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City Council Packet - 05/25/2010 a C TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING May 25, 2010 COUNCIL MEETING WILL BE TELEVISED I: \Ofs\Donna \Ccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov Revised May 19, 2010: Moved Agenda Item No. 3.2- Direct Staff to submit Tigard Town Center Boundary Expansion off of the Consent Agenda for separate consideration, renumbered as Agenda Item No. 7. Revised May 24, 2010: Agenda Items No. 7 and No. 6 were reversed. Revised May 25, Added Study Session after the Business Meeting +,4 � rr City of Tigard G AR[)' �� ;T.(' Tigard Business Meeting - Agenda TIGARD CITY COUNCIL /LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE: May 25, 2010 — 6:30 p.m. Study Session; 7:30 pm. Business Meeting 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.a!enda items can be heard in an r order after 7:30 ..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 Deal). 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 (MD - Telecommunications Devices for the Deaf). SEE Al 'ACHED AGENDA 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. TIGARD CITY COUNCIL- May 25, 2010 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503 -639 -4171 www.tigard- or.gov Page 1 of 5 s . ' City of TigaIrd Tigard Business Meeting - Agenda TftArRD; TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: May 25, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION • Update on Englewood Neighborhood /Oxford House o Community Development Department • Administrative Items • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed, under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 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 Added Study Session to convene after the conclusion of tonight's business meeting. See Agenda Item No. 11. 2. CITIZEN COMMUNICATION (Two Minutes or Less Please) • Follow -up to Previous Citizen Communication • Citizen Communications Sign Up Sheet TIGARD CITY COUNCIL— May 25, 2010 City of Tigard 1 13125 SW HalfBlvd., Tigard, OR 97223 1 503= 639 -4171 I www.tigard- or.gov 1 Page 2 of 5 7 :40 Pill 3. CONSENT AGENDA: (Tigard City Council) 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: 3.1 Approve City Council - Meeting Minutes for February- 23, 2010 3.2 Approve IGA with Washington County Accepting Grant Funds to Finance the Knoll n Tigard Sidewalk and Improvements • Consent Agenda - Items Removed far Separate Discussion: Any items requested lo he removed from the Consent Agenda far separate discussion will be considered immediately after the Council/Local Contract Review Board/ City Center Development Agency has voted on those items which do not heed discussion. 7:45 PM 4. APPROVAL OF HERITAGE TREE NOMINATIONS • Community Development Department 8:00 PM 5. CONTINUATION (FROM MAY 11, 2010) OF INFORMATIONAL PUBLIC HEARING — FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 45 (SW HOODVIEW) a. Open Public Hearing b. Review Hearing Procedures — City Attorney c. Declarations or Challenges d. Staff Report: Community Development Department e. Public Testimony f. Staff Recomrnendadon g. Council Discussion h: Close Public Hearing i. City Council Consideration: Resolution No. 10 -23 Council Member: I move for adoption of Resolution No. 10 -23 Council Member: 1 second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: RESOLUTION NO. 10-23 A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 45 (SW HOOD VIEW DRIVE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 09 -56. TIGARD CITY COUNCIL— May 25, 2010 City of Tigard 13125',SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 www. tigard- or.gov 1 Page 3 of 5 Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -23, please say "aye." Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -23 please say "nay." Mayor /Councilors Mayor: Resolution No. 10 -23 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes = failure to pass. 8:15 PM 6. DIRECT STAFF TO SUBMIT`1IGARD TOWN CENTER' BOUNDARY EXPANSION • CommunityDevelopment Department Council Member: I move for adoption of Resolution No. 10 -24 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: RESOLUTION NO. 10 -24 A RESOLUTION SUPPORTING THE SUBMI1 IAL OF A BOUNDARY CHANGE PROPOSAL TO METRO FOR THE TIGARD TOWN CENTER Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -24, please say " Mayor/Councilors Mayor: All those opposed-to adopting Resolution No. 10 -24, please say "nay." Mayor /Councilors TIGARD CITY COUNCIL— May 25, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 I www.tigard- or.gov Page 4 of 5 Mayor: Resolution No. 10 -24 (is 'Adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes = failure to pass. 8:35 PM 7. UPDATE FROM MAYOR AND CITY COUNCIL ON NATIONAL LEAGUE OF CITIES CONFERENCE 8:55 I'M 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. - EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to older, the•appropriate ORS citation Will be announced identifying the applicable statute. All discussions are.confidential and those present may disclose nothing from the Session. Representatives of the news media are.allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for'the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:00 I'M 11. STUDY SESSION • Planning Commission Membership Issue -- Determine if Ciry Council Wants to Take Action o Staff Report: Community Development Department 9:20 PM 12. ADJOURNMENT I :A ADM VCATHY.ACCAA2010A100525REV 3.doc TIGARD CITY COUNCIL— May 25, 2010 City of Tigard 13125-SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 www.tigard- or.gov Page 5 of 5 ':r :4 C ity of Tigard R 2,'i = M Study Session - Agenda ltIGARD• TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD'(LCRB) MEETING DATE /TIME: May 25, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION o Update on Englewood Neighborhood /Oxford House ✓ Community Development - Department o Administrative Items ✓ Added Agenda Item No. 11 — Study Session • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed, under ORS 192.660(2)(h). All, discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or snaking any final decision. Executive Sessions are closed to the public. Council Calendar: May 31 Monday Memorial Day Holiday — City Offices Closed June 8 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall 15 Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 22 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall TIGARD CITY-COUNCIL STUDY SESSION AGENDA — May 11, 2010 City of Tigard 13125'SW I^Iall BISd.,Tigard, OR 97223 1 503- 639 -4171 i www.ugard- or.gov Executive Session — The Public Meetings Law authorizes governing bodies to meet in executive session•in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting -or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staffofa 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) (0 - 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) - Trade negotiations — involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel — for consultation with counsel.concerning legal rights and duties regarding current litigation or.litigation Likely to be filed. 192.660 (2) (i) - To:review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment - related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be Used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments — to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. I:\ADM \CATHY \CCA SS - PINK SHEET \2010 \100511.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA.— May 11, 2010 Citv of Tigard 1 13125 SW Hall ; Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard- or:gov � "3t" aCtS mnr_dau_e D S SQ s�.L; u - y 5. as, i 0 - From: Rex Caffall [mailto:rcaffall @caffall- Ilc.com] Sent: Friday, May 21, 2010 7:38 AM To: Richard Shavey; Doreen Laughlin; Anderson, Tom; Doherty, Margaret; Donald Schmidt; Fishel, Karen; Hasman, Stuart; Jeremy Vermilyea; Matt Muldoon's 2nd e-mail; Muldoon, Matthew; Tim Gaschke; Walsh, David Cc: Judith Gray; Darren Wyss Subject RE: Priorities for Workshop #3 Sorry to have missed the last couple of meetings and even more sorry after reading this e-mail. My guess is this guy was not around when the majority of the citizenry who live in the Ash neighborhood came to a city hall meeting with pitchforks and torches the last time the idea was broached over completing a bridge over Fanno Creek or that he is even aware of the environmental organizations who were vehemently opposed to such a crossing. I will gladly provide the tar and rope to assist Mr. Shavey in his suicide on this one. My guess is it will be a rather warm meeting when next these issues are brought to the front burner. As a resident of the Ash neighborhood myself, I will have to recues myself when and if this comes during my term in office. Most likely while that meeting is going on I will be out flattening the tires on Richards car my self. In the mean time I am going to go out and acquire the largest meanest dog I can find and walk it by Richards home every day and with out a scoop or bag. I have made copies of this e-mail and am sending it along to every one in the neighborhood who are under the impression form that town hall meeting a number of years ago that the issues of both the Walnut extension and the crossing of Fanno Creek were dead. My guess is they to will not be happy campers and may have a message or two they would like to pass along to counsel and any one else who is so foolhardy as to believe any of this will fly. How could we better screw up what use to be a nice quiet little place to live. My guess is if it has not done anything for the last 20years it aint going to do a lot more in the next 20 so up the revolution and look out for large dogs in your yard© Yes Richard I know I should take my meds regularly and quite possibility consider moving further out in the country and hope I will die before civilization expands that far out. In the mean time buy a large shovel and never park your car in dark places. See you all at the June meeting "that aught to be interesting!" • From: Walsh, David •Sent:Tuesday, May 25, 2010 6 :13,AM To: Caffall, Re* • Cc: Jeremy Vermilyea; Ron Bunch Subject: Planning Commission Rex, 1 am writing to foliowup on our phone conversation from lastTweek regarding the email that you sent to the Planning Commission on May 21, 2010 sharing your opinions.about the May 17, 2010 email sent to the Commissioners by CommissionerShavey. As I stated on'the phone, I was disappointed with the tone and language in the email and stiltfeel that it was an unprofessional and unacceptable attack on Commissioner Shavey. Further, the email contains threatsto Commissioner Shavey that are .disguised in what appears to by cynical humor but are nevertheless; threats. As President of the Planning Commission, 1 cannot tolerate