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City Council Packet - 06/27/2006 . CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING June 27, 2006 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Don na's\Ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 0 - Added Consent Agenda 3.9 - 6-22-06 FTTIGARD CIT'Y COUNCIL MEETING ~ E 27, 2006 6:30 p.m. IGARD CITY HALL o~~~ 125 SW HALL BLVD IGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a futuxe 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 anv order after 7:30 12.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices fox the Deao. Upon request, the Ciry will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing unpairments; 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 norify 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 Deao. SEE ATTACHED AGENDA COUNCIL AGE-NDA - JUNE 27, 2006 page 1 AGENDA TIGARD CITY COUNCIL MEETING JUNE 27, 2006 G:301'M • EXECUTNE SESSION: The Tigard City Council will go into Execurive Session to evaluate the employment-related performance of the chief executive officer under ORS 192.660(2)(i). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION > Review Council Groundrules • Staff Information: Adinuustration > Discuss 99W Task Force • Staff Information: Community Development Department > Council Input for the Washington County Coordinating Committee Discussions - Countywide Gas Tax and Traffic Impact Fee ('I'IF) Increases 7:sa >>M 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITTZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce Representative • Follow-up to Previous Citizen Communication 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by morion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for May 23, 2006 COUNCIL AGENDA - JUNE 27, 2006 page 2 3.2 Approve Senior Center Lease Renewa12006-20010 3.3 Authorize Submittal of Two Proposals for Metropolitan Transportation Impxovement Program (M"l IP) Funding - Resolution No. 06- 3.4 Approve Budget Amendment #14 to the FI' 2005-06 Budget to Correct Budget Amendment #12, Which Incxeased Appropriations in the Communiry Services Program Instead of the Policy & Administration Pxogram - Resolution No. 06- 3.5 Approve the Intergovernmental Agreement with the Oregon Department of Transportation for the Transportation and Growth Management (TGIv) Grant to Prepare the Highway 99W Corridor Improvement and Management Plan 3.6 Revise the Membership of the Transportation Strategies Financing Task Force - Resolution No. 06- 3.7 Appoint Scott Libert and Karen Levear to the Library Board - Resolurion No. 06- 3.8 Local Contract Review Board: a. Award of 'Contracts for Right-of-Way Services on an As-Required Basis to Hanna, McEldowney & Associates and Right-of-Way Associates, Inc. 3.9 Authorize the Submittal of Applications for Federal Aid Available Through the Transportation Enhancement and the Oregon Bicycle and Pedestrian Grant Programs for Funding Sidewalk Improvements on Hall Boulevard Near Bonita Road - Resolution No. 06- and Resolution No. 06- • ConsentAgenda - Item.r Bemoved for 10arate Di.ccu.r,cion: Any item.c regue.rted to be rvmomd from the • Consent Agenda for separate discru,rion rvill be considend immediately after the Corrncil has voted on those items which do rrot need dzrcus.rion. 4. SUMMARY OF RESULTS - COMMUNITY ATTTTUDES SURVEY . • Staff Report: Community Development 5. REPORT ON TUALATIN VALLEY FIRE AND RESCUE COMMLJNITY ACADEMY • Mayor Dirksen and City Manager Prosser 6. CONSIDER AMENDING ORDINANCE NO. 06-04 - AN ORDINANCE ANNEXING 3.525 ACRES - APPROVING WILSON RIDGE NO. 2 ANNEXATTON (ZCA2005-00005) TO REPLACE EXHIBIT B WITH A CORRECTED MAP 'I'HAT MATCHES THE ADOPTED LEGAL DESCRIPTTON AND ADOPTED ORDINANCE • Staff Report: Community Development • Council Discussion • Council Consideration: Ordinance No. 06- COUNCIL AGENDA - JUNE 27, 2006 page 3 7. CONSIDER AN ORDINANCE AMENDING THE T'IGARD MUNICIPAL CODE (TMC) SECTION 7.52.100 TO REGULATE THE USE OF ALCOHOL IN SOME CITY PARKS • Staff Report: Public Works • Council Discussion • Council Consideration: Ordinance No. 06- 8. PUBLIC IIEARING (INFORMATIONAL) - FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 31 (SW O'MARA, EDGEWOOD STREETS) a. Open Public Hearing b. Declaxations or Challenges c. Staff Report: Engineering Staff d. Public Testimony: Proponents Opponents e. Staff Recommendation £ Close Public Hearing g. Council Consideration: Approve Resolurion No. 06- 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT i:\adm\cathylcca\2006\060627p.doc COUNCIL AGENDA - JUNE 27, 2006 page 4 STUDY SESSION AGENDA TTGARD CITY COUNCIL BUSINESS MEETING . June 27, 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 the employment- related performance of the chief executive officer under ORS 192.660(2)(i). All discussions aYe 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 Esecutive 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 > Discuss Council Groundrules Process • Staff Information: Acluvnistration > Discuss 99W Task Force • Staff Information: Community Development Department > Council Input for the Washington County Coordinating Comnuttee Discussions - Countywide Gas Tax and Traffic Impact Fee (TIF) Increases • ADMINISTRATIVE ITEMS • TVF&R lunch - 7/24 at the Tigard Station at noon. • New logo on monument sign - media event? • NLC - Reno - who plans to attend? • Open enrollment - would the City Council like Sherrie Burbank to meet with them? • 2006 LOC Awards Program (See attached) • Special City Council meeting - 7/6/06 at 6 p.m. - City Center Advisory Commission • 7/18 City Council meeting is now a business meeting • 7/25 meeting cancelled so City Council members can attend County Board of Commissioner Meeting in Hillsboro, 6:30 p.m. • Catherine West of Tualatin Resource Center to report to Council - requested five minutes on the Citizen Communication agenda item Council Calendar July • July 4 Tuesday 4th of July Holiday - City offices closed • July 6 Thursday Special City Council Meeting - 6 p.m. • July 11 Tuesday Ciry Council Business Meeting - 6:30.p.m. • July 18 Tuesday City Council Business Meeting - 6:30 p.m. • July 24 Monday Lunch at the TVF&R Fire Station in Tigard (Burnham Street) - Noon • July 25 Tuesday City Council Business Meeting Cancelled. Possible quorum of City Council to attend Board of Commissioners Meeting in Hillsboro; 6:30 p.m. (Washington County Public Services Building, 155 North t'irst Avenue, Hillsboro, OR) 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 clo.red to certain persons for deliberation on certain matters." 1'ermissible 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) - 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 commexce 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 standaxds, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff inember unless the affected person requests an open hearing. The standards, cxiteria 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, eschange or liquidation of public investments. 192.660 (2) (l:)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. i:Wdmkathykca ss\2006\080827ps.tloc . w,. L.~st,}l,,,'~es d~.pi"[ vLidrv Ctt. 3fOi i!1Fti ~73Y~ic`C'1:, SRCIiE1i115 Thz. 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Fs; tml ( ii' Wr Wc, i. • ~ MEMORANDUM TO: Mayor and City Councilors Craig Prosser, City Manager FROM: Gus Duenas City Engineer RE: Countywide Gas Tax and Traffic Impact Fee Increases DATE: June 19, 2006 The Washington Counry Coordinating Cominittee is seeking input on whether or not the County should seek an increase in both the Countywide gas tax and the Traffic Impact Fee (TIF). The ciries in Washington County have been asked to discuss the possibiliry of Countywide gas tax and TIF increases with their Councils and provide the Cominittee with their preference for each at the next Coordinating Cominittee meeting on July io, 2006. Countywide Gas Tax Increase versus City Gas Tax Attached is a memorandum dated October 20, 2006 comparing a Countywide gas tax increase with a local City gas tax. The results of that comparison and additional points to consider are summarized below: Countyivide Ga,r Tax • Current City revenue from the 1-cent County gas tax is $160,000 • Tigard's anticipated revenue from a 3-cent increase (1-cent tax to 4-cent tax): $480,000 • County Board of Corruiussioners policy at this time is to submit to a vote any measure that may be subject to referral. This measure most likely would be submitted to the voters for approval, and it may be submitted fox less than the 3-cent tax increase assumed above. City of Tigard Ga.r Tax • Anticipated revenue from a 3-cent local gas tax (recommended by the Transportation Financing Strategies Task Force): $900,000 • Does not need to be submitted to voters. Could be approved by Council. • Council and the Task Force expressed a preference that the local gas tax be tied to high priority projects (primarily on Highway 99W) for unplementation. 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L Aolit`,7g:i;.Fu `+it!?lill:{ti_'4 tA#:. t;?i?7731i::tifY 7;.'lc':tl':'{l :i:Tot17. tht Fct!ik F{lt't'l tttt'tl:ixi`i'S: ~ LA:#`t"Ii I'fOS7.[Ltyi Ml5M C±t?27TY5ii315 h:i1 Ciie 2 i;t'€3ti,titri'S Is{ilS far;+ht)i"I-. t.~l ~ L`e,tfi[it'Ldlt,', 4'{'.4 lui' LhiiiC'itiild bt. a?3(},3Cd E(} R i.joi' pYctc'{;L4, St3Cit ay k#,SpC<rVe5l2C31tS M n!r7! 3.dtiun i,, rou::i, Mrst3'ui~l, t t t !~:x ~ r* : i;' 1..trca; t~aw i~nx sx<.`! 2 v;.~, . : , ~ CITY OF TIGARD Engineering Department ShapingA Better Community MEMORANDUM CITY OF TIGARD 13125 SW Hall Bivd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-624-0752 TO: Mayor and City Councilors Craig Prosser, City Manager FROM: Gus Duenas City Engineer DATE: October 20, 2005 SUBJECT: Countywide Gas Tax Increase ar Local City Gas Tax The WCCC (Washington County Coordinating Committee) is discussing the possibility of increasing the Countywide gas tax from 1 cent to 3 cents per gallon. The discussion was spurred by the King City initiative to put a 2-cent gas tax on the ballot for the November election. The group is trying to get feedback from the various jurisdictions as to the level of interest in a Countywide tax as the primary approach, instead of local gas tax adoption by the cities in the County. Attached is an article published in the Oregonian regarding the Committee's discussions so far. The WCCC will be discussing the matter again at the November 7, 2005 meeting, and presumably in future meetings after that. The Committee has asked for initial input from the various jurisdictions by November 7ih on the level of interest in a Countywide gas tax, and whether or not that should be the approach taken instead of individual City local taxes. Council discussion and input on this issue is scheduled for the Council meeting on October 25, 2005. City Council has already heard a recommendation for a local gas tax from the Transportation Financing Strategies Task Force. This Task Force explored various financing options for transportation projects and recommended (at the July 26, 2005 Council meeting) implementation of a 3-cent local gas tax. Based on 14 service stations with the City limits, the projected annual revenue is approximately $900,000. The Task Force further recommended that the local gas tax be adopted once high priority projects have been identified-projects that would excite the City residents and receive broad community support for creation of a new * W:"'.:tjd tt` Il':`i= h l,x:;ICC tii 311:tke a St 1:ai i'oI7Y?i;c=.liatl ai3d :tit :'il:it.`ttti ixC'3it'd :itt:`:Et ft'sQ '3rc a'Ebx. * ":ti;tt t.( tt?.C; i 1S, tw ?tdtY be p£tidti} 2't':.'3UI1't3l i7 1;:fil' p:itivE7i_; t[lt'oIf,'fl € SL,;lttl f£fi"a{ e;l.2.i:ze i2:s t4'ES:t11,z t,: iEaVe :t1 ;t[liy I1`a1' 1h.' bllCdk'?I il(lilk' lii`ti. ~ lbc;1'c it+. .Yl:i'i.'iidV i x.t,i<7It'..}123 ±n (5€w117c, .ili+.511s-;: f )t . t:<i4 si SttO7;'S. 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He supports a local gas tax targeted at congestion relief of Highway 99W. • Gretchen Buehner, Task Force Chair, feels a Countywide tax would not provide benefits at the local level. She also comments that it does not make sense for the County to consider a gas tax increase while contemplating a MSTIP 4 for major improvements. • Cam Gilmour (Task Force member and also Clackamas County Transportation and Development Director) feels the City should move forwa.rd with the local gas tax proposal directed towards specific improvements and deal with the Countywide tax increase issue if the County proposal actually materializes. The following are some of the advantages and disadvantages associated with the two approaches to raising revenue through a gas tax: Countywide Tax Increase Advantages • Would present a united front throughout the County with both the County and the cities supporting its passage. • Would provide a level of consistency throughout the County, instead of application in some cities and not others. • Would provide additional revenue ($320,000) that is currently not available. Disadvantages • Based on a 2-cent per gallon increase in the tax, would raise an additional $320,000, which is only about one-third of what a City gas tax would raise. • Potentially less local control on the selection of specific projects for implementation. • Jurisdictions have varying needs with some needing more than others. Some jurisdictions need it for street maintenance while others need the revenue for street improvement projects. • Would be placed before the voters (as stated by the WCCC chair) instead of adoption by the Board of Commissioners. • May be difficult to make a local connection sufficient to excite voters and assure passage City Gas Tax Advantages • A local gas tax need not go to the voters for implementation. • Can be tied to specific high priority projects within the City. . Memorandum to Council - Countywide Gas Tax or City Local Gas Tax Page 3 of 3 Ltic 7C,_SL , ~~c~ - Cs ~y CITY OF TIGARD, OREGON ~z,~~ TIGARD CIT'Y COUNCIL RESOLUTION NO. 06- A RESOLUTION ESTABLISHING A CITIZENS ADVISORY COMMITTEE FOR THE PREPARATION OF THE HIGHWAY 99W CORRIDOR IMI'ROVEMENT .AND MANAGEMENT PLAN THROUGH THE TRANSPOR'I'ATION AND GROW'I'H MANAGEMENT PROGRAM AND APPOINTING MEMBERS TO°THE COMMITTEE. „i ~ ~ WHERFAS, on May 24, 2005, the City Council au'~tli~onzed the submittal of a proposal for a Transportation and Growth Management (TGl~ grant for' the prepararion;,;of the Highway 99W Corridor Im rovement and Man d;~"~~~ p agement Plan; an ~ i ~ . I i iiii J t r! WHERFAS, the proposal included establishment of ~ a,,, cltizens advisory commi'ttee to guide the prepararion of the Plan; and ; !i;;j ,i•i, it:ir; u.~~i: WHEREAS, the requested TGM grant was a'warded to the City'dunng August of 2005; and WHEREAS, a project consulting firm has been selected to prepare the plan; and „ WHEREAS, individuals1rei!preseriting,several community inters have expressed a willingness to serve I ~rruruttee. on a citizens advisoryd4co i NOW, THEREEORE, BE IT RESOI;VED by the Tigard"Ciry Council that: i , . SECTIQN 1: The Highway 99W Corridor Improvement and Management Plan Citizens Advisory i Committee "is hereb~Y,~ established to guide the preparation of the Plan. Its mem i~,'~,'.'i, ~i ,~!-or."bershtp shall consisff those individuals listed on the attached Exhibit ccA.» SECTION 2: The mission of~tlie Citizens Advisory Committee is to: (1)?;Review andcomment on draft plan materials prepared by the project consultant; (2) Gu'tdeG~;t11e~' preparation of the plan to ensure that the proposed plan meets !~:!i~l~l~ ,;~u.~ community needs; and (3) Pro'ote public understanding of the proposed plan. SECTION 3: The Citizens Advisory Committee shall: (1) Parricipate in up to six meetings conducted by the project consultant; and (2) Paxticipate in three open house meetings at the completion of project milestones to provide the public with an opportunity to review the progress of the project and offer comments; and (3) Consider comments received by the public; and RESOLUTION NO. 06 - Page 1 a~ (4) Present findings and recommendations to Ciry Council upon completion of the draft plan. SECTION 4: The City Engineer is assigned as staff liaison to the Citizens Advisory Committee. Other City staff will be used to support the Committee's activities as deemed necessary throughout the entire process. !r~. SECTION 5: This resolution is effective immediately upon passag PASSED: This day of 2006: . , li~.,,,~ :riilC~;. '.,i4;9,•. Mayor - Cityof:Tigard ATTEST: . ,r . .~a.. , _ Iir r i ' t r. ~ill.~i 11 ' :t~ 1 City Recorder Ciry:of Tigard . ;;ii~ • I'.. . i ;il•,° RESOLUTION NO.O6 - Page 2 EXHIBIT A Highway 99W Corridor Improvement and Management Plan Citizen Advisory Committee Rex Caffall, Planning Commision Paul Owen, Transportation Financing Strategies Task Force ~ Ken Henschel, CPO 4B " to be recruited, King City to be recruited, Tigard Chamber of,Commerce'` to be recruited, Resident to be recruited Biking Advocate to be recruited, Public Transportation~'Advocate to be recruited at large ~ I:\angNwy BBw tgm plen\7•17-06 cac fortn res.doc .I i 1 i11 . I ~li i. i 7, ~I yt 4~. i~II''lllll 'III I; I I~I I ~I. I . .Ii~~•` ~ I I ~ I~~;;I~I;;~~:I•„ i~,::iij, ,r.l. ~li''y'!;;•, ~;',':i I~i .nab i~..,.. Ccle.,: ~il!i•~p .;i°~ ~pl.ijI~~ . RESOLUTION NO. 06 - Page 3 - Agenda Item No. For Agenda of j4vew a406 I A Tigard City Council Meeting Minutes Date: June 27, 2006 Time: 6:00 p.m. Place: TigaYd City Hall, 13125 SW Hall Boulevard ° Tigard, Oregon Attending: Mayor Craig Dirksen Pxesiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff enda Item Discussion & Comments Action Items follow u Study Session > Discuss Council Groundrules Process City Manager Pxosser advised that the Council City Council will review Groundrules are to be reviewed annually. Council groundrules from other cities. received a packet of information regarding Mayor Dirksen requested that if groundrule language from other cities for the Council Council members see membexs to use as a resource. something of interest in these other groundrules, then The discussion of the Council groundniles is highlight and bring forward to scheduled for the July 11 City Council Study Session, the discussion on July 11. with adoption on July 18. Councilor Woodruff asked if anyone was aware of any issues experienced with the current groundrules. Councilor Sherwood said that she had an eaclier issue because she was told when she came on Ciry Council that items on the Consent Agenda should not be pulled at the meeting; if items were to be pulled then this should be done 24 hours in advance so others had a chance to investigate. However, Councilor Sherwood noted this is not stated in the groundrules. City Manager Prosser confirmed that this was not in the groundrules. Mayor Dirksen said this is something that could be discussed by the City Council on July 11. City Attorney Ramis, in xesponse to a quesrion from Councilor Woodruff, advised that the Tigard City Council groundrules are within the range of typical groundrules established by City Councils; in fact, the Ti d Council a ears to need less than some of the Tigaxd City Council Meeting - June 27, 2006 Page 1 enda Item Discussion & Comments Action Items follow u other cities. If there is a history of acrimony, the groundniles document starts to become longer. > Discuss 99W Task Force City Engineer Duenas advised staff will come back to City City Engineer Duenas distributed a draft resolution Council with a resolution fox establishing a Citizens Advisory Committee for the considerarion. After discussion, Preparation of the Highway 99W Corridor City Council members agreed Improvement and Management Plan (Plan) and that members would be selected appointing members to the committee. He said the through the Mayor's mission of the comrnittee is to guide the preparation Appointment Advisory of the Plan, review the project with a consultant, Coininittee process. attending meetings, and open houses. (Nlission is outlined in the proposed resolution.) Once the draft plan is done the Committee will present the recominendations and itnclings to the City Council. City Engineer Duenas noted staff did not recommend that this cominittee be formal; i.e., no quorum needed for meetings. City Engineer Duenas advised the staff is hoping for a representative sample of stakeholders serving on the Conunittee. He refexred to a suggested membership (Exhibit A). Planning Comrnissioner Caffall and Transportation Financing Strategies Task Force member Owen have volunteered to serve on the Coirunittee. Staff still needs to ask CPO 4B member Ken Henschel if he will serve. Mr. Henschel was approached previously by an ODOT Yepresentative and Mr. Henschel was receptive at that time to serving as the CPO 4B representarive. City Engineer Duenas asked fox Council suggestions for additions or deletions of the groups to be represented on the Conunittee; keeping it to about nine or ten members. Councilor Wilson said someone representing the 99W corridor interests should be on the Cotmiuttee. Councilor Sherwood suggested that this could be the Chamber of Commerce representative. She also noted there should be an uneven number of members. City Engineer Duenas advised he has talked to the President-Elect and the Executive Director for the ChamUer of Commerce and they are looking for someone to represent them. City Manager Prosser noted that to arrive at an uneven number, two at-large members could be appointed. In response to a question from Councilor Woodruff, City Engineer Duenas advised that the Plan is expected to take 12 months to prepare. At this time, staff is waitin for the Inter overnmental A eement Tigard City Council Meeting - June 27, 2006 Page 2 enda Item Discussion & Comments Action Items follow u (IGA) to be approved in Salem. The City Council has the IGA before it for consideration of approval later tonight in the Business Meeting. We have not received the ftnal document; but, once it arrives staff would like to be authorized to have it signed so there is no delay. City Engineer Duenas reviewed the process for review and that there would also be a Technical Advisory Committee assigned to this project. City Engineer Duenas will be the project manager representing the City. Ross Kavlin will be the project manager from ODOT. Interim Community Development Director Coffee advised the land use component would be supported by staff from Long- Range Planning. City Engineer Duenas advised he would be pulling in people as needed for review and discussions. . There was discussion about a Highway 99W community meeting that was held and a suggestion that someone who attended might be interested in serving on the coiYUnittee. Councilor Wilson noted his support for a couple of at-large members. City Engineer Duenas advised he heard from Volunteer Coordinator Bob Roth that Sue Carver might be interested in serving on the Comnuttee. Mayor DiYksen noted that Ms. Carver is a member of the Coinmittee for Citizen Involvement (CCI). Interun Community Development Director Coffee advised the resolution would make it clear that once the task has been completed, the Conunittee would no longer exist. In response to a question from Councilor Woodruff, City Engineer Duenas advised that Metro will be involved in the Technical Advisory Comnittee (TAC), but not in the citizen conuiuttee. City Manager Prosser advised that staff needs to know from the City Council if inembers are comfortable with this direction and the suggested makeup of the cominittee if a representative from the Highway 99W and another at-large member was added. Consensus of City Council was in agreement. . Councilor Sherwood suggested that someone from the Grocers Association be asked to attend. Ci Tigard City Council Meeting - June 27, 2006 Page 3 enda Item Discussion & Comments Action Items follow u Engineer Duenas agreed this would be nice. Councilor Sherwood suggested Joe Gilliam be contacted and have it explained to him why they should get involved. • City Engineer Duenas advised that TriMet will be involved in the TAC. City Engineer Duenas noted that a representative advocating public transportation (mass transit) will be included in the citizen cominittee. Councilor Harding suggested that someone from Sherwood be contacted to fill an at-large representative position. She said that particular section of the corridor impacts their city quite a bit. Intexim Community Development Director Coffee said this does raise the question of how far afield we want to go outside of city residents. Councilor Wilson noted he was also thinking about someone from King City. Councilor Harding noted that this section of the highway unpacts all those neighboring cities. Discussion followed. The scope of the study is from Durham Road to the I-5 Interchange. No direction was given to add other city representarives; however, Interim Community Development Director Coffee noted that nothing would prevent them from participating in the process. Othex cities will be contacted so they are aware of the study so they can send public comment if they want to do so. Councilor Harcling commented that most of the citizens in Tigard know the back roads and avoid a lot of that section of Highway 99; probably moxe people from Sherwood traverse Highway 99W through Tigard than anyone who lives in Tigard. Council Input for City Engineer Duenas referred to two memos City Council prefers local d-ie Washington distributed to the Ciry Council: taxes and fees over county- Counry wide taxes and fees; this Coordinating 1. Dated June 19, 2006, regarding the Countywide would allow the City to Conunittee Gas Tax and Traffic Impact Fee Increases target a fund specific Discussions - 2. Dated October 25, 2005, Countyvvide Gas Tax Countywide Gas Increase or Local City Gas Tax projects. If a countywide Tax and Traffic funding measuxe is Impact Fee (TTF) The next Washington County Coordinating implemented, the City would Increase Coiruiuttee (WCCC) will be on July 10. The cities in like to receive a share. Washington County have been asked to discuss the possibility of a Countywide gas tax and TIF increases with their Councils and provide the Coinmittee with their preference. The County has indicated they would o out to a vote before im lementin a Coun Tigard City Council Meeting - June 27, 2006 Page 4 enda Item Discussion & Comments Action Items follow u gas tax. City Engineer Duenas advised that the question is: Do we want to go with a local gas tax? The Transportation Task Force is recommending a local gas tax because the revenue received can be tied to projects. City Engineer Duenas noted that the City is considering projects such as the Greenburg Road intersection. Councilor Harding advised there are three representarives at the WCCC who are concerned with fairness. At the July 10 WCCC meeting, there is supposed be a formula based on variable percentages, rather than just diwyuig it up to the cities. Councilor Harding noted that if the percentage is palatable, then it might be better to support the Counlyaride gas tax - it might be easiex to pass. She said that the question is: How do they want to diwy it up? Councilor Harding advised that if it is just split equally among cities, it doesn't make sense. Councalor Wilson asked if we needed to go for a vote for a gas tax. There was agreement that the Council could forward the question of a gas tax to a vote or it could be unplemented by City Council action. Mayor Dirksen said, "we'd have to discuss whether we want to do that." City Manager Prosser and Mayor Dirksen made comments that if the City Council approved a gas tas, it would be subject to referral to the voters. City Engineer Duenas added that previous City Council discussion was that a gas tax should be targeted to a project or pxojects that "will really get people excited." There was discussion on funding of the Highway 99W improvement projects that will be identified. Councilor Harding noted that the gas tax would not be sufficient to "fix 99." City Engineer Duenas advised that Hall/99W is a County pxoject. Greenburg, with Main Street and 99W would follow this and if this project could be done, then this would make the whole area lot better. Interun Community Development Director Coffee asked when the County wanted to make a decision on the gas tax matter. City Engineer Duenas advised the County is still having discussions; they have requested input from the City. Councilor Wilson asked if the vote would be two ears out? Ci En i eer Duenas Tigaxd Ciry Council Meeting - June 27, 2006 Page 5 enda Item Discussion & Comments Action Items follow u confirmed that it would not be uYUiiediate. Councilor Harding said, "they want to spend a $130,000 doing surveys and asking questions and doing all kinds of background..." Councilor Harding said that it is a"small little band aid compared to the whole picture when you look at countywide - what needs to be done." She said the revenue that would be generated would be marginal. Councilor Wilson said, "I would just say too litde, too late..." City Engineer Duenas advised he was fairly certain the Task Force would be coming back to the Task Force, possibly in August, with a recommendarion and a project. Councilor Harding confitmed with the City Council that the City's position at WCCC on July 10 is: The City of Tigard would prefer a local tax versus a countywide gas tax. , Mayor Dirksen asked what would happen if the County and the City both passed a gas tax. City Engineer Duenas said the City would get more revenue. Ciry Engineer Duenas added that he suspected that the County gas tax proposal would not be much of an increase if they decide to go to voters; he said he was thinking they might consider two cents - three at the most. Each cent would "get us $160, 000," advised City Engineer Duenas. Councilor Harding said that we have to be careful in that it is not that the City does not want to pardcipate or be involved. If the City is more supporrive of a local gas tax, then "you don't want to be coming across as saying we are going to double tas our citizens and then having credibility, trust, and accountability issues. So, we've got to be careful how we structure things and make sure that what we have is going to have viable xesults and going to be worth it in the pocketbook to citizens." City Engineer Duenas said that he thought it could be slid that the local gas tax could be targeted to a local project, which people could support. Mayor Dirksen asked if the Council was comfortable with the idea if instituting this by an ordinance as opposed to going to a vote? Councilor Sherwood said she would like to see a sunset on a gas tax proposal with it tied to a project. When people see diat a project has been completed with the tax that was approved, then "you can come back again and sa ...we need ou to a rove this one." Ci Tigard Ciry Council Meeting - June 27, 2006 Page 6 enda Item Discussion & Comments Action Items follow u Manager Pxosser advised that he did not think that the Task Force was at the stage of recommending a method of adoption; i.e., Council action or citywide vote. Mayor Dirksen said that when the Ciry Council discusses this with the Task Force that they be asked their opinion. If the gas tas was approved by ordinance, a public process would need to be followed, including public hearings. Mayor Dirksen said that the City Council would need to ask the Financing Strategies Task Force and other citizens who have been vocal about streets to step up and be supportive. City Engineer Duenas said there would ' be "very public process to get it adopted." Councilor Woodruff said that this is not the best time to increase gas prices. Mayor Dirksen said that on the other hand it might be argued that three cents per gallon would not be noriced. Councilor Wilson said he appreciated everyone's sensirivity to the voters; however, the City just finished a survey and all of the surveys show how concerned people are about traffic congestion. When you have die confidence about what people want, he said he would not be overly concerned. Councilor Sherwood agreed with Councilor Wilson but reiterated that it needs to be tied to a project so people know there is going to be a sunset on the tax once two or three projects are completed. She said that if people like what is being done, similar to what the experience was with the MSTII' pYOjects, then additional projects could be targeted. City Engineer Duenas advised that he believed the Task Force's earlier recommendation was to have the gas tax be instituted for a five-year period, with one or two projects. He noted that the estimate for the Greenburg Road project is $3.5 million and it will take a few years to accumulate that amount of money. City Manager Prosser confv.med that in tertns of the input to the WCCC, it sounds as if the message is that we would clearly prefer a local gas tax. If the County does go ahead with a gas tax, the Ciry would like to receive a share. City Engineer Duenas advised that a City transportation system development charge (SDC) is being reviewed. In response to a question from Mayor Dirksen City Engineer Duenas confirmed that the City does not charge a traffic impact fee any lon er, because the SDC rocess now exists. Ci Tigard City Council Meeting - June 27, 2006 Page 7 enda Item Discussion & Comments Action Items follow u Engineer Duenas said he also believed that the County would also have to do transportation SDC because of legislation. City Engineer Duenas said he talked to Steve Kelley at Washington County and part of the County's concern is that if they go out as a County, would the cities be covered. This question needs to be answered. The County wants cities' input whether it is worthwhile for them to go out to get an incxease in the Countyvvide TTF - whichever way they go. Councilox Sherwood commented that this is a double-edged sword; added fees affect availability of affordable housing. City Engineer Duenas said the City is in the initial stages of looking at City transportation SDC, and we will want to do a study to determine what can be charged. Right now, the TTF captures about 20 percent of the impact from a development. City Engineer Duenas said, "We feel there is a lot more impact that should be captured." However, this does increase the price of housing. Councilor Shenvood said a couple of years ago, she heard that a house valued at $200,000 in Beaverton was charged $23,000 in fees. City Manager Prosser wondered if the price of the house is set at what the market can bear; i.e., is the housing price market plus fees or is it market and the fees come out of the developer's share? City Attorney Ratnis said that from a legal perspective, in looking at what percentage of the needs you are recapturing from SDC, you would also have to add to it what you are capturulg fxom conditions that you put on subdivisions and other projects. City Attorney Ramis advised that you cannot charge a true 100 percent SDC and then continue to condition people to build infrastructure. Mayor Dirksen said this matter was worth looking at and that he thought new development should support the burden that it places on the infrastructure. If only 20 percent of the burden is being captured, this means "the rest of us ate picl:ing up the rest of the tab." Councilor Wilson sud this also applies to a development such as a Walmart or Washington Square expansion - and then it is instant traffic. City Manager Prosser said, again, the question for right now, is do we want to continue down the path of looking at a City transportarion SDC, or are we more interested in working with the Counry doing a Coun 'de TIF or SDC? Ma or Dirksen said he Tigard City Council Meeting - June 27, 2006 Page 8 enda Item Discussion & Comments Action Items follow u was always more in favor of local control. Councilor Sherwood noted concerns of getting only a litde back of what the local area gives when collected Countywide. City Manager Prosser then confirmed with the Council that to both issues being discussed by WCCC, is that the Ciry would pxefer local. Councilor Woodruff said that, while he has said this many times he again emphasized we must show people we are spending the money we're collecting with the SDC's. He noted this was very important with the parks; we need to publicize how these increased funds are benefiting the community it's not just going into the bank. Councilor Harding said this is the type of announcement that the "Did you knov~" column needs for the City.rcape. She said it was her intent when she bxought this to the attention of staff to update citizens regarding how tas dollars are being spent to benefit the communiry and how the City is demonstrating accountability. City Engineer Duenas also noted project signs are posted to announce when a project has been funded and completed. Study Session - City Manager Prosser reviewed with the City Council the Adinuvstrative following: Items • TVF&R lunch far the City Council at the Burnham Street Fite Station on Monday, July 24, at noon. Mayor Dirksen, Councilor Harding, Councilor Sherwood, and Councilor Woociruff advised they plan to attend. • Ci ty Manager Prosser advised the new logo is ready for the Tigard Triangle monument sign. City Council discussed whether there should be an unveiling ceremony. Mayor Dirksen, Councilor Sheswood, and Councilor Harding commented they would rather wait for a ceremony until one of newly constructed entrance monuments is done. Mayor Dirksen also said he would like to see Tigard Triangle monument signs at more entrances to the Triangle area. He listed as examples, a sign at 72nd Avenue (across from Fred Meyer), and a sign at 99W and Dartmouth (going down the hill towards Costco). City Manager Prosser said he has talked to Public Works Director Koellermeier about exploring this. Councilor Wilson noted the current sign is near Lowes and was a condition of development; as more property develops, perhaps a similar condition could be required. Mayor Dirksen said there mi ht not be the o ortuni for Tigard City Council Meeting - June 27, 2006 Page 9 enda Item Discussion & Comments Action Items follow u such a condition, depending on where we want to place the signs. • The National League of Cities has opened the pxe- registration for the Reno conference in early December. It is less expensive if we pre-register. Funds are budgeted for three City Council members to attend. After brief discussion, noting this was an election year and it might be good to send newly elected officials, City Manager Prosser confirmed that three spaces would be reserved. • Senior Human Resources Analyst Burbank can assist any City Council members with the online open enrollment process if needed. • 2006 League of Oregon Cities awards are open for nomination. Mayor Dirksen said he would like to nominate the new neighborhood program nest year, once it is in place. City Manager Prosser reviewed the types of awards available. Deadline for submitting entries is August 1. City Manager Prosser asked City Council member's to let staff know of any program they would like to submit to LOC by July 11 so staff will have time to put the application together. Mayor Dirksen noted that some of the awards are to honor people. • Special Ciry Council meeting is scheduled July 6, 2006, at 6 p.m. • The July 18 workshop meeting is now a business meeting and die July 25 business meeting has been cancelled so the City Council can attend the Washington County Board of Comnussioners meeting regarding Bull Mountain. • Catherine West of the Tualatin Resource Center would like to report to the Ciry Council and she has xequested five nunutes on this evening's Citizen Communications agenda item. Councilor Harding noted the Tualatin Resource Center is at the old Tualatin Elementary School and houses the "coat closet" and also sponsors healthcare. Executive Session City Manager Prosser announced the ORS citation for a Ciry Council Executive Session. The Tigard City Council went into Executive Session at 7:02 p.m. to evaluate the employment-related pexformance of the chief executive officer under ORS 192.660(2)(i). Tigard City Council Meeting - June 27, 2006 Page 10 enda Item Discussion & Comments Action Items follow u Executive Session concluded at 7:32 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Boaxd to Order at 7:36 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harcling, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Cirizen Catherine West, Director of The Tualatin Resource Communication Center ('I'RC) reviewed services offered by TRC. An outline of these services was distributed to the City Council and is on file in the City Recorder's office. Ms. West reviewed statistics of the services accessed and number of people assisted. All services are free and 91 percent of the TRC clients who were surveyed indicated they found needed resources. Ms. West said she is seeking to get the word out so more people axe aware of the services offered by TRC. She announced the TRC address and telephone number: 19945 SW Boones Ferry Road, Tualatin; 503-603-1585. Councilor Sherwood advised Ms. West to track clients by zip code, which would be helpful when applying for grants and integrating with other agencies. The TRC faciliry is temporary. Bus service is a problem since the bus that travels by TRC is an express bus. The TRC is financed through government funding and grants. TRC prepares a service resource guide and a copy is available at the public library. 