City Council Packet - 09/26/2006
CITY ~~l
OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
September 26, 2006
COUNCIL MEETING WILL BE TELEVISED
I:\Ofs\Donna's\Ccpkt3
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
F RD CITY COUNCIL, LOCAL '14
CT REVIEW BOARD AND CITY M ' R DEVELOPMENT AGENCY MEETING tember 26, 2006 6:30 p.m.
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no
sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen
Communication items are asked to be two minutes or less. Longer matters can be set for a future
Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15
p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after
7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled
for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171,
ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much
lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the
meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
SEE ATTACHED AGENDA
TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND
LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 1
AGENDA
TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND
CITY CENTER DEVELOPMENT AGENCY MEETING
SEPTEMBER 26, 2006
TIGARD CITY COUNCIL MEETING
0:30 PM
• STUDY SESSION
> DISCUSS CITYWIDE EMPLOYEE SURVEY
> DISCUSS POTENTIAL JAYWALKING ORDINANCE
> REVIEW THE SYSTEM DESIGN REPORT FROM NEW WORLD AUDIO
VIDEO AND PROVIDE STAFF WITH DIRECTION
• 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.
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETINGS
7:301'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
7:35 PM
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Tigard Area Chamber of Commerce Representative Ralph Hughes
• Follow-up to Previous Citizen Communication
TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND
LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 2
7:45 PM
3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one
motion without separate discussion. Anyone may request that an item be removed by motion
for discussion and separate action. Motion to:
3.1 Approve City Council Minutes: September 12, 2006
3.2 Endorse Submittal of Two Communi Development Block Grant Project
Applications - Resolution No. 06- 57
3.3 Approve a Cost-of-Living Adjustment for Management/Supervisory/Confidential
Group Employees Effective October 1, 2006, and Amendment of the Salary Plan -
Resolution No. 06--:0
3.4 Approve Municipal Court Judge's Personal Services Agreement - Resolution No. 06-
GO
3.5 Local Contract Review Board
a. Award Contract for Water Quality Analysis Services to Alexin Analytical
Laboratories and Authorize Staff to Take the Necessary Steps to Complete and
Execute the Contract
b. Approve the Intergovernmental Agreement (IGA) for the Development of
Fanno and Summer Creek Wetland Mitigation Sites Between the City of
Tigard, Tri-County Metropolitan Transportation District (TriMet), and Clean
Water Services (CWS), and Authorize the City Manager to Sign the IGA
C. Approve Amendment to the 2006/07 Pavement Major Maintenance Program
- Phase 1 Contract with Morse Brothers, Inc., to Add Projects
• Con rentAgenda - ItemRemoved for Sebarate Discussion: Any item requested to be removed from
the Consent Agenda for separate discussion =/I be considered immediately after the Council has voted
on those items wbicb do not need discussion.
7:50 PM
4. EMPLOYEE RECOGNITION: TIGARD POLICE PUBLIC INFORMATION AND
CRIME PREVENTION OFFICER JIM WOLF
a. Staff Report: Police Department
b. Council Comments
7:55 PM
5. CONSIDER A RESOLUTION IN SUPPORT OF THE WASHINGTON COUNTY
COOPERATIVE LIBRARY SERVICES - LIBRARY OPERATIONAL LEVY
a. Staff Report: Library Staff
b. Council Discussion
C. Council Consideration: Resolution No. 06-_A~ I
TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND
LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 3
8:00 PM
6. PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER THE ANNEXATION OF
THE CACH CREEK AREA (ZCA 2006-00002)
PROPOSAL: The applicant is requesting annexation of-eleven (11) parcels and the Sunrise
Lane right-of-way containing a total of 40.93 acres into the City of Tigard. LOCATION:
Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road,
mcludinn right-of-way on SW Sunrise Lane; Washington County Tax Assessor's Map No.
CT 2 105DB, Tax Lots 6100, 6200 & 400; WCTM 2S108AB, Tax Lots 1200 & 1201;
WCTM 2S105DC, Tax Lots 100, 201,300&400; and WCTM 2S105DD, Tax Lots 200 &
300. CURRENT ZONING DESIGNATION: R-6 District (Residential 6 Units Per
Acre . The purpose of the Washington County R-6 District is to implement the policies of
the Comprehensive Plan for areas designated for residential development at no more than
six (6) units per acre and no less than five (5) units per acre, except as specified by Section
300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more
flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY
ZONING DESIGNATION: R-7: Medium-Density Residential District. The City of
Tigard R-7 zoning district is designed to accommodate attached single-family homes,
detached single-famil homes with or without accessory residential units, at a minimum lot
size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile
home parks and subdivisions are also permitted outright. Some civic and institutional uses
are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS Chapter
222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community
Development Code Chapters 18.320 and 18.390.
a. Open Public Hearing - Mayor
b. Statement by City Attorney Regarding Procedure
C. Declarations or Challenges
Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits?
Have all members familiarized themselves with the application?
Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the
participation of any member of the Council?
d. Staff Report: Community Development Staff
e. Public Testimony
- Proponents
Opponents
Rebuttal/Final argument by applicant
f. Staff Recommendation
g. Close Public Hearing
h. Council Discussion and Consideration: Ordinance No. 06- 1 :5'
9:00 PM
7. COUNCIL LIAISON REPORTS
TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND
LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 4
8. NON AGENDA ITEMS
9. 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.
10. ADJOURNMENT (The Tigard City Center Development Agency Meeting follows.)
CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING
9:10
1. CALL TO ORDER AND ROLL CALL
2. CONSIDER A RESOLUTION ADOPTING THE TIGARD DOWNTOWN
STREETSCAPE DESIGN PLAN
a. Staff Report: Community Development Department
b. CCDA Discussion
c. CCDA Consideration: CCDA Resolution No. 06- o
3. ADJOURNMENT
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TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND
LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 5
f l1~
Agenda Item No. '4
For Agenda of /D D4. pt~ , 6
Tigard City Council Meeting Minutes
Date: September 26, 2006
Time: 7:34 p.m.
Place: Tigard City Hall, 13125 SW Hall Boulevard
Tigard, Oregon
Attending: Mayor Craig Dirksen Presiding
Councilor Sally Harding
Councilor Sydney Sherwood
Councilor Nick Wilson
Councilor Tom Woodruff
Agenda Item Discussion & Comments Action Items (follow
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Executive Session At 6:30 p.m. An Executive Session was held to
consult with legal counsel regarding litigation likely
to be filed under ORS 192.660 (2) (h).
Study Session At 7:00 p.m. the Study Session resumed. The Town
Hall Audio /Visual System Design discussion was
postponed until the October 24 Council study
session.
City Manager Prosser gave Councilors a copy of a
letter from Kristin Preston who was planning to
testify about the 79`h Avenue Local Improvement
District.
Human Resources Director Zodrow asked Council
what their objectives were for the Employee Survey.
She gave Council members a memo with a few
questions to facilitate discussion of the employee
survey.
Councilor Woodruff said that as a member of the
governing board of this organization it was
important to him to gauge employee satisfaction. He
wants to hear directly what employees like as well as
what their concerns are, and any suggestions they
have to make things more productive. He said the
staff has a lot of important opinions that he would
Tigard City Council Minutes - September 26, 2006 1
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Agenda Item Discussion & Comments Action Items (follow
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like to see codified in some way.
Councilor Harding said she concurred. She
suggested that employees may be more comfortable
completing an anonymous online survey. She said it
would be useful to know if we have a morale
problem relative to other cities.
Councilor Wilson said there was a potential to worry
more about pleasing employees than pleasing
constituents, which is where he felt the focus
should be.
Councilor Woodruff said surveys can tell a lot about
communication and whether or not employees are
getting the information they need to do the best job.
He said most organizations survey employees
periodically to gauge how things are going.
Councilor Wilson said the difference between the
City and a private company is that any information
gathered would be public, and has potential to be
used in a political way.
Mayor Dirksen said a survey is a good idea and
would help Council gain insights into policies or
processes that need to be changed. He said it might
be useful to City Manager Prosser as there may be
issues that he is unaware of or that are bigger issues
than previously known. He said it is to be expected
that some individuals will use it as an opportunity to
vent. But he said there was a big difference in one or
two individuals mentioning something and seventy-
five individuals bringing it up.
Councilor Sherwood suggested using a balance
between multiple choice (rating) and essay type
questions.
Human Resources Director Zodrow asked the
Council what their plans were as far as who would
design and administer the survey. Councilor
Sherwood asked if Councilor Woodruff and Human
Resources Director Zodrow would be willing to
work together on the survey. They agreed to do
this.
Tigard City Council Minutes - September 26, 2006 2
Agenda Item Discussion & Comments Action Items (follow
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City Manager Prosser said the League of Oregon
Cities is sponsoring City Hall Day on October 19,
2006, from 7-9 p.m. at Town Hall and will include
King City Council. He asked Council for format
suggestions.
Mayor Dirksen suggested giving candidates a choice
of which topics they want to address. City Manager
Prosser asked if Council wanted a facilitator at the
meeting. They indicated they did. Councilor
Woodruff, Mayor Dirksen and Councilor Sherwood
said they will attend. Council Harding will possibly
attend; Councilor Wilson cannot.
Tri-Met Commuter Rail Station Groundbreaking is
on October 25, 2006 from 10:30-11:00 a.m.
The October 31 Fifth Tuesday meeting is cancelled.
There will be a dedication for the Alphabet Chair at
the Library on Saturday, October 7, 2006, at 1:00
p.m. Mayor Dirksen said he would attend.
Councilor Sherwood asked if there could be a
resolution for the public safety levy put on the
agenda. Mayor Dirksen agreed and asked if anyone
was opposed to the idea of putting it on a future
Council agenda. City Manager Prosser said there was
room on the October 10, 2006 agenda.
Business Meeting 1.1 Mayor Dirksen called the City Council and the
Local Contract Review Board to Order at 7:34
p.m.
1.2 Council Present: Mayor Dirksen, Councilors
Harding, Sherwood, Wilson, and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
Tigard City Council Minutes - September 26, 2006 3
Agenda Item Discussion & Comments Action Items (follow
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2. Citizen Kristin Preston, 14955 SW 79h, Tigard, OR
Communication 97224, submitted a copy of a letter to the Council,
dated September 26, 2006. She noted that Council
had expressed the hope that her neighborhood
would stay organized after their Local
Improvement District had concluded. She said
they are still very interested, as their street is
rapidly being developed. They are in
communication with the City's Engineering
Department but they want their priorities noted in
a public forum.
• They do not want bike lanes on 79t'
Avenue. She understands that Council
feels their hands are tied by the 2002
Transportation System Plan. When that
group is reconvened, they request that their
neighborhood be represented to review
those issues.
• They continue to oppose planter strips.
• They want to see traffic calming methods
used on SW 79 h Avenue. There don't
seem to be any planned.
City Manager Prosser said he would pass along
her letter and would be interested in hearing from
staff on these issues.
John Frewing, 7110 SW Lola Lane, Tigard, OR,
said he raised the issue at the August Fifth
Tuesday Meeting of the timeliness and amount of
change in the Parks SDC fees. He hasn't heard
from staff yet and would appreciate hearing from
them. He said his problem is that the City is
always behind in property valuation for Parks SDC
fees and is not getting the right amount of money.
He said the entire expense of the City Council
could be covered with the amount of money
collected by making timely forecasting changes.
City Manager Prosser noted that it would not
cover the cost of City Council or any operating
cost because that is prohibited by state law.
Tigard City Council Minutes - September 26, 2006 4
Agenda Item Discussion & Comments Action Items (follow
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City Manager Prosser said he did not think the law
allowed for prospective forecasts of land value but
he will check on that.
Mr. Frewing also noted that the City approved a
development permit because of their failure to take
final action before 120 days after completion of an
application. He said Tigard Code timelines don't
allow much time. His concern is that there should
be, in every case, time allowed for a potential
appeal. He asked that there be a directive to the
Planning staff that when they are not able to
satisfy the 120 day limit because of lack of
information from the applicant, for example, they
ask for enough time so the City's final decision
can be made after an appeal and still fall within the
approved time. Mayor Dirksen suggested that
Council consider what Mr. Frewing said and if
anyone feels it is a concern they could bring it up
for a future agenda discussion.
3. CONSENT Mayor Dirksen read the consent agenda and asked Motion by Councilor
AGENDA if any Councilors wanted to remove any items. He Wilson, seconded by
noted an earlier request to remove Consent Agenda Councilor Sherwood, to
Item No. 3.3 - Approve COLA. for Management/ approve the Consent
Supervisory/ Confidential Employees - for Agenda with the removal
independent discussion. of Item 3.3.
The motion was approved
3.1 Approve City Council Minutes: September by unanimous vote of
12, 2006 Council present.
3.2 Endorse Submittal of Two Community Mayor Dirksen Yes
Development Block Grant Project Councilor Harding Yes
Applications - Resolution No. 06-5$. Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
3.4 Approve Municipal Court Judge's Personal
Services Agreement - Resolution No. 06-60.
3.5 Local Contract Review Board
a. Award Contract for Water Quality Analysis
Services to Alexin Analytical Laboratories
and Authorize Staff to Take the Necessary
Steps to Complete and Execute the
Contract
Tigard City Council Minutes - September 26, 2006 5
Agenda Item Discussion & Comments Action Items (follow
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b. Approve the Intergovernmental Agreement
(IGA) for the Development of Fanno and
Summer Creek Wetland Mitigation Sites
Between the City of Tigard, Tri-County
Metropolitan Transportation District
(TriMet), and Clean Water Services (CWS),
and Authorize the City Manager to Sign the
IGA
c. Approve Amendment to the 2006/07
Pavement Major Maintenance Program -
Phase 1 Contract with Morse Brothers,
Inc., to Add Projects
Mayor Dirksen said there was a request from
Councilor Harding to remove Item 3.3 for
independent discussion. He asked if there was
anything else Council wanted removed for
independent discussion. There were no requests
that other items be removed.
3.3 Consider a Cost Mayor Dirksen asked if Councilor Harding would Councilor Sherwood
Of Living lead the discussion as she had requested removal of moved, and Councilor
Adjustment For the item from the consent agenda. City Manager Wilson seconded to
Management/ Prosser noted that Human Resources Director approve the resolution
Supervisory/ Zodrow was in attendance if there were any 06-59.
Confidential Group questions.
Em The motion was approved
Employees by a majority vote of
Councilor Harding said that although this group Council present.
historically had received a cost of living adjustment
it didn't need to be done that way. She noted that the Mayor Dirksen Yes
unions must negotiate cost of living increases. She Councilor Harding No
asked, in view of the Council's goal to stabilize the Councilor Sherwood Yes
financial picture, if this was the most financially Councilor Wilson Yes
responsible way to handle the budget. Councilor Woodruff Yes
Councilor Harding referred to local constituents and
noted that some people are taking job and salary cuts.
She said having job grade increases and cost of living
increases was a unique situation and suggested that
the budget task force look at this and see what the
trends have been.
Councilor Wilson said he considered 3.2% a modest
amount and didn't think of a cost of living increase as
a raise, but as an inflation adjustment. He said over
Tigard City Council Minutes - September 26, 2006 6
Agenda Item Discussion & Comments Action Items (follow
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the years the value of the money being paid employees
is worth less, so it balances it out. Councilor Wilson
said it might be worth a longer discussion at some
point in the future.
Councilor Woodruff said not only was this common
in local jurisdictions but it has been the practice at the
City for some time. He said there are 85 employees
affected who are not part of a bargaining unit. He
asked Councilor Harding if she was suggesting they
form a bargaining unit so that Council will have to
negotiate with them.
Councilor Harding said, "No."
Councilor Woodruff said he understands there are not
always step increases and cost of living increases in the
private sector but that this is the standard in the public
sector.
Councilor Wilson said he feels more constr ained by
the union negotiations. He said giving less to the
employees over whom Council does have discretion
would seem like we are punishing them. He said it
may create a rift which would be counter-productive,
especially when it is such a modest amount.
Councilor Harding disagreed, saying she thought 3.2%
was not a modest amount. She mentioned there have
been employees who have had job reclassifications,
that put them into a higher range.
Mayor Dirksen said step increases and job
reclassifications are separate issues from cost-of-living
adjustments. He said wages are most of the City's
budget. He said the City provides services and
employees are needed to provide those services. He
said he considered this matter carefully and felt this
was an appropriate amount He said keeping people's
salaries adjusted for inflation is a necessary part of
being competitive in the workplace.
Councilor Woodruff said this does not represent an
extra amount of money; it was in the budget that was
approved. He said the Budget Committee anticipated
Tigard City Council Minutes - September 26, 2006 7
Agenda Item Discussion & Comments Action Items (follow
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the possibility of this and Council is staying within the
budget if this were to pass.
Mayor Dirksen suggested this has been a policy for
many years. He said if there is a question about it, a
good time to bring it up would be during the budget
process where Council, as well as the citizens on the
committee, can discuss whether or not a policy change
is needed.
3.3 Approve a Cost of Living Adjustment for
Management/Supervisor/Confidential Group
Employees effective October 1, 2006 and
Amendment of the Salary Plan - Resolution
No. 06-59.
4 Employee Police Chief Dickinson announced that Jim Wolf
Recognition: received the Ken Mainwaring Award for excellence
Tigard Police in the area of crime prevention. He noted that Mr.
Public Information Wolf serves as both the Public Information Officer
And Crime as well as the Crime Prevention Officer for Tigard's
Prevention Officer Police Department. He said the award is given
Jim Wolf annually by the Crime Prevention Association of
Oregon and recognizes excellence in the area of
crime prevention and is given to a Crime Prevention
Specialist.
Mayor Dirksen presented Jim Wolf with an award
plaque and invited the Council to comment.
Councilor Sherwood said there isn't a person in the
City of Tigard who doesn't know Mr. Wolf or have
kids that know him and thanked him for the work
he has done in being proactive instead of reactive.
Councilor Harding complimented Mr. Wolf on his
enthusiasm. She said she recently attended a
Citizen's Police Academy and noted the pride he
took in his job and the care he took to answer
questions to make sure everyone understood.
Mayor Dirksen said the City of Tigard has a
wonderful Police Department and he is very proud
of it. He said there are excellent personnel on the
force, but even among that high cadre, Jim Wolf is
an exemplary employee.
Tigard City Council Minutes - September 26, 2006 8
Agenda Item Discussion & Comments Action Items (follow
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Consider a Library Director Barnes presented factual Councilor Woodruff
Resolution In information regarding the Washington County moved and Councilor
Support of the Cooperative Library Services Operational levy. She Sherwood seconded the
Washington noted that the County Commissioners are planning motion. The motion was
County to place on the November ballot a county-wide approved by a unanimous
Cooperative operational levy which raises 17cents per $1,000 of vote of Council present.
Library Services- assessed value. Mayor Dirksen Yes
Library Councilor Harding Yes
Operational Levy She said changes Tigard library patrons would see Councilor Sherwood Yes
would be maintained services and restored hours Councilor Wilson Yes
with the levy passage. If it is unsuccessful, she said Councilor Woodruff Yes
it would be likely that the Tigard Library would have
to look at reduced hours and services.
Councilor Woodruff asked what percentage of the
Tigard Public Library's budget comes from the
Cooperative Library fund. Library Director Barnes
said 54% of the funding comes from the City and
46% comes from WCCLS.
Councilor Woodruff noted that on a recent survey,
the library was the top item listed on what people
appreciated about the City. He said this levy would
be a way to have specific funds go towards the
library, which is of benefit to the City as there is
more and more competition for general funds.
Mayor Dirksen noted that he is co-chair of the
political action committee for this levy and
encouraged Council to support this levy.
A Resolution In Support of the Washington County
Cooperative Library Services - Library Operational
Levy - Resolution No. 06-61
6. Public Hearing City Attorney Ramis stated that the City of Tigard Councilor Wilson moved
(Quasi-judicial) begins these hearings with the City Attorney that Council continue
to Consider the describing the procedures used and the statement is discussion and decision to
Annexation of read so that members of the public who choose to October 10, 2006 and that
the Cach Creek participate in the hearing have a framework for the the record remain open
Area (ZCA 2006- rules used to conduct hearings. for written submissions
until Tuesday, October 3,
00002) 2006 at 3:00 .m.
Tigard City Council Minutes - September 26, 2006 9
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He said a copy of the rules and procedures for this Councilor Woodruff
hearing is available at the entrance to the hearing seconded the motion. The
room. He said a copy of the staff report on this motion was approved by a
hearing has been available for viewing and unanimous vote of
downloading from the City's website and a paper Council present.
copy of the staff report has been available at the Mayor Dirksen Yes
Tigard Public Library for the last seven days. A Councilor Harding Yes
copy of the Statement by City Attorney - Quasi- Councilor Sherwood Yes
Judicial Land Use Hearing Procedures is on file in Councilor Wilson Yes
the City Recorders Office. Councilor Woodruff Yes
Mayor Dirksen opened the public hearing.
Mayor Dirksen asked Council members if they
wished to report any ex parte contact or information
gained outside the hearing including site visits.
There were none.
Mayor Dirksen asked if any member of Council
wished to declare an actual or potential conflict of
interest. None was declared.
Mayor Dirksen asked if all members of Council had
familiarized themselves with the application. They
indicated they had.
The Mayor asked if there were any challenges from
the audience pertaining to the Council's jurisdiction
to hear this matter or a challenge to the declaration
of conflict or the participation of any member of
Council. There was none.
He asked for the staff report.
Assistant Planner Eng said the City of Tigard and
others request annexation of 34.82 acres into the
City of Tigard. She noted that the original proposal
was for 40.93 acres but as of yesterday, applicant
John Noffz withdrew two parcels, equaling 6.11
acres. This has been removed from the proposal.
She indicated the property vicinity on the wall map.
Assistant Planner Eng said the proposed annexation
territory includes eight parcels, six of which are
publicly owned. She said the proposed territory also
includes the Sunrise Lane right-of-way from SW
Tigard City Council Minutes - September 26, 2006 10
Agenda Item Discussion & Comments Action Items (follow
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127`h Terrace to the northern boundary of the Dyer
property.
She noted that the proposed annexation territory is
zoned Washington County R-6 and will become
City of Tigard R-7 upon annexation.
She said the City intends to use the publicly owned
land for purposes of a reservoir and as park land.
She said ORS Chapter 222 provides for annexation
of contiguous territory and the proposed territory is
contiguous to the City of Tigard's western boundary.
Assistant Planner Eng said that City staff notified all
affected agencies and properties. She said, regarding
public comment, that 12 Bull Mountain residents
responded to the Request for Public Comments.
One e-mail expressed opposition. Another resident
visited City Hall and noted that they opposed the
annexation. The rest were general inquiries which
expressed interest in annexing to the City.
She cited ORS Chapter 222, Metro Code Chapter
3.09, City of Tigard Comprehensive Plan Policies 2
and 10, and Community Development Code
Chapters 18.320 and 18.390 as applicable review
criteria. She said staff reviewed the proposal for
compliance with the applicable code criteria and
found that the proposal meets the criteria and that
staff recommends approval of ZCA 2006-00002.
She noted for the record that the Ordinance has
been revised to reflect changes from the withdrawal
of two parcels and to correct a tax map error. The
acreage in the ordinance has been changed from
40.93 acres to 34.82 acres. The number of parcels
has changed from eleven to eight; two parcels have
been withdrawn and one was a tax map error.
Senior Planner St. Amand, 13125 SW Hall Blvd.,
Tigard, OR, represented the applicant, for the City
of Tigard. She said Tigard City Council directed staff
to initiate this annexation request. She noted that
the proposal in front of Council says ten parcels but
two parcels owned b Brentwood Homes were
Tigard City Council Minutes - September 26, 2006 11
Agenda Item Discussion & Comments Action Items (follow
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withdrawn yesterday. She said it should also be
noted that the legal description with the staff report
needs revision to accommodate that removal as well
as a description due to a mapping error by the
County.
Mayor Dirksen told the audience that public
testimony would now be taken. One person had
signed up to speak.
City Manager Prosser clarified that anyone would be
allowed to speak whether they had signed up or not,
but they would testify in the order on the sign-up
sheet.
Kinton Fowler, 16170 SW Hazeltine Lane in
unincorporated Washington County said he thought
everyone was aware of the Washington County
Commissioners and the boundaries they set to go on
the ballot. He said the City had two ways to address
this issue. Going ahead with the annexation would
create a lot of bitterness and would probably end up
in the courts, if there's anew City of Bull Mountain.
He said that would mean a lot of legal fees which
come out of taxpayers' pockets in Bull Mountain
and Tigard. Or, he suggested, the Council could
table this item until after November 7, 2006. He
said if the election to form a new city is not
successful, Tigard could go ahead, only having had
to wait five or six weeks. He said if the election is
successful he knew the new city would like to work
with Tigard, especially on the Cach Creek area. He
said a collaborative project would be a good way for
the cities to get off to a good start.
Mayor Dirksen noted that no one else had signed up
to speak. He asked the audience if anyone else was
present who wanted to testify.
