City Council Packet - 02/26/2013 II
TIGARD
City of Tigard
TIGARD CITY COUNCIL
BUSINESS MEETING
February 26, 2013
COUNCIL MEETING WILL BE TELEVISED
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• City of Tigard
1
Tigard Business Meeting—Agenda
TIGARD
TIGARD CITY COUNCIL
MEETING DATE AND TIME: February 26, 2013 - 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
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 (I DD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
VIEW LIVE VIDEO STREAMING ONLINE:
http: / /www. tvcty. o rg / gove rnment programming / government meetings / tga rd
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.
1 14 - City of Tigard
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Tigard Business Meeting — Agenda
TIGARD CITY COUNCIL
MEETING DATE AND TIME: February 26, 2013 - 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 Possible Modifications to the City's Cross Connection Control Program
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations
under ORS 192.660(2)(d). 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 - FEBRUARY 26, 2013
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Council Communications & i.iaison Reports
E. Call to Council and Staff for Non - Agenda Items
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
A. Follow -up to Previous Citizen Communication
B. Tigard High School Student Envoy
C. Tigard Area Chamber of Commerce
D. Citizen Communication — Sign Up Sheet
3. CONSENT AGENDA: 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:
A. Approve City Council Meeting Minutes for:
1. November 27, 2012
2. December 18, 2012
3. January 8, 2013
4. January 15, 2013
B. Receive and File: Corrected 2013 Council Liaison Appointment Matrix
C. Establish the River Terrace Stakeholder Working Group - Resolution
D. Appoint Members to the River Terrace Stakeholder Working Group - Resolution
E. Authorize the Mayor to Execute an Intergovernmental Agreement with Metro Regarding the Management
of the Fields Property
F. Authorize the City Manager and Chief of Police to Execute an Intergovernmental Agreement with
Washington County Juvenile Department
G. Authorize the Mayor to Execute an Agreement with the Oregon Department of
Transportation Regarding the Pacific Highway /Gaarde Street /McDonald Street Intersection
Improvements
H. Joint Resolution with the City of Beaverton: Agree to Coordinate the Beaverton South Cooper Mountain
and the Tigard River Terrace Planning Efforts - Resolution
• Consent Agenda - Items Removed for Separate Discussion : Any items requested to be removed fivm the Consent Agenda for
separate discussion will be considered immediately after the Council /City Center DevelopmentAgeny has voted on those items
which do not need disaission.
AGENDA IS CONTINUED ON NEXT PAGE...
4. QUASI-JUDICIAL PUBLIC HEARING - ZONE CHANGE ANNEXATION (ZCA) 2012 -00002 -
HUMMEL ANNEXATION
REQUEST: A request to annex one parcel (1.01 acres) on SW 133rd Avenue to the City of Tigard to
obtain sanitary sewer service. LOCATION: 14695 SW 133rd Avenue; Washington County Tax Assessor's
Map 2S109AC, Tax Lot 0500.
COUNTY ZONE: R6: Residential, 5 units /acre minimum density, 6 units /acre maximum density. The
purpose of the R -6 District is to implement the policies of the Comprehensive Plan for areas designated
for residential development at no more than six (6) units per acre and no less than five (5) units per acre,
except as specified by Section 300 -2, Section 300 -5, or Section 303 -6. The intent of the R -6 District is to
provide the opportunity for more flexibility in development than is allowed in the R -5 District.
EQUIVALENT CITY ZONE: R -7: Medium - Density Residential District. The R -7 zoning district is
designed to accommodate attached single - family homes, detached single - family homes with or without
accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size
of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright Some civic and
institutional uses are also permitted conditionally. APPLICABLE
REVIEW CRITERIA: The approval standards for annexations are described in Community
Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal
14; ORS Chapter 222; Metro Code Chapter 3.09.
5. LEGISLATIVE PUBLIC HEARING - DURHAM ADVANCED WASTEWATER TREATMENT
FACILITY PLAN DISTRICT & GENERAL PLAN DISTRICT STANDARDS DEVELOPMENT
CODE AMENDMENT (DCA) DCA2012 -00004
PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code
(TDC) and Zoning Map in a combined amendment package to adopt two new chapters and clarify the
applicable boundaries of four existing chapters. The City proposes the adoption of Chapter 18.605 (Plan
Districts) to provide approval standards for the adoption of future plan districts or the modification of
existing and future plan districts. The City and Clean Water Services jointly propose the adoption of
Chapter 18.650 to create a new plan district to govern future development within the 106 acre Durham
Advanced Wastewater Treatment Facility (Durham Facility). The City also proposes text amendments to
TDC Chapters 18.600, 610, 620, 630, and 640 to create a uniform naming convention and add boundary
maps to provide clarity as to where the regulations apply; boundary maps to be identical to those adopted
with the applicable chapters for illustrative and clarifying purposes only. The City also proposes
corresponding changes to the official Zoning Map to add the boundaries of the Durham Facility Plan
District and four other existing plan districts which are not presently shown. The proposed amendments
for the Planning Commission's review are included in Attachment 1 and summarized below in Section IV
of this report:
APPLICANTS:
City of Tigard Clean Water Services
13125 SW Hall Blvd. 2550 SW Hillsboro Highway
Tigard, OR 97223 Hillsboro, OR 97123
ZONES:
Chapters 18.600 & 18.605: Citywide
Chapter 18.610: MU -CBD Zoning District
Chapter 18.620: C -G & MUE
Chapter 18.630: MUC, MUE -1, MUE -2, MUR -1, MUR -2, R -4.5, R -7, & R -12
Chapter 18.640: MUC -1
Chapter 18.650: I -P & R -4.5
LOCATION: Citywide and properties identified in the Attached Maps.
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1, 2, 6, 9, 10, 11 and 13; Metro Urban Growth Management
Function Plan Title 4; Comprehensive Plan Goals 1, 2, 6, 9, 10, and 11; and Community Development
Code Chapters 18.380 and 18.390.
6. RENEW ANNEXATION INCENTIVES AND DISCUSS ANNEXATION POLICY DIRECTION -
RESOLUTION
7. ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR THE 92ND
AVENUE SIDEWALK PROJECT - RESOLUTION
8. COUNCIL LIAISON REPORTS
9. NON AGENDA ITEMS
10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to 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.
11. ADJOURNMENT
AIS -1101 A
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): 15 Minutes
Agenda Title: Discuss Possible Modifications to the City's Cross Connection Control Program
Prepared For: Dennis Koellermeier Submitted By: John Goodrich, Public Works
Council Business Mtg - Study
Item Type: Update, Discussion, Direct Staff Meeting Type: Sess.
Public Hearing: No Publication Date:
Information
ISSUE
Staff is seeking council direction on whether the city should consider modifying its cross connection control program.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends modifying the cross connection control program.
KEY FACTS AND INFORMATION SUMMARY
As a water provider, the City of Tigard is tasked with providing safe, high -quality drinking water to nearly 58,000
customers in Durham, King City, two- thirds of Tigard, and unincorporated areas of Bull Mountain.
Background on Cross Connections and Testing
A cross connection refers to an actual or potential link between the drinking water system and contaminants. Most
commonly, these links occur with irrigation systems. Since cross connections can pose a significant health hazard, such
connections are strictly regulated by the state. Devices, known as backflow prevention assemblies, prevent
contaminated water from being siphoned or pushed in to the drinking water system.
The city is required (by the state) to ensure that the estimated 4,500 backflow prevention assemblies within the water
service area are tested annually. This regular testing ensures the assemblies are functioning properly.
The Current Cross Connection Control Program
Under the existing program, the city's water customers are responsible for having their backflow prevention assemblies
tested. Customers hire a person who is state - certified in backflow assembly testing to perform the test and submit the
results to the city. Although testing is performed by private companies and costs vary, a typical test runs about $45.
Compliance under the Current Program
Over the past five years, residential compliance with annual testing has decreased from 85 to 57 percent. This not only
creates potential health and safety issues, but is also in conflict with the state's testing mandate. (Nearly 100 percent of
the city's non - residential water customers comply with backflow testing requirements.)
Cross Connection Control Administrative Rules
Administrative rules regarding Cross Connection Control Program Practices and Procedures are attached. The city has
the authority, via these rules, to terminate a customer's water service should they fail to comply with testing
requirements. (See section II. G.) Beginning with the 2013 backflow testing year, staff plans to terminate water service
to customers who fail to comply with testing requirements.
Possible Program Modifications
Staff investigated what other area water providers are doing to achieve testing compliance among residential water
customers. Providers with the highest compliance numbers (typically in the 90- percent range) are those where the water
provider coordinates the testing for the water customer. The cost of the testing is passed along to the customer via his
utility bill.
Staff is interested in gauging the council's interest in implementing a similar program within the Tigard Water Service
Area in 2014. Staff envisions a voluntary program where:
1. If a customer elects to participate, the city will coordinate the customer's annual testing.
2. If a customer elects to participate, the city will bill the customer for the testing — possibly spreading the cost over
an entire year.
3. The city will contract with a private company to perform the testing. Such a contract may result in lower
customer testing costs due to economies of scale.
4. Fees and charges recover all program costs; the program would be revenue neutral.
5. No additional city staff will be required. (The city currently has one cross connection specialist who manages the
existing cross connection program.)
Options for water customers with backflow assembly devices would be as follows:
1. Participate in the city's voluntary program.
2. Don't participate in the city's program. These customers can manage, schedule and pay for their own testing.
3. Disable /disconnect their irrigation system (or other amenities requiring a backflow prevention assembly) and
have their assembly removed.
As in the current cross connection control program, if a customer fails to comply with testing requirements, his water
service will be terminated.
Other Information
On November 14, 2012, staff briefed the Intergovernmental Water Board on potential program modifications. The
board was amenable to pursuing these modifications.
If the city ultimately decides to modify the cross connection control program, staff would need to amend the existing
administrative rules. Through the amendment process, the council and the public would have an opportunity to provide
feedback on any proposed changes.
OTHER ALTERNATIVES
Council could propose alternate program modifications or could choose not to modify the existing program.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Not applicable
DATES OF PREVIOUS COUNCIL CONSIDERATION
This is the first time the council has discussed modifying the cross connection control program.
Fiscal Impact
Fiscal Information:
For discussion purposes, staff envisions a modified program where:
• Fees and charges recover all program costs; the program would be revenue neutral.
• No additional city staff will be required. (The city currently has one cross connection specialist who manages
the existing cross connection program.)
Attachments
Administrative Rules regarding the Cross Connection Control Program
I I Administrative Rule
Cross Connection Control Program Practices and Procedures
T I G A R D Rule No. 12.01.080 -06 -01
Effective 06 -06 -2012
The purpose of this program is to protect the water supply from contamination or pollution from cross
connections and to assure approved backflow prevention assemblies (public and private) are tested annually
as mandated by Oregon Administrative Rules (OAR) 333 -61 -0070 Cross Connection /Backflow Rules
permanently adopted January 31, 2006.
I. Cross Connection Control Program Provisions
A. Installation or maintenance of any cross connection which would endanger the city water supply is
prohibited. Any such cross connection now existing or hereafter installed is hereby declared
unlawful and a nuisance and shall be abated as directed by the city or its authorized representative(s).
B. Control or elimination of cross connections shall be in accordance with regulations of Oregon State
Health Division and Oregon Plumbing Specialty Code. Practices, procedures, and criteria for
determining appropriate levels of protection shall be in accordance with Accepted Procedure and Practice
in Cross Connection Control Manual, American Water Works Association, Pacific Northwest Section,
and Oregon Administrative Rules, Chapter 333 - 061 -0071.
C. Authorized city employees, with proper identification, shall have free access at reasonable hours of
the day to those parts of a premise, or within buildings, to which water is supplied. Water service
may be refused or terminated to any premise for failure to allow necessary inspections.
