Loading...
City Council Packet - 05/08/2012 TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING May 8, 2012 COUNCIL MEETING WILL BE TELEVISED I:IDesign & Communications\Donna\City Councillccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov • . City of Tigard al Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: May 8, 2012 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. Discuss Process for a Potential Vacancy in the Office of Mayor B. Administrative Items • Council Calendar • May 14, 2012 - Budget Committee Meeting - Public Works Auditorium, 6:30 p.m. • May 15 2012 - City Council - Town Hall - Workshop Meeting - 6:30 p.m. • May 22, 2012 - Joint Meeting with Lake Oswego at Lake Oswego, 380 A Avenue; 5:30 p.m. dinner, 6:30 p.m. Joint Meeting • May 24, 2012 - Clean Water Services Tour of Durham Plant - 6 -8 p.m. • June 12, 2012 - City Council - Town Hall - Study Session/Business Meeting - 6:30/7:30 p.m. • June 19, 2012 - City Council - Town Hall - Workshop Meeting - 6:30 p.m. • June 24, 2012 - City Council - Town Hall - Study Session/Business Meeting - 6:30/7:30 p.m. • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING - MAY 8, 2012 A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. - time is estimated A. Follow -up to Previous Citizen Communication B. Tigard High School Student Envoy Courtney Bither 1. Consider a Resolution Acknowledging and Commending Courtney Bither for Her Service as Tigard High School Student Envoy to the City of Tigard. RESOLUTION NO. 12 -16 - A RESOLUTION ACKNOWLEDGING AND COMMENDING COURTNEY BITHER FOR HER SERVICE AS THE TIGARD HIGH SCHOOL ENVOY TO THE CITY OF TIGARD C. Tigard Area Chamber of Commerce - Chief Executive Officer Debi Mollahan D. Citizen Communication — Sign Up Sheet 3. AWARD 2012 "IF I WERE MAYOR" CONTEST WINNER 4. PROCLAMATIONS A. PROCLAIM MAY 6 -12, 2012, AS NATIONAL DRINKING WATER WEEK B. PROCLAIM MAY 6 -12, 2012, AS BE KIND TO ANIMALS WEEK C. PROCLAIM MAY 20 -26, 2012, AS EMERGENCY MEDICAL SERVICES (EMS) WEEK s 5. 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: 8 :05 p.m. - time is estimated A. Approve City Council Meeting Minutes for: • March 20, 2012 • March 27, 2012 • April 17, 2012 B. Receive and File: 1. Council Calendar 2. Tentative Agenda C. Local Contract Review Board: 1. Authorize an Intergovernmental Agreement with Washington County Regarding the Relocation of Water Infrastructure Along Bull Mountain and Roshak Roads • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 6. COUNCIL LIAISON REPORTS 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9. ADJOURNMENT 8:15 p.m. - time is estimated AIS -902 A • Business Meeting Meeting Date: 05/08/2012 Length (in minutes): 20 Minutes Agenda Title: Discuss Process for a Potential Vacancy in the Office of Mayor Submitted By: Cathy Wheatley, Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Information ISSUE Discuss preferences for filling anticipated vacancy of mayor position as of December 31, 2012. STAFF RECOMMENDATION / ACTION REQUEST Decide how to proceed with anticipated vacancy of mayor position as of December 31, 2012. KEY FACTS AND INFORMATION SUMMARY Mayor Dirksen's current term of office expires December 31, 2014. He is running unopposed in the May 15 Primary Election for the office of Metro Council, District 3. If he receives more than 50 percent of the votes cast than any other potential write -in candidate, there will be no election in November for this position. He would be duly elected in May to serve on the Metro Council beginning January 2013. Mayor Dirksen advised the council that he will tender his non - revocable resignation as Tigard Mayor once he receives certified results confirming his election to the Metro Council. His resignation would be effective December 31, 2012, thereby creating a vacancy for the Tigard Mayor's position with two years remaining on the term. At its March 20, 2012, meeting, the Council held a preliminary discussion on options available should such a vacancy in the mayor's office occur. Options include: • Council may appoint an individual to fill the vacancy for all or part of the remaining unexpired term. (January 1, 2013 - December 14, 2014) • Under this scenario an example would be for the council to appoint an individual to serve as mayor pro tem. The appointed mayor pro tem could be a member of the council, which would create a vacancy in a council position. Then the council would need to determine how it would address the council vacancy; i.e., appointment, election, not fill (work as a four - member council), or a combination (appointment, election, leave vacant). • Council may operate as a four - member council for all or part of the remaining unexpired term (December 31, 2012). • Council may call for an election to fill a vacancy on the council if the council can schedule and hold an election at least 12 months before the term expires. Council could hold such an election in September or November 2012; March, May, September or November 2013. For all but the November 2012 election date, there would be about a $38,000 cost for the city to hold such an election. There is no cost to the city for elections held in May or November of even - numbered years. If the Council chooses to hold an election for a council vacancy in November 2012 (the no -cost election), here are some additional details: • The filing deadline for the mayor's position would be August 6, 2012. • The city will also have two council positions up for election on this date since Councilor Henderson's and Councilor Wilson's terms expire at the end of 2012. The filing deadline is August 27, 2012, for the council positions. Attached is resource information, which the council received at its March 20, 2012 meeting: • A March 19 memorandum from City Attorney Ramis reviewing the charter procedure for filling council vacancies. • A March 19 memorandum from City Recorder Wheatley giving the history of how the council addressed filling of council vacancies under the current charter provisions. OTHER ALTERNATIVES Postpone decision until a later date. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION March 20, 2012 Attachments City Attorney Ramis Memorandum - Charter Procedure for Filling Council Vacancies City Recorder Wheatley Memorandum - Mayor /Council Vacancies - History JORDAN RAM I S roc ATTOOMCY{ AT LAW Tigard City Council March 19, 2012 Page 2 2. Take no action The charter does not mandate the filling of a vacancy. It is possible for the Council President to serve as Mayor Pro Tem until the end of the unexpired term. Choosing not to fill the position would be very unusual in these circumstances. Leaving the position vacant might be appropriate in certain situations when the unexpired term is very short, but with two years remaining the decision not to appoint would be difficult to justify. 