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City Council Packet - 12/08/2009 (2) 41 TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING December 8, 2009 COUNCIL MEETING WILL BE TELEVISED I: \Ofs \Donna \Ccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov City of Tigard TIGARD Tigard Business Meeting = Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) � MEETING DATE: December 8, 2009 MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead - time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL /LCRB AGENDA — December 8, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov I Page 1 of5 . City of Tigard / Tigard Business Meeting = Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: December 8, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (i) to review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment - related performance of the chief executive officer, a public officer, employee or staff member. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media may attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking final action or making a final decision. Executive Sessions are closed to the public. STUDY SESSION • Discuss Tigard Municipal Code Amendments reflecting Senate Bill 915 requirements for Civil Penalties for Building Code Violations — Community Development Department • Review Administrative Items 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non - Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Taylor Friesen • Tigard Chamber of Commerce Chief Executive Officer Debi Mollahan • Citizen Communication — Sign Up Sheet • Follow -up to Previous Citizen Communication TIGARD CITY COUNCIL /LCRB AGENDA — December 8, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 2 of5 7:45 PM 3. PROCLAMATION — PROCLAIM DECEMBER 7 -13 TO BE HUMAN RIGHTS WEEK, and PROCLAIM DECEMBER 10, 2009 AS HUMAN RIGHTS DAY • Mayor Dirksen 7:50 PM 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve City Council Minutes for September 22 and October 20, 2009 4.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Canvass of Votes for City of Tigard Measure 34 -166, Bond Issue to Preserve Natural Areas, and Develop Parks and Trails — November 3, 2009 4.3 Approve Resolution of Necessity for the Greenburg Road /Highway 99W /Main Street Intersection Improvement Project — Resolution No. 09 -72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING THE GREENBURG ROAD /HIGHWAY 99W /MAIN STREET INTERSECTION IMPROVEMENTS IN THE CITY OF TIGARD 4.4 Appoint Members to the City Center Advisory Commission — Resolution No. 09 -73 — A RESOLUTION REAPPOINTING ALEXANDER CRAGHEAD, RALPH HUGHES, AND PETER LOUW AS VOTING MEMBERS TO THE CITY CENTER ADVISORY COMMISSION, RE- APPOINTING LINLI PAO AS AN ALTERNATE, AND APPOINTING PHILIP THORNBURG AS AN ALTERNATE. 4.5 Appoint Members to the Planning Commission — Resolution No. 09 -74 — A RESOLUTION APPOINTING TIMOTHY L. GASCHKE, AND REAPPOINTING TOM ANDERSON AND DAVID WALSH AS VOTING MEMBERS TO THE PLANNING COMMISSION, AND APPOINTING RICHARD SHAVEY AND DONALD SCHMIDT AS ALTERNATES TO THE PLANNING COMMISSION 4.6 Appoint Members to the Budget Committee — Resolution No. 09 -75 - A RESOLUTION APPOINTING DENA STRUCK AND DAN GOODRICH TO THE BUDGET COMMTITEE AND APPOINTING MONA MOGHIMIAN AS AN ALTERNATE MEMBER 7:55 PM 5. UPDATE ON THE BURNHAM STREET IMPROVEMENT PROJECT • Staff Report: Public Works Department TIGARD CITY COUNCIL /LCRB AGENDA — December 8, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard - or.gov I Page 3 of5 8:05 PM 6. LEGISLATIVE PUBLIC HEARING — REVISED STREET MAINTENANCE FEE a. Open Public Hearing b. Review Hearing Procedures: City Attorney c. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. d. Staff Report: Finance & Information Services Department e. Public Testimony — Time Limit — Five mins. per speaker Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Resolution No. 09 -76 — A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A LONG -TERM AVERAGE PAVEMENT CONDITION INDEX (PCI) GOAL FOR CITY STREETS, Ordinance No. 09 -14 - AN ORDINANCE AMENDING CHAPTER 15.20 OF THE TIGARD MUNICIPAL CODE, WHICH ESTABLISHED A STREET MAINTENANCE FEE TO PROVIDE A FUNDING SOURCE FOR MAINTENANCE OF CITY STREETS, And Resolution No. 09- 77 - A RESOLUTION TO AMEND THE PORTION OF THE MASTER FEES AND CHARGES SCHEDULE PERTAINING TO THE STREET MAINTENANCE FEE AS ADOPTED UNDER RESOLUTION NO. 09-44 9:05 PM 7. PUBLIC HEARING — CONSIDER AN ORDINANCE WITHDRAWING PROPERTY FROM TUALATIN VALLEY WATER DISTRICT (TVWD) a. Open Public Hearing b. Review Hearing Procedures: City Attorney c. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. d. Staff Report: Public Works Department e. Public Testimony — Time Limit — Five mins. per speaker Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 09 -15 9:15 PM 8. PROVIDE UPDATE ON FEBRUARY, 2010 SPECIAL LEGISLATIVE SESSION • Staff Report: Administration Department • Council Discussion TIGARD CITY COUNCIL /LCRB AGENDA — December 8, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov I Page 4 of5 I F 9:25 PM 9. CONSIDER TIGARD MUNICIPAL CODE AMENDMENTS REFLECTING SENATE BILL 915 REQUIREMENTS FOR CIVIL PENALTIES FOR BUILDING CODE VIOLATIONS • Staff Report: Community Development Department • Council Consideration of Ordinance No. 09 -16 10. COUNCIL LIAISON REPORTS 11. NON - AGENDA ITEMS 9:30 PM 12. ADJOURNMENT I: ADM \CATHY \CCA \2009 \0912080business.doc TIGARD CITY COUNCIL /LCRB AGENDA — December 8, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard- or.gov I Page 5 of5 City ofTigard a Study Session — Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: December 8, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (i) the performance evaluation of the chief executive officer pursuant to standards, criteria, and policy directives adopted by the governing body. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • City Attorney Review • STUDY SESSION • Discuss Tigard Municipal Code Amendments reflecting Senate Bill 915 requirement for Civil Penalties for Building Code Violations — Community Development Department. (Attached) • Information for Tonight's Business Agenda: • Consent Agenda Item 4.7 — Staff has determined it to be premature and has pulled this item off of the agenda. • Additional public comment was received after the September Workshop meeting or Agenda Item 6 — Public Hearing — Revised Street Maintenance Fee (Attached) • Administrative Items: • December 22, 2009 Goal Setting Meeting is at Fanno Creek House, 1 -5 p.m. — Where do you want to go for dinner afterwards? • Workshop Meeting logistics will be changing as requested by Mayor Dirksen. • January 11, 2010 Joint Meeting with Lake Oswego City Council will be held at the West End Building, 4101 Kruse Way, Lake Oswego, Santiam Room - Dinner at 6:00 p.m. - Meeting at 7:00 p.m. , • There is an Inter -faith Mayor's Luncheon on Thursday, February 18, 2010 from 11:30 a.m. -1:00 p.m. at PCC Rock Creek Event Center. Mayor Dirksen cannot attend. Is anyone else available? TIGARD CITY COUNCIL STUDY SESSION AGENDA — December 8, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I Page 1 Executive Session — The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records — to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192 -660 (2) (g) - Trade negotiations — involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel — for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment- related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments — to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1) Relates to State Landscape Architect Board. 192660 (2) (m)- Relates to the review and approval of programs relating to security. I: \ADM \Cathy \CCA SS - Pink Sheet\ 2009 /090310.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA — December 8, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard - or.gov I Page 2 A Agenda Item No. i Meeting of MEMORANDUM TIGARD TO: Mayor Craig Dirksen and Members of Tigard City Council FROM: Mark VanDomelen, Building Official RE: REQUIREMENTS OF SENATE BILL 915 (SB915) FOR CIVIL PENALTIES FOR BUILDING CODE VIOLATIONS DATE: November 24, 2009 New legislation, effective January 1, 2010, requires an administrative, rather than judicial, process to challenge civil penalties for building code violations. At the December 8th Business Meeting, Council will be asked to adopt an ordinance to amend the Tigard Municipal Code (TMC), aligning it with the new legislative requirements. The City Attorney's office has drafted the ordinance to amend the TMC and has worked with the League of Oregon Cities to achieve consistency in the way the new process will be administered throughout the state. The ordinance will establish the administrative process and limit the amount of civil penalty assessed to the amount authorized under ORS 455.895 for an equivalent specialty code violation. The ordinance has an emergency clause because the required January 1 effective date is less than 30 days from the anticipated adoption date. There are no direct costs associated with this recommendation. Any additional staff time required for this new administrative process will be covered by currently budgeted staff. cc: Craig Prosser, City Manager Ron Bunch, Community Development Director j 75th OREGON LEGISLATIVE ASSEMBLY - -2009 Regular Session Enrolled Senate Bill 915 Sponsored by Senator MORSE CHAPTER AN ACT Relating to the regulation of structures. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 455. SECTION 2. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern. (2) If a municipality administers a building inspection program under ORS 455.148 or 455.150, a monetary penalty assessed under the program for a violation must be assessed as a civil penalty. This subsection does not prohibit a municipality from charging a violator an increased permit fee or investigative fee, seeking injunctive relief from a violation or taking any enforcement action that does not include a monetary penalty. This subsection does not limit the terms or conditions of any voluntary agreement for the resolution of a violation. (3) A municipality may not assess a civil penalty for a violation under a building in- spection program unless the municipality provides to the party that is subject to the civil penalty: (a) Notice that: (A) Describes the alleged violation, including any relevant code provision numbers, ordi- nance numbers or other identifying references; (B) States that the municipality intends to assess a civil penalty for the violation and states the amount of the civil penalty; (C) States that the party may challenge the assessment of a civil penalty and (D) Describes the means and the deadline for informing the municipality that the party is challenging the assessment of the civil penalty; and (b) A municipal administrative process other than a judicial proceeding in a court of law, that affords the party an opportunity to challenge the civil penalty assessment before an individual, department or body that is other than the municipality's building inspector or building official. (4) If the municipality assesses a civil penalty for a violation under a building inspection program, the amount of the civil penalty assessed for the violation may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895. (5) The costs incurred by a municipality in providing notice and administrative process under this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. Enrolled Senate Bill 915 (SB 915 -A) Page 1 SECTION 3. Section 2 of this 2009 Act applies to a civil penalty assessed on or after the effective date of this 2009 Act for a violation occurring before, on or after the effective date of this 2009 Act. Passed by Senate May 4, 2009 Received by Governor: M., , 2009 Secretary of Senate Approved: M., , 2009 President of Senate Passed by House June 2, 2009 Governor Filed in Office of Secretary of State: Speaker of House M'' 2009 Secretary of State Enrolled Senate Bill 915 (SB 915 -A) Page 2 Agenda Item No. % .2- Q For Agenda of December 8, 2009 I1 MEMORANDUM TIGARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: December 1, 2009 Regularly scheduled Council meetings are marked with an asterisk ( *). December 8* Tuesday Council Business Meeting — 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting -- 6:30 pm, Town Hall 22* Tuesday Council Goal Setting Meeting — 1 -5 pm, Fanno Creek House 25 Friday Christmas Holiday, City Hall Closed January 1 Friday New Years Day Holiday — City Hall Closed 11 Monday Joint Meeting with Lake Oswego, 6 p.m., Lake Oswego City Hall 12* Tuesday Council Business Meeting — 6:30 pm, Town Hall 18 Monday Dr. Martin Luther King, Jr. Day Holiday, City Hall Closed 19* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 26* Tuesday Council Business Meeting — 6:30 pm, Town Hall February 9* Tuesday Council Business Meeting — 6:30 pm, Town Hall 15 Monday Presidents Day — City Hall Closed 16* Tuesday Council Workshop Meeting -- 6:30 pm, Town Hall 