City Council Packet - 11/28/2006
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
November 28, 2006
COUNCIL MEETING WILL BE TELEVISED
I:\Ofs\Do n n a's\Ccp kt3
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
ITY COUNCIL,
ELOPMENT AGENCY y`
17OR REVIEW BOARD, AND
TINGS
28, 2006 6:30 p.m.
JS
CITY HALL
Ht1LL BLVD
, OR
97223
PUBLIC NOTICE:
To request to speak to the City Council:
➢ Anyone wi shing to speak on an agenda item should sign the appropriate sign-up sheet(s).
➢ If no sheet is available for the agenda item you would like to address: o Sign the Citizen Communication sign-up sheet
o During Citizen Communications ask the Mayor if you may speak when the agenda
item is considered by the Council.
o The Mayox will deterinine whethex public comment will be accepted.
➢ Sign the Citizen Communication sign-up sheet if you would like to address the Council on
items not on the agenda. Citizens ate asked to keep their remarks to two minutes or less.
' Longer matters may be set for a future agenda by contacting the Mayor ox the City Manager.
➢ If you need assistance determining how to sign in, please speak to the staff greeter who will be
near the entrance to Town Hall before the Council meeting.
Times noted aYe estimated; it is recommended that persons interested in testifying be present by 7:15
p.m. to sign the testimony sign-in sheet. Business agenda items can be heard in anv ordex after 7:30
p.tn-
Assistive Listening llevices are available for persons with impaired heating and should be scheduled
for Council meetings by noon on the Monday pxiox to the Council meeting. Please call 503-639-4171,
ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Dea fl.
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impa.irinents; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providexs, 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 - Telecommurucations
Devices for the Dea fl.
SEE ATTACHED AGENDA "
TIGARD CITY COUNCIL, LOCAL CONT1tACT 12EVIEW BOARD,
AND CITY CENTER DEVELOPMENT AGENCY AGLNDA - NOVEMBER 28, 2006 page 1
AGENDA
TIGARD CITY COUNCIL AND
LOCAL CONTRACT REVIEW BOARD MEETINGS
NOVEMBER 28, 2006
6:30 PM
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss
pending lirigarion and real pYOperty transaction negotiations with legal counsel under ORS
192.660(2) (e) and (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 fox the purpose of taking any fmal action or making any final decision.
Executive Sessions are closed to the public.
• STUDY SESSION
➢ Discuss Potential Jaywalking Ordinance - Police Department
➢ City Center Advisory Coinmission Downtown Development Letter-Community Development
Department
➢ Fee Schedule Adjustment for Planned Development-Community Development Department
TIGARD CITY COUNCIL,
LOCAL CONTRACT REVIEW BOARD, AND
CITY CENTER DEVELOPMENT AGENCY MEETING
730 PM
1. BUSINESS MEETING
1.1 Call to Ordex: City Council & Local Contract Review Board
1.2 Roll Call
13 Pledge of Allegiance
1.4 Council Communicarions & Lia.ison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Citizen Communicarions - Sign Up Sheet
• Report from the Tigard Axea Chamber of Commerce President Ralph Hughes
• Follow-up to Previous Citizen Communication
TIGARD CI'I'Y COUNCIL, LOCAL CONTI2ACT REVIEW BOARD,
t1ND CITY CEN1'ER DEVELOPMENT AGENCY AGENDA - NOVEMBER 28, 2006 page 2
7:45 PM
3. CONSENT AGENDA: These items are considexed to be routine and may be enacted in one
motion without sepaxate discussion. Anyone may xequest that an item be removed by motion
for discussion and separate action. Motion to:
3.1 Approve Council Minutes for October 10, 17, and 24, 2006
3.2 Appxove Budget Amendment #6 to increase appropriations in the WateY
Quality/Quantity Fund Capital Projects budget fox the Hiteon Creek Riparian
Enhancement project Resolution No. 06-67
A RESOLUTION APPROVING BUDGET AMENDMENT #6 TO THE FY
2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE WATER
QUALITY/QUANTITY FUND CAPITAL PROJECTS BUDGET WITHIN THE
COMMUNITY INVESTMENT PROGRAM FOR ADDITIONAL FUNDING
FOR THE HITEON CREEK RIPARIAN ENHANCEMENT PROJECT
3.3 Approve Budget Amendment #7 to accept and expend Bureau of Justice Grant Funds
for the GREAT Program-- Resolution No. 06-68
A RESOLUTION APPROVING BUDGET AMENDMENT #7 TO THE FY
2006-07 BUDGET TO ACCEPT AND EXI'END BUREIU OF JUSTICE
GR.ANT FUNDS FOR THE GREAT PROGRAM
3.4 Appxove Budget Amendment #8 to incxease appropriations in the Gas Tax Fund for
funding of the Preliminary Engineer's Report for the proposed Local Improvement
District (LID) for infrastructure unprovements in the Tigard Triangle Resolution
No. 06- 69
A RESOLUTION APPROVING BUDGET AMENDMENT #8 TO THE FY
2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE GAS TAX
FUND CAPITAL PROJECTS FOR FUNDING OF THE PRELIMINARY
ENGINEER'S REPORT FOR THE PROPOSED LOCAL IMPROVEMENT
DISTRICT (LID) FOR INFRASTRUCTURE IMPROVEMENTS IN THE
TIGARD TRIANGLE
3.5 Approve Budget Amendment #9 to correct Budget Amendment #2's Resolution No.
06-49 Attachment A to the Resolution-- Resolution No. 06-70
A RESOLUTION APPROVING BUDGET AMENDMENT #9 TO THE FY
2006-07 BUDGET TO CORRECT BUDGET AMENDMENT #2'S
RESOLUTION NO. 06-49 ATTACHMENT A TO THE RESOLUTION
3.6 Appoint Dennis Sizemore to the Tree Boaxd as a Voting Citizen Member - Resolution
No. 06-71
A RESOLUTION APPOINTING DENNIS SIZEMORE TO THE TREE BOARD
AS A VOTING CITIZEN MEMBER
TIGA1tD CI1'Y COUNCIL, LOCAL CON1'1tACT RLVIEW BOt1RD,
ANll CI1'Y CENT'ER DEVELOPMENT AGLNCY AGENDA - NOVEMBER 28, 2006 page 3
3.7 Approve amending Master Fees and Charges Schedule and update the Planned
Developments Fee Schedule-Resolution No. 06-72
A RESOLUTION AMENDING RESOLUTION NO. 06-36 BY AMENDING
EXHIBIT A THERETO AND INCREASING THE PLANNED
DEVELOPMENT FEE
3.8 Approve Amendment to Resolution No. 06-65 Revising the Membership of the
Citizen Advisory Comnuttee for the Highway 99W Corridor Improvement and
Management Plan-Resolution No. 06-73
A RESOLUTION TO REVISE THE MEMBERSHIP OF THE CITIZEN
ADVISORY COMMITTEE FOR THE HIGHWAY 99W CORRIDOR
IMI'ROVEMENT AND MANAGEMENT PLAN BY AMENDING
RESOLUTION NO. 06-65
3.9 Local Contract Review Board:
a. Award of Contract for Construcrion of Hall Boulevard Sidewalk (from Spruce
Street to 850 feet south)
b. Award of Contracts for Wetland Services on an As-Required Basis
3.10 City Center Development Agency:
a. Direct staff to execute a Memoxandum of Understanding with Wilkitlg
Investments V LLC for a potential easement to develop a"gateway to Fanno
Creek Patk" from Main Street
b. Ditect staff to execute a Memoxandum of Understanding with Stevens Marine,
Inc. for potential purchase of key properties in the downtown
• Con.rentAgenda - Item.r Kemoved for Soarate Di.rcu.csion: Any item.r reque.cted to be removed from
the Con.rentAgenda for .reparate di.rcu,r,rion =//be conszdered immediately after the Council, Board or
Agency Directorr have voted on tho.re item.r which do not need di.rcus.rion.
7:50 PM
4. PRESENTATION TO CITY OF TIGARD OF PACIFIC NORTHWEST CLEAN
WATER ASSOCIATION'S 2006 OUTSTANDING REUSE CUSTOMER AWARD
Tigard Staff Introduction: Patk Supervisor Steve Martin
Presentation: Clean Water Services Wastewater Treatment Department Ditector Mark Poling,
Reuse Plan Project Manager Steve Kebbe, and Public Involvement Coordinator Sheri
Wandand
TIGt112D CITY COUNCII., LOCAL CONTRACT REVIEW BOARD,
AND CIT1' CLNTER DEVELOPMENT AGENCY AGENDA - NOVEMBER 28, 2006 pagc; 4
8:00 PM
5. PRESENTATION TO CITY OF TIGARD OF 2005/06 SILVER SAFETY AWARD
FROM LEAGUE OF OREGON CITIES AND CITY COUNTY INSURANCE
SERVICES
Tigard Staff Intcoduction: Assistant City Manager Newton
Presentation: Risk Manager
8:05 PM
6. PUBLIC HEARING (INFORMATIONAL) - FINALIZE SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 32 (SW FERN STREET)
a. Open Public Hearing
b. Declaxations or Challenges
c. Staff Report: Engineering Staff
d. Public Testimony:
Proponents
Opponents
e. Staff Recommendation
£ Close Public Hearing
g. Council Consideration: Approve Resolution No. 06-74
Council Member: I move for adoption of Resolution No. 06-74
Council Member: I second the motion
Mayor: Will the City Recorder please read the number and tide of the
resolution?
Ciry Recorder: RESOLUTION NO. 06-74 - A RESOLUTION
FINALIZING SANITARY SEWER REIMBURSEMENT
DISTRICT NO. 32 (SW FERN STREE'1) AND
AMENDING THE PRELIMINARY CITY ENGINEER'S
REPORT CONTAINED IN RESOLUTION NO. 05-05
Mayor: Is there any discussion?
Mayox (after discussion) All those in favor of adopting Resolution No. 06-74, please say
"aye."
Mayor/Councilors
Mayor: All those opposed to adopting Resolution No. 06-74, please
say "nay."
Ma or/Councilors
TIGARll CITY COUNCIL, LOCt1L CONTRr1CT REVIEW BOARD,
AND CITY CENT'ER DEVELOPMENT AGENCY AGENDA - NOVEM}3ER 28, 2006 page 5
Mayor: Resolution No. 06-74 (is adopted or has failed) by a
(unanimous, ox however votes were split) vote of the Council
members present.
Note: Tie vote.r = failurz to .
pa.r.r.
8:15 PM
7. PUBLIC HEARING (INFORMATIONAL) - FINALIZE SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 36 (SW 93RD AVENUE)
a. Open Public Hearing
b. Declarations or Challenges
c. Staff Report: Engineering Staff
d. Public Testimony:
Proponents
Opponents
e. Staff Recommendation
£ Close Public Hearing
g. Council Consideration: Approve Resolution No. 06-75
Council Membex: I move for adoption of Resolution No. 06-75
Council Membet: I second the motion
Mayox: Will the City Recorder please read the number and tide of the
resolution?
Ciry Recorder: RESOLUTION NO. 06-75 - A RESOLUTION
FINALIZING SANITARY SEWER REIMBURSEMENT
DISTRICT NO. 36 (SW 93RD AVENUE) AND
AMENDING THE PRELIMINARY CITY ENGINFER'S
REPORT CONTAINED IN RESOLUTION NO. 06-16
Mayor: Is there any discussion?
Mayor (after discussion) All those in favor of adopting Resolution No. 06-75, please say
"aye."
Mayor/Councilors
MayoY: All those opposed to adopting Resolution No. 06-75, please
say "nay."
TIGARD CITY COUNCIL, LOCAL CON'I'RACT REVTEW BOAItD,
AND CI'I'Y CENTER DEVELOPMENT AGENCY AGENDA - NOVFMBER 28,2006 page 6
Mayor/Councilors
Mayox: Resolution No. 06-75 (is adopted or has failed) by a
(unanunous, or however votes were split) vote of the Council
membexs present.
Note: Tie votes = failure to
pa.r.r.
8:25 PM
8. EMERGENCY MANAGEMENT PROGRAM UPDATE
Staff Report: Public Works Department
8:55 PM
9. POLICE DEPARTMENT ANNUAL REPORT
Staff Report: Police Department
9:25 PM
10. COUNCIL LIAISON REPORTS
11. NON AGENDA ITEMS
12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an
Executive Session is called to ordeY, the appropriate ORS citation will be announced
identifying the applicable statute. All discussions are confidential and those pxesent may
disclose nothing from the Session. Repxesentatives 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 fox the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
9:40 PM
13. ADJOURNMENT
1:%aAmkathy\cca\2006W61128).doc
TIGA1tD CITY COUNCIL, LOCAL CONTI2ACT RLVIEW BOARD,
AND CI'I1' CLNTER DEVFLOPMrNT AGFNCY AGENDA - NOVEMBER 28, 2006 hagc 7
IN
Agenda Item No. 7. ,q . =
For Agenda of IR- o'17
A
Tigard City Council Meeting Minutes
~
~ Date: Novembex 28, 2006
Tixne: 6:32 p.m.
Place: Tigaxd Ciry Hall, 13125 SW Hall Boulevard
Tigard, Oxegon
Attending: Mayor Craig Dirksen Presiding
Councilor Sally Harding
Councilor Sydney Sherwood
Councilor Nick Wilson
Absent: Councilor Tom Woodruff
enda Item Discussion & Comments Action Items follow u
Stud Session
Discuss Police Chief Dickinson and Officer EYickson Police Chief Dickinson
Potential reviewed the recommendations fox a proposed advised police staff would
Jaywalliing amendment to the Tigard Municipal Code modify the Yecommenda-
Ordinance pextaining to jaywalking. A memorandum tions for the proposed
describing the proposal and the xeasons for such an ordinance in accordance
ordinance was distributed to the City Council and a with the City Council
copy is on file in the City RecordeY s office. discussion and return with a
draft ordinance at a City
Highlights of the discussion included: Council workshop meeting.
• Number of accidents involving vehicles and
pedestrians.
• Nearby jutisdictions have jaywallking oxdinances
in place.
• Ordinance would be used as an education tool;
violation would be an "infraction."
• No state law exists on jaywalking; the only
related laws pertain to disorderly conduct.
• Safety issues for pedestrians vs. vehicles near the
high school and also at bus stops.
• Councilor Harding expressed some reservations
about the need for this ordinance; she supported
an education appxoach.
• Mayor Dixksen said he thought this oxdinance
was a good idea but would not want it to be too
resttictive. He referred to the recommendation
that no pedestrian may cross a street or roadway
other than within a crosswalk if the are within
Tigard City Council Minutes - November 28, 2006 1
enda Item Discussion & Comments Action Items follow u
150 feet of a crosswalk. The Mayor said he
thought 150 feet should be changed to 100 feet.
He also questioned about crossing a
neighborhood stteet and the applicability of this
type of ordinance. He suggested that the
ordinance define areas whexe people would not
be violating it.
• Councilor Sherwood said she would support a
jaywalking ordinance on main collector streets
and there be a sttong education campaign before
enforcement.
• Councilor Harding agreed with an education
campaign. She also noted another axea where
people need to be reminded of the law, which is
to pull over to the right when emexgency
vehicles axe approaching with lights and sirens
activated.
Study Session
continued
City Center Community Development DirectoY Coffee referred City Council membexs
Advisory to the dxaft "developer letter" submitted to the City indicated support for the
Conunission Council. A copy this lettex is on file in the City pxoposed lettex.
Downtown Recorder s office.
Development
Letter
Study Session
Fee Scheduled Upon an inquiry from staff, City Council members
Adjustment for indicated suppoxt for the proposed planned
Planned developments fee increase as presented on the
Development Consent Agenda. (Item No. 3.7) The increased
fees will recovex the costs of the additional staff
time to administer the new planned development
pxocess approved by the City Council on
October 24, 2006.
Study Session
continued
Adininistrative • Council members are to contact Executive
Items Assistant to the City Manager Bengtson to
update biographical infoxmation posted on the
Ci 's website.
Tigard City Council Minutes - November 28, 2006 2
enda Item Discussion & Comments Action Items follow u
• The City Council goal-setting meeting will be
on December 11, 2006. Lunch will be served at
noon; the meeting will start at 1 p.m.
• A joint meeting with the Tigard-Tualatin School
District Board and the Tualatin City Council
will be held at the School District's offices on
January 29, 2007 - 630 p.m.
Executive The Tigard City Council went into Executive
Session Session at 6:55 p.m. to discuss pending litigation
and real property transaction negotiations with legal
counsel under ORS 192.660(2) (e) and (h).
Executive Session concluded at 7:26 p.m.
Business 1.1 Mayox Dirksen called the City Council and the
Meeting Local Contract Review Board to Order at 735
p.m.
1.2 Council Present: Mayor Dixksen, Councilors
Harding, Sherwood, and Wilson.
1.3 Pledge of Allegiance
1.4 Council Communicarions & Liaison Reports:
None
1.5 Call to Council and Staff for Non-Agenda
Items: None
2. Citizen • Chamber of Commerce President Ralph
Communications Hughes updated the City Council on activities
at the chamber:
o January membership drive event - it is
hoped they can recruit 300 members. A
Texas company will be assisting the
Chamber in this membership drive.
o Tree Lighting Event - December 1,
. 2006
o Leadership Institute is going well.
Assistant City Manager Newton said the
leadeYShip gxoup will be meeting at City
Hall on December 20 and activities have been planned.
• un Brickle , 8945 SW Greensward, Ti rd, OR
Tigard City Council Minutes - November 28, 2006 3
enda Item Discussion & Comments Action Items follow u
submitted a petition contairiiug signatures of
concerned citizens from this and other
communities regarding the shooting death of
Lukus Glenn on September 16, 2006. Mr.
Brickley said they aYe asking that the City
Council consider a public inquiry into the
shooting and to take into account all of the
details that happened. He said he believes there
needs to be a public hearing setting so that "we
can get all of the details out and restore faith
and trust in our law enforcement agencies and
our 911 system in this community." He noted
behind him there were many suppoYters for
"what needs to happen." He asked the City
Council to seriously consider this request
because it is of grave concern to many people in
this community as well as of those who wexe
here tonight.
Mayor Dirksen asked whether "most of the
folks that I see in the audience axe hexe in
support of this?" Mr. Brickley said, "Yes."
The Mayor asked those in the audience who
were hexe for this request to raise their hands.
Mayox Dirksen said he appYeciated Mr. Brickley
coming to the City Council and the manneY in
which the petition and his friends wexe
presenting this to the Council. Mayor Dirksen
said the City Council had considered this
pYeviously and at the time decided there was no
reason for a pulilic inquest because it was not
the City of Tigard's place. In light of the
presentation from MY. Brickley, Mayor Dirksen
said "we will allot some time for members of
Council to consider this request and, if it is
brought up befoxe the Council again by a
Council member, we will consider it. Mayor
Dirksen thanked Mr. Brickley again for coming.
• John Fxewing, 7110 SW Lola Lane, Tigard, OR,
identified to the Council a new citizen gxoup
that has formed: Friends of 'Tigard Bull Mountain
Trail.r. He said they have met four times since
late August. They have set bylaws. MY.
Frewing said thexe have been dozens of pxojects
identified to be done. This rou will be
Tigard City Council Minutes - November 28, 2006 4
enda Item Discussion & Comments Action Items follow u
meeting November 29, 2006, at the Tualatin
Valley Fire & Rescue Station 51 on Burnham
Street. He noted the agenda for this meeting
includes items such as asking for input to a
Tigaxd Bull Mountain trails map. He noted City
staff has been of assistance to this group. The
Friend.r have submitted comments and support
letteYS for two of the MTIP projects that affect
Tigard: Downtown Green Street and Powerline
Trail. He said they are organizing a December
9, 2006, litter pick up and exploration walk
along the Powerline Txail corridor. He said this
group hopes to provide input to the
Comprehensive Plan update effort. Mr.
Frewing said they hope to complete a sidewalk
survey and update the pedestrian and bicycle
needs fox the City through whatever outreach
they could accomplish. Mx. Frewing requested
that the City Council review its Street
Maintenance Fee that was passed sevexal years
ago. The Friend.r'interests would be served by •
including some kind of sidewalk and pedestrian
improvements within the fee, whether or not
the fee is changed when it is reviewed next year.
Mr. Frewing said he is letting the City Council
know that this group exists, they intend to
cooperate with the City where they agree with
the City and "we will argue with the City where
we don't agree with the City."
Mayor Dirksen said he has been following the
activities of this new group with some interest.
He said it is a great idea and that it is terrific
when citizens come together with an idea like
this and push forward with it. Mr. Frewing
advised the Mayor that the Friend.r meeting will
start at 630 p.m. on November 29. The Mayor
said he was unable to attend the meeting on the
29`'', but he would like to come to a futute
meeting to hear the plans they have.
Councilor Wilson said he was intexested in the
Powerline walk that was scheduled for
December 9. Mr. FYewing said he has walked
along the line and that there is a significant
amount of litter. He said he was ho in the
Tigard City Council Minutes - November 28, 2006 5
enda Item Discussion & Comments Action Items follow u
City's Public Works Department would take the
bags of littet they collect. Mayor Dirksen said
he was sure "we could work something out."
• Jeff Kallevig, 11305 SW Bull Mountain Road,
Tigard, OR 97224, is Pastor of Christ the King
Lutheran Church on the corner of Highway 99
and Bull Mountain Road and invited the Mayor,
City Council, and the whole community to
Christmas dinner. He said theix chuxch has
decided that since Christmas Eve falls on a
Sunday, oftentimes Sunday is a time when
families gather together and they would like to
open their congregation's building to host a
dinner. He said they were specifically targeting
two populations in the community: Those who
are homeless or have a food shortage and the
senior citizens who might be alone during the
holiday. He added, though, the dinnex is fox
anyone. He said they are planning to feed 700
people and said he was asking for help from
other organizations as well as getting the word
out about the dinner.
Councilor Sherwood said she has been working
with Mx. Kallevig and she thinks is a gxeat idea
for the community. If this becomes an annual
event, this is one way to reach out to those in
our community who are alone or have food
shoxtages. She urged people to get the let
others know about this dinner. She noted a lot
of people, including those who are not
members of this church, have come together to
help. She thanked Mr. Kallevig for doing this.
The dinner will be served on December 24,
from Noon - 5 p.m.
Mayor Dirksen said this is a terrific idea, a great
event, and that he would make every effort to
be there.
3. Consent 3.1 Appxove Council Minutes for October 10, 17, Motion by Councilor
Agenda and 24, 2006 Wilson, seconded by
3.2 Appxove Budget Amendment #6 to incxease Councilor Sherwood, to
a ro riations in the Water Quali /Quanti a rove the Consent
Tigard City Council Minutes - November 28, 2006 6
enda Item Discussion & Comments Action Items follow u
Fund Capital PYOjects budget for the Hiteon Agenda.
Cxeek Riparian Enhancement project
Resolution No. 06-67 The motion was approved
by a unanimous vote of
A RESOLUTION APPROVING BUDGET Council pxesent.
AMENDMENT #6 TO THE FY 2006-07
BUDGET TO INCREASE Mayor Dirksen Yes
APPROPRIATIONS IN THE WATER Counalor Harcling Yes
QUALITY/QUANTITY FUND CAPITAL Councilor Sherwood Yes
PROJECTS BUDGET WITHIN THE Councilor Wilson Yes
COMMUNITY INVESTMENT PROGRAM
FOR ADDITIONAL FUNDING FOR THE
HITEON CREEK RIPARIAN
ENHANCEMENT PROJECT
3.3 Approve Budget Amendment #7 to accept and
expend Bureau of Justice Grant Funds for the
GREAT ProgYam-- Resolution No. 06-68
A RESOLUTION APPROVING BUDGET
AMENDMENT #7 TO THE FY 2006-07
. BUDGET TO ACCEPT AND EXI'END
BUREAU OF JUSTICE GIZANT FUNDS
FOR THE GRFAT PROGRAM
3.4 Approve Budget Amendment #8 to increase
appropxiations in the Gas Tax Fund for
funding of the Prelimuiary EngineeY's Report
for the pYOposed Local Improvement District
(LID) fox infrastructure improvements in the
Tigard Triangle Itesolurion No. 06- 69
A RESOLUTION APPROVING BUDGET
AMENDMENT #8 TO THE FY 2006-07
BUDGET TO INCRFASE
APPROPRIATIONS IN THE GAS TAX
FUND CAPITAL PROJECTS FOR
FUNDING OF THE PRELIMINARY
ENGINEER'S REPORT FOR THE
PROPOSED LOCAL IMPROVEMENT
DISTRICT (LID) FOR INFRASTRUCTURE
IMPROVEMENTS IN THE TIGARD
TRIANGLE
3.5 Approve Budget Amendment #9 to correct
Bud et Amendment #2's Resolution No. 06-49
Tigard City Council Minutes - November 28, 2006 7
enda Item Discussion & Comments Action Items follow u
Attachment A to the Resolution-- Resolution
No. 06-70
A RESOLUTION APPROVING BUDGET
AMENDMENT #9 TO THE FY 2006-07
BUDGET TO CORRECT BUDGET
AMENDMENT #2'S RESOLUTION NO.
06-49 ATTACHMENT A TO THE
RESOLUTION
3.6 Appoint Dennis Sizemore to the Tree Board as
a Voting Citizen Member - Resolution No. 06-
71
A RESOLUTION APPOINTING DENNIS
SIZEMORE TO THE TREE BOARD AS A
VOTING CITIZEN MEMBER
3.7 Approve amending Master Fees and Charges
Schedule and update the Planned
Developments Fee Schedule-Resolution No.