3. Schedule an election The Council could leave the position vacant until an election could be scheduled to fill the unexpired term. It is possible for the Mayor to submit a letter of resignation, naming a future effective date, thus allowing the Council to call for an early election on a date that would minimize the period of an unfilled vacancy. The Council could also choose to take more time to resolve the matter and set an election at any later date within the unexpired term. 4. Appoint/Schedule an election Under this option, the Council could appoint a person to serve as Mayor until an election could be held to fill the unexpired term. The appointed could be a person who intends to enter the election race or someone who has announced that they will not be a candidate. II. Resignation Issues While the charter does not address the details of a resignation, in the past, the City Council has developed key principals which the present City Council could choose to apply. The context for this discussion is the possibility that a current Council member may wish to become a candidate for Mayor, if an election to fill the vacancy is held. In order for current Council members to be candidates for the Mayoral position if a term filling election is called, they must resign from their current office at the time of filing for the Mayoral position. Such a resignation may not be withdrawn. The letter may provide for a future effective date. The resignation must provide for termination of the signer's service in the office not later than the day before service would begin for the office of Mayor. Damien Hall from the City Attorney's office will be available at the March 20, 2012 Council meeting to address questions related to these matters. 50014 -36799 439057_1 DOCIDRF/3/19/2012 " City of Tigard T I G ARD Memorandum To: Honorable Mayor and City Council From: Cathy Wheatley, City Recorder Re: Mayor /Council Vacancies - History Date: March 19, 2012 At the March 20, 2012, meeting you will have an agenda item before you for a "Preliminary Discussion — Options for Filling a Vacancy on the City Council." In anticipation of this discussion, City Manager Wine asked me to prepare and share with the City Council some historical information on how council vacancies have been handled in the past. Attached is the following information: • Sections 7 and 8 of the Charter — vacancy process is highlighted in yellow. • Review of the situations causing a vacancy on the City Council in 2000, 2002, 2003, and 2007. The current Charter provisions were in effect when these situations occurred. Attachments I: \ adm \cathy \election \election history \memo to council - history - council vacancies.doc JORDAN RAM I S PC ATTORNEYS AT LAW Two Centerpointe Dr 6th Fl Phone: (503) 598 -7070 Lake Oswego OR 97035 Toll Free: (888) 598 -7070 www.jordanramis.com Fax: (503) 598 -7373 LEGAL MEMORANDUM TO: Tigard City Council, City Manager FROM: Tim Ramis DATE: March 19, 2012 CC: Cathy Wheatley and Liz Newton RE: Charter Procedure for Filling Council Vacancies File No. 50014 -36799 At the request of the City Manager, I have prepared a brief summary of the options available to the City Council for filling Council vacancies. This topic is raised by the possible departure of Mayor Dirksen for a position on Metro for which he is a candidate in the November election. I. Filling Mayoral Vacancy The Language of Tigard's charter is notable for its flexibility. Unlike charters which mandate elections or set specific timelines for City Council action to fill vacancies, the Tigard charter gives the Tigard City Council wide latitude to appoint, call for an election or leave the position vacant. Mayor Dirksen's term runs through the end of 2014. If the Mayor were to resign in order to take another elective post beginning January 1, 2013, there would be at least two years remaining in the term. (The exact amount of time left in the term would depend on the effective date of the resignation). If such a resignation occurs, a vacancy will be created and the Council options are as follows: 1. Appoint to fill the unexpired term By majority vote the Council could appoint a person to fill the unexpired term and serve as Mayor until January 1, 2014. The appointment could be of a person who is free to run for election at the end of the unexpired term or the Council could ask a prospective appointee for assurance that the person would not run for the position at the next election. Compliance with the assurance cannot be made binding. 50014 -36799 439057 1.DOCIDRF /3/19/1011 Mayor /Council Vacancies (unexpired terms) Procedures Followed 2000 -2007 Mayor /Council vacancy procedures specified in The City of Tigard Charter, Sections 7 and 8: Section 7. Mayor and Council. The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council. At the general election held in 1990, and every fourth year thereafter, a Mayor shall be elected for a term of four years. No councilor shall serve the City as councilor for more than eight consecutive years, nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office. A resignation submitted to satisfy this section shall not be withdrawn. A resignation shall be adequate for purposes of this section if it provides for the termination of the signer's service in the office not later than the last day before service would begin in the office for which that person seeks to become a candidate. In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term. Such an election shall only take place if the Council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held, it shall be held in accordance with the election laws of the state of Oregon and City ordinances not inconsistent with such election laws. The Council may appoint a person to fill a vacancy until an election can be held. (Res. 93 -63, May 17, 1994 election: Measure 34 -7, May 15, 1990 election: Measure 51, November 4, 1986 election: Measure 51, November 5, 1985 election: Measure 53, November 2, 1982 election: Measure 53, May 18, 1982 election). Section 8. Councilors. The councilors holding office at the time of adoption of this amendment shall hold their offices for the balance of the terms for which they were elected or appointed and until their successors are elected and qualified. At each general election after this amendment takes effect, two councilors shall be elected for four - year terms, with the two candidates receiving the highest number of votes being elected to office. In the event a vacancy exists on the City Council and a special election is called to fill the vacancy as described in Section 7 above, the candidate receiving the highest number of votes in the special election shall be deemed elected for the remainder of the vacant positions term. (Measure 34 -57, November 5, 1996 election, Res. 96 -54; Measure 53, November 2, 1982 election). -1- The current Charter provisions were in effect when the following situations occurred. 2000 Situation — Mayor Jim Nicoll passed away June 30, 2000, creating a vacancy in the position of Mayor. His term expired December 31, 2002. Option the council chose: • Recruit for applicants to serve as Mayor to serve from September 12, 2000, to the March 2001, election. • Established an interview process and interviewed applicants for the mayoral position. Selected Jim Griffith who served as the appointed Mayor until March 2001. In March 2001, Jim Griffith successfully ran to finish the remainder of Jim Nicoli's term (December 31, 2002). Procedures guided by Charter: • Allowed to appoint until next available election date. 2002 Situation — Councilor Joyce Patton moved to City of Beaverton in August 2002. Her term was due to expire December 31, 2002. Option the council chose: • Council operated as a four- member council until the end of the year. • Councilor Sherwood was elected in November to begin the full term for this position in January 2003. Procedures guided by Charter: 1. No election can be held if there is less than one year of the unexpired term remaining. 