City Council Packet - 02/22/2011 'PI 'I
TIGARD
City of Tigard
TIGARD CITY COUNCIL
BUSIN F- SS MDR: KTIl\ G
February 22, 2011
COUNCIL MEETING WILL BP, TKLF,VISED
I: \Ofs \Donna \Ccpkt3
Cathy Wheatley
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard- or.gov
,41 City of Tigard
Tigard Business Meeting - Agenda
TIGARD
TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER
DEVELOPMENT AGENCY
MEETING DATE AND TIME: February 22, 2011 - 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
6:30 PM
• STUDY SESSION
A. Discussion of Downtown Gateway Feature at Hall Blvd. /Pacific Hwy. Intersection
B. Administrative Items:
• Consent Agenda - Councilor Henderson requests Item 3E, Award a Contract for a Turn -Key
Restroom Building at Cook Park to Public Restroom Company, be removed for separate
discussion.
• Agenda Item No. 4 - Proposed Resolution - typographical error in Section 1 corrected to show
the extension date is Feburary 2012 (not February 2011)
• Meet the City Council - Chamber of Commerce. Select date: Thursday, March 31, 6 -7 p.m.;
Tuesday, April 5, 6 -7 p.m.; or Thursday, April 7, 6 -7 p.m. Appetizers served.
• Review of Public Meeting Requirements - City Attorney Ramis
• Council Calendar
• 2/28/2011 - Monday - Presentation on Successful Community Economic Development
7 -9 p.m.
• 3/1/2011 - Special Meeting CANCELLED!
• 3/8/2011 - Council Business Meeting - 6:30 p.m.
• 3/15/2011 - Council Workshop Meeting CANCELLED!
• 3/22/2011 - Council Business Meeting
• 3/29/2011 - Council to Meet with Tualatin Valley Fire and Rescue Board (dinner at 6
p.m.), at TVF &R new headquarters, 11945 SW 70th Avenue, Tigard
• EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session
is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All
discussions are confidential and those present may disclose nothing from the Session. Representatives of the
news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not
disclose any information discussed. No Executive Session may be held for the purpose of taking any final
action or making any final decision. Executive Sessions are closed to the public.
7:30 PM - FEBRUARY 22, 2011
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Council Communications & Liaison Reports
E. Call to Council and Staff for Non - Agenda Items
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
Estimated time: 7:35 p.m.
A. Follow -up to Previous Citizen Communication
B. Presentation of Certificate of Appreciation to the City of Tigard from Tigard American Legion, Post
158, for Participation in the September 11, 2010, "Welcome Home Again Parade."
C. Citizen Communication — Sign Up Sheet
D. Announcement - The following public hearing advertised to come before the City Council this
evening has been postponed at the request of the applicant:
HEARING POSTPONED (CONTINUED) TO MAY 24, 2011
QUASI - JUDICIAL PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT,
SENSITIVE LANDS REVIEWS AND ADJUSTMENT TO EXTEND WALL STREET TO
FIELDS' PROPERTY
COMPREHENSIVE PLAN AMENDMENT (CPA) 2009 - 00004 /SENSITIVE LANDS REVIEW
(SLR) 2009 - 00004 /SENSITIVE LANDS REVIEW (SLR) 2009 - 00005 /ADJUSTMENT (VAR)
2010 -00002 - WALL STREET EXTENSION (FIELDS)
3. CONSENT AGENDA: (Tigard City Council, Local Contract Review Board and City Center
Development Agency)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:
Estimated time: 7:50 p.m.
A. Approve City Council Meeting Minutes
1. November 16, 2010
2. January 25, 2011
B. Receive and File:
1. Meeting Minutes - Joint Tigard and Lake Oswego City Council Meeting of November 8, 2010
C. Approve an Intergovernmental Agreement with the Oregon Department of Transportatoin for
Administration of Right -of -Way Services for the Main Street /Green Street Retrofit Project
D. City Center Development Agency:
1. Financial Impact Report of the City of Tigard's Urban Renewal Plan for Fiscal Year 2009 -10
E. Local Contract Review Board:
1. Award a Contract for a Turn -Key Restroom Building at Cook Park to Public Restroom Company
® Consent Agenda -Items Remove or Separate Discussion: Any items requested to be removed from the
Consent Agenda for separate discussion will be considered immediately after the Council /City Center
Development Agency has voted on those items which do not need discussion.
4. CONSIDER RESOLUTION TO RENEW ANNEXATION INCENTIVES
Estimated time: 7:55 p.m.
RESOLUTION NO. 11 -08 -- A RESOLUTION AMENDING RESOLUTION NO. 07 -13 TO
EXTEND THE INCENTIVES FOR VOLUNTARY ANNEXATION OF UNINCORPORATED
LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2012
5. DISCUSS DEPARTMENTAL STRATEGIES FOR ACCOMPLISHING 2011 CITY COUNCIL
GOALS
Estimated time: 8:10 p.m.
6. COUNCIL LIAISON REPORTS
Estimated time: 8:40 p.m.
7. NON AGENDA ITEMS
8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to order, the appropriate ORS citation will be announced identifying the applicable
statute. All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(4), but must not disclose any information discussed. No Executive Session may be held for
the purpose of taking any final action or making any final decision. Executive Sessions are closed to
the public.
9. ADJOURNMENT
Estimated time: 8:50 p.m.
N City of Tigard
Tigard Business Meeting - Agenda
TIGARD
TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER
DEVELOPMENT AGENCY
MEETING DATE AND TIME: February 22, 2011 - 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
6:30 PM
• STUDY SESSION
A. Discussion of Downtown Gateway Feature at Hall Blvd./Pacific Hwy. Intersection
B. Administrative Items:
• Consent Agenda - Councilor Henderson requests Item 3E, Award a Contract for a Turn -Key
Restroom Building at Cook Park to Public Restroom Company, be removed for separate
discussion.
• Agenda Item No. 4 - Proposed Resolution - typographical error in Section 1 corrected to show
the extension date is February 2012 (not February 2011)
• Meet the Council - Chamber of Commerce. Select date: Thursday, March 31, 6 -7 p.m.;
eiday, April 5, 6- Tg.rn.; or Thursda} April 7, 6 -7 p.m. A ,_ served.
• Review of Public Meeting Requirements - Cify Attorney Ramis
• Social Service Grants - Tigard Historical Society Request . u 14QQt` 1 (
• Council Calendar 4
• 2/28/2011 - Monday - Presentation on Successful Community Economic Development
7 -9 p.m.
• 3/1/2011 - Special Meeting CANCELLED!
• 3/8/2011 - Council Business Meeting - 6:30 p.m.
• 3/15/2011 - Council Workshop Meeting CANCELLED!
• 3/22/2011 - Council Business Meeting
• 3/29/2011 - Council to Meet with Tualatin Valley Fire and Rescue Board (dinner at 6
p.m.), at TVF &R new headquarters, 11945 SW 70th Avenue, Tigard
• EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session
is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All
discussions are confidential and those present may disclose nothing from the Session. Representatives of the
news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not
disclose any information discussed. No Executive Session may be held for the purpose of taking any final
action or making any final decision. Executive Sessions are closed to the public.
,q
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 11-
A RESOLUTION AMENDING RESOLUTION NO. 07 -13 TO EXTEND THE INCENTIVES FOR
VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY
LIMITS TO FEBRUARY 2012.
WHEREAS, Resolution 07 -13 establishes policy to guide City actions pertaining to annexation of
unincorporated lands to the municipal City limits, and provides incentives to annex, including waiver of the City
annexation application fee until July1, 2008 and phasing in of increased property taxes over a three -year period
at the rate of 33 percent, 67 percent, and 100 percent, for properties that annex during the period of March 13,
2007, to February 2008 per Oregon Administrative Rule (OAR 150 - 222.111); and
WHEREAS, Resolution 0747 amends Resolution 07 -13 to expand the incentives to include City payment of
the Metro mapping / filing fee until July 1, 2008; and
WHEREAS, the City's operational and administrative procedures have been to assist in the preparation of legal
descriptions as long as they do not require field survey work and to waive the pre - application conference fee for
individual property owners interested in voluntary annexation; and
WHEREAS, Resolution 08 -12 amends Resolution 07 -13 to extend the offer of incentives to annex until
February, 2009; and
WHEREAS, the City Council passed Resolution 09 -12 on February 24, 2009 to continue to offer incentives to
property owners who voluntarily annex to the City until February 2010;
WHEREAS, the City Council passed Resolution 010 -12 on February 9, 2010 to continue to offer incentives to
property owners who voluntarily annex to the City until February 2011;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Resolution 07 -13 is hereby amended to renew the offer of incentives to annex until February
2012, including
• Waiver of the City annexation application fee;
• Phasing in of increased prope - - for properties that annex during the period of
March 13, 2007, to Feb , 2644 per Oregon Administrative Rule (OAR 150 -
e° ' - 222.111); aD /a
• City payment of the Metro ma .. g filing fee;
h , �� • Assistance in the preparation of legal descriptions, not to include field survey work; and
■ Waiver of the pre - application conference fee for individual property owners interested
in voluntary annexation.
� u : U b.e. rte .c
SECTION 2: An annual review of the annexation policy and associated incentives shall occur concurrently.
SECTION 3: This resolution is effective immediately upon passage.
RESOLUTION NO. 11 -
Page 1
PASSED: This day of 2011.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 11 -
Page 2
,A L-f, S CSSiCYL
Lessons from Lane County
How a recent lawsuit in Lane County might just change the way cities conduct business.
At the beginning of 2010, two citizens sued Lane County and three of its commissioners, alleging
violations of Oregon's public meeting laws, (ORS 192.610 — 192.710). The circuit court recently issued a
44 -page written decision in the case holding two of the three commissioners personally liable for
violations of the law. The circuit court's decision does not necessarily dictate how the issues litigated in
this case will be decided if raised in a different case in the future. Nonetheless, the court's decision
raises at least four issues to which city officials and employees should pay attention. Even though this
article briefly summarizes these issues, city officials and employees are encouraged to read the court's
decision and seek advice from their respective city attorneys about how best to comply with Oregon
Public Meeting Laws.
Lesson #1— Use of a personal computer and a private e-mail account to conduct city business may
subject your personal computer or private e-mail account to disclosure under a public records request or
in a litigation discovery request.
The League of Oregon Cities and city attorneys across the state have advised city officials and employees
for several years that using a personal computer or a private e-mail account to conduct city business
may subject the hard drive of the personal computer or the private e-mail account to disclosure under a
public records request or in a litigation discovery request. This issue first arose several years ago in a
litigation matter where the court required city councilors to have the hard drives of their personal
computers searched as part of a litigation discovery request. In the Lane County case, once again, local
government officials were asked about and required to produce documents sent from private e-mail
accounts. While the issue of whether disclosure was required was not a significant issue in the case, the
fact that it occurred is another reminder to city officials and employees that conducting city business on
a personal computer or using a private e-mail account will not shield those communications from
disclosure.
Lesson #2 — Use of e -mail by a quorum of a public body might constitute a meeting under Oregon's Public
Meeting Laws.
It has long been an open question regarding whether a quorum of a governing body could violate the
public meeting laws by communicating through the use of e-mail. (See the League's April 2009 edition
of Local Focus, available at www.orcities.org, for a more in -depth article on this issue.) ORS 192.670(1)
states that "[a]ny meeting, including an executive session, of a governing body of a public body which is
held through the use of telephone or other electronic communication shall be conducted in accordance
with [the public meeting laws]." In the Lane County case, the circuit court concluded that e-mail is an
"electronic communication" as that term is used in ORS 192.670(1). (Slip Opinion at p. 33.) Thus, for the
first time in Oregon, a court has concluded that a meeting can occur through the use of e-mail.
Notwithstanding that the court concluded that e-mail was an electronic communication for the
purposes of the public meeting laws, the question remained whether the e-mail communications in
question constituted a "meeting." ORS 192.610(5) defines a meeting as "the convening of a governing
body of a public body for which a quorum is required in order to make a decision or to deliberate
toward a decision on any matter." The defendants argued that the e-mails in this case were more like a
letter or short telephone message that didn't amount to making a decision or deliberating toward a
decision. The court, however, rejected this argument, stating, "[b]ased on the evidence presented in
the present case, this court rejects defendants' analogy to e-mail as the equivalent of a letter. As the
various e-mails show, they are far more like the normal back and forth in conversation than
correspondence in letter form. There is the opportunity for immediate viewing and response. That in
fact occurred in several e-mails in this case." (Slip Op. at p. 34, n. 32.)
In the end, the court stated that its determination that the use of e-mail could result in a meeting was
"probably of no consequence" to its final decision that a violation of the public meeting laws occurred.
This is because e-mails in question were about a decision for which that statute of limitations period had
expired. Nonetheless, the court's determination is the strongest warning yet for city officials and
employees that communications made through e-mail involving a quorum of a governing body might
constitute a meeting under the public meeting laws.
Lesson #3 — Serial meetings may violate Oregon's Public Meeting Laws
As discussed above, the public meeting laws define a meeting as "the convening of a governing body of
a public body for which a quorum is required in order to make a decision or to deliberate toward a
decision on any matter" (ORS 192.610(5)). Historically in Oregon, this definition required the convening
of a quorum of a governing body in the same place (or on the same conference call) before a meeting
could occur. However, in the Lane County case, the court concluded for the first time in Oregon that a
violation of the public meeting laws can occur even when a quorum of a public body never meets at the
same time to make a decision or deliberate toward a decision.
The court set forth the following test to determine whether a meeting occurred:
(1) did at least a quorum of the governing body;
(2) make a decision or deliberate toward deciding a matter; and
(3) in any setting that was private and not open to the public. (Slip Op. p. 34.)
In this case, the court reached a factual conclusion that a quorum of the Lane County Board of
Commissioners had private conversations and meetings in which they deliberated and reached a
collective decision on what to include in a supplemental budget even though a quorum of the
commission never discussed the issue together at the same time outside the scope of a public meeting.
As explained by the court, "[t]he evidence did not show that any three [of the five] commissioners were
ever in the same room at the same time talking about this matter. That does not mean that the
continuing multiple conversations were not a deliberation. All involved knew that a quorum of the
board was working towards a final decision outside of the public meeting context.... In effect, the
public meeting vote on December 9 was a sham. It was orchestrated down to the timing and manner of
the vote to avoid any public discussion." (Slip Op. at pp. 36 -37.)
Although this is the first time in Oregon that a court has found that these types of communications
constitute a meeting, courts and attorney generals in other states have reached similar conclusions for
many years. (See, e.g., Roberts v. City of Palmdale, 20 Cal. Rptr. 2d 330, 337 (Cal. 1993), Dewey v.
Redevelopment Agency of the City of Reno, 119 Nev. 87, 64 P. 3d 1070 (2003), Fla. Atty. Gen. Op. 96 -35
(1996), 2/23/94 Idaho Atty. Gen. Op. to Mike Wetherall.)
These types of meetings, often called "serial" or "seriatim" meetings, occur when deliberations or
decisions of a quorum of a governing body take place through one -on -one meetings or in meetings with
groups less than a quorum, outside of official public meetings, in a deliberate attempt to build a majority
for or against a matter. As explained by the California Supreme Court in the Roberts case mentioned
above, "[o]f course the intent of [California's open meeting laws] cannot be avoided by subterfuge; a
concerted plan to engage in collective deliberation on public business through a series of letters or
telephone calls passing from one member of the governing body to the next would violate the open
meeting requirement." (20 Cal. Rptr. 2d at 337.)
Thus, for example, in the Dewey case mentioned above, the Nevada Supreme Court analyzed whether a
violation of that state's public meeting laws occurred when staff of a redevelopment agency met with
the entire governing body of the agency outside the scope of a public meeting in separate groups of less
than a quorum. The Nevada Supreme Court concluded that no violation occurred because staff did not
share the thoughts, questions, or opinions of the members who attended one briefing with the
members who attended another briefing. Further, the court stated that there was no evidence of
polling by the staff to determine the opinions or votes of the members of the governing body. In
addition, the court concluded that there was no evidence in the record that the briefings resulted in the
governing body taking action or deliberating on the issue outside of a public meeting. Dewey v.
Redevelopment Agency of the City of Reno, 119 Nev. 87, 64 P. 3d 1070 (2003)
Likewise, the Florida attorney general has advised that a school board member may prepare and
circulate an informational memorandum or position paper to other board members without violating
that state's open meeting laws. However, the attorney general cautioned that use of a memorandum to
solicit comments from other board members or the circulation of responsive memoranda by other
board members would violate the open meeting laws as such actions would constitute deliberations.
(Fla. Atty. Gen. Op. 96 -35 (1996); see also, Fla. Atty. Gen. Op. 01 -20 (e -mail communication of factual
background information from one council member to another is a public record but does not constitute
a meeting subject to the Florida's open meeting laws when it does not result in the exchange of council
members' comments or responses on subjects requiring council action).
Following in the footsteps of these other states, the Lane County decision provides the first instance in
Oregon where a court has found a violation of the state's public meeting laws because of the use of
serial meetings. Because of this, city officials and employees in Oregon should be careful not to engage
in serial meetings where the thoughts, questions or views of a quorum of a governing body are shared.
One -way communications are likely still permissible, but communications that could constitute
deliberations or even worse reaching a decision should be avoided.
Lesson #4— Knowledge of the requirements of the public meeting laws and failure to comply with those
requirements might constitute willful misconduct that would subject individual city councilors to personal
liability.
State law includes provisions that require a public body to pay the attorney fees of a plaintiff that is
successful in proving a violation of Oregon's open meeting laws. (ORS 192.680(3).) The law further
provides that if the violation is the result of willful misconduct by any individual member or members of
the governing body, that the member or members shall be jointly and severally liable to the public body
for the amount required to be paid to the plaintiffs. (ORS 192.680(4).) The open meeting laws,
however, do not define what constitutes "willful misconduct" for the purposes of determining the
liability of individual members of a governing body.
In the Lane County decision, the court set forth two different tests that could be used to determine if a
public official engaged in willful misconduct in the context of a violation of the public meeting laws.
First, the court explained that willful misconduct could require that a public official act with "a conscious
objective to violate those particular statutory provisions." In other words, it is conduct that is intended
to cause a particular result — a violation of the law. Second, the court explained that, willful misconduct
could occur if an official "had knowledge of the law's requirements and thereafter failed to follow those
requirements." (Slip Op. at 39.) Because the court concluded that two of the commissioners engaged in
willful misconduct under either standard, the court did not decide which standard the public meeting
laws require to be proven before liability may be imposed on individual public officials. As part of its
conclusion, however, the court specifically mentioned the fact that the commissioners ignored advice
from the county counsel to cease engaging in deliberations outside the scope of a public meeting. (Slip.
Op. at p. 41.)
As a consequence of the court's decision, city officials should be mindful that a court could very well
apply the lesser standard — knowledge of the law's requirements and a failure to follow those
requirements — to any violations of the public meeting laws. As such, city officials are encouraged to ask
their city staff and city attorneys questions when there is uncertainty about what the public meeting
laws require. Likewise, city officials should adhere to advice provided by their city staff members and
city attorneys, as failure to do so might result in a finding of willful misconduct.
The Lane County decision may still be appealed to the Oregon Court of Appeals and the Oregon
Supreme Court, either of which could reverse the decisions made by the circuit court. Nonetheless,
until such time as a reversal occurs, city officials and employees should be mindful of the lessons learned
from the Lane County decision.
A copy of the circuit court's decision in the Lane County case is available on the League's web site at:
http: / /www.orcities.org /Portals /17/ Publications / Newsletters /Weekly /dumdi - handy-
openmeetingdecision- 2011- 01- 18.pdf.
Editor's Note: Because of the complexities and nuances of the law in this area and of the court's opinion,
this article is necessarily general and is not intended to provide legal advice. This article should not serve
as a substitute for competent legal counsel. Please consult with your city attorney to ensure that that
you fully comply with Oregon's public meeting laws.
9 T j
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, ; 1.l- Enriching our future by a -cal
EST 1.97 + r , lwrII `:i preserving o past
7, iiIIIhIIIIINII{ p
February 5, 2011 City of Ti a
Adrninistr ion
Dear Mayor Dirksen and City Council Members,
It is my understanding that the City Council sets the fee policy l of the city property when the the
Council to either waive the $595 fee for a review of the hist oric overlay
John Tigard House Museum is located.
Since I don't know how familiar you are with the Tigard Historical
established and 979 Elsip with
the Tigard community, I would like to recap our history. THA as
Ames agreed to sell the John Tigard house for $1. We moved t e house of o its Highd way 99 do t.
up the hill to 10310 SW Canterbury Lane. The land at that time g
The house was restored and placed on the National Historic Register In Pl ces. The
30 interior has been
restored to its 1880 period and furnished with appropriate
substantial collection of Tigard memorabilia and artifacts have c bez been The accumulated
band accessione
has been d. The
attic was finished and has become the repository for the Colle 0
outfitted as a multi -media room. The archives are available for research by the public.
As you know the Tigard Water District sold the land site of he John Tig rd has s a Museum
crk ov and the . On
ad forest to the City of. Tigard in 2010. On Tigard maps, p p
September 29, 2010 THA and the City of Tigard signed a Lease
that Ag ld insert a p t lease
President of THA I convinced the THA Board of Directors
a reement that reads: " In the event that the Lessee ceases to exist, the
the Building, alon
tng with
ts o
of historic items, and any remaining g remainin monies of Lessee will become property
monies will be held in trust for the exclusive useof aintai i n t B ildin a condition dition that is
sufficient to support maintenance of the Building public
le Scout
In the past two years, the John Tigard House Museum Vhas �b n W s the of Eagle Tanner
projects: the raised garden beds and the front cement Y
in
Dean. The rebuilt back porch and the handicap ramp was the project ct of Eagle Scout o Tan Ol dIa fo
2010. Now we have another opportunity: Tanner Bean building would be a good facsimile of a 1880
storage building in the sw corner of the property.
structure so that the lines of the building would mimic the architectural lines of John Tigard
painted white
1.e: a steeply pitched. roof with wooden The n mustimeet siding which
set by the THA Board of
with rosy red trim to match the house. g
Directors. Then the project must be approved by the Boys Scouts of America's Troop #843's District
Board. I have met with Tanner Bean and his father, Jim Bean twice discussing the project.
4 9 KIST
Esc x97 - " I1q Enriching our future by
�'s'��Iiilllillllllll�= ti' preserving our past
oc i A`C ..
Because the property site has a historic overlay, the storage building cannot be built without approval of
the City of Tigard. This would involve paying a $595 fee to review whether the Eagle Scout -built
storage building is appropriate for the site. As a 501c3, THA is a non- profit•organization for the sole
purpose of preserving Tigard cultural history. Although we have an endowment due to the generosity of
Grace Tigard Houghton, we must be very frugal due to the difficulty of making earnings from our
investments. As you know non - profits have a particularly difficult challenge in economic downturns as
we are experiencing now.
THA will guarantee that the storage building will be an appropriate addition to the site; one that is badly
needed. We need a storage building to house our recently purchased 1876 apple cider press which stands
5 feet high. Also, we have been unable to accept historical small farm tools and equipment for lack of
storage space.
