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City Council Packet - 04/08/2008 City of Tigard, Oregon 13125 SWHall Blvd. Tigard, OR 97223 M LN TIGARD CITY COUNCIL MEETING April 8, 2008 COUNCIL MEETING WILL BE TELEVISED I:\0fs\Donna's\Ccpkt1 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov . TTY Relay: 503.684.2772 City of Tigard 4 Study Session - Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CODA) MEETING DATE/TIME: April 8, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION ➢ JOINT MEETING WITH INTERGOVERNMENTAL WATER BOARD ■ Staff Report: Public Works Department • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (h), to discuss pending litigation with legal counsel. 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 o Tigard Council/ Intergovernmental Water Board/Lake Oswego Council Meeting on April 15, 7 p.m. at the City of Lake Oswego City Hall, 380 "A" Avenue. No workshop meeting at Tigard Town Hall that night. o Councilor Buchner requests the Public Hearing on the Tree Code (Appeal of the Director's Interpretation) be continued to a later date. Time is available on May 13 or May 27. o Senior Center Ribbon Cutting - Wednesday, April 23, from 11:30 to 12:30. Check for Mayor and Council attendance. o Check for April 29 Council attendance at the 5`h Tuesday meeting. The meeting will be held in the Public Works Water Auditorium, 7-9 p.m. o Set up meeting time with Joe Hertzberg on Saturday, May 17. Council Calendar: April 15 Tuesday Tigard Council/Intergovernmental Water Board/Lake Oswego Council Meeting, 7 p.m. at the City of Lake Oswego City Hall, 380 "A" Avenue. 22 Tuesday Council Business Meeting - 6:30 pm, Town Hall 28 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 29 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium TIGARD CITY COUNCIL STUDY SESSION AGENDA - Apri18, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 2 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) 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. TIGARD CITY COUNCIL STUDY SESSION AGENDA - Ap618,2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 2 1 City of Tigard Study Session -Agenda m11 TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE/TIME: April 8,2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 0:301'M • STUDY SESSION ➢ JOINT MEETING WITH INTERGOVERNMENTAL WATER BOARD • Staff Report: Public Works Department • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (h), to discuss pending litigation with legal counsel. 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 o Tigard Council/ Intergovernmental Water Board/Lake Oswego Council Meeting on April 15, 7 p.m. at the City of Lake Oswego City Hall, 380 "A" Avenue. No workshop meeting at Tigard Town Hall that night. o Councilor Buchner requests the Public Hearing on the Tree Code (Appeal of the Director's Interpretation) be continued to a later date. Time is available on May 13 or May 27. o Senior Center Ribbon Cutting - Wednesday, April 23, from 11:30 to 12:30. Check for Mayor and Council attendance. o Check for April 29 Council attendance at the 5`h Tuesday meeting. The meeting will be held in the Public Works Water Auditorium, 7-9 p.m. o Set up meeting time with Joe Hertzberg on Saturday, May 17. Council Calendar: April 15 Tuesday Tigard Council/Intergovernmental Water Board/Lake Oswego Council Meeting, 7 p.m. at the City of Lake Oswego City Hall, 380 "A" Avenue. 22 Tuesday Council Business Meeting - 6:30 pm, Town Hall 28 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 29 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium TIGARD CITY COUNCIL STUDY SESSION AGENDA - April 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 2 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) - 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) 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. TIGARD CITY COUNCIL STUDY SESSION AGENDA - A ri18, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 2 City of Tigard -p Tigard Business Meeting - Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE: April 8, 2008 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 n.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 (fDD - Telecommunications Devices for the Dead. 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 (fDD - Telecommunications Devices for the Deao. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - Apri18, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 6 City of Tigard Tigard Business Meeting ss - Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE/TIME: April 8,2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 I'M • STUDY SESSION ➢ JOINT MEETING WITH INTERGOVERNMENTAL WATER BOARD ■ Staff Report: Public Works Department • EI- ECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (h), to discuss pending litigation with legal counsel. 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, and 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 7:35 I'M 2. PROCLAMATION: ARBOR DAY - APRIL 10, 2008 • Mayor Dirksen 7:41 I'M 3. PRESENT TREE STEWARDSHIP AWARDS • Staff Report: Community Development Department Note. Staff will show a PowerPoint of several Tigard tree projects. During the PowerPoint, staff will show a slide of the first winner and then ask the Mayor to present the certificate. Then, they would like to do the same for the second winner. Staff will conclude the presentation with one last PowerPoint slide. TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - A ri18, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 6 7:55 I'M 4. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Megan Foltz • Tualatin Valley Fire & Rescue Captain Chris Dawson Quarterly Report • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication 8:15 PM 5. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) 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: 5.1 Approve City Council Minutes for December 18, 2007, and January 4 and February 5, 2008. 5.2 Receive and File: a. Council Calendar b. Tentative Agenda 5.3 Approve Budget Amendment No. 13 to the FY 2008-09 Budget to Increase Appropriations in the Human Resources Budget within the Policy and Administration Program to Reflect the Costs Associated with a City-wide Organizational Assessment - Resolution No. 08-18 A RESOLUTION APPROVING BUDGET AMENDMENT #13 TO THE FY 2008-09 BUDGET TO INCREASE APPROPRIATIONS IN THE HUMAN RESOURCES BUDGET WITHIN THE POLICY AND ADMINISTRATION PROGRAM TO REFLECT THE COSTS ASSOCIATEDWITH A CITY-WIDE ORGANIZATIONAL ASSESSMENT 5.4 Local Contract Review Board a. Award Contract Amendment for Design Services for Phase 3 (Burnham Street Improvements) to the Tigard Downtown Comprehensive Streetscape Project • ConsentAgenda - Items Removed for Separate Discussion. Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 8:20 I'M 6. QUASI-JUDICIAL PUBLIC HEARING - CROSS ANNEXATION (ZCA 2008-00001) REQUEST: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road and right-of- way on SW Beef Bend Road for a total of 1.33 acre into the City of Tigard. The applicant received land use approval from Washington County on March 20, 2007 to develop the parcel into 3 lots (Washington County Project # L060553). Because the available storm sewer and water services are within the City of Tigard and maintained by the City, the property must be annexed. The two owners of the subject parcel have consented to the annexation. The parcel is contiguous to the City on three sides and the property across the street is in King City. Portions of right-of-way that extend beyond the subject parcel's frontage have been included with this proposal at the City's request. All right-of- way included in this proposal is contiguous to the City limits. LOCATION: 12615 SW Beef Bend Road; Washington County Tax Map (WCTM) 2S109DD, Tax Lot 200. Proposed additional right-of-way is located on WCTM 2S109DD and 2S110CB. TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - Apri18, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 6 COUNTY ZONE: R-6 District (Residential 6 Units Per Acre.)The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single- family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 08-04 Council Member: I move for adoption of Ordinance No. 08-04 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: Reads the title - depends on which ordinance the City Council selects: AN ORDINANCE ANNEXING (1.33 OR 0.92 ACRES) APPROVING THE CROSS ANNEXATION (ZCA2008- 00001 AND WITHDRAWING PROPERTY FROM THE TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - April 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of 6 TIGARD WATER DISTRICT, WASHIGNTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 08-04 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie voter =failure to pass. 8:35 PM 7. FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (CHERRY DRIVE) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Resolution No. 08-19 RESOLUTION NO. 08-19 - A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW CHERRY DRIVE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 07-50 Recess City Council Meeting (Motion by Council) TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - A ri18, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 5 of 6 Convene City Center Development Agency (CCDA) Meeting: Approximately 8:50 p.m. • Call City Center Development Agency to Order: Chair Dirksen • Roll Call: Chair and Board Members of City Center Development Agency 8:50 PM 8. CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY - FISCAL YEAR 2008-2009 a. Staff Report: Community Development Department b. City Center Development Agency Discussion C. City Center Development Agency Consideration: Motion to Adopt the Fiscal Year 2008-2009 Downtown Implementation Strategy Adjourn City Center Development Agency (CCDA) Meeting (Motion by CCDA) Reconvene City Council Meeting: Approximately 9:20 p.m. 9:20 PM 9. COUNCIL LIAISON REPORTS 10. NON-AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:30 PM 12. ADJOURNMENT 1: \ADM\Cathy\CCA\2008\080408 business.doc TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - April 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 6 of 6 City of Tigard, Oregon Affidavit of Posting In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, 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) aym eve cue 09 -0 `I , which were adopted at the City Council meeting of 200 90 with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the _ g day of _j U 120 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 Q Signature of Person who Perf ed Posting Subscribed and sworn (~tl) before me this ` day of 20_. OFFICIAL SEAL Signature of Notary Public for Oregon JILL M BYARS NOTARY PUBLIC - OREGON I . esn COMMISSION NO. 427990 MY COMI 41SWN EXPIRES JUNE 14. 2012 \\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC QTY OF TIGARD, OREGON TIGARD QTY COUNCIL ORDINANCE NO.2008- (jt AN ORDINANCE ANNEXING 1.33 ACRES, APPROVING THE CROSS ANNEXATION (ZCA2008-00001) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT'. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.111(2) to annex contiguous territory upon the City's own motion; WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently he within the boundary of the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on April 8, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S109DD, Tax Lot 200) of land with adjoining right-of-way on the north side of SW Beef Bend Road and additional right-of-way on SW Beef Bend Road (found on Washington County Tax Maps 2S109DD and 2S109CB) and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District on April 8, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and • WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel and adjoining right-of-way described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council hereby annexes the additional right-of-way described in the attached Exhibits " C" and " D" and shown in Exhibit " E." SECTION 3: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "J" and incorporated herein by this reference. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 5: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2009. SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By U h Q O,k I ILILS vote of all Council members present after being read by number and title only, this g day of iii .i )2008. Cathy e ey, Ci corde ~ rr G~ APPROVED: By Tigard City Council this day of )2008. Craig ksen, Mayor Approved as to form: V. 0 ttomey Date EXHIBIT A LEGAL DESCRIPTION: PAGE 1 OF 2 FEBRUARY 6, 2008 THAT TRACT OF LAND AS DESCRIBED IN DEED DOCUMENT NUMBER 2006-001914, RECORDED JANUARY 6, 2006, WASHINGTON COUNTY DEED RECORDS, AND A PORTION OF THE NORTHWESTERLY RIGHT-OF-WAY OF S.W. BEEF BEND ROAD, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT 31 OF THE PLAT OF "BELLA VISTA", WASHINGTON COUNTY PLAT RECORDS; THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 28, 27, AND 26 OF SAID, PLAT SOUTH 46°21'37" EAST, 126.72 FEET, TO THE MOST SOUTHERLY CORNER OF SAID LOT 26; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 26 NORTH 76°47'31" EAST, 29.53 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. BEEF BEND ROAD, BEING 33.00 FEET NORTHERLY OF THE CENTERLINE THEREOF (WHEN MEASURED PERPENDICULAR THERETO); THENCE ALONG SAID RIGHT- OF-WAY LINE, ALONG THE ARC OF A 4033.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 1°26'14" (THE LONG CHORD BEARS NORTH 44°16'44" EAST, 101.16 FEET), AN ARC DISTANCE OF 101.16 FEET TO A POINT OF TANGENCY; THENCE NORTH 44°59'51" EAST, 32.80 FEET TO THE MOST EASTERLY CORNER OF SAID PLAT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE SOUTH 45°00'09" EAST, 33.00 FEET TO THE CENTERLINE OF S.W. BEEF BEND ROAD; THENCE ALONG SAID CENTERLINE SOUTH 44°59'51" WEST, 32.80 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 4000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 4°26'17" (THE LONG CHORD BEARS SOUTH 42°46'42" WEST, 309.76 FEET), AN ARC DISTANCE OF 309.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 40°33'34" WEST, 206.72 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 1000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 0.°04'40" (THE LONG CHORD BEARS SOUTH 40°35'54" WEST, 1.36 FEET), AN ARC DISTANCE OF 1.36 FEET TO A POINT OF TANGENCY; THENCE LEAVING SAID CENTERLINE NORTH 49°21'46" WEST, 33.00 FEET TO THE MOST SOUTHERLY CORNER OF TRACT "C" OF SAID PLAT, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. BEEF BEND ROAD, BEING 33.00 FEET NORTHERLY OF THE CENTERLINE THEREOF (WHEN MEASURED PERPENDICULAR THERETO); PAGE 2OF2 THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, ALONG THE ARC OF A 967.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 0°04'40" (THE LONG CHORD BEARS NORTH 40°35'54" EAST, 1.31 FEET), AN ARC DISTANCE OF 1.31 FEET TO A POINT OF TANGENCY; THENCE NORTH 40°33'34" EAST, 206.72 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 4033.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 0°21'54" (THE LONG CHORD BEARS NORTH 40°44'31" EAST, 25.70 FEET), AN ARC DISTANCE OF 25.70 FEET TO THE MOST EASTERLY CORNER OF LOT 45 OF SAID PLAT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 45 NORTH 46021'37" WEST, 32.27 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 45; THENCE ALONG THE NORTHEASTERLY LINES OF LOTS 44,43 AND 40 OF SAID PLAT NORTH 28°15'24" WEST, 132.02 FEET TO AN ANGLE POINT ON THE NORTHEASTERLY LINE OF SAID LOT 40 OF SAID PLAT; THENCE ALONG THE SOUTHEASTERLY LINES OF LOT 40, TRACT "F", AND LOTS 32 AND 31 OF SAID PLAT NORTH 48°35'02" EAST, 120.17 FEET TO THE POINT OF BEGINNING. - CONTAINS 40,139 SQUARE FEET OR 0.92 ACRES, MORE OR LESS. REGISTERED { PROFESSIONAL LAND SURVEYOR OREGON JANUARY 11, 2005 DARREN S. HARR ~ 56181 i ` EXHIBIT B LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9; TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON FEBRUARY 6. 2008 MOST EASTERLY CORNER OF THE PLAT OF "BELLA VISTA" 2 T S45'00.09/E ~\,~Q' 0~ N44'59'51 "E 33.00' 0 32.80' ~ •,Q~P ~9~~ O~~ POINT OF . / S4 32.801 "w BEGINNING 3u / 40 DEED DOCUMENT N76.47'31 "E -~ao NO. 2006-001914 29.53' cin! ~OP / 43 0;~, s~ 46'21'37"W /GAL `pcy 32.27' <<~ 44 C~' 45 / C5 L=25.70' OrOREGISTERED cS~•~~ o<v ti O~ ~ LAND SURVEYOR >'~.GSy'~P .^j~ ~L h O tK ~oF ~.0 ? oy~j OREGON A A 2= DARREN 8 HARR C4 L=1.31' F N49'21'46"W Z RENEWAL DATE: 6-30-09 33.00' C3 L-1.36' SCALE 1" = 60' FRONTIER CURVE TABLE LAND SURVEYING CURVE LENGTH RADIUS DELTA CHORD 10110 S_W. NIMBUS AVENUE Cl 101.16' 4033.00' 1'26'14" N44'16'44"E 101.16' SUITE B-9 C2 309.83' 4000.00' 4'26'17" S4246'42"W 309.76' PORTLAND. OREGON 97223 C3 1.36' 1000.00' 0'04'40" S40'35'54"W 1.36' PHONE: (503)620-4100 C4 1.31' 967.00' 0'04'40' N40'35'54"E 1.31' FAX: (503)620-4900 C5 25.70' 4033.00' 0'21'54" N40'44'31 "E 25.70' JOB NO.: 1029 EXHIBIT C ANNEXATION DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 9, Township 2 South Range 1 West Willamette Meridian described as follows: Beginning at the southwest corner Parcel 2 of Partition plat 2000-0033 of the Washington County Subdivision records being on the northerly right-of-way line of SW Beef Bend Road 33.00 feet from center line when measured at right angles and a point on a curve to the right; Thence along said curve to the right with a radius of 1467.00 feet a central angle of 0° 50' 57" (a chord which bears S 63° 42' 47" W, 21.74) and a length of 21.74 feet; Thence S 64° 08' 05" W, along said north right-of- way, a distance of 161.61 feet to a point of curve of a curve to the left; Thence along said curve to the left with a radius of 858.00, a central angle of 19° 08' 25" (a chord which bears S 54° 34' 03" W, 285.29) and a length of 286.62 feet to a point of tangency: Thence S 44° 59' 51" W a distance of 13.17 feet to the easterly line of property described in Document No. 98-051807of the Washington County Deed Records; Thence S 01 ° 43' 53" W, along said easterly line, a distance of 48.15 feet to the center line of SW Beef Bend Road; Thence N 44° 59' 51" E, along said center line, a distance of 48.23 feet to a point of curve of a curve to the right; Thence along center line and said curve to the right with a radius of 825.00, a central angle of 19° 08' 25" (a chord which bears N 54° 34' 03" E, 274.32) and a length of 275.60 feet to a point of tangency; Thence N 64° 08' 05" E, along said center line, a distance of 161.61 feet to a point of curve of a curve to the left; Thence along said center line and said curve to the left with a radius of 1500.00 feet a central angle of 0° 50' 57" (a chord which bears S 63° 42' 47" W, 22.23) and a length of 22.23 feet; Thence N 261 42' 41" W, leaving said center line, a distance of 33.00 feet to the point of beginning. Containing 16350 Sq Ft EXHIBIT D ANNEXATION DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 9, Township 2 South Range 1 West Willamette Meridian described as follows: Beginning at the southwest corner of Tract "A" Bella Vista as recorded in Document No. 2005075278 of the Washington County Subdivision records; Thence S 11 ° 56' 22" E, along the extension of the west line of said Tract "A", a distance of 35.39 feet to the centerline of SW Beef Bend Road and a point of a curve to the left; Thence along said curve to the left with a radius of 2000.00 feet, a central angle of 1 ° 24' 38" (a chord which bears N 56° 21' 36" E, 49.24 feet) and a length of 49.24 feet to the extension of the easterly line of said Tract "A"; thence N 11 ° 56' 22" W a distance of 35.75 feet to the south east corner of said Tract "A" and a point on a curve to the right; Thence along said curve to the right with a radius of 1967.00, a central angle of 1 ° 26' 17" (a chord which bears S 55° 58' 36" W, 49.37 feet) and a length of 49.38 feet to point of beginning. 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FOR ASSESSMENT PURPOSES p lbo7: a No L01K nw - p ONLY-D NOTRELyON i' j x'7 ag o•' a a° ?e~ QGSo FOR OTHER USE ~y.\noa ~0'~'` ^m,i F No.•w n,e,..afy.ewv.rNSt2o•,elwnaoMe r/ sa x,ow y rk 1707~z 1 G t np' onw,r~a.w~mm.wrairo..r~.~Mrvrw+w P ` ~ ' Z bMm•r,oma,i07nrlb,. te''ygr~ G TIGARD . 40 2S1 1 10CB 2S11 10CB digla,a,o TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that fhe City will review this request in accordance with ORS Chapter 222 and applicable regional and- local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct Section Number Number Number i T1 ka20 2-S' I 09oo Lou 397 lI26 a-7 C o ~I~1G c I ZGIS' SW BEEF Fe o 9114f), t bebr Lam Cli, osi ►z0s sw 6EEF945*D RuAD. 7',C,, 0 1S 109DO ZaG 39.7 tt ZG v7 m X 2 00 -i T i;\curpln\masters\revised\anxpetn.mst 15-Aug-02 MMER GEOGRAGMIC INFORMATION SYSTEM L7 UTUMNVI ZCA2008-00001 W - m DR CROSS z A~) ANNEXATION m r LEGEND: APPLICATION SUB CT 7 A47' f M £ I f Y N(,C~y O, J r .n Yj W A r::S;: . r FE , Y qty ~ rt is ~'t:.:'•'~,;; i'.~:',' o ..f Y' I - -1 f I` y'~L^: ~3 NO I .,a E Cal f "S'' ftD E Ah._M s 4 Q;.., t°Y;•:4 ,J:~,?.., ;iS'v,'. t r1 TigarOWea Map 1V.1-1/ I ,t n. y. r.^ ~.Qr i t.. l N r,. . ! ,UJI V or'+~ `CLIP ~ ~ t r>, 115 ^.:+},is ~'~oS~'r.,C',^~yj;;`?`y•;•a~" rG.• uJ,. 1-312 feel K' :,a"•~ i F:', : y.!,;;: - i^-rk: tit 5~i': is ..b~l.s<`;•.- - s5' ~1QJ~,. ii'[k,~,'-;• - ,I~; ,r''~ ~;irp;., `ti:~,::ti~:,,,.:y:.y,Z r°"< '~)Y ::9' :W..."~~"'. ~''va eir •.:~Jx,'?'"•Y-~ :':,1;~>`~..r ~ti'P.'ti~ •_.•i`.:.t~:• - • ^4'~~ ..ii L Vc: i~Cd~; [i i .6: , .:7'''• ^~0 mil, .3 is>jtJf "i 4` v:/ 1tY:`.{ ;'Ia. ~::d-.::~s nisi.;. ~'.MY. :.•tE'i4:%~<.:.:JX.:. . . 13125 SW Hall Blvd '~a•'r 4 r•. : s - 13125 SW Hall Blvd I-E Yr 503 639-4171 ~ n~ .:r f~.~; :"ur ''~>s:"fir` - ~'t(J};: ;t.;.1q•_"..^`,. I I EXISTING PRIVATE ROAD !AND m SIDEWALK TO REMAIN I -~^~V X TL-10200 TL-10100 ; MILLENNIUM W REMOVE EXISTING BARRICADE -IL-9900 'I HOMES, INC / -i CONTINUE PAVEMENT TOI NEW % -17 SHARED DRIVEWAY ! _....I POSSIBLE LOCATION PROPOSED SHARED DRIVEWAY I FOR ONE (1) REQUIRED TI: 111UC PARKING SPACE 1 ' ;CONNECT NEW SHARED _ t DRIVEWAY TO EXISTING I 1D DRIVEWAY AND GARAGE IMPROVE AS NECESSARY PARKING (TYP.) j TL-1 1000 I I TL_ 9800 EXISTING DRIVEWAY TO REMAIN, IMPROVE AS ° NECESSARY I I EXISTING DRIVEWAY TO tttLLL--JJJ111 0 ~ ~ ° REMAIN, IMPROVE AS I ( Z TL-11300 8 cr. o NECESSARY I TL-9700 ' g L 1rII~Iry1~1 ,~/,J~~J1 r (L ° EXISTING DRIVEWAY I I lJi W Q m TO REMAIN I I F- Z 3 g ` I I _ LL v 00 W I Lu I I-1-96CC i ffyy~~ TL--11400 151' EXISTING HOUSE MINIMUM SDEYARD PROTECTED SOLAR - W _ TO REMAIN I SETBACK (IYP.) I BUILDING LINE (11P.) t ! EXISTING WALL ! EXISTING DRIVEWAY TO REMAIN TO BE CLOSED I i 11-11500 o _ _ o PROJECT NO. - - EISTING FRONTAGE IIAPROVEMENIS TO REMAIN 1800 FILE: D3.DWG DATE: 05114" DESIGNED: JRM -~RWEWA'Y' SS^L~.c FROM EXISTING BEEF BEN ROAD DRAWN: JRM HOUSE TO BEEF BEND ROAD TO s .w ' • ' - - _ J TOWNSHIP/RANGE/SECTION BE CLOSED _ ;xyn ,,,w fvA+t rl we.~......_- &G 2S 1 DODO • COUNTY - WASHINIMIN TAX LOTS 200 - SHEET TITLE TI ..90000 r~ SITE PLAN 0. 20• 1. SHEET NUMBER SCALE IN FEET D3 EXHIBIT City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223 February 8, 2007 Mark Brown Land Development Manager Dept. of Land Use and Transportation Washington County 155 N. First Avenue, Ste. 350 Hillsboro, OR 97124 Dear Mark: This is in answer to your request for a statement of the City of Tigard's policy regarding annexation and the provision of services. First, in regard to development requiring connection to City of Tigard utilities: The City of Tigard will not provide extension or connection of services unless applications have been made for annexation. After annexation, development plans that comply with City development standards may be submitted and subsequently approved. For example a property owner outside the City limits who needs to connect to City owned storm sewers or sewer facilities will-not be given a Service Provider Letter indicating hookups will be provided unless the property is annexed. Second, in regard to development requiring services for which the City of Tigard has a contractual agreement to provide services outside the City limits (such as through the Tigard Water District): The City of Tigard will allow provision of services where a non remonstrance agreement to annex those properties involved has been signed and recorded with Washington County and submitted to the City of Tigard. These policies follow the provisions of the Tigard Comprehensive Plan. It is the essence of the provision of municipal service in an efficient and cost effective manner that service be provided only after annexation and that subsequent development is consistent with and meet the standards adopted for all development within the City of Tigard. Sincerely, Tom Coffee Community Development Director I:\CURPLN\Dick\Letters\ annex.pol.doc Phone: 503.639.4171 . Fax: 503.684.7297 www.tigard-or.gov . TTY Relay: 503.684.2772 EXHIBIT J M Agenda Item: Hearin Date: April 8 ,2008 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CROSS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00001 APPLICANT/ APPLICANT'S OWNER: Donald L. and Debora Lee Cross REP: Millenium Homes, Inc. 12615 SW Beef Bend Rd Attn: John Marquardt Tigard, OR 97224 18601 East Burnside Ave Portland, OR 97233-5318 PROPOSAL: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road and right-of-way on SW Beef Bend Road for a total of 1.33 acres into the City of Tigard. The applicant received land use approval from Washington County on March 20, 2007 to develop the parcel into 3 lots (Washington County Project # L060553). Because the available urban services are within the City, the property must be annexed. The two owners of the subject parcel have consented to the annexation. The parcel is contiguous to the City on three sides and King City is across the street. Portions of right-of-way that extend beyond the subject parcel's frontage have been included with this proposal at the City s request. All right-of-way included in this proposal is contiguous to the City limits. LOCATION: 12615 SW Beef Bend Road; Washington County Tax Map (WCTM) 2S109DD, Tax Lot 200. The proposed additional right-of-way is located on WCTM 2S109DD and 2S110CB. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall-be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the CROSS ANNEXATION ZCA2008-00001 PAGE 1 OF 10 minimum lot size allowed in the underlying zoning district. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION Staff recommends; that: the Council Sind that the':prop.osed annexation (ZCA2008 00001),meets all the approval, :cntena as ; identified in ORS' Chapter 222, .,Metro Code Chapter - 309, Community Development Code. Chapters 18:320 and.=18.390, and the followmg..Comprehensive Plan Goals and; Policies: Goal 1:1; (Updated versionI .Goal 111;; Pohcy 4 (Updated` Version), Goal 11:3, Poll 6 (Updated Version) and :Policy 10;1; (Non-updated, Version) : Therefore, staff recommends . w APPROVAL of z6-266g4901 by adoptionof the attached ordinance SECTION III. BACKGROUND INFORMATION The subject parcel is located on SW Beef Bend Road. The existing house was built in 1952. The property slopes down about 20% toward Beef Bend Road. Bella Vista Subdivision is within the City and surrounds the subject parcel on three sides. Beef Bend Road borders the subject parcel's southern boundary. King City's boundary begins from the centerline of Beef Bend Road. The total area proposed for annexation is 1.33 acres. The applicant requests approval of annexation of one parcel (0.53 acre) to the City of Tigard along with adjoinin right-of-way for a total of 0.92 acre. In addition, the City has included additional right-of-way on SW Beef Bend Road, totaling 0.41 acre, which is contiguous to the City limits but was left out of previous annexations due to an oversight. Both owners of the 0.53-acre subject parcel have consented to the annexation and neither is an active registered voter at the property. Because the subject parcel is an island of unincorporated territory, there were no owners of adjacent property that the City could invite to join this annexation. The subject property received land use approval for a 3-lot partition (Millenium Homes Partition, Washington County Case File # L060553). The existing house will remain and two additional homes are proposed. Because the available urban services are within the City and maintained by the City, the property must be annexed. Construction plans submitted to the Cityfor a preliminary review indicate the proposed partition will connect to City sewer and storm drainage within Bella Vista Subdivision. Washington County has required the property to be annexed into the City as a condition of approval prior to final plat approval. The applicant received land use approval from Washington County on March 20, 2007, about a month after the City of Tigard issued a formal statement about its annexation policy (February 8, 2007). The purpose of the statement was to prevent property owners or developers from receiving land use approval through the County if the necessary service connections for a property are within the City. The subject property had been well into the land use review process when the City issued its statement. It is not the City s current policy to allow property owners or developers to apply for County land use approval prior to annexing if the necessary service connections are within the City's boundaries. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional Metro Code Chapter 3.09 CROSS ANNEXATION ZCA2008-00001 PAGE 2 OF 10 City: Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Chapter 18.320.020: Approval Process and Standards. B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." Water - City of Tigard. Tigard Water District currently serves the subject property. Upon annexation, City of Tigard will be the provider of water. Water is available in SW Rembrandt Lane, north of the subject parcel, within Bella Vista Subdivision. Sewer - Clean Water Services/City of Tigard. Clean Water Services currently serves the existing home. Future homes will connect to the sewer connection west of the subject parcel in Bella Vista Subdivision. Upon development of the site, the City will be the service provider for the new homes. Drainage - Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the provider of storm drainage. The only available storm drainage connection for the subject parcel is east of the subject parcel in Bella Vista Subdivision. Streets - City of Tigard Capital Construction & Transportation Division. The subject property is located on SW Beef Bend Road, a County-owned road, and surrounded by Bella Vista Subdivision. Upon development, the site is required to close off access to SW Beef Bend Road, because the existing driveway does not meet the access spacing standard. SW Beef Bend is designated an arterial on the City's Transportation System Plan and a Major Collector on the County's plan. Bella Vista Subdivision contains a private street stub (Tract B) to which the site is required to connect upon development. Tract B will connect the proposed development to SW Rembrandt Lane, a public street within the City of Tigard. Police - City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire - Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (T F&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territorv. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: CROSS ANNEXATION ZCA2008-00001 PAGE 3 OF 10 . w Goal 1.1 (UDdated): Citizen Involvement. 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 Citymaintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on February 22, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and on the subject roperty on SW Beef Bend Road. The City published notice of the hearing in The Tigard Tualatin ShenvoodpTimes for two successive weeks (March 20, 2008 and March 27, 2008) prior to the April 8, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on March 18, 2008). In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on March 18, 008, including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. The property owners have petitioned for annexation so that their property may receive City stormwater services. Therefore, this policy is met. Goal 11.3 (Updated): Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The property owners have ppetitioned for annexation so that their property may receive City wastewater services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not si~iiificantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer, 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet. The proposed 0.53-acre territory has an estimated maximum density of 3 residential units and estimated minimum density of 2 units'. There will be three (3) total units based on the County-approved design. The development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by the applicant and City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to three (3) residential units. The proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Staff concludes that there is adequate capacity to serve the proposed territory water sewer, dstreets olice fire 12rotectioLi) if develo e to the densi ermitted and the proposed annexation will not si mificantly reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following. 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) 1 Using formula for density calculation in Chapter 18.715 of the Development Code. CROSS ANNEXATION ZCA2008-00001 PAGE 4 OF 10 Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements have been assigned as part of the recent development review by the County. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within e Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. U on annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Manning Area Agreement, Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emerggency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d~ the land is located within the Tigard Area of Interest and is contiuous to the City boundary; e) he annexation can be accommodated by the services listed in 10.1.g1(a). a) The subject parcel is an island of unincorporated territory, surrounded by the City of Tigard on three sides and King City on one side. Therefore, annexing the subject parcel and adjoining right- of-way would reduce an island of unincorporated territory and a pocket of right-of-way Annexing the two additional right-of-way areas will also eliminate pockets of unincorporated territory, since the right-of--way is currently between the City's boundary and what may be King City's extended boundary in the future. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. By reducing the island of unincorporated territory and bringing in the two pieces of additional right-of-way, the City's boundary will become more regular. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006) includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City on three sides, where it abuts Bella Vista Subdivision on its north, east and west boundary. The two additional pieces of right-of-way on SW Beef Bend Road are contiguous to the City. e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.C of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: CROSS ANNEXATION ZCA2008-00001 PAGE 5 OF 10 TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS R'ashington County- Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res. 5 unitsracre R-4.5 SFR 7,500 sq. ft. Lot; density 1-5 units/acre R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 unitsracre R-9 Res. 9 units.''acre R-12 Multi-family 12 units/acre Med. density 6-12 units/acre R-12 Res. 12 units/acre R-12 Multi-family 12 unitsracre Med. density 6-12 tmits'acre R-15 Res. 15 units/acre R-25 Multi-family 25 units acre Medium-High density 13-25 unitsracre R-24 Res. 24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 unitsracre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Conunercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light hidustrial■ The subject property is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoningg. As this is a Zone Change Annexation (ZCA) application upon approval and execution of the 0 Osed annexation the proposed territory will automatically convert to R-7 zoning. In addition; the City s Comprehensive Plan designation for medium-density residential will be applied to this area. Chapter 18.320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zonnilg designation placed on the property shall be the City's zoning district which most close implements the City's or County's comprehensive plan map designation. The assignment o these designations shall occur automatically and concurrently with the annexation. 3n the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently R-6 and will automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the CROSS ANNEXATION ZCA2008-00001 PAGE 6 OF 10 Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the Ciry to provide notice at least 20 days prior to the hearing by mail and to publish notice at least 10 business days prior to the hearing for 2 consecutive weeks; the City mailed notice on March 18, 2008, and ppublished public notice in The Tiggard Tualatin Sherwood Times for two successive weeks (March 20, 2008 &1~Iarch 27, 2008) prior to the April 8, 2008, public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is, therefore, in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory w C owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearingiin a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted n four public places in the city for a like period. The two owners of the 0.53-acre subject parcel have signed a petition for annexation to the City. The subject parcel is contiguous to the City's boundary on three sides. The proposed right-of-way adjoins the subject parcel or is contiguous to the City's boundary. The City has acted on its own motion to annex the two additional pieces of right-of-way on SW Beef Bend Road. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 20, 2008 & March 27, 2008) prior to the April 8, 2008, public hearing and posted the hearing notice at four public places on February 22, 2008: Tigard Library, Tigard City FIall, Tigard Permit Center, and in the vicinity of the proposed territory off SW Bull Mountain Road. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that this report is available 15 days before the hearing (March 24, 2008 for an April 8, 2008, hearina) Staff has determined that the arplicable METRO regulations (Metro Code 3.09.040.(b) &(d)) have been met based on the following findings: Metro 3.09.040-0) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider CROSS ANNEXATION ZCA2008-00001 PAGE 7 OF 10 v agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2006). (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable goals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Frameworks Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory {rom the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place April 8, 2008. If the Council adopts findings to approve ZCA2008- 00001, the effective date of the annexation will be 30 days later on May 8, 2008. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the proposed annexation complies with all applicable provisions of urban service rovider agreements (UPAA (2006) and the TUSA (2006). The proposed annexation is in the Area of p Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary parry; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that `so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes CROSS ANNEXATION ZCA2008-00001 PAGE 8 OF 10 contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006), which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city lirr. Y' services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 18.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous- sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code (Chapter 18 of the City Municipal Code) will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Building Division reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation, but did not comment. However, the Division made comments during the County land use review, indicating that the subject property was required to annex into the City to receive urban services that are inside and maintained by the City. The City Arborist reviewed the proposal and indicates there were several trees on site (as of the most recent aerial photo taken in July 2007) that have been recently removed. The City Arborist makes note that removing trees prior to being annexed into the City and with the intention of developing is not consistent with the City's tree code, which favors retention over removal wherever possible. RESPONSE: According to the County decision, the developer had proposed to remove three trees and then retain trees where possible during the building phase. The County planner who reviewed the land use application indicated that the County recommended the retention of the trees while recognizing the developer would likely remove them. In addition, the trees removed so far were removed to provide access to the site. The other trees on site will likely be removed to accommodate the new homes. Because the subject parcel received County land use approval prior to annexing, the proposed development will CROSS ANNEXATION ZCA2008-00001 PAGE 9 OF 10 comply with the conditions of the County approval with regard to trees. As previously discussed, this land use approval was issued almost a year ago and it is not the City's current policy to allow developers to apply for County land use approval prior to annexing if the necessary service connections are within the City's boundaries and maintained by the City. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and noted that construction plans for the subject site have been submitted for review at CWS under Site Development Project # 9197. CWS notes that the plans have not been approved and have been returned to the applicant with redline comments. In addition, when the parcel is annexed to the City as a condition of utilizing the City maintained storm system and connection to City water, the City may assume responsibility for reviewing construction plans for all aspects of the project that would normally fall under City purview if the parcel were already within the City limits. Included is a list of applicable CWS standards regarding Sanitary Sewer, Storm Drainage and Water Quality, Sensitive Area and Erosion Control. RESPONSE: The applicant is required to obtain a Public Facility Improvement Permit with the City of Tigard Development Review Engineering Division and shall submit construction plans for the City's review and approval. SECTION IX, PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 181 200$ As of the date of this report, staff has not received any written comments. 3/24/2008 REPARXVV BY mily Eng DATE ssistant Planner e~ 3/24/2008 REVIEWED BY: Richard Bewe sd rff DATE Planning Ma ager CROSS ANNEXATION ZCA2008-00001 PAGE 10 OF 10 City of Tigard, Oregon 41 Affidavit of Posting In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, , 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) which were adopted at the City Council meeting ofAf",4 ~ , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the . _ day of )20 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon t 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Signature of Person w o Performed Posting Subscribed and sworn (e-tamed) before me this day of 20Qf7k. OFFICIAL SEAL JILL. M BYARS NOTARY PUBLIC-OREGON Signa e of Notary Pub is for Oregon COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 0admkathyVorms\pos1 ord1nanm 2006.doe QTY OF TIGARD, OREGON TIGARD QTY COUNCIL ORDINANCE NO. 2009-' ORDINANCE ANNEXING 1.33 ACRES, APPROVING THE CROSS ANNEXATION (ZCA2008-00001) AND WATFDRAWANG PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.111(2) to annex contiguous territory upon the City's own motion; WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently he within the boundary of the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington Gounty Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on April 8, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S109DD, Tax Lot 200) of land with adjoining right-of-way on the north side of SW Beef Bend Road and additional right-of-way on SW Beef Bend Road (found on Washington County Tax Maps 2S109DD and 2S109CB) and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District on April 8, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Gode states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE QTY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel and adjoining right-of-way described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District. SECTION2: The Tigard City Council hereby annexes the additional right-of-way described in the attached Exhibits "C" and "D" and shown in Exhibit "E." SECTION 3: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "J" and incorporated herein by this reference. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 5: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required bylaw, and providing notice to utilities. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriff's Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2009. SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By U Yl R.Rk I I,L,U vote of all Council members resent after being read by number and title only, this g t day of )2008. GL 6L Cathy , e ey, Ci corde APPROVED: By Tigard City Council this day of , 2008. Craig ksen, Mayor Approved as to form: C'-1F Date (JX EXHIBIT A LEGAL DESCRIPTION: PAGE 1 OF 2 FEBRUARY 6, 2008 THAT TRACT OF LAND AS DESCRIBED IN DEED DOCUMENT NUMBER 2006-001914, RECORDED JANUARY 6, 2006, WASHINGTON COUNTY DEED RECORDS, AND A PORTION OF THE NORTHWESTERLY RIGHT-OF-WAY OF S.W. BEEF BEND ROAD, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT 31 OF THE PLAT OF "BELLA VISTA", WASHINGTON COUNTY PLAT RECORDS; THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 28, 27, AND 26 OF SAID PLAT SOUTH 46°21'37" EAST, 126.72 FEET, TO THE MOST SOUTHERLY CORNER OF SAID LOT 26; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 26 NORTH 76°47'31" EAST, 29.53 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. BEEF BEND ROAD, BEING 33.00 FEET NORTHERLY OF THE CENTERLINE THEREOF (WHEN MEASURED PERPENDICULAR THERETO); THENCE ALONG SAID RIGHT- OF-WAY LINE, ALONG THE ARC OF A 4033.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 1026'14" (THE LONG CHORD BEARS NORTH 44°16'44" EAST, 101.16 FEET), AN ARC DISTANCE OF 101.16 FEET TO A POINT OF TANGENCY; THENCE NORTH 44°59'51" EAST, 32.80 FEET TO THE MOST EASTERLY CORNER OF SAID PLAT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE SOUTH 45°00'09" EAST, 33.00 FEET TO THE CENTERLINE OF S.W. BEEF BEND ROAD; THENCE ALONG SAID CENTERLINE SOUTH 44°59'51" WEST, 32.80 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 4000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 4°26'17" (THE LONG CHORD BEARS SOUTH 42°46'42" WEST, 309.76 FEET), AN ARC DISTANCE OF 309.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 40°33'34" WEST, 206.72 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 1000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 0°04'40" (THE LONG CHORD BEARS SOUTH 40°35'54" WEST, 1.36 FEET), AN ARC DISTANCE OF 1.36 FEET TO A POINT OF TANGENCY; THENCE LEAVING SAID CENTERLINE NORTH 49°21'46" WEST, 33.00 FEET TO THE MOST SOUTHERLY CORNER OF TRACT "C" OF SAID PLAT, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. BEEF BEND ROAD, BEING 33.00 FEET NORTHERLY OF THE CENTERLINE THEREOF (WHEN MEASURED PERPENDICULAR THERETO); PAGE 2OF2 THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, ALONG THE ARC OF A 967.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 0°04'40" (THE LONG CHORD BEARS NORTH 40°35'54" EAST, 1.31 FEET), AN ARC DISTANCE OF 1.31 FEET TO A POINT OF TANGENCY; THENCE NORTH 40°33'34" EAST, 206.72 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 4033.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 0°21'54" (THE LONG CHORD BEARS NORTH 40°44'31" EAST, 25.70 FEET), AN ARC DISTANCE OF 25.70 FEET TO THE MOST EASTERLY CORNER OF LOT 45 OF SAID PLAT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 45 NORTH 46021'37" WEST, 32.27 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 45; THENCE ALONG THE NORTHEASTERLY LINES OF LOTS 44,43 AND 40 OF SAID PLAT NORTH 28°15'24" WEST, 132.02 FEET TO AN ANGLE POINT ON THE NORTHEASTERLY LINE OF SAID LOT 40 OF SAID PLAT; THENCE ALONG THE SOUTHEASTERLY LINES OF LOT 40, TRACT "F", AND LOTS 32 AND 31 OF SAID PLAT NORTH 48°35'02" EAST, 120.17 FEET TO THE POINT OF BEGINNING. CONTAINS 40,139 SQUARE FEET OR 0.92 ACRES, MORE OR LESS. REGISTERED PROFESSIONAL LAND SURVEYOR ' OREGON ,JANUARY 11, 2005 BARREN S. HARR 56181 xrr!:•!Af ION Op : (0 30/04 EXHIBIT B LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9; TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON FEBRUARY 6. 2008 MOST EASTERLY CORNER OF '9J MOST PLAT OF "BELLA VISTA' S45'00'09"E 0x, N44'59'51 "E 33.00' 32.80' r T 4ryk' BEGINNING S4459'S1 "W POINT OF , / 2 y 32.80 40 DEED DOCUMENT N76'47'31"E o~ -c NO. 2006-001914 am 29.53' lb ~O 43 46'21'37"W /632.27' <<~ 44 45 / C5 L=25.70' 7.5 4u. REGISTERED PROFESSIONAL LAND SURVEYOR J:Gy OREGON Ammy 11. 2m DARREN 8 HARR C4 L=1.31' N49'21'46"W z RENEWAL DATE: 6-30-09 33.00' C3 L=1.36' SCALE 1" = 60' FRONTIER CURVE TABLE LAND SURVEYING CURVE LENGTH RADIUS DELTA CHORD 10110 S.W. NIMBUS AVENUE Cl 101.16' 4033.00' 1'26'14" N44'16'44"E 101.16' SUITE B-9 C2 309.83' 4000.00' 4'26'17" S4246'42"W 309.76' PORTLAND. OREGON 97223 C3 1.36' 1000.00' 0'04'40" S40'35'54"W 1.36' PHONE: (503)620-4100 C4 1.31' 967.00' 0'04'40" N40'35'54"E 1.31' FAX: (503)620-4900 C5 25.70' 4033.00' 0'21'54" N40'44'31"E 25.70' JOB NO.: 1029 EXHIBIT C ANNEXATION DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 9, Township 2 South Range 1 West Willamette Meridian described as follows: Beginning at the southwest corner Parcel 2 of Partition plat 2000-0033 of the Washington County Subdivision records being on the northerly right-of-way line of SW Beef Bend Road 33.00 feet from center line when measured at right angles and a point on a curve to the right; Thence along said curve to the right with a radius of 1467.00 feet a central angle of 0° 50' 57" (a chord which bears S 63° 42' 47" W, 21.74) and a length of 21.74 feet; Thence S 64° 08' 16" W, along said north right-of- way, a distance of 161.61 feet to a point of curve of a curve to the left; Thence along said curve to the left with a radius of 858.00, a central angle of 19° 08' 25" (a chord which bears S 54° 34' 03" W, 285.29) and a length of 286.62 feet to a point of tangency: Thence S 44° 59' 51" W a distance of 13.17 feet to the easterly line of property described in Document No. 98-051807of the Washington County Deed Records; Thence S 01 ° 43' 53" W, along said easterly line, a distance of 48.15 feet to the center line of SW Beef Bend Road; Thence N 44° 59' 51" E, along said center line, a distance of 48.23 feet to a point of curve of a curve to the right; Thence along center line and said curve to the right with a radius of 825.00, a central angle of 19° 08' 25" (a chord which bears N 54° 34' 03" E, 274.32) and a length of 275.60 feet to a point of tangency; Thence N 64° 08' 16" E, along said center line, a distance of 161.61 feet to a point of curve of a curve to the left; Thence along said center line and said curve to the left with a radius of 1500.00 feet a central angle of 0° 50' 57" (a chord which bears S 63° 42' 47" W, 22.23) and a length of 22.23 feet; Thence N 26° 42' 41" W, leaving said center line, a distance of 33.00 feet to the point of beginning. Containing 16350 Sq Ft EXHIBIT D ANNEXATION DESCRIPTION A tract of land situated in the Southeast one-quarter of Section 9, Township 2 South Range 1 West Willamette Meridian described as follows: Beginning at the southwest corner of Tract "A" Bella Vista as recorded in Document No. 2005075278 of the Washington County Subdivision records; Thence S 11 ° 56' 22" E, along the extension of the west line of said Tract "A", a distance of 35.39 feet to the centerline of SW Beef Bend Road and a point of a curve to the left; Thence along said curve to the left with a radius of 2000.00 feet, a central angle of 1 ° 24' 38" (a chord which bears N 56° 21' 36" E, 49.24 feet) and a length of 49.24 feet to the extension of the easterly line of said Tract "A"; thence N 11 ° 56' 22" W a distance of 35.75 feet to the south east corner of said Tract "A" and a point on a curve to the right; Thence along said curve to the right with a radius of 1967.00, a central angle of 1 ° 26' 17" (a chord which bears S 55° 58' 36" W, 49.37 feet) and a length of 49.38 feet to point of beginning. 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Q',•` 41 '6200 EM) ENLU • S~ a•9~, 'u,I .•u • .ee.. :°x r i A: /ti x: ' 4.r - e • n Acr A• ~0 K n ss ~f,, ~E `~4 ® _ ,~1 402 e.i 1 ,400 Ne. 2° o.;m` uvnEn,EnTK :•;4'',,' 1 :'•o •'~_a;` nW N02 n\ ego ®Gm~it'.' ~29p1 `,;en ,A1nt,„0 ma'two,,nr.rnR f\ 4 ® ~ a' IA"9,01,,A2,,T 5, ,71e, 1,1e, N1o; N,0], nmen2p92o,. g3 4 a~290 n,m.evoznm,,Sim. ,6am.rrzm,e -.31 - Y6=0 ~'a 1•~;:'^~' ® V R 6 o2e07~ 23201 W. 0320C, 61 iOl. aN1 ~01W: eu`, 100. p;0: ® , a,mLa, m.. eY,a4Nma. 6219,.69,99. e2mL ;N°'~ ® ^ ^ n ! ,~D~. 5u 04.0V '7106 ea2oz e7S6, W W. 97100. 1w 4e L ® ',~y~* ;4.•, -101,64104, NfO,. NI,O, N1,7 N1te.'9202. . bow "312: e~`u,0. w,i oo b, 6609.100. xuK S 1.00 ieoo din 4 : • • 44 ~`5. • aao. 17 •,*"yy'" t 1400 2,~~ ''!`v t, .b.:' - - . •F ~,.v+ z 4e R ~7'' %i x=2711 *46 , 5 t'a+ m,.6n A s 3 ,@ 8 S PYl eAl Q 10 1 W n1 Q~ 711 ~~t `d 3-78 is 9 ve °A2 O~~1 t x 4 1 O n 17094 1 =•e ~~;Z d • €€9 ,200 ' no p , / ^ PLOT DATE: February 08, 2007 8; .'•MK a 4i 6 4+ ~G9 no,~e s t1 LL FOgASSESgMENTPURPOSES T s a 1 j ONLY DO NOT REL y ON T'•3' 1.So7: 7900 2110 ~f '~~yss G~ ' • pG , FOR OTHER USE r 3 27 pr i'7+f] (~~~OQ` .F~• r~ .i•..' ••n~ ~4n a~w,p ~.,~emambec.r rr noa r./ e00 x1000 q `..f „0] \ , J`', ..y;. ?j onwx PaprtY OOwbaMwm~tM 4W'~0,-^vV 4.94 R ,E: :a~• p;,~`:i`••~':';~ l:r r „m . e.•` TIGARD ~r1G KING CITY •';;','.,;`.:'4,,;;R'':~. 2S 1 10CB 2S1 V 10CB mgftlwio TO THE COUNCIL OF THE CITY OF TIGARD, OREGON.: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and gtve consent to, Annexation of said property to the City of Tigard. We understand that e City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct [ Section Number Number Number °v ' C ~Ir~G G~c r/ 2611 ' 5W 13tz~F BEND R114 D, 'Ti 6.490 ZS 1 0904> Z U u 397 it 26/(/ 7 r bebAzk Lz e. ~~SS 12- b 1S- 4IV BEEF gojvo 9u.9D , T.6. 0 r~ I o40D Z r/G 39.7 t t ZG v7 T T iAcurpln\masters\revised\anxpetn.mst 15-Aug-02 MMER GEOGRAPHIC INFORMATION SYSTEM N V' UTUMNV/ ZCA2008-00001 x W CROSS Z °R ANNEXATION TI .ar m y r LEGEND: APPLICATION . ' T A_" i T s z ems, op. ~9* a d to \ t4rnq~i - ~ - ~ YF I I t 1 r vl( \ BEEF BEE=O~Dl~ _ CU A ~ D : c V ~ Nf ~ ' k r..:?. •2t Y ft ~ - m ~ - (/+~I ~ ~ 5 J t J (,J ~t 4fh. l ' .,Y VLJ , rlKS, O~~ b. y I r s8 1.. { r. 41 ~ sl E . J A , QQ".5 ~k,y Y z~''' 9k~Cr' Lr'' r i f\f- Tigard Area Map it ~ Y h'ti ' ,n 4 n s \ ~•:'d., ~ ~ ~ e 'yl ' ~s 's'r ~ ~ Ir. 'i h !5 N ' © .Qnr t ram Nn N6. X 'frg'11. r a'q'a y} }~.T ~`',n: a 85 ~ t.Y,^..'. .Y`,Q ~b f LL~~~ Y 51 jr4et ?'fit r t may, ,f~,;,~r~>r;, ~Y'l .yj`~. •r} 1 ..f,; , t ..P,;. ,vxi, ;1, , r n r : w,ry ,y` • ~ ;~`~~Y:. x 1.,. 1- 312 feel ,:.r3:• r7.. x~: ;„s_ .4::+d .Y lI ^ s. s?:%F2 :'•ri ? 7' n ~;x,~,: s:t„~,t ;r. x.. itie~."rh.^ ,..a•.:,e;.; ,~u.}; h~r~'u +k°,. f3'%.r=:.,: li,'.; :a :.:ell :%+5"`~ < :,r...;;:,;N`,'y ,t•.:. fY'' •.:;.4::•'.:.~`~y~.'ty,.?:;< ''s ~ r9~ , P~~'~ ~ '~~~t'r:,. .:T• .-1'z*S5'+, ,g. ~:9.G'."' ..;:«n'' w ~tii?ut<~>lµu~,• z kip .zi-~~. ^:tc~: ii: s:r.; 6•. r:. i ~'.e` ~ .:Al's ..5 . ?+`e~~ .4:..,., , ,T,. n3„ ~.Y.;; , y~',:.. { :,y. • t • y .,,1 : wi \y,: - ~iy:}:.i... S.T1: ~ p.: ,:hA,~'(r 4~twY~'...,:,. •y..,, 4y+'i ~ f . l':'.' .;:';I:'I,,1 ,.•'T.'.:.,' .:..;.R ? lhi: ~C`~''.4'.: r: Cl'"iY:l::~ l'n i?~: :'~.i ('L~. @~ .5 •';i-.ay, Y:1:` .'_;;i•.2:'.' "'q'. t:h tl.~~;S'.•;: r:':'u i:: i'.^}a~ f. ..Y'> .'.r.;: is , . ?,~,•'L-. 13125 SW Hall Blvd T.:..1.> . .iw. .,x. .w rip`, ..i:.... . u(Y .9 i. Y .rn' itT ~y'-' rj : y [ Y:(. :•.J~~ ;its' .:t+l -~~~i ..4'.'li".. 13125 SW Hall Blvd •A I .r.. k. . . :.a~-. r k~•C~i : rX+F'~, _ ,`..~s'a,t., :~:'"Lt .a,i` k+Y'^... ..e`.. , .,_t v k..:.:.... `;.r:.:. Sid..:: }.,t i.ti -V ~iY : ; .A T. T... - W, ..f~ - _ . 503 639_4171 r•: r.:y ' ~vw - r x EXISTING PRIVATE ROAD JAND ME SIDEWALK TO REMAIN N E ti TL-10200 TL-10100 Lu MILLENNIUM REMOVE EXISTING BARRICADE TL-9900 HOMES, INC i CONTINUE PAVEMENT TOI NEW SHARED DRIVEWAY POSSIBLE LOCATION L R ARED DRIVEWAY I FOR ONE (1) REQUIRED TI~11100 PARKING SPACE /CONNECT NEW SHARED DRIVEWAY TO EXISTING DRIVEWAY AND GARAGE IMPROVE AS NECESSARY PARKING (TYP.) TL-1 1000 TL-0800 EXISTING DRIVEWAY TO - REMAIN. IMPROVE AS NECESSARY EMSTING DRIVEWAY To .1. REMAIN. IMPROVE AS L-1 1300 If cc ECIES ARY TL-9700 EXISTING DRIVEWAY TO REMAIN LLJ Lu 0.w u~ TL--l 1400 -fL-9600 EXISTING HOUSE Sl co (~EYAR TO REMAIN MINIMUM J. PUROTECTED SETBACK 8 ILDING U,:.(,) . EXISTING WALL EXISTING DRIVEWAY TO REMAIN TO BE CLOSED 'I'L-1 1500 IMP oVEMEN To REMAIN PROJECT NO. EXISTING FROINTAG'I 180000 - FILE: D3.IDVVG DATE: 05riolos DESIGNED: JRM END ROAD MTSS FROM EXISTING DRAWN: JRM HOUSE TO BEEF SEND ROAD TO S.W. BEEF B TOWNSHIP/RANGE/SECTION BE CLOSED 2S I 090D COUNTY WASHINGTON TAX LOTS 2W SHEET TITLE TL-90000 SITE PLAN 0. 1. SHEET NUMBER SCALE IN FEET D3 I EXHIBIT 1 City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223 February 8, 2007 Mark Brown TIGARD Land Development Manager Dept. of Land Use and Transportation Washington County 155 N. First Avenue, Ste. 350 Hillsboro, OR 97124 Dear Mark: This is in answer to your request for a statement of the City of Tigard's policy regarding annexation and the provision of services. First, in regard to development requiring connection to City of Tigard utilities: The City of Tigard will not provide extension or connection of services unless applications have been made for annexation. After annexation, development plans that comply with City development standards may be submitted and subsequently approved. For example a property owner outside the City limits who needs to connect to City owned storm sewers or sewer facilities willnot be given a Service Provider Letter indicating hookups will be provided unless the property is annexed. Second, in regard to development requiring services for which the City of Tigard has a contractual agreement to provide services outside the City limits (such as through the Tigard Water District): The City of Tigard will allow provision of services where a non remonstrance agreement to annex those properties involved has been signed and recorded with Washington County and submitted to the City of Tigard. These policies follow the provisions of the Tigard Comprehensive Plan. It is the essence of the provision of municipal service in an efficient and cost effective manner that service be provided only after annexation and that subsequent development is consistent with and meet the standards adopted for all development within the City of Tigard. Sincerely, Tom Coffee Community Development Director I:\CU RPLN\Aick\L.etters\annex.pol.doc Phone: 503.639.4171 . Fax: 503.684.7297 www.tigard-or.gov . TTY Relay: 503.684.2772 EXHIBIT J Agenda Item: Hearin Date: Aril 8 2008 Time: 7:30 PM STAFF REPORT TO THE a CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CROSS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00001 APPLICANT/ APPLICANT'S OWNER: Donald L. and Debora Lee Cross REP: Millenium Homes, Inc. 12615 SW Beef Bend Rd Attn: John Marquardt Tigard, OR 97224 18601 East Burnside Ave Portland, OR 97233-5318 PROPOSAL: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road and right-of-way on SW Beef Bend Road for a total of 1.33 acres into the City of Tigard. The applicant received land use approval from Washington County on March 20, 2007 to develop the parcel into 3 lots (Washington County Project # L060553). Because the available urban services are within the City, the property must be annexed. The two owners of the subject parcel have consented to the annexation. The parcel is contiguous to the City on three sides and King City is across the street. Portions of right-of-way that extend beyond the subject parcel's frontage have been included with this proposal at the City s request. All right-of-way included in this proposal is contiguous to the City limits. LOCATION: 12615 SW Beef Bend Road; Washington County Tax Map (WCTM) 2S109DD, Tax Lot 200. The proposed additional right-of-way is located on WCTM 2S109DD and 2S110CB. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the-R-5 District. The average lot area for single family detached dwellings within a proposed development shall-be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum. lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the CROSS ANNEXATION ZCA2008-00001 PAGE 1 OF 10 minimum lot size allowed in the underlying zoning district. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 8.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION Staff"recommends `that the Council find that the proposed annexation (ZCA2008 00001) meets all=' the": approval'.cnteria as `identified in _ ORS Chapter 222, Metro ..Code Chapter 3 09, : Community Development Code Chapters 18:320' and 18:390;` and the- following Comprehensive Plan Goals and:: Policies Goa 11;;(LTpdated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3; Policy 6,', (Updated Version) and Policy 10.1(Non-updated ;Version): Therefore, `staff recommends .?AP'ROVAL:of ZGA2008-00001 by adoption of the attached orduiance 7. SECTION III. BACKGROUND INFORMATION The subject parcel is located on SW Beef Bend Road. The existing house was built in 1952. The property slopes down about 20% toward Beef Bend Road. Bella Vista Subsion is within the City and surrounds the subject parcel on three sides. Beef Bend Road borders the subject parcel's southern boundary. King City's boundary begins from the centerline of Beef Bend Road. The total area proposed for annexation is 1.33 acres. The applicant requests approval of annexation of one parcel (0.53 acre) to the City of Tigard along with adjoining right-of-way for a total of 0.92 acre. In addition, the City has included additional right-of-way on SW Beef Bend Road, totaling 0.41 acre, which is contiguous to the City limits but was left out of previous annexations due to an oversight. Both owners of the 0.53-acre subject parcel have consented to the annexation and neither is an active registered voter at the property. Because the subject parcel is an island of unincorporated territory, there were no owners of adjacent property that the City could invite to join this annexation. The subject property received land use approval for a 3-lot ~p?artition (Millenium Homes Partition, Washington County Case File # L060553). The existing house wilt remain and two additional homes are proposed. Because the available urban services are within the City and maintained by the City, the property must be annexed. Construction plans submitted to the City for a preliminary review indicate the proposed partition will connect to City sewer and storm drainage within Bella Vista Subdivision. Washington County has required the property to be annexed into the City as a condition of approval prior to final plat approval. The applicant received land use approval from Washington County on March 20, 2007, about a month after the City of Tigard issued a formal statement about its annexation policy (February 8, 2007). The purpose of the statement was to prevent property owners or developers from receiving land use approval through the County if the necessary service connections for a property are within the City. The subject property had been well into the land use review process when the City issued its statement. It is not the City s current policy to allow property owners or developers to apply for County land use approval prior to annexing if the necessary service connections are withui the City s boundaries. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 CROSS ANNEY-KnON ZCA2008-00001 PAGE 2 OF 10 City: Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Chapter 18.320.020: Approval Process and Standards. B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." Water - City of Tigard. Tigard Water District currently serves the subject property. Upon annexation, City of Tigard will be the provider of water. Water is available in SW Rembrandt Lane, north of the subject parcel, within Bella Vista Subdivision. Sewer - Clean Water Services/City of Tigard. Clean Water Services currently serves the existing home. Future homes will connect to the sewer connection west of the subject parcel in Bella Vista Subdivision. Upon development of the site, the City will be the service provider for the new homes. Drainage - Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the provider of storm drainage. The only available storm drainage connection for the subject parcel is east of the subject parcel in Bella Vista Subdivision. Streets - City of Tigard Capital Construction & Transportation Division. The subject property is located on SW Beef Bend Road, a County-owned road, and surrounded by Bella Vista Subdivision. Upon development, the site is required to close off access to SW Beef Bend Road, because the existing driveway does not meet the access spacing standard. SW Beef Bend is designated an arterial on the City's Transportation System Plan and a Major Collector on the County's plan. Bella Vista Subdivision contains a private street stub (Tract B) to which the site is required to connect upon development. Tract B will connect the proposed development to SW Rembrandt Lane, a public street within the City of Tigard. Police - City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire - Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (IVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan oals and policies apply to the proposed annexation: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: CROSS ANNEXATION ZCA2008-00001 PAGE 3 OF 10 Goal 1.1 (Updated): Citizen Involvement. 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 maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on February 22, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and on the subject roperty on SW Beef Bend Road. The City published notice of the hearing in The Tigard Tualatin Shenvoov mes for two successive weeks (March 20, 2008 and March 27, 2008) prior to the April 8, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on March 18, 2008). In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on March 18, 008, including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. The property owners have petitioned for annexation so that their property may receive City stormwater services. Therefore, this policy is met. Goal 11.3 (Updated): Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The property owners have petitioned for annexation so that their property may receive City wastewater services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet. The proposed 0.53-acre territory has an estimated maximum density of 3 residential units and estimated minimum density of 2 units'. There will be three (3) total units based on the County-approved design. The development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by the applicant and City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to three (3) residential units. The proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Staff concludes that there is adequate capacity to serve the proposed territory water sewer, drain e streets olice fire protection) if develo e to the density permitted. and the proposed annexation will not sigru~y reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) 1 Using formula for density calculation in Chapter 18.715 of the Development Code. CROSS ANNEXATION ZCA2008-00001 PAGE 4 OF 10 Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements have been assigned as part of the recent development review by the County. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within e Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City, c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject parcel is an island of unincorporated territory, surrounded by the City of Tigard on three sides and King City on one side. Therefore, annexing the subject parcel and adjoining right- of-way would reduce an island of unincorporated territory and a pocket of right-of-way Annexing the two additional right-of-way areas will also eliminate pockets of unincorporated territory, since the right-of--way is currently between the City's boundary and what may be King City's extended boundary in the future. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. By reducing the island of unincorporated territory and bringing in the two pieces of additional right-of-way, the City's boundary will become more regular. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006) includes the proposed annexation territory within Tigard's Area of Interest. The roposed annexation territory is contiguous to the City on three sides, where it abuts Bella Vista subdivision on its north, east and west boundary. The two additional pieces of right-of-way on SW Beef Bend Road are contiguous to the City. e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Items a through a have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3 on-u dated : Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.C of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: CROSS ANNEXATION ZCA2008-00001 PAGE 5 OF 10 TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Distiicts/Plan Designation Plan Designation R-5 Res. 5 units/acre R-4.5 SFR 7,500 sq. ft. Low density 1-5 traits/acre R-6 Res. 6 units/acre R-7 SFR 51000 sq. ft. Med. density 6-12 units?acre R-9 Res. 9 units/acre R-12 Multi-family 12 units/acre Med. density 6-12 traits/acre R-12 Res. 12 units/acre R-12 Multi-family 12 tutits/acre Med. density 6-12 tmits/acre R-15 Res. 15 units/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 toots/acre R-24 Res. 24 units/acres R-25 Multi-family 25 runts/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Conunercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrial■ The subject property is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoningg. As this is a Zone Change Annexation (ZCA) application upon approval and execution of the proposed annexation the proposed territory will automatically convert to R-7 zoning. In addition, the City s Comprehensive Plan designation for medium-density residential will be applied to this area. Chapter 18.320.020 C. Assignment of comprehensive plan and zoning deslgna .ons. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assl nment of these designations shall occur automatically and concurrently with the annexation. rn the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.3801 A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently R-6 and will automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the CROSS ANNEXAMN ZCA2008-00001 PAGE 6 OF 10 Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the Ciry to provide notice at least 20 days prior to the hearing by mail and to publish notice at least 10 business days prior to the hearing for 2 consecutive weeks; the City mailed notice on March 18, 2008, and published public notice in The Tigard Tualatin Sherwood Timer for two successive weeks (March 20, 2008 &-March 27, 2008) prior to the April 8, 2008, public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is, therefore, in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (.ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and pprovide public notice to be published once each week for two successive weeks prior to the day of the eating. in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The two owners of the 0.53-acre subject parcel have signed a petition for annexation to the City. The subject parcel is contiguous to the City's boundary on three sides. The proposed right-of-way adjoins the subject parcel or is contiguous to the City 's boundary. The City has acted on its own motion to annex the two additional pieces of right-of-way on SW Beef Bend Road. The Citypublished public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 20, 2008 & March 27, 2008) prior to the April 8, 2008, public hearing and posted the hearing notice at four public places on February 22, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the vicinity of the proposed territory off SW Bull Mountain Road. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that this report is available 15 days before the hearing (March 24, 2008 for an April 8, 2008, hearing). Staff has determined that the applicable METRO regulations (Metro Code 3.09.040(h) &(d)) have been met based on the following findings: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider CROSS ANNEXAMN ZCA2008-00001 PAGE 7 OF 10 agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2006). (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable goals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UP-AA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the as ton County Enhanced Sheriff s Patrol bistrict, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place April 8, 2008. If the Council adopts findings to approve ZCA2008- 00001, the effective date of the annexation will be 30 days later on May 8, 2008. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the proposed annexation complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2006). The proposed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary parry; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that `so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes CROSS ANNEXATION ZCA2008-00001 PAGE 8 OF 10 contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comsive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Mn. Pla5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006), which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 18.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code (Chapter 18 of the City Municipal Code) will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Building Division reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation, but did not comment. However, the Division made comments during the County land use review, indicating that the subject property was required to annex into the City to receive urban services that are inside and maintained by the City. The City Arborist reviewed the proposal and indicates there were several trees on site (as of the most recent aerial photo taken in July 2007) that have been recently removed. The City Arborist makes note that removing trees prior to being annexed into the City and with the 'intention of developing is not consistent with the City 's tree code, which favors retention over removal wherever possible. RESPONSE: According to the County decision, the developer had propposed to remove three trees and then retain trees where possible during the building phase. The County planner who reviewed the land use application indicated that the County recommended the retention o the trees while recognizing the developer would likely remove them. In addition, the trees removed so far were removed to provide access to the site. The other trees on site will likely be removed to accommodate the new homes. Because the subject parcel received County land use approval prior to annexing, the proposed development will CROSS ANNEXATION ZCA2008-00001 PAGE 9 OF 10 f comply with the conditions of the County approval with regard to trees. As previously discussed, this land use approval was issued almost a year ago and it is not the City's current policy to allow developers to apply for County land use approval prior to annexing if the necessary service connections are within the City's boundaries and maintained by the City. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and noted that construction plans for the subject site have been submitted for review at CWS under Site Development Project # 9197. CWS notes that the plans have not been approved and have been returned to the applicant with redline comments. In addition, when the parcel is annexed to the City as a condition of utilizing the City maintained storm system and connection to City water, the City may assume responsibility for reviewing construction plans for all aspects of the project that would normally fall under City purview if the parcel were already within the City limits. Included is a list of applicable CWS standards regarding Sanitary Sewer, Storm Drainage and Water Quality, Sensitive Area and Erosion Control. RESPONSE: The applicant is required to obtain a Public Facility Improvement Permit with the City of Tigard Development Review Engineering Division and shall submit construction plans for the City's review and approval. SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 200$ As of the date of this report, staff has not received any written comments. 3/24/2008 REPA BY roily Eng DATE Assistant Planner ems. 3/24/2008 REVIEWED BY: Richard Bewe sd rff DATE Planning Ma ager CROSS ANNEXATION ZCA2008-00001 PAGE 10 OF 10 . . . City Center Development Agency City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the April 8, 2008 meeting of the City Center Development Agency to consider the following Agenda Item: CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY - FISCAL YEAR 2008-2009 STATE OF OREGON) County of Washington ) ss. Ciry-af Tigard I, 6~,J, - 17 &-q , 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 Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of Consideration of City Center Development Agency Item on April 8, 2008. A copy of sa' Notice eing hereto attached and by reference made a part hereof, on the day of , 20 Signature of Person ho Performed Notification Subscribed and sworn .(at-.+SrnTed) before me this 15~- day of )20 . OFFICIAL SEAL JILL M BYARS Signature of Notary 136blic for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 TIGARD CITY CENTER DEVELOPUC, NT AGENCY'` . My ETING APRIL 8, 2008', TIGARD CITY HALL 1 _ 13125:SNV FLk L BLVD'. TIGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it on the April 8, 2008 City Council and City Center Development Agency Meeting Agenda the following item for consideration: CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY - FISCAL YEAR 2008-2009 Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Lager by calling 503-639-4171, ext. 2419. Deputy City Recorder Date: S Post: Tigard City Hall Tigard Permit Center Tigard Public Library Inc City Center Development Agency City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the April 8, 2008 meeting of the City Center Development Agency to consider the following Agenda Item: CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY - FISCAL YEAR 2008-2009 STATE OF OREGON) County of Washington) ss. City of Tigard ) LIZ... A being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/ organizations by fax : Newsroom, The Oregonian Newsroom, Tigard Times and the following people/organizations by e-mail: Editor, The Regal Courier (Editor@theregalcourier.com) A copy of said Notice being beret attached and by reference made a part hereof, on the 5-~- day of 20 Signature of Person who Performed Notification Subscribed and sworn ( r~ before me this /_54- day of KI J 2001 OFFICIAL SEAL JILL M BYARS j/ NOTARY PUBLIC-OREGON COMMISSION NO. 381793 Signature of Notary Pu c for Oregon MY COMMISSION EXPIRES JUNE 14, 2008 1:IGARD CITY CENTER DEVELOPMENT AGENCY MEETIN(; APRIL 8, 2006- TI( :\RD CITY HALL 13125 `SVI I TALL B, VD. T IGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it on the April 8, 2008 City Council and City Center Development Agency Meeting Agenda the following item for consideration: CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY - FISCAL YEAR 2008-2009 Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419. Deputy City Recorder Date: Post: Tigard City Hall Tigard Permit Center Tigard Public Library 03/31/2008 15:22 FAX 503 639 1471 CITY OF TIGARD 0 001 TX REPORT xc xe~e~xc~sxe~~axc~cxc~c~esexc~x~~~xxcxc TRANSMISSION OK TX/RX NO 0094 CONNECTION TEL 503 546 0724 SUBADDRESS CONNECTION ID TT NEWSROOM ST. TIME 03/31 15:20 USAGE T 01'41 PGS. SENT 1 RESULT OK a tFv - t r 3 ' NOTICE The City Center Development Agency (CCDA) will have before it on the April 8, 2008 City Council and City Center Development Agency Meeting Agenda the following item for consideration: CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY - FISCAL YEAR 2008-2009 Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban ._I-- +-I,- ,a nrPl.