2. Council may (not shall) appoint an individual to fill a vacancy. -2- 2003 Situation: Mayor Jim Griffith passed away in November 2003. Option the council chose: • Council President Craig Dirksen was appointed as Mayor to serve from January 13, 2004 until December 31, 2004. (Resolution No. 04-01) • Election was held on November 2, 2004, for the election of a Mayor to complete Mayor Griffith's term of office from January 2005 through December 2006. (Mayor Dirksen was elected for the remainder of the term.) • With the appointment of Councilor Dirksen to the office of Mayor for one year (2004), this left a City Council vacancy. The Council was also without a Council President. • Council members selected Councilor Nick Wilson to serve as Council President until December 31, 2004. • Council held an application and interview process and on February 24, 2004, selected Tom Woodruff to serve as City Councilor until December 31, 2004. (Councilor Woodruff subsequently successfully ran for office in November 2004 for the full four -year term, January 2005 through December 2008.) Procedures guided by Charter: 1. Appointment made for mayor's position for one year since the Charter gives Council discretion to appoint or call for an election. Council decided to do both by appointing Craig Dirksen to serve for one year and calling for an election for the last two years remaining on the late Mayor Griffith's term of office. 2. With less than one -year remaining on the term Councilor Dirksen vacated to become the appointed mayor, the City Council had the option of operating as a four- member council or appointing a City Councilor to complete the unexpired council position. The City Council chose to appoint Tom Woodruff. Because there was less than one year remaining on the term vacated by Dirksen, the City Council did not have the option of calling for an election. 2007 Situation — Councilor Sally Harding resigned April 24, 2007, to move to the east coast. Her term expired December 31, 2008. Option the Council chose: • Appointed Nick Wilson to serve until an election could be held in November 2007. • In November, 2007, Nick Wilson successfully ran to serve until December 31, 2008 (date of expiration for Harding's term). Procedures guided by Charter: 1. City Council may appoint a councilor. 2. City Council may call for a councilor candidate election if more than one year remains on the unexpired term. -3- r Note the council could have chosen from these options: • The City Council could have appointed a councilor to serve until December 31, 2008, rather than calling for the election. • The City Council could have operated as a four- member council from April 2007 to December 31, 2008. • The City Council could have operated as a four- member council until the next available election dates of September 18, 2007 or November 6, 2007. -4- Date of: April 30, 2012 SUPPLEMENTAL PACKET From: Councilman Marland Henderson FOR To: Fellow Mayor and Councilors (DATE OF MEETING) v Cc: City Manager, City Attorney, City Recorder Re: Interim - Mayoral Appointment L%1 - 6k7 OJro c Dear Mayor and Council Members, I am writing for your total support in endorsing a resolution that would approve of me for the remaining term as Tigard's Interim -Mayor for the apparent vacancy of Tigard's City Mayor. This is provided that the Mayor, Craig Dirksen, accepts the uncontested candidacy position for Portland's METRO Council position and resigns as Mayor of the City of Tigard as it would be required on or after May 15, 2012. This nomination will carry several conditional clauses; a) The position is for the remainder of the term mentioned above and would disqualify my ability to run for reappointment thereafter as Mayor. b) After the two years as Interim -Mayor I would be permitted to serve my remaining second term as City Councilor if elected. c) Effected immediately I would be allowed to start mirroring Mayor's responsibilities as to create permanence of service. I propose that this action is the most responsible because; • Our 2012 -2013 budget has great challenges and needs senior leadership continuity. • Our new city manager needs the greatest support possible from our future Mayor. • Two years will allow an adequate transition time for a new mayor. For the above referenced reasons and more I encourage you to take a look at this proposal from all avenues and directions. The circumstances are not as simple as it may appear especially if you are trying to compare them. Any other choice for resolving this importance appointment will take more time from all- will be more expensive for all - create more stress for all and for its continuity I'm sure you will agree that from a standpoint of Experienced Leadership, Best Practices and what was best for Tigard my appointment will be the right choice to resolve this unfortunate exchange in leadership. Thank you for your consideration, cooperation and support, Councilor Henderson, City of Tigar 0/ 3 =ss�{ WOODRUFF WILSON APPOINTED ELECTED ELECTED ELECTED 1 2 3 4 5 6 7 8 9 10 January 13, 2004 1 February 1, 2004 2 March 1, 2004 3 April 1, 2004 4 May 1, 2004 5 SUPPLEMENTAL-PACKET June 1, 2004 6 July 1, 2004 7 CM ► FAVA 1 *7 August 1, 2004 8 September 1, 2004 9 ThUEIGENIEETIIST_G October 1, 2004 10 November 1, 2004 11 December 1, 2004 12 January 1, 2005 1 1 February 1, 2005 2 March 1, 2005 3 - April 1, 2005 4 May 1, 2005 5 _ June 1, 2005 6 July 1, 2005 7 August 1, 2005 8 September 1, 2005 9 October 1, 2005 10 November 1, 2005 11 December 1, 2005 _ 12 January 1, 2006 2 13 February 1, 2006 14 March 1, 2006 15 April 1, 2006 16 May 1, 2006 17 June 1, 2006 18 July 1, 2006 19 August 1, 2006 20 September 1, 2006 21 October 1, 2006 22 November 1, 2006 23 December 1, 2006 _ 24 January 1, 2007 3 25 February 1, 2007 26 March 1, 2007 27 April 1, 2007 28 SALLY May 1, 2007 29 June 1, 2007 30 July 1, 2007 31 August 1, 2007 32 September 1, 2007 _ 33 _ October 1, 2007 34 November 1, 2007 _ 35 December 1, 2007 _ 36 January 1, 2008 4 37 February 1, 2008 38 March 1, 2008 _ 39 April 1, 2008 40 May 1, 2008 41 June 1, 2008 42 July 1, 2008 43 August 1, 2008 _ 44 September 1, 2008 _ 45 October 1, 2008 _ _ 46 November 1, 2008 47 December 1, 2008 48 January 1, 2009 5 _ 49 February 1, 2009 _ 50 March 1, 2009 51 April 1, 2009 _ _ 52 May 1, 2009 53 June 1, 2009 _ 54 July 1, 2009 55 August 1, 2009 _ 56 September 1, 2009 57 October 1, 2009 58 November 1, 2009 59 December 1, 2009 60 January 1, 2010 6 61 February 1, 2010 62 March 1, 2010 63 April 1, 2010 64 - May 1, 2010 65 June 1, 2010 66 July 1, 2010 67 August 1, 2010 68 September 1, 2010 69 October 1, 2010 70 November 1, 2010 71 December 1, 2010 72 - January 1, 2011 7 73 February 1, 2011 74 March 1, 2011 75 _ April 1, 2011 76 May 1, 2011 77 June 1, 2011 78 July 1, 2011 _ 79 August 1, 2011 80 _ September 1, 2011 81 October 1, 2011 82 November 1, 2011 83 December 1, 2011 _ 84 January 1, 2012 8 85 February 1, 2012 86 March 1, 2012 87 April 1, 2012 88 May 1, 2012 89 June 1, 2012 90 July 1,2012 91 August 1, 2012 92 September 1, 2012 93 October 1, 2012 94 November 1, 2012 95 December 1, 2012 _ 96 January 1, 2013 9 97 February 1, 2013 98 March 1, 2013 99 April 1, 2013 100 May 1, 2013 101 June 1, 2013 102 July 1, 2013 103 August 1, 2013 104 September 1, 2013 105 October 1, 2013 106 November 1, 2013 107 December 1, 2013 _ 108 January 1, 2014 10 109 February 1, 2014 110 March 1, 2014 111 _ April 1, 2014 112 May 1, 2014 113 June 1, 2014 114 July 1, 2014 115 August 1, 2014 116 September 1, 2014 117 October 1, 2014 118 November 1, 2014 119 December 1, 2014 120 AIS -910 2. B. 1. Business Meeting Meeting Date: 05/08/2012 Length (in minutes): 5 Minutes Agenda Title: Consider a Resolution Acknowledging and Commending Courtney Bither for Her Service as Tigard High School Student Envoy to the City of Tigard Submitted By: Cathy Wheatley, Administrative Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Information ISSUE Shall Council approve a Resolution acknowledging and commending Courtney Bither for her service as the Tigard High School Student Envoy to the City of Tigard. STAFF RECOMMENDATION / ACTION REQUEST Motion to approve resolution. KEY FACTS AND INFORMATION SUMMARY Tigard High School Associated Student Body Activities Director has ably performed as Tigard High School Student Envoy to the Tigard City Council by attending Council meetings and reporting on school activities and milestones. At the end of the school year, council has traditionally considered a resolution acknowledging the envoy for his or her service. This is Courtney's last meeting as she will be graduating on June 8, 2012. OTHER ALTERNATIVES COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION N/A Attachments proposed Resolution Cou n Ci t • . s /C /ao)� SUPPLE ENTAL PACKET H igh School a FOR • a • - 100 SW Durham Rd. • Tigard • Oregon • 97224 (DATE 0 MEETING) (503) 431 -5518 May 8, 2012 Student Envoy: Courtney Bither Activities 1. Prom was on April 28 and was a big success at the Portland Art Museum. 