D. Water may be shut off at any time for repairs or other necessary work with or without notice.
Conditions may cause a variation of pressure. City will not be responsible for any damage caused by
interruption of service or varying pressure. When service is interrupted, hot water faucets should be
kept closed to prevent backflow of hot water or steam.
II. Backflow Prevention Assembly Testing
A. Property owners with backflow prevention devices are responsible to schedule annual device testing in
compliance with state rules. Backflow assembly testing contractors shall provide the city with
compliance documentation.
B. Inspections and tests of approved backflow prevention assemblies protecting public water system shall
be conducted at time of installation, repair or relocation
C. Installed backflow prevention assembly which affect public water system shall be inspected and tested
annually
D. Testing of all backflow prevention assemblies within Tigard Water Service Area shall be performed by
an Oregon Health Authority (OHA) approved backflow assembly tester
E. Should property owner fail to conduct annual test or if device fails the test and not immediately
repaired, the city shall send a compliance warning letter to property owner
F. Property owner must meet compliance standards by conducting test or removing physical cross
connection. Elimination of backflow prevention assembly shall be field verified by city staff.
G. Failure to comply with backflow prevention assembly testing requirements may be grounds for
termination of water service. Termination shall follow all notification procedures set forth in these
practices and procedures.
Page 1 . \dtninistrativc Rue.. No. 12.0i.080 -06 -01 Effective Date: 06 -06 -21)12
III. Residential Backf low Assembly Prevention Testing Customer Notification Process
A. First Notice: City publishes an article in a direct mailed newsletter as a reminder that annual
backflow prevention device testing is required by June 1" of each year.
B. Second Notice: If annual test is not performed within thirty (30) days of specified June 1 date, a
second notification in the form of a letter shall be sent by mail or door hanger posted on property.
Letter will reference original newsletter article and request annual test to be performed within fifteen
(15) days of receipt of door hanger /letter notification.
C. Final Notification: Failure to comply with backflow prevention assembly testing requirements shall
result in a final door hanger notification to property owner informing them water service will be
turned off if completed backflow prevention assembly test report is not received within 48 hours of
final notification date. A final notification process fee shall be assessed to billing charges as noted in
the current city fees and charges schedule.
D. Failure to complete test within 48 hours of final notification as described above shall result in
termination of water service. A water disconnection charge shall be assessed to billing charges as
noted in current city fees and charges schedule.
E. The city reserves the right to grant time extensions to customers due to mitigating circumstances on
a case -by -case basis. Such grants of time extensions shall be made in writing, shall include approval
of the amount of extended time and final date compliance is required.
IV. Commercial Backflow Prevention Assembly Testing Customer Notification Process
A. First Notice: During the week of the 20 prior to the scheduled test month, a letter will be sent to
property owner as reminder of annual test to be performed on backflow assembly. This test is to be
completed within thirty (30) days of the date of the letter.
B. Second Notice: If annual test is not performed within thirty (30) days of first notice, a second notice
will be send to property owner requesting annual test to be performed within fifteen (15) days of the
notification.
C. Final Notification: Failure to comply with backflow prevention assembly testing requirement shall
result in final notification to property owner informing them water service will be turned off if
completed backflow prevention assembly test is not received within five (5) days of final notification
date. A final notification process fee shall be assessed to billing charges as noted in the current city
fees and charges schedule.
D. Failure to complete test within five (5) days of final notification as described above shall result in
termination of service. A water disconnection charge shall be assessed to billing charges as noted in
current city fees and charges schedule.
E. The city reserves the right to grant time extensions to customers due to mitigating circumstances on
a case -by -case basis. Such grants of time extensions shall be made in writing, shall include approval
of the amount of extended time and final date compliance is required.
V. Appeal Process
A. Property owner whose water service is being terminated due to non - compliance with backflow
prevention and cross connection rules and regulations may appeal to city manager.
B. Appeals must be in writing and state reason for appeal in a clear and concise manner.
C. The city manager or designee shall conduct an investigation and within 48 hours after receipt of
written appeal and provide customer with a decision. All decisions by city manager are final.
Approved by:
Martha L. Wine, City Manager Date
ace 2 administrative Rule No. 12.01.280 06 -T. EFiect.ve Date: 06 -('6 -2012
(Please keep remarks to around 2 -5 minutes. If a large number of citizens have signed in, the Mayor may ask
that testimony be kept to around 2 minutes.)
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
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Letter to Council on Behalf of SEIU Local 503 /OPEU, Local 199
HONORABLE MAYOR....CITY COUNCIL....MANAGEMENT STAFF...
On February 27, 2013 represented staff from the City of Tigard will be in attendance at the "City Day at the
Capitol" event in Salem. We are attending as a show of support for you and other city leaders across Oregon, to
stand with you in support of legislative actions that would restore greater local authority over local decisions
and give cities additional revenue resources to pull us out of our current downward spiral.
As public service workers, we care deeply about the people we serve, the quality of services we provide and the
quality of life for our residents. Curtailed public services and repeated rounds of budget cuts, year after year,
mean that those qualities are in danger. As residents, homeowners, taxpayers and city employees as well, we
have spent the past six years and more watching as the limitations of the current tax system have made it
increasingly difficult for local government to pay for the services that citizens want.
We are partnering with you and encouraging state and local government to take action now. Let's get down to
business and insist that our legislature adopt funding mechanisms that will bring much needed revenue into the
cities while continuing to set an example for all employers to provide employees with decent wages and
benefits. We want to help build local public support for restoring services so you, as City Councilors, can take
action now to raise revenue for immediate relief. Let's support each other to make positive change.
When you or other city leaders across Oregon participate at "City Day at the Capitol" those of us on staff who
will not be there with you will be at our work centers will continue to demonstrate our pride in our professions
by providing the best public service we can for our friends and neighbors in our community. We serve the
people we share our lives with; the people we see at the grocery store, at church, at our children's school
functions and at community events and we are committed to continue to serve them to the best of our ability.
Let's pledge to support each other - to work "Together for Tigard" to get past this financial morass and to give
Tigard residents and all Oregonians the highest possible quality of public service and quality of life.
Thank you.
SUPPLEMENTAL PACKET
Jill M. Byars, SEIU Local 199 President FOR 4 ; 'a1(Q • a 0 l3
February 21, 2013 (DATE OF MEETING)
a t i ) 6e4. co.nuyudiriuceit:Ayivi,
1 i ara cnool
9000 SW Durham Rd. • Tigard • Oregon • 97224 m CG
(503) 431 -5518
March 13, 2012 ; : U P PLEMENTAL PACKET
Student Envoy: ASB President Megan Risinger_ C R , ao 13
(DATE OF MEETING)
Past:
• Senior Citizens Dance - February 17
• National Honor Society Blood Drive - February 13
• Human Rights Week - February 11 -15
"Stronger Together, United Forever"
Present: ' 6ame N i bhfi - F`Cb ZZ h d .
• Spring Sports have started (Track and Field, Baseball, Softball, and Lacrosse)
• Basketball Playoffs
• Wrestling over
• Snowboard/ Ski Team State Finals
• Spring Play auditions start "Our Town"
Future:
• Choir Concert - March 12th
• Tiger Pride Assembly - honor students who have achieved or improved
academically this year.
• Spring Break - March 25 - 29th
IPPLEMENTAL FAKj
City Council Update •! 90 L
(DATE OF MEETING)
Chamber Events
• 2/27 - 11:45am Lunch Local - Max Fanno Brew Pub 12562 SW Main St Tigard, OR 97223
• 2/28 - Good Morning Tigard - 7:30am - CERT @ the City of Tigard Public Works Building
• 3/2 - TACC Annual Bowl - o-Rama 10am -1pm @ Tigard Bowl!
o ONLY 2 SINGLE PLAYER & 3 LANE SPONSORSHIPS LEFT! Register HERE
• 3/5 6 -8pm - TACC brings you Tigard Young Professionals After Hours Networking Event @ Game Time
Register Now to attend!!
• 3/7 Good Morning Tigard 7:30am - Take Shape for life Michael and Michelle DeFabio @ TACC in Pearson
Room
• 3/14 — Evening Networking event hosted by Capital One Tigard. Find out about job opportunities with
Capital One in Tigard. Location Big Al's, 6 -8 p.m.
• Save the date for Tigard's Shining Stars Community Awards celebration, Friday April 26 530 -9 p.m.
Still seeking award nominations and scholarship applications. Download from the icons on our main
web page.
For more information on all events visit our event calendar at htto: // business .tiaardchamber.org /events /calendar/ Or go to
www.tigardchamber.org and click on the calendar icon.
Farmers Market Update
We are very excited about our move to the PW works parking lot at Burnham and Hall for this season opening on
Sunday, May 12 2013, our support from the City and neighboring businesses like Frontier and KEI Embroidery
who are providing customer and vendor parking.
We just had a very successful vendor meeting at the PW location to kick off our new season with returning and
new vendors and are pleased to report all our major farms are returning in force and we have also picked up a new
organic farm. Our vendors are very excited about the new location and the benefits it provides, we even did a
show and tell with layout.
We are doing outreach to fill in our holes so that market patrons can buy their entire meal plus flowers and more
at the Tigard Area Farmers Market. Tigard citizens wanting more information should check the recent February
issue of Cityscape and the TAFM website at www.tiRardfarmersmarket.org or sign up for our newsletter. Non-
profits wanting a free booth during market season can also apply on the market website.
Downtown Update
Downtown Tigard 3` Friday in March is 3/22/13. Check local merchants closer to that date for specials.
Join our Downtown Tigard newsletter e-mail list for updates, specials and events start by texting DTTIGARD to
22828. The newsletter should roll out in the next month or two.
The Tigard Chamber is excited to announce that Symposium Coffee will be coming to Downtown Tigard, in the
front section of the Tigard Chamber building. Symposium Coffee is a full service coffee cafe with a full coffee and
tea menu accompanied by a breakfast and lunch menu. Symposium Coffee opened two years ago in Sherwood
and is known to local's as Sherwood's Living Room. They are excited to open their second location in Downtown
Tigard and hope to bring that same sense of community to Tigard. Anticipated open date is the middle of April.
Look for all the renovation activity starting now on Main Street!
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION is made this ,. day ofc�iay&--
2006, by Fanno Pointe Condominiums Owners' Association, an Oregon corporation, ("Declarant ").
RECITALS
A. WHEREAS, .Declarant is the owner of one tract of real property located in the City of
Tigard, Washington County, Oregon described in Exhibit "A" attached hereto and by this
reference incorporated herein and referred to as the "Property ", with a graphic depiction of the
Property set forth in Exhibit "B" attached; and
B. WHEREAS, the City of Tigard ( "Tigard ") intends to construct, maintain, repair and
reconstruct certain roadway and path improvements and utilities, adjacent to the Property (the
"Project "); and
C. WHEREAS, Declarant desires to assure that the Project is constructed, maintained,
repaired and reconstructed in a manner in conformity with preservation and mitigation of wetlands
located on the Property to be maintained in accordance with the Permit approved by the Oregon
Department of State Lands ( "Department "), which wetlands are described in Exhibit "C" and
graphically depicted in Exhibit "D" attached; and
D. WHEREAS, in order to accomplish the purposes described above, Declarant desires to
provide for the preservation and enhancement of the wetland values of the Property and for the
maintenance and management of the Property and improvements thereon, and to this end desires
to subject the Property to the covenants, restrictions, easements and other encumbrances
hereinafter set forth, each and all of which is and are for the benefit of the Property.
NOW, THEREFORE, the Declarant declares that, subject to all existing covenants and
encumbrances, the Property shall be held, transferred, sold, conveyed and occupied subject to the
covenants and restrictions set forth in this Declaration. !