23* Tuesday Council Goal Setting Meeting — 1 -5 pm, Fanno Creek House I: \ADM \City Council \Council Calendar \3 -month calendar fo 091208 cc mtg.doc tOe(i a,74if— acs 4(7 c /? r Tigard High Leadership - e iL 9000 SW Durham Rd. • Tigard • Oregon • 97224 CDJ ) ' /i.rer/P (503) 431 -5518 Tigard City Council: December 8, 2009 Student Envoy: Taylor Friesen I. Academics a. The last day of school for this year is December 18 with classes resuming on January 4 II. Athletics a. Boys basketball is playing Aloha High School at Aloha this Friday, December 11 Freshmen will play at 4 PM, JV at 5:45, and Varsity at 7:30. b. Girls basketball is playing Grant High School at home this week as well. Games will start at 5:45 PM for freshmen (small gym) and JV (big gym,) while varsity will start at 7:15 in the big gym. c. The wresting team will be away at Beaverton High School Thursday night starting at 6 PM for JV and 7:30 for Varsity. d. Swimming will compete against Sunset High School at home on Thursday starting at 4:00 PM. III. Arts a. The winter choir concert is tomorrow night at 7:30 in the Auditorium. b. The orchestra concert is next Tuesday, December 15 from 7 to 9 PM in the Auditorium. c. The band concert is next Thursday, December 17 from 7:30 to 9 PM. IV. Activities a. The Winter Formal "Yule Ball" is this coming Saturday, December 12 from 8 to 11 PM. b. Winter Court presentations were yesterday. Taylor Friesen and Hannah Olson were crowned King and Queen, respectively. c. Both blanket and teddy bear drives have started and will continue until the end of next week. d. Leadership has begun a new, more service- focused direction and plans to start new activities in the coming year. Agenda Item No. �, a ' 6 Tigard City Council Tentative Agenda 2009 Meeting of SOU 9 Meeting Date: December 8, 2009 Meeting Date: December 15, 2009 Meeting Date: December 22, 2009 Meeting Type/Time: Business/ 6:30 p.m. Meeting Type/Time: Workshop& CCDA/6:30 p.m. Meeting Type/Time: Goal Setting /1 -5 p.m. Location: City Hall Location: City Hall Location: Fanno Creek House Request to Sched. Due October 27, 2009 Request to Sched. Due November 3, 2009 Request to Sched. Due November 10, 2009 Materials Due @ 5: November 24, 2009 Materials Due @ 5: December 1, 2009 Materials Due @ 5: December 8, 2009 Study Session - Time Sched. 45 min. - 0 Avail. Workshop City Attorney Review - Admin. SI - 30 min. Joint CCDA/CCAC Meeting to hear Presentation Discuss micArnendments reflecting SB 915 Req. from City of Albany's Urban Renewal ManaoF for Civil Penalties for Building Code Violations - Sean - 60 min. - PPT Susan /Mark - 15 min. Update the Budget Committee on the City's Consent Agenda YTD Financial Picture - PPT - Toby 30 min Appoint CCAC Members - Sean - RES CCDA: Update CCDA Budget Committee on the Appoint Planning Comm. Members - Dick - RES City's YTD Financial Picture - PPT - Toby Appoint Budget Committee Members - Toby - RES Briefing #4 on Tigard Transportation System Pfau Res. Of Necessity for Greenburg /99W/Main St. Inter- Update - Darren - 30 min. section Imp. Project - Gus - RES Second Workshop on Downtown Code Rec. & File - Canvass of Votes -Nov. Election - Cathy Amendments - Sean - 35 min. Support Ltr. of Intent to Metro for Grant -Duane Business Meeting Goal Setting Meeting THS Student Envoy Tigard Chamber of Commerce Rep. Proclamation - Human Rights Week and Day -5 min. Formalize City's Legislative Priorities for 2010 Session - Kent W. & Liz N. - 10 min. PH - Withdrawal of Territory from Tualatin Valley Water District - Correcting Legal Title and Not Impacting Existing Service Boundaries - Dennis - 10 min, - ORD Consider TMC Amendments reflecting Senate Bill 915 Requirements for Civil Penalties for Building Code Violations - Susan /Mark - 10 min Time Avail: 110 min. - Time Scheduled: 110 min. Time Avail: 180 min. - Time Scheduled: 165 min. Time Avail: 110 min. - Time Scheduled: 0 min. Time Left: 0 min. Time Left: 15 min. Time Left: 110 min. Page 1 of 7 Color Key: Admin -Green CD - HR - Magenta Finance /IT - Orange Library - Aqua Police - Blue Risk - Purple PW - Brown CG = Council Goal 12/1/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: January 11, 2010 Meeting Date: January 12, 2010 Meeting Date: January 19, 2010 Meeting Type/Time: Joint with LO/TBA Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: West End Bldg. @Kruse Location: City Hall Location: City Hall Request to Sched. Due December 1, 2009 Request to Sched. Due December 8, 2009 Materials Due @ 5: December 29, 2009 Materials Due @ 5: January 5, 2010 Joint Meeting Study Session - Time Sched. 45 min. - 0 Avail. Workshop Meeting Dinner Hour Speaker Preview Planning Comm's Ideas for Disc. Topics Joint Meeting with CCl - Marissa - 30 min. Water Project at 1/19 Joint Mtng. On Tree Code -John & Susan -15 Joint Meeting with Planning Commission re Discuss Local Contract Review Board Policies Tree Code Amendments - Susan & John - & Procedures - Toby L. & Tim R. - 20 min 00 min. Exec. Session - Real Property Neg. - Sean -10 min. Briefing on Downtown Code Amendments - Consent Agenda -Sean -15 min LCRB - Award 550' Zone Improvements - 10 MG Review Downtown Circulation Plan Report - Sean - Trans. Pump Station Construction Contract - 45 min. Dennis island Annexations Initiative: Outreach & Incentive LCRB -Award Street Sweeping Svcs. Contract - Plans, Schedule and Resolution - Gary - 30 min: Dennis Approve TTSD IGA for Safe Schools Grant- Jim Joint Meeting w /Lake Oswego City Counc Business Meeting THS Student Envoy Chamber of Commerce Rep. State of the City Address - Mayor Dirksen - 25 min. Burnham Street Project Briefing - Kim -10 min. Periodic Review Update - Darren -15 min. PH - Supplemental Budget Approp. Amending FY 09 -10 Budget - 15 min - Toby & Carissa -RES Approve Cable Franchise Transfer Agreement fror Verizon to Frontier - Louis S. & Councilor Henderson - 15 min. w/ presentation by Bruce Crest Time Avail: 110 min. - Time Scheduled: 80 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Left: 30 min. Time Left 0 min. Page 2 of 7 12/2/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: January 11, 2010 Meeting Date: January 12, 2010 Meeting Date: January 19, 2010 Meeting Type/Time: Joint with LO/TBA Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: West End Bldg. @Kruse Way Location: City Hall Location: City Hall Request to Sched. Due December 1, 2009 Request to Sched. Due December 8, 2009 Materials Due @ 5: December 29, 2009 Materials Due @ 5: January 5, 2010 Joint Meeting Study Session - Time Sched. 45 min. - 0 Avail. Workshop Meeting Dinner Hour Speaker Council Briefing to Prepare for Joint Meeting with Joint Meeting with CCI - Marissa - 30 min. Water Project Planning Commission - John & Susan -15 min,. Joint Meeting with Planning Commission re Discuss Local Contract Review Board Policies Tree Code Amendments - Susan & John - & Procedures - Toby L. & Tim R. - 20 min 80 min. Exec. Session - Real Property Negotiations - Briefing on Downtown Code Amendments - Sean -10 min. - Sean -15 min, Consent Agenda Review Downtown Circulation Plan Report - Sean - LCRB-Award 550' Zone Improvements -10 MG 45 min. Trans. Pump Station Construction Contract - Island Annexations Initiative: Outreach & Incentive Dennis Plans, Schedule and Resolution Gary - 30 min. LCRB -Award Street Sweeping Svcs. Contract - Dennis Joint Meeting with Lake Oswego City Council Business Meeting THS Student Envoy Chamber of Commerce Rep. State of the City Address - Mayor Dirksen - 25 min. Burnham Street Project Briefing - Kim -10 min. Periodic Review Update - Darren -15 min. PH - Supplemental Budget Approp. Amending FY 09 -10 Budget - 15 min - Toby & Carissa-RES Approve Cable Franchise Transfer Agreement from Verizon to Frontier - Louis S. & Councilor Henderson - 15 min. w/ presentation by Bruce Crest Time Avail: 110 min. - Time Scheduled: 80 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Left: 30 min. Time Left: 0 min. Page 2 of 7 11/30/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: January 26, 2010 Meeting Date: February 9, 2010 Meeting Date: February 16, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Work/CCDA/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due December 15, 2009 Request to Sched. Due December 29, 2009 Request to Sched. Due January 5, 2010 Materials Due @ 5: January 12, 2010 Materials Due @ 5: January 26, 2010 Materials Due @ 5: February 2, 2010 Study Session - Time Sched. 30 min. - 15 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop Discussion of New Street Lighting Technologies - Joint Meeting With CCDA/CCAC to review Burnham Street Imp. Project - Kim - 15 min. CCAC Annual Report to CCDA - Sean Regional Transportation Planning Update - Mike & 80 min. Ron -15 min. Discuss Repeal of Title 18 Minimum Density Requirements - John - 30 min. Joint Meng With Planning Commission - Consent Agenda Consent Agenda 51 80 min. Review Options Amend TMC - Advertising Signs in Public Right of Way- Susan /Ron - 30 min. Business Meeting THS Student Envoy Business Meeting Chamber of Commerce Rep. Legis. PH - Consider Ordinance to Establish Down- Burnham Street Project Briefing - Kim -10 min. town Design Standards, Development Regulations Revise Tigard Municipal Code 7.74 regarding and Map Designations - Sean -PPT - 50 min. -ORD Emergency Operations - Mike Lueck - 25 min. Council Goal Update - Liz N. -15 min. - SI ORD Legis. PH - Consider PC Recommendation for Amending Devel. Code Allowing Seasonal Outdoor Markets - Gary P. & Ron B. - 25 - ORD Consider Resolution to Initiate Island Annexations Gary P. -15 min. - RES Time Avail: 110 min. - Time Scheduled: 65 min. Time Avail: 110 min. - Time Scheduled: 75 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Left: 45 min. Time Left: 35 min. Time Left: 0 min. Page 3 of 7 11/30/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: February 23, 2009 Meeting Date: March 9, 2010 Meeting Date: March 16, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: CCDA/ Workshop /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due January 12, 2009 Request to Sched. Due January 26, 2010 Request to Sched. Due February 2, 2010 Materials Due @ 5: February 9, 2009 Materials Due @ 5: February 23, 2010 Materials Due @ 5: March 2, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop Budget Committee Joint Meeting - Update on City's YTD Financial Picture -Toby - 30 min. CCDA Budget Committee - Update on Agency's YTD Financial Picture - - Toby - 10 min, Joint Meeting with Library Board - SI Consent Agenda Consent Agenda Margaret - 30 min. Business Meeting Business Meeting THS Student Envoy Chamber of Commerce Rep. Burnham Street Project Briefing - Kim -10 min. Consider and Adopt TMC Amendments to Specify the Removal and Disposal of Signs and Other Items Illegally Placed in the ROW and Establish Fees for Removal of Such Items Susan H. and Christine D. - 30 min. Time Avail: 110 min. - Time Scheduled: 0 min. Time Avail: 110 min. - Time Scheduled: 40 min. Time Avail: 180 min. - Time Scheduled: 70 Time Left: 110 min. Time Left: 70 min. Time Left: 110 min. Page 4 of 7 12/1/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: March 23, 2010 Meeting Date: April or May Meeting Date: April 12, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Joint with TTSD Meeting Type/Time: Budget Com./TBA Location: City Hall Location: TBA Location: TBA Request to Sched. Due February 9, 2010 Request to Sched. Due Request to Sched. Due Materials Due @ 5: March 9, 2010 Materials Due @ 5: Materials Due @ 5: Study Session - Time Sched. 0 min. - 45 Avail. Special Consent Agenda Joint Meeting with Tigard - Tualatin School Distric Budget Committee Meeting Annual Solid Waste Financial Report - Dennis -SI Tualatin - invite King City and Durham Business Meeting Legislative PH - Repeal of Title 18 Minimum Density Requirements - John - 30 min. Time Avail: 110 min. - Time Scheduled: 30 min. Time Left: 80 min. Page 5 of 7 11/30/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: April 13, 2010 Meeting Date: April 19, 2010 Meeting Date: April 20, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Budget Com./TBA Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: TBA Location: City Hall Request to Sched. Due March 2, 2010 Request to Sched. Due Request to Sched. Due March 9, 2010 Materials Due @ 5: March 30, 2010 Materials Due @ 5: Materials Due @ 5: April 6, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Workshop Briefing on Regional Transportation Plan - Mike & Ron - Needs RTS- 15 min. Consent Agenda Budget Committee Meeting Business Meeting THS Student Envoy Chamber of Commerce Rep. Burnham Street Project Briefing - Kim - min. Time Avail: 110 min. - Time Scheduled: 10 min. Time Avail: 180 min. - Time Scheduled: 15 min. Time Left: 100 min. Time Left: 165 min. Page 6 of 7 12/1/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: April 26, 2007 Meeting Date: April 27, 2010 Meeting Date: May 11, 2009 Meeting Type/Time: Budget Com./TBA Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Location: TBA Location: City Hall Location: City Hall Request to Sched. Due Request to Sched. Due March 16, 2010 Request to Sched. Due March 30, 2009 Materials Due @ 5: Materials Due @ 5: April 13, 2010 Materials Due @ 5: April 27, 2009 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Budget Committee Meeting Consent Agenda Consent Agenda Business Meeting Business Meeting THS Student Envoy Council Goal Update - Liz N. - SI - 15 min. Chamber of Commerce Rep. Citywide Sewer Extension Program Review - Ted - 20 min. Youth Advisory Council - Sheryl - SI Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 110 min. - Time Scheduled: 20 min. Time Left: 95 min. Time Left: 90 min. Page 7 of 7 11/30/2009 11 AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: December 8, 2009 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses 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: �� 15 CA-2 Also, please spell your n. - as it sounds, if it will 4 W- help the presiding offic • pronounce: Address ' J C/ �'° L City _ () ) State r. Zip ' ) Phone No. Name: 1 .L' i �� L ►■s.