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City Council Packet - 08/24/2021 ' City of Tigard - Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: August 24,2021 - 6:30 p.m. Business.Meeting MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE:In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before noon the day of the meeting. •If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue. We ask that you plan on limiting your testimony to three minutes. SEE ATTACHED AGENDA VIEW LNESTREAM ONLINE: http://www.tigard-or.gov/city hall/council meeting.php CABLE VIEWERS:The City Council Business meeting may be shown live on Channel 28 at 6:30 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. 11 'I City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: August 24,2021 - 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Tigard Area Chamber of Commerce C. Public Comment—Written D. Public Comment—Phone-In 3. CONSENT AGENDA: The Consent Agenda is used for routine items including council meeting minutes, and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. A. PROCLAIM SEPTEMBER 1 BACK TO SCHOOL APPRECIATION DAY B. APPROVE CITY COUNCIL MINU'I S: •January 19,2021 •February 2,2021 •February 9,2021 •February 23, 2021 •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council Town Center Development Agency has voted on those items which do not need discussion. 4. RECEIVE CAPITAL IMPROVEMENT PLAN UPDATE 6:45 p.m. estimated time 5. RECEIVE UPDATE ON THE URBAN PLANNING AREA AGREEMENT WITH WASHINGTON COUNTY 7:15 p.m. estimates ._.._ 6. AMERICAN RESCUE PLAN ACT (ARPA) FUNDING RECOMMENDATIONS 7:25 p.m. estimated time 7. RECEIVE UPDATE ON HOMELESSNESS RESPONSE 7:40 p.m. estimated time 8. NON-AGENDA ITEMS 9. ADMINISTRATIVE REPORT 8:10 p.m. estimated time 10. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss pending litigation or litigation likely to be filed,under ORS 192.660(2) (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8:15 p.m. estimated time 11. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss property negotiations,under ORS 192.660(2) (e).All discussions are confidential and the same conditions as noted in the agenda item above will be in effect. 8:45 p.m. estimated time 12. ADJOURNMENT 9:00 p.m. estimated time SUPPLEMENTAL PACKET City Council Update August 24, 2021 (DATE OF MEETING) At9eGI 4 . 13 Chamber Update Leadership Tigard Leadership Tigard application deadline is September 23. We are estimating the class will have around 18 participants. Education, Advocacy &Building a Strong Local Economy 6 Businesses joined the chamber in July. On Thursday,August 19—we partnered with surrounding chambers of commerce in Washington County and the Chair of the Washington County Board of Commissioners to hold a restaurant listening session. We assisted the City of Tigard staff with promoting the business listening sessions on homelessness. Government Affairs& Public Policy Meeting—September 16th 1st Week of October—Panel discussion on"Hiring During a Tight Job Market" in partnership with the surrounding Washington County Chambers of Commerce. Networking&Visibility Good Morning Tigard—Thursdays from 7:30 to 8:45 a.m.. 8/26—Virtual,9/2—Virtual hosted by the Business Recovery Center, 9/9—In-person hosted by Inman Financial Services,9/16—Virtual, 9/23—In-person hosted by Fit Alliance, 9/30—Virtual Details available at http://business.tigardchamber.org/eveiits/calendar/ Tigard Farmers Market The Tigard Farmers Market is open Sundays from 9 AM to 1:30 PM in Downtown Tigard.We are accepting applications for different vendor types. Katherine Wiley is the new Tigard Farmers Market Market Manager. Tigard Downtown Alliance The 2021 Downtown Tigard Art Walk was successful! Thank you to everyone that participated. Tigard Drinks for Good was also very successful! Over$300 was raised for Tualatin Valley Creates. Now,the Tigard Downtown Alliance is starting to plan what the Trick or Treat Main Street, Small Business Saturday and Holiday Tree Lighting could look like this year. �`��/ t\GARO TIGARD Leadership Tigard . �i\rrauuwT oa TDA csd Building Leaders.Growing Community. town Pia SUPPLEMENTAL PACKET 4 FOR r _ ay�a -. (DATE OF MEETING) .,r No Public Comments were received by the noon deadline for the August 24, 2021 Meeting of the Tigard City Council AIS-4694 3.A. Business Meeting Meeting Date: 08/24/2021 Length(in minutes): Consent Item Agenda Title: Proclaim September 1 Back to School Appreciation Day Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Traci Rose at Tigard Tualatin School District (TTSD) said they are planning a welcome back for all TTSD employees outside at Tualatin High School on September 1st in the morning. This will be a kick-off to their teaching training as they head towards back to school. It will be TTSD's first welcome back celebration since August 2019. TTSD is planning a "blow the roof' off celebration (socially distanced and responsibly safe of course). The request is for a proclamation acknowledging the celebration. STAFF RECOMMENDATION /ACTION REQUEST Proclaim September 1, 2021 "Back to School Appreciation Day" KEY FACTS AND INFORMATION SUMMARY During the past year,the Covid-19 pandemic has affected parents and caretakers who were suddenly challenged to manage their children's education via online learning. The school district is excited to get back to in-person learning and hoped to have the support of City Council for their September 1 celebration honoring the return of students to our schools in the Tigard Tualatin School District. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this request has been made and the first time a worldwide pandemic has interrrupted so many routines and normal educational experiences. Attachments Back to School Appreciation Day ' \ yilli' E. 1111_ ca. few,c r` felon s, iii J cit,of Tigard I ' BACK TO SCHOOL APPRECIATION DAY t September 1, 2021 1. r, '' 1 WHEREAS, in recognition of Tigard's teachers,coaches, parents,school district i. employees,volunteers, mentors and school board officials,the Tigard City Council �j- extends their profound appreciation for your distinguished service,innovation,creativity .-•. 1 and dedication to our children throughout a remote-learning school year dominated by rit3.03 the effects of Covid-19;and r„I WHEREAS,after a year of distance learning and limited,altered,or discontinued activities 1 y A• x Xrj , and celebrations of school milestones,Tigard teachers,aides,principals,school board Jr members and supporting school staff are preparing to welcome the return of in-person I Tigard-Tualatin School District students;and 1. -` •=`-- - -i WHEREAS,the diverse,supportive and engaging in-person classroom structure and •.,),...,.,,4 experiences embraced by the Tigard-Tualatin School District community allows educators s ' 1to support students and each other and build a durable sense of community that buoys parents,students and families;and oliva ,:;•":- `. WHEREAS,Tigard school routines have been sorely missed by students, parents and 3 ^�;ti the community over the course of 2020 and a new recognition of and appreciation for •� the difficult job educators take on everyday exists in households across the city;and WHEREAS,Tigard families are eagerly anticipating the return of in-person learning and _ connections that have been the cornerstone of a student's educational experience and , contributed to lifelong memories,friendships and successful future careers. '1 • r NOW THEREFORE BE IT RESOLVED that the Tigard City Council does hereby //� ,1 proclaim the September 1,2021 as 1-- BACK TO SCHOOL APPRECIATION DAY ., i, ' in Tigard,Oregon and encourages residents to recognize the important role that dedicated • . .•ieducators play in developing a great community for future generations.Thank you teachers --,9 for all you do to fill so many roles-mentors, role models,coaches and motivators-in the : _ I.., , community- If.i_ -�, 'it '! 24th Dated this 24 day of August,2021 • ''' IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City .-,---1. of Tigard to be affixed. rr V Jason B. Snider, Mayor I • }' City of Tigard ..1! Attest: Carol Kroger, City Recorder I:=n �, -- ? : 4 =1 ,. -i-" , - t , _ as. -►. 1. AIS-4707 3. B. Business Meeting Meeting Date: 08/24/2021 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No 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: •January 19, 2021 •February 2,2021 •February 9,2021 •February 23,2021 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments l anuary 19,2021 Minutes February 2,2021 Minutes February 9,2021 Minutes February 23,2021 Minutes City of Tigard • ■ City Council Workshop/Business Meeting Minutes TIGARD January 19, 2021 1. WORKSHOP/BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the Tigard City Council to order. B. City Recorder Krager called the roll. Present Absent Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items—None. 2. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 6.02 RELATED TO PEDESTRIAN EASEMENTS A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony. Written comments were due by 4:30 p.m. this afternoon and those wishing to testify via phone could call 503-966-4101 and be put in the queue to speak. There were no written or phone-in comments. C. City Attorney Rihala gave the staff report. Pedestrian easements are generally used by commercial developers to satisfy development standards and create connections.But property owner responsibilities over public pedestrian or trail easements are generally negotiated on a case-by-case basis. Staff is proposing to treat them the same as sidewalks, for purposes of maintenance and if there were some sort of injury the city would not be held responsible. TIGARD CITY COUNCIL MEETING MINUTES—January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 14 In response to a question from Councilor Newton, City Attorney Rihala said these types of easements are typically negotiated to satisfy a code requirement for connectivity or for some other development advantage. This is a benefit to the property owner. Council President Lueb asked about the burden of general foot traffic placed on a property owner by these easements. City Attorney Rihala said there would be additional traffic because these easements are put there to increase neighborhood connectivity,but it wouldn't be an individual property owner granting access,more likely an HOA. She noted that most easements under discussion have been on large commercial properties. Council President Lueb asked if this would change previous agreements and City Attorney Rihala said no,it is effective for every agreement going forward, or to fill in the gap in the absence of clearly stated responsibilities. D. Public Testimony—There was no written or phone-in testimony. E. Staff response to testimony. None. F. Mayor Snider closed the public hearing. G. Council consideration of Ordinance No. 21-03. Mayor Snider said he is concerned that the property owners are responsible for maintenance and at Summerfield for example, a homeowner would have to walk three-quarters of a mile just to access it. He asked City Attorney Rihala if there were concerns about unintended consequences where it would be overly burdensome. She said that is not the intention. Code enforcement is complaint driven. In the absence of this clarification in the code, Summerfield would be ambiguous. She said this code change will make sure everyone is on a level playing field and it does not burden the older neighborhoods. Councilor Shaw asked about existing development with a conservation or access easement. She noted that there are some developments with an HOA on paper, but the HOA is no longer active. City Attorney Rihala said this only applies if the easement was dedicated to the city and would not cover private paths or conservation easements. Councilor Newton moved to approve Ordinance No. 21-03. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 21-03—AN ORDINANCE AMENDING CHAPTER 6.02 OF THE TIGARD MUNICIPAL CODE TO CLARIFY MAINTENANCE AND RESPONSIBILITIES FOR PUBLIC PEDESTRIAN EASEMENTS Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that Ordinance No. 21-03 was approved unanimously. TIGARD CITY COUNCIL MEETING MINUTES —January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 14 3. RECEIVE PARKS MASTER PLAN UPDATE Public Works Director Rager introduced this agenda item and said the timing of the update is designed to prepare the City Council for the joint meeting with the Parks and Recreation Advisory Board in February. He noted that the previous update focused on physical gaps and looking through an equity lens at park locations. This update also focuses on gaps but more along the lines of park conditions,resources needed to improve those conditions, organizational structure, and funding to help ensure that a high-quality park supporting recreation services is within a 10-minute walk for all residents. New Parks,Recreation and Green Infrastructure Manager Rick Gruen was introduced. Mr. Gruen said he was pleased to join the Tigard staff and was excited for Council to hear the update. MIG Project Manager Alex Dupey and Principal in Charge Lauren Schmitt have been looking at the parks and how they are managed. Mr. Dupey noted that a 10-minute walk analysis was completed, comparing park and trail access to Tigard's demographics. An equity issue is that some areas have great access to nice,new parks and some areas of Tigard are very underserved. Each park was assessed, and consultants and staff are developing a park facility grading system. An online survey was completed. Also considered in their analysis was staffing, a recreation program development timeline and project priorities. Mr. Dupey noted that a lot of the project goals align with the city's Strategic Plan. Having equitable access to the public facilities and spaces within Tigard is an important element. Another consideration is whether there is equitable access to recreation services and ultimately increasing the diversity of applicants and users of those services. MIG Principal in Charge Schmitt discussed organizational alternatives. They looked at staffing and how services have been provided in the past. Recreation is an area that the city has grown and added programs to over the past few years. She set the context by using National Recreation and Park Association (NRPA) park metrics and looking at where Tigard is currently as a service provider. A lot of things are pretty much the norm for typical parks agencies such as special events and operating main sites. Tigard stands out by administering community gardens. She showed a slide of NRPA Park Metrics on programming such as team sports, themes, and special events. She noted that Tigard's recreation program is newer and has a small staff,but these programs show where the recreation program will probably grow in the future. Tigard has moved into the above 50,000 population class so as an agency serving a larger population, the recreation services it provides would typically increase.A slide was shown of demographic-specific programs, such as programs for people with disabilities, seniors, or after- school programs which agencies start to do more of at this increase in a city's population. Data on staffing was shown as FTEs per 10,000 residents:One thing that jumped out to the consultants was Tigard's low FTEs, below the lowest quartile. Tigard is below the median and the norm for agencies across the county. She compared Tigard with local peers: Tigard 3.2 West Linn 7.9 Tualatin 5.7 Sherwood 8.9 TIGARD CITY COUNCIL MEETING MINUTES—January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 14 Within the Metro region, 11 of 15 cities with more than 20,000 people have a parks and recreation department or are served by a special parks district. The four exceptions are Gresham, Happy Valley, Sherwood and Tigard. Ms. Schmitt compared different organizational structure options such as a parks and recreation department, two departments (Public Works and Recreation and Community Services) or a refined version of Tigard's current structure that is better defined to support the goals. Consultant Dupey listed inputs to be used for project prioritization for the draft plan.They include: • Summer engagement which identified several potential projects and programs • Existing Facility Assessment which documented maintenance needs • 10-minute Walk Analysis documented location and demographic baseline • Tigard's Strategic Plan provides direction equity and broad priorities Next steps include a public survey targeted to prioritizing project types and implementation. Council President Lueb asked about the FTE comparison and how to know how we compare if we don't have a separate recreation department. Ms. Schmitt said Tigard is newer and trying to get a sense of where to go. Looking at local peers, Sherwood has more staff, but the difference is that they also have more facilities. Tigard has some outdoor spaces yet to be activated and programming that space will require more staff. She noted that typically a recreation division wouldn't hire 8 new FTE's but they add contract teachers or part-time seasonal employees to run camps. She suggested thinking about not just the number of employees,but the type. Councilor Shaw commented that Ms. Schmitt mentioned Tigard's administration of the community gardens and asked if that was unusual. She replied that it is not totally unusual, but it is much more common on the west coast. It is just not one of the things every agency does and shows Tigard is ahead of the curve. Councilor Goodhouse asked what the chart would look like if it showed the number of Parks staff needed separately from Recreation staff. Ms. Schmitt said she did not have an answer, but they are running scenarios. She added that having additional staff resources,whether contract or staff, are needed to deliver what Tigard wants to deliver. They examined Tualatin,West Linn and Sherwood and they have different mixes of programs and citywide structure. Tualatin park communications are housed in their City Management department along with a robust volunteer program. In Sherwood, the bulk of the FTEs are in parks maintenance. She noted that adding new facilities drives the need for more FTEs, such as for fountain management. She advised thinking about the long-term recreation side and use an equity lens to consider free vs. fee-based programs and if the programs are self-supporting, staff will be needed to work on grant applications. Councilor Goodhouse said we are always playing catch-up with maintenance and he would like to see less deferred maintenance. Mr. Dupey said that came up a lot in the park assessment. There are several great facilities coming online but the real question is how to maintain existing spaces at a level commensurate with the new spaces coming up so that everyone feels like they have a great space to go to. There is certainly a maintenance aspect but there are also other things like having access to a great piece of property within ten minutes of your house. TIGARD CITY COUNCIL MEETING MINUTES —January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 14 Councilor Newton commented that the comparison to other communities is instructive but because she knows a little bit about what other communities do and how they are organized, she was not sure staffing for 100,000 is the best match. She said we are under-resourced,but her priorities were that basic maintenance and the Ten-Minute Walk policy should be provided for equitably. She noted that other communities are organized differently with different programs and facilities, and she wanted to look at Tigard's recreation program through an equity lens. She suggested the city could think about how its departments are organized, how they function and how they might overlap. Mayor Snider commented on the staffing per population size slide. He said he was interested in getting at the direct costs of maintaining and managing parks as opposed to recreation, so wanted to see the FTE numbers for recreation and for actual park maintenance from the other agencies. Ms. Schmitt replied that as they looked at the baseline and national data sets, they noticed Tigard has more sophisticated internal cost accounting, so they could look at cost per acre,but other organizations are not cost accounting to the same level as Tigard. 