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City Council Packet - 12/08/2009r E, r ~aG City of Tigard. Tigard Business Meeting = Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE: December 8, 2009 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deao. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead- time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deao. CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 P.M. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGA CITY COUNCIL/LCRB AGENDA - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.dgard-or.gov Page 1 ofg - City of Tigard. Tigard Business Meeting = Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: December 8,2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (i) to review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media may 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 final action or making a final decision. Executive Sessions are closed to the public. STUDY SESSION • Discuss Tigard Municipal Code Amendments reflecting Senate Bill 915 requirements for Civil Penalties for Building Code Violations - Community Development Department • Review Administrative Items 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Taylor Friesen • Tigard Chamber of Commerce Chief Executive Officer Debi Mollahan • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication TIGA CITY COUNCIL/LCRB AGENDA - December 8, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov I Page Z ofg 7:45 PM 3. PROCLAMATION - PROCLAIM DECEMBER 7-13 TO BE HUMAN RIGHTS WEEK, and PROCLAIM DECEMBER 10, 2009 AS HUMAN RIGHTS DAY ® Mayor Dirksen 7:50 PM 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve City Council Minutes for September 22 and October 20, 2009 4.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Canvass of Votes for City of Tigard Measure 34-166, Bond Issue to Preserve Natural Areas, and Develop Parks and Trails - November 3, 2009 4.3 Approve Resolution of Necessity for the Greenburg Road/Highway 99W/Main Street Intersection Improvement Project - Resolution No. 09-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING THE GREENBURG ROAD/HIGHWAY 99W/MAIN STREET INTERSECTION IMPROVEMENTS IN THE CITY OF TIGARD 4.4 Appoint Members to the City Center Advisory Commission - Resolution No. 09-73 - A RESOLUTION REAPPOINTING ALEXANDER CRAGHEAD, RALPH HUGHES, AND PETER LOUW AS VOTING MEMBERS TO THE CITY CENTER ADVISORY COMMISSION, RE-APPOINTING LINLI PAO AS AN ALTERNATE, AND APPOINTING PHILIP THORNBURG AS AN ALTERNATE. 4.5 Appoint Members to the Planning Commission - Resolution No. 09-74 - A RESOLUTION APPOINTING TIMOTHY L. GASCHKE, AND REAPPOINTING TOM ANDERSON AND DAVID WALSH AS VOTING MEMBERS TO THE PLANNING COMMISSION, AND APPOINTING RICHARD SHAVEY AND DONALD SCHMIDT AS ALTERNATES TO THE PLANNING COMMISSION 4.6 Appoint Members to the Budget Committee - Resolution No. 09-75 - A RESOLUTION APPOINTING DENA STRUCK AND DAN GOODRICH TO THE BUDGET COMMITTEE AND APPOINTING MONA MOGHIMIAN AS AN ALTERNATE MEMBER 7:55 PM 5. UPDATE ON THE BURNHAM STREET IMPROVEMENT PROJECT ® Staff Report: Public Works Department TIGARD CITY COUNCIL/LCRB AGENDA - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of5 8:05 PM 6. LEGISLATIVE PUBLIC HEARING - REVISED STREET MAINTENANCE FEE ` a. Open Public Hearing b. Review Hearing Procedures: City Attorney C. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. d. Staff Report: Finance & Information Services Department e. Public Testimony - Time Limit - Five mins. per speaker Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Resolution No. 09-76 - A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A LONG-TERM AVERAGE PAVEMENT CONDITION INDEX (PCI) GOAL FOR CITY STREETS, Ordinance No.` 09-14 - AN ORDINANCE AMENDING CHAPTER 15.20 OF THE TIGARD MUNICIPAL CODE, WHICH ESTABLISHED A STREET MAINTENANCE FEE TO PROVIDE A FUNDING SOURCE FOR MAINTENANCE OF CITY STREETS, And Resolution No. 09- 77 - A RESOLUTION TO AMEND THE PORTION OF THE MASTER FEES AND CHARGES SCHEDULE PERTAINING TO THE STREET MAINTENANCE FEE AS ADOPTED UNDER RESOLUTION NO. 09-44 9:05 PM 7. PUBLIC HEARING - CONSIDER AN ORDINANCE WITHDRAWING PROPERTY FROM TUALATIN VALLEY WATER DISTRICT (TVWD) a. Open Public Hearing b. Review Hearing Procedures: City Attorney C. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. d. Staff Report: Public Works Department C. Public Testimony - Time Limit - Five mins. per speaker Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ord-lance No. 09-15 9:15 PM 8. PROVIDE UPDATE ON FEBRUARY, 2010 SPECIAL LEGISLATIVE SESSION • Staff Report: Administration Department • Council Discussion TIGA CITY COUNCIL/LCRB AGENDA - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.dgard-or.gov ( Page 4 of5 9:25 PM 9. CONSIDER TIGARD MUNICIPAL CODE AMENDMENTS REFLECTING SENATE BILL 915 REQUIREMENTS FOR CIVIL PENALTIES FOR BUILDING CODE VIOLATIONS • Staff Report: Community Development Department • Council Consideration of Ordinance No. 09-16 10. COUNCIL LIAISON REPORTS 11. NON-AGENDA ITEMS 9:30 PM 12. ADJOURNMENT I: \ADM\CATI-IY\CCA\2009\0912080Uusiness.doc TIGARD CITY COUNCIL/LCB AGENDA - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 `vww.tigard-or.gov Page g ofg City of Tigard, Oregon Affidavit of Posting In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) a'V-16 gym I ai 'v r being first duly sworn (or affirmed), by oath (or affirmation), depose and sa . That I postediinn the following public and conspicuous places, a copy of Ordinance Number(s) i r r 7 0 0 r A."ch were adopted at the City Council meeting of -~!O` with a copy(s) of said Ordinance(s) being hereto attached and by refer ce made apart hereof, on the day ofI~GG' !Y! ~~~'6 20 U 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon . Signature erson who Performed Posting~/ -t-h Subscribed and sworn (or affirmed) before me this I 1 - day of l~r-e,k2a ~ 20 Cam. OFFICIAL SEALGL CA ® TLS Signature of Notary Public for Oregon MY COMMISSION 6(kF ES AUG. 04 2MI I:btlm~celtryYOmns~posloN4wnce 2006.tloc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.09- AN ORDINANCE AMENDING 15.20 OF THE TIGARD MUNICIPAL CODE, WHICH ESTABLISHED A STREET MAINTENANCE FEE TO PROVIDE A FUNDING SOURCE FOR MAINTENANCE OF CITY STREETS. WHEREAS, Ordinance No. 03-10 established a Street Maintenance Fee structure and added Chapter 15.20 to theTigard Municipal Code; and WHEREAS, the Street Maintenance Fee structure was developed to fund the Pavement Management Program; and WHEREAS, the Pavement Management Program has been updated based on the overall condition of the street infrastructure and the costs needed to implement that plan have been determined; and WHEREAS, maintenance of the street right-of-way including medians on City streets is an important part of making Tigard an attractive place to conduct business, live, and be "A Place to Call Home"; and WHEREAS, there is a need to add right-of-way maintenance of collector and arterip] streets as part of Ale scope of the Pavement Management Program as defined in Chapter 15.20; and WHEREAS, the cost of implementing the revised Pavement Management Program has increased significantly since originally implemented, and WHEREAS, the cost and scope of the Pavement Management Program has significantly increased; and WHEREAS, City Council has defined an annual inflation factor is needed to ensure that the Pavement Management Program funding keeps pace with construction and labor costs and should be incorporated in Chapter 15.20; and WHEREAS, revisions to Chapter 15.20 are needed to reflect the desired changes and to provide a basis for systematic review of the program and fees annually, and reflects changes in designated administrative officers. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Sections 15.20.020 and 15.20.050 of the Tigard Municipal Code are hereby repealed. SECTION 2: The following provisions are hereby adopted in substitution for the code sections repealed by Section 1 of this Ordinance. Section 15.20.020 Definitions. As used in this ordinance, the following shall mean: (1) Public Works Director. The Public Works Director or the Public Works Director's designee. (2) Developed property or developed use. A parcel or legal portion of real property, on which an'improvement exists or has been constructed. Improvement on developed ORDINANCE No. 09- {L f Page 1 property includes, but is not limited to buildings, parking lots, landscaping and outside storage. (3) Finance Director. The Finance ° T aU %a Ddtector or the-Fisattee e designee. (4) Residential Property. Property that is used primarily for personal, domestic accommodation, including single family, multi-family residential property and group homes, but not including hotels and motels. (5) Non-residential Property. Property that is not primarily used for personal, domestic accommodation. Non-residential property includes industrial commercial, institutional, hotel and motel, and other non-residential uses. _ (6) Street Functional Classification. Street classifications as described in the Tigard Transportation System Plan. a. Arterials ate defined as streets having regional level connectivity. These streets link major commercial, residential, industrial and institutional areas. b. Collectors are defined by citywide or district wide connectivity. These streets provide both access and circulation within and between residential and commercial/industrial areas. c. Neighborhood routes are defined as streets that provide connections within the neighborhood and between neighborhoods. These streets provide connectivity to collectors oratted2ls. d. Local Commercial/Industrial Streets are those streets within the City that are not designated as arterials, collectors, or neighborhood routes and whose primary function is serving traffic to and from commercial and/or industrial (ie. non- residential) uses. e. Local streets are any streets within the City that are not designated as arterials, collectors, neighborhood routes or identified as Commercial/Industrial streets. These streets have the sole function of providing access to immediately adjacent land. (7) Parking space requirement The minimum Off-Street parking requirement as required by Community Development Code Chapter 18.765. (8) (9) Occupied unit Any structure or any portion of any structure occupied for residential, commercial, industrial, or other purposes. For example, in a multi-family tesidenttal development, each dwelling unit shall be considered a separate occupied unit when ORDINANCE No. 09-) y Page 2 occupied, and each retail outlet in a shopping mall shall be considered a separate occupied unit An occupied unit may include more than one structure if all structures are part of the same dwelling unit or commercial or industrial operation. For example an industrial site with several structures that form an integrated manufacturing process operated by a single manufacturer constitutes one occupied unit. Property that is undeveloped or, if developed, is not in current use is not considered an occupied unit (10) Responsible party. The person or persons who by occupancy or contractual arrangement are responsible to pay for utility and other services provided to an occupied unit Unless another party has agreed in writing to pay and a copy of the writing is filed with the City, the person(s) paying the City's water and/or Sewer bill for an occupied unit shall be deemed the responsible party as to that occupied unit For any occupied unit not otherwise requited to pay a City utility bill, "responsible party" shall mean the person or persons legally entitled to occupancy of the occupied unit, unless another responsible party has agreed in writing to pay and a copy of the writing is filed with the City. Any person who has agreed in writing to pay is considered the. responsible person if a copy of the writing is filed with the City. (11) Street maintenance. Any action to maintain City streets, including repair, renewal, resurfacing, replacement and reconstruction. Street Maintenance does notinclude the construction of new streets or street lighting. Street maintenance 'shall include. resurfacing of existing streets, repair or replacement of curb and'giitter Where they ' exist, repair or replacement of the entire existing street structural section, repair or replacement of existing street shoulders, pavement markers, striping and other street markings, repair or replacement of existing channelization devices, adjustment of existing utilities to match finish grades, and any other related work within the existing streets. It includes repair or restoration of existing storm drainage systems within existing streets, but does not include installation of new drainage systems. It includes right-of-way maintenance on the City's arterial and collector streets, which covers maintenance and enhancement of planting strips, medians and areas between sidewalks and property lines on these street to prevent the uncontrolled growth of weeds and other undesirable vegetation in these areas. It does not include repair or replacement of existing sidewalks. Section 15.20.030 Administrative Officers Designated (I) Except as provided in subsections (2) and (3) of this section, the Public Works Director shall be responsible for the administration of this chapter. The Public Works Director shall be responsible for developing administrative procedures for the chapter, administration of fees, consideration and assignment of categories of use, and parking space requirements for the categories of use subject to appeal to the City Council. (2) The Public Works Director shall be responsible for developing and maintaining street maintenance programs for the maintenance of City streets and, subject to City Budget Committee review and City Council approval, allocation and expenditure of budget resources for street system maintenance in accordance with this chapter. ORDINANCE No. 09-J1 f Page 3 (3) The Finance Director shall be responsible for the collection and calculation of fees and the appeals process under this chapter. Section 15.20.040 Street Maintenance Fees Allocated to the Street Maintenance Fee Fund. (1) All street maintenance fees received shall be deposited to the street maintenance fee fund or other fund dedicated to the operation and maintenance of the City street system The street maintenance fee fund shall be used for street maintenance. Other revenue sources may also be used for street maintenance. Amounts in the street maintenance fee fund may be invested by the Finance Director in accordance with State law. Earnings from such investments shall be dedicated to the street maintenance fee fund (2) The, street maintenance fee fund shall not be used for other governmental or proprietary purposes of the City, except to pay for an equitable share of the City s overhead costs including accounting, management and other costs related to management and operation of the street maintenance program. Engineering design, construction management, and other related costs, including project advertisements for bid, in the implementation of the street maintenance projects shall also be considered as being used for street maintenance. Section 15.20.050 Determination of Street Maintenance Fee. (1) The Street Maintenance Fee shall be established based on the following. (a) The City's 5 -year maintenance and reconstruction plan for corrective and preventative maintenance of the City's street infrastructure. (b) The average annual cost based on the 5-year maintenance and reconstruction plan with costs allocated as follows: (i) Arterial maintenance costs allocated 100% to non-residential uses. (u) Local Commercial/Industrial street maintenance costs allocated 100% to non-residential uses. (tit) Collector maintenance costs allocated 50% to residential uses and 50% to non-residential uses. (iv) Neighborhood routes and local street maintenance costs allocated 100% to residential uses. (c) For residential property, the fee shall be charged on a per unit basis. (d) For non-residential property other than gasoline stations, the fee shall be based on the minimum number of parking spaces required by Chapter 18.765 of the Tigard Community Development Code for each occupied unit, provided however that the maximum number of parking spaces for purposes of calculating the Street Maintenance Fee shall be five and the ramimem atimb , eh&,4~6-.~250. ORDINANCE No. 09-Iq Page 4 L_In that non-residential property with fewer than 6 required spaces shall constitute a tier with a fifty percent reduction. In recognition that religious institutions have minimum parking space requirements that are relatively large in comparison to the actual use of those spaces, the fee for religious institutions shall be based on one-half of the minimum parking space requirements for each religious institution. (g~ The Street Maintenance Fee for gasoline stations shall be based on the number of fueling positions. (2) The Street Maintenance Fee rates shall be established by Council resolution: _ (3) Beginning January 1, 2010, the fee for the Pavement Management Program will be phased in over three years. The street surface portiott of He PMP will be phased in over all three years. The right-of-way portion he ?W- be phased in over the last two years. (4) The Street Maintenance fee will be adjusted according to an annual index•tbat is calculated based on a combination of the following indices: (a) The Oregon Composite Construction Cost index reflecting the,cost of materials" (weighted 650/6). (b) The U.S. Bureau of Labor Statistics Employment cost Index for Private Industry Workers, by Occupational Group and Industry, Construction Group reflecting the cost of Labor (weighted 35%). (c) A-floo ° ° and a.cei111tg of 10°~ h°s b eu estabN h d based ott a co osite a bg1h inkm listed above The indices will be applied in the second and third yeaU the &M * ®°'n d bear thereafter. {3jj6LThe program shall be reviewed annually as part of the City's budget process. {6) )-Following each review of the program, the Finance Director shall review the revenue received from the new rates after a full year of collection to determine if the annual revenues meet the annual funding level set from the updated 5-year Street Maintenance Plan. The Finance Director shall report the findings of that review to City Council and may make recommendations on any potential fee increases or decreases based on that review. Any unspent funds will be placed in a reserve fund. Section 15.20.060 Determination of Amount. B'lli_ m and Collection of Fee. (1) The minimum required number of parking spaces or the number of fueling positions for each occupied unit of nonresidential property shall be determined by the Public Works Director. For uses not explicitly listed in the Tigard Development Code as to required parking, the Public Works Director shall assign the use to the most similar ORDINANCE No. 09- (tf Page 5 category, considering at least the following factors as well as any other relevant information. (a) The size of the site and the building, (b) The number of employees; (c) Other developed sites with similar use. (2) The Public Works Director shall establish the amount of street maintenance fee payable for each unit of nonresidential property and shall inform the Finance Director of the amount The amount payable shall be re-determined if there is a change in use or development All redetermination based on a change- in use or development shall be prospective only. The Finance Director shall charge-the per-unit street maintenance fee to the responsible party for each occupied unit of residential property. (3) The street maintenance fee shall be billed to and collected from the responsible party for each occupied unit Billings shall be included as part of the bimonthly water and sewer bill for occupied units utilizing City water and/or sewer, and billed and collected separately for those occupied units not utilizing City water and/or sewer. All such bills shall be rendered bimonthly by the, Finance Director and shall become due and payable upon receipt (4) Collections from utility customers will be applied first to interest and penalties, then proportionately among the various charges for utility services and street maintenance. (5) An account is delinquent if the street maintenance fee is not paid by the due date shown on the utility bill. The City may follow the procedures for collection of delinquent accounts set forth in Section 12.03.030 and/or 12.03.040, including termination of water and/or sanitary sewer service. Section 75.20.070 Waiver of Fees in Case of Vacancy. (1) When' any developed property within the City becomes vacant as described in Subsection 3, upon written application and approval by the Finance Director, the street maintenance fee shall thereafter not be billed and shall not be a charge against the property. (2) The Finance Director is authorized to cause an investigation of any property for which an application for determination of vacancy is submitted to verify any of the information contained in the application. The Finance Director is further authorized to develop and use a standard form of application, provided it shall contain a space for verification of the information and the person signing such form affirms under penalty for false swearing the accuracy of the information provided therein. (3) For purposes of this section, a unit of property is vacant when it has been continuously unoccupied and unused for at least thirty (30) days. Fees shall be waived in accordance with this section only while the property remains vacant Any ORDINANCE No. 09- j t/ Page 6 occupancy or use of the property terminates the waiver. The City may charge any property with the appropriate street maintenance fee, including charges for prior billing periods, upon determining by whatever means that the property did not qualify for waiver of charges during the relevant time. The decision of the Finance Director under subsection (1) and (2) shall be final. Section 15.20.090 Administrative Provisions and Anne (1) The Public Works Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this chapter and to determine the appropriate charges thereunder. The responsible party for an occupied unit may request reconsideration of the Public Works Director's determination of the amount of the fee by submission of a written application to the Public Works Director. The application shall be submitted in sufficient detail to enable the Public Works Director to render a decision. (2) Within 30 days of the submission of a complete application requesting reconsideration of the amount of the street maintenance fee to be charged to an occupied unit, the Public Works Director shallrender a decision on the application. The decision shall be written and shall include findings of fact and conclusions for the particular aspects of the decision, based upon applicable criteria. A copy of the decision} shall be mailed to the person submitting the request The Public Works Director shall maintain -a collection of such decisions. Decisions of the Public Works Director,•which affect.tbe amount of fee to be charged to a property, shall be forwarded to the Finance Director. Except as provided under subsection (4) of this section, the decision of the Public Works Director is final. (3) The Public Works Director may determine that the land use category is proper and that the fee charged is appropriate. However, if the decision of the Public Works Director results in a chaff in the category of land use, the Public Works Director shall assign a new use category, determine the appropriate fee for the category, and notify the Finance Director so that the appropriate change may be made in the applicable fee to be charged in the future. No back charges or refunds shall be allowed. The decision of the Public Works Director under this subsection (3) only, may be appealed. (4) Council may form a subcommittee consisting of two Council members, or appoint a committee of disinterested citizens, hereinafter known as the Appeal Committee, to address any appeals to the Public Works Director's decisions. A responsible party who disputes the determination of the Public Works Director as to use category or number of required parking spaces may file a written appeal with the Appeal Committee. All appeals must be submitted within ten (10) days from the date of the Public Works Director's decision, together with a filing fee in an amount set by Council by resolution. The application for appeal shall specify the reasons for the appeal and shall provide sufficient information for the Appeal Committee to render a decision. No other appeals shall be permitted. (5) The Appeal Committee shall schedule a review of each appeal and shall notify the 'appellant not less than ten (10) days prior thereto of the date of such review. The Appeal Committee shall conduct a hearing to determine whether there is substantial ORDINANCE No. 09- ~y Page 7 evidence in the record to support the interpretation given by the Public Works Director and may continue the hearing for purposes of gathering additional information bearing on the issue. The Appeal Committee shall render an initial oral decision and shall adopt a final written decision together with appropriate findings in support thereof The decision of the Appeal Committee shall be limited to whether the appellant has been assigned to the appropriate use category, or whether the appropriate minimum parking space requirement or number of fueling positions has been correctly identified. If the Appeal Committee should determine that a different use category should be assigned, or that the minimum parking space requirement should be revised, it shall so order, provided no refund of prior street maintenance fees shall be given. Only where the Committee decision results in a change in use category and/or chi in the minimum parking space requirement will the filing fee on the appeal be refunded. The Appeal Committee decision shall be finaL - Section 15.70.090 Administrative Policies. (1) The following policies shall apply to the operation and scope of this chapter. (a) Street maintenance fees imposed under this chapter shall apply to all occupied units, occupied units owned and/or occupied by local, state and 'federal governments, as well as property which may be entitled to',exemption from or deferral of ad valorem property taxation. (b) Publicly owned park land, open spaces and greenways shall not be subject to the street maintenance fee unless public off-street parking designed to accommodate the use of such areas is provided. (c) Areas used for commercial farmin or forestry operations shall be billed according to the use of any structures on the site. Where a site is used exclusively for fanning or forestry and not for residential or commercial uses, the site shall not be subject to the street maintenance fee. Where there are different seasonal uses of structures on fame or forest land, the use category shall be determined by examining the use for the longest portion of the year. Where more than one use is made of a rminn or forestry site, then each use shall be examined separately and combination of use categories shall be used to determine the street maintenance fee. (d) Areas encompassing railroad and public right-of-way shall not be subject to the street maintenance fee. (e) Railroad property containing structures, such as maintenance areas, non-rolling storage areas and areas used for the transfer of rail transported goods to non- rail transport shall be subject to street maintenance fees. (f) For newly developed properties, the fees imposed under this chapter shall become due and payable from and after the date when the developed property is connected to the public water or sanitary sewer system. ORDINANCE No. 09-1 `f Page 8 (2) The Public Works Director is authorized and directed to review the operation of this chapter and, where appropriate, recommend changes thereto in the form of administrative policies for adoption of the City Council by resolution. Administrative policies are intended to provide guidance to property owners, subject to this chapter, as to its meaning or operation, consistent with policies expressed herein. Policies adopted by the Council shall be given full force and effect, and unless clearly inconsistent with this chapter shall apply uniformly throughout the City. (3) If an occupied unit of nonresidential property is used for more than one use with different minimum parking requirements, the street maintenance fee shall be based on the requited parking for the total of the various uses. SECTION 3: All other sections in Chapter 15.20 remain the same. _ SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this t'tlay of rt 2009. Carol A. K ag r, Deputy City Recorder APPROVED: Approv c} a onn City 9;ezz /z Date ORDINANCE No. 09- ty Page 9 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09- /5' AN ORDINANCE WITHDRAWING TERRITORY FROM THE TUALATIN VALLEY WATER DISTRICT SUBSEQUENT TO ANNEXATION TO THE CITY OF TIGARD WHEREAS, from 1967 to 1976, the City annexed into the City of Tigard the tracts of land described in Exhibits A, B-1 and B-2, attached hereto and hereby incorporated by reference and depicted on the attached map; and WHEREAS the tracts of land described in Exhibits A, B-1 and B-2 were not withdrawn from the Tualatin Valley Water District at the time of annexation (10/11/67 through 1/2/76) or at any subsequent time; and WHEREAS, the City desires to withdraw from the Tualatin Valley Water District the tracts of land described in Exhibits A, B-1 and B-2; and WHEREAS the City currently provides all services to the tracts of land described in Exhibits A, B-1 and B-2; and WHEREAS the City and District both recognize the need to provide legal clarification of the existing service area boundaries, annexations, and any prior agreements known and unknown between the two parties through the action of formal withdrawal; and WHEREAS, ORS 222.520 provides that such withdrawals may be processed at any time after annexation to the City; and WHEREAS, on the 26th day of November, 2009, and 3rd day of December, 2009, the City published and posted Notices of Hearing as required by ORS 222.524(2); and WHEREAS, on the 8°i day of December, 2009, the City held a hearing as required by ORS 222.524(1) for the purpose of hearing objections to the withdrawal and determining whether such withdrawal is in the best interest of the City; now, therefore, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The tracts of land described in Exhibits A, B-1 and B-2 depicted on the attached map, are declared to be withdrawn from the Tualatin Valley Water District. SECTION 2: The City Recorder shall immediately file a certified copy of this Ordinance with Metro and other agencies required by Metro Code. SECTION 3: This ordinance shall be effective on the I" day of July, 2010, as provided by ORS 222.465. Page 1 - ORDINANCE NO G r PASSED: By ZJ/IZCG//um~t~ vote of all Council members present after being read by number and title only, this _V"- day of ZQ44~09. Carol A. Krager, Deputy City Recorder APPROVED: By Tigard City Council this day of 409G - 2009. 6 Approved as to form- - Craig Dirksen, Mayor Tim Ramis, City Attorney Date Page 2 - ORDINANCE NO 0 ( - / Exhibit A Tualatin Valley Water District Served by City of Tigard EXHIBIT B-1 ~ } 8T' - ` a{ f10-R^b'T) ~ rau>, _ i~ A ORD 6 - ' fist-4- D) 70) DC.3 . 6.29 (5 1 OR 136 IORD. as-59 ' ' 689 -16• (tl-.S-bB) . r l14 N.g y JJZeJ v! t 9 ~ y ss ti ~ < vm 4t ~ _ aae 4 w ' 'v I~IR a + ~ i t I i 1 ,an n• - e rn r+ i l 67- 4 RD. 66-16 9 21-671 c ORDL6 - ' • . F$ (2-14 \ 91 o :i aw+n.u ;j OR . 67.46 axuo ORD, ST-B4 C'tai as I i - '9Oa BA.. 22 til-T-sea ~ I ORD. 66-18 1.) ORD. 8B-BB f JI-.8-BR3 B.C. 363 (6-224-72) M R ate u•4x _ m ° ORD. 6B-31 @g 9 It (6-23-6D] . is-. ~ ry EXHIBIT B-2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09- /6 AN ORDINANCE TO ADOPT VIOLATION PROCEDURES AND REMEDIES FOR THE BUILDING CODE ORDINANCE, AMENDING SECTION 14.04.090 OF THE TIGARD CODE AND ADOPTING NEW PROCEDURAL SECTIONS, 14.04.095 AND 14.04.098 WHEREAS, City of Tigard, Oregon, administers specialty codes and building requirements adopted by the state; and WHEREAS, Senate Bill 915, passed by the state legislature in 2009, amends provisions with respect to the enforcement of the building code; and WHEREAS, the legislature found that enforcement of the state building code in a fair, equitable and uniform manner throughout the state was a matter of statewide concern. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 14.04.090 of the Tigard Municipal Code is hereby amended to read as follows: (underlined words to be added, words stticken-through to be deleted)' "14.04.090 Violation--Penalty--Remedies. 1. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, occupy or maintain a building or structure in the City, or cause the same to be done contrary to or in violation of this chapter. 2. No person shall install, alter, replace, improve, convert, equip or maintain any mechanical equipment or system in the City, or cause the same to be done contrary to or in violation to this chapter. 3. No person shall install, alter, replace, improve, convert, equip or maintain any plumbing or drainage piping work or any fixture or water heating or treating equipment in the City, or cause the same to be done contrary to or in violation of this chapter. 4. No person shall install, alter, replace, improve, convert, equip or maintain any electrical equipment or system in the City, or cause the same to be done contrary to or in violation of this chapter. 5. Violation of a provision of this Chapter shall be subject to an administrative civil penalty of not more than $5,000.00 for each offense or, in the case of a continuing offense not more than $1,000 for each day of the offense and shall be processed in accordance with the procedures set forth in Section 14.04.095. ORDINANCE No. 09-16 Page 1 6. Each day that a violation of a provision of this chapter exists constitutes a separate violation. 7. Notwithstanding the other remedies in this chapter, if the Building Official determines that any building under construction, mechanical work, electrical work, or plumbing work on any building or any structure poses an immediate threat to the public health, safety or welfare, he may order the work halted and the building or structure vacated pending further action by the City and its legal counsel. 8. The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available under City ordinance or state statute, prosecuted in Tigard Municipal Court." SECTION 2: A new section, 14.04.095, is hereby adopted. Section 14.04.095 shall read as follows: "14.04.095 Building Official - Authority to Impose Administrative Civil Penalty. 1. In addition to, and not in lieu of, any other enforcement mechanism authorized bv_ this code upon a determination by the building official that a person has violated a building or property at which the violation occurs may include the owner as wellbuilding official may issue a notice of civil violation to one or more of the responsible persons to correct the violation Except where the building official determines that the violation poses an immediate threat to health safety, environment, or public welfare the time for correction shall be not less than five calendar days. 3. Following the date or time by which the correction must be completed as required by an order to correct a violation, the building official shall determine whether such correction has been completed. If the required correction has not been completed by the date or time specified in the order, the building official may issue a notice of civil violation to each person to whom an order to correct was issued. 4. Notwithstanding subsection (2) above, the building official may impose a civil penalty without having issued an order to correct violation or made attempts to secure voluntarv correction where the building official determines that the violation was knowing or intentional or a repeat of a similar violation. 5. In imposing a penalty authorized by this section, the building official shall consider: a The person's past historv in taking all feasible steps or procedures necessary or appropriate to correct the violation; b. Any prior violations of statutes, rules, orders, and permits; ORDINANCE No. 09- 6 Page 2 c The gravity and magnitude of the violation; d Whether the violation was repeated or continuous; e Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act; f The violator's cooperativeness and efforts to correct the violation; and g_AW relevant rule of the building official. shall be deemed received for p=oses of any time computations hereunder three davs a .'A description of the alleged violation including anv relevant code provision numbers ordinance numbers or other identif Wg references; b A statement that the City intends to assess a civil penalty for the violation and states the amount of the civil penalty: c A statement that the party may challenge the assessment of a civil penalty; and building official or building inspector. The provisions of Section 14 04 098 of this code 8 A civil penalty imposed hereunder shall become final upon expiration of the time for 14.04.098. If the responsible person appeals the civil penalty to the City Manager or City Manager's designee the penalty shall become final if at aU; upon issuance of the City Manager or CitManager's designee's decision affirming the imposition of the administrative civil penalty. 9 Each day the violator fails to remedy the code violation shall constitute a separate violation. 10 Failure to pay a pew alty imposed hereunder within ten days after the penalty becomes final as provided in subsection (8) shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The building official also is authorized to collect the penalty by any administrative or judicial action or ORDINANCE No. 09- / 6 Page 3 proceeding authorized by subsection (11) below, other provisions of this code, or state statutes. The civil penalty authorized by this section shall be in addition to: a. Assessments or fees for any costs incurred by the City in remediation, cleanup, ox abatement, and b Any other actions authorized by law. 11. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property and the penalty remains unpaid 30 days after such penalty become final the building official shall assess the prWeerty the full amount of the unpaid fine and shall enter such an assessment as alien in the docket of City liens. At the time such an assessment is made, the building official shall nodfy the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the docket of City liens. The lien shall be enforced in the same manner as liens established by judgment of a Hearings Officer pursuant to Section 1.16.370 of this code, except that the building official shall be substituted for the Hearings Officer and a civil penalty shall be substituted for a judgment. The interest shall commence from the date of entrv of the lien in the lien docket. 12 In addition to enforcement mechanisms authorized elsewhere in this code failure to pay an administrative civil penalty imposed pursuant to subsection (1) of this section certificates of occupancy. SECTION 3: A new section, 14.04.098 hereby adopted. Section 14.04.095 shall read as follows: "14.04.098 Appeal Procedures. 1 A_person aggrieved by an administrative action of the building official taken pursuant to a section of this code authorizing an appeal under this section may, within 20 days after the date of notice of the action, appeal in writing to the building official. The appeal shall be accompanied by an appeal fee as established by the City and shall state: a. The name and address of the appellant: b. The nature of the determination being agpealedz c. The reason the determination is incorrect: and d What the correct determination of the appeal should be. ORDINANCE No. 09- Page 4 this section, the appeal fee is not refundable. 2. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this pars ra h, an emergency suspension shall take effect upon issuance of, or such other time stated in the notice of suspension. 3. Unless the appellant and the City agree to a longer period, an appeal shall be heard by the City Manager or City Manager's designee within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant. 4. The City Manager or City Manager's designee shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the City Manager or City Manager's designee deems appropriate. At the hearing, the appellant 5. The City Manager or City Manager's designee shall issue a written decision within 10 days of the hearing date. The decision of the City Manager or City Manager's designee appeal was not frivolous." PASSED: By Tim iG~~I1(/~n4HAi vote of all Council members j'resent after being read by number and title only, this f day of~2009. Carol A. Krager, Deputy City 19corder APPROVED: By Tigard City Council this day of 2009. e~ Craig Dirksen, Mayor Ap roved as to form: / ~ t c City Attorney V !o`t - .200 5 Date ORDINANCE No. 09- j Page 5 City of Tigard Study Session - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: December 8,2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 I'M EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (i) the performance evaluation of the chief executive officer pursuant to standards, criteria, and policy directives adopted by the governing body. 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. • City Attorney Review STUDY SESSION Discuss Tigard Municipal Code Amendments reflecting Senate Bill 915 requirement for Civil Penalties for Building Code Violations -Community Development Department. (Attached) Information for Tonight's Business Agenda: • Consent Agenda Item 4.7 - Staff has determined it to be premature and has pulled this item off of the agenda. ■ Additional public comment was received after the September Workshop meeting or Agenda Item 6 - Public Hearing - Revised Street Maintenance Fee (Attached) • Administrative Items: • December 22, 2009 Goal Setting Meeting is at Fanno Creels House, 1-5 p.m. - Where do you want to go for dinner afterwards? • Workshop Meeting logistics will be changing as requested by Mayor Dirksen. • January 11, 2010 Joint Meeting with Lake Oswego City Council will be held at the West End Building, 4101 Kruse Way, Lake Oswego, Sandam. Room - Dinner at 6:00 p.m. - Meeting at 7:00 p.m. • There is an Inter-faith Mayor's Luncheon on Thursday, February 18, 2010 from 11:30 a.m.-1:00 p.m. at PCC Rock Creek Event Center. Mayor Dirksen cannot attend. Is anyone else available? TIGARD CITY COUNCIL STUDY SESSION AGENDA - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 Executive Session- The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is cloyed 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 perudr ung to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660(2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation Nvith counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660(2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (1.)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. 1+\nnn1\cmhy\cCA ss - Pmi, snca \M9/nsmm.am TIGARD CITY COUNCIL STUDY SESSION AGENDA - December 8, 2009 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 Agenda Item No. ~6r t~ Meeting of 17ce_ ~DO~ MEMORANDUM TO: Mayor Craig Dirksen and Members of Tigard City Council FROM: Mark VanDomelen, Building OfficialP RE: REQUIREMENTS OF SENATE BILL 915 (SB915) FOR CIVIL PENALTIES FOR BUILDING CODE VIOLATIONS DATE: November 24, 2009 New legislation, effective January 1, 2010, requires an administrative, rather than judicial, process to challenge civil penalties for building code violations. At the December 811, Business Meeting, Council will be asked to adopt an ordinance to amend the Tigard Municipal Code (TMC), aligning it with the new legislative requirements. The City Attorney's office has drafted the ordinance to amend the TMC and has worked with the League of Oregon Cities to achieve consistency in the way the new process will be administered throughout the state. The ordinance will establish the administrative process and limit the amount of civil penalty assessed to the amount authorized under ORS 455.895 for an equivalent specialty code violation. The ordinance has an emergency clause because the required January 1 effective date is less than 30 days from the anticipated adoption date. There are no direct costs associated with this recortunendation. Any additional staff time required for this new administrative process will be covered by currently budgeted staff. cc: Craig Prosser, City Manager Ron Bunch, Community Development Director 75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session Enrolled Seagate Bill 915 Sponsored by Senator MORSE CHAPTER AN ACT Relating to the regulation of structures. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 455. SECTION 2. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern. (2) If a municipality administers a building inspection program under ORS 455.148 or 455.150, a monetary penalty assessed under the program for a violation must be assessed as a civil penalty. This subsection does not prohibit a municipality from charging a violator an increased permit fee or investigative fee, seelung injunctive relief from a violation or taldng any enforcement action that does not include a monetary penalty. This subsection does not limit the terms or conditions of any voluntary agreement for the resolution of a violation. (3) A municipality may not assess a civil penalty for a violation under a building in- spection program unless the municipality provides to the party that is subject to the civil penalty: (a) Notice that: (A) Describes the alleged violation, including any relevant code provision numbers, ordi. nance numbers or other identifying references; (B) States that the municipality intends to assess a civil penalty for the violation and states the amount of the civil penalty; (C) States that the party may challenge the assessment of a civil penalty; and (D) Describes the means and the deadline for informing the municipality that the party is challenging the assessment of the civil penalty; and (b) A municipal administrative process other than a judicial proceeding in a court of law, that affords the party an opportunity to challenge the civil penalty assessment before an individual, department or body that is other than the municipality's building inspector or building official. (4) If the municipality assesses a civil penalty for a violation under a building inspection program, the amount of the civil penalty assessed for the violation may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895. (5) The costs incurred by a municipality in providing notice and administrative process under this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. Enrolled Senate Bill 916 (SB 915-A) Page 1 SECTION 3. Section 2 of this 2009 Act applies to a civil penalty assessed on or after the effective date of this 2009 Act for a violation occurring before, on or after the effective date of this 2009 Act. Passed by Senate May 4, 2009 Received by Governor: 2009 Secretary of Senate Approved: 2009 President of Senate Passed by House June 2, 2009 Speaker of House Filed in Office of Secretary of State: 2009 Governor Secretary of State Enrolled Senate Bill 916 (SB 915-A) Page 2 Agenda Item No. . I Meeting of aA., - 1-3, G City of Tigard Tigard Business Meeting - Minutes TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: December 8,2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 STUDY SESSION Council Present: Mayor Dirksen, Councilor Webb, Councilor Buehner, Councilor Henderson and Council. President Wilson Staff Present: City Manager Prosser, Assistant City Manager Newton, Public Works Director Koellerineier, Finance and Information Services Director LaFrance, Corr mwuty Development Director Bunch, Building Official VanDomelen, Deputy City Recorder Ktager Mayor Dirksen called the Study Session to order at 6:30. Tigard Municipal Code Amendment - Building Official VanDomelen said a proposed amendment to the Tigard Municipal Code reflecting Senate Bill 915 requirements for civil penalties for Building Code violations would be considered during the Business meeting. He said it was a housekeeping issue that brought the City's Code in line with legislative changes to be effective January 1, 2010. He said a fee would need to be added to the City's Master Fees and Charges Schedule. City Manager Prosser said this can be reviewed when that Schedule is considered as part of the amlual budget process. • At 6:37 PM City Manager Prosser noted that Agenda Item 4.7 - Snppolt Subl)iission of a Letter of Intent to Metno 1vhich is Roqu red for Subviisslon of a Giant Application to 1'neselve and Enbance A$ondable Housing at 7igal d's Halvthome Villa had been removed from the agenda. • City Manager Prosser said additional written communications regarding the street maintenance fee had been received and that there was also additional information from Finance and Information Services Director LaFrance in Council's Study Session packet. A location for dinner after the December 22, 2009 Council Goal Setting meeting was discussed and Cafe Allegro was selected. TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 1 13125 SW Ball Blvd., Tigard, OR 97223 503-639-4171 w«nv.tigard-or.gov Page 1 of21 At 6:40 PM City Manager Prosser announced that the Tigard City Council would enter into an Executive Session under ORS 192.660(2) (i) to review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member. Executive Session adjourned at 6:58 PM. STUDY SESSION CONTINUED Councilor Henderson asked about Consent Agenda Item No. 4.3 - AppizoUe Resolrrlion ofNeeessity for the Gf elrGiag IZoael/Ilighivay 991V/Maila Siteel 1werreeliolr Ii) imemela Piv, jest, and why obtaining the right-of-way wasn't being done by Washington County. City Manager Prosser said it was the City's responsibility. Mayor Dirksen said the property owners will see a benefit as they can defer taxes on capital gains. Councilor Henderson expressed concern and asked if this matter would come back before Council at a later date. Mayor Dirksen said if the process goes smoothly and costs are within the adinu2istrative level, there was no requirement for it to come back before Council. The Study Session adjourned at 7:01 PM and Council recessed until the beginning of the Business Meeting. BUSINESS MEETING 1.1 At 7:30:34 PM Mayor Dirksen called the City Council meeting to order. 12 Deputy City Recorder Krager called the roll. Present Councilor Webb ✓ Council President Wilson ✓ Councilor Buchner ✓ Mayor Dirksen ✓ Councilor Henderson ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - none 1.5 Call to Council and Staff for Non-Agenda Items- none 2. CITIZEN COMMUNICATION Absent 7:31:57 Pal Tigard High School Student Envoy Taylor Friesen gave a report on current events at Tigard High School, covering academics, sports, arts and club activities. A copy of his report is on file in the City Recorder's office. 7:34:13 PM New Tigard Chamber of Corrunerce Chief Executive Officer Debi Monahan gave an update on upcoming Chamber events. She said planning has begun for the Shining Stars Civic Awards Banquet, which is scheduled for March 5, 2010. Citizen Communication - John Frewing, 7110 SW Lola Lane, Tigard, OR said he appeared before Cotmcil on August 11, 2009 and asked a similar question and is still awaiting a response. He asked what the effect is of the Clean Water Services Intergovernmental Agreement on Tigard's review of development. He said his observation is that Tigard does not review the Clean Water Services design and construction standards and only requires a service provider TIGARD CITY COUNCIL MINUTES - December S, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 -,vwtv.tigard-or.gov Page 2 of21 letter. He said these are arcane details but they do mare a difference. City Manager Prosser said Assistant Corrununity Development Director Hartnett is working on it and apologized for the delay in responding to lnirm. He said he willask Assistant Community Development Director Hartnett to call Mr. Frewing next week. Emily Gottfried signed up to speak on Agenda Item No. 3. - Human Rights Week and Human Rights Day, PROCLAMATION -HUMAN RIGHTS WEEK AND I IUNIAN RIGHTS DAY Mayor Dirksen proclaimed December 7-13 to be Human Rights Week, and December 10, 2009 as Human Rights Day. Ms. Gottfried introduced Laurie Stewart, also a member of die Human Rights Council of Washington County, a group with members from local and state governments, education, law enforcement, faith communities, service providers, community and county businesses who share a common concern for human rights. She said December 10 marls the 61" anniversary of the United Nations Declaration of Huinan Rights. She thanked dne City of Tigard for their,support in helping to commemorate this important occasion. Ms. Gottfried said the ~Iutnan Rights Council of Washington County lau ached a series of listening forums where local issues have been aired, such as housing discrimination, intimidation, employment intimidation and racial profiling. They recently began holding these forums at high schools. This year they sponsored the fast annual human fights poster contest. The grand prize winner was Sophia Qarnar and Council was given a copy of the poster. She noted that the posters can be seen on their website,,,i-%vw.liuinanrightstivashco org She also introduced Salina Hayeed, another member of the Hurnan Rights Council, who was in the audience. Follow-up to Previous Citizen Cornrnunication - none 4. CONSENT AGENDA - Mayor Dirksen announced that these items are considered routine and may be enacted in one motion without separate discussion. 4.1 Approve City Council Minutes for September 22 and October 20, 2009 4.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Canvass of Votes for City of Tigard Measure 34-166, Bond Issue to Preserve Natural Areas, and Develop Parks and Trails - November 3, 2009 4.3 Approve Resolution of Necessity for the Greenburg Road/Highway 99W/Main Street Intersection Improvement Project 4.4 Appoint Members to the City Center Advisory Cotnrnission 4.5 Appoint Members to the Planning Commission 4.6 Appoint Members to the Budget Cotnunittee T' Mayor Dirk sen noted that Itern 4.7 was removed from the agenda by staff and will not be pursued at this time. He asked any committee member appointees present to stand and receive recognition by Council. He thannked them for their willingness to get involved and said he looked forward to working with them. TIGARD CITY COUNCIL MINUTES - December S, 2009 City of Tigard 13125 SW Ball Blvd., Tigard, OR 97223 503-639-4171 tvw~v.tigard-ongov J Page 3 of21 7:45:26 PM Councilor Webb moved to approve the Consent Agenda. It was seconded by Council President Wilson. Mayor Dirksen called for the vote: Councilor Webb Council President Wilson Councilor Buchner Mayor Dirksen Councilor Henderson 5. Yes No x x x x x Motion to approve the Consent Agenda passed unanimously. UPDATE ON THE BURNI-IAM STREET IMPROVEMENT PROJECT 7:45:57 PM Engineer McMillan gave an update on die Burnham Street construction, presenting a brief PowerPoint highlighting project progress. A copy of die PowerPoint is on file in the City Recorder's office. She discussed public information efforts including a frill-page ad saying businesses are open during construction, website, signs, and an information flyer with a section promoting Burnham Street and downtown Tigard businesses. She said there is also n hotline card for people having construction issues after working hours, but to date she has not received any calls. She said coffee meetings are held Friday mornings at the Tigard Sub Shop that include herself, the Contractor, Construction Manager and any interested members of the public. She said Mike Marr and the TCBDA (Tigard Central Business District Association) sponsor these opportunities to corninumcate about the project schedule, answer questions and get ideas to post on the website. Councilor Henderson asked if they were still holding the Friday morning coffees. Engineer McMillan said they were and she hoped there would be enough interest throughout the project to continue them. LEGISLATIVE PUBLIC HEARING - REVISED STREET MAINTENANCE FEE a. At 7:52:01 PM Mayor Dirksen opened the public hearing. b. 7:52:10 PM City Attorney Ramis reviewed the heating procedures. He asked if there were any c. declarations or challenges. There were none. Mayor Dirksen asked if any Council member wished to declare or discuss a conflict of interest or abstain. None did. d. Finance & Information Services Director LaFrance gave die staff report, describing the purpose of the Street Maintenance Fee and what work has been done on the amendment process thus far. He said this was the eighth meeting held on tus subject. There were also eight monthly meetings of a citizen group, the Transportation Financing Strategies Task Force. Extensive public outreach included multi- media information prepared and presented by staff to the citizens and businesses of Tigard. Mr. LaFrance summarized the September 15, 2009 Council Workshop discussion where Council confittned: • The stated Pavement Condition Index (PCl) goal should be between 70-75. • A fee will be used to maintain die pavement management program. • The price of asphalt used for computation was determined. • How the cost will be split between residential and non-residential users • How the cost will be split between types of roads • The program cost will be indexed to allow keeping up with inflation TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-ongov Page 4 of21 In addition, Council recommended: • Change the cap for non-residential customers from 200 parking spaces to 250 • The floor of not being able to be charged for under five spaces be removed if a customer has less than five spaces. They will only be charged for the spaces they have. • The fee increase be phased in over a three-year period • The right-of-sway portion of the fee be phased in during the last two years • There would be a tier provided for businesses that require fewer than six parking spaces. Finance and Infoi7nation Services Director LaFrance referred to the Street Maintenance Crosswalk (Attachment 5 in the Council Meeting Packet) that summarizes each of these areas of direction and shows where in the ordinances and resolutions one can find that direction. He said the result of this direction is the ability to fund a pavement management program of $2.5 million per year -$2.2 million for pavement, phased in over a three-year period, and an additional amount of $300,000 for right-of-way maintenance on collectors and arterials only. He said the current fee for a residential customer is $2.18 per month and the fully phased-in amount after three years would be $6.01 per month. Commercial customers have a current fee of 78 cents per required parking space per month and once fully implemented will be charged $2.42 per parking space per month. He acknowledged that this discussion is happening during a tough economic time. He said Council's intention for the three-year phase-in was to provide time for businesses to work this into their business plan and also to allow the economy to start improving. He said by compromising on the implementation through the phase-in period, die City will not be able to reach its PCI goal within five years, as part of the original proposal; it will now take about nine years. 8:00:03 PM Councilor Buehner sought clarification that because tie City waited a year to do this and there is a phase-in that will take time, Tigard's average street level is in decline and won't turn around for a few years, even wide the increased street maintenance fee. Finance and Information Services Director LaFrance said that was correct. Council President Wilson asked if the street maintenance fee booklet created by staff was available on the website. Mr. LaFrance said it was. e. Mayor Dirksen opened the Public Testimony portion of the Hearing. Proponent Testimony - 8:03:17 PM Darlene Young, 15650 SW 114`x' Court, in the Surnrmerfield neighborhood of Tigard, spoke as a proponent. She said she is a nurse and has watched what happens to people when there is no preventive care, and how much more it costs to repair people later than it would have cost early on. She said Tigard has the sarne dung going on in the streets and right-of-way. She said she and her husband live on a fixed income and it is difficult to anticipate an increase in taxes but would rather pay the street maintenance fee and do without something else. She said she would rather have the streets fixed and have a gracious entry into the City. Mrs. Young said the right-of-way maintenance on Duuharn Road is particularly difficult for residents to maintain on their own outside the wall behind their property. She said she thought it would be less TIGARD CITY COUNCIL MINUTES - December S, 2009 City o[Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov IPage 5 of21 dangerous for a City truck to put out traffic cones and do the work on this busy street. She said, "Putting off maintenance leaves the problem for out children and grandchildren and would be irresponsible." Opponent Testiinony - 8:09:13 PM Tvlike Stevenson, owner of property and business at 9040 SW Burrnharn Street, Tigard, OR Mr. Stevenson complimented Engineer McMillan on doing a wonderful job and said the contractor on the BLu-nham Street project was bending over backwards to make sure property owners are treated fairly. He said he has volunteered to support downtown improvements and the commuter rail, has tried to worn. well with the City during property acquisition, and has even tried to repair relationships between Burnham property owners and the City. He said his point was that although he doesn't reside here he has tried to be a good citizen of Tigard. He said his Tigard business has seen a 20% reduction in revenue and lost 16 employees. Many of the remaining employees are on reduced hours. He said survival is on the mind of many small businesses and residents, all having to learn to do with less in this very stressful year. Yet the City is talkifig about raising taxes again, beyond the 3% that they've been raised each year. He said his business pays $23,669 to the City of Tigard. Mr. Stevenson said within three years he will have to pay a significantly increased traffic impact fee for 80 parking spots even though he only has 48. He said he did not dhink the way tl-~s is calculated and the way finis is happening is fair. He said City residents need to realize that big businesses are treated differently than small businesses. He asked, "How can we justify putting the greatest percentage on the backs of the small businesses again? How can the justify charging the "big boxes" less per spot knowing that they generate huge traffic numbers on our streets at all hours of the day?" He said the Tigard Central Business District Association (TCBDA) asked to have the City Enginneer listen to their many concerns about the tax increase but felt that little of what was mentioned appeared in the final report to Council. He asked Council if they want to have small businesses here and said the increase gives to hum the appearance that they do not want small businesses in Tigard. He said tine fiscally responsible thing to do is not raise die traffic impact fee on the business comtnunity. He said, "We are learning how to do with less in this very difficult tune and I am asking the City to do die same." 8:13:33 PM Councilor Bueluner replied that the City did listen to the TCBDA's concerns and for small businesses that don't have a high parking requirement, the fee is actually reducing. Mr. Stevenson responded that the City has his business listed for 80 parking spots and he would have to pay a Fee to challenge this. He said, "So I have to pay money to find out if you will charge me less." He suggested going back and finding less expensive ways to do things, similar to what was done wide die Burnham improvement project. 8:15:23 PM Amanda Dalton, representing the Northwest Grocery Association, P.O.Box 981, Salem, OR 97308. Ms. Dalton said the Association is the primary advocate for the grocery industry in Oregon and represents member retailers, wholesalers and suppliers. She said they understand fully the challenges facing local governments as they try to address serious transportation needs. Ms. Dalton reminded Council that they -worked with Tigard five years ago to draft and implement the current street maintenance fee. She said die Association remains corrunitted to supporting local cities in their critical road funding needs and would like to continue to be a supportive partner in the overall transportation funding plan. TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 6of21 Ms. Dalton said the Northwest Grocery members are willing to pay their fair share for road repair and believe the initial street mainntenance fee methodology and rates were a fair and efficient approach to providing for street repair and maintenance. She said they have significant concerns with proposed changes and increases to the street maintenance fee and emphasize that as proposed, their members will see an increase of almost 400%, without any inflation factor, which has been proposed as high as 10%, Their monthly fees increase from $156 per month today to over $600 a month in 2012, or over $7,600 a year. She said with their narrow profit margins this represents $760,000 iii new sales per store to cover the new fees. She said raising prices is their last resort as that is devastating to their customers in this economy. She said they propose a compromise and the following recorrunendations: 1. Increase the non-residential monthly base rate to $1.23 per parking space (58% increase). 2. Increase the residential base rate to $3.00 per month (38% increase). 3. Tie the street maintenance fee to a fixed annual growth rate of no more than 3%. 4. Any small business that does not have parldng pays a maximum of five spaces. The City would be prohibited from adjusting for square footage. 5. Any small uusiness with parking could request a pro-rated adjustment to reflect the vacancy rates without filing for fees. 6. Dedicate the projected $900,000 in new state gas tax revenues to street maintenance projects completed under the street maintenance fee starting in 2011. 7. Eliminate the new right-of-way prograrn priced at $300,000 annually. Ms. Dalton said that by using the above figures staff can compute a fait and equitable formula that will not place undue financial constraints on Tigard residents and businesses. She said this will not fully fund staff's request of $2.5 million but their view is that this number can be reduced by n project- specific prioritization discussion. She said the Association strongly urges Council to consider their proposal because it is cleat that Tigard residents do not support the staff proposal. She referred to a recent survey where 70% of Tigard residents said they had not heard of the proposed increases. She said when informed of the increases to residences, 53% were opposed and when informed of the increases to businesses, 70% were opposed to the street maintenance fee increases. She quoted some comments received such as "now is not the tithe to raise fees on business," and "we can't drive business out of Tigard." She said many felt the increase was excessive. Ms. Dalton gave Council a handout of the Northwest Grocery Association proposal and executive surrunary. 8:19:51 PM Councilor Buchner asked for a copy of the entire survey referred to by Ms. Dalton. She said she walked to over 200 residences with a copy of the street maintenance fee booklet and had a 95% positive response to the proposed fee. She said she met personally with many businesses in town and they were asking why the City had not done it sooner. She understands wantiig to control the inflation rate but said the City has no control over the cost of asphalt and dhe biggest cost of the maintenance fee is the cost of asphalt. Ms. Dalton commented that a lot of cities do tie to a flat rate of inflation (West Lunn and Milwaukie) so it does work. She said, "Our biggest concern is that we're looking at three hits - rate, volume and inflation and it's a lot for businesses to carry, large or small." 8:23:00 PM Mike Marr, 4702 Lamont Court, Lake Oswego Js the owner of property and businesses in downtown Tigard. He said prior to his current residence he lived in Tigard for 30 years. He said he has TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 NvNvw.tigard-or.gov Page 7 of21 been an active volunteer in numerous Tigard organizations. He cornrnented that Engineer McMillan is doing a great job. He said he was opposed to dne street maintenance fee. He said over d-le last eleven months he and others have attempted to bring numerous issues and suggestions to Council and staff but with no success to date, as the proposal is significantly -unchanged from what was considered in January, 2009, with minimal public involvement. Mr. Marr said, "There is no argument that the streets of Tigard need to be maintained. However, the degree to which the streets are in disrepair is estimated and questionable. The cost to affect satisfactory repair is also estimated and questionable. Calculations for other projects have significant miscalculations in recent years. Can the community have any confidence in die estimates presented for this street maintenance cost?" He said in numerous conversations, staff members acknowledged the flaws and issues of the proposal and underlying problems but no changes were made. Mr. Mau said the City's public outreach was just an expensive and tune-consuming sales pitch. He said there was very little aclinowledgeinent of the problers that were presented at the public meetings and all that carne back to Council was a report advising: 1) the roads need repair and 2) the public had been engaged. He said staff was presenting to Council tonight a proposal that does not include a copy of die misleading Chapter 18.765 of the Tigard Development Code. He said, "This document has a statement regarding rninirnurn required parking which is absolutely false. It contains requirements that are completely unnecessary, unnecessarily expensive for property development, grossly environmentally unfriendly and completely wrong for computation of the street maintenance fee. These requirements have cost property developers excessive amounts of money for a number of years and probably have deterred development in Tigard for just as many years." He said the proposal could be interpreted to accelerate street maintenance because it has fallen behind over a number of previous years due to a failed street maintenance program and rniss-prioritized use of funds. He said explanations for this can be found in the City's recent performance review report and many problems in the report have been observed for years. He asked, "Why has it taken City Hall so long to recognize the problems?" Mr. Marr said the proposal contains language wherein any protest of the excessive street maintenance fee via withholding of payment, could result in the closure of that business. He said, "If die protest is in the form of a request for modification of the fee, the code has significant restrictions to rnodifications. Only by putting up $300 can the business carry the issue forward and through the entire process that business is at the mercy of a biased system Without any independent objectivity. Thus proposal can result in costs to some properties and/or businesses that approach or exceed the City property taxes." He commented that the cornrnunity votes on property taxes and there should be a vote for such a large cost as the street maintenance fee. He asked, "Should it not be incorporated into a property tax levy, given the amount of money involved?" He said the gas taxes should have been used for street maintenance but the bureaucracy took there into the area of significant capital improvements and so we have a secondary street maintenance fee that is now being asked to fully support street maintenance. He mentioned the tough economic times and announced that, baa:ring unforeseen changes in the next few weeks, his Tigard Sub Shop will be closing on December 31, 2009. He said the economy, combined tividn the City of Tigard's failure for years to do any kind of economic development in the downtown, has set the stage for the lack of business viability. Mr. Marr said die street maintenance fee needs to be turned down. He said the City's finances and community needs should be made transparent and restructured tividn costs evaluated from a common sense perspective. He encouraged Council to vote no. TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 8 of21 8:29:47 PM Doug Lepper, owner of a business on 12230 SW Main Street and Commercial Street, Tigard, OR He said his family operates Crown Carpets, founded 46 years ago by lnis father. He noted that after almost losing the roof on his building in Tigard six years ago due to snow, his family made the decision to repair the roof and rebuild the entire building, increasing the size by over 10,000 square feet. He said this is evidence that he and his family are committed to the City of Tigard. He said that the City would not permit the expansion because the by expanding the building they would be reducing dne parking available. Mr. Lepper said the increased building size required more parking even though he pointed out that they run a carpet store with 10 employees and only 10-12 customers visiting daily. He said that even if every employee was there at once and ten customers came in they would still require no more than 22 spaces of the 30 already available. He said he was still denied the tight to expand the building and was told by the City that due to the expansion even more spaces may be required. His architectural firm comanu nicated, with the City, who requested a parking survey. An engineer was lured by Croton Carpets and found in the final report that even if the business expanded by 10,000 square feet they would still only requite 22 parking spaces. A compromise was reached with the City and although his Mixed-Use building and parking lot square footage required 40 spaces per Tigard's Code, he was allowed to have 32 (provided two were trade ADA compliant). He said he is billed by the City for 56 spaces per month. He called the City regarding this and was told that the number of spaces billed was based on the City's parking code requirements. He said he pays at today's rate, $524 a year. Based on the actual number of spaces he has, as permitted by the City in 2005, he should he paying $299.52. But based on the City's projections, he will be paying $1841.00 for the 56 spaces in 2011-12. Mr. Lepper said that his paved parking lot is over 16,800 square feet and this has worked for them since 1993. He noted that his parking lot has cracking and loss of fines just like Commercial Street which --tins next to it. A repair bid he got last su-nmer was for $1.11 (per foot), though Tigard's street maintenance brochure listed the cost for repaving at $1.25 to $2.00 per foot. He said, "I did not go ahead with the repaving project. Why? Because I can't afford it. And if I can't afford to pave my own lot I'm probably going to have trouble paying money I don't think should rightfully be my obligation to fix the street outside my lot." He said small businesses are struggling yet Tigard is pampering the big businesses by capping their rates while asking the small family businesses to shoulder the burden. He asked why Tri-Met isn't paying for their impact on Commercial Street Paul Savory, Southwest Office Supply, 12245 SW Main Street. Tigard, OR 97223. He said he and his brother have owned Southwest Office Supply, which is now called Main Street Stamp and Stationery for over 32 years. He said the street maintenance fee and proposed increases defy common sense and are fiscally irresponsible. He said he has had to lay off several employees and reduce staff wages and benefits this year and the City's added burden is going to negatively impact his business. He said the City of Tigard is not being a partner with the small business owners and asked that Council please reconsider and put off imposing this fee increase. TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 Nvw~v.dgard-or.gov Page 9 of2l Don Myers, 12225 SW Main Street, Tigard, OR 97223. 1blr. Myers owns New Shoes Professional Shoe Repair. He said he said he concurs tivith the opposition and wanted to offer Council some sound business advice regarding the street maintenance fee: • The formula is flawed and unbalanced and will impact the future of quality businesses desired to locate or remain within the City of Tigard. • A 200% increase in fees will be assessed to my business by the year 2012. • It makes no sense to deliver this kind of increase in the current economic conditions. • The City of Tigard should reflect a pro-business attitude, that is balanced and fair to all business owners with a formula that works to allow a fair-share platform • The increase will force the closure of some sound, attractive businesses as well as increase the costs to Tigard's customers as businesses raise prices to maintain current profit margins. The City Council and Tigard residents will have to absorb the cost the next time they need services rendered. Is this the City's intention? Mr. Myers recommended that the City go back to the table and reevaluate the impact on current and future businesses and bring back a fair share and stable proposal. 5:41:00 PM Steve DeAnngelo, 9037 SW Burnham Street, Tigard, OR 97223 Mr. DeAngelo said he is 20-year Tigard resident who owns and has operated a catering business in Tigard since 1987. He said he also jointly owns property in downtown Tigard and is a member of the Tigard Chamber of Commerce and the TCBDA. He said he opposes the street maintenance fee and did not think the public outreach was effective. He said the tax-paying public doesn't understand the fee increase and that it will triple. He said they don't understand the rnedhodology of how die fee was set. He said he was certain that residents don't understand the impact on small business or the cap on the large box business parking spaces, exempting them from the increase. He said it seems unfair that the businesses that share die burden of the traffic don't share the burden of the responsibility. Mr. DiAngelo commented on the economy and holy many people are having to do more with less. He noted that his company's sales volume has rolled back to the year 2001 and 75% of his staff are receiving unemployment benefits. Two of his commercial tenants struggle to pay their rent. He said any increase of this nature at this tune will male it a greater challenge to even remain in business. Mr. DiAngelo said the formula used a rate for asphalt of $80 a ton. He asked if Council members know what asphalt costs today. He said he did some research, including calling the City's vendor and found that never in the last 24 months did the cost exceed $75. Today's price is $52.40. He said he understands that the fee is based on parking spaces and his business has nine, all for employees. His business is a service business and rarely sees customers at their location. He said big businesses are getting the breaks, not paying fair share. He said the argument appears that those customers who travel to Winco, Costco and Washington Square to name a few, travel on the county or ODOT supported roads. They create many more traffic trips and have more employees than small businesses. He said an obvious solution is to make there pay for their thousands of parking spaces. He said if this fee is passed, the cost of his services will go up and consumers tivill be footing the bill. Mayor Dirksen asked if there was anyone else present who wished to testify. TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 Nvwmtigard-or.gov Page 10 of21 Proponent - 8:45:36 PM John Hewing, 7110 SW Lola Lane, Tigard, OR 97223. Mi. Frewing said he endorsed the treasure but would like to see two changes. He said he has reduced his driving by 35% since retiring, and is on a fixed income. He said everyone has the same problem yet Tigard citizens surveyed say traffic is the biggest problem. He said the streets need to be maintained and this nheasure does it. He reconvnended two changes: • Get rid of the large store cap. • Add 5%, on top of what is already being proposed, for sidewalk maintenance. He said the original citizen proposal for a street maintenance fee included sidewallt maintenance money which was taken out at the request of dle grocery people and he understands their commercial interest but Council is supposed to represent the citizens of Tigard. A citizen-based measure would include sidewalk money for 1) safety issues, 2) school access, 3)transit access and 4)other public use needs. He said with the above changes, the fee should be passed. Mayor Dirksen asked if there was anyone else who wanted to speak. No one did. 8:48:00 PM Staff Response to Testimony- Finance and Information Services Director Lal~rance said he heard major themes in the testimony presented tonight: • Appeal Process - In the Ordinance (Section 15.20.080) there is a fee for appeals but this is a two-step process. The first step is adnainistratve in nature. The customer can come in to Public Works and provide written information about their business, use, and size and see if the current calculation is correct. This process is free of charge. The Public Works Director or designee would make a determination based upon the information. If that determination was not satisfactory to the customer they can appeal it at that point and would be charged a fee. If the appeal is done and found in favor of the customer, the fee is refunded. These are the basic steps; more detail is in die Ordinance. 8:50:01 PM Large Business Cap Most of these businesses are located along Highway 99W and most customers going to these businesses are using state and federally funded streets and are not impacting Tigard road maintenance as much. They are affecting Tigard streets in that congestion created on 99W forces people to drive on arterials and collectors. That has been the compromise; the original Street Maintenance Fee in 2004 put the cap at 200 spaces. Through discussions with Council, Tigard decided to raise that cap to 250 in recognition of some fairriess for both large and small businesses. Doing so raised the total number of spaces within the calculation. The cost per space went down and it lowered dle parking space amount for both large and small businesses by eight cents per month, per space. • The Calculation - The calculation is complex. He gave a basic surnmaty noting the difficulty of doing justice to all the work done on this process in just one meeting. He said it starts with a five-year maintenance program developed by staff. Costs are then projected for each project. Projects are calculated for residential, arterial, collector and industrial streets. There is a cost total for each of those street types and there is an allocation depending upon the type of street. (For example, a residential street is allocated 100% to residential customers.) There is a percentage cost that will be allocated to residential customers and to non-residential customers. Costs over the five-year period are used to develop an annual total. ($2.2 million for the pavement portion). Since the know roughly how many residences are in Tigard, and we know how many required parking spaces there are for non-residential customers tie total is divided. TIGARD CITY COUNCIL MINUTES December 8, 2009 City of Tigard 1 13125 SW Ball Blvd., Tigard, OR 97223 503-639-4171 1 wNvwxigard-or.gov Page 11 of21 8:53:34 PM Requited Parking Spaces - This is required by Section 18 of the Tigard Municipal Code. Should Council decide to male a change in the required calculation methodology that lowered the required parking, there would be fewer required parking spaces for all customers but a larger fee per parking space. The end result for any one business would probably not be significantly different. The reason the City uses the patktng space calculation is that it was a compromise from the 2004 process and is a proxy for trip generation. Council President Wilson asked how the parking requirements were developed. Finance and Information Services Director LaFrance deferred to Community Development Director Bunch for an explanation. 8:55:11 PM Community Development Director Bunch responded that the parking space requirement is the result of the compilation of several technical references. The American Association of Highway Engineers, the Transportation Planning Institute and various planning organizations put together detailed studies about what businesses require for parking. These studies are based on surveys of thousands of different kinds of businesses in various locales and their parking requirements. Parking is a dynamic situation and requirements have changed from the 1970's. In the Portland Metropolitan area there is a regional requirement that the establish both miniinurn and maxirnuun parking. Maxinnurn parking is not to provide an excess of parking but to lower vehicle trips. He said his understanding is that when Tigard updated its Development Code in 1998 and then in subsequent updates, they chose not to lower the parking capacity substantially below die maximum. In other words, because the City is such an auto-dependent community, it provides as much parking as the regional functional plan allows. He surntnari.zed: Many different studies and organizations have found parking to fall within specific ranges and this is used In Tigard's Code. Tigard is bound to Metro's functional plan requirements and the City's parking requirements axe essentially at the top of that list. 5:57:30 PM Council President Wilson said, "The bottom line is that the manual drat we use to set our parking rates is die standard in the industry for determining that and is based on detailed surveys that are updated, now and then, is that correct?" Community Development Director Bunch said, "That is correct. We follow very specific guidelines and procedures to do that." Mayor Dirksen asked if staff had concluded theft response to comments. Staff indicated they had. Mayor Dirksen asked if there were any questions from Council. 8:58:17 PM Councilor Buchner asked Finance and Information Services Director LaFrance to summarize for the benefit of tie audience, the ratios of who pays for what. He described the four prilmuy street types - • Industrial -100% allocated to businesses and are primarily for cointnercial use • Residential - 100% allocated to residential customers, who use them primarily • Arterial - businesses pay 100% and dhese streets are there primarily for cotntnercial use + Collector - split 50/50 between cotninercial and residentW users, and axe there as a way to get bettiveen the other types of streets He said that these percentages are in the Ordinance and how the calculation is done is codified. TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 tvxv%v.dgard-or.gov Page 12 of21 9:00:19 PM Councilor Buchner asked if the City's street type codes are consistent with regional street designation standards. Streets and Transportation Senior Project Engineer McCarthy responded that Tigatd's street classifications follow national standards set by the Federal Highway Administration. He said that within the neighborhood routes on residential streets staff made a distinction between those that primarily serve residential uses and those that service commercial or industrial uses. The idea behind diis is that streets that primarily serve residential users should be paid for by residential users and those streets that service commercial users and few residents should by paid for by businesses. Councilor Buehner asked, since most of the business owners testifying this evening are from the downtown area, what the downtown area street designations are. Streets and Transportation Senior Project Engineer McCarthy said Main Street, Burnham Street and Scoffins Street are collectors, and Commercial Street between Main Street and Hall Boulevard is classified as industrial. Councilor Buelhner asked for clarification that under die City's definition, Maul Street, Btunhain Street and Scoffins Street maintenance would be split 50/50 between residential and cornrnercial customers, and maintenance on Commercial Street between Main and Hall -would be paid for by cornrnercial users. Streets and Transportation Senior Project Engineer McCarthy said that was correct. At 9:03:06 PM Mayor Dirksen closed the public hearing. He noted that there were two resolutions and one ordinance for consideration by Council. 