-.r.w.Pnt nnil rPr1PrPlnnmPnt of Amuntmirn Tioarrl And nnggihly other 03/31/2008 15:23 FAX 503 639 1471 CITY OF TIGARD f~001 >k~>k>k>kx~~c~~>k>k>K~~e~~~>kx~~xxc TX REPORT ~~~xc~~c~cxcsx>k~xc~~axea~>k~xcucxc TRANSMISSION OK TX/RX NO 0095 CONNECTION TEL 503 968 6061 SUBADDRESS CONNECTION ID OREGONIAN ST. TIME 03/31 15:23 USAGE T 00'42 PGS. SENT 1 RESULT OK IiI'~• EI t~ 1 1 E F E. L ` i I ,t i ■ d I pt j i s # I N 4M af,_ ...i a HE [ 7u , 3 Er s ~ tJ ~ i4 NOTICE The City Center Development Agency (CCDA) will have before it on the April 8, 2008 City Council and City Center Development Agency Meeting Agenda the following item for consideration: CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY - FISCAL YEAR 2008-2009 Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban "lon r1PC1t,,,Pr1 to 47af111tnte the rlP.xrelnnmetit ntnrl rerleveinnment of downtown Tinard and possibly other Carol Krager From: Carol Krager Sent: Monday, March 31, 2008 4:23 PM To: 'Editor@theregalcourier.com' Subject: Tigard City Center Development Agency Meeting on April 8 Attachments: Carol Krager.vcf; TIGARD CCDA MEETING APRIL 8, 2008.pdf The City Center Development Agency will be meeting during the Council meeting of April 8th. A notice is attached. Please call if you have any questions. City of Tigard Carol Krager Deputy City Recorder 1,3125 SW Hall Blvd. Tigard, FOR 97223 ! (503) 718-2419 carolk.etigard-or. gov _ 1 Agenda Item No. 3, 1 C,. Meeting of ~ "A,,i aOpR V City of Tigard Tigard Business Meeting - Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE: April 8, 2008 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 Track 1 STUDY SESSION Mayor Dirksen called the meeting to order at 6:30 p.m. ➢ ADMINISTRATIVE ITEMS o Council was reminded of the Tigard Council/Intergovernmental Water Board/ Lake Oswego City Council meeting on April 15, 7 p.m. at the City of Lake Oswego City Hall. There will be no workshop meeting at Tigard Town Hall that night. o Councilor Buehner requested the Public Hearing on the Tree Code (Appeal of the Director's Interpretation) be continued to a later date. Time is available on May 13 or May 27. City Attorney Ramis advised this hearing was almost legislative in nature because it would be applicable to future applications. After discussion, Council members agreed to continue the hearing to May 13, 2008. o Council was reminded of the Senior Center Ribbon Cutting - Wednesday, April 23, from 11:30 to 12:30. Mayor Dirksen plans to attend and Councilor Sherwood said she would try to attend. o Council was reminded of the April 29 Council 5`h Tuesday meeting. The meeting will be held in the Public Works Water Auditorium, 7-9 p.m. Councilor Sherwood and Councilor Wilson advised they would attend. o Council training session with Joe Hertzberg is scheduled for Saturday, May 17 from 9 a.m. -12 p.m. Track 2 ➢ JOINT MEETING WITH INTERGOVERNMENTAL WATER BOARD Intergovernmental Water Board Members present: Patrick Carroll, Chair and Durham Representative Gretchen Buehner, Tigard Representative Sydney Sherwood, Tigard Alternate TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 13 I:\ADM\Cathy\CCM\2008\080408 fmal.doc Dick Winn, Vice Chair and King City Representative Julie Russell, Tigard Water District Representative Ken Henschel, Tigard Water District Alternate Bill Scheiderich, Member at Large Public Works Director Koellermeier introduced this item and advised tonight's meeting will focus on an update on the status of water sources. He referred to an additional memorandum sent to the City Council last Friday regarding some recent negotiations with some of Tigard's partners that would allow Tigard to elect to get out of the Tualatin Basin Water Supply Project with a year's grace period to buy back in if needed. Public Works Director Koellermeier reviewed a PowerPoint presentation entitled Water for Tomorrow: Selecting a Future Water Source for the Tigard Water Service Area This presentation is on file in the City Recorders office and outlined: o Future Water Source Options o Current Decisions to be Made o Tualatin Basin Water Supply Project Status Update o Tualatin Basin Water Supply Project Decision o Lake Oswego Expansion & Water Partnership Status Update o Lake Oswego Expansion & Water Partnership Decision o Willamette River Treatment & Transmission Project Status Update o Decision Calendar o Proposed Decision Criteria o Finished Water Quality o Taste and Appearance o Cost Assumptions o Cost Scenarios o Cost Summary o Rate Impact Assumptions o Rate Impact Scenarios o Rate Summary o Rate Impact Summary o Tigard Water Service Area Population and Water Demand Projections o Quantity to Meet 2050 Demand Projections o Next Step Decisions Discussion during the PowerPoint presentation included the following points: • Appears that Tigard will be able to opt out of the Tualatin Basin Water Supply project for a year. Mayor Dirksen asked if there was anything that could occur between now and one year that would radically change the course of the Tualatin Basin Water Supply update. Public Works Director Koellexmeier advised the potential decisions would be title transfers and if made during City of Tigard's absence, then the City would likely have to live with that decision. TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 13 I:\ADM\Cathy\CCM\2008\080408 final.doc • Developing a partnership agreement with Lake Oswego is progressing; no fatal flaws identified thus far. The decision to consider the final agreement for Tigard and Lake Oswego is slated for this summer. • Water rights for the Willamette have been extended and are in the process of being transferred from the Tualatin Valley Water District to the Willamette River Water Coalition. In that water right Tigard is identified as the holder of 20 mgd. Sherwood, as they construct their Willamette transmission line, continues to talk about an opportunity to participate to upsize some piping that would go from Wilsonville to Sherwood. The incremental cost to build the next size up is small and this would give another 20 mgd of capacity. • The decision calendar was reviewed for the Tigard Water Service Area Source from now through the end of the year. A copy of the calendar is on file in the City Recorder's office. • Continuation of the relationship with the City of Portland with regard to the purchase of water. Rates are anticipated to increase 15% this year. This was a "true up" in the 10-year contract which can occur twice - this is the second year. • The four decision criteria for selection of an option identified by staff are: o Finished water quality o Taste and appearance o Cost and rates o Quantity: how far into the future will identified sources meet our needs? • All sources with regard to water quality are essentially equal when working through the scoring to select a water source. • Cost assumptions were reviewed. • A 50-year outlook regarding cost scenarios were reviewed. At 25 years Portland represents the lowest cost but at the 50-year point, Portland and the Willamette River option become the most expensive options. Lake Oswego Expansion/ Water Partnership has the lowest 50-year cost. • During review of the rate impact assumptions, Public Works Director Koellermeier advised these are illustrative since there all kinds of choices that can be made that will affect the rate. The assumptions were identified to allow us to compare the source options. • Rate impact scenarios were reviewed (chart). Using the scenario identified, Portland will become the source with the most expensive rate by 2032 because of debt payoff for other options. By 2032, Lake Oswego Expansion/Water Partnership has the lowest cumulative rate increase. Financing and growth assumptions can alter rates. • Water quantity to meet 2050 demand projections (85,000 population) was reviewed. • The only source that meets our needs 100%, without having to combine with another source, would be the Willamette River. We would need a combination of at least two of any of the partnerships to provide 100% of demand needs projected by 2050. Public Works Director Koellermeier qualified that the Willamette River numbers presented are somewhat distorted because they were originally generated on the concept that we would build a full 20 mgd right now without a partner. If TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 13 L\ADM\Cathy\CCM\2008\080408 fmal.doc we go in a partnership mode to the Willamette, we would build this latex and smaller. Therefore, it is difficult model a future Willamette water option because of the variables. • The upcoming decisions include: o Whether to remain in the Tualatin Basin Water Supply Project. o Whether to execute an IGA which would commit Tigard to the Lake Oswego Expansion/Water Partnership Public Works Director Koellermeier advised that the Intergovernmental Water Board discussed the information he just presented earlier this evening. Discussion after the PowerPoint presentation including the following: • Councilor Wilson asked, at what point in the population projections would we outgrow the Lake Oswego source? Public Works Director Koellermeier said while there is no definitive answer, he was comfortable that this would be adequate through 2032. The growth area is still the Bull Mountain area and how that "plays out" will affect the adequacy of water sources if supplied by the Tigard system. Future needs related to growth and usage per capita were discussed. If there should be excess water, the partnership could sell the water to other jurisdictions. • Potential growth patterns in this region were explored during the discussion. • In response to a question from Councilor Wilson, regarding whether we are in danger of gearing up now with all the sources to find we have too much supply, Public Works Director Koellermeier said through analysis sponsored by the Water Consortium, the conclusion is that the region has enough water. The problem is we need the piping capacity to where it's needed. • The amount of water available from current sources was discussed. The contract with the City of Portland was discussed now and into the future and whether this would be viable long term given the needs Portland will have for their jurisdiction. • In response to IWB Board Member Russell, Public Works Director Koellermeier advised the decision will be to select one of the identified options. If the Willamette option is not selected, we will need to deal with identifying another source in our future between 2030 and 2050, depending on how growth occurs. At this time, we can only afford one option. • There was discussion on events that could impact the assumptions as presented during the presentation. • There was discussion about the need to give the Tualatin Basin Partners an answer regarding whether Tigard will participate in the Hagg Dam Raise project by June 1 as they have requested. Mayor Dirksen suggested we could give them a tentative answer and let them know our intent. IWB Board Member Scheiderich suggested that we wait until after April 22 decision regarding the title transfer of governance, which would affect Tigard, before we release the Tualatin Basin option. He added that none of the other partners have yet committed by signing the fourth amendment. After discussion, Public Works Director Koellermeier suggested that after the end of this month and before June 1, some of the other partners will be TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of 13 1:\ADM\Cathy\CCM\2008\080408 final.doc starting to make some decisions. Also, staff and the attorneys will have been able to craft language that would amend the fourth amendment language to allow Tigard to opt out for a year. • It is anticipated that the Lake Oswego option will be decided by this summer; however, it might take longer. Timing considerations were discussed. The Lake Oswego contract is mutually beneficial and if the decision on the contract is delayed until after the November elections with a potential change in the majority of the Lake Oswego City Council, additional time will be needed to educate and bring new City Council members up to date on the value of a Lake Oswego/Tigard partnership. • Mayor Dirksen asked if the City Council and IWB members present were comfortable with the path "we're on right now." IWB Chair Carroll asked about the proposed Lake Oswego/Tigard partnership agreement and in response, City Attorney Ramis advised that once signed by the current City Council members of the two cities, the partnership agreement would be binding. • The consequences of delay on decisions were discussed with regard to the Portland contract and whether we would need an extension. Mayor Dirksen announced the Executive Session: • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:22 p.m. under ORS 192.660(2) (h), to discuss pending litigation with legal counsel. Executive Session concluded at 7:28 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council, Local Contract Review Board, and City Center Development Agency Meeting to order at 7:36:11 PM 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: Councilor Buehner will give report at end of agenda 1.5 Call to Council and Staff for Non-Agenda Items: None TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 82 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page S of 13 L\ADM\Cathy\CCM\2008\080408 fmal.doc 7:37:12 PM 2. PROCLAMATION: ARBOR DAY - APRIL 10, 2008 • Mayor Dirksen proclaimed April 20, 2008, as Arbor Day. • The urban forest in Tigard is important to all the citizens in Tigard, noted Mayor Dirksen. When settlers first came to the Tigard area about 150 years ago, many cut down a lot of trees to farm the land. Since Tigard as become less agricultural and is suburban residential area, the tree canopy has begun to come back. The City is committed toward restoration of the canopy that once existed in the area and toward that end the City has become a Tree City USA. 7:40:15 PM 3. PRESENT TREE STEWARDSHIP AWARDS • Assistant Planner Daniels presented the staff report describing the significant environmental restoration efforts by Costco Corporation and Cascade Education Corps. A copy of the staff report is on file in the City Recorder's office. Also present from staff was Associate Planner/Arborist Prager and Public Works Surface Water Quality/Volunteer Coordinator Staedter. A PowerPoint slide presentation was reviewed by staff and outlines the highlights of the information shared with the City Council. This slide presentation is on file in the City Recorder's office. The Stewardship awards were presented to representatives from Costco and Cascade Education Corps, which is a group of Tigard High School students who dedicate their time to community service based learning and environmental restoration. • Councilor Wilson recalled he was on the Planning Commission when the Costco application for development was approved. He noted appreciation of Costco's efforts to replace the trees and is happy to see attention being given to qualitative results. 4. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Megan Foltz presented an update on activities by students at Tigard High. A copy of her report is on file in the City Recorder's office. 7:58:55 PM Tualatin Valley Fire & Rescue Captain Chris Dawson presented the quarterly report for the Tigard area. He spoke of the groundbreaking celebration recently held for Fire Station 50 and thanked Mayor Dirksen and Councilor Buehner for attending this event. He reported on recent activities of the TVF&R staff Councilor Sherwood commented on the recent training exercise that she and Mayor Dirksen participated in and noted she gained new respect for the professional services provided by TVF&R personnel. Mayor Dirksen added that TVF&R standards are high and reported the district consistently ranks in the top 10 among all districts in the United States. TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 6 of 13 I:\ADM\Cathy\CCM\2008\080408 fmal.doc • Citizen Communication - Sign Up Sheet None • Follow-up to Previous Citizen Communication Assistant City Manager Newton advised that follow up information regarding a previous citizen communication from Mr. John Kearney will be sent to the City Council in the Friday mail packet. Mayor Dirksen reviewed the following Consent Agenda items: 5. CONSENT AGENDA: 5.1 Approve City Council Minutes for December 18, 2007, and January 4 and February 5, 2008. 5.2 Receive and File: a. Council Calendar b. Tentative Agenda 5.3 Approve Budget Amendment No. 13 to the FY 2008-09 Budget to Increase Appropriations in the Human Resources Budget within the Policy and Administration Program to Reflect the Costs Associated with a City-wide Organizational Assessment - Resolution No. 08- 5.4 Local Contract Review Board a. Award Contract Amendment for Design Services for Phase 3 (Burnham Street Improvements) to the Tigard Downtown Comprehensive Streetscape Project 8:08:44 V\I Motion by Councilor Buehner, seconded by Councilor Wilson, to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes 6. QUASI-JUDICIAL PUBLIC HEARING - CROSS ANNEXATION (ZCA 2008- 00001) REQUEST: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road and right-of-way on SW Beef Bend Road for a total of 1.33 acre into the City of Tigard. The applicant received land use approval from Washington County on March 20, 2007 to develop the parcel into 3 lots (Washington County Project # L060553). Because the available storm sewer and water services are within the City of Tigard and maintained by the City, the property must be annexed. The two owners of the subject parcel have consented to the annexation. The parcel is contiguous to the City on three sides and the property across the street is in King City. Portions of right-of-way TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of 13 I:\ADM\Cathy\CCM\2008\080408 fmal.doc that extend beyond the subject parcel's frontage have been included with this proposal at the City's request. All right-of-way included in this proposal is contiguous to the City limits. LOCATION: 12615 SW Beef Bend Road; Washington County Tax Map (WCTM) 2S109DD, Tax Lot 200. Proposed additional right-of-way is located on WCTM 2S109DD and 2S110CB. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre. The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. a. Mayor Dirksen opened the public hearing b. City Attorney Ramis reviewed the procedures for the hearing. 8:1228 I'M C. Declarations or Challenges: Mayor Dirksen posed the following questions and the responses follow each of the questions: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Councilor Buehner advised she was familiar with the site and has met the owners. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? There were no challenges from the audience. TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 89 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 8 of 13 L\ADM\Cathy\CCM\2008\080408 fmal.doc d. Staff Report: Community Development Department Associate Planner Eng presented the staff report, which is on file in the City Recorder's office. In response to a question from Mayor Dirksen, Associate Planner Eng advised that development, whether it should occur in the City or the County would be similar with regard to land use requirements. Annexation of right of way is being recommended because it is near the annexation site. 8:18?6 P\4 e. Public Testimony: None f. Staff Recommendation: Approval of ZCA 2008-00001 by adoption of the proposed ordinance, which included the parcel of land, adjoining right of way and two additional pieces of right of way on SW Beef Bend Road for a total of 1.33 acres of land. g. Mayor Dirksen closed the public hearing. h. Council Discussion and Consideration: Ordinance No. 08-04 Motion by Councilor Sherwood, seconded by Councilor Buehner, to adopt Ordinance No. 08-04. ORDINANCE NO. 08-04 - AN ORDINANCE ANNEXING 1.33 ACRES APPROVING THE CROSS ANNEXATION (ZCA2008-00001) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRIACT AND WASHINGTON COUNT URBAN ROADS MAINTENANCE DISTRICT The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes 7. FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (CHERRY DRIVE) a. Mayor Dirksen opened the public hearing. b. Declarations or Challenges: None TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 of 13 l:\ADM\Cathy\CCM\2008\080408 final.doc C. Staff Report: Department City Engineer Duenas presented the staff report; highlights are contained on the PowerPoint slide presentation which is on file in the City Recorder's office. d. Public Testimony: None e. Staff Recommendation: City Engineer Duenas recommended adoption of the proposed resolution. f. Council Discussion: Mayor Dirksen noted he was pleased to see this project completed and noted that it had the potential of being a very difficult one. Councilor Wilson added that early projects in the reimbursement program were easier to construct. He noted staff is doing a better job of communicating to residents within reimbursement districts about the program. g. Mayor Dirksen closed the public hearing. h. Council Consideration: Resolution No. 08-19 828:10 PM Motion by Councilor Buehner, seconded by Councilor Wilson, to adopt Resolution No. 08-19. The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Recess City Council Meeting (Motion by Council) Convene City Center Development Agency (CCDA) Meeting: Approximately 8:50 p.m. • Call City Center Development Agency to Order: Chair Dirksen • Roll Call: Chair and Board Members of City Center Development Agency Name Present Absent Chair Dirksen ✓ Board Member Buchner ✓ Board Member Sherwood ✓ Board Member Wilson ✓ Board Member Woodruff ✓ TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 10 of 13 1:\ADM\Cathy\CCM\2008\080408 fmal.doc 8:31:21 PA4 8. CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY - FISCAL YEAR 2008-2009 a. Staff Report Senior Planner Nachbar presented the staff report and PowerPoint presentation. A copy of the presentation and staff report on are file in the City Recorder Comments during the presentation included the following: - Challenges ahead for land acquisition and how to pay for them in the near future. - Metro is supportive and excited to see the downtown plans move forward. Transit-oriented dollars might be available from Metro. - Potential development of sites within the area and current status of contacts with property owners were discussed briefly with regard to their business plans in the future and to get a sense of whether they are interested in working with the City. 8:56:00 PNI City Center Advisory Commission Chair Alice Ellis Gaut reported on the CCAC support of the Downtown Implementation Strategy and its recommendation to the City Center Development Agency for approval. Discussion followed on • Potential housing development what are the trends, what are the needs, • Market realities that will direct development, • The need to keep some kind of picture before decision makers and community, • A commuter gateway project along the track at the station platform would showcase/advertise events and give neighboring commuters a view of what they could expect to see in the downtown, • Public improvements for circulation and amenities to support development, • Research resources available and how to prepare so resources will be awarded to the project, • Communication is essential with downtown businesses and property owners to promote good relationships and avoid misunderstandings, • Suggestion for an Ash Street bike/pedestrian crossing, although approvals are often as difficult as if it were going to be developed as a street (permissions/safety), • Absentee landlords represent a challenge, • A strong relocation program to assist businesses that end up moving is needed. Motion by Board Member Sherwood, seconded by Board Member Wilson, to adopt the Fiscal Year 2008-2009 Downtown Implementation Strategy. TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 11 of 13 1:\ADM\Cathy\CCM\2008\080408 final.doc The motion was approved by a unanimous vote of City Center Development Agency Board Members present: Chair Dirksen Yes Board Member Buchner Yes Board Member Wilson Yes Board Member Sherwood Yes City Center Development Agency Meeting adjourned at 9:15:49 PM The Tigard City Council meeting reconvened. 9. COUNCIL LIAISON REPORTS Councilor Buchner reported on Monday's meeting regarding the urban reserves. She noted their were only eight representatives: five from cities and three County commissioners. Mayor Dirksen reported there was a scheduling conflict with this meeting and a Washington County Coordinating Committee meeting. There were two issues on the urban reserves meeting agenda: 1. Adopting the bylaws for the process. Commissioner Brian recommended that the group should add a voting member from the rural interests and also from special districts, i.e., Clean Water Services. Councilor Buchner said she commented that the County Commissioners are the leadership of Clean Water Services. There was an amendment proposed to make CWS ex-officio members, which failed on a 4-4 tie vote. The Bylaws were approved as proposed by Chair Brian on a 5-3 vote, with Mayor Drake voting with the Commissioners. This means that CWS will be voting member and there will also be a rural representative voting member. 2. There was a presentation by the Metro Council representative from Clackamas County on the performance-based growth management principles. Councilor Buehner noted the theory was good but she did not see how this would address the residential and employment areas were separate. Councilor Buchner noted there was a comment that they were very impressed how Tigard is handling its downtown with more density. There were some concerns from some smaller cities that they do not want to have more density in their downtown areas. As each City goes through it periodic review, Metro will take the results and include these in the modeling for the guiding principles. 10. NON-AGENDA ITEMS: None 11. EXECUTIVE SESSION: Not held. TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 12 of 13 L\ADM\Cathy\CCM\2008\080408 fmal.doc 9:21:03 Pn1 12. ADJOURNMENT Motion by Councilor Wilson, seconded by Councilor Sherwood, to adjourn. The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes ~a~~q ~Z2U Catherine Wheatley, City Recorder Attest: Mayor, ity of Tigard Date: TIGARD CITY COUNCIL/LCRB MINUTES/CCDA - APRIL 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 13 of 13 1:\ADM\Cathy\CCM\2008\080408 fmal.doc Water for Tomorrow Selecting a Future Water Source for the Tigard Water Service Area Joint Tigard City Council/ Intergovernmental Water Board Briefing April 8, 2008 Future Water Source Options • Tualatin Basin Water Supply Project • Lake Oswego Expansion & Water Partnership • Willamette River Treatment & Transmission Project • Portland Water Purchase Agreement Current Decisions • Whether to remain in the Tualatin Basin Water Supply Project Whether to execute ah IGA which would commit Tigard to the Lake Oswego Expansion &Water Partnership Tualatin Basin Water Supply Project Status Update • Partners considering title transfer • Governance model completed TVWD commits to Tualatin Basin Water .supply Project. . • Project costs updated j _ cif Tualatin Basin Water Supply Project Decision • Partners ask for decision by June 1, 2008 • Decision in the form of a Fourth Amendment to the joint Funding Agreement Lake Oswego Expansion & Water Partnership Status Update • MOU to pursue partnership completed • Lake Oswego and Tigard work to develop agreement, • Attorney Clark Balfour retained to assist with agreement - Outline of the agreement to be 'reviewed'. at j oint meeting on April 15 Lake Oswego Expansion & Water Partnership Decision • Decision to consider final agreement slated for summer 2008 ;i Willamette River Treatment & Transmission Project Status Update • TVWD delays Willamette expansion • Water rights extended to 2047 • Sherwood to construct transmission line • May be an opportunity ;Ito participate in upsizing Sherwood transmission. line Decision Calendar Tigard Water Service Area Source Decision Calendar 2008sdWdeofmilecfone,relaWfopossiblefdum (rvUCrm(~mojnr Or Tip& Wale, S-iwA n 7halaftrs Basfu lFirfeeS(~[y Pgrdtcaabfp __----__:7s"u11iCffi❑,~®®~®®~.~''+~~~ r fx F190a I , t r r,P.pnly N A n4nud .Mb FvNvY aMVVn l . _ _ 'FL ~~i rea mnd a rcsa _ _ .FN1 COr/M^+A Tmn~~6 Pb v~69 Man. {•.MfC FUIUm PerWa(ulkn. I i. • r: In4r Osu oPorhtrnGll ..M.v coTmae nx_o u ...I. r. • • j- q "e cawaw.uon i - i _ ' . M9M rdwr Cuakarutlgr ' , ~ M; ~ . corcm,wwnn~, i . c~w~~.r. w.e. cw...d e.la.cn c.ww ; ; i I . . F-11 ad Gmhw i . Po-var~o Nuaw~coa eiawstva lon Rne iwaaxa ! ~ r PptlarU aEOp1a z008 Rafe r 1 ~~j , . Wl hs Oanw'Gr.OIX M+i 1'Pa~ I [•:J If9flmnche Rhw Pon eas i { r &tt+woaO ANM`.vHWC b. VaR:cp?_M , ••Ma. , ; , , Odr. CbaT1P'4 xu Yq.rvi BUMwd Ydepwm.vW .p.m~nd IWOnMWam~w9YMMw evvm immlCtlM.WAW4•Pr.mm~. raen Orwv, ;LVro.amlttiTU.WeF Vary wale WVkl (Wnw.Nr Mk~v. MUtT Wi.v YH:MV~WViy LO. N'MW O.++OV T`AI..'M1ri<Wmu bnmr M.r NTNO. wwmetn Mw Wb.CUfNm (6YwM T.+v4 iwbLL~.& wvC.nro X~Tw6m Vdn wYw WmW Proposed Decision Criteria • Finished Water Quality Taste and Appearance • Cost and Rates • Quantity = How far into the future will the source meet our 'needs? Finished Water Quality • All future water source options are monitored for nearly 70 different contaminants • All options meet and/pr exceed Federal and State drinking water standards • Treated water sources ;are best equipped to. handle future testing and treatment requirements Taste and Appearance • Next to quality, citizens ranked these as important criteria when, selecting a water source • Filtered and treated water sources are best equipped to manage taste and appearance issues c it Cost Assumptions • Assumes 2016 service date for all new sources (for comparability) • Includes any "buy-in" costs and any connections to independent facilities • Assumes aquifer storage and recovery will provide 6 million gallons per day to meet peak demands Cost Assumptions • Calculates total present value of capital and operating costs for all scenarios - 25-year and 50-year horizons considered - Discount rate of 7 percent is most illustrative of customer impacts Rate impacts and SDC components are estimated for all scenarios Cost Scenarios Tigard - 7% Discount Rate ■ 25-Year Outlook L7 50-Year Outlook $20,000,000 $18,583,719 $18,000,000 $16,608,099 $16,630,663 $16,000,000 $14,950,075 $14,000,000 $13,004,240 U $11,696,068 $11,820,985 $12,000,000 Q $10,000,000 - _ ~ $8,239,229 $8,000,000 w $6,000,000 $4,000,000 $2,000,000 TBWSP Willametle (w/o cost Lake Oswego (38 mgd) Portland (with gravity sharing partners) connection) Cost Summary • Portland Water Purchase Agreement has the lowest 25-year cost • Lake Oswego. Expansion & Water Partnership has the lowest '50-year cost Rate Impact Assumptions • Isolate supply costs and potential SDC revenue stream based solely on joint supply costs : • Did not consider other utility capital costs lute impacts are smoothed Rate Impact Assumptions • Costs escalate with general inflation Revenues increase with growth • Supply SDC stream assumed to be fully available to pay debt service and meet coverage requirements • SDC based on capital cost per gallon of capacity and projected demand growth • SDC escalated annually with construction cost inflation ~i Rate Impact Scenarios FYE 2007 [a] 2008 [b] 2009 2010 2011 2012 2013 2014 2015 2032 a. Annual Rate Impact. 0:00%I 0.00% 12.00% 12.00% 12.00% 12.00% 15:00% 15.00% 15.00% 0.00% 3 Cumulative Rate Impact 0.00%; 0.00% 1100% 25.44% 40.49% 57.35% 80.95% 108.10% 139.31% 97.02% Aa E- Average Customer BM [c] $ 24.83 $ 26.57 $ 29.76° $ 3333. $ 3733 $ 41.81 $ 48.08 $ 55.29 $ 63.58 $ 52.34 Annual Rate Impact 0.00% 0.00% 1500% 15.00% 15.00% 20:00% 20.00% 15.00% 10.00% 0.00% e Cumulative Rate Impact 0.00%1 0.00% 15.00% 32.25% 52.09% 82.50% 119.01% 151:86% .177.04% : 92.98% 3 Average Customer Bill [c] $ 24:83 . $ 26.57 $ 30.55 $ 35.14 $ 40.41 $ 48.49 $ 58.19 $ 66.91 $ 73.60. 51.27 o Annual Rate Impact 0:00% 0.00% 12.00% 15.00% 15.00%. 8.00% 700% 6.00% 6.00% 0.05% Cumulative Rate Impact 0:00% 0:00% 12.00% 28.80% 48:12% 59.97% 71:17% 81.44% 92.32% 88.78% Average Customer; Bill [c] 24.83 26.57 $ 2976 $ 34.22 $ 39.35 $ 42.50 $ 45.48 $ 48.20- $ 51.10 $ 50.16 b Annual Rate Impact 0.00%? 0:000/o . 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5:00% 3.73% a Ciimulative:Rate Impact . 0.00%; . 0.00% 5:00% 10.25% 15.76% 21.55% 27.63% . 34:01% 40.71% 197.95% a.. ; 'Average. Customer: Bill ,[c] $ 24.83 $ 26.57 $ 27.90 $ . 29.29 $ 30.76 $ 32.291-$ 33.91 $ 35.60 $ 3738. $ 79.16 [a] A# FYE 2007. rate increase is on top of 7% increase already adopted by City for this year: Both increases included in average customer bill - Lb]'Ah FYE 2008 rate; increase is on top. of 7%increase.ahe6dy adopted by City for this year. Both increases ineIn ed in average customer bill [c] Based on assumed monthly.acage of,10 ccf Rate"Summary Summary of Rates -s.-TBWSP -e-Willamette A Lake Oswego -X-Portland $75 - $65 d $55 $35 _ $25 ~yo ~o ~yo ~yo ~o ~o ~yo ~o ~o ~yo ~yo ~o ~o ~yo ~o ~o ~yo ~yo ~yo ~yo ~o ~yo ~yo ~o ~yo Year Rate Impact Summary • Lake Oswego Expansion & Water Partnership has the lowest cumulative rate increase (89%) by 2032 • Portland Water Purchase Agreement has the highest cumulative rate increase (198%) by 2032 • Financing and growth assumptions can .alter rates Tigard Water Service Area Population UBUCWORM and Water Demand Projections 90000 - _ - _ - - - 25 0 E, 850001 80000 20 75000 70000 15 Z h 65000 W a 60000 - A- -A 10 fl a~ 55000 W a 50000 1 ! 5 45000 40000 - ~--j-~ -T--~-- - -0 2000 2001 2002 2003 2004 2005 2006 2010 2015 2020 2025 2030 2040 2050 YEAR Peak Day Demand (mgd) Popuiation Quantity to Meet 2050 Demand Projections (In conjunction with Aquifer Storage and Recovery) Without any supplemental sources: - Willamette Raver Treatment & Transmission Project Quantity to Meet 2050 Demand Projections (In conjunction with Aquifer Storage and Recovery) Combination of at least.2 of the following sources: Tualatin Basin-Water Supply Project Portland Water Purchase Agreement Lake Oswego Expansion & Water Partnership - Willamette River Treatnie'at & Transmission Project: Next Step Decisions • Whether to remain in the Tualatin Basin Water Supply Project • Whether to execute an IGA Which would commit Tigard to the Lake Oswego Expansion & Water Partnership :I Questions or Comments: Dennis Koellermeier City of Tigard Public Works Director 503.639.4171 U. dentn*s@tigard-6r.gov Tigard Water Service Area Source Dec s on Calendar 008 scli€,'dide 1'eble lo p€Jtisibl fittare water tiolf#`t'( Y. br tJ£' o Q d it COT/IWB Meeting ~ April 9 bin Draft EIS Completed ~ may Consider 4th A r.endr Went to Joint Fundino Agreement ~ May 3i Title Trw isfer Governor-ce l GA ~ Jae Corlstructan Agreer ,ent Due j s C;CT/'rWSA Tra! nsmission Planning Starts August J`d'IC Future Pafticlsation ~ t~eaw. s~ Joint COT/PNB5 Meeting Affil 8 Joint LO/COT/lW Work Session ~ Apsta 15 Draft l GA Clue may Public lnvolvernent a a @hmug#t sepwalimr WB C onsiderat€an *June i1'y . ~ ~.:~=.<i pilot t iB Member -~onsier: w 3ldSy LCD Consideration Augya .i CC``" Consideration Land Use/Permitfing Clackamas River Pert-nit Extension Granted Dec, Portland Annoy€nces Succiaested 15".°: Pate 4rn rease a Jan. Portland Adopts 2008 ?date ~ May COT .`-gets r? rnand's (for next year) $ Dec. Sherwood AsK--d 13 RINC to Par t-,6 :ate a May 31 CO's H" C. i a of-"' Envimn-,'.e1i ta, rnpar sT itprrt~nt IGA tern nt ?'IWO c o` `ci 7: i. E. J WC _ Jci:j'.' tl'v'3t° . r'.r~'YYl:'ti S?C?rl t'y"~'.&£ r)F !!~i t C. °c:'. ".+Jix F:nf._ `i '..>i _"y. `'4:11s -.r:r ...a;.. t. ~ d. - : _t--. (3t7~ `"i .,J~i:;ti~.i'~i<`x.. i -t 3t [ ~'I:?c;^ \f~'~`..i''-'.'" t l € i', .:3 ;=t-. .fwi12'I i!":'r aa~: _4ti <.i;4 {,^t; Ci Lake l~S:": eCt~:i SA ~ Ti_?r 1i a _ r Seri+c- r +.f.'« 2 C. _ ~!;3 r,e+ a 'itvs-r. '_o=lit; 1 OF fiCF:3t'~_, Tuai..:,_'..n i s Y . _ lr'v.(r, „ : iic_v -.t.^-.r _ ~ _ .,.'":(~i"Vv `'Xi ;3 `l ,7 C}"ic: .u~`l,'.,. V_2., Y°~Icx._. ~.'~''>`rlr__. Agenda Item # "S"Si Dom. Meeting Date April 8, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Joint Meeting with the Intergovernmental Water Board ~j Prepared By: Dennis Koellermeier Dept Head Approval: - City Mgr Approval: i*f0C?_ ISSUE BEFORE THE COUNCIL No action is required. The Council is being asked to: ■ Hear and discuss an update on future water sources. ■ Receive and discuss a recommendation from the IWB on continued participation in the Tualatin Basin Water Supply Project. STAFF RECOMMENDATION Hear the update and discuss the P" recommendation and other water-related issues. KEY FACTS AND INFORMATION SUMMARY The IWB and City of Tigard have identified four potential future water sources: the Tualatin Basin Water Supply Project, the Lake Oswego Expansion and Water Partnership, the Willamette River Treatment and Transmission Improvement Project, and the purchase of City of Portland water. The City will need to make important decisions regarding the Tualatin Basin Water Supply Project and the Lake Oswego Expansion and Water Partnership in the near future, so tonight's discussion will center around these two options. Tualatin Basin Water Supply Project ■ The City of Tigard has been a partner in the Tualatin Water Supply Project since 2001. ■ The Fourth Amendment to the joint Funding Agreement for the Tualatin Basin Water Supply Project is the deciding point whereby the City is either obligated to participate in the cost to construct the project or the City voluntarily drops out of the project. ■ If Tigard chooses not to participate in the project, the cost currently allocated to Tigard will be distributed among the other partners. The partners are anxious to learn Tigard's decision as it may affect their cost share in the project. ■ Project partners have requested Tigard make a decision on the Fourth Amendment by June 1, 2008. ■ At tonight's meeting, the BX B will discuss and give the Council its recommendation on the Fourth Amendment. ■ The amendment will come before the Council at a future meeting. Lake Oswego Expansion and Water Partnership ■ Staff, and representatives from the IWB, the Lake Oswego City Council and Tigard City Council have been working on an intergovernmental agreement in which Lake Oswego and Tigard develop a jointly owned water supply system. ■ A joint meeting of the IWB, and Lake Oswego and Tigard City Councils is scheduled for April 15. ■ At that meeting an outline of the IGA will be presented for discussion. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Goal # 6 - Make a decision on Tigard's long-range water source(s). ATTACHMENT LIST 1. Draft Fourth Amendment to the joint Funding Agreement for the Tualatin Basin Water Supply Project FISCAL NOTES This agenda item is informational and does not commit the City to any expenditures. Cost estimates for each of the future water sources are still being developed. Attachment 1 DRAFT Draft FOURTH AMENDMENT TO JOINT FUNDING AGREEMENT FOR IWRM WATER SUPPLY FEASIBILITY STUDY (AKA AS TUALATIN BASIN WATER SUPPLY PROJECT) This Amendment, dated , 2008 is between Clean Water Services (District), formerly known as Unified Sewerage Agency, a county service district formed by authority of ORS 451, the Tualatin Valley Water District, a domestic water district formed by authority of ORS 264 and the cities of Hillsboro, Beaverton, and Tigard, all municipal corporations of the State of Oregon (Partners) and amends the parties' Joint Funding Agreement - IWRM Water Supply Feasibility Study dated June 20, 2001 as amended by the First Amendment dated November 14, 2002;the Second Amendment dated December 4, 2003 and the Third Amendment dated September 13, 2007 (collectively, JFA). RECITALS 1. The Partners previously entered into the JFA under which the Partners agreed to jointly. fund a study of the feasibility of alternative approaches to increase the water supply and . evaluate the "no action alternative." 2. The Partners now wish to amend the JFA to fund additional tasks to complete the Tualatin Basin Water Supply Project Draft and Final Planning Report/ Environmental Impact Statement, and Title Transfer Project (collectively, Project). The Water Supply Feasibility Study was completed in March 2004. .3. The Partners also wish to amend the JFA to develop a program management process to aid in the planning, coordination and implementation of the project. TERMS AND CONDITIONS 1. Section 2 of the JFA is hereby deleted in its entirety and replaced with the following: "2. Cost Share Each party's share of the.cost of the Project shall be proportional to the party's projected share of the additional water supply as of the date of this agreement, assuming 57,000 acre-feet of additional supply. The cost share for each party shall be equal to the percentage indicated in Exhibit B attached hereto and incorporated herein." 2. Pursuant to Section 4 of the JFA, the cities of Cornelius, Banks, North Plains, Sherwood, Forest Grove and Tualatin voluntarily terminated their rights and obligations under the JFA. City of Forest Grove will contract with Clean Water Services for a future buy-back option. Other Partners have assumed their rights and obligations as identified in Exhibit B. Page 1 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2-19-08 DRAFT Draft 3. From the effective date of this Amendment, each Partner shall compensate District for its share of the cost of the Project as provided in Exhibit B attached hereto and incorporated herein. A revised payment schedule with reallocation of each Partner's share is included in Exhibit B. Total payment to District for compensation for services provided during fiscal year 2008-2009 shall not exceed $ 21.6 million. 