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AIS -1176 3. A.
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): Consent Item
Agenda Title: Approve City Council Meeting Minutes
Submitted By: Carol Krager, City Management
Item Type: Motion Requested Meeting Type: Consent Agenda
Public Hearing: Publication Date:
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
November 27, 2012 Meeting Minutes
December 18, 2012 Meeting Minutes
January 8, 2013, Meeting Minutes - Placeholder
January 15, 2013 Meeting Minutes Placeholder
AIS -1198 3. B.
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): 10 Minutes
Agenda Title: Receive and File: Updated Council Liaison Appointment Matrix
Submitted By: Cathy Wheatley, Administrative Services
Motion Requested
Item Type: Update, Discussion, Direct Staff Meeting Type: Special Meeting
Public Hearing: Publication Date:
Information
ISSUE
Receive and file the corrected 2013 Council Liaison Appointment Matrix.
STAFF RECOMMENDATION / ACTION REQUEST
Receive and file the corrected matrix.
KEY FACTS AND INFORMATION SUMMARY
The council received on its February 5, 2013, consent agenda the 2013 Council Liaison Appointment Matrix. Two
corrections were made to the matrix after February 5 and are reflected in the attached. The corrections include:
1. Identifying Judith Gray as the staff liaison to the Washington County Coordinating Committee.
2. Removing the High Capacity Land Use Plan Citizens Committee. This committee completed its charge and no longer
exists.
An updated matrix is attached.
OTHER ALTERNATIVES
Further amend the matrix if changes are agreed upon by the City Council.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
December 6, 2011
January 24, 2012
June 26, 2012
January 10, 2013
February 5, 2013
Attachments
Corrected 2013 City Council Liaison Matrix
2013 City Council Appointment Matrix Updated after Feb 5 2013
Committee Name Represent five Alternate Rep Meeting Frequency E
Expectation Staff Liaison
3 -4 consecutive Monday
Budget Committee All Council evenings in April & May
Toby LaFrance
The Budget Committee provides a public forum to obtain public views in the preparation of fiscal policy.
Budget Subcommittee- Social Councilor Snider 1 meeting in March Toby LaFrance
Services
Reviews applications submitted by social service agencies for contributions from the city. Consists of 1 Council member and 2 citizen- members of the
Budget Committee.
Budget Subcommittee - Events All Council Council Workshop or Study Toby LaFrance
Session in March
Reviews requests for contributions to community events.
City Center Development All Council First Tuesday of the month. Approximately 2 Sean Farrelly
Agency hours per month
Council members serve as the urban renewal agency's board.
Usually First Wednesday of
the month, 9 -11 a.m.
Clackamas River Water Meld at North Clackamas Water
Councilor Woodard Commission Building, 14275 S John Goodrich
Prrrwiders Clackamas River Drive, Oregon City
97045; staff contact: Kim Swan 503-
723 -3510
Comprised of six municipal water providers on the Clackamas River serving more than 300,000 people in Clackamas County. Participation is voluntary and
Funded through membership dues. The CRWP projects and staff are jointly funded but each individual organization retains autonomy. Conservation
Programs and services are provided to CRWP members. Members include Estacada, Lake Oswego, Gladstone, Tigard, and the North Clackamas Counter
Water Commission, Oak Lodge Water District, Sunrise Water Authority, South Fork Water Board and Clackamas River Water.
2013 Council Appointment Matrix — Page 1 Updated after 2/05/2013
council meeting.
Committee Name Represent five Alternate Rep Meeting Frequenc Expe
Expectation Staff Liaison
Community Development Block Council President 2 "`' Thursday of the month Approximately
Marissa Daniels Marissa Daniels
Grant Policy Advisory Board Henderson at 7 p.m. Location rotates 2 hours month
By IGA, Washington Co. established the Community Development Policy Advisory Board (PAB) to represent the County Consortium, make
recommendations to the County Commissioners on all matters pertaining to the CDBG program. Includes a representative, generally an elected official,
from the County and each of the 11 participating cities in the Co.
(councilor 2nd Wednesday/month,
Intergovernmental Water Board Councilor Buehner Snider 5:30 p.m., Water Building Monthly Dennis Koellermeier
To make recommendations to the Tigard City Council on water issues and to carry out other responsibilities set forth in the IGA between Tigard, Durham,
King City and the Tigard Water District. Each jurisdiction is represented by a member + 1 at- large.
Metre Joint PoliyAdvisory Beaverton Mayor Cornelius Mayor 2' Thursday /month Judith Gray
Commission on Transportation Doyle Jef Dalin 7:30- 9 a.m. @ Metro
Tigard Mayor Cook to attend /monitor meetings on regular basis. A 17- member committee that provides a forum for elected officials and representatives of
agencies involved in transportation to evaluate transportation needs in the region and to make recommendations to the Metro Council.
Mayor's Appointment Advisory Staff Liaison to the
Committee committee interviewing
The Mayor and one councilor. The councilor serving as the current City Council liaison will interview applicants for filling available seats on city boards,
committees and commissions. For example, when interviewing applicants for the Planning Commission, the Mayor and the primary Council liaison will
interview candidates with a meeting time and date to conduct the interviews coordinated by the staff liaison.
Metn9politan Area 6 times a year, usually
Councilor Woodard Louis Sears Wednesday, 1 -5 pm at Louis Sears
Communications Commission MACC headquarters
MACC is the governing body that oversees the contracts for cable services and TVCTV. The Executive Committee meets separately to make
recommendations to the Commission on administrative issues including budget and the review of the Executive Director.
2013 Council Appointment Matrix — Page 2 Updated after 2/05/2013
council meeting.
Committee Name Repre Primary sentatives Alternate Rep Meeting Frequency Expect tion Staff Liaison
Metro Policy Advisory * 2 "d and 4 Wednesday Ongoing
Committee (MPAC) 5 -7 p.m. at Metro 4 hours /month Kenny Asher
MPAC it is made up of elected officials. Representatives are elected by peers within Washington County cities.
*Note: Potential that Councilor Buehner to be nominated as the alternate (last update on this was 1/10/2013).
Regional Water Providers Councilor Buehner No appointment Quarterly meeting held at John Goodrich
Consortium made Metro
Consortium is comprised of all water suppliers in the metro area. The Councilor appointee to this group represents the city on regional policy issues.
SW Corridor Plan Steering Mayor Cook Councilor Judith Gray
Committee Woodard
Consists of project partner elected and appointed officials who make final recommendations to the Metro Council and other jurisdictions for the SW
Corridor Plan
Tigard - Lake Oswego Joint We have two primary seats:
Water Partnership Oversight Councilor Buehner & Monthly — working on a Dennis Koellermeier
Committee Councilor Snider new meeting schedule
Membership is comprised of staff and elected officials to govern water partnership between the cities.
Washington County Councilor 2 " Monday @ noon
Mayor Cook 1 -2 hours per month Judith Gray
Coordinating Committee Woodard Beaverton City Hall
WCCC reviews and comments on major land use and transportation issues and provides a forum for discussion which results in recommendations for a
coordinated approach between jurisdictions. The Committee has specific authority on the Major Streets Transportation Improvement Program (MSTIP)
and the Countywide Traffic Impact Fee (TIF) program. Representatives to JPAC and MPAC from County and cities in the Co. will be on the policy body.
Councilor 3r Wednesday of month PLUS: Optional
Westside Economic Alliance Mayor Cook Woodard 7 :30 -9 a.m. @St. Vincent's Thursday Forum Kenny Asher
Hospital Board Room breakfast w/ speakers
7,reate an environment conducive to business growth, working to influence decisions on policies and regulations impacting the economic vitality of the area.
2013 Council Appointment Matrix — Page 3 Updated after 2/05/2013
council meeting.
Committee Name Primary Alternate Rep Meeting Frequency Time Staff Liaison
Representative Expectation
Council President Councilor
Wlillamette River Water Coalition Henderson Buehner Monthly Dennis Koellermeier
Mission of the coalition is to protect the Willamette River and to protect Tigard's water rights.
2013 Council Appointment Matrix — Page 4 Updated after 2/05/2013
council meeting.
Tigard Board & Committee Liaison Assignments:
Primary Time
9/7 __, 11141 Name � � A lternate Rep Meeting Frequency • _,,Sra.f..f ..�a,i�an
Expectation
Meet a minimum of two times with reps of the
Tigard Audit Committee Councilor Buehner CPA firm appointed to perform the annual Debbie Smith -Wagar
audit of the city's annual financial report.
Participate in the appointment, compensation, retention and oversight of any independent accountants engaged for the purpose of preparing and issuing an
independent audit report of performing other independent audit, review or attest services.
City Center Advisory Commission I Council President Councilo 2 Wednesday /month@
Henderson Woodard* 6:30 pm Sean Farrelly
This committee's role is defined in the City Charter and is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan.
If Councilor Woodard is also unable to attend, Council President Henderson will contact another City Council member to attend.
*Council President
Henderson & (2
Facade Improvement Subcommittee Councilor Mayor Cook representatives Sean Farrelly
Woodard
oodard
To encourage businesses to make improvements to storefronts or commercial facades in downtown by providing design assistance and /or matching funds.
Two council representatives required.
Council President Councilor
Downtown Public Art Subcommittee Henderson Woodard/ Mayor Sean Farrelly
Cook
Discuss and make recommendations for various public art options that may be purchased with the urban renewal funds for the Main St. /Green St. project.
�
Meet during regularly
Judith Cray
Advi3ory Committee Mtga
Metro has identified the "SW Corridor" (PDX Sherwood via Tigard) as the next priority expan3ion line for the regional I ICT 3y3tern. The city i3 gearing up
Council, at its August 14, 2012, meeting adopted Resolution No. 12-32 accepting the final report of the Tigard High Capacity Transit Land Use
Plan. The Committee no longer meets.
Library Board Councilor Snider 2nd Wednesdays - 7 p.m. Margaret Barnes
kdvisory to the Council regarding library policies, budget, facilities and other needs of the community to provide quality library service, per TMC 2.36.030.
2013 Council Appointment Matrix — Page 5 Updated after 2/05/2013
council meeting.
Primary Time
.lit ‘e. ,_.`4,.! ia:'..... R Alternate Rep Meeting Freci iiiiiifison l
Neighborhood Involvement 3rd Wednesday /every other
Mayor Cook 6 hours a year Joanne Bengtson
Committee (formerly CCI) mo. @ 7p.m.
Charged with oversight for the Neighborhood Network program, encourages two -way communication between city and residents and encourages residents
to be more involved. (The committee changed its name to reflect new mission — previous incarnation was Committee for Cititien Involvement.)
Park & Recreation Advisory Councilor Council President 2nd Monday /month 7 p.m. Steve Martin
Board Woodard Henderson in the Water Building
To advise the Council on park and recreation policies, facilities, programs and budgets.
1st & 3rd Monday /month
Planning Commission Councilor Buehner Councilor Snider @ 7p.m. Tom McGuire
Assists the City Council to develop, maintain, update and implement the Comprehensive Plan, to formulate the Capital Improvements Program, and to
review and take action on development projects and development code provisions delegated to the Commission.
Councilor
Transportation Advisory Woodard Councilor Snider 1" Wednesday, 6:30 p.m.,
Committee library 2n Floor Conf R 1.5 hr. meetings Judith Gray
m
Advisory to council & staff regarding planning and development of a comprehensive transportation network, including development of plans and
corresponding financing programs; development of funding mechanisms and sources to implement transportation projects and ensure adequate
maintenance of the existing transportation infrastructure; public involvement and education in transportation matters and ways to improve traffic safety and
accessibility in all transportation modes.
Tree Board I * I 1 1" Wednesdays - 6:30 p.m.