Lisa Hamilton-Treick, 13565 SW Beef Bend Road,
unincorporated area of Bull Mountain, said she
supported what Mr. Fowler said. She said this was a
real opportunity and hopes the Council doesn't miss
it. She mentioned steps the community of Bull
Tigard City Council Minutes - September 26, 2006 12
M
Agenda Item Discussion & Comments Action Items (follow
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Mountain has taken to place incorporation on the
ballot on November 7:
• An Economic Feasibility Statement was submitted
to Washington County on May 25, 2006.
• On May 30, 2006, 776 petition signatures were
submitted to Washington County. The required
10% of registered voters' signatures, from inside the
proposed boundary, were verified.
• On June 8, 2006, Washington County Board of
Commissioners voted to move forward with public
hearings on the proposal which were held on July
25, August 1 and August 8.
*The Washington County Board of Commissioners
voted to place incorporation before the voters
within those boundaries.
Ms. Hamilton-Treick said she had several issues:
• Lack of Washington County consent for inclusion
of the county road which is now the contiguous
connection the City of Tigard has.
• The proposed annexation creates islands and
irregular boundaries. Tigard's Comprehensive Plan
provides that annexation should prevent or
eliminate pockets and islands. Annexing Sunrise
Lane and moving forward with annexation would
cut off three or four people who would like to be in
the proposed city of Bull Mountain.
*She said Tigard's track record on the environment
and Goal 5 resource protection is very poor. The
Bull Mountain Community Plan calls for more strict
protection on Bull Mountain and there has been an
ongoing struggle with Tigard to protect trees and
natural resources. She asked, "If Tigard moves
forward with the annexation of these parcels, how
would it provide the highest protection of these
sensitive areas?"
Ms. Hamilton-Treick asked staff for clarification on
the number of parcels.
Assistant Planner Eng clarified that two parcels are
owned by one property owner.
Ms. Hamilton-Treick said there were competing and
unresolved jurisdictional issues which must be
settled through Washington County Circuit Court or
Tigard City Council Minutes - September 26, 2006 13
Agenda Item Discussion & Comments Action Items (follow
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through Land Use Board of Appeals should Tigard
move ahead with this annexation.
She said during the Washington County Public
Hearing, Commissioner Schouten stated that the
best way to provide for parks in the Bull Mountain
area is to keep the Cach Creek nature area, Tigard's
property, and the Tigard Water District property in
the new city boundary, where the combined acreage
may be large enough to qualify as a regional park.
The area could be best served if the new city and
Tigard work cooperatively together. She said there
was no revenue the City of Tigard would gain by
annexing these properties, not would the new City
of Bull Mountain gain revenue from it. She said if
Tigard does not annex this property it keeps the
proposed city's boundary regular, maintains the
integrity of the process that has happened up to this
point, and it requires that everyone get over this.
She requested that, under ORS 197.763, the record
remain open for a minimum of seven days to allow
additional evidence, arguments or testimony.
She gave her observations on the process whereby
the City of Tigard gained consent from the
Intergovernmental Water Board and Tigard Water
District. She said the staff person at Washington
County testified that numerous meetings were held
by the Tigard Water District to discuss this and she
said that was incorrect. She said there was one
executive session held and no decision came out of
it. She took issue with the way that process was
handled.
She said her final issue was not whether the Tigard
annexation was technically legal, but rather, doing
the right thing. She said Tigard was aware of the
proposed Bull Mountain boundaries from the filing
months ago and that the right thing is to be
respectful of people and the public .process and to
wait. She said Tigard is not doing the right thing
and legalities aside, anyone looking at this situation
recognizes that.
Tigard City Council Minutes - September 26, 2006 14
Agenda Item Discussion & Comments Action Items (follow
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She said she has come before the City Council many
times and it gets harder every time. She stated,
"You sit here now with an opportunity to begin the
healing process. If incorporation fails then, within
six weeks, you can proceed with this. Is it really
worth it?"
City Manager Prosser noted for the record that Ms.
Hamilton-Treick submitted a copy of a letter, dated
September 26, 2006, covering her testimony. She
also submitted a copy of a letter dated September
25, 2006, to Gary Pagenstecher, City of Tigard
Associate Planner, regarding the withdrawal of the
Brentwood property, as well as a copy of a legal
opinion requested by Representative Krummel
about how to deal with annexation of territory and
incorporation of cities. These documents have been
entered into the record.
Councilor Woodruff noted that when the public
hearings were held at Washington County, Tigard
requested these properties be removed from the
proposed new city's boundary. He said Tigard
hoped Washington County would see the logic of
having property be within the city which owned it.
He asked Ms. Hamilton-Treick, "If they would have
gone with what Tigard recommended, would your
concerns be the same about Tigard annexing
property that belongs to us?"
Ms. Hamilton-Treick said, "The decision by the
Washington County Board of Commissioners was
thoughtful and in their wisdom and best judgment
they felt that the boundary that they set was the best
boundary. And for Tigard to step in and say, `no,
Washington County Board of Commissioners, we
don't think so; we're challenging it.', seems
disrespectful of the Washington County process."
She said, "Let's move on... this is about control
issues and nobody wins the battle over control.
Let's work together."
Mr. Leighton Walsh, property owner of 15169 and
15165 SW Sunrise Lane said that he'd been listening
to thins that pertain more to formalities rather than
Tigard City Council Minutes - September 26, 2006 15
Agenda Item Discussion & Comments Action Items (follow
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those who live directly or are affected by that area.
He said it seemed to him that the long term
contribution, since this is the City of Tigard's land, is
the beautiful view that his future tenants and also
the 86 homes that are being put in nearby. This will
make a big difference to future children who would
enjoy the park and it being part of Tigard would
make a big difference.
Mr. Walsh said he didn't understand how anyone
can get to the park without it being annexed or it
being contiguous. He said he is familiar with the
land and very familiar with the area. He said he
changed his stance from neutral to being for it. He
said he knows Chris Cach and he wouldn't do
anything that his father wouldn't want him to do
with the property.
Linda Rogers, 15585 SW Baker Lane, said that on a
map the area in question looks like a flat piece of
land but in reality, it is not. She said it is a deep
wood, with lots of blackberries and ravines. She said,
"It is a place where you would take your child in
hand on a trail rather than a place to let them run
wild." She said, `By today's standards you wouldn't
let your children go there. There isn't level land to
put adequate parking like at Cook Park. It is not
meant for ball fields and things like that. Ms. Rogers
also said, "The people of Bull Mountain, it sounds
like, are different from anyone else. But because
we're out there we have daily contact with the
raccoons and the deer and creatures and herons.
When we go farther 'off the hill we see they don't
have a place to live and that's part of Oregon's
prestige - to keep places where animals can live as
naturally as possible. That is part of the conflict. As
soon as we get off the hill a bit we see where it has
just been bulldozed.and yes, the houses are gorgeous
and no one would mind living there, but we need to
also protect something. That's what I see this piece
of land for. It seems that big square that is now the
City of Tigard's is going to be developed into, how
many houses? He was saying 84. Is that right?"
Tigard City Council Minutes - September 26, 2006 16
Agenda Item Discussion & Comments Action Items (follow
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Community Development Director Coffee said the
developer had basically gone back to the drawing
board and the number of units could be as high as
80.
Ms. Rogers said, "So on his two pieces of land he's
going to put 80..."
Community Development Director Coffee said,
"No. The development he is talking about is on
another property, not this parcel." He indicated on
the map the parcel in question.
Ms. Rogers said, "OK. So may I propose that they
put in playgrounds for their children that could be
closer to their houses with adult supervision and if it
is buildable enough for houses then it is definitely
buildable enough for playgrounds. That land was
given to you as a watershed, for the animals."
She said these people have the available money and
the City has the planning criteria. She asked, "You
can require them to do this? Yes or no? Put in
parks in their own land? Their land is only for
houses?"
Mayor Dirksen said that it was.
Ms. Rogers said that was a shame and asked if a
certain amount of land had to be allowed for
drainage. She referred to empty lots with fenced off
areas with wildlife habitat signs on them. She said
the only wildlife living there were stray dogs and cats
and a few crickets. So if they have to put them all
together... Other cities do it."
Councilor Wilson said. "Thus proceeding is really not
about that. It's about..."
Ms. Rogers said, "Right. It's talking about this piece
of land and goodwill and the development of it."
Councilor Wilson said the proceeding was about
whether it comes into the City of Tigard or not.
Tigard City Council Minutes - September 26, 2006 17
Agenda Item Discussion & Comments Action Items (follow
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Ms. Rogers said, "Six weeks definitely would be a
harmless wait and it won't change much. It will still
be your land."
Mr. Leighton Walsh asked to speak again. He
asked, `Was I misinformed? The land owned by
Tigard is going to continue to be the same park that
it is and will be for its entirely?"
Mayor Dirksen said it was the City's intent to make
it a park. He said they were not going to put houses
or ball fields on it.
Mr. Walsh asked if, in the event portions were made
into a park, it would be up to code so that kids could
play there. He said, "We're talking about annexing
the existing property that the City owns that it
currently plans to not develop and continue to do
exactly what it's doing - just sitting there and having
the raccoons live there."
Mayor Dirksen said, "We'd have to discuss what we
would want to do with it in terms of what kind of
improvement we may want to do to it to make it
usable for people as a park. There is no intent to
put houses on it. There is no intent to make it
baseball fields or soccer fields or anything like that.
The intent is for it to be a nature park."
City Manager Prosser noted that on the Cach
property - the two parcels on Sunrise Lane - there
will be an additional water reservoir. He said the
terms of the sale say that the balance of the property
must be used for park purposes. He said for the
Tigard and Intergovernmental Water Board land no
change from current use other than that reservoir is
planned.
Mayor Ditksen said he thought the intent was to
bury the reservoir so there would still be land that
could be used for a park.
Mayor Dirksen asked if there was anyone else
wishing to speak.
Tigard City Council Minutes - September 26, 2006 18
Agenda Item Discussion & Comments Action Items (follow
u
City Manager Prosser stated for the record that Mr.
Dick Franzke left five copies of a letter. Mr. Prosser
provided four copies to the Council to read and
entered one into the record.
Mayor Dirksen asked if the applicant wanted to
make a final rebuttal. Senior Planner St. Amand said
she did not.
Mayor Dirksen asked for a staff recommendation.
City Attorney Ramis said he had a procedural
suggestion. He noted there had been a request that
the record be left open for seven days for written
submissions. He said the City should honor that
request per the statute. He said the oral portion of
the testimony could be closed but asked that the
record remain open for seven days for written
submissions.
Mayor Dirksen said that is what he was going to
recommend because several pieces of written
communication had been received during the
meeting and he wanted an opportunity to review
those before making a decision. He asked the
Council if they concurred. The Council indicated
agreement.
Mayor Dirksen asked the staff for their
recommendation.
Associate Planner Eng said staff recommends
approval of ZCA 2006-00002 and adoption of the
Ordinance.
Mayor Dirksen closed the public hearing with the
provision that the record on this item will remain
open for seven days.
Mayor Dirksen asked Council whether they wanted
to make any comments or discuss or prefer to wait
until continuation. There were no comments.
Tigard City Council Minutes - September 26, 2006 19
Agenda Item Discussion & Comments Action Items (follow
u
City Manager Prosser clarified the date and time of
the closure of the public record. He stated that it
will remain open for seven days, until Tuesday,
October 3, 2006 at 3:00 .m.
ADJOURNMENT City Council meeting adjourned at 8:55 p.m. Motion by Councilor
(The Tigard City Sherwood, seconded by
Center Development Councilor Wilson, to
Agency Meeting adjourn the business
follows.) meeting and convene the
City Center Development
Agency meeting.
The motion was approved
by a unanunous vote of
Council present.
Mayor Dirksen Yes
Councilor Harding Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
CITY CENTER CCDA Chair Dirksen said CCDA Board Members CCDA Board Member
DEVELOPMENT would be considering approval of the Tigard Harding moved, and
AGENCY (CCDA) Downtown Streetscape Plan. Board Member Wilson
MEETING He asked staff for their report. seconded to approve
CCDA Ordinance 06-02
Development Director Coffee noted that the The motion was approved
Council/CCDA had seen the document before and by a unanimous vote of
it was reviewed at the Council's last Workshop CCDA Board Members
Meeting. He said their sense was that present.
Council/CCDA was enthusiastic about it and they Chair Dirksen Yes
are seeking formal adoption of the plan. Board Mem. Harding Yes
Board Mem. Sherwood Yes
Board Member Sherwood said she was excited to Board Mem. Wilson Yes
see the plan get to this point. Community Board Mem. Woodruff Yes
Development Director Coffee said the plan will
seem very real when Burnham Street improvements
begin.
Board Member Harding thanked the staff for their
extra effort, noting that there had been a lot of
change in the Community Development
Department and she said they'd done a good job
making a timeline and outline for everyone to see.
Chair Dirksen thanked the staff and also the
members of the citizen Streetsca e Design Group
Tigard City Council Minutes - September 26, 2006 20
1
Agenda Item Discussion & Comments Action Items (follow
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that worked with staff and the consultant to come
up with the design and proposal.
06-02 Consider a Resolution Adopting the Tigard
Downtown Streetscape Design Plan
ADJOURNMENT The meeting was adjourned at 9:02 p.m. Motion by CCDA Board
Member Sherwood,
seconded by Board
Member Harding, to
adjourn the City Center
Development Agency
meeting.
The motion was approved
by a unanimous vote of
CCDA Board Members
Present.
Chair Dirksen Yes
Board Mem. Harding Yes
Board Mem. Sherwood Yes
Board Mem. Wilson Yes
Board Mem. Woodruff Yes
Carol A. K.rager, Deputy City Recor r
Attest:
c
Mayor, ity of Tigard
Date:
Tigard City Council Minutes - September 26, 2006 21
• n ® CITY OF TIGARD
COMMUNITY OREGON
NEWSPAPERS '
6605 SE Lake Road, Portland, OR 97222 • PO PUBLIC HEARING ITEM_
Box 22109 • Portland, OR 97269 The following will be considered by the Tigard City Council on
Tuesday September 26, 2006 at 7:30 PM at the Tigard Civic
Phone: 503-684-0360 Fax: 503-620-3433 C; iter - Town Hall Room, 13125 SW Hall Boulevard, Tigard,
Email: legals@commnewspapers.com Oicgon 97223.
Public oral or written testimony is invited. The public hearing on
AFFIDAVIT OF PUBLICATION this matter will be held under Title 18 and rules of procedure
State of Oregon, County of Washington, SS adopted by. the Council and available at City Hall or the rules of
Y procedure set forth in Section 18.390.060E.
Further information may be obtained from the Planning Division
I, Charlotte Allsop, being the first duly sworn, (Staff contact: Emily Eng) at 13125 SW Hall Blvd., Tigard,
depose and say that I am the Accounting Oregon 97223, or by calling at 503-639-4171.
Manager of The Times (serving Tigard, ZONE CHANGE ANNEXATION (ZCA) 2006-00002
> CACH CREEK AREA ANNEXATION
Tualatin & Sherwood), a newspaper of <
general circulation, published at Beaverton, in REQUEST: The applicant is requesting annexation of eleven
(I1) parcels containing 40.93 acres into the City of Tigard.
the aforesaid county and state, as defined by LOCATION: Abutting and west of Sunrise Lane, and abutting
ORS 193.010 and 193.020, that and north of SW Bull Mountain Road, including the right-of-way
on Sunrise Lane, from the intersection of Sunrise Lane and SW
City of Tigard 147th Terrace westerly for approximately 1,200 feet and northerly
Public Hearing Item-Cach Creek for approximately 1,630 feet; Washington'County Tax Assessor's
TT10857 Map No. (WCTM) 2S105DB, Tax Lots 6100, 6200 & 400;
WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2SI05DC, Tax
Lots 100, 201, 300 & 400; and WCTM 2S105DD, Tax Lots 200 &
a copy of which is hereto annexed, was 300. ZONE: R-7: Medium-Density Residential District. The R-
published in the entire issue of said 7 zoning district is designed to accommodate attached single-fam-
newspaper for ily homes, detached single-family homes with or without accesso-
2 ry residential units, at a minimum lot size of 5,000 square feet, and
duplexes, at a minimum lot size of 10,000 square feet. Mobile.
successive and consecutive weeks in the home parks and subdivisions are also permitted outright. Some
following issues civic and institutional uses are also permitted conditionally.
September 7, 2006 APPLICABLE REVIEW CRITERIA: The approval standards
September 14, 2006 for annexations are described in Community Development Code
Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and
10; ORS Chapter 222; and Metro Code Chapter 3.09.
bi,u I I l't'k ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE
V LL,~ ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION
Charlotte Allsop (Accounting Mana er) AT NO COST OR COPIES CAN BE OBTAINED FOR TWEN-
TY-FIVE CENTS (25¢) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
September 14, 2006 AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING, A
COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR
INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED
FOR TWENTY-FIVE CENTS (25¢) PER PAGE, OR THE CUR-
RENT RATE CHARGED FOR COPIES AT THE TIME OF THE
NOTAR PUBLIC FOR OREGON REQUEST. INFORMATION IS ALSO AVAILABLE BY CON-
TACTING THE STAFF CONTACTS LISTED ABOVE. Publish
My commission expires `.MV- :;tt1 JZ0-7 9/7, 9/14/2006 TTIO857
A , ~ i , ~ may. ' ` ~ i• r ~ L,t. l
Acct #10093001 !f 3 I _.i 'Z, CwbC-kAm
Patricia Lunsford OFFICIAL SEAL - `i n; ,
1 -
SUZETTE I CURRAN
City of Tigard L.
NOTARY PUBLIC OREGON r= . I
t:M y
I
13125 SW Hall Blvd. COMMISSION N0.373063
daft
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Tigard, OR 97223 MY COMMISSION EXPIRES NOV. 28, 2007 Lr E f
L_ I I ef a„
Size:2 x 10.75
~ I P+at~`wtl
Amount Due $359.05
`Remit to address above IW'--! I w: I f L- t /
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STUDY SESSION AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
September 26, 2006 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
6:30 PM
• STUDY SESSION
➢ Discuss Citywide Employee Survey
➢ Discuss Potential Jaywalking Ordinance
➢ Review the System Design Report from New World Audio Video and Provide
Staff with Direction
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to consult with
legal counsel regarding litigation likely to be filed under ORS 192.660(2)(h). All discussions are
confidential and those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not
disclose any information discussed. No Executive Session may be held for the purpose of taking any
final action or making any final decision. Executive Sessions are closed to the public.
• ADMINISTRATIVE ITEMS
791h Avenue - Citizen Comment
➢ Who will attend City Hall Day (besides the Mayor) October 191h, Town Hall, 7-9 p.m.
What format do you want to use for City Hall Day? Senator Burdick, Rep. Gahzio and Shirley
Parsons are all attending. Some of King City's Council has RSVP'd as well.
-Combine our issues with LOC issues?
-Q & A from the audience? - Something else?
➢ TriMet - Commuter Rail Groundbreaking. October 25,10:30-11:30 a.m.; Tigard Commuter Rail
Station. Mayor Dirksen, Governor and Senators speaking. Check for Council attendance.
League of Oregon Cities Hospitality Suite - Hosted by Mayor Dirksen on Thursday, September 28,
5-9 p.m.
➢ October 31, 2006 Fifth Tuesday Cancelled
➢ October 7, 2006 1 p.m. Dedication of Bronze Alphabet Chair at library
Council Calendar
September
26 Business Meeting; 6:30 p.m., RRCCR & Town Hall
28-30 League of Oregon Cities Conference
October
10 Business Meeting, 6:30 p.m., RRCCR & Town Hall
17 Workshop Meeting, 6:30 p.m., RRCCR & Town Hall
24 Business Meeting, 6:30 p.m., RRCCR & Town Hall
31 Fifth Tuesday Council Meeting - CANCELLED
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited
situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a
governing body, which is closed to certain persons for deliberation on certain matters."
Permissible Purposes for Executive Sessions:
192.660 (2) (a) - Employment of public officers, employees and agents,
If the body has satisfied certain prerequisites.
192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have
an open hearing).
192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.)
192.660 (2) (e) - Real property transaction negotiations.
192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public
inspection." These records are specifically identified in the Oregon Revised
Statutes.
192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing
body is competing with other governing bodies.
192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties
regarding current litigation or litigation likely to be filed.
192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted
by the governing body, the employment-related performance of the chief
executive officer, a public officer, employee or staff member unless the affected
person requests an open hearing. The standards, criteria and policy directives to
be used in evaluating chief executive officers shall be adopted by the governing
body in meetings open to the public in which there has been an opportunity for
public comment.
192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private
persons or businesses regarding proposed acquisition, exchange or liquidation of
public investments.
192.660 (2) (k)- Relates to health professional regulatory board.
192.660 (2) (l)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of programs relating to security.
79`' Avenue Neighbors
14955 SW 791h Avenue
Tigard, Oregon 97224
S bhellAs b f6-LL,
TIGARD CITY COUNCIL.
13125 SW Hall Blvd.
Tigard, Oregon 97223
Dear Mayor Dirksen and Members of the Tigard City Council:
Reconstruction of 79`h Avenue rapidly is taking place due to private development at both
ends of the street. We are appearing before the City Council tonight to make a public record of
our specific requests for the design of this reconstruction. I submitted a copy of this document to
City Engineer Gus Duenas prior to this meeting.
First, the 79th Avenue Neighbors continue to oppose construction of bike lanes along 79`h
Avenue. Bike lanes would add 12 feet to the width of 79`h Avenue and take away 12 feet of
existing trees and yards. Bike lanes on 79'h Avenue are unnecessary and impractical. 79th
Avenue is a .7 mile street. For that distance, cars and bikes can share the road. Existing bike
lanes on Hall Boulevard already connect Bonita and Durham (just 6 blocks away) and also are
designated for 72°d Avenue between Bonita and Durham.
We understand that 79`h Avenue bike lanes are included in the 2002 Tigard
Transportation System Plan (2002 TSP) and so the Council feels that its "hands are tied" on this
issue. We also understand that the 2002 TSP will be reviewed and revised soon. We respectfully
request that a member of 79`h Avenue Neighbors be included on the committee that will make
those revisions.
Second, the 79th Avenue Neighbors continue to oppose the placement of planter strips
along 79t4 Avenue. Without a city budget item for upkeep, these planter strips are becoming an
eyesore around Tigard. They also take away 10 -12 feet of 79`h Avenue properties, most of
which are landscaped and maintained by homeowners in a more attractive manner than public
planter strips.
Third, we respectfully request traffic calming methods to be included in the
reconstruction of 79`'' Avenue. We are experiencing higher volumes of traffic traveling at higher
speeds along our street.
Thank you for your consideration of these requests. As always, our purpose continues to
be to preserve the livability and unique character of our neighborhood by maintaining a quiet,
peaceful, pastoral and safe neighborhood street.
Sincerely,
Dn-Af~ T
Kristin Preston
79th Avenue Neighbors
MEMORANDUM
TIGARD
TO: Mayor and City Council
FROM: Sandy Zodrow, Human Resources Direct
RE: City wide Employee Survey
DATE: September 12, 2006
It is my understanding that your Council would like to discuss the idea of conducting a City
wide employee survey, so this matter has been scheduled for discussion in the Study Session
of your September 26th meeting.
Surveys look deceptively easy to develop and implement. But unless surveys are developed
effectively and implemented appropriately the results will be meaningless, resulting in
frustration for both employees and management.
If Council chooses to conduct an employee survey, it is important to start with clear
objectives. To this end, Council may wish to consider the following questions as a starting
point for your discussion:
1. Why do we want to do this survey? What is its purpose? What do you want to
achieve? What information do you hope to obtain? (i.e. cost saving opportunities,
customer service issues, productivity improvement, etc.)
II. How do you intend to use the results? What will you do with the information
after the survey is completed? .(i.e. we will share all the results with employees and
use the information to make policy and program decisions, for financial planning,
to enhance benefit plans, etc.) It is important that the organization decide up
front what actions are possible and what are not.
III. Who will design and administer the survey?
Addressing these questions is critical to the design and execution of the survey so that the
efforts yield useful information that addresses the issues. It is also important so the
organization can let employees know why the information is being gathered and what will be
done with the results.
I look forward to our discussion on the 26th.
o6oQa6 ~
September 2006
Human Resources
Employee Survey
Discussion Points
1. Why does Council want to do this survey? Or, put another way:
What is its purpose?
What do you want to achieve?
What do you want to get out of this?
What are your objectives?
2. How will Council use the results? For example:
What do you plan to do with the information once you have it?
What action(s) are you willing to take and what action(s) are you
not?
3. Who will design the survey? Who will administer the survey? Who
will analyze the results of the survey?
