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City Council Packet - 12/20/2011 71 '" City of Tigard Tigard Business Meeting - Agenda TIGARD Agenda was revised on December 15, 2011. A proclamation was added (see Non- Agenda) and a City Center Development Agency Executive Session was added at the end of the business meeting agenda. TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 20, 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. Briefing on Consent Agenda Item to Award a Computerized Maintenance Management System (CMMS) Contract to MaintStar B. Briefing on Southwest Corridor Plan Public Involvement and Messaging C. Administrative Items 1. Redrafted City Council 2012 goals are attached for review. Schedule for approval on January 10, 2012 after the State of the City Address? 2. Draft of the 2012 Board and Committee City Council Liaison Appointments. Schedule the appointment matrix for the January 24, 2012 Consent Agenda? 3. Select date for a training session with Joe Hertzberg. Potential dates include Tuesday, January 31 or Tuesday February 7 for an evening meeting. Would the Council consider a Saturday meeting? (Note: Monday, January 30 is the joint meeting with the Tigard/Tualatin School Board.) 4. Washington County Transportation Development Tax - Mayor Dirksen requests input from City Councilors prior to the January 9 Washington County Coordinating Committee meeting. Only recommendations received by December 23 will be included in the WCCC meeting packet for January 9. 5. Council Calendar: D ecember 26 Christmas Holiday Observed - City Hall Offices Closed i January 2 New Year's Holiday Observed - City Hall Offices Closed January 10 City Council Meeting - State of the City Address - 7:30 p.m. 8 1 January 16 Martin Luther King, Jr. Day Holiday Observed - City Hall Offices Closed January 17 1 City Council Workshop Meeting - 6:30 p.m. January 24 City Council Meeting - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting a January 30 3 City Council Meeting - Joint Meeting with the Tigard - Tualatin School Board 1 6:30 dinner; 7 p.m. meeting (this is a Monday) 1 December 20, 2011 Study Session Agenda - Page 1 (Executive session citation on Page 2) • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations and pending litigation under ORS 192.660(2)(e) and (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. December 20, 2011 Study Session - Page 2 7:30 PM 1. BUSINESS MEETING - DECEMBER 20, 2011 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 Proclamation - Tigard - A Rotary Peace Community 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. - time is estimated A. Follow -up to Previous Citizen Communication B. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:45 p.m. - time is estimated A. Approve City Council Meeting Minutes for: 1. October 25, 2011 2. Novcmbcr 15, 2011 Minutes to be submitted for the January 24, 2012 Consent Agenda B. Appoint Clifford Rone to the Budget Committee and Appoint Zoe Monahan as an Alternate Member to the Budget Committee RESOLUTION NO. 11 -39 - A RESOLUTION APPOINTING CLIFFORD RONE TO THE BUDGET COMMITTEE AND APPOINTING ZOE MONAHAN AS AN ALTERNATE MEMBER C. Reappoint Thomas Murphy and Appoint Deanie Bush and Sherrie Devaney to the City Center Advisory Commission, and Appoint Jeff Mauro as an Alternate Member to the City Center Advisory Commission RESOLUTION NO. 11 -40 -- A RESOLUTION REAPPOINTING THOMAS MURPHY, AND APPOINTING DEANIE BUSH AND SHERRIE DEVANEY AS VOTING MEMBERS OF THE CITY CENTER ADVISORY COMMISSION AND APPOINTING JEFF MAURO AS AN ALTERNATE TO THE CITY CENTER ADVISORY COMMISSION December 20, 2011 Business Meeting - Page 1 D. Appoint Donald Schmidt and Calista Fitzgerald as Voting Members to the Planning Commission and Andrew Miller and Dianne Armstrong as Alternates to the Planning Commission RESOLUTION NO. 11 -41 -- A RESOLUTION REAPPOINTING DONALD SCHMIDT AND APPOINTING CALISTA FITZGERALD AS VOTING MEMBERS TO THE PLANNING COMMISSION, AND APPOINTING ANDREW MILLER AND DIANNE ARMSTRONG AS ALTERNATES TO THE PLANNING COMMISSION E. Appoint Steven Bass, Christopher Warren and Evelyn Murphy as Voting Members and Mark Bogert and Shane Brown as Alternate Members of the Transportation Advisory Committee RESOLUTION 11 -42 -- A RESOLUTION REAPPOINTING CHRISTOPHER WARREN AND STEPHEN BASS AS VOTING MEMBERS OF THE TRANSPORTATION ADVISORY COMMITTEE, APPOINTING EVELYN MURPHY AS A NEW VOTING MEMBER AND APPOINTING MARK BOGERT AND SHANE BROWN AS ALTERNATE MEMBERS F. Approve an Agreement to Convey Tract H of Colony Creek Estates No. 2 to the City of Tigard RESOLUTION NO. 11 -43 -- A RESOLUTION APPROVING AN AGREEMENT, WHICH CONVEYS TRACT H OF COLONY CREEK ESTATES NO. 2 TO THE CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE CONVEYANCE G. Waive Temporary Sign Permit Fees for Tigard Little League RESOLUTION NO. 11 -44 -- A RESOLUTION WAIVING $104 IN TEMPORARY SIGN PERMIT FEES FOR TIGARD LITTLE LEAGUE H. Approve Amendment #01 to the Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) - Motor Vehicle Fuel Dealer Tax Collection I. Local Contract Review Board: 1. Award the contract for Banking Services to US Bank and Direct the City Manager to Carry the Contract through Execution 2. Award the Contract for Replacement of the Public Works Department's Computerized Maintenance Management System (CMMS) software to MaintStar, Inc. and Directs the City Manager to Execute the Contract. • ConsenLAgenda - Items Removed for 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. JOINT MEETING OF THE CITY COUNCIL AND THE TREE BOARD 7:50 p.m. - time is estimated December 20, 2011 Business Meeting - Page 2 5. PUBLIC HEARING - CONSIDER A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR THE LAKE OSWEGO - TIGARD WATER PARTNERSHIP 8:30 p.m. - time is estimated • Open Public Hearing • Hearing Procedures — This is an informational public hearing in which any person shall be given the opportunity to comment. • Staff Report • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • City Council Consideration: RESOLUTION NO. 11 -45 -- A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING A POTABLE WATER PUMP STATION AS PART OF THE LAKE OSWEGO - TIGARD WATER PARTNERSHIP AND AUTHORIZING IMMEDIATE POSSESSION OF THE PROPERTY 6. COUNCIL LIAISON REPORTS 8:50 p.m. - time is estimated 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION: • _ - - • • - - - - ; - - . • - - • .:. - .. . • . - - - ... e ' . . - : - . The Tigard City Center Development Agency will also go into Executive Session to discussreal property transaction negotiations under ORS 192.660(2)(e). 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. 9:00 p.m. - time is estimated 9. ADJOURNMENT 9:10 p.m. - time is estimated December 20, 2011 Business Meeting - Page 3 . .. 5UdQ TDL ) / Q I 0j/ is - b C P- 2012 Tigard City Council Goals — 3rd DRAFT, 12/2046/2011 On December 6, 2011, the City Council met to set itsgoalr for the comingyear. These goals represent those items t at the Council feeir deserve special attention in the months ahead The city will accomplish much more than what is listed here, but we identifi these to be of particular importance to our residents. ., 1. Take the Next Step on Major Projects a. Continue oversight of design, permitting, rate implementation. and costs for the Lake Oswego - Tigard Water Partnership (Alternative: Continue oversight of bond sale. rate N ,';. increases. site acquisition. permitting. design and water rights extension for implementation of the Lake Oswego - Tigard Water Partnership b. Implement the Comprehensive Plan through code revisions, including: i. Tree code ii. Contribute to the SW Corridor Plan to adopt Tigard's land use and identify strategic priorities for high - capacity transit station location alternatives by mid -2012 D 1. Determine the economic development opportunities. development plan, city policies and regulations needed to position the Tigard Triangle as a potential HCT station location c. Deliver on the promise of the voter - approved park bond by identifying all acquisition opportunities and completing the majority of park land acquisition and improvement by the end of 2012 2. Financial Sustainability a. Maintain the long -term financial health of the General Fund and reserves i. Develop a long -term financial strategy by mid -2012 b. Regularly communicate to residents the alignment of city priorities with resources c. Evaluate the city's sustainability efforts on an ongoing basis (to build on existing practices ?) 3. Downtown a. Identify a single geographic opportunity area downtown with the greatest potential to create a catalyst for further development. Concentrate most resources there 0 iC b. Contact owners of key structurally sound Main Street buildings with vacancies immediately. Be' coo • erative effort to secure hi • h . uali tenants that will contribute to the vitali of downtown 137 Attract desired tcnant3 in available spaces Carly in 2012 4. Annexation I OL a. Re- evaluate the city's neutral annexation policy l/ b. Develop a philosophy and approach that would allow the city to consider future annexations, including islands 5. Recreation a. Evaluate options and resources to create a pilot recreation program i. Inventory city and community recreational programs, facilities and resources that exist today ii. Partner with the school district and other partners to create recreational opportunities iii. Identify funding options that align with the demand for recreational programming Five Year Council Goals • Obtain Ash Avenue railroad crossing in downtown • Explore 99W Urban Renewal District as one part of a city -wide economic development strategy • Support the Legislature in addressing the financial needs of state and local governments in Oregon • Identify funding and implement plan for city facility needs • Renew intergovernmental water agreement Long - Term Council Goals • Continue pursuing opportunities to reduce traffic congestion • Continue implementing Downtown Urban Renewal Plan • Continue to monitor the Tigard /Lake Oswego Water Partnership Draft — Showing changes discussed at the December 6, 2011, Special City 2012 City Council Appointment Matrix Council 2012 Goal Setting Meeting Primary Committee Name Representative Alternate Rep Meeting Frequency Expe m tion Staff Liaison 3 -4 consecutive Monday Budget Committee All Council evenings in April & May Toby LaFrance The Budget Committee provides a public forum to obtain public views in the preparation of fiscal policy. Budget Subcommittee- Social Councilor Wilsert Services Woodard 1 meeting in March Toby LaFrance Reviews applications submitted by social service agencies for contributions from the city. Consists of 1 Council member and 2 citizen- members of the Budget Committee. Council Workshop or Study Budget Subcommittee - Events All Council Session in March Toby LaFrance Reviews requests for contributions to community events. City Center Development As needed during Council 2 x /month for 1 hr. Agency All Council sessions, ongoing 2 hours month Sean Farrelly This committee's role is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan. Community Development Block Councilor s 2n Thursday of the month Ongoing- appx. nts Grant Poliy Advisory Board Henderson Marissa Daniels at 7 p.m. Location rotates 2 hours month Marissa Daniels By IGA, Washington Co. established the Community Development Policy Advisory Board (PAB) to represent the County Consortium, make recommendations to the County Commissioners on all matters pertaining to the CDBG program. Includes a representative, generally an elected official, from the County and each of the 11 participating cities in the Co. Intergovernmental Water Board Councilor Buehner Councilor 2nd Wednesday Monthly Monthly Dennis Koellermeier Woodard 5:30 p.m., Water Building To make recommendations to the Tigard City Council on water issues and to carry out other responsibilities set forth in the IGA between Tigard, Durham, King City and the Tigard Water District. Each jurisdiction is represented by a member + 1 at- large. 2012 Council Appointment Matrix — Page 1 12/20/2011 Committee Name Repr sent Primary Alternate Rep Meeting Frequency Expect tion Staff Liaison Metro Joint Policy Advisory City of Cornelius 2 Thursday /month Mayor Dirksen Judith Gray Commission on Transportation C ouncilor J of Dalin 7:30- 9 a.m. @ Metro A 17- member committee that provides a forum for elected officials and representatives of agencies involved in transportation to evaluate transportation needs in the region and to make recommendations to the Metro Council. July — Dec 11 Mayor's Appointment Advisory Jan — June 11 Jan — June 12 July — Dec 12 Staff Liaison to the Councilor C ouncilor Henderson Committee Councilor Buehner Councilor Wilson committee interviewing Woodard The Mayor & 1 Councilor (on a six -month rotation schedule) review applications and interview individuals interested in a board or committee appointment. Recommendations are forwarded to the Council for ratification. Metropolitan Area 6 times a year, usually Councilor Woodard Louis Sears Wednesday, 1 -5 pm at Louis Sears Communications Commission MACC headquarters MACC is the governing body that oversees the contracts for cable services and TVCTV. The Executive Committee meets separately to make recommendations to the Commission on administrative issues including budget and the review of the Executive Director. Metro Policy Advisory Sherwood Mayor Tualatin Councilor 2n and 4 Wednesday Ongoing Ron Bunch Committee (MPAC) Keith Mays Chris Barhyte 5 - 7 p.m. at Metro 4 hours /month MPAC it is made up of elected officials. Representatives are elected by peers within Washington County cities. Regional Water Providers Councilor Wilson No appointment Quarterly meeting held at John Goodrich Consortium Buehner made Metro Consortium is comprised of all water suppliers in the metro area. The Councilor appointee to this group represents the city on regional policy issues. 2012 Council Appointment Matrix — Page 2 12/20/2011 Committee Name Represrimary Time entatives Alternate Rep Meeting Frequency Expectation ation Staff Liaison Tigard - Lake Oswego Joint We have two primary seats: Monthly — working on a Water Partnership Oversight Dennis Koellermeier Councilor Buehner & Mayor Dirksen new meeting schedule Committee Membership is comprised of staff and elected officials to govern water partnership between the cities. Washington County' Coordinating Mayor Dirksen Councilor 2n Monday @ noon 1 -2 hours per month Mike McCarthy? Committee Buehner Beaverton City Hall WCCC reviews and comments on major land use and transportation issues and provides a forum for discussion which results in recommendations for a coordinated approach between jurisdictions. The Committee has specific authority on the Major Streets Transportation Improvement Program (MSTIP) and the Countywide Traffic Impact Fee (TIF) program. Representatives to JPAC and MPAC from County and cities in the Co. will be on the policy body. 3` Wednesday of month PLUS: Optional Westside Economic Alliance Mayor Dirksen Councilor Wilson 7:30 -9 a.m. @St. Vincent's Thursday Forum Ron Bunch Hospital Board Room breakfast w / speakers Create an environment conducive to business growth, working to influence decisions on policies and regulations impacting the economic vitality of the area. Councilor Willamette River Water Coalition Henderson Councilor Wilson Monthly Dennis Koellermeier Mission of the coalition is to protect the Willamette River and to protect Tigard's water rights. 2012 Council Appointment Matrix — Page 3 12/20/2011 Tigard Board & Committee Liaison Assignments: Committee Name Peary Alternate Rep Meeting Frequency Time Staff Liaison Representative Ex • ectation City Center Advisory Councilor 2nd Wednesday /month@ Commission Henderson 6:30 pm Sean Family This committee's role is defined in the City Charter and is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan. High Capacity Transit Land �nC�Y meet during regularly Use Plan CitiensAdvisory Councilor Wilson scheduled Transportation Judith Gray Committee dvisory Committee Mtgs Metro has identified the "SW Corridor" (PDX - Sherwood via Tigard) as the next priority expansion line for the regional HCT system. The city is gearing up for an extensive planning process beginning with a state - funded land use plan to identify potential station area locations and development traits to warrant HCT investment and achieve the city's aspirations. The Transportation Advisory Committee serves as the Citz. Advisory Comm. for the land use plan. Councilor I second Thursday of each Library Board Henderson month at 7:00 PM I I Margaret Barnes Advisory to the Council regarding library policies, budget, facilities and other needs of the community to provide quality library service, per TMC 2.36.030. ii Committee Name " Peary Alternate Rep eeting Frequency Time . Staff Liaison R xes i a�tatve _ _ F.xn r_tahnn Neighborhood Involvement Mayor Dirksen 3rd Wednesday /every other 6 hours a year Joanne Bengtson Committee (formerly CCI) mo. @ 7pm Charged with oversight for the Neighborhood Network program, enccira two -way communication between city and residents and encourages residents to be more involved. (The committee chow' its name tot sect new won — p vious incarnation was Committee for Citizen Involvement.) Park & Recreation Advisory Councilor 2nd Monday /month 7 pm Board Woodard in the Water Building Steve Martin To advise the Council on park and recreation policies, facilities, programs and budgets. Planning Commission 1 Woodard I 1st & 3rdM�nmy /month Councilor @ Susan Hartnett 1 = I p Assists the City Council to develop, maintain, update and implement the Comprehensive Plan, to formulate the Capital Improvements Program, and to review and take action on development projects and development code provisions delegated to the Commission. 