4. The first sentence of Section 4 of the JFA is hereby deleted and replaced with the following: "Except as otherwise indicated in this Section, no party may terminate its rights and obligations under this Agreement until the Project is completed or a total of $ has been expended, whichever occurs first." 5. Exhibit A of the JFA is hereby replaced with Exhibit A attached hereto and incorporated herein. 6. . This Amendment shall be effective upon signing of all parties. Except as amended herein, the JFA,shall..remain. in full force and effect. The above is hereby agreed-to by the Partners and executed by the duly authorized representatives below: CLEAN WATER SERVICES APPROVED AS TO FORM By: District General Counsel Date: TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM By: Attorney Date: CITY OF HILLSBORO APPROVED AS TO FORM By: Attorney Date: Page 2 of l 1 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2-19-05 DRAFT Draft CITY OF BEAVERTON APPROVED AS TO FORM By: Attorney Date: CITY OF TIGARD APPROVED AS TO FORM By: Attorney Date: Page 3 of I I Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2-19-08 DRAFT Draft Exhibit A SCOPE OF WORD AND PROJECT ELEMENTS TUALA TIN BASIN WATER SUPPL Y PROJECT and TUALATIN PROJECT TITLE TRANSFER The following is a review of the various project elements and phases outlined in the Fourth Amendment of the Joint-Funding Agreement for the Tualatin Basin Water Supply Project (TBWSP) and Tualatin Project Title Transfer: Tualatin Basin Water Supply Project Draft Planning Report/EIS Completion 1. Increase coordination between both the federal agencies and local project partners; review current PR/EIS documents for consistency with USACE's NEPA guidelines; and incorporate. the United States Army Corps of Engineers' (USACE's) roles and requirements into existing documents as USACE has agreed to be a co-lead federal agency with the Bureau of Reclamation on the TBWSP under'the National Environmental Policy Act's guidelines. . 2. Review comments received from Reclamation and Partners on the First Team Review Draft PR/EIS. Prepare Second Team Review Draft PR/EIS using revisions from the first Team Review Draft PR/EIS. Prepare Second Team Review Draft PR/EIS for review by both co-leads. 3. Review and revise the Fish and Wildlife Coordination Act Report after USFWS finishes its review of the initial report (completed report will be included in the appendix of the PR/EIS). Final Planning and Report for EIS and Record of Decision(ROD) I . Organize multiple public meetings, in collaboration with all the Partners, Reclamation and USACE, to collect public comments on the Final PR/EIS. Prepare a summary of the comments received. Prepare responses to all comments. Supply clarifying information, modify alternatives and supplement previous analyses as necessary. Make any minor text and graphic revisions as necessary. 2. Guide the final PR/EIS document through the last three rounds of review: Team Review, Administrative Review, and Final Camera-Ready Review. Page 4 of I I Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2-19-08 DRAFT Draft 3. Review the draft Record of Decision prepared by Reclamation and USACE. Coordinate with both agencies to complete the Administrative Record necessary to proceed with federal permitting. 4. Prepare a completed EIS for inclusion with ROD. Proiect Mitigation Pre-design and Implementation 1. Fish Habitat Mitigation. Prepare preliminary fish habitat mitigation plans as requested by local, state and federal agencies. Organize meetings to discuss design criteria and generate a preliminary design for improving fish habitat downstream of Scoggins Dam. 2. Fish Passage. Continue site evaluations and prepare preliminary fish passage mitigation plans as requested by local, state and federal agencies. Organize meetings to discuss design criteria and generate a preliminary design for improving fish passage in the Tualatin Basin. 3. Wildlife Habitat. Continue site evaluations and prepare preliminary wildlife habitat mitigation plans as requested by local, state and federal agencies. Organize meetings to discuss-design criteria and generate a preliminary design for improving wildlife habitat in and around -the Tualatin Project and elsewhere in the Tualatin Basin. 4. Wetlands. Continue site evaluations and prepare preliminary wetlands mitigation plans as requested by local, state and federal agencies. Organize meetings to discuss design criteria- and generate a preliminary design for improving wetlands in and around the Tualatin Project and elsewhere in the Tualatin Basin. . Proiect Permitting and Consultation The major elements of the water supply project have been split into four categories: the Dam Raise /Road Relocation/Recreational Facilities, the Raw Water Pipeline, Pump-back system and the Joint Water Commission Water Treatment Plant expansion. Each of these elements shares some similar tasks that must be completed: 1. Coordinate with various local, state and federal agencies for the permitting of the preferred alternative. Develop a permitting plan to document the permitting requirements including permits needed for construction of the preferred alternative. Plan will also include an anticipated schedule for permit submittals and reviews. 2. Engage all relevant agencies and, ideally, obtain all major permits before the end of the design phase. Coordinate permitting between different project elements. Develop updated information related to proposed construction methods, timing of construction methods and design information. Initiate discussions with regulators to confirm and update findings relevant to the draft EIS and its permitting requirements and assess impacts on schedule and costs. Conduct any necessary additional surveys to verify permitting requirements and environmental Page 5 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2-19-08 DRAFT Draft constraints. 3. Land Use Permitting: Utilize information gathered during preparation of the Draft PR/EIS and supplement with additional site assessments, research and analysis (as necessary) to prepare land use application(s). Address applicable standards of Washington County and other local jurisdictions as necessary. Coordinate with local surface water management agencies Clean Water Services in Washington County and Water Environment Services in Clackamas County (if warranted) to obtain the approvals necessary to meet Sensitive Area and Vegetated Corridor requirements--including the development of conceptual mitigation plans. Arrange and attend a pre-application conference(s) with the Partners and planning staff(s) to confirm application requirements and applicable review standards. Prepare and submit required land use application materials to Washington County and other local jurisdictions that require land use review. Land use reviews related to the following may be required, depending upon the alternative selected and local land use regulations: a. Temporary use (for construction staging, etc.) b.. Conditional use requirements c. Farm/forest impacts d. Alteration toa Significant.Natural Resource e. Standards for permitted use f. Sensitive Area and Vegetated Corridor requirements 4. Coordinate With Washington. County planning staff:and help prepare any amendments. Prepare for and attend one neighborhood meeting and one public hearing for the Washington County land use review process. Prepare for. and attend public meetings as required for other local land use reviews. 5. Identify other permits, related to the Draft PR/EIS, that-may be required for project development. The types of permits required will depend upon the alternative selected for implementation. Potential permits required include: a. Bonneville Power Administration right-of-way permit b. NPDES 1200-C stormwater permit c. Oregon Department of Transportation right-of-way permit d. Oregon Water Resources Department dam safety permit e. Municipal water-right permit extensions 6. Coordinate with the permitting agencies to achieve timely and accurate permit reviews. 7. Joint Removal-Fill Permit Coordination (including 401 Certification): Prepare wetland removal-fill applications for the Oregon Department of State Lands (DSL) and USACE. Prepare the necessary documentation, including 404(b)(1) alternatives analysis, project description, and proposed mitigation plan. Coordinate with Reclamation, USACE and other applicable commenting agencies. Using existing wetland information, supplemented by a Page 6 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2-19-05 I DRAFT Draft wetland delineation that will be done by following USACE and DSL guidelines, finalize project impact analyses and prepare the compensatory wetland mitigation plan for wetland impacts and the compensatory mitigation plan for waterway impacts in compliance with DSL rules. 8. Coordinate with DSL and USACE to facilitate the permitting and public review process. Prepare responses to comments received from the Public Notice. 9. Biological Opinion: Coordinate with the National Marine Fisheries Service (NMFS) and USFWS to process a final Biological Assessment (BA) and to obtain a Biological Opinion (BO) or letter of concurrence for the proposed action from both NMFS and USFWS. Provide the necessary ESA consultation support for the BA/BO process. Secure the BO before the Joint Removal-Fill Permits are obtained. 10. Note: The permitting process will be conducted concurrently with the NEPA process, to the extent possible, with the intent that the Final PR/EIS will include the Joint Removal-Fill Permit application. Endeavor to obtain permits prior to bid for construction, so that permit conditions will be included in the construction bid documents. Property Acquisition and Right-of-Way/Easement Services 1. Right-of-Way: Meet and negotiate with landowners impacted by selected alternative. Consider alternatives and begin land-requirement. studies (gaining access), ROW acquisition (fee- acquisition permanent easements,. or temporary construction easements), surveying, cultural resources and geotechnical investigations. 2. Property Acquisition: Solicit, select and execute contracts for environmental assessments, surveys, and appraisals. Execute purchases and create maintenance plans. Recreational Master Plan and Pre-design 1. Complete conceptual design, preliminary design and final design Program Management/Project Staffing Elements 1. Contract administration and management of Phase I Interim Program management firm. 2. Interim program management: identify and implement appropriate schedules, controls, project management, and staff resource requirements, during Phase 1 interim program management of the TBWSP. 3. Consultant selection for preliminary geotechnical exploration: provide technical and logistical support to prepare and issue a request for proposals for geotechnical exploration services, including support for consultant selection and contract negotiation in coordination with Page 7 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated- 2-19.08 DRAFT Draft Reclamation. 4. Consultant selection for surveying and mapping: provide technical and logistical support to prepare a request for proposals and complete consultant selection and contract negotiation for a surveying and mapping consultant. 5. Consultant selection for real estate acquisition: provide technical and logistical support to prepare a request for proposals and complete consultant selection and contract negotiation for real estate (rights of way and easements, excluding the raw water pipeline) acquisition and relocation services. 6. Selection of Phase 2 Program Manager: provide technical and logistical support to prepare a request for proposals and complete consultant selection and contract negotiation for Phase 2 ongoing program management services. Design Services Design Team Selection: Selecting and contracting with the design teams for the Scoggins Dam raise, raw-water pipeline and pump-back system will take approximately eight months to complete. Preparation of the RFP's should begin immediately after the selection of an overall project: manager. This process should begin in early 2009. It is assumed that the final design phase :of the TBWSP will be broken down into four separate projects: the Scoggins Dam raise with road relocation and recreational facility construction bundled with it; the raw water pipeline and pump- back facility; and the coordination of the JWC water treatment facility expansion. The four major elements will require the following tasks to complete for each of them: 1. Prepare construction documents, receive and evaluate bids. 2. Project Management Plan: organize technical workshops and progress meetings; develop project deliverables; and ensure quality control. 3. Contract Management: develop overall project scope and contract documents; prepare monthly progress reports and invoices; and prepare scopes of work for sub-consultants needed to support preliminary design efforts. 4. Management Meetings / Workshops: using weekly meetings or conference calls, review project status, upcoming work tasks and organize monthly progress reports with the partners. 5. Field Engineering Services: complete the fieldwork necessary to support full design, including: surveying, geotechnical investigations and condition surveys. All this work should be coordinated among the three major design elements whenever possible. Survey should include contour lines and the boring holes location of all existing improvements. Geotechnical (high level of coordination necessary with Bureau of Reclamation) should include: soil/rock borings, laboratory testing, related analysis on proposed improvements, provide recommendations Condition Surveys Page 8 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated-3-19-03 DRAFT Draft will be part of the larger facility review. 6. Final Design Engineering: complete engineering services through 100 percent design, plan design coordination meetings, final design, agency review, construction document preparation, workshops, construction cost estimate, construction scheduling and sequencing. 7. Bid Period Services: answer bidder technical questions; organize pre-bid conference and site tours. Prepare conformed drawings and specifications. 8. General Administration: correspondence and file maintenance, monthly progress reports, updating the website and other information resources. Continued communication with all partners about project scope, budget and scheduling; management of consultants; preparation of monthly status reports and invoices In addition, the Raw Water Pipeline/Pump-back element will require: 1. Ensure pipeline and pump-back are both developed to a preliminary design level. The purpose of preliminary design is to evaluate remaining project alternatives, provide information for environmental compliance and permitting efforts, and generally provide . the remaining technical detail needed to support a straightforward and efficient final design. In addition, the Dam Raise, Road Relocation, and Recreational Facilities element will require: 1. Water Rights Evaluations and Applications: evaluate existing waters right permits for the proposed project; modify permits for project implementation and future operations. 2. Hydrologic Study and Operational Modeling: update existing hydrological study to refine final selected dam height versus the required storage volume with due consideration given to operational restrictions and revised demand forecasts. Tualatin Project Title Transfer Final Environmental Assessment (EA) / Findings of No Significant Impacts (FONSI) 1. Prepare an Environmental Assessment in compliance with NEPA regulations. 2. Project management and Agency Coordination: Coordinate relevant federal state local agencies as needed to facilitate the title transfer process 3. Prepare a Finding of No Significant Impact (FONSI), using the completed Environmental Assessment, for public review. Work with Reclamation to determine the best way to respond quickly and cost-effectively after comments are received. Respond to all comment s using a comment-response matrix and by revising the draft EA. Then submit final ES to Reclamation Page 9 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2.19-06 DRAFT Draft for public review. 4. Work with Reclamation to prepare a Draft FONSI for the selected project alternative Facility Assessment / Seismic Studies / Land Surveys and Easements 1. Conduct an inspection and evaluation of all of the manmade structures of the Tualatin project - with special consideration given to seismic issues. Investigation into the legal status of the land include with the project. Order a preliminary title report for each parcel affected by title transfer. Identify any exceptions, like liens, easements, and access rights, related to these parcels. Compile a list of these exception and present to Reclamation. Develop different transfer formats. Send draft documents to Reclamation, prepare final documents, compile and record all documentation. 2. Conduct public meetings related to the title transfer process. 3. Compile a' comprehensive map of facilities at the Tualatin Project. Order lot book-reports for each affected parcel. Map the current zoning.in the project area. IGA Administration L Provide support for, and execute.the tasks necessary to, produced an intergovernmental . ...".agreement signed by all of the TBWSP Partners that allows them to take title of the. Tualatin Project. and manage it effective and efficiently in the future. Development of a transitional plan for the operational elements. of Tualatin Project by the local governing organization. Additional Combined Project Elements Governmental and Public Affairs I. Represent the project and it partners to local, state and federal officials to facilitate agreements over responsibilities and rights. Provide public outreach and information to community groups, elected officials and other parties affected by or interested in the project. Workshops will be conducted with internal and external stakeholders during design and throughout construction. Generate a consistent public information plan that demonstrates how the partners are working together to effectively manage and complete this significant project. Plan, manage and implement the public information and public engagement program. This effort involves developing a consistent communications plan, including messaging, stakeholder identification, strategies, tactics and budgets. It should be managed adaptively. Legal Services 1. Research and document the real property fee ownership for any land, any easements, rights-of- way, structures, subsurface rights or other rights either involving the Facilities that are part of Page 10 of I I Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2.19-08 DRAFT Draft the Project or that are adjacent to or could be intermingled with the Project. 2. Assist with development, negotiation, and coordination of final governance agreement documents for the entity proposed to own the Facilities. 3. Review and identify the Reclamation's existing contractual agreements with: a. Scoggins Dam operation and maintenance with TVID b. Hagg Lake Park and Lands Management with Washington County. c. Flood Management with the U.S. Army Corps of Engineers. d. Repayment contracts with existing water users. e. Water Services Contracts with Pumpkin Golf Course, Stimson and the Reserve Golf Course. f. Other related contractual arrangements including power contracts, resource (e.g., Elk and Fish) mitigation. 4. Research, advise and assist with associated water rights issues involved in the Project. 5. Research, advise and assist with the property acquisition process involved with both'the transfer of title of the Facilities and water supply project, and associated contractual agreements: involving the Facilities including liability risks and environmental assessment. 6. Assist with drafting, reviewing and advising on the construction and engineering contracts associated with the dam raise, raw water pipeline construction and hydropower issues. 7.. Assist with drafting, reviewing and advising on congressional legislation elements of the title transfer and associated federal funding processes. Clean Water Services (and other Partners) Project Management 1. Continued project management and staff support for the Water Supply and Title Transfer projects. Mise Expenses 1. The tasks and elements of the Project not currently provided for in the above listed items. 2. Information Technology: design an electronic data management system for organizing the partners and the consultants involved in the Water Supply Project before and during design and construction. Page 1 I of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated - 2-19-03 Draft Tualatin Water Supply Project - DEIS Phase II (FY09 and FY10) and Tualatin Project Title Transfer Title Transfer Transaction and TBWSP Final PR/EIS - Record of Decision(ROD) Joint Funding Agreement - #4 Amendment DRAFT Project Manager - Tom VanderPlaat - Clean Water Services 1/16/2008 Estimated Budget Expenses Review PROJECT ELEMENTS FY 08-09 FY09-10 Percent Costs Costs Complete TUALATIN BASIN WATER SUPPLY PROJECT Draft Planning Report/EIS (completion) $100,000 $0 100% Final Planning Report/EIS & ROD $2,000,000 $500,000 " Mitigation- Predesign and Implementation $1,000,000 $1,000,000 Permitting $500,000 $500,000 Property Appraisals and Acquistion $2,000,000 $500,000 Recreational Master Plan and Predesign $250,000 $250,000 Project Site Investigation - Geologic Testing $500,000 $200,000 Program Management Elements $750,000 $750,000 Design Services- Sco ins Dam Raise/Roads/Recreation $5,800,000 $2,900,000 A Raw Water Pipeline $3,400,000 $4,500,000 A Pump Back System - Predesi n $1,400,000 $1,000,000 A Total ' $17,700,000 $12,100,000 TUALATIN PROJECT TITLE TRANSFER Transaction Costs Environmental Review elements $250,000 $100,000 100% Facilities Review and Assessment $300,000 $200,000 " IGA'Adminstration for Title Transfer $300,000 $600,000 Land Survey and Easement for existin lands $150,000 $100,000 Sub Total of Transaction Costs $1,000,000 $1,000,000 Title Transfer Payment $0 $11,300,000 1000/6 B ADDITIONAL PROJECT ELEMENTS Governmental/ Public Affairs $300,000 $500,000 Legal Services $200,000 $200,000 CWS and Partner's Project Management $2,100,000 $2,600,000 " Misc. Expenses $300,000 $600,000 " Contingency Total Costs $21,600,000 $28,300,000 - Task completion percentage cannot be determined Note: - Design Services are based on cost estimates from Cost and Schedule Evaluation - Sept. 2007 Draft Report A This amount is reduced due to the elements provided in other budget items B Lump Sum Payment for Title Transfer Joint Funding Agreement -4th Amd Exhibit B 2008 1-10.xlsBudget Elemdnts 2/20/2008 Draft Tualatin Basin Water Supply Project and Tualatin Project Title Transfer Payment Schedule for Title Transfer and WSP Draft Environmental Impact Statement Phase For FY08-09 - WSP - JFA 4th amendment (includes City of Tigard) Project Manager - Tom VanderPlaat Date 1/16/08 EXHIBIT B PAYMENT SCHEDULE (Based on reallocation and Percentage Share) Water % Share Total FY08-09 FY08-09 FY08-09 FY08-09 FY08-09 Allocations Costs Qtr1 Qtr 2 Qtr 3 Qtr 4 Total Jul-Sep Oct-Dec Jan- Mar Apr-Jun Ac - ft MGD 100.0% 20.0% 30.0% 30.0% 20.0% 100.0% Water Quality Clean Water Service 13,000 35.3 22.81% $4,926,316 $985,263 $1,477,895 $1,477,895 $985,263 $4,926,316 M&I City of Tigard 8,000 14.5 14.04% $3,031,579 $606,316 $909,474 $909,474 $606,316 $3,031,579 TVWD*"** 23,000 41.6 40.35% $8,715,789 $1,743,158 $2,614,737 $2,614,737 $1,743,158 $8,715,789 City of Hillsboro 11,000 19.9 19.30% $4,168,421 $833,684 $1,250,526 $1,250,526 $833,684 $4,168,421 City of Beaverton 2,000 3.6 3.51% $757,895 $151,579 $227,368 $227,368 $151,579 $757,895 City of Forest Grove 0 0.0 0.00% $0 $0 $0 $0 $0 $0 Total M&1 44,000 79.6 77.19% $16,673,684 $3,334,737 $5,002,105 $5,002,105 $3,334,737 $16,673,684 Sub Total 57,000 114.91100.00% $21,600,000 $4,320,000 $6,480,000 $6,480,000 $4,320,000 $21,600,000 WQ(exisiting) 12,618 22.8 M&I (existing w1LOC) 14,000 25.3 "Inactive (Dead) Storage Irrigation 27,022 CWS demands based on 120 day season Fish and Wildlife M&I Demands based on 180 day season Recreation* 6,900 ****Note - Sherwood Shares transferred to TVWD (2000 af) Flood Management Note: The Cities of North Plains, Cornelius and Banks elected Total (active storage) 110,640 not to sign the Joint Funding Agreement (JFA) - 2nd amendment. Cities of North Plains and Cornelius shares were transferred to Total Storage 117,540 $21,600,000 City of Hillsboro City of Banks shares were allocated proportionally to all Partners under the Joint Funding Agreement - Second Amendment. Cities. of Tualatin and Sherwood have decided not sign the JFA- 3rd amendment and their shares will be allocated to TVWD. Clean Water Services will agree to provide Forest Grove option to purchase 1,500 of at a future date. Higher Pool Level - The water demand will require a dam raise of 42 feet (WSL 345.3) to meet the new supply of 57,000 acft. Joint Funding Agreement -4th Amd Exhibit B 2008 1-10.xlsPayment FY 08-09.w_tigard.. 1 2/20/2008 Draft Tualatin Basin Water Supply Project and Tualatin Project Title Transfer Payment Schedule for Title Transfer and WSP Draft Environmental Impact Statement Phase For FY08-09 - WSP - JFA 4th amendment (without City of Tigard) Project Manager - Tom VanderPlaat Date 1/16/08 EXHIBIT B PAYMENT SCHEDULE (Based on reallocation and Percentage Share) Water % Share Total FY08-09 FY08-09 FY08-09 FY08-09 FY08-09 Allocations Costs Qtr1 Qtr. Qtr 3 Qtr 4 Total Jul-Sep Oct-Dec Jan- Mar Apr-Jun Ac - ft MGD 100.0% 20.0% 30.0% 30.0% 20.0% 100.0% Water Quality " Clean Water Service 16,500 44.8 31.13% $6,724,528 $1,344,906 $2,017,35$ $2,017,358 $113441906 $6,724,528 M&l City of Tigard 0 0.0 0.00% $0 $0 $0 $0 $0 $0 - TVWD"" 23,000 41.6 43.40% $9,373,585 $1,874,717 $2,812,075 $2,812,075 $1,874,717 $9,373,585 City of Hillsboro 11,500 20.8 21.70% $4,686,792 $937,358 $1,406,038 $1,406,038 '3937,358 $4,686,792 City of Beaverton 2,000 3.6 3.77% $815,094 $163,019 $244,528 $24'4,528 $163,019 $815,094 City of Forest Grow 0 0.0 0.00% $0 $0 $0 $0 $0 $0 Total M&I 36,500 66.1 68.87% $14,875,472 $2.975,094 $4,462,642 $4,462,642 $2,975,094 $14,875,472 Sub Total 53,000 110.8 100.00% $21,600,000 $4,320,000 $6,480,000 $6,480,000 $4,320.0001$21,600,000 WQ(exisiting) 12,618 22.8 M&I (existing w/LOC) 14,000 25.3 'Inactive (Dead) Storage Irrigation 27,022 " CWS demands based on 120 day season Fish and Wildlife M&I Demands based on 180'day season Recreation' 6,900 ""'Note - Sherwood Shares transferred to TVWD (2000 af) Flood Management Total (active storage 106,640 Total Storage 113,540 $21,600,000 JFA Partners Notes: The Cities of North Plains, Cornelius and Banks elected not to sign the Joint Funding Agreement (JFA) - 2nd amendment. Cities of North Plains and Cornelius shares were transferred to City of Hillsboro City of Banks shares were allocated proportionally to all Partners Partners under the Joint Funding Agreement - Second Amendment. Cities of Tualatin and Sherwood have decided not sign the JFA- 3rd amendment and their shares will be allocated to TVWD. Clean Water Services will agree to provide Forest Grove the option to purchase 1,500 of at a future date. Lower Pool Volume - The water demand will require a dam raise of 40 feet (WSL of 343.0 ft) to meet the new supply of 53,000 acft. Payment FY08-09 wo-TigardJoint Funding Agreement -4th Amd Exhibit B 2008 1-10.xis 2 2/20/2008 City of Tigard C Memorandum To: The Honorable Mayor and Tigard City Councilors Intergovernmental Water Board (IWB) Commissioners From: Public Works Director Dennis Koellermeier 0// Re: Tualatin Basin Water Supply Project (TBWSP) Fourth Amendment to the joint Funding Agreement Date: April 1, 2008 The IWB has discussed the issue of continued participation in the TBWSP extensively. The Board has two areas of concern: ■ The money Tigard has invested to date and whether these funds can be recovered. ■ The proposed timing of a decision on whether to continue participation before a binding agreement with an alternative source, namely the Lake Oswego Expansion and Water Partnership, is fully executed. The Tigard Water Service Area (TWSA) has invested approximately one million dollars in the TBWSP. The TWSA's share of the entire project is currently estimated to be $92 million dollars. Current agreements provide for reimbursement only where funds have been spent to purchase real property. To date two properties have been purchased. Should we withdraw from the project, the TWSA would receive approximately $300,000 for these properties. To recover any more of our investment would require: ■ Successfully renegotiating our existing agreement. (This strategy does not look promising; other partners who have withdrawn from the project did not recover their costs.) ■ A benevolent action by our partners. ■ Remain in the project and continue to fund the project, until we develop tangible assets that could possibly be sold or leased to other partners. Our partners have asked for a decision regarding Tigard's continued participation in the TBWSP by June 1. The current agreement does not specifically allow for this deadline. However, if Tigard chooses not to participate in the project, some or all of the $92 million currently allocated to TWSA will be distributed among the other partners. Since the other partners are currently planning their financing strategies, they are anxious for Tigard to make its decision. On the other hand the IWB has expressed caution about withdrawing from the TBWSP until a binding agreement on the Lake Oswego Expansion and Water Partnership is executed. At the request of the IWB, I have contacted our partners regarding Tigard's continued involvement in the TBWSP. My discussions were with senior staff members representing the Tualatin Valley Water District, Clean Water Services, and the City of Hillsboro. Collectively, these staff members were comfortable in addressing the IWB concerns by modifying the Fourth Amendment to the joint Funding Agreement. The amended agreement would specifically allow Tigard to withdraw from the project now, with a caveat that we could re-enter the partnership within a proposed one- year window, assuming we pay our proportionate share of the project costs. Staff will continue to pursue this option and will keep the I" and Council informed on the progress of this course of action. MEMORANDUM 'k TO: The Honorable Mayor and City Councilors FROM: Public Works Director Dennis Koellermeier RE: Supplemental Materials for the April 8, 2008 Joint Study Session with the Intergovernmental Water Board DATE: April 3, 2008 I would like to provide you with some additional information for your joint meeting with the Intergovernmental Water Board on Tuesday, April 8. ■ There is new information and possibly a new option to consider related to the Fourth Amendment to the joint Funding Agreement for the Tualatin Basin Water Supply Project. This information is contained in the attached memo dated April 1, 2008. ■ Also attached is a hard copy of a PowerPoint presentation entitled, "Water for Tomorrow - Selecting a Future Water Source for the Tigard Water Service Area." Incorporated into the PowerPoint are a full-size Tigard Water Service Area Source Decision Calendar and a sheet with background information on water quality, "Water Quality Summary of Future Water Source Options." We are currently working with our consultant to provide you with the most up-to-date information related to the costs and rates of the various water source options. You will see that these slides are shown as "under construction." We will have this information for you at the April 8 meeting. c: City Manager Craig Prosser City Recorder Cathy Wheatley Executive Assistant Joanne Bengtson Water for Tomorrow Selecting a Future Water Source for the Tigard Water Service-Area Joint Tigard City Council/ Intergovernmental Water Board. . Briefing April 2008 Future Water Source Options • Tualatin Basin Water Supply Project • Lake Oswego Expansion & Water Partnership • Willamette River Treatment.& Transmission Project.: . -Portland- Water Purchase. Agreement. r , Current Decisions • Whether to remain in the Tualatin Basin Water Supply Project Whether t°o execute an IGA. which .~f would commit Tigard to the Lake Oswego Expansion & Water Partnership Tualatin Basin Water Supply Project Status Update • Partners considering title transfer Governance model completed TVWD -commits to TualatIn:-, asin Water Supply Projuect Project- Costs updated Tualatin Basin Water Supply Project Decision • Partners ask for decision by June - 1, 2008 • Decision in the form -of a `Fourth Amendment to the Joint' Funding Agreement Lake Oswego Expansion & Water Partnership Status Update • MOU to pursue partnership completed • Lake Oswego and Tigard work to develop agreement Attorney-Clark Balfour retained to assist with agreement Y. Outline of alie agreement to be reviewed: F. A.. point rrieeun on April 15 . Lake Oswego Expansion & Water Partnership. Decision • Decision to consider final agreement Slated for ~!summer 2008 Willamette River Treatment & Transmission Project Status Update • INWD delays Willamette expansion Water rights extended to 2047 -Sherwood!to construct transmission line" May be an', opportunity.to .participate in upsizirig.Sherwbod transmission hrie Decision Calendar Tigard Water Service Area Source Decision Calendar - 2MsdWfdeojmlleslmar&iedWpuslbkMum ircdmamrnmjnr& Tprd Raley SendmAmn Tualatin Ba,Hn Rater Sapply PoAnenMP ._.,_-_--'--_~_-~"~[~.LQC~®®~®®®,~C~i] . ,Mw cornwe Mvaey I 1. --i ~ - rLggrlee.M1M triad Jri lFlwnby ~'V~^ ~ 1 ~ 1ll. Tl,vwl emvrwa IOA - '~ff 1 C_ I COT/M1YBAl mivrYSWn Rn Og 6[sls„ 1 _ wm, . ~ Ill----~....- _ . - JNC Cl" RVf.CWLO^.... . , ~ i _ , 4 . 1 ~ foA+Qswrga PartncrsL/r_. i i { l r J.yy LdCOTMlB NSxh Bnsbnn _ ; .1 " i _ ( ~ I III" E - - - f cu.mnwvcz:n no•. eaww' - .r ~ c~- t,-w~(' _ - i .QecJmm.s l4v.r PlnMl E+_IV,iim Grvd_cE i ! I I . i f 1 i ,rr^-ti~l . tPar4land Gmhwt I i .i I I i . pmrno a.w.aw.eww.ma iey-1MSlria_w.e a.wuxaem... ~ ~ ' - I _ j ~ ' • ao;e.;~e anomc sane wi. 1 ~ ; ~ ! t l~~ • ooi sw wr.wn. cro. n.n w.n ~ wtilametie Rt,rrPiv arts ~ i < I ! i ~ ! ~ ~ ~ , ena aoa? wea wavcwvmccparo I ! --J I ewo .ud aM.n.mn~cu..>Twa. e....~..dmav.. >.wwnmm.w*rNSw am.x am wr ew.a. N,a,lMw.~ad w:a ~ u.a.d o...w tMa.+bwwm •.ww ww wwwo rw.vwe.rCaem, a+ira Tre.nero Tw.m NrayNU.aaacn ' Proposed Decision Criteria • Finished Water Quality - • Taste and Appearance • Cost-and Rates Quantity How far tito the future will the source ' meet. our needs? Finished Waiter Quality • All future water source options are monitored for nearly 70 different contaminants • All options meet and/or exceed Federal and State drinking water standards Treated ,water sources are best equipped to handle. future testing and , treatment .requirements : - . . it Taste and Appearance • Next to quality, citizens ranked these as importantl, eriteria when selecting,a -water source • Filtered- and treated water sources are. ` best equpped-.to manage taste and a earanee issues Cost Assumptions • Assumes 2016 service date for all new sources (for comparability) Includes .any "buy-in" costs and any. . .connections to independent facilities Assumes aquifer storage and recovery , will provide '6 million. gallons per day to . meet peak `demands ; Cost Assumptions • Calculates total present value of capital and operating costs for all scenarios -.25-year and 50-year. horizons considered . - Discount rate of 7 percehtjf =most illustrative of customer impacts • Rateimpacts and SDC - components :are _ estimated :for all scenarios N 1J_ i: Cost Scenarios On r.. constru O nd Cost Summary , on. ~t U uct~ nstr r co nde Rate Impact Assumptions • Isolate supply costs and potential SDC revenue stream based solely on joint supply costs Did not consider other utility capital costs Rate impacts are smoothed Rate Impact Assumptions • Costs escalate with general inflation Revenues, increase with growth • Supply SDC stream assumed to be fully available to pay debt service and meet coverage requirements • SDC based on capital cost` per gallon of capacity.and projected demand growth • SDC''escalated annually with construction cost inflation aet Scenarios Rate Irnp 101, . u . GOIASO t1n aet Summa gate Imp try der . ~n ,i Cost & Rate Impact Findings On - : Under Constru c Tigard Water Service Area Population ` and Water Demand Projections 90000 25 85000 r 80000 p ~I~❑ Q 20 i 75000 ' r r / G 70000 r ^ - - / 15 0 g 65000 M 8 60000 10 1. r ~ Y 55000 a 50000 = 5 45000 2000 2001 2002 2003 2004 2005 2006 2010 2015 2020 2025 2030 2040 2050 YEAR -Q-- Population Peak Day Demand (mgd) Quantity to Meet 2050 Demand Projections (In conjunction with Aquifer Storage and Recovery) 'i Without any supplemental sources: = Willamette River Treatment & Transmission Project Quantity to Meet 2050 Demand Projections (In conjunction with Aquifer Storage and Recovery) Combination of at least 2 of the following sources:. - Tualatin-B'asin Water Supply Project - Portland Water Purchase Agreement Lake Oswego Expansion & ,Water Partnership - Willamette`s River Treatment & Transmission Project Next Step Decisions • Whether to remain in the Tualatin Basin Water Supply Project • Whether to execute an IGA which would commit,Tigard to the Lake Oswego Expansion & Water Partnership Questions or Comments: Dennis Koellermeie.r City of Tigard Public Works Director 503.639.4171 dennisgtigard' or.gov Tigard Water Service Area Source Decision Calendar 2008 scliedide (?f ndle tents r°date to siblefilture f('a~ n~ °sourres fir lbe char Ricer Seri ice A rea hialatin Basin `ire , , 'rt r ph A trstnerstrr Joint COTIIWB Meeting ~ AprilS Craft EIS Completed 0 May Consider 4th Amendment to Joint Funding Agreement $ May 31 Title Transfer Governance )GA x 3u Construction Agreement Cue July € COTITWSA Transmission Planning Starts A"Ust JWC Future Participation hike OvVtWo crkx _ _._...