9:03:50 PM Council President Wilson said this has been under consideration for a long time. He said the entire process was delayed last January to start an outreach program which some people testified tonight was not adequate. He said, "On the night we are considering thus we get a survey from the grocers' association; there's no time to consider this. It would have been helpful to hear cominents such as these much earlier." He said, "Some things said tonight were hard for me to accept. A statement was made, `The City should learn to do with less.' These are your streets. These are the streets we all depend on to get in and out of our places of business and our homes. A city in itself is simply private properties surrounded by public rights-of-way. It's die inost fundamental thing that cities do." He said he agreed that now is not a good tune to raise fees and the only worse time was a year ago when it was first considered. He said, "At the same time, the deterioration of the streets does not stop. This weekend we are probably going to have an ice storrn. The streets are going to get torn up again and this kind of thing can very quickly get away from us." He said, "I understand that this is a difficult time. I'm a businessman myself. But this is something we can't let get away from us because it's going to cost us more in the end. I support it. I would be willing to look at tweaking the formula, but regardless of how the do it or who pays how much, it has to be done." 9:06:43 I'M Councilor Webb said she agrees widl Council President Wilson that the streets need to be maintained. She said she is proud of Tigard and thinks the City does a great job, with a lot less than most, to snake the corrununity livable. She said, "However, I was the one dragging my feet in the beginning because of the economy and I guess I see it right at my front door every single day xvidi people that I have that are homeless It is not getting better. It's getting worse. People that live in affordable housing are being hit with the increases... Five dollars is enough to put people out on the street." She said, "Right now, this econorny absolutely stinks for us to do this. If the economy was more robust I would be out there working with all the business owners and working with staff to find a way to tweak the formula to better fit the businesses." She said, "I am not willing to vote yes on this if the cost is losing even one more business in Tigard." She said she felt the streets need to be improved and maintained and woLild be willing to look at this again in a year. 9:08:21 PM Councilor Henderson said that one of the things the City did wrong was to get started too late. He said, "You need to stay on top of this all die way through and it won't cost so much." He said he is a resident and business roan in Tigard, and his business plaza is 50% vacant right now. He said the has also walked the streets and talked to people, as Councilor Buehner has, and people are really concerned about necessities. He said, "I have a great concern that if I vote for this-it will get turned around and turn out to be a public vote later on. I don't think that is the way we want this to happen. I just can't vote for this, not at sus tune." He said he submitted TIGARD CITY COUNCIL MINUTES December S, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.6nrd-or.gov Page 13 of21 ideas at the beginning of the street maintenance fee consideration and -what carne back to Council was only ten percent less than what had been proposed originally. He said, "I want to say for certain that dhis is a hard decision." 9:10:59 PM Councilor Buchner said she has been involved in transportation issues for many years and one of her biggest concerns over the past 25 years is the issue of street maintenance. She said she is a small business owner and is not oblivious to -what is going on in the community -with the economy. She said she didn't think Tigard residents could afford to ignore the street deterioration. She said, "If the fee is not passed, I shudder to drink what the long terra cost is going to be for the citizens of Tigard, and -what the cost is ultimately going to be for the businesses when people don't want to go to them because the road is so bad it is difficult or unpleasant to go there. It is a tough issue, but we have to draw the line." 9:13:43 PM Mayor Dirksen said he has agonized over this issue probably more than any other item coining before Council in this term of office He said he heard testimony tonight that the City needs to consider something else, another way needs to be found to do it, and that the process was flawed. He said, "The process hasn't changed and that is not what is being discussed tonight. The process was already in place. If the process was flawed tie time to have talked about was a few years ago." He said it is never a good time to increase fees. He said he was like everyone else, facing reduced -work hours. He said Council has spent more than a year, since they heard that the existing street maintenance fee was inadequate, looking at different ways that this could be dealt with. He said Council has exhausted all alternatives. He said that even if the formula is tweaked, tie changes would not be substantive. He said, "The streets are the same streets and the money still has to come out of the pockets of tie people who live here, whether we do it by this or another method." Mayor Dirks en said, "We've heard a lot of people talk tonight about what the consequences would be of increasing this fee at this time. But we as a Council need to consider in addition to that, what the consequences of inaction would be." He said if maintenance is deferred, there is no money saved. The streets continue to deteriorate and once a street goes past a certain point the cost to bring it back to a usable surface goes up 3-5 tunes as much as maintaining it would have cost. He said, "If we do what the people opposed to this increase ask, in a relatively short time it would cost you, me and everyone considerably more money." He said allowing the streets and right- of-way to continue to deteriiorate would make Tigard even less attractive to business. It -would impact our home and business values. He said, "I feel that if we were to fail to enact this ordinance, there -would be a short-term gain. Some people in this room would cheer. But even in the raid-term we would all lose. I feel I need to reluctantly vote in favor of dhis proposal, though I -would recotrnnend one change. I suggest deferring tie effective date of the increase a fuA six months later to beginning of the City's fiscal year, which is July, 2010. This gives us six-months of room to see -what happens to the economy between now and then, and to make preemptive adjustments to take that into consideration." He said, "I -wish we didn't have to do this. You don't know how much I -wish we didn't have to do this. But if we don't, we'll all pay for it. So I reluctantly feel I need to vote yes." 9:20:46 PM Finance and Information Services Director Laurance said Exhibit A, attached to Resolution 09-77 lists April 1, 2010 as die effective date, and amends the Master Tree and Charges Schedule. He said if Council amended the April 1, 2010 date to July 1, 2010 it would implement the Mayor's suggestion. Councilor Buchner requested that Finance and Information Services Director Laurance prepare for Council updated graphs and charts showing the effects of a later start date. TIGARD CITY COUNCIL MINUTES December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 ww~v.tigard-ongov Page 14 of21 9:22:03 PM Mayor Dirksen moved to amend Exhibit A on Resolution No. 09-77 by changing die effective date to July 1, 2010 rather than April 1, 2010. The motion was seconded by Councilor Buchner. Mayor Dirksen called for a vote on the amendment to Resolution No. 09-77, Exhibit A. Councilor Webb Council President Wilson Councilor Buelhner Mayor Dirksen Councilor Henderson Yes No x x x x x The amendment to Resolution No. 09-77 - Exhibit A passed 3-2. City Manager Prosser noted that he and City Attorney Ramis were looking at proposed Ordinance 09-14 and its Section 5 on Page 9 lists an effective date for the fee of January 1, 2010. Mayor Dirksen said that die Ordinance could take effect on January 1. City Attorney Rainis clarified that Section 5 states that the fee is effective January 1, 2010. Mayor Dirksen made a motion to strike Section 5 of Ordinance 09-14. Councilor Buehner seconded the motion. Mayor Dirksen asked if there was further discussion. There was none. He called for a vote. Yes No Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x The amendment to strike Section 5 in Ordinance 09-14 passed 3-2. 9:26:05 PM Councilor Buehner said, "We put this off a year. The streets twill continue to deteriorate and this will affect businesses." 9:26:56 PM Council President Wilson suggested having an oversight committee to watch this program and how the money is spent, noting that it is important to keep credibility with citizens. Mayor Dirksen said this could be a task for the Transportation Advisory Committee. City Manager Prosser suggested amending the charge statement of that Committee to include this annual oversight. He said Council could formalize that charge at a fiiture meeting. 9:30:12 PM Councilor Henderson said an annual review of the Street Maintenance Fee program would eliminate of lot of questioning. He asked if the language regarding the 70-75 Pavement Condition Index is a mandatory level or a goal. City Manager Prosser said he interpreted this Language to mean it is a goal. He said originally staff had set this up to as a goal to be met in five years, but an amendment will push that out further. Council President Wilson said die goal is not based an perfect roads and is die least-cost long-terra way to maintain streets. Councilor Buehner asked if here could be a Street Maintenance Fee report as part of the budget. Finance and Infort nation Services Director LaFrance said that the Ordinance already states that the program shall be reviewed annually as part of the City's budget process. 9:39:54 PM Councilor Webb expressed concerned about requiring and charging for parking spaces that are not being used. Mayor Dirksen said they are allowed to do business even though they do not meet the standard. Streets and Transportation Senior Project Engineer McCarthy mentioned the appeal process, saying "There willalways be the case TIGARD CITY COUNCIL MINUTES - December S, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 j 503-639-4171 wxw.tigard-or.gov ( Page 15 of21 which doesn't match the trip generation and they can come in and appeal. The City can then look at die evidence presented." Councilor Webb said she experiences the opposite problem. The homeless shelter she manages was built with few parking spaces because homeless people don't drive cars, yet many deliveries and donations come to the shelter all day long so there is a lot of traffic generated. City Attorney Rarnis said the appeal process is described in the ordinance. He said, " If you want to adjust the appeal process, the need to change the ordinance." Mayor Dirksen said, "This could be addressed separately. This is a different issue." 9:48:20 PM Councilor Buchner referred to the earlier example of Crown Carpets' discussion of disparity in their parking assessment and actual spots. 9:49:00 PMCity Attorney Rarnis said, "That situation is not covered in dhis ordinance. This ordinance says you refer to the Code, you don't refer to some other administrative decision that was made." Councilor Buehner said, "So under the current 1<anguage of the Code, if an arrangement like the Crown Carpet example has been reached, that doesn't have any impact on the number for purposes of this statute." City Attorney Ramis agreed and said if that is not the outcome Council wants they need to change the language. 9:50:01 PM9:49:59 PM Council President Wilson said, "But the parking theoretically required by die Code is based on trip generation that is based on the manual, is it not?" City Attorney Rarnis said staff earlier stated that the City is using the number of parking spaces as a proxy for trip generation. Council President Wilson gave an example of a business owner who comes in and says, `I'm really not a carpet retailer; I'm a carpet broker. So I don't really have customers.' A look at die manual may yield a different number of required parking spaces for a broker than for a retailer." He asked if this is how the appeal process would work. 9:51:07 PM City Attorney Rarnis replied that in the instance of the original application, when a person wants a reduction in the amount of parking spaces the City would allow diem to come in and say, the manual is not controlling here; it yields an incorrect result in the case of my business. So you do an alternative study and you demonstrate that you have better information dian the manual and you are allowed to reduce your spaces. That is a separate proceeding than the appeal mentioned in tie ordinance. He said, "If here is a reference to it, great. But at this point it just says applicable criteria." 9:51:55 PM Streets and Transportation Senior Project Engineer McCarthy said he understands that the applicable criteria is a particular type of use and then a unit of size, typically a square foot. The unit of size would be multiplied by the number of parking spaces per square foot for that t,pe of use. He said what could be corrected under this ordinance without going through a different sort of appeal process would be either an incorrect size unit or a different type of use. City Attorney Rarnis said, "I would agree. There are very narrow circumstances in which you'd be allowed review." Mayor Dirksen asked if there was an appeals process in place, not having to do with street maintenance fee, but having to do with parking requirements. Community Development Director Bunch said parking requirements are a straightforward application of the code. He gave an example of an appeal: For every 1,000 square feet of active service use area, a restaurant is required to have 20 parking spaces. However, the restaurant owner says 1,000 of his 2,000 square feet is not in active use because some of the property is used for storage or hallways. Tlhe City would then go look at the property. If it vas true on drat basis, as defined by tie clear and applicable criteria of the Code, the City could assess a different parking standard. TIGARD CITY COUNCIL MINUTES December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 Nvwiv.tigard-or.gov. Page 16 of21 Mayor Dirksen asked if, as a result of that, a property's number of parking spaces was reduced, they would be charged less for their street maintenance fee. Cornrnunity Development Director Bunch said that was correct. Mayor Dirksen asked what the street maintenance fee appeal was for, if not a parking appeal. In response, Community Development Director Bunch said, "it is to deal with specific situations... It is a proxy for trip generation." Mayor Dirksen referred to his earlier question - if someone comes in saying their restaurant was smaller than the City thinks it is, and the City agrees and reduces their required number of parking spaces, then they do not incur a street maintenance fee filing fee because it doesn't have anything to do lwitl street maintenance, it has to do with parking spaces. Corrnnunity Development Director Bunch agreed. Mayor Dirksen confirmed that a process was already process in place that doesn't incur a fee for appealing the number of parking spaces. Finance and Information Services Director LaFrance said the only time the fee would be incurred is if the initial staff decision was not satisfactory to the applicant and the applicant wanted to pursue the matter further. 9:56:22 PM Councilor Buehner said she still did not have a clear answer. She asked, "I£ `ABC Business' comes in because our Code says they should have 40 parking spaces but they only have 32 spaces, will their Street Maintenance Fee be reduced based on 32 parking spaces, or will it remain at 40 spaces, which is the standard for that type of business?" City Attorney Ratruis said, "I think it's 40. If you want it to be 32 because you think that is better policy, I think you should re-write this." Mayor Dirksen suggested changing it so it doesn't say that the street maintenance fee language says it is based on Code required parking spaces, but on the actual. City Attorney Ramis said if Council wants it to be based on some determination that has been made specific to the property or it's been reduced from what might be apparent, that should be said clearly. Council President Wilson said it is not based on actual parking, because some businesses may not have enough. Mayor Dirksen said he agreed tiviti Councilor Buehuner that if that determination changing the number of required panting spots has been made by the City then that should be the basis. 9:58:09 P1VI Councilor Henderson said, "If all of this is trrie, then in 100% of the cases they will change. And that would cause a recalculation of the fee, right?" Mayor Durksen asked him why it would change ill 100% of the cases. Councilor Henderson said there is $2.5 million the City would need to find and if there are fewer parking spots then they would have to compensate for there. Finance and Information Services Director LaFrance responded in two parts, saying the first is the determination portion which means if there is a land use decision that the required parking fora property is less than the standard, then we can adjust it. He said, "The second part is the math -Councilor Henderson is correct." He said if there are a large proportion of businesses involved in a land use decision in the next few years that reduces die total number of required parking spaces within the City of Tigard; each parking space will then have to pick up a higher share of that non-residential portion of the $2.2 million. Council President Wilson said there are a lot of variables such as the price of asphalt and how fast the pavement tivill deteriorate and that is why it would be evaluated every year. 10:00:21 PM Councilor Buelhner said she would like to see this particular arnendrnent included in the ordinance. TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page I7 of2l 10:00:35 PM City Manager Prosser said Council had three options: 1. Continue this consideration to a Later date with direction to staff to bring back a new ordinance. + 2. Adopt the ordinance as is, and direct staff to come back with a code amendment. • 3. Try to put these changes into die ordinance tonight. Councilor Buchner asked if this would be ready to come to Council by die first meeting in January. City Attorney Ramis said this could be discussed next week with staff and language prepared. Council President Wilson said this would affect a small number of businesses so he recommended option 2 - voting tonight and then amending the Code qt a future meeting. Councilor Buchner moved for adoption of Resolution No. 09-76. The motion was seconded by Council President Wilson. The number and tide of Resolution 09-76 were read by Deputy Recorder Krager- A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A LONG-TERM AVERAGE PAVEMENT CONDITION INDEX (PCI) GOAL FOR CITY STREETS Mayor Dirksen suggested that even Council members who oppose the increased street maintenance fee could vote in good conscience for this Resolution if they agree that the average pavement condition should meet this goal. A vote was taken. 10:02:55 PM Yes No Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x Resolution 09-76 passed unanimously. Councilor Buchner moved for adoption of Ordinance No. 09-14, as amended. Motion was seconded by Council President Wilson. Deputy City Recorder Krager read the number and title of Ordinance No. 09-14 - AN ORDINANCE AMENDING CHAPTER 15.20 OF THE TIGARD MUNICIPAL CODE, WHICH ESTABLISHED A STREET MAINTENANCE FEE TO PROVIDE A FUNDING SOURCE FOR MAINTENANCE OF CITY STREETS, as amended. Mayor Dirksen asked if there was any further discussion. There was none. A roll-call vote was taken. 10:03:52 PM Yes No Councilor Webb X Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson X Ordinance No. 09-14, as amended was adopted by a 3-2 vote. TIGARD CITY COUNCIL MINUTES - December S, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 wwxv.tigard-ongov j Page 18 of21 It was moved by Council President Wilson to adapt Resolution No. 09-77, as amended. The motion was seconded by Councilor Bueluier. Deputy City Recorder Krager read the number and title of Resolution No. 09-77 - A RESOLUTION TO AMEND THE PORTION OF THE MASTER TEES AND CHARGES SCHEDULE PERTAINING TO THE STREET MAINTENANCE FEE AS ADOPTED UNDER RESOLUTION NO. 09-44, AS AMENDED Mayor Dirksen asked if there was any discussion. There was none and a vote was taken. 10:04:46 PM Yes No Councilor Webb X Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x Resolution No. 09-77 passed 3-2. Mayor Dirksen asked if a discussion on futtlier amendments could be heard at the December 15, 2009 meeting. City Manager Prosser said that was a Workshop Meeting and the next Business Meeting will be January 12, 2010. 7. PUBLIC HEARING - CONSIDER AN ORDINANCE WITHDRAWING PROPERTY FROM TUALATIN VALLEY WATER DISTRICT M7WD) a. At 10:06:30 PM Mayor Dirksen opened the public hearing. b. City Attorney Ramis confirmed the legislative hearing procedures. C. Mayor Dirksen asked Council if any member wished to declare or discuss a conflict of interest or abstention. - There was none. d. Staff Report: 10:07:50 PM Public Works Director Koellertneier said this was a housekeeping item, 35 years in the snaking. He said in 1972 when the area was originally served it was in the boundary of then Metzger Water District and an agreement was signed with the Tigard Water District to provide water due to flow and pressure issues. He noted that both water districts had morphed into others - the Metzger Water District into the Tualatin Valley Water District and the Tigard Water District has since morphed into the service area that Tigard jointly manages. Staff determined that it was appropriate to clear this up and worked with die City Attorney office to complete what is essentially a snap change. There are no changes affecting service and no customers are being sewed by a different party than they were originally. e. Public Testimony - No one signed up to speak. Public Works Director Koellet7neier said there was a representative of the Tualatin Valley Water District present to answer any questions. Mayor Ditlisen asked if there was anyone present who wished to testify but did not sign up on the sign-up sheet. Staff Recommendation - Public Works Director Koellerineier said staff recommends dint Council execute the withdrawal documents. g. Council Questions - There were none. h. Close Public Hearing - Mayor Dirksen closed the public hearing at 10:09 PM. i. Council Consideration: Ordinance No. 09-15 TIGARD CITY COUNCIL MINUTES - December S, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ww~v.tigard-or.gov Page 39 oF21 Councilor Webb moved to adopt Ordinance No. 09-15 and Councilor Buehner seconded dae motion. Deputy Recorder K lager read the number and the title of Ordinance No. 09-15 - AN ORDINANCE WITHDRAWING TERRITORY FROM THE TUALATIN VALLEY WATER DISTRICT SUBSEQUENT TO ANNEIYATION TO THE CITY OF TIGARD. A roll call vote was taken: Yes No Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x Ordinance Adopted 09-15 passed unanimously. 8. PROVIDE UPDATE ON FEBRUARY, 2010 SPECIAL LEGISLATIVE SESSION Due to the hour, Agenda item No. 8 was tabled until the December 15, 2009 Council Workshop Meeting. 9. CONSIDER TIGARD MUNICIPAL CODE AMENDMENTS REFLECTING SENATE BILL 915 REQUIREMENTS FOR CIVIL PENALTIES FOR BUILDING CODE VIOLATIONS Building Official VanDomelan said this ordinance modifies the Tigard Municipal Code to align it with the requirements of new Senate Bill 915 which requires an administrative process for challenging civil penalties assessed for building code violations and infractions and also requires that the cities assess civil rather than criminal penalties. Council President Wilson moved to adopt Ordinance No. 09-16; Councilor Webb seconded the motion. Deputy Recorder Krager read the nunnber and title of Ordinance No. 09-16 - AN ORDINANCE TO ADOPT VIOLATION PROCEDURES AND REMEDIES FOR THE BUILDING CODE ORDINANCE, AMENDING SECTION 14.04.090 OF THE TIGARD CODE AND ADOPTING NEW PROCEDURAL SECTIONS, 14.04.095 AND 14.04.098. A roll call vote was conducted: Yes No Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x Ordinance No. 09-16 was adopted by unanimous vote. 10. COUNCIL LIAISON REPORTS - None TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-ongov Page 20 of21 11. NON-AGENDA ITEMS 12. ADJOURNMENT At 10:14:06 PM Councilor Webb moved for adjournment, the motion was seconded by Council President Wilson and all voted in favor. Councilor Webb Council President Wilson Councilor Buchner Mayor Dirksen Councilor Henderson Yes No x x x x x C~ Carol A. Krager, Deputy City Red rder Attest: L Mayor, City of Tigard Date:'L I/ADM/Cathy/CCvI/041208.FnaI TIGARD CITY COUNCIL MINUTES - December 8, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ivtv\v.tigard-or.gov Page 21 of21 City of Tigard WHEREAS, on December 10, 1948, the member States of the United Nations signed the Universal Declaration of Human Rights and countries of different political, economic and social systems unanimously agreed on the fundamental rights that all people share solely on the basis of their common humanity; and WHEREAS, the Universal Declaration asserts recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace; and WHEREAS, disregard for human rights have resulted in acts which have offended the conscience of mankind, and the advent of the world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people; and WHEREAS, the Universal Declaration is referred to as the primary definition of human rights standards and increasingly referred to as customary international law, which all countries should abide; and WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies with each individual in the City of Tigard, and each of us can play a major role in enhancing human Human Rights rights; and WHEREAS, the people of the City of Tigard reaffirm their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life; NOW THEREFORE BE IT RESOLVED THAT WE, the City Council of the City of Tigard, Oregon do hereby proclaim December y 13, 2009 to be HUMAN RIGHTS WEEK, and December 10, 2009 as HUMAN RIGHTS DAY, and we encourage our residents to study and promote the ideas contained in Universal Declaration of Human Rights to the end that freedom, justice, and equality will flourish and be made available to all. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Craig E. Dirksen, Mayor City of Tigard Attest: City Recorder AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: December 8, 2009 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend orpardripate in City of Tigard public meetings will be included is the meeting minutes, which is a pubffcrecord. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: { v =1 Also, please spell your as it sounds, if it will ~gy 7 ' help the presiding offic pronounce: I Address ~'W City State 2 Zip J Z ? -2 Phone No. Name: i~ti 1 t L ~ ~ ~~t l utCt 5 e„ 0 11 Also, please spell your n as it sounds, if it will hel the r esidin r nce: offi o no ~ 1 t l p p g c u 0 C p t « Cn ti et r - / / ` i~nl/( f (9 7V 2 Address_7 0, 5 t v g I W City State zip 7 2 Phone No. t Name: -Lc,2`. Mr. Also, please spell your n as it sounds, if it will J ~l LjCQ. C- help the presiding offipronounce: L tCLo J fir n ~~i c~~L~ Address 1 2 l S S d I cu uJ 5~7~ o f City -T-1" a-vv"' State / Qk Zip 17 2-Z Phone No. CITIZEN COMMUNICATION Agenda Item No. fMeeting of ~ } g ~ v4 „ City of Tigard :t Tigard Business Meeting - Minutes TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: September 22, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town .Hall, 13125 SW Hall Blvd., Tigard, OR 97223 Track I Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ,f Council President Wilson ✓ Councilor Bueliner ✓ Councilor Henderson ✓ Councilor Webb ✓ Staff Present: City Manager Prosser, Assistant City Manager Newton, Public Works Director Koellerineier, Community Development Director Bunch, Assistant Community Development Director Hatnett, City Attorney Ratnis, Finance and Information Services Department Director LaFrance, Interim City Engineer Kyle, Building Official VanDomelen, Associate Planner/Atbotist Prager, Management Analyst Wyatt, City Recorder Wheatley Public Works Director Koellermeier introduced Interim City Engineer Ted Kyle to the City Council. Track 3 • STUDY SESSION o Review and Discuss Topics for the 2009 Community Attitudes Survey Assistant City Manager Newton introduced this agenda item to the City Council. Management Analyst Wyatt reviewed the scope of the survey and asked for City Council input regarding the issue-based topics to be included un the survey questions. Some questions will not be asked again as they are no longer relevant. (Agenda Item Summary and attncli vent are on file in the City Recorder's office.) General topics suggested by staff included: • Alternative methods of transportation • Highway 99 congestion /access management • Strategic clarity initiative (how to measure - "A Place to Call Home") • Improvements to City Facilities • Prioritization of long-term capital improvements TIGARD CITY COUNCIL/LCRB MINUTES -_September 22, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 %vwxv.tigard-or.gov l Page 1 of 10 • Urban renewal/Downtown irnprovernents • Economic development After discussion regarding a possible question about funding of the swimming pools, City Manager Prosser indicated the School District was seeking citizen feedback on this topic. Councilor Buchner suggested including a question about city facilities; i.e., a public works facility and a police facility. Council President Wilson said the City Council needs to know how much support there is to finance these facilities as identified in the strategic plan. Council President Wilson suggested questions be developed to gauge the support for dne light rail. After brief discussion, the proposal was to develop a question that would offer an array of options or to select a preference such as high capacity transit, highway expansion/ improvements, etc. (reasonable alternatives). Natural areas and clean water was another area identified for questions. Findings will be shared with the City Council at its November 24, 2009, meeting. Track A o Discuss Consent Agenda Item Nos. 4.2a. and b. - Contract Awards for Hall Blvd. Crosswalk and Construction of the Farmo Creek Trail and Woodruff Bridge City Attorney Ranris advised the fundamental question was whether the contract for the bridge construction would encourage the contractor to do work that would be in violation of one of die Conditions of Approval. Specifically, die issue is whether the contract, which encourages the work to be done quickly, would have the contactor working during the months of October through July in violation of a condition that says work should not be done in the floodpl<ain during those months. City Attorney Rains said this is a reasonable question, given that Condition No. 13 says, "the sequence shall provide that no work will be undertaken widiin the 100-year floodplain between certain months." City Manager Prosser clarified that this is a condition on the construction of the library. In response to a question from Mayor Dirksen regarding what this would have to do with the construction of the bridge, City Attorney Rarnis advised that the argument is that the entirety of the property is subject to this condition. City Attorney IL-zrnis further explained that the Condition also has an "out clause" that says, "Unless otherwise provided by the Oregon Department of State Lands or Clean Water Services." The regulations of these two bodies do not prohibit work in the floodplain doming those months; they prohibit work in the stream. There is no regulatory limitation so the "out clause" is triggered. Staff has received communication from both of these agencies stating they do not have a jurisdictional issue with work of this type being done. City Attorney Rar7ris said he believes the actual language of the Condition will not be viol<2ted, even if it does apply. In response to a question from Councilor Buelhrmer:, Community Development Director Bunch advised there is no plan to do any "in-water work." o Review Public Testimony Guidelines for City Council Meetings - City Council received a document entitled Ciy of Tigard Public Testivioi Gruleliire.s fbi• City Coiruacil Meefiugs. After discussion consensus TIGARD CITY COUNCIL/LCRB MINUTES - September 22, 2009 City of Tigard 1 13125 SW I-IaA Blvd., Tigard, OR 97223 1 503-639-4171 1 www.rigard-or.gov I Page 2 of IQ was these guidelines should be followed as written. A copy of the guidelines is on file in the City Recorder's office. City lVlanager Prosser reviewed the following administrative items: o Proposed Resolution for Martha Elizabeth Callan Bishop. City Recorder Wheatley reviewed some of the boards and coninuttees that Mrs. Bishop had served on throughout her years as a Tigard resident. Discussion followed as Council and staff members reflected on their interactions over the years with Mrs. Bishop. The proposed resolution will be before the City Council during the business meeting. o Lighting Standards - Burnham City Manager Prosser noted that the bid award for the Burnham Street project is on tonight's agenda. Council President Wilson had raised some questions about some of the standards and equipment. Public Works Director Koellermeier submitted a memorandum (Burnham Street Street-Light Questions) to the City Council and this memorandum is on file in the City Recorder's office. 't'rack 5 Public Works Director Koellermeier said the issue was if light design should be revisited for this project. He said the memorandum before the City Council outlines the issue and options. Mayor Dirksen said at this time PGE does not support LED light fixtures; however, current induction lights might be an option. Public Works Director Koellermeier said there is tune to deal with the light design issue; however, this would not affect the City Council's consideration of the Burnham Street construction bid award during this evening's business meeting. Council President Wilson shared illustrations of different types of fixtures the City Council might want to consider later. Discussion followed on requirements and what PGE would support as wellas soiree ideas with regard light fixture styles and designs. o Planning Commissioner Doherty Selected to Replace Representative Galizio City Manager Prosser advised that the Multnomah and Washington County Commissioners chose Margaret Doherty to replace Larry Galizio for House District 35 State Representative. City Council members directed staff to invite soon-to-be-appouited Representative Doherty to the dinner with the state legislators on October 13 as well as the Town Hall Meeting. The dinner is an appreciation dinner and this would give the City Council an opportunity to thank Ms. Doherty for her service on the Planning Commission and give her an opportunity to visit with Senator Burdick and former Representative Galizio. City Recorder Wheatley advised Ms. Doherty requested that she introduce herself to tine City Council and community at an upcoming City Council meeting. Mayor Dirksen said this is a good idea and suggested she appear during the Citizen Communication agenda item on an upcoming business meeting of Ms. Doherty's choice. Community Development Director Bunch said that Commissioner Doherty, for the interim, desires to continue serving on the Planning Coinimssion. City Attorney Rands advised that she could continue to serve since the Planning Commission position is not a paid position. Mayor Dirksen said that he thought that once the legislative session starts, a new Commissioner should be selected. + EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:04 p.m. under ORS 192.660(2) (h) to discus pending litigation with legal counsel. TIGARD CITY COUNCIL/LCRB MINUTES - September 22, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 xvwxv.tigard-or.gov I Page 3 of 10 7:30 11NI BUSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:35 p.m. 1.2 Roll Call 1.3 Pledge of Allegiance 1A Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Itetms 7:35:17 PM Mayor Dirksen read a proposed resolution recognizing the contributions of the late Mrs. Martha Bishop. Mrs. Bishop was veay active in City affairs including membership on a number of boards and cotntnissions over the last four decades. Motion by Council President Wilson, seconded by Councilor Webb, to approve Resolution No. 09-63 RESOLUTION NO. 09-63 - A RESOLUTION TO REFLECT UPON AND ACKNOWLEDGE THE CONTRIBUTIONS OF MARTHA ELIZABETH CALLAN BISHOP TO THE CITY OF TIGARD COMMUNITY The motion was approved by a unanimous vote of City Council present. Mayor Ditl:sen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 2. PROCLAMATION Mayor Dirksen proclaimed September 2$, 2009 as Family Day - A Day to Eat Dinner with Your Children 7:39:05 P1\4 3. CITIZEN COMMUNICATION Chamber of Commerce Report - No representative present. Citizen Communication - Sight Up Sheet - No one signed in. Mayor Dirksen asked if any one present would like to speak. Mt. John Frewing asked to testify: John Frewing, 7110 SW Lola Lane, Tigard, Oregon said there appears to be unpern-iitted fill across the mouth of Red Rock Creek, which Ices on Tigard property just across Hall Boulevard from the City Hall complex. He said drat Red Rock Creek originates near the Portland Community College Sylvania campus and flows by the Tigard Theatres, Costco, and enters Fanno Creek on this Tigard property. For a number of years there has been a broken culvert at the mouth of Red Rock Creek. Mi. Frewing said that Tigard has allowed Mr. Fred Fields access across this culvert during the summer months to maintain his property. Within about the last month, Mr. Frewing said he has observed about '10 yards of gravel, rock and dirt placed across the mouth of Red Rock Creek and replacement of the culvert without any evidence of a permit. Mr. Ftewing asked how this happened? TIGARD CITY COUNCIL/LCRB MINUTES - September 22, 2009 Cityof Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 10 Mayor Dirksen said Public Works staff will loop into this and determine what the issue might be. Follow-up to Previous Citizen Connnunication - None. 7:41:23 PM Mayor Dirksen reviewed the following Consent Agenda items: 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) 4.1 Approve Council Minutes for August I1 and 18, 2009 4.2 Local Contract Review Board: a. Award Contract for Construction of the Hall Boulevard Crosswalk North of the Fanno Creek Bridge to Signal Constriction Group b. Award Contract for Construction of the Fanno Creek Trail and Woodruff Bridge (from Hall Boulevard to Fanno Creel:) to Civil Construction c. Award Contract for Construction of Hoodview Drive Sewer Reirnbtrsenent District No. 45 to Canby Excavating d. Award Contract for Constriction of the Baylor Street/72',d Avenue Sewer Reiunbursernent District No. 46 to GVS Contracting Motion by Council President Wilson, seconded by Councilor Webb, to approve the Consent Agenda. 111e motion was approved by a unanitnous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehncr Yes Councilor Henderson Yes Councilor Webb Yes 7:43:21 PM 5. TUALATIN VALLEY FIRE & RESCUE (TVF&R) - UPDATE ON CAPITAL CONSTRUCTION PROJECTS TVF&R Government Affairs Officer Cassandra Ulven updated the City Council on the Fire District's capital constriction projects: ✓ Coininand and Business Operation Center - This Center is now in Aloha but will be relocated to a more central location in TVF&R's service area. TVF&R purchased a facility on Dartmouth Street in Tigard. They will be housed in the facility in about a year from now. ✓ Fire Station 50 - This station has served not only the Gaarde uea but also King City and portions of Beaverton. Response tunes have unproved and alleviated nearby fire stations from an overburden amount of calls. ✓ Three fire stations are under constriction, including d1e Progress Fire Station. ✓ A new dispatching system was installed in July. After some initial problems, things are now running smoothly. The system enables TVF&R to partner tiwith Clackamas County Communications so they will be able to back up to one another if either system goes down. ✓ In January, they will deploy about five or six alternative response units. These are the one- to two- person units that will augment their current "standing army" with in the fire stations by responding TIGARD CITY COUNCIL/LCRB MINUTES -,September 22, 2009 City of Tigard I 13125 SW Hal[ 13tvd., Tigard, OR 97223 503-639-4171 1 www.rigard-oi.gov I Page 5 of 10 to medical and false alai-in calls. These units will get in and out of traffic easier than the large fire engines. They believe this will also result in unproved response tunes. ✓ Chief Jeff Jolhnson has assumed his post as the President of the International Association of Fire Chiefs. Deputy Chief Mike Duyck is overseeing daily operations while Chief Johnson is traveling. Mayor Dirksen commented that die smaller augmentation units would also get better fuel mileage so while responding more quickly, they will also save costs. Mayor Dirksen asked Ms. Ulven to pass along "our congratulations" to Chief Joluison on his Presidency to the International Association of Fire Chiefs. 7:50:31 PM 6. PRESENTATION OF METRO INTERTWINE PROGRAM FOR CONNECTING PARKS Public Works Director Koellermeier introduced Metro Council President David Bragdon who made a presentation to the City Council on Intertwine, which is a branding effort to combine all greenspaces in the metropolitan region. 7:51:01 PM President Bragdon expressed his hope that the City of Tigard Bond measure in November would be successful. He noted how this City Council has been very supportive of parks in recent years and Metro has appreciated working Wid-i Tigard. A copy of the slide presentation outlining the key points of President Bragdon's remarks is on file in die City Recorder's office. 8:00:49 PNI Council President Wilson referred to a conference at which Chicago Mayor Daly spoke challenging the Metro region to make progress in its parks and greenspaces program. He said he would definitely like to be a part of the Intertwine Program. 8:01:14 PM Councilor Webb also indicated she supported an approach to work together to improve parks and trails. 8:01:32 PM Mayor Dirksen said all jurisdictions within die larger Metro area are connected. Similar to land use planning, this is another issue where the only way we can make it worn: for everyone is if we all work together. Councilor Buelhner said she dinks this is a great project. She referred to a question that came up during the uu:ban reserve review process in Washington County in that there are grant programs that have specific requirements for obtaining support services. Metro has been asked how "we should he chatacterizing specific areas ...wildlife tefiige, rural reserves, urban reserves, undesignated...in terms of being able to qualify for the variety of grants that are out there." She said she did some research and found that some of the grants would not be available for support services for rural reserves. Councilor Buelhner said she would appreciate it if President Bragdon could do what he could to get an answer to this question. President Bragdon said the Metro grant programs are funded by tax dollars and must go to projects on public land. Councilor Buehner indicated that these properties are publicly owned and we do not want to designate resources incorrectly and inadvertently cut off the means to receive funding. 8:04:31 PM 7. PUBLIC HEARING - REVISED BUILDING FEE SCHEDULE a. Mayor Dirksen opened the public hearing. 8:04:44 PIVI TIGARD CITY COUNCIL/LCRB MINUTES September 22, 2009 Cite of Tigard 13125 SW I-Iall Blvd., Tigard, OR 97223 1 503-639-4171 1 wwtv.tigard-or.gov Page 6 of 10 b. Declarations or Challenges: None. C. Staff Report: Interim Building Official VanDotnelen presented the staff report: ✓ The Budget Coininittee dit:ected staff to modify the fees to generate an additional $250,000 to cover shortfalls that had been made up through the General Fund for the current budget year. ✓ At the July workshop, Interim Building Official VanDotnelen brought a proposal forward explaining what would need to happen to get to $250,000. ✓ Interim Building Official VanDotnelen advised that if the proposed resolution is adopted as of October 1, 2009, there will still be several applications submitted for which a new fee would not apply. ✓ Interim Building Official VanDotnelen reviewed workload measures, which are being met or exceeded. About 700 pea-nnits have been issued since July 1. ✓ Interim Buildinng Official VanDomelen advised there is a scrivener's error in the fee schedule and he distributed a corrected copy to the City Council, which will be included in the resolution to be considered by the City Council. Councilor Henderson noted his concern that the situation for the Building Division funding might change (worse or better). He asked if this was going to be reviewed agaiin for reevaluation? City Manager Prosser said staff is monitoring the situation and if a significant change occurs during the fiscal year, staff will return with a report to the City Council. Most likely, this will be reviewed again dining next years budget process. City Manager Prosser said the goal was for the Building Division to be a self-sustaining operation. The Budget Committee approved a subsidy from the General Fund in the amount of $300,000. Because of the dining of the process, we will not meet the goal of receiving $250,000 from fee adjustments this fiscal year. The subsidy will likely be a little more. 5:15:11 PM Interim Building Official VanDomelen advised staff submitted the proposed fees to the State Director of Consumer and Business Affairs for approval. A 45-day notice period just concluded. In response to a question from Councilor Henderson, Interim Building Official VanDomelen advised no feedback was received fronn the F Iomebuilders. The I Iomebuilders were notified through the process with the state and Interim Building Official VanDotnelen has not received any notice of an appeal. In response to a question from Councilor Buchner, City Manager Prosser advised that City Code requires an annual review of the 1VIaster Fee Schedule, which is done as part of the Budget process. $:17:35 PM d. Public testi pony: None. Staff recommendation: Interiin Building Official VanDomelen recommended that the City Council adopt the proposed resolution. f. Mayor Dirksen closed the public hearing. g. Council consideration: Motion by Councilor Bueluier, seconded by Councilor Webb, to adopt Resolution No. 09-64. TIGARD CITY COUNCIL/LCRB MINUTES - September 22, 2009 Cin of Tigard 13125 SW Half Blvd., Tigard, OR 97223 503-639-4171 w-vw.tigard or.gov Page 7 of 10 RESOLUTION NO. 09-64- A RESOLUTION TO AMEND THE PORTION OF THE MASTER FEES AND CHARGES SCHEDULE, PERTAINING TO BUILDING FEES AS ADOPTED UNDER RESOLUTION NO. 09-44 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes 5:20:05 PM Recess City Council Meeting Chair Dirksen called Local Contract Review Board Meeting • Local Contract Review Board Members present: Chair Dirksen; Board Members Wilson, Buchner, Henderson and Sherwood. S. AWARD CONTRACT FOR CONSTRUCTION OF BURNI-iAM STREET AND ASH AVENUE Engineering Manager McMillan recommended that the Local Contract Review Board, by motion, approve a contract award to Kodiak Pacific Construction of Tualatin, Oregon, in the amount of x$4,006,663.65 for the base bid plus Alternates 1 and 2 for the Burnham Street Constiuction and Ash Avenue construction. A September 18 memorandu n from Engineering Manager McIvIillan to the Mayor and City Council oudining the budget numbers for this project was reviewed. This memorandum is on file in the City Recorder's office. The notice of Intent to Award has been posted. Chair Dirksen said this has been a long, arduous process. It is pleasing to be at this point. 