06-72
A RESOLUTION AMENDING
RESOLUTION NO. 06-36 BY AMENDING
EXHIBIT A THERETO AND
INCREASING THE PLANNED
DEVELOPMENT FEE
3.8 Approve Amendment to Resolution No. 06-65
Revising the Membership of the Citizen
Advisory Cornmittee for the Highway 99W
CorridoY Improvement and Management
Plan-Resolution No. 06-73
A RESOLUTION TO REVISE THE
MEMBERSHIP OF THE CITIZEN
ADVISORY COMMITTEE FOR THE
HIGHWAY 99W CORRIDOR
INII'ROVEMENT AND MANAGEMENT
PLAN BY AMENDING RESOLUTION
NO. 06-65
3.9 Local Contract Review Board:
a. Award of Contract for Construction of
Hall Boulevard Sidewalk ftom S ruce
Tigard City Council Minutes - November 28, 2006 8
enda Item Discussion & Comments Action Items follow u
Street to 850 feet south)
b. Award of Contracts for Wedand Services on an As-Required Basis
3.10 City Center Development Agency:
a. Direct staff to execute a Memorandum of
Understanding with Wilking Investments V
LLC for a potential easement to develop a
"gateway to Fanno Creek Pask" from Main
Street
b. Direct staff to execute a Memorandum of
Understanding with Stevens Marine, Inc. '
for potential purchase of key properties in
the downtown
4. Presentation Clean Water Services Wastewater Treatment
to City of Tigard Depattment Director Mark Poling, Reuse Plan
- Pacific Pxoject Manager Steve Kebbe, and Public
NoYthwest Clean Involvement Coordinator Sheri Wantland were
Water present.
Association's
2006 As a result of the City's effoYts to use reclaimed watex
Outstanding (wastewater that has been treated to meet stringent
Reuse Customer DEQ standaxds), Clean Water Services nominated
Award the City foY the Outstanding Reuse Customer Award.
The City received this award in September 2006.
The benefits of using reclaimed water were discussed,
including the fact that switching to xeclaimed water to
irrigate ovex 25 acres of park land saves City residents
more than $20,000 per yeat.
Othex oxganizations that also use reclaimed water
include the School District, Tualatin Country Club,
Ciry of Duxham, the Siununerfield Civic Associarion,
Ciry of Tualatin, and the Ciry of King Ciry. '
5. League of Assistant City Manager Newton advised that the
Oregon Ciries League of OYegon Ciries awarded the City of Tigard
Safery Award the Silver Safety Award fox 2005/06.
This is the eighth yeax in a row the City has won
this award. When compaxed to other cities with
populations of 150+ employees, Tigaxd had the
second lowest injury fxequency rate.
Tigard City Council Minutes - November 28, 2006 9
enda Item Discussion & Comments Action Items follow u
6. Public Mayor Dirksen opened the public hearing. Motion by Councilor
Hearing Wilson, seconded Councilor
(Informational) Thexe were no declaxations or challenges. Harding, to adopt
- Finalize Sewer Resolution No. 06-74.
Reimbursement City Engineer Duenas presented the staff report.
District No. 32 Highlights of his presentation are on file in the Ciry The motion was approved
(SW Fern Stxeet) Recordex's office. by a unanimous vote of
Council pxesent.
The District includes sewer service to five lots and
was part of a project to improve SW Walnut Street Mayor Dirksen Yes
between SW 121ti` and 135`h Avenues through the Councilor Harding Yes
Major Streets Transpoitation Improvement Councilor Sherwood Yes
PYOgram (MSTIP). The pYOject is complete and Councilor Wilson Yes
sewer can be made available to the lots.
There was no public testimony.
City Engineex Duenas advised that staff
recommends that Council pass the xesolution
finalizing the District.
Mayox Dirksen closed the public hearing. He said
that it was great that the Ciry was able to include
this construcrion with tlie MSTIP project.
Council considered the proposed ordinance:
RESOLUTION NO. 06-74 - A RESOLUTION
FINALIZING SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 32 (SW
FERN STREE'1) AND AMENDING THE
PRELIMINARY CITY ENGINEER'S REPORT
CONTAINED IN RESOLUTION NO. 05-05
7. Public Mayor Dirksen opened the public hearing. Motion by Councilor
Hearing Sherwood, seconded
(Informational) Declarations or challenges: Councilor Sherwood Councilor Haxding, to adopt
- Finalize Sewer advised she knows several people who live in this Resolution No. 06-75.
Reimbursement area, but she has not talked to them about this
District No. 32 Reimbursement District. The motion was appxoved
(SW Fern Street) by a unanimous vote of
City Engineer Duenas pYesented the staff report. Council present.
Highlights of his presentation are on file in the City
RecoYder's office. Mayor Dirksen Yes
Councilor Harding Yes
This District includes seweY service to 28 lots. The Councilor Sherwood Yes
project is complete and sewer can be made available Councilor Wilson Yes
Tigard City Council Minutes - November 28, 2006 10
enda Item Discussion & Comments Action Items follow u
to the lots.
There was no public testunony.
City Engineer Duenas advised that staff
recommends that Council pass the resolution
finalizing the District.
Mayor Dirksen closed the public hearing.
Council considered the pioposed ordinance: '
RESOLUTION NO. 06-75 - A RESOLUTION
FINALIZING SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 36 (SW
93RD AVENUE) AND AMENDING THE
PRELIMINARY CITY. ENGINEER'S REPORT
CONTAINED IN RESOLUTION NO. 06-16
8. Emexgency Emergency Management Coordinator Lueck
Management presented the update. A copy of his presentation is
Update on file in the City Recorder's office.
Mr. Lueck reviewed the Community Emergency
, Response Team Program (CER'1), 72-hour
Pxeparedness Outteach, Emergency Plan
Development and Revision, OCEM Partnexing
projects, and a surrunary of the Tipoff '06 exercise.
In the future there will be staff trauung, internal
exercising, public outreach and the "Topoff `07"
exercise.
Councilor Sherwood noted she attended an
emeYgency preparedness workshop offered by the
City and she was surprised at how unprepared she
discoveYed she was. She encourages people to
attend this workshop, which is offered every three
months.
8. Police Police Chief Dickinson pYesented the Annual
Department Repoxt. Highlights of his presentation are on ftle in
Annual Report the City Recoxder's office.
The Tigard Municipal Code Yequires that the Chief
of Police provide an annual public xeview and
evaluation of all De artment oals and objectives,
Tigard City Council Minutes - November 28, 2006 11
enda Item Discussion & Comments . Action Items follow u
and progress made towaYd their achievement.
The presentation information included a suminary
of the following major topics pertaining to the
Police Department:
• Mission Statement
• Vision Statement
• Goals
• Core Values
• Crime Trends (Statistics)
• Program Highlights
• Problem Solving
• Future Goals
Police Chief Dickinson advised the new truancy
ordinance has been used twice to date.
There was brief discussion about the xecruitment
process for police officers and that it takes almost a
year befoxe a new recnut is trained and working
alone on the streets.
TheYe was discussion about cYime statistics and
factors which impact the oveYall crime xate for the
community; i.e., a xegional shopping center such as
Washington Square.
The Police Department has inherent costs for
overtime because of the nature of the work to be
done. For example, officers are paid overtime
because they must make court appearances
scheduled on their time off. Police Chief
Dickinson explained how staffing is provided fox
peak times for public safety coverage.
Audience An unidentified member of the audience requested
Request a Council response to the request for a public
inquest xelating to Lukus Glenn (see Page 3, Citizen
Communications). Mayor Dirksen offered to
discuss this matter with the gendeman after the City
Council meeting.
Tigard City Council Minutes - November 28, 2006 12
enda Item Discussion & Comments Action Items follow u
Adjournment The meeting adjourned at 9:02 p.m. Motion by Councilor
Sherwood, seconded by
Councilox Wilson, to
adjourn the meeting.
The motion was approved
by a unanimous vote of
Council present.
Mayor Dirksen Yes
Councilor Harding Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Catherine Wheadey, Ciry Reco er
Attest: 4 ~
Mayor, ity of Tigard
Date:
iAedmlcathy\ccm12008\081128.doc
Tigard City Council Minutes - November 28, 2006 13
TIGARD;~
City Center Development Agency
City of Tigard, Oregon
Affidavit of Posting
In the Matter of the Notification of Consideration of City Center Development Agency Novembex
28, 2006 Consent Agenda Items:
Public Access Easement Memorandum of Understanding
Potential Property Purchase Memorandum of Understanding
STATE OF OREGON )
County of Washington) ss.
Ciry of Tigaxd )
I, D being first duly sworn (or affirmed), by oath (or
affirmation), depose and say:
That I posted in
➢ Tigaxd City Hall, 13125 SW Hall Boulevard, Tigaxd, Oxegon
➢ Tigard Permit Center, 13125 SW Hall Boulevaxd, Tigard, Oxegon
➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon
a copy of Notification of Considexation of City Center Development Agency Novembex 28, 2006
Consent Agenda Items:
Public Access Easement Memorandum of Understanding
Potential Property Purchase Memorandum of Understanding
A copy of said Notice being hereto att and by reference made part hereof, on the
day of 200~_.
Signatuxe of Person who Perfor
OFFICIAL SEAL
CAROL A KRAGER
r~ NOTARY PUBUC-ORECiON
Subscribed and sworn (or affirmed) before me this day of COMMISSION NO. 402780
2006 MYCOMMISSIONEXPIRESFEBRUARY23,2010
Signature of Notary Public for Ox n
i:\x4n\calhy\<um61\o-ting noticce\2j)06\aFGdm6t oE pw,ring - ctda - 067718.J«
TIGARD CITY CENT'ER
~ DEVEL"COPNIENT' AGENCI'
MMETING m
~
NOUEIv1BER,2$, 2006:
'TIGAR,4CI,T~Y'HAT,T";,",', A
13125 SW HALL B~LVD.
' TTGATZU OR~97223
Notice
The City Center Development Agency (CCDA) will
have before it on the November 28, 2006, City Council and City Center Development
A,gency Meeting Consent Agenda the following items for consideration:
Public Access Easement Memorandum of Understanding
Potential Property Purchase Memorandum of Understanding
Please forward to:
❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724)
❑ Newsroom, The Oregonian (Fax No. 503-968-6061)
❑ Editor, The Regal Courier (Fax No. 503-968-7397)
The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues
related to urban renewal. The CCDA, functioning as the ciry's utban renewal agency, will work on an urban
xenewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other
areas within the city.
For fiirther information, please contact City Recorder Cathy Wheadey by calling 503-639-4171, ext. 2410.
City Recorde(j
Date: DLQ
Post: Tigard City Hall
Tigard Permit Center
Tigard Public Library
IN
'
~
City Center Development Agency
City of Tigard, Oregon
Affidavit of Notification
In the Matter of the Notification of Consideration of City Center Development Agency November
28, 2006, Consent Agenda Items: Public Access Easement Memorandum of Understanding and
Potential Pxoperty Purchase Memorandum of Understanding
STATE OF OREGON )
County of Washington) ss.
Ciry of Tigard )
I, ~ 2 - , being first duly sworn (or affirmed), by oath (or
affurnation), depose and say:
That I notified the following people/oYganizations by fax of:
Notification of Considexation of City Center Development Agency November 28, 2006, Consent
Agenda Items: Public Access Easement Memoxandum of Understanding and Potential Property
Purchase Memorandum of Understanding
A copy of sai N tice being hereto attached and by reference made a paYt hereof, on the ~ t~--
daY of dP~ ,20 0(.
.
Barbara Sherman, Newsroom, Tigard Tunes (Fax No. 503-546-0724)
Newsroom, The Oregonian (Fax No. 503-968-6061)
Editox, The Rega1 CourieY (Fax No. 503-968-7397)
efk & &M
Signature of Person who Performed Noti ation
Subscribed and sworn (or affirmed) before me this day of
IIFFICIAL SEAL ~
JILL AA BYARS
WNOTARY PUBLIC-OREGON
COMMIS310N P10. 381793
MY COMMISSION EXPIRES JUNE 14, 2008 Signatute of Notary ublic for Oregon
i:\n.lm\nrhy\muncil\meering noricv\2006\nfGJavit oEnouEcerion - ccda 4M1128.Joc
11/14/2006 16:27 FAX 5036897297 City of Tigard Ca001
TX REPORT *ss
TRANSMISSION OK
TX/RX NO 1821
CONNECTION TEL 5039687397
SUBADDRESS
CONNECTION ID Regal Courier
ST. TIME 11/14 16:26
USAGE T O1'16
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Notice
The City Centet Development Agency (CCDA) will
have before it on the November 28, 2006, City Council and City Center Development
Agency Meeting Consent Agenda the £ollowing itenns for consideration:
Public Access Easement Memorandum of Understandaing
Potential Property Purchase Memorandum of Understanding
Please £orward to:
❑ Ba.tbara She=man, Newsroom, The Times (FaA No. 503-546-0724)
❑ Newsroom, The Oregonian (Fax No. 503-968-6061)
O Editor, The Regal Cowier (Fax No. 503-968-7397)
The CCDA was reactivated bp Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues
related to urban renewal. The CCDA, funciioning as the city's urban renewal agency, will work on an urban
renewal plan designed to facilitate the development and xedevelopment of downtown Tigard and possibly other
areas within the citp.
For fixrther information, please contact Citq Recorder Cathy Wheadey by calling 503-639-4171, ext. 2410.
11/14/2006 16:24 FAX 5036847297 City of Tigard 0001
TX REPORT sss
TRANSMISSION OR
TX/RX NO 1820
CONNECTION TEL 15033712635
SUBADDRESS
CONNECTION ID Valley
ST. TIME 11/14 16:23
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Notice
The City Center Development Agency (CCDA) will
have before it on the November 28, 2006, City Council and City Center Development
A,gency Meeting Consent A►genda the followixig items for considerarion:
Public Access Easement Memorandum of Understanding
Potential Property Purchase Memorandum o£ Understanding
Please forward to:
❑ Batbara Shetman, Newsroom, The Tixnes (Fax No. 503-546-0724)
❑'Newsroom, The Oxegonian (Fax No. 503-968-6061)
❑ Editot, The Regal Courier (Fax No. 503-968-7397) !
The CCDA was ieactivated bp Resolution 05-32 on May 10, 2005, and will meet occasionally to addtess issues
rela,ted to urban renewal. The CCDA, functioning as the city's u.tban renewal agency, will work on an utban
renewal plan designed to facilita.te the development and redevelopment of downtown Tigatd and possibly othex
areas witbin the city.
Fot further infornnation, please contact City Recoxdex Cathy Wheatley by calling 503-639-4171, ext. 2410.
11/14/2006 16:22 FAX 5036847297 City of Tigard 1a 001
TX REPORT
•
TRANSMISSION OK
TX/RX NO 1819
CONNECTION TEL 5039686061
SUBADDRESS
CONNECTION ID Oregonian
ST. TIME 11/14 16:22
USAGE T 00'36
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` • .I' ` ' 11
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' A, ,
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' i • I ~ .
Norice
The City Center Development Agency (CCDA) will
have before it on the November 28, 2006, City Council and Ciry Center Development
Agency Meeting Consent A,genda the following items for considetation:
Public Access Easement Memorandum of Understanding
Potenrial Property Purchase Memorandum of Understand.ing
Please fozwatd to:
❑ Batbara Shernian, Newsroom, The Times (Fax No. 503-546-0724)
❑ Newsroom, The Oregonian (Fax No. 503-968-6061)
❑ Editor, The Rega1 Coutiex (Fax No. 503-968-7397)
The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues
related to urban renewaL The CCDA, functioning as the city's urban tenewal agency, will work on an urban
Yenewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other
areas wltlllil the Clty.
For fiarthex information, please contact City Recorder Cathy Wheadey by calling 503-639-4171, ext 2410.
STUDY SESSION AGENDA
TIGt1RD CITY COUNCIL BUSINESS MEETIlNG
November 28, 2006 - 630 p.m.
13125 SW Hall Boulevard, Tigatd, Oregon
6:30 PM
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending
litigation and real pxoperty transaction negotiations with legal counsel under ORS 192.660(2) (e) and
(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.
• STUDY SESSION
➢ Discuss Potential Jaywalking Ordinance - Police Departtnent
➢ City Center Advisory Comrnission Downtown Development Letter-Community Development
Departrnent I
➢ Fee Schedule Adjustment for Planned Development-Community Development Department
` • ADMINISTRATIVE ITEMS
➢ Updated biographical information for Council membets for web page: Please contact Joanne if you
haven't updated your information yet
➢ Next meeting is Decembet 11 - City Council goal-setting session. Lunch at noon; meeting will start
at 1 p.m.
➢ Joint meeting with Tigatd Tualatin School District Board & Tualatin City Council - January 29,
2007; 6:30 p.m. at Tigard-Tualatin School District building.
Council Calendar
December
11 Goal Setting Meeting - 1-5 p.m.; Councilor Wilson's home (lunch available at noon)
12 Business Meeting, 630 p.m., RRCCR & Town I-Iall
19 Business Meeting, Reception for Councilor Wilson 6-7 p.m.; RRCCR & Town Hall
26 Council meeting cancelled.
January
9 Fiust meeting of the yeai: Oaths of office, elect City Council President, State of the City, new photogcaphs,
reception.
16 Workshop Meeting, 6:30 p.m., Town Hall
23 Business Meeting, 6:30 p.m., RRCCR & Town F3all
29 Joint Meeting with Tigard-Tualatin School District Board & Tualatin City Council Members, 630 p.m. at
TTSD
30 Fifth Tuesday City Council Meeting
Execurive 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 ot part of a meeting of a
governing body, which is clored 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) - 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 negotiatioris - involving matters of trade or commerce in which the governing
body is competing with other governing bodies.
192.660 (2) (h) - Lega1 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, puzsuant to standards, criteria, and poliry directives adopted
by the governing body, the employment-related performance of the chief
executive oEficer, a public officer, employee or staff inember unless the affected
person requests an open hearing. The standards, criteria and poliry directives to
be used in evaluating chief executive officers shall be adopted by the goveming
body in meetings open to the public in which there has been an opportunity fox
public comment.
192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private
persons or businesses regarding proposed acquisition, exchange or liquidation of
public investments.
192.660 (2) (k)- Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of programs relating to securiry.
iAedmlcathyloce ss - pink sheet\2006Np61128ps.doc
' MEMORANDUM
TO: Sgt. M. Riensche ~
FROM: Ofc. L. Exickson
RE: Jay Walking Ordinance
DATE: 050706
The following proposal had been updated with recommendations from Captain Bell and is
resubmitted for administrative review.
Proposal for City of Tigard Municipal Ordinance pertaining to jaywalking:
Tide.Chapter.Section Pedestrians Crossing at Other Than Crosswalks;Penalty
(1) No pedestrian may cxoss a street or roadway other than within a crosswalk if they are
within 150 feet of a crosswalk.
,
(2) A pedestrian shall cross a street or roadway at a right angle unless crossing within a
crosswalk.
(3) For the purposes of this section, a crosswalk shall have the meaning as defined in
ORS 801.220 with reference to ORS 810.200.
(4) A violation of any provision of this section shall be treated as a Class D traffic
violarion in conformance with all provisions of ORS Chapter 153. Police officers
enforcing this ordinance shall have all of the rights and duties accorded them under
ORS 810.410.
Very RespectEoy,
r
,
. . ric son 01 15
Officer, Tigard Police Department
Attachment (1) Jaywalking Ord.inance Reasons
~
Attachment (1) Jaywalking Ordinance Reasons
At least 1 documented case of a pedestrian blocking traffic (Disorderly
Conduct) without prosecution
SW Pacific Hwy / SW Hall Blvd
From January 1, 2004 to Apri18, 2006, there were 39 reported car vs.
pedestrian injury accidents with the following break down:
6 on SW Pacific Hwy
3 on SW Hall Blvd
2 each on SW Main St, SW Greenburg Rd, SW Katherine St, SW 72na
Ave, SW 125ih Ave
6 in parking lots at various businesses
From the 39 reported injury accidents, 24 had reports written detailing
the circumstances of the accident
From the reports, at least 4 of the collisions had occurred when the
pedestrian was reported or admitted to be in the roadway outside of a
marked crosswalk
It is undetermined how many car vs. pedestrian injury accidents occurred that
were initially reported as unknown injury accidents or non-injury accidents
In February and March of 2006, two complaints of students crossing SW
Durham Rd near Tigard High Schobl were addressed by officers
Of the surrounding major incorporated cities in the Washington, Multnomah
and Clackamas Counties, the following have ordinances in place pertaining to
j aywalking:
Beaverton
Pordand
Milwaukie
Gresham
Oregon City
Lake Oswego
Wilsonville
The purpose of this proposed ordinance would be to institute guidelines for
pedestrians cxossing public roadways, especially heavily traveled throughways,
within the City of Tigard. This should facilitate increased pedestrian and
vehicle safety and reduce the number of collisions as well as the injuries
resulting from those collisions.
.
~ Ellen Fox - Re: Jaywalking Ordinance~ ~Page 1
From: "Gary Firestone" <garyf@rcclawyers.com>
To: <28055@tigard-or.gov>
Date: 9/20/2006 8:21:07 AM
Subject: Re: Jaywalking Ordinance
Ellen:
Yes, I got it and have some changes. Because of some archaic law that still is applied in Oregon, if we
specifically refer to a statute, we are referring to the statute in effect on the date the ordinance is passed,
which can cause problems later if the ordinance is amended, primarily with trying to figure out which
version was in effect when the ordinance was passed. Therefore, I recommend that section (3) be
amended to read:
(3) For purposes of this section,"crosswalk" means any portion of a roadway at an intersection or
elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface of
the roadway. Where no crosswalk is marked, "crosswalk"also means:
a. Where sidewalks, shoulders or a combination thereof exists, a crosswalk is the portion of a
roadway at an intersection, not more than 20 feet in width as measured from the prolongation of the lateral
line of the roadway toward the prolongation of the adjacent property line, that is included within:
(1) The connections of the lateral lines of the sidewalks, shoulders or a combination
thereof on opposite sides of the street or highway measured from the curbs or, in the absence of curbs,
from the edges of the traveled roadway; or
(2) The prolongation of the lateral lines of a sidewalk, shoulder or both, to the sidewalk or
shoulder on the opposite side of t-he street, if the prolongation would meet such sidewalk or shoulder.
(b If there is neither sidewalk nor shoulder, a crosswalk is the portion of the roadway at an
intersection, measuring not less than six feet in width, that would be included within the prolongation of the
lateral lines of the sidewalk, shoulder or both on the opposite side of the street or highway if there were a
sidewalk. I also recommend amending subsection (4) to read:
(4) A violation of any provision of this section is a Class D traffic violation.
The additional language in that section is unnecessary.
We will be preparing an ordinance and sending it to you in the next few days.
Gary
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"Ellen Fox" <28055@tigard-or.gov> 09/19/06 05:42PM
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
November 22, 2006 41
. mi
~
Mr. John Frewing
D
7110 SW Lola Lane ~ ~ ~ 71
Tigard, OR 97223 .
Dear John:
This is in response to your letter of November 6, 2006 expxessing concerns about the
Ash Creek Estates project and the extension of 74th Avenue acxoss Ash Creek. As you
know, this project has undergone numerous reviews and has had the input of both the
City of Tigard and the City of Tualatin and other agencies throughout the entire
process. Nevertheless, I reviewed the supporting documents regarding the issues pou raised and
respond as follows:
Drainage Area for the Box Culvert and Potential for Flooding
Kurahashi's map showing the Ash Creek dYainage area is incorrect, as you pointed out.
It contains approximately 265 acres. However, the box culvert was sized using
approxirnately 406 acres (including a 4% adjustment from the original 391 acres used)
and is appropriately sized for the acreage used in the calculations. The calculations
include the larger drainage area shown in the City of Pordand maps.
As a check on the acreage, I reviewed the Fanno Creek Watershed Management Plan
and noted that the drainage area for the twin 48-inch pipe culverts just upstream of the
box culvert is approximately 326 acres. The box culvert was sized using 406 acres,
which is about right for the area just downstream of the twin culverts.
The twin 48-inch pipe culverts have a combined opening of slighdy over 25 square
feet. The net area for storm water passage on the box culvert is 40 square feet, which is
more than sufficient to accommodate the flows from the upstream drainage area. The
use of an incorrect surface friction flow coefficient does not significandy affect the
conclusions reached for sizing the culvert. If there is to be a backup, it most likely
would be upstream of the twin pipe culverts; however, there is no evidence that any
backup occurs in that area. In addition, the subd.ivisions that are now being established
in that area are all required to detain the storm runoff and maintain pre-development
levels. Hence, the new developments will not create any downstream impacts.
I visited the area on November 9th after several days of steady rain and noted that the
stream flow was relatively low both upstream and downstream of the box culvert. The
vegetation in the areas upstream of the culvert showed no signs of water backup
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
effects. I suspect the heavy growth in the forest upstream absorbs much of the runoff
and relatively litde runoff actually makes it to the creek.
In summary, based on the factoxs above, I do not believe the potential for flooding that
you indicated in your letter exists as a result of the box culvert installation. In fact, the
box culvert is a significant improvement over the 42-inch pipe culvert that previously
existed at the pedestrian crossing of the creek. Road Design
The construction plans for the project showed a K value of 5.11 for the sag and 5.37
for the crest. The crest elevation has been lowered slightly as part of a change during
construction and the actual K values after construction will be greater than those
numbers-approximately 5.3 for the sag and 5.6 fox the crest.