2. Leadership elections for ASB and Class just took place and there is a parent info meeting on Thursday. 3. NHS elections also happened this past week. 4. The PSO annual auction took place on Saturday with a Cinco de Mayo theme. 5. The Sparrow Bowl takes place on May 18` and will be a flag football competition with students and staff to raise money for our sparrow, Junior. Shirts are still on sale for $8 and admission is $2 the night of. Athletics 1. Boys played TuHS last Friday and girls played Jesuit on Thursday in lacrosse. 2. Track is having meets and is gearing up for districts. 3. Tennis just had matches last week against Hilhi, softball and baseball are against Newberg this week and golf has a tournament on Wednesday. 4. Tigerette tryouts are happening right now! And will continue Wednesday of this week. Arts 1. Seussical had its first three shows Friday, Saturday and Sunday. There are also 4 more shows this weekend Thurs, Fri and Sat nights with a matinee on Saturday as well. Tickets are $10. 2. The senior art show is in the works! 3. We had 3 students with pieces in the 30 annual Ceramic Showcase this past weekend in the high school gallery. Academics 1. ACT testing was the last week of April. 2. lB testing is in it's second week — two more weeks and we're done! SUPPLEM NTAL PACKET up COMING EVEN FOR 001"" r 5 -_ -'r A TE OF MEETING) Cou.nc l "/& 56Jao /0 1 Good Morning Tigard (GMT) — Business Networking — 7:30- 9 :00am - FREE • 5/10/12 — Tigard Area Farmers Market • Hosted at Young's Funeral Home Parking Lot, Corner of 99W and Warner St. • 5/17/12 — Fred Meyer Jeweler's Washington Square • Their location • 5/24/12 — Pacific Residential Mortgage — Tim McBratney • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR • 5/31/12 — Time to Travel - TBD • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR or TBD Other Chamber Events Lunch Local — No Host Lunch, 2nd & 4 Wed of each month 11:45 a.m. to 1 p.m. • May 9th Davidson's T'' 1 ' A ' D • May 23rd China Sky - King City • June 13th Sonic - Pacific Hwy • June 27th Cheesecake Factory Farmer's Market Opens, Sunday May 13 2012, Young's Funeral Home Parking Lot, 9 a.m — 2 p.m. v r Ht , &a — - 44,..a.,_ ' U �,, -�,� MARKF,T wLCI ok rn - G ROW. GATHER. GIVE. �/ V� !a�� No+2 ? ,,,a-u__ bzac,,l r _ ick 154 ma* w e h Joint Speed Networking— 07/26/12 @ Embassy Suites— 7:00 — 9:00 am vVvl/n/ trda /X-e4 a TACC Annual Emily Bohart Golf Tournament — 10/8/12 at Langdon Farms Golf Course PILvA See our website for more details http: / /www.tigardchamber.org /site /ShiningStars.php For more about these and other events, go to www.tigardchamber.org /site /directory /events To sign up for our newsletter, e-mail info @tigardchamber.org and put newsletter in the subject line TU ARD AREA oppowv , TIP III f' `°°": W X� SOtt,Y� F us on Face book AIS -836 3 • Business Meeting Meeting Date: 05/08/2012 Length (in minutes): 10 Minutes Agenda Title: Award 2012 "If I Were Mayor" Contest Winner Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Information ISSUE Present award to Matisse Perry, a student at Nancy Ryles Elementary school for her winning poster entry in the 2012 Oregon Mayors Association (OMA) and Oregon Afterschool for Kids (Oregon ASK) "If I Were Mayor, afterschool would be..." student contest. STAFF RECOMMENDATION / ACTION REQUEST Present gift card and comment on winning submission. KEY FACTS AND INFORMATION SUMMARY Between March land April 20, 2012, Mayor Craig Dirksen invited all Tigard students between grades four and twelve to enter the 2012 "If I Were Mayor, afterschool would be..." student contest sponsored by the Oregon Mayors Association and Oregon Afterschool for Kids. On April 24, 2012, Mayor Dirksen selected one winner in each of the three categories, which will be forwarded to the OMA for entry in the statewide competition for new laptop computers. Elementary School Poster: Matisse Perry, 4th Grade Middle School Essay: None submitted this year High School Video/PowerPoint: None submitted this year The local winner in each category receives a $50 VISA gift card from the City of Tigard. Statewide winners will be notified along with their Mayor in mid -July. The statewide winners and their parents will be invited to attend the OMA Summer Conference in Florence at the Driftwood Shores Resort on July 28, 2012 where they will be recognized at an annual luncheon and receive their prize. Statewide winners and any honorable mentions will be selected by the OMA Selection Committee consisting of the OMA Executive Board plus two mayors and a representative from Oregon ASK. OTHER ALTERNATIVES Not participate in the contest. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION Mayor Dirksen and the City of Tigard has hosted a contest each year since 2006. Fiscal Impact Cost: 55.95 Budgeted (yes or no): yes Where Budgeted (department/program): 100 -0500 Additional Fiscal Notes: Each $50 Visa gift card is charged a $5.95 fee by issuing agency. Attachments 2012 Winning Poster Entry '.,, 'IP - Idi -441:91"'Ig r iiiiii: il ' ''' 4 E r x _ 4.1 /1 .1 • / „ ........ C 4 , ., - 4, — . , " IA 1 N , (, i , A • q' S A r '� f r �a AIS -852 4. A. Business Meeting Meeting Date: 05/08/2012 Length (in minutes): 5 Minutes Agenda Title: Proclaim May 6 -12, 2012 National Drinking Water Week Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Proclamation Information ISSUE Shall City of Tigard Mayor Dirksen issue a joint proclamation with City of Lake Oswego Mayor Hoffman proclaiming May 6 -12, 2012, as National Drinking Water Week? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the proclamation of National Drinking Water Week. KEY FACTS AND INFORMATION SUMMARY The National Drinking Water Alliance seeks to promote the value of drinking water. as a means to accomplish this goal, the alliance established a major annual education campaign around National Drinking Water Week. In August 2008, the cities of Tigard and Lake Oswego formed a water partnership and this joint proclamation is symbolic of the many ways the cities are working together to meet the future drinking water needs of both communities. OTHER ALTERNATIVES n/a COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2012 Council Goal #1 Take the Next Step on Major Projects a. Continue oversight of design, permits, rate implementation and costs for the Lake Oswego *Tigard Water Partnership. DATES OF PREVIOUS COUNCIL CONSIDERATION April 26, 2011 Attachments National Drinking Water Week Proclamation `PK , ..._ am:,____, National Drinkin g Water Week Ma y 6-12, 2012 WHEREAS, water is our most valuable natural resource; and WHEREAS, only tap water delivers public health protection, fire protection, support for our economy and the quality of life we enjoy; and WHEREAS, any measure of a successful society—low mortality rates, economic growth and diversity, productivity, and public safety —are in some way related to access to safe water; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, the citizens of our communities are called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues; NOW, THEREFORE, BE IT RESOLVED that by virtue of the authority vested in us as mayors of our two cities, we do hereby proclaim May 6-12, 2012, as National Drinking Water Week. Mayor Jack Hoffman, City of Lake Oswego Mayor Craig Dirksen, City of Tigard Date Date i C ' ,f LAKE Lake Oswego • Tigard OsWEGO Water Partnership O R E G O N 56anng wafer coon. my COg , t e5 h :, J l ,= ^ �s L - k.. �- k...