- Also please spell your n. • as it sounds, if it will help the presiding offic • . ronounce: 7✓•© Glet ktot (7 Address • 0 • t.) g ' City State Zip 9 7 L Z Phone No. Name: 14 • J 'L - - Q Also, please spell your n. • - as it sounds, if it will - ri / Gc Ct help the presiding offi r pronounce: J Address Z S S at as hl S- reel City T ' / #I v . State O, Zip 7 7 ?.Z Phone No. CITIZEN COMMUNICATION • Agenda Item # V 0 C.- Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Receive and File: Canvass of Votes for City of Tigard Measure 34 -166, Bond Issue to Preserve Natural Areas. and Develop Parks and Trails — November 3. 2009 (CG #3) Prepared By: Cathy Wheatley ept Head Approval: City Mgr Approval: V' ISSUE BEFORE THE COUNCIL Receive and file the official election results for the November 3, 2009, Ballot Measure 34 -166, Bond Issue to Preserve Natural Areas, and Develop Parks and Trails STAFF RECOMMENDATION N/A — Information only regarding the official results for the November 3, 2009 election. KEY FACTS AND INFORMATION SUMMARY • When the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is filed with the City Council to official "receive and file" the information. • As detailed in the attached Abstract of Votes, Measure 34-166 failed: Yes 4,201 47.24% No 4,691 52.76% • Voters registered in Tigard as of November 23, 2009, equaled 25,028 and based on this number the voter turnout for the November 3, 2009, election was about 36% OTHER ALTERNATIVES CONSIDERED N /A. CITY COUNCIL GOALS Goal #3: Prepare for 2010 Bond Measure for Parks, Open Spaces and Trails a. Complete Parks Master Plan b. Pursue Fanno Park and downtown plaza property acquisition ATTACHMENT LIST Washington County Elections Division Abstract of Votes. FISCAL NOTES The estimate was that this election would cost the City $35,000- 50,000, depending on how costs can be shared with other jurisdictions that also had measures on the ballot. Washington County has not yet billed the City for its share. I: \Citywide \Council Packets \Packet '09 \091208 \AIS - November 3 Election Results - Bond Measure.doc A WASHINGTON COUNTY OREGON November 18, 2009 City Recorder City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Enclosed you will find a copy of the Abstract of Votes for City of Tigard relating to the election held on November 3, 2009. In accordance with ORS 255.295, please canvass the votes and notify the Washington County Elections Division within thirty (30) days of receipt by signing and returning the bottom portion of this letter to: Washington County Elections Division 3700 SW Murray Blvd. Suite 101 Beaverton OR 97005 Thank you very much. Sincerely, ./# G Mickie Kawai Elections Manager MK/tk I have canvassed the votes for City of Tigard, relating to the election on November 3, 2009. By signing this canvass letter, I concur with the final results. _ „ / / - Q 3 - 0 9 AITHORIZING GNATU " DATE Department of Assessment & Taxation, Elections Division 3700 SW Murrray Blvd. Suite 101 Beaverton OR 97005 Phone: 503/846 -5800 Fax: 503/846 -5810 OFFICIAL Washington County . Special Election November 3, 2009 Run Date:11 /17/09 09:22 AM VOTES PERCENT VOTES PERCENT PRECINCTS COUNTED (OF 20) 20 100.00 34 -166 Tigard City GOB REGISTERED VOTERS - TOTAL 39,480 Vote For 1 BALLOTS CAST - TOTAL 13.641 Yes 4,201 47.24 BALLOTS CAST - BLANK 6 .04 No 4,691 52.76 VOTER TURNOUT - TOTAL 34.55 Over Votes 0 VOTER TURNOUT - BLANK .02 Under Votes 2 34 -169 Banks Charter Amendment Mayor Vote For 1 5-197 Vernonia School Dist #47J GOB Yes 195 82.63 Vote For 1 No 41 17.37 Yes 3 30.00 Over Votes 0 No 7 70.00 Under Votes 12 Over Votes 0 Under Votes 0 34 -170 Banks Charter Amend Council Positions Vote For 1 34 -167 Banks Fire Dist #13 LOL Yes 172 74.78 Vote For 1 No 58 25.22 Yes 893 71.73 Over Votes 0 No 352 28.27 Under Votes 18 Over Votes 0 Under Votes 2 34 -171 Banks Charter Amendment Recorder Vote For 1 Yes 167 73.25 No 61 26.75 Over Votes 0 Under Votes 20 OF CO MM/j, CP / � ;P 34-172 Banks Amendment Correct City Charter C O Q / / ., Vote For 1 ,� : ` Yes 202 85.59 No 34 14.41 9 '�,.V:, o z f1� .ri Over Votes 0 y �' , � c, Under Votes 12 Cj. + � �; " �� 4N GOUN1y' 34 - 173 King City Local Option Levy Vote For 1 Yes 685 59.57 CERTIFIED TO BE A TRUE AND No 465 40.43 CORRECT COPY OF THE ORIGINAL Over Votes 0 Nov. 1 ?, 0 F Under Votes 1 Date WASHINGTON COUNTY 34 -168 Sherwood Annexation EL.ECT� DIVISION Vote For 1 Er( ----«. Yes 1,866 1,866 79.51 No 481 20.49 Over Votes 0 Under Votes 2 NUMBERED KEY CANVASS RUN DATE:11 /17/09 09:18 AM REPORT -EL52 PAGE 0001 TOTAL PERCENT TOTAL PERCENT 01 = REGISTERED VOTERS - TOTAL 39,480 04 = VOTER TURNOUT - TOTAL 34.55 02 = BALLOTS CAST - TOTAL 13,641 05 = VOTER TURNOUT - BLANK .02 03 = BALLOTS CAST - BLANK 6 01 02 03 04 05 0301 301 1633 . 622 . . 1 ..... 06 0305 305 812 . 248 . . 0 ..... 00 0317317 4..3..0.....00 0326 326 852 . 374 . . 0 ..... 00 0400 400 2508 . 802 . . 0 ..... 00 0402 402 988 . 334 . . 0 ..... 00 0403 403 3677 1333 . . 1 ..... 03 0404 404 2459 . 874 . . 0 ..... 00 0405 405 3817 1399 . . 0 ..... 00 0406 406 2825 . 929 . . 1 ..... 04 0408 408 4353 1927 . . 0 ..... 00 0409 409 2336 . 684 . . 0 ..... 00 0413 413 522 . 150 . . 0 ..... 00 0416 416 1568 . 478 . . 0 ..... 00 0419 419 1583 1001 . . 1 ..... 06 0424 424 3802 1034 . . 2 ..... 05 0435 435 3435 . 889 . . 0 ..... 00 0454 454 463 . 132 . . 0 ..... 00 0455 455 12 . . 2 . . 0 ..... 00 0457 457 1831 . 426 . . 0 ..... 00 0 00 MM /s y2 clo "0,,,,,,wirre yeeeti ; ; o CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL Date . A)0,/, 1 o l WASHINGTON COUNTY ELECTION VISION BY ,,44e/ r�� 7 NUMBERED KEY CANVASS RUN DATE:11 /17/09 09:18 AM REPORT EL52 PAGE 0008 VOTES PERCENT VOTES PERCENT 34 -166 Tigard City GOB Vote For 1 01 = Yes 4,201 47.24 03 = OVER VOTES 0 02 = No 4,691 52.76 04 = UNDER VOTES 2 01 02 03 04 0400 400 398 404 0 0 0402 402 145 189 0 0 0403 403 557 775 0 1 0404 404 416 458 0 0 0405 405 688 711 0 0 0406 406 453 475 0 1 0408 408 901 1026 0 0 0409 409 347 337 0 0 0416 416 250 228 0 0 0454 454 46 86 0 0 0455 455 0 2 0 0 CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL Date A/0U. n , ,,2O0 WASHINGTON CO NTY ELECTIONS I SION • 8Y _/! li� Agenda Item # L ' 3 Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: Resolution of Necessity for the Greenburg Road /Highway 99W /Main Street Intersection Improvement Project (Long -Term Goals: Pursue Opportunities to Reduce Traffic Congestion in Tigard and Seek to Improve Hwy 99W Corridor) Prepared By: A. P. Due as Dept Head Okay City Mgr Okay Ceg ISSUE BEFORE THE COUNCIL Council will be requested to approve a Resolution of Necessity authorizing acquisition of property needed for the construction of improvements to the Greenburg Road /Highway 99W /Main Street intersection and approaches. STAFF RECOMMENDATION That Council pass the attached resolution. KEY FACTS AND INFORMATION SUMMARY • About 70,000 vehicles per day pass through the Greenburg Road /Highway 99W /Main Street intersection, along with many pedestrians, cyclists, and transit riders. This intersection, together with the neighboring intersection of 99W and Hall Blvd, creates a bottleneck for traffic flowing along Highway 99W through the Tigard area. • The Greenburg Road /Highway 99W /Main Street Intersection Improvement Project, which is intended to provide capacity and alleviate traffic congestion on Highway 99W and intersecting City streets, is at 90% design completion. It will be combined with Washington County's Hall Blvd /Highway 99W intersection improvements under one construction contract for construction in 2010. • Both Hall Blvd and Highway 99W are state facilities under the jurisdiction of the Oregon Department of Transportation (ODOT). Greenburg Road and Main Street are City streets under City jurisdiction. • The City will be acquiring right -of -way to accommodate the intersection improvements and will be transferring portions of that right -of -way along Highway 99W to ODOT for integration into the state highway system. • The attached Resolution of Necessity allows the land acquisition process to proceed in a timely manner. It authorizes the City, its agents, and its attorneys to take all action necessary to acquire the right -of -way needed for the project. • This resolution may be needed if satisfactory agreement cannot be reached and does include the exercise of eminent domain if absolutely necessary to avoid potentially costly delays in bid, award and timely construction of the project. • It is the same approach used in the acquisition of parcels needed for the Burnham Street Improvement Project. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS The Greenburg Road /Highway 99W /Main Street intersection improvement project supports the long -term Council goals to "Pursue opportunities to reduce traffic congestion in Tigard" and "Seek to improve Hwy 99W corridor." ATTACHMENT LIST 1. Proposed Resolution of Necessity authorizing the acquisition of right -of -way needed to accommodate the project improvements. 2. Exhibit A to the resolution describing the property to be acquired. FISCAL NOTES • The Greenburg Road /Highway 99W /Main Street intersection improvement project is funded through the City's local fuel tax. The total project estimate pending completion of the 90% design plans is approximately $5.2 million. • The Hall Blvd /Highway 99W intersection project is funded through the Countywide MSTIP in the amount of approximately $5.52 million with a maximum $750,000 contribution from Oregon Department of Transportation. • Both projects have been combined at the 90% design submittal to be advertised for bids as one construction project. The City total project estimate will be updated at the 90% design plans submittal. is \eng\gus \council agenda summaries \2009 \12 -08-09 resolution of necessity for the greenburg -99w -main intersection improvement project - revised- ais.doc Agenda Item # I I i t Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Appointments to the City Center Advisory Commission Prepared By: Sean Farrelly Dept Head Approval: le6 i City Mgr Approval: d ISSUE BEFORE THE COUNCIL Should the Council reappoint Alexander Craghead, Ralph Hughes, Peter Louw, and alternate Linli Pao to the City Center Advisory Commission (CCAC)? Should the Council appoint Philip Thornburg as an alternate to the CCAC? STAFF RECOMMENDATION Adopt the attached Resolution reappointing Alexander Craghead, Ralph Hughes, Peter Louw, and alternate Linli Pao to the CCAC, and appointing Philip Thornburg as an alternate. KEY FACTS AND INFORMATION SUMMARY Alexander Craghead, Ralph Hughes, and Peter Louw are currently filling terms as voting members on the CCAC. Their terms expire December 31, 2009. Linli Pao is currently filling a term as an alternate Commissioner; her term also expires December 31, 2009. There is one vacancy on the Commission for an alternate. The Mayor's Appointment Advisory Committee interviewed candidates and recommend reappointing Alexander Craghead, Ralph Hughes, and Peter Louw as voting members to the CCAC. They also recommend reappointing Linli Pao and appointing Philip Thornburg as alternate Commissioners. The new terms for Alexander Craghead, Ralph Hughes, and Peter Louw will expire December 31, 2012; the terms for alternates Linli Pao and Philip Thornburg will expire December 31, 2010. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Council Goal #2 — Implement Downtown Urban Renewal. ATTACHMENT LIST Attachment 1: Resolution reappointing Alexander Craghead, Ralph Hughes, and Peter Louw as voting members to the CCAC; reappointing Linli Pao as an alternate, and appointing Philip Thornburg as an alternate. Attachment 2: Biographical Information FISCAL NOTES N/A r Attachment 2 CITY CENTER ADVISORY COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 8th, Alexander Craghead, Ralph Hughes, and Peter Louw will be recommended for reappointment as voting members to the City Center Advisory Commission. Linli Pao will be recommended for reappointment and Philip Thornburg will be recommended for appointment as alternates. Alexander Craghead has lived in Tigard for 30+ years. He is currently a full time student at Marylhurst University and expects to receive his Bachelor of Arts in Communication in 2010. He is a current member of the City Center Advisory Commission and has served on the Tigard Downtown Task Force. He is also a member of the International Association for Public Participation. Peter Louw has lived in Tigard for 2 years and is the owner of the Tigardville Station in Downtown Tigard. Previously, he was a manufacturing engineer for 20 years. He currently serves on the City Center Advisory Commission. Ralph Hughes has lived in Tigard for 8 years. He is an independent financial advisor and is the owner of Financial WealthCare. He is the past Vice -Chair of the Transportation Financing Strategies Task Force and has served as the President of the Tigard Chamber of Commerce. He is a member of the Hispanic Chamber of Commerce and served as a City Council member in Oak Point Texas. Linli Pao has been a Tigard resident for almost 19 years, having grown up in Tigard. She has a BA in Molecular Cell Biology and is currently employed by OHSU in an orthopedic research lab. She also works for AFLAC insurance. Linli is a current alternate on the City Center Advisory Commission and has also volunteered for the Washington County Youth Advisory Council, the Friends of Trees, the Tualatin Wildlife Refuge, and the Tigard Public Library. Philip Thornburg has been a Tigard resident for 18 years. He has a Bachelor of Science from Oregon State University in Horticulture and Agriculture and is the owner of Winterbloom Inc., a landscape design and installation company. He was named as a Tigard Tree Steward for 2008 and is a member of the Association of NW Landscape Designers and the Tigard Community Friends Church. Agenda Item # L' Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Appointments to the Planning Commission, CG: N/A ,, P Prepared By: Dick Bewersdorff Dept Head Approval City Mgr Approval: Vl ISSUE BEFORE THE COUNCIL Should Council appoint former alternate Commissioner Timothy L. Gaschke, and reappoint Commissioners Tom Anderson and David Walsh as voting members to the Planning Commission? Should Council appoint Richard Shavey and Donald Schmidt as alternate commissioners to the Planning Commission? STAFF RECOMMENDATION Staff recommends appointing former alternate Timothy L. Gaschke, and reappointing Tom Anderson and David Walsh as voting members to the Planning Commission. In addition, staff recommends appointing Richard Shavey and Donald Schmidt as alternate commissioners. KEY FACTS AND INFORMATION SUMMARY There are currently three vacancies on the Planning Commission as well as two vacant alternate positions. Incumbent Tom Anderson was appointed to the Planning Commission in January, 2007 to fill an unexpired term. Incumbent David Walsh was appointed to a full term in December, 2005. Incumbent alternate Timothy L. Gaschke was appointed in January, 2009. Tom Anderson, David Walsh, and Timothy L. Gaschke applied for Planning Commission seats. The Mayor's Appointment Advisory Committee interviewed applicants and the three incumbents were recommended to fill the current voting member vacancies on the Planning Commission. Richard Shavey and Donald Schmidt were recommended to fill the alternate positions. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed resolution reappointing Tom Anderson, David Walsh, and Timothy L. Gaschke as voting members to the Planning Commission and appointing Richard Shavey and Donald Schmidt as alternates to the Planning Commission. Attachment 2: Biographical Information FISCAL NOTES N/A Attachment 2 PLANNING COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 8, 2009, Tom Anderson, David Walsh, and Timothy L. Gaschke will be recommended for reappointment as voting members of the Tigard Planning Commission. Also, on December 8, 2009, Richard Shavey and Donald Schmidt will be recommended for appointment as non - voting alternates to the Tigard Planning Commission. Tom Anderson is employed as a Real Estate Principal Broker as well as the Manager /Vice President of the Excell Group. Anderson earned a Bachelor of Arts degree from Washington State University. He has served on the Planning Commission for 3 years and has lived in Tigard for 5 years. David Walsh has lived in Tigard for 6 years. Previously, he lived in Maine. He has a MBA from the University of Tennessee and a Bachelor of Science in Forestry from the University of Maine. David is a Technical Manager for SP Newsprint in Newberg. He has served as Vice President to the Planning Commission and also serves on the Tree Board. Timothy L. Gaschke has been a professional civil engineer since 1991. Since June, 2008 he has been employed as the Principal Civil Engineer at Lewis & Van Vleet, Inc. In 1989, Gaschke earned a Bachelor of Science (Civil Engineering) from Arizona State University. He lived in Canberra, Australia from 1989 —1997, and has now lived in Tigard for over twelve years. Richard J. Shavey worked from 1998 — 2008 as a Sr. Project Manager for MulvannyG2 Architecture of Bellevue, Washington. He has a Bachelor of Architecture from Oklahoma State University. He has served on various committees including the Low Income Housing Task Force, Adopt -A- Teacher program, Tigard Rotary and he served as both Vice - Chair and Chair of the Seattle Planning Commission from 1973 —1979. He has lived in Tigard for one year. Donald Schmidt is a licensed architect employed at Soderstrom Architects. He has a Bachelor of Architecture from the University of Arkansas. He is the former president (2 years) for the U of A chapter of the American Institute of Architecture Students. He was a volunteer at Durham Elementary and Rebuilding Together Portland and has lived in Tigard for three years. I: \LRPLN \Council Materials \2009 \12 -08-09 PC appointments Attachment 2 - Biographical Info.docx Agenda Item # Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title A Resolution Appointing to the Budget Committee Prepared By: Toby LaFrance Dept Head Approval: , V' City Mgr Approval: eg ISSUE BEFORE THE COUNCIL Should the City Council appoint Dena Struck and Dan Goodrich to the City's Budget Committee, and Mona Moghimian as an alternate member, as recommended by the Appointments Advisory Committee? STAFF RECOMMENDATION Approve the recommended appointments to the Budget Committee. KEY FACTS AND INFORMATION SUMMARY Jason Snider and Dena Struck's Budget Committee term expires on December 31, 2009. 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 is recommending that the City Council appoint Dena Struck and Dan Goodrich to a three -year term beginning January 1, 2010. The Committee also recommends City Council appoint Mona Moghimian as an alternate for a one -year term beginning January 1, 2010. Please see attached bio on each recommended committee member. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Resolution appointing Dena Struck and Dan Goodrich to the Budget Committee and appointing Mona Moghimian as an alternate member. FISCAL NOTES N/A Attachment to the Council Agenda Item Summary to Appoint Budget Committee Members Dena Struck has been a Tigard resident for five years. She has been a member of the Tigard Budget Committee since January 1, 2007. Dena has worked for Xerox Corporation for eight years and is currently one of their Senior Financial Analysts. Dan Goodrich has lived in Tigard for thirty-two years. He works part -time as a consultant in the banking industry. He served as an alternate on the Tigard Budget Committee for fiscal year 2009- 2010 as well as served on Tigard /Tualatin School District Budget Committee. Mona Moghimian is a Tigard High School senior. She also takes classes at Portland Community College. Upon graduation, she plans to continue her studies at Portland Community College in Pre - Law. Mona has been very active in civic clubs and sports. II 14 Agenda Item # 1 ' 1 Meeting Date December 8. 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Support the Submission of a Letter of Intent to Submit a Metro Excise Tax Grant Application to Preserve and Enhance Affordable Housing at Tigard's Hawthorne Villa. CG #1 Prepared By: Duane Roberts Dept Head Approval: City Mgr Approval: Ci ISSUE BEFORE THE COUNCIL Authorize the submittal of a Letter of Intent (LOI) to apply for a Metro Construction Excise Tax Planning Grant to preserve and enhance affordable housing in Tigard. STAFF RECOMMENDATION By motion, approve the submittal of the LOI by December 9, 2009. KEY FACTS AND INFORMATION SUMMARY In October, Metro Council approved guidelines and procedures for the operation of the first cycle of a Construction Excise Tax Planning (CET) Grants Program. The purpose of this new program is to fund planning necessary to make land ready for development. The grant application in -take process includes a pre - application Letter of Interest (LOI), due December 9 Among other requirements, the LOI must include a brief statement that the applicant has discussed the project with its governing body and that this body has given its approval to submit a LOI. Staff have investigated a number of possible project ideas that could meet program objectives and criteria. The one idea that appears to fit these criteria, and is timely, is the preservation of the Hawthorne Villa as affordable housing. The 118 -unit project recently lost its non -profit sponsor- operator, Tualatin Valley Housing Partners (TVHP). The non -profit went into dissolution in June. No new non -profit sponsor for the Hawthorne Villa property has been identified as yet. The principal equity owner is the private Pittsburg National Corporation (PNC). PNC receives a state tax- credit to maintain the property as affordable housing. It also receives a property tax exemption from the City. The corporate owner has been difficult to contact and its intentions regarding the property are unknown. Developing a program to preserve the units as affordable housing is a possible City- sponsored Excise Tax planning opportunity. At this time, this project idea is in the process of being defined and partners identified. A partner is someone who is actively engaged in the project. Potential partners are Washington County Housing Trust Fund and the County Office of Community Development, both of whom have expressed interest in participating in a Hawthorne Villa planning project. Luke -Dorf, whose clients occupy many of the Hawthorne Villa units, is another possible partner. The Tigard -based Community Partners for Affordable Housing has been contacted and has indicated no interest at this time in replacing TVHP as the non -profit sponsor. Nevertheless, staff will continue to engage them in the CET planning grant application process. I: \LRPLN \Council Materials \2009 \12 -8-09 Metro Excise Tax Grant Program.AIS.docx 1 Any grant dollars awarded would be used to hire a consultant to conduct a feasibility study. A work scope has not been fleshed out as yet. However, based on conversations with state and county housing officials, the outlines of a possible planning project proposal include: • A detailed assessment of the buildings' condition; • Zone change to R -25 from R -12; • Coordination with the owner of an adjacent 4 -acre vacant property, also zoned R - 12, about up zoning and affordable housing development; and • Structuring a deal that can work financially. Full grant applications are due January 29, 2010. Authorization of the LOI would allow the City to maintain eligibility and stay in the running while the feasibility of a Hawthorne Villa project proposal is further explored. If determined to be feasible and realistic, on January 26 staff will return to Council with a resolution authorizing the submittal of a full grant application. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan. ATTACHMENT LIST N/A FISCAL NOTES If a Hawthorne Villa project proposal is determined to meet the grant intent, and to be achievable, staff will prepare a full application. The grant amount requested would be more than $25,000, but the actual amount is yet to be determined. Any local match would be in the form of in -kind project management services. No City hard dollars would be involved. City administrative costs or management services potentially are recoverable, or could be charged to the grant, if a project sponsor chooses to do so. However, the amount of local match is part of the grant selection evaluation process. In order to ensure competitiveness, the Hawthorne Villa project administrative costs are proposed to be identified as in -kind match. This is a first year grant. The grant program has no track record regarding how competitive it may be. A zero match would lessen the chances of this project being picked for funding. I: \LRPLN \Council Materials \2009 \12 -8 -09 Metro Excise Tax Grant Program.AlS.docx 2 II, Agenda Item # Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Update on the Burnham Street Improvemen roject Q Prepared By: Kim McMillan Dept Head Approval: City Mgr Approval: CJ� ISSUE BEFORE THE COUNCIL No action is required; the Council is being asked to receive an update on the Burnham Street Improvement Project. STAFF RECOMMENDATION There is no staff recommendation. KEY FACTS AND INFORMATION SUMMARY • Construction began on October 26, 2009. • This update will cover: - Coffee Meetings - An overview of what has been happening so far. - A preview of upcoming construction activities, including holiday restrictions. OTHER ALTERNATIVES CONSIDERED Not applicable. CITY COUNCIL GOALS 2009 Council Goal #2: Implement Downtown Urban Renewal a. Move forward with Burnham Street Project ATTACHMENT LIST None FISCAL NOTES There is no fiscal impact associated with this item. We received a bid for Burnham Street and Ash Avenue for $4.1 Million. We also received a proposal for Construction Management and Construction Survey services which is for approximately $0.5 Million. The projected cost for these two items was $8.5 Million. ia /j g � -aUGy ■JANUARY 2010 A ' a / /t S Burnham Th NE W Burnham Street Street Improvements is J ust Around the Corner! Are Moving — Finally PROJECT DESIGN s. le LEWISLN '` CD ey TANGS . This will be Tigard's first "Green Streets" project, widening i � 3 3T S T % L Construction of the and reconstructing the roadwa y, addin g on- street g ., p CT arking a�.3 �� >' P" kin � ` long- awaited Burnham along both sides of the street, stormwater treatment `` ,, c c # Street improvements is planters, new sidewalks and pedestrian amenities — a", °- m . finally getting started! crossing signals, benches, new street lights, street trees and Park °E„ a R For years, planning landscaped gateways. #' . '' = s- 4 .k ° \ has been unederwa to , 0 k�' C , K am` Y The Burnham Street project will also: ; ray'' d F,t or ° N rebuild this key route / Support catalyst projects in the Downtown; e 'r , \ �� " a �\ that connects City ' ✓ O n development sites: for jobs, housing and 4 `"z + Hall with the Down- f ", • Mai° other new uses S "" s ' . e town, between Hall s, Park \ 1 ` e Boulevard and Main ✓ Improve access to Fanno Creek Park; and a �. , ° op Pa'* NUS °` Street. ✓ Improve a sepnent ofAsh Street that adjoins GR g '` F �/ Potso Burnham. rgard Park There have been many 2 �� ° steps along the way. ✓ Connect Burnham and Ash to the Commuter Ra , _ _ -��, i Over the past two & ride r: G,0 ° :'fa"" ,� M , ° f• 4{ Asr i.§ iarNO `\ �, F years, the City has •s ,.,%•- � Cater ,' , ST 3 © \ I < been acquiring the SCHEDULE � ___ Libra necessary right -of -way, PROJECT AREA pooling the required Construction began in Fall 2009. Project completion is anticipated by June 2011. funds and soliciting LEARN MORE public input. Access to area businesses will be maintained throughout construction. The City of Tigard will notify area businesses F or more i n f ormation, go to q The Burnham Street www.tiard-oov/Burnham ov /Burnham projects initial phase and property owners in advance about lane closures, g g detours and other temporary disruptions. or contact: will be jUnded from Kim McMillan, P.E. T I GARD gasoline tax and trans- o Constructin Services Engineering Manager portation impact fees. CONSTRUCTION HOTLINE City ofTigard Construction Questions? Problems? 503 -718 -2642 Call us 24/7 503 - 849 -9065 kim®tigard-or.gov 11111 ISI OPEN FOR TIGARD BUSI NESS ! 1 ;,) 1 :) 1 :.) L) t._,. L hip4�� m 1 B urnham Street and s,�awa P a� k� rr r, aa , P ara l e s, dewak Sk awaik r e ae s,der,ak Parking lane Lane Parkkv Lane Lare Downtown Tigard an ., have it all! 75' R.O.W. '' 76' R.O.W. Jewelry Cycle, skateboard Upholstery b Hair salon and ski 411 i Car wash 1Qf ),,I . 4 .... Gallery Cafe and brew pub Paint a p Sub shop Banking Catering I '°" j il t b 6 if 9 • Asian cuisine Liquor Stationery 8:4, -- :4, Ai b • IR b Automotive/ Printing m i l�l II marine 414, s�I I ��1 Attorney I i 4 • Real estate �. � 9 ti; b Trophies /awards ____ Insurance' -•I I I ,, 4117 �� I 1 9 I: R i) ' ® Plumbing and electric i i I And many more! 12 -18' 8' 11' 11' 8' 12 -18' 14' 24' 24' 14' BURNHAM STREET ASH STREET • Main to Ash Section South Section T yp i cal Street Sections Agenda Item No. S Meeting of / o - g - 0 ei Oh r)Iigard • 1eu Burnham Street Project (t} of ligtrd • Neu Burnham Street I'rujed A Beautiful Sequoia.... A New Purpose. Construction Update ' City Council Meeting December 8, 2009 on of Tigard • %ea" Burnham Street Project on of Tigard • 1eu Burnham Street Project Rain or Shine The Sewer Solution Burnham Street Storage Ferguson Pipe N �I Y F ■ ,,. ,, _ i 1 ,, _ _ tea® ®, ..o..Ilrww. uganlor"gov , bun M[ - . . tigartkvgovIk r r I 1 Can of Tigard • \eI' Burnham Start Project City of ligard • Acre Burnham Street Project Public Information Friday Morning Coffee Meetings ThmTuiies .-,. .. • • _ S woos! =_.; --_ _ 1 • • woof) - - -- - -- - - -- - -- t : t - Woor WooP W \ ! I : - ,. — i`. (etc of Tigard • Wu Bundeam Stmt.! Project . Cil} of Ti,ard • acre' Burnham Street Project Safety First Flaggers and Signage . ,, t' r • ... ,, . ...... ., I,. l ( .. ,,:.,, „...,,,,._..„.: I ' _ w F : e , E 'f " •n l 1 {r ' I t It "- i . / rte.,.. ,:.. -._ _- - _ LIP Er 2 ut, of' 1'igard • %ea Burnham Street Project City of' tig.trd • . %ex Bin nhato Street Project Getting Ready for Storm And that's the Long and Short of It € ..- ..., - , c..... 7 4 \ _. _ _ ___, . , „:„.\.._„, 4 , --,' • Eir 3 Agenda Item # Meeting Date December 8. 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Legislative Public Hearing — Revised Street Maintenance Fee Prepared By. Carissa Collins Dept Head Approval: / City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City of Tigard increase the Street Maintenance Fee (SMF) for the Pavement Management Program? STAFF RECOMMENDATION Adopt the revised Street Maintenance Fee in accordance with Council direction provided at the September 15, 2009 Public Workshop. KEY FACTS AND INFORMATION SUMMARY The Pavement Management Program (PMP) is an annual program that provides for the preventative and /or corrective maintenance of Tigard city streets. This program is funded by the Street Maintenance Fee. The current fee was adopted by in 2003 by Ordinance 03 -10. The ordinance requires a periodic review of the PMP and the fee required to fund the program. Staff started the review with Council during a Workshop on October 21, 2008 and has met with Council on the project on January 20, 2009, February 17, 2009, May 12, 2009, May 26, 2009, July 21, 2009, and September 15, 2009 for a total of seven prior meetings over a fourteen month period. In addition, the Transportation Financing Strategies Task Force (TFSl'I9 held eight monthly meetings that included discussion of the PMP and SMF resulting in their recommendation that was brought to Council during the September 15 Workshop. The last PMP and SMF Workshop on September 15, 2009, ended with Council providing direction to staff to bring the SMF to Council for a Hearing. Per the minutes from the Workshop, the direction from Council includes: • We will establish a goal of a Pavement Condition Index (PCI) between 70 and 75. • The street maintenance fee is the preferred means for funding the PMP. • We will spend the modeled amounts on asphalt and right of way; the amount between residential and non- residential is unchanged. • The way we will split the fees for residential and non - residential users is unchanged with the exception of a higher cap in trading a reduction for smaller businesses. • We will not directly fund a rainy day fund; however, we will look at ways that we can take some cost savings to create a reserve. • We will retain the reduction for religious institutions. • Other non -profit institutions will not be allowed a reduction. • The cost will be indexed similar to Washington County's transportation development tax. • We will have a phasing in over a three -year period. The last two of those years will include the right -of -way maintenance. • We will have an evaluation of the program after one full year of implementation. Council direction is included in Attachment #5, which provides a crosswalk from the direction to where that direction can be found in the Resolutions and Ordinances. The result will be an improved PMP funded by a fee that will be approximately triple the current fee. The compromise of the phasing will allow area businesses three years to work the fee increases into their business plans and will ease the impact of the fee increase during difficult economic times. However, the phasing will also compromise the ability of the PMP to fulfill the stated goal of a PCI between 70 and 75. By phasing, the PMP loses one year of revenue increase. The combination of the lost revenue and the continued decline in the PCI during the year this program has been reviewed results in the time horizon to reach a PCI of 70 moving from 5 years to 9 years. OTHER ALTERNATIVES CONSIDERED 1. Adopt a lower goal for Tigard's average Pavement Condition Index (PCI) and fund more expensive maintenance at a later date. 2. Do not pursue an increase in the Street Maintenance Fee and fund the PCI goal by cutting other Tigard services or diverting revenue away from projects that reduce congestion. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment #1: A Resolution establishing a long -term average Pavement Condition Index (PCI) goal for City streets. Attachment #2: The Ordinance amending the Chapter 15.20 of the Tigard Municipal Code establishing the Street Maintenance Fee. Attachment #3: A Resolution amending the portion of the Master Fees & Charges Schedule pertaining to the Street Maintenance Fee including Exhibit A. Attachment #4: Graph of Tigard Citywide Pavement Condition Index by Funding Scenario from 2006 to 2015. Attachment #5: Crosswalk of Council direction on the Street Maintenance Fee and where to find the direction in the attached materials. FISCAL NOTES When fully implemented, the fees will fund a $2.5 million program with $2.2 million going to maintain street surfaces and $0.3 million going to right of way maintenance. The amount of the program will be adjusted by a combined construction cost index and a labor cost index. The fee increase will be implemented over three years with the street surface portion evenly increased over all three years and the right of way maintenance evenly implemented during the last two years. The result of the phased implementation is below. Year 1: The first year phasing of the Street Maintenance Fee will yield a total of $3.22 per unit for residential properties, and $1.23 per parking space for non - residential properties. Year 2: The second year will yield $4.62 per unit for residential and $1.82 per parking space for non - residential. Year 3: The third year is estimated to generate $6.01 per unit for residential and $2.42 per parking space for non - residential. The second and third year of phasing includes the cost for right -of -way maintenance in addition to costs for road surface. Also, the second and third year of phasing reflect costs before any indices are applied. Tigard Citywide Pavement Condition Index by Funding Scenario 72 PQ Goal = 70 70 MEM 68 •Norkshop Proposal: 3- 1 year Phase in Starting i 4/1/10; then Jan 1 each 66 year I 64 Current Funding Level 62 60 2006 2007 2008 2009 2010 w /Stimulus 2011 2012 2013 2014 2015 End of Paving Season In Year... C Street Maintenance Fee Crosswalk Council Direction Item 4111111.4 41111=1116 11111.11111111111111111111 What is Tigard's goal for the Pavement Management Program? Attachment #1: Resolution establishing an average PCI. The goal is a Pavement Condition Index (PCI) of 70 -75. How long will it take to achieve the goal of a PCI over 70? Attachment #3: Resolution amending the master fees and . The goal will be achieved in 2019. charges schedule in the WHEREAS section. What will the PCI be in 5 years? Attachment #4: Graph of Tigard Citywide Pavement The PCI in 2015 will be 68.6. Condition Index by Funding Scenario How much should Tigard assume to pay for asphalt? Attachment #3: Resolution amending the master fees and Council Direction was to assume $80 /ton. charges schedule in the WHEREAS section. How much should Tigard spend on right -of -way maintenance? Attachment #3: Resolution amending the master fees and Council Direction was $300,000 charges schedule in the WHEREAS section. How should the cost of the Pavement Management Program be divided Attachment #2: Tigard Municipal Code 15.020.050.1(b) between residential and non - residential property owners? Council Direction is to follow the recommended split provided by the Transportation Finance and Strategies Task Force. What should be the maximum number of parking spaces for non - residential Attachment #2: Tigard Municipal Code 15.020.050.1(d) properties? Council Direction was 250. What is the discount that will be applied for non - residential customers? Attachment #2: Tigard Municipal Code 15.020.050.1(d).i Council Direction was 50% for small businesses with less than 6 required _parking spaces. What indexing fees will be applied to cost increases? Attachment #2: Tigard Municipal Code 15.020.050.4 Council Direction was an index that was a combination of both labor and materials. How often will the program be evaluated? Attachment #2: Tigard Municipal Code 15.020.050.6 Council Direction specified an annual review. What is the timeframe for phasing in the fee? Attachment #2: Tigard Municipal Code 15.020.050.3 & Council Direction stated a period of 3 years. Attachment #3: Resolution amending the master fees and charges schedule in the WHEREAS section. SUPPLEMENTAL PACKET FOR /� - R - e:9a /c) (DATE OF MEETING) AGENDA ITEM No. 6 Date: December 8, 2009 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: REVISED STREET MAINTENANCE FEE 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 City Council May Impose A Time Limit on Testimony I /Adm /Cathy /CCSignup /Leg. PH Downtown Collector Street Standards Comp Plan and Development Code Amendment li kle s o w e stit'c� °r t e s pet p 5 1,11inut Testimony Time Limit: 5 mimiteg per person AGENDA ITEM No. 6 December 8, 2009 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. SsW //'0U' 41 w_c - A) gutn 400. " - a I l ta 63e' 9te3s 5o3 -6 2X/ - as 4- Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Ockov .