5:23:00 PSI + Motion by Board Member Webb, seconded by Board Member Wilson, for the approval of the award of contract of Burnham Street and Ash Avenue in the amount of $4,006,663.64 to Kodiak Pacific Construction. The motion was approved by a unanimous vote of Local Contract Review Board members present. Chair Dirksen Yes Board Member Wilson Yes Board Member Buelmer Yes Board Member Henderson Yes Board Member Webb Yes Board Member Buchner expressed appreciation to Engineetui ig Manager McMillan for her hard work in securing the rights of way and worliing with the property owners on this project. Chair Dirksen also acknowledged all of the engineering staff who worked on this project. This has been a learning experience and as we loop forward to more projects such as this, he anticipates they will go more smoothly because of lessons learned. TIGARD CITY COUNCIL/LCRB MINUTES - September 22, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-1171 1 wtv\v.tigard-or.gov I Page 8 of 10 • Engineering Manager McMillan said staff has issued a Request for Proposal for an Owner's Representative to perform the construction management and survey for the project that will needed for the nest one- to two-years. The Council will consider the award of the proposal on October 27, 2009. • Breaking ground on the project is estimated to occur in mid-October. City Manager Prosser said that because this is such a significant for the City, Engineering Manager McMillan will begin updating the City Council on progress at a business meeting each month for the duration of the project. A coinimu nication plan will be assembled defining how property owners will be notified of construction events through cornpietion of the project. • A groundbreaking ceremony will occur. • Board Member Wilson noted this is the fast of several upcorning projects in the area. Others corning include Main Street, Greenburg Road, and Hall Boulevard. 8:30:16 PM ❖ Adjourn Local Contract Review Board Meeting Reconvene City Council Meeting 9. SUPPORT PERIODIC REVIEW GRANT APPLICATIONS TO PERFORM AN ECONOMIC OPPORTUNITIES ANALYSIS AND A WELLHEAD PROTECTION PLAN Assistant Comrmunity Development Director Harnett presented the staff report. Both Agenda Item Nos. 9 and 10 are grant applications for which Council authorization is needed. Motion by Councilor Buchner, seconded by Council President Wilson, to approve Resolution No. 09- 65. RESOLUTION NO. 09-65 - A RESOLUTION SUPPORTING PERIODIC REVIEW GRANT APPLICATIONS TO PERFORM AN ECONOMIC OPPORTUNITIES ANALYSIS AND A WELLI IEAD PROTECTION PLAN The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes 8:33:27 PM 10. SUPPORT AN APPLICATION FOR FEDERAL ASSISTANCE FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS ALONG PORTIONS OF SW FALL AND KNOLL STREETS Assistant Corrumunity Development Director Harnett presented the staff report. The Cornrnunity Partners for Affordable Housing would receive and administer any Community Development Block Grants awarded. The City's role would be one of support for the project, but would not provide any hard-dollar contribution or grant administration. Council Consideration: Resolution No. 09-66 Motion by Council President Wilson, seconded by Councilor Webb, to adopt Resolution No. 09-66. TIGARD CITY COUNCIL/LCRB MINUTES - September 22, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-1171 1 www.tigard-or.gov I Page 9 of 10 RESOLUTION NO. 09-66 - A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING AN APPLICATION FOR FEDERAL ASSISTANCE FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS ALONG PORTIONS OF SW HALL AND KNOLL STREETS. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 11. COUNCIL LIAISON REPORTS: None 12. NON-AGENDA ITEMS: None 836:50 PM 13. ADJOURNMENT Motion by Councilor Webb, seconded by Council President Wilson, to adjourn the meeting. The motion was approved by a unanilnous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes Catherine Wheatley, City Recorder Attest: Mayor, City of Tigard Da [:\Allit[\CA'I'I-IY\CCi1I\2009\090922 final.doc TIGARD CITY COUNCIL/LCRB MINUTES - September 22, 2009 CityoETigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 w-,~lv.6gard-or.gov Page IO of IO City of Tigard 1 3 Tigard Workshop Meeting - Minutes c- . TIGARD CITY COUNCIL/CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE/TIME: October 20, 2009 - 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 1. WORKSHOP MEETING 1.1 Mayor Dirksen called the City Council to order at 6:30:45 PM 1.2 Deputy City Recorder Krager called the roll: Present Absent Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - None. 1.5 Call to Council and Staff for Non-Agenda Items - None. 2. JOINT MEETING WITH THE BUDGET COMMITTEE FOR UPDATE ON PRIOR AND CURRENT YEAR BUDGET AND TO SEEK DIRECTION ON NEXT YEAR'S BUDGET Deputy Recorder Krager called the roll for the Budget Committee Citizen Members: Present Absent Budget Committee Member James x Budget Committee Member Parker x Budget Committee Member Bailey x Budget Committee Chair Snider x Budget Committee Member Struck x Budget Committee Alternate Goodrich x Finance and Information Services Director LaFrance thanked the Budget Committee members for attending. He summarized the agenda: • Present a brief FY 2008-2009 wrap up (audited numbers are not available yet) • Discuss State and City Transportation Funding • Engineering Department Reorganization • Budget Amendments • Seek Council direction as staff and the Budget Committee prepare for the next budget cycle TIGARD CITY COUNCIL/CCDA_MINUTES OCTOBER 20, 2009 `City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 w-v-v.tigard-ongov Page 1 of10 Assistant Finance Director Smith-Wagar gave a wrap-up of the prior fiscal year. She said the audit has not been completed but she felt confident the numbers wouldn't be changing much. Since detailed discussion was held during the budget preparation process, she highlighted some areas where the numbers differ from those budgeted: Parks Capital Fund - ended up with additional expenses due to unfunded projects, will need to adjust but will still end with a negative find balance, liquidated in the current fiscal year by transfers. Building Fund - the construction slowdown was more extreme that expected. Although steps were taken to help mitigate the severity, the Building fund is expected to have a very low fund balance. • Facilities Capital Fund - there were unbudgeted expenses associated with the Fanno Creek House, for example. Assistant Finance Director Smith-Wagar said staff will come before Council later this fiscal year with a budget amendment and analysis of why these funds ended up lower than expected. She said overall, the City is financially where it was expected to be. She asked if Council had any questions. There were none. Finance and Information Director LaFrance gave the Budget Committee an update on significant changes to transportation funding that occurred since they last met. State Transportation Bill/Gas Tax: He said the State of Oregon passed a transportation bill, increasing the state gas tax by 6 cents per gallon and increasing vehicle registration fees. Portions will go to local jurisdictions, generating almost $1 million for Tigard once fiiily implemented in 2012. The bill also had language stipulating that local jurisdictions may not change their gas tax ordinances after September 28, 2009. This created an issue for Tigard because the City will need to make changes to their gas tax ordinance, as projects are identified after the Greenburg/Main/99W project is completed. Another problem is that Tigard's ordinance also stated that for every dollar of increase received from a county or state gas tax, Tigard would lower their City collections on a dollar per dollar basis. He said this is a problem because it would require a change in the local ordinance and any changes are prohibited. A third issue is that in order to borrow against the Greenburg/Highway 99W intersection project there needs to be a steady stream of revenue. He said Council changed Tigard's gas tax ordinance before the September 28 deadline to state that future projects will be determined by the newly formed Transportation Advisory Committee once the Highway 99W/Greenburg/ Main improvements are paid for. It also means that within Tigard's own gas tax, the City will benefit from the full amount that the State intended the local jurisdictions to receive. Councilor Buchner mentioned that the City's financial advisor confirmed it would be difficult to sell bonds with the provision of the offset and they advised the City to change the ordinance. Mayor Dirksen said the new legislation made it so the City would not be able to enact the ordinance to sunset because that would be a change, and no changes would be allowed. Budget Committee Chair Snider said, "I worry as the citizen Chair of the (Budget) Committee currently and also as somebody who helped convince the public by writing a pretty scathing letter supporting the gas tax in the local paper, that we may not be living up to our commitments, and I assume Council considered that." _ _ TIGARD CITY COUNCIL/CCDA MINUTES OCTOBER 20, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-ongov Page 2 of10f City Manager Prosser said Council discussed that once the Greenberg/99W is fully funded we can stop collecting it, which was the intention of the sunset clause, unless the Transportation Advisory Committee comes up with other projects they think need to be done. Budget Committee Chair Snider advised that a discussion needs to be held with the community before another project is identified to use the local gas tax. He suggested that the City discuss this bill with our local legislators. City Manager Prosser said City staff and Councilors were very active, visiting our local legislators this year many tunes and the state transportation funding package was always discussed. Although a grandfather clause was requested, the legislature ultimately came up with a law prohibiting any changes in existing ordinances. Budget Committee Chair Snider suggested that the solution of funding the one project and then stopping it is a good one. Burnham Street Project: Finance and Information Services Director LaFrance noted that the Budget Committee wanted the Burnham Street bid documents broken into three different options with add/alternates which staff did. He said bids came in significantly lower than estimated two years ago when the street was designed. He said that the City will be able to afford to do the Burnham Street improvements with a minimum of borrowing. Budget Committee Member Bailey asked if the bid for Burnham Street had been awarded. City Manager Prosser said a decision had been made. He said the engineer's estimate for the Burnham Street Project was $8.4 million and the low bid received was $4.1 for the full project. He said there are sufficient funds to do the entire project so Council approved a bid award at that level. The groundbreaking for the project was today. Budget Committee Member Struck asked if the project timeframe would be the same. City Manager Prosser replied that the City had planned for the project to take 18 months but the contractor awarded the bid, Kodiak Construction, is estimating that it may be completed as early as six months ahead of schedule. 6:57:13 PM Street Maintenance Fee: Finance and Information Services Director LaFrance said staff has done a lot of work and there has been much lengthy outreach on the street maintenance fee. A public hearing is scheduled for December 8 to consider an ordinance, similar to what was discussed previously with the Budget Committee. He said the Budget Committee may be familiar with what the citizen's Transportation Financing Task Force proposed and the proposal is largely the same but Council requested a few changes. He said Council agreed that a goal of a Pavement Condition Index rating of 70-75 is what the City should aim for to stop further deterioration. After looking at other funding alternatives they concluded that a street maintenance fee is the best way to fund that. He said it is roughly a $2.5 million program, with $2.2 million for road surface and $300,000 fox right-of-way maintenance, annually. He said the fees are increasing but Council wants it to be phased in over three years. 6:59:37 PM Councilor Buehner said, "We didn't start the right-of-way component until the last two years of the phase-in period." TIGARD CITY COUNCIL/CCDA MINUTES - OCTOBER 20, 2009 City of Tigard 1- 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 Nvww.tigard-or.gov J Page 3 of10 Budget Committee Member Bailey asked if having gas tax revenue takes any pressure off the street maintenance fee requirements. 7:00:15 PM Mayor Dirksen commented that the original intent of the street maintenance fee was to find an alternative source of funding for maintenance which would free up gas tax dollars for necessary capital projects. He acknowledged concerns expressed by Budget Committee members that changes were not anticipated in 2002 when this fee was created. He said, "There was no error made; we had agreed at the time we created the fee that every three to five years, we would reevaluate the fee, based on what we see the next maintenance cycle requiring and then adjust the fee. We were anticipating the inflation ratio to stay about the same." 7:02:15 PM Budget Committee Member Parker said, "My understanding is that we missed the mark a little bit and we also changed the way we evaluate the streets at die same time. It got a double hit. I'll meet you in the middle." Mayor Dirksen agreed that the City dial not anticipate how much costs would increase over time. Budget Committee Member Bailey asked if, given the lower bid just received on the capital project, the City had lowered their estimates for street maintenance costs. Mayor Dirksen said the estimates are based on the latest costs received for asphalt Council President Wilson responded to Committee Member Parker's comment, saying that the City does have a more sophisticated way of tracking road condition than it did in 2002. Budget Committee Member Parker asked if it was possible for the City to use capital money for street maintenance. Finance and Information Services Director LaFrance said the Budget Committee can make that recommendation. He said once we pay off Burnham Street in six years, we could look at this. Mayor Dirksen said another issue is that the federal government is considering a reauthorization of their transportation package. Once it passes, we have to look at that new package and what it might mean for us and adjust our financing for capital improvements. Budget Committee Member Bailey asked if the City could lower street maintenance fees if federal funding comes in higher than expected. Mayor Dirksen said it could be considered. 7:07:53 PM Councilor Buehnet noted that another option is having street lighting costs covered by utility fees paid by citizens. She noted that was how street lighting was paid for in unincorporated Washington County at one time. Finance and Information Services Director LaFrance said that annual cost is roughly $550,000. City Manager Prosser discussed the Engineering Department reorganization. He noted that the Budget Committee recommended periodic performance audits of City departments and the Police and Library audits have been completed. Earlier this year an outside review of the Community Development Department, including Engineering, was completed. The auditor's report found some things are done well but some changes were recommended. One recommendation was to move most of the Engineering Division to Public Works from Community Development. This has been completed. The audit also found that the Capital Improvement Plan (CIP) had a 50% completion rate. He said the City wants to do a better job of estimating what can reasonably be accomplished. He said the Budget Committee will see a different looking CIP next year. The review indicated that the City is understaffed within the engineering function. A vacant position in Public Works was reclassified to Engineer. Overall staffing has not increased at the City. TIGARD CITY COUNCIL/CCDA MINUTES W OCTOBER 20, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 tiuww.tignd-or.gov I Page 4 of 10 7:21:12 PM Finance and Information Services Director LaFrance said there would be an omnibus budget amendment for fiscal year 08-09 for any clean-up (items coded to wrong account) but the major focus is the reorganization of the Engineering Department. He is considering moving revenue (block grant) and the ARR A stimulus money from Community Development to Public Works. City Manager Prosser said $1.3 million in ARRA funds for street maintenance will help buy time as increases to the street maintenance fee have been under discussion. Stimulus money was also received for the 10 million-gallon water reservoir. Finance and Information Services Director LaFrance sought the Budget Committee's input on the next budget cycle process. He said staff proposed a goal to adopt the City's budget at end of May. He asked about location and meeting night changes - holding Budget Committee meetings in Town Hall on Thursdays. The Budget Committee thought earlier adoption was fine but want to keep Mondays as their meeting night Various locations were discussed and Finance and Information Services Director La France will confirm the location. They agreed that the format used last year is acceptable. 7:33:08 PM City Manager Prosser said Council meets every year to set goals and is currently looking at December 22 as the date for a goal setting session. He said input has been sought in the past from boards and committees so the Budget Committee might want to prepare their input for this session. At 7:34 PM it was moved by Mayor Dirksen and seconded by Councilor Webb to recess the City Council meeting and convene the City Center Development Agency (CCDA). All members of the CCDA and CCDA Budget Committee were present 3. JOINT MEETING WITH THE CCDA BUDGET COMMITTEE FOR UPDATE ON PRIOR AND CURRENT YEAR CCDA BUDGET AND TO SEEK DIRECTION ON NEXT YEAR'S BUDGET 7:36:19 PM Finance and Information Services Director LaFrance said there are no changes to the CCDA budget. The audited numbers for last fiscal year will be available at the next joint Meeting with the CCDA and CCDA Budget Committee. He confirmed that it was the CCDA's desire that the process as presented for the City's budget could be mirrored by the CCDA. At 7:37 PM Councilor Webb moved to adjourn the CCDA and reconvene the City Council. Councilor Buchner seconded the motion and the motion passed unanimously. 4. WORKSHOP ON DOWNTOWN CODE AMENDMENTS AND DESIGN STANDARDS CPA 2009-00003 7:38:01 PM Redevelopment Project Manager Farrelly discussed proposed changes to the Development Code related to the downtown area. He presented a PowerPoint slide show, a copy of which is available in the City Recorder's office. He said changes to the Downtown Code were recommended as part of the Tigard Downtown Improvement Plan ('TDIP) to foster the development of a walkable urban village. This was also recommended in the Leland Consultants development strategy. Design standards encourage all new development to be high quality and well designed. He said the purpose of this Downtown Code Amendment is to: _ TIGARD CITY COUNCIL/CCDA MINUTES - OCTOBER 20, 2009_ F City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 Jill Ai I Page 5 of10 • Rezone the urban renewal district (encompasses all of urban renewal district as well as the Main Street Village complex, Tigard Senior Center and Fanno Creek House) • Respond to the market - One zone (Mixed Use-Central Business District) allows wide variety of uses and provides clear and objective standards. Includes a "safety valve" for project approval. • Incorporate form based code elements which focus on building orientation and street-facing fa~ade- especially on ground floor. • Respect existing businesses by seeking to reduce creation of additional non-conforming uses and allowing existing non-conforming development to remain viable. • Implement the vision of the TDIP - Design standards require pedestrian-scale development and encourage well-designed higher density transit-oriented development Redevelopment Project Manager Farrelly asked Council if there were alternatives or things they would like staff to re-examine. He noted that this was approved by the Planning Commission last night The next Council discussion will be at the November Workshop meeting, City Manager Prosser asked about the Tigard Christian Church on Hall Blvd. Redevelopment Project Manager Farrelly said the Comprehensive Plan designation will be revised but it will not be re-zoned. Councilor Buchner asked if the City can do anything to make sure there is affordable housing as well as commercial business along the sub-area of Scoffins Street, which is near transit. Redevelopment Project Manager Farrelly said that was in the Station Area Overlay which has higher density proposed, 80 units per acre. He noted that the City must reach agreement with ODOT on this but he thought allowing more density would encourage residential building. Councilor Henderson asked about the zoning of the Main Street Apartments. Redevelopment Project Manager Farrelly said it was left out of the current urban renewal area but it is already zoned Central Business District (CBD-PD). It will be included in the larger re-zoning of the area. Councilor Henderson asked about the use of traditional architecture rather than modern design as he felt the illustrated facade illustrated. He noted that the WES station has modem - not traditional - art, for example. Redevelopment Project Manager Farrelly said the standards encourage traditional design, but there is discretionary review by a Design Review Board. 8:04:40 PM Council President Wilson said, "This is the most well researched, heavily evolved code the City has ever done." He asked if there is anything in the Code that would facilitate the City taking a more aggressive approach on parking such as requiring a parking lot to span multiple properties. He asked if property owners could pay a fee in lieu of parking. Redevelopment Project Manager Farrelly said, "Minimums were identified. We did discuss a fee in lieu of parking and decided against it. The TDIP does call for a parking structure." 8:07:59 PM Councilor Buchner suggested that the City be proactive and investigate requiring openness to adjacent parcels (in parking lots). Redevelopment Project Manager Fartelly said this is a current requirement but was not in place when most of the existing properties developed. New development would have to be in line with that requirement TIGARD CITY_COUNCIL/CCDA MINUTES - OCTOBER 20, 2009 r City of Tigard 1 TT 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 %v~vw.tigard-or.gov I Page G of10 Councilor Buehner suggested asking the high school students in attendance what they wanted to see in downtown Tigard. They said: • more shopping • bike parking and bike lanes. • Where would the parking be? Council expressed their appreciation for the work done by staff and the Design Standards sub-committee. 5. 8:14:59 PM WORKSHOP ON URBAN FORESTRY MASTER PLAN Arborist Prager and Assistant Planner Daniels presented a PowerPoint on the Urban Forestry Master Plan. A copy is available in the City Recorder's office. The UFMP citizen advisory committee has the following goals for the Urban Forestry Master Plan: • Revise Tree Code - less focus on mitigation, more on quality tree preservation and reforestation • Revise Landscaping Code - improve street and parking lot tree planting and maintenance standards • Protect Tree Groves - develop incentive based program for protecting remaining groves of native trees • Develop a Hazard Tree Program - improve emergency response by City for public tree hazards and grant City authority to • Improve management of City's urban forestry program - develop an inventory and create a Greenspace Coordinator position. • Develop an Urban Forest Stewardship Program - provide resources for citizens to better manage trees on private property, and prevent clearing of lots prior to development activities. Tree Board Chair Sizemore said the Tree Board supports the UFMP Mr. David Walsh said he was the Planning Commission representative to the Tree Board. He said the UFMP is well done and complimented staff for putting together a well-run Citizen Advisory Committee. He noted the large amount of public input sought on this. He said, "As far as the Planning Commission - this is a natural step from the Comprehensive Plan Update." He said a lot of time was spent discussing trees during the Comprehensive flan review. He said the Planning Commission wanted to make sure the UFMP reflected the Comprehensive Plan, and it does. He said the six goals were logical and noted that it was unanimously approved by the Planning Commission. Mr. Phil Hicke said he is an arborist and served as a technical member, representing commercial arboriculture. He voiced support of the UFMP and his professional opinion is that the document is sound, sensible and scientifically based. He said it represents the best balance of public and private concerns. He summarized by saying the UFMP conserves Tigard's natural resources and provides for preservation of trees. 8:34:55 PM Councilor Buchner asked about inappropriate street trees. She said she hoped that when the Tree Code is developed the tree list is examined and there is a recommendation to plant only native trees. She was pleased to see that her suggestion about being proactive about dangerous trees was included. She recom- mended including the State of Oregon's invasive plant list in the Stewardship Program section. She asked staff if a program could be developed that educates citizens on appropriate plant choices. TIGARD CITY COUNCIL/CCDA MINUTES OCTOBER 20, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of10 5:41:56 PMMayor Dirksen said, "Out goal is to try and save as many trees as possible; but at the same time, make sure that property owners can develop their property to the level that they are allowed." He asked, "If someone meets the goal of preserving as many trees as possible, why should they have to mitigate? We need to allow development." Tree Board Member Walsh said there needs to be a detailed discussion at that point - it doesn't need to be restrictive. Incentives could be allowed. 8:46:29 PM Councilor Buchner suggested a joint Council/Planning Commission meeting for policy discussion prior to working on the mitigation issue. Mr. Walsh agreed that a policy discussion with the two bodies would be helpful and recommended that the Tree Board not be involved, saying, "That is not the place for it." Council President Wilson said the City should identify what the important natural resources are, figure out how to protect them, and then work as a community to see what we can afford to protect for posterity. City Manager Prosser suggested that a date for a joint Council/Pl<wning Commission meeting might be the January 19, 2010 Workshop meeting. 6. 8:54:24 PM BRIEFING #3 ON TIGARD TRANSPORTATION SYSTEM PLAN UPDATE Senior Planner Wyss introduced this item. He gave a brief overview on the status of the Tigard Transportation Plan Update (TSP). Since August the consultant team has finalized the Needs and Deficiencies Report and a second public forum was held during Tigard's Family Fest. He said the next step is to develop a list of recommendations. Staff will edit these preliminary recommendations. He said the Consultant will complete the initial draft of the updated TSP by the first of December. He encouraged Council to review the draft document, particularly paying attention to projects recommended for removal; these are highlighted. Staff also invited Council to meet with them individually and said they'll work with the City Manager to schedule this as needed. Councilor Buhner asked Senior Planner Wyss what the citizen committee input was. He responded that their focus was on smaller pedestrian/bike projects as opposed to flyover ramps on 217, for example. Mayor Dirksen said he would like to hear from staff how well Tigard's Transportation System Plan meshes with the Regional Transportation Plan (RTP). He asked if the projects recognized by Tigard as important are supported in the RTP. Senior Planner Wyss suggested Council look at page 20 to see a comparison of City projects with the RTP. Council expressed concern about projects that were removed from the list. Councilor Buchner requested to give input specifically regarding the suggestion to delete a ramp from the Tigard Triangle to Hunziker Street (Projects 20 and 29). She said she was concerned about overall transportation issues in the Triangle. 9:04:34 PM Council President Wilson agreed and said the City is now in the middle of 99W projects and is looking for increased density. He said, "We need to make sure the Plan responds to this. Is there any way to anticipate light rail and where the best place for that is? We need to critically look at downtown, Tigard Triangle and other areas before we start removing any projects from the list." _ T_ IGARD CITY COUNCIL/CCDA MINUTES OCTOBER 20, 2009 6City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 ~1 503-639-4171 Vvxvw.tigard-or.gov Page 8of10 9:07:37 PM Councilor Buchner asked Senior Planner Wyss to look at the Washington County Transportation Plan as there were some projects not included in the 2020 plan that were left as "notes." She specifically mentioned an overpass on 99W at Gaarde/McDonald and also one at Hall Boulevard. She asked Senior Planner Wyss to get this information for Council. 9:08:58 PM Mayor Dirksen asked where the corridor on 99W was in Figure 5.5 - Transit Service Projects. Senior Planner Wyss said staff will have the map updated showing a mile-wide corridor. Mayor Diduen noted that some bike areas seemed to be out of the city limits and Senior Planner Wyss confirmed that they were. Mayor Dirksen said it was worth looking at reconfiguring and reorienting streets so bike Imes are adjacent to the sidewalk rather than in the car travel lane. Senior Planner Wyss said, "We will add this in." Council President Wilson described his recent experience riding bikes throughout Tigard. He suggested that off-road bike paths are preferable to cyclists but some of Tigard's oft road bike paths are narrow with random curves and show neglect. He said trails following waterways are a natural location for bikes because they are relatively flat and have fewer road crossings. He encouraged improvement and completion of the Fanno Creek Trail segment and said he wanted to explore a more ambitious and targeted bike system. Senior Planner Wyss responded that a bike map fiinded by Metro is currently in development and citizen volunteers are riding through Tigard to come up with good alternative routes off of the arterials. He said the City also received a Transportation Growth Management (TGM) grant for studying how to fill in the trail gaps. He said both projects will get folded into the TSP. NON AGENDA ITEMS - 9:14:09 PM Councilor Webb said she testified at Washington County in favor of the aquatic district Fundraisers have come up with enough money to keep the pools running through July but if the Washington County Commission does not vote to allow a special district, the school district will close the pools. Council President Wilson said he attended a recent meeting on funding the pools and thought that the crux of the problem is the various political entities involved. 9:18:42 PM City Manager Prosser said the meeting discussion focused on exploring utility fees as a vehicle to pay for the pools. He said the cities of Tigard, Tualatin, Durham and King City could do this but Washington County would have to take it to the people for a vote. The unincorporated areas are the issue. Do those pool users pay a user fee that is partially subsidized by the cities or do they pay the actual cost, which would be quite high? City Manager Prosser said before the cities can consider the use of utility fees they need to see a target funding amount to come from within the cities' boundaries. He said they cannot calculate anything without this and have not seen it. He said he will set up a meeting with Tualatin's City Manager this week to discuss pool funding as Washington County's deadline is October 27, 2009. 9:26:21 PM Councilor Webb said it would cost citizens an additional $1.41 to join Tualatin Hills Park & Recreation District and she did not believe there would be support for this. Council President Wilson said he is the representative for the Regional Water Providers Consortium and would like to discuss water conservation and, as he is voting on policies, needs to know what Tigard's needs and desired direction are. Councilor Buehner said she had been on the Intergovernmental Water Board for many years and noted that Tigard has more people now but is using less water than ten years ago. City Manager Prosser said the City's conservation goal is 1% per year, which is substantial when viewed over time. Council _ TIGARD CITY COUNCIL/CCDA MINUTES - OCTOBER 20, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 -,v-,vxv.dgard-or.gov Page 9 of10 President Wilson suggested that he meet with Public Works Director Koellermeier to get his specific questions answered and Mr. Koellermeier could provide the entire Council with an update on the City's conservation efforts. 7. ADJOURNMENT Councilor Buchner moved for adjournment Councilor Webb seconded the motion and all voted in favor. The meeting adjourned at 9:32:41 PM. Yes No Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x Attest: Mayor, City of Tigard 1AADM\Cithy\CCM\2009\091020P draftdoc Carol A. Krager, Deputy City Recorder _ TIGARD CITY COU_ NCIL/CCDA MINUTES OCTOBER 20, 2009 _ City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 10 of10 Agenda Item No. of - a . For Agenda of December 8. 2009 it tia4' Cr 37A',\jDD MEMORANDUM TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder eAk-~ RE: Three-Month Council Meeting Calendar DATE: December 1, 2009 Regularly scheduled Council meetings are marked with an asterisk December 8;}z Tuesday Council Business Meeting - 6:30 pm, Town Hall 15'* Tuesday Council Workshop Meeting 6:30 pm, Town Hall 22* Tuesday Council Goal Setting Meeting - 1-5 pm, Fanno Creek House 25 Friday Christmas Holiday, City Hall Closed January 1 Friday New Years Day Holiday - City Hall Closed 11 Monday Joint Meeting with Labe Oswego, 6 p.m., Lake Oswego City Hall 12* Tuesday Council Business Meeting - 6:30 pm, Town Hall 18 Monday Dr. Martin Luther King, Jr. Day Holiday, City Hall Closed 19* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 26* Tuesday Council Business Meeting - 6:30 pm, Town Hall February 9* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15 Monday Presidents Day - City Hall Closed 16* Tuesday Council Workshop Meeting 6:30 pm, Town Hall 23* Tuesday Council Goal Setting Meeting -1-5 pm, Fanno Creek House h\ADM\City C0uncil\C0UnCil Calendar\3-month calendar fo 091208 ee mtg.doc Agenda Item No. G/, a - Tigard City Council Tentative Agenda 2009 Meeting of a QCJ Date: December 8, 2009 Meeting Date: December 15, 2009 Meeting Date: December 22, 2009 Typefi'ime: Business/ 6:30 p.m. Meeting Typefrime: Workshop& CCDA16:30 p.m. Meeting Type/Time: Goal Setting/1-5 p.m. City Hall Location: City Hall Location: Fanno Creek House to Sched. Due October 27, 2009 Request to Sched. Due November 3, 2009 Request to Sched. Due November 10, 2009 s Due @ 5: November 24, 2009 Materials Due @ 5: December 1, 2009 Materials Due @ 5: December 8, 2009 Ludy Session - Time Sched. 45 min. - 0 Avail. ity Attorney Review - Admin. Sl - 30 min. iscuss TMC Amendments. reflecting SB 915 Req. for Civil Penalties for Building Code Violations - Susan/Mark - 15 min. Hppoin'i I;C:AU memoers -Sean - Kt:S Appoint Planning Comm. Members - Dick- RES Appoint Budget Committee Members-Toby-RES Res. Of Necessity for Greenburg/99W/Main St. Inter- section Imp. Project - Gus - RES Rec. & File - Canvass of Votes -Nov. Election-Cathy Support Ltr. of Intent to Metro for Grant-Duane Business Meeting Tigard Chamber of Commerce Rep. Proclamation - Human Rights Week and Day -5 min. Bumham Street Project Brienna_ - Kim - 10 min. Formalize City's. Legislative Priorities for 2010 Session- Kent W. & Liz N. -10 min. PH - Withdrawal of Territory from Tualatin Valley Water District - Correcting Legal Title and Not Impacting Existing Service Boundanes - Dennis -10 min. - ORD Consider TMC Amendments reflecting Senate Bill 915 Requirements. for Civil Penalties for Building Code Violations - SusanlMark - 10 min. Time Avail: 110 min. - Time Scheduled: 110 min. Time Leff: 0 min., Joint CCDAICCAC Meeting to hear Presentation from City of Albany's Urban Renewal Manager - Sean - 60 min. - PPT Update the Buclgrt Comrnittre •)n the Cliv's YTP Financial Pirtur{ - PrIT - Tob- - 1,1 mir+ (:CDA.: Updatf- CCDA Fsudnet lomnlit€ef . n th, Citvl:, ; TD Fin,inrial Pictum - PPT - i niw -10 1nln. Briefing #4 on Tigard Transportation System Plan Update - Darren - 30 min. Second Workshop on Downtown Code Amendments - Sean - 35 min. Avail: 180 min. -Time Scheduled: 165 min. Left: 15 min. Goal Setting Meeting Avail: 110 min. -Time Scheduled: 0 min.l Left: 110 min. Page 1 of 7 Color Key: Admin-Green CD - Red HR - Magenta Finance/IT - Orange Library - Aqua Police - Blue Risk - Purple PW - Brown CG = Council Goal 12/1/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: January 11, 2010 Meeting Date: January 12, 2010 Meeting Date: January 19, 2010 Meeting Type/Time: Joint with LOITBA Meeting Typefflme: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: West End Bldg.@Kruse Location: City Hall Location: City Hall Request to Sched. Due December 1, 2009 Request to Sched. Due December 8, 2009 Materials Due @ 5: December 29, 2009 Materials Due @ 5: January 5, 2010 Joint Meeting Study Session - Time Sched. 45 min. - 0 Avail. Workshop Meeting Dinner Hour Speaker Preview Planning Comm's Ideas for Disc. Topics Joint Meeting with CCI - Marissa - 30 min. Water Project at 1119 Joint Mtng. On Tree Code-John & Susan-15 Joint Meeting with Planning Commission re Discuss Local Contract Review Board Policies Tree Code Amendments - Susan & John - & Procedures - Toby L. & Tim R. - 20 min 60 min. Exec. Session - Real Property Neg. - Sean-10 min. Briefing on Downtown Code Amendments - Consent Agenda - Sean - 15 min. LCRB-Award 550' Zone Improvements - 10 MG Review Downtown Circulation Plan Report - Sean - Trans. Pump Station Construction Contract - 45 min. Dennis Island Annexations Initiative: Outreach & Incentive LCRB-Award Street Sweeping Svcs. Contract - Plans, Schedule and Resolution - Gary - 30 min. Dennis Approve TTSD IGA for Safe Schools Grant- Jim Joint Meeting w/Lake Oswego City Coun Business Meeting THS Student Envoy Chamber of Commerce Rep. State of the City Address - Mayor Dirksen - 25 min. Burnham Street Project Briefing -Kim-10 min. Periodic Review Update - Darren - 15 min. PH - Supplemental Budget Approp. Amending FY 09-10 Budget - 15 min - Toby & Carissa-RES Approve Cable Franchise Transfer Agreement from Verizon to Frontier - Louis S. & Councilor Henderson - 15 ruin. vv/ presentation by Bruce Crest Time Avail: 110 min. -Time Scheduled: 80 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Left: 30 min. Time Left: 0 min. Page 2 of 7 1 21212 0 0 9 Tigard City Council Tentative Agenda 2009 Meeting Date: Meeting Type/Time: Location: Request to Sched. Due Materials Due @ 5: January 26, 2010 Business/6:30 p.m. City Hall December 15, 2009 January 12, 2010 Meeting Date: Meeting Type/Time: Location: Request to Sched. Due Materials Due @ 5: February 9, 2010 Business/6:30 p.m. City Hall December 29, 2009 January 26, 2010 Meeting Date: Meeting Type/Time: Location: Request to Sched. Due Materials Due @ 5: February 16, 2010 Work/CCDA/6:30 p.m. City Hall January 5, 2010 February 2, 2010 Study Session - Time Sched. 30 min. - 15 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop Discussion of New Street Lighting Technologies - Joint Meeting with CCDA/CCAC to review Burnham Street Imp. Project - Kim - 15 min. CCAC Annual Report to CCDA - Sean Regional Transportation Planning Update - Mike & 60 min. Ron - 15 min. Discuss Repeal of Title 18 Minimum Density Requirements - John - 30 min. Joint Meeting with Planning Commission - Consent Agenda Consent Agenda SI - 60 min. Review Options - Amend TMC - Advertising Signs in Public Right of Way- Susan/Ron - 30 min, Business Meeting THS Student Envoy Business Meeting Chamber of Commerce Rep. Legis. PH - Consider Ordinance to Establish Down- Burnham Street Project Briefing - Kim - 10 min. town Design Standards, Development Regulations Revise Tigard Municipal Code 7.74 regarding and Map Designations -Sean -PPT - 50 min.-ORD Emergency Operations -Mike Lueck - 25 min. Council Goal Update - Liz H. - 15 min. - SI ORD Legis. PH -Consider PC Recommendation for Amending Devel. Code Allowing Seasonal Outdoor Markets - Gary P. & Ron B. - 25 - ORD Consider Resolution to Initiate Island Annexations Gary P. - 15 min. - RES me Avail: 110 min. -Time Scheduled: 65 min. (Time Avail: 110 min. - Time Scheduled: 75 min. me Left: 45 min. Time Left: 35 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Left: 0 min. Page 3 of 7 11/30/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: February 23, 2009 Meeting Date: March 9, 2010 Meeting Date: March 16, 2010 Meeting Type/Time: Business/6:30 p.m. Meeting TypefTime: Business/6:30 p.m. Meeting Type/Time: CODA/ Workshop/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due January 12, 2009 Request to Sched. Due January 26, 2010 Request to Sched. Due February 2, 2010 Materials Due @ 5: February 9, 2009 Materials Due @ 5: February 23, 2010 Materials Due @ 5: March 2, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop . Budget Committee Joint Meeting - Update on City's YTD Financial Picture -Toby - 30 min. CCDA Budget Committee - Update on Agency's YTD Financial Picture - -Toby - 10 min. Joint Meeting with Library Board - SI Consent Agenda Consent Agenda Margaret- 30 min. Business Meeting Business Meeting THS Student Envoy Chamber of Commerce Rep. Burnham Street Project Briefing - Kim - 10 min. Consider and Adopt TMC Amendments to Specify the Removal and Disposal of Signs and Other Items Illegally Placed in the ROW and Establish Fees for Removal of Such Items Susan H. and Christine D. - 30 min. Time Avail: 110 min. -Time Scheduled: 0 min. Time Avail: 110 min. -Time Scheduled: 40 min. Time Avail: 180 min. -Time Scheduled: 70 Time Left: 110 min. Time Left: 70 min. Time Left: 110 min. Page 4 of 7 12!112009 Tigard City Council Tentative Agenda 2009 Meeting Date: March 23, 2010 Meeting Date: April or May Meeting Date: April 12, 2010 Meeting TypefTime: Business/6:30 p.m. Meeting Type/Time: Joint with TTSD Meeting TypefTime: Budget Com.ITBA Location: City Hall Location: TBA Location: TBA Request to Sched. Due February 9, 2010 Request to Sched. Due Request to Sched. Due Materials Due @ 5: March 9, 2010 Materials Due @ 5: Materials Due @ 5: Study Session - Time Sched . 