- ,) Lf .. L- - + AIS -878 4• B. Business Meeting Meeting Date: 05/08/2012 Length (in minutes): 5 Minutes Agenda Title: Proclaim May 6 -12, 2012 Be Kind to Animals Week Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Proclamation Information ISSUE Should the Mayor proclaim May 6 -12 as Be Kind to Animals Week? STAFF RECOMMENDATION / ACTION REQUEST n/a KEY FACTS AND INFORMATION SUMMARY The American Humane Society's 'Be Kind to Animals Week" has been celebrated nationally, every year since 1915. It is set aside to commemorate the role animals play in our lives, promote their humane treatment and encourage others, especially children, to do the same. OTHER ALTERNATIVES Not issue the proclamation. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Tigard has issued this proclamation every May since 2002. Attachments Be Kind to Ani mals Week v - I, 4 A= . 4 ,. = k ). ( S ..w. ., v I� . ' / % ,fir ( ,:r . � � ;( . , , / 7 / \ / /r, / / ,, •, _ city of Tigard ' .4. - d BE KIND TO ANIMALS WEEK , ' } May 6 -12, 2012 WHEREAS, Oregonians benefit tremendously from our animal friends, who give us .r companionship and great pleasure in our daily lives; and 4 . WHEREAS, we have a firm responsibility to protect these fellow creatures from need, pain, fear and suffering; and w WHEREAS, we recognize that teaching attitudes of kindness, consideration and respect ',* for all living things through humane education in the schools and the community helps to >' provide the basic values on which a humane and civilized society is built; and -‹ WHEREAS, we are deeply indebted to the Oregon Humane Societies for more than 100 years of invaluable service in caring for homeless animals, instilling humane values in our children through education programs, and promoting a true working spirit of kindness and consideration for animals in the hearts and minds of all people; and ..yam :s, WHEREAS, we depend greatly upon our animal control agencies, veterinarians and other '; organizations that provide humane care for animals; and WHEREAS, May 6 -12, 2012 is set aside nationwide to observe the philosophy of ; kindness to animals. ` NOW THEREFORE BE IT RESOLVED THAT I, Mayor Craig Dirksen of the City of v. Tigard, Oregon, do hereby proclaim the week of May 6 -12, 2012 as .,,,-- BE KIND TO ANIMALS WEEK ;,' ,,` in Tigard, Oregon and urge our citizens, businesses and organizations to join in this " " observance. ., t ' ,i0 r4 Dated this day of , 2012. i , ''; IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City .. ' of Tigard to be affixed. . . Craig E. D Mayor " City of Tigard Ik,; :. Attest: City Recorder AIS -909 4. C. Business Meeting Meeting Date: 05/08/2012 Length (in minutes): 5 Minutes Agenda Title: Proclaim May 20 -26, 2012 Emergency Medical Services (EMS) Week Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Proclamation Information ISSUE Shall Mayor Dirksen proclaim May 20 -26, 2012 as Emergency Medical Services (EMS) Week? STAFF RECOMMENDATION / ACTION REQUEST Issue the proclamation honoring these public servants. KEY FACTS AND INFORMATION SUMMARY National Emergency Medical Services Week brings together local communities and medical personnel to publicize safety and honor the dedication of those who provide the day -to -day lifesaving services of medicine's "front line." This year's theme is "EMS: More Than A Job. A Calling." OTHER ALTERNATIVES Don't issue the proclamation. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION Council issued this proclamation last May - and in previous Mays for many years. Attachments Proclaim EMS Week • i r '( // / 1 - / / , I // City of 1lprd EMERGENCY MEDICAL SERVICES WEEK rt , May 20 -26, 2012 - WHEREAS, Emergency Medical Services is a vital service to the community, the members of emergency medical service teams are ready to provide lifesaving care to those in need 24 -hours a day, seven days a week; and WHEREAS, Access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, The emergency medical services system includes emergency physicians, G c emergency nurses, emergency medical technicians, paramedics, firefighters, educators and administrators; and WHEREAS, Career and volunteer emergency medical service team members enhance " their lifesaving skills by completing thousands of hours of specialized training and continuing education; and WHEREAS, Tigard residents benefit daily from the knowledge and skill acquired by these highly trained individuals. It is appropriate to recognize the value and accomplishments of emergency medical service providers by designating Emergency Medical Services Week. NOW THEREFORE BE IT RESOLVED THAT I, Craig E. Dirksen, Mayor of the City of Tigard, Oregon, do hereby proclaim the week of May 20 -26, 2012 as r { EMERGENCY MEDICAL SERVICES WEEK M: in Tigard, Oregon and encourage people throughout the city to honor these brave men and women for a job well done. is K . Dated this day of , 2012. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the • City of Tigard to be affixed. Craig E. Dirksen, Mayor City of Tigard Attest: `` E ' City Recorder i AIS -900 S. A. Business Meeting Meeting Date: 05/08/2012 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Cathy Wheatley, Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval. (Dates of meetings are listed under "Attachments" below.) OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments March 20. 2012 City Council Minutes March 27. 2012 City Council Minutes April 17. 2012 City Council Minutes Lam-. AIS -911 5. B. Business Meeting Meeting Date: 05/08/2012 Length (in minutes): Agenda Title: Receive and File: Council Calendar and the Tentative Agenda Submitted By: Cathy Wheatley, Administrative Services Item Type: Receive and File Meeting Type: Consent Agenda Information ISSUE Receive and File: Three -Month Council Calendar and the Tentative Agenda STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY N/A OTHER ALTERNATIVES N/A COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION N/A Attachments Three -Month Council Calendar Three -Month Council Tentative Agenda Agenda Item No For Agenda of May 8, 2012 11111 :1111 IN • MEMORANDUM TIGARD TO: Honorable Mayor & City Council /City Center Development Agency Board FROM: Cathy Wheatley, City Recorder RE: Three -Month Council /CCDA Meeting Calendar DATE: May 1, 2012 May 1 Tuesday City Center Development Agency — 6:30 p.m., Red Rock Creek Conference Room 7 Monday Budget Committee Meeting — 6:30 p.m., Public Works Auditorium 8* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 14 Monday Budget Committee Meeting — 6:30 p.m., Public Works Auditorium (if needed) 15* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 22 Tuesday Joint Meeting with Lake Oswego Council at Lake Oswego, 380 A Avenue; 5:30 p.m. dinner; 6:30 p.m. Joint Meeting 24 Thursday Clean Water Services Tour of Durham Plant (evening — time to be announced) June 5 Tuesday City Center Development Agency — 6:30 p.m., Red Rock Creek Conference Room 12* Tuesday