3. Consent Mayor Dirksen Yeviewed the items listed on the Consent Motion by Councilox Agenda Agenda. Councilor Harding noted the May 23, 2006 Harding, seconded by minutes clarify that the City Council directed staff to set Councilor Wilson, to the default setting for computers in the adult library so a rove the Consent Tigaxd City Council Meeting - June 27, 2006 Page 11 enda Item Discussion & Comments Action Items follow u the adult Internet filter is automatically activated. The Agenda. City Council was not aware there was an option to choose the automatic filter at the time the Washington The motion was approved by County Cooperative Library Service agreement for a unanimous vote of Council Internet services was approved on Apri125, 2006. present. 3.1 Approve Council Minutes for May 23, 2006 3.2 Approve Senior Centex Lease Renewa12006-2010 Mayor Dirksen Yes 3.3 Authorize Submittal of Two Proposals for Councilor Harding Yes Metropolitan Txansportarion Improvement Program Councilor Sherwood Yes (1VT1"II') Funding - Resolution No. 06-37 Councilor Wilson Yes Councilor Woodruff Yes RESOLUTION NO. 06-37 - A RESOLUTION AUTHORIZING CITY STAFF TO SUBMIT Mayor Dixksen welcomed METROPOLITAN 'I'R.ANSPORTATION new Libxary Board member IMPROVEMENT PLAN GRANT PROPOSALS Karen Leveax and presented TO METRO FOR MAIN STREET heY with a City pin. (See IMPROVEMENTS AND T1tANSIT CENTER item 3.7) MASTER PLt1NNING 3.4 Approve Budget Amendment #14 to the FY 2005-06 Budget to Correct Budget Amendment #12, Which Increased Appropriarions in the Community Services Program Instead of the Policy & Aciniiiustration Program - Resolution No. 06-38 RESOLUTION NO. 06-38 - A RESOLUTION APPROVIIVG BUDGET t1MENDMENT NO. 14 TO THE FY 2005-06 BUDGET TO CORRECT BUDGET t1NENDMENT #12, WHICH INCREASED APPROPRIATIONS IN THE COMMUNIT'Y SERVICES PROGRAM INSTEAD OF THE POLICY & ADIvIINISTRATION PROGRAM 3.5 Approve the Intergovernmental Agreement with the Oregon Department of Transportation for the Transportarion and Growth Management (TGIV) Grant to Prepare the Highway 99W Corridor Improvement and Management Plan 3.6 Revise Membership of the Transportation Strategies Financing Task Force - Resolution No. 06-39 RESOLUT'ION NO. 06-39 - A RESOLUTION APPOINTING A CURRENT PLANNING CONIIv1ISSION MEMBER TO SERVE ON THE TRANSPORTATION FINANCING S'I"1tATEGIES TASK FORCE REPLACING A FORMER COMIvffSSION MEMBER Tigard City Council Meeting - June 27, 2006 Page 12 enda Item Discussion & Comments Action Items follow u 3.7 Appoint Scott Libert and Karen Levear to the Library Board - Resolution No. 06-40 RESOLUTION NO. 06-40 - A RESOLUTION MAKING THE FOLLOWING APPOINTMENTS TO THE LIBRARY BOARD: SCOTT LIBERT TO A FOUR-YFAR TERM AND KAREN LEVEAR AS THE ALTERNATE FOR A TWO- YEAR TERM 3.8 Local Contract Review Board: a. Award of Contracts for Right-of-Way Services on an As-Required Basis to Hanna, McEldowney & Associates and Right-of-Way Associates, Inc. 3.9 Authorize the Submittal of Applicarions far Federal Aid Available Through the Transportarion Enhancement and the Oregon Birycle and Pedestrian Grant Programs for Funding Sidewalk Improvements on Hall Boulevard Near Bonita Road - Resolution No. 06-41 and Resolution No. 06-42 RESOLUTION NO. 06-41 - A RESOLUTION AUTHORIZING THE SUBMITTAL OF A TRANSPORTATION ENHt1NCENIENT FEDERAL AID APPLICATION TO PARTIALLY FINANCE THE CONSTRUCTION OF SIDEWALK IMI'ROVEMENTS ON HAT•T• BOULEVARD NEAR BONITA ROAD RESOLUTION NO. 06-42 - A RESOLUTION AUTHORIZING CITY STAFF TO SUBMIT AN OREGON BICYCLE AND PEDESTTtIAN PROGRAM APPLICATION FOR SIDEWALK INIPROVEMENTS ON IIALL BOULEVt1RD NFAR BONITA ROAD 4. SUMMARY Interun Community Development Director Coffee OF RESULTS - introduced this agenda item and John Campbell of Riley COMMUNITY Research. The wYitten results of the 2006 Community ATTITUDES Baseline Survey and the Verbatim Appendix are on file in SURVEY the City Recorder's office. A copy of the PowerPoint presentation is also on file in the City Recorder's office. This item was also reviewed for the City Council at its . June 20, 2006, City Council meeting. Interim Community Development Director Coffee noted that staff would be following up with information on how the City of Tigard responses compare to responses of citizens from other communities who responded to similar surve s. Tigaxd City Council Meeting - June 27, 2006 Page 13 enda Item Discussion & Comments Action Items follow u Councilor Woodruff noted the City Council received an inquiry from a resident regarding the "whys" for some of the responses. He said he was assuming this was not part of the consultant's charge. Interim Community . Development Director Coffee confirmed this was not part of the contract's scope of services. He recognized this was a valid observation of the limitations of this study. Interim Community Development Director Coffee said he is scheduled to meet with this resident later in the week to find out moxe about his concerns. He advised that the Comprehensive Plan update will provide an opportunity to get into issues now that they have been identified. Whether or not we do another survey is something that will need to be discussed. There will be other ways of fmcling out the "whys" of the reasons people chose the responses they did. Councilor Harding noted that sometimes the addition of one or two questions will make it a litde cleaxer as to why an answer is given. She sud that in some regard the questioning was a litde too short on certain topics and it would benefit us to follow up. Councilor Harcling said there have been a number of fYagmented surveys and she supports a survey that really gets a true pulse of the community and is a report card - not just to be used for the Comprehensive Plan update, but something that really is a reflection of the citizens and how they feel about Tigard. Interim Community Development Director Coffee said the service satisfaction questions were fairly specific regarding how respondents felt about a particular service. These questions will be asked again every two years to measure how we are doing. Councilor Harding said the survey was "pretty generalized" and noted it is sometimes difficult to ask the hard questions but it is a way to determine how we can improve and make this a better city. It is important to hear those responses to determine the areas that need to be monitored and where we need to improve. Councilor Wilson noted that each time the City does a survey, meaningful results are sought. However, sotnetimes the results are ambiguous. He said he hoped that after several years, we might find out that some questions are more useful than others. He cited as an example the bar chart in the PowerPoint presentarion depicting overall perception versus personal experience and he wondered if that has value because the results were close to bein exacd the same. It's ossible that Tigard City Council Meeting - June 27, 2006 Page 14 enda Item Discussion & Comments Action Items follow u six questions in this instance could be dropped and diffexent questions added next time. Mr. Campbell agreed and noted this was the baseline survey. He said it was good that the survey results showed that perceptions and expexience match and said, foY example, if overall perception of police service is high, but personal experience was low, then that would be "telling information." Councilor Wilson said there is always "a nugget or two" you can get out of each question and noted there was useful information presented. Councilor Wilson referred to the ratings with the satisfaction with the Library. He said he has a question for the future as he suspects that while support for libraries in general might be very high, he believes the result of this survey might pardy be due to the fact that we have done a good job with a nice facility in the City of Tigard and people are responding to that. This demonstrates that when we do something, "we should do it in a first-class way." Councilor Harding said it would have been useful to know how many of the respondents actually go to the library. Councilor HaYding referred to the questions regarcling growth - limit growth, promote growth, or accommodate growth. The results were such that limit growth and accommodate growth were supported by almost an equal number of respondents. She said that "accommodating growth" to many people might mean providing roads, infrastructure, and schools - not necessarily making accommodations to have more people. Councilor Harding noted other surveys done by the City, respondents complain about density and the number of houses and ask to have it reduced. She said it was a "litde bit confusing" to discern the true outcome of the responses. Mr. Campbell noted that in the Library question asked by Councilor Harding, one option for a response was "no experience." Therefore, he said they could determine a percentage of people who did have experience with the Library. Interim Community Development Director Coffee said this information was contained in the "cross tabs" of some supplemental information the City Council has in the survey document. 5. Repoxt on Mayox Dirksen and City ManageY Prosser briefed City Council on their ex erience at the TVF&R Communi Tigard City Council Meeting - June 27, 2006 Page 15 enda Item Discussion & Comments Action Items follow u Tualatin Valley Academy held May 6 and 6, 2006. Fire & Rescue (TVF&R) Fhghlights of the information they shared with the Ciry Community Council were shown in a PowerPoint presentation. The Academy presentation is on file in the City Recorder's office. The Community Academy is an opportunity for T'VF&R to educate communiry leaders on the fire and rescue services provided. Tigaxd Police City Manager Prosser xepoxted on his experience with a Ride-Along Ride-Along offered by the Tigard Police Department. He rode with Officer McDonald and noted a number of activities that evening: identifying gang graffiti, breaking up a fight, discovering illegal garbage dumping, and apprehending diree people tagging train cars. City Manager Prosser encouraged Council members to go on a Police Ride-Along if they had not yet done so. 6. Consider Interim Community Development Director Coffee Motion by Councilor Amending introduced this agenda item. The proposed ordinance Sherwood, seconded by Ordinance No. will coxrect a clerical error associated with Exhibit B Councilor Woodruff, to 06-04 - An previously appxoved by the City Council on Apri125, adopt Ordinance No.06-07. Ordinance 2006 for the Wilson Ridge No. 2 Annexation. Annexing 3.525 The motion was approved by Acres - In Yesponse to a question from Councilor Woodruff, Approving Interim Community Development Director Coffee a unanimous vote of Council Wilson Ridge No. confirmed the ordinance could be categorized as a present. 2 Annexation technicality. (Zca2005-00005) Mayor Dirksen Yes to Replace ORDINANCE NO. 06-07 - AN ORDINANCE Councilor Harding Yes Exhibit B with a AMENDING ORDINANCE NO. 06-04 (AN Councilor Sherwood Yes Corrected Map ORDINANCE ANNEXING 3.525 ACRES - Councilor Wilson Yes that Matches the APPROVING WILSON RIDGE NO. 2 Councilor Woodruff Yes Adopted Legal ANNEXATION (ZCA2005-00005)) TO REPLACE Descriprion and EXHIBIT B WITH A CORRECTED MAP THAT Adopted MATCHES THE ADOPTED LEGAL Ordinance DESCRIPTION AND ADOPTED ORDINANCE 7. Consider an Public Works Director Koellermeier presented the staff Motion by Councilor Wilson, Ordinance repoxt for this agenda item. Assistant Police Chief Orr seconded by Councilor Amending the was also present representing the Police Department and Sherwood to adopt Tigard Municipal noting support for the proposed ordinance OYdinance No. 06-08; the ('TMC) Section oYdinance shall be declared 7.52.100 to In response to a question from Councilor Wilson, Public Regulate the Use Works Director Koellermeier clarified that responsible emergency and effective July of Alcohol in alcohol consumption will still be allowed in City parks 1, 2006. Some Ciry Parks with the esception of those parks located near the The motion was a xoved b Tigard City Council Meeting - June 27, 2006 Page 16 enda Item Discussion & Comments Action Items follow u downtown area. a unanimous vote of Council present. In response to a concern noted by Councilor Wilson, Assistant Chief Orr advised this ordinance would give Mayor Dirksen Yes the police officers the ability to enforce "no alcohol" in Councilor Harding Yes the designated area. The drinking is occurring along the Councilor Sherwood Yes trails and on the walkway under 99W. Councilor Wilson Yes Councilor Woociruff Yes In response to Councilor Harding, Assistant Police Chief Orr confirtned that the City of Tigard does not have an A report to the City Council open container law. will be scheduled in 90 days. Councilor Wilson commented that he would not want the effect of this ordinance to be to make responsible people "oudaws." He also noted this appears to be a problem associated with homelessness. This problem seems to have gotten worse in Pordand; therefore, he would like to see the Tigard Police have tools to address the issue. Councilor Sherwood noted the problem with chronic homelessness in the County. She reported there is a movement afoot to make housing and services available to people in need, which appears to be more cost effective than arresting people. Councilox Woodruff agreed this is a social problem and brings with it a concern about the Tigard downtown. Assistant Police Chief Orr said the proposed orclinance would give the Police Department a tool to use in one core area. Mayor Dirksen commented that this is dealing with a "symptom." Councilor Harding asked that if the orclinance is adopted, then it be monitored closely to review whether the pYOblem has shifted to another area. She suggested a report to City Council be submitted for review after 90 days to determine the effectiveness of the ordinance. City Manager Prosser reminded the City Council that the effective date would not occur for another 30 days if the City Council adopted it tonight. He reviewed how notification about this new ordinance would occur including posting signs, an officer tall;ing to people in the . area, and word of mouth. Council members discussed and then agreed the ordinance should be declared an emer enc and take Tigaxd Ciry Council Meeting - June 27, 2006 Page 17 enda Item Discussion & Comments Action Items follow u effect July 1, 2006. A report to the Ciry Council will be scheduled in 90 days. ORDINANCE NO. 06-08 - AN ORDINANCE AMENDING TIGARD M[JNICIPAL CODE SECTION 7.52.100 TO REGULATE THE USE AND ABUSE OF ALCOHOL IN CITY PARKS 8. Public Mayor Ditksen opened the public hearing. Motion by Councilor Heaxing Sherwood, seconded by (Informational) City Engineer Duenas pxesented the staff report and Councilor Wilson, to adopt - Finalize also xeviewed highlights of this item. The Resolution No. 06-43. Sanitary Sewex PowerPoint presentation is on file in the City Reunbursement Recorder's office. The motion was approved by District No. 31 a unanimous vote of Council (SW O'Maxa, Mayor Dirksen commented that he was aware of present. Edgewood some of the problems the contractox had with this Streets) project. He said he was concerned that the project Mayor Dirksen Yes might over-run estimates, but was please to see costs Councilor Harding Yes were held in check. City Engineer Duenas noted the Councilor Sherwood Yes need to go 22 feet deep, which xeqwred special Councilor Wilson Yes shoxing. CounciloY Woodruff Yes Public Testimony: ➢ William Lasniewski, 8860 SW Edgewood Stteet, Tigard, Oregon asked what assurances they would have that there would be no leaks or that sewer would not back up into basements. He also asked about the connection fee. City Engineer Duenas confirmed that the connection fee will be $2,635 until June 30, 2006. On July 1, 2006, this Clean Water Services fee will increase to $2,735. Ownexs will not be requited to pay any fee until they connect to the sewer. City Engineer Duenas advised the entire line was "tv'd" and it appears that all deficiencies have been coYYected. No problems aYe anticipated, but if repaixs are needed, the City will review these on a case-by-case basis. Mr. Lasniewski reported that the paving is uneven and referYed to im acts on rivate Tigard City Council Meeting - June 27, 2006 Page 18 enda Item Discussion & Comments Action Items follow u property including damage to shrubs and removal of gravel from his driveway. He said this has been a heated issue in his neighborhood because of the construction problems and the contractoY working early in the morning and late at night. ➢ Paul Clark, 9160 SW Edgewood, Tigard, Oxegon, confirmed the contractor had worked late at night and on one occasion he assisted the contractor with some lighting. The neighboxs were anxious to have this pYOject done. City Engineer Duenas advised some construction delays occurred because of weather. He said the contractor cleared up punch list items required to be addressed before the City would accept the project. Mayor Dirksen said he thought the paved street was nicex than what had been there before. Mr. Clark agYeed. Councilor Woodruff commented that he thought residents would be responsible for any sewer repaiYs on their property (that they put in). Councilor Harding requested residents to contact the City urunediately if they expeYience problems. City Engineer Duenas advised staff recommended the City Council adopt the proposed resolurion to make sewer service available in this district. Mayor Dirksen closed the public hearing. RESOLUTION NO. 06-43 - A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 31 (SW O'MARA AND EDGEWOOD STREETS) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 05-18 Non Agenda CounciloY Harding noted that a school is in session along Gaaxde Street. People are xeminded to reduce traveling speed when in school zones. Tigaxd City Council Meeting - June 27, 2006 Page 19 enda Item Discussion & Comments Action Items follow u City Engineer Duenas noted the need to make changes to signs located within school zones to reflect new law, which goes into effect on July 1, 2006. Executive The Tigard City Council went into Executive Session at Sesslon 9:05 p.m. to evaluate the employment-related performance of the chief executive officer under ORS 192.660(2)(i). Ad'ournment The meetin adjourned at 10:03 .m. Ytherine Wheatley, City Recordex Attest: Mayor, Ci of Tigard Date: q. ~ hedm\cathy\ccrn\2008\080627.doc Tigaxd Ciry Council Meeting - June 27, 2006 Page 20 e . A City of Tigard, Oregon = Affidavit of Posting TIGARD In the Matter of the Proposed Ordinance(s) C)(p - M 0_i'l i~ ()(p ,('g STATE OF OREGON ) County of Washington ) ss. Ciry of Tigard ) I, being first duly sworn (or affirmed), by oath (ox affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Numbex(s) V0~ CC-n d 010, N, which were adopted at the City Council meeting of , a`( 6,D Oto with a copy(s) of said Ordinance(s) being hereto attached and by Yeference made a part hexeof, on the ~ day of u , 20,0(. 1. Tigard Ciry Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Pexmit Center, 13125 SW Hall Blvd., Tigaxd, Oregon ~ Signature of Perso who Pexformed PoI g Subscribed nd sworn (ox affit ed) before me this ~ day of Zo o~ . _ Signature of Notary ublic for Oregon OFFlCIAL 8EAl. , JILL AA,BYARS ~ NOTARY PUBLIGORECiON COMMIS310N N0. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 . ...!f-..,,. . . . . - ..r:.....-.v: r.:: : ` . . . . . . . CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2006- ~ AN.ORDINANCE AMENDTNG ORDINANCE 06-04 (AN ORDINANCE ANNEXING 3.525 ACRES - APPROVING WILSON RIDGE No. 2 ANNEXATION (ZCA2005-00005)) TO REPLACE EXHIBIT B WITH A CORRECTED MAP THAT MATCHES THE ADOPTED LEGAL DESCRIPTION AND ADOPTED ORDINANCE. WHEREAS, on Apri125, 2006, the Tigard Ciry Council held a public hearing and adopted Ordinance 06-04: An Ordinance Annexing 3.525 Acres Approving Wilson Ridge No. 2 Annexation (ZCA2005- 00005); and WHEREAS, the adopted Ordinance 06-04 and adopted legal description (Exhibit A) correcdy define the territory; however, Exhibit B(Washington Counry Taxation and Assessment Map) is inconsistent with these controlling documents; WHEREAS, the other provisions of Ordinance 06-04 are unaffected, but it is necessary to amend Exhibit B with a corrected map; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigaxd Ciry Gouncil amends Ordinance 06-04 by replacing Exhibit B with a corrected map in the form of Exhibit A attached hereto and incorporated by this reference. All other provisions of Ordinance 06-04 remain in effect as originally adopted. SECTION 3:T'his ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By U 11a. /11 MDU 5 vote of all Council bers present after being tead by number and tide only, this day of me -e_ 32006. Cathy Wheadey, Ciry Recorder . APPROVED: By Tigard City Council this ~ day of 2006. . l ^ Craig D ksen, Mayor Approved as to form: c_ ~ • Q7- UCa City Attorney " Date ORDINANCE NO. 2006---O-Z- Page l of 1 2S 1 09AC 2S 1 09AC . . . . . ` . .v1i.;'...;ar.. 'a.. •g..• ~ ~a .'G..' , . . ~ . D . ~f. - ~ ' : ~ f - 1 < ' _ - - - ~o . .:~,T; ° x . _ ~ . E B~e . _ ..a±a.;~,i.i~e.;~«!.-~ssss,d• •.A•. _ . . ~c h~w..... ~.e. ~w»~~=, ~~~-T;~.~..~.'_'.~~ _.ti..•:.`: . . . . . . ~ • . qy~t ry~. l . ".3.. i;.,., m CZ •.a.S :.iJi~ . , ~ . . . • p .l . ]1. ~~~'r~• . . .YP ~ .im • . . . . . a~ . . - h . ~ ' m :;l::f • : w -r~,.... . . . '~N t . . . . . . " . %a . : - ~`,t~'"'~ - ~ . . . . . _ . ~ „ . ' z ~4i: ,s ~k ''~:.'1•:. i . 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'~--~m~- - .':I•"'::',': PLOT DATE: April 04, 2005 coo -~-._.__.._.1++~L ~ ( :i: i: i' _ ~ ~ au,K ~ FOp ASSES M RyPoSES ~ ns•; V ~ ONLY•RT R DUSEf1N FO itoo I Mowuamrm04WwOq~ron~aw~alaMa ~ ~ P~+~MbnMmarb'MO~+q'11aN6tablMaaC M." onMYOP~bOwObiia lMqCM1lRMI{~1!/lCMO ' i~~~~~• t~ ~ rs- ~f• • , j~.~~~yN'~ • bO.~smvnrf6bn~n. . . . . . . . , ti r: ,g •,:7'..'•.. V 'Bj•. • . • . , . . , . Q' 2`.. - --~5~`..- :ei':• e1,:• ,.•aa,': sa,':~~~ ;:s%:, . . . . , t; • p~~q ' J. . . •V.".'. . A . ~ . ~ '°'q `I . . . . :e`~:•: . :•N':~.: . •~:~..n •.:I~?. '.s.~:•:8:.1=: S~$'"°: :.a"4a~ .'a, • . . . •1~ . ~ . so w ~ TIGARD ~ ~ _ ::.t~.: ;i~.~' . . . 2S 1 09AC 2S 1 09AC Ap~a1w09 ' . . . . . ,r=. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF TIGARD, OREGON TIGARD CIT'Y COUNCIL ORDTNANCE NO. 06- 0g AN ORDINANCE AMENDING T'IGARD MUNICIPAL CODE SECTION 7.52.100 TO REGULATE THE USE AND ABUSE OF ALCOHOL IN CITY PARKS AND DECLARING AN EMERGENCY WHEREAS, the abuse of alcohol in Ciry parks surrounding the downtown axea has become a sigxuficant problem despite existing regulations; and WHEREAS, alcoholic bevetages should be prohibited in these particular City parks; and WHEREAS, the xegulated, responsible use of alcoholic bevetages should cantinue to be pernu'tted under cextain circumstances in some City patks; and WHEREAS, the Council finds revision of the City's existing rules xegarding the use of alcohol in Ciry patks is in the public intexest and necessary for the peace, health and safety of the general public. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Section 7.52.100 is amended to read as follows (Stxike-through is language deleted fzom the code; bold language is added to the code): 7.52.10n r~ k-,, ra.... r*o,.n....h:b:..,.a " ~ 1- 1ntewiea6ng adier- l, - L-' . N t,..] r .-...rsa ..1,.,11 clria_.iiia.u> u aa v vF ue v kJ a , tipatireeammendatioft of d-ie Poke GI-Aef-, - 7.52.100 Alcoholic Beverages in Parks (a) For purposes of this section: (1) "Alcoholic beverage" means any liquid containing any form of alcohol, including but not limited to malt and fermented beverages, whether licensed for sale in the state or not. (2) "Person's own use" means for use by the person as well as use by any person attending the same social event. As used in this definition, ORDINANCE No. 06- Page 1 i.~~... ~ . . . . . . . . . - . . - . . _ "person" means a person of legal age to possess or drink alcoholic beverages. (b) Except as provided in this section, it is unlawful for any person to take into or possess any alcoholic beverage in a Ciry park, other than for the person's own use. No intoxicated person shall enter or remain in any City park. The sale of beer or wine in Ciry parks shall be allowed only pursuant to a pernut issued by the City Manager on recommendation of the Police Chief, and any such sale must comply with all applicable state liquor laws and permitting requirements. No other alcoholic beverages may be sold in City parks. The limited use and sale of alcoholic beverages allowed by this subsection does not apply to the parks listed in Subsection 3. (c) It is unlawful to possess, control, or consume any alcoholic beverage in the following parks: Liberty Park, Main Street Park, Commercial Park and Fanno Creek Park. . (d) Failing to comply with any provision of this section shall be a violation. The civil penalty for violation of this secdon shall not exceed $600 for the first violation, and shall not exceed $1,000 for subsequent violations within 12 months of a previous violation of this section. (e) All alcoholic beverages and alcoholic beverage containers brought into, possessed or otherwise present in a park in violation of this section are contraband and may be disposed of or retained as evidence by the City. SECTION 2: Council finds adoption of this ordinance is necessary for the peace, health and safety of the City; therefoze, an emergency is declared and this ordinance shall take effect on July 1, 2006. PASSED: By Un G n I 1'Y)DUS ypte of all Council members present after being read by n u m b e r a n d t i t l e o n l y, t h i s c~7d a y o f , 2 0 0 G. Catherine Wheatley, Ciry Recorder APPROVED: By Tigard City Council this c>? I day of , 2006. J ~ ~ Appxoved as to form: Craig D ksen, Mayor Ciry Attorney Date i,Aaan,be" rosXosasinaiwna mn in vankz ad.ax ORDINANCE No. OG- Page 2 1 J~ O F 0~.. U w z, May 30, 2006 ~~lC~~skC~`~~~'~ League of Oregon Cities TO: Oregon Mayors NLocal Government Center tzoi cotirt st. NE, suite Zoo City Managers, Administrators, and Recorders Salem, Oregon 97301-4194 P.O. Box 928 FROM: Steve Bryant, Interim Executive Director Salem, Oregon 97308A928 (503) 588-6550 or RE; 2006 LOC Awards Program 1-804452-0338 Fax: (503) 399-4863 E-ma i l: loc@orcities.org Web: www.orcities.org Enclosed is a booklet describing this year's LOC awards, OFFICERS recognizing outstanding achievements in Oregon municipal PRESIDENT government. Each award will be presented during the 81' LOC ]im Fairchild Mayor, Dnllas Annual Conference in September in the company of your fellow city VICE-PRESIDENT officials. Bob Austin Mayor, Escacadn TRensuaeR The League invites you to submit an entry for one or more of these Tom Hughcs Mayor, HilisboTO awards. There are many individuals and city programs that deserve PAST PRESIDENT recognition; it's your job to let us know about them! Helen Berg Mayor, Corvnllis DIRECTORS T'he League encourages you to take this opportunity to applaud your Chuck Becker peers and/or your innovative city programs or projects. There are no M«>or, Gresham forms to fill out. Simply follow the directions for submission as Jim Bennett City Munager, Newberg outlined. (An entry form and more information for the Safety & Nancy Boyer Wellness Award-will be mailed to each city this summer.) Asst. City Mannger, Newport Bud Hart coun<ilo., Klnmach Fnlls If you have any questions about this year's program, please don't Colleen Johnson hesitate to contact Kim Bentley at the League office at (503) 588- Mayor, La crande 6550 or kbentley@orcities.org. Shirley Kalkhoven . Mayor, Nchalem Rex Mather Ciry Mnnnger, Boardman John McArdle SB:kab Mayor, Independence Enclosure Jim Randall Councilar, Salem Erik Sten Commissioner, Portlund Bob Strosser CounciloT, Medford Alan Unger Mayor, Redmond Steve I3ryant Interim Executive Director S e r a, i n g OT e d 0 Tl C o m m u n i t i e s f 0 1' 81 Y eQ 1" S . ' \ 4. : ✓ ~ f..`:-.t„v~"~ca~ti,'-.. ~..,,k~ 4.:..~;.-Ni+l.;t~'~t ..~tP'...`ct. .r.r a,ry~ -:i :.f. - - ~ y L . ~ W N-. r " r a- . ~ 4i.'• ;.r t a ~-`v ~'~i.i ~i ~ . a °a. 'i-G h~''c f -S ' c1 5 i L.. . t . • } f;i . i £ t"'--`" .Y . ry ,y ~s 4. . , ~ ~r ~ '',r t ~ ° ' _ . ~^•'qc J~`a c 013B 5 . ~1 t~ L . _ . ' - : . > c T9S'1v{.~ , . , . . e~ -It•.- I"7' ~ M j m ~ . M~ s . •WEM, r - V s. ' ro : ri c YED n ~'`tt , 4 ~ . -f~,,,~.3~--~-'' Y~'.`.~~+ ` ~ C`". a \ , ~ ~,y. ~ ~~J . , Sl , r . ~®r5n~ ] I ` yp ~ q "l f I`~ ( L ~ ~-J ~ ~ ~ . ti 1 4 ti~^ ~1 M,~i ! 7 7 ' ! i'~ ~?nt '4t 'T e 'r t ~ Y~~ .Y. ; .5 ~4 ~1 '!~ir ' • . V,e . . z. J •p^ . ,r ~ `S ~ '~t..'r 2. .-r"'f ~ y.., jJ~ ~ C'" s F ~ . . ~ N U }T ~.L 7 < k •b: pS o t t ..'Y ,`zi,. . .s '~.v r ~L'~`~.:1~''.' r a I . h , r~' ~ ~ w , Z ; #.~*wt.-. I ~ . . _ 4 r K ^ ~ . 4 Y' ~ ~ 's s s •3g + i ~ J:j ' ~ I ~ t c ' ♦ l r , v'.r ~ r+ _ .¢3.~ . . ~ y^ a 1 : t . . e < r ✓--c ..s ~ ~ c ; - j "1 ~tu. - lr a + t ~ R^ s x F K .1 t • t, ~ ~ r ~ .f~ 4~T' i '~F ~t ~~--`~~l .'+3~ !a •a F"s 'k~ s~t ^a.a . '.7~. ai g .xae`:...~y.• 1'-'a~ ~ . q w-f.' ' : - d.:.-a ' , . . , t• • . I I j5 11, 4.~WAL.~D~ PROGRAM ~ Message from the President ~ . l . ~'t q `y . . he League's Annual Awards Program allows Ttlie League to acknowledge and encourage I ~ excelletue in local government. This program provides an opportLuliry for officials and staff of i ~ member cities to receive recognition for their j ` i innovative efforts. a i ~ In addition, the Awards Program demonstrates ~ i that ciry officials and ciry staff from throughout ~ the state of Oregon are inventive, caring and , committed to their co►nmunities. This brochure presents the criteria for special awards to be given to individuals ' and cities during the 81" Annual Leagtie oti Oregon Cities Conference, to be Deadline for all I held September 28-30 in Portland. Because you are the most knowledgeable ~ awards is ~ about what is happening in your ciry and in your reoion, please take the time ~ to submit nominations on behalf of: 'A•p,ggust I ~ • deserving individuals; and/or • city probrams deserving of special recognition. ~ Send your nominations I and entries to: ~ /im~ Leagueof Oregon Cities child, LOC President P.O. Box 928 ~ Mayor, Ciry of Datlas ~ Sctlem, OR 97308 ~ Questions? ~ ~ Contact Kim Bentley Tab4~ ~otiteiit$ (503) 588-6550 ~ ! kbentley@orcities.org ~ Individual Awards: James C. Richards Memorial Award 5 ~ HeiIllaTl Kehrli Award 6 Mark O. Hatfield Statesmanship Award 7 Civic Education Award........................................ 8 City Awards: ( Award for Excellence 10 I ~ Good Governance Award 12 CIS Safery and Wellness Award ..........................14 i t N " ~p~,~;i~•~~1 ~ ~~"f'~ ~ t z r ~ £ ~ ~s-~v'. : ~ s. b a `-~-r - , ~ k: t-~i A ~ ~ 0 'S O Th~ followi'ng four ~war~~ Presented in~iv~duals o m o s ; ~-~-r-Rn---=-,-~~--~--.~- _+,ly JAMESC. RiCHARDS I = qo~pa~ma~~;~~ MEMORIALAWARD trzerin~ . ~ I Fn-f"he ]ames C. Richards Memorial Award was created by the LOC Board of Directors in 1980 in meinory of a former city councilor in Bay Ciry and ~ administrative officer for?illamook County. 1'he award recognizes exceptional j contributions by city officials at the local, state and federal levels in support of League intergovernmental relations programs. ~ F - xy~ Who is Eligibie? Any ciry official (elected or appointed) is eligible for this award. How to Submit an Entry 'Nominations may be submitted by anyone, regardless of their involvement in ciry ~ Jim Richards government. The nomination should indude a comprehensive description of the nominee's activities and reasons why he/she qualifies for this award. i ' Review/Selection Process ' A subcommittee of the LOC Board of Directors reviews the nominations and ~ presents their recommendations to the full board for final selection. Recipients j are given a framed certificate, and their name is added to a wall plaque displayed ; at the League office. Recent Award Background i . Reupients In addition to his local responsibilities, Jim Richards served on the LOC Board ! 2005 Helen Ber- 0 of Directors and Legislative Committee, chaired tlie Local Officials Advisory ~ Mayor, Corvallis Committee to LCDC, and served on the Local Government Advisory Committee j Bob McPheeters to the Building Codes Division. i Mayor, Tillamook 2004 Nancy Nathanson Richards contributed his time selflessly to the cause of cities around tlle state. i Counulor, Eugene He often traveled to Salem to represent cities and the League before lebislative 2003 Lou Ogden committees. Richards would even camp out in the League office for 2-3 days to ~ Mayor, 7"ualacin personally call other ciry officials and urge them to attend legislative hearings. ~ 2002 Chris Lassen ; Councilor, Gresham ` ` 2000 Gwen VanDenBosch ~ Mayor, Dallas f ~ ]999 Michael )ordan ~ City Manager, Canby , Bob McPheeeers and f . ~ Helen Berg receive the 2005 Richards Award ~s. C'y}- • 1 y ~.i `L1fJ~ .u~ I I t'M ~t~-a' '~t~~~~~~ ~ c i ~ cr HERMANKEHRUAWARD T he Herman Kehrli Award is granted to a ciry employee who has provided lasting benefits to his/her communiry through exceptional contributions to ciry govem- ment. lt recognizes the outstanding public service career of Herrrian Kehrli, who was executive secretary of the League of Oregon Cities and director of the Universiry of Oregon's Bureau of Governmental Research and Service (BGRS) from 1933 to 1966. `xKehrli received the first award in 1988; he Passed awaY in 1990 at the a6e of 88. ~ •`~r Who is Eligible? Any individual who is currently or formerly employed or appointed by a ciry is eligible 41: for this award. How to Submit an Entry i Herman Kehrli Nominations may be submitted by anyone, regardless of their involvement in city ~ government. The nomination should include a comprehensive description of the i nominee's activities and reasons why he/she qualifies for this award. ! i ~ Review/Selection Process ~ A subcommittee of the LOC Board of Directors reviews the nominations and presents ' Reeent Award their recommendations to the full board for final selection. Recipients are given a ~ Reeipients framed certificate, and their name is added to a wall plaque displayed at the League ' 2005 Ed Brookshier office. j Ciry Manager, Hermiston I ~ 2004 ]o Anne Sutherland, Baekground ~ Retired City Manager, A 1931 resolution created a Bureau of Municipal Research and Service at the Universiry Redmond; and of Oregon. In 1933, the Oregon Board of Higher Education established the Bureau, Dick ?ownsend, and the League located its headquarters in the same office. + OCCMA Range Rider; + Under Herman Kehrli's leadership, the joint program immediately put in place an former LOC Director 2003 Sreve Bryant, Ciry atnbitious agenda of research, consultation and training in city government affairs. Manager, Albany; and The qualiry of Oregon city government today is due in large part to this program and the high standards of its founders. i 7'im Erwert, Ciry I A native Oregonian, Kehrli was a high school teacher and served Manager, Hillsboro as executive secretary ~ - of the Ciry Club of Portland. He held a deep conviction that public service is a calling ~ of great digniry and profound significance to communiry, state and national life. ~ Kehrli's,impressive contributions to state and local government indudes: , • the $ureau's model city charters, which gave substance and form to municipal home rule in Oregon; • promotion o{ the council/manager form of ciry government; • chief designer of Oregon's Public Employees Retirement Ed Brookshier, winner of ~ System; and the 2005 Herman Kehrli ° leadership that established the state civil service system Aa.vard , and reorganized state government after World War 11. f ~ : . :_w. . . , . . t . i ~ MARKO. HATFIELD STATESMANSHip AWARD ~statesman is defined as one who is versed in the art of government. The Mark O. Hatfield Statesmanship Award is presented to individuals who have 'W demonstrated similar statesmanship and exemplary service that has positively affected the citizens of Oregon. lt was established in 1996 in appreciation of retiring U.S. Senator Mark Hatfield for his career in public service. Who is Eligible? The Hatfield Award is presented to deserving "statesmen" from the public or private sector who have provided lasting benefits to the qualiry of life for Oregon citizens. The applicant must also be held in high esteem by the public from unselfish devotion to the call of public service. A deserving candidate does not waver from personal convictions and observes the highest moral standards. Mark Hatfield A recipient will have demonstrated a high regard for human life through an aware- ness of human needs and compassionate service to their fellow man. He/she should ~ exemplify civiliry at all times, demonstrating personal respect for each individual's ~ potential and rights. 