I
The mission of the Tree Board is to develop and administer a comprehensive program for the management, maintenance, removal, replacement &
protection of trees on public property. *Tree Board mission to be added to /redefined in 2013? — get recommendation from staff.
1St & 3` Wednesdays @
City Hall (Meetings are Various representatives -
Youth Advisory Council Councilor Snider Mayor Cook irregular; PD staff will advise Police Department
liaisons when meetings are
scheduled.)
Students in grades 5 -12 represent their peers as resources to the community to advise the best ways to build developmental assets for each youth in Tigard. The Youth
kdvisory Council also facilitates the development and implementation of programs and activities that are important to youth.
: \adm \city council \goals\2013 \council liaison appt matrix \updated after feb 5 - 2013 council liaison appt matrix.docx
2013 Council Appointment Matrix — Page 6 Updated after 2/05/2013
council meeting.
AIS -1163 3 C
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): Consent Item
Agenda Title: Establish the River Terrace Stakeholder Working Group - Resolution
Prepared For: Marissa Daniels Submitted By: Agnes Kowacz, Community
Development
Item Type: Resolution Meeting Type: Consent Agenda
Public Hearing: No Publication Date:
Information
ISSUE
The River Terrace Stakeholder Working Group is being established to complete the River Terrace Community Plan,
which will be built upon the West Bull Mountain Concept Plan.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends that Council approve a resolution establishing the River Terrace Stakeholder Working Group.
KEY FACTS AND INFORMATION SUMMARY
In 2002, Metro brought Areas 63 and 64 (now known as River Terrace) into the Urban Growth Boundary, initiating the
process for these rural lands to be developed. Prior to urbanization of these areas, regional regulations require the
preparation of a comprehensive plan for the area. Washington County decided to complete the planning for these areas
in two steps. First, complete the concept plan and second, the community plan. In 2010, the County completed The
West Bull Mountain Concept Plan with the assistance of a Stakeholder Working Group and a Technical Advisory
Committee. In 2012, Washington County agreed that the City would complete the community plan and implementing
ordinances. The Stakeholder Working Group will continue the effort of Washington County for the West Bull
Mountain Concept Plan through implementing the community vision for River Terrace.
Resolution 08 -47 establishes procedures to form and appoint limited duration Citizen Advisory Committees. Step one
of the two -step Council process includes approval of a purpose and charge statement, a list of stakeholder groups to be
represented, and a meeting protocol. The proposed purpose, charge, and meeting protocol for this working group are
part of the appended proposed resolution (Attachement 1).
Staff proposes an eighteen- member committee that would include representatives from government agencies,
community organizations and the River Terrace Area. The second resolution to Council will be for the appointment
of specific citizens to fill the slots listed above.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
2012 City Council Goals:
1. Take the Next Step on Major Projects - River Terrace Community Plan
DATES OF PREVIOUS COUNCIL CONSIDERATION
The River Terrace Community Plan was discussed at the following City Council meetings: May 15, 2012, September 18,
2012, November 20, 2012 and December 11, 2012.
Attachments
RTCP Resolution
AIS -1164 3• D.
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): Consent Item
Agenda Title: Appoint Members to the River Terrace Stakeholder Working Group - Resolution
Prepared For: Marissa Daniels Submitted By: Agnes Kowacz, Community
Development
Item Type: Resolution Meeting Type: Consent Agenda
Public Hearing: No Publication Date:
Information
ISSUE
A resolution to appoint members to the River Terrace Stakeholder Working Group to participate in the development of
the River Terrace Community Plan.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends that Council approve the resolution appointing members to the River Terrace Stakeholder Working
Group.
KEY FACTS AND INFORMATION SUMMARY
In 2002, Metro brought Areas 63 and 64 (now known as River Terrace) into the Urban Growth Boundary, initiating the
process for these rural lands to be developed. Prior to urbanization of these areas, regional regulations require the
preparation of a comprehensive plan. Washington County decided to complete the planning for these areas in two
steps. First, complete the concept plan and second, the community plan. In 2010, the County completed The West Bull
Mountain Concept Plan with the assistance of a Stakeholder Working Group and a Technical Advisory Committee. In
2012, Washington County agreed the City would complete the community plan and implementing ordinances. The
Stakeholder Working Group will continue the effort of Washington County for the West Bull Mountain Concept Plan
through implementing the community vision for River Terrace.
Procedures governing the formation and appointment of limited duration Citizen Advisory Committees are delineated
in Resolution 08 -47. Step one of the two -step Council process includes approval of a purpose and charge statement, a
list of stakeholder groups to be represented, and a meeting protocol. The proposed purpose, charge, and meeting
protocol for this working group are part of the appended proposed resolution. Staff is now asking Council to approve
the specific individuals to fill the slots defined in the stakeholder groups list.
The citizen's committee includes up to 18 members. A list of names and affiliations of individuals proposed for
appointment is included in Exhibit A to Attachment 1.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
2012 City Council Goals:
1. Take the Next Step on Major Projects - River Terrace Community Plan
DATES OF PREVIOUS COUNCIL CONSIDERATION
The River Terrace Community Plan was brought before City Council on the following dates: May 15, 2012, September
18, 2012, November 20, 2012 and December 11, 2012. The resolution to establish the River Terrace Stakeholder
Working Group is set for the February 26, 2013 meeting.
Attachments
RTCP Appointments
AIS -1149 3. E.
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): Consent Item
Agenda Title: Authorize the Mayor to Execute an Intergovernmental Agreement with Metro
Regarding the Management of the Fields Property
Prepared For: Steve Martin Submitted By: Greer Gaston,
Public Works
Item Type: Motion Requested Meeting Type: Consent Agenda
Public Hearing
Newspaper Legal Ad Required ?: No
Public Hearing Publication
Date in Newspaper:
•
Information
ISSUE
Shall the council authorize the mayor to execute an intergovernmental agreement (IGA) with Metro regarding the
management of the Fields property?
STAFF RECOMMENDATION / ACTION REQUEST
Authorize the mayor to execute the IGA.
KEY FACTS AND INFORMATION SUMMARY
On July 24, 2012, the council adopted Resolution No. 12 -30 whereby the city:
1. Committed $2 million toward the purchase of the Fields property.
2. Obtained joint ownership of the property with Metro.
3. Agreed to develop an intergovernmental agreement with Metro on the management of the property.
The attached IGA fulfills item 3 (above) by addressing how the Fields property will be managed. Significant terms of
the IGA are summarized below:
• Metro will provide initial stabilization activities such as removal of invasive plants and installation of native plants.
• The city, at its expense, will manage the property during the interim period, which extends from the date this
agreement is signed until a Site Conservation and Management Plan is developed and approved by Metro and the
city.
• The city will continue to manage the property, including trails and restored and developed areas, beyond the
interim period. Management will include ongoing maintenance, security and operation of facilities, projects or
improvements such as fences, gates, outdoor furniture or structures, utilities, signage and lighting.
• The city will also be responsible for resolving nuisances (like illegal camping, graffiti, dumping of trash) and
removal of invasive plants and maintenance of vegetation (following stabilization).
• When available, the city may participate in Metro programs that provide funding to resolve nuisances.
• If the city fails to resolve nuisances, Metro may abate the nuisance and charge the city.
• The initial term of the IGA will be five years. Unless terminated by Metro or the city, the agreement will
automatically renew for additional five -year terms.
The city has similar management agreements for two other Metro -owned properties within the city.
This IGA is a precursor to the upcoming Site Conservation and Management Plan. That plan will spell out how the
property is used —what portion of the property remains in a natural state versus what portion of the property is actively
managed, developed, mowed, etc. That plan has not been developed, but will come before council for formal
consideration at some future date.
OTHER ALTERNATIVES
The council could propose changes to the IGA. In adopting Resolution No. 12 -30 on July 24, 2012, the council
committed to develop —in conjunction with Metro —an agreement regarding the management of the Fields property.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
Not applicable
DATES OF PREVIOUS CONSIDERATION
The council was briefed on the IGA at its February 19, 2013, workshop meeting.
July 24, 2012 - the council adopted Resolution No. 12 -30 whereby the city agreed to develop an IGA with Metro on the
management of the property.
April 24, 2012 - the council discussed the city's $2 million contribution toward the purchase of the property in executive
session.
Fiscal Impact
Cost: Estimated $10,000
Budgeted (yes or no): No *
Where Budgeted (department /program): Parks Fund
Additional Fiscal Notes:
For the next few years, staff estimates the city's costs to manage the Fields property will be less than $10,000 annually.
Actual costs will depend upon the number and severity of nuisances, work required to maintain restoration efforts
initiated during the stabilization period, etc. The cost to manage the property may increase in the future:
• As Metro phases out stabilization activities.
• If the property is developed and improvements necessitate a higher level of maintenance.
* Since the city did not anticipate purchasing the Fields property, it did not include property management costs in the
fiscal year 2012 -2013 budget. However, staff is confident that these expenses can be managed within the existing Park
Division budget.
■
Attachments
IGA regarding the Management of the Fields Property
•
AIS -1182 3, F.
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): Consent Item
Agenda Title: Authorize the City Manager and Chief of Police to Execute an Intergovernmental Agreement
with Washington County Juvenile Department
Prepared For: Alan Orr Submitted By: Robert Rogers, Police
Item Type: Motion Requested Meeting Type: Consent Agenda
Public Hearing: No Publication Date:
Information
ISSUE
Should the City Council authorize the City Manager and the Chief of Police to execute an IGA with the Washington
County Juvenile Department providing for the use of a department vehicle when necessary from time to time to allow
a juvenile transport from police custody to a detention facility or placement?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends Council to authorize the City Manager and Chief of Police to sign the IGA with the Washington
County Juvenile Department.
KEY FACTS AND INFORMATION SUMMARY
The Juvenile Department requires their staff members who are on -call for response to police needs when a youth is
taken into physical custody to respond from their homes to the County facilities to obtain a vehicle to use. This
agreement would permit the occasional use of a police department (unmarked detective vehicle) to be used by the staff
members of the Juvenile Department through a simplified check -out process at the police department as necessary.
This agreement will significantly reduce the response time for the Juvenile Department representative as they respond
to take the youth to the final disposition facility or placement. The Juvenile Department agrees that all drivers will be
licensed and the vehicle will be refueled when returned.
OTHER ALTERNATIVES
None
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Does not apply
DATES OF PREVIOUS COUNCIL CONSIDERATION
Does not apply
Fiscal Impact
Fiscal Information:
There are no significant cost impacts to the department.
Attachments
Vehicle use IGA
Intergovernmental Agreement of the CITY OF TIGARD and the
WASHINGTON COUNTY JUVENILE DEPARTMENT
This agreement is made and entered into by and between the City of Tigard (City), a
municipal corporation of the State of Oregon, and the Juvenile Department of
Washington County (Department), a County of the State of Oregon;
WHEREAS the City and Department desire a cooperative effort in:
- Creating an increased atmosphere of collaboration between the City and Department;
• Assisting with the safe and efficient transporting of youth to the appropriate placement
situations as determined by the Department;
- Reducing the response time of the Department to assist the police officers of the City;
• Serving the citizens of the County in the most professional manner possible given the
budget and personnel restrictions the Department and City are experiencing;
WHEREAS the City and Department desire to memorialize and continue their
cooperative efforts by contract as authorized under ORS.190.010.
The parties agree as follows:
1. The City will provide the Department with the use of its police vehicle(s) for official
use on an as needed basis.
2. The City shall mechanically maintain the vehicles, secure them on City
property, and have them available on a check out/in basis 24 hours a day.
3. The Department will specifically identify who would be able to use the vehicle(s)
to the City in advance for the purposes of check out/in.
4. The Department members will not use the emergency equipment (lights,
sirens, radio, and computer) that may be installed within the vehicle(s) unless
otherwise permitted under law.