4. Confidentiality versus Anonymity: which is it, or both?
Confidentiality = questionnaires will only be seen by authorized
persons
Anonymity = means employees do not have to identify themselves
League of Oregon Cities
City Hall Day 2006
Building a relationship with your legislators and candidates is essential to being an effective advocate for your
community. You can be a valuable resource by letting them know how decisions they make in Salem will impact
your shared constituents. City Hall Day provides an opportunity for you to talk one-on-one about issues that are
important to your citizens and businesses.
Issues to Discuss with Legislators and Candidates
To help facilitate a dialogue with legislators and candidates, the League is providing an array of suggested issues
that are important to cities across the state. It is important that you "tell your city's story". The issues you discuss
during City Hall Day should be customized for your city and reflect concerns that are important to your region.
Talk about these issues as they relate to projects within your city and how your budget may be impacted.
Use the following examples to communicate to legislators and candidates the critical role your city plays in
supporting the health and welfare of your community.
Infrastructure Funding:
While new sources of funding have been identified for rebuilding roads and expanding capacity, funding for
maintenance and preservation of existing roads is lagging. Potholes, cracked and uneven pavement and worn road
striping present safety hazards to citizens and reduce the economic benefits of roads. Additionally, the costs of
providing sewer, water and stormwater services continue to escalate. Cities need adequate infrastructure funding
now to prevent a greater demand on taxpayer dollars in the future.
Suggested dialogue:
Discuss the ongoing infrastructure needs in your city focusing on road maintenance, industrial development, and
water and sewer facilities.
Urban Renewal:
In many cities large and small across the state, urban renewal projects are developing and making targeted
infrastructure investments to remove blight and bring jobs to their area. These investments of tax dollars will help
spur private sector investment and development, resulting in jobs, additional real market value for property owners
and assessed value added to the tax rolls.
Suggested dialogue:
Talk about how your city uses the tool of urban renewal to promote economic development.
Water Rights:
In 2005 the legislature passed HB 3038, which validated municipal water rights. However, based on an Oregon
Department of Fish and Wildlife legal opinion those rights are subject to a fish recovery standard much stricter than
the Endangered Species Act. Cities must approach the 2007 legislature for clarification of how cities will develop
water rights to continue to meet community development needs, and protect endangered fish species.
Suggested dialogue:
Discuss the long-term planning efforts in which your city has engaged and the impacts on your city if it is no longer
able to develop its water rights.
---over---
Land Use:
How a city plans to accommodate growth includes urbanization processes such as: urban growth boundary
expansion, annexation, and the orderly provision of services. Cities have uniquely different experiences in how
well these processes integrate together, and if these processes provide sufficient tools to adequately plan for growth
and deliver economic development opportunities, needed housing, and public infrastructure resources.
Suggested dialogue:
Illustrate different experiences- pro and con- your city has had planning and delivering urban levels of development
with the urbanization tools and resources that exist today for your city.
9-1-1 Tax:
The 9-1-1 tax pays for a portion of call center costs and emergency system improvements. It is dedicated to public
safety purposes. The tax will sunset on December 31, 2008, however there will be efforts in the 2007 session to
renew the tax.
Suggested dialogue:
Talk about the importance of 9-1-1 taxes in helping to provide essential public safety services.
Oregon Liquor Control Commission (OLCC):
The OLCC is conducting a study of how cities use shared liquor tax revenues, which may be used as a pretext for
reducing the state shared liquor revenue that cities currently receive. Liquor revenue was initially shared with cities
as a result of state preemption of city taxation and control of liquor sales. These revenues provide an important
source of general fund support for public safety services.
Suggested dialogue:
Communicate the importance of maintaining liquor tax revenues and how your community uses these resources
within the city's general fund to support public safety services and activities.
Rights-of-way (ROW) Management & Compensation:
City ROW management and compensation authority is being challenged, particularly in the telecommunications
arena where there have been attempts to restrict the ability of cities to manage their ROW, cut franchise fees, and
preempt local taxing authority.
Suggested dialogue:
Discuss the fundamental role your city plays in managing the rights-of-way and consequences if your city loses that
authority. Provide examples of services your city would have to cut if franchise fee revenues decrease. Focus on
telecommunications utilities.
Local Revenue Raising Authority:
Property tax limitations and preemptions restrict the tools a city needs to meet the demands of their citizens and
businesses. Specifically, Measures 5 and 50 have crippled the ability for cities to manage their operations and
provide adequate services.
Suggested dialogue:
Talk about how limits to your city's revenue raising authority affect your ability to finance essential services.
Public-Private Partnerships:
As municipal resources decrease, cities undertaking substantial projects need to be able to effectively leverage
private resources into public-private partnerships. In some instances, the success of these projects may rest on the
utilization of eminent domain authority to assemble property, or whether cities have a clear understanding of how
prevailing wage standards apply to the project.
Suggested dialogue:
Provide examples of opportunities your city has taken to pursue public-private partnerships and the successes or
impediments your city has experienced in moving these projects forward.
AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: September 26, 2006
(Limited to 2 minutes or less, please)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony become part of the public record. The names and addresses ofpersons who attend
or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
NAME, ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name: -P~f ~ ~A-rt*Si2k.
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce: fi'G e 4
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9 67as dke" r)
Address 1yg55 S W 7Tt~ Av-(- • 01J 0f1"J .Thkcs
City v!
State a Zip 77Z Z
Phone No. (50 3 (o ->-o - l! 6 0
Name:®
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address P ~J`--•~'' J
1 /Pl- 4yAiA( G -
City CbctNc~L
State Zip r7~~
Phone No. ~i►~~jy 1~~
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
CITIZEN COMMUNICATION
p60q
C- l ~i Ze 791h Avenue Neighbors Como )
14955 SW 79`" Avenue d , 14em
Tigard, Oregon 97224
September 26, 2006
TIGARD CITY COUNCIL
13125 SW Hall Blvd.
Tigard, Oregon 97223
Dear Mayor Dirksen and Members of the Tigard City Council:
Reconstruction of 79"' Avenue rapidly is taking place due to private development at both
ends of the street. We are appearing before the City Council tonight to make a public record of
our specific requests for the design of this reconstruction. I submitted a copy of this document to
City Engineer Gus Duenas prior to this meeting.
First, the 79t" Avenue Neighbors continue to oppose construction of bike lanes along 79`''
Avenue. Bike lanes would add 12 feet to the width of 79t" Avenue and take away 12 feet of
existing trees and yards. Bike lanes on 79`h Avenue are unnecessary and impractical. 79"'
Avenue is a .7 mile street. For that distance, cars and bikes can share the road. Existing bike
lanes on Hall Boulevard already connect Bonita and Durham (just 6 blocks away) and also are
designated for 72nd Avenue between Bonita and Durham.
We understand that 79`" Avenue bike lanes are included in the 2002 Tigard
Transportation System Plan (2002 TSP) and so the Council feels that its "hands are tied" on this
issue. We also understand that the 2002 TSP will be reviewed and revised soon. We respectfully
request that a member of 79t" Avenue Neighbors be included on the committee that will make
those revisions.
Second, the 79"' Avenue Neighbors continue to oppose the placement of planter strips
along 79"' Avenue. Without a city budget item for upkeep, these planter strips are becoming an
eyesore around Tigard. They also take away 10 - 12 feet of 79"' Avenue properties, most of
which are landscaped and maintained by homeowners in a more attractive manner than public
planter strips.
Third, we respectfully request traffic calming methods to be included in the
reconstruction of 79t" Avenue. We are experiencing higher volumes of traffic traveling at higher
speeds along our street.
Thank you for your consideration of these requests. As always, our purpose continues to
be to preserve the livability and unique character of our neighborhood by maintaining a quiet,
peaceful, pastoral and safe neighborhood street.
Sincerely,
p
Kristin Preston
79`1' Avenue Neighbors
CITY MANAGER
CITIZEN COMMUNICATION FOLLOW UP
FOR THE SEPTEMBER 26, 2006 MEETING
At the last City Council business meeting held on September 12, 2006, the following
individual(s) testified during Citizen Communications to the City Council:
- Marland Henderson, 11795 SW Katherine Street, Tigard, OR said he was speaking to
the Council to bring awareness of the plight of the mentally ill and their families to
everyone's attention. He referenced the Mayor's proclamation of September as
National Alcohol and Drug Addiction Recovery Month and advised that 85 percent
of those with serious drug and alcohol addictions are also affected by mental illness.
He spoke to efforts grounded in "evidence-based practices" whereby support is
given to programs that can document their success. Programs are under funded.
Councilor Sherwood advised Mr. Henderson that next Tuesday Mr. Howard
Spanbock of Luke Dorf, Inc. will brief the Council on mental health and substance
abuse services available in Tigard, Washington County and the metro area.
City of Tigard and the League of Oregon Cities will host "City Hall Day" on
October 19 for people to bring up issues to state legislative candidates. Funding for
mental health programs would be a good topic to discuss with the candidates.
- Mr. Marvin Bowen, 12562 SW Main Street, Tigard OR 97232 advised he plans to
open a Brew Pub on Main Street in about two months. He noted issues with people
parking on the street for long periods of time and that parking time limits are not
enforced by the Police Department and requested the City Council consider
directing enforcement. Mayor Dirksen noted that parking issues have come up on
Main Street and it would be good to review the situation downtown. This will be
brought to the attention of Police Chief Dickinson.
i:\adm\cathy\c \citizen communication follow up\060926.doc
y 9
Agenda Item # 3 .
Meeting Date 9-26-06
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Community Development Block Grant Project CDBG Proposal
Prepared By: Duane Roberts Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Should Council approve a resolution endorsing the submittal of two Community Development Block Grant project
applications?
STAFF RECOMMENDATION
Staff recommends Council authorize the submittal of the two applications.
KEY FACTS AND INFORMATION SUMMARY
The Community Development Block Grant (CDBG) Program is a federal program that annually provides more
than $2 million to Washington County to fund activities that benefit low and moderate income persons. The County
distributes the money to local jurisdictions and nonprofit agencies based on project applications submitted by
sponsors. It currently is accepting project proposals for the 07/08 funding year. The application deadline is
10/10/06. Staff is proposing submitting the following two projects for funding:
Senior Center Upgrade
During several meetings, most recently on August 15, 2006, Council has discussed Senior Center improvement
needs. The original building was constructed some twenty-five years ago. During that time, only minor
improvements to the kitchen facilities, restrooms, wiring (electrical, phone, and data), floor coverings, paint, and
seismic condition have been made. During the same period, participation in Senior Center activities and services
has increased at a steady rate each year. The problem arising from the building's age and increased usage is that it
has become inadequate in terms of space and functionality. To cite just two examples, four center-sponsored
educational classes are currently held off-site due to lack of space and the center's kitchen appliances (all original
equipment) are rusting and wearing out. The grant funds requested would be used to partially finance much-needed
upgrades and also to add 1,280 square feet of additional floor space. The proposed improvements would serve the
current and growing population of Tigard elderly.
Garrett Street Sidewalks
Garrett Street is an older, inner city street that was constructed without sidewalks. The proposed CDBG project
will alleviate the problem of unsafe pedestrian conditions through the installation of sidewalks and associated
improvements along both sides of SW Garrett Street. The improvements will provide a safe, secure, and
convenient pedestrian route to services, shopping opportunities, and TriMet and school bus stops. The sidewalk in-
fill also will help retain neighborhood character and livability. A map showing the locations of the proposed
improvements is attached. This project was submitted for grant funding last year, but was not selected for funding.
I:\I.RPI.\\Council Materials\2006\9-26-06 AIS - CDBG Proposal Community Dev. Block Cant Proj..doc 1
City Finance Department review of the four projects for financial, budgetary, and purchasing requirements is in
progress. Copies of the draft proposals will be available in the City Recorder's office.
OTHER ALTERNATIVES CONSIDERED
Do not submit the proposal.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
The sidewalk project is consistent with Transportation and Traffic Goal #3, Strategy 3, "Encourage development of
alternative modes" and the action plan "Focus efforts on improvements to provide connectivity for pedestrian and
bicycle travel."
ATTACHMENT LIST
Attachment 1: Resolution supporting applications for CDBG funds
Exhibit A: Senior Center Floor Plan
Exhibit B: Garrett Sidewalk Improvements Map
FISCAL NOTES
The amount of the grant funds requested for each project is shown below, along with proposed local share
contributions. In the case of the Senior Center remodel, the grant and match dollar amounts were set by Council
at its August 15, 2006, meeting. The City dollars would come from the General Fund.
The City contribution does not include the $200,000 previously authorized by Council for architectural services.
Under CDBG guidelines, expenditures made before grants are awarded cannot be counted as part of the
matching share. Only expenditures incurred after grant award and contracting to receive the award may be so
counted. In the case of the Senior Center project, the Public Works project manager estimates that
approximately half the $200,000 will be expended prior to the July 1, 2007 effective date of the CDBG funding
cycle. This leaves some $100,000 that can be added to the City hard dollar match. The City's in-kind
contribution includes grant administration and building inspection services. The City also may be able to count
as an in-kind contribution the staff time required for the relocation and operation of programs away from the
center during the remodel.
Project Grant Dollars City Cash Loaves & Fishes City In-Kind
Senior Center $475,000 $375,000 $100,000 $ 20,000
Garrett St. $250,000 $145,300 $ 64,000
Approval of the resolution does not financially obligate the City. Actual appropriation of funds and acceptance
of a grant would require separate budget committee action.
I:\LRPLN\Council Materials\2006\9-26-06 AIS - CDBG Proposal Community Dev. Block Grant Proj..doc 2
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO.06--F~
A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING APPLICATIONS FOR
FEDERAL ASSISTANCE TO PARTIALLY FINANCE IMPROVEMENTS TO THE TIGARD
SENIOR CENTER AND TO CONSTRUCT SIDEWALK AND RELATED IMPROVEMENTS
ALONG BOTH SIDES OF GARRETT STREET
WHEREAS, the Tigard Senior Center was constructed in 1980; and
WHEREAS, some space and design improvements were carried out in 1989; and
WHEREAS, participation in Senior Center activities and services has increased at a steady rate each
year; and
WHEREAS, the Senior Center is now some twenty-five years old and is inadequate in terms of current
space and functionality needs; and
WHEREAS, major upgrades to the kitchen, upstairs and downstairs restrooms, wiring, floor
coverings, paint, and seismic condition are needed to serve the current and growing population of
elderly; and
WHEREAS, SW Garrett Street was constructed without curbs, sidewalks, and/or drainage facilities;
and
WHEREAS, the installation of sidewalks and associated improvements along this street would
improve neighborhood quality and safety conditions for children and other pedestrians; and
WHEREAS, improvements to the Tigard Senior Center and to SW Garrett Street are defined in
separate applications for federal Community Development Block Grant funds; and
WHEREAS, these improvements meet the national and county Community Development Block
Grant objective of serving persons having low and moderate incomes; and
WHEREAS, Washington County will receive an estimated two million dollars per year for the next
five years, for which ten cities, the county, and various non-profit agencies will compete for the
funding of various projects.
I:\LRPLN\Cound Materials\2006\9-26-06 ATTACH 1 - CDBG Proposal.doc 1
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City of Tigard hereby expresses its support for making improvements to the
Tigard Senior Center and to SW Garrett Street, as shown in Exhibits A and B,
respectively, and authorizes submission of applications for federal assistance.
f
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This *-'--day of T 2006.
1
Mayor - ity of Tigard
ATTEST:
Vc,P- City Recorder - City of T and
IALRPLN\Counal Materials\2006\9-26-06 ATTACH 1 - CDBG ProposaLdoc 2
' EXHIBIT A
EXISTING PARKING • NO CHNAGES
HC
NEW GARDEN ROOM
NEW EKET
NEW CONCRETE LOADING DOCK AND STAIRS
I
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NEW CONCRETE RAMP NEW ULRARY
SLOPE - 1:12 MAX. ADDITION w'
~ i•
W X Tf' LOADING ZONE NEW CONCRETE
WALK
ADIUST CUR! RADIUS AS REQ'0
REMOVE TREES
ADO NEW CURL AND PAVEMENT. OETECTALU WARNING
EXISTING PARKING
NEW TRASH ENCLOSURE NEW HANDICAPPED PARKING
RESTRIPE AS REQUIRED
HC HC HC HC Ll F
REVISE EXISTING PARKING
I •
SITE PLAN
V- _ SU'O•
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AGENDA ITEM #
FOR AGENDA OF September 26, 2006
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Consideration of a Cost of Living Adjustment for Management/Supervisory_
/Confidential Group Employees effective October 1, 2006 and amendment of the salga plan
PREPARED BY: Sand Zodrow HR Dir. PT HEAD OK CITY MGR OK UC
ISSU BEFORE THE COUNCIL
Should the Council approve a 3.2% cost of living salary adjustment for Management/Supervisory/Confidential
Group Employees to be effective October 1, 2006
STAFF RECOMMENDATION
Pursuant to Council direction at their September 12, 2006 meeting, approve the cost of living adjustment
INFORMATION SUMMARY
Approximately 85 employees belong to the Management/Supervisory/Confidential Group and are not represented
by a collective bargaining agreement. Each fiscal year the City Council considers and makes a determination on a
cost of living increase (COLA) for this group of employees. The last COLA adjustment made for this group was
October 1, 2005. The Tigard Police Officers Association received a 3.2% increase in July 1, 2006 and the
SEIU/OPEU group will receive a cost of living adjustment of 3.2% effective October 1, 2006. A cost of living
adjustment assists the City in maintaining a competitive market position with regard to its salaries. In prior years
the Council has considered and elected to provide a cost of living adjustment for the Management Group which is
consistent with that provided to the SEIU/OPEU bargaining unit. The City Council considered this matter at their
September 12th meeting. This agenda item reflects Council's direction at that time.
OTHER ALTERNATIVES CONSIDERED
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable
ATTACHMENT LIST
Salary scheduled for Management/Supervisory/Confidential Group effective October 1, 2006
FISCAL NOTES
The total cost of this increase has been budgeted for FY06-07
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL.
RESOLUTION NO.06-2 7
A RESOLUTION TO APPROVE A COST OF LIVING ADJUSTMENT FOR
MANAGEMENT/SUPERVISORY/CONFIDENTIAL GROUP EMPLOYEES EFFECTIVE
OCTOBER 1, 2006 AND AMEND THE EXISTING SALARY SCHEDULE (EXHIBIT A)
WHEREAS, the current salary schedule for Management/Supervisory/Confidential Group
employees was last amended for a cost of living adjustment effective October 1, 2005; and
WHEREAS, the Management/Supervisory/Confidential Group employees are not represented by a
collective bargaining agreement; and
WHEREAS, the City Council discussed the matter of an October 1, 2006 cost of living adjustment at
its September 12, 2006 meeting
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION l: A 3.2% cost of living adjustment effective October 1, 2006 is approved for the
Management/Supervisory/Confidential Group employees and the salary
scheduled, attached hereto as Exhibit A, is amended accordingly.
SECTION This resolution is effective immediately upon passage.
PASSED: This day of n 2006.
Mayor/- City of Tigard
ATTEST:
#O-e City Recorder - City of Tigard
RESOLUTION NO. 06 -
Pagel
CITY OF TIGARD, OREGON COLA 103.20%
Management/Professional Group COLA's are calculated on Monthly
Salary Schedule - Effective October 1, 2006 2007
Management
Range Category Position Title Pay Range
32 M3 Confidential Admin Spec I Hr 12.57 16.85
(City Administration) Mo 2,178 2,921
PP 1005.23 1348.15
Yr 26,136 35,052
38 M3 Confidential Admin Spec II Hr 14.58 19.55
(City Administration) Mo 2,527 3,389
PP 1,166.31 1,564.15
Yr 30,324 40,668
41 M3 Human Resources Assistant Hr 15.70 21.03
MID 2,722 3,646
PP 1,256.31 1,682.77
Yr 32,664 43,752
44 M3 Confidential Executive Assistant Hr 16.94 22.70
M3 Lib Tech Srvcs Cordnr Mo 2,936 3,934
M3 Volunteer Coordinator PP 1,355.08 1,815.69
Yr 35,232 47,208
45 M3 Executive Assist to City Admin Hr 17.37 23.28
M3 Payroll Specialist Mo 3,011 4,035
M3 Risk Technician PP 1,389.69 1,862.31
Yr 36,132 48,420
46 M3 Assistant Planner Hr 17.82 23.88
M3 Program Assistant Mo 3,089 4,139
PP 1,425.69 1,910.31
Yr 37,068 49,668
47 M3 Buyer Hr 18.30 24.52
M2 Circulation Supervisor Mo 3,172 4,250
PP 1,464.00 1,961.54
Yr 38,064 51,000
49 M3 Micro Comp Support Tech Hr 19.23 25.74
Mo 3,333 4,461
PP 1,538.31 2,058.92
Yr 39,996 53,532
50 M3 Police Records Supervisor Hr 19.71 26.42
M3 Program Development Specialist Mo 3,416 4,579
M2 Readers Service Specialist PP 1,576.62 2,113.38
Yr 40,992 54,948
52 M3 Accountant Hr 20.73 27.78
M3 Associate Planner Mo 3,593 4,816
M3 Facilities Services Coordinator PP 1,658.31 2,222.77
M3 Fleet Services Coordinator Yr 43,116 57,792
M2 Library Tech Srvcs Specialist
53 M3 Human Resources Analyst Hr 21.26 28.52
Mo 3,685 4,943
PP 1,700.77 2,281.38
Yr 44,220 59,316
54 M3 GIS Coordinator Hr 21.83 29.26
M3 Grounds Supervisor Mo 3,784 5,071
M2 Library Services Supervisor PP 1,746.46 2,340.46
M3 Police Systems Specialist Yr 45,408 60,852
M3 Streets Supervisor
M3 Wasterwater Ops Supervisor
M3 Water Operations Supervisor
55 M2 City Recorder Hr 22.38 29.99
Mo 3,879 5,199
PP 1,790.31 2,399.54
Yr 46,548 62,388
56 M3 Mgmt Analyst Hr 22.95 30.77
M3 Senior Accountant Mo 3,978 5,334
M3 Senior Planner PP 1,836.00 2,461.85
Yr 47,736 64,008
57 M2 Senior Human Resources Analyst Hr 23.53 31.53
Management
Range Category Position Title Pay Range
Mo 4,078 5,465
PP 1,882.15 2,522.31
Yr 48,936 65,580
58 M3 Accounting Supervisor Hr 24.15 32.37
M2 Administrative Svcs Mgr Mo 4,186 5,610
M2 Library Division Mgr PP 1,932.00 2,589.23
M2 Project Engineer Yr 50,232 67,320
M3 Right of Way Administrator
59 M2 Plans Examination Supervisor Hr 24.75 33.17
Mo 4,290 5,750
PP 1,980.00 2,653.85
Yr 51,480 69,000
60 M2 Inspection Supervisor Hr 25.40 34.02
M2 Senior Management Analyst/Risk Mo 4,403 5,897
M3 Web Administrator PP 2,032.15 2,721.69
Yr 52,836 70,764
61 M2 Financial Operations Mgr Hr 26.04 34.90
M2 Parks and Facilities Mgr Mo 4,514 6,050
M2 Planning Manager PP 2,083.38 2,792.31
M2 Public Works Manager Yr 54,168 72,600
M2 Utility Division Mgr
100 M3 Police Sergeant Hr 26.80 35.91
Mo 4,645 6,225
PP 2,143.85 2,873.08
Yr 55,740 74,700
64 M2 Engineering Manager Hr 28.11 37.67
Mo 4,872 6,529
PP 2,248.62 3,013.38
Yr 58,464 78,348
66 M2 Building Offical Hr 29.57 39.62
Mo 5,126 6,868
PP 2,365.85 3,169.85
Yr 61,512 82,416
106 M2 Police Lieutenant Hr 30.87 41.37
Mo 5,350 7,170
PP 2,469.23 3,309.23
Yr 64,200 86,040
68 M2 Assistant Public Works Director Hr 31.10 41.67
M2 Assistant to City Administrator Mo 5,390 7,222
PP 2,487.69 3,333.23
Yr 64,680 86,664
70 M2 Human Resources Director Hr 32.72 43.83
M2 Information Technology Director Mo 5,671 7,598
PP 2,617.38 3,506.77
Yr 68,052 91,176
109 M2 Police Captain Hr 33.01 44.23
Mo 5,721 7,667
PP 2,640.46 3,538.62
Yr 68,652 92,004
72 M1 Assistant City Manager Hr 34.41 46.11
M1 Capital Construction and Trans Engineer Mo 5,965 7,992
M1 Community Dev Director PP 2,753.08 3,688.62
M1 Financial & Information Services Director Yr 71,580 95,904
M1 Library Director.
M1 Public Works Director
112 M2 Assistant Police Chief Hr 36.41 48.77
Mo 6,311 8,453
PP 2,912.77 3,901.38
Yr 75,732 101,436
114 M1 Police Chief Hr 38.22 51.21
Mo 6,625 8,876
PP 3,057.69 4,096.62
Yr 79,500 106,512
Q.,
Agenda Item # 3
Meeting Date September 26, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Approval of Munici al Court ud e's Personal Services Agreement
Prepared By: Nadine Robinso Dept Head Approval: City Mgr Approval:
I V1-
ISSUE BEFORE THE COUNCIL
Should Council enter into a new personal services agreement with Michael J. O'Brien to provide service as
Tigard's Municipal Court Judge?