any form of threats made by lPlanning Commissioner to anyone. I believe the City Council would likely concur with this "zerotolerance" perspective around the use of threatening language •or behavior. I have asked •youto apologize to Commissioner Shavey, and to the Planning Commission and you stated that you:would not apologize: This further disappoints me. Lastly I have reviewed your attendance at recent meetings and find that you have missed 5 of the seven meetings held in 2010 which brings me to question yourcurrent commitment to the Planning Commission. Givenwhat I view as the unprofessional way you have addressed the Planning Commission and your poor attendance in 2010, I ask that your resign from the TigardtPlanning Commission effective immediately. You.may state any reason you wish for your resignation. Please submit your resignation to Mayor Craig.Dirksen at Craigdt tigard- or.qov by Tuesday, June 1, 2010. Thank you David F. Walsh President Tigard Planning Commission • David F. Walsh Energy, Power & Utilities Manager SP Newsprint Co. 1301 Wynooski St. Newberg, OR 97132 503:537.6368 Fax: 503.537.6263 Procedure - -: Consideration of Removal of a Planning Commissioner .Legal Counsellprocedure recommendation: 1. Study Session discussion on May 25 to reeiew whether to proceed with hearing for consideration of removal of a Planning Commissioner: Council direction needed: a. Whether, to proceed. b. When to schedule hearing; i.e., a special meeting or at a regular City Council meeting. c. Should there be a meeting of the Mayor's Appointment Advisor) Committee, Staff Liaison and the .affected Planning Commissioner, with a recommendation coming from the Mayor's Appointment Advisory Committee (see 2 a. below) 2. Due process for removal of a Planning Commissioner: a. City Council is the decision maker (final appointing authority) on appointment /reinoval of a Planning Commissioner. City Council can ask that additional process- be held by requesting, the Mayor's Appointment Advisory Committee meet with the Planning Commissioner and make a recommendation to the City Council. b. Hearing must be before the City Council with Planning Commissioner present. Can be held as an Exec Session unless Commissioner requests open hearing. 192.660(2)b) c. City Council, by motion, finds whether to remove or not the Planning Commissioner. Authority: TMC 2.08.030 A member of the commission may be removed by the appointing authority, after hearing, for misconduct or non perJbrmance of duty. (Ord. 92 -35) Council groundrules — re: appointment authority • The Mayor shall appoint the committees provided by the Rules of Council (rulesJor Planning Commission appointment— 00-61-4 Resolution No. 00 -61 -A (How - appointment is made... "appointing authority ") Officials needed for the Planning Commission appointment • Mayor and Councilor .serving on the Mayor's Appointment Advisory Committee, considering the recommendations of the staff liaison. • The Mayor's Appointment Advisory Committee makes a recommendation to the full City Council. Charter POWERS AND DUTIES OF OFFICERS Section 20. Mayor. The Mayor shall appoint the committees provided by the rules of the Council. The Mayor shall sign all approved records of proceedings of the Council and countersign all orders on the treasury. The Mayor shall have no veto power and shall authenticate by signature all ordinances passed by the Council after being enacted. After the Council approges •a bond of a City Officer or a bond for a license, contract, or proposal, the Mayor shall authenticate the bond by endorsement thereon. (Measure 55, November.5, 1985 election). ivouwnfvPR OJ FC,,,oew. ,l o Planning Cornmissioneedocx AGENDA ITEM NO. 2 - CITIZEN COMMUNICATION DATE: May 25, 2010 (Linitedto 2minutes or Less, please) The Council wishes to hear from you on other issues not pn 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 .ofthe public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds,•if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION Agenda Item # ' Meeting May 25, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Knoll. StreerCommunity Dv Block Grant Intergovernmental Agreement Prepared By: Duane Roberts Dept Head - Approval: ' ✓ City Mgr Approval: ISSUE BEFORE THE COUNCIL Should Council approve an Intergovernmental Agreement (IGA) with Washington County accepting $425,000 in Community Development Block Grant:(CDBG) dollars to partially fund required sidewalk and related public improvements on three sides of The Knoll @ Tigard senior housing project? STAFF RECOMMENDATION Authorize the Mayor to sign the IGA. KEY FACTS AND INFORMATION SUMMARY At its September 22, 2009 meeting, Council adopted a resolution authorizing staff to submit a request for CDBG funds to :finance sidewalk and related improvements within the -public rights -of -Way of the three streets bordering The Knoll @ Tigard. The three are Hall Boulevard, Hunziker Street, and Knoll Drive. The City's project proposal subsequently was recommended for full funding by the Policy Action Board of the Washington County Community Development Program. A required IGA accepting the grant funds is attached. The proposedimprovements meet the development approval conditions. for the Knoll @ Tigard senior housing project. The - sidewalk in -fill also will help enhance neighborhood character and livability. A companion Memorandum of Understanding (MOU) with Community Partners for Affordable Housing (CPAH) that provides for the'pass through of the grant dollars to CPAH for the design:and construction of the improvements is scheduled for June 8, 2010, Council review -and approval. OTHER - ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal No. 2: Implement Downtown Urban Renewal. The senior housing project is located within the urban renewal area and may activate other development within the area. 1 I: \LRPI_K \Council \4umals \2010 \5-2510 IS Knoll Sueet COBO IGA.doc ATTACHMENT'LIST Attachment 1: IGA Accepting CDBG Funds FISCAL NOTES The City has been awarded $425;000.for sidewalk and traffic signal improvements. The local in -kind contribution will include CPAH cash plus.design and construction management services. As detailed in the companion City /CPAH MOU, •scheduled for June 8` Council review and approval, no City hard dollars are involved in the project, and CPAH will assume legal responsibility for carrying out the work and for following federal and local rules and. regulations. 2 I:A LAPIN ACouncil Materials \2010A 25-10 AIS Knoll Street CDBG IGAdoc } WASHINGTON COUNTY OREGON May 6, 2010 Mayor Craig Dirksen City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Subject: CDBG Project: #2128, City of Tigard, The Knoll Infrastructure Improvements Dear Mayor Dirksen: Enclosed are three copies of the above - referenced agreement. This is our standard boilerplate agreement and incorporates information that you sent us for the exhibits. Please check these over and have the appropriate person(s) sign each Agreement on page 2. Then return the agreements to this office as soon as possible to have them placed on the Board of County Commissioners' agenda. Once the contracting process is completed and we finish the environmental review for the project, we will send you a letter that will be your "Notice to Proceed." You should not incur any costs for the project until you receive this notification. Sincerely, Pegg . Linden, Program Manager Office o Community Development Enclosures cc: Craig Prosser Duane Roberts S \Con -10 \2128 Tgrd Office of Community Development 328 West Main Street. Suite 100, MS 7, Hillsboro, OR 97123 -3967 phone: (503) 846 -8814 • fax: (503) 846 -2882 1. Agenda Item # Meeting Date May 25, 2010 COUNCIL AGENDA.ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Approval of Heritage Tree Nominations Prepared By: Todd Prayer Dept Head Approval: gfr City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall City Council approve Heritage Tree status for two trees (bigleaf maple and red oak) at 10380 SW Canterbury Lane? -STAFF RECOMMENDATION Approve Heritage Tree status for both trees. KEY FACTS AND INFORMATION SUMMARY On January 6, 2010, Paul Miller, property'owner of 10380 SW Canterbury Lane, submitted a Heritage Tree nomination form for two trees ( bigleaf maple and red oak) on.his property. On 8,2010 the Tree Board unanimously voted to approve both trees for Heritage Tree status based on..their horticultural quality and placement in an area of historic importance (near the John Tigard House). Section 9.08.030 of the Tigard Municipal Code requires City Council approval for the designation to be complete. OTHER ALTERNATIVES CONSIDERED Not approve Heritage Tree statusjor.one. or both trees. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Photos of bigleaf maple andred oak Attachinent.2: Staff report presented by the City Arborist to the Tree Board on March 8, 2010 Attachment 3: Excerpts from March 8, 2010 Tree Board meeting minutes regarding Heritage Tree approval Attachment 4: Heritage Tree Designation and Preservation Agreement (to be signed by the Mayor upon approval) Attachment 5: Declaration of Restrictive Covenant (to be signed by the Mayor upon approval) FISCAL NOTES N/A Attachment 1 Trees at 10380 SW Canterbury 4 -29 -10 (leafing out) .. ,- , ., • . _ t F 4.1 . . '� ' -�-♦ .. ' fry •. .... � . t i i w''L �... xl� 11' x° Y. rig «• s: �f'V.,� « r .. • • Y }Y . 3 • . ....... i_..s r .„... , ". *L.., .. ."......_.; __ 4 . , , O ttt t , I * • � � � l i j. f • tl as: L LA ' '� ts s /), 1 it't- � 1 € "� �i� ' ' ' $ 4e' e • • � L11 ) � u ' 111 1111 lir - : - q� - Red Oak -_ Maple �. , • Attachment 1 Trees at 10380 SW Canterbury 0 • iiip 44.11conviiiP...-411mr Bigleaf Maple ---. Red Oak fi. 0 „, q jor- . - te r : ^ 3 - `S I T •. id,'" 11) _ • y • ; '.,. �, �. � *i } . �_..K 4i • '' `, -. I i John Tigard House 6. F • • :� , - , • :,. d M , 1. ,. • - # .t ;� Ai'* • • r. - . .r. ` _ - p, . ! .` , J _ - '' p. -�. _ , r ..� f' f _' . „ r e 1 _ . , . ice t t r a� � '4r , f . . 4 7.