5. The Department will ensure that all drivers are validly licensed to operate the
vehicle(s) and any other occupants are either members of the Department or Youth in
their custody.
6. The Department members and the police supervisors of the City shall coordinate
the check out /in procedures as determined in advance:
7. The Department will replace any fuel used before checking the vehicle back in.
8. The Department will immediately notify the City of any mechanical issues for
correction at check in.
9. As part of the ongoing partnership between the City and Department, each agrees
to allow the other the use of any facilities as available for meetings, trainings,
community events or other use as agreed upon by the parties, subject to each entity's
facilities use policies and procedures.
Page 1 Cite' of Tigard/Washington County Juvenile Department Agreement
10. All vehicles supplied by the City shall remain the property of the City.
11. The Department will ensure to the greatest degree possible the security of the
vehicle(s) and its contents against theft and foreseeable damage.
12. The City agrees to hold and save the Department, its officers, employees, or
agents harmless from all claims whatsoever that might arise against the Department;
its officers, employees, or agents by any act of Tigard, its officers, employees, or
agents in the performance of the duties required by this contract.
13. The Department agrees to hold and save the City of Tigard, its officers,
employees, or agents harmless from all claims whatsoever that might arise against the
City of Tigard, its officers, employees, or agents by any act of Department, its officers,
employees, or agents in the performance of the duties required by this agreement.
14. The City and the Department mutually agree that neither party will insure the
actions of the other, but rather each party will assume its own responsibility in
connection with any claims made by a third party against the City and /or the
Department and that both the City and the Department will maintain liability insurance
coverage.
15. The City and the Department mutually agree that nothing contained in this
agreement is intended to limit the remedy, if any, of either party against the other
party, including claims under subrogation agreements with the party's insurance
carrier, to recover damages to property or injury to persons caused by a party's
negligence.
16_ This agreement shall be effective at signing by the authorized Directors below, and
may be severed with 30 days notice in writing by either party without cause. It will be
reviewed by both parties annually, with any changes or amendments being proposed
in writing by the end of each calendar year.
In witness whereof, the parties have caused this agreement to be executed by the duly
authored officers on the dates hereinafter written.
City of Tigard Washington County Juvenile
By By
Alan F. Orr, Chief of Police Lynn Schroeder, Director
Dated: Dated:
ATTEST:
By
Page 2 City of Tigard/Washington County Juvenile Department Agreement
AIS -1175 `� G.
Business Meeting �
Meeting Date: 02/26/2013
Length (in minutes): Consent Item
Agenda Title: Authorize the Mayor to Execute an Agreement with ODOT Regarding the Pacific
Highway /Gaarde Street /McDonald Street Intersection Improvements
Prepared For: Mike Stone Submitted By: Greer Gaston,
Public Works
Item Type: Motion Requested Meeting Type: Consent Agenda
Public Hearing
Newspaper Legal Ad Required ?: No
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Authorize the mayor to execute a cooperative improvment agreement with the Oregon Department of Transportation
(ODOT) and Washington County regarding the Pacific Highway /Gaarde Street /McDonald Street intersection
improvements.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends authorizing the Mayor to execute this agreement.
KEY FACTS AND INFORMATION SUMMARY
This is a three -party cooperative improvement agreement between ODOT, Tigard, and Washington County setting the
framework of how the agencies will work together to fund and improve the intersection of Pacific Highway with
Gaarde Street and McDonald Street. Key aspects of the agreement are as follows:
• Much like the recent improvements to the Hall /99W /Greenburg intersections, this will be an ODOT -led
project. They have hired the consultant team and will purchase the right -of -way, bid the project, hire the
contractor, oversee and inspect construction, and perform all other typical project management functions.
• City staff will continue to be involved in the project design and construction to represent the interests of the city.
The City and County will reimburse ODOT for their share of project costs as indicated below. Project funding
designated by this agreement is $9,444,630 consisting of:
• $1,820,000 City Contribution [from Transportation Development Tax (TDT) and Traffic Impact Fee (TIF)
funds].
• $2,680,000 Federal Surface Transportation Program (not including city match).
• $944,630 Oregon Transportation Investment Act (OTIA).
• $4,000,000 Washington County Major Streets Transportation Improvement Program (MSTIP)
The project cost estimate is currently $9,100,000. Therefore, this project has ample funding to cover the estimated
costs.
The attached figures show the preliminary design of the project.
OTHER ALTERNATIVES
Council could choose not to enter into this agreement. However, this agreement has been based on the previous
agreement for the Hall /99W /Greenburg projects. Failure to execute this agreement would stop this project.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
This project is listed in the city's Capital Improvement Plan and Transportation System Plan, and is consistent with the
City Council's long -term goal to pursue opportunities to reduce traffic congestion.
DATES OF PREVIOUS CONSIDERATION
The council was briefed on this agreement at its March 19, 2013, workshop meeting.
Fiscal Impact
Cost: $1,820,000
Budgeted (yes or no): yes
Where Budgeted (department /program): CIP Project # 95033
Additional Fiscal Notes:
The adopted FY 2012 -13 budget includes $242,265 for this project. Figures submitted for the FY 2013 -14 Capital
Improvement Plan include $1,825,653 for this project, broken down as follows:
FY 2012 -13: $25,653 (anticipated to be spent from the adopted budget amount)
FY 2013 -14: $1,000,000
FY 2014 -15: $500,000
FY 2015 -16: $200,000
FY 2016 -17: $100,000
Attachments
Pacific Gaarde McDonald IGA for signature
Project Design Overview
Preliminary Design - Intersection Enlargement
Misc. Contracts & Agreements
No. 28161
COOPERATIVE IMPROVEMENT AGREEMENT
2003 OREGON TRANSPORTATION INVESTMENT ACT MODERNIZATION and
SURFACE TRANSPORTATION PROGRAM — Urban
OR 99W: Gaarde /McDonald Intersection Improvements
THIS AGREEMENT is made and entered into by and between the State of Oregon,
acting by and through its Department of Transportation, hereinafter referred to as "State,"
Washington County, acting by and through its Board of County Commissioners,
hereinafter referred to as "County," and the City of Tigard, acting by and through its
elected officials, hereinafter referred to as "City," all herein referred to individually or
collectively as "Party" or "Parties."
RECITALS
1. OR 99W (Pacific Highway West) is a part of the state highway system under the
jurisdiction and control of the Oregon Transportation Commission (OTC). SW
Gaarde and SW McDonald streets are a part of the city street system under the
jurisdiction and control of City.
2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and
366.576, State may enter into cooperative agreements with counties, cities and units
of local governments for the performance of work on certain types of improvement
projects with the allocation of costs on terms and conditions mutually agreeable to the
contracting parties.
3. State, by ORS 366.220, is vested with complete jurisdiction and control over the
roadways of other jurisdictions taken for state highway purposes. By the authority
granted by ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no
regular established curb, then control extends over such portion of the right of way
as may be utilized by State for highway purposes. Responsibility for and jurisdiction
over all other portions of a city street remains with the City.
4. By the authority granted in ORS 810.080 State has the authority to establish marked
pedestrian crosswalks on its highway facilities.
5. By the authority granted in ORS 810.210, State is authorized to determine the
character or type of traffic control devices to be used, and to place or erect them
upon state highways at places where State deems necessary for the safe and
expeditious control of traffic. No traffic control devices shall be erected, maintained,
or operated upon any state highway by any authority other than State, except with its
written approval. Traffic signal work on this Project will conform to the current State
standards and specifications.
6. By the authority granted in ORS 366.425, State may accept deposits of money or an
irrevocable letter of credit from any county, city, road district, person, firm, or
corporation for the performance of work on any public highway within the State.
When said money or a letter of credit is deposited, State shall proceed with the
County /City /State
Agreement No. 28161
Project. Money so deposited shall be disbursed for the purpose for which it was
deposited.
7. The 2003 Oregon Transportation Investment Act Program (OTIA), hereinafter
referred to as the "2003 OTIA Modernization Program ", provides funding for
modernization projects chosen by the Oregon Transportation Commission.
8. In August 2005, the Oregon Transportation Commission approved the projects to be
funded under the 2003 OTIA Modernization Program as part of the 2006 -2009
Statewide Transportation Improvement Program (STIP) development process. The I-
5 OR 99W Tualatin - Sherwood Connector project was included in said STIP, but that
project has now been canceled, and a portion of that approved OTIA funding, in the
amount of $1,000,000, has been applied to the OR 99W: Gaarde /McDonald
Intersection Improvements Project, as described in Exhibit A, attached hereto and by
this reference made a part hereof.
9. On June 25, 2010, State and City entered into Intergovernmental Agreement No.
26,629 to conduct a Joint Planning Study for the 99W /SW Gaarde Street SW
McDonald Street Intersection. Any unused OTIA funds remaining from planning
phase shall be moved to the design and right of way phase under this Agreement.
The anticipated amount of remaining OTIA funds is $944,630.
10. State and City entered into Cooperative Improvement Agreement No. 10,688 on
June 28, 1991 that covers maintenance responsibilities for the same project area as
this Agreement. Agreement No. 10,688 is hereby superseded and shall be
considered null and void. All maintenance responsibilities covering the project area
shall be governed by this Agreement.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, the Parties agree to State's modernization and intersection
improvements to OR 99W at SW Gaarde Street and SW McDonald Street,
hereinafter referred to as "Project ". A Project description, budget and location of the
Project is approximately as shown on the sketch map attached hereto, marked
Exhibit A, and by this reference made a part hereof. The Project may include, but is
not limited to, the following elements:
a. Replacing the signal at the intersection of OR 99W and SW Gaarde Street
and SW McDonald Street;
b. Widening OR 99W within the project limits;
c. Widening SW Gaarde and SW McDonald streets within the project limits;
County /City /State
Agreement No. 28161
d. Purchasing right of way sufficient to accommodate the widened streets;
and
e. Modifying, combining, and removing accesses within the project limits.
2. The Project is estimated to cost $9,444,630. Due to the uncertainty of cost
estimates, the Parties agree to finance the Project at $9,450,000. Funding will come
from the following funding sources: $944,630 from the 2003 OTIA Modernization
Program; $3,000,000 from the Surface Transportation Program; $1,500,000 from
City and up to $4,000,000 from County funds. The estimate for the total Project cost
is subject to change. City shall be responsible for any nonparticipating costs, and
Project costs beyond the State, County, and federal money that is being contributed
pursuant to paragraphs 3 and 4 below.
3. County agrees to contribute up to $4,000,000 of County funds in two or more
separate deposits, subject to full contribution of State, Federal, and City funds.
County has no other obligations under this Agreement, other than contribution of
County funds to State for Project purposes. County funds may only be applied to
the following:
a. Performance of preliminary engineering, construction engineering, and right of
way work for the Project (up to $2,000,000).
b. Project construction costs (up to $2,000,000).
4. Upon completion of Plans, Specifications, and Estimate (PS &E) review by State
Region 1 staff, State shall determine the estimated Project construction cost. State
shall next determine the amount of federal, state, and city funds available for project
construction, and the amount of County funds that, when combined with other
available funds, would be required to complete construction. County's deposits will
not exceed a total of $4,000,000 and will only be used in the amounts and for the
purposes specified to complete Project items listed in TERMS OF AGREEMENT,
Paragraphs 3a — 3b above. County will have an opportunity to review the estimate
in advance of depositing any additional funds on top of the initial deposit as per
COUNTY OBLIGATIONS Paragraph 1.
5. Part of this Project will be funded with 2003 OTIA Modernization Program funds in
the amount of $1,000,000. The remaining 2003 OTIA Modernization Program funds
which are estimated to be $944,630, after completion of Planning Phase (see
Intergovernmental Agreement No. 26,629), are to be used for the preliminary
engineering and right of way phases.