I am writing this letter because I will be in Central America from March 15 -30. Since I do not know
when the City Council will consider THA's request, I wanted you to have this background information.
It is our hope that the City Council can meet our request.
Sincerel ,
Mary Fe r
THA'President
503- 639 -1816
Other contact information:
Martha Worley
THA Vice President
503- 747 -9856
AGENDA ITEM NO. 2 - CITIZEN COMMUNICATION DATE: Feb. 22, 2011
(Limited to 2 minutes or less, please)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record The names and addresses of persons 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 /' 0 U
help the presiding officer pronounce:
c e
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
Study Session — 2 -22 -11
AIS -300 Item #: A.
Business Meeting
Date: 02/22/2011
Length (in minutes): 10 Minutes
Agenda Title: Discussion of Downtown Gateway Feature at Hall Blvd. /Pacific Hwy. Intersection
Submitted By: Sean Farrelly
Community Development
Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business
Mtg - Study Sess.
ISSUE
Give direction to staff for the design of a gateway feature on a City -owned site at the intersection of Hall Blvd.
and Pacific Hwy.
STAFF RECOMMENDATION / ACTION REQUEST
Review and give direction to staff on the design of a potential gateway feature at Hall Blvd and Pacific Hwy. The
CCDA could direct staff to:
• Develop interim options for a gateway feature with costs ranging between $5,000 and $25,000;
• Develop permanent gateway feature with costs ranging between $45,000 and $60,000 or more, or
• Not take action on a gateway feature at this time.
KEY FACTS AND INFORMATION SUMMARY
As part of the Pacific Highway /Hall Blvd intersection redesign, the Hall /99 Auto Repair property was purchased.
After the construction of the turn lane and sidewalk, a publicly owned site of approximately 1800 square feet
remains.
The Tigard Downtown Improvement Plan (TDIP) recommends that the area in the vicinity of the Hall Blvd. /
Pacific Hwy intersection be redeveloped with mid -sized retail land uses. A Downtown gateway feature is also
part of the recommendation. Its purpose is to serve as a visible entry and landmark into Downtown. The TDIP
does not propose a specific gateway design, but it does recommend that it be designed as an element which
"brands" the Downtown. A more immediate need to screen the views into neighboring properties (a garage and the
Mixers Bar and Grill's trash collection area).
The CCDA is requested to give direction to staff as to whether to proceed with either an "interim" feature or a more
permanent one.
"Interim" Design
A final design for the site could be deferred until a future larger redevelopment project occurs that would include
the City -owned site and the adjacent sites (Mixers and 12005 SW Hall- a single family house, and the neighboring
shopping centers.) In the meantime an aesthetically pleasing "interim" gateway feature could be developed.
Both of the following interim options would address the immediate need for aestheitics and screening.
Also, features of both could be adpated into a permanent feature.
Interim Option 1- Landscaping /Trees: This option would implement a simple landscape plan including planting
of large trees. These trees, alone or with additional treatment, such lawn, shrubs of flower beds serve as an
attractive Downtown entryway feature. The cost of the option is variable - between $5,000 and $15,000 For
example, planting several 10' tall trees and associated irrigation would likely be under $5,000. Lawn, shrub or
flower beds and an expanded irrigation system could increase the price as would a wooden fence or other elements
to screen the adjacent sites.
Interim Option 2- Landscaping/Benches /Path: The City's on- retainer landscape architect was requested to design a
more refined interim gateway plan (attachment 3). The site's small size and its proximity to extremely high traffic
volumes made it a challenge to develop usable space that would attract people. Placeholder ideas included a chess
table or a site for temporary art installation. The cost of this option is also variable and is estimated at between
$18,000 to $25,000 depending on its refinement. This includes the cost of a decomposed granite pathway,
benches, a trash receptacle, irrigation, and a fence screening the adjacent properties.
Permanent Option- Entryway Monument Feature
CCDA may also direct staff to develop a "permanent" gateway feature, recognizing that the neighboring properties
may not realistically redevelop for several more years. Such a feature could be integrated into any future
redevelopment of the surrounding properties (see conceptual design in Attachment 4).
A permanent option would include a monument feature to serve as a visual focal point. It could be be similar in
design (though smaller in scale) to the gateway at Burnham and Hall and include significant trees, landscaping, a
bench, and screening fences. The cost of this of the permanent option, based on the the Burnham Street gateway
design would be $60,000 or more. The stonework is estimated to be about $45,000 with landscaping, paving,
irrigation, and site furniture costing between $15,000 and $20,000.
CCAC Recommendation
At its January, 2011 meeting the CCAC's general consensus was to recommend the permanent option, with an
entryway stone monument, significant trees, and screening. They expressed a reluctance to spend money for an
interim feature and then spend more money to replace it later.
OTHER ALTERNATIVES
CCDA could direct staff and the CCDA to pursue another option for the site. For example, the project could be
scaled down which could involved screening the adjacent properties only and do minimal unirrigated
landscaping such wildflower planting. Another option is that the site could be improved and it could be a location
for public art.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Goal 2. Implement Downtown and Town Center Redevelopment Opportunities
Downtown Streetscape Design Plan
Tigard Downtown Improvement Plan
DATES OF PREVIOUS COUNCIL CONSIDERATION
September 26, 2006. City Center Development Agency Resolution 06 -02 adopted the Streetscape Design Plan as
the guiding document for improvements to Downtown streetscapes, gateways, public spaces, and green streets.
Fiscal Impact
Cost: $5,000- $60,000
Budgeted (yes or no): no
Where Budgeted (department /program): CCDA budget
Additional Fiscal Notes:
The 2010-11 CCDA budget includes sufficient funds to pay for an interim or a permanent gateway treatment.
This project was not budgeted for in FY2010 -11, however it could be paid for by reprioritizing a combination of
the budgeted $65,000 Opportunity Fund (as yet unspent) and funds from Redevelopment /Marketing/ Real Estate
Studies and Assistance professional services (likely to have approximately $30,000 of unspent budget capacity).
Reprioritizing budget capacity to the Gateway Feature will mean that the funds are not available for the other
purposes this fiscal year.
In addition to the capital cost, the annual Public Works maintenance costs (for any of the options) are estimated at
up to $5,000. This high visibility location would require a higher than typical degree of maintenance.
Attachments
Aerial Map
Existing Conditions
Interim Option 2
Monument Option
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AIS -381 Item #: 3. A.
Business Meeting
Date: 02/22/2011
Length (in minutes): Consent Item
Agenda Title: Approve City Council Meeting Minutes
Submitted By: Cathy Wheatley
Administration
Item Type: Motion Requested Meeting Type: Consent Agenda -
Approve Minutes
ISSUE
STAFF RECOMMENDATION / ACTION REQUEST
Approve minutes as proposed.
KEY FACTS AND INFORMATION SUMMARY
Minutes will be attached to this Agenda Item Summary statement when final drafts are ready to submit to the City
Council.
OTHER ALTERNATIVES
Amend draft minutes.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
November 16. 2010 Meeting
January 25. 201 1 Meeting Minutes
AIS -382 Item #: 3. B.
Business Meeting
Date: 02/22/2011
Length (in minutes): Consent Item
Agenda Title: Receive and File: Meeting Minutes of the November 8, 2010 Joint Meeting with the Lake
Oswego City Council
Submitted By: Cathy Wheatley
Administration
Item Type: Receive and File Meeting Type: Consent - Receive
and File
t ISSUE
Receive and file the Council Calendar and the Tentative Agenda for future Council meetings.
STAFF RECOMMENDATION / ACTION REQUEST
No action requested; this is a receive and file item for information.
KEY FACTS AND INFORMATION SUMMARY
The Council Calendar and the Tentative agenda for future Council meetings are attached.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A - Receive and File Items
Attachments
Joint Lake Oswego /Tigard City Council Meeting Minutes - November 8. 2010
AIS -310 Item #: 3. C.
Business Meeting
Date: 02/22/2011
Length (in minutes): Consent Item
Agenda Title: Approve an Intergovernmental Agreement with ODOT for Administration of Right -of -Way
Services for the Main Street /Green Street Retrofit Project
Submitted By: Kim McMillan
Public Works
Item Type: Meeting Type: Consent Agenda
ISSUE
Shall the Council approve the intergovernmental agreement (IGA) with the Oregon Department of Transportation
(ODOT) to administer funds for right -of -way services for the Main Street /Green Street Retrofit project and
authorize the Mayor to execute the agreement?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Council approves the IGA and authorizes the Mayor to execute the agreement.
KEY FACTS AND INFORMATION SUMMARY
• The Council was briefed on this IGA during a study session on February 8.
• The Main Street /Green Street Retrofit project, funded by a Metropolitan Transportation Improvement
Program grant, will rebuild portions of Main Street to incorporate "green street" elements like stormwater
planters, LED street lights, and additional pedestrian amenities.
• The City received a $2.5 million federally funded grant from Metro to complete the project.
• Although Metro awarded the grant, federally funded transportation grants are administered by ODOT. The
Council has already approved an IGA giving ODOT the authority to administer grant funds for project design
and construction.
• Preliminary work on the project indicates minor right -of -way adjustments will be needed.
• ODOT requires a separate IGA to administer grant funds for right -of -way acquisition and to ensure federal
right -of -way requirements are met.
• The IGA caps ODOT's fees to administer right -of -way services at $10,000. This amount can only be
increased by mutual agreement of the City and ODOT. Right -of -way administration fees will be billed to the
project.
• The IGA was reviewed by the City Attorney's office.
OTHER ALTERNATIVES
The Council could decide not to approve the IGA. However, failure to approve the IGA will prevent the City from
using federal grant dollars for right -of -way acquisition and may also jeopardize the City's federal funding for other
aspects of the project.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
2010 Council Goal No. 2, "Implement Downtown Urban Renewal"
Adopted Plans:
Tigard Downtown Streetscape Design Plan, (2006)
City Center Urban Renewal Plan, (2005)
DATES OF PREVIOUS COUNCIL CONSIDERATION
The Council was briefed on this IGA during its February 8, 2011 study session.
Fiscal Impact
Cost: $10,000
Budgeted (yes or no): Yes
Where Budgeted (department /program): Downtown CIP
Additional Fiscal Notes:
This project is funded by a combination of a $2.5 million grant from Metro and City resources. In the Adopted
2010 -2015 Capital Improvement Plan (CIP), the City is providing $450,000 from the Gas Tax Fund as well as an
additional $200,000 from the Water Fund during fiscal year 2010-2011. The Gas Tax resources will be used for
the City's portion of design and engineering, construction, construction management, and project management.
The Water Fund resources will be used for water line work that will be done during the construction phase of this
project.
Charges resulting from this IGA are capped at $10,000 and will come out of the $53,333 for the design and
engineering portion of the project.
Most of the grant funds are expected to be used during fiscal year 2011-2012.
Attachments
IA
Agenda Item No. 3. C_ -. C .. IY1 P 114'
Meeting of • I
Misc. Contracts and Agreements
No.26897
INTERGOVERNMENTAL AGREEMENT
FOR RIGHT OF WAY SERVICES
SW Main Street: 99W to Rail Corridor
THIS AGREEMENT is made and entered into by and between the STATE OF
OREGON, acting by and through its Department of Transportation, hereinafter referred
to as "State "; and the CITY OF TIGARD, acting by and through its elected officials,
hereinafter referred to as "Agency," both herein referred to individually or collectively as
"Party" or "Parties."
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 283.110,
366.572 and 366.576, state agencies may enter into agreements with units of local
government or other state agencies for the performance of any or all functions and
activities that a Party to the agreement, its officers, or agents have the authority to
perform.
2. By the authority granted in ORS 366.425, State may accept deposits of money or an
irrevocable letter of credit from any county, city, road district, person, firm, or
corporation for the performance of work on any public highway within the State. When
said money or a letter of credit is deposited, State shall proceed with the Project.
Money so deposited shall be disbursed for the purpose for which it was deposited.
3. That certain SW Main Street is a city street under the jurisdiction and control of
Agency and Agency may enter into an agreement for the acquisition of real property.
4. n /a, is a part of the state highway system under the jurisdiction and control of the
Oregon Transportation Commission (OTC).
5. This Agreement shall define roles and responsibilities of the Parties regarding the real
property to be used as part of right of way for road, street or construction of public
improvement. The scope and funding may be further described in Local Agency
Agreement number 25365. Hereinafter, all acts necessary to accomplish services in
this Agreement shall be referred to as "Project."
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the Parties hereto as follows:
R/W Services IGA (Revised April 2010) - 1 -
TERMS OF AGREEMENT
1. Under such authority, State and Agency agree to perform certain right of way activities
shown in Special Provisions - Exhibit A, attached hereto and by this reference made a
part hereof. If the State performs right of way services on behalf of the Agency, under
no conditions shall Agency's obligations for said services exceed a maximum of
$10,000, including all expenses, unless agreed upon by both Parties.
2. The work shall begin on the date all required signatures are obtained and shall be
completed no later than (ten) 10 calendar years, on which date this Agreement
automatically terminates unless extended by a fully executed amendment.
3. The process to be followed by the Parties in carrying out this Agreement is set out in
Exhibit A.
4. It is further agreed both Parties will strictly follow the rules, policies and procedures of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended, ORS Chapter 35 and the "State Right of Way Manual ".
STATE OBLIGATIONS
1. State shall perform the work described in Special Provisions - Exhibit A.
2. With the exception of work related to appraisals, State shall not enter into any
subcontracts for any of the work scheduled under this Agreement without obtaining
prior written approval from Agency.
3. If the State performs right of way services on behalf of the Agency, State shall perform
the service under this Agreement as an independent contractor and shall be
exclusively responsible for all costs and expenses related to its employment of
individuals to perform the work under this Agreement including, but not limited to,
retirement contributions, workers compensation, unemployment taxes, and state and
federal income tax withholdings.
4. State's right of way contact person for this Project is Matt Gossett, Right -of -Way
Agent, 123 NW Flanders St, Portland, OR 97209 -4012 , 503 - 731 -8425,
matthew .c.gossett @odot.state.or.us, or assigned designee upon individual's absence.
AGENCY OBLIGATIONS
1. Agency shall perform the work described in Special Provisions - Exhibit A.
2. Agency certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
26897 - 2 -
Agency's current appropriation or limitation of current budget. Agency is willing and
able to finance all, or its pro -rata share of all, costs and expenses incurred in the
Project up to its maximum.
3. Agency may utilize its own staff or subcontract any of the work scheduled under this
Agreement provided Agency receives prior written approval of any staff, consultant or
contractor by the State's Region Right of Way office.
4. Agency represents that this Agreement is signed by personnel authorized to do so on
behalf of Agency.
5. Agency's right of way contact person for this Project is Kim McMillan, Project
Manager, City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223, 503 - 639 -4171,
kim @tigard- or.gov, or assigned designee upon individual's absence.
PAYMENT FOR SERVICES AND EXPENDITURES:
1. In consideration for the services performed by State (as identified in the attached
Exhibit A), Agency agrees to pay or reimburse State a maximum amount of $10,000.
Said maximum amount shall include reimbursement for all expenses, including
travel expenses. Travel expenses shall be reimbursed to State in accordance with
the current Oregon Department of Administrative Services' rates. Any expenditure
beyond federal participation will be from, or reimbursed from, Agency funds.
Payment in Agency and /or federal funds in any combination shall not exceed said
maximum, unless agreed upon by both Parties.
2. Agency agrees to reimburse salaries and payroll reserves of State employees working
on Project, direct costs, costs of rental equipment used, and per -diem expenditures.
GENERAL PROVISIONS:
1. This Agreement may be terminated by either Party upon thirty (30) days' notice, in
writing and delivered by certified mail or in person, under any of the following
conditions:
a. If either Party fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If either Party fails to perform any of the other provisions of this Agreement or so
fails to pursue the work as to endanger performance of this Agreement in
accordance with its terms, and after receipt of written notice fails to correct such
failures within ten (10) days or such longer period as may be authorized.
c. If Agency fails to provide payment of its share of the cost of the Project.
26897 - 3 -
d. If State fails to receive funding, appropriations, limitations or other expenditure
authority sufficient to allow State, in the exercise of its reasonable administrative
discretion, to continue to make payments for performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or interpreted in
such a way that either the work under this Agreement is prohibited or State is
prohibited from paying for such work from the planned funding source.
2. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
3. Agency acknowledges and agrees that State, the Oregon Secretary of State's
Office, the federal government, and their duly authorized representatives shall have
access to the books, documents, papers, and records of Agency which are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts,
and transcripts for a period of six (6) years after final payment. Copies of applicable
records shall be made available upon request. Payment for costs of copies is
reimbursable by State.
4. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235
and 279B.270 incorporated herein by reference and made a part hereof. Without
limiting the generality of the foregoing, Agency expressly agrees to comply with (i)
Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation
Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv)
all regulations and administrative rules established pursuant to the foregoing laws;
and (v) all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
5. All employers, that employ subject workers who work under this Agreement in the
State of Oregon shall comply with ORS 656.017 and provide the required workers'
compensation coverage unless such employers are exempt under ORS 656.126.
Both Parties shall ensure that each of its subcontractors complies with these
requirements.
6. Both Parties shall, to the extent permitted by the Oregon Constitution and the
Oregon Tort Claims Act, indemnify, defend, save, and hold harmless each other,
their officers and employees from any and all claims, suits, or actions may occur in
their respective performance of this Project. Agency's total liability shall not exceed
the tort claims limits provided in Oregon Tort Claims Act, ORS 30.260 to 30.300, for
'local public bodies'.
26897 - 4 -
7. Notwithstanding the foregoing defense obligations under the paragraph above,
neither Party nor any attorney engaged by either Party shall defend any claim in the
name of the other Party or any agency /department/division of such other Party, nor
purport to act as legal representative of the other Party or any of its
agencies /departments /divisions, without the prior written consent of the legal
counsel of such other Party. Each Party may, at anytime at its election assume its
own defense and settlement in the event that it determines that the other Party is
prohibited from defending it, or that other Party is not adequately defending it's
interests, or that an important governmental principle is at issue or that it is in the
best interests of the Party to do so. Each Party reserves all rights to pursue any
claims it may have against the other if it elects to assume its own defense.
8. If federal funds are involved in this Agreement, Exhibits B and C are attached hereto
and by this reference made a part of this Agreement, and are hereby certified to by
Agency.
9. If federal funds are involved in this Agreement, Agency, as a recipient of federal
funds, pursuant to this Agreement with the State, shall assume sole liability for
Agency's breach of any federal statutes, rules, program requirements and grant
provisions applicable to the federal funds, and shall, upon Agency's breach of any
such conditions that requires the State to return funds to the Federal Highway
Administration, hold harmless and indemnify the State for an amount equal to the
funds received under this Agreement; or if legal limitations apply to the
indemnification ability of Agency, the indemnification amount shall be the maximum
amount of funds available for expenditure, including any available contingency funds
or other available non - appropriated funds, up to the amount received under this
Agreement.
10. The Parties hereto agree that if any term or provision of this Agreement is declared
by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict
with any law, the validity of the remaining terms and provisions shall not be affected,
and the rights and obligations of the Parties shall be construed and enforced as if
the Agreement did not contain the particular term or provision held to be invalid.
11. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
12. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
26897 - 5
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
THE PARTIES, by execution of this Agreement, hereby acknowledges that its signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
The Oregon Transportation Commission on May 20, 2009, approved Delegation Order
No. 3, which authorizes the Director and Deputy Director, Highways to approve and
execute all agreements pertaining to real property transactions.
On July 7, 2005, the Director and Deputy Director, Highways approved Subdelegation
Order No. 4, in which the Director and Deputy Director, Highways delegates authority to
the Technical Services Manager /Chief Engineer to approve and execute all agreements
pertaining to real property transactions.
Signature Page to Follow
26897 -6-
Pursuant to a Letter of Authority dated August 3, 2005, the Technical Services
Manager /Chief Engineer authorized the State Right of Way Manager to approve and sign
all Department real property deeds, contracts, agreements, and other documents
pertaining to real property transactions and to approve and execute agreements with
other governmental jurisdictions to employ Right of Way Section staff.
CITY OF TIGARD, by and through STATE OF OREGON, by and through
its elected officials its Department of Transportation
By By
Mayor State Right of Way Manager
Date Date
By APPROVAL RECOMMENDED
Recorder
By
Date Region 1 Right of Way Manager
APPROVED AS TO LEGAL SUFFICIENCY Date
By By
City Attorney
Date Date
Agency Contact: APPROVED AS TO LEGAL SUFFICIENCY
Kim McMillan
13125 SW Hall Blvd By n/a
Tigard, OR 97223 Assistant Attorney General
503 - 718 -2643
kim @tigard- or.gov Date
State Contact: APPROVED
Michele Thom (If Litigation Work Related to Condemnation is
123 NW Flanders to be done by State)
Portland, OR 97209
503 - 731 -8279 By n/a
Michele.R.Thom @odot.state.or.us Chief Trial Counsel
Date
26897 - 7 -
SPECIAL PROVISIONS EXHIBIT A
Right of Way Services
THINGS TO BE DONE BY STATE OR AGENCY
1. Pursuant to this Agreement, the work performed on behalf of the Agency can be
performed by the Agency, the Agency's consultant, or a State Flex Services
consultant. The work may be performed by Agency staff or any of these
representatives on behalf of Agency individually or collectively provided they are
qualified to perform such functions and after receipt of approval from the State's
Region 1 Right of Way Manager. Said approval must be obtained, in writing, prior to
the performance of said activities.
2. With the exception of work related to appraisals, State shall not enter into any
subcontracts for any of the work scheduled under this Agreement without obtaining
prior written approval from Agency.
3. Both Parties will strictly follow the rules, policies and procedures of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, ORS Chapter 35 and the "State Right of Way Manual ".
Instructions: Insert either: State, Agency, or N/A on each line.
A. Preliminary Phase
1. Agency shall provide preliminary cost estimates.
2. Agency shall make preliminary contacts with property owners.
3. Agency shall gather and provide data for environmental documents.
4. Agency shall develop access and approach road list.
5. Agency shall help provide field location and Project data.
B. Acquisition Phase
1. General:
a. When doing the Acquisition work, Agency shall provide State with a status
report of the Project quarterly.
b. Title to properties acquired shall be in the name of the Agency.
26897 - 8 -
c. Prior to the initiation of acquisitions, if title to the properties is to be acquired in
the name of the Agency, the Agency shall adopt a resolution of intention and
determination of necessity in accord with ORS 35.235 and ORS 35.610,
authorizing acquisition and condemnation. If the Oregon Department of Justice
is to handle condemnation work, prior approval evidenced by Chief Trial
Counsel, Department of Justice, signature on this Agreement is required; and
authorization for such representation shall be included in the resolution
adopted by the Agency. Prior approval by Oregon Department of Justice is
required.