Council Business Meeting -- 6:30 p.m., Town Hall 20* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 19* TuesdayCouncil Business Meeting — 6:30 p.m., Town Hall July 3 Tuesday City Center Development Agency — 6:30 p.m., Red Rock Creek Conference Room 10* Tuesday Council Business Meeting -- 6 :30 p.m., Town Hall 17* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 23 Monday Budget Committee Meeting — 6:30 p.m., Public Works Auditorium 24* Tuesday Council Business Meeting — 6:30 p.m., Town Hall Regularly scheduled Council meetings are marked with an asterisk ( *). I: \adm \dry council \council calendar \3 -month calendar for c mtg 120508.doc Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 4/30/2012 4:40 PM - Updated Form Meeting Submitted Meeting Inbox or Date By Type Title Department Finalized i it 789 05/07/2012 Carol AAA Budget Committee Meeting - Public Works Auditorium City 02/01/20121 Krager Management . II 577 05/08/2012 Cathy AAA May 8, 2012 Business Meeting I Wheatley I —. -- II '>i i2 05/08/2012 Cathy CCSTUDY 45 Minutes - Discuss Election Process for a Potential Vacancy in the Administrative 04/27/2012 Wheatley Office of Mayor Services 904 05/08/2012 Greer ACONSENT Consent Item - Authorize an Intergovernmental Agreement with Public Works 04/27/2012 Gaston Washington County Regarding the Relocation of Water Infrastructure Along Bull Mountain and Roshak Roads I - - - - II 836 05/08/2012 Joanne CCBSNS 1 10 Minutes - Award 2012 "If I Were Mayor" Contest Winner City 04/27/20121 Bengtson Management 852 05/08/2012 Joanne CCBSNS 2 5 Minutes - Proclaim May 6 -12, 2012 National Drinking Water Week City 03/13/20121 Bengtson Management 878 05/08/2012 Joanne CCBSNS 3 5 Minutes - Proclaim Be Kind to Animals Week City 04/10/20121 Bengtson Management 909 05/08/2012 Joanne CCBSNS 4 5 Minutes - Proclaim May 20 -26, 2012 EMS Week City 04/27/20121 Bengtson Management Total Time: 25 of 110 minutes have been scheduled -- — — II I Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting g Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 4/30/2012 4:40 PM - Updated 791 05/14/2012 Carol AAA Budget Committee Meeting - Public Works Auditorium (If City Management 02/01/2012 Krager needed) I II 578 05/15/2012 Cathy AAA May 15, 2012 - Workshop Meeting Wheatley I II 693 05/15/2012 Judith Gray CCWKSHOP 60 Minutes - High Capacity Transit Land Use Plan Community Gray J, Sr Presentation - Joint Session with Planning Commission Development Transportation Planner 901 05/15/2012 Ron Bunch CCWKSHOP45 Minutes - Outline of River Terrace Community Plan Community Bunch R, CD Director I Development 907 05/15/2012 Greer CCWKSHOP 30 Minutes - Briefing on the Lake Oswego- Tigard Water Public Works Koellermeier D, Gaston Partnership Public Works Dir Total Time: 135 of 180 minutes have been scheduled I II 579 05/22/2012 Cathy AAA May 22, 2012 - Joint Meeting with Lake Oswego (Dinner Wheatley 5:30; Meeting at 6:30) - Council Chambers - 380 A Avenue, Lake Oswego 97034 I - II 796 06/05/2012 Cathy AAA CCDA - June 5, 2012 Wheatley I II Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 4/30/2012 4:40 PM - Updated 580 06/12/2012 Cathy AAA June 12, 2012 - Business Meeting Wheatley -- — -- — — -- II I 835 06/12/2012 John Floyd ACCSTUDY 20 Minutes - Review of a Draft Intergovernmental Floyd J, Associate Agreement with Clean Water Services Regarding Land Use Planner Issues and the Durham Treatment Plant 846 06/12/2012 Greer ACCSTUDY 10 Minutes - Briefing on Intergovernmental Agreement Public Works Gaston G, Conf Gaston with Oregon Department of Transportation Regarding Executive Asst Maintenance of Main Street Gateways and Fanno Creek Trail 860 06/12/2012 Greer ACCSTUDY 15 Minutes - Executive Session - Legal Counsel Public Works Gaston G, Conf Gaston Executive Asst 891 06/12/2012 Loreen ACCSTUDY 20 Minutes - Exec Session - Pending Lit 04/09/2012 Mills I I 84 06/12/2012 Greer ACONSENT Consent Item - Authorize an Intergovernmental Public Works Gaston G, Conf Gaston Agreement with Oregon Department of Transportation Executive Asst Regarding Maintenance of Main Street Gateways and Fanno Creek Trail j 06/12/2012 Joanne ACONSENT Consent Item - Award of contract for monthly Cityscape City Bengtson J, Exec Bengtson newsletter printing Management Asst to City Mgr 905 06/12/2012 Greer ACONSENT Consent Item - Receive and File Staff Report on Hall Public Works McCarthy M, Gaston Boulevard Jurisdiction St /Trans Sr Proj Eng 906 06/12/2012 Greer ACONSENT Consent Item - Receive and File the 2011 Annual Solid Public Works Gaston G, Conf Gaston Waste Financial Report Executive Asst I - - ---- — -- — II I 3 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 4/30/2012 4:40 PM - Updated 701 06/12/2012 Steve CCBSNS 1 30 Minutes - Conduct a Public Hearing to Consider a Resolution Public Works Gaston G, Conf Martin Adopting Park System Development Charge (SDC) Methodology and Executive Asst Decide How to Implement Updated SDCs 612 06/12/2012 John CCBSNS 2 15 Minutes - Approve Ordinance to Amend Title 12 - Water and Public Works Goodrich 3, Goodrich Sewer Utility Div Manager 864 06/12/2012 Liz Lutz CCBSNS 3 5 Minutes - Resolution Certifying that the City of Tigard Provides Financial and Lutz L, Conf Services Qualifying for State Shared Revenues Information Exec Asst Services 865 06/12/2012 Liz Lutz CCBSNS 4 5 Minutes - Resolution Declaring the City's Election to Receive Financial and Lutz L, Conf State Revenue Sharing Information Exec Asst Services 866 06/12/2012 Liz Lutz CCBSNS 5 10 Minutes - Resolution Adopting the Citywide Master Fees and Financial and Lutz L, Conf Charges Schedule, Which Replaces Resolution 11 -22 and All Information Exec Asst Subsequent Amendments to Date Services 867 06/12/2012 Liz Lutz CCBSNS 6 15 Minutes - Public Hearing - Adopting the Budget, Making Financial and Lutz L, Conf Appropriations, Declaring the Ad Valorem Tax Levy, and Classifying Information Exec Asst the Levy As Provided Services 868 06/12/2012 Liz Lutz CCBSNS 7 5 Minutes - Public Hearing - Adopting the City Center Financial and Lutz L, Conf Development Agency Fiscal year 2012 -2013 Budget, Making Information Exec Asst Appropriations, and Imposing and Categorizing Taxes Services ItTotal Time: 85 of 110 minutes have been scheduled 4 lice: Meeting Banner ❑ business Nleeting ❑ Study Session ❑ Spacial \IcetinLi ❑ Consent Agenda ❑ \leering is full p Workshop Meeting ❑ City Council Tentative Agenda 4/30/2012 4:40 PM - Updated 581 06/19/2012 Cathy AAA June 19, 2012, Workshop Meeting I Wheatley l- • II 808 06/19/2012 Greer Gaston CCWKSHOP 30 Minutes - Council Direction on a Concept Design for Public Works McCarthy M, Pacific Highway /McDonald /Gaarde Intersection St /Trans Sr Proj Eng Improvements 810 06/19/2012 Greer Gaston CCWKSHOP 10 Minutes - Capital Improvement Plan Update Public Works Gaston G, Conf Executive Asst 869 06/19/2012 Gary CCWKSHOP45 Minutes - Re- evaluate the City's Annexation Policy - Community Pagenstecher G, Pagenstecher Background Report and Discussion Development Assoc Planner I Total Time: 85 of 180 minutes have been scheduled I I 582 06/26/2012 Cathy AAA June 26, 2012, Business Meeting I Wheatley I- I 855 06/26/2012 Greer Gaston ACCSTUDY 20 Minutes - Discussion on Park Naming Procedure Public Works Gaston G, Conf I Executive Asst [887 06/26/2012lGreer Gaston ACCSTUDY 5 Minutes - Executive Session Real Property Transcations 04/11/2012 II F892 06 /26 /2012[Loreen Mills ACCSTUDY 20 Minutes - Exec Session - Pending Lit 04/09/2012 II I - 11 886 06/26/2012 Greer Gaston CCBSNS 10 Minutes - Property Acquisition (Purchase or Public Works Gaston G, Conf Condemnation) for the Lake Oswego- Tigard Water Executive Asst Partnership Project I. _ _. .