7'he recipient must be a consensus builder and listener, with i a firm belief that patience and negotiation can resolve contlicts and that America i must be a model for peace. i How to Submit an Entry ` Nominations may be submitted by anyone, regardless of their involvement in ciry government. Nominations should contain a comprehensive description of the ~ Reeent Award If nominee's activities and reasons why he/she qualifies for this award. ~ Reeipients ! i Review/Selection Process 2001 Cliff Trow, I A subcommittee of the LOC Board of Directors reviews the nominations and Oregon Senacor ~ presents their recommendations to the full board for final selection. Recipients are 1997 Neil Goldschinidt, ~ given a framed certificate, and their name is added to a wall plac7ue displayed at the former Oregon ;overnor League office. 1996 Mark Hatfield, U.S. Senator Background ~ Mark Hatfield has been a student, teacher and practitioner of American politics for nearly his entire life. While reaching political science and serving as dean of ~ students at his alma mater, Willamette Universiry in Salem, Hatfield began his political career in the Oregon Legislatiire in 1950. After two terms in the Hotise of Representatives and two years in the Senate, he became the youngest secretary of state in Oregon history in 1956 at the age of 34. He was elected governor in 1958 and was re-elected in 1962. In 1966, Hatfield was elected to the U.S. Senate as an outspoken critic of the war in Vietnam. ln 1993, he became the longest-serving Senator from Oregon. At his retirement in 1997, he was the second-ranked Republican and seventh in senioriry Senator Cliff ?roau, out of 100 in the full Senate. Hatfield never lost an election and was known as an the 2001 Hatfield independent legislator who voted his conscience, for which he earned bipartisan Award winner respect from his colleagues. r .s,^`w`~b i rt`"'ct -~3•~i. tyeb ry~,~t.'y" "ar»i'3~.3c ~..r,s~~~~4.~ a"~'1 e v ~ , r.:~..:i ~J~~ i Y I I CIVIC EDUCATIONAWARD ~ T he Civic Education Award seeks individuals who have demonstrated their ongoing commitment to nurturing civic responsibiliry in youth. It was created in 1998 by the LOC Board of Directors to recognize educators who have promoted local government education in Oregon schools. ~ I Who is Eligible? Noininations will be accepted for persons currently or recently involved in civic education endeavors. Review/Selection Process A committee of past presidents of the League will judge the entries. Preparing the Entry Recent Award Please include the following in your nomination: ReClpl@t1tS * Nominee's name and phone number; 2003 Raphael (°Stubby") m Name and phone number of the person making the nomination; Lyons, Seaside Ciry Councilor and retired o A comprehensive summary of the nominee's civic education activities; school teacher and 2002 John Gaskill, Ontario * Any supporting materials (e.g., sample of curriculum, photos, news City Councilor and clippings, letters of support, etc.). school teacher 1999 Mike Crocker, Philomath City Councilor and high school teacher; and ,-7 N'_`;3 g ` Deborah Howe and ~i~Ti~1io b Terri Cook, elemen- Tfrom he most recent winner of the Civic Education Award was tary schMilool wau teackiehers Seaside Ciry Councilor Raphael "Stubby" Lyons. s;:-:: ~l KT'h , - I Lyons retired in 1999 as a popular high schooI social studies teacher and head football coach. He continued to substinite teach, lead discussions on local government issues, and provide behind-the-wheel driver education training to local high schoolers. Councilor Lyons had been involved in student activities for over 40 years in four states, the last 23 in Oregon. He won eight state championships in three states and received coach of the year honors on inultiple occasions. Lyons is a former Stubby Lyons ~ Marine, serving in Korea from 1953-56. I ~ ~ f ~'r ~ ~ , ~Pl Ci \ • lr l ~ ~ ~ ~ ~ Y~ . T t-, yy `~y :^'zx'~ .~;~,--..4-"'~, ,""'.~s^ L 0, 2, Th~ following ~~ar~~ presented to cities o 0 0 _ i . 3 • ,ba~L.. ~ . c r'~4~~ I°~ r .1 i,71 5 i.~ ~ ~ ~dr rtie A W.~ ~ ~ ~OR ~~~EL~ENCE rinQ he League's Award for Excellence recognizes cities that have taken " ~innovative approaches to city operations and providing services. :i 1 Who is Eligible? i Cities of all sizes are encouraged to participate. Entries must include programs or ! activities successfully operating for the past year or that have culminated in the ~ past year. A city may submit only one entrv, but may re-submit a past entry that F:was not chosen for an award. Those cities that enter this competition will be invited to "show ofP' their program or project with a table-top display during the annual conference. Review/Selection Process Recent Award Each year a selection committee of elected city officials, city staff, state legislators, Reeipients . media representatives and others are appointed to judge the entries. In evaluating the entries, judges consider whether the program: 2005 Astoria - Tapiola Playground 1) reduces the cost of government; Project and - 2) improves the community's quality of life; Albany - 3) enhances municipal services; Safety Camp ' (see opposite page) 4) includes collaboration with other governments, private interests, etc.; or 2004 Aumsville - 5) is replicable Uy other cities. Cascade Communiry Family and Child Often the judges will choose winners in bath "Large City" and "Small City" Development Center categories. 2003 La Grande - Ladd Marsh Waste- , Preparing the Entry water 1'reatment Please follow these procedures when submitting an entry: , Faciliry; and 0 7he description of the project or program should not exceed three Sisters - clouble-spaced pages. Harold & Dorothy Barclay Park and ~ a A cover page should indicate the name of the project, city, name and Public Restroom ~ daytime phone number of a contact person, and bear the signature of i tlle mayor. i 0 An appendix including photographs, line art, newspaper clippings, etc. ~ may be included with the entry. * Submit FOUR copies of the entire entry, and include a copy of the - descriptive text on CD or floppy disk, or e-mail the text to Kim Bentley at , kbentley@orcities.org. r-Kr"`r"'~_'"~"A ~D _ t ' .I ~ . - vGSd~ n~05 15~ 1T~xce ~~„c~ ~~0 "4~' AV I~9 llence A~~rd Recipi~nts 2~11 C ity of Asto ria : Tapiola Playground Project T he Ciry of Astoria's newly constructed 15,000 square foot super playground structure, located in ?apiola Park, was a communiry-driven project, imagined bY children and built bY the communiCY• The citizen-driven TaPiola PlaY-round Committee recruited and coordinated approximately 550 volunteers who helped with the project's design, fundraising and construaion. With such a large volunteer force, the playground was constructed in only six days. The majoriry of _ the tools needed to build the playground were loaned to _ the committee from local residents, and restaurants and p yL ~ i$'.:_, r'~R~ j N.a.•l . . businesses donated the food and money to provide meals for the volunteers during the six-day build. 'ln total, more than 6,000 man hours were worked the week of the build. '(left) construction volunteers hard at The committee raised $205,000 to help pay for the t~ auork; (above) the project, induding $47,500 from grants, $7,000 fi-om the 4i Ciry of Astoria, and $150,500 from community donations finished product Fundraisers and promotional activities included: fence picket sales; an oral auction and BBQ; a city-wide garage sale; Tshirt and yard sign sales; and a movie premier ~ T fundraiser for The Ring 2(filmed in Astoria). Other special ~.~R~.~ 3=~>:--~ M L,:~=`= Y-...- .u~ events included: Design Day to solicit input into the play-round's design; a culoring contest which ran in the local paper; radio advertisements of children sin-ing a Tapiola playground song; and a ground-hreaking ceremony in which 200 parents and children i participated. ~ I Co$y of AIbany: Safety Camp I T he City of Albany Fire Department initiated a collaborative program to address ~ accidental injuries to youth. ln cooperation with the Albany Police Department ~ and the local YMCA, Boys & Girls Club and American Red Cross, the Fire Department ( started a summer Safety Camp for youth entering the fourth, fifth and sixth orades. ~ - The fourday program is designed to encourage safery habits that will provide lonb term benefits to childre» and their families. The program is open to all students, m"-- yet a primary goal is to reach the "at risk" children who are home alone and Without adult supervision. Through communiry support-providin; services, products A i , and financial support-the cost has remained at only $20 per camper; scholarships are available for lower incoine families. Each camper receives daily lunches and snacks, swimming, field trip activities, a Safe CamP T shirt and a eQraduation certificate. The children interact with firefighters, police officers, EM?s, doctors, veterinarians, and other communiry ~ . leaders in a positive, constructive environment. Leadership students from the Iocal high Safety Cnmpers participate in the schools are recruited as group leaders, with a ratio of four leaders for every ten campers. ~ ]unior Fire Fighter Challenge Campers learn safety trainins related to fire, swimming, boating, cars, pedestrian, electri- ~ cal, weather, bike cSi helmet, train, bus, animal & pet, and personal safery. The children ! have also learned how to deal with bullying, disabiliry awareness, coil-iputer safery, fitness, ! and health & nutrition. ~ i ~ j~ T'v"~ ,.''~t.~~-T=~ti^`^.r '~f 4 r: + .."h'" ~j ~@ ~ ~ " ~ ?c , ' ~ z i^-?~} a I~e•~-a ~ ' 3l ' . . , r,- , - ` . ~~~E,i3~ •'fy_b ~art,nerirLg G ~~~~EIDXNZAINCEAWARD T he Good Governance Award was initiated by the League's Past Presidents Council to higlllight city prograins that encourage "reconnecting" citizens to their commtmity. , Who is Eligible? A Cities of all sizes are encouraged to participate. The qualiry of citizen involvement, not the size or publicity of the event or program, will determine ~ recognition. A city may submit only one entrv, but may re-submit a past entry ' ~ that was not chosen for an award. ~ f, Review/Selection Process • )udges will consider if the event or program: ~ Recent Award • Sticcessfully engages citizens in local government processes; ' Recipients ~ • Enhances the citizens' awareness of local government decision-making; 2005 T'igard - ,s and/or powntown ~ 3 • Fosters local leadership through education, planning efforts or Improvement Plan ~ (see opposite page) volunteerism. 2004 Corvallis - ' FinancialOutreach n Preparing the Entry Project Please follow these procedures when submitting an entry: 2003 Salem - • The description of the program, event, project, training or process should Inforination Access ~ Project } not exceed three double-spaced pages. 2002 North Plains - : E • A cover page should indicate the name of the project, city, name and Citizen Partnership ( daytime phone number of a contact person, and bear the signature of the Program ~ mayor. ~ • An appendix including photographs, line art, newspaper clippings, etc. may be included with the entry. `j • Submit FOUR copies of the entire entry, and include a copy of the , I descriptive text on CD or floppy disk, or e-mail the text to Kim Bendey at kbentley@orcities.org. ~ 1 Y~ l F y~J`.. „~i~,:.. r _ .r~'~ u ~~°-x~ a ~ ~ ~ '~1~ ss~ F'fc.: ~r.~.i:~~:i..~"~~ ~ ~.•7 .,`~~_~+".~t~~~~ u~r,,.s, ~'~C~~?i^~r .'x . vmaq 2005'Good Governance Award. Recipient ".ap.~. City of Tigard ~ Downtoa.un Improvement Plan T he 'I'igard Downtown Task Force, composed of 24 citizens, worked tu develop an improvement plan for Tigard's historic downtown, undertakinry extensive ~ public outreach efforts along tlle way. I 'T'he Downtown Task Force, with ininimal ciry staff support, facilitated a total of 90 community dialog meetings, engaging 1,300 citizen participants. Early public dialo~ meetings We're doing everything we can to give everyone a focused on the exploration of issues, concepts chance to have their say. The entire community and priorities for a ftrture downtown. Subsequent ~ will benefit with a sense of place where people want meetings focused on refining a concept plan, ~ potential key projects, initial ideas rebardincr plan to spend time. implementation, potential funding sources, the ( - Mike Marr, Downtoaun Task Force Chairman intergovernmental and public-private partnerships I and Local Businessman required to carry out the plan, and how citizens could play a role. ' While supported by ciry staff, Task Force members facilitated each public dialog, ' gave detailed information on the plan, answered questions, etc. This resulted in a true citizen-tacitizen conversation which helped to win broad coinmtu-iiry support. A suUsequent puUlic opinion survey showed that a vast majority of respondents were aware of the Downtown lmprovemeiu Plan, and that the majoriry supported i~~ x, ~ ~ the ke y recommendations identified in the plan. ~4 ~ ~ ~ =N. I T~~~ _ f t• % S~' ~'~3~0• f .11¢~q ..FF I ` :...:;.Tr._. -.:....1.^-.. . ~ t W y;.` ~ The citizen-driven Doavntown ; Tnsk Force works to develop a plaii ~ for doavntown improvements. ~]~i~ v~ ' a. 1:s~: ,fi j',.~• ~ i - s a : .v < ~ •e''-2 -~a--r:--r-'^i e . , ~ 4; C_111,9 SAFETY Q& WELLNESS ~ -}Y AW'ARD iry County Insurance Services (CIS) and the League team up annually to ~s onsor the Einlo ee SaferY and Wellness Awards Program for Oregon `.y p P Y Watch for yotn- city's cities. application in t11e mail - T ~ his program was initiated 33 years ago to stimulate cities' interest and f this cunImer. .Awards ; participation in loss Prevention Programs bY Providinb o recognition to cities qI-e !?re`lep~ed during i with low accident frequency rates. Ciry applicants are divided into categories the League's annual according to the number of regular employees and full-time equivalent of conterencz. volunteer hours. Here are last year's winners `City Safety Wellness i City Safery Wellness 11 City Safety Wellness Arlington X X Halsey X Philomoth X Astoria X ; Helix X 1 Pilot Rock X X ~ Aumsville X X Hines X i Redmond X Aurora X Island City X ~ Richland X X Baker Ci1y X Jefterson X i Rogue River X Bay City X John Day X X ~ Roseburg X Bend X Jordan Valley X ~ Seaside X X Boardman X X ~ Joseph X j Sherwood X X Brownsville X ' Klamath Falls X i Siletz X Canby X ! Lafayette X ~ Silverton X Canyon City X ' Lebanon X ' Sisters X ~ Carlton X Lowell X ~ St. Helens X Cascade Locks X ! Lyons X ~ Stanfield X } Cove Jundion X ~ Malin X X j Stayton X X Centrol Point X i Manzanita X ~ Sumpter X Clatskanie X ~ Maupin X I Sutherlin X X Cornelius X X ; Metolius X Sweet Home X I ' Cotiage Grove X ~ Milton-Freewater X ; Tangent X Creswell X Milwaukie X I Tigard X ! ~ Depoe Bay X X ~ Monmouth X Toledo X ~ Detroit X ~ Mosier X Troutdale X Durham X Mt. Angel X Tualatin X Estacoda X X ~ Myrtle Point X Umatilla X Eugene X ; Nehalem X ~ Veneta X Fairview X Newberg X ~ Westfir X _ Florence X Newport X Wheeler X ' • Forest Grove X ; North Bend X Winston X Wood Village X Gaston X Nyssa X ~ Gaies X X ' Oakridge X i Woodburn X Granis Pass X Ontario X ~ Halfway X ~ Pendleton X ~ ~ , •c--•--n--••m- t ->~-.,-4~----~-- -=-.-•r-T ~ A ~ 7T, y ~r~~ i've~;~~~'~ J~~.~'I~~Y~R~ __'___.,c_ ~ z ,r i ',xi:, ~,<J'~~M,.~j J`6'\i" ~..?1"s..i n ~ . ` i ~ For the latest inf orm.~~~on on the LOC Annual Conference9 . visit our web site at wwwoor~~ti-esoorg Jti O..F0 e - Hi( o w; ~;Ill~z LEAGUE OF OREGON CIT'IES P.O. Box 928 • Salem, OR 97308-0928 (503) 588-6550 • 800-452-0338 WWW.ORC(TI ES.ORG ~ AGENDA I1'EM NO. 2- CITIZEN COMMUNICATION DATE: June 27, 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 ofOregon's public meetrng and recotds laws. AIf written and oral testimony become patt ofthe pubGc recotd. The names aad addresses ofpersons wbo attend or partrcipate in City of Tigard public meeangs wrff be included in the meeting minutes, wbicb is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED ,A Name: caheyio e UlJ-e S~- Also, please spell yout name as it sounds, if it will help the ptesiding officer pconounce: ~S6~YZ e S~ ~rn~ ~P~ Address llff.s . SW o l/c;tfs,- D4eS ~Y,~YGI ,~y~~• City lkg~ n reC~(~f/G~ ll q ~ l State 04 Zip ~-Td 6,2 Phone No. 543 - ~O03 -/S85- ~ Name• Also, please spell youx 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, iE it will help the presicling officer pronounce: Address Ciry State Zip Phone No. CITIZEN COMMUNICATION council mail councilmail Tualatin Resource Center Page 1] From: "Catherine West" <cwest@ttsd.k12.or.us> To: <craigd@tigard-or.gov>, <nickw@tigard-or.gov>, <sydney@tigard-or.gov>, <tomw@tigard-or.gov>, <sallyh@tigard-or.gov> Date: Wed, Jun 28, 2006 8:59 AM Subject: Tualatin Resource Center Dear Mayor Dirksen and Tigard City Council, Thank you all so much for the opportunity to speak with you about the Tualatin Resource Center last night and to hopefully reach others in the community that may have otherwise not known about our services. You are a very welcoming group. I wasn't able to stay for the entire meeting but I appreciated learning more about the Community Attitudes survey and the experiences of inembers of the council with the Fire and Police Departments. What amazing opportunities to be exposed to what it's really like to be a firefighter or police officer! Thank you again for your warm welcome, time and thoughtful questions. Sincerely, Catherine West Director Tualatin Resource Center 19945 SW Boones Ferry Rd. Tualatin, Oregon 97062 Phone: 503-603-1588 Fax: 503-691-1642 www.workforceallianceonline.org/trc D67LC~1~u7~c c~ Cc~~ ~eCc~~s-~. -yi ~ The Tualatin Resource Center is part of the Tigard- ~ Tualatin School District. We are a free service and we're here to help! El Centro de recursos de Tualatin es parte del distrito escolar de Tigard-Tualatin. Nuestros servicios son gratis y estamos aqui para ayudarles. iHablamos espanol! We have information about: On-site services: • Counseling Services • Information & Referral • Child Care • Food :Boxes • Legal Help • Clothing • Medical & Dental Care • Parenting Classes • Pregnancy Resources • English Classes • Shelters and Housing • Employment Assistance • Mentoring Opportunities • Hygiene Supplies • Rental & Utility Assistance • Volunteer Opportunities • And more!! • And more!! Tenemos informacion acerca de: En el centro tenemos: • Consejeria • Informacion y referencias • Cuidado infantil • Cajas de comida • Ayuda legal • Ropa • Cuidado medico y dental • Clases para padres de ninos • Recursos para mujeres embarazadas • Clases de ingles • Refugios y alojamiento • Ayuda para buscar empleo • Mentores • Productos higienicos • Asistencia de la renta y la luz • Oportunidades para voluntarios • Y mas!! • Y mas!! Stop in for a free cup of coffee and pastry or give us a call. We'd love to find out how we can work with you to meet your family's needs. Visitenos para un vaso de cafe y un pan dulce gratuito o Ilamenos pronto. Nos gustaria conocerle para trabajar juntos para el exito de su familia. Open Monday-Thursday 8:30am-12:00pm and 12:30pm-2:30pm Abierto Lunes a Jueves 8:30am-12:00pm y 12:30pm-2:30pm . j Rapei to-hea.Y fro-wv yow soo-w! ~ , ~ iEspe,ra*nak s~w visi,t"al o- ! Tualatin Resource Center Old Tualatin Elementary School ~ 19945 SW Boones Ferry Rd. Tualatin, Oregon 97062 l~one.:_.5-03=603-1585 Agenda Item # 3, Q_ Meeting Date June 27. 2006 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Tide A r e SenioY Center Lease Renewal 2006-2010 Prepared By: Loreen Mill Dept Head Okay (if City Mgr Okay CR ISSUE BEFORE THE COUNCI Should the Council renew the Senior Center Lease with Loaves & Fishes for foux years? STAFF RECOMMENDATION Approve a lease renewal with Loaves and Fishes to use the Tigard Senior Center Building and provide senior services, programs and activities to Tigard-area residents from 6/30/2006 through 6/30/2010. KEY FACTS AND INFORMATION SUMMARY The City and Loaves & Fishes (L~ have had a long standing parmership in delivering nutrition, informational and social service pxograms to senior citizens in the Tigard communiry. L&F and the seniors using the Center have been good stewards of the property and programmuig continues to improve to be effective in drawing existing seniors and the baby-boomer seniors to the Center. The current Senior Center lease expires 6/30/06 and has been in place for four years. It is now time to update the lease foY the next four years (expiring 6/30/10). The following changes have been made to the new agreement: ■ Performance measurements of the L&F programs & services will become an annual requirement of the lease ■ Grievance process modified ❑x 1st step Ciry Facilities Coordinator and Seniox Center Manager . ❑x 2nd step City Manager and L&F Executive Director Staff recommends approval of the attached Lease with the City's Facilities Coordinator managing the property. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None ATTACHMENT LIST ■ Senior Center Lease - 2006-2010 FISCAL NOTES The Lease fee is at the rate of $1.00/year. Leases are required to have an exchange of money to be effective. l.oreen\FI:\DOCS\].,cases\CC Summary Sr Cntr Lcase 6-27-06.doc , CITY OF TIGARD L EASE THIS LEASE is made and entered into this 27th day of une, 2006, by and between the Ciry of Tigard, an Oregon municipal corporarion, hereinafter called Ciry, and Loaves & Fishes Center, Inc., a private, non-profit Oregon corporation, hereinafter called Lessee. WITNESSETH: In consideration of the covenants, agreements and stipulations herein contained on the part of Lessee to be paid, kept and faithfully performed, Ciry does hereby lease to Lessee and Lessee hereby leases from the Ciry the premises, including all improvements located thereon, as is, situated in the Ciry of Tigard, County of Washington and State of Oregon, l:nown and described as Tigard Senior Center, 8815 SW O'Mara Street, Tigard, Oregon. The term of this Lease shall be for a period commencing the 30 day of une, 2006 and ending at midnight on the 30th day of une, 2010 at and for a rental of $1.00 for each year or portion thereof during the said term payable in lawful money of the United States at the Tigard Ciry . Hall, 13125 SW Hall Boulevard, Ciry of Tigard, State of Oregon 97223, iniually at signing of this lease and then some time prior to July 111 of each year. The Lessee contracts with Washington County to provide services to senior cirizens, and desires to use the Tigard faciliry. The Ciry desires to locate Loaves & Fishes' services in the Tigard Senior Center facility to provide services, programs and activities to Tigard-area residents. In consideration of the above, each party hereto does hereby covenant and agree as follows: (1) LESSEE'S ACCEPTANCE OF LEASE Lessee accepts sa.id letting and agrees to pay to the order of City the rental stated above for the full term of this lease, in the manner aforesaid. (2) USE OF PREMISES Lessee shall use said premises for the follo~ving use and no other: ➢ Provision of nutrition and social service programs for the elderly and fainilies. Said use may include operation of a nutririon and social service program for the elderly, including, but not limited to, dining room and home-delivered meals, informational, educarional, and recrearional activities, information and referral, health screening, counseling, and fund-raising activities for the program, provided Lessee obtains proper land use and other approvals as ma37 be required prior to initiating operation of said programs. Lessee and Ciry will joindy develop a method to monitor the performance of Loaves and Fishes programs and service delivery through the Tigard Senior Center. The first program and service l.,easc -].,oavcs & l-ishes -'1'igard Scnior Center 2006-2010 p1gc 1 performance measurement report is to be filed with Ciry after the conclusion of the 2007 calendar year. Benchmarks are as follows: ■ Number of participants using nutrition programs ■ Number of ineals served ■ Number of minorities served ■ Number of volunteers and number of volunteer hours ■ Number of participants using educational/recreational programrrung. Lessee shall have use of the facility from Monday at 8:00 A.M. through Friday at 5:00 P.M. Lessee shall have first priority for add.itional use of the facility outside of the hours noted in this paragraph. Lessee's senior programming will target senior education and socialization opportunities. These groups must always welcome seniors and be approved or sponsored by the Center's Steering Cominittee. City will have the right to use and permit the use by others of the building and the equipment, dishes, utensils, pots, pans, etc. under the following terms and cond.irions: 2.1 Center Manager or designated representative will schedule all use of the facility between Monday at 8:00 AM to Friday at 5:00 PM. The City shall assign a designated person to schedule use of the faciliry for all time eYCept between Monday at 8:00 AM through Friday at 5:00 PM. Such use shall not interfere with the daily use by Lessee or the faciliry for the operation of a nutririon and social service program for the elderly; 2.2 Lessee shall assure equipment, dishes, and utensils are left in a sarutary and safe condition; 2.3 City shall be responsible for use by such other users authorized by the Ciry. Ciry shall require such other users wishing to use the kitchen to meet,with the Center Manager or designated representative prior to use for kitchen use training. Costs incurred by Lessee resulting from other use will be reimbursed by the Ciry; 2.4 City shall be responsible for the replacement of any equipment, plates, glasses, cutlery, or utensils lost or damaged by such users as the Lessee/Ciry shall discover in its use or supervision of such other use of the facility; and 2.5 City shall be responsible for replacement of food, cleaning compounds, paper, and the supplies owned by Lessee and used by such other users. Lessee will not make any unlawful, improper or offensive use of the premises; remove any portion of the structure or fi.Ytures, nor suffer waste thereof. Lessee will not pernzit anything to be done upon or about said premises in any way tending to create a nuisance, be that at common law or by ordinance or by statute. Lessee shall not store gasoline or other highly combustible materials on said premises at any time nor use sa.id premises in such a way or for such purposes that the fire insurance rate is therebv J increased or that would prevent City from taking advantage of reduced premium rates for long term fire insurance policies. l.,casc - I..oavcs & Fishes - Tigard Senior Center 2006-2010 Pagc 2 Lessee shall comply, at Lessee's own expense, with all laws and regulations of any municipal, counry, state, federal or other public authority respecting the use of said premises. Lessee shall regularly occupy and use the premises for the conduct of Lessee's business, and shall not abandon or vacate the premises for more than ten (10) days without written approval of City eYCept when required for major structure maintenance or remodel which would require relocation of Lessee's business for safety/health reasons. (3) FURNISHINGS AND EOUIPMENT In the event of termination of this agreement, all such furnishings, equipment, and decorations which are permanendy attached to the faciliry shall remain in the faciliry in good repair, with allowance for wear and tear, occasioned by normal use. Each of the parties hereto including the City shall retain ownership of any non-fixture equipment, pots, pans, dishes, utensils, and other personal properry acquired by its own funds, by funds received from grants and donations to such parry for the purpose of acquiring such personal property, or such personal property as may be donated to such parry. (4) UTILITIES/MAINTENANCE Ciry shall pay for all heat, light, water, sewerage and storm drainage fees, power, sanitary services, and other utilities used in the above premises during the term of this lease eticept for telephone. Lessee will pay for all telephone utilities. City shall be responsible for janitorial and regular maintenance of the building. Lessee xvill keep the kitchen clean, in such a way as to meet the standards of Oregon State Health Division for daily cleanliness: repairs, equipment maintenance, and seasonal cleaning are the responsibility of the Ciry. (5) TAYES Lessee agrees to pay all taxes and assessments which during the term of the Lease may become due, become a lien or which may be levied by the state, counry, city, or any other taY- levying body upon the premises. Furthermore, Lessee agrees to pay all taxes and assessments on any taxable interest obtained by Lessee through this Agreement or on any taxable possessory interest, which Lessee may have in or to the premises by reason of its occupancy. Furthermore, Lessee agrees to pay all taxes on all taxable property, real or personal, owned by it in or about the premises. Upon making such payments, Lessee shall give the City a copy of the receipts and vouchers showing payment. Lessee understands that Ciry property is etempt from properry taxation until leased to a tatiable entity. Should Lessee be a non-taxable entiry, Lessee will be responsible for making application to Washington Counry for e:cempt status from property talation. Upon being granted exempt status on the properry, Lessee will file a copy of said etemption with the City. I.ca,c - l.oavcs & Fishcs - T'igard Scnior Centcr 2006-2010 Vagc 3 In the event that the term of the Lease extends beyond June 30 of any year, Lessee shall be responsible for payment of all property taxes for the entire tas year without pro-ration, or, in the event of any change in property tax law, for any taxes due under such law. With respect to assessments for public unprovements which are or may be payable in Bancroft installments, Lessee shall be required to pay only those installments which become due during the term of the Lease or this Amendment. (6) REPAIRS AND IMPROVEMENTS Ciry hereby agrees to maintain and keep said premises (inciuding all interior and esterior doors, heating, ventilating and cooling systems, interior wiring, plumbing and drain pipes to sewers or sepuc tank), in good order and repair during the entire term of this lease at City's own cost and expense. Lessee further agrees they Nvill make no alteration, addition or improvements to or upon said premises without the prior written consent of the City. The City will provide light bulbs and fluorescent tubes, toilet rissue, paper towels, toilet soap and such other supplies needed for daily operarion in the restrooms and sink areas outside of the kitchen area. Ciry agrees to maintain the exterior walls, roof, gutters, downspouts and foundations of the building and the sidewalks thereabouts. It is understood and agreed that City reserves to itself (and to at any and all times shall have) the right to alter, repair or improve said premises, or to add thereto and for that purpose at any time may erect scaffolding and all other necessary structures about and upon the premises, and City and Ciry's representatives, contractors and their respective employees and agents for that purpose may enter in or about the said premises with such materials as may be necessary, and Lessee waives any claim to damages resulting there from. (7) CITY'S RIGHT OF ENTRY It shall be lawful for City, its agents and representatives, at any reasonable time to enter into or upon the premises for the purpose of examining into the condition and use. (8) T'ERMINATION OF LEASE Failure to provide services in accordance with the contract to the satisfaction of the Ciry, or its designee, shall result in written notification. Such notification shall be addressed to the Loaves & Fishes Center Director and shall delineate the inadequacies and provide specific remedies stipulating a deadline for resolution not less than 60 days from the date notification was received by the Director. Failure to remedy shall result in termination of the conrract by the Ciry. (9) LIENS Lessee will not permit any lien of any kind, rype or description to be placed or imposed upon the building in which said leased premises are situated, or any part thereof, or the real estate on which it stands. I.easc - I..oavcs &Fishcs -"1'igard Senior Centcr 2006-2010 Page 4 (10) ICE, SNOW, DEBRIS City shall at all times keep the sidewalks in front of the premises free and clear of ice, snow, rubbish, debris and obstruction, and will not pern-ut rubbish, debris, ice or snolv to accumulate on the roof of the building so as to stop up or obstruct gutters or down spouts or cause damage to said roof. (11) OVERLOADING OF FLOORS Lessee will not overload the floors of said premises in such a way as to cause any undue or serious stress or strain upon the build.ing, and City shall have the right, at any time, to call upon any competent engineer or architect whom Ciry may choose, to decide whether or not the floors of said premises are being properly used. The decision of said engineer or architect shall be final and binding upon Lessee; and in the event that the engineer or architect decides that the stress or strain is such as to imperil said build.ing in whole or in part, Lessee agrees to immediately relieve said stress or strain in a manner satisfactory to Ciry. (12) NO USE OF HAZARDOUS SUBSTANCES No handling, storage, generation, crearion, disposal, transportation or discharge of any Hazardous Substances shall be permitted on or about the premises by Lessee, its employees, agents, customers or contractors. This restriction does not apply to ordinary office and jarutorial supplies available over the counter for common use by membexs of the general public. Nor shall this prohibition apply to substances fully contained inside of motor vehicles if they are used in accordance with all applicable legal requirements. As used in this section, "Hazardous Substances" shall mean any substance, material or product defined or designated as hazardous, tosic, radioactive, dangerous or regulated wastes by any federal, state or local regulatory agency. (13) SIGNS Lessee may alter the existing free-standing sign structure upon receipt oE a sign permit from the Ciry of Tigard, but shall not, Nvithout prior written consent of the City, use the outside walls oE said premises, or allow signs or devices of any l;ind to be attached thereto or suspended there from. (14) FIXTLJRES , All partitions, plumbing, electrical wiring, addirions to or impYOVements upon said leased premises, whether installed by City or Lessee, shall be and become a part of the building as soon as installed and the properry of City unless otherwise herein provided. (15) LIGHT AND AIR This lease does not grant any rights of access to light and air over the property. l.ca,c -1,oaves & Uishes -1'ignrd Seiuor Cen[er 2006-2010 Yage 5 (16) DAMAGE BY FIRE OR OTHER CASUALTY In the event of any damage to the properry by fire or other casualry, eitlier party hereto may terminate this lease as of the date of said fire or casualty. (17) GRIEVANCES The resolution of any grievances between the parties shall first be attempted between the Ciry Facilities Coordinator and Loaves & Fishes Center Manager. Grievance resolution second step will be benveen the Ciry Manager, or designee, and Loaves and Fishes Executive Director or designee. (18) INDEMNIFICATION Lessee agrees to fully indemnify, hold harmless and defend the City, its City Council, officers and employees from and against all losses, expenses, claims and actions (including all eYpenses incidental to the investigation and defense thereo~ of any kind or nature including, but not limited to, claims or actions based upon or arising out of damages or injuries to third persons or their property, proximately caused (or allegedly caused) through the fault of Lessee, its employees or agents in the use and/or occupancy of the premises. The Ciry shall give Lessee prompt and reasonable notice of any such claims or actions known to the City, and Lessee shall have the obligation to investigate, compromise and defend same, provided such claun is not caused by the negligence of the Ciry, its employees or agents. In the event that there is any bodily injury at, or properry damage to, any portion of the premises caused by Lessee or any third parry, Lessee shall unmediately notify the City's Risk Manager and cooperate in the City's investigation of said incident. Lessee shall make all reports or documents concerning the incident, whether in their possession or the possession of their insurance carrier available to the Ciry and cooperate with the City in investigating, compromising or litigating the claim against those parties. For any property damage done to or caused by the fault of Lessee, Lessee shall be given the option of repairing the damage or having the City repair the damage at Lessee's expense. The Ciry shall give written notification to Lessee of any damage requiring repair and give Lessee thirry (30) days to commence repair. If within that period, or such other period as may be mutually agreed upon, no effort has been made to effect repairs, then the repairs will be performed by the Ciry and billed to Lessee. For damage done to or at the properry or premises by third parties for which Lessee is not responsible, the City shall bear the initial cost of investigating, compromising or litigating the claim, but may recover such costs if othenuise permitted by law or this Agreement. l..casc - l.,oaves & l"ishes -Tigard Senior Center 2006-2010 Page 6 (19) INSURANCE REOUIREMENT Insurance requirements set forth below do not in any way limit the amount or scope of liability of Lessee under this Agreement. The amounts listed indicate only the minimum amounts of insurance coverage the City will accept to help insure full performance of all terms and conditions of this Agreement. All insurance required by Lessee under this Agreement shall meet the following minimum requirements: (19.1) Certificates: Notice of Cancellation. On or before the Effective Date, Lessee shall provide the Ciry with certificates of insurance establishing the existence of all insurance policies required under this Section. Thereafter, the Ciry must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty• (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire initial Term and any eltension thereof. Insurance canceled without City consent shall be deemed an iinmediate Event of Default under this Agreement. The Ciry shall also be given certified copies of Lessee's policies of insurance, upon request. (19.2) Additional Insured. The City shall be named as an additional insured in each required policy and, for purposes of damage to the Premises, as a loss payee. Such insurance shall not be invalidated by any act, neglect or breach of contract by Lessee. (19.3) Primary Coverage. The required policies shall provide that the coverage is primary, and will not seek any contribution from any insurance or carried by the Ciry. (19.4) Company Ratings. All policies of insurance must be written by companies having an A.M. Best rating of "A" or better, or equivalent. The Ciry may, upon thirty (30) days written notice to Lessee, require Lessee to change any carrier whose rating drops below an A rating. (19.5) Required Insurance. At all times during this Agreement, Lessee shall provide and maintain the following rypes of coverage: 19.5.1 General Liability Insurance. Lessee shall maintain an occurrence form commercial general liability policy, personal injury liabiliry, for the protection of Lessee and the Ciry, insuring Lessee and the City against liability for damages because of personal injury, bodily injury, death, or damage to property (including the loss of use thereto and occurring on or in any way related to the premises or occasioned by reason of the operations of Lessee. Such coverage shall name the Ciry as an additional insured. Coverage shall be in an amount of not less than ONE I.,casc -].oavcs & Pishcs -'1'igard Senior Ccntcr 2006-2010 pagc 7 MILLION DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury and properry damage for all coverage specified herein. City will also provide the same coverage, naming Loaves and Fishes as an additional insured. 