2. Legal Descriptions:
a. Agency shall provide sufficient horizontal control, recovery and retracement
surveys, vesting deeds, maps and other data so that legal descriptions can be
written.
b. Agency shall provide construction plans and cross - section information for the
Project.
c. Agency shall write legal descriptions and prepare right of way maps. If the
Agency acquires any right of way on a State highway, the property descriptions
and right of way maps shall be based upon centerline stationing and shall be
prepared in accordance with the current "State Right of Way & Rail /Utility
Coordination Manual ", "Contractor Services Guide" and the "Right of Way
Engineering Manual ". The preliminary and final versions of the property
descriptions and right of way maps must be reviewed and approved by the
State.
d. Agency shall specify the degree of title to be acquired (e.g., fee, easement).
3. Real Property and Title Insurance:
a. Agency shall provide preliminary title reports, if State determines they are
needed, before negotiations for acquisition commence.
b. Agency shall determine sufficiency of title (taking subject to). If the Agency
acquires any right of way on a State highway, sufficiency of title (taking subject
to) shall be determined in accordance with the current "State Right of Way
Manual" and the "Contractor Services Guide ". Agency shall clear any
encumbrances necessary to conform to these requirements, obtain Title
Insurance policies as required and provide the State copies of any title policies
for the properties acquired.
26897 - 9 -
c. Agency shall conduct a Level 1 Hazardous Materials Study within project
limits to detect presence of hazardous materials on any property purchase,
excavation or disturbance of structures, as early in the project design as
possible, but at a minimum prior to property acquisition or approved design.
d. Agency shall conduct a Level 2 Site Investigation of sufficient scope to
confirm the presence of contamination, determine impacts to properties and
develop special provisions and cost estimates, if the Level 1 Corridor study
indicates the potential presence of contamination that could impact the
properties.
• If contamination is found, a recommendation for remediation will be
presented to State.
e. Agency shall be responsible for arrangement of any necessary remediation.
f. Agency shall conduct asbestos, lead paint and other hazardous materials
surveys for all structures that will be demolished, renovated or otherwise
disturbed. Asbestos surveys must be conducted by an AHERA (asbestos
hazard emergency response act) certified inspector.
4. Appraisal:
a. Agency shall conduct the valuation process of properties to be acquired.
b. Agency shall perform the Appraisal Reviews.
c. Agency shall recommend Just Compensation, based upon a review of the
valuation by qualified personnel.
5. Negotiations:
a. Agency shall tender all monetary offers to land- owners in writing at the
compensation shown in the appraisal review. Conveyances taken for more or
less than the approved Just Compensation will require a statement justifying
the settlement. Said statement will include the consideration of any property
trades, construction obligations and zoning or permit concessions. If State
performs this function, it will provide the Agency with all pertinent letters,
negotiation records and obligations incurred during the acquisition process.
b. State and Agency shall determine a date for certification of right of way and
agree to cosign the State's Right of Way Certification form. State and Agency
agree possession of all right of way shall occur prior to advertising of any
26897 - 10 -
construction contract, unless appropriate exceptions have been agreed to by
Agency and State.
c. Agency agrees to file all Recommendations for Condemnation at least seventy
(70) days prior to the right of way certification date if negotiations have not
been successful on those properties.
6. Relocation:
a. Agency shall perform any relocation assistance, make replacement housing
computations, and do all things necessary to relocate any displaced Parties on
the Project.
b. Agency shall make all relocation and moving payments for the Project.
c. Agency shall perform the relocation appeal process.
C. Closing Phase
1. Agency shall close all transactions. This includes drawing of deeds, releases and
satisfactions necessary to clear title, obtaining signatures on release documents,
and making all payments. If Agency is handling the closing, State shall submit all
signed Final Report packets, information required by the Uniform Act, and
agreements to the Agency.
2. Agency shall record conveyance documents, only upon acceptance by appropriate
agency.
D. Property Management
1. Agency shall take possession of all the acquired properties. There shall be no
encroachments of buildings or other private improvements allowed upon the State
highway right of way.
2. Agency shall dispose of all improvements and excess land.
E. Condemnation
1. N/A may offer mediation if the Parties have reached an impasse.
2. Agency shall perform all administrative functions in preparation of the
condemnation process, such as preparing final offer and complaint letters.
26897 - 11 -
3. Agency shall perform all legal and litigation work related to the condemnation
process. (If State agrees to handle legal and litigation work, prior approval
evidenced by Chief Trial Counsel, Department of Justice, signature on this
Agreement is required. Where it is contemplated that property will be obtained for
Agency for the Project, such approval will be conditioned on passage of a
resolution by Agency substantially in the form attached hereto as Exhibit D, and by
this reference made a part hereof, specifically identifying the property being
acquired.)
4. Where State shall perform legal or litigation work related to the condemnation
process, Agency acknowledges, and agrees and undertakes to assure that no
member of Agency's board or council, nor Agency's mayor, when such member or
mayor is a practicing attorney, nor Agency's attorney nor any member of the law
firm of Agency's attorney, board or council member, or mayor, will represent any
Party, except Agency, against the State of Oregon, its employees or contractors, in
any matter arising from or related to the Project which is the subject of this
Agreement.
F. Transfer of Right of Way to State
If applicable, Agency agrees to transfer to the State all right of way acquired on the
State highway which was acquired in the Agency's name. The specific method of
conveyance will be determined by the Agency and the State at the time of transfer and
shall be coordinated by the State's Region Right of Way Manager. Agency agrees to
provide the State all information and file documentation the State deems necessary to
integrate the right of way into the State's highway system. At a minimum, this includes:
copies of all recorded conveyance documents used to vest title in the name of the
Agency during the right of way acquisition process, and the Agency's Final Report or
Summary Report for each acquisition file that reflects the terms of the acquisition and
all agreements with the property owner(s).
26897 -12-
For purposes of Exhibits B and C, references to Department shall mean State, references to Contractor
shall mean Agency, and references to Contract shall mean Agreement.
EXHIBIT B (Local Agency or State Agency)
CONTRACTOR CERTIFICATION
Contractor certifies by signing this Contract that Contractor has not:
(a) Employed or retained for a commission, percentage, brokerage, contingency fee or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above Contractor) to solicit or secure this Contract,
(b) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the
services of any firm or person in connection with carrying out the Contract, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above Contractor), any fee, contribution, donation or consideration
of any kind for or in connection with, procuring or carrying out the Contract, except as here
expressly stated (if any):
Contractor further acknowledges that this certificate is to be furnished to the Federal Highway
Administration, and is subject to applicable State and Federal laws, both criminal and civil.
DEPARTMENT OFFICIAL CERTIFICATION
Department official likewise certifies by signing this Contract that Contractor or his /her representative has
not been required directly or indirectly as an expression of implied condition in connection with obtaining or
carrying out this Contract to:
(a) Employ, retain or agree to employ or retain, any firm or person or
(b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation or
consideration of any kind except as here expressly stated (if any):
Department official further acknowledges this certificate is to be furnished to the Federal Highway
Administration, and is subject to applicable State and Federal laws, both criminal and civil.
Exhibit C
Federal Provisions
Oregon Department of Transportation
CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION
Contractor certifies by signing this Contract that to the best of its knowledge and belief, it and its
principals:
26897 - 13 -
1. Are not presently debarred, suspended,
proposed for debarment, declared ineligible or 2. The inability to provide the certification
voluntarily excluded from covered required below will not necessarily result in
transactions by any Federal department or denial of participation in this covered
agency; transaction. The Contractor shall explain
why he or she cannot provide the
2. Have not within a three -year period preceding certification set out below. This explanation
this Contract been convicted of or had a civil will be considered in connection with the
judgment rendered against them for Department determination to enter into this
commission of fraud or a criminal offense in transaction. Failure to furnish an explanation
connection with obtaining, attempting to shall disqualify such person from
obtain or performing a public (federal, state or participation in this transaction.
local) transaction or contract under a public 3. The certification in this clause is a material
transaction; violation of federal or state representation of fact upon which reliance
antitrust statutes or commission of was placed when the Department
embezzlement, theft, forgery, bribery determined to enter into this transaction. If it ,
falsification or destruction of records, making is later determined that the Contractor
false statements or receiving stolen property; knowingly rendered an erroneous
certification, in addition to other remedies
3. Are not presently indicted for or otherwise available to the Federal Government or the
criminally or civilly charged by a Department may terminate this transaction
governmental entity (federal, state or local) for cause of default.
with commission of any of the offenses
enumerated in paragraph (1)(b) of this 4. The Contractor shall provide immediate
certification; and written notice to the Department if at any
time the Contractor learns that its
4. Have not within a three -year period preceding certification was erroneous when submitted
this Contract had one or more public or has become erroneous by reason of
transactions (federal, state or local) changed circumstances.
terminated for cause or default.
5. The terms "covered transaction ", "debarred ",
Where the Contractor is unable to certify to any of "suspended ", "ineligible ", "lower tier covered
the statements in this certification, such prospective transaction ", "participant ", "person ", "primary
participant shall submit a written explanation to covered transaction ", "principal ", and
Department. "voluntarily excluded ", as used in this clause,
have the meanings set out in the Definitions
List exceptions. For each exception noted, indicate and Coverage sections of the rules
to whom the exception applies, initiating agency, and implementing Executive Order 12549. You
dates of action. If additional space is required, attach may contact the Department's Program
another page with the following heading: Certification Section (Tel. (503) 986 -3400) to which this
Exceptions continued, Contract Insert. proposal is being submitted for assistance in
obtaining a copy of those regulations.
EXCEPTIONS:
6. The Contractor agrees by entering into this
Exceptions will not necessarily result in denial of Contract that, should the proposed covered
award, but will be considered in determining transaction be entered into, it shall not
Contractor responsibility. Providing false information knowingly enter into any lower tier covered
may result in criminal prosecution or administrative transactions with a person who is debarred,
sanctions. suspended, declared ineligible or voluntarily
excluded from participation in this covered
The Contractor is advised that by signing this transaction, unless authorized by the
Contract, the Contractor is deemed to have signed Department or agency entering into this
this certification. transaction.
II. INSTRUCTIONS FOR CERTIFICATION
REGARDING DEBARMENT, SUSPENSION, 7. The Contractor further agrees by entering
AND OTHER RESPONSIBILITY MATTERS— into this Contract that it will include the
PRIMARY COVERED TRANSACTIONS Addendum to Form FHWA -1273 titled,
"Appendix B -- Certification Regarding
1. By signing this Contract, the Contractor is Debarment, Suspension, Ineligibility and
providing the certification set out below. Voluntary Exclusion - -Lower Tier Covered
Transactions ", provided by the Department 2. The certification in this clause is a material
entering into this covered transaction without representation of fact upon which reliance
modification, in all lower tier covered was placed when this transaction was
transactions and in all solicitations for lower entered into. If it is later determined that the
tier covered transactions. prospective lower tier participant knowingly
rendered an erroneous certification, in
8. A participant in a covered transaction may addition to other remedies available to the
rely upon a certification of a prospective Federal Government, the department or
participant in a lower tier covered transaction agency with which this transaction originated
that it is not debarred, suspended, ineligible may pursue available remedies, including
or voluntarily excluded from the covered suspension and /or debarment.
transaction, unless it knows that the
certification is erroneous. A participant may 3. The prospective lower tier participant shall
decide the method and frequency by which it provide immediate written notice to the
determines the eligibility of its principals. person to which this Contract is submitted if
Each participant may, but is not required to, at any time the prospective lower tier
check the Nonprocurement List published by participant learns that its certification was
the U. S. General Services Administration. erroneous when submitted or has become
erroneous by reason of changed
9. Nothing contained in the foregoing shall be circumstances.
construed to require establishment of a
system of records to render in good faith the 4. The terms "covered transaction ", "debarred ",
certification required by this clause. The "suspended ", "ineligible ", "lower tier covered
knowledge and information of a participant is transaction ", "participant ", "person ", "primary
not required to exceed that which is normally covered transaction ", "principal ", "proposal ",
possessed by a prudent person in the and "voluntarily excluded ", as used in this
ordinary course of business dealings. clause, have the meanings set out in the
Definitions and Coverage sections of rules
10. Except for transactions authorized under implementing Executive Order 12549. You
paragraph 6 of these instructions, if a may contact the person to which this
participant in a covered transaction Contract is submitted for assistance in
knowingly enters into a lower tier covered obtaining a copy of those regulations.
transaction with a person who is suspended,
debarred, ineligible or voluntarily excluded 5. The prospective lower tier participant agrees
from participation in this transaction, in by submitting this Contract that, should the
addition to other remedies available to the proposed covered transaction be entered
Federal Government or the Department, the into, it shall not knowingly enter into any
Department may terminate this transaction lower tier covered transaction with a person
for cause or default. who is debarred, suspended, declared
ineligible or voluntarily excluded from
III. ADDENDUM TO FORM FHWA -1273, participation in this covered transaction,
REQUIRED CONTRACT PROVISIONS unless authorized by the department or
agency with which this transaction
This certification applies to subcontractors, material originated.
suppliers, vendors, and other lower tier participants.
6. The prospective lower tier participant further
• Appendix B of 49 CFR Part 29 - agrees by submitting this Contract that it will
include this clause titled, "Certification
Appendix B -- Certification Regarding Debarment, Regarding Debarment, Suspension,
Suspension, Ineligibility, and Voluntary Ineligibility and Voluntary Exclusion - -Lower
Exclusion - -Lower Tier Covered Transactions Tier Covered Transaction ", without
modification, in all lower tier covered
Instructions for Certification transactions and in all solicitations for lower
tier covered transactions.
1. By signing and submitting this Contract, the
prospective lower tier participant is providing 7. A participant in a covered transaction may
the certification set out below. rely upon a certification of a prospective
participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible
or voluntarily excluded from the covered
transaction, unless it knows that the percentage, brokerage fee, gifts or any other
certification is erroneous. A participant may consideration contingent upon or resulting
decide the method and frequency by which it from the award or making of this Contract.
determines the eligibility of its principals. For breach or violation of this warranting,
Each participant may, but is not required to, Department shall have the right to annul this
check the nonprocurement list. Contract without liability or in its discretion to
deduct from the Contract price or
8. Nothing contained in the foregoing shall be consideration or otherwise recover, the full
construed to require establishment of a amount of such fee, commission,
system of records to render in good faith the percentage, brokerage fee, gift or contingent
certification required by this clause. The fee.
knowledge and information of a participant is
not required to exceed that which is normally 2. Contractor shall not engage, on a full or
possessed by a prudent person in the part -time basis or other basis, during the
ordinary course of business dealings. period of the Contract, any professional or
technical personnel who are or have been at
9. Except for transactions authorized under any time during the period of this Contract, in
paragraph 5 of these instructions, if a the employ of Department, except regularly
participant in a covered transaction retired employees, without written consent of
knowingly enters into a lower tier covered the public employer of such person.
transaction with a person who is suspended,
debarred, ineligible or voluntarily excluded 3. Contractor agrees to perform consulting
from participation in this transaction, in services with that standard of care, skill and
addition to other remedies available to the diligence normally provided by a professional
Federal Government, the department or in the performance of such consulting
agency with which this transaction originated services on work similar to that hereunder.
may pursue available remedies, including Department shall be entitled to rely on the
suspension and /or debarment. accuracy, competence, and completeness of
Contractor's services.
Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary V. NONDISCRIMINATION
Exclusion - -Lower Tier Covered
Transactions During the performance of this Contract,
Contractor, for himself, his assignees and
a. The prospective lower tier participant successors in interest, hereinafter referred to as
certifies, by entering into this Contract, Contractor, agrees as follows:
that neither it nor its principals is
presently debarred, suspended, 1. Compliance with Regulations. Contractor
proposed for debarment, declared agrees to comply with Title VI of the Civil
ineligible or voluntarily excluded from Rights Act of 1964, and Section 162(a) of
participation in this transaction by any the Federal -Aid Highway Act of 1973 and the
Federal department or agency. Civil Rights Restoration Act of 1987.
Contractor shall comply with the regulations
b. Where the prospective lower tier of the Department of Transportation relative
participant is unable to certify to any of to nondiscrimination in Federally assisted
the statements in this certification, such programs of the Department of
prospective participant shall submit a Transportation, Title 49, Code of Federal
written explanation to Department. Regulations, Part 21, as they may be
amended from time to time (hereinafter
IV. EMPLOYMENT referred to as the Regulations), which are
incorporated by reference and made a part
1. Contractor warrants that he has not of this Contract. Contractor, with regard to
employed or retained any company or the work performed after award and prior to
person, other than a bona fide employee completion of the Contract work, shall not
working solely for Contractor, to solicit or discriminate on grounds of race, creed,
secure this Contract and that he has not paid color, sex or national origin in the selection
or agreed to pay any company or person, and retention of subcontractors, including
other than a bona fide employee working procurement of materials and leases of
solely for Contractors, any fee, commission, equipment. Contractor shall not participate
either directly or indirectly in the access to his books, records, accounts,
discrimination prohibited by Section 21.5 of other sources of information, and his
the Regulations, including employment facilities as may be determined by
practices, when the Contract covers a Department or FHWA as appropriate, and
program set forth in Appendix B of the shall set forth what efforts he has made to
Regulations. obtain the information.
2. Solicitation for Subcontractors, including 5. Sanctions for Noncompliance. In the event of
Procurement of Materials and Equipment. In Contractor's noncompliance with the
all solicitations, either by competitive bidding nondiscrimination provisions of the Contract,
or negotiations made by Contractor for work Department shall impose such agreement
to be performed under a subcontract, sanctions as it or the FHWA may determine
including procurement of materials and to be appropriate, including, but not limited
equipment, each potential subcontractor or to:
supplier shall be notified by Contractor of
Contractor's obligations under this Contract a. Withholding of payments to Contractor
and regulations relative to nondiscrimination under the agreement until Contractor
on the grounds of race, creed, color, sex or complies; and /or
national origin.
b. Cancellation, termination or suspension
3. Nondiscrimination in Employment (Title VII of the agreement in whole or in part.
of the 1964 Civil Rights Act). During the
performance of this Contract, Contractor 6. Incorporation of Provisions. Contractor will
agrees as follows: include the provisions of paragraphs 1
through 6 of this section in every
a. Contractor will not discriminate against subcontract, including procurement of
any employee or applicant for materials and leases of equipment, unless
employment because of race, creed, exempt from Regulations, orders or
color, sex or national origin. Contractor instructions issued pursuant thereto.
will take affirmative action to ensure that Contractor shall take such action with
applicants are employed, and that respect to any subcontractor or procurement
employees are treated during as Department or FHWA may direct as a
employment, without regard to their means of enforcing such provisions,
race, creed, color, sex or national origin. including sanctions for noncompliance;
Such action shall include, but not be provided, however, that in the event
limited to the following: employment, Contractor becomes involved in or is
upgrading, demotion or transfer; threatened with litigation with a
recruitment or recruitment advertising; subcontractor or supplier as a result of such
layoff or termination; rates of pay or direction, Department may, at its option,
other forms of compensation; and enter into such litigation to protect the
selection for training, including interests of Department, and, in addition,
apprenticeship. Contractor agrees to Contractor may request Department to enter
post in conspicuous places, available to into such litigation to protect the interests of
employees and applicants for the State of Oregon.
employment, notice setting forth the
provisions of this nondiscrimination VI. DISADVANTAGED BUSINESS
clause. ENTERPRISE (DBE) POLICY
b. Contractor will, in all solicitations or In accordance with Title 49, Code of Federal
advertisements for employees placed by Regulations, Part 26, Contractor shall agree to
or on behalf of Contractor, state that all abide by and take all necessary and reasonable
qualified applicants will receive steps to comply with the following statement:
consideration for employment without
regard to race, creed, color, sex or DBE POLICY STATEMENT
national origin.
DBE Policy. It is the policy of the United States
4. Information and Reports. Contractor will Department of Transportation (USDOT) to
provide all information and reports required practice nondiscrimination on the basis of race,
by the Regulations or orders and instructions color, sex and /or national origin in the award
issued pursuant thereto, and will permit
and administration of USDOT assist contracts. Any DBE participation attained after the DBE
Consequently, the DBE requirements of 49 goal has been satisfied should be reported to
CFR 26 apply to this Contract. the Departments.
Required Statement For USDOT Financial DBE Definition. Only firms DBE
Assistance Agreement. If as a condition of certified by the State of Oregon, Department of
assistance the Agency has submitted and the Consumer & Business Services, Office of
US Department of Transportation has approved Minority, Women & Emerging Small Business,
a Disadvantaged Business Enterprise may be utilized to satisfy this obligation.
Affirmative Action Program which the Agency
agrees to carry out, this affirmative action CONTRACTOR'S DBE CONTRACT GOAL
program is incorporated into the financial
assistance agreement by reference. DBE GOAL 0 %
DBE Obligations. The Department and its By signing this Contract, Contractor assures
Contractor agree to ensure that Disadvantaged that good faith efforts have been made to meet
Business Enterprises as defined in 49 CFR 26 the goal for the DBE participation specified in
have the opportunity to participate in the the Contract for this project as required by ORS
performance of contracts and subcontracts 200.045, and 49 CFR 26.53 and 49 CFR, Part
financed in whole or in part with Federal funds. 26, Appendix A.
In this regard, Contractor shall take all
necessary and reasonable steps in accordance VII. LOBBYING
with 49 CFR 26 to ensure that Disadvantaged
Business Enterprises have the opportunity to The Contractor certifies, by signing this
compete for and perform contracts. Neither agreement to the best of his or her knowledge
Department nor its contractors shall and belief, that:
discriminate on the basis of race, color, national
origin or sex in the award and performance of 1. No Federal appropriated funds have been
federally- assisted contracts. The Contractor paid or will be paid, by or on behalf of the
shall carry out applicable requirements of 49 undersigned, to any person for influencing or
CFR Part 26 in the award and administration of attempting to influence an officer or
such contracts. Failure by the Contractor to employee of any Federal agency, a Member
carry out these requirements is a material of Congress, an officer or employee of
breach of this Contract, which may result in the Congress or an employee of a Member of
termination of this Contract or such other Congress in connection with the awarding of
remedy as Department deems appropriate. any Federal contract, the making of any
Federal grant, the making of any Federal
The DBE Policy Statement and Obligations loan, the entering into of any cooperative
shall be included in all subcontracts entered into agreement, and the extension, continuation,
under this Contract. renewal, amendment or modification of any
Federal contract, grant, loan or cooperative
Records and Reports. Contractor shall provide agreement.
monthly documentation to Department that it is
subcontracting with or purchasing materials 2. If any funds other than Federal appropriated
from the DBEs identified to meet Contract funds have been paid or will be paid to any
goals. Contractor shall notify Department and person for influencing or attempting to
obtain its written approval before replacing a influence an officer or employee of any
DBE or making any change in the DBE Federal agency, a Member of Congress, an
participation listed. If a DBE is unable to fulfill officer or employee of Congress or an
the original obligation to the Contract, employee of a Member of Congress in
Contractor must demonstrate to Department the connection with this agreement, the
Affirmative Action steps taken to replace the undersigned shall complete and submit
DBE with another DBE. Failure to do so will Standard Form -LLL, "Disclosure Form to
result in withholding payment on those items. Report Lobbying ", in accordance with its
The monthly documentation will not be required instructions.
after the DBE goal commitment is satisfactory
to Department. This certification is a material representation of
fact upon which reliance was placed when this
transaction was made or entered into.
