The URL can be used to link to this page

City Council Packet - 12/13/2005 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING December 13, 2005 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Don na's\Ccpktl 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD In the Matter of the Proposed Ordinance(s) OREGON STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, E)6!ja& je!~j , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) ~)S 1 which were adopted at the City Council meeting of 05 , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of _0 C- e'-4 , 206_~. 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon lc-~) , , C=11 Signature of erson AwhoPermed Posting Subscribed and sworn (or affirmed) before me this ~U day of OC46M D , 20Q&. OFFICIAL SEAL JILL M BYARS Signature of Notary Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 \\TIG333\USR\DEPTS\ADM\G REER\FORMS\AFFI DAVITS\AFFI DAVIT OF POSTING - ORDINANCE.DOC City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD In the Matter of the Proposed Ordinance(s) 05-17 OREGON STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Catherine Wheatley, being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I *re-posted in the following public and conspicuous places, a copy of Ordinance Number(s) 05-17, which were adopted at the City Council meeting of D_ccember-13,2005, with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the 22nd day of December, 2005. 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13500 SW Hall Blvd., Tigard, Oregon *First posting of Ordinance No. 05-17 contained an errata sheet for Exhibits A and B. This re-posting of Ordinance No. 05-17 attaches the updated Exhibits A and B, which now include the changes from the errata sheet. ignature of Person who Perfo ed Posting dr► Subscribed and sworn(or affirmed) before me this ~g day of 20 OFFICIAL SEAL 1.011, JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO. 381793 Signature of otary Public for Oregon MY COMMISSION EXPIRES JUNE 14, 2008 \\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC I~ CITY OF TIGARD, OREGON RE-ADOPTION OF ORDINANCE NO. 05-17 AN ORDINANCE ADOPTING THE CITY CENTER URBAN RENEWAL PLAN AND DIRECTING THAT THE PLAN BE REFERRED TO THE VOTERS WHEREAS, after a lengthy public process with numerous opportunities for public input and comment, the City Center Urban Renewal Plan (the "Plan") and Report Accompanying the City Center Urban Renewal Plan (the "Report") have been prepared; WHEREAS, the Plan and Report were originally prepared at the direction of the City Center Development Agency; WHEREAS, the Planning Commission, after a public hearing, recommended approval of the Plan and Report, with minor modifications; WHEREAS, the City has consulted and conferred with taxing districts that may be affected by adoption of the Plan and has received no written recommendations from a governing body of any of the districts; WHEREAS, the City Council held a public hearing on November 22, 2005, to receive comments on the Plan and Report; WHEREAS, the City has complied with all notice and hearing requirements and the City Council has carefully considered all comments relating to the Plan and Report. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council adopts the City Center Urban Renewal Plan attached hereto as Exhibit A, based on the Report Accompanying the City Center Urban Renewal Plan attached hereto as Exhibit B. SECTION 2: The City Center Urban Renewal Plan shall be submitted to the voters of the City for their consideration. A ballot title resolution shall be considered by the Council. SECTION 3: The adoption of the Plan under Section 1 shall have no effect unless and until the voters of the City approve the Plan, including tax increment financing. ORDINANCE NO. 05-)7 Page 1 1 SECTION 4: If the Plan is approved by the voters, the City shall assume and complete any and all activities required of it by the Plan; SECTION 5: The Council adopts the determinations and findings attached hereto as Exhibit C. The Council further adopts the Report and Section VI of the Plan as findings. The Council also adopts Section IV of the Staff Report to Council as additional findings, attached here as Exhibit D. SECTION 6: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U nan( w)DaS vote of all, Council members present after being read by number and title only, this ova 1-'day of NDVP~1~ 6W , 2005. YU. 13 Catherine Wheatley, City Record APPROVED: BY Tigard City Council thisc,,eW day of e. m ke, , 2005. Craig irksen, Mayor Approved as to form: 0ityvaAttorney Date: 1 c3 ,r Ordinance No. 05-17 was re-adopted by a Un a-n; r-nvus vote of all Council members present. This ordinance shall be effective 30 days after its re-adoption by is~edm\yedcet'05~051122Wr,wunc(I.plan.onlinance odw, doc the Council, signature by the Mayor, and posting by the City Recorder. Pa'qu tovojj~~ Catherine Wheatley, City Recorder Approved by the Tigard City ou cil on the 13th day of December, 2005. s ORDINANCE NO. 05-_-Jj Craig rksen, Mayor Page 2 Appro ed as to form: Ci ttorney " 1~3 Date: 1 -2- Exhibit A CITY re CENTER URBAN PLAN December G, 2005 Tashman Johnson, LLC Cascade Economic Planning SERA Urban Lang Economics Jeanneffe Launer, Atfiorney CITT OF TIOAKO LIST OF PARTICIPANTS City Center Advisory Commission Members Jim Andrews Carolyn Barkley Gretchen Buehner Alexander Craghead Suzanne Gallagher Alice Ellis Gaut Marland Henderson Ralph Hughes Lily Lilly Mike Marr Judy Munro Roger Potthoff Mike Stevenson Carl Switzer City of Tigard Staff James Hendryx, Community Development Director Tom Coffee, Interim Community Development Director Barbara Shields, Planning Director Duane Roberts, Associate Planner Consultants Jeffrey Tashman, Tashman Johnson LLC Tina Mosca, Cascade Economic. Planning Matt Arnold, SERA Architects Nancy Guitteau, Urban Land Economics Jeannette Launer, Attorney TABLE OF CONTENTS 1. Introduction ....................................................................................................................................1 II. Goals and Objectives ......................................................................................................................I III. Outline of Projects ..........................................................................................................................3 IV. Map and Legal Description of Urban Renewal Area ..................................................................4 V. Urban Renewal Projects ................................................................................................................9 A. Street Improvements 9 B. Streetscape Improvements I 1 C. Bike/Pedestrian Facilities 13 D. Parks ........................................................................................................................................15 E. Public Spaces ...........................................................................................................................16 F. Public Facilities .......................................................................................................................18 G. Planning and Development Assistance 20 VI. Relationship to Local Objectives .................................................................................................20 A. City of Tigard Community Development Code ......................................................................21 B. Tigard Comprehensive Plan Goals and Policies .....................................................................21 C. Transportation System Plan Goals and Policies ......................................................................27 D. City of Tigard Park System Master Plan .................................................................................29 E. Tigard Downtown Improvement Plan .....................................................................................30 VII. Proposed Land Uses .....................................................................................................................30 A. Central Business District .........................................................................................................30 B. General Commercial ...............................................................................................................31 C. Professional Commercial ........................................................................................................31 D. R-4.5 Low-Density Residential District ..................................................................................31 E. R-12 Medium-Density Residential District .............................................................................32 F. R-24 Medium High-Density Residential District 32 VIII. Property Acquisition and Disposition .........................................................................................32 A. Property Acquisition - From Willing Sellers ..........................................................................32 B. Land Disposition 33 IX. Relocation Methods ......................................................................................................................33 X. Tax Increment Financing of Plan ................................................................................................33 A. General Description of the Proposed Financing Methods 34 B. Tax Increment Financing and Maximum Indebtedness ..........................................................34 C. Prior Indebtedness 34 D. Impact of Tax Increment Financing on Public Schools 34 XI. Duration of Plan ...........................................................................................................................35 XII. Future Amendments to Plan ........................................................................................................35 A. Substantial Amendments .........................................................................................................35 B. Council Approved Amendments .............................................................................................36 C. Minor Amendments .................................................................................................................36 D. Amendments to the City of Tigard Comprehensive Plan and/or Development Code 36 0 CITY CENTER URBAN RENEWAL PLAN 1. INTRODUCTION The City Center Urban Renewal Plan (the "Plan") contains goals, objectives and projects for the revitalization of the City Center Urban Renewal Area (the "Area"). The Area, shown in Figure 1, is predominantly zoned for commercial use, encompassing lands in Tigard's Central Business District, General Commercial District and Professional Commercial District. In addition to commercial lands, residential property on the east side of Hall Boulevard and adjacent to Fanno Creek is located within the R-4.5 Low-Density Residential District, R-12 Medium-Density Residential District and R-25 Medium High-Density Residential District. Under existing conditions, the Area is underdeveloped and lacks the mix of high quality commercial, office, residential and public uses suitable for the City's Central Business District. Information regarding conditions in the Area is provided in the Report accompanying the Plan (the "Report"). The purpose of the Plan is to use the tools provided by urban renewal to attract private investment and facilitate the Area's redevelopment. These tools include tax increment financing (see Section X), which generally means that the property taxes resulting from growth in property value within the Area can be used to finance improvement projects and programs. Urban renewal also allows for the Agency purchase of land from willing sellers and subsequent Agency sale for redevelopment as part of a public/private development partnership. The Plan is administered by the City Center Development Agency ("Agency") which was established by the City Council of the City of Tigard as the City's Urban Renewal Agency. The Plan may be changed in the future, under the provisions of Chapter XII. The Plan has a duration of 20 years (see Chapter XI), meaning that no new debt will be incurred after Fiscal Year 2025/2026. The maximum amount of indebtedness (amount of tax increment financing for projects and programs) that may be issued for the Plan is Twenty-Two Million Dollars and No Cents ($22,000,000). II. GOALS AND OBJECTIVES The goals of the Plan represent its basic purposes. The objectives for each goal generally illustrate how the goals are to be achieved. The urban renewal projects called for in Chapter IV of the Plan are the specific means of meeting the objectives. Goal 1: Revitalization of the Downtown should recognize the value of natural resources as amenities and as contributing to the special sense of place. Obiectives: IA: Integrate open space and landscaping elements into the design and development of public improvement projects identified in the Plan to create a livable environment and provide opportunities for multimodal recreational use. City of Tigard 1 December 6, 2005 1 CITY CENTER URBAN RENEWAL PLAN 1B: Minimize the impact of public improvements and facilities projects on the natural environment through the integration of appropriate protective measures and mitigation strategies. Goal 2: Capitalize on Commuter Rail and Fanno Creek as catalysts for future investment and development. Objectives: 2A: Support the development of transit-oriented residential, commercial, employment and recreational uses in the Central Business District that will benefit from and support commuter rail. 2B: Implement pedestrian and bicycle system improvements that will enhance connectivity between downtown and surrounding residential and commercial areas. Goal 3: Downtown's transportation system should be multi-modal, connecting people, places and activities safely and conveniently. Objectives: 3A: Design and construct street improvements as consistent with the Tigard Downtown Improvement Plan and the Tigard Transportation System Plan. 3B: Concurrent with proposed street improvements, and in conformance with the Tigard Transportation System Plan (TSP), provide bike lanes, sidewalks, pedestrian crossings and other pedestrian and bicycle facilities that promote multimodal usage, access and safety. Goal 4: Downtown's streetscape and public spaces should be pedestrian-friendly and not visually dominated by the automobile. Objectives: 4A: Promote pedestrian-oriented, human-scale development in the Central Business District. 413: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. 4C: Provide pedestrian-oriented streetscape improvements, including street trees, street furniture, planters and other landscape enhancements, that will create a safe and visually appealing destination for pedestrians. City of Tigard 2 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN Goal 5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments. 5A: Provide development incentives and technical assistance programs that encourage business and property owners to develop projects that are consistent with the Tigard Downtown Improvement Plan vision and the Tigard Comprehensive Plan. 513: Support the transition of existing nonconforming businesses from downtown to more suitable locations within the City of Tigard. III. OUTLINE OF PROJECTS The Plan identifies transportation projects, including street improvements, streetscape improvements and bicycle/pedestrian facilities improvements, which will increase multimodal connectivity throughout the Area and make downtown Tigard a safer and more accessible destination. The Plan also includes Parks, Public Spaces and Public Facilities projects that will beautify the Area, increase neighborhood livability and provide opportunities for residents, visitors and downtown workers to participate in a wide range of community and recreational activities. Planning and Development Assistance Programs identified in the Plan will facilitate the development, redevelopment and rehabilitation of private property in the Area. The programs will encourage Area business and property owners to invest in projects that will increase the economic vitality of downtown Tigard and support the goals and objectives of the Tigard Downtown Plan and the City's Comprehensive Plan. City of Tigard 3 December 6, 2005 1 r< ~ • CITY CENTER URBAN RENEWAL PLAN IV. MAP AND LEGAL DESCRIPTION OF URBAN RENEWAL AREA Figure 1. shows the urban renewal area boundaries. Exhibit A is a legal description of the Area. v c P~ ~ ~ ~ G~~ ~ rs (j w Otis ~ 1 LUrban Renewal Area 1 : Total Area: 193.71 acres t TcAot Area: 144.14 acres ROW Area: 49.$7 acres f `yM Aggregate Total RMV: $109,365.720 l L Wit ~wa City Center Urban Renewal Plan flOnDWI MXV) RWGW(u A100 --11011 5. _RA r.. M_ rigorct OR -VAI"r L7Tnuriil Cenktt >Y ,~arrryGnitreau p ^~.ec~and roposed Urban Renews! Area rNxrny Oily uoo Figure 1: Tigard City Center Urban Renewal Area City of Tigard 4 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN EXHIBIT A CITY CENTER URBAN RENEWAL AREA LEGAL DESCRIPTION A tract of land in Section 35 Township 1 South, Range 1 West and Sections 1 and 2 Township 2 South, Range 1 West Willamette Meridian City of Tigard, Washington County, Oregon. Described as follows: Beginning at the intersection of the southerly right-of-way of SW Greenburg Road with the southeast line of the John L. Hinklin DLC; thence N 07° 41' 55" W a distance of 100.77 feet to the north right-of-way of SW Greenburg Road; thence N 10° 32' 02" E a distance of 419.98 feet; thence S 88° 04' 51" E a distance of 168.91 feet; thence N 46° 34' 35" E a distance of 73.95 feet; thence S 85° 47' 11 E a distance of 190.07 feet; S 02° 45' 30" W a distance of 72.32 feet; thence N 75° 18' 06" E a distance of 36.45 feet; thence N 46° 48' 53" E a distance of 173.62 feet; thence N 64° 02" 12" E a distance of 177.40 feet to the westerly right-of-way of SW Hall Blvd.; thence N 36° 35' 04" E a distance of 83.84 feet to the easterly right-of-way of SW Hall Blvd.; thence N 64° 31' 19" E a distance of 148.06 feet; thence S 26° 03' 02" E a distance of 160.00 feet; thence N 64° 17' 30" E 148.04 feet to the southerly right-of-way of Highway 217; thence S 35° 21' 18" E, along said highway, a distance of 171.44 feet; thence S 42° 33' 04" E, along said right-of-way, a distance of 99.48 feet; thence S 26° 55' 45" E, along said right-of-way, a distance of 225.54 feet to the northerly right of way of Highway 99 W; thence S 33° 05' 43" E, to the southerly right-of-way of Highway 99w and the west line of Highway 217 a distance of 127.63 feet ; thence S 18° 46' 14" E, along said right-of-way, a distance of 123.73 feet; thence S 64° 26' 56" W, leaving said westerly right-of-way, a distance of 201.24 feet; thence S 13° 32' 43" E a dist of 556.39 to the southeast corner of Lot 6 Tigard Road Gardens; thence S 84° 37' 29" W, along the south line of said lot 6, a distance of 373.00 feet to a point of a curve to the left; thence with a radius of 120.00 feet, a central angle of 83°23' 49" ( chord which bears S 42° 55' 35" W, 159.65 feet) and a length of 174.67 feet to a point of reversing curve to the right; thence along said curve to the right with a radius of 30.00 feet, a central angle of 86° 27' 32" ( a chord which bears S 44° 27' 26" W, 41.10 feet) and a length of 45.27 feet and a point of compound curve to the right; thence along said curve to the right with a radius of 25.00 feet, a central angle of 53° 07' 30" (a chord which bears N 65° 45' 03" W, 22.36 feet) and a length of 23.18 feet to the easterly right-of-way of SW Hall Blvd.; thence S 00° 43' 38" E, along said easterly line, a distance of 106.19 feet; thence S 00° 14' 13" W, a long said easterly right-of-way, a distance of 44.40 feet to the southwest corner of lot 3 Crow Park 217; thence S 79° 08' 55" E, along the southerly line of Crow Park 217, a distance of 158.56 feet to the northeast corner of lot 1 Knoll Acres; thence S 00° 30' 13" W, along the easterly line of lots 1, 2, 3, & 4 Knoll Acres, a distance of 407.30 feet to the northeast corner of lot 5 Knoll Acres; thence S 30° 16' 07" W, along the easterly line of said lot 5, a distance of 149.79 feet to the northerly right-of-way of SW Hunziker Street; thence S 51° 07' 28" W a distance of 78.45 feet to the intersection of the southerly right-of-way of SW Hunziker Street with the easterly right-of- way of SW Hall Blvd.; thence N 89° 17' 28" W a distance of 54.18 feet to the center line of SW Hall Blvd; thence along the center line of SW Hall Blvd. the following 9 courses; thence S 00° 42' 32" W a distance of 143.71 feet to a point of curve of a curve to the right; thence along said City of Tigard 5 December 6, 2005 i CITY CENTER URBAN RENEWAL PLAN curve to the right with a radius of 163.70 feet, a central angle of 44° 01' 33" (a chord which bears S 22° 43' 19" W, 122.71 feet) and a length of 125.79 feet to a point of tangency; thence S 44° 44' 05" W a distance of 455.02 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 179.05 feet, a central angle of 42° 08' 24" (a chord which bears S 23° 39' 53" W, 128.74 feet) and a length of 131.69 feet to a point of tangency; thence S 02° 35' 41" W a distance of 510.56 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 190.99 feet, a central angle of 40° 59' 58" (a chord which bears S 17° 54' 18" E, 133.77 feet) and a length of 136.67 feet to a point of tangency; thence S 38° 24' 17" ea distance of 62.89 feet to a point of curve of a curve to the right; thence along said curve to the right with a radius of 190.99 feet, a central angle of 40° 07' 28" (a chord which bears S 18° 20' 33" W, 131.03 feet) and a length of 133.75 feet to a point of tangency; thence S O1° 43' 11" W a distance of 704.79 feet; thence N 88° 16' 45" W a distance of 35.01 feet to the northeast corner of parcel 1 Partition Plat 1992-069 on the westerly right-of-way of SW Hall Blvd; thence along the northerly and westerly lines of said Partition Plat the following 7 courses; thence N 19° 59' 47" W a distance of 36.96 feet; thence N 77° 33' 03" W a distance of 39.55 feet; thence N 68° 35' 31" W a distance of 63.16 feet; thence S 89° 17' 05" W a distance of 56.25 feet; thence N 81° 13' 33" W a distance of 92.73 feet; thence S 36° 40' 28" W a distance of 116.84 feet; thence S 57° 58' 03" W a distance of 43.20 feet; thence N 77° 47' 58" W a distance of 110.95 feet; thence S 02° 30' 20" W a distance of 422.27 feet to the northerly right-of-way of SW Omara Street; thence N 87° 45' 14" W, along the northerly right-of-way, a distance of 19.65 feet; thence S 03° 57' 44" W, along the westerly right-of-way of SW Omara Street a distance of 24.61 feet and a point on a non-tangent curve to the right; thence along said curve to the right with a radius of 145.90, a central angle of 67° 12' 06" (a chord which bears N 28° 27' 10" W, 161.48 feet) and a length of 171.12 feet to a point of tangency; thence N 05° 09' 15" E a distance of 10.48 feet; thence N 87° 56' 13" W a distance of 189.71 feet to the west line of Chelsea Hill; thence N 05° 09' 16" E, along the easterly line of Chelsea Hill a distance of 219.78 feet to the northeast corner of lot 10 Chelsea Hill; thence N 64° 24' 41" W, along the northerly line of said lot 10, a distance of 74.22 feet to the northwest corner of said lot 10; thence S 49° 33' 17" W, along the westerly line of said lot 10, a distance of 89.36 feet to the south west corner of said lot 10 and a point on a non-tangent curve to the left; thence along said curve to the left with a radius of 140.02, a central angle of 73° 14' 45" (a chord which bears N 77° 04' 28" W, 167.06 feet) and a length of 179.00 feet to the southeast corner of lot 27 Chelsea Hill; thence N 60° 54' 15" W, along the easterly line of said lot 27, a distance of 149.70 feet to the northeast corner; thence S 76° 32' 45" W, along the northerly line of lots 27 and 28 Chelsea Hill, a distance of 90.00 feet to the north west corner of said lot 27 being on the northerly line of Chelsea Hill No. 2; thence N 41° 41' 53" W a distance of 365.61 feet to the southeasterly line of Duck Creek Homes; thence along the southeasterly and the northeasterly line of Duck Creek Homes the following 5 courses; thence N 44° 27' 43" E a distance of 50.76 feet; thence N 25° 06' 01" W a distance of 73.15 feet; thence N 05° 03' 58" E a distance of 40.00 feet; thence N 66° 13' 57" E a distance of 18.50 feet; thence N 42° 08' 14" W a distance of 112.77 feet to the northwest corner of Duck Creek Homes; thence N 44° 28' 11" E a distance of 20.61 feet; thence N 45° 37' 33" W a distance of 323.71 feet to the southeasterly right-of-way of SW Ash Avenue; thence N 03° 24' 44" W a distance of 64.23 feet to the northwesterly right-of-way of SW Ash Avenue; thence N 46° 00' 02" W a distance of 8.89 feet; thence N 11 ° 23' 27" W a distance of 37.80 feet; thence N 06° 58' 17" E a distance of 66.77 feet; thence N 62° 21' 40" E a distance of 74.94 feet; thence N 55° 04' 27" E a distance of 20.96 feet; thence N 68° 32' 03" City of Tigard - 6 December 6, 2005 • CITY CENTER URBAN RENEWAL PLAN E a distance of 128.64 feet; thence N 04° 48' 15" W a distance of 20.53 feet; thence N 31° 55' 15" W a distance of 45.87 feet; thence N 04° 49' 50" W a distance of 29.66 feet; thence N 25° 58' 07" W a distance of 38.51 feet; thence N 35° 25' 15" W a distance of 26.85 feet; thence NOP 13' 41" W a distance of 56.21 feet; thence S 89° 56' 27"W a distance of 153.15 feet; thence S 00° 17' 37" W a distance of 58.36 feet; thence S 87° 16' 18" W a distance of 8.11 feet; thence N 29° 58' 44" W a distance of 32.03 feet; thence S 60° 43' 26" W a distance of 121.23 feet to a point of curve of a curve to the right; thence along said curve to the right with a radius of 5.74, a central angle of 119° 19' 37" (a chord which bears N 59° 21' 36" W, 9.91) and a length of 11.96 feet; thence N 09° 20' 42" W a distance of 21.71 feet; thence N 32° 36' 42" E a distance of 6.84 feet; thence N 54° 0 P 22" E a distance of 125.98 feet; thence N 65° 45' 21" E a distance of 46.97 feet; thence N 37° 15' 37" E a distance of 31.16 feet; thence N 19° 47' 26" E a distance of 39.04 feet; thence N 50° 09' 42" E a distance of 30.34 feet; thence N 19° 52' 25" E a distance of 28.54 feet; thence N 00° 05' 29" E a distance of 12.05 feet; thence N 42° 39' 13" W a distance of 131.41 feet; thence N 50° 39' 11" W a distance of 42.13 feet; thence N 52° 46' 49" W a distance of 49.49 feet; thence S 76° 48' 05" W a distance of 122.38 feet; thence N 50° 23' 17" W a distance of 18.15 feet; thence N 12° 36' 16" W a distance of 15.14 feet; thence N 30° 33' 56" E a distance of 11.96 feet; thence N 73° 54' 00" E a distance of 160.89 feet; thence N 11° 50' 59" E a distance of 12.94 feet; thence N 08° 55' 19" W a distance of 49.31 feet; thence N 30° 48' 21" W a distance of 16.77 feet; thence N 42° 51' 49" W a distance of 366.50 feet to the southeasterly right-of-way of SW Main Street; thence S 49° 56' 02" W, along the southeasterly right-of-way, a distance of 124.67 feet to a point of curve of a curve to the right; thence along said right-of-way and said curve to the right with a radius of 180.29 feet, a central angle of 19° 05' 45" (a chord which bears S 59° 28' 55" W, 59.81 feet) and a length of 60.09 feet; thence N 55° 27' 11" W a distance of 222.29 feet to the intersection point of the northwesterly right-of-way of HWY 99w with the northerly right-of-way of SW Johnson Street; thence along the northwesterly right-of-way of HWY 99w the following 7 courses; thence N 85° 54' 17" E a distance of 14.06 feet; thence N 47° 15' 44" E a distance of 127.51 feet; thence N 44° 08' 14" E a distance of 307.71 feet; thence N 07° 33' 33" W a distance of 27.78 feet; thence N 46° 23' 16" E a distance of 366.71 feet; thence N 49° 49' 08" E a distance of 29.37 feet; thence N 51° 23' 28" E a distance of 295.46 feet to the southerly right-of-way of SW Tigard Street; thence N 62° 37' 00" W, along the southerly right of way of SW Tigard Street, a distance of 20.82 feet; thence N 46° 55' O1" E, along the southerly right of way of SW Tigard Street, a distance of 11.00 feet to a point 20.00 feet south of the center line of SW Tigard Street; thence N 49° 55' 59" W, parallel with and 20.00 feet from the center line of SW Tigard Street(when measured at right angles), a distance of 99.33 feet; thence N 62° 33' 24" W, parallel with and 20.00 feet from the center line of SW Tigard Street(when measured at right angles), a distance of 820.72 feet to a point at the extension of the westerly right-of-way; thence N 36° 24' O 1" E a distance of 240.58 feet to the point of intersection of the northerly right-of-way of SW Commercial Street, 30.00 feet from the center line of SW Commercial Street ( when measured at right angles), with the extension of the westerly right-of-way of SW 95th Ave; thence S 62° 32' 35" E, parallel with and 30.00 feet from the centerline of SW Commercial Street (when measured at right angels), a distance of 594.81 feet to the east right-of-way of SW Lincoln Avenue to a point on a curve to the left; thence along said curve to the left with a radius of 9.49 feet, a central angle of 100° 21' 02" (a chord which bears S 14° 53' 25" E, 14.57 feet; and a length of 16.61 feet to the northerly right-of-way of SW Commercial Street; thence S 61° 24' 10" E, along said northerly right-of-way, a distance of 187.19 feet; thence S 55° 11' 17" E, City of Tigard 7 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN along said northerly right-of-way, a distance of 54.14 feet; thence S 51° 43' 30" E, along said northerly right-of-way, a distance of 153.60 feet to the southeast line of the John L. Hinklin DLC; thence N 46° 44' 38" E, along said Hinklin DLC line, a distance of 1204.91 feet to point of beginning. City of Tigard 8 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN V. URBAN RENEWAL PROJECTS Urban renewal projects authorized under the Plan, which may be undertaken by the Agency, are described below and shown in Figures 2 to 7. To preserve and enhance the Area's natural resources, projects will be designed and implemented with consideration for ecologically sensitive areas and to minimize the impacts of development on the environment. Property acquisition may be required for these projects. Further, some of the projects described herein will require participation of other public agencies. A. Street Improvements Street Improvements projects are designed to improve multimodal circulation and connectivity within downtown Tigard. The projects will also facilitate access between downtown and adjacent residential, commercial and employment areas. To create a pedestrian environment that encourages active uses such as shopping, entertainment and commercial business activity, utilities may be under-grounded concurrent with street improvements. 1. Ash Avenue Extension, Scoffins to Burnham, Including RR Crossing The extension of Ash Avenue from Burnham Street to Commercial Street is a project under the Plan. A new railroad crossing will be developed as part of the project. 2. Scoffins Street/Hall Boulevard/Hunziker Re-Alignment The re-alignment of the Scoffins Street/Hall Boulevard/Hunziker Road intersection is a project under the Plan. Currently, Scoffins Street and Hunziker are poorly aligned, which increases congestion and slows traffic at this three-way intersection. 3. Hall Blvd/Hi hway 99W Intersection Improvements Improvements to the intersection of Hall Boulevard/Highway 99W are a project under the Plan. The project will improve multimodal circulation and safety and reduce congestion at this major intersection, which serves as an important gateway to downtown. 4. Greenburg Road/Highway 99W Intersection Improvements The City has recently commissioned a study that will determine what improvements will be needed to reduce congestion and increase multimodal circulation at the intersection of Greenburg Road and Highway 99W. Tax increment revenues may be used to finance recommended intersection improvements. 5. Burnham Street Improvements The reconstruction and widening of Burnham Street is a project under the Plan. City of Tigard 9 December 6, 2005 e CITY CENTER URBAN RENEWAL PLAN 6. Center Street Improvements Upgrades and improvements to Center Street are a project under the Plan. i , 3 - 6°~c - r. > 41 A. Street Improvement Projects 1. Ash Avenue Extension 2. Scottins / Halt / Hunziker Re-Alignment _ 3. Hoil / 99W Intersection Improvements 4. Greenburg / 99W Intersection improvements a t 5. Burnham Street Improvements 6. Censer Street Improvements City Center Urban Renewo+Plan Fl.Miod WHO, Kf.41witlt AWO S :t'A T m~ Tlgartl OR ® Wrod Gm4w .,a %Wlttiw rf ©tttx ~Y I sun 1 anryr guittrau street improvement Projects itF city ling Figure 2: Urban Renewal Street Improvement Projects City of Tigard 10 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN B. Streetscape Improvements The Tigard Downtown Improvement Plan identifies landscaping features, street trees and street furniture as improvements that will enhance the physical appearance of downtown and attract a broader range of users, including shoppers, tourists and commercial employers. Streetscape improvements on the following streets in the downtown area are a Project under the Plan: I. Main Street 2. Burnham Street 3. Commercial Street 4. Ash Avenue 5. Scoffins Road 6. Center Street City of Tigard I I December 6, 2005 CITY CENTER URBAN RENF. WAL PLAN 21 .rho rA, c ~flr.. 3 ~ e x 8. Streetscape Improvement. Projects i 1. Main Street 2. Burnham Street` 3. Commercial Street y 4. Ash Avenue 5. Scoffins Road 6. Center Street Q_:. City Center UrbanRenewaJ.Pfan ~a Propascu tkbnn RanmNnl Area trap i S. BRA 'rc Tigard OR Irma center <as WatelvXry Vlp SYimcy.~ c nitreaa streefscape improvement Projects ® luxury pack ' city Nag RolOOOU Figure 3: Urban Renewal Streetscape Improvement Projects City of Tigard 12 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN C. Bike/Pedestrian Facilities Bike/Pedestrian Facilities are designed to facilitate safe and convenient multimodal access throughout the Urban Renewal Area. 1. Commuter Rail Access The provision of pedestrian access to the proposed downtown Tigard commuter rail station from Burnham Street is a project under the Plan. 2. Hall Blvd. This project will increase pedestrian access and safety by eliminating gaps in the sidewalk on the east side of Hall Boulevard and repairing sidewalks and curbs on both sides of Hall Boulevard as needed. 3. Scoffins Street The installation of bicycle lanes and sidewalks on Scoffins Street, which currently lacks pedestrian and bicycle facilities, is a project under the Plan. 4. Tigard Street This project will provide a new bike lane on the south side of Tigard Street and upgrade the existing bike lane on the north side to standard. 5. Highway 99W The installation of contiguous sidewalks on both sides of Highway 99W and a grade-separated bicycle/pedestrian crossing at Greenburg Road to increase pedestrian and bicycle safety is a project under the Plan. 6. Center Street The provision of sidewalks and bicycle lanes on Center Street is a project under the Plan. 7. Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue The design and construction of an enhanced pedestrian bridge over Fanno Creek, connecting to Ash Avenue, is a project under the Plan. This project will facilitate access between residential neighborhoods west of Fanno Creek and downtown and will be designed to minimize impacts to sensitive areas and preserve wetlands buffers. 8. Conversion of Existing North Rail Corridor into a Multi-use Pedestrian Trail The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. This project will increase pedestrian access and provide new recreational opportunities for residents, workers and visitors to downtown. Key components of the project may include bio-swales, native vegetation, pervious pavement and low impact stormwater conveyance/treatment features that will distinguish downtown Tigard from other communities by promoting sustainable development. City of Tigard 13 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN 9. Tigard Street/Grant Bicycle/Pedestrian Crossing The design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks is a project under the Plan. The crossing will facilitate circulation and access to downtown by non-motorized vehicles. Automobiles and other motorized vehicles will be prohibited. eo JC / AN~ O ?v ;t Q~~ , ~ , ;5 • . C. Bicycle and Pedestrian Projecfa 1. Commuter Rall Access 2. Moll Blvd Pedestrian improvements 3. ScoHins St. Me I Ped improvements a. Center St. Bike ! Ped improvements - ti4 5. Pedestrian Bridge Over Fanno Creek 6. North Rtal Corridor Pedestrian Trop? 7. Tigard 1 Grant Ped Crossing € Q! ' ; CilYCentmUibar+Renewatt+fan iutweawwmaou r..rw <xt,~ G S--RA n,rtparcL OR ,ymb w r m~w corua O A:orcy I aau Bicycle and Pedeshtan hoJech @T taxoty raa M.. arr um h.Rc~rorrl Figure 4: Urban Renewal Bicycle/Pedestrian Projects City of Tigard 14 December 6, 2005 0 0 CITY CENTER URBAN RENEWAL PLAN D. Parks 1. Fanno Creek Park Improvements Upgrades and improvements to Fanno Creek Park, as well as the preservation and restoration of environmentally sensitive areas, is a project under the Plan. 2. Skateboard Park The construction of a new skateboard park is a project under the Plan. The proposed location of the skateboard park is the City Hall parking lot. . l~ f 0. Park Improvements i t. fonno Creek Park Improvements 2. Skateboard Park p Otrn° ~ CHyCenref&W"RenOWOJPbn A 7 4 OR Prorw~aei atxn, Rowavt9 va, t,au S.IRA ro x. , ® Tnadf Cmdw a wt to rv{ ;42mcy (jx~Brma ParkImPwvomeab Ilf uam,v °'i "t ~E Ciq twr ^.Ranartf Figure 5: Urban Renewal Parks Projects City of Tigard 15 December 6, 2005 f CITY CENTER URBAN RENEWAL PLAN E. Public Spaces 1. Green Corridor/Urban Creek The development of a green corridor/urban creek that will extend from the intersection of Highway 99W and Hall Boulevard through downtown and to Fanno Creek in a project under the Plan. Key components of the project may include bio-swales, native vegetation, pervious pavement and other low impact stormwater conveyance/treatment features. 2. Plazas The design and construction of public plazas that will serve as public gathering spaces is a project under the Plan. This project will encourage a broader range of active and passive recreational uses in downtown and attract more residents and visitors to the area. 3. Urban Green Spaces The development of high quality urban green spaces suitable for a range of recreational uses is a project under the Plan. Similar to the plazas project, this project will increase the overall livability and attraction of the downtown area. The urban green space will be designed to promote the preservation and restoration of environmentally sensitive areas. 4. Public Market The design and development of a public market in the proposed public use area near Fanno Creek is a project under the Plan. City of Tigard 16 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN j 4 D Mfr J 217 ` l r t` CO YIN OO E. Public Space Improvements 1. Green Corridor! Urban Creek ~ 2. Plazas (Exact Locations TBD) 3. Urban Green Spaces (Exact Locations TBD) 4. Public Market (Exact Location TBD) w ,rs sno City Center Urban Renewal Plan ~ r,wxxen rarxrn Rwwvxi asa trait Tigard, OR rj+R 7ina DJOw ®Larn71 Cankx ^!~-»woie~vrtry irrrry4a.Crrirteaa Public Space tm rovemeMs l t[txarv Park RaiMrxul ?OF city tial Figure 6: Urban Renewal Public Spaces Projects City of Tigard 17 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN F. Public Facilities The Plan includes the following public facilities. Prior to the expenditure of tax increment revenues for any of these projects, the Agency will be required to adopt a Minor Amendment to the Plan (as provided in Section XII) explaining how the facility serves or benefits the Area, and further stating the proportion of the benefits of these facilities that will accrue to the Area and finding that the amount of the expenditure is proportional to the amount of benefit to the Area. Design and development will be a part of all proposed public facilities projects identified in the Plan. 1. Performing Arts Center The design and construction of a performing arts center in downtown Tigard is a project under the Plan. This project, which is recommended in the Tigard Downtown Improvement Plan, will provide new entertainment and recreation opportunities that will attract residents and out-of-town visitors to downtown. 2. Public Parking Facilities The design and construction of new public parking facilities is a project under the Plan. As new shopping, recreational and entertainment uses, including the proposed performing arts center and public market, are established in the downtown area, new public parking facilities will be needed to accommodate the anticipated increase in parking demand. 3. Post Office Relocation The relocation of the existing downtown post office is a project under the Plan. 4. Public Market Area The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan. 5. Public Restrooms The provision of public restrooms in public gathering spaces is a project under the Plan. City of Tigard 18 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN w ~ 17 1,2 3 >t '5 F. Public. Facilities (Exact Locations T8D) e' 1. Performing Arts Center ' 2: Public Parking Facilities 3: Post Office Relocation' 4. Public Market Area ,zs ~o :xo = 5. Public Restrooms C+! , raer \ tnavr!k. ecxyxx+,gx City Center Urban Renewal Plan d3 Propasod UrYxv, Rcmc-wcd nraI irnu R~A tl'I:ua ffidsca Tigard. OR 17 Ttoruii conlef .u woterwc,y Patic ~`'~"t7 F tom" Public Facilities j titvary Rc ft ~tF G4r wo Figure 7: Urban Renewal Public Facilities Projects City of Tigard 19 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN G. Planning and Development Assistance Offering the following types of planning and development assistance to support the development, redevelopment and rehabilitation of private property in the Area is a project under the Plan. Detailed rules and regulations for the administration of financial and technical assistance programs will be established by the Agency after adoption of the Plan in order to ensure that urban renewal funds are used in compliance with the Plan and for the agreed upon Plan purposes. The adoption and amendment of such programs, rules and regulations would not be considered changes to the Plan. I. Rehabilitation/Redevelopment Grant/Loan Pro ram The Urban Renewal Plan authorizes loans and/or grants for property rehabilitation and redevelopment. Property to be improved may be residential or commercial. Loans may be at or below market rates, and assistance can include direct loans or guarantees of loans made by third parties. 2. New Development Grant/Loan Program In addition to providing rehabilitation and redevelopment assistance, the Urban Renewal Plan authorizes loans and/or grants for new development. Property to be improved may be residential or commercial. Loans may be at or below market rates, and assistance can include direct loans or guarantees of loans made by third parties. 3. Technical Assistance Program The Urban Renewal Plan authorizes technical assistance in the form of site studies, market studies, feasibility analyses, engineering and design and other activities directly related to development of property in the urban renewal area. Examples of such technical assistance may include structural analysis of downtown building to promote rehabilitation of underutilized buildings and relocation strategies for existing downtown businesses seeking to move to an alternative site within the urban renewal area. 4. Commercial Facade Improvement Loans To create a distinct identity for downtown Tigard that is visually appealing and unified, the Urban Renewal Plan authorizes fagade improvement loans for commercial development. Improvements will be used to enhance the architectural integrity and character of historic commercial buildings and storefronts in need of a "face lift." VI. RELATIONSHIP TO LOCAL OBJECTIVES The Plan addresses local planning and development objectives contained in the City's Comprehensive Plan, Development Code, Transportation System Plan, Park System Master Plan and the Tigard Downtown Improvement Plan. Adopted in 1982 and last revised in January 2005, the Comprehensive Plan identifies goals and policy objectives that will promote growth City of Tigard 20 December 6, 2005 0 , CITY CENTER URBAN RENEWAL PLAN that is both sustainable and supportive of the community's desire to maintain high livability standards. The City's Development Code is updated on an ongoing basis and the TSP was adopted in January 2002. The Park System Master Plan was adopted in July 1999. Under the guidance of local residents, business owners and other community stakeholders, the City has undertaken the development of .a long-range development plan for downtown Tigard. The Tigard Downtown Improvement Plan will provide a long range planning strategy for development in downtown Tigard. A. City of Tigard Community Development Code The City of Tigard Community Development Code establishes zoning districts, which govern allowed uses and contain development standards. The Area encompasses property within the City's commercial and industrial zoning districts. According to the City's Development Code, the purpose of commercial zoning districts is to provide a comprehensive range of commercial services - including retail and office uses - that are conveniently accessible to motorists, bicyclists and pedestrians and designed to minimize potential adverse impacts on surrounding residential neighborhoods. Further, in compliance with the City of Tigard Comprehensive Plan, the commercial zoning districts are intended to provide a wide range of employment opportunities and economic benefits for local residents. The purpose of Tigard's industrial zoning districts is to provide a broad range of industrial services and jobs within the City of Tigard that are conveniently accessible to local residents. A detailed description of commercial and industrial zoning districts within the Area and corresponding development standards are described in Section VII below. The Plan implements the public investments necessary to generate development that is consistent with Central Business District, General Commercial and Professional Commercial Districts as well as the R-4.5 Low-Density Residential District, R-12 Medium-Density Residential District and R-25 Medium High-Density District. Further, the Plan will help ensure that the Area develops efficiently, with high quality, attractive development that creates an identity and sense of place unique to downtown Tigard. B. Tigard Comprehensive Plan Goals and Policies The Tigard Comprehensive Plan identifies goals and policies that address the City of Tigard's long range planning and development objectives. Of particular relevance to the Plan are goals and policy directives contained in the Natural Features and Open Space, Economy, Housing, Transportation and Special Areas of Concern sections. Natural Features and Open Space The Comprehensive Plan identifies policies intended to preserve and enhance the City's natural areas, including wildlife habitat areas, wetlands sites and other environmentally sensitive areas. Further, natural features and open space policies call for the development of an adequate system of open space, recreation lands and facilities to maintain and City of Tigard 21 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN improve community livability and the preservation and enhancement of historically and culturally significant resources. Natural Areas policies supported by the Plan include: Policy 3.4.2 The City Shall: a. Protect fish and wildlife habitat along stream corridors by managing the riparian habitat and controlling erosion, and by requiring.that areas of standing trees and natural vegetatign along natural drainage courses and waterways be maintained to the maximum extent possible. Policy 3.5.1 The City shall encourage private enterprise and intergovernmental agreements which will provide for open space, recreation lands, facilities, and preserve natural, scenic and historic areas in a manner consistent with the availability of resources. Policy 3.5.3 The City has designated the 100-Year Floodplain of Fanno Creek, its tributaries, and the Tualatin River as Greenway, which will be the backbone of the open space system. Where Landfill and/or development are allowed within or adjacent to the 100-Year Floodplain, the City shall require the consideration of dedication of sufficient open land area for greenway adjoining and within the floodplain. Policy 3.5.4 The City shall provide an interconnected pedestrian/ bike path throughout the city. Policy 3.7.1 The City shall identify and promote the preservation and protection of historically and culturally significant structure, site, objects and districts within Tigard. The Plan identifies Parks, Public Spaces and Bicycle/Pedestrian Facilities projects, including but not limited to the Fanno Park Improvements, Urban Creek/Green Corridor and Urban Green Spaces projects, which will further the Comprehensive Plan's Natural Areas policy objectives. In addition to preserving and upgrading existing parks and natural areas such as Fanno Creek Park, the Plan will facilitate the creation of "green" amenities and pedestrian/bicycle facilities that will provide new active and passive City of Tigard 22 December 6, 2005 1 r , CITY CENTER URBAN RENEWAL PLAN recreational opportunities for residents, downtown workers and visitors and improve connectivity between downtown and adjacent neighborhoods. Economy The Comprehensive Plan identifies policies intended to diversify and improve Tigard's economic and employment base, including specific policies that address economic needs in the Central Business District. Economic policies supported by the Plan include: Policy 5.1 The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Policy 5.3 The City shall improve and enhance the portions of the central business district as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area. One of the Plan's stated goals is to "Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments." The Plan identifies intersection improvements, such as the Hall Blvd/99 W Intersection Improvements project, road widening and realignment projects and other street projects that will improve circulation and access in and around downtown. In addition, the Plan authorizes streetscape projects and pedestrian/bicycle improvements that will make downtown safer and more accessible to pedestrians and bicyclists by filling in gaps in the existing sidewalk system, providing new or upgraded bike lanes, and establishing new multiuse trails and pedestrian crossings. Finally, the Plan includes parks, public spaces and public facilities projects that will make downtown a more appealing place to do business and facilitate the transition of existing industrial and auto-oriented uses to locations outside of the Central Business District. Housing The Comprehensive Plan identifies the provision of high quality housing of varying densities, types and affordability levels as a critical long range planning goal. Tax increment revenues generated under the Plan may be used to fund development and technical assistance programs that will facilitate residential development that meets the diverse housing needs of Tigard's citizens, as prescribed below: City of Tigard 23 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN Policy 6.1.1 The City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. In addition to financing the programs described in Section IV, the Plan includes public improvements projects that will make the Area a more attractive and viable location for new, high quality medium- and high-density residential development in downtown Tigard. Transportation The Comprehensive Plan identifies policies that are designed to provide safe and efficient multimodal circulation and access within downtown Tigard and between downtown and adjacent neighborhoods. Transportation policies supported by the Plan include: Policy 8. 1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities; and b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Policy 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use; b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility; c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the Bicycle Master Plan. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway; d. Construction of sidewalks on all streets within Tigard. All schools, parks, public facilities and retail areas shall strive to have direct access to a sidewalk. e. Development of bicycle an pedestrian plans which link to recreational trails; City of Tigard 24 December 6, 2005 1 CITY CENTER URBAN RENEWAL PLAN f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections; and h. Tigard will support the development of a commuter rail system as part of the regional transit network. Policy 8.1.3 Strive to achieve a safe transportation system by the development of street standards, access management policies and speed controls when constructing streets, and by making street maintenance a priority and through a comprehensive program of engineering, education and enforcement. b. Design safe and secure pedestrian and bikeways between parks and other activity centers in Tigard. Policy 8.1.5 Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel by: a. The design and construction of transportation facilities to meet the requirements of the Americans with Disabilities Act; and b. The development of neighborhood and local connections to provide adequate circulation in and out of the neighborhoods. Polices The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Policy 8.3.1 The City shall coordinate with Tri-met to provide for a public transit system within the planning area which: a. Meets the needs of both the current and projected, for the Tigard community; b. Addresses the special needs of a transit dependent population; c. Reduces pollution and traffic; and d. Reduces energy consumption. Policy 8.3.2 The City shall encourage the expansion and use of public transit by: City of Tigard 25 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN a. Locating land intensive uses in close proximity to transitways; and c. Supporting efforts by Tri-met and other groups to provide for the needs of the transportation disadvantaged. Policy 8.5.1 The City shall locate bicycle/pedestrian corridors in a manner which provides for pedestrian and bicycle users, safe and convenient movement in all parts of the City, by developing the pathway system shown on the adopted Pedestrian/Bikeway Plan. In conjunction with proposed street improvements, the Plan provides for new bike lanes and sidewalks as well as upgrades to inadequate bicycle and pedestrian facilities. These projects will increase multimodal access and circulation throughout the Area. Further, to improve neighborhood livability and create a visually appealing streetscape environment that draws residents and visitors to downtown and promotes more active commercial, recreation and entertainment uses, landscape improvements, street trees, street furniture and other streetscape improvements are identified as key components of the Plan. Special Areas of Concern The Comprehensive Plan identifies downtown Tigard and the Central Business District as a Special Area of Concern. Existing uses include a mix of older, substandard commercial and residential development, and industrial buildings that do not conform to the Comprehensive Plan's long term vision for downtown Tigard. To make downtown a more attractive destination for shopping, dining and a variety of entertainment and recreational activities, the Plan includes transportation, streetscape, public facilities and public spaces projects designed to create a visually distinct, unified character. The Plan also supports development and technical assistance programs designed to help local business and property owners rehabilitate and upgrade substandard buildings and create new quality development in downtown. The Plan supports the following Special Area of Concern policies: Policy 11. The redevelopment of downtown Tigard shall be accomplished in order to make it complementary to newer shopping areas. Convenience, appearance and the needs of the shopping public should be primary considerations. Policy 11.6.3 Require that all development permitted in Action Areas be designed to facilitate pedestrian movement within the center and to transit. City of Tigard 26 December 6, 2005 0 CITY CENTER URBAN RENEWAL PLAN Proposed pedestrian and bicycle improvements, such as the Commuter Rail Access and Tigard Street/Grant Pedestrian/Bicycle Crossing projects, will provide safe and convenient pedestrian access to local shops and transit. In addition, streetscape improvements along Main Street, Burnham Street, Commercial Street and other Area roadways will make downtown a more accommodating, pedestrian-oriented commercial district than it is today. Lastly, public facilities projects such as the Performing Arts Center and Public Market will generate support for new and existing businesses that provide entertainment and recreational options for downtown visitors. C. Transportation System Plan Goals and Policies Adopted in 2002, the TSP identifies goals and policy objectives intended to create a transportation system that enhances community livability and facilitates safe and convenient multimodal access to Tigard residents and visitors. The Plan's goals, objectives and transportation infrastructure projects directly address or correlate to planning needs identified in the TSP's goals and policies. Of particular relevance to the Plan are the following transportation system goals and policies, identified in Chapter 2 of the TSP: Goal 1: Livability Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard. Policy 2 - Encourage pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Goal 2: Balanced Transportation System Provide a balanced transportation system, incorporation all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) Policy 1 - Develop and implement public street standards that recognize the multi purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use. Policy 3 - Bicycle lanes must be constructed on all arterials and collectors within Tigard consistent with the Bicycle Master Plan (with construction or reconstruction projects). All schools, parks, public facilities and retail areas shall have direct access to a bikeway. Policy 4 - Sidewalks must be constructed on all streets within Tigard (with construction or reconstruction projects). All schools, parks, public facilities and retail areas shall have direct access to a sidewalk. City of Tigard 27 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN Policy 6 - Local streets shall be designed to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel. Provide connectivity to activity centers and destinations with a priorityfor bicycle and pedestrian connections. Policy 8 - Tigard will support the development of a commuter rail system as part of the regional transit network Goal 3: Safety Strive to achieve a safe transportation system by developing street standards, access management policies and speed controls when constructing streets, by making street maintenance a priority and through a comprehensive program of engineering, education and enforcement. Policy 3 - Safe and secure pedestrian and bikeways shall be designed between parks and other activity centers in Tigard. Goal 5: Accessibility Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel. Policy I - Design and construct transportation facilities to meet the requirements of the Americans with Disabilities Act. Policy 2 - Develop neighborhood and local connections to provide adequate circulation in and out of the neighborhoods. Goal 6: Goods Movement Provide for efficient movement of goods and services. Policy I - Design arterial routes, highway access and adjacent land uses in ways that facilitate the efficient movement of goods and services. The Plan includes streetscape improvements and bicycle/pedestrian system improvements designed to encourage alternative modes of transportation to the automobile. By filling gaps in the existing sidewalk system, installing new bike lanes and upgrading existing bikeways to standard, the Plan will help create a complete system of bicycle and pedestrian facilities that enables pedestrians and bicyclists to commute safely and efficiently to and within downtown. The Plan includes street improvements that will address motor vehicle needs in and around downtown Tigard. Projects such as the Scoffins Street/Hall Boulevard/Hunziker City of Tigard 28 December 6, 2005 • • CITY CENTER URBAN RENEWAL PLAN Realignment and Highway 99W intersection improvements will reduce congestion and improve circulation while creating a safer environment for drivers, pedestrians and bicyclists. D. City of Tigard Park System Master Plan The City of Tigard Park System Master Plan is guided by the following vision: "Through building connections, the City of Tigard will provide a park system that: • Contributes to overall community livabilityand pride; • Balances the impacts of growth and increasing density with parks and greenspaces; • Reduces auto-dependency and enhances recreation opportunities by connecting recreation resources, community destinations, and neighborhoods with trails and greenways; • Fosters stewardship of natural resources such as floodplains and waterways; • Provides equitable distribution of parks and recreation opportunities throughout the City; • Provides safe and well-maintained parks and recreation facilities; and • Provides for effective and economically sound management of public resources." Chapter Six Recommendations provides detailed recommendations for park facilities, maintenance, management, and recreation programs. Of particular relevance to the Plan are the following Parks recommendations: • "Renovate and expand existing parks to improve park condition, increase recreational opportunities, meet current safety requirements, and provide access for people with disabilities;" • "Provide an interconnected pedestrian and bicycle system that links Tigard's parks, greenspaces, neighborhoods, work places, schools, and commercial centers;" and • "Mitigate the effects of development by providing pocket parks/urban plazas in commercial areas." The Plan includes multiple projects that support the City's park system vision and recommendations. In particular, the Fanno Creek Park Improvements and Enhanced Pedestrian Bridge, Urban Creek/Green Corridor and Urban Green Spaces projects will upgrade and increase multimodal access to existing parks and open space areas and create new green space and recreational areas that will draw residents, shoppers and visitors to downtown Tigard. City of Tigard 29 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN E. Tigard Downtown Improvement Plan The Tigard Downtown Improvement plan is guided by four primary objectives: "First and foremost, the TDIP seeks to carry out the City Council's goal to revitalize Downtown Tigard. Second, the TDIP is a downtown "improvement" plan, one that builds upon the good "bones" of the current Downtown area, and that builds upon the sound foundation of community-based planning to serve as the "master conceptual plan" for the area. Third, an overarching objective of the Plan is to ensure that Downtown Tigard will serve the community's stated future needs for an active, mixed use "urban village". Finally, the TDIP must meet the objectives of the Metro Functional Plan for a Town Center, as that plan designates Tigard's downtown area as a Town Center." The Tigard Downtown Improvement Plan provides a vision, design guidelines and a series of catalyst projects that will foster development that is compatible with the "urban village" concept. The Plan supports projects and programs that will facilitate the implementation of the prescribed catalyst projects, many of which are included in the Urban Renewal Projects and Programs section. VII. PROPOSED LAND USES Land uses within the Area are governed by the City of Tigard Development Code. The Development Code establishes zoning districts that implement the Tigard Comprehensive Plan. The districts govern the allowed uses and contain development standards. Currently, land in the Area is within the Central Business District (CBD), General Commercial (C-G), Professional Commercial (C-P), R-4.5 Low-Density Residential (R-4.5), R-12 Medium- Density Residential (R-12) and R-25 Medium High-Density Residential (R-25) zoning districts. The purpose of the districts is described in the Development Code as follows: A. Central Business District "The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally." Most development in the CBD is not subject to minimum setbacks. However, 20 foot front, side and rear yard setbacks are required where a commercial use abuts a residential zoning district. A maximum site coverage of 85% and a minimum landscape requirement of 15% are required. With exception of buildings within 100 feet of any residential zoning districts, where a 40 foot height restriction applies, a maximum height of 80 feet is prescribed for development in the CBD zone. City of Tigard 30 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN B. General Commercial "The C-G zoning district is. designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally." Generally, development in the C-G zone is not subject to minimum setbacks. However, 20 foot side and rear yard setbacks are required where the zone abuts a residential zoning district. A maximum site coverage of 85%, minimum landscape requirement of 15% and maximum height limit of 45 feet are also prescribed. C. Professional Commercial "The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more- intensive