(,4,, G e 5 63 - is0 - o Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. // E '' p � t /L 4 ) Sp 1 -6z - Z- r" Name, Address & Phone No. e, Ad ess & Phone No. Name, Address & Phone No. t hi...3 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Pain 50sVg Smut * - O rr 5 W Vla'on a24 %p4 - 631- 3180 Testimony Time Limit: 5 minutes per person AGENDA ITEM No. 6 December 8, 2009 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. I N O h 0 1 I1 P.c") 1 ' 5 ,a7.5 S TES Ow 503— bv'Y ^ ` Name, Address & Phone No. Name, Address & Pho e No. Name, Address & Phone No. ci t Y e c'0 3 r ) i lt/Ivu 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. .Re / C / C/ vc# d 04.( e e December 8, 2009 To: City of Tigard Re: Revised Street Maintenance Fee (Pavement and Right -of -Way) A first impression, while it may not be necessarily valid, may be difficult to change. Often, people do not bother to look beyond their first experience. When one first enters a city from outside, much is conveyed to the visitor by the physical surroundings. Is it a gracious entry, clean, well maintained? Is there the feeling that the citizens are looking forward with a positive attitude to a bright, improving future? Hopefully, for a city, the first impression is not that of drab, overgrown and unkempt street - sides, and rutted, broken pavement filled with potholes. In areas where the pavement is well maintained - -- perhaps because it's an arterial - -- the right of way looks like a neglected, scrubby weed- patch. Is this the picture of someplace where energetic citizenry show they care? Who would want to move to such a place? Further, if one is looking for somewhere to locate a business, hoping for success, who would choose to purchase in an area that is not visually inviting to potential customers? The future belongs to those who care, and who will invest in it today. I realize that many people feel that "taxes are always too high'; that they "only benefit someone else "; that "fancy is not necessary"; and all these "unnecessary expenses" should be put off until the economy is better, things are more settled, (or until I've moved on and someone else can do it ?). Experience shows us that delaying necessary street maintenance usually results in further deterioration, costs much more in the long term, and certainly affects the cost to drivers for gas mileage, tires, wheel re- alignment, etc., to say nothing of the often unconsidered safety hazards - -- and even the stress, fatigue and frustration of driving through such an area. This is not someone else's city; this is ours, and we should make it one to be proud of. We can always put things off until tomorrow, but what will tomorrow's citizens say? They are our children and grandchildren. Do we want them to think we didn't care about the world they would live in? It will only be increasingly expensive for them to undo and repair what we are unwilling to be responsible for today. Please be sure that these necessary measures are included in the city's budget. If we don't find the money to do it now, how will we (or tomorrow's citizens) ever find the "even more" money that it will cost later? Darlene Young, Tigard resident r C o - y - y\_vy\p r , y1 F - 3 T r e4- it'q c�.i - _�rLQ��,c� F- I s e c e ► ve C Q - L k s &-U e. r t _ _ t n c e L e s hop ry\-eeTk.v c 3 \A/ c‘ H- h v1 m e,h4 coc Cou11c l irn-k , ACi // /71-(h/ 6 Hello. I was asked for my feedback regarding road construction in Tigard this . ` weekend. On the survey form, it asked me to prioritize the planned construction projects. All of the planned projects seemed to be focused on big roads and intersections that already have turn lanes, sidewalks, bike lanes, turn arrows, etc. I would love to see more attention given to those non -major roads that actually do get a lot of traffic. These streets are the arteries connecting Tigard residences to parks, schools, and shopping. As such, THOSE roads are the, ones that should see some development. I walk a lot around my neighborhood, and hardly any of the nearby streets have sidewalks. Some of them don't even have streetlamps. Makes it pretty dangerous for me to walk, especially in the dark, and is prohibitive for residents to use environmental friendly methods of going places like by walking and biking.❑ 0 The specific roads that I am referring to are 80th, 72nd (from Fred Meyer to Ventura), Locust, and Oak. I know a "pedestrian walkway" was recently added to 72nd, which helps. I LOVE what was done to Oleson Rd (between Hall and Garden Home) and would like to see similar improvements to the aforementioned busy streets. ❑ Just my thoughts. Thank you! ❑ Jennifer SchroederE 32 Sep 16, 2009 3:48 AM Tigard Resident since 20020 1 • Why does Tigard City Council treat us like we're stupid? We don't need a video explaining the importance of street maintenance. Everyone knows that roads need to be maintained and occasionally repaired and expanded. What we need from politicians is honesty and proper fiscal management. Gas taxes, which are quite high, are supposed to be earmarked for road repairs. Yet every city always says that they have no money for road repairs and need to "raise or assess" taxes or fees. It never ends. Where does all the money for gas taxes go? The city of Tigard assessed an additional gas tax over a year ago that you told the residents was for repairs /expansion of 99W. Yet nothing has been done to 99W while all of this additional money has been collected. And no word on when or how it will happen. Yet now you say that a street maintenance fee, which we already pay on our utility bills, needs to be increased. You spent the money on this lengthy, rather condescending video, yet it does not mention how much of an increase you are recommending to the street maintenance fee, nor does it address the additional gas tax you already imposed and are collecting. What are you doing with all of the 33 Sep 17, 2009 5:24 PM money you are already collecting which is supposed to pay for road maintenance and I am Tigard's City Arborist and staff liaison for the Tree Board. I would like to comment in support of phasing in right -of -way maintenance for Tigard's arterials and collectors because it will benefit Tigard's urban forestry program, achievement of Comprehensive Plan goals and policies, and the mission of the Tree Board. The City's current urban forestry efforts focus sustaining our community's tree and vegetation resources to provide a living legacy for future generations. By maintaining trees and vegetation along arterials and collectors, the City can provide a highly visible examples of how the community can achieve its long term urban forestry goals. ❑ Also, on a more technical note, the City's canopy replacement program is currently undertaking major planting projects along arterial and collector roadways using tree mitigation funds. Due to tree mitigation fund requirements, the City can only provide up to 3 years of tree maintenance after planting. Long term funding for maintenance is currently a gap in the City's program, and we are actively seeking sources of funding to meet long term tree management needs. Phasing in the right -of -way portion of the street maintenance fee in years 2 and 3 would ensure long term maintenance of trees and other vegetation after the City's 2 to 3 year maintenance requirement for current projects expires. This would not only benefit the canopy replacement program, but also other ongoing projects such as the Burnham and Main Street retrofits.3 In summary, the right -of -way phase in portion of the street maintenance fee supports the City's long term urban forestry goals, and will allow the City to set a highly visible example of how to meet those goals.s 0 34 Oct 13, 2009 6:29 PM Respectfully Submitted,❑ I think you ought to know: Our cul -de -sac, 125th Place of off North Dakota St., was "slurry sealed" this past summer along with many others in the area. The new surface already has MANY significant cracks. These will only get worse with the freezing temperatures of the winter, I would think. If I had paid a contractor for this work, I would have them come back and fix these cracks NOW. Wait a minute, I DID pay for this with my tax dollars and street maintenance fees! Please come over and take a look for yourselves. Feel free to contact me by phone or email.❑ - -Nancy Irwin❑ 11135 SW 125th PI.I (503) 590 -80860 35 Oct 29, 2009 10:12 PM irwinfam @verizon.net My concern is related to the practice of calling streets private and therefore excluding them from any benefit from these fees. These streets were made private by decisions made by the city of Tigard and home developers. It was not a decision made by the residents. The residents shouldn't be penalized by by these decisions to circumvent city codes and from my perspective, the concept should be abolished and the streets taken back by the city. If the streets are too narrow or some other reasoning that caused them to be put into the category of being private they never should have been allowed to be developed in the fi rst place. It's a double standard that continues today. Everytime I see my water bill with the street service fee, it reminds me that I'm paying for something that will provide no benefit for my street. I understand the need, but this simply isn't equitable. You can count me out on street fees until the day you eliminate my street from the private list.s Regards, ❑ Bruce Tibbettsm 36 Nov 7, 2009 6:18 PM bstib @verizon.net Craig Prosser From: Toby LaFrance Sent: • Tuesday, December 08, 2009 3:53 PM To: Craig Prosser; Dennis Koellermeier; Cathy Wheatley; Carol Krager Subject: RE: Maintenance Fee Thanks Craig. As a point of reference, I looked up Nicoli Engineering. They are being charged for 5 spaces. Under the Council direction to remove the minimum charge of 5 spaces, they will only have 4 spaces and receive a reduction of 50% by being in the first tier. Currently they pay $3.90 per month. Under the fully implemented proposal, Nicoli Engineering will pay $4.84 per month (before inflationary increases). Original Message From: Craig Prosser Sent: Tuesday, December 08, 2009 2:53 PM To: Toby LaFrance; Dennis Koellermeier; Cathy Wheatley; Carol Krager Subject: FW: Maintenance Fee FYI Original Message From: Craig Dirksen [mailto:craigd @tigard- or.gov] Sent: Tuesday, December 08, 2009 2:34 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject FW: Maintenance Fee From: Jim A SMTP: JANDREWS @NICOLIENGINEERI Sent: Tuesday, December 08, 2009 2:33:42 PM To: Craig Dirksen Cc: Cathy Wheatley; Toby LaFrance; Marland Henderson Subject: Maintenance Fee Auto forwarded by a Rule Mayor Dirksen and Council Members, Due to previous family obligations I will not be able to attend tonights council meeting. I had intended to speak and oppose the proposed Maintenance fee increase. In lieu of speaking I am requesting that my comments be included to the opponents comments on the increased fee proposal. First, I would like to say that I am not opposed to a maintenance fee or even some minor increase. My major concern is with the timing of the proposed increase. In better economic times this might not be such an issue, but right now our office has been cutting back on expenses and canceling many services in order to meet payroll and other critical overhead items. We have had to lay off one employee and another is working part time, when work is available. In a small firm like ours, t this accounts for 50% of our work force. We have done everything we can to