STAFF RECOMMENDATION
Approve the resolution renewing Michael O'Brien's personal services agreement.
KEY FACTS AND INFORMATION SUMMARY
Section 10 of the City Charter designates the municipal judge as an officer of the City. Historically, City
Council has set the municipal judge's term of service, the expectations and amount of compensation through
resolution. Since 1988, the City has outlined the scope of the judge's duties and established compensation by
entering into a personal services agreement with the municipal judge.
Judge O'Brien has served as a Tigard Municipal Court judge since October 1989. The municipal court
continues to provide a local forum for resolution of parking, minor traffic, code violations, limited
misdemeanors cases and juvenile offenses.
With approval of this agreement, for the 2006-2007 fiscal year, judge O'Brien will be compensated $39,000
to preside over hearings, review and update municipal court rules and procedures, provide an annual court
report and conduct research. Judge O'Brien's compensation was last adjusted in the 2004-2005 fiscal year.
The proposed compensation reflects a 4% adjustment from the judge's current compensation. The
agreement is for two years and allows for review of compensation at the end of fiscal year 2007-2008 or if
caseload or other projects result in extended judicial hours.
OTHER ALTERNATIVES CONSIDERED
None.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
None.
ATTACHMENT LIST
Resolution
Personal Services agreement.
FISCAL NOTES
Sufficient funds are included in the 2006-2007 budget.
I:tadmleathyVo msW00tcouncII agenda item summary sheet 06 -June revision.doc
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 06- 60.
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING A PERSONAL
SERVICES AGREEMENT WITH MICHAEL J. OTRIEN, MUNICIPAL COURT JUDGE
WHEREAS, Section 10 of the Tigard City Charter provides for the office of Municipal Judge; and
WHEREAS, Michael O'Brien served as a Municipal Court Pro-tern judge from October 23, 1989 to
June 30,1992 and has served as Municipal judge since July 1,1992; and
WHEREAS, the Tigard City Council has found judge O'Brien's performance to be satisfactory; and
WHEREAS, the City Council wishes to continue the understood reporting procedure between the
City and Municipal Judge;
NOW, THEREFORE, BE IT RESOLVED by the 'Tigard City Council that:
SECTION 1: A personal services agreement is entered into by mutual agreement of the parties as
set forth in the attached Exhibit "A". This agreement will take effect September 26, 2006 and shall
repeal and replace all prior verbal and written agreements.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This a day of 2006.
Mayor - CA of Tigard
ATTEST:
`Q~6- City Recorder - City of igard
RESOLUTION NO. 06 -
Page 1
CITY OF TIGARD, OREGON
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 26th of September, 2006, by and between
the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called
City, and Michael 1. O'Brien, hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Contractor, and
City has determined that Contractor is qualified and capable of performing the professional
services as City does hereinafter require, under those terms and conditions set forth:
Therefore, the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services on 26th of September, 2006 upon receipt of City's notice to
proceed, together with an executed copy of this Agreement. Contractor agrees to provide
the following services as the Municipal Court Judge:
• Preside over arraignments, trials, and hearings for the following case types: civil
infractions, criminal cases, juvenile violations, traffic violations, and parking citations;
• Oversee the Municipal Court judicial function;
• Update court orders and rules as needed;
• Provide an annual report to City Council;
• Research and additional projects as agreed to by the Municipal CourtJudge and
Administrative Services Manager.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the 26th of Set r 2006 and shall expire,
unless otherwise terminated or extended, on the 30th of Inge 2008.
COMPENSATION
City agrees to pay Contractor an amount not to exceed thirty-nine thousand dollars
($3 09, 00.00) in the 2006-2007 fiscal year for performance of those services described in this
Agreement, including any payments made during the current fiscal year prior to the date of
this Agreement.
Compensation will be reviewed at the end of the 2006-2007 fiscal year to determine what
adjustment is appropriate. If the court's caseload increases significantly, and results in a
substantial increase in the Municipal Court judge's hours, both parties agree to negotiate an
appropriate adjustment in Municipal Court judge's rate of compensation.
Payment will be made based on Contractor's invoice, subject to the approval of Nadine
Robinson, Administrative Services Mananger and not more frequently than bi-monthly.
Payment shall be payable within fifteen (15) days from the date of receipt by the City.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal
delivery, mail, or fax. Payments may be delivered by personal delivery, mail, or electronic
transfer. The following addresses and contacts shall be used to transmit notices, bills,
payments, and other information:
Contact Manager for City: Contact Manager for Contractor:
City of Tigard Company: Michael J. O'Brien
Attn: Nadine Robinson, Admin Services Mananger Address: : PO Box 711
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: Forest Grove, OR 97116
Phone: 503-639-4171 ext. 2481 Phone: 503-357-0144
Fax: 503-684-7297 Fax: 503-359-4539
Email Address: Nadine@dgard-or.gov Email Address: rune777CLverizon.net
CONTRACTOR As INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent contractor as defined by ORS 670.600 and not an
employee of City, shall not be entitled to benefits of any kind to which an employee of City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall be entitled to offset compensation
due, or to demand repayment of any amounts paid to Contractor under the terms of this
Agreement, to the full extent of any benefits or other remuneration Contractor receives (from
City or third party) as a result of said finding and to the full extent of any payments that City is
required to make (to Contractor or to a third party) as a result of said finding.
Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an
officer, employee, or agent of the City as those terms are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement
to enter into this Agreement. Contractor warrants that all its work will be performed in
accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal, state and local laws, it being understood that acceptance of a
contractor's work by City shall not operate as a waiver or release.
City will defend and indemnify Municipal CourtJudge for all actions taken while Municipal
Court judge is performing within the scope and responsibilities of the municipal court judge as
provided in this agreement to the extent of the City's obligation pursuant to the Oregon
Revised Statutes.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30th
of June 2007 shall be accompanied by sixty (60) days written notice to the other party prior
to the date termination would take effect. There shall be no penalty for early termination. If
City terminates the contract pursuant to this paragraph, it shall pay Contractor for services
rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Contractor which result from this Agreement, including any computations, correspondence or
pertinent data and information gathered by or computed by Contractor prior to termination of
this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
GovERNiNG LAw
Contractor shall comply with all applicable federal, state and local laws; and rules and
regulations on non-discrimination in employment because of race, color, ancestry, national
origin, religion, sex, marital status, age, medical condition or disability. The provisions of this
Agreement shall be construed in accordance with the provisions of the laws of the State of
Oregon. All provisions required by ORS Chapter 279 to be included in a contract of this type
are incorporated into this Agreement as though fully set forth herein. Any action or suits
involving any question arising under this Agreement must be brought in the appropriate court
of the State of Oregon.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made, shall be effective only in specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Contractor, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly
authorized undersigned officer and Contractor has executed this Agreement on the date
hereinabove first written.
CITY OF TIGARD CONTRACTOR
By: Authorized City staff By: Contractor
Date Date
Agenda Item # 3 • 5 q
Meeting Date September 26, 2006
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Contract Award for Water Quality Analysis Services
Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board award a contract for the City's required water quality analysis services
to Alexin Analytical Laboratories and authorize staff to take the necessary steps to formalize and execute the
contract?
STAFF RECOMMENDATION
Staff is recommending that the Local Contract Review Board award the contract for water quality analysis
services to Alexin Analytical Laboratories and authorize staff to take the necessary steps to complete and
execute the contract.
KEY FACTS AND INFORMATION SUMMARY
In accordance with the rules and regulations outlined by the Oregon Department of Human Service's Drinking
Water Program OAR Chapter 333, the City, in conjunction with an approved laboratory, must perform a
variety of drinking water analyses to monitor water quality. The type of analysis performed and quantity of
samples collected are based upon the type of water source and population served. These analyses include, but
are not limited to, total coliforms, organics, disinfection by-products, and nitrates.
In response to these needs, the City issued a Request for Proposals for water quality analysis and collection
services on August 18, 2006 with proposals due on August 30, 2006. While the City directly mailed copies of
the Request for Proposals to multiple laboratories in the region, only two laboratories responded to the
solicitation, one with a full proposal and one respectively declining the work. Alexin Analytical Laboratories,
the City's current water quality analysis service provider, was the only lab that submitted a full proposal.
A proposal review team made up of Public Works Water Division staff conducted a full review of Alexin's
proposal and found them to be fully competent to perform the required services. Therefore, staff recommends
the award of a contract for a term of one year, with four additional one-year options, to Alexin Analytical
Laboratories for the City's water quality analysis services.
OTHER ALTERNATIVES CONSIDERED
The Local Contract Review Board Council could choose not to award the contract and could direct staff on
how to proceed in securing water quality analysis services for the City.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
None.
ATTACHMENT LIST
None.
FISCAL NOTES
This contract provides water quality analysis services on a unit-cost basis. Since testing requirements may
change, it is difficult to predict the exact cost of water quality analysis services for the year. However, staff
believes the $75,500 budgeted in fiscal year 2006-2007 will adequately cover testing costs.
The total expense of the contract, if all five years are exercised, is not expected to exceed $350,000. These
figures assume work on aquifer storage and recovery (ASR) well #3 will begin in fiscal year 2006-2007 and
work on ASR well #4 will begin in fiscal year 2007-2008. These figures also assume the State will continue
to require the City conduct the extensive sampling currently required for ASR wells.
Agenda Item #
Meeting Date September 26, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Intergovernmental Agreement (IGA) for the Development of Faring and Summer
Creek Wetland Mitigation Sites
Prepared By: Dennis Koellermeier Dept Head Approval: -J& City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Consider the IGA between Tri-County Metropolitan Transportation District (TriMet), Clean Water Services
(CWS), and the City of Tigard to complete wetland mitigation associated with the construction of commuter
rail improvements and authorize the City Manager to execute the agreement.
STAFF RECOMMENDATION
Approve and authorize the City Manager to execute the IGA.
KEY FACTS AND INFORMATION SUMMARY
• TriMet is currently developing a section of new commuter rail that will serve Tigard and run for 14.7
miles from Beaverton to Wilsonville.
• Construction of the new commuter rail project will impact wetlands along the route and will require
wetland mitigation.
• This agreement will allow TriMet to use City of Tigard property for all of the project's wetland
mitigation requirements.
• Clean Water Services will construct the wetland mitigation projects and will monitor and prepare
annual reports on the progress of the sites. Restoration of the mitigation sites will be completed in
conjunction with stream restoration as part of the Healthy Streams Plan. The Council heard a
presentation on the Healthy Streams Plan at its March 28, 2006 meeting.
• The City's obligations under this agreement are limited to providing land, assisting with permitting and
accommodating trail closures during construction.
• A total of 10.85 acres of wetlands will be restored along Fanno and Summer Creeks as a result of the
mitigation project.
• Project construction is expected to take one year and CWS will monitor and maintain the
improvements for several years after the construction has been completed.
• Although some staff time will be devoted to the project, the City will incur no direct costs.
• Tigard is the final partner to consider the agreement, which has already been approved by CWS and
TriMet.
OTHER ALTERNATIVES CONSIDERED
The Council could choose not to approve the IGA.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Participation in this three party IGA supports a number of the City's Vision Task Force Goals by; (1)
protecting the natural environment and protecting and restoring open space, (2) serving as an effective
stormwater management tool by expanding the capacity and improving the condition of wetlands that retain
stormwater, and (3) supporting downtown redevelopment by working to restore a portion of the "green heart"
of Tigard along Fanno Creek.
The specific goals addressed include:
Urban and Public Services - Parks and Greenways Goal 2: "Open space and greenway areas shall be
preserved and protected."
Urban and Public Services - Water and Stormwater Goal 3: "Stormwater runoff is effectively managed."
ATTACHMENT LIST
1. IGA for Development of Fanno Creek and Summer Creek Wetlands Mitigation Site
FISCAL NOTES
The City will not incur any direct costs, however, City staff will devote time to the project by responding to
citizen questions and assisting with permitting and trail access during construction.
I:tadm%cathylformsV0Mwund1 agenda Nom summary sheet 00-June revision.doc
TriMet Contract No. ~WD(,Oi-144Tt,
INTERGOVERNMENTAL AGREEMENT
FOR DEVELOPMENT OF FANNO CREEK AND SUMMER CREEK
WETLANDS MITIGATION SITE
This Intergovernmental Agreement ("Agreement") is made and entered into by
and between Clean Water Services, a special service district ("CWS"), the Tri-County
Metropolitan Transportation District of Oregon, a mass transit district organized under
the laws of the state of Oregon ("TriMet"), and the City of Tigard, a political subdivision
of the State of Oregon ("City"), (each referred to herein as a "Party" and jointly referred
to herein as "the Parties"), as of the effective date shown below.
RECITALS
A. On or about October 1, 2002, the Cities of Tigard, Tualatin, Beaverton and
Wilsonville (collectively, "the Cities") and Washington County (the "County") executed
an Urban Services Intergovernmental Agreement ("Urban Services IGA") for the purpose
of allowing better coordination and design consistency between the Cities and the County
for the station areas for the Washington County Commuter Rail Project ("Project").
B. TriMet is advancing the Project through the Federal Transit Administration
process and through development of final plans and specifications for construction of the
Commuter Rail improvements.
C. As part of the Project, TriMet will apply to the U.S. Army Corps of Engineers
("Corps") and the Oregon Department of State Lands ("DSL") for fill and removal
permits. TriMet anticipates that a condition of those permits will be mitigation of
wetland impact via restoring or enhancing wetland areas along the corridor.
D. City owns land along Fanno Creek and has plans for restoring and enhancing
natural resource values of those lands.
E. CWS plans and implements projects to improve water quality, streams and
wetlands, and has projects in and around Fanno Creek in its current and future Capital
Improvements Plans.
F. TriMet is willing to advance the implementation of City's plans by funding
the design and construction of wetland mitigation improvements along Fanno Creek (the
"Wetland Mitigation Project") as part of TriMet's mitigation responsibilities under the
Corps and DSL permits for the Project.
G. CWS, TriMet and City have the authority to enter into intergovernmental
agreements under ORS Chapter 190.
NOW, THEREFORE, the premises being in general as stated in the foregoing
recitals, it is agreed by and between the Parties hereto as follows:
Page 1
TriMet Contract No.
AGREEMENT
1. Overview of Roles:
a. TriMet will design the Wetland Mitigation Project along Fanno Creek at
its sole expense and be responsible for permit applications. TriMet will provide to CWS
up to Four Hundred Ten Thousand Dollars ($410,000) for development, required
monitoring, maintenance and reporting on the Wetland Mitigation Project, and all other
costs to be incurred by CWS pursuant to this Agreement.
b. CWS will construct and maintain the Wetland Mitigation Project, and
shall cooperate with TriMet and provide comments as necessary to gain state and/or
federal permit approvals.
c. City will sponsor the Wetland Mitigation Project and allow entry and
access to construct and maintain the Wetland Mitigation Project along Fanno Creek, and
will continue to own the land that will contain the Wetland Mitigation Project
improvements.
2. CWS Obligations:
a. CWS shall construct the Wetland Mitigation Project improvements
substantially in accordance with the plan attached hereto as Exhibit A and incorporated
by this reference herein, and shall have performance and cost responsibilities for
correcting any deficiencies, as directed by the DSL. CWS shall give City and TriMet
reasonable opportunity to review and approve the construction methods.
b. CWS shall monitor and maintain the Wetland Mitigation Project
improvements as required by DSL, the Corps and the TriMet/CWS contract
specifications for up to five (5) years from completion of construction. Maintenance
activ'ities' shall- include, but not be limited to, invasive species removal, revegetation, and
other maintenance activities necessary to achieve successful wetland mitigation. CWS
shall maintain accurate records relating to its monitoring and maintenance activities.
CWS shall provide TriMet with access to all such records, as reasonably requested by
TriMet.
c. CWS shall make annual reports on the Wetland Mitigation Project
improvements area to DSL as required by OAR 141-085-0151. CWS shall ensure that
drafts of such reports are provided to TriMet for comment at least sixty (60) days prior to
the due date of such reports, and that copies of final reports are provided to TriMet
concurrent with their submission to DSL.
d. CWS shall invoice TriMet monthly for its direct costs incurred in
connection with performance of its obligations hereunder. Total costs to TriMet shall not
exceed Four Hundred Ten Thousand Dollars ($410,000). Invoices should be mailed to
TriMet's project manager at the address shown in Section 5.d. below.
Page 2
TriMet Contract No:
e. CWS shall respond to public calls arising from notices distributed by
TriMet pursuant to Section 3.e below.
3. TriMet Obligations:
a. TriMet shall be responsible for all permit applications for the Project,
including those required by the Corps and DSL for fills, removals and work associated
with Wetland Mitigation Project improvements.
b. TriMet shall design the Wetland Mitigation Project improvements at its
sole expense. TriMet shall give City and CWS reasonable opportunity to review and
approve the design.
c. TriMet shall pay CWS the sum of up to Four Hundred Ten Thousand
Dollars ($410,000) for CWS' construction, annual monitoring, maintenance and reporting
on the Wetland Mitigation Project improvements.
d. TriMet shall reimburse -CWS for all direct costs incurred by CWS in
performing its obligations hereunder. Total costs shall not exceed Four Hundred Ten
Thousand Dollars ($410,000). TriMet shall pay CWS within thirty (30) days of receipt
and approval of CWS's invoice. TriMet shall make payment to.CWS at the following
address:
Clean Water Services
2550 SW Hillsboro Hwy
Hillsboro, OR 97123
e. TriMet shall prepare and distribute notice to affected neighbors located
within 100' of the areas shown in Exhibit A regarding the Wetland Mitigation Project.
f. TriMet shall provide required agency staff at its own cost.
ions:
4. City Obligations:
a. The City agrees to allow TriMet, CWS and their respective contractors
and subcontractors entry and access to ten (10) acres, more or less, of City-owned land in
and around the four (4) project areas, to make the Wetland Mitigation Project
improvements. Areas and improvements shall be generally similar to those shown on
Exhibit A.
b. The City shall expeditiously review and act on any required applications
submitted for City permits, and shall use its best efforts to process and approve same.
Page 3
TriMet Contract No.
c. The City shall post signage regarding the Wetland Mitigation Project
along the trail route and close and/or manage trail accesses for the duration of the
Wetland Mitigation Project to maximize the safety of citizens and staff.
d. The City shall protect all mitigation sites as described in the attached
Exhibit B, in perpetuity and agrees to accept this provision of the IGA as a binding
agreement to protect the sites according to the requirements of DSL. The City
acknowledges and understands that protection for the sites is a requirement of DSL in
order to receive the proper permit approvals. In .addition, the City agrees to file a deed
restriction, conservation easement or other acceptable form of documentation with DSL
to ensure the sites are protected beyond the expiration of this Agreement.
e. The City shall cooperate with TriMet, and provide comments and
documentation as necessary to gain state and/or federal permit approvals.
f. The City shall make timely comments on design and construction plans
for the. Wetland. Mitigation Project. Such approval shall riot be unreasonably withheld,
conditioned or delayed.
g. The City shall accept CWS's work to the extent it fulfills the plans and
specifications for the work.
h. City shall provide TriMet with contact information so that TriMet may
fulfill its obligations under Section 3.e above.
i. The City shall provide required staff at its own cost.
5. General Provisions:
a. Relationship of the Parties. Each of the Parties hereto shall be deemed an
independent contractor for . purposes of this Agreement. No representative, agent,
employee or contractor of one Party shall be deemed to be an employee, agent or
contractor of any other Party for any purpose, except to the extent specifically provided
herein. Nothing herein is intended, nor shall it be construed, to create between the Parties
any relationship of principal and agent, partnership, joint venture or any similar
relationship, and each Party hereby specifically disclaims any such relationship.
b. Indemnification. Within the limits of the Oregon Constitution and the
Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the Parties
shall hold harmless, indemnify and defend the others and their officers, employees and
agents from and against all claims, demands, penalties, and causes of action of any kind
or character relating to or arising from this Agreement (including the cost of defense
thereof, including attorney fees) in favor of any person on account of personal injury,
death, damage to property, or violation of law, which arises out of, or results from, the
negligent acts or omissions of the indemnitor, its officers, employees, or agents.
Page 4
TriMet Contract No.
c. Compliance with Laws. The Parties shall comply with all federal, state and
local laws, regulations, executive orders and ordinances applicable to the work under this
Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515,
279C.520, 279C.530, which hereby are incorporated by reference. Without limiting the
generality of the foregoing, the Parties expressly agree to comply with: (i) Title VI of
Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and
administrative rules established pursuant to the foregoing laws; and (v) all other
applicable requirements of federal and state civil rights and rehabilitation statutes, riles
and regulations.
d. Project Managers. All routine correspondence and communication
regarding this Agreement shall be between the project managers:
TriMet: CWS: City:
Joe Walsh Peter Guillozet Brian Rager
TriMet Clean Water Services City of Tigard
710 NE Holladay Street 2550 SW Hillsboro Hwy 13125 SW Hall Blvd.
Portland OR 97232 Hillsboro, OR 97123 Tigard; OR 97223
Telephone (503) 962-2266 Telephone (503) 681-4470 Telephone (503) 718-2471
Facsimile (503) 962-2284 Facsimile (503) 681-3603 Facsimile (503) 684-8840
walshj@tn'met.org guillozetp@cleanwaterservices
.org
The Project Managers are authorized to approve work and billings, to give notices, to
terminate this Agreement and to carry out any other act referred to herein.
e. Entire Agreement; Modification; Waiver. This Agreement and attached
exhibits constitute the entire Agreement between the Parties on the subject matter hereof,
and supersede all, prior or contemporaneous written or oral understandings,
representations or communications of every kind. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this
Agreement. No course of dealing between the Parties and no usage of trade will be
relevant to supplement any term used in this Agreement. No waiver, consent,
modification or change of terms of this Agreement shall bind any Party unless in writing
and signed by all Parties. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of a
Party to enforce any provision of this Agreement shall not constitute a waiver by a Party
of that or any other provision.
f. Interruption of Services.
i. Force Majeure. Neither Party shall be liable to any other Party for any
failure of performance under this Agreement due to causes beyond its control, such as:
acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, or
action of any other government entity claiming jurisdiction over such Party (including
Page 5
TriMet Contract No.
delay or inaction in issuing necessary construction permits, use permits, or similar
authorizations), or of any instrumentality thereof of any civil or military authority;
national emergencies; unavailability of materials or right-of-way; insurrections; riots;
wars; or strikes, lock-outs, work stoppages or other labor difficulties (collectively, "force
majeure events"); provided that in the event of force majeure, the Party whose
performance is prevented or impaired shall provide notice to the other Parties within ten
(10) days of the occurrence of such event and shall thereafter use commercially
reasonable efforts to complete or correct the affected performance without undue delay.
ii. No Liability for Special, Consequential, Exemplary or Punitive
Damages. In no event shall any Party to this Agreement be liable to the others for
special, consequential, exemplary or punitive damages as a result of the performance or
non-performance of any obligations under, or acts or omissions related to, this
Agreement.
g. No Third-Party Beneficiary. Except as set forth herein, this Agreement is
between the Parties and creates no third-party beneficiaries. Nothing in this Agreement
gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to
any.third parties unless such third party is expressly described as an intended beneficiary
under this Agreement.
h. Effective and Termination Dates. This Agreement shall be effective on
the date the last Party executes the Agreement, and shall remain in effect until the
completion of all obligations created by this Agreement, but in no event later than 10
years from the effective date.
i. Early Termination of Agreement.
i. City, CWS, or TriMet, by mutual written agreement, may terminate this
Agreement at any time.
ii. Either City, CWS, or TriMet may terminate this Agreement in the event
of a breach of the Agreement by one of the other Parties. Prior to such termination,
however, the Party seeking the termination shall give the other Parties written notice of the
breach and of the Party's intent to terminate. If the breaching Party has not. entirely cured
the breach within thirty (30) days of the notice, then the Party giving the notice may
terminate the Agreement at any time thereafter by giving a written notice of termination.
j. Remedies. The remedies provided under this Agreement shall not be
exclusive. The Parties also shall be entitled to any other equitable and legal remedies that
are available.
k. Oregon Law, Dispute Resolution and Forum.
i. This Agreement shall be construed according to the laws of the
State of Oregon.
Page 6
TriMet Contract No.
Ii. TriMet, CWS and City shall negotiate in good faith to resolve any
dispute arising out of this Agreement. If the Parties are unable to resolve any dispute
within fourteen (14) calendar days, the Parties are free to pursue any legal remedies that
maybe available.
Ili. Any litigation between City, CWS and TriMet arising under this
Agreement or out of work performed under this Agreement shall occur, if in the state
courts, in the Multnomah County Circuit Court, and if in the federal courts, in the United
States District Court for the District of Oregon located in Portland, Oregon.