commercial and industrial areas." With the exception of property abutting a residential zoning district, where 20 foot side and rear yard setbacks are required, minimum setbacks are not required in the C-P Zone. A maximum site coverage of 85%, minimum landscape requirement of 15% and maximum height limit of 45 feet are required of all development in the C-P zone. D. R-4.5 Low-Density Residential District "The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally." The minimum.lot size in the R-4.5 zone ranges from 7,500 square feet for detached housing units to 10,000 for duplexes. The average minimum lot width is 50 feet for detached unit lots and 90 feet for duplex lots. All residential development is subject to a maximum height of 30 feet and minimum setbacks of 20 feet (front yard), 5 feet (side yard) and 15 feet (rear yard). A minimum distance of 20 feet between a property line and City of Tigard 31 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN the front of a garage is also required. The R-4.5 zone does not impose a minimum landscape requirement or lot coverage standard. E. R-12 Medium-Density Residential District "The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally." Multiple-family dwelling units in the R-12 zone are subject to minimum front and rear yard setbacks of 20 feet and a minimum side yard setback of 10 feet. Single-family dwelling units are subject to minimum front and rear yard setbacks of 14 feet and a minimum side yard setback of 5 feet. For both multiple-family and single-family dwelling units, a 30 foot setback is required for a side or rear yard abutting a more restrictive zoning district. A maximum building height of 35 feet, maximum lot coverage of 80% and minimum landscape requirement of 20% are also specified. F. R-24 Medium High-Density Residential District "The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally." A minimum lot size of 3,050 square feet per unit lbr detached single-family dwelling units and 6,100 square feet or 3,050 square feet per unit for duplexes is required in the R- 25 zone. Multiple-family dwelling units are subject to minimum front and rear yard setbacks of 20 feet and a minimum side yard setback of 10 feet. Single-family dwelling units are subject to minimum front and rear yard setbacks of 14 feet and a minimum side yard setback of 5 feet. For both multiple-family and single-family dwelling units, a 30 foot setback is required for a side or rear yard abutting a more restrictive zoning district. A maximum building height of 45 feet, maximum lot coverage of 80% and minimum landscape requirement of 20% are also specified. VIII. PROPERTY ACQUISITION AND DISPOSITION The Plan authorizes the acquisition and disposition of property as described in this section. Property includes any and all interests in property, including fee simple ownership, lease, easements, licenses or other rights to use. A. Property Acquisition - From Willing Sellers The Plan authorizes the Agency acquisition of any interest in property within the Area, including fee simple interest, to support private redevelopment, only in those cases where the property owner wishes to convey such interests to the Agency. The Plan does not authorize use of the power of eminent domain to acquire property for private redevelopment. City of Tigard 32 December 6, 2005 0 CITY CENTER URBAN RENEWAL PLAN Property acquisition for those public improvements projects authorized in Section IV will be required. The Agency is not granted eminent domain authority under the Plan. Therefore, it the Agency cannot acquire the property needed for the described public improvements through negotiation and voluntary sale, the acquisition will be undertaken by the City of Tigard or other public entity under its independent eminent domain authority. Property acquisition from willing sellers may be required to support development of retail, office, housing and mixed use projects within the Area. B. Land Disposition The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VIII A. Property shall be conveyed at its fair reuse value. Fair reuse value is the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects limitations on use of the property to those purposes specified in the Plan, the value may be lower than the property's fair market value. Property disposition may be required to support development of retail, office, housing and mixed use projects within the Area. IX. RELOCATION METHODS As described in Section VIII, the Plan authorizes the acquisition of property by willing sellers only. Relocation benefits must be paid for any public acquisition, whether the acquisition is voluntary or involuntary. Therefore, before the Agency acquires any property, the Agency will adopt relocation regulations. X. TAX INCREMENT FINANCING OF PLAN Tax increment financing consists of using annual tax increment revenues collected by the Agency to make payments on debt incurred by the Agency, usually in the form of tax increment bonds. The proceeds of the bonds are used to pay for the urban renewal projects authorized in the Plan. Debt, including bonds, may be both long-term and short-term, and does not require voter approval. Tax increment revenues equal most of the annual property taxes imposed on the cumulative increase in the total assessed value within an urban renewal area over the total assessed value at the time an urban renewal plan is adopted. (Under current law, the property taxes for general obligation ("GO") bonds and local option levies approved after October 6, 2001 are not included in tax increment revenues.) City of Tigard 33 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN A. General Description of the Proposed Financing Methods The Plan will be financed using a combination of revenue sources. These include: • Tax increment revenues; • Advances, loans, grants and any other form of financial assistance from the Federal, State or local governments or other public body; • Loans, grants, dedications or other contributions from private developers and property owners; and • Any other source, public or private. Revenues obtained by the Agency will be used to pay or repay costs, expenses, advancements and indebtedness incurred in planning or undertaking project activities or otherwise exercising any of the powers granted by ORS Chapter 457 in connection with the implementation of this Plan. B. Tax Increment Financing and Maximum Indebtedness The Plan may be financed, in whole or in part, by tax increment revenues allocated to the Agency as provided in ORS Chapter 457. The ad valorem taxes, if any, levied by a taxing district in which all or a portion of the Area is located, shall be divided as provided in section Ic, Article IX of the Oregon Constitution, and ORS 457.440. Amounts collected pursuant to ORS 457.440 shall be deposited into the unsegregated tax collections account and distributed to the Commission based upon the distribution schedule established under ORS 311.390. The maximum amount of indebtedness that may be issued or incurred under the Plan, based upon good faith estimates of the scope and costs of projects in the Plan and the schedule for their completion is Twenty Two Million Dollars and No Cents ($22,000,000). This amount is the principal of such indebtedness and does not include interest or indebtedness incurred to refund or refinance existing indebtedness. C. Prior Indebtedness Any indebtedness permitted by law and incurred by the Agency or the City of Tigard in connection with the preparation of this Plan or prior planning efforts related to this Plan may be repaid from tax increment revenues from the Area when and if such funds are available. D. Impact of Tax Increment Financing on Public Schools This Plan has been adopted with consideration of information in the Report accompanying the Plan regarding the impact of tax increment financing on the K-12 Public School system. Under current law providing for substantial state funding of K-12 schools, the tax increment financing of this Plan has minimal impacts on the revenues received by the Tigard Tualatin School District. City of Tigard 34 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN XI. DURATION OF PLAN No new indebtedness to be repaid with tax increment revenues may be incurred after the twentieth anniversary of the effective date of the Plan. As is common practice in urban renewal plans in Oregon, tax increment revenues may continue to be collected beyond this date. Collection may continue until it is found that deposits in the Commission's debt service fund are sufficient to fully pay principal and interest on indebtedness issued during the twenty years following the effective date of the Plan, either through direct payment of the indebtedness or by payment of principal and interest on bonds or notes issued to finance the indebtedness. Tax increment revenues collected after the twentieth anniversary of the Plan may only be used to retire outstanding debt. The Plan will be effective on the date that the County certifies.the results of the election at which the Tigard voters approve the measure that referred an ordinance approving an urban renewal plan to the Tigard voters. XII. FUTURE AMENDMENTS TO PLAN The Charter of the City of Tigard (Section 47) requires that the City Council refer to Tigard voters the ordinance approving an urban renewal plan at a regular or special City election held in May or November. It further requires that amendments to an urban renewal plan that "would or could involve the levying of a tax on properties outside the urban renewal area to pay the debts or obligations to be incurred in carrying out the plan" must be similarly approved by Tigard voters (Section 48). Though the tax increment financing of the Plan does not involve levying of a tax, amendments that increase the maximum amount of indebtedness may increase the amount of tax increment revenues. For this reason, such amendment is classified as a Substantial Amendment Requiring Voter Approval, as discussed in this section. A. Substantial Amendments Amendments that increase the maximum indebtedness of the Plan and add land to the urban renewal area that totals more than 1% of the total plan area are classified as substantial amendments. 1. Substantial Amendments Requiring Voter Approval Substantial Amendments Requiring Voter Approval consist of increasing the maximum amount of indebtedness. Such amendments shall require City Council approval by non-emergency ordinance and an affirmative vote when referred to Tigard voters for approval. 2. Substantial Amendments Not Requiring Voter Approval Substantial Amendments Not Requiring Voter Approval consist of adding land to the urban renewal area that totals not more than 1% of the original plan area. Substantial amendments as described under Subsection XII A require the same notice, hearing and approval procedure required of the original urban renewal plan, including public involvement, consultation with taxing districts, presentation to the Planning City of Tigard 35 December 6, 2005 CITY CENTER URBAN RENEWAL PLAN Commission, special notice to City of Tigard households of a hearing by the City Council on the ordinance adopting the substantial amendment, and adoption of the amendment by non-emergency ordinance. B. Council Approved Amendments Council-Approved Amendments consist solely of the following amendments: • Material changes to the goals and objectives of the Plan. • Addition or expansion of a project that adds a cost in 2005 dollars of more than $500,000 and is materially different from projects previously authorized in the Plan. • Extending the duration of the Plan. Council-Approved amendments require both the approval by the Agency by resolution and approval of the City Council. The City Council may approve the amendment by resolution. C. Minor Amendments Minor Amendments are amendments that are neither Substantial Amendments nor Council-Approved amendments. Minor amendments require approval by the Agency by resolution. D. Amendments to the City of Tigard Comprehensive Plan and/or Development Code Amendments to the City of Tigard Comprehensive Plan and/or Development Code that affect the Urban Renewal Plan and/or the Urban Renewal Area do not require separate approval by the Agency or City Council, but when such amendments are adopted, the Plan is deemed to have been revised to be consistent with such amendments. City of Tigard 36 December 6, 2005 Exhibit B REPORT ACCOMPANYING H CITY CENTER URBAN RENEWAL PLAN December 6, 2005 Tashman Johnson, LLC Cascade Economic Planning SERA Urban Land Economics Jeannette Launer, Attorney A4 CITY OF TIGARD LIST OF PARTICIPANTS City Center Advisory Commission Members Jim Andrews Carolyn Barkley Gretchen Buehner Alexander Craghead Suzanne Gallagher Alice Ellis Gaut Marland Henderson Ralph Hughes Lily Lilly Mike Marr Judy Munro Roger Potthoff Mike Stevenson Carl Switzer City of Tigard Staff James Hendryx, Community Development Director Tom Coffee, Interim Community Development Director Barbara Shields, Long Range Planning Manager Duane. Roberts, Associate Planner Consultants Jeffrey Tashman, Tashman Johnson LLC Tina Mosca, Cascade Economic Planning Matt Arnold, SERA Architects Nancy Guitteau, Urban Land Economics Jeannette Launer, Attorney TABLE OF CONTENTS 1. Introduction ....................................................................................................................................3 II. Existing Physical and Economic Conditions and Impact on Municipal Services .....................4 A. Physical Conditions ................................................................................................................4 B. Infrastructure 7 C. Social Conditions 8 D. Economic Conditions 10 E. Impact on Municipal Services 13 III. Reasons for Selection of Each Urban Renewal Area in the Plan .............................................14 IV. Compliance with Statutory Limits on Assessed Value and Size of Urban Renewal Area .....14 V. The Relationship between Urban Renewal Projects and the Existing Conditions in the Urban Renewal Area ....................................................................................................................15 A. Street Improvements 15 B. Streetscape Improvements 16 C. Bike/Pedestrian Facilities 17 D. Parks .....................................................................................................................................18 E. Public Spaces 19 F. Public Facilities ....................................................................................................................20 VI. The Estimated Total Cost of Each Project and the Sources of Moneys to Pay Such Costs... 22 VII. The Anticipated Completion Date for Each Project .................................................................29 VIII. The Estimated Amount of Tax Increment Revenues Required and the Anticipated Year in which Indebtedness will be Retired ............................................................................................29 IX. Financial Analysis of the Plan .....................................................................................................29 X. Impact of the Tax Increment Financing, Both Until and After the Indebtedness is Repaid, Upon All Entities Levying Taxes Upon Property in the Urban Renewal Area .......................30 XI. Relocation Methods ......................................................................................................................31 • i REPORT ON CITY CENTER URBAN RENEWAL PLAN I. INTRODUCTION The City Center Urban Renewal Report (the "Report") contains background information and project details for the City Center Urban Renewal Plan (the "Plan"). The Report is not a legal part of the Plan but is intended to provide public information that will guide the City Council and Tigard voters as part of their approval of the Plan. The Report provides the information required in ORS 457.085(3). The format of the Report is based on this statute. City of Tigard 3 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN II. EXISTING PHYSICAL AND ECONOMIC CONDITIONS AND IMPACT ON MUNICIPAL SERVICES This section of the Report describes existing conditions within the City Center Urban Renewal Area (the "Area"), documenting the occurrence of "blighted areas" as defined by ORS 457.010(1). A. Physical Conditions 1. Land Use and Zoning The Area contains approximately 193.71 acres and comprises 2.6% of the City's 7439.1 acres of total land area. It contains 193 individual properties, most of which are in the City's Central Business District (CBD) zoning district. The Area is served by two major transportation corridors, Highway 99W and Hall Boulevard, which provide access to downtown Tigard from surrounding commercial, industrial and residential neighborhoods. Two sets of railroad tracks, owned by Burlington Northern Sante Fe Railroad and operated by Portland and Western Railroad, Inc., extend through the heart of downtown Tigard and restrict access between the northern and southern portions of the CBD. Freight trains transporting industrial commodities such as forest products, manufactured industrial products, bulk feed and paper pass through the Area approximately eight times a day and create traffic congestion at rail crossings when switching occurs. Fanno Creek Park, which demarcates the southern edge of the Area's boundaries, is downtown's most significant natural resource and recreational amenity. The Plan includes projects that will strengthen linkages between downtown and Fanno Creek Park and expand the Park's role as a community gathering space and recreational destination. As described in further detail below, the age and physical condition of existing commercial development is mixed. Examples of newer or recently rehabilitated commercial development include the Crown Carpets building on the corner of Commercial Street and Main Street, the A-Boy Plumbing and Electric store on Main Street and the BMDA building, whose ground floor tenants include a Thai restaurant and a naturopathic pet clinic. However, the Area also features substandard development and underutilized commercial buildings. On Main Street, for example, a boarded up building adjacent to the bridge overlooking Fanno Creek lies vacant. Further, some of Main Street's historic buildings have been neglected, as evidenced by poorly maintained storefronts and facades. An analysis of property classification data from Washington County's 2004-05 Assessment and Taxation database was used to determine the land use designation of parcels in the Area. While the Area is City of Tigard 4 December 6, 2005 • REPORT ON CITY CENTER URBAN RENEWAL PLAN predominantly commercial, as illustrated in Table 1, "Land Use (2004- 05)," it features a mix of uses, including residential, multifamily, and exempt or partially exempt public uses. Table 1: Land Use 2004-05 Property Class Number of Acres" % of Total Parcels Improved Residential 23 5.52 3.8% Vacant Commercial 10 1.30 0.90 Improved Commercial 122 73.55 51.0% Improved State-Assessed Industrial 1 6.25 4.3% Vacant Multifamily 1 0.07 0.0% Improved Multifamily 10 8.64 6.0% Exempt Federal 2 2.32 1.6% Exempt State 1 3.29 2.3% Exempt City 14 33.68 23.4% Exempt Municipal Water District 2 4.17 2.9% Exempt Other Municipal Corporation 2 0.98 0.7% Exempt Fire District 1 1.48 1.0% Exempt Benevolent 2 1.31 0.9% Exempt Fraternal 2 1.58 1.1% TOTAL 193 144.14 100.0% TOTAL VACANT 18 12.46 8.6% TOTAL IMPROVED 175 131.68 91.4% Source: Washington County, OR 2004-05 Assessment and Taxation Database Note: Total acreage does not include an estimated 49.57 acres of ROW. Only 9% of the Area is vacant. Most of the undeveloped lands, including 4.17 acres of Water District property and 3.29 acres of Oregon Department of Transportation right-of-way, are under public ownership. Improved commercial uses constitute 51% (73.55 acres) of the Area's total acreage. Existing commercial development is concentrated on Main Street, Highway 99W and property abutting the intersection of Hall Boulevard/Highway 99W. A broad range of retail and commercial uses are represented. These include but are not limited to: restaurants, antique stores, furniture stores, paint supply stores and frame shops as well as a liquor store, athletic club, bike shop, carpet store and shoe repair shop. Professional and medical service providers, including dentists, realtors, attorneys and the Tigard Chamber of Commerce, are also active in the Area. While most downtown businesses are small and locally owned, national retailers and franchises such as Rite-Aid, Jo-Ann Fabrics, Napa Auto Parts and A-Boy Plumbing and Electric are also represented. City of Tigard 5 December 6, 2005 • REPORT ON CITY CENTER URBAN RENEWAL PLAN Some existing uses in the downtown area do not conform to the goals and objectives of the City's Comprehensive Plan and Development Code. In particular, automobile-oriented uses and manufacturing and industrial facilities do not support the City's goal to create a vibrant, pedestrian- friendly atmosphere downtown. These are examples of Area businesses that play a valuable role in the local economy but are not appropriate uses in the CBD. The presence of industrial and automobile-oriented uses in the heart of downtown underscores the current underutilization of the area and magnifies the need for public investments that will attract more suitable retail, residential and employment uses in the CBD. In addition to commercial uses, tax exempt uses or partially exempt uses totaling 48.81 acres or 33.9 % of the Area's total land area are also well represented. Most notably, the Area includes 33.68 acres of property under City ownership. While residential uses are present, they account for less than 10% of the Area's total acreage. Multifamily development and single family homes, predominantly from the 1940s and 1950s, constitute 6% and 3.8% of the Area's acreage respectively. Table 2, "Zoning Districts (2004-05)," shows the distribution of the Area's lands by zoning district. Table 2: Zoning Districts (2004-05) Zoning District % of Total Commercial Zoning Districts Central Business District 80.9% General Commercial 12.3% Professional Commercial 3.3% SUBTOTAL 964% Residential Zoning Districts R4.5 Low-Density Residential District 1.0% R-12 Mediun-Density Residential District 1.3% R-25 Medium High-Density Residential District 1.3% SUBTOTAL 3.6% TOTAL 100.0% Source: Washington County, OR 2004-05 Assessment and Taxation database Approximately 96% of the Area with is zoned commercial, with 80.9% of the Area's total acreage in the CBD zone, 12.3% in the General Commercial zone and 3.3% in the Professional Commercial zone. Less than 4% of the Area's acreage is within residential zoning districts that permit a broad range of housing types at varying densities. The residential City of Tigard 6 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN lands are concentrated in the southern and western portions of the Area, adjacent to Fanno Creek. B. Infrastructure I . Transportation and Streetscape As detailed in the Tigard Downtown Improvement Plan, poor linkages exist between downtown Tigard and surrounding commercial, residential and employment Areas. Weak connections, in particular a lack of pedestrian friendly Streetscape amenities, make it difficult to attract and sustain high quality retail, office and residential development, as specified in the Development Code. Long term needs for the Area include transportation improvements that will reduce traffic congestion, improve access to downtown, and create a safer and more welcoming environment for pedestrians, bicyclists and motorists. The City has established a preliminary list of priority transportation needs, which include: 1. Implement street improvements that will increase multimodal access and connectivity, reduce congestion at major intersections and increase safety for pedestrians, bicyclists and motor vehicles. 2. Provide bike lanes, sidewalks, and pedestrian-oriented streetscape improvements to increase multimodal circulation, safety, and connectivity and enhance the visual identity of downtown Tigard. 3. Develop pedestrian facilities that will improve pedestrian access to downtown from surrounding neighborhoods. 2. Parks The Plan identifies improvements to Fanno Creek Park, the Area's most significant natural resource, as a priority project. As the Area redevelops, the Park's role as a community gathering space and recreational activity center will expand. For this reason, maintaining and upgrading park facilities and protecting sensitive areas from the impacts of development and increased usage patterns will be critical. In addition to Fanno Creek Park improvements, the Plan recommends the development of a new skateboard park. 3. Public Spaces As detailed in the Tigard Downtown Improvement Plan, the Area's public space environment is inadequate. Developing public spaces at key City of Tigard 7 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN locations throughout the Area will strengthen linkages between downtown and Fanno Creek Park, the Area's existing "green" amenity, and reinforce downtown's identity as a unique shopping, entertainment, civic and recreational destination. The Plan has identified public spaces needs for the Area, which include: • a green corridor/urban creek that connects to other public spaces in the area and serves as an anchor for new development; • public plazas that serve as community gathering spaces; • urban green spaces that beautify the Area and provide opportunities for active and passive recreational activities; and • a public market near Fanno Creek. C. Social Conditions To analyze social conditions within the Area, a summary of demographic data and trends from the 1990 and 2000 U.S Census is included in this section. Census block group data was used to examine the Area's population and housing characteristics. The selected block groups encompass but do not correspond directly with the Area and the analysis is intended to provide a general description of the Area. Analysis of the Area in 1990 and 2000 is based on the following Census Tracts and Block Groups in Washington County, Oregon: Census Tract 307 - BG 1, 2 Census Tract 308.01 - BG 1 Census Tract 309 - BG 1 1. Population and Housing According to the Bureau of Census, in 2000 the total population of the Area was reported at 3,311 persons, up 8.3% from 3,056 persons in 1990. In 2000, 1,413 households with an average household size of 2.34 were reported for the Area. As presented in Table 3, "Change in Occupancy Status (1990 to 2000)," the Area experienced a net increase of 239 housing units (19.1%) between 1990 and 2000. Corresponding with the increase in total housing units, occupied housing units in the Area increased by 17% between 1990 and 2000. While growth in owner-occupied units was modest at 6.7% (43 units), renter-occupied households increased by 28.4% (162 units). The overall share of owner-occupied units in the Area decreased slightly from 52.8% in 1990 to 48.2% in 2000, a net loss of 4.6%. The decline in owner households may be attributed to the limited availability of ownership housing that is both affordable and attractive to buyers. It also suggests City of Tigard 8 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN that prospective homebuyers do not view downtown Tigard as a desirable place to live. Table 3: Change in Occu anc Status 1990 to 2000 1990 2000 Change % Change Total housing units 1,252 1,491 239 19.1% Occupied units 1,208 1,413 205 17.0% owners 638 681 43 6.7% renters 570 732 162 28.4% Vacant units 44 78 34 77.3% % Owner occupied 52.8 48.2 4.6 N/A Renter occupied 47.2. 51.8 4.6 N/A Source: 1990 and 2000 Census, SF 1 - 100 Percent Data As illustrated in Table 4, "Race Characteristics (2000)," while the Area's population is largely white, non-white residents represent a significant share of the population at 14.5%. Among non-whites who affiliated themselves with a single race, Asians showed the highest representation at 4.4%. In 2000, 3.5% of the Area's total population (487 persons) claimed two or more races. Table 4: Race Characteristics 2000 Race Area Total % of Area Total Total: 3,311 100.0% Population of one race: 3,196 96.5% White alone 2,830 85.5% Black or African American alone 22 0.7% American Indian and Alaska Native alone 26 0.8% Asian alone 147 4.4% Native Hawaiian and Other Pacific Islander alone 34 1.0% Some other race alone 137 4.1% Two or more races: 115 3.5% Total non-white: 481 14.5% Source: 2000 Census, SF 1 - 100 Percent Data In 1990, an estimated 93 persons or 3.0% of the Area's total population reported Hispanic or Latino origin. By 2000, as shown in Table 5 "Hispanic or Latino Population (2000)," the Hispanic or Latino population had risen to 403 persons or 12.2% of the Area's total population. Between 1990 and 2000, with the addition of 310 persons of Hispanic or Latino origin, the Area's Hispanic or Latino population more than tripled. City of Tigard 9 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 5: Hispanic or Latino Population (2000) Hispanic or Latino Area Total % of Area Total Total Population: 3,311 100.0% Not Hispanic or Latino 2,908 87.8% Hispanic or Latino 403 12.2% Source: 2000 Census, SF 1 - 100 Percent Data D. Economic Conditions 1. Taxable Value of Property Within the Area State law limits the percentage of a municipality's total assessed value and area that can be contained in an urban renewal area at the time of its establishment to 25% for municipalities under 50,000 in population. The estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties, is $59,854,340 or 1.47% of the City of Tigard's total assessed value. The estimated total acreage of the Area, including 49.57 acres of ROW, is 193.71 acres or 2.6% of the City's total land area. Accordingly, the Area is well within the 25% assessed value and area limits. 2. Building to Land Value Ratio An analysis of property values can be used to assess the economic condition of real estate investments in a designated area. The relationship of a property's improvement value (the value of buildings and other improvements to the property) to its land value is generally an accurate indicator of the condition of real estate investments. This relationship is referred to as the "Improvement to Land Ratio" or "LL". The values used are real market values. In urban renewal areas, the LL may be used to measure the intensity of development or the extent to which an area has achieved its development priorities. LL ratios for healthy properties in downtown Tigard could range between 7.0 -10.0 or more. For instance, a property on a 15,000 square foot lot would have a land value of $150,000, at $10.00 per square foot. A two- story commercial property containing 20,000 square feet valued at $60.00 per square foot would have an improvement value of $1,200,000. The LL ratio for this property would be 8.0. Table 6, "Improvement to Land Ratios (2004-05)," shows the average improvement to land ratios for properties within the study area, sorted by property class. City of Tigard 10 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN As highlighted in the Physical Conditions section, the Area consists primarily of commercial lands within Tigard.'s Central Business District (CBD) and General Commercial (CG) zone. At 1.34, the average LL for commercial uses within the Area is very low, an indication that commercial properties are significantly underdeveloped. One of the stated economic policies of the Tigard Comprehensive Plan is, "to improve and enhance portions of the central business district as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area." The Plan supports projects that will enhance the Area's capacity to retain existing businesses and attract new employers, residents and visitors to the Area, thereby improving economic stability and job growth within the CBD. Table 6: Improvement to Land Ratios (2004-05) Use Average I:L Average LL All Parcels Improved Parcels Only Residential 0.67 0.86 Commercial 1.34 1.43 State-Assessed Industrial 0.00 0.00 Multifamily Residential 2.53 2.79 Exempt or Partially Exempt 0.20 0.73 Source: Washington County, OR 2004-05 Assessment and Taxation database The average LL of each of uses represented in the Area is low, falling at or below 2.79. This is clearly evidenced by the Area's inadequate streetscape, substandard housing development, underutilized commercial lands, and the lack of public spaces and public facilities. 3. Income and Poverty As a group, Area residents are less well offthax the citywide population. The Area's median household income was estimated at $38,100 in 2000, 26% lower than the City's median household income of $51,581. Table 7, "Poverty Status in 1999 by Age," shows the population breakdown by persons living below and at or above the federal poverty level. City of Tigard 11 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 7: Poverty Status in 1999 b Age Poverty Data Area Total % of Area Total Total Persons" 3,705 100.0% Income in 1999 Below Poverty Level: 314 8.5% Under 18 years 95 2.6% 18 years and over 219 5.9% Income in 1999 at or Above Poverty Level: 3,391 91.5% Under 18 years 446 12.0% 18 years and over 2,945 79.5% Source: 2000 Census, SF 3 - Sample Data Population for whom Poverty Status is Determined An estimated 8.5% of the Area's population was living below the poverty level in 1999. The Plan supports transportation and streetscape projects and programs that will improve the physical appearance of downtown Tigard and increase access and connectivity throughout the Area. These improvements will make downtown an attractive location for high quality retail, commercial and office development, which will create new employment and economic opportunities for local residents. 4. Employment Employment data from the 2000 Census is used to analyze the employment status of residents in the Area. Given that state and national unemployment rates increased during the economic downtown and the Portland regional economy has not yet fully recovered, it is likely that current unemployment within the Area is higher and the labor force participation rate is lower than in 2000. As shown in Table 8, "Employment Status, Persons 16 years and over, City Center URA (2000)," the percentage of Area residents 16 and over in the labor force was 65.5% in 2000. While only 2.6% of the labor force was unemployed, the Area's labor force participation rate was 6% lower than the citywide rate, reported at 72.2% in 2000. This suggests that downtown Tigard may have a significant population of persons who, due to age or disability, are unable to work. City of Tigard 12 December 6, 2005 • REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 8: Employment Status, Persons 16 years and over City Center URA 2000 Employment Status Area Total % of Area Total Persons, 16 ears and over 3,224 100.0% In labor force: 2,112 65.5% Armed forces 0 0.0% Civilian labor force 2,112 65.5% Employed 2,029 62.9% Unemployed 83 2.6% Not in labor force: 1,112 34.5% Source: 2000 Census, SF 3 - Sample Data E. Impact on Municipal Services The fiscal impact of tax increment financing on taxing districts that levy taxes within the Area ("affected taxing districts") is described in section X of this Report. This subsection discusses the fiscal impacts resulting from potential increases in demand for municipal services. Increases in commercial and residential occupancies within the Area will generally result in higher demand for fire, life safety and public safety services. However, older buildings not currently meeting building and fire codes will be brought into code compliance, reducing the demand from those buildings. Similarly, street improvements identified in the Plan will make downtown safer and more accessible to fire and emergency services vehicles. New landscaping features and public spaces improvements within the Area will increase the need for maintenance. However, sidewalk improvements will reduce the need for repairs of existing sidewalks. Population growth resulting from new residential development within the Area will increase the demand for municipal and social services. City of Tigard 13 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN III. REASONS FOR SELECTION OF EACH URBAN RENEWAL AREA IN THE PLAN There is one urban renewal area in the Plan and it was selected to improve and prevent the future occurrence of blighted areas as defined in ORS 457.010(1). IV. COMPLIANCE WITH STATUTORY LIMITS ON ASSESSED VALUE AND SIZE OF URBAN RENEWAL AREA As noted above, the estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties, is $59,854,340 or 1.47% of the City of Tigard's total assessed value. The estimated total acreage of the Area, including 49.57 acres of ROW, is 193.71 acres or 2.6% of the City's total land area. Accordingly, the Area is well within the 25% assessed value and area limit contained in Chapter 457 of Oregon Revised Statutes. City of Tigard 14 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN V. THE RELATIONSHIP BETWEEN URBAN RENEWAL PROJECTS AND THE EXISTING CONDITIONS IN THE URBAN RENEWAL AREA This section describes the relationship between the urban renewal projects called for in the Plan and conditions generally described in Section II of this Report and more particularly described below. A. Street Improvements 1. Ash Avenue Extension, Scoffins to Burnham Including Railroad Crossing The extension of Ash Avenue from Burnham Street to Commercial Street is a project under the Plan. Relationship to Existing Conditions Under existing conditions, Ash Avenue is an incomplete roadway that extends from Scoffins Road to Commercial Street and picks back up at Burnham Street, on the south side of the rail corridor. Filling in the "gap" in the roadway will increase access and connectivity within the CBD. The provision of a new railroad crossing is necessary to ensure pedestrian, bicycle and motor vehicle safety. 2. Scoffins Street/Hall Boulevard/Hunziker Road Re-Ali nment This project will realign the Scoffins Street/Hall Boulevard/Hunziker Road intersection. Relationship to Existing Conditions Located on the eastern edge of the Area, this three-way intersection provides access to downtown from Highway 99W and residential neighborhoods east of Hall Boulevard and south of downtown. Currently, Scoffins Street and Hunziker Road are poorly aligned, which increases traffic congestion and compromises the safety of pedestrians, bicyclists and motorists crossing over, or turning on or off, Hall Boulevard. Improving the alignment of the intersection will reduce congestion and increase multimodal safety. 3. Hall Blvd/Hi hway 99W Intersection Improvements Improvements to the intersection of Hall Boulevard and Highway 99W are a project under the Plan. Relationship to Existing Conditions This project will improve multimodal circulation and safety and reduce congestion at the intersection of Hall Boulevard and Highway 99W, a major intersection that serves as the primary entryway to downtown. City of Tigard 15 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN 4. Greenburg Road/Highway 99W Intersection Improvements Improvements to the intersection of Greenburg Road and Highway 99W are a project under the Plan. Relationship to Existing Conditions Under current conditions, traffic congestion at the intersection of Greenburg Road and Highway 99W hampers multimodal circulation and safety in Downtown Tigard and impedes access to the Area. This project will promote safe and convenient. access to downtown Tigard and improve the flow of traffic throughout the Area. 5. Burnham Street Improvements The reconstruction and widening of Burnham Street is a project under the Plan. Relationship to Existing Conditions As noted in Section II A, access throughout the Area is constrained by weak linkages and the lack of an adequate street system in the Central Business District. The reconstruction and widening of Burnham Street will increase multimodal access to underutilized commercial properties in the southeast portion of the Area, which are expected to redevelop to more intensive residential, office, civic and commercial uses under the Plan. 6. Center Street Improvements Upgrades and improvements to Center Street are a project under the Plan. Relationship to Existing Conditions As the Safeway property at the northwest corner of Hall Boulevard and Highway 99W redevelops, Center Street, which provides access to the property from Greenburg Road, will need to be improved to accommodate the anticipated increase in bicycle, pedestrian and motor vehicle traffic. B. Streetscape Improvements 1. Downtown Tigard Streetscape Improvements Streetscape improvements along Main Street, Burnham Street, Commercial Street, Ash Avenue, Scoffins Road and Center Street are a project under the Plan. City of Tigard 16 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Relationship to Existing Conditions The lack of adequate streetscape amenities and human-scale development in downtown Tigard makes it an unsafe and unwelcoming destination for pedestrians. Under current conditions, downtown lacks a distinct visual identity and character, which has made it difficult to attract active retail, civic and employment uses supported in the Comprehensive Plan. Installing streetscape furnishings, street trees and other landscape enhancements will beautify downtown and create a more business- friendly, pedestrian-oriented environment. C. Bike/Pedestrian Facilities 1. Commuter Rail Access The provision of a new pedestrian access way between Burnham Street and the proposed commuter rail station is a project under the Plan. Relationship to Existing Conditions Under current conditions, multimodal access within the Area is constrained by the rail corridor, which bisects the CBD. Pedestrians who want to cross between the north and south sides of the rail corridor currently have one option - Main Street. This project will provide an alternative and more direct access route for pedestrians wishing to access the proposed commuter rail station on Commercial Street. 2. Sidewalks and Bike Lanes The Plan recommends bicycle and pedestrian improvement projects that will provide sidewalks and bike lanes on Hall Boulevard, Scoffins Street, Tigard Street, Highway 99W and Center Street. Relationship to Existing Conditions The incomplete sidewalk system and lack of striped bike lanes in downtown Tigard impedes pedestrian and bicycle access and weakens public perception of downtown as a unified district. In conjunction with urban spaces and streetscape improvements, the proposed sidewalk and bike lane improvements will improve multimodal access to the Area and create an attractive and visually distinct streetscape environment in downtown Tigard. 3. Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue The design and construction of an enhanced pedestrian bridge over Fanno Creek is a project under the Plan. The bridge will connect to Ash Avenue, which does not currently extend over the Creek. City of Tigard 17 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Relationship to Existing Conditions One of the stated goals of the Plan is to, "Capitalize on Commuter Rail and Fanno Creek as catalysts for future investment and development." This project will enhance connectivity between Downtown Tigard and residential neighborhoods to the south and west of Fanno Creek. 4. Conversion of Existing North Rail Corridor into a Multi-use Pedestrian Trail The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. Key components of the project may include bio-swales, native vegetation, pervious pavement and low impact stormwater conveyance/treatment features. Relationship to Existing Conditions This project will increase pedestrian access to downtown Tigard while providing new active and passive recreational opportunities for Area residents, workers and visitors. Consistent with goals of the Tigard Downtown Improvement Plan and the Comprehensive Plan, this project will be developed in an environmentally sensitive manner and will incorporate low impact, sustainable development techniques. 5. Tigard Street/Grant Bicycle/Pedestrian Crossing This project provides for the design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks. Relationship to Existing Conditions Currently, due to an insufficient number of railroad crossings, multimodal access to Downtown from surrounding neighborhoods is constrained. This project will provide safe and convenient access to non-motorized vehicles traveling to and from downtown from residential areas to the north and west. D. Parks 1. Fanno Creek Park Improvements Improvements to Fanno Creek Park, including the preservation and restoration of environmentally sensitive areas, are a project under the Plan. City of Tigard 18 December 6, 2005 • REPORT ON CITY CENTER URBAN RENEWAL PLAN Relationship to Existing Conditions As the Area redevelops and new housing, office, retail and commercial development locates downtown, it will be necessary to preserve the environmental integrity of existing parks and open space areas. Currently, Fanno Creek is the Area's most significant natural amenity. This project provides for improvements that will make Fanno Park a safer and more attractive recreational destination while protecting sensitive areas in the Fanno Creek Watershed. 2. Skateboard Park The design and construction of a new skateboard park is a project under the Plan. Relationship to Existing Conditions Similar to the Fanno Creek Park Improvements project and other public spaces proposed in the Plan, this project will expand the range of recreational opportunities in the Area and draw people of varying ages and interests to Downtown Tigard. E. Public Spaces 1. Green Corridor/Urban Creek The development of a green corridor/urban creek, which will extend from Fanno Creek to the northwest corner of the Central Business District, is a project under the Plan. Relationship to Existing Conditions As described in Section II B, downtown Tigard's inadequate streetscape environment limits its capacity to promote active retail, shopping and entertainment uses. The proposed Green Corridor/Urban Street project will serve as a catalyst for development and strengthen linkages between key downtown locations, including Fanno Creek Park, Main Street and the proposed Commuter Rail station. 2. Plazas and Urban Green Spaces The development of public plazas that will serve as public gathering spaces is a project under the Plan. Relationship to Existing Conditions Under existing conditions, the lack of public open space areas in downtown Tigard makes it an unattractive and unwelcoming pedestrian City of Tigard 19 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN environment. Developing public plazas and urban green spaces suitable for a broad range of recreational and civic uses will increase community livability in downtown Tigard and strengthen its identity as a pedestrian- friendly shopping, entertainment and recreational district. 3. Public Market The development of a public market in the proposed public use area near Fanno Creek is a project under the Plan. Relationship to Existing Conditions Developing a public market that will serve as a gathering space for community events and recreational activities will draw residents and out- of-town visitors to downtown Tigard. Area businesses will benefit directly from this project as individuals and families who visit the public market will also patronize restaurants, shops and other downtown venues. F. Public Facilities 1. Performing Arts Center The development of a performing arts center in downtown Tigard is a project under the Plan. Relationship to Existing Conditions Under existing conditions, artistic and cultural activities in the Area are very limited. The development of a new Performing Arts Center, which will serve as a community gathering place for the arts, will promote downtown Tigard's reputation as a center for entertainment and culture. Performing Arts Center patrons will shop at local businesses, dine at downtown restaurants and enjoy the various recreational and entertainment activities that the Area has to offer. 2. Public Parking Facilities The development of new public parking facilities in downtown Tigard is a project under the Plan. Relationship to Existing Conditions While the Area's supply of parking is adequate for the needs of existing businesses and residents, it is anticipated that the demand for public parking facilities will increase as the Area redevelops. Anticipated growth in housing and employment densities in downtown Tigard will increase the need for additional off-street parking. Developing public parking facilities at key locations throughout the Area, particularly in the CBD, City of Tigard 20 December 6, 2005 • 0 REPORT ON CITY CENTER URBAN RENEWAL PLAN will make downtown a convenient location for civic, retail and recreational activities. 3. Post Office Relocation The possible relocation of the existing downtown post office is a project under the Plan. Relationship to Existing Conditions The existing downtown post office may not be the optimal use for valuable commercial real estate in the heart of downtown Tigard. Although the post office generates a substantial level of traffic, it is not compatible with other desired commercial activities on Main Street. For this reason, the post office may be relocated to an alternative site in the Area. 4. Public Market Area The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan. Relationship to Existing Conditions The public market area will serve as a community gathering spot and will strengthen linkages between Fanno Creek Park, the CBD and adjacent residential neighborhoods. 5. Public Restrooms The provision of public restrooms in public gathering spaces is a project under the Plan. Relationship to Existing Conditions Concurrent with the development of public gathering spaces in the Area, such as the proposed Public Market near Fanno Creek, the provision of public restrooms will help make shopping, dining and usage of the Area's public facilities and recreational amenities a comfortable and convenient experience for the public. City of Tigard 21 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN VI. THE ESTIMATED TOTAL COST OF EACH PROJECT AND THE SOURCES OF MONEYS TO PAY SUCH COSTS Table 9 below shows the estimated total cost of each project and the estimated sources of funds to address such costs, with all figures in year of expenditure dollars (which take into account inflation). Table 10 provides a summary of total costs by project type over the duration of the Plan. City of Tigard 22 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 9: Revenues, Costs and Schedule for Urban Renewal Projects FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Revenues Beginning Balance 0 508,600 113,087 542,136 122,574 234,719 251,559 857,819 375,511 1,130,549 Debt Proceeds 0 830,136 0 1,028,100 160,173 1,350,895 292,173 1,702,449 426,475 Initial Funding from City of Tigard 900,000 0 Interest Earnings 0 7,629 14,148 8,132 17,260 5,923 24,037 17,250 31,169 23,355 Total Revenues 900,000 516,229 957,372 550,268 1,167,935 400,816 1,626,491 1,167,242 2,109,129 1,580,379 Adminstration Capital Projects 1 2 3 4 5 6 7 8 9 10 Street Improvements 144,200 148,526 152,982, 157,571 162,298 0 153,734 158,346 195,716 201,587 Streetsca a Improvements 144,200 148,526 152,982 157,571 162,298 0 153,734 158,346 195,716 201,587 Bike/Pedestrian Facilities 103,000 106,090 109,273 112,551 1152927 0 0 0 0 0 Parks 0 0 0 0 231,855 0 153,734 158,346 195,716 201,587 Public Spaces 0 0 0 0 115,927 59,703 76,867 792173 97,858 100,794 Public Facilities 0 0 0 0 115,927 59,703 76,867 79,173 97,858 100,794 Planning and Development Assistance 0 0 0 0 28,982 29,851 76,867 79,173 97,858 100,794 Property Acquisition - From Willing Sellers 0 0 0 0 0 0 76,867 79,173 97,858 100,794 Total Expenditures 391,400 403,142 415,236 427,693 933,216 149,257 768,671 791,731 978,580 1,007,937 City of Tigard 23 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 9: Revenues, Costs and Schedule for Urban Renewal Projects (Continued) FY Ending June 30 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Revenues Beginning Balance 572,442 1,472,179 687,766 1,326,142 656,140 1,318,372 659,175 1,947,822 935,995 1,956,173 Debt Proceeds 1,951,955 434,527 1,703,901 512,490 1,870,703 595,854 2,725,440 651,615 2,934,810 728,428 Initial Funding from City of Tigard Interest Eamin s 37,866 28,601 35,875 27,579 37,903 28,713 50,769 38,992 58,062 40,269 Total Revenues 2,562,263 1,935,307 2,427,542 1,866,212 2,564,746 1,942,940 3,435,384 2,638,428 3,928,868 2,724,870 • Adminstration Capital Projects 11 12 13 14 15 16 17 18 19 20 Street Improvements 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Streetsca a Improvements 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Bike/Pedestrian Facilities 0 0 0 0 0 0 0 0 0 0 Parks 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Public Spaces 121,120 124,754 110,140 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Public Facilities 124,754 110,140 0 0 0 0 0 0 0 Planning and Development Assistance 121,120, 124,754 110,140 121,007 124,637 256,753 297,513 340,487 394,539 451,528 Property Acquisition - From Willie Sellers 121,120 124,754 110,140 121,007 124,637 0 0 0 0 0 Total Expenditures 1,090,084 1,247,541 1,101,400 1,210,072 1,246,374 1,283,765 1,487,563 1,702,433 1,972,694 2,257,639 i City of Tigard 24 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 10: Summary of Total Costs by Project Type Total Expenditures Project Tye Through 2026 Street Improvements 4,419,098 Streetsca a Improvements 4,419,098 Bike/Pedestrian Facilities 546,841 Parks 3,885,376 Public Spaces 3,118,445 Public Facilities 765,216 Planning and Development Assistance 2,756,003 Property Acquisition - From Willing Sellers 956,351 Total Expenditures 20,866,429 • City of Tigard 25 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 11: Tax Increment Revenues, Debt Service and Debt Service Reserves FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 REVENUES Beginning Balance 0 40,827 79,535 196,425 286,223 299,301 453,184 444,189 679,289 626,781 Tax Increment Revenues 40,223 124,648 200,530 279,022 360,181 481,864 607,608 737,494 871,603 1,011,682 Interest 603 3,095 5,394 10,078 13,989 16,207 22,710 24,388 33,453 33,979 Total Revenues 40,827 168,570 285,459 485,525 660,393 797,372 1,083,501 1,206,070 1,584,345 1,672,441 Average Tax Increment Revenues 1,222,820 EXPENDITURES • Debt Service, Lon Term Bond 1 89,035 89,035 89,035 89,035 89,035 89,035 89,035 89,035 89,035 Bond 2 110,267 110,267 110,267 110,267 110,267 110,267 110,267 Bond 3 1441887, 144,887 144,887 144,887 144,887 Bond 4 182,593 182,593 182,593 Bond 5 195,849 Bond 6 Bond 7 Bond 8 Bond 9 Total Debt Service, Lon Term 0 89,035 89,035 199,301 199,301 344,189 344,189 526,781 526,781 722,630 Bond Reserve 0 89,035 89,035 199,301 199,301 344,189 344,189 526,781 526,781 722,630 Debt Service Short Term 0 161,791 -295,1241 1 430,782 127,182 Total Expenditures 0 178,069 178,069 398,603 560,393 688,3771 983,5011 1,053,562 1,484 345 1 572 441 City of Tigard 26 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 11: Tax Increment Revenues, Debt Service and Debt Service Reserves (Continued) FY Ending June 30 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 REVENUES Beginning Balance 822,630 822,630 980,138 980,138 1,148,672 1,148,672 1,311,417 1,311,417 1,467,162 1,467,162 Tax Increment Revenues 1,120,066 1,232,193 1,348,178 1,468,140 1,592,201 1,695,984 1,803,223 1,914,027 2,028,505 2,146,772 Interest 41,480 43,162 49,627 51,426 58,343 59,900 66,391 68,053 74,442 76,216 Total Revenues 1,984,176 2,097,985 2,377,943 2,499,705 2,799,216 2,904,555 3,181,031 3,293,497 3,570,110 3,690,151 Average Tax Increment Revenues EXPENDITURES • Debt Service, Lon Term Bond 1 89,035 89,035 89,035 89,035 89,035 Bond 2 110,267 110,267 110,267 110,267 110,267 110,267 110,267 Bond 3 144,887 144,887 144,887 144,887 144,887 144,887 144,887 144,887 144,887 Bond 4 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 Bond 5 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 Bond 6 157,508 157,508 157,508 157,508 157,508 157,508 157,508 157,508 157,508 Bond 7 168,533 168,533 168,533 168,533 168,533 168,533 168,533 Bond 8 251,780 251,780 251,780 251,780 251,780 Bond 9 266,012 266,012 266,012 Total Debt Service, Lon Term 722,630 880,138 880,138 1,048,672 1,048,672 1,211,417 1,211,417 1,367,162 1,367,162 1,222,275 Bond Reserve 722,630 880,138 880,138 1,048,672 1,048,672 1,211,417 1,211,417 1,367,162 1,367,162 1,222,275 Debt Service Short Term 438,916 237,709 517,667 302,361 601,873 381,721 658,197 459,173 735,786 11145,601 Total Expenditures 1,884,176 1,997,985 2,277,943 2,399,705 2,699,216 2,804,555 3,081,031 3,193,497 3,470,110 3,590,151 • City of Tigard 27 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 12: Projected Incremental Assessed Value and Tax Rates - FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Frozen Base 62,884,466 62 884,466 62,884,466 62,884,466 62,884,466 62 884,466 62,884,466 62,884,466 62,884,466 62 884,466 62,884,466 Prior Year Total 62,884,466 66,304,704 73,483,446 79,935,766 86,609,983 93,511,005 103,857,879 114 550,020 125,594 334 136,997,785 Appreciation % 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% Appreciation $ 1,572,112 1,657,618 1,837,086 1,998,394 2,165,250 2,337,775 2,596,447 2,863,751 3,139,858 3,424,945 Gross New Real Market Value 4,181,281 12,677,669 8,633,061 8,772,651 8,915,234 15,134,351 15,361,849 15,593,906 15,830,638 16,072,160 Net % of Gross 65% 65% 81% 82% 83% 84% 85% 86% 87% 88% Net Real Market Value 2,717,832 81240,485 61992779 7,193 573 7,399,644 12 712,855 13,057,571 13,410,759 13,772,655 14,143,501 Changed Property Ratio 68% 67% 66% 65% 64% 63% 62% 61% 60% 60% Assessed Value New Development 1,848 126 5,521 125 4615 234 4 675 823 4,735,772 8,009,098 8095694 8,180 563 8,263 593 8,486,101 • Total 62,884,466 66,304,704 73 483,446 79:935:766 86 609,983 93 511,005 103,857,879 114 550,020 125,594,334 136,997 785 148,908,830 Incremental Assesed Value 0 3,420,238, 10,598,980 17,051,301 23,725,517, 30,626,539 40,973,413 51,665,554 62,709 868 74 113,319 86,024,364 Consolidated Tax Rate 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 Tax Increment Revenues 40,630 125,907 202,556 281,840 363,819 486,731 613,745 744,943 880,407 1,021,901 FY Ending June 30 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Frozen Base 62,884,466 62 884,466 62884 ' 466 62,884,466 62,884,466 62,884,466 62 884,466 62,884,466 62 884,466 62,884,46 6 Prior Year Total 148,908,830 158,124,890 167,659 173 177,521,502 187,721,989 198,271,051 207,095 782 216,214,461 225 636,209 235,370 426 Appreciation % 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% Appreciation $ 3,722,721 3,953,122 4,191,479 4,438,038 4,693,050 4,956,776 5,177,395 5,405 362 51640,905 5,884,261 Gross New Real Market Value 10,287,151 10,451,613 10,619,567 10,791,104 10,966,316 7,243,360 7,380,682 7,521,324 7,665,378 7,812,938 Net % of Gross 89% 89% 89% 89% 89% 89% 89% 89% 89% 89% Net Real Market Value 9,155,565 9,301,936 9,451,415 9,604,082 9,760,021 6,446,590 6,568,807 6,693,979 6,822,187 6,953,514 Changed Property Ratio 60% 60% 60% 60% 60% 60% 60% 60% 600 60% Assessed Value, New Development 5,493,339 5,581,161 5,670,849 5,762,449 5,856,013 3,867 954 3,941 284 4,016,387 4,093 312 4,172 109 Total 158,124,890 167,659,173 177,521,502 187,721,989 198,271,051 207,095,782 216,214,461 225,636,209 235,370,426 245,426,796 Incremental Assesed Value 95,240,424 104,774,707 114,637 036 124,837,523 135 386,585 144,211,316 153,329,995 162,751,743 172,485,960 182,542,330 • Consolidated Tax Rate 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 Tax Increment Revenues 1,131,380 1,244,640 1,361,796 1,482,970 1,608,284 1,713,115 1,821,438 1,933,361 2,048,99551 7 City of Tigard 28 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN VII. THE ANTICIPATED COMPLETION DATE FOR EACH PROJECT Table 9 shows the anticipated completion dates of the urban renewal projects. VIII. THE ESTIMATED AMOUNT OF TAX INCREMENT REVENUES REQUIRED AND THE ANTICIPATED YEAR IN WHICH INDEBTEDNESS WILL BE RETIRED Table 11 shows the yearly tax increment revenues and their allocation to debt service and debt service reserve funds. It is anticipated that all debt will be retired by the end of FY 2027/2028. The estimated amount of tax increment revenues required to service debt is $39,142,083 (total tax increment revenues of $40,026,326 less $884,243 remaining after debt is retired; to be refunded to taxing districts). IX. FINANCIAL ANALYSIS OF THE PLAN The estimated tax increment revenues of $39,142,083 are based on projections of the assessed value of development within the Area. Table 12 (page 30) shows the projected incremental assessed value, projected tax rates that would produce tax increment revenues, and the annual tax increment revenues. These in turn provide the basis for the projections in Table 11. City of Tigard 29 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN X. IMPACT OF THE TAX INCREMENT FINANCING BOTH UNTIL AND AFTER THE INDEBTEDNESS IS REPAID, UPON ALL ENTITIES LEVYING TAXES UPON PROPERTY IN THE URBAN RENEWAL AREA The impact of tax increment financing on overlapping taxing districts consists primarily of the property tax revenues foregone on permanent rate levies as applied to the growth in assessed value in the Area without the Plan. Revenues on growth in assessed value that would not occur but for the Plan cannot be considered as foregone. It is reasonable to project that development within the Area without the Plan would take much longer to occur, would be less extensive and would have lower assessed values. Table 13 shows the property tax revenue foregone by overlapping taxing districts during the use of tax increment financing, in terms of average revenues foregone per year through FY 2027/2028 in current dollars. No impacts are shown for the K-12 School District or Educational Service District, because under the current K-12 and ESD financing system, property tax revenues foregone by the districts would be offset by additional revenues from the State School Fund. Table 13: Revenues Foregone Revenues Foregone Taxing District Through 2028 Average/Year Washington County Permanent 1,660,097 79,052 TVF&R 1,126,125 53,625 Port 51,758 2,465 Metro 71,324 3,396 City of Tigard 1,855,537 88,359 ESD - NW Regional 113,558 5,408 PCC 208,804 9,943 City of Tigard 30 December 6, 2005 REPORT ON CITY CENTER URBAN RENEWAL PLAN Table 14 shows the increase in permanent rate levy revenues that would occur in the years after termination of the tax increment financing, from FY 2029 through FY 2037, when the projected additional value in the Area would result in a "break even" point. During FY 2036/2037, the value in current dollars of the revenues foregone would be exceeded by the value in current dollars of the additional revenues gained. Table 14: Revenues Gained After Termination of Tax Increment Financing FY 2029 through FY 2037 Taxing District Through 2037 Washington County Permanent 1,677,514 TVF&R 19137,940 Port 52,301 Metro 72,073 City of Tigard 1,875,004 ESD - NW Regional 114,749 PCC 210,995 XI. RELOCATION METHODS The Plan authorizes the acquisition of property by willing sellers only. Relocation benefits must be paid for any public acquisition, whether the acquisition is voluntary or involuntary. Therefore, before the Agency acquires any property, the Agency will adopt relocation regulations. City of Tigard 31 December 6, 2005 EXHIBIT C FINDINGS AND DETERMINATIONS REGARDING ADOPTION OF CITY CENTER URBAN RENEWAL PLAN 1. The area subject to the City Center Urban Renewal Plan is blighted in that it is underdeveloped and lacks the mix of high quality commercial, office, residential and public uses suitable for the City's central business district, as described in Section II of the Report Accompanying the City Center Urban Renewal Plan. 2. The rehabilitation and redevelopment is necessary to protect the public health, safety and welfare of the City. The health and welfare of a city depend on the vitality of the city's central business district. Without an urban renewal plan, the conditions described in Section II of the Report of arisen. The rehabilitation and redevelopment resulting from the Plan will revitalize the central business district. (See Sections III and V of the Report.) 3. The urban renewal plan conforms to the City's Comprehensive Plan and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes. Compliance with Comprehensive Plan provisions is demonstrated in Section VI of the Plan and in Section IV of the Staff Report to the Council. The Plan explicitly provides an outline in Section III. 4. The Agency will comply with all applicable federal and state statutes and regulations regarding relocation whenever it acquires property in furtherance of the Plan. To the extent that voluntary property transfers to the City occur in connection with development of any of the projects in the Plan, the Agency shall arrange for or assist in housing of displaced persons within their financial means to the extent required by applicable statute or regulation. Any such relocation, except in the relocation of elderly or disabled individuals, shall be made without displacing on priority lists persons already waiting for existing federally subsidized housing. (See Plan Section IX.) 5. The Plan does not call for condemnation of real property. Any acquisition of the property under the plan would be voluntary. Any acquisition of property for Plan projects would be necessary to implement the Plan. (See Section VIII of the Plan.) 6. Adoption and carrying out of the urban renewal plan is economically sound and feasible. (See Sections VI, VIII, IX and X of the Report). EXHIBIT_L y ti g. ~~nIKT RT TD G€II11iG~'3L 5 4Y. pp; '.s a <.'f11f OFnGARD~i N FOR THE CIS OFGA, flGON.q rt'~ r 3 SECTION IV. APPLICABLE CRITERIA AND FINDINGS Applicable standards.for adoption of urban renewal plans are found in ORS Chapter 457. Those standards require conformance with the Comprehensive Plan. Some may argue that the adoption of an urban renewal plan is a post-acknowledgment plan amendment subject to the statewide land use planning goals. This narrative discusses the statewide land use planning goals and sets out the applicable statutory and comprehensive plan standards and responses to the standards. Not all Comprehensive Plan provisions are .directly applicable to an urban renewal plan, and this narrative addresses only directly applicable provisions. The Plan is not inconsistent with any provision of the Comprehensive Plan. Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: GOAL 1: CITIZEN INVOLVEMENT To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to citizen involvement in the planning process, so the City will remain in compliance with the statewide land use planning goals. There has been citizen involvement in the process for adopting the urban renewal plan. The City Center Advisory Commission (CCAC) is a body that provides citizen input into the process. The CCAC is independent of the Council and of staff. The CCAC took the lead in guiding the MIS 2005-00017 PAGE 1 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL development of the Plan, and it acted through a process that involved several meetings, all of which were open to the public. The Plan, before adoption, will be reviewed by the Planning Commission after a public hearing and by the City Council after another public hearing. The final decision-maker will be the Tigard electorate - the Plan will only take effect if approved by the City's voters. Citizens have had a right to participate throughout the process. The process has been in compliance with Goal 1. GOAL 2: LAND USE PLANNING To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to land use planning process or decision-making, so the City will remain in compliance with the statewide land use planning goals. The process being used in this matter involves public meetings by the CCAC, and public hearings by the Planning Commission and the Council, with the opportunity to present evidence in connection with each hearing. The process assures an adequate factual base for the decision. GOAL 3: AGRICULTURAL LANDS To preserve and maintain agricultural lands. Goal 3 does not apply because the area subject to the Plan does not include agricultural land. GOAL 4: FOREST LANDS To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Goal 4 does not apply because the area subject to the Plan does not include forest lands. GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES To protect natural resources and conserve scenic and historic areas and open spaces. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to natural resources, scenic or historic areas or open space, so the City will remain in compliance with the statewide land use planning goals. Although there are Goal 5 resources within the Plan area, the regulations providing protection for the resource areas will remain in place and will be applicable to any redevelopment proposed 'by the Plan. Because those acknowledged regulations will remain applicable, the Plan will not result in any MIS 2005-00017 PAGE 2 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL development or other activity inconsistent with Goal 5. GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY To maintain and improve the quality of the air, water and land resources of the state. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to water and land resources quality, so the City will remain in compliance with the statewide land use planning goals. The Plan calls for some transportation improvements which should decrease traffic congestion, thereby reducing the time that vehicles are on the road emitting gases and particulates. This should improve air quality. The Plan proposes efficient use of land, consistent with Goal 6. Because all development authorized by the Plan will be required to comply with existing state and local regulations, the Plan will not adversely affect air, water or land resource quality and therefore will maintain air, water and land resource quality. An example is the proposed Ash Street extension, which by connecting two discontinuous sections of Ash, is designed to reduce the out-of-direction travel within the downtown area. GOAL 7: AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS To protect life and property from natural disasters and hazards. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to natural disasters or hazards, so the City will remain in compliance with the statewide land use planning goals. All development in the Plan area will be subject to existing acknowledged regulations regarding hazards (e.g. flood plain regulations, steep slope regulations), so any development will remain consistent with the goal. GOAL 8: RECREATIONAL NEEDS To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to recreation facilities, so the City will remain in compliance with the statewide land use planning goals. The Plan increases the opportunities for recreation by promoting additional walking trails and proposes additional pocket parks. It also proposes development of a public plaza bordering the Fanno Creek greenway for picnics and entertainment. The plan thereby proposes increased recreational opportunities in the downtown area, consistent with Goal 8. The destination resort provisions of Goal 8 are not applicable because the Plan does not include a destination resort and the area does not meet the standards for destination resorts. MIS 2005-00017 PAGE 3 OF 16 11=05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL GOAL 9: ECONOMIC DEVELOPMENT To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to economic development, so the City will, remain in compliance with the statewide land use planning goals. The Plan is drafted to assist economic improvement of the area by proposing improved public facilities, including improved transportation facilities, to facilitate economic development and by providing a financing plan intended to stimulate economic development. The Plan also provides for other means of stimulating more productive development. The Plan furthers Goal 9 by providing expanding opportunities for commercial development. GOAL 10: HOUSING To provide for the housing needs of citizens of the state. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to housing, so the City will remain in compliance with the statewide land use planning goals. The Plan does not change any zoning, so existing housing opportunities remain. The Plan provides for. public facilities that are intended to allow housing development and redevelopment, consistent with Goal 10. The Plan does not call for the removal of any existing housing. The Plan is consistent with Goal 10. GOAL 11: PUBLIC FACILITIES AND SERVICES To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to public facilities, so the City will remain in compliance with the statewide land use planning goals. The Plan calls for improved public facilities in the Plan area to be developed in accordance with the Plan, which provides for timely, orderly and efficient improvements in public facilities. The Plan is consistent with Goal 11. GOAL 12: TRANSPORTATION To provide and encourage a safe, convenient and economic transportation system. The City's Comprehensive Plan .and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the - Plan will not amend any MIS 2005-00017 PAGE 4 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL comprehensive plan or CDC comprehensive plan or code provisions relating to transportation, so the City will remain in compliance with the statewide land use planning goals. The Plan proposes access and circulation improvements within the downtown area.. The Plan is consistent with Goal 12. GOAL 13: ENERGY CONSERVATION To conserve energy. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The. adoption of the Plan will not amend any comprehensive plan or code provisions relating to energy conservation, so the City will remain in compliance with the statewide land use planning goals. The Plan promotes energy conservation by planning for an improved bicycle .and pedestrian system, which should reduce the use of motor vehicles. It also proposes street improvements. A properly functioning street transportation system conserves energy by reducing travel time. The Plan is consistent with Goal 13. GOAL 14: URBANIZATION To provide for an orderly and efficient transition from rural to urban land use. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or code provisions relating to energy urbanization, so the City will remain in compliance with the statewide land use planning goals. This area is already part of the city, so Goal 14 does not apply. GOALS 15, 16, 17, 18, 19 - WILLAMETTE RIVER GREENWAY, ESTUARINE RESOURCES, COASTAL SHORELANDS, BEACHES AND DUNES, OCEAN RESOURCES The Plan area is not adjacent to the Willamette River, is not in an estuary, coastal shoreland, beach and dune, or ocean area. Goals 15 through 19 therefore do not apply. ORS CHAPTER 457 457.095 Approval of plan by ordinance; required contents of ordinance; notice. The governing body of the municipality, upon receipt of a proposed urban renewal plan and report from the municipality's urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ordinance which shall incorporate the plan by reference. Notice of adoption of the ordinance approving the urban renewal plan, and the provisions of ORS 457.135, shall be published by the governing body of the municipality in accordance with ORS 457.115 no later than four days following the ordinance adoption. The ordinance shall include determinations and findings.by the governing body that: MIS 2005-00017 PAGE 5 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL Y The City is starting the process that will lead to a planning commission recommendation to tli'e Council and a decision by the Council whether to refer the matter to the voters. If the Council approves the plan, it will act by nonemergency ordinance and will refer the matter to the electorate. The City plans to comply with the notice and publication requirement of ORS 457.095, 457.115 and 457.135. An ordinance will be prepared with findings and determinations similar to those set forth below.. (1) Each urban renewal area is blighted; The area covered-by the urban renewal plan suffers from infrastructure problems- The area's buildings are aging, and some of them are unused or in disrepair. The area has been adversely affected by Highway 99 and other traffic problems. It has been severely affected by relocation of commercial businesses away from the area, which is the City's downtown core. Rather than being a vibrant growing downtown, the area is a declining area of marginal businesses. The area is blighted. (2) The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; The welfare ofa city depends on its downtown. A city without a functional downtown area is likely to economically decline or lose cohesion as a city, which are not consistent with the welfare of the city. Rehabilitation and redevelopment of the downtown area is necessary to protect the identity and welfare of Tigard. Furthermore, rehabilitation and redevelopment will involve transportation improvements, making necessary changes to protect public safety. Rehabilitation and redevelopment of Tigard's downtown is necessary to protect the safety and welfare of the City of Tigard. (3) The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes. Compliance with the City's comprehensive plan is detailed below. The Plan provides an outline for accomplishing the urban renewal projects. The Plan also includes a companion Report Accompanying the Draft City Center Urban Renewal Plan that provides background information and project details for the Plan. The Report includes estimated revenue, cost, and schedule data related to the accomplishment the Plan's projects. (4) Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the . relocation of elderly or disabled individuals, without displacing on priority . lists persons already waiting for existing federally subsidized housing; The Plan does not propose to displace any persons. However, some possibility exists that redevelopment consistent with the plan will result in some displacement of persons. The Plan provides that relocation assistance will be provided as required. The Plan is consistent with this requirement. (5) If acquisition of real property is provided for, that it is necessary; MIS 2005-00017 PAGE 6 OF 16 1 W2t05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL • The Plan does not propose the acquisition of real property. However, there is some possibility that real property will be acquired consistent with the plan in order to develop the projects called for by the Plan. Any such acquisition will be necessary to develop those Plan projects. (6) Adoption and carrying out of the urban renewal plan is economically sound and feasible; and The urban renewal plan provides for tax increment financing and for borrowing of up to $22 million. The projects proposed in the Plan can be economically developed and paid for through the tax- increment and other financing. As demonstrated in the Report the Plan is economically sound and feasible. (7) The. municipality shall assume and complete any activities prescribed it by the urban renewal plan. The City intends to complete all activities proposed for it in the Plan and it is feasible for the City to do so. APPLICABLE COMPREHENSIVE PLAN PROVISIONS The following addresses only those Comprehensive Plan policies applicable to adoption of an urban renewal plan. Any Comprehensive Plan policy not addressed is not relevant. 2.1.1 THE CITY SHALL MAINTAIN AN ONGOING CITIZEN INVOLVEMENT PROGRAM AND SHALL ASSURE THAT CITIZENS WILL, BE PROVIDED AN OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. The City has used a citizen involvement program that has included the Tigard Downtown Task Force, which was instrumental in starting the process to lead to urban.renewal, and the City Center Advisory Commission, which has developed the Plan. Both of these groups are comprised of people who are not elected officials and not staff members. The City has assured an opportunity for citizen involvement through the use of the Task Force and Advisory Commission. Each group has held public meetings to get input from other citizens. The City has provided notice of the meetings and publicized the opportunity for input. The City has held open houses to provide information and seek feedback. As the process continues, the City will hold duly noticed Planning Commission and City Council public hearings to get additional citizen input. 2.1.2 THE OPPORTUNITIES FOR CITIZEN INVOLVEMENT PROVIDED BY THE CITY SHALL BE APPROPRIATE TO THE SCALE OF THE PLANNING EFFORT AND SHALL INVOLVE A BROAD CROSS-SECTION OF THE COMMUNITY: a. THE CITIZEN INVOLVEMENT TEAMS SHALL BE THE PRIMARY MEANS FOR CARRYING OUT THE PROGRAM; b. WHERE APPROPRIATE, OTHER INVOLVEMENT TECHNIQUES WILL BE USED; AND MIS 2005-00017 PAGE 7 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL 4 c. THE CITIZEN INVOLVEMENT TEAM FACILITATORS SHALL SERVE AS THE COMMITTEE FOR CITIZEN INVOLVEMENT AND SHALL BE RESPONSIBLE FOR EVALUATING THE CITIZEN INVOLVEMENT PROGRAM AND FOR WORKING WITH THE NEIGHBORHOOD PLANNING ORGANIZATIONS IN RECOMMENDING CHANGES IN THE PROGRAM. Given the unique nature of an urban renewal plan, the City, consistent with Policy 2.1.2.b, created a unique citizen involvement effort specifically designed to maximize citizen involvement. The City Center Advisory Commission, which is comprised of persons who are not elected officials or staff members, has had the lead role in directing development of the Plan. The Tigard Downtown Task Force has also been involved. Both entities have held public meeting and received public input. 2.13 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING ISSUES IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITIZENS. The Plan has been developed in a readable format with understandable language. The Plan as it developed has been available for review by the public. Once the Plan is proposed by the City Center Development Agency, it will be available on the City's website for public review prior to the Planning Commission and City Council hearings. 3.1.1- Floodplains Policy 3.1.1 protects floodplains. The Plan does not propose to change the City's existing floodplain standards, which are consistent with Policy 3.1.1. Any project called for by the plan will comply with the City's standards implementing Policy 3.1.1. Policies 3.2.1 through 3.2.5 - Natural Resources These policies restrict development in floodplains and wetlands areas. The Plan does not proposed to change the City's existing standards, which are consistent with these policies. All projects proposed in the plan will comply with the City's regulations protecting floodplains and wetlands. Policies 3.4.1- 3.4.2 - Natural Areas These policies protect natural resources, including wetlands and fish and wildlife habitat. The Plan does not proposed to change the City's existing standards, which are consistent with these policies. All projects proposed in the plan will comply with the City's regulations protecting wetlands and fish and wildlife habitat. 3.5.3 THE CITY HAS DESIGNATED THE 100-YEAR FLOODPLAIN OF FANNO CREEK, ITS TRIBUTARIES, AND THE TUALATIN RIVER AS GREENWAY, WHICH WILL BE THE BACKBONE OF THE OPEN SPACE SYSTEM. WHERE LANDFILL AND/OR DEVELOPMENT ARE ALLOWED WITHIN OR ADJACENT TO THE 100-YEAR FLOODPLAIN, THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF SUFFICIENT OPEN LAND AREA FOR GREENWAY ADJOINING AND WITHIN THE FLOODPLAIN. MIS 2005-00017 PAGE 8 OF 16 11!22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL • The Plan proposes open space use of areas adjacent to Fanno Creek, consistent with Policy 3.5.3. 3.5.4 THE CITY SHALL PROVIDE AN INTERCONNECTED PEDESTRIAN/ BIKEPATH THROUGHOUT THE CITY. The Plan proposes improvements in- pedestrian and bicycle facilities in the Plan area, including the Fanno Creek trail, consistent with Policy 3.5.4. 3.7.1 THE CITY SHALL IDENTIFY AND PROMOTE THE PRESERVATION AND PROTECTION OF HISTORICALLY AND CULTURALLY SIGNIFICANT STRUCTURE, SITE, OBJECTS AND DISTRICTS WITHIN TIGARD. The historic resources within the Plan area are not proposed to be altered. 4.1.1 THE CITY SHALL: a. MAINTAIN AND IMPROVE THE QUALITY OF TIGARD•S AIR QUALITY AND COORDINATE WITH OTHER JURISDICTIONS AND AGENCIES TO REDUCE AIR POLLUTIONS WITHIN THE PORTLAND-VANCOUVER AIR QUALITY MAINTENANCE AREA. (AQMA). b. WHERE APPLICABLE, REQUIRE A STATEMENT FROM THE APPROPRIATE AGENCY, THAT ALL APPLICABLE STANDARDS CAN BE MET, PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL. c. APPLY THE MEASURES DESCRIBED IN THE DEQ HANDBOOK FOR "ENVIRONMENTAL QUALITY ELEMENTS OF OREGON LOCAL COMPREHENSIVE LAND USE PLANS" TO LAND USE DECISIONS HAVING THE POTENTIAL TO AFFECT AIR QUALITY. The Plan proposes transportation improvements that are intended to improve the vehicular transportation system, resulting in decreased travel time and reduced emissions. The Plan also proposes improvements to the bicycle and pedestrian system, which will reduce vehicle trip, thereby reducing emissions. 5.1 THE CITY SHALL PROMOTE ACTIVITIES AIMED AT THE DIVERSIFICATION OF THE 'ECONOMIC OPPORTUNITIES AVAILABLE TO TIGARD RESIDENTS WITH PARTICULAR EMPHASIS PLACED ON THE GROWTH OF THE LOCAL JOB MARKET. The Plan is intended to provide improvement that will promote economic growth. Economic growth will result in expanded employment opportunities. 53 THE CITY SHALL IMPROVE AND ENHANCE THE PORTIONS OF THE CENTRAL BUSINESS DISTRICT AS THE FOCAL POINT FOR COMMERCIAL, HIGH DENSITY RESIDENTIAL, BUSINESS, CIVIC AND PROFESSIONAL ACTIVITY CREATING A DIVERSIFIED AND ECONOMICALLY VIABLE CORE AREA. MIS 2005-00017 PAGE 9 OF 16 11!22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL The Plan is a major portion of the City's efforts to improve and enhance the Central Business District. The projects proposed by the Plan will improve the central business district and enhance business, civic and professional opportunities. 5.4 THE CITY SHALL ENSURE THAT NEW COMMERCIAL AND INDUSTRIAL DEVELOPMENT SHALL NOT ENCROACH INTO RESIDENTIAL AREAS THAT HAVE NOT BEEN DESIGNATED FOR COMMERCIAL OR INDUSTRIAL USES. The plan does not propose commercial or industrial development in residential areas. 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: [EXCEPTIONS LISTED] The plan does not propose impermissible residential development in commercial and industrial zones. 5.6 THE CITY SHALL CONSIDER PRIVATE FINANCING BY PRIVATE DEVELOPERS IN COORDINATION WITH AVAILABLE BONDING METHODS TO PROVIDE •PUBLIC FACILITIES TO COMMERCIAL AND INDUSTRIAL LAND DESIGNATED ON THE COMPREHENSIVE PLAN MAP. The Plan does not prevent the consideration of private financing or bonding of public facilities in commercial and industrial areas. 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. The Plan proposes housing.of different densities and types. The Plan area is only a portion of the City, and not all types and levels of housing need to be contained in the Plan area, so long as the Plan area provides appropriate housing opportunities taking into account the size and location of the Plan area. The Plan provides for an appropriate diversity of housing densities and residential types. 7.1.1 THE CITY SHALL: c. PROVIDE URBAN SERVICES IN ACCORDANCE WITH THE COMPREHENSIVE PLAN TO THE EXTENT OF THE CITY'S FINANCIAL RESOURCES; f. ADOPT LOCATIONAL CRITERIA AS THE BASIS FOR MAKING DECISIONS ABOUT THE PROPER LOCATION FOR PUBLIC FACILITIES. The Plan proposed improved public facilities and provides additional resources for the provision of public facilities. The Plan provides guidance for appropriate location of additional public facilities. MIS 2005-00017 PAGE 10 OF 16 11/22!05 PUBLIC NEARING STAFF REPORT TO CITY COUNCIL 1 • ~ r 7.10.1 LOCAL GOVERNMENT ADMINISTRATION FACILITIES SHOULD REMAIN CENTRALIZED IN THE CENTRAL BUSINESS DISTRICT. The City's administration facilities remain in the Central Business District. 8.1.1 PLAN, DESIGN AND CONSTRUCT TRANSPORTATION FACILITIES IN A MANNER WHICH ENHANCES THE LIVABILITY OF TIGARD BY: a. PROPER LOCATION AND DESIGN OF TRANSPORTATION FACILITIES. The Plan provides for improved transportation facilities, with appropriate location and design.. b. ENCOURAGING PEDESTRIAN ACCESSIBILITY BY PROVIDING SAFE, SECURE AND DESIRABLE PEDESTRIAN ROUTES. The Plan provides for expanded pedestrian facilities. 8.1.2 PROVIDE A BALANCED TRANSPORTATION SYSTEM, INCORPORATING ALL MODES OF TRANSPORTATION (INCLUDING MOTOR VEHICLE, BICYCLE, PEDESTRIAN, TRANSIT AND OTHER MODES) BY: a. THE DEVELOPMENT OF AND IMPLEMENTATION OF PUBLIC STREET STANDARDS THAT RECOGNIZE THE MULTI-PURPOSE NATURE OF THE STREET RIGHT-OF-WAY FOR UTILITY, PEDESTRIAN, BICYCLE, TRANSIT, TRUCK AND AUTO USE. The transportation improvements called for in the Plan include streets that will serve as multi-purpose facilities, and also provide for additional bicycle and pedestrian facilities. c. CONSTRUCTION OF BICYCLE LANES ON ALL ARTERIALS AND COLLECTORS WITHIN TIGARD CONSISTENT WITH THE BICYCLE MASTER. ALL SCHOOLS, PARKS, PUBLIC FACILITIES AND RETAIL AREAS SHALL STRIVE TO HAVE DIRECT ACCESS TO A BIKEWAY. Any new arterials and collectors called for by the plan will be constructed with bicycle lanes, and additional bikeways are called for by the Plan. d. CONSTRUCTION OF SIDEWALKS ON ALL STREETS WITHIN TIGARD. ALL SCHOOLS, PARKS, PUBLIC FACILITIES AND RETAIL AREAS SHALL STRIVE TO HAVE DIRECT ACCESS TO A SIDEWALK. Any new streets proposed by the Plan will have sidewalks. The Plan proposed improved sidewalks in various locations. e. DEVELOPMENT . OF BICYCLE AND PEDESTRIAN PLANS WHICH LINK TO RECREATIONAL TRAILS. MIS 2005-00017 PAGE 11 OF 16 1122105 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL The Plan calls for additional bicycle and pedestrian trails, which link to parks and open spaces. L DESIGN LOCAL STREETS TO ENCOURAGE A REDUCTION IN TRIP LENGTH BY PROVIDING CONNECTIVITY AND LIMITING OUT-OF-DIRECTION TRAVEL AND PROVIDE CONNECTIVITY TO ACTIVITY CENTERS AND DESTINATIONS WITH A PRIORITY FOR BICYCLE AND PEDESTRIAN CONNECTIONS. The Plan calls for street improvements that will improve connectivity. h. TIGARD WILL SUPPORT THE DEVELOPMENT OF A COMMUTER RAIL SYSTEM AS PART OF THE REGIONAL TRANSIT NETWORK. The Plan anticipates that commuter rail will be- developed and proposes facilities intended to support development of commuter rail. 8.1.3 STRIVE TO ACHIEVE A SAFE TRANSPORTATION SYSTEM BY THE DEVELOPMENT OF STREET STANDARDS, ACCESS MANAGEMENT POLICIES AND SPEED CONTROLS WHEN CONSTRUCTING STREETS, AND BY MAKING STREET MAINTENANCE A PRIORITY AND THROUGH A COMPREHENSIVE PROGRAM OF ENGINEERING, EDUCATION AND ENFORCEMENT. a. DESIGN OF STREETS SHOULD RELATE TO THEIR INTENDED USE. The streets to be developed under the Plan will be designed in accordance with their intended use.' b. DESIGN SAFE AND SECURE PEDESTRIAN AND BIKEWAYS BETWEEN PARKS AND OTHER ACTIVITY CENTERS IN TIGARD. The Plan calls for additional pedestrian and bikeways that will link to parks and open spaces. c. DESIGNATE SAFE AND SECURE ROUTES TO SCHOOLS FOR EACH SCHOOL. ANY NEW RESIDENTIAL PROJECT SHOULD IDENTIFY THE SAFE PATH TO SCHOOL FOR CHILDREN The Plan proposes improved pedestrian routes and provides safer pedestrian routes throughout the plan area. f. NEW ROADWAYS SHALL MEET APPROPRIATE LIGHTING STANDARDS. EXISTING ROADWAYS SHALL BE SYSTEMATICALLY RETROFITTED WITH ROADWAY LIGHTING. New streets proposed by the Plan will be built with appropriate lighting. 8.1.5 DEVELOP TRANSPORTATION FACILITIES WHICH ARE ACCESSIBLE TO ALL MEMBERS OF THE COMMUNITY AND MINIMIZE OUT OF DIRECTION TRAVEL BY: MIS 2005-00017 PAGE 12 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL • 0 a. THE DESIGN AND CONSTRUCTION OF TRANSPORTATION `FACILITIES TO MEET THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT. The Plan proposes transportation facilities that will be constructed to meet ADA standards. b. THE DEVELOPMENT OF NEIGHBORHOOD AND LOCAL CONNECTIONS TO PROVIDE ADEQUATE CIRCULATION IN AND OUT OF THE NEIGHBORHOODS. The transportation improvements called for by the Plan will improve circulation in the Plan area and between the downtown area and nearby neighborhoods. c. WORK WITH WASHINGTON COUNTY AND ODOT TO DEVELOP AN EFFICIENT ARTERIAL GRID SYSTEM THAT PROVIDES ACCESS WITHIN THE -CITY, AND SERVES THROUGH CITY TRAFFIC. The Plan proposes improvements to the arterial grid system. 8.1.6 PROVIDE FOR EFFICIENT MOVEMENT OF GOODS AND SERVICES THROUGH THE DESIGN OF ARTERIAL ROUTES, HIGHWAY ACCESS AND ADJACENT LAND USES IN WAYS THAT FACILITATE THE EFFICIENT MOVEMENT OF GOODS AND SERVICES AND THE SAFE ROUTING OF HAZARDOUS MATERIALS CONSISTENT WITH FEDERAL AND STATE GUIDELINES. The Plan proposes improvements to the transportation system. 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. The Plan proposes street improvements that will make the street system safer and more efficient and that are designed to cure existing deficiencies and provide capacity for existing needs and future growth. 83.2 THE CITY SHALL ENCOURAGE THE EXPANSION AND USE OF PUBLIC TRANSIT BY: a. LOCATING LAND INTENSIVE USES IN CLOSE PROXIMITY TO TRANSITWAYS; The Plan calls for more intense land uses in areas close to transitways. 8.5.1 THE CITY SHALL LOCATE BICYCLE/PEDESTRIAN CORRIDORS IN A MANNER WHICH PROVIDES FOR PEDESTRIAN AND BICYCLE USERS, SAFE AND CONVENIENT MOVEMENT IN ALL PARTS OF. THE CITY, BY DEVELOPING THE PATHWAY SYSTEM SHOWN ON THE ADOPTED PEDESTRIAN/BIKEWAY PLAN. MIS 2005-00017 PAGE 13 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL The Plan calls for additional bicycle and pedestrian facilities that will provide safe and- convenient bicycle and pedestrian transportation within the Plan area and linking the plan area with neighboring areas, consistent with the City's adopted plans. 9.1.2 THE CITY SHALL ESTABLISH A BALANCED AND EFFICIENT TRANSPORTATION SYSTEM WHICH COMPLEMENTS THE LAND USE PLAN AND IS DESIGNED TO MINIMIZE ENERGY IMPACTS. The Plan proposes improvements to the transportation system that will make it more efficient so that it will have reduced energy impacts. 9.1.3 THE CITY SHALL ENCOURAGE LAND USE DEVELOPMENT WHICH EMPHASIZES SOUND ENERGY CONSERVATION, DESIGN AND CONSTRUCTION. Development proposed by the Plan will be of modem. design and construction, providing for greater energy conservation. 11.1.1 THE REDEVELOPMENT OF DOWNTOWN TIGARD SHALL BE ACCOMPLISHED IN ORDER TO MAKE IT COMPLEMENTARY TO NEWER SHOPPING AREAS. CONVENIENCE, APPEARANCE AND THE NEEDS OF THE SHOPPING PUBLIC SHOULD BE PRIMARY CONSIDERATIONS. The Plan directly implements this policy by providing a plan for the redevelopment of downtown Tigard. The Plan gives primary consideration to public convenience, appearance of the downtown area, and the needs of the shopping public. 11.2.1 ASH AVENUE SHALL BE EXTENDED ACROSS FANNO CREEK, ENABLING ACCESS TO THE NEIGHBORHOODS AND COMMERCIAL AREA WITHOUT USING PACIFIC HIGHWAY. DESIGN FEATURES SHALL BE USED TO SLOW TRAFFIC AND MAKE THE STREET AS SAFE AS POSSIBLE. ASH AVENUE SHALL BE DESIGNATED AS A MINOR COLLECTOR IN CONFORMANCE WITH THE MASTER STREET PLAN. DESIGN FEATURES AND MITIGATION MEASURES SHALL HOLD TRAFFIC VOLUMES TO THE MIDDLE LIMITS OF A MINOR COLLECTOR. 11.2.2 IMPROVEMENTS TO S.W. ASH AVENUE FROM S.W. HILL TO FANNO CREEK SHALL BE CONSTRUCTED AS A CONDITION OF DEVELOPMENT OF ADJACENT PROPERTIES. [THE]' STREET IMPROVEMENTS ALONG WITH THE DEVELOPMENT OF A MAJOR COMMERCIAL SITE WILL INCREASE TRAFFIC ON ASH. A BARRICADE SHALL BE PLACED AT HILL STREET APPROXIMATELY AT THE END OF THE EXISTING PAVEMENT TO PROTECT [THE] NEIGHBORHOOD RESIDENTS FROM THE COMMERCIAL TRAFFIC. 11.23 METHODS OF MITIGATING THE TRAFFIC IMPACT ON THE NEIGHBORHOOD SHALL INCLUDE, IN THE FOLLOWING ORDER OF IMPROVEMENT, CONSTRUCTION: MIS 2005-00017 PAGE 14 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL a. IMPROVING S.W. MCDONALD STREET TO INTERIM MAINTENANCE STANDARDS TO ENCOURAGE TRAFFIC FROM SOUTH OF MCDONALD TO USE MCDONALD TO EXI EXIT TO HALL AND/OR PACIFIC HIGHWAY; b. IMPROVEMENTS TO THE RESIDENTIAL PORTION OF ASH FROM HILL TO FREWING. THESE IMPROVEMENTS COULD INCLUDE LIMITED PARKING, DELINEATION OF TRAFFIC LANES AND SIDEWALKS ON ONE OR BOTH SIDES OF THE STREET; c. EXTENSION OF S.W. HILL TO S.W. O'MARA AND/OR IMPROVEMENT OF S.W. ASH FROM FREWING TO GARRETT; d. EXTENSION OF S.W. O'MARA TO S.W. HILL PARALLEL TO S.W. ASH; e. REMOVAL OF THE BARRICADE IN PLACE ON ASH AVENUE AT S.W. HILL; E IMPROVEMENT OF S.W. O'MARA STREET TO INTERIM MAINTENANCE STANDARDS TO ENCOURAGE AN ALTERNATE ROUTE; g. INSTALLATION OF TRAFFIC INHIBITORS TO THE RESIDENTIAL PORTION OF ASH IF AND WHEN TRAFFIC VOLUMES EXCEED THE MIDDLE RANGE FOR A MINOR COLLECTOR. TRAFFIC INHIBITORS INCLUDE BUT ARE NOT LIMITED TO PLANTING ISLANDS, SPEED BUMPS, BUTTONS, TURNING RESTRICTIONS, LOAD LIMITS AND ENFORCEMENT. The list of urban renewal projects authorized by the Plan does not include the extension of Ash Street across Fanno Creek. No development of properties adjacent to Ash Avenue from SW Hill to Fanno Creek is proposed. The only creek-related projects under the plan include the design and construction of an Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue and upgrades and improvements to Fanno Creek Park. Therefore, these comprehensive plan provisions do not apply. 12.1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITIES IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE LOCATIONAL CRITERIA; AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. Any housing development proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 12.2.1 THE CITY SHALL: a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF USE, ITS SIZE AND REQUIRED TRADE AREA. b. APPLY ALL APPLICABLE PLAN POLICIES. MIS 20054=17 PAGE 15 OF 16 11122/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL c. APPLY THE APPROPRIATE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE OF THE PROJECT. The Plan proposes increased commercial development appropriate for- the locations proposed and consistent with applicable comprehensive plan policies. Any commercial development proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 12.4.1 THE CITY SHALL PROVIDE FOR THE LOCATION OF COMMUNITY FACILITIES IN A MANNER WHICH ACCORDS. WITH: a. THE APPLICABLE POLICIES IN THIS PLAN; b. THE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE AND STANDARDS OF THE USE. Community facilities called for by the Plan are consistent with applicable Comprehensive Plan policies and in appropriate locations, given the scale and types of uses. Any development of community facilities proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 12.5.1 THE CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE PURPOSE STATEMENTS; AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. The Plan anticipates mixed-use development. All development will continue to be subject to CDC regulations, which will assure compliance with this policy. CONCLUSION The Plan is consistent with all applicable statewide land use planning goals, meets the criteria of ORS 457.095, furthers key provisions of the comprehensive plan and is not inconsistent with any other provision of the Comprehensive Plan. MIS 2005-00017 PAGE 16 OF 16 1122/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL Agenda Item No. 3, / For Agenda of / / i o l cve CITAo~ k Y OF TIGARD OREGON Tigard City Council, City Center Development Agency Meeting Minutes Date: December 13, 2005 Time: 6:30 PM Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Absent: Agenda Item Discussion U Comments Action Items (follow up) Study Session Discuss the Right-of-Way Administrator Werner After discussion by the League of Oregon reviewed the request from the League of City Council on this Cities Request for Oregon Cities, which was outlined in her matter, there was general a Contribution for November 11, 2005, memorandum agreement by City Legal Fees distributed to the City Council. City Council members to make Manager Prosser noted that Qwest franchise the requested fees for the City of Tigard were contribution for $6,656. approximately $13,000 per year. Verizon A budget amendment will has continued to pay its Tigard franchise be prepared for Council fees (approximately $332,000 per year); consideration at a future however, Verizon representatives indicated City Council meeting they would no longer pay these fees if (Consent Agenda item). Qwest prevails in the litigation. Study Session Library Director Barnes reviewed the The proposed WCCLS Discuss Washington proposed WCCLS Agreement with the City IGA will be presented to County Council. The IGA language implements the Council for Cooperative Library moving away from the Cooperative Library consideration on Services (WCCLS) Advisory Board (CLAB) structure. With December 20, 2005. Intergovernmental this restructuring, the decision-making Agreement (IGA) authority will rest with the chief executive officers of each of the contracting Tigard City Council Meeting Minutes December 28, 2005 - Page 1 Agenda Item Discussion a Comments Action Items (follow up) Study Session cities/libraries. A new executive board will Discuss Washington make decisions with regard to funding County distribution. There was discussion on the Cooperative Library history of WCCLS and its relationship to the Services (WCCLS) County as it is outlined in the proposed intergovernmental agreement. The proposed agreement does Agreement (IGA) (Continued) not address funding inequities. There was discussion about alternatives to WCCLS membership; however, it was noted that city taxpayers would continue to pay taxes to fund WCCLS regardless of whether or not Tigard was a member. Executive Session EXECUTIVE SESSION: The Tigard City Staff received direction to Council went into Executive Session at 6:50 return to the City'Council p.m. to consult with legal counsel to consider an action item concerning exempt public records and as discussed during the current litigation under ORS Executive Session. 192.660(2)(0 and (h). Executive Session concluded at 7:12 p.m. Study Session 9 New Traffic Signal Ribbon Cutting at Councilor Sherwood will Continued - Wall Street - 12/141 10:30 a.m. attend this ceremony. Administrative Councilors Woodruff and Sherwood Items indicated they could attend. * Council Training with Joe Hertzberg - December 16, 12-6 p.m.; Councilor Woodruff's home. 0 2006 Congressional Cities Conference, All City Council members March 11-15. plan to attend. g Washington County Coordinating This item will be discussed Committee (WCCC) - Councilor further at the December Harding reported on a recent WCCC 20, 2005, City Council development with regard to meeting. transportation project funding. She reviewed a proposed project near Intel in Hillsboro and her concerns about lack of Tigard City Council Meeting Minutes December 28, 2005 - Page 2 Agenda Item Discussion & Comments Action Items (follow up) process for nominating projects. Study Session Continued - 0 Councilor Harding announced that the This item will be discussed Administrative Tualatin Basin Natural Resources further at the December Items Coordinating Committee (TBNRCC) 20, 2005, City Council would review projects funded by Metro meeting. for consistency with the Tualatin Basin Program and the Healthy Streams Plan and/or the Metro's Local Natural Areas Legacy Fund Guidelines and make suggestions. The TBNRCC's role would be advisory. • Recycling Award Presentation Information - Agenda Item No. 5 - Mayor Dirksen to present award after brief introduction by staff. 0 Council packet material for Agenda Item 3.6 was sent in the Friday newsletter of December 9. • Review Process for the continued hearing on the re-adoption of Ordinance No. 05- 17 and the proposed resolution for the ballot title. City Council received a copy of Ordinance 05-17 for re-adoption consideration. The Plan and Report were attached to the ordinance with the changes approved by Council on November 22, 2005, incorporated by the consultant. City Attorney Ramis reviewed that the City Council will consider a proposed ballot title during the Business Meeting. He recommended the City Council re- adopt Ordinance No. 05-17 to demonstrate that it had considered additional input, if any, from other taxing jurisdictions. In addition, the renewed Tigard City Council Meeting Minutes December 28, 2005 - Page 3 Agenda Item Discussion a Comments Action Items (follow up) Study Session adoption of the ordinance would give an Continued - opportunity to provide notice of Administrative adoption within four days as is required. Items 0 Review of King City/Tigard Memorandum of Understanding (Agenda Item No. 9). City Manager Prosser noted that the proposed MOU clarifies King City's new Urban Planning Area Boundary, which adds the northeast quadrant of the Beef Bend/Roy Rogers intersection to King City's current area of interest if that area is added to the Urban Growth Boundary. Kind City adopted the MOU at its December 7, 2005, City Council meeting. Study Session concluded at 7:30 p.m. Business Meeting 1.1 Mayor Dirksen called the City Council, City Center Development Agency, and the Local Contract Review Board to Order at 7:36 p.m. 1.2 Council Member/Agency Directors/ LCRB Members Present: Dirksen, Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications 8T Liaison Reports 1.5 Call to Council and Staff for Non- Agenda Items Councilor Harding announced that Duane Roberts, Associate Planner for the City of Tigard received an employee. service award from the Fanno Creek Medical Clinic in recognition of his Tigard City Council Meeting Minutes December 28, 2005 - Page 4 Agenda Item Discussion U Comments Action Items (follow up) Business Meeting efforts in obtaining more than $900,000 in grants for City projects, including grants for greenspaces. Z Councilor Harding reported on activities by the Tualatin Basin Natural Resources Coordinating Committee's (TBNRCC) activities regarding promoting tree planting. The goal was to plant over 7,000 trees within a year; that goal was reached in six months. In addition, Councilor Harding advised that TBNRCC would review projects funded by Metro for consistency with the Tualatin Basin Program and the Healthy Streams Plan and/or the Metro's Local Natural Areas Legacy Fund Guidelines and make suggestions. The TBNRCC's role would be advisory. Councilor Harding advised that the Washington County Coordinating Committee is gathering ideas about project funding. 2. Citizen Tigard High School Student Envoy Krista Communication Foltz presented a report to the City Council on Tigard High School Activities. A copy of her report is on file in the City Recorder's office. 3. Consent 3.1 Approve Council Minutes for Motion by Councilor Agenda November 8, 15, and 22, 2005 Sherwood, seconded by Councilor Harding, to 3.2 Approve City Center Development approved the Consent Agency Minutes for September 13, 20, Agenda. October 11, 18 and November 15, 2005 The motion was approved by a unanimous vote of Council present. Tigard City Council Meeting Minutes December 28, 2005 - Page 5 Agenda Item . Discussion a Comments Action Items (follow up) 3. Consent 3.3 Receive and File: Mayor Dirksen Yes Agenda a. Council Calendar Councilor Harding Yes (continued) b. Tentative Agenda Councilor Sherwood Yes c. Minutes of the Meeting Hosted by Councilor Wilson Yes the City of Tualatin - Tualatin City Councilor Woodruff Yes Council/Tigard Council/Tigard- Tualatin School District Board Meeting - October 17, 2005 3.4 Initiate Action to Transfer Jurisdiction of a Portion of SW 95' Avenue Within the City of Tigard to the City - Resolution No. 05-69 RESOLUTION 05-69 - A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF A CERTAIN COUNTY ROAD (SEGMENT OF SW 95T" AVENUE) WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD 3.5 Approve Lease with Washington County Consolidated Communications Agency (WCCCA) for a Portion of the Canterbury Property for Construction of an Emergency Communication Tower 3.6 Appoint Gretchen Buehner, Jodie Inman, and David Walsh to the Planning Commission - Resolution No. 05-70 RESOLUTION 05-70 - A RESOLUTION APPOINTING GRETCHEN BUEHNER, JODIE INMAN, AND DAVID WALSH AS MEMBERS OF THE PLANNING COMMISSION Tigard City Council Meeting Minutes December 28, 2005 - Page 6 Agenda Item Discussion & Comments Action Items (follow up) 4. Graduation of Public Works Program Assistant Lueck The City is promoting Tigard's presented the fourth graduating class of the enrollment for its fifth Emergency City's Community Emergency Response CERT program class. Response Team Team (CERT) Program. CERT team (CERT) members can provide life saving assistance, Volunteer such as disaster medical aid, search and Program Class IV rescue and fire suppression during the critical first few minutes. Graduates of this fourth class were: Terri Sweet Judy Stack Tom Harper Sheila LaChance Jim Lawson Julie Wagar Brian Wagar Mary Bauman Wayne Bauman 5. Presentation of City Manager Prosser introduced this Washington agenda item. City of Tigard is a member of County the Washington County Cooperative Cooperative's Recycling program, which develops 2005 Executive recycling and collection services and Award for provides public education and solid waste Excellence to management, including waste reduction HSBC Card program planning. The Cooperative works Services of with the City to achieve state-mandated and Tigard, Oregon regional solid waste recovery goals. HSBC, North America of Tigard, received an Executive Award for Excellence from the Cooperative. Mayor Dirksen presented the award to Mr. David Neenan, Managing Director of HSBC Card Services. Mayor Dirksen noted that the City of Tigard is honored to present this award to HSBC Card Services, as this company had gone beyond typical recycling practices and implemented several recycling and reusing programs with an average of five tons of Tigard City Council Meeting Minutes December 28, 2005 - Page 7 Agenda Item Discussion a Comments Action Items (follow up) 5. Presentation of paper and cardboard being recycled each Washington month and 3.5 tons of paper being reused County in the past year. Cooperative's 2005 Executive Mr. Neenan addressed the Council. As the Award for largest employer in the City of Tigard, he Excellence to noted how seriously his company considers HSBC Card environmental education. He referred to Services of the carbon neutral program in his company. Tigard, Oregon His company, a financial institution with Continued offices worldwide, will not lend to companies that are not supportive of the environment. 6. Consider City Attorney Ramis explained process for Motion by Councilor Adoption of the this agenda item. The City Council would Wilson, seconded-by Ballot Title be considering another motion to re-adopt Councilor Woodruff, to Corresponding to Ordinance No. 05-17. No additional readopt Ordinance No. the Tigard City written comments had been received from 05-17. Center Urban taxing authorities who have interest in this Renewal Plan urban renewal plan. Councilor Sherwood The motion was approved (Public Hearing advised she attended the Washington by a unanimous vote of Continued from County Board of Commissioners meeting Council present. November 22, earlier today; comments from the 2005) Commissioners were favorable; urban Mayor Dirksen Yes renewal is an investment in the future. Councilor Harding Yes Councilor Sherwood Yes Associate Planner Roberts presented the Councilor Wilson Yes staff report. No written comments were Councilor Woodruff Yes received from other governmental entities Council confirmed that its that impose property taxes within the urban adoption of Ordinance renewal area. No negative verbal No. 05-71 included comments from these entities were changes noted in the received. errata sheet submitted to Council then considered the re-adoption of the City Council. The Ordinance No. 05-17. errata sheet listed corrections to the Plan ORDINANCE NO. 05-17 - AN and Report. A copy of ORDINANCE ADOPTING THE CITY this errata sheet is on file CENTER URBAN RENEWAL PLAN AND in the City Recorder's DIRECTING THAT THE PLAN BE office. The changes listed Tigard City Council Meeting Minutes December 28, 2005 - Page 8 Agenda Item Discussion 81 Comments Action Items (follow up) 6. Consider REFERRED TO THE VOTERS on the errata sheet will be Adoption of the incorporated into the final Council then reviewed the proposed Ballot Title Plan and Report. Corresponding to resolution submitting the City Center Urban Councilor Wilson, as the Tigard City Renewal Plan to the voters and adopting a maker of the motion, Center Urban ballot title and explanatory statement. affirmed that he intended Renewal Plan Public Testimony: the changes as listed on (Public Hearing the errata sheet be Continued from Gretchen Buehner advised she prefers included. November 22, Alternative 2. She emphasized the need 2005) for public outreach. Continued Motion by Councilor Council reviewed the three options for the Sherwood seconded b "Question and Summary" of the ballot by Councilor Woodruff, to measure. The Council members agreed on adopt Resolution No. 05- the following language for the ballot , 71, Alternative 2, as measure summary: amended. !If the measure is approved, the City Center Urban Renewal Plan, including tax The motion was approved increment financing of public by a unanimous vote of improvements listed in the Plan, would Council present. become effective. The City Center Urban Renewal Plan provides for Councilor Harding Mayor o r Har Yes ding Yes improving streets and other public Councilor Sherwood Yes facilities in the City Center area, which Councilor Wilson Yes generally includes the area adjacent to Councilor Woodruff Yes Highway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek. Public improvements would be financed in part by tax increment financing. Tax increment financing does not impose new taxes, but reallocates the property taxes on any increases in total property value inside the Urban Renewal District boundaries to the Tigard City Center Development Agency (the Urban Renewal Agency). The Agency then repays indebtedness incurred to finance Plan public improvements. The maximum indebtedness under the plan is $22 million for a period of no more than Tigard City Council Meeting Minutes December 28, 2005 - Page 9 Agenda Item Discussion 8t Comments Action Itjems (follow up), 6. Consider 20 years. The City Council has adopted Adoption of the the Plan, subject to voter approval." Ballot Title Corresponding to Mayor Dirksen closed the public hearing. the Tigard City Center Urban Council then considered the proposed Renewal Plan resolution. (See Page 9) (Public Hearing Continued from RESOLUTION NO. 05-71 - A November 22, RESOLUTION OF THE CITY COUNCIL 2005) OF THE CITY OF TIGARD Continued SUBMITTING THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS OF THE CITY OF TIGARD, ADOPTING A BALLOT TITLE, AND APPROVING AN EXPLANATORY STATEMENT 7. Consider Building Official Lampella presented the Motion by Councilor Amending the staff report on this agenda item. He Woodruff, seconded by Terms of reviewed the benefit of changing the Councilor Harding, to Appointment of wording in the Tigard Municipal Code so adopt Ordinance No. 05- the Members of that terms of the Building Appeals Board 18. the Building member are staggered. Currently, terms of Appeals Board all seven board members will expire The motion was approved April 1, 2006. by a unanimous vote of Council considered Ordinance No. 05-18. Council present. ORDINANCE NO. 05-18 - AN Mayor Dirksen Yes ORDINANCE AMENDING SECTION Councilor Harding Yes Councilor Sherwood Yes 2.09.020 OF THE TIGARD MUNICIPAL Councilor Wilson Yes CODE TO STAGGER THE TERMS OF Councilor Woodruff Yes THE BUILDING APPEALS BOARD Tigard City Council Meeting Minutes December 28, 2005 - Page 10 Agenda Item Discussion U Comments Action Items (follow up) 8. Continue Associate Planner Pagenstecher presented City Council agreed with Discussion on the staff report. CWS and the City's Public staff's recommendation to Clean Water Works Department are currently discussing develop an IGA with Services (CWS) a draft IGA that would accommodate the CWS for a cooperative Fee Waiver cooperative effort to implement stream approach to the stream Request of City- rehabilitation and enhancement activities rehabilitation and Initiated proposed by CWS. enhancement project. In Community the near future, the City Development Council will be asked to Code approve an IGA. Amendment 9. Authorize the City Manager Prosser presented this agenda Motion by Councilor Mayor to Sign a item. The proposed MOU clarifies King Sherwood, seconded by Memorandum of City's new Urban Planning area, which adds Councilor Woodruff, to Understanding the northeast quadrant of the Beef authorize the Mayor to (MOU) Between Bend/Roy Rogers intersection to its area of sign the Memorandum of the City of Tigard interest if that area is added to the Urban Understanding. and the City of Growth Boundary. This area is not within King City - Tigard's current Urban Planning area. King The motion was approved Urban Planning City approved the MOU on December 7, by a unanimous vote of Area 2005. Council present. City Manager Prosser confirmed that the Mayor Dirksen Yes MOU does not change the City's current Councilor Harding Yes agreement with Washington County. Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes The Business Meeting concluded at 8:45 p.m.; City Council met in Study Session Tigard City Council Meeting Minutes December 28, 2005 - Page 11 Agenda Item Discussion 8t Comments Action Items (follow up) 10. Discuss Assistant to the City Manager Newton Branding/Graphic introduced this agenda item. City Council Identity Design reviewed additional logo designs with designer Glen Marcusen. Additional review was scheduled for the December 20, 2005, City Council meeting. Adjournment 9:13 p.m. 0 CUU UD~er+u aZ~ a ine Wheatley, City Recorder Attest: C~' a Mayor,'Uty of Tigard Date: I - iladmkCathy\ccm 0 oc Tigard City Council Meeting Minutes December 28, 2005 - Page 12 AGENDA TIGARD CITY COUNCIL MEETING DECEMBER 13, 2005 6:30 PM • STUDY SESSION > DISCUSS THE LEAGUE OF OREGON CITIES REQUEST FOR A CONTRIBUTION FOR LEGAL FEES o Staff Report: Engineering Staff > DISCUSS THE WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES (WCCLS) INTERGOVERNMENTAL AGREEMENT o Staff Report: Library Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to consult with legal counsel concerning exempt public records and current litigation under ORS 192.660(2)(0 and (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board, 8t City Center Development Agency 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:40 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) ■ Tigard High School Student Envoy Krista Foltz ■ Follow-up to Previous Citizen Communication COUNCIL AGENDA - DECEMBER 13, 2005 page 2 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for November 8, 15, and 22, 2005 3.2 Approve City Center Development Agency Minutes for September 13, 20, October 11, 18 and November 15, 2005 3.3 Receive and File: a. Council Calendar b. Tentative Agenda C. Minutes of the Meeting Hosted by the City of Tualatin - Tualatin City Council/Tigard Council/Tigard-Tualatin School District Board Meeting - October 17, 2005 3.4 Initiate Action to Transfer Jurisdiction of a Portion of SW 95' Avenue Within the City of Tigard to the City - Resolution No. 05-69 RESOLUTION 05-69 - A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF A CERTAIN COUNTY ROAD (SEGMENT OF SW 95T" AVENUE) WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD 3.5 Approve Lease with Washington County Consolidated Communications Agency (WCCCA) for a Portion of the Canterbury Property for Construction of an Emergency Communication Tower 3.6 Appoint Gretchen Buehner, Jodie Inman, and David Walsh to the Planning Commission - Resolution No. 05-70 RESOLUTION 05-70 - A RESOLUTION APPOINTING GRETCHEN BUEHNER, JODIE INMAN, AND DAVID WALSH AS MEMBERS OF THE PLANNING COMMISSION • 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/Local Contract Review Board/City Center Development Agency has voted on those items which do not need discussion. 7:45 PM 4. GRADUATION OF TIGARD'S COMMUNITY EMERGENCY RESPONSE TEAM (CERT) VOLUNTEER PROGRAM CLASS IV a. Staff Report: Public Works Staff COUNCIL AGENDA - DECEMBER 13, 2005 page 3 7:55 PM 5. PRESENTATION OF WASHINGTON COUNTY COOPERATIVE'S 2005 EXECUTIVE AWARD FOR EXCELLENCE TO HSBC CARD SERVICES OF TIGARD, OREGON a. Staff Report: Public Works Staff Presentation of award by Mayor Dirksen. Mr. Neenan of HSBC will make a brief acceptance speech. 8:00 PM 6. CONSIDER ADOPTION OF THE BALLOT TITLE CORRESPONDING TO THE TIGARD CITY CENTER URBAN RENEWAL PLAN (PUBLIC HEARING CONTINUED FROM NOVEMBER 22, 2005) On November 22, 2005, the Tigard City Council approved Ordinance No. 05-17, which adopted the City Center Urban Renewal Plan and Directed that the Plan be Referred to the Voters. Council received public testimony and the Mayor closed the public hearing. Staff recommends that the Council allow the ordinance to go into effect, but adopt additional findings addressing any comments received from any overlapping districts. On November 22, 2005, the Council also had before it a proposed resolution to submit the City Center Urban Renewal Plan to the Voters of the City of Tigard Adopting a Ballot Title and Approving an Explanatory Statement. Council did not consider the resolution on November 22, 2005, and set the date of December 13, 2005, for consideration of the proposed resolution. a. Rules of Procedure: City Attorney b. Staff Report: Community Development Staff C. Public Comment on Comments from Taxing Districts and the Proposed Ballot Title d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: 1. Motion to Readopt Ordinance No. 05-17 and Adopt Additional Findings Addressing Any Comments Received from Overlapping Taxing Districts Councilor: I move for re- adoption of Ordinance No. 05-17. COUNCIL AGENDA - DECEMBER 13, 2005 page 4 Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) ORDINANCE NO. 05-17 - AN ORDINANCE ADOPTING THE CITY CENTER URBAN RENEWAL PLAN AND DIRECTING THAT THE PLAN BE REFERRED TO THE VOTERS Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. 05-17 is (re-adopted or fails) by a (unanimous or however votes were split) vote. Tie votes =failure to pass 2. Resolution to Submitting the City Center Urban Renewal Plan to the Voters and Adopting a Ballot Title and Explanatory Statement - - Resolution No. 05-71 Councilor: I move for adoption of the proposed Resolution OS- Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) RESOL UTION NO. 05-71 - A RESOL UTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS OF THE CITY OF TIGARD, ADOPTING A BALLOT TITLE, AND APPROVING AN EXPLANATORY STATEMENT Mayor: Is there any discussion? Mayor (after discussion): COUNCIL AGENDA - DECEMBER 13, 2005 page 5 All of those in favor of adopting Resolution No. 05-71, please say "aye. " Mayor/Councilors.- Mayor: All of those opposed to adopting Resolution No. 05-71, please say "nay. " Mayor/Councilors: Mayor: Resolution No. 05-71 (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes =failure to pass Pursuant to Tigard Municipal Code Section 1. 12.030 and Oregon Revised Statutes 250.296, an elector dissatisfied with the ballot title may file a petition with the City Elections Officer or the Washington County Circuit Court, no later than the close of business on Thursday, December 22, 2005, for a review of the ballot title by the City Council or the Circuit Court. City offices close at 5 p.m. 8:30 PM 7. CONSIDER AMENDING THE TERMS OF APPOINTMENT OF THE MEMBERS OF THE BUILDING APPEALS BOARD a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Ordinance No. 05-18 Councilor: I move for adoption of the proposed Ordinance. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) ORDINANCE NO. 05-18 - AN ORDINANCE AMENDING SECTION 2.09.020 OF THE TIGARD MUNICIPAL CODE TO STAGGER THE TERMS OF THE BUILDING APPEALS BOARD Mayor: Is there any discussion? COUNCIL AGENDA - DECEMBER 13, 2005 page 6 Mayor(after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. 05-18 (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes =failure to pass 8:40 PM 8. CONTINUE DISCUSSION ON CLEAN WATER SERVICES (CWS) FEE WAIVER REQUEST OR CITY-INITIATED COMMUNITY DEVELOPMENT CODE AMENDMENT a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Postpone a decision on the CWS fee waiver request until a new approach is worked out for implementation of the stream rehabilitation and enhancement activities by CWS. 8:55 PM 9. AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TIGARD AND CITY OF KING CITY - URBAN PLANNING AREA a. Staff Report: Administration Staff b. Council Discussion C. Council Consideration: Motion to authorize the Mayor to sign a Memorandum of Understanding between the City of Tigard and the City of King City - Urban Planning Area 9:05 PM 10. DISCUSS BRANDING/GRAPHIC IDENTITY DESIGN a. Staff Report: Administration Staff b. Council Discussion C. Council Direction: Select Final Design 11. COUNCIL LIAISON REPORTS 12. NON AGENDA ITEMS COUNCIL AGENDA - DECEMBER 13, 2005 page 7 13. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 14. ADJOURNMENT iAadm\ca1hy\cca12005\051213) mv.doc COUNCIL AGENDA - DECEMBER 13, 2005 page 8 City of Tigard, Oregon Affidavit of Notification CITY OF TIGARD OREGON In the Matter of the Proposed Notification of Changes to the Tigard City Council Meeting Schedule - December 2005 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I Olql-If E42LSE WNEA7t being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/organizations by fax of. o ~Changes to the Tigard City Council Meeting Schedule - December 2005 Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Webteam, City of Tigard A copy of said Notice beirlg hereto attached and by reference made a part hereof, on the as ✓✓-kkLL day of NO Ve Yl~ bZr , 20 O5 i Signature of Person w o Perfo ed Notification Subscribed and sworn (or affirmed) before me this a~ day of ,toove m C'X , 20 0t). OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON NO. 38 PUBLIC-OREGON Signature of Notary Public for Oregon is~y~g8II x NO ( 9r e a e.doc y CITY OF TIGARD NOTICE OF CHANGES TO TIGARD CITY COUNCIL MEETING SCHEDULE DECEMBER 2005 Please forward to: Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Web Team, City of Tigard Notice is hereby given of schedule changes to the Tigard City Council Meeting Schedule during December 2005: o December 13, 2005 - Regular Business Meeting 6:30 p.m. - Council Study Session - Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon 7:30 p.m. Council Business Meeting - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon o December 20, 2005- Regular Workshop Meeting is now a Business Meeting 6:30 p.m. - Council Study Session - Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon 7:30 p.m. Council Business Meeting - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon o December 27, 2005 - Regular Business Meeting is Canceled. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410.• City Recorder Date: /AD K, o--~ O(-)D S Post: Tigard City Hall Tigard Permit Center Tigard Public Library iAadm\cathy\ccatcc meeting noticeskdecember 2005 • oc meeting chenges.doc It/22/2005 13:01 FAX 5036847297 City of Tigard Q001 acxMULTI TX/RX REPORT sE~~C~e~C&sBxcxck~xc*~3~t~~xc&~k2~~d&:ka^~ TX/RX NO 0391 PCs. 1 TX/RX INCOMPLETE TRANSACTION OK [ 0615035460724 TT Newsroom 1 0915039686061 Oregonian ERROR INFORMATION [ 1115039687397 Regal Courier I CITY OF TIGARD NOTICE OF CHANGES TO TIGARD CITY COUNCIL MEETING SCHEDULE DECEMBER 2005 Please forward to: Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Web Team, City of Tigard Notice is hereby given of schedule changes to the Tigard City Council Meeting Schedule during December 2005: o December 13, 2005 - Regular Business Meeting 6:30 p.m. - Council Study Session-Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon 7:30 p.m. Council Business Meeting- Town Hall Room, 13125 SW Hall Boulevard, Tigard,, Oregon o December 20,2005- Regular Workshop Meeting is now a Business Meeting 6:30 p.m. - Council Study Session - Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon 7:30 p.m. Council Business Meeting - Town Hall Room, 13125 SW Hall Boulevard, Tigard; Oregon o December 27, 2005 - Regular Business Meeting is Canceled. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410. Cathy Wheatley Updates for the Event Calendar and web page attached _ Page 1 From: Cathy Wheatley To: webteam Date: 11 /22/2005 11:56:10 AM Subject: Updates for the Event Calendar and web page attached. Thanks, cw Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy@tigard-or.gov Cathy 'Wheatley December 2005 - CC Meeting_Chan Page ges DOC 1 i i CITY OF TIGARD E NOTICE OF CHANGES TO TIGARD CITY COUNCIL MEETING SCHEDULE DECEMBER 2005 Please forward to: Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Web Team, City of Tigard E Notice is hereby given of schedule changes to the Tigard City Council Meeting Schedule during December 2005: o December 13, 2005 - Regular Business Meeting 6:30 p.m. - Council Study Session - Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon 7:30 p.m. Council Business Meeting - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon o December 20, 2005- Regular Workshop Meeting is now a Business Meeting 6:30 p.m. - Council Study Session - Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon 7:30 p.m. Council Business Meeting - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon o December 27, 2005 - Regular Business Meeting is Canceled. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410. i ,Cathy WheatleyW December 2005 - CC Meeting. Changes DOC~ Page 2 City Recorder Date: Post: Tigard City Hall Tigard Permit Center Tigard Public Library i Lladmtcathy~ccalcc meeting notices%december 2005 - cc meeting changes.doc i I f t I i ;I I City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Notification of Changes to the Tigard City Council Meeting Schedule - December 2005 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, -c- 01 , being :first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon a copy of Notification of Changes to the Tigard City Council Meeting Schedule - December 2005. A copy of said Notice being hereto attached and by reference made a part hereof, on the day of .,d& JP ,4a 20 U~ ..e2n~~ Signature of Person who Performed Posting Subscribed and sworn (or firmed) before me this day of l~ Vf~.V►'1 , 20 OFFICIAL SEAL ! t JILL M BYARS NOTARY PUBLIC-OREGON MY COMMISS~ IONpi O. SJ793 M Signature of Notary Public for Oregon 14. I i:\adm\cathy\cca\cc meeting notices\affidavit of pasting - council december 2005 meeting schedule changes.doc h~ CITY OF TIGARD NOTICE OF CHANGES TO TIGARD CITY COUNCIL MEETING SCHEDULE DECEMBER 2005 Please forward to- Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Web Team, City of Tigard Notice is hereby given of schedule changes to the Tigard City Council Meeting Schedule during December 2005: o December 13, 2005 - Regular Business Meeting 6:30 p.m. - Council Study Session - Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon 7:30 p.m. Council Business Meeting - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon o December 20, 2005- Regular Workshop Meeting is now a Business Meeting 6:30 p.m. - Council Study Session - Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon 7:30 p.m. Council Business Meeting - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon o December 27, 2005 - Regular Business Meeting is Canceled. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410. L. c j t.C GC C.G. / City Recorder Date: /-.16) K, ODD j Post: Tigard City Hall Tigard Permit Center Tigard Public Library 1:1edm1cethytccetcc meeting nolicesldecemher 2005 - cc meeting changes.doc S~-u ~3 less l'vn C gender AGENDA TIGARD CITY COUNCIL BUSINESS MEETING December 13, 2005 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > DISCUSS THE LEAGUE OF OREGON CITIES REQUEST FOR A CONTRIBUTION FOR LEGAL FEES o Staff Report: Engineering Staff > DISCUSS THE WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES (WCCLS) INTERGOVERNMENTAL AGREEMENT o Staff Report: Library Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to consult with legal counsel concerning exempt public records and current litigation under ORS 192.660(2)(0 and (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. > ADMINISTRATIVE ITEMS 0 New Signal Ribbon Cutting - 12/14, 10:30 a.m. Councilors Woodruff and Sherwood indicated they could attend. Council Training with Joe Hertzberg - December 16, 12-6 p.m.; Councilor Woodruff's home. * 2006 Congressional Cities Conference, March 1 1-15. Ask City Council members who can attend this conference. Business Meeting Information; changes are also noted on the attached Council Meeting Agenda: • Recycling Award Presentation Information - Agenda Item No. 5 - Mayor Dirksen to present award after brief introduction by staff. • Council packet material for Agenda Item 3.6 was sent in the Friday newsletter of December 9. Material for Item 3.6 is also attached. • Review Process for the continued hearing on the re-adoption of Ordinance No. 05-17 and the proposed resolution for the ballot title. Attached is Ordinance 05-17 for re-adoption consideration. The Plan and Report are attached to the ordinance with the changes approved by Council on November 22, 2005, incorporated by the consultant. • Review of King City/Tigard Memorandum of Understanding (Agenda Item No. 9) > COUNCIL CALENDAR December. 16 Friday Council Training - Councilor Woodruff's home; 12-6 p.m. 20* Tuesday Council Business Meeting - 6:30 pm, Town Hall 26 Monday Christmas Holiday - City Offices Closed 27 Tuesday Council Business Meeting Canceled Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660(2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660(2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660(2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660(2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. i:\adnn\cathy\council\pink sheet - study session agendas\2005\051213ps.doc ORevised 12/7/05 - Agenda Item No. 6g.1. - Revised the proposed motion: "Motion to Readopt Ordinance 05-17 and Adopt Additional Findings Addressing Any Comments Received from Overlapping Taxing Districts" F D CITY COUNCIL, LOCAL CT REVIEW BOARD, 8z CITY R DEVELOPMENT AGENCY CITY OF TIGARD MEETING OREGON BER 13, 2005 6:30 p.m. TIGARD CITY HALL 3125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - DECEMBER 13, 2005 page 1 MEMORANDUM TO: Nancy Werner; Right of Way Administrator FROM: Cathy Wheatley, City Recorder eRE: Council Direction Regarding the Request from the League of Oregon Cities Request for Contribution for Legal Fees DATE: December 21, 2005 Nancy, below is an excerpt of draft minutes from the December 13, 2005, City Council meeting regarding the above-referenced request for a contribution from the City of Tigard. Attached is your November 11, 2005 memorandum, which was discussed with the City Council. Tigard City Council meeting of December 13, 2005; called to order by Mayor Dirksen at 6:30 p.m. City Council Present: Mayor Dirksen; Councilors Harding, Sherwood, Wilson, and Woodruff. Study Session Agenda Item: Discuss the League of Oregon Cities Request for a Contribution for Legal Fees Right-of-Way Administrator Werner reviewed the request from the League of Oregon Cities, which was outlined in her November 11, 2005, memorandum distributed to the City Council. City Manager Prosser noted that Qwest franchise fees for the City of Tigard were approximately $13,000 per year. Verizon has continued to pay its Tigard franchise fees (approximately $332,000 per year); however, Verizon representatives indicated they would no longer pay these fees if Qwest prevails in the litigation. After discussion by the City Council on this matter, there was general agreement by City Council members to make the requested contribution for $6,656. A budget amendment will be prepared for Council consideration at a future City Council meeting (Consent Agenda item). Attachment I:tadmtpackel'05t051213Memo - council direction - loo request for legal fee padicipaticn.doc Agenda Item No. -'5+U 1 Ci Dn Meeting of ID, 13, MEMORANDUM TO: Mayor and City Council FROM: Nancy WerneA//& RE: League of Oregon Cities Request for Contribution for Legal Fees DATE: November 11, 2005 The League of Oregon Cities ("LOC") has requested that the City of Tigard and other Oregon cities voluntarily contribute two percent of their telecommunications franchise fees to pay legal fees of Oregon cities participating in the Qwest v. Portland litigation. Based on the unaudited franchise fee revenues from FY2004-05, the City's contribution would be $6,656. The attached letter describes the background of the litigation and the basis for this request. In short, the City of Portland, eight "intervening cites" and Qwest Communications have been in litigation since 2001 regarding the extent to which the Federal Telecommunications Act of 1996 (1996 Act") preempts municipal authority over telecommunications providers. In 2002, the District Court ruled in favor of the cities with respect to the requirement that Qwest pay franchise fees, and Qwest appealed to the Ninth Circuit Court of Appeals. In 2004, the Ninth Circuit upheld the District Court's decision on fees, but remanded the case to the District Court to review each section of the cities' franchises to ensure their validity under the 1996 Act. The District Court has not yet ruled on the other franchise provisions, which include issues such as registration, permitting, and relocation. While the District Court has indicated that it will not consider Qwest's arguments regarding franchise fees because the Ninth Circuit did not remand on that issue, the LOC notes that Qwest has been attempting to persuade the Court to consider these arguments. The LOC organized the intervention of the eight intervening cities to help protect the interests of all Oregon cities with respect to franchise rights. At that time, the LOC asked other Oregon cities to contribute to the legal costs for these intervening cities through a voluntary assessment of three percent of telecommunications franchise fees. In response, the City contributed the full three percent, which totaled $12,607. The LOC asked for a one percent voluntary contribution to fund the litigation after Qwest's appeal to the Ninth Circuit in 2002, but it does not appear that the City contributed. The most recent request for contributions is to fund the remand proceedings in which, as noted above, the District Court is considering additional issues that could impact the City's ability to manage our rights-of-way as we have in the past. While the apparent victory regarding franchise fees is significant because of its impact on the City's budget, the issues remaining also are important to the City. The outcome of this litigation could set a precedent for all Oregon cities regarding the management of their rights-of-way, and the intervening cities are working to ensure that precedent supports cities' rights. To date, more funds have been expended on legal fees that have been contributed by cities. It is not clear whether the intervening cities will remain in the litigation if funds are not available to pay legal fees. Contributing the requested funds would require a budget amendment. If Council decides to make the contribution, staff will bring forth a budget amendment for Council's approval. cc: Craig Prosser, City Manager % 0 0 \ o 0 2, October 14, 2005 g~ Dear Mayors and City Manager/Recorders, The court battle over city franchise authority isn't over. When Qwest stopped paying telecom franchise fees and °3% c3 League of Oregon Cities Local Government Center filed suit challenging our franchise and right-of-way 1201 Court St. NE, Suite 200 authority, Salem, Oregon 97301-4194 cities united in a thus-far successful effort to defend our rights. Man}~~ties~ across the state contributed financially to cover the high legal fees required for oim, r~ h P.O. Box 928 collective defense. Salem, Oregon 9730B-0928 Qa (50.3) 58&6550 or Unfortunately, the case isn't over yet. While we succeeded in restoring the flow of~ 1.800452,0338 Fax: (503) 399.4863 funds, Qwest is now trying to persuade the Federal District Court to hear new E-rnail: loc@orcities.org arguments challenging cities' ability to receive gross revenue based fees. At the same Web: www.orcities.org time the Ninth Circuit Court of Appeals has ordered a review of some provisions included in franchise agreements. Much is still at risk OFFICERS PRESIDENT In order to finish the job and cement our victory, the League of Oregon Cities Board Helen Berg of Directors has authorized an additional request to member cities for a voluntary Mayor, Corvallis VICE-PRESIDENT assessment for legal fees. All the money collected so far has been expended. The j Mark Seltmann Board does not make this request lightly, recognizing the tight financial condition of Mayor, Athena cities in Oregon. However, we have come so far in securing our rights to telecom TREASURER Jim Fairchild fees; it would be irresponsible to stop before achieving victory in this case. ' Mayor, Dallas PAST PRESIDENT Litigation Background Phillip Houk, Mayor, Pendleton DIRECTORS In July of 2001, Qwest stopped paying city telecommunications franchise fees, claiming that a Washington state case prohibited such fees. Oregon cities disagreed Bob Austin Mayor, Estacada and the City of Portland sued Qwest, demanding payment. In August of 2001, the Chuck Becker League of Oregon Cities organized the successful intervention of several Mayor, GresfutM strategically-selected cities into the lawsuit (Ashland, Happy Valley, Keizer, North Jinn Bennett Plains, Pendleton, Redmond, Salem and Springfield). Many Oregon cities City Manager, Newberg collaboratively funded this litigation by voluntarily contributing three percent of their Leroy Blodgett telephone franchise fees to the effort. City Manager, Brookings Tom Hughes Mayan, Hillsboro In March of 2002> in a big victory for cities, lsboro the U.S. District Court issued an order Shirley Kalkhoven stating, "I conclude as a matter of law that Qwest's failure to pay the fees Mayor, Neholc,n breached its franchise agreements with cities. The only issue of material fact Rex Mather remaining concerns the precise amounts'due each city." ---Magistrate Judge City Managcr, Boardman Jelderks. He ordered Qwest to immediately pay the withheld franchise fees. Qwest Gary Paps Paid but appealed to the Ninth Circuit Court of A eals. Again, man Oregon cities Councilor, Eugene PP Y Jim Randall responded to a second request for funds for this leg of the litigation effort by Councilor, Salem voluntarily contributing one percent of their telephone franchise fees from their Erik Stet, reserve accounts. Commissioner, Portland Bob Strosser Councilor, Medford Alan Unger (Over, please) Mayor, Redmond EXECUTIVE DIRECTOR Ken L.Strobeck Serving Oregon Communities for 80 Years October 14, 2005 Page Two On October 12, 2004 the Ninth Circuit issued a favorable decision which solidified cities' right to receive gross revenue-based telecommunications franchise fees. Oregon's cities, through their funding of this critical litigation, played an integral role in this success. The Ninth Circuit's opinion affirmed that a city may structure its compensation for right- of-way use as a percentage of the telecom company's gross revenues under the Federal Telecommunications Act of 1996, but it was not the definitive decision we were hoping for. Because the Court decided to send back ("remand") the case to the Oregon District Court, there is still more legal work to be done. Specifically, the Court ordered the judge to make "individualized Section 253 preemption analysis for each city's ordinances... " That ruling brings us to where we are today. The judge was ordered to review each individual franchise fee agreement for issues such as registration, right-of-way permitting, relocation and other provisions. Ideally, this review should not include arguments about the right to receive gross-revenue based fees or about the legality of Oregon statutes. However, in recent months, Qwest has been attempting to persuade the Court to hear such arguments. League attorneys are working hard to limit the scope of the remand to the topics indicated by the Ninth Circuit judges. Funding Needed for Final Phases of the Litigation The remand is a new and likely, final phase of the litigation if we have the funding to mount an aggressive defense of city authority. As we enter the homestretch, we again must ask for a voluntary assessment to fund the case which so far has cost more than $300,000 in legal fees. Enclosed you'll find a Voluntary City Assessment form with a recommended rate of two percent of -your telecom franchise fees. Please fill out this form and mail a check for your assessment to the League as soon as possible.. If you have any questions about legal issues, please call Christy Monson at the League office: 503-588-6550. If you have any questions about the funding of this litigation or about telecommunications issues in general, please feel free to call Ken Strobeck or David Barenberg at the same number. Thank you for your ongoing dedication to the collective welfare of Oregon's cities. We look forward to hearing from you. Sincerely, Helen Berg Mayor, Corvallis 2005 LOC President Enclosure (Your city's copy) Qwest Litigation Contribution Due December 31, 2005 City of 1. City's annual telephone franchise receipts: $ 2. Multiply by 2%' X .02 3. Total contribution: $ i Make check payable to: League of Oregon Cities PO Box 928 Salem OR 97308 . %V Please detach and send with contribution Qwest Litigation Contribution Date December 31, 2005 City Of 1. City's annual telephone franchise receipts: $ 2. Multiply by 2% X .02 3. Total contribution: $ Make check payable to: League of Oregon Cities PO Box 928 Salem OR 97308 * Agenda Item No. i Do 1 Meeting of l a 13• MEMORANDUM TO: Mayor and City Council '~Ap FROM: Nancy Werne ~11& RE: League of Oregon Cities Request for Contribution for Legal Fees DATE: November 11, 2005 The League of Oregon Cities ("LOC") has requested that the City of Tigard and other Oregon cities voluntarily contribute two percent of their telecommunications franchise fees to pay legal fees of Oregon cities participating in the Qwest v. Portland litigation. Based on the unaudited franchise fee revenues from FY2004-05, the City's contribution would be $6,656. The attached letter describes the background of the litigation and the basis for this request. In short, the City of Portland, eight "intervening cites" and Qwest Communications have been in litigation since 2001 regarding the extent to which the Federal Telecommunications Act of 1996 ("1996 Act") preempts municipal authority over telecommunications providers. In 2002, the District Court ruled in favor of the cities with respect to the requirement that Qwest pay franchise fees, and Qwest appealed to the Ninth Circuit Court of Appeals. In 2004, the Ninth Circuit upheld the District Court's decision on fees, but remanded the case to the District Court to review each section of the cities' franchises to ensure their validity under the 1996 Act. The District Court has not yet ruled on the other franchise provisions, which include issues such as registration, permitting, and relocation. While the District Court has indicated that it will not consider Qwest's arguments regarding franchise fees because the Ninth Circuit did not remand on that issue, the LOC notes that Qwest has been attempting to persuade the Court to consider these arguments. The LOC organized the intervention of the eight intervening cities to help protect the interests of all Oregon cities with respect to franchise rights. At that time, the LOC asked other Oregon cities to contribute to the legal costs for these intervening cities through a voluntary assessment of three percent of telecommunications franchise fees. In response, the City contributed the full three percent, which totaled $12,607. The LOC asked for a one percent voluntary contribution to fund the litigation after Qwest's appeal to the Ninth Circuit in 2002, but it does not appear that the City contributed. The most recent request for contributions is to fund the remand proceedings in which, as noted above, the District Court is considering additional issues that could impact the City's ability to manage our rights-of-way as we have in the past. While the apparent victory regarding franchise fees is significant because of its impact on the City's budget, the issues remaining also are important to the City. The outcome of this litigation could set a precedent for all Oregon cities regarding the management of their rights-of-way, and the intervening cities are working to ensure that precedent supports cities' rights. To date, more funds have been expended on legal fees that have been contributed by cities. It is not clear whether the intervening cities will remain in the litigation if funds are not available to pay legal fees. Contributing the requested funds would require a budget amendment. If Council decides to make the contribution, staff will bring forth a budget amendment for Council's approval. cc: Craig Prosser, City Manager % o F o 0 0~ % October 14, 2005 Dear Mayors and City Manager/Recorders, The court battle over city franchise authority isn't over. 11. 0, When Qwest stopped paying telecom franchise fees and C521; League of Oregon Cities Local Government Center filed suit challenging our franchise and right-of-way hee 1201 Court St. NE, Suite 200 authority, cities united in a thus-far successful effort to defend our rights. Man , Salem, Oregon 973014194 across the state contributed financially to cover the high legal fees required for 0 ,9f+~ `~'7 P.O. Box 928 collective defense. p D Salem, Oregon 97308-0928 (503) 588.6550 or Unfortunately, the case isn't over yet. While we succeeded in restoring the flow Aj 1.800452-0338 Fax: (503) 399-4863 funds, Qwest is now trying to persuade the Federal District Court to hear new E-mail: Ioc@orcities.org arguments challenging cities' ability to receive gross revenue based fees. At the same Web: www.orcities.org time the Ninth Circuit Court of Appeals has ordered a review of some provisions included in franchise agreements. Much is still at risk. OFFICERS PRESIDENT In order to finish the job and cement our victory, the League of Oregon Cities Board Helen Berg Mayor, Corvallis of Directors has authorized an additional request to member cities for a voluntary - i VICE-PRESIDENT assessment for legal fees. All the money collected so far has been expended. The I Mark Seltmann Board does not make this request lightly, recognizing the tight financial condition of Mayor, Athena cities in Oregon. However, we have come so far in securing our rights to telecom TREASURER Jim Fairchild fees; it would be irresponsible to stop before achieving victory in this case. Mayor, Dallas PAST PRESIDENT Litigation Background Phillip Houk, Mayor, Pendleton DIRECTORS In July of 2001, Qwest stopped paying city telecommunications franchise fees, claiming that a Washington state case prohibited such fees. Oregon cities disagreed Bob Austin Mayan, Estacada and the City of Portland sued Qwest, demanding payment. In August of 2001, the Chuck Becker League of Oregon Cities organized the successful intervention of several Mayor, Gresham strategically-selected cities into the lawsuit (Ashland, Happy Valley, Keizer, North Jim Bennett Plains, Pendleton, Redmond, Salem and Springfield). Many Oregon cities City Manager, Newberg collaboratively funded this litigation by voluntarily contributing three percent of their Leroy Blodgett telephone franchise fees to the effort. City Manager, Brookings Tom Hughes Mayor, Hillsboro In March of 2002, in a big victory for cities, the U.S. District Court issued an order Shirley Kalkhoven stating, "I conclude as a matter of law that Qwest's failure to pay the fees Mayor, Nehabem breached its franchise agreements with cities. The only issue of material fact Rex Mather remaining concerns the precise amounts due each city." ---Magistrate Judge City Manager, Boardman Jelderks. He ordered Qwest to immediately pay the withheld franchise fees. Qwest Gary Pap` paid, but appealed to the Ninth Circuit Court of Appeals. Again, many Oregon cities Councilor, Eugene Jim Randall responded to a second request for funds for this leg of the litigation effort by Councilor, Salem voluntarily contributing one percent of their telephone franchise fees from their Erik Sten reserve accounts. Commissioner, Portland Bob Strosser Councilor, Medford (Over, please) Alan Unger Mayor, Redmond EXECUTIVE DIRECTOR Ken L.Strobeck Serving Oregon Communities for 80 Years October 14, 2005 Page Two On October 12, 2004 the Ninth Circuit issued a favorable decision which solidified cities' right to receive gross revenue-based telecommunications franchise fees. Oregon's cities, through their funding of this critical litigation, played an integral role in this success. The Ninth Circuit's opinion affirmed that a city may structure its compensation for right- of-way use as a percentage of the telecom company's gross revenues under the Federal Telecommunications Act of 1996, but it was not the definitive decision we were hoping for. Because the Court decided to send back ("remand") the case to the Oregon District Court, there is still more legal work to be done. Specifically, the Court ordered the judge to make "individualized Section 253 preemption analysis for each city's ordinances.-." That ruling brings us to where we are today. The judge was ordered to review each individual franchise fee agreement for issues such as registration, right-of-way permitting, relocation and other provisions. Ideally, this review should not include arguments about the right to receive gross-revenue based fees or about the legality of Oregon statutes. However, in recent months, Qwest has been attempting to persuade the Court to hear such arguments. League attorneys are working hard to limit the scope of the remand to the topics indicated by the Ninth Circuit judges. Funding Needed for Final Phases of the Litigation The remand is a new and likely, final phase of the litigation if we have the funding to mount an aggressive defense of city authority. As we enter the homestretch, we again must ask for a voluntary assessment to fund the case which so far has cost more than $300,000 in legal fees. Enclosed you'll find a Voluntary City Assessment form with a recommended rate of two percent of -your telecom franchise fees. Please fill out this form and mail a check for your assessment to the League as soon as possible.. If you have any questions about legal issues, please call Christy Monson at the League office: 503-588-6550. If you have any questions about the funding of this litigation or about telecommunications issues in general, please feel free to call Ken Strobeck or David Barenberg at the same number. Thank you for your ongoing dedication to the collective welfare of Oregon's cities. We look forward to hearing from you. Sincerely, Helen Berg Mayor, Corvallis 2005 LOC President Enclosure (Your city's copy) Qwest Litigation Contribution Due December 31, 2005 City of 1. City's annual telephone franchise receipts: $ 2. Multiply by 2% X .02 3. Total contribution: $ Make check payable to: League of Oregon Cities PO Box 928 t Salem OR 97308 % Please detach and send with contribution Qwest Litigation Contribution Date December 31, 2005 City of 1. City's annual telephone franchise receipts: $ 2. Multiply by 2% X .02 3. Total contribution: $ Make check payable to: League of Oregon Cities PO Box 928 Salem OR 97308 u Century Blvd. ik Bridge N a M~yi ' CITY OF HILLSBORO Metro Area Appropriation w` Liberty High Request Future School Sunset Hwy. Century Blvd. Corridor Flyover Existing k.._:rl w ■ ■ ■ ■ Unimproved/Planned" +-i- LRT Line a Stadiums U11 r' LRT Stop I Transit Bus Line Orenco Town Center Urban Growth Boundary • _ i C 5 1:25,000 - - 0 700 1,400 2,800 Feet Intel „ - Ronler Acres ' - y~ • e , Orenco j \ t MAX Station ~ f s, L i ~ y C i s r .n' , I CF . tSr Y ~5~ , 4 1 Noble Woods Park NEW a .1 y t 7 L l nJ ~ Y. I ~I Century High-School e. V~ ~ t 1 i 'A Y t Jf, ~ lV/ f Witch Hazel Village 4 ail gyp' 1 n ra~ !'T ~ r,~ March 2005 Aerial Photography 5 ~4S ( -~rrGv~~.. CITY OF TIGARD, OREGON RE-ADOPTION OF ORDINANCE NO. 05-17 AN ORDINANCE ADOPTING THE CITY CENTER URBAN RENEWAL PLAN AND DIRECTING THAT THE PLAN BE REFERRED TO THE VOTERS WHEREAS, after a lengthy public process with numerous opportunities for public input and comment, the City Center Urban Renewal Plan (the "Plan") and Report Accompanying the City Center Urban Renewal Plan (the "Report") have been prepared; WHEREAS, the Plan and Report were originally prepared at the direction of the City Center Development Agency; WHEREAS, the Planning Commission, after a public hearing, recommended approval of the Plan and Report, with minor modifications; WHEREAS, the City has consulted and conferred with taxing districts that may be affected by adoption of the Plan and has received no written recommendations from a governing body of any of the districts; WHEREAS, the City Council held a public hearing on November 22, 2005, to receive comments on the Plan and Report; WHEREAS, the City has complied with all notice and hearing requirements and the City Council has carefully considered all comments relating to the Plan and Report. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council adopts the City Center Urban Renewal Plan attached hereto as Exhibit A, based on the Report Accompanying the City Center Urban Renewal Plan attached hereto as Exhibit B. SECTION 2: The City Center Urban Renewal Plan shall be submitted to the voters of the City for their consideration. A ballot title resolution shall be considered by the Council. SECTION 3: The adoption of the Plan under Section 1 shall have no effect unless and until the voters of the City approve the Plan, including tax increment financing. ORDINANCE NO. 05--L7 Page 1 SECTION 4: If the Plan is approved by the voters, the City shall assume and complete any and all activities required of it by the Plan; SECTION 5: The Council adopts the determinations and findings attached hereto as Exhibit C. The Council further adopts the Report and Section VI of the Plan as findings. The Council also adopts Section IV of the Staff Report to Council as additional findings, attached here as Exhibit D. SECTION 6: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U r)C(T)'ftuus vote of all, Council members present after being read by number and title only, this v).a ►►-''day of NDVeim bQ-r , 2005. Catherine Wheatley, City Record n~ APPROVED: By Tigard City Council this day of 'V 2005. Craig irksen, Mayor Approved as to form: City Attorney Date: Ordinance No. 05-17 was re-adopted by a -Lin can; rrv~)u s vote of all Council members present. This ordinance shall be effective 30 days after its re-adoption by I:latlm~packet'OSW51122Wr.council.plan.ordinance cdw.doc the Council, signature by the Mayor, and posting by the City Recorder. CCLtIU/Urw Oway-e Catherine Wheatley, City Recorder Approved by the Tigard City ou cil on the 13"' day of December, 2005. ORDINANCE NO. 05-~ Craig irksen, Mayor Page 2 Appro ed as to form: i / V Ci ttorney Date: 1 z - 13 y ERRATA SHEET City Center Urban Renewal Plan Title page DRAF CITY CENTER UBAN RENEWAL PLAN p. 18 F.5 F e-+ nffi Relegation 77~~~~,,,,,,,~, b r pr-q r Wan. Public Restrooms The provision of public restrooms in public gathering places is a project under the Plan. p. 21 A. City of Tigard Community Development Plan Mixed Use Empleyme.B.t. Report Accompanying the City Center Urban Renewal Plan DRAFT- Title page REPORT ACCOMPANYING THE CITY CENTER URBAN RENEWAL PLAN p. 21 5 Post Offi e Del„ existing The r-eleeation of the downteyffi r l Y nn~~ Haft. The existing d + post efie may et be the eptf ,.,1 use f vuraccvr o Although the pest effiee generates a substantial level of tfaffie, it is not eempatible with other- desir-e.d eemmer-eial aefivities on Main Street. Fef be reloeated to an [.Ll {.tlll(Al site i the diis A r^^ reason, the 1. may p. 21 6. replace the number 6 with the number 5 ~>C HZe D-ET CITY CENTER URBAN RENEWAL PLAN December G, 2005 Tbs',r an -1ohnson, LLC sc:~==.~:ie Economic Planning SERA Urbar. Land Economics Jeannette Launer, Attorney CITY OF TIGARD LIST OF PARTICIPANTS City Center Advisory Commission Members Jim Andrews Carolyn Barkley Gretchen Buehner Alexander Craghead Suzanne Gallagher Alice Ellis Gaut Marland Henderson Ralph Hughes Lily Lilly Mike Marr Judy Munro Roger Potthoff Mike Stevenson Carl Switzer City of Tigard Staff James Hendryx, Community Development Director Tom Coffee, Interim Community Development Director Barbara Shields, Planning Director Duane Roberts, Associate Planner Consultants Jeffrey Tashman, Tashman Johnson LLC Tina Mosca, Cascade Economic Planning Matt Arnold, SERA Architects Nancy Guitteau, Urban Land Economics Jeannette Launer, Attorney TABLE OF CONTENTS 1. Introduction ....................................................................................................................................1 II. Goals and Objectives ......................................................................................................................1 III. Outline of Projects ..........................................................................................................................3 N. Map and Legal Description of Urban Renewal Area ..................................................................4 V. Urban Renewal Projects ................................................................................................................9 A. Street Improvements ..................................................................................................................9 B. Streetscape Improvements I l C. Bike/Pedestrian Facilities ........................................................................................................13 D. Parks ........................................................................................................................................15 E. Public Spaces ...........................................................................................................................16 F. Public Facilities .......................................................................................................................18 G. Planning and Development Assistance 20 VI. Relationship to Local Objectives ..................................................................................................20 A. City of Tigard Community Development Code 21 B. Tigard Comprehensive Plan Goals and Policies 21 C. Transportation System Plan Goals and Policies ......................................................................27 D. City of Tigard Park System Master Plan 29 E. Tigard Downtown Improvement Plan .....................................................................................30 VII. Proposed Land Uses .....................................................................................................................30 A. Central Business District .........................................................................................................30 B. General Commercial ..31 C. Professional Commercial ........................................................................................................31 D. R-4.5 Low-Density Residential District ..................................................................................31 E. R-12 Medium-Density Residential District .............................................................................32 F. R-24 Medium High-Density Residential District 32 VIII. Property Acquisition and Disposition .........................................................................................32 A. Property Acquisition - From Willing Sellers ..........................................................................32 B. Land Disposition 33 IX. Relocation Methods ......................................................................................................................33 X. Tax Increment Financing of Plan ................................................................................................33 A. General Description of the Proposed Financing Methods .......................................................34 B. Tax Increment Financing and Maximum Indebtedness 34 C. Prior Indebtedness 34 D. Impact of Tax Increment Financing on Public Schools 34 XI. Duration of Plan ...........................................................................................................................35 . XII. Future Amendments to Plan ........................................................................................................35 A. Substantial Amendments .........................................................................................................35 B. Council Approved Amendments 36 C. Minor Amendments 36 D. Amendments to the City of Tigard Comprehensive Plan and/or Development Code 36 DRAFT CITY CENTER URBAN RENEWAL PLAN 1. INTRODUCTION The City Center Urban Renewal Plan (the "Plan") contains goals, objectives and projects for the revitalization of the City Center Urban Renewal Area (the "Area"). The Area, shown in Figure 1, is predominantly zoned for commercial use, encompassing lands in Tigard's Central Business District, General Commercial District and Professional Commercial District. In addition to commercial lands, residential property on the east side of Hall Boulevard and adjacent to Fanno Creek is located within the R-4.5 Low-Density Residential District, R-12 Medium-Density Residential District and R-25 Medium High-Density Residential District. Under existing conditions, the Area is underdeveloped and lacks the mix of high quality commercial, office, residential and public uses suitable for the City's Central Business District. Information regarding conditions in the Area is provided in the Report accompanying the Plan (the "Report"). The purpose of the Plan is to use the tools provided by urban renewal to attract private investment and facilitate the Area's redevelopment. These tools include tax increment financing (see Section X), which generally means that the property taxes resulting from growth in property value within the Area can be used to finance improvement projects and programs. Urban renewal also allows for the Agency purchase of land from willing sellers and subsequent Agency sale for redevelopment as part of a public/private development partnership. The Plan is administered by the City Center Development Agency ("Agency") which was established by the City Council of the City of Tigard as the City's Urban Renewal Agency. The Plan may be changed in the future, under the provisions of Chapter XII. The Plan has a duration of 20 years (see Chapter XI), meaning that no new debt will be incurred after Fiscal Year 2025/2026. The maximum amount of indebtedness (amount of tax increment financing for projects and programs) that may be issued for the Plan is Twenty-Two Million Dollars and No Cents ($22,000,000). II. GOALS AND OBJECTIVES The goals of the Plan represent its basic purposes. The objectives for each goal generally illustrate how the goals are to be achieved. The urban renewal projects called for in Chapter IV of the Plan are the specific means of meeting the objectives. Goal 1: Revitalization of the Downtown should recognize the value of natural resources as amenities and as contributing to the special sense of place. Obiectives: 1A: Integrate open space and landscaping elements into the design and development of public improvement projects identified in the Plan to create a livable environment and provide opportunities for multimodal recreational use. City of Tigard 1 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 113: Minimize the impact of public improvements and facilities projects on the natural environment through the integration of appropriate protective measures and mitigation strategies. Goal 2: Capitalize on Commuter Rail and Fanno Creek as catalysts for future investment and development. Obiectives: 2A: Support the development of transit-oriented residential, commercial, employment and recreational uses in the Central Business District that will benefit from and support commuter rail. 213: Implement pedestrian and bicycle system improvements that will enhance connectivity between downtown and surrounding residential and commercial areas. Goal 3: Downtown's transportation system should be multi-modal, connecting people, places and activities safely and conveniently. Objectives: 3A: Design and construct street improvements as consistent with the Tigard Downtown Improvement Plan and the Tigard Transportation System Plan. 313: Concurrent with proposed street improvements, and in conformance with the Tigard Transportation System Plan (TSP), provide bike lanes, sidewalks, pedestrian crossings and other pedestrian and bicycle facilities that promote multimodal usage, access and safety. Goal 4: Downtown's streetscape and public spaces should be pedestrian-friendly and not visually dominated by the automobile. Objectives: 4A: Promote pedestrian-oriented, human-scale development in the Central Business District. 413: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. 4C: Provide pedestrian-oriented streetscape improvements, including street trees, street furniture, planters and other landscape enhancements, that will create a safe and visually appealing destination for pedestrians. City of Tigard 2 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Goal 5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments. 5A: Provide development incentives and technical assistance programs that encourage business and property owners to develop projects that are consistent with the Tigard Downtown Improvement Plan vision and the Tigard Comprehensive Plan. 513: Support the transition of existing nonconforming businesses. from downtown to more suitable locations within the City of Tigard. III. OUTLINE OF PROJECTS The Plan identifies transportation projects, including street improvements, streetscape improvements and bicycle/pedestrian facilities improvements, which will increase multimodal connectivity throughout the Area and make downtown Tigard a safer and more accessible destination. The Plan also includes Parks, Public Spaces and Public Facilities projects that will beautify the Area, increase neighborhood livability and provide opportunities for residents, visitors and downtown workers to participate in a wide range of community and recreational activities. Planning and Development Assistance Programs identified in the Plan will facilitate the development, redevelopment and rehabilitation of private property in the Area. The programs will encourage Area business and property owners to invest in projects that will increase the economic vitality of downtown Tigard and support the goals and objectives of the Tigard Downtown Plan and the City's Comprehensive Plan. City of Tigard 3 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN IV. MAP AND LEGAL DESCRIPTION OF URBAN RENEWAL AREA Figure 1. shows the urban renewal area boundaries. Exhibit A is a legal description of the Area. 17 JCO'k r ti 1 i"r Sr O~ i i ti g ~Gq =r ti % ^ i1( l Urban Renewal Area Total Area: 193.71 acres Toxlol Area: 144.14 acres ROW Area: 49.57 ones Aggregate IolalRMV:;109,365,720 i . 1 0.... o i25 505 )'A M'w^-", City Center Urban Renewal Plan O Prorwsetl UAwn Renm+nl Mua s ai S;~MA T-m- Tigard, OR rmnsir Cnnim -WGIMi Aly 1~miry E fjakreon Proposed Urban Renewal Area 0 urxaiy '~-Rar«ur a1F city "aii Figure 1: Tigard City Center Urban Renewal Area City of Tigard 4 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN EXHIBIT A CITY CENTER URBAN RENEWAL AREA LEGAL DESCRIPTION A tract of land in Section 35 Township 1 South, Range 1 West and Sections 1 and 2 Township 2 South, Range 1 West Willamette Meridian City of Tigard, Washington County, Oregon. Described as follows: Beginning at the intersection of the southerly right-of-way of SW Greenburg Road with the southeast line of the John L. Hinklin DLC; thence N 07° 41' 55" W a distance of 100.77 feet to the north right-of-way of SW Greenburg Road; thence N 10° 32' 02" E a distance of 419.98 feet; thence S 88° 04' 51" E a distance of 168.91 feet; thence N 46° 34' 35" E a distance of 73.95 feet; thence S 85° 47' 11 E a distance of 190.07 feet; S 02° 45' 30" W a distance of 72.32 feet; thence N 75° 18' 06" E a distance of 36.45 feet; thence N 46° 48' 53" E a distance of 173.62 feet; thence N 64° 02" 12" E a distance of 177.40 feet to the westerly right-of-way of SW Hall Blvd.; thence N 36° 35' 04" E a distance of 83.84 feet to the easterly right-of-way of SW Hall Blvd.; thence N 64° 31' 19" E a distance of 148.06 feet; thence S 26° 03' 02" E a distance of 160.00 feet; thence N 64° 17' 30" E 148.04 feet to the southerly right-of-way of Highway 217; thence S 35° 21' 18" E, along said highway, a distance of 171.44 feet; thence S 42° 33' 04" E, along said right-of-way, a distance of 99.48 feet; thence S 26° 55' 45" E, along said right-of-way, a distance of 225.54 feet to the northerly right of way of Highway 99 W; thence S 33° 05' 43" E, to the southerly right-of-way of Highway 99w and the west line of Highway 217 a distance of 127.63 feet ; thence S 18° 46' 14" E, along said right-of-way, a distance of 123.73 feet; thence S 64° 26' 56" W, leaving said westerly right-of-way, a distance of 201.24 feet; thence S 13° 32' 43" E a dist of 556.39 to the southeast corner of Lot 6 Tigard Road Gardens; thence S 84° 37' 29" W, along the south line of said lot 6, a distance of 373.00 feet to a point of a curve to the left; thence with a radius of 120.00 feet, a central angle of 83°23' 49" ( chord which bears S 42° 55' 35" W, 159.65 feet) and a length of 174.67 feet to a point of reversing curve to the right; thence along said curve to the right with a radius of 30.00 feet, a central angle of 86° 27' 32" ( a chord which bears S 44° 27' 26" W, 41.10 feet) and a length of 45.27 feet and a point of compound curve to the right; thence along said curve to the right with a radius of 25.00 feet, a central angle of 53° 07' 30" (a chord which bears N 65° 45' 03" W, 22.36 feet) and a length of 23.18 feet to the easterly right-of-way of SW Hall Blvd.; thence S 00° 43' 38" E, along said easterly line, a distance of 106.19 feet; thence S 00° 14' 13" W, a long said easterly right-of-way, a distance of 44.40 feet to the southwest corner of lot 3 Crow Park 217; thence S 79° 08' 55" E, along the southerly line of Crow Park 217, a distance of 158.56 feet to the northeast corner of lot 1 Knoll Acres; thence S 00° 30' 13" W, along the easterly line of lots 1, 2, 3, & 4 Knoll Acres, a distance of 407.30 feet to the northeast corner of lot 5 Knoll Acres; thence S 30° 16' 07" W, along the easterly line of said lot 5, a distance of 149.79 feet to the northerly right-of-way of SW Hunziker Street; thence S 51° 07' 28" W a distance of 78.45 feet to the intersection of the southerly right-of-way of SW Hunziker Street with the easterly right-of- way of SW Hall Blvd.; thence N 89° 17' 28" W a distance of 54.18 feet to the center line of SW Hall Blvd; thence along the center line of SW Hall Blvd. the following 9 courses; thence S 00° 42' 32" W a distance of 143.71 feet to a point of curve of a curve to the right; thence along said City of Tigard 5 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN curve to the right with a radius of 163.70 feet, a central angle of 44° 01' 33" (a chord which bears S 22° 43' 19" W, 122.71 feet) and a length of 125.79 feet to a point of tangency; thence S 44° 44' 05" W a distance of 455.02 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 179.05 feet, a central angle of 42° 08' 24" (a chord which bears S 23° 39' 53" W, 128.74 feet) and a length of 131.69 feet to a point of tangency; thence S 02° 35' 41" W a distance of 510.56 feet to a point of curve of a curve to the left; thence along said curve to the left with a radius of 190.99 feet, a central angle of 40° 59' 58" (a chord which bears S 17° 54' 18" E, 133.77 feet) and a length of 136.67 feet to a point of tangency; thence S 38° 24' 17" ea distance of 62.89 feet to a point of curve of a curve to the right; thence along said curve to the right with a radius of 190.99 feet, a central angle of 40° 07' 28" (a chord which bears S 18° 20' 33" W, 131.03 feet) and a length of 133.75 feet to a point of tangency; thence S 01° 43' 11" W a distance of 704.79 feet; thence N 88° 16' 45" W a distance of 35.01 feet to the northeast corner of parcel 1 Partition Plat 1992-069 on the westerly right-of-way of SW Hall Blvd; thence along the northerly and westerly lines of said Partition Plat the following 7 courses; thence N 19° 59' 47" W a distance of 36.96 feet; thence N 77° 33' 03" W a distance of 39.55 feet; thence N 68° 35' 31" W a distance of 63.16 feet; thence S 89° 17' 05" W a distance of 56.25 feet; thence N 81 ° 13' 33" W a distance of 92.73 feet; thence S 36° 40' 28" W a distance of 116.84 feet; thence S 57° 58' 03" W a distance of 43.20 feet; thence N 77° 47' 58" W a distance of 110.95 feet; thence S 02° 30' 20" W a distance of 422.27 feet to the northerly right-of-way of SW Omara Street; thence N 87° 45' 14" W, along the northerly right-of-way, a distance of 19.65 feet; thence S 03° 57' 44" W, along the westerly right-of-way of SW Omara Street a distance of 24.61 feet and a point on a non-tangent curve to the right; thence along said curve to the right with a radius of 145.90, a central angle of 67° 12' 06" (a chord which bears N 28° 27' 10" W, 161.48 feet) and a length of 171.12 feet to a point of tangency; thence N 05° 09' 15" E a distance of 10.48 feet; thence N 87° 56' 13" W a distance of 189.71 feet to the west line of Chelsea Hill; thence N 05° 09' 16" E, along the easterly line of Chelsea Hill a distance of 219.78 feet to the northeast corner of lot 10 Chelsea Hill; thence N 64° 24' 41" W, along the northerly line of said lot 10, a distance of 74.22 feet to the northwest corner of said lot 10; thence S 49° 33' 17" W, along the westerly line of said lot 10, a distance of 89.36 feet to the south west corner of said lot 10 and a point on a non-tangent curve to the left; thence along said curve to the left with a radius of 140.02, a central angle of 73° 14' 45" (a chord which bears N 77° 04' 28" W, 167.06 feet) and a length of 179.00 feet to the southeast corner of lot 27 Chelsea Hill; thence N 60° 54' 15" W, along the easterly line of said lot 27, a distance of 149.70 feet to the northeast corner; thence S 76° 32' 45" W, along the northerly line of lots 27 and 28 Chelsea Hill, a distance of 90.00 feet to the north west corner of said lot 27 being on the northerly line of Chelsea Hill No. 2; thence N 41 ° 41' 53" W a distance of 365.61 feet to the southeasterly line of Duck Creek Homes; thence along the southeasterly and the northeasterly line of Duck Creek Homes the following 5 courses; thence N 44° 27' 43" E a distance of 50.76 feet; thence N 25° 06' 01" W a distance of 73.15 feet; thence N 05° 03' 58" E a distance of 40.00 feet; thence N 66° 13' 57" E a distance of 18.50 feet; thence N 42° 08' 14" W a distance of 112.77 feet to the northwest corner of Duck Creek Homes; thence N 44° 28' 11" E a distance of 20.61 feet; thence N 45° 37' 33" W a distance of 323.71 feet to the southeasterly right-of-way of SW .Ash Avenue; thence N 03° 24' 44" W a distance of 64.23 feet to the northwesterly right-of-way of SW Ash Avenue; thence N 46° 00' 02" W a distance of 8.89 feet; thence N 11° 23' 27" W a distance of 37.80 feet; thence N 06° 58' 17" E a distance of 66.77 feet; thence N 62° 21' 40" E a distance of 74.94 feet; thence N 55° 04' 27" E a distance of 20.96 feet; thence N 68° 32' 03" City of Tigard 6 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN E a distance of 128.64 feet; thence N 04° 48' 15" W a distance of 20.53 feet; thence N 31 ° 55' 15" W a distance of 45.87 feet; thence N 04° 49' 50" W a distance of 29.66 feet; thence N 25° 58' 07" W a distance of 38.51 feet; thence N 35° 25' 15" W a distance of 26.85 feet; thence No 10 13' 41" W a distance of 56.21 feet; thence S 89° 56' 27"W a distance of 153.15 feet; thence S 00° 17' 37" W a distance of 58.36 feet; thence S 87° 16' 18" W a distance of 8.11 feet; thence N 29° 58' 44" W a distance of 32.03 feet; thence S 60° 43' 26".W a distance of 121.23 feet to a point of curve of a curve to the right; thence along said curve to the right with a radius of 5.74, a central angle of 119° 19' 37" (a chord which bears N 59° 21' 36" W, 9.91) and a length of 11.96 feet; thence N 09° 20' 42" W a distance of 21.71 feet; thence N 32° 36' 42" E a distance of 6.84 feet; thence N 54° 0 F 22" E a distance of 125.98 feet; thence N 65° 45' 21" E a distance of 46.97 feet; thence N 37° 15' 37" E a distance of 31.16 feet; thence N 191 47' 26" E a distance of 39.04 feet; thence N 50° 09' 42" E a distance of 30.34 feet; thence N 19° 52' 25" E a distance of 28.54 feet; thence N 00° 05' 29" E a distance of 12.05 feet; thence N 42° 39' 13" W a distance of 131.41 feet; thence N 50° 39' 11" W a distance of 42.13 feet; thence N 52° 46' 49" W a distance of 49.49 feet; thence S 76° 48' 05" W a distance of 122.38 feet; thence N 50° 23' 17" W a distance of 18.15 feet; thence N 12° 36' 16" W a distance of 15.14 feet; thence N 30° 33' 56" E a distance of 11.96 feet; thence N 73° 54' 00" E a distance of 160.89 feet; thence N 11 ° 50' 59" E a distance of 12.94 feet; thence N 08° 55' 19" W a distance of 49.31 feet; thence N 30° 48' 21" W a distance of 16.77 feet; thence N 42° 51' 49" W a distance of 366.50 feet to the southeasterly right-of-way of SW Main Street; thence S 49° 56' 02" W, along the southeasterly right-of-way, a distance of 124.67 feet to a point of curve of a curve to the right; thence along said right-of-way and said curve to the right with a radius of 180.29 feet, a central angle of 19° 05' 45" (a chord which bears S 59° 28' 55" W, 59.81 feet) and a length of 60.09 feet; thence N 55° 27' 11" W a distance of 222.29 feet to the intersection point of the northwesterly right-of-way of HWY 99w with the northerly right-of-way of SW Johnson Street; thence along the northwesterly right-of-way of HWY 99w the following 7 courses; thence N 85° 54' 17" E a distance of 14.06 feet; thence N 47° 15' 44" E a distance of 127.51 feet; thence N 44° 08' 14" E a distance of 307.71 feet; thence N 07° 33' 33" W a distance of 27.78 feet; thence N 46° 23' 16" E a distance of 366.71 feet; thence N 49° 49' 08" E a distance of 29.37 feet; thence N 51 ° 23' 28" E a distance of 295.46 feet to the southerly right-of-way of SW Tigard Street; thence N 62° 37' 00" W, along the southerly right of way of SW Tigard Street, a distance of 20.82 feet; thence N 46° 55' 01" E, along the southerly right of way of SW Tigard Street, a distance of 11.00 feet to a point 20.00 feet south of the center line of SW Tigard Street; thence N 49° 55' 59" W, parallel with and 20.00 feet from the center line of SW Tigard Street(when measured at right angles), a distance of 99.33 feet; thence N 62° 33' 24" W, parallel with and 20.00 feet from the center line of SW Tigard Street(when measured at right angles), a distance of 820.72 feet to a point at the extension of the westerly right-of-way; thence N 36° 24' 01" E a distance of 240.58 feet to the point of intersection of the northerly right-of-way of SW Commercial Street, 30.00 feet from the center line of SW Commercial Street ( when measured at right angles), with the extension of the westerly right-of-way of SW 95I' Ave; thence S 62° 32' 35" E, parallel with and 30.00 feet from the centerline of SW Commercial Street (when measured at right angels), a distance of 594.81 feet to the east right-of-way of SW Lincoln Avenue to a point on a curve to the left; thence along said curve to the left with a radius of 9.49 feet, a central angle of 100° 2 P 02" (a chord which bears S 14° 53' 25" E, 14.57 feet; and a length of 16.61 feet to the northerly right-of-way of SW Commercial Street; thence S 61 ° 24' 10" E, along said northerly right-of-way, a distance of 187.19 feet; thence S 55° 11' 17" E, City of Tigard 7 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN along said northerly right-of-way, a distance of 54.14 feet; thence S 51 ° 43' 30" E, along said northerly right-of-way, a distance of 153.60 feet to the southeast line of the John L. Hinklin DLC; thence N 46° 44' 38" E, along said Hinklin DLC line, a distance of 1204.91 feet to point of beginning. City of Tigard 8 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN V. URBAN RENEWAL PROJECTS Urban renewal projects authorized under the Plan, which may be, undertaken by the Agency, are described below and shown in Figures 2 to 7. To preserve and enhance the Area's natural resources, projects will be designed and implemented with consideration for ecologically sensitive areas and to minimize the impacts of development on the environment. Property acquisition may be required for these projects. Further, some of the projects described herein will require participation of other public agencies. A. Street Improvements Street Improvements projects are designed to improve multimodal circulation and connectivity within downtown Tigard. The projects will also facilitate access between downtown and adjacent residential, commercial and employment areas. To create a pedestrian environment that encourages active uses such as shopping, entertainment and commercial business activity, utilities may be under-grounded concurrent with street improvements. 1. Ash Avenue Extension, Scoffins to Burnham, Including RR Crossing The extension of Ash Avenue from Burnham Street to Commercial Street is a project under the Plan. A new railroad crossing will be developed as part of the project. 2. Scoffins Street/Hall Boulevard/Hunziker Re-Alignment The re-alignment of the Scoffins Street/Hall Boulevard/Hunziker Road intersection is a project under the Plan. Currently, Scoffins Street and Hunziker are poorly aligned, which increases congestion and slows traffic at this three-way intersection. 3. Hall Blvd/Highway 99W Intersection Improvements Improvements to the intersection of Hall Boulevard/Highway 99W are a project under the Plan. The project will improve multimodal circulation and safety and reduce congestion at this major intersection, which serves as an important gateway to downtown. 4. Greenburg Road/Highway 99W Intersection Improvements The City has recently commissioned a study that will determine what improvements will be needed to reduce congestion and increase multimodal circulation at the intersection of Greenburg Road and Highway 99W. Tax increment revenues may be used to finance recommended intersection improvements. 5. Burnham Street Improvements The reconstruction and widening of Burnham Street is a project under the Plan. City of Tigard 9 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 6. Center Street Improvements Upgrades and improvements to Center Street are a project under the Plan. - aj -7 A t 'x ~ S ' c 7Lt 111 y f X .,r~a`~q • Y u ~ ~ Pm't' 0 4 i if _ti ' v. dt 1 i A. Sheaf Improvement Projects 1 r 1. Ash Avenue Extension 4.~ 2. Scotflns / Hall / Hunziker Re-Alignment 3. Hall / 99W Intersection Improvements 4. Greenburg / 99W Intersection Improvements 5. Burnham Street improvements b. Center Street Improvements City Center Urban Renewal Pbn t0 PiopoMd upon ROn l Aron Trail S ,--RA rd. OR ® Twrnil cantor . Walen«ty i~/{ Tlne Mexv ~ Pain •y RCU~aad TurrryE Cruifuan street Improvement Projects 0 Haory 31E city Has Figure 2: Urban Renewal Street Improvement Projects City of Tigard 10 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN B. Streetscape Improvements The Tigard Downtown Improvement Plan identifies landscaping features, street trees and street furniture as improvements that will enhance the physical appearance of downtown and attract a broader range of users, including shoppers, tourists and commercial employers. Streetscape improvements on the following streets in the downtown area are a Project under the Plan: 1. Main Street 2. Burnham Street 3. Commercial Street 4. Ash Avenue 5. Scoffins Road 6. Center Street City of Tigard 1 l December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN tS T 217 N t. s \ M~ r I 1, : 1 A SV ~ + ~vP sC% tis f 4 j 3 S~ ' { „k B. Streetscape Improvement Projects 1. Main Street, 2. Burnham Street 3. Commercial Street 4. Ash Avenue ~t a u.. 5. Scotfins Road 0 125 6. Center Street F OW, t+a+m City Center Urban Renewal Plan JaP+oposod Ubon Renewal Neal --T,00 watermw S,IRA 15nu A1me Tigard, OR ® bansll Center 0 lRxory Park T'anry'E rjniJteoo Sheetseape Improvement Projects .N+RaMond Cily1101 Figure 3: Urban Renewal Streetscape Improvement Projects City of Tigard 12 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN C. Bike/Pedestrian Facilities Bike/Pedestrian Facilities are designed to facilitate safe and convenient multimodal access throughout the Urban Renewal Area. 1. Commuter Rail Access The provision of pedestrian access to the proposed downtown Tigard commuter rail station from Burnham Street is a project under the Plan. 2. Hall Blvd. This project will increase pedestrian access and safety by eliminating gaps in the sidewalk on the east side of Hall Boulevard and repairing sidewalks and curbs on both sides of Hall Boulevard as needed. 3. Scoffins Street The installation of bicycle lanes and sidewalks on Scoffins Street, which currently lacks pedestrian and bicycle facilities, is a project under the Plan. 4. Tigard Street This project will provide a new bike lane on the south side of Tigard Street and upgrade the existing bike lane on the north side to standard. 5. Highway 99W The installation of contiguous sidewalks on both sides of Highway 99W and a grade-separated bicycle/pedestrian crossing at Greenburg Road to increase pedestrian and bicycle safety is a project under the Plan. 6. Center Street The provision of sidewalks and bicycle lanes on Center Street is a project under the Plan. 7. Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue The design and construction of an enhanced pedestrian bridge over Fanno Creek, connecting to Ash Avenue, is a project under the Plan. This project will facilitate access between residential neighborhoods west of Fanno Creek and downtown and will be designed to minimize impacts to sensitive areas and preserve. wetlands buffers. 8. Conversion of Existing North Rail Corridor into a Multi-use Pedestrian Trail The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. This project will increase pedestrian access and provide new recreational opportunities for residents, workers and visitors to downtown. Key components of the project may include bio-swales, native vegetation, pervious pavement and low impact stormwater conveyance/treatment features that will distinguish downtown Tigard from other communities by promoting sustainable development. City of Tigard 13 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN 9. Tigard Street/Grant Bicycle/Pedestrian Crossing The design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks is a project under the Plan. The crossing will facilitate circulation and access to downtown by non-motorized vehicles. Automobiles and other motorized vehicles will be prohibited. a, Z . 6 p~tis 3 I < '1 Psi, N ~ O Is f L ~tv rs C. bicycle and Pedestrian Projects 1. Commuter Rail Access 2. Hall Blvd. Pedestrian Improvements * " r 3. Scottins St. Bike 1 Ped improvements' a. Center St. Bike / Ped improvements 5. Pedestrian Bridge Over Fanno Creek y 6. North Rail Corridor Pedestrian TraB 7. Tigard !Grant Ped Crossing 13 , =w^- City Center Urban Renewoi Man C3 AunowdLtb..2 wm.,INIX~.r~u f1.~ 9 imnPo CemM, S~1R{ Tn tlwa/ Tigard. OR Pmt ;Y L ~aiJrmo Bicycle and PedesMan Projects 0 rnxar 1 . Ycilond rya: . Cwha Figure 4: Urban Renewal Bicycle/Pedestrian Projects City of Tigard 14 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN D. Parks 1. Fanno Creek Park Improvements Upgrades and improvements to Fanno Creek Park, as well as the preservation and restoration of environmentally sensitive areas, is a project under the Plan. 2. Skateboard Park The construction of a new skateboard park is a project under the Plan. The proposed location of the skateboard park is the City Hall parking lot. ~N - , i PS , ' Otil'~ PO ~4 f 2 0. Park Improvements 1. Fonno Creek Pork. Improvements 2. Skateboard Pork 0 r.~ sn city Center U(bon Renewal Plan OPupourr ae»n Rnwr oNeu -.VIM S:~1~ n..H>n Tigardn ®,MVMMC'.d. "+^WOWr++rv :waryI GMdirlm ParkImpravemenk 81".Y PnI 4ryrral Rn*.w Figure 5: Urban Renewal Parks Projects City of Tigard 15 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN E. Public Spaces 1. Green Corridor/Urban Creek The development of a green corridor/urban creek that will extend from the intersection of Highway 99W and Hall Boulevard through downtown and to Fanno Creek in a project under the Plan. Key components of the project may include bio-swales, native vegetation, pervious pavement and other low impact stormwater conveyance/treatment features. 2. Plazas The design and construction of public plazas that will serve as public gathering spaces is a project under the Plan. This project will encourage a broader range of active and passive recreational uses in downtown and attract more residents and visitors to the area. 3. Urban Green Spaces The development of high quality urban green spaces suitable for a range of recreational uses is a project under the Plan. Similar to the plazas project, this project will increase the overall livability and attraction of the downtown area. The urban green space will be designed to promote the preservation and restoration of environmentally sensitive areas. 4. Public Market The design and development of a public market in the proposed public use area near Fanno Creek is a project under the Plan. City of Tigard 16 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN I it dG~y 3 01 Iigp t r - r ,.i . r~ - t ~Jf E. Public Space Improvements 1. Green Corridor / Urban Creek 2. Plazas (Exact Locations TBD) 3. Urban Green Spaces (Exact Locations TBD) 4. Public Market (Exact Location TBD) ' d r^S ~ YA 750 F"II raNrrr Imfm., ItJl~p ® - City Center urban Renewal Plan Pro{.rased Ulxm Rwieuntl AfP.cr bail 5~~~ nAO *t„m Tigard, OR Gonslt Center Walenwcry Nanry E C~uitleao Public Space improvements 0 library Park r , city wo RNrow Figure 6: Urban Renewal Public Spaces Projects City of Tigard 17 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN F. Public Facilities The Plan includes the following public facilities. Prior to the expenditure of tax increment revenues for any of these projects, the Agency will be required to adopt a Minor Amendment to the Plan (as provided in Section XII) explaining how the facility serves or benefits the Area, and further stating the proportion of the benefits of these facilities that will accrue to the Area and finding that the amount of the expenditure is proportional to the amount of benefit to the Area. Design and development will be a part of all proposed public facilities projects identified in the Plan. I . Performing Arts Center The design and construction of a performing arts center in downtown Tigard is a project under the Plan. This project, which is recommended in the Tigard Downtown Improvement Plan, will provide new entertainment and recreation opportunities that will attract residents and out-of-town visitors to downtown. 2. Public Parking Facilities The design and construction of new public parking facilities is a project under the Plan. As new shopping, recreational and entertainment uses, including the proposed performing arts center and public market, are established in the downtown area, new public parking facilities will be needed to accommodate the anticipated increase in parking demand. 3. Post Office Relocation The relocation of the existing downtown post office is a project under the Plan. 4. Public Market Area The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan. 5. Post Office Relocation The relocation of the existing downtown post office is a project under the Plan. City of Tigard 18 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN C 2 1Y 1\ h 4 y4~~~! 3. i. ~5 r H.` F. Public Facilities (Exact Locations TBD) 1. Performing Arts Center t : • . 2. Public Parking Facilities ~ 3. Post Office Relocation 4. Public Market Area 5. Public Restrooms o ,u rte,; City Center Urban Renewal Plan Tigard, OR Proposan lltxra kanawnl Aran Trail S g3 r Tlnc blosm e Nmr +e.