Submission of this certification is a prerequisite
for making or entering into this transaction
imposed by Section 1352, Title 31, U. S. Code.
Any person who fails to file the required
certification shall be subject to a civil penalty of
not less than $10,000 and not more than
$100,000 for each such failure.
The Contractor also agrees by signing this
agreement that he or she shall require that the
language of this certification be included in all
lower tier subagreements, which exceed
$100,000 and that all such subrecipients shall
certify and disclose accordingly.
FOR INQUIRY CONCERNING
DEPARTMENT'S DBE PROGRAM
REQUIREMENT CONTACT OFFICE OF
CIVIL RIGHTS AT (503)986 -4354.
RESOLUTION EXERCISING THE POWER OF EMINENT DOMAN EXHIBIT D
Right of Way Services
WHEREAS City of Tigard may exercise the power of eminent domain pursuant to (Agency's charter)
(statutes conferring authority) and the Law of the State of Oregon generally, when the exercise of such
power is deemed necessary by the City of Tigard's governing body to accomplish public purposes for
which City of Tigard has responsibility;
WHEREAS City of Tigard has the responsibility of providing safe transportation routes for commerce,
convenience and to adequately serve the traveling public;
WHEREAS the project or projects known as Main St.: Rail Corridor to 99W have been planned in
accordance with appropriate engineering standards for the construction, maintenance or improvement
of said transportation infrastructure such that property damage is minimized, transportation promoted,
travel safeguarded; and
WHEREAS to accomplish the project or projects set forth above it is necessary to acquire the interests
in the property described in "Exhibit A," attached to this resolution and, by this reference incorporated
herein; now, therefore
BE IT HEREBY RESOLVED by (Agency's Council, Commission, or Board)
1. The foregoing statements of authority and need are, in fact, the case. The project or
projects for which the property is required and is being acquired are necessary in the public
interest, and the same have been planned, designed, located, and will be constructed in a
manner which will be most compatible with the greatest public good and the least private
injury;
2. The power of eminent domain is hereby exercised with respect to each of the interests in
property described in Exhibit A. Each is acquired subject to payment of just compensation
and subject to procedural requirements of Oregon law;
3. The City of Tigard's staff and the (Agency's Attorney, Counsel, or District's Counsel) are
authorized and requested to attempt to agree with the owner and other persons in interest
as to the compensation to be paid for each acquisition, and, in the event that no satisfactory
agreement can be reached, to commence and prosecute such condemnation proceedings
as may be necessary to finally determine just compensation or any other issue appropriate
to be determined by a court in connection with the acquisition. This authorization is not
intended to expand the jurisdiction of any court to decide matters determined above or
determinable by the (Agency's Council, Commission, or Board).
4. City of Tigard expressly reserves its jurisdiction to determine the necessity or propriety of
any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition.
DATED this day of , 20_
[Complete in the usual style for resolutions of this entity]
AIS -372 Item #: 3. D.
Business Meeting
Date: 02/22/2011
Length (in minutes): Consent Item
Agenda Title: Financial Impact Report of the City of Tigard's Urban Renewal Plan for Fiscal Year 2009 -10
Submitted By: Sean Farrelly
Community Development
Item Type: Receive and File Meeting Type: Consent Agenda -
CCDA
t ISSUE
Review the Financial Impact Report of the City of Tigard's Urban Renewal Plan for Fiscal Year 2009 -10.
STAFF RECOMMENDATION / ACTION REQUEST
That the City Center Development Agency (CCDA) review the report as provided.
KEY FACTS AND INFORMATION SUMMARY
Urban renewal agencies must prepare an annual financial report for the governing body and public in accordance
with Oregon Revised Statutes 457.460. The attached Financial Impact report for the Fiscal Year that ended June
30, 2010, meets the requirement under the statute. The report includes a financial summary of the preceding year
and the budget for the new fiscal year. It also includes an analysis of the financial impact of carrying out the urban
renewal plan on the tax collections for all affected taxing districts. Recent changes to state law pushed back the
date to prepare this report, to allow audited financial statements to be used.
As summarized in the report, there were expenditures of $72,613 charged to the City Center Development Agency
for fiscal year 2009 -10 primarily related to planning designs for the downtown area. Since the establishment of the
district in 2006, a total of $529,133 in resources have been realized from tax increments generated and loans from
the City's general fund. This amount is balanced with the total urban renewal requirements of $529,133, which
includes debt service, capital outlay and ending funding balance. The majority of the ending fund balance is in the
Debt Service Fund and is limited to the retirement of debt, per the Oregon Revised Statutes, Chapter 457.
The District uses the funds it receives from the division -of -taxes method of calculating property taxes to finance
various urban renewal projects and activities. These property taxes totaled $255,601 in FY 2009 -10 and are
expected to increase to $339,379 in FY 2010-11 per the Washington County assessment summary received after
budget adoption. This projected jump in the tax increment distribution was partially due to an assessment on
utilities (which is distributed by the State on an intermittent basis).
A summary of the report (see Attachment 2) will be advertised in The Tigard Times for two consecutive weeks
before March 1, as per ORS requirements. The report is understandable by the public, professional in appearance,
and provides the required information.
OTHER ALTERNATIVES
Not applicable
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Council Goal 2. Implement Downtown and Town Center Redevelopment Opportunities
City Center Urban Renewal Plan
DATES OF PREVIOUS COUNCIL CONSIDERATION
August 25, 2009, Financial Impact Report for FY 2008 -09 received
Fiscal Impact
Cost: N/A
Budgeted (yes or no): N/A
Where Budgeted (department /program): CCDA
Additional Fiscal Notes:
The report before the CCDA Board for its consideration is a summary of the financial impact of Tigard's Urban
Renewal Agency.
Attachments
CCDA Financial Impact Report
Impact Report ad
Agenda Item No. T -41 n di, Z
Meeting of _ • . • -
U PI
_iii
CCDA
Tigard City Center Development Agency
Financial Impact Report
of the City of Tigard's Urban Renewal Plan
for the fiscal impact year ended
June 30, 2010
CCDA
Tigard City Center Development Agency
Financial Impact Report of the City's Urban Renewal Plan
For the fiscal impact year ended June 30, 2010
Introduction
URBAN RENEWAL AGENCIES must prepare an annual financial report for the governing body
and public in accordance with Oregon Revised Statutes 457.460. The report includes a financial
summary of the preceding year and the budget for the new fiscal year. It also includes an analysis of
the financial impact of carrying out the urban plan on the tax collections for all taxing districts.
Urban Renewal — An Overview
The purpose of urban renewal is to improve specific areas of a community that are poorly developed,
under- utilized, or that have declined over time. These areas can have old, deteriorated buildings; streets
and utilities in serious need of upgrades (or the areas can simply lack streets and utilities altogether),
weak business activity, and few or aging parks and public facilities. Urban renewal is a process
authorized by Oregon law (ORS 457) to finance improvements in these areas using "tax increment
financing." A portion (the increment) of property tax revenues from properties within the urban
renewal district are designated to support financing for improvements to the urban renewal area. While
urban renewal provides for unique funding of improvements to a district, it is not intended that tax
increment financing be the only source of funding. Other sources including ones typically used
for capital improvements such as the gas tax, Traffic Impact Fee (TIF), System Development
Charges (SDC), inter - agency funding, or state grants are programmed to support downtown projects.
For a city government to utilize urban renewal as a funding mechanism, it must establish an urban
renewal agency, and it must adopt an urban renewal plan. The Tigard City Council approved the City
Center Urban Renewal Plan for Downtown in December of 2005. In May 2006, a special ballot measure
was passed by the voters, authorizing the use of tax increment financing (urban renewal) in downtown.
Urban Renewal Finance — A Summary
Urban renewal is a process authorized by Oregon law to finance improvements in those
neighborhoods and districts that need special attention and revitalization. Once a district is
established, the tax valuation for the district is "frozen." As properties appreciate in value, the
increase in taxes (the "increment ") generated above the frozen base are used to pay for debt on
specific projects within the urban renewal plan.
These tax increments are used to repay municipal bonds. Bond proceeds are used to finance
improvements that will revitalize the district. New taxes are not imposed to fund urban renewal.
Bonds and tax increment financing will be used to fund projects in the urban renewal plan. Under
this system, the increment portion of property taxes generated within the urban renewal area is
temporarily shifted to repay the bonds used to finance projects in the City Center.
3
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4
Tigard City Center Development Agency CCDA
Financial Impact Report of the City's Urban Renewal Plan
For the fiscal impact year ended June 30, 2010
Under tax increment financing, when the value of a property within the urban renewal district
increases, the proceeds from property taxes on the increased value (the "tax increment ") go to the urban
renewal district. These proceeds fund further urban renewal projects, either directly or by providing
for the repayment of municipal bonds that fund improvements. The tax increment is unique as a
source of funding, because it is usable only for projects identified in the urban renewal plan.
How Does Urban Renewal Affect Taxes?
With urban renewal and the use of tax increment financing, there is no net change on Tigard
property tax bills. New property taxes are not created as a result of urban renewal. Under today's
Oregon law, property tax rates are fixed. Tigard's City Center Urban Renewal Plan also does not
authorize any "local option" tax levies or special assessments. Tax revenues are generated from the
increase in property values multiplied by current tax rates. These revenues pay for urban renewal
under Oregon law.
History of Tax Increment Financing
In less than two decades, three Ballot Measures — Measure 5 (1990), and Measure 50 (1997) — have
made significant changes to Oregon's system of property taxation. Those changes have influenced
urban renewal programs and tax increment revenue calculations. The provisions of these changes to
the property tax system, Ballot Measures 5 and 50, now are incorporated into Oregon's Constitution,
and into Oregon Urban Renewal Statutes. Those provisions provide the basic framework for
revenue calculations in this report.
Tax Increment Calculations
To determine the amount of the taxes levied, the total assessed value within each urban renewal
area is segregated by the County Assessor into two parts: (a) the total taxable assessed value in
the district at the time the Urban Renewal Plan was adopted (the base or "frozen" value); and (b)
the difference between the frozen base value and the current total assessed value (the incremental
value or "excess "). Revenues derived from the application of the tax rate for each affected taxing
district to the amount of the incremental value may be collected by the urban renewal agency and
deposited in its debt service fund. This revenue is used to repay indebtedness incurred in carrying
out the projects.
Tigard City Center Urban Renewal Plan — Purpose
The stated purpose of the City Center Urban Renewal Plan is to provide improvements in the
downtown area so that it will be economically healthy while maintaining its "uniquely Tigard"
character. The establishment of the Urban Renewal district provides a funding mechanism for
projects in downtown Tigard. For more information, you may review the City Center Urban
5
CCD.,/\. Tigard City Center Development Agency
Financial Impact Report of the City's Urban Renewal Plan
For the fiscal impact year ended June 30, 2010
Renewal Plan and the Report Accompanying the City Center Urban Renewal Plan on line at:
www.tigard- or.gov/ downtown /urban_renewal/ about /docs /urban_renewal_plan.pdf or request a
copy from the City of Tigard.
How was the Urban Renewal Plan developed?
In late 2005, the same citizen - business -City partnership that worked on the Tigard Downtown
Improvement Plan collaborated to find financing for the "catalyst" projects identified in the
Downtown Improvement Plan. Urban renewal and tax increment financing was identified as a
potential source of financing and an urban renewal plan was prepared. The voter - approved Tigard
City Center Urban Renewal Plan provides the special financing for the public improvement projects
identified in the Tigard Downtown Improvement Plan.
What are Tigard's Specific Plans for Urban Renewal?
Under Oregon law, urban renewal can provide special funding for a wide variety of projects and
programs. Tigard's approved City Center Urban Renewal Plan authorizes funding for up to 35
different projects in the City Center over twenty years. Most of the proposed projects in Tigard's
plan are for public improvements and facilities, although some assistance for private businesses
and property owners is provided. The intent of the projects such as new streets, parks, plazas, is to
stimulate new investment in Downtown and create a vibrant, new Town Center with public spaces
that the community can use. As property values rise in the downtown urban renewal district, the
increase in tax revenues generated supports the payment of bonds used to improve the area. Over
time, it is expected that the value of property and taxes generated will be higher through the use of
urban renewal than if left alone.
The Tigard City Council, working closely with dozens of citizens (and after numerous hearings
and meetings) included the following categories of projects in the urban renewal plan: Street
Improvements, Streetscape Improvements, Bicycle and Pedestrian Facilities, Parks, Public Spaces,
Public Facilities, Planning and Development Assistance (for privately owned properties).
Effect of Urban Renewal on Taxing Districts
Carrying out an urban renewal plan has an effect on the County Assessor's calculation for each
taxing district that shares values with Tigard's urban renewal agency. Some property taxes that may
have been received by the taxing bodies that levy property taxes within Tigard's urban renewal area
are being paid to Tigard's urban renewal agency.
Passage of Ballot Measure 50 (Article XI, Section 11 of the Oregon Constitution) resulted in
converting most property taxes from a levy -based system to a rate -based system. Page 8 of this
report shows the financial impact by taxing district for Tigard's urban renewal agency.
6
Tigard City Center Development Agency C cDA
Financial Impact Report of the City's Urban Renewal Plan
For the fiscal impact year ended June 30, 2010
Financial Reports
The financial reports on page 7 and 8 below account for the activities of Tigard's urban renewal
agency. In accordance with ORS 457.460 (1), these reports were prepared by the Finance
Department of the City of Tigard using the same basis of accounting it uses to prepare its financial
statements - modified accrual basis of accounting. These reports are due annually by January 31, so
the information and figures contained herein are based upon audited financial statements. At the end
of each fiscal year, June 30, this financial impact report is prepared which shows the urban renewal
tax impact by taxing district. Copies are available by January 31 at the Tigard Permit Center, 13125
SW I-Iall Blvd., Tigard, 97223.
Statement of Resources and Requirements
As summarized below, City Center Development Agency's 2009 -10 total requirements were $72,613
for expenditures charged to the District as of June 30, 2010. For fiscal year 2010 -11, total budgeted
resources were balanced with requirements of $1,125,318.
The District uses the funds it receives from the division -of -taxes method of calculating property
taxes to finance various urban renewal projects and activities. These property taxes totaled $255,601
in FY 2009 -10 and are expected to increase to $339,379 in FY 2010 -11 per the Washington County
assessment summary received after budget adoption.
Debt Service Fund Capital Projects Fund Total
Actual Budget Actual Budget Actual Budget
2009 -10 2010 -11 2009 -10 2010 -11 2009 -10 2010 -11
Resources:
Beginning Fund Balance 157,579 414,993 27,967 42,500 185,546 457,493
Tax Increment Property Taxes 255,601 212,600 - - 255,601 212,600
Interest Income 895 6,225 - - 895 6,225
Other Financing Sources - - 87,091 449,000 87,091 449,000
Total Resources 414,075 633,818 115,058 491,500 529,133 1,125,318
Requirements:
Debt Service - 249,000 - - - 249,000
Capital Outlay - - 72,613 491,500 72,613 491,500
Ending Fund Balance 414,075 384,818 42,445 - 456,520 384,818
Total Requirements 414,075 633,818 115,058 491,500 529,133 1,125,318
Note: Figures are based upon audited financial statements.
7
CCDA Tigard City Center Development Agency
Financial Impact Report of the City's Urban Renewal Plan
For the fiscal impact year ended June 30, 2010
Detail of Purpose
Capital Projects Fund
Actual Budget
2009 -10 2010 -11
Detail of Purpose:
Capital Outlay:
Burnham Street Reconstruction - 200,000
Land Purchase 65,000
Downtown Pre - Design 72,613 226,500
72,613 491,500
Note: Figures are based upon audited financial statements.
Financial Impact of Urban Renewal Plan on Tax Collections
Base year
FY 2009 -10 FY 2005 -06 Change in Taxes levied Percent of
Total Permanent Incremental Incremental Incremental Impact on total Taxes Divided
Assessed Tax Assessed Assessed Assessed on Assessed for
Taxing District Value Rate Value Value Value Taxes Value Urban Renewal
Education
PCC 4,914,142,310 0.2828 89,594,452 69,207,378 20,387,074 5,765.46 1,389,719 1.82%
NW Regional ESD 4,914,142,310 0.1538 89,594,452 69,207,378 20,387,074 3,135.53 755,795 1.82%
Tigard /Tualatin School District 4,141,385,137 4.9892 89,594,452 69,207,378 20,387,074 101,715.19 20,662,199 2.16%
Local Government
Washington County 4,914,142,310 2.2484 89,594,452 69,207,378 20,387,074 45,838.30 11,048,958 1.82%
Metro 4,914,142,310 0.0966 89,594,452 69,207,378 20,387,074 1,969.39 474,706 1.82%
Port of Portland 4,914,142,310 0.0701 89,594,452 69,207,378 20,387,074 1,429.13 344,481 1.82%
TV Fire & Rescue 4,914,142,310 1.5252 89,594,452 69,207,378 20,387,074 31,094.37 7,495,050 1.82%
City of Tigard 4,914,142,310 2.5131 89,594,452 69,207,378 20,387,074 51,234.76 12,349,731 1.82%
Excluded from M -5 rate limitation
Washington County bonds 4,914,142,310 0.1456 89,594,452 69,207,378 20,387,074 2,948.50 715,499 1.82%
Metro bonds 4,914,142,310 0.1538 89,594,452 69,207,378 20,387,074 2,948.50 755,795 1.82%
PCC bonds 4,914,142,310 0.1751 89,594,452 69,207,378 20,387,074 3,439.91 860,466 1.82%
Tigard /Tualatin School District 4,141,385,137 0.7821 89,594,452 69,207,378 20,387,074 15,737.32 3,238,977 2.16%
Tri -Met bonds 4,914,142,310 0.0863 89,594,452 69,207,378 20,387,074 1,474.25 424,090 1.82%
Note: The division -of -taxes process results in some property taxes that may have been received by the "taxing districts" that
levy property taxes within the urban renewal area (for example, Washington County, NW Regional ESD) being paid over to
Tigard's urban renewal agency. The taxing districts forgo a share of the property tax income during the life of an urban renewal
plan so that the urban renewal agencies can carry out activities that increase property values in the long term. The above table
shows the urban renewal tax impact by taxing district using permanent rates established pursuant to Measure 50.
Attachment: Notice of Report Availability — published twice in the Tigard Times.
8
Agenda Item No. 3. D -- (I a cJI t
Meeting of . cam? ; c� . (D I I
III Notice of Availability of Financial Impact Report of the
i Tigard City Center Development Agency (CCDA)
CCDA for the fiscal impact year ended June 30 2010
This notice is a summary of the information available in the Financial Impact Report of the Tigard City Center Development Agency
(CCDA), prepared pursuant to ORS 457.460. Copies of the full report are available at the Tigard Permit Center, 13125 SW Hall Blvd.,
Tigard, OR 97223. The report is also on the city's website: wwwtigard- or.gov.
Part I Part II
As summarized below, City Center Development Agency's The financial impact of the City's Urban Renewal Plan on property tax collections by Taxing
2009 -10 total requirements were $72,613 for expenditures District is summarized below. The division -of -taxes process results in some property taxes
charged to the District as of June 30, 2010. For fiscal year that may have been received by the "taxing districts" that levy property taxes within the urban
2010 -11, total budgeted resources of were balanced with renewal area (for example, Washington County, NW Regional ESD) being paid over to Tigard's
requirements of $1,125,318. urban renewal agency. The taxing districts forgo a share of the property tax income during the
life of an urban renewal plan so that the urban renewal agencies can carry out activities that
The District uses the funds it receives from the division -of- increase property values in the long term. The above table shows the urban renewal tax impact
taxes method of calculating property taxes to finance various by taxing district using permanent rates established pursuant to Measure 50.
urban renewal projects and activities. These property taxes
totaled $255,601 in FY 2009 -10 and are expected to increase Financial Impact of Urban Renewal Plan on Tax Collections
to $339,379 in FY 2010 -11 per the Washington County Base year
assessment summary received after budget adoption. FY 2009 -10 P02005 -06 Change in Taxes levied Percent of
Total Permanent Incremental Incremental Incremental Impact on total Taxes Divided
Assessed Tax Assessed Assessed Assessed on Assessed for
S tatement of Resources and Requirements Taxing District Value Rate Value Value Value Taxes Value Urban Renewal
Education
PCC 4,914,142,310 0.2828 89,594,452 69;207,378 20,387,074 5,765.46 1,389,719 1.82%
Debt Service Fund Capital Projects Fund Total NW Regional E5D 4;914,142,310 .0.1538 89,594;452 69,207,378 20,387,074 . 3,135:53 755,795 1.82%
Actual 'Budget Actual "Budget Actual Budget Tigard/Tualatin School District 4,141,385,137 4.9892 89,594,452 69,207,378 20,387,074 101,715.19 20,662,199 2.16%
2009 -10 2010-11 2009a0 2010-11 2009 -10 2010 -11
Resources: Local Government
Beginning Fond Balance 157,579 414,993 27,967 42,500 185,546 457,493 Washington County 4,914,142,310 2.2484 89,594,452 '69;207,378 20,387,074 45,83030 11,048,958 1.82%
Tea lncremeetProperty Taxes 255,601 212,600 - - 255,601 212,600 Metro 4,914,142,310 0.0966 89,594,452 69,207,378 20,387,074 1,969.39 474,706 1.82%
Interest Income 895 6;225 - - 895 6,225 Port . of Portland 4,914,142,310 0.0701 89,594,452 69,207,378 20,387,074 1,429.13 344,481 102%
Other Financing Sources - - 87,091 449,000 87,091 449,000 TV Fire & Rescue 4,914,142.310 1.5252 89,594,452 69,207,378 20,387,074 31,094.37 7,495,050 1.82%
Total Resources , 414,075 633,818 115,058 491,500 529,133 1,125,318 City of Tigard 4,914,142,310 2.5131 89,594,452 69,207,378 20,387,074 51,234.76 12,349,731 1.82%
Requirements, Excluded from M-5 rate limitation
Debt Service - 249,000 - - - 249,000 Washington County bonds 4,914;142,310 0.1456 89,594,452 69,207,378 20,387,074 2,948.50 715,499 1,82%
Capital Outlay - - 72,613 491,500 72,613 491,500 Metro bonds 4,914;142;310 0.1538 89,594,452 69,207,378 20,387,074 2,948:50 755,795 1.82%
Ending Fund - Balance 414,075 384;818 42,445, - 456,520 384,818 PCC bonds 4,914,142,310 0:1751 89,594,452 69,207,378 20,387,074 3,439.91 "860,466 1.82%
Total Requirements 414475 633,818 - 115;058 491;500 529,133 1,125,318 Tigard/Tualatin School District 4,141;385,137 03821 .89,594,452 69,207;378 20,387,074 15,737.32 3,238,977 2:16%
Tri -Met bonds 4,91 ;142,310 0.0863 89,594,452 69,207,378 20,387,074 1;47425 424,090 1.82%
Note: Figures are based upon audited financial statements.