__ __� ___. — _ — ..._ —.—HI '797 07/03/2012 Cathy AAA CCDA July 3, 2012 i I Wheatley , ____. __— — --H 07/10/2012 Cathy AAA July 10, 2012, Business Meeting I Wheatley I Total Time: 20 of 110 minutes have been scheduled 5 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 4/30/2012 4:40 PM - Updated 811 07/10/2012 Cathy AAA Meeting Date: 7/10/2012 I Absences to Note: I Wheatley Location: Tigard City Hall 472 07/10/2012 Todd Prager CCBSNS 20 Minutes - Review Urban Forestry Code Revisions Community Prager T, Assoc I Decision Making Process Development Planner /Arborist Total Time: 20 of 110 minutes have been scheduled I _ — _ — II 812 07/17/2012 Carol Krager AAA Meeting Date: 07/17/2012 I Absences to Note: I Location: Tigard City Hall • 876 07/17/2012 Judith Gray CCWKSHOP45 Minutes - Joint Meeting with Tigard Community Gray J, Sr Transportation Transportation Advisory Committee Development Planner Total Time: 45 of 180 minutes have been scheduled I _ _.. I 813 07/24/2012 Carol Krager AAA Meeting Date: 07/24/2012 I Absences to Note: I I Location: Tigard City Hall I _ w - _ 11 608 07/24/2012 Todd Prager CCBSNS 90 Minutes - Legislative Public Hearing - Urban Community Prager T, Assoc Forestry Code Revisions Development Planner /Arborist Total Time: 90 of 110 minutes have been scheduled 6 AIS -904 5• C. 1. Business Meeting Meeting Date: 05/08/2012 Length (in minutes): Consent Item Agenda Title: Authorize an Intergovernmental Agreement with Washington County Regarding the Relocation of Water Infrastructure Along Bull Mountain and Roshak Roads Prepared For: Rob Murchison Submitted By: Greer Gaston, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE Shall the council authorize the mayor to sign an intergovernmental agreement (IGA) with Washington County regarding the relocation of water infrastructure along Bull Mountain and Roshak Roads? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council authorizes the IGA. KEY FACTS AND INFORMATION SUMMARY Background • This summer the county plans to construct improvements at the intersection of Bull Mountain Road and Roshak Road. The intersection will be reconfigured to address safety, sight distance and traffic capacity issues. Bike lanes and sidewalks will also be installed. • City water lines, valves and meters are located in the rights -of -way along Bull Mountain and Roshak Roads. Due to the upcoming intersection improvements, this water infrastructure must be relocated. • In the area of Bull Mountain and Roshak Roads, the city operates its infrastructure through a permit issued by the county. Under the permit, the county can require the city's infrastructure be relocated. • The county has offered to incorporate the water infrastructure relocation into its intersection improvement project. Combining this work will likely result in a lower project cost to the city, fewer traffic interruptions and a shorter construction window. Summary of the IGA If approved, the relocation of the city's water infrastructure: • Would be incorporated into the county's Bull Mountain/Roshak intersection project. • Would be designed and constructed to city standards, with the city having final authority over this portion of the project. • Would cost the city up to $17,388. The IGA was reviewed by the city attorney's office. OTHER ALTERNATIVES The council could choose not to authorize this agreement and could provide direction on some other course of action to relocate the water infrastructure. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS None DATES OF PREVIOUS CONSIDERATION None Fiscal Impact Cost: Up to $17,388 Budgeted (yes or no): Yes Where Budgeted (department/program): Water System Capital Improvement Plan Additional Fiscal Notes: Two hundred thousand dollars has been allocated to the water meter replacement program in the 2011 -2012 Capital Improvement Plan. Under the IGA, the city's costs to relocate the water infrastructure will vary depending upon construction costs. However, the IGA caps the city's total investment at $17,388. There are sufficient funds in the water meter replacement program to pay for the infrastructure relocation. Attachments INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD FOR WATER LINE LATERAL IMPROVEMENTS WITHIN THE BULL MOUNTAIN /ROSHAK INTERSECTION PROJECT THIS INTERGOVERNMENTAL AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "COUNTY "; and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "CITY." RECITALS 1. Whereas, COUNTY has jurisdiction and control of portions of Bull Mountain and Roshak Roads adjacent to the City of Tigard. 2. Whereas, COUNTY has an approved and funded project to improve the intersection of Bull Mountain Road and Roshak Road in the Bull Mountain community. Project work includes improving the intersection to include a 3 lane section in accordance with adopted COUNTY plans with bike lanes and sidewalks on each side. 3. Whereas, CITY as the designated public service provider, maintains certain public infrastructure within the Rights -of -Way of Bull Mountain and Roshak Roads under permit from COUNTY. 4. Whereas, COUNTY under the provisions of said permit, can require CITY to relocate said infrastructure if deemed necessary in conjunction with the planned improvements in the interest of public safety and costs. 5. Whereas, CITY desires COUNTY to include the adjustment of water line laterals consistent with the proposed roadways. County is willing to add these improvements to the road project. 6. Whereas, This agreement will result in considerable cost savings to CITY and COUNTY by coordination of roadway and infrastructure improvements. Coordination with the COUNTY project improvements listed above is a benefit to the community by reducing costs, the number of road traffic restrictions and length of time needed to accomplish the work identified. 7. Whereas, ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has the authority to perform. 8. Whereas, It is the desire of COUNTY and CITY to enter into this agreement to allocate responsibilities for funding, design and construction of all the above - described improvements. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth below, the parties hereto agree as follows: 1. PROJECT DESCRIPTION 1.1 The road project improvements will include: road widening, curbs, bike lanes and sidewalks at the intersection of Bull Mountain Road, Roshak Road and 155 Terrace, hereinafter referred to as "ROAD PROJECT" and shown on said construction plans which are on file at the COUNTY. 1.2 The utility work includes adjustment of water line laterals to adjacent properties including adjustments of lateral access points, installation of appropriate water meters and valves on the laterals, hereinafter collectively referred to as "WATER LINE LATERAL WORK ". 1.3 The ROAD PROJECT and the WATER LINE LATERALS WORK are referred to herein as the "PROJECT ". 2. COUNTY OBLIGATIONS 2.1 Upon execution of this agreement, COUNTY shall assign a project manager to be responsible for oversight of the PROJECT during the design, bidding and construction phase of the PROJECT and provide timely coordination with CITY. COUNTY shall be responsible for the following elements of the PROJECT: a. Project Management b. Final Design c. Bidding and contract award d. Construction, Construction Management and contract administration e. Tracking cost and invoicing CITY within 45 days after PROJECT completion date 2.2 COUNTY shall incorporate the plans, specifications and bid items provided by CITY for the WATER LINE LATERALS WORK, into final bid documents and bid schedule for PROJECT. 