2012 Council Appointment Matrix — Page 4 12/20/2011 Transportation Advisory Councilor Buehtier Councilor Wilson 1s` Wednesday, 6:30 p.m., Committee Wilson Buchner library 2n Floor Conf Rm 1.5 hr. meetings Judith Gray Advisory to council & staff regarding planning and development of a comprehensive transportation network, including development of plans and corresponding financing programs; development of funding mechanisms and sources to implement transportation projects and ensure adequate maintenance of the existing transportation infrastructure; public involvement and education in transportation matters and ways to improve traffic safety and accessibility in all transportation modes. Tree Board Councilor 1" Wednesda o mo @ Todd Prager Henderson 6:30 p.m. The mission of the Tree Board is to develop and administer a comprehensive program for the management, maintenance, removal, replacement & protection of trees on public property. Youth Advisory Council Mayor Dirksen & 3 Wednesdays @ Hall I I Sheryl Huiras City Students in grades 5 -12 represent their peers as resources to the community to advise the best ways to build developmental assets for each youth in Tigard. The Youth Advisory Council also facilitates the development and implementation of programs and activities that are important to youth. I: \adm \city council \goals\2012 apptmatrix with description 111220.docx 2012 Council Appointment Matrix — Page 5 12/20/2011 (Study Session AIS -716 Item #: A. Business Meeting Date: 12/20/2011 Length (in minutes): 10 Minutes Agenda Title: Briefing on Consent Agenda Item to Award a Computerized Maintenance Management System (CMMS) Contract to MaintStar Prepared For: Brian Rager Submitted By: Twila Willson Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE Staff will brief the council on a Local Contract Review Board (LCRB) consent agenda item to award a CMMS contract to MaintStar. STAFF RECOMMENDATION / ACTION REQUEST No action is required in study session. However, awarding the CMMS contract appears on the LCRB's consent agenda later in the meeting. Staff recommends the LCRB awards the CMMS contract to MaintStar. KEY FACTS AND INFORMATION SUMMARY Background The city manages over 249 miles of water lines, 164 miles of sewer lines, 125 miles of storm drainage lines, over 200 acres of developed parks and over 20 city -owned buildings. The rough replacement value of these assets is $1.5 billion. In order to systematically and effectively manage these assets, the Public Works Department utilizes a CMMS. A CMMS allows an organization to track the inventory of its assets, plan for routine maintenance work, record important inspection findings, track repair histories, and plan for rehabilitation or replacement. The Public Works Department has used the Hansen CMMS since the early 1990s. This software is due for replacement; it is outdated and the vendor will eventually discontinue support. CMMS Selection The department conducted a competitive selection process which included a Request for Proposal (RFP) issued in January 2011 and visits to other cities and agencies to see various CMMS software programs in action. The team ranked vendors responding to the RFP based on firm qualifications, project understanding and approach, overall schedule and cost. The MaintStar CMMS software received the team's highest ranking; MaintStar has been a CMMS vendor for over 20 years and is used extensively by multiple organizations in California and also by Clark County Public Works in Washington. Update Since staff last briefed the council on CMMS software replacement in July 2011, the city has been working with MaintStar to determine data conversion costs. MaintStar has concluded the city's existing CMMS data is in very good condition and now has an accurate picture of what the data conversion will entail. The city and MaintStar are ready to enter into a contract for the CMMS replacement software; this is the contract that appears on the LCRB's consent agenda later in the meeting. OTHER ALTERNATIVES The council could direct staff to follow some other course of action regarding the replacement of the existing CMMS software. However, a CMMS is a necessity for the city. Current regulations mandate the use of a CMMS to effectively track maintenance and repair history on assets. Sanitary sewer asset management, in particular, is subject to federal regulations that require reporting from a CMMS to verify compliance. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Tigard City Council Five -Year Council Goal - "Develop Sustainability Plan." 2011 Tigard City Council Long Range Objective - "External and internal city assets are well managed and utilized." Asset management, accomplished through effective and modern CMMS software, is a critical part of the city's sustainability effort. DATES OF PREVIOUS COUNCIL CONSIDERATION The council was briefed on the CMMS replacement software on July 12, 2011. Fiscal Impact Cost: $409,450 Budgeted (yes or no): Partial Where Budgeted (department /program): Multiple Funds Additional Fiscal Notes: Implementation will take approximately 18 months, so this project will span two fiscal years. The total project cost is $409,450, with $260,000 budgeted across five funds in fiscal year 2011 -2012. The remaining project costs will be included in the fiscal year 2012 -2013 proposed budget. Annual software maintenance costs will be $31,000. L (Study Session AIS -664 Item #: B. Business Meeting Date: 12/20/2011 Length (in minutes): 25 Minutes Agenda Title: Briefing on Southwest Corridor Plan Public Involvement and Messaging Submitted By: Marissa Daniels Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE Council briefing on plans to involve Tigard citizens in the region's Southwest Corridor integrated land use and transportation planning project. STAFF RECOMMENDATION / ACTION REQUEST Receive staffs presentation and ask questions if desired. KEY FACTS AND INFORMATION SUMMARY The City's High Capacity (HCT) Land Use Plan is nearing completion and in 2012 staff will focus on implementation of the Plan and participation in the regional Southwest Corridor Plan. A major part of this effort is a coordinated citizen involvement effort among all of the project partners. Tigard will refocus its HCT land use citizen involvement effort toward the Southwest Corridor Plan beginning with a kick -off event on January 30, 2012. Tigard's citizen engagement program will be called "Tigard Connects" and its purpose is to ensure that the community receives factual information and that its citizens' views, values and preferences are represented throughout the multi -year corridor planning process. Also, a robust citizen involvement effort is required of any major transportation project that will use federal funds. The Southwest Corridor Plan integrates multiple efforts: 1) local land use plans that guide actions and investments to support livable communities; 2) corridor refinement planning to examine the function, mode and general location of future transportation improvements and 3) a transit alternatives analysis to define the best mode and alignment of high capacity transit (HCT) to serve the corridor. The plan is a partnership between Metro, Multnomah County, Washington County, the Oregon Department of Transportation (ODOT), TriMet and the cities of Portland, Sherwood, Tigard, Tualatin, Beaverton, Durham, King City and Lake Oswego. As such, project communication must be a coordinated effort. To assist in this work Metro has convened a Southwest Corridor public involvement group containing representation from public involvement staff of each participating jurisdiction. Marissa Daniels, Associate Planner currently serves as the city's primary representative to this group. Her presentation will focus on three aspects of public involvement for the Southwest Corridor Plan including 1) what citizens have told us thus far about living and traveling within the Corridor; 2) future opportunities for citizen engagement in the project and; 3) Tigard's specific citizen involvement plan. The Southwest Corridor Plan will be successful to the degree that it reflects the values and interests of the communities it is intended to serve. This means there's an important role for Tigard residents and stakeholders in the Southwest Corridor planning process. As staff transitions from the Tigard High Capacity Transit Land Use Plan to participation and implementation in the broader Southwest Corridor process, it will be important to ensure Tigard residents and stakeholders are able to participate effectively. The Tigard Connects project and Connections Team will be described in more detail in the PowerPoint presentation (Attachment 1) as the vehicle to accomplish this goal for Tigard. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal 1: Implement the Comprehensive Plan c. Participate in the Southwest Corridor Study DATES OF PREVIOUS COUNCIL CONSIDERATION None. , C I T Y O F T I G A R D Respect and Care 1 Do the Right Thing 1 Get it Done S . TIGARD Southwest Corridor Public Involvement Update Community Development Department 1 December 20, 2011 Southwest Corridor Plan Comprehensive planning orzland effort to create livable and Barbur It Concept Plan sustainable communities Transit Tigard along the corridor between Alternatives MCI land Analysis Use Plan Portland, Tigard and Integrated Sherwood . Investment Strategy / The Southwest Corridor Plan Transportation T alat Plan integrates multiple efforts Sherwood Land Use and Town Center Plan Phase 1 Public Involvement The Southwest Corridor Plan will be successful to the degree that it reflects the values and interests of the community it is intended to serve. / Focus Groups / Discussion Groups / Kickoff in September, 2011 Future Opportunities Focus Groups Residents Commuters Students L Transit � Access Time � in Investment WO ��'� Infrastructure � LlVe Railw � 3 Sout h west Corr o pUbIIC Busmesses 4 YPa��9c Sherwood Portland Student o Traff �Q � 9, walkin N.- � � CO 3 N Q- 2 a � N Mi. LI- Positive Attributes: 1 Affordable �, F0005 / Access . _. § / Shopping I / Travel to work - -_.,- r � ; . -. - _ I / Friendly �- 1.6444 4lAk / Quiet streets / Trees _ h 4 � �..� y = / Parks -...... - �-- And more.. ?;i,, Areas for Improvement Traffic congestion Stoplights Access management k Alternative routes Alternative transportation Bikes Sidewalks Park and Ride Potential Solutions / Allow people to move faster / Improve commuting / Make walking and biking safer / Provide alternate routes / Others Discussion Groups / Tigard ► Equity ► Health and education ► Safety and security institutions / King City /Summerfield ► Freight and freight rail / Tualatin ► Business /major employers ► Washington Square area 1 Sherwood / Lake Oswego /Durham / Affordable housing residential / Environmental / Lake Oswego /Kruse Way / Alternative transportation business ► SW Portland Kickoff September 2011 / "[I envision a c]reation of a sense of `place' within the corridor, more of a neighborhood with its own special look and feel. [The corridor n]eeds to offer services so I don't have to go so far for the things I need. Also the corridor needs to include more housing to support the [high capacity transit] being considered." Future Opportunities Phase I Public Involvement / Speakers Bureau / Comment periods / Web, blog, social media, newsfeed / Local committee presentations / Videos 1 Workshops /Events / Online tool / Convene local CAC's Website address: www.southwestcorridorplan.org C Cthid�rL GCAT ►LA CES _ il'eEM... i gt1M Ae IIVIC fertOMMITO . :. CONNECT HOE tKATMb Int PLAN DECISION MARK GETINVO(YED CORRIDOR NGSfORr MU Alot ■ SEARCH SW CORRIDOR SITE ...: 4 said* I x � ; A* L7 PROJECT PARTNERS a City of Portland A City of Sherwood 5 City of Tigard r }' City of Tualatin City of Beaerten Southwest Corridor Plan 6 City of Daham Find out about the comprehensive planning effort to create livable and sustainable communities W City of Krrig coy along the corridor between Portland, Tigard and Sherwood through integrated community ® City of Lake Oswego investments in land use and transportation. A Multnomah County 7 Washington County - The Southwest Comdo, Plan integvates mumple Owls local lend use pane • Oregon Department of `.. , to dewily actions and investments that support mad n e communes a Transportation ` �i� ,;r - ' ' candor refinement plan to examine the function node and general location TnMet i' d� of nuraportenon improvements and the transit ahematrves analysts to define CI Meta o C J. J the best node and alignment of high capacity transit to serve the corridor �f The plan is a partnership between Metro. Multnomah County. Washmgon GET INVOLVED Y µ.— r PoNend Sherwood �perd U atm Beaenon� T Durhem K t g C mid r - Events -�^-' ,t Lake Oswego Jan Its for pin .cl beefing m other ui l"' The anegratetl approach ewe. "Go to event hst I ... % f� `a allows Metro and its part to measure the success of Poetised Sign up Updates J S the transportation project Mawr Stay in torch by signing up for '`T .. ' against some key elements Carcase Southweer Corridor Plan updates / w d a successful region lank 'NW and pudic memo notices by ,,� _-1 t things Eke vibrant Art" merlon email I ` teammates economic ILLL __. — . - prospe ply clean an end Decision Making Structure SOUTHWEST CORRIDOR PLAN Dedsion- making structure with summary of plans and agreements adopted by local governments, Metro and the Oregon Transportation Commission The Southwest Corridor Plan will develop a coordinated set of component plans and an Implementation strategy that Identifies and prioritizes needed project to support local aspirations consistent with regional and state goals and stimulate community and economic development, leveraging private investments and making efficient use of available resources. It will include changes to local, regional and state policies to support the strategy. Local city counc!L: MPAC /JPACT /Metro Cour:c. ,i...:1 ,:.,p., TriMet, Washington and 1<x.al use, transtxrtatir p lntplFrnentation strategy. , mmission Multnomah counties tdc ?(ties and spinal itnprrn✓<rnw l transportation ; rn, trarrsrt altrwnatiia's , ,rhr vasr,�nr id a t.ri = Or anatysrs, regional transportation and „" n. ;and use piaru ,l Steering committee (Meets every other month or as needed) Public 4 - Elected and appointed officials from participating local governments and agencies make H Implementation regional -level decisions at major milestones and recommends adoption of the Southwest Early and continuous Corridor Plan and Investment Strategy to the adopting bodies. partners (Will meet public involvement t approximately four times) will engage corridor residents, businesses Periodic engagement management group (Meets every other month as needed) will request advice Of vice at key and transportation system users, informing Senior staff from participating local governments and agencies provide oversight and milestones on strategy throughout the process guidance to the project, serving as a bridge between the technical and political work and impact of potential and requesting ideas necessary to develop a coordnated set of agreements, investments and policy changes. decisions and alternatives and feedback on $ on a wide range of issues related to major interests, from freight to milestones. Project team leaders (Meets monthly or as needed) workforce housing and economic development 44 Project managers and staff liaisons from local governments and agencies ensure coordination H to parks and habitat. of the local land use plans, transportation plans and transit alternatives analysis as well as identify and raise technical and other issues to the project management group. t I 1 + 1 l l inirwest Barbur Land Town Center HCT Land Use Linking Tualatin Transportation Transit Other plans and Corridor Use Plan Plan Plan plan alternatives projects Plan and analysis Implementation a; `,_,.; CAC CAC Beaverton, Durham, d Portland ( ard'i, Sherwood zrd n Tigard and 'I Tualatin and PI ODOT/Metro Metro King City, Lake Oswego, _ a , Washington County, • Multnomah County, CAC Each city's process will include a community advisory committee TriMet oct. s, 2911 and Pi and independent, but coordinated, public involvement. Tigard Connects mobility • pros 0erity • choice Tigard Connections Team Kickoff Event: January 30, 2011 Your Role as Communicators Southwest Corridor 1 Tigard HCT Land Use Plan 1 Tigard Connects A rD r+ 0 tn 6 -1-u_d y S. cYcl Public Involvement Matrix 12/20/2011 1 0 /a,D 1 1 iS R . ' • � marissa / 'I tigard- or.gov Project Tag Line Purpose Background Goals Resources Southwest Corridor Plan The convergence of several This comprehensive • The Southwest Corridor Plan integrates multiple efforts: • Aid in the development Project Website: Lead Agency: Metro projects in the southwest planning effort strives to o Local land use plans to identify actions and investments that of the best solutions to www.swcorridorplan.org portion of the Metro create livable and support livable communities; meet the needs of the Project blog: GREAT P l A C E S region. sustainable communities o A corridor refinement plan to examine the function, mode Southwest corridor by www.swcorridorplan.blog.com • in the corridor between and general location of transportation improvements; conveying public Project Contacts: Corrido r downtown Portland, o Transit alternatives analysis to define the best mode and feedback and ideas to Tony Mendoza, project manager w ww . swcorridorplan.org Tigard and Sherwood alignment of high capacity transit to serve the corridor. technical staff and 503 - 797 -1726 1 through integrated • The plan is a partnership between Metro, Multnomah County, decision - makers. tony.mendoza @oregonmetro.gov community investments Washington County, the Oregon Department of • Meet or exceed federal Malu Wilkinson, project manager 2011 -2013 and Beyond in land use and Transportation, TriMet and the cities of Portland, Sherwood, public involvement 1 503 - 797 -1680 1 transportation. Tigard, Tualatin, Beaverton, Durham, King City and Lake requirements, including malu.wilkinson @oregonmetro.gov Oswego. NEPA and SAFETEA -LU Karen Withrow, public • The integrated approach allows Metro and its partners to • Build consensus in involvement manager 1 503-797 - measure the success of the transportation project against corridor communities 1935 1 some key elements of a successful region, things like vibrant for the process and karen.withrow @oregonmetro.gov communities, economic prosperity, clean air and water and decisions. equity. Refer questions to: • Transportation and land use decisions that support local land Above or use goals for jobs and housing will be fundamental to a Clifford Higgins, public successful outcome. involvement specialist 1 503 -797- 1745 1 clifford.higgins @oregonmetro.gov Jenn Tuerk, administrative specialist 1 503 - 797 -1756 1 trans @oregonmetro.gov Tigard HCT Land Use Plan The Tigard High The result of the Tigard • The concepts outlined in the Tigard HCT Land Use Plan will be Hear from local residents Project Website: Lead Agency: Tigard Capacity Transit (HCT) Land HCT Land Use Plan will applied to the "integrated strategy" approach in the regional about the Plan and carry www.tigard-or.gov/hct Use Plan is an opportunity be a vision for potential Southwest Corridor Plan. forward public Project Contacts: Nearing Completion for Tigard to decide what station communities in • Community participation throughout the process is essential involvement from this Judith Gray, project manager 1 future growth will look like Tigard and it will provide to ensure that future transit improvements support the