19.5.2 Fire Legal Liability Insurance. The Ciry shall insure the building space and all unprovements affixed thereto considered to be part of premises, being managed by Lessee. Lessee is responsible to insure all of its own personal properry, which items shall not be covered by Ciry insurance. Furthermore, Lessee must at all times carry Fire Legal Liabiliry insurance coverage in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000). Such coverage shall name the City as an additional insured. 19.5.3 Workers' Compensation Insurance, Lessee shall maintain in force Workers' Compensation insurance for all of its employees. In lieu of such insuxance, Lessee may maintain a self-insurance program meeting the requirements of the State of Oregon. (19.6) Periodic Review. The City shall have the right to periodically review the types, limits and terms of insurance coverage. In the event the Ciry determines that such types, limits, and/or terms should be changed, the Ciry will give Lessee a minimum of thirty (30) days notice of such determination and Lessee shall modify its coverage to comply with the new insurance requirements of the Ciry. Lessee shall also provide the City with proof of such compliance by giving the Ciry an updated certificate of insurance within fifteen (15) days. (19.7) Subrogation. EYCept as limited by this subsection, the parties hereto waive any right of action that they might have against the other for loss or damage, to the extent that such loss or damage is covered by any insurance policy or policies and to the ettent that proceeds (which proceeds are free and clear of any interest of third parties) are received by the parties claiming the loss or damage. This waiver of subrogation shall not extend to any applicable deductibles under such policy or policies. (20) DELIVERING UP PREMISES ON TERMINATION At the expiration of said term or upon any sooner termination, Lessee will quit and deliver up said leased premises and all future erecrions or additions to or upon the same to Ciry or those having City's estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, damage by fire, unavoidable casualry and the elements alone excepted, as the same are now in or hereafter may be put in by City. l.,c;ase - Loaves & Fishes -1'iKard Senior Center 2006-2010 page 8 (21) BREACH OF LEASE TERMS If Lessee fails to keep, perform or observe any of the terms and/or conditions unposed on it by this Lease for a period of thirry (30) or more days after written notice of said failure by the Ciry, or Lessee fails to surrender possession of the premises at the Lease's canclusion, then, and in either event the City may terminate the Lease at any time thereafter 'vithout further notice or demand on Lessee, enter the premises and lawfully repossess it, eYpel Lessee (as well as any others claiining through Lessee) and remove/store Lessee's effects (all at Lessee's expense) lvvithout prejudice to any other xemedy, action or suit which the City may be entided to for arrearage, damages to the property or its interests and/or breach of this lease. . PROVIDED, ALWAYS, and these presents are upon these conditions, that (1) if Lessee shall fail or neglect to do, keep, perform or observe any of the covenants and agreements contained herein on Lessee's part to be done, kept, performed and observed and such default shall continue for thirty (30) days or more after written notice of such failure or neglect shall be given to Lessee, or (2) if on the expiration of this lease Lessee fails to surrender possession of said leased premises, then and in either or any of said cases or events, City may terminate this lease and at time thereafter, without further demand or notice, may enter said premises and repossess the same, and espel said Lessee and those clairning by, through and under Lessee and remove Lessee's effects at Lessee's eYpense, and store rhe same, all without being deemed guilty of trespass and writhout prejudice to any remedy which otherwise might be used for arrears of rent or preceding breach of covenant. Neither the termination of this lease by forfeiture nor the taking or recovery of possession of the premises shall deprive City of any other action, right, or remedy against Lessee for possession or damages, nor shall any omission by City to enforce any forfeiture, right or remedy to which City may be enritled be deemed a waiver by Ciry of the right to enfoxce the performance of all terms and conditions of this lease by Lessee. (22) HOLDING OVER In the event Lessee for any xeason shall hold over after the etpiration of this lease, such holding over shall not be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy from month to month which may be terminated at will at any time by Ciry. (23) NOTICES Any notice required by the terms of this lease to be given by one parry hereto to the other or desired so to be given, shall be sufficient if in writing contained in a sealed envelope, deposited in the U.S. Registered Mails with postage fully prepaid, and if intended fox City herein then if addressed to said Lessor, in care of the Facilities Coordinator, at Tigard City Hall, 13125 SW Hall, Tigard, Oregon 97223 and iE intended for Lessee then if addressed to Lessee, in care of rhe Director, at 8815 SVU O'Mara Street, Tigard, Oregon 97223. Any such notice shall be deemed conclusively to have been delivered to the addressee thereof forry-eight (48) hours after the deposit thereof in said U. S. Registered Maiis. l.easc - I.oavcs & I~ishes -"figard Senior Ccnrer 2006-2010 1 aKe 9 (24) HEIRS AND ASSIGNS All rights, remedies and liabilities herein given to or unposed upon either of the parties hereto shail extend to, inure to the benefit of and bind, as the circumstances may require, the heirs, executors, administrators, successors and, so far as this lease is assignable by the term hereof, to the assigns of such parties. (25) ASSIGNMENT No part of this Agreement may be assigned, nor may a right of use to any portion of the ptemises or property be conferred on any third person by any other means, without the prior written consent of Ciry. Any assignment or attempted assignment without the Ciry's prior written consent shall be void. (26) CONDEMNATION If the premises or any interest therein is taken as a result of the eYercise of the right of eminent domain, this Agreement shall terminate as to such portion as may be taken. (27) NON-WAIVER Waiver by either party of strict performance of any provision of this Agreement shall not be a wavier of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. (28) ADHERENCE TO LA`YI Lessee shall adhere to all applicable federal, state and local laws, rules, regulations and ordinances, including laws governing its relationship with its employees, including but not limited to, laws, rules, regulations and policies concerning Workers' Compensation, minunum and prevailing wage requirements and occupational safery and health requirements. (29) TIME OF ESSENCE It is mutually agreed that time is of the essence in the performance of all covenants and conditions to be kept and pexformed under the terms of this Agxeement. (30) WARRANTIES/GUARANTEES Except for those warranties specifically set forth herein, the City makes no warranty, guarantee or averment of any nature whatsoever concerning the physical condition of premises, ' and it is agreed that the Ciry will not be responsible for any loss, damage or costs which may be incurred by Lessee by reason of any such physical condition. lxasc - l,oave. & Fishcs -'1'igard Senior Cen[rr 2006-2010 Pagc 10 (31) HEADINGS The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. (32) CONSENT OF CITY Whenever consent approval or direction by the Ciry is required under the terms contained herein, all such consent, approval or direction shall be received in Nvriting from the Ciry Manager. (33) MODIFICATION Any modification of this Agreement shall be mutually agreed upon and reduced to writing, and to the extent it does not affect a major business term of the Agreement, may be done for the Ciry, by its City Manager. (34) GOOD FAITH The terms and conditions set forth in this Agreement are for the benefit oE both parties. The parties further agree and understand that time is of the essence. In the performance of the duties and obligations set Forth herein, there is an obligation and dury of reasonable diligence and good faith imposed an the parties to fulfill the terms, conditions and covenants in this Agreement. (35) ATTORNEY FEES In the event of a dispute between the parties as to the interpretation or applicabiliry of any of the provisions of the Agreement and the parties are unable to resolve the matters through mediation within thirty (30) days of notice oE the d.ispute, and thereafter a suit or action is instituted in connection therewith, the prevailing party shall be entided to recover in addition to costs and disbursements (including experts fees and all costs associated xvith discovery), such sum as the court may adjudge reasonable as attorney fees, or in the event of appeal, such fees as may be as allowed by the appellate court. Washington County District Court shall be the venue Eor an action or suit concerning the terms of this Agreement. (36) ENTIRE AGREEMENT It is understood and agreed that this instrument contains the entire Agreement beriveen the parties. It is further understood and agreed by Lessee that the City and its agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement, eYCept as in this Agreement expressly set forth. Lcasc - Loavcs & Pishcs -'1'ignrd Scnior Cen[er 2006-2010 Pa};c 11 (37) WARRANT OF AUTHORITY The individuals executing this Agreement warrant that they have full authority to execute this Agreement on behalf of the entiry for whom they are acting herein. IN WITNESS WHEREOF, the respecrive parties have executed this instrument in duplicate on this, the day and year first hereinabove written, any corporarion signature being by authoriry of its Board of Directors or Council. CIT'Y: CITY OF TIGARD LESSEE: LOAVES & FISHES CENTERS, INC.. By: ~ ~eA ' By: g Dirksen, Mayor Joan Smith, EYecutive Director ]..orecn\1-I:\DOCS\Leascs\Senior Center Lease 2006-2010.doc l.,ease -],oavcs & Fishes -'figard Senior Center 2006-2010 page 12 Agenda Item # 3 , 3 Meeting Date 6-27-06 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda T"ide MTIP (Metro~olitan Transportation Improvement Program) Project Proposals Prepared By: Duane Roberts Dept Head Okay CityMgr Okay ISSUE BEFORE THE COUNQL AND KEY FACTS Should Council authorize the submittal of two proposals for Metropolitan Transponation Improvement Program (MTTP) f unding. STAFF RECOMMENDATION Staff recommends Council approve the resolution authorizing the submittal of two grant applications. KEY FACTS AND INFORMATION SUMMARY On June 20, 2006, Council heard a staff presentation on the MTTP grant progxam and on potentially eligible local projects. MTTP identifies how all federal transportation moneyis scheduled to be spent in the Portland metropolitan region. This includes some 30 million dollars in flexuble funds to finance a wide variety of transportation-related projects and programs. Metro distributes this flexible moneyto local jurisdictions, public agencies, and special districts based on applications submitted byproject sponsors. Metro currentlyis accepting applications for the 2008-11 MTTP funding cycle. Applications are due June 30, 2006. Staff is recommending the Citysubmit two Downtown-related projects for IVTITP funding: Redesign of the Transit Center Site. One of the proposed projects is a master plan for a joint redevelopment project with TriMet for the existing Bus Transit Center site. The overall goal would be to upgrade and modernize the existing f acility to improve its ef f iciency and compatibility with a revitalized Town Center area. Design/Construction of Main Street IMrovements. This project would provide engineering drawings and construction funds to retrofit a portion of Main Street in Downtown to full "Green Street" standards. Earlier, copies of the two applications were forwarded to the Finance Department for financial review and endoisement. Full copies of the two applications are available in the CityRecorder's Office. OTHERALTERNATIVES CONSIDERED Not to submit one or both project proposaLs. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The two projects are consistent with 2006 Council goal of Implementing the Downtown Plan and with the Community Character and Qualityof Life Visioning goals of upgrading the Central Business District (Goals 1 and 2). ATTACHIVIENT LIST 1. A resolution authorizing the submittal to Metro of Metropolitan Transportation Improvement Plan grant proposals for Main Street improvements and Transit Center master planning. FiscAL NorEs The grant amounts requested for the Station and Green Streets projects are $300,000 and $2.4 million, respectively. In the case of both projects, the required local match shares are 10.3%. To improve each project's chances of being picked for funding, staff is proposing respective over matches of $100,000 (25.0% of the total project cost) and $500,000 (17.2% of the total project cost). The funding source in both cases would be Gas Tax dollars. The Metro application process calls for grants to be awarded for federal years 2010 and 2011. No local matching dollars have been allocated as yet. i/lrpln/council materials/06/6-27-06 MTIP proposals Agenda Item # 37 Meeting Date June 27, 2006 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Tide A Resolution A1212roving Budget Amendment #14 to the FY 2005-06 Budget to Correct Budeet Amendment #12 Which Increased A~br6riarions in the Community Services Program instead of the Policy & Administration Program. Prepared By: Michelle Wareing Dept Head Okay Ciry Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Shall the City Council approve Budget Amendment #14 to FY 2005-06 Budget to Corxect Budget Amendment #12, which increased appropriations in the Communiry Services Program instead of the Policy & Administxation Program for the Mayor and Council Division's expenditures? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #14. KEY FACTS AND INFORMATION SUMMARY On May 9, 2006, City Council approved Budget Amendment #12, which was intended to increase appropriations in the Mayor and Council Division budget. However, it erroneously stated in the Resolution and Attachment A to the Resolution that the Mayor and Council Division is budgeted in the Community Services Program. This is incorxect as the Mayor and Council Division is actually budgeted in the Policy & Admitustration Program. This budget amendment will decxease appropriations in the amount $8,879 in the Communiry Services Program and increase appropriations in the Policy & Admuustration Program. This change does not increase the total operating budget for the General Fund. It only changes the budgeted amounts for each program. This budget amendment is necessary, so that the Mayor and Council Division budget can be increased as was the intent of Budget Amendment #12. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None ATTACHMENT LIST Resolution including Attachment A FISCAL NOTES This budget amendment has a net zero impact on the total General Fund operating budget. It only changes which program the appropriation is budgeted within the General Fund. Agenda Item # ~ • Meeting Date June 27, 2006 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Tide Intergovernmental Agreement with Oregon Department of Transportation for the Transportation and Growth Management (G1Vt Grant to prepare the Highway 99W Corridor I=rovement and Mana ement Plan Prepared By: A.P. Duenas Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Should Council approve the Intergovernmental Agreement (IGA) with Oregon Department of Transportation (ODO'I) and authorize the City Manager to execute the final documents when they are ready for signature? STAFF RECOMMENDATION That Council, by motion, approve the IGA with ODOT and authorize the City Manager to execute the documents when ready. KEY FACTS AND INFORMATION SUMMARY The City received a TGM grant from ODOT for preparation of the Highway 99W Corridor Improvement and Management Plan. The TGM funding is contingent upon execution of an agreement with ODOT for the project. The agreement is now being prepared by ODOT and will be sent to the Ciry for review and approval upon completion. A draft IGA has been sent to the City from ODOT for inclusion in this agenda summary. The draft docutnent is subject to review and may be changed before it is finalized for approval. However, the final document is expected to be sunilar in form and content to the attached draft IGA. To ensuxe that the project commences in a timely manner and is not delayed by the approval process, Council is requested to approve the IGA with ODOT and authorize the City Manager to sign the docuxnents when they are ready for signature. Attached are a copy of the draft IGA and the project objectives together with the list of tasks contained in the Statement of Work. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Major projects to unprove state facilities in the City and to provide alternate off-highway connections support the Council goal to It*rove 99W Corridor and would meet the Tigard Beyond Tomorrow goal of Impmve Trac Flow. ATTACHMENT LIST 1. Draft IGA with ODOT 2. Project Objectives and Task List in the Statement of Work FISCAL NOTES The TGM grant amount is $176,000. The City's matching amount is $24,000. Funding in the amount of $125,000 is available in FY 2005-06 for the project. The amount of $20,000 is available in FY 2006-07. Execution of the agreement was expected to be in FY 2005-06 with the $20,000 in FY 2006-07 established as matching funds for possible increase in scope of work to include further land use analysis. If the agreement is executed in FY 2006-07, there will be a need to submit a budget amendment to provide the local matching funds needed for both the basic agreement and any additional local matching required for increase in project scope. i:\engVus\coundl egenda summadeslnew egentla summary Iormafl8-27-06 192 with otlot for the tgm projed ais.0oc Attachment 1 TGM Grant Agreement No. 0 TGM File Code 1 M-OS EA # TGM7LA37 INTERGOVERNMENTAL AGREEMENT City of Tigard, Highway 99W Corridor Improvement and Management Plan THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation ("ODOT" or "Agency"), and City of Tigard ("City" or "Grantee"). t, RECITALS , A l. The Transportation and Growth Management ("TGM".j,,,Program is a joint ~ program of ODOT and the Oregon Department of L~ancl'~~;~Conservationji~~~i,~~ ~d~ Development. q10!' 2. The TGM Program includes a program of grants for local governments for ~4 planning projects. The objective of these prcijects,;;isilt,o better,;integrate transp,o`rtation and land use planning and develop new ways to manage growth m order to achieve compact pedestrian, bicycle, and transit friendly urban developm~i,i ~~~~iil~,~~~,, ~ 3. This TGM Grant (as defned ti"elow) is financedi,<,wrth,yfederal Safe, ai~P~ ° , r~~., Accountable, Flexible, Efficient Transpo,rtation E"quity,Act A~.~I;~egacy for Users ( SAFETEA-LU ) funds Local funds are~~llui sed~,~as matic~h~,~for, SAFETEA-LU funds. , h h,D~'' i l , , ~u;~ 4. By authority granted in ORS 1~91.0.110 and,,283,,?; .110, state agencies may enter ~,~,ii1(ilh; ~i 'i into agreements witliulnits of lo~~c~al governmentor other state agencies to perform any functions and activities,that the parties to the agreement or their officers or agents have 41~ I Ih I1~I~ fl~~l I ~ ~iIl;IiII III~~IIIII~I J~P ~n~~~ the duty or authority to perform.~ I I ;J,, Il~ilii,',,,~h 5,:P'~~,, City~'~has, been auw~arded a TGM Grant which is conditional upon the executton of this Agreement 6. parties des'ire to`enter into this Agreement for their mutual benefit. ~ NOW, THERE,FORE, for good and valuable consideration, the receipt and sufficiency of whicIi's~''hereby acknowledged, the parties agree as follows: SECTION 1. DEFINITIONS Unless the context requires otherwise, the following terms, when used in this Agreement, shall have the meanings assigned to them below: G:\Tgm BoilerPlatesUGA Boiler PlatesUGA_1_Grantee_with_Contractor Cash10-07-0S.DOC -1- TGM Grant Agreement No. 0 TGM File Code 1M-05 EA # TGM7LA37 A. "Consultant" means the personal services contractor(s) (if any) hired by ODOT to do the tasks indicated in Exhibit A as being the responsibility of such contractor(s). B. "Consultant's Amount" means the portion of the Grant Amount payable by ODOT to the Consultant for the deliverables described in Exhibit A for which the Consultant is responsible. ~~~I~~~ ifI`illli!~!illilipim. C. "Direct Project Costs" means those costs which~;:a;re directly associated with the Project. These may include the salaries and benefits of,pers,onnel assigned to the Project and the cost of supplies, postage, travel, and pririting. General administrative ~~fq<<I~Ip~~pp' costs, capital costs, and overhead are not Direct Proj;ec,tCosts. Any,r;,(j;,~urisdiction or metropolitan planning organization that has federally approved indire&;';c,ost plans may treat such indirect costs as Direct Project Costs.~-I~~„,,, , D. "Federally Eligible Costs" means thos~e:~!eosts'ii;wh'ich are Direct;~Project Costs ; of the type listed in Exhibit D incurred by City and C'on'sultant during the term of this Agreement. » or ccGrariyt,t6t~'. ,'nr~illll~~ E. ccGrant Amount ;~~mean; ~~~amoun t of financial assistance n~~u s~(ill4~i;tI urhe total 11~Np"' ~ih~ (including City's Matching Amount) disti,,ursed l,~ urid,eril,this Agreementi , which 1dlll I disbursements consist of the, City's Amount and'the Corisu'1'tant,s Amount. cc ~~i~P~~~i~ 'l',li!i~, . F. Crty;s~~~~;Aimount m,.eans the porti~on of the Grant Amount payable by ODOT to City for perforniing i,,,,the tasks~~~~i'ndicated in E`'~Xhibit A as being the responsibility of ~U~ ~la~'~i C lty• i •i~q~~nll~l" '+~VIU~II~ini{i~ G.~111l,piI,1 i,~~ ikcCity,i;,sI;i;M„atching,;;Ainount» means~ the amount of matching funds which ,,~~;~,iu;~,,,~p~,, City isl'~required to expend to fund the Project. ~ ~ii':; City s Proj'eet~Mana'ger" means the individual designated by City as its H.~ I II Ilip~~, project manager for the Project. i0.T ~ s i Gq nl~~~i.>) I~. ccOD O.tract Administrator» means the individual designated by (ali;~I~i~i~llu.,ao~l0il(10 ODOT to be its contr,aet administrator for this Agreement. J. "PSK" means the personal services contract(s) executed between ODOT and the Consultant related to the portion of the Project that is the responsibility of the Consultant. K. "Project" means the project described in Exhibit A. L. "Termination Date" has the meaning set forth in Section 2.A below. G:\Tgm BoilerPlatesUGA Boiler Plates\IGA_1_Grantee_with_Contractor Cash10-07-OS.DOC -2- TGM Grant Agreement No. 0 TGM File Code 1M-OS EA # TGM7LA37 M. "Total Project Costs" means the total amount of money required to complete the Project. N. "Work Product" has the meaning set forth in Section S.J below. SECTION 2. TERMS OF AGREEMENT ~ A. Term. This Agreement becomes effective on the d~ateL',;on which all parties have signed this Agreement and all approvals (if any) require,d,i(;to be obtained by ODOT have been received. Further, ODOT's obligation to make anyAisbursements under this Agreement is subject to payment of the City's Matching^,A,mourit b_y,.Crty to ODOT. This Agreement terminates on June 30, 2007 («TerminationiiDate 1~~1 U5 B. Grant Amount. The Grant Amounto which includes City's 1Vlatching Amount of $24>000 shall not exceed I,~, I II ~dl~~~~l~l~~~~~~~ C. Citv's Amount. The City's Amount shall~;1not exceed $0. , D. Consultant's Amount 'The Consultant's Amo~~~unt shall not exceed $200,000. V~~ E. Citv's Matching Amount._ T'he Ci,ty's ~Mat'ch}ngAmount is $24,000 or 12% ~~~~C ~iH~ of the Total Project Costs~'~I!,,~ ~ rtv shall pay ODOT the City's Matching Amount at time of the signing of this AQreemenV1li;i;~IIII ~~I~ ON~~;3n;ii~DIiSBURSEMENTS Subject~~toiJ~~h9~l1~submission by City of such documentation of costs and progress ~ ~ ~ ' " , on the Pr~oj ect (including deliverables)~°`as are satisfactory to ODOT, ODOT shall reimbursel,ii,ty only for Direct Project Costs that it incurs after the execution of this ~ Agreement up~lii~to the City'sAmount . Generally accepted accounting principles and definitions of ORS Ili; ,294.31 lp~shall be applied to clearly document verifable costs that are incurred. ~.,,,ii~i~rl~~Il~~p~U~~~ ' 4~i~i~ B. City shall present reimbursement requests, progress reports, and deliverables to ODOT's Contract Administrator no less than every other month. Cityshall submit reimbursement requests for 100% of City's Federally Eligible Costs. C. ODOT shall make interim payments to City for deliverables identified as being City's responsibility in the approved statement of work set out in Exhibit A within 45 days of satisfactory completion (as determined by ODOT's Contract Administrator) of such deliverables. G:\Tgm BoilerPlatesUGA Boiler PlatesVGA_1_Grantee_with_Convactor Cash10-07-OS.DOC -3- TGM Grant Agreement No. 0 TGM File Code 1 M-OS . EA # TGM7LA37 D. ODOT reserves the right to withhold payment equal to ten percent (10%) of each disbursement until 45 days after ODOT's Contract Administrator's approval of the u completion report described Section 5.L(2), at which time the balance due to City under this Agreement shall be payable. E. Within 45 days after the latter of the Termination Date of this Agreement or City's compliance with Section S.L. below, ODOT shall pay to Ci,ty the balance due under this Agreement. ! ~1~'''ll F. ODOT shall limit reimbursement of travel expens,e,s,,,in accordance with current State of Oregon Accounting Manual, General Trayel Rule,s';I;effective on the date the expenses are incurred. <<r,, '''~ui;~~,h "'r;, ~ . ~ i~~M„ er.P SECTION 4. CITY'S REPRESEN~TA;TIONS, WARRANTIES:'1AND ~~~uumii1qi1liil', '~~~~~~I~Illlillhoiu ~i CERTIFICATION~y , 1,'i~l1iil , A. City represents and warrants to ODOT as follows: ~~~1i~ a( GS~~` ~ni~illh ii i~~~~~il ~u ~ 1. It is a City duly organized andti existing un~der~~IIIGVthe laws of the State of ~ Oregon. ~„mri r•, , ~iah 1!~id~i ~7 ~,~pl!I~~~i,~ll~~il~v 2. I,thas full~~ilegal right and~~authorrty to execute and deliver this Agreement i;i~t,o observi~e ~ i i ui,uq ~1, ,and~~~~~~iand perform;;,• ~,ts duties, obligations, covenants and agreements hereunder and~~to undertake and""complete the Project. ~~,~V [11:1(~~All official action required to be taken to authorize this Agreement has"y.been taken!; adopted and,,authorized in accordance with applicable state law ''and the organizationaql docu'ments of City. 11 iii i ~p" i ~Iq;, i ~dUll II I~ Vur'., This Ai `greement has been executed and delivered by an authorized ofli ~~'4 l,i~qi11o,~.f City andlIIxiP ficer~s),constitutes the legal, valid and bmdmg obligation of City h enforceabl~e~iagamst' it in accordance with its terms. ~ 5. ,The authorization, execution and delivery of this Agreement by City, the observation and performance of its duties, obligations, covenants and agreements hereunder, and the undertaking and completion of the Project do not and will not contravene any existing law, rule or regulation or any existing order, injunction, judgment, or decree of any court or governmental or administrative agency, authority or person having jurisdiction over it or its property or violate or breach any provision of any agreement, instrument or indenture by which City or its property is bound. G:\Tgm BoilerPlatesUGA Boiler PlatesUGA_1_Grantee_with_Contractor Cash10-07-OS.DOC -4- TGM Grant Agreement No. 0 TGM File Code 1M-OS EA # TGM7LA37 6. The statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of City. B. As federal funds are involved in this Grant, City, by execution of this Agreement, makes the certifications set forth in Exhibits B and C ~ SECTION 5. GENERAL COVENANTS,OF CITY A. City shall be responsible for the portion of,,th~e Total Project Costs in excess of the Grant Amount. City shall complete the Project,I1~provided, ho"w~euier, that City shall not be liable for the quality or completion of that part of the Project wliich,,Exhibit A ~ ~ describes as the responsibility of the Consultant,11111!" 4~<<li,~(~~~. B. City shall, in a good and workmanlike `mann,eT;perform the work, and provide the deliverables, for which City is identified m E`xhibit A as being responsible. as City's responsibility C. City shall perform such ~v'~v'o~rk~~,identified in E~'~zYi~i~bit A'rip~ a as an independent contractor and shall be,,exclusively responsibl,eunq~~'for all costs and expenses related to its employment of individual~sA~b"`'perform s'uch work. City shall also be responsible for providmg for employment,,relatedi;~ ~ benef ts and deductions that are required by law, inclu~ding;'-~but,not limited to',ifederal and'~state income tax withholdings, unem lo ment taxesi!il.w~orkers compensation coverage' and contributions to any '''j°1~~111110<<' retiremet s ystem~i I~II~fI~III~IIII IIIII I D R, All employers;i,iin~icludingl:Crty~;i~;that employ subject workers as defined in ~ i~~>>~ ORS 656Q27; sliall coply wrth~, O ~RS 656.017 and shall provide workers' compensation insurance coverage for tthose workers,; unless they meet the requirement for an exemption aiUlVllb~ under ORS ,656.126(2). shall require and ensure that each of its subcontractors Ri!~I. ''h~lllh~dli~ ; , complies with, these requirements..~~i, ~~~~~ullll'~' I ~ I{u~~ a E. City,<<shall be responsible, to the extent permitted by the Oregon Tort Claims Act, ORS 30.260 30]300,' only for the acts, omissions or negligence of its own officers, 'i'~`F~ employees or agentsl`ii,4~;Ii,~~'P F. City shall not enter into any subcontracts to accomplish any of the work described in Exhibit A, unless it first obtains written approval from ODOT. G. City agrees to cooperate with ODOT's Contract Administrator. At the request of ODOT's Contract Administrator, City agrees to: (1) Meet with the ODOT's Contract Administrator; and G:\Tgm BoilerPlates\[GA Boiler Plates\IGA_1_Grantee_with_Contractor Cash10-07-OS.DOC -5- TGM Grant Agreement No. 0 TGM File Code 1M-05 EA # TGM7LA37 (2) Form a project steering committee (which shall include ODOT's Contract Administrator) to oversee the Project. H. City shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, applicable provisions of the Oregon Public Contracting Code. Without limiting the generality of the foregoing, City expressly,,,agrees to comply with: (1) Title VI of Civil Rights Act of 1964; (2) Title V and Sectio504 of the Rehabilitation Act of 1973; (3) the Americans with Disabilities Act of 1990 and':ORS 659A.142; (4) all regulations and administrative rules established pursuant::t"o the foreg,oing laws; and (5) ~ all other applicable requirements of federal and state ,ciuil ~~rights and-''rehabilitation u~~Ili~i1llu~l.illl,yi. statutes, rules and regulations. 1. City shall maintain all fiscal rec"or`ds'relating to.;:this Agreement iri l~ ih,. Il;~,~i,,. accordance with generally accepted accounting princ,i;pl,es~~i~u11"In addition, City shall maintain any other records pertinent to this Agreemerif iri!~such a manner as to clearly document City,s performance. City ackno~wledges and agrees.,that ODOT, the Oregon Secretary of State's Office and the feder~al' g'overnment and their,duly authorized I iG~ ly representatives shall have access to such11;fiscal records and otli;`er'books, documents, papers, plans, and writings of City that are,jj,,pertiii.nent1fio~~~t,hi~is~,,ii,,Agreement to perform examinations and audrts and make copies, excerpts and t'I'ranscripts. J itl~~l"~Iu~~ ~ii.l: City shall retain, and keep ccessible alli,;'such fiscal records, books, documents, , papers, plans, and'wrrtingsfor a~l ~minimum of thre,e' (3) years, or such longer period as may be required by applicab,l,el~law;;'fo,11o~w~i~ngfna1 payment and termination of this Agreement; `or until the conclusion of~any audit, controversy or litigation arising out of or related to a !1is n, L~~til4i~ihli th Agreement, whichever date is later. hl J'!~~ (~I (1) All o, ~~r p~~i~~ ity's w,ork product related to the Project that results from l~lil~lillli -pllt" this Agreement (ccWork Product»)`is the exclusive property of ODOT. ODOT and City intend that such1~il;Work Product be deemed "work made for hire" of which ODOT shall be deemed the autlior11;Iif, for.`,any reason, such Work Product is not deemed "work made for hire", City hereby irr~.e;,u«o'cably assigns to ODOT all of its rights, title, and interest in and to any and all of the ,VVork Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. City shall execute such further documents and instruments as ODOT may reasonably request in order to fully vest such rights in ODOT. City forever waives any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. G:\Tgm BoilerPlatesUGA Boiler Plates\IGA_1_Grantee_with_Contractor Cash10-07-OS.DOC -6- TGM Grant Agreement No. 0 TGM File Code IM-OS EA # TGM7LA37 (2) ODOT hereby grants to City a royalty free, non-exclusive license to reproduce any Work Product for distribution upon request to members of the public. (3) City shall ensure that any work products produced pursuant to this Agreement include the following statement: "This project is partially funded by a grant from the Transportation and Growth Management (TGM) Program, a j oint program !`of,,the Oregon Department of Transportation and the Oregon Departm~je~int of Land Conservation and Development. This TGM grant i~s1~fn;airiced, in part, by federal Safe, Accountable, Flexible, Efficient Trarisportatio,on:iiEquity Act: A ~~iu~~~lilu~6luho~. Legacy for Users (SAFETEA-LU), local goveriiment, and Statei,of Oregon funds. i The contents of this document do not~i;necessaurly reflect views,,or,i' policies of the State of Oregon." Il lI' (4) The Oregon Department;,,of Land Conservation and Development and t,~a,a,q~qh ~ < ODOT may each display appropriate pro,du~Ict,s on its "home p <age ,(~N ,P~~,1,mm11 } K. Unless otherwise specified~ in Exliib~it~;~ ,A;,, ,,City shall submit all final products "~~~I;<<. ;,u;~~ . produced in accordance wrth this Agreement torODO~~~,i~iContract Administrator in the s~~~~~~~~~~~~ following form: ! ` ~i ~i ~ii~'~ (1) two;hard;copies, an~d (2) in electronico,fo` rm us~II'l': ±~mgl'generally available word processing or graphics oioq~~IIIIIIIIIIIIIII~III~I~IIIhO~i'l o ~ programs for,~personaii computers via e-maifl or on compact diskettes. Within 30~~d-y a,,ys after the Termination Date, City shall "Ill ~ I I (1) pay to ODO ~i~'~~i~ ity's1~'~' Matching Amount less Federally Eligible Costs ~ ~:ii~~ ~ u~l(I~u~iU previousl yre ported ~as~ Cit y,s Matchin g Amount. ODOT ma y use an y funds pai&1~o,;at und~er this Section S.L (1) to substitute for an equal amount of federal S~E~T'EA-LU funds used for the Project or use such funds as matching funds; and (2) provide to ODOT's Contract Administrator, in a format provided by ODOT, a completion report. This completion report shall contain: (a) The permanent location of Project records (which may be subject to audit); G:\Tgm BoilerPlates\[GA Boiler Plates\IGA_1_Grantee_with_Contractor Cash10-07-OS.DOC - 7 - TGM Grant Agreement No. 0 TGM File Code 1M-OS EA # TGM7LA37 (b) A summary of the Total Project Costs, including a breakdown of those Project costs that are reimbursable hereunder and those costs which are being treated by City as City's Matching Amount; (c) A list of final deliverables; and (d) City's final disbursement request. 1h, SECTION 6. CONSULTAN.T rrre' If the Grant provided pursuant to this Agreeme,intin~cludes a Gonsultant,s Amount, ODOT shall enter into a PSK with the Consultant to, accomplish the work described in Exhibit A as being the responsibility of the Cons~ultant~{IIIJ. In such a case, e~v~e,n though ~ ODOT, rather than City is the party to the PSK with the Consultant, ODOTl ~and!,.City i~o agree that as between themselves: I i ''~nI;j~1,11~ii;i!i;i;~;,~~~;,~ij;iii~~~~,,~~:~~~~~,~~~;;;,~~ . A. Selection of the Consul,t;ant will be condu"cted,,~by ODOT in accordance with ODOT procedures wrth tli&,pa~rticipation and'input of City; I i ~(iilllii B. ODOT will review and approve Coinsult,ant's work, billings and progress ~ re orts after havin obtained~l ~i n ut~~'frorii'C~i p g ty:~p t: C. City shall be resp,o~ sible for prompt communication to ODOT's Contract Admimstrator of its;tcomments regarding (1) and (2) above; and i f ,ii !