6. Part of this Project will be funded with Federal -Aid Surface Transportation Program
(STP) Program funds under Title 23, United States Code. STP urban funds for this
Project will be limited to $3,000,000. The Project will be financed with STP funds at
the maximum allowable federal participation amount, with City funds providing the
match amount of $343,363 and any non - participating amount, including all costs in
County /City /State
Agreement No. 28161
excess of the available federal funds. STP funds are available for all phases of this
Project.
7. The federal funding for this Project is contingent upon approval by the Federal
Highway Administration (FHWA). Any work performed outside the scope of work will
be considered nonparticipating and paid for at City expense.
8. State considers City a subrecipient of the federal funds it receives as reimbursement
under this Agreement. The Catalog of Federal Domestic Assistance (CFDA)
number and title for this Project is 20.205, Highway Planning and Construction.
9. The funds available under the 2003 OTIA Modernization Program are State Highway
Funds. To be eligible for reimbursement under the 2003 OTIA Modernization
Program, expenditures must comply with the requirements of Article IX, Section 3a
of the Oregon Constitution.
10. City and State have a joint obligation to ensure timely expenditure of 2003 OTIA
Modernization Program monies and to comply with the provisions of the bonds that
finance the 2003 OTIA Modernization Program.
11. If Project costs are to exceed the available funding at Plans, Specifications, and
Estimate (PS &E), State and City agree to decide how to reduce the Project scope to
stay in budget, or come up with additional funds and amend the Agreement
accordingly. Outstanding scope or budget issues must be resolved prior to submittal
of PS &E to Salem or Project will be pulled from the bid letting schedule.
12. This Agreement shall become effective on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance
responsibilities for the useful life of the facilities constructed as part of the Project.
The useful life is defined as twenty (20) calendar years. The Project shall be
completed within ten (10) calendar years following the date of final execution of this
Agreement by all Parties.
STATE OBLIGATIONS
1. State, or its consultant, in collaboration with the City, shall conduct the necessary
field surveys, environmental studies, traffic investigations, preliminary engineering
and design work required to produce and provide final plans, specifications and cost
estimates for the Project; identify and obtain all required local, state, and federal
studies and permits; acquire all necessary easements and right of way; arrange for
all utility relocations; perform or acquire all access modifications; perform all
construction engineering, including all required materials testing and quality
documentation; prepare all bid and contract documents; advertise for construction
bid proposals; award all contracts; pay all contractor costs, and provide technical
inspection, project management services and other necessary functions for sole
administration of the construction contract entered into for this Project.
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County /City /State
Agreement No. 28161
2. State shall, upon execution of this Agreement, forward to City a letter of request for
an advance deposit to be made to the City's Local Government Investment Pool
(LGIP) along with permission and account information for State to draw from the
City's LGIP account. The first advance deposit shall be in the amount of $250,000.
Requests for additional deposits for other authorized activities shall be accompanied
by an itemized statement of expenditures and an estimated cost to complete Project.
3. State shall, as withdrawals are made from the City's LGIP, provide monthly detailed
accounting statements to the City. Said withdrawals shall not exceed the City's
monthly share of expenses described in this Agreement.
4. State shall, upon execution of this Agreement, forward to County a letter of request
for an advance deposit to be made to the County's LGIP along with permission and
account information for State to draw from the County's LGIP account. The first
advance deposit shall be in the amount of $2,000,000. State shall use these funds
solely for preliminary engineering and construction engineering. Upon State
determination that the Project is ready for construction bidding, State may request
additional deposits from County for Project construction costs, in an amount
determined under Terms of Agreement Paragraph 4. Any State request for funds
shall be accompanied by an itemized statement of Project expenditures and an
estimated cost to complete Project. County's contribution for all Project tasks will not
exceed $4,000,000. Any unused County funds left at the end of the Project will be
refunded to the County.
5. Upon completion of the Project, State shall either send to City a bill for the amount
which, when added to City's advance deposit(s), will equal 100 percent of the total
cost for City's share of the Project or State will refund to City any portion of said
advance deposit which is in excess of City's share of the actual cost for the Project.
6. The State, at its expense, shall continue to operate and maintain the signals at OR
99W. State and City shall concur on implementation and maintenance of system
timing plans along OR 99W including City and State traffic signals, including allowing
and maintaining communications systems between City and State traffic signals.
7. State agrees that the portions of land acquired by State for the construction of City
street facilities shall be formally relinquished by deed to the City upon completion of
the Project. If said land was acquired with any portion of State or federal funds, then
said constructed facilities will be formally relinquished by deed to the City upon
completion of the Project so long as used for the purposes that they were
constructed. If for any reason said facilities are no longer used for the purposes that
they were constructed, the land shall automatically revert back to State.
8. If Project related right of way is purchased by State utilizing City funds, State agrees
(if not already purchased in the City's name) to relinquish any excess property to the
City upon completion of the Project. If Project right of way is purchased utilizing joint
funding, State agrees that any excess property be relinquished to the City so long as
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County /City /State
Agreement No. 28161
used for public roadway purposes. Any excess property obtained for the Project
utilizing only State contributed funds shall remain in State's name.
9. State shall maintain the asphaltic concrete pavement surrounding the vehicle
detector loops installed in OR 99W streets in such a manner as to provide adequate
protection for said detector loops.
10. State shall maintain the OR 99W roadway from curb to curb as well as any
stormwater facilities located on State right of way adjacent to OR 99W.
11. State shall cause to be relocated or reconstructed, all privately or publicly owned
utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind
and nature where such relocation or reconstruction is made necessary by the plans
of the Project in order to conform the utilities and other facilities with the plans and
the ultimate requirements for the portions of the Project which are on OR 99W.
12. All employers, including State and City, that employ subject workers who work under
this Agreement in the State of Oregon shall comply with ORS 656.017 and provide
the required Workers' Compensation coverage unless such employers are exempt
under ORS 656.126. Employers Liability insurance with coverage limits of not less
than $500,000 must be included. City shall ensure that each of its contractors
complies with these requirements.
13. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
14. State's Project Manager for this Project is Matt Freitag, 123 NW Flanders Street,
Portland, OR, 97209, 503 - 731 -4851, matthew .d.freitag @odot.state.or.us, or
assigned designee upon individual's absence. State shall notify the other Parties in
writing of any contact information changes during the term of this Agreement.
CITY OBLIGATIONS
1. City grants State, its contractors and subcontractors, the right to enter onto City right
of way for the performance of duties as set forth in this Agreement.
2. City shall upon receipt of a fully executed copy of this Agreement and upon a
subsequent letter of request from State, forward an advance deposit to the City's
LGIP along with permission and account information for State to draw from the City's
LGIP account in the amount of $250,000 for the City's share of Project design costs.
City agrees to make additional deposits for its share of other Project activities as
needed upon receipt of a State request for additional deposits for construction or
other authorized activities accompanied by an itemized statement of expenditures
and an estimated cost to complete.
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County /City /State
Agreement No. 28161
3. Upon completion of the Project and receipt from State of an itemized statement of
the actual total cost of Project costs, City shall pay any amount which, when added
to City's advance deposit, will equal City's total costs for the Project as identified in
this Agreement. Any portion of said advance deposit which is in excess of the City's
share of the total costs will be refunded or released to City.
4. City shall be responsible for 100 percent of power costs associated with all
illumination installed as a part of this Project. City shall require the power company
to send invoices directly to City.
5. City shall be responsible for and pay to the power company 100 percent of electricity
costs for the signal equipment. City shall require the power company to send
invoices directly to City.
6. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector
loops installed in the city streets in such a manner as to provide adequate protection
for said detector loops. City shall also properly maintain the pavement markings and
signing installed on city streets as part of the Project
7. City will maintain all street lighting, landscaping features, and street trees added in
between the curbs or in medians as a part of the Project.
8. All employers, including City, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt
under ORS 656.126. Employers Liability insurance with coverage limits of not less
than $500,000 must be included. City shall ensure that each of its contractors
complies with these requirements.
9. City, by execution of Agreement, gives its consent as required by ORS 373.030(2)
and ORS 105.760 to any and all changes of grade within the City limits, and gives its
consent as required by ORS 373.050(1) to any and all closure of streets intersecting
the highway, if any there be in connection with or arising out of the Project covered
by the Agreement.
10. City certifies and represents that the individual(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of City, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind City.
11. City's Project Manager for this Project is Michael Stone, City Engineer, 13125 SW
Hall Blvd, Tigard OR 97223, 503 - 718 -2759, mstone @tigard - or.gov, or assigned
designee upon individual's absence. City shall notify the other Parties in writing of
any contact information changes during the term of this Agreement.
COUNTY OBLIGATIONS
County /City /State
Agreement No. 28161
1. County shall upon receipt of a fully executed copy of this Agreement and upon a
subsequent letter of request from State, forward an advance deposit to the County's
LGIP in the amount of $2,000,000 along with permission and account information for
State to draw from the County's LGIP account. County agrees to make additional
deposits up to $2,000,000 for Project costs, in the amounts and for the purposes
specified in TERMS OF AGREEMENT Paragraphs 3a — 3b, up to a total contribution
not to exceed $4,000,000 total as needed for authorized activities upon receipt of a
State request for additional deposits accompanied by an itemized statement of
Project expenditures to date and an estimated cost to complete including the
contributions of all other Parties.
2. County certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance County stated funding obligations
under this Agreement within County's current appropriation or limitation of its current
biennial budget.
3. County certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of County,
under the direction or approval of its governing body, commission, board officers,
members or representatives, and to legally bind County.
4. County's Project Manager for this project is Gary Stockhoff, County Engineer, 1400
SW Walnut Street, MS 18, Hillsboro, OR 97123 -5625,
gary_stockhoff @co.washington.or.us, and 503 - 846 -7820 or assigned designee upon
individual's absence. County shall notify the other Parties in writing of any contact
information changes during the term of this Agreement.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual written consent of the Parties.
2. State may terminate this Agreement effective upon delivery of written notice to City
and County, or at such later date as may be established by State, under any of the
following conditions:
a. If City or County fail to provide services called for by this Agreement
within the time specified herein or any extension thereof.
b. If City or County fail to perform any of the other provisions of this
Agreement, or so fails to pursue the work as to endanger performance
of this Agreement in accordance with its terms, and after receipt of
written notice from State fails to correct such failures within ten (10)
days or such longer period as State may authorize.
c. If City or County fail to provide payment of its share of the cost of the
Project.
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County /City /State
Agreement No. 28161
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or State is prohibited from paying for such work from the
planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
4. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ( "Third Party Claim ") against State,
County, or City with respect to which the other Party may have liability, the notified
Party must promptly notify the other Party in writing of the Third Party Claim and
deliver to the other Party a copy of the claim, process, and all legal pleadings with
respect to the Third Party Claim. Each Party is entitled to participate in the defense
of a Third Party Claim, and to defend a Third Party Claim with counsel of its own
choosing. Receipt by a Party of the notice and copies required in this paragraph and
meaningful opportunity for the Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to that Party's liability with respect to the Third Party Claim.
5. With respect to a Third Party Claim for which State is jointly liable with City or
County (or would be if joined in the Third Party Claim), State shall contribute to the
amount of expenses (including attorneys' fees), judgments, fines and amounts paid
in settlement actually and reasonably incurred and paid or payable by City or County
in such proportion as is appropriate to reflect the relative fault of State on the one
hand and of City or County on the other hand in connection with the events which
resulted in such expenses, judgments, fines or settlement amounts, as well as any
other relevant equitable considerations. The relative fault of State on the one hand
and of City or County on the other hand shall be determined by reference to, among
other things, the Parties' relative intent, knowledge, access to information and
opportunity to correct or prevent the circumstances resulting in such expenses,
judgments, fines or settlement amounts. State's contribution amount in any instance
is capped to the same extent it would have been capped under Oregon law,
including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole
liability in the proceeding.