• ia Attachment 2 IIII ': �, City of Tigard TI ARD M emorandum To: Members of the Tigard Tree Board From: Todd Prager, Associate Planner /Arborist Re: Heritage Tree Nominations Date: January 12, 2010 I. Introduction and Summary On January 6, 2010, I received a Heritage Tree Nomination Form from Paul Miller (Exhibit A) for one red oak (Quercus ruhra) and one bigleaf maple (Ater macrophyllum) located on his property at 10380 SW Canterbury Lane in Tigard. As required by Chapter 9.08 of the Tigard Municipal Code, I visually inspected the trees and prepared a report analyzing whether the trees comply with the requirements for Heritage Tree designation. After considering this report, and any testimony by interested persons, the Tree Board shall vote on the nominations. The vote shall be based on the appro6al criteria listed in section 9.08.030(3) of the Code. Based on my visual inspection, I found that th•red.oak tree meets the criteria for designation as a Heritage Tree due to its horticultural quality and placement in relation to an area of historic importance. Therefore, I recommend the,Board vote to approve Heritage Tree status for the•red oak. Although a high quality tree, I did- no•find that the bigleaf maple rises to, the status of a Heritage Tree. I recommend the Board vote to deny Heritage Tree designation for the bigleaf maple. II. Analysis The HeritageTree •approval criterion listed in section 9.08.030(3) consists of two main components which have been excerpted and addressed below. "(A) The tree or stand of trees is'of landmark importance due to age, Site, species, horticultural quality or historic importance;" In my opinion, the red,oak (Exhibit B) rises to landmark importance due to horticultural quality and location in an area of historic importance. As.an open grown tree, it has achieved an attractive, spreading .shape and,is nearly as wide ( -70 feet) as it is tall (-75 feet). The tree's diameter at breast height (DBH) is approxitriately27'inehes: It is located immediately adjacenttgan area of historic importance and provides a lush backdrop to the view of the John Tigard house (listed on the National Register of Historic Places). It is atso.clearly visible to the :public from the street and sidewalk, so when one visits the John Tigard House they could easily view the tree as well. While oaks are common ornamental species in Tigard, the specimen at 10380 SW Canterbury- is relatively large and old (approximately 50 years) when compared to others in the City. Red oaks area long lived species (average life span of 200 years, maximum 400 years'), so granting heritage status will provide added protection for generations to come. Page 1 of 2 Attachment 2 While the bigleaf maple,(Exhibit C) is a high.quality specimen; in my -view it does not rise to landmark importance. The.tree is not particularly ;old (approximately °50 years) or large (55 feet tall, 55 feet wide,.27 inch DBH) when;coinpared to,other bigleaf maples in Tigard. Being,a native species it is common in the City, especially forest stands. Because it'is an opengrown,tree it does have an attractive shape, although in my opinion not of "heritage" stature. It is furtherremoved from the John Tigard House, and does not lend the -same scenic backdrop as does the red oak. "(B) The tree. ir,not irreparably damaged, diseased, hazardous, or unsafe, or the applicant is willing to have the tree treated by an arbori rt and the treatment will alleviate the damage, disease or hazard:" Both trees: are not currently irreparably damaged, diseased, hazardous, or unsafe. Periodic future monitoring by the applicant's arborist will be necessary if either or both are designated as heritage trees to determine if there are any changes in.condition. III. Conclusion and Recommendation Thered oak located at 10380 SW Canterbury Lane is of high horticultural quality and provides an attractive backdrop to Tigard's most important historical site. Due to the combination of these factors, I find that the red oak meets the criteria for Heritage Tree designation and recommend that the Tree Board vote to approve Heritage status. The bigleaf maple at 10380 SW Canterbury Lane is a high quality specimen, but does not rise to the stature of a Heritage Tree due to size, species, horticultural quality, or historic importance. My recommendation is that the Tree.Bbard vote to deny Heritage status for the bigleaf maple. ATTACHMENTS: EXHIBIT.A; • Heritage•Tree Nomination Form and Supporting Documentation EXHIBIT B: Photos of the Red Oak EXHIBIT C: Photos of the Bigleaf Maple Virginia Tech College of Natural Resources. 2010. Virginia Big Tree Program. Accessed via the World Wide Web: < http:// www. cnr. vt:edu /4h /bigtree/T.reeAge.htm> onJanuary 11, 2010. Page 2 of 2 Attachment 2, Exhibit A • City of Tigard c. S COMMUNITY DEVELOPMENT nrt e Heritage Tree Nomination Form d wcvwnhnxc.x�..�nr tcs'..ss+n..aa .,ay.a 'm'.rsa°',wk s.a.senz.€t' ,a.:x �_.> • (Please supply as much information aass possible) NEIGHBORHOOD: g a .S' t ? r.r f �� Person nominating the tree: Property Owner (if other than nominator): I /iu / f Name Name ,�.(( r • _ s. r n 'e r6 t erms Address Address e r 2� y / 6 1 Phone (day) (eve) Phone (day) (eve) ce. /7- - /i -0y Si of Nominator Date Signature of Property Owner Date ru Fr 12FC C 1) Location (street address): ' / L 2) Private Property Public Property (park, parking strip, median, etc.) 2 3) Single Tree More than one (give number) 2 / tz- 4) Species or variety (sciendfic and/or common name): l J is /f r-/ n � M P l • (LI / l n rl w ✓) - 5) Historical Facts: j 5" 0 / M 7 iS' a9 ft 6) Height (approx): n f fl /� ft. Canopy Width (measure from one edge to opposite edge): 96 /! Trunk Diameter (in inches) at 54 Inches Above Ground Level (DB.H) On /t M o ;n /e' 7) Approximate Age: / /) n years /? /or S) Condition: Oi s a > c e - V (ems ° r 9) Noteworthy Features: // Beauty 1Z Shade l� Size Kind History Lin knelw / 10) Please include a photo and narrative explaining why you feel the criteria for Heritage Trees has been met: Tigard Minriapai Code Cbapfer 9.08.030(3) Return Nomination Form to: City of Tigard I Attn: City Athol 1 13125 SW Hall Blvd. I Tigard, OR 97223 • iI Attachment 2, Exhibit A Paul E. Miller 10380 SW Canterbury Lane Tigard, Oregon 97224 -4810 503.684.8513 Home /Office 503.577.4329 Mobile RECEIVED PLANNING 503.684.9641 Fax paul.miller17 @comcast.net JAN 06 2010 CITY OF TIGARD January 4, 2010 Todd Prager Associate Planner /Arborist City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Hi Todd, Thanks for the quick reply to my application for heritage trees. I would like the maple and oak trees in front of my house to be designated as heritage trees. Both trees are close to or more than 100 years. This would make them older than any surrounding structures except the John Tigard house. The maple, since it is native, may have started by seed. The oak was probably planted. The trees have good health and integrity. They have had professional removal of dead wood and minor pruning in the last two years. Please feel free to call or email me with further questions or information. � I Sincerely, ly Attachment 2, Exhibit B Red Oak at 10380 SW Canterbury ,., L ,( .1r t 0 _ r . s -' d % a .. _`'Mq.cT. :+t t . .•A - • �. ! . •• d ! • " .! � ' ' . ' W,' to 4 . '. ' .t . r it n ' Z • ' • . 11 :, : •Ad. r l � Y- •>.' .1 • . 4 I ` 1;4_,•44: d or,,-„,1 ( r r;yl/., a.� , r I i A • F I , '''),„:4 :: F a4. A - tg\t`I .�'ai .5 . 1 • . pq ' y f ttt3 df. y 7 • j . ��' . . 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' - o • r ..., ..... , .. 1_, ._ — . • ci.ri,- . 4 , ....Cf ' r g ',Se -,07,. r • - It/ ..- ,-- 1 ; 4 _ . 1- -:, " - 1 ; 10 -••• - -4 . - 1 - ...... -- - -.- -- . ‘ _ (4 1 . . .---, ., ...1},4•• - • .- .•,,,,, , ... r ..... T - - .,..._.. ,........_ . I t' /7"" Attachment 2, Exhibit C Bigleaf Maple at 10380 SW Canterbury (Leaf Out Image Courtesy of Google Maps) '' 4 0368 Mean ter • t f' . Y '� , y � w• • ~ '�. • .,, f 6- ' ±,' ... 4 X4 3 �} O' . a ✓ •••• ti' t ti -°lam ^b .?.t t - ` 'r a' = a a • ti ' . ,,. ?• s• do • AA K + r . • .' -" 1 d K _. ' - • - { _ .. 1 a a • Attachment 3 City of f Tigard TIG, RD Tree — Minutes MEETING DATE: March 8, 2010, 6:30 -8:00 p.m. MEETING LOCATION: Tigard Library, 2"` Floor Conference Room, 13500 SW Hall Blvd., Tigard, OR 97223 Members Present - Dennis Sizemore, Bret Lieuallen, David Walsh; Man Clemo, Mort Ettelstein, Tony Tycer Members Absent - None Council /Staff.Present - John Floyd, Susan Hartnett, Todd Prager Visitors - John Frewing, Paul Miller 3. Vote on Heritage Tree Designation • Dennis Sizemore then asked Todd Prager -to present his findings on the Heritage Tree nominations. Mr. Prager explained that he had received;a nomination for two Heritage Trees at 10380 SW Canterbury Lane from the property owner, Paul Miller (Attachment 2, March 8, 2010 Tree Board Meeting Packet). He said that while both trees have excellent, open grown forms and are in good condition, the red oak stood out as meeting the Heritage Tree Code criteria and the bigleaf maple did not. The reasoning was because the red oak was of a significant size and age relative to others in the City and provided a backdrop to the John Tigard House on the neighboring property. He said the bigleaf maple is further removed from the John Tigard House, and there are other bigleaf maples in the City that are older and larger. Mr. Prager said he spoke to Paul Miller about what the recommendations in his report would be, and Mr. Miller understood and agreed with his assessment. Mr. Prager qualified his report by saying the Heritage Tree Code criteria is subject to interpretation and it was up to the Tree Board to make their own decision. Matt Clemo asked Todd Prager how he estimated the ages of the trees. Mr. Prager said he compared the size of the trees to other Heritage Trees in Portland of the same species and of known age. He also analyzed aerial photos of the site from as far back as the 1930s and saw that the location was a field at that time. He suspected that the red oak was planted and the bigleaf maple sprouted from seed soon after the house was built in the 1960s. This would give both trees an.age of about 40 -50 years. Tony Tycer said it , t6ould be nice to recognize the bigleaf maple in someway if it does not receive Heritage designation. Todd Prager said that Portland has a significant treeprogram that recognizes trees in that way on the City's website, TIGARD'TREE BOARD MEETING.MINUTES - March 8, 2010 City of Tigard 1 13125'SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard- or.gov Page 1 of 2 Dennis Sizemore said it sounded like the group had reached consenstis.to approve the nomination of the red oak and not the bigleaf maple for Heritage status. Bret Lieuallen said he thought the bigleaf maple should also receive the Heritage Tree designation because of its historic significance. He - read a passage from the book Tigardville Tigard which described the original location of the. Tigard House on Pacific Highway near Canterbury and referenced maple trees that were planted there by the Tigard family. He said recognizing the bigleaf maple as a Heritage Tree; would be a nod to Tigard family history and add a point ofinterest for visitors to the East Butte neighborhood which includes the Tigard House and East Butte Park. After considering Mr. Lieuallen's input, the Tree Board unanimouslyvoted to approve both trees as Heritage Trees. Paul Miller clarified that the bigleaf maple on his property cannot be connected to the Tigard family because the house was not originally in its current location. The Tree Board recognized that fact, but