~-wn,e,way of ~ Iransii Coniar `y'E „ ,G►,n-,i,,.dean Public Facilities Library Pn,k E city "m 1%,-Rcilkoad Figure 7: Urban Renewal Public Facilities Projects City of Tigard 19 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN G. Planning and Development Assistance Offering the following types of planning and development assistance to support the development, redevelopment and rehabilitation of private property in the Area is a project under the Plan. Detailed rules and regulations for the administration of financial and technical assistance programs will be established by the Agency after adoption of the Plan in order to ensure that urban renewal funds are used in compliance with the Plan and for the agreed upon Plan purposes. The adoption and amendment of such programs, rules and regulations would not be considered changes to the Plan. 1. Rehabilitation/Redevelopment Grant/Loan Program The Urban Renewal Plan authorizes loans and/or grants for property rehabilitation and redevelopment. Property to be improved may be residential or commercial. Loans may be at or below market rates, and assistance can include direct loans or guarantees of loans made by third parties. 2. New Development Grant/Loan Program In addition to providing rehabilitation and redevelopment assistance, the Urban Renewal Plan authorizes loans and/or grants for new development. Property to be improved may be residential or commercial. Loans may be at or below market rates, and assistance can include direct loans or guarantees of loans made by third parties. 3. Technical Assistance Program The Urban Renewal Plan authorizes technical assistance in the form of site studies, market studies, feasibility analyses, engineering and design and other activities directly related to development of property in the urban renewal area. Examples of such technical assistance may include structural analysis of downtown building to promote rehabilitation of underutilized buildings and relocation strategies for existing downtown businesses seeking to move to an alternative site within the urban renewal area. 4. Commercial Fagade Improvement Loans To create a distinct identity for downtown Tigard that is visually appealing and unified, the Urban Renewal Plan authorizes fagade improvement loans for commercial development. Improvements will be used to enhance the architectural integrity and character of historic commercial buildings and storefronts in need of a "face lift." VI. RELATIONSHIP TO LOCAL OBJECTIVES The Plan addresses local planning and development objectives contained in the City's Comprehensive Plan, Development Code, Transportation System Plan, Park System Master Plan and the Tigard Downtown Improvement Plan. Adopted in 1982 and last revised in January 2005, the Comprehensive Plan identifies goals and policy objectives that will promote growth City of Tigard 20 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN that is both sustainable and supportive of the community's desire to maintain high livability standards. The City's Development Code is updated on an ongoing basis and the TSP was adopted in January 2002. The Park System Master Plan was adopted in July 1999. Under the guidance of local residents, business owners and other community stakeholders, the City has undertaken the development of a long-range development plan for downtown Tigard. The Tigard Downtown Improvement Plan will provide a long range planning strategy for development in downtown Tigard. A. City of Tigard Community Development Code The City of Tigard Community Development Code establishes zoning districts, which govern allowed uses and contain development standards. The Area encompasses property within the City's commercial and industrial zoning districts. According to the City's Development Code, the purpose of commercial zoning districts is to provide a comprehensive range of commercial services - including retail and office uses - that are conveniently accessible to motorists, bicyclists and pedestrians and designed to minimize potential adverse impacts on surrounding residential neighborhoods. Further, in compliance with the City of Tigard Comprehensive Plan, the commercial zoning districts are intended to provide a wide range of employment opportunities and economic benefits for local residents. The purpose of Tigard's industrial zoning districts is to provide a broad range of industrial services and jobs within the City of Tigard that are conveniently accessible to local residents. A detailed description of commercial and industrial zoning districts within the Area and corresponding development standards are described in Section VII below. The Plan implements the public investments necessary to generate development that is consistent with Central Business District, General Commercial, Professional Commercial and Mixed Use Employment Districts as well as the R-4.5 Low-Density Residential District, R-12 Medium-Density Residential District and R-25 Medium High-Density District. Further, the Plan will help ensure that the Area develops efficiently, with high quality, attractive development that creates an identity and sense of place unique to downtown Tigard. B. Tigard Comprehensive Plan Goals and Policies The Tigard Comprehensive Plan identifies goals and policies that address the City of Tigard's long range planning and development objectives. Of particular relevance to the Plan are goals and policy directives contained in the Natural Features and Open Space, Economy, Housing, Transportation and Special Areas of Concern sections. Natural Features and Open Space The Comprehensive Plan identifies policies intended to preserve and enhance the City's natural areas, including wildlife habitat areas, wetlands sites and other environmentally sensitive areas. Further, natural features and open space policies call for the development City of Tigard 21 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN of an adequate system of open space, recreation lands and facilities to maintain and improve community livability and the preservation and enhancement of historically and culturally significant resources. Natural Areas policies supported by the Plan include: Policy 3.4.2 The City Shall: a. Protect fish and wildlife habitat along stream corridors by managing the riparian habitat and controlling erosion, and by requiring that areas of standing trees and natural vegetation along natural drainage courses and waterways be maintained to the maximum extent possible. Policy 3.5.1 The City shall encourage private enterprise and intergovernmental agreements which will provide for open space, recreation lands, facilities, and preserve natural, scenic and historic areas in a manner consistent with the availability of resources. Policy 3.5.3 The City has designated the 100-Year Floodplain of Fanno Creek, its tributaries, and the Tualatin River as Greenway, which will be the backbone of the open space system. Where Landfill and/or development are allowed within or adjacent to the 100-Year Floodplain, the City shall require the consideration of dedication of sufficient open land area for greenway adjoining and within the floodplain. Policy 3.5.4 The City shall provide an interconnected pedestrian/ bike path throughout the City. Policy 3.7.1 The City shall identify and promote the preservation and protection of historically and culturally significant structure, site, objects and districts within Tigard. The Plan identifies Parks, Public Spaces and Bicycle/Pedestrian Facilities projects, including but not limited to the Fanno Park Improvements, Urban Creek/Green Corridor and Urban Green Spaces projects, which will further the Comprehensive Plan's Natural Areas policy objectives. In addition to preserving and upgrading existing parks and natural areas such as Fanno Creek Park, the Plan will facilitate the creation of "green" amenities and pedestrian/bicycle facilities that will provide new active and passive City of Tigard 22 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN recreational opportunities for residents, downtown workers and visitors and improve connectivity between downtown and adjacent neighborhoods. Economy The Comprehensive Plan identifies policies intended to diversify and improve Tigard's economic and employment base, including specific policies that address economic needs in the Central Business District. Economic policies supported by the Plan include: Policy 5.1 The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Policy 5.3 The City shall improve and enhance the portions of the central business district as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area. One of the Plan's stated goals is to "Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments." The Plan identifies intersection improvements, such as the Hall Blvd/99 W Intersection Improvements project, road widening and realignment projects and other street projects that will improve circulation and access in and around downtown. In addition, the Plan authorizes streetscape projects and pedestrian/bicycle improvements that will make downtown safer and more accessible to pedestrians and bicyclists by filling in gaps in the existing sidewalk system, providing new or upgraded bike lanes, and establishing new multiuse trails and pedestrian crossings. Finally, the Plan includes parks, public spaces and public facilities projects that will make downtown a more appealing place to do business and facilitate the transition of existing industrial and auto-oriented uses to locations outside of the Central Business District. Housing The Comprehensive Plan identifies the provision of high quality housing of varying densities, types and affordability levels as a critical long range planning goal. Tax increment revenues generated under the Plan may be used to fund development and technical assistance programs that will facilitate residential development that meets the diverse housing needs of Tigard's citizens, as prescribed below: City of Tigard 23 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Policy 6.1.1 The City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. In addition to financing the programs described in Section IV, the Plan includes public improvements projects that will make the Area a more attractive and viable location for new, high quality medium- and high-density residential development in downtown Tigard. Transportation The Comprehensive Plan identifies policies that are designed to provide safe and efficient multimodal circulation and access within downtown Tigard and between downtown and adjacent neighborhoods. Transportation policies supported by the Plan include: Policy 8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities; and b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Policy 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use; b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility; c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the Bicycle Master Plan. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway; d. Construction of sidewalks on all streets within Tigard. All schools, parks, public facilities and retail areas shall strive to have direct access to a sidewalk. e. Development of bicycle an pedestrian plans which link to recreational trails; City of Tigard 24 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections; and h. Tigard will support the development of a commuter rail system as part of the regional transit network. Policy 8.1.3 Strive to achieve a safe transportation system by the development of street standards, access management policies and speed controls when constructing streets, and by making street maintenance a priority and through a comprehensive program of engineering, education and enforcement. b. Design safe and secure pedestrian and bikeways between parks and other activity centers in Tigard. Policy 8.1.5 Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel by: a. The design and construction of transportation facilities to meet the requirements of the Americans with Disabilities Act; and b. The development of neighborhood and local connections to provide adequate circulation in and out of the neighborhoods. Policy 8.2.1 The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Policy 8.3.1 The City shall coordinate with Tri-met to provide for a public transit system within the planning area which: a. Meets the needs of both the current and projected, for the Tigard community; b. Addresses the special needs of a transit dependent population; c. Reduces pollution and traffic; and d. Reduces energy consumption. Policy 8.3.2 The City shall encourage the expansion and use of public transit by: City of Tigard 25 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN a. Locating land intensive uses in close proximity to transitways; and c. Supporting efforts by Tri-met and other groups to provide for the needs of the transportation disadvantaged. Policy 8.5.1 The City shall locate bicycle/pedestrian corridors in a manner which provides for pedestrian and bicycle users, safe and convenient movement in all parts of the City, by developing the pathway system shown on the adopted Pedestrian/Bikeway Plan. In conjunction with proposed street improvements, the Plan provides for new bike lanes and sidewalks as well as upgrades to inadequate bicycle and pedestrian facilities. These projects will increase multimodal access and circulation throughout the Area. Further, to improve neighborhood livability and create a visually appealing streetscape environment that draws residents and visitors to downtown and promotes more active commercial, recreation and entertainment uses, landscape improvements, street trees, street furniture and other streetscape improvements are identified as key components of the Plan. Special Areas of Concern The Comprehensive Plan identifies downtown Tigard and the Central Business District as a Special Area of Concern. Existing uses include a mix of older, substandard commercial and residential development, and industrial buildings that do not conform to the Comprehensive Plan's long term vision for downtown Tigard. To make downtown a more attractive destination for shopping, dining and a variety of entertainment and recreational activities, the Plan includes transportation, streetscape, public facilities and public spaces projects designed to create a visually distinct, unified character. The Plan also supports development and technical assistance programs designed to help local business and property owners rehabilitate and upgrade substandard buildings and create new quality development in downtown. The Plan supports the following Special Area of Concern policies: Policy 11. The redevelopment of downtown Tigard shall be accomplished in order to make it complementary to newer shopping areas. Convenience, appearance and the needs of the shopping public should be primary considerations. Polic, l~ 1.6.3 Require that all development permitted in Action Areas be designed to facilitate pedestrian movement within the center and to transit. City of Tigard 26 December 6, 2005 DRAFT C17Y CENTER URBAN RENEWAL PLAN Proposed pedestrian and bicycle improvements, such as the Commuter. Rail Access and Tigard Street/Grant Pedestrian/Bicycle Crossing projects, will provide safe and convenient pedestrian access to local shops and transit. In addition, streetscape improvements along Main Street, Burnham Street, Commercial Street and other Area roadways will make downtown a more accommodating, pedestrian-oriented commercial district than it is today. Lastly, public facilities projects such as the Performing Arts Center and Public Market will generate support for new and existing businesses that provide entertainment and recreational options for downtown visitors. C. Transportation System Plan Goals and Policies Adopted in 2002, the TSP identifies goals and policy objectives intended to create a transportation system that enhances community livability and facilitates safe and convenient multimodal access to Tigard residents and visitors. The Plan's goals, objectives and transportation infrastructure projects directly address or correlate to planning needs identified in the TSP's goals and policies. Of particular relevance to the Plan are the following transportation system goals and policies, identified in Chapter 2 of the TSP: Goal 1: Livability Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard. Policy 2 - Encourage pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Goal 2: Balanced Transportation System Provide a balanced transportation system, incorporation all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) Policy 1 - Develop and implement public street standards that recognize the multi purpose nature of the street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use. Policy 3 - Bicycle lanes must be constructed on all arterials and collectors within Tigard consistent with the Bicycle Master Plan (with construction or reconstruction projects). All schools, parks, public facilities and retail areas shall have direct access to a bikeway. Policy 4 - Sidewalks must be constructed on all streets within Tigard (with construction or reconstruction projects). All schools, parks, public facilities and retail areas shall have direct access to a sidewalk. City of Tigard 27 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Policy 6 - Local streets shall be designed to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel. Provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections. Policy 8 - Tigard will support the development of a commuter rail system as part of the regional transit network. Goal 3: Safety Strive to achieve a safe transportation system by developing street standards, access management policies and speed controls when constructing streets, by making street maintenance a priority and through a comprehensive program of engineering, education and enforcement. Policy 3 - Safe and secure pedestrian and bikeways shall be designed between parks and other activity centers in Tigard. Goal 5: Accessibility Develop transportation facilities which are accessible to all members of the community and minimize out of direction travel. Policy I - Design and construct transportation facilities to meet the requirements of the Americans with Disabilities Act. Policy 2 - Develop neighborhood and local connections to provide adequate circulation in and out of the neighborhoods. Goal 6: Goods Movement Provide for efficient movement of goods and services. Policy I - Design arterial routes, highway access and adjacent land uses in ways that facilitate the efficient movement of goods and services. The Plan includes streetscape improvements and bicycle/pedestrian system improvements designed to encourage alternative modes of transportation to the automobile. By filling gaps in the existing sidewalk system, installing new bike lanes and upgrading existing bikeways to standard, the Plan will help create a complete system of bicycle and pedestrian facilities that enables pedestrians and bicyclists to commute safely and efficiently to and within downtown. The Plan includes street improvements that will address motor vehicle needs in and around downtown Tigard. Projects such as the Scoffins Street/Hall Boulevard/Hunziker City of Tigard 28 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Realignment and Highway 99W intersection improvements will reduce congestion and improve circulation while creating a safer environment for drivers, pedestrians and bicyclists. D. City of Tigard Park System Master Plan The City of Tigard Park System Master Plan is guided by the following vision: "Through building connections, the City of Tigard will provide a park system that: • Contributes to overall community livability and pride; • Balances the impacts of growth and increasing density with parks and greenspaces; • Reduces auto-dependency and enhances recreation opportunities by connecting recreation resources, community destinations, and neighborhoods with trails and greenways; • Fosters stewardship of natural resources such as floodplains and waterways; • Provides equitable distribution of parks and recreation opportunities throughout the City; • Provides safe and well-maintained parks and recreation facilities; and • Provides for effective and economically sound management of public resources." Chapter Six Recommendations provides detailed recommendations for park facilities, maintenance, management, and recreation programs. Of particular relevance to the Plan are the following Parks recommendations: • "Renovate and expand existing parks to improve park condition, increase recreational opportunities, meet current safety requirements, and provide access for people with disabilities;" • "Provide an interconnected pedestrian and bicycle system that links Tigard's parks, greenspaces, neighborhoods, work places, schools, and commercial centers;" and • "Mitigate the effects of development by providing pocket parks/urban plazas in commercial areas." The Plan includes multiple projects that support the City's park system vision and recommendations. In particular, the Fanno Creek Park Improvements and Enhanced Pedestrian Bridge, Urban Creek/Green Corridor and Urban Green Spaces projects will upgrade and increase multimodal access to existing parks and open space areas and create new green space and recreational areas that will draw residents, shoppers and visitors to downtown Tigard. City of Tigard 29 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN E. Tigard Downtown Improvement Plan The Tigard Downtown Improvement plan is guided by four primary objectives: "First and foremost, the TDIP seeks to carry out the City Council's goal to revitalize Downtown Tigard. Second, the TDIP is a downtown "improvement" plan, one that builds upon the good "bones" of the current Downtown area, and that builds upon the sound foundation of community-based planning to serve as the "master conceptual plan" for the area. Third, an overarching objective of the Plan is to ensure that Downtown Tigard will serve the community's stated future needs for an active, mixed use "urban village". Finally, the TDIP must meet the objectives of the Metro Functional Plan for a Town Center, as that plan designates Tigard's downtown area as a Town Center." The Tigard Downtown Improvement Plan provides a vision, design guidelines and a series of catalyst projects that will foster development that is compatible with the "urban village" concept. The Plan supports projects and programs that will facilitate the implementation of the prescribed catalyst projects, many of which are included in the Urban Renewal Projects and Programs section. VII. PROPOSED LAND USES Land uses within the Area are governed by the City of Tigard Development Code. The Development Code establishes zoning districts that implement the Tigard Comprehensive Plan. The districts govern the allowed uses and contain development standards. Currently, land in the Area is within the Central Business District (CBD), General Commercial (C-G), Professional Commercial (C-P), R-4.5 Low-Density Residential (R-4.5), R-12 Medium- Density Residential (R-12) and R-25 Medium High-Density Residential (R-25) zoning districts. The purpose of the districts is described in the Development Code as follows: A. Central Business District "The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally." Most development in the CBD is not subject to minimum setbacks. However, 20 foot front, side and rear yard setbacks are required where a commercial use abuts a residential zoning district. A maximum site coverage of 85% and a minimum landscape requirement of 15% are required. With exception of buildings within 100 feet of any residential zoning districts, where a 40 foot height restriction applies, a maximum height of 80 feet is prescribed for development in the CBD zone. City of Tigard 30 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN B. General Commercial "The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally." Generally, development in the C-G zone is not subject to minimum setbacks. However, 20 foot side and rear yard setbacks are required where the zone abuts a residential zoning district. A maximum site coverage of 85%, minimum landscape requirement of 15% and maximum height limit of 45 feet are also prescribed. C. Professional Commercial "The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more- intensive commercial and industrial areas." With the exception of property abutting a residential zoning district, where 20 foot side and rear yard setbacks are required, minimum setbacks are not required in the C-P Zone. A maximum site coverage of 85%, minimum landscape requirement of 15% and maximum height limit of 45 feet are required of all development in the C-P zone. D. R-4.5 Low-Density Residential District "The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally." The minimum lot size in the R-4.5 zone ranges from 7,500 square feet for detached housing units to 10,000 for duplexes. The average minimum lot width is 50 feet for detached unit lots and 90 feet for duplex lots. All residential development is subject to a maximum height of 30 feet and minimum setbacks of 20 feet (front yard), 5 feet (side yard) and 15 feet (rear yard). A minimum distance of 20 feet between a property line and City of Tigard 31 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN the front of a garage is also required. The R-4.5 zone does not impose a minimum landscape requirement or lot coverage standard. E. R-12 Medium-Density Residential District "The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally." Multiple-family dwelling units in the R-12 zone are subject to minimum front and rear yard setbacks of 20 feet and a minimum side yard setback of 10 feet. Single-family dwelling units are subject to minimum front and rear yard setbacks of 14 feet and a minimum side yard setback of 5 feet. For both multiple-family and single-family dwelling units, a 30 foot setback is required for a side or rear yard abutting a more restrictive zoning district. A maximum building height of 35 feet, maximum lot coverage of 80% and minimum landscape requirement of 20% are also specified. F. R-24 Medium High-Density Residential District "The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally." A minimum lot size of 3,050 square feet per unit for detached single-family dwelling units and 6,100 square feet or 3,050 square feet per unit for duplexes is required in the R- 25 zone. Multiple-family dwelling units are subject to minimum front and rear yard setbacks of 20 feet and a minimum side yard setback of 10 feet. Single-family dwelling units are subject to minimum front and rear yard setbacks of 14 feet and a minimum side yard setback of 5 feet. For both multiple-family and single-family dwelling units, a 30 foot setback is required for a side or rear yard abutting a more restrictive zoning district. A maximum building height of 45 feet, maximum lot coverage of 80% and minimum landscape requirement *of 20% are also specified. VIII. PROPERTY ACQUISITION AND DISPOSITION The Plan authorizes the acquisition and disposition of property as described in this section. Property includes any and all interests in property, including fee simple ownership, lease, easements, licenses or other rights to use. A. Property Acquisition - From Willing Sellers The Plan authorizes the Agency acquisition of any interest in property within the Area, including fee simple interest, to support private redevelopment, only in those cases where the property owner wishes to convey such interests to the Agency. The Plan does not authorize use of the power of eminent domain to acquire property for private redevelopment. City of Tigard 32 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Property acquisition for those public improvements projects authorized in Section IV will be required. The Agency is not granted eminent domain authority under the Plan. Therefore, it the Agency cannot acquire the property needed for the described public improvements through negotiation and voluntary sale, the acquisition will be undertaken by the City of Tigard or other public entity under its independent eminent domain authority. Property acquisition from willing sellers may be required to support development of retail, office, housing and mixed use projects within the Area. B. Land Disposition The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VIII A. Property shall be conveyed at its fair reuse value. Fair reuse value is the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects . limitations on use of the property to those purposes specified in the Plan, the value may be lower than the property's fair market value. Property disposition may be required to support development of retail, office, housing and mixed use projects within the Area. IX. RELOCATION METHODS As described in Section VIII, the Plan authorizes the acquisition of property by willing sellers only. Relocation benefits must be paid for any public acquisition, whether the acquisition is voluntary or involuntary. Therefore, before the Agency acquires any property, the Agency will adopt relocation regulations. X. TAX INCREMENT FINANCING OF PLAN Tax increment financing consists of using annual tax increment revenues collected by the Agency to make payments on debt incurred by the Agency, usually in the form of tax increment bonds. The proceeds of the bonds are used to pay for the urban renewal projects authorized in the Plan. Debt, including bonds, may be both long-term and short-term, and does not require voter approval. Tax increment revenues equal most of the annual property taxes imposed on the cumulative increase in the total assessed value within an urban renewal area over the total assessed value at the time an urban renewal plan is adopted. (Under current law, the property taxes for general obligation ("GO") bonds and local option levies approved after October 6, 2001 are not included in tax increment revenues.) City of Tigard 33 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN A. General Description of the Proposed Financing Methods The Plan will be financed using a combination of revenue sources. These include: • Tax increment revenues; • Advances, loans, grants and any other form of financial assistance from the Federal, State or local governments or other public body; • Loans, grants, dedications or other contributions from private developers and property owners; and • Any other source, public or private. Revenues obtained by the Agency will be used to pay or repay costs, expenses, advancements and indebtedness incurred in planning or undertaking project activities or otherwise exercising any of the powers granted by ORS Chapter 457 in connection with the implementation of this Plan. B. Tax Increment Financing and Maximum Indebtedness The Plan may be financed, in whole or in part, by tax increment revenues allocated to the Agency as provided in ORS Chapter 457. The ad valorem taxes, if any, levied by a taxing district in which all or a portion of the Area is located, shall be divided as provided in section 1 c, Article IX of the Oregon Constitution, and ORS 457.440. Amounts collected pursuant to ORS 457.440 shall be deposited into the unsegregated tax collections account and distributed to the Commission based upon the distribution schedule established under ORS 311.390. The maximum amount of indebtedness that may be issued or incurred under the Plan, based upon good faith estimates of the scope and costs of projects in the Plan and the schedule for their completion is Twenty Two Million Dollars and No Cents ($22,000,000). This amount is the principal of such indebtedness and does not include interest or indebtedness incurred to refund or refinance existing indebtedness. C. Prior Indebtedness Any indebtedness permitted by law and incurred by the Agency or the City of Tigard in connection with the preparation of this Plan or prior planning efforts related to this Plan may be repaid from tax increment revenues from the Area when and if such funds are available. D. Impact of Tax Increment Financing on Public Schools This Plan has been adopted with consideration of information in the Report accompanying the Plan regarding the impact of tax increment financing on the K-12 Public School system. Under current law providing for substantial state funding of K-12 schools, the tax increment financing of this Plan has minimal impacts on the revenues received by the Tigard Tualatin School District. City of Tigard 34 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN XI. DURATION OF PLAN No new indebtedness to be repaid with tax increment revenues may be incurred after the twentieth anniversary of the effective date of the Plan. As is common practice in urban renewal plans in Oregon, tax increment revenues may continue to be collected beyond this date. Collection may continue until it is found that deposits in the Commission's debt service fund are sufficient to fully pay principal and interest on indebtedness issued during the twenty years following the effective date of the Plan, either through direct payment of the indebtedness or by payment of principal and interest on bonds or notes issued to finance the indebtedness. Tax increment revenues collected after the twentieth anniversary of the Plan may only be used to retire outstanding debt. The Plan will be effective on the date that the County certifies the results of the election at which the Tigard voters approve the measure that referred an ordinance approving an urban renewal plan to the Tigard voters. XII. FUTURE AMENDMENTS TO PLAN The Charter of the City of Tigard (Section 47) requires that the City Council refer to Tigard voters the ordinance approving an urban renewal plan at. a regular or special City election held in May or November. It further requires that amendments to an urban renewal plan that "would or could involve the levying of a tax on properties outside the urban renewal area to pay the debts or obligations to be incurred in carrying out the plan" must be similarly approved by Tigard voters (Section 48). Though the tax increment financing of the Plan does not involve levying of a tax, amendments that increase the maximum amount of indebtedness may increase the amount of tax increment revenues. For this reason, such amendment is classified as a Substantial Amendment Requiring Voter Approval, as discussed in this section. A. Substantial Amendments Amendments that increase the maximum indebtedness of the Plan and add land to the urban renewal area that totals more than 1% of the total plan area are classified as substantial amendments. 1. Substantial Amendments Requiring Voter Approval Substantial Amendments Requiring Voter Approval consist of increasing the maximum amount of indebtedness. Such amendments shall require City Council approval by non-emergency ordinance and an affirmative vote when referred to Tigard voters for approval. 2. Substantial Amendments Not Requiring Voter Approval Substantial Amendments Not Requiring Voter Approval consist of adding land to the urban renewal area that totals not more than I% of the original plan area. Substantial amendments as described under Subsection XII A require the same notice, hearing and approval procedure required of the original urban renewal plan, including public involvement, consultation with taxing districts, presentation to the Planning City of Tigard 35 December 6, 2005 DRAFT CITY CENTER URBAN RENEWAL PLAN Commission, special notice to City of Tigard households of a hearing by the City Council on the ordinance adopting the substantial amendment, and adoption of the amendment by non-emergency ordinance. B. Council Approved Amendments Council-Approved Amendments consist solely of the following amendments: • Material changes to the goals and objectives of the Plan. • Addition or expansion of a project that adds a cost in 2005 dollars of more than $500,000 and is materially different from projects previously authorized in the Plan. • Extending the duration of the Plan. Council-Approved amendments require both the approval by the Agency by resolution and approval of the City Council. The City Council may approve the amendment by resolution. C. Minor Amendments Minor Amendments are amendments that are neither Substantial Amendments nor Council-Approved amendments. Minor amendments require approval by the Agency by resolution. D. Amendments to the City of Tigard Comprehensive Plan and/or Development Code Amendments to the City of Tigard Comprehensive Plan and/or Development Code that affect the Urban Renewal Plan and/or the Urban Renewal Area do not require separate approval by the Agency or City Council, but when such amendments are adopted, the Plan is deemed to have been revised to be consistent with such amendments. City of Tigard 36 December 6, 2005 REPORT ACCOMPANYING THE CITY CENTER URBAN RENEWAL PLAN December 6, 2005 Tashman Johnson, LLC Cascade Economic Planning SERA Urban Land Economics Jeannette Launer, Attorney CITY OF TIGARD LIST OF PARTICIPANTS City Center Advisory Commission Members Jim Andrews Carolyn Barkley Gretchen Buehner Alexander Craghead Suzanne Gallagher Alice Ellis Gaut Marland Henderson Ralph Hughes Lily Lilly Mike Marr Judy Munro Roger Potthoff Mike Stevenson Carl Switzer City of Tigard Staff James Hendryx, Community Development Director Tom Coffee, Interim Community Development Director Barbara Shields, Long Range Planning Manager Duane Roberts, Associate Planner Consultants Jeffrey Tashman, Tashman Johnson LLC Tina Mos'ca, Cascade Economic Planning Matt Arnold, SERA Architects Nancy Guitteau, Urban Land Economics Jeannette' Launer, Attorney TABLE OF CONTENTS I 1. Introduction ....................................................................................................................................3 i H. Existing Physical and Economic Conditions and Impact on Municipal Services .....................4 A. Physical Conditions ................................................................................................................4 B. Infrastructure 7 C. Social Conditions 8 D. Economic Conditions ...........................................................................................................10 E. Impact on Municipal Services ..............................................................................................13 1 III. Reasons for Selection of Each Urban Renewal Area in the Plan .............................................14 IV. Compliance with Statutory Limits on Assessed Value and Size of Urban Renewal Area .....14 V. The Relationship between Urban Renewal Projects and the Existing Conditions in the Urban Renewal Area ....................................................................................................................15 A. Street Improvements ............................................................................................................15 B. Streetscape Improvements ....................................................................................................16 C. Bike/Pedestrian Facilities .....................................................................................................17 D. Parks .....................................................................................................................................18 E. Public Spaces .......................................................................................................................19 F. Public Facilities ....................................................................................................................20 VI. The Estimated Total Cost of Each Project and the Sources of Moneys to Pay Such Costs... 23 VII. The Antic I ipated Completion Date for Each Project: .................................................................30 VIII. The Estimated Amount of Tax Increment Revenues Required and the Anticipated Year in which Indebtedness will be Retired ............................................................................................30 IX. Financial' Analysis of the Plan .....................................................................................................30 X. Impact ofjthe Tax Increment Financing, Both Until and After the Indebtedness is Repaid, Upon All Entities Levying Taxes Upon Property in the Urban Renewal Area .......................31 XI. Relocation Methods ......................................................................................................................32 f i DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 1. INTRODUCTION The City Center Urban Renewal Report (the "Report") contains background information and project details for the City Center Urban Renewal Plan (the "Plan"). The Report is not a legal part of the Plan brut is intended to provide public information that will guide the City Council and Tigard voters as part of their approval of the Plan. The Report provides the information required in ORS 457.085(3). The format of the Report is based on this statute. City of Tigard 3 December 6, 2005 DRAFT REPORT ON CITY CENTER UR13AN RENEWAL PLAN - v2 II. EXISTING PHYSICAL AND ECONOMIC CONDITIONS AND IMPACT ON MUNICIPAL SERVICES This section of the Report describes existing conditions within the City Center Urban Renewal Area (the "Area"[), documenting the occurrence of "blighted areas" as defined by ORS 457.010(1). A. Physical Conditions 1. Land Use and Zoning The Area contains approximately 193.71 acres and comprises 2.6% of the City's 7439.1 acres of total land area. It contains 193 individual properties, most of which are in the City's Central Business District (CBD) zoning district. The Area is served by two major transportation corridors, Highway 99W and Hall Boulevard, which provide access to downtown Tigard from surrounding commercial, industrial and residential neighborhoods. Two sets of railroad tracks, owned by Burlington Northern Sante Fe Railroad and operated by Portland and Western Railroad, Inc., extend through the heart of downtown Tigard and restrict access between the northern and southern portions of the CBD. Freight trains transporting industrial commodities such as forest products, manufactured industrial products, bulk feed and paper pass through the Area approximately eight times a day and create traffic congestion at rail crossings when switching occurs. Fanno Creek Park, which demarcates the southern edge of the Area's boundaries, is downtown's most significant natural resource and recreational amenity. The Plan includes projects that will strengthen linkages between downtown and Fanno Creek Park and expand the Park's role as a community gathering space and recreational destination. As described in further detail below, the age and physical condition of existing commercial development is mixed. Examples of newer or recently rehabilitated commercial development include the Crown Carpets building on the corner of Commercial Street and Main Street, the A-Boy Plumbing and Electric store on Main Street and the BMDA building, whose ground floor tenants include a Thai restaurant and a naturopathic pet clinic. However, the Area also features substandard development and underutilized commercial buildings. On Main Street, for example, a boarded up building adjacent to the bridge overlooking Fanno Creek lies vacant. Further, some of Main Street's historic buildings have been neglected, as evidenced by poorly maintained storefronts and facades. An analysis of property classification data from Washington County's 2004-05 Assessment and Taxation database was used to determine the land use designation of parcels in the Area. While the Area is City of Tigard 4 December 6, 2005 DRAiFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 predominantly commercial, as illustrated in Table 1, "Land Use (2004- 05)," it features a mix of uses, including residential, multifamily, and exempt or partially exempt public uses. ITable 1: Land Use 2004-05 Property Class Number of Acres* % of Total Parcels Improved Residential 23 5.52 3.8% Vacant Commercial 10 1.30 0.9% Improved Commercial 122 73.55 51.0% Improved State-Assessed Industrial 1 6.25 4.3% Vacant Multifamily 1 0.07 0.0% Improved Multifamily 10 8.64 6.0% Exempt Federal 2 2.32 1.6% Exempt State 1 3.29 2.3% Exempt City 14 33.68 23.4% Exempt Municipal Water District 2 4.17 2.9% Exempt Other Municipal Corporation 2 0.98 0.7% Exempt Fire District 1 1.48 1.0% Exempt Benevolent 2 1.31 0.9% Exempt Fraternal 2 1.58 1.1% TOTAL 193 144.14 100.0% TOTAL VACANT 18 12.46 8.6% TOTAL IMPROVED 175 131.68 91.4% Source: Washington County, OR 2004-05 Assessment and Taxation Database Note: Total acreage does not include an estimated 49.57 acres of ROW. Only 9% of the Area is vacant. Most of the undeveloped lands, including 4.17 acres of Water District property and 3.29 acres of Oregon Department of Transportation right-of-way, are under public ownership. Improved commercial uses constitute 51% (73.55 acres) of the Area's total acreage. Existing commercial development is concentrated on Main Street, Highway 99W and property abutting the intersection of Hall Boulevard/Highway 99W. A broad range of retail and commercial uses are represented. These include but are not limited to: restaurants, antique stores, furniture stores, paint supply stores and frame shops as well as a liquor store, athletic club, bike shop, carpet store and shoe repair shop. Professional and medical service providers, including dentists, realtors, attorneys and the Tigard Chamber of Commerce, are also active in the Area. While most downtown businesses are small and locally owned, national retailers and franchises such as Rite-Aid, Jo-Ann Fabrics, Napa Auto Parts and A-Boy Plumbing and Electric are also represented. i City of Tigard 5 December 6, 2005 i i DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Some existing uses in the downtown area do not conform to the goals and objectives of the City's Comprehensive Plan and Development Code. In particular, automobile-oriented uses and manufacturing and industrial facilities do not support the City's goal to create a vibrant, pedestrian- friendly atmosphere downtown. These are examples of Area businesses that play a valuable role in the local economy but are not appropriate uses in the CBD. The presence of industrial and automobile-oriented uses in the heart of downtown underscores the current underutilization of the area and magnifies the need for public investments that will attract more suitable retail, residential and employment uses in the CBD. In addition to commercial uses, tax exempt uses or partially exempt uses totaling 48.81 acres or 33.9 % of the Area's total land area are also well represented. Most notably, the Area includes 33.68 acres of property under City ownership. While residential uses are present, they account for less than 10% of the Area's total acreage. Multifamily development and single family homes, predominantly from the 1940s and 1950s, constitute 6% and 3.8% of the Area's acreage respectively. Table 2, "Zoning Districts (2004-05)," shows the distribution of the Area's lands by zoning district. Table 2: Zoning Districts (2004-05) Zoning District % of Total Commercial Zoning Districts Central Business District 80.9% General Commercial 12.3% Professional Commercial 3.3% SUBTOTAL 964% Residential Zoning Districts R-4.5 Low-Density Residential District 1.0% R-12 Mediun-Density Residential District 1.3% R-25 Medium High-Density Residential District 1.3% SUBTOTAL 3.6% TOTAL 100.0% Source: Washington County, OR 2004-05 Assessment and Taxation database Approximately 96% of the Area with is zoned commercial, with 80.9% of the Area's total acreage in the CBD zone, 12.3% in the General Commercial zone and 3.3% in the :Professional Commercial zone. Less than 4% of the Area's acreage is within residential zoning districts that permit a broad range of housing types at varying densities. The residential City of Tigard 6 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 i lands are concentrated in the southern and western portions of the Area adjacent to Fanno Creek. B. Infrastructure 1.' Transportation and StreetscVe As detailed in the Tigard Downtown Improvement Plan, poor linkages exist between downtown Tigard and surrounding commercial, residential and employment Areas. Weak connections, in particular a lack of pedestrian friendly streetscape amenities, make it difficult to attract and sustain high quality retail, office and residential development, as specified in the Development Code. Long term needs for the Area include transportation improvements that will reduce traffic congestion, improve access to downtown, and create a safer and more welcoming environment for pedestrians, bicyclists and motorists. The City has established a preliminary list of priority transportation needs, which include: 1. Implement street improvements that will increase multimodal access and connectivity, reduce congestion at major intersections and increase safety for pedestrians, bicyclists and motor vehicles. 2. Provide bike lanes, sidewalks, and pedestrian-oriented streetscape improvements to increase multimodal circulation, safety, and connectivity and enhance the visual identity of downtown Tigard. 3. Develop pedestrian facilities that will improve pedestrian access to downtown from surrounding neighborhoods. 2. Parks The Plan identifies improvements to Fanno Creek Park, the Area's most significant natural resource, as a priority project. As the Area redevelops, the Park's role as a community gathering space and recreational activity center will expand. For this reason, maintaining and upgrading park facilities and protecting sensitive areas from the impacts of development and increased usage patterns will be critical. In addition to Fanno Creek Park improvements, the Plan recommends the development of a new skateboard park. 3. Public Spaces As detailed in the Tigard Downtown Improvement Plan, the Area's public space environment is inadequate. Developing public spaces at key City of Tigard 7 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 locations throughout the Area will strengthen linkages between downtown and Fanno Creek Park, the Area's existing "green" amenity, and reinforce downtown's identity as a unique shopping, entertainment, civic and recreational destination. The Plan has identified public spaces needs for the Area, which include: • a green corridor/urban creek that connects to other public spaces in the area and serves as an anchor for new development; • public plazas that serve as community gathering spaces; • urban green spaces that beautify the Area and provide opportunities for active and passive recreational activities; and • a public market near Fanno Creek. C. Social Conditions To analyze social conditions within the Area, a summary of demographic data and trends from the 1990 and 2000 U.S Census is included in this section. Census block group data was used, to examine the Area's population and housing characteristics. The selected block groups encompass but do not correspond directly with the Area and the analysis is intended to provide a general description of the Area. Analysis of the Area in 1990 and 2000 is based on the following Census Tracts and Block Groups in Washington County, Oregon: Census Tract 307 - BG 1, 2 Census Tract 308.01 - BG 1 Census Tract 309 - BG 1 1.~ Population and Housing According to the Bureau of Census, in 2000 the total population of the Area was reported at 3,311 persons, up 8.3% from 3,056 persons in 1990. In 2000, 1,413 households with an average household size of 2.34 were reported for the Area. As presented in Table 3, "Change in Occupancy Status (1990 to 2000)," the Area experienced a net increase of 239 housing units (19.1%) between 1990 and 2000. Corresponding with the increase in total housing units, occupied housing units in the Area increased by 17% between 1990 and 2000. While growth in owner-occupied units was modest at 6.7% (43 units), renter-occupied households increased by 28.4% (162 units). The overall share of owner-occupied units in the Area decreased slightly from 52.8% in 1990 to 48.2% in 2000, a net loss of 4.6%. The decline in owner households may be attributed to the limited availability of ownership housing that is both affordable and attractive to buyers. It also suggests City of Tigard 8 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 that prospective homebuyers do not view downtown Tigard as a desirable place to live. Table 3: Change in Occu anc Status 1990 to 2000 1990 2000 Change % Change Total housing units 1,252 1,491 239 19.1% Occupied units 1,208 1,413 205 17.0% owners 638 681 43 6.7% renters 570 732 162 28.4% Vacant units 44 78 34 77.3% % Owner occupied 52.8 48.2 -4.6 N/A % Renter occupied 47.2 51.8 4.6 N/A Source: 1990 and 2000 Census, SF I - 100 Percent Data i As illustrated in Table 4, "Race Characteristics (2000)," while the Area's population is largely white, non-white residents represent a significant share of the population at 14.5%. Among non-whites who affiliated themselves with a single race, Asians showed the highest representation at 4.4%. In 2000, 3.5% of the Area's total population (487 persons) claimed two or more races. Table 4: Race Characteristics 2000 Race Area Total % of Area Total Total: 3,311 100.0% Population of one race: 3,196 96.5% White alone 2,830 85.5% Black or African American alone 22 0.7% American Indian and Alaska Native alone 26 0.8% Asian alone 147 4.4% Native Hawaiian and Other Pacific Islander alone 34 1.0% Some other race alone 137 4.1% Two or more races: 115 3.5% Total non-white: 481 14.5% Source: 2000 Census, SF 1 - 100 Percent Data In 1990, an estimated 93 persons or 3.0% of the Area's total population reported Hispanic or Latino origin. By 2000, as shown in Table 5 "Hispanic or Latino Population (2000),." the Hispanic or Latino population had risen to 403 persons or 12.2% of the Area's total population. Between 1990 and 2000, with the addition of 310 persons of Hispanic or Latino origin, the Area's Hispanic or Latino population more than tripled. City of Tigard 9 December 6, 2005 DRAFT REPORT ON CITY CENTER UR13AN RENEWAL PLAN - v2 Table 5: Hispanic or Latino Population (2000) Hispanic or Latino Area Total % of Area Total Total Population: 3,311 100.0% Not Hispanic or Latino 2,908 87.8% Hispanic or Latino 403 12.2% Source: 2000 Census, SF 1 - 100 Percent Data D. Economic Conditions 1:, Taxable Value of Property Within the Area State law limits the percentage of a municipality's total assessed value and area that can be contained in an urban renewal area at the time of its establishment to 25% for municipalities under 50,000 in population. The estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties, is $59,854,340 or 1.47% of the City of Tigard's total assessed value. The estimated total acreage of the Area, including 49.57 acres of ROW, is 193.71 acres or 2.6% of the City's total land area. Accordingly, the Area is well within the 25% assessed value and area limits. 2. Building to Land Value Ratio An analysis of property values can be used to assess the economic condition of real estate investments in a designated area. The relationship of a property's improvement value (the value of buildings and other improvements to the property) to its land value is generally an accurate indicator of the condition of real estate investments. This relationship is referred to as the "Improvement to Land Ratio" or "LL". The values used are real market values. In urban renewal areas, the I:L may be used to measure the intensity of development or the extent to which an area has achieved its development priorities. I:L ratios for healthy properties in downtown Tigard could range between 7.0 -10.0 or more. For instance, a property on a 15,000 square foot lot would have a land value of $150,000, at $10.00 per square foot. A two- story commercial property containing 20,000 square feet valued at $60.00 per square foot would have an improvement value of $1,200,000. The I:L ratio for this property would be 8.0. Table 6, "Improvement to Land Ratios (2004-05)," shows the average improvement to land ratios for properties within the study area, sorted by property class. City of Tigard 10 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 ~I As highlighted in the Physical Conditions section, the Area consists primarily of commercial lands within Tigard's Central Business District (CBD) and General Commercial (CG) zone. At 1.34, the average LL for commercial uses within the Area is very low, an indication that commercial properties are significantly underdeveloped. One of the stated economic policies of the Tigard Comprehensive Plan is, "to improve and enhance portions of the central business district as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area." The Plan supports projects that will enhance the Area's capacity to retain existing businesses and attract new employers, residents and visitors to the Area, thereby improving economic stability and job growth within the CBD. Table 6: Improvement to Land Ratios (2004-05) Use Average I:L Average I:L All Parcels Improved Parcels Only Residential 0.67 0.86 Commercial 1.34 1.43 State-Assessed Industrial 0.00 0.00 Multifamily Residential 2.53 2.79 Exempt or Partially Exempt 0.20 0.73 Source: Washington County, OR 2004-05 Assessment and Taxation database The average I:L of each of uses represented in the Area is low, falling at or below 2.79. This is clearly evidenced by the Area's inadequate streetscape, substandard housing development, underutilized commercial lands, and the lack of public spaces and public facilities. I 3. Income and Poverty As a group, Area residents are less well off than the citywide population. The Area's median household income was estimated at $38,100 in 2000, 26% lower than the City's median household income of $51,581. Table 7, "Poverty Status in 1999 by Age," shows the population breakdown by persons living below and at or above the federal poverty level. City of Tigard 11 December 6, 2005 i . i DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 7: Poverty Status in 1999 b Age Poverty Data Area Total % of Area Total Total Persons' 3,705 100.0% Income in 1999 Below Poverty Level: 314 8.5% Under 18 years 95 2.6% 18 years and over 219 5.9% Income in 1999 at or Above Poverty Level: 3,391 91.5% Under 18 years 446 12.0% 18 years and over 2,945 79.5% Source: 2000 Census, SF 3 - Sample Data. Population for whom Poverty Status is Determined An estimated 8.5% of the Area's population was living below the poverty level in 1999. The Plan supports transportation and streetscape projects and programs that will improve the physical appearance of downtown Tigard and increase access and connectivity throughout the Area. These improvements will make downtown an attractive location for high quality retail, commercial and office development, which will create new employment and economic opportunities for local residents. 4.; Employ Employment data from the 2000 Census is used to analyze the employment status of residents in the Area. Given that state and national unemployment rates increased during the economic downtown and the Portland regional economy has not yet fully recovered, it is likely that current unemployment within the Area is higher and the labor force participation rate is lower than in 2000. As shown in Table 8, "Employment Status, Persons 16 years and over, City Center URA (2000)," the percentage of Area residents 16 and over in the labor force was 65.5% in 2000. While only 2.6% of the labor force was unemployed, the Area's labor force participation rate was 6% lower than the citywide rate, reported at 72.2% in 2000. This suggests that downtown Tigard may have a significant population of persons who, due to age or disability, are unable to work. 1~1 i i i City of Tigard 12 December 6, 2005 i DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 8: Employment Status, Persons 16 years and over City Center URA 2000 Employment Status Area Total % of Area Total Persons, 16 ears and over 3,224 100.0% In labor force: 2,112 65.5% Armed forces 0 0.0% Civilian labor force 2,112 65.5% Employed 2,029 62.9% Unemployed 83 2.6% Not in labor force: 1,112 34.5% Source: 2000 Census, SF 3 - Sample Data E. Impact on Municipal Services The fiscal impact of tax increment financing on taxing districts that levy taxes within the Area ("affected taxing districts") is described in section X of this Report. This subsection discusses the fiscal impacts resulting from potential increases in demand for municipal services. Increases in commercial and residential occupancies within the Area will generally result in higher demand for fire, life safety and public safety services. However, older buildings not currently meeting building and fire codes will be brought into code compliance, reducing the demand from those buildings. Similarly, street improvements identified in the Plan will make downtown safer and more accessible to fire and emergency services vehicles. New landscaping features and public spaces improvements within the Area will increase the need for maintenance. However, sidewalk improvements will reduce the need for repairs of existing sidewalks. Population growth resulting from new residential development within the Area will increase the demand for municipal and social services. City of Tigard 13 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 III. REASONS FOR SELECTION OF EACH URBAN RENEWAL AREA IN THE PLAN There is one urban renewal area in the Plan and it was selected to improve and prevent the future occurrence of blighted areas as defined in ORS 457.010(1). I IV. COMPLIANCE WITH STATUTORY LIMITS ON ASSESSED VALUE AND SIZE OF URBAN RENEWAL AREA As noted above, jthe estimated total assessed value of the Area, including all real, personal, personal manufactured and utility properties, is $59,854,340 or 1.47% of the City of Tigard's total assessed value. The estimated total acreage of the Area, including 49.57 acres of ROW, is 193.71 acres or 2.6% of the City's total land area. Accordingly, the Area is well within the 25% assessed value and area limit contained in Chapter 457 of Oregon Revised Statutes. I i I I i i I I I City of Tigard 14 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 V. THE RELATIONSHIP BETWEEN URBAN RENEWAL PROJECTS AND THE EXISTING CONDITIONS IN THE URBAN RENEWAL AREA I This section describes the relationship between the urban renewal projects called for in the Plan and conditions generally described in Section II of this Report and more particularly described below. A. Street Improvements 1. Ash Avenue Extension, Scoffins to Burnham, Including Railroad Crossing The extension of Ash Avenue from Burnham Street to Commercial Street is a project under the Plan. Relationship to Existing Conditions Under existing conditions, Ash Avenue is an incomplete roadway that extends from Scoffins Road to Commercial Street and picks back up at Burnham Street, on the south side of the rail corridor. Filling in the "gap" in the roadway will increase access and connectivity within the CBD. The provision of a new railroad crossing is necessary to ensure pedestrian, bicycle and motor vehicle safety. 2. Scoffins Street/Hall Boulevard/Hunziker Road Re-Ali ng ment This project will realign the Scoffins Street/Hall Boulevard/Hunziker Road intersection. Relationship to Existing Conditions Located on the eastern edge of the Area, this three-way intersection provides access to downtown from Highway 99W and residential neighborhoods east of Hall Boulevard and south of downtown. Currently, Scoffins Street and Hunziker Road are poorly aligned, which increases traffic congestion and compromises the safety of pedestrians, bicyclists and motorists crossing over, or turning on or off, Hall Boulevard. Improving the alignment of the intersection will reduce congestion and increase multimodal safety. 1 Hall Blvd/Highway 99W Intersection Improvements Improvements to the intersection of Hall Boulevard and Highway 99W are a project under the Plan. Relationship to Existing Conditions This project will improve multimodal circulation and safety and reduce congestion at the intersection of Hall Boulevard and Highway 99W, a major intersection that serves as the primary entryway to downtown. City of Tigard 15 December 6, 2005 i DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q I 4; Greenburg Road/Highway 99W Intersection Improvements Improvements to the intersection of Greenburg Road and Highway 99W are a project under the Plan. Relationship to Existing Conditions Under current conditions, traffic congestion at the intersection of Greenburg Road and Highway 99W hampers multimodal circulation and safety in Downtown Tigard and impedes access to the Area. This project will promote safe and convenient access to downtown Tigard and improve the flow of traffic throughout the Area. 5. Burnham Street Improvements The reconstruction and widening of Burnham Street is a project under the Plan. Relationship to Existing Conditions As noted in Section II A, access throughout the Area is constrained by weak linkages and the lack of an adequate street system in the Central Business District. The reconstruction and widening of Burnham Street will increase multimodal access to underutilized commercial properties in the southeast portion of the Area, which are expected to redevelop to more intensive residential, office, civic and commercial uses under the Plan. 6.' Center Street Improvements Upgrades and improvements to Center Street are a project under the Plan. Relationship to Existing Conditions As the Safeway property at the northwest corner of Hall Boulevard and Highway 99W redevelops, Center Street, which provides access to the property from Greenburg Road, will need to be improved to accommodate the anticipated increase in bicycle, pedestrian and motor vehicle traffic. B. Streetscape Improvements 1 Downtown Tigard Streetscape Improvements Streetscape improvements along Main Street, Burnham Street, Commercial Street, Ash Avenue, Scoffins Road and Center Street are a project under the Plan. City of Tigard 16 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Relationship to Existing Conditions The lack of adequate streetscape amenities and human-scale development in downtown Tigard makes it an unsafe and unwelcoming destination for pedestrians. Under current conditions, downtown lacks a distinct visual identity and character, which has made it difficult to attract active retail, civic and employment uses supported in the Comprehensive Plan. Installing streetscape furnishings, street trees and other landscape enhancements will beautify downtown and create a more business- friendly, pedestrian-oriented environment. C. Bike/Pedestrian Facilities 1. Commuter Rail Access The provision of a new pedestrian access way between Burnham Street and the proposed commuter rail station is a project under the Plan. Relationship to Existing Conditions Under current conditions, multimodal access within the Area is constrained by the rail corridor, which bisects the CBD. Pedestrians who want to cross between the north and south sides of the rail corridor currently have one option - Main Street. This project will provide an alternative and more direct access route for pedestrians wishing to access the proposed commuter rail station on Commercial Street. 