effort to the Southwest 503-718-25571 and where it should be direction for future community's vision for future growth and development in Corridor planning process iudith@tigard-or.gov located. Spurred by Metro's investments and polices Tigard. and local implementing Marissa Daniels, public identification of the to inform the Southwest decisions. involvement 1 503 - 718 -24281 Southwest Corridor as the Corridor Plan. marissa@tigard- or.gov next priority corridor for transportation planning, Refer questions to: including high capacity Above transit, the Tigard HCT Land Use Plan will address future congestion and livability. Public Involvement Matrix 12/20/2011 marissa @ tigard - or.gov Project Tag Line Purpose Background Goals Resources Tigard Connects Connecting Tigard to [DRAFT] To promote Community Development Staff intends the Tigard Connections Encourage and assist local Project Contacts: Lead Agency: Tigard ensure mobility, prosperity citizen engagement by Team to: residents and Ron Bunch, Community and choice into the future. creating an informed • Provide continuity in planning for the Southwest Corridor stakeholders in Development Director 1 503-718 - group of Tigard residents • Participate in regional Southwest Corridor Planning by participating in the 24431 C Tigard and stakeholders who bringing a local perspective regional Southwest ron aPtigard- or.gov onnects will support Tigard's • Augment the Tigard HCT Land Use Plan public involvement Corridor Plan process. Judith Gray, project manager mobility • prosperity choice engagement in the plan 503 - 718 -25571 Southwest Corridor Plan. • Provide information to and from stakeholders and address judith @tigard - or.gov issues and concerns Marissa Daniels, public Kickoff: January 30, 2012 • Provide enhanced opportunities for stakeholder engagement involvement 503-718-24281 • Promote a stakeholder to stakeholder communication model marissaPtigard or.gov • Provide an opportunity to discuss pertinent issues within the general community, Metro and the city Refer questions to: a members to individually Above • Encourage y participate in making regional policy recommendations • Assist in gauging public reaction to proposed projects and actions S-hcd1 Sy 3 SOUTHWEST CORRIDOR PLAN ),, I.0 lao I I Decision - making structure �j 4-(1 1`e (G' PcC Q +'l -r l with summary of plans and agreements adopted by local governments, Metro and the Oregon Transportation Commission The Southwest Corridor Plan will develop a coordinated set of component plans and an implementation strategy that identifies and prioritizes needed projects to support local aspirations consistent with regional and state goals and stimulate community and economic development, leveraging private investments and making efficient use of available resources. It will include changes to local, regional and state policies to support the strategy. Local city councils MPAC /JPACT /Metro Council Oregon Transportation TriMet, Washington and Local land use, transportation, public Implementation strategy, Commission Multnomah counties facilities and capital improvement transportation plan, transit alternatives Southwest corridor facility plans plans analysis, regional transportation and land use plans 1 eenng co R ill' tee , every ot er or as nee e•' Public H1' Elected and appointed officials from participating local governments and agencies make 4--0 Implementation and continuous ' regional -level decisions at major milestones and recommends adopt,! £ t Early y 1 41 E n ,t� b -ti partners (Will meet i corndo Plan and -----. Stratec y to the ado • tm • B odies _ • „ : r public involvement _ approximately four times) will engage corridor residents, businesses Periodic engagement Pro management group (Meets every other month or as needed) will request advice at key and transportation milestones on strategy system users, informing Senior staff from participating local governments and agencies provide oversight and throughout the process guidance to the project, serving as a bridge between the technical and political work and impact of potential and requesting ideas necessary to develop a coordinated set of agreements, investments and policy changes. decisions and alternatives on a wide range of and feedback on = issues related to major interests, from freight to Project team leaders ( Meets monthly or as needed) workforce housing and milestones. j y economic development H Project managers and staff liaisons from local governments and agencies ensure coordination H to parks and habitat. of the local land use plans, transportation plans and transit alternatives analysis as well as identify and raise technical and other issues to the project management group. r t 1 1 l 1 ♦ 1 Southwest iii Barbur Land Town Center ' - - - - 6 h f' - --- ir' HCT Land Use Linking Tualatin Transportation raan '- Corridor Use Plan Plan Plan plan alternativ projects Plan and analysis ;" ,, CAC CAC CAC CAC eaverton, Durha lmplementatio r Port and PI Sh and PI Ti and a nd PI T ualatin a nd PI O DOT /Metro M etr ng C Lake Oswe• Strategy Tigard ashington County) • Metro ... - . Multnomah County,, • • cAc Each city's process will include a community advisory committee and PI Oct. 5, 2011 and independent, but coordinated, public involvement. "„ 1 w 4 '. I V . a� . .. ., . .. . ,,,,,,,, ... . .............. . .„....., ....... .- - . ... . . . ......... .... :. :, __ i tt l . L _�, SUPPLEMENTAL PACKET I L........... �3.Q 8 u f+0 n FOR 1, A �,L s c 3)Ia �� '' A c' (DATE OF MEETJN 1' * it ri k ( r h 1 411 V ' r 4 c / / /-/ / — / c 1. 1 City of Tigard - j k at ;r TIGARD - A ROTARY PEACE COMMUNITY z Whereas, the Rotary Community Peace Credo promotes Res for cultural diversity and the life and dignity of every person, without discrimination or prejudice; Resolution of conflict within local and global communities and Reconciliation of t differences in the pursuit of harmony; and ' Whereas, the City of Tigard supports the mission of the Rotary Peace Community of ., Tigard and together we wish to promote peace, understanding and goodwill between ;: r.. our residents and in communities around the world by resolving to: F • share our time and material resources in a spirit of generosity to put an end to exclusion, injustice and political and economic oppression, • defend freedom of expression and cultural diversity, giving preference always to :a dialogue and reason rather than to violence, conflict, or the rejection of others, and `.4- • contribute to the development of our community with the full participation of all t- �I people and respect for democratic principles; and gl1... Whereas, the Tigard Rotary Club desires to become a Rotary District 5100 Sustaining Peacebuilder Club and join the registry of Rotary Peace Communities around the World. - NOW THEREFORE BE IT RESOLVED THAT I, Craig E. Dirksen, Mayor of the City of : Tigard, Oregon, do hereby proclaim the City of Tigard as a 1 14.1 t l ROTARY PEACE COMMUNITY 1: And encourage residents to support the Tigard Rotary Club in their endeavor to . develop peaceful and diverse communities worldwide. Dated this day of , 2011. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. w. o.i o _ G G l `' q Craig E. Dirksen, Mayor City of Tigard 4 W Attest: : t ol` I +` City Recorder . ..: .. r t t .., a k " ^—�` AGENDA ITEM NO. 2 -B CITIZEN COMMUNICATION DATE: December 20, 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 help the presiding officer pronounce: Address City State Zip Phone No. _ Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION AIS -749 Item #: 3. A. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Cathy Wheatley Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Approve City Council meeting minutes for October 25, 2011 and Newitibe ' 5 , 2 &l 1 TY1o■e +D JG-VLOLa5Ltj Li STAFF RECOMMENDATION / ACTION REQUEST a0 I Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Council minutes are being drafted and will be attached to this agenda item summary by December 19, 2011, or rescheduled to a later council meeting date for approval. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A I __ AIS -655 Item #: 3. B. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Approve Budget Committee Appointments Prepared For: Toby LaFrance Submitted By: Liz Lutz Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda Resolution ISSUE There is one vacancy on the Budget Committee beginning January 1, 2012 and one vacancy for an alternate member of the Budget Committee. STAFF RECOMMENDATION / ACTION REQUEST Approve the recommended appointments to the Budget Committee. KEY FACTS AND INFORMATION SUMMARY Rick Parker's Budget Committee term expires on December 31, 2011. As a result, the Appointments Advisory committee recently conducted interviews with several citizens who applied to become members of the Budget Committee. The Appointments Advisory Committee interviewed 11 citizen candidates and is recommending that the City Council appoint Clifford Rone to a three -year term beginning on January 1, 2012. The committee also recommends that the City Council appoint Zoe Monahan as an alternate for a one -year term beginning on January 1, 2012. OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution Biographical Information BUDGET COMMITTEE RECOMMENDATIONS CLIFFORD RONE: Mr. Rone has a Masters of Business and JD degrees. He is currently a real estate consultant and has 30 plus years in the banking industry. He has lived in Tigard for 27 years. Additionally, he volunteers for various organizations. ZOE MONAHAN: Ms. Monahan will finish her MPA in March, 2012. She is currently employed by the City of Sherwood Planning department. She has lived in Tigard for 1 1/2 years, and has also volunteered for various organizations. AIS -730 Item #: 3. C. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Appoint Members to City Center Advisory Commission (CCAC) Submitted By: Sean Farrelly Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Should Council reappoint Thomas Murphy and appoint Deanie Bush and Sherrie Devaney to the City Center Advisory Commission (CCAC) and also appoint Jeff Mauro as an alternate member. STAFF RECOMMENDATION / ACTION REQUEST Adopt the attached resolution reappointing Thomas Murphy appointing Deanie Bush and Sherrie Devaney to the CCAC and appointing Jeff Mauro as an alternate member. KEY FACTS AND INNFORMATION SUMMARY The CCAC is the advisory body to the City Center Development Agency (CCDA) on urban renewal issues. As of January 1, 2012 there will be three vacancies for voting members and two vacancies for alternate members. The Mayor's Appointment Advisory Committee interviewed CCAC candidates and recommended reappointing Thomas Murphy and appointing Deanie Bush and Sherrie Devaney. In addition it was recommended to appoint Jeff Mauro as an alternate member. The terms of Thomas Murphy, Deanie Bush, and Sherrie Devaney will expire December 31, 2014. The term of Jeff Mauro will expire December 31, 2012. OTHER ALTERNATIVES Council may choose not to accept the Appointment Advisory Committee's Recommendation COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Goal 2. Implement Downtown and Town Center Redevelopment Opportunities DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution Biographical Information Attachment 2 CITY CENTER ADVISORY COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 20, 2011, Thomas Murphy, Deanie Bush, and Sherrie Devaney will be recommended for appointment as voting members of the City Center Advisory Commission(CCAC). Jeff Mauro will be recommended for appointment as an alternate. Deanie Bush has been a Tigard resident for six years. She has a background in sales and marketing. Among her volunteer activities are serving as the VP of fundraising for the Deer Creek Elementary PSO and working with the Tigard Area Chamber of Commerce. Sherrie Devaney owns Sherrie's Jewelry Box on Main Street. She is a resident of Gresham and has been a Tigard business owner for the past 15 years. She has served on the CCAC public art subcommittee. Thomas Murphy has been a Tigard resident for 17 years. He has been an attorney in private practice and currently has an office on Burnham Street. He also serves on the board of Community Partners for Affordable Housing. He has been a member of the CCAC since December 2007 and currently serves as chair. Jeff Mauro has been a Tigard resident for two years. He works as a medical coding analyst. He has volunteer experience with the Veterans Administration. AIS -740 Item #: 3. D. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title• Appoint Donald Schmidt & Calista Fitzgerald as Voting Members, Andrew Miller & Dianne • Armstrong as Alternates to the Planning Commission Submitted By: Susan Hartnett Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Should Council reappoint Donald Schmidt and appoint Calista Fitzgerald as voting members of the Tigard Planning Commission and appoint Andrew Miller and Dianne Armstrong as alternate members to the commission? STAFF RECOMMENDATION / ACTION REQUEST Approve a resolution reappointing Donald Schmidt and appointing Calista Fitzgerald as voting members of the planning commission for terms that expire on December 31, 2015 and appoint Andrew Miller and Dianne Armstrong as alternate members of the planning commission for terms that expire on December 31, 2012. KEY FACTS AND INFORMATION SUMMARY There are currently two voting positions on the planning commission that will expire on December 31, 2011 as well as two vacant alternate positions. Incumbent Donald Schmidt fills one of the voting positions and was appointed to the planning commission in December, 2009 to fill an unexpired term of a former commissioner. Donald Schmidt, Calista Fitzgerald, Andrew Miller and Dianne Fitzgerald applied for planning commission seats. The Mayor's Appointment Advisory Committee interviewed applicants and recommended Donald Schmidt be reappointed and Calista Fitzgerald be appointed to fill the current voting member vacancies on the Tigard Planning Commission. They also recommended appointing Andrew Miller and Dianne Armstrong to the alternate positions. Attachment 1 is a Resolution implementing these recommended appointments. See Attachment 2 for biographical information on all four recommended appointees. OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Tigard City Council Long Range Objectives: Tigard citizens are involved in the community and participate effectively. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: NA Budgeted (yes or no): NA Where Budgeted (department /program): NA Additional Fiscal Notes: NA a Attachments Resolution Biographical Information Attachment 2 PLANNING COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 20, 2011, Tigard City Council will consider a Resolution to appoint Calista Fitzgerald and to reappoint Donald Schmidt, both as voting members of the Tigard Planning Commission. The Resolution will also appoint Andrew Miller and Dianne Armstrong as alternates. Donald Schmidt has been a Tigard resident for more than 5 years. He was initially appointed to the Planning Commission as an alternate beginning in January 2009. He was appointed to a voting position in December 2009 to fill an unexpired term of a departing Commissioner. Don has a professional background in architecture and participates with the American Institute of Architects and the Cascadia Green Building Council. Calista Fitzgerald is not a resident of Tigard but has lived for the last 7 1 /2 years very close by; her property abuts the city boundary. The Planning Commission bylaws allow up to 2 non - resident members. Calista brings 18 years of experience in architecture and design to the commission. Her volunteer activities range from Habitat for Humanity to Castle and Bears, Inc., a tuition assistance program. She has also participated as a Metzger ES volunteer. Andrew Miller has been a Tigard resident for 4 years. He has a degree in Forest Engineering and is working to achieve his land surveyor certification. Joining the Planning Commission as an alternate will be his first community participation activity in Tigard. Dianne Armstrong has been a Tigard resident for 18 years. She retired from the banking industry and has begun what she terms her "encore career" in an allied medical field. She has volunteered with the SMART Reading program and OASIS Learning Institute in the past. AIS -747 Item #: 3. E. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Resolution Appointing Transportation Advisory Committee Members Submitted By: Judith Gray Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Council is requested to consider and act on recommended appointments to the Transportation Advisory Committee . STAFF RECOMMENDATION / ACTION REQUEST It is recommended that Council appoint: • Steven Bass and Christopher Warren as voting citizen representatives of the Transportation Advisory Committee with terms expiring December 31, 2014; • Evelyn Murphy as a voting citizen representative to fulfill a partial term expiring December 31, 2012; • Mark Bogert and Shane Brown as alternate members of the Transportation Advisory Committee with terms expiring December 31, 2012. KEY FACTS AND INFORMATION SUMMARY The Tigard Transportation Advisory Committee has five vacancies to be filled starting in 2012. • Incumbents Steven Bass and Christopher Warren will complete partial terms, expiring December 31, 2011. They are both eligible to serve again and both have applied for reappointment. • Don Fox and Maureen Wolf served partial terms expiring December 31, 2011, creating two vacancies for business representatives. Neither has chosen to apply for reappointment. • Kim Moreland resigned her position before it expired, creating a vacancy for a partial term for a citizen representative (expiring December 31, 2012). Incumbents Steven Bass and Christopher Warren applied for reappointment, and Evelyn Murphy, Mark Bogert, and Shane Brown applied for appointment. No business representatives applied. The Mayor's Appointment Advisory Committee recommends that Council reappoint Steven Bass and Christopher Warren to full terms; Evelyn Murphy as a voting member to complete the partial term vacated by Kim Moreland; and Mark Bogert and Shane Brown as alternates. There will remain two vacancies for business representatives on TTAC. Attachment 1 is a resolution regarding the new committee members; Attachment 2 contains short biographies of the new members. OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Council Long Range Objectives: Tigard citizens are involved in the community and participate effectively. DATES OF PREVIOUS COUNCIL CONSIDERATION n/a Attachments Resolution Biographical Information Tigard Transportation Advisory Committee Brief Applicant Biographies On December 20, 2011 the Tigard City Council will consider a resolution appointing voting members and alternates to the Tigard Transportation Advisory Committee (TTAC). Following are brief biographies for the individuals recommended for appointment: Christopher Warren is an incumbent on TTAC and served as the committee chair in 2011. He was also on the Citizens Advisory Committee for the recent 2035 Transportation System Plan. Chris has lived in Tigard for five years. Prior to moving to Tigard, he was a community volunteer in his previous community of Wilsonville. Chris is a commercial construction plumber by trade. Steven Bass is a TTAC incumbent. He has lived in Tigard for 4 years. Prior to moving to Tigard, Steve was a volunteer for the Downtown Redding Business Association. Steve is a pharmacist with Fred Meyer Pharmacy. Evelyn Murphy has been a Tigard resident for 17 years and previously lived in the Metzger area. Her past community volunteer activities include the Community Partners for Affordable Housing. Evelyn is a medical professional in the field of ICU and Maternal /Child nursing and has worked for her current employer for 23 years. Mark Bogert has lived in Tigard for 50 years. He lists the Tigard Chapter of St Vincent de Paul as past community activity. Mark is a retired UPS driver. Shane Brown has lived in Tigard for 3 years, having previously lived in Beaverton. Shane is a licensed civil engineer and works as a bridge engineer with Parametrix. AIS -732 Item #: 3. F. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Adopt a Resolution Approving an Agreement which Conveys Tract H of Colony Creek Estates No. 2 to the City Prepared For: Steve Martin Submitted By: Greer Gaston Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Resolution ISSUE Shall the council adopt a resolution approving an agreement which conveys Tract H of Colony Creek Estates No. 2 to the city and authorizing the city manager to execute all documents associated with the conveyance. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council adopts the resolution. KEY FACTS AND INFORMATION SUMMARY • The Colony Creek Homeowners' Association (HOA) has expressed a willingness to donate property, known as Tract H, to the city. The HOA was concerned about maintenance and liability issues associated with the ownership of the parcel. • A section of the Fanno Creek Trail crosses Tract H. The city is interested in acquiring the property because this trail segment connects Fanno Creek Drive to the library and gives pedestrians access to the Fanno Creek Trail. • The city conducted a level 1 environmental assessment on the property; no environmental issues were identified. • The HOA held several meetings and collected enough votes from homeowners to convey the property to the city. The HOA has adopted a resolution turning the property over to the city. • A declaration between the HOA and the city specifies the property may be conveyed to the city, provided it is used as open space or for recreation. These uses are consistent with the city's plans to maintain the trail and small park area currently on the property. • It should be noted that the city is unable to obtain title insurance on the property. A memo from Park and Facilities Manager Steve Martin is attached and provides more detail on the title insurance. Staff and the city's real estate attorney do not see the lack of title insurance as a significant issue. • The city's real estate attorney has guided the acquisition process and has reviewed the agreement. OTHER ALTERNATIVES Council could choose not to approve the resolution, and the HOA would retain ownership of the property. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This property is part of the Fanno Creek Trail as outlined the Tigard Greenways Trail System Master Plan accepted by council in July 2011. DATES OF PREVIOUS COUNCIL CONSIDERATION The council was briefed on this property in an executive session on real property transactions on January 25, 201 1. Fiscal Impact Cost: Nominal Budgeted (yes or no): No Where Budgeted (department/program): Park Fund Additional Fiscal Notes: The HOA is willing to convey the property to the city at no cost. The city will have some nominal costs for the environmental assessment, legal fees, and escrow costs. Attachments Resolution Exhibit A - Agreement Title Insurance Memo Property Map 111 City of Tigard T I C. n Memorandum To: The Honorable Mayor and City Councilors From: Park and Facilities Manager Steve Martin Re: Title Insurance Regarding the Colony Creek Homeowners' Association (HOA) Property Donation Date: December 5, 2011 While the HOA wishes to convey the property to the city, and the city wishes to accept the property, the city will not be able to obtain title insurance on this parcel. This is due to a discrepancy between the record of ownership in the chain of title and the authority granted to the HOA in the declaration to convey open space. Jeff Bennett, the city's real estate attorney, has supplied the following explanation as to why the city cannot obtain this insurance: Section 6.1 of the Declaration states in part that "the Declarant (or, after delegation, the Association) upon approval in writing of the owners of a majority of the lots and approved by order of the resolution of the City of Tigard, may dedicate or convey any portion of the common areas to a park district or other public body for open space or recreational use." However, the title report states that title to the tract is vested in "the owner of each and every platted lot in this plat (and all previous or subsequent plats in the Colony Creek Estates series) ". This means that, in order for the title company to issue title insurance, each and every owner of a platted lot in Colony Creek Estates would need to approve transfer of the plat to the City. We discussed this with Steve Martin last May and because of the logistical issues associated with getting written approval from every platted lot owner, the minimal risk to the City that an owner of a platted lot in Colony Creek Estates would actually assert a claim, and the limited liability should such a claim occur, Steve decided that, if the Association obtained the approval as provided for in Section 6.1 of the Declaration (which it did), Steve would present to the City Council for approval a resolution approving the conveyance of the tract to the City by quitclaim deed from the HOA and would not require title insurance. Based on advice from the city's real estate attorney and the minimal risk involved in foregoing the insurance, staff recommends the city proceeds with the conveyance. i ' - r VICINITY MAP ) — - — '-- . p , it 4 l 1 7, ., d -._ - * _ Colony Creek HOA l .. ! N v 3 col A r 1 IL. , L . s!_T...7,— f„,taiax" AIL. ''' ' :10 77; , a, 1 ' Subject Site Ir s• r `4 Lit . . . . Oil ii ,,„., p I - + f - ~. r A ' rjri'llir 4.- ' 1 '1 i .- 1"' -..' .k . rcil , ill _ g ,.,...„. ; ,, � HOB Conveyance I 4--,„ IC ' • mi)rywc.Lii , 1 '. r . I. I° i r y • - t� ¢ r . Approx. Scale 1:4,000 - 1 In = 333 ft 1 ' r J f IAN 7* 4 Map printed at 01:07 PM on 30- Nov -11 7F 14 ,= t al ' t - �,F r r - I ; �„� �', 1 �R DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD t I M AKES NO WARRANTY REPRESENTATION OR GUARANTEE AS TO THE - I �I �. \ — _ _ - CONTENT, ACCURACY TIMELINESS OR COMPLETENESS OF ANY OF - - " � ,r - - T HE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO I ,{ "��T -, - "' r ''. LIABILITY FOR ANY ERRORS OMISSIONS OR INACCURACIES IN THE - 4 , \ - - ,., r a� INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. r, - . � ` - Y 9 fir•, --- City of Tigard Feet ) �'s, -A s :, ° r x 777 1 R D 13125 SW Hall Blvd C `C C I `' ' . - �, AA. Ir ; h.. _� VGA 1 Tigard OR 97223 1 i, �,+ 503 639 -4171 `�_ _� `�_.r'. I _ r.�i,7 � :�� :e. www.tigardor.gov TIGARD ,�_ y _* " l a r m i 1 F, • 1 Adi AIS -733 Item #: 3. G. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Resolution Waiving Temporary Sign Permit Fees for Tigard Little League Prepared For: Toby LaFrance Submitted By: Toby LaFrance Financial and Information Services Item Type: Resolution Meeting Type: Consent Agenda ISSUE Does the Tigard City Council find that benefit to the community of waiving the temporary sign permit fees for Tigard Little League to hang two banners outweigh the $104 financial hardship to the City? STAFF RECOMMENDATION / ACTION REQUEST Consider Resolution waiving $104 of permit fees for Tigard Little League. KEY FACTS AND INFORMATION SUMMARY On November 9, 2012, Kim Kelleher from Tigard Little League e- mailed the city to request a waiver of permit fees charged to hang two banners (text of email is attached). According to the Master Fees and Charges Schedule, Temporary Sign Permits are $52 per sign. Kim is requesting the city waive fees for two signs totaling a $104 fee waiver. TMC 3.32.070 authorizes Council to waive fees for non - profits. The text of the TMC is as follows: "3.32.070 Exemptions. The City Council is authorized to waive or exempt the fee or charge imposed upon an application or for the use of City facilities and services, if a nonprofit organization requests such a waiver in writing and the Council determines that community benefit from the proposed activity outweighs the financial burden on the City. The waiver or exemption shall not excuse the nonprofit organization from compliance with other requirements of this code." Tigard Little League is a qualifying non - profit. They have made their request to waive fees in writing. If Council determines that the benefit to the community outweighs the loss of $104 in permit fees, then Council is authorized to waive the fees. OTHER ALTERNATIVES City Council could deny the request. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Tigard citizens are involved in the community and participate effectively. Programs and activities are available in the community to meet the needs of a diverse population. DATES OF PREVIOUS COUNCIL CONSIDERATION None. Fiscal Impact Cost: NA Budgeted (yes or no): NA Where Budgeted (department /program): NA Additional Fiscal Notes: Waiving the fees will reduce City of Tigard General Fund revenues by $104. Attachments Resolution Written Request from Tigard Little League From: Kim Kelleher fmailto:kimkel16(&gmail.coml Sent: Wednesday, November 09, 2011 9:58 AM To: Councilmail Councilmail Cc: kim.kelleher@tigardll.orq Subject: Permit Fees for Non - Profits Hello City Council, I am contacting you with a request to consider waiving the permit fees charged to hang banners for non- profit sports leagues in Tigard. As Player Agent /Registrar for Tigard Little League, I am responsible for the flyers, banners and yard signs that we use to advertise that our registration is open for baseball and softball for Tigard kids age 5 -14. I have learned that the City of Tigard permit fee to hang a banner is $54 per banner — we have 2 banners that we put up each year at Fowler Middle School and Tigard High School, so that is a cost of $108. While this cost is certainly not exorbitant, those are dollars that are then required to be spent on something other than things that will actually add value to the program for the kids. In 2011, Tigard Little League provided $6,500 in scholarships and I know that the other non - profit youth sports groups (e.g., Tigard Youth Lacrosse, Tigard Youth Football, Tigard Basketball Association and Tigard Competitive Hoops) all provided scholarships as well. I would be happy to contact those groups and provide you with the amounts if that would be helpful to you. This is my first request to a City Council so please let me know if you would like something more formal or if you would like representatives from these groups to present the request at a meeting. And please let me know if you would like any additional information. I would love to spend the $108 on either scholarships or player development opportunities for our players! Thanks very much for your consideration, Kim Kelleher Tigard Little League Player Agent /Registrar AIS -744 Item #: 3. H. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Approve Amendment #01 to Intergovernmental Agreement (IGA) with Oregon Department of Transportation (ODOT) - Motor Vehicle Fuel Dealer Tax Collection Prepared For: Toby LaFrance Submitted By: Toby LaFrance Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Should Council approve Amendment #01 to Intergovernmental Agreement (IGA) with Oregon Department of Transportation (ODOT) for Motor Vehicle Fuel Dealer Tax Collection? STAFF RECOMMENDATION / ACTION REQUEST Approve Amendment #01 to IGA with ODOT for Motor Vehicle Fuel Dealer Tax Collection KEY FACTS AND INFORMATION SUMMARY The State of Oregon collects Gas Tax revenues from fuel stations in Tigard. The collection includes the $0.03 /gallon City Gas Tax that is used to fund specific transportation projects in Tigard, such as the Greenburg Road / Main Street / Pacific Highway intersection. On March 9, 2007, the City of Tigard entered into an IGA with ODOT to collect the City Gas Tax. That agreement ends on December 31, 2011. Amendment Number 01 to the IGA serves three main purposes: 1. Renews the IGA for another four years, 2. Makes changes to the IGA to account for City of Tigard Ordinance 09 -12, which amended the City Gas Tax, and 3. Makes changes to account for changes in ORS references. OTHER ALTERNATIVES Council could deny the request and instruct staff to seek other methods of collecting the City Gas Tax. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Financial stability DATES OF PREVIOUS COUNCIL CONSIDERATION � a Fiscal Impact Cost: NA Budgeted (yes or no): NA Where Budgeted (department/program): City Gas Tax Additional Fiscal Notes: In Fiscal Year 2012, the City Gas Tax is anticipated to produce $692,265. By agreement ODOT collects the gas tax and reduces the amount distributed to Tigard in the first month of the fiscal year. By agreement the amount deducted cannot exceed $7,500. Attachments Amendment #1 to IGA w/ ODOT Original 2007 IGA w/ ODOT A rnelndme+n Misc. Contracts and Agreements No. 23927 AMENDMENT NUMBER 01 INTERGOVERNMENTAL AGREEMENT Motor Vehicle Fuel Dealer Tax Collection City of Tigard The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "ODOT," and the City of Tigard, acting by and through its elected officials, hereinafter referred to as "CITY," entered into an Agreement on March 9, 2007. Said Agreement covers the authorization of ODOT to act as the tax administrator for the CITY motor vehicle fuel license tax on motor vehicle fuel dealers that sell, use or distribute fuel in the CITY. It has now been determined by ODOT and CITY that the Agreement referenced above shall be amended to extend the termination date, update language and Exhibit A. Except as expressly amended below, all other terms and conditions of the Agreement are still in full force and effect. Exhibit A shall be deleted in its entirety and replaced with the attached Revised Exhibit A. All references to "Exhibit A" shall hereinafter be referred to as "Revised Exhibit A." TERMS OF AGREEMENT, Paragraph 1, Page 1, which reads: 1. The City of Tigard Code, Ordinance No. 06 -21 attached as Exhibit A, and by this reference made a part hereof, (hereinafter referred to as "Ordinance 06-21"), authorizes the collection and use of a $.03 per gallon motor vehicle fuel license tax (hereinafter referred to as "tax ") on motor vehicle fuel dealers that sell, use or distribute fuel in the City. City desires that ODOT act as the tax administrator for the tax, with the exception of declaring the effective date of the tax. Shall be deleted in its entirety and replaced with the following: 1. The City of Tigard Code, Ordinance No. 09 -12 attached as Revised Exhibit A, and by this reference made a part hereof, (hereinafter referred to as "Ordinance 09 -12 "), authorizes the collection and use of a $.03 per gallon motor vehicle fuel license tax (hereinafter referred to as "tax ") on motor vehicle fuel dealers that sell, use or distribute fuel in the City. City desires that ODOT act as the tax administrator for the tax, with the exception of declaring the effective date of the tax. TERMS OF AGREEMENT, Paragraph 2, Page 1, which reads: 2. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate on December 31, 2011, unless extended by an amendment to this Agreement. ODOT / CITY Agreement No. 23927 -01 Shall be deleted in its entirety and replaced with the following: 2. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate four (4) years from the date of execution, unless extended by an amendment to this Agreement. ODOT OBLIGATIONS, Paragraph 1, page 2, which reads: 1. Upon the effective date of Ordinance 06 -21, the ongoing fee charged to the City for activities performed by ODOT required or necessary for the implementation of City Ordinance 06 -21 shall be at a rate of $55.00 per hour not to exceed 50 hours (hereinafter referred to as "start up costs). The $55.00 per hour, 50 hour cap applies only to start up costs incurred by ODOT staff. Start up costs include but are not limited to programming charges, service and supplies, travel, Attorney General costs, and ODOT staff time and are in addition to the ongoing fee for administering the ordinance. In no event will total start up costs be Tess than $2,200 nor shall they exceed $7,500. Shall be deleted in its entirety and replaced with the following: 1. Upon the effective date of Ordinance 09 -12, the initial fee charged to the City for activities performed by ODOT required or necessary for the implementation of City Ordinance 09 -12 shall be at a rate of $55.00 per hour not to exceed 50 hours. The $55.00 per hour, 50 hour cap applies only to start up costs incurred by ODOT staff, costs which shall not exceed $2,750. Costs incurred by the Attorney General, supplies, and travel are in addition to the ODOT staff costs, and when combined with ODOT staff costs, shall not exceed a total of $7,500 and are in addition to the ongoing costs of administering Ordinance 09 -12. Said costs will be deducted from the first months revenue transfer in one lump sum payment. ODOT OBLIGATIONS, Paragraphs 4 and 5, page 2, which reads: 4. ODOT shall be responsible for all aspects of tax administration as it pertains to Ordinance 06 -21 and as further defined in this Agreement. ODOT will not act as tax administrator for purposes of declaring the effective date of the tax, or commencing and prosecuting lawsuits to final determination in any court. ODOT will provide administrative support in the event of a lawsuit. 