4. RECEIVE PHASE 2 FEASIBILITY REPORT ON THE CITY FACILITIES CONSOLIDATION PROJECT Community Development Director Asher introduced this item and had a slide presentation. Several lead staff and consultants were also on the Teams call and were available for questions. He gave an update on the project noting it was last brought before Council in February 2020 and staff is looking for direction on whether to move forward to CFC Feasibility Phase 3 and determining whether it is a government project or a community project. The Project Team includes the city's Leadership Team and consulting advisors from architectural, economic and communications firms. Project Overview— The Project Team wants the City Council and the community to realize that what is being addressed is existing and projected failures of the city's downtown facilities and to recognize and correct the city's role in downtown revitalization. • Rising costs to maintain and repair aged structures • Seismic risks —employees and emergency response/preparedness • Space limitations and rising costs/limited options for additional leased space • Fiscal prudence given all available options Project Description— • Relocate Public Works Operations outside of the downtown core. • Construct a new city hall/police station and a shared use parking garage on the existing Public Works site. • Redevelop the current city hall site for market rate and affordable housing. • Potentially relocate and enhance the Jim Griffith Memorial Skate Park across Burnham TIGARD CITY COUNCIL MEETING MINUTES —January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 14 Project Benefits— • We need to move our facilities into the 21st century by being prepared for a seismic event, being climate responsible, be able to respond in a way that our growing community needs,including a more secure and safe place for our police department. • A new Community Room and a new and improved skatepark • New parking structure for downtown visitors • We need more housing, shopping, and dining in the downtown. • It would create approximately 500 new apartments including affordable homes for 150 households. • Catalytic development in the Burnham corridor—shopping, dining,walkability • An estimated$13 million in new revenues from land sales and taxes received. CFC Feasibility Phases— There are three Feasibility Phases, and we are now between Phases 2 and 3. The staff recommendation is for Council to direct staff to commence Phase 3. Staff believes the community will support this project. Steps include: • Execute steps up to (but not including) closing on a property acquisition for the Public Works Operations Relocation component. • Assemble project management and teams for the new Public Works building. • Undertake engineering and other studies on the existing Public Works downtown site to prepare for reuse of that site for the new city hall/police station. • Implement the Communications Plan to hear from the community. • Receive Council approval to prepare a formal budget request of$150,000 to complete the work of this phase. Current State: Facility Conditions— Central Services Director Robinson updated Council on the current state of city facilities. The City Hall complex was built in the 1980s and is at capacity. Repairs are expensive and an estimated cost to repair and replace systems is estimated to cost up to $13.9 million. Key issues are that the buildings do not meet current seismic codes. The cost to upgrade could be as high as $19.2 million. Space is inadequate to meet the 250 percent growth in employee numbers since the 1980s. Facilities staff are looking at a 107% increase in work orders and requests in the last five years. She showed slides of the police department facilities. Conditions are inadequate and repairs/upgrades are needed. • Staff are spread out into three different buildings. • There is a lack of onsite storage,which results in rental expenses and reduced efficiency. • There is limited locker room space, especially for female officers. • Expensive system repairs are needed for the roof, HVAC system, sewer lines and seismic retrofits. TIGARD CITY COUNCIL MEETING MINUTES—January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 14 A slide of the city hall and permit center facilities showed a photo of the sewer line, which has corroded pipes and needs to be replaced. In addition, the roof and HVAC system need replacement and the buildings need seismic retrofits. The current Public Works building is inadequate for staff,who work from multiple locations, including the fleet bay. Leased space costs $76,000 annually. The building does not meet current seismic codes,which is an issue since it is our emergency operations center. The Niche building was built in the 1950s and houses 16 IT employees. Significant safety upgrades, both for seismic and ADA needs are required. The building's siding needs to be replaced and the garage/storage area needs to be converted to additional offices. Business Case— Consultant Jerry Johnson,with Johnson Economics spoke about modeling two cost scenarios over a 20-year horizon: Scenario 1: Upgrade and remain in existing facilities Lease additional property to address space needs Scenario 2: Construct new CFC buildings Sell excess property for development, bringing it back to tax rolls Moving Public Works Operations Mr.Johnson said at the end of a 20-year period there is a lot of life left in a new facility,but the existing buildings would be near the end of their effective life. He summarized the findings: $180.7 million over 20 years for Scenario 1 or Scenario 2 which is $252.7 million. Incorporating adjustments to reflect$91.5 million in remaining structure value at the end of the period and $13.4 million received from sale of excess property and increased tax revenues, new construction would represent an estimated savings of$32.7 million, or an overall net cost of$148 million. The lower cost option is the CFC scenario. Relocating Public Works— Public Works Director Rager outlined desired components of a new site. The goal is a modern- day public works facility, and the driver of site size is material and covered equipment storage. It would also include a fleet maintenance facility and administrative services building. Scott Edwards Architecture consultants have been determining which of 13 potential sites would work best and have it narrowed down to a few sites which will be presented to Council for a decision with a target date for acquisition of June 2021. Brandon Dole of Scott Edwards Architecture showed a drawing of the ideal eight-acre complex for Public Works Operations relocation. Growth projections were included for staff. The ideal site includes amenities such as a fuel bay and a truck wash. They probably cannot find an eight- acre, flat,vacant site within Tigard but this ideal site is the basis from which to evaluate the other sites. Capacity Commercial recommended 13 candidate sites and they were narrowed down to two potential sites. They are currently looking at the best candidates to vet against the ideal plan. There are challenges with each site. TIGARD CITY COUNCIL MEETING MINUTES —January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 14 The existing Public Works building is a water asset and water partners are stakeholders.The building is appraised at$4,750,000 and this appraisal is in review by water partners. If the CFC project is approved, Public Works must find a new site by summer. New City Hall/Police Station and Downtown Redevelopment— Kent Larson of DLR Group Architects said their focus has been on the consolidation of city hall and police. They have worked with police and other city department stakeholders to find efficiencies in the consolidation as well as equity and parity for city employees using the building. They were also tasked with details about what has been learned over recent months about working from home and other modes of working and how this could impact the size and nature of the facility. The city's vision and goals were front and center as they worked to design this facility. They aimed to: • Support Tigard's Comprehensive Plan and Tigard Downtown Future Vision • Maximize site use through value-based design decisions • Provide a safe and secure community-centric city facility • Create an equitable and accessible public facility for city services that citizens will want to come to and do business • Have the building feel like Tigard now and into the future Key features are a 4-level building of 99,400 square feet with secure police fleet parking in the basement and a 3-level parking structure with 244 spaces for public/staff. It includes 80 surface parking spaces and will be configured for three vehicle entry/exit locations, especially important for the police. The current Jim Griffith Memorial Skate Park would be next to housing and both will not fit, so the corner of Hall and Burnham is a great place to showcase a relocated and improved 20,000 square foot skate park. Next steps: • DLR will work with the city's Communications Team on a Community Input Values Survey. This input from the outreach will be used to create some images that express the values of the Tigard community. • Complete site investigations including civil, survey and geotechnical investigations. • Review cost estimate Mr. Larson summarized by saying this proposed project is a direct translation of the city's Strategic vision for the downtown. He showed a diagram with the density and pedestrian connectivity envisioned for Tigard and the current city hall/police site freed up for housing development as has long been discussed. Communications and Engagement- Kirsten Hauge from Kearns &West discussed results of citizen engagement. Early engagement included small group discussions with city staff, interviews with nine community leaders and a two-hour discussion with six downtown stakeholders. Based on what they heard they developed a communications and engagement plan and tools for early engagement with the downtown community and businesses, city boards and committees and community stakeholders. TIGARD CITY COUNCIL MEETING MINUTES—January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 14 Key themes heard were: • Interest in hearing about tangible benefits of the project and support for opportunities downtown,including affordable housing. • What resonated most? Smart investment/ reducing costs, safety related to the seismic upgrade, opportunities downtown • Residents are sensitive to the project cost and potential tax impact and want to know their tax dollars are being effectively and efficiently used • Lack of awareness about aging facilities • General support for project concept—questions focused on implementation • Interest in how COVID-19 factors into planning such as how space planning would work with more staff telecommuting • The Mayor and Council are important ambassadors in reaching the community and there is trust in what Council says. Communications Approach— Ms. Hauge said they are focusing first on the need for the project such as aging, overcrowded facilities and very expensive repairs. Tigard residents are practical and the message needs to be specific (e.g.,it is estimated the savings to Tigard over 20 years is about$33 million.) it needs to appeal to community needs and interests, such as including a community room at city hall they can use,and the project needs to be connected to the city's overall vision. They are engaging by meeting people where they are,which does look different during COVID and it means doing virtual events and working through community leaders to spread the word. The city's communication channels are leveraged to help get the word out and encourage feedback. If Council recommends moving ahead with Phase 3, full-on community engagement begins. They will listen to community voices to plan a solution that works for Tigard. Outreach and engagement will include: • Community questionnaire hosted online at YourTigard engagement site • Project website • Video • City communications such as social media,podcasts, media,and e-newsletter, etc. • Direct outreach and briefings • Seeking ways to reach underserved community members through schools, churches, non-profits, and the Community Roundtable. Project Funding— Feasibility Principles are unchanged. With this bond a yes vote would not raise tax rates. Utilities and special revenue funds will pay for their proportionate share. The sale of the city's lands offsets the cost. Photo enforcement revenues above program costs can be used to pay for a portion of Police needs and Urban Renewal can assist with public improvements and parking. TIGARD CITY COUNCIL MEETING MINUTES—January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 14 Finance Director LaFrance discussed project costing. He highlighted the amount of space within the buildings. New data was factored in that some services and jobs can be done through telecommuting and the result was that it saved 9%in square footage and $12 million. The costing uses current costs inflated annually. He said recent construction costs are increasing by 7% annually. Costs are based on Public Works being out of the building and construction starting before the summer of 2023, there could be a delay of 9-12 months to maintain principles and not impact the contingency for other areas.At about 2.5 years,all the contingency would be gone. Timing is important and delay at any stage is costly for the project. Finance Director LaFrance discussed the source components and future Council actions — He said the centerpiece of the sources is a voter-approved General Obligation bond that will not raise taxes. Based upon direction from the Council last February the city has restructured its existing GO debt on Parks and the Library. To shorten the payoff period it also had the positive impact of reducing the interest cost to the tune of$1.25 million in savings. This is being done by using the current property tax rate of approximately 33.85 cents per thousand of assessed value in the City of Tigard. Council will be asked in July to move this project to the ballot in November. The bond will be structured to maintain the existing tax so that we can afford this community project.A yes vote would have the effect of not raising tax rates. Utilities will have to pay their proportionate share for using the space.As the business case shows, the CFC project is the long-term, lower-cost scenario and this community will save $33 million over the next 20 years. Taking that savings and applying it to our utility rates means that building our project will keep the rates that show up on utility bills to be lower over the next 20 years. Like the Lake Oswego -Tigard Water Partnership,upfront costs are needed to see the long-term savings. The project utility rates will need to be adjusted and we will use the next six months to refine those increases.The impact to rates requires further analysis and is currently estimated at approximately$5-$8 per month on a home's utility bill, spread over the four services of water, sewer, storm water and parks. Water, sewer and storm water rates pay for steady,ongoing operations and variable capital costs. These three utilities seem to have some capacity to pay for their fair share of the facility within their existing rates. The parks and recreation fee is the exception in that it pays for only a portion of the operations of parks and recreation and is not calculated to pay for variable capital costs. This results in having no capacity to pay for their share of the facility within existing rates, and the park and recreation fee makes up the largest portion of the $5-8 estimate. The other funding source for that service is the general fund. To create capacity to pay for park's share without impacting the park and recreation fee, Tigard would need to either make significant service level cuts in the general fund or change our funding principles by sizing the GO Bond to pay for the PARF's share resulting in an increase in property tax rates to pay for the bond. Director LaFrance said in short,maintaining our funding principles means an increase in some utility rates in the next few years to save those same utilities money and have lower rates in the long run. Finance Director LaFrance said to continue moving this project forward for Council action this summer, staff will further refine project costs by July 2021 so Council can consider sending a General Obligation Bond to the voters in the fall. Utility finances need further review to determine if rates need to be adjusted,by how much, and when changes need to be effective. TIGARD CITY COUNCIL MEETING MINUTES—January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 14 Council will need to vote on changes prior to issuing General Obligation Bonds.And finally, Council will need to amend the budget for Phase 3 in the Third Quarter Supplemental Budget. He said, "We can do this." It is the least cost alternative that brings multiple benefits to the community. Our funding principles remain in place and this project is still feasible. Community Development Director Asher said the recommendation is for Council to reaffirm the work staff was asked to do for the past year and direct them to commence on a third feasibility phase which will allow for a few critically important things to be done: • Execute steps up to (but not including) closing on a property acquisition for the Public Works Operations Relocation component. • Assemble project management team and architecture and engineering team for the new Public Works building. • Undertake engineering and other studies on the existing Public Works downtown site to prepare for reuse of that site for the new city hall/police station so when staff returns to Council, they will know exactly how to size the GO Bond. • Execute aspects of the financial plan,including sharpening the pencil and the timing of utility rates. • Implement the Communications Plan to hear from the community. • Receive Council approval to prepare a formal budget request of$150,000 to complete the work of this phase. Community Development Director Asher said he was so impressed by his colleagues and the quality of the advisors on this project. He said it was an incredible effort and a great group of problem solvers. Mayor Snider thanked the entire team, commenting that their presentation was the most clear, organized, and thorough he has ever seen at a Council meeting and he did not have a single question. He added that the team should be proud of the quality of this work. Councilor Newton said the Jim Griffith Skate Park is a memorial skate park and asked if staff had reviewed any commitments made to the family and community about the project. She asked how the new building would connect with the downtown area and if things have changed since there isn't a light rail station planned. Community Development Director Asher responded that staff have not yet reviewed previous commitments,but they will. He said there have been constructive discussions with Dreamland Skateparks and they are excited about building another skatepark in Tigard,where they have roots. Councilor Newton asked what was planned for the east side of Hall Boulevard now that the light rail station has been put off, and Mr. Asher said he did not know about any plans for that side of the street. Councilor Newton recommended getting the community to buy into the project by hearing more about the condition of the buildings. She asked whether there would be community polling on the financing to ask if they want a straight bond for the facility and added that her history with Tigard is that people want to know what they are paying for. Kirsten Hauge from Kearns &West agreed that there is a lack of awareness about the aging facilities and certainly what they want to hear from the community is what they think about this proposed solution for Tigard and why it does or does not make sense to them. She said the specific outreach DLR and PacWest are doing in February will seek input on community values and priorities to inform TIGARD CITY COUNCIL MEETING MINUTES —January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 14 preliminary visioning and conceptual plans for the city hall building. She said in terms of polling regarding the financial plan she thought that was a question for the Project Team or PacWest Communications to see if that is a component that can be added. Mayor Snider commented that if there is financial polling done, PacWest should be in the center of that effort to make sure it is more useful than the safety levy polling was. Councilor Shaw asked if the jobs that would be added to the community from this project have been studied. Community Development Director Asher said that has not been studied or added to the scope because the team wanted to be conservative and count only the benefits created on property the city owns. If Council requests it,Johnson Economics could easily do this. Mayor Snider said staff needs to go ahead and find out how much such a study would cost and added that people need to know about all the economic development benefits. In response to a question from Councilor Goodhouse,DLR Consultant Larson said police parking would be appropriately secured.Although city hall and police share a building, they would be separately zoned,requiring access credentials. Councilor Goodhouse asked where the parking structure would be located,whether it would be available for people to use on evenings or weekends and if there would be a cost to park to help the city recoup some costs. Community Development Director Asher said free parking is an amenity and on the financial plan they are not modeling for any parking revenue. Mr. Larson said the proposed location was chosen because that is where it fits. Connectivity on the site will be appropriately developed to allow cars, pedestrians and bicycles to come and go from the south, east,and west so there will be multiple access points. Councilor Goodhouse asked when this would be placed on the ballot. Community Development Director Asher said the assumption is the November 2021 election. Councilor Goodhouse suggested from experience with the previous YMCA proposal that the outreach material and renderings should be general and the information more about needs and cost savings,rather than grand renderings of a big, shiny building. Mayor Snider agreed. Youth Councilor Calderon commented that this was the best presentation he's seen. He found it ironic that the part of the city currently used for technology was built in the 1950s. He added that he has heard a strong desire from citizens for a community room. He agreed with the messaging suggestions. Council President Lueb asked, "We've talked a lot about potential funding. But if this does not go forward,and we still have all these costs,what will happen if it is not built?" She asked if people would have to pay more on their utility bills or real estate taxes. Mayor Snider noted that by not building the CFC,we will be spending all this money but at the end of 20 years will not have anything to show for it. He likened it to putting a brand-new engine in a 1983 Honda Civic. Finance Director LaFrance noted staff has worked on a funding analysis for the CFC and asked if Council President Lueb was referring to the same type of analysis for keeping the status quo. Mayor Snider said if this is possible staff should pursue it, but it may not be. Mayor Snider commented that from his perspective, trying to explain this to the majority of voters with a tax increase,when we don't have to do that,is ill-advised. He said they need to figure out from political and funding standpoints, how to do this project without trying to message that. TIGARD CITY COUNCIL MEETING MINUTES —January 19, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 12 of 14 He added that as he thinks about what this project will do to both solve problems and improve the downtown,it could be the most transformative project to happen in the downtown in our lifetime. Councilor Newton supported moving forward but expressed concerns that the timeline is so tight it will be a challenge trying to educate people about the current building conditions. She suggested making communications simple and clear. Council President Lueb said the project is exciting and will have great impact. She said staff had her support and she hoped it can be moved forward. Councilor Shaw said she is supportive of staff coming back with a request for the Phase 3 to move the work forward. Community Development Director Asher thanked Council for their kudos. He emphasized that the project staff wants Council to consider themselves part of the team and stay engaged. He asked that they continue to ask questions and make this project smarter. Mayor Snider said, "We're on the team." Community Development Director Asher said staff will return in the summer to report on the cost. Mayor Snider said it is also about what our alternatives are and what the default will be if action isn't taken. Councilor Goodhouse asked what the communications strategy was. Community Development Director Asher said there is a press release, and the website is ready to go. 5. NON-AGENDA ITEMS -None 6. ADMINISTRATIVE REPORT Interim City Manager Nyland reported on several items: • The second round of RAFT (Resident Aid Fund for Tigard) applications are now live. Four organizations will receive $25,000 each to provide needed services for the community. • The library is working on their strategic plan.A community survey is on the website and the input will assist the library to establish priorities and set direction. It will align with the city's Strategic Plan. • As tax season approaches, the library is preparing resources and forms to make available to the public but there will be no free in-person AARP tax help this year at the library due to COVID restrictions. • The only update on the officer-involved shooting is that the city has received no update from the District Attorney's office. When received,it will be shared with Council and the community. • Eduardo Ramos has started with in the City Management Department and will be the point of contact for the Public Safety Advisory Board TIGARD CITY COUNCIL MEETING MINUTES —January 19, 2021 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 13 of 14 Councilor Newton thanked Interim City Manager Nyland for giving an update on the officer-involved shooting even though there was no news to share. She said she appreciated the transparency. 7. EXECUTIVE SESSION-None 8. ADJOURNMENT At 9:04 p.m. Councilor Shaw moved for adjournment. Council President Lueb seconded the motion. City Recorder Krager conducted a roll call vote. Mayor Snider announced that the meeting was adjourned. Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —January 19, 2021 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 14 11111 ■ City of Tigard - Tigard City Council Meeting Minutes TIGARD February 2, 2021 1. BUSINESS MEETING A. At 6:30 p.m.,Mayor Snider called the meeting of the Tigard City Council and Town Center Development Agency to order. B. Deputy City Recorder Patton called the roll. Present Absent Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ C. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance. D. Council and Staff Non-Agenda Items—None. 2. PUBLIC COMMENT Mayor Snider announced written public comments were due by 4:30 p.m. and call in questions will be taken via telephone by calling 503-966-4101 now. The call-in number is posted on the screen. A. Follow-up to Previous Public Comment— City Manager Rymer gave follow-up on two public comments from the last meeting, one about a Type II Home Occupation Permit and the other regarding lack of sidewalks on Fonner Street. B. Public Comment—Written— • Comments regarding issues at East Butte Heritage Park were received from: o Terri Barczak o Maris Kozak Ringe o John Snyder o Teresa Lynne Velasco o Terri Balms o Philip Juttelstad • Margaret Dunklee commented on Measure 110 implementation effects for Tigard Police • Teresa Lynne Velasco wrote regarding development of Annand Hill Park C. Public Comment—Phone-In— • John Snyder communicated concerns about recent activity at East Butte Heritage Park, including an increase in drug use, dealing and indecent exposure. He expressed concern TIGARD CITY COUNCIL MEETING MINUTES — February 2, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 5 the neighborhood park was no longer a safe place for the local community to visit and shared a list of ways to address the problems he has observed. • Teresa Velasco shared concerns about behaviors in the area,including evidence of drug use, feces and trash. She said she believes someone recently died in the park as a result of drug use. She said she received a response from Mayor Snider regarding homelessness issues. She asked about whether the park could be considered a "sensitive land" to help protect the property from squatters. Mayor Snider responded that he had heard many of these concerns directly from citizens as well as in writing. He's asking staff to develop a more comprehensive plan to address the issues raised by the local homeless shelter and the impacts on the local park. He suggested there were legal complexities to implementing some of the rules suggested by commenters but will have staff follow-up with a more robust approach to this issue. Councilor Shaw mentioned she has been approached by community members concerned with these issues at the park and lives nearby so has encountered a number of individuals camping in the park . City Manager Rymer agreed to report back on plans for how to address these issues moving forward. Mayor Snider announced the City Council would convene as the Town Center Development Agency Board for the next two agenda items. 3. TOWN CENTER DEVELOPMENT AGENCY:JOINT MEETING WITH TOWN CENTER ADVISORY COMMISSION (TCAC) Redevelopment Manager Farrelly introduced the Town Center Advisory Commission (TCAC) who were there to present the draft 2021 goals they had developed. In attendance were TCAC members Ryan Ruggiero (Chair), Scott Hancock (Vice-Chair), Elise Shearer,Kate Rogers, Kris Mitchell, Chris Cach,Tim Myshak,Adrian Hinckley,Justin Watson, Hemendra Mathur, Renette Hier and Chris Sjolin. TCAC members introduced themselves. Chair Ryan Ruggiero shared their 2021 goals for both urban renewal districts—Downtown and the Triangle. They have formed subcommittees around three Areas of Emphasis (AOE),including affordable housing, equitable business development, as well as connectivity and transit. Chair Ruggiero said the Commission supports the substantial amendment measure going to the ballot in May 2021 and they look forward to helping further projects in both areas. 4. TOWN CENTER DEVELOPMENT AGENCY: CONSIDER ADOPTION OF AN IMPLEMENTATION STRATEGY FOR THE TIGARD TRIANGLE URBAN RENEWAL PLAN Redevelopment Manager Farrelly gave a presentation on the Tigard Triangle Urban Renewal Plan and is asking for TCDA Board approval of a resolution to accept the Plan as a guide for implementation of the Tigard Triangle Urban Renewal Plan. This plan includes equitable development which is a strategy to ensure local residents and businesses have the opportunity to benefit from an area's economic transformation by dismantling barriers and expanding TIGARD CITY COUNCIL MEETING MINUTES — February 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 5 opportunities. Equitable Development Criteria were outlined and several near-term (1-5 years) projects were highlighted reflecting this focus on equity. The Town Center Advisory Commission endorsed this UR strategy at the October 2019 meeting and the top two ranking projects,Affordable Housing and Parks,were allocated substantial funding in the 20-21 TCDA budget. Director Goodhouse asked when a decision would be made about holding onto the plans involving TriMet light rail. Redevelopment Director Farrelly said that is under discussion, especially how much to memorialize and require for 70th Avenue. He said the TCDA wants to build these things with or without light rail coming in. Director Goodhouse suggested making a dedicated lane to allow for future transit expansion. Director Newton was pleased to see the opportunities for affordable housing projects because the Triangle area is a good place for those investments. Director Goodhouse made a motion to approve TCDA Resolution No. 21-01. Director Lueb seconded the motion. Chair Snider asked Deputy Recorder Patton to read the number and title of the resolution. TCDA Resolution No. 21-01:A RESOLUTION ACCEPTING "A NEW TIGARD TRIANGLE: PLANNING FOR EQUITABLE DEVELOPMENT"AS AN IMPLEMENTATION STRATEGY FOR THE TIGARD TRIANGLE URBAN RENEWAL PLAN Chair Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Director Goodhouse ✓ Director Newton ✓ Director Lueb ✓ Director Shaw ✓ Chair Snider ✓ The motion passed unanimously. Mayor Snider announced they will reconvene as the City Council for the remaining agenda items. PUBLIC COMMENT: At 7:38 p.m. staff indicated that there was a phone-in comment and Mayor Snider said it could be put through. Pamela Nichols called in regarding a large homeless camp behind her property, adjacent to Highway 217. She said she has tried to contact the City police and she gets referred to ODOT,who owns the right of way. The camp is getting larger and now there is a toilet and a pile of garbage that are in view of her apartment. She doesn't understand why nothing can be done. Mayor Snider asked staff to follow up and said it is a very complicated situation with state land and judicial rulings that don't make enforcement of some of this easy. He said the city is committed to trying to work through this issue and help connect homeless residents to services to get them into homes. City Manager Rymer replied that someone will contact her tomorrow. TIGARD CITY COUNCIL MEETING MINUTES — February 2, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 5 5. RECEIVE BRIEFING ON RIVER TERRACE 2.0 PROJECT Senior Planner Warren reviewed the River Terrace 2.0 Project,including the community- developed project vision and principle, and reported on community engagement efforts thus far. Highlights included that the highest priority is safe streets and sidewalks,residents prefer restaurants and coffee shops within a 1/4-mile, but still want big-box retail within 3 miles. Senior Planner Warren described the preliminary preferred alternative developed from public feedback.A project schedule was determined based on that preliminary alternative. The schedule relies on a successful Urban Growth Boundary (UGB) expansion application,which Metro has historically processed in 6-year cycles (last one in 2018). There is a new option for a mid-cycle application for no more than 1,000 acres of residential use.A mid-cycle application for River Terrace South is being submitted concurrent with a King City expansion application. Staff were asking for Council direction on whether to submit a second mid-cycle application to Mero to expand the UGB for River Terrace West. There was discussion regarding commercial development in River Terrace West and what would be sacrificed by moving forward with the application now, due to the mid-cycle restrictions. Staff explained that there is uncertainty regarding any exceptions that may be granted to requirements. Since this is the first mid-cycle application,it would likely be up to the will of Metro Council. There was a suggestion that the Mayor or Councilors should meet with Metro Council President Peterson to get more information. Staff sought Council direction on whether to submit a second mid-cycle application to Metro to expand the UGB for River Terrace West despite these potential restrictions. Staff explained that there is uncertainty regarding any exceptions that may be granted to requirements. Since this is the first mid-cycle application,it would likely be up to the will of Metro Council.There was a suggestion that the Mayor and/or Councilors should meet with Metro Council President Peterson and/or other Metro Councilors to get more information on what may be allowed. Council said they could not make recommendations with their current information and directed staff follow-up. 6. NON-AGENDA ITEMS -None 7. ADMINISTRATIVE REPORT City Manager Rymer highlighted Black History Month in Tigard, a Police Department Community Conversation cohosted with Unite Oregon on February 4th, and updated statistics for businesses benefitting from the Tigard CARES program. 8. EXECUTIVE SESSION—None scheduled. 9. ADJOURNMENT At 9:23 p.m., Councilor Goodhouse made a motion to adjourn and Councilor Newton seconded. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. TIGARD CITY COUNCIL MEETING MINUTES — February 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 5 Yes No Councilor Goodhouse ✓ Councilor Newton V Council President Lueb V Councilor Shaw V Mayor Snider V The motion passed unanimously. Caroline Patton, Deputy City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES— February 2, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 5 City of Tigard City Council Business Meeting Minutes TIGARD February 9, 2021 STUDY SESSION A. EXECUTIVE SESSION At 6:30 p.m. Mayor Snider announced that the Tigard City Council would enter into an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). The Executive Session ended at 7:32 p.m. 1. BUSINESS MEETING A. At 7:35 p.m. Mayor Snider called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Youth Councilor Calderon ✓ Councilor Goodhouse ✓ Councilor Newton V Council President Lueb ✓ Councilor Shaw V Mayor Snider ✓ C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items— None. 2. PUBLIC COMMENT A. Public Comment—Written comments were received for Agenda Item No. 4 and will be summarized during the public hearing for that item. B. Public Comment—Phone-In—Mayor Snider announced the phone-in line is 503-966-4101. Ryan Ruggiero called in regarding Agenda Items 4 and agreed to call in again at the beginning of that public hearing. C. Follow-up to Previous Public Comment—City Manager Rymer said in response to public comment at the last meeting a group was getting together tomorrow to discuss immediate needs and long-term solutions as we work to support our entire community. TIGARD CITY COUNCIL MEETING MINUTES — February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 11 D. Tigard High School Student Envoy—Tigard High School Envoy Caroline Frisiras provided an update on events and activities. Since the January meeting they held a virtual jog-a-thon and a Bob Ross painting tutorial.A t-shirt design contest was held with each grade submitting a t-shirt design. Students will vote and the grade-level winner shirts will be printed and sold. A trick shot competition is underway and is open to anyone in the community. It must be submitted through a Tigard High School student email by February 15. Mayor Snider said he was pleased that they were finding ways to thrive in the time of COVID and coming up with creative ways to connect. He commented that a trick shot contest is a great idea since it leverages something people are already doing. E. Tigard Area Chamber of Commerce—Community and Engagement Coordinator Jessica Love provided an update.The Leadership Tigard class met today and learned about local government. She thanked Mayor Snider,Council President Lueb and Finance Director LaFrance for presenting. The class also toured the Derry Dell enhancement site to see an example of a joint jurisdiction project that benefits the local community. The 2021 Tigard Community and Business Guide will go into print mid-March. Vendor applications are still being accepted for the Tigard Farmers Market,which is planned to safely meet last year's COVID-19 requirements. F. Update from Police Chief McAlpine—Chief McAlpine said she had no updates to report on the officer involved shooting. The investigation is complete except for getting results from the crime lab such as the toxicology report. On January 29,Tigard had a homicide at the Silver Creek Apartments and this is currently an active investigation. She showed a slide of heavily masked January 7 rioters to demonstrate challenges Tigard Police have in attempting to identify perpetrators. Police received significant leads and there has been one arrest, one is about to go to a grand jury, and they have received leads on several others.Another"direct action," or riot was advertised for February 6. Tigard Police have learned a lot in 30 days and made efforts to involve other agencies. Fencing was used to protect infrastructure,and communication strategies were greatly improved.As individuals arrived in Tigard dressed in black,they were greeted and escorted safely to an area they chose to walk around. They were safely able to express their first amendment rights and were law-abiding. There were no injuries and no criminal activity observed. Chief McAlpine said Community Service Officer Petersen is the point of contact for complaints about houseless individuals and he assisted in the Point in Time inventory. One referral went into long-term reentry.Another area encampment was reminded of resources. Two abandoned camps (Costco and Cook Park)were observed during the Point in Time Count. Councilor Newton expressed her appreciation to the Chief and the department for being proactive in addressing issues. She said our houseless folks need help and she appreciates the preparation for and accommodation of those who wanted to peacefully protest. 3. CONSENT AGENDA A. APPROVE CITY COUNCIL MINUTES: August 11,2020 August 18,2020 September 8,2020 TIGARD CITY COUNCIL MEETING MINUTES —February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 11 B. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARD FOR THE AQUIFER STORAGE AND RECOVERY (ASR)WELLS 2 & 3 REFURBISHMENT C. LOCAL CONTRACT REVIEW BOARD: CONSIDER APPROVAL OF CONTRACT AMENDMENT#1 WITH DLR GROUP Councilor Shaw asked if she was allowed to vote on minutes for meetings prior to her being on the Council and Mayor Snider confirmed with City Attorney Rihala that she could. Councilor Newton moved to approve the Consent Agenda as presented. Councilor Goodhouse seconded the motion. City Recorder Krager conducted a roll call vote and the measure passed unanimously. Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb V Councilor Shaw V Mayor Snider ✓ 4. PUBLIC HEARING: CONSIDER ADOPTION OF THE CITY CENTER URBAN RENEWAL PLAN SUBSTANTIAL AMENDMENT A. Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may testify by phone and may call in to get the queue now by calling 503-966-4101. C. Staff Report-Redevelopment Project Manager Farrelly presented the staff report along with the city's urban renewal advisor Elaine Howard. He briefly recapped the City Center Urban Renewal Plan (CCURP) approved by the voters in 2006.Tigard voters must approve urban renewal plans and any substantial amendments. The existing maximum indebtedness is $22 million, over 20 years and after 2026, future debt cannot be incurred. A substantial amendment was approved in 2017 which added acreage to the CCURP, but no changes were made to the plan duration or maximum indebtedness. He reminded those present that urban renewal is not a new tax but is a reallocation of existing tax revenue. Ms. Howard presented slides explaining how urban renewal works. She noted two timelines for the proposed nine-year addition in duration. One is when the area will quit taking taxes and that will be at the end of fiscal year 2049 and the other is the last year to issue debt,which would be 2035. The $20.8 million increase will equal a total of maximum indebtedness of$42.8 million and would provide funding to complete new urban renewal projects. Mr. Farrelly gave an overview of Tigard City Center accomplishments including over$48.8 million in private investment and new construction.Assessed value increase,matching grants and 234 new multi-family housing units. He showed slides of street and streetscape TIGARD CITY COUNCIL MEETING MINUTES — February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 3 of 11 projects,mixed use redevelopment,public spaces and matching grant program improvements which have made a significant difference in improving the outside appearance of several businesses in the downtown area. Active projects include the Main Street at Fanno Creek development,Universal Plaza,a signature public space downtown that will be constructed in early 2022. There are projects that need to be done to fulfill the vision.The plan amendment is needed to fund new urban renewal projects including: • Downtown Connectivity Plan • Tigard Heritage Trail Continuation from Main Street to Hall Boulevard • Fanno Creek Trail Improvements • Universal Plaza Phase 2 Shade Structure and Community Room • Parking Facility • Affordable Housing and Mixed-use Development Assistance • Pedestrian Safety and Streetscape Improvements Public Comment on the proposed amendment included approval by the Town Center Advisory Commission and a December 15 recommendation by the Town Center Development Agency was the official start of the public review timeline.All taxing jurisdictions were notified by mail and presentations were given to the Tigard-Tualatin School District (1TSD),Tualatin Valley Fire and Rescue, (TVF&R)Washington County and the Tigard-Tualatin Aquatic District (TTAD).A Planning Commission hearing was held in January and they found unanimously that this plan amendment was consistent with the city's Comprehensive Plan. Staff recommends Council approve the ordinance adopting the plan amendment and that staff be directed to prepare a ballot title for TCDA Board action on February 23, 2021 for the May 18,2021 election. Councilor Newton asked about the responses from the other agencies after the presentations. Redevelopment Project Manager Farrelly said the TTSD concurred last night. TVF&R concurred two weeks ago.Washington County concurred two weeks ago but needed to make a slight change to their resolution so it will be on their consent agenda next week. In response to a question from Councilor Newton about a communication plan,Mr. Farrelly said a discussion with Council is planned for next week and the public communications plan will be shared. A lot of outreach is planned; flyers have already been sent out to every registered voter in Tigard. FAQ sheets have been prepared and staff is going to create some videos. Councilor Lueb asked how much had been spent from the original$22 million indebtedness and Mr. Farrelly said$12 million. D. Public Testimony—Mayor Snider summarized three written comments received by 4:30 today and one received later that he was allowing be added. The written comments are included in the packet for this meeting. TIGARD CITY COUNCIL MEETING MINUTES —February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 11 1. Erin August did not support the amendment for the urban renewal area and prefers older historic buildings be kept rather than putting in new buildings that are not cool. 2. Karin Kelsey asked how this plan is affected by light rail. 3. Carine Arendes wrote in support of the amendment. 4. Ryan Ruggiero wrote in support of the amendment. 5. Harold Warner asked that it not be passed, and that the city spend the money that would have been spent on urban renewal on other things. Mayor Snider pointed out to the public that this was not legal and while he appreciated the suggestion,it would be against Oregon law. Mayor Snider asked IT Manager Nolop to connect any callers in the queue to testify on this item. Caller No. 1: Ryan Ruggiero, current Chair of the Town Center Advisory Commission, spoke on behalf of the TCAC. He listed improvements which would not have happened without the urban renewal district and$48 million of private investment in the downtown.The investments are readily apparent to anyone spending time downtown. It is more vibrant and walkable with better sidewalks, streets, and stormwater treatment for Fanno Creek. There is a vibrant Farmers Market,Rotary Plaza and Heritage Trail and this year's Christmas lights. More is on the way including the Universal Plaza and improved trail system bringing more people,more life, and more energy to the downtown. He said, "It is a"fun place to be,but we're not done." Old and new can both be cool. The pandemic has proven challenging,but with the pre-pandemic strength and resilience of downtown businesses and the continued support of the city and the people of Tigard, the downtown will weather the pandemic. He said lessons have been learned and we are smarter and more nimble and at least as ambitious as we were when this started. Let's invest more for a better downtown and a better Tigard. He said this is not a new tax in any shape or form. This substantial amendment will only reallocate existing tax revenue towards downtown. The TCAC urges Council support the substantial amendment for downtown Tigard. Caller No.2: Carine Arendes said she served on the advisory commission for six years, three of those as Chair, and is a practicing land use planner for another jurisdiction. She said staff and commissioners have long recognized that existing limits in the current plan would need to be updated to continue to meet the city's goals for urban renewal. Due to the Great Recession, funding was slow to accumulate and therefore projects were limited in size and impact. The district gained momentum through projects such as Atwell on Main and the Tigard Heritage Trail. Today on Main Street there are new places to shop such as Jeffrey Allen Gallery and Vintage Curiosities, and to play, such as the Paddle Palace, Stumptown Escape and Versus Board Games. There has been a revival of food and drink establishments including Max's, Baileys,Beach Hut Deli, Symposium, Senet Game Bar,Tigard Tap House,etc. She said keeping momentum going requires a commitment to continue the work beyond 2025 and re- consideration of projects identified years ago. The TCAC has worked with staff to identify crucial new capital projects that are needed in the district such as new streets, sidewalks,and trail improvements as well as projects that will make it welcoming to everyone such as a parking facility, affordable housing, and our own downtown public plaza. If Tigard wants to continue to invest in a downtown that will serve the needs of our city and our residents,the time to act is now. She urged Council to adopt the substantial amendment to continue the work to build a downtown that is walkable and accessible,that provides places to work,play and recreate and welcomes everyone, regardless of age or ability,background or heritage or income, and is a place anyone can call home. TIGARD CITY COUNCIL MEETING MINUTES — February 9, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 11 Caller No. 3:Michael Antonelli,Tigard citizen. Mr.Antonelli said he was a little concerned because the city promotes the Urban Renewal Program as not increasing taxes. He asked what would happen if the city comes up short of revenue for other programs, such as police.The Urban Renewal District is a great idea,but to promote it as something that will not increase taxes is a shell game. He's heard it called reallocating taxes,but it could create other issues down the road. He remembered similar urban renewal arguments being made and then a few years after that there were pushes to increase tax revenue. A bond did not pass recently, but then a smaller police levy passed later. He said if the city was selling this as something that would not increase taxes,he would like a commitment that if it passes, the city won't come back two years later and ask for increased taxes for a certain purpose. Mayor Snider asked staff to respond to the question and say how much in taxes would be redirected instead of going into the City of Tigard. He said that the end of the urban renewal district,if you've done a good job,you have far more built and more tax revenue than you would have had if you didn't have tax increment financing. E. Response to testimony by staff. Referring to Mr.Antonelli's comment,Redevelopment Project Manager Farrelly said the amount the city would forego is $6.4 million between 2036 and 2049. Already approved with the current plan is $4.6 million. He said there will be higher values going to those jurisdictions including the city. He responded to the comment about higher taxes and said even if there was no urban renewal right now, taxes would be at the same level. Mayor Snider said what the caller's point was what the impact would be on the General Fund. He asked Finance and Information Services Director LaFrance to comment, and Redevelopment Project Manager Farrelly said this was part of the next agenda item. Mayor Snider asked Council for their comments or questions.Youth Councilor Calderon said he agreed with the staff presentation and appreciated the graph and description by Ms. Howard reminding him of how urban renewal works. Councilor Goodhouse said urban renewal is usually done in a blighted area and even though you forego taxes,the area will get stimulation and growth that it wouldn't have otherwise. He said he was in favor of moving forward. Council President Lueb commented that she has not been a Tigard resident as long as some in the community,but even in the short period,urban renewal has made such a difference in downtown Tigard and it is in the community's best interest to continue to move forward and support this. Councilor Newton noted that she began her employment with the city in 1980. The downtown has come a long way and although there were some false starts in the 1990s, changes made in 2005 jumpstarted that progress. She commented on the synergy created between the older businesses taking advantage of the facade improvement program,the investment of new businesses,new events,and the success of the downtown association. She supports moving forward with the amendment. F. Mayor Snider closed the public hearing. G. Council consideration of Ordinance No. 21- 04. TIGARD CITY COUNCIL MEETING MINUTES— February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 11 Councilor Newton moved to approve Ordinance No. 21-04. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 21-04—AN ORDINANCE MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO AND APPROVING THE TIGARD CITY CENTER URBAN RENEWAL PLAN AMENDMENT AND DIRECTING THAT NOTICE OF APPROVAL BE PUBLISHED Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Mayor Snider announced that Ordinance No. 21-04 was adopted unanimously. 5. CONCURRENCE WITH MAXIMUM INDEBTEDNESS INCREASE FOR THE TIGARD CITY CENTER URBAN RENEWAL PLAN Redevelopment Project Manager Farrelly gave the staff report with a slide presentation. He said the Council is being asked to concur with the increase in the maximum indebtedness. This is a step required by ORS 457.220 and ORS 457.470 when the maximum indebtedness increases by 25 percent. This level of increase must be approved by resolution of the governing bodies of the taxing districts levying 75% of the permanent rate taxes in the URA. This includes Tualatin Valley Fire&Rescue,Tigard-Tualatin School District,Washington County and the City of Tigard. TVF&R passed a resolution on January 26 and TTSD approved it last night.Washington County approved wo weeks ago and needed to do a revised resolution to be approved next week. Mr. Farrelly showed a slide of the tax impacts to the City of Tigard general fund.By the end of 2036 which would be the current plan's expiration,it would be $4.6 million. The amendment would extend that TIF collection to 2049 which would be$6.2 million for an average annual impact to the general fund of$500,000. Mayor Snider noted that this was the answer to earlier caller Michael Antonelli's question. Mr. Farrelly said the impact needs to be balanced against the future incremental tax. When the district is ended, these investments will result in a lot more private investment,increased property values and more revenue flowing back to the taxing districts. Mayor Snider wanted to make sure that the ballot language is modeled after the language Council prepared for the Tigard Triangle urban renewal measure. Councilor Newton suggested Finance and Information Services Director LaFrance and Urban Renewal Advisor Howard write an explanation of the effect on the general fund for the city's website. Council Discussion and Consideration: Resolution No. 21 -04 TIGARD CITY COUNCIL MEETING MINUTES — February 9, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 11 Councilor Goodhouse moved for approval of Resolution No. 21-04. Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 21-04—A RESOLUTION CONCURRING WITH THE MAXIMUM INDEBTEDNESS INCREASE FOR THE TIGARD CITY CENTER URBAN RENEWAL PLAN Yes No Councilor Goodhouse ✓ Councilor Newton Council President Lueb ✓ Councilor Shaw Mayor Snider Mayor Snider announced that Resolution No. 21-04 was adopted unanimously. 6. PUBLIC HEARING (LOCAL CONTRACT REVIEW BOARD): CONSIDER REVISIONS TO THE CITY'S PUBLIC CONTACTING RULES A. Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may testify by phone and may call in to get the queue now by calling 503-966-4101. C. Contracts and Purchasing Manager Moody gave the staff report with a slide presentation. She said staff is recommending revisions to the city's Public Contracting Rules so the city and the Town Center Development Agency may streamline execution of public contracts and comply with Oregon Revised Statutes Chapters 279A,279B and 279C. Six Class Special Procurement/Exemptions are being suggested with this update of the procedures: USPS postal services,legal services,performance art and artwork,conference registration, contracts associated with grant agreements, and contracts for which a long- term relationship is necessary. Examples were given such as the impracticality of changing the procurement card provider and online banking and approval software in the middle of the Total Tyler software implementation because the City of Portland consortium that Tigard,along with other jurisdictions uses,was changing in December 2021. This would create a hardship for finance staff as they would need to be training on a new system at the same time they are heavily involved in training in the Total Tyler Financial software. Another example given was that the city's Audit services contract will expire in 2021 and there is a similar concern with potentially switching audit contractors in the middle of Tyler Training,as the first year with a new audit contractor typically takes greater work as the new firm learns the city's systems and practices. Financial Operations needs the consistency of a firm that knows what the city does in the current Springbrook financial system to help compare and ensure that controls are as good or better in the new Tyler Munis System. TIGARD CITY COUNCIL MEETING MINUTES — February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 Council President Lueb stated that many of the exemptions made sense, but she had concerns about the potential for city employees to dictate whether to go out and hire a new auditor. She said continuity is good but so is having a new auditor every so often to put fresh eyes on the city finances, and as a tax-paying citizen she wants that independence between the city and the auditor. D. Public Testimony—No written or phone-in testimony was received. E. Response to testimony by staff—None F. Mayor Snider closed the public hearing. G. Council consideration of Resolution No. 21-05. Council President Lueb said she still struggled with having the audit services as part of the exemption,especially because there is an Audit Committee. Ms. Moody said the idea was just to delay it due to timing,rather than not do an RFP. Assistant Finance Director Isaksen said he appreciated Council President Lueb's concerns and that having an independent auditing firm is very important, but even if Council approves this resolution, he will still need to pass this through the Audit Committee. Finance Director La France noted there are two separate processes. The resolution establishing the Audit Committee authorizes them to be key participants in hiring the auditors and this resolution allows a delay in hiring contractors due for certain circumstances. Mayor Snider asked if he would object to having this clarified within the purchasing rules to avoid misinterpretation in the future. Finance Director LaFrance said they will make that happen. Councilor Goodhouse moved to approve Resolution No. 21-05. Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. The motion passed unanimously. Resolution No. 21-05—A RESOLUTION AMENDING THE CITY OF TIGARD PUBLIC CONTRACTING RULES, Yes No Councilor Goodhouse ✓ Councilor Newton V Council President Lueb V Councilor Shaw ✓ Mayor Snider V TIGARD CITY COUNCIL MEETING MINUTES — February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 11 In response to a process question from Mayor Snider, City Attorney Rihala said she preferred delegating to staff to prepare language and adopt it but if Council wants to see it again, staff could bring it back. Mayor Snider said staff could make the clarification. She advised that council vote again on the resolution, adding the words to the motion, "as amended." Mayor Snider asked for a new motion for approving Resolution 21-05, as amended Council President Lueb moved for approval of Resolution 21-05,as amended, and Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 21-05—A RESOLUTION AMENDING THE CITY OF TIGARD PUBLIC CONTRACTING RULES, as amended Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ 7. CONSIDERATION OF A RESOLUTION WAIVING BUSINESS LICENSE LATE FEES Finance and Information Services Director LaFrance presented the staff report. He said Confidential Executive Assistant Liz Lutz administers the business license program and mentioned how it would be consistent with other programs to waive late fees for business licenses during the pandemic. Staff investigated the impact this would have on revenue.Any person doing commerce in the city has to have a business license,per Tigard Municipal Code 5.04. Most of the business license revenues go towards the Commercial Crimes Unit. Tigard has about 3,000 businesses and in a normal year sends out 500 late fee notices,which is 10 percent. This year,we will be sending out 900 notices and most are for smaller businesses. Mr.LaFrance said a waiver would result in a loss of approximately$16,000,which is about 2 percent of the revenue for FY 2021. Instead of sending out late fee notices, staff would send out reminders of the obligation to pay but the reminder would not include a late fee assessment and an insert could be added about Council taking action to waive late fees during the COVID-19 pandemic. Mayor Snider appreciated staff being proactive and bringing this forward. Councilor Shaw had a question on the effective date, and it was clarified that the late fee waiver was effective January 1 through December 2021. Councilor Shaw moved to approve Resolution number 21-06. Council President Lueb seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. TIGARD CITY COUNCIL MEETING MINUTES —February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 11 Resolution No. 21-06—A RESOLUTION WAIVING LATE FEES FOR CITY OF TIGARD BUSINESS LICENSES THROUGH DECEMBER 31,2021. Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Mayor Snider announced Resolution No. 21-06 was approved unanimously. 8. CONSIDER PURCHASE OF PROPERTY AT 8686 SW OAK STREET AND AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO COMPLETE THE TRANSACTION Principal Engineer Newbury presented the staff report. He said purchase of this property has been a high priority in the Storm Water Master Plan. There is a home on the property which sits near Ash Creek and was built in the 1970s, before there were setback requirements. Now,it would not have been allowed to be built so close to the creek.There continue to be issues with Ash Creek flooding and stream erosion has come dangerously close to the foundation. The homeowner no longer lives at the property and contacted the city last summer to state she wants to sell it. The city had an appraisal done which came in at$280,000 and the owner will sell for that amount. A Phase 1 environmental assessment was performed. No known contaminants or other items of concern came up during the assessment. If the purchase is authorized the city would demolish the home and complete some floodplain restoration to enlarge it and add more storm water storage. Benefits include less flooding and downstream erosion in the area and there would be no more danger of construction failure in the home because it will be removed. Councilor Lueb moved to purchase the property at 8686 SW Oak Street and Authorize the City Manager to complete the transaction. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote. Mayor Snider announced that the motion passed unanimously. Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ 9. NON-AGENDA ITEMS—None. 10. ADMINISTRATIVE REPORT City Manager Rymer reported on administrative items. He thanked Police Chief McAlpine for her outstanding leadership this past month. He thanked Commander Rogers and Commander McDonald for providing leadership and support to our chief and many regional partners. He TIGARD CITY COUNCIL MEETING MINUTES— February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 11 noted that Washington County is moving from COVID-19 extreme risk down to high risk. There will be additional access to restaurants, etc.,but he encouraged the community to be diligent by wearing masks and social distancing. He said there were some compelling cases for the Resident Aid Fund of Tigard, so the city has elected to award five $20,000 grants rather than four$25,000 grants. He announced that the city's first public safety levy hire,Michael Shumaker, graduated from the police academy on February 4.The Code Red emergency notification system is actively being promoted and materials will be distributed to the community to encourage people to sign up. 11. EXECUTIVE SESSION At 9:22 p.m. Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). He said the City Council would adjourn after the Executive Session. 12. ADJOURNMENT At 9:36 p.m. Councilor Goodhouse moved for adjournment. Councilor Lueb seconded the motion. City Recorder Krager conducted a roll call vote. Mayor Snider announced that the motion passed,and the meeting was adjourned. Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES - February 9, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 12 of 11 111 City of Tigard City Council Business/ TCDA Meeting Minutes TI GAR D, February 23, 2021 0 EXECUTIVE SESSION At 6:30 p.m. Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). The Executive Session ended at 7:00 p.m. 1. BUSINESS MEETING A. At 7:34 p.m.Mayor Snider called the City Council&Town Center Development Agency meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance. A flag was projected on the screen. Mayor Snider called for a moment of silence for the over 500,000 people who died from COVID-19 over the past year. D. Call to Council and Staff for Non-Agenda Items—None 2. PUBLIC COMMENT A. Public Comment—Written:Mayor Snider said one written comment was received by the noon deadline, from Jilian Saurage Felton in favor of rezoning the Aman property. B. Public Comment—Phone-In:Mayor Snider announced that the phone number to call for public comment was 503-966-4101 and anyone interested in testifying for Agenda Items No. 3 and 4 should call in at the beginning of those hearings. TIGARD CITY COUNCIL MEETING MINUTES— February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 8 C. Follow-up to Previous Public Comment—Assistant City Manager Nyland noted that two weeks ago a caller requested more information on how the Urban Renewal Fund and General Fund relate to each other.A response was made within 48 hours and continued discussions were held with him to provide information on the logistics of the urban renewal program.The resulting discussion was helpful both to the constituent and to staff and Council. 3. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE ALLOWING FOR THE IMPLEMENTATION OF 20 MPH SPEED ZONES A. Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may testify by phone and may call in to get the queue now by calling 503-966-4101. C. Senior Transportation Project Engineer Enloe gave a staff report and slide presentation on an ordinance that would allow the city engineer to establish 20 miles per hour speed zones in select residential areas in Tigard. She said when the concept was discussed with Council a few months ago there was general support,but some questions were raised which she would address at this meeting. • A slide was shown listing characteristics of traffic on the street that would qualify as documented driver behavior concerns. • She listed categories to judge whether a street is a good candidate for a 20-mph zone but said it would not have to meet all the categories.There could be just one, such as complex geological features. • Education—Staff will communicate through Cityscape,the website and social media. Postcards would be mailed to residents in the specific installation areas. • Traffic officers can support the proposed rollout schedule with existing motorcycle officers and supplement with patrol as necessary. Staff wants to start with the initial posture of education rather than enforcement. • Engineering will collect speed data prior to and after installation. If approved,the schedule is to spend the first five months after adoption scoping the project, preparing postcards and mailings, collecting data and ordering traffic signs. There would be two installations per month until the pilot phase is complete.This pace helps staff work this program into their existing workload. Engineer Enloe said that under current regulations,the street may not be an arterial and it must be in a residential district. She showed a slide of a map indicating a large area of Tigard would qualify for this speed zoning. Colors on the map indicated an equity score.Another slide showed a map with the recommended first implementation locations. Community engagement included a survey that received 208 responses with 67%in support. Staff recommends approval of ordinance. D. Public Testimony— None TIGARD CITY COUNCIL MEETING MINUTES —February 23, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 E. Response to testimony by staff.—None as there was no testimony. F. Mayor Snider closed the public hearing. G. Council consideration of Ordinance No. 21-05. Mayor Snider said this was one of the top three things he heard about when talking to thousands of voters while running for mayor. Councilor Shaw said she was in support of this initiative,particularly around the schools. Youth Councilor Calderon supported the 20-mph speed limit. He saw his neighborhood on the map and hoped that drivers take it seriously and slow down. Councilor Goodhouse moved to approve Ordinance No. 21-5. Council President Lueb seconded the motion and City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 21-5—AN ORDINANCE TO ALLOW THE CITY OF TIGARD TO IMPLEMENT 20 MPH SPEED ZONES IN SELECT AREAS Yes No Councilor Shaw ✓ Mayor Snider ✓ Councillor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that Ordinance No. 21-05 was adopted unanimously. 4. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER APPROVAL OF AMAIN REZONING APPLICATION (CPA2020-00001/ZON2020-00001) A. Mayor Snider opened the public hearing. B. Hearing Procedures—City Attorney Rihala read the quasi-judicial hearing procedures. C. Mayor Snider asked if any Councilors had a conflict of interest or any ex parte contacts. Councilor Newton responded that she visited the site recently but did not speak to anyone. Councilor Shaw said she also visited the site but did not speak to anyone. Councilor Shaw City Attorney Rihala responded to a question from Mayor Snider on how the public could object in the time of COVID restrictions and said any member of the public could call in to state their objections now.She asked Councilors Newton and Shaw to clarify for the record that their visits to the site did not affect their impartiality and they said it did not. There were no objections phoned in from the public to the participation of any Council members. D. Associate Planner Lindor gave the staff report and presented a slide deck.A map of the site was shown,which recently received approval for partitioning into three lots and is TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 8 approximately 3.6 acres. Lot 1 is vacant and Lots 2 and 3 are currently occupied by a rental RV business. Current zoning is R-12 and C-G.The area to the south is mostly made up of commercial businesses,R-12 on the west side mostly contains apartment developments and R- 12 on the east side is made up of single-detached houses.The R-25 area to the north is developed with a condominium complex. She said the application before Council is a Comprehensive Plan Map and Zoning Map Amendment that would change the site from General Commercial (G-C) and Medium Density Residential (R-12) to Commercial-General (C-G) and Medium-High Density Residential (R- 25).The existing Lots 1 and 2 are currently Medium Density Residential and Lot 3 is General Commercial.What is proposed would change the designation of Lot 1 to Medium-High Residential and Parcel 2 to General Commercial.There would be no change in zoning to Parcel 3.The overall residential acreage is shrinking from 2.69 to 1.46 acres. However,with the proposed R-25 Zone, density increases by four units. Associate Planner Lindor discussed the Findings and said the proposal has shown compliance with applicable plans,policies and map designations and there are adequate public facilities to serve the property at the proposed zoning. She spoke about public testimony received at the Planning Commission public hearing on January 25, 2021. Most concerns were regarding parking,traffic and safety on Torchwood Street as well as Lot 2 taking access from Torchwood Street. However, the partition approved last December restricts the access for Lot 2 to only Pacific Highway.There would be no access to Lot 2 from Torchwood Street. No development is proposed with this application.When proposed, there will be an evaluation for traffic and other improvements that would be required along Torchwood. Council has received copies of public comments submitted for this project,including one today in favor of the proposal.The Planning Commission reviewed the application and public testimony and recommended approval by a vote of 5-1 with 2 abstentions. Associate Planner Lindor responded to questions Councilor Newton emailed earlier today about how the zoning changes advance the affordable housing plan and how one site of R-25 would be more beneficial than two sites of R-12. She said affordable housing could occur in both instances but with the proposed zone change there could be four additional units and better configuration for the commercial development with access being proposed at Pacific Highway. A Trip Cap set with the application is a condition of approval and was established by the Transportation