0 min. - 45 Avail. Specia l Consent Agenda Joint Meeting with Tigard-Tualatin School Distric Budget Committee Meeting Annual Solid Waste Financial Report - Dennis -SI Tualatin - invite King City and Durham Business Meeting Legislative PH - Repeal of Title 18 Minimum Density Requirements - John - 30 min. Time Avail: 110 min. - Time Scheduled: 30 min. Time Left: 80 min. Page 5 of 7 11/30/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: April 13, 2010 Meeting Date: April 19, 2010 Meeting Date: April 20, 2010 Meeting TypelTime: Business/6:30 p.m. Meeting Type/Time: Budget Com.ITBA Meeting Type/Time: Workshop16:30 p.m. Location: City Hall Location: TBA Location: City Hall Request to Sched. Due March 2, 2010 Request to Sched. Due Request to Sched. Due March 9, 2010 Materials Due @ 5: March 30, 2010 Materials Due @ 5: Materials Due @ 5: April 6, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Workshop Briefing on Regional Transportation Plan - Mike & Ron - Needs RTS-15 min. Consent Agenda Budget Committee Meeting Business Meeting THS Student Envoy Chamber of Commerce Rep. Burnham Street Project Briefing - Kim - 10 min. Time Avail 110 min. -Time Scheduled: 10 min. Time Avail: 180 min. - Time Scheduled: 15 min. Time Left: 100 min. Time Left: 165 min. Page 6 of 7 12/1/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: April 26, 2007 Meeting Date: April 27, 2010 Meeting Date: May 11, 2009 Meeting Type/Time: Budget Com./TBA Meeting TypelTime: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: TBA Location: City Hall Location: City Hall Request to Sched. Due Request to Sched. Due March 16, 2010 Request to Sched. Due March 30, 2009 Materials Due @ 5: Materials Due @ 5: April 13, 2010 Materials Due @ 5: April 27, 2009 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0_min. - 45 Avail. Budget Committee Meeting Consent Agenda Consent Agenda Business Meeting Business Meeting THS Student Envoy Council Goal Update - Liz N. - SI - 15 min. Chamber of Commerce Rep. Citywide Sewer Extension Program Review - Ted - 20 min. Youth Advisory Council - Sheryl - SI Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 110 min. -Time Scheduled: 20 min. Time Left: 95 min. Time Left: 90 min. Page 7 of 7 11/30/2009 L-f r~ Agenda Item # / e,- - Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title_ _ Receive and File: Canvass of Votes for City of Tigard Measure 34-166, Bond Issue to Preserve Natural Areas, and Develop Parks and Trails - November 3, 2009 (CG n) Prepared By: Cathv Wlieatlev C Dept Hestd ApprovA City 2\igr ,approval: ISSUE BEFORE THE COUNCIL Receive and file the official election results for the November 3, 2009, Ballot Measure 34-166, Bond Issue to Preserve -Natural Areas, and Develop Parks and Trails STAFF RECOMMENDATION N/A - Information only regarding the official results for the November 2009 election. KEY FACTS AND INFORMATION SUMMARY When the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is filed -with die City Council to official "receive and file" the information. As detailed in the attached Abstract of Votes, Measure 34-166 failed: Yes 4,201 47.24% No 4,691 52.76% Voters registered in Tigard as of November 23, 2009, equaled 25,028 and based on this number the voter turnout for the November 3, 2009, election was about 36% OTHERALTERNATIVEs CONSIDERED N/A CITY COUNCIL GOALS Goal #3: Prepare for 2010 Bond Measure for Parks, Open Spaces and Trails a. Complete Parks Master- Plan b. Pursue Fanno Patk and downtown plaza property acquisition ATTACHMENT LIST Washington County Elections Division Abstract of Votes. FISCAL NOTES The estimate was that this election would cost the City $35,000-50,000, depending on how costs can be shared with other jurisdictions that also had measures on the ballot. Washington County has not yet billed die City for its share. 1:\Citywide\Council 1'ackets\Packet'09\0912118\AIS - November 3 Election Results - B011d Mcasurc.doe WASHINGTON COUNTY OREGON November 18, 2009 City Recorder City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Enclosed you will find a copy of the Abstract of Votes for City of Tigard relating to the election held on November 3, 2009. In accordance with ORS 255.295, please canvass the votes and notify the Washington County Elections Division within thirty (30) days of receipt by signing and returning the bottom portion of this letter to: Washington County Elections Division 3700 SW Murray Blvd. Suite 101 Beaverton OR 97005 Thank you very much. Sincerely, Mickie Kawai Elections Manager MKltk rw nn^-------:--------- ---ISM---m-^---------------s---- I have canvassed the votes for City of Tigard, relating to the election on November 3, 2009. By signing this canvass letter, I concur with the final results. L-ct-tjz~-~' -4 0 Il•Q3-DPI AUTHORIZING 81GNATUmd----DATE Department of Assessment & Taxation, Elections Division 3700 SW Murrray Blvd. Suite 101 Beaverton OR 97005 Phone: 5031846-5800 Fax: 5031846-5810 OFFICIAL Run Date:11/17/09 09:22 AM PRECINCTS COUNTED (OF 20) . . . . . REGISTERED VOTERS - TOTAL . . . . . BALLOTS CAST TOTAL. . . . . . . BALLOTS CAST BLANK. . . . . . . VOTER TURNOUT TOTAL . . . VOTER TURNOUT BLANK . . . . . . 34-169 Banks Charter Amendment Mayor Vote For 1 Yes . . . . . . . . . . . . No . . . . . . . . . . . . . Over Votes . . . . . . . Under Votes . . . . . . . . . Washington County Special Election November 3, 2009 VOTES PERCENT VOTES PERCENT 20 100.00 34-166 Tigard City GOB 39.480 Vote For 1 13.641 Yes . . . . . . . . . . . . 4.201 47.24 6 .04 No . . . . . . . . . . . . . 4.691 52.76 34.55 Over Votes . . . . . . . . . 0 .02 Under Votes . . . . . . . . . 2 5-197 Vernonia School Dist #47J GOB 195 B2.63 Vote For 1 41 17.37 Yes . . . . . . . . . . . . 3 30.00 0 No. . . . 7 70.00 12 Over Votes . . . . . . . . . 0 Under Votes . . . . . . . . . 0 34-170 Banks Charter Amend Council Positions Vote For 1 Yes . . . . . . . . . . . . 172 74.78 No . . . . . . . . . . . . . 58 25.22 Over Votes . . . . . . . . . 0 Under Votes . . . . . . . . . 18 34-171 Banks Charter Amendment Recorder Vote For 1 Yes . . . . . . . . . . . . 167 73.25 No . . . . . . . . . . . . . 61 26.75 Over Votes . . . . . . . . . 0 Under Votes . . . . . . . . . 20 34-172 Banks Amendment Correct City Charter Vote For 1 Yes . . . . . . . . . . . . 202 85.59 No. . . . . . . . 34 14.41 Over Votes . . . . . . . . . 0 Under Votes . . . . . . . . . 12 34-173 King City Local Option Levy Vote For 1 Yes . . . . . . . . . . No. . . . . . . . . . . Over Votes . . . . . . . Under Votes . . . . . . . 34-168 Sherwood Annexation Vote For 1 Yes . . . . . . . . . . . No. . . . . . . . . . . . Over Votes . . . . . . . . Under Votes . . . . . . . . 34-167 Banks Fire Dist #¢13 LOL Vote For 1 Yes . . . . . . . . No. . . . . . . . . Over Votes . . . . . Under Votes . . . . . 14, COMMIS 41 Coin 893 71.73 352 28.27 0 2 685 59.57 CERTIFIED TO BE A TRUE AND 465 40.43 CORRECT COPY OF THE ORIGINAL. 1 gate NO V J-2, 2 1 WASHINGTON COUNTY ELECTIO FS DIVISION 64- BY 1,866 79.51 481 20.49 0 2 NUMBERED KEY CANVASS RUN DATE:11/17109 09:18 AM REPORT-EL52 PAGE 0001 TOTAL PERCENT TOTAL PERCENT 01 = REGISTERED VOTERS - TOTAL 39.480 04 = VOTER TURNOUT TOTAL 34.55 02 = BALLOTS CAST - TOTAL 13.641 05 = VOTER TURNOUT BLANK .02 03 = BALLOTS CAST BLANK 6 01 02 03 04 05 0301 301 1633 622 1 .06 0305 305 812 248 0 .00 0317317 4 ..3. .0.. ...00 0326 326 852 374 0 . . . . .00 0400 400 2508 802 0 . . . . .00 0402 402 988 334 0 . . . . .00 0403 403 3677 1333 1 . . . . .03 0404 404 2459 B74 0 . . . . .00 0405 405 3817 1399 0 .00 0406 406 2825 929 1 .04 0408 408 4353 1927 0 . . . . .00 0409 409 2336 684 0 . . . . .00 0413 413 522 150 0 . . . . .00 0416 416 1568 478 0 .00 0419 419 1583 1001 1 .06 0424 424 3802 1034 2 .05 0435 435 3435 889 0 .00 0454 454 463 132 0 . . . . .00 0455 455 12 . 2 0 . . . . .00 0457 457 1831 426 0 . . . . .00 ~vo FQN CJtI~~'~~~ CERTIFIED TO BE A TRUE -AND, CORRECT COPY OF THE ORIGINAL Date WASHINGTON COUNTY ELECTION VISION By NUMBERED KEY CANVASS RUN DATE:11/17/09 09:18 AM VOTES PERCENT REPORT-EL52 PAGE 0008 VOTES PERCENT 34-166 Tigard City GOB Vote For 1 01 = Yes 4.201 47.24 03 = OVER VOTES 0 02 = No 4,691 52.76 04 = UNDER VOTES 2 01 02 03 04 0400 400 398 404 0 0 0402 402 145 1B9 0 0 0403 403 557 775 0 1 0404 404 416 456 0 0 0405 405 688 711 0 0 0406 406 453 475 0 1 0408 408 901 1026 0 0 0409 409 347 337 0 0 0416 416 250 228 0 0 0454 454 46 86 0 0 0455 455 0 2 0 0 a'~~ Gr~it~7SS CERTIFIED TO BE R TRUE AND CORRECT COPY OF THE ORIGINAL Date 2 OCR WASHINGTON CO }NTY ELECTIONS I SION BY Agenda Item # Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Resolution of Necessit-y for die Greenbux Road Hi lava 99W Main Street Intersection Improvement Protect (Long-Term Goals: Pursue O ortunities to Reduce Traffic Congestion in Ti and and Seek to Improve Ht 99W Corridor Prepared By: A. P. Due as Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL Council will be requested to approve a Resolution of Necessity authorizing acquisition of property needed for the construction of improvements to the Greenburg Road/Highway 99W/Main Street intersection and approaches. STAFF RECOMMENDATION That Council pass the attached resolution. KEY FACTS AND INFORMATION SUMMARY • About 70,000 vehicles per day pass through the Greenburg Road/ Highway 99W/Maui Street intersection, along with many pedestrians, cyclists, and transit riders. This intersection, together with the neighboring intersection of 99W and Hall Blvd, creates a bottleneck for traffic flowing along Highway 99W through the Tigard area. • The Greenburg Road/Highway 99W/Main Street Intersection Improvement Project, which is intended to provide capacity and alleviate traffic congestion on Highway 99W and intersecting City streets, is at 90% design completion. It will be combined with Washington County's Hall Blvd/ Highway 99W intersection improvements under one construction contract for construction in 2010. • Both Hall Blvd and Highway 99W axe state facilities under the jurisdiction of the Oregon Department of Transportation (ODOT). Greenburg Road and Main Street are City streets under City jurisdiction. • The City will be acquiring right-of-way to accommodate the intersection improvements and will be transferring portions of that right-of-way along Highway 99W to ODOT for integration into the state Ighway system. • The attached Resolution of Necessity allows the land acquisition process to proceed in a timely manner. It authorizes the City, its agents, and its attorneys to take all action necessary to acquire the right-of-may needed for the project. • This resolution may be needed if satisfactory agreement cannot be reached and does include the exercise of eminent domain if absolutely necessary to avoid potentially costly delays in bid, award and timely construction of the project. • It is the same approach used in the acquisition of parcels needed for the Burnham Street Improvement Project. OTHER ALTERNATNES CONSIDERED None COUNCIL GOALS The Greenburg Road/Highway 99W/Main Street intersection imptovement project supports the long-tern Council goals to "Pursue opportunities to reduce traffic congestion in Tigard" and "Seek to improve I-INvy 99W corridor." ATTACHMENT LIST 1. Proposed Resolution of Necessity authorizing the acquisition of right-of-way needed to acco>nmodate the project improvements. 2. Exhibit A to the resolution describing the property to be acquired. FISCAL NOTES The Greenburg Road/Highway 99W/Main Street intersection improvement project is funded through the City's local fuel tax. The total project estimate pending completion of the 90% design plans is approxitnately $5.2 trillion. The Hall Blvd/Highway 99W intersection project is funded through the County-,vide MSTIP in the amount of approxitmately $5.52 trillion with a maximum $750,000 contribution from Oregon Department of Transportation. Both projects have been combined at the 909/o design subtrdttal to be advertised for bids as one construction project. The City total project estimate will be updated at the 90% design plans submittal. is\eng\ nss\coundl agenda 1ummaries\2U09\1'-09.09 resolution of necessiry for the greenhurg-99w-main intersection improvement project-revised- ais.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING THE GREENBURG ROAD/HIGHWAY 99W/MAIN STREET INTERSECTION IMPROVEMENTS IN THE CITY OF TIGARD. WHEREAS, the Tigard City Charter grants the City authority to acquire land for public purposes; and WHEREAS, the City of Tigard, is authorized by ORS 225.005 et seq. and ORS 35.015 et seq. to purchase, acquire, take, use, enter upon and appropriate land and property within or without its corporate limits for the purposes provided in those statutes; and WHEREAS, the construction of the Greenburg Road/Highway 99W/Main Street Intersection Improvements is an approved capital improvement project identified in the City of Tigard Cupilal Impropenicid Plan; and WHERE-AS, for the public purpose of completing the project for the health, safety, benefit, and general welfare of the public, the City Council has deemed necessary the acquisition of certain properties; and WHEREAS, the project is in the initial stages of land acquisition with appraisals currently being prepared based on legal descriptions developed from the project design plans; and WHEREAS, to allow for acquisition of these properties in a titnely and efficient manner, a resolution of necessity is required to allow the City to take all measures necessary to acquire the property, including the exercise of eminent domain, if needed. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard City Council does hereby find and declare that property located in the City of Tigard, Washington County, Oregon is needed and required for the construction, operation, maintenance, repair and improvement of the Greenburg Road/Highway 99W/Main Street Intersection. This property is described in Exhibit "A" attached hereto and incorporated herein by this reference; ancillary easements as may be needed for construction related purposes; potential revisions to the parcels that may be necessary as the project design goes to 100% completion; and additional land as yet undescribed that may be needed to fully accommodate the intersection improvements and approaches in accordance with the final design drawings. SECTION 2: The construction of improvements to the Greenburg Road/Highway 99W/Main Street intersection and approaches for which real properties and interests are described herein are required and are being taken as necessary in the public interest, and the improvements to said properties will be planned, designed, located and will be constructed in a manner that will be most compatible with the greatest public benefit and the least private injury or damage. SECTION 3: The Tigard City Manager, the City's agents, and the City's attorneys are authorized to negotiate with the owners and other persons in interest in the real properties and interests described herein as to the compensation to be paid for their acquisition. The Tigard City Manager is authorized to enter into an agreement for purchase of the properties and interests at the appraised fair market value. The City Manager is further authorized to negotiate and execute agreements for purchases that exceed the appraised values as long as the total agreement amount is less than $75,000. Purchase of property and easements for amounts that exceed the appraised values and are higher than $75,000 must be approved by City Council. SECTION 4: In the event that no satisfactory agreement can be reached on the any of the properties and interests, then the attorneys for the City of Tigard are directed and authorized to commence and prosecute to final determination such proceedings as may be necessary to acquire the real property and interests, and necessary easements, including exercise of eminent domain, and upon the filing of such proceedings, possession of the real property and interests therein may be taken immediately to the extent provided by law. SECTION 5: This resolution is effective immediately upon passage. PASSED: This day of , 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard iAeng\gu5\reso1116os1 of neeessityVesulti6on of necessity for the gncenbwg road-99w-rnnin stmect intersection pmjcct res.&C WH FRIff EXTH iIT "A" SW Grccnburg/Main/IIwy 99W City of Tigard Project No. 0567 July 17, 2009 Revised: July 31, 2009 Parcels 1 and 2 File No. 002 Assessors Map: 2S 102AA Tax Lot No.: 00903 PARCEL 1 - RIGHT--OF-WAY DEDICATION A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to McDonalds Corporation, by Warranty Deed - Statutory Dorm, recorded February 14, 1978 in Document No. 78007239, Washington County Book of Recofds, said parcel, described specifically as follows: Conunencing at the Northeast corner of Section 2, said Township and Range; Thence, North 88'28'11 " West along the North line of said Section 2, a distance of 598.58 feet to a point on the southeasterly right-of-way line of State Highway 99 West; Thence, along said southeasterly right-of-way line, the following three courses: South 64°27'04" West, a distance of 53.25 feet; Thence South 29°28'24" East, a distance of 2.34 feet; Thence, South 57°20'28" West, a distance of 49.22 feet to a point on the southeasterly right-of-way line of SW Main Street and the beginning of a 150.00 foot radius curve, concave northwesterly; Thence, along said right-of-way line and said curve through a central angle of 108°47'03"(The chord of which bears South 32°32'56" West, a distance of 213.91 feet) an are distance of 284.80 feet to a point of reverse curvature and the beginning of a 380.23 foot radius curve, concave southeasterly; Thence, continuing on said right-of-way line and said curve through a central angle of 32°48'32" (The chord of which bears South 70°32' 11" West, a distance of 214.77 feet) an are distance of 217.73 feet to the point of beginning. Thence, from said point of beginning, leaving said southeasterly right-of-way line, South 1 ]'18'26" West, a distance of 21.12 feet to a point on the northeasterly right-of-way line of SW Scof-iins Street; Thence, along said right-of-way line North 43°24'05" West, a distance of 14.08 feet to a point on the southeasterly right-ol=way line of S.W. Main Street; Page I of 3 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503.626.0455 • P 503.526.0775 • wwwwlipacific.com 'Hpa fic- Thence, along said right-of-way line and a 380.23 foot radius curve, concave southeasterly, said curve having a central angle of 2°36'49" (The chord of which bears North 54°49'31" East, a distanco of 17.34 feet) an are distance of 17.34 feet to the point of beginning. The parcels of land to which this description applies contains 123 square feet more or less. PARCEL 2 - TEMPORARY CONSTRUCTION EASEMENT A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the WilIaniette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to McDonaIds Corporation, by Warranty Deed - Statutory form, recorded February 14, 1978 in Document No. 78007239, Washington County Boole of Records, said parcel described specifically as follows: Conunencing at the Northeast comer of Section 2, said Township and Range; Thence, North 88°28' 11" West along the North line of said Section 2, a distance of 598.58 feet to a point on the southeasterly right-of-way line of State Highway 99 West; Thence, along said southeasterly might-of way line, the following three courses: South 64°27'04" West, a distance of 53.25 feet; Thence South 29°28'24" East, a distance of 2.34 feet; Thence, South 57°20'28" West a distance of 49.22 feet to a point on the southeasterly right-of-way line of SW Main Street and the beginning of a 150.00 foot radius curve, concave northwesterly; Thence, along said right-of-way line and said curve through a central angle of 108'47'0' )"(The chord of which bears South 32°32'56" West, a distance of 243.91 feet) an are distance of 284.80 feet to a point of reverse curvature and the beginning of a 380.23 foot radius curve, concave southeasterly; Thence, continuing on said right-of-way line and said curve through a central angle of 8°23'22" (The chord of which bears South 82°44'46" West, a distance of 55.63 feet) an arc distance of 55.67 feet to the northerly corner of that parcel described in said Document No. 78007239 and the point of beginning of this parcel. Thence, from said point of beginning, leaving said southeasterly right-of-way line, South 12°43' 57" East along the northeasterly line of said deed, a distance of 8.15 feet; Thence, South 73°50'28" West, a distance of 114.84 feet to a point on the southeasterly right-of-way line of S.W. Main Street, as point being here and alter referred to as Point "A" Thence, along said right-of-way line and a 380.23 foot radius curve, concave southeasterly, said curve having a central angle of 17°29'24" (The chord of which bears North 69°48'24" East, a distance of 115.61 feet) an arc distance of 116.06 feet to the point of beginning. Page 2 of 3 HMi Together wi€li the following described parcel. Beginning at aforementioned .Point "A"; Thence, South 47°45'29" West, a distance of 23.87 Feet; Thence, South 83°09'24" West, a distance of 10.74 feet to apoint on the soutlieasterly right-of-way line of S.W. Mani Street Thence, along said right-of-way line and a 380.23 foot radius curve, concave southeasterly, said curve haviuig a central angle of 5°00'23" (The chord of which bears North 58°33'32" Bast, a distance of 33.21 feet) an arc distance of 33.22 feet to Point "A.". The parcels of land to whicli this description applies contains 890 square feet more or less. FACity of Tiyartl'[U3d3dG15w,eytDucumculsll.cgal I7escriptio[lsl3=1246-stirv-Ig03.doc REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 13, 2004 SCOTT M. GRUBBS 54728 RENEWAL: 06-30-11 Page 3 of 3 EXHIU I f 11LJ i~ PARCEL 2 yti P. O. B. 512.4357'E a 8.15' ~h R=380.23' L=116.06' :,fl ry 4=17'29'24" CHORD= S64'27'04"W j~ N 69'48'24" E 53.25' 115.61' S29'28'24 "E XISTIN G 2.34 G RIGHT-OF-WAY LINE 557'20'28" 1N rylb 49.2 ! ~o (b EXISTING RfCHT-OF- W Y LINE \\~~~qi G~\p\a POINT „A„ J~ p F 5d EXISTING o ? r PARCEL 2 SQ~~ i~F RIGHT-OF- R=360-23' \q WAY LINE L=33.22' TEMPORARY CONSTRUCTION CASEMENT 4=5'00'23" AREA 690 SQ. FT:L- C\ R=150.00' co CHORD- L=284-80' N 583332 E CO 33.21' d=108'47'03" Z ;'t h CHORD= S 32'32'56 ° W PARCEL i RICH T OF WAY 243.91' r~ 1711 DEDICATION AREA 123 5Q. FT.1 R =55-38067'.23 ' F Q ~5 1 k L=(b R=380.23' A=823'22" Ujh'p~' ,y L=17.3'4' CHORD= PARCEL 2 d 2736'49" S 82'44'46" W P.O.B. CHORD= 55.63' if N 52.49'31 E ti r 17.34' SEE DETAIL 'A'~'4~' EXISTING 24 0 W, RIGHT-OF-WAY TO RIGHT FILE No. 02DETAIL A LINE b1CDONALDS CORPORAI70N , 03610041 C7_ 1 "=30' 1 DOUBLE K VENTURES INC T_ R=380.23' PARCEL 1 2SI02AA 7L00903 L=217.73' 1310.61 ,6=32'48'32" CHORD= S 7032'11" IN 214.77' SW SCOFFINS`ST o~ LEGEND j;y 0 50 100 zoo ® RIGHT OF WAY DEDICATION PARCEL 1 123 SQ.FT.± FEET TEMPORARY CONSTRUCTION CASEMENT PARCEL 2 890 SQ.FT..t SW GREENBURG/MAIN/HWY 99W INTERSECTIO N a~! a CITY OF TIGARD PROJECT NO.: 056 ti 7 c V FILE NO: 002 SUBMITTAL DATE: 07117109 REVD: 07131109 Edda 300 9765 SW Ramos Rd 4n . Po,Oand OR 07225 TAX LOT: 00903 ADDRESS: 12090 SW MAIN ST , 503-02&0455 Fax603Z2Q-0'"5 u TAX MAP: 2SI02AA FILE NAME: 34246-S0RV-EX02.DWG vvw'w~padnccum a lwnpjdw EXIRBI T "A" S.W. Greenburg/Main/ Hwy 99W City of Tigard Project No. 0567 August 27, 2009 Parcel 1 File No. 003 Assessors Map: 2S 1 02-AA Tax Lot No.: 01300 PARCEL 1 (RIGHT-OF-WAY DEDICATION) A parcel of land lying in the Southeast one-quarter of Section 35, Township I South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to Luke-Dorf, lie, by statutory tivarTanty deed recorded March 06, 2006 in Document No. 2006-026126, Washington County Book of Records, said parcel also being all that portion lying northeasterly of the lines delineated by following the below noted stations and offsets southwesterly of the centerline of S.W. Greenburg Road, as said centerline is describe([ below. S.W. GREENBURG ROAD That portion of Greenburg Road located in the Southeast one-quarter and the Southwest one-quarter of Section 3.5, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point that bears North 43°55'00" East 20.00 feet from. a 1/2 rich iron pipe located on the centerline of S. W. Center Street and called for as the beginning of the County Road No. 1365; Thence along the surveyed centerline for the legalization of said S.W. Greenburg Road as follows: North 45°45'52" West 490.21 feet to an angle point near the intersection of S.W. 90t4i Avon-Lie; Thence North 51°22'22" West 607.27 feet to an angle point near the intersection of S.W. 91St Avenue; Thence North. 56°18'34" West 525.30 feet to an angle point near the Westerly line of the recorded Plat of Barbee Court if extended northerly; Thence north 68°4$'45" West 444.90 feet to a point near the intersection of S.W. 95`x' Avenue; Thence North 78°54'04" West 474.36 feet to an angle point near the Easterly line of the Plat of Greenbur Heights; Thence North 71°12'59" West 463.21 feet to an angle point near S.W. 98" Avenue; Thence North 62°52'32" West 198.11 feet to a point of curvature; Thence 172.98 feet along the arc of a 220.00 foot radius curve to the right, through a central angle of 45°03'04-" (tile long chord of which bears North 40°21'00" West 168.56 feet) to a point of tangency; Thence North 17°49'28" West 529.99 feet more or less to a point of curvature of Page 1 of 2 9755 5W Barnes Road, Suite 300 = Portland, OR 97225 • T 503.626.0 455 • P 503.526.0775 • www.whpacific.com Hpac- f c County Road No. 2043 near S.W. Tiedeman Avenue, being the point of termination of this described centerline. Beayings are based upon Washington County Survey No. 24,103 recordecl in the Washington County Survey Records. Station to Station Offset Distances Southivestel'Iy of S.W. Greenburg Road Centerline 102-I-72.00 to 102-I-82.87 6135 feet, along a straight line to 63.04 feet 102+82.87 to 102-4-91.99 63.04 feet, along; the arc of a 9.50 foot radius curve, concave westerly, the central angle of which is 89°23'57", the long chord of tivhich bears North 02°38'50" East, a distance of 13.30 feet an arc distance of 14.82 feet to 53.27 feet 102+91.99 to 103 1 50.00 53.27 feet along a straighL line to 50.96 feet Excepting therefrom, all that portion of said parcel lying within the existing rights-of-way of S.W. Greenburg Road and S.W. Center Street. The parcel of land to which this description applies contains 313 square feet, snore or less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 93, 2GO4 SCOTT M.. GRUBBS 5-728 RENEWAL: 06-30-11 E1:1City uf'E'ig ird4g3424fiLSurrcyl~]ociuuenssll.e~~l Descripliotisl3 1316-sun ]pOJ_dmipp.doc Page 2 of 2 EXHIBIT CURVE DATA OR= 9.50' A = 89` 23' 57" L = 14.82' C = N 02'38'50" E LL 0 11 Cx~ a c.~ Z 9= v~ `x w J +50.00 50.96' - PARCEL 1 ~ - ~-7 -46.17` RIG-IT-OF-WAY DEDICATION PER DEVELOPMENT APPLICATION FILE N0. 03 L UKE- OFZF, INC 2S102A TLO1300 PROPOSED \ RIGHT-OF-WAY DEDICATION LINE PER DEVELOPMENT JLO. APPLICATION L5 +91.99 EXISTING ,f RIGHT- OF-WAY---~ -r--._+82.87 ~ a63.04' fJ +72.00-+-~ 63.35 Ln Uj c N - EXISTING RIGHT-OF-WAY CCNTERLINE SW CENTER ST LEGEND 0 i 0 20 40 ® RIGHT OF WAY DEDICATION FEET SW GREENBURGIMAIN/HWY 99W INTERSECTION CITY OF TIGARD PROJECT NO.: 0567 FILE NO: 00i SUBMITTAL DATE: 08127109 REVD: zm TAX LOT. 01300 ADDRESS: 11935 SW GREENBURG RD cL' ~o TAX MAP: 2S102AA FILE NAME' 34245-SURV-EX03,DWG a a d' 0 .-t Q cc z co W W ca f!] w a U i 0 ti c~ z Izz X Q 0 0 PARCEL 1 343 SQ.FT.-± 0755 SSYarnos Rd. SOEt" 309 .Cl 1c © polfand. OR 07225 693-UM55 FaX403-520-0775 vraw.10npadit0cm J WHPAdfit" EXHIBIT aA" S.W. Greenburg/Main/ Hwy 99W City of Tigard Project No. 0567 August 27, 2009 Parcel 1 File No. 003 Assessors Map: 2S 1 02AA Tax Lot No.: 01300 PARCEL 1 RIGHT-OF-WAY DEDICATION A parcel of land lying in the Southeast one-quarter of Section 35, Township I South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to Luke-Dorf, Inc. by statutory warranty deed recorded March 06, 2006 in Document No. 2006-026.126, Washington County Book of Records, said parcel also being all that portion lying northeasterly of the lines delineated by following the below noted stations and offsets southwesterly of the centerline of S.W. Greenburg Road, as said centcrliiie is described below. S.W. GREENBURG ROAD That portion of Greenberg Road located in.the Southeast onc-quarter and the Southwest one-quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point that bears North 43°55'00" East 20.00 feet from a 1/2 inch iron pipe located on the centerline of S.W. Center Street and called for as the beginning of the County Road No. 1365; Thence along the surveyed centerline for the legalization of said S.W. Greenburg Road as follows: North 45645'52" West 490.21 feet to an angle point near the intersection of S.W. 90`i' Avenue; Thence North 51°22'22" West 60727 feet to an angle point near the intersection of S.W. 91St Avenue; Thence North 56°18'34" West 525.30 feet to an angle point treat the Westerly lime of the recorded Plat of Barbee Court if extended northerly; Thence north 68°48'415" West 444.90 feet to a point near the intersection of S.W. 95tH Avenue; Thence North 78°54'04" West 474.36 feet to an angle point near the Easterly line of the Plat of Greenburu Heights- Thence North 71°12'59" West 463.21 feet to an angle point near S.W. 98` Avenue; Thence North 62°52'32" West 198.11 feet to a point of Curvature; Thence 172.98 feet along the arc of a 220.00 foot radius curve to the right, through a central angle of 45°03'04" (the long chord of which bears North 40°2,1'00" West 168.56 feet) to a point of tangency; Thence North 17°49'28" West 529.99 feet snore or less to a point of curvature of Page 1 of 2 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503.626.0455 • t- 503.526.0775 . viww.whpacific.com HMeffic- County Road No. 2043 near S.W. Tiede3nan Avenue, being the point of termination of this described centerline. Bearings are based upon Washington County Survey No. 24,103 recorded in the Washington County Survey Records, Station to Station Offset Distances Southwesterly of S.W. Greenburg Road Centerline 102-1-72M to 102+7933 63.35 feet, along a straight line to 63.13 feet 102+79.33 to 102-1-93.25 63.13 feet, along the arc of a 14.50 foot radius curve, concave westerly, the central angle of which is 89°23'57", the long cliord of which bears North 02°38'50" East, a distance of 20.40 feet an arc distance of 22.62 feet to 48.22 feet 102+93,25 to 103+44.58 48.22 feet along a straight line to 46.17 feet 103+44.58 to 103+87.00 46.17 feet, along a straight line to 27.75 feet Excepting therefrom, all that portion of said parcel lying within the existing rights-of-way of S.W. Greenburg Road and S.W. Center Street. The parcel of land to which this description applies contains 1,171 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 13, 2004 SCOTT M. GRUBBS 54728 RENEWAL: 06--30-11 P: Cily oFTigard10342d6LSurvcyllJocmesli[slLCPI Dcscrip[ionsti34246-,arv-1603,dac Page 2 of 2 r CURVE DATA R 14.50' A = 89' 23' 57" L = 22.62' C = N 02'38'50" E 20.40' PARCEL 1 RIGHT-OF-WAY DEDICATION AREA 1,171 SO. FT.~L- FILE NO. 03 LUKE-DORF, INC 2S102AA TL01300 EXISTING RIGHT OF-WAY LINE 19.13 EXHIBIT 0 a 0 27 78' +87.00 . ~ z w z U • 1 _ +44.58 o 46.17` - {n ~ I w a E - Lo Q - Ir C7 co W 30. oo' ~j -93.25 - , 13' +72.00 63.35 y' ~0 C14 N EXISTING RIGHT-OF-WAY CENTERLINE SW CENTER ST f LEGEND 0 f 0 20 40 ® RIGHT OF WAY DEDICATION FEET >Tc 30* SW GREENBURG/MAIN/HWY 99W INTERSECT/ON ~a CITY OF TIGARD PROJECT NO.: 0567 a FILE NO: 003 SUBMITTAL DATE: 08127109 REVD: Q~ TAX LOT: 01300 ADDRESS. 11935 SW GREENBURG RO r TAX MAP: 2S102AA FILE NAME: 34246-SURD-EX03.DWG all PARCEL 1 1,171 SO.FT.f cl lc 0755549 Rumor Rd, Sa.0.a 300 Portland, OR 07235 :OM2G47455 Fac503-52G-0775 mw mflpocli om J 'WHpac-Iff El 3=1T "A" SW Gree>nburg/Mainfflwy 99W City of Tigard Project No. 0567 July 17, 2009 Revised: July 31, 2009 Revised: October 27, 2009 Parcel 1 File No. 004 Assessors Mal): 2S 1 02AA Tax Lot No.: 00906 PARCEL 1 - TEMPORARY CONSTRUCTION EASEMENT A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of laird conveyed to BSM Realty LLC, by Statutory Bargain and Sale Deed, recorded November 13, 2006 in Document No. 2006-122181; Washington County Boole of Records, said parcel described specifically as follows: Commencing at the Northeast corner of Section 2, said Township and Range; Thence, North 88°28'11" West along the North line of said Section 2, a distance of 598.58 feet to a point on the southeasterly right-of-way line of State Highway 99 West; Thence, along said southeasterly right-of-way Line, the following three courses: South 64°27'04" West, a distance of 53.25 feet; Thence South 29°28'24" East, a distance of 2.34 feet; Thence, South 57°20'28" West a. distance of 49.22 feet to a point on the southeasterly right-of-way line of SW Main Street and the beginning of a 150.00 foot radius crave, concave northwesterly; Thence, along said right-of-way line and said curve through a central angle of 100°39'21"(The chord of which bears South 28°29'05" West, a distance of 230.91 feet) an are, distance of 263.52 feet to the northeast corner of that parcel described in said Deed Document No, 2006-122181 and being the point ofbeghming of this description. Thence, from said point of begin i_ng, .leaving said southeasterly right-of-way lure, South 43°17'42" East, along the northeasterly line of said parcel, a distance of 10.31 feet; Thence, South 81°07'21" West, a distance of 81.95 feet to a point on the southwesterly line of said parcel; Page 1 of 2 9755 5W Barnes Road, Suite 300 • Portland, OR 97225 - T 503.626,0455 - F 503.526.0775 • wwKwhpacific.com MCf c Thence, North 12°43'57" West, along said southwesterly line a distance of 10.76 feet to the southeasterly right-of-way line of SW Maui Street and the beginning of a 380.23 foot radius curve, concave southeasterly. Thence, along said curve through a central angle of 8°23'22" (The chord of which bears North 82°44'46" East, a distance of 55.63 feet) an arc distance of 55.67 feet to a point of reverse curvature and the beginning of a 150.00 foot radius curve concave northwesterly. Thence, along said curve through a central angle of 8°07'42" (The chord of which bears North 82°52'36" East, a distance of 21.26 feet) an are distance of 21.28 feet to the point of beginning. The parcel of land to which this description applies contains 794 square feet more or less. REGISTERED . PROFESSIONAL LAND SURVEYOR OREGON JULY 15, 2004 SCOTT M. GRUBBS , 54728 J RENEWAL: 06-30--11 PACity of Tigir 31034246LSurVCYUOauulenis1L ahal PescriLxiansL3d? FG-surv-Ig04_Revised.doc Page 2 of 2 EXHIBIT "B'x PIN v a w -5bq-56 . POINT OF Z COMMENCEMENT S29'28'24 "E 2.34' EXISTING RIGHT-OF-WAY LINE Say l0 5 1P 1SC0 X00 2 Ory ' 3 I-IVA a C)RI 2 500 10 ` !0 41 EXISTING RIGHT-`x OF-WAY LINE R=150.00' o L=263,52' a ,6=100'39'21" CHORD= 5 28 29'05" W 11 8=150.00' 230.91' L=21.28' ' " A=8'07 42 RD CHO = ti N 82'52J6' E 21.26' v R=380.23' P.0.8. L=55.67' " S~ ' A=8 23 22 CHORD= Q~l~ S43'17'420E ~y O 10.31' N 82'4446" E 5 Z~~a ~ p 55.63' 1 1yp~ i~S PARCEL 1 TEMPORARY CONSTRUCTION EASEMENT N12743'57"W AREA= 794 SO. FT.f 0 10.76' ` 30 60 120 FEET FILE Na. 04 8SM REALTY LLC 2S102AA TL00906 ` LEGEND F ] TEMPORARY CONSTRUCTION EASEMENT PARCEL 1 794 SQ.FT± SW GREENBURG/MAIN/NWY 99W INTERSECTION ~ CITY OF TIGARD PROJECT NO.: 0567lwlip .110 FILE NO: 004 SUBMITTAL DATE: 07117109 REVD: 07131109 4765 SW 13m03 Rd, SUR9 300 TAX LOT: 00906 ADDRESS: 12080 SW AMAIN ST REV'0: 10127109 Parv-0. OR 97225 503-075-0455 FAX 503-528-0775 TAX MAP: 2SI02AA F1LE NAME., 34246--SURV-EX04-REV.DWG wrnvwhpncillcmm J I W H Pacific EXI-MIT "A" S. W. Grecnbur-/Main/ I lsvy 99W City of Tigard Project No. 0567 August 27, 2009 Parcel I File No. 005 Assessors Map: 2S 102AA Tax LotNo.: 01200 PARCEL 1 (RIGHT-OF-WAY DEDICATION A parcel of land lying in the Southeast one-quarter of Section 35, Township I South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to Luke-Dorf, Inc. by statutory warranty deed recorded January 03, 1997 in Document No. 97000651, Washington County Book of Records, said parcel also berg all that portion lying Southeasterly of the lines delineated by following the below noted stations and offsets Norththwesterly of the centerline of S.W. Greenbu g Road, as said centerline is described below. S. W. GREENBURG ROAD That portion of Greenburg Road located in the Southeast one-quarter and the Southwest onc-quarter of Section 35, Township I South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being more parlicularly described as follows: Beginning at a point that beans North 43°55'00" East 20.00 feet from a 1/2 inch iron pipe located on the centerline of S.W. Center Street and called for as the beginning of the County Road No. 1365; Thence along the surveyed centerline for the legalization of said S.W. Greenburg Road as follows: North 45°45'52" West 490.21 feet to an angle point near the intersection of S.W. 90"' Avenue; Thence North 51°22'.22" West 607.27 feet to an angle point hear the intersection of S.W. 91" Avenue; Thence North 56°18'34" West 525.30 feet to an migle point near the Westerly line oC the recorded Plat of Barbee Court if extended northerly; Thence north 68°48'45" West 444.90 feet to a point near the intersection of S.W. 95`x' Avenue; Thence North 78°54-'04" West 474.36 feet to an angle point near the Easterly lime of the Plat of Grccnbur Heights; Thence North 71 °12'59" West 46.3.21 feet to an angle point near S.W. 98" Avenue; Thence North 62°52'32" West 198.11 feet to a point of curvature; Thence 172.98 feet along the are of a 220.00 foot radius chive to the right, through a central angle of 45°03'04" (the long chord of which bears North 40°21'00" West 168.56 feet) to a point of tangency; Thence North 17°49'28" West 529.99 feet more or less to a point of curvature of Page I of 2 9755 SW Barnes Road, Suite 300 a Purtland, OR 97225 • T 503.626.0955 • r 503.526.0775 ■ www.whpacific.com MEVE County Road No. 2043 Hear S.W. Tiedeman Avemie, being the point of termination of this described centerline. Bearings are based upon Vashington County Survey No. 24,103 recorded in the Washington County Survey Records. Station to Station Offset Distances Southwesterly of S.W. Greenberg Road Centerline 103+x}4.58 to 103+87.00 46.17 feet, along a. straight lime to 27.78 fcct Excepting therefrom, all that portion of said parcel lying within the e.6sting fight-of-way of S.W. Greenburg Road The parcel of land to which this description applies contains 235 5Cluare feet, more of less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 13, 2004 SCOTT M. GRUBBS 54728 RENEWAL: 06-30-11 P dly ul'"figerd4{134? G~SusvcylDucuisFCalsS~-CSF1I DCScl'1[1IIOIIs\34246-siirv-2g,0].doc Page 2 of 2 r r %.00 1f f"7f'7" 1) r-) 17 u d N 4 it LEGEND 0, 00' Ld Fw- w.l U I Llo 00 xo c~ c~ z k w Q m W C7 cn 30.00' l O O 'I- C'l O ® RIGHT OF WAY DEDICATION 0 0 20 40 1 FEET SW GREENBURG/MAIN/HWY 99W 1NTERSECTiON CITY OF TIGARD PROJECT NO.: 0567 FILE NO: 005 SUBMITTAL DATE: 08127109 REVD: qW TAX LOT: 01200 ADDRESS: 11895 SW GREENBURG RD TAX MAP' 2SI02AA I FILE NAME: 34246-5URV-EX05.DWG PARCEL 1 285 SOST.1 1~ ~ CY c 0755 SW Samar Rd, Sulla NO Poi". OR 87225 50.9-628-0455 Fax=-52"775 w,vw.whp3zft -m Pa.if~c EYI-1TBIT "A" SW Greenburg/Main/Hwy 99W City of Tigard Project No. 0567 July 17, 2009 Revised: July 31, 2009 Revised: October 27, 2009 Parcels 1 and 2 PARCEL, I - PERMANENT SLOPE EASEMENT File No. 006 Assessors Map: 2S 1 02AA Tax Lot No.: 00904 A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to Jasue LLC, by Special Warranty Deed, recorded August 14, 2007 in Document No. 2007-089194; Washington County Book of Records, said parcel described specifically as follows: Corarnencing at the Northeast corner of Section 2, said Township and Range; Thence, North 88"-)8'11" West along the North line of said Section 2, a distance of 593.58 feet to a point on the southeasterly right-of-way line of State Highway 99 West; Thence, along said southeasterly right-of-way Iirle, the following three courses: South 64°27'04" West, a distance of 53.25 feet; Thence South 29°28'24" East, a distance of 2.34 feet; Thence, South 57°20'28" West a distance of 49.22 feet to a point on the southeasterly right-of-way line of SW Main Street and the beginning of a 150.00 foot radius curve, concave northwesterly; Thence, along said right-of-way line and said curve through a central angle of 36°10'06"(The chord of which bears South 3°45'33" East, a distance of 93.12 feet) an are distance of 94.69 feet to a point on a 150.00 foot radius curve, concave northwesterly, said point also being the northeast corner of that parcel described in said Deed Document No. 2007-089194 and being the point of beginning of this description. Thence, from said point of beginning, leaving said southeasterly right-of-way line, South 43°17'42" East, a distance of 5.31 feet. Thence, South 20°37'06" West, a distance of 51.19 feet. Thence, South 46°2'1'55" West, a distance, of 54.50 feet. Page 1 of 3 9755 SW Barnes Road, Suite 300 a Portland, OR 97225 • T 503.626.0455 • F 503.526.0775 • wwwAlpaci€ic.com HR-i f Thence, South 61°23'40" West, a distance of 28.36 feet. Thence, South 76°13'12" West, a distance of 36.95 feet. Thence, North 43° 17'42" West, a distance of 2.27 feet to a point on a 150.00 foot radius curve, concave northwesterly and being a point on the southeasterly right-of-way lisle of SW Main Street. Thence, along said right-of-way and curve through a central angle of 64°29' 15" (The chord of which bears North 46°34'08" East, a distance of 106.06 feet) an arc distance of 168.83 feet to the point of beginning. The parcel of land to which this description applies contains 792 square feet more or less. PARCEL 2 - TEMPORARY CONSTRUCTION EASEMENT A Marcel of land lying ill the Northeast one-quarter of Section 2, Townsi ip 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of laud conveyed to Jasue LLC, by Special Warranty Deed, recorded August 14, 2007 in Document No. 2007-089194, Washington County Boole of Records, said parcel described specifically as follows: Commencing at the Northeast corner of Section 2, said Township and Range; Thence, North 88°28' 11" West along the North line of said Section 2, a distance of 598.58 feet to a point on the southeasterly right-of-way line of State highway 99 West; Thence, along said southeasterly right-of-way lisle, the following three courses; South 64°27'04" West, a distance of 533.25 feet; Thence South 29°228'24" East, a distance of 2.34 feet; Thence, South 57°20'28" West a distance of 49.22 feet to a point oil the southeasterly right-of-way line of SW Main Street and the beginning of a 150.00 foot radius curve, concave northwesterly; Thence, along said right-of-way line and said curve through a central angle of 36°10'06"(Tllc chord of which bears South 3°45'33" East, a distance of 93.1.2 feet) an arc distance of 94.69 feet to a point oil a 150.00 foot radius curve, concave northwesterly; said point also being the northeast corner of that parcel described in said Deed Document No. 2007-089194; Thence, leaving said right-of-way and curve, South 43°17'42" East, a distance of 5.31 feet to the point of beginning of this description. Thence, South t 1°26'34" West, a distance of 44.01 feet. Thence, South 46°30'06" West, a distance of 87.01 feet. Page 2 of 3 H P&-,f c Thence; South 75°2527" West; a distance of 42.31 feet to a point on the southwesterly line of said parcel. Thence along said southwesterly line, North 43°17'42" West, a distance of 8.04 feet. Thence, leaving said southwesterly line, North 76°13' 12" East, a distance of 36.95 feet. Thence, North 61°23'40" East, a distance of 28.36 feet. Th(mce, North 46°27'55" East, a distance of 54.50 feet. Thence, North 20°)7'06" East, a distance of 51.19 feet to the point of begilming. The parcel of land to which this description applies contains 775 square feet More or less. REGISTERED PROFESSIONAL AND SURVEYOR OREGON JULY 13, 2004 SCOTT M. GRUBBS 54728 RENEWAL: 06-30-11 PACily of Tignrd1Q3d3d41Suncyll7ucismenls%Legol Qescrihtiansl312dG=s~irv-IgOG_reviscd.doe Page 3 of 3 f EXHIBI T "B" co Ott OF SEC SOUTH LINE 1 5= H'~ ~ c~6 35 TOWNSHIP f SECTION 2 N R 2 SOUTH TOWNSHIP 529 2824 "E N88'2g'l 10W 36 598.58 r J 2 I POINT OF COMMENCEMENT EXISTING RIGHT-OF-WAY LINE C \ zi \ . -70 t 0 .a R=150.00' EXIS77NC RIGHT- ,,4L=94.69' WOF-WAY LINE \ ,6=367 0'06" S3 RD= E; P.O.B. PARCEL 1 93.12' m S43'17'42' E / 5.31' \ l R=150.00' L=168.83' 1 P. 0. B. PARCEL 2 \ 4=64'29'15" U) CHORD= r F N46;34'08"E, 160.06' S20'3 7'06 "W 51.19' 571'2634"W PARCEL 1 44.01' PERMANENT SLOPE EASEMENT AREA 792 S0. FT# S462755"W 54.50' 4 a 'b army S61723'40"W 00• a ~y 28.36' `!r~ `b~'34 FILE NO. 06 S76'13'12"W SANFORD SANDELMAN, TRUSTEE 36.95' JASUE LLC 25102AA TLOO904 PARCEL 2 TEMPORARY ` ' :y k2~ ~'V1 CONSTRUCTION EASEMENT AREA 775 SO. FT.= N431 / 42 LEGEND 8.04' N43'f 7'42"W PERMANENT SLOPE EASEMENT 2.27' TEMPORARY CONSTRUCTION EASEMENT SW GREENBURGIMAIN/HWY 99W INTERSECTION CITY OF TIGARD PROJECT NO.: 0567 a FILE NO: 006 SUBMITTAL DATE: 07117109 REVD: 10127109 TAX LOT.- 00904 ADDRESS- 12060 SW MAIN ST REVD: 07137109 u TAX MAP: 2S102AA FILE NAME: 34245-SURV-•EX06-REVOWO PARCEL 1 792 SQ.FT.f PARCEL 2 775 SO.F7± Cl C 975+BWB3 sRd.Supu3W PwtUnd, 4R 67225 503-820-0A69 Fm G503-529-M5 WxwwfipnrJpr.