1. Subcontracting. City and TriMet acknowledge that CWS may intend to
contract or subcontract its work under this Agreement, in whole or in part. City and
TriMet agree to CWS's contracting or subcontracting and no specific approval of any of
CWS's contractors or subcontractors is required.. CWS shall require any contractor or
subcontractor to agree, as to the portion contracted or subcontracted, to fulfill all
applicable obligations of CWS as specified in this Agreement.
in. Severability/Survivability. If any provision of this Agreement is found to
be illegal or unenforceable, this Agreement nevertheless shall remain in full force and
effect and the provision shall be stricken. All provisions concerning indemnity survive
the termination of this Agreement for any cause.
n. Interpretation of Agreement. This Agreement shall not be construed for or
against any Party by reason of the authorship or alleged authorship of any provision. The
Section headings contained in this Agreement are for ease of reference only and shall not
be used in construing or interpreting this Agreement.
o. Approval Required. This Agreement and amendments shall become
effective when approved by 1) CWS's General Manager or the General Manager's
designee, and when required by applicable CWS rules, CWS's Board of Directors, 2)
TriMet's General Manager or the General Manager's designee, and when required by
TriMet's rules, TriMet's Board of Directors, and 3) the Tigard City Council.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective
the date first noted herein.
Page 7
TriMet Contract No.
TRI-COUNTY METROPOLITAN CITY OF TIGARD
TRANSPORTATION DISTRICT OF
OREGON
By:
Neil McFarlane, Executive Director Title:
Date: else, /or, Date:
APPROVED AS TO FO APPROVED AS TO FORM:
By: By: .
T ara H. Lewis
De uty General Counsel
CLE ATE S VI ES
~p~ ill Gener ager
Date: - -
APPROVED AS TO FORM
Lisa Hershey
CWS Counsel
r
Page 8
TriMet Contract No.
Exhibit A
Wetland Mitigation Areas
(Map/Drawing)
Page 9
LEGEND 1 T2S, R1W, SEC2
MITIGATION SITE BOUNDARY ;
- FANNO CREEK
PAVED PATH ' y
PARCEL BOUNDARY
EXISTING CONTOUR
PLANNED CONTOUR
• MANHOLE `t
MITIGATION AREA: 1.95 ACRES ` •i''~~
CUT VOLUME: 130 CUBIC YARDS
EXISTING UNDERGROUND
DRAIN PIPE. PLUG PIPE INLET
WITH CONCRETE, BREAK ACCESS
DRAIN TILE AND COMPACT FROM
SOIL TO 90% COMPACTION
PAVED [EXISTING
RESTORATION AREA CULVERTS
ENNANCEIxENT AREA 6,752 SF (0.20 AC) ATH INLET I.E. =
76,103 SF (1.75 Ac) 138.43'
138.57'
-138.46'
140
14 141 V
v
a,' ' X42 139 139
14,3 14
EXISTING --gib
CULVERT p 141 -
OUTLET I.. 145.96'` 798
' CHELSEA LP w,
INVERT OF EXISTING CONCRETE CULVERT
EXISTING GRADE -10100
i PROPOSED GRADE . (48
148 .
c~ .
147 . 147
_ 146. _ 146,x° :
145./ih \ 145
r 144 144
147. !~/i /i 143 it
VERT: 1"-6' REPLACED TOPSOIL Overexcavate by 0.5 foot. Topsoil to 0.5 foot depth will be
11
HORIZ: 1.60' stored temporarily within wetland immediately adjacent to
CROSS SECTION D-D' " grading activity while subsoil is removed. Topsoil will be
replaced to match proposed contours.
N
File name:
ateme:F~ Dy.al FEET SITE D GRADING PLAN
Cre ame: edited by: 6y: JAB
Date last updated: 06130/06 0 20 40 80
Reference: 1.26024 MITIGATION PLAN
Mep data are 11, property of the sources listed belo.r WASHINGTON COUNTY COMMUTER RAIL
Inaccuracies may exist, and Adoltson Associates, Inc. Implies no warranties or
A a a L. a a. guaanteesCE: Olak, regarding Inc.anyaspect March of 2006data depiction.
SOUR TIGARD, WASHINGTON COUNTY, OREGON
, .
CROSS SECTION I-I'
Overexcavate by 0.5 foot. Topsoil to 0.5 foot depth
will be stored temporarily within wetland immediately
adjacent to grading activity while subsoil is removed. EXISTING GRADE
Topsoil will be replaced to match proposed contours. PROPOSED GRADE
APPROX. TYPICAL
,y WATER LEVEL.IN MARCH
j 141 141
I 140. 140
m .~r
.J O 139. y .139
J 142
Q 138..... 138
141 137. 137
EXISTING 1q0 NOFHERN WETLAND 136 136
CULVERT MITIGATION AREA
INTLET I.E.= 138.12' 26,176 SF HORZ: 1'=60' REPLACED TOPSOIL
LEGEND
~,.~„~,,,,,~,~,•_r,~,_ ~ - - MITIGATION SITE BOUNDARY
ACCESSi FROM• - - -
HAL IBLVD - WETLAND BOUNDARY
III ' -\g9. 138 WATERWAY
PARCEL BOUNDARY
EXISTING CONTOUR
1,39 / PLANNED CONTOUR
J / _~3 ® UNCONSOLIDATED BED
(WATERWAY)
loe
- MITIGATION AREA: 1.04 ACRES
EXISTING II ` -
CUT VOLUME: 16 CUBIC YARDS
PAVED PATH
i Y I T2S, R1 W, SEC2
SOUTHERN WETLAND
\ MITIGATION AREA
19,208 SF
5. 1 A ti / \
m 0
.i = EX jS
TlI yG I
II IgCCFSS \ ,m~~
EASEMENT
TOP OF BANK
1 1"„~...''~~ r.^•-.".'^^••'✓` ~."I~ ~ rte''!.-.-~`..•.......✓L~......• ~~-..,.J ^l, p..
TOP OF BANK FANNO CREEK N
File name: FIg_lyrading.al FEET SITE i GRADING PLAN
Daeelwv ~pdal d: 0613moa 0 20 40 80
Reference: 1.26024 ADDENDUM TO WETLAND MITIGATION PLAN
Map data aralneproperty ofthesaurceslisted oelow. WASHINGTON COUNTY COMMUTER RAIL
Inaccuracies may exist, and Adollson Assoaales, Inc. Implies no wananlies or
0 0 L r s • . guarantees regerdinganyaspect oldaladepiction.
SOURCE: Olak, Inc., March 2006 TIGARD, WASHINGTON COUNTY, OREGON
.
- - .
CROSS SECTION J-J'
I h
EXISTING GRADE APPROX. TYPICAL
WATER LEVEL IN MARCH W /
PROPOSED GRADE.,:. ^ynJ d •I
8 -TI
153
152...:. 152 v r .
151 151
-c-~`- \
150 150 r ly
~ \ : «ii(ii:!i~i :•t ~ e:::.• ~ % i
149
149.
/ ~ '3yy.,t~' I
............................148 'j
148
147 .......................................147
w
VERT: 1'-8' {{tp'~
HORIZ: 1'~60~ REPLACED TOPSOIL 9 r•t tl~ I V
Overexcavate by 0.5 foot. Topsoil to 0.5 foot depth . OfRO t I
will be stored temporarily within wetland immediately I
W PAVED"PA. ; ,
adjacent to grading activity while subsoil is removed. 1-
Topsoil will be replaced to match proposed contours. I W "
W 151 l f
Z ~I 0
F -
AREA J-1
W) N
LEGEND 149 x
MITIGATION SITE BOUNDARY 150 AREA J-2
WATERWAY /
PAVED PATH
PARCEL BOUNDARY / i 0
EXISTING CONTOUR
PLANNED CONTOUR
MITIGATION AREA: 2.63 ACRES ACCESS FR,
~
CUT VOLUME: 197 CUBIC YARDS PAVED PAT a FANNO CREEK
yo
I ~
AREA J-3
c T1S, R1W, SEC34
~ PLAN VIEW I
SW TIGARD ST
File name: Fig J_gmding.al FEET SITE J GRADING PLAN
CreeleMast adlletl Oy JAB 0 25 50 100
Dale last uptldied: 06/70/08
Relerence:l.2fiD24 MITIGATION PLAN
M ad data are the property of the scurreslisted below. WASHINGTON COUNTY COMMUTER RAIL
accuracles may a4si, and Adoltson Associates, Inc. implies no warranim or
• o o r . e e e uaranteas regarding any aspect ddata depiction. TIGARD, WASHINGTON COUNTY, OREGON
SOURCE: Otak, Inc., March 2006.
LEGEND HAWKS BEARD STREET T1S, R1W, SEC34
- MITIGATION SITE BOUNDARY
SUMMER CREEK CENTERLINE ACCESS -
- - - = PARCEL BOUNDARY TO SITE
EXISTING CONTOUR
PLANNED CONTOUR
• MANHOLE °
r 178
d
TOTAL MITIGATION AREA: 5.23 ACRES 17pp
7 ~ t
CUT VOLUME: 214 CUBIC YARDS yaw
7j6
MATCHLINE ~ 175
Wa
W z / 174 i
30 i
O a4 173
O C7 ..e 724-~~
Z ~ / 172172 171 ` 773_
z
o ~J
171 ~ 171 C769
~ 170
~ !
_ • 769
17
Top or BANK'
^ 171 • /S✓
16169
177
BEAVER POND
I
• • / • TOP OF BANK
17
Nw"•
Overexcavate by 0.5 foot. Topsoil to 0.5 foot depth will be
stored temporarily within wetland immediately adjacent to
grading activity while subsoil is removed. Topsoil will be
replaced to match proposed contours.
N
File name: Fig_K_grading_E.al FEET EASTERN SITE K GRADING PLAN
Dal last updated: 07/08/06 0 25 50 100
Reverence: 1.28024 ADDENDUM TO. MITIGATION PLAN
Map data are me progeny of the sources listed below. WASHINGTON COUNTY COMMUTER RAIL
Inaccuracies may exist, and Adollson Associates, Inc. implies no warranlles or
guar"loes regarding any aspect of data depiction.
♦ e e r . e a
SOURC TIGARD, WASHINGTON COUNTY, OREGON
SOURCE: Olak, Inc., March 2006 2006.
LEGEND T1 S, R1 W, SEC34
- MITIGATION SITE BOUNDARY
SUMMER CREEK CENTERLINE ACCESS TO SITE
PARCEL BOUNDARY FROM HAWK'S
EXISTING CONTOUR BEARD STREET MATCHLINE
:4 0
PLANNED CONTOUR 1n"
m z
• MANHOLE c 2 .
~m
00
TOTAL MITIGATION AREA: 5.23 ACRES 0
CUT VOLUME: 214 CUBIC YARDS z m
z
1> \173 ~72r 17
3 ~
/1T 7>Z 172 ^ •
r • r>a ^
- • 70P OF BANK 171 170- 17 >7 170
O BANK • ` e /
170 0
I 173 ' ` 11 r>0 TOP DF Bp11K I • I z
4 •~i~ Top OFS
N ~ / • L.L.
-175 ` _ 7>r I
~ ~~.s 172 m
4au.~.
135TH AVE
APPROX. TYPICAL
WATER LEVEL IN MARCH
EXISTING GRADE
PROPOSED GRADE
174-- . . . 174
173 . 173
172 172
171 ....................171
..T .
170 / ..............................170
169 / 169
168 168
Overexcavate by 0.5 foot. Topsoil to 0.5 foot depth will be VERI 1'=s'
y HORI2: 1"a60' REPLACED TOPSOIL
stored temporarily within wetland immediately adjacent to
grading activity while subsoil is removed. Topsoil will be
replaced to match proposed contours. CROSS SECTION K-K'
N
File neme:Fedited by: JA_w.al FEET WESTERN SITE K GRADING PLAN
Dal ...'.pda ad: 07/06106 0 25 50 100
Cre.dn a[ Reference: 1.26024 ADDENDUM TO MITIGATION PLAN
Map dataare the property of the sources listed below. WASHINGTON COUNTY COMMUTER RAIL
Inaccuracies may exist, and Adollson Associates, Inc Implies no warranties or
A e e l r ! e 9 guarantees regarding any aspect of data depiction.
SOURCE: Olak, Inc., March 2006 TIGARD, WASHINGTON COUNTY, OREGON
.
ThMet Contract No.
Exhibit B
Wetland Mitigation Areas
(Legal Descriptions)
Page 10
Exhibit "B"
Wetland Mitigation Area 'D'
2S 1 02DB 500
Commuter Rail Project
Jack Carlson, Otak, Inc., 7/2612006
Amended:
Parcel(s): 1
Parcel I-Wetland Mitigation Area 'D'
A parcel of land in the southeast one-quarter of Section 2, Township 2 South, Range
1 West, W.M., Washington County, Oregon, to wit:
Beginning at a point which bears S.61 °42'58"W., a distance of 1450.81 feet from
the east one-quarter corner of said Section 2; thence N.55010'02"W., a distance of
39.35 feet; thence N.21 °38'05"W., a distance of 29.90 feet; thence N.14°10'31 "E., a
distance of 23.83 feet; thence N.56°12'27"W., a distance of 90.06 feet; thence
S.16°56'06"E., a distance of 37.20 feet; thence S.47°00'44"E., a distance of 21.37
feet; thence S.16°10'50"W., a distance of 20.29 feet; thence S.77045'51 "W., a
distance of 37.31 feet; thence N.7605528"W., a distance of 45.99 feet; thence
N.60°51'51 "W., a distance of 41.03 feet; thence N.22'51'1 9"E., a distance of 64.30
feet; thence N.28°12'35"W., a distance of 26.45 feet; thence S.73°42'14"W., a
distance of 45.92 feet; thence S.38008'1 9"W., a distance of 36.78 feet; thence
N.86052'55"W., a distance of 11.48 feet; thence N.24033'32"W., a distance of 34.09
feet; thence N.68029'27W., a distance of 21.13 feet; thence S.82°49'30"W., a
distance of 24.99 feet; thence S.64°33'09"W., a distance of 39.23 feet; thence
N.65020'55"W., a distance of 60.41 feet; thence S.41 °40'14"VV., a distance of 22.57
feet; thence N.55°09'45"W., a distance of 35.29 feet; thence S.67036'06"W., a
distance of 121.01 feet; thence S.40°55'51"E., a distance of 268.64 feet; thence
N.74042'06"E., a distance of 91.74 feet; thence N.67034'02"E., a distance of 88.25
feet; thence S.87028'16"E., a distance of 65.59 feet; thence N.88023'53"E., a
distance of 63.28 feet; thence N.82°56'16"E., a distance of 90.47 feet; thence
N.41 °56'35"E., a distance of 21.82 feet to the Point of Beginning.
The parcel of land to which this description applies contains 1.885 acres, more or
less.
Bearings are based on the Oregon Coordinate System of 1983, North Zone.
Wetland Mitigation Area D Description.doc 1 of 1
Exhibit "B"
Wetland Mitigation Area 'I'
2S 1 02DA 600
Commuter Rail Project
Jack Carlson, Otak, Inc., 7/26/2006
Amended:
Parcel(s): 2
Parcel I-North Wetland Mitigation Area 'I'
A parcel of land in the southeast one-quarter of Section 2, Township 2 South., Range
1 West, W.M., Washington County, Oregon, to wit:
Beginning at a point which bears S.36°1 3'54"W., a distance of 530.76 feet from the
east one-quarter corner of said Section 2; thence S.01 053'25"W., a distance of
34.85 feet; thence S.89°49'51 "E., a distance of 11.29 feet; thence S.01 054'42"E., a
distance of 15.34 feet; thence S.06010'41"W., a distance of 38.04 feet; thence
S.10°30'11 "W., a distance of 57.36 feet; thence S.56°28'48"E., a distance of 26.42
feet; thence S.50°32'13"E., a distance of 33.46 feet; thence S.77°46'07"E., a
distance of 37.50 feet; thence N.33055'17"E., a distance of 22.52 feet; thence
N.55°51'43"E., a distance of 36.78 feet; thence N.66002'26"E., a distance of 39.84
feet; thence S.86°13'57"E., a distance of 25.47 feet; thence N.48006'52"E., a
distance of 18.38 feet; thence N.19°45'39"E., a distance of 23.11 feet; thence
N.19°12'08"W., a distance of 13.59 feet; thence N.87°2424"E., a distance of 11.53
feet; thence N.45030'47"W., a distance of 87.47 feet; thence N.70016'15"W., a
distance of 62.81 feet; thence N.87012'35"W., a distance of 92.58 feet to the Point
of Beginning.
The parcel of land to which this description applies contains 0.663 acres, more or
less.
Parcel II-South Wetland Mitigation Area `I'
A parcel of land in the southwest one-quarter of Section 1 and the southeast one-
quarter of Section 2, Township 2 South, Range 1 West, W.M., Washington County,
Oregon, to wit:
Beginning at a point which bears S.13°31'16"W., a distance of 683.77 feet from the
east one-quarter corner of said Section 2; thence S.61 °13'14"W., a distance of
18.22 feet; thence N.72°01'04" W., a distance of 33.57 feet; thence S.54054'03"W.,
a distance of 26.35 feet; thence N.52°17'21"W., a distance of 31.28 feet; thence
S.12°11'38"W., a distance of 23.26 feet; thence S.32°08'22"E., a distance of 47.28
feet; thence S.01 008'09" E., a distance of 38.12 feet; thence S.74009'57"E., a
Wedand Mitigation Area I Descdption.doc 1 Of 2
distance of 202.08 feet; thence S.55025'37"E., a distance of 141.93 feet; thence
N.54°49'02"E., a distance of 3.34 feet; thence N.24°30'40" W., a distance of 52.85
feet; thence N.56055'35"W., a distance of 17.73 feet; thence N.67000'15"W., a
distance of 52.81 feet; thence N.24028'53"VV., a distance of 108.55 feet; thence
N.40°24'13"W., a distance of 10.51 feet; thence S.83003'14"W., a distance of 63.67
feet; thence S.59021'19"W, a distance of 25.86 feet; thence N.70013'29"W, a
distance of 10.02 feet; thence S.33°43'28"W., a distance of 4.75 feet; thence
S.84°53'06"W., a distance of 18.96 feet; thence N.47000'43'W., a distance of 16.37
feet; thence N.2705242"E., a distance of 47.81 feet; thence N.10001'15"E., a
distance of 13.76 feet to the Point of Beginning.
The parcel of land to which this description applies contains 0.485 acres, more or
less.
Bearings are based on the Oregon Coordinate System of 1983, North Zone.
Wetland Mitigation Area I Description.doc 2 of 2
Exhibit "B"
Wetland Mitigation Area 'J'
1 S 1 34DA 10400, 10500
Commuter Rail Project
Jack Carlson, Otak, Inc., 7/26/2006
Amended:
Parcel(s): 1
Parcel I-Wetland Mitigation Area 'J'
A parcel of land in the southeast one-quarter of Section 34, and the southwest one-
quarter of Section 35, Township 1 South, Range 1 West, W.M., Washington County,
Oregon, to wit:
Beginning at a point which bears S.22°47'20"E., a distance of 652.46 feet from the
east one-quarter corner of said Section 33; thence S.66°09'09"W., a distance of
47.76 feet; thence S.49002'03"W., a distance of 63.12 feet; thence S.10034'16"E., a
distance of 75.96 feet; thence S.20°59'08"W., a distance of 55.91 feet; thence
S.17°09'35"W., a distance of 64.82 feet; thence S.26058'00"W., a distance of 56.90
feet; thence S.74026'1 8"W., a distance of 69.53 feet; thence S.37019'1 5"W., a
distance of 48.95 feet; thence S.03018'45"W., a distance of 37.16 feet; thence
S.42006'47"E., a distance of 43.58 feet; thence S.14044'44"W., a distance of 44.03
feet; thence S.25038'54"W., a distance of 40.67 feet; thence S.35°59'30"W., a
distance of 78.63 feet; thence S.07008'03"W., a distance of 25.93 feet; thence
S.1 5°24'08"E., a distance of 95.71 feet; thence S.03038'52"W., a distance of 183.45
feet; thence S.51 °56'49"E., a distance of 33.89 feet; thence N.42052'42"E., a
distance of 20.39 feet; thence N.67056'50"E., a distance of 31.18 feet; thence
N.23024'50"E., a distance of 69.33 feet; thence N.02°24'51 "E., a distance of 24.30
feet; thence N.70'07'1 2"W., a distance of 15.78 feet; thence N.01 002'36W., a
distance of 14.06 feet; thence N.47033'29"E., a distance of 47.91 feet; thence
N.05052'23"W., a distance of 57.44 feet; thence N.34°42'11"E., a distance of 26.54
feet; thence N.22059'53"E., a distance of 160.64 feet; thence N.67010'00"E., a
distance of 74.59 feet; thence N.13°42'32"E., a distance of 58.52 feet; thence
N.05046'58"E., a distance of 78.05 feet; thence N.19025'41"W., a distance of 43.83
feet; thence N.02023'20"E., a distance of 40.33 feet; thence N.19°58'05"E., a
distance of 40.31 feet; thence N.15°52'18"W., a distance of 23.56 feet; thence
N.05047'03"E., a distance of 22.33 feet; thence N.15°34'12"E., a distance of.53.26
feet; thence N.02057'33"W., a distance of 114.35 feet; thence N.59020'20"W., a
distance of 10.92 feet to the Point of Beginning.
The parcel of land to which this description applies contains 2.643 acres, more or
less.
Bearings are based on the Oregon Coordinate System of 1983, North Zone.
Wetland Mitigation Area J Description.doc 1 of 1
Exhibit "B"
Wetland Mitigation Area 'K'
1S 1 33DB 101, 7200
Commuter Rail Project
Jack Carlson, Otak, Inc., 7/26/2006
Amended:
Parcel(s): 1
Parcel I-Wetland Mitigation Area 'K'
A parcel of land in the southeast one-quarter of Section 33, Township 1 South,
Range 1 West, W.M., Washington County, Oregon, to wit:
Beginning at a point which bears S.02025'54"E., a distance of 441.15 feet from the
center of said Section 33; thence S.06°14'31"W., a distance of 157.74 feet; thence
S.70°38'04"E., a distance of 365.26 feet; thence N.88°02'54"E., a distance of
408.49 feet; thence N.00005'50"W., a distance of 160.47 feet; thence
N.72°33'21 "E., a distance of 214.42 feet; thence N.64'1 7'26"E., a distance of
218.82 feet; thence N.01 *37'21"E., a distance of 20.19 feet; thence N.67°08'07"W.,
a distance of 103.30 feet; thence N.44002'27"W., a distance of 69.92 feet; thence
N.27'08'1 6"W., a distance of 22.32 feet; thence NA 1038'07"E., a distance of
116.02 feet; thence N.03004'38"W., a distance of 32.33 feet; thence N.35030'55"W.,
a.distance of 25.02 feet; thence S.60°16'21"W., a distance of 68.55 feet; thence
S.14048'22"W., a distance of 91.86 feet; thence S.20032'21"VV., a distance of
106.23 feet; thence S.57°07'30"W., a distance of 123.86 feet; thence
S.05012'38"W., a distance of 25.12 feet; thence S.64034'31"W., a distance of
112.65 feet; thence S.84°32'10"W., a distance of 262.57 feet; thence
N.84005'56"W., a distance of 152.00 feet; thence N.79035'02"W., a distance of
176.95 feet; thence N.87°54'31"W., a distance of 50.47 feet; thence S.61018'33"W.,
a distance of 29.07 feet to the Point of Beginning.
The parcel of land to which this description applies contains 5.723 acres, more or
less.
Bearings are based on the Oregon Coordinate System of 1983, North Zone.
Wetland Mitigation Area K Description.doc 1 of 1
~y
Agenda Item #
Meeting Date September 26; 2006
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Proposed Contract Amendment to Add Additional Streets to the FY 2006-07 Pavement Major
Maintenance Pro am-Phase 1 Contract
Prepared By: A.A~uenas"`*`
Dept Head Okay 7C City Mgr Okay
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Should the Local Contract Review Board approve a contract amendment to the pavement overlay contract with Morse
Brothers, Inc. adding additional streets to the work.
STAFF RECOMMENDATION
That the Local Contract Review Board approve a contract amendment to the FY 2006-07 Pavement Major
Maintenance Program contract with Morse Brothers, Inc., increasing the quantities in the original contract and the
contract amount from $254,330.23 to $835,000.00 and authorizing an additional amount of $85,000.00 to be reserved
for contingencies and applied as needed. The amount of the additional work through the contract amendment is
$580,669.77. The total project commitment is therefore $920,000.00.
KEY FACTS AND INFORMATION SUMMARY
Morse Brothers, Inc. was awarded the FY 2006-07 Pavement Major Maintenance Program contract for pavement
maintenance on the City streets at the Council meeting on August 15, 2006. The project was formally bid and
awarded on a unit bid item basis with unit bid prices for specific items of work. The low bid submitted by the
contractor at $254,330.23 was the lowest by far with the next higher bidder at $299,336.00. The Engineer's Estimate
range was from $290,000 to $335,000. More importantly, the bid price submitted for the asphaltic concrete
(pavement) bid item is $52.65 per ton, which is significantly lower than the $70 per ton in the Engineer's Estimate
and the $70 per ton submitted by the next higher bidder.