__...a _ _...I Joint CCTIIWB Meeting a April Joint LO/COTIIWB Work Session April 15 Craft ICA Clue ° May Ma September Public involvement y,3rarsaExg3€ IWB Consideration Jane IWB Member Consideration 0 rasy Construction/Cash Flow Schedule w July AUVUA LO Consideration COT Consideration ~ M Land Use/Permitting Clackamas Fiver Permit Extension Granted Portland Contract Portland Announces Suggested 15% Rate Increase ~ raa° Portland Adapts 2008 Fate ~ May COT Sets Demands for next year; Willamette River Projects fday 31 Sherwood Asked WRWC to Participate ~ COT : City of Tigard EIS Environmental impact Statement I . Intergovernmental Agreement I1 = Intergovernmental Water Board 'fit - Joint Water Commission ,Cities of Tigard, Beaverton. Forest Grove, Hillsboro, and the Tualatin Valley Water District. Clean Water Services: Tualatin Valley Irrigation District) L = City of Lake Oswego TWSA = Tigard Water Service Area WRWC = Willamette River Water Coaiition (Cities at Tigard, Tualatin. Sherwood, and ',he Tualatin Valley Water District) t . Water Quality Summary of Future Water Source Options As required by the Safe Drinking Water Act and enforced by the U.S. Environmental Protection Agency (USEPA), community water systems monitor the water being delivered to customers for a variety of inorganic, synthetic organic, and volatile organic contaminants as well as radiological compounds and microbiological indicators. To compare the water quality data for each of the water sources currently under consideration as a future water supply for the Tigard Water Service Area, only certified analysis reported to the Oregon Department of Human Services - Drinking Water Program (ODHS - DWP) was used. Please note, the information provided is from 2007 unless otherwise noted. Monitoring requirements can differ from one water system to the next depending on past results, state waivers, etc. Of the nearly 70 different contaminants monitored by community water systems, only ten were reported as `detectable' of which none reported levels exceeding the maximum contaminant level as set by the USEPA and ODHS - DWP. A summary of these ten contaminants appears in the table below. Analysis results indicate all future water source options under consideration meet and/or exceed all Federal and State drinking water standards. INORGANIC CONTAMINANTS Arsenic Barium Maximum Contaminant Level = 0.010 mg/L Maximum Contaminant Level = 2.0000 mg/L Portland Water Bureau = 0.001 m /L Willamette River = 0.0054 m /L Chromium Lead Maximum Contaminant Level = 0.10000 mg/L Action Level = 0.015000 mg/L Willamette River = 0.00084 m /L Willamette River = 0.000335 m /L Nitrate (measured as Nitrogen) Maximum Contaminant Level = 10.00 mg/L Joint Water Commission = 1.00 mg/L Portland Water Bureau = 0.01 mg/L Willamette River = 0.56 m /L SYNTHETIC ORGANIC CONTAMINANTS 2,4-D Hexachlorocyclopentadiene Maximum Contaminant Level = 0.070000 mg/L Maximum Contaminant Level = 0.05 mg/L City of Lake Oswego = 0.000632 m /L Portland Water Bureau = 0.00008 m /L RADIOLOGICAL CONTAMINANTS Alpha Particles Uranium Maximum Contaminant Level = 15.00 pCi/L Maximum Contaminant Level = 30.000 ug/L Willamette River = 1.24 Ci/L Portland Water Bureau = 0.051 ug/L Willamette River = 0.013 u /L Radium 226 and Radium 228 (combined) Maximum Contaminant Level = 5.00 pCi/L Joint Water Commission = 0.89 pCi/L Willamette River = 1.21 Ci/L MEMORANDUM TIGARD TO: The Honorable Mayor and City Councilors FROM: Public Works Director Dennis Koellermeier RE: Supplemental Materials for the April 8, 2008 Joint Study Session with the Intergovernmental Water Board DATE: April 3, 2008 I would like to provide you with some additional information for your joint meeting with the Intergovernmental Water Board on Tuesday, April 8. ■ There is new information and possibly a new option to consider related to the Fourth Amendment to the joint Funding Agreement for the Tualatin Basin Water Supply Project. This information is contained in the attached memo dated April 1, 2008. ■ Also attached is a hard copy of a PowerPoint presentation entitled, "Water for Tomorrow - Selecting a Future Water Source for the Tigard Water Service Area." Incorporated into the PowerPoint are a full-size Tigard Water Service Area Source Decision Calendar and a sheet with background information on water quality, "Water Quality Summary of Future Water Source Options." We are currently working with our consultant to provide you with the most up-to-date information related to the costs and rates of the various water source options. You will see that these slides are shown as "under construction." We will have this information for you at the April 8 meeting. c: City Manager Craig Prosser City Recorder Cathy Wheatley Executive Assistant Joanne Bengtson City of Tigard C Memorandum To: The Honorable Mayor and Tigard City Councilors Intergovernmental Water Board (IWB) Commissioners From: Public Works Director Dennis Koellermeier 0// Re: Tualatin Basin Water Supply Project (TBWSP) Fourth Amendment to the joint Funding Agreement Date: April 1, 2008 The IWB has discussed the issue of continued participation in the TBWSP extensively. The Board has two areas of concern: ■ The money Tigard has invested to date and whether these funds can be recovered. ■ The proposed timing of a decision on whether to continue participation before a binding agreement with an alternative source, namely the Lake Oswego Expansion and Water Partnership, is fully executed. The Tigard Water Service Area (TWSA) has invested approximately one million dollars in the TBWSP. The TWSA's share of the entire project is currently estimated to be $92 million dollars. Current agreements provide for reimbursement only where funds have been spent to purchase real property. To date two properties have been purchased. Should we withdraw from the project, the TWSA would receive approximately $300,000 for these properties. To recover any more of our investment would require: ■ Successfully renegotiating our existing agreement. (This strategy does not look promising; other partners who have withdrawn from the project did not recover their costs.) ■ A benevolent action by our partners. ■ Remain in the project and continue to fund the project, until we develop tangible assets that could possibly be sold or leased to other partners. Our partners have asked for a decision regarding Tigard's continued participation in the TBWSP by June 1. The current agreement does not specifically allow for this deadline. However, if Tigard chooses not to participate in the project, some or all of the $92 million currently allocated to TWSA will be distributed among the other partners. Since the other partners are currently planning their financing strategies, they are anxious for Tigard to make its decision. On the other hand the IWB has expressed caution about withdrawing from the TBWSP until a binding agreement on the Lake Oswego Expansion and Water Partnership is executed. At the request of the IWB, I have contacted our partners regarding Tigard's continued involvement in the TBWSP. My discussions were with senior staff members representing the Tualatin Valley Water District, Clean Water Services, and the City of Hillsboro. Collectively, these staff members were comfortable in addressing the IWB concerns by modifying the Fourth Amendment to the joint Funding Agreement. The amended agreement would specifically allow Tigard to withdraw from the project now, with a caveat that we could re-enter the partnership within a proposed one- year window, assuming we pay our proportionate share of the project costs. Staff will continue to pursue this option and will keep the IWB and Council informed on the progress of this course of action. Water for Tomorrow Selecting a Future Water Source for the Tigard Water. Service Area _ joint Tigard .city council/ Intergovernmental Water Board Briefing . . Apri18, 2008 Future Water Source Options • Tualatin Basin Water Supply Project • Lake Oswego Expansion & Water Partnership • Willamette River Treatniient Transmission Project Portland Water Purchase Agreement Current Decisions • Whether to remain in the Tualatin Basin Water. Supply Project , Whether to execute an IGA which =would co rnmit Tigard to the Lake Oswego Expansion. & Water Partnersh P Tualatin Basin Water Supply Project Status Update • Partners considering title transfer Governance ~ model completed TVWD commits to Tualatin Basin Water Supply Project `Project costs updated - 4. Tualatin Basin Water Supply Project Decision • Partners ask for. decision by June. 1, 2008 • Decision in the form of a Fourth Amendment to the Joint Funding : . Agreement Lake Oswego Expansion & Water Partnership Status Update • MOU to pursue partnership completed • Lake Oswego and Tigard work to develop..agreement Attorney -Clark Balfour retained to assist, -with agreement : Outline of the° agreement to be reviewed : at oint meeting on April 15 Lake Oswego Expansion & Water Partnership Decision Decision to consider final agreement slated for "summer 2008 Willamette River Treatment & Transmission Project Status Update • TVWD delays Willamette expansion • Water rights extended to 204T. Sherwood 'Fto construct transmission line ' May be an ;opportunity to participate in upsizing:Sherwood tran 7usson lirie`: Decision. Calendar Tigard Water Service Area Source Decision Calendar 2W8 TdRdi+leafm(laimm r&led Mp=ibhfMum rmlmaoumsjar!lm Trbnrd p'ale~SenirnAma 7ilalatln J9asfn R-rtterSu Iy PaAnersbf 1~5~®®~~~®®~®~® ;..InllncormveMwmq, - ---._..._..._...._._..__._._-__--,!-....1._._.:_......._GL7_'•! ..._i _...J._.._ Cw®tle, In wn4nw J Ni Nr„4 5 ~B^'^^'~^~ l _ _ i t... ' ~ _ y7 1llO ltun•1 aMtlflYYiIW _ ph+ LOTTVa1TRmriq 9aie F+~+•< r.ur _ 1. ....1 ~ _ . /ObN QSTMU PartxcrsLlh_,- i . Jarv ipico+mva wm$ . OprvuOWIYCiM ROM Bd1.4M C6- 1 • (lY'IR/II.•Rm!/Rnr/I @I•r1WOrl Orrvaf 1 I iPorYlarrd&r hWf . . vo.e..,n a.,o,mco. Erw..rov,~w imelrw«.. u.:,rulrrom... , ~ . W18eb Ow„m,n•(IOr II•R WM : I i ~ I i (~"'i., I j17YllNgCfleRllCIPN s 1 1 ~ i t .ane,,.._,w,g wHwcevnw.voro - L .i 'atJ. I 1 , rn.onau.a.•.o• .waw.rowwm., •..u...a mr w+.,~w.corem,max.a+4.an.eme,.l..ee.wa..~.nm waww o~.aen awNro. ws Proposed Decision Criteria • Finished Water Quality • Taste and Appearance • Cost and Rates Quantity Y - Hove fat :ii it the future will the source meet,our needs? . Finished Wafter Quality • All future water source options are monitored for nearly 70 different contaminants All options meet and/or exceed Federal and States drinking water . standards Tr'-eated water sources are best equipp & to handle future testing and treatment requirements Taste and Appearance • Next to quality, citizens ranked these as important eriteria,when selecting a water source Filtered.a.n !d treated water sources are best equipped to manage taste and appearanceissues t- Cost Assumptions • Assumes 2016 service date for all new sources (for comparability) Includes any "buy-in" costs and any, connections to independent facilities • Assumes aquifer storage and recovery. W,,, provide. 6 million gallons pe"r day to meet peak .demands Cost Assumptions • Calculates total present value of capital and operating costs for all scenarios - 25-year and 50-year horizons considered Discount rate of 7 percent_ s most ; . illustrative of customer impacts Rate impacts and SDC cornpor tints are -p estunated'_f i'.afl scenarios Cost Scenarios flon r construc . . Undo Cost Summary ucO s tr _ , r On nde U Rate Impact Assumptions • Isolate supply costs and potential SDC revenue stream based solely on joint supply costs Did not consider other utility capital costs • Rate impacts are smoothed Rate Impact Assumptions • Costs escalate with general inflation Revenues increase. with growth • Supply SD( stream assumed to be fully available to pay debt service and meet coverage requirements SDC based on.capital cost .per gallon of capacity and projected demand growth • SDC escalated annually with construction cost inflation act Rate SCe.natIos Imp ,on . constrOct ,der . it Rate 1rnpact Sum~a~ l Co . stru n Cost & Rate Impact Findings Under constructIO,n Tigard Water Service Area Population and Water Demand Projections 90000 1 25 85000 k If 0 i 80000 = i 20 76000 - ~ 8p ' E C 70000 ` 4:1- - ' T 15 g 65000 p i o 60000 k ~ 10 ~ 55000 ' dd 6 50000 5 45000 40000- _ -..I-_ +o 2000 2001 2002 2003 2004 2005 2006 2010 2015 2020 2025 2030 2040 2050 YEAR Population -7N-- Peak Day Demand (mgd) Quantity to Meet 2050 Demand Projections (In conjunction with Aquifer Storage and Recovery) Without any supplemental sources: - Willamette River Treatment & Transmission Project Quantity to Meet 2050 Demand Projections (In conjunction with Aquifer Storage and Recovery) Combination of at least 2 of the. following sources: - Tualatin Basin Water Supply Project Portland Water -Purchase Agreement ,F -Lake Oswego Expansion & Water Partnership - Willamette!IRiver Treatment & Transmission Project N, o Next Step Decisions • Whether to remain in the Tualatin Basin Water Supply Project • Whether to execute an IGA which would commit Tigard to the Lake Oswego, Expan sion & Water Partnership Questions or Comments: Dennis Koellermeier City of Tigard Public Works Director 503:639.4171 dennis @tigard-or.gov Tigard Water Service Area Source Decision Calendar Joint COT/iWE Meeting * April 8 Drat €S Completed a may Consider 4th Amendment to Joint Funding A reem.ernt x May 31 'Title Transfer Governance IGA Construction Agreement Due ~ July t COT/T WSA Transrnissiurn Planning Starts V August sWC Fiat ire Particle atiCai lips, Joif it COT=`tVV6 Meeting ~ April8 . Joint LO/COT/IWB Work Session ~ Aped as Craft iGA Clue a may Public Involvement May thrulub September IWB Consideration I June IWl Member Consideration a July ~ 2eaby Const€°uctiorn/rCasln Flow Schedule 1-0 Consideration August COT Consideration August Laved i. UserPerr-rnitting C$lacltamasxRivferaPernil't Extension Granted 4 Dec, Portland Announces Suggested 151% Rate increase jm Portland Adopts 2008 Rate 11-30T Sets demands (for next year; ~ Sherwood Asked WRWC to Participate a May3l COT = City -figard EIS Environfnenia': 4,nc3ct S'tater.nerit IG w ,-rer3r~vemfuetntal Agrge,,:t nt l Eoard J WC Joint vv we! ~.^..•iriI'i`t15`.~"-~ii}j'k jriIT4BS of Tigard, Berwerton Foi-est Grove, Hili3(3oro, af-d the ' uaiaiin l+'c'aii*,y ftat~- ,,trt& i.:leaj n 1+`+/;ii€?i~ -`~.•vrY`t'e~5. . _,t2 xz Cj'• -°il:z': G-}~ fY'YiCt<lt?G`?? L..1t'3°Cfii;~~i LO = k" _ t,, _eY%4E? vSl/V. D T s.. z4 0,' a WRWC _ ',N{fic'1?Y'z?°Su %'s: E" M~ter ffrJa'ti7%Vi? ;:mot:;,?'if. t;„;~31a2k11, S<le f`„"y GtiC7. 3i1:) ?±lE i:.id'aI'i": Va::c?I vv3i.~-#' C-~3CnC.T} / S Water Quality Summary of Future Water Source Options As required by the Safe Drinking Water Act and enforced by the U.S. Environmental Protection Agency (USEPA), community water systems monitor the water being delivered to customers for a variety of inorganic, synthetic organic, and volatile organic contaminants as well as radiological compounds and microbiological indicators. To compare the water quality data for each of the water sources currently under consideration as a future water supply for the Tigard Water Service Area, only certified analysis reported to the Oregon Department of Human Services - Drinking Water Program (ODHS - DWP) was used. Please note, the information provided is from 2007 unless otherwise noted. Monitoring requirements can differ from one water system to the next depending on past results, state waivers, etc. Of the nearly 70 different contaminants monitored by community water systems, only ten were reported as `detectable' of which none reported levels exceeding the maximum contaminant level as set by the USEPA and ODHS - DWP. A summary of these ten contaminants appears in the table below. Analysis results indicate all future water source options under consideration meet and/or exceed all Federal and State drinking water standards. INORGANIC CONTAMINANTS Arsenic Barium Maximum Contaminant Level = 0.010 mg/L Maximum Contaminant Level = 2.0000 mg/L Portland Water Bureau = 0.001 m /L Willamette River = 0.0054 m /L- Chromium Lead Maximum Contaminant Level = 0.10000 mg/L Action Level = 0.015000 mg/L Willamette River = 0.00084 m /L Willamette River = 0.000335 m /L Nitrate (measured as Nitrogen) Maximum Contaminant Level = 10.00 mg/L Joint Water Commission = 1.00 mg/L Portland Water Bureau = 0.01 mg/L Willamette River = 0.56 m /L SYNTHETIC ORGANIC CONTAMINANTS 2,4-D Hexachlorocyclopentadiene Maximum Contaminant Level = 0.070000 mg/L Maximum Contaminant Level = 0.05 mg/L City of Lake Oswego = 0.000632 m /L Portland Water Bureau = 0.00008 m /L RADIOLOGICAL CONTAMINANTS Alpha Particles Uranium Maximum Contaminant Level = 15.00 pCi/L Maximum Contaminant Level = 30.000 ug/L Willamette River = 1.24 Ci/L Portland Water Bureau = 0.051 ug/L Willamette River = 0.013 u /L Radium 226 and Radium 228 (combined) Maximum Contaminant Level = 5.00 pCi/L Joint Water Commission = 0.89 pCi/L Willamette River = 1.21 Ci/L S'• ~ ~ !r~ -:h,~~ ~~u ~ i,Hf ca~\ c~l~ ti ^~lnl " a ~ 1j'v,^~t •'z : _ 4 Ay~•GE.cro 4 ~3 ftj s's~ y `tS z ~ 7dlitij' x ~a c $ ti4va~' t` i f ~ Ec.i}s~s~c ~~~~~c ' ~r~ "Y ~ St= ~ry ae7~ ` , zw~' - Nisi' =RH PROCLAMATION. M Arbor Day sing WHEREAS, in 1872, Arbor Day, a special day set aside for the planting of trees, was first celebrated in Nebraska; and ?r 4 WHEREAS, Tigard's urban forest of public and private parks and greenways is part of a larger ecology that spans from mountains to ocean and is integral to our region's water quality; and a a.w WHEREAS, our urban forest includes a diversity of trees that grace our city streets, parks and a greenways, provide habitat for wildlife, soften hardscapes, clean the air, protect water i resources, and ensure that everyone can experience natural beauty where we live, work and recreate; and WHEREAS, the City of Tigard recognizes that our urban forest is a necessity and is an integral' part of the city's infrastructure and ecosystems; and 'WHEREAS, we are committed to provide resources to maintain and enhance the urban RR;Lr forest; and WHEREAS, people of all ages and backgrounds, including citizens, civic organizations, businesses and city agencies, have formed partnerships to participate actively in the stewardship and caretaking of Tigard's urban forest; and r NOW, THEREFORE BE IT RESOLVED THAT 1, CRAIG DIRKSEN, Mayor of the City of ' Tigard, Oregon, do hereby proclaim April 10, 2008 to be: AMOR DAY in Tigard and encourage people throughout the entire city to become more involved with the i Irk r, ' planting and stewardship of the urban forest throughout the year of 2008. Dated this ~ day of --4 " ( 2008. 14`> 0 '~atf IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Craig E. irksen, Mayor City of Tigard f~~f Attest: z r;.;,a City Recorder e g r x x& ? s x ra M}~x '~5,. ,dR nt ~ ~riGif i '~Rfit ~ "1~•rr ~y"~f11~N:: ,r ~^,ga,yRfil~~~ i! a ~i ~.r~ 'a" ~xsl . fFy „ x . ~i"ra ~.++R r~'.._~~,. iQE~' rnic~•. 3 .,.It'. ~...:wFC v ~ ~ "`w'S,. AGLNDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: April 8, 2008 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION Agenda Item # `-3 Meeting Date April 8, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Presentation of Tree Stewardshi Awards Prepared By: Marissa Daniels Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Arbor Week 2008 Activities and Events STAFF RECOMMENDATION Present Tree Stewardship Awards to Costco Corporation and Cascade Education Corps and receive information about Arbor Week 2008 activities. KEY FACTS AND INFORMATION SUMMARY Arbor Day was first observed in Nebraska on April 10, 1874. The Nebraska State Board of Agriculture offered prizes to individuals and counties that planted the largest number of trees. It was claimed that more than a million trees were planted that day. By 1894, Arbor Day was being observed in all the states. Following this tradition, during the month of April Tigard, along with thousands of other local governments, state agencies, and civic organizations, celebrates the contribution of trees to community character and environmental quality. Because trees are such an important part of Oregon's history, economy, and environment, instead of just one day, the state of Oregon sets aside an entire week for Arbor Week activities. After meeting the National Arbor Day Foundation criteria, Tigard has been designated as a Tree City USA for the seventh consecutive year. The mayor will receive this award at an April 10 Arbor Day Celebration. Tigard continues to celebrate trees by: ■ Presenting Tree Stewardship Awards to Costco Corporation for a major tree planting effort at its Tigard site, and to Cascade Education Co ms for significant environmental restoration efforts; ■ Reading of the Tigard, 2008 Arbor Day Proclamation; ■ Mayor Craig Dirksen observing Arbor Day by planting trees at Templeton Elementary on April 10 with its second grade class (Council members, Tree Board and School Board are invited to attend); ■ Continued staff and budget support for the City Tree Board and a budgetary commitment to tree preservation, maintenance, and planting activities; ■ Ongoing community education and encouragement of tree protection and planting; and ■ Tree protection and tree planting requirements through the land development review process. Arbor Day is an important event for Tigard because its citizens value trees and other natural resources. Per Tigard's 2007 Community Attitudes Survey, 54% of its citizens `strongly support' regulations to protect existing trees and 30% `somewhat agree.' Attachment 2 details recent findings about the value of street trees in Portland, Oregon. I:\1,RPL.N\Counci1 Materials\2008\4-8-08 AIS Presentation oFTree Stewardship Awards.doc 1 Attachment 3 provides additional information about the community's efforts this past year to promote the benefits of trees. It is important to note an important policy accomplishment by the Tigard Tree Board. At Council's direction, the Board has developed Comprehensive Plan goals, policies, and recommended action measures pertaining to urban forest protection and enhancement. The Board has recommended these for adoption to the Planning Commission and Council. The Commission will begin the public hearings in April. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 4: Promote and honor good citizenship in Tigard. • Recognize good citizenship by individuals and groups. ATTACHMENT LIST Attachment 1: Arbor Week 2008 PowerPoint Attachment 2: USDA Forest Service research - March 2008 Attachment 3: Staff memorandum dated 3-25-08 FISCAL NOTES N/A 1:\1-RPLN\Counci1 Materials\2008\4-8-08 AIS Presentation of Tree Stewardship Awards.doc 2 !s r 4~fi •~Y~' i' Iii t ATTACHMENT 1 Zak ivbujc w....,k 20U0 April 7 - 11 Mub. 7 tv", -1 Isa~elebrte. • Attend a Tree Board meeting • Surf the new tree information web site at http.//www.tigard-or.go Y /community/treed • Read a book about Trees • Participate in the SOLV IT event on Saturday, April 19 • Evaluate your own landscaping • Help update Tigard's tree ordinances and standards For more information about any or all of these ideas, please visit the City's webpage at www.tigard-or.gov, or check the April Edition of Cityscape. z -NEW u 7 A re. It SSA Y We met the four requirements to become a Tree City USA for the Th consecutive Year. • We planted over 3000 trees this year in the City's vegetated corridors, parks, and a' USA or other or Day Founaation properties. r s s p I IE I ml ,r - _ r /1 'fix 'a 4 r 4 ::Celebration rb'0. v:D aY 4 y Thank you to the Alberta Rider second Ii' 3'- Q W , y = grade class who helped rx us plant trees last year on Arbor Day. _ ten' • This year, the second 1 ~ J -r - - c- graders at Templeton Elementary School will help us plant trees on their campus. rds. s, To further celebrate Tree canoS py accomplishments in Tigard during 2007, we would like to recognize the hard work of Costco and the Cascade Education Corps. :OStCO - pill •r, "h n ,xxi ~-~7' , .':'fir'.... .E+ f E " In 2003 the City Arborist r.k determined that many of the F ! , 1~1r; a trees planted at the time of ,irr J 4 III I construction did not survive. Following receipt of this information Costco quickly initiated a program to rectify the situation including meetings with City Staff and members of the Tree Board. • Costco performed the replanting job exceptionally well and in a timely manner. jr, - Cascade EU-'-Cation- Cyr p''s' r } .11 - T i , s 4x5 1 k j 'are.: .f „ e' • Cascade Education Corps (CEC) is a group of Tigard High School students that dedicate their time J ( 1 to community service based _r learning, and environmental restoration. K • Their efforts at Derry Dell Creek in Tigard go beyond the usual youth involvement. CEC has been a major supporter in the City's effort to transform .f°r , r s,. d•. ~ ay this urban creek overrun with ..y, - blackberry and ivy, to a healthy w _ stream vegetated with native plants. t _ ~t ~6 t'} F f. `.'hanlu. To all of our volunteers and residents who have planted and cared for trees over the past year. ATTACHMENT 2 D. Forest Service PNW Research Station PNW March The Value of Street Trees in Portland, Oregon< Main findings h. • Benefits of street trees in Portland far outweigh their costs. Estimated benefits are $45 million annually, compared to annual -a maintenance costs of $4.6 million. Street trees also increase annual property tax revenues for the City of Portland by $13 million. • Benefits of street trees spill over to neighboring homes. Therefore, r if left solely to homeowners, there will be too few trees from a community perspective. What are the benefits and costs of urban forestry? Urban trees have often been taken for granted in the past. However, urban sprawl and loss of open space have focused attention on the benefits of urban trees. By examining how trees affect house prices, we demonstrated that the benefits of street trees in Portland far outweigh their costs. What are Portland's street trees worth? Few previous studies have looked at the impact of street trees on the housing market, and those that did only examined the effect of the number of trees. In this study, we tested whether a wide range of tree attributes such as species, basal area, and height influenced sales price. We found that only crown area within 100 feet of the house, and number of trees fronting the house were significant. When combined, these two variables add an average of $7,020 to the price of a house, which is equivalent to adding 106 finished square feet to a house. Extrapolating our results to the entire city, the total value of Portland's street trees is $1.1 billion, which compounded into the future is equivalent to a perpetual benefit of $45 million annually. For comparison, the City of Portland estimates that the annual maintenance of Portland's street trees costs $4.6 million, of which $3.3 million is borne by private landowners. What are the property tax benefits of street trees? Assuming street trees also increase the assessed value of houses, they increase annual property tax revenues for the City of Portland by $13 million. Do street trees provide benefits to neighboring houses? The answer is yes. For example, a tree with a canopy cover of 312 square feet (the average for our study) adds $7,593 to the house it fronts. However, it also positively influences the prices of houses within 100 feet. On average, there are 7.6 houses within 100 feet of a street tree. Therefore, a tree with 312 square feet of canopy cover adds, on average, $9,241 to the value of neighboring houses. What do these spillover benefits mean? Currently Portland homeowners are responsible for the maintenance costs of the street trees outside their homes. Although these trees provide benefits to the homeowner, they also provide benefits to neighboring homes. As homeowners bear all the costs of street tree maintenance, but do not receive all the benefits, if the provision and maintenance of street trees is left to individual homeowners, there will be too few street trees in Portland from a community perspective. Therefore, the City of Portland should consider increasing its urban forestry investment by subsidizing the cost of planting more trees, or perhaps providing homeowners with a property tax break depending on the number and size of trees they maintain. In summary, our study indicates that the benefits of street trees in Portland far outweigh their costs. An increase in urban forestry investment in Portland is likely to yield substantial benefits. Contact: Geof Donovan, USDA Forest Service, Phone: (503) 808-2043, E-mail: gdonovan@fs.fed.us ATTACHMENT 3 MEMORANDUM TIGARD TO: Mayor Craig Dirksen and Members of the City Council FROM: Marissa Daniels, Assistant Planner; John Floyd, Associate Planner; Todd Prager, City Arborist RE: Arbor Week 2008 DATE: March 25, 2008 This memo provides additional detail about Tigard's Arbor Day 2008 activities. Additional information is presented as to why Costco Corporation and Cascade Education Corps are recommended to receive the City's Tree Stewardship Awards. National Arbor Day Foundation Requirements for Being a Tree City USA For the seventh consecutive year, the City of Tigard has met the National Arbor Day Foundation's four criteria to become a Tree City USA. These criteria are: 1. establishment and maintenance of a City Tree Board; 2. adoption and maintenance of a tree ordinance; 3. Arbor Day observances; and 4. a comprehensive community forestry program. The specific accomplishments of the community forestry program are that the City, in 2007, continued its street and park tree maintenance efforts, and an annual street-tree giveaway program for eligible property owners. In addition, over 3,000 trees were planted in the City's riparian corridors, parks, and other public properties. Recognition of the Efforts of Others It is also important to acknowledge the efforts of others to improve Tigard's environmental quality. For instance, Washington County Clean Water Services, Metro Green Spaces, and local civic organizations have also been responsible for significant tree planting and associated re-vegetation efforts in Tigard's natural areas. Businesses and non-profit organizations have also helped improve Tigard's environmental character. For example, the organization SOLV IT will hold an event on Saturday April 19, 2008, from 9:00 a.m. - 1:00 p.m., to remove English Ivy from Tigard's Ascension Trail. For more information, contact Carla Staedter in public works at (503) 718 2788. There are two organizations that staff recommends Council publicly acknowledge as outstanding contributors in 2007 to the City's tree planting and environmental restoration efforts. A certificate will be presented to Cascade Education Corps and Costco Corporation. Representatives from Cascade Education Corps will be there and we hope to get a representative from Costco as well. The Cascade Education CoMs is a group of approximately 15 students (per semester), from Tigard High School that dedicates their time to community service based learning and environmental restoration. The CEC has been a major supporter in the City's efforts to transform Derry Dell Creek, a tributary of Fanno Creek that has been overrun with blackberry and other invasive, non- native species. Over the past three years, the CEC has: ■ Cleared over three acres of blackberry and other invasive species from Derry Dell Creek's banks; ■ Installed 3,600 square feet of erosion control on steep portions; ■ Planted over 1,800 native trees and shrubs; ■ Taken on maintenance of a 2.5 acre section of creek restoration plantings including installation of mulch rings around 850 trees and shrubs; ■ Resolved erosion problems by locating and retrofitting numerous drainage pipes that discharged directly onto the creek's banks, and ■ Provided logistic and organizational support to volunteer efforts by marking planting locations and delivering plant materials In addition to work on Derry Dell Creek, the CEC restored a very steep, 5,000 sq. ft area of City owned riparian forest on 118`h Court. This included clearing, grubbing, and replanting of 650 native trees and shrubs. Costco Corporation has worked with enthusiasm and good faith with staff and the Tree Board to comply with tree-planting conditions associated with their original conditions of development approval. When the site was developed in the early 1990's extensive tree removal occurred, and the Planning Commission imposed a condition that parking lot trees would be planted to accomplish a 35% coverage in 20 years. However, the Tree Board and staff determined that the original trees either had not survived, or were failing to thrive, and the condition would not be met. Costco responded quickly by reconstructing the parking lot planters, providing irrigation and planting large caliper trees that are expected to meet the conditions of required parking lot canopy coverage. Because of Costco's willingness to work with the Tree Board and staff to resolve this matter and the excellent job done to replant the trees, it is proposed to recognize Costco as an exceptional corporate citizen. CITY MANAGER Citizen Communication Follow Up for the April 8, 2008, Meeting At the last City Council business meeting held on March 25, 2008, the following individuals testified during Citizen Communications to the City Council: • Connie Ramaekers, Erika Boudreau-Barbee, and Anna Lennartz, representing Tigard Turns the Tide were present to talk to the City Council about preventing and reducing underage drinking. Council members viewed a video clip and were invited to attend an event on April 3, 2008, to help with efforts to prevent and reduce underage drinking. • John M. Kearney submitted comments concerning Tigard Triangle Local Improvement District #1. Mr. Kearney owns property located within the LID. A copy of his remarks as well as additional information (Outline of Procedural and Substantive Issues Relating to Ordinance No. 80-03) he submitted to the City is attached. Mr. Kearney asked the City Council to review this information and take appropriate action. I:\ADM\Cathy\CCM\citizcn communication follow up\080408.doc Citizen Communications April 8, 2008 Page 1 Cathy Wheatley From: Cathy Wheatley Sent: Friday, April 04, 2008 9:51 AM To: Councilmail Councilmail Cc: Tom Coffee Subject: FW: ImageRunner 8500 Document Attachments: 3107_001.pdf Hello Mayor and Council, Attached is the letter that Mr. Kearney submitted into the record during Citizen Communications on March 25, 2008. As I recall, I think he only gave me a copy of his written remarks, so I'm passing them along to you. Community Development staff is reviewing the issues Mr. Kearney submitted. This will be scheduled on the follow up to Citizen Communications for an update at the April 8, 2008, Council meeting. Cathy From: ir8500@tigard-or.gov [mailto:ir8500@tigard-or.gov] Sent: Friday, April 04, 2008 7:01 AM To: Cathy Wheatley Subject: ImageRunner 8500 Document John M. Kearney 2508 NE.24' Ave Portland, OR 97212 (503) 806-1406 Notes for Tigard City Council Meeting March 25, 2008 On February 26, 2008, Tigard City Council declared an emergency and adopted Ordinance No. 08-03, approving Tigard Triangle Local Improvement District #1. At that meeting, Council Member Buehner noted that Dartmouth Townhomes, LLC, owner of property located on Dartmouth Street between 69th and 7& Avenues, should be given special consideration regarding the amount of their financial contribution to the District. This was based on the fact that Dartmouth Townhomes would have purchased improved property, contributed land to widen Dartmouth Street, and be required to pay for the property to be developed a second time. Council Member and Mayor Dirksen also noted that Dartmouth Townhomes should receive additional consideration in light of the residential nature of the development. Dartmouth Townhomes remains committed to discussing its equitable portion of the District assessment. I invite Mayor Dirksen and the City Council to enter into a dialogue with us regarding the development and re-development of the property. Finally, I note that City Engineer, Gus Duenas, and City staff have repeatedly ignored or stepped on the property rights of property owners in the District. While the instances are too numerous to read in my allotted timeframe, I am attaching a sheet which outlines a few of Mr. Duenas's and his staffs transgressions and urge Mayor Dirksen and City Council Members to review this information and take appropriate action thereon. Respectfully submitted, John M. Kearney Outline of Procedural/Substantive Issues Relating to Ordinance No. 80-03 On February 26, 2008, Tigard City Council declared an emergency and adopted Ordinance No. 08-03, approving Tigard Triangle Local Improvement District #1. On January 22, 2008, City Council held a public hearing on the District. After hearing testimony, City Council directed changes to the proposed district, directed that staff conduct a meeting with owners to describe the changes and receive comments, and continued the hearing to February 26, 2008. Council Member Buehner rebuked City Engineer, Gus Duenas, for his failure to comply with basic procedural notice rules. Prior to the January 22 meeting, City staff failed to provide any meaningful financial information. regarding the proposed assessments, including amount of assessment, bond repayment period, and interest rates. After more than 20 minutes of research on the City's website, I stumbled upon the financial information. The assessment for Dartmouth Townhomes, LLC, ("DTLLC) was more than $120,000. Many property owners who attended the meeting had never seen the information prior to the meeting. On February 6, 2008, Mr. Duenas and a representative from Group Mackenzie met with property owners. This time the staff was more prepared. They came bearing formal binders including engineered plans. The financials reflected the removal of several properties from the District. The new price tag for DTLLC was more than $130,000, or more than $17,000 per year for 10 years. I suggested to Mr. Duenas that DTLLC be permitted to build its own portion of the District. He said he would look into it. I also asked the Group Mackenzie representative whether he had considered using a traffic- impact approach on the Dartmouth Street improvements. He responded that he had not. On February 26, 2008, Tigard City Council met to discuss the pared-down District. In the agenda prepared for the February 26, 2008 meeting, City staff included a "declaration of emergency" for the adoption of the ordinance. During his staff recommendation at the meeting, Mr. Duenas repeated that this was an emergency situation. This was based on completing development during calendar year 2008. This "emergency" situation was Mr. Duenas's own doing. But for his failure to provide proper notice to the parties in a timely manner and to provide them with all applicable materials to allow them to make an informed decision, he would not have had to plea for an emergency adoption of the ordinance. When the government's desire to finish a project by a time certain takes precedence over federal and state rights of property owners, and limits their access to information and time to seek counsel thereon, there is something wrong with the system. In the agenda prepared for the February 26, 2008 meeting, City staff addressed two requests by owner/developers to be removed from the District and to be permitted to develop their portion of the District. DTLLC's request was denied. Staff recommended that they remain in the District because there were no means to ensure timely completion of work, if at all. At the meeting, Mr. Duenas insisted that this was because the City would have no leverage over DTLLC. Mr. Duenas would do well to speak with Mike White of the City's Public Facility Improvement (PFI) section about the rigors and bonding issues facing DTLLC on the PFI portion of the development. In contrast, City staff has permitted the owner/developer of the median on SW 6e Parkway (who shall remain nameless out of re-specht for his privacy) to remove its property from the District for self-development. Fundamental fairness would dictate that likes be treated alike. In the February 26, 2008 agenda, City staff stated that DTLLC was under a restrictive covenant to participate in future improvements to Dartmouth Street. The word "under" indicates a past tense - that the form had been submitted. Mr. Duenas repeated this during his staff recommendation at the meeting. Again, a past tense reference that the proper forms had been submitted to, and approved by, the City. Under the rules of order, Mr. Duenas's statement could not be refuted or addressed at the Council meeting. The required form "Waiver (Non-Remonstrance Agreement)," is a city form which requires the signature of the City Engineer. As City Engineer, Mr. Duenas surely should have known whether he had signed such a document. In fact, DTLLC has not even submitted this document. In my opinion, Mr. Duenas's misrepresentations were more thansimple negligence, as in the case of failing to notify property owners about a meeting. Taken with the desire to complete the District in 2008, they represent material misstatements of fact which the Council acted upon and which could result in claims of official misconduct. Mr. Duenas should remember that the taxpayers pay his salary and that he should not be so cavalier or callous when spending their money. Under Site Development Review 2007-00008 ("SDR" DTLLC is required to execute a restrictive covenant for future development of SW Dartmouth Street adjacent to the subject property. DTLLC is not required to file this until prior to the final building inspection (see pp. 45 of SDR). DTLLC is willing to discuss this matter with the City so that both its development and the District development can be completed in a timely manner. I look forward to hearing from the City Council regarding these matters. Respectfully submitted, John M. Kearney MEMORANDUM TO: Honorable Mayor & City Council Agenda Item No. , ~2 _ a For Agenda of April 8, 2008 FROM: Cathy Wheatley City Recorder RE: Three-Month Council Meeting Calendar DATE: March 4, 2008 Regularly scheduled Council meetings are marked with an asterisk April 1 Tuesday Special Council Meeting -joint Meeting with Metro Council President Bragdon and Councilors Hosticka and Harrington - 6:30 p.m., Town Hall 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 28 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 29 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium May 5 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 6 Tuesday Special Council Meeting - Comprehensive Plan Workshop - 6:30 p.m., Town Hall 12 Monday Budget Committee Meeting - 6:30 pm, Library Community Room 13* Tuesday Council Business Meeting - 6:30 pm, Town Hall 19 Monday (If needed) Budget Committee Meeting - 6:30 pm, Library Community Room 20 Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27* Tuesday Council Business Meeting - 6:30 pm, Town Hall June 3 Tuesday Special Council Meeting - Comprehensive Plan Public Hearings - 6:30 p.m., Town Hall 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall l:\ADM\City Council\3-month calendar for 090408 cc mtg.doc Agenda Item No. 5 6 Tigard City Council Tentative Agenda 2008 Meeting of ~ er / / ~ U b Meeting Date: April 1, 2008 Meeting Date: April 8, 2008 Meeting Date: April 15, 2008 Meeting Type/Time: Special/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting TypelTime: Workshop/7:00 Location: Red Rock Cr. Conf. Location: City Hall Location: Lake Osw. City Hall Greeter: Greeter: Greeter: Materials Due @ 5: March 18, 2008 Materials Due @ 5: March 25, 2008 Materials Due @ 5: April 1, 2008 Councilor Woodruff Absent Special Meeting Study Session Joint Meeting with LO and IWB Meeting with Metro Council President Bragdon and Joint Meeting with Intergovernmental Water Councilors Hosticka and Harrington Board -Dennis K.