{I~~`~I~il~~` 1 { ~`i~'~•~~ ~i IIt~~ D ~~lill ~Illi~llllurCi,t `,I;will appo,i,nta Pro~ect,:Manager to: ,(1 be City's prmcipal"°contact person for ODOT's Contract Administrator and ~i111~~ ih, li j°' the Consultant on all'matters!!dealing with the Project; , u!ii~lu~~ (2) ilqii;;'~monitor the work of the Consultant and coordinate the work of the u~~lfllliltil~lyo~.. ~~,F~ Consultanf~111~p~w:ith ODQT's Contract Administrator and City personnel, as necessary; I,,I''ili !'ll!;I~IIIIIIIIiIJI (3) reviewOany deliverables produced by the Consultant and communicate any concerns it may have to ODOT's Contract Administrator; and (4) review disbursement requests and advise ODOT's Contract Administrator regarding payments to Consultant. SECTION 7. ODOT'S REPRESENTATIONS AND COVENANTS G:\Tgm BoilerPlatesUGA Boiler Plates\IGA_1_Grantee_with_Contractor Cash10-07-OS.DOC - g - TGM Grant Agreement No. 0 TGM File Code 1M-05 EA # TGM7LA37 A. ODOT certifies that, at the time this Agreement is executed, sufficient funds are authorized and available for expenditure to finance ODOT's portion of this Agreement within the appropriation or limitation of its current biennial budget. B. The statement of work attached to this Agreement as Exhibit A has been reviewed and approved by the necessary official(s) of ODOT. C. ODOT will assign a Contract Administrator for this~,~'Agreement who will be ODOT's principal contact person regarding administration of,;tliis Agreement and will , participate in the selection of the Consultant, the monitorin,g~~~ilfi!i~i~d o~~ ;;~thie~Consultant's work, and the review and approval of the Consultant s work' bi,llings and";progress reports. ilo ~~~III,y„ D. If the Grant provided pursuant to this[,~Agre piement includ'es~II~~III~I~il, Consultant's Amount, ODOT shall enter into a PSK with the,Consultant to perform the,ijwork,described in Exhibit A designated as being the resPonsibili of the 6onsultant, and in'such a case ODOT agrees to pay the Consultant in accordance''~w1th the:ferms of the PSK` up to the Consultant's Amount. SECTION: 8' , TERMINATION!11;~j, ~i ~:t1.~~11A1~k~ This Agreement may be terminated~by mutu;al written consent of all parties. ODOT may terminate this Agreement effective;;,upon delivery of written notice to City, or tiaa~ . u~1ii~~~~ t' 91ii ~i+o o at such later date as may,,,,,b' e.~„established by ODOT under~but not limited to, any of the following conditions:11'~1'I j~li~f1iji' ~ F; I A. Cityn;fails tqcomplete work~',specified in Exhibit A within the time ~n~i~~llllll specified i,inthis Agreement, mcl'udtrig<<<any extensions thereof, or fails to perform any~ of the pro~~is~ions o ty,tll~is Agreement and does not correct any such failure within 10 days o~receipt of,written notice or the date specified by ODOT in such ,~„ooidll~Ivv~ritten notice. 1111,11 ~111jI11,,° i) •d~;~ Consultant fails to complete work specified in Exhibit A within the time speci~f ed in thi~s~il"Agreement> including any extensions thereof> and does not "u11li+i!ilhni~ W, ~~„i correct any suchi,,failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice. C. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this. Agreement is prohibited or ODOT is prohibited from paying for such work from the planned funding source. G:\Tgm BoilerPlates\IGA Boiler PlatesUGA_1_Grantee_with_Contractor Cash10-07-OS.DOC -9- TGM Grant Agreement No. 0 TGM File Code 1 M-OS EA # TGM7LA37 D. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. In the case of termination pursuant to A, B, C or D above, ODOT shall have any remedy at law or in equity, including but not limited to termination of any further disbursements hereunder. Any termination of this Agreeme,rit-,'~sh~all not prejudice any right or obligations accrued to the parties prior to termmation. SECTION 9. GENERAL PROVI3IONS~! ~ ~d~~~~~~~~~~~I~~~~G~lil4lpo A. Time is of the essence of this Agreef'ment. ~~~~III !I f, ~ ~~U Il~i~ ~IIII~I~~illmnniiPilU B. Except as otherwise expressly provii~de~d in thi~sl kAgreement, any;~notices to be given hereunder shall be given in writing by personal,delivery, facsimile;lor mailing ~ i11~ ~~lllli the same, postage prepaid, to ODOT or City at the addrehss or number set forth on the p1i0111i1!I!Ii~~~, signature page of this Agreement, or'to~l!;such other addressesll i,or numbers as either party , may hereafter indicate pursuant to this'~Sec iuihon. Any communrcation or notice so addressed and mailed is in effect five (5)~ days after,,the date postmarked. Any communication or notice delivered by faesimile.,sh°all,,be~;deemed to be given when receipt of the transmission is generated by the transmitting macliirie. To be effective against ~ii ODOT, such facsimilejtrarismission must be1~eonfirmed by telephone notice to ODOT's n~lllll'' II~~IId~a Contract Administrat~o,rAny comIIIh,munication'4lfor notice by personal delivery shall be deemed to be given when actually delivered. C. , ODOT and Citya are the onl~yparties to this Agreement and are the only " 1 I r, • P4111 ~~q4, parties entit~led to enforce the terrris of this Agreement. Nothing in this Agreement gives, is ~ ~ ~411j(IU~lI~~i{!H intended to give, or shall be„ construd 10°give or provide any benefit or right not held by or ~~h~i'dpo~~ mad`e generally available to~~:the public, whether directly, indirectly or otherwise, to third persons (includmg but not limited to any Consultant) unless such third persons are individually ide,ntif ed by name herein and expressly described as intended beneficiaries of the terms of this Agreement'? D. Sections+J;5(I), 5(K), 5(L) and 9 of this Agreement and any other provision which by its terms is'l'i intended to. survive termination of this Agreement shall survive. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between ODOT (andlor any other agency or department of the State of Oregon) and City that arise from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit G:\Tgm BoilerPlatesUGA Boiler PlatesUGA_1_Grantee_with_Contractor Cash10-07-OS.DOC - 10- TGM Grant Agreement No. 0 TGM File Code 1M-05 EA # TGM7LA37 Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. City, BY EXECUTIQN OF THIS ~rJ~~~lai~➢h~. AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAlVI'JIJRISDICTION OF , SAID COURTS. ~I r f ~ p F. This Agreement and attached E~chibits (wliich are by~this reference incorporated herein) constitute the entire agreementb~e,tween the parti;;e„s,on the subject matter hereof. There are no understandings, agreements,+0or representations, oral or written, not specified herein regarding this Agr~e,~o~~UB~ m,ent. No~,modification o~;;r~ chan~ge of terms of this Agreement shall bind either party unlyessm writmg and signed~by all parties and all necessary approvals have been obtained. Budg;et,modifcations and'adjustments ~ i~~ii~ from the work described in E~ibit A must be processedi!as, an amendment(s) to this ~i yltlin~ Agreement and the PSK. No waiver or:,,; consent shall be effective unless in writing and ~V~I~I~~~hl~l~hlnulllliU~ ~ ~Q y' signed by the party against whom such ~waiverii~,or,consent is4~as i',I!s" ,erted. Such waiver, ~IIII ~Illillq~,,. ~I ,i " consent, modification or change, if made;, ~!shall`be1!effective only in the specific instance and for the specific purpose given. The i falure o„f ODOTrto::en1p`d~force any provision of this ti'qVlt, n,{lu' ~...f,~~,n.., I~ ~ Agreement shall not constitute-!:a waiver by ODOT of that':~or any other provision. 'q~l ' q~! I On June 18, 2003, the Oregon '~%i:Transpo~tati,on Commission ("Commission") approved Delegation Order No 2, which authorizes"~,tlie Director of ODOT to approve and execute agreeme,nts for day `~t`o day, operaf;ions when the work is related to a project included in the Statewide,Transportation I,mprovem;eri"t Program ("STIP") or a line item in the biennial budget approved by the Co,:,, ~,mmissio'' I I I I I ~~I~j i~~~jilp~,,, I~I~I jl On April 12, 2004;~~,;the tl~.,Director approved Subdelegation Order No. 10 in which the 'VI~~I~lIiI~N~i'I 781 II Director delegates a,uth,onty to the Division Administrator, Transportation Development, ~ to approve and execute personal service contracts and agreements over $75,000 for programs within the Transportation Development Division when the work is related to a project included in the STIP or in other system plans approved by the Commission or in a line item in the legislatively adopted biennial budget. G:\Tgm BoilerPlates\IGA Boiler PlatesUGA_l_Grantee_with_Contractor Cash10-07-OS.DOC -11- TGM Grant Agreement No. 0 ~ TGM File Code 1M-OS EA # TGM7LA37 City ATTORNEY GENERAL'S OFFICE City of Tigard Approved as to legal sufficiency by the Attorney General's office. By: (Official's Signature) By: (Official's° Signature) , << Date: (Printed Name' and Title of Official) D1} 6ei. l~It~~IJ~M ~~Pd~1111 ~L ,lr I I,~ R ODOT 4~~~,,~,.,,,,~~~ STATE OF OREGON, by and throu'ghj its Department of Transportation B y: Craig Greenleaf, Deputy Director Transportation Developme:Diyision 4'o-1~11i{I~ DStf' : CORt8CtN8~1C31~llllilli~ii~llldfiilh~~il~{V~~~j li.,il. Agustm Duenas City : of Tig~aid 13125 SW Hall , Blvd. Tigard, OR 97223i11llpi~„ il~ " Phone: 503-639 41,:71 Fax: 503-684 7297; E-Mail: us ,ti arg d=or gov,,, Ross Kevlin, Contract Adrninistrator Transportation and Growth'"Management Program 123 NW Flanders Portland, OR 97209-4037 Phone: 503-731-8232 Fax: 503-731-3266 E-Mail: ross.kevlinRodot.state.or.us G:\Tgm BoilerPlatesUGA Boiler PlatesUGA_1_Grantee_with_Contractor Cash10-07-05.130C -12- Attachment 2 Highway 99W Corridor Improvement and Management Plan Transportation and Growth Management Grant Statement of Work Project Objectives and Task List Project Objectives • Develop concept-level plans for transportation improvements, including roadway cross-sections, changes to channelization and traffic control, and identification of alternative mode facilities on 99W, including crosswalks and transit stops. • Identify solutions to accommodate regional and local travel demand in the corridor through transportation improvements and access management. • Explore changes to land use and development design to reduce vehicle trip demand on the corridor and support alternative modes. • Identify an integrated system of bicycle, pedestrian and transit facilities to serve the corridor, including facilities on cross-streets up to '/4 mile from 99W. • Explore options for improving local circulation, particularly to reduce local trip demand on 99W. • Ensure consistency with the Oregon Highway Plan (OHP), the Oregon Highway Design Manual, RTP and the Tigard Transportation System Plan (TSP). • Ensure the development and selection of alternatives address social, environmental and financial impacts. • For the area of special concern (99W from Greenberg to Durham) identify approaches for establishing alternative performance standards consistent with the requirements of Section 6.7.7 of RTP. • Ensure final products are sufficiendy detailed for implementation through adoption into RTP, Tigard TSP, and other regulatory documents as appropriate. • Ensure coordination with stakeholder agencies including City, Metro, Tri-Met and Oregon Department of Transportation. • Ensure community stakeholders have an opportunity to learn about corridor issues and provide input through an effective public involvement process. Task List 1. Task 1: Project Management, Interagency Coordination and Public Involvement (ongoing for duration of the project - estimated as 12 months) 2. Task 2: Existing Conditions, Plans and Policies (complete 2 months after Notice to Proceed) 3. Task 3: Identify Needs, Opportunities and Constraints (complete 5 months after Notice to Proceed) 4. Task 4: Alternatives Development (complete 7 months after Notice to Proceed) 5. Task 5: Alternatives Evaluation (complete 10 months after Notice to Proceed) 6. Task 6: Refinement/Implementation (complete 12 months after Notice to Proceed) Agenda Item # Meeting Date June 27, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A Resolution A1212ointing a Current Planning Commission Member to Serve on the Trans ortation Financin S ate ies Task Force Re lacin a former Commission Member. q6 Prepaxed By: A.P. uenas Dept Head Okay ~ City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Should Council approve a resolution appointing Rex Caffall of the Planning Corrunission to serve on the Transportation Financing Strategies Task Force as a replacement for Marty Anderson, who is no longer on the Commission. STAFF RECOMMENDATION That Council pass the attached resolurion appointing Rex Caffall of the Plamiuig Commission to the Task Force replacing Marty Anderson, who is no longer on the Coinmission. KEY FACTS AND INFORMATION SUMMARY The Transportation Financing Strategies Task Force, reconstituted by Council Resolution No. 04-52 and amended by Resolution No. 04-85, has been given the mission of exploring funding alternatives for major transportation unprovements, construction of sidewalks, and rights-of-way maintenance on collectoxs and arterials. Exhibit A of Resolution No. 04-85 listed the Task Force members. Marry Ander'son, Plannuig Coinmission representative to the Task Force, is no longer on the Commission and can no longer represent the Corrunission on the Task Force. The attached resolution appoints current Commission member Rex Caffall to replace Marty Anderson on the Task Force. This action is expected to help the Task Force more easily obtain a quorum in future Task Force meetings. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The development of new funding sources for major street improvements would meet the Tigard Beyond Tomorrow goal of Ident!bl and Develop Funding Re.rource.r. These funding sources would provide the means for widening of existing collectors and arterials thereby supporting the Council goal of Improve 99W Corridor and the Tigard Beyond Tomorrow goals of Imprnve Tra'zc Flow and Improve Trac Safety. ATTACHMENT LIST 1. Proposed Resolution appointing Rex Caffall to replace Marty Anderson on the Transportation Financing Strategies Task Force 2. Resolution No. 04-52 3. Resolution No. 04-85 with Exhibit A dated October 26, 2004 FISCAL NOTES No fiscal unpact at this point. i:\eng\gus\council agentla summaries\8-27-08 resolution to revise tha memDership ol the ttstl ais.doc CITY OF TIGARD, OREGON RESOLUTION NO, 04S~ f1 RESOLUZ'ION AMENDING RESOLUTION NO. 04-52, WHICFi RECONSTITUTED THE TRANSPORTATIUN FINANCING STRATEGI.ES TASK FORCE. WHEREAS, the Transportation Financing Strategies Task Force was created by City Council Resolution No. 01-06 to explore feasible funding strategies for implementing transporta.tion impxovements and to assist in tlie development and implementation of those strategies; and WHEREAS, City Council established a Street Maintenance Fee, as recommended by the Task Force, by 4rdinance No. 3-10 on November 18, 2003 and approved the rates to be chaxged by Resolution No. 04-12 on February 24, 2004; and WHEREAS, on 7uly 13, 2004, the City Coun.cil, tbxough Resolution No. 0452, reconstituted the Task Force to condnue with the evaluation of feasible funding sources for major transportation improvements;. and WHEREAS, two addition.al Task Force znembers are proposed; and ~ WIEREAS, City Council finds that tlie Task Force should also evaluate funding sources for. the construction of sidewalks and right-of-way mai.ntenance on collector and arteria.l sireets. NOW, THEREFORE, SE TT RESOLVED by the Tigard City Council tliat: SECTION 1: Resolution No. 04-52, Sections 1, 2 and 5 are amended to zead as follows: . . Deleted Ianguage is shown as a stikethr-e of language; added language shown by an underline of language. SECTION 1: The Transportation Financing Strategies Task Force is hereby reconstituted to continue with the evaluation of feasible funding sonrces for maj or transportation improvements. Its membership shall consist of those individuals listed on the attached revised Exlubit "A." dated October 26, 2004. SECTION 2: The mission of the Task Force is to: (1) Exploze feasible funding strategies for design and c.onstruction of major transportation improvements, as well as for the construction of sidewalks and ri of wav maintenance on collector and arterial sireets. and dDevelop recommendations fox presentation to City Council; and (2) Report to City Council the Task Force findings and recomxnendations on the fiwding strategies that should be further pursued together with the public pTocess necessary to develop and implement those strategies; and RESOLUTTON N0. 04 -g~ Page 1 (3) Based on Council direction, spearhea.d efforts to fizrther develop and implement strategi.es with the goal of providing £unding for key transportation impmvements. SECTION 5: The reconstituted Task Foroe suall select a chair to preside over the xneetings, The Task • Force shall operate under Roberts Rules of Order. All meetings shall be noticed and conducted in accozdance with the State of Oregon public meefangs law. A quorum consisting of at least -5 6 members shall be required for the Task Force to meet Minutes shall be recorded at every official meeting of the Task Fozce. ' SECTION 2: Tlus resolution is effective iunmediately upon passage. PASSED: This 4&iay of 2004. . ` . Mayor - . ity of Tigazd ATTEST: De City Recorder - City of Tigard G1enp1pu9=widl acerda summaAesN10-2e-04 anend task rowe rasdoc ' RESOLUTION NO. 04 Page 2 EXHIBIT A Revised RECONSTITUTED Ti2ANSPORTAI'ION FINANCING STR.A.TEGIES TASK FORCE MEMBERSHIP Revised October 26, 2004 Beverly Froude Paul4wen Cam Gilmoux Nick Wilson (Council President) Joe Schweitz Gretchen Buehner (Planning Comnussion Representative) . Oregon Crrocery Association . Joe Gilliam (Primary) Dan Floyd (Alteznate) Basil Christopher Steve Clark , Ralph G. Hughes (Chamber of Commexce Representative) 1Vlarry .Anderson (Planning Commission Representative) tWift~oa.,m eom+ea kmunanWt,o.zeaa anm,e tax rwce ez a.a~ CITY OF TIGARD, OREGON RESOLUTION NO. 04- 52 A RESOLUTION TO RECONSTITUTE THE TR.ANSPORTATION FINANCING STRATEGIES TASK FORCE TO EXPLORE FEASIBLE FUNDING STRATEGIES FOR MAJOR TRANSPORTATION IMPROVEMENTS, PRESENT FINDINGS, PROVIDE ItECOMMENDA7`IONS TO CITY COUNCZL ON THOSE STRATEGIES THAT SHOULD BE FURTHER PURSUED, AND ASSXST IN THE DEVELOPMENT ANA IMPLEMENTATION UF THOSE STRA.TEGIES. WHEREA5, the Transportation Financing Sirategies Task Fozce was created by City Council Resolution No. O 1-06 to explore feasible fiinding strategies for implementing transportation impzovements and to assist in the development and implemen.tation of those strategies; and WHEREAS, the Task Force began meeting in Apri12001 and subsequently recommended implementation of a Street Maintenance Fee to address street maintenance needs in the City; aaad WHEREAS, City Council established the Street Maintenance Fee by Ordinance No. 3-10 on November 18, 2003 and approved the rates to be charged by Resolution No. 04-12 on February 24, 2004; aud WHEREAS, the Tigard Transporta.tion System Plan adopted in 2002 identi.fied a wide variety of transportation-rel.ated projects that need to be completed to address the current and future transporta.tion demands; and WHEREAS, the Task Force must continue with the task of evaluating new fimding sources to. design and construct some of these critically needed projects; and WIIEREAS, some members of the Task Force will no longar be able to continue with that work; and WHEREAS, additional members will need to be added to the Taslc Force to provide increased representa.taon from the business community; and WHEREAS, the mission for the reconstituted task force conforms to the Tigazd Beyond Tomorrow Transportation and Tza,ff'ic goal and stzategy of examining current and possible new sources of fundi.ng for rnajor transpurtation improvements. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: ` SECTION 1: The Transportation Financing Strategies Task Force is hereby reconstiiuted to continue with the evalua.tion of feasibte funding sources for major transporta.tion iunpzovements. Its membership shall consist of those individuals li.sted on the attached Exhibit "A." SECTION 2: The mission of the Task Force is to: RESOLUTTON NO. - 04- 5~- Page 1 (1) Explore feasible funding strategies for design and constxuction of major transportation impzovements and develop recommendations for presentation to G`ity Council; and (2) Report to City Council the Task Force findings and recommendations on the fianding strategies that should be further pursued together with the public process necessary to deveiop aud implement those strategies; and (3) Based on Council direction, spearhead efforts to fiuther develop and implement strategies with the goal of providing funding for key transportation improvements. SECTION 3: The Task Force shall provide progress reports to City Council every quarter. SECTION 4: The Cxty Engineer shall be assigned as staff liaison to the Task Force. Other City staff sha11 be used to support the Task Force activities as deemed necessary throughout the entire process. SECTION 5: The reconstituted Task Force shall select a chair to pzeside over the meetings. The Task Force shall operate under Roberts Rules of Order. All meetings shall be noticed and conducted in accordance with the State of Ozegon public meetings law. A quonun consisting of at least S members shall be required for fhe Task Force to meet. Mi.nutes . shall be recorded at every official meeting of the Task Force. SECTION 6: The need for contintta.tion of the Task Force shall be evaluated one year after: ~ reconstitution. The Task Force mission shall be deemed accomplished after City Council is satisfied that the mission of the Task Force has been accomplished: Task Force deactivation or reconstitution shall be by resolution at that time. SECTION 7: This resolution is effective immedaately upon passage. PASSED: This th day of J-&- 2004. r Mayor - zty of Tzgard ATTEST: d Jane McGarvin, Deputy City Recorder RESOLUTION NO. - 04=5X Page 2 EXHIBIT A,. RECONSTITUTED TRANSPORTATION FINANCING STRATEGIES TASK FORCE MEN[BERSHIP Effective July 13, 2004 Beverly Froude Paul Owen Cam Gilmour . Nick Wilson (Council President) Joe Schweitz Gretchen Buehner (Planning Commission Representative) Oregon C'rrocery Association 3oe Crilliam (Primary) Dan Fioyd (Altemate) Basi1 Christopher Steve Clark 1aeno%M%omax9 qmaa w.nmanesv-13.04 • eznmu a,emruuwea uW memeersmo.dx AGENDA ITEM # ~ "7 FOR AGENDA OF June 27, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSLTE/AGENDA TITLE Appoint Scott Libert and Karen Levear to the Librarv Board PREPARED BY: Margaret Barnes DEPT HEAD OK /V- CITY MGR OK ISSUE BEFORE THE COUNCIL Appoint Library Board members STAFF RECOMMENDATION Act on the Mayor's Appointments Advisory Committee's recommended appointments to the Library Board. INFORMATION SUNIMARY Scott Libert is to be appointed to the Library Board far a four-year term beginning July 1, 2006 and expiring June 30, 2010 and Karen Levear is to be appointed to the Library Board for a two-year term as the alternate beginning July 1, 2006 and expiring June 30, 2008. OTHER ALTERNATIVES CONSIDERED Postpone appointments VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Resolution Biographical information on the appointees Biographical information on Library board appointees: Scott Libert has lived in Tigard 13 years and previously lived in Mililani, Oahu, Hawaii. As a systems software architect for 8 years with 20 years of experience as a software engineer, Mr. Libert has a Bachelor of Music from the University of Hawaii at Manoa. Mr. Libert has volunteered for several sports organizations such as a coach for indoor soccer, south side soccer, asst. coach for basketball with the Tigard Basketball Assn, and a coach for Lego Robotics. Mr. Libert noted that he has become inspired by the activity and energy surrounding the Tigard Library and would like to be a part of its continued growth. Karen Levear is a long-time resident of Tigard; 15 years. She previously was a resident of the Aloha area. Ms. Levear has a B.S. in Business from Oregon State and an MBA from Portland State University. Currently on sabbatical, prior position held was chief financial officer for a financial institution. She was a Tigard Library volunteer; team manager/coach for Destination Imagination; One More Time Around Again Marching Band and school volunteer. She writes, "I love libraries!" Agenda Item # 3 a'?a • Meeting Date Tune 27, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Award of Contracts for Right-of-Way Services on an As-Required Basis Prepared By: G. Ber Dept Head Okay: Tom Coffee ~ City Mgr Okay: Crai osser ISSUE BEFORE THE COUNCIL AND KEY FACTS Shall the Local Contract Review Board approve two contract awards for property and right-of-way acquisition services on an as-required basis? STAFF RECOMMENDATION That the Local Contract Review Board approve, by motion, the contract awards to the following property and right-of- way acquisition services firms: - Hanna, McEldowney & Associates - Right-of-Way Associates, Inc. The firms will provide property and right-of-way acquisition services for the improvement of public streets, sewers and other City and public faciliries on an as-needed basis. . Staff also requests that the City Manager be authorized to execute project-specific contracts with the firms up to and including $50,000. Contract amounts exceeding $50,000 will be submitted for contract award by the Local Contract Review Board prior to commencement of work. KEY FACTS AND INFORMATION SUMMARY • City construction projects frequently require the acquisition of various interests in real properry. Typical needs include purchasing additional right-of-way for street impYOVements. Currently proposed street unprovement pxojects requiriYng additional right-of-way include: Bw.-nham Street Intersection of Dartmouth Street and 72°d Avenue Ash Street Hall Boulevard right-turn lane In addition, easements to extend sewers across private property are sometimes needed. Currendy proposed sewer projects requiruig easements include storxn and sanitary sewers for SW 79~' Avenue and several of the remaiuuig Citywide Sewer Extension Program projects. • Nearly all acquisitions require an appraisal of the value of the property to be acquired. The selected firms will provide appraisals confornvng to specific standaxds required for eminent domain proceedings. Once the appraisal is completed, a negotiated agreement with the owner is attempted. This is typically accomplished by the acquisition firm as well, although it is sometimes found to be expedient to assign the negotiation to Ciry staff. • In the past, acquisition firms have been hired for individual projects through a competitive proposal process. This has proven to be cumbersome, time consuming and expensive. The proposed as-required contracts will enable the selected firms to begin work on projects without the delay and expense of a separate selection process for each project. On March 21, 2006, four firms submitted their proposals in response to a February 21, 2006 Request for Proposals to provide acquisition services. Each proposal was separately evaluated by four Engineering staff inembers. The two highest-rated firms (Hanna, McEldowney Associates and R.ight-of-Way Associates, Inc.) were invited to meet with the selection committee and further elaborate on their proposals. • Based on the evaluation of the firms' proposals and presentations, staff has determuied that both firms have the capabilities, staffing, experience and compensation requirements sufficient to perform the required services. Staff recommends award of contracts to both firms. • The contracts will be for an inirial term of two years after Local Contract Review Board approval and may be renewed for two additional one-year terms. Projects assigned to the firms will be on an as-needed basis. Once a project is assigned to a firm, the firm will prepare and submit a cost proposal to the City for review and approval. To further streainluie the process and expedite project implementation, staff recommends that the City Manager be authorized to execute project-specific contracts up to and including $50,000. Contracts exceeding $50,000 will be submitted for contract award by the Local Contract Review Board prior to coirunencement of work. OTHER ALTERNATIVES CONSIDERED Reject all proposals and prepare a Request for Proposal for each project. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The proposed contracts will facilitate the completion of street projects meeting the Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve Traffic Safety" and "Improve Traffic Flow" and sewer projects meeting the Tigard Beyond Tomorrow Growth and Growth Management goal of "Growth will be managed to protect the character and livability of established areas, protect the natural environment and provide open space throughout the communiry." ATTACHMENT LIST None. FISCAL NOTES Award of the contracts will not require funding until projects are assigned to the selected firms. Funding for assigned projects will be through the respecrive project budgets. I:\eng12005-2008 fy dp\rtp- property 8 row ecquisitlon services tljc 2-21-06 tl 2-23406\coundW27-06 row acquisitlon services contract eweM eis.doc Agenda Item # 3,~ Meeting Date 6-27-06 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Tide Transportation Enhancement and Oregon Bicycle and Pedestrian Grant Proposals . Prepared By: Duane Roberts Dept Head Okay ~ Ciry Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Should Council authorize the submittal of applicarions for federal aid available through the Transportation Enhancement and the Oregon Bicycle and Pedestrian Grant Programs, as a means of providing needed fiznding for the construction of sidewalk infill on Hall Boulevard near Bonita Road. STAFF RECOMMENDATION Staff recomtnends Council approve the two resolutions authorizing the submittal of grant applications. KEY FACTS AND INFORMATION SUMMARY ODOT is accepting applications for Oregon Bicycle and Pedestrian Program funding assistance for Fiscal Years 2008 and 2009. Eligible projects include sidewalk infill, pedestrian crossings, intersection improvements, and minor roadway widening for bikeways. ODOT also is accepting applications for Tranportation Enhancement (TE) Program funding assistance for Fiscal Years 2009 and 2010. The TE pxogram provides federal highway funds for projects that strengthen the cultural, aestheric and environmental value of the transportarion system. Typical projects include sidewalk and streetscape construction, bike lanes, shared-use paths, viewpoints and interpretive sites. Staff is proposing the submittal of TE and Bicycle/Pedestrian applicarions for the same project. Both programs are highly competitive. Seeking assistance from the two grant programs is intended to maxinuze the project's chances of being selected for funding. The pYOject in quesrion includes the construction of a retainuig wall, the installarion of 310 feet of sidewalk, and associated drainage facilities along Hall Boulevard near Bonita Road. All improvements would take place within the existing state owned right-of-way of Hall Boulevard. Under a 2004 memo of understanding entered into by the City of Tigard and TriMet, the City and transit agency are parmers in a mulri-year effort to identify and implement transit access and service unprovements within the Tigard area. One of the highest prioriry unprovements identified by the City and agency is a re-YOUte of Line 38 to serve Bonita Road and Hall Boulevard. This would termulate at the Tigard Transit Center. The re-route would provide the first- ever transit service on Bonita Road and would serve a low-income and minority area of the City. As part of this re-route, TriMet is proposing to install a new bus stop and shelter on the east side of Hall, at 14500 SW Hall Boulevaxd. The problem addressed by the present proposal, is that gaps exist in the sidewalks leading to the proposed bus stop. One of these gaps includes a narrow shoulder and steep slope where pedestrian safety is a major I:\LRPLN\Council Materials\2006\06 27 06 TE & Bicycle-Ped AIS.doc 1 concern. The substandard road causes safety problems for both pedestrians and vehicles using it. A continuous, uninterrupted sidewalk would help provide a convenient, safe, and more secure pedestrian route to the transit stop. A copy of the completed application has been fonvarded to the Finance Department for financial review. A copy of the complete project proposal is available in the City Recorder's Office. OTHER ALTERNATIVES CONSIDERED Not to submit one or both project proposals. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The project is consistent with the 2006 Council goal to "Stabilize the financial picture" and with the Vision Statement Transportation and Traffic goal No. 4 to "Identify and develop funding resources." ATTACHMENT LIST 1. A resolution authorizing the submittal of a Transportation Enhancement Program grant proposal. 2. A resolurion authorizing the submittal of an Oregon Bicycle and Pedestrian Program grant proposal. 3. A vicinity map. FISCAL NOTES In the case of both aid programs, the grant amount requested is $250,000. The required local match shares are the same, 10.3%. To impxove the project's chances of being picked for funding by whichever program, staff is proposing identical "oveY-matches" of $62,000, or 20% of the total project cost. The funding source, in the case of both applications, would be the Capital Improvement Plan Sidewalk Fund or Gas Tax dollars. The Oregon Bicycle and Pedestrian Program's funding years are 2008 and 2009. The Transportation Enhancement Program's funding years are 2009 and 2010. No local matching dollars have been allocated as yet. I:\LRPLN\Council Materials\2006\06 27 06 TE & Bicycle-Ped AIS.doc 2 SW 88TH AVE r 88TH A1/ 87TH CT ti$ z y m ~ ~ s6TH AvE N ~0 ONN`d3 C-j- ~ = m ~ g I t~-4WH7tllltl _ Agenda Item # Meeting Date June 27, 2006 COUNQL AGENDA ITEM SUNIlVIARY C'.aty Of Tigard, Oregon Issue/Agenda Title CommunityAttitudes Survey- Results Surrunary Prepared By. Beth St. Amand Dept Head Okay ~ Caty Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FAGTS Receive a results surrunary of the Community Attitudes Survey conducted f rom May 22-June 2. STAFF RECOMMENDATION Receive the results surrunary and comment. KEY FAGTS AND INFORMATION SUMMARY • At the Apri14, 2006, Special Council meeting, the Council discussed the sutveycontent with RileyResearch. • The surveywas conducted via telephone from May22-June 2. • At the June 27, 2006, Council study session, Riley Research presented the survey results for Council's discussion. Staff will formallysurrunarize the results tonight for the television audience. • The surveyestablishes a baseline for future surveys to be conducted everytwo years. The surveys will have two parts: The fust section measures residents' satisfaction with cturent Gtyservices, and the second section will provide communityopinions on a current topic or project. Tlvs surveyfocused on communityplarming for the Comprehensive Plan Update. • The Comprehensive Plan Update will be based upon community values identified through this survey, along with recent Catysurveys and Tigard Beyond Tomorrow. • In surrunary; the survey shows that T'igard's citizens are generally satisfied with living in Tigard and with its services. Their major concerns are uaffic and planning for the future to maintain or improve livability. OTHER ALTERNATIVES CONSIDERED Not applicable. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goals • Improve Communication and Relationship with Catizens: Conduct a cit),wide scientific survey/report card on Caty services • Revise Cityof Tigard Comprehensive Plan Tigard Beyond Tomorrow: Communication # 1: The City will maxiinize accessibility in a variery of fornmts, providing oppomuuties for input on community issues and effective two-waycommunication. ~ ATTACHMENT LIST Attachment 1: Community Baseline Survey - 2006 - fxom Riley Research Associates Attachment 2: Community Baseline Survey - 2006 - Verbatim Appendix FISCAL NOTES The survey already has been funded. I:\LRPLN\Council Materials\2006\6 27 06 IiILE Y SURVEY AIS.doc Attachment 1 ' RILEY RESEARCH ASSOCIATES ~ Research for Marketing, Public Relations, and Planning June 16, 2006 TO: Tom Coffee, Beth St. Amand CITY OF TIGARD FROM: John L. Campbell / Michael J. Riley RILEY RESEARCH ASSOCIATES RE: COMMUNITY BASELINE SURVEY 2006 ~www.rileyresearch_com 9900 S.W. Wilshire, Suite 250, Portland, OR 97225 phone [503] 222-4179 fax [503] 2224313 _ ' -r l TABLE.OF CONTENTS EXECUTIVE OVERVIEW .....................................................................................••-•••-....1 INTRODUCTION 3 METHODOLOGY 3 RESULTS 4 APPENDIX: Questionnaire . s; B RILEY RESEARCH ASSOCIATES _ EXECUTIVE OVERVIEW Satisfaction ~ Satisfaction with Tigard as a place to live is relatively high with a vast majority of the residents (79%) giving a rating of 7 or higher. The overall mean rating given was 7.8 on a ten-point scale. (Q1) ~ With ratings of 5 or 6 considered neutral, most of the City's services were rated on the positive side. ~ The library received the highest mean satisfaction ratings of the different topics listed (8.9 for both the overall perception of the library and personal experience with the library). (Q6- 17) ~ The overall perception of City Police (7.9), personal experience with City parks (7.9), personal experience with City Police (7.8), and overall perception of City parks (7.8) all followed the library by about one point. (Q6-17) Satisfaction Ratin s Mean No interaction Overall erce tion of the libra 8.9 17% Personal ex erience with the libra 8.9 22 Overall erce tion of Cit Police 7.9 14 Personal ex erience with Cit arks 7.9 16 Personal ex erience with Cit Police 7.8 41 Overall erce tion of Ci arks 7.8 13 Interaction with Cit staff 7.6 48 Cit water and sewer services 7.5 13 The Permit Center 6_6 71 Recreation and leisure activities 6.6 29 Street maintenance 6.4 2 In ie ards to traffic, the abilit to et around the Cit 5.3 1 ~ In regards to planning, a majority of residents (60%) gave a rating of between 5 and 8 on a ten-point scale with a mean rating of 6.1. (Q18) Perceptions El A majority of residents mentioned location (61 as what they like most about living in Tigard, consisting of 49% mentioning the location or accessibility and 18% mentioning the small or rural feel of the area. (Q2) ~ Roughly one in two of the residents (45%) mentioned traffic as what they like least about living in Tigard_ (Q3) r: ~ The area's traffic and congestion problems were mentioned as the most important issues as . Tigard plans for the next 20 years. (Q19) ~ About one in finro residents (46%) believe the City of Tigard has stayed about the same over the past few years; another one in four (23%) think Tigard has gotten better, while another one in four (23%) think iYs gotten worse. (Q4) M RILEY RESFARCH ASSOCIATES EXECUTIVE OVERVIEW (CONTINUED) ~ Roughly one in three residents (33%) believe Tigard wiil become a better place to live in the future, but nearly an equal percentage (34%) believe it will become worse_ Just over one in four (27%) think Tigard will remain the same. (Q5) Preferences ~ Protection of trees and natural resource areas (8.4) as well as the level of neighbofiood traffic (8.2) are viewed as the most important of the livability characteristics listed: (Q20-29) Livability Characteristics Mean lmp:ortance Score . Protection of trees and natural resource areas. 