Planning Rule (TPR) analysis. Ms. Lindor added that any future development would require review and must meet this trip cap. Mayor Snider asked about the Planning Commission vote which included two abstentions. Associate Planner Lindor said staff and Planning Commissioners did not ask for reasons for abstaining. He asked about the one no vote. She speculated that a commissioner may have been concerned that a future development may be Type II and not require additional Planning Commission review. Councilor Newton asked if Parcel 2 would have direct access to Highway 99W.Ms. Lindor said when the partition was approved,they recorded easements through Parcel 3. There is no access onto Torchwood. TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 8 Councilor Shaw asked if the width of the street was typical of Tigard streets for parking. Engineer Jeremy Tamargo said upon development they will be providing a full 32 feet of pavement,matching the existing pavement to the east section. Moving further east on Torchwood the paving does get smaller,but smaller pavement will just reduce what is available for parking. E. Applicant Testimony Alex Dupey of MIG was hired by the landowner to develop the Comprehensive Plan Amendment and Zone Amendment. He spoke about the TPR analysis required by the State. He spoke to a question the Planning Commission had on why the applicant was looking at a Comprehensive Plan Amendment and Zone Change without a development application to go along with it. He noted that in advance of development the landowner had been approached by a non-profit affordable housing developer. To apply for grant funding, the affordable housing developer needs to have the zoning in place prior to submitting applications for funding and eventually constructing on that site. It does implement Tigard's Comprehensive Plan housing goals such as diverse housing types and adjacency to transit. He noted the Council question about the trip cap. For zone changes and Comprehensive Plan amendments, ODOT requires a TPR analysis to find the difference between existing trips compared to future trips after a zone change.They looked at what is the worst-case trip generation that could occur on the site if the zoning were to change. A fast-food outlet for example,would have a high degree of trip impact. Overall,intersections would still function within reason along Highway 99W with the changes in zoning. The onramps for 99W showed a minor peak increase from a.m. and p.m. A trip cap mitigates the minor peak increase and requires any future development to not exceed a certain number of trips. Lot 2 would have the trip cap come into play,but it still allows development on Lot 1 and Lot 3.This shows that the impacts are minor and overall with the trip cap this can be mitigated. It meets the standards to allow the Zone Change and Comprehensive Plan Amendment. Councilor Newton asked if the offer for sale does not go through, could it be sold to someone else for a higher density multi-family development. He said yes. She asked about the possibility for anyone lifting the trip cap in the future. Mr. Dupey replied that there is a condition that requires a process and analysis if an applicant wanted to do that. F. Public Testimony— • Mayor Snider announced that written comments were due by 4:30 p.m. this afternoon. One comment was received from Community Partners for Affordable Housing Director of Housing Development Jilian Saurage Felton and has been entered into the record. • Mayor Snider said anyone wishing to testify via phone could call 503-966-4101 and be put in the queue to speak. Cindy Patelzick called in and said she lives on 74th Avenue and is very concerned about high density. Four more units does make a difference for them. She has sent comments online previously and was assured that her traffic concerns have reached the City Council. She noted there was an incident on January 22 on Torchwood and an TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 ambulance came but when the firetruck arrived it could get into the area.A second firetruck also could not get in. There is no parking, so everyone parks in the fire lane. She said there are issues with turning onto Torchwood and her street (74th Avenue),is going to be impacted heavily. It was never designed that way. When she moved there 40 years ago it was a dead-end street and she realizes something would be built there but would prefer it to stay medium density. She said she understands the Council has a job to do and she appreciated them listening.The commercial part of it is fine but she is very against high density housing.Ms. Patelzick questioned whether there was pedestrian access to Highway 99W and said it was private property. G. Response to testimony by staff. Associate Planner Lindor said comments were forwarded to Council.As far as traffic and improvements to Torchwood, there is no application at this time, and everything would be reviewed at the time of application.The access to 99W Ms. Patelzick referred to on the parcel where White Oak Village is,is available for the public to use. Mayor Snider asked for and received confirmation that all public comment was copied to Council. H. Mayor Snider closed the public hearing. I. Council consideration of Ordinance No. 21-06. Councilor Newton said she has questions more appropriate for the development phase as it moves forward. Councilor Shaw noted that HOAs need to manage for no parking in fire lanes.Youth Councilor Calderon asked how units are counted. Associate Planner Lindor responded that it is set at the number of housing units per acre.This density was calculated as if it were an apartment development, so 1,480 square feet of land is required per unit. Mayor Snider noted for the public that under Oregon land use law, Council's responsibility in a quasi-judicial hearing is to act as impartial judges evaluating the criteria and specific ways the application does or does not meet those criteria. Councilor Goodhouse moved to adopt Ordinance No. 21-06. Council President Lueb seconded the motion. Councilor Goodhouse requested that when a Planning Commissioner abstains from voting, Council would like to know the reason why. City Recorder Krager read the number and title of the Ordinance and conducted a roll call vote. Ordinance No. 21-06—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2020-00001 AND ZONE CHANGE ZON2020- 00001 TO AMEND THE TIGARD COMPREHENSIVE PLAN DESIGNATIONS AND ZONING MAP FROM C-G AND R-12 TO C-G AND R-25 ON TAX LOT 1S136CA01600 TIGARD CITY COUNCIL MEETING MINUTES —February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 8 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that the Ordinance was adopted unanimously. 5. CONSIDER RESOLUTION REFERRING THE CITY CENTER URBAN RENEWAL PLAN SUBSTANTIAL AMENDMENT TO THE VOTERS Redevelopment Project Manager Farrelly gave the staff report and a slide presentation. He said Council is being asked to approve a resolution that will refer a substantial amendment of the City Center Urban Renewal Plan to the voters in May 18 election. He noted that on February 9, 2021, Council unanimously approved the substantial amendment ordinance after holding a public hearing. The Charter and the City Center Urban Renewal Plan require that the amendment not go into effect unless approved by the voters. Last week Council reviewed draft ballot title language and suggested changes.The final draft emailed out this afternoon reflects City Council expectations. City Attorney Rihala suggested that the motion refer to the amendment. Council President Lueb moved to approve Resolution No. 21-07, as amended. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 21-07—A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 18,2021 ELECTION,THE QUESTION OF WHETHER TO AMEND THE CITY CENTER URBAN RENEWAL PLAN, as amended City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 6. ADMINISTRATIVE REPORT City Manager Rymer updated Council on some administrative items. He thanked all the city teammates presenting tonight and noted that Contracts and Purchasing Manager Moody and Purchasing Assistant Riccardi worked diligently on streamlining purchasing processes that also maintain responsible stewardship of public funds.The Public Safety Advisory Board had a member resign and is working on bringing the replacement process to a future Council meeting for TIGARD CITY COUNCIL MEETING MINUTES — February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 8 consideration.The upcoming library LGBTQ+ family program is still open for registration.The Comprehensive Annual Financial Report (CAFR) has a Spanish version hosted on the website. City department budget discussions have wrapped up and the city team will soon meet with the Budget Committee. 7. NON-AGENDA ITEMS—None 8. EXECUTIVE SESSION At 8:51 p.m.Mayor Snider announced that the Town Center Development Agency was entering into an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). He said the meeting would adjourn after the Executive Session. The Executive Session ended at 9:11 p.m. 9. ADJOURNMENT At 9:11 p.m.TCDA Director Lueb motioned for adjournment. Director Shaw seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Director Shaw ✓ Chari Snider ✓ Director Goodhouse ✓ Director Newton ✓ Director Lueb ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —February 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 8 AIS-4684 4. Business Meeting Meeting Date: 08/24/2021 Length (in minutes): 30 Minutes Agenda Title: Receive Capital Improvement Plan Update Prepared For: Joe Wisniewski,Public Works Submitted By: Joe Wisniewski,Public Works Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Briefing and update on the status of Capital Improvement Plan (CIP) Projects currently underway. STAFF RECOMMENDATION /ACTION REQUEST Receive the June 2021 CIP Update. KEY FACTS AND INFORMATION SUMMARY The Capital Improvement Plan (CIP) establishes Tigard's budget and timeline for improvements to city owned and operated public infrastructure over a 6-year period. A CIP project improves or adds value to the City's infrastructure, typically costs $50,000 or more,and has a useful life or extends the useful life of infrastructure for 5 years or more. Public facility systems addressed by the CIP include streets,parks, sanitary sewers, stormwater and domestic water in addition to public buildings and facilities. In most cases, CIP projects are implemented with oversight from the City's Engineering Division. City Engineer Joe Wisniewski will provide a summary report to Council,including the status of active projects. OTHER ALTERNATIVES Can chose not to receive this update, or schedule it for a different time. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The CIP for FY 2020-21 and FY 2021-22 was adopted as part of the budget for each respective fiscal year. DATES OF PREVIOUS COUNCIL CONSIDERATION Previous CIP update was March 16,2021, and also during Budget Committee Meeting April 24,2021 Attachments FY 21 Year End CIP Update 1-1 N 0 N CF N aJ 4a C 3 o Op ci Q a) P4 L9 1 tOC 'I! E +M) IP toC 0 1-4 ail I o 0' N -I cc • o OD CIJ ale �, I--)EN wcii) i_ o I o0ci) 4.4 7_1 .� ct o L a 4-ii ro (...) .Cli07-4 73 al c L) V u U U Q. 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Business Meeting Meeting Date: 08/24/2021 Length (in minutes): 10 Minutes Agenda Title: Approve Amendment to the Urban Planning Area Agreement with Washington County Prepared For: Tom McGuire, Community Development Submitted By: Tom McGuire, Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution -Main Public Hearing: No Publication Date: Information ISSUE The City of Tigard and Washington County(County) desire to amend the existing Urban Planning Area Agreement (UPAA) between them to reflect changes to the Urban Growth Boundary (UGB),the City's Urban Planning Area, and the need for urban planning of the Urban Reserve lands. The City and County consider it mutually advantageous to update the existing UPAA to ensure that each jurisdiction has coordinated and consistent comprehensive plans. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends City Council approve the resolution and update the UPAA with the County. KEY FACTS AND INFORMATION SUMMARY The City of Tigard and the County desire to amend the UPAA to reflect changes to the UGB and the City's Urban Planning Area that have taken place since the UPAA was last amended. The UPAA also needs to incorporate updates related to the urban planning of the new Urban Reserve lands.The current UPAA does not include references to the recently expanded UGB areas and City annexations.There are also references in the existing UPAA to projects that are completed and issues that are no longer relevant. The proposed updates to the UPAA address these missing pieces and outdated references as well as editing to make the document more clear and concise. Tigard and the County initially entered into the agreement because Statewide Planning Goal#2 (Land Use Planning) requires that City, County, State, and Federal agency and special district plans and actions be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter 197. Within the Portland Metro area,the Oregon Land Conservation and Development Commission requires each jurisdiction requesting acknowledgment of compliance of a comprehensive plan to submit an agreement setting forth the means by which comprehensive planning coordination within the Regional Urban Growth Boundary(UGB)will be implemented. Additionally, the City has participated with the County on long range planning studies to identify long-term transportation needs to accommodate future development of the Urban Reserve Planning areas adjacent to the City and have also entered into the Tigard Urban Service Agreement with Clean Water Services,Tigard Water District,TriMet,Tualatin Hills Park and Recreation District,Tualatin Valley Fire and Rescue, and Tualatin Valley Water District, consistent with state law. OTHER ALTERNATIVES Council could leave the current,outdated UPAA in place or propose additional amendments. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Resolution on previous amendments adopted by Council in 2009 Attachments Final Updated UPAA Resolution Agreement Final Updated UPAA Exhibit A Redline Agreement CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION AMENDING THE EXISTING URBAN PLANNING AREA AGREEMENT BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY TO REFLECT CHANGES TO THE URBAN GROWTH BOUNDARY, THE CITY'S URBAN PLANNING AREA, AND THE NEED FOR URBAN PLANNING OF THE URBAN RESERVE LANDS. WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any or all functions and activities that a party to the agreement,its officers or agents,have authority to perform; and WHEREAS, Statewide Planning Goal#2 (Land Use Planning) requires that City, County, State,and Federal agency and special district plans and actions be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter 197; and WHEREAS, the Oregon Land Conservation and Development Commission requires each jurisdiction requesting acknowledgment of compliance to submit an agreement setting forth the means by which comprehensive planning coordination within the Regional Urban Growth Boundary (UGB) will be implemented; and WHEREAS, Washington County (County) and the City of Tigard (City) last updated their original Urban Planning Area Agreement in 2009 through County Resolution& Order 09-65, and through City Resolution No. 09-40; and WHEREAS, the County and the City agreed that future additions to the UGB during or after 2010 must be governed and urbanized by the City in the County and also agreed to urge Metro to expand the UGB only to such areas as are contiguous to incorporated areas of Washington County; and WHEREAS, the state legislature,with House Bill 4078 in 2014 and House Bill 2047 in 2015,validated the acknowledged UGB and Urban and Rural Reserves established through the Metro Regional process involving both the County and City; and WHEREAS, the City has participated with the County on long range planning studies to identify long-term transportation needs to accommodate future development of the Urban Reserve Planning areas adjacent to the City; and WHEREAS, together with the County, City of King City,Metro and Clean Water Services,the City signed a Memorandum of Understanding March 31, 2020, and agreed to coordinate planning efforts for unincorporated land near SW Beef Bend Road and SW Roy Rogers Road; and WHEREAS, the current Urban Planning Area Agreement does not include the most recent changes to the UGB,the City boundary, or the City's Urban Planning Area, and does not address the need for urban planning of the new Urban Reserve lands; and WHEREAS, the original Urban Planning Area Agreement contains sections and references related to projects or activities that have since been completed and no longer need to be in the document. RESOLUTION NO. 21- Page 1 NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council adopts the amended Urban Planning Area Agreement with Washington County,attached as Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 21- Page 2 Washington County — Tigard Urban Planning Area Agreement THIS AGREEMENT is entered into by WASHINGTON COUNTY, a political subdivision in the State of Oregon,hereinafter referred to as the "COUNTY", and the CITY OF TIGARD, an incorporated municipality of the State of Oregon, hereinafter referred to as the"CITY". WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any or all functions and activities that a party to the agreement, its officers or agents,have authority to perform; and WHEREAS, Statewide Planning Goal#2 (Land Use Planning)requires that City, County, State and Federal agency and special district plans and actions shall be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter 197; and WHEREAS,the Oregon Land Conservation and Development Commission requires each jurisdiction requesting acknowledgment of compliance to submit an agreement setting forth the means by which comprehensive planning coordination within the Regional Urban Growth Boundary(UGB)will be implemented; and WHEREAS, the CITY and COUNTY have entered into cooperative agreements with special service districts for fire and life safety; water;parks,recreation and open space; sanitary sewer; and surface water services, consistent with ORS 195.020; and WHEREAS, following the Urbanization Forum process, the COUNTY through Resolution& Order 09-65, and the CITY through Resolution No. 09-40, agreed that future additions to the UGB during or after 2010 must be governed and urbanized by the CITY in the COUNTY and also agreed to urge Metro to expand the UGB only to such areas as are contiguous to incorporated areas of Washington County; and WHEREAS, the state legislature,with House Bill 4078-A in 2014 and House Bill 2047 in 2015, validated the acknowledged UGB and Urban and Rural Reserves established through the Metro Regional process involving both the COUNTY and CITY; and WHEREAS, the CITY has participated with the COUNTY on long range planning studies to identify long-term transportation needs to accommodate future development of the Urban Reserve Planning areas adjacent to the CITY; and WHEREAS,the CITY together with the COUNTY, City of King City,Metro and Clean Water Services signed a Memorandum of Understanding March 31, 2020, and agreed to coordinate planning efforts for unincorporated land near SW Beef Bend Road and SW Roy Rogers Road; and Page 2 WHEREAS,the CITY and COUNTY have entered into the Tigard Urban Service Agreement with Clean Water Services, Tigard Water District, TriMet, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue and Tualatin Valley Water District, consistent with ORS 195.060 to 195.085; and WHEREAS,the COUNTY and the CITY desire to amend the Urban Planning Area Agreement to reflect the changes to the UGB,the CITY's Urban Planning Area, and the need for urban planning of the new Urban Reserve lands; and WHEREAS,the COUNTY and the CITY, to ensure coordinated and consistent comprehensive plans, consider it mutually advantageous to establish: 1. An Urban Planning Area Agreement incorporating a site-specific Urban Planning Area within the UGB where both the COUNTY and the CITY maintain an interest in comprehensive planning and an Urban Reserve Planning Area(URPA) outside the UGB where both the COUNTY and the CITY maintain an interest in concept planning; 2. A process for coordinating comprehensive planning and development in the Urban Planning Area and concept planning in the URPA; 3. Special policies regarding comprehensive planning and development in the Urban Planning Area, and concept planning in the URPA; and 4. A process to amend the Urban Planning Area Agreement. NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: I. Location of the Urban Planning Area and Urban Reserve Planning Area The Urban Planning Area and URPA mutually defined by the COUNTY and the CITY includes the areas designated on the Washington County—Tigard Urban Planning Area Agreement and"Exhibit A"to this Agreement. II. Coordination of Comprehensive Planning and Development A. Amendments to or Adoption of a Comprehensive Plan or Implementing Regulation 1. Definitions Comprehensive Plan means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including, but not limited to, sewer and water systems, Page 3 transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. "Comprehensive Plan"amendments do not include small tract comprehensive plan map changes. Implementing Regulation means any local government zoning ordinance adopted under ORS chapters 197, 215, or 227, a land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. " 2. The COUNTY shall provide the CITY with the opportunity to participate, review and comment on proposed amendments to or adoption of the COUNTY comprehensive plan or implementing regulations. The CITY shall provide the COUNTY with the opportunity to participate, review and comment on proposed amendments to or adoption of the CITY comprehensive plan or implementing regulations. The following procedures shall be followed by the COUNTY and the CITY to notify and involve one another in the process to amend or adopt a comprehensive plan or implementing regulation: a. The CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall notify the other agency, hereinafter the responding agency, of the proposed action at the time such planning efforts are initiated,but in no case less than 35 calendar days prior to the first hearing on adoption. For COUNTY or CITY comprehensive plan updates with the potential to affect the responding agency's land use or transportation system, the originating agency shall provide the responding agency with the opportunity to participate in the originating agency's advisory committee, if any. b. For COUNTY or CITY comprehensive plan updates with the potential to affect the responding agency's land use or transportation system,the originating agency shall transmit the draft amendments by first class mail or as an attachment to electronic mail to the responding agency for its review and comment at least 10 calendar days before finalizing. The responding agency shall have 10 calendar days after receipt of a draft to submit comments orally or in writing. Lack of response shall be considered"no objection"to the draft. c. The originating agency shall respond to the comments made by the responding agency either by a)revising the final draft amendment recommendation(s), or b) a statement on the record explaining why the comments cannot be addressed in the final draft. Page 4 d. Comments from the responding agency shall be given consideration and included as part of the public record on the proposed action. If after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. e. Upon final adoption of the proposed action by the originating agency, it shall transmit the adopting ordinance to the responding agency as soon as publicly available, or if not adopted by ordinance, whatever other written documentation is available to inform the responding agency of the final actions taken. B. Development Actions Requiring Individual Notice to Property Owners 1. Definition Development Action Requiring Notice means an action by the COUNTY or CITY which requires notifying by mail the owners of property which could potentially be affected(usually specified as a distance measured in feet)by a proposed development action which directly affects and is applied to a specific parcel or parcels. Such development actions may include,but not be limited to, small tract zoning or comprehensive plan amendments, conditional or special use permits, land divisions,planned unit developments,variances and other similar actions requiring a quasi-judicial hearing process. 