- 30 min. - NEED PPT Joint Meeting with LO and IWB at 7:00 p.m. IN RRCCR in Lake Oswego Exec. Session - Pending Litigation - 10 min. Discussion of Transportation and Urbanization Issues - Ron B. - 90 min. Consent Agenda LCRB-Approve BA #13 for Citywide Organizational Assessment - Joe B. - RES LCRB- Approve Amend. For Design Contract for Burham St. Improvements. - Gus. D. - MO Business Meeting THS Student Envoy - 10 min. Arbor Day Proclamation - Marissa D. - 5 min. Present Tree Stewardship Awards -Marissa D. PPT - 15 min. Qtrly Report - Capt. Dawson - TVF&R 10 min. QJPH - Cross Annexation - ZCA 2008-00001 - Emily E.-15 min. - ORD Info PH - Finalize Sewer Dist. 44 (Cherry Drive) - PPT - RES - Gus D. - 15 min. CCDA - Adopt Downtown Implementation Strategy - Phil - 30 min Time Avail: 135 min. - Time Scheduled: 100 min. Time Avail: 200 min. - Time Scheduled: 200 min. Time Left: 35 min. Time Left: 0 mins. 4/1/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: April 22, 2008 Meeting Date: April 28, 2008 Meeting Date: April 29, 2008 Meeting Type/Time: Business/6:30 p.m. Meeting TypelTime: Budget Com/6:30 p.m. Meeting TypelTime: 5th Tuesday/7-9 p.m. Location: City Hall Location: Library Com Rm Location: Water Building Aud. Greeter: Greeter: Greeter: Materials Due @ 5: April 8, 2008 Materials Due @ 5: Materials Due @ 5: Councilor Buehner Absent Study Session Fifth Tuesday Meeting Budget Committee Meeting Consent Agenda Adopt Washington Co. Natural Hazard Mitigation Plan & COT Natural Hazard Mitigation Plan Approve Senior Center Remodel Phase II - CDBG Funding Agreement - Duane R. Annual Solid Waste Financial Report - SI Public Works Business Meeting Chamber of Commerce Rep. - 10 min. Be Kind to Animals Week Proc. - Joanne - 5 min Building Safety Week Proc. - Brian B. - 5 min. Wash. Co. Resp. to Senate Bill 111-Chief D.-20 min. Report from DEQ Rep on Health Effects of Wood Smoke - Cathy W. - 20 min. Update from the Tigard-Tualatin Family Resource Center - Cathy W - 15 min. Annual Vol. Prog. Update - Bob R. - PPT -15 min. QJPH -Appeal of Director's Interp. of Tree Code MIS 2008-00005 - Tom C. - 30 min. - MO Council Goal Update - SI - Admin. - 15 min. Time Avail. 135 Time Scheduled 135 min. Time Left 0 min. 1 4/1/2008 Tigard City Council Tentative Agenda 2008 Meeting Date: May 5, 2008 Meeting Date: May 6, 2008 Meeting Date: May 12, 2008 Meeting Type/Time: Budget Com/6:30 p.m. Meeting Type/Time: Special Mtng./6:30 p.m. Meeting Type/Time: Budget Com/6:30 p.m. Location: Library Com Rm Location: City Hall Location: Library Com Rm Greeter: Greeter: Greeter: Materials Due @ 5: Materials Due @ 5: April 22, 2008 Materials Due @ 5: Special Meeting Comp Plan Workshop - Goal 2: Land Use Budget Committee Meeting Planning - 60 min. Budget Committee Meeting Comp Plan Workshop - Urban Forest (subsection of Goal 2: Land Use Planning) -60 min. Time Avail: 135 min. - Time Scheduled: 120 min. Time Left: 15 min. 4/1/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: May 13, 2008 Meeting Date: May 19, 2008 Meeting Date: May 20, 2008 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Budget Com/6:30 p.m. Meeting Type/Time: Business/6:30 Location: City Hall Location: Library Com Rm Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: April 29, 2008 Materials Due @ 5: Materials Due @ 5: May 6, 2008 Study Session Workshop Meeting Exec. Sess. (Labor Neg.) - Continued discussion Meeting with Judge - SI - Nadine R. - 30 min. on Class/Comp Study - Sandy Z. - 60 min. Budget Committee Meeting Enhanced Citizen Participation Update - SI - (if needed) Admin. - 20 min. Tigard Triangle Land Use and Transportation Issues - Kim M. and Ron B. - 45 min. Consent Agenda Comp Plan Workshop - Goal 5: Natural Resources - Alternative 1 Darren W. - 60 min Meeting with ODOT Region 1 Manager - Jason Tell - Gus - 20 min. Business Meeting THS Student Envoy - 10 min. Last Meeting for Megan - Council resolution 1-5 to 99W Connector Project Update - Gus D. - PPT - 20 min. Amendments to Comp. &Trans. System Plans to incorp. 99W Mgmt. Plan and CAC Rec. -Gus -40 min. Time Avail: 135 min. - Time Scheduled: 70 min. Time Avail: 200 min. - Time Scheduled: 155 min. Time Left: 65 min. Time Left: 45 min. 4/1/2008 1 Agenda Item # Meeting Date April 08, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A resolution approving budget amendment #13 to the FY 2008-09 budget to increase appropriations in the Human Resources budget within the Policy and Administration program to reflect the costs associated with a City-wide Organizational Assessment. Prepared By: Joe Barrett Dept Head Approval: City Mgr Approval: GIP ISSUE BEFORE THE COUNCIL Shall the City Council approve Budget Amendment #13 to increase appropriations in the Policy and Administration Program budget to reflect the costs associated with a City-wide Organizational Assessment? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #13. KEY FACTS AND INFORMATION SUMMARY In support of the Complete Community Initiative to align resources and activities, the City is in need of a City- wide Organizational Assessment. This assessment will be conducted by the Corragio Group and will be managed by the Human Resources division at an estimated cost of $45,000. This item was not anticipated during the FY 2007-08 budget preparation. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS N/A ATTACHMENT LIST Resolution including Attachment A.. FISCAL NOTES This amendment reduces the Central Services Fund contingency by $45,000. \\tig20Ynetpub\tig2O\w motkforms\fo" docs\council agenda Rem summary sheet 07.doc Agenda Item # Meeting Date April 8, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award of a Contract Amendment for Design Services for Phase 3 ()3urnham Street Improvements, of the Tigard Downtown Comprehensive Streetscape Project. P'U4 repared By: G. Berry "RDept Head Approval: City Mgr Approval: -3/d ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the Local Contract Review Board approve a contract amendment for design services for Phase 3 (Burnham Street Improvements) of the Tigard Downtown Comprehensive Streetscape Project? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, approve Contract Amendment No. 5 in the amount of $152,484. KEY FACTS AND INFORMATION SUMMARY ■ The Tigard Downtown Comprehensive Streetscape Project consisted of three phases: • Phase 1 - Preparation of the Tigard Downtown Streetscape Design Plan. This established the comprehensive streetscape plan for the entire downtown area and formed the basis for Phases 2 and 3. • Phase 2 - Commercial Street Streetscape Project • Phase 3 - Burnham Street Improvements ■ OTAK, Inc., was selected via a competitive selection process to perform all three phases of the project. ■ On November 8, 2005, the LCRB (Local Contract Review Board) approved the contract award to OTAK, Inc., to provide design services for Phase 1 of the Tigard Downtown Comprehensive Streetscape Project. ■ On July 18, 2006, the LCRB approved the contract award to OTAK, Inc., for Phase 3, which authorized the detailed project design for the Burnham Street Improvements. The original contract award for Phase 3 was $463,525 with an additional amount of $46,353 to be reserved for contingencies and applied as needed as the design of Burnham Street progressed. ■ Previous contract amendments in total have not exceeded 25% of the original contract amount. Any amendment that, when added to previous amendments, results in a total exceeding 25% of the original contract amount requires LCRB approval. Proposed Amendment No. 5, when added to the previous amendments, results in an overall increase of 56% and requires LCRB approval. • The work included in the proposed amendment is detailed in the attached February 27, 2008 OTAK, Inc., Amendment No. 5 Proposal. Work includes design changes, additional utility and contaminated sediment remediation coordination and additional right-of-way acquisitions. The intent of the proposal is to complete all work required to begin construction on Burnham Street this summer. ■ The proposed total contract amount with all amendments to date is $723,314 shown as follows. Original Contract Burnham Street Improvements $463,525 Amendment No. 1 Drainage design revision $ 14,110 Amendment No. 2 Burnham and Ash intersection revisions $ 43,305 Amendment No. 3 Time extension - Amendment No. 4 Revision for Fanno Creek Park $ 49,890 Amendment No. 5 Currendy proposed $152,484 Total $723,314 OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Street improvements to Burnham Street meet the Council Goal to "Implement Downtown Plan." ATTACHMENT LIST Attachment No. 1: OTAK, Inc., February 27, 2008, Proposal FISCAL NOTES The current balance in the FY 07-08 CIP for the project is $715,000. Anticipated expenditures for the remainder of the fiscal year are $420,054 leaving a balance of $294,946. This amount is adequate to fund the proposed amendment. i:Wn012007-20081y dpibumham street improvement 0353 - Ua0reements - noa - ntp%otak\ais 4-8-08 amend 5.doc Attachment 1 i.. 0, 17355 sw boones ferry road lake oswego, oregon 97035-5217 (503) 635-3618 fax (503) 635-5395 www.otak.com February 27, 2008 ol r ~O Vannie T. Nguyen A D City of Tigard "~~G► Q 13125 SW Hall Boulevard Tigard, OR 97223 RE: Burnham, Main-Hall / Tigard-Otak Project No. 13952 Request for a Contract Amendment (#5) - Cost to Complete Dear Vannie: We are submitting this request for a contract amendment to cover the anticipated design costs. that will bring this project to completion. This request is in addition to the recent contract amendment that accommodates the design changes related to incorporation of the Fanno Creek Park project. Included in this request is detailed information of the work accomplished to date and the work that needs to be done by the project team so we can begin construction of the-project in the late spring of 2008. The SW Burnham project has been significantly delayed due to the lack of cooperation from the public utility companies. We have also encountered a number of unanticipated situations such as the proposed Fanno Creek City Park, challenging right-of-way (ROW) acquisitions, and hazardous materials contamination in the drainage channel between Stevens Marine and the Dolan house. We will continue to aid the City in resolving these issues. These issues have had a serious impact on the project budget. We are now in a situation where there is still a considerable amount of work to complete, but the project funds are almost exhausted. Otak has made a significant investment of manpower and talent in this project and we would like to see the project advance to construction. Please give serious consideration to our request for supplemental funding so we can complete the design work. I . Project Administration The original schedule to complete the design phase of the project was seven (7) months. L:\Project\13900\13952\Contract\Burnham Contract Amend-5.022608 tkw.doc creativity, integrity, and skill • strengthening our communities • performing exciting work serving our clients Vannie T. Nguyen Page 2 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 (Notice to Proceed: July 28, 2006, to Final plans, Specifications, and Estimate: February, 2007) The project schedule called for construction to begin in the spring of 2007. As of January 2008, the project has been in the design phase for 18 months. The final plans are not expected to be completed until April 2008. The design phase of the project will have lasted 21 months or three times longer than the original schedule. The long duration of the design phase has had many significant impacts: • There have been ten (10) formal progress meetings with City staff. According to the original schedule, there would have been approximately three (3) meetings. Therefore, due to the long duration of the design phase, seven (7) additional meetings have been held so far. • To maintain communication among team members, Otak will have conducted approximately 28 additional team meetings during the design phase (at two (2) meetings per month). • The long design phase has resulted in numerous additional meetings with City staff and other consultants working for the city. • The long design phase has resulted in multiple refresh-start-stop efforts by the design team to update the project design as items are resolved by the City. • Otak has produced 11 additional months of progress reports to date. If the design is completed in April 2008, Otak will have produced a total of 14 additional progress reports. The budget for the Project Administration and Meetings Task was developed based on the seven (7) month project duration. The budget for this line item is $13,000. Actual expenditures are $13,300, indicating an over-expenditure of only $300. However, as the project continued well beyond the seven (7) month schedule, these activities were billed against the Roadway Design Task. We estimate that approximately $46,000 has been charged to this task, thereby reducing the available budget of the Roadway Design Task. The adjusted budget for Roadway Design is $146,923. To date, $148,962 has been charged to this task leaving a negative balance of $2,039. We recommend that the past additional expenditures for this work remain under the Roadway Design Task. Later in this document, additional funds for Roadway Design will be requested to cover the programmed engineering work that remains to be completed. The amount that is needed to complete the project administration task between January and May 2008, is $12,841. This will cover the additional meetings, progress reports, and other L:\Project\13900\13952\Contract\Burnh2m Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 3 Request for a Contract Amendment (#5) - Cost to Complete February 27, 2008 related administrative project efforts for this five (5) month period. When approved by the City, we will allocate the additional funds to the Project Administration Task. 2. Completed Design Revisions There have been numerous occasions where the City has directed additional work or revisions to completed work. These include: • Median Removal - TVFR Driveway Accesses. • Median Removal - Turning movements into the Miller Auto repair business (03/15/07). • Median Removal - Turning movements into NW Preferred Credit Union (03/12/07). • City directed that Johnson's driveway onto Burnham be re-established as part of a negotiated settlement regarding right-of-way dedications. The proposed south driveway onto Ash Avenue is to be deleted (10107). • Redesigned the street improvements on the Dolan house frontage to preserve the existing front porch and avoid a costly acquisition. Individually, each of these small tasks can be completed in a few hours or less. However, taken together, they do increase to an amount of some significance. We estimate that the cost of performing these additional services was $3,400. Additional funding is not requested for these tasks provided that it is understood that the effort that went into these activities did in- fact decrease the available staff hours to complete the primary roadway design tasks. 3. Completed Additional Work Over the past several months, the City has directed Otak to provide additional work outside the current scope of services. The additional work tasks include: • Develop and provide composite right-of-way maps to assist in the right-of-way acquisition efforts - November 2007. • Provide extensive assistance to the City's consultant, Right-of-Way Associates (ROWA), in the performance of their work to acquire the right-of-way for the project. This assistance was provided in the form of e-mails, phone calls, meetings, and explanatory graphics. • On multiple occasions, Otak provided assistance and coordination to the City's consultant for Ash Avenue improvements, Century-West. Otak provided the majority of the design work for the extension because of the Ash/Burnham intersection configuration. L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 4 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 • Otak advised the City that the left turn movements from west bound Burnham to north bound Ash Avenue would have serious impact on the available on-street parking spaces west of Ash Avenue. At the City's request, Otak and DKS conducted an alternatives analysis to determine how to maximize the number of on-street parking spaces and to keep the intersection operating at a desirable capacity. (September 7, 2007). The traffic design was resolved and the City directed Otak to remove the left turn pockets from Burnham and redesign stormwater quality facilities to accommodate additional on-street parking. • TVFR objected to on-street parking on the south side of Burnham across from the fire station because they felt that the turning movements would be hampered by vehicles parked on the street. Otak provided an AutoTurn analysis of the fire vehicles to show that the fire vehicles could make the turns without hitting parked vehicles on the street. • Otak provided assistance to Rob Murchison, Tigard Water, and his consultant, David Walters of Moore Iacofano Goltsman (MIG, Inc.), in the form of construction plans and responding to questions from the consultant that is designing a water feature and landscaping at the corner of SW Hall Boulevard and SW Burnham Street. (11/1/07, 11/16/07,12/09/07) • Otak created and distributed extra strip maps for City staff and its consultants. (06/26/07, 10/08/07,10/18/07,10/19/07) • Otak provided assistance to the City's consultant, Bob Johnson of Walker-Macy, and their subconsultant, Paul Dedyo of KPFF, to help them with the design of the new city park. We have provided plans, attended meetings, and reviewed and commented on the park proposals. (6/22/07, 9/18/07, 9/25/07, 10/07/07) Similar to the Completed Design Revisions discussed above under # 2, each of these tasks appear to be insignificant. However, that is not the case. Each task did consume many valuable staff-hours and consequently reduced the budgeted hours available to complete future tasks. We estimate that the cost of performing these additional services was more than $29,000. Additional funding is not requested for these tasks, provided it is understood that the effort that went into these activities did in-fact decrease the available staff hours to complete the roadway design tasks. 4. Pending Design Revisions During the past few months, many of the project design issues that have delayed our progress are beginning to become resolved. Also, newer issues have surfaced. Otak now has a significant backlog of pending design revisions that we need to begin to address. However, LAProject\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 5 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 due to the potential impact to the existing budget, we have not yet started work on these revisions. These particular design revisions are listed as subtasks below. The City has directed Century West to develop a street construction plan for SW Ash Avenue that can be built in 2008, to serve the soon to be opened Westside Commuter Rail system. The north half of this route can be built in its final form, but the southern half will be an interim street segment. The southern portion of this roadway will be removed to accommodate the Burnham Street project in 2009. In an effort to conserve costs and reduce demolition of new improvements, Otak will be working with Century West to coordinate the Ash Avenue improvements and utility systems. (Task 4.1 A) In an e-mail received from Brett Cochran, City of Tigard, on December 10, 2007, the City is directing Otak to make a number of revisions. Otak has not yet initiated action on the following revision requests: • City directed Otak to revise the TVFR frontage design and provide bulb-outs on each end of the site, relocate a drainage facility, revise the driveway, and adjust the driveway grade to create a flat transition from the driveway to the street. This issue needs to be discussed further to develop a preferred alternative and scope of work for this proposed design revision. (Subtask 4.1 B) • Otak is to revise the design and remove the median that obstructs the turning movements into the east driveway at the Burnham Business and Storage property. (Subtask 4.1 C) • Otak is to assist the Burnham Business and Storage property owners by providing design information that will assist them in revising the gate and keypad access to the property. (Subtask 4.1 D) • Otak is to assist the Henderson Property owner by providing design information that will assist them in relocating the fire suppression vault. (Subtask 4.1 E) As a result of a meeting on December 12, 2007, with the Chief of Police, public works representatives, Verizon, and Kim's Embroidery, it was resolved that there needs to be a separate driveway for each property. The following design revisions will be made in the near future: • Median removal to facilitate truck turning movements and fire protection for Kim's Embroidery and the design of a driveway to provide access to the site. - (12/12/07) (Subtask 4.1 F) • Median removal to facilitate turning movements for Verizon truck traffic and the design L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 6 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 of a single combination driveway that will meet the operational needs of Verizon and the Tigard Police - (12112107) (Subtask 4.1 G) More recently, the City desires to have the median constructed on the eastern portion of the project. The City is negotiating with Verizon and Kim's to utilize a single, common driveway. Both Verizon and Kim's are considering this proposal. Otak is to assist the Stevenson Property owner by providing design information that will help them in relocating the fire suppression vault. (Subtask 4.1 H) In addition, Otak will be revising the right-of-way maps to incorporate the new PUEs identified by PGE. (Subtask 4.11) We have developed an individual estimate for each of these subtasks. On the spreadsheet they are labeled as Subtask: 4.1 A to 4.11. We request that the Roadway Design budget be increased by $14,652 to cover the cost of this future work. 5. Utility Design The underground utility system design is not complete because of the lack of cooperation from the utility companies. PGE has just recently finished with their system design after 18 months of work. For major utility undergrounding projects like the Burnham Street project, the design method follows a similar sequence: PGE identifies their needs and trench location first and then the smaller utilities will work from that backbone system. System designs are dependent on a base plan from PGE. This is the approach Otak took with parties from the very first meeting. To date, seven (7) full-group utility coordination meetings have been conducted: • September 26, 2006 • December 20, 2006 • April 5, 2007 • April 11, 2007 (PGE, CoT, Otak specific) • June 12, 2007 at CoT • July 11, 2007 • October 10, 2007 at CoT L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 7 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 In May of 2007, the City debated internally whether or not to require PGE to use an "urban" underground standard and place transformers and switch units in underground vaults. The urban standard calls for expensive waterproof transformers and switches. PGE had planned their system to meet a "suburban" underground standard. This standard calls for underground ducts and vaults and above ground cabinets for non-waterproofed transformers and switches. PGE intended to charge the City for the additional costs related to the special waterproofed electric gear under the urban standard. The "suburban" standard also calls for placing the above ground cabinets and electric equipment outside the sidewalk areas in public utility easements on private property. The City elected to forego the additional expense and accept the "suburban" standard offered by PGE. In June 2007, the roadway design plans at the intersection of Ash Avenue and Burnham Street changed from a roundabout to a 4-leg intersection. This required PGE to redesign their system, and subsequently Otak had to orchestrate these modifications with other utilities as well. Otak produced new utility schematic plans and delivered them to parties for review prior to the July 2007, meeting. At the July 11, 2007, meeting, PGE and Verizon indicated there were other providers on the poles: ELI/Integra and Time Warner. Prior to the meeting, these utilities had not been identified or mentioned, even though PGE knew that they were on their power poles. It took 20 days for. PGE to help identify who they had permitted on their poles, and to divulge names and numbers for us to make contact with the providers. To date, ELI/Integra has actively participated in providing proposed plans. However, nothing has been received from Time Warner. In August 2007, PGE was notified about several outstanding issues that were of concern to the City: • The City wanted PGE to move the large above ground switch cabinet from the Zuber property to the Johnson property. • PGE planned to locate a vault in the north leg of Ash Avenue outside the planned right-of- way acquisition area of the Johnson property. • PGE planned to install a conduit and vault system in the sidewalk area of Main Street from Burnham to Commercial Street. Several weeks later, PGE replied that they were not in favor of any of the requested alterations. L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 8 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 On August 30, 2007, PGE switched project managers and Milo Starr became the new contact person. PGE indicated the plans were done and that Milo could make any modifications to the design developed by the former manager, Ken Gutierrez. After the October 10, 2007, meeting, PGE actively began looking into alternative design options on the outstanding issues. Another set of Otak's composite and schematic plans were sent to Milo to compare with Ken Gutierrez latest design (June 2006). In November 2007, PGE provided new information about the need for easements and the sizing of those easements. It was clarified that many of the transformers would actually need to have PUEs because they were considered "shared" between properties, serving more than one customer. On December 6, 2007, PGE and Otak walked the entire job, property by property to identify possible solutions to outstanding items, and to make modifications to the plans that had been previously submitted. From that work, it was determined that at least 6-7 new easements, that were not previously identified, would be needed. Otak has finally received the modified plans from PGE and has proceeded with writing the public utility easement legal descriptions needed for the acquisition efforts. Outstanding Tasks to Complete: 1. City has directed Otak (Cochran, 12/10/07) to work with Century-West and PGE to revise the current engineering plans and relocate a large vault to the sidewalk area at the northeast corner of the intersection of Burnham and Ash on the property that is being acquired from Forrest Johnson. (Subtask 4.5 A) 2. PGE must complete their electrical design plans and identify the preferred locations for public utility easements. Otak will confirm the acceptability of the easement locations and sizes and will write the legal descriptions. (Subtask 4.5 B) 3. Time Warner must complete their communications cable design and submit plans to Otak. If the design is acceptable, Otak will create the schematics and composite plans. (Subtask 4.5 C) 4. A final design coordination meeting needs to be held so that parties are informed and aware of current plans. (Subtask 4.5 D) 5. A Construction Protocol agreement needs to be developed by the City and be formally agreed upon with the affected utilities. The agreement needs to cover: costs, responsibilities, schedule, memorandum of understanding, and other related issues. (Subtask 4.5 E) L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 9 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 These five (5) subtasks are estimated to take 80 - 100 hours of Otak staff time. In addition, Otak provided considerable assistance to the City's pothole contractor, Vac-X. Otak provided three (3) roll maps to Vac-X, clarified pothole requests, and conducted additional surveying to mark the project centerline stations so that Vac-X had a physical reference system to document the pothole information. Otak worked with Vac-X in the field on multiple occasions in early March, 2007. The original design budget for the Utilities Task included the underground utilities systems, the public water main, and sanitary sewers. The adjusted budget for this task is $69,769. To date, $69,295 has been charged to this task, leaving a remaining balance of only $473. To complete the project design, we estimate that there needs to be an increase of $15,396 just to cover the public utilities portion of this task. Adjustments to the water main portion of the task are discussed below. It is unfortunate that the utility design phase of the project has taken so long and cost so much. However, the undergrounding design for facilities owned by eight (8) different utility companies is an extremely critical phase of the project design. Any errors in the design could have a potentially adverse effect of the success of the entire project. But in the long run, the removal of the aerial wires will make a significant improvement to the developing downtown area. 6. Water Main Design The contract specifies that Otak is to design an upgraded water main system under Task 4.4. To minimize on the design costs, Otak was to utilize the design work produced by another consultant in 2001. However, we found existing utility ducts and vaults to be in a variety of alignments that were permitted by the City. There was not a clear alignment for the water main, which then made the water main design extremely difficult. The currently proposed alignment essentially "snakes" around the existing permitted utility facilities. The design of the water system is not yet complete. The profile of the water main between SW Main Street and SW Ash Avenue has not been finalized because of potential conflicts with the storm drainage system. This segment of the storm sewer cannot be completed until issues are resolved with: the future park and water feature design; the contamination problems with the Stevens/Dolan drainage channel; and the water quality treatment issues related to areas north of Burnham Street. L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 10 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 Further, pending revisions to driveways, the planned utility systems, water quality planter locations, and bulb-outs directly affect the placement of hydrants and water meters. Until these other facilities are finalized, the water main design cannot be completed. As other issues that affect the water main are resolved, we estimate that we will still need to spend 54 staff hours to complete the plans at a cost of $5,088. (Subtask 4.4) 7. Survey Services and Legal Descriptions The original budget of the Design Survey Task included the subtasks of horizontal project control, topographic survey, a digital terrain model, base maps a preconstruction Record of Survey, and 20 legal descriptions. This task was expanded to include additional survey work for the Stevens/Dolan channel and the revision of the roundabout intersection. During the design of the project, the Survey Task was further expanded in response to immediate and critical needs of the project. Otak was asked to make multiple revisions to the legal descriptions as individual site problems were resolved. The scope of services was expanded to include legal descriptions for public utility easements. Otak provided valuable assistance to the utility potholing research effort. Otak provided close support to the City's consultant provided acquisition services for the project. The contract specifies that Otak will write up to 20 legal description documents for acquisitions and easements. This is a subtask to the primary task - Design Survey. This task is still not complete because of driveway consolidation proposals, unspecified public utility easement locations, and an incomplete design of the stormwater disposal system. Further, the task has been expanded by the City such that Otak is to provide: 27 right-of-way legal descriptions; 21 right-of-way maps; 19 construction easement areas marked on the right-of- way maps; 21 driveway maps; 24 public utility easement descriptions; and 17 public utility maps. When this task is completed, Otak will have produced 129 documents to assist in the acquisition of the right-of-way and easements. This is far beyond the original contract that anticipated only 20 legal descriptions. The Otak survey staff provided assistance to the City's right-of-way agent, ROWA. They assisted ROWA with technical information and assistance to aid in the acquisition process. This was in addition to the written legal descriptions provided for the right-of-way dedications and public utility easements. L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 11 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 In February 2007, the City hired Vac-X to physically locate certain existing underground facilities that could potentially conflict with proposed underground facilities. Otak identified potential conflict areas and produced maps for Vac-X. To further assist the City and its contractor, Otak provided survey control information. The centerline of the proposed project was marked with temporary reference steel nails in the existing pavement. The Vac-X contractor used this information to identify the pothole sites that needed to be excavated to find underground facilities. Vac-X also used the survey nails and markings to document both the horizontal and vertical reference of the utilities found in their excavation areas. The end result was a very accurate location of potential conflict locations. The additional survey service, although not part of the original Otak contract, was extremely beneficial to Vac-X, the City, and Otak. The adjusted budget for the Survey task work is $44,718. To date, $51,018 has been charged to this task leaving a current negative balance of $6,300. We find that the past over-expenditure in the survey task budget is justified because of the efforts we provided in making multiple revisions to the legal descriptions; the additional work we performed to support the right-of-way acquisition efforts of the project; and because of the valuable assistance it provided to the utility potholing research effort. In addition to the compensation for the past expenditures, Otak is requesting additional funding to complete the pending legal descriptions, right-of-way maps, construction easement maps, utility easements, and utility maps in the amount of $9,058. The total adjustment for this activity is to provide funds for the additional completed work ($6,300) and for the additional work that is currently in-progress ($9,058). The grand total for supplemental funds for this task is $15,358. 8. Stormwater Management Memorandum & Stormwater Final Design (Subtask 3.4 A & Subtask 4.2 A) Like the roadway design team, Otak's stormwater design team has been required to develop multiple design changes and perform additional work to accommodate the desires of the City. These changes included: a major redesign of the stormwater planters to provide for additional on-street parking west of Ash Avenue; adding stormwater facilities and capacity to accept the stormwater collected on the Ash Avenue extension that will serve the commuter rail project; resolving the issues related to dividing the stormwater volumes between the Ash Avenue outfall and the Stevens Marine/Dolan outfall to Fanno Creek; additional meetings with L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 12 Request for a Contract Amendment (#5) - Cost to Complete February 27, 2008 AMEC Earth & Environmental, Inc. (AMEC) regarding the contaminated soils in the Stevens Marine outfall; analysis of the changes proposed by the conceptual design of the Fanno Creek park; and revisions to accommodate the changes proposed by the PGE underground ducts and vaults. The project staff-hours originally allocated to the Stormwater Management Memorandum and Final Design Plans have been expended on these and other tasks during the design of the project. The Stormwater Management Memorandum has been written and revised several times. The memorandum and the final design plans have been on-hold pending resolution of issues related to the contaminated sediments, Fanno Creek Park Master Plan, and pending roadway design changes. The "green street" stormwater planters are an integrated part of the street design. Design changes to the roadway, driveways, and other features have resulted in time spent adjusting the stormwater planters and updating calculations to verify they still function collectively to meet stormwater management requirements of the project. A new authorization of hours and fees is necessary to complete the plans, specifications, cost estimates, and stormwater memorandum once the roadway design and design revisions from the park master plan concept are complete. Other critical items that still need to be completed include: completion of the storm sewer pipe sizes and profiles; the outfall locations and pipe design at both Ash Avenue and at the Stevens Marine outfall to Fanno Creek; the StormFilter vault design at Ash Avenue; stormwater planter details; and the final design of the outfall for the Stevens Marine channel that will accommodate the future construction of the urban creek on the Stevens Marine property. The estimated fee for completing these subtasks is $23,499. 9. Coordination/Support to Vigil-Agrimis & AMEC (Task 4.2 B & 3.14) Contaminated Sediment: The Stevens Marine/Dolan channel and wetland currently serves as the drainage channel for a significant part of the planned downtown area. The channel has been found to be contaminated with pesticides and other hazardous materials. The City has hired an environmental consultant, AMEC, to conduct both a Level 1 and Level 2 assessment of the potential problems. This work is not yet complete; however, Otak has been assisting AMEC by providing updated project plans, attending meetings, and responding to inquiries for additional information. When AMEC completes their work and designs a remediation plan, the remediation efforts have a direct effect on the method of disposing of the stormwater generated in the drainage basin. A proposed storm sewer will capture the drainage that L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 13 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 currently flows in the channel and place it in a pipe that will be constructed parallel to the current channel. The pipe alignment has not been selected because of the active planning process for a new City park on the current Stevens Marine property. The critical issues include: the extent of the contamination; selection of a preferred conveyance and outfall alternative; removal and disposal of the existing stormwater pipes; and resolution on removing or improving the existing drainage channel. Otak will continue to assist AMEC in resolving the contaminated sediment issue. External Agency Permits: USACE/DSL permits, being developed by Vigil-Agrimis, are also contingent on having the stormwater disposal issues resolved. The Clean Water Services folks will also need to agree with the City's preferred solution. Vigil-Agrimis will need information and text from Otak to include in the permit applications. The estimated funds to continue providing coordination and support to both AMEC and Vigil-Agrimis amount to $6,602. 