AIS -363 Item #3 E.
Business Meeting
Date: 02/22/2011
Length (in minutes): Consent Item
Agenda Title: Award a Contract for a Turn -Key Restroom Building at Cook Park to Public Restroom
Company
Prepared For: Joseph Barrett Submitted By: Joseph Barrett
Financial and
Information
Services
Item Type: Motion Requested Meeting Type: Consent Agenda -
LCRB
ISSUE
Shall the Local Contract Review Board award a contract for the purchase and installation of a turn -key restroom
building at Cook Park and further authorize the City Manager to take any necessary steps to execute the purchase.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Local Contract Review Board award a contract for a turn -key restroom building at Cook
Park to Public Restroom Company through a permissive cooperative procurement as allowed under ORS 279A.215.
KEY FACTS AND INFORMATION SUMMARY
• A Cook Park shelter and restroom were destroyed by fire in 2009. The shelter has since been rebuilt.
• This item authorizes the replacement of the restroom.
• Staff has determined that the most efficient manner to procure the restroom was through a permissive
cooperative procurement, as allowed under ORS 279A.215 and the City's own Public Contracting Rules,
with the Public Restroom Company through a contract originally let by Leon County, Florida. The City is
eligible to utilize this agreement through language required by ORS 279A.215 that is contained in the source
contract between Leon County and the Public Restroom Company. By utilizing permissive cooperative
procurement the City receives pricing that is typically reserved for larger volume purchasing agencies as
well as saves the cost of issuing a formal solicitation. This is a frequent practice by agencies
throughout Oregon and the nation.
• The total cost of the turn -key restroom, including the structure and installation, is $121,550. The City will
be required to perform some preparation work on the site including excavation, installation of the concrete
pad, and electrical and plumbing work. Compaction testing and civil engineering services may also be
required. The anticipated cost of this preparation work is approximately $28,000.
OTHER ALTERNATIVES
Council could direct staff to issue a formal Invitation to Bid for the construction of the restroom. Staff advises that
this method will likely lead higher costs, both in terms of the restroom construction and staff resources.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
None
DATES OF PREVIOUS COUNCIL CONSIDERATION
None
Fiscal Impact
Cost: $121,550
Budgeted (yes or no): Yes
Where budgeted ?: Parks Capital Fund - 420
Additional Fiscal Notes:
The Capital Improvement Plan contains a $150,000 in fiscal year 2010-2011 to construct this project. The project
is budgeted in the Parks Capital Fund with a portion of the funding, ($32,000), provided by insurance to replace
the destroyed restroom. The balance, ($1 18,000), will come from the General Fund. This contract is estimated at
$121,550, well under the budgeted amount. Remaining funds will be used to complete the additional site
preparation work.
Attachments
No file(s) attached.
AIS -343 Item #: 4.
Business Meeting
Date: 02/22/2011 •
Length (in minutes): 15 Minutes
Agenda Title: Consider Resolution to Renew Annexation Incentives
Prepared For: Gary Pagenstecher Submitted By: Carol Krager
Administration
Item Type: Resolution Meeting Type: Council
Business
Meeting - Main
ISSUE
Should Council renew the City's annexation incentives for another year, until February, 2012.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends that Council approve the appended resolution (Attachment 1) to renew annexation incentives for
another year, until February 2012.
KEY FACTS AND INFORMATION SUMMARY
As stipulated in Resolution 10 -09, Council's annual review of its annexation policy,
including annexation incentives, is to occur in February 201 1.
It is the intent of the current annexation incentives to make the annexation application process essentially free to
individual property owners who voluntarily choose to annex to the City, plus provide a financial incentive
through phasing in of city property taxes. Prior to Council adoption of Res. 07 -13, the City 1) waived the
annexation pre - application conference fee for individual property owners interested in voluntary annexation, and
2) waived application fees for adjacent property owners who join an annexation.
Res. 07 - 13 expanded the incentives to include: 1) waiver of the City annexation application fee for all annexation
requests, and 2 )phasing in of city property taxes over a three -year period at the rate of 33 %, 67 %, and 100 %.The
resolution required an annual review of these practices. Later Council decided to pay Metro annexation mapping
fees by Resolution 07 -47. City staff then began the practice of assisting applicants with pro e�rtv descri to ions
provided it does not involve field work. Resolutions extending the incentives were adopted in 2008, 2009
and 2010.
During calendar year 2010 there was only one annexation of 0.78 acres on SW Spruce Street within the Metzger
area for a church expansion project. Most annexations are motivated by the need to extend City services needed
for proposed development sites. The number of future annexations will likely be dependent on economic factors
affecting development.
OTHER ALTERNATIVES
If Council desires to change the current annexation policy it has a variety of options. For example Council could:
• Rescind all annexation incentives;
• Return to the previous practice of not charging the annexation fee if contiguous properties join in;
• Rescind incentives for lands needing city services to develop, but maintain them for property that has them,
or
• Increase monetary incentives through either a longer phase in of City property taxes or waiving them
completely for a period of time.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Implement the Comprehensive Plan.
Comprehensive Plan Urbanization Goal 14.2: "Implement the Tigard Urban Services Agreement (TUSA) through
all reasonable and necassary steps, including the approppriate annexation of unicorporated properties."
DATES OF PREVIOUS COUNCIL CONSIDERATION
• March 13, 2007, City Council Resolution 07 -13
• July 24, 2007, City Council Resolution 07 -47, amending Resolution 07 -13 to expand the incentives to
include City payment of the Metro mapping/ filing fee .
• March 25, 2008 (annexation policy annual review), City Council Resolution 08 -12 extending the offer
of annexation incentives until February 2009.
• February 24, 2009,(annexation policy annual review), City Council passed Resolution 09 -12 extending the
offer of annexation incentives until February 2010.
• February 9, 2010,(annexation policy annual review), City Council passed Resolution 10 -09 extending the
offer of annexation incentives until February 2011.
Fiscal Impact
Cost: $28,000
Budgeted (yes or no): Yes
Where Budgeted (department /program): Current Planning
Additional Fiscal Notes:
The fiscal impact of maintaining these incentives is highly variable and related mostly to development activity.
For example, in 2010, there was only one annexation in Metzger and the City lost approximately $3,349 in fees
and paid $150 in Metro mapping fees. Also a small amount of staff time was spent assisting the owner with the
property the required property description. However, over the four -year period that the incentives have been in
place the City has foregone and spent about $28,000. If activity increases significantly, the budget may need an
adjustment to compensate for the fees and staff time.
In addition to the forgone fee revenue, the City also did not receive the full amount of property taxes. It is
estimated that, during the last four years, the City did not receive about $8,600 in property tax revenue because of
the tax phase -in incentive.
Attachments
Annexation Incentives Resolution
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 11-
A RESOLUTION AMENDING RESOLUTION NO. 07 -13 TO EXTEND THE INCENTIVES FOR
VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY
LIMITS TO FEBRUARY 2012.
WHEREAS, Resolution 07 -13 establishes policy to guide City actions pertaining to annexation of
unincorporated lands to the municipal City limits, and provides incentives to annex, including waiver of the City
annexation application fee until July1, 2008 and phasing in of increased property taxes over a three -year period
at the rate of 33 percent, 67 percent, and 100 percent, for properties that annex during the period of March 13,
2007, to February 2008 per Oregon Administrative Rule (OAR 150- 222.111); and
WHEREAS, Resolution 07 -47 amends Resolution 07 -13 to expand the incentives to include City payment of
the Metro mapping/ filing fee until July 1, 2008; and
WHEREAS, the City's operational and administrative procedures have been to assist in the preparation of legal
descriptions as long as they do not require field survey work and to waive the pre - application conference fee for
individual property owners interested in voluntary annexation; and
WHEREAS, Resolution 08 -12 amends Resolution 07 -13 to extend the offer of incentives to annex until
February, 2009; and
WHEREAS, the City Council passed Resolution 09 -12 on February 24, 2009 to continue to offer incentives to
property owners who voluntarily annex to the City until February 2010;
WHEREAS, the City Council passed Resolution 010 -12 on February 9, 2010 to continue to offer incentives to
property owners who voluntarily annex to the City until February 2011;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Resolution 07 -13 is hereby amended to renew the offer of incentives to annex until February
2012, including:
• Waiver of the City annexation application fee;
• Phasing in of increased property taxes for properties that annex during the period of
March 13, 2007, to February, 2011, per Oregon Administrative Rule (OAR 150-
222.111);
• City payment of the Metro mapping /filing fee;
• Assistance in the preparation of legal descriptions, not to include field survey work; and
• Waiver of the pre - application conference fee for individual property owners interested
in voluntary annexation.
SECTION 2: An annual review of the annexation policy and associated incentives shall occur concurrently.
SECTION 3: This resolution is effective immediately upon passage.
RESOLUTION NO. 11 -
Page 1
PASSED: This day of 2011.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 11 -
Page 2
AIS -413 Item #: 5.
Business Meeting
Date: 02/22/2011
Length (in minutes): 30 Minutes
Agenda Title: Discuss Departmental Strategies for Accomplishing 2011 City Council Goals
Prepared For: Craig Prosser Submitted By: Kent Wyatt
Administration
Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business
Meeting - Main
ISSUE
The City Council has developed six goals for 2011. The goals represent those items that the Council feels deserve
special attention. Each department has reviewed the goals and developed a work plan for meeting the goals
impacting their department. The workplans discuss the resources required to meet a goal and the ensuing impact
that addressing one goal may have on staffs resource to meet another.
STAFF RECOMMENDATION / ACTION REQUEST
Review the attached goal workplans and give direction to staff on the following questions:
1. Do Goal Descriptions adequately capture the Council's definition of each goal?
•
2. Are the proposed workplan timelines acceptable to Council?
3. If the "Coordination /Impacts on other projects /priorities" section shows an adverse impact on the completion of
other work products, are these impacts acceptable to Council, or do the Goal workplan and/or the other project
workplans need to be re- scoped?
KEY FACTS AND INFORMATION SUMMARY
The Council developed its 2011 Goals on December 30 of last year. Staff have taken each goal for 2011 and the
Five Year goals and developed draft workplans for each goal. These workplans are attached to this Agenda Item
Summary.
This agenda item is an opportunity to give staff feedback on these draft workplans, particularly to make sure that the
description of the goal and the proposed timeline are acceptable to Council. This is also an opportunity for Council
to provide additional information or discussion to make sure Council and staff are on the same page regarding the
attainment of each goal.
After the meeting, staff will make any needed changes to the workplans and will provide copies to the Council in a
Friday Newsletter. Staff will then proceed with work on the goals as directed by Council.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Staff has developed a workplan for each Council goal.
DATES OF PREVIOUS COUNCIL CONSIDERATION
On December 30, 2010, the City Council set its 2011 goals.
Fiscal Impact
Fiscal Information:
Each goal will carry a significant fiscal impact in terms of staff committment. Each of the attached workplans
include a Section entitles "Resources Required" to more fully explain the impact of each goal.
Attachments
2011 Council Goal Workplan
City Mgmt Workload Summary
Community Devel. Workload Summary
Finance Workload Summary
Public Works Workload Summary
2011 COUNCIL GOALS WORK PLAN
Council Goal 1:
Implement the Comprehensive Plan
a. Show substantial progress on new Tigard Triangle Master Plan
Description of Work Product:
This project will be built on the foundation created by the Pacific Hwy /99W High Capacity Transit (HCT) Land
Use Plan. It is envisioned that Tigard Triangle Master Plan will follow the HCT Land Use Plan process. It will
also be informed by related planning efforts. It is possible that the a Master Plan can be completed four to five
years in the future when there is more certainty about the type and location of HCT alignment and station areas.
However, it is possible to establish the foundation of a Triangle Master and take both interim and incremental
actions to support future decisions. Another important consideration is that implementation of a Triangle
Master Plan is dependent on resolution of i'PR constraints. Absent legislation changing the TPR and the
provision of HCT, this will partly depend on completion of alternative mobility standards which will be done as
part of the SW Corridor Plan. This task will start in 2011 and be completed in 2013.
The following progress on a new Tigard Triangle Master Plan will occur in 2011:
1. City adoption of the Tigard Economic Opportunities Analysis (EOA)'
2. City adoption of Metro Town Center designation for the Tigard Triangle'
3. Proposed designations of High Capacity Transit (HCT") Station Community Areas within and in the
vicinity of the Tigard Triangle;
4. Non -HCT transportation improvements (alternative mobility standards) to support HCT Station
Community Areas and other future development in the Tigard Triangle;
5. Recommendations for interim and long term land use designations
6. Development of a Tigard Triangle funding mechanism for street improvements such as an area
specific System Development Charge (SDC).
Following completion of the above, a draft written report will be prepared. Staff then will work with the
Planning Commission to develop a more detailed Master Plan scope of work, process and schedule based on
findings derived from the HCT Land Use Planning effort and other studies. A written report accompanied by
the scope of work outlining the next steps will be prepared for Council's consideration.
' The BOA will provide important data pertaining to the Triangle and other employment lands in Tigard such as land use and site
characteristics, public facilities transportation information and market context.
2 A Town Center designation for the Tigard Triangle is important because it portends a greater probability of transportation funding;
bestows flexibility in the application of the Transportation Planning Rule (TPR), and supports findings for the application urban land
uses. Metro has agreed that Tigard can include a large portion of the Tigard Triangle in its town Center Designation. Nevertheless, for
this to be "official" the City needs to legislatively adopt Comprehensive Plan amendments to identify locations of the Metro Design
Types.
3 The exact location of Station Community Areas will not be known until the actual alignment of HCT is determined. However, it will
be possible from a land use perspective to determine in general where station community land use types could be best located. This
leads to the ability to propose a range of possible land use designations.
d The Triangle HCT Land Use Plan leads the required Federal planning efforts for the corridor. The Alternatives Analysis (AA);
Environmental Impact Analysis (EIA), and Locally Preferred Alignment (LPA) will determine the type and location of future transit.
However, it is possible to propose interim land uses for the area.
1
2011 COUNCIL GOALS WORK PLAN
Timeline of significant events
Action /Event Timin
Tigard Triangle Town Center designation (Council Adoption) Sprin /Summer 2011 _,0
BOA Ado . tion b Council S. : . /Summer 2011
Preliminary D High ai C Station Areas (Report) '
- - ehrmnary e- • of -- _ � Ca c
P �' � ?� S reas
(Rep rt ) Fall/
Plan for other transportation improvements to support HCT Station Community Areas
and other Tigard Triangle Development (Report) Fall/Winter 2011
Recommendations for interim and longterm land use designations (Report) ' Fall/Winter _inter 2011
Development of a Tigard Triangle funding mechanism for street improvements (Council
Consideration) Fall /Winter 2011
Planning Commission scoping for full Master Plan Project (Report) to_proceed in 2012 inter 2011 /Spring 2012
c Council Receipt of Planning Commission Sco .in: Recommendation and Re . ort Summer 2012
Alternative Mobility Standards_ pring 2013
Lead Department: Community Development
Staff Lead: Ron Bunch, Community Development Director
Partners:
Internal Stakeholders External Stakeholders
Planning Commission ODOT
City Council Metro
City Attorney Tri-Met
City Admin & Other Depts. Businesses and Property Owners
Tigard Transportation Advisory Committee Department of Land Conservation and Development (LCDC);
Development Interests; Real Estate & Pro.er Mana:ement Firms
Coordination With /Impacts on Other Projects /Priorities
Projects/Priorities Reason for Coordination Impact _
This regional planning effort will develop important land use Data & policy applicabili -
Metro /SW Corridor and transportation data, findings and policies applicable to the synergism of land use &
1 Transportation Plan T Bard Triangle Plan. - _ transportation policy
1 A redeveloped and economically vital Tigard Triangle can
provide economic and housing opportunities in close proximity Identity, Quality of Life
to one another and in dose proximity to transit and other viable and access to jobs, goods
Communi Sustainability transportation modes. and services
The Planning effort's data collection and analysis are directly Data and Policy
applicable to the Tigard Triangle. Also important is that the Applicability; Synergism
Pacific Hwy /99W HCT HCT Land Use Plan will identify possible station communities of Land Use and
Land Use Plan in the Tigard Triangle Transportation Policy
5 At the completion of the initial process, staff and the Planning Commission will develop a scope for subsequent phases of a Tigard
Triangle Master Plan up to completion.
2
2011 COUNCIL GOALS WORK PLAN
Projects /Priorities Reason for Coordination _...__ ■ P'' , ,, c. ,
Urbanization Policy From a policy position the Downtown and Tigard Triangle are
- - -- areas where Tigard plans to focus future jobs and household Policy Coordination &
Economic Development growth. E Implementation _
Transit anc modes modal improvements are'unportant so this:'' : ,1
Changes to the area to develop as a higher density urban Town Center.
Transportation Planning However, ch to the TPR areeded to allcw,tlus Policy Coordination &
Rule I'PR happen. - � E. - ...:; ' ,
„�� } ,.,, I , Implementation
This project and the associated efforts involves significant Communication with
public involvement and which implements Council's 1 stakeholders and the
Communicatio Communication goal „ broader community
,; A mixed use higher density urban Town Center served by . I ( +)
Reduce Traffic i transit would significantly reduce traffic congestion and future . Policy Coordination &
Congestion transportation costs. Implementation
Impacts of "Show Substantial Progress on New Tigard Triangle Master Plan" on other work programs
To be meaningful, a Tigard Triangle Master Plan must be coordinated with the HCT Land Use Plan and other the
Southwest Corridor Planning efforts. It cannot proceed by itself and be meaningful.
C
At this time there are inadequate staff resources to focus solely on this project, and at least initially, it must be part of
other efforts. If staff had to engage in a "stand- alone" project now (to develop a Tigard Triangle Land Use and
Transportation Master Plan) other work programs and their schedules would be negatively affected. Furthermore, such
an effort would be not be useful because future Alternative Mobility Standards, HCT Station Area locations, Alternatives
Analysis, and Alignment HCT decisions are primary factors that must be considered.
,aii. _
Resources required:
0.5 FTE
(This is in addition to required administrative and Management staf time and staff working on processing land development applications, other
Council Goals, Development Code Reform, Comprehensive Plan Periodic Review; Downtown Urban Renewal Code Enforcement Restructuring;
Tigard Trails Master Plan, etc.)
3
i
2011 COUNCIL GOALS WORK PLAN
Council Goal 1:
Implement the Comprehensive Plan
b. Update the Tree Code
Description of Work Product:
The work product for this task will consist of proposed amendments to the City's Municipal and Development
Codes. Code amendments addressing the following will be brought to Council for its consideration:
1. Management of hazard trees. (Draft hazard tree code provisions have been completed.)
2. Planting, maintenance and removal of street trees in non - development situations
3. Preservation of Tree Groves using flexible and incentive based regulations
4. Tree Plan Requirements (inventory; protection; planting; mitigation, etc.)
5. Tree Permit Requirements in 1) development situations and 2) when development is not involved
Timeline of significant events: _
{ Action /Event 1 Timing
raft Street Tree Code Provisions Winter 2011
Draft Tree Plan Code Provisions Winter 2011
!osal for Tree Grove Preservation Program Winter / Spring 2011
i Draft Tree Permit Requirements — Development and Non - Development Situations Spring / Summer 2011
Review of Proposed Code Changes and Community Input _ ' Summer /Fall/Winter 2011
Planning Commission Workshops and Hearings Wiinter 2012
City Council Workshops, Public Hearings and Adoption t Spring 2012
Lead Department: Community Development
Staff Lead: Todd Prager, Associate Planner / Arborist
Partners:
Internal Stakeholders External Stakeholders
Metro —
Department of Land Conservation & Development (DLCD)
ODOT
Planning Commission OR State Dept. of Forestry
City Council Clean Water Services (CWS)
City Attorney Tualatin Riverkeepers
Public Works, Risk Management /City Admin, Citizens
Finance & Information Technology Home Builders' Association
Parks & Rec. Advisory Board (DRAB) Tree and Landscape Industry
Tree Board Utilities _ __ _
4
2011 COUNCIL GOALS WORK PLAN
Coordination with /Impacts on other projects /priorities
Projects / Priorities Reason for Coordination Impact
Community dissatisfaction with Tigard's tree regulations
has been expressed by citizens and developers for
several years. This effort is in response to improve Supports the need to City's
urban forest resources and provide clear and objective Desire to Update Tigard's
Code Reform regulations for the Development Industry Community Development Code
Urban forest resources are important to environmental Supports the City's
sustainability and community aesthetics. A healthy urban sustainability and livability
! Community Sustainability & I forest supports Tigard's aspirations to be prosperous, objectives and contributes to
Livability livable and attractive City. Tigard as `mil Place to Call Home."
The Tualatin River Basins must meet DEQ mandated This project supports local,
water quality requirements. The presence of trees and regional and state water quality
Water Quality Objectives other vegetation assists in achieving this objective. objectives.
Tigard's vision of the Downtown is a high- amenity
Town Center. "Extending the Green" of Fanno Creek Revised tree regulations and an
Downtown and Pacific through the Downtown is a stated urban design active urban forest program
Hwy. Corridor objective. Tigard also desires to improve the could significantly enhance the
Redevelopment appearance and environmental character of Hwy 99. City's urban design quality
This project and the associated efforts involves Communication with
significant public involvement and which implements Stakeholders and broader
Communication Council's Communication Goal community
Impacts of "Updating the Tree Code " on other work programs
This project is citizen involvement intensive. Past efforts to reform the City's tree regulations did not succeed because of
contention between the development community and citizens. Consequently, Community Development has invested a
significant amount of citizen and community involvement /communication time into the project. Every effort is being
made to work out issues before the proposed code amendments enter the public hearing process.
Resources required:
2.0 FTE plus consulting assistance
(This is in addition to required administrative and management staff time and sta jJpmcessing land development applications, working on other
Council Goals, Development Code Reform, Comprehensive Plan Periodic Review; Code Enforcement Restructuring; Tigard Trails Master Plan)
5
2011 COUNCIL GOALS WORK PLAN
Council Goal 1:
Implement the Comprehensive Plan
c. Participate in the Southwest Corridor Study
Description of Work Product:
There are several land use and transportation planning activities ongoing and planned in the Southwest Metro
Area, defined as the area encompassing the Pacific Hwy /I -5 corridor from downtown Portland to south Tigard.
Tigard, in partnership with Metro, ODOT and Tri -Met is engaged in a High Capacity Transit Land Use Plan that
will identify up to ten future HCT Station Community Areas within the Tigard Pacific Hwy 99W /Corridor.
Tigard's planning effort will be followed by similar projects undertaken by Portland and Tualatin, also in
partnership with the above agencies. Also, Metro and ODOT will be coordinating another planning effort, the
Interstate 5 /Pacific Highway 99W Corridor Refinement Plan that will evaluate how traffic management and
emphasis on different transportation modes, including HCT, will improve mobility within the Corridor. The
Corridor Refinement Plan will result in alternative mobility standards that will provide some relief to the
Transportation Planning Rule's (TPR) constraints.