To take advantage of the exceptionally low prices in the contract and to address a much larger portion of the street
maintenance backlog sooner rather than later, the following~treets are proposed for addition to the contract for
construction this fall:
• Durham Road (Summerfield Drive to Serena Way)
• 98`h Avenue (Durham Road to Sattler Street)
• 124`h Avenue (Walnut Street to Katherine Street)
• Ash Avenue and segments of intersecting streets (McDonald Street to Fanno Creek)
• 66`h Avenue (just south of Hampton to Franklin Street)
• 67" Avenue (north of Baylor Street)
The Public Contracting Rules (PCR 10.075A) allow contracts to be substantially increased when the original
contract was awarded through a formal competitive process, the contract documents include unit prices that can be
.Ills.:
used as the basis for determining the cost of the additional work, and a binding obligation exists on the parties
covering the terms and conditions of the additional work. All these conditions are met with the contract awarded to
Morse Brothers, Inc. In addition, the contractor agrees to perform the additional work under the terms, conditions
and bid prices under the original contract.
The additional quantities would increase the contract amount from $254,330.23 to $835,000.00. Authorization of a
contingency amount of $85,000.00 to be applied as needed would result in a total project commitment of
$920,000.00. Approval of the contract amendment will allow the City to use Street Maintenance Fee dollars in the
most cost effective way possible in light of rapidly increasing construction costs. In addition, the rejuvenation of
more City streets sooner rather than later will benefit the motorists by improving the rideability of pavement
surfaces. Furthermore, the timely maintenance of the additional streets will eliminate the potential for much more
expensive reconstruction work later on those streets as a result of delayed maintenance.
OTHER ALTERNATIVES CONSIDERED
Do not add the additional streets to the contract.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
The street maintenance program supports the Tigard Beyond Tomorrow Transportation and Traffic goals of "Improve
Traffic Flow" and "Improve Traffic Safety."
ATTACHMENT LIST
None
FISCAL NOTES
The amount of $950,000 is available in the FY 2006-07 CIP budget under the Street Maintenance Fee Fund, and
$210,000 under the Gas Tax Fund for a total PMMP budgeted amount of $1,160,000. That amount is sufficient for
the proposed contract amendment and still leaves some funding available for additional streets (Phase 2 of the
program) in the spring of 2007. Approval of the contract amendment will allow the City to use Street Maintenance
Fee dollars in the most cost effective way possible in light of rapidly increasing construction costs.
l1eng~gusXcounctl agenda summerleslnew agenda summary forma119-28-08 contract amendment adding additional streets to the pavement overlay contract ais.doc
MEMORANDUM
TO: Mayor and City Councilors
Craig Prosser, City Manager
FROM: Gus Duenas 1~"
City Engineer
RE: Additional Streets for the Pavement Overlay Contract
2006-07 Pavement Major Maintenance Program - Phase 1
DATE: August 31, 2006
Morse Brothers, Inc. was awarded the 2006-07 Pavement Major Maintenance Program contract for
pavement maintenance on the City streets at the Council meeting on August 15, 2006. The project
was formally bid and awarded on a unit bid item basis with unit bid prices for specific items of work.
The low bid submitted by the contractor at $254,330.23 was the lowest by far with the next higher
bidder at $299,336.00. The Engineer's Estimate range was from $290,000 to $335,000. More
importantly, the bid price submitted for the asphaltic concrete (pavement) bid item is $52.65 per
ton, which is significantly lower than the $70 per ton in the Engineer's Estimate and the $70 per ton
submitted by the next higher bidder.
To take advantage of the exceptionally low prices in the contract and to address a much larger
portion of the street maintenance backlog sooner rather than later, we propose to add the following
additional streets to the contract for construction this fall:
• Durham Road (Summerfield Drive to Serena Way)
• 98`h Avenue (Durham Road to Sattler Street)
• 124`h Avenue (Walnut Street to Katherine Street)
• Ash Avenue and segments of intersecting streets (McDonald Street to Fanno Creek)
• 66`h Avenue (just south of Hampton to Franklin Street)
• 67`h Avenue (north of Baylor Street)
The current estimated amounts for the additional quantities on these streets add up to a total of
$580,000 with Durham Road being approximately $230,000 of that amount. These numbers may
change slightly as the scope of work on each of the additional streets is further refined and quantities
are defined more precisely. However, the total amount should be relatively close to the current
estimate. We had planned the overlay on Durham Road for the spring of 2007. However, we now
have this rare opportunity to complete that street and others this fall at prices that we most likely
will not see again in future bids. The additional quantities would increase the contract amount from
$254,330.23 to $835,000 plus a contingency amount of $85,000 for a total project commitment of
$920,000. The amount of $950,000 is available in the FY 2006-07 CIP budget under the Street
Maintenance Fee Fund, and $210,000 under the Gas Tax Fund for a total PMMP budgeted amount
of $1,160,000. That amount is sufficient for the proposed contract amendment and still leaves some
funding available for additional streets (Phase 2 of the program) in the spring of 2007. Approval of
the contract amendment will allow us to use Street Maintenance Fee dollars in the most cost
effective way possible in light of rapidly increasing construction costs.
The public contracting rules allow original contracts to be substantially increased when the original
contract was awarded through a formal competitive process, the contract documents include unit
prices that can be used as the basis for determining the cost of the additional work, and a binding
obligation exists on the parties covering the terms and conditions of the additional work. All these
conditions are met with the contract awarded to Morse Brothers, Inc. In addition, the contractor
agrees to perform the additional work under the terms, conditions and bid prices under the original
contract.
We will be discussing the proposed contract amendment for additional work at the study session on
September 12, 2006. If Council agrees with the proposed action, it will be submitted to Council for
formal approval at the September 26, 2006 meeting.
c: Tom Coffee, Community Development Director
Bob Sesnon, Finance Director
Joe Barrett, Purchasing
iAengVus4nemorandums%additiona1 streets for the pavement oveday propram.doc
Agenda Item No. L/
Meeting of Se-pt- -26,.2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Employee Recognition: Tigard Police Public Information and Crime Prevention
Officer Jim Wolf.
Prepared By: Chief Bill Dickinson Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
The City of Tigard employs many excellent staff whose work is occasionally recognized by other agencies as excellent in
their field. Jim Wolf serves as both the Public Information Officer as well as the Crime Prevention Officer for the
Police Department. The Crime Prevention Association of Oregon recently announced that Tigard's own Jim Wolf was
selected to receive this year's Ken Mainwaring Award for excellence in the area of crime prevention.
STAFF RECOMMENDATION
Recognize and present Public Information Officer Jim Wolf with the Ken Mainwaring Award.
KEY FACTS AND INFORMATION SUMMARY
This award is made annually by the Crime Prevention Association of Oregon. It recognizes excellence in the area of
crime prevention and is given to a Crime Prevention specialist who has most demonstrated the following
accomplishments:
+ provided a forum for the exchange of ideas pertaining to crime prevention
+ promoted effective expressions of collective views of crime prevention practitioners
+ was effective in informing citizens, elected officials, legislative bodies, and criminal justice personnel of current crime
prevention trends and techniques necessary for the reduction of and early detection of crime and potential offenders
+ was effective in focusing attention on local, regional and state-wide goals and issues relating to crime prevention
+ encouraged citizen involvement to reduce crime and criminal opportunities by education and training
+ has encouraged cooperation and improved communications between the criminal justice system and citizens
+ nominees must have impacted crime prevention on a local or statewide basis
+ the award should recognize contributions over several years including the most recent events
Jim Wolf has met all of these award criteria but his recent work to bring together the cities of Hillsboro, Beaverton,
Tigard, and Washington County to form the Westside Crime Prevention Coalition is a major factor in his selection to
be this year's award winner for the State of Oregon. This coalition of police agency crime prevention practitioners
provides training to hotel and motel operators to prevent crime in their establishments, and has been enthusiastically
received by the industry.
OTHER ALTERNATIVES CONSIDERED
none.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
This recognition is in keeping with and helps accomplish the following Council Goals and Objectives:
Council Goal (2006): Improve communication and relationship with Citizens.
Council Long Range Objectives: Tigard's interests in regional and statewide issues are coordinated with appropriate
agencies and jurisdictions.
2006 Tigard Beyond Tomorrow public safety vision summary- Goal #1: specifically address crime and public safety
concerns though partnerships.
ATTACHMENT LIST
Award criteria from the Crime Prevention Association of Oregon.
FISCAL NOTES
There is no fiscal impact for this recognition.
i:tadmlcathyVormst2006k ouncil agenda item summary sheet 06 -june revision.doc
2005 CPAO Conference - "Bridging Generations Through Crime Prevention"
Award Categories
Media Award: This award is intended to recognize media producers i.e., newspaper, radio, television,
video, films, advertisers. Qualifications: Nominees must have contributed to the promotion of crime
prevention through effective and innovative use of the media. Nominee will be evaluated using the
following factors: The impact of the nominee's media involvement on the crime prevention awareness
and/or education of the community. Shall have demonstrated continuity of support by the nominee, i.e.
carving crime prevention advertisements, producing local programs or articles on crime prevention,
promotion of crime prevention concepts or events.. Photographs, newspaper and magazine articles,
videotapes, and other similar material shall be submitted with the nomination. The Media Award is a
plaque for the winner.
Commercial Business Crime Prevention Award: The Commercial Award was created in 1984 by the
Southland Corp. (7-11) to recognize efforts by the business community to prevent crime. Qualifications:
Nominees must have contributed significantly to crime prevention efforts in one of the following ways:
Develop loss prevention programs or the education of businesses in loss prevention techniques.
Demonstrable reduction of business losses on a local or statewide level. Contribution to, or participation
in a local or statewide crime prevention program affecting a broad spectrum of the public. The nominee
must be a business, corporation, or a non-profit organization.
Charles Bangle Volunteer of the Year Award: This award is for outstanding crime prevention by
volunteer efforts. The award honors CPAO member and Cottage Grove volunteer Charles Bangle.
Qualifications: Nominees must have worked in the area of crime prevention within the State of Oregon.
Nominees must be volunteers, not paid staff. Nominees may be individuals or groups of volunteers who
have worked together as a team or unit. Nominees must have shown outstanding effort in crime
prevention during the past year. Those efforts must have been manifested in either or both of the
following areas: Reduction in overall crime; Increased community awareness of the crime problem and
possible solutions. There are two plaques for this award: one plaque is kept by the winner and the
second is a "traveling plaque" which is returned to CPAO for awarding at he next annual conference.
Problem Solver of the Year Award: This award is designed to honor a crime prevention practitioner,
law enforcement officer/agency, coalitions, community member, student, faith community, or business
establishment. Qualifications: Must have demonstrated outstanding efforts at solving chronic crimes or
livability problems in their community. Nominations must be in the form of a one-page statement
describing the problem, those affected, response to the problem, who they partnered with, and
outcomes of their efforts.
Ken Mainwarina Award: -This award recognizes excellence in the area of crime prevention. Ken
Mainwaring was a charter member of CPAO and an officer with the Medford Police Dept. Qualifications:
Nominees must be CPAO members in good standing for at least two years. Must have contributed
significantly to the general purpose of CPAO as stated in Article II of the Constitution: Provided a forum
for the exchange of ideas pertaining to crime prevention. Promoted effective expressions of collective
views of crime prevention practitioners. Was effective in informing citizens, elected officials, legislative
bodies, and criminal justice personnel, of current crime prevention trends and techniques necessary for
the reduction of and early detection of crime and potential offenders. Candidate was effective in
focusing attention on local, regional and state-wide goals and issues relating to crime prevention.
Encouraged citizen involvement to reducing crime and criminal opportunities, by education and training
in crime prevention techniques. Efforts to encourage cooperation and improve communications
between the criminal justice system and citizens toward reducing crime by the anticipation, recognition,
and appraisal of crime risks and the initiation of community actions to remove or reduce that risk. To
conduct all CPAO functions with the highest ethical standards. Nominees must have impacted crime
prevention on a local or statewide basis. This award should recognize contributions over several years
including the most recent events. There are two plaques for this award: one plaque is kept by the winner
and the second is a "traveling plaque" which is returned to CPAO for awarding at the next annual
conference.
Agenda Item # Y"
Meeting Date 9/26/06
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Resolution in Support of the Washington County Cooperative Library Services
Operational Lever
Prepared By: Margaret Barnes Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the City Council approve a resolution supporting the passage of the upcoming Washington County Cooperative
Library Services' Local Option Levy to maintain countywide library services (Ballot Measure 34-126)?
STAFF RECOMMENDATION
Adopt the attached resolution.
KEY FACTS AND INFORMATION SUMMARY
• The purpose of the levy is to maintain library services and allow for restoration of certain services, such as
hours of operation, which have been reduced in recent years.
• The levy would maintain public library service levels while meeting projected increases in population and use.
• While city staff cannot advocate for the levy on work time, elected officials and candidates may. The City
may provide educational information about the levy to provide voters facts with which they can use to
decide how to vote.
• At its 9/12/06 business meeting, the Council indicated its support for the informational program to raise
awareness of the levy.
OTHER ALTERNATIVES CONSIDERED
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Vision Task Force Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and
services for all ages.
ATTACHMENT LIST
Attachment A--- Draft Resolution
FISCAL NOTES
The levy is at a fixed rate of 17¢ per $1,000 assessed value. A home with average assessed value (not market value)
of $192,000 would pay $33 in 2007-08. A total of $29.5 million would be levied over 4 years.
i1admtcathyJonns120061munci1 agenda item summary sheet 06 - June revision.doc
Agenda Item No.
Meeting of
Agenda Item Summary for -
Resolution in Support of the Vashington
County Cooperative Library Services -
Library Operational Levy
will be in the September 22, 2006 Council
Newsletter packet.
QTY OF TIGARD, OREGON
TIGARD QTY COUNQL
RESOLUTION NO.06- g /
A RESOLUTION SUPPORTING THE WASHINGTON GOWN COOPERATIVE LIBRARY
SERVICES LOCAL OPTION LEVY
WHEREAS, The Washington County Cooperative Library Services (WCQS) was created in May of
1976 to serve all the residents of Washington County; and
WHEREAS, The population of Washington County has increased 26 percent in the last ten years
while over the same period, library use has increased 64 percent; and
WHEREAS, The citizens of the City of Tigard and the surrounding areas benefit from these library
services through the increased number of books and programs available for our youth:
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1. The City Council of the City of Tigard hereby proclaims its support of the passage of
the Washington Gounty Gooperative Library Services Ballot Measure 34-126, a four-
year local option levy to maintain countywide library services, to be presented to the
voters at the November 7, 2006, General Election.
SECTION 2. This resolution is effective immediatelyupon passage.
PASSED: This day of ~c2006.
f
Mayor - ty of Tigard
ATTEST:
,
,Oep .City Recorder - City of Tigard
RESOLUTION NO. 06 -
Page 1
Agenda Item #
Meeting Date 9/26/2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Cach Creek Area Annexation (ZCA2006-00002)
Prepared By: Emily Eng Dept Head Approval: 17tc-f- City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall City Council approve annexation of 40.93 acres of land (Zone Change Annexation - ZCA2006-00002) located
adjacent to and west of Sunrise Lane, and adjacent to and north of SW Bull Mountain Road, including right-of-way on
SW Sunrise Lane?
The proposed territory is contiguous to City limits and can be served by urban services.
STAFF RECOMMENDATION
Adopt the recommended ordinance annexing the subject territory into the City of Tigard.
KEY FACTS AND INFORMATION SUMMARY
State law (ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) and (2)) authorizes a city to annex contiguous
territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city.
The owners of the properties in the proposed territory have submitted petitions for annexation to the City of Tigard.
The City invited adjacent owners to join the annexation; four have expressed interest, but their properties have not been
included with this proposal due to time limitations and notice requirements.
The proposed annexation territory (Cach Creek Area Annexation) includes eleven parcels of unincorporated territory
totaling 40.93 acres. The proposed territory is contiguous to the City of Tigard on the City's western boundary,
including the SW Sunrise Lane right-of-way. Goal 5 and Bull Mountain Community Plan natural resources exist on a
majority or portions of the properties in the proposed territory.
Most of the proposed territory is publicly owned and will be used for the purposes of a reservoir and parkland.
Four tax lots, which make up 9.14 acres, are privately owned, and two of these tax lots are currently under
development review (in a separate land use decision) for a 17-lot subdivision with 30 dwelling units (single-family
dwellings with accessory dwelling units).
The applicable review criteria for this application are ORS Chapter 222; Metro Code Chapter 3.09; City of Tigard
Comprehensive Plan Policies 2 and 10, and Community Development Code Chapters 18.320 and 18.390.
Staff finds that the proposed annexation (ZCA2006-00002) meets all the approval criteria and recommends that the
Council approve ZCA2006-00002 by adoption of the attached ordinance.
Key Facts:
1. The proposed territory is contiguous to City limits;
2. Urban services are available to serve the proposed territory;
3. The proposed territory is within the City's Urban Growth Boundary and Metro's Urban Growth Boundary; and
4. The proposed territory is within the City's Urban Service Area and Area of Interest.
OTHER ALTERNATIVES CONSIDERED
Not approving ZCA2006-00002 if it does not meet the applicable review criteria.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Growth and Growth Management, Goal #2: Urban services will be provided to all citizens within Tigard's urban
growth boundary.
ATTACHMENT LIST
Attachment 1: An Ordinance Annexing 40.93 Acres, Approving Cach Creek Area Annexation (ZCA2006-00002)
and Withdrawing Property from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the
Washington County Vector Control District.
Exhibit A: Legal Description of Proposed Annexation Territory
Exhibit B: Washington County Taxation and Assessment Map for Proposed Annexation Territory
Exhibit C: Site and Vicinity Map of Proposed Annexation Territory
Exhibit D: Petition for, and Consent to, Annexation to the City of Tigard
Exhibit E: Staff Report to the City Council
FISCAL NOTES
If approved, the proposed annexation territory would not be transferred to the City's tax roll until July 1, 2007.
Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1.
Cach Creek Area - ZCA 2006-00002
Agenda Item #6 - September 26, 2006
Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures
A copy of the rules of procedure for today's hearing is available at the entrance. The staff report
on this hearing has been available for viewing and downloading on the City's website and a
paper copy of the staff report has been available in the Tigard Public Library for the last seven
days.
The Council's role in this hearing is to make a land use decision under existing laws. The
Council cannot change the law for the land use application now under consideration.
Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try
to limit your remarks to the application standards for the application.
Members of the City Council will be asked whether they have any conflicts of interest. If a
Council member has an actual conflict, the Council member will not participate.
Council members must declare any contacts about this case with a member of the public.
Council members must also declare if they have independent knowledge of relevant facts, such
as from a visit to the site in question. A Council member who describes ex pane contacts or
independent information may still participate in the decision.
After the discussion of conflicts and ex parte contacts, any person may challenge the
participation of a Council member or rebut any statements made. The Council member in
question may respond to such a challenge.
Tonight, City staff will summarize the written staff report. Then the parties requesting
annexation and those in favor of the proposal testify. Next witnesses who oppose the application
or who have questions or concerns testify. If there is opposition or if there are questions, the
proponents can respond to them. The Council members also may ask the staff and the witnesses
questions throughout the hearing until the record closes. After all testimony is taken, including
any rebuttal, the proponents can make a closing statement. After the record is closed, the City
Council will deliberate about what to do with the application. During deliberations, the City
Council may re-open the public portion of the hearing if necessary to receive additional evidence
before making a decision.
You may testify orally or in writing before the close of the public record to preserve your right to
appeal the Council's decision to the Land Use Board of Appeals. You should to raise an issue
clearly enough so that Council understands and can address the issue precludes an appeal on that
issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with
the statement of an earlier witness, please just state that and add any additional points of your
own.
Please refrain from disruptive demonstrations. Comments from the audience will not be part of
the record. The point is, come to the microphone to get your comments on the tape, otherwise,
they won't be preserved for appeal.
When you are called to testify, please come forward to the table. Please begin your testimony by
giving your name, spelling your last name, and give your full mailing address including zip code.
If you represent someone else, please say so. If you have any exhibits you want us to consider,
such as a copy of your testimony, photographs, petitions, or other documents or physical
evidence, at the close of your comments you must hand all new exhibits to the City Recorder
who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal
opportunities expire, and then you can ask them to return your exhibits.
t:ladmtcathytocatquasi judicial rules of procedureVules of procedure - city attorney qj statement -06 - cash creek area - September 26 2006.doc
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL_
ORDINANCE NO. 2006- Z
AN ORDINANCE ANNEXING 34.82 ACRES, APPROVING CACH CREEK AREA
ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY FROM THE TIGARD
WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL
DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT,
WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON
COUNTY VECTOR CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS
222.170(1) and (2) to annex contiguous territory upon receiving written consent from owners of land
in the territory proposed to be annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently he within the boundary of the Tigard 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 Tigard City Council held a public hearing on September 26, 2006, to consider the
annexation of eight (8) parcels (WCTM 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105DC, Tax
Lots 201, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300) of land located adjacent to and west
of SW Sunrise Lane, and adjacent to and north of SW Bull Mountain Road, including right-of-way on
SW Sunrise Lane and withdrawal of said property from the Tigard Water District, the Washington
County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District,
Washington County Street Lighting District #1, and the Washington County Vector Control District;
and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore,
no option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property
from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District on September 26, 2006; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties
from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District by Ordinance; and
ORDINANCE NO. 2006- ZCA2006-00002 Cach Creek Area Annexation
Page 1 of 3
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current zoning district is R-6, a Washington County zoning designation, and the
zoning after annexation would be automatically changes to R-7, the equivalent City of Tigard
zoning designation, so that no zone change is necessary, and by annexation the Comprehensive
Plan of the City of Tigard goes into effect; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed properties from the applicable service districts is in the best
interest of the City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit
"A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water
District, the Washington County Enhanced Sheriffs Patrol District, Washington
County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in
support of this decision; a copy is attached hereto as Exhibit "D" and incorporated
herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including certified copies of the Ordinance with Metro for administrative processing,
filing with state and county agencies as required by law, and providing notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
the Washington County Enhanced Sheriff s Patrol District, Washington County Urban
Roads Maintenance District, Washington County Street Lighting District #1, and the
Washington County Vector Control District shall be the effective date of this
annexation.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2007.
ORDINANCE NO. 2006- ZCA2006-00002 Cach Creek Area Annexation
Page 2 of 3
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By vote of all Council members present after being read by number
and tide only, this day of 52006.
Cathy Wheatley, City Recorder
APPROVED: By Tigard City Council this day of ,
2006.