2. The COUNTY will provide the CITY with the opportunity to review and comment on proposed development actions requiring notice within the designated Urban Planning Area and/or URPA. The CITY will provide the COUNTY with the opportunity to review and comment on proposed development actions requiring notice within the CITY limits that may have an effect on unincorporated portions of the designated Urban Planning Area or the COUNTY's transportation network. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of proposed development actions: a. The originating agency with jurisdiction over the proposal, shall send by first class mail or as an attachment to electronic mail a copy of the public hearing notice which identifies the proposed development action to the responding agency, at the earliest opportunity,but no less than 14 calendar days prior to the date of the first scheduled public hearing or end of the comment period, whichever date is earlier. The failure of the responding agency to receive a notice shall not invalidate an action if a good faith Page 5 attempt was made by the originating agency to notify the responding agency. b. The responding agency receiving the notice may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered"no objection"to the proposal. c. If received in a timely manner, the originating agency shall include or attach the comments to the written staff report and respond to any concerns addressed by the responding agency in such report or orally at the hearing. d. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration,the originating agency acts contrary to the position of the responding agency,the responding agency may seek appeal of the action through the appropriate appeals body and procedures. C. Additional Coordination Requirements 1. The CITY and the COUNTY shall do the following to notify one another of proposed actions with the potential to affect the responding agency's land use or transportation system,but are not subject to the notification and participation requirements contained in subsections A. and B. above. a. The originating agency with jurisdiction over the proposed actions, shall send by first class mail or as an attachment to electronic mail a copy of all public hearings agendas which contain the proposed actions to the responding agency, at the earliest opportunity, but no less than three calendar days prior to the date of the scheduled public hearing. The failure of the responding agency to receive an agenda shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The responding agency receiving the public hearing agenda may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered"no objection"to the proposal. c. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration,the originating agency acts contrary to the position of the responding agency,the responding agency may Page 6 seek appeal of the action through the appropriate appeals body and procedures. III. Concept Planning for Urban Reserve Areas A. Definitions 1. Urban Reserve means those lands outside the UGB that have been so designated by Metro for the purpose of: a. Future expansion of the UGB over a long-term period(40-50 years), and b. The cost-effective provision of public facilities and services when the lands are included within the UGB. 2. Urban Reserve Planning Area(URPA) means those Urban Reserves identified for annexation and urbanization by the CITY at such time as the UGB is amended to include the Urban Reserve Area. B. The CITY's URPA is identified on"Exhibit A"to this Agreement. C. The CITY shall be responsible for developing a concept plan in coordination with the COUNTY for the URPA and in conjunction with Metro and appropriate service districts. The concept plan shall include the following: 1. An agreement between the COUNTY and the CITY regarding expectations for road funding,jurisdictional transfer over roadways to and from the CITY and COUNTY and access management for County roads in the URPA. The agreement should describe any changes to the CITY and/or COUNTY transportation system plans, other comprehensive plan documents, or codes that have been adopted or will be necessary to implement this agreement. 2. An agreement between the COUNTY and the CITY that preliminarily identifies the likely provider of urban services, as defined in ORS 195.065(4),when the area is urbanized. D. The concept plan shall be completed by the CITY following the requirements of Metro's Urban Growth Management Functional Plan. E. Upon completion and acknowledgement of the concept plan by the CITY and the COUNTY, and the addition of the area into the UGB by Metro,the affected portion of the URPA shall be designated as part of Urban Planning Area B, as described below. Inclusion in Urban Planning Area B is automatic and does not require an amendment to this Agreement. Page 7 F. Once an URPA has been added to the UGB and prior to annexation into the CITY, the COUNTY will apply the Future Development 20-Acre District (FD-20) land use designation to the land. IV. Comprehensive Planning and Development Policies for Urban Planning Areas A. Urban Planning Area A 1. Urban Planning Area A includes unincorporated lands contiguous to the CITY boundary in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the CITY. Urban Planning Area A is designated as Urban Planning Area A on"Exhibit A". 2. The COUNTY shall be responsible for comprehensive planning and development actions within Urban Planning Area A. 3. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-Division 11 within Urban Planning Area A. B. Urban Planning Area B 1. Urban Planning Area B includes the future areas brought into the UGB per Section III of this Agreement(Concept Planning for Urban Reserve Areas) for which the CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possible. 2. The CITY shall be responsible for comprehensive planning within Urban Planning Area B and shall implement the planning process outlined in the CITY's comprehensive plan. The COUNTY shall support the planning process and participate as necessary. 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660 Division 11, in coordination with other service providers that will provide urban services within this area. 4. As required by OAR 660-011-0010,the CITY is identified as the appropriate provider of local water, sanitary sewer, storm sewer and transportation facilities within Urban Planning Area B when those areas are annexed in the future. Exceptions include facilities provided by other service providers subject to the terms of any intergovernmental agreement the CITY may have with other service providers; facilities under the Page 8 jurisdiction of other service providers not covered by an intergovernmental agreement; and future facilities that are more appropriately provided by an agency other than the CITY. 5. The COUNTY shall not approve land divisions within Urban Planning Area B that are inconsistent with the provisions of the COUNTY Community Development Code and the FD-20 District. 6. The COUNTY shall not approve a development in Urban Planning Area B if the proposal would not provide for,nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with the CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY's Comprehensive Plan. 7. The COUNTY shall not oppose annexation to the CITY within Urban Planning Area B. 8. The CITY will amend the CITY comprehensive plan to include Urban Planning Area B consistent with the original Urban Reserve concept plan. If modifications to the original concept plan are made during the comprehensive planning process, the parties will update the related agreements to reflect these changes, which may include transportation, access and funding. Until the CITY amends its transportation system plan (TSP), the COUNTY's TSP will serve as the TSP for Urban Planning Area B. C. Annexations 1. The COUNTY and CITY recognize the CITY as the ultimate service provider of the urban services specified in the Tigard Urban Service Agreement. The COUNTY also recognizes the CITY as the ultimate local governance provider to all of the territory in the Urban Planning Area designated on"Exhibit A,"including unincorporated properties. 2. The CITY and COUNTY desire to transfer COUNTY services to the CITY in an orderly and efficient manner upon annexation so that service provision to residents and businesses will not be interrupted or diminished. 3. In order to provide for the orderly transfer of COUNTY services to the CITY, the CITY and COUNTY recognize annexation plans as the most appropriate method to annex properties to the CITY. 4. Any change to the CITY boundary due to annexation or any change to the UGB boundary within the CITY's Urban Planning Area automatically amends "Exhibit A"without further amendment to this Agreement. Page 9 D. Special Policies 1. The CITY and the COUNTY agree that SW Tile Flat Road should be extended south from SW Scholls Ferry Road, through the River Terrace West URPA(formerly Roy Rogers Road West), as a collector intersecting with the southern extension of SW Mountainside Way. 2. The CITY and COUNTY agree that SW Mountainside Way should be extended south through the River Terrace West URPA as a collector, with an intersection with SW Bull Mountain Road and allowing for a future connection at SW Roy Rogers Road further south from the URPA boundary to provide adequate transportation connectivity in the area. 3. The CITY and COUNTY agree to coordinate on the ultimate design and alignment of the SW Tile Flat Road extension and the SW Mountainside Way extension within the River Terrace West URPA to its ultimate connection at SW Roy Rogers Road. The CITY and COUNTY agree that the multimodal roadway extension will be context sensitive to meet the transportation needs of the area to provide for the potential future CITY park and access to the CITY URPA and King City UPA on the east side of SW Roy Rogers Road. V. Amendments to the Urban Planning Area Agreement A. The following procedures shall be followed by the CITY and the COUNTY to amend the language of this Agreement or the Urban Planning Area Boundary: 1. The CITY or the COUNTY, whichever jurisdiction originates the proposal, shall submit a formal request for amendment to the responding agency. 2. The formal request shall contain the following: a. A statement describing the amendment. b. A statement of findings indicating why the proposed amendment is necessary. c. If the request is to amend the planning area boundary, a map which clearly indicates the proposed change and surrounding area. 3. Upon receipt of a request for amendment from the originating agency, the responding agency shall schedule a review of the request before the appropriate reviewing body,with said review to be held within 45 calendar days of the date the request is received. Page 10 4. The CITY and the COUNTY shall make good faith efforts to resolve requests to amend this Agreement. Upon completion of the review, the reviewing body may approve the request, deny the request or make a determination that the proposed amendment warrants additional review. If it is determined that additional review is necessary, the following procedures shall be followed by the CITY and COUNTY: a. If inconsistencies noted by both parties cannot be resolved in the review process as outlined in Section V. A(3), the CITY and the COUNTY may agree to initiate a joint study. Such a study shall commence within 30 calendar days of the date it is determined that a proposed amendment creates an inconsistency and shall be completed within 90 calendar days of said date. Methodologies and procedures regulating the conduct of the joint study shall be mutually agreed upon by the CITY and the COUNTY prior to commencing the study. b. Upon completion of the joint study, the study and the recommendations drawn from it shall be included within the record of the review B. The parties may individually or jointly initiate review of this Agreement to evaluate the effectiveness of the processes set forth herein and determine if conditions warrant any amendments. Both parties shall make a good faith effort to resolve inconsistencies that may have developed since the previous review. If inconsistencies still remain at the conclusion of the review period, either party may terminate this Agreement. VI. This Agreement shall become effective upon full execution by the COUNTY and the CITY. This Agreement upon full execution shall repeal and replace the Washington County—Tigard Urban Planning Area Agreement dated October 2003 . The effective date of this Agreement shall be the last date of signature on the signature pages. IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the date set opposite their signatures. CITY OF TIGARD By _ _ Date: Mayor Approved as to Form: Page 11 By City Attorney WASHINGTON COUNTY By Date: Chair,Board of County Commissioners Approved as to Form: By County Counsel By Date: Recording Secretary Page 13 l 1 MURRAY BLVD. CONNECTJO 7 ` GENERAL ALIGNMENT EXHIBIT B co II 600 URBAN MANNING ARF-A AGREEmarr 80III 801 # 501 Of 107 800 301 b 500 ios t1 108 101 II 1100 1. 100 114 T r N t 1101 • 1.301 _ IL 1200 Ilk 1372(� ''/ 4 1300 201 4 100 101 200 MURRAY BLVD. CONNECTION ..f / 1 Washington County- City of Tigard OctoberUPAA03 20 Page 13 �..;..� - __,� wE ,1„ta. ''i'''-'4 him Nom."jn, _mym_■i� ii �r - S :� v�7 yi:r” �iti 7-rilri �liil �i ,- • _ ,_ x " .1-x= rF ,_ 3P R 7 i".1 • • mug + ..01-1 ��• -iNi / if■ .. _-T _ : _ � i'!;:k-J-1171:47.1214. ,' • 111.01!.:1,:•.:, :illiai -,-•-.A4.. 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HWy. y XI ID .. m Y ,_ 74 CO z �o c C 4 w z M yC `Z-4,1 --•"4--m111114,------ �� A O by o 741 o D f�..EEMBURG RD O 1A\ i • dribII `1 ALL BLVD ::�::{::'•',�; O ."Z' r'' �o UPPER BO m /Niko 1,,...:..;V.:.•••••••i 9•••_•.,:„....:_:::.5 - 4Illi •••.:■ AVE / viNir r�� O-1::.1:,.!_a_•.7.:1 _____411riiik.... 1 .." Illi 7■ f c. 15 F ....141..-■ NM Ill = I MI _r �rar .rte . ... .......• C S G• c3If- j w.t, , •H a c n c c c n Q I 2 -ii 0 a D cu 3, n p 0 8° -. D a -G "" a X11= c a a d vDa I D Q 2 rD m N N 'h Washington County — Tigard Urban Planning Area Agreement THIS AGREEMENT is entered into by WASHINGTON COUNTY, a political subdivision in the State of Oregon,hereinafter referred to as the "COUNTY", and the CITY OF TIGARD, an incorporated municipality of the State of Oregon,hereinafter referred to as the "CITY". WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any or all functions and activities that a party to the agreement, its officers or agents, have authority to perform; and WHEREAS, Statewide Planning Goal #2 (Land Use Planning) requires that City, County, State and Federal agency and special district plans and actions shall be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter 197; and WHEREAS, the Oregon Land Conservation and Development Commission requires each jurisdiction requesting acknowledgment of compliance to submit an agreement setting forth the means by which comprehensive planning coordination within the Regional Urban Growth Boundary(UGB) will be implemented; and WHEREAS,the CITY and COUNTY have entered into cooperative agreements with special service districts for fire and life safety; water;parks, recreation and open space; sanitary sewer; and surface water services, consistent with ORS 195.020; and WHEREAS, following the Urbanization Forum process; the COUNTY through Resolution & Order 09-65. and the CITY through Resolution No. 09-40, agreed that future additions to the UGB during or after 2010 must be governed and urbanized by the CITY in the COUNTY and also agreed to urge Metro to expand the UGB only to such areas as are continuous to incorporated areas of Washington County: and WHEREAS. the state legislature. with House Bill 4078-A in 2014 and House Bill 2047 in 2015, validated the acknowledged UGB and Urban and Rural Reserves established through the Metro Regional process involving both the COUNTY and CITY: and WHEREAS, the CITY has parpated with the COUNTY on long range planning studies to identify lone-term transportation needs to accommodate future development of the Urban Reserve Planning areas adjacent to the CITY; and WHEREAS. the CITY together with the COUNTY_ City of King City. Metro and Clean Water Services signed a Memorandum of Understanding March 31. 2020. and agreed to coordinate planning efforts for unincorporated land near SW Beef Bend Road and SW Roy Rogers Road; and Ordinance No 8XX Exhibit i DATE Page 2 WHEREAS, the CITY and COUNTY have entered into the Tigard Urban Service Agreement with Clean Water Services, Tigard Water District, TriMet, Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue and Tualatin Valley Water District, consistent with ORS 195.060 to 195.085; and WHEREAS, the COUNTY and the CITY desire to amend the Urban.Planning Area Agreement to reflect the changes to the UGB,the CITY's Urban Planning Area. and the need for urban planning of the new Urban Reserve lands; and WHEREAS, the COUNTY and the CITY, to ensure coordinated and consistent comprehensive plans, consider it mutually advantageous to establish: 1. An Urban Planning Area AYgreeirreni incorporatin aA site-specific Urban Planning Area within the UGB' . _ .. • _ • : . • :. where within which both the COUNTY and the CITY maintain an interest in comprehensive planning and an Urban Reserve Planning Area f URPA) outside the UGB where both the COUNTY and the CITY maintain an interest in concept planning; 2. A process for coordinating comprehensive planning and development in the Urban Planning Area and conn pt_alanning,in the Lit(?/ ; 3. nPolicies regarding comprehensive planning and development in the Urban Planning Area, and concept planning in the URPA; and 4. A process to amend the Urban Planning \rea Agreement. NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: I. Location of the Urban Planning Area and Urban Reserve Planning Area The Urban Planning Area and URPA mutually defined by the COUNTY and the CITY is the Tigard Urban Service ^rea and includes the areas designated on the Washin,. • County —Tigard Urban Planning Area Aereement and "Exhibit"A"to this Agreement. II. Coordination of Comprehensive Planning and Development A. Amendments to or Adoption of a Comprehensive Plan or Implementing Regulation 1. Definitions Comprehensive Plan means a generalized, coordinated land use map and policy statement of the governing body of a local government that abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit i DATE Page 3 interrelates all functional and natural systems and activities relating to the use of lands, including, but not limited to, sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. "Comprehensive Plan" amendments do not include small tract comprehensive plan map changes. Implementing Regulation means any local government zoning ordinance adopted under ORS chapters 197. 215,or 227, a land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. "Implementing regulation" does not include small tract zoning map planned unit development appreval or denials, annexations, variances, 2. The COUNTY shall provide the CITY with the appropriate opportunity to participate, review and comment on proposed amendments to or adoption of the COUNTY comprehensive plan or implementing regulations. The CITY shall provide the COUNTY with the appropriate-opportunity to participate, review and comment on proposed amendments to or adoption of the CITY comprehensive plan or implementing regulations. The following procedures shall be followed by the COUNTY and the CITY to notify and involve one another in the process to amend or adopt a comprehensive plan or implementing regulation: a. The CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall notify the other agency, hereinafter the responding agency, of the proposed action at the time such planning efforts are initiated,but in no case less tha 5 calendar45 days prior to the first final-hearing on adoption. For COUNTY or CITY comprehensive plan updates with the potential to affect the responding agency's land use or transportation system, the originating agency shall provide the responding agencv_with the opportunity to participate in the orn inatim ar=encY's advisory committee. if any. The specific "Memorandums or Understanding"negotiated and signed by the "Memorandums of Understanding" shall clearly outline the process by which the responding agency shall participate in the adoption process. If, at the time of being notified of a proposed action, the responding agency determines it does not need to abcdef Proposed additions abselef Proposed deletions Ordinance No 8XX Exhibit i DATE Page 4 participate in the adoption process, it may waive the requirement to negotiate and sign a"Memorandum of Understanding". b. For COUNTY or CITY comprehensive plan updates with the potential to affect the respondin,_agency's land use or transportation system. tThe originating agency shall transmit the draft amendments by first class mail or as an attachment to electronic mail a . - --- . . . . . .. -. . to the responding agency for its review and comment it least 10 calendar before finalizing. Unless otherwise agreed to in a "Memorandum of Understanding", T.he responding agency shall have ten-(10) days after receipt of a draft to submit comments orally or in writing. Lack of response shall be considered "no objection"to the draft. c. The originating agency shall respond to the comments made by the responding agency either by a)revising the final aft amendment recommendationts1, or b) a ratemenr on The record by letter to the responding agency explaining why the comments cannot be addressed in the final draft. d. Comments from the responding agency shall be given consideration as part of the public record on the proposed action. If after such consideration,the originating agency acts contrary to the position of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. e. Upon final adoption of the proposed action by the originating agency, it shall transmit the adopting ordinance to the responding agency as soon as publicly available, or if not adopted by ordinance, whatever other written documentation is available to properly inform the responding agency of the final actions taken. B. Development Actions Requiring Individual Notice to Property Owners 1. Definition Development Action Requiring Notice means an action by the COUNTY or ut 1 Y a local government which requires notifying by mail the owners of property which could potentially be affected(usually specified as a distance measured in feet) by a proposed development action which directly affects and is applied to a specific parcel or parcels. Such development actions may include, but not be limited to, small tract zoning abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit 1 DATE Page 5 or comprehensive plan amendments, conditional or special use permits, land divisions. • .. • ..• , . . planned unit developments, variances;and other similar actions requiring a quasi-judicial hearings process which is quasi judicial in nature. 