 240 48.33` 347 347 FG/TUALATIN RIVER 10 29 34.48 348 348 LAKE OSWEGO 28 109 25.69 G'1~0 349 349 DIVISION STREET 705 2,042 34.52 Y coui0y ` 350 350 FIR GROVE 1,670 3,721 44.88 351 351 ALOHA PARK 591 2,035 29.04 352 352 BEAVERTON-CENTER 204 627 32.54 353 353 WALKER ROAD-SOUTH 548 1,428 38.38 354 354 CHEHALEM SCHOOL 1,541 3,497 44.07 355 355 MEADOW PARK 1,174 2,862 41.02 356 356 ALOHA-WEST 440 1,578 27.88 357 357 HERITAGE PARK 526 1,377 38.20 PRECINCTS COMPLETED LISTING WASHINGTON COUNTY PRIMARY ELECTION MAY 16, 2006 RUN DATE:06/02/06 02:42 PM TOTAL REG. TURN PRECINCT BALS VOTERS OUT 358 358 SEMINOLE ESTATES 345 883 39.07 359 359 WATERHOUSE 1.549 4.103 37.75 360 360 PHEASANT LANE 750 2,249 33.35 361 361 MILLIKAN 287 1,142 25.13 362 362 CEDAR HILLS 1.577 3,332 47.33 363 363 BARNES RD 1,329 2,917 45.56 364 364 MCDANIEL RD 1.796 3,639 49.35 365 365 LEAHY RD 1.656 3,004 55.13 366 366 WEST TUALATIN VIEW 445 1,348 33.01 367 367 THOMPSON RD 1.444 2,822 51.17 368 368 SOMERSET 1.342 3,408 39.38 369 369 COLUMBIA AVE 743 1.656 44.87 370 370 ROCK CREEK 635 2,070 30.68 371 371 OAK HILLS 941 1,903 49.45 372 372 RIDGEWOOD SCHOOL 868 1,622 53.51 373 373 CORNELIUS PASS 154 362 42.54 374 374 JACOBSON RD 1 4 25.00 375 375 PORTLAND CITY 79 247 31.98 376 376 WESTVIEW 828 1,819 45.52 377 377 BETHANY EAST 1,292 2,725 47.41 378 378 CANYON LN 425 1,021 41.63 379 379 HALL BLVD 1,326 3,176 41.75 380 380 HIGHLAND PARK 1.055 2.111 49.98 381 381 BEAVERTON/CENTER ST 697 1,864 37.39 382 382 GREENWAY 1,036 2.674 38.74 383 383 BEAVERTON-HILLSDALE 618 1,225 50.45 384 384 GARDEN HOME 1,055 2,137 49.37 385 385 PORTLAND GOLF CLUB 1,343 2,714 49.48 386 386 RALEIGH PARK 1.771 3.195 55.43 387 387 SUNSET CORRIDOR 94 228 41.23 388 388 WHITFORD 61 186 32.80 389 389 SEXTON MOUNTAIN 1,289 3,136 41.10 390 390 SOUTHRIDGE 1,514 3,291 46.00 391 391 PORTLAND CITY 77 264 29.17 392 392 PORTLAND CITY COM 2 52 223 23.32 393 393 MONTCLAIR 282 528 53.41 394 394 CORNELIUS EAST 7 17 41.18 395 395 MURRAY HILL 884 2,275 38.86 396 396 DURHAM 290 693 41.85 397 397 BULL MOUNTAIN 784 2,482 31.59 pF CCM/~%~ 398 398 COOPER MOUNTAIN 340 709 47.95 399 399 METZGER 642 1, 900 33.79 400 400 WASHINGTON SQUARE 779 2,319 33.59 4 401 401 MAYO STREET 751 1.555 48.30 402 402 TIGARD/WALNUT ST 317 906 34.99 403 403 TIGARD/GAARDE ST 1,282 3,528 36.34 404 404 FOWLER SCHOOL 833 2,336 35.66 Cj•' 405 405 TWALITY SCHOOL 1,293 3,531 36.62 C 0 U toy' 406 406 TIGARD CITY HALL 1,053 2,802 37.58 407 407 NORTH BARNES 397 747 53.15 408 408 SUMMERFIELD 2,041 4.130 49.42 409 409 SUMMERLAKE-WEST 835 2,122 39.35 410 410 BEEF BEND RD 565 1.653 34.18 411 411 SCHOLLS HEIGHTS 429 1.609 26.66 412 412 COOPER MT SCHOOL 750 1.773 42.30 413 413 FISCHER/PACIFIC HWY 21 79 26.58 414 414 BARROWS RD 354 1,151 30.76 415 415 BEEF BEND/131ST 297 422 70.38 PRECINCTS COMPLETED LISTING WASHINGTON COUNTY PRIMARY ELECTION MAY 16, 2006 IUN DATE:06/02/06 02:42 PM TOTAL REG. TURN PRECINCT BALS VOTERS OUT 416 416 SUMMERLAKE-EAST 630 1,518 41.50 417 417 ELDORADO 423 1,192 35.49 418 418 HART ROAD 128 312 41.03 419 419 KING CITY 1,165 1,671 69.72 420 420 TUALATIN CITY 1,162 3,038 38.25 421 421 TRI-CITIES 6 21 28.57 422 422 FG NORTH/UNINCORP 71 228 31.14 423 423 TUALATIN-NORTH 820 2,549 32.17 424 424 CENTRAL SHERWOOD CITY 1,005 3,298 30.47 425 425 SHERWOOD-UNINCORP 227 613 37.03 426 426 GRONER 103 271 38.01 427 427 SCHOLLS 496 1,25539.52 428 428 TUALATIN-WEST 360 1,172 30.72 429 429 MILLER HILL 635 1,748 36.33 430 430 BALD PEAK 169 439 38.50 431 431 MOUNTAIN HOME 580 1,517 38.23 432 432 WILSONVILLE 29 169 17.16 433 433 ED BYROM SCHOOL 766 2,068 37.04 434 434 ERROL HASSELL 1,140 3,093 36.86 435 435 SE SHERWOOD CITY 1.077 3,361 32.04 436 436 TUALATIN CITY 562 1,414 39.75 437 437 HAZELBROOK 22 57 38.60 438 438 SE COUNTY 162 514 31.52 439 439 PCC 116 254 45.67 440 440 HILLSBORO-SOUTH 52 269 19.33 441 441 PORTLAND CITY SOUTH 21 55 38.18 442 442 KEMMER RD 275 725 37.93 443 443 JENKINS/BASELINE 0 0 444 444 SPRINGVILLE 719 1,961 36.66 445 445 SCHOLLS HTS N 234 551 42.47 446 446 LOMBARD 412 1.034 39.85 447 447 BETHANY WEST 907 1,834 49.45 448 448 CEDAR HILLS 83 315 26.35 449 449 CANYON/217 11 29 37.93 450 450 WALKER RD 0 0 451 451 GRABHORN 194 590 32.88 452 452 JOHNSON/185TH 648 2,348 27.60 453 453 BASELINE/185TH 7 35 20.00 454 454 BULL MT SPLIT 47 206 22.82 455 455 S TIGARD/PACIFIC HWY 1 7 14.29 OF C 0 N11y/s, 456 456 NORTH FOREST GROVE 7 25 28.00 457 457 NW SHERWOOD CITY 393 1.570 25.03 Q~ 'L 458 458 Sherwood Annexation 2 2 100.0 459 459 King City Annexation 69 176 39.20 0'y C~"~0 U a Agenda Item # -3.3 Meeting Date June 13, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A Resolution Approving Budget Amendment #13 to the FY 2005-06 Budget to Increase Appropriations in the City Attorney Division. Prepared By: Michelle Wareing Dept Head Okay /t#j City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Shall the City Council approve Budget Amendment #13 to increase appropriations in the City Attorney budget to fund additional costs related to labor contract negotiations, Land Use Board of Appeals (LUBA) filings, and the downtown plan? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #13. KEY FACTS AND INFORMATION SUMMARY This amendment to the City Attorney budget is necessary due to additional attorney costs for union contract negotiations and unanticipated land use appeal issues. Council has been briefed on these issues at previous Executive Sessions. The budgeted amount for City Attorney is $233,800. Actual attorney costs for invoices received through March 31, 2006 are $218,426. There are still three months of attorney costs to be incurred. Staff have reviewed their attorney costs year-to-date and estimated what they believe their attorney costs will be for the next three months based on the legal issues they are dealing with currently and what they anticipate will become a legal issue. This budget amendment will increase appropriations in the City Attorney budget by $97,000 and reduce the Central Services Fund Contingency by the same amount. OTHER ALTERNATIVES CONSIDERED None considered, insufficient appropriations available. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None ATTACHMENT LIST Resolution including Attachment A FISCAL NOTES This resolution will transfer $97,000 from the Central Services Fund Contingency to the City Attorney Division Budget. w AGENDA ITEM # 3, FOR AGENDA OF June 13, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Forward the Urban Renewal Plan and Ordinance Adopting the Plan to the Urban Renewal Agency (CCDA) for recording. PREPARED BY: Phil Nachbar DEPT HEAD OK 7 CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council forward the Urban Renewal Plan to the Urban Renewal Agency (CCDA) to take actions to record the Plan. STAFF RECOMMENDATION Pass a motion to forward the Urban Renewal Plan to the Urban Renewal Agency (CCDA) for appropriate action. INFORMATION SUMMARY Council has approved and adopted the Urban Renewal Plan. On May 16, 2006, voters approved the use of Tax Increment Financing. ORS 457.095 requires that Council take action to have the plan recorded by forwarding the Plan to the Urban Renewal Agency (CCDA). OTHER ALTERNATIVES CONSIDERED Non-Action would result in the inability to utilize an Urban Renewal District in Downtown. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Community Character & Quality of Life: CBD Goal: Provide opportunities to set the course for the future of the Central Business District. Strategy: Develop Strategies for Public Improvements in the Central Business District. Planned Actions: Develop a Plan for an Urban Renewal District and send to voters for approval. ATTACHMENT LIST None. FISCAL NOTES The fiscal impacts of Urban Renewal have been reviewed previously by City Council without objection. Agenda Item # Q Meeting Date June 13, 2006 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City of Tigard, Oregon Issue/Agenda Title Meeting of City Center Development Agency (CCDA) to direct Staff to take action to have the Urban Renewal Plan recorded by Washington County. Prepared By: Phil Nachbar Dept Head Okay Agency Mgr Okay ISSUE BEFORE THE CCDA AND KEY FACTS Shall the City Center Development Agency (CCDA) direct staff to record the Urban Renewal Plan with Washington County. STAFF RECOMMENDATION As the CCDA, pass a motion to record the Urban Renewal Plan with Washington County. KEY FACTS AND INFORMATION SUMMARY Council has approved and adopted the Urban Renewal Plan. On May 16, 2006, voters approved the use of Urban Renewal within the adopted Urban Renewal District. ORS 457.125 requires that an Urban Renewal Agency (CCDA) take actions to have an Urban Renewal Plan recorded by the appropriate County. In order to fulfill this requirement, the CCDA must pass a motion directing Staff to take action to have the Plan recorded. OTHER ALTERNATIVES CONSIDERED Non-Action would result in the inability to utilize an Urban Renewal District in Downtown. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Community Character and Quality of Life - Central Business District, Goal No. 1: Provide opportunities to work proactively with the Tigard Central Business District Association, business and property owners, and citizens of Tigard to set the course for the future of the Central Business District. Strategy: Develop Strategies for Public Improvements in the Central Business District. Planned Actions: Develop a Plan for an Urban Renewal District and send to voters for approval. ATTACHMENT LIST None. FISCAL NOTES The fiscal impacts of Urban Renewal have been reviewed previously by City Council without objection. AGENDA ITEM # 3• (O a FOR AGENDA OF Tune 13.2006 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of Hall Boulevard Sidewalk at Bonita Road K~ ~Y PREPARED BY: Vannie Nguyen DEPT HEAD OK: Agustin . Duenas CITY MGR OK: Craig Prosser ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board approve the contract award for the construction of the Hall Boulevard Sidewalk project? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to All Concrete Specialties, Inc. in the amount of $52,481.00 and authorize an additional amount of $5,248.00 to be reserved for contingencies and applied if needed as the project goes through construction. The total amount committed to the project is therefore $57,729.00. INFORMATION SUMMARY This project proposes to construct a concrete sidewalk 68 feet long by 6.5 feet wide on the west side of Hall Boulevard across from Bonita Road. The project also includes an asphaltic concrete paved shoulder to provide a smooth transition between the existing ground and the new sidewalk. This new section of sidewalk will enhance the existing bus stop location for TriMet bus passengers. During rainy days, poor drainage and the unpaved surface result in standing water, which dries to leave behind significant mud accumulation at this bus stop location. The original Engineer's estimate was $32,000. In order to obtain a minimum of three (3) competitive quotes for the project, on April 20, 2006 staff invited four contractors to submit bid proposals. However, in response to the invitations, only All Concrete Specialties (ACS) and CR Woods Trucking turned in their bids. The lowest bid of $51,269.00 was submitted by ACS. Since there were less than three (3) bids submitted, staff decided to reject all bids and opted for a formal and sealed bid process to attract more competitive bids. The project was advertised for bids on May 16 and May 18, 2006 in the Daily Journal of Commerce and the Times respectively. No addendum was issued for the project. Bids were opened on May 30, 2006 at 2:00 P.M. and the bid results are: CR Woods Trucking Newberg, OR $68,903.30 S2 Contractors Aurora, OR $63,458.00 All Concrete Specialties, Inc. Vancouver, WA $52,481.00 Engineer's Estimate Range $45,000 to 55,000 The Engineer's estimate was revised to reflect high unit bid prices for the small size of the project. In addition, the ODOT standard detail for catch basin requires the contractor to construct a cast-in-place structure, which is labor intensive and adds cost to the project. The low bid submitted by All Concrete Specialties, Inc. appears to be reasonable. Staff recommends approval of the contract award to All Concrete Specialties, Inc,. OTHER ALTERNATNES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The project meets the Tigard Beyond Tomorrow Transportation and Traffic Goal of "Alternative modes of transportation will be available and maximized." ATTACHMENT LIST Project location map. FISCAL NOTES The amount of $75,000.00, which is available in the FY 2005-06 CIP under the Gas Tax Fund, is sufficient to award a contract of $52,481.00 to All Concrete Specialties, Inc. and reserve a contingency amount of $5,248.00 for the construction of the project. HALL BOULEVARD SIDEWALK INSTALLATION AT BONITA ROAD Q A~FF GREENSWARD LN r SW FANN E 0 00 r 00 uj co Q PROD CT LOCAT/O = U Ir N ~ Ico -E NEZ ST BONITA ROAD w Q A = 9GF INEBROOK ST 00 a0 U co co PROJECT LOCATION MAP NOT TO SCALE Agenda Item # -3.? Meeting Date Tune 13.2006 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City of Tigard, Oregon Issue/Agenda Title Storm Debris Dewaterin Facih r VI Prepared By: Dennis Koellermeier Dept Head Okay City Mgr Okay ISSUE BEFORE THE LCRB AND KEY FACTS Should the Council approve Tigard's share of the joint storm debris dewatering facility? ■ This facility is a joint effort between the Cities of Tigard, Tualatin and Sherwood. ■ The new facility will reduce costs associated with the disposal of storm debris. ■ Tigard's budgeted share of the project was $85,000; Tigard's actual share is $73,982. STAFF RECOMMENDATION Approve the expenditure to cover Tigard's share of the cost for the new storm debris dewatering facility. KEY FACTS AND INFORMATION SUMMARY Storm debris dewatering facilities serve as a "holding area" for storm water waste like leaves, garbage, rocks and roadside debris. In a dewatering facility, this waste is left to drain and is subsequently disposed of by special permit at the Hillsboro landfill. Storm debris disposal costs are based on weight and the cost is approximately $90 per ton. Currently, Tigard disposes of storm debris at the City of Beaverton's facility, which is uncovered and lacks the capacity to process the amount of debris currently being dumped there. The new facility, located at the City of Tualatin's operation center, is covered and is designed to accommodate the storm debris generated by the three cities involved in this project: Tigard, Tualatin and Sherwood. Because the new facility is covered and will be protected from rain, waste material will drain better and will weigh less upon disposal, resulting in lower costs. OTHER ALTERNATIVES CONSIDERED The City considered constructing its own facility, but a lack of space prohibited that option. Also, a Tigard facility would have been substantially more expensive. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goals - Other Important Goals for 2006 Stabilize Financial Picture - Take appropriate action to control costs Tigard Beyond Tomorrow 2005 - Water and Stormwater Goal #3 - "Stormwater runoff is effectively managed." ATTACHMENT LIST None FISCAL NOTES This facility was originally approved in the FY 04/05 CIP budget. Due to construction delays, the project was postponed and funds were carried over to the FY 05/06 CIP budget. The current budget contains $85,000 for the project; Tigard's actual cost will be $73,982. The total facility cost will be $176,913. Agenda Item # `7 Meeting Date June 13, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Meridian Park Hospital Presentation On Community Resources & Outreach Prepared By. Liz Newton Dept Head Okay Qty Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS A report on community resources available through Legacy Health System's Meridian Park Hospital. STAFF RECOMMENDATION No action required - information only. KEY FACTS AND INFORMATION SUMMARY Legacy Health System's Meridian Park Hospital serves the Tigard - Tualatin area with emergency and non-emergency health care. In addition, a number of preventive and wellness programs and other resources are provided to the community. Hospital Administrator, Allyson Anderson, will present information on resources provided to the community through Meridian Park Hospital. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT 2006 City Council Goals: Improve Communication and Relationship with Citizens ATTACHMENT LIST None FISCAL NOTES N/A iAadm\citycounci \councd agenda item summaries\2006\ais for meridian park community tesources060613.doc5/30/06 Agenda Item # 15 Meeting Date June 13, 2006 COUNCIL AGENDA ITEM SummARY City Of Tigard, Oregon Issue/Agenda Title Brief the Council on the Tune 14 Emergency Response Exercise Prepared By: Dennis Koellermeier Dept Head Okay hlz--~ City mgr okay ISSUE BEFORE THE COUNCIL AND KEY FACTS ■ On Wednesday, June 14, the City of Tigard will test its Emergency Operations Plan by staging a practice exercise. ■ Citizens may see emergency responders participating in the drill on this day. ■ Although some aspects of the exercise will impact City services, the City will remain open throughout the drill. ■ This full-scale training exercise will assess the City's ability to respond to and provide critical services during an emergency. STAFF RECOMMENDATION Listen to the presentation. No action is required KEY FACTS AND INFORMATION SUMMARY On Wednesday, June 14, 2006, several mock terrorist incidents will take place in and around Washington and Columbia Counties. Responders from the two counties, TVF&R, and the cities of Tualatin, Tigard, Hillsboro, Beaverton and Forest Grove are participating in the exercise, dubbed "TipOff." This exercise is specifically designed to evaluate the interagency response to terrorism and familiarize emergency responders with their roles in the event of a terrorist attack. However, the knowledge and experience gained from the training can be applied to any type of emergency or disaster. TipOff is supported by the federal government's Department of Homeland Security and funded by Oregon's Homeland Security Grant Program. TipOff is a prelude to the national "TopOff" exercise planned for fall of 2007. Tigard will also participate in this Portland-based emergency response exercise. The City has informed the community about this exercise through two articles in Cit" and, with this meeting, two televised presentations to the Council. Citizens directly impacted by the training have received or will receive a door hanger and a recorded reverse 911 call notifying them of the exercise. In order for the exercise to be as realistic as possible, further details of the training are not being released OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard City Council, Other Important Goals for 2006 Improve Communication and Relationship with Citizens Tigard Beyond Tomorrow, Public Safety Goal #2: The community will be trained and prepared for emergencies Strategy #2: Coordinate Tigard emergency response providers. ATTACHMENT LIST None. FIscAL NOTES The exercise, estimated to cost $12,000, is fully funded through a state Homeland Security Grant. ~/i3/oco F O:Dll LAC. Y! ~ ~ x ~Y y `~=y y~f0.G15f. 1 .1 s , LEVW) j l C r., rte. 2 AGENDA ITEM # FOR AGENDA OF Tune 13, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE FY 2006-07 Community Investment Program PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Adoption of the FY 2006-07 Community Investment Program and approval of the FY 2006-07 projects and budget. STAFF RECOMMENDATION That Council, by motion, adopt the FY 2006-07 Community Investment Program (CIP), the CIP projects, and budget as described in the attached memorandum dated May 24, 2006 with appendices A, B, B-1 through B-6 and C. INFORMATION SUMMARY Attached is a memorandum dated May 24, 2006 transmitting the FY 2006-07 Community Investment Program (CIP). This memorandum, with appendices, presents the recommended projects for FY 2006-07 and a tentative list of projects for the subsequent four years. The FY 2006-07 CIP was approved by the Planning Commission at its meeting on May 15, 2006. It was approved by the Budget Committee with several changes also on May 15, 2006. The FY 2006-07 CIP with revisions incorporated is hereby submitted to City Council for review and approval. The adopted program would be the City's Community Investment Program for FY 2006-07. OTHER ALTERNATIVES CONSIDERED N/A COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The projects in the FY 2006-07 CIP strongly support the Council goals to "Implement Downtown Plan" and "Improve 99W Corridor." In addition, specific projects in the various systems support other important Council goals for 2006. In general, the projects in the FY 2006-07 CIP all promote the Tigard Beyond Tomorrow goals in Growth and Growth Management, Transportation and Traffic, Urban and Public Services and Community Character and Quality of Life. ATTACHMENT LIST Memorandum dated May 24, 2006 with appendices A, B, B-1 through B-6 and C. FISCAL NOTES The specific projects and project funding for each project are as shown on the project lists. The adopted CIP will be effective July 1, 2006. hengtgus%council agenda summarlesl6-13-06 ry 2006-07 community investment program als.doc MEMORANDUM TO: Mayor and City Councilors FROM: Agustin P. Duenas, P.E. City Engineer RE: FY 2006-07 Community Investment Program DATE: May 24, 2006 The City of Tigard's Capital Improvement Program has been renamed the Community Investment Program. The implementation of capital improvement projects is a major investment in the community, and the new name better conveys that concept to the citizens of Tigard. This document presents the proposed FY 2006-07 Community Investment Program (CIP) projects for review and approval. Background The CIP includes improvements to the streets, storm drainage, sanitary sewer, water, parks, and city facilities systems. The program is developed through a process separate from the City's Operating Budget formulation process, and is reviewed and approved each year by the City Council. It is formulated early in the fiscal year so that it can be integrated into the City's overall budget process for approval. The program submitted to the City's Budget Committee, the Planning Commission and City Council is a five-year program with the first year's program described in detail. While the program lists projects for subsequent fiscal years, the projects shown are tentative and are subject to change during the formulation process for each specific budget year. The CIP, through the adoption process, establishes the budget for the upcoming fiscal year and serves as a planning document to guide the infrastructure improvements over the following four years. During each budget year's update, the revenue estimates are adjusted, the project cost estimates are reviewed, and the program and project priorities are re-evaluated based on changes in City plans, citizen input, and additional data which may become available. Process The program update process for FY 2006-07 began in October 2005 with preparation by City staff of a draft project list based on the City's priorities at that time. The formal formulation process began December 7, 2005 with the first of two Citywide meetings to receive input from the public on the draft list of projects. At the first meeting, City staff Memorandum to City Council - FY 2006-07 CIP Page 1 of 4 presented the draft list, answered questions, and received suggestions for additional projects. The draft list was posted on the City's website on the same day. The second Citywide meeting was conducted on January 25, 2006. Prior to the meeting, responses were prepared addressing all comments received. A revised draft list was presented at the second meeting. Presentations to the Planning Commission on March 6, 2006 and to City Council on March 21, 2006 provided opportunities for those two bodies to provide input into the CIP. The formal presentations of the FY 2006-07 CIP are as follows: Budget Committee May 8, 2006 (completed as scheduled) Planning Commission May 15, 2006 (completed as scheduled) City Council June 13, 2006 Adoption June 13, 2006 The Budget Committee and Planning Commission reviews provided opportunities for public comment on the proposed project list. The final project list with modifications incorporated is hereby submitted for Council consideration and adoption at the June 13, 2006 meeting. Council may make additional modifications to the program prior to adoption. Implementation of the projects in the adopted program can begin anytime on or after July 1, 2006. FY 2006-07 Projects The CIP includes projects under the following system programs: ♦ City Facilities System Program ♦ Parks System Program ♦ Sanitary Sewer System Program ♦ Street System Program ♦ Storm Drainage System Program ♦ Water System Program Appendix A describes the projects and lists the corresponding funding sources under the various programs for FY 2006-07. The Council goals to revitalize the Tigard Downtown area, continue to seek improvements for Highway 99W, acquire land for greenspaces and parks, and address growth are emphasized in the selection of projects for FY 2006-07 and the subsequent four years. Significant Changes in the Proposed Project Lists The following changes made by the Budget Committee are reflected in the final project lists: • The project to consolidate the Public Works staff in the Water Building by upgrading and renovating the building (proposed for funding under the City Memorandum to City Council - FY 2006-07 CIP Page 2 of 4 Facilities System Program in the amount of $630,000) was removed from the CIP budget pending submittal of additional information to City Council on the need for, and full scope of, the project. Contingency amounts have been placed in reserve in the Water, Sanitary and Stormwater Funds to allow for a budget amendment to reinstate the project, should Council decide to do so. • No funds are to be spent on the Senior Center Remodel project (proposed for funding under the City Facilities System Program in the amount of $200,000) unless a Community Development Block Grant (CDBG) is awarded for the work, or the project design is a requirement for award of the grant for the project. Staff will have to schedule a briefing to Council on further details regarding this project. • The design for a proposed traffic signal system at the Tigard Street/Main Street intersection was added to ensure that the signal system is coordinated with the design of the signalized crossing gates for the Main Street railroad crossings to be installed as part of the Commuter Rail project. The project design for the Commuter Rail project is nearing completion and each street crossing is being addressed in detail. The railroad crossings at Main Street and the allowable turning movements are still under discussion among TriMet, Oregon Department of Transportation and the City. The construction of the crossing gates is expected to begin in early FY 2007-08. The Five-Year CIP Appendix B provides an introduction to the Five-Year CIP. Appendices B-1 through B-6 present the Five-Year CIP projects beginning with FY 2006-07 and ending with FY 2010-11. Unfunded Projects The establishment of the Street Maintenance Fee provides a stable source of revenue for the City's street maintenance needs. However, the City still lacks a significant source of revenue (beyond the current Traffic Impact Fee revenue) for street expansion projects. The State Gas Tax has not been increased during the past decade. As operating and materials costs increase, the amount available from the Gas Tax Fund is expected to decrease each year. Appendix C shows some of the major projects in streets, parks acquisition, and storm drainage that will not have adequate funding over the next few years. The list provided is not all inclusive but provides an indication of the level of funding required to address some of the projects needed over the next few years. Memorandum to City Council - FY 2006-07 CIP Page 3 of 4 APPENDICES ■ Appendix A: FY 2006-07 Community Investment Program Projects ■ Appendix B: Five-Year Community Investment Program Plan ■ Appendix B-1: City Facilities System Program ■ Appendix B-2: Parks System Program ■ Appendix B-3: Sanitary Sewer System Program ■ Appendix B-4: Street System Program ■ Appendix B-5: Storm Drainage System Program ■ Appendix B-6: Water System Program ■ Appendix C: Unfunded Projects c: Craig Prosser, City Manager Bob Sesnon, Finance Director Tom Imdieke, Financial Operations Manager Dennis Koellermeier, Public Works Director Tom Coffee, Interim Community Development Director Vannie T. Nguyen, CIP Division Manager I:%eng\gus%memomndums\- memorandum for hplanning corrmissior-proposed cip projects for fy 2008-07.doc Memorandum to City Council - FY 2006-07 CIP Page 4 of 4 APPENDIX A FY 2006-07 Community Investment Program Projects Report - Project Details by Type created on: CIP Year: FY 2006-07 5/5/2006 11:15:41 AM City Facilities System Program $1,214,197 Audio/Visual Control System for Council Chambers $83,000 cip year: FY 2006-07 Facility Fund $83,000 status: Proposed description: This project is carried over from FY 2005-06 for the provision and installation of audio, visual, and control systems for the Tigard City Council Chambers. Card Reader Installation $18,500 cip year: FY 2006-07 Facility Fund $18,500 status: Proposed description: The City has several IDF or network wiring rooms throughout its facilities. The FBI is requiring that all IDF rooms be accessed via a card reader system. This project installs card readers at each IDF room and replaces the one at the Library coffee bar. City Facility Security Upgrades $10,000 cip year: FY 2006-07 Facility Fund $10,000 status: Proposed description: City facilities are access controlled by a combination of key entries and electronic card entries. The current key system patent will expire in 2007, which will require the City to implement a new key system. In addition, the City desires to install additional card reader entries to reduce the number of entries with key access. This effort will provide better overall access control. This upgrade will be phased in over several fiscal years. Citywide Facility Master Plan $50,000 cip year: FY 2006-07 Facility Fund $50,000 status: Proposed description: This project provides funding for a consultant to prepare a Master Plan for City Hall buildings and determine if remodeling of the buildings would be required. The project also includes extra funding to finance the remodeling if needed. Commuter Rail Station Enhancement $100,000 cip year: FY 2006-07 Facility Fund $100,000 status: Proposed description: The proposed 14.7-mile Commuter Rail line will share freight train tracks with the Portland & Western railroad running through eastern Washington County. In addition to serving Tigard, the line will also serve five stations in Beaverton, Washington Square, Tualatin and Wilsonville. The Tigard Commuter Rail station.will be located in the downtown adjacent to the existing TriMet Bus station approximately 300 feet east of Main Street on the north set of tracks. The existing tracks on the south side will be removed. A Park and Ride facility will also be constructed south of the Commuter Rail line. This project provides funding for the design and construction of specific enhancements such as streetscaping, lighting, landscaping to enrich the combined TriMet Bus/Commuter Rail site that will function as a transportation hub in downtown Tigard. Construction is anticipated to begin in late 2006 with service scheduled for 2008. Appendix A Library Parking Lot Expansion $180,000 cip year: FY 2006-07 Facility Fund $180,000 status: Proposed description: This project modifies and expands the existing Library parking lot at the northeast corner of the Hall Blvd/Wall Street intersection to provide additional parking spaces for the patrons visisting the Library. The project also relocates the Library entrance immediately east of Hall Blvd to approximately 370 feet east of the street to connect to the proposed Wall Street. This project will be constructed in conjunction with the Hall/Wall Street - Phase 2 project to minimize impacts to the Library and other properties in close proximity. Library Projects - Houghton - Root Donations $427,697 cip year: FY 2006-07 Facility Fund $427,697 status: Proposed description: Projects to be funded by donations received from Grace Tigard Houghton and Neva Root. Library Property - Voluntary Cleanup $75,000 cip year: FY 2006-07 Facility Fund $75,000 status: Proposed description: Soil with higher than normal background levels of arsenic existed on the library property prior to construction. Most of the soil containing the higher concentrations was removed or capped, as part of the library construction project. There is a need to test the rest of the property to determine if any additional mitigation efforts are required. The City has entered into a voluntary cleanup program with the Department of Environmental Quality (DEQ) to evaluate the rest of the site, perform additional tests in areas that were not tested, and determine if additional mitigation is needed. The results of the additional testing and evaluation will determine what, if any, additional mitigation work is needed to produce a "no further action" determination by DEQ. Outside Entrance to PC-4 conference room $15,000 cip year: FY 2006-07 Facility Fund $15,000 status: Proposed description: This project modifies the existing conference room at the northeast corner of the Permit Center Bldg. Installation of a new door will allow the public to enter the room without entering the main entrance when conducting public meetings. PD Underground Storage Tank Upgrade $40,000 cip year: FY 2006-07 Facility Fund $40,000 status: Adopted description: Decomission and remove existing underground storage tank for the emergency back up Appendix A generator at the Police Department. Install above ground storage tank of same capacity (500 gallons). Police & Records Storage Remodel $15,000 cip year: FY 2006-07 Facility Fund $15,000 status: Proposed description: The project remodels the current Public Works operations building to accommodate storage of Police evidence and city records. The remodel includes architect fees, construction costs including modifications to plumbing, electrical and heating systems, purchase of a generator and above ground tank, man lift and shelving units for storage. By remodeling the operations facility, Police and City records will be able to store records and evidence in one location consequently reducing overall operating costs and enhancing more efficient operation. Senior Center Remodel Design (including Seismic Upgrade) $200,000 cip year: FY 2006-07 Facility Fund $200,000 status: Proposed description: The Senior Center needs to be remodeled and enlarged to meet the current and fast-growing needs of Tigard's senior population. In addition, as part of the on-going maintenance and update of City facilities, the Center needs to be upgraded to meet current seismic standards. This project includes engineering design, construction documents and construction costs. No funds are to be spent on this project unless a Community Development Block Grant (CDBG) is awarded for the work, or the project design is a requirement for award of the grant for the project. Appendix A Report - Project Details by Type created on: CIP Year' FY 2006-07 5/5/2006 11:19:20 AM Parks System Program $2,457,876 BPA Trail Feasibility Study $15,000 cip year: FY 2006-07 Parks Capital Fund $15,000 status: Proposed description: This is a proposed pedestrian trail that would extend along the Bonneville Power Administration (BPA) power line easement from SW Beef Bend Road to SW Barrows Road. A consultant will be contracted to develop a preliminary trail alignment study. Clute Property House Demolition $15,000 cip year: FY 2006-07 Parks Capital Fund $15,000 status: Proposed description: This house is being demolished to create space for a future small, neighborhood park on City owned property. Fanno Creek Trail (Hall to Fanno Creek) $30,000 cip year: FY 2006-07 Parks Capital Fund $30,000 status: Proposed description: This trail segment will be from Hall Blvd. to Fanno Creek, north of the bridge accross Fanno Creek. This segment will connect to the existing trail south of the bridge. Fanno Creek Trail Master Plan $60,000 cip year: FY 2006-07 Parks Capital Fund $60,000 status: Proposed description: The Fanno Creek Greenway Trail is a 15-mile recreational and commuter trail that connects the Willamette River in southwest Portland to the Tualatin River near Cook Park. When completed, the Fanno Creek Trail will provide the first regional multi-use trail on the west side of the Portland region, linking existing parks and recreational facilities. More than 50% of the Tigard portion of the trail has been completed. This project provides funding to prepare a Master Plan to identify available rights-of-way along the creek to construct the remaining portion of the trail in the future. Land Acquisition $1,159,026 cip year: FY 2006-07 Parks Capital Fund $1,159,026 status: Proposed description: This project is directly related to the Council goal of "Address growth - Identify and acquire open space and park land". The use ranges from neighborhood parks to greenspace to pocket parks. Northview Park - Shelter & Path Installation $25,000 cip year: FY 2006-07 Parks Capital Fund $25,000 status: Proposed description: This will continue the park master plan by adding a picnic shelter and a path system within Northview Park. Appendix A Parkland Acquisition - Downtown $100,000 cip year: FY 2006-07 Parks Capital Fund $100,000 status: Proposed description: This project provides funding to purchase property north of Fanno Creek in the area designated as Area #2 in the Tigard Downtown Improvement Plan. Environmental enhancement of that area to help revitalize the Tigard downtown is expected in the future as part of the Downtown Improvement Plan project recommendations. Skate Park Development & Construction $426,300 cip year: FY 2006-07 Parks Capital Fund $426,300 status: Proposed description: This project constructs a 15,000 square foot, in-ground skate park in the area of the City Hall parking lot approved by City Council. Funding for this project will come from private donations, general fund and system development charges. At this point, private donations are expected to raise approximately $40,000 and the balance will come from a combination of the General Fund and the Parks SDC fund. These funding sources will be consolidated and transferred into the Parks Capital Fund. Tree Replacement/ Planting $50,000 cip year: FY 2006-07 Parks Capital Fund $50,000 status: Proposed description: This continues the yearly program to plant new trees in greenways and parks, remove old and hazardous trees, and maintain and protect existing trees. Funding for this is from the fee developers pay when it is not possible to protect existing trees on property that is being developed. Tualatin River/Cook Park Trail from Garden to Bridge $97,530 cip year: FY 2006-07 Parks Capital Fund $97,530 status: Proposed description: This 1300 foot trail segment will connect the Cook Park Trail to the newly constructed Tualatin River Bicycle and Pedestrian Bridge. The funding for this project will come. from a state grant, Park SDCs and the fund balance. Washington Square Regional Center Trail $430,020 cip year: FY 2006-07 Parks Capital Fund $430,020 status: Proposed description: This project provides funding for a conceptual design, final design and construction of a trail on the south side of Ash Creek between Highway 2.17 and Hall Boulevard. The trail will be approximately 3,000 feet long by 10 feet wide and will be a multi-use bicycle and pedestrian path. By providing this trail, pedestrians and bicyclists will be able to bypass the traffic on Hall Boulevard, Greenburg Road, Scholls Ferry Road and Nimbus Avenue. Park Signs $50,000 cip year: FY 2006-07 Parks Capital Fund $50,000 status: Proposed description: This project installs community oriented park signs at pedestrian areas and across streets where appropriate at Parks and entries to the City. Appendix A Report - Project Details by Type created on: CIP Year: FY 2006-07 5/5/2006 11:22:09 AM Sanitary Sewer System Program, $2,520,000 79th Ave Sanitary Sewer Outfall $80,000 cip year: FY 2006-07 Sanitary Sewer Fund $80,000 status: Proposed description: This project installs approximately 1,000 feet of sanitary sewer pipe between 79th Avenue and the CWS 60-inch interceptor running adjacent to Fanno Creek. Construction of the new pipe is necessary to provide an outfall to a proposed sanitary sewer extension district on 79th Avenue that will serve approximately 10 lots on the street. This project will be constructed in conjunction with the 79th Avenue Storm Drainage Outfall project to minimize impacts to private properties. Benchview Terrace Sanitary Sewer Access Road $60,000 cip year: FY 2006-07 Sanitary Sewer Fund $60,000 status: Proposed description: A small creek and drainage from surrounding developments are eroding about 250 feet of a road used by City maintenance crews to reach a sanitary sewer. The road is accessed from Greenfield Drive, just south of the intersection at Benchview Terrace. The purpose of the project is to repair the damage caused by erosion by stabilizing the creek and redirecting drainage. Bonita Road at Milton Court - Pipe Removal $30,000 cip year: FY 2006-07 Sanitary Sewer Fund $30,000 status: Proposed description: In FY 2002-03 the City installed approximately 250 feet of 8-inch sanitary sewer pipe to replace an existing pipe that had severe bellies and poor grade. This segment of the line is located at the Fanno Creek crossing west of the Bonita Road/Milton Court intersection. At the time of construction, the City decided to abandon the existing pipe in place with the intention of removing it at a later time. This project is the removal of the pipe crossing Fanno Creek at this location. Citywide Sanitary Sewer Extension Program $2,000,000 cip year: FY 2006-07 Sanitary Sewer Fund $2,000,000 status: Proposed description: This 5 year-program, which began in FY 2001-02, extends sanitary sewer services to all developed but un-sewered areas Citywide. The City uses the formation of reimbursement districts to construct the sewers. As residents connect to the new sewer line, they have to pay their proportionate share of the cost of the line, plus the normal connection fee. The FY 2005-06 program proposed to include six reimbursement districts to provide approximately 95 connections to existing homes. However, in order to provide adequate time to purchase easements for construction of the outfalls for 4 districts, last year's program completed only 2 districts: Ash Avenue (at Garrett Street) and 93rd Avenue/Mountainview Lane to provide connections to 37 lots. The following 6 districts are proposed for FY 2006-07: - 87th Avenue (north of McDonald Street) - 97th Avenue (between Murdock and Pembrook Street) - 100th Avenue (between Inez and McDonald Street) - Ann Street (between 121st and 116th Avenue) - Hillview Street (at 102nd Avenue) - Fairhaven Street (east of 115th Avenue). Appendix A These districts will provide approximately 79 connections to existing homes. The program will need to be extended for several years beyond the original 5-year to address complex design issues, wetland permits and right-of-way acquisitions. Approval from City Council is required to form each district and construct the sewer extensions. The Commercial Area Sewer Extension Program is also funded from the Sanitary Sewer Fund and offers commercial entities the opportunity to participate in reimbursement districts for extension of sewer service to commercial areas. The current incentive programs for early connection in residential neighborhoods are not offered to the commercial sector. Funding is provided to accommodate potential projects that may surface during the fiscal year from the commercial sector. Commercial Street Sanitary Sewer Repair (Lincoln to Maint St) $50,000 cip year: FY 2006-07 Sanitary Sewer Fund $50,000 status: Proposed description: This project replaces approximately 50 feet of a severe damaged pipe on Commercial Street between Lincoln and Main Street that has caused frequent infiltration. This project will be designed and constructed in coordination with the Commercial Street Improvements project between Lincoln and Main Street. McDonald Street (at Hall Boulevard) Sanitary Sewer Connection $100,000 cip year: FY 2006-07 Sanitary Sewer Fund $100,000 status: Proposed description: This project connects a previously built but unconnected sanitary sewer on McDonald Street to the existing sanitary sewer system located on Merlyne Ct. This project includes installation of 240 feet of 8-inch sewer main and 2 manholes. Completion of the project will provide 10 connections to existing homes. Red Rock Creek Sanitary Sewer Repair $50,000 cip year: FY 2006-07 Sanitary Sewer Fund $50,000 status: Proposed description: Red Rock Creek has eroded away the soil and base rock from a sanitary sewer manhole and approximately 20 feet of 8-inch main just downstream of the manhole. The manhole and pipe are at risk of collapse due to this erosion problem. This project, located at 6900 SW 69th Ave., will address the problem. Sanitary Sewer Major Maintenance Program $100,000 cip year: FY 2006-07 Sanitary Sewer Fund $100,000 status: Proposed description: The Sanitary Sewer Fund will be used to contract out sewer repair projects that are beyond the repair capabilities of the City's Public Works Department. This program is expected to be a continuing program in future years as routine maintenance would avoid restoration costs that could be several times higher. The Sanitary Sewer Major Maintenance Program in FY 2006-07 will include sewer repair projects located at various locations in the City. Sanitary Sewer Master Plan $50,000 cip year: FY 2006-07 Sanitary Sewer Fund $50,000 status: Proposed description: Sanitary sewers in some areas receive an excessive amount of storm water through unauthorized Appendix A connections or deteriorated lines. The storm water causes overloading of sewers and increases the cost of operating the treatment plant. The proposed project provides funding to analyze and identify the sources of the stormwater entering the sewers and prepare a plan to reduce the sources. The project also identifies lines of inadequate capacity by conducting flow monitoring of existing lines to determine the extent of the capacity deficiency. A prioritized list of capacity improvement projects will be prepared as part of this project. Appendix A Report - Project Details by Type created on: CIP Year: FY 2006-07 5/5/2006 11:33:00 AM Street System Program $7,290,000 72nd Avenue/ Dartmouth Street Intersection Signalization $500,000 cip year: FY 2006-07 Traffic Impact Fee Fund $300,000 status: Proposed Gas Tax Fund $275,000 description: The 72nd Avenue/Dartmouth Street intersection is un-signalized, is configured as an "all-way stop" and is one of the most heavily-traveled intersections in Tigard. The multiple lanes on both streets are not conducive to the orderly movement of traffic. Both 72nd Avenue and Dartmouth Street in the vicinity of the intersection are virtually at capacity since they have become desirable routes attracting most local traffic in Tigard. Therefore, the intersection operating conditions are poor and show significant delay in the AM and PM peaks. In addition, the traffic volumes will most likely increase as large vacant properties in Tigard Triangle are developed. Increased traffic volumes would make the intersection unsafe and even more difficult for orderly movement of traffic. This project installs a traffic signal and constructs necessary roadway improvements to improve the traffic handling capacity of the intersection. The design is scheduled to be completed in the summer of 2006 and construction is scheduled for the fall of 2006 or spring of 2007. The intention at this time is to explore the formation of a reimbursement district to allocate the project costs among upcoming developments. $127,642 has been collected from developers. The amount of $372,358 will be contributed by the City for the improvements, which would be fully or partially reimbursed by the developments as they occur within the proposed district. Ash Avenue Connection Feasibility Study (Fanno Creek to Scoff ins St) $40,000 cip year: FY 2006-07 Gas Tax Fund $40,000 status: Proposed description: This project provides funding for a corridor study to determine a feasible alignment for Ash Avenue between Fanno Creek and Scoffins Street. If the recommendation from that study is to retain the extension of Ash Avenue, the design of the street, which may be initiated as early as FY 2007-08 will incorporate improvement concepts developed by the Downtown Comprehensive Streetscape Design Plan. Ash Avenue Construction (Burnham Street to Railroad Tracks) $300,000 cip year: FY 2006-07 Gas Tax Fund $300,000 status: Proposed description: Construction of Ash Avenue between Burnham Street and the existing railroad tracks to provide a second entrance and exit to the proposed Commuter Rail station and parking lot is identified in the Downtown Improvement Plan approved by the City Council in 2005. The traffic impact of only one access on Main Street, especially during