6. With respect to a Third Party Claim for which City or County is jointly liable with
State (or would be if joined in the Third Party Claim), City or County shall contribute
to the amount of expenses (including attorneys' fees), judgments, fines and amounts
paid in settlement actually and reasonably incurred and paid or payable by State in
such proportion as is appropriate to reflect the relative fault of City or County on the
one hand and of State on the other hand in connection with the events which
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County /City /State
Agreement No. 28161
resulted in such expenses, judgments, fines or settlement amounts, as well as any
other relevant equitable considerations. The relative fault of City or County on the
one hand and of State on the other hand shall be determined by reference to,
among other things, the Parties' relative intent, knowledge, access to information
and opportunity to correct or prevent the circumstances resulting in such expenses,
judgments, fines or settlement amounts. City's or County's contribution amount in
any instance is capped to the same extent it would have been capped under Oregon
law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole
liability in the proceeding.
7. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non - binding arbitration) to resolve the dispute short of litigation.
8. If City fails to maintain facilities in accordance with the terms of this Agreement,
State, at its option, may maintain the facility and bill City, seek an injunction to
enforce the duties and obligations of this Agreement or take any other action allowed
by law.
9. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
10. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
This Project is in the 2012 -2015 Statewide Transportation Improvement Program, Key
#16968 that was approved by the Oregon Transportation Commission on March 21,
2012 (or subsequently approved by amendment to the STIP).
SIGNATURE PAGE TO FOLLOW
In
County /City /State
Agreement No. 28161
CITY OF TIGARD, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
By By
Highway Division Administrator
Date
Date
APPROVED AS TO LEGAL SUFFICIENCY
APPROVAL RECOMMENDED
By
By
Counsel State Right of Way Manager
Date Date
Washington County, by and through its By
Board of County Commissioners Region 1 Manager
By Date
Date B y
State Traffic Engineer
APPROVED AS TO LEGAL SUFFICIENCY Date
By By
Region 1 Right of Way Manager
County Counsel
Date
Date
By
City Contact: District 2B Manager
Michael Stone, City Engineer
13125 SW Hall Blvd Date
Tigard, OR 97223 APPROVED AS TO LEGAL
503 - 718 -2759 SUFFICIENCY
mstone @tigard - or.gov
County Contact: Ay
Assistant Attorney General
Gary Stockhoff
County Engineer Date
1400 SW Walnut Street, MS 18
Hillsboro, OR 97123 -5625 State Contact:
503 - 846 -7820 Matt Freitag
gary_stockhoff @co.washington.or.us 123 NW Flanders Street
Portland OR 97209
503 - 731 -4851
matthew .d.freitag @odot.state.or.us
County /City /State
Agreement No. 28161
EXHIBIT A
PROJECT DESCRIPTION
City of Tigard
Washington County
OR 99W: Gaarde /McDonald Intersection Improvements
The City of Tigard proposed, and the Oregon Transportation Commission has
endorsed, a Federal Transportation Reauthorization Request to improve safety and
capacity of this heavily congested intersection of Highway 99W. Considering the fact
that the new arterials proposed for addressing traffic demand from 99W to 1 -5 are likely
a number of years away, it is important that the existing route function as safely and
efficiently as possible. The planned improvements include improved bicycle, pedestrian
and transit connections, access management, improved capacity and additional turn -
lanes.
Project Cost Estimate Project Financing
Preliminary engineering City Contribution $1,500,000
& design $1,300,000
Right of way purchase $3,000,000 County Contribution up to $4,000,000
Construction $4,800,000
Total $9,100,000 STP (including match) $3,000,000
OTIA $944,630
Total $9,444,630
12
County /City /State
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AIS -1197 3. H.
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): Consent Item
Agenda Title: Agree to Coordinate the South Cooper Mountain and River Terrace Planning Efforts -
Resolution
Prepared For: Darren Wyss, Senior Planner
Submitted By: Cathy Wheatley, Administrative Services
Item Type: Resolution Meeting Type: Consent Agenda
Public Hearing: No Publication Date:
Information
ISSUE
Consider a joint resolution with the City of Beaverton regarding coordination of the South Cooper Mountain and River
Terrace Planning Efforts.
STAFF RECOMMENDATION / ACTION REQUEST
Adopt the proposed resolution.
KEY FACTS AND INFORMATION SUMMARY
The Tigard and Beaverton City Councils met on February 12, 2013, for the purpose of discussing coordination and
collaboration on the River Terrace Community Plan and South Cooper Mountain planning efforts.
Consensus of both councils was a desire to recognize and acknowledge the mutual benefits in working together closely
on matters of mutual interest as the urbanization planning process proceeds.
Attached is a proposed joint Tigard /Beaverton resolution that will be considered by the Beaverton City Council at its
February 19, 2013, City Council meeting.
OTHER ALTERNATIVES
Propose adjustments to the draft resolution.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
February 12, 2013 - Joint meeting with the Beaverton City Council.
� c
Attachments
Proposed Resolution
RESOLUTION NO. 4163 , City of Beaverton
RESOLUTION NO. 13- , City of Tigard
A JOINT RESOLUTION OF THE CITY OF BEAVERTON AND CITY OF TIGARD
REGARDING COORDINATION OF THE SOUTH COOPER MOUNTAIN AND
RIVER TERRACE PLANNING EFFORTS
WHEREAS, the City of Beaverton recently annexed approximately 544 acres along the
north side of SW Scholls Ferry Road in the South Cooper Mountain (SCM) area known as
Urban Reserve Area 6B, and over the next 18 months intends to complete a concept plan and
community plan leading to comprehensive plan and zoning amendments authorizing
urbanization; and
WHEREAS, the City of Tigard has annexed approximately 500 acres known as the River
Terrace Community Plan (RTCP) area , adjacent to the SCM area annexed by Beaverton along
the south side of SW Scholls Ferry Road, and intends to prepare a community plan over the
next 18 months based on the West Bull Mountain Concept Plan completed by Washington
County in 2010 that will refine land uses identified in the concept plan into city zoning and
regulations, and update city infrastructure plans to reflect future urbanization needs; and
WHEREAS, the cities of Beaverton and Tigard are both commencing planning efforts in
preparation for future urbanization of areas added to their respective jurisdictions in the general
vicinity of SW Scholls Ferry Road and SW 175 /Roy Rogers; and
WHEREAS, the geographic proximity of the two planning areas, and concurrent project
timelines, create opportunities for the cities to collaborate on matters of mutual interest,
including: transportation; sanitary sewer; stormwater; infrastructure financing strategies; natural
resource issues; and public involvement; and
WHEREAS , the Beaverton City Council and the Tigard City Council held a joint meeting
on February 12, 2013, for the purpose of discussing coordination and collaboration on the SCM
and RTCP planning efforts; and
WHEREAS, the cities recognize and acknowledge the mutual benefits in working
together closely on matters of mutual interest as the urbanization planning proceeds; and
WHEREAS, both cities concur that it is advantageous to collaborate on infrastructure
financing strategies to potentially eliminate duplicate efforts and lower the costs for each
jurisdiction for funding improvements needed to support development in the newly urbanizing
areas; and
WHEREAS, both cities agree that timely completion of the planning necessary to
accommodate urbanization in SCM and RTCP is important for economic growth and vitality, and
that these planning efforts and subsequent capital improvement programming for infrastructure
projects needed for urban development, will be prioritized accordingly.
Beaverton Resolution No. 4163 1
Tigard Resolution No.
NOW, THEREFORE, BE IT RESOLVED that the City of Beaverton and the City of Tigard agree
that it is desirable to coordinate on matters of mutual interest as the planning efforts for SCM
and RTCP move forward, and direct staff to collaborate to address planning, extension and
financing of infrastructure needed to support planned development in these newly urbanizing
areas.
Adopted by the Beaverton City Council this day of February, 2013.
Approved by the Mayor this day of February, 2013.
Ayes: Nays:
APPROVED:
DENNY DOYLE, Mayor
ATTEST:
Catherine Jansen, City Recorder
Adopted by the Tigard City Council this day of February, 2013.
Approved by the Mayor this day of February, 2013.
APPROVED:
JOHN L. COOK, Mayor
ATTEST:
Cathy Wheatley, City Recorder
Beaverton Resolution No. 4163 2
Tigard Resolution No.
AIS -1115 4
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): 10 Minutes
Agenda Title: Hummel Annexation
Submitted By: Cheryl Caines, Community Development
Council
Business
Ordinance Meeting -
Item Type: Public Hearing - Quasi Judicial Meeting Type: Main
Public Hearing
Newspaper Legal Ad Required ?: Yes
Public Hearing Publication
Date in Newspaper: 02/14/2013
Information
ISSUE
Consider adoption of an ordinance to annex one parcel (1.01 acre). The applicant's septic is failing and needs access to
city sanitary service.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends adopting the attached ordinance annexing the subject territory to the City of Tigard.
KEY FACTS AND INFORMATION SUMMARY
Key Facts:
The annexation includes one (1) parcel totaling 1.01 acre that is developed with a single- family residence. The applicant
is requesting to annex to the city to obtain sanitary sewer service because the existing septic system cannot be repaired.
All property owners and registered voters in the proposed territory have consented to the annexation. The City invited
two adjacent property owners to join the annexation and received no response. Washington County zoning is R6. The
parcel will be zoned R -7 upon annexation. This is the closest equivalent city zoning.
Key Findings:
The proposed territory is contiguous to the Tigard City Limits. Urban services are available and of sufficient capacity to
serve the subject parcel. The proposed territory is within Metro's Urban Growth Boundary. As outlined in the staff
report, the proposed annexation meets the requirements of the Tigard Community Development Code and
Comprehensive Plan, state statutes and the Metro Code.
OTHER ALTERNATIVES
Adopt findings to deny the application.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
No applicable council goals.
DATES OF PREVIOUS CONSIDERATION
None.
Fiscal Impact
Cost: Minimal
Budgeted (yes or no): No
Where Budgeted (department /program): N/A
Additional Fiscal Notes:
If approved the proposed annexation territory would likely be transferred to the City's tax roll on July 1, 2013.
Annexations must be final (ORS 222.010) by March 31 of the same calendar year for the tax year beginning July 1st. In
accordance with Tigard Ordinance 12 -09, city property taxes will be phased -in over a three year period.
Attachments
Draft Ordinance
Exhibit A - Legal Description
Exhibit B - Legal Map
Exhibit C - Staff Report
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in
the attached Exhibits "A" and "B ", and withdraws said parcel from the Tigard
Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA20012-
00002) as findings in support of this decision; a copy of the staff report is attached
hereto as Exhibit "C" and incorporated herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including filing certified copies of the Ordinance with Metro for administrative
processing, filing with state and county agencies as required by law, and providing
notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District shall be the effective date of
this annexation.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with
the Secretary of State.
PASSED: By vote of all Council members present after being read by number
and title only, this day of , 2013.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of , 2013.
Approved as to form: John L. Cook, Mayor
City Attorney
Date
OR INN ANCF. No. 13-
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When you are called to testify, please come forward to the table. Please begin your testimony by
giving your name, spelling your last name, and give your full mailing address including zip code.
If you represent someone else, please say so. If you have any exhibits you want us to consider,
such as a copy of your testimony, photographs, petitions, or other documents or physical
evidence, at the close of your comments you must hand all new exhibits to the City Recorder
who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal
opportunities expire, and then you can ask for their return.