2. The COUNTY will provide the CITY with the opportunity to review and comment on proposed development actions requiring notice within the designated Urban Planning Area and/or URPA. The CITY will provide the COUNTY with the opportunity to review and comment on proposed development actions requiring notice within the CITY limits that may have an effect on unincorporated portions of the designated Urban Planning Area or the COUNTY's iransportation network. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of proposed development actions: a. The originating agency with CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall send by first class mail or as an attachment to electronic mail a copy of the public hearing notice which identifies the proposed development action to the other agency, hereinafter the responding agency, at the earliest opportunity,but no less than 14 valendar ten(10) days prior to the date of the first scheduled public hearing or e. anment period, whichever date is earlier comes first. The failure of the responding agency to receive a notice shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The responding agency receiving the notice may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered"no objection"to the proposal. c. If received in a timely manner, the originating agency shall include or attach the comments to the written staff report and respond to any concerns addressed by the responding agency in such report or orally at the hearing. d. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration, the originating agency acts contrary to the position of the respondir , the responding agency may seek appeal of the action through the appropriate appeals body and procedures. abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit i DATE Page 6 C. Additional Coordination Requirements 1. The CITY and the COUNTY shall do the following to notify one another of proposed actions with the potential to =may affect the re---mcg 's land use or transport-`"i, eemmuttity, but are not subject to the notification and participation requirements contained in subsections A and B above. a. The originating agency with CITY or the COUNTY, whichever has-jurisdiction over the proposed actions, hereinafter the originating agency, shall send by first class mail attachment to electronic mail a copy of all public hearings agendas which contain the proposed actions to the other agency, hereinafter the-responding agency, at the earliest opportunity,but no less than three (3)en1Prifin days prior to the date of the scheduled public hearing. The failure of the responding agency to receive an agenda shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The _ agency receiving the public hearing agenda may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered"no objection"to the proposal. c. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration, the originating agency acts contrary to the position of the responding agency,the responding agency may seek appeal of the action through the appropriate appeals body and procedures. III. Concept Planning for Urban Reserve Areas A. Definitions 1. Urban Reserve means those lands outside the UGB that have been so desiinated by Metro for the purpose of: a. Future expansion of the UGB over a lop II-term period (40-50 years), and abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit i DATE Page 7 b. The cost-effective provision ofpublic facilities and services when the lands are included within the UGB. 2. Urban Reserve Planning Area(URPA) means those Urban Reserves identified for annexation and urbanization b) the CITY at such time as the UGB is amended to include the Urban Reserve Area. B. The CITY's URPA is identified on"Exhibit A"to this Agreement. C. The CITY shall be responsible for developing a concept plan in coordination with the COUNTY for the URPA and in coj unction with Metro and appropriate service districts. The concept plan shall include the following: I. An agreement between the COUNTY and the CITY regardine expectations for road funding,jurisdictional transfer over roadways to and from the CITY and COUNTY and access management for County roads in the URPA. The agreement should describe any changes to the CITY and/or COUNTY transportation system plans. other comprehensive plan documents. or codes that have been adopted or will be necessary to implement this agreement. 2. An agreement between the COUNTY and the CITY that preliminarily identifies the likely provider of urban services_ as defined in ORS 195.065(4). when the area is urbanized. D. The concept plan shall be completed by the CITY followine the requirements of Metro's Urban Growth Management Functional Plan. E. Upon completion and acknowledeement of the concept plan by the CITY and the COUNTY. and the addition of the area into the UGB by Metro. the affected portion of the URPA_ shall be designated as part of Urban Planning Area B. as described below. Inclusion in Urban Plannine Area B is automatic and does not require an amendment to this Agreement. F. Once an URPA has been added to the UGB and prior to annexation_into the CITY. the COUNTY will apply the Future Development 20-Acre District (FD-20) land use designation to the land. IV. Comprehensive Planning and Development Policies for Urban Plannine Areas A. Active Planning Arca 1. Definition abcdef Proposed additions abedef Proposed deletions Ordinance No 8XX Exhibit I DATE Page 8 Active Planning Area means the incorporated area and certain development activities to the greatest extent possible. The CITY Active 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan, required by OAR 660 11 within the Active Planning Area. /1. The COUNTY shall not approve land divisions within the Active Planning • �. . . . .. - Area if the proposal would not provide for, nor be conditioned to provide CITY as indicated by the CITY Comprehensive Plan. 6. Approval of the development actions in the Active Planning Arca shall be storm drainage, streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area. AB. Urban Planning Area AArea of Interest 1. Definition Urban Planning Area A . - - - ' • - ' -• • - •- includes unincorporated lands contiguous to the Active Planning Area CITY bound in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the CITY. • • -- ' • •. . • - CITY Area of Interest within the Urban Planning Area is designated as Urban Planning_Area A-on"Exhibit-`A". abcdef Proposed additions abcdcf Proposed deletions Ordinance No 8XX Exhibit I DATE Page 9 2. The COUNTY shall be responsible for comprehensive planning and development actions within the Area of Interest Urban Planning_Arc...,. The COUNTY has entered into an intergovernmental agreement with the CITY for the CITY to provide land development services on behalf of the COUNTY within the Area of Interest. Through this intergovernmental services to the area on behalf of the COUNTY. 3. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-Division 11 within the Area of Interest Urban Planning Area A. B. Urban Planning Area B Active Planning Area 1. Definition Urban Planning Area B - ' - ' . • -•• _ -. •. includes the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive planningfuture areas brought into the UGB per Section III of this Agreement(Concept Planning for Urban Reserve Areas for which the CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possible. The CITY Active Planning Area is designated as Area.A on"Exhibit A". 2. The CITY shall be responsible for comprehensive planning within the Urbanve Planning Area and shall implement the planning process outlined in the Lr 1 i's comprehensive plan. The COUNTY shall support the planning process and participate as necessary. 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan;required by OAR 660 — ' • jot 11 wig Active Planning Area in coordination with other service providers that will provide urban services within this area. 4. As reduired by OAR 660-011-0010, the CITY is identified as the appropriate provider of local water_ sanitary sewer_ storm sewer and transportation facilities within Urban Planning Area B when those areas are annexed in the future. Exceptions include facilities provided by other service providers subject to the terms of any intergovernmental aereement the CITY may have with other service providers: facilities under the jurisdiction of other service providers not covered by an abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit 1 DATE Page 10 intergovernmental agreement; and future facilities that are more gpiiroipriately provided by an agency other than the CITY. 5. The COUNTY shall not approve land divisions within Urban Planning Area B that are inconsistent with the provisions_of the COUNTY Community Development Code and the FD-20 District. the Active Planning Area_which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. 6. The COUNTY shall not approve a development in Urban Planning Area B the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with the CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. A .. . . . . - .. - • . •. •• - s ♦ ' .. . A. -. • . .contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. 78. The COUNTY shall not oppose annexation to the CITY within the CITY's ActiveUrbaY_ Planning Area . 89. -The CITY will amend the CITY comprehensive plan to include this areaUrban Planning Area B consistent with the original Urban Reserve concept plan. If modifications to the original cone pt plan are made during the comprehensive planning process. the parties will update the related aareements to reflect these changes,.which may include transportation. access and funding. Until the CITY amends its transportation system plan (TSP),the COUNTY's TSP will serve as the TSP for Urban Planning Area B. C. Annexations 1. The COUNTY and CITY recognize the CITY as the ultimate service provider of the urban services specified in the Tigard Urban Service Agreement. -The COUNTY also recognizes the CITY as the ultimate local governance provider to all of the territory in the Urban Planning Area designated on "Exhibit 'Tigard Urban Service Area, includingA," including unincorporated properties. So that all properties within the Tigard Urban Service Area will be served by the CITY, the COUNTY and abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit Ull 1 1 DATE Page 11 2. The CITY and COUNTY desire to transfer COUNTY services to the CITY in an orderly and efficient manner upon annexation so that service provision to residents and businesses will not be interrupted or diminished. 3. In order to provide for the orderly transfer of COUNTY services to the CITY, the CITY and COUNTY recognize annexation plans as the most appropriate method to annex properties to the CITY. Annexations to the CITY, however, shall not be limited to an annexation plan and the CITY . • e _.. _ - . . . . annex properties using the other provisions provided by the Oregon Revised Statutes. All annexations shall be consistent with the provisions 4. Any change to the CITY boundary due to annexation or any change to the UGB boundary within the CITY's Urban Planning Area automatically amends "Exhibit A"without further amendment to this Agreement. So that there will be an orderly transfer of COUNTY services to the CITY as a result of annexations, the CITY and COUNTY shall enter into an 5. The CITY agrees in principle to a plebiscite er ether representative means for annexation.in the Metzger/Progress Cernmunity Planning Area within the CITY Area of Interest. Not contrary to the foregoing, the CITY property owners to annex to the CITY pursuant to Oregon Revised Statutes. 6. Upon annexation of land within the Area ef4nterest to the CITY, the and standards of COUNTY designations. Furthermore, the CITY agrees and an amendment may be initiated before the one year period is over. D. Special Policies 1. The CITY and the COUNTY agree that SW Tile Flat Road should be extended south from SW Scholls Ferry Road. through the River Terrace abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit 1 DATE Page 12 West URPA t formerly Roy Rogers Road West); as a collector intersecting with the southern extension of SW Mountainside Way. 2. The CITY and COUNTY agree that SW Mountainside Way should be extended south through the River Terrace West URPA as a collector. with an intersection with SW Bull Mountain Road and allowing for a future connection at SW Roy Rogers Road further south from the URPA boundary to provide adequate transportation connectivity in the area. At least one copy of any COUNTY ordinance which proposes to (1) amend the COUNTY comprehensive plan, (2) adopt a new plan, or(3) amend the text of the COUNTY development code shall be mailed to the CITY within five(5) days after its introduction. 3. The CITY and COUNTY agree to coordinate on the ultimate design and alignment of the SW Tile Flat Road extension and the SW Mountainside Way extension within the River Terrace West URPA to its ultimate connection at SW Rov Rogers Road,. The CITY and COUNTY agree that the multimodal roadway extension will be context sensitive to meet the transportation needs of the area to.provide for the potential future CITY park needs for the CITY and access to the CITY URPA and King City UPA on the east side of SW Roy Rogers Road;. and i dea needs of the area. At least one copy of any COUNTY ordinance which proposes to rezone land within one (1) mile of the corporate limits of the CITY shall be mailed to the CITY within five (5)days after its introduction. The City of Tigard, City of Beaverton and Washington County have agreed to the following stipulations regarding the-connection of Murray Boulevard from Old Scholls Ferry Road to the intersection of SW 121' Avenue and Gaarde Street: a. The City of Tigard, City of Beaverton and Washington County agree to amend their respective comprehensive plans to reflect the following 1. Designation: Collector 2. Number of Travel Lanes: 2 (plus turn lanes at major intersections) 3. Bike Lanes: Ycs A Right of Way: 60 feet(-plus slope easements where necessary) abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit I DATE Page 13 5. Pavement Width: 10-feet-minimem 6. Access: Limited 7. Design Speed: 35 M.P.H. 8. Minimum Turning Radius: 350 to 500 feet 9. Parking Facilities: None provided on street Scholls Ferry and Murray/New Scholls Ferry intersections. 11. The intersection of the SW 135th A . • : • • - connection will be designed with Murray Bonlevard as a through street with 135th Avenue terminating at the Murray connection with a"T" intersection. in Exhibit"B". b. Any changes to the land use designations in the Murray Boulevard connection area shall be coordinated with all jurisdictions to assure that traffic impacts are adequately analyzed. c. The City of Tigard, City of Beaverton and Washington County shall the adopted Regional Transportation Plan(RTP). 5. The COUNTY and the CITY will execute a Memorandum of records regarding land use activities to the CITY when property is annexed to the CITY IV. Amendments to the Urban Planning Area Agreement A. The following procedures shall be followed by the CITY and the COUNTY to amend the language of this Aagreement or the Urban Planning Area Boundary: 1. The CITY or the COUNTY,whichever jurisdiction originates the proposal, shall submit a formal request for amendment to the responding agency. abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit i DATE Page 14 2. The formal request shall contain the following: a. A statement describing the amendment. b. A statement of findings indicating why the proposed amendment is necessary. c. If the request is to amend the planning area boundary, a map which clearly indicates the proposed change and surrounding area. 3. Upon receipt of a request for amendment from the originating agency,the responding agency shall schedule a review of the request before the appropriate reviewing body, with said review to be held within 45 calendar days of the date the request is received. 4. The CITY and the COUNTY shall make good faith efforts to resolve requests to amend this Aagreement. Upon completion of the review,the reviewing body may approve the request, deny the request;or make a determination that the proposed amendment warrants additional review. If it is determined that additional review is necessary,the following procedures shall be followed by the CITY and COUNTY: a. If inconsistencies noted by both parties cannot be resolved in the review process as outlined in Section TV. A(3), the CITY and the COUNTY may agree to initiate a joint study. Such a study shall commence within 30 calendar 90-days of the date it is determined that a proposed amendment creates an inconsistency;and shall be completed within 90 calendar days of said date. Methodologies and procedures regulating the conduct of the joint study shall be mutually agreed upon by the CITY and the County COUNTY prior to commencing the study. b. Upon completion of the joint study,the study and the recommendations drawr from it shall be included within the record of the review. The agency considering the proposed amendment decision. B. The parties will may individually or jointly initiate review of this Agreement every two (2) years to evaluate the effectiveness of the processes set forth herein and determine if condom's wall ant to-make-any amendments. The review process shall commence two (2)years from the date of execution and shall be completed within 60 days. Both parties shall make a good faith effort to resolve abcdef Proposed additions abcdef Proposed deletions Ordinance No 8XX Exhibit 1 Exhibit I DATE Page 15 inconsistencies that may have developed since the previous review. If, after completion of the 60 day review period inconsistencies still remain conclusion of the review period, either party may terminate this Agreement. C. The COUNTY and CITY, in conjunction with other Washington County cities, they address planning issues and initiatives that have occurred since 1988. V . This Agreement shall become effective upon full execution by the COUNTY and the CITY. This Agi eement upon Lull execution and shall then repeal and replace the Washington County—Tigard Urban Planning Area Agreement dated October 2003 October 25, 1988. The effective date of this Aagreement shall be the last date of signature on the signature pages. IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the date set opposite their signatures. CITY OF TIGARD By Date: Mayor Approved as to Form: By City Attorney WASHINGTON COUNTY By Date: Chair, Board of County Commissioners Approved as to Form: By County Counsel By Date: Recording Secretary abcdef Proposed additions abcdef Proposed deletions Washington County-City of Tigard U October 20PAA03 Page 13 - o Z C) o S-. C viii;`M_ x.:e ' YC'•'"r^ IPPt...�-,- 4,_.!i .- - t, -�..___ $.� -ice ----'.1_14111;41- ' u 1^�FI. :� r*-` 16 "7441 .740 'ai#rye :, _ - EF..; • I rear- lc� i ? ''`�.-- .: .-' - �. +mit V4 r1i 1'.'2.*. .-.1.17 ..,-ar� 4 ,'T:-. . i=._' - wry 1- ...�iii 1-,: _.1 1•; i? Ifi III >Mb. Y:. �rS�11 Rf :",i. .!-'..e._-5_1 11 L;•.? - •,'•..?1,11-1'..:-'''ill'. i i •• somPl r a`'y:tr i ,iiii 11 :14,1 �} 4- r F• -. ! jr �:,. Ails:. • ,:.:'.1,-... 2,214 -.•='f ;f',_. 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Business Meeting Meeting Date: 08/24/2021 Length (in minutes): 15 Minutes Agenda Title: American Rescue Plan Act(ARPA) Funding Recommendations Prepared For: Nicole Hendrix, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE The Tigard team is developing an investment strategy to identify long-lasting and impactful ways to support community members with the American Rescue Plan Act (ARPA) funding.ARPA's State and Local Fiscal Recovery Fund provides flexible funds to governments to meet local needs for COVID-19 recovery,of which Tigard will receive $7,499,726. Tigard's planning efforts will be iterative,involve an incremental roll out of investments, and continued input from City Council and community.The team is also working to maximize funding opportunities by coordinating with partners and pursuing additional ARPA-funded programs. As follow up to the August 10, 2021 council meeting, city teammates will provide information on the current nonprofit and business support needs in the Tigard community and recommendations for investments based on those identified needs. STAFF RECOMMENDATION /ACTION REQUEST 1. Receive update on the identified nonprofit and business support needs. 2. Allocate$250,000 for a third round of the RAFT grant program for community and nonprofit support. 3. Direct the Tigard team to continue to monitor business needs as we navigate COVID-19. KEY FACTS AND INFORMATION SUMMARY At the August 10, 2021 City Council meeting, City Council asked city teammates to prepare recommendations to provide immediate support to nonprofits and the business community and present those recommendations at the August 24,2021 council meeting. Community Support The team connected with nonprofit partners including members of the Community Roundtable,past grant recipients and applicants,and past participants in other city assistance programs to determine immediate needs,anticipated long-term needs, and ways the city can support those needs.Partners shared a wide variety of immediate needs ranging from short-term housing support and operational assistance to advertising need for donations. Based on these conversations, our recommendation is to invest$250,000 in ARPA funds to support a third round of the Residential Aid Fund of Tigard (RAFT) program.The RAFT program,which was created in April 2020,provides grants to non-profits, faith organizations, agencies or service districts to provide immediate and necessary relief to Tigard community members impacted by COVID-19. A third round of RAFT will allow for immediate response to meet the variety of needs identified by our nonprofit partners. Additionally,hundreds of Oregon childcare facilities closed during the pandemic. Childcare is a family issue and it is a business issue.We have included funds in our recommendation for what we anticipate will be a growing need- support for childcare. Lastly, the team is also exploring the expansion of existing community grant programs to allow community members to pursue community building and healthy neighborhood efforts. Recommendations to invest funding in expanding these grant programs will be presented to Council at a later date. Business Support In the last six months,Tigard has had two requests for grant funding from Tigard businesses. The Tigard team is exploring ways to support and assist in business recovery through loan programs similar to past partnership programs with Craft3 and MESO.Additionally, the team is exploring business workshops on recruitment and retention as a way to help with current demand for staffing support. Our recommendation is to continue these support efforts and monitor business needs as we navigate COVID-19. OTHER ALTERNATIVES •Council may choose to adjust funding amount for RAFT investment. •Council may direct to invest ARPA funds in business support. •Council may request city teammates gather more information on current needs. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard's strategy for investing ARPA funds is guided by established principles that advance council goals,the 5 E's,the citywide strategic plan, and city imperatives. Guiding Principles: 1. Prioritize fiscal stability to sustain city services. 2. Pursue intentional,impactful, and immediate community projects. 3.Avoid establishing new programs where ongoing funding sources are not identified. 4.Maintain clear records of spending and document success. Share our story. 5.Advance Council Goals of Homelessness, COVID-19 Response, Community Resiliency Plan,and Parks & Recreation. 6.Advance City Imperatives of Improving Systems, Implementing the Strategic Plan,Anti-Racism, and COVID-19 Response. DATES OF PREVIOUS COUNCIL CONSIDERATION 08/10/2021 - Receive Update on American Rescue Plan Act (ARPA) 05/03/2021 -Budget Committee Attachments ARPA Council Presentation n D > n oma. MO N 0. -' --f n Nn su 0 o O - 3 ill = _ ... m `r ma e 3 5 C • ID 1/1111111' , 'w n �D M MO 111111 • .I 1111 l'' 4 ' 44 . -.