peak hours, would be extensive. This project constructs a half-street improvement on the new Ash Avenue to provide a 23-foot paved width with sidewalk and planter strip on one side of the street. Appropriate transitions will also be constructed between the new street and the railroad tracks. Necessary rights-of-way will be purchased to accommodate the new construction. The remaining half-street will be constructed in the future to provide a full street section in accordance with the three-lane collector cross section specified in the current Tigard Transportation System Plan. The funding provided is for design and right-of-way acquisition. Construction of the project will be proposed for funding in FY 2007-08. Appendix A Bull Mountain Road (at Hwy 99W) Right-Turn Lane Widening $75,000 cip year: FY 2006-07 Traffic Impact Fee Fund - $75,000 Urban Services status: Proposed description: This project widens the right-turn lane on Bull Mountain Road at Highway 99W. The current eastbound lane from Bull Mountain Road to southbound Highway 99W is not wide enough to accommodate truck turning movements and other large-sized vehicles. In addition, the turning radius is substandard, which makes it difficult for vehicles to stay within the lane while maintaining the travelling speeds. The outfall of the storm drain pipe that runs underneath the road is also broken off and is in need of repair. This project provides funding to relocate an existing planter strip to provide space for widening of the right-turn lane and repair the existing storm drain outfall. It also enlarges the curb return radius for safe turning movements. Coordination with Washington County and the Oregon Department of Transportation on the design of the improvements is in progress. The funding provided is for completion of the project, which is expected to begin in late FY 2005-06. Bull Mountain/Roshak Road Intersection $100,000 cip year: FY 2006-07 Traffic Impact Fee Fund - $100,000 status: Proposed Urban Services description: This project includes evaluation and establishment of the ultimate configuration of the intersection to be used in the future planning around that area and design and construction of interim improvements that would fit into that long-term plan. The interim improvements incorporate the half-street improvements designed by a new subdivision north of the intersection to improve the horizontal alignment of Bull Mountain Road and enhance the street's capacity to accommodate additional traffic volumes generated by new developments in close proximity. Completion of the interim improvements will provide a dedicated left-turn lane from Bull Mountain to Roshak Road, and two through-lanes. Also included in the project are minor drainage work and new striping pattern to accommodate the additional lane. This project is funded from the Urban Services TIF fund in the amount of $100,000, allocated in two fiscal years FY 2005-06 and FY 2006-07, with the subdivision providing necessary funding for the half-street improvements required for its development. Burnham Street Improvements $950,000 cip year: FY 2006-07 Gas Tax Fund $950,000 status: Proposed description: This project completes the design of Burnham Street between Main Street and Hall Boulevard and provides funding to initiate right-of-way acquisition. Based on current design standards, the street requires a minimum paved width of 44 feet with sidewalks and landscaped strips on each side of the street. The 44-foot paved width may consist of two travel lanes, a center-turn lane and two bike lanes. However, the elements proposed for the street may be modified to incorporate design concepts recommended by the Tigard Downtown Comprehensive Streetscape Plan, which is currently underway. Those recommendations are expected to be completed in the summer of 2006. The final design for Burnham Street is scheduled to be.completed in December 2006. Right-of-Way acquisition is anticipated to occur in the fall and winter of the fiscal year and construction to begin in the spring of 2007 if feasible. Commercial Street (at Main Street) Intersection Treatments $75,000 cip year: FY 2006-07 Gas Tax Fund $75,000 status: Proposed description: This project designs and constructs appropriate treatments on Commercial Street at Main Street. Specific improvements identified in the Tigard Downtown Comprehensive Streetscape Plan, including signage, monuments, streetscape enhancements, light fixtures, landscaping, etc., will be incorporated into the project to ensure consistency of the overall design theme required for downtown Tigard. This project requires coordination with the Commercial Street Improvements Appendix A project, which is scheduled for construction in early-fall of 2006, to minimize impacts to the street and develop a cost-effective approach for both projects. Commercial Street Improvements (Lincoln Avenue to Main Street) $400,000 cip year: FY 2006-07 Gas Tax Fund $400,000 status: Proposed description: This project involves construction of half-street improvements with sidewalk on the north side of the street to provide a continuous sidewalk on Commercial Street from Lincoln to Main Street. The total paved width of Commercial Street after improvements is 28 feet curb-to-curb, which will accommodate two travel lanes and parking spaces on one side of the street. Due to close proximity of existing homes, trees, bridge piers, and railroad tracks, planter strips will be placed wherever feasible. The preliminary design has been completed and necessary rights-of-way are being acquired from three properties. Construction of the project was originally scheduled for the spring of 2006. However, in order to incorporate the design concepts of the Downtown Comprehensive Streetscape Plan into the project and to assure the rights-of-way are acquired in time for the improvements, the construction has been re-scheduled to early-fall of 2006. Completion of the project will provide a safe and convenient pedestrian route to downtown services and the planned commuter rail station. This project has been approved for CDBG funding in the amount of $91,300 with local matching funds of $208,700 coming from the Gas Tax Fund. Downtown Comprehensive Streetscape Design $50,000 cip year: FY 2006-07 Gas Tax Fund $50,000 status: Proposed description: The Tigard Downtown Improvement Plan, which was completed in September 2005, identifies eight "catalyst projects" and smaller-scale "brand-Tigard" projects with the potential to enhance the development environment of downtown Tigard. The first step towards implementation of the catalyst projects is to create a Comprehensive Streetscape Plan for the downtown area. The plan will identify an overall theme for the downtown area, establish design details for streets, public spaces, gateways, commuter rail station, parking lots, and recommend improvements suited for downtown streets. The plan will be designed by a Landscape Architect consultant and is scheduled to be completed in the summer of 2006. Completion of the plan will provide general design guidelines and a package of projects that can be implemented over a period of years as funding sources become availalbe. Durham Road/108th Avenue Intersection Signalization $200,000 cip year: FY 2006-07 Traffic Impact Fee Fund $200,000_ status: Proposed description: This project was funded in FY 2005-06 for installation of a traffic signal at the Durham Road/108th Avenue intersection. Traffic volumes on Durham Road have steadily increased since the mid 80's and will continue to increase as the street provides a direct connection between two state highways, Highway 99W and Hall Boulevard. Due to the increase in traffic volumes on Durham Road, traffic attempting to turn left from 108th Avenue onto the street experiences excessive delay. The problem has become worse as the residential developments along 108th Avenue are completed and generate impacts on the operations of traffic movements at this intersection. A traffic analysis conducted in March 2005 indicates installation of a traffic control signal on or about 2006 will enhance traffic safety at the intersection. Funding provided for this project is for the design and installation of a traffic signal, including necessary roadway improvements, to provide safe and controlled turning movements for traffic at the intersection. Hall Blvd and Highway 99W Gateway Treatments $75,000 cip year: FY 2006-07 Gas Tax Fund $75,000 Appendix A status: Proposed description: This project designs and constructs landscape and streetscape improvements at the intersection of Highway 99W and Hall Blvd. The improvements will incorporate the design concept established by the Downtown Comprehensive Streetscape Plan. Hall Blvd Half-street Improvements (Fanno Creek to 450 feet north) $150,000 cip year: FY 2006-07 Traffic Impact Fee Fund $150,000 status: Proposed description: This project widens Hall Blvd on the east side of the street from the existing Fanno Creek Bridge to approximately 450 feet north. The current northbound travel lane, which is less than 12 feet, will be widened to 12 feet. The narrow roadway shoulder will be replaced with a paved 6-foot bike lane. The new sidewalk will be installed at the ultimate location of the right-of-way required for an arterial (50 feet from the street centerline), which can accommodate a 5-lane street section in the future as needed. A planter strip will separate the bike lane and the sidewalk. Mitigation of the storm water generated by the additional impervious area will also be addressed in the design The existing bridge will not be widened as part of this project. Hall Boulevard (at McDonald Street) Right-turn Lane Widening $125,000 cip year: FY 2006-07 Traffic Impact Fee Fund $125,000 status: Proposed description: This project, which was funded in FY 2005-06, will be extended into FY 2006-07 to complete the design and acquisition of rights-of-way for construction of a southbound right-turn lane on Hall Boulevard at McDonald Street, as indicated by the conditions of approval for the development of the Library. In addition to widening the street, curb and sidewalk are proposed along the new segment of the street to improve pedestrian safety. An ODOT permit will be required for the improvements. A traffic study has been completed identifying required design elements such as lane width, storage lane, corner radius, etc. Construction of the project is tentatively scheduled to begin in late-spring of 2007. Hall Boulevard Crosswalk (at Fanno Creek Pathway) $80,000 cip year: FY 2006-07 Gas Tax Fund $80,000 status: Proposed description: This project is carried over from FY 2005-06 for installation of a crosswalk on Hall Blvd to provide a mid-block crossing for Fanno Creek Trail users. Since Hall Boulevard is a state route, location of the crosswalk requires approval from the Oregon Department of Transportation (ODOT). Upon completion of the project, the crosswalk will provide a mid-block crossing on a heavily-traveled, two-lane state route with a posted speed limit of 40 mph. Flashing beacons will be installed prior to or at the crossing to alert the on-coming two-way traffic of pedestrians crossing the street. Hall Boulevard Sidewalk (Spruce St to 850' south) $150,000 cip year: FY 2006-07 Gas Tax Fund $150,000 status: Proposed description: This project is carried over from FY 2005-06. It enhances pedestrian movements along Hall Blvd south of Spruce Street by installing sidewalks on the west side of the street for approximately 850 feet. Hall Boulevard at this location is a narrow two-lane roadway without sidewalks forcing pedestrians to use the existing bike lane and occasionally encroach into the travel lane. The close proximity of existing homes, landscape and limited right-of-way on this state route preclude placement of planter strips at some locations. This project has been approved for Community Development Grant (CDBG) funding in the amount of $136,725 with local matching funds of $108,275 coming from the Gas Tax Fund, for the total of $245,000, of which $100,000 is allocated in FY 2006-07 to complete the project. Hall Boulevard/Wall Street Intersection - Phase 2 $700,000 Appendix A cip year: FY 2006-07 Traffic Impact Fee Fund $700,000 status: Proposed description: This project constructs a common access to Hall Boulevard for the Library and the Fanno Pointe Condominiums as required by the Oregon Department of Transportation (ODOT). To ensure the project is constructed expeditiously for safe crossings at the entrance to the Library, the City divided the project in two phases: Phase 1 is the installation of a traffic signal at the entrance to the Library, which is scheduled to be completed in December 2005. Phase 2 is the construction of approximately of 370 feet of the common access, which has the same alignment with the proposed Wall Street, connecting Hall Boulevard to Hunziker Street. Wall Street is not proposed for construction at this time. Pinebrook Creek will be re-aligned for construction of the access. Because the re-alignment work is characterized as in-stream work, the Division of State Lands permit requires the work to be performed between July and October. Construction of the project is scheduled to begin in early- summer of 2006. Highway 99W Corridor Improvement & Management Plan $20,000 cip year: FY 2006-07 Gas Tax Fund $20,000 status: Proposed description: Highway 99W carries over 50,000 vehicles per day, half of which is regional through traffic. This highway is currently overwhelmed by the existing traffic volumes. There are no significant parallel routes to this highway, and the traffic congestion will continue to worsen as traffic increases during the next few years. The intersections of Highway 99W with Hall Boulevard, Greenburg Road, and McDonald Street are bottlenecks that seriously hamper the smooth flow of traffic. At peak travel hours, cut-through traffic uses the City of Tigard's collector and arterial system to avoid the Highway 99W traffic congestion. This traffic adversely impacts the arterial and collector street system in the City. The City has received a Transportation and Growth Management (TGM) grant to develop the plan. The study will evaluate various alternatives for improvement of the highway (including development of new parallel routes and connections that can feasibly be made between developments parallel to the highway) between Durham Road and Interstate S. The intent of the study is to address current traffic deficiencies, present design alternatives and propose strategies that would provide for effective traffic circulation, connectivity and operational improvements to the highway and its corridor. The study would provide a plan for management of the corridor and a package of projects (both large and small) that can be implemented over a period of years as funding sources are identified and designated for these projects. The allocated funding is to provide a local matching fund required by the TGM grant. Main Street Safety Improvements $75,000 cip year: FY 2006-07 Gas Tax Fund $75,000 status: Proposed description: This project includes minor safety improvements on Main Street including installation of light fixtures, bulbs-out, marked crosswalks, etc. A study will be conducted to determine the feasibility and locations of the improvements. Pavement Major Maintenance Program (PMMP) $1,160,000 cip year: FY 2006-07 Street Maintenance Fee $950,000 status: Proposed (SMF) Gas Tax Fund $210,000 description: The City has been active in implementing the yearly Pavement Major Maintenance program of corrective and preventative maintenance on streets in Tigard. The program, which includes rehabilitation alternatives, has the abilities to 1) restore the pavement's structural integrity, 2) increase riding quality, and 3) improve traffic safety. More importantly, through this pavement preservation strategy, the City was able to encounter a good return on its maintenance investments, which would have been significantly higher if it used different approaches, i.e. Appendix A reconstruction, when the streets are allowed to deteriorate. The City will continue to monitor and evaluate the pavement conditions after streets have been rehabilitated to document the effectiveness of the treatments. So far, the streets that have received treatments, have shown signs of exceeding their expected service lives. Streets scheduled to be included in this year's program are: - 68th Avenue (Highway 99W to Atlanta Street) - 72nd Avenue (Baylor Street to 1,000 feet north) - 79th Avenue (Bond to Ashford Street) - 100th Avenue (Sattler Road to Murdock Street) - 136th Avenue (south of Walnut Lane) - Durham Road (Summerfield Drive to Serena Court) - Garden Park Place Loop (at 110th Avenue) - Lomita Avenue (90th Avenue to end) - Pine Street (east of 69th Avenue) - Upper Boones Ferry Road (72nd Avenue to Interstate 5). The project list is subject to change due to actual bid proposals submitted at the time the project is advertised for construction. The lowest submittal bid price could exceed the proposed budget, which would require the City to move some streets from the current fiscal year to FY 2007-08. The Gas Tax fund will provide funding for improvements of the areas outside the existing edges of pavement if needed. Rehabilitation of the streets, including reconstruction if necessary, within the existing edges of pavement will be funded through the Street Maintenance Fee Fund. Sidewalk Improvements $100,000 cip year: FY 2006-07 Gas Tax Fund $100,000 status: Proposed description: The existing network of sidewalks in Tigard is not continuous outside of the newer residential subdivisions. The City recognizes continuity and connectivity are key issues for pedestrians and intends to address these issues through this project The first priority is to provide sidewalks between transit amenities such as bus stops and key activity centers. Extension of existing sidewalks at various locations in the City to provide safe paths to schools for students will also be considered. Tigard Triangle Street Improvements LID No.1 $1,750,000 cip year: FY 2006-07 Tigard Triangle LID #1 $1,750,000 status: Proposed Fund description: The Tigard Transportation System Plan (TSP) identifies the Tigard Triangle as an area where the street infrastructure needs to be significantly upgraded to meet the City's established standards. The formation of a Local Improvement District (LID) for construction of street improvements would address some of the deficiencies identified in the TSP. Specht Development, Inc. submitted a petition requesting the formation of an LID to improve certain streets within the Tigard Triangle. The proposed improvements include street and utility improvements to 68th Ave, 69th Ave and 70th Ave between Dartmouth and Baylor Street and Dartmouth Street and Clinton Street between 68th and 70th Ave, all within the Tigard Triangle. In the Council meeting of February 28, 2006, City Council approved the establishment of the proposed LID and directed staff to proceed with the Preliminary Engineer's Report. This project provides funding to complete the report and to construct the improvements for the district if it is formed. Traffic Improvement Analysis - Greenburg Rd/Tiedeman Ave/North Dakota St./Tigard St. Area $50,000 cip year: FY 2006-07 Gas Tax Fund $25,000 status: Proposed Traffic Impact Fee Fund $25,000 description: Appendix A Traffic volumes on the street system in the vicinity of Greenburg Road, North Dakota Street, Tiedeman Avenue and Tigard Street have resulted in frequent traffic backups on all four streets. The skewed intersection of North Dakota Street with Greenburg Road and the railroad crossings on Tiedeman Avenue and North Dakota Street exacerbate the traffic congestion problem. The Tigard Street/Tiedeman Avenue intersection needs turning lanes for more efficient traffic flow. This project provides funding for a study to determine how to improve traffic flow through this area, expecially during peak travel hours. The study will include the feasibility of closing one of the railroad crossings and potential street realignments to improve traffic circulation throughout the entire area. It will also include evaluation of the signal timing at the Greenburg Road/Tiedeman Avenue intersection to determine if any changes should be performed for better traffic movement through that intersection. The findings of the study is expected to provide the basis for future improvements in this area to improve traffic flow and enhance traffic and pedestrian safety throughout the streets in this area. Walnut Street (116th to Tiedeman Avenue) ROW Acquisition $40,000 cip year: FY 2006-07 Gas Tax Fund $40,000 status: Proposed description: This project provides funding to acquire the remaining rights-of-way for the improvements of Walnut Street between 116th and Tiedeman Avenue. The design has been completed and most of the rights-of-way have been acquired in FY 2004-05. Acquisition of the rights-of-way is necessary for future widening and reconstruction of the street. The narrow two-lane street is proposed to be widened to a three-lane roadway with curb, sidewalk and bike lanes. Construction of the project is scheduled to begin in FY 2009-10. Walnut Street Improvements (135th to 121st Avenue) $20,000 cip year: FY 2006-07 Gas Tax Fund $20,000 status: Proposed description: This project is the last phase of a three-phase project funded through the Washington County MSTIP3. The first phase improved the Walnut/121st Avenue intersection, which was completed by the County in August 2001. The second phase constructed the Walnut/Gaarde Street intersection and its approaches and installed a traffic signal at the intersection. The project was completed by the City also in 2001. Phase 3 is constructed by the County, which began in the spring of 2005. The project widens Walnut Street between 135th and 121st Avenue to provide a 44-foot paved roadway that consists of two travel lanes, a center-turn lane and two bike lanes. Planter strips are also installed wherever possible. The project also reconfigures and separates the Walnut Lane/135th Avenue intersection from Walnut Street. Certain improvements, such as extension of sanitary sewer lines, upgrades of waterlines and installation of pavement overlay, are also included in the project and are funded by the City. The construction is anticipated to be completed in the summer of 2006. Traffic Signal Installation at Tigard and Main $30,000 cip year: FY 2006-07 Gas Tax Fund $30,000 status: Proposed description: Project design for the signalization of the intersection of Main Street and Tigard Street. The signalization of this intersection will be coordinated with the design of the signalized crossing gates for the Main Street railroad crossing to be installed as part of the Commuter Rail project. Installation of the signal is projected to occur in FY2007-08. Appendix A Report - Project Details by Type created on: CIP Year' FY 2006-07 5/5/2006 11:28:58 AM Storm Drainage System Program $781,000 79th Avenue Storm Drainage Outfall $90,000 cip year: FY 2006-07 Stormwater Fund $90,000 status: Proposed description: This project constructs approximately 1,000 feet of 18-inch storm drain line east of 79th Avenue for discharge of storm runoff into Fanno Creek. The project also installs an energy dissipator manhole and riprap for water to flow through prior to discharging to the creek. Construction of this project will be combined with the 79th Avenue Sanitary Sewer Outfall project to minimize impacts to private properties. A 20-foot utility easement will be dedicated by a property owner for construction and maintenance of the storm drain and sanitary sewer pipes. Completion of this project will provide a direct point of connection for future upgrades of the storm drainage system on the street. Derry Dell Creek at Fanno Creek and Walnut St - Culvert Improvements $125,000 cip year: FY 2006-07 Water Quality/Quantity Fund $125,000 status: Proposed description: This project will replace two existing culverts: the first one is at Derry Dell Creek as it crosses under Walnut Street, and the second one is under an existing sanitary sewer main at the outfall of Derry Dell Creek into Fanno Creek. This project includes the design of both culvert replacements in preparation for construction of the project scheduled for the summer of 2008. Completion of the project will increase capacity of the culvert at Walnut Street to resolve flooding and maintenance issues and allow fish passage into derry Dell Creek. This project will aso accomplish culvert replacement goals identified in the Healthy Streams Plan. Derry Dell Creek Wetland & Vegetated Corridor Enhancement $3,000 cip year: FY 2006-07 Stormwater Fund $3,000 status: Proposed description: In FY 2004-05, the City enhanced wetland areas and the vegetated corridor along Derry Dell Creek at 110th Avenue. The enhancement is required by the DSL, the Corps of Engineers, and CWS due to impacts generated by the installation of a sanitary sewer pipe across the creek. Intallation of planting materials was completed in that fiscal year. In FY 2005-06, the City provided funding to hire a consultant to perform field inspections and monitor the growth of the vegetation. A report has been submitted to the agencies describing the site conditions and proposing a plan to maintain the current growing rate. This project provides funding for the second year report, including field inspections, monitoring and reporting to the agencies. Funding will also be allocated in FY 2007-08, to complete the monitoring work as required by the permit. Durham Rd at 108th Ave - Stream Bank Stablization $150,000 cip year: FY 2006-07 Stormwater Fund $150,000 status: Proposed description: A creek bank and a portion of the segmental-block retaining wall south of Durham Road have been eroded and undermined due to high stream flow oufalling from a 36-inch culvert under the street. The contributing factors to the problems are a large boulder, which was placed in the middle of the stream, and the culvert alignment, which does not line up with the creek. This project removes and reconstructs a portion of the retaining wall, removes the existing boulder, and extends the culvert for proper alignment with the creek. Preliminary design has been completed. Environmental permits are now being acquired because the project site is located within a sensitive area according to the City's Wetlands and Stream Corridors map. Contruction will occur between July and October to meet the in-water work window requirement. Bank Appendix A stabilization is the responsibility of adjacent property owners. Gaarde Street Phase II Wetland Mitigation $3,000 cip year: FY 2006-07 Stormwater Fund $3,000 status: Proposed description: This project provides funding to inspect and report mitigation measures required by the DSL, the Corps of Engineers and CWS to offset the loss of 0.009 acres of wetland associated with the widening of Gaarde Street. The offsite mitigation area is along the Fanno Creek Greenway immediately north of Tigard Street. The vegetated enhancement area is located along the Fanno Creek trail south of the Burnham Business Park. Initial vegetation management and plant installation were completed in FY 2004-05. In FY 2005-06, the City provided funding for field inspections and preparation of the first monitoring report to be submitted to the agencies. The proposed funding is for the second year report, including field inspections, monitoring and reporting to the agencies. Funding will also be allocated in FY 2007-08, to complete the last report as required by the permit. Highland Drive (109th Ave to 500' west of Greens Way) - Storm Drain Pipe Replacement $25,000 cip year: FY 2006-07 Stormwater Fund $25,000 status: Proposed description: The existing storm drainage system on Highland Drive from 109th Ave to 500 feet west of Greens Way consists of 12-inch pipes that have been crushed in numerous places and are in need of repair. This project includes installation of new pipes, manholes, and catch basins. This project was funded in FY 2005-06 from the Storm Sewer Fund to improve the existing storm drainage system. The work that will be performed in conjunction with the new pavement overlay also is scheduled for this street. The overlay work is funded from the Street Maintenance Fee Fund. The proposed funding for the storm drain replacement is required to complete the remaining work, which is anticipated to be carried over into FY 2006-07. Hiteon Creek Riparian Enchancement - Phase 2 Construction $90,000 cip year: FY 2006-07 Water Quality/Quantity $90,000 status: Proposed Fund description: This project constructs riparian enhancement features, including modifications of riparian buffer areas, to promote treatment of high flows. It also includes placement of large woody debris and minor channel improvements. This project addresses the "Stormwater Outfall Retrofit" goal identified in the Healthy Streams Plan prepared by Clean Water Services. Pine Street Storm Drainage System Upgrade $95,000 cip year: FY 2006-07 Stormwater Fund $95,000 status: Proposed description: This project upgrades the existing storm drainage system on Pine Street, which is shallow and undersized and is not able to collect storm ruoff from surrounding properties. Flooding has occurred (at least in the yard of one house) and a temporary ditch has been installed to handle the overflow of the runoff. The FY 2005-06 CIP provided funding to resolve the problem by replacing the existing 6-inch pipe with 12-inch, and installing manholes and catch basins for frequent collections of storm runoff. The funding proposed for FY 2006-07 is required to complete the construction, which begins in late FY 2005-06. Red Rock Creek (at Dartmouth Street) Culvert Replacement $100,000 cip year: FY 2006-07 Water Quality/Quantity $100,000 status: Proposed Fund description: Appendix A As part of the 72nd Ave/Dartmouth Street Intersection improvements, the Red Rock Creek culvert under 72nd Ave will be improved to increase capacity, allow fish passage and stabilize the creek channel near the intersection. Storm Drainage Major Maintenance $100,000 cip year: FY 2006-07 Stormwater Fund $100,000 status: Proposed description: This yearly program addresses minor storm drainage problems requiring more than normal maintenance effort by the City's Public Works department. The Storm Drainage Major Maintenance Program in FY 2006-07 includes projects located at various locations in the City. Appendix A Report - Project Details by Type created on: CIP Year: FY 2006-07 5/5/2006 11:38:36 AM Water System Program $7,052,470 550' Zone Beaverton Connection $200,000 cip year: FY 2006-07 Water Fund $84,000 status: Proposed Water SDC Fund $116,000 description: The City's water system is currently connected with the City of Beaverton (Joint Water Commission) in the 410' elevation zone. This project will create a second connection to serve the 550' elevation zone. This project may also allow the City to delay construction of a 550' zone reservoir on the north side of Bull Mountain for several years. 550' Zone Improvements: 10 MG transfer pump station upgrade $50,000 cip year: FY 2006-07 Water CIP Fund $50,000 status: Proposed description: The existing transfer pump station, located on the 10 MG reservoir site at Bull Mountain Road/125th Avenue, serves both the 550-foot and 713-foot service zones. The Water Distribution System Hydraulic Study identified a need to replace this pump station with one that would provide a higher pumping capacity to both service zones. Construction of this improvement increases pumping capacity from 2,000 gpm to 3,300 gpm for the 713-foot service zone. The pump station will also provide 3,900 gpm to the 550-Foot Zone Reservoir No. 2 listed previously. Along with the piping improvements listed below, the existing pump station at the Canterbury site (Pump Station No. 1) will be abandoned. 550' Zone Improvements: Reservoir No. 2 Supply Lines $200,000 cip year: FY 2006-07 Water CIP Fund $200,000 status: Proposed description: This improvement is needed for existing and future needs in both transmission and distribution to serve the new reservoir and pump station upgrade projects listed above. A new line will be constructed between the new transfer pump station and Reservoir No. 2, ranging in size from 18- inch to 24-inch. Design work will include selection of the most feasible route for this line. 550' Zone Reservoir No. 2 $500,000 cip year: FY 2006-07 Water CIP Fund $500,000 status: Proposed description: This reservoir will be located on Bull Mountain and will serve the south and eastern portions of the 550-foot pressure zone. Constructing this reservoir will eliminate some of the demand currently supplied by the 713-Foot pressure zone. Supply to the reservoir will be provided through the transfer pump station upgrade and supply piping projects separately listed. ASR Expansion Studies $400,000 cip year: FY 2006-07 Water CIP Fund $400,000 status: Proposed description: The City's hydrogeologist of record will assist Staff in locating potential sites for additional aquifer storage and recovery (ASR) wells. In addition, test wells must be drilled by a qualified well driller in order for the hydrogeologist to determine suitability of the well for ASR purposes. Therefore, these studies will include both consulting services and drilling services. Burnham Street - 16-inch Waterline Replacement (Tie to Street Project) $100,000 Appendix A cip year: FY 2006-07 Water Fund $50,000 status: Proposed Water SDC Fund $50,000 description: Burnham Street is a major collector and is subject for reconstruction in FY 07/08. The installation of a 16-inch main is necessary based upon the Water Distribution System Hydraulic Plan. The street project will provide a good opportunity for the water main work to be completed. Defective Meter Replacements (1 1/2 -Inch & Larger) $40,000 cip year: FY 2006-07 Water Fund $40,000 status: Yearly Program description: This has been one of the long-term projects for the Public Works Department. The large meter replacement program is for the systematic testing, repair and/or replacement of all 1 1/2-inch and larger water meters. Meters of this size have developed problems where actual water flows are inaccurately measured; most of the time, the volume of water is under-reported. The result is that water customers could be using more water than they are being assessed. Testing and or replacement of these water meters have proven to make financial sense in that the investment is recouped by the additional revenues received due to accurate meters. Defective Meter Replacements (Smaller Sizes) $15,000 cip year: FY 2006-07 Water Fund $15,000 status: Yearly Program description: This has been another one of the long-term projects for the Public Works Department and is similar to the program for 1 1/2-inch meter replacements. But this program is for the smaller meters. Meters of this size have also developed problems where actual water flows are inaccurately measured; most of the time, the volume of water is under-reported. The result is that water customers could be using more water than they are being assessed. Testing and or replacement of these water meters have proven to make financial sense in that the investment is recouped by the additional revenues received due to accurate meters. Lake Oswego Feasibility Study $130,000 cip year: FY 2006-07 Water CIP Fund $130,000 status: Proposed description: This project will involve an intergovernmental agreement (IGA) with the City of Lake Oswego to determine the feasibility of the two cities becoming partners to expand the Lake Oswego treatment plant and improve transmission lines between the two cities to enable Tigard to obtain long term water supply from Lake Oswego's system. This option will be considered by Council along with the other source options Tigard is considering. Menlor Reservoir Recirculation $45,000 cip year: FY 2006-07 Water Fund. $45,000 status: Proposed description: Menlor reservoir is developing a water quality issue in that, at certain times of the year, water does not circulate throught the reservoir thus allowing chlorine residuals to diminish to below state standards. This project will install a small circulatory pump system that will address this problem. Meter Installations $60,000 cip year: FY 2006-07 Water Fund $60,000 status: Yearly Program description: This on-going program ties in with the Water Service Installations program. When new water customers, or existing customers who need an additional water service, apply for a new service, Public Works staff install the service line and will set the new meter. Appendix A Replace Well House #2 (Gaarde Site) $70,000 cip year: FY 2006-07 Water Fund $70,000 status: Proposed description: The existing well house at Well #2 is approximately 40 years old and needs to be replaced and upgraded for security reasons. Scoggins Dam/Tualatin Water Supply $430,000 cip year: FY 2006-07 Water CIP Fund $430,000 status: Proposed description: As part of obtaining a long-term water source for the Tigard service area, the City is partnering with other Joint Water Commission (JWC) owners for the Scoggins Dam Raise feasibility report. Raising the dam would increase the storage volume of Flagg Lake and would therefore provide more capacity for JWC member cities. Secure 550' Reservoir #1 Site $3,000,000 cip year: FY 2006-07 Water CIP Fund $2,700,000 status: Proposed Water SDC Fund $300,000 descriptibn: This reservoir is shown in the City's Water System Master Plan and will be located on the north side of Bull Mountain. These funds will be used to locate and secure a suitable site. Secure 550' Reservoir #2 Site $1,200,000 cip year: FY 2006-07 Water CIP Fund $1,200,000 status: Proposed description: The Public Works Department is in the process of securing a permanent location for the 550-foot zone Reservoir No. 2. The general location of this reservoir will be near Bull Mountain Road, west of Greenfield Drive. Telemetry Upgrade $200,000 cip year: FY 2006-07 Water Fund $200,000 status: Proposed description: The existing telemetry system is out of date and the software and hardware are no longer supported by the manufacturer or local representatives. The City has also experienced failures of controllers at various sites due to the aging of the overall system. Replacement of controllers can take up to three weeks, which is not adequate for the City's need to have continuous monitoring ability of the water system. The upgrade process will enable the City to have up to date technology that is more user friendly, and to explore modes of communication other than the phone line system currently used. Funds for 06/07 would only be used if the project is not 100% complete by June 30, 2006. Walnut Street (121st to Tiedeman) Relocate 12-Inch Line w/Street Construction $39,000 cip year: FY 2006-07 Water Fund $39,000 status: Proposed description: This project is in conjunction with the Walnut Street improvements to be completed by Washington County and the City over the next two years. Due to grade and alignment issues the existing 12" water line needs to be upgraded. Water Line Replacement-Walnut (135th to 121st) $44,720 Appendix A cip year: FY 2006-07 Water Fund $22,360 status: Under Construction Water SDC Fund $22,360 description: This project is in conjunction with the Walnut Street improvments to be jointly completed by Washington County and the City. Funds for this year would only be used if the street project were not 100% complete by June 30, 2006. Water Main Oversizing $95,000 cip year: FY 2006-07 Water SDC Fund $95,000 status: Yearly Program description: During the course of the year the City may find the need to upsize a planned pipeline through a new development; thus accomplishing an identified capital improvement as listed in the "Water Distribution System Hydraulic Study - May 2000." Water Main Replacements $78,750 cip year: FY 2006-07 Water Fund $78,750 status: Yearly Program description: This on-going program is based on the needs identified in the "Water Distribution System Hydraulic Study - May 2000", and is for the routine replacement of leaking, damaged and older water mains throughout the water system. In most cases the existing mains have adequate capacity and will be replaced with the same diameter water mains. This program is also for the completion of loops in the system to maintain hydraulic efficiencies. Water Reservoir Seismic Upgrade Evaluation $70,000 cip year: FY 2006-07 Water Fund $70,000 status: Proposed description: This is the beginning of an expected two-year program that will review all of Tigard's water reservoirs for conformity to current seismic standards and recommend upgrades where needed. Water Service Installations $10,000 cip year: FY 2006-07 Water Fund .$10,000 status: Yearly Program description: This is another long-term program for the department. Each year the City adds new customers to the system through individual building permits or additional water services. Customers apply for a new water service, and Public Works staff installs the service line and will set the meter (see Meter Installations line item). Water Site Security Upgrades $75,000 cip year: FY 2006-07 Water Fund $75,000 status: Proposed description: This project will accomplish the water site security upgrades that were identified in the PW Vulnerability Assessment and Emergency Response Plan. The security upgrades will include improvements to such things as access, fencing, intrusion alarms, and monitoring. Appendix A APPENDIX B Five-Year Community Investment Program Plan (FY 2006-07 through FY 2010-11) City of Tigard Five-Year Community Investment Program Plan (FY 2006-07 through FY 2010-11) Community Investment Program The City's Community Investment Program (CIP) consists of capital improvements that result in permanent additions to the City's fixed assets. These capital improvements are typically of major importance and cost. They include but are not limited to construction and acquisition of new buildings, additions to or renovations of existing buildings, construction, reconstruction, and upgrading of streets, water, and sanitary sewer facilities, drainage improvements, demolition of existing structures, land purchases, major equipment purchases, and studies necessary to perform the actual project. A capital improvement should possess the following characteristics: • It serves an essential public purpose. • It has a long, useful life or significantly extends the useful life of an existing fixed asset. • It is comparatively expensive and is not of routine nature. • It is fixed in place or stationary. • It is related to government functions and expenditures. • It is a usual responsibility of a local government. The. City of Tigard's Five-Year Community Investment Program Plan The City of Tigard's CIP provides a five-year plan for major capital expenditures that matches available resources with project needs. The CIP lists each proposed capital project, the time frame in which the project needs to be undertaken, the financial requirements of the project, and proposed methods of financing. The five-year plan describes the first year's projects in detail and lists projects for subsequent fiscal years. However, the projects shown after the first year are tentative and are subject to change during the formulation process for each specific budget year. The CIP is reviewed and approved each year by the City Council. The program is developed through a process separate from the City's Operating Budget formulation Appendix B The Five-Year Community Investment Program Plan Page 1 of 2 process. It is developed in close coordination with the City's Finance Director and is formulated early in the fiscal year so that it can be integrated into the City's overall budget process for approval. The program submitted to the City's Budget Committee, Planning Commission and City Council is a five-year program with the first year's program described in detail. While the program lists projects for subsequent fiscal years, the projects shown are tentative and are subject to change during the formulation process for each specific budget year. The CIP, through the adoption process, establishes the budget and projects for the upcoming fiscal year and serves as a planning document to guide the infrastructure improvements over the following four years. During each budget year's update, the revenue estimates are adjusted, the project cost estimates are reviewed, and the program and project priorities are re-evaluated based on changes in City plans, citizen input, and additional data which may become available. The Five-Year Community Investment Program projects are shown in the following appendices: ♦ Appendix B-1: City Facilities System Program ♦ Appendix B-2: Parks System Program ♦ Appendix B-3: Sanitary Sewer System Program ♦ Appendix B-4: Street System Program ♦ Appendix B-5: Storm Drainage System Program ♦ Appendix B-6: Water System Program lAang\gus\2006.07 cip\appendix b - five-year capital improvement program ty 2006.11.doc Appendix B The Five-Year Community Investment Program Plan Page 2 of 2 City Facilities System Program FY 06-07 Fund Name Project Name Facility Fund Grand Total City Facility Security Upgrades $ 10,000 $ 10,000 Commuter Rail Station Enhancement $ 100,000 $ 100,000 Audio/Visual Control System for Council Chambers $ 83,000 $ 83,000 Card Reader Installation $ 18,500 $ 18,500 Library Parking Lot Expansion $ 180,000 $ 180,000 Library Projects - Houghton- Root Donations $ 427,697 $ 427,697 Library Property - Voluntary Cleanup $ 75,000 $ 75,000 Citywide Facility Analysis $ 50,000 $ 50,000 Outside Entrance to PC-4 Conference Room $ 15,000 $ 15,000 PD Underground Storage Tank Upgrade $ 40,000 $ 40,000 Police & Records Storage Remodel $ 15,000 $ 15,000 Senior Center Remodel & Seismic Upgrade $ 200,000 $ 200,000 $ 1,214,197 $ 1,214,197 City Facilities System Program FY 07-08 Fund Name Project Name Facility Fund Grand Total Miscellaneous City Facilities Projects $ 100,000 $ 100,000 Repaint City Hall, Permit Center and Police Dept. $ 40,000 $ 40,000 City Facility Security Upgrades $ 10,000 $ 10,000 Police & Records Storage Remodel $ 150,000 $ 150,000 Senior Center Remodel and Seismic Upgrade $ 1,050,000 $ 1,050,000 Water Building UST Decommission $ 45,000 $ 45,000 Grand Total $ 1,395,000 $ 1,395,000 City Facilities System Program FY 08-09 Fund Name Project Name Facility Fund Grand Total Demolition of Surplus Public Works Facilities $ 50,000 $ 50,000 Miscellaneous City Facilities Projects $ 100,000 $ 100,000 City Facility Security Upgrades $ 10,000 $ 10,000 Grand Total $ 160,000 $ 160,000 Appendix B-1 City Facilities System Program FY 09-10 Fund Name Project Name Facility Fund Grand Total City Facility Security Upgrades $ 10,000 $ 10,000 Miscellaneous City Facilities Projects $ 100,000 $ 100,000 Grand Total $ 110,000 $ 110,000 City Facilities System Program FY 10-11 0 Fund Name Project Name Facility Fund Grand Total City Facility Security Upgrades $ 10,000 $ 10,000 Miscellaneous City Facilities Projects $ 100,000 $ 100,000 Grand Total $ 110,000 $ 110,000 Appendix B-1 Parks System Program FY 06-07 Tree Replacement/Planting $ 50,000 50,000 Washington Square Regional Center Trail 430;020 430,020 BPA Trail Feasibility Study . 