5. ODOT may, at its sole discretion, determine what action shall be taken to enforce Ordinance 06 -21 for purposes of tax administration. In exercising its discretion, ODOT shall provide a level of service comparable to the level of service it provides in the administration of the Oregon motor vehicle fuel tax statutes. Audits will be limited to motor vehicle fuel dealers that are also licensed under ORS Chapter 319. Shall be deleted in its entirety and replaced with the following: 2 ODOT / CITY Agreement No. 23927 -01 4. ODOT shall be responsible for all aspects of tax administration as it pertains to Ordinance 09 -12 and as further defined in this Agreement. ODOT will not act as tax administrator for purposes of declaring the effective date of the tax, or commencing and prosecuting lawsuits to final determination in any court. ODOT will provide administrative support in the event of a lawsuit. 5. ODOT may, at its sole discretion, determine what action shall be taken to enforce Ordinance 09 -12 for purposes of tax administration. In exercising its discretion, ODOT shall provide a level of service comparable to the level of service it provides in the administration of the Oregon motor vehicle fuel tax statutes. ODOT OBLIGATIONS, Paragraph 10, page , which reads: 10.ODOT will maintain all databases and records created or received by ODOT under this Contract for not less than the period of time which ODOT maintains records for its administration of ORS Chapter 319. ODOT will make all such information available to City in the same format as the format used by ODOT. Such information shall include, but not be limited to, information concerning the identity, business operations and tax payment history of all fuel dealers who are subject to Ordinance 06 -21. Upon termination of this Agreement for any reason, ODOT will provide City with copies of all of the data described above, in electronic format, if possible, or in the form otherwise existing within ODOT's databases. Shall be deleted in its entirety and replaced with the following: 10.ODOT will maintain all databases and records created or received by ODOT under this Contract for not less than the period of time which ODOT maintains records for its administration of ORS Chapter 319. ODOT will make all such information available to Agency in the same format as the format used by ODOT. Such information shall include, but not be limited to, information concerning the identity, business operations and tax payment history of all fuel dealers who are subject to Ordinance 09 -12. Upon termination of this Agreement for any reason, ODOT will provide Agency with copies of all of the data described above, in electronic format, if possible, or in the form otherwise existing within ODOT's databases. Insert new ODOT OBLIGATIONS, Paragraphs 11 and 12, to read as follows: 11.In the event Ordinance 09 -12 is referred to a public vote, by way of referendum or initiative, prior to implementation or collection of the tax, ODOT reserves the right to extend or suspend collection activity until the petition is resolved. 12.ODOT's Project Manager for this Project is David Nemchik, Fuels Tax Operations Manager, ODOT — PUC Building, 550 Capital Street NE, Mailstop 1, Salem, OR 97301; 503 - 378 -3077; David.nemchik @odot.state.or.us, or assigned designee upon individual's absence. ODOT shall notify the other Party in writing of any contact information changes during the term of this Agreement. 3 ODOT / CITY Agreement No. 23927 -01 GENERAL PROVISIONS, Paragraph 1, Page 3, which reads: 1. In order to ensure consistency in the administration of the tax, each Party shall notify the other in writing of any change in Ordinance 06 -21, and in state or local regulations or rulings related to the tax at least thirty (30) days prior to the effective date of such change. Shall be deleted in its entirety and replaced with the following: 1. In order to ensure consistency in the administration of the tax, each Party shall notify the other in writing of any change in Ordinance 09 -12, and in state or local regulations or rulings related to the tax at least thirty (30) days prior to the effective date of such change. GENERAL PROVISIONS, Paragraph 7, Page 4, which reads: 7. All employers, including the Parties, 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. The Parties shall ensure that each of its subcontractors complies with these requirements. Shall be deleted in its entirety and replaced with the following: 7. All employers, including the Parties, 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. Employers Liability insurance with coverage limits of not less than $500,000 must be included. The Parties shall ensure that each of its subcontractors complies with these requirements. GENERAL PROVISIONS, Paragraphs 8 and 9, Page 4, which read: 8. 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, employees, and agents from any and all claims, suits, and liabilities which may occur in their respective performance of this Project. 9. 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 4 ODOT / CITY Agreement No. 23927 -01 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. Shall be deleted in their entirety and replaced with the following: 8. 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, employees, and agents from any and all claims, suits, and liabilities which 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'. 9. 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. GENERAL PROVISIONS, Paragraph 10, Page 5, which reads: 10. City acknowledges and agrees that ODOT, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of City which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by ODOT. Shall be deleted in its entirety and replaced with the following: 10. City acknowledges and agrees that ODOT, 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 City which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project -- if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by ODOT. This Amendment may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, 5 ODOT / CITY Agreement No. 23927 -01 notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Amendment so executed shall constitute an original. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. City of Tigard, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Council President Maureen Bock, Fuels Tax Group Manager Date Date By City Manager Date CITY Contact: Toby LaFrance, Director of Finance & IS ODOT Contact: City of Tigard David Nemchik, Fuels Tax Operations 13125 SW Hall Boulevard Manager Tigard, OR 97223 ODOT — Financial Services 503 - 718 -2406 PUC Building toby or.gov 550 Capital Street NE, Mailstop 1 Salem, OR 97301 503 - 378 -3077 David. nemchik@odot.state.or.us 6 ODOT / CITY Agreement No. 23927 -01 REVISED EXHIBIT A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 09 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE SECTION 3.65.040.13, REMOVING A CRITERION WHICH REQUIRES THE CITY TO AMEND THE LOCAL MOTOR VEHICLE FUEL TAX TO OFFSET LEGISLATIVE CHANGES TO THE STATE OR COUNTY MOTOR VEHICLE FUEL TAX, AND AMENDING SECTIONS 3.65.030 AND 3.65.270.2, REMOVING A CRITERION WHICH REQUIRES THE AUTOMATIC SUNSET OF THE LOCAL MOTOR VEHICLE FUEL TAX AND, ADDING SECTION 3.65.270.3, REQUIRING THAT FUTURE ALLOCATION OF CITY MOTOR VEHICLE FUEL TAX REVENUE BE DETERMINED BY THE TRANSPORTATION ADVISORY COMMITTEE, AND DECLARING AN EMERGENCY. WHEREAS, on July 29, 2009, the Governor signed HB 2001, as adopted during the 2009 Regular Session of the Oregon State Legislature; and WHEREAS, HB 2001 becomes effective on September 28, 2009; and WHEREAS, upon its effective date, HB 2001 prohibits, until January 1, 2014, the amendment of any local ordinance which taxes motor vehide fuel; and WHEREAS, Section 3.65.040.b of the Tigard Municipal Code requires the City to amend its motor vehicle fuel tax ordinance in response to legislative enactments of the State or County, and is thereby found to be in conflict with HB 2001; and WHEREAS, Ordinance No. 06 -21 and Ordinance No. 08 -20, enacting and amending the City of Tigard Motor Vehicle Fuel Tax Ordinance, were passed with the purpose of ensuring that the City be able to raise funds necessary for improvements of the Greenburg Road / Highway 99/ Main Street intersection and allow the City Council to reinstate the motor vehicle fuel tax to finance ctitical transportation and intersection improvements in Tigard; and WHEREAS, HB 2001 jeopardizes that ability and authority of City to readily meet the intended purpose of the Tigard motor vehicle fuel tax; and WHEREAS, the Tigard City Council, at its public meeting of August 18, 2009, has determined the need to amend the Tigard Municipal Code in order to be consistent with State of Oregon current law and the purpose of the City of Tigard Motor Vehicle Fuel Tax Ordinance. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 3.65.040.b of the Tigard Municipal Code is amended to read as follows: b. Pay a motor vehicle fuel tax computed on the basis of 3 cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. SECTION 2: Section 3.65.030 of the Tigard Municipal Code is amended to read as follows: ORDINANCE No. 09 4, Page 1 7 ODOT / CITY Agreement No. 23927 -01 REVISED EXHIBIT A A motor vehicle fuel tax is hereby imposed on every dealer. The tax imposed shall be paid to the tax administrator. The tax administrator is authorized to exercise all supervisory and administrative powers with regard to the enforcement, collection and administration of the motor vehicle fuel tax, including all powers specified in ORS 319.010 to 319.430. SECTION 3: Section 3.65.270.2 of the Tigard Municipal Code is amended to read as follows: 2. The net revenue shall be used only for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets within the city. The net revenue shall be used exclusively for improvements to the Greenburg Road /Highway 99 /Main Street intersection until such improvements are fully funded. SECTION 4: Section 3.65.270.3 is added to the Tigard Municipal Code to read as follows: 3. The Tigard Transportation Advisory Committee shall create and maintain a project list, which designates in order of priority, the projects for which net revenue shall be used subsequent to sufficient funds being collected to fully finance and pay for the Greenburg Road /Highway 99 /Main Street intersection improvements. 11; at anytime, the Transportation Advisory Committee has not designated a project for funding, all funds collected pursuant to this Chapter shall be maintained in the Tigard City Gas Tax Fund until such time as the Transportation Advisory Committee designates a priority project for the use of such funds. SECTION 5: Because this ordinance amends the current Tigard motor vehicle fuel tax ordinance as is prohibited by HB 2001 after its effective date of September 28, 2009, an emergency is declared to exist and this ordinance shall be in full force and effect immediately upon passage by the Council. PASSED: By /`7d -Qii/l vote of all Council Members present after being read by number and tide only, this g' ' day of 1TiyxI'3e _ , 2009. fd /)/ U4 .•L Carol A. Krager, Deputy CrIty Recorder APPROVED: By Tigard City Council this day of 9 , 2009. Craig irksen, Mayor Ap vet as to form: City Attorney Date ORDINANCE No. 09- /2 Page 2 8 • C?risi na.L • Misc. Contracts and Agreements Agreement No. 23927 INTERGOVERNMENTAL AGREEMENT Motor Vehicle Fuel Dealer Tax Collection 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 "ODOT "; and the City of Tigard, hereinafter referred to as "City ", collectively referred to as "Parties ". RECITALS 1. By the authority granted in ORS 190.110 and 283.110, 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 802.010, ODOT shall perform all of the duties, functions, and powers with respect to the administration of the laws relating to the motor vehicle fuel license tax, aircraft fuel license tax and use fuel license tax including ORS Chapter 319. 3. By the authority granted in ORS 802.110, the monies received under this Agreement shall be deposited in the Department of Transportation Driver and Motor Vehicle Suspense Account with the State Treasurer. 4. For purposes of this Agreement, duties of the tax administrator shall be defined as administration, including licensing of dealers, collection and enforcement of motor vehicle fuel tax. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: TERMS OF AGREEMENT 1. The City of Tigard Code, Ordinance No. 06 -21 attached as Exhibit A, and by this reference made a part hereof, (hereinafter referred to as "Ordinance 06-21"), authorizes the collection and use of a $.03 per gallon motor vehicle fuel license tax (hereinafter referred to as "tax ") on motor vehicle fuel dealers that sell, use or distribute fuel in the City. City desires that ODOT act as the tax administrator for the tax, with the exception of declaring the effective date of the tax. 2. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate on December 31, 2011, unless extended by an amendment to this Agreement. City of Tigard /ODOT Agreement No. 23927 CITY OBLIGATIONS 1. The costs incurred by ODOT as tax administrator, plus any refunds authorized by this Agreement shall be paid from the Department of Transportation Driver and Motor Vehicle Suspense Account with the State Treasurer. 2. City's Project Manager responsible for coordinating the administrative requirements of this Agreement is the City Manager or designee. ODOT OBLIGATIONS 1. Upon the effective date of Ordinance 06 -21, the ongoing fee charged to the City for activities performed by ODOT required or necessary for the implementation of City Ordinance 06 -21 shall be at a rate of $55.00 per hour not to exceed 50 hours (hereinafter referred to as "start up costs). The .$55.00 per hour, 50 hour cap applies only to start up costs incurred by ODOT staff. Start up costs include but are not limited to programming charges, service and supplies, travel, Attorney General costs, and ODOT staff time and are in addition to the ongoing fee for administering the ordinance. In no event will total start up costs be less than $2,200 nor shall they exceed $7,500. 2. Costs incurred by ODOT for administration of this Agreement shall be paid from the Department of Transportation Driver and .Motor Vehicle Suspense Account with the State Treasurer. Administration includes, but is not limited to, processing reports and payments; entering data into system; resolving errors and discrepancies; managing records; responding to licensee inquiries, and auditing. 3. ODOT will deduct refunds, costs of administration and collection forthe month, and the balance will be transferred to the City's Local Government Investment Pool Account with the state treasurer no later than the 15 day of the month following the month of collection. 4. ODOT shall be responsible for all aspects of tax administration as it pertains to Ordinance 06 -21 and as further defined in this Agreement. ODOT will not act as tax administrator for purposes of declaring the effective date of the tax, or commencing and prosecuting lawsuits to final determination in any court. ODOT will provide administrative support in the event of a lawsuit. 5. ODOT may, at its sole 'discretion, determine what action shall be taken to enforce Ordinance 06 -21 for purposes of tax administration. In exercising its discretion, ODOT shall provide a level of service comparable to the level of service it provides in the administration of the Oregon motor vehicle fuel tax statutes. Audits will be limited to motor vehicle fuel dealers that are also licensed under ORS Chapter 319. 2 • City of Tigard /ODOT Agreement No. 23927 6. If the City requests and ODOT agrees, or if ODOT deems it necessary to vary substantially from the standard level of service, a supplemental Agreement shall be entered into between the parties before services are performed. 7. ODOT's Project Manager responsible for this Agreement is ODOT Fuel Tax Audit Manager or designee, PUC Building 550 Capitol St NE, Basement, Salem, OR 97301 -2530. 8. Beginning in 2008 and no later than March 15 each year thereafter, ODOT shall provide a written report for the preceding calendar year to City showing the total revenue collected, refunds paid, the expenses incurred for administration and collection of the tax, and any other information ODOT deems pertinent to this Agreement. In the annual report, ODOT may also make recommendations conceming amendments to the code, ordinance, procedures, and policies in administration of the tax, or other related matters. 9. ODOT and the City shall coordinate all necessary announcements to the public so as to facilitate effective administration of the tax and maintain consistency in public 1., . announcements and information. 10. ODOT will maintain all databases and records created or received by ODOT under this Contract for not less than the period of time which ODOT maintains records for its administration of ORS Chapter 319. ODOT will make all such information available to City in the same format as the format used by ODOT. Such information hr shall include, but not be limited to, information concerning the identity, business ,:. operations and tax payment history of all fuel dealers who are subject to Ordinance 06 -21. Upon termination of this Agreement for any reason, ODOT will provide City with copies of all of the data described above, in electronic format, if possible, or in the form otherwise existing within ODOT's databases. GENERAL PROVISIONS 1. In order to ensure consistency in the administration of the tax, each Party shall notify the other in writing of any change in Ordinance 06 -21, and in state or local regulations or rulings related to the tax at least thirty (30) days prior to the effective date of such change. 2. This Agreement may be terminated by either party upon 90 days' notice, in writing and delivered by certified mail or in person. 3. ODOT may terminate this Agreement on 30 days notice to the extent permitted by law, effective upon delivery of written notice to City or at such later date as may be established by ODOT, under any of the following conditions: a. If Federal or State laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is 3 City of Tigard /ODOT Agreement No. 23927 prohibited or if ODOT is prohibited from paying for such work from the planned funding source. b. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the. Parties prior to termination. 5. The Parties agree to 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 (1) 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. 6. The Parties 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. 7. All employers, including the Parties, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.01 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. The Parties shall ensure that each of its subcontractors complies with these requirements. 8. 