Craig Dirksen, Mayor
Approved as to form:
City Attorney Date
ORDINANCE NO. 2006- ZCA2006-00002 Cach Creek Area Annexation
Page 3 of 3
EXHIBIT A
ANNEXATION DESCRIPTION
A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as
follows:
Beginning at the Northeast Corner of Stanhurst; thence N 00° 47' 29" E a distance of 1227.67 feet; thence
N 00° 47' 29" E a distance of 225.00 feet; thence S 88° 52' 17" E a distance of 341.09 feet; thence S 00° 47'
29" W a distance of 225.00 feet; thence N 88° 52' 17" W a distance of 117.09 feet; thence S 00° 11' 04" E a
distance of 348.04 feet; thence S 89° 12' 37" E a distance of 420.08 feet; thence S 01* 12' 28" W a distance
of 615.64 feet; thence N 88° 41'47" E a distance of 356.41 feet to the westerly right-of-way of SW Sunrise
Lane; thence along the said westerly right-of-way the following 7 courses; thence N 14° 18'07" W a
distance of 11.36 feet; thence N 16° 59'53" E a distance of 92.68 feet; thence N 43° 18'47" E a distance of
111.75 feet; thence N 04° 36'28" E a distance of 155.66 feet; thence N 01° 25'58" Ea distance of
131.41feet; thence N 18° 08'48" W, along said westerly right-of-way, a distance of 101.59 feet; thence N 05°
04' 06" E, along said westerly right-of-way, a distance of 89.57 feet; thence S 84° 55' 54" E leaving said
westerly right-of-way, a distance of 40.00 feet to the easterly right-of-way of SW Sunrise Lane; thence N 84°
18' 39" E a distance of 123.69 feet; thence S 87° 13'42" E a distance of 312.82 feet; thence S 01' 01'50" W
a distance of 304.42 feet; thence N 89° 28' 08" W a distance of 409.21 feet to the easterly right-of-way of SW
Sunrise Lane; thence, along said easterly right-of-way the following 8 courses, S 01° 25' 58" W a distance of
11.28 feet; thence S 04° 36'28" W a distance of 171.82 feet; thence S 439 18'47" W a distance of 116.45
feet; thence S 16° 59' 53" W a distance of 72.12 feet; thence S 14° 18' 07" E a distance of 184.66 feet; thence
S 04° 12' 11" W a distance of 330.61 feet; thence S 00° 35' 17" W a distance of 322.91 feet; thence S 00° 15'
17"W a distance of 68.92 feet to the northerly right-of-way of SW Sunrise Lane; thence S 89° 49'00" E,
along said northerly right-of-way, a distance of 237.80 feet; thence S 00° 43'00" W, along said northerly
right-of-way, a distance of 20.00 feet; thence S 89° 49' 00" E, along said northerly right-of-way, a distance of
920.60 feet; thence S 00° 56' 05" W a distance of 20.00 feet; thence N 89° 49' 00" W a distance of 4.92 feet
to the northwest comer of lot 19 Bull Mountain Estates; thence S 00° 11'00" W, along the west line of said
lot 19, a distance of 15.00 feet to the extension of the southerly right-of-way of SW Sunrise Lane; thence N
.89° 49'00" W, along said southerly right-of-way, a distance of 251.37 feet to the northwest corner of lot 18
Bull Mountain Estates; thence N 00° 25'58" E, a distance of 15.00 feet to the northwest corner of Bull
Mountain Estates; thence N 89° 49' 00" W, along southerly right-of-way of SW Sunrise Lane, a distance of
941.78 feet to the westerly right of way of SW Sunrise Lane; thence N 00° 15' 17" E, along said westerly
right-of-way, a distance of 109.57 feet; thence N 00° 35' 17" E, along said westerly right-of-way, a distance
of 175.45 feet; thence N 89° 47' 37" W a distance of 310.04 feet; thence S 00° 31' 09" W a distance of
130.19 feet; thence N 89° 49'00" W a distance of 284.88 feet; thence S 00° 47'38" W a distance of 155.00
feet; thence N 89° 49' 00" W a distance of 135.00 feet; thence S 00° 04' 53" E a distance of 635.13 feet
thence N 89° 36' 18" W a distance of 147.71 feet; thence S 00° 23' 50" W a distance of 195.50 feet to the
northerly right-of-way of SW Bull Mountain Road; thence N 79° 16' 44" W, along said northerly right-of-
way; a distance of 156.58 feet to the easterly line of Stanhurst; thence N 00° 07' 38" E, along said easterly
line, a distance of 799.61 feet to the one-quarter corner between Sections 5 and 8 Township 2 South, Range 1
West; thence N 00° 47' 29" E, along said easterly line, a distance of 665.14 feet to the point of beginning.
Containing 41.87 acres.
EXCEPTING
A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as
follows:
Commencing at the Northeast Corner of Stanhurst; thence N 00° 47'29" E a distance of 262.71 feet; thence
S 89° 10' 59" E a distance of 624.11 feet; thence S 01' 05' 50" W 10.03 feet; thence N 88° 41'59" E a
distance of 217.00 feet to The True Point of Beginning; thence S 05° 00'48" E a distance of 227.46 feet;
thence S 89° 49'00" E a distance of 180.12 feet to the westerly right of way of SW Sunrise Lane; thence N
04° 12' 11" E, along the westerly right-of-way of SW Sunrise Lane, a distance of 68.12 feet; thence N 14° 18'
07" W, along the westerly right-of-way of SW Sunrise Lane, a distance of 168.15 feet; thence S 88° 41' 59"
W a distance of 163.44 feet to the true point of beginning
Containing 0.94 acres
henpyonmMannexadonslannex W section 5 5-9-06.doc
ANNEXATION CERTIFIED
BY
SEP 0 6 2006
WASHINGTON COUNTY A & T
CARTOGRAPHY
NW 1/4 NE 1/4 SECTION 8 T2S RIW W. M. 2S I BAB
WASHINGTON COUNTY OREGON
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11eK Ar-c ANNEXATION CERTIFIED
2s7
SEP 6 2006
292 D J45
'u~ WASHINGTON ACOUN PHTYA&T
CARTOG
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Ir
W ' q. S'am' G'~ ~ ~ PTV (P~ Y
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br = L
41 t. T i4e ; 2e:.c. OI SY 4 I Ci n
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PLOT DATE: May 23, 2002
` 1~ • FOR ASSESSMENT PURPOSES
ONLY- DO NOT RELY ON
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S s~ ISTLECONE W Annexation
City of Tigard
W KLIPSAN Oregon
s+ WK
r s
DEN RIVE t - -
x r
w
ONE
Proposed
Annexation Area
s + m
sw SE City of Tigard
~x~ A T a Taxlot Boundary
Proposed:
u
Annexatio : o
x
3 'Are
t
f °w G
BAKER LN
S
CT •.~:c...m...P.em.amm. mR.•v:.we.r
A~i oMUmvrnw aw.dn W. muuu ofA w.p.
2
cT
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described
below, as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that
the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying
the request for Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGE I OF
OV - Property Owner & Registered Voter
I AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE
Section Number Number Number
UK*-"gAn C140C A.[ N l SS Sw sre-LwA► r r c?722; 2S-1W5 DB 400 Z
6200
6100
2S-1 W5 DC 100
200
300
400
I
- I K
v
is\curpln\masters\revised\anxpetn.mst 15-Aug-02
a~
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described
below, as Board Chairman I Hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that
the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying
the request for Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGE 2. OF
OV - Property & Registered Voter
I AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE
Section Number Number Number
2S-1W5 DB 400
• Ft t CM l 3(o SS Sw srCuei.t c.T q? z2 3 6200 .p
6100
2S-1W5 DC 100
200
300
400
is\curpln\masters\revised\anxpetn.mst 15-Aug-02
TO THE COUNCIL OF THE CITY OF TIGARD; OREGON:
On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described
below, as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that
the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying
the request for Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGE 30F
OV - Property & Registered Voter
I AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE
Section Number Number Number
2S-1W5 DB 400
6200
5~.. coicrtb 1365S Sw srarpicr LL 6100 •2{j0
2S-1 W5 DC 100
200
300
400
is\curpln\masters\revised\anxpetn.mst 15-Aug-02
_I
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described
below, as Board Chairman I Hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that
the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying
the request for Annexation.
LEGEND:
PO - Property Owner r~
RV - Registered Voter PAGE 1 OF T
OV - Property Owner & Registered Voter
I AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE
Section Number Number Number
2S-1 W5 DB 400
6200
6100
SctfFc~~I~.~cK ~3 SSStius:~ufNcr 42ZZ 2S-1W5 DC 100 •2S
200
300
400
is\curpln\masters\revised\anxpetn.mst 15-Aug-02
b
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described
below, as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that
the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying
the request for Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGES OF
OV - Property Owner & Registered Voter
I AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE
Section Number Number Number
2SA W5 DB 400
6200
6100
2S-1 W5 DC 100
CA.*V~ Sct4'i 4roeA cm 3655 S w s~~Fw+ci 47223 200 •~~{.a
300
400
IF-
is\curpln\masters\revised\anxpetn.mst 15-Aug-02
lv
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
On behalf of the Tigard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described
below, as Board Chairman I Hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that
the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying
the request for Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGE ~ OF
OV - Property Owner & Registered Voter
I AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township) Map Tax Lot Precinct DATE
Section NumberT Number Number
2S-1W5 DB 400
6200
6100
2S-1W5 DC 100
200
L, Sct[+E~o~'~.ac~+ 5•-w 300 ?-L~-
400
is\curpln\masters\revised\anxpetn.mst 15-Aug-02
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' ppro~ee rty interest in the properties described
below, as Board C~iairman I hereby petition for, and give consent to, Annexation of said property to tCityof Tigard. We understand that
the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying
the request for Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGE ~'OF 7-
OV - Property Owner & Registered Voter
I AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE
Section Number Number Number
2S-1W5 DB 400
6200
6100
2S-1W5 DC 100
200
300
Ei 1) COU c S5 t4 N Q" 2 400
i:\curpln\masters\revised\anxpetn.mst 15-Aug-02
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
We, the undersigned owner(s) of the property described below and/or elector(s) residingg at the referenced location(s), hereby petition for, and
give consent to, Annexation of said property o the City of Tigard. We understand that fhe City will review this request in accordance with
ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGE OF
OV - Property Owner & Registered Voter
I AM A PROPERTY DESCRIPTION
SIGN TURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE-
Section Number Number Number
A F
D ais ,rloEU~e~~rcu. '2 O F 72V*" TZ 05z>r_ 20 / l loo
/ 3/2S Sw h9-c - ~tU
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gyve oonsenl to, Anramtion of said ploperty~o the City of Tigard. We unders~artd Umit die City All review this request in accordance with
WRS Chapter 222 and apple" regional and local pollcles prior to approving or denying His request for Annexation. ~
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TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and
give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with
ORS Chapter 222 and applicable regional and- local policies prior to approving or denying the request for Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGE OF
OV - Property Owner & Registered Voter
I AM A PROPERTY DESCRIPTION
IGN PRINTED NAME PO RV OV ADDRESS Township) Map Tax Lot Precinct DATI~
Section Number Number Number
S !OS ZZ of Ff ~l o~,
i:\curpln\masters\revised\anxpetn.mst 15-Aug-02
EXHIBIT E
Agenda Item:
Hearin Date: September 26 2006 Time: 7:30 PM
STAFF REPORT TO THE
u
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON '
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: CACH CREEK AREA ANNEXATION
CASE NOS: Zone Change Annexation (ZCA) ZCA2006-00002
APPLICANT/
COORDINATOR City of Tigard OWNER: City of Tigard
(Multiple Contact: Beth St. Amand Contact: Dennis Koellermeier
applicants): 13125 SW Hall Blvd. 13125 SW Hall Blvd.
Tigard, OR 97223 Tigard, OR 97223
OWNER: Tigard Water District OWNER: Jon Dyer
PO Box 23000 PO Box 848
Tigard, OR 97223 Lake Oswego, OR 97304
OWNER: Sun Ridge Builders, Inc./
Brentwood Homes
Contact: John Noffz
15170 SW Finis Lane
Tigard, OR 97224
PROPOSAL: The applicant is requesting annexation ofPveki-e-(12) eleven (11) parcels and the
Sunrise Lane right-of-way containing 44.41 a total of 40.93 acres into the City of
Tigard.
LOCATION: Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain
Road, including right-of-way on SW Sunrise Lane; Washin on County Tax
Assessor's Map No. (WCTM) 2S105DB, Tax Lots 6100, 620' & 400; WCTM
2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 & 400;
and WCTM 2S105DD, Tax Lots 200 & 300.
CURRENT
ZONING
DESIGNATION: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County
R-6 District is to implement the policies of the Comprehensive Plan for areas
designated for residential development at no more than six (6) units per acre and no
less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6.
The intent of the R-6 District is to provide the opportunity for more flexibility in
development than is allowed in the R-5 District.
CACH CREEK AREA ANNEXATION
ZCA2006-00002 PAGE 1 OF 12
EQUIVALENT
CITY ZONING
DESIGNATION: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is
designed to accommodate attached single-family homes, detached single-family
homes with or without accessory residential units, at a minimum lot size of 5,000
square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile
home parks and subdivisions are also permitted outright. Some civic and
institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10,
Community Development Code Chapters 18.320 and 18.390.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation (ZCA2006-00002) meets all
the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive
Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. Therefore, staff
recommends APPROVAL of ZCA2006-00002 by adoption of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject site is located along the western boundary of the City of Tigard; the majority of Sunrise Lane
is contiguous to the City limits. The site is part of unincorporated Bull Mountain and the City of Tigard's
Urban Service Area.
The subject site is predominantly in public ownership and is either currently used for public purposes or
will be in the future. The City intends to use the publicly owned land for the purposes of a reservoir and
parkland. The Menlor Reservoir provides public water storage facilities for the Tigard Water District. The
subject site also includes land banked for the Cache Creek Natural Area and future public water facilities:
The City of Tigard Water Distribution System Hydraulic Study (May 2000) shows a future 550'-elevation-zone
Reservoir #1 located on City-owned land adjacent to Sunrise Lane.
The subject site also includes residential land (vacant and in current use). There are four primary structures
located on the subject site: the Menlor Reservoir and three homes. The City approved a lot line
adjustment (MIS2006-00012) for 2S105DC, Tax Lot 100 on July 7, 2006. The two southernmost
residential parcels (2S108AB, Tax Lots 1200 and 1201) are currently under development review; the owner
has submitted separately a land-use application for a 17-lot subdivision with a total of 30 dwelling units
(SUB2006-00003). The application was submitted to the City on January 31, 2006 when the City still
provided development services to the Urban Service Area as agreed in the Wlashington County -Tigard Urban
Sennces Intergovernmental Agreement (terminated July 20, 2006). This application is a separate land-use decision
with its own set of review criteria and will not be addressed in this report.
The majority of the subject site contains steep slopes, defined as 25% slope or greater. The City of Tigard
Community Development Code requires Sensitive Lands permits for development on parcels with steep
CACH CREEK AREA ANNEXATION
ZCA2006-00002 PAGE 2 OF 12
slopes. There are two wetlands designated as Title 3 wetlands in the subject area. Goal 5 and Bull
Mountain Community Plan natural resources exist on a majority or portions of the subject tax lots,
protection for which will be considered if or when any of the proposed territory develops.
SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND
CONCLUSIONS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
City: Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390.
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
1. Chapter 18.320.020: Approval Process and Standards.
B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex
property to the City shall be based on the following criteria:
1. All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area; and
The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as
water, sewer, drainage, streets, police, and fire protection. Each service is addressed below.
Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available,"
to serve the parcel "if developed to the most intense use allowed," and "will not significantly
reduce the level of services available to developed and undeveloped land in the City of Tigard."
The proposed annexation territory is currently zoned R-6, a Washington County residential zone
designated for residential development at no more than six (6) units per acre and no less than five
(5) units per acre. With annexation, the subject site's zoning would change to R-7 per Table 320.1
(Title 18). This equivalent city zoning provides for medium-density, single-family residential with a
minimum residential lot size of 5,000 square feet.
As noted earlier, the subject site's current and planned uses are mostly public: water provision and
a natural area. The property deeds for certain parcels limit the City to these two uses. If the
remaining 9.14 residential acres were developed to their designated capacity of 7 units per gross
acre, without allowance for the sensitive lands present, the sites could accommodate approximately
63 units total. This gross calculation breaks down as follows: two northeast parcels (Dyer), 21
units; two southwest parcels (Brentwood), 42 units.
These figures were used for City department evaluations of Policy 10.1.1 of the available services.
When these sites develop, the applicant will be required to connect to public service facilities. The
land-use review process will identify specific service provisions and require additional facilities or
upgrades as appropriate, as well as consider the sensitive lands present.
Water - City of Tigard Public Works. The City of Tigard's water system has the capacity to
provide the minimum State of Oregon water service requirements for the proposed annexation,
CACH CREEK AREA ANNEXATION
ZCA2006-00002 PAGE 3 OF 12
according to Public Works Dept. Project Engineer Rob Murchison. Murchison's review concluded
that the parcels developed to the most intense use allowed will not significantly reduce the level of
services available to developed and undeveloped land within the City of Tigard. Attachment A
includes Murchison's Aug. 16, 2006, memo and a map of water serviceability to the annexation
area that identifies area water lines. Murchison's memo also notes that the proposed development
(Brentwood) may require upsizing and a 8" connection to the existing system; again, that
application is a separate land-use decision with its own set of review criteria and will not be
addressed in this report. The land-use review process will identify specific service provisions and
require additional facilities or upgrades as appropriate based on the specific development proposal.
Tigard City Engineer Gus Duenas further confirms that the City has adequate capacity
("Memorandum," Attachment B) and states that "the City has the ability and capacity to determine
what specific improvements may be needed and the ability and capacity to provide service through
its existing system and any additional infrastructure that will be required when development
occurs."
Sewer - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas
("Memorandum," Attachment B) reviewed the proposal and provided the following comments:
"Sanitary sewer service is provided at the retail level by the City and at the wholesale level by Clean
Water Services (CWS). As to the capacity of the City's system, the City is capable of providing
retail level sewer service without significant reduction in the level of services provided to
developed and undeveloped properties in the City. As with the water system, some local lines will
be required to be provided by the developer at the time of the development. The City is prepared
to accept, operate and maintain public sewers constructed within the annexed area. Sewer service
can be extended from CWS facilities in Menlor Lane and 154`" Avenue located north of the site.
The City is capable of determining what additional facilities will be required and of administering
all portions of the retail sanitary sewer system, both existing and future additions in the area to be
annexed, without significant reduction in the level of services provided to properties in the City."
Drainage - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas
("Memorandum," Attachment B) reviewed the proposal and provided the following comments:
"Storm drainage service, like sanitary sewer service, is provided jointly by the City and CWS. Site
specific drainage facilities will be required at the time of development and will be developed and
constructed in accordance with City standards. The retail system as the capacity to provide
adequate storm drainage without significant reduction in the level of services provided to
developed and undeveloped properties in the City."
Streets - City of Tigard Capital Construction & Transportation Division. The City's
Transportation System Plan (TSP) standards apply. The proposed annexation territory is located
adjacent to Sunrise Lane, which is designated a neighborhood route in the City's Transportation
System Plan (TSP). In addition, the southernmost portion of the proposed annexation territory
(WCTM 2S108AB01201) fronts directly on SW Bull Mountain Road, which the City's TSP
designates as a collector. Additional roads to serve the proposed annexation territory include 150`h
Avenue, Roshak Road, 154`h Avenue, and other surrounding streets. Tigard City Engineer Gus
Duenas ("Memorandum," Attachment B) reviewed the annexation proposal and concluded that
some improvements to these streets may be required as part of the development of the annexed
area, including extension of existing streets into the area. However, Duenas determined that the
CACH CREEK AREA ANNEXATION
ZCA2006-00002 PAGE 4 OF 12
City can provide services to this site, and "doing so will not significantly reduce the level of
services to developed and undeveloped land within the City of Tigard."
Police - City of Tigard Police Department. The City of Tigard's Police Department has
reviewed the annexation proposal and stated that the proposed annexation would not impede
current levels of service to existing developed and undeveloped areas in the City of Tigard. If the
area is annexed, Tigard Police can provide adequate services to the proposed area. (Attachment C).
Fire - Tualatin Valley Fire and Rescue (TVF&R). Tualatin Valley Fire and Rescue (TVF&R)
already serves the proposed annexation territory. Additionally, TVF&R reviews all subdivision
development proposals and annexation proposals for the City of Tigard and would provide
additional comments at that time.
Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan)
are available to the proposed annexation territory and all public services have sufficient capacity to
provide service to the proposed annexation territory.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been
satisfied.
Three Comprehensive Plan policies apply to proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff
has determined that the proposal has satisfied the applicable Comprehensive Plan policies based
on the following findings:
Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provided an opportunity to be involved in all phases
of the planning process.
The City maintains an ongoing citizen involvement program. To assure citizens will be provided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type
IV land-use applications. The City posted, mailed and published notice of the public hearing as
follows. The City posted the hearing notice at four public places on August 11, 2006: Tigard
Library, Tigard City Hall, Tigard Permit Center, and in the general vicinity of the proposed
territory on SW Sunrise Lane and on SW Bull Mountain Road near SW Roshak Road. The City
published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks
(September 7, 2006 and September 14, 2006) prior to the September 26, 2006, public hearing. The
City also mailed notice to all interested parties and surrounding property owners within 500 feet on
August 7, 2006. In addition, the City maintains a list of interested parties organized by geography.
Notice was mailed to interested parties in the West area on August 7, 2006, which includes former
Citizen Involvement Team contacts and CPO 4B, the citizen participation organization for the
area. Staff finds that this policy is met.
Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard,
a) the City shall review each of the following services as to adequate capacity, or such services to
be made available, to serve the parcel if developed to the most intense use allowed, and will not
significantly reduce the level of services available to developed and undeveloped land within the
City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection.
As addressed under 18.320.020 above, adequate service is available to the proposed annexation
CACH CREEK AREA ANNEZATION
ZCA2006-00002 PAGE 5 OF 12
territory. Upon annexation, the proposed territory will be zoned R-7, a medium-density single-
family residential zone with a minimum residential lot size of 5,000 square feet. The privately
owned properties have an estimated maximum density of 63 units (not taking into account
sensitive lands).' If they develop, the developer(s) will be required to connect the properties to
public service facilities, such as sewer, storm drainage and water, and provide the necessary street
improvements. Based on comments from City of Tigard staff, there is adequate capacity to serve
the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to the most
intense use allowed, and it will not significantly reduce the level of services available to developed
and undeveloped land within the City of Tigard.
The City of Tigard department of Public Works has reviewed the annexation proposal and states
that the City's water system can provide the minimum State of Oregon water service requirements
for the proposed territory based on the maximum density permitted. Public Works states that
water is available in quantity and quality and has not indicated that there would be a reduction in its
capacity to provide water to the proposed annexation territory or reduce the level of service to the
entire City. The Police Department reviewed the proposal and has no objections. The
Engineering Department reviewed the proposal and has no objections. The Engineering
Department confirmed that sewer service, storm drainage and street access are available to the site.
Tualatin Valley Fire and Rescue (I VF&R), the current provider to the proposed territory, did not
raise any objections. Staff concludes that there is adequate capacity to serve the proposed territory
(water, sewer, drainage, streets, police, fire protection) if developed to the most intense use
allowed, and will not significantly reduce the level of services available to developed and
undeveloped land within the City of Tigard.
b) If required by an adopted capital improvements program ordinance, the applicant shall sign and
record with Washington County a nonremonstrance agreement regarding the following: 1. The
formation of a local improvement district (L.I.D.) for any of the following services that could be
provided through such a district. The extension or improvement of the following: a) Water, b)
Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above
services or the inclusion of the property into a special service district for any of the above services.
This criterion does not apply: No capital improvements program requires a nonremonstrance
agreement for this area. Some urban services are already available for the proposed annexation
territory; others are available nearby and would require connections from the proposed annexation
area. However, these public facility requirements will be assigned as part of any subdivision review
when an application is submitted.
c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within
the Urban Growth Boundary upon annexation.
The Tigard Urban Planning Area (as defined in the lY/ashington County - Tigard Urban Planning Area
Agreement (UPAA O'uly 2006); see Attachment D of application submittal) includes the proposed
annexation territory. The City is the designated urban services provider for the services defined in
the Tigard Urban Semice Agreement (TUSA) (2002) and subsequent operating agreements: police;
parks, recreation and open space; roads and streets; sanitary sewer and storm water (through an
operating agreement with Clean Water Services); and water service. Upon annexation, those
services will be provided according to the City's current policies. Staff finds that this policy is met.
Maximum density was calculated using formula provided in Code Chapter 18.715.
CACH CREEK AREA ANNEXATION
ZCA2006-00002 PAGE 6 OF 12
Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based
on findings with respect to the following: a) The annexation eliminates an existing "pocket" or
"island" of unincorporated territory; or, b) The annexation will not create an irregular boundary
that makes it difficult for the police in an emergency situation to determine whether the parcel is
within or outside the City; c) The Police Department has commented upon the annexation; d) the
land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The
annexation can be accommodated by the services listed in 10.1.1(a).
a) The proposed annexation does not eliminate an existing pocket or island of unincorporated
territory. It does remove portions of an existing pocket ("Dyer" property) and would
incorporate City-owned land and publicly owned land that provides Tigard residents with
public services.
b) As stated earlier, only 9.14 acres of the proposed annexation area are in private ownership and
zoned for residential development. The remaining acreage consists of land in public ownership
for public services, including land for the public water system and a natural area, which require
limited services. The City of Tigard Police Department has reviewed the proposed annexation
and has no objections. The department stated (Attachment C) that "the proposed boundary for
the annexation does not appear to present any obstacles for emergency response by the Police
Department." It should also be noted here that the owners of three adjacent properties on
Sunrise Lane have expressed the desire to join this proposed annexation (15180, 14625, and
15110 SW Sunrise Lane); the annexation of those additional properties would eliminate
additional pockets and create a more regular boundary. However, the current proposal does
not include those properties.
c) As shown in B. above, the City of Tigard Police Department has commented on the
annexation.
d) The UPAA Duly 2006) includes the proposed annexation territory within Tigard's Area of
Interest. The proposed annexation territory is contiguous to the City along the site's east
boundary and Sunrise Lane.
e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the
following services: water, sewer, drainage; streets; police; and fire protection.
Therefore, staff finds that the proposed annexation meets Policy 10.1.2.
Policy 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington
County zoning designation, the City of Tigard shall assign the City of Tigard zoning district
designation which most closely conforms to the county zoning designation.
Chapter 18.320.020 C of the Community Development Code provides specifics on this
conversion.
The proposed annexation territory's Washington County designation is R-6. Table 320.1
summarizes the conversion of the County's plan and zoning designations; R-6 County zoning
converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon
approval and execution of the proposed annexation, the territory will assume R-7 zoning to
conform with the table below. Additionally, the City's Comprehensive Plan designation for
medium-density residential will be applied to this area.