Thank you for expressing your continuing concerns regarding the potential for
flooding in that area. I trust this response adequately addresses those concerns.
Sincerely,
C~ ~ P. ~,..a._...
USTIN P. DUENAS, P.E.
Engineer
c: Mayor and City Councilors
Craig Prosser, Citp Manager
Tom Coffee, Community Development Director
Kim McMillan, Development Review Engineer
heng~gusVetlarsVetlerto john frewing - box cuNert on 74ih avenue.doc
Letter to John Frewing Regarding Ash Creek Estates
Page 2 of 2
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Mr Gus i>uenas, Cit,y Engin--er Noveinbe.r 6, 2006
t.ity ai Ti?ara
1 3125 SI17ilall Blvd
Tigard, Op. 97223
Dear isus,
I think you recall rny concerns with the development of Ash Creek Est«tes and its
culve-r#/fill/partial roadway of SW 74th Avenue aeress South Fork Ash Creek. This letter
provirles new and updated information which supports my prior concerns and exacerbates
my concern abaut the adequacy of the culvert installed there. As I understand it, this
should be of concern to Tigaxd, since the city will take over rESponsibility for safety and
maintenGnce of this culvert/fil/partial roadway once the Fublic Infrastructure and Facility
d.rawin;s ~re approved and housing development at Ash Creek Esta.±es carz begin.
In the local larid use proceedinbs, I expressed concern about several features of this
- culvert/fill/partial roadway. Perhaps most visible was cor_cern about th., nonconformiilv
stzep dir• I n the roadway, ~,vizh a I4 factor of 5.2. Upon rev?ew Qfthe 1 FI drawings, I cee
that this K Tactoc_ cvi?1 appa:•ently bc aial;y° 5.0, which is more af a nolzconfcr_mlance than
was prcviously `approved' by you. This further noncorLformance -will rnake t?ie pariial
stizet more hazardous than what you approved; I vwould ask that you demand the
contractor to comply at least with the approval which you earlier gave.
I also expressed concerri about the approval of a culveft/fill rather tlian a bridge, sayin ;
that a bridge would have less impact on streamside habitat. Nevertheless, a culvert/fill
was approved. Your requirements for work involving the strzam call for the developer to
obta?n a Division of State Lands removal/fill permit. This permit was obtained over rray
objections about the adequacy of the 69-foot long culvert with inside dimensions of 5x
10 feet and associated nll over it. The specif cations for the culvert, as applied fer and
approved by DSL, called for or_e foot of stream rock to cover the battom of the culvert,
called for 9laiger `salman refuge' rocpcs along the lengtli of the culveYt to provide eddies
and spots of slotiver current to assist fish passage, and yet specifed #hat the dESign cauld
i .ise a M~ing sur~'ace friction flow coefficient of 0.11 for tl~e entirc culvert , despi~e the
fact tiat the boitcm is stream rocl: and the larger `saL.-non reiuge' rocks are to be
ins#a.lled. A rnuch larger Yianning surface friction flaw coefi~cient is what I argued for
before the L SL hParings officer, but she favored the op?nion of Mr Kuraliashi, the project
engineer. I:nentioiz these design features because they wril1 individtrally and tflaFther
restrict higi-l -flowvs through tb-e culvelt, possibly causing floodi:~g upstrewn, da?i i a?i~g
streamside haviiat and even neighbar property.
In addition, Imairtained at the DSL hearing, ihat the design of the culvert was inadequate
because the -application assumed a drainage area of South Farlc Ash Creek above the
culvert whi.ch was only half af the i•eal drainage area. The physical impact is that in any
flood, about twice the Gmount of water will be directed -through the culvert than pianned
fcr in Llie design. I?efiraing, the upstream draiiiage area is diiferent than other Tigard
developments because not all of the drainage is in Tigard or Washington County (the
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CWS service arza, who maps stre~~ watersheds in the county). East of 5W 65t" Ave, the
watershed is in Maltnomah County and City of I'ortiand. In the DSL proceedina, I
argued that the proper upsdrea~zl drainage area goes all tlie way uphil1 ta Mt. Sylvania and
Cap?io1 HighwayIS~~ ~9t-4 112 PC31'tlaIld. Ac,alil, the DSL hea.rii?gs officer disregar.dPd the
topoa aphic maps -,uhich Ipresented and sided with the developer's engineer, Mr.
KuraItashi.
I an1 writing iiaw because I nave just abta.ined an updatLed drainage map Lrom City of
• Portland w?:ich supports -tiiy 'Lestimoiiy beiore DSL. Even ihaugh the DSL decision was
n3ade (it was wrozig), Ti jard shauid be eoncerned hecause the ci "ry wi1l become
responsibie far this culvert/fi1L`half streei wlien it is done. The City of Por'Lland, Aniin
Walzab, Fanno/TyrQn 4tlatershed Manager, Waterslled/Facilities Flanningi Btzreau of
Environmental Services, 1120 SW Fifch Avenue Raom 1000, Portland OR, 97204 has
fai vaurded to me ihe enciosed map of SoutLh FerP: A.sh Creelc dra.i.r:a;e. At my request, it
was `ground tru.thed' i1-iis past swnn-ier, considering the stmrm sewer drai.riage lines which
-zn und.er I-5. For your coanparisan, ihave also enclosed the deveiaper's nlap of `Ash
Creel: Drainage ? rea' fF'oP17 h15 BppIICatIt312 t0 DSL, which vaas approved. I have ft.u-ther
inad.ed (handwriting) on tl:e City of Portland map the area eonsidered by the deveioper
atid iradicated with an `x' 'Lhe site of the Ash Creel: Estates culvert/fill/haif streEt
cansiructFon; you can observe the a ass differenee between the two drainage areas. The
aeveioper's maP daesn't even include ihe project site and the upstreatn drainage area an
the City of Portiand map is roughly twiee that showLn on the develaper's map.
Iaizi t_ e.y concei-ried about tlie aiJAquacy of the cu1verttiiiAIali Strect CoI25truct?on at SW
71ct, .',,,-e fo:• ~sh Cr:°;:I< Hst?i::;. T'-' j f cw c:.~cTT~lat'1 t, Yo') ~~s l~v t1_le c~.._caii ,~eloj~ei' ~~s a21~'r:~~~ed Y.~~,
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BISL -~.ve:e n1arc-inal at best. Witll additiona.1 flow restri.ctions (the intemal elernents of tiie
culvert) and with a doubieci drainage a_rea upstreayn of the culvert, my opinion is that
water will back up at ihe culvea-t, damagina streamside habitat and pessibly flooding
izeicfhbor praperty an the sQUth side of the strear.l.
Am i justified in my con.cErn? Do ,you believe the City of Poriand upstrcarn drainage
ma.p, or ao yaaz believe the developer's map? Daes streasn roek and Iarger `salmon refuge
roclc' justify the use of a O. 11 IVianning surface frictian flow coei~icient? WheL actian can
you talce mr da yau piar_ io talce to alleviate this poor design situation? Are there factors
which I IZave iiot considered in studying ti-iis design situation? Iwould appFeciate a
vvTitten repIy such that Ican use it in the evemt the floading I project daes develop. I a.ni
minciful oi tile agreement signed between the aeveloper and City of Tigarcz vvhich ca11s
for a-n adeQUate design to be consiructed at deveioper's expense now (see attachEd), but
which l.eavas L:naaiswered who wifl be respcnsible in event of the floading I project.
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~~~~~~~~~UM OF UNDERSTANDING
BE°f'WECN DE1J'cLOPER APdD C9TY OF TIGAR~
~~GARDIiNG C0NSTRUGTIOP! C~~ ~SH CREEK ES i .ATc5
Deve9oper: Windwood Gonstruction, inc.
Subdbvisian: Ash Creek Estates SUB 2003-00010
Date: May 18, 2006
This agreemeni is hereby made between Windwood Construction, lnc., hereinafter the
"Deveioper" and the Gity o; Tigard, regarding authorization to proceed with subdivision
improvements ;r, the developmpnt known as Ash Creek Estates.
1. Developer agrees to hold harmless and indemnify the City of Tigard', and its
ernpioyees from ail claims refated to said deveiopment,
2. Develoner wiil hold the Ciiy of Tigard, and its employees, harmless from any and all
changes needed to accommodate ihe finai public improvement construction.
3. Developer agrees to compiy with all pravisions oi the Engineering Department's final
construction drawings. -
4. in the event the lard use approval is reverszd on appeai and developmert is ultimately
not approved, developer shali remove all improvements as directed by the Cify.
5. Developer shall add City of Tigard, its officers, directors, and empfoyees as additional
insured vvith respect to this MOU on Developer's Commercial Generai Liabiliiy
insurance policy. Said CGL policy will have a general aggregate limit of no less than
two million dollars ($2,000,000) with a per occurrence limit of no iess than one million
dollars ($1,000,000).
DEV±ELOPER CITY OF TIGARD
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Study Session
Agenda Item #
Meeting Date Nov. 28, 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide City Center Advisory Commission Downtown Develo-12ment Letter
Prepared By: Phil Nachbar Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Review of Ciry Center Advisory Comrnission (CCAC) "Developer letter" encouraging prospecuve developers in the
Downtown to adhere to the Tigard Downtown Improvement Plan. The letter will be made available at pre-application
meetings to all applicants undertaking new development or major reconstrucrion in the Downtown.
STAFF RECOMMENDATION
Information only.
KEY FACTS AND INFORMATION SUMMARY
The Ciry Center Advisory Commission has shown concern about new development occurring in the Downtown that is '
not subject to new land use regularions and design guidelines. The specific concern is that new development proposals
may not conform to what is envisioned in the Tigard Downtown Improvement Plan (TDIP), and could result in
projects which are not the proper land use or qualiry anticipated by the Plan. Staff began the process of developing new
regulations for the Downtown in June 2006, but final adoption and the pubic hearing process is not anticipated until
July 2007. The CCAC felt this letter would encourage a spirit of cooperation and adherence to the TDIP until final
regulations have been adopted.
OTHER ALTERNATIVES CONSIDERED
N/A
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Land Use / Design Guidelines are a top Council goal for 2006 under the "Implement Downtown Plan" - Identify and
make changes to the Tigard Development Code needed to implement the Downtown Plan (e.g., zoning overlays,
design standards). It is also part of the Vision Statement under the "CBD" - 2) Upgrade Ciry's regulations for the
Central Business District in cooperation with consultant's recommendarions.
ATTACHMENT LIST
Attachment 1: Proposed CCAC Developer Letter
FISCAL NOTES
No cost impact.
City of Tigard
City Center Advisory Commission
13125 SW Hall Blvd.
Tigard, OR 97223
October 11, 2006
Thank you for your interest in investing in Tigard. We are enthusiastic about the
opportunities that exist within our ciry and welcome your involvement.
As you are aware, your proposed project is located within Tigard's Ciry Center Urban
Renewal District. This district came into being because the voters of Tigard overwhelmingly
approved the adoption of Tigard's Urban Renewal Plan in May of 2006. The key
component in this urban renewal effort is Tigard's Downtown Improvement Plan. This
plan was developed with painstaking care by Tigard citizens over a 3 year period. Those
citizens continue to be involved as the Downtown Improvement Plan moves into the
implementation phase.
Our vision of Downtown Tigard is "an active urban village at the heart of our community,
pedestrian oriented, accessible by many modes of transportation, one which recognizes
natural resources as an asset and enables people to live, work, play and shop in an
environment that is uniquely Tigard."
To make this vision a realiry, the City of Tigard must ensure that land use regulations and
design guidelines are in place to guide development proposals toward the type and qualiry
envisioned in the Downtown Improvement Plan. This legislative and administrative process
is underway today, but it is not complete.
We, as citizens of Tigard who are committed to Tigard's Urban Village becoming a reality,
are appreciative of your interest and respectful of your prospective investment in our City.
We are concerned that the timing of your project precedes the adoption of the land use and
design guidelines that we hold to be very important, if not critical, to promoting qualiry and a
sense of permanence in redeveloping our downtown.
We ask that as you proceed with your design development and feasibility analysis, to please
be sensitive to the vision and expectation of Tigard residents who have voted for, and expect
nothing less than, an improved downtown. Please join us in creating an urban village that
embodies quality and permanence, an urban village that is pedestrian oriented, and an urban
village that complements the expanded open space areas identified in the Downtown Plan.
Respectfully,
Carl Switzer
Ciry Center Advisory Commission Chairman
AGENDA ITEM NO. 2- CITIZEN COMMUNICATION DATE: November 28, 2006
- (Limited to 2 minutes ot 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.
Tlvs is a City of Tigard public meeting~, subject to the State of Oregon's public meeting and records laws. All
written and orai testimony become part of tbe pvblic record. The names and addresses ofpersons who attend
or parricipate in City of Tigard public meetings will be included in tbe meetingminutes, which is a public
tecotd.
NAME, ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Also, please spell your name as it sounds, if it will ,
help the presiding officer pronounce:
Address ~I c~ ~ CJ' ~A G/ ~ e-~`~~.
City ~
State en Yt---- Zip ~Z 7 c~-~- ~
Phone No. ~S- O -S 0 LO S
Name• ~ : hv , . 1U~'
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
C~-P'
Address City State Zip
Phone No. -rip3
Name• Also, please spell your name as it sounds, if it will
help the presiding officer pronounce: ~~~yyfE Fo r,
Address T R40
City ~crr-.~b2 p .
State ~ . Zip
Phone No.
CITIZEN COMMUNICATION
This is a petition to request a public hearing to be held.
investigatin the events concerning the shooting and death
of Lukus
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To whom it may concern,
We, students at Wilson High School, have been deeply disturbed by the decision made by
the District Attorney in the case of Lukus Glenn, stating that his tragic death was
justifiable. We are appalled by the response of police during this particular situation, and
during other times of crisis. We feel that other actions could have been taken which
could have prevented this wrongful death. This needless loss of life should not be
tolerated or over looked.
Concerns expressed by students at Wilson High School,
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THE DEATH OF LUKUS GLENN blic T e deserves-,
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more than silen%.%;;; ~
, represent the family of Likus Genn, _ swom to protect and to serve. It is simply
- the 18-year-old who was shot and arrogant to state that those people you
1a71ed last month by Washington are swom to pmtect and serve - and County sherlffs deputies shortly who are taaoed for your paycheck -
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after his mother-caIled 9-1-1 for help in' should.not have the right ro voice their
~ dealingwithherdmnk,distressedson. concems.
Because of numerous public misrepre- In the. Glenn case, the famity looked
hearingsentations by Washington Cuimty offi- fonvard w_ a gtand jury
. None
' caaLs; - Lukus' paients, Hope and Bsad was convened: They were told to wait fnr '
Glenn, have sought to have a further con- the offidal reports. They did, What they .
veisadon within the commimity abaut fiound was that the offioers had inaocur= .
8iear. son's death, a comiersation between atety descnbed the facts regarcHng Lukus'
the public and law enforcement to help _death specificallq that there was a long
~ - aIl of us undeistand the role of emergency gaP between when beanbag rounds were
seivices. Why? Because in fired and when the letlial
Hope s words, "They didn t rounds were fired: The Wash-
^ have_ tio shoat him; we just ington County district attor-
-askedfarhelp." ney accepted the officers'
Local cidzens invest m1- version of the events, even
thou an audio reco of
lions of dollars azmually in law ~ ~g
enforcement and 9-1-1 serv- 'that mg?t clearly contradicts
ices. Local ovemment is re= that version, showing that
spons~ble - tgo see - thaf ttie` u►wRENCE there was no gap between the
G).; money is W+2ll §pent and dlat . K. PETERSON beanbag TOUnds and the le- '
police power is nof abused. IN MY OPIlJION thal $re.
City haDs and coimty boards Despite pointing out the certainty should have a wice after such plain inaccuracy of the DA's report, •the
incidents and should pmvide a fonun famlly's"questions have been met with
through wluch the public, the faznles of. deafening silence from public officials:
those affected and law enforcement can It doesn't require a history of experi-
~ be heard, ence with violent confirontation to listen ' But some in law enforcement don't see to a tape recording - or &om that to
it that way. Former Pordand police officer question the actions of law enforcement.
GW. Jensen argued 'm a letter to the editor Asldng legitimate quesdons is the pub-
in The Oregonian that the lay pubflc lic's right, and it is the govemmenYs obli-
doesn't undeistand such incidents be- gatlon to answer. '
cause they are not experts and have never Pordand Police Ctrief Rosie Sizer got a,
faced violent_ confrontations. In an article lot of it rlght in her opinion piece last
m the October "Rap Sheet" from the Port- week (°A time to focus on the broader is-
~ land Police Association, retaed Capt sues," Oct. 25). This is the time to "focus
James Harvey rails against "armchair on the larger pichare" in review of emer-
quarterbacks" and . mocldngly suggests gency-services: It is not the time to faIl that people should call columnist Steve behind the closed ranks of the "thin blue -
Dain or The Oregonian's offices "to deal line° and hope the questions go away.
with the violence," as if this bit of curious An open, transparent review of. the
wit ends the discussion: In the same edi- facts surrounding Lukus Glenn's death is
tion, PPA president and police officer a conshvctive step in the process of ad-
Robert IGng rebukes any request for a ministering emergency services and re-
public inquest as "outdated, unnecessary storing the public's confidence in the
and destructive" because of the "com- 9-1-1 system. It's not the first tlme that a
munity's failure to understand us." famity of a troubled, dnmken teen has
The last time I checked, Steve Duin called for help. And it won't be the last .
and The Oregonian are in business to re- .
port and comment on news and events, Lau,,,,e„ae R pete„nn ts an att,,,,rey _
whle law enforcement officials have mprmreting the Gle,m fnmily.
fax to 303-2%"193, or by mail to "In My Opinion;' Op-Ed Page, The Oregonian,
ad and may be pubiished or otherwise used in any medium. You can reach Commentary page
This is a petition to request a public hearing to be held
investigating the events concerning the shooting and death
of Lukus Glenn. .
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to be held
t a pub~`ic hearing ~d death
ta requeS ing the sh°°ting
This iS a pentition the e~entS con~e~
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To whom it may concern,
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We, students at Wilson Hi h School
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have been deeply disturbed by the 24. 6ot,(~`~~ ~
decision made by the District ~
Attorney in the case of Lukus Glenn, 25• $e n ard~,,a,nn
stating that his tragic death was 26~
justifiable. We are appalled by the 27.
response of police during this 28.
particular situation, and during other 29,
times of crisis. We feel that other 30.
actions could have been taken which 31.
could have prevented this wrongful
death. This needless loss of life 32'
should not be tolerated or over 33.
looked. 34.
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Concerns expressed by students at 36.
Wilson High School, 37.
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To whom it may concern,
We, stude-nts at Wilson High School, have been deeply disturbed by the decision made by
the District Attorney in the case of Lukus Glenn, stating that his tragic death was
justifiable. We are appalled by the response of police during this particular situation, and
during other times of crisis. We feel that other actions could have been taken which
could have prevented this wrongful death. This needless loss of life should not be
tolerated or over looked.
Concerns expressed by students at Wilson High School,
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To whom it may concern,
We, students at Wilson High School, have been deeply disturbed by the decision made by
the District Attorney in the case of Lukus Glenn, stating that his tragic death was
justifiable. We are appalled by the response of police during this particular situation, and
during other times of crisis. We feel that other actions could have been taken which
could have prevented this wrongful death. This needless loss of life should not be
tolerated or over looked.
Concerns expr ss y students at Wilson High School,
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To whom it may concern,
We, students at Wilson High School, have been deeply disturbed by the decision made by
the District Attorney in the case of Lukus Glenn, stating that his tragic death was
justifiable. We are appalled by the response of police during this particular situation, and
during other times of crisis. We feel that other actions could have been taken which
could have prevented this wrongful death. This needless loss of life should not be
tolerated or over looked.
Concerns expressed by students at Wilson High School,
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To whom it may concern,
We, students at Wilson High School, have been deeply disturbed by the decision made by
the District Attorney in the case of Lukus Glenn, stating that his tragic death was
justifiable. We are appalled by the response of police during this particular situation, and
during other times of crisis. We feel that other actions could have been taken which
could have prevented this wrongful death. This needless loss of life should not be
tolerated or over looked.
Concerns expressed by students at Wilson High School, 2D~' co
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To whom it may concern,
We, students at Wilson High School, have been deeply disturbed by the decision made by
the District Attorney in the case of Lukus Glenn, stating that his tragic death was
justifiable. We are appalled by the response of police during this particular situation, and
during other times of crisis. We feel that other actions could have been taken which
could have prevented this wrongful death. This needless loss of life should not be
tolerated or over looked.
Concerns expressed by students at Wilson High School,
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To whom it may concern,
We, students at Wilson High School, have been deeply disturbed by the decision made by
the District Attorney in the case of Lukus Glenn, stating that his tragic death was
justifiable. We are appalled by the response of police during this particular situation, and
during other times of crisis. We feel that other actions could have been taken which
could have prevented this wrongful death. This needless loss of life should not be
tolerated or over looked.
Concerns expressed by students at Wilson High School,
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These signatures signify the request of a public inquest for the investigation of Lukus
Glenns death.
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This is a petition to request a public hearing to be held
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This is etition to r quest a public hearing to be held ~
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e r.eld
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This is a petition to request a public hearing to be held
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This is a petition to request a public hearing to be held
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This is a petition to request a public hearing to Ue held
investigating the events concerning the shooting and death
of L kus Glen
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This is a petition to request a public hearing to be held
investigating the events concerning the shooting and death
ofL sGe
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~ This is a petition to request a public hearing to be held
investigating the events concerning the shooting and death
of Lukus Glenn.
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investigating the events concerning t shooting and death
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This is a petition to request a public hearing to be held
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This is a petition to request a public hearing to be held
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This is a petition to request a public hearing to be held
investigating the events coneerning the shooting and death
of Lukus Glenn.
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This is a petition to request a public 1learing to be held
investigating the events concerning the shooting and death
of Lukus Glenn.
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Agenda Item # E'
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigaxd, Oregon
Issue/Agenda Title A Resolution Anproving Budget Amendment #6 to the FY 2006-07 Budget to Increase
App_ol2riations in the Water Quality/Quanrity Fund Capital Projects budget within the Community Investment
Program for Additional Funding foY the Hiteon Creek Riparian Enhancement Pxoject.
Prepaxed By: Michelle Wareing Dept Head Approval: City Mgr Appxoval:
ISSUE BEFORE THE COUNCIL
Shall the Ciry Council appxove Budget Amendment #6 to increase appropriarions in the Water Qualiry/Quanrity Fund
Capital PYOjects budget for additional funding for the Hiteon Cxeek Riparian Enhancement project?
STAFF RECOMMENDATION
Staff recommends approval of Budget Amendment #6.
KEY FACTS AND INFORMATION SUMMARY
The FY 2006-07 Community Investment Program includes $90,000 for the Hiteon Creek Riparian Enhancement
project. This project constructs xiparian enhancement features, including modifications of riparian buffer areas to
promote treatment of high flows. It also includes placement of large woody debris and minor channel unprovements.
Staff is xequesting an additional $18,474 for this project. The FY 2005-06 budget had included funding for the design
and permitting of this project with actual construction to be done in FY 2006-07. Due to backlogs at the Corp of
Engineers, the necessary permits have been delayed. ThexefoYe, the permit expenses will be incuLred in FY 2006-07,
which were unanticipated. This budget amendment will ttansfer $18,474 from the Water Qualiry/Quantiry Fund
contingency to the Water Quanrity/Quality Capital Pxojects budget. The total amount of appropriations for the
Hiteon Creek Kiparian Enhancement project will be $108,474 after the budget amendment.
OTHER ALTERNATIVES CONSIDERED
Do not appxove Budget Amendment #6. The Water Quality/Quantity Capital Projects budget may or may not be
overspent.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
None
ATTACHMENT LIST
Resolution including Attachment A.
Memo from Carla Staedter to Dennis Koellermeier.
FISCAL NOTES
This resolution transfers $18,474 from the Water Quality/Quantity Fund Contingency to the Water
Quality/Quanrity Fund Capital Pxojects budget for the addirional funding for the Hiteon Creek R.iparian
Enhancement project.
.
MEMORANDUM
B Cc~~~D
TO: Dennis Koellermeier
FROM: Carla Staedter4~
RE: Hiteon Creek/Harris Stream Service Contract
DATE: June 30, 2006
This memo is to request that funds be appropriated by a budget amendment in FY 06/07 in
the amount of $18,474.00 to complete work required under our current contract with Harris
Stream Services.
Harris Stream Services is currendy providing consulting services for permitting, design, and
construction consultation of the Hiteon Creek outfall improvement project at Englewood
Park. This is a Healthy Streams project due to go to construction in FY 06/07.
The project consists of 2 phases, (1) design/permitting and (2) construction/construction
consultation. Phase 1 was originally budgeted for FY05/06, but due to permitting delays
beyond our control (the result of back logs at the CORP of Engineers) we were unable to
complete design and permitting in 05/06 and will need to appropriate funds forward for
06/07.
If you have any specific questions regaxd.ing this request, please contact me.
,
Agenda Item # ~ , ~3
Meeting Date November 28. 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oxegon
Issue/Agenda Title A Resolution A1212roving Budget Amendment #7 to the FY 2006-07 Budget to Accept and
Expend Bureau of justice Grant Funds for the GREAT Pxogram.
Prepaxed By: Michelle Waxeing Dept Head Approval: d City Mgr Appxoval:
ISSUE BEFORE THE COUNCIL
Shall the City Council approve Budget Amendment #7 to Yecognize the Bureau of Justice Grant revenue and increase
appropxiarions in the Police Department budget for expenditure of the grant funds for the Gang Resistance Educarion
and Awareness Trauung (GREA'1) program.