15,000 15,000 Clute Property House Demolition 15,000 15,000 Fanno Creek Trail (Hall to Fanno Creek) 30,000 30,000 Park Signs 50,000 50,000 Park Land Acquisitions & Development 1,159,026 1,159,026 Northview Park - Shelter & Path Installation 25,000 25,000 Skate Park Development & Construction 426,300 426,300 Tualatin River/Cook Park Trail from Garden to Bridge 97,530 97,530 Fanno Creek Master Plan 60,000 60,000 Park Land Acquisition - Downtown 100,000 100,000 Grand Total $ 2,457,876 $ 2,457,876 Parks System Program FY 07-08 Fund Name Parks Capital Project Name Fund Grand Total Tree Re lacement/Planting $ 50,000 $ 50,000 Grand Total $ 50,000 $ 50,000 Parks System Program FY 08-09 Fund Name Parks Capital Project Name Fund Grand Total Tree Replacement/Planting $ 50,000 $ 50,000 Grand Total $ 50,000 $ 50,000 Appendix B-2 Parks System Program FY 09-10 Fund Name Parks Capital Project Name Fund Grand Total Tree Replacement/Planting $ 50,000 $ 50,000 Neighborhood Park Near Templeton Elem. School $ 400,000 $ 400,000 Grand Total $ 450,000 $ 450,000 Parks System Program FY 10-11 Fund Name Parks Capital Project Name Fund Grand Total Tree Replacement/Planting $ 50,000 $ 50,000 Grand Total $ 50,000 $ 50,000 Appendix B-2 Sanitary Sewer System Program FY 06-07 Fund Name Project Name Facility Fund Grand Total Benchview Terrace Sanitary Sewer Access Road $ 60,000 $ 60,000 Sanitary Sewer Major Maintenance $ 100,000 $ 100,000 Citywide Sanitary Sewer Extension Program $ 2,000,000 $ 2,000,000 Bonita Rd at Milton Ct - Pipe Removal $ 30,000 $ 30,000 79th Ave Sanitary Sewer Outfall $ 80,000 $ 80,000 Commercial Street Sanitary Sewer Upgrades (Lincoln to Main St) $ 50,000 $ 50,000 Hall Boulevard (at McDonald St) Sanitary Sewer Connection $ 100,000 $ 100,000 Red Rock Creek Santiary Sewer Repair $ 50,000 $ 50,000 Sanitary Sewer Master Plan $ 50,000 $ 50,000 Grand Total $ 2,520,000 $ 2,520,000 Sanitary Sewer System Program FY 07-08 Fund Name Sanitary Sewer Grand Total Project Name Fund Sanitary Sewer Major Maintenance Program $ 100,000 $ 100,000 Citywide Sanitary sewer Extension Program $ 1,000,000 $ 1,000,000 68th Parkway Sanitary Sewer Repair $ 50,000 $ 50,000 79th Avenue Sanitary Sewer Outfall $ 50,000 $ 50,000 Commercial St Sanitary Sewer Extension (95th to Lincoln) $ 75,000 $ 75,000 Grand Total $ 1,275,000 $ 1,275,000 Sanitary Sewer System Program FY 08-09 Fund Name Project Name Sanitary Sewer Grand Total Citywide Sanitary Sewer Extension Program $ 750,000 $ 750,000 Sanitary Sewer Major Maintenance $ 100,000 $ 100,000 Grant St Sanitary Sewer $ 250,000 $ 250,000 Grand Total $ 1,100,000 $ 1,100,000 Appendix B-3 Sanitary Sewer System Program FY 09-10 Fund Name Sanitary Sewer Project Name Fund Grand Total Sanitary Sewer Major Maintenance $ 100,000 $ 100,000 Citywide Sanitary Sewer Extension $ 500,000 $ 500,000 Highway 217 Sanitary Sewer Upgrade $ 500,000 $ 500,000 Grand Total $ 1,100,000 $ 1,100,000 Sanitary Sewer System Program FY 10-11 Fund Name Sanitary Sewer Project Name Fund Grand Total Sanitary Sewer Major Maintenance $ 100,000 $ 100,000 Hunziker Sanitary Sewer Upgrade $ 500,000 $ 500,000 Grand Total $ 600,000 $ 600,000 Appendix B-3 Street System Program FY 06-07 Fund Name Traffic Impact Street Fee Fund - Tigard Maintenance Traffic Impact Urban Triangle LID # Project Name Gas Tax Fund Fee (SMF) Fee Fund Services 1 Fund Grand Total Bull Mountain/Roshak Road Intersection $ - $ 100,000 $ 100,000 Pavement Major Maintenance Program (PMMP) $ 210,000 $ 950,000 $ 1,160,000 Sidewalk Improvements $ 100,000 $ 100,000 72nd Avenue/Dartmouth Street Intersection Signalization $ 275,000 $ 300,000 $ 575,000 Bull Mountain Road (at Hwy 99W) Right-Turn Lane Widening $ 75,000 $ 75,000 Downtown Comprehensive Streetscape Design $ 50,000 $ 50,000 Durham Road/108th Ave Intersection Signalization $ 200,000 $ 200,000 Hall Boulevard (at McDonald Street) Right-turn Lane Widening $ 125,000 $ 125,000 Hall Boulevard Crosswalk (at Fanno Creek Pathway) $ 80,000 $ 80,000 Hall Boulevard Sidewalk (Spruce St to 850' south) $ 150,000 $ 150,000 Hall Boulevard/Wall Street Intersection - Phase 2 $ 700,000 $ 700,000 Walnut Street Improvement (135th to 121 st Avenue) $ 20,000 $ 20,000 Ash Ave Connection Feasibility Study (Fanno Crk to Scoffins St.) $ 40,000 $ 40,000 Ash Ave Construction (Burnham St to Railroad Tracks) $ 300,000 $ 300,000 Burnham Street Improvements $ 950,000 $ 950,000 Commercial St (at Main Street (Intersection Treatments) $ 75,000 $ 75,000 Commercial St Improvements (Lincoln Ave to Main St) $ 400,000 $ 400,000 Hall Blvd and Highway 99W Gateway Treatments $ 75,000 75,000 Hall Blvd half-street Improvement (Fanno Crk to 450 ft north) $ 150,000 $ 150,000 Highway 99W Corridor Improvement & Management Plan $ 20,000 $ 20,000 Main Street Safety Improvements $ 75,000 $ 75,000 Tigard Triangle Street Improvement LID No. 1 1,750,000 $ 1,750,000 Traffic Improvement Analysis - Greenburg Rd/Tiedeman Ave North Dakota St/Tigard St Area $ 25,000 $ 25,000 $ 50,000 Walnut St (116th to Tiedeman Ave) ROW Acquisition $ 40,000 $ 40,000 Traffic Signal Installation at Tigard & Main $ 30,000 $ 30,000 Grand Total $ 2,885,000 $ 950,000 $ 1,530,000 $ 175,000 $ 1,750,000 $ 7,290,000 Appendix B-4 Street System Program FY 07-08 Fund Name Street Traffic Impact Maintenance Traffic Impact Fee Fund - Project Name. Gas Tax Fund Fee (SMF) Fee Fund Urban Services Grand Total Sidewalk Improvements $ 100,000 $ - $ - $ - $ 100,000 PMMP (Pavement Major Maintenance Program) $ = $ 775,000 $ - $ - $ 775,000 72nd Ave/Dartmouth St Intersection $ - $ - $ 100,000 $ - $ 100,000 City/County Joint Projects $ - $ - $ - $ 150,000 $ 150,000 Greenburg Rd (Washington Sq Dr to Tiedeman Ave)(MTIP grant $660,000) $ - $ - $ 330,000 $ - $ 330,000 Hall Blvd (at McDonald) Right-turn Lane $ - $ - $ 75,000 $ - $ 75,000 Hall Blvd/Wall St Intersection - Phase 2 $ - $ - $ 15,000 $ - $ 15,000 Ash Avenue Construction (Burnham Street to Railroad Tracks) $ 70,000 $ - $ - $ - $ 70,000 Burnham Street Improvements $ 800,000 $ - $ 1,100,000 $ - $ 1,900,000 Burnham Street/Hall Blvd Gateway Treatments $ 60,000 $ - $ - $ - $ 60,000 Hall Blvd. half-street Improvements (Fanno Creek to 450 feet north) $ - $ - $ 100,000 $ - $ 100,000 Main/Tigard Street Intersection Signalization $ - $ - $ 175,000 $ - $ 175,000 Grand Total $ 1,030,000 $ 775,000 $ 1,895,000 $ 150,000 $ 3,850,000 Street System Program FY 08-09 Fund Name Traffic Impact Street Fee Fund - Maintenance Traffic Impact Urban Underground Project Name Gas Tax Fund Fee (SMF) Fee Fund Services Utility Fund Grand Total Sidewalk Improvements $ 75,000 $ - $ - $ - $ - $ 75,000 PMMP (Pavement Major Maintenance Program) $ - $ 625,000 $ - $ - $ - $ 625,000 Scoffin/Hall/Hunziker Intersection Realignment - Design $ - $ - $ 100,000 $ - $ - $ 100,000 Greenburg Rd (Washington Sq Dr to Tiedeman Ave)(MTIP grant $660,000) $ - $ - $ 330,000 $ - $ - $ 330,000 Hall Blvd/Wall St Intersection - Phase 2 $ - $ - $ 15,000 $ - $ - $ 15,000 Joint Projects between Washington County & City $ - $ - $ - $ 200,000 $ - $ 200,000 North Dakota (Greenburg to 95th) Construction $ 100,000 $ 100,000 $ - $ - $ - $ 200,000 Sattler Rd (96th Ave) Crosswalk Lights $ 65,000 $ - $ - $ - $ - $ 65,000 Main Street/Fanno Creek Trail Intersection Treatments $ 75,000 $ - $ - $ - $ - $ 75,000 Main Street/Hwy 99W Gateway Treatments $ 120,000 $ - $ - $ - $ - $ 120,000 Walnut Street Reconstruction (116th to Tiedeman Ave) $ - $ - $ 1,700,000 $ - $ 200,000 $ 1,900,000 Grand Total $ 435,000 $ 725,000 $ 2,145,000 $ 200,000 $ 200,000 $ 3,705,000 Appendix B-4 Street System Program FY 09-10 Fund Name Street Traffic Impact Maintenance Traffic Impact Fee Fund - Project Name Gas Tax Fund Fee (SMF) Fee Fund Urban Services Grand Total Pavement Major Maintenance Program (PMMP) $ - $ 525,000 $ - $ - $ 525,000 Sidewalk Improvements $ 100,000 $ - $ - $ - $ 100,000 Hall Blvd/Wall St Intersection - Phase 2 $ - $ - $ 10,000 $ $ 10,000 Joint Projects between Washington County & City $ - $ - $ - $ 250,000 $ 250,000 North Dakota (Greenburg to 95th Ave) Reconstruction $ 250,000 $ - $ - $ - $ 250,000 Walnut Street (135th to 121st Ave) $ - $ 150,000 $ - $ - $ 150,000 Grand Total $ 350,000 $ 675,000 $ 10,000 $ 250,000 $ 1,285,000 Street System Program FY 10-11 Fund Name Street Traffic Impact Maintenance Traffic Impact Fee Fund - Project Name Gas Tax Fund Fee (SMF) Fee Fund Urban Services Grand Total Pavement Major Maintenance Program (PMMP) $ - $ 675,000 $ - $ - $ 675,000 Sidewalk Improvements $ 75,000 $ - $ - $ - $ 75,000 Hall Blvd/Wall St Intersection - Phase 2 $ - $ - $ 10,000 $ - $ 10,000 Joint Projects between Washington County & City $ - $ - $ - $ 250,000 $ 250,000 121 Ave (Gaarde to Walnut Street) $ - $ - $ 200,000 $ - $ 200,000 Greenburg Rd (Washington Sq Dr to Tiedeman Ave)(MTIP grant $660,000) $ - $ - $ 3,700,000 $ - $ 3,700,000 Grand Total $ 75,000 $ 675,000 $ 3,910,000 $ 250,000 $ 4,910,000 Appendix B-4 Storm Drainage System Program FY 06-07 Fund Name Water Quality/ Stormwater Project Name Quantity Fund Fund Grand Total Derry Dell Creek Wetland & Vegetated Corridor Enhancement $ 3,000 $ 3,000 Gaarde Street Phase II Wetland Mitigation $ 3,000 $ 3,000 Storm Drainage Major Maintenance $ 100,000 $ 100,000 79th Avenue Storm Drainage Outfall $ 90,000 $ 90,000 Durham Road at 108th Ave - Stream Bank Stabilization $ 150,000 $ 150,000 Highland Dr (109th Ave to 500' west of GreensWay) Pipe Replace $ 25,000 $ 25,000 Pine Street Storm Drainage System Upgrade $ 95,000 $ 95,000 Water Quality Enhancement $ 25,000 $ 25,000 Hiteon Creek Riparian Enhancement - Phase 2 Construction $ 90,000 $ 90,000 Red Rock Creek (at Dartmouth St) Culvert Replacement $ 100,000 $ 100,000 Derry Dell Creek at Fanno Creek & Walnut St - Culvert Imp. $ 125,000 $ 125,000 $ 340,000 $ 466,000 $ 806,000 Storm Drainage System Program FY 07-08 Fund Name Water Quality/ Stormwater Grand Total Project Name Quantity Fund Fund Derry Dell Creek Wetland & Vegetated Corridor Enhancement $ - $ 3,000 $ 3,000 Gaarde Street Phase 2 Wetland Mitigation $ - $ 3,000 $ 3,000 Storm Drainage Major Maintenance Program $ . - $ 100,000 $ 100,000 79th Ave Storm Drainage Outfall $ - $ 30,000 $ 30,000 Cascade Ave Storm Drain Overflow $ - $ 100,000 $ 100,000 Commercial St Culvert Replacement at Transit Center Site $ - $ 50,000 $ 50,000 Derry Dell Creek at Fanno Creek & Walnut St - Culvert Improvement $ 375,000 $ - $ 375,000 Derry Dell Creek Tree Planting $ 15,000 $ - $ 15,000 Hiteon Creek Tree Planting $ - $ 10,000 $ 10,000 Red Rock Creek (at 72nd Ave) Culvert Replacement $ 75,000 $ - $ 75,000 Stormwater Outfall Retrofits $ 90,000 $ - $ 90,000 Grand Total $ 555,000 $ 296,000 $ 851,000 Appendix B-5 Storm Drainage System Program FY 08-09 Fund Name Water Quality/ Stormwater Grand Total Quantity Fund Fund Project Name Storm Drainage Major Maintenance Program $ - $ 100,000 $ 100,000 Water Quality Enhancement $ 25,000 $ - $ 25,000 Cascade Ave Storm Drain Overflow $ - $ 100,000 $ 100,000 Commercial St Culvert Replacement $ - $ 50,000 $ 50,000 Community Tree Planting $ 85,000 $ - $ 0 85,000 Culvert Replacements $ 130,000 $ - $ 130,000 Red Rock Creek (at 72nd) Culvert Replacement $ 125,000 $ - $ 125,000 Riparian Restoration and Enhancement $ 50,000 $ - $ 50,000 Stormwater Outfall Retrofits $ 90,000 $ - $ 90,000 Grand Total $ 505,000 $ 250,000 $ 755,000 Storm Drainage System Program FY 09-10 Fund Name Water Quality/ Stormwater Project Name Quantity Fund Fund Grand Total . Water Quality Enhancement $ 25,000 $ - $ 25,000 Storm Drainage Major Maintenance $ - $ 100,000 $ 100,000 Community Tree Planting $ 85,000 $ - $ 85,000 Culvert Replacement $ 130,000 $ - $ 130,000 Riparian Restoration and Enhancement $ 50,000 $ - $ 50,000 Stormwater Outfall Retrofits $ 90,000 $ - $ 90,000 Grand Total $ 380,000 $ 100,000 $ 480,000 Appendix B-5 Storm Drainage System Program FY 10-11 Fund Name Water Quality/ Stormwater Project Name Quantity Fund Fund Grand Total Storm Drainage Major Maintenance $ - $ 100,000 $ 100,000 Community Tree Planting $ 85,000 $ - $ 85,000 Stormwater Outfall Retrofits $ 90,000 $ - $ 90,000 Grand Total $ 175,000 $ 100,000 $ 275,000 Appendix B-5 Water System Program FY 06-07 Fund Name Water CIP Water SDC Project Name Fund Water Fund Fund Grand Total Defective Meter Replacements (Smaller Sizes) $ - $ 15,000 $ - $ 15,000 Meter Installations $ - $ 60,000 $ - $ 60,000 Telemetry Upgrade $ - $ 200,000 $ - $ 200,000 Water Main Replacements $ - $ 78,750 $ - $ 78,750 Water Service Installations $ - $ 10,000 $ - $ 10,000 Replace Well House #2 (Gaarde Site) $ - $ 70,000 $ - $ 70,000 Walnut Street (121st to Tiedeman) Relocate 12-Inch Line w/Street Construction $ - $ 39,000 $ - $ 39,000 Water Main Oversizing $ - $ - $ 95,000 $ 95,000 Water Reservoir Seismic Upgrade Evaluation $ - $ 70,000 $ - $ 70,000 550' Zone Beaverton Connection $ - $ 84,000 $ 116,000 $ 200,000 Defective Meter Replacements (1 1/2 -Inch & Larger) $ - $ 40,000 $ - $ 40,000 Scoggins Dam/Tualatin Water Supply $ 430,000 $ - $ - $ 430,000 550' Zone Improvements: 10 MG transfer pump station upgrade $ 50,000 $ - $ - $ 50,000 550' Zone Improvements: Reservoir No. 2 Supply Lines $ 200,000 $ - $ - $ 200,000 550' Zone Reservoir No. 2 $ 500,000 $ - $ - $ 500,000 ASR Expansion Studies $ 400,000 $ - $ - $ 400,000 Burnham Street - 16-inch Waterline Replacement (Tie to Street Project) $ - $ 50,000 $ 50,000 $ 100,000 Lake Oswego Feasibility Study $ 130,000 $ - $ - $ 130,000 Menlor Reservoir Recirculation $ - $ 45,000 $ - $ 45,000 Secure 550' Reservoir #1 Site $ 2,700,000 $ - $ 300,000 $ 3,000,000 Secure 550' Reservoir #2 Site $ 1,200,000 $ - $ - $ 1,200,000 Water Line Replacement-Walnut (135th to 121st) $ - $ 22,360 $ 22,360 $ 44,720 Water Site Security Upgrades $ - $ 75,000 $ - $ 75,000 High Tor Pump Station Rebuild $ 300,000 $ - $ - $ 300,000 SDC Methodology Update $ - $ - $ 25,000 $ 25,000 Grand Total $ 5,910,000 $ 859,110 $ 608,360 $ 7,377,470 Appendix B-6 Water System Program FY 07-08 Fund Name Water CIP Water SDC Project Name Fund Water Fund Fund Grand Total Defective Meter Replacements (Smaller Sizes) $ - $ 15,000 $ - $ 15,000 Meter Installations $ - $ 60,000 $ - $ . 60,000 Water Main Replacements $ - $ 78,750 $ - $ 78,750 Water Service Installations $ - $ 10,000 $ - $ 10,000 Water Main Oversizing $ - $ - $ 75,000 $ 75,000 Water Reservoir Seismic Upgrade Evaluation $ - $ 70,000 $ - $ 70,000 Defective Meter Replacements (1 1/2 -Inch & Larger) $ - $ 40,000 $ - $ 40,000 JWC Raw Water Pipeline $ 528,020 $ - $ - $ 528,020 Scoggins Dam/Tualatin Water Supply $ 620,000 $ - $ - $ 620,000 550' Zone Improvements: 10 MG transfer pump station upgrades $ 1,600,000 $ - $ - $ 1,600,000 550' Zone Improvements: Reservoir No. 2 $ 2,550,000 $ - $ - $ 2,550,000 550' Zone Improvements: Reservoir No. 2 Supply Lines $ 1,000,000 $ - $ - $ 1,000,000 ASR 1: Energy Saving Upgrades $ - $ 50,000 $ - $ 50,000 ASR 3 $ 1,000,000 $ - $ - $ 1,000,000 ASR Expansion Studies $ 400,000 $ - $ - $ 400,000 Burnham Street - 16-inch Waterline Replacement (Tie to Street Project) $ - $ 130,000 $ 130,000 $ 260,000 On-site Chlorine Generation at ASR #1 $ - $ 80,000 $ - $ 80,000 Water Site Security Upgrades $ - $ 50,000 $ - $ 50,000 Grand Total $ 7,698,020 $ 583,750 $ 205,000 $ 8,486,770 Appendix B-6 Water System Program FY 08-09 Fund Name Water CIP Water SDC Project Name Fund Water Fund Fund Grand Total Meter Installations $ - $ 60,000 $ - $ 60,000 Water Main Replacements $ - $ 78,750 $ 78,750 Water Service Installations $ - $ 10,000 $ - $ 10,000 Water Main Oversizing $ - $ - $ 75,000 $ 75,000 JWC Raw Water Pipeline $ 1,402,553 $ - $ - $ 1,402,553 Defective Meter Replacements $ - $ 15,000 $ - $ 15,000 Defective Meter Replacements (1 1/2 inch & Larger) $ - $ 40,000 $ - $ 40,000 Scoggins Dam/Tualatin Water Supply $ 640,000 $ - $ - $ 640,000 550' Zone 12" Canterbury Loop $ 600,000 $ - $ - $ 600,000 550' Zone 18" Canterbury Supply Line $ 800,000 $ - $ - $ 800,000 550' Zone Improvements: 10 MG transfer pump station upgrades $ 401,000 $ - $ - $ 401,000 550' Zone Improvements: Reservoir No. 2 $ 2,000,000 $ - $ - $ 2,000,000 550' Zone Improvements: Reservoir No. 2 Supply Lines $ 200,000 $ - $ - $ 200,000 ASR 3 $ 300,000 $ - $ - $ 300,000 Burnham Street - 16-inch Waterline Replacement (Tie to Street Projec $ - $ 50,000 $ 50,000 $ 100,000 Walnut Street (121st to Tiedeman): Relocate 12-inch Waterline $ - $ 116,000 $ - $ 116,000 Grand Total $ 6,343,553 $ 369,750 $ 125,000 $ 6,838,303 Appendix B-6 Water System Program FY 09-10 Fund Name Water CIP Water SDC Project Name Fund Water Fund Fund Grand Total Defective Meter Replacements (Smaller Sizes) $ - $ 15,000 $ - $ 15,000 Meter Installations $ - $ 60,000 $ - $ 60,000 Water Main Replacements $ - $ 78,750 $ - $ 78,750 Water Service Installations $ - $ 10,000 $ - $ 10,000 Defective Meter Replacements (1 1/2-inch & 'Larger) $ - $ 40,000 $ - $ 40,000 Water Main Oversizing $ - $ - $ 75,000 $ 75,000 JWC Raw Water Pipeline $ 2,970,112 $ - $ - $ 2,970,112 Scoggins Dam/Tualatin Water Supply $ 658,000 $ - $ - $ 658,000 550' Reservoir No. 1 $ 200,000 $ - $ - $ 200,000 550' Zone 12" Canterbury Loop $ 120,000 $ - $ - $ 120,000 550' Zone 18" Canterbury Supply Line $ 300,000 $ - $ - $ 300,000 ASR 4 $ 1,000,000 $ - $ - $ 1,000,000 Main Line Improvements from Beaverton 550' Connection $ - $ 84,000 $ 116,000 $ 200,000 Walnut Street (121st to Tiedeman): Relocate 12-inch Waterline $ - $ 39,000 $ - $ 39,000 Grand Total $ 5,248,112 $ 326,750 $ 191,000 $ 5,765,862 Water System Program FY 10-11 Fund Name Water CIP Water SDC Project Name Fund Water Fund Fund Grand Total Defective Meter Replacements (Smaller Sizes) $ - $ 15,000 $ - $ 15,000 Meter Installations $ - $ 60,000 $ - $ 60,000 Water Main Replacements $ - $ 78,750 $ - $ 78,750 Water Service Installations $ - $ 10,000 $ - $ 10,000 Defective Meter Replacements (1 1/2-inch & Larger) $ - $ 40,000 $ - $ 40,000 Water Main Oversizing $ - $ - $ 75,000 $ 75,000 JWC Raw Water Pipeline $ 2,970,112 $ - $ - $ 2,970,112 Scoggins Dam/Tualatin Water Supply $ 1,016,000 $ - $ - $ 1,016,000 550' Reservoir No. 1 $ 2,000,000 $ - $ - $ 2,000,000 ASR 4 $ 300,000 $ - $ - _ $ 300,000 Main Line Improvements from Beaverton 550' Connection $ - $ 84,000 $ 116,000 $ 200,000 Grand Total $ 6,286,112 $ 287,750 $ 191,000 $ 6,764,862 Appendix B-6 FIVE YEAR COMMUNITY INVESTMENT PROGRAM UNFUNDED SYSTEM PROGRAM PROJECTS Category Total Unfunded Project Project Cost Cost Park System Program Purchase & Develop 2.74 acres Neighborhood Park Site (FY 2007-08)* $1,123,400 $1,123,400 Purchase & Develop 3-acre Neighborhood Park Site (FY 2007-08)* 1,230,000 1,230,000 . Purchase & Develop 3-acre Neighborhood Park Site (FY 2008-09)* 1,230,000 1,230,000 Purchase & Develop 3-acre Neighborhood Park Site (FY 2008-09) 750,000 450,750 Purchase & Develop 3-acre Neighborhood Park Site (FY 2009-10)* 1,230,000 1,230,000 Purchase & Develop 3-acre Neighborhood Park Site (FY 2009-10) 750,000 450,750 Purchase & Develop 3-acre Neighborhood Park Site (FY 2010-11)* 1,230,000 1,230,000 Purchase & Develop 3-acre Neighborhood Park Site (FY 2010-11) 750,000 450,750 Purchase & Develop 20-acre Community Park (FY 2010-11) 3,800,000 1,740,400 Purchase & Develop 5.1 miles of trails (FY 2010-11) Z657,200 2.054.00 Parks System Program Subtotal $14,750,600 $11,190,050 *These projects are not SDC eligible as they will be built within existing neighborhoods. SDCs may, only be used for growth and not for deficiencies in the current park inventory. Therefore, they must be fully funded by non-SDC revenues, which have not been identified. Storm Drainage System Program Culvert Replacement (three per year for nest five years) $1,350,000 $830,000 Outfall Replacement or Upgrade (1 to 2 per year for next five years) 630,000 180,000 Storm Drainage System Program Subtotal $1,980,000 $1,010,000 Streets System Program Collectors and Arterials Walnut Street -Tiedeman to 121st $1,800,000 $1,800,000 121 st Avenue - Quail Creek Lane to Walnut 2,000,000 2,000,000 121 st Avenue - Walnut to North Dakota 2,000,000 2,000,000 Tiedeman Ave. - Greenburg to Tigard St 900,000 900,000 Greenburg Road Improvements (Shady Lane to Tiedeman Avenue) 5,000,000 5,000,000 Hall Blvd/Scoffins/Hunziker Intersection Realignment 2,000,000 2,000,000 Bull Mountain Road/Highway 99W Improvements 500,000 500,000 GreenburgRoad/Highway 99W/Main Street Intersection Improvements 3,500,000 3,500,000 Beef Bend Road/Highway 99W Improvements 500,000 500,000 72nd Avenue - Hampton to Dartmouth 2,500,000 2,500,000 72nd Avenue - Dartmouth to Highway 99W 2,600,000 2,600,000 68th Avenue/Dartmouth Signalization (Excluding Street Improvements) 200,000 200,000 Collectors and Arterials Subtotal $23,500,000 $x23,500,000 Neighborhood Routes Fortner Street -Walnut to 115th Avenue $1,800,000 $1,800,000 Tigard Street-Main to Tiedeman (south side) 1,200,000. 1,200,000 79th Avenue - Bonita Road to Durham Road 3,000,000 3,000,000 98th Avenue - Greenburg Road to Pihas Court 300,000 300,000 North Dakota Street (Greenberg Road to 95th Avenue) 200,000 200,000 Neighborhood Routes Subtotal $6,500,000 $6,500,000 Street System Program Subtotal $30,000,000 $30,000,000 Unfunded System Program Projects Total $46,730,600 $42,200,050 Appendix C FY 2006-07 Formulation Process Community Investment Program • Citywide meeting (December 7, 2005) • 2nd Citywide meeting (January 25, 2006) • Planning Commission input (March 6, 2006) June 13, 2006 • City Council input (March 21, 2006) • Budget Committee (May 8, 2006) • Planning Commission (May 15, 2006) • City Council (June 13, 2006) 2 Program Areas Projects for FY 2006-07 • City Facilities System Program Continue improvement of the Tigard downtown • Parks System Program Complete the Highway 99W Corridor • Sanitary Sewer System Program Improvement and Management Plan • Street System Program Continue to implement the Street • Storm Drainage System Program Maintenance Fee funded projects • Water System Program Signalize two major intersections 3 4 Projects for FY 2006-07 Projects for FY 2006-07 • Construct the Wall Street approach to Hall Acquire park property as open space or for Boulevard to provide joint access for the park development library and Fanno Pointe Design and construct trail projects • Construct improvements to Hall Blvd Design and construct a skate park • Expand the library parking lot Implement water system improvements • Continue with the Citywide Sewer Extension aimed at improved delivery and adequate Program projects water supply • Implement planned Parks projects Review City facility requirements 5 6. 1 Final Project Lists Staff Recommendation • Include input from - Citizens • Approve the FY 2006-07 Community - Planning Commission Investment Program - Budget Committee • FY 2006-07 CIP becomes effective July 1, - City Council 2006 • Incorporate all changes directed 8 2 AGENDA ITEM No. 6 Date: June 13, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Approve the Fiscal Year 2006-07 Community Investment Program This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM NO.6 r This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Agenda Item # Meeting Date June 13, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES Prepared By: Robert Sesnon Dept Head Okays City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Shall the City Council approve a resolution certifying that the City of Tigard provides certain services making the City eligible to receive state shared revenues? STAFF RECOMMENDATION Staff recommends approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY The City has estimated the receipt of the following state shared revenues: FY 2006-07 FY 2005-06 Cigarette Tax $75,000 $81,115 Liquor Tax $451,360 $409,675 State Gas Tax $2,208,000 $2,232,900 The State of Oregon requires the City to certify its eligibility to receive these revenues by stating that it provides more than four of the services listed in ORS 221.760. The City does provide a sufficient number of required services and is 6ierefore eligible for receiving the state shared revenues. The services the City provides include police services; street construction, maintenance, and lighting; sanitary sewer and storm water management; planning, zoning, and subdivision control; and water utility. Approval of the attached resolution will meet the State of Oregon requirement of certification. OTHER ALTERNATIVES CONSIDERED Not accept the revenues from the State of Oregon COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT e Acceptance of these revenues will assist in the funding of City goals and strategies. ATTACHMENT LIST Certifying resolution. FISCAL NOTES Approval of the resolution would secure an estimated $2,734,360 in revenue for the City. AGENDA ITEM No. 7 Date: June 13, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Consider a Resolution Certifying the City Provides Services Qualifying for State Shared Revenues This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. iAadmkathy\ws sign uplagenda item 11 - 060425.do Agenda Item # Meeting Date June 13, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES Prepared By: Robert Sesnon Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Shall the City Council approve a resolution declaring the City's election to receive state revenue sharing funds? STAFF RECOMMENDATION Staff recommends the approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY The City has estimated the receipt of $328,400 of state revenue sharing funds in the FY 2006-07 budget. Such funds are available from the state for those cities that meet certain requirements. The major requirement is that a City must have levied property taxes in the previous year. The requirements also include having a public hearing before the Budget Committee and a public hearing before the City Council. The hearing before the Budget Committee was held on May 1, 2006. Approval of the attached resolution will meet the state requirements for the City's election to receive these funds. OTHER ALTERNATIVES CONSIDERED Not accept the revenues from the State of Oregon. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Acceptance of this revenue will assist in the funding of City goals and strategies. ATTACHMENT LIST Resolution declaring City election to receive state revenue sharing funds. FISCAL NOTES Approval of this resolution would secure $328,400 of revenue for the General Fund. AGENDA ITEM No. 8 Date: June 13, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AN ORDINANCE DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM NO.8 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address Address City City City State zip State zip State Zip Phone No. Phone No. Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address Address City City City State Zip State Zip State Zip Phone No. Phone No.. Phone No. Agenda Item # Meeting Date June 13, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET MAKING APPROPRIATIONS DECLARING THE VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2006-07 Prepared By: Robert Sesnon Dept Head Okay IUJf City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Oregon Local Budget Law requires that a budget for the following fiscal year be adopted by the City Council prior to July 1, after approval by the Budget Committee and after a public hearing has been held before the City Council. STAFF RECOMMENDATION Staff recommends adoption of the FY 2006-07 Budget. KEY FACTS AND INFORMATION SUMMARY The Tigard Budget Committee (comprised of the City Council and five citizens) held four meetings on the City Manager's Proposed FY 2006-07 Budget in April and May 2006. On May 15, the Budget Committee approved the Proposed Budget with amendments and forwarded the Budget to the City Council for adoption. The attached Schedule of Appropriations reflects these amendments along with minor adjustments in transfers between funds that were necessitated by changes in the City's cost allocation plan to implement the Budget Committee's amendments. For FY 2006-07, one new fund is being established and two funds are being eliminated. A new local improvement district (LID) may be formed in the coming fiscal year, if the City Council approves the creation of the district after consideration of the Preliminary Engineer's Report. The Tigard Triangle LID #1 Fund is being created in anticipation of the district's creation in FY 2006-07. If the Council does not approve the creation of the LID, the fund will become inactive. The 79`'' Avenue LID Fund and the Wall Street LID are both being eliminated in the FY 2006-07 budget as neither of these local improvement districts were created. Oregon Local Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved Budget prior to adoption. The City Council may adjust resources or expenditures up or down as long as the increase in a fund does not exceed 10% of the fund total. No adjustments to the Approved Budget have been proposed. The total FY 2006-07 City of Tigard Budget will be $77,738,518. OTHER ALTERNATIVES CONSIDERED Since no amendments have been proposed, no other alternatives are being considered. By Oregon law, the FY 2006-07 Budget must be adopted by the City Council prior to July 1, 2006. COUNCIL GOALS AND T'IGARD BEYOND TOMORROW VISION STATEMENT The overall Approved Budget includes funding to accomplish the Council and Vision Task Force Goals. Specifically, the budget includes $65,000 for the revision of the City of Tigard Comprehensive Plan, approximately $3 million for catalyst capital projects for the downtown, $95,000 to begin work on improving the 99W corridor, $1.2 million to purchase additional parkland and greenspace, and $560,000 to obtain a long-term water source. ATTACHMENT LIST Resolution adopting the budget and Exhibit A (Schedule of Appropriations). FISCAL NOTES The Approved Budget includes total appropriations of $77,738,518. FY 2006-07 Total Budget Appropriations $77,738,518 41 712,4X5,(17(1, Pmgcnn C mlmga,y' Cxpmdimm. l 54, 15X,(XXI, / 155,41'),611'1, 55% 2006-07 Fiscal Year Impmvunaml.,_ Approved Budget 12149.5,551, Dd~l 4rvi,x, r; 28% 12,579,494, FY 2006-07 Program Expenditures FY 2006-07 Program Expenditures Total Operating Budget by Program Total Operating Budget by Department $34,619,609 $34,619,609 I W, cam, w Men~n~.~mxnn. A.I~nul,:nlnnlan, Gavemmen,, nv.i~~lnnrry f,x~llxx. ~4~wM1~~ f 591?97, 2'%. ~V4.v:.c.i1Y fsp Vax+,1 S~x~nlx, Rlt1, $12.437 t11NV M{ ~ GC»nn~i. t Yl,w , m: fs,2nR,555, K11ry 3145•),R(N, /IwNY., f~xl 35'%~ IF Ix/. . FY 2006-07 General Fund Expenditures FY 2006-07 General Fund Transfers Out $24,701,923 $4,876,553 .w ,n~~a r. Pnliry Rxid, /S]a, fLL'l3. P'~1 Ixln}IN?nx 11 rWI filY/a], w. - ItacvXl.l x - 1~4~. ..n.,. o... T...IxxA~X'Y• M1... .,x.. fIIvan, 13xy:Ix r.n... w.im.... r.... am N ml r, /1],URS,ax Sim,] n 3\]4'N-, MR > 1 AGENDA ITEM No. 9 Date: June 13, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2006-2007 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public'record. The names and addresses ofpersons who attend or participate is City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Agenda Item # ` y Meeting Date June 13, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Consider a Resolution Adopting the Citywide Master Fees and Charges Schedule, Which Replaces Resolution No. 05-42 and All Subsecluent Amendments to Date. Prepared By: Michelle Wareing Dept Head Ok,-WA City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Should the City Council approve a resolution to adopt the Master Fees and Charges Schedule? STAFF RECOMMENDATION Staff recommends that Council adopt the resolution. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code (I MC) 3.32.050 requires that the City Council review fees and charges annually. The Master Fees and Charges Schedule contains all citywide fees and charges and is updated annually in June. The purpose of the Schedule is to streamline the review process, have one document containing all fees and charges, and minimize the number of resolutions and ordinances relating to fees and charges. Staff has reviewed the Schedule and is proposing a few new fees and changes to specific, existing fees. There are various reasons for the proposed changes. Several of the fees are either adjusted annually by previously approved formulas or are set by other agencies. Other fees are no longer adequately recovering the City's cost of providing the service. Finally, some fees are related to services that the City is providing or plans to provide because of new technology, but a fee has not been set to recover the costs related to these services. Below is a summary of the proposed fee changes, additions, or deletions. Citywide Section: • Computer disk or compact disk - not recovering costs. These are disks that contain specific, requested data. • IDVD and VHS Copies (Non-Police) - new fee and service already being provided, not recovering costs. City Administration Section: • Complete Tigard Code (Titles 1 -18) on compact disk - new fee, not recovering costs. • Passport Execution Fee - new fee; amount set by Federal Government. • Tigard Municipal Code (Tides 1 -17) on compact disk - new fee; not recovering costs. Community Development Section: • Metro Construction Excise Tax - set by Metro, but collected by cities. • Sanitary Sewer Connection Fee - set by Clean Water Services • Annexation Fee - a moratorium will be placed on this fee beginning July 1, 2006 and will stay in effect until June 30, 2008. • Planning Fees - updated annually using the Construction Cost Index (CCI) for Seattle that is published in the April Engineering News Review (ENR) issues; the April 1, 2006 ENR issue listed the CCI for Seattle as 3.1% • Community Development Code (Tides 1 -17) on compact disk - new fee; not recovering costs. Library Section: • Headphones - new fee and service; not recovering costs • Over Due Items (All Items Except DVDs) - fee formerly applied to books and other non-video items; now includes all Library materials except DVDs. • Over Due Items Maximum Charge - set in conjunction with Washington County Cooperative Library Services. Incorrectly listed; fee was increased last year. Police Section: • Law Enforcement Officers Safety Act Qualification Fee - new fee and service, need to recover costs. Public Works - Water Section: • Sanitary Sewer Service - set by Clean Water Services. System Development Charge Section: • Traffic Impact Fee - set by Washington County. The proposed new fees are bolded and the current fees are struck through in Exhibit A of the resolution. Only those fees listed above will be adjusted; all other fees listed in Exhibit A will remain as is. OTHER ALTERNATIVES CONSIDERED Increase only those fees that are set by other agencies or are increased annually using an already approved formula. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT City Council other important goals: "Stabilize Financial Picture, Review Financial Strategy Task Force recommendations." Task Force has recommended that the City keep its fees current, that the fees recover the cost of providing the service, and that they are reviewed on an annual basis. ATTACHMENT LIST Resolution and Exhibit A, the Master Fee and Charges Schedule with proposed changes. Memo from Chief Bill Dickinson regarding Law Enforcement Officers Safety Act Qualification Fee. FISCAL NOTES There are no additional costs attached to these changes. The annually adjusted fee increases, such as Land Use fees, Traffic Impact, and Park System Development Charges, are reflected in the FY 2006-07 Adopted Budget, all other increases and new fees are not reflected. MEMORANDUM ARD TO: Michelle Wareing, Finance &444V FROM: Bill Dickinson, PD RE: Fee Schedule DATE: 05-22-06 The Police Department would like to add a new fee to the City's schedule. Pursuant to the Law Enforcement Officers Safety Act of 2004, the Police Department would like to implement a $25 fee for providing firearm qualification for retired police officers. I would title the fee as follows: - Law Enforcement Officers Safety Act Qualification Fee: $25.00 Please do not hesitate to call on me if you should have any questions. Thank you for your assistance with this matter. c: Lt. deSully Dickinson file Agenda Item # Meeting Date June 13, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approval of Construction Excise Tax Intergovernmental Agreement to Collect and Remit Tax Between Metro and the City of Tigard Prepared By: Robert Sesnon Dept Head Okay ds City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Should City Council approve the Construction Excise Tax Intergovernmental Agreement to Collect and Remit Tax Between Metro and the City of Tigard? STAFF RECOMMENDATION Staff recommends approval of the Construction Excise Tax Intergovernmental Agreement to Collect and Remit Tax Between Metro and the City of Tigard. KEY FACTS AND INFORMATION SUMMARY Metro has requested that Council approve the attached intergovernmental agreement that specifies that the city collect and remit an excise tax to be assessed on new development. On October 13, 2005, Metro adopted Resolution No. 25-3626A establishing an Expansion Area Planning Fund Committee (EAPF) to serve as a tax study committee pursuant to the Metro Code, with the charge to advise and make recommendations to the Metro Council regarding aspects of the need, distribution and mechanism for funding concept and comprehensive planning needs from the 2002 and 2004 Urban Growth Boundary expansions. On February 2, 2006 the EAPF Committee forwarded its final report and recommended actions to the Metro council, stating that a regional need exists for funding concepts and comprehensive planning associated with these expansion areas, and that a construction excise tax is the best available means for creating such a fund. The EAPF Committee was made up of a wide range of individuals from government agencies, industry, elected officials, school districts and the public. The recommendations of the committee represented what was thought to be the most appropriate solution to the obstacles associated with further development of the Urban Growth Boundary expansions. Their recommendations to the Metro Council resulted in the subsequent Metro Ordinance No. 06-1115. As a result of the Ordinance, a tax equal to .12% of the total valuation of building permits will be assessed by Metro and collected by jurisdictions within the Metro region. There are some exemptions and limitations to this tax that will provide relief to some applicants. Projects with vauations of $100,000 and less are exempt, as well as corporations exempt from federal income tax pursuant to 42 U.S.C. 501(c)(3) and certain low-income housing and charitable services provided to them. There is also a maximum ceiling of $12,000 that can be collected. Projects that are valued at $10 million and above would be assessed the flat fee of $12,000. This tax will sunset when the total amount that is collected within the Metro region reaches an amount equal to $6.3 million, which is expected to take approximately three (3) years. After this amount is collected, the tax will be rescinded. Under the terms of the Intergovernmental Agreement, local jurisdictions will retain 5% of the tax collected to cover the cost of administration. OTHER ALTERNATIVES CONSIDERED No alternatives have been considered. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None ATTACHMENT LIST Construction Excise Tax Intergovernmental Agreement to Collect and Remit Tax Between Metro and the City of Tigard Administrative Rules: Metro Code Chapter 7.04 FISCAL NOTES There is no material fiscal impact as a result of this agreement. All amounts collected will be recorded as a liability and subsequently remitted to Metro. The City will receive 5% of the tax collected to cover the cost of administration. CONSTRUCTION EXCISE TAX INTERGOVERNMENTAL AGREEMENT TO COLLECT AND REMIT TAX BETWEEN METRO AND THE CITY OF TIGARD This Construction Excise Tax Intergovernmental Agreement to Collect and Remit Tax ("CET Collection IGA") is effective on the last date of signature below, and is by and between Metro, a metropolitan service district organized under the laws of the state of Oregon and the Metro Charter, located at 600 Northeast Grand Avenue, Portland, OR, 97232-2736 ("Metro"), and The City of Tigard located at 13125 SW Hall Blvd., Tigard, OR 97223, collectively referred to as "Parties." WHEREAS, in October 2005 Metro convened a tax study committee comprised of representatives from local jurisdictions and the development community, to provide recommendations for funding comprehensive planning needs associated with recent inclusions into the urban growth boundary; and that tax study committee recommended that a short-term construction excise tax on building permit values was the appropriate funding mechanism; and WHEREAS, the tax study committee's recommendation was forwarded to the Metro Planning Advisory Committee ("MPAC"), and on March 8, 2006 MPAC recommended approval of the tax study committee's proposal that Metro adopt a construction excise tax that would be implemented by local jurisdictions to fund comprehensive planning needs associated with new inclusions into the urban growth boundary; and WHEREAS, on March 23, 2006 Metro adopted Ordinance No. 06-1115, establishing a Construction Excise Tax ("CET") throughout the Metro regional jurisdiction; and WHEREAS, the ordinance provides that the Construction Excise Tax may be collected by local jurisdictions and remitted to Metro pursuant to Intergovernmental Agreements, and that Metro will distribute up-front grants to local jurisdictions, based on grant requests that set forth the expected completion of certain milestones associated with Title 11 of Metro Code Chapter 3.07, the Urban Growth Management Functional Plan; and WHEREAS, the Construction Excise Tax established by Ordinance No. 06-1115 will expire when the total amount collected by all jurisdictions and remitted to Metro and certified by Metro as such is $6.3 million dollars, which is estimated to take approximately three years; and WHEREAS, the Parties desire to agree to certain procedures needed to collect the Construction Excise Tax and remit the tax to Metro. NOW THEREFORE, the Parties hereto agree as follows: 1. Information and Forms. Metro shall provide to the Jurisdiction information, forms, and assistance explaining the Construction Excise Tax. 2. Staffina. Jurisdiction shall provide sufficient staff to calculate and collect the Construction Excise Tax along with the collection of other permit fees. Metro shall provide sufficient staff to implement the CET program including grant distribution. Page 1 - CONSTRUCTION EXCISE TAX COLLECTION IGA 6/6/2006 Metro Construction Excise Tax IGA 3. Collection; Start date. Jurisdiction agrees to collect the Construction Excise Tax on behalf of Metro. Jurisdiction shall begin collecting the CET on July 1, 2006, and shall continue collection until the expiration of the CET as set forth below. 4. Exemptions. Metro shall also provide Jurisdiction with forms for CET exemptions, rebates, and refunds, and any other forms or information necessary for implementation of the CET. If a Person claims to be exempt from the CET and files a Metro CET Exemption Form at the time the CET would otherwise be due, Jurisdiction shall grant the exemption. It shall be Metro's responsibility to determine the validity of the exemption and to institute collection procedures to obtain payment of the CET, as well as any other remedy Metro may have under law, if the Person was not entitled to the exemption. 5. Remittance. Jurisdiction shall remit the collected CET to Metro. Remittance shall be quarterly, unless a jurisdiction prefers to remit the CET monthly, by the 301h of the month following the quarter (or month) ending. Quarters end on September 30, December 31, March 31 and June 30 of each year. CET remittance and the CET Report shall be sent to Metro, attn Construction Excise Tax Accounting Specialist, 600 NE Grand, Portland, Oregon 97232. 6. CET Reports. Along with the CET remittance, Jurisdiction shall prepare and submit to the Metro Chief Operating Officer a report of the CETs and building permits issued for the previous quarter's construction activities. The report shall include: the number of building permits issued that quarter; the aggregate value of construction; the number of building permits for which CET exemptions were given; the aggregate value of construction for the exempted construction; the aggregate amount of CET paid; and the amount of CET administrative fee retained by Jurisdiction pursuant to this CET Collection IGA. 7. Failure to Pay CET. Upon a Person's refusal to or failure to pay the CET when due, the jurisdiction administering that Person's building permit shall notify Metro in writing within five (5) business days of such failure, with information adequate for Metro to begin collection procedures against that Person, including the Person's name, address, phone numbers, Construction Project, Value of New Construction, and building permit number. Upon a Person's refusal or failure to pay the CET, it shall be Metro's responsibility to institute collection procedures to obtain payment of the CET as well as any other remedy Metro may have under law. 8. Records. Jurisdiction shall make all records related to building permit activity, Construction Excise Tax collections, and CET exemptions available to Metro, or its designated auditors, as necessary for Metro to audit Construction Excise Tax collections. 9. Administrative Fee. As consideration for the above described services, Jurisdiction shall retain Five Percent (5%) of the CET collected by the Jurisdiction. Prior to submitting the CET to Metro, Jurisdiction shall deduct this administrative fee directly from the CET collected, and the amounts deducted and retained shall be identified on the report submitted to Metro. 10. Sunset. Jurisdiction shall cease collection of the Construction Excise Tax pursuant to this CET Collection IGA on the last day of the month in which Metro certifies to Jurisdiction that a total of $6.3 million has been collected by the Metro-area local jurisdictions and has been remitted to and received by Metro. CET already collected by Jurisdiction in the CET reporting period in which it receives Metro's written certification notice shall be remitted to Metro, and shall remain a part of the CET program and shall be distributed by Metro to local jurisdictions in accordance with the CET grant program. Page 2 - CONSTRUCTION EXCISE TAX COLLECTION IGA 6/6/2006 Metro Construction Excise Tax IGA 11. Amendment. This CET Collection IGA may be amended by mutual written agreement of the Parties. 12. Other Agreements. This CET Collection IGA does not affect or alter any other agreements between Metro and Jurisdiction. Metro [Jurisdiction Name] By: Michael Jordan By: Title: Metro Chief Operating Officer Title: Date: Date: State of Oregon ) SS. County of ) On this day of , 2006, before me , the undersigned Notary Public, personally appeared Michael Jordan, as Chief Operating Officer of Metro, a municipal corporation, personally known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. My commission expires: State of Oregon ) SS. County of ) On this day of , 2006, before me , the undersigned Notary Public, personally appeared as of jurisdiction, personally known to me (or proved to be on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she or they) executed it. My commission expires: Page 3 - CONSTRUCTION EXCISE TAX COLLECTION IGA 6/6/2006 Metro Construction Excise Tax IGA DRAFT 5/16/2006 ADMINISTRATIVE RULES: METRO CODE CHAPTER 7.04 Effective July 1, 2006, Metro has established as Metro Code Chapter 7.04 a Construction Excise Tax ("CET"). These Administrative Rules establish the procedures for administering this tax as mandated in Metro Code Section 7.04.050 and Metro Code Section 7.04.060. For ease of reference a copy of Metro Code Chapter 7.04 is attached to these administrative rules. 1. Metro Administrative Matters. A. Definitions. These administrative rules incorporate the definitions as set forth in Metro Code Section 7.04.030. B. Designated Representatives (Metro Code Section 7.04.060). The Metro Chief Operating Officer ("COO) is responsible for the administration and enforcement of the Metro Code Chapter 7.04 and these administrative rules. 1. The COO may delegate his authority in administration and enforcement of the Code chapter and these administrative rules as he determines and as set forth herein. 2. The COO shall appoint a Hearings Officer(s), which appointment shall be confirmed by the Metro Council. The Hearings Officer(s) shall have the authority to order refunds or rebates of the Construction Excise Tax or waive penalties as a result of the hearings process. Upon appointing a Hearings Officer, the Chief Operating Officer shall delegate authority to the Hearings Officer to administer oaths, certify to all official acts, to subpoena and require attendance of witnesses at hearings to determine compliance with this chapter, rules and regulations, to require production of relevant documents at public hearings, to swear witnesses, to take testimony of any Person by deposition, and perform all other acts necessary to adjudicate appeals of Construction Excise Tax matters. C. Internal flow of funds: Funds will be accounted for in a Construction Excise Tax account that will be created by the effective date of Metro Code Chapter 7.04. D. Rate stabilization reserves: Metro Code Chapter 7.04.200 states that the Council will, each year, as part of the Budget process, create reserves from revenues generated by the CET. These reserves are to even out collections thereby stabilizing the funds needed to support the applicable programs despite industry building activity fluctuation. These reserves can only be drawn on to support the specific budgeted activities as discussed in Section I.E. of these administrative rules. Due to their restricted nature, these reserves shall be reported as designations of fund balance in Metro's General Fund. E. Dedication of revenues: Revenues derived from the imposition of this tax, netted after deduction of authorized local jurisdiction costs of collection and administration, will be Page 1 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 solely dedicated to grant funding of the regional and local planning that is required to make land ready for development after inclusion in the Urban Growth Boundary. F. Rule Amendment. The Chief Operating Officer retains the authority to amend these administrative rules as necessary for the administration of the Construction Excise Tax. II. Construction Excise Tax Administration. A. Imposition of Tax (Metro Code Section 7.04.070) 1. The CET is imposed on every Person who engages in Construction within the Metro jurisdiction. 2. The tax shall be due and payable at the time of the issuance of any building permit, or installation permit in the case of a manufactured dwelling, by any building authority, unless an Exemption applies as set forth herein. 3. The CET shall be calculated and assessed as of the application date for the building permit. Persons obtaining building permits based on applications that were submitted prior to July 1, 2006 shall not be required to pay the CET, unless the building permit issuer normally imposes fees based on the date the building permit is issued. 