~m mmilm !!n 0 20 40 80 FEET z W11padirc E I MIT "A" S.W. Greenbu€g/Main/ Ilwy 99W City of Tigard Project No. 0567 August 27, 2009 Parcel I File No. 005 Assessors Map: 2S 1 02AA Tax Lot No.: 01200 PARCEL 1 (RIGHT-OF-WAY DEDICATION) A parcel of land lying in the Southeast onc-quarter of Section 35, Township 1 South, Range I West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to Luke-Dorf, Inc. by statutory warranty deed recorded January 03, 1997 in Document No. 97000651, Washington County Book of Records, said parcel also being all that portion lying Southeasterly of the lilies delineated by Following the below noted stations and offsets Norththwesterly of the centerline of S.W. Greenburg Road, as said centerline is described below. S. W. GREENBURG ROAD That portion of Greenburg Road located in the Southeast one-quarter and the Southwest one-quarter of Section 35, Township I South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point that bears North 43°55'00" East 20.00 feet from a 112 inch iron pipe located on the centerline of S.W, Center Street and called for as the beginning of the County Road No. 1365; Thence along the surveyed centerline for the legalization of said S.W. Greenburg Road as follows: North 45°45'52" West 490.21 feet to an angle point near the intersection of S.W. M" Avenue; Thence North 51°22'22" West 607.27 Feet to an angle point near the intersection of S.W. 915` Avenue; Thence North 56°18'34" West 525.30 feet to an angle point near the Westerly line of the recorded Plat of Barbee Court if extended northerly; Thence north 68°48'45" West 444.90 feet to a point near the intersection of S. W. 95`t' Avenue; Thence North 78°54'04" West 47436 feet to an angle point near the Easterly line of the Plat of Greenbur Heights; Thence North 71°12'59" West 463.21 feet to an angle point near S.W. 98" Avenue; Thence North 62052'32" West 198.11 feet to a point of curvature; Thence 172.98 feet along the are of a 220.00-foot radius curve to the right, through a central angle of 45°03'041" (t-le long. chord of which bears North 40°21'00" West 16856 feet) to a point of tangency; 't'hence North 17°49'28" West 529.99 feet more or less to a point of curvature of Page 1 of 2 9755 SW Barnes Road, Suite 300 • Forttand, OR 97225 = T 503,626.0455 . F 503.526.0775 • wwmwilpacific.com MPTuff County Road No. 2043 near S.W. Tiedeman Avenue, being the point of termination of this described centerline. Bearings are based Llpon Washington County Survey No. 24,103 recorded in the Washington County Survey Records. Station to Station Offset Distances Southwesterly of SM. Greenburg Road Centerline 103+39.00 to 104+20.00 51.40 feet, along a straight line to 48.18 feet Excepting therefrom, al l that portion of said parcel lying within the existing right-of-way of S.W. GreenburgRoad. The-parcel of land to which this description applies contains 1,069 square feet, more or less. REGISTERED PROFESSIONAL AND SURVEYOR OREGON JULY 13, 2004 SCOTT M. GRUBBS 54728 RENEWAL: 06-30-11 P;tCily oi'Tignrdi 03-[? IGLServeylDaclumviiin%,egai Descriplions%3d246-srrr%,-Igt15_devaph.dnc Page 2 of 2 +20.00 PARCEL I RIGHT-OF-WAY DEDICATION PER DEVELOPMENT APPLICA TlON i FILE NO. 05 LUKE-DORF, INC 2S102AA TLO1200 PROPOSED RIGHT-OF-WAY DEDICATION LINE PER DEVELOPMENT APPLIQATION y +44.58 +39.00 w U-- 0 10 20 40 FEET EXHI B! T "B" 1 L, 48.1s' z w - k I o ° I d H Or V z 87, 00 27.78' w s ti 0 x C5 c' ~ L w w w ca 4s.1 51.40 - - - 30.00' a° CQ 0 LEGEND A RIGHT OF WAY DEDICA 71ON SW GREENBURG/MAIN/HWY 99W INTERSECTION so CITY OF TIGARD PROJECT NO.: 0567 FILE N0: 005 SUBMITTAL DATE. 08127109 REVD: TAX LOT., 01200 ADDRESS, 11895 SW GREENBURG RD ya TAX MAP: 2SI02AA FILL' NAME, 34246--5URV--EX05.DWG PARCEL 1 1,069 SQ.FT.-h wHpi,tclti,c 0755 SW Oumm Rd , Sedan 500 POJand, OR 07225 507026-0455 Fax 503-525-0775 www.w"p mmm 7 J WHPdc--%'c- EXHOIT "A" SW Greenburg/Main/I-Iwy 99W City of Tigard Project No. 0567 .Tuly 17, 2009 - Parcel 1, 2 and 3 File No. 008 Assessors Map: 2S 1 02AA Tax Lot No.: 00905 PARCEL 1-FEE SIMPLE A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to Gary L. Haagen and Candace C. f-Taagen, Trustees of the Gary L. Haagen Revocable Trust U/A Dtd. March 29, 1990, and Candace C. IIaagen and Gary L. Haagen, Trustees, by Statutory Warranty Deed, recorded May 3, 1990, in Document No. 90-22010, Washington County Boole of Records, said parcel described specifically as follows: Conuniencing at the Northeast coiner of Section 2, said Township and Range; Thence, North 88'28'11 " West along the North line of said Section 2, a distance of 598.58 feet to a point on the southeasterly right-of-way line of State Highway 99 West; Thence, along said southeasterly right-of-wdy line, the following two courses: South 64°27'04" West, a distance of 53.25 feet; Thence South 29°28'24" East, a distance of 2.34 feet said point also being the northeast corner of that parcel described in said Deed Document No. 90-22010 and being the point of beginning of this description. Thence, fronn said point of beginning, leaving said southeasterly right-of-way line, South 29°28'24" East, along northeasterly line of said parcel a distance of 13.65 feet; Thence, South 55°08'30" West, a distance of 16.98 feet; Thence, South 33°00'24" `Jest, a distance of46.08 feet to a 150.00 foot radius curve, concave westerly, said point also being on the southeasterly right-of-way line of SW Mail Street; Thence, along said curve fl-iough a central angle of 13121'l V (The chord of which bears. North 15°10'00" West, a distance of 34.88 feet) an are distance of 34.96 feet to the southeasterly right-of---way line of State highway 99 West; Page 1 of 4 9755 SW Barnes Road, Sisite 300 a Portland, OR 97225 • 3 503.626.0455 + F503.526.0775 • www.whpacific.cnm HNC-i e Thence, North 57°20'28" East, along said right-of-way line a distance of 49.22 feet to the point of beginning; The parcel of land to which this description applies contains 1,042 square feet more or less. PARCEL 2 - PERMANENT SLOPE EASEMENT A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to Gary L. Haagen and Candace C. Haagen, Trustees of the Gary L. Haagen Revocable Trust UTA Dtd. March 29, 1990, and Candace . ' C. Haagen and Gary L. Haagen, Trustees, by Statutory Warranty Deed, recorded May 3, 1990, in Document No. 90-22010, Washington County Boole of Records, said parcel described specifically as follows; Commencing at the Northeast corner of Section 2, said Township and Range; Thence, North 88°28' 11" West: along the North line of said Section 2, a distance of 598.58 feet to a point on the southeasterly right-of-way line of State Highway 99 West; Thence, along said southeasterly right-of-way line, the following three courses: South 64°27'04" West, a distance of 53.25 feet; Thence South 29°28'24" East, a distance of 2.34 feet said point also being the northeast corner of that parcel described in said Deed Document No. 90-22010; Thence, South 57°20'28" East, a distance of 49.22 feet to a 150.00 radius curve concave westerly, said point also being the northwesterly most corner of that parcel described in said Deed Document No. 90-22010 and also being the easterly right-of-way line of SW Main Street; Thence, along said curve tiuuugh a central angle of 13°2I' 11" (The chord of which bears South 15°10'00" East, a distance of 34.88 feet) an are distance of 34.96 feet, and also being the point of beginning of this description. Thence, from said point of beginning, leaving the easterly right-of-way line of SW Main Street, North 33°00'24" East, a distance of 7.40 feet to the beginning of a 155.00 foot radius curve, concave westerly; Thence, along said curve through a central angle of 26°01'42" (The chord of which bears South 02°28'32" West, a distance, of 69.81 feet) an are distance of 70.41 feet to a point on the southwesterly line of said parcel; Thence, North 43°17'42" West, along the southwesterly line of said parcel, a distance of 5.88 feet to the beginning of a 150.00 foot radius curve, concave westerly, and also being a point on the easterly right-of-way line of SW Main Street; Page 2 of 4 HPd fi7c Thence, along said curve through a central angle of 22°48'55" (The chord of which bears North 02°55'03" East, a distance of 59.34 feet) an arc distance of 59.73 feet to the point of beginning; The parcel of land to which this description applies contains 325 square feet more or less. PARCEL 3 TEMPORARY CONSTRUCTION EASEMENT A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land conveyed to Gary L. Haagen and Candace C, Haagen, Trustees of the Gary L. Haagen Revocable Trust U/A Dtd. March 29, 1990, and Candace C. Haagen and Gary L. Haagen, Trustees, by Statutory Warranty Deed, recorded May 3, 1990, in Document No. 90-22010, Washington County Book of Records, said parcel described specifically as follows: Commencing at the Northeast corner of Section 2, said Township and Range; Thence, North 88°28'11" West along the North line of said Section 2, a distance of 598.58 feet to a point on the southeasterly right-of-way line of State Highway 99 West; Thence, along said southeasterly right-of-way line, the following three courses: South 64°27'04" West, a distance of 53.25 feet; Thence South 29°28'24" East, a distance of 234 feet said point also being the northeast corner of that parcel described in said Deed Document No. 90-22010; Thence, leaving said southeasterly right-of-way line, South 29°28'24" East, along the northeasterly line of said parcel, a distance of 13.65 feet to the point of beginning of this description. Thence, front said point of beginning , South 29°28'24" East, along the northeasterly line of said parcel a distance of 1.89 feet; Thence, leaving northeasterly line of said parcel, South 52°58 57" West, a distance of 16.32 feet; Thence, South 33°00'24" West, a distance of 40.88 feet to the beginning of a 155.00 foot radius curve, concave westerly; Thence, along said curve through a central angle of 1°21'30" (The chord of which bears North 09°51'34" West, a distance of 3.68 feet) an are distance of 3.68 feet; Thence. North 33°00'24" East, a distance of 38.68 feet; Thence, North 55°08'30" East, a distance of 16.98 feet to the point of beginning. Page 3 of 4 wHP~E fi The parcel of land to which this description applies contains 136 square feet more or less. P:lciiy afTigzrd1034?46LSurvay\DoeumenlslLegnl DcscriplimisU,, 246-surv-Igoil.doc REG)STERED PROFESSIONAL AND SURVEYOR, OREGON JULY 13, 2004 SCOTT M. GRUBBS 54728 RENEWAL: 06-30-11 Page 4 of 4 EXHIBIT "B " N88'28'1 1 "W ' 35 36 SOUTH LINE OF SECTION 35 TOWNSHIP 7 SOUTH 598.58 NORTH LINE OF-SEC-7-ION 2 TOWNSHIP 2 SOUTH E 21 \A SG POINT OF ¢IG\A COMMENCEMENT P, 0.6. 2.34' PARCEL I P.O. 3 14 ~ to fig. ~ 9~ ~ ' 1 ' . y AR EL ` w R=150:00 ' P C i q? Q O FEE SIMPLE O L=34.96 A=1321'11° AREA 1,042 SQ. F7 4\ CHORD= N15'10'00"#W, l4 C° 0 0 PARCEL 3 JJJ ° f TEMPORARY CONSTRUCTION P.O.B. EA SEMEN T PARCEL 2 R=155 00' AREA 136 SQ. FT,1 ' L=3.68' R=150.00 A=12130 FILE NO 08 L=94.69' . CHORD= 11AAGEN " C A=36'10'06„ , W, I 4 N095134 I a GARY L CANDACE, ' 3 68' CHORD= 933'45'33"E . , TRUSTEES , 93 12' 2S102AA TL00905 o p . 1. :7 cy? I R=155.00' N LL j ! ~ L=70.41' ' ' " W ~ p- 00' R=150 8=26 01 42 - . L=59.73 CHORD= = rr \ II : 902'28'32"W d=22'48'55° [ [n 69.81' CHORD= ' " ::f o N0255 03 E, ' o a a.:::• ~n 59,34 1 PARCEL 2 a z PERMANENT SLOPE EASEMENT AREA 325 SO. FT.± { l ' 1 1 . ' t V RIGHT- OF-VIAL LINE OF- f 7 ' - - 5.88' N43'17'42"W ti # LEGEND ' ° SIMPLE PARCEL 1 1,042 SO.FT.± 0 10 ZO 40 ® FEE FEET PERMANENT SLOPE EASEMENT PARCEL 2 325 SQ.FT.:k TEMPORARY CONSTRUCTION EASEMENT PARCEL 3 136 SO.FT.t SW GREENBURG/MAIN/H WY 99W INTERSECTION CITY OP TIGARD PROJECT NO.: 0567 WHPW fr C c FILE NO: 008 SUBMITTAL DATE: 07117109 REVD: 0755 5 5 B G W 000 Rd TAX LOT. 00905 ADDRESS: 12000 SW MAIN ST 1 amns u 7 . Fodhnd, OR a= 505-825-0455 Fsx 500-525;-0775 TAX MAP: 2S702AA FILE NAME: 34246--SURV-EX08,0WG wcw.vfipoJBGmm wHpadiwt EXHIBIT "A" SW Greenburg/Main/Ilwy 99W City of Tigard Project No. 0567 August 14, 2009 Parcels 1 and 2 File No. 007 Assessors Map: IS 1 35DD Tax Lot No.: 05106 PARCEL I (FEE SIMPLE) A parcel of land lying in the Southeast one-quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to CCC Property Management LLC by statutory warranty deed recorded May 13, 2003 in Document No. 2003-075407, Washington County Boole of Records, said parcel also being all that portion lying southerly of the lines delineated by following the below noted stations and offsets northerly of the centerline of State Highway 99 West, as said centerline is described below. State Highway 99 West Centerline A road. centerline situated in the southeast one-quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian and the southwest one-quarter of Section 36 of said township and range, in the City of Tigard, Washington County, Oregon, being more particularly described as follows: Begiuuui-ig at Station 50-00.00 on the south line of said Section 35, whhch bears North 88 ° 28'11 " West, a distance of 708.42 feet from the section corner common to Sections 35 and 36, said township and range and Sections 1 and 2, Township 2 South, Range I West of the Willamette Meridian; thence, from said point of beginning, North 64027'04" East, a distance of 1600.00 feet to Station 66+00.00 at the point of termination, said point bearing North 461,02'52" East, a distance of 1021.48 feet from the section corner common t0 said Sections 35, 36, 1, and 2. Bearings are based upon the 1983/98 Oregon Coordinate System, North. Zone. Stationing is on an assumed basis. Page I of 3 9755 5W Barnes Road, Suite 300 • Portland, OR 97225 • T 503.626.0455 e 1 503,526,0775 - www.whpacific.com UNIC c Station to Station Offset Distances Northerly of State Highway 99 West Centerline 49+60.00 to 49+70.00 68.70 feet, along a straight line to 58.00 feet 49-1-70.00 to 50+10.00 58.00 feet, along a straight line to 47.79 feet Excepting therefrom, all that portion of said parcel lying within the existing rights-of-way of State Highway 99 West and S.W. Greenburg Road. The parcel of land to which this description applies contains 165 square feet, more or less. PARCEL 2 (TEMPORARY CONSTRUCTION EASEMENT) A parcel of land lying in the Southeast one-quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to CCC Property Management LLC by statutory warranty deed recorded May 13, 2003 in Document No. 2003-075407, Washington County Book of Records, said parcel also being all that portion lying southerly of the lines delineated by following the below noted stations and offsets northerly of the centerline of State Highway 99 West, as said centerline is described above under Parcel 1. Station to Station Offset Distances Northerly of State Highway 99 West Centerline 49+60.00 to 49-1-65.88 68.70 feet, along a straight line to 70.70 feet 49+65.88 to 49-1-69.81 70.70 feet, along a straight line to 59.02 feet 49+69.81 to 49+92.00 59.02 feet parallel with the centerline Excepting therefrom, all that portion of said parcel lying within the existing rights-of-way of State Highway 99 West and S.W. Greenburg Road and all that portion of said parcel lying within the above described Parcel 1. Page 2 of 3 MpTurl The parcel of land to which this description applies contains 122 square feet, more or less. REGISTERED PROFESSIONAL ,AND SURVEYOR OREGON JULY 13, 2004 SCOTT M. GRUBBS ,,54728 J RENEWAL: 06-30--11 P_ICily uf'1'i y;trdU13,12.10%Sttm5,\Doctnrrctrisl3.cgirl Dcscripl icira13,i2d C-sunv-1 U07.doc Page 3 of 3 F _ EXHIBI T "B" 1 FILE NO. 07 v CCC PROPERTY MANAGEMENT LLC I 1S1350D TL05106 / v 1 PARCEL 2 TEMPORARY CONSTRUCTION ~1 EASEMENT AREA 122 SO. FT-± O 00 1 f PARCEL 1 ~O FEE SIMPLE 1 AREA 165 SQ. FT± 7`9 00 EXISTING RIGHT-OF- AY LINE m m ~z X69 $r~ 30 SW GREENBURG RD s2 ~ x ~s 800, 90 788, 7p, l C C 21, v v Qe n 1 x ~ o~ LEGEND 15 30 80 ® FEE SIMPLE PARCEL 1 165 S4.FT.f 0 FEET TEMPORARY CONSTRUCTION EASEMENT PARCEL 2 122 SO.FT.f SW GREENBURG/MAIN/NWY 99W INTERSECTION CITY OF TIGARD PROJECT NO.: 0567 'WHPdClilc FILE NO: 007 SUBMITTAL DATE: 08114109 REVD: 9755 SW ©pmors Rd. Su1lo 300 TAX LOT: 05106 ADDRESS: 11995 SW PACIFIC NWY PadJand, OR 97225 5UM20-0455 Fox 509-520-0775 TAX MAP: 15135D0 FILE' NAME: 34246-SURV-EX07.DWG waw.whp~dAcmm ~o -I i W,H?Aak EXHMIT FAA„ S. W. Greenburg/Main/Hwy 99W City of Tigard Project No. 0567 October 13, 2009 Parcels 1,2 and 3 File No.: 001 Assessors Map: 2S 1 02AA Tax Lot No.: 01100 PARCEL I (FEE SIMPLE) A Marcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West and the Southeast one-quarter of section 35, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to Tigard Auto Stop Partners by warranty deed recorded December 22, 1986 in Docmuent No. 86059827, Washington. County Book of Records, said parcel also being all that portion lying southerly of the lines delineated by following the below noted stations and offsets northerly of the centerline of State Highway 99 West, as said centerline is described below. State Highway 99 West Centerline A road centerline situated in the-Northeast one-quarter of Section 2, Township 2 South, Range 1 West and the Southeast one-quarter of section 35, Township I South, Range 1 West of the Willamette Meridian and the Southwest one-quarter of Section 36 of said towDsNp and range, in the City of Tigard, Washington Coimty, Oregon, being more particularly described as follows: Beginning at Station 44-1-02.24 being the beghming of a spiral curve concave southerly, said point bears South 78°57'24" West, 1268.92 feet from the section corner common to Sections 35 and 36, said township and range and Sections 1 and 2, Township 2 South, Range 1 West of the Willamette Meridian; thence, from said point of beginning, on said spiral curve through a 2° degree of curve (the chord of which bears North 63°47'04" East, 399.98 feet) a distance of 400.00 feet to Station 48+02.24; Thence North 64027'04" East, a distance of 1600.00 feet to Station 66-1-00.00 at the point of termination, said point bearing North 46°02'52" East, a distance of 1021.48 feet from the section corner common to said Sections 35, 36, 1, and 2. Bearings are based upon the 1983198 Oregon Coordinate System, North Zone. Stationing is on an assumed basis. Page 1 of 5 9755 5W Barnes Road, Suite 300 - Portland, OR 97775 • T 503,626.0455 • F 503.526.0775 • www.whpacific.c6m flea fic' S.W. Greenburg Road That portion of Greenburg Road located in the Southeast one-quarter and the Southwest orte-quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being more particularly described as follows; Beginning at a point that bears North 43°55'.00" East 20.00 feet fiom a 112 inch iron pipe located on the centerline of S.W. Center Street and called for as the beginning of the County Road No. 1365; Thence along fife surveyed centerline for the legalization of said S.W. Greenburg Road as follows: North 45°45'52" West 490.21 feet to an angle point near the intersection of S.W. 90`x' Avenue; Thence North 51°22'22" West 607.27 feet to an angle point near the intersection of S.W. 915E Avenue; Thence North 56°18'34" West 525.30 feet to an angle point near the Westerly line of the recorded Plat of Barbee Court if extended northerly; Thence north 68°48'45" West 444.90 feet to a point near the intersection of S.W. 95`x' Avenue; Thence North 78°54'04" West 474.36 feet to an angle point near the Easterly line of the Plat of Greenbur heights; Thence North 71°12'59" West 463.21 feet to an angle point near S.W. 99" Avenue; Thence North 62°52'32" West 198.11 feet to a pohit of curvature; Thence 172.98 feet along the arc of a 220.00 foot radius curve to the right, through a central angle of 45°03'04" (the long chard of which bears North 40°21'00" West 168.56 feet) to a point of tangency; Thence North 17°49'28" West 529.99 feet more or less to a point of curvature of County Road No. 2043 near S.W. Tiedeman Avenue, being the port of termination of this described centerline. Bearings are based upon Washington County Survey No. 24,103 recorded in the Washington County Survey Records. Station to Station Offset Distances Northerly of State Highway 99 West Centerline and Westerly of S.W. Greenburg Road Centerline 47+37.02, State Highway 99 West to 48+28.85, State Highway 99 West 48.1-28.85, State Highway 99 West to 40-1-40.02, State Highway 99 West 48-1-40.82, State Highway 99 West to 49+16.00, State Highway 99 West 60.44 feet, along a straight line to 58.91 feet 5891 feet from State Highway 99 West centerline, along the are of a 23.50 foot radius curve, concave Northwesterly, the central angle of which is 30°27'34", the long chord of which is North 50° 16'04" East, a distance of 12.35 feet, an are distance of 12.49 feet to 61.93 feet from State Highway 99 West centerline 61.93 feet parallel with the centerline Page 2 of 5 NNE& Excepting therefrom, all that portion of said parcel Lying within the existing rights-of-way of State Highway 99 West and SW Greenburg Road. The parcel of land to which this description applies contains 1,703 square feet, more or less. PARCEL 2 (RIGHT-OF-WAY DEDICATIQN~ A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West and the Southeast one-quarter of section 35, Township I South, Range I West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to Tigard Auto Stop Partners by warranty deed recorded December 22, 1986 in Doctunent No. 86059827, Washington County Boob of Records, said parcel also being all that portion lying southerly of the lines delineated by following the below noted stations and offsets northerly of the centerline of State Highway 99 West, as said centerline is described above and all that portion lying easterly of the lines delineated by following the below noted stations and offsets westerly of the centerline of SW Greenburg Rd., as said centerline is described above. Station to Station Offset Distances Northerly of State Highway 99 West Centerline and Westerly of S.W. Greenburg Road Centerline 48-1-40.82 State highway 99 West to 61.93 feet from State Highway 99 West centerline, 11+31.89, S. W. Greenburg Rd. along the are of a 38.00 foot radius curve, concave Westerly, the central angle of which is 78°42'20", the long chord of which is North 04°18'53" West, a distance of 48.19 feet, an are distance of 52.20 feet to 55.94 feet from S.W. Greenburg Road centerline 11+31.89, S. W. Greenburg Rd. to 55.94 feet, along a straight line to 54.92 feet I2+20.38, S.W. Greenburg Rd. 12+2038, S.W. Greenburg Rd. to 54.92 feet, along a straight line to 82.63 feet 121-44.00, S.W. Greenburg Rd. Excepting therefrom, all that portion of said parcel lying within the existing rights-of-way of State Highway 99 West and SW Greenburg Road and all that portion lying within the above described Parcel 1. The parcel of land to which this description applies contains 4,616 square feet, more or less. Page 3 of 5 Hpadff PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) A parcel of land lying in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West and the Southeast one-quarter of section 35, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, and being a portion of that tract of land conveyed to Tigard Auto Stop Partners by warranty deed recorded December 22, 1986 in Document No. 86059827, Washington County Book of Records, said parcel also being all that portion lying southerly of the lines delineated by following the below noted stations and offsets northerly of the centerline of State Highway 99 West, as said centerline is described above and all that portion lying easterly of the lines delineated by following the below noted stations and offsets westerly of the centerline of SW Greenburg Rd., as said centerline is also described above. Station to Station Offset Distances Northerly of State Highway 99 West Centerline and Westerly of S.W. Greenburg Road Centerline 46+88.08, State Highway 99 West to 77.16 feet, along a straight line to 75.85 feet 47+59.99, State Highway 99 West 47+59.99 State Highway 99 West to 65.05 feet parallel with the centerline 48+25.22, State highway 99 West 48+25.22 State Highway 99 West to 65.05 feet fiorn State highway 99 West centerline, 11.1-31.24, S.W. Greenburg Rd. along the arc ofa 30.00 foot radius curve, concave westerly, the central angle of which is 108°07'071', the long chord of which is North 10°23'30" East, a distance of 48.58 feet, an arc distance of 56.61 feet to 60.95 feet from S.W. Greenburg Road centerline 11+31.24, S.W. Greenburg Rd, to 60.95 feet, along a straight line to 60.70 feet 11-1-53.00, S.W. Greenburg Rd. 11-1-53.00, S. W. Greenburg Rd. to 76.46 feet, along a straight line to 74.26 feet 12-1-30.00, S.W. Greenburg Rd. 12+3 0. 00, S. W. Greenburg Rd. to 111, 11,00 feet, parallel with the centerline 12-1-44.00, S.W. Greenburg Rd. Page 4 of 5 Hpic firc Excepting therefrom, all that portion of said parcel lying within the existing rights-of-way of State Highway 99 West and SW Greenburg Road and all that portion lying within the above described Parcels l and 2. The parcel of land to which this description applies contains 4,252 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 13, 2004 SCOTT M. GRUBBS 54725 RENEWAL: 06-30-11 i%\ci ty o r Tigardl03=€?,16VSoraeyl0ncomcnts\Legal Descriptioiisl3,1146-snn,-Ig0 Ldoc Page 5 of 5 CURVE DATA R = 38.00' L = 78. 42' 20" L = 52.20' CH = N 04'18'53" 41 48.19' O R = 30.00 6 = 108' 07' 07° L = 56.61' CH = N 1023'.s0" F, 48,58' O R = 23.50' A = 3O' 27' 34" L = 12.44' CH = N 50'16'04" E, 12.35' SPIRAL OA TA ® R = 5729.58' L - 400.00' S = 2' 0 = 1' a = 0.25 A U N z h .y y to to CV °o 6 B b O b- I P e` W W U f --EXHIBI T " " -XISTING RIGIT-OF-WAY CCN TERLINE N'W19'55 "K' 1~ 00 0 Q0 10-00 SW GRffNl~URG RD . - - I L20, ZL1 PARCEL 2-1 I RICH T-OF-WAY ]EDICAT AREA 4,516 SO.jFT± PARCEL 1 FEE SIMPLE AREA 1,703 SQ. FT.± - li X59, 99 0 Q 0 t~ -I- PARCEL 3 TEMPORARY CONSTRUCTION EASEMENT AREA 4,252 SO. FT s' x$8 FILE NO. 001 i 1 / TIGARD j AUTO STOP r V 1 1~r PARTNERS W 25102AA TLO11.0 0 v f 'J ti fL _ )S~ 6,9I,i fi LEGEND 0 25 50 100 ® FEE SIMPLE FEET RIGHT-OF-WAY DEDICATION TEMPORARY CONSTRUCTION EASEMENT PARCEL 1 1,703 SQ.FT PARCEL 2 4,616 S4.FT.j PARCEL 2 4,252 SO.FT:± SW GREENBURG/MAIN/HWY 99W INTERSECTION CITY OF TIGARD PROJECT NO.: 056 IwHpdcltlc FILE NO: 001 SUBMITTAL DATE: 10/13109 REVD: 9755SW ©ximo Rd, svllo auu TAX LOT: 01100 ADDRESS- 11965 SW GREENI30RG RD Pordmd, OR 07225 503-82P-N55 FCX59 ZG-O 75 TAX MAP: 2S102AA FILE NAME* 34246-SURV-EXOI,DVVG w&w.%tipmd%r-qo 0.0.4 l -C" y c/ Agenda Item # 1-/' 1/ Meeting Date December 8 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Appointments to the City Center Advisoq Commission _ Prepared By: Sean Farrelly Dept Head Approval: City Mgr Approval: - CY ISSUE BEFORE THE COUNCIL Should the Council reappoint Alexander Craghead, Ralph Hughes, Peter Louw, and alternate Linh Pao to the City Center Advisory Cotrunission (CCAC)? Should the Council appouit Philip Thornburg as an alternate to the CCAC? STAFF RECOMMENDATION Adopt the attached Resolution reappointing Alexander Craghead, Ralph Hughes, Peter Louw, and alternate Linh Pao to the CCAC, and appointing Philip Thornburg as an alternate. KEY FACTS AND INFORMATION SUMMARY Alexander Craghead, Ralph Hughes, and Peter Louw are currently tilling terms as voting members on the CCAC. Their terms expire December 31, 2009. Linli Pao is currently filling a term as an alternate Cormrussioner; her term also expires December 31, 2009. There is one vacancy on the Commission for an alternate. The Mayor's Appoiu-ittnent Advisory Committee interviewed candidates and recommend reappointing Alexander Craghead, Ralph Hughes, and Peter Louw as voting members to the CCAC. They also recommend reappointing Linh Pao and appointing Philip Thornburg as alternate Coirunissioners. The new terms for Alexander Craghead, Ralph Hughes, and Peter Louw will expire December 31, 2012; the terms for alternates T.inli Pao and Philip Thornburg will expire December 31, 2010. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Council Goal #2 - Implement Downtown Urban Renewal. ATTACHMENT LIST Attachment 1: Resolution reappointing Alexander Craghead, Ralph Hughes., and Peter Louw as voting members to the CCAC: reappointing Linli Pao as an alternate, and appointing Philip Thornburg as an alternate. Attachunent 2: Biographical Information FfsC,LLNOTES N/A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION REAPPOINTING ALELANDER CRAGHEAD, RALPH HUGHES, AND PETER LOUW AS VOTING MEMBERS TO THE CITY CENTER ADVISORY COMMISSION, REAPPOINTING LINLI PAO AS AN ALTERNATE, AND APPOINTING PHILIP THORNBURG AS AN ALTERNATE WHEREAS, in 2006, Tigard voters approved Urban Renewal and Tax Increment Financing for use in the Downtown; and WHEREAS, the City Center Advisory Commission consists of 9 voting members and 2 alternate members appointed by City Council to act as an advisory body to the City Center Development Agency, the Urban Renewal Agency for the City of Tigard; and ' WHEREAS, there are currently 3 voting member vacancies and 2 alternate member vacancies on the City Center Advisory Commission; and WHERE-AS, the Mayor's Appointment Advisory Committee interviewed candidates and recommends reappointing Alexander Craghead, Ralph Hughes, and Peter Loutiv as voting members to the City Center Advisory Commission, reappointing Linh Pao as an alternate, and appointing Philip Thornburg as an alternate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Alexander Craghead, Ralph Hughes, and Peter Louw shall be reappointed to the City Center Advisory Commmission as voting members to terms which will expire on December 31, 2012. SECTION 2: Linli Pao shall be reappointed to the City Center Advisory Coinrnission as an alternate to a tern which will expire on December 31, 2010. SECTION 3: Philip Thornburg shall be appointed to the City Center Advisory Commission as an alternate to a term which will expire on December 31, 2010. SECTION 4: This resolution is effective inrnediately upon passage. PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09 - Page 1 Attachment 2 CITY CENTER ADVISORY COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December StIl, Alexander Craghead, Ralph Hughes, and Peter Louw will be recommended for reappointment as voting members to the City Center Advisory Commission. Linli Pao will be recommended for reappointment and Philip Thornburg will be recommended for appointment as alternates. Alexander Craghead has lived in Tigard for 30+ years. He is currently a full time student at Marylhurst University and expects to receive his Bachelor of Arts in Communication in 2010. He is a current member of the City Center Advisory Commission and has served on the Tigard Downtown Task Force. He is also a member of the International Association for Public Participation. Peter Louw has lived in Tigard for 2 years and is the owner of the Tigardville Station in Downtown Tigard. Previously, he was a manufacturing engineer for 20 years. He currently serves on the City Center Advisory Commission. Ralph Hughes has lived in Tigard for 8 years. He is an independent financial advisor and is the owner of Financial WealthCare. He is the past Vice-Chair of the Transportation Financing Strategies Task Force and has served as the President of the Tigard Chamber of Commerce. He is a member of the Hispanic Chamber of Commerce and served as a City Council member in Oak Point Texas. Linli Pao has been a Tigard resident for almost 19 years, having grown up in Tigard. She has a BA in Molecular Cell Biology and is currently employed by OHSU in an orthopedic research lab. She also works for AFLAC insurance. Linli is a current alternate on the City Center Advisory Commission and has also volunteered for the Washington County Youth Advisory Council, the Friends of Trees, the Tualatin Wildlife Refuge, and the Tigard Public Library. Philip Thornburg has been a Tigard resident for 18 years. He has a Bachelor of Science from Oregon State University in Horticulture and Agriculture and is the owner of Winterbloom Inc., a landscape design and installation company. He was named as a Tigard Tree Steward for 2008 and is a member of the Association of NW Landscape Designers and the Tigard Community Friends Church. Agenda Item Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Apinointments to the Planning Commission, CQ:: N /A Prepared Bye: Dick Bewersdorff Dept Head Approval d Cits Mgr Approval: C ISSUE BEFORE THE COUNCIL Should Council appoint former alternate Commissioner Timothy L. Gaschke, and reappoint Cominissioners Tom Anderson and David Walsh as voting members to the Planning Commission? Should Council appoint Richard Shavey and Donald Sclunidt as alternate commissioners to the Planning Conunission? STAFF RECOMMENDATION Staff recommends appointing former alternate Tivmodiy L. Gaschke, and reappointing Tom Anderson and David Walsh as voting members to the Planning Commission. In addition, staff recormmends appointing Richard Shavey and Donald Scli nidt as alternate coininissioncrs. KEY FACTS AND INFORMATION SUMMARY Tliere are currently three vacancies on dne Planning Commission as well as two vacant alternate positions. Incumbent Tom Anderson was appointed to the Planning Conuinission in January, 2007 to fill an unexpired tern. Incumbent David Walsh was appointed to a fiill terin in December, 2005. Incumbent alternate Timothy L. Gaschke was appointed in January, 2009. Tom Anderson, David Walsh, and Timothy L. Gasclnke applied for Planning Commission seats. Tile Mayor's Appointment Advisory Committee inter iewed applicants and die three incumbents were recommended to fill the current voting member vacancies on die Planning Commission, Richard Shavey and Donald Schtnidt were recotmnended to fill the alternate positions. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS N/A ATTACHMENT LIST Attaclmnent 1: Proposed resolution reappointing Tom Anderson, David Walsh, and Timothy L. Gasclnke as voting members to the Planning Commission and appointing Richard Shavey and Donald Schmidt as alternates to the Planning Commission. Attaclunent 2: Biographical Information FISCAL NOTES N/A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION APPOINTING TIMOTHY L. GASCHI-E, AND REAPPOINTING TOM ANDERSON AND DAVID WALSH AS VOTING MEMBERS TO THE PLANNING COMMISSION, AND APPOINTING RICHARD ShL1VEY AND DONALD SCF IMIDT AS ALTERNATES TO THE PLANNING COMMISSION WHEREAS, there currently exist three vacancies for voting members on the Planning Commission; and WHEREAS, Timothy L. Gaschke was appointed as an alternate Planning Commissioner in January, 2009; and WHEREAS, Tom Anderson was appointed to the Planning Commission in January, 2007 to Ell an unexpired tern of a former Cominissioner; and WHEREAS, David Walsh was appointed to the Planning Commission in December, 2005; and Wi IEREAS, dzeit terns will expire December 31, 2009; and WHEREAS, both Tom Anderson and David Walsh are eligible for reappointment to the Planning Commission; and WHEREAS, there currently exists two vacant alternate positions on the Planning Coirunission; and WHEREAS, Tom Anderson, David Walsh, Timothy L. Gasclike, Richard Shavey, and Donald Schmidt applied for appointments to the Planning Comiynission; and WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council appoint Timothy L. Gaschke, and reappoint Tom Anderson and David Walsh as voting members of the Planning Commission, and appoint Richard Shavey and Donald Schmidt as alternates to the Planning Con117llsslon. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council drat: SECTION 1: Tom Anderson is reappointed to the Planning Commission to fill a tern which expires December 31, 2013. SECTION 2: David Walsh is reappointed to the Planning Commission to fill a term which expires December 31, 2013. RESOLUTION NO. 09 - Page 1 SECTION 3: Timothy L. Gaschke is appointed to the Planning Cotninission to fill a term which expires December 31, 2013. SECTION 4: Richard Shavey and Donald SCluiiidt are appointed as alternates to the Planning Commission to fill terms which expire December 31, 2011. SECTION 5: This resolution is effcctive immediately upon passage. PASSED: This' day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09 - Page 2 Attachment 2 PLANNING COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 9, 2009, Tom Anderson, David Walsh, and Timothy L, Gaschke will be recormnended for reappointment as voting members of the Tigard Planning Commission. Also, on December 8, 2009, Richard Shavey and Donald Schmidt will be recommended For appointment as non-voting alternates to the Tigard Planning Comn-dssion. Torn Anderson is employed as a Real Estate Principal Broker as well as the Manager/Vice President of the Excell Group. Anderson earned a Bachelor of Arts degree from Washington State University. He has served on the Planning Commission for 3 years and has lived in Tigard for 5 years. David Walsh has lived in Tigard for 6 years. Previously, he lived un Maine. He has a MBA from the University of Tennessee and a Bachelor of Science in Forestry from the University of Maine. David is a Technical Manager for SP Newsprint in Newberg. He has served as Vice President to the Planning Commission and also serves on the Tree Board. Timothy L. Gasehke has been a professional civil engineer since 1991. Since June, 2008 he has been employed as the Principal Civil Engineer at Lewis & Van Vleet, Inc. In 1989, Gaschkc earned a Bachelor of Science (Civil Engineering) from Arizona State University. He lived in Canberra, Australia from 1989 -1997, and has now lived in Tigard for over twelve years. Richard J. Shavey worked from 1998 - 2008 as a Sr. Project Manager for MulvannyG2 Architecture of Bellevue, Washington. He has a Bachelor of Architecture from Oklahoma State University. He has served on various coriiuzittees including the Low Income Ilousuig Task Force, Adopt-A-Teacher program, Tigard Rotary and he served as both Vice-Chair and Chair of the Seattle Planning Commission from 1973 -1979. He has lived in Tigard for one year. Donald Schmidt is a licensed architect employed at Soderstrom Architects. He has a Bachelor of Architecture from the University of Arkansas. He is the former president (2 years) for the U of A chapter of die American Institute of Architecture Students. He was a volunteer at Durham Elementary and Rebtulding Together Portland and has lived in Tigard for three years. ] ANUILhIWouncil MatrrinIA2009\12-OH-09 I'C appointments Attachment 2- Nographical Info.docx Agenda Item # 1/I1~ Meeting Date December 8, 2009 Issue/Agenda COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Prepared By: Toby LaFrance Dept H mid Approval: [ 1 f City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council appoint Dena Struck and Dan Goodrich to the City's Budget Committee, and Mona Moghiniian as an alternate member, as recommended by the Appointments Advisory Committee? STAFF RECOMMENDATION Approve the recommended appointments to die Budget Committee. KEY FACTS AND INFORMATION SUMMARY Jason Snider and Dena Struck's Budget Committee term expires on December 31, 2009. Asa result, the Appointments Advisory Commmittee recently conducted interviews wide several citizens who applied to become members of the Budget Commmittee. The Appointments Advisory Coinrnittee is recommending that the City Council appoint Dena Struck and Dan Goodrich to a three-year term beginning January 1, 2010. The Committee also recornrnends City Council appoint Mona Moghirnian as an alternate for a one-year terra beginning]anuary 1, 2010. Please see attached bio on each recommended committee member. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS City will maximize the effectiveness of die volunteer spirit to accomplish the greatest good for out community. ATTACHMENT LIST Resolution appointing Dena Struck and Dan Goodrich to the Budget Conurnittee and appointing Mona Mogliiniian as an alternate member. FISCAL NOTES N/A Attachment to the Council Agenda Item Summary to Appoint Budget Committee Members Dena Struck has been a Tigard resident for five years. She has been a member of the Tigard Budget Committee since January 1, 2007. Dena has worked for Xerox Corporation for eight years and is currently one of their Senior Financial Analysts. Dan Goodrich has lived in Tigard for thirty-two years. He works part-tithe as a consultant in the banking industry. He served as an alternate on the Tigard Budget Comn-dttee for fiscal year 2009- 2010 as well as served on Tigard/Tualatin School District Budget Committee. Mona Moghimian is a Tigard High School senior. She also takes classes at Portland Community College. Upon graduation, she plans to continue her studies at Portland Community College in Pre- Law. Mona has been very active in civic clubs and sports. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION APPOINTING DENA STRUCK AND DAN GOODRICH TO THE BUDGET COMMITTEE AND APPOINTING MONA MOGHIMIAN AS AN ALTERNATE MEMBER WHEREAS, two positions are open on the City's Budget Committee due to Jason Snider and Dena Struck completing their established terms; and WHEREAS, the Mayor's Appointments Advisory Committee conducted interviews of several individuals on November 23,2009,; and WHEREAS, the Appointments Advisory Committee has recommended that Dena Struck and Dan Goodrich be appointed the City's Budget Committee. In addition, the Committee has recommended that Mona Moghimian be appointed as an alternate member. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Dena Struck and Dan Goodrich are appointed to three-year terms on the City of Tigard's Budget Committee beginning January 1, 2010. SECTION 2: Mona Moghirnian is appointed to a one-year term as an alternate member on the City of Tigard's Budget Committee beginning January 1, 2010. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09 - Page 1 Agenda Item # Meeting Date COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon L/, 9 December 8, 2009 Issue/Agenda Title Support the Submission of a Letter of Intent to Subnhit a Metro Excise Tax Grant Application to Preserve and Enhance "Affordable Housing at Tigard's Hawthorne Villa, CG#1 Prepared By: Duane Roberts Dept Head Approval: Y City >Igr Approval: ISSUE BEFORE THE COUNCIL Authorize die submittal of a Letter of Intent (LOI) to apply for a Metro Construction Excise Tax Planning Grant to preserve and enhance affordable housing in Tigard. STAFF RECOMMENDATION By motion, approve the submittal of the LOI by December 9, 2009. KEY FACTS AND INFORMATION SUMMARY In October, Metro Council approved guidelines and procedures for the operation of the first cycle of a Construction Excise Tax Planning (CE l) Grants Program. The purpose of this new program is to fiend planning necessary to make land ready for development. The grant application ill-tape process includes a pre-application Letter of Interest (LOI), due December 9"'. Among other requirements, the LOI must include a brief statement that the applicant has discussed the project widh its governing body and that this body has given its approval to submit a LOL Staff have investigated a number of possible project ideas that could meet program objectives and criteria. The one idea that appears to fit these criteria, and is timely, is the preservation of the Hawthorne Villa as affordable housing. The 118-unit project recently lost its non-profit sponsor-operator, Tualatin Valley Housing Partners (:FVHP). Tile non-profit went into dissolution in June. No new non-profit sponsor for the Hawdhorne Villa property has been identified as yet. The principal equity owner is the private Pittsburg National Corporation (PNC). PNC receives a state tax-credit to maintain the property as affordable housing. It also receives a property tax exemption from the City. The corporate owner has been difficult to contact and its intentions regarding the property are unknown. Developing a program to preserve the units as affordable housing is a possible City-sponsored Excise Tat planning opportunity. At this tirne, this project idea is in the process of being defined and partners identified. A partner is someone who is actively engaged in the project. Potential partners are Washington County Housing Trust Fund and the County Office of Community Development, both of whom have expressed interest in participating in a Hawthorne Villa planning project. Luke-Dorf, whose clients occupy many of the Hawthorne Villa units, is another possible partner. The Tigard-based Community Partners for Affordable Housing has been contacted and has indicated no interest at this tune in replacing TVHP as the non-profit sponsor. Nevertheless, staff will continue to engage them izl the CET planning grant application process. 1A1.R11LNICouneil Materiah,\2009\12-S-09 \lctro 1Sscisc Wax Grant 11rogram.A1S.docx Any giant dollars awarded would be used to hire a consultant to conduct a feasibility study. A work scope has not been fleshed out as yet. However, based on conversations with state and county housing officials, the outlines of a possible planning project proposal include: • A detailed assessment of the buildings' condition; • Zone change to R-25 from R-12; • Coordination with the owner of an adjacent 4-acre vacant property, also zoned R-12, about up-zoning and affordable housing development; and • Structuring a deal that can work financially. Full grant applications are due January 29, 2010. Authorization of the 1,01 would allow the City to maintain eligibility and stay in the iu nning while the feasibility of a Hawthorne Villa project proposal is further explored. If determined to be feasible and realistic, on January 261' staff will return to Council with a resolution authorizing the submittal of a full grant application. OTHER ALTERNATIVEs CONSIDERED N/A CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan. ATTACHMENT LIST N/A FISCAL NOTES If a Hawthorne Villa project proposal is determined to meet the grant intent, and to be achievable, staff will prepare a full application. The grant amount requested would be more than $25,000, but the actual amount is yet to be deterrnmi ed. Any local match would be in the form of in-hind project management services. No City hard dollars would be involved. City administrative costs or management sei--ices potentially are recoverable, or could be charged to the grant, if a project sponsor chooses to do so. However, the amount of local match is part of the grant selection evaluation process. In order to ensure competitiveness, the Hawdiorne Villa project administrative costs are proposed to be identified as in-kind match. This is a first year grant. The grant program has no track record regarding how competitive it may be. A zero match would lessen the chances of this project being picked for funding. 