I: \adm \cathy \cca \quasi judicial rules of procedure \rules of procedure - annexation is quasi judicial but not land use - hummel annexation.doc
AGENDA ITEM No. 4 Date: February 26, 2013
PUBLIC HEARING
(QUASI - JUDICIAL)
TESTIMONY SIGN -UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
QUASI-JUDICIAL PUBLIC HEARING - ZONE CHANGE ANNEXATION (ZCA) 2012-
00002 - HUMMEL ANNEXATION
REQUEST: A request to annex one parcel (1.01 acres) on SW 133rd Avenue to the City of Tigard
to obtain sanitary sewer service. LOCATION: 14695 SW 133rd Avenue; Washington County Tax
Assessor's Map 2S109AC, Tax Lot 0500.
COUNTY ZONE: R6: Residential, 5 units /acre minimum density, 6 units /acre maximum density.
The purpose of the R -6 District is to implement the policies of the Comprehensive Plan for areas
designated for residential development at no more than six (6) units per acre and no less than five
(5) units per acre, except as specified by Section 300 -2, Section 300 -5, or Section 303 -6. The intent
of the R -6 District is to provide the opportunity for more flexibility in development than is allowed
in the R -5 District.
EQUIVALENT CITY ZONE: R -7: Medium- Density Residential District. The R -7 zoning district
is designed to accommodate attached single - family homes, detached single - family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a
minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted
outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE
REVIEW CRITERIA: The approval standards for annexations are described in Community
Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12,
and Goal 14; ORS Chapter 222; Metro Code Chapter 3.09.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I /ADM /Cathy /CCSignup/ QJPH 130226
AGENDA ITEM No. 4 Date: February 26, 2013
PLEASE PRINT
Pro • onent — (Speaking In Favor) Opponent — (Speaking Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AIS -1154 5.
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): 60 Minutes
Agenda Title: Legislative Public Hearing: DCA2012 -00004 Durham Facility Plan District
Submitted By: John Floyd, Community Development
Ordinance
Item Type: Public 1- fearing - Legislative Meeting Type: Council Business Meeting - Main
Public Hearing: Yes Publication Date:
Information
ISSUE
Public Hearing to consider the Planning Commission Recommendation regarding DCA2012- 00004, an amendment
package to adopt a new plan district to regulate the CWS wastewater treatment plant, and supporting amendments to
create a legal foundation for plan districts within the Tigard Development Code.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends Council support the Planning Commission's recommendation to adopt DCA2012- 00004, as set forth
in the attached draft ordinance.
KEY FACTS AND INFORMATION SUMMARY
The principal purpose of this project is the adoption of new land use regulations for an existing regional wastewater
treatment plant within the City of Tigard. These regulations will reside within a new, single -use plan district to be
known as Tigard Development Code (TDC) Chapter 18.650: Durham Advanced Wastewater Treatment Facility Plan
District. The purpose of this district is to acknowledge the future operation, modification, and growth of the wastewater
facility, while avoiding or mitigating off -site impacts that may negatively affect adjoining properties and public facilities.
Associated with this project are a series of supporting text amendments to create consistency and clarity regarding plan
districts generally. The first is the proposed creation of Chapter 18.605 (Plan Districts) to establish a clear purpose
statement and approval standards for their adoption and modification. At present the TDC lacks any standards and
guidance pertaining to the adoption and implementation of plan districts. As a result, existing plan districts vary in
naming convention and lack clear maps demarcating where they are to be applied. The proposed amendments are
intended to correct these deficiencies.
Please refer to the attached Project Report for the proposed text and map amendments, including additional
background information, major issues, and commentary. Major project components are summarized below:
Creation of Chapter 18.605 (Plan Districts) to provide a purpose statement for Plan Districts and approval standards
and review processes for their adoption.
Text Amendments to 18.610 (Downtown), 18.620 (Tigard Triangle), 18.630 (Washington Square), and 18.640 (Durham
Quarry aka Bridgeport Village) to create a uniform naming convention and include boundary maps to clarify where the
regulations apply. Map boundaries are based on those established at the time of adoption of each district.
Creation of Chapter 18.650 to acknowledge and regulate the continued operation and development of the Durham
Facility as a primary allowed use within existing property boundaries.
OTHER ALTERNATIVES
The Council may approve, approve with modifications, deny or adopt an alternative to an application for the legislative
change or remand to the Commission for rehearing and reconsideration
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
October 11, 2011
June 12, 2012
February 5, 2013
Attachments
Draft Ordinance
Staff Report
Project Report
AGENDA ITEM No. 5 February 26, 2013
TESTIMONY
SIGN -UP SHEETS
Please sign on the following page(s) if you wish to testify before
City Council on:
LEGISLATIVE PUBLIC HEARING -
CONSIDERATION OF AN ORDINANCE ADOPTING
DEVELOPMENT CODE AMENDMENT DCA 2012-
00004 - DURHAM ADVANCED WASTEWATER
TREATMENT FACILITY PLAN DISTRICT &
GENERAL PLAN DISTRICT STANDARDS
PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development
Code (TDC) and Zoning Map in a combined amendment package to adopt two new chapters
and clarify the applicable boundaries of four existing chapters. The City proposes the adoption of
Chapter 18.605 (Plan Districts) to provide approval standards for the adoption of future plan
districts or the modification of existing and future plan districts. The City and Clean Water
Services jointly propose the adoption of Chapter 18.650 to create a new plan district to govern
future development within the 106 acre Durham Advanced Wastewater Treatment Facility
(Durham Facility). The City also proposes text amendments to TDC Chapters 18.600, 610, 620,
630, and 640 to create a uniform naming convention and add boundary maps to provide clarity as
to where the regulations apply; boundary maps to be identical to those adopted with the
applicable chapters for illustrative and clarifying purposes only. The City also proposes
corresponding changes to the official Zoning Map to add the boundaries of the Durham Facility
Plan District and four other existing plan districts which are not presently shown.
ZONES:
Chapters 18.600 & 18.605: Citywide
Chapter 18.610: MU -CBD Zoning District
Chapter 18.620: C -G & MUE
Chapter 18.630: MUC, MUE -1, MUE -2, MUR -1, MUR -2, R -4.5, R -7, & R -12
Chapter 18.640: MUC -1
Chapter 18.650: I -P & R -4.5
LOCATION: Citywide and properties identified in the Attached Maps.
APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 6, 9, 10, 11 and 13; Metro
Urban Growth Management Function Plan Title 4; Comprehensive Plan Goals 1, 2, 6, 9, 10, and
11; and Community Development Code Chapters 18.380 and 18.390.
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 Three - Minute Time Limit on Testimony
n\JJ_.i L1111. LilY.L 1NV. .7 L a, r✓a LL L LAW, vV i✓
PLEASE PRINT
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
available to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AIS -1177
6.
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): 30 Minutes
Agenda Title: Renew Annexation Incentives - Resolution
Submitted By: Carol Krager, City Management
Council
Business
Meeting -
Item Type: Resolution Meeting Type: Main
Public Hearing
Newspaper Legal Ad Required ?: No
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Consider a resolution to renew annexation incentives, which defines incentives for voluntary annexation of
unincorporated lands to the municipal city limits.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends that council consider whether or not to adopt the proposed resolution amending Resolution No.
07 -13 extending voluntary annexation incentives until February 2014. Adopting the resolution would preserve the
incentives for another year, pending council reconsideration of incentives at some future date.
KEY FACTS AND INFORMATION SUMMARY
As stipulated in Resolution 12 -09, council's annual review of its annexation policy, including annexation incentives, is to
occur in February 2013.
Resolution 07 -13 approved the following annexation incentives: 1) waiver of the city annexation application fee for all
annexation requests, and 2) phasing in of city property taxes over a three -year period at the rate of 33%, 67 %, and
100 %. In July of 2007, City Council passed a second resolution (Resolution 07-47) to subsidize payment of Metro's
annexation mapping fee for applicants. City staff then began the practice of assisting applicants with property
descriptions, provided it does not involve field work, and to waive the pre - application conference fee. Resolutions
extending the incentives were subsequently adopted annually.
Attachment 1 provides an updated resolution extending the current incentives to February 2014.
OTHER ALTERNATIVES
1. Not adopt the 2013 resolution, allowing the incentives to expire.
2. Amend the resolution, such as remove, add or modify incentives.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
NA
DATES OF PREVIOUS CONSIDERATION
2008, 2009, 2010, 2011, and Feb 28, 2012
Fiscal Impact
Cost: TBD
Budgeted (yes or no): yes
Where Budgeted (department /program): Community Development
Additional Fiscal Notes:
The fiscal impact of maintaining these incentives is highly variable and related mostly to development activity. For
example, in 2013 it is anticipated that almost $800 will be paid for Metro filing fees. In 2011, there was one
annexation by the city for which the resolution does not apply and one by a landower that has been put on hold by the
owner. In 2010, there was only one annexation in Metzger and the City lost approximately $3,349 in fees and paid
$150 in Metro mapping fees. Also a small amount of staff time was spent assisting the owner with the required
property description. However, over the five -year period that the incentives have been in place the City has foregone
and spent about $30,775. It is estimated that by 2012 foregone fees will have been covered by new property tax
revenue from annexed properties. If activity increases significantly, the budget may need an adjustment to compensate
for the fees and staff time.
In addition to the forgone fee revenue, the City also did not receive the full amount of property taxes. It is estimated
that, during the last five years, the City did not receive about $8,600 in property tax revenue because of the tax
phase -in incentive.
Attachments
Annexation Incentives Resolution
AIS -1168 7
Business Meeting
Meeting Date: 02/26/2013
Length (in minutes): 10 Minutes
Agenda Title: Adopt a Resolution of Necessity to Acquire Property for the 92nd Avenue
Sidewalk Project
Prepared For: Mike Stone Submitted By: Kristie
Peerman,
Public Works
Council
Business
Meeting -
Item Type: Resolution Meeting Type: Main
Public Hearing
Newspaper Legal Ad Required ?: No
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the council adopt a resolution of necessity to acquire property for the 92nd Avenue sidewalk project?
STAFF RECOMMENDATION / ACTION REQUEST
Adopt the resolution.
KEY FACTS AND INFORMATION SUMMARY
Under the 92nd Avenue sidewalk project, the city plans to construct a sidewalk along one side of 92nd Avenue from
Waverly Drive (at the south end of the Tigard High School property) to Cook Park. This section of 92nd Avenue
currently has no sidewalks and is a highly- traveled pedestrian route. The project will provide a place for pedestrians to
walk that is off the paved roadway.
In order to construct the sidewalk, the city needs to acquire easements and private property for right of way; property
must be acquired from one property owner.
The city's standard practice is to negotiate with the property owner and purchase the property at fair price. However, as
a last resort, it is sometimes necessary to acquire property and easements via condemnation. If there is a possibility that
condemnation may be required, the federal property acquisition process dictates that a resolution of necessity be
adopted before negotiations begin. The city follows the federal process to ensure it will qualify for federal funding
opportunities now and in the future.
If council adopts the resolution of necessity, the city (or the city's agent) will enter into negotiations with the property
owners to buy the required easements and properties, or portions of the properties, at the appraised value. Should
negotiations prove unsuccessful, the resolution authorizes the city to proceed with condemnation.
OTHER ALTERNATIVES
The council could choose not to adopt the resolution and could direct staff how to proceed with easement and right of
way acquisition. Failure to acquire the property will affect the city's ability to construct the project.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
This project is included in the 2012 -2013 Capital Improvement Plan.
DATES OF PREVIOUS CONSIDERATION
The council was briefed on this resolution of necessity in executive session on January 22, 2013.
Fiscal Impact
Cost: $50,000
Budgeted (yes or no): Yes
Where Budgeted (department /program): Gas Tax & Traffic Impact Fee Funds
Additional Fiscal Notes:
There is $100,000 in the 2012 - 2013 CapitalImpmvement Plan to acquire property and easements for this project.
Attachments
Resolution
Exhibits to Resolution