CACH CREEK AREA ANNELATION
ZCA2006-00002 PAGE 7 OF 12
TABLE 320.1
CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS
Washington County Land Use City of Tigard Zoning City of Tigard
Districts/Plan Designation Plan Designation
R-5 Res. 5 units/acre R-4.5 SFR 7.500 .sq. ft. Low density 1-5 unitslacre
R-6 Res. 6 units/acre R-7 SFR 5:000 sq. ft. Med. density 6-12 units/acre
R-9 Res. 9 units/acre R-12 Multi-fttinly 12 unitslacre Med. density 6-12 unitslacre
R- 12 Res. 12 unitslacre R-12 Multi-family 12 unitslacre Med. density 6-12 units/acre
R-15 Res. 15 unitslacre R-25 Multi-fannily 25 twits/acre Mediutn-High density 13-25
units/acre
R-24 Res. 24 units/acres R-25 Multi-funily 25 units/acre Medium-High density 13-25
units/acre
Office Cotmnercial C-P Commercial Professional CP Commercial Professional
NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial
CBD Commercial Business CBD Cotmmercial Business CBD Commercial Business
District District District
GC General Cotmmercial CG General Commercial CG General Commercial
IND Industrial I-L Light Industrial Light Industrials
Chapter 18.320.020
C. Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be the City's
zoning district which most closely implements the City's or County's comprehensive plan map
designation. The assignment of these designations shall occur automatically and concurrently with the
annexation. In the case of land which carries County designations, the City shall convert the County's
comprehensive plan map and zoning designations to the City designations which are the most similar. A
zone change is required if the applicant requests a comprehensive plan map and/or zoning map
designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be
processed concurrently with an annexation application or after the annexation has been approved.
As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to
Washington County's R-6 zoning district. The proposed territory is currently R-6 and will automatically
become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process.
There have been no requests for zoning other than R-7.
City. of Tigard Community Development Code
2. Capter 18.390.060: IV Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020(B), which
were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to
publish newspaper notice; the City mailed notice on August 7, 2006, and published public notice in The
Tigard Tualatin Sherwood Times for two successive weeks (September 7, 2006, and September 14, 2006,) prior
to the September 26, 2006, public hearing.
CACH CREEK AREA ANNE1r MN
ZCA2006-00002 PAGE 8 OF 12
Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197;
The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development
Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal
meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals.
2. Any federal or state statutes or regulations found applicable;
ORS 222:
State law (ORS 222.120(4)(b), ORS 222.125, ORS 222.170(1) and (2)) allows for a city to annex contiguous
territory when owners of land in the proposed territory to be annexed submit a petition to the legislative body
of the city. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council)
and provide public notice to be published once each week for two successive weeks prior to the day of the
hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be
posted in four public places in the city for a like period.
The property owners (or their representatives) of all 11 parcels have submitted signed petitions for
annexation to the City. The proposed annexation territory is contiguous to the City along the site's east
boundary and Sunrise Lane.
The City published public notice in The Tigard Tualatin Shenvood Times for two successive weeks (September
7, 2006, and September 14, 2006,) prior to the September 26, 2006, public hearing and posted the hearing
notice at four public places on August 11, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center,
and in the general vicinity of the proposed territory. Staff fords that the provisions of ORS 222 have been
met.
3. Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Note that the report is
available 15 days before the hearing (September 11, 2006, for an September 26, 2006, hearing). Staff has
determined that the applicable METRO regulations (Metro Code 3.09.040(b) &&(d),) have been met based
on the following findings:
Metro 3.09.040 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make
available to the public a report that addresses the criteria in subsections (d) and (g) below, and that
includes at a minimum the following:
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report, urban services are available to the affected territory.
(2) A description of how the proposed boundary change complies with any urban service provider
agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties;
As addressed previously in this report, the annexation proposal complies with all applicable
provisions of urban service provider agreements, UPAA (2006); and TUSA (2002).
CACH CREEK AREA ANNEXATION
ZCA2006-00002 PAGE 9 OF 12
(3) A description of how the proposed boundary change is consistent with the comprehensive land
use plans, public facility plans, regional framework and functional plans, regional urban growth
goals and objectives, urban planning agreements and similar agreements of the affected entity and
of all necessary parties;
As addressed previously in this report, the annexation proposal complies with all applicable
policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA
(2006) and TUSA (2002). The proposed annexation territory is within the Urban Growth Boundary
and subject to the Regional Framework Plan and Urban Growth Management Functional Plan
provisions. There are no specific applicable standards or criteria for boundary changes in the
Regional Framework Plan or the Urban Growth Management Functional Plan. However, the
City's Comprehensive Plan and Development Code have been amended to comply with Metro
functional plan requirements. By complying with the Development Code and Comprehensive
Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan.
(4) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary party; and
The proposed territory will remain within Washington County but will be required to be
withdrawn from the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington
County Street Lighting District #1, and the Washington County Vector Control District upon
completion of the annexation.
(5) The proposed effective date of the decision.
The public hearing will take place September 26, 2006. If the Council adopts findings to approve
ZCA2006-00002, the effective date of the annexation will be October 26, 2006.
Metro Code 3.09.040 (dl
(d) An approving entity's final decision on a boundary change shall include findings and conclusions
addressing the following criteria:
1. Consistency with directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
As addressed previously in this application, the annexation proposal complies with all applicable
provisions of urban service provider agreements (UI'AA (2006) and the TUSA (2002)). The TUSA
includes the proposed annexation territory. The agreement states that the County and City will be
supportive of annexations to the City, and the City shall endeavor to annex the Bull Mountain area
in the near to mid-term (by 2005-2007, as projected in the TUSA). The proposed annexation is in
the Bull Mountain Area and is contiguous to city limits. Therefore, the proposed annexation is
consistent with these agreements.
2. Consistency with directly applicable provisions of urban planning or other agreements, other
than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary
party;
The UPAA (2006) includes the proposed annexation territory. The City has followed all processing
and notice requirements in the UPAA, providing Washington County with 45-day notice prior to
the public hearing. The agreement states that "so that all properties within the Tigard Urban
Service Area will be served by the City, the County and City will be supportive of annexations to
CACH CREEK AREA ANNMLNTION
ZCA2006-00002 PAGE 10 OF 12
the City." The City also provided notice to the affected CPO (CPO 4B) per the agreement. The
annexation proposal is consistent with this agreement.
3. Consistency with specific directly applicable standards or criteria for boundary changes
contained in comprehensive land use plans and public facility plans;
As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive
Plan provisions. This criterion is satisfied.
4. Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plan;
This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard
Community Development Code and Comprehensive Plan, the annexation is consistent with the
Functional Plan and the Regional Framework Plan.
5. Whether the proposed change will promote or not interfere with the timely, orderly and
economic provisions of public facilities and services;
The proposed annexation will not interfere with the provision of public facilities or services
because it is consistent with the terms of the TUSA (2002), which ensures the timely, orderly, and
efficient extension of public facilities and urban services; it is contiguous to existing city limits and
services; and lastly, urban services are available to the proposed annexation territory and have not
been found to significantly reduce existing service levels.
6. The territory lies within the Urban Growth Boundary; and
The proposed territory is within Metro's Urban Growth Boundary.
7. Consistency with other applicable criteria for the boundary change in question under state and
local law.
In previous sections, this report reviewed the proposal's consistency with other applicable criteria
and found it to be consistent.
(Tigard CDC 19.390.060)
4. Any applicable comprehensive plan policies; and
As demonstrated in previous sections of this report, the proposed annexation is consistent with, and
meets, all applicable comprehensive plan policies.
5. Any applicable provisions of the City's implementing ordinances.
There are no specific implementing ordinances that apply to this proposed annexation. Chapter 18 of the
City Code will apply to development of the property.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Public Works, Engineering and Police Departments have reviewed the proposal and
have no ob)ections to it and have not indicated that the proposed annexation would reduce their capacity
CACH CREEK AREA ANNEXATION
ZCA2006-00002 PAGE 11 OF 12
to provide services to the proposed annexation territory or reduce the level of City services. Full
comments are provided in the attachments listed below.
Attachment A: "Memorandum," from Rob Murchison, Public Works Dept. Project Engineer
Attachment B: "Memorandum," from Gus Duenas, Engineering Division
Attachment C: E-mail from Jim Wolf, Tigard Police Department
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the annexation proposal and has no objections, comments or
conditions.
~S Z o06
E ABED ' y Eng DATE
Assistant Planner
REVIEWED BY: Coffee DATE
Community Development Director
CACH CREEK AREA ANNEXATION
ZCA2006-00002 PAGE 12 OF 12
AGENDA ITEM No. 6 Date: September 26, 2006
PUBLIC HEARING
(QUASI-JUDICIAL)
PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER THE
ANNEXATION OF THE CACH CREEK AREA (ZCA 2006-00002)
• TESTIMONY SIGN-UP SHEETS
PROPOSAL: The applicant is requesting annexation of-eleven (11) parcels and the Sunrise Lane right-of-way containing
a total of 40.93 acres into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and north of SW
Bull Mountain Road, including right-of-way on SW Sunrise Lane; Washington County Tax Assessor's Map No. (WCTM)
2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 &
400; and WCTM 2S105DD, Tax Lots 200 & 300. CURRENT ZONING DESIGNATION: R-6 District (Residential 6
Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan
for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre,
except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more
flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONING DESIGNATION: R-7:
Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-
family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square
• feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted
outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS
Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters
18.320 and 18.390.
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 and is openly available to all members of the public. 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
JFPFIF
AGENDA ITEM-NO. 6
This is a City of Tigard public meeting, subject to the State of Oregon's public meetJng and records laws. All written and oral testimony
become part of the public record. The names and addresses ofpersons who attend orparticipate in City of Tigard public meetings will be
included in the meeting minutes, which is a public record.
Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral
NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE
Please Print Please Print Please Print
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will help th residing offi r pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce:
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Phone No. Phone No. ` OZ 6 Phone No.
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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
4 will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce:
Address Address Address
City City City
State Zip State Zip State Zip
Phone No. Phone No. Phone No.
D66
Alen th-
Lisa Hamilton-Treick
G
13546 SW Beef Bend Rd.
Tigard, OR 97224
September 26, 2006
Mayor Dirksen and Councilors
13125 SW Hall Blvd.
Tigard, OR 97223
Re: 41 Acre Cach Creek Annexation
Dear Mayor Dirksen and Members of the Council:
As a resident of unincorporated Bull Mountain and as a Co-Chief Petitioner
for the proposed City of Bull Mountain I object to this annexation and
Tigard's attempt to remove territory from the proposed city boundary.
Significant steps have been taken (and accepted by Washington County) by
members of the community, over several months, in an effort to place
incorporation before the voters on November 7, 2006.
1) The Economic Feasibility Statement was submitted to Washington
County on May 25, 2006, along with other required documents necessary to
begin the incorporation process.
2) On May 30, 2006, 776 petition signatures were submitted to Washington
County. The required 10% of the registered voter's signatures, from within
the proposed boundary, were verified.
3) June 8, 2006 Washington County Board of Commissioners voted to move
forward with public hearings on the incorporation proposal.
4) Three public hearings were held; on August 8, 2006 Washington County
Board of Commissioners voted unanimously to place incorporation before
the voters within the proposed boundary.
I raise the following questions and issues regarding this proposed annexation:
1) There is a lack of consent or petition from Washington County for
inclusion of the county road.
2) The proposed boundary creates islands and an irregular boundary
which is contrary to Tigard's Comp Plan 10. 1.2 which provides that
approval shall be based on findings with respect to the following: a)
the annexation eliminates an existing pocket or island of
unincorporated territory, or b) the annexation will not create an
irregular boundary that makes it difficult for the police in an
emergency situation to determine whether the parcel is within or
outside the City.
Tigard's plan creates islands and prevents four property owners from
being included in the new city boundary. Where does this leave their
vote on November 7, 2006 election only six weeks from now? One
large property owner has recently withdrawn his consent to annex.
This again alters the boundary.
3) The report and the proposed ordinance state that the property is
presently zoned county R-6 and will be changed to a comparable city
R-7 with the annexation by operation of the TDC 18.320.020. I ask
that staff clarify why the designation is not R-7 now under County
Ordinance 487?
4) Historically, Tigard has ignored the Bull Mountain Community Plan,
or has offered annexation as a means to avoid compliance with the
BMCP. What is the city's position on the Bull Mountain Community
Plan as it relates to this annexation? Why doesn't it apply now under
the county ordinance?
5) If the zoning and plan provisions change from county to city then a 45
day advance notice to LCDC is required under ORS 197.610. When
will the city provide such notice?
6) Tigard's track record on Goal 5 resource protection is very poor. The
areas proposed for annexation to Tigard are acknowledged by Tigard
to have Goal 5 resources. Under Tigard's jurisdiction the level of
protection will certainly decrease and will potentially cause
irreparable harm to the land by compromising the natural resources
and impacting neighboring properties and property owners.
7) Per ORS 222.120(2), if Council chooses not to submit annexation to a
vote of the electors of the city, it shall set a date to hold a hearing
where the electors may appear. Since the Council has taken no action
with respect to this proposal, including not setting a date and ordering
the hearing, this hearing does not dispense with the requirement for an
election.
8) There are competing and unresolved jurisdictional issues which must
be settle through Washington County Circuit Court or through the
Land Use Board of Appeals, should Tigard choose to move forward
with this annexation.
9) Washington County Commissioner Dick Schouten wisely stated
during the incorporation hearings, that the best way to provide for
parks in the Bull Mountain area is to keep the Cach Creek nature area,
Tigard's property, and the Tigard Water District property in the new
city boundary, where the combined acreage may be large enough to
qualify as a regional park. The area could be best served if the new
City of Bull Mountain and Tigard must work together to provide the
land, improvements and maintenance dollars.
10 Since this is a quasi-judicial hear, I request under ORS 197.763, that
the record remain open for a minimum of seven days to allow
introduction of additional evidence, arguments or testimony.
I request the Tigard City Council place this annexation on hold until after
the November election. The incorporation proceeding was initiated prior
to the annexation proceeding. Washington County has prior jurisdiction
and Tigard cannot proceed until after the election and then only if the city
is not approved.
Sincer ly,
Lisa H ilton-Treick
P`22 06 06:04p Rep Jerr Krummel 5035702865 p.2
ANN BOSS
000 GOUAT 37 W4 5101
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STATE OF OREGON
LEGISLATIVE COUNSEL COMMITTEE
September 20, 2006
Representative Jerry Krummel
7544 SW Roanoke Drive N
Wilsonville OR 87070
Re: Annexation and Incorporation Priority
Dear Representative Krummel:
You asked about the legality of proceedings to annex territory that are initiated after
proceedings to incorporate a new city have commenced. The situation Involves a petition to
incorporate the proposed new City of Bull Mountain and a subsequent petition of the City of
Tigard to annex all or part of the same territory.
If the proceedings of both municipalities are lawfully undertaken, the proceedings of both
municipalities may be maintained and none of the proceedings are void ab initio, or void from
the very inception of the act.' However, when Uo municipal bodies are lawfully and fully
organized, it is clear that both cannot exist for the same purpose and exercise the same
authority over the same territory: 2 The only basis for the courts to intervene In the otherwise
lawful proceedings of either municipality Is to "prevent the abuses that would arise when two
governmental powers are attempting to exercise authority over the same territory. ,3 tinder those
circumstances and modeled on the court's analysis of the priority of courts that share concurrent
jurisdiction, the Oregon Supreme Court concluded that the first municipality to exercise
jurisdiction obtains priority to complete its proceedings and that the second municipality "as a
matter of policy" may not Interfere with the first municipality's proceedings while those
proceedings are pending ° To that end, while both proceedings are pending, the first
municipality may seek and be entitled to have the second municipality enjoined, or ousted in
quo warranto proceedings, while the first municipality's proceedings are pending s
Because the governing body of Washington County approved the petition to incorporate
the City of Bull Mountain and set an election date, appropriate parties who favor incorporation
would appear to be entitled to temporary injunctive relief to delay the City of Tigard's
proceedings to annex the same territory. The injunction might properly be made permanent if
the electors approve incorporation at the scheduled election. In the absence of Injunctive relief,
both proceedings may continue, and, if the electors reject incorporation, the City of Tigard's
annexation proceedings take effect if completed in accordance with the legal requirements for
annexation.
' Landis v. C11y of Roseburg, 243 Or. 44 (19M (aitatbns omttted).
2 Id at 48.
Id at 52.
° Id. at 60.
S id at 51.
k;W1xA07Yc1268 bhmdw
22 06 06:04p Rep Jerry Krummel 5035702 p.1
VVI 1L1/ LVVV 1L. VV !AL
t Represer uft Jerry Knimmel
Septmber 2D. 2000
Page 2
The opinions written by the Legislative Counsel and the staff of the Legislative Counsel's
office are prepared solely for the purpose of assisting members of the Legislative Assembly In
the development and consideration of legislative matters. In performing their duties, the
Legislative Counsel and the members of the staff of the Legislative coursers office have no
authority to provide legal advice to any other person, group or entity. For this reason, this
opinion should not be considered or used as legal advice by any psrson ocher than legislators in
the conduct of legislative business. Public bodies and their officers and employees should seek
and rely upon the advice and opinion of the Attorney General, district attomey, county counsel,
city attorney or other retained counsel. Constituents and other private persons and entities
should seek and rely upon the advice and opinion of private counsel.
Sincerely,
ANN BOSS
Legislative Counsel
-%42~,--
By
8. Harrison Conley
Deputy Legislative Counsel
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September 269 2®®6
City ®T Tigard
PubOic Hearing
Testimony oT Richard A. lFramIke
Re: Proposed an nemation oT 41 acres on Bu DD Mop nta in
R ireoMe at M900 SW M" Avenue
BURR I`i ou ntak, ®u°eg®IIn 97224
R tesfnfy thn s evennnng to n°emonnstirnte ngna nnst the
My of 7npird95 ncifl®nns k aunaneraflon of 41 acn°es of Rand
Rocated wftMn the boundvr~es of the proposed new Chy of
IB uRD Mou nt.%in .
The pan°tnes seem to .9gn°ee that 66Mrst nun fnmme has iln°st nR
ilght". (DRS 23LM(I) provides that before ckcuRaflng
a petftionn to nnncoirporrate a new c ftyg the pefifn®n eirs shaER
Me D fth the county cReir k a petWonn T®n° nnnc oirpoira norm. The
statute piroAde5 that the cReir k ah.O ftte zimd tnmme stamp
the petWon and 5h,%RR nmmmmedl nteRy send two copnes to the
county commkqsnon.
R beHede that the data and ifimme stampkg of the nmlc®n°p®n°afn®n
w .
petition marks the beginning of the incorporation process.
These actions were taken before the city commenced it's
effort to annex the subject property. Accordingly, I
believe the residents of Bull Mountain will ultimately prevail
l
in the litigation.
The litigation, however, is NOT what I want to address this
evening. What I want to address is the "wrongness" of the city's
action - it is wrong, wrong, wrong. Has this council no sense
of decency? Has it no respect for the will of the citizens who
would be affected by it's actions? Must the lust for more tax
revenue trump basic fairness?
I urge the council to do the RIGHT thing: stop the
annexation effort immediately and abide the outcome of
the incorporation vote on November 7t''.
Thank you
Richar + ranzke `G--
Carol Krager -revised ordinance for ZC 9006-00002 _ Page 1
From: Emily Eng
To: Carol Krager
Date: 9/26/2006 4:16:01 PM
Subject: revised ordinance for ZCA2006-00002
Carol,
Here is the revised ordinance. Thanks!
-Emily
Emily Eng
Assistant Planner
City of Tigard Community Development
13125 SW Hall Blvd.
Tigard, OR 97223
www.ci.tigard.or.us
T: (503) 718-2712
F: (501) 598-1960
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2006- 13
AN ORDINANCE ANNEXING 40.93 ACRES, APPROVING CACH CREEK AREA
ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY FROM THE TIGARD
WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL
DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT,
WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON
COUNTY VECTOR CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS
222.170(1) and (2) to annex contiguous territory upon receiving written consent from owners of land
in the territory proposed to be annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently he within the boundary of the Tigard Water District, the Washington County
Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District,
Washington County Street Lighting District #1, and the Washington County Vector Control District
upon completion of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on September 26, 2006, to consider the
annexation of eleven (11) parcels (WCTM 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S108AB,
Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 & 400; and WCTM 2S105DD, Tax
Lots 200 & 300) of land located adjacent to and west of SW Sunrise Lane, and adjacent to and north of
SW Bull Mountain Road, including right-of-way on SW Sunrise Lane and withdrawal of said property
from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore,
no option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property
from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District on September 26, 2006; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties
from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District by Ordinance; and
ORDINANCE NO. 2006- ZCA2006-00002 Cach Creek Area Annexation
Page 1 of 3
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current zoning district is R-6, a Washington County zoning designation and the
zoning after annexation would be automatically changes to R-7, the equivalent City of Tigard
zoning designation, so that no zone change is necessary, and by annexation the Comprehensive
Plan of the City of Tigard goes into effect; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed properties from the applicable service districts is in the best
interest of the City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit
"A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water
District, the Washington County Enhanced Sheriffs Patrol District, Washington
County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in
support of this decision; a copy is attached hereto as Exhibit "D" and incorporated
herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including certified copies of the Ordinance with Metro for administrative processing,
filing with state and county agencies as required by law, and providing notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
the Washington County Enhanced Sheriffs Patrol District, Washington County Urban
Roads Maintenance District, Washington County Street Lighting District #1, and the
Washington County Vector Control District shall be the effective date of this
annexation.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2007.
ORDINANCE NO. 2006- ZCA2006-00002 Cach Creek Area Annexation
Page 2 of 3
t~
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By vote of all Council members present after being read by number
and tide only, this day of 52006.
Cathy Wheatley, City Recorder
APPROVED: By Tigard City Council this day of ,
2006.
Craig Dirksen, Mayor
Approved as to form:
City Attorney Date
ORDINANCE NO. 2006- ZCA2006-00002 Cach Creek Area Annexation
Page 3 of 3
Agenda Item #
Meeting Date September 26, 2006
CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide Consider a Resolution Adopting the Tigard Downtown Streetscape Design Plan
Prepared By: Denver Igarta Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY
Shall the City Center Development Agency approve a resolution adopting the Tigard Downtown Streetscape Design
plan?
STAFF RECOMMENDATION
Staff recommends approval of a resolution adopting the Tigard Downtown Streetscape Design Plan
KEY FACTS AND INFORMATION SUMMARY
In September 2005, the City Council approved by Resolution (#05-62) the Tigard Downtown Improvement Plan
(I'DIP), a long-term strategy for a Downtown improvement effort. The first of eight catalyst projects identified in the
TDIP is to develop a Streetscape Enhancement Program for the Downtown area.
On November 8, the Local Contract Review Board approved awarding a contract to Otak, Inc. for design services for
the Tigard Downtown Streetscape Project (Phase 1) to develop a Downtown Streetscape Design Plan. The Tigard
Downtown Design Streetscape Plan establishes the design theme and functional improvement plans for Downtown's
streetscape and design concepts for gateways, public spaces, and streets (including "green street" treatments). Design
concepts were established for Main Street, Burnham Street and Commercial Street (west of Main Street). The design
concepts and thematic elements developed during the Downtown Streetscape Design Plan will directly guide the final
engineering design and construction of Downtown streetscape components in the future.
A citizen Streetscape Working Group (SWG) was formed to provide guidance and design input throughout the
formation of the Downtown Streetscape Design Plan. Seven meetings were held with the SWG from December, 2005,
to July, 2006. A public Open House was held on May 25, 2006, to introduce residents to the Downtown streetscape
design concepts.
On February 21, May 16, and September 19, 2006, the consultant team and staff presented status reports on the
streetscape design project to City Council.
On September 26, 2006, the City Center Development Agency will be asked to consider a resolution adopting the
Tigard Downtown Streetscape Design Plan.
I:\LRPLN\Council Materials\2006\9 26 06 CCDA AIS -TDSDP.doc 1
a
OTHER ALTERNATIVES CONSIDERED
None considered.
CITY COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
2006 Tigard City Council Goals: Implement Downtown Plan
• Implement catalyst projects including improvements to Burnham Street and identify and purchase land for a
Downtown public gathering place
• Work to assure passage of the Urban Renewal Plan Ballot measure
• Identify and make changes to the Tigard Development Code needed to implement the Downtown Plan (e.g.,
zoning overlays, design standards
ATTACHMENT LIST
Attachment 1: A Resolution Adopting the Tigard Downtown Streetscape Design Plan
Exhibit A: Tigard Downtown Streetscape Design Plan and Appendices
FISCAL NOTES
Preliminary planning level budget estimates were developed as part of this work effort to assist with the
identification of funding sources for final engineering design and construction.
I:\LRPLN\Council Materials\2006\9 26 06 CCDA AIS -TDSDP.doc 2