STAFF RECOMMENDATION
Staff recommends approval of Budget Amendment #7.
KEY FACTS AND INFORMATION SUMMARY
On January 24, 2006, City Council gave approval for staff to apply for a Buxeau of Justice grant for the GREAT
program. It was anricipated that the Ciry would receive $50,000 in grant revenues as it had received this amount in the
past. Staff budgeted the $50,000 in grant xevenues and corresponding expendituxes in the FY 2006-07 budget.
The City has been norified that the Ciry will actually be receiving $205,796 in grant revenues with a required City match
of $22,866. The majority of these grant revenues will be used to pay the salaries and benefits of existing personnel
involved in the GRFAT program. These personnel expenditures were already included in the FY 06-07 budget.
This budget amendment officially recognizes the grant revenues of $155,796, which is the amount in excess of the
$50,000 that was budgeted. It also increases appropriations in the Police by $18,478, which is the difference between
what was originally budgeted in FY 06-07 (including salaries and benefits) and what was approved to be paid for with
grant revenues.
OTHER ALTERNATIVES CONSIDERED
Do not approve Budget Amendment #7.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Vision Task Force Goal - Public Safety
4. Police outreach - better communicarion with all citizens
ATTACHMENT LIST
Resolution including Attachment A.
Memo from Sheryl Huiras to Bill Dickinson
FISCAL NOTES
This Yesolution increases grant revenues in the General Fund by $155,796 and increases appropriations in the Police
Department Budget by 18,478. The majoxity of the grant revenues will be used to pay the salaries and benefits of
existing officers whose costs were already appropriated in the FY 2006-07 budget.
V
.
' MEMORANDUM
~d
TO: Bill Dickinson, Chief of Police
FROM: Sheryl Huiras, Youth Programs Ma.nager
RE: GREAT Grant Budget Amendment
DATE: October 5, 2006 In FY 06-07 budget, we budgeted to receive a$50,000 GRFAT grant and budgeted program
expenditures in the same amount. We have been awarded a grant from the Bureau of
Justice for GRF.AT in the amount of $205,796.00. This grant will be used for:
Personnel/Salary $91,044.67
Fringe Benefits $46,273.43
Travel $15,884.00
Supplies $14,844.10
Consultants/Contracts $27,000.00
Other $33,615.80
Total project costs are $228,662.00. The grant is for $205,796.00, the City's match is
$22,866.00.
As the majority of these expenditures are alrea.dy included in the budget, this memo is to
request a budge amendment for the difference, which is $18,478.
Agenda Item #
Meeting Date November 28. 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide A Resolution A1212roving Budget Amendment #8 to the FY 2006-07 Budget to Increase
Apnropriarions in the Gas Tax Fund Capital Projects for funding of the Preliminary Engineer's Report for the
Proposed Local Improvement District (I.ID) fox infrastructure unpYOVements in the Tigard Triangle.
Pxepaxed By: Michelle Wareing Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the City Council approve Budget Amendment #8 to increase appropriations in the Gas Tax Fund for funding of
the Preluninary Engineer's Report for the proposed Local Improvement District (LID) for infrastructure improvements
in the TigaYd Triangle?
STAFF RECOMMENDATION
Staff recommends approval of Budget Amendment #8.
KEY FACTS AND INFORMATION SUMMARY
On February 28, 2006, City Council approved a xesolution authorizing the preparation of a Preliminary Engineer's
Report for the possible formarion of a Local Improvement District (LID) to unprove certain streets witlvn the Tigard
Triangle. Specht Development, Inc., who submitted the petition, deposited $72,500 with the City to fund the
preparation of the report. The deposit was receipted into the City's Gas Tax Fund.
Expenditures related to the Preluninary Engineer's Report are being incurred in FY 2006-07. The Gas Tax Fund does
not include any appropriations for the Report as it was anticipated that the Yeport would be completed in FY 2005-06.
The FY 2006-07 Budget does include a new fund, Tigard Triangle LID #1, and expenditure appropriations for
construction of LID. However, expenditures can only be charged to this fund if the City Council approves creation of
the LID and the City issues a bond anticipation note to pay for the expenditures.
A budget amendment is needed to fund the Pxeliminary Engineer's Report expenditures that are being incurred in FY
2006-07. The Specht Development deposit will actually fund the cost of the Yeport; however, for budgetary purposes, it
is necessary to do a contingency transfer of $72,500 fxom the Gas Tax Fund contingency to the Gas Tax Fund Capital
Projects budget to appxopriate the necessary funds.
OTHER ALTERNATIVES CONSIDERED
Do not approve Budget Amendment #8.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
By constructing improvements to upgrade the street infrastructure in the Tigard Txiangle, the Local Improvement
District (LID) would address the findings of the 2002 Tigard Transportation System Plan that identified the Tigard
Triangle as an area where future transportation problems appear significant.
ATTACHMENT LIST
Resolution including Attachment A.
FISCAL NOTES
This budget amendment will transfer $72,500 from the Gas Tax Fund contingency to the Gas Tax Capital
Improvement Projects budget.
~
Agenda Item # ,5
Meeting Date November 28. 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide A Resolution A1212roving Budget Amendment #9 to the FY 2006-07 Budget to Correct Budget
Amendment #2's Resolution No. 06-49 Attachment A to the Resolution.
Prepared By: Michelle Wareing Dept Head Approval: 3 City Mgx Approval: lJ'~
ISSUE BEFORE THE COUNCIL
Shall the City Council appYOVe Budget Amendment #9 which will correct the error in Attachment A to Resolution No.
06-49 that was approved by Council on August 8, 2006?
STAFF RECOMMENDATION
Staff recommends approval of Budget Amendment #9.
KEY FACTS AND INFORMATION SUMMARY
On August 8, 2006, City Council approved Resolution No. 06-49, which was for Budget Amendment #2. This budget
amendment transferred $25,000 from the Parks Capital Fund contingency to the Parks Capital Projects budget to fiznd
the Northview Paxk play structure. Everything regarding the budget amendment and resolution wexe correct except for
Attachment A to the resolurion. Attachment A showed the decrease in the contingency by $25,000, but it did not show
the $25,000 increase in the Parks Capital Projects budget.
Staff consulted the City Attorney, who recommended that a budget amendment be done to correct the exror in
Attachment A as the incorrect Attachment A could not just be replaced with a corrected one. This budget amendment
will correct the error in Attachment A to Resolurion No. 06-49.
OTHER ALTERNATIVES CONSIDERED
None
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
None
ATTACHMENT LIST
Resolution including Attachment A.
FISCAL NOTES
This resolution will correct Attachment A to Resolution No. 06-49 by showing a transfer of $25,000 from the Parks
Capital Fund contingency to the Parks Capital Projects budget.
Agenda Item # ~o 6
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Appoint Dennis Sizemore to the Tree Board as a Voting Citizen Member
Prepared By: Dennis Koellermeier Dept Head Approval: Ciry Mgr Approval:
ISSUE BEFORE THE COUNCIL
The Council is being asked to appoint Dennis Sizemore to the Tree Board.
STAFF RECOMMENDATION
Approve the resolution making the appointment.
KEY FACTS AND INFORMATION SUMMARY
a Dennis Sizemore was appointed to the Tree Board as a citizen member alternate in Apri12006.
■ With the resignation of Scott Deselle, a voting citizen member vacancy exists on the Tree Board.
■ The Mayor has indicated he would like Mr. Sizemore to complete Mr. Deselle's unexpired term and
become a voting citizen member of the Board. Mr. Sizemore has expressed his willingness to serve on
the Board in this capacity.
■ With the passage of the attached resolution, Mr. Sizemore will be appointed to complete Mr. Deselle's
term which expires on May 31, 2010.
OTHER ALTERNATIVES CONSIDERED
Do not approve the resolution and provide staff with direction on some other course of action.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow: Community Character & Quality of Life
Volunteerism Goal #1: City will maximize the effectiveness of the volunteer spirit to accomplish the
greatest good for our community.
ATTACHMENT LIST
1. Resolution
2. Appointee Background Information
FISCAL NOTES
No costs are associated with this action.
ATTACHMENT 2
City of Tigard Tree Board
Appointee Background Information
November 28, 2006
Dennis Sizemore - At the November 28 Tigard City Council meeting, Dennis
Sizemore will be recommenced for appointment to the Tree Board voting citizen
member position formally held by Scott Deselle. Mr. Sizemore is a retired school
administrator and currently serves as adjunct staff at Concordia College in Portland.
He is a former officer with the Confederation of School Administrators and holds a
Bachelor of Science degree in Education and a Master of Science degree in Secondary
Education. His new Tree Board term runs through 5/31/10.
Agenda Item # -3' ?
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide Planned Developments Fee Increase
~
Prepared By: Sean Farrell~T Dept Head Approval: ~ Cit), D~Igr Approval:
ISSUE BEFORE THE COUNCIL
Shall the City Council approve a Yesolution to amend the Master Fees and Charges Schedule and update the Planned
Developments Fee Schedule?
STAFF RECOMMENDATION
Staff recommends that Council adopt the resolurion.
KEY FACTS AND INFORMATION SUMMARY
On October 24, 2006, Council adopted a Code Amendment (DCA2005-00004) revising the Planned Developments
chapter of the Development Code. The amendment changes the procedure, requiring two Type III-Planning
Comxnission reviews, one for the Concept Plan and another for the Detailed Plan. (PrelTiously only the Concept Plan
review was a Type III.) This will result in an increase in staff time required to process PD applications. The applicant
can choose to have the two plans reviewed concurrendy.
The current fees for a Planned Development are as follows:
Conceptual Plan Review: $6,980.00
Detailed Plan Review: Applicable SDR or Subdivision Fee
The new fee schedule will take into account the new review requirements and will depend on whether the applicant
wishes to have separate oY concurrent Planning Coinmission hearings. The new fee schedule would be as follows:
Concept Plan Review: $7,260.00
Detailed Plan Review (concurrent hearing): Applicable SDR or Subdivision Fee +$200.00
Detailed Plan ReNriew (separate hearing): Applicable SDR or Subdi-,rision Fee +$2,138.00
OTHER ALTERNATIVES CONSIDERED
To not increase the fee schedule.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
N/A
I:\LRPLN\Council Materials\2006\11-28-06 PD fee AIS.doc 1
1 )
ATTACHMENT LIST
Attachment 1: Resolution
Exhibit A: City of Tigard Fees and Charges Schedule
FISCAL NOTES
The increased fee will recover the costs of the additional staff time to administer the new Planned Development
process.
I:\LRPLN\Council Materials\2006\11-28-06 PD fee AIS.doc 2
Agenda Item # 3- 9
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigaxd, Oxegon
Issue/Agenda Title Amendment to Resolution No. 06-65 Revising the MembersW of the Citizen Advisor~
Committee for the j hwa 99W Corxidor Im rovement and Mana ement Plan
N,'./ ,n
Prepared By: A.P. Duenas Dept Head Okay C Ciry Mgr Okay
ISSUE BEFORE THE COUNCIL
Council will consider an amendment to revise the membership of the Citizen Advisory Committee (CAC) foY the
Highway 99W Corridor Impxovement and Management Plan.
STAFF RECOMMENDATION
That Council approve the attached resolution amending Resolution No. 06-65.
KEY FACTS AND INFORMATION SUMMARY
Resolution No. 06-65 established a Citizen Advisory Committee to guide the pxepaxation of the Highway 99W Corridor
Improvement and Management Plan and appointed members to the committee. There is a need to revise the
membership to include a member of CP04B voted by that group to xepresent them. Tom Fexgusson will be appointed
as the CP04B representative. A non-resident at-large position will be added to the membership and Maxlece Watson,
previously designated as the CP04B representative in Resolution No. 06-65, will be appointed as the non-resident at-
large membex increasing the total membership from 11 to 12.
OTHER ALTERNATIVES CONSIDERED
None
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Reduction of traffic congesrion and traffic citcularion improvements meet the Tigard Beyond Tomorrow
Transportation and Traffic goals of "Improve Traffic Flov~" and "Improve Traffic Safety." Any land use changes that
unprove circulation and reduce txaffic congestion likewise suppoxt those goals. In addition, impxovements to the
Highway 99W corridor support the 2006 Council goal to "Improve 99W Corxidor."
ATTACHMENT LIST
Resolution Amending Resolution No. 06-65
Resolution No. 06-65
FISCAL NOTES
The total project amount is $200,000. The amount of $176,000 is funded ftom the TGM grant and $24,000 is ptovided
by the City through the Gas Tax Fund as local matching funds.
hengVuskauncil apenda summarieslnew apentla summary fortnat\1610.08 commuter reil pmject uptlate.COc
CITY OF TIGARD, OREGON
TIGARD CITY COU41CIL
RESOLUTION NO. 06-U ~
A RESOLUTION ESTABLISHING A CITTZEN ADVISORY CONIlVIITTEE TO GUIDE THE
PREPARATION OF THE HIGHWAY 99W CORRIDOR IlVIPROVEMENT AND
MANAGEMENT PLAN AND APPOINTING MEMBERS TO THE CONIlVIITTEE.
VVHEREAS, the City of Tigard applied for and received a TGM (Transportation Growth and
Growth Management) grant for the prepazation of the Highway 99W Corridor Improvement and
Management Plan; and
WHEREAS, the plan will identify projects and potential land use changes both intended to
alleviate traffic congestion and improve traffic circulation within the Highway 99W corridor
through the City from Durham Road to the I-5 Interchange; and WHEREAS, the project is administered by ODOT (Oregon Department of Transportation) and a
project consulting firm has been selected to prepare the plan; and
WHEREAS, a Citizen Advisory Committee is required to guide the preparation of the plan and to
present the completed plan to City Council; and
Wf-IEREAS, individuals representing a wide variety of community interests are needed to form the
committee and provide input into the preparation of the plan; and
WHEREAS, the committee members were selected through an established selection process led by
the Mayor.
NOW, T'HEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Highway 99W Corridor Improvement and Management Plan Citizen
Advisory Committee is hereby established to guide the preparation of the plan.
Its membership shall consist of those individuals listed on the attached Exhibit «A " .
SECTION 2: The mission of the Citizen Advisory Committee is to:
(1) Review and comment on dra$ plan materials prepared by the project
consultant; and
(2) Guide the preparation of the plan to ensure that the proposed plan meets
community needs; and
(3) Promote public understanding of the proposed plan.
RESOLLTTION NO. 06 - GP~~
Page 1
SECTION 3: The Citizen Advisory Committee shall:
(1) Participate in at least five meetings conducted by the project consultant; and
(2) Participate in up to three open house meetings at the completion of project
milestones to provide the public with an opportunity to review the progress of
the project and offer comments; and
(3) Consider comments received by the public; and
(4) Present findings and recommendations to City Council upon completion of
the plan.
SECTION 4: The term of service for the members of the committee shall expire after completion of the plan and presenta.tion to City Council and the committee itself
sha11 be terminated at that point.
SECTION 5: The City Engineer is assigned as staff liaison to the Citizen Advisory Committee.
Other City staff will be used to support the Committee's activities as deemed
necessary throughout the entire process.
SECT'ION 6: This resolution is effective urunediately upon passage.
PASSED: This ~ 1~ day of 2006.
~
Mayor - ty of Tigard .
ATTEST:
City Recorder - City of Tig
RESOLUTION NO. 06 - (95
Page 2
EXHIIBIT A
Highway 99W Corridor Improvement and Management Plan
Citizen Advisory Committee
Rex Caffall (Planning Commission)
Paul Owen (Transportation Financing Strategies Task Force)
Marlece Watson (CPO 4B)
Daniel Barnes (King City)
Jesse Black (Tigard Chamber of Commerce)
Roger Potthoff (Business along the Highway 99W corridor)
Cherree Weeks (Resident along the Highway 99W Corridor)
Tim McGilvrey (Biking Advocate)
Steve Boughton (Public Transportation Advocate)
Sue Carver (Resident-at-large)
William Moss (Resident-at-large)
IAFnc\0mWewlulions110.20-06 H'ipJway 99W Coaidmftn CAC RSS.doc '
RESOLUTION NO. 06 - Page 3
Agenda Item # 3.9 . a
Meering Date November 28, 2006
LOCAL CONTRACI' REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title: Award of Contract for the Construction of Hall Boulevard Sidewalk (from S12ruce Street to 850
feet south
Prepared By: Vannie Nguyen eHead A1212roval: City Mgr A1212roval: 02e
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board, by motion, approve the contract award for the construction of Hall Boulevard
Sidewalk (from Spruce Street to 850 feet south)?
STAFF RECOMMENDATION
Staff recommends that the Loca1 Contract Review Board, by motion, approve the contract award to Kodiak Benge
Construction in the amount of $279,279.00 and authorize an additional amount of $7,446.00 to be reserved for
contingencies and applied as needed as the project goes through construction. The total amount committed to the
project is therefore $286,700.00.
KEY FACTS AND INFORMATION SUMMARY
• The project was first advertised for bids in June 2006. Although bidders were provided sufficient time to
prepare their bids, staff received only one submittal, which was in the amount of $343,959. This bid was almost
50% higher than the average Engineer's estimate. The I.ocal Contract Review Board rejected the bid in the
Council meeting on August 8, 2006.
• The project was re-advertised for bids on October 6 in the Daily Journal of Commerce, November 1 in the El
Latino and November 2, 2006 in The Titnes and El Hispanic News. Three project addenda were issued. The
bid opening of November 9, 2006 was re-scheduled to November 13, 2006 to provide contractors additional
time to address the addenda. The bid results are:
Kodiak Benge Construction Shenvood, OR $279,279.00
Parker Northwest Paving Oregon City, OR $279,653.55
Landis & Landis Construction Portland, OR $281,693.50
CR Woods Trucking Newberg, OR $282,962.00
Kerr Contractors Woodburn, OR $318,840.00
Engineer's Estimate Range $276,000 to $338,000
• Re-bidding the project at this time of the year has in fact resulted in more bid submittals and lower bids (the
lowest bid submitted by Kodiak Benge Construction is $65,000 lower than the bid received in the summer).
• The project includes construction of approxitnately 900 feet of concrete sidewalk on the west side of Hall
Boulevard from Spruce Street to 850 feet south; reconstruction of eight concrete driveway aprons as
required by the Oregon Department of Transportation (ODO'1); construction of drainage pipes and catch
basins to collect water runoff, which currendy flows into existing ditches; and construction of planter strips
at locations where right-of-way acquisition is not required and impacts to existing properties are negligible.
• A wetland permit has been obtained from the US Army Corps of Engineers and a permit has been granted
by ODOT for work performed on a state highway.
• The contractor will have 90 days to construct the improvements except for work classified as in-stream
work (i.e. culvert extension, creek bank grading, wedand planting, etc.). The in-stream work will be
performed between July 1 and September 30, 2007 as required by the Corps of Engineers permit.
• This project has been approved for Community Development Block Grant (CDBG) in the amount of
$136,725. The FY 2006-07 CIP has included $150,000 under the Gas Tax Fund as local matching funds for
the project.
OTHER ALTERNATIVES CONSIDERED
None
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
The completed sidewalk supports the Tigard Beyond Tomorrow Transportation and Traffic goal of "Alternative modes
of transportation are maX;mi7ed".
ATTACHMENT LIST
Project location map
FISCAL NOTES
The project is funded by Community Development Block Grant (CDBG) in the amount of $136,725 and $150,000
through the FY 2006-07 Gas Tax Fund for the total amount of $286,725. This amount is sufficient to award the
construction contract of $279,279.00 to Kodiak Benge Construction and authorize a contingency amount of
$7,446.00 for the total $286,700.00 to construct the project.
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Agenda Item # 3' < , ~
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Award of Contracts for Wetland Services on an As-Required Basis
Prepared By: G. Berry ~ Dept Head ~oval: ~C! City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve two contract awards for wetland services on an as-required basis?
STAFF RECOMMENDATION
That the Local Contract Review Board approve, by motion, the contract awards to the following wetland services firms:
- Vigil-Agrimis, Inc., Portland, OR
- Zion Natural Resources Consulting, Monmouth, OR
Staff also requests that the City Manager be authorized to execute contracts with the firms for projects up to and
including $50,000. Projects exceeding $50,000 will be submitted for contract award by the Local Contract Review Board
prior to commencement of woxk.
KEY FACTS AND INFORMATION SUMMARY
City construction projects occasionally occur in wetlands where state and federal regulations require pexrnits. Permits
usually require delineation of the affected wetland and a plan for restoration or replacement of lost wetland area. The
selected firms would obtain the required permits and guide sanitary sewer reimbursement district, street improvement
and other projects through the regulatory process.
• In the past, wetland services firms have been hired for individual projects through a competitive proposal process.
This has proven to be cumbersome, time consumuig and expensive. The proposed as-required contracts will
enable the selected firms to begin work on projects without the delay and expense of a separate competition for
each project. On August 8, 2006, 12 firms submitted their proposals in response to a July 18, 2006 Request for
Proposals to provide wetland services. Each proposal was separately evaluated by four Capital Construction and
Transportation Division staff inembers. The three highest-rated firms (Parati of Oregon, Vigil-Aa mis, Inc., and
Zion Natural Resources Consulting) were invited to meet with the selecrion cominittee and further elaborate on
their proposals.
• Award of the contract to the two recommended firms is based on an evaluation of the firms' proposals,
presentations and the amount of work expected to be assigned to the firms. The selected firms were determuied to
have the capabilities, staffing, experience and compensation xequirements best suited to perform the required
services.
• The contracts will be for an inirial term of two years after Local Contract Review Board approval and may be
renewed for two additional one-yeax terms. Projects assigned to the firms will be on an as-needed basis. Once a
project is assigned to a firm, the firm will prepare and submit a cost proposal to the City for review and approval.
To further streamline the process and expedite project implementation, staff recommends that the Ciry Manager be
authorized to execute contracts with the firms for projects up to and including $50,000. Projects exceeding $50,000
will be submitted for contract award by the Loca1 Contract Review Board prior to commencement of work.
OTHER ALTERNATIVES CONSIDERED
Reject all proposals and prepare a Request for Proposal for each project.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
The proposed contracts will facilitate the completion of street projects meeting the Tigard Beyond Tomorrow
Transportation and Traffic Goals of "Improve Traffic Safety" and "Improve Traffic Flow" and sewer projects meeting
the Tigard Beyond Tomortow Growth and Growth Management goal of "Growth will be managed to protect the
character and livability of established areas, protect the natural environment and provide open space throughout the
communiry."
ATTACHMENT LIST
None.
FISCAL NOTES
Award of the contracts will not require funding until projects are assigned to the selected firms. Funding for
assigned projects will be through the respective project budgets.
I:\enp'2006-2007 y tlpVfp - wetlantl services~coundftll-2&08 wetlantl senices ewartl eis.COc
Agenda Item # - /d • 4?
Meeting Date November 28, 2006
CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide Memorandum of Understandin with Wilk-ui V Investments LLC.
Prepared By: Phil Nachbar Dept Head Approval: ~ City Mgr Approval:
ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY
Should the CCDA direct staff to execute a memorandum of understanding with Wilking Investments V LLC. for a
potential easement to develop a"gateway to Fanno Creek Park" from Main Street?
STAFF RECOMMENDATION
Direct staff to execute the attached memorandum of understanding for a potential easement for a gateway to Fanno
Creek Park from Main Street.
KEY FACTS AND INFORMATION SUMMARY
Council discussed the Memorandum of Understanding (Wilkings V Investments, LLC) in an executive session on
October 10, 2006. At that time, Council directed staff to place the item on a future consent agenda for approval.
The Tigard Downtown Improvement Plan and Downtown Streetscape Plan identify Fanno Creek at Main Street as an
entryway to Fanno Creek Park. Options for a gateway were subsequently developed in the Streetscape Plan.
A master plan for Fanno Creek Park, being conducted during FY 06-07 will address a more specific design and location
of a public gateway and access way in the area.
In anticipation of the need for public access along Fanno Creek from Main St. to Fanno Creek Park, discussions have
taken place with Chuck O'Leary, property owner and partner in Wilking Investments V LLC. Wilkulg Investments is
owner of the "brewery pub properry" on the south side of Fanno Creek on Main Street. The Ciry's objecdve is to
idenrify property for which public access may be obtained for a more expanded entryway into the Park. Thus far,
Wilking Investments has been supportive of and interested in working with the Ciry to mak-e this happen.
An agreement for an easement would not occur until a specific design and location have been evaluated. This
evaluadon would tak-e place as part of the Fanno Creek Park Master Plan process.
OTHER ALTERNATIVES CONSIDERED
Alternatives include no action, or consideration of the opposite side of the creek for a gateway. None of the
alternatives are precluded by executing this memorandum of understanding.
CITY COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
A key Council goal of FY 06-07 is to "Implement Downtown Plan". The development of gateways is a key design
objective of the adopted Tigard Downtown Improvement Plan.
ATTACHMENT LIST
Attachment #1: MOU with Wilking Investments V, LLC.
FISCAL NOTES
There is no cost impact of executing a memorandum of understanding with Wilking Investments V, LLC.
Memorandum of Understanding
This Memorandum of Understanding is between the City of Tigard and Wilking
Investments V, LLC, owner of the subject property located at 12562 SW Main St. in
Downtown Tigard.
Purpose of option agreement:
• To provide the basis for negotiations for an agreement for the
construction and access of a public "gateway" and / or access way from
Main Street to Fanno Creek Park on the subject property in conjunction
with the City's Urban Renewal Program. The term "gateway" refers to
an entryway feature, and the term "access way" refers to pathway, both
to be located in the public right-of-way by easement. The location of the
gateway / access way shall be from Fanno Creek adjoining and upon the
subject property.