still felt it was appropriate to relate the tree with the Tigard family's history of planting maples. TIGARD TREE BOARD MEETING MINUTES - March 8, 2010 City of Tigard 13125 SW Hill Blvd., Tigard, OR 97223 503 -639 -4171 1 www.tigard- or.gov 1 Page 2 of 2 Attachment 4 • Designation and Preservation Agreement - Heritage Trees #4 and #5 Upon,acceptance by the Tigard City Council, Paul and Judith Miller; the owners of the following described property, agree that certain trees thereon and more fully described herein shall be placed on the City of,Tigard's list of Heritage Trees and thereafter preserved and protected.. We recognize and agree that placement on this list is' due to the landmark importance of the trees due to age, size, species, horticultural quality or historic importance of such trees and their retention will not interfere with the.use of the property upon which they are located. The species of the trees to be preserved are bigleaf maple (Ater maclvpbyllunr) and red oak (Quercus rubra). The bigleaf maple tree is located in the NW one - quarter of Section 11, Township 2 South, Range 1 West Willamette Meridian, City of Tigard, Washington County, Oregon, the location ,of the bigleaf maple heritage tree is described as follows: Beginning at the Southeast corner of the property described in Document No. 2005 - 144209 thence N 02° 11' 31" E, along the east line of said document no., a distance of 123.29 feet to the south right of way of SW Canterbury Lane; thence N 89° 29' 38" W along said south right of way, a distance of 86.11 feet; thence S 00° 30' 22" W a distance of 8.52 feet to the center of a 27" bigleaf maple heritage tree. ALSO INCLUDED The red oak tree is located in the•NW one- quarter of Section 11, Township 2 South, Range 1 West Willamette Meridian, City of Tigard, Washington County, Oregon, the location of the red oak heritage tree is described as follows: Beginning at the Southeast corner of the property described in Document No. 2005 - 144209 thence N 02° 11' 31" E, . along the eastine of said document no., a distance of 104.56 feet; thence N 87° 48' 29" W a distance of 10.42 feet to the center of a 27" red oak heritage tree. As owners of the property and the tree, we recognize and agreethat these Heritage Tree designations do not affect our title and, therefore, we will indemnify and hold the City harmless from an•claim which challenges this designation. We also understand and agree that the maintenance, care /or pruning of these trees. continues to be our responsibility as the property owners and not the City's, and that we will, to the best of our ability, preserve the trees from disease and death. Finally, we agree to forfeit any exemption we may have from the Tigard Municipal Code which might otherwise permit as to cut down the trees. This forfeiture of exemption does not prohibit us from,requestingretnoval of the designation of Heritage trees in accordance with section 9.08:060 of the Tigard Municipal Code. The-covenants and conditions in this agreement shall run with the land and shall bind ourselves, as well as our heirs, suceessors and assigns and this document may be filed in the County Recorder's Office. Page 1 of 2 Attachment 4 BY: ` (2-4 C, / -fie Date (owner's name) Date owner's name) Approved and accepted by the Tigard City Council this day of , 20 • CITY OF TIGARD, OREGON BY: Mayor BY: City Recorder Page 2 of 2 Attachment 5 Return Recorded Document to: City of Tigard — Records.Division 13125 SW Hall Blvd' Tigard, OR 97223 No change in Tax Statement Declaration of Restrictive Covenant — Heritage Trees #4 and #5 Come now Paul and Judith Miller ( "Grantors ") and, pursuant to the Heritage Tree protection provisions of the Tigard Municipal Code, hereby desire and do declare the following restrictive covenant(s) upon the following described Real Property, in compliance with terms, conditions, and provisions of the City of Tigard regulations relating to Heritage Trees: • The species of the trees to be preserved are bigleaf maple (Acermarophyllum) and red oak (Quercus rubra). The bigleaf maple tree is located in the NW one - quarter of Section 11, Township 2 South, Range 1 West Willatihette Meridian, City of Tigard, Washington County, Oregon, the location of the bigleaf maple heritage tree is described as follows: Beginning at the Southeast corner of;the property described in Document No. 2005- 144209 thence N 02° 11' 31" E, along the :east line of said document no., a distance of 123.29 feet to the south right of way of SW Canterbury Lane; thence N 89 29' 38" W along said south right of way, a distance of 86.11 feet; thence S 00 30' 22" W a distance. of 8.52 feet to. the center of a 27" bigleaf maple heritage tree. ALSO INCLUDED The red.oak tree'is located in the NW one - quarter of Section 11, Township 2 South, Range 1 West Willamette Meridian, City of Tigard, Washington County, Oregon, the location of the rcd oak heritage tree is described as follows: Beginning at the Southeast corner of the property described in Document No. 2005- 144209 thence N 02° 11' 31" E, along the east line of said documentno., a distance of 104.56 feet; thence N 87 48' 29" W a distance of 10.42 feet to the center of a 27" rethink heritage tree. Restrictive Covenant(s): The trees located upon the Real Property and.accepted by the City of Tigard's Tree Board and approved by the City Council on May 25, 2010 as "Heritage Trees," (as defined by the Tigard Municipal Code Section 9.08.010,)shall hereafter be protected as "Heritage Trees" in accordance with Tigard Municipal Code Section 9.08, and allsegulations thereto. Grantor covenants not .to remove the Heritage Trees except as permitted by said Tigard Municipal Code Section 9.08. The covenant(s) shall run with the land and be binding upon the Grantor, Grantor's successors and assigns and shall be a perpetual covenant provided, however, that this Covenant may be released and discharged by recoidirigi document extinguishing this Covenant, executed'by the City of Tigard, in the Official Records of Washington County, Oregon. The undersigned Grantors hereby covenant and represent to the City of Tigard that Grantor is the fee title owner or contract vendee of the Real Property and that this Declaration is executed pursuant to lawful authority if Grantor is an entity. Page l of 2 — -- — _— Attachment 5 Grantor: �Q Print Name: / /.2'v / .Fr / / /P� Title: • d • ✓ ` i r Date:. V 7 7 State of Oregon ) / )ss. County of 1 �r c1/40Cj 7 This instrument was acc / ' now edged.before me on ti li AST e ;C/ 0 (date) by la au / / 22, // v' (name(s) of person(s)) as f r O '0 Di -n- v'(type of authority, e.g., officer, trustee, etc) of (Liar& of party/company on behalf of whom instrument was executed). °Mtn& SAL g ' CAROL AKRAOER Notary s Signature ` ; .NOTARYPUBl1CORE00W My Commission Expires: ./5J /cd /7 COMMISSION NO. 445625 MY COMMISSION EXPIRES FEBRUARY 23, 2014 Grantor: By: r `` _ • s • v / n � /� ' 1 I • Print Naine:�.1tt- Or'�' Vt C; (te-r Tide: T C_ y Date: `V( i State of Oregon ) )ss. County of 1 nit am-) ) This instrument was acknowledged before me on /Or/ L � . $ ^ j & 0 /0 (date) by T d i T-h A . M/7 /ems (name(s) of person(s)) as A f ' i 7 -'type of authority, e.g., officer, trustee, etc) of / (na e of party /company on behalf of whom instrument was executed). OCIALSEAL (I, FFI CAROLA KRAGER Notary s Signature NOTARYpUBuc -0R My Comnission Expires: '/a ? /Og / 9 MY COMMISSION EXPIRES FEBRUARY 23, 2014, Page 2 of 2 Agenda Item # Meeting Date May 25, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Finalization of Sanitary Sewer Reimburs ent District No. 45 (SW Hoodview Drive)) Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: V\ ISSUE BEFORE THE COUNCIL Finalize Sanitary Sewer Reimbursement District No. 45, established to construct sanitary sewers in SW Hoodview Drive and Kable Street. STAFF RECOMMENDATION Approve, by motion, the proposed resolution finalizing Reimbursement District No. 45 as modified by the Final City Engineer's Report. KEY FACTS AND INFORMATION SUMMARY • At its August 11, 2009 meeting, City Council adopted Resolution No. 09 -56 approving the formation of Reimbursement District No. 45. • The Engineer's Estimate for this project was $647,904. Due to lower than anticipated bids, the contract award was $298,490. • Construction is complete. The final actual cost of construction is $429,478. o This is $130,988 higher than the $298,490 awarded to the contractor. • $4,340.58 of the increase was for extra work approved by the LCRB on December 14, 2009, to modify two manholes. • $92,547.29 was approved by the LCRB on April 13, 2010, for field changes to meet a property owner's request to serve an additional portion of the owner's property by deepening the sewer main. • $34,100.13 was additional work done at the unit price for rock excavation and replacement of unsuitable trench material. • Engineering and inspection fees, 13.5 as defined in TMC 13.09.040(1) of $57,980. • This results in the total project cost of $487,458. • The final project cost of $487,458 is 25% less than the $647,904 estimated when the District was formed. • Steep side slopes resulted in unusually deep service connections for houses on the lower side of the street. The usual method is that once the district is finalized, the owner's contractor excavates the end of the service line at the property line -in front of the house and extends it to the house and 'connects it to the house plumbing. To avoid the cost of the deep excavation at the end of the service line, five owners have been permitted to connect to the end of the service line before it was covered by the City's contractor and extend it to a more convenient point for future extension and connection to the house plumbing once the district is finalized. These owners have deposited the proposed fees required for connection and have agreed to comply with any fee modifications unposed by City Council. N \ • On April 9, 2010, notices of the hearing to finalize the district were mailed to owners within the district. The notice, mailing list and additional details are included in the Final City Engineer's Report attached as Exhibit A to the proposed .resolution. No responses to the notices were received. • This Reimbursement District installed sewer service to 25 lots on SW Hoodview Drive and SW Kable Street. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each property owner must pay a connection fee, currently $3,635, and is responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. The connection fee is expected to increase to $4,135 on July 1, 2010. The sewer connections are available should property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer. • At the City Council meeting on April 27, 2010, some questions were raised about the interpretation of the incentive program regarding who is eligible for deferral. The Hoodview Reimbursement District public hearing was held over to May 25, 2010, to allow staff and the City attorney time to determine the intent of the incentive program. • At the City Council meeting on May 18, 2010, Council reviewed the program. The program has been consistently managed and will be continued as it has been for years. • If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS The proposed Reimbursement District meets Goal No. 1, "Implement Comprehensive Plan ", by providing the area currently on septic systems with sewer service as required by the Plan. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, Final City Engineer's Report Exhibit B, Map Attachment 2- Resolution No. 09 -56 with Exhibits A, B (9 pages) Attachment 3- Vicinity Map Attachment 4- Notice:to Owners Attachment 5- Mailing List Attachment 6- Resolution No. 01 -46 Attachment 7- Resolution No. 03 -55 Attachment 8 - Staff Memo clarifying the intent of the incentive program r ' 'FISCAL NOTES The final actual cost of the project is $487,458. This amount includes the final cost of construction, $429,478, plus $57,980 for administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer funds. Attachment 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL • RESOLUTION NO. 09-51 A RESO1::WTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 45 (SW HOODVIEW DRIVE) WHEREAS, the City has initiated. the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 45 (SW Hoodview Drive) have been notified of a public hearing in accordance with TMC 13.09.060 and n public hearing was conducted in accordance with TMC13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbrusement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a rrecommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report tided `Sanitary Sewer Reimbursement District No. 45," attached hereto as Exhibit A, is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The District shall be known as " Sanitay Sewer Reimbursement District No. 45." SECTION 3: Payment of the reimbursement fee, as shown in Exhibit A, is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.1'10. SECTION 4: An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5: TheCity Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder. and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09:090. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 09 Page l ,.k 1 PASSED: This ) / day QE, 1 - --(E((� 2009. CJJ J Mayor - City of Tigard AllbST: City Recorder - City of Tigard ( 9 i I RESOLUTION NO. 09 - Pagc 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 45 (SW Hoodview Drive) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Prograrn (NSEP). Under the program, the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the :owner would pay a connection fee, currently $3,635, and reimburse the City for a fain share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection made. In addition, property owners are responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 25 lots in the following table will require extending an existing sewer in SW Kahle Street north and west. in SW Hoodview Drive. No further extension of this line will be required. The surrounding area is completely served with sewer, The proposed project would provide sewer service to a total of 25 lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the 25 lots is $570,840. Engineering and inspection fees amount to $77 (13.5 %) as defined in TMC 13.09.040(1). The estimated total project cost is $647,904. This is the estimated amount that should,be reimbursed to the sanitary sewer fund as properties.connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to paya connection and inspection fee, currently $3,635, upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Ran All properties in the proposed district are zoned R -3.5 but vary in lot size from about 15,000 to 18,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. i f Exhibit A Page 1 cif 5 • Otheircimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. • Each property owner's estimated fair share of the public sewer line is $1.6327 per square foot of lot served. Each owner's fair share would be limited to $6,000, to the extent that it does not exceed $15,000, for connections, completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01 -46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of.costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No 03 -55 (attached). Annual Fee Adjustment TMC 13.09.115 states that an amoral percentage rate shall be applied to each property owner's fair share of the sewer tine costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98 -22. Recommenda 'on It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in Tigard Municipal Code (1'MC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted July 28, 2009 ■ Q. 1 P �t • ! $tin P. Duenas, P.E. City Engineer lainiporettachnbumeinant OMICULIS .0,5 w5$1.011nooalew Mn eel 45 eepod e. uanc Exhibit A Page 2 of 5 | � ! ` � • f��]��l]��'T� RIVE At8er Reimbursement Di bict.ff45 Estimated Cost m Property Owners Summxty `. }"0 200Y Estimated Construction Costs $496,383 �'-'- '_ 00% --- ----_/ ____---_-�-_-_--_�--- $74,457 �-_�--- • | Estimated construction subtotal $570,840 � _--_'--_-�-�--�- __-�-_-----'--_-__-_�'--_-�_-_-_�---'� ��- ------- - ---- ------ ]50°A ��B �77�k�� -°�-_^^� `�-_-- --�----�--_---_�--�� '_------__-�' �otuly�o�cr� $647,904 i ------ '-- '--� ----- - total area tn6oserre6(S�f� 396831 -- --__-._---_'--____-�--__-_--'--- _- -- -_-'-_'--'-- -_----��__-------�- -_-_--_--�_-_- ___-' � total coot �SF^u $1633 J�.�� --�-- __-�-_-_-_'_---'-� --_�� ! ' ' | | � • . � . � \ � u INC; \s^n Sew oict'a #wo mwxEnxin'n/stimatax."aiex San So, Dist *atimmto/T Lot (Ax")au `. ! ! � ( HOOD DRIVE Sewer Reimbursement District #45 Esdmaied Cast to Pmperiy Owners - Ju1y23 2009 Estimated Amount that Owner Site Address Tax Lot ID Area (S.F.) Area Reimbursement Amount to be Amount to be can be (AC) Fee Paid by Owner Paid by City Deferred by Owner 1 CIROlSK1, LAWRENCE L AND LAURA L 10305 SW 1 2511101101706 17859.60 0.41 $ 29,159 5 20159 $ 9,000 5 14,159 2 TAENNLER, ALFIUiD 10290 SW 11000VIEW DR 251110301707 15246.00 0.35 $ 24,392 5 15,892 $ 9,000 5 9,892 3 SIC \CI I, )OSEPPI R & 10260 SW 1 - 100DVIEW DR 251110301700 15246.00 0.35 $ 24,892 5 15,892 $ 9,000 $ 9,892 4 GUDEKUNST, NANCY & PETER 10200 SW I- IOODVIEW DR 2511101301709 15681.60 0.36 $ 25,603 $ 16,603 $ 9,000 $ 10,603 5 MCKF.E, TERRY &PRISCILL\ANN ENIPIY LOT ?511101301710 17859.60 0.41 $ 29,159 $ 20,159 $ 9,000 5 14,159 G SESNON, KAREN' E & ROBERT I -1 10125 SW HOODVIEW DR 2 51110E01711 17424.00 0.4 $ 28,448 5 19,448 $ 9,000 $ 13,448 7 CARVER, WILLIAM A SUSAN M 10155 SWI - IOODVIEW DR 2511101301712 15681.60 0.36 $ 25,603 $ 16,603 5 9,000 $ 10,603 8 BOELLING, KAREN & 10185 SW I- IOODVREW DR Z5111CB01713 16552.80 0.38 $ 27,02G 5 18,026 5 9,000 $ 12,026 9 ERIEDRICf-1, JOHN 1 -1 AND 10080 SW KA131-I3 SP 2511101301717 16117.20 0.37 5 26,314 $ 17,314 $ 9,000 $ 11,314 10 ANDERSON, ROGER AND 101208N9'KABLE T 251110301718 161.17.20 0.37 5 26,314 $ 17,314 $ 9,000 5 11,314 11 GIRAUD, GEORGE & PATRICIA L 10170 SW I6. \BLE ST 251110601719 15246.00 0.35 $ 24,592 $ 15,892 $ 9,000 $ 9,892 12 ERASER, MICHAEL 102105W KABLE ST 251110601720 14810.40 0.34 $ 24,181 $ 15,181 S 9,000 $ 9181 1 13 MCKEE, TERRY D PRISCILL:\ 10198 SW !CABLE ST 2311101301734 15246.00 0.35 $ 24,892 5 15,892 $ 9,000 $ 9,892 14 SWITZER, KRISTEN - C & CARL 11 103105 \VI400DVIEW DR 2511101101735 15246.00 0.35 $ 24,892 - 5 15,892 $ 9,000 5 9,892 15 DUNNE, KEVIN 8 AND SANDRA 1. 10340 SW 1 1DODVIEW DR 251110301736 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,392 16 FL \RBOURt,ICELLS' 10370 SWVHOODVIEW DR 251110301737 15246.00 0.35 5 24,892 $ 15,892 $ 9,000 $ 9,892 17 CI I\VIItK4, STEVEN ,\ 10400 SW HOODVIEW DR 251110801738 15246.00 0.35 $ 24,892 5 15,892 $ 9,000 $ 9,892 18 STEVENS, IAN DA SUE 10130 SW I400DVIEW DR 251110501739 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 5 9 ,892 19 BOWEN, MARK A 10460 SW HOODV IEW DR 251110301740 15246.00 0.35 3 24,892 $ 15,892 $ 9,000 $ 9,892 20 NELSON, JAMES R & LINDA S 10455 SW HOODVIEW DR 2S111CB01741 16117 20 037 5 26,314 $ 17,314 $ 9,000 $ 11,314 21 SMITI -I; SI'EPFIEN 11 & C\RLA J 10425 SW 1- I0ODVIEW DR 2511101301742 16117.20 0.37 5 26,314 $ 17,314 5 9,000 $ 11,314 22 HUGEL, LIDU:\N 10395 5W 1-IOODVIEW DR 231110501743 16117.20 0.37 $ 26,314 $ 17,314 $ 9,000 $ 11,314 - 23 ALFARO, CFEIIWIL N & 10365 SW HOODVIEW DR 351110101744 16552.80 0.38 $ 27,026 $ 18,026 $ 9,000 5 1026 24 \VO!JO, M MOOYUN 10335 SW 1- PODI>>EIXt DR 2S1110301748 16117 20 0.37 $ 26,314. $ 17,314 $ 9,000 $ 11,314 25 WISSTBY, RICL\RD S & DENISE M 10275 SW H00DVIEW DIt 23211 cum 705 ` 15245.06 0.35 5 24,891 $ 15,891 $ 9,000 $ 9,891 Totals 396830.66 9.11 $ 647,904 $ 422,904 5 225,000 $ 272; 4 of HOODVIEW DRIVE Sewer Reimbursement District #45 Estimated Cost to Property Owners July 23, 2009 The "ESTIMATED REIMBURSEMENT FEE" column shotvs the estimated reimbursement fee for each lot. 'There are no requirement's to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. In accordance with Resolution Nu. 01 -46, Lich property owner will be required to pay the first 56,000 of the final reimbursement. fee for connec ions completed within the fuse three years of City Council's approval of the•final City Engineer's Repbn. following construction. 'Mc "AMOUNT TO•BE PAID BY CITY" column shines. that portion of the rcimborsgnent Fee thar rhe owners will nor be required to pay if they connect to the sewer during this three ) period. Phis_ resolution also requires owners to pay any fair share amount that exceed 515,000. Consequently, if the final fair share for an owner exceeds 515,000, the owner would be required to pay 56,000 plus that amount of the fair slaare.thar exceeds 515,000. Under Resolution No. 03 -55, payment of the amount in cseess of 515,000 may he deferred until the owner's lot 11 developed. This amount is shown in doe "AMOUNT' I l i:\T CAN BE DEFERRED BY OWNER" column. In addition to the reimbursement fee, the owners will also be required to pay a connection Eec, curreneh 53635 at the rime of connection to die sewer. In addition, property owners are responsible For disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to tic public sewer. 4 5 0f5 i t I `L a D Z /"-----------__` m - o ❑ 0 3 o rn m •G. (D ,o R °D l o x o ti n a s 2 O �q ` 190 .