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, .employees, and agents from any and all claims, suits, and liabilities which may occurin their respective performance of this Project. 9. 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. 4 City of Tigard /ODOT Agreement No. 23927 10. City acknowledges and agrees that ODOT, the Secretary of State's Office of the State of Oregon, the federal govemment, and their duly authorized representatives shall have access to the books, documents, papers, and records of City which are directly pertinent to ' the specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by ODOT. 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 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. IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year hereinafter written. The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day - to-day operations. Day -to -day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation. Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Central Services to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission such as the Oregon Traffic Safety Performance Plan, or in a line item in the biennial budget approved by the Director. 5 • • City of Tigard /ODOT Agreement No. 23927 On August 2, 2005, the Deputy Director, Central Services approved Subdelegation Order No. 9, in which the Deputy Director,' .Central' Services delegates . the authority to the .Support Services Branch Manager to approve. and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Investment, Program or In other :system plans approved by the Oregon Transportation Commission or in a line item in the legislatively adopted biennial budget. • City of Tiga , : - nd through its City. STATE OF OREGON, by and through Manager its Depa ent of Transporta • By By 1 :44 ...._ it ARM • Title _ _ . - — Date • Date a?� Va7 - APPROVAL RECOMMENDED • By By-' Title . . Date ,S 17 a °o Date • By APPROVED AS TO LEGAL Date SUFFICIENCY By Co sel Date Date -2-- °-7 APPROVED AS TO LEGAL SUFFICIENCY Agency Contact: By AI Jt • Assistant Attorney General Date: 6 EXHIBIT A • CITY OF TIGARD, OREGON • ORI)1NANt.I NO. 06-o) AN ORDINANCE CREATING AND IMPOSING A TAX ON MOTOR VEHICLE 1'UGL DEALERS; PROVi[MNG FOR PNFORCEMENT, ADMINISTRATION AND COLLECTION OF THE TAX; Alit) AMENDING THE TIGARi) MUNICiPAi.. CODE HY ADDING-A NEW . CHAPTER 3.65. WHEREAS, 'Tigard is an Oregon home -rule municipal corporation having the, authority and power under the terms; of its Charter to exercise all the powers and authority that the constitution, statutes and conurtnn law of the United States and this State expressly or implicdly grant or allow as though each such fitment were sptx:it tally emaciated therein; WHEREAS, said authority and power includes the authority to impose a tax un ()resale of motor vehicle fuel sold within the City; • WI tI Rf AS, tie City Council wishes to exercise that power and to limit the use. of any revenues generated by said tax to purposes associated with the .administration, construction, .reconstruction, improvement, repair, maintenance, opemtion and use of public highways, roads and streets within the city =; NOWV. THEREFORE. THE CITY O1' TIGARD ORDAINS AS FOLLOWS: SECTION I: Tigard Municipal Codc is amended by adding a new Chapter 3.65 Motor Vchicic Fuel. Tax, to rrt d as follows: . Chapter 3.65 MOTOR VEHICLE, FUEL TAX 3.65:010 Short Title 3.65.015 Purpose 3.65.020 Definitions 3.65.030 fax Imposed 3.65.040 Amount and Payment 3.65.050 Permit Requirements 3.65.060 Permit Applications and issuance 345.070 Failure to Secure Permit 3.65.080 Revocation of • 3.65.090 Cancellation of Permit 3.65.100 Remedies Cumulathw 3.65.110 Payment of fax and Delinquency • • 3.65.120 Monthly Statement of Dealer Ordinance No 06- 1 Page 1 • • EXHIBIT A • 3.65.130 Failure to File Monthly Statements 3.65.140 Billing Purchasers 165.150 Failure to Invoice or Delivery Tag 3.65.160 Transporting Motor Vehicle Fuel•in Bulk 3.65.170 Exemption•of.Exporl Fuel 3.65.190 Fuel in Vehicle Coming into City Not Taxed 345.200 Fuel sold or felivered to Dealers • 3.65.210 Refunds • 345220 Examination and investigations 3.65330 Limitation on Credit for Refund or Overpayment andon Assessment or • Additional Tax • 3.65.240 Examining Books and accounts of Carrier of Motor Vehlcli Fuel 3.65.250 Records to he Kept by Dealers 3.65.260 Records to he•Kept Three Years • • 3.65.270 Use of Tax Revenues • • 1.65,010 Short Title The provisions of this Chapter shall be known and may be cited us the "City of Tigard Motor Vehicle Fuel Tax Onlinance ", ., • 3.65.015 Purpose 'the purpose of the motor vehicle fuel tax is to raise revenues necessary for the construction. reconstruction, improvement, repair, maintenance, operation and use of the public street system in the city: 0 • 3.65,020 Definitions. M used in this ordinance, unless the context requires otherwise: • • 1. "City" means City of Tigard, a municipal corporation of the State of : Oregon. ' • 2. "Dealer" means any person who: • • is imports or causes to be imported motor vehicle fuel forsale, use or distribution in. and atter the satue reaches the city, but i)calcr" does not include any person who imports into the pity motor vehicle fuel in quantities o1`500 gallons Or less,purchased from a supplier who is licensed as a dealer hereunder and who assumes tiahitity liar the payment of the applicable motor vehicle fuel taax.to the city; or b; Produces, refines, ntanufacturesor compounds motor .vehicle fuels itt the • city for use, distribution or sale in the city; or , • • Ordinance No, 06- u ;' 1 • Path' 2 • 8 . ' /. • • EXHIBIT A • c. Acquires imthe city for sale. use or distribution in the city motor vehicle fuel with respect to which there has been no motor vchicic fuel tax previously incurred. • 3. "Distribution" morns, in addition to its urdintrry meaning, the delivery of motor • vehicle fuel by u dealer to any service station or into any tank, storage facility or eerie of tanks or storage facilities connected by pipelines, from which motor vehicle. fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service - station, tank or storage facility is owned, operated or controlled by the dealer. • 4. "Highway' means every way, theroughfarc and place i►f whaievcr nature, open for use of the public for the purpose of vehicular travel. 5, "Motor Vehicle" means all vehicles, engines or machines, movable or inunovable operated or propclleclby the axe rrfmntWWI vehicle fuel. 6. "Motor Vehicle Fuel" means and includes.diesel and gasoline and any other flammable or combustible as or liquid; by whatever naive such as diesel and gasoline, gas or liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas or liquid, the chief use of which, as detennined by the tax administrator, is for purpnsea tither than. the propulsion.of motor vehicles upon the highways. • 7. Tenon" includes every natural person. association, firer, partnership, corporation, joint venture or other business entity, • Y. "Service Swtion" means and includes any place opx royal for the purpose of • mailing and delivering. motor vehicle fuel into the fuel tanks of motor vehicles, 9. "Tax Administrator" means the city manager, the city manager's designee. or any perxm,or -entity with whrnn the city. manager coronets to perform these duties. 3.65.030 In Imposed: A motor vehicle fuel tux is hereby imposed on every denier,'l'.hc tax imposed shall be paid monthly to the tax administrator. The tux ulministralor is authorized to exercise all supervisory and rahninistrative powers with regard tot the enfr n:enrenr, c nllei tiun and administration of the motor vchicic fuel tax, including all powers specified in U1tS 319.010 to 319.430. The motor vchicic fuel lax shall remain in•effect through December 31, 2011, but shall not remain in affect after that dale unless renewed by ordinancc of the City Council. Renewal of the tax shall be set fix council rt i ieraGun in the first half of calendar yc►ir T_ll1 1. • Ordinance No. 06- ( Page 3 9 • • EXHIBIT A • 3.65.040 Amount and Payment. In addition to uny tees or taxes otherwise provided our by law, every dealer ',waging in his own tuaine, or in the name of others, or in the name of his representatives or agents itt the city, in the sate, use or distribution of motor vehicle fuel, shall: • a.. Not inter than the 25th da•of each calendar month. render a statement to the tux administrator or duly authorized agent' of all motor vehicle fuel sold, used or distributed hy hinither in the city as well as all such fuel sold, used or,diarributeci in the city by a purchaser thereof upon which sale, use or distribution the dealer has assumed liability list the applicable motor vehicle fuel tax during the preceding calendar month. • b. Pay a motor vehicle fuel tax computed on the basis of 3 cents per gallon of ,inch motor vehicle fuel so sold, used or distributed as shown by such statement•in the manner and within the time provided in this ordinance, In the event that the State of Oregon or • • Washington County increase their taxes on motor vehicle fuel, the City, which receives a share of those taxes, shalt reduce the rate established hy this, action so that the City's total revenue from fuel tuxes remains what it would have been without ihe:State or County increases, 2. In lieu of claiming refund of the tax as provided in Section 3.05.210, or of any prior erroneous payment of motor vehicle fuel tax made to the city by thc the dealer may show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of tax. 3. 'the motor vehicle fuel tax shall not be imposed wherever it is prohibited by the Constitution of laws of the Untied States or of the State of Oregon. . 3.65.1140 Permit Requirements. No dealer shall sell, use or distribute any motor vehicle fuel until Itorsshe hay secured a dealer's permit as required herein: • 3.65.060 PcrmIt Applications and issuance. • 1. b:very.:person, before becoming a dealer in motor vehicle fuel in t is•city, slsalt : . make an application to the tax administrator for a permit authorising such person to en gage in business a dealer. • • 2. Applications for the permit tnust be trade maims prescribed, prepared and • . • tirrnished by the tax administrator. . • • 3, The applications shall be accompanied by a duly acknowledged certificate containing :. • • Ordinance No. 116- r_ Page 4 • • • • 10 EXHIBIT A a. 7'he business name under which the dealer is traisacting business. • b. Thc address of the applicant's principal. place of business and location of distributing stations in the city, c. The nurne and address of thernanaging agent, the numesand addresses of the several persons eonstituting the firm or partnership anti, iI'a exirpc'iaticm, the uxporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent. 4. I f an application fctr a motor vehicle fuel dealer's permit is complete and has been aecepte d tier tiling, the tax administrator shall issue tee the dealer a permit in such form its the tax administrator utav prescribe to transact business in the city. 'lire penint so issued is not • assignable, and is valid only for the dealer in whose naive it is issued. 5. The tux administrator shall keep anii file all applit;ations with an alphabetical index thereof, together with a record of all lxxmitted dealers. . 3:65.070 Failure to Secure Permit. 1. if any dealer sells, distributes or use any mcitur vehicle fuel withinit - first tiling the Certificate and securing the pemtit.required•bv Section 3.65.060, the motor vehicle fuel tax shall immediately be clue and payable on aceowit of all motor vehicle fuel so sold, distributed or' used. ?. Thc lax ndministnitor.shall proceed fcirthwith.triilcierntinc, from as many available sources its the tax ado►inistrator determines reasonable, the alumni of lax dot:, anti • shall assess the trot in the arnotun found due, together with a penalty of I00% of the tax, and • • shall make a certificate of such assessment and penalty. in any suit or proceeding to collect such tax or penalty or both, the certificate shall be prima facie evidence that the dealer therein named is indebted to the city in the amount of the tax }aid penalty soled. 3. Any tax or penalty so assessed may be collected in the tweeter prescribed in section 3.65,110 with reference to delinquency in payment ent of the tax or by action at law. 4. In the event any suit or action is instituted to enliarci this :section, if the city is the • prevailing party, the city shall be entitled to recover tinni the person sued reasonable attorney' fees at trial or upon appeal of such suit or action, in addition to other sums provided by taw. 3.65.080 Revocation : of Permit. The wx administrator may revoke the. permit or. any dealer who fails to•comply with nny priwisliori (Pi .ici'lions 3.65.020 to 3.65.279. The ta.Y adiniiustrator tiIrull tnmil byc:e :hied mail addressed to sue it deale'r'at his Iasi known addn ss appearing oti the files of the tax administrator, (,hdinane a No. O6- . ) 1 Page 5 • • 11 • EXHIBIT A a notice of intention to cancel. The notice shall give the reason fear the cancellation. The cancellation shall become ctTectivc without further notice if %Atkin 10 days train the mailing of • the notice the dealer has not made good its default or delinquency. • • 3.65.090 Cancellation of Permit. 1. The tax . administrator may, upon.writtcn triples' of a dealer, cancel a permit issued to the dealer. The tax administrator shall, upon approving the dealer's requesrfor cancellation, set a date not later than 30 days eller receipt orate wsittcat request, after which the pernut shall no longer be effective. • • 2. 'Tice tax udininlstrator may, niter 30 days' notice has been mailed to the last • known address of the dealer, cancel. the permit of ihe upon finding that the dealer is no longer engaged in the business of a dealer. • 3.65.100 Rtmediem Cumulative. • Except as otherwise provided in Sections 165.110 and 165.130, the remedies provided in Sections 3.65.070, 3.65.080 and :3.65.090 ►ue ctwyulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this ixicle: 3.65:110 • Payment of Tax and Delinquency. 1. The motor vehicle fuel tax imposed by sections 3.65.030 and 3,65,040 shall be paid to the tax administrator on or before the 25th day of each month. • . 2. Except as provided in subsections (3) and (4) of this section, if payment oldie . motor vehicle fuel tax is not paid as required by subsection ( I ) 4 t'this section, a. penalty of one percent of such motor vehicle fuel tax shall he assessed and be inuuediately due,i ad.payablc. :3. Except as provided in subsection (4) section, if payment of the tax and penalty, if any, is not trade on or before the l "' day of the net month following that month in which paytnentis due, a further penalty of 10 percent of the tax shall he assessed. Said penalty shall be in addition to tiw.penalty provided .for in subsection (2) of this section, and shall be immediately due and payable, 4., . Penalties Imposed by this section c n shall not apply if u penalty has been assessed and paid pursuant to section 3.65.070. The tux administrator May for good cause shown waive any penalties assessed under this section. 5: t funv persc►ti tails to pay the motor vehicle fuel tax or any penalty provided for by . ' . • this section, the lax and/or, penalty shall be :collected from that person for the nse`of the city. 'Phi , Ordinance aa. 06- I Page 6 • • 12 EXHIBIT A tax administrator shall commence and prosecute to final determination. in any court of competent jurisdiction an action to collect the same. 6. In the event any suit or action is instituted to collect the motor vehicle fuel tax or any penalty provided for by this section, if the city is the prevailing party, the city shot] be • entitled to recover Gom the person sued reasonuble•attorney's fees at trial or upon appeal ot'such suit or action, in addition to other swns provided by law. • 1, No dealer who collccts.from any person the tax provided for herein shall knowingly and willfully fail to report and pay the same to the City as requited herein. 165.120 . Monthly Statement of Dealer. . Every dealer in motor vehicle fuel shall provide to the tax administrator on or before the 25th day of each month, on forms pre•scrihcd,,prcpared and furnished by the lax administrator, a statement of the number of gallons of motor vehicles incl. :►1d, distributed or used by him during the. preceding calendar. tttouth. The statement shall be signed by the dealer or the deakr'v agent. All statements filed with the City, as required in this section, arc public records.. • 161130 Failure to File Monthly Statements. If a dealer fails to file any statement required by Section 3.65.120, the tax administrator shall proceed forthwith to determine from as many available sources as the tax administrator determines to be reasonable the amount of motor Vehicle fuel sold, distributed or used by such dealer tar the period unreported, and such determination shall in any proceeding be prima facie evidence oldie attrnuat. of such fuel sold, distributoxl or used. The tax a Iministnuor.shall. inuuediately assess the dealer for the motor vehicle fuel tax upon the wnount determine d, adding thcrrto a penalty of ten percent of the tax. The penalty shall be cumulative to other.penaltics provided in this code. . 3.65,140 Dining 'Purchasers. Dealers in motor vehicle heels shall render bills to all purchasers of motor vehicle fuel. the bills shall separately stale and describe the different pxr►ductn FoId or shipped thereunder and shall he serially numbered except where other sales invoice controls acceptable to the lax administrator are maintained. 3.65.150 Failure to ProVidc Invoke or Delivery Tag. No person shall receive and accept motor vehicle fuel from any dealer, or pay for the same, or sell or toter the motor vehicle peel for sale, nakas the motor vthicle fuel is aecompatt ed by an invoice or delivery tag showing the date upon which motor vehicle loci was delivered, puirchascd or sold, and the name of the dealer in motor vehicle Mel. • Ordinance No. 06 - Page 7 • 13: • EXHIBIT A • • 3.65.160 Transporting Motor Vehicle Fuel in [sulk. Every person operating any conveyance for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk shall, before entering upon the public highways oldie city with such conveyance, have and possess during the entire time of the hauling or transporting of such motor vehicle fuel, an invoice, bill of sale or other written statement showing the number of gallons, the tru•name and address of the seller or consignor, and the•true name and address of • the buyer or ctinsip nee, if any of the same. The person hauling such motor vehicle.fuel shall at the request of any officer authorrred by law•to inquire into or investigate such matters, Produce and offer for inspection the invoice, bill of sale or other statement. • 3.65.170 Exemption of Export Fuel. 1. The motor vehicle fuel tax imposed by sections 3.65.036and 3.65.040 shall not be imposed on motor vehicle fuel: u. Exported i'rom the city by a dealer; or h. `old by a dealer in individual quantities of 500 g,alloar or leas fitr expx ►rt by the purchaser to an area or areas outside the city in containers other than the fuel truck ora motor vehicle, but cvcry dealer shall be required to report such capons and sales to the city in • such detail as may be required. 