• To set forth the responsibilities of each party to effect an agreement for
the future construction of a public gateway and access way from Main
Street to Fanno Creek Park.
Responsibilities:
The City of Tigard agrees to:
• In good faith, evaluate the subject property for use as a public gateway
and access way as part of the City's Downtown Urban Renewal
Program.
• Communicate with Wilking Investments V, LLC, in good faith, its
interest, concerns, and abiliry to effect an agreement for an easement
for construction and access of a gateway and / or public access way on
the subject properry.
• Determine, where appropriate, the necessary land area for a"gateway"
feature and public access route upon the subject property.
• Provide a legal description, where appropriate, for a public easement to
accommodate a gateway feature and / or public access route from
Main Street to Fanno Creek Park.
• After evaluating the feasibility, prepare an agreement for development
of a public gateway and / or access way for consideration and
execution by both parties.
Wlilking Inve.ctments V LLC agrees to:
• Communicate with the City of Tigard, in good faith, its interest,
concerns, and ability to effect an agreement for an easement for
construction and access of a gateway and / or public access way on the
subject properry.
• Negotiate in good faith with its tenant and the City of Tigard to
provide an easement for construction and access of a gateway and /or
public access way on the subject property.
• Negotiate in good faith with its tenant and the Ciry of Tigard for the
removal of the existing portion of the building at the rear extending
from the plane of the building towards Fanno'Creek to provide
additional land area for a public access way to Fanno Creek Park.
• Negotiate in good faitli with its tenant and the City of Tigard for a
portion of the existing vacant land area located at the rear of the
building (formerly parking) to be subject to a construction and access
easement for a public access way to Fanno Creek Park.
In order to accomplish the purpose of thi.r Memorandum of Under.rtanding, both parl~ies
agree to the follozving:
• The parties each understand that this transaction will be conditioned
on the review of additional information relating to the property and
the plans for its use by the parties. By signing this memorandum of
understanding, and pending further study and consideration by the
parties, both parties agree to negotiate in good faith toward the
incorporation of its content into such agreements as necessary to
effect this transaction, including, but not limited to access and
easement agreements, lease modifications, etc.
• This Memorandum of Understanding shall remain in effect for the
earlier of (1) a sale of the properry by Wilking Investments V, LLC; (2)
a period of three (3) years from the date of this Memorandum of
Understanding; or (3) until the agreements contemplated by this
Memorandum of Understanding are executed.
SiZned,
Date
Craig Prosser, City Manager
Date
Chuck O'Leary, Manager
Wilking Investments V LLC
Agenda Item # 3 /0.,D/
Meeting Date November 28. 2006
CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide: Memorandum of Understanding with Stevens Marine; Inc. for 12otenual 12urchase of properties in
the Downtown
Prepared By: Phil Nachbar Dept Head Approval: ~ Ciry Mgr Approval: te
ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY
Should the City Center Development Agency (CCDA) direct staff to execute a Memorandum of Understanding
(MOU) with Stevens Marine, Inc. for potential purchase of key properties in the downtown?
STAFF RECOMMENDATION
Authorize the Ciry Manager to sign the attached Memoranduxn of Understanding.
KEY FACTS AND INFORMATION SUMMARY
Council discussed the Memorandum of Understanding (Stevens Marine, Inc.) in an executive session on October
10, 2006. At that time, Council directed staff to place the item on a future consent agenda for approval.
One of the key projects in the adopted work plan for FY 06-07 is the development of a new master plan for Fanno
Creek Park. The design for a public use area may include property now owned by Stevens Marine, Inc. There is the
opportunity to develop a working relationship with and potentially purchase key properties from Stevens Marine, Inc.
to work towards the implementation of the public use area. The acquisition of the Stevens Marine properry could also
be helpful to implementing the urban creek corridor, another key Tigard Downtown Improvement Plan (TDIP)
project. Full use of the property could include partial redevelopment, allowing the Ciry to parucipate in and set the
standard for the type and qualiry of development to follow.
The decision to acquire any properties will depend on 1) a determinarion of need and feasibility through the Master
planning process for Fanno Creek, 2) a mutual agreement for purchase with Stevens Marine, Inc. and 3) the City's
financial capaciry to purchase the properties.
The purpose of the Memorandum of Understancling is to establish the mutual interest of the parties in developing an
option agreement. It is important to understand any option agreement does not corrunit the City to a purchase, but
rather provides an "option" to purchase.
The draft Memorandum of Understanding has been reviewed by the Ciry Attorney.
OTHER ALTERNATIVES CONSIDERED
Other alternatives include no action, or not developing an option agreement with Stevens Marine, Inc. These
options are not proactive, and could result in the Ciry not being in a position to implement the public use area,
potential redevelopment, or a viable solution for the urban creek corridor.
CITY COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow Vi.rion Goals #2 The Downtown will provide a gathering place for the communiry and honor
the sense of small town / village. Strategy 1) Develop the gathering place identified in TDIP. Planned Actions:
Development of Downtown place for events will be a high prioriry when the TDIP is finished.
ATTACHMENT LIST
Attachment #1 - Stevens Marine, Inc. Memorandum of Understanding
FISCAL NOTES
There is no cost impact to signing this Memorandum of Understanding. Any future commitment of Ciry funds for
properry acquisition will be evaluated by the Finance Department.
Memorandum of Understanding (MOU)
This Memorandum of Understanding (MOU) is between the Ciry of Tigard
and Page Stevens, owner of Stevens Marine, Inc., in Tigard, Oregon. The
purpose of this MOU is to provide the basis for the development of an option
agreement for the potential purchase of properties referred to as "Stevens
Marine" in Downtown Tigard by the Ciry for use in conjunction with its
Urban Renewal Program.
The properties under consideration for sale and disposition in this agreement
by and between the two parties, Ciry of Tigard, the potential purchaser, and
Page Stevens, owner of Stevens Marine and related properties include:
1- 8180 SW Burnham St., Tigard 97223 (2.91 ac), Tax Lot # 2S102AC00200
2-9171 SW Burnham St., Tigard, 97223 (0.66 ac), Tax Lot #2S102AB05301
3-12360 SW Main St., Tigard, 97223 (0.58 ac), Tax Lot#2S102AB05302
Purpose of option agreement:
• To provide for the potential sale and disposition of properry owned by
Page Stevens (Stevens Marine) to the City of Tigard for use in conjunction
with its Downtown Urban Renewal Program. This MOU sets forth the
initial responsibilities to be included in an option agreement between Page
Stevens, owner of the Stevens Marine, Inc. property, and the City of
Tigard, the potential purchaser. Both parties enter into this MOU and the
option agreement on a voluntary basis.
• To identify the process to effect a sale between the properry owner, Page
Stevens, and the potential purchaser, the Ciry of Tigard.
Responsibilities:
The City of Tigard agree.r to:
• Obtain an initial appraisal of the properties to assist both parties in
planning and assessing the potential for a sale. Cost of the appraisal
will be paid by the City.
1. The results of the appraisal will be fully disclosed and made
available to both parties. Neither parry shall have the right
to disclose the results of the appraisal to other individuals or
Stevens Marine MOU
Page 1
organizations except those direcdy associated with the
business of each party.
• In good faith, to evaluate the properties for purchase as part of its
Downtown Urban Renewal Program.
• Communicate with Page Stevens, owner of Stevens Marine, in good
faith, its interest, concerns, and ability to effect a purchase of the
subject properties under the terms of an option agreement.
• To determine its ability to purchase one or more of the properties.
If at any time, the Ciry determines that it will not purchase one or
more of the properties, it shall prompdy notify the Owner of its
decision in writing, and that property shall by addendum be
removed from this agreement.
• Pay an amount to be determined for an option to purchase subject
properties under the terms of an option agreement.
Page Steven.r agrees to:
• In good faith, evaluate the opportunity to relocate the business
located at 8180 SW Burnham St., Tigard 97223 (2.91 ac), and
related storage located at 9171 SW Burnham St., Tigard, 97223
(0.66 ac), and 12360 SW Main St., Tigard, 97223 (0.58 ac) to a
location outside the City Center Urban Renewal District.
• Communicate with the City of Tigard, in good faith, his interest,
concerns, and ability to effect a sale of the subject properties under
the terms of this agreement.
• Not to advertise for sale or sell the properties to a party other than
the Ciry of Tigard for the life of the agreement or without the
express written authorization of the City.
In order to accomplish the purpo.re of this Memorandum of Understanding, both
parties agree to the folloaving:
1. By signing this memorandum of understanding, both parties
agree to incorporate its contents into an option agreement for
further consideration and execution.
Stevens Marine MOU
Page 2
2. The Ciry of Tigard shall have the sole right to purchase the
properties at 8180 SW Burnham St., Tigard 97223 (2.91 ac),
9171 SW Burnham St., Tigard, 97223 (0.66 ac), and 12360 SW
Main St., Tigard, 97223 (0.58 ac) for the term of the option
agreement, or as defined under a separate legal addendum or
agreement.
3. The term of the option agreement for purchase of the above
properties will be from the date of signing for a period of up to
three (3) years.
Execution:
The terms and conditions of this Memorandum of Understanding are ectzve upon
signing of both partze.r belozv.
Date:
Craig Prosser, City Manager
City of Tigard
Date:
Page Stevens, Owner Stevens Marine, Inc.
Stevens Marine MOU
Page 3
Agenda Item # /
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Presentation of the 2006 Outstandin Reuse Customer Award
Prepared By: Dennis Koellermeier Dept Head Approval: Ciry Mgr Approval: CP
ISSUE BEFORE THE COUNCIL
■ The City of Tigard was recently awarded the Pacific Northwest Clean Water Association's 2006
Outstanding Reuse Customer Award.
■ A representative from Clean Water Services (CWS) will present the award to the City.
STAFF RECOMMENDATION
Accept the award.
KEY FACTS AND INFORMATION SUMMARY
The term "reclaimed water" refers to wastewater that has been treated to meet stringent DEQ standards.
Reclaimed water costs less than drinking water, is not drawn from the drinking water system, and is
acceptable for uses where high-quality drinking water is not required. The practice of using reclaimed water
is known as "water reuse."
■ In 2000, the City began using reclaimed water from CWS' Durham wastewater treatment facility to
irrigate Cook Park.
■ Today, over 25 acres of the park are irrigated with reclaimed water.
■ By using reclaimed water, the City's overall water demand is reduced and the park can be irrigated even
when water conservation measures are in effect.
■ The City has a 50-year contract (1997 to 2047) with CWS to purchase the reclaimed water.
■ In 2005, the City purchased 14.26 million gallons of reclaimed water at a total cost of $1,140. When
compared to the wholesale cost of drinking water, the switch to reclaimed water saves City residents
over $20,000 a year.
■ As a result of the City's efforts to use reclaimed water, Clean Water Services nominated the City for the
Outstanding Reuse Customer Award. The City was notified it had received the award in September
2006.
OTHER ALTERNATIVES CONSIDERED
Not applicable.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard beyond Tomorrow, Urban & Public Services, Water & Stormwater
Goal #1: Actively participate in regional development of drinking water sources and adequate,
innovative funding mechanisms to develop those sources for Tigard users while exploring local
options for water reuse and groundwater source.
ATTACHMENT LIST
None.
FISCAL NOTES
No costs are associated with this award.
Agenda Item #
Meeting Date 11 1,28/06
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Tide Lea of Ore on Cities Safety, Award
Prepared By: Loreen Mtlls Pept Head Approval: City Mgr Approval:
ISSLJE BEFORE THE COUNCIL
Formally receive the 2005/06 Silver Safery Award pxesented to the City by League of Oregon Cities and City Counry
InsuYance Services.
STAFF RECOMMENDATION
Receive award.
KEY FACTS AND INFORMATION SUMMARY
The City of Tigaxd has been officially recognized by the League of Oregon Cities and City County Insurance
Services as demonstxating outstanding achievement in the area of safery. The Ciry was awarded the Silver Medal
Safety Award at the annual LOC Conference held in Pordand this fall.
Each year the League of Oregon Cities and the City/Counry Insurance Services, sponsor an annual safery awards
program. All Oregon cities that employ full-time employees were eligible to participate in the award program.
Tigard has won this awaYd for the 8`h year in a row. When compared to other cities with populations of 150+
employees, Tigard had the second lowest injury frequency rate.
City employees see safety as an important part of their job not only protect themselves but also Tigard citizens.
OTHER ALTERNATIVES CONSIDERED
N/A.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
N/A
ATTACHMENT LIST
N/A.
FISCAL NOTES
N/A
LomenWADOCS\Safety 8 HealthlSefety AwaM CCI Sum 11-28-06.doc
Agenda Item # ~
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Finalization of Sanitary Sewer Reimbursement District No. 32 (SW Fern Streetl
Prepared By: G. Be=Dept Head Approval: C~ City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall City Council finalize Sewer Reimbursement District No. 32, established to construct a sanitary sewer in SW Fern
Street?
STAFF RECOMMENDATION
Approve the proposed resolution finalizing Reimbursement District No. 32 as modified by the Final City Engineer's
Report.
KEY FACTS AND INFORMATION SUMMARY
• On May 25, 2004, the City Council approved an agreement with Washington County to include the sewer as part of
a project to improve SW Walnut Street between SW 1215C and 135`hAvenues through the Major Streets
Transportation Improvement Program.
• Council approved the formation of Reimbursement District No. 32 by Resolution No. 05-05 on January 25, 2005
following an informational hearing. One owner, asking several quesrions about the cost of the project, offered
public testimony during the heaxing. Since then, construction of the improvements has been completed and final
costs have been determuied. The City Engineer's Report has been revised accordingly. On November 9, 2006,
notices of the hearing to finalize the district were mailed to owners within the district. No responses to the notices
were received. During construction, owners generally supported the project but did not express any present
intention to connect to the sewer.
• Through the City's Neighborhood Sewer Extension Program, the City has installed public sewers to each lot within
the Reimbursement District. The property owners must reimburse the City for a fair share of the cost of the public
sewer at the time of connection to the sewer. In addirion, properry owners must pay a connecrion fee, currendy
$2,735, and are responsible for disconnecting the existing septic system according to County rules and any other
plumbing modifications necessary to connect to the public line. There is no requirement to connect to the sewer.
Owners will not be required to pay any fee until they choose to connect to the sewer.
• Each owner has been norified of the hearing by mail. The notice, mailing list and addirional details are included in
the Ciry Engineer's Report attached as Exhibit A to the proposed resolurion.
• If Council approves this request to finalize the Reimbursement District, owners within the district will be notified
that the sewer is available for connection.
OTHER ALTERNATIVES CONSIDERED
None.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
The project is part of the Citywide Sewer Extension Program established by City Council to provide sewer service to
developed but unserved residential areas in the City. It meets the Tigard Beyond Tomorrow Growth and Growth
Management goal of "Growth will be managed to protect the character and livability of established areas, protect the
natural environment and provide open space throughout the community." Sewer service enhances the environment and
protects the health of the residents by providing for the closure of septic systems 40 to 50 years old.
ATTACHMENT LIST
Attachment 1- Proposed Resolution
Exhibit A, City Engineer's Report
Exhibit B, Map
Attachment 2- Resolution No. 05-05 with Exhibits A, B(6 pages)
Attachment 3- Vicinity Map
Attachment 4- Notice to Owners
Attachment 5- Mailing List
Attachment 6- Resolution No. 01-46
Attachment 7- Resolution No. 03-55
FISCAL NOTES
The final cost of the project is $67,461. This amount includes the final cost of construction, $59,437.00, plus
$8,024.00 for administration and engineering as defined in TMC 13.09.040(1). The final cost is 2% higher than the
estimated cost of $66,003.
The portion of the final costs assigned to each owner is tabulated in Exhibit A of the attached proposed resolution.
The cost to each owner under the Incentive Program established by Resolution No. 01-46 is also shown.
Funding is by unrestricted sanitary sewer funds.
i:\eng\20062007 ty dp\walnut street - phase 3(by counry)Veimbursement distAct 324em street\dty coundRfinalize\17-28-06 reim dist 32 ais.doc
Attachment 2
CITY OF TIGARD, OREGON
RESOLUTION NO. OS- C>5_ . A RESOLUTION ESTABLISHNG SANITARY SEWER REIlV1BURSEMENT DISTRICT rd0. 32 (SW
FERN STREET)
WBEREAS, the Ciiy has initiated the Neighborhood Sewer Extension Program to extend public sewers and
recover costs through Rei.mbursenient Dislricts ui accordance with TMC Chapter 13.09; and
WIIEREAS, these properly owners have been notified of a public hearing in accordance wit7i TMC
13.09.060 and a pubiic *hearing was conducted in accordauce with TMC 13.09.050; and
WI-IEREAS, the City Engineer has submitted a report desci7Uing the improvements, the area to be included
in the Reinibursement District, the estimated costs, a method for spreadiug the cost atnong the parcels
within the District, and a recommen.dation £or ail annual fee adjustment; and .
WHEREAS, the City Couucil has deterinined tIiat the foiination of a Reunbtirseinent Disixzct as
recommended by the City Engineer is appropriate.
NOW, THEREFORE, BE TT RESOLVED Uy the Tigard City Council that:
SECTION 1 The Ciiy Engineer's report titled "Sanitary Sewer Reimbursement District- No. 32",
attached hereto as Exhibit A, is hereUy approved.
SECTION 2 A Reitnburseuient District is hereby establislied in accordauce witki TMC Chapter 13.09.
'I$e Distiict sha11 be the axea showu and desci7bed on Exlubit B. The District shall be
lcnown as "Sanitary Sewer Reimbursement District No. 32, SW Fer.o. SiTeet"
SECTION 3 Payment of the reimbtusement fee as shown in Exlubit A is a precondition of receiving
City pemiits applicable to developznent of each parcel withffi the Reimburseinent
Dzstrict as provided for in TMC 13.09.110.
SECTION 4 An annual fee adjushnent, at a rate recoinmended by the Finauce Diuector, shall be
applied to tlie Reunbursement Fee.
SECTION 5 The City Recorder shall ca.use a copy of tlus resolution to be filed in the offiee of the
County Recorder and shali mail a copy of this resolution to all affected properly owners
at tlleir last known address, in accordance with TMC 13.09.090.
SECTION 6 This resolution is effective upon passage.
&-h
PASSED: This day of 2005.
C
Mayor iiy of Tigard
A EST: Certifoed fo be a True Copy of . ~ ` . .
~ `City Recorder - City of Tigard OrESinal on file ~C • : -~:;r - ,
~ ~ , ~+,>t-'.. .'f.~y •`C j' r'° .
RESOLUTION NO.OS- ~ity ~€erorder - City af '~i rM;4''-°!
.
Page 1 ~i~ t~: a__-___l y• C~0 J•~ . a.~+
' Exhibit A
City Engineer's Report
Sanitary. Sewer.Reimbursement District No. 32
(SW Fern Street)
Backqround
This project will be constructed and funded under the City of Tigard Neighborhood
Sewer Extension Program (NSEP). Under the program the City of Tigard would instaU
public sewers to each lot within the project area. At the time the property owner
connects to the sewer, the owner would pay a connecfion fee, currently $2,535, and
reimburse the City for a fair share of the cost of the public sewer. There is no
requirement to connect to the sewer or pay any fee until connection is made. In
addition, property owners are responsible for disconnecting their existing septic system
according to Washington County ruies and for any other modifications necessary to
connect to the public sewer.
Proiect Area - Zone of Benefit. .
An exisfing line in Fern Street will be extended east to service five lots as sfiown on l-xhibit Map B.
. Cost
The.estimated cost for.the sanitary sewer construction to provide service to the five lots
is. $58,152. Engineering and inspecfion fees amount to $7,851 (13.5%) as defned in
TMC 13.09.040(1)_ The estimated total project cosf is $66,003. This is the estimated
amocant that should be reimbursed to the sanitary sewer fund as properties connect to
the sewer and pay their fair share of the tofal amount. However, the actuaf amount that
each property owner pays is subject to the City's incentive program for early
connections.
ln addition to sharing the cost of the public sewer line, each properly owner wiil be
_ required to pay an additional $2,535 connection and inspection fee when connection to
the public line is made. All owners will be responsible for all plumbing costs required for
work done on private property.
Reimbursement Rate
All properties are zoned R-4.5 but vary in lot size from 21,000 to 43,000 square feet as
can be seen in the following list of lots. Therefore, it is recommended that the totat cost
of fhis portion of the project be divided among the five properties proportional to fhe square footage of each property. .
Other reimbursement methods include dividing the cosf equa(Iy arnong the owners or
by the length of frontage of each property. These methods are not recommended
Engineer's Report~ Reimbursement District No.32 - Fem Street Page 1 of 4
. because there is no correlation between these methods and the cost of providing
service to each lot or the benefit to each (ot.
13620 SW Fern Street is a ffag !ot with an 8,003 square foot driveway which does no#
benefit from the sewer. This driveway area was deducted from the total lot area to
determine the estimated cost for this lot.
Each property owner's estimated fair share of the public sewer line is $0.35 per
square foot of the lot served. Each owner's fair share would be limited to $6,000,
to the extenf that it does not exceed $15,000, for connections completed within
three years of City Council approval of the final City Engineer's Report folfowing
construction in accordance with Resolution 01-46 (attached). In addition to
paying for the first $6,000, owners will remain responsible for paying all actual
costs that exceed $15,000. Upon request, payment of costs that exceed $15,000
may be deferred until the lot is developed as provided by Resolution 03-55
(attached).
Annual Fee Adiustment
TMC 93.09.115 states that an annual percentage rate shall be applied to each. property
owner's fair share of the sewer line costs on the anniversary date of the reimbursement .
agreeriment. The Finance Director has set the annual interest rate at 6.05% as:stated in
City of Tigard Resolution No. 98-22. ' Recommendation
It'is recommended thaf a re.imburserrtent district be formed wifh an annual fee ancrease
as indicated above and that the reimbursementdistrict cantinue for fifteen years as
provided in the Tigard Municipaf Code (TMC) 13.09.110(5). Fifteen years after the
formatian of the reimbursement district, properties connecting to the sewer would no
longer be required to pay the reimbursement fee.
Submitted January 11, 2005
Q~P
Ag in P. Duenas, P.E.
City ngineer
L5erg42DD4200.5 fy ctpiwahni[ strcet - phase 3(6y oouNYl~lmbursrmerd dlstrkt 32-fem slreellc9y ==WertrmtloMt•25-OS relm dlst 32 epoA app u.doe
Engineer's Rep ort, Reimbursement District No.32 - Fern Str'eet Page 2 of 4
' FERN STREET
' Reimbursement District No. 32
Esttmated Cosi to Property Owners
January 11, 2045
ESTIMATED
SITE ADDRESS TAX L07 ID AREA (S.F.) COST TO PAID BY PAID BY
OWNER PROPERN OWNER CITY
OWNER
1 HAVILAND, FtANDALL S TR & LEUEEN M 13625 SW FERN ST 2S1046D01300 21169.68925 $7,748 $6,000 $1,748
2 ROMAN, CATHOLIC ARCHBISHOP OF PORTLAND 13665 SW FERN 5T 2S1046D01400 22346.68844 $8,179 $6,000 $2,179
3 BENETfI, MARCO A& SALLY A 13650 SW FERN ST 2S1046D02100 48852.1919 $17,879 $8,879 $9,000
4 CIARKE, JOHN A& NANCY J 13620 SW FERN ST 2S7046D02300 43255.11633 $15,831 $6,831 $9,000
5 CLARKE, JONN A& NANCY J NO ADDRESS (FERN ST 2S104BD02902 44716.0566 $16,366 $7,366 $9,000
Totals 180340 $66,003 $35,076 $30,927
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FERN STREET
P Reimbursement District Na. 32
Estimafed Cost to Properly Owners
Summary
January 11, 2005
Estimated Construction Cost $50,567
15% contingency (cansfruc6on) $7,585
Estfmated construc6on subtotal $58,152
13.5% contingency (Admin & Eng) $7,851
total proJect costs $66,003
total area to be served (S.F.) 180,340
total cost per S.F. to property owner $0.36599023
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FERN STREET
SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #32
A PORTION OF THE NE 1/4 OF SECTION 4 T2S R1 W W.M.
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Attachment 4
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November 13, 2006
NOTICE
of
PUBLIC HEARING
Tuesday, November 28, 2006
7:30 PM
Tigard Civic Center
Town Hall
The following will be considered by the Tigard Ciry Council on November 28, 2006 at 7:30 PM at the Tigard
Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is
invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard
Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall
Blvd., Tigard, OR 97223, or by calling 503 718-2468.
INFORMATIONAL PUBLIC HEARING:
FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 32 (SW
Fern Street). The Tigaxd City Council will conduct a public hearing to hear testimony on the
finalization of Sanitary Sewer Reimbursement District No. 32 formed to install sewers in SW Fern
Street.
Each property owner's recommended fair share of the public sewer line is $0.37407729 per square foot
of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or less,
the owner's fair share would be limited to $6,000 for connections completed within three years of City
Council approval of the final City Engineer's Report following construction in accordance with
Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for
paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be
deferred until the lot is developed as provided by Resolution No. 03-55.