8.4 The level of neighborhood traffic. 8.2 Maintainin existin lot sizes within established nei hborhoods. 7.8 Pedestrian and bike aths. 7.7 Com atibilit between existin and new develo ment. 7.6. Bus service. 7.4 Strengthenin re ulations to im rove the a earance of the communit . 7.4 Nei hborhood arks within a half-mile of home. 7.2 Variet of housin es like sin le-famil , townhouses, and a artments . 7.0 Nei hborhood commercial services within a 5-minute walk from our house. • 6.1 ~ Residents are divided, with equal percentages of residents thinking growth should be accommodated (43%) or limited (43°/a). Only a small percentage thinks growth should be promoted (10%). (Q30) ~ The most frequently mentioned sources for local government information were the Oregonian (44%), the Tigard Times (29°/a), the Cityscape Newsletter (29%), and television news (22%). (Q36) t ' • RILEY RESEARCH 2 ~ASSOCIATES - ~ INTRODUCTION The city of Tigard asked Riley Research Associates to conduct a baseline survey among residents. This survey will set the foundation on current perceptions and a template for subsequent benchmark studies on a two to three year basis. The key subjects of the study included insights into: • Satisfaction with City services • Importance of various City characteristics • Perceptions of the City's livability • Residents preferred information sources METHODOLOGY Riley Research Associates worked in association with the city of Tigard to create the questionnaire. The scientific telephone survey was conducted among residents of the city of Tigard. If residents were unsure if they live inside the city limits, cross streets were asked for and checked to ensure they lived inside the city fimits. A total of 400 questionnaires wer.e completed. This size sample yields a margin of error of +/-4.9% at a 95% confidence level. Fielding began on May 22"d with pretests, then officially commenced on May 23rd, and concluded on June 5"', 2006. The calls were made between the hours of 5 p.m. and 9 p.m. using a RDD (random digit dial) call list provided by an independent broker that was specified by zip code. The results are displayed in a question-by-question format. A copy of the questionnaire can be found in the Appendix. Cross tabulations with demographic breakouts and verbatim responses are included as separate documents. , d ~RILEY RESEARCH 3 _ ' ASSOCIATES _ r - - RESULTS Q1. How satisfied are you with the City of Tigard as a place to live, on a ten-point scale where one means "very dissatisfied" and ten means "very satisfied"? Satisfaction with Tigard as a place to live is relatively high with a majority of the residents (79%) giving a rating of 7 or higher. The overall mean rating given was 7.8 on a ten-point scale. The following groups gave significantly higher mean ratings than their counterparts: ✓ Those without children at home (7.9 vs. 7.5 those with children at home) ✓ Residents who have not attended city meetings (7.8 vs. 7.3 those who have attended) Total Total Participants 400 1 - Very dissatisfied 1 % 2 0 3 0 4 2 5 8 6 8 7 14 8 30 9 18 10 - Very satisfied 17 Don't know 1 Mean 7.8 M RILEY RESFARC[-I 4 - _ - ASSOCIATES i Q2. What do you like most about living in Tigard? . A majority of residents mentioned location (61 as what they like most about living in Tigard, which consisted of 49°/a mentioning the location or accessibility and 18% mentioning the small or rural feel. Just over one-quarter (29%) mentioned Tigard's atmosphere, which included 20% mentioning the nice or quiet community, 6% mentioning the safety or low crime rate, and 6% mentioning the trees and green spaces. Three groups are more likely than their counterparts to mention °location" as what they like most about Tigard: ✓ Residents age 40 to 49 (70% vs. 53% to 64% other age ranges) ✓ Residents who have not attended meetings (62% vs. 53% those who have) ✓ Newcomers to Tigard (69% residents of 3 years or less vs. 57% to 62% other lengths of residency) Total Total Participants 400 . Location 61 % Location/Accessibility 49 . Small/Rural feel 18 Atmosphere 29 Nice/quiet community 20 Safety/Low Crime 6 Trees/Green space 6 Amenities 10 Schools 7 Parks 3 Library 3 Don't know / Other 15 Miscellaneous 5 Don't know / Na 9 MRILEY RESEARCH rJ ASSOCIATES - - Q3. What do you like least about living in Tigard? Slightly less than half of the residents (45%) mentioned traffic as what they like least about living in Tigard. Other various topics were mentioned in small percentages, they include: growth (7%), the City Council or City Government (4%), the crime rate (3°/a), and the lack of parks (3%). A number of residents mentioned there is nothing they like least about living in Tigard (12%) The following groups are more likely than their counterparts to mention traffic_ ✓ Those who have voted in at least one of the last two elections (47% vs. 40°/a those who haven't) ✓ Homeowners (47% vs. 41 % renters) ✓ Residents who live closest to Templeton Elementary (59% vs. 30% to 53% other schools) , Total Total Participants 400 Traffic 45% Nothing I like least 12 Growth 7 City Council / Gov't 4 Crime rate 3 Lack of parks 3 The Police 2 Taxes 2 Run down areas of town 2 Downtown area 2 High home prices 1 The rain 1 . Lack of rec services 1 Miscellaneous 12 Don't know / Na 10 1 e r-ARILEY RESEARCH _ J ' ASSOCIA'CES 6 ~ Q4. As a place to live, would you say that in the past few years, the City of Tigard has become better, worse, or has stayed about the same? Just under half of the residents (46%) believe the City of Tigard has stated the same as a place to live over the past few years. Another quarter (23%) think Tigard has gotten better and another quarter (23%) thinks iYs gotten worse. An interesting results was found when look across the demographic groups. Those age 18 to 29 and those 60 years or older appear to be more optimistic about the current status of Tigard as a place to live (31% and 32% respectively report Tigard.has become "better" as a place to live vs. 16% to 27%' of the other age groups). Tota I Total Participants 400 Better 23% Worse 23 Stayed the same 46 Don't know 8 Q5. Looking 5 years into the future, do you believe the livability of Tigard witl become better, worse, or will it stay about the same? Roughly one-third of the residents (33%) believe Tigard will become better as a place to live in the future. A nearly equal percentage (34%) believes it will become worse as a place to live. Just over one-quarter (27°/a) thinks Tigard will remain the same. Similar to the previous question, those age 18 to 29 and 60 years or older appear to be more -optimistic about Tigard's future as a place to live (43% and 41 °/a respectively think Tigard will become a better place to live vs. 25% to 35°/a of other age ranges). Total Total Participants 400 Better 33% Worse 34 Stayed the same 27 Don't know 7 ' While there is not a statistically significant difference in the groups the finding in telling, nonetheless. M RILEY RESFARCH 7 ASSOCIATES _ Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." tf you've never visited or had interaction with the secvice, just let me know. The library received the highest mean ratings of the different topics listed (8_9 for both the overall perception of the library and personal experience with the library). The overall perception of City Police (7.9), personal experience with City parks (7.9), personal experience with City Police (7.8), and overall perception of City parks (7.8) all followed the library by about one point_ The ability to get around the city, in regards to traffic, received the lowest score of the bunch with a 5.3 out of 10. Mean Satisfaction No Score intecaction ' Overall erce tion of the libra 8.9 17% Personal ex erience with the librar 8.9 22 Overall erce tion of Cit Police 7.9 14 Personal ex erience with Cit - arks 7.9 16 Personal ex erience with Cit Police 7.8 41 Overall erce tion of Cit arks 7.8 13 Interaction with Cit staff 7.6 48 Cit water and sewer services 7.5 13 The Permit Center 6.6 71 Recreation and leisure activities 6.6 29 Street maintenance 6.4 2 In re ards to traffic, the abilit to et around the Cit 5.3 1 d-~ M RILEY RESEARCH 8 - - - J- _ - ASSOCIAT'ES Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) The Permit Center that provides building permits and zoning information While a majority of residents (71 have had no interaction with the Permit Center, of those who have, the following groups gave significantly higher mean ratings than their counterparts: ✓ Females (7.0 vs. 6.2 Males) ✓ Those who haven't attended city meeting (7.0 vs. 5.5 those who have attended) ✓ Non-voters (7.4 vs. 6.5 voters) ✓ Home renters (7.6 vs. 6.5 homeowners) ✓ Newcomers to Tigard (7.9 3 years or less residency vs. 6.2 to 6.7 other lengths) Total Total Participants 400 - 1 - Very dissatisfied 3% 2 1 3 1 4 . 1 5 5 6 2 7 4 8 4 9 3 10 - Very satisfied 5 No interaction 71 Don't know 2 Mean 6.6 MRILEY RESEARCH 9 A3SOCIATES - - Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) Your overall perception of the City Police. A majority of residents (59%) gave the overall perception of the City Police a rating of 8 or higher on a 10-point scale. The mean rating given was 7.9. While on the whole the ratings were relatively consistent across the demographic groups, a few groups gave significantly higher mean scores than their counterparts: ✓ Voters (8.0 vs. 7.6 non-voters) ✓ Home renters (8.3 vs. 7.7 homeowners) Total Totai Participants 400 1 - Very dissatisfied 2°/a 2 1 3 2 4 1 5 5 6 7 7 9 8 23 9 12 10 - Very satisfied 24 No interaction 14 Don't know 1 Mean 7.9 I RILEY RESEARCH AssocinTEs 10 ~ Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just !et me know. (Continued) Your personal experience with the City Police. Roughly one in five residents (41 have not had personal experience with City Police. Of those that have had interaction, a mean rating of 7.8 out of 10 was given_ Two demographic groups gave significantly higher mean ratings than their counterparts, they were: ✓ Voters (8.0 vs. 7.4 Non-voters) ✓ Home renters (82 vs. 7.7 homeowners) Total Total Participants 400 1 - Very dissatisfied 2% 2 1 3 3 4 2 5 1 6 3 7 5 8 15 9 10 10 - Very satisfied 17 No interaction 41 Don't know 1 Mean 7.8 I RILEY RESEARCH ASSOCIATES Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) Your overall perception of the library. Just over two in five residents (43%) rated their perception of the library a ten out of ten. The mean rating given by residents was an 8.9. The following groups are more likely than their counterparts to give a rating of ten: ✓ Females (48% vs. 37% Males) ✓ Residents age 60 or older (61 % vs. 35% to 48% other age groups) ✓ City meeting attendees (51 % vs. 42% non-attendees) ✓ Renters (48% vs. 41 °/a homeowners) Total Totat Participants 400 1 - Very dissatisfied 0% 2 0 4 1 5 3 6 1 7 4 8 13 9 15 10 - Very satisfied 43 No interaction 17 Don't know 2 Mean 8.9 s• ~ RILEY RFSEARCH 12 ~ASSOCIA'fES - - - Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following Gity services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) Your personal experience with the library. Roughly one-fifth (39%) rated their personal experience with the library a"ten." The overall mean rating of 8.9 was given. The following groups were more likely to rate their personal experience a ten compared to their counterparts: ✓ Females (43% vs. 34% Males) ✓ Residents age 18 to 29 (52%) and 60 plus (52% vs. 26% to 40% other age groups) Total Total Participants 400 1 - Very dissatisfied 0% 2 0 3 1 4 1 5 4 6 1 7 4 8 12 9 15 10 - Very satisfied 39 No interaction 22 Don't know 2 Mean 8.9 M RILEY RESEARCH 3 _ ASSOCIATES _ ~ _ Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've - never visited or had interaction with the service, just let me know. (Continued) Your overall perception of City parks. A majority of residents gave a rating of eight or better for their overall perception of City parks. Residents gave an overall mean rating of 7.8 out of 10. The following groups gave significantly higher mean ratings than others in their groups: ✓ City meeting non-attendees (7.9 vs. 7.3 attendees) ✓ Non-voters (8.2 vs. 7.7 voters) ✓ Renters (8.4 vs. 7.7 homeowners) Totat Total Participants 400 . 1 - Very dissatisfied 1 % 2 1 3 2 4 2 5 6 6 7 7 11 8 23 9 12 10 - Very satisfied 22 No interaction 13 Don't know 2 Mean 7.8 ~RILEY RESEARCH 14 ' ASSOCIA'[ES Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, }ust let me know. (Continued) Your personat experience with City parks. Just over half the residents (55%) rated their personal experience with City parks an eight or higher on a ten point scale. The mean rating given as a whole was 7.9. The following groups gave significantly higher mean ratings: ✓ Residents age 18 to 29 (8.3) and 60 plus (8.4 vs. 7.8 to 7.8 other ages groups) ✓ Renters (8.5 vs. 7_8 homeowners) Total Total Participants 400 1 - Very dissatisfied 1 % 2 1 3 1 4 3 5 7 6 6 7 10 8 20 9 13 10 - Very satisfied 22 No interaction 16 Don't know 1 Mean 7.9 • R[LEY RESEARCH 15 ~ASSOCIATES - - - Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) Recreation and leisure activities. Interestingly, just over one-quarter of the residents say they have had no interaction with recreation or leisure activities in Tigard. Multiple groups gave significantly higher mean ratings for recreation and leisure activities, they are: ✓ Those without children at home (6.9 vs. 6.2 with childcen) ✓ City meeting non-attendees (6.9 vs. 5.3 attendees) ✓ Non-voters (7.0 vs. 6.6 voters) ✓ Renters (7.3 vs. 6.5% homeowners) Total Total Participants 400 1 - Very dissatisfied 3% - 2 3 3 2 4 6 5 12 6 4 7 8 8 11 9 5 10 - Very satisfied 13 No interaction 29 Don't know 6 Mean 6.6 1 ' ~RILEY RESEARCH ~ ,a.ssociA~s 16 ~ Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) Street maintenance. A majority of residents (63%) gave street maintenance a rating of between five and eight out of ten. The overall mean rating given was a 6.4. The ratings were relatively consistent across the demographic groups. Only City meeting non- attendees gave a significantly higher score than attendees (6.6 vs. 5.7, respectively). Total Total Participants 400 1 - Very dissatisfied 5% 2 1 3 6 4 6 5 15 6 12 7 17 8 19 9 8 10 - Very satisfied 9 No interaction 2 Don't know 1 Mean 6.4 RILEY RESEARCH 17 ' ASSOCIATES _ _ ~ _ Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten=point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) Your interaction with City staff. Slightly less than half the resident have had no interaction with City staff. Of those who have a mean rating of 7.6 out of 10 was given. Two groups gave significantly higher mean ratings than their counterparts: ✓ City meeting non-attendees (7.7 vs. 7.1 attendees) ✓ Voters (7.6 vs. 7.2 Non-voters) Total Total Participants 400 1 - Very dissatisfied 1 % 2 1 3 1 4 1 5 5 6 2 7 10 8 14 9 8 10 - Very satisfied 9 No interaction 48 Don't know 2 Mean 7.6 M RILEY RFSEARCH 1$ ASSOCIATES Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) , City water and sewer services. Roughly half of the residents (51 °/a) gave City water and sewer services a rating of eight or better. The mean rating given was a 7.5 out of 10. Only females gave a significantly higher rating across the demographics groups (7.7 vs. 7.3 Males). Total Total Participants 400 1 - Very dissatisfied 3% 2 1 3 1 4 2 5 8 6 4 7 15 8 21 9 11 10 - Very satisfied 19 No interaction 13 Don't know 2 Mean 7.5 g RILEY RESEARCH 1 9 _ ASSOCIATFS - - ~ Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. (Continued) In regards to traffic, your ability to get around the City. A majority of residents (57%) gave a rating between four and seven for their ability to get around the City. The overall mean rating given was a 5_3 out of 10. Residents age 40 to 49 (5.0) and 50 to 59 (4.8) gave significantly lower ratings compared to other age groups (5.6 to 5.8 other ages). Two groups gave significantly higher scores than their counterparts; they are: ✓ Males (5.4 vs_ 5.1 Females) ✓ Renters (5.6 vs. 5.2 homeowners) Total Total Participants 400 1 - Very dissatisfied 8% 2 7 3 9 4 12 5 17 6 11 7 17 8 9 9 4 10 - Very satisfied 5 No interaction 1 Don't know 1 Mean 5.3 M RILEY RESEARCH 20 ASSOCIATES _ _ Q18. Please rate how the City is doing in regards to planninq the communitv, on a ten- point scale, where one means "very dissatisfied" and ten means "very satisfied". A majority of residents (60%) gave a rating of between five and eight on a ten-point scale. The overall mean rating given was a 6.1. The fotlowing groups gave significantly higher mean scores than their counterparts: ✓ Females (6.3 vs. 5.9 Males) ✓ Residents age 18 to 29 (7.1 vs. 5.6 to 6.3 other age ranges) ✓ City meeting non-attendees (6.2 vs. 5.7 attendees) ✓ Non-voters (6.7 vs. 6.0 voters) ✓ Renters (6.9 vs. 5.9 homeowners) Total Total Participants 400 1 - Very dissatisfied 4% 2 2 3 4 4 5 5 16 6 13 7 14 8 17 9 4 10 - Very satisfied 5 Don't know 18 Mean 6.1 M RILEY RESEARCH 21 _ ASSOCIATES _ r _ Q19. What is the most important issue for the City of Tigard as it plans for the next 20 years? (Open-ended question) Roughly two in five residents (37%) mentioned the traffic and congestion problems in the Tigard area as important issues to consider while planning for the next 20 years. Small percentages mentioned the foltowing as important issues for consideration_ ✓ Street and road improvement / maintenance (9%) ✓ Schools and school funding (9%) ✓ Population / overcrowding (7%) ✓ Public safety (6%) Many more individuaf issues were mentioned; please see the Verbatim Appendix page 4. . M RILEY RFSEARCH 22 ASSOCIAI'ES Q20-29. How important are the following characteristics to the livabili of Tigard's residential neighborhoods, on a ten-point scale, where one means "not at all important" and ten means "extremely important?" Protection of trees and natural resource areas (8.4) as well as the tevel of neighborhood traffic (8.2) are viewed as the most important of the characteristics listed. The characteristic viewed as least important is having neighborhood commercial services within a 5-minute walk from home with a rating of 6.1 out of 10. Mean Livability Score Protection of trees and natural resource areas. 8.4 The level of nei hborhood traffic. 8.2 Maintainin existin lot sizes within established nei hborhoods. 7.8 Pedestrian and bike aths. 7.7 Com atibilit between existin and new develo ment. 7.6 Bus service. 7.4 Stren thenin re ulations to im rove the a earance of the communit . 7.4 Nei hborhood arks within a half-mile of home. 7.2 Variet of housin t es like sin le-famil , townhouses, and a artments . 7.0 Nei hborhood commercial services within a 5-minute walk from our house. 6.1 • B RILEY RESEARCH 23 _ ASSOCIATES Q30. As more people move to the reqion, do you believe the City should aromote growth, accommodate growth, or attempt to limit growth? Equal percentages of residents think growth should be accommodated (43%) or limited (43%), while oniy a small percentage thinks growth should be promoted (10°/a). The following groups are more tikely than their counterparts to prefer accommodatinq growth: ✓ City meeting attendees (51 % vs. 42°/a non-attendees) ✓ Homeowners (45% vs. 39% renters) The following groups are more likely than their counterparts to prefer limitin growth: ✓ Females (47% vs. 39% Men) - ✓ City meeting non-attendees (45% vs. 35% attendees) ✓ Voters (46% vs. 36% non-voters) ✓ Residents who have lived in Tigard more than 20 years (54% vs. 33% to 47% other lengths) The following groups are more likely than their counterparts to prefer promotinq growth: ✓ Males (14% vs. 7% Females) ✓ Residents ages 18 to 29 (24% vs. 5% to 14% other ages) ✓ Non-voters (21 % vs. 6% Voters) Total Total Participants 400 Promote 10% Accommodate 43 Limit 43 Don't know 4 • RILEY RESEARCH 24 ~ASSOCIATES - - - Q31. How many years have you lived in the City of Tigard? Total , Total Participants 400 3 years or less 20% . 4 to 9 years 26 10 to 20 years 32 More than 20 years 22 Refused 1 Q32. Which of the following elementary schools is nearest to your home, and if you don't know please say so? (Aided) Total Total Participants 400 C.F. Tigard 19% Durham 17 Woodward 15 Templeton 12 Alberta Rider 10 Metzger 9 Don't know 20 r: a RILEY RESEARCH 25 _ ASSOCIAIES - _ ~ _ Q34. Do you rent or own your home? Total Total Participants 400 Own 75% Rent 23 Refused 1 Q35. Have you voted in any of the last two elections? Total Total Participants 400 Yes 74% No 25 Refused 2 M RILEY RFSEARCH ZF - ~ - - - _ ASSOCIATES Q36. How do you generally learn about what's going on in local government? (Unaided / Multiple Responses) The most frequently mentioned information sources were the Oregonian (44°/a), the Tigard Times (29%), the Cityscape Newsletter (29%), and the N News (22%). Multiple groups are more likely than their counterparts to use the Oregonian as an information source for local government; they include: ✓ Females (47% vs. 41 % Males) ✓ Residents age 60 and over (64% vs. 30% to 46% other ages) ✓ Residents with children at home (50% vs. 36% no children) ✓ Homeowners (47% vs. 38°/a renters) ✓ Tigard residents of more than 20 years (56% vs. 36% to 45°/a other lengths) ' The following groups are more likely to read the Tigard Times for the local government information: ✓ Residents age 50 to 59 (39% vs. 14°/a to 39% other age ranges) ✓ Those without children at home (32% vs. 24% those with children) ✓ City meeting attendees (37% vs. 28% non-attendees) ✓ Voters (33% vs. 16% Non-voters) ✓ Homeowners (32% vs_ 18% renters) The next list of groups are those who are more likely to use the Cityscape Newsletter for local government information: ✓ Females (32% vs. 25% Males) ✓ City meeting attendees (39% vs. 27% non-attendees) ✓ Voters (34% vs. 15% non-voters) ✓ Homeowners (34% vs. 14% ✓ Tigard residents of more than 20 years (43% vs. 24% to 26% other lengths) Total Total Participants 400 Oregonian 44% Tigard Times 29 Cityscape Newsletter 29 N News 22 Word-of-mouth 9 Internet/Web 7 County newsletters 6 Public Access TV 2 _ KUIK Radio 1 " KKCW / K103 1 Miscellaneous 4 Don't know 4 Refused 1 • RILEY RESEARCH 27 ~ASSOCIATES - ~ Q37. Have you attended any City of Tigard meetings in the last year? Total Total Participants 400 No 86% Yes 13 Refused 1 . Q38. Do you currently have children under the.age of 18 living with you? Total Total Participants 400 No 63% Yes 36 Refused 1 Q39. And finally, which of the following categories includes your age? (Aided) Total Total Participants 400 18-29 10% 30-39 17 40-49 25 50-59 30 60-69 7 70+ 10 Refused 1 Gender Total Total Participants 400 Female 53% Male 47 RILEY RESEARCH 28 ' ASSOCIATES APPENDIX: Questionnaire Hello, my name is of Riley Research calling on behalf of the City of Tigard. We are calling to hear your opinions and satisfaction with City services and priorities. Your feedback will aid the City in providing services and long-term community planning. (IF NECESSARY) All of your responses will be completely anonymous and combined with hundreds of others. S1. To start off, do you live inside or outside the city limits of Tigard? (IF OUTSIDE, POLITELY DISCONTINUE.) Inside -1 Don't know -2 S2. (IF DON'T KNOW TO S1) What are the cross streets nearest to your home? Community Services Q1. How satisfied are you with the City of Tigard as a place to live, on a ten-point scale where one means "very dissatisfied" and ten means "very satisfied"? 1- Very dissatisfied 2 3 4 5 6 7 8 9 10 - Very satisfied 99-Don't know Q2. What do you like most about living in Tigard? Q3. What do you like least about living in Tigard? Q4. As a place to live, would you say that in the past few years, the City of Tigard has become better, worse, or has stayed about the same? Better -1 Worse -2 Sta ed the same -3 Don't know -4 ' Q5. Looking 5 years into the future, do you believe the livability of Tigard will become be.Aer, worse, or will it stay about the same? Better -1 Worse -2 Sta ed the same -3 Don't know -4 RILEY RESEARCH _ ' ASSOCIATES Q6-17. Moving on, I'd like to ask you to rate your satisfaction with the following City services on a ten- point scale, where one means "very dissatisfied" and ten means "very satisfied." If you've never visited or had interaction with the service, just let me know. 1- Very dissatisfied 10-Very satisfied The Permit Center that provides buitding 98-No 99- ermits and zonin information 1 2 3 4 5 6 7 8 9 10 interaction DK Your overall perception of the City police 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK Your personal experience with the City police 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK Your overall perception of the library 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK Your personal experience with the library 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK Your overall perception of City parks 1 2 3 4 5 6 7 8 9 10 98-No 99= interaction DK Your personal experience with City parks 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK Recreation and leisure activities 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK Street maintenance 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK Your interaction with City staff 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK City water and sewer services 1 2 3 4 5 6 7 8 9 10 98-No 99- interaction DK In regards to traffic, your ability to get around 1 2 3 4 5 6 7 8 9 10 98-No 99- the Cit interaction DK Tigard is currently updating its Comprehensive Plan. This. 20-year plan guides City decisions regarding land use, the provision of public facilities and services, and community livability. Your feedback on the next series of questions will help shape the plan. Community Planning Q18. Please rate how the City is doing in regards to planninq the community, on a ten-point scale, where one means "very dissatisfied" and ten means "very satisfied". 1- Very dissatisfied 2 3 4 5 6 7 8 9 10 - Very satisfied 99-Don't know , 019. What is the most important issue for the City of Tigard as it plans for the next 20 years? 1 • RILEY RFSEARCH ~ASSOCIATES - - - Q20-29. How important are the following characteristics to the livabili of Tigard's residential neighborhoods, on a ten-point scale, where one means "not at all important" and ten means "extremely important"? 1- Not at all important 10-Extremely important Nei hborhood arks within a half-mile of home 1 2 3 4 5 6 7 8 9 10 99-DK Variety of housing types (single family, townhouses, 1 2 3 4 5 6 7 8 9 10 99-DK a artments Pedestrian and bike aths 1 2 3 4 5 6 7 8 9 10 99-DK The level of nei hborhood traffic 1 2 3 4 5 6 7 8 9 10 99-DK Com atibili between existin and new development 1 2 3 4 5 6 7 8 9 10 99-DK Neighborhood commercial services within 5 minute 1 2 3 4 5 6 7 8 9 10 99-DK walk from our house Maintaining existing lot sizes within established 1 2 3 4 5 6 7 8 9 10 99-DK nei hborhoods Protection of trees and natural resource areas 1 2 3 4 5 6 7 8 9 10 99-DK Bus service 1 2 3 4 5 6 7 8 9 10 99-DK Strengthening regulations to improve the appearance 1 2 3 4 5 6 7 8 9 10 99-DK of the communi , Q30. As more people move to the reqion, do you believe the City should promote growth, accommodate growth, or attempt to limit growth? Promote -1 Accommodate -2 Limit -3 Don't know -4 Now we'll finish up with some demographic questions.. Q31. How many years have you lived in the City of Tigard? Q32. Which of the following elementary schools is nearest to your home, and if you don't know please say so? (READ LIST) Alberta Rider -1 C.F. Ti ard -2 Durham -3 Metz er -4 Tem leton -5 Woodward -6 Don't know -7 Q33. (IF DON'T KNOW TO Q32) What are the cross streets nearest your home? Q34: Do you tent or own your home? Rent -1 Own -2 Refused -3 M RILEY RESEARCH _ ASSOCIATES Q35. Have you voted in any of the last two elections? Yes -1 No -2 Refused -3 Q36. How do you generally learn about what's going on in local government? (UNAIDED, MULTIPLE RESPONSES) Ti ard Times -01 Word-of-mouth -06 KKCW/K103 -11 Noticias en Es anol -02 InterneWVeb -07 NPR/OPB -12 Ore onian -03 KUIK Radio -08 Ci sca e Newsletter -13 EI His anic -04 . Public access N -09 Don't know -18 Count newsletters -05 N News -10 Refused -19 Other list : -20 Q37. Have you attended any City of Tigard meetings in the past year? Yes -1 No -2 Refused -3 Q38. Do you currently have children under the age of 18 living with you? Yes -7 No -2 Refused -3 Q39. And finally, which of the following categories includes your age? (READ LIST) 18-29 -1 60-69 -5 30-39 -2 70+ -6 4049 -3 Refuse -9 50-59 -4 Those are all the questions I have, the City of Tigard would like to thank you for your valuable opinions. Have a great evening. Record Gender Male -1 Female -2 RILEY RESEARCH - ~ - _ ~ ' ASSOCIATFS Attachment 2 ' RILEY RESEARCH ASSOCIATES ~ Research for Marketing, Public Relations, and Planning CITY OF TIGARD Community Baseline Survey 2006 Verbatim Appendix June 2006 www.rileyresearch.com 9900 S.W. Wilshire, Suite 250, Portland, OR 97225 phorre [503] 222-4179 fax [503] 222-4313 02. Misceilaneous reasons for likin Tigard Amenities Businesses City sports programs for all the kids In Washington County It's not Beaverton Less traffic than Portland . Nice blend of commercial and residential Not too busy except for traffic Quiet neighborhood 1 live in Shopping Tigard Senior Center Police Outstanding police force Police Department Miscellaneous Cheaper taxes Cleanliness Climate Everything Friends and family are here ' Like Portland annex Lived here for the last 30 years Don't know / Nothinq Nothing (3) Just moved here • RILEY RESEARCH 1 - ~Associam Q3. Miscellaneous: Like least about Tigard. Aesthetics Amount of run aown apartments and areas Lack of unique neighborhoods Old buildings Too many hills Trees have been ripped down Amenifies Lack of good grocery stores / Not enough grocery stores (2) Lack of restaurant choices / good restaurants (2) . Library Not a lot of local or small businesses. Communitv Doesn't have a strong sense of community like Lake Oswego. Everybody in your business Lack of sense of community Miss the city that is Portland. Development / Land Use Being built out_ Building codes Developments Getting permits Houses being built so close together. Need to plan Property rights Smaller lots now with more apartments Totat lack of planning Location Distance from the airport How far away I am from family. Location Not very rnany places I can walk to. Proximity to strip malls. Shopping areas are so strung out. You have to go either one-way in/out of Tigard to do it. Too close to Portland Traffic Speeding cars on my street y Traffic RILEY RESEARCH ' ASSOCIATFS 2 Q3. Miscellaneous: Like least about Tigard. (Continued) Transportation Buses Difficulty being a pedestrian or bicyciist Lack of public transportation Roads Old 99w Quality of the streets / Road maintenance (3) Speed bumps Town is kind of shameful; focus seems to be solely putting roads through. Water Fluoride they are trying to add to the water in Tigard. Quality of the water Sewer fee Water doesn't have fluoride. Miscellaneous Growth fact Cost of the services Out of state contractors. Politics Pollution is bad off I-5, Hwy 217 and Wwy 99 Rules and regulations of Summefield • School district is not open to change s •a RILEY CH 3 ` Q19. What is the most important issue for the City of Tigard as it pians for the next 20 years? Businesses / Emplovment Making it attractive for better business. More business environment More jobs CitV Plannin_q Annexation (2) Creating an identity. (2) Density (2) Creating a core city area where citizens feel a part of the community Decide where the streets and sewers should be. Getting businesses in town that are attractive instead of strip mall look_ Improving infrastructure. Infrastructure - making sure there are enough roads to meet the growing poputation. Infrastructure growth. Make provisions for all the building they allow. More stop signs in residential areas Not to reduce anymore of the city lots in size. Parking South of Downtown Tigard needs to become a part of it. Spend their money appropriately. CA spends their money on other things like parks; they don't have enough for their police. Communitv Helping people who don't have money, insurance or medical healthcare I promote a sense of community and right now I don't feel it here. Keeping Wal-Mart out is No1 Neighborhood Recreate the small town Developments Development (2) Quit building (2) Building too many buildings; hundreds of condos without enough streets, taking down all the trees City development Construction growth Development of property Don't build so much. ~ Less growth. It's out of hand, the building around here. Too much development Updating commercial districts Upgrade little urban core, mix residential, commercial, and the core, Working on development. RILEY RESEARCH _ ' ASSOCIATFS 4 _ d _ ~ Q19. What is the most important issue for the City of Tigard as it plans for the next 20 years? (Confinued) Downtown Tiqard Revitalize downtown. (8) Accessibility of downtown / Making downtown more viable (2) Downtown maintenance / Fix downtown (2) Upgrade downtown (2) Don't waste city money on the downtown plan. Downtown area Downtown Main Street becoming upscale. Downtown to become a friendly area, like coffee. Growth to downtown Modernize downtown area. Make it seem like more of a city. More variety, don't think there's a single grocery store. Providing better downtown, more user friendly. Where people can gather, and hang out. Education Schools (14) Education (4) School funding (4) Don't cut back on schools_ Education program for kids, like art, sports, etc. Focus more on education. Future growth of the school systems . Improve schools and loca6ons More budget room for education; more fair treatment for teachers, and better administration. More open to public of whaYs going on in schools. Overcrowded schools . Public education School quality high Schools are going down hill Work on the schools Growtfr Growth (8) Limit / Control / Manage growth (7) Expand urban growth Grown a lot. Proper growth Quit growing Room to grow; Tigard's limits are very small. Stop growth Urban sprawl 0~ RASSOC ~zcH - i' Q19. What is the most important issue for the City of Tigard as it plans for the next 20 years? (Continued) Housin Housing density (5) Affordable housing (2) Housing (2) About packing the homes to close Densities, for housing, a lot of good farms are being turned into town houses. Do not put in too many houses; would be overcrowded. Fair housing for people Housing over-crowding Housing prices ridiculous Limit density of housing; increases traffic Senrices to support new housing. Stop building so many houses. Stop putting in row houses. Land use Land use (5) All land used as housing All the new developments Close the building department. Durham Rd they are putting up another subdivision where beautiful open space was. Tiny shacks in cutsie colors; if one-guy coughs entire place shakes each house, for a house to live and breathe in a healthy environment, it should have at least 10,000 square feet of land. Tigard doesn't need to have any more people_ Stop crowding people into postage size lots. Urban sprawl-small lots Livabilitv / Aesthetics Livability (7) , Keep up the livability (2) Ability to attract and attain vital businesses, and residences Comfortable livabitity Improving overall look Keep it like it is Keep neighborhoods livable Maintaining what it has, and improving on it Maintaining what people have now. Staying as swell as they are now. Take care of what they have. - R(LEY RESEARCH ' ASSOCIATES 6 Q19. What is the most important issue for the City of Tigard as it plans for the next 20 years? (Continued) Open-qreen spaces / Environmental qualitv Green spaces (5) Preservation of green spaces (3) Create / Leave more open spaces. (2) Interaction of man and nature Jump on more open space, and grab it before the developers grab it. More trees Obtain open and natural spaces; keep trees when developments are approved. Parks and Recreation Parks (4) Recreation (3) Something for the kids/people to do (3) Bike trails Get a park and rec service like Beaverton and Portland do. We pay out of district. Making more recreational uses for the kids. More parks More recreation for the youngsters No recreation Public swimming pool would be great. Right now we have to go to the Sherwood YMCA or Beaverton so we have to pay the out of district fees to swim. Shopping to be more appealing. Plazas are dirty. Skate Park Skate Park, which is supposed to be at the potice station. Population / Overcrowdinq Population growth (8) Population (6) Overcrowding (3) Over population (2) Immigration (2) Balancing growth and population. Get rid of all the Mexicans Growing population. Handling the added population. Hopefully the population will stop growing so much, and will try getting quality rather than quantity. Over development - Population density S . Population increase. • R[LEY RESEARCH ~ASSOCIAT'ES Q19. What is the most important issue for the City of Tigard as it plans for the next 20 years? (Continued) Public safetv Keeping crime rate down. (3) Safety (3) Speed control/limits (2) Adequate police and fire people Fight crime better. Fire Funding police department Gangs Graffiti gang activity If I really live in the City of Tigard, there should be a streetlight at Multnomah Blvd. Garden Home Rd. and 69th. They are just waiting for a bloody accident. Improve the police Keep the crack out. Police Police force needs to grow_ Public protection Public safety Red light runners Safety for the kids to do activities When police come it should be Tigard Police not Washington County. Streets / Roads Street/Road - improvements/maintenance (12) Highway 99 (9) _ Roads (4) Pacific Hwy (2) 72nd is really bad Be more efficient with roadwork, they've done and re-done Walnut I don't know how many times. ' Do something about Main Street and 99. Enlarge Hall Street Fix Oleson Road; iYs dark, and the road is narrow with ditches on both sides. You can't even walk on it. More roads - better upkeep of them Need to expand the roads. Put in speed bumps on our street don't widen it. Road structure , Widen the roads. r: RAISLSOC]2ES~ CH $ Q19. What is the most important issue for the City of Tigard as it plans for the next 20 years? (Continued) Taxes Lower taxes (2) Home taxes Lower property tax Taxation Traffic / Congestion Traffic (100) Congestion (5) Traffic management (6) Traffic problems (6) Traffic flow (4) ' Traffic congestion. (2) Traffic on 99 (7) Ability to handle ali traffic Commute in traffic congestion Hwy 99 traffic problem Keep traffic moving Making traffic easier to go ihrough the city. Minimize traffic Plan better traffic patterns for when they put in new developments. Reasonable traffic. Road congestion Slow traffic Traffic areas Traffic improved Traffic light operation, the one on McDonald and 99 W. and Greenburg and 99 W need to equip it better. Traffic lights are needed in lots of locations. Streets need to be widened. Traffic on Pacific Hwy and Hall Blvd • Traffic pattern : Transporfafion Transportation (8) Expand MAX service / Light rail (6) Public transportation (2) Better transportation More buses Transportation issues Hwy 99 1-Transportation planning MRILEY ' 9 - _ - Q19. What is the most important issue for the City of Tigard as it plans for the next 20 years? (Continued) Water Water (5) Do not fluoridate the water some people have allergies to fluoride. Funding water and sewer; adequate supply to meet the needs of the residents, at a reasonable cost Quality of the water Resolving the water issue Utilities Water should be better. Zonin Zoning Zoning housing / property (2) Miscellaneous Children / Kids (3) Accommodating to small businesses Elderly people Family • Getting voter approval and getting the plan moving accomplishing in everything they have lined up I won't be here. Poorly designed survey because of the wording; people who take this survey cannot choose an honest answer because the definition behind the words are different for the surveyor and the people who make the decisions from the answers they get.) Provide facilities for Tigard area Providing overall services to the Bull Mountain Area. Resources Don't know / Noth Don't know / Not sure (25) Na / Nothing (9) No comments/opinion (4) . RILEY RFSEARCH ASSOCIATES 10 7 7- Q36. Miscellaneous information sources Communitv Being involved Community meetings CPO (Neighborhood club that meets to discuss land use in Tigard and petitions) Meetings Mail Junk mail Pamphlet they send out Media KXL 750 AM Regal Paper , The Courier Tribune ~Voter's pamphlet Z-9 00 Newsletters ~ Land development news Summefietd something newsletter Miscellaneous No interest in knowing about these people at all_ School • RILEY RFSEARCH • AssocinM D~ Introducti City of Tigard The goal of the research wa o gain insight into what residents think abo • Important issues for the com sive Communit rvey Results plan update • Satisfaction with City services June 2006 • Importance of various City characteristics • Perceptions ofthe City's livability ~ • Preferred information sources , Satisfactibra Methodology • Satisfaction with Tigard as a pla live, 1-10 scale • Satisfaction with community planning, scale . Scientifc telephone survey . Sample of 400 residents of Tiga 10 - Margin of error -+/-4.9% at a 95% le 8 confdence s . Fielding took place on May 22"d - Ju a 51h, 2006; 5:00 - 9:00 p.m. 2 o As a place to Ilve Communlty planning Satisfac 'nra Ratings Satisfac iflra Ratings •City service satisfaction, 1-10 le (Continued) io •City service satisfaction, 1-10 sca 10, 8.9 8 8 . 