� bl P ,xo ° R D 7, x 4 , do N S R 4 O O O 3 TF 2 S Z OD 0- o , 0 !o x y i l,', to < m ?S7� C y o q a c � hb 4, `g. , i ) F ' O O O 3 gO >; F � s e, 1'D q y F � 3 s 0,9 rr I ° >> � � Z D x 0 ID 04, R ''' Z I ‘'s it � o S rF , 2 S _ eo, 41 N S l, C . m Z y xJ op -Is. MCO oq C V/ s o R& q<� 0) m 70 C0 2S r 0 .p � '03 * R 0 � m • e • OeD�3 .9 2S7 o p h q 1 , p O x M D, Z m -I —I '0 °G,� x 0,p —s Z ci cg S F � _ , CO D 2S ', ce ° se o ?S y6 z z s > k ti O . �T x8 04, 13 O • O 4 te. O � S , h 0 o q �R i s C/ I D Ut � & i F T el, o Or K 7) 3 Iy oR t , ..5- y (q (4 ' / oTgF ifc9 yq et 2 s y F % o . @0� 0, 0 02 T Br ( 06 2 �s of • Ri c i 7 O S r S >> ti0 S F h y O 3 m ,2 s -Ic o O tt 4, R S 3 m 251 ' 0 On 0 , A 1 ,, °5 la SEE EXHIII 13 (p2) • • HOODVIEW DRIVE- REIMBURSEMENT Th/B OELUNG. ROB JOHNSON FY 2009 -10 SANITARY 10185 HOODVIEW DR SEWER EXTENSION <4 O� „ 2S1110801713 PROGRAM o c ) c c c , & A PORTION OF THE NW Z • o a o ^ ,k- e 0 1/4 SECTION 11 T2S a 1 J ob o0 CARVER, WILLIAM ` R1W W.M. 4-0 ^^ �.. A , .. o & SUSAN m ^ O R' n �P O O 6 ^^ 10155 HOODVIEW DR °: N 6 )1 " 1, , w 2S111CB01712 S " N 5 0 w 0 4 0 w x in MCKEE, T ERRY MCKEE, TERRY & PRISCILLA & PRISCILLA SENSON, KAREN 0195 KABLE ST VACANT LOT & ROBERT 23111C801734 2S111CB01710 10125 51 HOO B D O VIEW DR KABLE ST ; NOTE: <v, c. <3- ÷ ` All properties in the Z��' 4 o .9 C9 reimbursement district �,c-' � ^ <v G ' O �� ^ 0 1• ^ �' A are zoned R3.5 e' PLcO^ �q- c ^^ O ^ � ^G PP' 0 k ` , ' P P q- k 0 p � 0 ^OrVv . EXHIBIT B (p2) NTS • HOODVIEW DRIVE — REIMBURSEMENT DIST NO. 45 FY 2009 -10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1/4 SECTION 11 T2S R1W W.M. 6' Eid )11111 if I )' i i 11914P ■ •S tinw111 - U1111J , Lj i ii i 1 Q L o 1 LADY MARION 0R L II - A LERS_T 1 W1 Q HOO DVIEW p R____ — III I M \ __ n . L ' � KABLE sT \J I I Lo t il j ■ W �_ /CABLE o r , sT CH ' KABLE s r i J NAEVE ST �- l �– - , fi — . 7- ( HIGHLAND DR Ei \' NIGNLA Np w w � V A' V 1 • \ �-- rr — N A V A \�> _ VICINITY MAP NTS Attachment 4 April 12, 2010 NOTICE of PUBLIC HEARING Tuesday, April 27, 2010 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on April 27, 2010, at 7:30 pm at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will he conducted as required by Section 13.09105 of the Tigard .Municipal Code. Further information may be obtained from the Public Works Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503- 718 -2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 45 (SW Hoodview). The Tigard City Council will conduct a public hearing to hear Testimony on the finalization of Sanitary Sewer Reimbursement District No. 45, which has been formed to install sewers in SW Hoodview Drive. Each property owner's recommended fair share of the public sewer line is $1.277 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of less than $15,000, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report as in accordance with Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03 -55. :W,g2000.2010 Fj dOhood,ew San new disI 45. 01e It 0535. gas 930451csunNYnakation 9- 27- 10Yn,I eooO new ream cost 95 notice 3 doc • April 12, 2010 • «TAX_LOT_ID» • «OWNER» «SITE ADDRESS»«MAILING_ADDRESS» «CITY>x<STATE>x<ZIP>x<CITY2» «STATE2» «ZIP2» Subject: Notice of Hearing to. Finalize Hoodview Dr., Kable St. Sanitary Sewer Reimbursement District No. 45 The construction of a new public sanitary sewer that will serve your property has been completed. With the competitive bidding market the project was constructed for 25% less than originally estimated. This means that your share of the project costs will be lower. City Council will hold a public hearing on April 27, 2010 to finalize Reimbursement District No. 45, see enclosed notice. You are encouraged to attend and offer oral or written testimony. Enclosed with the hearing notice is the proposed final cost of the project along with a list of each property owner's proposed reimbursement fee. The reimbursement fee is your share of the cost of constructing the public sewer and is shown in the column with the "Final Reimbursement Fee" heading. Your fee is calculated as follows: Tax Lot ID: «TAX_LOT_ID» Lot size «AREA» Square Feet x $1.27745243 = $ «FINAL_REIMBURSEMENT_FEE» The actual fee required to connect is subject to the City's Incentive Program. We will send you the results of the hearing, which will include the approved amount your final reimbursement fee. The fees discussed above are not due until you decide to connect to the sewer. Please call me if have questions. I may be reached at 503- 718 -2468 or at vreg( tigatd- or.gov. Sincerely, X11/3 Greg.N. Berry, P.E. Project Engineer t1enP9rePveimnursement msinas145 hoed vlewRnmlzauon annsvener to property owners noWxew amid 45 4-12-10000 • � t Attachment 5 2S111CB01744 2S111CB01717 ALFARO, CHARLIE N & FRIEDRICH, JOHN H AND • PAMELA T JANET M 10365 SW HOODVIEW DR 10080 SW KABLE ST TIGARD, OR 97224 TIGARD, OR 97224 2S111CB01745 2S111CB01719 ALFARQbHARLIE N & PAMELA T GIRAUD, GEORGE & PATRICIA L 10365 SW HOODVIEW DR 10170 SW KABLE ST TIGARD, OR 97224 TIGARD, OR 97223 2S111CB01718 23111CB01709 ANDERSON, ROGER F AND GUDEKUNST, NANCY & PETER ESTHER LEE 10200 SW HOODVIEW DR 10120 SW KABLE ST TIGARD, OR 97224 TIGARD. OR 97224 28111CB01713 2S111CB01743 BOELLING, KAREN & HUGEL, LIDUAN JOHNSON, ROBERT 10395 SW HOODVIEW DR • 10185 SW HOODVIEW DR TIGARD, OR 97224 TIGARD, OR 97224 • 281110501740 25111CB01710 BOWEN, MARK A MCKEE, TERRY & PRISCILLA ANN 10510 SW HOODVIEW DR 10195 SW KABLE TIGARD, OR 97224 TIGARD, OR 97224 2S1110601712 251110601734 CARVER, WILLIAM A SUSAN M MCKEE, TERRY D PRISCILLA 10155 SW HOODVIEW DRIVE 10195 SW KABLE ST TIGARD, OR. 97223 TIGARD, OR 97223 1 � 2S1110601738 2S111CB01741 CH WIRKA, STEVEN A NELSON, JAMES R & LINDA S 10400 SW HOODVIEW DR 10455 SW HOODVIEW DR TIGARD, OR 97224 TIGARD. OR 97224 2S111CB01706 25111CB01711 CIROTSKI, LAWRENCE L AND LAURA L •SESNON, KAREN E & ROBERT H 10305 SW HOODVIEW DR 10125 SW HOODVIEW DR TIGARD, OR 97224 TIGARD. OR 97224 251110801736 28111CB01708 DUNNE, KEVIN B AND SANDRA•L SKACH, JOSEPH R & 10340 SW HOODVIEW DR SKACH, MARY ANN TIGARD, OR 97224 10260 SW HOODVIEW DR TIGARD, OR 97224 2S111C801720 2S1110601742 FRASER, MICHAEL J SMITH, STEPHEN R & CARLA J 10210 SW KABLE ST 10425 SW HOODVIEW DR TIGARD, OR 97224 TIGARD, OR 97224 • 2S111C801739 STEVENS, LINDA SUE 10430 SW HOODVIEW DR TIGARD, OR 97224 23111C801735 SWITZER. KRISTEN C & CARL R 10310 SW HOODVIEW DR TIGARD, OR 97224 231110801707 TAENNLER, ALFRED 10290 SW HOODVIEW DR TIGARD. OR 9722.4 231110601737 TAKAHASHI, TETSURO & TAKAHASHI, AKEMI 10370 SW HOODVIEW DR TIGARD, OR 97224 231110801705 WESTBY, RICHARD 3 & DENISE M 10275 SW HOODVIEW DR TIGARD, OR 97224 231110901748 WONG, M MOOYUN 10335 SW HOODVIEW DR TIGARD, OR 97224 i 1 I t Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4tP A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM • WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public . sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council estabtished'The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98 -51 to encourage owners to connect to public sewer. The program was offered for a two -year period after which the program would be evaluated for continuation;. and WHEREAS, on. September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided.by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1: Resolution No. 98 - 51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sower connections provided through the sewer reimbursement districts shown on the attached Table 1 or establishel thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee detennined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies withthe provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO. o f 1 Page 1 • • • sewer connection. • • • SEC I ION 4: The City•Engineer's Report required by TMC Chapter 13:09 shall apply the provisions of this. incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is • entitled to -reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to • any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer • Reimbursement District Program, shall provide the funding for the installation costs • over $6,000 up to a maximum of $15,000 per connection. • • EFFECTIVE DATE: July 10, 2001 PASSED: This / L bk. ay of 2001. • ayor Ci of a l . .card • • // ATTEST: C.I.W. Recorder - City of ' card , • L\Citywide\Res\Resolution Revising the Neighborhood Sewer Incentive Program • RESOLUTION NO. 01 Page 2 • • TABLE Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS 'TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN:ST/WYNo:9 4,506 No reimbursement available HILLVIEW ST No:11" 8,000 ,2003 106 &.JOHNSON No.12 5,598 No reimbursement available 100 & INEZ No.13 8,000 ,2003 WALNUT & TIEDEMAN No.14 8,000 2003 BEVELAND &HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 • ,2003 O'MARA No.17 8,000 2003 2 WALNUT & 121 No.18 - Amount to be reimbursed will.be Three years from service availability 2 ROSE VISTA No.20 - determined once final costs are determined. * Currently being constructed • • • • • Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 03- 55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 01— 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01 -46 to encourage owners to connect to public sewer within three -years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE TT RESOLVED by the Tigard City. Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01 -46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01 -46, until the lot is partitioned or otherwise developed in accordance with a land ,use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. • SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three -year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01 -46, pay • $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01 -46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- 55 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will • not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be,detennined by the Finance Director and approved by the City Manager, There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreementsimilar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reirirbiuseinent District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000' per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolutionis effective immediately upon passage. PASSED: This /- y — day of 2 +ob n_ 2003. ( 4 Craig E. Dirksen, Council President ATTEST: City Recorder of Tigard 110/33Y114004 rmO1.4O mq 26 Mid 14 OI ownd111414-03 a&ltian to res 1-46 rtLMc � I RESOLUTION NO. 03- 55 Page 2 Attachment 8 City of Tigard ■ Memorandum G A R D _Memorandum To: Mayor and City Council From: City Engineer Ted Kyle Re: Hoodview Sanitary Sewer District No. 45 Date: May 7, 2010 This memo responds to the issues raised at the April 27 public hearing to finalize the Hoodview Sewer Reimbursement District. The primary issue focused around reimbursement fee deferrals and when the deferral becomes due. Since it was not clear about how deferrals would work in this district, Council postponed the decision on the Hoodview Sewer Reimbursement District until their May 11 meeting and asked staff to research the