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2S104BD01300 2S104BD01400
HAVILAND, RANDALL S TR & LEUENN M ROMAN CATHOLIC ARCHBISHOP OF PORTLAND
13625 SW FERN ST 2838 E BURNSIDE
TIGARD OR 97223 PORTLAND OR 97219
2S104BD02100 2S104BD02300 & 02102
BENETTI, MARCO & SALLY CLARKE, JOHN & NANCY
13650 SW FERN ST 13620 SW FERN ST
TIGARD OR 97223 TIGARD OR 97223
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, Attachment 6
CITY OF TIGARD, OREGON
RESOLUTION NO. 01- 4(P
A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED
AND ENAANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE
PROGRAM
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement
District Incentive Progratn through Resolution No. 98-51 to encourage owners to connect to public sewer.
The program was offered for a two-year period after which the program would be evaluated for
continuation; and
WHEREAS, on September 26, 2000, the City Council exiended The Neighborhood Sewer Reimbursement
District Incentive Program an additional two years through Resolution No. 00-60; and
WHEREAS, City Council fixids that residential areas that remain without sewer service should be provided
with service within five years; and
WHEREAS, Council has directed that additional incenrives should be made available to encourage
owners to promptly connect to sewers once service is available and that owners who have paid for service
provided by previously established districts of the Neighborhood Sewer Extension Program should receive
the benefits of the additional incentives.
NOW, TFIEREFORE, BE IT RESOLVED by the Tigard City Council thate
SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbuisement District
Incentive Program is hereby repealed.
SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer
Extension Prograni. This incentive progranz shall apply to scwcr connections providcd
through the sewer reimbursement dishicts shown on the attached Table 1 or established
thereafter. All connections qualifying under this program must be completed within
three years after Council approval of the final City Engineer's Report following a
public hearing conducted in accordance with TMC Section 13.09.105 or by two years
from the date this resolution is passed, which ever is later, as shown on the attached
Table 1.
SECTION 3: To the extent that the reimbursement fee deternuned in accordance with Section
13.09.040 does nof exceed $15,000, the amount to be reimbursed by an owner of a lot
zoned single family residential shall not exceed $6,000 per connection, provided that the
lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be
reimbursed by the owner. This applies only to the reimbursement fee for the sewer
installation and not to the connection fee, which is still payable upon application for
RESOLUTION NO.Ol 'Y(P
Page 1
.
sewer connection.
SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions
of this incentive program. Residential lot owners who do not connect to sewer in
accordance with Section 2 shall pay the full reimbursement amount as deternuned by the
final City Engineer's Report.
SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is
entitled to reimbursement from the City. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to.
any person who is not an original payer. The Finance Director shall make payment to all
persons entitled to the refund no later than August 31, 2001.
SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer
. Reimbursement District Program, sha11 provide the funding for the installation costs
over $6,000 up to a maximum of $15,000 per connection.
EFFECTIVE DATE: July 10, 2001
PASSED: This day of 2001.
ayor Ci of ard
ATTEST:
i Recorder - City of ' ard
1:\0tywide\Res\Reso1ution Revising the Neighborhood Sewer Incentive Program
RESOLUTION NO.O1-C!
Page 2 .
TABLE 1
Reimbursement Districts wlth Refunds Available
DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS
TIGARD ST.No.8 5,193 No reimbursement available
FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available
HILLVIEW ST No.11 6,000 July 11, 2003
106TM & JOHNSON No.12 5,598 No reimbursement available
100T" & INEZ No.13 8.000 July 11,2003
WALNUT & TIEDEMAN No.14 8,000 July 11,2003
BEVELAND&HERMOSA No.15 5,036 No reimbursement available
DELMONTE No.16 8,000 July 11,2003
O'MARANo.17 8,000 July11,2003
'WALNUT & 121' No.16 - Amount to be reimburacd wili be Throo yoars from servica availability
. ROSE VISTA No.20 - determined once final costs are determined.
' Currently being constructed
Attachment 7
CITY OF TIGARD, OREGON
RESOLUTION NO. 03-. 55
A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD
SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.Ol - 46).
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood
Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to
connect to public sewer within three-years following construction of sewers; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners of large lots to promptly connect to sewers once service is available.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose
reimbursement fee exceeds $15,000 and wishes to connect a single family home or
duplex to a sewer constructed through a reimbursement disirict may defer payment of
the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of
Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance
with a land use pernut. The land use permit shall not be issued until payment of the
defened amount is made. The Annual Fee Adjustment required by TMC Section
13.09.115 shall not apply to payment of this deferred amount.
SECTION 2: Lots that qua]ify under Section 1, within reimbursement districts that have exceeded the
three-year period for connection, and have not connected to sewer can connect the
existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion
of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed
within one year after the effective date of this resolution.
SECTION 3: Vacant lots improved with a single family home or duplex during the term of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay
$6,000 if the fee exceeds that amount, and may defer payment of the portion of the
reimbursement fee that exceeds $15,000 as provided by Section 1.
SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developeci during the life of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay
a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time
of development. The Annual Fee Adjustrnent required by TMC Section 1109.115 shall
not apply to payments made under this section.
SECTION 5: The owner of any lot for which deferred payment is requested must enter into an
agreement with the City, on a form prepared by the City Engineer, acknowledging the
RESOLUTION NO. 03- 55
Page 1
owner's and owner's successors obligation to pay the deferred amount as described in
Section 1. The City Recorder shall cause the agreement to be filed in the office of the
County Recorder to provide notice to potential purchasers of the lot. The recording will
not create a lien. Failure to make such a recording shall not affect the obligation to pay
the deferred amount.
SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the
portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for
that amount from the City upon request. The amounts to be reimbursed and the persons
to be paid shall be deternuned by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. Any person requesting a refund must sign an
agreement similar to that described in Section 5 acknowledging the obligation to pay the
refunded amount upon partitioning or developing the lot.
SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood
Sewer Reimbursement District Program and shall provide the funding for the installation
costs over $6,000 up to a maximum of $15,000 per connection and for any defened
payment permitted by this resolution.
SECTION 8: This resolution is effective immediately upon passage.
~
PASSED: This ~ day of Q(,+p2¢n-- 2003.
Craig E. Dirksen, Council President
ATTEST:
. ..1
.it~tJ
City Recorder - City of Tigard
i:XenplprepVeimOursemrnt Clstrict5Vevisions res 01-18 aup 28 03bG 11 03 wundA1614-03 ad0itbn to res 1-46 res.doc
RESOLUTION NO. 03-
Page 2
' -`I-eimbursement District No. 32
Fern Street
Finalization of Sanitary Sewer
j~ Re,i,'~ bursement District No. 32
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Fern Street)
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November 28, 2006 ~ ~ ~ -'ty- • ~ ~
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' A e?' bursement District No. 32 z bursement District No. 32
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•:•The final construction cost based on actual
> District formed through Resolution No. OS-OS work quantities is $59,437
e• District includes sewer service to 5 lots 13.5% administrative and engineering costs
+ Part ofa project to improve SW Walnut Street aze added to the construction cost to obtain
between SW 121st and 135th Avenues through the total project cost
Major SVeets Transportation Improvement Program •:•Total projeCt Cost: $67,461
t• Project is completed and sewer can be made available •:•Project total estimated cost: $66,003
to the lots Final cost is 2% higher than the estimated cost
, ,
mbursement District No. 32 .tyReimbursement District No. 32
~%zral Costs " Zneentive Program
•a Reduced to $6,000 to the extent that it does not
❖ Total ProjeCt Cost exceed $15,000 if connection is made within three
•$67,461 years after service becomes available
• 5 lots served o Upon request, amounts over $15,000 may be
• Total area served: 180,340 square feet deferred until development occurs
. Reimbursement Fee (Per Owner) If all 5 lots connect within three years and request
deferrals, the property owners would pay $30,000
A$0374077 per square foot of lot served and the City $37,461
s 6
1
Reimbursement District No. 32 ~
~~•4,Vr~~itional Owner Costs Recommendation
o Each owner pays the following: ¢•'I'hat Council pass the resolution finalizing
A$2,735 connection and inspection fee, which funds Reimbursement District No. 32
treatment facility conswction
A $50 (average) service chazge per two months for (S W Fern Street)
operation and maintenance of the entire system ❖ Sewer will be made available upon
AAll costs to connect to the lateral installed through passage of the resolution
this pmject
, ,
2
AGENDA ITEM No. G Date: November 28, 2006
PUBLIC HEARING TESTIMOrJY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING (INFORMATIONAL) - FINALIZATION OF SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 32 (SW FERN STREET)
This is a City of Tigard public meeting, subject to the State of Oregon's public meetiiig and records laws. A11 written
and oral testimony become part of the public record. The names and addresses of persons who attend or participate in
City of Tigard public meetings will be included in the meeting minutes, which is a public record.
Due to Time Constraints City Council May Impose A Time Limit on Testimony
' AGENDA ITEM NO. 6
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and tecords laws. All written and oral testimony become part
of the public record. The names and addresses ofpersons who attend or parlrcipate in City of Tigard public meetings will be included in the meeting
minutes, which is a public record.
Proponent (Speaking in Favor) Opponent (Spealflng A,gainst) Neuual
NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE
Please Print Please Print Please Print
Name: Name: Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer
pronounce:
Address Address
City City Address
State Zip State Zip City
Phone No. Phone No. State Zip
Phone No. Name: Name: Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officex
pronounce:
Address Address
City City Address
State Zip State Zip City
Phone No. Phone No. State Zip
Phone No.
Agenda Item # ~
Meeting Date November 28,- 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Finalization of Sanitary Sewer Reimbursement District No. 36 (SW 93`d Avenue)_
Prepared By: G. Berr~ Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall City Council approve a resolution finalizing Sanitary Sewer Reimbursement District No. 36 established to
construct sanitary sewers in SW 93d Avenue?
STAFF RECOMMENDATION
Approve the proposed resolution finalizing Reimbursement District No. 36 as modified by the Final City Engineer's
Report.
KEY FACTS AND INFORMATION SUMMARY
• Council approved the formation of Reimbursement District No. 36 by Resolution No. 06-16 on March 28, 2006
following an informarional hearing. One owner asked questions during the hearing. Since then, construcrion of the
improvements has been completed and final costs have been determined. The City Engineer's Report has been
revised accordingly. On November 9, 2006, notices of the hearing to finalize the district wexe mailed to owners
within the district. No responses to the notices were received. One owner has expressed an intention to
immediately connect to the sewer and has requested deferral of payment of a portion of the reimbursement fee as
provided by the Incentive Program.
• Through the City's Neighborhood Sewer Extension Program, the City has installed public sewers to each lot within
the Reimbursement District. The property owners must reimburse the City for a fair share of the cost of the public
sewer at the time of connection to the sewer. In addition, property owners must pay a connection fee, currendy
$2,735, and are responsible for disconnecting the existing sepric system according to Counry rules and any other
plumbing modifications necessary to connect to the public line. The sewer connections are available should
property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer.
• Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in
the City Engineer's Report attached as Exhibit A to the proposed resolution.
• If Council approves this request to finalize the Reimbursement District, owners within the district will be notified
that the sewer is available for connection.
OTHER ALTERNATIVES CONSIDERED
None
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
The project is part of the Citywide Sewer Extension Program established by City Council to provide sewer service to
developed but unserved residential areas in the City. It meets the Tigard Beyond Tomorrow Growth and Growth
Management goal of "Growth will be managed to protect the character and livability of established areas, protect the
natural environment and provide open space throughout the community." Sewer service enhances the environment
and protects the health of the residents by providing for the closure of septic systems 40 to 50 yeaxs old.
ATTACHMENT LIST
Attachment 1- Proposed Resolution
Exhibit A, City Engineer's Report
Exhibit B, Map
Attachment 2- Resolution No. 06-16 with Exhibits A, B(10 pages)
Attachment 3- Vicinity Map
Attachment 4- Notice to Owners
Attachment 5- Mailing List
Attachment 6- Resolution No. 01-46
Attachment 7- Resolution No. 03-55
FISCAL NOTES
The final actual cost of the project is $514,800.82. This amount includes the final cost of construction, $453,569.00,
plus $61,231.82 for administration and engineering as defined in TMC 13.09.040(1). The project was estimated to
have a total cost of $566,305, 10% higher than the actual cost.
The construction contract was awarded for $472,212.00, $18,643.00 more than the final cost of construction. The
difference was the result of actual work quantities differing from the estimated woxk quantities. Thexe were no other
changes to the contract.
The portion of the final costs assigned to each owner is tabulated in Exhibit A of the attached proposed resolution.
The cost to each owner under the Incentive Program established by Resolution No. 01-46 is also shown.
Funding is by unrestricted sanitary sewer funds.
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Attachment 2
CITY OF TIGARD, OREGON -
TIGARD CITY COUNCIL
RESOLUTION NO.O6-_R12
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO.
36 (SW 93RD AVENUE)
WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public
sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09;
and
WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 36 (SW
93rd Street) haue been notified of a public hearing in accordance with TMC 13.09.060 and a public
hearing wa's conducted in accordance with TMC 13.09.050; and
WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be
included in the Reimbursement District, the estimated costs, a method for spreading the cost among
the parcels within the District, and a recommendation for an annual fee adjustment; and
WHEREAS, the Ciry Council has detennined that the formation of a Reimbursement District as
recommended by the City Engineer is appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Tigard Ciry Council that
SECTION 1 The Ciry Engineer's report tided "Sanitary Sewer Reimbursement District No. 36,"
attached hereto as Exhibit A, is hereby approved.
SEC7'ION 2 A Reimbursement District is hereby established in accordance with TMC Ghapter
13.09. The District shall be the area shown and described in Exh.ibit B. The District
shall be known as "Sanitary Sewer Reimbursement District No. 36, SW 93rd
Avenue."
SECT'ION 3 Payment of the reimbursement fee, as shown in Exhibit A, is a precondition of
receiving Ciry pern-uts applicable to development of each parcel within the
Reimbursement District as provided for in TMC 13.09.110.
SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be
applied to the Reimbursement Fee.
SECTION 5 The Ciry Recorder shall cause a copy of this resolution to be filed in the office of the
County Recorder and shall mail a copy of this resolution to all affected properry
owners at their last known address, in accordance with TMC 13.09.090.
RESOLUTION NO.OG -
Page 1
• SECTION 6 This resolution is effective immediately upon passage.
PASSED: This. day of`~ 2006.
~
Mayor - Aty of Tigard
AT'I'EST: "
r~?
City Recorder - City of.Tigard
. Certified to be a true copy of the Orzginal on file at City of
Tigar City Ha!!. "
By r ~ -yaoLc~
City Kecorder, City of Tigard Date ~
RESOLUTION NO.O6 -
Page 2
EkMbit A
Ciry Engineer's Report
Sanitary Sewer Reimbursement Distxict No. 36
(SW 93rd Avenue)
Background
This project will be constructed and funded under the Ciry of Tigard Neighborhood Sewer
Extension Ptogtam (NSEP). Under the progratn, the City of Tigard would install public
sewers to each lot within the project area. At the time the property owner connects to the
sewer, the owner would pay a connection fee, currently $2,635, and reimburse the Ciry for a
fair share of the cost of the public sewex. There is no requirement to connect to the sewer
or pap any fee until connection is made. In addition, properry owners are responsible for
disconnecting their egisting septic systems according to Washington County rules and for
anp other modifications necessary to connect to the public sewer.
Project Area - Zone of Benefit
Serving the toventy eight lots in the following table will require the extension of an egisting
sewer in SW McDonald Street south to Ekose Court and Mountain View Lane. Two of
houses on Elrose Court are too low to be provided with gravity service to the basements.
Using customary methods, the sewei cannot be installed at a sufficient depth to serve the
basements of houses at 9195 and 9225 SW Eltose Court To avoid egcessive costs, the
proposed sewex will only provide service to the upper floors of the houses. If an owner
chooses to connect to the sewer, service to the basement will require pumping. Another
option is to seive the upper floor with the sewer and continue to use the septic system to
serve the basement. These two owners have been notified of this service limitation. ~
The pioposed project would provide sewer sexvice to a total of twenty eight lots as shown .
on Eghibit Map B.
Cost
The estixnated cost for the sanitaty sewex construction to provide service to the twenry eight lots is $498,947. Engineering and inspection fees amount to $67,358 (13.5%) as defined in
TMC 13.09.040(1). The estimated total project cost is $566,305. This is the estirnated
amount that should be reimbursed to the sanitary sewer fund as properties connect to the
sewer and pay their fair share of the total amount. However, the actual amount that each
pxopexty ownex pays is subject to the City's incentive program for early connections.
In addition to sharing the cost of the public sewer line, each pxoperty owner will be required
to pay a connection and inspection fee, currendy $2,635, upon connection to the public line.
All ownexs will be responsible for all plumbing costs required for work done on private
propexty.
Exhibit A Page 1 of 4
Reimbursement Rate
All .properties are zoned R-4.5 but vary in lot size from about fifteen thousand to twenty
seven thousand square feet as can be seen in the. following list of lots. Therefore, it is .
Yecommended that the total cost of the project be divided among the properties
proportional to the square footage of each pxoperty.
Other reimbursement methods include dividing the cost equally among the owners ot by the length of frontage of each property. These methods a.re not recommended because there is
no conelation between these methods and the cost of providing service to each lot or the
benefit to each lot.
Each properry owner's estimated fair share of the public sewet line is $1.16044 per
square foot of lot served. Each ownees fair share would be limited to $6,000, to the
extent that it does not exceed $15,000, for connections completed within three years
of City Council approval of the final City Engineer's Report following. construction in
accordance with Resolution No. 01-46 (attached). In addition to paying for the first
$6,000, owners wiIl remain responsible for paying all actual costs that exceed $15,000.
Upon request, payment of costs that exceed $15,000 may be deferred until the lot is
developed, as provided by Resolution No. 03-55 (attached).
Annual Fee Adjustment
TMC 13.09.115 states that an annual percentage rate shall be applied to each property
owner's fair shate of the sewex line costs on the anniversary date of the reimbursement "
agreement The Finance Director has set the annual ittterest rate at 6.05% as stated in City
of Tigard Resolution No. 98-22. :
Recommendation
It is recommended that a reimbuxsement distdct be formed with an annual fee incxease as indicated above and that the reimbursement district continue fot fifteen years as provided in
Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the
reimbursement distdct, properties connecting to the sewer would no longer be =equired to
pay the revnbutsement fee.
Submitted March 14, 2006
tin P. Duenas, P.E.
Ci ngineer
I:lengl2005-2I1W y dpl93N are s reimb dst 361dry counal fortretioM283-06 rdm dl9 36 repoh app a.Ex
Exhibit A Page 2 of 4
93xd AVENUE
Reimbursement District No. 36
' CasrFutimate `
Februxry 24, 20D6 ~
TOTAL '
PAID HY CI1'Y ~
OWNBH SI1B ADDRESS TAX LOT ID AREA (S.F.) fiS17MA1'ED OVIN
' COST
j
1 AI.LEE ANGELA F &]ACK C 9265 S\C' MOUNTAIN VIEW 2S171AA02WO 172220.743 $19,984 $10,984 $9,000
' 2 ANDRAllEJORGi•: 921-5 SW ELROSi:Cl' 2S117AA01201 ?~7G2417 S26,415 $17,415 $9,000
3 BP.ARD JOHN D& LYNN C CO-TRS 9230 S\V ELROSr Cf 2511]AB01700 16683516 $79,759 $10,159 59,000
4 CAUFIHLDI.ARRYT.ecJUllITHM 91455W MOU'NTAINVIE\' ' 25t11A17023fN1 15098.567 $17.521 $8.521 $9,Op(1
5 CRAVEiN RICHARD GARL & h1ARY 9170 S\4' ELROSF C7' 3S111AH01500 19351.052 S22,439 873,459 59.000
' GFTNCK \G'ILC,tAt.f R Jc MARILYN p-35 S\4' MOUNTAiN VIE\C% 2S111AB02100 15099365 $17,52 g8,523 $9,000
7 GERSPAC.lillL1NEJCANNINE 14200S\4'93RDAVL 2S]iL1B019(10 15391.94 $17.745 $8,745 S9,000
' A GOODHOUSE JOHN JAY 9315 SlC' b10UNTAIN VIE\C% 2S171AB02900 18642.779 S27,634 $12,634 59,000
9 GR]PTIN CbllUtLFS R AND BARDARA K 14175 S\V 931tD AVG 2S771ALt03000 17133.72 $19,t183 $10.883 $7,0OU
~
10 HERN MiCHIKO 93-I0 S\G MOUNTAIN VIE~ti 2S771ABD2400 15000.065 517,407 Se,407 $7,000
~
11 JOHNSON HELEN M 9190 SR' MOUNTAIN ViGW 3S311A➢03601 15043.5 $17,457 $8,457 87,000
13 KLIiEMPKTiRiC1lARDC:&ROSE.MARY 93$0 SW MUUNTAINVIL'W 3S117AD03500 15370.039 517,836 58,836 $9,000
13 LINDSAY ROY L& CHARhfAINE C TR 9185 $k[I MOUNTAINVILR' 2.S111AB0200 1 i(197.979 517,520 E8,520 57.00(1
'~?,3G1 $7,Otlp i
14 R1AD150NJEFFRHYAU.AN&SUSAN 9033 SR~MOUNTAiNVIE\V ?S113AB(1U201 ?705339 537,361 $
15 MELI.AND qRViLLE E AND LOIS M 9120 SlF' MOUNTATN VIE\V 2S11tAB03701 1743R.034 $20r236 S11?36 $9.000
16 OGAURN HELE.NE N 140805W 93WJ AVP. ?St11AIS01000 2701334 526,344 517.344 $9,000 ~
77 OSHIMADANIELK,WATfMAN&MARIAN 91505WA10UNTAiNVIL•lC! 2S111AIi03602 15418.979 $17,461 $8,464 $9,000
18 PE'TRIN JE.KODIE ALGX & BAILBARA 9105 SlV b10UNTNN Vli:\C' 2S111AA00403 17642.877 $20,706 $71,706 89.W0
19 R]CHARDSJONEI.LF. M 14170S1V 93RD AVti 7S111AA018110 15556.675 818,053 $9,053 591WL)
20 SC140U1.kzR DAVID K 9420 SW MOUNTAIN V1E\C 7S111AB02600 15101.75 $17,525 58,525 $9,000
31 SCFAti'ARZCHARI.PS & DIZNEY 14135 SW 93RD AVE 2Sll7AB0370D 15745.921 $18-272 $9,272 $9,000
32 SCHWARZER GERTRUll E& PGThJR H 9330 SW MCDONAI.I) ST 2SillAk3033W 35043.0(K1 829,061 $20,061 $9,0()0
23 SHROCK\X'AT_TfiR W&'I'RUSTf•:fiS 9d35S1C~ MOUN7'r1tN VIE~~' ?S111AB027W 7i15U.467 $17,58] $8,587 $9,Ob0
. 24 SMCl'Fl]ANEATRUS'1'L7E 92WSW Ei,ROtiEC1' 2S111All01600 76935.741 $19.653 $10,653 $9,0(NI
, 35 S"1'EINERJOiNTLIVINGTRU57 9165 SWELRpSEC1 2St11ABO1400 15256928 817,705 $8.705 $9,000
26 VOLK VIRG]I, V RU'1'H 9385 SN MOUN'1'AIN VIE V' 2S1llAB028W 15451.783 $17,931 S9,931 $9,000
27 \YEISFIEITHF.NRY86cBAR7'OL.EMEA 9080 S1L'MOUN7'NNVILiU' 2S11fAB03702 16&48,257 817.203 $10r03 $9,0OQ
28 WILL.IAMS FAMILY TRUST 9195 S1V F..TApSE CT' 2S111AB01300 19362.333 $22,469 813.46I $9,000 i
i
Totale 488007 $566,305 $314,305 $752,000
PROJSCT TOTAL (Cast to Ownere + Cost to City) = $$66,305
~
P
93nn.a.trt~:m,r,~,p,«, agc3oE 4 ;
93rd AVENUE
Reimbwrsement District No. 36
Cost Esrrmate Summary
Februarp24, 2006
Estimated Construction Cost $433,867
15% contingency (consttuction) $65,080 '
.
Estimated construction subcotal $498,947
13.5/o contin enc :~dmin & En $67,358 °
o :
total project costs $566,305 '
total area to be served S.F. 488,007
_
total cost er S.F. $1.16044442
The "Paid by Ownex" column shows the estimated fee each owner is required to pay to connect to the sewer. ;
There are no requisements to connect to the sewer ox pay any fees until the owner decides to connect to the '
sewer. The final reimbursement fee wiU be determined once the construction is complete and final costs are
determined.
The amount each properry owner wiU be required to pay wiU be limited to $6,000 for connections completed ~
within three years of City Council approval of the final Ciry Engineer's Report following construction, in
accordance with Resolution 01-46. This amount is shown in the "Paid by Owner" column. The remauung
portion of the teunbursement fee that the owner wiU not be requixed to pay during this three year period is
shown in the "paid by city" column. .
Please note that Resolution 01-46 also requises the owner to pay any faiY share amounts that exceed $15,000.
Consequendy, if the final faix share for an owner exceeds $15,000, the owner would Ue required to pay $6,000
plus the amount the fair share exceeds $15,000. Under Resolution 03-55, payment of the atnount in excess of
: $15,000 may be deferred until the owner's lot is developed.
The owner would also be iequired to pay a connection fee, currendy $2,635, at the tune o£ connection to the
sewer. In addition, property owners are responsible for disconnecting their existing septic systein according to
Washington County rules and for any other modifications necessary to connect to the public sewer.
Page 4 of 4
t:\Exc\2ro;-?aw r1• cIr\93xu ave sS edu„n ui~~ w\9siin n~~o rt~~mb i~y a~+.r1,
93RD AVE & MOUNTAIN V{EW LN FY 2005-06 SANITARY SEWER EXTENSTION PROGRAM
REIMBURSEMENT DISTRICT #36
A PORTION OF THE NE 1/4 OF SECTION 11 T2S R1 W W.M.