7, 7.9 s s a . ~ Z o 4 Inhnotlon Cllyvabr PermllGnbr Raanntlon 8b4vt'., AbIlltybpNvem ciryawe vnr ene i•iaun mynt•nma around ary Llbrary City Poliee City parks a•rvia.. eonvm•. 1 Tigard's ~ositives Tigard's Ne tives What residents like most ab living in Tigard: Location - 61 % What residents like least about ' in Tigard: •Location / accessibility - 49% •TraffC - 45% •Small / rural feel - 18% •Growth - 7% Atmosphere - 29% •Nice / quiet community - 20% •Safety / low crime - 6% The area's traffic and congestion problems ' j were mentioned as the most impoRant issue •Trees / Green space - 6% as Tigard plans for the next 20 years. ~ / Tigard, as -Place to Live Livability aracteristics Importance ratings on a 1-10 s e 50% 40% 30% 20% 70% 0% Better Worse Stayed the same , im Past few years 0 5 years in the future Growth iii-Tigard • Local Gov ~ament • ~ Information So-drces ' As more people move to the reg should growth be promoted, limited, or acco odated? 50% 50% 40% 40 % 30% SO% 20 % 20 % 10% 10°h 11,24 0% The Tigard llmes Cityscape N News Accommodate Limlt Promote Oregonlan Newsletter 2 Conclusion - Traffic and congestion manage t are the top concerns of residents. . - Most of Tigard's services were rated in ' terms. - Few think of Tigard's livability in negative ter ' most think Tigard will get better (or at least stay same) into the future. - Overall, residents appear to be proud of their cit and cautiously optimistic for the future. 3 Agenda Item # 5, Meeting Date June 27, 2006 COUNCIL AGENDA ITEM SUMMARY Ciry Of Tigard, Oregon Issue/Agenda Tide Mayor and Cit~ Manager Re~ort on 'TVF&R Community Academy and Police Ride-Along Prepared By: Craig Pxosser Dept Head Okay O-P Ciry Mgr Okaq ISSUE BEFORE THE COUNCIL AND KEY FACTS This is an infottnational briefing from the Mayor and Ciry Manager on their experience at the TVF&R Community Academy, and the City Manager's ride-along with the Tigard Police Deparnnent STAFF RECOMMENDATION No action needed. Information onlp. KEY FACTS AND INFORMATION SUMMARY The Mayar and City Manager were invited to participate in the Tualatin Valley Fire and Rescue Community Academy on May 5& 6, 2006. The Communitq Academy is an opportunity for TVF&R to educate community leaders on the provision of fite and rescue services by TVF&R The Academy included a day of classtoom instruction and field training, and a night spent at one of the T'VF8cR fire stations. The Mayor and City Managex will report on their experiences. In June, the City Manager went on a ride-along with a Tigatd Police officex for one shift. Citizens can request a ride- along by prior atrangement The City Manager will report on this experience as well. OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Improve Communication and Relationship with Citizens ATTACHmENT LIST PowerPoint Presentation. FISCAL NOTES None Tualatin Valley Fire & Rescue Community Academy, 07: 00 Hours, Friday May S, 2006. , To provide leaders with ~ • Training Includes: - an undetstanding of the - Overview of Services ~ CUItUT6, IIIISSIOn fltld ; - Fire Science ` - Classraom Study people of T'VF&R and share day-to-day - Emergency Medical successes and Training challenges. ~ Training Center Exercise Teamwork & Training - ~ l Ride Along with Station 34 (Tualatin) & Team Station 64 (Rock Creek) ~ - - M".,~ `-A 1 Tigard Police Departmen t ~ / ; Ride with an _ ' ~ officer for a shift! 2 Agenda Item # ~ Meeting Date June 27, 2006 COUNCIL AGENDAITEM SUMMARY City Of T'igard, Oregon Issue/A.genda T'itle Consider Amending Ordinance 06-04 (An Ordinance AnneLcing 3.525 Acres - Approving Wilson Ridge No. 2 Annexation(ZCA2005-00005.).) to Re-Place Exhibit B with a Corrected Map that Matches the Adopted Legal Description and Adopted Ordinance. Prepared By: Beth St. Amand Dept Head Okay City Mgr Okay ISSLJE BEFORE THE COLJNCIL Consider adopting the attached ordinance to rectify a clerical error. STAFF RECOMMENDATION Adopt the attached ordinance. KEY FAGTS AND INFORMATION SUMMARY • On Apri125, 2006, the Council approved Or•dinance 06-04: An Ordinance Arulexing 3.525 Acres - Approving Wilson Ridge No. 2 Annexation (ZCA2005-00005)). • Ordinance 06-04 included four exhibits, including the legal description and a map from Washington County Assessment and Taxation (Exhibit B). • The adopted legal description and ordinance correctlydefine the temtory; however, the map (Exhibit B) is inconsistent with these controlling documents. - . Therefore, the attached ordinance amends the original Ordinance 06-04 to replace the incorrect map and correct the error; it does not require the Council to re-adopt the original ordinance. . All other provisions of Ordinance 06-04 remain in effect as originally adopted. OTHER ALTERNATIVES CONSIDERED Not applicable. 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 Amending Ordinance 06-04 (An Ordinance Annexing 3.525 Acres - Approving Wilson Ridge No. 2 Annexation (ZCA2005-00005)) to Replace Exhibit B with a Corrected Map that Matches the Adopted Legal Description and Adopted Ordinance. Etthibit A: Amended Map Attachment 2: Ordinance 06-04: An Ordinance Annexing 3.525. Acres, Approving Wilson Ridge No. 2 Annexation (ZCA2005-00005), and Withdrawing Propertyfrom the Tigard Water District, Washington CountyEnhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 1, and the Washington County Vector Control District. Adopted Exhibits: Exhibit A. Legal Description of Proposed Annexation Territory Exhibit B: Washington CountyTaxation and Assessment Map for Proposed Annexation Territory No ExWbit C Exlubit D: Staff Report to the City Council FiscAL NoTEs Not applicable. I:\LRPLN\Council Materials\2006\6 27 06 Wilson Ridge No. 2 Oid.doc " Attachment 2 . ` QTY OF TIGARD, OREGON ! TTGARD QTY OOUNQL ORDINANCE NO. 06- oq AN ORDINANCE ANNEXING 3.525 ACRES, APPROVING WILSON RIDGE NO. 2 ANNEXATTON (ZCA2005-00005); AND VATHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON GOUN'I"Y ENHANCED SHERIFF'S PA'TROL DISTRICT, WASHINGTON OOI)NI'Y URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON OOUN'I°Y STREET LIGHTTNG DISTRICT # 1, ANID THE WASHINGTON QOUNI'Y VECTOR QONI'ROL DISTRICT. WTIEREAS, the C~ity of Tigani is authorized by ORS 222.120(4)($) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registened iq the territory proposed to be annexed and written consent from owners of more than half the land in the temtory proposed to be annexed; and WHEREAS, the City of Tgard is authorized by ORS 222.120(5) and 222.520 to withciraw properries which currently lie within the boundary of the T'igard Water District, the 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 upon completion of the annexation; and WHEREAS; the Tgard City Council held a public hearing on Apn1 25, 2006, to consider the annexation of two parcels of ]and and portions of the rights-of-way of both SW Bull Mountain Road and SW 133rd Avenue for a total of 3.525 acres and withdrawal -of said propercy from the Tgard Water District, the 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; 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 mgarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222524, notice was given and the C'ity held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tgard Water District, the Washington County Enhanced Sheriff's Patrol Disuict, Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 1, and the Washington County Vector Control District oa Apri125, 2006; and WFEREAS, purswant to ORS 222524, the City must declare the withdrawal of annexed properties from the T'igard Water Disuict, the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington CAUnty Street Lighting District # 1, and the Washington County Vector Control District by Ordinance;. and ORDINANCE NO. 2006rOg_ ZCA2005-00005 Wilson Ridge No. 2 Annexauon Page 1 of 3 i ~ . . ' WF-IEREAS, the Tigard Development Code states that upon annexanon, the zone is automatically changed to the C".aty zoning most closely confonning to the CAUnty zoning; and WEEREAS, the current zoning district is R 7, an existing C'ity 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 C'ityof T'igard goes into.effect; and Wh-EREAS, the annexation has been processed in accordance with the requimments of Metro 3.09 and has been reviewed for compliance with the T'igard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regvlating annexations; and VEEREAS, the Gty Council has carefully considered the testimony at the public hearing and deterniined that withdrawal of the anneged properries from the applicable service districts is in the best interest of the Gty of T'igard. NOW, THEREFORE, THE QTY OF TIGARD ORDAINS AS FOLLOWS: SECITON 1: The Tigard C'ity Council hereby annexes the parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the T'igard Water District, the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance Disuict, Washington County Street Lighting District # 1, and the Washington County Vector CAntrol District SECIT4N 2: The Tigard Gty Council adopts tlie "Staff Report to the Cfity Cauncil" as findings in suppoit of this decision; a copy is atta.ched hereto as Exhibit D and incorporated herein bythis reference. SECITON 3: This ordinance shall be effective 30 days after its passage by the Counal, signature by the Mayor and posting by the City Recorder. SEGTION 4: C'ity 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. SECITON 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properry from the Washington County Enhanced Sheriff's Patxol District, Washington County L3rban R,oads Maintenance - District, Washington County Smeet Lighting District # 1, and the Washington County Vector Gontrol District shallbe the effective date of this annexation. SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this propeny from the Tigaid Water District shall be July 1, 2007. SECITON 7: In accordance with ORS 222.180, the annexation shall be effective upon filng with the Secretary of State. ORDINt1NCE NO. 2006- V`i ZCA2005-00005 Wilson Ridge No. 2 Annesation Page 2 of 3 . . , • ~ . PASSED: By u nan Imous vot~f all Coun ' members present after being read by number and title only, thiv~5 -day of L , 2006. 64Caeri~ne Wheatley, C"ityRecorder . ~ APPROVED: By T'~gard City Council thi,sll~S - day of , 2006. Ap roved as to form: , Nick Wilson, Council : President ; Attomey Certi~ied to be a t~ue ropy of the Oagixa! onfifik "O*of Tig Ci Hu![ Date By ~ty Recvrder, Ci1y ojTig Dak • • ORDIlqANM NO. 2006r ZCA2005-00005 V!/ilson Ridge No. 2 Aruiexation Page 3 of 3 • Nov• 4. 2005 10:38AM Aloha CommunitY Develoament EXHIBIT A•. ~ • ~ ' , . alpha COMMUNITY DEVELOPMENT I,EGAL DESCRIPTiON JOB NO. 402-027 wrLsON RiDGE NO. 2 ANNEXAnON A PARCQ OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SEC110N 9, TOWNSH(P 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERlDIAN, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RiGHT-OF-WAY t1NE OF S.W. BULL MOUNTAIN ROAD (COUMY ROAD NO. 2515) LY1NG 20.00 FEET, RIGHT ANGLE , MEASURE. NORTHEASTERLY OF THE CENTERUNE. FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF PART(TION PLAT NO_ 2000-086 BEARS SOU'fH 59°20'07" EAST, 57.18 FEET; THENCE ALONG SAID tJNE NORTH 59°20'OT' WEST, 54289 FEET TO A POIM ON THE NORTFiERLY RiGHT-OF-WAY UNE OF S_w. guu MouNTnlN RoAD, SAtD POINT BBNG THE IMERSECTION. WtTH THE NORTHERLY ORENSION OF THE WESTERLY RtGHT-0F-WAY UNE OF S.W. 133RD AVENUE LYiNG 25.00 FEET, RiGHT. ANGLE MEASURE, WEST OF THE - CENfERUNE OF S.W. 1339D AVENUE; THBdCE ALONG.SAIQ IXTENSION AND WESTERLY RIGFfi-0F-WAY UNE SOt1]'H 00°3I `25" EAST, 433.67 FEEf; THENCE SOUTH 88°28'35" EAST, 50.00 FEET TO A PO(NT ON THE E/ISTERLY RIGHT-0F-WAY LINE OF S.W.133w AVENUE: SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE PROPERTY DESCRIBED.IN DEEO DOCUMEM. N4. 92062674; THENCE ALONG THE SOUTH LINE~OF SAID PROPERN SOUTN 89°26'35" EAST, 201.50 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE ALONG THE MOST SOUTHERLY WEST UNE OF THE PROPERTY DESCRIBED IN DEED - OOCUMENT NO. 97046401 70 THE SOUTHWEST CORNER OF SAID PROPERTI( SOUTN 01°31'18" wEST, 44.14 FEEf; THENCE SOUTH 68°46"45" EAST, 235.56 FEET TO THE SOtfi-iEAST CORNER OF SAID PROPERTY SAID POINT ALSO BEING A POINT ON THE WEST tJNE OF THE PROPERTY DESCRIBED IN DEED DOCUMENT NO. 97048724; THENCE ALONG SAID LINE NORTH 01°13'18" EAST, 156.30 FEET TO A POINT ON THE SOUTH RiGHT-0F-WAY UNE OF S.W. BULL MOUNT/UN ROAD; THENCE ALONG SAtD L1NE NORTH 59°ZO'OT' WEST, 13.88 FEET TO A POINY WHtCH iS THE IMH2SECT10N OF SAID UNE W(TH THE SOUTH6ZLY EXTENSION OF THE WESTERLY R1GHT-0F-WAY UNE OF S.W. FORAN TERRACE; TFIENCE ALONG SAfO UNE NORTH 01038'36" EAST; 45.74 FEET TO POtNT OF BEGWNING. CONTAtNING APPROX1NlATELY 153,541 SQUARE FEET OR 3.525 ACRES. 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A8 S 0 s 9 P91 ePl 4 • _ • '~I'.;'~.:~<,:~~:,,:•:.;•;,.;•;.. ••?s f, t,..~",e;..",%'~ wnau 3 '2° . ° 1 ,soo r tn ~ .,K ~ T ~ tt;,a 4 I p n; ' • ~ ~ '':1~`•~:'';~~-:.~:•~:,:~~; . . ~ ~ j: PLOT DATE: Apri104, 2006 . a~i~e ~ fOfjASSEkSMENT P~fRPQSES f~ '•a .GS~'.d oc• ~ ~ . . , . , . . . . VNLy NpBRU T ReLy vN . ' I~', l ; fOSE S 7H 1`',~~. ♦ . ~ ~ 1 ~ itno0~ •t..'; u.nrws.~r.rgrn.snm.~as.ee..+rrewa ' i,~ 'p~,, •~y ~ ~ . • , wa~wwrw~wmv+IwAw.rro~Mew.~.e~on • . anMV9~beswsrYa /`.aoonaaw~rpioO~NMO •:•y'.. Mbwelo~w4nlu~ ,~M P` Q w•'~•r, •..i,: •:t:: ':p°' ^d'' ~~w::. . . .fa.~•. `•1 .p, •ei.. ~F;y;-. , . . . :'R~.•: . . . . . :~x~.~' . . . . . . . . . . . . . . . . . . . . . . . . . . :r . . . . . . . . . . . . . . . . . . . ~':11' . . . . , a . . w . . 'sv : ~ ..f'~. . TIGARD ~2S 1 09AC 2S 1.09AC EXHIBIT D . . . : . Ageada Item: ' . ~ • . He ' Date: ri125 20Q6 . Time:. 7:30 PM . . ~ ~ ~ . . . ~ . . ~ ~ . ~U . ~ . . . . - . . - _ ~ . - . . • . . . . . . : ~ . : . . , : , . _ . . . . . . ~F~DR`: OFTI+GARD ~ ~d N. 120 I?AYS = N /A SECTION I. APPLiCATION SZfMMARY ~ . FILE TIAME: WIISON RIDGE NO. 2 ANNEXATION CASE N4S: . Zone Chauge Aiiaexation (ZCA) ~ . ZCA2005400005 APPLICAN'T: ~ Ventute P=opesties, Inc. APPLICANT'S Alpha Community Development ~ 4230 SW Galewood$t #100 REP: ~ 9600 SW Oak-St, #230 ~ Lake Oswego, OR 97035' Portland, OR 97223 . " OWNER Rick and CXieryl Gimlin OVVT-ER Douglas and Chadene Potter 13280.SW Buli Mountain Rd. ~ 13214 SW Bu11- Mountain Rd igafd, OR 97224 T'~gazd, OR 97224 . ~ PROPOSAL: The appfieant is requesring annesation of two (2). parcels contaiaing 3.525 actes into ~ the ~.ty of Tigud; mctuchng portions of the S. Ball Mountam Road and SW 133td Avenue iights-of-way. . . ~ . LOCATION: 13210 & 13280 SW Bull Mountain Road; WCIZvi 2S109AC, Tax Lots 1900 and 2000. The subject site is located south of Bull Mountain Road and east of SW 133cd Avenue. ~ . - CURRENT ~ ~ . ZONING ~ . ~ DESIGIVATION: R-7: Medium-Density Residential District The R-7 zoning district is. designed to . ~ accommoda.te attached single-family homes, detached single-famly homes with or ~ witl2out accessory residential units, at a. minitnum lot size of 5,000 squate feet, and duplexes, at a rYiuumum lot size of 10,000 squate feet Mobile home par.ks and subclivisions aze. also pennitted. outright Some civic and institational uses aze also perinitted conditionaIly. _ EQUIVALENT . ~ - ~ ~ . . . . CITY ZONING DESIGNATION: R-7: Medium-Density Res'idential Distiict.The R-7 zoning district is designed to accommodate af[ached singie=family homes, detached single-family homes with or . withaut accesso=p residential units, at a miniinum Iot size -of 5,000 square feet, and ~ duplexes, at a u2inimum Iot size of 14,000 square feet Mobile home patks and ~ subdivisioas are also.pennitted outright. Same eivic and institutional uses are also ~ permitted conditionally. WILSON RIDGE NO. 2 ANNEXATION PAGE I OF 9 ~ 3 . ~ . . ~ APPLICABLE . . REVIEV : , . - . - . . CRITERIA: ORS Chaptex 222, Metro Code Chapter 3.09, ComprehensivePlan Poficies 2 and 20, Commumty Development Code ehaptets 18320 and 18390. . SECTION.II. STAFF RECOMMENDATION titrecowmews fliiti.the:Goiitic.~~;~fa~'.~ait;tfii?e:: PQS4M" flQ~¢UQ5 :nneets aII :ibe.'` `v..iferiaiden~fiec:~:~ ~ N. ~09 } eiisive . ?Pp~ ~P4cies.Z~and Ia; Cao~ . : :~efore, staff . . . ~4a?!tj?~~'-'.. . °~'.1°~t . : : . . . _,P~• _ - . . - :ie~pimmendsAFPRQV1~a~~C~t~(lEi~-0OQl35. ado tioaaf.the:~tt~cxied:oi~ance:, SECTION III. BACKGROUNI} flNFORMATION - Siie Infotmation: - Located at the.intersection of Bull Mountain Road and SW 133d Avenue, the '35?S-acre subject site : consists of two parcels and the adjace.nt rights=of,-way on SW Bull Mountain Road and SW 133°dAvenue. 1t is contiguous to the City of Tipazd on the site's *"est boundary abutting Wilsan Ridge subdivisiou, along the site's. east boundary abutting AIberta Rider School, and along portions of the site's northetn bbundary_ The site is part of unincorporated BnII Mountain and the City's Urbau Setvice Atea; the p2ovisions of the City of T'igazd's Utban Setvice Ag=eement (I'USA) and the Utban Services Intetgcivemmental Agreement between WashingtoII County and the City of T'~igatd apply. Three =esidential structiues and 'associated outbuildings. stand on the site, which has an approgimate.4°lo slope. No sensitive lands or wetlands have been identified. ~ The applicant requests annezation of the 3.525-acre site to the City of'I"igud (WCT'M 2S149AC, Tag Lots 19.00.and 2000). The appficant also has submitted separately a,land use application for a 17-lot subdivision on the proposed annexation territory (SUB2005-00022). 'That application is a separate land-use decision with its own set of review criteria.and will not be addressed in this =eport. SECTION IV. APPLICABLE REVIEW CRITERIA. FINDINGS AND CONCLUSIONS State: ORS Chapter 222 . Regional: Metto Code Chaptei 3.09 City: Comprehensive Plan Policies 2 and 14, Communitp Development Code Cbaptets 18320 and 18390. .A.. CITY OF TIGARD COMMiJNITY DEVELOPMENT CObE (TITI:E 18) Staff has. detetmined that . the proposal is consistent -with the reIevam portions of the Community Development Code. based on. the foIIowing findings:. . 1_ Cha~ter 18.320.020: Approval Process and Standards. . . B: Approval eriteria. The decision to approve; apptove with modi5cation, or deny an application to annex property to the City shall be based on the following criteria: L All services and facilities are available to the azea and have sufficient capacity to pcovide-service for the proposed annexation area; and . The.City of Tigard Comprehensive Plan's Urbanization Chaptex (Po&ry. 10.1.1) defines "services" . as water, sewer, drainage, streets, police; and fi=e ptofection. The .Qroposed annegation teaitory is WIISON. RIDGE NO. 2 ANNEhA'FION PAGE 2 OF 9 ZCA2005-00005 currently zoned R-7, a mediwn-density single-famly zesidential zone with-aminiinum residential lot size of 5,000 square feet The proposed annegation temtory would retain this zoning:upon annexation. Water is av-Zable to the ptoposed annexation territory, both in the SW 133rd Avenue _ right of-way and SW Bull Mountain_ Road, as indicateci-by the City's Public Works department - The nearest sanitaiy sewer line 'is an 8" line located to the - south (Batterson Street). A storm . drainage liae is tocated in the SW Bull Mountain Road right-of-way, which is aLso part of the pioposed annexation tesritoty. : . for Streets, the 'City's. Transportation System Plag (TSP) - standazds ap.plp. The proposed anneiation teztitQry. is Iocated at -the inteisection of SW Bull Mountain, which is designated a collector in the City's 'Transportation Spstem PIan (TSP), and. SW 133rd. Avenue, wliich is designzted a neighboLhood route-in the TSP. The Cstp of Tigard departtuents of"Public Warks and Police liave reviewed the annegatian ptoposal: and have not raised any, objections or indic;ate that there would be 'a Iack of sefvice capadty for tlie proposed aunexation tertitory or a significant . reduction in. egisring Citp setvice leveLs: In addititsn, Tualatia Valley Fire -and Rescue _(TVF&R) reviewed and endozsed the ptopbsal; TVFBcR cuzcendy setves the proposed annegation territory. Based upon tbis review, staff finds that aIl Mblic services (as de5ned by tbe Comgrehe.asive P1an) .are available to the provosed annegatioa.femtor,y and aIl public seivices have sufficient eapaa~ to grovide seivice to tlie Rogosed wmeYation temtory. . . . 2. The appiicable Comprehensive Plan poticies and implementing ordinaace pcovisions 1ave been satisfied: 'Ihree . Compiehensive Plan polides appiy to proposed annexations: 2.1.1, 10.1.1., aud 10.1:2. Staff has determineii that the p=oposaI has satisfied the applicable Compiehensive Plan policies based on the following ftndings: Policy 2.1.1: Citizen InvolvementThe City shall maintain an ongoiag citizen iavolvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning pcocess. . " The City maintains an ongoin.g citizen involvement p=ogiaia. To assuie citizens will be provided an opportunity to be invdved in aIl phases of the pIanning process, the City pzovides notice for Tqpe N land-use applications. The City posted, maRed and published notice of the public fieating as . follows. The City posted the heaung notice at four pubfic places beginning February 13; 2006: Tigard Libruy, Tigaid City Hall; T'igard Permit Cente.z, and on the ptoposed ai:nexation teaitory. The Citp pnblished notice of the hearing in Tbe T'imes fot taro successive weeks (Apn1(i, 2006,. and ' Apri113, 2006,} prior to the'ApLi125, 2006, public hearing. The City also noailed notice to aIl intezested parties and suriounding property owners within 500 feeE on Apri13, 2006. In addition, tlxe City maintains a list of inte=ested parties organiaed bp geography: Notice was mailed to interested .parties in the West aiea on February 9, 2006, which includes former Citizen Involveirient Team contacts and CPO 4B; the atizen partidpation arganization for the area. Staff finds that tliis policy is met. . . : Poliey 10.1.1: Utbanization. Pcior to the anneication of Iand w the City of Tigard, a} the City shall review each of the fol2owing services as to adequate capacity; or such services to be made available, to serve the parcel if developed to the most intense use aItowed, and will not significantly redace the tevel oEservices available to.devebped aad undeveloped land within the City of Tigard: L Water, 2. Sewer, 3.. Drainage; 4. Streets; S. Police; and 6. Fite Protection. WIISON RIDGE NO. 2 ANNEXATION PAGE 3 OF 9 '1/" A nAA[ MAAC . , . ? J . ~ As addtessed under 18.320.020 above,. adequate service is avai7able to the proposed annegation teuitory. The proposed anuezatian territory is currentlp zoned R-7, a medium-density single-family residential zone.with a minimum iesidenriWlot size of.5,U00 squaze feet The groposed annexation territorycvould re~ this zoning upon annegation. If developed to its designated capacity vf 7 . units pe= gross aae, the site coutd 'aecommodate approsimately 17 uaits, w]aich would result in a nef kcrease of 14 units total fot the subject site. _ VQhen -the site develops; it w71 be. req*d to connect to pu* service faeilities, which this report has fouad to be zvailable to the ptoposed. . annesation tcuitory. As noted above, the*applicant has submitted separately.a 174ot subdivision appkcation for the pioposed annesation teaitory and inchided a copy of those plans iri the . annegation submittaL The ]and-use regiew of SiJB2005-0OQ22 wM review the subclivision p=oposal foi speccific setvice p=ovisions and iequite additional facilities or upgrades as.apptopriate. Based on the proposed annezation teriitory's capacitp,. the Gity- of T'igard departments of Public . Wotks and Police fiave reviewed the annegation gtoposal and have not.raised-any objections or . indicate that there would be a}ack of service capacsty for the ptoposed annesatiou tetritory . oi a stgnffirant reduction in esisting City setvice levels. Tualatin Valley Fir.e and Rescue-atso revieaved the proposal and did not raise any obJections or inditate that there woiild bea lack of service . -capadty for the proposed annegation te.izitory.-Staff finds that thete is'adeguate ea~acity to sesve -.rhe parcel (watec, seaver. drainage, stteets..Mlice_ fire protectioi if developed to the most intense ' . use allowed, and wM not significantl~ ieduce the level of services avaRable to develo_Qied and . . undevelo~ed }and.withiII the City of T" aiid. . . . b) If tequued by aa adopted capital improvemeats progcam ordinaace, the applicaat shall sign and recotd with Washington Couaty a noniemonsttance agreement regardiag the followitig: -L The . fomnation of a local improvement district (I..I.D ) for any of the falIowing services that could be provide(i through such a district. The extensioa orimproQement of the foQowing..a) Water, b) Sewet, c) Drainage, and d) Sueets. 2. The formation of a special district for aay. of the above secQices or the inctusion of the pcoperty into. a special secvice district for any of the above setvices. This criterion does not apply_ No. capital iinprovesnents piogram requires a nonremonsttance agfeement fo= this azea. Uzbam services aze alreadp available for the pioposed annexation territoty. Othez public fac.iliry requireinents wM be provided as part of the subdivision review (SUB2005- 00022). : c)' The City shalI pcovide urban services to azeas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation.'. The Tigard Uibaii Planning Atea (as defined in the IYla.chinoton Caunty - Tigard Urban PlanningAna Agrement, Ju1y 2004) incluiies the propased annezation territory. The City is the desiguated urban seivices providex for. the setvices defined in tlie Tigard Urban Senice Agnement (2002) and subsequent opezating agreemeats: police; pazks, recreation and open space; roads and streets; sanitary sewex and stomz water (through an operating. agreement with CWS); and watez seivice. Upon anne,zation, those services w1l be provided according to the City's current policies. Staff finds that this policy is met. Policv 10.1.2: Urbanization. Appcoval of propased annexations of land by tlxe City shall be based on findings with respect to the fotlowing. a} The annexation eUminates an existing "pockct" or "island" of uaincocporated territocy; or, b) The annexation will aot create an ittegular boundacy . that makes it difficult foc the pofice.in an emergency situation to deiermine wbethet the pazcel is withia or outside the City; c) The Police Department has commeated upon the annexation; d) the . tand is tocated wifhin-the Tigard Area of Intetest and is condguous to the Citq boundary; e) Tlie WIISON RIDGE NO. 2 ANNFXATION PAGE 4 OF 9 ZCA2005-00005 annexation can be accoEnmodated by,the setvices listed in The ptopased annexation territory is contiguous to the City on the site's west boundarg abutting . Wi7son Ridge sulidivision, along the site's east boundazp abntting Alberta Ricles Schoot and along , portions of the site's northern boundary where it abuts SW Foran Tenace and tetritory iu'the 2004 Alpine vew annexation (ZCt12004-00002): The'City annezed both the W''ilsou Ridge subdivision - and Albem Rider School in 20(}5; tIierefore, the proposed annegatioa woutd elimiaate aa e$isting pocget of unincorporated tetritory along: the south side of SW Bull Mountain Road; approximately . 485 feet in length. It w71 not ereate an ineguhi lioundary. 11e City-of Tligard Police Depa=ttaent fias revieoaed the pfoposed anne$ation and.has no objections. 1he WarbiiigtaWCounty - Tigard Urban plamringl4naAgieemenl Qu1y' 2004) includes tlie proposed annesation teintory within its Area o€ Lnterest Las.tly, as sectton 10.1.1.(a) dernoIIStmted, the annegation can be accommodated bp the . follooving services: water, sewer, drainage; stteets; police; and.f te piotection. The=efoie. staff finds that the'pzocised annexation meets Policy 10.12 - . Policy 1013: Utbanization. IJpon annexatioa uf land iato the Ctty which cauies a VPashington Couaty zoning designation, the City of Tigard shaII assign the Caty o"f Tigatd zoaing district • designatioa.which most closely coaforms to the couaty 2oning designation. Washington County previousiq adopted City of'Tigazd zoning designations for unincorpotated Bull Monntain due to the intergovemmental agFeement ia whic}i T'%a.rd perforins bwlding-and development services on behalf of the Counry (adopted 1997; =evised 2002). -Me proposed . . , annesatioa territoiy's Washington Couaty designatiou was R-6 and was couverted to Tigatd's R-7 (Table 320.1 M~m*+ia*+zes the converxioa of the CounWs plan and zouing designations). The=efore na changes aie requued in the zoniIIg.designations fvt the Plan AFea, as the cuirent designations iefleet City of T"igard designations. , . . TABLE 1301 . COVtiERSION iABLE FOR COG^.r'TY A-MID CIIY YL.LN ZONiNG DESIG!% A7T0*IS Wuhiagton Cocnty Land Lx (5ry ef 7'igard Zods6 ' City o('ISgarA • : DistrictsRtas Desepation llaa Desigsauon R-S Res. S umwaae R-4.5 SFR 7,500 sq. 8 Lmv 4msity 1-5 UCifthae R-6 Res. 6umits'acR R-7 SFR 5,000 sq. R. b[ed, dmsity 6-12 amtslaae R-9 Bes: 4 umti'aae R-1: Multi-Familp 12 unitslaae ?rlcQ dmsity 6-12 moits'aue . R-1: Res. 12 Smittiacte R-12 Multi-family 12 mmiftlaae Med dmsitp 6-12 mitsJaae R-15 Res. ISonQVxre R-25 Malti-fam7y 25 miulaae Medium-Sighde¢sity 13-25 , unitrVyar R-24 Res_ 34 mialtaes ' R?S blotot-famity 25 mitsiaae Medi-High deasity 13-25 . midaae Offiee Commacial . C-P Commezeial Profesaboat CP Commacial Prnkssienal NC Neiohbaatiaod Commacial CN Neighbothood Commeioal CN NqghbaLood Co~acial CBD Commercial Snsiness CBD Commesrial Business CSD Cammereisl Busiaea . Distxict Distiiet ' Disuict . GC General Caunnerci.d CG Gmerd Commercial CG General Cou=ccial ` IND 1nd►strial I-L Ligpi 3ndustaal LigM tadiuniat~ . Chapter 18.320t020 C. Assignment of compcehensive plan and zoning des.ignations. The compreheasive plan desigaation and the zoning designatiou ptaced on. ttie .propetty shail be the City's zoning district which most closely im,plements the City's or County's compreheusive plan map WIISON RIDGE NO. 2 ANNEXATfON PAGE 5 OF 9 . designation. The assigntnent of these designations shaIl occui. automaticaIly aad coacurrently -with the annexation. In the case of taad which cacries County designations, the. City s6all coavert the County~s ' comprehensive plan nnap aud zoning designatiaas. to tlie City designatioas which are the mosf similaz. A zone cliange is required if the applicant requests. a comprehensive p}au map aad/oc zoniag map ' designation other than the eacisting designations. (See Chaptet 18386). A request for a xone chaage can be processed concuffendy with aa annexaaon application or after the annexation has been approveci: As .the previous section demonstrated, no' changes ate teqeriied 'm the.zoning de.signations €ox the.Plan- Area, as the cuuent designations teflect. Gity of Tigard designations. . City. of Tigard Co~nnunity Developmftt Code 2. Chapiet 18.394.060: Type MProcedure . . . Anneaations ate ptocessed by nzeans of a Type IV -procedare, ss gove=ned by Chapter 18390 of the Community DeveLopnaent Code (Tide 18)-using standards of approval contained.in t8.390.020(B), w}uch were addressed in the previous section. Chapter 18390 requiFes City Council -to hold a heating on. an -amegation. It also iequites the City ta pravide notice aE Yeast 'f Q days puoi to the heating by mad and to ' pubfish newspape= notice; the Gitp noailed notice on Apn13, 2006; atid pubhshed. pub}ic notvice in Tbe Times . fai two successive weehs (Apr1 6; 2006, and Apn113, 2006,) prior t+o the Apa125, 2006, pubfic hearing. AddidoaaHy, Chapter 18390.064 sets forth five decision-maldng considefatioas for a Type IV decision: L The Statewide Planning Goals and Guidelines adopted nadet Oregon Revised StaEntes Chapter 297; The CitYs CompFehensive Plan has been acknowledged by the Land "Conseivation and Development Commission to be ia compliance with state phnning goals. As ~ reviewed. above, -the aanegation proposal _ meets the existing Comptehensive Plan poficies aad thetefoie is in compliaare with state Planning goals- 2. Any fedeial or state statutes or tegulatioas found agplicable; ORS 222: State law (ORS222) aliows for a city to anncg contiguons land when _owuers -of real pioperty in the territory to be anneged submit a petition to the legislative body of the city. ORS 222.120 requires the . ritp to,hold a public heaxing before itc legisla.tive bodp (City Counci-1) and ptovide prtblie notice to be published. once each week for taro successive weeks prior to the day of the heaLing, in a newspaper of general arcuIation in the city,,a,nd. shaIl cause notices of the heating_ to be postecl in four pnblic places in the city fot a like period . . The propeFty owners of 13210 and 13280 SW. BuIl Mountain Road (WC£M 2SI439AC, tax lots 1900 and 2000) have submitted a petition 'for annexation to the City. The pLOposed annexation territory (Wi]son Ridge No_ 2 Annesation). is contiguous to the City in three Iocations: ou the site's west boundazy abutting Wilson Ridge subdivisioq along the site's east boundary abutting Alberta RideL School, and along portions of the site's northern bouindary where it abuts SW Fotan Texrace and temtory in the 2004 Alpine View annexation (ZCA200400002). T1ie -Citg published public,notice in Tbe Timet foi two suacessive weeks (April 6, 2006, aad Ap=il 13, 2006,) prior to the Aptil 25, 2006, public h-earin.g and posted. the hearing notice at four public places-beginn.ing Febtuaxy 13, 2006: Tigard Lbrary, T'igard City Ha, Tigazd Permit Center, and on the proposecI annexation territory. Staff finds that the provisions of ORS222120 have beeu met . 3. Any applicabte METRO regvlations;. Chaptes 3:09 of the Metro Cocle (I.ocal Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and stafe review standards. Note that tlie ieport is availabTe 15 days before the hearing (11pri1 10, 2006, for an April 25,, 2U05, hearing). Staff has determ'rned that the appiicable METR.O regiilations (Metro Code 3.09.040(b) &al have been met based on the followiit~£nclinv;a: . WIISON RIDGE NO. 2 ANNEXATION PAGE 6 OF 9 7!' A ~fl(1S_M(N1S i ti. . I . 1 ) ' . Metco 3.09.040 (b) : (b) Not later than IS days prior ta the date set for a chacige decision, the approving entity shall make - available to the pubfic a report that'addre'sses the criteria in subsectioas (d) and (g) below; and.that _ includes ai a minimum the. following. (1) Tfie extent to which urban setvices presently are available to setee the affected territocy including any exua territorial extensions of secvice; As addressed previouslp in .this ieport, urban seivices aze availabZe to sesve the affected territory. (2) A description of how the proposed. boundary chaage complies with aay urban se=vice provider agreements adopted.pursuamt to ORS 195.065. betaveen the affected entity and all necessary parties; . As addressed previoasly in this report, the annegation proposal complies .,with all applicable . provisions of urb°an service psovidei agteements (Wasbingfim County = Tigard Urban PlafliingAna Agnenitat, Ju1y 2004; and Tiganl Urfian SmriaAgnement (2002))• ' (3) A description of how the prpposed boundary change is consistent.with the comprehetisive land use plans, public faeility plans, regional framework and fuactivnai plaas, regional utbau growtb goaLs and objectives, nrban ptanning agreements aad simi}ar agreements of the.affected entity.and of aIl necessary puties; . As addtessed previously in this report, the annexatian proposal.complies with all applicable policies of the City of T'~gatd Comprehensive Plan and urhan se.riice piovidez agteements. . . (Wasbington Count~ = Tigard Ilrban P1an~ringAnaAgn~menl, July 2004; and Tigard Urban ServiaAgniment (2002)): The pmposed annezation temtory is witik the U=ban Growth Bounda=y and . . subject to the Regional Fiamework Plan and Uiban Growth Managecaent Functional Plan ptovisions. There aze no specific appficable standards oF critecia for boundary changes in the Regional Framework Flan oi the Urban Growth anaoPmPnt Functional Plat2. Howeve=, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements: By complping with the Development Code and Compzeheusive Plan, the annezatio.n is consistent with the Functional PLw and the Regional Frameworlc Plan. (4) Whether the proposed boundary change wilt result in the arithdravwdl of the affected tercitocy fram the legal boundary of any aecessary party; and . . . ne a=ea remains within Washington County but wM require the tetritoty to be withdrawn from the. boundary af the Tigud Water District, the Washington ConntyEnhanced Shetiffs Pattol - District, Washington County U=ban Roads Maintenance District, Waslzington County Street . I.ighting District #1, and the Washingtost County Vecto= Coutcol District upon camp2etion of the ' ansegati on. ~ . . (S) The ptoposed effective date of the decision. . The public heaung wM take place April 25, 2406_ If the Council adopts ftadings to apptove . ZCA2045-00005, the effective date of the annexation will be May 25, 2006. Metro Code 3.09.040 W (d) Aa approving entity's final decision on a boundary change shall include findings and conclusions addressing the foHowing criteria: . . 