issue. Background Resolution 01 -46, passed on July 10, 2001, established the current standards for the Neighborhood Sewer Reimbursement District Incentive Program. This resolution capped the reimbursement fee for a single family residential property owner at $6,000 with the City paying the next $9,000 for a total of $15,000. If the reimbursement fee exceeded $15,000, the property owner would pay the initial $6,000 plus any amount in excess of $15,000. This incentive would be available to homeowners for three years from the date the City Council approved the final City Engineer's Report. Resolution 03 -55, approved on October 14, 2003, modified the incentive program to include additional incentives. Resolution 03 -55 extended the program to cover duplexes and vacant lots. It also allows property owners to defer payment of that portion of the fee in excess of $15,000 until the lot is partitioned or otherwise developed in accordance with a land use permit. Reimbursement Fee Deferral Section 1 of Resolution 03 -55 states that any property that qualifies for the incentive by connecting their property to the sewer within the three year period may defer the payment of any amount due above $15,000 "until the lot is partitioned or is otherwise developed in accordance with a land use permit." There are no limitations on which properties can request a deferral. In the case of the Hoodview Reimbursement District, all the possible lots allowable under the current zoning have already been created. No new lots can be created unless the zoning is modified. Therefore, partitioning a lot is not likely to trigger payment of the deferred amount. The only other trigger for making the deferred fee payable would be development requiring a land use permit. There are very few land use permits that might arise in the Hoodview District. They include variances, conditional use permits, a planned development, or an accessory residential unit. A home occupation permit is possible if someone wants to conduct business from the home, however it the occupation does not materially modify the use of the land or require a new building, the occupation permit does not constitute development. Constructing or modifying a single family home or duplex does not require a land use approval in a residential zone. The likelihood of development occurring that requires a land use permit is low in the Hoodview District because the area is mature and has been nearly fully developed. Reimbursement Fees for Vacant Lots One property owner testified that she owns two Lots that are side by side. One lot has their home while the other lot is vacant. Both lots are legal lots of record and are treated as separate parcels within the Reimbursement District even though both lots are owned by the same people. Thelot with the existing home qualifies for the $6,000 cap with the remainder above $15,000 being eligible to defer until the lot is further partitioned or otherwise developed in accordance with a land use permit. The differed amount would be due when the land use permit is issued. Rebuilding, remodeling, adding a room, or modifying the existing home on this lot would not require a land use permit. The vacant lot also qualifies for a $6,000 fee cap that would be payable when a home is built and connected under Section 3 of Resolution 03 -55 if the home is built within three years. The reimbursement fee for the vacant lot that is over $15,000 can also be deferred if the home is connected to sewer within three years. The reimbursement fee or any deferral for the lot with the existing home next door would not be affected by building a house on the vacant lot. Reimbursement fees for large lots that can be partitioned The council discussed how the reimbursement fee would work for a large lot that can be subdivided. The existing rules allow any property owners to defer the reimbursement fee in excess of $15,000. The deferred fee would be payable when the partition permit is granted. The Hoodview Reimbursement District does not have any large lots that can be partitioned or subdivided. Staff has accepted deferral requests from 47 property owners in 13 reimbursement districts. Staff has also unformed property owners about this program based on the two resolutions and has discussed the unlikely possibility of "development requiring a land use permit" occurring in districts like Hoodview. The program could be made more restrictive by a future resolution of the council. However, those restrictions would not apply to property owners who have already signed deferral agreements as required by Section 5 of Resolution 03 -55. Thus, a more restrictive program would be in place before any hearings for future districts so that everyone would know the rules affecting their district before starting the project. There are three reimbursement district planned for the next two years, so Council needs to advise Staff if they wish to pursue such changes. If the total value of the deferrals anticipated for the Hoodview Reimbursement District is $112,457. This is only 1% of the balance in the Sewer Fund. Connection Fees One property owner wanted to know why the sewer connection fee is being increased at the same time this reimbursement district was being finalized. Clean Water Services is the entity increasing the connection fee. The fee pays fortreatment plant capacity and sewer system capacity needed to serve each new sewer system , user. The decision to increase connection fees is made by the Board of County Commissioners as the governing body for Clean Water Services, and they set the amount and timing for fee adjustments. Summary and Recommendation The Council had a concern that residential sewer district property owners could choose to use the residential fee deferral - process.(connect within the three year window and defer that portion of the reimbursement fee over $15,000) and ultimately not havea triggering event that would allow collection of the deferred amount. Staff and the City Attorney's office agree that such a situation currently exists, is applicable to all residential properties that have been created since the 2003 resolution was adopted, and will continue to exist unless Council passes a new resolution. The council could direct staff to prepare a new resolution for the Council's consideration. However, new more restrictive rules would only apply to future reimbursement districts. Since the City is nearing the'end of the program and relatively few properties remain which could exacerbate this situation, staff-recommends not changing the rules for the remaining districts. Since many variables exist, it is impossible to predict -with any certaintythe potential total dollar volume that may go uncollected. Staff estimates that $600,000 could be deferred in the six districts that are within three year connection period. We estimate this number could grow by $350,000 as we look at the next three districts. The total of $950,000 represents about 9% of the current Sewer Fund balance, Staff is comfortable this situation is manageable, and should not deter us from the point of the program, providing sewers in non- sewered areas to improve environmental and quality of life issues. . Agenda Item No. 5 Date: May 25, 2010 TESTIMONY SIGN -UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONTINUED FROM MAY 11, 2010 CONSIDER A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 45 - HOODVIEW Due to Time Constraints City Council has Imposed a Five- minute Time Limit on Testimony Agenda Item No. .5 Date: May 25, 2010 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — {Speaking Against) Neutral 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. •Naive, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Nanie, Address & Phone No. Agenda Item # 6 . Meeting Date May 25, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Resolution Directin_ Staff to Submit T•ard Town Center Boundary Ex.ansion Prepared By: Susan Hartnett /Ron Bunch Dept Head Approval: City M V gr Approval: 9 ISSUE BEFORE THE COUNCIL �� // �� Should Council direct staff to pursue an expansion of the Tigard Town Center boundary? STAFF RECOMMENDATION Direct staff, to formally submit a proposal to Metro to expand the Tigard Town Center boundary. KEY FACTS'AND INFORMATION SUMMARY Atits April 20, 2010 meeting, the Tigard City Council held a work session to discuss, potential changes to the Tigard Town Center boundary. The purpose of the work session was to review a proposed boundary change map and direct staff on whether to pursue it.,After discussion, the Council directed staff to propose boundary expansion that includes the Tigard Urban Renewal District and the Tigard Triangle and present it to Metro Council for feedback. On May 5, 2010, Mayor Dirksen and the Community Development Director received favorable feedback from Metro Council on this proposal. This discussion with Metro Council was for comment and "buy -in" because the Metro Urban Growth Management Functional Plan allows jurisdictions to expand town center boundaries without Metro approval. However, it is recommended to make Tigard's proposal part of the ongoing Metro process. This will raise the regional profile of Tigard's intentions and the Tigard Triangle. Metro's process will also require less work from the City than the alternative of doing it independently. The next step in the process is to submit a formal proposal to be reviewed by MPAC and MTAC in June 2010, before a Metro staff recommendation in late summer 2010. Metro Council will make the final decision in December 2010 as part of its capacity ordinance. At its May 25, 2010 meeting, Council is being asked to formally support submitting the proposal by passing a resolution (Attachment 1). The proposal would: o supportthe community's commitment to the Tigard Urban Renewal District o support:ihe City's aspirations for more compact urban development o support the region's commitment to high capacity transit o support development potential in the Tigard Triangle 1:ALRPLNVCo`incil'Vfatenals \2010 \5 -2510 Tigard "lawn Center Designation A1S.docx 1 The map included as Exhibit A to the resolution depicts the boundaries as proposed by Council at the April 20, 2010 work session, with minor changes recommended by the City Manager that include more of the Hwy. 217 ramps. This meeting will provide Council another opportunity to make adjustments to the boundary before the proposal is submitted. A large printout of the. map will be available for marking any further boundary changes. OTHER ALTERNATIVES CONSIDERED 1. Direct staff to not explore possibility of expanding the town center boundary, but just submit request to adjust the boundary to coincide with the Tigard Urban Renewal District boundary. CITY COUNCIL GOALS 1. Implement Comprehensive Plan 2. Implement Downtown Urban Renewal