4. If no permit is issued, then the CET is due at the time the first activity occurs that would require issuance of a building permit under the Uniform Building Code. B. Calculation of Tax (Metro Code Section 7.04.080). The CET is calculated by multiplying the Value of New Construction by the tax rate of 0.12% (0.0012 x Value of New Construction) C. Exemptions: (Metro Code Section 7.04.040) 1. Eligibility for Exemption. No obligation to pay the CET is imposed upon any Person who establishes, as set forth below, that one or more of the following Exemptions apply: a. The Value of New Construction is less than or equal to One Hundred Thousand Dollars ($100,000); or b. The Person who would be liable for the tax is a corporation exempt from federal income taxation pursuant to 42 U.S.C. 501(c)(3), or a limited partnership the sole general partner of which is a corporation exempt from federal income taxation pursuant to 42 U.S.C. 501(c)(3), Page 2 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 the Construction is used for residential purposes AND the property is restricted to being occupied by Persons with incomes less than 50 percent (50%) of the median income for a period of 30 years or longer; or c. The Person who would be liable for the tax is exempt from federal income taxation pursuant to 42 U.S.C. 501(c)(3) AND the Construction is dedicated for use for the purpose of providing charitable services to Persons with income less than 50 percent (50%) of the median income. 2. Procedures for establishing and obtaining an Exemption; Exemption Certificates: a. For exemption (a) above, the exemption will be established at the building permit counter where the Value of New Construction as determined in the building permit is less than or equal to One Hundred Thousand Dollars ($100,000). b. For exemptions (b) and (c) above, prior to applying for a building permit a Person claiming an exemption may apply to Metro for a Metro CET Exemption Certificate, in substantially the form attached hereto as Exhibit A, which Metro CET Exemption Certificate may be presented to the building permit issuer to receive an exemption from paying the CET; or c. For exemptions (b) and (c) above, instead of going to Metro to obtain a Metro CET Exemption Certificate, a Person claiming an exemption from the CET when applying for a building permit may submit to the building permit issuer Metro's CET Exemption Certificate application form, along with substantiating documentation, if any. Upon receiving a Person's Metro CET Exemption Certificate application, the building permit issuer shall preliminarily authorize the exemption and shall not collect the CET. The building permit issuer shall forward the Person's Metro CET Exemption Certificate application, along with substantiating documentation, if any, to Metro along with the quarterly CET report. It shall be Metro's responsibility to determine the validity of the exemption and to institute collection procedures to obtain payment of the CET, as well as any other remedy Metro may have under law, if the Person was not entitled to the exemption; Page 3 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 d. To receive a Metro CET Exemption Certificate from Metro, or to substantiate to Metro the validity of an exemption received from a local building permit issuer, an applicant must provide the following: i. IRS tax status determination letter evidencing that the Person seeking the building permit is exempt from federal income taxation pursuant to 42 U.S.C. 5 01 (c)(3); and ii. In the case of residential property, proof that the property is to be restricted to low income persons, as defined, for at least 30 years. Proof can be in the form of loan covenants, rental agreements or grant restrictions; and iii. In the case of a qualified tax-exempt entity providing services to Persons with incomes less than 50 percent of the median income, the applicant must provide information that will allow such tax exempt status to be verified, including a certification from the entity's corporate officer attesting that the exemption is applicable; and iv. In the case of a limited partnership with a tax-exempt sole general partner corporation, verification from the partnership's attorney of that status is required; or v. Any other information that may allow the exemption determination to be made; and vi. Authorization to audit the records to verify the legal status and compliance with Metro qualifications of all entities claiming exempt status. e. Partial Applicability of Exemption. If an exemption is applicable to only part of the Construction, then only that portion shall be exempt from the CET, and CET shall be payable for the remainder of the Construction that is not eligible for an exemption, on a pro-rata basis. It shall be the responsibility of the Person seeking the partial exemption to fill out a Metro CET Exemption Certificate application for the partial exemption, declaring on that application the proportion of the Construction qualifies for the exemption. Upon receiving a Person's Metro CET Exemption Certificate application claiming a partial exemption, along with Page 4 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 substantiating documentation, if any, the building permit issuer shall preliminarily authorize the partial exemption and shall only collect the pro-rata CET as declared by the applicant. The building permit issuer shall forward the Person's Metro CET Exemption Certificate application, along with substantiating documentation, if any, to Metro along with the quarterly CET report. It shall be Metro's responsibility to determine the validity of the partial exemption and to institute collection procedures to obtain payment of the remainder of the CET, as well as any other remedy Metro may have under law, if the Person was not entitled to the partial exemption. D. Ceiling (Metro Code Section 7.04.045) 1. If the CET imposed would be greater than $12,000.00 (Twelve Thousand Dollars) as measured by the Value of New Construction that would generate that amount of tax, then the CET imposed for that Construction is capped at a Ceiling of $12,000.00 (Twelve Thousand Dollars). 2. The Ceiling applies on a single structure basis, and not necessarily on a single building permit basis. For example: a. If a single building permit is issued where the Value of New Construction is greater than or equal to Ten Million Dollars ($10,000,000), then the CET for that building permit is capped at Twelve Thousand Dollars ($12,000.00). b. If Construction in a single structure will require multiple building permits during the pendency of the CET program, and the total CET that would be imposed for those building permits would add up to more than Twelve Thousand Dollars ($12,000.00), then the total CET for those building permits within the same structure during the pendency of the CET program is capped at Twelve Thousand Dollars ($12,000.00). Once a total of $12,000.00 has been paid in CET for a particular structure, then no additional CET will be collected for that structure during the pendency of the CET program. E. Rebates (Metro Code Section 7.04.120). If a CET has been collected and a CET Exemption or the CET Ceiling was applicable, a rebate for the CET may be obtained from Metro. Page 5 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 1. Procedures for obtaining rebate are: a. Within thirty (30) days of paying the CET, the Person who believes that the CET was not applicable due to a CET exemption or CET Ceiling, shall apply for a rebate in writing to Metro and provide verification that the exemption eligibility provisions of Metro Code Section 7.04.040, or that the CET Ceiling provisions of Metro Code Section 7.04.045, have been met. Failure to seek a rebate within the thirty (30) day time limit will terminate a Person's right to seek a rebate. b. Applicant shall provide proof that the CET was paid, in the form of a paid receipt from the building permit issuer showing the tax was paid. All supporting documentation for the exemption or ceiling shall be submitted at the time of the rebate claim. The rebate will only be made to the name that is listed on the receipt unless the applicant has a written assignment of rebate. C. A rebate or a letter of denial shall be issued by Metro within thirty (30) days of receipt of a written request for rebate provided that the request includes all required information. The rebate will be calculated based upon the paid receipt, less the 5% administrative fee already retained by the building permit issuer. F. Refunds: (Metro Code Section 7.04.150) If a CET has been collected and the Construction was not commenced and the building permit was cancelled, a refund for the CET may be obtained from Metro. 1. Eligibility is determined by the absence of Construction and cancellation of the building permit. 2. Procedures for obtaining refund: a. Apply in writing to Metro within thirty (30) days of permit cancellation. b. Provide copy of canceled permit. C. Provide proof of payment of the tax in the form of the paid receipt. d. A refund or a letter of denial shall be issued by Metro within thirty (30) days of receipt of the written request for Page 6 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 refund provided that the request includes all required information. The refund will be calculated based upon the paid receipt, less the 5% administrative fee already retained by the building permit issuer. e. Failure to seek a rebate within the thirty (30) day time limit will terminate a Person's right to receive a refund. G. Appeals: The Hearings Officer shall conduct hearings related to enforcement or appeals of the CET. The appeal to the Hearings Officer must be: 1. In writing; 2. Made within ten (10) calendar days of denial of a refund, rebate, or exemption request. Notice of denial to the party denied, is deemed to have occurred three days after the mailing of the certified denial letter from Metro; 3. Tax must be paid prior to appeal; 4. Directed to the Office of Metro Attorney, who will contact the Hearings Officer to schedule a hearing upon receipt of a written appeal. The Hearings Officer will at that time provide further information as to what documentation to bring to the hearing. H. Review. Review of any action of the Chief Operating Officer or Hearings Officer, taken pursuant to the Construction Excise Tax Ordinance, or the rules and regulations adopted by the Chief Operating Officer, shall be taken solely and exclusively by writ of review in the manner set forth in ORS 34.010 through 34.100, provided, however, that any aggrieved Person may demand such relief by writ of review. 1. CET Sunset (Metro Code Section 7.04.230). 1. The CET shall not be imposed on and no person shall be liable to pay any tax for any Construction activity that is commenced pursuant to a building permit issued on or after the last day of the month in which a total of $6.3 million has been collected under Metro Code Chapter 7.04, received by Metro, and certified as received by Metro to the local collecting jurisdictions. 2. Local governments collecting CETs shall remit the CETs to Metro on a quarterly or monthly basis, based on the jurisdiction's CET Collection IGAs with Metro. Each quarter, within thirty days of receiving CET remittances from all collecting local jurisdictions, Metro will issue a written statement of the total CET that Metro has received that quarter and Page 7 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 cumulatively. 3. CET remittance to Metro shall be net of the local government's administrative expenses in collecting the CET, up to 5% of the CET collected by the local government as set forth in the Metro CET Collection IGA. This net amount of CET remitted to Metro shall be the basis for Metro's calculations of CET cumulative totals and for the calculation of when the $6.3 million CET has been reached. 4. The CET shall cease to be imposed by local governments on the last day of the month in which Metro issues written notice certifying that the previous quarter's CET remittance to Metro has caused Metro to receive a cumulative total of at least $6.3 million in CET. CET already collected by local governments in the quarter that they receive Metro's written certification notice shall be remitted to Metro and shall remain a part of the CET program and shall be distributed to local jurisdictions in accordance with the Grant program as set forth herein. Any additional CET received by Metro in the quarter that the $6.3 million has been certified as received shall also remain a part of the CET program and shall be distributed to local jurisdictions in accordance with the Grant program as set forth herein. III. CET Collection Procedures. A. Local Government CET Collection and Remittance Via Intergovernmental Agreements (Metro Code Section 7.04.110). For those local governments collecting the CET pursuant to Intergovernmental Agreements with Metro, the following procedures shall apply: 1. CET Report; Information required: Each quarter (unless a local government prefers to report monthly), along with its CET remittance to Metro, the local government shall prepare and submit to the Metro Chief Operating Officer a report of the CETs and building permits issued for the previous quarter's construction activities. The report shall include: the number of building permits issued that quarter; the aggregate value of construction; the number of building permits for which CET exemptions were given; the aggregate value of construction for the exempted construction; the aggregate amount of CET paid; and the amount of CET administrative fee retained by the local government pursuant to this CET Collection IGA. 2. CET Remittance to Metro: Local governments collecting CET via IGAs with Metro shall remit the collected CET to Metro. Remittance shall be quarterly, unless a jurisdiction prefers to remit the CET monthly, by the 30th of the month following the quarter (or month) ending. Quarters end on September 30, December 31, March 31 and June 30 of each year. CET remittance and the CET Report shall be sent to Metro, attn Construction Excise Tax Accounting Specialist, 600 NE Grand, Portland, Oregon 97232. Page 8 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 3. Remuneration to Local Government for Collecting CET. As consideration for collecting the CET, each local government collecting the CET shall retain no more than five percent (5%) of the tax collected by that local government. This payment is intended to be a reimbursement of costs incurred. Prior to submitting the CET to Metro, the local government shall deduct the remuneration agreed upon directly from the collected tax, and the amounts deducted and retained shall be identified on the report submitted to Metro. 4. Audit and control features: Each local government shall allow the Chief Operating Officer, or any person authorized in writing by the Chief Operating Officer, to examine the books, papers, building permits, and accounting records relating to any collection and payment of the tax, during normal business hours, and may investigate the accuracy of reporting to ascertain and determine the amount of CET required to be paid. 5. Failure to Pay. Upon a Person's refusal to or failure to pay the CET when due, the local government administering that Person's building permit shall notify Metro in writing within five (5) business days of such failure, with information adequate for Metro to begin collection procedures against that Person, including the Person's name, address, phone numbers, Value of New Construction, Construction Project, and building permit number. Upon a Person's refusal or failure to pay the CET, it shall be Metro's responsibility to institute collection procedures to obtain payment of the CET as well as any other remedy Metro may have under law. B. Metro Collection procedures in event of non-payment. The CET is due and payable upon issuance of a building permit. It is unlawful for any Person to whom the CET is applicable to fail to pay all or any portion of the CET. If the tax is not paid when due, Metro will send a letter notifying the non-payer of his obligation to pay the CET along with the following information: 1. Penalty. In addition to any other fine or penalty provided by Chapter 7.04 of the Metro Code, penalty for non- payment will be added to the original tax outstanding. That penalty is equal to $50.00 or the amount of the tax owed, whichever is greater. 2. Misdemeanor: In addition to any other civil enforcement, non- payment of the CET is a misdemeanor and shall be punishable, upon conviction, by a fine of not more than five hundred dollars ($500.00). This fine shall be charged to any officer, director, partner or other Person having direction oz control over any Person not paying the tax as due. 3. Enforcement by civil action: If the tax is not paid, Metro will proceed with collection procedures allowable by law to collect the unpaid tax, penalties assessed and fines due, including attorney fees. IV. Revenue Distribution (Metro Code Section 7.04.220). The Chief Operating Officer shall distribute the revenues and expected revenues from the CET as Grants to local governments based Page 9 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 on an analysis of Grant Request(s) submitted by a local government, in accordance with the procedures set forth below. A. Procedures for Distribution 1. Step One: Pre-Grant-Request Meeting_ Prior to making a written request to Metro for CET grant funds, each local government that anticipates requesting CET Grant funds shall schedule a pre-Grant Request meeting with Metro. In order to receive CET Grant funding, pre-Grant-Request Meetings shall be scheduled with Metro within three (3) months of the effective date of the CET program, ie, by October 1, 2006, unless a different date is mutually agreed upon by Metro and the local government. The purpose of the pre-Grant Request meeting is to discuss the local government's estimated scope of work and budget for planning needs for their 2002, 2004, and 2005 new urban areas, based on the requirements set forth in the Construction Excise Tax ordinance; Chapter 3.07 of the Metro Code, including Title 11, the Urban Growth Management Functional Plan ("Functional Plan"); the applicable conditions of addition for the new urban area from the Metro ordinance bringing the area into the UGB; these administrative rules; and the budget estimates provided to Metro by the local government prior to enactment of the Construction Excise Tax ordinance. 2. Step Two: Grant Request. After the pre-application meeting, local governments seeking distribution of CET expected revenues shall submit a written Grant Request to the Metro Chief Operating Officer. a. Reimbursement Requests. Grant Requests to reimburse local governments for comprehensive plans already completed for new urban areas that were added to the UGB in 2002, 2004, or 2005 shall also be considered. Such requests shall follow the same procedures as those set forth herein for other CET Grant Requests 3. Proposed Scope of Work, Milestones, and Budget. The Grant Request should include a proposed scope of work and budget, setting forth the expected completion dates and costs for the following milestones: a. Local government staff's proposed Concept Plan, if one is to be developed for the new urban area; b. Urban Growth Diagram, showing at least those elements set forth in Title 11, Metro Code Section 3.07.1120(J); c. Local government staff's recommended Comprehensive Plan or Comprehensive Plan amendment, addressing the components set forth in Title 11, Metro Code Sections 3.07.1120 and 3.07.1130; the applicable conditions of addition for the new urban area from the Metro ordinance Page 10 DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 DRAFT 5/16/2006 bringing the area into the UGB; and applicable state laws and regulations; and d. Local government's adoption of Comprehensive Plan or Comprehensive Plan amendment, consistent with the Functional Plan, the Metro ordinance conditions of addition for the new urban area, and applicable state law. 4. Step Three: Grant Agreement ("Grant IGA" The Metro Chief Operating Officer shall analyze the local government's Grant Request and the factors set forth herein, as well as those cost estimates previously provided by the local governments. Based on that analysis, Metro and the local government shall enter into a Grant Agreement ("Grant IGA") that shall include an agreed-upon scope of work and budget, expected milestone completion dates, and Grant payment dates. 5. Grant Payment Dates. Grant payments shall be made upon the completion of those milestones set forth in the Grant Agreements, as determined by Metro in accordance with the requirements of the Metro Code and the Grant Agreement. In general, a portion of the Grant funds shall be distributed upon execution of a Grant Agreement with Metro, with the remainder of the Grant being paid out as progress payments upon completion of the milestones set forth in section W.A. 3 above and in the Grant Agreement. B. Eligible Expenses. I. The following expenses shall be considered Eligible Expenses for CET Grant consideration: a. Materials directly related to project; b. Consultants' work on project; C. Local government staff support directly related to project; and d. Overhead directly attributable to project; 2. If the total Grant Requests from participating local governments exceed the total CET expected revenues, Metro shall first consider awarding funds for eligible direct costs, which will have priority for funding over indirect costs. Page 1 I DRAFT ADMINISTRATIVE RULES - METRO CODE CHAPTER 7.04 Constr Excise Tax 0512 Admin Rules 5/16/2006 TIGARD CITY COUNCIL p AND CITY CENTER DEVELOPMENT AGENCY MEETING June 13, 2006 1 f ~'-1 U 6:30 PM TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 Agenda Item No. 12 - Public Hearing (Quasi Judicial) to Consider Pelissier PropertyAnnexation (ZCA 2006-10001) has been removed from the June 13, 2006 Council Agenda. The Applicant has withdrawn their application for annexation. Cathy Wheatley -Withdrawal of ZCA2006-10001 (Agenda Item 12 Page 1 Agenda Item No. 1 Meeting of (o, 3 IOU From: Emily Eng To: Cathy Wheatley; Craig Prosser Date: 6/13/2006 12:00:25 PM Subject: Withdrawal of ZCA2006-10001 (Agenda Item 12) Craig and Cathy: This is to notify you that the Pelissier Annexation Request has been withdrawn by the applicant as of today. Agenda Item 12 will not be necessary at tonight's meeting. Thank you. -Emily-----------------. Emily Eng Assistant Planner City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 www.ci.tigard.or.us T: (503) 718-2712 F: (501) 598-1960 CC: Tom Coffee Page 1 of 1 Craig Prosser - Fwd: Pellisier Application - ZCA 2006-10001 From: Emily Eng To: Cathy Herbert; Craig Prosser Date: 6/13/2006 1:17 PM Subject: Fwd: Pellisier Application - ZCA 2006-10001 CC: Tom Coffee Craig and Cathy, Here is the withdrawal notice I received from the applicant. -Emily "Ken Sandblast" <kens@prilanduse.com> 06/13 10:34 AM Emily, As applicant/owner representative, this email serves as written request to withdraw application ZCA 2006-10001. The currently changing policy environment in the Bull Mt area has resulted in this request. We apologize for the short notice. Please acknowledge receipt of this withdraw request and confirm that this application will not be heard at tonight's City Council meeting. Thank you for your time and assistance. Ken Kenneth L. Sandblast, AICP Planning Resources, Inc. 7160 SW Fir Loop, Suite 201 Portland, OR 97223 503-684-1020 503-684-1028 (Fax) fileWC:\Documents and Settings\Craig.000Tocal Settings\Temp\GW)00002.HTM 6/13/2006 Craig Prosser - Re: Pellissier Withdrawal Page 1 From: Tom Coffee To: Prosser, Craig Date: 6/13/2006 2:23:13 PM Subject: Re: Pellissier Withdrawal In the review of the subdivision, the County will ask the City for comments including the availability of water service and the City will respond that consent to annexation will be required before connection to City water. Also, the property is in an island that allows the City to annex at any time, for now. Tom Coffee Community Development Director City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 503-718-2443 tomc@tigard-or.gov Craig Prosser 06/13 2:14 PM No. I am not talking about the reason for the request. I am talking about our assurances that the area will annex to Tigard and the process to make that happen. I don't think Sandblast addresses that. Tom Coffee 6/13/2006 2:10 PM Craig - I think Emily has sent you Sandblasts request. I would just read that. Tom Coffee Community Development Director City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 503-718-2443 tomcO-)tiQard-or.gov Craig Prosser 06/13 1:52 PM I alerted the Mayor to the withdrawal of this annexation petition. He asked about the requirement to annex after development approval and prior to construction. I told him that the City will ask that be a requirement of the County's approval, and the Mayor is good with that. The Mayor asked me to explain that tonight when we announce the withdrawal of this agenda item. Would one of you please e-mail me the proper language to use tonight to explain that? Thanks Agenda Item # Meeting Date 6/13/2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Pelissier Annexation (ZCA2006-10001) Prepared By: Emily Eng Dept Head Okay City Mgr Okay CAD ISSUE BEFORE THE COUNCIL AND KEY FACTS Should City Council approve annexation of 1.81 acres of land (Zone Change Annexation - ZCA2006-10001) located north of SW Bull Mountain Road and east of SW 133`d Avenue? The proposed territory is: contiguous to the City; part of an island of unincorporated territory; and can be served by urban services. STAFF RECOMMENDATION Adopt the recommended ordinance annexing the subject parcel to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY State law (ORS 222) allows for a city to annex contiguous land when owners of real property in the proposed annexation territory submit a petition to the legislative body of the city. The property owners of 13273 SW Bull Mountain Road (WCTM 2S109AB, Tax Lot 300) have submitted a petition for annexation to the City of Tigard. The proposed annexation consists of 1.81 acres. Three adjacent property owners received invitations to join the annexation; none responded. The proposed annexation territory (Pelissier Annexation) is part of an island of unincorporated territory and contiguous to the City on three (3) sides. The eastern boundary abuts Raven Ridge subdivision. Most of the western boundary abuts a privately owned parcel within the City. The southern boundary abuts the Alpine View subdivision, which City Council voted to annex on November 9, 2004 (ZCA2004-00002). A small portion of the western boundary and the entire northern boundary abut privately owned parcels that are part of the island of unincorporated territory. No Goal 5 resources have been identified on the proposed territory. The Bull Mountain Community Plan also does not identify any significant natural resources on the site. The applicable review criteria for this application are ORS Chapter 222; Metro Code Chapter 3.09; City of Tigard Comprehensive Plan Policies 2 and 10, and Community Development Code Chapters 18.320 and 18.390. Staff finds that the proposed annexation (ZCA2006-10001) meets all the approval criteria and recommends that the Council approve ZCA2006-10001 by adoption of the attached ordinance. Key Facts: 1. The proposed territory is contiguous to the City; 2. The proposed territory is part of an island of unincorporated territory; 3. Urban services are available to serve the proposed territory; 4. The proposed territory is within the City's Urban Growth Boundary and Metro's Urban Growth Boundary; and 5. The proposed territory is within the City's Urban Services Area and Area of Interest. OTHER ALTERNATIVES CONSIDERED Not approving ZCA2006-10001 if it does not meet the applicable review criteria. . COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Growth and Growth Management, Goal #2: Urban services will be provided to all citizens within Tigard's urban growth boundary. ATTACHMENT LIST Attachment 1: An Ordinance Annexing 1.81 Acres, Approving Pelissier Annexation (ZCA2006-10001) and Withdrawing Property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District. Exhibit A: Legal Description of Proposed Annexation Territory Exhibit B: Washington County Taxation and Assessment Map for Proposed Annexation Territory Exhibit C: Petition for, and Consent to, Annexation to the City of Tigard Exhibit D: Staff Report to the City Council Attachment 2: Site Map of Proposed Annexation Territory. FISCAL NOTES If approved, the proposed annexation territory would not be transferred to the City's tax roll until July 1, 2007. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2006- AN ORDINANCE ANNEXING 1.81 ACRES, APPROVING PELISSIER ANNEXATION (ZCA2006-10001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 13, 2006, to consider the annexation of one (1) parcel (WCTM 1S209AB00300) of land north of SW Bull Mountain Road and east of SW 133rd Avenue and withdrawal of said property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District on June 13, 2006; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and ORDINANCE NO. 2006- ZCA2006-10001 Pelissier Annexarion Page 1 of 3 WHEREAS, the current zoning district is R-7, an existing City zone that has been adopted by the County and the zoning after annexation would remain R-7 so that no zone change is necessary, and by annexation the Comprehensive Plan of the City of Tigard goes into effect; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District. SECTION 2:The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy is attached hereto as Exhibit "D" and incorporated herein by this reference. SECTION 3:This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5:Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 6:Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2007. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. ORDINANCE NO. 2006- ZCA2006-10001 Pelissier Annexafion Page 2 of 3 PASSED: By vote of all Council members present after being read by number and title only, this day of 12006. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2006. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE NO. 2006- ZCA2006-10001 Pelissier Annexation Page 3 of 3 EXHIBIT A Centerline Concepts, Inc. February 27, 2006 Shady Peak That tract of land described in document no. 2003-174128, Washington County deed records, in the NE 1/4 of Section 9, T.2S., RAW., W.M., Washington County, Oregon, being more particularly described as follows: BEGINNING at-the northwest corner of Lot 28, "Raven Ridge", Washington County Plat records; thence S00°05'57"E on the west line of said Lot 28, a distance of 52.45 to the most westerly southwest corner of said Lot 28; thence S89°58'23"W on the north line of that tract of land described in document no. 90-041679, Washington County deed records, a distance of 250.00 feet to the east line of that tract of land described in document no. 2005-008270, Washington County deed records; thence NOO°05' 57W on said east line and the east line of that tract of land described in document no. 91-030146, Washington County deed records, a distance of 315.00 feet to the southwest corner of that tract of land described in deed book 803, page 479, recorded January 11, 1971, Washington County deed records; thence S89°58' 11"E on the south line of said book 803, page 479 tract, a distance of 250.00 feet to the most westerly northwest corner of said "Raven Ridge"; thence S00°05'57"E on the west line of said "Raven Ridge" a distance of 262.53 feet to the POINT OF BEGINNING. Said tract of land contains 78,748 square feet more of less. Subject to easements of record. ANNEXATION.CERTIFIED B R 0 12006 Q:\D0CS\LGLDES0ShadyI 546-02LegalForAnncxWasli2-27-2006.doc WASHINGTON COUNTY AAT CARTOGRAPHY 700 Walla Avenue Oregon City, Oregon 97045 503 650-0188 tax 503 650-0189 20 "a e2O I b89COG 01 6S 100S9COSid90N00 -:3N r lN=i I KI M J ~ , . ~ _ " S 89'58'11" E 250.00' 0 o OD ~ w i 3 <N> It9 In O Q O O z o S.W. N HOODMSTA LANE v NORTHWEST CORNER OF LOT 28 RAVEN RIDGE" l N 89'58' 23' W 250.00' N.E. 1/4 SEC. 9, T.2S., RAW., W.M. SIGNED ON: Z" z7_O REGISTERED WASHINGTON COUNTY, OREGON PROFESSIONAL FEBRUARY 27, 2006 LAN SURVEYOR DRAWN: MSG CHECKED: WGDIII SCALE 1 *=50' ACCOUNT 1546-02 M:\PROJECTS\SHADYPEAK-02\SHADYP-EX OREGON JULY 16, 1987 WADE G. DONOVAN III 2276 Centerline Concepts Inc_ VALID THROVGH DECEMBER 31, 2007 700 MOLALLA AVE., OREGON CITY. 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A^, L'•~'"• "1 '.eoK ' , •1 b0ro mwfanWrtiWmeb'm ~ •aim. , N Y"36• . n moo v.. fy( s• 2S 1 09AB 2S 1 09AB TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residingg at the referenced location(s) hereby petition for, and ive consent to, Annexation of said property o the City of Tigard. We unders and that tr'e City will review this request in accordance with ~RS Chapter 222 and applicable regional and, local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE I OF 1 OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE . Section Number Number Number taL LZ PautiraM1 r' /3273 $w eAA r47V R 2 S/ 0946 3eb 397 3~ s6 -ri444004 q 7z&4 Act C ~ieu~i,~x ' r- 13173' AW Bv&L- mrw Ko Z . DRAB 3oe 347 3/c./`06, 7ia~~ OR 71214 M ao Zq • n I:\curpln/masters\revised\anxpetn.mst 15-Aug-02 EXHIBIT D Agenda Item: Hearin Date: June 13, 2006 Time: 7:30 PM STAFF REPORT TO THE - ~V CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: PELISSIER ANNEXATION CASE NOS: Zone Change Annexation (ZCA) ZCA2006-10001 APPLICANT/ Kenneth L. Sandblast OWNER: Daniel Pelissier OWNERS' REP: 7160 SW Fir Loop #201 13273 SW Bull Mountain Road Portland, OR 97223 Tigard, OR 97224 OWNER: Rachel Pelissier 13273 SW Bull Mountain Road Tigard, OR 97224 PROPOSAL: The applicant is requesting to annex one (1) parcel consisting of approximately 1.81 acres of land to the City of Tigard. LOCATION: 13273 SW Bull Mountain Road; WCTM 2S109AB, Tax Lot 300. The proposed territory is located north of SW Bull Mountain Road, abutting the northern boundary of Alpine View subdivision, east of SW 133`' Avenue. CURRENT ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally.' EQUIVALENT CITY ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and See section IV, Policy 10.1.3, for details about this zoning designation. PELISSIER ANNEXATION ZCA2006-10001 PAGE 1 OF 9 subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2006-10001) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. Therefore, staff recommends APPROVAL of ZCA2006-10001 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION Site Information: The proposed annexation territory is located north of SW Bull Mountain Road, abutting the northern boundary of Alpine View subdivision, east of SW 133`d Avenue. It is made up of one (1) tax lot and contiguous to the City of Tigard on three (3) sides. The proposed territory part of unincorporated Bull Mountain and the City's Urban Service Area, which means that the provisions of the City of Tigard's Urban Service Agreement (TUBA) and the Urban Service Intergovernmental Agreement (USIA) between Washington County and the City of Tigard apply. One single family dwelling and its accessory structure exist on the proposed site, which has a slope of approximately 10%. No Goal 5 resources, regionally significant habitat or other sensitive lands have been identified on the site. The Bull Mountain Community Plan also does not identify any significant natural resources on the site. The unincorporated parcel abutting the proposed territory on its north boundary contains lower-value Goal 5 resources (identified in Metro's inventory of significant fish and wildlife habitat areas) and significant natural areas identified by the Bull Mountain Community Plan. The applicant requests annexation of the 1.81-acre territory (WCTM 2S109AB, Tax Lot 300) to the City of Tigard. No previous land use decisions are related to the proposed territory and there are currently no pending decisions related to the site other than the proposed annexation; however, a pre-application conference was held on April 6, 2006 for an 11-lot subdivision on the site. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City: Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Chapter 18.320.020: Approval Process and Standards. PELISSIER ANNEXATION ZCA2006-10001 PAGE 2 OF 9 B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines "services" as water, sewer, drainage, streets, police, and fire protection. The proposed annexation territory is currently zoned R-7, a medium-density single-family residential zone with a minimum residential lot size of 5,000 square feet. The proposed territory would retain this zoning upon annexation. Water is available to the proposed territory in the 50-foot wide access and utilities easement at its western boundary. The nearest sanitary sewer line is an 8-inch line located in Wilmington Road and Hood Vista Lane. A storm line is also located in Wilmington Road and Hood Vista Lane. For streets, the City's Transportation System Plan (TSP) standards apply. The proposed territory is located approximately 850 feet north of SW Bull Mountain Road and less than 500 feet east of SW 133`d Avenue. SW Bull Mountain Road is designated a collector in the TSP. SW 133rd Avenue is designated a neighborhood route in the TSP. Currently, the proposed territory has access to SW Bull Mountain Road through a private driveway easement that is part of the Alpine View subdivision site. This driveway is the 50-foot wide access and utilities easement mentioned in the previous paragraph. If the site develops, it would be able to connect to Wilmington Lane and Hood Vista Lane, which are stubbed at the site's eastern boundary. The City of Tigard departments of Public Works and Police have reviewed the annexation proposal and have not raised any objections or indicated that there would be a lack of service capacity for the proposed territory or a significant reduction in existing City service levels. In addition, Tualatin Valley Fire and Rescue (TVF&R), which currently serves the proposed territory, reviewed and endorsed the proposal. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territor)L 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. Three Comprehensive Plan policies apply to proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on April 27, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the public right-of-way on SW Bull Mountain Road near the proposed territory. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (May 25, 2006, and June 1, 2006) prior to the June 13, 2006, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on May 22, 2006. In addition, the City maintains a list of interested parties PELISSIER ANNEXAMN ZCA2006-10001 PAGE 3 OF 9 organized by geography. Notice was mailed to interested parties in the West area on May 22, 2006, which includes former Citizen Involvement Team contacts and CPO 4B, the citizen participation organization for the area. Staff finds that this policy is met. Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. The proposed territory is currently zoned R-7, a medium-density single-family residential zone with a minimum residential lot size of 5,000 square feet. The proposed territory would retain the same zoning upon annexation. The site has an estimated maximum density of 12 units.Z If it develops, it will be required to connect to public service facilities, which staff has found to be available to the proposed territory. Based on the maximum density allowed for the proposed territory, the City of Tigard department of Public Works has reviewed the annexation proposal and has not raised any objections or indicated that there would be a reduction in its capacity to provide services to the proposed annexation territory or reduce the level of service to the entire City. The Police Department reviewed the proposal and indicated that the proposed annexation would have no negative impact on the capacity of police services. The Engineering Department reviewed the proposal and indicated than an 8-inch sewer line, a storm line and street access are available to the site. Tualatin Valley Fire and Rescue (fVF&R) also reviewed the proposal and did not raise any objections. TVF&R has stated that the proposed annexation would not impact the fire district because it is the current provider to the proposed territory. Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply: No capital improvements program requires a nonremonstrance agreement for this area. Urban services are already available to the proposed annexation territory. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The Tigard Urban Planning Area (as defined in the Wlasbington County - Tigard Urban Planning Area Agreement (UPAA), (adopted 1988, revised 2004) includes the proposed annexation territory. The City is the designated urban services provider for the services defined in the Tigard Urban Service Agreement (USA) (adopted 2002) and subsequent operating agreements: police; parks, recreation and open space; roads and streets; sanitary sewer and storm water (through an operating agreement 2 Maximum density was calculated using formula provided in Code Chapter 18.715. PELISSIER ANNEXATION ZCA2006-10001 PAGE 4 OF 9 with CWS); and water service. Upon annexation, those services will be provided according to the City's current policies. Staff finds that this policy is met. Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The proposed annexation territory is part of an island of unincorporated territory in Washington County. Annexing the proposed territory would reduce a 15.83-acre island of unincorporated territory north of SW Bull Mountain Road by 1.81 acres. b) Annexing the proposed territory will not create an irregular boundary because it is part of an island and already surrounded by the City. c) The City of Tigard Police Department has reviewed the proposed annexation and has no objections. d) The UPAA (1988; 2004) includes the proposed annexation territory within its Area of Interest. The proposed territory is contiguous to the City on three sides. The eastern boundary abuts Raven Ridge subdivision. Most of the western boundary abuts a privately owned parcel within the City of Tigard. To the west of this parcel is Three Mountains Estates subdivision. The southern boundary abuts the Alpine View subdivision, which City Council voted to annex on November 9, 2004. A small portion of the western boundary and the entire northern boundary abut privately owned parcels that are part of an island of unincorporated territory in Washington County. e) As staff's response to Policy 10.1.1 (a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Polio 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Washington County previously adopted City of Tigard zoning designations for unincorporated Bull Mountain due to the Urban Sem'ces IntegovernmentalAgreement (USIA) (adopted 1997; revised 2002) in which Tigard performs building and development services for the Bull Mountain Area on behalf of the County. The proposed annexation territory's Washington County designation was R-6 and was converted to Tigard's R-7 (Table 320.1 summarizes the conversion of the County's plan and zoning designations). Therefore no changes are required in the zoning designations for the Plan Area, as the current designations reflect City of Tigard designations. It should be noted that the USIA will be terminated effective July 20, 2006, in which case all unincorporated territory in the Bull Mountain Area will convert back to county zoning designations. PELISSIER ANNEXATION ZCA2006-10001 PAGE 5 OF 9 TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res. 5 units/acre R-4.5 SFR 7,500 sq. ft. Lose densirv 1-5 units/acre R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-1_2 units/acre R-9 Res. 9 traits/acre R-12 Multi-family 12 units/acre Med. density 6-1_' units/acre R-12 Res. 12 units/acre R-12 Multi-fwnilV 12 a nitslacre Med. density 6-12 units/acre R- 15 Res. 15 units/acre R-25 Multi-fanny 25 units/acre Medium-High density 13-25 units/acre R-24 Res. 24 units/acres R-25 Multi-fanihv 25 units/acre Mediunn-High density 13-25 unitsiacre Office Conunercial C-P Conunercial Professional CP Coniniercial Professional NC Neighborhood Coniniercial CN Neighborhood Conunercial CN Neighborhood Conuuercial CBD Conunercial Business CBD Conuuercial Business CBD Conunercial Business District District District GC General Commercial CG General Conunercial CG General Commercial INM Industrial I-L Light Industrial Light Industrials Chapter 18.320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, no changes to the zoning designations are required for the Plan Area, as the current designations already reflect City of Tigard designations. City of Tigard Community Development Code 2. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type N procedure, as governed by Chapter 18.390 of the Community Development Code (Tide 18) using standards of approval contained in 18.390.020(B), which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice; the City mailed notice on May 22, 2006, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 25, 2006, and June 1, 2006,) prior to the June 13, 2006, public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; PELISSIER ANNEXAMN ZCA2006-10001 PAGE 6 OF 9 ORS 222: State law (ORS222) allows for a city to annex contiguous land when owners of real property in the proposed annexation territory submit a petition to the legislative body of the city. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The property owners of 13273 SW Bull Mountain Road (WCTM 2S109AB, Tax Lot 300) have submitted a petition for annexation to the City. The proposed territory (Pelissier Annexation) is contiguous to the City on three sides (east, west and south) and is part of an island of unincorporated territory. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 25, 2006, and June 1:, 2006,) prior to the June 13, 2006, public hearing and posted the hearing notice at four public places on April 27, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the public right of way near the proposed territory. Staff finds that the provisions of ORS 222.120 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that the report is available 15 days before the hearing (May 30, 2006, for a June 13, 2006, hearing). Staff has determined that the applicable METRO regulations (Metro Code 3.09.040(b) &A) have been met based on the following dings- Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements UPAA (1988, 2004); and TUSA (2002). (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (1988; 2004) and TUSA (2002)). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. PELISSIER ANNEXAMN ZCA2006-10001 PAGE 7 OF 9 (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the boundary of the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place June 13, 2006. If the Council adopts findings to approve ZCA2006-10001, the effective date of the annexation will be July 13, 2006. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The TUSA (2002) includes the proposed annexation territory. The agreement specifies notice requirements for land use planning actions; the City provided notice of the proposed annexation to all applicable parties. The agreement states that the County and City will be supportive of annexations to the City, and the City shall endeavor to annex the Bull Mountain area in the near to mid-term (accomplished by 2005-2007, as projected in the TUSA). The proposed territory is part of an island of unincorporated territory in the Bull Mountain area. The proposed annexation is consistent with this agreement. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (1988; 2004) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The City also provided notice to the affected CPO (CPO 4B) per the agreement. The annexation proposal is consistent with this agreement. 3. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and PELISSIER ANNEXATION ZCA2006-10001 PAGE S OF 9 economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA, which ensures the timely, orderly, and efficient extension of public facilities and urban services. The proposed territory is adjacent to existing city limits and urban services are available to the site. Serving the proposed territory at maximum density will not significantly reduce existing service levels, as shown staff s findings for Code Chapter 18.320.020 B(1) on page 2-3 of this report. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 19.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. Chapter 18 of the City Code will apply to development of the property. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police and Public Works departments have reviewed the proposal and have no objections to it and have not indicated that the proposed annexation would reduce their capacity to provide services to the proposed annexation territory or reduce the level of City services. The City of Tigard Engineering Department reviewed the proposal and provided verbal confirmation that sewer and storm lines are available to the proposed territory. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed and endorsed the proposed annexation. Tualatin Hills Park and Recreation District, Clean Water Services, Metro, the Tigard/Tualatin School District, Metro Area Communications and the Washington County Department of Land Use and Transportation were provided the opportunity to review this proposal and submitted no objections or comments. 6 2- - Z do to P P RE E y Eng DATE Assistant Planner S-0, D~ REVIEWED B Tom Coffee DATE Community Development Director PELISSIER ANNEXATION ZCA2006-10001 PAGE 9 OF 9