Several other federally required HCT focused planning efforts will be undertaken prior to when an HCT system
will be built. These will occur in future years. The main task for Tigard staff in 2011 will be the Pacific Hwy
99W HCT Land Use Plan and to represent the City's interests in other Corridor Refinement planning efforts.
This work program will focus on the Tigard HCT Land Use Plan, because it has been scoped and funded, but
significant staff resources will also be focused on the broader corridor planning efforts as above. However, at
this time the schedules and scopes of these projects not yet been established in detail.
The work product of the Tigard HCT Land Use Plan will consist of designating up to 10 station areas along the
Pacific Hwy 99W corridor in places that are best suited to support HCT. This will inform the future alignment
of HCT and provide guidance in making future HCT supportive land use changes and investments in other types
of transportation infrastructure. This project is the foundation for a detailed Tigard Triangle Master Plan to be
completed in the future.
Timeline of significant events:
Action /Event Timing
Project Kickoff And Stakeholder Interviews Winter /Spring 2011
Existing Conditions Inventory and Analysis Spring /Summer 2011
Project Design Work Shop Summer 2011
Station Area Plans and Land Use Proposals Fall / Winter 2011
Community Open House, Planning Commission and City Council Workshops Winter 2011
Presentation of Legislative Options, such as Amended Comprehensive Plan Policies; Land Winter 2011/ Spring
Use Designations; Amendments to the Transportation System Plan, etc. 2012
Corridor Refinement Plan Completion, review by agencies and affected jurisdictions and
consideration for adoption by Metro Spring 2013
Lead Department: Community Development
Staff Lead: Sean Farrelly, Redevelopment Manager, Judith Gray, Sr. Transportation Planner, Ron Bunch, CD
Director
6
2011 COUNCIL GOALS WORK PLAN
Partners: (Other departments /agencies, who will be kept informed)
Internal Stakeholders External Stakeholders
Planning Commi Portland and adjacent cities
City Council ODOT
City Attorney Metro
Public Works /Engineering, City Administration Tri -Met
Tigard Transportation Advisory Committee (IAC) Washington Co. and local residents
City Center Advisory Committee (CCAC) Business and development interests
Coordination with /Impacts on other projects /priorities
Pro'ects / Priorities Reason for Coordination j Impact
oval planning effort will provide important Data and policy applicability;
Tigard Triangle Master t r sportaton related data, findings and policies ap licable to synergism of land use &
' Plan the Triangle Master Plan. Jl transportation policy
Community A redeveloped and economically vital Pacific Hwy corridor Community identity, quality
Sustainability based on HCT access will create both a more livable of life and access to jobs,
commurd and also reduce environmental imp , goods and services
aimmt Urbanization Policy High capaci , i ansit pro des the means to transform ire _
Economic Pacific . :11- ' Corridor into a more efficient, vibrant and 1 Policy coordination &
Development ` _ Leconomi - -`i t urban form. 1 implementation
Changes to the Addressing the transportation capacity requirements of the
Transportation TPR is important to achieving a desired urban form. HCT and Policy coordination &
Plannin: Rule 'R alternative naobili • standards are the . rimary means to do this implementation
The provision o in the Pacific Hwy /99W Corridor an
other travel modes is the primary means by which the area can Synergism of land use and
achieve higher density, and a more economically sustainable transportation, policy
Urbanization Issues urban form. ® _ ____.f I
This project and the associated efforts involves significant . Coordination /communication
public involvement and communication with stakeholders, with stakeholders and the
Communication which implements Council's Communication Goal community
Impact of "Participate in the Southwest Corridor Plan" on other work programs
This project is Community Development's (CD) highest priority. It is essential for the city to meet its commitments to its
regional partners and to the funding agencies; with plans to commit at least 1.75 FTE to this effort prior to establishment
of 2011 Council goals. CD cannot decrease its commitment to this project. If necessary, work on other department
priorities, (Code Compliance Reorganization and Regulatory Reform) would be curtailed entirely to ensure this project is
completed. Given the project's high profile, CD has invested substantial staff resources to ensure a robust citizen
involvement effort for the project.
As with any project involving significant stakeholder engagement and intergovernmental cooperation, there is exists a
degree of uncertainty regarding schedules and outcomes. There are many stakeholder interests to be addressed and it is
common for planning efforts of this scale to be delayed, or the scope to be broadened, to accommodate changing
stakeholder needs. City Council and the City Manager have an important role in the SW Corridor Plan, providing input to
state and regional decision - makers and to represent the City's interests in the political arena. I
Resources required:
1.75 FTE Total. 1.50 FTE for the HCT Land Use Plan with consulting assistance, 0.25 FTE to coordinate and
represent Tigard's interest in other SW Corridor venues. (This is in addition to required administrative e� management staff
time spent working on Council Goals, Development Code Reform, Downtown Redevelopment, Comp Plan Periodic Review; Code Enforcement
Restructuring; Tigard Trails Master Plan.)
7
2011 COUNCIL GOALS WORK PLAN
Council Goal 1:
Implement Comprehensive Plan
d. Work with state and regional partners to modify the (state) Transportation Planning
Rule (TPR)
Description of Work Product: There are three parts to this task and it's important that this issue be
addressed in all three of these venues in a balanced manner. Over - reliance on one is not likely to achieve the
desired results.
1. Represent Tigard's interests at regional and statewide venues, including the legislature. This work includes
development of a joint position on amending the '1PR with other elected City and County officials and
agency staff and appointees such as Metro and LCDC.
2. Evaluate those parts of Tigard where new development will be impacted by the TPR. Develop a local
strategy and be able to tell Tigard's story.
3. Work on existing initiatives that will lessen a portion of some of the requirements of the TPR. This
includes developing specific ways to mitigate traffic impacts such as improvements to the local road
system, and alternative travel modes; expanding the Town Center designation to include the Tigard
Triangle representing Tigard's interest in the Pacific Hwy 99W/ I -5 Multi -Modal Corridor Refinement
Plan (alternative mobility standards); implementing Southwest Corridor High Capacity Transit etc.
Timeline of significant events:
Action /Event Timing
Evaluate how Tigard will be impacted by the TPR and prepare local strategy Winter /Spring 2011
Expand the Town Center designation to include the Tigard Triangle Spring 2011
Represent Tigard's interests at regional and statewide venues Winter to Fall 2011
Represent Tigard's interests during the Pacific Hwy 99W/I -5 Multi -Modal Corridor
Refinement Plan Fall 2011 and throughout 2013
Implement Southwest Corridor High Capacity Transit Ongoing
Lead Department: Community Development
Staff Lead: Susan Hartnett, Asst. CD Director and Judith Gray, Sr. Transportation Planner
e It is important to note that the Oregon Highway Plan (OHP) also has standards that impact land uses on properties that utilize
state highways. The OHP also will be evaluated to determine how it impacts the Tigard Triangle and other areas in the City.
It is obvious that Tigard is affected by the TPR, but it is unknown to what extent. It is important to develop a local strategy as
well as participate in the regional and state process to change the TPR's requirements. Tigard as a local jurisdiction needs to be
well aware the TPR's impacts and be able to speak to them.
8 Metro Town Center Design Type Designations are not subject to as stringent TPR requirements as areas not non - Design Type
areas.
9 The purpose of this planning effort is to evaluate how improvements to all transportation modes in the corridor can increase
enhance the capacity of the transportation system. More transportation system capacity gained through multi -modal
improvements means a greater opportunity to create more dense urban environments conducive to higher levels of economic
activity.
lo in the long run High Capacity Transit (HCT) through Tigard would significantly increase road capacity by taking cars off the
roads. HCT would provide the basis to develop higher intensity urban environments within the Tigard Triangle, Downtown
Tigard, and with the Pacific Highway Corridor.
8
2011 COUNCIL GOALS WORK PLAN
Partners:
Internal Stakeholders External Stakeholders
Planning Commission Other Metro area jurisdictions
City Council Department of Land Conservation and Development (DLCD)
City Attorney League of Oregon Cities (LOC)
Public Works /Engineering Metro
City Administration Tri -Met
Tigard Transportation Advisory Committee Residents, Business & Development Interests
ODOT and the Oregon Transportation Commission
State legislators
Coordination With /Impacts on Other Projects /Priorities
Projects / Priorities Reason for Coordination
Resolution of Tigard's concerns
with the TPR would make it
Triangle Master Plan The Transportation Planning Rule in its current easier for Tigard to achieve its
Downtown Urban Renewal form would have significant negative impacts on the (and Metro's) urban growth
future urban development of these areas. objectives
Iii Amendment of the TPR to make
it possible to develop mixed use
The current TPR promotes low density inefficient higher density urban development
development and sprawl. This urban form is would promote important
Community Sustainability inconsistent with Tigard's and the Region's sustainability and urbanization
Urbanization Policy sustainability objectives. goals.
The HCT Land Use Plan the other planning efforts Alternative modes are key to
associated with the Southwest Corridor Study will lessening the restrictions of the
result in the implementation of several alternative TPR to make it possible to
travel modes and improvements to the area's promote the development of
transportation system that will substantially increase higher intensity urban housing
Southwest Corridor Study the capacity of the state highways. L and employment land uses
impacts of "Working with state and regional partners to modify the state TPR" on other work programs
A significant part of this project involves political action that will require senior management and elected officials to
engage with their peers from other agencies and jurisdictions. Staff can research, analyze and present proposals, but
involvement of elected officials will be necessary.
Resources required:
0.25 FTE
(This is in addition to required administrative and management staff time and staff working on processing land development applications, other
Council Goals, Development Code Reform, Comprehensive Plan Periodic Review; Code Enforcement Restructuring ; Tigard Trails Master
Plan, etc.)
9
2011 COUNCIL GOALS WORK PLAN
Council Goal 1:
Implement Comprehensive Plan
e. Work with partners on urbanization policy issues
Description of Work Product:
The Tigard Comprehensive Plan is specific that the City does not support unincorporated urban development.
Consistent with this position Council has directed staff to implement the Comprehensive Plan as it pertains to
future urbanization of lands within Metro Urban Growth Areas 63 and 64 and the adjacent urban reserve area.
Washington County has completed, and approved by resolution an Urbanization Concept Plan for this area. A
much more detailed Community Plan, addressing infrastructure financing; governance and land use is required
before urbanization can occur. This is an expensive and staff intensive effort
City staff has been working with Washington County and other partners to come to determine the governance
and service provider for this area. It is expected that a resolution can come by the end of summer 2011. If
Tigard is the governance provider, then it must plan to complete the Metro required planning work before
urbanization can occur.
Timeline of significant events:
Action /Event Timing
1. Washington Co. /Tigard Agreement on Means to Initiate Annexation of Lands in Summer 2011
Urban Growth Areas 63 and 64
If the above is accomplished, then (following direction from Council) the work plan will tbd
be revised. The timeline for development of a Community Plan may extend into 2014.
Lead Department: Community Development with City Administration
Staff Lead: Ron Bunch, Community Development Director and Susan Hartnett, Assistant CD Director
Partners:
Internal Stakeholders External Stakeholders
Planning Commission Washington County
City Council Beaverton and King City
City Attorney Metro
Public Works/Engineering Works/Engineering and City Admin Development Interests
Coordination with /impact on other projects /priorities
This project involves direct engagement of three parties with subsequent cooperation by property owners. At
this time coordination with other projects is not necessary to achieve the above limited goals. Extensive
coordination will be required in doing future work associated with the required Community Plan. However this
will addressed if the City is successful in its annexation efforts. It is important to note that if Tigard is successful
in annexing this area, the subsequent Community Plan work will occupy at least 2.5 FTE in addition to
substantial consulting resources for a period of at least 18 months.
Resources required:
.2 FTE plus consulting assistance for part one of the above timeline of significant events.
(This is in addition to required administrative and management staff time and staff working on processing land development applications, other
Council Goals, Development Code Reform, Comprehensive Plan Periodic Review; Code Enforcement Restructuring; Tigard Trails Master Plan)
10
2011 COUNCIL GOALS WORK PLAN
Council Goal 2
Implement Downtown and Town Center Redevelopment Opportunities
a. Develop Strategy and Materials to Attract Developers and Tenants
Description of Work Product:
The strategy to attract developers and tenants to the downtown has two parts. They are: 1) continue to make
improvements to the area's public infrastructure and physical amenities; and 2) promote development of a broad
based downtown organization and retail marketing plan and market the Downtown to prospective investors and
tenants.
The first part of this goal has been ongoing for some time. It includes projects such as Burnham Street
reconstruction; Main Street green street retrofit; facade grant program etc. Part two relates directly to Council's
2011 goal. The following actions will be taken to implement this goal:
• Hold developers' forum" to assess Downtown Redevelopment opportunities with stakeholders;
• Develop socio- economic (statistically based) Downtown /Triangle marketing materials and broadly
distribute them;
• Prepare an assessment / inventory of land in the Downtown whose owners would reconsider
redevelopment
• Work with Downtown businesses, property owners and consultants to develop a retail marketing plan
and Downtown Organization proposal
• Develop a Downtown /promotion marketing web page;
• Develop a strategy to inform a broad spectrum of developers and investors of the Downtown's and
Tigard Triangle's redevelopment and market potential.
• Work with property owners and developers on development opportunity studies to facilitate
development
Timeline of significant events:
- VIIIINWIPr Action /Event Timing WW
Hold developer's forum to assess Downtown Redevelopment opportunities Summer 2011
proposal Retail marketing plan a nd Downtown Organization ro osal I Summer /Fall 2011
Develop socio - economic (statistically based) Town Center marketing materials Fall 2011
I An assessment of land whose owners would consider redevelopment I Fall 2011 1
Develop a Downtown /promotion marketing web page Winter 2011/2012
A strategy to inform a broad spectrum of developers and investors of the Downtown's Winter 2011/2012
I redevelopment and market potential. Implementation is ongoing f
Work with property owners and developers on development opportunity studies Implementation is ongoing
Lead Department: Community Development /Redevelopment
11 This task is dependent on the availability of 2010 Census information. Also it will utilize propriety information acquired
through investment /marketing and real estate consulting firms.
12 A viable downtown organization comprised of stakeholders to go beyond local businesses to provide leadership and
management of the downtown is an important element to attract future investors.
13 This task will follow completion of the socio- economic marketing materials.
11
ry
2011 COUNCIL GOALS WORK PLAN
Staff Lead: Sean Fat-rely, Redevelopment Manager; Ron Bunch, CD Director
Partners: (Other departments /agencies, who will be kept informed
Internal Stakeholders External Stakeholders �;, kg ,,
City Center Advisory Commission Metro
Planning Commission Department of Land ODOT
City Council /CCDA Chamber of Commerce /Business and Prope
City Attorney Owners
Public Works /Engineering Citizens
Parks and Recreation Advisory Board Portland Regional Partners
City Administration West Side Economic Development Allianc;
Transportation Advisory Board (F1'AC) Real Estate and Development Interests
Coordination with /impact on other projects /priorities:
� `
Projects / Reason for Coordination ; ' -' " Impact
act
$? -Ma t ` . , .,: •
The Triangle and Downtown are part of Tig: _ s
Tigard Triangle Master Plan Metro Town Center Designation. Data collection, It will be much more efficient to
Explore 99W Urban Renewal analysis and marketing materials will be done for market both areas to prospective
District both. developers
This effort will address the City's
goals to enhance its sustainability
Redevelopment of the Downtown will create and develop efficient &
Community Sustainability ; needed housing and close to home retail service ; economically sustainable urban
Urbanization and entertainment o m
ortuties a ' � ""0 " 4 form •
The Planning effort's data collection and analysis Development of Downtown and
are applicable to the Downtown. The prospect of Tigard Triangle will support the
Pacific Hwy /99W HCT Land future of transit to the Downtown will be a City's High Capacity Transit
Use Plan significant location decision for investors aspirations.
` ; , ` m �}`5 y � r!! 6� `' 4 Y�.:Y s
tnr",n A " Y..� t ...
, F »: Fkr2 a uv2y: , a'�4._.:,., 2.sr .a.u.- ?neF.'�x r� O . �dk+" ,.r r .F _ .. p
Impacts of "Developing Strategies and Materials to Attract Developers and Tenants" on other work programs
This task represents another program element for Downtown Redevelopment and cannot be accommodated with exlstin
resources, especially since the Redevelopment Manger and Community Development Director are both engaged in the
Pacific Highway/ 99W HCT Land Use Plan. At least .5 FTE will have to be dedicated to this program. At present it is
proposed to reallocate existing CD staff resources to make this happen.
Resources required:
.8 FTE
(This is in addition to required administrative and management staff time and staff working on other Council Goals, existing Downtown
pmjects, Development Code Reform, Comprehensive Plan Periodic Review; Code Enforcement .Restructuring; Tigard Trails Master Plan, etc.)
12
2011 COUNCIL GOALS WORK PLAN
Council Goal 2:
Implement Downtown and Town Center Redevelopment Opportunities
b. Advance Ash Avenue Railroad Crossing
Five Year Goal: Obtain Ash Avenue Railroad Crossing in Downtown
Description of Work Product:
The railroad will not allow any new railroad crossings in the City, but may consider adding a new crossing if
another crossing is eliminated. This work will produce a range of alternatives for developing a railroad crossing
at Ash Avenue and eliminating a crossing potentially at either Tiedeman Avenue or North Dakota Street. This
first step will conclude when the Council selects a preferred alternative for the new crossing and identifies the
crossing that will be eliminated.
Design and construction of the preferred alternatives will be scheduled as funding is secured, with the goal of
completing the projects within five years.
Timeline of significant events:
2 " Quarter I Initiate project and identify a range of alternatives for each site
3r Quarter Develop conceptual road alignment and layouts
Evaluate impacts to traffic, property owners, neighborhoods, and cost
4 Quarter Finalize report, Council selects preferred alternatives
Lead Department: Public Works Department
Staff Lead: Mike McCarthy, Senior Project Engineer
Partners:
During initial conceptual study:
• Community Development Department (for consistency with city plans)
• Finance and Information Services Department (to develop and plan for funding mechanisms)
• Clean Water Services (for coordination on sensitive lands and mitigation if needed)
• ODOT Rail
• Portland and Western Railroad
• Businesses, property owners, motorists and pedestrians that could be affected by the project
Additional partners during project implementation
• US Army Corps of Engineers (wetlands permits)
• Oregon Department of State Lands (creek corridor permits)
Coordination with /Impacts on other projects /priorities:
• The Ash Avenue portion of this project should be coordinated with other downtown CIP projects and
planning processes.
• The North Dakota /Tiedeman portion of the project should be coordinated with other CIP projects in
the area.
• The work toward this goal should be coordinated with Council Goal No. 6, "Financial Stability."
13
2011 COUNCIL GOALS WORK PLAN
Resources required:
In 2011 this project's personnel resources will be made up of a combination of in -house staff and outside
consultants.
In - house staff will perform the following work:
• Develop alternatives and cost estimates.
• Assess right -of -way impacts.
• Manage public communication and involvement.
In -house staff time is estimated at 0.5 FTE which will cost $55,250.
Outside consultants will perform the following work:
• Traffic impact analysis for $30,000.
• Wetlands and environmental analysis for $20,000.
Project costs for 2011 are as follows:
1st uarter
Q $13,813 in -house staff
•°d Quarter $13,813 in -house staff
$63,813 in -house staff ($13,813) and consultants
3rd Quarter ($50,000)
4 Quarter $13,813 in -house staff
Total $101,252
14
2011 COUNCIL GOALS WORK PLAN
Council Goal No. 3:
Complete Plans for Parkland Acquisition
Description of Work Product: •
The City adopted its Park System Master Plan in 2009. The plan outlines the need to acquire park property and
construct park improvements to preserve open spaces, enhance water quality, and provide recreational
opportunities. Progress towards fulfilling these needs was hampered by the lack of funding. On November 2,
2010, Tigard voters passed a $17 million general obligation bond to fund the purchase of real property for parks
and to fund a limited amount of park improvements.
In is anticipated that as of July 1, 2011 approximately $8 million of unallocated bond proceeds will remain, as
several pending land purchases will already have been completed. The workplan for 2011 includes:
• Program management (management, scheduling, cost control, and coordination)
• Public information and involvement strategy and implementation
• Real property acquisition
• Real estate appraisal
• Environmental investigations and contamination surveys
• Landscape architecture (for park development projects)
• Real property legal services
• PRAB support
• Grant research and application
_i.tt - , i ce' n - -n .
• Public information plan complete, executes for entire year
• Park and Recreation Advisory Board (PRAB) begins phase 2 acquisition process
• Acquisition activities commence
• Pre - design /land use on development projects commences
• Management structure /reporting begins, continues entire year
• Summer Creek environmental education program begins
1st Quarter • Purchase of Potso Dog Park completed
• Summer Creek master plan development begins
• Land use and pre - design packages completed
• PRAB begins phase 2 acquisition analysis
2nd Quarter • Purchase of Sunrise and Summer Creek II completed
• PRAB phase 2 acquisition list announced, endorsed by Council
• Design of improvement packages begins
3rd Quarter • PRAB begins phase 3 acquisition analysis
• PRAB phase 3 acquisition analysis continues
• Acquisition activities commence
• Pre - design /land use on development projects commences
• Phase 3 improvements projects budgeted
4th Quarter • Development projects bid
FY 12 -13
The workplan for FY2012 -2013 will be structured similarly; the activity and dollar volume is expected to remain
at a high level in that this will be the second year of a three year project.
15
2011 COUNCIL GOALS WORK PLAN
FY13 -14
This will be the third year of the project and activities should be wrapping up. We anticipate funding will
decrease and the bond funds will be completely used.
Lead Department: Public Works
Staff Lead: Steve Martin, Parks & Facilities Manager, Brian Rager, Asst Public Works Director (oversight lead)
Partners:
• Dog park supporters • City Councilors (see Oversight Roles)
• Park users • Parks and Recreation Advisory Board
• Youth sports leagues members(see Oversight Roles)
• Bicyclists and hikers • City Administration staff
• Metro • Finance
• External funding partners • Public Works - Park /Grounds, Engineering
• Environmental organizations and Stormwater divisions
• Neighborhoods affected by purchase of • Community Development Department
development proposals
Coordination with /Impacts on other projects /priorities:
• Community Development Department (for consistency with city plans, land use)
• Funding partners
• Regulatory agencies
Resources required:
The 2011 -2012 capital budget request includes approximately $8 million of unallocated project categories into
which the PRAB /Council decisions will be included as developed. It is anticipated that actual expenditures will
occur as follows:
I FY 2011 -2012 $2 million The funds already allocated by Council, but not spent as of February 1,
2011 will go towards the purchase of Potso Dog Park, the Sunrise
FY 2012 - 20 13 $4 million property, and Summer Creek phase II.
FY 2013 -2014 $2 million In 2011 this project's personnel resources will be made up of a
combination of in -house staff and outside consultants. In -house staff
time is estimated at 1.5 FTE, which will cost $165,750. This cost will not
be funded with bond dollars. The cost of outside consultants depends upon acquisition and improvement
projects that have yet to be determined. Consultant costs may be paid from bond proceeds.