2. Sidewalks and Bike Lanes The Plan recommends bicycle and pedestrian improvement projects that will provide sidewalks and bike lanes on Hall Boulevard, Scoffins Street, Tigard Street, Highway 99W and Center Street. Relationship to Existing Conditions The incomplete sidewalk system and lack of striped bike lanes in downtown Tigard impedes pedestrian and bicycle access and weakens public perception of downtown as a unified district. In conjunction with urban spaces and streetscape improvements, the proposed sidewalk and bike lane improvements will improve multimodal access to the Area and create an attractive and visually distinct streetscape environment in downtown Tigard. 3. Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue The design and construction of an enhanced pedestrian bridge over Fanno Creek is a project under the Plan. The bridge will connect to Ash Avenue, which does not currently extend over the Creek. City of Tigard 17 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Relationship to Existing Conditions One of the stated goals of the Plan is to, "Capitalize on Commuter Rail and Fanno Creek as catalysts for future investment and development." This project will enhance connectivity between Downtown Tigard and residential neighborhoods to the south and west of Fanno Creek. 4. Conversion of Existiniz North Rail. Corridor into a Multi-use Pedestrian Trail The conversion of the existing north rail corridor into a multi-use pedestrian trail is a project under the Plan. Key components of the project may include bio-swales, native vegetation, pervious pavement and low impact stormwater conveyance/treatment features. i Relationship to Existing Conditions This project will increase pedestrian access to downtown Tigard while providing new active and passive recreational opportunities for Area residents, workers and visitors. Consistent with goals of the Tigard Downtown Improvement Plan and the Comprehensive Plan, this project will be developed in an environmentally sensitive manner and will incorporate low impact, sustainable development techniques. 5. Tigard Street/Grant Bicycle/Pedestrian Crossing This project provides for the design and construction of a new at-grade bicycle/pedestrian crossing that will extend from the intersection of Tigard Street and Grant Street (south of the railroad) to the north side of the railroad tracks. Relationship to Existing Conditions Currently, due to an insufficient number of railroad crossings, multimodal access to Downtown from surrounding neighborhoods is constrained. This project will provide safe and convenient access to non-motorized vehicles traveling to and from downtown from residential areas to the north and west. D. Parks 1: Fanno Creek Park Improvements Improvements to Fanno Creek Park, including the preservation and restoration of environmentally sensitive areas, are a project under the Plan. City of Tigard 18 December 6, 2005 I DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Relationship to Existing Conditions As the Area redevelops and new housing, office, retail and commercial development locates downtown, it will be necessary to preserve the environmental integrity of existing parks and open space areas. Currently, Fanno Creek is the Area's most significant natural amenity. This project provides for improvements that will make Fanno Park a safer and more attractive recreational destination while protecting sensitive areas in the Fanno Creek Watershed. 2. Skateboard Park The design and construction of a new skateboard park is a project under the Plan. Relationship to Existing Conditions Similar to the Fanno Creek Park Improvements project and other public spaces proposed in the Plan, this project will expand the range of recreational opportunities in the Area and draw people of varying ages and interests to Downtown Tigard. E. Public Spaces 1. ! Green Corridor/Urban Creek The development of a green corridor/urban creek, which will extend from Fanno Creek to the northwest corner of the Central Business District, is a project under the Plan. Relationship to Existing Conditions As described in Section II B, downtown Tigard's inadequate streetscape environment limits its capacity to promote active retail, shopping and entertainment uses. The proposed Green Corridor/Urban Street project will serve as a catalyst for development and strengthen linkages between key downtown locations, including Fanno Creek Park, Main Street and the proposed Commuter Rail station. I 2. Plazas and Urban Green Spaces The development of public plazas that will serve as public gathering spaces is a project under the Plan. Relationship to Existing Conditions Under existing conditions, the lack. of public open space areas in downtown Tigard makes it an unattractive and unwelcoming pedestrian City of Tigard 19 December 6, 2005 i DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 environment. Developing public plazas and urban green spaces suitable for a broad range of recreational and civic uses will increase community livability in downtown Tigard and strengthen its identity as a pedestrian- friendly shopping, entertainment and recreational district. 3. Public Market The development of a public market in the proposed public use area near Fanno Creek is a project under the Plan. Relationship to Existing Conditions Developing a public market that will serve as a gathering space for community events and recreational activities will draw residents and out- of-town visitors to downtown Tigard. Area businesses will benefit directly from this project as individuals and families who visit the public market will also patronize restaurants, shops and other downtown venues. F. Public Facilities 1: Performing Arts Center The development of a performing arts center in downtown Tigard is a project under the Plan. Relationship to Existing Conditions Under existing conditions, artistic and cultural activities in the Area are very limited. The development of a new Performing Arts Center, which will serve as a community gathering place for the arts, will promote downtown Tigard's reputation as a center for entertainment and culture. Performing Arts Center patrons will shop at local businesses, dine at ` downtown restaurants and enjoy the various recreational and entertainment activities that the Area has to offer. 2. Public Parking Facilities The development of new public parking facilities in downtown Tigard is a project under the Plan. Relationship to Existing Conditions While the Area's supply of parking is adequate for the needs of existing businesses and residents, it is anticipated that the demand for public parking facilities will increase as the Area redevelops. Anticipated growth in housing and employment densities in downtown Tigard will increase the need for additional off-street parking. Developing public parking facilities at key locations throughout the Area, particularly in the CBD, City of Tigard 20 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 will make downtown a convenient location for civic, retail and recreational activities. 3. Post Office Relocation The possible relocation of the existing downtown post office is a project under the Plan. Relationship to Existing Conditions The existing downtown post office may not be the optimal use for valuable commercial real estate in the heart of downtown Tigard. Although the post office generates a substantial level of traffic, it is not compatible with other desired commercial activities on Main Street. For this reason, the post office may be relocated to an alternative site in the Area. 4. Public Market Area The development of a public market area in the proposed public use area near Fanno Creek is a project under the Plan. Relationship to Existing Conditions The public market area will serve as a community gathering spot and will strengthen linkages between Fanno Creek Park, the CBD and adjacent residential neighborhoods. 5. Post Office Relocation The relocation of the existing downtown post office is a project under the Plan. Relationship to Existing Conditions The existing downtown post office may not be the optimal use for valuable commercial real estate in the heart of downtown Tigard. Although the post office generates a substantial level of traffic, it is not compatible with other desired commercial activities on Main Street. For this reason, the post office may be relocated to an alternative site in the Area. 6. Public Restrooms The provision of public restrooms in public gathering spaces is a project under the Plan. City of Tigard 21 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Relationship to Existing Conditions Concurrent with the development of public gathering spaces in the Area, such as the proposed Public Market near Fanno Creek, the provision of public restrooms will help make shopping, dining and usage of the Area's public facilities and recreational amenities a comfortable and convenient experience for the public. City of Tigard 22 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q VI. THE ESTIMATED TOTAL COST OF EACH PROJECT AND THE SOURCES OF MONEYS TO PAY SUCH COSTS Table 9 below shows the estimated total cost of each project and the estimated sources of funds to address such costs, with all figures in year of expenditure dollars (which take into account inflation). Table 10 provides a summary of total costs by project type over the duration of the Plan. i City of Tigard 23 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 9: Revenues, Costs and Schedule for Urban Renewal Projects FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Revenues Beginning Balance 0 508,600 113,087 542,136 122,574 234,719 251,559 857,819 375,511 1,130,549 Debt Proceeds 0 830,136 0 1,028,100 160,173 1,350,895 292,173 1,702,449 426,475 IrikW Funding from City of Tigard 900,000 0 Interest Earnings 0 7,629 14,148 8,132 17,260 5,923 24,037 17,250 31,169 23,355 Total Revenues 900,000 516,229 957,372 550,268 1,167,935 400,816 1,626,491 1,167,242 2,109,129 1,580,379 Adminstration Capital Projects 1 2 3 4 .5 6 7 8 9 10 Street Improvements 144,200 148,526 152,982 157,571 162,298 0 153,734 158,346 195,716 201,587 Streetsca a Improvements 144,200 148,526 152,982 157,571 162,298 0 153,734 158,346 195,716 201,587 Bike/Pedestrian Facilities 103,000 106,090 109,273 112,551 115,927 0 0 0 0 0 Parks 0 0 0 0 231,855 0 153,734 158,346 195,716 201,587 Public Spaces 0 0 0 0 115,927 59,703 76,867 79,173 97,858 100,794 Public Facilities 0 0 0 0 115,927 59,703 76,867 79,173 97,858 100,794 Planning and Development Assistance 0 0 0 0 28,982 29,851 76,867 79,173 97,858 100,794 Property uisition-FromWillingSellers 0 0 0 0 0 0 76,867 79,173 97,858 100,794 Total Expenditures 391,400 403,142 415,236 427,693 933,216, 149,257 768,671 791,731 978,580 1,007,937 City of Tigard 24 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 9: Revenues, Costs and Schedule for Urban Renewal Projects (Continued) FY Ending June 30 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Revenues Beginning Balance 572,442 1,472,179 687,766 1,326,142 656,140 1,318,372 659,175 1,947,822 935,995 1,956,173 Debt Proceeds -1,951,955 - -434,527 1;703,901 512,490 -1,870,703 595,854 2,725,440 651,615 2,934,810 728,428 Initial Funding from City of Tigard Interest Earnings 37,866 28,601 35,875 27,579 37,903 28,713 50,769 38,992 58,062 40,269 Total Revenues 2,562,263 1,935,307 2,427,542 1,866,212 2,564,746 1,942,940 3,435,384 2,638,428 3,928,868 2,724,870 Adminstration Capital Projects 11 12 13 14 15 16 17 18 19 20 Street Improvements 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Streetsca a Improvements 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Bike/Pedestrian Facilities 0 0 0 0 0 0 0 0 0 0 Parks 242,241 249,508 220,280 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Public Spaces 121,120 124,754 110,140 242,014 249,275 256,753 297,513 340,487 394,539 451,528 Public Facilities 124,754 110,140 0 0 0 0 0 0 0 Plannin and Development Assistance 121,120 124,754 110,140 121,007 124,637 256,753 297,513 340,487 394,539 451,528 Property uisition-From Willing Sellers 121,120 124,754 110,140 121,007 124,637 0 0 0 0 0 Total Expenditures 1,090,084 1,247,541 1,101,400 1,210,072 1,246,374 1,283,765 1,487,563 1,702,433 1,972,694F2,257,6391 City of Tigard 25 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q Table 10: Summary of Total Costs by Project Type Total Expenditures Project Type Through 2026 Street Improvements - 4,419;098 - Streetsca a Improvements 4,419,098 Bike/Pedestrian Facilities 546,841 Parks 3,885,376 Public Spaces 3,118,445 Public Facilities 765,216 Planning and Development Assistance 2,756,003 Property Acquisition - From Willing Sellers 956,351 Total Expenditures 20,866,429 City of Tigard 26 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 11: Tax Increment Revenues, Debt Service and Debt Service Reserves FY Ending June 30 2007 2008 2009 2010 2011 2012 MI 2014 2015 2016 2017 REVENUES Beginning Balance 0 40,827 79,535 196,425 286,223 453,184 444,189 679,289 626,781 Tax Increment Revenues 40,223 124,648 200,530 279,022 360,181 607,608 737,494 871,603 11011,682 Interest - - 603 3,095 5,394 10,078 13,989 22,710 24,388 33,453 33,979 Total Revenues 40,827 168,570 285,459 485,525 660,393 797,372 1,083,501 1,206,070 1,584,345 1,672,441 Average Tax Increment Revenues 1,222,820 EXPENDITURES Debt Service, Lon Term Bond 1 89,035 89,035 89,035 89,035 89,035 89,035 89,035 89,035 89,035 Bond 2 110-12-6-7 110,267 110,267 110,267 110,267 110,267 110,267, Bond 3 144,887 144,887 144,887 144,887 144,887 Bond 4 182,593 182,593 182,593 Bond 5 195,849 Bond 6 Bond 7 Bond 8 Bond 9 Total Debt Service, Lon Term 0 89,035 89,035 199,301 199,301 344,189 344,189 526,781 526,781 722,630 Bond Rescrve 0 89,035 89,035 199,301 199,301, 344,189 344,189 526,781 526,781 722,630 Debt Service Short Term 0 161,791 295,124 430,782 127,182 Total Expenditures 0 178,069 178,069 398,603 560,393 688,377 983,501 1,053,562 1,484,345 1,572,441 City of Tigard 27 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q Table 11: Tax Increment Revenues, Debt Service and Debt Service Reserves (Continued) FY Ending June 30 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 REVENUES Beginning Balance 822,630 822,630 980,138 980,138 1,148,672 1,148,672 1,311,417 1,311,417 1,467,162 1,467,162 Tex Increment Revenues 1,120,066 1,232,193 - 1348;178 - 11468;140 1,592,201 1,695,984 - -1,803;223 1,914;027 2,028,505 - 2,146,772 Interest 41,480 43,162 49,627 51,426 58,343 59,900 66,391 68,053 74,442 76,216 Total Revenues 1,984,176 2,097,985 2,377,943 2,499,705 2,799,216 2,904,555 3,181,031 3,293,497 3,570,110 3,690,151 Average Tax Increment Revenues EXPENDITURES Debt Service, Lon Term Bond 1 89,035 89,035 89,035 89,035 89,035 Bond 2 110,267 110,267 110,267 110,267 110,267 110,267 110,267 Bond 3 144,887 144,887 144,887 144,887 144,887 144,887 144,887 144,887 144,887 Bond 4 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 182,593 Bond 5 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 195,849 Bond 6 157,508 157,508 157,508 157,508 157,508 157,508 157,508 157,508 157,508 Bond 7 168,533 168,533 168,533 168,533 168,533 168,533 168,533 Bond 8 251,780 251,780 251,780 251,780 251,780 Bond 9 266,012 266,012 266,012 Total Debt Service, Lone Term 722,630 880,138 880,138 1,048,672 1,048,672 1,211,417 1,211,417 1,367,162 1,367,162 1,222,275 Bond Reserve 722,630 880,138 880,138 1,048,672 1,048,672 1,211,417 1,211,417 1,367,162 1,367,162 1,222,275 Debt Service Short Tenn 438,916 237,709 517,667 302,361 601,873 381,721 658,197 459,173 735,786 1,145,601 Total Expenditures 1,884,176 1,997,985 2,277,943 2,399,705 2,699,216 2,804,555 3,081,031 3,193,497 3,470,110 3,590,151 City of Tigard 28 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q Table 12: Projected Incremental Assessed Value and Tax Rates FY Ending June 30 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Frozen Base 62,884,466 62,884,466 62,884,466 62 884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62,884,466 62 884,466 Prior Year Total 62,884,466 66,304,704 73,483,446 79,935,766 86,609,983 93,511,005 103,857,879 114,550,020 125,594,334 136,997,785 Appreciation % 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% 2.5% Appreciation $ 1,572,112 1,657,618 1,837,086 1,998,394 2,165,250 2,337,775 2,596,447 2,863,751 3,139,858 _ 3,424,945 Gross New-Real Market Value 4 181,281 12 677,669 8,633,061 8,772,651 8,915,234 15,134,351 15,361 849 15,593 906 15,830,638 16,072,160 Net % of Gross 65% 65% 81% 82% 83% 84% 85% 86% 87% 88% Net Real Market Value 2,717,832 8,240,485 6,992,779 7,193,573 7,399,644 12,712,855 13,057,571 13,410,759 13,772 655 14,143,501 Changed Property Ratio 68% 67% 66% 65% 64% 63% 62% 61% 60% 60% Assessed Value, New Development 1,848,126 5,521,125 4,615,234 4,675,823 4,735,772 8,009,098 8,095,694 8,180,563 8,263,593 8,486 101 Total 62,884,466 66,304,704 73,483,446 79,935,766 86,609,983 93,511,005 103,857,879 114,550,020 125,594,334 136 997,785 148 908,830 Incremental Assesed Value 0 3,420,238 10,598,980 17,051 301 23,725,517 30,626 539 40,973,413 51,665,554 62,709,868 74,113,319 86,024,364 Consolidated Tax Rate 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 Tax Increment Revenues 40,630 125,907 202,556 281 840 363,819 486,731 613 745 744,943 880,407 1021,901 FY Ending June 30 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Frozen Base 62,884,466 62,884,466 62,894,466, 62 884,466 62,884,466 62,884,466 62 884,466 62,884,4 66 62,894,466 62,884,46 6 Prior Year Total 148,908,830 158,124,890 167,659,173 177,521,502 187,721,989 198,271,051 207,095,782 216,214,461 225,636,209 235,370,426 Appreciation % 2.5% 2.5% 2.5% 2.5% 2,5% 2.5% 2.5% 2.5% 2.5% 2.5% Appreciation $ 3,722,721 3,953,122 4,191,479 4,438,038 4,693,050 4,956,776 5,177,395 5,405,362 5,640,905 5,884,261 Gross New Real Market Value 10,287,151 10,451,613 10,619,567 10,791,104 10,966 316 7,243,360 7,380,682 7,521,324 7,665,378 7,812,938 Net % of Gross 89% 89% 89% 89% 89% 89% 89% 89% 89% 89% Net Real Market Value 9,155,565 9,301 936 9,451,415 9,604,082 9,760,021 6,446,590 6,568,807 6,693,979 6,822,187 6,953,51 4 Changed Property Ratio 60% 60% 60% 60% 60K. 60% 60% 60% 60% 60% Assessed Value, New Development 5,493,339 5,581,161 5,670,849 5,762,449 5,856,013 3,867,954 3,941,284 4,016 387 4,093 312 4,172 109 Total 158,124,890 167,659,173 177,521,502 187,721,989 198,271,051 207,095,782 216,214,461 225,636,209 235,370,426 245,426,796 Incremental Assesed Value 95,240,424 104,774,707 114,637,036 124,837,523 135,386,585 144,211 316 153,329,995 162,751,743 172,485 960 182,542,330 Consolidated Tax Rate 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 11.8792 Tax Increment Revenues 1,131,380 1,244,640 '1,361,7961 1,482,970 1,608,284 1,713,115 1,821,438 1,933,361 2,048,995 2,168,457 City of Tigard 29 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 VII. THE ANTICIPATED COMPLETION DATE FOR EACH PROJECT Table 9 shows the anticipated completion dates of the urban renewal projects. VIII. THE ESTIMATED AMOUNT OF TAX INCREMENT REVENUES REQUIRED AND THE ANTICIPATED YEAR IN WHICH INDEBTEDNESS WILL BE RETIRED Table I I shows the yearly tax increment revenues and their allocation to debt service and debt service reserve funds. It is anticipated that all debt will be retired by the end of FY 2027/2028. The;estimated amount of tax increment revenues required to service debt is $39,142,083 (total tax increment revenues of $40,026,326 less $884,243 remaining after debt is retired; to, be refunded to taxing districts). IX. FINANCIAL ANALYSIS OF THE PLAN The estimated tax increment revenues of $39,142,083 are based on projections of the assessed value of development within the Area. Table 12 (page 30) shows the projected incremental assessed value, projected tax rates that would produce tax increment revenues, and the annual tax increment revenues. These in turn provide the basis for the projections in Table 11. City of Tigard 30 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 X. IMPACT OF THE TAX INCREMENT FINANCING, BOTH UNTIL AND AFTER THE INDEBTEDNESS IS REPAID, UPON ALL ENTITIES LEVYING TAXES UPON PROPERTY IN THE URBAN RENEWAL AREA The impact of tax increment financing on overlapping taxing districts consists primarily of the property tax revenues foregone on permanent rate levies as applied to the growth in assessed value in'the Area without the Plan. Revenues on growth in assessed value that would not occur but for the Plan cannot be considered as foregone. It is reasonable to project that development within the Area without the Plan would take much longer to occur, would be less extensive and would have lower assessed values. Table 13 shows the property tax revenue foregone by overlapping taxing districts during the use of tax increment financing, in terms of average revenues foregone per year through FY 2027/2028 in current dollars. No impacts are shown for the K-12 School District or Educational Service District, because under the current K-12 and ESD financing system,, property tax revenues foregone by the districts would be offset by additional revenues from the State School Fund. Table 13: Revenues Foregone Revenues Foregone Taxing District Through 2028 Average/Year Washington Count Permanent 1,660,097 79,052 TVF&R 1,126,125 53,625 Port 51,758 2,465 Metro 71,324 3,396 City of Tigard 1,855,537 88,359 ESD - NW Regional 113,558 5,408 PCC 208,804 19,943 City of Tigard 31 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - v2 Table 14 shows the increase in permanent rate levy revenues that would occur in the years after termination of the tax increment financing, from FY 2029 through FY 2037, when the projected additional value in the Area would result in a "break even" point. During FY 2036/2037, the value in current dollars of the revenues foregone would be exceeded by the value in current dollars of the additional revenues gained. Table 14: Revenues Gained After Termination of Tax Increment Financing FY 2029 through FY 2037 Taxing District Through 2037 Washington Coun Permanent 1,677,514 TVF&R 1,137,940 Port 52,301 Metro 72,073 City of Tigard 1,875,004 ESD - NW Regional 114,749 PCC 210,995 XI. RELOCATION METHODS The Plan authorizes the acquisition of property by willing sellers only. Relocation benefits must be paid for any public acquisition, whether the acquisition is voluntary or involuntary. Therefore, before the Agency acquires any property, the Agency will adopt relocation regulations. City of Tigard 32 December 6, 2005 DRAFT REPORT ON CITY CENTER URBAN RENEWAL PLAN - Q City of Tigard 33 December 6, 2005 EXHIBIT C FINDINGS AND DETERMINATIONS REGARDING ADOPTION OF CITY CENTER URBAN RENEWAL PLAN 1. The areaisubject to the City Center Urban Renewal Plan is blighted in that it is underdeveloped and lacks the mix of high quality commercial, office, residential and public uses suitable for the City's central business district, as described in Section II of the Report Accompanying the City Center Urban Renewal Plan. 2. The rehabilitation and redevelopment is necessary to protect the public health, safety and welfare of the City. The health and welfare of a city depend on the vitality of the city's central business district. Without an urban renewal plan, the conditions described in Section II of the Report of arisen. The rehabilitation and redevelopment resulting from the Plan will revitalize the central business district. (See Sections III and V of the Report.) i 3. The urban renewal plan conforms to the City's Comprehensive Plan and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes. Compliance with Comprehensive Plan provisions is demonstrated in Section VI of the Plan and in Section IV of the Staff Report to the Council. The Plan explicitly provides an outline in Section III. 4. The Agency will comply with all applicable federal and state statutes and regulations regarding relocation whenever it acquires property in furtherance of the Plan. To the extent that voluntary property transfers to the City occur in connection with development of any of the projects in the Plan, the Agency shall arrange for or assist in housing of displaced persons within their financial means to the extent required by applicable statute or regulation. Any such relocation, except in the relocation of elderly or disabled individuals, shall be made without displacing on priority lists persons already waiting for existing federally subsidized housing. (See Plan Section IX.) 5. The Plan does not call for condemnation of real property. Any acquisition of the property under the plan would be voluntary. Any acquisition of property for Plan projects would be necessary to implement the Plan. (See Section VIII of the Plan.) 1 6. Adoption and carrying out of the urban renewal plan is economically sound and feasible. (See Sections VI, VIII, IX and X of the Report). i EXHIBIT. STAFF REPORT TO THE CITY COUNCIL CITY OF TIOARD FOR THE CITY OF TIGARD, OREGON Community Development Shaping A Better Community SECTION IV. APPLICABLE CRITERIA AND FINDINGS Applicable standards for adoption of urban renewal plans are found in ORS Chapter 457. Those standards require conformance with the Comprehensive Plan. Some may argue that the adoption of an urban renewal plan is a post-acknowledgment plan amendment subject to the statewide land use planning goals. This narrative discusses the statewide land use planning goals and sets out the applicable statutory and comprehensive plan standards and responses to the standards. Not all Comprehensive (Plan provisions are directly applicable to an urban renewal plan, and this narrative addresses only directly applicable provisions. The Plan is not inconsistent with any provision of the Comprehensive Plan. Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390 060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: GOAL 1: CITIZEN INVOLVEMENT To develop a !citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to citizen involvement in the planning process, so the City will remain in compliance with the statewide land use planning goals. There has been! citizen involvement in the process for adopting the urban renewal plan. The City Center Advisory Commission (CCAC) is a body that provides citizen input into the process. The CCAC is independent of the Council and of staff. The CCAC took the lead in guiding the MIS 2005-00017 PAGE 1 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL I I development of ithe Plan, and it acted through a process that involved several meetings, all of which were open to the public. The Plan, before adoption, will be reviewed by the Planning Commission after a public hearing and by the City Council after another public hearing. The final decision-maker will be the Tigard electorate - the Plan will only take effect if approved by the City's voters. Citizens have had a right to participate throughout the process. I The process has I been in compliance with Goal 1. GOAL 2: LAND USE PLANNING To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to land use planning process or decision-making, so the City will remain in compliance with the statewide land use planning goals. i The process being used in this matter involves public meetings by the CCAC, and public hearings by the Planning Commission and the Council, with the opportunity to present evidence in connection with each hearing. The process assures an adequate factual base for the decision. GOAL 3: AGRICULTURAL LANDS To preserve and maintain agricultural lands. i Goal 3 does not apply because the area subject to the Plan does not include agricultural land. GOAL 4: FOREST LANDS To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. I Goal 4 does not apply because the area subject to the Plan does not include forest lands. i GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES To protect natural resources and conserve scenic and historic areas and open spaces. I The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to natural resources, scenic or historic areas or open space, so the City will remain in compliance with the statewide land use planning goals. Although there are Goal 5 resources within the Plan area, the regulations providing protection for the resource areas will remain in place and will be applicable to any redevelopment proposed by the Plan. Because those acknowledged regulations will remain applicable, the Plan will not result in any MIS 2005-00017 ' PAGE 2 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL i i I development or other activity inconsistent with Goal 5. i GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY To maintain and improve the quality of the air, water and land resources of the state. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to water and land resources quality, so the City will remain in compliance with the statewide land use planning goals. The Plan calls for some transportation improvements which should decrease traffic congestion, thereby reducing the time that vehicles are on the road emitting gases and particulates. This should improve air quality. ThelPlan proposes efficient use of land, consistent with Goal 6. Because all development authorized by the Plan will be required to comply with existing state and local regulations, the Plan will not adversely affect air, water or land resource quality and therefore will maintain air, water and land resource quality. An example is the proposed Ash Street extension, which by connecting two discontinuous sections of Ash, is designed to reduce the out-of-direction travel within the downtown area. GOAL 7: AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS To protect life and property from natural disasters and hazards. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to natural disasters or hazards, so the City will remain in compliance with the statewide land use planning goals. i All development in the Plan area will be subject to existing acknowledged regulations regarding hazards (e.g. flood plain regulations, steep slope regulations), so any development will remain consistent with the goal. i GOAL 8: RECREATIONAL NEEDS To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. i The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to recreation facilities, so the City will remain in compliance with, the statewide land use planning goals. The Plan increases the opportunities for recreation by promoting additional walking trails and proposes additional pocket parks. It also proposes development of a public plaza bordering the Fanno Creek greenway for picnics and entertainment. The plan thereby proposes increased recreational opportunities in the downtown area, consistent with Goal 8. The destination resort provisions of Goal 8 are not applicable because the Plan does not include a destination resort and the area does not meet the standards for destination resorts. MIS 2005-00017 PAGE 3 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL it I GOAL 9: ECONOMIC DEVELOPMENT To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to economic development, so the City will remain in compliance with the statewide land use planning goals. I The Plan is drafted to assist economic improvement of the area by proposing improved public facilities, including improved transportation facilities, to facilitate economic development and by providing a financing plan intended to stimulate economic development. The Plan also provides for other means of stimulating more productive development. The Plan furthers Goal 9 by providing expanding opportunities for commercial development. i GOAL 10: HOUSING To provide for the housing needs of citizens of the state. i The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to housing, so the City will remain in compliance with the statewide land use planning goals. i The Plan does not change any zoning, so existing housing opportunities remain. The Plan provides for public facilities that are intended to allow housing development and redevelopment, consistent with Goal 10. The Plan does not call for the removal of any existing housing. The Plan is consistent with Goal 10. i i GOAL 11: PUBLIC FACILITIES AND SERVICES To plan and delvelop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or CDC provisions relating to public facilities, so the City will remain in compliance with the statewide land use planning goals. The Plan calls for improved public facilities in the Plan area to be developed in accordance with the Plan, which provides for timely, orderly and efficient improvements in public facilities. The Plan is consistent with Goal 11. GOAL 12: TRANSPORTATION To provide and encourage a safe, convenient and economic transportation system. i The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any MIS 2005-00017 1 PAGE 4 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL I I i comprehensive plan or CDC comprehensive plan or code provisions relating to transportation, so the City will remain! in compliance with the statewide land use planning goals. The Plan proposes access and circulation improvements within the downtown area. The Plan is consistent with Goal 12. GOAL 13: ENERGY CONSERVATION To conserve energy. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or code provisions relating to energy conservation, so the City will remain in compliance with the statewide land use planning goals. The Plan promotes energy conservation by planning for an improved bicycle and pedestrian system, which should reduce the use of motor vehicles. It also proposes street improvements. A properly functioning street transportation system conserves energy by reducing travel time. The Plan is consistent with Goal 13. GOAL 14: URBANIZATION To provide for an orderly and efficient transition from rural to urban land use. The City's Comprehensive Plan and Code provisions have been acknowledged to be in compliance with the statewide land use planning goals. The adoption of the Plan will not amend any comprehensive plan or code provisions relating to energy urbanization, so the City will remain in compliance with the statewide land use planning goals. This area is already part of the city, so Goal 14 does not apply. GOALS 15, 16, 17, 18, 19 - WILLAMETTE RIVER GREENWAY, ESTUARINE RESOURCES,'COASTAL SHORELANDS, BEACHES AND DUNES, OCEAN RESOURCES The Plan area is not adjacent to the Willamette River, is not in an estuary, coastal shoreland, beach and dune, or ocean area. Goals 15 through 19 therefore do not apply. ORS CHAPTER 457 457.095 Approval of plan by ordinance; required contents of ordinance; notice. The governing body of the municipality, upon receipt of a proposed urban renewal plan and report from the municipality's urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ordinance which shall incorporate the plan by reference. Notice of adoption of the ordinance approving the urban renewal plan, and the provisions of ORS 457.135, shall be published by the governing body of the municipality in accordance with ORS 457.115 no later than four days following the ordinance adoption. The ordinance shall include determinations and findings by the governing body that: MIS 2005-00017 PAGE 5 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL I The City is starting the process that will lead to a planning commission recommendation to the Council and a decision by the Council whether to refer the matter to the voters. If the Council approves the plan, it will act by nonemergency ordinance and will refer the matter to the electorate. The City plans to comply with the notice and publication requirement of ORS 457.095, 457.115 and 457.135. An ordinance will be prepared with findings and determinations similar to those set forth below. (1) Each urban renewal area is blighted; The area covered by the urban renewal plan suffers from infrastructure problems. The area's buildings are aging, and some of them are unused or in disrepair. The area has been adversely affected by Highway 99 and other traffic problems. It has been severely affected by relocation of commercial businesses away from the area, which is the City's downtown core. Rather than being a vibrant growing downtown, the area is a declining area of marginal businesses. The area is blighted. (2) The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; i The welfare of a; city depends on its downtown. A city without a functional downtown area is likely to economically decline or lose cohesion as a city, which are not consistent with the welfare of the city. Rehabilitation and redevelopment of the downtown area is necessary to protect the identity and welfare of Tigard. Furthermore, rehabilitation and redevelopment will involve transportation improvements, making necessary changes to protect public safety. Rehabilitation and redevelopment of Tigard's downtown is necessary to protect the safety and welfare of the City of Tigard. (3) The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes. Compliance with the City's comprehensive plan is detailed below. The Plan provides an outline for accomplishing the urban renewal projects. The Plan also includes a companion Report Accompanying the Draft City Center Urban Renewal Plan that provides background information and project details for the Plan. The Report includes estimated revenue, cost, and schedule data related to the accomplishment" the Plan's projects. (4) Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing; The Plan does' not propose to displace any persons. However, some possibility exists that redevelopment consistent with the plan will result in some displacement of persons. The Plan provides that relocation assistance will be provided as required. The Plan is consistent with this requirement. (5) If acquisition of real property is provided for, that it is necessary; MIS 2005-00017 ' PAGE 6 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL I The Plan does not propose the acquisition of real property. However, there is some possibility that real property will be! acquired consistent with the plan in order to develop the projects called for by the Plan. Any such acquisition will be necessary to develop those Plan projects. (6) Adoption and carrying out of the urban renewal plan is economically sound and feasible; and i The urban renewal plan provides for tax increment financing and for borrowing of up to $22 million. The projects proposed in the Plan can be economically developed and paid for through the tax- increment and other financing. As demonstrated in the Report the Plan is economically sound and feasible. (7) The municipality shall assume and complete any activities prescribed it by the urban renewal plan. The City intends to complete all activities proposed for it in the Plan and it is feasible for the City to do so. i APPLICABLE COMPREHENSIVE PLAN PROVISIONS I The following addresses only those Comprehensive Plan policies applicable to adoption of an urban renewal plan. Any Comprehensive Plan policy not addressed is not relevant. 2.1.1 THE CITY SHALL MAINTAIN AN ONGOING CITIZEN INVOLVEMENT PROGRAM AND SHALL ASSURE THAT CITIZENS WILL BE PROVIDED AN OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. The City has used a citizen involvement program that has included the Tigard Downtown Task Force, which was instrumental in starting the process to lead to urban renewal, and the City Center Advisory Commission, which has developed the Plan. Both of these groups are comprised of people who are not elected officials and not staff members. The City has assured an opportunity for citizen involvement through the use of the Task Force and Advisory Commission. Each group has held public meetings to get input from other citizens. The City has provided notice of the meetings and publicized the opportunity for input. The City has held open houses to provide information and seek feedback. As the process continues, the City will hold duly noticed Planning Commission and City Council public hearings to get additional citizen input. 2.1.2 THE OPPORTUNITIES FOR CITIZEN INVOLVEMENT PROVIDED BY THE CITY SHALL BE APPROPRIATE TO THE SCALE OF THE PLANNING EFFORT AND SHALL INVOLVE A BROAD CROSS-SECTION OF THE COMMUNITY: a. THE CITIZEN INVOLVEMENT TEAMS SHALL BE THE PRIMARY MEANS FOR CARRYING OUT THE PROGRAM; b. WHERE APPROPRIATE, OTHER INVOLVEMENT TECHNIQUES WILL BE USED; AND MIS 2005-00017 PAGE 7 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL i i c. THE CITIZEN INVOLVEMENT TEAM FACILITATORS SHALL SERVE AS THE COMMITTEE, FOR CITIZEN INVOLVEMENT AND SHALL BE RESPONSIBLE FOR EVALUATING THE CITIZEN INVOLVEMENT PROGRAM AND FOR WORKING WITH THE NEIGHBORHOOD PLANNING ORGANIZATIONS IN RECOMMENDING CHANGES IN THE PROGRAM. Given the unique nature of an urban renewal plan, the City, consistent with Policy 2.1.2.b, created a unique citizen involvement effort specifically designed to maximize citizen involvement. The City Center Advisory, Commission, which is comprised of persons who are not elected officials or staff members, has had the lead role in directing development of the Plan. The Tigard Downtown Task Force has also been involved. Both entities have held public meeting and received public input. 2.1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING ISSUES IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITIZENS. The Plan has been developed in a readable format with understandable language. The Plan as it developed has been available for review by the public. Once the Plan is proposed by the City Center Development Agency, it will be available on the City's website for public review prior to the Planning Commission and, City Council hearings. 3.1.1 - Floodplains Policy 3.1.1 protects floodplains. The Plan does not propose to change the City's existing floodplain standards, which: are consistent with Policy 3.1.1. Any project called for by the plan will comply with the City's standards implementing Policy 3.1.1. Policies 3.2.1 through 3.2.5 - Natural Resources i These policies restrict development in floodplains and wetlands areas. The Plan does not proposed to change the City's existing standards, which are consistent with these policies. All projects proposed in the plan will comply with the City's regulations protecting floodplains and wetlands. i Policies 3.4.1- 3.4.2 - Natural Areas These policies protect natural resources, including wetlands and fish and wildlife habitat. The Plan does not proposed to change the City's existing standards, which are consistent with these policies. All projects proposed in the plan will comply with the City's regulations protecting wetlands and fish and wildlife habitat. 3.5.3 THE CITY HAS DESIGNATED THE 100-YEAR FLOODPLAIN OF FANNO CREEK, ITS TRIBUTARIES, AND THE TUALATIN RIVER AS GREENWAY, WHICH WILL BE THE BACKBONE OF THE OPEN SPACE SYSTEM. WHERE LANDFILL AND/OR DEVELOPMENT ARE ALLOWED WITHIN OR ADJACENT TO THE 100-YEAR FLOODPLAIN, THE CITY SHALL REQUIRE THE CONSIDERATION OF DEDICATION OF SUFFICIENT OPEN LAND AREA FOR GREENWAY ADJOINING AND WITHIN THE FLOODPLAIN MIS 2005-00017 PAGE 8 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL i The Plan proposes open space use of areas adjacent to Fanno Creek, consistent with Policy 3.5.3. 3.5.4 THE CITY SHALL PROVIDE AN INTERCONNECTED PEDESTRIAN/ BIKEPATH THROUGHOUT THE CITY. The Plan proposes improvements in pedestrian and bicycle facilities in the Plan area, including the Fanno Creek trail, consistent with Policy 3.5.4. 3.7.1 THE CITY SHALL IDENTIFY AND PROMOTE THE PRESERVATION AND PROTECTION OF HISTORICALLY AND CULTURALLY SIGNIFICANT STRUCTURE, SITE, OBJECTS AND DISTRICTS WITHIN TIGARD. The historic resources within the Plan area are not proposed to be altered. 4.1.1 THE CITY SHALL: a. MAINTAIN AND IMPROVE THE QUALITY OF TIGARD'S AIR QUALITY AND COORDINATE WITH OTHER JURISDICTIONS AND AGENCIES TO REDUCE AIR POLLUTIONS' WITHIN THE PORTLAND-VANCOUVER AIR QUALITY MAINTENANCE AREA. (AQMA). b. WHERE APPLICABLE, REQUIRE A STATEMENT FROM THE APPROPRIATE AGENCY, THAT ALL APPLICABLE STANDARDS CAN BE MET, PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL. c. APPLY THE MEASURES DESCRIBED IN THE DEQ HANDBOOK FOR "ENVIRONMENTAL QUALITY ELEMENTS OF OREGON, LOCAL COMPREHENSIVE LAND USE PLANS" TO LAND USE DECISIONS HAVING THE POTENTIAL TO AFFECT AIR QUALITY. The Plan proposes transportation improvements that are intended to improve the vehicular transportation system, resulting in decreased travel time and reduced emissions. The Plan also proposes improvements to the bicycle and pedestrian system, which will reduce vehicle trip, thereby reducing emissions. 5.1 THE CITY SHALL PROMOTE ACTIVITIES AIMED AT THE DIVERSIFICATION OF THE ECONOMIC OPPORTUNITIES AVAILABLE TO TIGARD RESIDENTS WITH PARTICULAR EMPHASIS PLACED ON THE GROWTH OF THE LOCAL JOB MARKET. The Plan is intended to provide improvement that will promote economic growth. Economic growth will result in expanded employment opportunities. 5.3 THE CITY SHALL IMPROVE AND ENHANCE THE PORTIONS OF THE CENTRAL BUSINESS DISTRICT AS THE FOCAL POINT FOR COMMERCIAL, HIGH DENSITY RESIDENTIAL, BUSINESS, CIVIC AND PROFESSIONAL ACTIVITY CREATING A DIVERSIFIED AND ECONOMICALLY VIABLE CORE AREA. MIS 2005-00017 PAGE 9 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL i The Plan is a major portion of the City's efforts to improve and enhance the Central Business District. The projects proposed by the Plan will improve the central business district and enhance business, civic and professional opportunities. 5.4 THE CITY SHALL ENSURE THAT NEW COMMERCIAL AND INDUSTRIAL DEVELOPMENT SHALL NOT ENCROACH INTO RESIDENTIAL AREAS THAT HAVE NOT BEEN DESIGNATED FOR COMMERCIAL OR INDUSTRIAL USES. I The plan does not propose commercial or industrial development in residential areas. 5.5 THE CITY SHALL PROHIBIT RESIDENTIAL DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS EXCEPT: [EXCEPTIONS LISTED] The plan does not propose impermissible residential development in commercial and industrial zones. 5.6 THE CITY SHALL CONSIDER PRIVATE FINANCING BY PRIVATE DEVELOPERS IN COORDINATION WITH AVAILABLE BONDING METHODS TO PROVIDE PUBLIC FACILITIES TO COMMERCIAL AND INDUSTRIAL LAND DESIGNATED ON THE COMPREHENSIVE PLAN MAP. The Plan does not prevent the consideration of private financing or bonding of public facilities in commercial and industrial areas. 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. The Plan proposes housing of different densities and types. The Plan area is only a portion of the City, and not all types, and levels of housing need to be contained in the Plan area, so long as the Plan area provides appropriate housing opportunities taking into account the size and location of the Plan area. The Plan provides for an appropriate diversity of housing densities and residential types. 7.1.1 THE CITY SHALL: c. PROVIDE URBAN SERVICES IN ACCORDANCE WITH THE COMPREHENSIVE PLAN TO THE EXTENT OF THE CITY'S FINANCIAL RESOURCES; I f. ADOPT LOCATIONAL CRITERIA AS THE BASIS FOR MAKING DECISIONS ABOUT THE PROPER LOCATION FOR PUBLIC FACILITIES. The Plan proposed improved public facilities and provides additional resources for the provision of public facilities. ; The Plan provides guidance for appropriate location of additional public facilities. MIS 2005-00017 PAGE 10 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL I I 7.10.1 LOCAL GOVERNMENT ADMINISTRATION FACILITIES SHOULD REMAIN CENTRALIZED IN THE CENTRAL BUSINESS DISTRICT. The City's administration facilities remain in the Central Business District. i 8.1.1 PLAN, DESIGN AND CONSTRUCT TRANSPORTATION FACILITIES IN A MANNER WHICH ENHANCES THE LIVABILITY OF TIGARD BY: a. PROPER LOCATION AND DESIGN OF TRANSPORTATION FACILITIES. The Plan provides for improved transportation facilities, with appropriate location and design. b. ENCOURAGING PEDESTRIAN ACCESSIBILITY BY PROVIDING SAFE, SECURE AND DESIRABLE PEDESTRIAN ROUTES. The Plan provides for expanded pedestrian facilities. 8.1.2 PROVIDE A BALANCED TRANSPORTATION SYSTEM, INCORPORATING ALL MODES OF TRANSPORTATION (INCLUDING MOTOR VEHICLE, BICYCLE, PEDESTRIAN, TRANSIT AND OTHER MODES) BY: a. THE DEVELOPMENT OF AND IMPLEMENTATION OF PUBLIC STREET STANDARDS !THAT RECOGNIZE THE MULTI-PURPOSE NATURE OF THE STREET RIGHT-OF-WAY FOR UTILITY, PEDESTRIAN, BICYCLE, TRANSIT, TRUCK AND AUTO USE. The transportation improvements called for in the Plan include streets that will serve as multi-purpose facilities, and also provide for additional bicycle and pedestrian facilities. c. CONSTRUCTION OF BICYCLE LANES ON ALL ARTERIALS AND COLLECTORS WITHIN TIGARD CONSISTENT WITH THE BICYCLE MASTER. ALL SCHOOLS, PARKS, PUBLIC FACILITIES AND RETAIL AREAS SHALL STRIVE TO HAVE DIRECT ACCESS TO A BIKEWAY. I Any new arterials and collectors called for by the plan will be constructed with bicycle lanes, and additional bikeways are called for by the Plan. d. CONSTRUCTION OF SIDEWALKS ON ALL STREETS WITHIN TIGARD. ALL SCHOOLS, PARKS, PUBLIC FACILITIES AND RETAIL AREAS SHALL STRIVE TO HAVE DIRECT ACCESS TO A SIDEWALK. I Any new streetsl proposed by the Plan will have sidewalks. The Plan proposed improved sidewalks in various locations. e. DEVELOPMENT OF BICYCLE AND PEDESTRIAN PLANS WHICH LINK TO RECREATIONAL TRAILS. MIS 2005-00017 1 PAGE 11 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL I i The Plan calls for additional bicycle and pedestrian trails, which link to parks and open spaces. E DESIGN LOCAL STREETS TO ENCOURAGE A REDUCTION IN TRIP LENGTH BY PROVIDING CONNECTIVITY AND LIMITING OUT-OF-DIRECTION TRAVEL AND PROVIDE CONNECTIVITY TO ACTIVITY CENTERS AND DESTINATIONS WITH A PRIORITY FOR BICYCLE AND PEDESTRIAN CONNECTIONS. The Plan calls for street improvements that will improve connectivity. h. TIGARD WILL SUPPORT THE DEVELOPMENT OF A COMMUTER RAIL SYSTEM AS PART OF THE REGIONAL TRANSIT NETWORK. The Plan anticipates that commuter rail will be developed and proposes facilities intended to support development of commuter rail. 8.1.3 STRIVE TO ACHIEVE A SAFE TRANSPORTATION SYSTEM BY THE DEVELOPMENT OF STREET STANDARDS, ACCESS MANAGEMENT POLICIES AND SPEED CONTROLS WHEN CONSTRUCTING STREETS, AND BY MAKING STREET MAINTENANCE A PRIORITY AND THROUGH A COMPREHENSIVE PROGRAM OF ENGINEERING, EDUCATION AND ENFORCEMENT. a. DESIGN OF'STREETS SHOULD RELATE TO THEIR INTENDED USE. The streets to be! developed under the Plan will be designed in accordance with their intended use. b. DESIGN SAFE AND SECURE PEDESTRIAN AND BIKEWAYS BETWEEN PARKS AND OTHER ACTIVITY CENTERS IN TIGARD. The Plan calls for additional pedestrian and bikeways that will link to parks and open spaces. c. DESIGNATE SAFE AND SECURE ROUTES TO SCHOOLS FOR EACH SCHOOL. ANY NEW RESIDENTIAL PROJECT SHOULD IDENTIFY THE SAFE PATH TO SCHOOL FOR CHILDREN The Plan proposes improved pedestrian routes and provides safer pedestrian routes throughout the plan area. f. NEW ROADWAYS SHALL MEET APPROPRIATE LIGHTING STANDARDS. EXISTING ROADWAYS SHALL BE SYSTEMATICALLY RETROFITTED WITH ROADWAY LIGHTING. New streets propi sed by the Plan will be built with appropriate lighting. 8.1.5 DEVELOP TRANSPORTATION FACILITIES WHICH ARE ACCESSIBLE TO ALL MEMBERS OF THE COMMUNITY AND MINIMIZE OUT OF DIRECTION TRAVEL BY: MIS 2005-00017 PAGE 12 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL r i a. THE DESIGN AND CONSTRUCTION OF TRANSPORTATION FACILITIES TO MEET THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT. The Plan proposes transportation facilities that will be constructed to meet ADA standards. b. THE DEVELOPMENT OF NEIGHBORHOOD AND LOCAL CONNECTIONS TO PROVIDE ADEQUATE CIRCULATION IN AND OUT OF THE NEIGHBORHOODS. The transportation improvements called for by the Plan will improve circulation in the Plan area and between the downtown area and nearby neighborhoods. I c. WORK WITH WASHINGTON COUNTY AND ODOT TO DEVELOP AN EFFICIENT ARTERIAL GRID SYSTEM THAT PROVIDES ACCESS WITHIN THE CITY, AND SERVES THROUGH CITY TRAFFIC. The Plan proposes improvements to the arterial grid system. 8.1.6 PROVIDE FOR EFFICIENT MOVEMENT OF GOODS AND SERVICES THROUGH THE DESIGN, OF ARTERIAL ROUTES, HIGHWAY ACCESS AND ADJACENT LAND USES IN WAYS THAT FACILITATE THE EFFICIENT MOVEMENT OF GOODS AND SERVICES AND THE SAFE ROUTING OF HAZARDOUS MATERIALS CONSISTENT WITH FEDERAL AND STATE GUIDELINES. I i The Plan proposes improvements to the transportation system. 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. The Plan proposes street improvements that will make the street system safer and more efficient and that are designed to cure existing deficiencies and provide capacity for existing needs and future growth. 8.3.2 THE CITY SHALL ENCOURAGE THE EXPANSION AND USE OF PUBLIC TRANSIT BY: a. LOCATING LAND INTENSIVE USES IN CLOSE PROXIMITY TO TRANSITWAYS; i The Plan calls for more intense land uses in areas close to transitways. 8.5.1 THE CITY SHALL LOCATE BICYCLE/PEDESTRIAN CORRIDORS IN A MANNER WHICH PROVIDES FOR PEDESTRIAN AND BICYCLE USERS, SAFE AND CONVENIENT MOVEMENT IN ALL PARTS OF THE CITY, BY DEVELOPING THE PATHWAY SYSTEM SHOWN ON THE ADOPTED PEDESTRIAN/BIKEWAY PLAN. I MIS 2005-00017 PAGE 13 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL i The Plan calls for additional bicycle and pedestrian facilities that will provide safe and convenient bicycle and pedestrian transportation within the Plan area and linking the plan area with neighboring areas, consistentwith the City's adopted plans. 9.1.2 THE CITY SHALL ESTABLISH A BALANCED AND EFFICIENT TRANSPORTATION SYSTEM WHICH COMPLEMENTS THE LAND USE PLAN AND IS DESIGNED TO MINIMIZE ENERGY IMPACTS. The Plan proposes improvements to the transportation system that will make it more efficient so that it will have reduced energy impacts. 9.1.3 THE CITY SHALL ENCOURAGE LAND USE DEVELOPMENT WHICH EMPHASIZES, SOUND ENERGY CONSERVATION, DESIGN AND CONSTRUCTION. Development proposed by the Plan will be of modern design and construction, providing for greater energy conservation. 11.1.1 THE REDEVELOPMENT OF DOWNTOWN TIGARD SHALL BE ACCOMPLISHED IN ORDER TO MAKE IT COMPLEMENTARY TO NEWER SHOPPING AREAS. CONVENIENCE, APPEARANCE AND THE NEEDS OF THE SHOPPING PUBLIC SHOULD BE PRIMARY, CONSIDERATIONS. The Plan directly implements this policy by providing a plan for the redevelopment of downtown Tigard. The Plan gives primary consideration to public convenience, appearance of the downtown area, and the needs of the shopping public. 11.2.1 ASH AVENUE SHALL BE EXTENDED ACROSS FANNO CREEK, ENABLING ACCESS TO THE NEIGHBORHOODS AND COMMERCIAL AREA WITHOUT USING PACIFIC HIGHWAY. DESIGN FEATURES SHALL BE USED TO SLOW TRAFFIC AND MAKE THE STREET AS SAFE AS POSSIBLE. ASH AVENUE SHALL BE DESIGNATED AS A MINOR, COLLECTOR IN CONFORMANCE WITH THE MASTER STREET PLAN. DESIGN FEATURES AND MITIGATION MEASURES SHALL HOLD TRAFFIC VOLUMES TO THE MIDDLE LIMITS OF A MINOR COLLECTOR. 11.2.2 IMPROVEMENTS TO S.W. ASH AVENUE FROM S.W. HILL TO FANNO CREEK SHALL BE CONSTRUCTED AS A CONDITION OF DEVELOPMENT OF ADJACENT PROPERTIES. [THE] STREET IMPROVEMENTS ALONG WITH THE DEVELOPMENT OF A MAJOR COMMERCIAL SITE WILL INCREASE TRAFFIC ON ASH. A BARRICADE SHALL BE PLACED AT HILL STREET APPROXIMATELY AT THE END OF THE EXISTING PAVEMENT TO PROTECT [THE] NEIGHBORHOOD RESIDENTS FROM THE COMMERCIAL TRAFFIC. 11.2.3 METHODS OF MITIGATING THE TRAFFIC IMPACT ON THE NEIGHBORHOOD SHALL INCLUDE, IN THE FOLLOWING ORDER OF IMPROVEMENT, CONSTRUCTION: MIS 2005-00017 PAGE 14 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL i I a. IMPROVING S.W. MCDONALD STREET TO INTERIM MAINTENANCE STANDARDS TO ENCOURAGE TRAFFIC FROM SOUTH OF MCDONALD TO USE MCDONALD TO EXI EXIT TO HALL AND/OR PACIFIC HIGHWAY; b. IMPROVEMENTS TO THE RESIDENTIAL PORTION OF ASH FROM HILL TO FREWING. THESE IMPROVEMENTS COULD INCLUDE LIMITED PARKING, DELINEATION OF TRAFFIC LANES AND SIDEWALKS ON ONE OR BOTH SIDES OF THE STREET; I c. EXTENSION OF S.W. HILL TO S.W. O'MARA AND/OR IMPROVEMENT OF S.W. ASH FROM FREWNG TO GARRETT; d. EXTENSION OF S.W. O'MARA TO S.W. HILL, PARALLEL TO S.W. ASH; e. REMOVAL OF THE BARRICADE IN PLACE ON ASH AVENUE AT S.W. HILL; f. IMPROVEMENT OF S.W. O'MARA STREET TO INTERIM MAINTENANCE STANDARDS TO ENCOURAGE AN ALTERNATE ROUTE; I g. INSTALLATION OF TRAFFIC INHIBITORS TO THE RESIDENTIAL PORTION OF ASH IF AND WHEN TRAFFIC VOLUMES EXCEED THE MIDDLE RANGE FOR A MINOR COLLECTOR. TRAFFIC INHIBITORS INCLUDE BUT ARE NOT LIMITED TO PLANTING ISLANDS, SPEED BUMPS, BUTTONS, TURNING RESTRICTIONS, LOAD LIMITS AND ENFORCEMENT. i The list of urban renewal projects authorized by the Plan does not include the extension of Ash Street across Fanno Creek. No development of properties adjacent to Ash Avenue from SW Hill to Fanno Creek is proposed. The only creek-related projects under the plan include the design and construction of an Enhanced Pedestrian Bridge over Fanno Creek Connecting to Ash Avenue and upgrades and improvements to Fanno Creek Park. Therefore, these comprehensive plan provisions do not apply. 12.1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITIES IN ACCORDANCE WITH: I a. APPLICABLE PLAN POLICIES; b. APPLICABLE LOCATIONAL CRITERIA; AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. Any housing development proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 1 12.2.1 THE CITY SHALL: i a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF USE, ITS SIZE AND REQUIRED TRADE AREA. b. APPLY ALL APPLICABLE PLAN POLICIES. MIS 2005-00017 ~ PAGE 15 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL I I . c. APPLY THE APPROPRIATE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE OF THE PROJECT. The Plan proposes increased commercial development appropriate for the locations proposed and consistent with applicable comprehensive plan policies. Any commercial development proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 12.4.1 THE CITY SHALL PROVIDE FOR THE LOCATION OF COMMUNITY FACILITIES IN A MANNED WHICH ACCORDS WITH: a. THE APPLICABLE POLICIES IN THIS PLAN; b. THE LOCATIONAL CRITERIA APPLICABLE TO THE SCALE AND STANDARDS OF THE USE. Community facilities called for by the Plan are consistent with applicable Comprehensive Plan policies and in appropriate locations, given the scale and types of uses. Any development of community facilities proposed by the Plan will be subject to review under CDC standards, which will assure compliance with Comprehensive Plan policies and appropriate locational criteria. 12.5.1 THE 'CITY SHALL PROVIDE FOR MIXED USE DEVELOPMENTS IN ACCORDANCE WITH: a. APPLICABLE PLAN POLICIES; b. APPLICABLE PURPOSE STATEMENTS; AND c. APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. The Plan anticipates mixed-use development. All development will continue to be subject to CDC regulations, which will assure compliance with this policy. CONCLUSION The Plan is consistent with all applicable statewide land use planning goals, meets the criteria of ORS 457.095, furthers key provisions of the comprehensive plan and is not inconsistent with any other provision of the Comprehensive Plan. MIS 2005-00017 PAGE 16 OF 16 11/22/05 PUBLIC HEARING STAFF REPORT TO CITY COUNCIL I r CITY OF TIGARD, OREGON ORDINANCE NO. 05- AN ORDINANCE AMENDING SECTION 2.09.020 OF THE TIGARD MUNICIPAL CODE TO STAGGER THE TERMS OF THE BUILDING APPEALS BOARD WHEREAS, the terms for all seven members of the Building Appeals Board expire on April 1, 2006; and WHEREAS, other City boards and commissions have staggered terms; and WHEREAS, it is desirable to maintain some existing members and stagger terms so all vacancies do not occur on the same date; and WHEREAS, staggering terms (Exhibit B) will maintain a more consistent and knowlegeable board. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 2.09.020 of the Tigard Municipal Code is amended as shown in Exhibit A. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By L 117011i u 5 vote of all Council members present after being read by number and title only, this -day of ` -P r» he/L, , 2005. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 2005. r Craig Dir sen, Mayor App ved as to form: V• i Attorney Date ORDINANCE No. 05- Pagel , . , EXHIBIT A Strike rr-euo is deleted language Bold underlined is new language 2.09.020 Appointment--Membership. The board shall consist of seven members who are not Council members, officers or employees of the City. The members of the board shall be appointed by the Mayor, subject to confirmation by the Council, for ^ term of four- years, and shall serve at the pleasure of the Mayor and Council. The Building Official shall be an ex-officio member and shall act as secretary to the board but shall have no vote on any matter before the board. (Ord. 01-12A) For terms commencing in April 2006, three members shall be !appointed to two-year terms and four members shall be appointed to four-year terms. All subsequent appointments shall be for four-year terms. EXHIBIT B Transition Terms 4-year 2-year Terms expire-4/01106 4/01 /06 4/01/07 -4701 /08 -4/01/09- -4/01110 4/01 /11 4/01/1-2 4/01-/13 -4/-01-/14- /01 /14 4/01 /15 1. Structural Engineer X X 2. General Contractor X X 3. Fire Marshal X X 4. Building Official X X 5. Public Member X X 6. Disabilities Member X X 7. Attorney X X 4-year terms Since all the members of the Board of Appeals have terms that expire on the same date, April 1, 2006, a new staggered term matrix is necessary to transition into regular 4-year terms. The following explains how the terms will be implemented: • Members 1, 2 & 3 are initially appointed for a 2-year term until 4/01/08, and then new members start 4-year terms • Members 4, 5, 6,& 7 follow a regular 4-year term appointment AGENDA ITEM # . AZiQ0 FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington County Cooperative Library Services Intergovernmental Agreement PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK ' V 77- ISSUE BEFORE THE COUNCIL Washington County has issued a new Washington County Cooperative Library Services Intergovernmental Agreement. STAFF RECOMMENDATION Review the Intergovernmental Agreement for WCCLS. This item is scheduled for approval at the December 20, 2005 City Council meeting. INFORMATION SUMMARY The new Intergovernmental Agreement stating the newly approved governance structure becomes effective January 1, 2006. The new governance structure was briefly discussed with the City Council at the October 18, 2005 Council workshop meeting. This Agreement shall remain in effect until such time as this Agreement is wholly or 'partially terminated pursuant to Section 9 of this Agreement. This Agreement has been reviewed by the City Attorney's office, and no issues or concerns were identified. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST A. Intergovernmental Agreement, Washington County Cooperative Library Services. FISCAL NOTES None. L•\Lib\City Council Agenda SUmmaries\AGENDA ITEM SUMMARY SHEET-December 13, 2005 - WCCLS Intergovernmental Agreement.doc i INTERGOVERNMENTAL AGREEMENT WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County," on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS," and the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard, and Tualatin; and the Cedar Mill Community Library Association and the Garden Home Community Library Association, hereinafter referred to as "Contractor(s)." WITNESSETH WHEREAS, Washington County has approved funding for county-wide library services including non-fee access by County residents to public libraries operated by Contractors; and WHEREAS, a Public Library Services Agreement exists to define the method for distribution of those funds and the rights and responsibilities of WCCLS and Contractors in the provision of county-wide lbirary services; and . i WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.019 to enter into an intergovernmental agreement or are private non-profit agencies operating public libraries; and WHEREAS, all parties are desirous of providing residents of Washington County with access to public, library services and Contractors are capable of providing such access and services; and WHEREAS the participating jurisdictions now desire to enter into another Agreement to provide, among other things, for an Executive Board and Policy Board among the participating jurisdictions and assigning responsibilities thereto in order to serve as advisors to the County regarding the provision of county-wide library service; i NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. DEFINITIONS The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A. WCCLS (Washington County Cooperative Library Services) - An agency of county government which exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Network - The consortium of public, academic, special and school libraries in Washington County, which exists to provide countywide library service. i Page 1 I C. WILInet (Washington County Inter-Library Information Network) - An integrated, automated library system, including but not limited to WILI, which is comprised of the integrated library system software (online circulation, public access catalog, cataloging and acquisitions software), and other databases, Internet resources, central site hardware and telecommunications equipment. D. Qualified Borrowers - All Washington County residents, residents of counties with which Washington County has reciprocal borrowing agreements, and other paid card holders. E. West Slope Community Library - The public library that is a department of WCCLS and managed by the County. For purposes of funding, West Slope is treated as a Contractor, but is not a signatory to this Agreement. F. WCCLS Library Directors' Board - The executive body of the WCCLS Network; advisory to the Cooperative Library Advisory Board and the WCCLS Manager. G. Cooperative Library Advisory Board (CLAB) - The board appointed by the Washington County Board of County Commissioners to develop, review and recommend library service policies, representing Public Library Services Agreement Contractors and the West Slope Community Library. CLAB is advisory to the Board of County Commissioners and to the Cooperative Library Services Manager. 