ATTACHMENT LIST Attachment 1: Resolution directing staff to submit boundary change proposal FISCAL NOTES N/A NV Council Materials V2010 \5- 25- 10Tigard Town Center Designation AIS.docx 9 I j f Regional Centers Acres Comments Beaverton 277 J rd Clackamas 489 / C/�� J Gateway 617 / CJ ►� Grehasm 387 2 lobes ) Hillsboro 144 o`"" v , Oregon city 414 Washington Square 608 Average 419 // Smallest 144 Hillsboro Largest 617 Gateway Town Center Acres Comments Aloha 405 Bethany 104 2 lobes Cedar Mill 310 Damascus 203 Fariview /Wood Village 222 Forest Grove 56 Gladstone 48 Happy Valley 25 Hillsdale 102 Hollywood 68 King City 77 Lake Grove 91 Lake Oswego 153 2 lobes Lents 82 2 lobes Milwaukie 358 Murray /Scholls 123 Orenco 174 2 lobes Pleasant Valley 127 Raleigh Hill 127 Rockwood 159 Sherwood 88 2 lobes St Johns 42 2 lobes Sunset Transit 220 Tanasbourne 605 Troutdale 301 Tualitin 325 West Linn 239 2 separate areas West Portland 224 Wilsonville 166 Average (w /out Tigard) 180 Smallest 25 Happy Valley Largest 605 Tanasbourne Next Largest 405 Aloha Tigard (existing) 128 Tigard (proposed) 702 Agenda Item # Meeting Date May 25, 2010 COUNCIL AGENDA ITEM SUMMARY • City Of Tigard, Oregon Issue /Agenda Title ( Update from Mayor and City Council on National League of Cities Conference Prepared By: C. Wheatley � Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Report from the Mayor and Council members who attended the National League of Cities Conference' in.March 2010. STAFF RECOMMENDATION For information only. KEY FACTS AND INFORMATION SUMMARY Mayor Dirksen and Councilors Buehner, Henderson, and Webb attended the National League of Cities Conference in March 2010. While there, they each attended sessions and made contact with officials from other jurisdictions regarding a number of topics pertinent to the City of Tigard. They will give a brief report to share what they learned. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST None FISCAL NOTES N/A I:A Citywide ACouncil Packets APacket '10V 100525VUpdate - NIL Conference AIS.doc c15-2 a i " LOA M "O. 7 Economic Development From two seminars at the Congress of Cities conference in Washington, DC, March, 2010 The first seminar focused on finding job growth opportunities in a down economy. The second seminar focused on marketing cities and towns. I found both of these addressed our city and particularly, our downtown redevelopment. I have recapped them together as one tends to overlap the other. Cities tend to focus on "retaining" instead of innovating. We need to figure out what are our assets (Labor force, capital and location). Then we must figure out how much risk we are willing to take on. We need to think like a venture capitalist — not a politician. A venture capitalist knows he isn't going to strike it rich on every project. He knows, there will be failures but one success can overshadow all the losses. Venture Capitalists listen to money. Using the story from Ventura, California, they partnered with a Venture Capitalist to revive their city. It is situated between all the job growth on the California coast north of Los Angeles. They had taken a "no growth" policy for many years and all around them the cities prospered. By the time they woke up, their city had deteriorated and they had no tax base left to do jump start the economy of their city. They partnered with DFJ Frontier and the Chamber of Commerce. They began having entrepreneur events and eventually started getting the attention of some businesses. - Then they had to decide where they wanted these businesses to locate and targeted the businesses they wanted in their city. They chose technology and E- commerce business to invite to start businesses in their city. They invested in a 5 million Economic Development Fund (they put in several million and the Venture Capitalist put in the rest). The kept out $500k for early stage investments. They used $400k to seed the early stage companies by enticing them with low rent space in the old city hall they renovated to use for business offices. In Jan. 2009 they started and there are now 13 companies functioning with 2 -10 employees in each business. One of the start- ups was E -Vite. It has already outgrown its offices and is looking to expand. Several of the businesses failed but most are still going and making money. By laying the foundation for a place for commerce to grow, they are now looked at as a `location" and they continue laying the foundation. The lessons they learned are : 1. Know your advantage 2. Understand business development 3. Target your efforts 4. Accept individual failures in the service of overall success 5. Use the Feds as a backstop (SBA) Some businesses may sell out and that is ok. It sets the history of success. Tigard needs to figure out our advantages and begin to work to sell the idea. We will have a few failures but eventually we will have more successes. Resources are available from the SBA. There are three categories 1) Micro (under $350K) 2) Slow Growth 3) High Growth/High Impact Also, we should look to displaced workers as they have become Necessary Entrepreneurs. On Marketing Cities and Towns we have several things to do. First, we must create a Mission Statement about what we want and how to attract what we want. We must figure out our Target Markets. Some of the marketing tools are: 1) Outbound missions (Business and Study) 2) Inbound missions (show what we have) 3) Publications and Website with pictures and descriptions of opportunity 4) International Press Center (work through the State Department) 5) Private sector liason office (World Bank) We must create a packet and make it so it isn't out of date all the time. It should include a Data Sheet about Tigard. It should also have pieces that can be used to customize and target customers (Agriculture — Manufacturing — Housing — Schools). We need to figure out what we're branding i.e. exports, livability, shopping, tourism...etc. We need to do an inventory and map of our location showing our location in terms of colleges, schools and highways. As an example, we could try to attract Specialty Food Products and a Food Innovation Center. We can show our close proximity to agriculture and our location to highways with the ability to build and have an export center for food. We need to look for angel investors, venture capitalists, Small Business Administration and our assets. We need to think like capitalists instead of politicians! • Fr Economic Development From tii'o seminars at the Congress of Cities conference in Washington, DC. March, 2010 The first seminar focused on finding job growth opportunities in a down economy. The second seminar focused on marketing cities and towns. 1 found both of these addressed our city and particularly, our downtown redevelopment. I have recapped them together as one tends to overlap the other. Cities tend to focus on "retaining" instead of innovating. We need to figure out what are our assets (Labor force, capital and location). Then we must figure out how much risk we are willing to take on. We need to think like a venture capitalist — not a politician. A venture capitalist knows he isn't going to strike it rich on every project. He knows there will be failures but one success can overshadow all the losses. Venture Capitalists listen to money. Using the story from Ventura, California, they partnered with a Venture Capitalist to revive their city. It is situated between all the job growth on the California coast north of Los Angeles. They had taken a "no growth" policy for many years and all around them the cities prospered. By the time they woke up, their city had deteriorated and they had no tax base left to do jump start the economy of their city. They partnered with DFJ Frontier and the Chamber of Commerce. They began having entrepreneur events and eventually started getting the attention of some businesses. Then they had to decide where they wanted these businesses to locate and targeted the businesses they wanted in their city. They chose technology and E- commerce business to invite to start businesses in their city. They invested in a 5 million Economic Development Fund (they put in several million and the Venture Capitalist put in the rest). The kept out $500k for early stage investments. They used $400k to seed the early stage companies by enticing them with low rent space in the old city hall they renovated to use for business offices. In Jan. 2009 they started and there are now 13 companies functioning with 2 -10 employees in each business. One of the start- ups was E -Vite. It has already outgrown its offices and is looking to expand. Several of the businesses failed but most are still going and making money. By laying the foundation for a place for commerce to grow, they are now looked at as a "location" and they continue laying the foundation. The lessons they learned are : 1. Know your advantage 2. Understand business development 3. Target your efforts 4. Accept individual failures in the service of overall success 5. Use the Feds as a backstop (SBA) Ircr Some businesses may sell out and that is ok. It sets the history of success. Tigard needs to figure out our advantages and begin to work to sell the idea. We will have a few failures but eventually we will have more successes. Resources are available from the SBA. There are three categories 1) Micro (under $350K) 2) Slow Growth 3) High Growth/High Impact Also, we should look to displaced workers as they have become Necessary Entrepreneurs. On Marketing Cities and Towns we have several things to do. First, we must create a Mission Statement about what we want and how to attract what we want. We must figure out our Target Markets. Some of the marketing tools are: 1) Outbound missions (Business and Study) 2) Inbound missions (show what we have) 3) Publications and Website with pictures and descriptions of opportunity 4) International Press Center (work through the State Department) 5) Private sector liason office (World Bank) We must create a packet and make it so it isn't out of date all the time. It should include a Data Sheet about Tigard. It should also have pieces that can be used to customize and target customers (Agriculture — Manufacturing — Housing — Schools). We need to figure out what we're branding i.e. exports, livability, shopping, tourism...etc. We need to do an inventory and map of our location showing our location in terms of colleges, schools and highways. As an example, we could try to attract Specialty Food Products and a Food Innovation Center. We can show our close proximity to agriculture and our location to highways with the ability to build and have an export center for food. We need to look for angel investors, venture capitalists, Small Business Administration and our assets. We need to think like capitalists instead of politicians!