Project costs for 2011 are as follows:
$41,438 In -house staff (non -bond issue expenses)
1st Quarter $625,000 Land purchases /projects (Potso) from bond proceeds
$41,438 In - house staff (non - bond issue expenses)
2nd Quarter $6,400,000 Land purchases /projects (Sunrise, Summer Creek II) from bond proceeds
$41,438 In -house staff (non -bond issue expenses)
3rd Quarter $1,000,000 Land purchases /projects from bond proceeds
$41,438 In - house staff (non - bond issue expenses)
4th Quarter $1,000,000 Land purchases /projects from bond proceeds
Total $9,190,752
16
2011 COUNCIL GOALS WORK PLAN
Council Goal 4:
Advance Methods of Communication
a. Communication is a part of everyone's job
Description:
• Staff creatively adapt and use various communication tools as technology and public receptivity change
over time.
• Project /Program Managers /Supervisors develop communication /outreach plans for each City Council
goal designed to reach stakeholders using tools appropriate to the level of interest and desired involvement.
Plans are included as part of project /program work plans and submitted to Council as receive and file.
• Department Directors identify and provide training and coaching for employees as needed on information
resources, community outreach, writing for a target audience and communication plans.
• Staff members adhere to the city's Logo and Design standards.
• Staff members recognize citizens' preference of the Cityscape as the preferred source of information and
use it as a primary communication tool.
• Staff members respond to requests for information in their area(s) of responsibility within 1 business day
with either a complete and accurate response or a date the response will be provided.
Timeline of significant events:
• March 1 — April 30: Individual department training on Logo and Design standards.
• March 30: Communication /Outreach plans for 2011 City Council goals received by Council.
• Monthly: Cityscape deadlines are met.
Lead Department: City Management
Staff Lead: Liz Newton, Assistant City Manager /Administrative Services Director
Partners:
• Department Directors
• Design & Communications Staff and Web Services Coordinator
Coordination with /Impacts on other projects /priorities:
• Development of communication plans for council goals can be incorporated into project /program work
plans.
• Training on Logo and Design Standards will be tailored to individual department's needs.
Resources required:
• 1.8 FTE — Graphic Design
• 0.4 FTE — Cityscape layout and edits
• 0.9 FTE — Website design and maintenance (both internal and external sites)
17
•
2011 COUNCIL GOALS WORK PLAN
Council Goal 4:
Advance Methods of Communication
b. Support efforts to change organizational culture
Description of Work Product:
Build on the momentum of the organization wide City Values project and further cement these values into the
culture:
• Conduct an employee survey to measure employee engagement and the impact of the values into the
culture
• Incorporate results from the survey into improved efforts to integrate the values into the workforce
(e.g. better communication of the values, improved recognition, greater support to Values Team, etc.)
• Support the City Values Team in their activities and efforts — continue regular team meetings to
facilitate the goals of the values program
• Conduct additional Behavioral Interviewing workshops for hiring managers to reinforce hiring
standards that reflect the values
Timeline of significant events:
1s` Quarter Conduct Employee Survey
Begin to develop Action Plan based on survey results
Support Values Team
2°d Quarter Finish Action Plan
Begin to implement changes based on survey results
Support Values Team
3"' Quarter Conduct Behavioral Interviewing workshops
Support Values Team
• 4th Quarter Review current strategies and make appropriate changes
Support Values Team
2012 forward Continue impport City Values
Lead Department: Human Resources Division, City Management Department
Staff Lead: Sandy Zodrow, Human Resources Director
Partners: All city employees- managers, supervisors, department directors, the City Manager and City Council
Coordination with /Impacts on other projects /priorities:
The City Values project is an established Goal/Objective in FY11 -12 for the Human Resources Division. As
such, staff time will be allocated accordingly and in consideration with other goals and objectives for the division.
Most of the services provided by Human Resources already incorporate the city values (e.g. training,
performance management, employee consulting, recruitment, etc.) so they are coordinated with most services
provided by HR.
The city values have a positive impact on a variety of work tools, programs and staff. Their continued emphasis
in performance management, hiring and recognition activities on a city wide and department wide basis will
benefit work performance and service delivery. Human Resources, the City Values Team and the Executive Staff
will oversee these tools and their effective link to the values. Information from the city wide employee survey
will serve as a basis for evaluating the impact of the values to date, and provide information on the strategic ways
to further embed the values in the organization.
18
2011 CouNCIL GOALS WORK PLAN
Resources required:
There are currently no funds allocated or any requested in FY11 -12 for the City Values program, either for the
City Values Team or any activities /efforts related to the program. The Human Resources Division has been
administering the program and providing staff support to the City Values Team, and any expenses to date have
come from the division's existing budget. At this time it is unknown what the survey date will reveal in terms of
additional future efforts /activities, therefore resources needed beyond what is currently available.
19
2011 COUNCIL GOALS WORK PLAN
Council Goal 5:
Continue Coordination with Lake Oswego on Water Partnership
Description of Work Product:
In August 2008, the cities of Lake Oswego and Tigard formally endorsed a partnership agreement for sharing
drinking water resources and costs. Lake Oswego's water supply system is near capacity, and key facilities need
expansion and upgrades. Tigard water customers need a secure, dependable water source. Both cities want to
keep water affordable for their customers and sharing the cost of new infrastructure accomplishes this goal.
The scope of the project includes design and construction of the following infrastructure:
• A new 38- million- gallon- per -day (mgd) river intake pump station (RIPS) located along the Clackamas
River in Gladstone. The initial capacity is 32 mgd, but sizing will allow for future expansion to an
ultimate capacity of 38 mgd.
• Approximately 14,000 feet of new raw (untreated) water transmission piping (RWP) connecting the
RIPS structure to Lake Oswego's Water Treatment Plant (WTP).
• Expansion of the WTP from its current 16 mgd to 32 mgd, with provision for future expansion to 38
mgd.
• Approximately 35,000 feet of new finished (treated) water transmission piping (FWP) connecting the
WTP to the existing terminal reservoir, Waluga Resersoir (WR), located in Waluga Park.
• A new 3.5 million gallon water reservoir at Waluga Park.
• Replacement of Tigard's existing Bonita pump station (BPS). The new pump station will have a
capacity up to 20 mgd.
In addition to the infrastructure improvements described above, the following activities will also take place:
• Financing the Tigard portion of the project via a series of revenue bond sales.
• Implementing subsequent rate adjustments already approved by Council.
• Environmental permitting to support the infrastructure construction projects.
• Water rights extension, including appeal processes.
Timeline of significant events:
• Oregon Water Resources Department (OWRD) ruling on water rights extension, exceptions
filed
• Value planning report
• WTP request for proposals issues and contract award
• SCADA (computer system that monitors the water system) request for proposals issued
• Pipelines request for proposals issued
• Environmental permitting submittals
1st Quarter • Public outreach
• Tigard and Lake Oswego budget and program annual CIP adopted
• OWRD water rights extension final order issued, legal challenge timeline begins
• SCADA contract awarded
• Design of WTP and SCADA proceeds
• Pipelines design contract awarded
• Initial revenue bond sale preparatory work completed
2nd Quarter • Public outreach
20
2011 COUNCIL GOALS WORK PLAN
• Water right extension final order to Court of Appeals?
• Work on WTP, SCADA, pipelines proceeds
• Request for proposal for RIPS, WR, and BPS issued, contracts awarded
• Tigard initial revenue bond sale
• Environmental permitting continues
3 Quarter • Public outreach
• Land use applications active in Gladstone, West Linn, Lake Oswego
• Design continues on WTP, SCADA, pipelines, RIPS, WR, and BPS
• Environmental permitting
4th Quarter • Public outreach
This project is currently slated for completion in 2016. A schedule showing out years is attached to this
document.
Lead Department: Public Works, Finance & Information Services (revenue bond component)
Staff Lead: Dennis Koellermeier, Public Works Director
Partners:
• Finance and Information Services Department
• City of Lake Oswego
• Tigard Water Service Area customers
• Intergovernmental Water Board jurisdictions
o Municipalities where projects will be located: City of Gladstone, City of West Linn, Clackamas County
Coordination with /Impacts on other projects /priorities:
• The work toward this goal, including the revenue bond sale, should be coordinated with Council Goal 6,
"Financial Stability."
• The BPS project should be coordinated with other CIP projects in the area, if any.
Resources required:
In 2011 this project's personnel resources will be made up of in -house staff. In -house staff time is estimated at
1.1 FTE which will cost $121,550. The 2011 payments to managing partner Lake Oswego are estimated at
$5,926,960. Bond issuance expenses are estimated at $100,000.
Project costs for 2011 are as follows:
1st Quarter $1,229,702 or 20% 1
2 " Quarter $1,537,128 or 25%
i
3` Quarter $1,844,553 or 30%
4 Quarter $1,537,128 or 25%
Total: $6,148,511
21
2011 COUNCIL GOALS WORK PLAN
Council Goal 6:
Financial Stability
a. Hold the line on General Fund Budget
Description of Work Product:
Holding the line on the General Fund Budget in calendar year 2011 has two primary components:
1. In the first half of the calendar year, develop and adopt a budget for fiscal year 2011 -2012 that has the
same number of FTE and no dollar growth in materials and services when compared to the budget of FY
2010 -2011. This will result in a General Fund budget in FY 2011 -2012 that only has cost of living type
increases.
2. In the second half of the calendar year, the City will need to minimize growth in the General Fund
budget where increases in expenditures come with revenues and will need to provide quarterly reports to
the Budget Committee to ensure that actual expenditures comply with the adopted budget.
Timeline of significant events:
2°d Quarter of 2011:
a. Proposed Budget published
b. Budget Committee Meetings to create the Approved Budget
c. Council Hearing to pass the Adopted Budget
3' Quarter of 2011:
d. Adopted Budget Document published
e. Budget Committee Workshop with Council including preliminary fiscal year end for FY2010 -2011
4` Quarter of 2011:
Budget Committee Workshop with Council including preliminary quarterly report on first quarter of FY11 -12.
Lead Department_ Finance and Information Services
Staff Lead: Toby LaFrance, Director of Finance and Information Services
Partners:
While it will be the responsibility of Finance and Information Services to produce the reporting on current
expenditures and run the budget process for FY 2011 -2012, all the City departments will be partners in managing
their expenditures and budgets. This will primarily impact Police, Library, and Public Works which comprise
over three quarters of the General Fund.
The Budget Committee is our other primary partner. The Budget Committee helps oversight of our existing
expenditures and revenues as well as approving the FY 2011 -12 Budget.
Coordination with /Impacts on other projects /priorities:
By financially holding the line on the General Fund Budget, there will be decay in certain services. Demand for
City services continues to grow with our down economy. On top of these core services, Council has an
ambitious set of priorities. It is possible that the Budget Committee and Council may need to make choices
between funding core service levels and funding projects associated with Council priorities. There are not new
or additional resources to expand department appropriations to meet Council priorities.
Resources required:
0.5 FTE Sr. Management Analyst in Finance to deal with General Fund issues.
0.2 FTE Director of Finance and Information Services
Unspecified time for staff in the departments and Financial Operations.
22
2011 COUNCIL GOALS WORK PLAN
Council Goal 6:
Financial Stability
b. Work with partners on long -range solutions to statewide structural problems.
Five- Year Council Goal:
Continue to support the Legislature in addressing the financial needs of state and local
governments in Oregon.
Description:
City Council finalized the city's legislative priorities for the 2011 Oregon Legislative Session on November 9,
2011. One of the identified priorities is to "Maintain and strengthen the state's historic commitment to the State
Shared Revenue funding formula." The Mayor will meet with state legislators regularly throughout the session
and to advance the city's interests. Staff will support legislators' community events that connect elected officials
with citizens. Staff will monitor legislation and provide testimony in support or in opposition to legislation that
impacts the city's financial position. The city will coordinate testimony with other cities or associations as
appropriate.
Timeline of significant events:
• February 1, 2011 — Legislature convened.
• February 23r - Senator Burdick and Representative Doherty host Town Hall in Tigard City Hall.
• Monthly during session — Mayor, City Manager and Asst. City Manager meet with Sen. Burdick and Rep.
Doherty.
• Weekly during session — Staff issues legislative tracking report.
Lead Department: City Management
Staff Lead: Craig Prosser, City Manager, Liz Newton, Assistant City Manager and Kent Wyatt, Sr.
Management Analyst
Partners:
Any City Department potentially affected by legislation may be asked to review and comment on proposed
legislation.
Coordination with /Impacts on other projects /priorities:
Review of proposed legislation may require quick turn - around which could delay work on other scheduled
priorities.
Resources required:
0.2 FTE to monitor legislation and provide support for legislators' community activities.
0.1 FTE to meet with legislators monthly.
23
2011 COUNCIL GOALS WORK PLAN
Council Goal 6:
Financial Stability
c. Evaluate the City's Internal Sustainability Efforts
Five Year Goal: Develop Sustainability Plan
Description of Work Product:
Phase one of this goal includes developing a common definition of " sustainability" for the organization and
identifying and evaluating existing sustainability efforts. Phase two will be to develop a comprehensive
sustainability plan for the City. The City Council has placed a high priority on sustainability by elevating this issue
from its 2010 five -year goals to its 2011 goals. This ensures the City begins to take action on this item in 2011.
The work plan for 2011 includes:
• Data collection (to identify existing sustainability efforts)
• Research (what are the options available to the organization and how might they be funded)
• Analysis (alternatives developed, data evaluated, rate of return determined, projects prioritized)
• Reporting
• Council interaction and approvals
Timeline of significant events:
• Data collection
• Project definition and management
2nd Quarter • Initial Council work session held
• Research
Quarter • Analysis
• Draft summary report published
• Council action a preliminary
4th Quarter sustainability plan
Lead Department: Public Works
Staff Lead: Michelle Wright, Business Manager
Partners:
Community Development Department and city staff
Coordination with /Impacts on other projects /priorities:
• During phase one, interaction with other City departments will be needed during data collection.
• If the Council decides to pursue sustainability in future budget years, the resulting work will require
extensive interaction and coordination among all City departments. The outcome will likely be that the City
will adopt new or different business practices which would have an impact citywide.
• The work toward this goal should be coordinated with Council Goal No. 6, "Financial Stability."
Resources required:
In 2011 this project's personnel resources will be made up of a combination of in -house staff and outside
consultants. In -house staff time is estimated at 0.25 FTE which will cost $27,625. Consulting work from a firm
that specializes in sustainability is estimated at $10,000.
24
2011 COUNCIL GOALS WORK PLAN
Note: The $10,000 in consulting services is not included in the proposed FY 2011-2012 budget and will need to be added in order
to fully implement this workplan.
Project costs for 2011 are as follows:
r 2nd Quarter $9,208 in -house staff
3rd Quarter $19,208 in -house staff ($9,208) and consultants ($10,000)
4th Quarter $9,208 in -house staff
Total $37,624
25
2011 COUNCIL GOALS WORK PLAN
Council 5 -Year Goal:
Explore (Pacific Highway) 99W Urban Renewal District
Description of Work Product:
This work product is dependent on the findings of the Pacific Hwy / 99W High Capacity Transit (HCT) Land
Use Plan. In order to assess where an urban renewal district is most feasible in the area, it is necessary to know
where Station Area Communities are to be sited. Ideally, the alignment HCT should also be known. However,
this will not be possible for the next few years; until several federally required studies are done. Therefore staff
will address this goal by developing an urban renewal scenario based on information that is developed through
the HCT land Use Plan.
This work is intended to provide an understanding of the feasibility of an urban renewal district in the area
including the best prospects of building tax increment revenues to help construct public facilities and take other
actions to promote high quality urban development in the corridor. The work will provide the starting point to
more comprehensively investigate urban renewal as information is developed in the future.
The work product will be a written report to Council in association with the Draft Highway HCT land use plan.
Council may or may not decide to give staff further direction at that time.
Timeline of significant events:
Action/Event 'Timin
Evaluate HCT land use plan findings and other information and prepare a Winter - Fall 2011
written report regarding the prospect of urban renewal within the Pacific
Highway Corridor
Present report for Council review and direction Winter /Spring 2012
Lead Department: Community Development
Staff Lead: Ron Bunch, Community Development Director
Partners:
Intcrnal akcl 1 signal Stakchuldcrt,
City Council The involvement of external stakeholders should occur if
City Attorney Council decides to further investigate the formation of an
Public Works /Engineering Urban Renewal District
City Admin
Finance and Information Technolo 4, Services
Coordination with /Impacts on other projects /priorities:
Projects / Priorities Reason for Coordination impact
Triangle Master Plan
SW Corridor Plan
(HCT Land Use Plan) These two plans will provide the data and other technical
SW Corridor Plan information to develop an Urban Renewal District Policy Coordination and
Scenario S nergy of effort
Impacts of "Exploring an Urban Renewal District" on other work programs
This work is specialized and will require an investment of time of the Community Development Director and
Urban Renewal Manager. It is important to keep the work product within the bounds of a "scenario" in order for
26
2011 COUNCIL GOALS WORK PLAN
there not be impacts on other goals and tasks staff is engaged. The initial effort can also be compared to an in-
depth scoping exercise that provides decision- makers with needed information regarding whether or not to
proceed further.
Resources required:
.2 FTE plus minor consulting time
(This is in addition to required administrative and management sia ff time and staff working on processing land development applications, other
Council Goals, Development Code Reforng Downtown Redevelopment; Comprehensive Plan Periodic Review; Code Enforcement Restructuring ;
Tigard Trails Master Plan, etc.)
27
2011 COUNCIL GOALS WORK PLAN
Council 5 -year Goal:
Develop Long -Term Financial Strategy
Description of Work Product: Tigard is already well on the way to fulfilling this goal. We have practices
in place such as including a forecast as part of the budget decision making process. What Tigard is lacking is in
our documented strategies and policies. The proposed outcome of this goal is to have a discussion with Council
resulting in updated financial policies and a Strategic Finance Plan for Tigard that integrates existing master
plans, operations, and revenue analysis /opportunities into a single document.
Timeline of significant events: Without additional staff, this work will need to be done during relative
lulls in the Budget /CIP /Forecasting process or lulls in the annual audit process. This limits Tigard to fall and
sprint for bud:et and audit staff, ressectivel T. A rou:h scope of work could be:
Timing Event
Fall 2012: Review best financial practices from the Government Finance Officers Assoc., discuss with
Budget Committee and Council to guide emphasis of document and policy /practice checklist
for development.
Spring 2013 Review current major revenue sources and opportunities for existing and potential revenues.
Fall 2013 Perform a forecast of service demand and a survey of existing master plans. Use results to create a
needs analysis.
Spring 2014 Combine results of revenue analysis and needs analysis to create a gap analysis. Work with Budget
Committee and Council on strategies to address existing base services and revenues plus strategies to
address the gap analysis.
Fall 2015 Based on results of prior steps, go to Council to adopt Financial Strategies document.
Lead Department: Finance and Information Services
Staff Lead: Toby LaFrance, Director of Finance and Information Services and Debbie Smith - Wagar, Asst.
Finance Director
Partners:
Budget Committee, City Departments, Oregon Municipal Finance Officers Association, Government Finance
Officers Association
Coordination with /Impacts on other projects /priorities:
The results of the Long -Term Financial Strategy document should assist Council with the ability to finance the
Five -Year and Long -Term Goals of Council.
Resources required:
Annually, this project would require approximately 0.2 FTE each of the Director of Finance and Information
Services, Sr. Management Analyst in Finance Admin, Assistant Finance Director, and Accounting Supervisor. It
is also likely to involve approximately 0.1 FTE of the Business Managers in Police and Public Works other
citywide staff.
28
2011 COUNCIL GOALS WORK PLAN
Council 5 -year Goal:
Start Implementing Plan for City Facility Needs
Description of Work Product:
The Council adopted the City of Tigard 20 -Year Facilities Plan in 2008. This plan serves as a road map for
facility planning over a 20 -year period. The plan considered current space needs, condition of existing facilities,
projections for future space needs and an overall master plan strategy to get there. The master plan incorporated
the following three key ideas:
• Reuse existing facilities as long as feasible.
• Maintain a centralized location for City operations and create a civic complex.
• Support the objectives of the Tigard Downtown Implementation Plan (I'DIP) and the City Center Urban
Renewal Plan (CCURP).
According to the facilities plan, the most significant work space deficit is in the Police Department, where
conditions are extensively overcrowded. Another key finding of the facilities plan was the fact that the Public
Works Department renovated the building at 8777 SW Burnham Street and moved most of its staff to that
location as a temporary measure. The long -term objective is to completely consolidate and move the department
to a more industrial location in the City that is better suited for a public works operation. The current public
works yard, located at the south end of Ash Avenue, off Burnham Street, is in an area identified for future
redevelopment in accordance with the TDIP and the CCURP.
Recommended "major steps" in the facilities plan strategy within the first five years of the plan (out to year
2013) are as follows:
1. Develop a new public works yard and facility and decommission the old public works yard on Ash Ave.
2. If a funding source and a site become available, the best solution would be to construct a new Police
facili .
In order to implement these first major steps, land and substantial funding are required. Meanwhile, existing
City facilities continue to require annual maintenance and repairs. For instance, the facilities plan acknowledged
that the current City Hall, Permit Center and police buildings are in need of significant exterior repairs
(replacement of outer skin coating) and seismic upgrades.
Staff uses the facilities plan as guideline to make ongoing maintenance and repair decisions for existing facilities.
Repair and maintenance activities will be prioritized annually and submitted as a part of the Property
Management budget.
In addition, staff will work with the Finance and Information Services Department to develop potential funding
mechanisms that could help implement the first steps of the facilities plan.
Timeline of significant events:
- Develop the FY 2012 Property Management budget with the highest priority facility
maintenance and repairs included.
1st Quarter - Continue to investigate potential sites that could accommodate a Public Works facility.
2nd Quarter Collaborate with other departments toward funding mechanisms.
3rd Quarter Provide an update to Council regarding potential sites for a relocated public works facility.
4th Quarter Provide an update to Council regarding potential funding mechanisms.
29
2011 COUNCIL GOALS WORK PLAN
Lead Department: Public Works Department
Staff Lead: Steve Martin, Parks and Facilities Manager
Partners:
• Community Development Department (land use, TDIP & CCURP issues, permitting issues)
• Police Department (future relocation coordination)
• Finance Department (potential funding mechanism development)
Coordination with /Impacts on other projects /priorities:
The work toward this goal should be coordinated with the Council Goal 6, "Financial Stability."
This goal will also be closely coordinated with the "long -term financial strategy" goal in the five -year outlook.
Resources required:
This project will require time and input from a variety of in -house staff, mostly from the Public Works,
Community Development, Finance and Information Services, and Police Departments. In -house staff time is
estimated at 0.2 FTE, or $22,100. Outside consulting services may be needed to develop funding mechanisms.
The anticipated cost for these services is $50,000. Note: The 550,000 in consulting services is not included in the
proposed FY 2011-2012 budget and will need to be added in order to fully implement this workplan.