~ z --==M SEE EXHIBIT B (P2)
Z~o
V ~QoQ)p pC)~
OGBURN, HELENE vWi ~dc m v~ m
1 4 0 8 0 9 3 R 0 A VE 0 o - Q
2S111AB01000 W i° N o
N
V)
~
o ~
'a 93RD AVE `a
z m
U
~
~ Lw Wo W W~ Z .
TLQ p~ Qq"~ ~v
SCHWARZER, GERTRUD ~
& PErER
9330 MCOQNALD ST Z m°' e
2S111 AB03200 ~ h (n
NOTE:
All properties in the reimbursement EXHIBIT B(pl ) :
district are zoned R4.5 NTS
93RD AVE & MOUNTAIN VIEW LN FY 2005-06 SANITARY SEWER EXTENSTION PROGRAM .
REIMBURSEMENT DISTRICT #36 .
A PORTION OF THE NE 1/4 OF SECTION 11 T2S R1 W W.M.
1 ~
. N oLLiN
" E 0
5 oW~ 4
r- ZcvN ~
v Q Q)
STE/NER JOIN LlING rRUST
m 9165 EL OSE CT
m 25111 AB01400 25111 AB00402
= ELROSE CT
x
W
W
N v o CRA I/EN, ICHARD :
z p & M RY
Q)zoo Q vo 9170 EL SE CT
~ J~ m W~ W~ 25111 AB01500 5111 AB00401
~
Q~o = >~6 m :
~
~JQ
N
NOTE:
All properfiies in the reimbursement district are zoned R4.5 EXHIBIT B(p2,~
NTS
93RD AVE & MOUNTAIN VIEW LN '
FY 2005-06 SANITARY SEWER EXTENSTION PROGRAM
REIMBURSEMENT DISTRICT #36
A PORTION 4F THE NE 1/4 OF SECTION 11 T2S R1 W W.M. :
SeE fxHlg~T e
b ~ o ~ o (p,,
N J ~~IO .
m GOODHOUSE, JOHN
9345 MTN 1/IEW ~LO ~ 2S111 AB02900 Q
N
~
oMi ALLEE, ANGELA
MTN VIEW LN & JACK ;
9265 M TN l/lEW
o O 2S1 1 1AB02000 a
~
Y, y~ m
m ~ ~ ~ MTN VIEW LN ;
-~~Q p~' ~R _
IZ,
=~cn `eNQ~
~o~~~~~ Zo~iN N
~
NOTE:
All properties in the reimbursement EXHIBIT B(p3) district are zoned R4.5 NTS ~
C; D Z SEE EXHIBIT B(P3)
O
0. p ~
~ m FINCK, WILUAM
& MARIL YN
N° 9235 M TN VIEW
° 2S111 A802 100
~
~ 3 JOHNSON, HELEN ~ D
~ 1D 9190 MTN 1/lEW Z ~
2S111AB03601 LINDSAY, ROY ~ ~
~ m & CHARMAINE ~ N
9185 MTN l/!EW O
N ~ 2S111 AB02200 Z Ul
~ OSHIMA, DANIEL & Z 0 o ~
~ WA TTMAN, MARIAN
9750 MTN VIEW CAUFIELD, LARRY = m~ 0
2S111AB03602 & JUDITH ~ ~
X 9145 MTN VIEW m~_Z-..~ C
= 2S111AB02300 Uy D ~
MELLAND, OR t/ILLE ~ ~ < pp
co
z & LOIS ~
q 9120 M lN VIEW ZM~
°D 2S111AB03701 PETRIN, JEROME O-i * O
& BARBARA o Mz
~ 9105 MTN VIEW
WEISHEI T, HENR Y 2S111 AB00403 n -i r*~ 3-'
& BARTOLEMEA -a ~ X Z
9080 MTN VIEW O~m C
2S111 AB03702 z z ~
~o~
--i zz
N
U)
;;u O
~
MADISON, JEFFREY D 9033 MTN VIEW ~ 90TH AVE 2s1 1 1Aeoo201 ~
~ .
rr, rz
z cn
~
D
~
v
Attachment ~ .
A
93RD AVENUE & MOUNTAIN VIEW N PROGRAM
FY 2005-06 SANITARY SEWER EXT No IO36
REIMBURSEMENT DISTRICT 2 T2S R1 W W.M.
A PORTION OF THE SW 1/4 SECTION
MCDONALD ST
W
¢
ELROSE CT
C) J
N
~
MTN 1/lEW LN
MTN 1/!EW LN
W
Q GREENSWARD LN
M N lEW ~
T RA E ~
rn
VICINiTY MAP
Attachment 4
November 13, 2006
NOTICE
of
PUBLIC HEARING
Tuesday, November 28, 2006
7:30 PM
Tigard Civic Center
Town Hall
The following will be considered by the Tigard Ciry Council on November 28, 2006 at 7:30 PM at
the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and
written testimony is invited. The public hearing on this matter will be conducted as required by
Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the
Engineering Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468.
INFORMATIONAL PUBLIC HEARING:
FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 36 (SW
93rd Avenue). The Tigard City Council will conduct a public hearing to hear testtmony on the
finalization of Sanitary Sewer Reimbursement District No. 36 formed to install sewers in SW 93rd
Avenue.
Each property owner's recommended fair share of the public sewer line is $1.054905 per square foot
of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or
less, the owner's fair share would be limited to $6,000 for connections completed within three years
of City Council approval of the final City Engineer's Report following construction in accordance
with Resolution No. 01- 46. In addition to paying for the ftrst $6,000, owners will remain
responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed
$15,000 may be deferred until the lot is developed as pxovided by Resolution No. 03-55.
i:\eng\2005-20061y dp193rd ave ss reimb dist Mdry coundl finalization\11-28-06 reim dist 36 notice 3.GOc
2S11AB02000 2S111AB01201
ALLEE ANGELA F& JACK C ANDRADE JORGE SR
9265 SW MOUNTAIN VIEW LN 9225 SW ELROSE CT
TIGARD OR 97224 TIGARD OR 97224
2S111AB01700 2S111AB02300
BEARD JOHN D& LYNN C CO-TRS CAUFIELD LARRY L& JUDITH M
9230 SW ELROSE CT 9145 SW MOUNTAIN VIEW LN
TIGARD OR 97224 TIGARD OR 97224
2S111AB01500 2S111AB02100
CRAVEN RICHARD EARL FINCK WILLIAM R& MARILYN
9170 SW ELROSE CT 9235 SW MOUNTAIN VIEW LN
TIGARD OR 97224 TIGARD OR 97223
2S111AB01900 2S111AB02900
GERSPACH DIANE JEANNINE GOODHOUSE JOHN JAY
14200 SW 93RD 9345 SW MOUNTAIN VIEW LN
TIGARD OR 97224 TIGARD OR 97224
2S111AB03000 2S111AB02400
GRIFFIN CHARLES R AND BARBAR.A K HERN MICHIKO
14175 SW 93RD AVE 9340 SW MOUNTAIN VIEW LN
TIGARD OR 97224 TIGARD OR 97224
2S111AB03601 2S111AB02500
JOHNSON HELEN M KLUEMPKE RICHARD G
9190 SW MOUNTAIN VIEW LN 9380 SW MOUNTAIN VIEW LN
TIGARD OR 97224 TIGARD OR 97223
2S111AB02200 2S111AB00201
LINDSAY ROY L& CHARMAINE C TR MADISON JEFFREY ALLAN
9185 SW MOUNTAIN VIEW LN 9033 SW MOUNTAIN VIEW LN
TIGARD OR 97224 TIGARD OR 97224
2S111AB03701 2S111AB01000
MELLAND ORVILLE E AND LOIS M OGBURN HELENE N
9120 SW MOUNTAIN VIEW LN 14080 SW 93RD AVE
TIGARD OR 97224 TIGARD OR 97224
2S111AB03602 2S111AB00403
OSHIMA DANIEL K PETRIN JEROME ALEX
9150 SW MOUNTAIN VIEW LN 9105 SW MTN VIEW LN
TIGARD OR 97224 TIGARD OR 97224
2S111AB01800 2S111AB02600
RICHARDS JONELLE M SCHOOLER DAVID K
14170 SW 93RD AVE 9420 SW MOUNTAIN VIEW LN
TIGARD OR 97224 TIGARD OR 97223
2S111AB03100 2S111AB03200
SCHWARZ CHARLES SCHWARZER GERTRUD E& PETER H
14135 SW 93RD AVE 9330 SW MCDONALD
TIGARD OR 97224 TIGARD OR 97224
2S111AB02700 2S111AB01600
SHROCK WALTER W SMITH JANE A TRUSTEE
9425 SW MOUNTAIN VIEW LN 9200 SW ELROSE CT
TIGARD OR 97224 TIGARD OR 97223
2S111AB01400 2S111AB02800
STEINER JOINT LIVING TRUST VOLK VIRGIL V RUTH
9165 SW ELROSE 9385 SW MOUNTAIN VIEW LN
TIGARD OR 97223 TIGARD OR 97223
2S111AB03702 2S111AB01300
WEISHEIT HENRY B WILLIAMS FAMILY TRUST
9080 SW MOUNTAIN VIEW LN 9195 SW ELROSE CT
TIGARD OR 97224 TIGARD OR 97224
Attaclunent 6
CITY OF TIGARD, OREGON
RESOLUTION NO.Ol-
A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED
AND ENAANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE
, PROGRAM
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Dishicts in accordance with TMC Chapter 13.09; and
WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement
District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer.
The prograin was offered for a two-yeaz period after which the program would be evaluated for
continuation; and
WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement
District Incentive Program an additional two years through Resolution No. 00-60; and
WHEREAS, City Council finds that residential azeasthat remain without sewer service should be provided
with service within five years; and
WMREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service
provided by previously established districts of the Neighborhood Sewer Extension Program should receive
the benefits of the addirional incentives.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District
Incentiva Program is hereby repealed.
SECTION 2: A revised incentive pmgram is hereby established for the Neighborhood Sewer
Extension Progranl. This incentivc prograni shall apply to scwcr connections providcd
through the sewer reimbursement districts shown on the attached Table 1 or established
thereafter. All connections qualifying under this program must be completed within
three years after Council approval of the final City Engineer's Report following a
public hearing conducted in accordance with TMC Section 13.09.105 or by two years
from the date this resolution is passed, which ever is later, as shown on the attached
Table 1.
SEGTION 3: To the extent that the reimbursement fee deterniined in accordance with 5ection
13.09.040 does nof exceed $15,000, the amount to be reimbursed by an owner of a lot
zoned single fanuly residential shall not exceed $6,000 per connection, provided that the
lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be
reimbursed by the owner. This applies only to the reimbursement fee for the sewer
installation and not to the connection fee, which is still payable upon application for
RESOLUTION NO.O14(p
Page 1
~
sewer connection.
SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions
of this incentive program. Residential lot owners who do not connect to sewer in
accordance with Section 2 shall pay the full reimbursement amount as determined by the
final City Engineer's Report.
SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is
entitled to reimbursement from the City. The amounts to be reimbursed and the persons
to be paid shall be detemiined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to.
any person who is not an original payer. The Finance Director shall make payment to all
persons entitled to the refund no later than August 31, 2001.
SECTION 6: The Sanitary 5ewer Fund, which is the funding source for the Neighborhood Sewer
Reimbursement District Program, shall provide the funding for the installation costs
over $6,000 up to a maximum of $15,000 per connecrion.
EFFECTIVE DATE: July 10, 2001
PASSED: This ~ d- day of 2001.
ayor Ci of ' ard
ATTEST:
i Recorder - City of ' ard
I:\Citywide\Rrs\Resolution Revising the Neighborhood Sewer Incentive Program
RESOLUTION NO.O1
Page 2 .
TABLE 1
Reimbursement Dfstrtcts wlth Refunds Available
DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS
TIGARD ST.No.8 5,193 No reimbursement available
FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available
HILLVIEW ST N0.1 1 8,000 July 11, 2003
106T" & JOHNSON No.12 5,598 No reimbursement available
100' & INEZ No.13 5.000 July 11,2003
WALNUT & TIEDEMAN No.14 5,000 July 11,2003
BEVELAND&HERMOSA No.15 5,036 No reimbursement available
DELMONTE No.16 5,000 July 11,2003
O'MARA No.17 8,000 July 11,2003
WALNUT & 121~r No.10 - Amount to bo reimburaed will be Throo years from service availability
ROSE VISTA No20 determined once final costs are determined.
' Currently being constructed
Attachment 7
CITY OF TIGARD, OREGON
- RESOLUTION NO. 03-.55
A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD
SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 01- 46).
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood
Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to
connect to public sewer within three-years following construction of sewers; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners of large lots to promptly connect to sewers once service is available.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose
reimbursement fee exceeds $15,000 and wishes to connect a single family home or
duplex to a sewer constructed through a reimbursement district may defer payment of
the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of
Resolution No. 0 1-46, until the lot is partitioned or otherwise developed in accordance
with a land use permit. The land use permit shall not be issued until payment of the
deferred amount is made. The Annual Fee Adjustment required by TMC Section
13.09.115 shall not apply to payment of this deferred amount.
SECTION 2: Lots that qualify under Section l, within reimbursement districts that have exceeded the
three-year period for connection, and have not connected to sewer can connect the
existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion
of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed
within one year after the effective date of this resolution.
SECTION 3: Vacant lots improved with a single family home or duplex during the term of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay
$6,000 if the fee exceeds that amount, and may defer payment of the portion of the
reimbursement fee that exceeds $15,000 as provided by Section 1.
SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay
a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time
of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall
not apply to payments made under this section.
SECTION 5: The owner of any lot for which deferred payment is requested must enter into an
agreement with the City, on a form prepared by the City Engineer, acknowledging the
RESOLUTION NO. 03- 5,!~
Page 1
owner's and owner's successors obligation to pay the deferred amount as described in
Section 1. The City Recorder shall cause the agreement to be filed in the office of the
County Recorder to provide notice to potential purchasers of the lot. The recording will
not create a lien. Failure to make such a recording shall not affect the obligation to pay
the deferred amount.
SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the
portion of the reunbursement fee in excess of $15,000 is entitled to reimbursement for
that amount from the City upon request. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. Any person requesting a refund must sign an
agreement similar to that described in Section 5 acknowledging the obligation to pay the
refunded amount upon partitioning or developing the lot.
SECTION 7: The Sanitary Sewer Fund continues to r.emain the funding source for the Neighborhood
Sewer Reimbursement District Program and shall provide the funding for the installation
costs over $6,000 up to a maximum of $15,000 per connection and for any deferred
payment permitted by this resolution.
SECTION 8: This resolution is effective immediately upon passage.
~t
PASSED: This day of QL+o2¢n-- 2003.
eity
Craig E. Dirksen, Council President
ATTEST:
~ -
City Recorder - City of Tigard
F.4rp%preplreimDursement dislrids\rr+isbns res Ot-IB aup 26 03bq 14 03 mundhtO14-0J ad0ition m res 1-46 res.doc
RESOLUTION NO. 03-
Page 2
♦a
~bursement District No. 36
,;'Finalization of Sanitary Sewer
x~Re,i~~J bursement District No. 36 ti District formed through Resolution No. 06-16
°SrVV 93'd Avenue) ti District includes sewer service to 28 lots
Project is completed and sewer can be made
November 28, 2006 available to the lots
~ ,
eimbursement District No. 36
~ S~~ 93rd Avenue ~ bursement District No. 36
o+The final construction cost based on actual
~°°~'n work quantities is $453,569
_ 13.5% administrative and engineering costs
28 aze added to the construction cost to obtain
lots total project cost
. .
ti-Total project cost: $514,800.82
, ~ ~ ; •a Project total estimated cost: $566,305
•a Final wst is 9% lower than the estimated cost
~ .
z'Reimbursement District No. 36 Alkimbursement District No. 36
\Firal Costs W)_?-entive Program
+3 Total ProjeCt Cost Reduced to $6,000 to the extent that it does not
•$514,800.82 exceed $15,000 if connection is made within three
years after service becomes available
• 28 lots served t• Upon request, amounts over $15,000 may be
• Total azea served: 488,007 square feet deferred until development occurs
v Reimbursement Fee (Per Owner) If all 28 lots connect within three years and request
~$1.054905 per square foot of lot served defenals, the property owners would pay $168,000
and the City $346,801
s 6
1
• t
, AReimbursement District No. 36 f ~
~d~itional Owner Costs Recommendation
o Each owner pays the following: ❖ That Council pass the resolution finalizing
A$2,735 connection and inspection fee, which funds Reimbursement District No. 36
treatment facility construction ~d
(SW 93 Avenue)
A $50 (average) service charge per two months for
operation and maintenance of the entire system Sewer will be made available upon
AAll costs to connect to the lateral installed through passage of the resolution
this project
, ■
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City of Tlgard p~ ue to'Time COnstxaints
D
AGENDA ITEM NO. 7
This is a City of Tigard public meeting, subject to the State of Oregon's public meetrng and records laws. All written and oral testrmony become part
of tbe public record. The names and addresses ofpersons wbo attend or participate in City of Tigard public meetirsgs will be included in the meeting
minutes, which is a publrc tecord.
Proponent (Speaking in Favor) Opponent (Spealdng Against) Neutral
NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE
Please Print Please Print Please Print
Name: Name: Name:
Also, please spell yout name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pxonounce: it will help the presiding officer
pxonounce:
Address Address
City Ciry- Address
State Zip State Zip City
Phone No. Phone No. State Zip
Phone No.
Name: Name: Name:
Also, please spell your name as it sounds, if it Also, please spell youx name as it sounds, if it Also, please spell your natne as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pxonounce: it will help the presiding officer
pronounce:
Address Address
City City Address
State Zip State Zip Ciry
Phone No. Phone No. State Zip
Phone No.
Agenda Item # ~
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Update on the Current Status of the Emergency Management Program in Tigard
Prepared By: Dennis Koellermeier Dept Head Approval.\ Ciry Mgr Approval: C2
C w
ISSUE BEFORE THE COUNCIL
Receive an update on the current status of the City's Emergency Management Program.
STAFF RECOMMENDATION
No action required; informational only.
KEY FACTS AND INFORMATION SUMMARY
The Emergency Management Program continues to move forward in planning and preparing for disasters
andlor emergencies. An update on the following emergency management items will be provided:
■ Community Emergency Response Team (CER'1)
■ 72-Hour Preparedness Outreach
■ Emergency Operations Plan Development and Revision
■ Office of Consolidated Emergency Management (OCE1V) projects
■ June 14, 2006, Emergency Response Exercise
OTI-IER ALTERNATIVES CONSIDERED
Not applicable.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard City Council, Other Important Goals for 2006
Improve Communication and Relationship with Citizens
Tigard Beyond Tomorrow, Public Safety
Goal #3: The community will be trained and prepared for emergencies.
Strategy #1: Develop community-wide program to train citizens to be self-sufficient for the first
72 hours after and emergency event.
Strategy #2: Coordinate Tigard emergency response providers.
Tigard Beyond Tomorrow, Community Character & Quality of Life, Volunteerism
Goal #1: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for
our community.
ATTACHMENT LIST
1. PowerPoint Presentation
2. June 14, 2006 Emergency Preparedness Survey Results
3. Thirty-Second "Take 5 to Survive" Public Education Video Clip
FISCAL NOTES
The City's share of the annual Emergency Management Program is approximately $88,000, funded through the
Public Works budget. Actual program costs are higher and are paid for through grants. For example, the City
was recently awarded a$22,225 State Homeland Security Grant to purchase radios which will improve
emergency communications and Tigard's CERT program has received federal funding.
Sheet for bookmarking items unable to send to microfiche
Date: 11/28/06
Item: CD
Subject: Take 5 to Survive Video Clip
Agenda Item #8, Attachment 3
Stored in vault: See Records Division
Attachment 1
Program Area Review Community Emergency
Response Team Program
♦ CERT Program • Volunteers to Date
♦ 72-Hour Preparedness . Conducted Two Basic Classes
♦ Emergency Plan Development • Conducted Six Enhanced Classes
and Revisions • Participated in Two Rodeos
♦ OCEM Partnering Projects . Event Support
• Volunteer Hours
♦ June '06 Exercise Summary
s ` ♦ Future Plans
~
72-Hour Emergency Plan Preparedness OutreacK Development and Revision
• Conducted Six Presentations ♦ Natural Hazard Mitigation Plan
• Participated in the Emergency Addendum
Services Fair ♦ Critical Infrastructure Protection
• Improving the Emergency Plan
Management Link on the Web ♦ Emergency Operations Plan
Site
♦ Business ContinlityP'la n
, n,
Natural Hazard Mitigation Plan Critical Infrastructure
Addendum Protection Plan
• Identified Six Natural Hazards • Multiple Jurisdictions and
♦ Updated Probabilities Disciplines at All Levels
o Tied Directly to the Comp Plan • Established Threshold Criteria
♦ Identified Prioritized Strategies • Identified Interdependencies
♦ Benefit for the Process • Developed Infrastructure
Prioritization
. ..a,' . .
....Ss ..as,- . .~,.ca.\..
1
Emergency Operations Plan Business Continuity Planning
♦ The Bi-Annual Review of the EOP
Is Completed • Management Analyst Working
• Rewrite of the Plan Underway Group
♦ Re-Establish Incident • Developed Draft Timelines
Management Team Working • Three Phase Approach
Group ♦ Executive Staff Presentation
• Projected Revised Emergency
Operations Plan to Council
February '07
.
~ s
OCEM Partnering Projects TIPOFF '06 Exercise Summary
♦ Six Comprehensive Planning • Two-County Multiple Jurisdiction
Annexes
• Elected OfFicials Guide Full Scale Exercise
♦ Special Needs Forum • Over 230 Participants in Tigard
Alone
♦ Take 5 to Survive Video Clip ♦ Lessons Learned
♦ TIPOFF '06 ♦ Survey Results
♦ Seek Federal Grant Funds
.
Future
♦ Required Staff Training
♦ Internal Exercising
♦ Plans and Annex Adoption QUESTIONS ?
♦ Continue to Work with the
Regional Approach in Response
and Recovery .
♦ Public Outreach
e TOPOFF '07
. . . , x:: ..~g~3„
2
Attachment 2 ,
- -
June 14, 2006
Emergency Preparedness Survey Results
The June 14 Emergency Preparedness Exercise took place in the Menlor area. Immediately
following the exercise, 120 surveys were handed out to residents to assess communication and
obtain their views regarding the exercise. Seventy surveys were returned. Of these 70
respondents, nearly 93 percent said they were informed about the exercise beforehand. The
majority of survey comments were positive; the comments were as follows:
I'd like to know the results.
Well done.
We were at work all da .
Thank ou.
"Practice makes erfect."
I think it is a great rogram and was com leted ve rofessionall .
Mike Lueck did a reat 'ob ex laining all of this on June 13 at 7:45 on Cable Channe128.
Great Job! Thank ou!!!
Only a little. We did not have access to our driveway because trucks blocked it, but it was
for a ood reason so it didn't reall bother us.
It's nice to know we are being proactive as opposed to reactive. This is the first time in 5
states and many neighbors having this ty e of exercise done. Thank you.
Thank ou for lannin ahead b trainin for an emer enc .
Very interesting and thought provoking exercise. We are glad it is happening and
encoura e other such events to occur.
It's good to have a drill like this for our own safety and to prepare the community for
what ossible emer enc arises. Thanks!
I a reciated the notice - otherwise it would have been alarmin .
Law Enforcement was ve courteous!
I am leased to know the Cit of Ti ard artici ated in this exercise. Thank ou.
Scary to have all the police and emergency equipment around - in an emergency it will be
reassurin I ima ine.
My wife - who wasn't aware of the exercise - was told by someone participating in the
exercise that the water was contaminated, and that she could not leave the house.
Partici ant did not tell her that an exercise was in rogress.
My cat got loose, I chased it, in my towel, and got locked out of my house; as a result, I
was late for work. My cat has not yet returned.
We had to turn off our water for 3 1/z hrs. I don't remember it saying that in our prior
information.
I was scared to death by all the geared up police. I had to drive my kids to school and
fi ure out an alternate wa to et there.
Glad to know that these exercises take lace. Kee u the good work.
Agenda Item # 1~7
Meeting Date November 28, 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigatd, OYegon
Issue/Agenda Title Annual Police RWort
Prepared By: William Dickinson Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Presentarion to City Council by Chief Dickinson to provide the annual update on cxixne trends and Departrnent
initiatives.
STAFF RECOMMENDATION
Receive report.
KEY FACTS AND INFORMATION SUMMARY
TMC 230.040 requires that "The Chief of Police shall provide for an annual public review and evaluarion of all
Department goals and objectives, and progress made toward their achievement." In addition to reviewing crime trends
and Department accomplishments and initiatives, the Chief will discuss how the Police Department is coping with the
forces of change at work in law enforcement and where the Department is spearheading change.
OTHER ALTERNATIVES CONSIDERED
Not applicable..
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
The ChiePs Annual Report will cover the following goals from the Tigard Beyond Tomortow Progress Report 2005
Public Safety section:
Goa1 #1
The community residents, business owners, and service providexs will undexstand theix roles thtough effective
communication to successfizlly enhance public safety and emergency servies.
Goal #4
Police outreach: Better communication with all citizens.
Goa1 #1 - Transportation and Traffic section of Tigard Beyond Tomorrow
Improve traffic safety.