1:\LRPLN\Council Nlateria15\2009\I2-8-09 Metro Flxcise Tax Grant Program.A1S.docx 2 Agenda Item # Meeting Date Issue/Agenda COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon December 8, 2009 Prepared By: Kim McMillan Dept Head Approval: 061-1 City Mgr Approval: ISSUE BEFORE THE COUNCIL No action is required; the Council is being asked to receive an update on the Burnham Street Improvement Project. STAFF RECOMMENDATION There is no staff recommendation. KEY FACTS AND INFORMATION SUMMARY Construction began on October 26, 2009. This update will cover: - Coffee Meetings - An overview ofwhat has been happening so far. - A preview of upcoming construction activities, including holiday restrictions. OTHER ALTERNATIVES CONSIDERED Not applicable. CITY COUNCIL GOALS 2009 Council Goal #2: Implement Downtown Urban Renewal a. Move forward with Burnham Street Project ATTACHMENT LIST None FISCAL NOTES There is no fiscal impact associated with this item. We received a bid for Burnham Street and Ash Avenue for $4.1 Million. We also received a proposal for Construction Management and Construction Survey services which is for approximately $0.5 Million. The projected cost for these two items was $8.5 Million. Agenda Item # Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Legislative Public Dearing - Revised Street Mauitenance llee Prepared By: Carissa Collins Dept Head Approval: r City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City of Tigard increase the Street Maintenance Fee (SMF) for the Pavement Management Program? STAFF RECOMMENDATION Adopt the revised Street Maintenance Fee in accordance with Council direction provided at the September 15, 2009 Public Workshop. KEY FACTS AND INFORMATION SUMMARY The Pavement Management Program (PMP) is an arunual program that provides for the preventative and /or corrective maintenance of Tigard city streets. This program is funded by the Street Maintenance Fee. The current fee was adopted by in 2003 by Ordinance 03-10. The ordinance requires a periodic review of the PMP and the fee required to fund the program. Staff started the review with Council during a Workshop on October 21, 2008 and has met with Council on the project on January 20, 2009, February 17, 2009, May 12, 2009, May 26, 2009, July 21, 2009, and September 15, 2009 for a total of seven prior meetings over a fourteen month period. In addition, the Transportation Financing Strategies Task Force (TFSTF) held eight monthly meetinngs that included discussion of the PMP and SMF resulting in their recommendation that was brought to Council during the September 15"' Workshop. The last PMP and SMF Workshop on September 15, 2009, ended with Council providing direction to staff to bring the SMF to Council for a I Tearhng. Per the minutes from the Workshop, the direction from Council includes: • We will establish a goal of a Pavement Condition Index (PCI) between 70 and 75. • The street maintenance fee is the preferred means for funding the PMP. • We will spend the modeled amounts on asphalt and right of way; the amount between residential and non- residential is unchanged. • The way we will split the fees for residential and non-residential users is unchanged with the exception of a higher cap in trading a reduction for smaller businesses. • We will not directly fiuad a rainy day fund; however, we will look at ways chat we can take some cost savings to create a reserve. • We will retain the reduction for religious institutions. • Other non-profit institutions will not be allowed a reduction. • The cost will be indexed similar to Washington County's transportation development tax. • We will have a pleasing in over a three-year period. Tlne last mo of those years will include tine right-of-way maintenance. • We will have an evaluation of the program after one full year of implementation. Council direction is included in Attachment #5, which provides a crossxvall: from the direction to where that direction can be found in the Resolutions and Ordinances. The result will be an improved PMP funded by a fee that will be approximately triple the current fee. The compromise of the phasing will allow area businesses three years to worn: the fee increases into their business plans and will ease the impact of the fee increase during difficult economic times. However, the phasing will also compromise the ability of the PMP to fulfill the stated goal of a PCI between 70 and 75. By phasing, the PMP loses one year of revenue increase. The combination of the lost revenue and the continued decline in the PCI during the year this program has been reviewed results in the time horizon to reach a PCI of 70 moving from 5 years to 9 years. OTHER ALTERNATIVES CONSIDERED 1. Adopt a lower goal for Tigard's average Pavement Condition Index (PCI) and fund more expensive maintenance at a later date. " 2. Do not pursue an increase in the Street Maintenance Fee and fund the PCI goal by cutting other Tigard services or diverting revenue away from projects that reduce congestion. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment #1: A Resolution establising a long-term average Pavement Condition Index (PCI) goal for City streets. Attachment #2: The Ordinance amending the Chapter 15.20 of the Tigard Municipal Code establishing the Street Maintenance Fee. Attaclunent #3: A Resolution amending the portion of the Master Fees & Charges Schedule pertaining to the Street Maintenance Fee including Exhibit A. Attachment #4: Graph of Tigard Citywide Pavement Condition Index by Funding Scenario from 2006 to 2015. Attachment #5: Crosswalk of Council direction on the Street Maintenance Fee and where to find the direction in the attached materials. FISCAL NOTES When fully implemented, the fees will fund a $2.5 million program with $2.2 million going to maintain street surfaces and $0.3 million going to right of way maintenance. The amount of the program will be adjusted by a combined construction cost index and a labor cost index. The fee increase will be implemented over three years with the street surface portion evenly increased over all three years and the right of way maintenance evenly implemented during the last two years. The result of the phased implementation is below. Year 1: The first year phasing of the Street Maintenance Fee will yield a total of $3.22 per unit for residential properties, and $1.23 per parking space for non-residential properties. Year 2: The second year will yield $4.62 per unit for residential and $1.82 per parking space for non-residential. Year 3: The third year is estimated to generate $6.01 per unit for residential and $2.42 per pai:king space for non-residential. The second and third year of phasing includes the cost for right-of-way maintenance in addition to costs for road surface. Also, the second and third year of phasing reflect costs before any indices are applied. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A LONG-TERM AVERAGE PAVEMENT CONDITION INDEX (PCI) GOAL FOR CITY STREETS WHEREAS, a preventative maintenance strategy for streets is an organized, systematic process for applying a series of preventative maintenance treatments to extend the serviceable life of the pavement and avoid more costly corrective maintenance measures such as rehabilitation and reconstruction; and WHEREAS, a preventative maintenance approach strives for establishment of a perpetual pavement maintenance cycle that allows the use of relatively low-cost treatments as part of a full range of treatments to protect the investment in the street infrastructure at relatively low costs; and WHEREAS, the City of Tigard's preventative maintenance strategy is to focus on optional use of limited dollars by keeping good streets in good to excellent condition while maintaining a manageable backlog of streets requiring corrective maintenance; and WHERE AS, the PCI (Pavement Condition Index) factors in pavement condition, pavement distress, structural strength, rideability and others and provides a way to measure the overall condition of the City streets with 0 being the worst and 100 being the best; and WHEREAS, the target zone for preventative maintenance is 70 and above; and WHERE AS, the City's current average PCI is 68.1 and a decline in overall condition to 65 and lower would eventually lead to much more costly overlay and reconstruction costs; and WHEREAS, an average PCI between 70 and 75 would allow the City to implement the most cost effective range of treatments for street maintenance; and NOW, THEREFORE-, BE IT RESOLVED by the Tigard City Council that: SECTION l: An average PCI of 70 to 75 is hereby established as the City goal for street maintenance. SECTION 2: The objective of the City of Tigard's Pavement Management Program within the Public Works Department is to achieve the City's PCI goal. SECTION 3: This PCI goal shall be strongly considered in the administration and funding of the Pavement Management Program. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of , 2009. RESOLUTION NO. 09- Page 1 Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.09_ AN ORDINANCE AMENDING CHAPTER 15.20 OF THE TIGARD MUNICIPAL CODE, WHICH ESTABLISHED A STREET MAINTENANCE FEE TO PROVIDE A FUNDING SOURCE FOR IviAINTENANCE OF CITY STREETS. WI-IEM, AS, Ordinance No. 03-10 established a Street Maintenance Fee structure and added Chapter 15.20 to the Tigard Municipal Code; and WHERE- AS, the Street Maintenance Fee structure was developed to fund the Pavement Management Program; and WHEREAS, the Pavement Management Program has been updated based on the overall condition of the street infrastructure and the costs needed to implement that plan have been determined; and WHEREAS, maintenance of the street tight-of-way including medians on City streets is an important part of mall ng Tigard an attractive place to conduct business, live, and be "A Place to Call Home"; and WHEREAS, there is a need to add right-of-way maintenance of collector and arterial streets as part of the scope of the Pavement Management Program as defined in Chapter 15.20; and WI IERE AS, the cost of implementing the revised Pavement Management Program has increased significantly since originally implemented; and WI IERE AS, the cost and scope of the Pavement Management Program has significantly increased; and WHEREAS, City Council has defined an annual inflation factor is needed to ensure that the Pavement Management Program fiurding keeps pace with construction and labor costs and should be incorporated in Chapter 15.20; and WIIEREAS, revisions to Chapter 15.20 are needed to reflect the desired changes and to provide a basis for systematic review of the program and fees annually, and reflects changes in designated administrative officers. NOW, TI IEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Sections 15.20.020 and 15.20.050 of dne Tigard Municipal Code are hereby repealed. SECTION 2: The following provisions are hereby adopted in substitution for the code sections repealed by Section 1 of this Ordinance. Section 15.20.020 Definitions. As used in this ordinance, the following shall mean: (1) Public Works Director. The Public Works Director or the Public Works Director's designee. (2) Developed property or developed use. A parcel or legal portion of real property, on which an improvement exists or has been constructed. Improvement on developed ORDINANCE No. 09- Page I property includes, but is not limited to buildings, parking lots, landscaping and outside storage. (3) Finance Director. The Finance & lnforrnation Sen-ices Director or the Finanee lei's designee. (4) Residential Property. Property that is used primarily for personal, domestic accommodation, including single family, multi-family residential property and group homes, but not including hotels and motels. (5) Non-residential Property. Property that is not primarily used for personal, domestic accommodation. Non-residential property includes industrial, comrner6al, institutional, hotel and motel, and other non-residential uses. (6) Street Functional Classification. Street classifications as described in the Tigard Transportation System Plan. a. Arterials are defined as streets having regional level connectivity. These streets link major commercial, residential, industrial and institutional areas. b. Collectors are defined by citywide or district wide connectivity. These streets provide both access and circulation within and between residential and commercial/industrial areas. c. Neighborhood routes are defused as streets that provide connections within the neighborhood and between neighborhoods. These streets provide connectivity to collectors or arterials. d. Local Commercial/Industrial Streets are those streets within the City that are not designated as arterials, collectors, or neighborhood routes and whose primary function is serxing traffic to and from commercial and/or industrial (i.e, non- residential) uses. e. Local streets are any streets within the City that are not designated as arterials, collectors, neighborhood routes or identified as Commmercial/Industrial streets. These streets have the sole function of protriding access to immediately adjacent land. (7) Parking space requirement. The minimurn Off-Street parking requirement as required by Community Development Code Chapter 18.765. (8) Pavement Management Program (PMP). An annual program of corrective and preventative maintenance on City= of Tigard streets fiinded by the Street Maintenance Fee SM . The program helps to extend the life of the savennent structure by carious means such as complete removal and replacement of asphalt, slurp, sealis and/or overlaying. (9) Occupied unit. Any structure or any portion of any structure occupied for residential, commercial, industrial, or other purposes. For example, in a multi-family residential development, each dwelling unit shall be considered a separate occupied unit when ORDINANCE No. 09- Page 2 occupied, and each retail outlet in a shopping mall shall be considered a separate occupied unit. An occupied unit may include more than one structure if all structures are part of the same dwelling unit or commercial or industrial operation. For example an industrial site with several structures that form an integrated manufacturing process operated by a single manufacturer constitutes one occupied unit. Property that is undeveloped or, if developed, is not in current use is not considered an occupied unit. (10) Responsible party. The person or persons who by occupancy or contractual arrangement are responsible to pay for utility and other services provided to an occupied unit. Unless another party has agreed in writing to pay and a copy of the writing is filed with the City, the person(s) paying the City's water and/or sewer bill for an occupied unit shall be deemed the responsible party as to that occupied unit. For any occupied unit not otherwise required to pay a City utility bill, "responsible party" shall mean the person or persons legally entitled to occupancy of the occupied unit, unless another responsible party has agreed in writing to pay and a copy of the writing is filed with the City. Any person who has agreed in writing to pay is considered the responsible person if a copy of the writing is filed kith the City. (11) Street maintenance. Any action to maintain City streets, including repair, renewal, resurfacing, replacement and reconstruction. Street Maintenance does not include die construction of new streets or street lighting. Street maintenance shall include resurfacing of existing streets, repair or replacement of curb and gutter where they exist, repair or replacement of the entire existing street structural section, repair or replacement of existing street shoulders, pavement markers, striping and other street markings, repair or replacement of existing chanunelizationn devices, adjustment of existinng utilities to match finish grades, and any other related work within the existing streets. It includes repair or restoration of existing storm drainage systems within existing streets, but does not include installation of new drainage systems. It includes right-of-way maintenance on the City's arterial and collector streets, which covers maintenance and enhancement of planting strips, medians and areas between sidewalks and propergr lines on these street to prevent the uncontrolled growth of weeds and other undesirable vegetation in these areas. It does not include repair or replacement of existing sidewalks. Section 15.20.030 Administrative Officers Designated. (1) Except as provided in subsections (2) and (3) of this section, the Public Works Director shall be responsible for the administration of this chapter. The Public Works Director shall be responsible for developing administrative procedures for the chapter, administration of fees, consideration and assignment of categories of use, and parking space requirements for the categories of use subject to appeal to the City Council. (2) The Public Works Director shall be responsible for developing and maintaining street maintenance programs for the maintenance of City streets and, subject to City Budget Conunittee review and City Council approval, allocation and expenditure of budget resources for street system maintenance in accordance with this chapter. ORDINANCE No. 09- Page 3 (3) The Finance Director shall be responsible for the collection and calculation of fees and the appeals process under this chapter. Section 15.20.040 Street Maintenance Fees Allocated to the Street Maintenance Fee Fund. (1) All street maintenance fees received shall be deposited to the street maintenance fee fund or other fiend dedicated to the operation and maintenance of the City street system. The street maintenance fee fund shall be used for street maintenance. Other revenue sources may also be used for street maintenance. Amounts in the street maintenance fee fund may be invested by the Finance Director in accordance with State late. Earnings from such investments shall be dedicated to the street maintenance fee field. (2) The street maintenance fee fiend shall not be used for other governmental or proprietary purposes of the City, except to pay for an equitable share of the City's overhead costs including accounting, management and other costs related to management and operation of the street maintenance program. Engineering design, construction management, and other related costs, including project advertisements for bid, in the implementation of the street maintenance projects shall also be considered as being used for street maintenance. Section 15.20.050 Determination of Street Maintenance Fee. (1) The Street Maintenance Fee shall be established based on die following: (a) The City's 5-year maintenance and reconstruction plan for corrective and preventative maintenance of the City's street infrastructure. (b) The average annual cost based on the 5-year maintenance and reconstruction plan with costs allocated as follows: (i) Arterial maintenance costs allocated 100% to non-residential uses. (ii) Local Commercial/Industrial street maintenance costs allocated 100% to non-residential uses. (iii) Collector maintenance costs allocated 50% to residential uses and 50% to non-residential uses. (iv) Neighborhood routes and local street maintenance costs allocated 100% to residential uses. (c) For residential property, the fee shall be charged on a per unit basis (d) For non-residential property other than gasoline stations, the fee shall be leased on the minimum number of parking spaces required by Chapter 18.765 of the Tigard Community Development Code for each occupied unit, provided however that the maximum niunber of parking spaces for purposes of calculating the Street Maintenance Fee shall be five and t sh.ft be 250. ORDINANCE No. 09- page 4 i. In that non-residential property with fewer than 6 required spaces shall constitute a tier with a fifty percent reduction. In recognition that religious institutions leave minimum parking space requirements that are relatively large in comparison to the actual use of those spaces, the fee for religious institutions shall be based on one-half of the minimum parking space requirements for each religious institution. (c~ The Street Maintenance Fee for gasoline stations shall be based on the number of fueling positions. (2) The Street Maintenance Fee rates shall be established by Council resolution. (3) Beginning January 1, 2010, the fee for the Pavement Management Program will be phased in over three years. The street surface portion of the PMP will be phased in evenly over all three years. The right-of-way portion of the PMP will be phased in evenly over the last two years. (4) The Street Maintenance fee will be adjusted according to an annual index that is calculated based on a combination of the following indices: (a) The Oregon Composite Construction Cost index reflecting the cost of materials (weighted 65"/0). (b) The U.S. Bureau of Labor Statistics Employment cost Index for Private Industry, Workers, by Occupational Group and Industiy, Construction Group reflecting the cost of Labor (weighted 35%). (c) A floor of 1% and a ceiling of 10% has been established based on a composite of both indices listed above. (5) The indices will be applied in the second and third year of the three year phasing and even, year thereafter. G'' The program shall be reviewed annually as part of the City's budget process. 0,)(7_) Following each review of the program, die Finance Director shall review the revenue received from the new rates after a full year of collection to detelmine if the annual revenues meet die annual funding level set from the updated 5-year Street Maintenance Plan. The Finance Director shall report dne findings of that review to City Council and may mare recommendations on any potential fee increases or decreases based on that review. Any unspent fiends will be placed in a reserve fund. Section 15.20.060 Determination of Amount, Billing-and Collection of Fee. (1) Tlne mininum required number of parking spaces or the inunber of fueling positions for each occupied unit of nonresidential propeM, shall be determined by the Public Works Director. For uses not explicitly listed in the Tigard Development Code as to required parking, dne Public Works Director shall assign the use to the most similar ORDINANCE No. 09- Page 5 category, considering at least the following factors as well as any other relevant information: (a) The size of the site and the building; (b) The number of employees; (c) Other developed sites with similar use. (2) The Public Works Director shall establish the amount of street maintenance fee payable for each unit of nonresidential property and shall inform the Finance Director of the amount. The amount payable shall be re-determined if there is a change in use or development. All redeterininations based on a change in use or development shall be prospective only. The Finance Director shall charge the per-unit street maintenance fee to the responsible party for each occupied unit of residential property. (3) The street maintenance fee shall be billed to and collected from the responsible party for each occupied unit. Billings shall be included as part of the bimonthly water and sewer bill for occupied units utilizing City water and/or sewer, and billed and collected separately for those occupied units not utilizing City water and/or sewer. All such bills shall be rendered bimonthly by the Finance Director and shall become due and payable upon receipt. (4) Collections from utility customers will be applied first to interest and penalties, then proportionately among the various charges for utility services and street maintenance. (5) An account is delinquent if the street maintenance fee is not paid by the due date shown on the utility bill. The City may follow die procedures for collection of delinquent accounts set forth in Section 12.03.030 and/or 12.03.040, including termination of water and/or sanitary sewer service. Section 15.20.070 Waiver of Fees in Case of Vacancy. (1) When any developed property within the City becomes vacant as described in Subsection 3, upon written application and approval by the Finance Director, the street maintenance fee shall thereafter not be billed and shall not be a charge against the property. (2) The Finance Director is authorized to cause an investigation of any property for which an application for determination of vacancy is submitted to verify any of the information contained in the application. The Finance Director is further authorized to develop and use a standard form of application, provided it shall contain a space for verification of the information and the person signing such form affirms under penalty for false swearing the accuracy of the information provided therein. (3) For purposes of this section, a unit of property is vacant when it has been continuously unoccupied and unused for at least thirty (30) days. Fees shall be waived in accordance with this section only while the property remains vacant. Any ORDINANCE No. 09- Page 6 occupancy or use of the property terminates the waiver. The City may charge any property with the appropriate street maintenance fee, including charges for prior billing periods, upon detertninuag by whatever means that the property did not qualify for waiver of charges during the relevant time. The decision of the Finance Director under subsection (1) and (2) shall be final. Section 15.20.080 Administrative Provisions and Appeals. (1) The Public Works Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this chapter and to determine the appropriate charges thereunder. The responsible party for an occupied unit may request reconsideration of the Public Works Director's determination of the amount of the fee by submission of a written application to the Public Works Director. The application shall be submitted in sufficient detail to enable die Public Works Director to render a decision. (2) Within 30 days of the submission of a complete application requesting reconsideration of the amount of the street maintenance fee to be charged to an occupied unit, die Public Works Director shall render a decision on the application. The decision shall be written and shall include findings of fact and conclusions for the particular aspects of the decision, based upon applicable criteria. A copy of the decision shall be mailed to the person submitting the request. The Public Works Director shall inauitain a collection of such decisions. Decisions of the Public Works Director, which affect the amount of fee to be charged to a property, shall be forwarded to the Finance Director. Except as provided under subsection (4) of this section, the decision of the Public Works Director is final. (3) The Public Works Director may determine that the land use category is proper and that the fee charged is appropriate. However, if the decision of die Public Works Director results in a change in the category of land use, the Public Worms Director shall assign a new use category, determine the appropriate fee for the category, and notify the Finance Director so that the appropriate change may be made in the applicable fee to be charged in the future. No back charges or refunds shall be allowed. The decision of the Public Works Director under this subsection (3) only, may be appealed. (4) Council may form a subcommittee consisting of two Council members, or appoint a committee of disinterested citizens, hereinafter known as die Appeal Committee, to address any appeals to the Public Works Director's decisions. A responsible party who disputes the determination of the Public Works Director as to use category or number of required parking spaces may file a written appeal with die Appeal Committee. All appeals inust be submitted within ten (10) days from dne date of the Public Works Director's decision, together with a filing fee in an amount set by Council by resolution. The application for appeal shall specify the reasons for the appeal and shall provide sufficient information for the Appeal Committee to render a decision. No other appeals shall be permitted. (3) The Appeal Committee shall schedule a re-hew of each appeal and shall notify the appellant not less than ten (10) days prior thereto of the date of such review. The Appeal Coininittee shall conduct a hearing to determine whether there is substantial ORDINANCE No. 09- Page 7 evidence in the record to support dae interpretation given by the Public Works Director and may continue the hearing for purposes of gathering additional information bearing on the issue. The Appeal Committee shall render an initial oral decision and shall adopt a final written decision together with appropriate findings in support thereof. The decision of the Appeal Committee shall be limited to whether the appellant has been assigned to the appropriate use category, or whether the appropriate minimum parking space requirement or number of fueling positions has been correctly identified. If dhe Appeal Committee should determine that a different use category should be assigned, or that the rnininnun parking space requirement should be revised, it shall so order, provided no refund of prior street maintenance fees shall be given. Only where the Committee decision results in a change in use category and/or change in the minimum parking space requirement will the filing fee on the appeal be refiuaded. The Appeal Conunittee decision shall be final. Section 15.20.090 Administrative Policies. (1) The following policies shall apply to the operation and scope of this chapter: (a) Street maintenance fees imposed under this chapter shall apply to an occupied units, occupied units owned and/or occupied by local, state and federal governments, as well as property which may be entitled to exemption from or deferral of ad valorem property taxation. (b) Publicly owned park land, open spaces and greenways shall not be subject to the street maintenance fee unless public off-street parldrag designed to accommodate the use of such areas is provided. (c) Areas used for commercial farming or forestry operations shall be billed according to die use of any structures on the site. Where a site is used exclusively for farming or forestry and not for residential or commercial uses, the site shall not be subject to the street maintenance fee. Where there are different seasonal uses of structures on farm or forest land, the use category shall be determined by examining the use for the longest portion of dae year. Where more than one use is made of a farming or forestry site, then each use shall be examined separately and combination of use categories shall be used to determine the street maintenance fee. (d) Areas encompassing railroad and public right-of-way shall not be subject to the street maintenance fee. (e) Railroad property containing structures, such as maintenance areas, non-rolling storage areas and areas used for the transfer of rail transported goods to non- rail transport shall be subject to street maintenance fees. ( For newly developed properties, the fees unposed under this chapter shall become due and payable from and after the date when the developed property is connected to dae public water or sanitary sewer system. ORDINANCE No. 09- Page 8 (2) The Public Works Director is authorized and directed to review the operation of this chapter and, where appropriate, reconrnmend changes thereto in die form of administrative policies for adoption of the City Couuicil by resolution. Administrative policies are intended to provide guidance to property owners, subject to this chapter, as to its meaning or operation, consistent with policies expressed herein. Policies adopted by the Council shall be given full force and effect, and unless clearly inconsistent widl this chapter shall apply uniformly throughout the City. (3) If an occupied unit of nonresidential property is used for more than one use with different nnininnnum parking requirements, the street maintenance fee shall be based on the required parking for tie total of the various uses. SECTION 3: All other sections in Chapter 15.20 remain the same. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. SECTION 5: The new fee will become effective January 1, 2010. PASSED: By vote of all Council members present after being read by number and tide only, this day of 12009. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 72009. Craig E. Dirksen, lWayor Approved as to form: City Attorney Date ORDINANCE No. 09- Page 9 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION TO AMEND THE PORTION OF THE MASTER FEES AND CHARGES SCHEDULE PERTAINING TO STREET MAINTENANCE F y E AS ADOPTED UNDER RESOLUTION NO. 09-44 WHERE AS, the City of Tigard has a Master Fees and Charges Schedule; and WHEREAS, the City of Tigard's Pavement Management Program is an annual program that provides corrective and preventative maintenance to City streets; and WHEREAS, the Pavement Management Program is funded by the Street Maintenance Fee; and WHEREAS, the cost and scope of the Pavement Management Program has significantly increased; and WHEREAS, it was determined that the Street Maintenance Fee should be modified to offset increased program costs; and WHEREAS, it was determined that the cost assumption for asphalt is $80.00 per ton for a Pavement Management Program that includes $2,216,174 annually for five years of surface road maintenance to fund over $11 million in needed road maintenance; and WHERE AS, it was determined that the cost estimate of $300,000 annually for right-of-way maintenance for a total Pavement Management Program of $2,516,174, and WHEREAS, Tigard City Council recognizes the economic difficulty caused by large fee increases and has instructed City staff to phase in the fee increase on road maintenance over three years and the right-of-way maintenance over the last two years of the phase in period. WHEREAS, Tigard City Council recognizes that the phase in will result in the fees collecting less than the required S11 million in the next 5 years. WHERE AS, the fee increase will fund a more complete Pavement Management Program but the fiord ng lost due to the phase in will cause the program goal of a Pavement Condition Index of 70 to be extended from a 5 year goal to a 9 year goal. WHERE, AS, City staff has revised the Street Maintenance Fee within the Public Works Department to fiurd the increased program costs. NOW, THERE FORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The fees and charges for the Street Maintenance Fee are enumerated and set as shown in the attached schedule (Exhibit A). RESOLUTION NO. 09 - Page 1 SECTION 2: This resolution is effective January 1, 2010. PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09 - Page 2 City of Tigard Street Maintenance Fee Schedule EXI IIB1T A Department Revenue,Source, Fee or Char a Ef£ecti re Date Street Maintenance Fee Monthly Residential Rate - Single and illuld-Fanuly $2.18 /per unit 4/1/2004 $3.22 /per unit 4/1/2010 Monthl}' Non-Residential Rate $0.78 /per parking space or fueling pump station 4/] /2004 $123 /per parking space or fueling pump station =1/1/2010 Written Appeal Filing Fee $300.00 4/1/2004 Tigard Citywide Pavement Condition Index by Funding Scenario 7 7 PO Goal = 70 70 69 -Workshop Proposal: 3- year Phase-in Starting g 4/1/10; then Jan 1 each n 66 year 0 v Ei 64 Current Funding Level 6 2 60 2006 2007 2003 2009 2010 w/Stimulus 2011 2012 2013 2014 2015 End of Paving Season In Year.- t i l Street Maintenance Fee Crosswalk ae n.:. :~~•:,_i, 's; li_;ol ::,n'i0ja, What is Tigard's goal for the Pavement Management Program? Attachment #1: Resolution establishing an average PCI. The goal is a Pavement Condition Index (PCI) of 70-75. How long will it take to achieve the goal of a PCI over 70? Attachment #3: Resolution amending the master fees and The goal will be achieved in 2019. charges schedule in the WHEREAS section. What will the PCI be in 5 years? Attaclunent #4: Graph of Tigard Citywide Pavement The PCI in 2015 will be 68.6. Condition Index by Funding Scenario How much should Tigard assume to pay for asphalt? Council Direction was to assume S80/ton. How much should Tigard spend on right-of-way maintenance? Council Direction was $300,000 How should the cost of the Pavement Management Program be divided between residential and non-residential property owners? Council Direction is to follow the recommended split provided by the Transportation Finance and Strategies Task Force. What should be the maximum number of parking spaces for non-residential properties? Council Direction was 250. Attachment #3: Resolution amending the master fees and charges schedule in the WHERE- AS section. Attachment #3: Resolution amending the master fees and charges schedule in the WI IEREAS section. What is the discount that will be applied for non-residential customers? Council Direction was 50% for small businesses with less than 6 required 1) arking spaces. What indexing fees will be applied to cost increases? Council Direction was an index that was a combination of both labor and materials. How often will the program be evaluated? Council Direction specified an annual review. What is the timeframe for pleasing in the fee? Council Direction stated a period of 3 years. Attachment #2: Tigard Municipal Code 15.020.050.1(b) Attachment #2: Tigard Municipal Code 15.020.050.1(d) Attachment #2: Tigard Municipal Code 15.020.050.1(d)d Attaclunent #2: Tigard Municipal Code 15.020.050.4 Attachment #2: Tigard Municipal Code 15.020.050.6 Attachment #2: Tigard Municipal Code 15.020.050.3 & Attachment #3: Resolution amending the master fees and charges schedule in the WHEREAS section. AGENDA ITEM No. 6 Date: December S, 2009 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Councils on: LEGISLATIVE PUBLIC HEARING; REVISED STREET MAINTENANCE FEE This is a City of Tigard public meedng, subject to the State of Oregon's public meeting and records laws. All wzWen and oral tesdmonr become part ofthe public xecord and is openly available to all members ofthe public. The names and addresses ofpersons who attend or pardcipate in City of Tigard public meetings will be included in the meeting minutes, wA ch is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I/Adm/Cathy/CCSignup/Leg. PH Downtown Collector Street Standards Camp Plan and Development Code Amendment ~estixx~°riy -V~e Pergoo ~~uties ~ 5 Testimony Time Limit: 5 minutes per person AGENDA ITEM No. 6 PLEASE PRINT December 8, 2009 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and xs openly available to all members ofthe public. The names and addresses ofpersons who attend or participate in City ofTr -ard public meetings wiU be included .rte the meedogminutes, which is a public record. n__-__-_,. sc..,,..1.:.... Y.. W- A nnnnnPnt - Nt,rtikina A"instl Neutral i icy v-, - Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Y~f S~~IIONi"M /~'!C'-(A)Ijwlrt~tciti Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. , Name, Address & Phone No. /c J ~ ~ ~ -(A Z cF- ~ ~ 75 Name, Address & Phone No. 3e, Ad ess & Phone No. j L Name, Address & Phone No. 41 'v J ~y c L~ LS ~'L' IV--~laaa- p*, Y q i 1 3C) Name, Address & Phone No. c, Address & Phone No. N Name, Address & Phone No. ~ 't r ~~J~ o~ -t VVI k 5Q ; - aI~SO Testimony Time Limit: 5 m;r„-tes per persorx AGENDA ITEM No. 6 PLEASE PRINT December 8, 2009 Thrs is a City of Tigard public meeting, subject to the Stste of Oregon's public meetixzg and records laws. All mitten and oral testimony become part ofthe public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of ?Tigard pubBc meedi7gs will be included in the meedagminutes, which is a public record. Prnnnriant - (gnPnlrina Tn Favorl Onnonent - (5neakina Aeainst) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. r~ fV1'1 c- " 5 n e,,J g-)4-u ~-5 F~~ s l S V') ] I L9 V- ` 'I J , Name, Address & Phone No. Name, Address & Pho e No. Name, Address & Phone No. C~ 3 j rw /Ovk L(L ~'7zz3 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ekl December 8, 2009 To: City of Tigard Re: Revised Street Maintenance Fee (Pavement and Right-of-Way) A first impression, while it may not be necessarily valid, may be difficult to change. Often, people do not bother to look beyond their first experience. When one first enters a city from outside, much is conveyed to the visitor by the physical surroundings. Is it a gracious entry, clean, well maintained? Is there the feeling that the citizens are looking forward with a positive attitude to a bright, improving future? Hopefully, for a city, the first impression is not that of drab, overgrown and unkempt street-sides, and rutted, broken pavement filled with potholes. In areas where the pavement is well maintained perhaps because it's an arterial the right of way looks like a neglected, scrubby weed-patch. is this the picture of someplace where energetic citizenry show they care? Who would want to move to such a place? Further, if one is looking for somewhere to locate a business, hoping for success, who would choose to purchase in an area that is not visually inviting to potential customers? The future belongs to those who care, and who will invest in it today. I realize that many people feel that "taxes are always too high"; that they "only benefit someone else'; that "fancy is not necessary"; and all these "unnecessary expenses" should be put off until the economy is better, things are more settled, (or until I've moved on and someone else can do it?). Experience shows us that delaying necessary street maintenance usually results in further deterioration, costs much more in the long term, and certainly affects the cost to drivers for gas mileage, tires, wheel re-alignment, etc., to say nothing of the often unconsidered safety hazards and even the stress, fatigue and frustration of driving through such an area. This is not someone else's city; this is ours, and we should make it one to be proud of. We can always put things off until tomorrow, but what will tomorrow's citizens say? They are our children and grandchildren. Do we want them to think we didn't care about the world they would live in? It will only be increasingly expensive for them to undo and repair what we are unwilling to be responsible for today. Please be sure that these necessary measures are included in the city's budget. If we don't find the money to do it now, how will we (or tomorrow's citizens) ever find the "even more" money that it will cost later? Darlene Young, Tigard resident C 5 Lkx'- bC., fiC , C "n m P-,IA-{--~' J 32 LV o ~ ~S hL7,~ ►n-Ce-tz.v1 c~ , Hello. I was asked for my feedback regarding road construction in Tigard this weekend. On the survey form, it asked me to prioritize the planned construction projects. All of the planned projects seemed to be focused on big roads and intersections that already have turn lanes, sidewalks, bike lanes, turn arrows, etc. I would love to see more attention given to those non-major roads that actually do get a lot of traffic. These streets are the arteries connecting Tigard residences to parks, schools, and shopping. As such, THOSE roads are the. ones that should see some development. I walk a lot around my neighborhood, and hardly any of the nearby streets have sidewalks. Some of them don't even have streetlamps. Makes it pretty dangerous for me to walk, especially in the dark, and is prohibitive for residents to use environmental friendly methods of going places like by walking and biking. ❑ 0 The specific roads that I am referring to are 80th, 72nd (from Fred Meyer to Ventura), Locust, and Oak. I know a "pedestrian walkway" was recently added to 72nd, which helps. I LOVE what was done to Oleson Rd (between Hall and Garden Home) and would like to see similar improvements to the aforementioned busy streets. F1 Just my thoughts. Thank you!