A portion of relocation costs may be recouped through the sale of existing facilities. Funding resources needed
to implement the first three major steps of the facilities plan strategy are:
$15,600,000 * l New public works yard /decommission Ash Avenue yard
$8,350,000 * Relocate police to intermediate facility at current Public Works Building
$21,350,000 * I New police facility
•
30
2011 Council Goals Work Plan
City Management
TIGARD
Council Goal Description of Work Product Timeline Impact on Other Priorities Resources
• Adapt and use various communication tools as technology and • March 1 — April 30: Individual • Development of • 1.8 FTE — Graphic
4 public receptivity changes. department training on Logo and communication plans for Design
Communication Design standards. council goals can be
• Develop and file communication plans for each City Council goal incorporated into • 0.4 FTE — Cityscape
i5 a part Of designed to reach stakeholders using tools appropriate to the • March 30: project /program work layout and edits
everyone's job level of interest and desired involvement. Communication /Outreach plans plans.
for 2011 City Council goals • 0.9 FTE — Website
Staff Lead: • Identify and provide training and coaching for employees as received by Council. • Training on Logo and design & maintenance
Liz Newton needed on information resources, community outreach, writing Design Standards will be (both internal and
for a target audience and communication plans. • Monthly: Meet Cityscape tailored to individual external sites)
deadlines. department's needs.
• Adhere to city's Logo & Design standards.
• Recognize citizens' preference of Cityscape as preferred source
of information and use it as a primary communication tool.
• Respond to information requests within 1 business day with
either an accurate response or date response will be provided.
• Employee survey to measure employee engagement & impact 1st Quarter: Conduct Employee 1 • Staff time will be allocated • Continued staff
4b. Support of the values Survey, develop Action Plan in consideration with support from HR
efforts tO change other goals and objectives
• Incorporate results into improved efforts to integrate the values 2nd Quarter: Finish Action Plan, for HR. • Additional resources
organizational implement changes based on survey g Y required dependent
culture • Support the City Values Team in their activities and efforts • Most of the services on survey results
3rd Quarter: Conduct Behavioral provided by Human
Staff Lead: • Conduct additional Behavioral Interviewing workshops for hiring Interviewing workshops Resources already
Sandy Zodrow managers incorporate the city values
4th Quarter: Evaluate strategies &
make appropriate changes
• City Council finalized the city's legislative priorities for the 2011 • February 23rd — Sen. Burdick & • Review of legislation may • 0.2 FTE - monitor
6b. Work with Oregon Legislative Session on November 9, 2011. Rep. Doherty host Town Hall in require quick turn - around legislation
partners on long- Tigard City Hall. which could delay work on
• Mayor will meet with legislators monthly throughout the session. other scheduled priorities. • 0.1 FTE - meet with
range solutions • Monthly during session — Mayor, legislators monthly.
to statewide • Staff will support legislators' events connecting elected officials City Manager and Asst. City
structural with citizens. Manager meet with Sen. Burdick
problems and Rep. Doherty.
• Staff will monitor legislation and provide testimony in support or
in opposition to legislation that impacts Tigard. • Weekly during session — legislative
Staff Lead: tracking report.
Liz Newton
Total Resources: 3.4 FTE
2011 Council Goals Work Plan
Community Development
T1G A1;1?
Council Goal Description of Work Product Timeline Impact on Other Priorities Resources 1
,
• City adoption of Economic Opportunities Analysis Spring /Summer 2011: Tigard Triangle Town • Coordinate with the HCT Land Use • 0.5 FTE &
la. Show Center designation; EOA Adoption Plan and other the Southwest consulting
substantial • City adoption of Metro Town Center designation for by Council Corridor Planning efforts. It cannot assistance
the Tigard Triangle proceed by itself and be meaningful.
progress on new Fall /Winter 2011: Preliminary Designations
Tigard Triangle . proposed designations of High Capacity Transit (HCT) of High Capacity Transit (HCT) Station Areas; • Inadequate staff resources are
Master Plan Station Community Areas within and in the vicinity of plan for other transportation improvements available to focus solely on this
the Tigard Triangle to support HCT Station Community Areas project
Staff Lead: and other Tigard Triangle Development;
Judith Gray • Non -HCT transportation improvements to support recommendations for interim and long term • If staff had to engage in a stand -
Darren Wyss HCT Station Community Areas and other future land use designations: development of a alone" project now to develop a
development in the Tigard Triangle Tigard Triangle funding mechanism for street Tigard Triangle Land Use and
improvements Transportation other work
• Recommendations for interim and long term land use programs and their schedules would
designations Winter 2011 /Spring 2012: Planning be negatively affected.
Commission scoping for full Master Plan
• Development of a Tigard Triangle funding mechanism Project to proceed in 2012 • Furthermore, such an effort would
for street improvements such as an area specific be not be useful because future,
System Development Charge. Summer 2012: Council receipt of Planning Alternative Mobility Standards, HCT
Commission Scoping Recommendation and Station Area locations, Alternatives
• Develop a detailed Master Plan scope of work, Report Analysis, and Alignment HCT
process and schedule based on findings from the HCT decisions are primary factors that
Land Use Planning effort and other studies. Spring 2013 Alternative Mobility Standards must be considered.
Code amendments addressing the following will be Winter 2011: Draft Street Tree Code • Project is citizen involvement • 2.0 FTE &
1b. Update Tree brought to Council for its consideration: Provisions; draft Tree Plan Code Provisions intensive. consulting
Code assistance
• Management of hazard trees (completed) Winter /Spring 2011: Proposal for Tree Grove • Past efforts did not succeed due to
• Planting, maintenance and removal of street trees ' Preservation I contention between development
Staff Lead: in non - development situations community and citizens.
Todd Prager • Preservation of Tree Groves using flexible and Spring /Summer 2011: Draft Tree Permit
incentive based regulations Requirements — Development & Non - • CD has invested a significant
• Tree Plan Requirements (inventory; protection; 1 Development Situations amount of citizen and community
planting; mitigation, etc.) involvement / communication time
• Tree Permit Requirements in 1) development Summer /Fall /Winter 2011: Review Proposed I into the project.
situations and 2) when development is not ' Code Changes and Community Input
involved • Every effort is being made to work
Winter 2012: Planning Commission out issues before the proposed code
Workshops and Hearings amendments enter the public
hearing process.
Spring 2012: Council Workshops, Public
Hearings and Adoption
1
2011 Council Goals Work Plan •
Community Development
ri&_ARD
Council Goal Description of Work Product Timeline Impact on Other Priorities Resources
• Tigard, in partnership with Metro, ODOT and Tri- Winter /Spring 2011: Project Kickoff And • Project is CD's highest priority. • 1.50 FTE for
lc. Participate Met is engaged in a High Capacity Transit Land Use Stakeholder Interviews HCT Land Use
in the Plan that will identify up to ten future HCT Station • City needs to meet its commitments Plan with
Community Areas Spring /Summer 2011: Existing Conditions to regional partners and to funding consulting
Southwest Inventory and Analysis agencies assistance
Corridor Study • Metro and ODOT will be coordinating another
planning effort, the Interstate 5 / Pacific Highway Summer 2011: Project Design Work Shop • If necessary on other priorities, such • 0.25 FTE -
Staff Lead: 99W Corridor Refinement Plan that will evaluate as Code Compliance Reorganization coordinate and
Sean Farrelly how traffic management and emphasis on different Fall / Winter 2011: Station Area Plans and and Regulatory Reform, would be represent
Judith Gray transportation modes, including HCT, will improve Land Use Proposals curtailed to ensure project is Tigard's
mobility within the Corridor. completed. Interest in
Winter 2011: Community Open House, other SW
• The Corridor Refinement Plan will result in Planning Commission and City Council • CD has invested substantial staff Corridor
alternative mobility standards that will provide Workshops resources in ensuring a robust
some relieve to the Transportation Planning Rule's citizen involvement effort.
(TPR) constraints. Winter 2011 /Spring 2012: Presentation of
Legislative Options, such as Amended • Tigard's elected officials have a role
• The main task for Tigard staff in 2011 will be the Comprehensive Plan Policies; Land Use to provide input to state and
Pacific Highway 99W HCT Land Use Plan and to Designations; Amendments to the regional decision - makers and to
represent the City's interests in other Corridor Transportation System Plan, etc. represent the City's interests in the
Refinement planning efforts. political arena.
Spring 2013: Corridor Refinement Plan
• Significant staff resources will be focused on the Completion, review by agencies and affected
broader corridor planning efforts as above. jurisdictions and consideration for adoption
by Metro '
• There are three parts and it's important that this Winter /Spring 2011: Evaluate how Tigard will • A significant part of this project • 0.25 FTE
Id. Work with issue be addressed in all three of these venues in a be impacted by TPR & prepare local strategy involves political action that will
state and balanced manner. require senior management and
• Spring 2011: Expand the Town Center elected officials to engage with their
regional partners . Represent Tigard's interests at regional and designation to include the Tigard Triangle peers from other agencies and
to modify the statewide venues, including development of a joint jurisdictions.
(state) position on amending the TPR with other elected Winter to Fall 2011: Represent Tigard's
Transportation City and County officials and agency staff and interests at regional and statewide venues • Staff can research, analyze and
Planning appointees such as Metro and LCDC. present proposals, but involvement
Rule Fall 2011 to 2013: Represent Tigard's of elected officials will be necessary.
• Evaluate parts of Tigard where new development interests during the Pacific Hwy 99W/I -
will be impacted by the TPR. Develop a local Multi -Modal Corridor Refinement Plan Fall
Staff Lead: strategy and be able to tell Tigard's story.
Ron Bunch Ongoing: Implement Southwest Corridor High I
Capacity Transit
2
2011 Council Goals Work Plan
Community Development
T1GAT2
Council Goal Description of Work Product Timeline Impact on Other Priorities Resources
• Work on existing initiatives that will lessen a portion
Goalld. Modify of TPR requirements including developing specific
TPR cont. ways to mitigate traffic impacts; expanding the
Town Center designation to include the Tigard
Triangle; representing Tigard's interest in the Pacific
Hwy 99W/ 1 -5 Multi -Modal Corridor Refinement
Plan); implementing Southwest Corridor High
Capacity Transit.
• City does not support unincorporated urban Summer 2011: Washington County / Tigard • Coordination with other projects is • 0.2 FTE
le. Work with development. Consistent with this position Council Agreement on Means to Initiate Annexation not necessary to achieve the above
partners on has directed staff to implement the Comprehensive of Lands in Urban Growth Areas 63 & 64 limited goals. Extensive
Plan as it pertains to future urbanization of lands coordination will be required in
urbanization within Metro Urban Growth Areas 63 and 64 and the 2011 and Beyond: If the above is doing future work.
policy issues adjacent urban reserve area. Washington County has accomplished then following direction from
completed and approved by resolution an Council the work plan will be revised. The
Staff Lead: Urbanization Concept Plan for this area. timeline will likely extend into 2014
Ron Bunch
• A more detailed Community Plan, addressing
infrastructure financing; governance and land use is
required before urbanization can occur. City staff has
been working with Washington County and others on
an agreement on ways that Tigard can become the
governance and service provider.
• If the City is then in a position to annex the area, then
it must plan to complete the Metro required planning
work before urbanization can occur.
• This Council Goal should be reassessed at that time to
take into account the commitment necessary to
begin annexation, develop the required Community
Plan and extend infrastructure.
3
2011 Council Goals Work Plan
Community Development
T IG,1T: 1)
Council Goal Description of Work Product Timeline Impact on Other Priorities Resources
• Hold developers' forum to assess Downtown Summer 2011: Hold developer's forum to • This goal represents another • 0.8 FTE
2. Implement Redevelopment opportunities with stakeholders; assess Downtown Redevelopment program element for Downtown
Downtown and opportunities; retail marketing plan and Redevelopment and cannot be
• Develop socio- economic (statistically based) Downtown Organization proposal accommodated with existing
Town Center Downtown/Triangle marketing materials and broadly resources, especially since the
Redevelopment distribute them; Fall 2011: Develop socio- economic Town Redevelopment Manager and
Opportunities: Center marketing materials; assessment of Community Development Director
Develop • Prepare an assessment / inventory of land in the land whose owners would consider ' are both engaged in the Pacific
Downtown whose owners would reconsider redevelopment Highway/ 99W HCT Land Use Plan.
strategy and redevelopment
materials to Winter 2011: Make Progress on Tigard St Trail • At least 0.5 FTE will have to be
attract • Work with Downtown businesses, property owners dedicated to this program.
developers and and consultants to develop a retail marketing plan Winter 2011/12: Complete planning & design
tenants and Downtown Organization proposal; of Main St. Green St. Retrofit; acquire suitable
property in the Downtown for public open
• Develop a Downtown /promotion web page; space; High Capacity Station Areas designated
Staff Lead: in the Downtown and Triangle; develop a
Sean Farrelly Develop a strategy to inform a broad spectrum of Downtown /promotion marketing web page
developers and investors of the Downtown's and ! inform a broad spectrum of developers and
Tigard Triangle's redevelopment and market investors of the Downtown's redevelopment
potential. and market potential.
• Work with property owners and developers on
development opportunity studies.
• This work product is dependent on the findings of the Winter /Fall 2011: Evaluate HCT land use plan • Triangle Master Plan • 0.2 FTE
Five Year Goal: Pacific Hwy / 99W High Capacity Transit (HCT) Land findings and other relevant information and • Southwest Corridor Plan
Explore (Pacific Use Plan. In this instance, the basis of an urban assemble relevant information pertaining to
renewal district would be prospect of building tax the formation of urban renewal district.
Highway) 99W increment to help construct public facilities needed
Urban Renewal to promote station community development.
District Winter /Spring 2012: Prepare and present
• The work product will be a written report to Council report for Council review and direction
Staff Lead: in association with the Draft Highway HCT land use
plan evaluating the potential for a successful urban
Ron Bunch renewal district prior to or in association with the
Development of HCT. Council may or may not decide
to give staff further direction at that time.
Total Resources: 5.7 FTE
4
2011 Council Goals Work Plan
Finance and Information Services
TIGARD
Council Goal Description of Work Product Timeline Impact on Other Priorities Resources
• In the 1st half of the calendar year, develop 2nd Quarter • Budget Committee and Council • 0.5 FTE Senior
6. Hold the and adopt a budget for FY 2011 -2012 with • Proposed Budget published may need to make choices Management
line on the same number of FTE and no dollar growth in • Budget Committee Meetings to create the between funding core service Analyst
materials and services compared to the budget Approved Budget levels and funding projects
General Fund of FY 2010 -2011. • Council Hearing to pass the Adopted Budget associated with Council priorities. • 0.2 FTE Finance
Budget Director
• In the 2nd half of the calendar year, minimize 3rd Quarter • There are not new or additional
Staff Lead: growth in the General Fund budget where • Adopted Budget Document published resources to expand department • Unspecified time
Toby LaFrance increases in expenditures come with revenues • Budget Committee Workshop with Council appropriations to meet Council from Finance
and provide quarterly reports to the Budget including preliminary fiscal year end for FY2010- priorities. Operatio staff
Committee to ensure that actual expenditures 2011
comply with the adopted budget.
4th Quarter
• Budget Committee Workshop with Council
including preliminary quarterly report on first
quarter of FY2011 -2012.
• City has practices in place such as including a Fall 2012: Review best practices from the • The Long -Term Financial Strategy • 0.2 FTE Finance
Five -Year forecast as part of the budget decision making Government Finance Officers Association, discuss document should assist Council Director
Goal: Develop process. ' with Budget Committee and Council to guide with the ability to finance the Five -
emphasis of document and policy /practice checklist. Year and Long -Term Goals of • 0.2 FTE Senior
Long -Term • Strengthen documented strategies and Council. Management
Financial policies. Spring 2013: Review major revenue sources and Analyst
Strategy opportunities for existing and potential revenues.
• Discussion with Council resulting in updated • 0.2 FTE Assistant
Staff Lead: financial policies and a Strategic Finance Plan Fall 2013: Complete a forecast of service demand Finance Director
Toby LaFrance for Tigard that integrates existing master and a survey of existing master plans. Use results to
plans, operations, and revenue create a needs analysis. • 0.2 FTE ,
analysis /opportunities into a single document. Accounting
Spring 2014: Combine results of revenue analysis Supervisor
and needs analysis to create a gap analysis. Work
with Budget Committee and Council on strategies to • 0.1 FTE of the
address existing base services and revenues. Business
Managers in
Fall 2015: Based on results of prior steps, go to Police and Public
Council to adopt Financial Strategies document. Works.
Total Resources: 1.6 FTE
2011 Council Goals Work Plan ..
Public Works
Council Goal Des cription of Work Product I Timeline Impact on Other Priorities Resources
i • Range of alternatives for developing a railroad € • 2 Quarter: Initiate project and • The Ash Avenue portion of this • In -house staff time
2b. Advance Ash crossing at Ash Ave. and eliminating a crossing ` identify a range of alternatives for project should be coordinated with estimated at 0.5 FTE
Avenue Railroad at either Tiedeman Ave. or North Dakota St. eac site other downtown CIP projects and which will cost
planning processes. $55,250.
Crossing • Council selects a preferred alternative for the i • 3` Quarter: Develop conceptual road
new crossing and identifies the crossing that " alignment and layouts • The North Dakota/Tiedeman ' • Outside consultants
5 -Year Goal: will be eliminated. portion of the project should be will complete: traffic
Obtain Crossing • 4` Quarter: Evaluate impacts to I coordinated with other CIP impact analysis for
In Downtown • Design and construction of the preferred '.' traffic, property owners, projects in the area. $30,000; wetlands and
alternatives will be scheduled as funding is neighborhoods, and cost. Finalize environmental analysis
secured, with the goal of completing the report, Council selects preferred • Coordinated with Council Goal No. for $20,000.
Staff Lead: projects within five years. alternatives 1 6, "Financial Stability."
Mike McCarthy j I
• Program management (management, • 1 Quarter: Phase 2 acquisition • Community Development 1 Approximately $8 i
3. Complete scheduling, cost control, and coordination) process; predesign on development Department (for consistency with million of unallocated I
Plan for projects begin; purchase of Potso Dog cityplans, land use) project categories into i
• Public information and involvement strategy l Park completed. _ _ which the #
Parkland and implementation • Fundi partners PRAB /Council decisions
Acquisition [ _ : • 2 " Quarter: Summer Creek master ° • will be included as, °
• Real property acquisition and appraisal plan development begins; predesign i►,I deve
Staff Lead: v packages completed; phase 2
Steve Martin
Brian Rager • Environmental investigatio'nn contamination surveys Sunrise and acquisition analysis; Purchase of • (n= house staff flrne Ts �
er i ,
g completed a" ` � -4. " �4 ! which estimated will at 15 cost
a architecture (for park development P ( p P $165,750.
• Landscape
, r d Quarter: Phase 2 acquisition
projects); , , • 3 i s i t i on l � ���
announced, endorsed by Council - Outside consultants
Design of improvement g p packages cost depends on
begins; phase 3 acquisition analysis acquisition and
; improvemen projects
• 4 Quarter Acquisition activities that have yet to be
1 commence; predesign on determined ;
z,.T development projects begins Phase 3
.
u ' In •pveme 5 p P,Occ kudJ; ted t ` : ,'
Y°
1
2011 Council Goals Work Plan •
Public Works
,gin
Council Goal D escription of Work Product timeline Impact on Other Priorit I
• New 38- million - gallon - per -day river intake 1 Quarter: Va p report; WTP , • Coordinated with Council Goal • In- house staff time is
5. Continued pump station with initial of 32 mgd, with request for proposals issues and contract No. 6, "Financial Stability." estimated at 1.1 FfE
future expansion to capacity of 38 mgd. award; SCADA (computer system that . which will cost
Coordination monitors the water system) request for • BPS project ) q pro ect should be $121,550.
with Lake • Approximately 14,000 feet of new raw proposals issued; pipelines request for coordinated with other CIP
Oswego on (untreated) water transmission piping proposals issued projects in the area, if any. • Payments to managing
Water connecting the RIPS structure to Lake partner Lake Oswego
Partnership Oswego's Water Treatment Plant. 2nd Quarter: Design of WTP and SCADA are estimated at
proceeds; Pipelines design contract $5,926,960.
• Approximately 35,000 feet of new finished awarded; Initial revenue bond sale "
Staff Lead: (treated) water transmission piping preparatory work completed • Bond issuance I
Dennis connecting the WTP to the existing terminal expenses are
Koellermeier reservoir, Waluga Resersoir. 3 Quarter: Request for proposal for estimated at $100,000.
RIPS, WR, and BPS issued, contracts
• New 3.5 million gallon water reservoir at awarded; Tigard initial revenue bond
Waluga Park. sale; environmental permitting continues
• Replacement of Tigard's existing Bonita pump 4 a' Quarter: Land use applications in
station (BPS). Gladstone, West Linn, Lake Oswego;
Design continues on WTP, SCADA,
pipelines, RIPS, WR, and BPS.
1 • Identify existing sustainability efforts . 2n d Quarter: Data collection; project •Interaction with other City i • In -house staff time is
6c. Evaluate the definition and management; initial i departments will be needed estimated at 0.25 FTE
• Research options available and funding Council work session held ', , during data collection. which will cost
City 'S Internal mechanism t' $27,625.
Sustainability 3 Quarter: Research and analysis :_ : • If the Council decides to pursue
Efforts � � *� � . � `:� -, sustainability in future budget • Consulting work
" '� , _ 4` n Quarter. Draft summary report years, extensive interaction and estimated at $10,000.. -'
A
w , published; Council action a preliminary coordination among all City
5 - Year Goal:
Develop sustainability plan Mds,�a€Y•
f
Sustainability ., . w 2 d r ,- • _• a 4 C
Plan ; t:.° .. , ,,' , -„, : ',' � ' j I
staff Lead 3 7 g � i ,, r r S , ` '„ ''
Michelle Wri ht r w . ��,
2
2011 Council Goals Work Plan g
Public Works - ®`'
Council Goal Description of Work Product Timeline Impact on Other Priorities Resources
• Develop' a new ` public. 'works yard, and 1 Devel ` the FY 2012 ' • • Coordinated with the Council • In- house, staff time is
Five Year Goal: facility and decommission the old public Property Management budget with the Goal No 6, `Financial. Stability" estimated at 0.2 FTE,
Start ' works yard on Ash Ave. highest priority maintenance and , and with the "long -term financial or $22,100.
repairs included;•, Continue to investigate I strategy" goal in the five -year
Implementing Relocate the P to -an intermediate potential sites that could accommodate modate outlook: • Outside consulting
Plan for City location at the current Public ,Works 'a Public Works facility. services may be
Facility Needs Building;.or needed to develop
2nd Quarter: Collaborate with other° . ., ° . funding mechanisms.
Staff lead: • If .a funding source and a Site become departments °on`funding mechanisms. , The anticipated cost
available, the best solution would be to for these services _ is
Steve Martin rd
construct ,a new Police facility, 3 Quarter: Update Council on potential $50;000.
sites for a relocated public-works facility. - -
In order to . implement these first major
steps, land and .substantial funding are 4 Quarter: Update Council on potential
required. Meanwhile, existing City facilities ; funding mechanisms., ,
continue to require annual maintenance
and repairs. ti
Total Resources: 3.55 FTE
3