2. In support of any exemption from motor vehicle fuel twins claimisl under this section other than in the case of stock transfers or deliveries in his awn equipment, every dealer muss exc tge and file with the lax administrator an export certificate in such foul-1 ; be prescribed, d b prescribed, prepundl and furnishey the tax administrator, containing a statanet,'nutde by • some person having actual knowledge oldie fact of such•exportatiurn, that the:moti:r vehicle fuel has been exported from the city, and giving such details with reference to.suchshipment as the . tax administrator may tosquirc. The tax administrator may demand of any dealer such additional • data us is deemed nucosyruy insupport of nny such certificate, and failure to supply such data will constitute a waiver of all light to exemption claimed by virtue of such ccrliticatc. Thc tax administrator may,' in a case where tax administrator believes no useful purpose would be served by filing of an export certificate, waive the filing of the certificate. Any mot vehicle furl carried from the city in the fuel tank ofa motor vehicle shall not he c onsidenxl as exported from thy city. Oalinancc No. 06- cl 1 • Page 8 14 • EXHIBIT A • 4. No peNnn shvll, through false watemcnt, trick or device, or otherwise. nbt®in motor vehicle litut ;fitr export a to which the citylax.has not been lucid and fail to export the Same, or any portion thereof, or cause the motor vehicle fuel to any portion thereof not to be exported, or divert or cause to be diverted the motor vehicle fuel or any portion thereof to be- used, distributed or sold in the city and fail to notify the tax administrator and the dealer from whom the motor vehicle fitcl was originally purchased of his+her act. • 5. No dealer or other person shalt conspire with any person to withhold-from export, or divert from export or to return nxrior vehicle fuel to the city for sole or use so as to avoid any of the fees imposed heroin. 6. In support of any exemption from.taxcs on nccottnt of sales of motor vehicle fuel in individual ywtntitio or $Q0 gallows or las export by the purchaser, the dealer shall rehsin in his/her tiles for at Ieasl three year an export certificate executed by the purchaser in such form and containing such information as is prescribed by the tax administrator: Ibis certificate shall be prima facie evidence of the exportation of the motor vchiclo fuel to which it applies only if accepted by the'dealer in good faith. 3.65.175 Salts to Armed Forces Exempted. • The license tax imposed by sections 3.65.030 and 3 :65040 shall not be iritposcd on any motor vehicle fuel sold to the Anneal Knees of the United States for use in ships, nircraft or -for export-ion the city; but every dealer shall be requited to report such sales to the tux administrator in such detail as may be requited. A ceniticate by an authorized officer of such Anted Fortes shall be accepted by the dealer as sufficient proof that the sale is for the purpose specified in the certificate. - • • 3.65.190 Fuel in Vehicle Coming into City Not Taxed. • • Any person corning into the city in a motet vehic:te may transport in the Net tank of suet' vehicle, motor vehicle Net for hisdher Own use only and for the purpose of operating such motor vehicle without securing a permit or paying the tax pmvidod in Sections 3.65.030 and 3,65.040, or complying with wry of ibe provisions imposed upon dealers herein, but it' the motor vehicle fuel so brought into the city is removed front the fuel tank of the vehicle or used tier any purpose other than the propulsion of the vchicic, the person so importing feet into the city shall be subject to all the provisions herein applying to dealers 3.65.200 . Fuel Sold or Delivered to Dealers. 1. :'i dealer selling or delivering motor vehicle fuel to dealers is not acquired to pay u motor vehicle FucI tax thereon. • Ordinance No. 06- i • Pages 9 • • 15 EXHIBIT A 2, The dealer in rendering monthly statements to the city as required hy.Sections 3.65,040 and 3.65.1211 shall show separately the number of gallons of motor vehicle fuel sold or delivered to dealers. _ 3.65.210 Refunds. Refunds will be made pursuant to ORS 319.280 to 319.320. Claim font's far refunds may be obtained fmm - the tux administrator's office. 3.65.220 Examination and investigations. . The tax administrator, orduly authorized agents, may crake any examination of accounts. ounts. records, stocks, facilities and equipment of dealers, service stations and other persons engageol in • storing, selling or distributing motor Miele fuel or other petroleum product or products within • this city, and such other investigations as it considers necessary. in carrying out the provisions of sections 3,65.020 through 3.65.279: if the examinations or investigutions discktse that any reports of dealers or other persons heretofore filed with the tax administrator pursuant to the requirements herein, have shown incorrcttly the amount of gallonage or motor vehicle fuel distributed or the ma accruing thereon., the tax aadministrator may make such changes in subsequent reports and payntems of such dealers or other persons, or may make such relimds, as may be necessary to correct the errors disclosed by its examinations or imestigations, The dealer shall reimburse the city for reasonable costs of the examination or investigation if the faction clisclused that the deader paid 95 percent or less of the lax owing leer the period of the exaunination or investigation. In the event that such examination or investigation results in an assessment by and an additional payment due to tie city, such additional payment shall be • subject to interest at the rate of 18 percent per year fli the dame the original tax payment was • • due. 3.65.230 Limitation on Credit for or Refund of Overpayment and on Assessment of • Additional Tat. • 1. Except as otherwise provided in this ordiaa nee, any credit for erroneous • overpayment of tax Made.hy a dealer taken on a subsequent return or any claim for refund onus erroneously overpaid filed by a dealer must be so taken or filed within three years Idler the-date' . • • on which the overpnyrncnt_ was made to the city_ 2. Exceptin the case of a firaudulent report or neglect to make a report, every ruotii e • of udditiiinul tux proposed to be assessed under this cods shall be served on deatet s within three years from the date upon which such additional taxes,bceomc due, and shall be subject to penalty as provided in section 3.63.110. 3.65.240 Examining Hooks and Accounts of Carrier of Motor Vehicle Fuel. • Ordinunce. No. 06• c .) Page 10 • • 16 • EXHIBIT A The tax administrator or duly authorized agents may at any time during normal business hours examine the books and accounts of any carrier ut'rnotor vehicle toed upending within the City for the purpose of enforcing the provisions of this ordinance.. • 3.65.250 Records to be Kepi by Dcakrs: . Every dealer in motor vehicle fuel shall keep a record in such form as may be prescribed by the tax administrator of all purchases, receipts, sales and distribution of motor vehicle furl. The records shall include copies of all invoices or bills of all such.sales rind shall at all time during the txisircesc hour:: of the ibiy be subject to inspection by the lax administrator or authorized olliters or agents of the tux administrator. 3.65.260 Records to be Kept Three Years. . • Every dealer droll maintain and keep, for u period of three years, all records of motor vehicle tueL used sold and disuibuted within the eity by such dealer, together with skid records, invoices,•bills of lading and other pertinent papers as may be required by.the'tax administrator. In • • the event such records me not kept vvithin•thc state of' Orcgon, the-dealer shall reimburse the tux administrator for all travel, lodging, and minted expenses incurred bythc tax administrator= in examining such records. The amount uf'such expense~ shall be an additional tax imposed by • section 3.65.030. 3.65.270 Use of 'Tax Revenues. • • 1. For the purposes of this section, net revenue shall mean the revenue from the tax itt►txtsed by sections 3.65.020 through 3.65 279 remaining after pr oviding:for the cost of administration and any 'rebinds and credits authorize! herein. 2. lite net revenue shall be used only for the construction, reconstruction, improvemennt, n pair, maimenance, operation and use of public highways, roads and streets within the city. The net revenue shall be used exclusively for improvements to the Greenberg koad''liighway 99 interseetion. the City shall cease eollec ting the tux since the improvements are fully funded, • SECTION 2: 'cite tax imposed pursuant to section 7.65.030 shall take effect only after the tax adminisu•ator has developed the necessary formes and documents Io administer the tax. The tax administrator shall declare when the lax shall take effect, and give not lcss'ihan. 15 days - notice of the date before the tax may take effect. The tux administrator's decision its to the effective d.stc of the tax and the type of no :tire to . provided shall he finat'and not subject to re icw. Utelinat cc. loo. 06. a 1 • Page 11 • 17 EXHIBIT A SECTION 3: If any pinion of this Chapter is for nny reason held invalid or unconstitutional by a wort of rx nmpeient jurisdiction, such portion shall be deemed a separate, distinct . and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance.. • SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. • PASSED: by Oncin,rylotis vote of all C ouncil members present after being read by number and title only, this _Fu day o _t., 2006. . i C.athcrino Wheatley, City lteeonh APPROVED: fly Tigard Cit Co it this I 1 — day of __J 'C:gl�!7ti..6.,..L.._ 2006. Craig . , Dirkscn, Mayor • Approved as to trim:. • is, K f . �j )) V .—C • etty Attorney Ike IG , otp Pat; .. . . Ordinance No, 06- c. i Page 1? • 18 . • � i � ,, Ore Department of Transportation r t . ; , regon � :,::;: �� Support Services �' Procurement Office ` 1/4, Theodore R Kulongcnki, Governor ..� 455 Airport Rd. SE, Bldg. K Salem, OR 97301 -5348 March 13, 2007 Augustin Duenas, P.E. City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Dear Mr. Duenas, We have enclosed one original for your files of the fully executed Agreement #23927 for our upcoming project which covers Motor Vehicle Fuel Dealer Tax Collection. This Agreement has been signed by all parties. We have retained one signed original of the fully executed Agreement #23927 on file at the Oregon Department of Transportation. If you have any questions regarding this Agreement, please contact me at my e-mail address susan .c.herring @odot.state.or.us or at (503)986- 2731. Sincerely, h ietio-- A Susan Herring, Technical /Administrative Assistant ODOT Procurement Office Enclosure 3/21/2007 CITY OF TIGARD Paget of 1 11:39:16AM ImageFlow Lite Report - 'Legislative History (Detailed) -:. UserlD: CAROL. • boc. Ref.Code Doc. Date Item Ref. Action Code BrietDescrlptlon. .Ret.Code Cont. Date Exp. Date Name Referred to File Reference # Security Class Abstract Keywords ';At3 a -..Y_s r e:,a V171f� S. r ��r r t i.�.t t4- F �T b � \�.- `'^'�:'j °��1u yyy ;� ° ayr t« ` �.a. r ( 1i81O �_ ON 7 } y M .a' t :_e { . "Bak w � 1 r •'. t•. r .,." . r t *} • aw e i t • l a�+"�.w ! . •r NY 2 `t+1'.# �i11'` ", .lEI�bGRy'''''t t" t.' ':• t 'Y:`..�r.'� t.`` ^'. iv .?':; car .� '"_� _•LS OREGON DEPARTMENT OFTRANSPORTATION ODOT STATE OF OREGON CITY OF TIGARD INTERGOVERNMENTAL AGREEMENT MOTOR VEHICLE FUEL DEALER TAX COLLECTION GAS TAX AGREEMENT NO. 23927 • ORD 06-21 ORDINANCE NO 06-21 Total Items Printed: 1 r AIS -686 Item #: 3. I. 1. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Banking Services Contract Submitted By: Debbie Smith -Wagar Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award a contract for banking services? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for banking services to US Bank. and direct the City Manager to carry the contract through execution. KEY FACTS AND INFORMATION SUMMARY The City of Tigard currently has its primary banking services contract with US Bank. This contract provides a variety of services: • General checking • Merchant services (credit card processing) • Lock box (automatic processing of check payments, primarily for utility billing) Every five years the city is required to reevaluate the contract. Our five years are up, and the city needs to sign a new contract. The city has been pleased with the service from US Bank. The bank's staff responds quickly to questions from city staff. US Bank consistently receives high ratings from web services that rate banks for safety, such as Bankrate.com. In addition, US Bank is the only bank with a lock box in Oregon. This is important as it allows our customers to mail payments to an Oregon address. We would like to continue with US Bank. Staff is asking the LCRB to allow us to use the results of Lane County's formal Request for Proposal (RFP) and approve new banking services agreement with US Bank. Staff is also recommending the use of a permissive cooperative procurement, as authorized under ORS 279A.215 through the use of an existing Lane County contract and solicitation. The permissive cooperative procurement method allows the city to save on both staff time and materials when compared to a traditional RFP. This method is most fitting in this case as US Bank is the only potential proposer which has the local lockbox service in Oregon and conducting an RFP would most assuredly end with US Bank as the most responsible proposer. OTHER ALTERNATIVES Staff could issue a request for proposals. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The requirement for banking services is a state requirement placed on the city. The request to use a permissive cooperative procurement process supports council goal 6a, "Hold the line on the General Fund Budget ". DATES OF PREVIOUS COUNCIL CONSIDERATION This item was discussed at a council study session on November 22, 2011. Fiscal Impact Cost: 450000 Budgeted (yes or no): yes Where Budgeted (department/program): various Additional Fiscal Notes: Staff estimates banking services will cost approximately $450,000 over the next five year. Banking services are charged to the departments that use them. AIS -717 Item #: 3. I. 2. Business Meeting Date: 12/20/2011 Length (in minutes): Consent Item Agenda Title: Award a Computerized Maintenance Management System (CMMS) Contract to MaintStar Prepared For: Brian Rager Submitted By: Twila Willson Public Works Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award a contract for the replacement of the Computerized Maintenance Management System (CMMS) software in the Public Works Department to MaintStar, Inc.? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board awards the contract for replacement of the Public Works Department's CMMS software to MaintStar, Inc. and directs the city manager to execute the contract. KEY FACTS AND INFORMATION SUMMARY The council will be briefed on this contract in study session. Background The city manages over 249 miles of water lines, 164 miles of sewer lines, 125 miles of storm drainage lines, over 200 acres of developed parks and over 20 city -owned buildings. The rough replacement value of these assets is $1.5 billion. In order to systematically and effectively manage these assets, the Public Works Department utilizes a CMMS. A CMMS allows an organization to track the inventory of its assets, plan for routine maintenance work, record important inspection findings, track repair histories, and plan for rehabilitation or replacement. The Public Works Department has used the Hansen CMMS since the early 1990s. This software is due for replacement; it is outdated and the vendor will eventually discontinue support. CMMS Selection The department conducted a competitive selection process which included a Request for Proposal (RFP) issued in January 2011 and visits to other cities and agencies to see various CMMS software programs in action. The team ranked vendors responding to the RFP based on firm qualifications, project understanding and approach, overall schedule and cost. The MaintStar CMMS software received the team's highest ranking; MaintStar has been a CMMS vendor for over 20 years and is used extensively by multiple organizations in California and also by Clark County Public Works in Washington. Update Since staff last briefed the council on CMMS software replacement in July 2011, the city has been working with MaintStar to determine data conversion costs. MaintStar has concluded the city's existing CMMS data is in very good condition and now has an accurate picture of what the data conversion will entail. The next step is to enter into a formal contract with MaintStar; this is the contract now before the LCRB. The MaintStar CMMS replacement will cost is $409,450. Implementation will take approximately 18 months, so the replacement will span two fiscal years. OTHER ALTERNATIVES The council could direct staff to follow some other course of action regarding the replacement of the existing CMMS software. However, a CMMS is a necessity for the city. Current regulations mandate the use of a CMMS to effectively track maintenance and repair history on assets. Sanitary sewer asset management, in particular, is subject to federal regulations that require reporting from a CMMS to verify compliance. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Tigard City Council Five -Year Council Goal - "Develop Sustainability Plan." 2011 Tigard City Council Long Range Objective - "External and internal city assets are well managed and utilized." Asset management, accomplished through effective and modern CMMS software, is a critical part of the city's sustainability effort. DATES OF PREVIOUS COUNCIL CONSIDERATION The council was briefed on the CMMS replacement software earlier in this meeting and on July 12, 2011. r 3 Fiscal Impact Cost: $409,450 Budgeted (yes or no): Partial Where Budgeted (department /program): Multiple Funds Additional Fiscal Notes: Implementation will take approximately 18 months, so this project will span two fiscal years. The total project cost is $409,450, with $260,000 budgeted across five funds in fiscal year 2011 -2012. The remaining project costs will be included in the fiscal year 2012 -2013 proposed budget. Annual software maintenance costs will be $31,000. AIS -661 Item #: 4. Business Meeting Date: 12/20/2011 Length (in minutes): 40 Minutes Agenda Title: Joint Meeting of the City Council and the Tree Board Submitted By: Cheryl Caines Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Joint Meeting -Board or Other Juris. Meeting - Main ISSUE This is a joint meeting with the Tree Board. The Tree Board will update City Council on the progress of accomplishing their goals for 2011 and look at setting goals for 2012. The meeting will also allow both bodies to ask questions of and provide information to one another. STAFF RECOMMENDATION / ACTION REQUEST Receive information about progress on 2011 Tree Board goals, provide direction on the Urban Forestry funding discussion to be completed in January 2012 and give feedback on proposed 2012 goals. KEY FACTS AND INFORMATION SUMMARY The Tree Board would like to review progress on their 2011 goals and propose 2012 goals for Council's consideration during their joint meeting on December 20, 2011. The Tree Board's two main purposes are to develop and administer a comprehensive tree management program for trees on public property (Resolution 01 -02); and, in the interim, to develop a comprehensive citywide tree stewardship and urban forest enhancement program (Resolution 07 -30). 2011 Tree Board Goals Update 1. Update Council on the Implementation of the Urban Forestry Master Plan; As in previous years, implementations of the Urban Forestry Master Plan goals are specific to the Urban Forestry Code Revision project. Staff has given the Tree Board project updates and discussed the Urban Forestry Code Revisions at their regular meetings. In addition, the Tree Board continued to provide members as representatives for the Urban Forestry Code Revisions Citizen Advisory Committee to advise staff. Progress on the Urban Forestry Master Plan goals appears to be on track. 2. Develop a Funding Proposal for a Sustainable Tree and Urban Forest Enhancement Program; The Tree Board has had several discussions on funding a sustainable Urban Forestry Program and will present findings and recommendations at the March 20, 2012 City Council workshop meeting. Funding of Urban Forestry activities is a complicated issue because activities involve staff from different city departments and are funded by several sources. To ensure the recommendations presented to City Council in March will be helpful in upcoming funding discussions, the Board would like to know what sort of information City Council is seeking. For example, is City Council asking the Tree Board for general information that includes activities lacking funding, priorities for funding and suggestions on funding sources or a more formal plan that outlines how to fund Urban Forestry activities in the short and long term? 3. Develop a New Tree Board Charge Statement for Council Adoption following Adoption of the Urban Forestry Code Revisions. The Recommended Charge Shall Retain the Tree Board's Primary Function of Advising Council on Urban Forestry Issues, While Possibly Expanding Their Advisory Role to Other Natural Resource Issues; and The Tree Board has begun discussions on a new Charge Statement. The Board understands that after adoption of a new Urban Forestry Code in 2012 the number of issues needing advisement will likely decrease. There has been some discussion on expanding the Board's role to also include other natural resource issues; however, the members are concerned that tree specific issues will get lost in the process. Discussions will continue into 2012. 4. Develop an Education and Outreach Function. The Tree Board was granted a budget of $750 and would like to utilize this for education and outreach. The city's Community Development Department will be implementing Urban Forestry Master Plan outreach goals in 2012 to coincide with the adoption of the revised code. Coordination of efforts may be possible. The Tree Board has not developed an education and outreach plan at this time, but will focus more on the topic after the Urban Forestry funding discussions are complete. 2012 Tree Board Goals The Tree Board is proposing to maintain the same goals for 2012 for several reasons. Due to the board member and staff involvement in the Urban Forestry Code Revision project, the Board currently only meets every other month. The 2011 goals were not adopted until March 23rd, so the Board has not had a full year to complete the work program. Many of the goals from 2011 were long term goals that would not be complete until 2012; therefore no new goals have been proposed at this time. The table below shows estimated completion dates for major Tree Board tasks. Task I Estimated Completion Urban Forestry Funding Discussion 1st Quarter 2012 Adoption of Urban Forestry Code 2nd Quarter 2012 Finalize New Tree Board Charge Statement 3rd Quarter 2012 Update Council on the Urban Forestry Master Plan On -going Education and Outreach On -going OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal 1b is to update the Tree Code and this is scheduled for completion in the 2nd quarter of 2012. DATES OF PREVIOUS COUNCIL CONSIDERATION The last joint meeting with the Tree Board was December 21, 2010 where the Board updated City Council on the progress of 2010 goals and requested feedback on goalsf for 2011. AIS -710 Item #: 5. Business Meeting Date: 12/20/2011 Length (in minutes): 20 Minutes Agenda Title: Hold a Public Hearing to Consider a Resolution of Necessity to Acquire Property for the Lake Oswego - Tigard Water Partnership Prepared For: Rob Murchison Submitted By: Greer Gaston Public Works Item Type: Resolution Meeting Type: Council Business Public Hearing - Informational Meeting - Main ISSUE Shall the council hold a public hearing to consider a resolution of necessity to acquire property for the Lake Oswego - Tigard Water Partnership? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council holds the public hearing and adopts the resolution. KEY FACTS AND INFORMATION SUMMARY The City of Tigard provides water to 58,000 customers who reside in the Tigard Water Service Area. Since 2008 the cities of Tigard and Lake Oswego have been working together to develop a new water system that will meet both communities' future water needs. The new water system necessitates the construction of several capital improvement projects, including a pump station. The pump station will move water, via Tigard's distribution system, to customers and to several storage facilities. City staff and consultants for the partnership evaluated several locations for the new pump station. Ultimately, a vacant, 1.8 -acre parcel located on Milton Court was determined to be the best site. A map of the property is attached. This property was selected because it: • Is located in close proximity to emergency interties and existing water transmission pipelines within Bonita Road. • Enables the city to distribute water to customers in the 410- and 470 -foot zones and transmit water directly to several reservoirs. • Allows the city to maintain water quality standards throughout the system and when transitioning from Portland to Lake Oswego water. • Involves the least private injury. The lot is vacant; there are no improvements that would need to be removed or that present an obstacle to construction. This resolution of necessity declares the need to acquire property for the purpose of constructing the pump station and authorizes condemnation should negotiations to purchase the property fail. Assuming the council adopts the resolution of necessity, the city will enter into negotiations with the property owner to buy the property at the appraised value. (An appraisal is currently underway.) Depending upon these negotiations, staff will return to the council to obtain approval to either purchase the property at the appraised value or to proceed with the condemnation suit. OTHER ALTERNATIVES The council could choose not to adopt the resolution and could give staff direction on how to proceed with the location of the new pump station. However, such a decision may impact the pump station design and the water partnership project schedule. Alternative sites are likely to cost more and involve greater private injury. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal No. 5 — "Continue Coordination with Lake Oswego on Water Partnership." DATES OF PREVIOUS COUNCIL CONSIDERATION The council was briefed on this topic in an executive session on real property transactions on October 25, 2011. Fiscal Impact Cost: Unknown * Budgeted (yes or no): Yes Where Budgeted (department/program): Water Fund in the Capital Improvement Plan Additional Fiscal Notes: The Capital Improvement Plan includes $8,238,000 in fiscal year 2011 -2012 for the Lake Oswego- Tigard Water Partnership. This dollar amount will be sufficient to purchase the property and fund Tigard's share of other water partnership projects in fiscal year 2011 -2012. * An appraisal of the property is underway. Attachments Resolution Aerial Site Selection Vicinity Map AGENDA ITEM No. 5 Date: December 20, 2011 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: INFORMATIONAL PUBLIC HEARING: CONSIDER A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR THE LAKE OSWEGO - TIGARD WATER PARTNERSHIP This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints There is a Five - minute Time Limit on Testimony I /Adm /Cathy /CCSignup /Info PH Resolution of Necessity AGENDA ITEM No. 5 December 20, 2011 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. II im TIGARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the CCDA Executive Session on December 20, 2011 STATE OF OREGON) County of Washington) ss. City of Tigard ) l I, DOn h k. /- L/ , 4 -/t VI , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in > Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notice being hereto attached and by reference made a part hereof, on the /S day of /It c,&r , 2011. Signature of Person who erformed 1 o. fication Subscribed and sworn (or affirmed) before me this / day of '-'-19 GL.. 1-•'• -• 1. , 2011. C' 4A- il 0. CO if cc=t( d _ Signature of Notary Public for Oregon f;+t., OFFICIAL SEAL • it); �-'y CATHERINE D WHEATLEY NOTARY PUBL(C - OREGON ®;; COMMISSION NO. 459116 MY COMMISSION EXPIRES AUGUST 04, 2015 TIGARD TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION ON DECEMBER 20, 2011 Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on DECEMBER 20 2011 Held in Red Rock Creek Conference Room after the Council Business Meeting (9:00 p.m. estimated time) • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) to discuss real property transactions. 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. Please forward to: ❑ Sally Ho, The Oregonian (sho @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times(gpursinger @commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 - 0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503- 718 -2419. - -(Sa 4- Deputy City Recor -_ Date: December 15. 2011 Post: Tigard City Hall Tigard Permit Center Tigard Public Library 4 U TIGARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the CCDA Executive Session on December 20, 2011 STATE OF OREGON) County of Washington) ss. City of Tigard ) I, ( IZ 0 L A . K to 6E7\ being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : J" Newsroom, Tigard Times and the following people /organizations by e -mail: Sally Ho, The Oregonian (sho @oregonian.com) C--- Editor, The Regal Courier (Editor@t 0 Geoff Pursinger, Tigard Times( gpursinger acommnewspapers.com) A cop of said Notice being hereto attached and by reference made a part hereof, on the, day of 15 , 2011. ` Q, A Signature of Person who Perform d Notification f �- ''`�� Subscribed and sworn (or affirmed) before me this 13 day of �C.,.C!((' 01.1 Z , 2011. 7 Signature of Notary Public for Oregon 40 f47,. OFFICIAL SEAL �.�� k 1. CATHERINE 0 WHEATLEY �°;t'� PUBLIC N COMMISSION NO MY COMMISSION EXPIRES AUGUST 04, 2015 I • 11 TIGARD TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION ON DECEMBER 20, 2011 Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on DECEMBER 20 2011 Held in Red Rock Creek Conference Room after the Council Business Meeting (9:00 p.m. estimated time) • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) to discuss real property transactions. 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. Please forward to: ❑ Sally Ho, The Oregonian (sho @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times (gpursinger @commnewspapers.corn) ❑ Newsroom, The Times (Fax No. 503 - 546 - 0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Kruger by calling 503- 718 -2419. 7 Deputy City Record Date: December 15, 2011 Post: Tigard City Hall Tigard Permit Center Tigard Public Library ** Transmit Confirmation Report ** P.1 Dec 15 2011 10:18am D.S. S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 15,10:18am 0'30" 1 * 0 K 1111 " x_ —._- TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION ON DECEMBER 20, 2011 Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on DECEMBER 20, 2011 Held in Red Rock Creek Conference Room after the Council Business Meeting (9:00 p.m. estimated time) • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) to discuss real property transactions. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media ate 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 dosed to the public. Please forward to: Cl Sally Ho, The Oregonian (sho(goregonian.com) ❑ Editor, The Regal Courier (Editor@thetegalcourier.com) o Geoff Pursinger, Tigard Times( gliursinger@commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503- 546 - 07244) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occs.int atly to address issues related to urban renewal The CCDA, Functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Kragex by calling 503 - 718 -2419. Deputy City Record Date: December 15. 2011 Post Tigard City Hall Tigard Permit Center Tigard Public Library TIGARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the CCDA Executive Session on December 13, 2011 STATE OF OREGON) County of Washington) ss. City of Tigard ) / � I, C �n 0? i` T IC , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : Newsroom, Tigard Times and the following people /organizations by e -mail: ❑ Sally Ho, The Oregonian (sho@oregonian.com) ❑ Listings, The Oregonian (Listings @oregonian.com) ❑ Editor, The Regal Courier (Editor@theregalcourier.com) ❑ Geoff Pursinger, Tigard Times (gpursinger@commnewspapers.com) A cop of said Notice being hereto attached and by reference made a part hereof, on the (D day of 2011. �4 pa Signature o erson who Performed Notificati Subscribed and sworn (or affirmed) before me this day ofT 4, tv J, 2011. C A 114 \- 6 t4;1-4 0, (.0J eqe_O-L4 OFFICIAL SEAL Signature of Notary Oregon for Ore on n '^ OT NOTARY UBLI W_ OREGON ®•;;1 COMMISSION NO. 459116 MY COMMISSION EXPIRES AUGUST 04, 2015 II III TIGARD TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION ON DECEMBER 13, 2011 Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on DECEMBER 13 2011 Held in Red Rock Creek Conference Room- 6:30p.m. • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) to discuss real property transactions. 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. Please forward to: ❑ Sally Ho, The Oregonian (sho @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times (gpursinger@commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503- 718 -2419. j l f & 1 /llr Deputy City Recorder" Date: December 6. 2011 Post: Tigard City Hall Tigard Permit Center Tigard Public Library ** Transmit Confirmation Report ** P.1 Dec 6 2011 02:51pm D.S.S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 06,02:50pm 0'30" 1 * 0 K "116.AR0 • TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY,(CCDA) • EXECUTIVE SESSION ON DECEMBER 13, 2011 Red Rock Creek Conference Room • 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on DECEMBER 13,. 2011 • Held in Red Rock Creek Conference Room- 6:30p.m. • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) to discuss real property transactions. 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. • Please forward to o Sally Ho, The Oregotoian (sho@oregonian.com) ❑ Editor, The. Regal Gautier (Editor theregalcouriet.com) ❑ Geoff Pu>:singet; Tigard Tunes( gpursingec @cotoronewspapers.cota) • a Newsroom, The Times (Fax No. 503 -546 -0724) The CODA was reactivated by Resohition 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and posstlly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503- 718 -2419. y Deputy City Record Date; DeceLnber 6.2Q11 Post Tigard City Hall Tigard Petmit Centex Tigard Public Library Carol Krager From: Carol Krager Sent: Tuesday, December 06, 2011 3:12 PM To: sho @oregonian.com; gpursinger @commnewspapers.com; Editor @theregalcourier.com; listings @oregonian.com Cc: Webteam; Cathy Wheatley; Doreen Laughlin; Sean Farrelly Subject: Notice of CCDA Executive Session Attachments: December 13, 2011 CCDA.pdf Attached is a notice of a City Center Development Agency executive session scheduled for December 13, 2011. Please call if you have any questions. Thank you. Carol Krager Deputy City Recorder City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718 -2419 carolk @ tgard- or.Rov 1 IR i IN .. TIGARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the CCDA Executive Session on December 13, 2011 STATE OF OREGON) County of Washington) ss. City 'and ) I, ) 0 K ( f L■) f 1 C vi , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notice being hereto attached and by reference made a part hereof, on the ) day of <c_ A_,t,e 2011. • Signature of Person who Performed Notification th, Subscribed and sworn (or affirmed) before me this day of C , b , 2011. Signature of Notary Public for Oregon OFFICIAL SEAL if ts; °41.2' % CATHERINE D WHEATLEY NOTARY PUBLIC - OREGON ∎ ,,,. COMMISSION NO. 459116 MY COMMISSION EXPIRES AUGUST 04, 2015 q Q TIGARD TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION ON DECEMBER 13, 2011 Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) EXECUTIVE SESSION on DECEMBER 13 2011 Held in Red Rock Creek Conference Room- 6:30p.m. • Not Open to the Public An Executive Session is called under ORS 192.660 (2) (e) to discuss real property transactions. 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. Please forward to: ❑ Sally Ho, The Oregonian (sho @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times (gpursinger @commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503- 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503 - 718 -2419. 1 6 ,4 pier t)' Deputy City Recorde Date: December 6. 2011 Post: Tigard City Hall Tigard Permit Center Tigard Public Library