❑ Jennifer SchroederE Sep 16, 2009 3:48 AM Tigard Resident since 20020 Why does Tigard City Council treat us like we're stupid? We don't need a video explaining the importance of street maintenance. Everyone knows that roads need to be maintained and occasionally repaired and expanded. What we need from politicians is honesty and proper fiscal management. Gas taxes, which are quite high, are supposed to be earmarked for road repairs. Yet every city always says that they have no money for road repairs and need to "raise or assess" taxes or fees. It never ends. Where does all the money for gas taxes go? The city of Tigard assessed an additional gas tax over a year ago that you told the residents was for repairs/expansion of 99W. Yet nothing has been done to 99W while all of this additional money has been collected. And no word on when or how it will happen. Yet now you say that a street maintenance fee, which we already pay on our utility bills, needs to be increased. You spent the money on this lengthy, rather condescending video, yet it does not mention how much of an increase you are recommending to the street maintenance fee, nor does it address the additional gas tax you already imposed and are collecting. What are you doing with all of the 33 Sep 17, 2009 5:24 PM money you are already collecting which is supposed to pay for road maintenance and I am Tigard's City Arborlst and staff liaison for the Tree Board. I would like to comment in support of phasing in right-of-way maintenance for Tiigard's arterials and collectors because it will benefit Tigard's urban forestry program, achievement of Comprehensive Plan goals and policies, and the mission of the Tree Board. The City's current urban forestry efforts focus sustaining our community's tree and vegetation resources to provide a living legacy for future generations. By maintaining trees and vegetation along arterials and collectors, the City can provide a highly visible examples of how the community can achieve its long term urban forestry goals. ❑ Also, on a more technical note, the City's canopy replacement program is currently undertaking major planting projects along arterial and collector roadways using tree mitigation funds. Due to tree mitigation fund requirements, the City can only provide up to 3 years of tree maintenance after planting. Long term funding for maintenance is currently a gap in the City's program, and we are actively seeking sources of funding to meet long term tree management needs. Phasing in the right-of-way portion of the street maintenance fee in years 2 and 3 would ensure long term maintenance of trees and other vegetation after the City's 2 to 3 year maintenance requirement for current projects expires. This would not only benefit the canopy replacement program, but also other ongoing projects such as the Burnham and Main Street retrofits.3 In summary, the right-of-way phase in portion of the street maintenance fee supports the City's long term urban forestry goals, and will allow the City to set a highly visible example of how to meet those goals.s 0 34 Oct 13, 2009 6:29 PM Respectfully Submitted,❑ 35 Oct 29, 2009 10:12 PM 36 Nov 7, 2009 6:18 PM I think you ought to know: Our cul-de-sac, 125th Place of off North Dakota St., was "slurry sealed" this past summer along with many others in the area. The new surface already has MANY significant cracks. These will only get worse with the freezing temperatures of the winter, I would think. If I had paid a contractor for this work, I would have them come back and fix these cracks NOW. Wait a minute, I DID pay for this with my tax dollars and street maintenance fees! Please come over and take a look for yourselves. Feel free to contact me by phone or email.0 --Nancy Irwin El 11135 SW 125th PI.I (503) 590-80860 irwinfam@verizon.net My concern is related to the practice of calling streets private and therefore excluding them from any benefit from these fees. These streets were made private by decisions made by the city of Tigard and home developers. It was not a decision made by the residents, The residents shouldn't be penalized by by these decisions to circumvent city codes and from my perspective, the concept should be abolished and the streets taken back by the city. If the streets are too narrow or some other reasoning that caused them to be put into the category of being private they never should have been allowed to be developed in the first place. It's a double standard that continues today. Everytime I see my water bill with the street service fee, it reminds me that I'm paying for something that will provide no benefit for my street. I understand the need, but this simply isn't equitable. You can count me out on street fees until the day you eliminate my street from the private list.s Regards, 0 Bruce Tibbettsm bstib@verizon.net Craig Prosser From: Toby LaFrance Sent. • Tuesday, December 08, 2009 3:53 PM To• Craig Prosser; Dennis IC oellermeier; Cathy Wheatley; Carol Krager Subject: RE: Maintenance Fee Thanks Craig. As a point of reference, I looked up Nicoli Engineering. They are being charged for 5 spaces. Under the Council direction to remove the minimum charge of 5 spaces, they will only have 4 spaces and receive a reduction of 50% by being in the first tier. Currently they pay $3.90 per month. Under the fully implemented proposal, Nicoli Engineering will pay $4.84 per month (before inflationary increases). -----Original Message------ From: Craig Prosser Sent: Tuesday, December 08, 2009 2:53 PM To: Toby LaFrance; Dennis Koellermeier; Cathy Wheatley; Carol Krager Subject: FW: Maintenance Fee. FYI -----Original Message----- From: Craig Dirksen [mailto:craigd@dprd-or.gov] Sent: Tuesday, December 08, 2009 2:34 PM To: Liz Newton; Craig Prosser; Councilmail Councama l Subject: FW: Maintenance Fee From: Jim Andre-,VS[SMTP JANDREWS@NICOLIENGINEERING.CO4 Sent: Tuesday, December 08, 2009 233:42 PM To: Craig Dirksen Cc: Cathy Wheatley; Toby LaFrance; Marland Henderson Subject: Maintenance Fee Auto forwarded by a Rule Mayor Dirksen and Council Members, Due to previous family obligations I will not be able to attend tonights council meeting. I had intended to speak and oppose the proposed Maintenance fee increase. In lieu of speaking I am requesting that my comments be included to the opponents comments on the increased fee proposal. First, I would like to say that I am not opposed to a maintenance fee or even some minor increase. My major concern is with the timing of the proposed increase. In better economic times this might not be such an issue, but right now our office has been cutting back on expenses and canceling many services in order to meet payroll and other critical overhead items. We have had to lay off one employee and another is working part time, when work is available. In a small firm like ours, this accounts for 50% of our work force. We have done everything we can to reduce our overhead cost in an effort to ride out the current economic slump and maintain our business till better economic times present themselves. After all of our efforts and sacrifices, we ate now being asked to accept a fee increase at a time when we are operating at a "bare bones" mode. This is not an appropriate time to burden small businesses with increased fees. I must also add that I have a serious issues with the methodology used in establishing the fees. Although I have concerns regarding the methodology and fairness in determining the proposed fees and subsequent increases, my main concern remains the tinning of this fee increase proposal. Thank you for the opportunity to voice .zap concerns. Regards, Jim Andrews, President Nicoli Engineering, Inc. 9025 S.W. Center Street Tigard, OR 97223 Cathv Wheatee From Toby LaFrance Sent: Tuesday, December 08, 2009 4:20 PM To: Jim Andrews; Craig Dirksen Cc: Cathy Wheatley; Marland Henderson; Craig Prosser Subject: RE; Maintenance Fee Attachments: Toby LaFrance.vcf Mr. Andrews, Thank you for your comment. I have information that may relieve some of your concern. I looked up the account for Nicoli Engineering. Currently, you are charged for 5 spaces a month for a total cost of $3.90 per month. While the cost per space is increasing, Council provided direction that is in the proposed Resolutions and Ordinance that will mitigate the impact on your business. The current ordinance has a minimum charge of five spaces, Council's direction is to remove the minimum charge. Under that direction, you will be assessed for four spaces. Further, Council's direction is to create a tier for businesses with less than six spaces with this tier receiving a 50% discount. The combination of the charge for fewer spaces and the 50% discount will result in a monthly charge to Nicoli Engineering of $4.84 per month. Lastly, the fees are proposed to be phased in over three years, so you will actually pay less during the first two years of the phase-in. Below is how the fees would be charged to Nicoli Engineering, as currently proposed for tonight's hearing. Monthly Charge: -Current = $3.90 -Year 1 = $2.46 -Year 2 = $3.64 -Year 3 = $4.84 One note, there is a provision tonight's proposal to index the program cost and supporting fee, so the amounts in Year 2 & 3 is before the index is applied. I do not know the exact amount that you would be charged, since I do not know the future index amount. However, over the last 19 years, the index has increased an average of 4.7%. Again, I hope this information is helpful to you. If you have any additional questions, let me know. Regards, Toby LaFrance -----Original Message----- From: Jim Andrews [mailto:jandrews@nicoliengineering.com] Sent: Tuesday, December 08, 2009 2:34 PM To: Craig Dirksen Cc: Cathy Wheatley; Toby LaFrance; Marland Henderson Subject: Maintenance Fee Mayor Dirksen and Council Members, Due to previous family obligations I will not be able to attend tonights council meeting. I had intended to speak and oppose the proposed Maintenance fee increase. In lieu of speaking 1 dur`thG Al~~lC d6o ffear i ? IAA en~ia 14-em TO: Mayor Craig Dirksen Councilor Nick Wilson Councilor Gretchen Buehner Councilor Marland Henderson Councilor Sydney Webb FR: Amanda Dalton Representing Northwest Grocery Association amanda@daltonpr_com 503 344.4942 RE: Proposed Street Maintenance Fee Increase December 8, 2009 As the primary advocate for the grocery industry in Oregon the Northwest Grocery Association represents member retailers, wholesalers, and suppliers. We fully understand the challenges facing local cities as they try to address serious transportation needs. Five years ago we worked with the Tigard City Council to draft and implement the city's current Street Utility Fee (SUF). Our association remains committed to supporting local cities in their critical road funding needs and look to be a continued supportive partner in your overall transportation funding plan. NWGA members are willing to pay their share for road repair and believe the initial SMF methodology and rates were a fair and efficient approach to providing for street repair and maintenance. We have significant concerns with the proposed changes and increases to the Street Maintenance Fee and emphasize, that as proposed, our members will see an increase of almost 400% - without any inflation factor which has been proposed as high as 10% annually - our monthly fees increase from $156 a month today to $605 a month in 2012, or over $7600 a year. With our narrow profit margins, this represents $760,000 in new sales per store to cover the new fees. Raising prices is our last resort as it is devastating to our customers in this economy. We propose the following recommendations: • Increase the NON--residential monthly base rate to $1.23 per parking space (+58%) • Increase the residential rate monthly base rate to $3.00 Monthly (x-38%) • Tie the Street Maintenance Fee to a fixed annual growth rate of no more than 3% ' WASHINGTO14 ' 'y • Any small business that does not have parking pays a maximum of 5 spaces. The city would be prohibited from adjusting for square footage. • Any small business with parking could request an pro-rata adjustment to reflect vacancy rates (e.g. 10 spaces x 50% vacancy = 5 spaces) • Dedicate the $900,000 in new state gas tax revenues to street maintenance projects contemplated under the SUF • Eliminate the new ROW program priced at $300,000 annually By using the above figures staff can compute a fair and equitable formula while not placing undue financial constraints on Tigard residences and businesses. We understand this does not fully fund staffs request of $2.5 million, however believe that this number can be reduced though a project specific prioritization discussion, removal of right-of-way dollars as well as applying new gas tax revenues in 2011 to maintenance projects. We strongly urge you to consider our proposal because it is clear that Tigard residents do not sgpport the staff proposal. ➢ In a recent survey 70% of Tigard residents had not heard of the proposed increases in the Street Maintenance Fee ➢ When informed of how much the proposed increase would cost residential ratepayers, 53% opposed the residential increase. ➢ The numbers grew startling higher when informed of the proposed increases to Tigard businesses, where over 70% of Tigard residences opposed an increase of the Street Maintenance Fee_ ➢ Many of the open ended comments that surfaced were "now is not the time to raise fees on business," "we can't drive business out of Tigard," and many simply felt that the jump from $800,000 to $2.5 million was "excessive." We thank you for your time and willingness to discuss and address our proposed concerns. It is our hope that Council can revise the proposed increases to better meet both need and affordability of this community. TIGARD STREET UTILITY FEE NORTHWEST GROCERY ASSOCIATION PROPOSAL TO MITIGATE FEE INCREASES 12/9/2009 A 8 C 0 E F G H I J K 1 CURRENT TIGARD SUF Spaces Monthly Rate Annual Rate Revenue % Original Goal 2 2007/08 Residential 19,848 $ 2.18 $ 26.16 $ 519,223.68 60% 58% 3 2007/08 Non-Residential 37,279 $ 0.78 $ 9.36 $ 348,931.44 40% 42% 4 2001/08 Total $ 868,155.12 5 6 STAFF PROP05AL Spaces MRately Annual Revenue % 7 2010 Residential 19,848 $ 3.22 $ 38.64 $ 766,926.72 58% 10096 Res +50% Collector Projects 8 2010 Non-Residential 37,279 $ 1.23 $ 14.76 $ 550,238.04 4296 100% Arterials +50% Collector Projects 9 2010Tatal $ 1,317,164.76 100% 10 11 2011 Residential 19,848 $ 4.85 $ 58.20 $ 1,155,153.60 5795 100%Res+5096 Collector Projects 12 2011 Non-Residential 37,279 $ 1.91 $ 22.92 $ 854,434.68 43% 100% Arterials +50% Collector Projects 13 2011 Total $ 2,009,588.28 100% 14 15 2012 Residential 19,848 $ 6.31 $ 75.72 $ 1,502,890.56 57% 100% Res + 50% Collector Projects 16 2012 Non-Residential 37,279 $ 2.54 $ 30.48 $ 1,136,263.92 43% 100% Arterials +5096 Collector Projects 17 2012Total $ 2,639,154.48 100% 18 19 Total includes new $300k annual ROW program. Total does not include expected 2011 State Gas Tax revenue of $900,000 20 The new rate is increased at 5% per year, but the Staff proposal allows as much as 10% per year 21 Raises parking lot cap from 200 to 250 resulting in 3 different fee increases - rate, volume, and inflation 22 23 NWGA PROPOSAL Spaces MRately Annual I Revenue % 24 2010 Residential 19,848 $ 3.22 $ 38.64 $ 766,926.72 58% 100% Res+ 50% Collector Projects 25 2010 Non-Residential 37,279 $ 1.23 $ 14.76 $ 550,238.04 4296 100% Arterials +50% Collector Projects 26 State Gas Tax $ - 27 2010 Total $ 1,317,164.7& 100% 28 29 2011 Residential 19,848 $ 3.32 $ 39.80 $ 789,934.52 35% 100% Res + 509' . Collector Projects 30 2011 Nan-Residential 37,279 $ 1.27 $ 15.20 $ 566,745.18 25% 100% Arterials +50% Collector Projects 31 State Gas Tax $ 900,000 40% 32 2011 Total $ 2,756,680 100% 33 34 2012 Residential 19,848 $ 3.42 $ 40.99 $ 813,632.56 3596 100% Res + 50% Collector Projects 35 2012 Non-Residential 37,279 $ 1.30 $ 15.66 $ 583,747.54 25% 100% Arterlals +50% Collector Projects 36 State Gas Tax $ 900,000 3996 37 2012Total $ 2,297,380.09 100% 38 39 The NWGA rate contemplates a maximum 3% annual growth factor and current 200 space cap 40 The NWGA proposal is based on the $2.5M staff request, dedicates the $900,000 in 2011 new state gas tax revenues to offset the SUF, and eliminates the $300k in new ROW spending E41 Small Businesses without parking pay a flat minimum of 5 spaces billed annually ($73). Square Footage formulas prohibited. Small Businesses with parking and vacant space can request a pro-rata reduction in rate (10 spaces x 5096 vacancy = 5 spaces) TIGARD SUF WITH 3% GROWTH FACTOR 2004 - 2009 2004 2005 2006 2007 2008 2009 Proposed Rate $ 0.78 $ 0.80 $ 0.83 $ 0.85 $ 0.88 $ 0.90 Annual Inflation Factor 0% 3.0% 3A% 3.0% 3.0% 3.0% Monthly Cost for 200 max spaces $ 156.00 $ 160.68 $ 165.50 $ 170.47 $ 175.58 $ 180.85 Annual Cost for 200 max spaces $ 1,872.00 $ 1,928.16 $ 1,986.00 $ 2,045.58 $ 2,106.95 $ 2,170.16 % Growth of 2004 Base 0,0% 3.0% 6.1% 9.3% 12.6% 15.9% Total $ for Tigard Streets $ 850,000 $ 875,500 $ 901,765 $ 928,817 $ 956,682 $ 985,382 EXECUTIVE SUMMARY City of Tigard: Proposed Street Maintenance Fee November 15, 2009 Following are results of a city-wide telephone voter survey conducted by VPhones, LLC. The survey was conducted November 11-12, 2009 among a representative sample of 300 likely voters in Tigard, OR. The potential sampling error is plus or minus 5.32% at the 95% confidence level. Tigard Street Maintenance Fee: Awareness When asked if the respondents had seen, read or heard anything about the proposed fee increases 26% registered any awareness. The majority of respondents, 76%, were unaware of both the purpose and collection method of the existing street maintenance fee. Q. Over the past few months have you seen, read or heard anything about the proposed Street Maintenance Fee increases being discussed by the Tigard City Council? 100x% 90% ° 72% 80 o % 70% 60% 50% 40% 26% 30% . 200 10% Yes Na Don't Know Tigard Street Maintenance Fee: Support for Roads When provided information about the Tigard Pavement program, the increased costs associated with the program and the need to "maintain a healthy road system, as well as offset increased cost of road repairs," respondents were generally sympathetic to the need to support their community roads. There was a general understanding amongst respondents who provided a definitive opinion that supporting local roads was the entire community's responsibility, and if they were able to afford it, they would be willing to pay a nominal fee to further enhance and maintain Tigard roads. 30% of respondents withheld an opinion of their support/opposition until they knew how much the proposed increase would cost them. Executive Summary November 20, 2009 Q. General Message & Need to Maintain Roads: Would you support or oppose an increase in the Street Maintenace Fee? 100% 90% 80% 70% 60% 50% 3$% 40% 3 3 10 330% 30% 20% 10% ti r 0% Support Oppose Don't Know Respondents who provided definitive support or oppose opinion were then given an opportunity to provide further reasoning in their own words. Overwhelmingly those who supported an increase in the fees cited the need for better roads and a strong infrastructure. Of those who opposed an increase in the Street Maintenance Fee, the majority expressed concern over timing and the bad economy. Many mentioned they were personally struggling and on a fixed income and simply could not afford higher fees. Others also criticized the City for mismanaging existing funds and felt they could better manage and budget existing money, while others noted that the increases on business seemed excessive and overall higher fees were bad for businesses. Tigard Street Maintenance Fee: Support for Roads but Not For Higher Fees Respondents were surprised to learn of the overall Street Maintenance Fee collections increase from $800,000 to $2-5 million and many reiterated the poor timing and excessiveness of such an increase. While those that supported an increase in the Street Maintenance fee rose slightly from 33% on the generic ballot to 3b%o after hearing cost specifics, the majority of respondents that opposed an increase in the residential fee grew from 38% to 53%. This figure accounts for over half of the undecided column from the generic ballot, signaling movement from respondents when provided with how much the proposed fee increases will cost their household. Several comments were also registered from respondents who supported the lower $3 increase but opposed the higher step increase. Executive Summary November 20, 2009 Q. Specifics: Raise from $1.28 a month to over $3 a month or about $38 a year in 2010 and over $6 a month or about $75 a year by 2012. Would you support or oppose an increase of the residential street maintenance fee? 100% 80% 53% 60% 36% 35% 40% 15% 21560 180%0 r_ o 20% , 0% Strongly Somewhat TOTAL Somewhat Strongly TOTAL Don't Know Support Support SUPPORT Oppose Oppose OPPOSE Respondents were far more definitive on their opposition to increasing fees on Tigard's business community. An overwhelming majority, 71 opposed an increase on Tigard businesses and felt strongly that now was not the time to raise fees/taxes on business. Many commented on the excessive jump in the maximum charged to Tigard's businesses and expressed concerned about "driving business out of Tigard." Q. Specifics: Raise from maximum of $156 a month or about $1800 a year to over $300 a monthy or $3600 a year by 2010 and $600 a month or $7600 a year by 2012? Would you support or oppose an increase of the business street maintenance fee? 100% 71% 80% 60% 40% - Z~o Fio~ 15 % 60 13% 20% fl 0% Strongly Somewhat TOTAL Somewhat Strongly TOTAL Don't Know Support Support SUPPORT Oppose Oppose OPPOSE In summary, it is evident that Tigard residents are sympathetic to the need for strong roads and financial support for a maintenance program that is funded above and beyond existing means of supporting infrastructure. However, given the current economic state, Tigard residents are unlikely to support more than a nominal fee increase on both residences and businesses, and even more likely to strongly oppose any significant increase imposed on Tigard's business community. Executive Summary November 20, 2009 3 Agenda Item # Meeting Date COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon December 8, 2009 Issue/Agenda Title Conduct the Public Meetil and Consider the Ordinance Wididrawin Pro et-ty from Tualatin Valley Water District (I=) Prepared By: Dennis Koellermeier Dept Head Approval: City Mgt Approval: 10 ISSUE BEFORE THE COUNCIL Shall the City approve the ordinance to withdraw territory from the Tualatin Valley Water District? STAFF RECOMMENDATION Council should conduct the public hearing and consider the attached ordinance to withdraw territory from the Tualatin Valley Water District. KEY FACTS AND INFORMATION SUMMARY Council discussed this item at die November 17, 2009, Council meeting. History: • This area (see map), -%vl-ile located in the Tualatin Valley Water District boundary, was served by the Tigard Water District due to service pressure and flow issues at the time of original development in 1973. • That decision was memorialized in an agreement between Tigard Water District and Metzger Water District. Since that time this area has been taken over by die City of Tigard, and the Tualatin Valley Water District was created from a merger of several districts, including die Metzger Water District. This "house-keeping" administrative action is based on the following: • City and District staff agree to clarify the boundary. • The City Attorney's office has advised staff that using the "withdrawal of territory" process as described in ORS 222.520 is appropriate for Tigard to use for this situation. • The proposed area for withdrawal is currently wid-in the City and is served municipal water by die Tigard Public Works Department. • This area has not received any services from Tualatin Valley Water District (TVWD) since 1973. • This action is proposed to correct the legal description of the area and clarify the existing water utility service boundary. • TVWD Board approved the recommendation to take action to clarify this boundary on September 9, 2009. • There is no impact to any residents or customers of the City or TVWD through this action. OTHER ALTERNATIVES CONSIDERED Cowicil could choose to not adopt die ordinance to withdraw territory from the TVWD. The City will continue to provide water service to this area. CITY COUNCIL GOALS None ATTACHMENT LIST 1) Ordinance withdrawing territory from the Tualatin Valley Water Disttict subsequent to annexation to the City of Tigard including Exhibits A, B-1 and B-2 FISCAL NOTES There is a small cost in administrative and legal fees associated wid-i executing the ordinance. There is no fiscal impact to the City. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09- AN ORDINANCE WITHDRAWING TERRITORY FROM THE TUALATIN VALLEY WATER DISTRICT SUBSEQUENT TO ANNEXATION TO THE CITY OF TIGARD WHEREAS, from 1967 to 1976, the City annexed into the City of Tigard the tracts of land described in Exhibits A, B-1 and B-2, attached hereto and hereby incorporated by reference and depicted on the attached map; and WHEREAS the tracts of land described in Exhibits A, B-1 and B-2 were not withdrawn from the Tualatin Valley Water District at the time of annexation (10/11/67 through 1/2176) or at any subsequent time; and WHEREAS, the City desires to withdraw from the Tualatin Valley Water District the tracts of land described in Exhibits A, B-1 and B-2; and WHEREAS the City currently provides all services to the tracts of land described in Exhibits A, B-1 and B-2; and WHEREAS the City and District both recognize the need to provide legal clarification of the existing service area boundaries, annexations, and any prior agreements known and unknown between the two parties through the action of formal withdrawal; and WHEREAS, ORS 222.520 provides that such withdrawals may be processed at any time after annexation to the City; and WHEREAS, on the 26th day of November, 2009, and 3rd day of December, 2009, the City published and posted Notices of Hearing as required by ORS 222.524(2); and WHEREAS, on the 8"' day of December, 2009, the City held a hearing as required by ORS 222.524(1) for the purpose of hearing objections to the withdrawal and determining whether such withdrawal is in the best interest of the City; now, therefore, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The tracts of land described in Exhibits A, B-1 and B-2 depicted on the attached map, are declared to be withdrawn from the Tualatin Valley Water District. SECTION 2: The City Recorder shall immediately file a certified copy of this Ordinance with Metro and other agencies required by Metro Code. SECTION 3: This ordinance shall be effective on the day of , 2009, as provided by ORS 222.465. Page 1- ORDINANCE NO PASSED: By vote of all Council members present after being read by number and title only, this day of , 2009. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2009. Approved as to form: Craig Dirksen, Mayor Tim Ramis, City Attorney Date Page 2 - ORDINANCE NO Exhibit A Tualatin Valley Water District Served by City of Tigard EXHIBIT B-'1 l Oro.; 67-fif f E0-1l~ 67 ) ORD. 68.2 a N N "7UH 5T ~ ; ~ i 4 2 8.e I a f3 . ee a.C.34 [Il'~- 0) ( 70) i r w i (3 38 10RD. 68-59 8~~9) (it-8-68) i~II ~ p-v rkr}~1 ORD. 67-34 s; ~x s4s ~h(-7 ~fa p: y - r ~ 5 67-54 1-57) uz z ORD. 6G-1(3 S'~~ I~~Ei 6J 0+577 •i:l ' a,p~t s~.o0 ORD, 67-3+! V151. Eta IS-it-67) ~ Es •fl 7-170.00 HG_ 28 ORD. 6B-68 I F71-6-BH3 D.C.358 ( 5-24-7a) R. ORR. s8-3I 1 C6-?- 6 EXHIBIT B-2 zy ORD. se••Bt _ S . E. lE I {5-E3-68}f~^9 Z) (9 -2 1 p ~ t3.c. Bat ini x 1 ORD. 6 " ! ' .r r 3~N '24-696 rig ~j' y A +j',. i•,, fit 11 t- -.a+ rw,- , r 1 1 c , V:7"irL'e7~ i 2~ ? ! his ~ - f V a sz 667 k ` ~ ~ Lars st•~ iayir:~w' - '4" 4 ~ f7 R1?'' s-r i 7t F h M 'IiJ'q ~ h Ali ~;.,~~.}a ~t•~7 v I-T n El. AGENDA ITEM No. 7 Date: December 8, 2009 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AN ORDINANCE WITHDRAWING PROPERTY FROM THE TUALATIN VALLEY WATER DISTRICT {TVWD) Due to Time Constraints City Council May Impose A Time Limit on Testimony Testimony Time Limit: 5 m-inu-tes per person AGENDA ITEM No. 7 Date: December S, 2009 PLEASE PRINT PrnnnnPnt- NnPA-inv Tn Favnr) Orm,nnent- (SneakingAuainst) NeutraI Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone Na. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda. Item # Meeting Date 12/8/09 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Provide Update on 2010 Februata Special Legislative Session Prepared By: Kent Wyatt _ Dept Head Approval: City Mgr Approval ISSUE BEFORE THE COUNCIL Formalize the City's Legislative priorities for the 2010 Legislative Session. STAFF RECOMMENDATION Review legislative priorities identified by the League of Oregon Cities and priorities suggested by staff. KEY FACTS AND INFORMATION SUMMARY The Oregon Legislature will convene for a month long session in February 2010. Each legislator has one priority bill that they can introduce. The outcome of Measures 66 and 67 will impact the time available to discuss non-budgetary matters. Measures 66 and 67 are two ballot referendums on the January 26, 2010 special election ballot, which propose tax increases on corporations and on wealthy individuals and households to help balance the state's budget The League of Oregon Cities and city staff has identified preemption of local revenue sources as the main legislative priority. If the tax increases are defeated, a $700 million shortfall will exist in the budget. State shared revenues that assist cities in providing basic services are a likely source to compensate for the lost revenue. Tigard depends on state shared revenues from liquor, cigarette, and 9-1-1 telecommunications. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GoALS N/A ATTACHMENT LIST N/A. FISCAL NOTES N/A 7 Agenda Item # Meeting Date December S, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider Tigard Municipal Code Amendinents Reflecting Senate Bill 915 Requirements for Civil Penalties for Building Code Violations Prepared By: Mark VanDomeleEn Dept f lead Approval: lam/ i~J Cih, \Igr :approval: ISSUE BEFORE THE COUNCIL Shall the Council approve an ordinance to amend the Tigard Municipal Code (TMC) reflecting Senate Bill 915 (SB915) requirements for civil penalties for building code violations? STAFF RECOMMENDATION Approve the ordinance ainending the TMC to comply with the requirements of SB915. KEY FACTS AND INFORMATION SUMMARY New legislation, which is effective January 1, 2010, requires an administrative, rather than judicial, process to challenge civil penalties for building code violations. Council is asked to adopt an ordinance to amend the TMC aligning it with the new legislative requirements. The City Attorney's office has dLafted the ordinance to amend the TMC and has worked with the League of Oregon Cities to achieve consistency in the way the new process will be administered throughout the state. The ordinance has an e;nergency clause because the required January 1st effective date is less than 30 days from the anticipated adoption date. There are no direct costs associated with this recommendation. Any additional staff tine required for this new administrative process iuill be covered by currently budgeted staff. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed ordinance to amend the TMC reflecting Senate Bill 915 (SB915) requirements for civil penalties for building code violations. Attachment 2: Senate Bill 915 FISCAL NOTES N/A L•\LRPI.N\Council Alaterials\2009\ 13-A-09 A]5-Cunsidur'YNIC Amendments ]tefleet.ing Senate Bill 915 Requiremernrs for Civil Penalties for Building Code Violations.docs ATTACHMENT 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09- AN ORDINANCE TO ADOPT VIOLATION PROCEDURES AND REMEDIES FOR THE BUILDING CODE ORDINANCE, AMENDING SECTION 14.04.090 OF THE TIGARD CODE AND ADOPTING NEW PROCEDURAL SECTIONS, 14.04.095 AND 14.04.098 WHEREAS, City of Tigard, Oregon, administers specialty codes and building requirements adopted by die state; and WHER 1AS, Senate Bill 915, passed by die state legislature in 2009, amends provisions with respect to the enforcement of the building code; and WHEREAS, the legislature found that enforcement of die state building code irn a fair, equitable and uniform manner throughout the state was a matter of statewide concern. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 14.04.090 of die Tigard Municipal Code is Hereby amended to read as follows: (underlined words to be added, words stricken-through to be deleted) "14.04.090 Violation--Penalty--Remedies. 1. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, occupy or maintain a building or structure in the City, or cause the same to be done contrary to or in violation of this chapter. 2. No person shall install, alter, replace, improve, convert, equip or maintain any mechanical equipment or svsterm in the City, or cause the same to be done contrary to or uh violation to this chapter. 3. No person shall install, alter, replace, improve, convert, equip or rmaintam any plumbing or drauiage piping work or any fixture or water heating or treating equipment in the City, or cause the same to be done contrary to or in violation of this chapter. 4. No person shall install, alter, replace, improve, convert, equip or maintain any electrical equipment or system in the City, or cause the same to be done contrary to or in violation of this chapter. 5. Violation of a provision of this Chapter shall be subject to an administrative civil penalty of not more than S5,000.00 for each offense or, in the case of a continum offense not more than S1,000 for each day of the offense and shall be processed in accordance with the procedures set fords in Section 14.04.095. d G ss e 5, svu++++iu._.uva+..++ u++»++ lu a 1SZltl L4i L-v11suLULt.s a . ORDINANCE No. 09- Page 1 b. Each day that a violation of a provision of this chapter exists constitutes a separate violation. 7. Notwithstanding die other renedies in this chapter, if the Building Official determines dint any building under construction, mechanical work, electrical work, or plumbing work on any building or any structure poses an immediate threat to the public health, safety or welfare, he may order the work halted and the building or structure vacated pending further action by the City and its legal counsel. 8. The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available under City ordinance or state statute, except that violations of this Chapter shall not be charged as civil H'Ifractions and prosecuted in Tigard Municipal Court." SECTION 2: A new section, 14.04.095, is hereby adopted. Section 14.04.095 shall read as follows: "14.04.095 BuildinLy Official - Authority to Impose Administrative Civil Penalty. 1. In addition to, and not in lieu of, any other enforcement mechanism authorized by this code upon a detennination by the building official that a person has violated a 12rovision of this Chapter or a rule ado ted thereunder, the butildin official may un pose upon the violator and/or anv other responsible person an administrative civil penalty as provided by subsections (1 to (12) of this section. For purposes of this subsectiona responsible person includes the violator, and if the violator is not the owner of die building or property at which the violation occurs may include die owner as well. 2. Prior to imposing an administrative civil penalty under this section, the buuildii~ official shall pursue reasonable attempts to secure voluntaiv correction, failing which the building official may issue a notice of civil violation to one or more of the responsible persons to correct the violation. Except where the building official determines that the violation poses an iininedinte threat to health, safety, environment, or public welfare, the time for correction shall be not less than five calendar davs. 3. Following the date or time by which the correction must be completed as required by an order to correct a violation, the building official shall determine whether such correction has been completed. If die required correction has not been completed b the date or tunespecified in the order, the building official may issue a notice of civil violation to each Person to whom an order to correct was issued. 4. Notwitlhstandin subsection 2 above the building official may itn ose a civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction where die buildup official determines that the violation was knowing o intentional or a repeat of a similar violation. 5. In imposing a penalty authorized by this section, the building official shall consider: a. The person's past history in taking all feasible steles or procedures necessary or appropriate to correct the violation; b. Any 12rior violations of statutes rules orders and permits; ORDINANCE No. 09- Page 2 c The gravi", and magnitude of the violation; d Whether d1e violation was repeated or continuous; e. Whether the cause of the violation was an unavoidable accident ne li once or an intentional act; f. The violator's cooperativeness and efforts to correct the violation-, and g. Any relevant rule of the building official. 6. The notice of civil penal", shall eidher be seii ed by personal service or shall be sent by registered or certified snail and by first class mail. Anv such notice served by nail shall be deemed received for purposes of any time com utadons hereunder three days after the date mailed if to an address within this state and seven days after the date mailed if to an address outside this state. A notice of civil malty, shall include: a. A description of die alleged violation includin any relevant code provision numbers ordinance numbers or other identif in references; b. A statement that the Citcl intends to assess a civil enalty for the violation and states the amount of the civil penalty, c. A statement that the arty may challen e die assessment of a civil penalty, and d. A description of die means and the deadline for informin the City that the arty is challenging die assessment of the civil penalty. 7. Any person who is issued a notice of civil penal", may a eal the enalta to dhe Cite Manager or City Manager's designee. The City Manager's desi pee shall not be the building official or bt ldinpector The provisions of Section 14.04.098 of this code shall govern any requested hearing, except that the burden of roof shall be on the bL~ldi ng offic 8. A civil enalty imposed hereunder shall become final upon ex iradon of the tune for flung an appeal, unless the responsible person appeals the malty to the City Manager or City Mana er's desi lee pursuant to and widhin the time limits established by Section 14.04.098. If the responsible person appeals the civil penalty to the Citv Manager or Cin, Manager's desi pee d-ie penalty shall become final if at all: upon issuance of the City Manager or City Manager's desi ee's decision affirihhin the im position of the administrative civil lpenalty. 9. Each dav the violator fails to temedv the code violation shall constitute a separate violation. 10. Failure to pay a penalty imposed hereunder within ten davs after the penalty becomes final as lprovided ill subsection (8) shall constitute a violation of diis code. Each day the penalty is not paid shall constitute a separate violation. The building official also is authorized to collect the penalty by any administrative or 'udicial action or ORDINANCE No. 09- Page 3 proceeding authorized by subsection (11) below, other provisions of this code, or state statutes. The civil penalty, authorized by this section shall be in addition to: a. Assessments or fees for any costs incurred Uv the Citv in remediation, cleanup, or abatement, and b. Any other actions authorized by law. 11. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real pro_percv, and the penalty remains unpaid 30 days after such penalty become final, the building official shall assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the docket of Ci", liens. At the time such an assessment is made the building official shall notify the responsible person that die penalty has been assessed against the real property upon which the violation occurred and has been entered in the docket of Citv liens. The lien shall be enforced ui the same manner as liens established by judgment of a Hearings Officer pursuant to Section 1. 16.370 of this code except that the building official shall be substituted for the Bearings Officer and a civil penalty shall be substituted fora judgment. The interest shall commence from the date of enu of the lien in the lien docket. 12. In addition to enforcement mechanisms authorized elsewhere in tlus code, fail Lre to nay an administrative civil penalty unposed pursuant to subsection (1) of this section shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy. SECTION 3: A new section, 14.04.098 hereby adopted. Section 14.04.095 shall read as follows: "14.04.098 Appeal Procedures. 1. A person aggrieved by an achnuustrative action of the building official taken pursuant to a section of this code authorizin an a eat under this section inav, within 20 days after the date of notice of the action, appeal in writing to the building official. The anneal shall be accompanied by an appeal fee as established by the Cin, and shall state: a. The name and address of the appellant; b. The nature of the deteriilu'iation being appealed; c. The reason the deternnation is incorrect: and d. What the correct determination of the appeal should he. An appellant who fails to file such a statement within the time permitted waives die objections, and the appeal shaU be dismissed. Except as provided in subsection (5) of ORDINANCE No. 09- Page 4 this section, the appeal fee is not refundable. 2. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until fugal determination of the appeal. Notwi lastancliiig this paragraph, an emergencv suspension shall take effect upon issuance of, or such other tune stated in, the notice of suspension. 3. Unless the appellant and the City agree to a longer period, an appeal shall be heard by the City Manager or Citv Manager's designee within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the City shall mail notice of the time and location thereof to d-le appellant. 4. The Citv Manager or City Manager's desiglee shall hear and determine the appeal on the basis of the a)ellant's written statement and any additional evidence the City Manager or City Manager's designee deems appropriate. At the hearing, the appellant may resent testiinonv and oral ar uinent personally or by counsel. The roles of evidence as used by courts of law do not apply. 5. The City Manager or City Manager's designee shall issue a written decision within 10 days of the hearing date. The decision of the City Manager or City Manager's designee after the hearing is final and may include a determination that the appeal fee be refunded to the applicpon a finding by the City Manager or City Manager's designee that the appeal was not frivolous." PASSED: By vote of all Council members present after being read by number and title only, this day of , 2009. Cadierine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 12009. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 09- Page 5 ATTACHMENT 2 75th OREGON LEGISLA'T'IVE ASSEMBLY--2009 Regular Session Enrolled. Senate Bill 915 Sponsored by Senator MORSE CHAPTER AN ACT Relating to the regulation of structures. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 455. SECTION 2. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern. (2) If a municipality administers a building inspection program under ORS 455.148 or 455.150, a monetary penalty assessed under the program for a violation must be assessed as a civil penalty. This subsection does not prohibit a municipality from charging a violator an increased permit fee or investigative fee, seeking injunctive relief from a violation or taking any enforcement action that does not include a monetary penalty. This subsection does not limit the terms or conditions of any voluntary agreement for the resolution of a violation. (3) A municipality may not assess a civil penalty for a violation under a building in- spection program unless the municipality provides to the party that is subject to the civil penalty: (a) Notice that: (A) Describes the alleged violation, including any relevant code provision numbers, ordi- nance numbers or other identifying references; (B) States that the municipality intends to assess a civil penalty for the violation and states the amount of the civil penalty; (C) States that the party may challenge the assessment of a civil penalty; and (D) Describes the means and the deadline for informing the municipality that the party is challenging the assessment of the civil penalty; and (b) A municipal administrative process other than a judicial proceeding in a court of law, that affords the party an opportunity to challenge the civil penalty assessment before an individual, department or body that is other than the municipality's building inspector or building official. (4) If the municipality assesses a civil penalty for a violation under a building inspection program, the amount of the civil penalty assessed for the violation may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.695. (5) The costs incurred by a municipality in providing notice and administrative process under this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. Enrolled Senate Bill 915 (SB 915-A) Page 1 SECTION 3. Section 2 of this 2009 Act applies to a civil penalty assessed on or after the effective date of this 2009 Act for a violation occurring before, on or after the effective date of this 2009 Act. Passed by Senate May 4, 2009 Received by Governor: ............M . 2009 Secretary of Senate Approved: M............................................................ 2009 President of Senate Passed by House June 2, 2009 Speaker of House Governor Piled in Office of Secretary of State: m..................... 2009 Secretary of State Enrolled Senate Bill 915 (SB 915-A) Page 2