1. Coasistency with diiectly applicable provisions ia an urban semce provider agreement or aanexation plan adopted pursuant to ORS 195.065; . The Tigard Urban. SeniceAgreement (2002) includes the proposed aunexati on tezritory. The agreement specifies notiee requi=ements for land.use pIanning actions; the City provided notice of the proposed annexation to all applicable parties. The agreement states that the County and City will : be suppotrive of annexations to the City, and the City shall endeavor to annex the Bull Mountain area in the near to mid-texm. The annexation 12roposal is consistent with this agreement. . WIISQN RIDGE NO. 2 ANNEXATION PAGE 7 OF 9 . . . - ' • ) ; , 2.'Consistency with directly appiicable provisions of urban planning or other agreemeats, other . than agreements adopted pursuaat to ORS 195A65, tietweea the affected eatity and a necessary . Pacty.; . . . _ : The Wasbington County - Tigard Urban Plunning~4sra Agnement LW y 2004) includes the proposed annexation. territory. The Ciry-has followed all processing and notice requizunents in the UPA.A, pioviding Washington County with 45-dap notice prioi to the public heaung. The agieementatates . - that "so that aIl pmperties within .the Tigard Uiban Se,zvice Area w~l be se.tved by the City, the. County and City will be svpportive of anne.gations to ihe Citp." The City also provided notice to . .the affected CPQ (CP.04B) per the agreement'i7ie aunexation Rtogosai is consistenfwith t.his Weement . - ~ . _ . . . . 3. Consistency widt specific directly apglicable standazds or criteria for bonadaiy chaages - contaiaed in comprehensive land nse plans and public fzcility plans; . As pieviouslp stated in this repart, this pmposal meets all applicable City of T'igatd CQmprehensive _ P1an provisioas. 'This criterion is satisfied . 4. Consistency with specific directly applicable standatds or eciteria foc boundacy changes - , contained in the Regional Framewodc PLan or any fuactional plan; - This aiterion was.addtessed under 3.09.040(b). By complying with the City of Tigatd Community Developnient Code aad Comprehenside P}au, the annexation is consistent with the Functiconal P}an and the Regional Fratnework Plan_ . . . . 5. Whether the pro.posed chaage wff1 promote or not interfece witii the timely, ocdeiiy auid economic. pcovisions of pubiic facilities and services; . . The progosed affiexation wil1. not interfeie.with the ptovision of public facilities or sezvices because it is consistent with the teans. of the Tigard Urban Sen~ice Agreemcnt (2002), which ensures . the timely, orderlp, and effident e$tension of public facilities and utban services; it is adjacent to existiag city limits and services; and hsdp, urban secvices aze avatlable to.the proposed annexation teuito.ry and have not been €ound to significantly reduce existing seroice levels. 6. The tecritory lies within the Urban Growth Bouadary-, aad , The subject temtory is alzeady within Metzo's Utban Growth Boundaty. 7. Consistency with other appficable criteria for the boundary cbange in question under stafe and Iocal law. In pievious sections, this report reviewed the pioposai's consistenry with othet applicable criteria and found it to be consistent (Tigazd CDC 19390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in pLevious sections of this report, the proposed annexation. is consistent with, and meets, all applica.ble compreliensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. Theie are no specific unplementing ordinances that apply to this proposed annexation. Chapter 18 of the City Code vvill apply to development of the ptoperty. WILSON RIDGE NO. 2 ANNEXATION PAGE 8 OF 9 ZCA2005-U0005 SECTION VII. . OTHER.STAFF COMNfE1V'FS . The City. of Tigard- Police and Public Works departments have teviewed the proposal and have no objections to it 'E1iePublic Works depattment noted that water will be provided bp lines in Bull Mountain Road. . . ' . _ SECTION VIII. - AGENCY COMIvIENTS. Tua}atin V'altey Fite and Rescue has- ieviewed and endorsed this annexation proposat. Tualatm lU}s Park and Recteation District, Clean Water Services, Metro, the 'I'igatd/Tualatin Schod Distrxct, Metto Asea Communications aad the Washington County Department of Land Use and TransportatioII Were pzovided the opportunity to review this proposal and submitted no comments ar objcctions. to PREP BY: $eth t Amand . . DATE . ' r Planne,i - ' - . . (e KffVffWffD_BY- Richaid Bewezs - DATE Plammng WII.SON RIDGE NO. 2 ANNEXATION PAGE 9 OF 9 7r` e 'Anc f1l1MC Agenda Item # ~ Meeting Date June 27, 2006 COUNCIL AGENDA ITEM SUNIlVIARY City Of Tigard, Oregon Tit1e Issue/Agenda An Ordinance Amending the Tigard Municipal Code ('I'MC) Section 7.52.100 to Regulate the Use of Alcohol in Some City Parks Prepared By: Dan Plaza Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS If approved, this ordinance will ban the use of alcoholic beverages in Fanno Creek Park, Main Street Park, Liberry Park, and Commercial Park STAFF RECOMMENDATTON Adopt the ordinance. ~ KEY FACTS AND INFORMATION SUMMARY ■ The cutrent TMC permits the use of alcohol in all Tigard parks. The City has received complaints regarding alcohol consumption in the parks surrounding the downtown azea, namely Fanno Creek Park, Main Street Park, Liberty Park, and Commercial Patii. ■ Some members of the Downtown Improvement Task Force have identified alcohol consumption in downtown parks as an issue that needs to be addressed if the area is to have a"family friendly" atmosphere. ■ Under the proposed ordinance, regulated, responsible use of alcoholic beverages will continue to be permitted in City parks, with the exception of parks surrounding the downtown area. ■ The Park and Recreation Advisory Board has been notified of this ordinance. OTHER ALTERNATNES CONSIDERED The Council could choose not to adopt the ordinance. . COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None ATTACHMENT LIST Ordinance FiscALNoTEs No costs are associated with this ordinance. CITY OF TIGARD, OREGON QmeadQd TTGARD CTTY COUNCIL l --6 ORDINANCENO. 06- C~'n~ L ` 4v YcCkA-e ~-5 AN ORDINANCE AMENDING TTGARD MUNICII'AL CODE SE N 7.52.100 TO REGULATE TI-IE USE AND ABUSE OF ALCOHOL IN CTTY PARKS. VUHEREAS, the abuse of alcohol in City parks surrounding the downtown area has become a significant problem despite existing regulations; and VUHEREAS, alcoholic beverages should be prohibited in these patticular City parks; and WHEREAS, the regulated, responsible use of alcoholic beverages should continue to be permitted under certain circumstances in some City parks; and WHEREAS, the Council finds revision of the City's existing rules regarding the use of alcohol in City parks is in the public interest and necessary for the peace, health and safety of the general public. NOW, THEREFORE, THE CTl"Y OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Section 7.52.100 is amended to read as follows (Strike-through is language deleted from the code; bold language is added to the code): , fo other than Itis &wn ttse. No intexieated person shaU ffiter o -my of the paat~. ~fhe sale or dispensing of mak bev Dre than fottr pereent of alee&tol by weight, > > 7.52.100 Alcoholic Beverages in Parks (a) For purposes of this section: (1) "Alcoholic beverage" means any liquid containing any form of alcohol, including but not limited to malt and fermented beverages, whether licensed for sale in the state or not (2) "Person's own use" means for use by the person as well as use by any person attending the same social event As used in this definition, "person" means a person of legal age to possess or drink alcoholic beverages. ORDINANCE No. 06- Page 1 (b) Except as provided in this section, it is unlawful for any person to take into or possess any alcoholic beverage in a City park, other than for the person's own use. No intoxicated person shall enter or remain in any City park. The sale of beer or wine in City parks shall be allowed only pursuant to a permit issued by the City Manager on recommendation of the Police Chief, and any such sale must comply with all applicable state liquor laws and pernutxing requirements. No other alcoholic beverages may be sold in City parks. The limited use and sale of alcoholic beverages allowed by this subsection does not apply to the parks listed in Subsection 3. (c) It is unlawful to possess, control, or consume any alcoholic beverage in the following parks: Liberty Park, Main Street Park, Commercial Park and Fanno Creek Park. (d) Failing to comply with any provision of this section shall be a violation. The civil penalty for violation of this section shall not exceed $600 for the first violation, and shall not exceed $1,000 for subsequent violations within 12 months of a previous violation of this section. (e) All alcoholic beverages and alcoholic beverage containers brought into, possessed or otherwise present in a park in violation of this section are contraband and may be disposed of or retained as evidence by the City. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of )2006. Catherine Wheatley, City Recorder APPROVED: By Tigard Ciry Council this day of , 2006. Approved as to form: Cxaig Dirksen, Mayor City Attorney Date ORDINANCE No. 06- Page 2 ~ AGEllTDA ITEM No. 8 Date: June 27, 2006 PUBLIC HEARING TESTIMOrTY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) - FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 31 (SW O'MARA, EDGEWOOD STREETS) 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 s I AGENDA ITEM NO. 8 , This is a City of Tigard public meeting, subject to the State of Oregon's public meet4and records laws. .All wtitten and otal testrmony become part of the public record. Tbe names and addresses ofpersons who attend or partlcipate in City of Tigard public meetings will be included irr tfie meetirlg minvtes, which is a public record. Proponent (Speaking in Favor) Opponent (Spealdng Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: t I I*.m I I 1-AS pl iName: 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 pxesiding officer pxonounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Le s ~ nes - ~'ee Address 3$40 S w vw~ 5+ Address Address City -1" z City City State State Zip State Zip Phone No. ~z-10 -~ka 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 Ciry State Zip State Zip State Zip Phone No. Phone No. Phone No. Agenda Item # ~ Meeting Date June 27, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Finalization of Sanita Sewer Reimb ement District No. 31 SW O'Mara Ed ewood Streets Prepared By: G. Berry Dept Head Okay Tom Coffee City Mgr Okay Craig rosser ISSUE BEFORE THE COUNCIL AND KEY FACTS Finalize Sewer Reimbursement District No. 31, established to construct sanitary sewers in SW O'Mara and Edgewood Streets. • City Council established Reimbursement District No. 31 to provide sewer service to 461ots on SW O'Mara and Edgewood Streets. • Construction of the project has been completed, final costs have been determined, and the City Engineer's Report has been revised accordingly. • If City Council approves the Final Ciry Engineer's Report, the owners witlvn the district will be allowed to connect to the sewer upon payment of a reimbursement fee required by the Final Ciry Engineer's Report. STAFF RECOMMENDATION Approve, by motion, the proposed resolution finalizing Reimbursement District No. 31 as modified by the Final City Engineer's Report. KEY FACTS AND INFORMATION SUMMARY • Council approved the formation of Reimbursement District No. 31 by Resolution No. 05-18 on Maxch 8, 2005 following an informarional hearing. No public testimony was offered during the hearing. Since then, construction of the improvements has been completed and final costs have been determined. The Ciry Engineer's Report has been revised accordingly. • This Reimbursement District installed sewer service to 46 lots on SW O'Mara and Edgewood Streets. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each property owner must pay a connection fee, currently $2,635, and is responsible for disconnecting the existing septic system according to Counry rules and for any other plumbing modifications necessary to connect to the public line. The connection fee will be increased to $2,735 begiruiing July 1, 2006. The sewer connections are available should property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer. • Each owner has been notified of the hearing by mail. The notice, mailing list, and additional details are included in the Ciry Engineer's Report attached as Exhibit A to the proposed resolution. I~ • If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The project is part of the Cityvvide Sewer Extension Program established by City Council to provide sewer service to developed but unserved residential areas in the Ciry. It meets the Tigard Beyond Tomorrow Gxowth and Growth Management goal of "Growth will be managed to protect the character and livability of established areas, protect the natural environment and provide open space throughout the community." Sewer service enhances the environment and protects the health of the residents by providing for the closure of septic systems 40 to 50 years old. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map (3 pages) Attachment 2- Resolution No. 05-18 with Exhibits A, B(8 pages) Attachment 3- Vicuuty Map Attachment 4- Communication Plan Attachment 5- Notice to Owners Attachment 6- Mailing List Attachment 7- Resolutiori No. 01-46 Attachment 8- Resolution No. 03-55 FISCAL NOTES At the time of district formation, the estimated cost of construction was $710,502. Experience and testing in the project area indicated that poor soil and other subsurface conditions could reasonably be expected to substantially increase the cost of the project. To cover this additional cost, the estimate included a 15% contingency. All three project change orders were for extra work caused by subsurface conditions. Change Order No.1, $23,832, was for additional excavation required across the Senior Center parking lot. The parking lot was built on a fill uncharacteristic of the project area. Conventional shoring was inadequate to stabilize flowing sand and allow for the removal of large debris. Extra payment was allowed for the excavation of additional trench width required to install suitable shoring. Change Order No. 2, $40,233.50, protected 272 feet of City water line. The line was mislocated then damaged and repaired at contractor expense. To prevent further damage to the line and collapse of the side of the sewer trench, additional payment was allowed for the excavation and replacement of the material ovex the water line. Change Oxder No. 3, $8,400, was the repair of suspected damage to three service tees. At the deepest portion of the sewer, the only feasible method of installing the tees was likely to result in damage to the tees. Because of the depth of the sewer, the extent of damage to the tees could not be determuied. Moreover, the tees were too deep for feasible repair once the street was reconstructed. As a result, payment was allowed for the tees with cured in place pipe liners. The construction was completed at a cost of $682,118.59, 4% less than the engineer's estimate of $710,502. The total project cost, includirig the cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1) is $774,204.60. The portion of the final cost assigned to each owner is tabulated in Exhibit A of the attached proposed resolution. The cost to each owner under the Incentive Program established by Resolution 01-46 is also shown. Funding is by unrestricted sanitary sewer funds. I:\eng\2005-2008 fy dp\o'mara edgewood tlist no 31wnalizetionl8-27-06 reim dist 31 ais.doc Attachment 2 CITY OF TIGAt2D, OREGON RES4LUTION NO.OS-_9 A RESOLUTION ESTABLISHING SANITARY SEWER REIlVIBURSEMENT DISTRICT NO. 31 (SW O'MARA, EDGEVVOOD STREETS) WBEREAS, tlie City has initiated tlie Neighborliood Sewex Extension Program to extend puUlic sewers and recover costs througli Reiniburserneut Districts in accordance witli TNIC Chapter 13.09; and WHEREAS, these properiy owners bave been notified of a public hearulg in accordance with TMC 13.09.060 aud a public hearing was couducted in accordance with TMC 13.09.050; and WHEREAS, the City Eiigineer has subini.tted a report describuig i11e improvements, the area to be included in the Reimburseinent District, the esti,inated costs, a method for spreading the cost among the parcels witlun the Disiriet, and a recoirunendation for au annual fee adjustinent; and WHEREAS, the City Council has deternnined that the forination of a Reimbursexnent District as recommended Uy the City Engu2eer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1 The City Enguieer's zeport titled "Sanitary Sewer Reimbt.usement District. No. 31", attached hereto as Exhibit A, is hereby approved. SECTION 2 A Reimbursement District is hereby establislied in accordance with TMC G'hapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reunbursement District No. 31, SW O'Mara, Edgewood Streets." SECTION 3 Payment of the reimbuzsement fee as shown in Exhibit A is a precondition of xeceiving City permits applicable to developnaent of each parcel witYrin the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 Aii ann.ual fee adjustm.ent, at a rate recommended by tlie Fiulance Director, shall be ~ applied to the Reunbursement Fee. SECTTON 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County ltecorder and shall mail a copy of this resolution to all affected property owners at their last lmown address, in accordance with TMC 13.09.090. ' SECTION 6 Tlus resolution is effective umnediately upon passage. PASSED: This ctay of 45. r Mayor - City of Tigard A T: Uh,2 ity Recorder - City of Tigard ' RESOLUTION NO.OS - Page 1 Exhibit A City Engineer's Repart Sanitary Sewer Reimbursement District No. 31 (SW O'Mara and Edgewood Streets) Backaround This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the Cify of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,535, and reimburse the City for a fair share of the cost of the pubiic sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for ~ disconnecting their existing septic system according to Washingfion County rules and far any other modifications necessary to connect to the public sewer. Proiect Area - Zone of Benefit Serving the foriy-six lots in #he following table will require the extension of a sewer from an interceptor sewer along Fanno Creek north of SW O'Mara Street. The sewer will .provide service to the lots along SW O'Mara Street east of SW Chelsea Loop. The lots along SW O'Mara Street west of SW Chelsea Loop are curren#ly served by sewers constructed through Reimbursement Districts Nos, 17, 23 and 28. The proposed project would provide sewer service to a total of forty-six lots as shown on Exhibit Map B. ~ Cost The estimated cost for the sanitary sewer construction to provide service to the forty-six lots is $710,502. Engineering and inspection fees amount to $95,918 (13.5%) as defined in TMC 13.09.040(1). The estimated totai project cost is $806,420. This is the tota( estimated amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program tor early connections. ln addition to sharing the cast of the public sewer line, each property owner will be required to pay an additional $2,535 connection and inspection fee when connection to the public line is made. A!1 owners wil{ be responsible for all plumbing costs required for work done on private property. Exlubit A Page 1 of 4 Reimbursement Rate Except for the three R-12 lots between SW Chelsea Loop and SW O'Mara Street, all properties are zoned R-4.5 and vary in lot size from about thirteen thousand to about fifty eight thousand square feet, as can be seen in the following list of lots. The three R-12 lots are developed with single family houses in a character similar to the remaining lots within the proposed district. Therefore, it is recommended that the total cast of this praject be divided among the forty- six properties proportional to the square fflotage of each property. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recammended because there is na correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is ~ $0.66467755 per square foot of the lot served. Each owner's fair share would be limited to $6,000 to the extent thafi it does not exceed $15,000,.for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03-55 (attached). - . Annual Fee Adiustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreemen#. The Finance Director has set the annual interest ~ rate at 6.05% as sfiated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue fqr fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.190(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Su~nittebru~ry~2, 200 f C.l k,1~a Ag in P. Duenas, P.E. City ngineer tknB~Br~relmhumemaM dWcls197 o'mara edgewooo)tortnailonl3•0&0.5 relm d45t 37 repnrl app a.tloc . Ex.hibit A Page 2 of 4 O'MARA ST & EDGEWOOD ST Reimbursement District No. 31 Estimated Cos( lo Property Owners ~~ovember 17, 20D4 ESTIMATED QWNER S1TE ADDRESS TAX LOT ID AREA (S.F.) AREA (AC) COST TO PAID BY PAID BY PROPERTY OWNER CITY OWNER 1 ABBOTT 7ERRY A& LAURIE J 8995 SW EDGEWOOD ST 2S102pC00509 24689.30088 0.567 $16,490 $7,410 $9,000 2 BAILEY LAWRENCE E II & ROSELLA K 9365 SW EDGEWOOD ST 2S102DC00701 20056.49887 0.460 $13,339 $6,000 $7,331 3 BLICK CARL J& DONA JEAN 8740 SW O'MARA 5T 2S102DD01500 20175.60963 0.463 $13,410 $6,000 $7,410 4 BOTHWELC ANNE M 9265 SW EDGEWOOD ST 2S102DC00400 15637.36644 0.359 $10,394 $8,000 $4,394 5 CI.ARK PAUL E 8 BETTY J 9160 SW EDGEWOOD ST 25102DC61603 33997.99912 0.780 $22,597 $13,597 $9,000 6 CROSSWHITE QAVID E& JANICE A 8655 SW EDGEWOOD 5T 2S102DC00900 50911.32084 1.169 $33,840 $24,840 $9,00D 7 DEMMIN DWAYNE W 8 ANGELA L 5930 SW O'MARA ST 2S102DC00600 13625.66136 0.313 $9,057 $6,000 $3,057 e DUFFIELD EDWARD & SUSAN D 8895 SW EDGEWQOD S7 2S102DC01200 16986.11959 0.372 $10,759 $6,000 $4,759 9 GEDNEY FRAYNIE M TRUSTEE 9270 SW EQGEWOOD 5T 2S102DC0180o 5D411.28438 1.157 $33,507 $24,507 $9,000 WITC05KY, TAMMY for Gedney mail: 9400 5W Panorama Place Portland, OR 97225 10 GEOFFROY DOUGLAS B 9325 SW EDGEWOOD ST 2S102DC00200 24743.33031 0,568 $18,446 $7,446 $9,000 11 GETSINGER EVELYN M FAMILY 7RUST 9400 SW EDCEWOOD 57 25102DC02001 35250.63218 0.809 $23,430 $94,430 $8,000 12 GILCHRIST EARL 8 J NONA 9100 SW EDGEWOOD ST 2S102DC01601 58928.39634 1.307 $37,839 $28,839 $9,000 13 GOETZ HOWARD V& NANCY K' 8935 SW EDGEWOOD ST 2S102DCA1900 18293.89408 0.420 $12,160 $6,000 $6,160 14 GUERRANT ORVILLE D 9510 SW EDGEWOOD ST 2S102CD02200 46701.73554 1.072 $31,042 $22,042 $9,000 15 HARRIS RICKG 8930SW EDGEWOODST 2S902DCA1305 16305.66235 0.374 $10,838 $6,000 $4,838 16 HAWKINS JEFFEftY S 8900 SW 0'MARA ST 2S102DC0070D 13645.65324 0,313 $9,070 $6,000 $3,070 17 HOLLAND RONALD P& MARY L 8650 SW EDGEWO00 ST 2S102DD01603 20908.18295 0.462 $13,386 $6,000 $7,366 18 HOLSTEIN MARVIN R& LORETTA R TRS 8710 SW 0'MARA ST 2S102DlD01400 23691.77358 0,544 $15,747 $8,747 $9,000 19 HURLBUTT WILLIAM M 8 CHftISTINE 8990 SW EDGEWOOD ST 2S102DC01400 57718.68462 1,325 $38,384 $29,364 $9,000 20 JEM1JSEN DAVID l AND LOIS C 8840 SW EDGEWOOD S7 2S102DD01601 21395.25091 0,491 $14,221 $6,000 $9,229 21 JOHNSON CLARENCE DEAN 9440 SW EDGEWOOD ST 2S102CDD2300 54799.29848 1,258 $36,424 $27,424 $9,000 ' 22 KANDZIORA GABRIELA 8360 SW EDGEWOQD ST 2S102DC02000 43470.80722 0,998 $28,894 $19,894 $9,000 23 KING SCOTT G& ELIZABETH A 9235 SW EDGEWOOD ST 2S102DC00403 26879.06574 0,617 $17,866 $8,866 $9,000 24 KRAEMER JULIA A& MARK W 13545 SW HALL BLVD 2S102DQ07300 31045.22429 0,713 $20,635 $11,635 $9,000 25 LAILY DONALD P& BRENDA J 8870 SW O'MARA ST 2S102DC00800 13625.64321 0.313 $9,057 $6,000 $3,057 26 LARSEN pAUL ANDREW 8115 SW EDGEWOOD ST 2S1 Q2DC00510 23540.26543 6,540 $15,847 $6,647 $9,000 27 LARVIK KENNETH E 9155 SW EDGFA+OOD ST 2S102DC00507 23472.75149 0.539 $15,602 $6,802 $9,000 28 LASNIEWSKI WlLLIAM L 8860 SW EOGEW000 ST 2S1D2DD09604 20954.66421 0.481 $13,928 $6,000 $7,928 29 MADSEN JUDITH L 9515 SW EDGEWOOD ST 25102CD01100 74809.53089 0.342 E9,910 $6,000 $3,870 30 MCANDREWJOHNW&ANGELALI 88305W0'MARAST 2S102DD01501 28545.5965 0.655 $18,974 $9,874 $9,00D 31 MfTCHELL CARI. R 9435 SW EDGEWOOD ST 25102CD04600 20544.81871 0.472 $13,856 $6,OD0 $7,556 32 MUTSCFiLER DAVID K 9465 SW ELlGEW00D ST 2S102CD01000 12594.65596 0.289 $8,371 $6,000 $2,371 33 OTT GARETH 8 S ANNE 9055 SW EDGEWOOD ST 2S102DC00509 23669.8938 0.543 $15,733 $8,733 $9,000 34 OTTING LO1S E 8885 SW O'MARA ST 2S102DB00603 15009.32759 0.344 $9.971 $6,000 $3,877 35 PALMER MARCIA R 9070 SW EDGEWOOD ST 2S102DC01501 22918,17354 0.526 $15,233 $8,233 $9,000 36 RUSSELL NOi2MAN L 8857 SW EDGEWOOO ST 2S102DC01000 33464.58903 0.768 $22,243 $13,243 $8,000 37 SA98E REMI & APRIL 9175 SW EDGEWOOD ST 2S102DC00505 23454.92307 0.538 $15,590 $6,590 $9,400 38 SIMMONS CRAIG & JOELLE 93D0 SW EDGEWOOD ST 2S102DC61900 47056.57049 0,943 $27,289 $18,289 $9,000 39 STE(NBICHLER GEORGE 8855 SW O'MARA ST 2S102pB00601 14876.85707 0.342 $9,888 $6.000 $31888 40 SULLIVAN RICHARD A& SUZANNE P 9085 SW EDGEWOOD ST 2S102DC00507 23606.74177 0.542 $15,691 $8,691 $9,000 41 TENY GEORGE & JENNA 9200 SW EDGEWQOD S7 2S102DC01700 31528.07019 0.724 $20,958 $11,956 $9,000 42 TOKUDA KAZUHIDE 8870 SW EDGEWOOD ST 2S102DD01602 18280.24651 0.420 $12,150 $B,ODD $8,150 43 UNDERHIU. MARK R 8960 SW EDGEWOOD ST 2S1020C01401 15021.67692 0.345 $9,885 $6,000 $3,385 44 WACHSMUTH LOUlS J 9205 5W EDGEWOOD ST 2S102DC00404 1544288997 0.355 $10,265 $6,000 $4,265 45 WILSON JOHN G& JODY K 8965 SW EDGEWOOD ST 2S1021DC00504 24761,79528 0.568 $16,459 $7,459 $8,000 48 ZINDATODp 8915SW0'MARAST 2S102D800602 15309.18854 0.351 $10,176 $6,000 $4,176 ( Totafs 1213250 27,85 $8D6,420 $473,458 $332,962 PROJECT TO7AL (Cost to Owners + Cost to City) $806,420 Exhlbit A Page 3 oi 4 Q'MARA ST & EDGEWOOD ST Reimbursement District No. 31 Estimated Cost to Property Owners Summary Novamber 17. 2004 Estimated Construction Cost $617 828 15% corlltngency (constructlon) $92,674 Estimated cOnstruclion subtotal $770 502 18 5% coniingency (Admin & Eng) $95,918 - total project costs $806,420 total area io be served (S F} 1,213,250 total cost per S.F. to property owner $0.66467755 ~ f Exhibit A paga 4 of 4 i Q.; b Z 9sys'~os spo :r- - Z:2- - Q 2SI02DC02200 GUERRANT ORl9LLE D ~ ~ 9510 EDGEWOOD ST + 0 . . R4.5 s, r _Q ~ cD ~ as ro ~ 9~`esTS °20 ti ~'o D o ~ 2sr02oc02so0 JOHNSON CLARENCE DEA/J S'r D (p 9440 EDGEWOOD 5T z Q R4.5 7C) LnryN p D ..;Up CD rpr°~ Cr ~ cil :lE'` o ~ m 251020C02001 0 ~ ti Q ~ Ro GE']"SlNGER EVELYN M Z m 9400 EDGfV✓o00 ST R4.5 ~ m N CD 3 2s102ocoo101 (D 2Sf 02DC02000 BAlLEY LAWRENCE - J :3 KANDZIORA GABRlELA 9355 EDGEWOOD ST + 9360 EDGEWOOD ST m R4.5 m "EJ R4.5 0 ~ ~ 25l02DC00200 ~ 00 ~ GEOFFROY DOUGLAS B ~ ~ D X ~ 9325 EDGEWOOD ST Ra.s ~ K: = zsIozocorsoo 0 ~ \ rrt y SIMMONS STEVEN Q 2S102DC00404 +V Z,. ~ 9300 EDGEWOOD S7 0 wACHSMUTN LDUlS L~ Z~ R4.5 9285 EDGEI'YDOD ST nt ci ~ R4.5 ;q~~4 ~ ti0 0 ~ c,f ci m O -ri (n M- O Z j 2SI020C01800 > GEDNEY FRAYN/E M 7RUS7FE 9270 EDGEWOOD ST `r O R4.5 Z V) „ N m , 2srozDC01700 m TENY GEORGE 2S102DC00505 Z 9200 EDGEWOOD ST SABBE REM! N~ R4.5 9175 EDGEWOOD ST ~ R4.5 ~ Z7 ~ 25102DC01603 251020C00507 CLARK _ PAUL LARVlK KENNETN ? 9160 EDGEWOOD ST 9155 FpG£WOOD ST R4.5 R4:5 . ~ ~ 2S1020C00510 2S102DC01601 LAR50N PAUL GlLCNR1ST EARL 9115 EDGEWOOD S7 3100 EDGEWOOD ST R4.5 R4.5 2S102DC00501 SULUVAN RICNARD 9085 EDGEWOOD ST R4.5 A SEE EXH181T 8 (P2) 0'MARA, MCDONALD SANITARY SEWER IMPROVEMENTS REiMBURSEMENT DISTRICT #31 A PO:RTION OF THE SW 1/4 OF SECTION 2 T2S R1 W W.M. ~ SEE EXH161T B (P3) ' N ~ I F- ; ~ V) 2S102DD01602 2SJ020COJ000 TOKUDA KAZUNlDF RUSSELL NORMAN L ~ 8870 EDGEWDOD ST I o 4~i o o~ o o~~9 8857 £DGEWOOD ST R4.5 R4.5 0 O I N~p~ N~Q~ NpOcc ~ ` ~~41 OmW O~L~ 2S102DC01100 2S102DC01200 W I ~ N~ o N Q~ N~~ GOETI HOVYARD DUFf7ELD EDWARD i r-- 8935 EDGEWOOD ST 8895 EDGEWOOD ST Q EL R4.5 R4.5 W m m EDGEWOOD S I = v :z 0 2S1020C01305 >G o ~ ,O HARRIS R/CK I W ~ v~~u d: 8930 EDGEWDOD ST ~y ~ R4.5 w LLJ ~Q°o o¢v~ N ~ W ' (n wu' v 1 `4`+wo~ Na~ NmP~ ! ~ N~m I ~ i , I ~ ~ NOTE: EXHIBIT B (p2) ~ All properties in the reimbursement NTS I district are zoned R4.5 & R12 i 0'MARA, MCDONALD SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #31 A PORTION OF THE SW 1/4 OF SECTION 2 T2S R 1 W W.M. ~ ~ N w ~ F` M ~ o ti ~~QN mC9~^ ~~QN Zy o ~ gSy oe~ c~yO~ N°~ ~nmh p~gv pU~~t 6~m N~ro N ~ ~EI)o N O N Y'n zZ co ~ ~ 0~~+ly O~ Og~ 02~ • 2s102Dflo1601 QOg~ JFNSEN DAVID N Z O~ ~v Z o~ N>. o~ 8840 ED6EWOOD ST R4.5 ~a ~ 251020D01603 1-IOLLAND RONALD ' 8850 EDGElNOOD ST 2S102DC00900 R4.5 ! CROSSVYHITE DAVlD . 8855 EDGEWOOD ST 2S102D001604 R4.5 LASN/fWSK! W/LLIAM 8860 EOGEVYDDD ST R4.5 --v . " SEE EXHIBIT B (P2) : NOTE: EXHIBIT B ~p3) ~ All properties in the reimbursement NTS district are zoned R4.5 & R12 0'MARA ST & EDGEWOOD ST FY 2004-05 SANITARY SEWER EXTENSTION PROGRAM REIMBURSEMENT DISTRICT #31 A PORTION OF THE SW 1/4 OF SECTION 2 T2S R1 W W.M. C~ A N ~ - W 9 O _ ~ 0'MARA ST ~ HILL C.) G~ 0'MARA ST. ~ ~ P tp~ W C W EDGEWOOD ST ~ ~ ~ ~ ~ ~ ~ w o VICINITY MAP NTS Attachment 4 Communications Plan SW O'Mara, Edgewood Streets Sanitary Sewer Extension Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 31. Timeline: FY 04-05 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item Descri tion Res onsibili 1/25/05 Neighborhood Meeting Mail Meeting Notice to property owners Administrative Notice S ecialists Meet with property owners to explain Engr. Manager 2/9/05 Neighborhood Meeting procedure and to review estimated costs Project Engr. and construction schedule. 2/18/05 Hearing Notice Mail Notice of formation of Reimbursement Administrative District to Pro ertOwners S ecialists 3/8/05 Formation Hearing City Council reviews and forms proposed Project Engr. Sanita Sewer District 3/9/05 Notice of Decision Mail Notice of Decision to property owners Administrative within District S ecialists 3/10/05 Advertisement Submit advertisement for bids to DJC and Administrative TT S ecialists Engr. Manager 3/24/05 Bid Opening Opening of Bids at public bid opening. Administrative S ecialist 4/12/05 Award Bid Send NOA and contract documents to Administrative lowest bidder S ecialists 4/22/05 Pre-Construction Meet with contractor to reveiw project Construction Meetin re uirements Ins ector 5/2/05 Notice to Proceed Authorize low bidder to begin work. Administrative S ecialists Plan needs to be approved by construction Construction 5/2/05 Traffic Control Plan inspector and project manager Inspector En r. Mana er Throughout Lateral Locations Confirm location of laterals with property Construction construction owners Ins ector Throughout Hang Construction Notice on doorknobs of Construction construction Construction Notice property owners impacted by project Inspector Contractor Throughout Inspector is available to receive and Construction construction Construction Inspection res ond to com laints Ins ector Notice to property Mail hearing notice, resolution, property Project Engr. 7/11/05 owners of Assessment owner cost to each property owner. Administrative Hearin with CC S ecialists Mail resolution with attachments to each Engr. Manager 7/26/05 Notice of Assessment property owner Administrative S ecialists Prepared by: Approved by: I:\eng\prepVelmbursement dsMcts\31 o'mara edgevroodVortnation\3-08-OS commurdcatlons ptan.tloc Attachment 5 June 12, 2006 NOTICE of PUBLIC HEARING Tuesday, June 27, 2006 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on June 27, 2006 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 31 (SW O'Mara, Edgewood Streets). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 31 formed to install sewers in SW O'Mara and Edgewood Streets. Each property owner's recommended fair share of the public sewer line is $0.638124 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01- 46. I:\enp\2005-2008 fy dp\o'ma'a eCpewootl Clst no 31\finalizeUon\8-27-06 relm dIs131 notlce 3.EOc Attachment 6 O'MARA EDGEWOOD - DISTRICT NO. 31 OWNERS MAILING ADDRESS OWNER OWNERS MAILING ADDRESS - 1 ABBOTT TERRY A& LAURIE J 8995 SW EDGEWOOD ST TIGARD OR 97223 2 BAILEY LAWRENCE E II/ROSELLA K 9355 SW EDGEWOOD ST TIGARD OR 97223 3 BEDOLLA KAREN R 8915 SW O'MARA ST TIGARD OR 97223 4 BLICK CARL J DONA JEAN 8740 SW O'MARA TIGARD OR 97223 5 BOTHWELL ANNE M 9265 SW EDGEWOOD ST TIGARD OR 97223 6 CLARK PAUL E BETTY J 9160 SW EDGEWOOD TIGARD OR 97223 7 DEMMIN DWAYNE W& ANGELA L 8930 SW OMARA ST TIGARD OR 97223 8 DUFFIELD EDWARD D SUSAN 8895 SW EDGEWOOD TIGARD OR 97223 9 GEDNEY FRAYNIE M TRUSTEE 9270 SW EDGEWOOD ST TIGARD OR 97225 10 WITCOSKY, TAMMY FOR GEDNEY 9400 SW PANORAMA PL PORTLAND OR 97225 11 GEOFFROY DOUGLAS B 9325 SW EDGEWOOD TIGARD OR 97223 12 GETSINGER EVELYN M FAMILY TRUST 9400 SW EDGEWOOD TIGARD OR 97223 13 GILCHRIST EARL J NONA 9100 SW EDGEWOOD ST TIGARD OR 97223 14 GOETZ HOWARD V AND NANCY K 8935 SW EDGEWOOD ST TIGARD OR 97223 15 GUERRANT ORVILLE D PO BOX 230297 TIGARD OR 97281 16 HARRIS RICK G 8930 SW EDGEWOOD ST TIGARD OR 97223 17 HAWKINS JEFFERY S 8900 SW OMARA TIGARD OR 97223 18 HOLLAND RONALD P MARY L 8850 SW EDGEWOOD TIGARD OR 97223 19 HOLSTEIN MARVIN R/LORETTA R TRS 8710 SW OMARA TIGARD OR 97223 20 HURLBUTT WILLIAM M& CHRISTINE 8990 SW EDGEWOOD ST TIGARD OR 97223 21 JENSEN DAVID L AND LOIS C 8840 SW EDGEWOOD TIGARD OR 97223 22 JOHNSON CLARENCE DEAN 9440 SW EDGEWOOD ST TIGARD OR 97223 23 KANDZIORA GABRIELA PO BOX 231195 PORTLAND OR 97281 24 KING SCOTT G& ELIZABETH A 9235 SW EDGEWOOD ST TIGARD OR 97223 25 KRAEMER JULIA A& MARK W PO BOX 80665 PORTLAND OR 97280 26 LALLY DONALD P& BRENDA J 8870 SW O'MARA ST TIGARD OR 97223 27 LARSEN PAUL ANDREW AND 9115 SW EDGEWOOD TIGARD OR 97224 28 LARVIK KENNETH E 9155 SW EDGEWOOD ST TIGARD OR 97223 29 LASNIEWSKI WILLIAM L AND 8860 SW EDGEWOOD TIGARD OR 97223 30 MACLEAN DANIEL M 8855 SW EDGEWOOD ST TIGARD OR 97223 31 MADSEN JUDITH L 11790 SW TIMBERLINE DR BEAVERTON OR 97008 32 MCANDREW JOHN W& ANGELA D 8830 SW OMARA ST TIGARD OR 97223 33 MITCHELL CARL R 9435 SW EDGEWOOD ST TIGARD OR 97223 34 MUTSCHLER DAVID K 9465 SW EDGEWOOD ST TIGARD OR 97223 35 OTT GARETH S ANNE 9055 SW EDGEWOOD TIGARD OR 97223 36 OTTING LOIS E 8885 SW O'MARA ST TIGARD OR 97223 37 PALMER MARCIA R 9070 SW EDGEWOOD ST TIGARD OR 97223 38 RUSSELL NORMAN L 8857 SW EDGEWOOD ST TIGARD OR 97223 39 SABBE REMI & APRIL 9175 SW EDGEWOOD ST TIGARD OR 97223 40 SIMMONS STEVEN CRAIG 16308 SW CROMWELL CT TIGARD OR 97223 41 STEINBICHLER GEORGE 8855 SW OMARA ST TIGARD OR 97223 42 SULLIVAN RICHARD A& SUZANNE P 9085 SW EDGEWOOD TIGARD OR 97224 43 TENY GEORGE & JENNA 9200 SW EDGEWOOD ST TIGARD OR 97223 44 TOKUDA KAZUHIDE 8870 SW EDGEWOOD ST TIGARD OR 97223 45 UNDERHILL MARK R 8960 SW EDGEWOOD TIGARD OR 97223 46 WACHSMUTH LOUIS J 9285 SW EDGEWOOD TIGARD OR 97223 47 WILSON JOHN G& JODY K 12995 SW PACIFIC HWY TIGARD OR 97223 Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO.Ol- 4AP A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Progiam to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The prograrn was offered for a two-yeaz period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the Ciry Council extended The Neighbvrhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be pmvided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Conncil that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incantive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Prograni. This uicentivc prograni shall apply to scwcr conncctions providcd through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee deternuned in accordance with Section 13.09.040 does nof exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installarion and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 -4.0 Page 1 . sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Kesidential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be detennined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connecrion. EFFECTIVE DATE: July 10, 2001 PASSED: This ~ v- day of 2001. ayor 4io ard ATTEST: ' Recorder - City of ' ard !:\Citywide\ReMesolution Revising the Neighborhood Sewer incentive Program RESOLUTION NO.OI-_4t! Page 2 TABLE 1 Reimbursement Dlstricts wlth Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STMIYNo.9 4,506 No reimbursement available MILLVIEW ST N0.11 8,000 July 11, 2003 106T" & JOHNSON No.12 5,598 No reimbursement available 100T" 8 INEZ No.13 8.000 July 11,2003 WALNUT 8 TIEDEMAN No.14 8,000 July 11,2003 BEVELAND8HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARANo.77 ~ 8.000 July11,2003 WALNUT & 121' No.1B - Amount to be reimburoed will be Throo years from service availability . ROSE VISTA No.20 detertnined once final costs are determined. ' Currentiy being constructed Attachment 8 CITY OF TIGARD, OREGON RESOLUTION NO. 03-_55 A RESOI,UTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.Ol - 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use pernut. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement disfict shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which defened payment is requested must enter into an agreement with the City, on a forrn prepared by the City Engineer, acknowledging the RESOLUTION NO. 03-,~5 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be deternuned by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement Distxict Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any defened payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of 2¢rx-- 2003. Craig E. Dirksen, Council President ATTEST: . „1 City Recorder - City of Tigard I1enpVrep4eimWrsemeM OlslrictsheWSbns res 07-48 aup 20 03bq U 03 wunah1014-03 ad0itlon to tes 1-46 res.tloc RESOLUTION NO. 03- Page 2