ATTACHMENT LIST
None.
FISCAL NOTES
Not applicable.
iladm\cathWo+ms~2008\mus+dl apenda item summary sheet OB - yune revisiortdoc
~ ~ ►
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1
TGARD MUNICIPAL CODE
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evaluatiov..."
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For those in the audience who are not sitting City Councilors, Tigard Municipal
Code section 2.30 directs the Chief of Police to report annually to the City
Council through a public review and evaluation of the Police Department.
Each year, we provide a broad view of our call load and crime statistics, as
well as goals, challenges and accomplishments. Before we launch into the
statistics however, I'd like to review the Police Department's Mission, Vision,
Goals and Core Values.
. 2
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/ ~ ~ - ~ s a► • I ~
, ~ 1 ~ ~ ~ • ~ ~
'
A mission statement defines the core purpose, customer orientation and
business philosophy of the organization - WHY it exists and WHAT it hopes to
accomplish. The mission examines the "raison d'etre" for the organization, and
reflects employees' motivations for engaging in the City's work. It is intended
to be inspiring, long-term in nature, and easily understood and communicated.
As you can see, ours is concise and to the point. It is our MISSION to create
the highest level of livability possible by working WITH our citizens to preserve
and protect life, liberty and property.
3
/ Vision
P. ' g with ' a 1 o '
departments
1' ' •ping ' . '1 ' , i
. o .1-- plo
. g pub i • d- -
through • . • i . '
Unlike the mission statement which tells EVERYONE, WHAT we want to
accomplish, a vision statement is for the members of the organization. The
vision statement is our inspiration, and the framework for all our strategic
planning. The vision statement answers the question, "Where do we want to
go?" The Police Department has a three part vision statement. First, that we
will partner with citizens and our other City Departments. Second, that we will
develop well-trained, ethical and accountable employees. And Third, that we
will earn the public trust and confidence through our actions and values.
4
Goals
o -d - crime
o assist - City . g.d -
. . p - . p. g.. . d
.b- -
. - - . d security .
g. d residents, • :
b - -
• p - - - o • , i civil g
. d • ' g•od citizenship • youth
Webster defines a goal as "the purpose toward which an endeavor is directed.
An objective." In the business world, goals can be general statements of
anticipated outcomes; usually, more global in scope and should be supported
by well-stated objectives. The Police DepartmenYs goals are broad
statements of ideal future conditions that are desired by the community and it's
police force. They are: to reduce crime and the fear of crime, to assist the
City of Tigard in the accomplishment of municipal goals and objectives, to
enhance the safety and security of Tigard's residents, visitors and businesses,
and of course, to preserve constitutional and civil rights, and foster good
citizenship in our youth.
5
Core Values
Attitud-
-.d- p
Integrity
Service
o
Core Values are the attitudes and beliefs thought to uniquely pattern a culture.
While the previous mission, vision and goal statements were the result of a
collaborative process and represent the input of Police Department employees and the community, the Core Values are those which I have established as
essential attitudes and beliefs for all members of the Department for which I
am responsible. Over the years, I have come to know that police personnel
work in one of the most complex, demanding, and oftentimes unrewarding
environments in America today. In order to be successful in this field, it is
essential that we maintain a positive attitude, that we establish and maintain
ourselves as leaders in our field of endeavor, that we assertively maintain the
highest levels of integrity, that we possess the heart of a servant and deliver
excellent service, and finally, that we play on many different teams and cannot
operate in a vacuum. From partnering with the community on a problem
solving project, to backing up an officer on a hazardous call, teamwork is
essential to everyone in our City, and especially within the Police Department.
6
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HIGHLIGH
PROBLEM SOLVING
~ FUTURE GOALS
Having covered our mission, vision, goals and core values, the balance of this
report will be broken into these categories.
7
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CRI'METREINDS
In this part of the report, we will look at our statistical data which includes
crime and workload indicators. I should begin by explaining that we are
required to report all of our crime, offense and arrest data to the FBI, who in
turn tabulates the information for National publication.
8
uuuui
oo~oi
staus-ticai Reporting i
o O ' o •.d 1 . •
P, . . ds
o P . . d
The FBI breaks all crime stats into two sections which they call (surprisingly)
Part I and Part II Offenses. Part One Offenses include the subcategories of
crimes against persons and crimes against property. We break out the most
violent offenses of Homicide, Robbery, Serious Assaults, and Arson in order to
measure our violent crime index. Part II Offenses capture all other categories
including status offenses. Status offenses are things like juvenile runaways,
curfew violations, or truancy. That is, there is not a criminal history generated,
and the offense is specific to a person's status such as being a juvenile.
9
Tigard PD Patrol Workload Analysis
60,000
53,434 53,754
50,403 49,333 51,062
50,000
40,609 42 309
40,000 3T,582
AO,d08
30,000
20,000 14,810
12,825 12,821
10,000
10,654
0
2001 2002 2003 2004 2005
fTotal Worklond -0-Asaigned Workbad fSeH-Initiated Workload
We will begin with showing an indication of demand. In general, Police
Officers have three categories of work. The first is dispatched calls. This is
- where a citizen calls the Washington County Consolidated Communications
Center using either 911 or the non-emergency dispatch number. Emergency
or non-emergency, a dispatch is generated and an Officer is sent to handle the
call, the only difference being in the priority of response. The second demand
is in follow up investigations. An Officer frequently is required to conduct
follow up work to the initial call for service. It may involve interviewing
witnesses, victims, suspects, searching * for or processing evidence, meeting
with Deputy District Attorneys, etc. The third area of demand is self-initiated
activity. This is most frequently observed when you see Officers conducting
traffic stops, but also includes the less visible crime reduction efforts
associated with Problem Oriented Policing. If say, we are having a series of
problems in a particular apartment or business complex, the District Officers
will initiate a problem solving project where they will place added emphasis on
patrolling that particular area, to include foot patrols, bicycle patrols, or any
other concerted and directed patrol activity. This latter activity is much less
visible to the public, but occurs frequently in our efforts to reduce crime and
the fear of crime. This chart shows that our Officers workload is primarily
driven by public calls for service with a nearly 4 to 1 ratio over activities which
they themselves initiate. Our Patrol Division was sent to a call some 40,000
times last year, and when combined with their own self-initiated activity,
accounts for 51,062 details! Fortunately, our calls for service do not reflect our
crime rate. Many of our calls for service are just that, service calls which
include among other things, traffic collisions, neighbor disputes, keeping the
peace, crime prevention activities, to name a few. 10
City of Tigard Total Part I Crimes
3,500
3,000- ~148
,878
4,9~3
],500
2,"1 2,458 2,518 2,471 2,410
2,aao
1,500.
1AOa
500
0
/991 1998 1999 2000 2001 2002 2003 2004 2005
For purposes of clarity, I should tell you that the FBI captures statistics by
Calendar year, so all of the statistics you see today are tied to our reporting
schedule of the Calendar Year, and not to the City of Tigard's Fiscal Year.
This chart shows our total number of Part I Offenses by year from 1997
through 2005. Part I offenses include homicide, robbery, rape, aggravated
assault, burglary, larceny, vehicle theft and arsons. The volatility indicated
here points to the fact that the police department operates to a very large
extent.in a reactive mode. You can see the spike in 2001, the PD responded,
drove it down, and it has again spiked in 2~004. We reacted, and the
consequence is that it dropped~r agair~005. The nature of criminal activity is
that we can't always predict trends, the best we can do is use good crime
analysis data to assist us in directing our efforts and recognize trends. Since
we cannot predictwmw trends, early detection is next best strategy. We
recently hired our first part time Crime Analyst, Heather Hartunian to help us
detect emerging crime trends.
11
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~
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~ p P .~P P W
~O F . P P W P) ~p-, P PW F`
~ P bC'P~ AP P~b'PpP P P P 1 yP.w~p ~
LPJ PP hhhrPP
P P[ P W P,~ 'v p
P PPv O 4~.
o
P P Vp p P'P. P
QlGu P p pP ~p P p~
o . ~
I P PP G P ~ P
g P ~ p P= P r
P ~ 1p
I p
O P PP .4 ~ P p~i O~ P p-p I ~
~y p P
p W p P v
w....., g y P ~ yg+ry, .
lb..PJ ~pP P 'PP_pNpG
Fran VMkN p P% P
~ y p..1~.p p.
n-
p n.n a~v.~.~rz U yp PPpP p ~ P v '41PP I~ e
~ zm p P PP
° e
G~ ~-P p" p~"~
P
P P P
P ` J)
This is an example of the type of information Heather is producing for us. We
then assign patrol command staff and officers on the various shifts and
districts impacted, to begin to address the problems identified via maps of this nature.
12
City of Tigard Total Violent Crimes
1d0
128
tzo
121
118
100 107 110 105
97 ~ 96
60
ao
xo
0
1997 1998 1999 2000 2001 2002 2003 2004 2005
This slide shows only our raw number of violent crimes which are taken only
from the crimes against persons portion of Part One Offenses. Crimes
measured in the violent crime index include homicide, rape, aggravated
assault, and robbery. As you can see from this raw data, our level of violent
crime vacillates from year to year. Much like Part 1 crime, violent crime trends
are difficult to predict and again, we are placed in a reactive mode. There
tends not to be a pattern, but rather, we are in constant pursuit of identifying
violent criminals, apprehending and incarcerating them, even while new
criminals are coming into town. This would be a good time for me to brag for a
moment on the quality of our officers and detectives. Over the last finro years,
we have not lost a single Measure 11 crime case. The cases we have
. presented to the District Attorney for prosecution have all resulted in
convictions which I think is a positive statement about the quality of both the
investigative efforts of the Police Department, as well as the efforts of the
Washington County D.A.'s Office. Violent crimes are typically used to
determine community safety, although they don't include most property crimes,
they do include the most serious of crimes, potentially involving threat to
individuals.
13
_ • ~
v~ .
,
a Q `
r~~C `
P
~
~TI ~ a • t /
s~CS
t-c
~ TC:I HillsbQrQ
fc I
~ I
2=
A recent Oregonian news article by Rick Bella discus~*the safest cities in
America, where our neighboring communities of Beaverton and Hillsboro both
placed very well on a national level as some of America's safest cities. However,
I was perplexed that I didn't see Tigard listed there, so I checked on the company
website that produced this information and learned they only evaluated cities of
75,000 population or great r. I was curious to know where Tigard would have
0
placed, were we that size tty. So I contacted the company which produced this
information and asked them where Tigard would have come out.
14
ga I a' ' I I Inquiry
Safest Cities List:
Belleview :~s ~ •
Beaverton "°~a~
Hillsboro °TM^°~~°'~~
Spokane Vailey
Salem
Eugene •
Vancouver
Spokane
Gresham
Portland
Seattle
They recomputed their list for us on the assumption that if we were a City of
75,000 and IF we had the same crime rate per thousand, then Tigard would be
placed as the 61St safest City in America. Ahead of Beaverton and Hillsboro.
Again, I have to point out we are not a City of 75,000 and this information is
given advisedly on the presumption of equal size. Buvj' .Z T-?/gvy-
z-t -bay d~,.r oN,f~-~ WT- oli R 49-77 aJ A~ /f RW
15
City of Tigard Total Part II Crimes
3AGO
2,441
2XG
2,460
2.M 2~79
~,370
2,207 b108 4015
1,500
1,000
500
0
1997 1958 1998 IODO 2007 2002 2003 2004 2005
Moving now to Part II offenses which include such offenses as simple
assaults, fraud, forgery, counterfeiting, embezzlement, possession of stolen
property, vandalism, weapons violations, prostitution, other sex crimes than
rape, drugs, gambling violations, family offenses, DUII, liquor violations,
disorderly conduct, kidnapping, status offenses, etc. As you can see Part II
offenses have leveled off some, over last year's increase. In direct contrast to
Part I trends, our Part II crimes have seen a small increase.
16
UNIFORM CRIME REPORTING FOR TIGARD POLICE DEPARTMENT, TiGARD OR
Pe-rto
PART II CRIMES 1887 1998 1998 2000 2001 2002 2003 2004 2005 cn.~npe
SIMPLE ASSAULT 221 280 239 188 198 188 184 186 168 18.0%
FOROICOUNTERFEfT SOB . 273 234 239 288 203 774 248 230 -6.6%
FRAUD 771 163 788 788 782 141 79E 266 224 -72.2%
EMBEZZLEMENT 34 48 68 67 86 69 48 36 41 17.1%
STOLEN PROPERTY 1! ft 36 18 12 2 8 10 7 30.0%
VANDALISM 681 602 476 610 694 818 671 678 868 73.6%
WEAPON9 LAYVS 27 26 10 SO 14 SE 37 29 78 44.8%
PROSTITUTION 0 2 0 0 1 1 1 2 2 0.0%
SEX CRIMES 69 16 p 80 71 80 69 49 71 44.9%
DRUO LAVYS 96 122 278 787 97 776 771 160 778 d27%
OAMBLINO 1 0 0 0 0 0 0 0 0 0.0%
OFFENSES AOAINST FAMILY 22 27 27 14 28 M 33 60 33 J{.0%
DUI 708 174 766 88 98 178 29 773 717 22.0%
LIGUORLAW9 48 N !2 26 27 37 29 83 117.2%
DISORDERLYCONDUCT 777 186 778 789 228 778 209 137 397 -10.0%
KIDNAPPINO 7 8 18 23 7 11 6 4 8 60.0%
ALLOTHER 246 '271 788 187 177 1N 179 203 787 -7.8%
CURFEW 62 Sf 3{ 11 28 2] 17 17 82 378.8%
RUNAWAY 212 163 187 763 88 96 7B 706 BS -27.8%
TOTAL PaR II Crimas 2,586 2,279 f,370 I,181 4,207 2,103 1,871 2,l17 !,480 0.6%
This has been primarily driven by the proactive efforts of our officers. Please
note the highlighted line item, showing a 376% increase in curfew violations.
The big increases you see in the liquor law and curFew categories (117 and
376% increases respectively) are largely driven by our officers problem solving
projects. Last year I reported a 22% increase in the number of fraud cases, a
34% increase in family offenses a 37% increase in the number of disorderly
conduct cases, however you can see this year, there has been a 12%
decrease in fraud cases, a 34% decrease in offenses against family and a
10% decrease in disorderly conduct cases. This is another example of the
police department responding to spikes in certain areas and/or crime
categories. While we are working on these problems, undoubtedly new
problems crop up.
17
.
. .
Tqq
, ,,•:~.~r .
t~► . _
If you've ever seen the Whack a mole games... this is my metaphor for
demonstrating a police department's work. You never know where it's gonna
pop up and never know WHAT it is that will pop up we have to constantly be
moving, adjusting, and adapting to change.
18
d 'L, „„.~y , a 7 <
~ik'+~~~'3 M••> d~ '.~'r~ m .~r, ~ u n ar aT~S' a~
d y .
"~~„*~Y.i"~ c x~ S' ~ ~~d~~y . i~+a.k 4bU Y,'
' ~k ~i: " ✓ ~ ~Nh~i.
.a
The next major category of this evening's presentation is a look at just a few of
our major accomplishments during the course of 2005.
19
Highlights
' b . • • - First : - -
p' . ognition
Imp - - -d 1' R' p• '
■ o .
p. d-d P-- Court
Initiated Truancy P • '
D'plo '1 ' D . d Dig . d'•
We published our first interdepartmental newsletter called The Blue Review
which improved communication within the Department. Sheryl Hurias was
selected as the Peace Officer of the Year, while Jamie McDonald, was
selected as the American Legion Tigard Police Officer of the Year. The
Support Services Division implemented an Elder Victim Response Project. As
part of this project we follow-up with elderly victims of crime. We expanded
Peer Court by roughly 50% by aggressively r~ecr~tir~lg~sVdents to volunteer to
serve as peer court lawyers, serve on juries, . We also began
' a few months
working towards a truancy ordinance, which C u cil assed ffis
ginning
ago. The ordinance is currently being used ~an , aw be
our deployment of new mobile data omputers and digital video systems in
each patrol car. ~ ~u
M4 691 G.lr,~ r
o„i oA~:~✓~ et . Qw 1~~./ 'k/elle,
7~ o s~~/~ ~ ~f ze..` GI~N
'l ' &rAl -r
1~t~ l ~+u~iJt~:Ci~f ~ ~I'~~iJ~• ~j~ ~°r~ ~ f
~'V `u/ i Lr'~ c✓No dj,~~l' N-41 D~'/'Ge~'Tf'S~e'`i ~.~✓1'1
T*A-1 ,
G✓~ f~to~ d.~~` 06 fe //Z G~
e,.,e 4 f0 °A`A o,a/ 69-el.7_-&"_ ~.t/1' ~a.✓~~i~/L /r ~k~Ta~;~jr
y,d~,, rl.~-,or c~►t~ -W*CCW n,ft-X 7- ral0
ndE.-~o~L G¢A~ ~►Jc`?•f~ 'Z~~l'~ ^1o 7 T° G'O 64-4
' i ° ,fGpjboL I& !r D ttFOCp! 40 B9T~ L✓I~-~ /~b/eP~ ,~a,~.
CNp?u' a,,Ot 7- 1,, '
i ' I Efforts ' I Results
• •
' - • • - - • -
Livable
Eliminated - - . . D •
• -
• • Number • DUII Arrests
We opened and closed 30 problem solving projects during 2005. Befinreen
2004 and 2005 we saw a 22% decrease in repeat CFS at just one local liquor
establishment after our supervisors and officers worked closely with OLCC
and management to bring about change. We have used a finro prong
approach to address issues at high density housing complexes: enforcement
and prevention. The enforcement approach utilizes problem solving efforts
involving evictions, arrests, and warrants to create a more livable environment.
The prevention component is accomplished through our participation in the
Westside Crime Prevention Coalition which trains and educates apartment
managers and owners. Our officers made a record 211 DUII arrests, which
represents a 10.4% increase over 2004. The good news is our DUII arrests
have risen dramatically, but the bad new sis that our traffic complaints have
also. Our traffic complaints have increased by 18%, and our 2006 YTD
numbers point towards yet another increase of 20%. When we compare our
2006 YTD complaints to 2004, we see at 41 % increase. This is not surprising
information and I note that the Council is already well aware of traffic concerns
by virtue of this being a Council goal for this year. Traffic density and volume
are such that I anticipate this will continue to be an ongoing issue for us.
21
ACCOUntallbilitV
- Complaints D- -d
* Sup- • . -d Complaints
.
Increased
Incidents of Co - - ` •
Increased
I would like to talk for minute about police accountability. I think it is equally
as important to share our accolades with you as it is to openly discuss our
failures. We received 52 accommodations from citizens in 2005. We do
however, take the failures most seriously. Citizen complaints decreased 36%,
from 36 to 23 complaints. Supervisor generated complaints increased from 7
to 9, which indicates to me our supervisors are being more proactive in
monitoring officer performance. Of the 32 total complaints, internal and
external, 16 were sustained and appropriate corrective actions were taken.
relations
Tigard Police has long enjoyed a better than average relationship with our
citizens. But it seems to be the case that on a national level, respect and
regard for police is on the decline. This decline is no doubt exacerbated by the
media coverage of police misconduct, which tends not to be offset by when
police officers do GOOD things! As the public perception changes, so too must
the police department if we are to continue to be the responsive municipal
police department that our community expects.
Beginning in 2005, we began a joint effort with the Police Officers Union to
completely revise our complaint and investigation policy.
22
ro-
R
a4} 1~"
w
, . ~ .
w
.
So what do we see coming at us in the near future?
23
z
Future Goals a- Challenges
Incorporate Lexipol Policy Ma ig. .
System
Integrate PD . d • •
Positio
• • d• . . P ' ' . •
P '1. ' o • e .
.
. . Traffic .
ety Efforts
Well, here is just a partial list of what I see in our near future.
Our policies and General Orders are in need of revision to keep up with the
laws, court cases, and regulatory rules that affect us. Thanks to a recently
awarded grant from the City's Insurance carrier, we have started the process
of converting to the Lexipol policy manual.
We will need to integrate PD staff with GIS systems so that we can do a better
job of crime analysis and pattern detection.
The Police Department will be hosting Gordon Graham, a nationally
recognized risk management expert and speaker, who brings something of
value for all City employees... He is scheduled to speak this coming March.
Commuter rail is scheduled to come to Tigard in less than finro years and will
bring with it, more new challenges for the police dept.
As mentioned earlier, traffic safety and citizen complaints regarding traffic
issues will not likely go away.
24
~
Future Goals 1 Challenges
Address / I / • ge Issues
Facilita ' i dget Co Audits:
1) Property i Evidence Re .
O • d • Dispatch
R' ' • . 1 Hiring Analysis
The police department is need of additional space. We have long outgrown
the space we are in and need to at least begin a discussion on how to deal
with it. Because all our office space is utilized we are creating office spaces in
what were previously common areas, such as the briefing/training room.
The budget committee audits are undenivay and will evaluate staffing and
procedures in our property and evidence unit, retention and hiring challenges
and out of jurisdiction dispatch topics. One of the largest challenges we face
with regard to recruitment is the length of time involved befinreen the date of
application to the officer graduating from the academy. (ADVANCE TO
HIRING SLIDES)
25
Tigard Police Department Recruitment Snapshot
I200 ;<;ViiritteTes~ng:P
50 ':'<ORPAT`8ijif:Gorii'p'utei
I :PrOfiCietiC'
, .:.:.:.:.:.:.:.,.,.:.:.:...:.:.:.:.:.:.:.::.:.:Y.....
I~ <:::f7raj;.l:rilerviews;:;:::::?:::>`'
I15 9ac'E:E<:. tiuilds
Is Ps tiolo iCal:€zarii
l4 aieatcar:Exam;:
12 Ht~
26
MowTM I doarN: MoNTH s Moxn+a YOMN 3 MONTH 6 Mo~+nr Y
Posftlon AaverCSed
wdftn Exmn
AdntgSb"d
VVnftn Exams Stoved
imne a sdreewing or
OPRAT (Agpw
ImAte 8 Sdtedtding of
Otals
Badcgroumd Padcets
Disbibaded 8 Submitled
Bacl~ogrotafds Carwaed
qfiM lirtervlewa!
Pnyd,ologieal Exarn
SdteAWed
PhyztcW. On+9 Saeen
Hirl
Pumk Safety Andenry
• 27
Future Goals ► 1 Challenges
Hire onsultant to Conduct
Workflow Analysis
i po / di
Address Graffiti Problem
, op Strategic P i
, ocume
i ~ Effectiveness &
Efficiency
WORKFLOW: We need to continue taking advantage of technology to create
a paperless reporting process with the goal of increasing our efficiency and
productivity.
LESS LETHAL WEAPONS UPDATE: We are very inefficiently loading and
unloading less lethal equipment at the start and end of every shift. In addition,
at times, only one patrol car is available with a less lethal weapon. We hope to
resolve this efficiency and equipment issue in 2007.
GRAFFITI: We have established a system through which graffiti is identified,
documented, and reported. In fact, in 2005, Tigard had 627 incidents of
"tagging". We need to move forward now with plan for addressing the
problem.
STRATEGIC PLAN: there is a need to fully develop a strategic plan document
with which to create longer term goals for the police department. We spend so
much chasing change, that we have very little time in which to look at the
longer view. Managing change has become the norm for us and I think we
have done a very good job of it. But it is time for us to start looking further into
the future and to create proactive mileposts by which to guide us. So that our
City dictates our direction, and not just the criminals.
Earlier this year the budget committee raised the question as to whether or not 28
the PD was assianina staff commesurate with the workloaci. It had heen three
Patrol Officer Staffing By Hour
a otficers a otficers
4 Oflieers 4 Offieers
Qaws Contlnatl (2200 Oo 0800) Qaws
SWryahMt 1400 to 2768
n,ysnire oeoo a, 1eoo
7 2 3 4 6 6 1 8 9 70 17 12 13 74 16 18 77 78 19 20 21 22 23
Nau d Oay
This slide merely demonstrates for you that our shifts overlap one another.
Our staffing levels typically hold steady but twice a day the number of available
officers increases to meet demand.
~
29
2005 Wbrldoad Pnalysla By Day M VYbok uM Hour
0 Sunday Cl Mwiday 0 Tuesday O VYbdnesday O Thursday B Friday O Saturday
3,600
3,000
I (
~ 2,600
~ 2,000
1,600
7,000
s
600
0
00 01 02 OJ 04 06 06 07 OB 09 70 11 12 13 14 16 18 17 18 19 20 27 22 23
iar a my
This graph shows demand by time of day and day of week. You -~rjll see the
two pronounced spikes in this graph.
30
Cornbirred StalflrgNWrldwd Pnalysls 2005
• ■ Sunday o Mondny a Twulny o Wedronfay o Thuvsday 0 Friday o Saturday
9,600
B Ortbers
3,000
2,600
a
~ 2.000
b
4 aM-a
$
1,600
1,000
600
0
00 01 02 09 06 06 OB 07 08 09 10 11 12 13 14 16 18 17 18 18 20 21 22 27
Ndn d Day
And now, by overlapping our staffing level with our call load you can see that
as close as we are able we have matched our staffing level to our call load.
There are sometimes where workload exceeds staffing in the early afternoon--
we often fall behind in our call responses during this. Conversely on grave
yard in the early morning hours, we have more staffing than call load, however
we need to maintain minimum staffing as this is when some of our most
dangerous calls take place. So as you can see I feel that our scheduling
allows for maximum efficiency, effectiveness, and safety, given our current
staffing level.
31
Thanks for i Support
That concludes my 2005 report to Council, are there any questions or topics
you would like me to expand upon?
32