reduce our overhead cost in an effort to ride out the current economic slump and maintain our business till better economic times present themselves. After all of our efforts and sacrifices, we are now being asked to accept a fee increase at a time when we are operating at a "bare bones" mode. This is not an appropriate time to burden small businesses with increased fees. I must also add that I have a serious issues with the methodology used in establishing the fees. Although I have concerns regarding the methodology and fairness in determining the proposed fees and subsequent increases, my main concern remains the timing of this fee increase proposal. Thank you for the opportunity to voice my concerns. Regards, Jim Andrews, President Nicoli Engineering, Inc. 9025 S.W. Center Street Tigard, OR 97223 2 Cathy Wheatley From: Toby LaFrance Sent: Tuesday, December 08, 2009 4:20 PM To: Jim Andrews; Craig Dirksen Cc: Cathy Wheatley; Marland Henderson; Craig Prosser Subject: RE: Maintenance Fee Attachments: Toby LaFrance.vcf Mr. Andrews, Thank you for your comment. I have information that may relieve some of your concern. I looked up the account for Nicoli Engineering. Currently, you are charged for 5 spaces a month for a total cost of $3.90 per month. While the cost per space is increasing, Council provided direction that is in the proposed Resolutions and Ordinance that will mitigate the impact on your business. The current ordinance has a minimum charge of five spaces, Council's direction is to remove the minimum charge. Under that direction, you will be assessed for four spaces. Further, Council's direction is to create a tier for businesses with less than six spaces with this tier receiving a 50% discount. The combination of the charge for fewer spaces and the 50% discount will result in a monthly charge to Nicoli Engineering of $4.84 per month. Lastly, the fees are proposed to be phased in over three years, so you will actually pay less during the first two years of the phase -in. Below is how the fees would be charged to Nicoli Engineering, as currently proposed for tonight's hearing. Monthly Charge: - Current = $3.90 -Year 1 = $2.46 - Year 2 = $3.64 - Year 3 = $4.84 One note, there is a provision tonight's proposal to index the program cost and supporting fee, so the amounts in Year 2 & 3 is before the index is applied. I do not know the exact amount that you would be charged, since I do not know the future index amount. However, over the last 18 years, the index has increased an average of 4.7 %. Again, I hope this information is helpful to you. If you have any additional questions, let me know. Regards, Toby LaFrance Original Message From: Jim Andrews [ mailto: jandrews @nicoliengineering.com] Sent: Tuesday, December 08, 2009 2:34 PM To: Craig Dirksen Cc: Cathy Wheatley; Toby LaFrance; Marland Henderson Subject: Maintenance Fee Mayor Dirksen and Council Members, Due to previous family obligations I will not be able to attend tonights council meeting. I had intended to speak and oppose the proposed Maintenance fee increase. In lieu of speaking 1 I am requesting that my comments be included to the opponents comments on the increased fee proposal. First, I would like to say that I am not opposed to a maintenance fee or even some minor increase. My major concern is with the timing of the proposed increase. In better economic times this might not be such an issue, but right now our office has been cutting back on expenses and canceling many services in order to meet payroll and other critical overhead items. We have had to lay off one employee and another is working part time, when work is available. In a small firm like ours, this accounts for 50% of our work force. We have done everything we can to reduce our overhead cost in an effort to ride out the current economic slump and maintain our business till better economic times present themselves. After all of our efforts and sacrifices, we are now being asked to accept a fee increase at a time when we are operating at a "bare bones" mode. This is not an appropriate time to burden small businesses with increased fees. I must also add that I have a serious issues with the methodology used in establishing the fees. Although I have concerns regarding the methodology and fairness in determining the proposed fees and subsequent increases, my main concern remains the timing of this fee increase proposal. Thank you for the opportunity to voice my concerns. Regards, Jim Andrews, President Nicoli Engineering, Inc. 9025 S.W. Center Street Tigard, OR 97223 2 • NORTHWEST Grocery Association 1°1 . aao f'��Crr , r1 WHOLESALE Jy C I )e4 a- I4 04 ON .WASHINGTON • ,S TO: Mayor Craig Dirksen Councilor Nick Wilson Councilor Gretchen Buehner Councilor Marland Henderson Councilor Sydney Webb FR: Amanda Dalton Representing Northwest Grocery Association amanda @daltonpr.com 503.344.4942 RE: Proposed Street Maintenance Fee Increase December 8, 2009 As the primary advocate for the grocery industry in Oregon the Northwest Grocery Association represents member retailers, wholesalers, and suppliers. We fully understand the challenges facing local cities as they try to address serious transportation needs. Five years ago we worked with the Tigard City Council to draft and implement the city's current Street Utility Fee (SUF). Our association remains committed to supporting local cities in their critical road funding needs and look to be a continued supportive partner in your overall transportation funding plan. NWGA members are willing to pay their share for road repair and believe the initial SMF methodology and rates were a fair and efficient approach to providing for street repair and maintenance. We have significant concerns with the proposed changes and increases to the Street Maintenance Fee and emphasize, that as proposed, our members will see an increase of almost 400% - without any inflation factor which has been proposed as high as 10% annually — our monthly fees increase from $156 a month today to $605 a month in 2012, or over $7600 a year. With our narrow profit margins, this represents $760,000 in new sales per store to cover the new fees. Raising prices is our last resort as it is devastating to our customers in this economy. We propose the following recommendations: • Increase the NON - residential monthly base rate to $1.23 per parking space ( +58 %) • Increase the residential rate monthly base rate to $3.00 Monthly ( +38 %) • Tie the Street Maintenance Fee to a fixed annual growth rate of no more than 3% • Any small business that does not have parking pays a maximum of 5 spaces. The city would be prohibited from adjusting for square footage. • Any small business with parking could request an pro -rata adjustment to reflect vacancy rates (e.g. 10 spaces x 50% vacancy = 5 spaces) • Dedicate the $900,000 in new state gas tax revenues to street maintenance projects contemplated under the SUF • Eliminate the new ROW program priced at $300,000 annually By using the above figures staff can compute a fair and equitable formula while not placing undue financial constraints on Tigard residences and businesses. We understand this does not fully fund staffs request of $2.5 million, however believe that this number can be reduced though a project specific prioritization discussion, removal of right -of -way dollars as well as applying new gas tax revenues in 2011 to maintenance projects. We strongly urge you to consider our proposal because it is clear that Tigard residents do not support the staff proposal. ➢ In a recent survey 70% of Tigard residents had not heard of the proposed increases in the Street Maintenance Fee ➢ When informed of how much the proposed increase would cost residential ratepayers, 53% opposed the residential increase. ➢ The numbers grew startling higher when informed of the proposed increases to Tigard businesses, where over 70% of Tigard residences opposed an increase of the Street Maintenance Fee. ➢ Many of the open ended comments that surfaced were "now is not the time to raise fees on business," "we can't drive business out of Tigard," and many simply felt that the jump from $800,000 to $2.5 million was "excessive." We thank you for your time and willingness to discuss and address our proposed concerns. It is our hope that Council can revise the proposed increases to better meet both need and affordability of this community. TIGARD STREET UTILITY FEE NORTHWEST GROCERY ASSOCIATION PROPOSAL TO MITIGATE FEE INCREASES 12 /9/2009 A B C B F F G H I I I J I K Monthly Annual Original CURRENT TIGARD SUF Spaces Revenue 1 Rate Rate Goal 2 2007/08 Residential 19,848 $ 2.18 $ 26.16 $ 519,223.68 60% 58% 3 2007/08 Non - Residential 37,279 $ 0.78 $ 9.36 $ 348,931.44 40% 42% 4 2001/08 Total _ $ 868,155.12 5 Monthly Annual 6 STAFF PROPOSAL Spaces Revenue Rate Rate 7 2010 Residential 19,848 $ 3.22 $ 38.64 $ 766,926.72 58% 100% Res + 50% Collector Projects 8 2010 Non - Residential 37,279 $ 1.23 $ 14.76 $ 550,238.04 42% 100% Arterials +50% Collector Projects 9 2010 Total $ 1,317,164.76 100% 10 11 2011 Residential 19,848 $ 4.85 $ 58.20 $ 1,155,153.60 57% 100% Res + 50% Collector Projects 12 2011 Non- Residential 37,279 $ 1.91 $ 22.92 $ 854,434.68 43% 100% Arterials +50% Collector Projects 13 2011 Total $ 2,009,588.28 100% 14 15 2012 Residential 19,848 $ 6.31 $ 75.72 $ 1,502,890.56 57% 100% Res + 50% Collector Projects 16 2012 Non-Residential 37,279 $ 2.54 $ 30.48 $ 1,136,263.92 43% 100% Arterials +50% Collector Projects 17 2012 Total $ 2,639,154.48 100% 18 19 Total includes new $300k annual ROW program. Total does not include expected 2011 State Gas Tax revenue of $900,000 20 The new rate is increased at 5% per year, but the Staff proposal allows as much as 10% per year 21 Raises parking lot cap from 200 to 250 resulting in 3 different fee increases - rate, volume, and inflation 22 23 NWGA PROPOSAL Spaces MRately Annual I Revenue 24 2010 Residential 19,848 $ 3.22 $ 38.64 $ 766,926.72 58% 100% Res + 50% Collector Projects 25 2010 Non-Residential 37,279 $ 1.23 $ 14.76 $ 550,238.04 42% 100% Arterials +50% Collector Projects 26 State Gas Tax $ - 27 2010 Total $ 1,317,164.76 100% 28 29 2011 Residential 19,848 $ 3.32 $ 39.80 $ 789,934.52 35% 100% Res + 50% Collector Projects 30 2011 Non-Residential 37,279 $ 1.27 $ 15.20 $ 566,745.18 25% 100% Arterials +50% Collector Projects 31 State Gas Tax $ 900,000 40% 32 2011 Total $ 2,256,680 100% 33 34 2012 Residential 19,848 $ 3.42 $ 40.99 $ 813,632.56 35% 100% Res + 50% Collector Projects 35 2012 Non- Residential 37,279 $ 1.30 $ 15.66 $ 583,747.54 25% 100% Arterials +50% Collector Projects 36 State Gas Tax $ 900,000 39% 37 2012 Total $ 2,297,380.09 100% 38 39 The NWGA rate contemplates a maximum 3% annual growth factor and current 200 space cap The NWGA proposal is based on the $2.5M staff request, dedicates the $900,000 in 2011 new state gas tax revenues to offset the SUF, and eliminates the 40 $300k in new ROW spending Small Businesses without parking pay a flat minimum of 5 spaces billed annually ($73). Square Footage formulas prohibited. 41 Small Businesses with parking and vacant space can request a pro -rata reduction in rate (10 spaces x 50% vacancy = 5 spaces) TIGARD SUF WITH 3% GROWTH FACTOR 2004 - 2009 2004 2005 2006 2007 2008 2009 Proposed Rate $ 0.78 $ 0.80 $ 0.83 $ 0.85 $ 0.88 $ 0.90 Annual Inflation Factor 0% 3.0% 3.0% 3.0% 3.0% 3.0% Monthly Cost for 200 max spaces $ 156.00 $ 160.68 $ 165.50 $ 170.47 $ 175.58 $ 180.85 Annual Cost for 200 max spaces $ 1,872.00 $ 1,928.16 $ 1,986.00 $ 2,045.58 $ 2,106.95 $ 2,170.16 % Growth of 2004 Base 0.0% 3.0% 6.1% 9.3% 12.6% 15.9% Total $ for Tigard Streets $ 850,000 $ 875,500 $ 901,765 $ 928,817 $ 956,682 $ 985,382 EXECUTIVE SUMMARY City of Tigard: Proposed Street Maintenance Fee November 15, 2009 Following are results of a city-wide telephone voter survey conducted by VPhones, LLC. The survey was conducted November 11 -12, 2009 among a representative sample of 300 likely voters in Tigard, OR. The potential sampling error is plus or minus 5.32% at the 95% confidence level. Tigard Street Maintenance Fee: Awareness When asked if the respondents had seen, read or heard anything about the proposed fee increases 26% registered any awareness. The majority of respondents, 76 %, were unaware of both the purpose and collection method of the existing street maintenance fee. Q. Over the past few months have you seen, read or heard anything about the proposed Street Maintenance Fee increases being discussed by the Tigard City Council? 100% 90% 80% 72% 70% 60% 50% 40% 30% 26% 20% 10% 2% Oo Yes No Don't Know Tigard Street Maintenance Fee: Support for Roads When provided information about the Tigard Pavement program, the increased costs associated with the program and the need to "maintain a healthy road system, as well as offset increased cost of road repairs," respondents were generally sympathetic to the need to support their community roads. There was a general understanding amongst respondents who provided a definitive opinion that supporting local roads was the entire community's responsibility, and if they were able to afford it, they would be willing to pay a nominal fee to further enhance and maintain Tigard roads. 