2. TERM OF AGREEMENT This Agreement shall be in effect from January 1, 2006 and shall remain in effect perpetually thereafter, until such time as this Agreement is wholly or partially terminated pursuant to Section 9 herein. 3. GOVERNING BODY WCCLS shall continue to be governed by the Washington County Board of County Commissioners. A WCCLS Executive Board, described below, shall be established to advise the Board of County Commissioners and the Cooperative Library Services Manager on matters pertaining to the funding for countywide library services, distribution of fmancial resources by WCCLS for the provision of countywide public library services, and long term governance and funding strategies. The WCCLS Executive Board shall replace the current Cooperative Library Advisory Board. A WCCLS Policy Group, also described below, shall be established to provide technical and professional support and advice to the WCCLS Executive Board, to develop and implement policies and procedures for delivery of countywide public library services, and to advise the Cooperative Library Services Manager. The WCCLS Policy Group shall replace the current Library Directors' Board. Page 2 4. WCCLS EXECUTIVE BOARD A. Membership The Executive Board shall consist of twelve (12) voting Board Members ("Members") representing the ten current Contracting library service providers, the West Slope Community Library, and Washington County. For the cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard, and Tualatin, the Members shall be the chief administrative officers of those jurisdictions or their designees. For the City of Banks, the Cedar Mill Community Library Association and the. Garden Home Community Library Association, the Members shall be representatives designated by the Contractors' governing boards. For the West Slope Community Library, the Member shall be a representative of the community appointed by the Board of County Commissioners.. The Washington County Administrator (or designee) shall represent countywide services. The Executive Board will meet as needed and will convene either prior to or immediately following the city/county managers' meetings. B. Non-Voting Members The Chair and Vice-Chair of the WCCLS Policy Group shall serve as Members of the Executive Board in an ex-officio capacity. C. Appointments to the WCCLS Executive Board Except as otherwise specified herein, appointments for all Contractors and the County are continuous and Members shall serve at the pleasure of their appointing authorities. The West Slope Community Library representative shall be appointed by the Board of County Commissioners for a two year term, which can be renewed. D. Responsibilities The Executive Board shall advise the Board of County Commissioners, the County Administrator and the Cooperative Library Services Manager on issues pertaining to funding for countywide library services, the distribution of financial resources by WCCLS for direct public library services, and long-term governance and funding strategies. This includes but is not limited to the following matters: 1. Provide recommendations regarding contracts related to the provision of centrally provided support services when Board of County Commissioner approval is required, 2. Review Policy Group recommendations for central service plans and budget allocations, forward the Executive Board's recommendations regarding the same to the County Administrator and the Board of County Commissioners for inclusion in WCCLS annual budget requests, 3. Review recommended allocation amounts and funding distribution formulas to be included in the Public Library Services Agreement; provide jurisdictional endorsements of such Agreements and recommend to the County Administrator and the Board of County Commissioners for approval, Page 3 I 4. Consider and recommend to the Cooperative Library Services Manager, the County Administrator and the Board of County Commissioners any changes regarding governance of Members or membership for WCCLS or the Executive Board, 5. Recommend long term funding strategies for countywide library service to the County and Board of County Commissioners, 6. Develop recommendations for the County and the Board of County Commissioners regarding supplemental funding strategies for countywide library services. E. Schedule of Meetings The Executive Board at its first organizational meeting or as soon thereafter as reasonable, shall adopt rules governing its procedures, and which shall include at a minimum: 1) time and place of regular meetings; 2) the method and manner of calling special meetings; 3) the method, term and manner of establishing committees or sub-committees; and 4) Executive Board by-laws and rules of procedure. The Executive Board shall meet as needed to adequately execute its duties and responsibilities. The first organizational meeting shall be a joint meeting with the WCCLS Policy Group and thereafter a joint meeting of the two boards shall be held annually. All meetings of the Executive Board and the WCCLS Policy Group shall be held in accordance with Oregon Public Meeting Laws, ORS 192.610 to 192.710. F. Election of Officers The Executive Board at its first organizational meeting or as soon thereafter as reasonable, shall elect a Chair and Vice Chair/Chair Elect. The term of the officers shall be for two years, with elections held at the Executive Board's annual meeting. The Chair, or the Vice Chair/Chair Elect in his/her absence, shall preside over all meetings of the Executive Board. The Cooperative Library Services Manager (or designee) shall serve as Clerk of the Board and be responsible for providing notices of meetings and keeping minutes, as required by Oregon Public Meeting Laws. G. Quorum A majority of the Members of the Executive Board shall constitute a quorum. All decisions of the Board, unless otherwise provided herein, shall require the presence of a quorum and a majority vote of those representatives in attendance. No recommendation regarding a formula for allocating county funds through the Public Library Services Agreement shall be forwarded to the Board of Commissioners unless it receives the votes of a majority of the Members of the Executive Board. H. Voting Each Member of the Executive Board shall have one vote. In the event that a Member is unable to attend a meeting in which a vote is scheduled to take place, the Member may appoint a designee to attend and vote in his/her place. Under circumstances when neither a Member nor his/her designee can attend, a Member may, prior to the meeting, submit his/her vote to the Chair on a specific issue under signature in writing or by email that clearly identifies the sender. Page 4 I. Adding or Subtracting Members Members shall be added to the Executive Board, as needed, to represent new library service providers admitted to WCCLS through the Public Library Services Agreement (PLSA). Members shall be subtracted from the Executive Board at such time as a library service provider withdraws from membership in WCCLS and ceases to be a party to the PLSA, or when a city assumes management and fiscal responsibilities for operating a community library, or when two or more library service providers merge into one administrative entity. A library that changes its governance (EX: a city library becomes a community library, or a city or community library establishes a library district) retains its membership rights in WCCLS including membership on the Executive Board and authority to receive funds through the Public Library Services Agreement. 5. WCCLS POLICY GROUP A. Membership The WCCLS Policy Group ("Policy Group") shall consist of twelve (12) voting Members representing the ten (10) current contracting library service providers, the West Slope Community Library, and a library that is a non-public library WILInet member (either Tuality Health Information Resource Center or the Oregon College of Art and Craft library). These twelve Members shall be the library directors or their designees. The Policy Group shall. replace the current Library Directors' Board. B. Responsibilities The Policy Group shall advise the WCCLS Executive Board and the Cooperative Library Services Manager on issues pertaining to the development and implementation of policies and procedures for delivery of public library services to all county residents, and to provide technical and professional support for the WCCLS Executive Board. This includes but is not limited to the following matters: 1. Develop, approve and implement shared policies and procedures for the delivery of direct public library services by member libraries, 2. Advise the Cooperative Library Services Manager on issues related to the provision of library services to special populations, 3. Advise the Cooperative Library Services Manager on operational considerations for contracts related to the provision of centrally provided support services, 4. Recommend annual service plans and review budget allocations for centrally provided support services and library services to special populations to the Cooperative Library Services Manager and the Executive Board, 5. Advise the Cooperative Library Services Manager and the Executive Board on the allocation of County resources for direct public library service delivery and the formula used to distribute such resources, 6. Provide technical and professional support for the Executive Board regarding governance of members and membership in WCCLS, Page 5 7. Encourage and provide a forum for positive and timely communication among library directors and staff to continuously evaluate and improve library services to county residents, 8. Develop recommendations 'for long term funding needs and strategies for the Executive Board, 9. Provide technical and professional support for the Executive Board regarding supplemental funding strategies for countywide library services, 10. Keep abreast of library trends and developments; evaluate and recommend service implementation changes as needed to the Cooperative Library Services Manager. C. Schedule of Meetings The Policy Group at its first organizational meeting or as soon thereafter as reasonable, shall adopt rules governing its procedures, and include at a minimum: 1) time and place of regular meetings; 2) method and manner of calling special meetings; 3) method of establishing committees or sub-committees; and 4) Policy Board by-laws and rules of procedure. The Policy Group shall meet monthly or as needed to execute its duties and responsibilities. The first organizational meeting shall be a joint meeting with the WCCLS Executive Board and thereafter a joint meeting of the two boards shall be held annually. All meetings of the Policy Group and the Executive Board shall be held in accordance with Oregon Public Meeting Laws, ORS 192.610 to 192.710. D. Election of Officers The Policy Group at its first organizational meeting or as soon thereafter as reasonable, shall elect a Chair and Vice Chair/Chair Elect. The term of the officers shall be for one year, with elections held at the Policy Group's annual meeting. The Chair, or the Vice Chair/Chair Elect in his/her absence, shall preside over all meetings of the Policy Group. The Cooperative Library Services Manager (or designee) shall serve as Clerk of the Board and be responsible for providing notices of meetings and keeping minutes, as required by Oregon Public Meeting Laws. E. Quorum A majority of the Members of the Policy Group shall constitute a quorum. All decisions of the Group, unless otherwise provided herein, shall require the presence of a quorum and a majority vote of those representatives in attendance. No recommendation regarding a formula for allocating county funds through the Public Library Services Agreement shall be forwarded to the Executive Board unless it receives the votes of a majority of the Members of the Policy Group. F. Voting Each voting Member of the Policy Group shall have one vote. Under circumstances when a Member cannot attend, he/she may, prior to the meeting, submit a vote to the Chair on a specific issue under signature in writing or by email that clearly identifies the sender. Page 6 G. Adding or subtracting members Member representatives shall be added to the Policy Group, as needed, to represent new library service providers admitted to WCCLS through the Public Library Services Agreement. Member representatives shall be subtracted from the Policy Group at such time as a library service provider withdraws from membership in WCCLS and ceases to be a party to the PLSA, or when a city assumes management and fiscal responsibilities for operating a community library, or when two or more library service providers merge into one administrative entity. A library that changes its governance (EX: a city library becomes a community library, or a city or community library establishes a library district) retains its membership on the Policy Group. 6. AMENDMENTS All changes, modifications, or amendments to this Agreement shall only be considered upon approval of three fourths (3/4) of the Member representatives of the Executive Board. Following a recommendation from the Executive Board, this Agreement may be changed, modified, or amended only in writing and upon approval of all of the parties to this Agreement. 7. SEVERABILITY The terms of this Agreement are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Agreement that results in the invalidity of any part, shall not affect the remainder of the Agreement. 8. INTERPRETATION The terms and conditions of this Agreement shall be liberally construed in accordance with the general purposes of this Agreement. 9. TERMINATION This Agreement may be terminated only pursuant to the following: A. This Agreement shall terminate as to any individual party upon that party ceasing to be a party to the Public Library Services Agreement (PLSA) dated 1/20/04. B. This Agreement shall terminate in its entirety, as to all parties, upon execution of a declaration signed by three-fourths (3/4) of all parties to this Agreement terminating its effectiveness. Page 7 10. COMPLIANCE WITH LAWS Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services and activities provided under this Agreement. 11. LIABILITY AND INDEMNIFICATION Notwithstanding that actions by some or all of the parties to this Agreement may be undertaken on behalf of the others, each party agrees to be responsible for the consequences of any wrongful acts of the party's employee as they affect any other party or a person not a party to this Agreement. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to indemnify the other parties and each of them, and hold each and all harmless from any and all claims, actions or suits arising out of a wrongful act of the first party's employee done in the course and scope of this Agreement. 12. NO BENEFITS No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. 13. NOTICE Any Contractor shall give immediate written notice to the County of any action or suit filed or any claim made against that party that may result in litigation and is directly related to this Agreement. 14. INSURANCE Each party agrees to maintain insurance levels, or self-insurance in accordance with ORS 30.282, for the duration of this agreement at levels necessary to protect against public body liability as specified in ORS 30.270. Contractors which are community libraries shall provide certification of insurance upon request. 15. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 16. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. Page 8 FOR THE CONTRACTOR: Signature Title Date FOR WASHINGTON COUNTY: Signature Title Washington County APPROVED AS TO FORM: Sr. Assistant County Counsel Page 9 111 .5 0C-))/Y)1nU/Y)iCZbo-n 3 ~a•13.US- TIGARD HIGH LEADERSHIP 9000 SW DURHAM ROAD • TIGARD - DREGON• 97224 (503) 43 1 -551 S 0 FAX (503) 43 1 -541 O HTTP://THS.TTSD.K 1 2.OR.US/LEADERSHIP/HOME.HTML 200=20D6 , City Council Student Report: December 13, 2005 "Nothing Less 7 Student Envoy: Krista Foltz Acbvitier Director a I. Academics Judy tdU ' i. Last Week before Winter Break ii. About 1 month left in 1$' semester P) es)dert 11. Athletics Krista`.oltz. a. Coach Hassman returns to Girls Vice President: Basketball program-games on Jluan vrraiker_, Tuesday and Friday nights (beat McMinnville by 28) Activities b. Boys Basketball working on their `'Jasni Dizda - rev)c offense started later than girls at 1-1 c.. Wrestling has 40+ kids this year, very Secretaryr young team Karyn silva } "zf: i. High hopes for Tyler Gillespie (5' In state). L III Treasurer ; M d. Tigerettes received 2"d at Gresham Chari)e`Sandbocompetition December 3'd Human Relattorls e. Cheerleaders hosted competition on Stephanie Shields December 3'd as a major fundraiser a III. Arts Assemblies t ? Jae Specht a. Choir i. Choralation has had spirit l performances at The Lion's Club, Lane Ronne ,j Rotary club, and at our Winter Formal Assembly 77 Publ)c)ty Heidi Dickinson ii. Holiday concert is Tonight at 7:30pm in the auditorium Tech Coordinator Ili. Concert Choir at the Grotto Austin Ruferier tomorrow at 9:00 pm b. Band u t4 I. Band concert this Thursday in the _ r t! auditorium at 7:30 pm c. Theatre I. Hosted the Winter Formal dance on Saturday a x a ii. Tryouts for the new show start in January iii. Regionals will be coming up after the Break IV. ACTIVITIES I. Canned Food Drive was very successful-we met our goal of 15,000 cans H. Winter Week was last week with an assembly and dance iii. Upcoming: Human Rights Week January 9-13t' theme is "Keep It Real" AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE : DEC. 13, 2005 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED L CITIZEN COMMUNICATION Page 1 MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council Agenda Item No. 3, 3 CL. For Agenda of _December 13. 2005 FROM: Cathy Wheatley, City Recorder; DATE: December 5, 2005 SUBJECT: Three-Month Council Calendar Regularly scheduled Council meetings are marked with an asterisk December 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 20* Tuesday Council Business Meeting - 6:30 pm, Town Hall 26 Monday Christmas Holiday - City Offices Closed 27* Tuesday Council Business Meeting Canceled January 2 Monday New Year's Holiday - City Offices Closed 6 Friday Special Council Meeting - Goal Setting - Noon - 5 p.m.; Second Floor Library Conference Room 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 16 Monday Martin Luther King, Jr. Day Holiday - City Offices Closed 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 31 Tuesday 5th Tuesday Council Meeting - 7-9 p.m., Tigard Water Auditorium February 14* Tuesday Council Business Meeting - 6:30 pm, Town Hall 21 * Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 20 Monday Presidents Day Holiday - City Offices Closed 28* Tuesday Council Business Meeting - 6:30 pm, Town Hall I:tadmtcity councih3-month calendar for 12.13.05 cc mtg.doc 3-Month Council Calendar - December 2005 to February 2006 1 Tigard City Council Tentative Agenda 2005 Agenda Item No. 3, 3 b Meeting Date: December 20, 2005 Meeting Date: December 27, 2005 Meeting of la, 13 05 Meeting Type/Time: Business/6:30 PM Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Greeter: Greeter: Materials Due @ 5: December 6, 2005 Materials Due @ 5: December 13, 2005 Bid Opening Deadline: December 5, 2005 Bid Opening Deadline: December 12, 2005 Scan Deadline @ noon: December 2, 2005 Scan Deadline @ noon: December 9, 2005 Req to Sched Due @5: November 18, 2005 Req to Sched Due @5: November 23, 2005 Televised: No Televised: Yes Attorney Attends: No Attorney Attends: No Study Session Meeting is now a Business Meeting Update on Potential Financial-Related Ballot Measures from Other Jurisdictions - Tom I. Meeting Canceled 20 min. Police Accreditation Discussion - Bill D. - 10 min. Consent Agenda Consent Agenda Award Contract - General Legal Svcs. - Tom I. Award Contract - Labor Attorney - Tom I. Approve WCCLS IGA - Margaret PRAB Appts. - RES - Dennis Initiate Vacation - Un-named Right of Way E. of 74th Ave. & Approx. 680' No. of Durham Rd - Tom C Business Meeting Business Meeting Presentation of Bronze Safety Award to Loreen - Mayor & Craig P. - 5 min. PHQJ - Sunrise Annexation - ZCA 2005-0004 - Tom C. - 15 min. (cont. from 11/22/05) GIS Coordinator Budget Amend #4 - Gary ElTom 1 15 min - Need RS Indonesian Resource Cities Exchange Program Report - 30 min - Loreen/Liz Recess Business Meeting & Convene Workshop: Joint Meeting with IWB (SI) - Dennis 40 min - Regulation of Future Water Connections Outside City Limits - Locating Park Improvements at Surplus Property Locations - Long-term Water Supply Selection Criteria Time Avail.: 135 min. - Time Scheduled: 105 min Time Avail.: 135 min. - Time Scheduled: min Time Left: 35 min. Time Left: min. Note: Chamber Rep on Citizen Com. (P. Brown) 12/6/2005 Tigard City Council Tentative Agenda 2006 Meeting Date: January 6, 2006 Meeting Date: January 10, 2006 Meeting Date: January 17, 2006 Meeting Type/Time: Special/ noon Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 Location: 2nd Flr. Lib Conf Rm Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: December 23, 2005 Materials Due @ 5: December 27, 2005 Materials Due @ 5: January 3, 2006 Study Session Workshop Agenda Joint Meeting with Budget Committee - Tom I. - Council Goal-Setting Meeting 40 min. SI 4th Quarter Goal Update - Joanne Discuss Annexation Policy - Tom C - 45 min. Consent Agenda Business Meeting State of the City Address - Mayor - 15 min. 4th Quarter Goal Update - Craig P/Joanne 15 min. Time Avail.: 135 min. - Time Scheduled: min Time Avail.: 200 min. - Time Scheduled: 200 min Time Left: min. Time Left: 0 min. THS Student Envoy - Citizen Comm. 12/6/2005 Tigard City Council Tentative Agenda 2006 Meeting Date: January 24, 2006 Meeting Date: January 31, 2006 Meeting Date: February 14, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting TypelTime: 5th Tues/7 PM Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: Water Building Aud. Location: City Hall Greeter: Greeter: Dennis Greeter: Materials Due @ 5: January 10, 2006 Materials Due @ 5: January 17, 2006 Materials Due @ 5: January 31, 2006 Study Session Fifth Tuesday Meeting Study Session Councilor Woodruff will be absent. Confirmed: Stacie Yost will facilitate. Executive Session - Labor Negotiations - Sandy - 20 min. Consent Agenda Consent Agenda Business Meeting Business Meeting Tigard Vision - 2005 Accomplishments Update - Liz & Loreen , 20 min Presentation - Tual. Riverkeepers: "Field Guide to Erosion Prevention and Sediment Control for Const. Sites - Liz - 15 min. Time Avail.: 135 min. - Time Scheduled: 65 min Time Avail.: 135 min. - Time Scheduled: min Time Left: 70 min. Time Left: min. Chamber Rep - Citizen Comm. THS Student Envoy - Citizen Comm. 12/6/2005 Tigard City Council Tentative Agenda 2006 Meeting Date: February 21, 2005 Meeting Date: February 28, 2006 Meeting Type/Time: Workshop/6:30 p.m. Meeting TypelTime: Business/6:30 p.m. Location: City Hall Location: City Hall Greeter: Greeter: Materials Due @ 5: February 7, 2005 Materials Due @ 5: February 14, 2006 Workshop Agenda Study Session Joint Meeting with Planning Commission - Tom C. - 30 min. - SI Consent Agenda Business Meeting Time Avail.: 200 min. - Time Scheduled: min Time Avail.: 135 min. - Time Scheduled: min Time Left: min. Time Left: min. 12/6/2005 Agenda Item No. -3,3 C J Meeting of 10,13-05 Approved E3y Tualatin City Council Date MINUTES Recording secretar TUALATIN CITY COUNCIL/TIGARD CITY COUNCIL/ TIGARD-TUALATIN SCHOOL DISTRICT BOARD MEETING OCTOBER 17, 2005 PRESENT: Tualatin Mayor Lou Ogden [5:25 p.m.], Tualatin Councilors Chris Barhyte, Chris Bergstrom [5:20 p.m.], Bob Boryska, Mike Gillespie, Jay Harris, and Council President Ed Truax; Tualatin City Manager Steve Wheeler; Paul Hennon, Community Services Director; Tualatin Police Chief Kent Barker Tigard Mayor Craig Dirksen, Tigard Councilors Sally Harding [6:07 p.m.], Sydney Sherwood, Nick Wilson [5:45 p.m.], and Tom Woodruff; Tigard City Manager Craig Prosser; Tigard Police Chief Bill Dickinson Tigard-Tualatin School Board Members Caroline Neunzert, Chair; Barry Albertson, Conde Bartlett, Art Rutkin; Tigard-Tualatin School District Superintendent Rob Saxton ALSO PRESENT: King City Mayor Chuck Faes Durham City Councilor Dean Gibbs ABSENT: Tualatin Councilor Bob Boryska Tigard-Tualatin School District Board Member Mark Chism 1. Call to Order / Introductions Tualatin Mayor Pro Tern Truax called the meeting to order at 5:10 p.m. Introductions were done by the city officials of Tigard, Tualatin, King City, Durham, and the Tigard-Tualatin School District Board members present. Tualatin Council President Truax welcomed all to the meeting. 2. Intergovernmental School District /City Law Enforcement Issues Truancy Regulations Tigard Police Chief Bill Dickinson, gave a brief PowerPoint presentation on truancy regulations. This issue was brought to Tigard's attention by a School Resource Officer. Tigard Police Officer Dan Gill was present and mentioned a recent incident of five students that were walking away from the high school campus while school was in session. Office Gill said he made contact with the students three blocks from the high school, four of the five returned to school, however the fifth student refused to return to school. There is actually no law requiring students to return to school while in session, and it has become a large problem with more students leaving while school is in session. Office Gill said there needs to be a tool in place to help get youth back in school. Tigard High School Principal Pam Hendee said it can be a problem and it would be helpful to have an avenue to keep youth in school. SPECIAL JOINT MEETING MINUTES OF OCTOBER 17 2005 -2- Tigard Police Chief Dickinson said the first step is establish there is a problem that is growing. He gave some statistics on truancy, and said student non-attendance is a problem that goes beyond the school and community at large. At this point police do not have any authority over defiant truancy. Tigard is currently working on an ordinance to enforce Oregon's compulsory attendance law. There are some exceptions, but essentially it would require youth to be in school, which is something that would support what is already State law. Tigard Police Chief Dickinson distributed draft ordinance language that would propose to allow police officers to place students in protective custody and return them back to school, or to their parents. He emphasized it is not an "arrest". This would assist in making the system work to allow officers to help youth stay in school and continue to complete an education. This is truly in the best interest of the youth, and asked if the TTSD is supportive. TTSD Chair Neunzert said this issue would need to be brought forward on a future TTSD agenda, for the board to consider the proposal. She praised Tigard Police Chief Dickinson for his pro-active stance. TTSD Chair Neunzert said they would also need to hear from the school administrators also. Methamphetamine - What Actions are CitV Et School District Officials Taking Tualatin Police Chief Kent Barker and Tigard Police Chief Bill Dickinson gave a brief presentation on what has been done to address the growing "meth" problem, one of the most dangerous drugs police have seen. Tualatin Chief Barker said Tualatin formed a Community Response Unit (CRU), and various presentations on the subject were presented on the local cable network. Unfortunately the CRU was only able to work on the problem for about 8 months, as the department was shorthanded. A video/DVD produced by the Washington County Sheriff's Office entitled "Crystal Misery", will be presented to high school students, and possibly even middle school students. It is a powerful presentation and the attempt is to get youth not to try meth in the first place. Tigard Chief Dickinson said they are doing something similar. Tigard Chief Dickinson distributed information on drug efforts that are being done, and pamphlets also available for youth in the schools. Tualatin Mayor Ogden said he has seen the video and it is well done. He noted that Washington County was given a grant to address to the meth problem, and it was decided to approach the issue with this direction of outreach, versus hiring more officers, etc. Tualatin Mayor Ogden said he believes this is a "top priority" agenda item, and the cities and communities need to continue with significant outreach. Tualatin Councilor Chris Bergstrom said having attended and graduated from Tualatin High School, there was a peer-to-peer program, and suggested some way to incorporate positive role models that are your peers. It was asked if this video has been able to be widely distributed and Tualatin Chief Barker said it is now able to distribute globally. Discussion followed on how to reach youth in the schools and the community and giving youth more activities to participate in the schools, etc. Mayors Ogden and Dirksen asked the School District what the cities can do, and said all should work together to address this growing problem. School District Reaction to Possible K-9 Sweep through Schools Tualatin City Manager Steve Wheeler said this was a suggestion by Tualatin, and the Tualatin City Council's possible interest in such a program. Brief discussion followed, and TTSD Chair Neunzert said this item would need to be part of an TTSD Board meeting agenda and could further be discussed there. TTSD Chair Neunzert said to get in contact with the TTSD Superintendent to place an item on the TTSD Board agenda. TTSD Superintendent Rob Saxton SPECIAL JOINT MEETING MINUTES OF OCTOBER 17, 2005 -3- said this suggestion is something that could be considered. TTSD Board Member Art Rutkin said there is nothing presently in the policy addressing this issue, but there are some rights of the schools as to school property ownership, and also the rights of students need to be taken into consideration. 3. Washington County Planning on Bull Mountain Tualatin Mayor Ogden gave a brief background on the planning issues that are currently happening in Washington County, and urbanization in south Tualatin that could be happening. Tigard Mayor Dirksen, said Areas 63 and 64 are not contiguous to the city of Tigard, and their most recent information is Washington County may be doing the planning. Tualatin Mayor Ogden asked if Tigard is not in a position to spend funds for master planning is there a likelihood Washington County would do that. Tigard Mayor Dirksen said Tigard would be prepared to annex if the land was contiguous, but it is not. Discussion followed on how this could create a strain on city services, and infrastructure. Tigard Councilor Woodruff said it is no secret this is an issue for all cities and how Washington County will approach this and what their role will be. Discussion followed. King City Mayor Chuck Faes added that in the next few years, King City's population is going to increase ten fold due to residential development. 4. Overview of Tualatin's Urban Renewal Program and Status Update of Tigard Urban Renewal Program Tualatin Community Development Director Doug Rux gave a brief presentation on Tualatin's urban renewal program. Urban renewal was created in 1979 in Tualatin. There is a 327 acre central district, and a second district, the "Leveton" district, a corporate "campus" area, in the industrial area of Tualatin, comprised of 377 acres, with no infrastructure in place. Tualatin is managing a success urban renewal program, its successes are the Tualatin Commons project, transportation projects, and also a facade improvement grant program. Both districts are moving to closeout with various projects being completed on an annual basis. Tom Coffee, Tigard Community Development Director, distributed a excerpted copy of a report accompanying a draft City Center urban renewal plan, on what Tigard is planning for their urban renewal program. He gave a brief background on the information distributed along with the schedule timeline. Tigard Council has determined not to use the condemnation process mechanism. Discussion followed on the projected maximum indebtedness, etc. Tigard will also be discussing with Tualatin Valley Fire a Rescue, and Tigard City Manager Craig Prosser said they have held many discussions with Washington County. Tigard Mayor Dirksen pointed out this would not impact the schools with any loss of funding. TTSD Chair Neunzert said this would be an issue to be brought forward on the TTSD Board meeting agenda. Brief discussion followed. 5. Tigard Discussion with School District Officials Reeardine Possible Land Purchases Tigard City Manager Prosser said the City of Tigard and the Tigard-Tualatin School District Superintendent have been discussing several properties that the School District is interested in possibly selling. Tigard is in the process of looking for lands to purchase. SPECIAL JOINT MEETING MINUTES OF OCTOBER 17, 2005 -4- Dennis Koellermeier, City of Tigard Public Works Director, said they have asked their Parks Board to examine potential parkland. He said it began with 51 potential properties and is whittling down. Assuming the Tigard Council is in agreement, they would anticipate the Council would authorize continuing discussion with TTSD on a particular piece of property. TTSD Chair Neunzert said the District will be spending the bulk of the school year having hearings on a number of properties that the School District currently holds. Decisions will need to be made on which properties would be best to keep with the School District and which to sell. TTSD Chair Neunzert said the District takes care of children first, then taxpayers, and then if there can be mutual partnerships on property disposition, it could achieve all of those goals. TTSD Superintendent Saxton said not all properties are being considered in the same way. They are looking at lots on the Alberta Rider Elementary School site, the old CF Tigard cafeteria building, the old Tualatin Elementary, old Hibbard School District Administration site, and the Avery north parcel, next to the new Tualatin Elementary. Also the back portion of the new Tualatin Elementary School site, the Byrom/Tualatin High property site, Durham Center, part of Deer Creek Elementary School property, Durham Elementary School access road, The Transportation Center off Hall, Fowler Middle School property, Templeton Elementary School access, and property needed for future school sites will be discussed. TTSD wilt be working this into their capital access plan with the disposition of these various properties. 6. Tualatin Discussion with School District about Disposition of the old Tualatin Elementary School and Tualatin Food Pantry Tualatin Mayor Ogden said he has had many contacts about keeping the old Tualatin Elementary School functioning and the various social service agencies that are currently located at the school. November 3~d is the date TTSD is expecting a recommendation on the disposition of that building, and the TTSD Board is currently taking public testimony about the issue. Superintendent Saxton said many people that have ideas on how the property should be used, but to keep in mind what the mission of the School District is when making decisions such as this. The Caring Closet and the Tualatin Resource Center are School District programs, and TTSD also recognizes the need for the Tualatin Food Pantry. As mentioned decisions will need to be made and will be reviewed at their November 3rd board meeting. Tualatin Mayor Ogden again mentioned there are a number of parties that have an interest in that building, however if it comes under new ownership, etc., there will be Code issues, and Mayor Ogden said he wants to be prepared in whatever role Tualatin would have as the permitting jurisdiction. Superintendent Saxton said technically the School District does not need to conduct a public process, but the TTSD board wanted to take public input on the .disposition of the various properties and November 3rd is the timeframe that was set up to make such a recommendation, and he also noted the written record is still open. Tualatin Councilor Mike Gillespie clarified, in response to Superintendent Saxton's comments, the importance of Tualatin's stake in the old Elementary School, as it is seen as a "hub" and a big part of the community. Discussion followed. TTSD Chair Neunzert said she hopes what comes out of such a meeting as this, wants Tualatin to get hold of the superintendent, and others. Tualatin Councilor Gillespie said he is really looking to get more of a formal communication from TTSD to the Tualatin Council about the disposition of these properties. TTSD Chair Neunzert clarified that November 17`h is the actual "hearing", and November 3rd is their recommendation date, in response to the Tualatin Council's concern of the quick turnaround. SPECIAL JOINT MEETING MINUTES OF OCTOBER 17, 2005 -5- Tualatin Mayor Ogden suggested getting the School District Superintendent and the Tualatin and Tigard City Managers together on the issue to be able to discuss the process further. Tigard City Manager Prosser said both he and his predecessor have had regular meetings with the TTSD superintendent and wilt now be including Tualatin City Manager Steve Wheeler in those regular meetings. Mr. Wheeler said he wilt have information to get to TTSD before November 3rd. concerning Tualatin's viewpoint on the disposition of the old Tualatin Elementary School site by the District. TTSD Chair Neunzert, in response to Tualatin Councilor Gillespie's comments, clarified Tualatin's position on getting information communicated to the city councils. Discussion followed on how to better communicate information from TTSD to the various jurisdictions. Also concern was expressed by Tigard officials on the property disposition at the Alberta Rider site, as with increases in population, once the property is gone, it is gone. TTSD Superintendent Saxton said appears there is great concern about the property surplus and what to do with it, and he asked that the interested parties come forward to TTSD with information. Discussion followed. Tualatin Mayor Ogden reiterated that it would be helpful to have a meeting next week to further discuss the properties, and it is not Tualatin's intent to say TTSD isn't doing a good job. Mayor Ogden suggested that the cities and school district should try to work together more cohesively and communicate more of what is going on in our respective communities. 7. School District Tobacco Policy - removed from agenda. 8. Positive Aspects of the Tualatin Skate Park - removed from agenda. 9. Other Issues that May Arise None. 10. Adiournment The meeting adjourned at 7:15 p.m. Steve Wheeler, Tualatin City Manager , Maureen Smith, Recording Secretary AGENDA ITEM # 3 FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Initiating Action to Transfer Jurisdiction of a Certain County Road within the Ci of Tigard t the Ci of Tigard PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council approve the attached resolution requesting that the Commissioners of Washington County transfer jurisdiction of a portion of SW 95th Avenue within the City of Tigard to the City. STAFF RECOMMENDATION Staff recommends that Council approve the attached resolution requesting transfer of jurisdiction on a portion of SW 95`h Avenue to the City of Tigard. INFORMATION SUMMARY A segment of SW 95th Avenue from approximately 85 feet north of SW North Dakota Street to Highway 217 lies within the City of Tigard and has been assumed to be a City street for many years. Washington County staff recently discovered that an official transfer of jurisdiction has not occurred for this particular segment and wishes to correct that oversight by transferring this segment of road to the City. The City concurs with this transfer to ensure continuity of jurisdiction for its street system in this area of the City. County roads with designated County road numbers have to be transferred by separate action in accordance with ORS 373.270(6). The transfer process begins with a Council resolution requesting that the Commissioners of Washington County transfer jurisdiction of a road, or roads, to the City. The Commissioners then act on the request in accordance with ORS 373.270(6) to execute the transfer. The attached resolution begins the transfer process for that segment of SW 95th Avenue not currently under City jurisdiction. That segment of 95th Avenue is listed as County Road No. 1018, and extends from approximately 85 feet north of SW North Dakota Street to the northerly boundary of State Highway 217. The actual street connects to SW Shady lane and does not proceed into the Highway 217 right-of-way. However, to ensure that no segments of that road are left under County jurisdiction, the entire segment as described under County Road No. 1018 would be transferred through this request. OTHER ALTERNATIVES CONSIDERED Leave the street under Washington County jurisdiction. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution with Exhibits A and B FISCAL NOTES There are no costs involved in the transfer of jurisdiction. i1englgus\council agenda summaries\12.13-05 resolution for transfer of a county road to the city ais.doc AGENDA ITEM # 3' , 5 FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Lease a Portion of the Canterbury Property to Washington County Consolidated Communications Agency for Construction of an Emergency Communication Tower PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Consider leasing a portion of the Canterbury property to Washington County Consolidated Communications Agency for construction of an emergency communication tower. STAFF RECOMMENDATION Staff recommends the City Council approve the lease with Washington County Consolidated Communications Agency, allowing the agency to proceed with construction of an emergency communication. tower on the Canterbury property. INFORMATION SUMMARY The City of Tigard is a member of Washington County Consolidated Communications Agency (WCCCA). This agency provides 9-1-1 service and public safety communications for police, fire and emergency medical services in Tigard and throughout Washington County. Lapses in emergency communication coverage exist in the Tigard/Durham area. In response to complaints from emergency service providers, WCCCA has evaluated emergency communication coverage in our area. The agency determined that lapses in communication are related to hilly terrain. In order to improve local emergency communication and eliminate gaps in coverage, WCCCA has proposed construction of an additional emergency communication tower. The city's Canterbury property has been identified as an ideal site for the new facility. Part of the Canterbury property is used for the city's water system and the Tigard Water District (TWD) is the actual owner of the property. At their October 24, 2005 meeting, the TWD board authorized the Intergovernmental Water Board (IWB) and the City Council to execute the emergency communication tower lease. Additionally, WCCCA has applied for, and obtained, land use approval for a communication tower at the Canterbury site. The Intergovernmental Water Board, after reviewing a presentation from WCCCA, is now recommending the City Council execute the lease agreement. Since this is an agreement between two public agencies, and as a WCCCA member Tigard will share in the cost of the lease, staff believes it is appropriate to assess WCCCA a nominal fee. In addition, Tigard citizens living in the vicinity of the tower will benefit from improved emergency communication coverage. Section 18 of the lease addresses subleasing commercial space on the tower and identifies Tigard as the recipient of any revenue resulting from sublease agreements. WCCCA will be responsible for the insurance and annual operating costs of the facility. OTHER ALTERNATIVES CONSIDERED Decline to lease a portion of the Canterbury property to WCCCA for construction of an emergency communication tower. However, WCCCA would need to search for another site, and any such site is likely to result in greater costs to the city through its participation in WCCCA. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #1 "The community residents, business owners, and service providers will understand their roles through effective communication to successfully enhance public safety and emergency services." Goal #3 "The Community will be trained and prepared for emergencies." ATTACHMENT LIST Lease Agreement . Exhibit A, Site Plan FISCAL NOTES WCCCA will be responsible for the construction, insurance and aimual operating costs of the facility. Aside from its participation in WCCCA, the city will not bear any of the expense related to the project. City Council Document Transmittal CITY OF TIGARD '`OREGON To: From: Date: 1 a 14, of I'm sending you: Document Type: ❑ IGA ❑ Contract ❑ Other Lc-a-w--- Document Name: Approved at the Council Meeting of: Number Copies Included: 3 9 /your. document(s) have been signed by the Mayor ❑ Your document(s) have been signed by the City Manager Dour document(s) requires an additional signature(s) DVhen all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: k: ADM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC COMMUNICATIONS FACILITY SITE LEASE ~/l ~z ce,n l2e:v THIS Lease agreement entered this 3 day of Nevefl;ber 2005 by and between The City of Tigard (Lessor), and Washington County Consolidated Communications Agency, an ORS 190 Organization, Beaverton, Oregon (Lessee). WHEREAS Lessor is the owner of certain real property located in Washington County, State of Oregon, at 10310 SW Canterbury Lane Tigard, Oregon and hereinafter referred to as the Property, and; WHEREAS Lessee desires to Lease an approximate 1,500 square foot portion of the property more particularly shown on Exhibit "A" attached hereto (herein referred to as the Site) for the purpose of erecting and operating thereon a radio communication tower, building, fencing and associated facilities (herein referred to as the Communications Facility), and; WHEREAS Lessor desires to lease the Site to Lessee upon the terms and conditions hereinafter set forth, and; NOW THEREFORE in consideration of the mutual promises contained herein agree as follows: 1. Leased Rights: Lessor does hereby lease to Lessee the Site together with a nonexclusive easement for the right-of-way of ingress and egress to and from the Site from the nearest adjacent roadway, with the right to use existing roads (the Easement). In addition, Lessee shall have the temporary right to use such portion of the Property along or adjacent to the Site only for so long as may be necessary for the construction, maintenance, repair, alteration, removal or replacement, as applicable, of the Communications Facility so long as such temporary use, as determined in the exclusive discretion of Lessor, does not unreasonably interfere with Lessor's use of the property. 2. Authori : Lessor covenants and warrants, that Lessor has the title to the Property and that Lessor has the right and authority to enter into this Lease. Lessee shall not have priority over or interfere with existing uses on the Property. Lessor makes no warranties or guaranties with regard to the Property, and specifically does not guarantee, warrantee or in any other way covenant and agree that there shall be no interference of Lessee's proposed used of the Site from the use on the Property as of the date of the Lease. Lessee has made its own investigation of the Property and is relying solely upon such investigation, and not upon any written or verbal representations of Lessor or any of its agents, employees or representatives, with regard to the status of the Property and its fitness for Lessee's intended use. 3. Lease Term: The primary term of this Lease shall commence on the date Lessee executes this Lease and terminate on the ten (10) year anniversary of such date, provided, that extensions to the term of the Lease may be granted as hereinafter set forth. Lessee may terminate the Lease upon not less than ninety (90) days written notice to Lessor. If Lessee should provide such notice, Lessee shall not be entitled to any refund of fees previously paid. Lessor may not terminate the Lease except by consent of lessee and by written notice to Lessee given not more than one year nor less than one hundred and eighty (180) days prior to the expiration of the initial ten-year term or the expiration of subsequent five year terms as applicable. 4. Lease Renewal: If this Lease has not been terminated prior to the expiration of the initial term or any subsequent term agreed upon by the parties as hereinafter provided, Lessee may give written notice to Lessor not later than ninety (90) days prior to the expiration date of a term requesting an opportunity to negotiate with Lessor for an additional term of not less than five (5) years. Any such additional lease term shall be on such terms and conditions as the parties shall then agree. Page 1 5. Consideration: 5.1 Lease Fees: As consideration for the use of the Site, Lessee shall pay Lessor a fee in the amount of $1.00 per year. Rent shall be paid in advance on or before the first day of each year. 5.2 Damages to the Property: Lessee shall repair or pay to Lessor the cost of repair for any damage done to the Property, including the land and improvements of Lessor and improvements to or personal property located on the Property owned by any person or entity, caused by, arising from or related to Lessee's use of the Property. Lessee agrees to indemnify and hold harmless the Lessor from any claims, damages harm or loss of whatever kind or nature arising from or related to Lessee's use of the Property. Lessee's duty to indemnify Lessor includes the duty to defend Lessor, at Lessee's cost, from such claims damages, harm or loss, by legal counsel reasonably acceptable to Lessor. The provisions of this Section 5.2 shall survive the termination of this Lease. 6. Use and Alteration: The Site shall be used and occupied by Lessee for the construction and operation of a Communications Facility and activities incident, related or similar thereto, including, without limitation, maintenance, repair or removal of and additions or alterations to the Communications Facility, subject to the limitations of use set forth in this Lease. 7. Ownership of Communications Facility: The Communications Facility and any alterations or additions thereto which may be constructed by Lessee on the Site shall be owned by Lessee and shall be removed by Lessee upon termination of this Lease, and any damage to the Property caused by or incurred as a result of such removal shall be repaired or paid for by Lessee in accordance with the provisions of Section 5.2 hereof.. In the event that Lessee does not remove the Communications Facility within thirty (30) days of the termination of this Lease, Lessor shall give Lessee thirty (30) days written notice to remove the Communications Facility. At the end of the thirty (30) day notice period, if Lessee has still failed to remove the Communications Facility and any buildings and improvements which may be erected on the Site and all appurtenances thereto they shall be removed by Lessor, and Lessee shall pay all costs of removal including all attorney fees incurred by Lessor. The provisions of this Section 7 shall survive any termination of this Lease. 8. Repair and Maintenance: Lessee shall, during the term of this Lease, at its own cost and expense, keep and maintain the Site, grounds, Communications Facility and any buildings and improvements which may be erected on the Site and all appurtenances thereto in good order and repair and shall allow no nuisances to exist or be maintained. Lessor shall not be obligated to make any repairs, replacements, or renewals of any kind, nature or description whatsoever to the Site of the Communications Facility or any appurtenances thereto. 9. Notices: All notices, requests, demands or other communications provided for or permitted or required by this Lease shall be deemed given and received upon the earlier of actual delivery in writing to the following address or three (3) days after such shall be deposited in the United States Mail, postage paid by registered or certified mail, return receipt requested, addressed as follows: LESSOR: The City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Attn. Director of Public Works LESSEE: WCCCA PO Box 6375 Beaverton, OR 97007 Attn: Director Page 2 10. Damage and Destruction: If the whole of the Site or the Communications Facility or such portion thereof as will make the Site or the Communications Facility unsuitable for Lessee's business is damaged or destroyed by events not caused by Lessee, then in either of such events, this Lease shall terminate upon written notice of such termination given by Lessee. If any portion of the Site is damaged or destroyed by events not caused by Lessee, and the Lease is not terminated under the provisions of the immediately preceding sentence, then the fees of the remaining portion of the Site shall be equitably reduced. 11. Condemnation: If the whole of the Site or such portion thereof as will make the Site unsuitable for Lessee's business is condemned for any public use or purpose by any legally constituted authority, then in either of such events, at Lessee's option, this Lease shall terminate as of the time when possession is taken by such public authority, and the fees of the Site shall be abated. If any portion of the Site is condemned for any public use or purpose by any legally constituted authority, and this Lease is not terminated under the provisions of the immediately preceding sentence, then the fees on the remaining portion of the Site shall be equitably reduced. Lessee agrees that Lessor shall be entitled to all compensation paid for condemnation of all or any part of the Site excluding the compensation paid for all or any portion of the Communications Facility. 12. Lessee's Right to Cure: Lessor's Remedies: In the event Lessee defaults in performance, or observation of any of the covenants, obligations or conditions, other than payment which is governed by Section 5, on its part to be performed or observed under this Lease, Lessor shall, before exercising any right or remedy provided herein or by law, give Lessee written notice of the default which shall be cured by Lessee within thirty (30) days. If the default is one which, due to its nature, cannot reasonably be cured within thirty (30) days, Lessee shall be deemed to have cured the default if Lessee has commenced the actions necessary to effect a cure within said thirty (30) day period, and thereafter diligently proceeds with all actions necessary to effect a complete cure. If at the expiration of the applicable period, cure has not occurred, Lessor may exercise any available right or remedy, including termination of this Lease. 13. Lessor's Right to Cure: Lessee's Remedies. In the event the Lessor defaults in performance or observation of any of the covenants, obligations or conditions on its part to be performed or observed under this Lease, Lessee shall, before exercising any right or remedy provided herein or by law, give Lessor thirty (30) days written notice of the default or such longer period of time as may be reasonably required to cure a default which, due to its nature, cannot reasonably be cured within thirty (30) days, if during said thirty (30) day period, Lessor commences efforts designed to affect a cure and thereafter diligently pursues such efforts. If at the expiration of said period, cure has not occurred, Lessee may, so long as the default remains uncured, in the place and stead of Lessor, make the payment or accomplish the performance or observance with respect to which Lessor is in default, and in the event Lessee does so, all sums necessarily expended and costs and expenses reasonably incurred by Lessee in connection therewith shall be payable by Lessor to Lessee upon demand. 14. Restrictive Covenants. During the term of this Lease, Lessor shall not use the Property in any manner which would adversely affect the operation of the Communications Facility or use the Site or erect or place thereon any structure, vegetation or other condition which would obstruct the transmission of radio frequencies to or from the Communications Facility or otherwise interfere with operation of the Communications Facility or use of the Site. Lessee's sole remedy for a breach by Lessor of this covenant shall be the right to terminate the Lease. Upon written notice to Lessor specifying proposed actions, and subject to prior written approval by Lessor which may be conditioned, granted or withheld in the exclusive discretion of Lessor, Lessee may, at its own expense, control or remove natural vegetative growth on the Site. Lessee shall be liable for all damages, whether to the land or improvements of Lessor or any other, which may be caused by erosion created by the removal of any vegetation. The provisions of this paragraph shall apply to all officers, directors, subsidiaries or affiliates of Lessee or Lessor, if applicable, and shall be binding upon the successors and assigns of Lessor and Lessee. Page 3 15. Hazardous Materials. Lessee shall not cause or permit any hazardous material to be brought upon, kept or used in or about the Site or the Property by Lessee, its agents, employees, contractors or invitees without the prior written consent of Lessor,'which shall not be unreasonably withheld as long as Lessee demonstrates to Lessor's reasonable satisfaction that such hazardous material is necessary or useful to the Lessee's business and will be used, kept, and stored in a manner that complies with all laws regulating any such hazardous material so brought upon or used or kept in or about the Site or the Property. Lessor hereby acknowledges and approves that Lessee has the right to conduct its business of operating a communications site and thus will utilize batteries as power backup, diesel fuel to power its generator, and equipment which may contain or be considered hazardous materials which Lessee shall comply with all laws related thereto. As used in this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the United States Environmental Protection Agency as a hazardous substance (40 CFR Part 302) and amendments thereto, petroleum products, or such other substances, materials, and wastes that are or become regulated under applicable local, state or federal law. 16. Liens: Each party hereto shall keep the Site free from liens arising out of the work performed, common materials furnished or obligations incurred by such parties, and shall indemnify, hold harmless and defend the other party from any liens and encumbrances arising out of work performed or materials furnished by or at the direction of the party requesting the same. 17. Indemnity. Lessee shall indemnify and hold harmless Lessor, its officers, directors, employees, agents, affiliates and subsidiaries, from and against any and all claims arising from Lessee's use of the Site, the Communications Facility, the easement, the Property, or the conduct of its business or from any activity, work or thing done, permitted or suffered by Lessee in or about the Site or the Property, and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default by Lessee in the performance of its obligations hereunder and from and against any and all costs and expenses and liabilities, including, but not limited to, attorneys fees and litigation costs, incurred in connection with such claim. The provisions of this Section 17 will survive the termination of this Lease. 18. Assignments and Subletting. A. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. B. Lessee may not assign or sublease the Premises during the term of this Agreement. Lessor may assign this Agreement at Lessor's sole discretion. Lessor may sublease the Premises for the purpose of installing, operating and maintaining a public service antenna upon obtaining Lessee's consent, which consent shall not be unreasonably withheld. The rent for this sublease shall be $1.00 per year. The sublease shall contain terms that prohibit the public service antenna from interfering with the operation of the Communications Facility and such other commercially reasonable terms acceptable to both parties. C. Lessor may also sublease antennae space and cable routes at prescribed tower elevations to other tenants upon obtaining Lessee's consent, which consent shall not be unreasonably withheld. Lessor will pay Lessee One Dollar ($1.00) per year for each sublease. Lessor shall receive all subleasing revenue. The land use applications shall show the proposed future antenna locations on the tower. The sublease shall be set forth in an agreement by and between Lessor and subtenant, and approved by Lessee. The sublease agreement shall at a minimum contain terms that prohibit the subtenant's antenna from interfering with the operation of the Communications Facility and other commercially reasonable terms acceptable to both parties. Each subtenant's ground equipment shall be located outside of Lessee's fenced Premises except for required cable routings to and on the tower. Lessee shall permit each subtenant access to the fenced Premises to install and maintain such subtenant's cabling and antenna system. Page 4 19. Holding Over. If Lessee remains in possession of all or any part of the Site after the expiration of the term hereof with the express consent of the Lessor, such tenancy shall be from month to month only, and not a renewal hereof or an extension for any further term, then in such case, fee or other monetary sums due hereunder, shall be paid on the fifth (5th) of each month in an amount of one-twelfth (1/12) of the fee described in paragraph 5 hereof, and such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein 20. Insurances. Lessee shall provide and maintain public liability and property damage coverage through its self insurance fund with limits of $1,000,000 for injury to one person: $1,000,000 for injury to two or more persons in any one occurrence and $1,000,000 for damage to property. Such self-insurance coverage shall cover all risks arising directly or indirectly out of Lessee's activities on or any condition of the Leased Land. Said coverage shall provide for Lessor to be named as an additional insured. The parties agree that said liability and property damage insurance requirements shall be reviewed periodically and maintained at levels acceptable to Lessor. In connection with the above, Lessee shall maintain in force during the performance of this Lease agreement, at its expense, Workmen's Compensation Insurance or equivalent insurance. 21. Taxes and Assessments. Lessee agrees to pay to Lessor when billed, all lawful assessments and charges which Lessor is required to pay because of Lessee's use of the Site, including any real property or personal property tax or fire protection assessments which Lessor shall receive and be required to pay as a result of Lessee's use and operations from or upon the Site. This obligation shall include all real property or personal property tax or fire protection assessments attributable to the improvements themselves and the increase in the value of land occasioned by such improvements. The failure of the Lessee to pay any and all of these taxes upon demand by Lessor shall be grounds, upon the expiration of three (3) months from the date of demand, for the immediate and irrevocable expiration and reversion of this Lease and all rights granted hereunder. 22. Entire Agreement. This Lease constitutes the entire agreement between the parties hereto and cannot be varied except by the written agreement of the parties hereto. 23. Time. Time is of the essence of this Lease. 24. Governing Law. This Lease and all rights and liabilities of the parties hereunder shall be construed and governed by the laws of the State of Oregon. 25. Successors in Interest. This Lease shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 26. Arbitration. All disputes, controversies or claims arising out of or relating to this Lease shall be settled by expedited mandatory arbitration in accordance with the rules of the Arbitration Service of Portland, Inc. as are in effect as of the date of this Lease. The award rendered by the arbitrator(s) shall be final. Notice of the demand for arbitration shall be filed in writing with the other party and with the Arbitration Service of Portland, Inc. The arbitration shall take place in Portland, Oregon. The prevailing party, as determined by the arbitrator, shall be entitled to an award of reasonable attorney fees. All aspects of the arbitration shall be considered confidential and will not be disclosed without the prior written consent of both parties. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date of execution by the last party to sign this Lease. LESSOR: LESSEE: The City of Tigard Washington County Consolidated Communications Agency e~ , , M By: M or Craig Dirksen Director: Paul Pedersen Address: 13125 SW Hall Boulevard Tigard, OR 97223 Federal Tax ID# 93-0503940 Reviewed as to form: Legal Counsel 10178726x2 Page 6 Exhibit A _-JIB € c SW CANTERBURV_L IN I WCCCA POUCE•P@6.1 mim WASHINGTON COUNTY I I ❑ ` LA I ' MRD COLUXAM AMICT w E P.O. BOX 6375 I[[ E2 ERR p~ 1 ~1 ]_q l,_]r1l CNSgBEAVERTON, OREGON 9006 II I PRELIMPIARY 1 I w I aqua I R2mvc d[ I' I I ] NOT FOAR1 / SUBMrrrALJ w I ,o.:.....«R NN., / / % • rtN .I PROJECT AREA I;~ I U 11 1 g NOT FOR I I ~c< / s[E c CONSTRUCTION =l I rs°"'"a I' ; ` I POLICE - FIRE MEDICAL I ~ ~ I f In I SITE NAME: LEGACY I~ B4Rn[Bm I r I CANTERBURY 1252 5 E. LEGACY WIRELESS I 1 `-V / _ - I I , R ipLT~ I < ILWA E. OREGON "E 7RET M 13 iLWAUKI OREGON 9)222 I bb I I _ 6mgroflINO - I 1 '/SW MU ROO C KSTR IT IT =II w..«.. E E._ T: S W M U R D O C K wr m w /y~ JU N D E V E L 0 P^ p-!~/ ! I I rwr w m prt•. . r. SR R.n a n W W.wrr nE LYAr"nOx mac vWrv Nt drEi6ma ~ ~ I . R e SRE P AH mwN4 a mi. 4cm% luim. rwtprra frt. sm wic .n~iuci wrtre • s,v 9Rpam IEfAI 0[%nrr4x vnR,IDPo R My P41rs M cswdrz£ Nc.: $DE.x1uE' OWNER OESdrly] ; ODrS. PoufW K [u [k[ i[d to wY ]S r rB[ M rw'rzp Rnnz « c!" IWMWT tanw w w r,r i. 1 u. r r, is. n.r... ru. mn ar twm. r[v«crd Rr, aa'w'. rr j-~="-R• .x crF vrz a)R r..R.c s.ww w[I m.ysl r"r'[ cwrmeEa. u [°"r"n' ty Arar.Nr/ IRC[P roET[[TDm ,[wr r.2r,t RTTWFSTN]ATNE macwv.c suR+[n' y` ffaPJ1A[Rlr [[t+[v .[RLSf S2P.YII r pAMOm LR R.W, pRngn ftFUnO«S ' ]rprrs YLS) rii SE MMPUMr]rc ."i, SYrt [ ' ot.o.~4 5~ d7E .-2 Mtwrtnd O[t4i cOrTMnd{ dh mwrr wnOx 20[[tlw []006 MMA: 5o2d!{ W S Po. uuCl]E4]MSOIrtiu11~ Mr[S ~d.n2 K rvn w w <hrsK1 ,pY wn20IX Ld t-r LNDII'4C 0.w _ o. RLU[.OPo1G LpI~atnUC[. 01d~R u4 wnu. Iw d0[M~ C-r [I61Wf Rl]L£ []f[ivCLL MO16 Ct...[ for F Sr.OF ,p ww] ~ Sl T[ I L [PRrG] EaVULO M wMMQ.MIrs'.U0 Sr6tG AYd4. 40 /xrOwS - Wu..OxG ¢iLLS. GAMUC do4Y mr®rt ~ C Dl1R2r 6LL"xPaE 6M0 M ]Nq [msrOrt. PorrtcrrOa- RE o°r RNOw E O¢rira r LEGAL OESCwitlN A _ . d~ SHEET PNIX 9a IWE DES" TP m,••••~,•w•. ,••a••m••. mes DOCUMENT RIVI CANTERBURY 1 mTS] m]6.Pr.tRxs u~o d rRIEC R¢ rwr ~<mo.N E .r.R a]mNC uRfm- fTRDN mnNA2 rNT1 ARPORn °A "550°•16' P°r"'•"' r.,nwm r --I n. AVr.SRE[w 6tM2 ~ ~ D6 d K .~t ..r 4,n MR ~ d u~v'.140~r 6Gn l6l d R Y6dr uv; NN [pR d IrE ;bY ]M: 201.]29 ]6b 21R NuMro« O N~ nVMr; NNI [rm0 d K SMl ®M2VNIp; RM qEN] N IwE - fu: ]O] 126 ][2[ ~aDA [(XIPIYN~CF:~ •ESt/Id-]0 v6): t]A[ tx[ ~6 SdM Em tOn]Im5 RAERIC«/Sn0[: [OrrtIR NOxx fR]i 4~ vw].m NO rm rd .wn wlMlGt ZMrc [rr OP 9PC flR ipunOE nC.C[nG/IWN R]R 1]9.} CORIAF d R R .N m, Orr 6, [.«t[nkm' uc Re ndwxR 9R a d 240074 iK Mff 9R ff M[ 2RRFE RIM CN wrzR Wk£ R [rOr(FA Q rm LAND SURVEY v M rs na saO wmVAn a M ORER. rr []M.Ea uul2cm sR .mess x nOr nAaS M "s]acv.RS, kc. 6cpl® SOCFi] rdr us[ R trc wrq M ns urtuta I 103 ] 0 SW CANTERBURY LN ~ xao« ..«sA 6 IpB[O[N mrgR tR 6WR6 RTirs9~Or] R ]2F Oe[RPd mrtwm x wxv[x TIGA70N , O O c- e m Oi '"fit a2~e2u22 'E w^ S.IWON w 9722a momwi '`J _ _ 1 mSivPa[ µ vmacE TITLE SHEET A.BBRE-MmS k SYMBOLS S TE LOCATOR ]uP SOUF: Nt5 CONSULTANT TFAM PRWECT SUMMARY APPROVALS 1 T-1 / ~ 107[074 / wXArnOx F s¢ wi0a4 t rwrvim w➢-InYx,m R~V.IK luw r wa NAB.. e I WCCCA RA ~ K rz ow ww 1 PouG..ME . bacraca {t WASHINGTON COUNTY ux F,cra>m wo-wwlm rvwwum ux nao~ urow. wnnc nurov I OONS HRD ONIARLGIgNS 90CY P.O. BOX 6375 BEAVERTON, OREGON 97006 wwrm -uw ro4 wm arz .n rcw>m wuwert aK wno.. ® 4 [ PRHAdWARY !1 x I,~zm lo.s Im,.wATm FPSIM 9407 .u rNao~ wu u¢wws _ < ~wlw ullowL m. u. uor rtac vrn F-, rwwx owe m nnuc. F NOT FOR AL/ I w wwasm ..nle rule .om w wu .®a ux. wnw„ m.o 9.RwAtG .uL SUBA4TTR TNO In-P # Avf - t x07 W.z Id o m r^+w~ m rcw~ wuow.n ' CONSTRUCTION ~ rwE u"as w rw "o.a Ian , _ ~ m-Fmr w Two ax srwcwx wel m. - ~~~oa •r. wsx N www: xlr o RncowmAS FOI w KEY NOTE LEGEND NEY NOTE LEGEND ' Nc~ J{ > f 1 ~ ~ F;~~' u..olllmc rsc m. IDCF w .wTwr. m I LEGACY xW ~ wrr urn ' Y II I LEGACY mRELESS SERNCES w n ll y~iJ ~Zl if , I I 1252 SF. rrtWWTIUil uY, SwIE F 7x W Kw Ix Y' nu'}: NILWAUKIE. OREGON 97222 ~ uwMr AV, ~=l~,:c_aYl ~ ~mllWnnnL rd o ur. wsx lE wwm. v" ~~5d' 5fy '-p Irk h Nye Y4<.r ~z t a~ .,'s-v' s•r/,~' c°~~w F(h~$2uGy f/S~L~.iC rr ST~j~ w., u. rtla. a' wne -F-~ ulsnwlml,(L,S In arz ~SI 1i y~ ~~,2~\ t''~ o~;_ ~\.~,1n. =r~'~~-~`- - .i~(E~r nmwsm a~rsF"wa ,'y. ° ~ ~ .l k - - ll ! 7 1 p I:wos~ni n.w v¢* F-I Y ✓ 4° z 1, \~r~ \p~ Q ~ f~~=T3 ` \ ~ I +r r~~,J` /~I A{ ~ I .107"07 = nwlrvc nAx , v ~ c .x ~ \ , jl tl-~ ' •~v.3 ~ .1`_` ~:,-_"J~-~.~1 (1~'~(i y '~~i ° _ wawgn sLx rnmr. ~/\/i ~ ~ CANTERBURY N- 240074 yt \ ~ ~3 \`.Itr ~ Ii;j?<j~~A~~4 yln ~Fr~ 'I +t ® x 1>m0310 SW CANTERBURY LN ( -Iw 074 ur TIGARD, OR 97224 ff WASHINGTON CWNTY - xE•. 9ueWS. m. up i 9REf LA[ 1 - 3 A t ENLARGED S1TE PLAN 7 1 ! EXTERIOR ELEVATIONS ' Hlx„ o ) w,awmx mnwRl ' x. wnw~ wIIRw.:~W:IIQ.II w n w YwI~G,ar. w. ww,.o. ~ SMITH ELEVATION A-1 R DM ELEVATION 12 ENLARGED SITE PLAN wzn s'.' . r-c 20 ! Rm rue Br Lax[R,a,aR =w(~ a,xx LOU1e0 BH,I I L i CAUTION Itd o(m"sirMIILAn x xc .ux. BwL H rmmlm u Au A•z wn w•u ,mwao + WCCCA a aalx ves ARA(o w raR Imuns cm.'mnaR 9Wl tA0~0[ ssmY [ Po G ' q®IGL SITE CANTERBURY aiN IB ® © ® nAr~ wq~rov el mM•r9 seB¢q Oicnar.L sN[lY of aplouc E¢rNier+- ? WASHIN INGTTO ON COUNTY OWNER WCCCA u 9 A x~ m d ar wp BHA m x ar COMLUOm COYIIIdSA1pN5 AGENCY 0 coamcro'R s P,O- BOX 6375 SL a mLL r,r eM ` / •mI¢ srurs, s,ve3 Ma allu wuH vNU E3EAVERTON. OREGON 97006 CONTACT 503-690-4111 ow ° ° H ` ~ N, a rz~ r. ® © n.~yle awxL H wnm ,o uus MuT .,+@ ,ono. A.A, rmR ,[c _ PRELUABJPAY Bryant Uia wiI xm ro.@ BA.: 1/I~OILLt eM SicmR HLA s[Cln R.& Ire lie a1 INa vle e. w RL @ [uAxropn u•Ipw vWL H RB(m ax rvaR alo. IW. rRai@ I nw nNmr wNr ro Iwc•WNL uec] - (AH r,oq awR -,,d ,d •e FCC NRn for nxwea uxmeNS swe m as nN+x wr H xACm x Aw n(w LuArwxua. NOT FOR sc,as w mur•`..n x c.PUawe. nc se wo[ swu H ~.v.c,m xm mmn ro . _A, wraN u.". W -.d swBS SUBMITTAL/ .nBO•ru0 For Ywa aas.lr. oeeF iwaw ro r..vo wRe.a .rnlu,or. ane aae gWelun rH ."sRp u NOT FOR wR ANTFNNA NOTES ro0o Iregvarwy Mriramnmta. • [mnK rucm[ scAnt Mr0. cAS. tYCA[ •v0 HxU v1u45 wwN sxo.x vwxaxvxxnorun cmraea ./x azL>• Irs numN Hun ra - wrsoana wM ,IC Lu vnox ar nr Boo. vLUx Y Hymw No/ov uNV. CONSTRUCTION Se®C 5[aIAI AIaRIMS . x n u Vwra. G arIOR Q BrAVwML~ w raxrs nbl wxl uw xr(RY06 wm M L4[ wi@w) eRrµl MR vuuUrt/v;Wl[cl x5)MAY6 I~vtert wr[Ax inL ARTwA Kxw@ A. 0.w. @NtO1 U a( wH.I. SWRC, ro rx( NeROUi U lNBK[xw. aRx@ u0/0.L W RIIRS YxL xrs 5 x. Ma v(an [y.1(t taunw a 10 aas. Axl[xu. RADA FREQUENCY SIGN vPxt xrs 13 me awes [.LV[Rrr ossavm " M[ rnwx Arw xH cw[Yn SITE IDENTIFICATION SIGN SUl(: xrs I ANTENNA MOUNT °q~ rp' rwx .e'~o mmH wle[xm w A 4Hna[ e. one w•'@`a[ui as owx..c vwL H wao m . wuow smc ,w,Lam. uu•[R sMx QOAn As r4mes: I~ Nwil~ r0 ORwa[ LnICL(r[ Play aRi+Lws mP RM@ wm ra wo~wc , Ax0 [ovum rrm NAa u rtEaYRm w rK SM[admv ra waffle[ Asa.. -a wat. v NA~'o * ow xKVgyyv xowAC -ac AI, w; URI) low N r IB coln Iw mn rAts~ILRtI la.mRN U x. c9MRKSOR w wm vRaAC, w•vr(R a A" mul@wxr wM mu.u uaxA osanwx s m [Bm.c sac rwc camRacsw. L~ECA CY ax, exwl BNa1 w~elm•1. wv ~~mR s +rr[exA a[wa w -next wro Ilvl iwna) vRwm@ u.An Rvw m eunc[uLA: avBas. r aoveRn Nxuc rArsrxcmx. swu H x w,[xw -raw R[n rAas UN) (rvn.r¢) ~aRVAxLt wnx n[ Lace ael4xF5 ran rmv41 Aw gaerxr eOxA0. w¢. BwNix,s, gArm Alw ALSa. xwaexx m H cuvwurn ua(ss I, @UVU[ uww rx455°R) m vwB v2 LEGACY EMELE55 SERCE N" . WITS S I F ura4x wn w, - aw a ,M UBN 1 anxvwlu wsm. r lu-ORMxN w - r•a & I..cS 1/HI (A.fAPN N Ix. ust AvcRartn wr[AU rHU rwxatnu @uvArcx r0 Ai Aln WH vl( 2 IY/A UH E, OREGON 97>7 222 BER$.4 .vnOwA - QAm AH .1 U.) II) ALL wl@w w0 C0.1aX wr@W. UAL 10 H NWeaxO " Mx CRpw M Ltl4.rm: cwVA<I ro 9H On 0- PAL ML m_evACRCr wmxu - rwv AH ocs 11x1 Irl"N[I +asu/arwra Aw xnAlLm H mxm nw. •xoa )rtsxsswr mE r9 sH. s" cawllws: u ulsw.au w,out wo wort w.s Ih0 (wvls » uw -Cl- ro H I- uuss Onrlms[ wrtn. rgs'wAa( xm L-r H aF ullsn[n vacx couvecrm xa A, Box aR OuC@m rxs. w• xuw - rwwv( r. rus IMI Ia(A tl s wlExw wn 0E[MZ slASwv x ra oRAwxc s[r w[ rvR KaRwrcx rovxr wnx rw,(cs uAx.c(R vRUR r9 ewcMarw. , wl@w - MRU warE rACS IMI (IUmH) u,oln ax[r. otsrN Aw u•t,PS "onus. IL mm[ wuen [awxmt/s,AtnR u v[wxm. smrt ro m [o¢s ar v4 Bw@w - rww wort uas awl Ir -I r@vILrzR Br x sx uxwu . vLLIL H rACCm n 01 nArFS uvxa f wu[ RTAtIUeROOr w Lvia vwx rARE A0 r4(aws wv~ exauw R@w[r@ H sAUCrux auwHt'Im nwiK Low. b~ "LB ~BHa p: L~ _ ,t At a O aw@ BneFR1¢ °o. IxArRaxr~r..xRrow. ~~x>~ ICI a N w L wM tN xY Ir a xmHR n x B~ M m Bwo (w aw@ ww amwAa ro _A- AxrO«. q(wx r,Axrsx wq amxL t cROwO Mrs em ux[ ron LACrRIrx oRAwvws. f I PIPE YOUM swe xrs 2 WIRELESS PLATFORM swc xrs fi /HENNA MOUNT PLAN «"r, K' • rd 10 ANTENNA NOTES sr, r, xaw 11 GENERAL SITE WORN NOTES sw(: Nxrr 1B r +Hf.MC •Kaa pc[Cx: rte( x3<~ RLMRxn OYAx1(xx~ to OuV. W, M. a CAIV -T N' a HucRav[ rtwN uawlhG 4 OuE XCWR (W55-we RrMaAR[ IRGm, S xAV ,L /f/ AIPICxr BMGEr 29YN0. rOMll xM. Yi e ' ~Aarvaiwc TAI[ Sraur, IW+f ASSNALY rtw wM a)ARDL CZgYIr 99xOu r~ OW µ;1m! wN/W as P' nrt / i 1// CB ~ h ,Ox@ MG upA' L yY x~0i puC0.awu,[ wlpeN UAL [AAt FNrm gpp=- SPECO YN L9aECLW KRr ~ ~J N Lw$IRJI w, g~~~~ BWxt, ors aPAN / BI L. [OWx@, Aw wA51rR FAM I .ciclRl +ixro~,°11F f_ xalc~=- _P ix l[xtM f0M SYNYWr Ar mom Ihu .s J//'/~r"~--~~~\\PP [ MOLAR j d mi. a.C / : nx1.1 SOL MINT Kwq.2a 00A n'L WN.~ e~PC 11 4'i s-0. rXV 5[1r0. LO Pon m'{. U d aL Iy}. w ~RCP11[0 10 ~w•c[~itN la rBOI yL~°.a'd uau nB-NW.m Mwl r0 qwK lfl ~ RVAD6 c. co.xen @cwArt xx. «c[aswB ro ors me-ra-ro( ams. / w. oxrz neeMO[ xa Box eROrasm vrr RoBw( wnl H-is-IL, Nn. e w . r.Br lux I a~ ' u~x9utsBE 50. •Y Ax4[ sID Of Ivrs ewr m9.~v® ves~no•u~m ,a' w. ~ ~J/ cloxa¢IL [ooM. rre. IS ro LARR6ww Lsm M[ MwtRSU ueu° i o~ L 'Srt' var LLS AvVtiE) ArtAq wu wSSaU ase . .Y. I. ! )~w ' M4aw,. ac ro saL mwnw°a. wwu r own IT wsrACnOxL m. _ ti, I r' maw rwsrrwHrrrml'L K OVUrzO, rA)N'm R0. 0ME p@ [Uw•Lrm 9AXAOL • 11 eU4 Bxln rAOwc w@ mwcrm w0oLB0L L. _ ] l _4 _ ] l I GRAVEL COMPOUND snt[: xrs } YIGiOWAVE ANTENNA TO TOWER LEG -W--17 PANEL ANTEIINA YOIINT srtL(: W - rd 11 CASUr BRIDGE FROM SNFIIER sc•c YY - r-r 19 E xuE nexx1501R8t0 wvx ugxx0 0 Iwr@~A(~. Z .t IWxm sRUa . f Ar j ns secaa: M•L ~M°M^~ i ;i /ii,~ /i ~ :./;.Y: CANTERBURY _ ~ ,a o„Im( z~rol.c,.aa~ m H r mow Loo.L rRas,uc lad m Warn @A.eo rw .oalexAL roawawl me wAeal caoss-xn ~ B [B.anuw ovM ~ s ' ~ ~ R" $19"xwxr Ms(wa. wxxx. xAx,RC rwv® co- soc wmra( raw, w,x Lo@L roll i ;,w~.ax n~IIm~L(~4w>s:xH= ~ . Lw~[,L=,RN~aM,;•,~ ; oo 21j- U'JiM- ~Q.: aw Nx r A, n ` r 9a. a al raR I . xR w . 240074 @wR . ~ ~ I L"D)rs= . ro ML :a,.L.~x~R~ Lax(,an(mum.~.ew@ NrN~ oar w d . ; [ awes f : aRa w~~" mrt ,sdm~ x AIR / Ioc rMl r. RU sraor a A 10310 S . CANTERSURY LN _ , ma6 a aunm. / _ wasNO+Gror+ couNn 4 I n v rtxva sAnoxR w 'I wwLARw vAx t( / / / ~LiKwv _0 { A5-GT O, OR 97224 L-J L~:r L~ •ol:I 3 _ _ _ s,~./mn CONSTRUCTION DEiNL5 w caa rRrA[ sm r xm. rwa ro mp. w,n ass[ rr easm I p R I r mr.~xsorlV°+wr emu,( can ww ca+Mx ron. r.: a o. weL s4eB w uro-r IHB u .+e ..x,M I wv,l.tm s ~m cw,aeo .a~.rz f41p°` wn. I~ oa. e.(. som w rsrx.rma( , w>u .wedsI ~ooW we ro xwa ruu wM N u cO'R 1p' • m: w`"°`e..c~ °nwa n.: so.m w( ¢in ax.srx-r Isu e~ urt wov IK on. nuc@ nao wm ~u9Bmnl me wru Filat @ f wq B It ac. Boa. CYVYL-111(1( CASELNLD PANEL SECTION 7y. . r-P B OYM INfENNA MOUNT sruG K- • ed 12GONCREIE SHELTER FOUNDATION sol[: K' . d 20 qar sou: 1~. c W C C CA mllv.nm ru _ YoA POLICE • FERE - RACAL .i E WASHINGTON COUNTY FS { mm~c.~wluwls ; CONSOLIDATED C04YUNGIIONS AGENCY yam' u j P.O. BOX 6375 BEAVERTON, OREGON 97006 N_ mw.na sw anx a Tarn, vnac - PRELIMPIARY RbEx arccb.A sa vIURA slv . sLm,rE r,m ATR lax u,lnr w. °P~1M6 ' 1 NOT FOR EalslurlWaArER PUp) Tar I IC-11[31 12T to mllan sw-w er slu,m ,cn. - SUBmnTAL/ uol.® on•nl o. ann. , 10° ~."`~.oE aa~~ m~aaon w wcwwnl n vnm r.. NOT FOR Ir 'a10fw"'"E"a € CONSTRUCTION CONDUR TRENCH E suu: Yrs 9 a mm vc Ebav sbm a snW-v ( .IL .aAS .m Elmxrx a,u,r m.r.l. w rxvan ~6"iacl~i mm°°" ,nm ml.uaoK s¢ n.w ~ x AUCW .IW ,un. ra cams rnmas. ~ lax unm w.-\ .imuaeiax caoa °ws ww, eM M Lonna[ E~ECme moE .s .nE .s I ,1 LEGACY r. Mc,la sESn~ Al u-- f . ICRS /IE bunts Ox [ULIREX y¢,YSf 4A[ MW.ID[a T WrOU[Ib15 aP~ryLL MCp gILL ~ I EE CY WIRELESS SE-CES LLIR[/ ,UN. W DECMX UWrDI WAS q, RE,NMm N CPNE M AYfF N LOxYUI lox V~ IZSI AUM E. OpECON Y9~Z22 { ws sc sWEEV ubm mua rcW u+omwoaw mwlalrt sons[ ..c mvmn Rw.mE~ ORC,x wl ~F W -1~•~~~"miBS PoH711ND Lax TM4E [0. ~ fMRanw U9WL u.glf a SY6A[E Y WYFN(AOUW CIFLIIS 4D RsallOr ,¢WR(u(x15. Eala..~aA a ~w aE>~~, a~ ~,ER L~ ~ AETgo . NL a~LA~A~W ~W, s.~n„a ~W y., T AaNA~~; e . ELECTRICAL NOTES swG aor 10 POWER RISER D-RAM swc Ins 18 i t [ y W Acs. I x~e A¢ n,E E Y art xuc CANTERBURY € sr ~ E f m wAm WD i 240074 € sR Aaw 10]10 SW CANTERBURY LN ! TIGARO, OR 97224 WASHINGTON COUNTY ( am 1n1[ € ELECTRICAL DETAILS j ELECTRICAL NOTES i E-1 I I s¢ IaGma I Rrswvia sa Ivwx[ i sR. s9x „ y- as a wnx waxes rmusm ox.-ua roc[ w aro.° JI4 A'-m w,m.~a cauu mx e+ • ~,c _ WCCCA mr xc na, X16 c~wuw uro W° cm.v .gym «mxr w,ra xo u,ea v waoosrn vnia w`~'oeo nw ."~`nox wuma w. POUCB • FM • 1■DICAL x [ ,.IC rra[ xo uxMASN ar a 6 R. WASHINGTON COUNTY Mmm iv a 'I roc . rnvxa x:w . tw. A- COA50ffiiIEO C04YIWIGIW ALE -izwC°"'[ cm°"'°i°rArors xwu, r°O°` ie rxw~°~DSr [roK~a~.`"~~Owo-so nc P . O. BOX 6375 BEAVERTON, OREGON 97006 mr v: ➢•S.Y➢ .Rx r 50r x. a OwMO [osxoo v¢m ro nxYeO we [a'A,xxi ~w I _ ~aero m u w ~,a wk . PREUMINARY p- ,rv '„xxi„c~ ~e cw. caE as w ~.e w w°w I.ow.c w. ro caw .m T~T Liz` cm rW,99n xxsia owuo w r [alxrxi woes rrw,w m wa.w un NOT FOR SUBMrTTAL/ NOT FOR ( CONSTRUCTION NEY KEY NOTE IEGENO CAOWQD CONNECTION PRODUCTS sr"r, xrs s COAXIAL CABLE GRWNOOIC NOTE LEGEND sou; xrs 9 _ xupuw 9xnua 9m Ix .xc a xxc snwer9 Axua ixvo exNm K. e~, .xW xone,uwrs. mi.[ 9xfN>: [xn nA. le.ms w >bTA xa s<.x 9e[w mol¢ xenc ~~m[mix~aoxR w ai Raim~a w ua.R saes w 9[n a.,: [ :mlf °Ai . iomx +xvu e[rau ux .ro un Ix ewm mww[ssw LECA.CY nMt N[ 9rIMC6 aM BL9 x/ ,b (II K. 00.8 No LOOT rA90R[ 9YM m LEGACY wRELESS SERVICES 9.00- NM1 lE~io,Y-e. Iex0e9~ M [[R[i/olWx,011 .vw xpeq~'~R 1. xll Nq(S .J6 W WRIpM 11i. ~i~m L9''"[C1° .nz sL. nrtwu.iulN xx,, sort r -IL~cIIO i!. K CviU WOIVO ~x~~ m. [ MILWAUK E. ORECOrv 97222 INTERNAL LIOUNDNG MAIL 4L uAS w a 777 ~xN[ WwnxC YuC+R 1 @h &15 aW x m . a [°ulL uN On (xil fr.'x O exe = O 0 o v 9 9 _~P9_d~9~1Y~ PoRI7INU °9- I:P w a. Ai K[ x a T, uwwA ETERNAL NOUNDNG OETArt CONNECTIONS TO •R INO A•o -77 GROUND BAR scut: nrs 10 I~ r ' Ixa. I / 1 \1 1 xl~{II~III1L~III'II/1 ` - I ~ ~<I K wrt xon 6 l/y,I^(/~' `9YL[o s1NS, N I 'I . ~ - R4[AY li uc mrx BM[ wxwl mwucwx N~eRRC7M cnx¢u / II I ~w .'~y A- M K. eo[rso+ sm .wa Pon °Vn wan rN[ I I{' i_ I, I, _ ~1 \r`l It III\\y/`\//~ asu.ms m I ~ wlw[ v [m„rx, 9.[LRB ~ ~ wn wr , R ' : ~ Ma[ ac m. I: } /a ~ "a 'I % n'. A9 am.r .w'c a.xa xxw scmx , / srvAP x~ .omuo k "'a ::o.uawMw'I `C f (90Ix.0 xIR rs [cc4D WBS nw If w .onu.ID R>R oust • • i I 1 ~T k INw I I 1 [ouu y'\. 1 1 I 1 Rx0 xsc xr[ It B¢Bx w¢ I cis iOxiR.6L. we m.rrc,x>r / ~i \ 'mx e .l'I ~~7 ou>uK~'u xowsm N.7Oxn ' Rwi[ I mx[crov (m[ ,y ` ♦ c•Bx[in mxacnw 1 I ' .I I ,I 9m A-' wp,[rOiA l~ _ I € ~T. /1r[.Rnax wo wmwwc rrrsx cuu • uc _ I K' oaaa I I I \ / 1 - lurvv9~ iN~O 41u WuuxA w uc ixim s40 &I¢ Iwo rw - -\I~~bu o c0 Knox 1 I~ ::.I.; I I:'.I, as u0uo: `il '-1# mm~o Ism wwruwcs ro _/G _ _ 7 II . O I ..I I... i I wx® R ~ roR. c'mn0 mdm rosr aA, ux[is xoxm Bn[er°[ 1 rp¢ tml0in, . ~ m I M'AC CROIIIIIIWG OETA0. su[[: xrs 7 CFUINUNK GiE SWING GROUNDING scut x 7 FENCE UNE POST CNWNDING rs 11 :a L - - - - J I. 'I 9R xuf rs scut: x _ Rs, x ~(e:. eroxox As- J i ' Iw...°xxsiFeoxr F.,-FE I CANTERBURY M1NwxrACw7E9 n v3[0) L~_ S . - • ♦ I 9R NMm1 p~ uooE k` a I] eAx[ nNfn rs.o 240074 uw[i9 m[ xi ~ g ~ ~ ~ ~ mufiwoo ~ cwc euxs M a uc[ idrims cwuw tvau oar ~ Imp ornm m x E Ittxr a W u) y; V .~Brtn mu agNOxcui u0/ c°wGIDUw~ia wlwlwac xu a wninsr[ u arsE a S rY; 0310 SW CANTERBURY LN xrR. , `y~' x ru [uvm aaw U.ua aO,u nw ~f R uhcm 9iu[ s[ wsm rv K. nn rvc caaxi. TIGARD. OR 97224 e i. xrt eons w+ r ari.oa N qx¢ w msw n.A srm rmwo xm uxo01 a9ux 9x owoONxs, wen mx mrnalsc,xw xxxxm. WASHUK;ION COUNTY 71 1i son e.Ia[ l;\`' ".~f 1.a~ ro Nw wxmxcs ax Ornwu 9exn xca xw.am m [x9xvoro°wx. ,x acclxf.L af+fn .n xm m..en w F 9m Rn[ rmfc mlxG ~e xw. u fd a° (mc a °p. °muw mwr [ 9ws9m.raruN°". : GROUNDING PLAN o. _ meNnws gin oust GROUNDING DETAILS Iwo xmmrsq'Kx • ,v Ivxm mrxn wl N.vi T'Tt' (xcN A'.!¢! wrvfR OoeOn m+u cmuw les 1 mx9 ex«r.cwwx9 xwA:,uus macaw (K.. ,v test - -TT meum eNl c®7 K.nif ■ rowan mle[cmx O wova am 9m O Rii .v. ,xm xl.xeo xrsi .c4 a K.l.# may E GROUND TEST WELL 0 w Rw -Z xrs 13 GROIINpNG OUr,RA11 scuT: Y: r-f 20 ~ q0i out AGENDA ITEM # 3 • (9 FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appoint Gretchen Buehner, Jodie Inman, and David Walsh to the Planning Commission PREPARED BY: D. Bewersdorff DEPT HEAD OK C/ CITY MGR OK ISSUE BEFORE THE COUNCIL Three Planning Commissioners currently have terms that expire December 31, 2005. Appointing Gretchen Buehner, Jodie Inman, and David Walsh to the Planning Commission will fill those openings for four years. STAFF RECOMMENDATION The Mayor's Appointments Advisory Committee recommends appointing Gretchen Buehner, Jodie Inman, and David Walsh to the Planning Commission. INFORMATION SUMMARY Marty Anderson, Gretchen Buehner, and Jodie Inman are currently serving on the Planning Commission. Their terms expire December 31, 2005. On November 21, 2005, the Mayor's Appointments Advisory Committee interviewed Planning Commission applicants for the 3 upcoming openings. The Committee recommends Council appoint Gretchen Buehner, Jodie Inman, and David Walsh to serve on the Planning Commission, for 4 year terms. The terms begin January 1, 2006, and expire December 31, 2009. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning Goal #1 - The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Attachment 1: Proposed resolution appointing Gretchen Buelzner, Jodie Inman, and David Walsh to the Planning Commission. Attachment 2: Biographical Information on Planning Commission Appointees FISCAL NOTES N/A Biographical information on Planning Commission appointees Gretchen Buehner has been a Tigard resident for 4'/2 years and previously lived in the unincorporated Bull Mountain area. Gretchen is a self-employed attorney, specializing in real estate, general business, arbitration, and estate planning. Gretchen was originally appointed to serve on the Planning Commission in 2002. She also services on the Transportation Financing Task Force, the Planned Development Code Review Committee, the City Center Advisory Committee, the Financial Strategy Task Force, and the Visioning Task Force. Jodie Inman has lived in Tigard for 8'/2 years. Jodie earned her Bachelor of Science in Civil Engineering at Washington State University and is a project manager at a Portland-based Land Development firm. She was originally appointed to the Planning Commission in 2002. David Walsh has lived in Tigard for 2 years. Previously, he lived in Maine. He has a MBA from the University of Tennessee and a Bachelor of Science in Forestry from the University of Maine. David is a Technical Manager for SP Newsprint in Newberg. He has served as an alternate to the Planning Commission for 1 year and also serves on the Planned Development Code Review Committee. AGENDA ITEM FOR AGENDA OF 12/13/05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formal Graduation of Tigard's Community EmergencResponse Team (CERT) Volunteer Program Class IV PREPARED BY: Mike Lueck DEPT HEAD OK Vi CITY MGR OK vw~~f ISSUE BEFORE THE COUNCIL Meeting the neighborhood volunteers who are the fourth graduating class of the City's Community Emergency Response Team (CERT) Program and provide some background information on where the program is now. STAFF RECOMMENDATION No action required; informational only. INFORMATION SUMMARY The City of Tigard's "Partners Being Prepared" program, Community Emergency Response Team (CERT) is designed to help our neighborhoods be ready for unexpected disasters. If a disaster overwhelms or delays the community's emergency services, CERT team members can provide life saving assistance, such as disaster medical aid, search and rescue and fire suppression during the critical first minutes. With the technical assistance of local emergency services, Tualatin Valley Fire and Rescue (TVFR), Tigard has trained an additional nine volunteers in basic response skills. The City's fourth class rotation was completed on October 29, 2005. Currently, through several advertisement avenues, the City is promoting its fifth class. The trainers, facilities and materials are being funded through a federal grant. The training and skills that these individuals received will help do the "greatest good for the greatest amount of people" in our community following a disaster until help arrives. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: The program through initial and enhancement training will maximize the volunteer's effectiveness in emergency and non-emergency events, developing a strong partnership in emergency preparedness and community caring. ATTACHMENT LIST 1. Sample copy of the "Achievement Certificate." 2. List of graduates. FISCAL NOTES The City of Tigard's CERT program is 99% federally funded through a Department of Homeland Security (DHS) and Federal Emergency Management Administration (FEMA) Grant. The grant is overseen by Oregon Department of State Police and Oregon Emergency Management (OEM) and managed by the City's CERT Coordinator. In FY `04 the City originally requested $23,993.18 and was awarded $4,509. The City has used the remainder of the FY '04 grant. The program has been awarded over $10,000 in the last two years, all of which has been executed to date. The City is awaiting confirmation for additional federal grant money to support this program through 2006. Ce#ttfic of CompUaof v T that 9MMEN M oOL UMVIEMM ff a& a rtcii succe*jfuUy completed.th& Community Emergency Response Team Course c by city of r awedo rualatt+v VaUy Ftr& a*t& Re6c 4& September 6th - October 291h, 2005, 24 Hour Course - TPBP104 T1/ Fire in valley " 'I' NERS BEING PREPARED " Fire t Rescue City of Tigard G. Michael Lueck Craig Dirksen Course Manager City Mayor TPBP 104 GRADUATES December 13, 2005 Terri Sweet Judy Stack Tom Harper Sheila LaChance Jim Lawson Julie Wagar Byron Wagar Mary Bauman Wayne Bauman a AGENDA ITEM # FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington County Cooperative's 2005 Executive Award for Excellence PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Presentation of the "Washington County Cooperative's 2005 Executive Award for Excellence" to HSBC Card Services located in the City of Tigard. STAFF RECOMMENDATION For Tigard Mayor Craig Dirksen to officially present the Washington County Cooperative's 2005 Executive Award for Excellence to Mr. David Neenan, Managing Director of HSBC Card Services, North America. INFORMATION SUMMARY The City of Tigard, in conjunction with many other Washington County cities, is a member of the Washington County Cooperative Recycling Program. The Cooperative Recycling Program develops recycling and collection services and provides public education and solid waste management, including waste reduction program planning. The cooperative works with the city to achieve state-mandated and regional waste recovery goals. The Executive Award for Excellence is an annual Washington County Cooperative recycling award, also known as the R3 award. Businesses receiving the award must demonstrate accomplishments in reducing, reusing, and recycling waste. The competition is open to all businesses in the Washington County Cooperative Recycling Program area, even if headquartered outside the cooperative. The purpose of the award is to recognize businesses that demonstrate excellence beyond "normal" recycling. Award recipients are divided into three categories, small, medium, and large, based upon the volume of garbage they generate. The 2005 award recipients are: ✓ HSBC, North America of Tigard (large business) ✓ Epson Portland, Inc. of Hillsboro (medium business) ✓ Browning Law Offices, PC of Forest Grove (small business) HSBC Card Services is the largest employer in Tigard. Last year, to help reduce carbon dioxide emissions, HSBC became the first global corporation to become "carbon neutral," pledging to use recycled products in its 10,700 buildings around the world. The company has also been named one of Oregon's 100 Best Employers for the past three years for providing employee benefits such as carpool incentives, free bus passes and flexible work schedules. At the December 13, 2005 Council meeting, Mr. David Neenan, Managing Director of HSBC Card Services, will formally accept the Washington County Cooperative's 2005 Executive Award for Excellence, presented by Mayor Dirksen. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES No costs are associated with the presentation of the award. Script for Mayor Dirksen Recycling Award Presentation December 13, 2005 I wish to acknowledge Mr. David Neenan, Managing Director of HSBC Card Services. HSBC, located in Tigard, is one of the top ten financial service companies in the country. Mr. Neenan is here on behalf of HSBC Card Services to accept the 2005 Washington County Cooperative Recycling Program Executive Award for Excellence. The Executive Award for Excellence is an annual Washington County Cooperative Recycling Program award presented to a business that has shown a commitment to the environment as well as to the surrounding community by demonstrating accomplishments in reducing, reusing and recycling. The competition for this award was open to all businesses in Washington County and we are honored to present this award to a business in the City of Tigard. HSBC Card Services has gone beyond typical recycling practices and has implemented several recycling and reusing programs that are rapidly showing results with an average of 5 tons of paper and cardboard being recycled each month and 3.5 tons of paper being reused in the past year. HSBC Card Service's actions have had a substantial impact on our community and have set an excellent example for other businesses. In recognition of HSBC's outstanding recycling and environmental practices, the City of Tigard and the Washington County Cooperative Recycling Program are pleased and honored to present the 2005 Executive Award for Excellence to HSBC Card Services. Mr. Neenan would like to make a brief (one to two minute) acceptance speech. AGENDA ITEM # FOR AGENDA OF 12/13/05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Public Hearing to Consider Adoption of an Urban Renewal Plan Ballot Title and Approving an Explanatory Statement PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council approve a resolution submitting the City Center Urban Renewal Plan to the voters and adopting a ballot title and explanatory statement? Should Council allow the ordinance adopting the City Center Urban Renewal Plan to remain in effect as enacted? STAFF RECOMMENDATION Staff recommends that Council pick one of three ballot measure Question and Summary options and approve the resolution submitting the City Center Urban Renewal Plan to the voters. Staff recommends that Council allow the ordinance to go into effect, but adopt additional findings addressing any comments received from overlapping taxing districts. INFORMATION SUMMARY On November 22, 2005, Council approved an ordinance adopting the City Center Urban Renewal Plan. At the same meeting, Council reviewed a proposed ballot measure Question and Summary statement. Following this review, Council directed staff to return to Council on December 13, 2005, with optional Question and Summary statements for Council consideration. The City Attorney has provided three different Question and Summary options for review (attached). One of these is the original Question and Summary statement. According to the Urban Renewal statute, written recommendations of overlapping tax districts must be accepted, rejected, or modified in adopting the Urban Renewal Plan. In the case of the City Center area, these districts include the following: Washington County, Tualatin Valley Fire and Rescue (TVFR), Port of Portland, Metro, Portland Community College (PCC), the Educational Service District (ESD), and the Tigard-Tualatin (T-T) School District. Each of the affected tax districts has been sent copies of the Plan and Report for review and comment. City staff also has attempted to contact each by phone. Three (TVFR, T-T Schools, and Washington County) requested in-person meetings with City representatives. The meetings with TVFR and the school district have taken place. The school board indicated that it does not intend to submit written comments. The meeting with the Washington County Board of Commissioners is set for December 13, 2005. The Port of Portland CFO has advised staff by phone that the Port does not intend to submit comments. As of this writing, Metro, PCC, and ESD have not provided comments or responded to phone messages. Any tax district comments received on or before December 13, 2005, will be brought to the Council meeting. This includes any comments on the UR district provided by the Washington County Commissioners. City staff will provide potential responses to any written comments that are provided. OTHER ALTERNATIVES CONSIDERED None considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Central Business District Goal #1: Provide opportunities to work proactively with Tigard Central Business District Association business and property owners and citizens of Tigard to set the course for the future of the central business district. ATTACHMENT 1. A resolution of the City Council of the City of Tigard Submitting the City Center Urban Renewal Plan to the Voters of the City of Tigard, Adopting a Ballot Title, and Approving an Explanatory Statement 2. Three versions of the UR resolution Question and Summary statement. FISCAL NOTES Should Council refer an Urban Renewal Plan to the voters, the City will incur some costs relating to the election. If an Urban Renewal Plan that includes tax increment financing subsequently is approved by the voters, property tax proceeds from properties in the urban renewal district will be segregated, with the taxes on any increase in value after the establishment of the district going to the urban renewal district. i/citywide/sum/UR.Council. Ballot Title AGENDA ITEM No. 6 Date: December 13, 2005 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: COUNCIL WILL RECEIVE PUBLIC TESTIMONY ON COMMENTS FROM TAXING DISTRICTS AND COUNCIL WILL RECEIVE PUBIC TESTIMONY ON THE PROPOSED BALLOT TITLE Due to Time Constraints City Council May Impose A Time Limit on Testimony 11A0M\GREER\CITY COUNCUCCSIGNUP\PH TESTIMONY.DOC AGENDA ITEM No. 6 Date: December 13, 2005 PLEASE PRINT Proponent -(Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item No. CD Meeting of I a 1 113' CAS City Attorney's Statement on Procedures Public Comment from Taxing Districts on the Urban Renewal Plan and the Proposed Ballot Title Agenda Item No. 7 December 13, 2005 Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures The City Council previously heard testimony regarding the City Center Urban Renewal Plan, closed the hearing on the adoption of the Plan, and adopted an ordinance adopting the plan and referring it to the voters for final approval. Since adoption of the ordinance, the City has received written comments from other governmental entities that impose property taxes within the urban renewal area. As announced at the November 22, 2005 meeting, the City Council will consider those comments tonight and decide whether any changes need to be made to the action it took at the November 22, 2005 meeting. The Council will reopen the hearing for the narrow purpose of allowing testimony and comments on the subject of the comments received from the other taxing districts. The Council will also allow comments on the proposed ballot title. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and remember that you must limit your remarks to a discussion of the comments received from the other taxing districts. Members of the City Council will be asked whether any ex-parte contacts or conflicts of interests have arisen since the last hearing. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then those in favor of adopting the urban renewal plan testify. Then witnesses who oppose the urban renewal plan or who have questions or concerns testify. If there is opposition or if there are questions, the City, as applicant, can respond. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, City staff or consultant can make a closing statement. After the record is closed, the City Council will deliberate about what action to take. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's land use decision to the Land Use Board of Appeals. Failure to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Please be aware that the decision on the ballot title is not a land use decision. Pursuant to Tigard Municipal Code Section 1.12.030 and Oregon Revised Statutes 250.296, an elector dissatisfied with the ballot title may file a petition with the City Elections Officer or the Washington County Circuit Court, no later than the close of business on Monday, December 5, 2005, for a review of the ballot title by the City Council or the Circuit Court. City offices close at 5 p.m. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. is\adm\cathy\cca\cityattystatmenturbanrenewalsecondhearingclean.doc ATTACHMENT I CITY OF TIGARD, OREGON RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS OF THE CITY OF TIGARD, ADOPTING A BALLOT TITLE, AND APPROVING AN EXPLANATORY STATEMENT WHEREAS, a duly noticed public hearing was held on November 22, 2005, to receive public input on the proposed adoption of the City Center Urban Renewal Plan; and WHEREAS, the City Council, has considered the comments of other taxing districts, the recommendation of the Planning Commission, and the comments provided at and before the public hearing; and has decided to submit the City Center Urban Renewal Plan to the voters for their approval; and WHEREAS, the City Council has adopted an ordinance approving the City Center Urban Renewal Plan, subject to voter approval; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An election is hereby called in and for the City of Tigard for the purpose of submitting to the legal voters the following question: Shall the City Center Urban Renewal Plan, including the tax increment financing of public improvements, be adopted? SECTION 2: Tuesday, May 16, 2006, is hereby designated as the date for holding the election for the purpose of voting on the measure as stated in the above paragraph. SECTION 3: The election will be conducted by the Washington County Elections Department. SECTION 4: The precincts for said election shall be and constitute all of the territory included within the corporate limits of the City of Tigard. SECTION 5: The ballot title to appear on the ballots shall be: CAPTION Adoption of City Center Urban Renewal Plan. RESOLUTION NO. 05 - Page 1 QUESTION Shall the City Center Urban Renewal Plan, including the tax increment financing of transportation and other improvements, be adopted? SUMMARY The City Center Urban Renewal Plan provides for improving transportation, and other public facilities in the City Center area, which generally includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard and east of Fanno Creek. The projects proposed by the Plan would be financed in part by tax increment financing. Tax increment financing allocates the property taxes on any increases in total property value in the Urban Renewal Area to the Tigard City Center Development Agency (the Urban Renewal Agency), which then repays indebtedness incurred to finance Plan projects. The maximum indebtedness under the plan is $22 million. SECTION 6: The Council adopts the Explanatory Statement for the measure that is attached to this Resolution (Exhibit A). SECTION 7: The City Recorder and other staff shall take all necessary steps to effectuate this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of , 2005. Craig Dirksen, Mayor ATTEST: Catherine Wheatley, City Recorder RESOLUTION NO. 05 - Page 2 ATTACHMENT 2 CURRENT VERSION CAPTION City Center Urban Renewal Plan and Tax Increment Financing QUESTION Shall the City Center Urban Renewal Plan, including tax increment financing of transportation and other improvements, be approved? SUMMARY The City Center Urban Renewal Plan provides for improving transportation and other public facilities in the City Center area, which generally includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek. The projects proposed by the Plan would be financed in part by tax increment financing. Tax increment financing allocates the property taxes on any increases in total property value in the Urban Renewal Area to the Tigard City Center Development Agency (the Urban Renewal Agency), which then repays indebtedness incurred to finance Plan projects. The maximum indebtedness under the plan is $22 million. ALTERNATIVE 1 CAPTION City Center Urban Renewal Plan and Tax Increment Financing QUESTION Shall the City Center Urban Renewal Plan, including tax increment financing of Plan projects, be approved? SUMMARY If the measure is approved, the City Center Urban Renewal Plan, including tax increment financing of projects listed in the Plan, would become effective. The City Center Urban Renewal Plan provides for improving transportation and other public facilities in the City Center area, which generally includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek. The projects proposed by the Plan would be financed in part by tax increment financing. Tax increment financing allocates the property taxes on any increases in total property value in the Urban Renewal Area to the Tigard City Center Development Agency (the Urban Renewal Agency), which then repays indebtedness incurred to finance Plan projects. The maximum indebtedness under the plan is $22 million. The City Council has adopted the plan, subject to voter approval. ALTERNATIVE 2 CAPTION City Center Urban Renewal Plan and Tax Increment Financing QUESTION Shall the City Center Urban Renewal Plan, including tax increment financing of public improvements, be approved? SUMMARY If the measure is approved, the City Center Urban Renewal Plan, including tax increment financing of projects listed in the Plan, would become effective. The City Center Urban Renewal Plan provides for improving transportation and other public facilities in the City Center area, which generally includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek. The projects proposed by the Plan would be financed in part by tax increment financing. Tax increment financing allocates the property taxes on any increases in total property value in the Urban Renewal Area to the Tigard City Center Development Agency (the Urban Renewal Agency), which then repays indebtedness incurred to finance Plan projects. The maximum indebtedness under the plan is $22 million. The City Council has adopted the plan, subject to voter approval. ALTERNATIVE 2 CAPTION City Center Urban Renewal Plan and Tax Increment Financing QUESTION Shall the City Center Urban Renewal Plan, including tax increment financing of public improvements, be approved? j,6 cove nu. 43 f SUMMARY VD ~`n`~S If the measure is pts proved, the City Center Urban Renewa Ian, including tax increment financing of-prejec listed in the Plan, would become a ective. The City Center Urban Renewal Plan provides for improving S s ' d other public facilities in the City Center area, which generally includes the area adjacent to ighway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek.ppoj~ts prop would be financed in part by tax increment financing. 'r-ineieffient, ~property taxes on any increases in total property value ' the Urban Renewal ` Aie Tigar`dSCity Center Development Agency (the Urb enewal Agency), ~e% repays indebtedness incurred to finance Plan . The i m indebtedness under the plan is $22 million.)The City . J Council has dopted the pl , su ect to voter approval. y~ u'Pe'" ~ rpv c A vt L ~o e S V1~~-tcllose- W_A4J 0 Rwr ~ 'rG' T~r-f~rlic_J ~ CITY OF TIGARD, OREGON VS(-,CA.AJ~- RESOLUTION NO. 05--71 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS OF THE CITY OF TIGARD, ADOPTING A BALLOT TITLE, AND APPROVING AN EXPLANATORY STATEMENT WHEREAS, a duly noticed public hearing was held on November 22, 2005 (continued to December 13, 2005), to receive public input on the proposed adoption of the City Center Urban Renewal Plan; and WHEREAS, the City Council, has considered the comments of other taxing districts, the recommendation of the Planning Commission, and the comments provided at and before the public hearing; and has decided to submit the City Center Urban Renewal Plan to the voters for their approval; and WHEREAS, the City Council has adopted an ordinance approving the City Center Urban Renewal Plan, subject to voter approval; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An election is hereby called in and for the City of Tigard for the purpose of submitting to the legal voters the following question: Shall the City Center Urban Renewal Plan, including tax increment financing of public improvements, be approved? SECTION 2: Tuesday, May 16, 2006, is hereby designated as the date for holding the election for the purpose of voting on the measure as stated in the above paragraph. SECTION 3: The election will be conducted by the Washington County Elections Department. SECTION 4: The precincts for said election shall be and constitute all of the territory included within the corporate limits of the City of Tigard. RESOLUTION NO. 05 - Page 1 SECTION 5: The ballot title to appear on the ballots shall be: CAPTION City Center Urban Renewal Plan and Tax Increment Financing QUESTION Shall the City Center Urban Renewal Plan, including tax increment financing of public improvements, be approved? SUMMARY If the measure is approved, the City Center Urban Renewal Plan, including tax increment financing of public improvements listed in the Plan, would become effective. The City Center Urban Renewal Plan provides for improving streets and other public facilities in the City Center area, which generally includes the area adjacent to Highway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek. Public improvements would be financed in part by tax increment financing. Tax increment financing does not impose new taxes, but reallocates the property taxes on any increases in total property value inside the Urban Renewal District boundaries to the Tigard City Center Development Agency (the Urban Renewal Agency). The Agency then repays indebtedness incurred to finance Plan public improvements. The maximum indebtedness under the plan is $22 million for a period of no more than 20 years. The City Council has adopted the Plan, subject to voter approval. SECTION 6: The Council adopts the Explanatory Statement for the measure that is attached to this Resolution (Exhibit A). SECTION 7: The City Recorder and other staff shall take all necessary steps to effectuate this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of , 2005. Craig Dirksen, Mayor ATTEST: Catherine Wheatley, City Recorder ilednn\packet'05\051213\ur.ba[lot title resolution -final on dec 13 05.doc RESOLUTION NO. 05 Page 2 AGENDA ITEM # FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: An Ordinance Amending Terms of the Building Appeals Board Members PREPARED BY: Gary Lampella DEPT HEAD OK ~CiCITY MGR OK ISSUE BEFORE THE COUNCIL Should City Council approve an Ordinance amending Section 2.09.020 of the Tigard Municipal Code (TMC) to stagger the terms of the members of the Building Appeals Board? STAFF RECOMMENDATION Staff recommends Council approve the proposed Ordinance that amends the terms of the members of the Building Appeals Board. INFORMATION SUMMARY On September 25, 2001, Council approved an Ordinance changing the number of members for the Building Appeals Board from fourteen to seven. On April 9, 2002, seven new members were appointed with terms of four years. Their terms all expire on April 1, 2006. Without staggered terms, the City could be faced with a complete new board every four years. This board's function is different than other City boards and committees in that there is no specific work or agenda that they regularly participate in. They are a board that rules on interpretations and decisions of the State building codes by the Building Official that are appealed by an affected party. Generally, they meet once a year to elect new officers. The current members are identified as having specific varied backgrounds of expertise in order to be appointed to this board. In order to keep some continuity of the board, it would be logical to change only a few members at a time. Staff attended a Council study session seeking direction on this issue. City Council agreed that the terms should be staggered and directed staff to return with an Ordinance amending Section 2.09.020 of the TMC. OTHER ALTERNATIVES CONSIDERED Keep the current TMC language and appoint new board members every four years. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: TMC Title 2, Section 2.09.020 with proposed language changes Exhibit B: Transition Matrix FISCAL NOTES N/A AGENDA ITEM # V FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Clean Water Services' Request for Waiving of Application Fees for Community Development Code and Comprehensive Plan Amendments. PREPARED BY: Gary Pagenstecher DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve Clean Water Services' (CWS) request to waive application fees for its proposed Community Development Code and Comprehensive Plan Amendments? STAFF RECOMMENDATION Staff recommends that the Council postpone any decision on the CWS fee waiver request until a new approach to implementation of the stream rehabilitation and enhancement activities proposed by CWS is worked out as described below. INFORMATION SUMMARY Recent discussions between CWS and City staff have resulted in a new approach to implementation of the stream rehabilitation and enhancement activities proposed by CWS for Fanno Creek at Englewood Park. This approach would make the City the applicant for the proposed enhancements. Pursuant to Tigard Development Code Section18.775.020.C, stream and wetland restoration and enhancements (as proposed), performed under the direction of the City and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian area Management, are exempt from sensitive lands review and would not require a land use permit. Therefore, the issue of plan and code amendments and application fees for them would become moot. CWS and the City's Public Works department are currently discussing a draft IGA that would accommodate the cooperative effort. If the parties can agree on this approach, the Council would be asked, in the near future, to consider a resolution approving an IGA between CWS and Tigard Public Works to implement the enhancements. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES Provided an agreement can be reached, the City's Public Works department would incur some expense in providing oversight for the project that would be undertaken cooperatively by staff of both CWS and the City. The IGA would likely address these costs. AGENDA ITEM # FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: CITY of TIG/A,'RqD//CITY of KING CITY MEMORANDUM OF UNDERSTANDING PREPARED BY: Elizabeth A. Newtar~M/I/ (DEPT HEAD OK~ LP CITY MGR OK G CWC""' ISSUE BEFORE THE COUNCIL Should the City Council authorize the Mayor to sign a Memorandum of Understanding (MOU) between Tigard and King City? STAFF RECOMMENDATION Review the attached MOU and authorize the mayor to sign. INFORMATION SUMMARY The City of Tigard has an Urban Planning Area agreement with Washington County that delineates the City's Urban Planning Area Boundary. The city of King City also has an urban Planning Area Agreement with Washington County. The City of King City is interested in adding the northeast quadrant of the Beef Bend/Roy Rogers intersection to its area of interest if that area is added to the Urban Growth Boundary. This area is not within Tigard's current Urban Planning Area. The attached MOU between the Cities of Tigard and King City clarifies King City's new Urban Planning Area Boundary with the proposed addition. Also attached is a letter prepared by Tom Brian, Washington County Commission Chair, to acknowledge receipt of the signed MOU to be sent upon signature by both Mayors. The City of King City will consider the MOU at their Council meeting on December 7, 2005. OTHER ALTERNATIVES CONSIDERED Do not authorize the Mayor to sign the MOU. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST 1. Memorandum of Understanding (MOU) between the cities of King City and Tigard. 2. Letter from County Commission Chair Tom Brian. FISCAL NOTES No cost associated with adopting the MOU. i:\adm\city council\council agenda item summaries\2005\ais for king city mou 051213.doc 12/5/05 To be sent upon MOU signature by both mayors Date Dear Mayors Faes and Dirksen, I have received a copy of the proposed memorandum of understanding (MOU) between King City and the City of Tigard that will establish a foundation for the development of an Urban Services agreement for King City as desired by both Washington County and King City. To that end, Washington County has facilitated meetings between King City and Tigard to discuss future boundary issues and assisted the cities in drafting this MOU to clarify these issues. I understand that the mayors of both cities endorse the MOU and will recommend adoption by their respective city councils. While County Administrator Charles Cameron and staff facilitated the discussion between the two cities, I recognize that the product of those discussions was agreed to by the cities of their own volition. I also appreciate that the agreement between two mayors is not binding, but it is the first step toward the adoption of a King City Urban Services Agreement. I support your efforts and the MOU for the following reasons: ❑ King City and Washington County believe an Urban Services Agreement is a necessary step in fulfilling future growth plans and determining the King City's potential over time. ❑ As we have determined through our experience in other Urban Service Agreement processes, the early consideration of future boundaries serves to significantly shorten the timeline for the development of the agreement. This candid "laying of the cards on the table" by the participants relieves the process of substantial uncertainty. This type of coordination should provide us a firm basis for the subsequent discussions. On behalf of the Washington County Board of Commissioners, please accept my congratulations on arriving at an agreement that each of you feels will well-serve your respective communities. I look forward to the development of the Urban Services Agreement. Sincerely, Tom Brian, Chairman Washington County Board of Commissioners City Council Document Transmittal CITY OF TIGARD To: OREGON From: Date.: Ia +~t c~5 I'm sending you: Document Type: ❑ IGA ❑ Contract o-Other c-c Document Name: tiy-)~j 10cvn (a 111 9 In c cti-oet- LA""c~ C Approved at the Council Meeting of: 1 13 os Number Copies Included: 3 v(,, yw'1,b - Your document(s) have been signed by the Mayor ❑ Your document(s) have been signed by the City Manager C40ur document(s) requires an additional signature(s) 04hen all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: I:WDM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF KING CITY AND TIGARD THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between the cities of King City and Tigard, both municipal corporations, hereinafter referred to as "King City" and "Tigard." RECITALS WHEREAS, the parties to this agreement have entered into Urban Planning Area Agreements with Washington County that delineate each party's Urban Planning Area Boundary; . WHEREAS, ORS 195.020(4)(e) requires cooperative agreements to specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; WHEREAS, the parties to this agreement have executed the required cooperative agreements; WHEREAS, the parties to this agreement, Washington County, and other Washington County cities and special service districts have been working for several years to study service boundary configurations and the requirements of ORS 195; WHEREAS, Tigard with Washington County and other Washington County special service districts have adopted the Tigard Urban Service Agreement, which designates the long term service providers of several services to the Tigard Urban Service Area; WHEREAS, King City and Tigard have each entered into an intergovernmental agreement with Clean Water Services for the provision of sanitary sewer and storm water services; WHEREAS, it is the intent of both parties to have a mutual boundary generally along the centerline of Beef Bend Road consistent with past annexation practice; WHEREAS, King City wishes to extend its boundary to include the northeast quadrant of the intersection of Beef Bend Road and Roy Rogers Road; WHEREAS, King City desires to enter into an urban service agreement for the King City Planning Area Boundary with Washington County, special service districts, Tigard, and other appropriate cities; WHEREAS, King City and Washington County have requested a Memorandum of Understanding .with Tigard to clarify future boundary issues as a prelude to the development of a future King City Urban Service Agreement; WHEREAS, Tigard wishes to assist King City and Washington County in clarifying these issues; Now, therefore, under the authority provided for in ORS Chapter 190 and 195 it is agreed by and Memorandum of Understanding Between King City and Tigard November 9, 2005 Page 2 between the parties hereto as follows: A. Tigard recognizes King City's Urban Planning Area Boundary delineated in the December 2001 Washington County - King City Urban Planning Area Agreement. Tigard has no interest in providing services to this area except as required by the existing intergovernmental agreement between King City and Tigard for water service. B. Tigard recognizes as King City's area of interest the area outside of the urban growth boundary between Beef Bend and Roy Rogers Road the Tualatin River and the BPA powerline right of way, and the northeast quadrant of the Beef Bend / Roy Rogers Road intersection, subject to further delineation of the intersection boundary. Tigard has no interest in assuming service provision or land use responsibility for this area in the event any portion of the area is added to the urban growth boundary, except as may be required by the cities' intergovernmental agreement for water service. C. King City recognizes Tigard's Urban Planning Area Boundary delineated in the October 2003 Washington County - Tigard Urban Planning Area Agreement and Tigard's Urban Service Area as delineated in the 2002 Tigard Urban Service Agreement. King City recognizes that the service providers to this area are designated in the Tigard Urban Service Agreement and that King City has no interest in providing services to this area. D. King City recognizes as Tigard's area of interest the area north of Beef Bend Road currently located outside of the urban growth boundary, excluding the northeast quadrant of the Beef Bend / Roy Rogers Road intersection, subject to further delineation of the intersection boundary. King City has no interest in assuming service provision or land use responsibility for this area in the event any portion of it is added to the urban growth boundary. E. It is in the long-term best interests of the parties to establish a mutual boundary that is generally co-terminus with the centerline of Beef Bend Road, except at the intersection of Beef Bend Road and Roy Rogers Road. The parties agree that in the event the northeast quadrant of the Beef Bend / Roy Rogers Road intersection is added to the urban growth boundary, this section of Beef Bend Road will be wholly within King City. F. The parties will work diligently and in good faith with other local governments to adopt before March 31, 2006, or as soon as reasonably practical, an urban service agreement(s) that fully comports with ORS 195.065 et. seq. and covers some or all of the area shown in Map `A'. G. The parties will work diligently and in good faith to adopt an agreement that coordinates their future responsibilities for the maintenance of Beef Bend Road. H. The parties will take necessary subsequent actions to amend their comprehensive plans and applicable urban service agreements in the event there are future expansions to the urban r' Memorandum of Understanding Between King City and Tigard November 9, 2005 Page 3 growth boundary. In Witness thereof, the parties hereby enter into this Memorandum of Understanding on the date set opposite their signatures. CITY OF KING CITY By: Charles R. Faes, Mayor Date Memorandum of Understanding Between King City and Tigard November 9, 2005 Page 4 CITY OF TIGARD BY= /3 - 0,5 Craig Dirksen, Mayor Date Wpshare\Sb I22\King City\MOU\CleanRevisedFinalDrfKC-TigardMOUI 1-09-05.doc a Memorandum of Understanding Between King City and Tigard November 9, 2005 Page 5 MAP A T Q W 1 INTE t.LLb.lD E _ fWU tq C Cr N SU4A tT ST ¢ °q rrr S x O IN 5 ? LN L c ` A> I CT fI ~ ~ n a f ,~J c h~Faa PEACH DIC KIN A DEERGROV LN Y, RD C7 pp~q F SC HER IN OT RD JI CT ER- L C~~ a! 1 6 IN G O RD B a UJ CT RTSCT CLd ~ l.N r\P. ~ J Legend I 06~O~a25L~4d°YaQlftly ~R + AV /1~7R~i~t C(1 R CdRR IWORo va+'~bR s.s f~SAp~ta7o2 ;r0. 6R o;~2d r,i~ $YltCnf Ki ng City Urban Service Area - o o FY~r dC $603 M2R: C %V .~S g f1S~@iA4e _C~0RIQY.R1 ! SSZf'Ll5 AGENDA ITEM # T O FOR AGENDA OF December 13, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE BRANDING/GRAPHIC IDENTITY DESIGN DISCUSSION PREPARED BY: Elizabeth Ann Newton DEPT HEAD OK ~ YC CITY MGR OK 'V ISSUE BEFORE THE COUNCIL Council review of branding/graphic identity final design. STAFF RECOMMENDATION Provide final direction on the design. INFORMATION SUMMARY Council met with Glen Marcusen in work sessions in July, September and October to discuss and review graphic identity design concepts. Based on the direction provided by Council at the November 15 workshop, Mr. Marcusen will present the final design options for Council to finalize. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES The contract with Marcusen Design is not to exceed $10,500. City Council Document Transmittal CITY OF TIGARD To: ~j /V•e- K-I OREGON From: Q- Date.: la. I'`t ~5 I'm sending you: Document Type: ❑ IGA ❑ Contract C~--Other utA Document Name: kine C'UrbO-In Approved at the Council Meeting of: I -13 • os Number Copies Included: 3 0~-i y as q Your document(s) have been signed by the Mayor ❑ Your document(s) have been signed by the City Manager U40ur document(s) requires an additional signature(s) "hen all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: I:\ADM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC 4,P"141,11d 0,-~ v/q 8 December 15, 2005 CITY OF TIGARD OREGON The Honorable Mayor Faes City of King City 15300 SW 116`h Avenue King City, OR 97224-2693 Dear Mayor Faes, The Tigard City Council considered the Memorandum of Understanding between the cities of King City and Tigard at the December 13, 2005 Council business meeting. Council members voted unanimously to authorize me to sign the agreement. Enclosed are three (3) signed originals. Please forward one original to the County, retain one original for your records and return one (1) signed original to Cathy Wheatley, City Recorder for the City of Tigard at 13125 SW Hall Blvd., Tigard OR 97223. Sincerely, Craig E. Dirksen Mayor 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF KING CITY AND TIGARD THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between the cities of King City and Tigard, both municipal corporations, hereinafter referred to as "King City" and "Tigard." RECITALS WHEREAS, the parties to this agreement have entered into Urban Planning Area Agreements with Washington County that delineate each party's Urban Planning Area Boundary; WHEREAS, ORS 195.020(4)(e) requires cooperative agreements to specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; WHEREAS, the parties to this agreement have executed the required cooperative agreements; WHEREAS, the parties to this agreement, Washington County, and other Washington County cities and special service districts have been working for several years to study service boundary configurations and the requirements of ORS 195; WHEREAS, Tigard with Washington County and other Washington County special service districts have adopted the Tigard Urban Service Agreement, which designates the long term service providers of several services to the Tigard Urban Service Area; WHEREAS, King City and Tigard have each entered into an intergovernmental agreement with Clean Water Services for the provision of sanitary sewer and storm water services; WHEREAS, it is the intent of both parties to have a mutual boundary generally along the centerline of Beef Bend Road consistent with past annexation practice; WHEREAS, King City wishes to extend its boundary to include the northeast quadrant of the intersection of Beef Bend Road and Roy Rogers Road; WHEREAS, King City desires to enter into an urban service agreement for the King City Planning Area Boundary with Washington County, special service districts, Tigard, and other appropriate cities; WHEREAS, King City and Washington County have requested a Memorandum of Understanding with Tigard to clarify future boundary issues as a prelude to the development of a future King City Urban Service Agreement; WHEREAS, Tigard wishes to assist King City and Washington County in clarifying these issues; Now, therefore, under the authority provided for in ORS Chapter 190 and 195 it is agreed by and Memorandum of Understanding Between King City and Tigard November 9, 2005 Page 2 between the parties hereto as follows: A. Tigard recognizes King City's Urban Planning Area Boundary delineated in the December 2001 Washington County - King City Urban Planning Area Agreement. Tigard has no interest in providing services to this area except as required by the existing intergovernmental agreement between King City and Tigard for water service. B. Tigard recognizes as King City's area of interest the area outside of the urban growth boundary between Beef Bend and Roy Rogers Road the Tualatin River and the BPA powerline right of way, and the northeast quadrant of the Beef Bend / Roy Rogers Road intersection, subject to further delineation of the intersection boundary. Tigard has no interest in assuming service provision or land use responsibility for this area in the event any portion of the area is added to the urban growth boundary, except as may be required by the cities' intergovernmental agreement for water service. C. King City recognizes Tigard's Urban Planning Area Boundary delineated in the October 2003 Washington County - Tigard Urban Planning Area Agreement and Tigard's Urban Service Area as delineated in the 2002 Tigard Urban Service Agreement. King City recognizes that the service providers to this area are designated in the Tigard Urban Service Agreement and that King City has no interest in providing services to this area. D. King City recognizes as Tigard's area of interest the area north of Beef Bend Road currently located outside of the urban growth boundary, excluding the northeast quadrant of the Beef Bend / Roy Rogers Road intersection, subject to further delineation of the intersection boundary. King City has no interest in assuming service provision or land use responsibility for this area in the event any portion of it is added to the urban growth boundary. E. It is in the long-term best interests of the parties to establish a mutual boundary that is generally co-terminus with the centerline of Beef Bend Road, except at the intersection of Beef Bend Road and Roy Rogers Road. The parties agree that in the event the northeast quadrant of the Beef Bend / Roy Rogers Road intersection is added to the urban growth boundary, this section of Beef Bend Road will be wholly within King City. F. The parties will work diligently and in good faith with other local governments to adopt before March 31, 2006, or as soon as reasonably practical, an urban service agreement(s) that fully comports with ORS 195.065 et. seq. and covers some or all of the area shown in Map `A'. G. The parties will work diligently and in good faith to adopt an agreement that coordinates their future responsibilities for the maintenance of Beef Bend Road. H. The parties will take necessary subsequent actions to amend their comprehensive plans and applicable urban service agreements in the event there are future expansions to the urban t Memorandum of Understanding Between King City and Tigard November 9, 2005 Page 3 growth boundary. In Witness thereof, the parties hereby enter into this Memorandum of Understanding on the date set opposite their signatures. CITY OF KING CITY By: Charles R. Faes, Mayor Date Memorandum of Understanding Between King City and Tigard November 9, 2005 Page 4 CITY OF TIGARD By: - /3 05 Craig Dirksen, Mayor Date Wpshare\Sb 122\King City\MOU\CleanRevisedFinalDrfKC-TigardMOU I 1-09-05.doc Memorandum of Understanding Between King City and Tigard November 9, 2005 Page 5 MAP A T W ii--1177~~ w IME aED E.I_ WAF tit C cr N ,.Jut SU4l~4n~ ~.1r u) Sr y w a o s z 0114 z L F j. o~ to Ru r J 4 C F Rij PP v r h'F..AG` PEACH D I C ~S KIN p, DEERGR", LN r RD URIUMIAU C'7 yp F SC H E R ® IN OT RD JI CT ER- ~ LN E O RD o t p~ l BF 0 J Llj \ CT RTS CT ®D 0611 LE3 LN AR. ~ SVV Legend aYC~R~N@SioNPR 1 G I S Wawa i R RS~ARS V"."; x°R ss~ t. Me Sc ga~to ° Gi+o6~aDd~¢ s Cnftloa King City Urban Service Area aw PER Sry,44.~ a+i X°6 *128 ftow Y c.~s~a~iv~rps }s1°9amsetm i~i ~t'las