2.3 COUNTY will provide CITY five (5) working days following bid opening to review and approve the bid results for the WATER LINE LATERALS WORK. COUNTY may award the construction contract, including the water line lateral bid items, unless the CITY informs COUNTY in writing, prior to award, that it wishes to cancel its construction as part of the PROJECT. Page 2 of 7 2.4 COUNTY shall provide CITY with at least three (3) working days to review the bid construction documents at 100 percent design completion. CITY shall return comments within three (3) working days. COUNTY shall incorporate CITY comments pertaining to the WATER LINE LATERALS WORK portions into the contract and bid documents. Any design issues that cannot be resolved by COUNTY and CITY staff will be referred to the COUNTY or CITY Engineer for final resolution, according to jurisdiction of the subject improvements. 2.5 COUNTY shall obtain CITY approval for any proposed design or other changes to the WATER LINE LATERALS WORK. 2.6 COUNTY shall establish a unique project number and compile accurate cost accounting records, which shall be available for examination by CITY upon reasonable notice and retain said records as established by ORS. 2.8 COUNTY shall require all contractors to include "City of Tigard, its elected and appointed officials, officers, agents, employees and volunteers" as additional insured on insurance coverage required for construction work performed in completing the PROJECT. 2.9 COUNTY shall require all contractors to provide worker's compensation coverage pursuant to ORS for all subject workers performing work in connection with this Agreement. 2.10 COUNTY shall keep the CITY informed of project progress and give the CITY reasonable notice of the bid opening, notice to proceed, and substantial completion of the PROJECT. 3. CITY OBLIGATIONS 3.1 Upon execution of this Agreement, CITY shall assign a project manager to be responsible for coordination of the PROJECT with COUNTY. 3.2 CITY shall provide standard drawings and specifications to COUNTY for inclusion into the bid documents prior to bid of the contract. 3.3 CITY shall provide an inspector and contractor submittal review for the WATER LINE LATERALS WORK. This will include review of shop drawings and construction inspection to determine compliance with the contract documents. CITY tasks under this paragraph will be coordinated through COUNTY overall project management. CITY has the right to approve the final acceptance of the WATER LINE LATERALS WORK portions of the PROJECT. 3.4 CITY shall have the right to approve any design or other change to the WATER LINE LATERALS WORK portions of the PROJECT. 3.5 CITY shall provide timely reviews and comments on COUNTY design documents and timely response to other PROJECT information requests. Page 3 of 7 3.6 Pay for costs listed below, not exceeding the cost limit contained in paragraph 3.7, upon approval by the CITY Project Manager. Costs exceeding the dollar limit of this Agreement require an amendment approved by an authorized CITY representative. CITY will pay for costs to: a. Design the WATER LINE LATERALS WORK b. Prepare contract and bidding documents for the WATER LINE LATERALS WORK as part of the PROJECT c. Select a construction contractor d. Construct and manage construction of the PROJECT 3.7 Pay a total not to exceed of $17,388 toward the cost of the WATER LINE LATERALS WORK. Specific WATER LINE LATERALS WORK costs shall not exceed the following: a. Design $3,788.00 b. COUNTY administrative costs including project 15.0% of management, contract administration and construction Estimated management Construction Cost (Item d.) 21.0% of c. Allocated share of applicable lump sum bid items Estimated including mobilization, temporary protection & direction of Construction traffic, flagging and erosion control Cost (Item d.) d. Estimated Construction Cost $10,000.00 Items 3.7.a and 3.7.d shall be paid to County based on actual invoices submitted by COUNTY. Items 3.7.b and 3.7.c shall be paid to COUNTY as a lump sum after COUNTY makes final payment to the construction contractor based on actual cost of WATER LINE LATERALS WORK. 3.8 CITY shall make payment for the cost of work performed under this agreement within thirty (30) days of invoicing by COUNTY. Upon request to COUNTY, CITY may inspect the accounting records and related documents upon which an invoice is based. 4. GENERAL PROVISIONS 4.1 LAWS OF OREGON The parties shall comply with all applicable laws and regulations regarding the handling and expenditure of public funds. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapter 279A and 279C to be included in public contracts are incorporated and made a part of this Agreement as if fully set forth Page 4 of 7 herein. 4.2 DEFAULT Time is of essence in the performance of the Agreement. Either party shall be deemed to be in default if it fails to comply with any provisions of this Agreement. The non - defaulting party shall provide the other party with written notice of default and allow thirty (30) days within which to cure the defect. 4.3 INDEMNIFICATION This Agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other party, and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omissions of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this agreement. 4.4 MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by both parties. 4.5 DISPUTE RESOLUTION The parties shall attempt to informally resolve any dispute concerning any party's performance or decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement. A neutral third party may be used if the parties agree to facilitate these negotiations. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both parties for a recommendation or resolution. 4.6 REMEDIES Subject to the provisions in paragraph 4.5, any party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of this Agreement. All legal actions shall be initiated in Washington County Circuit Court. The parties, by signature of their authorized representatives below, consent to the personal jurisdiction of that court. 4.7 EXCUSED PERFORMANCE In addition to the specific provisions of this Agreement, performance by any party shall not be in default where delays or default is due to war, insurrection, strikes, Page 5 of 7 walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed on mandated by governmental entities other than the parties, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance that are not within the reasonable control to the party to be excused. 4.8 SEVERABILITY If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement will not be affected or impaired in any way. 4.9 INTEGRATION This Agreement is the entire agreement of the parties on its subject and supersedes any prior discussions or agreements regarding the same subject. 5. TERMS OF AGREEMENT 5.1 The term of the Agreement shall be from the date of execution until the completion of the PROJECT, but not to exceed five (5) years. 5.2 This Agreement may be amended or extended for periods of up to one (1) year by mutual consent of the parties. It may be canceled or terminated for any reason by either party. Termination or cancellation shall be effective thirty (30) days after written notice to the other party, or at such time as the parties may otherwise agree. The parties shall, in good faith, agree to such reasonable provisions for winding up the PROJECT and paying for any additional costs as necessary. Page 6 of 7 CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON MAYOR CHAIR, BOARD OF COUNTY COMMISSIONERS DATE: DATE: ATTEST: CITY RECORDER RECORDING SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY COUNTY COUNSEL Page 7 of 7