30% of respondents withheld an opinion of their support/opposition until they knew how much the proposed increase would cost them. Executive Summary November 20, 2009 1 Q. General Message & Need to Maintain Roads: Would you support or oppose an increase in the Street Maintenace Fee? 100% 90% 80% 70% 60% 50% 38% 40% 3396 30% 30% 20% 10% 0% Support Oppose Don't Know Respondents who provided definitive support or oppose opinion were then given an opportunity to provide further reasoning in their own words. Overwhelmingly those who supported an increase in the fees cited the need for better roads and a strong infrastructure. Of those who opposed an increase in the Street Maintenance Fee, the majority expressed concern over timing and the bad economy. Many mentioned they were personally struggling and on a fixed income and simply could not afford higher fees. Others also criticized the City for mismanaging existing funds and felt they could better manage and budget existing money, while others noted that the increases on business seemed excessive and overall higher fees were bad for businesses. Tigard Street Maintenance Fee: Support for Roads but Not For Higher Fees Respondents were surprised to learn of the overall Street Maintenance Fee collections increase from $800,000 to $2.5 million and many reiterated the poor timing and excessiveness of such an increase. While those that supported an increase in the Street Maintenance fee rose slightly from 33% on the generic ballot to 36% after hearing cost specifics, the majority of respondents that opposed an increase in the residential fee grew from 38% to 53 %. This figure accounts for over half of the undecided column from the generic ballot, signaling movement from respondents when provided with how much the proposed fee increases will cost their household. Several comments were also registered from respondents who supported the lower $3 increase but opposed the higher step increase. Executive Summary November 20, 2009 2 Q. Specifics: Raise from $1.28 a month to over $3 a month or about $38 a year in 2010 and over $6 a month or about $75 a year by 2012. Would you support or oppose an increase of the residential street maintenance fee? 100% 80% 60% 53% 36% 35% 40% 21% 18% 20% 1 11% 0% Strongly Somewhat TOTAL Somewhat Strongly TOTAL Don't Know Support Support SUPPORT Oppose Oppose OPPOSE Respondents were far more definitive on their opposition to increasing fees on Tigard's business community. An overwhelming majority, 71 %, opposed an increase on Tigard businesses and felt strongly that now was not the time to raise fees /taxes on business. Many commented on the excessive jump in the maximum charged to Tigard's businesses and expressed concerned about "driving business out of Tigard." Q. Specifics: Raise from maximum of $156 a month or about $1800 a year to over $300 a monthy or $3600 a year by 2010 and $600 a month or $7600 a year by 2012? Would you support or oppose an increase of the business street maintenance fee? 100% 80% - 71% 60% 47% 40% 25% 20% 9% 6% 15% 13% 0% Strongly Somewhat TOTAL Somewhat Strongly TOTAL Don't Know Support Support SUPPORT Oppose Oppose OPPOSE In summary, it is evident that Tigard residents are sympathetic to the need for strong roads and financial support for a maintenance program that is funded above and beyond existing means of supporting infrastructure. However, given the current economic state, Tigard residents are unlikely to support more than a nominal fee increase on both residences and businesses, and even more likely to strongly oppose any significant increase imposed on Tigard's business community. Executive Summary November 20, 2009 3 Agenda Item # Meeting Date December 8, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Conduct the Public Meeting and Consider the Ordinance Withdrawing Property from Tualatin Valley Water District (TVWD) Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: d ISSUE BEFORE THE COUNCIL Shall the City approve the ordinance to withdraw territory from the Tualatin Valley Water District? STAFF RECOMMENDATION Council should conduct the public hearing and consider the attached ordinance to withdraw territory from the Tualatin Valley Water District. KEY FACTS AND INFORMATION SUMMARY Council discussed this item at the November 17, 2009, Council meeting. History: • This area (see map), while located in the Tualatin Valley Water District boundary, was served by the Tigard Water District due to service pressure and flow issues at the time of original development in 1973. • That decision was memorialized in an agreement between Tigard Water District and Metzger Water District. Since that time this area has been taken over by the City of Tigard, and the Tualatin Valley Water District was created from a merger of several districts, including the Metzger Water District. This "house- keeping" administrative action is based on the following: • City and District staff agree to clarify the boundary. • The City Attorney's office has advised staff that using the "withdrawal of territory" process as described in ORS 222.520 is appropriate for Tigard to use for this situation. • The proposed area for withdrawal is currently within the City and is served municipal water by the Tigard Public Works Department. • This area has not received any services from Tualatin Valley Water District (TVWD) since 1973. • This action is proposed to correct the legal description of the area and clarify the existing water utility service boundary. • TVWD Board approved the recommendation to take action to clarify this boundary on September 9, 2009. • There is no impact to any residents or customers of the City or TVWD through this action. OTHER ALTERNATIVES CONSIDERED Council could choose to not adopt the ordinance to withdraw territory from the TVWD. The City will continue to provide water service to this area. CITY COUNCIL GOALS None ATTACHMENT LIST 1) Ordinance withdrawing territory from the Tualatin Valley Water District subsequent to annexation to the City of Tigard including Exhibits A, B -1 and B -2 FISCAL NOTES There is a small cost in administrative and legal fees associated with executing the ordinance. There is no fiscal impact to the City. SUPPLEMENTAL PACKET FOR (DATE OF MEET'' AGENDA ITEM No. 7 D to December 8, 2009 PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AN ORDINANCE WITHDRAWING PROPERTY FROM THE TUALATIN VALLEY WATER DISTRICT (TVWD) Due to Time Constraints City Council May Impose A Time Limit on Testimony ‘;% o� O S s r1 _ 0C1 e rite Testimony Time Limit: • 5 minutes per person AGENDA ITEM No. 7 Date: December 8, 2009 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. r 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. °.1 - t o l /07 Agenda Item # Meeting Date 12/8/09 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Provide Update on 2010 February Special Legislative Session Prepared By: Kent Wyatt Dept Head Approval: City Mgr Approval: g ISSUE BEFORE THE COUNCIL Formalize the City's Legislative priorities for the 2010 Legislative Session. STAFF RECOMMENDATION Review legislative priorities identified by the League of Oregon Cities and priorities suggested by staff. KEY FACTS AND INFORMATION SUMMARY The Oregon Legislature will convene for a month long session in February 2010. Each legislator has one priority bill that they can introduce. The outcome of Measures 66 and 67 will impact the time available to discuss non - budgetary matters. Measures 66 and 67 are two ballot referendums on the January 26, 2010 special election ballot, which propose tax increases on corporations and on wealthy individnals and households to help balance the state's budget. The League of Oregon Cities and city staff has identified preemption of local revenue sources as the main legislative priority. If the tax increases are defeated, a $700 million shortfall will exist in the budget. State shared revenues that assist cities in providing basic services are a likely source to compensate for the lost revenue. Tigard depends on state shared revenues from liquor, cigarette, and 9 -1 -1 telecommunications. OTHER ALTERNATIVES CONSIDERED N /A. CITY COUNCIL GOALS N/A ATTACHMENT LIST N /A. FISCAL NOTES N/A Agenda Item # Meeting Date December 8. 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Consider Tigard Municipal Code Amendments Reflecting Senate Bill 915 Requirements for Civil Penalties for Building Code Violations (� Prepared By: Mark VanDomelen D ept Head Approval: �+ 46 City Mgr Approval: ul ISSUE BEFORE THE COUNCIL Shall the Council approve an ordinance to amend the Tigard Municipal Code (TMC) reflecting Senate Bill 915 (SB915) requirements for civil penalties for building code violations? STAFF RECOMMENDATION Approve the ordinance amending the TMC to comply with the requirements of SB915. KEY FACTS AND INFORMATION SUMMARY New legislation, which is effective January 1, 2010, requires an administrative, rather than judicial, process to challenge civil penalties for building code violations. Council is asked to adopt an ordinance to amend the TMC aligning it with the new legislative requirements. The City Attorney's office has drafted the ordinance to amend the TMC and has worked with the League of Oregon Cities to achieve consistency in the way the new process will be administered throughout the state. The ordinance has an emergency clause because the required January 1st effective date is less than 30 days from the anticipated adoption date. There are no direct costs associated with this recommendation. Any additional staff time required for this new administrative process will be covered by currently budgeted staff. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed ordinance to amend the TMC reflecting Senate Bill 915 (SB915) requirements for civil penalties for building code violations. Attachment 2: Senate Bill 915 FISCAL NOTES N/A I: \LRPLN \Council Materials \ 2009\ 12 -5-09 AIS- Consider TMC Amendments Reflecting Senate Bill 915 Requirements for Civil Penalties for Building Code Violations.docx L ATTACHMENT 1 75th OREGON LEGISLATIVE ASSEMBLY - -2009 Regular Session Enrolled Senate Bill 915 Sponsored by Senator MORSE CHAPTER AN ACT Relating to the regulation of structures. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 455. SECTION 2. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern. (2) If a municipality administers a building inspection program under ORS 455.148 or 455.150, a monetary penalty assessed under the program for a violation must be assessed as a civil penalty. This subsection does not prohibit a municipality from charging a violator an increased permit fee or investigative fee, seeking injunctive relief from a violation or taking any enforcement action that does not include a monetary penalty. This subsection does not limit the terms or conditions of any voluntary agreement for the resolution of a violation. (3) A municipality may not assess a civil penalty for a violation under a building in- spection program unless the municipality provides to the party that is subject to the civil penalty: (a) Notice that: (A) Describes the alleged violation, including any relevant code provision numbers, ordi- nance numbers or other identifying references; (B) States that the municipality intends to assess a civil penalty for the violation and states the amount of the civil penalty; (C) States that the party may challenge the assessment of a civil penalty; and (D) Describes the means and the deadline for informing the municipality that the party is challenging the assessment of the civil penalty; and (b) A municipal administrative process other than a judicial proceeding in a court of law, that affords the party an opportunity to challenge the civil penalty assessment before an individual, department or body that is other than the municipality's building inspector or building official. (4) If the municipality assesses a civil penalty for a violation under a building inspection program, the amount of the civil penalty assessed for the violation may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895. (5) The costs incurred by a municipality in providing notice and administrative process under this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. Enrolled Senate Bill 915 (SB 915 -A) Page 1 SECTION 3. Section 2 of this 2009 Act applies to a civil penalty assessed on or after the effective date of this 2009 Act for a violation occurring before, on or after the effective date of this 2009 Act. Passed by Senate May 4, 2009 Received by Governor: M., , 2009 Secretary of Senate Approved: M., , 2009 President of Senate Passed by House June 2, 2009 Governor Filed in Office of Secretary of State: Speaker of House M., 2009 Secretary of State Enrolled Senate Bill 915 (SB 915 -A) Page 2