-•et T 4 - Ailiti.04-- 1 ta. uta n 0.3 E'<4- .O • • Io 3 nn 0 * c„ _, D x � o p o —, � 2 T -0 fp — c 3 CDD (DD CU FD —I pD, Q t Q - 0 - 9 5' CCED =' 9 ,�-r i6 cu a_ • ox vi vi cu o r+ D C 1 = 0 m ° _ o' er � � � 3 -0 'a . a 13 c� 9 CD - 0 CD CD ncn D rh O Q 3 = -h3 a aJ C -0 r+ = 0) LO rD v, 0) Q m D0 16 ; o CD LO n C. 3 r O CO D Or+ 1:23o CO CI; 73 D N 0 N m m CDD Q /-�. 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Business Meeting Meeting Date: 08/24/2021 Length(in minutes): 30 Minutes Agenda Title: Receive Update on Homelessness Response Prepared For: Halsted Bernard,library Submitted By: Halsted Bernard,Library Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE The City Council will receive an update about the City's homelessness response. This will include hearing about what we've done,what we're currently doing, and what we plan to do next.The presentation will focus on both immediate actions and long-term strategies, some of which may require future Council action or appropriations. STAFF RECOMMENDATION/ACTION REQUEST 1.Receive houseless update 2.Provide input on information presented 3.Direct team to re-establish a community team (former task force) including Council representative Shaw, business community,community based organizations, Chamber of Commerce,Tigard Downtown Association,houseless individuals,and City teammates KEY FACTS AND INFORMATION SUMMARY Homelessness is a systemic problem with many root causes, currently worsened by a global pandemic, economic uncertanties, and insufficient resources to successfully address a drastically increased need for health and human services across Washington County. Since the beginning of this year,we have received 74 calls, emails, and social media comments from business owners and other community members concerned about the uptick in visible homelessness in downtown Tigard and its impacts. When the City Council developed the 2021-2023 goal to implement an actionable,person-centric, and regional response to homelessness,we formed an internal project team that includes teammates from Community Development,Public Works,Police,Library, and City Management.This team reviewed the recommendations from the Task Force for the Homeless and compiled updates to present to Council on what has been implemented,what has not been implemented, and what will require additional guidance from Council. Implemented Recommendation: The City should continue to provide in-kind support (printing,graphics,design) to nonprofits addressing homelessness. Action: The City designs and prints homelessness resource cards which provide information on severe weather shelters,showers, and food pantries.Just Compassion distributes the laminated cards to their coalition members. The Tigard Public Library and Tigard Police also use the cards while interacting with individuals experiencing homelessness. Recommendation: The City should continue to fund a post office box for Just Compassion to use for their homeless clients. Action: A key need for individuals experiencing homelessness is the ability to receive mail. This is important because a mailing address is required for job applications and social service programs.The City funds the cost of renting a post office box.Just Compassion manages the post office box and ensures that clients are aware of its availability. Recommendation: The City should create an internal tracking system to track homeless related incidents. Action: The Tigard Police Department has adjusted their internal tracking system to better account for incidents involving individuals experiencing homelessness. The City will continue to review the tracking system for opportunities to gain better data. Recommendation:The City should participate in the annual Point-in-Time Count. Action: The Point-in-Time (PIT) count is a count of sheltered and unsheltered individuals experiencing homelessness on a single night in January. On the local level,point-in-time counts help communities plan services and programs to appropriately address local needs,measure progress in decreasing homelessness, and identify strengths and gaps in a community's current homelessness assistance system. Several City teammates participate in the Point-in-Time Count each January.Teammates visit encampments,interview individuals experiencing homelessness, and provide information on available resources. Teammates work with Washington County before and during the count to ensure a quality count. Recommendation: The City should fund an annual Project Homeless Connect event. Action: Project Homeless Connect held a Tigard event in 2017. Not Implemented Recommendation: The City should provide public bathrooms and/or portable restrooms that are available 24 hours/day in the downtown core and surrounding neighborhoods. Recommendation:The Tigard Police and New Narrative should partner on homeless outreach. Recommendation:The Tigard Police should fund four hours of overtime for outreach to the homeless. Recommendation: The City should appoint a Homeless Services Coordinator. Recommendation: The City should approve a guiding statement for their approach to homelessness. Recommendation: The City Council should host an annual service event focused on homelessness. Recommendation: The City Council should issue a proclamation for Hunger and Homelessness Awareness Week. Recommendation: The City should create a GIS map with resources available in Tigard and Washington County for people experiencing homelessness. Recommendation: The City should tell the stories of police officers and other teammates who interact with community members experiencing homelessness. Recommendation: The City should prioritize homelessness assistance on their legislative agenda. Recommendation: The City should support the continuation of the Task Force for the Homeless. Additionally,we would like to explore wrap-around services that include but are not limited to: •Tiny villages •Sleeping pods •Safe lots •Lockers •Restrooms/Porta-Potties/Portland Loos •Hygiene Stations/Handwashing stations •Mobile showers •Trash collection •Mobile laundry facilities For each service,we would need to determine the feasibility,including funding (one-time and ongoing), required changes to municipal code,location of service, and more. City Code: Some of the issues we are hearing about--including trash,vandalism, and blocking sidewalks--are issues that are already addressed by existing municipal code. At this time,we are not recommending code changes.We propose moving forward with the listening sessions and outreach efforts so we can clearly identify the problem we are trying to solve or the specific activities we want to address so that we can then determine if they are appropriate to address with an ordinance. If the feedback we solicit is more about behavioral issues, the pilot program we discussed at the August 10, 2021 Council meeting could assist on that front.As we have more in-depth conversations with Washington County, and as we conduct a gap analysis of services offered in our community and what the extant needs are, this list of services might change. Internal Assessment Team Meetings •Wednesday,August 11th (9am-10am) •Monday,August 23rd (2pm-3pm) •Tuesday, September 7th (2pm-3pm) •Monday, September 20th (2pm-3pm) Community Meetings •Wednesday,August 18th (6:30pm-8pm): Listening Session with Tigard Business Owners at Universal Plaza,hosted by Halsted Bernard and Chief McAlpine •Thursday,August 19th (6:30pm-8pm):Listening Session with Tigard Business Owners via Microsoft Teams,hosted by Halsted Bernard and Chief McAlpine Presentations to City Council •Tuesday,August 10th—Washington County Encampments •Tuesday,August 24th—First Project Team Report •Tuesday, September 21st—City Council Goal Update OTHER ALTERNATIVES We can continue to explore additional partnerships,leverage opportunities, and identify best practices. The systemic problem of homelessness touches everyone's lives and we must respond with purpose, clarity, and empathy. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Strategic Plan Vision:Tigard: an equitable community that is walkable,healthy, and accessible for everyone. SP Goal 1,Objective 1.2: Embrace data-informed decision-making to solve problems,pursue opportunities for improvement and develop innovative solutions for equitable outcomes. SP Goal 1, Objective 1.4: Enhance community awareness and engagement with City activities and services. SP Goal 3, Objective 3.4: Proactively intervene as necessary to meet the housing needs of all community members. 2021-2023 City Council Goals, Goal 1: Implement an actionable,person-centric, and regional response to homelessness. DATES OF PREVIOUS COUNCIL CONSIDERATION 9/20/2016—Discussion on the City's role in addressing homelessness. 11/22/2016—Continued discussion from 9/20/16. 4/25/2017—Task Force for the Homeless approved. 12/19/2017—Receive recommendations from Task Force for the Homeless. 4/20/2021 —Update to Council about the recent actions the city has taken to address homelessness. 4/27/2021 —Adoption of Council Goals,including GOAL 1: Implement an actionable, person-centric, and regional response to homelessness. 8/10/2021 —Receive briefing on the Washington County Encampment Pilot Program. Attachments 2021 Update on Task Force for the Homeless Recommendations AgendaQuick©2005-2021 Destiny Software Inc.,All Rights Reserved Task Force for the Homeless: Implementing Recommendations from the Task Force for the Homeless Implemented Recommendation:The City should continue to provide in-kind support(printing, graphics, design)to nonprofits addressing homelessness. Action:The City designs and prints homelessness resource cards which provide information on severe weather shelters,showers, and food pantries.Just Compassion distributes the laminated cards to their coalition members.The Tigard Public Library and Tigard Police also use the cards while interacting with individuals experiencing homelessness. Recommendation:The City should continue to fund a post office for Just Compassion to use for their homeless clients. Action:A key need for individuals experiencing homelessness is the ability to receive mail.This is important because a mailing address is required for job applications and social service programs.The City funds the cost of renting a post office box.Just Compassion manages the post office box and ensures that clients are aware of its availability. Recommendation:The City should create an internal tracking system to track homeless related incidents. Action:The Tigard Police Department has adjusted their internal tracking system to better account for incidents involving individuals experiencing homelessness.The City will continue to review the tracking system for opportunities to gain better data. Recommendation: The City should participate in the annual Point-in-Time Count. Action:The Point-in-Time(PIT] count is a count of sheltered and unsheltered individuals experiencing homelessness on a single night in January.On the local level, point-in-time counts help communities plan services and programs to appropriately address local needs, measure progress in decreasing homelessness, and identify strengths and gaps in a community's current homelessness assistance system. Several city teammates participate in the Point-in-Time Count each January.Teammates visit encampments, interview individuals experiencing homelessness,and provide information on available resources.Teammates work with Washington County before and during the count to ensure a quality count. Recommendation:The City should fund an annual Project Homeless Connect event. Action: Project Homeless Connect held a Tigard event in 2017. Not Implemented Recommendation:The City should provide public bathrooms and/or portable restrooms that are available 24 hours/day in the downtown core and surrounding neighborhoods. Recommendation:The Tigard Police and New Narrative should partner on homeless outreach. Recommendation:The Tigard Police should fund four hours of overtime for outreach to the homeless. Recommendation:The City should appoint a Homeless Services Coordinator. Recommendation:The City should approve a guiding statement for their approach to homelessness. Recommendation:The City Council should host an annual service event focused on homelessness. Recommendation: The City Council should issue a proclamation for Hunger and Homelessness Awareness Week. Recommendation:The City should create a GIS map with resources available in Tigard and Washington County for people experiencing homelessness. Recommendation:The City should tell the stories of police officers and other teammates who interact with community members experiencing homelessness. Recommendation: The City should prioritize homelessness assistance on their legislative agenda. Recommendation: The City should support the continuation of the Task Force for the Homeless. 2IPage SUPPLEMENTAL PACKET FOR - -2 %- © -72l Tugard Homelessness Response (DATEOFMEETING) August 2021 Update TIGARD City Council Goal 1RI ' , TIGARD p 2021 -2023 Develop an City Council Goals actionable, [ . .- . a person -centric, i s ik regional response , , 7ce � �r ! ,�g p � 1a 1 . -,., k to homelessness. - � , �_......, , ____:i 4/..,.... =-'. - ,��1, � C.aft1 11111 TIGARD Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Internal Project Team • Comprised of teammates from Community Development, Public Works, Police, Library, and City Management • Kickoff meeting on August 11th, meeting biweekly • Reviewed the Task Force for the Homeless recommendations • Next steps: • Conduct a gap analysis of available and needed services • Develop a six-month milestone plan TI G A R D Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Task Force for the Homeless: Recommendations Other Homeless Resources Implemented Community Connect(503-640-3263)helps people Open Door Counseling Center(503-640-6689)offers experiencing homelessness or at imminent risk of drop-in daytime services for homeless persons including hot homelessness to find housing resources, meats,showers,laundry.phone and mailbox use.Emergency food boxes and other services are also available. • The City should continue to provide in-kind Just Compassion provides lunch,a safe place to rest,and Project Homeless Connect offers outreach services and resources on Tues.Wed and Thms from 10 a.m.to 2 p.m. drop-in daytime services Mon-Fri.10:00 am to 5:00 pm at Showers and laundry are offered on the first Sunday of the support (printing, monthSE 6 Ave,Hillsboro(near the 8th Street Max Slop), month from 1 pm to 3 pm al Unity Laundry in Tigard. graphics, design) to HomePtate Youth Services(503-320-8965)Offers drop-in Community Action(503-640-3263)offers a variety of nonprofits addressing services and street outreach for individuals who are 24 assistance for homeless families and persons at risk of years old or younger. homelessness.www.caowash.org homelessness. One side of the resource card provided by the City. IN TI G A R D Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Task Force for the Homeless: Recommendations Implemented • The City should continue to fund a post office for Just Compassion to use for their homeless clients. • The City should create an internal tracking system to track homeless related incidents. • The City should participate in the annual Point-in-Time Count. • The City should fund an annual Project Homeless Connect event. )11 . . TIGARD Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Task Force for the Homeless: Recommendations Not Implemented • The City should provide public bathrooms and/or portable restrooms that are available 24 hours/day in the downtown core and surrounding neighborhoods. • The Tigard Police and New Narrative (formerly Luke-Dorf) should partner on homeless outreach. • The Tigard Police should fund four hours of overtime for outreach to the homeless. Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Task Force for the Homeless: Recommendations Not Implemented • The City should appoint a Homeless Services Coordinator. • The City should approve a guiding statement for their approach to homelessness. • The City Council should host an annual service event focused on homelessness. • The City Council should issue a proclamation for Hunger and Homelessness Awareness Week. TI GA RD Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Task Force for the Homeless: Recommendations Not Implemented • The City should create a GIS map with resources available in Tigard and Washington County for people experiencing homelessness. • The City should tell the stories of police officers and other teammates who interact with community members experiencing homelessness. Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Task Force for the Homeless: Recommendations Not Implemented • The City should prioritize homelessness assistance on their legislative agenda. • The City should support the continuation of the Task Force for the Homeless. Ir Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Listening Sessions with Business Owners • Two preliminary listening sessions, one in person and one virtual • Concern expressed about immediate impacts to property, customers, and employees of Tigard businesses • Next steps include: • City assessment team to check in and evaluate downtown impacts • Resource sheet for businesses • Reconvene the Task Force for the Homeless TI G A R D Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Tigard CHART Community Homelessness Assessment & Response Team • Community team comprised of Councilor Shaw, members of the business community, community-based organizations, Chamber of Commerce, Downtown Association, unhoused residents, and City teammates • Objectives: • Provide insight and recommendations to City Council • Discuss needs in our community • Identify key partnerships and projects TI G A R D Tigard:An equitable community that is walkable,healthy,and accessible for everyone. Wraparound Services "Wraparound services" is the term given to services that help stabilize and house a person experiencing homelessness. • Tiny villages, sleeping pods, safe lots, lockers • Restrooms/Porta-Potties/Portland Loos • Hygiene stations, handwashing stations, mobile showers • Trash collection • Mobile laundry facilities TIGARD Tigard:An equitable community that is walkable,healthy,and accessible for everyone. County Programs Supportive Housing Services https://www.co.washington.or.us/Housing/SupportiveHousingServic es/index.cfm Outreach & Encampments (includes Homeless Camp Management Program presented to City Council on August 10th) https://www.co.washington.or.us/Housing/EndHomelessness/outrea ch-and-encampments.cfm TIGARD Tigard:An equitable community that is walkable,healthy,and accessible for everyone. 0 •.� CITY OF TIGARD, OREGON SUPPLEMENTAL PACKET TIGARD CITY COUNCIL FOR g- U a RESOLUTION N0. 21- (DATE OF MEETING) Nopt Heir) A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY'S EMERGENCY RELATED TO COVID-19 WHEREAS,Tigard Municipal Code (TMC) Chapter 7.74, the City's Emergency Management Code, as well as ORS 401.305, authorize the City to establish an emergency management agency, including the authority to establish policies and protocols for defining and directing responsibilities during a time of emergency;and WHEREAS,pursuant to TMC 7.74.040,a local emergency exists whenever the City or an area impacting part of the City is suffering, or in imminent danger of suffering, an incident that may cause injury or death to persons, including a disease or pandemic;and WHEREAS,TMC 7.74 and ORS 401.309 authorize certain actions to be taken during a state of emergency when necessary for public safety or for the efficient conduct of activities to minimize or mitigate the effects of the emergency;and WHEREAS,the Governor has declared a state of emergency for the State of Oregon and the Washington County Board of Commissioners has declared a state of emergency for Washington County;and WHEREAS, this declaration is in support of the COVID-19 public health response;and WHEREAS, pursuant to TMC 7.74.070, the Tigard City Council ratified the Mayor's emergency declaration on March 17,2020;and WHEREAS,TMC 7.74.070.E says that the declaration must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence; and WHEREAS,on April 21,2020,the Tigard City Council extended the duration of the City's emergency declaration to May 31,2020;and WHEREAS, on May 26, 2020, the Tigard City Council extended the duration of the City's emergency declaration to June 30, 2020; and WHEREAS, on June 23, 2020, the Tigard City Council extended the duration of the City's emergency declaration to July 31,2020;and WHEREAS, on July 28, 2020, the Tigard City Council extended the duration of the City's emergency declaration to September 30, 2020;and WHEREAS, on September 22, 2020, the Tigard City Council extended the duration of the City's emergency declaration to December 2, 2020; and WHEREAS, on December 1, 2020, the Tigard City Council extended the duration of the City's emergency declaration to March 31, 2021;and RESOLUTION NO. 21- Page 1 WHEREAS, on March 23, 2021, the Tigard City Council extended the duration of the City's emergency declaration to June 30, 2021;and WHEREAS, on June 22, 2021, the Tigard City Council extended the duration of the City's emergency declaration to August 31,2021; and WHEREAS, the virus' delta variant has resulted in a dramatic surge in cases and hospitalizations, reversing the positive trend experienced in early July; and WHEREAS, Council finds it necessary to extend the emergency declaration in order to continue its response efforts. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council declares the response to COVID-19 constitutes a continuing state of emergency. SECTION 2: The local emergency exists within the territorial limits of the City of Tigard. SECTION 3: COVID-19 constitutes an urgent threat to public health, requiring additional resources and protective measures to protect the health of City staff, family members, and the Tigard community. SECTION 4: A local emergency authorizes City officials to take the following measures: A. The City and its officials are authorized to take such actions and issue such orders as described in Tigard Municipal Code 7.74 as are determined necessary to protect lives and property and to efficiently conduct activities that minimize or mitigate the effect of the emergency. B. The-emergency procurement of goods and services is authorized pursuant to the Oregon Public Contracting Code,Tigard Municipal Code 2.46, and the City of Tigard Local Contract Review Board Public Contracting Rules. C. To protect the health of City employees,the City may issue emergency rules or guidance on the use of sick leave, telework,remote work, or other policies that will be in effect only for the duration of the emergency. D. To respond to the emergency,and to particularly ease burdens on businesses and service sector workers,the City may relax or adjust enforcement of City codes,including but not limited to parking restrictions downtown. E. To continue to manage and receive necessary supplies and assistance,including but not limited to personal protective equipment, the City has activated its Emergency Operations Center and centralized logistics. The City may request additional assistance as needed,including through mutual assistance agreements,the Cooperative Public Agencies of Washington County (CPAWC),Medical Reserve Corps,and the American Red Cross,among others. SECTION 5: This declaration of emergency will remain in effect until 12pm on December 31,2021. RESOLUTION NO. 21- Page 2 SECTION 6: This resolution repeals and replaces Resolution 21-24 and is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.21- Page 3