10. Final Plans 95% / 100% Design Plans There are several subtasks that have not been started or are not yet completed. These include final cost estimates, specifications and special provisions, erosion and sediment controls, regulatory permits for the new water main and the sanitary sewer, and other tasks. We have re-evaluated these remaining subtasks and identified the staff-hours needed to complete these tasks. They are essentially the same number of hours shown in the original project budget approved by the City in June 2006. These subtasks include: 4.3 Landscape Design 4.6 Erosion / Sediment Control 4.7 Lighting Plan - (coordinate w/DKS) 4.8 Signing / Striping - (coordinate w/DKS) 4.9 Temporary Traffic Controls - (by contractor) 4.10 Gateway Designs 4.11 ROW descriptions (coordinate w/Survey) 4.11 A Assistance to ROWA 4.12 Cost Estimates 4.13 Specifications / Special Provisions 4.14 Final Submittal - PS&E / Bid Documents 4.15 QA / QC L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 14 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 4.16 Updating Permits 2.2 A Additional Survey for Park Improvements The project staff-hours originally allocated to the Final Design Plans have been expended on other tasks as explained throughout this request for a contract amendment. Therefore, a new authorization of hours and fees are necessary. The total for completing the construction documents, as described in the subtasks above, amounts to $48,820. The attached spreadsheet shows the hours and the associated fees to complete the work. 11. Public Involvement In the original contract, Otak agreed to conduct two (2) stakeholders meetings, one (1) large "open house" meeting, and provide up to ten (10) meetings with individual property owners to resolve design issues. It did not include any involvement in assisting the City and ROWA in the acquisition of the needed right-of-way. However, due to the extensive right-of-way acquisition effort and specific impacts to most of the properties that front the proposed street improvement project, a significant number of Otak staff hours were spent working directly with the public. Ten (10) potential meetings with the public were anticipated for this project. To date, we have had more than 30 individual meetings with property owners and have had a significant number of phone conversations and e-mail exchanges. We have handled multiple issues including: driveway consolidations, tree removal impacts, driveway configurations, impacts to landscaping, impacts to wetlands, fence relocations, truck access to loading docks, and many other issues. The time we spent with the public has been charged to the Public Involvement Task. Some examples of these meetings include: • Forrest Johnson - Three (3) meetings to resolve street design and right-of-way acquisition issues (03/13/07, 03/27/07, 04/06/07) • Scott-Hookland Attorneys - Driveway consolidation issues - Meetings and discussions were held in April, May, and August of 2007, and on October 16, 2007 (4 meetings) - see May 10, 2007, e-mail • NW Preferred Credit Union - March 12, 2007 (2 meetings) • Dan Dolan - March 13, 2007 (3 meetings) • Chuck Woodard - Liquor Store - Meetings and e-mails - (03/14/07, 10/26/06) • John Zuber - Meeting - 03/13/07 L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 15 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 • Miller Auto - Meeting - 03/15/07 • Wally Riggs - Verizon - Five (5) Meetings to resolve combined driveway issues (01/11/07, 04/05/07,05/03/07,06/26/07,12/12/07) • Min Matsumoto - Kim's Embroidery - Four (4) Meetings to resolve combined driveway issues (04/05/07, 05/10/07, 06/26/07, 12/12/07) 0 Stevens Marine - Meeting - 10/17/07 In addition, we have provided extensive assistance to the City and ROWA regarding right-of- way acquisition related issues. This included multiple meetings with the City and ROWA; graphics, maps, and plans; and assistance with responding to questions that originate from the right-of-way negotiations. The original budget for the Public Involvement Task included the public meetings and ten (10) meetings with individual property owners. The current adjusted budget for this task is $20,909. To date, $21,889 has been charged to this task leaving a negative balance of $980. To complete the remaining public involvement activities, which will include another large stakeholder's meeting, an "Open House" public meeting, and at least ten (10) more individual meetings with property owners, a budget adjustment of $10,228 is needed. 12. Tree Protection Plan In response to a design issue at the Burnham Business & Storage property, Brett Cochran replied in a December 10, 2007, e-mail with the following: " b. Final determinations of which trees can be saved shall be made by the project arborist and included in the Tree Protection Plan to be provided by Otak and reviewed by the City's arborist. c. Tentatively Resolved, Otak to produce Tree Protection Plan." In the current contract, there are no provisions for Otak to provide a project arborist or to develop a Tree Protection Plan. If the City desires this service, Otak will be happy to work with the City to develop a scope of work and negotiate a fee for this additional service. L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 16 Request for a Contract Amendment (#5) - Cost to Complete February 27, 2008 Summary of the Requested Contract Adjustment Group TASK DESCRIPTION Amount I Project Administration 1.1 Project Management $5,880 1.4 Monthly Invoices and Progress Reports $2,613 1.5 Progress Meetings and Minutes $4,348 Project Administration Subtotal ....................................................$12,841 4 Pending Design Revisions 4.1 A Ash Avenue - Design Assistance to Century-West $2,858 4.1 B TVFR Frontage Redesign $2,036 4.1 C Burnham Business and Storage - Median Redesign $745 4.1 D Design Assistance - Burnham Business and Storage $968 4.1 E Design Assistance - Stevenson Water Vault $468 4.1 F Kim's Embroidery - Median and Driveway Redesign $1,291 4.1 G Verizon - Median and Driveway Redesign $3,982 4.1 H Design Assistance - Henderson Water Vault $714 4.11 Revise ROW Map $1,590 Design Revisions Subtotal .............................................................$14,652 5 Utility Design 4.5 Revisions to the Utility System Design $6,136 4.5 A Ash Avenue - Utility Vault $1,207 4.5 B PGE Final Design Schematic $2,675 4.5 C Time-Warner Final Design Schematic $1,018 4.5 D Final Design Meeting with Utility Companies $1,400 4.5 E Utility Construction Protocol $2,960 Utility Design Subtotal .................................................................$15,396 6 Water Main Design 4.4 Water Main - Complete Final Design $5,088 7 Supplemental Survey 2.4 Past Additional Work on Legal Descriptions $6,300 2.4 A Additional Legal Descriptions (PGE) $9,058 L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T. Nguyen Page 17 Request for a Contract Amendment (#5) - Cost to Complete February 27, 2008 Survey Subtotal ............................................................................$15,358 8 Stormwater Management Memo and Final Design 3.4 A Stormwater Management Memorandum $7,802 4.2 A Treatment Facility Plans & Details $15,697 Stormwater Final Design Subtotal .................................................$23,499 9 Coordination / Support to Vigil-Agrimis & AMEC 4.2 B Coordination on Hazardous Materials Problem $2,676 3.14 External Agency Permits $3,926 Stormwater Permits /Hazmat $6,602 10 Final Plans 95% / 100% Design Plans 4.3 Landscape Design $2,166 4.6 Erosion / Sediment Control $3,079 4.7 Lighting Plan (coordinate w/DKS) $1313 4.8 Signing / Striping (coordinate w/DKS) $1,029 4.9 Temporary Traffic Controls (by contractor) $347 4.10 Gateway Design $3,033 4.11 ROW Descriptions (coordinate w/Survey) $294 4.11 A Assistance to ROWA $4,140 4.12 Cost Estimates $7,306 4.13 Specifications / Special Provisions $9,942 4.14 Final Submittal - PS&E / Bid Documents $4,462 4.15 QA / QC $77392 4.16 Update Permits $2,358 2.2 A Additional Survey for Park Improvements $1,959 Final Roadway Design Subtotal ....................................................$48,820 I I Public Involvement 5.2 Second Stakeholders Meeting $3,720 5.3 Field Meetings with ROWA / Property Owners $2,470 5.4 Open House Meeting $4,038 Public Involvement Subtotal .........................................................$10,228 Grand Total of Contract Amendment # 5 .................................$152,484 L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc Vannie T, Nguyen Page 18 Request for a Contract Amendment (#S) - Cost to Complete February 27, 2008 Otak is aware that this contract amendment is a significant increase in the engineering fee for the project and we do not treat it lightly. We have been flexible and cooperative with the City and the continuously changing scope of the project. Our monthly progress reports hopefully gave the City an indication that the many unresolved issues, especially with the utility companies, were slowing down the project and consuming valuable staff hours. We feel the vast majority of "unknowns" on this project are now fully known. We want to work with the City to resolve the pending issues and move the project to construction. We will make ourselves immediately available to discuss any of the issues identified in this budget report. Sincerely, tai ~v.,v 0" Jerry arkesino, PE Senior Project Manager JM:tw Enclosure c: Project File, Kay Van Sickel, Dan Dawson L:\Project\13900\13952\Contract\Burnham Contract Amend-5-022608 tkw.doc PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on Tuesday April 8, 2008 at 7:30 PM at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon C011itN1UNITY i 97223. Public oral or written testimony is invited. The public hear- ing on this matter will be held under Title 18 and rules of procedure qEW SPAPERS I adopted by the Council and available at City Hall or the rules of `_procedure set forth in Section 18.390.060E. Further information 6605 SE Lake Road, Portland, OR 97222 • PO IJ may be obtained from the Planning Division (Staff contact: Box 370 • Beaverton, OR 97075 Emily Eng) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by Phone: 503-684-0360 Fax: 503-620-3433 calling at 503.639.4171. Email: ZONE CHANGE ANNEXATION (ZCA) 2008-00001 legaladvertising@commnewspapers.com - CROSS ANNEXATION - REQUEST: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road and right-of-way on SW Beef Bend Road AFFIDAVIT OF PUBLICATION for a total of 1.33 acre into the City of Tigard. The applicant received land use approval from Washington County on March 20, State of Oregon, County of Washington, SS 2007 to develop the parcel into 3 lots (Washington County Project # L060553). Because the available storm sewer and water ser- f, Charlotte Allsop, being the first duly sworn, vices are within the City of Tigard and maintained by the City, the depose and say that I am the Accounting property must be annexed. The two owners of the subject parcel Manager of The Times (serving Tigard, have consented to the annexation. The parcel is contiguous to the Tualatin & Sherwood), a newspaper of City on three sides and King City is across the street. Portions of right-of-way that extend beyond the subject parcel's frontage have general circulation, published at Beaverton, in been included with this proposal at the City's request. All right- the aforesaid county and state, as defined by of-way included in this proposal is contiguous to the City limits. ORS 193.010 and 193.020, that LOCATION: 12615 SW Beef Bend Road; Washington County Tax Map (WCTM) 2S109DD, Tax Lot 200. Proposed additional City of Tigard right-of-way is located on WCTM 2S109DD and 2S1 IOCB. Notice of Public Hearing COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). TT11101 The purpose of the Washington County R-6 District is to imple- ment the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by A copy of which is hereto annexed, was Section 300-2 or Section 303-6. The intent of the R-6 District.; published in the entire issue of said is to provide the opportunity for more flexibility in development newspaper for than is allowed in the R-5 District. EQUIVALENT CITY ZONE: . 2 R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single- Successive and consecutive weeks in the family homes, detached single-family homes with or without following issues accessory residential units, at a minimum lot size of 5,000 square March 20, 2008 feet, and duplexes, at a minimum lot size of 10,000 square feet. March 27, 2008 Mobile home parks and subdivisions are also permitted outright. CSome J civic and institutional uses are also permitted conditionally. ~ c APPLICABLE REVIEW CRITERIA: The approval standards Charlotte Allsop (Accounting Ma ager) for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. All docu- ments and applicable criteria in the above-noted file are available Subscribed and sworn to before me this for inspection at no cost or copies can be obtained for twenty-five March 27, 2008 cents (25¢) per page, or the current rate charged for copies at the time of the request. At least fifteen (15) days prior to the hearing, a copy of the staff report will be available for inspection at no cost, NOTA PUBLIC FOR OREGON or a copy can be obtained for twenty-five cents (25¢) per page, or the current rate charged for copies at the time of the request. My commission expires`~N. r-~ ! I Information is also available by contacting the staff contact listed d~v I above. Publish 3/20, 3/27/2008. TTI 1101. Acct #10093001 t Patty Lunsford OFFICIAL SE City of Tigard SUZETTE I CUP , NOTARY PUBUC - C , zcn2008-00001 13125 SW Hall Blvd COMMISSION NO. Tigard, OR 97223 1 COMMISSION EXPIRES NOVEME ANCROSS NEXATION ~V 1 LEGE Size 2 x 11.5 R w~°'noN t Amount Due 384.10 gtiq v~ F 'remit to address above 4.. S~ixc x I ate ~ e z ^s .r i t K ~ ~V. 131P5 SW Ha1BM 1]tI5 S1Y He1BM „„....,„w,.n,,,.M axm mn. moe.cr„acauc¢m AGENDA ITEM No. 6 Date: April 8, 2008 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: QUASI JUDICIAL PUBLIC HEARING - CROSS ANNEXATION (ZCA 2008-00001) REQUEST: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road and right-of-way on SW Beef Bend Road for a total of 1.33 acre into the City of Tigard. The applicant received land use approval from Washington County on March 20, 2007 to develop the parcel into 3 lots (Washington County Project # L060553). Because the available storm sewer and water services are within the City of Tigard and maintained by the City, the property must be annexed. The two owners of the subject parcel have consented to the annexation. The parcel is contiguous to the City on three sides and the property across the street is in King City. Portions of right-of-way that extend beyond the subject parcel's frontage have been included with this proposal at the City's request. All right-of-way included in this proposal is contiguous to the City limits. LOCATION: 12615 SW Beef Bend Road; Washington County Tax Map (WC I'M) 2S109DD, Tax Lot 200. Proposed additional right-of-way is located on WCTM 2S109DD and 2S110CB. Due to Time Constraints City Council May Impose A Time Limit on Testimony is\adm\cathy\city council\ccsignup\ph testimony - 080408 - CROSS annexation.doc AGENDA ITEM No. 7 Date: April 8, 2008 PLEASE PRINT Pro onent - S peaking 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. Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures The Council's role in this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try to limit your remarks to the applicable approval standards for the application. Members of the City Council will be asked whether they have had any ex parte contacts or have any conflicts of interest. A Council member must declare any contacts with the public regarding this matter or any information received outside the record. After declaring the contacts, the Council member may participate in the decision. If a Council member has an actual conflict of interest, the Council member cannot participate. An opportunity will be provided to challenge statements made by a Council member and to challenge the participation of a Council members. City staff will make a presentation, followed by the applicant and those in favor of the application. Then witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the applicant can respond. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. The applicant can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's 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. Failure to raise Constitutional or other issues related to proposed conditions of approval with sufficient specificity to allow a response precludes an action for damages in circuit court. 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. When you are called to testify, please come forward to the table and give your name and mailing address. 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\quasi judicial information\attorney statement - updated by g. firestone march 06.doc r r ' Agenda Item # Meeting Date 418/2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title ZCA2008-00001 Cross Annexation Prepared By: Emily E ng Dept Head Approval: City Mgr Approval: C ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of one parcel containing 0.53 acre of land (Zone Change Annexation - ZCA2008-00001), the right-of-way adjoined to the subject parcel and two additional pieces of right-of-way on SW Beef Bend Road for a total of 1.33 acres of land into the City of Tigard? STAFF RECOMMENDATION Staff recommends adopting the proposed ordinance annexing the proposed territory to the City of Tigard. KEY FACrs AND INFORMATION SUMMARY The subject parcel is located on SW Beef Bend Road and is surrounded on three sides by Bella Vista Subdivision, which is in the City. Beef Bend Road borders the subject parcel's southern boundary. King City's boundary begins from the centerline of Beef Bend Road. Therefore, the subject parcel is an island of unincorporated territory. The total area proposed for annexation is 1.33 acres. The applicant requests approval of annexation of one parcel (0.53 acre) to the City of Tigard along with adjoining right-of-way for a total of 0.92 acre. In addition, the City has' included additional right-of-way on SW Beef Bend Road, totaling 0.41 acre, which is contiguous to the City limits but was inadvertently left out of previous annexations due to an oversight. Both owners of the 0.53-acre subject parcel have consented to the annexation and neither is an active registered voter at the property. Because the subject parcel is an island of unincorporated territory, there were no owners of adjacent property that the City could invite to join this annexation. The subject property received land use approval for a 3-lot partition (Millennium Homes Partition, Washington County Case File # L060553). The existing house will remain and two additional homes are proposed. Because the available urban services are within the City and maintained by the City, the property must be annexed. Construction plans submitted to the City for a preliminary review indicate the proposed partition will connect to City sewer and storm drainage within Bella Vista Subdivision. Washington County has required the property to be annexed into the City as a condition of approval prior to final plat approval. The applicant received land use approval from Washington County on March 20, 2007, about a month after the City of Tigard issued a formal statement about its annexation policy (February 8, 2007). The purpose of the statement was to prevent property owners or developers from receiving land use approval through the County if the necessary service connections for a property are within the City. The subject property had been well into the land use review process when the City issued its statement. It is not the City's current policy to allow property owners or developers to apply for County land use approval prior to annexing if the necessary service connections are within the City's boundaries. The City is authorized by ORS 222.120 to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. With regard to the two additional pieces of right-of-way, the City is authorized by ORS 222.111(2) to act on its own motion to annex contiguous territory. Applicable review criteria, procedures and policies for the proposed annexation are in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Key findings: 1. The subject parcel is an island of unincorporated territory and contiguous to Tigard's City limits. The right-of-way proposed for annexation either adjoins the subject parcel or is contiguous to the City limits; 2. Urban services are in Bella Vista Subdivision and available to serve the subject parcel; 3. The owners of the subject parcel have consented to the annexation; 4. The proposed territory is within Tigard's Urban Growth Boundary and Metro's Urban Growth Boundary; and 5. The proposed territory is within Tigard's Urban Service Area and Area of Interest. OTHER ALTERNATIVES CONSIDERED 1. Adopt the alternative ordinance (Attachment 2) annexing the subject parcel and adjoining right-of-way only and leaving out the additional two pieces of right-of-way; or 2. Adopt findings to deny the annexation. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Annexing 1.33 Acres Exhibit A: Legal Description- Subject Parcel and Adjoining Right-of-Way Exhibit B: Survey Map for Subject Parcel and Adjoining Right-of-Way Exhibit C: Legal Description- Additional Right-of-Way Exhibit D: Legal Description- Additional Right-of-Way Exhibit E: Tax Maps Exhibit F: Applicant's Petition to Annex Exhibit G: Vicinity Map Exhibit H: Millenium Homes Partition Preliminary Plat Approved by the County on 3/20/2007 Exhibit I: Statement issued by Community Development Director regarding City's Annexation Policy dated 2/8/2007 Exhibit J: Staff Report to the City Council dated 3/24/08 Attachment 2: Proposed Alternate Ordinance Annexing .92 Acre Exhibit A: Legal Description- Subject Parcel and Adjoining Right-of-Way Exhibit B: Survey Map for Subjcet Parcel and Adjoining Right-of-Way Exhibit Q Tax Map Exhibit D: Applicant's Petition to Annex Exhibit E: Vicinity Map Exhibit F: Millenium Homes Partition Preliminary Plat Approved by the County on 3/20/2007 Exhibit G: Statement issued by Community Development Director regarding City's Annexation Policy dated 2/8/2007 Exhibit H- Staff Report to the City Council dated 3/24/08 FISCAL NOTES If approved, the proposed annexation territory would be transferred to the City's tax roll on July 1, 2009. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. CITY OF TIGARD, OREGON Attachment 2 TIGARD CITY COUNCIL ; ORDINANCE NO. 2008- AN ORDINANCE ANNEXING 0.92 ACRE, APPROVING THE CROSS ANNEXATION (ZCA2008-00001) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently he within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on April 8, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S109DD, Tax Lot 200) of land on the north side of SW Beef Bend Road and adjoining right-of-way and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads Maintenance District on April 8, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel and adjoining right-of-way described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "H" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2009. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of )2008. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of )2008. Craig Dirksen, Mayor Approved as to form: City Attorney Date EXHIBIT A LEGAL DESCRIPTION: PAGE 1 OF 2 FEBRUARY 6, 2008 THAT TRACT OF LAND AS DESCRIBED IN DEED DOCUMENT NUMBER 2006-001914, RECORDED JANUARY 6, 2006, WASHINGTON COUNTY DEED RECORDS, AND A PORTION OF THE NORTHWESTERLY RIGHT-OF-WAY OF S.W. BEEF BEND ROAD, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT 31 OF THE PLAT OF "BELLA VISTA", WASHINGTON COUNTY PLAT RECORDS; THENCE ALONG THE SOUTHWESTERLY LINES OF LOTS 28, 27, AND 26 OF SAID PLAT SOUTH 46°21'37" EAST, 126.72 FEET, TO THE MOST SOUTHERLY CORNER OF SAID LOT 26; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 26 NORTH 76°47'31" EAST, 29.53 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. BEEF BEND ROAD, BEING 33.00 FEET NORTHERLY OF THE CENTERLINE THEREOF (WHEN MEASURED PERPENDICULAR THERETO); THENCE ALONG SAID RIGHT- OF-WAY LINE, ALONG THE ARC OF A 4033.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 1 °26'14" (THE LONG CHORD BEARS NORTH 44°16'44" EAST, 101.16 FEET), AN ARC DISTANCE OF 101.16 FEET TO A POINT OF TANGENCY; THENCE NORTH 44°59'51" EAST, 32.80 FEET TO THE MOST EASTERLY CORNER OF SAID PLAT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE SOUTH 45°00'09" EAST, 33.00 FEET TO THE CENTERLINE OF S.W. BEEF BEND ROAD; THENCE ALONG SAID CENTERLINE SOUTH 44°59'51" WEST, 32.80 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 4000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 4°26'17" (THE LONG CHORD BEARS SOUTH 42°46'42" WEST, 309.76 FEET), AN ARC DISTANCE OF 309.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 40°33'34" WEST, 206.72 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 1000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 0°04'40" (THE LONG CHORD BEARS SOUTH 40°35'54" WEST, 1.36 FEET), AN ARC DISTANCE OF 1.36 FEET TO A POINT OF TANGENCY; THENCE LEAVING SAID CENTERLINE NORTH 49°21'46" WEST, 33.00 FEET TO THE MOST SOUTHERLY CORNER OF TRACT "C" OF SAID PLAT, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF S.W. BEEF BEND ROAD, BEING 33.00 FEET NORTHERLY OF THE CENTERLINE THEREOF (WHEN MEASURED PERPENDICULAR THERETO); PAGE 2OF2 THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, ALONG THE ARC OF A 967.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 0°04'40" (THE LONG CHORD BEARS NORTH 40°35'54" EAST, 1.31 FEET), AN ARC DISTANCE OF 1.31 FEET TO A POINT OF TANGENCY; THENCE NORTH 40°33'34" EAST, 206.72 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 4033.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 0°21'54" (THE LONG CHORD BEARS NORTH 40°44'31" EAST, 25.70 FEET), AN ARC DISTANCE OF 25.70 FEET TO THE MOST EASTERLY CORNER OF LOT 45 OF SAID PLAT; THENCE LEAVING SAID NORTHWESTERLY RIGHT-OF-WAY LINE, ALONG THE NORTHEASTERLY LINE OF SAID LOT 45 NORTH 46°21'37" WEST, 32.27 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 45; THENCE ALONG THE NORTHEASTERLY LINES OF LOTS 44,43 AND 40 OF SAID PLAT NORTH 28°15'24" WEST, 132.02 FEET TO AN ANGLE POINT ON THE NORTHEASTERLY LINE OF SAID LOT 40 OF SAID PLAT; THENCE ALONG THE SOUTHEASTERLY LINES OF LOT 40, TRACT "F", AND LOTS 32 AND 31 OF SAID PLAT NORTH 48°35'02" EAST, 120.17 FEET TO THE POINT OF BEGINNING. CONTAINS 40,139 SQUARE FEET OR 0.92 ACRES, MORE OR LESS. REGISTERED i I PROFESSIONAL LAND SURVEYOR ' OREGON JANUARY 11, 2005 DARREN S. HARR 56181 ION EXHIBIT B LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 9; TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON FEBRUARY 6, 2008 11 MOST EASTERLY CORNER OF THE PLAT OF "BELLA VISTA' / 2 THE S45'00'09"E N44'59'51 "E 33.00' 0 32.80' & '9 POINT OF 54459'51 "W 32.80 BEGINNING ~ 413' 40 DEED DOCUMENT N7647'31"E v~ 'C031 NO. 2006-001914 29.53, Q P 43 046'21' 37" W cZ 32.27 <<~ 44 5' ul 45 C5 L=25.70' ol* OrOREGISTERED PROFESSIONAL o~~ o<v ti O~ ti LAND SURVEYOR PGA 04 g O pc JANUARY 005 ~pc0 DARRENN S. HARR 56181 i / C4 L=1.31' N49'21'46"W Z RENEWAL DATE: 6-30-09 33.00' C3 L=1.36' SCALE 1" = 60' FRONTIER CURVE TABLE LAND SURVEYING CURVE LENGTH RADIUS DELTA CHORD 10110 S.W. NIMBUS AVENUE Cl 101.16' 4033.00' 1'26'14" N44'16'44"E 101.16' SUITE B-9 C2 309.83' 4000.00' 4'26'17" S42'46'42"W 309.76' PORTLAND. 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CfU?TCIGRAPHY -a as ya a c° tee ~e. 70 fim " 5200 1 ~a 80 > 8 6700 R • b-8.- 'tic , a ' ^,ex i 4 ® x ® Q I mo 5980 AAA 8) \`~G am I _ ° 87 6 Bz s 38;'`'_§ ee'8 e5°°.g PLOT DATE: May 18, 2006 w.,•,. .,o.e ei.u` , 7g-,_ rrul® nv. a,. Y , n`",. ~mg• ' , ' ,e>nmw••_6,oU ass - O3 w; _^c-'::'t?L•':.' £ s701 e 8 6z0, 'rr,®• ' R .°m. d..C"> FORASSESSMENT PURPOSES ' s ,te4,, m •tmm' -'Y s : ata•'""`R' iio. - = ONLY- DO NOT RELY ON QJ k Dp? ,n nK 'L.,.aa FOR OTHER USE ;G., . T • a nom,-a1-. >~i":'.'• .'iS.3 "w.., ,30 _ trw.• Ig -l 4 00 I ceewmeaMew~mvar w+•~re7rre wanai»ae ',.d,r. .t ..~0 w V ~ ^ ti", i•; ~y :-r.~'..; ~cg . , col:,:. ~ ~ Mmersm '-„173<' ,m aCOO' rely r a-,'a189'~ j$ miw: N $•':<`,fi8" - ",R S"~ 001101", .aMw'~' ^1~'~,•"" ";'a~iw Y,l am ,>e~rn ara bn/ennce aM'ena,ruYreth,W-a,e ae 00001 '+°'N '~1r/'/.n' f7g •ta3. ~e~~}, .5,.• ~.159~.• .o 8. , ®P •s.m ° ® rmm \4 ' eam, •'r?6. °\"i 5•.: 'Zy¢_:J'~iF '`~^.',^a•'<laJ e''O.u1 .^j •r1~^j "asndu; .•13t" "•1'.o.ev, 8,/' yW`. ei,biss alias; r amnfPePe0Y0ar.~rbL Pkem m+acltaa "lGraplefa,rm0 ` ~a114;s" ® O '',°'a"..u9 8: ~2m•m _ ~p•^ R" w/'.. 128.•`. ® ''81,.t;~ 83,$...'.`,'` arm•aoea•aanromemn " ,a7 S a~w.i; : , w - .<L.~-•, art ' ~ ~ , • -x WI . ,pD . t:n'^„a„ • •:35'•, . 2,, : m tei U ."~yse 'tl W 1 ;K MBE ..,s iP _ J° mm9r-• LL :a~e,"'';.e ; U g • p LDpN '-1r3e ,'.,32, as .u•..' :°m ; C , TIGARD s, y3 ;p~r~' "e, - : a'ta'' aso;< Q n'. ti'.~7&. Y t, nzz:" 34 ea'.• ' 1.. ,6a%' \ ~9: ° m "~80 ~wi , 1. °!m f., e m l.!'eo. T•:•a\''- \1LW , , ian.::? IR.1, ~ ,"a 'r. . , .,i8+. - ~ .i.•. ;145. G+ a1, KING CITY 2S1 09DD 2S 1 09DD °Iarze,wo9 TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the propert described below and/or elector(s) residing at the referenced location(s), hereby petition for, and give consent to, Annexation of said property o the City of Tigard. We understand that fhe City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct C Section Number Number Number I2(otS' 54J $EEF Btnio P-4D, T16ARO ZS 1 0400 2- a4, 9 7 h Zt o7 CLisa '1 eb Lie. (5 o~j ~ 126IS- 4h/ REEF AND Rv.917 G.9 0 LS 1 0900 ZUu 39 -7 t tw Al 7 m X 2 W v is\curpln\masters\revised\anxpetn.mst 15-Aug-02 MMER • . CITY of GEOGRAPHIC INFORMATION SYSTEM Lu NV AUTUMNVI x ZCA2008-00001 = LL1 CROSS z °R ANNEXATION Fn r LEGEND: . SUB CT i', APPLICATION C QL ti oc ~ /Ny}on I LL 11r,1 RS ~FERR V,7JE w % la e11TA~ 0 - .r V BEtF BEN=?~~ Ci1RMA~6 _ IRO :'I Q: v, b q y . r Tigard Area Map g O 3 4 a N LLIP, CT 1"= 312 feet o Q w i O ` liJ x . v ~ 'rs~ `'S E EDWARDZ C7 a y fl m 1 s ' 13125 SW Hall Blvd 13125 SW Hall Blvd z E A T ~T _ ~~s 41 Y Y! Y (503) 639-4171 Plot date: Jan 23, 2008; C:\magic\MAGIC03.APR (:nmmllnity navPlnoment i Li. i 1 1 ' I m EXISTING PRIVATE ROAD !AND SIDEWALK TO REMAIN K Tv-iozuo TL"10100 MILLENNIUM 1T W i LSj REMOVE EXISTING BARRICADE T-690:1 HOMES, INC CONTINUE PAVEMENT TOI NEW ' i "{T SHARED DRIVEWAY POSSIBLE LOCATION PROPOSED SHARED jORiVEWAY _ FOR ONE (1) REOUIREO . . PARKING SPACE _ ;CONNECT NEW SHARED DRIVEWAY TO EXISTING DRIVEWAY AND GARAGE i' IMPROVE AS NECESSARY PARKING (TYP.) :L-i1000 I EXISTING DRIVEWAY TO I - REMAIN, IMPROVE AS F'- NECESSARY EXISTING DRIVEWAY TO tttlll"'...---JJJ---111 I c o I 1300 REMAIN, IMPROVE AS Z a. o NECESSARY I _ w ¢ - - 1 31(10 m o r~tn3 o LL EXISTING DRIVEWAY I w TO REMAIN f R~T~ ; a 1II 11 1 ` 5' UJI I I W 0.0' I W t 5,1• EXISTING HOUSE MINIMUM SIDEYARD PROTECTED SOLAR TO REMAIN I SETBACK (TYP.) I BUILDING LINE (TYP.) i EXISTING WALL } EXISTING DRIVEWAY TO REMAIN TO BE CLOSED 1 PROJECT NO. EXISTING FRONTAGE INPROVEMENTS TO REMAI 180000 FILE: D3.DWG ' DATE: 05/30l08 DESIGNED: JRM DRAWN: JRM -DRIVEWAY-ACCESS FROM EXISTING w BEEF BENDRO TOWNSHIP/RANGE/SECTION HOUSE TO BEEF BEND ROAD TO S• BE CLOSED 2STO900 COUNTY _ WASHINGTON Ac TAX LOTS 200 - SHEET TITLE SITE PLAN p' 20' gyp' SHEET NUMBER SCALE IN FEET D3 EXHIBIT G City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223 _ February 8, 2007 Mark Brown TIGARD Land Development Manager Dept. of Land Use and Transportation Washington County 155 N. First Avenue, Ste. 350 Hillsboro, OR 97124 Dear Mark: This is in answer to your request for a statement of the City of Tigard's policy regarding annexation and the provision of services. First, in regard to development requiring connection to City of Tigard utilities: The City of Tigard will not provide extension or connection of services unless applications have been made for annexation. After annexation, development plans that comply with City development standards may be submitted and subsequently approved. For example a property owner outside the City limits who needs to connect to City owned storm sewers or sewer facilities will not be given a Service Provider Letter indicating hookups will be provided unless the property is annexed. Second, in regard to development requiring services for which the City of Tigard has a contractual agreement to provide services outside the City limits (such as through the Tigard Water District): The City of Tigard will allow provision of services where a non remonstrance agreement to annex those properties involved has been signed and recorded with Washington County-and submitted to the City of Tigard. These policies follow the provisions of the Tigard Comprehensive Plan. It is the essence of the provision of municipal service in an efficient and cost effective manner that service be provided only after annexation and that subsequent development is consistent with and meet the standards adopted for all development within the City of Tigard. Sincerely, Tom Coffee Community Development Director I:\CURPLN\Dick\Lerrers\annex. pol.doc Phone: 503.639.4171 . Fax: 503.684.7297 www.tigard-or.gov TTY Relay: 503.684.2772 EXHIBIT H Agenda Item: Hearin Date: April 8 2008 Time: 7:30 PM STAFF REPORT TO THE a CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 4~pQ~ 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CROSS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00001 APPLICANT/ APPLICANT'S OWNER: Donald L. and Debora Lee Cross REP: Millenium Homes, Inc. 12615 SW Beef Bend Rd Attn: John Marquardt Tigard, OR 97224 18601 East Burnside Ave Portland, OR 97233-5318 PROPOSAL: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road and right-of--way on SW Beef Bend Road for a total of 1.33 acres into the City of Tigard. The applicant received land use approval from Washington County on March 20, 2007 to develop the parcel into 3 lots (Washington County Project # L060553). Because the available urban services are within the City, the property must be annexed. The two owners of the subject parcel have consented to the annexation. The parcel is contiguous to the City on three sides and King City is across the street. Portions of right-of-way that extend beyond the subject parcel's frontage have been included with this proposal at the City's request. All right-of-way included in this proposal is contiguous to the City limits. LOCATION: 12615 SW Beef Bend Road; Washington County Tax Map (WCTM) 2S109DD, Tax Lot 200. The proposed additional right-of-way is located on WCTM 2S109DD and 2S110CB. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the CROSS ANNEXATION ZCA2008-00001 PAGE 1 OF 10 minimum lot size allowed in the underlying zoning district. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2008-00001) meets all the . approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development. Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated. Version). Therefore, staff recommends APPROVAL of ZCA2008-00001 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION The subject parcel is located on SW Beef Bend Road. The existing house was built in 1952. The property slopes down about 20% toward Beef Bend Road. Bella Vista Subdivision is within the City and surrounds the subject parcel on three sides. Beef Bend Road borders the subject parcel's southern boundary. King City's boundary begins from the centerline of Beef Bend Road. The total area proposed for annexation is 1.33 acres. The applicant requests approval of annexation of one parcel (0.53 acre) to the City of Tigard along with adjoining right-of-way for a total of 0.92 acre. In addition, the City has included additional right-of-way on SW Beef Bend Road, totaling 0.41 acre, which is contiguous to the City limits but was left out of previous annexations due to an oversight. Both owners of the 0.53-acre subject parcel have consented to the annexation and neither is an active registered voter at the property. Because the subject parcel is an island of unincorporated territory, there were no owners of adjacent property that the City couldinvite to join this annexation. The subject property received land use approval for a 3-lot partition (Millenium Homes Partition, Washington County Case File # L060553). The existing house will remain and two additional homes are proposed. Because the available urban services ate within the City and maintained by the City, the property must be annexed. Construction plans submitted to the City for a preliminary review indicate the proposed partition will connect to City sewer and storm drainage within Bella Vista Subdivision. Washington County has required the property to be annexed into the City as a condition of approval prior to final plat approval The applicant received land use approval from Washington County on March 20, 2007, about a month after the City of Tigard issued a formal statement about its annexation policy (February 8, 2007). The purpose of the statement was to prevent property owners or developers from receiving land use approval through the County if the necessary service connections for a property are within the City. The subject property had been well into the land use review process when the City issued its statement. It is not the City s current policy to allow property owners or developers to apply for County land use approval prior to annexing if the necessary service connections are within the City's boundaries. SECTION IV. APPLICABLE REVIEW CRITERIA FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 CROSS ANNEXATION ZCA2008-00001 PAGE 2 OF 10 City: Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11 Policy 4 (Updated Version); Goal 11. 3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Chapter 18.320.020: Approval Process and Standards. B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." Water - City of Tigard. Tigard Water District currently serves the subject property. Upon annexation, City of Tigard will be the provider of water. Water is available in SW Rembrandt Lane, north of the subject parcel, within Bella Vista Subdivision. Sewer - Clean Water Services/City of Tigard. Clean Water Services currently serves the existing home. Future homes will connect to the sewer connection west of the subject parcel in Bella Vista Subdivision. Upon development of the site, the City will be the service provider for the new homes. Drainage - Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the provider of storm drainage. The only available storm drainage connection for the subject parcel is east of the subject parcel in Bella Vista Subdivision. Streets - City of Tigard Capital Construction & Transportation Division. The subject property is located on SW Beef Bend Road, a County-owned road, and surrounded by Bella Vista Subdivision. Upon development, the site is required to close off access to SW Beef Bend Road, because the existing driveway does not meet the access spacing standard. SW Beef Bend is designated an arterial on the City's Transportation System Plan and a Major Collector on the County's plan. Bella Vista Subdivision contains a private street stub (Tract B) to which the site is required to connect upon development. Tract B will connect the proposed development to SW Rembrandt y a public street within the City of Tigard. Police - City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire - Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comrehensive Plan) are available to the proposed annexation territory and all public services have sufficient- capacity to provide service to the proposed annexation territory. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan goals, and policies apply to the proposed annexation: Goal 1.1 (Updated Version); Goal 11.1 Policy 4 Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: CROSS ANNEXATION ZCA2008-00001 PAGE 3 OF 10 Goal 1.1 (Updated): Citizen Involvement. 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 maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on February 22, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and on the subject property on SW Beef Bend Road. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (March 20, 2008 and March 27, 2008) prior to the April 8, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on March 18, 2008). In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on March 18, 2008, including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Updated): Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. The property owners have petitioned for annexation so that their property may receive City stormwater services. Therefore, this policy is met. Goal 11.3 (Updated): Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The property owners have petitioned for annexation so that their property may receive City wastewater services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and G. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet. The proposed 0.53-acre territory has an estimated maximum density of 3 residential units and estimated minimum density of 2 units'. There will be three (3) total units based on the County-approved design. The development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by the applicant and City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to three (3) residential units. The proposed annexation will not signIficantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Staff concludes that there is adequate capacity to serve the proposed territory water sewer, draina e streets olice fire protection) if developed to the density permitted, and the proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) 1 Using formula for density calculation in Chapter 18.715 of the Development Code. CROSS ANNEXATION ZCA2008-00001 PAGE 4 OF 10 Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements have been assigned as part of the recent development review by the County. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject parcel is an island of unincorporated territory, surrounded by the City of Tigard on three sides and King City on one side. Therefore, annexing the subject parcel and adjoining right- of-way would reduce an island of unincorporated territory and a pocket of right-of-way Annexing the two additional right-of-way areas will also eliminate pockets of unincorporated territory, since the right-of--way is currently between the City's boundary and what may be King City's extended boundary in the future. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. By reducing the island of unincorporated territory and bringing in the two pieces of additional right-of-way, the City's boundary will become more regular. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006) includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City on three sides, where it abuts Bella Vista Subdivision on its north, east and west boundary. The two additional pieces of right-of-way on SW Beef Bend Road are contiguous to the City. C) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Polic 10.1.3 on-u dated : Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.C of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: CROSS ANNEXATION ZCA2008-00001 PAGE 5 OF 10 TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts:'Plan Designation Plan Designation R-5 Res. 5 units acre R-4.5 SFR 7.500 sq. ft. Lon, density 1-5 unitsiacre R-6 Res. 6 units%aere R-7 SFR 5.000 sq. ft. Med. density 6-12 units acre R-9 Res. 9 units'acre R-12 Multi-family 12 unitsiacre Med. density 6-12 unitsiacre R-12 Res. 12 unitsiacre R-12 Multi-family 12 unitsiacre Med. density 6-12 units'acre R-15 Res. 15 unitsiacre R-25 Multi-family 25 Unltsiacre Medimn-High density,? 13-25 units acre R-24 Res. 24 units acres R-25 Multi-faniih- 25 unitsiacre Medium-High deusirv 13-25 units acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Conunercial C'N Neighborhood Commercial CN Neighborhood Commercial C'BD Commercial Business C'BD Conunercial Business CBD Commercial Business District District District GC' General Conunercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrial■ The subject property is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning desi~gnations. R-6 County zoning converts to the Ciry's R-7 zoningg. As this is a Zone Change Annexation (Zl 1i) application, upon approval and execution of the proposed annexation, the proposed territory will automatically convert to R-7 zoning. In addition, the City s Comprehensive Plan designation for medium-density residential will be applied to this area. Chapter 18.320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently R-6 and will automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the CROSS ANNEXATION ZCA2008-00001 PAGE 6 OF 10 Community Development Code (Tide 18) using standards of approval contained In 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 20 days prior to the hearing I and and to publish notice at least 10 business days prior to the hearing for 2 consecutive weeks; the City mailed notice on March 18, 2008, and published public notice in The Tiggand Tualatin Sherwood Times for two successive weeks (March 20, 2008 & March 27, 2008) prior to the April 8, 2008, public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in cornph anc e with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is, therefore, in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory w en owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and pprovide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The two owners of the 0.53-acre subject parcel have signed a petition for annexation to the City. The subject parcel is contiguous to the City's boundary on three sides. The proposed right-of-way adjoins the subject parcel or is contiguous to the City's boundary. The City has acted on its own motion to annex the two additional pieces of right-of-way on SW Beef Bend Road. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (March 20, 2008 & March 27, 2008) prior to the April 8, 2008, public hearing and posted the hearing notice at four public places on February 22, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the vicim of the proposed territory off SW Bull Mountain Road. Staff funds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that this report is available 15 days before the hearing (March 24, 2008 for an April 8, 2008, hearingg). Staff has determined that the applicable METRO regulations (Metro Code 3 09 040(jb )d)) have been met based on the following findings: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider CROSS ANNEXATION ZCA2008-00001 PAGE 7 OF 10 agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2006). (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable ggoals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place April 8, 2008. If the Council adopts findings to approve ZCA2008- 00001, the effective date of the annexation will be 30 days later on May 8, 2008. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable rovisions in an urban service provider agreement or annexation plan adopted pursuant to OR 195.065; As addressed previously in this application, the proposed annexation complies with all applicable provisions of urban service provider agreements (U3AA (2006) and the TUSA (2006) The proposed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UP,-M, providing Washington County with 45-day notice prior to the public hearing. The agreement states that `so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes CROSS ANNEXATION ZCA2008-00001 PAGE 8 OF 10 contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006), which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits any' services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 18.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code (Chapter 18 of the City Municipal Code) will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Building Division reviewed the proposal and has no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation, but did not comment. However, the Division made comments during the County land use review, indicating that the subject property was required to annex into the City to receive urban services that are inside and maintained by the City. The City Arborist reviewed the proposal and indicates there were several trees on site (as of the most recent aerial photo taken in July 2007) that have been recently removed. The City Arborist makes note that removing trees prior to being annexed into the City and with the intention of developing is not consistent with the City's tree code, which favors retention over removal wherever possible. RESPONSE: According to the County decision, the developer had proposed to remove three trees and then retain trees where possible during the building phase. The County planner who reviewed the land use application indicated that the County recommended the retention of the trees while recognizing the developer would likely remove them. In addition, the trees removed so far were removed to provide access to the site. The other trees on site will likely be removed to accommodate the new homes. Because the subject parcel received County land use approval prior to annexing, the proposed development will CROSS ANNEXATION ZCA2008-00001 PAGE 9 OF 10 comply with the conditions of the County approval with regard to trees. As previously discussed, this land use approval was issued almost a year ago and it is not the City's current policy to allow developers to apply for County land use approval prior to annexing if the necessary service connections are within the City's boundaries and maintained by the City. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and noted that construction plans for the subject site have been submitted for review at CWS under Site Development Project # 9197. CWS notes that the plans have not been approved and have been returned to the applicant with redline comments. In addition, when the parcel is annexed to the City as a condition of utilizing the City maintained storm system and connection to City water, the City may assume responsibility for reviewing construction plans for all aspects of the project that would normally fall under City purview if the parcel were already within the City limits. Included is a list of applicable US standards regarding Sanitary Sewer, Storm Drainage and Water Quality, Sensitive Area and Erosion Control. RESPONSE: The applicant is required to obtain a Public Facility Improvement Permit with the City of Tigard Development Review Engineering Division and shall submit construction plans for the City's review and approval. SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 2008. As of the date of this report, staff has not received any written comments. 3/24/2008 REPA BY roily Eng DATE --Assistant Planner e~ 3/24/2008 REVIEWED BY: Richard Bewe sd rff DATE Planning Ma ager CROSS ANNEXATION ZCA2008-00001 PAGE 10 OF 10 Agenda Item # Meeting Date April 8, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Finalization of Sanitary Sewer Reimbursement District No. 44 (SW Cherry Drive) -WIR -RAI Prepared By: Greg Berry Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Finalize Sanitary Sewer Reimbursement District No. 44, established to construct sanitary sewers in SW Cherry Drive. STAFF RECOMMENDATION Approve, by motion, the proposed resolution finalizing Reimbursement District No. 44 as modified by the Final City Engineer's Report. KEY FACTS AND INFORMATION SUMMARY • At its July 24, 2007 meeting, City Council was requested to form a reimbursement district to serve 23 lots in this area. Following public testimony, City Council approved the Resolution forming the District but directed staff to remove four of the lots, 7510, 7530, 7550 and 7570 SW Cherry Drive, from the district. These four lots will be served from a line behind the houses constructed through a separate reimbursement district. Council approved the formation of Reimbursement District No. 44 by readopting Resolution No. 07-50 on August 28, 2007 following an informational hearing. No public testimony was offered. • Construction of the improvements has been completed and final costs have been determined. The final actual cost of the project is $430,856, which is less than the $463,364 originally estimated. The difference between the estimated and actual costs is primarily in the quantity of rock excavation, which turned out less than expected. The City Engineer's Report has been revised accordingly. On March 21, 2008, notices of the hearing to finalize the district were mailed to owners within the district. No responses to the notices were received. • This Reimbursement District installed sewer service to 19 lots on SW Cherry Drive, Fir Street and 76`'' Avenue. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each property owner must pay a connection fee, currently $2,835, and is responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. The sewer connections are available should property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer. • Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the Final City Engineer's Report attached as Exhibit A to the proposed resolution. • If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS The proposed Reimbursement District meets Goal No. 1, Updating the Comprehensive Plan, by providing areas with septic systems with sewer service as required by the Plan. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, Final City Engineer's Report Exhibit B, Map Attachment 2- Resolution No. 07-50 with Exhibits A, B (7 pages) Attachment 3- Vicinity Map Attachment 4- Notice to Owners Attachment 5- Mailing List Attachment 6- Resolution No. 01-46 Attachment 7- Resolution No. 03-55 FISCAL NOTES The final actual cost of the project is $430,856. This amount includes the final cost of construction, $379,609, plus $51,247 for administration and engineering as defined in TMC 13.09.040(1). The project was originally estimated to have a total cost of $463,364. The lesser actual cost was largely the result of work quantities being less than expected. No work beyond the work quantities as bid was required and rock excavation was less than estimated. The portion of the final costs assigned to each owner is tabulated in Exhibit A of the attached proposed resolution. The cost to each owner under the Incentive Program established by Resolution No. 01-46 is also shown. Funding is by unrestricted sanitary sewer funds. i:leng\2007.2008 y ciptcheiry sl sanitary sewer extension disc 44NnalizationM-08-08 reire disc 44 ais.doc CHERRY DRIVE FY 2007-08 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 44 A PORTION OF THE SW 1 /4 SECTION 1 T2S R1 W W.M. VARNS ST VARNS a FIR ST ^ FIR ST N ~ s~ > W Q Q Z H 04 SANDBURG ST F VICINITY MAP NTS Attachment 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07-_~ D A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW CHERRY DRIVE) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 44 (SW Cherry Drive) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment, and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 44," attached hereto as Exhibit A, is hereby approved. SECTION. 2:_ A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 44." SECTION 3: Payment of the reimbursement fee, as shown in Exhibit A, is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4: An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5: The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 07 -_5(2 Page 1 PASSED: This j--ffday of 2007. Zd: Mayor - ity of Tigard ATTEST: City Recorder - City of Tigard Tigard City Council hereby readopts Resolution No. 07- 50 as amended by Council motion on July 24, 2007 and the subsequent review of the amended Exhibits A and B and receipt of public testimony on these amendments on August 28, 2007. This Resolution is effective immediately upon passage. Passed this 28"' day of August, 2007. Mayo - City of Tigard ttest: City Recorder - City of Tigard Certified to be a 'I rum Cojp:r of Original on File By: ~ De ty Recorder - City of *and Date:__ DU RESOLUTION NO. 07 - ~D Page 2 Exhibit A Amended City Engineer's Report Sanitary Sewer Reimbursement District No. 44 (SW Cherry Drive) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program, the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,835, and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made.' In addition, property owners are responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 19 lots in the following table will require the extension of an existing sewer in SW Cherry Drive. Extension of an existing line in Hunziker Street will be required to provide service to the lots to the north. The proposed project would provide sewer service to a total of 19 lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the 19 lots is $408,250. Engineering and inspection fees amount to $55,114 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $463,364. This is the estimated amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay a connection and inspection fee, currently $2,835, upon connection to the public line. All owners will be responsible for all plumbing costs requited for work done on private property. Reimbursement Rate All properties in the proposed district are zoned R-3.5 but vary in lot size from about 16,000 to 21,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. Exhibit A Page] of 4 Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $1.33937236 per square foot of lot served. Each owner's fair share would be limited to $6,000, to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No. 03-55 (attached). Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted August 14, 2007 u tin P. Duenas, P.E. Ci ngmeer i:Wng12007-2008 fy ciplcherry st sanitary sewer extension dirt 441formation 8-28-071&28-07 reint dist 44 report ex a.doc Exhibit A Page 2 of 4 CHERRY DRIVE Reimbursement District No. 44 Estimated Cost to Property Owners August 3, 2007 AMOUNTTHAT OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) AREA (AC) ESTIMATED AMOUNT TO BE PAID AMOUNT TO BE PAID CAN BE REIMBURSEMENT FEE BY OWNER BY CITY DEFERRED BY OWNER 1 ELLENSON, TYLER & MARGARET 13280 SW 76TH AVE 25101 D600619 17325.620763 0.398 $23,205 $14,205 $9,000 $8,205 2 TROTTI, LOUISE 7705 SW CHERRY ST 2S101DB00610 15309.367730 0.351 $20,505 $11,505 $9,000 $5,505 3 WILLIAMS, KENYA E 13315 SW 76TH AVE 2S101DB00615 15311.599899 0.352 $20,508 $11,508 $9,000 $5,508 4 ABBLITT, JAMES B & RANDI 1 7700 SW CHERRY DR 2S101DB00607 16248.066986 0.373 $21,762 $12,762 $9,000 $6,762 5 MYERS, KENNETH E 13320 SW 76TH AVE 2S101 DB00618 17508.899227 0.402 $23,451 $14,451 $9,000 $8,451 6 GUTHRIE, GEORGE DEREK & DOLORES 7665 SW FIR ST 2S101DB00609 16360.816831 0.376 $21,913 $12,913 $9,000 $6,913 7 WIDMAN, INEZ C 13355 SW 76TH AVE 2S101DB00616 15970.488490 0.367 $21,390 $12,390 $9,000 $6,390 8 BLAGGE, DIANNE E 7670 SW CHERRY DR 2S101DB00608 16346.130924 0.375 $21,894 $12,894 $9,000 $6,894 9 THACKERY, RUSS 13360 SW 76TH AVE 25101 DB00617 17945.563754 0.412 $24,036 $15,036 $9,000 $9,036 10 MAYER, KENNETH D 7650 SW CHERRY ST 2S101DC02500 16294.455266 0.374 $21,824 $12,824 $9,000 $6,824 11 POWELL, JAMES WALTER TRUST 7660 SW FIR 2S101DC02600 20048.933656 0.460 $26,853 $17,853 $9,000 $11,853 12 BRIAN, THOMAS M 7630 SW FIR 2S101 DC02700 16490.424369 0.379 $22,087 $13,087 $9,000 $7,087 13 MEMOVICH, BARBARA J TR 7630 SW CHERRY ST 25101 DC02400 20428.898173 0.469 $27,362 $18,362 $9,000 $12,362 14 PYNE, KEVIN M 7615 SW CHERRY ST 2S101DC02800 20824.338877 0.478 $27,892 $18,892 " $9,000 $12,892 15 TAKAHASHI, WAYNE H 7610 SW CHERRY DRIVE 2S101DC02300 22818.110527 0.524 $30,562 $21,562 $9,000 $15,562 16 CHICK, MARIBETH A 7595 SW CHERRY ST 25101 DC02900 19383.890918 0.445 $25,962 $16,962 $9,000 $10,962 17 VANDERBURG, JOHN SCOTT 7590 SW CHERRY DRIVE 2S101DC02200 25503.694437 0.585 $34,159 $25,159 $9,000 $19,159 18 EDWARDS, GREGORY L 7545 SW CHERRY ST 25101 DC03000 20524.595381 0.471 $27,490 $18,490 $9,000 $12,490 19 FREZZA, CONRAD NICHOLAS & APRIL 13275 SW 76TH AVE 2S101DB00614 15311.98773 0.352 $20,508 $11,508 $9,000 $5,508 Totals 345956 7.94 $463,364 $292,364 $171,000 $178,364 The "ESTIMATED REIMBURSEMENT FEE" column shows the estimated reimbursement fee for each lot. There are no requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. In accordance with Resolution No. 01-46, each property owner will be required to pay the first $6,000 of the final reimbursement fee for connections completed within the first three years of City Council's approval of the final City Engineer's Report following construction. The "AMOUNT TO BE PAID BY CITY" column shows that portion of the reimbursement fee that the owners will not be required to pay if they connect to the sewer during this three year period. This resolution also requires owners to pay any fair share amount that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus that amount of the fair share that exceeds $15,000. Under Resolution No. 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. This amount is shown in the "AMOUNT THAT CAN BE DEFERRED BY OWNER" column. In addition to the reimbursement fee, the owners will also be required to pay a connection fee, currently $2,835, at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. PAGE 3OF4 CHERRY DRIVE Reimbursement District No. 44 Estimated Cost to Property Owners Summary August 3, 2007 Estimated Construction Cost $355,000 15% contingency (construction) $53,250 Estimated construction subtotal $408,250 13.5% contingency (Admin & Eng) $55,114 total project costs $463,364 total area to be served (S.F.) 345,956 total cost per S.F. to property owner $1.33937236 PAGE 4OF4 CHERRY DRIVE FY 2006-07 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 44 A PORTION OF THE SW 1 /4 SECTION 1 T2S R1 W W.M. PL Q O Q' O Q' O Q' 76TH AVE ,~h 7630 SW N 3 N ~ M FIR ST V) Q cow O~ o' U-) w ~ ^ ~w rnw cot LO_ V 7660 SW FIR ST 1Z 10 o 0 ° A- ° w ° W w Cif NOTE: All properties in the reimbursement district are zoned R-3.5 EXHIBIT B NTS Attachment 3 CHERRY DRIVE FY 2007-08 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 44 A PORTION OF THE SW 1 /4 SECTION 1 T2S R1 W W.M. VARNS ST VARNS a to FIR ST ^ FIR ST N ~ s~ > W Q ~ Q Z 't SANDBURG ST VICINITY MAP NTS Attachment 4 March 21, 2008 NOTICE of PUBLIC HEARING Tuesday, April 8, 2008 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on April 8, 2008, at 7:30 pm at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Capital Construction and Transportation Division at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW Cherry Dr.). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 44 formed to install sewers in SW Cherry Drive, Fir Street and 76th Avenue. Each property owner's recommended fair share of the public sewer line is $1.24540646 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03-55. 11eng12007-2008 ry Gptclierry st sanitary sewer extension disc 44Vinalizationt4-8.08 reim disc 44 notice 3.doc 2S101DB00619 2S101DB00610 ELLENSON TYLER & MARGARET TROTTI LOUISE 13280 SW 76TH AVE 7705 SW CHERRY ST TIGARD OR 97223 TIGARD OR 97223 2S101DB00615 2S101DB00607 WILLIAMS KENYA E ABBLITT JAMES B/RANDI I 13315 SW 76TH 7700 SW CHERRY DR TIGARD OR 97223 TIGARD OR 97223 2S101DB00618 2S101DB00609 MYERS KENNETH E GUTHRIE GEORGE DEREK & DOLORES 13320 SW 76H 7665 SW FIR ST TIGARD OR 97223 TIGARD OR 97223 2S101DB00616 2S101DB00608 WIDMAN INEZ C BLAGGE DIANNE E 13355 SW 76TH AVE 7404 SW DELAWARE CIR TIGARD OR 97223 TUALATIN OR 97062 2S101DB00617 2S101DC02500 THACKERY RUSS MAYER KENNETH D AND 13360 SW 76TH AVE 7650 SW CHERRY ST TIGARD OR 97223 TIGARD OR 97223 2S101DC02600 2S101DC02700 POWELL JAMES WALTER TRUST BRIAN THOMAS M 7660 SW FIR ST 7630 FIR ST TIGARD OR 97223 TIGARD OR 97223 2S 101 DC02400 2S 101 DC02800 MEMOVICH BARBARA J TR PAYNE KEVIN M 7630 SW CHERRY DR 7615 SW CHERRY DR TIGARD OR 97223 TIGARD OR 97223 2S101DC02300 2S101DC02900 TAKAHASHI WAYNE H CHICK MARIBETH A 7610 SW CHERRY ST 11575 SW PACIFIC HWY TIGARD OR 97223 TIGARD OR 97223 2S 101 DC02200 2S 101 DC03000 VANDERBURG JOHN SCOTT EDWARDS GREGORY L 7590 SW CHERRY DR 7545 SW CHERRY TIGARD OR 97223 TIGARD OR 97223 2S101DB00614 FREZZA CONRAD NICHOLAS & APRIL 13275 SW 76TH AVE TIGARD OR 97223 Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO.01- A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS,. on September 26, 2000; the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years-through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee; which is still payable upon application for RESOLUTION NO. 01- ~ Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This day of 2001. ayor Ci of azd ATTEST: Recorder - City of 'and I.•\Citywide\Res\Resohution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.01-(.! Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STAWNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 10671 & JOHNSON No.12 5,598 No reimbursement available 100' & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARANo.17 8,000 July 11,2003 WALNUT & 121' No.18 - Amount to be reimburoed will be Throo years from service availability ROSE VISTA No.20 determined once final costs are determined. 'Currently being constructed Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 03-_55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood,Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement. districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the the portion existing structur-e-pay a-reimbursement fee of-$6-,000-,and-defer payment-of of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- 5~ Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. f ~t PASSED: This / - day of C- 2003. 4,~yeW Gity of Tigard Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigard C 9VRG4ei++0utsaaml dMdtbkeNSlons -014a au0 20 03ba 14 03 m .W00-14-03 adddb. t0 m 14a=.do RESOLUTION NO.03- ~S Page 2 } AGENDA ITEM No. 7 Date: April 8, 2008 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT 'DISTRICT NO. 44 - CHERRY DRIVE Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 7 Date: April 8, 2008 PLEASE PRINT Proponent - S peaking 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. X\ ~'Rimbursement District No. 44 ,,'Berry Drive Finalization of Sanitary Sewer ' Re/ bursement District No. 44 m berry Dr.) 19 lots in f the district, April 8, 2008 z Re' bursement District No. 44 Reimbursement District No. 44 :-Estimated construction cost range prior to bid: District includes sewer service to 19 lots $367,000 to $449,000 Project is completed and sewer can be made •:•6 responsive bidders with good competition available to the lots Contract award: $394,488 ❖ District formed through Resolution No. 07-50 -The final construction cost based on actual work quantities: $379,609 -:-Final construction cost is approximately 3.8% less than the contract award amount 3 Reimbursement District 44 (SW Cherry Dr.) 1 Reimbursement District No. 44 Mmbursement District No. 44 VF l Costs A ntive Program -*Total Project Cost: $430,856 - Reduced to $6,000 to the extent that it does not e -Final actual construction cost: $379,609 exceed $15,000 if connection is made within three 13.5% administrative and engineering costs: $51,247 years after service becomes available e• Reimbursement Fee (Per Owner) Upon request, amounts over $15,000 may be deferred until development occurs • 19 lots served If all 19 lots connect within three years and • Total area served: 345,956 square feet request deferrals, the property owners would pay • $1.2454 per square foot of lot served $114,000 and the City $316,856 5 6 Reimbursement District No. 44 " ditional Owner Costs ~ ~'ta fRecommendation Each owner pays the following: ❖ That Council pass the resolution finalizing • $2,835 connection and inspection fee which funds treatment facility construction Reimbursement District No. 44 • $50 (average) service charge per two months for (Cherry Drive) operation and maintenance of the entire system ❖ Sewer will be made available upon • All costs to connect to the lateral installed through passage of the resolution this project 7 B Reimbursement District 44 (SW Cherry Dr.) 2 Agenda Item # Meeting Date 4pri18. 2008 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Adoption of Downtown Implementation Strategy FY 08-09 Prepared By: Phil Nachbar Dept Head Approval: ~G City Mgr Approval:l ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Shall the City Center Development Agency (CCDA) approve the FY 08-09 Downtown Implementation Strategy? STAFF RECOMMENDATION Review and approve the FY 08-09 Downtown Implementation Strategy. KEY FACTS AND INFORMATION SUMMARY The Downtown Implementation Strategy is the key document intended to organize and prioritize near-term (1-3 years) and long-term (over 3 years) policies and actions for the Downtown. It includes goals, policies, and both 1-year and 3- year Action Plans. The Strategy is updated annually providing the opportunity for the CCDA to review progress, determine priorities, and revise the direction if needed. The first Strategy was adopted in August 2006; this represents a third update for FY 2008-09. Adoption of the Downtown Implementation Strategy provides specific direction to staff and the City Center Advisory Commission (CCAC) for a FY 08-09 Work Program and an overall strategy for Downtown. This year's Strategy update incorporates new actions as recommended in the Leland Development Strategy completed in October, 2007. The Leland Consulting Group was hired to provide an "outside, objective" point of view in contrast to the Downtown Implementation Strategy developed by the City. While Leland Associates has stated that "Tigard is clearly on the right track," the firm also provided a list of what they think are the most important actions to take in the -near-term. These include working with owners of property adjacent to the planned plaza, the 2 shopping centers at Hall / 99W (Tigard Plaza and Rite Aid-Value Village), and sites along Burnham St. for housing; further developing the feasibility of redevelopment of the above properties; completing a "success audit" as a marketing tool for Downtown; assembling property for housing; and adopting new land use and design standards. In response to Leland's recommendations, all of their suggested actions have been included in the work program for the upcoming year and 3.-. year action plan where appropriate. The CCAC has reviewed the update of the Downtown. Implementation Strategy and passed the following three recommendations for consideration by the CCDA: 1. The CCAC recommends adoption of the Downtown Implementation Strategy as revised for fiscal year 2008-09 (March meeting). 2. The CCAC requests that the CCDA include in the fiscal year 08-09 budget additional funding in the amount of $100,000 for consulting services outlined on page 4 of the letter provided by Leland Consulting Group dated 16 November, 2007, and for relocation assistance as needed (Feb meeting). :3. In as much as housing drives the market, and Leland has recommended a housing study, the CCAC recommends that sufficient funding be provided to complete a housing study in the next fiscal year 08-09, with potential partnership with the private sector. The CCAC recommends that the CCDA consider a budget amendment as necessary for funding (March meeting). While The Leland Group states that housing will be the largest component of revitalization in Downtown, and will create a resident population to support new commercial businesses, their near-term recommendations are to conduct project-based feasibility studies that include housing, as opposed to a broader housing study. The housing study is an action item which was included in the Strategy, and is intended to analyze the housing market, and what opportunities exist for Downtown. In light of both Leland's recommendations to "get individual projects underway" and the CCDA's interest in moving forward, staff recommends utilizing limited resources to undertake housing feasibility for specific projects, in particular the properties adjoining the plaza and the Public Works site annex. A broader housing study will be useful information but more appropriate for use at a later time. In addition to the above recommendations, The Leland Group emphasizes the importance of strong leadership in both the, public and private sectors. The Leland report states that "while the city council is solidly behind downtown, private sector leadership is fractured" (page 4, Development Strategy Oct. 2007). The consultants recommend strengthening the Downtown association and improving communication between the City and the private sector. Although these recommendations have been incorporated into the revised FY 08-09 Downtown Implementation Strategy, it will be up to the private sector and the CCDA to provide direction for accomplishment of these goals. As a first step, staff has coordinated a joint meeting on April 9`' between the Tigard Central Business District Association (TCBDA), and the CCAC with a representative of the Oregon Downtown Development Association (ODDA) to initiate the discussion. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Implement the Downtown Urban Renewal Plan. Prioritize and begin implementing tasks identified in the development strategy for Downtown. ATTACHMENT LIST A;ftachment 1 - FY 08-09 Downtown Implementation Strategy FISCAL NOTES There are no direct costs associated with approval of the Downtown Implementation Strategy, however, work tasks within the FY 08-09 Work Program have been included in the FY 08-09 budget request for approval by the Budget Committee at a later time. \VIg20V6etpub\tig2ONw oolVo"sVorm docs\ccda agenda item summary sheet 07.doc lementation trateg Downtown i np JULY 2008 ,rte f'y~ ;,q ~~fy r t ' 4 ti r Y.~- I t r . . v 1 . Y. ~ e o D_o o ~aozo oo~f ~~o7al `"X`~~J Acknowledgements Tigard City Council City Staff Craig Dirksen, Mayor Craig Prosser, City Manager Sydney Sherwood, Councilor Tom Coffee, Community Development Director Gretchen Buehner , Councilor Ron Bunch, Asst. Community Development Director Nick Wilson, , C Counouncilor Bob Sesnon, Finance Director Tom Woodruff, Councilor Gus Duenas, City Engineer Dennis Koellermeier, Public Works Director City Center Advisory Commission Dick Bewersdorff, Current Planning Manager (Current and Former Members) Phil Nachbar, Downtown Redevelopment Manager Alice Ellis Gaut (Chair) Carolyn Barkley Project Staff Alexander Craghead (Alternate) Phil Nachbar, Research & Whiting Ralph Hughes Sean Farrelly, Editing Lily Lilly Helen Kerstiens-Marvin, Design dam' Layout Thomas Murphy Elise Shearer ■ JULY 2008 > 1 Glossary of Terms Long-term actions. Actions occurring beyond a Tigard Urban Renewal Plan. A Plan developed in three (3) year timeframe. accordance with State Law to qualify for use of Brand Tigard. The Tigard Downtown tax increment financing to fund projects in the Near-term actions. Actions occurring within a Downtown. Improvement Plan (TDIP) referred to specific three (3) year timeframe. improvements in the Downtown that could create Urban Creek Corridor. A series of park-like a unique identity or "brand Tigard." The use of Open Space. Area designed for use by blocks running north to south in the Downtown Green Streets (see below) is one way of creating a pedestrians, public space. It may be built with connecting the north end to Fanno Creek Park on unique identity in Downtown Tigard. hard surfaces such as concrete for sidewalks, or the south. landscaped with plantings. Catalyst Project. Refers to one of eight (8) Urban Design. Refers to layout and function projects in the Tigard Downtown Improvement Overlay Zone. A zone with specific site, land use of streets, pedestrian circulation, open space, Plan thought to attract or stimulate new or building design requirements. Usually created and land uses (residential, office, mixed use, development. for a specific area to address environmental or commercial). building concerns unique to that area. Ecological. Refers to the restoration of landscape Willing Seller Environment. The Urban Renewal using native plants that are adapted to the specific Streetscape Design. Refers to the design of the, Plan does not permit the use of condemnation soil and climatic conditions of the area. street, parking, sidewalk, street furniture, and for land assembly. In order to assemble land for Gateway. Refers to the design of the intersection landscaping for a particular street. redevelopment it will occur in a willing seller" of two streets as an entryway to the Downtown. Sustainable. Refers to the use of natural methods environment, where property owners will be The intersection might include landscaping, walls, of addressing environmental concerns such encouraged to participate but will retain their right or monuments that would be visible by drivers by, as storm water runoff, habitat restoration, or not to sell their property. and recognized as a "gateway" to Downtown. building. Green Connections. A blend of natural ecological Includes the use of water infiltration through use features as seen in Fanno Creek Park integrated of porous surfaces instead of paving or concrete, into the Downtown. native plants, and recycled building materials. Green Heart. Term used in developing the Tigard Tigard Downtown Improvement Plan. The Downtown Improvement Plan meaning the Plan for the Downtown developed by citizens center of the community containing natural and with assistance and guidance from Staff and landscaped open space. consultants, accepted by Council September 2005. Green Street. Refers to the use of sustainable Tax-Increment Financing. The method of methods of handling storm water runoff, such as financing authorized under Urban Renewal. Tax natural infiltration, native planting beds, pervious revenues generated from the appreciation of paving materials and swales. property within the Urban Renewal District are used to finance projects within the Plan. 2 > JULY 2008 FT~o Do o• o hM=ffdM What is the Downtown incorporates many of the Implementation Strategy? recommendations from the Tigard The Downtown Implementation Development Strategy report ± Strategy is a document to guide completed by Leland Consulting - Group in October 2007. This the City's actions to translate the strategy was undertaken to provide f• "vision" for downtown into a "reality." It incorporates the policy an unbiased professional opinion of e~4c\~ i Olt 1 the redevelopment potential of the objectives of the Tigard Downtown Downtown Urban Renewal District. \ x Improvement Plan, adopted by City Council on September 25, 2005, How is the Downtown into a strategy and set of near- - Implementation Strategy term' and "long-tervl' actions the _ City should take to implement the intended to be used? Plan. The Strategy includes four (4) The Strategy is intended to provide key strategies with thirty-five (35) policy guidance and specific actions N supporting actions, a 3-Year Action necessary to implement the Tigard A~~y ° Plan, and a 1-Year Work Program. Downtown Improvement Plan. yX 11k. The 3- Year Action Plan and 1-Year How was the Downtown Work Program accompanying the Implementation Strategy Strategy are intended to provide' developed? direction as to priorities and actions , to be taken. As projects and actions The Strategy was developed by l i analyzing the Tigard Downtown are completed and more experience / Improvement Plan, Tigard obtained, the Strategy should be X Urban Renewal Plan, and revisited and revised accordingly. U determining the key policies and It is recommended that the 3- City Center projects within those documents Year Action Plan and 1-Year Work Urban Renewal that could be used to or anize a Program be updated annually so that District strategy. There were also many progress can be monitored, and new discussions with the City Center Plans/Programs revised to reflect Tigard, OR ~o progress or timeframe adjustments. ? Advisory Commission (CCAC), former Downtown Task Force The 3-Year Action Plan should be City Center Urban Renewal District tied members, and staff before devising to the City's Capital Budget the strategies. The Downtown to reflect priorities and funding requirements for each project. Implementation Strategy also JULY 2008 > 3 am~19 Dag Executive Summary The Downtown Implementation Strategy includes four (4) key strategies, thirty-five (35) - ° supporting strategies, a 3-Year Action Plan and a 1-Year Work Program. The 3-Year Action x Plan provides a summary of the priorities and actions for Downtown, and the 1-Year Work Program identifies more specific staff actions - for the first year of the 3-Year Action Plan. Both will be updated annually to reflect progress and timeframe adjustments. The our key strategies are: • Encourage and Facilitate Redevelopment Projects in Downtown • Improve Fanno Creek Park and Develop an _ Open Space System in Downtown Downtown Plaza Arial Perspective from Burnham Street i • Develop Comprehensive Street and i Circulation Improvements in Downtown. i and manage high priority "Catalyst" projects, advantage of Tigard's unique proximity to a park • Develop Organizational Leadership and identify redevelopment opportunities, maintain a as an amenity. The "Green Heart" as an identity Capacity in Downtown I dialogue with developers, assist in land assembly, for Downtown includes Fanno Creek Park and develop Land Use and Design Guidelines, the Downtown Plaza, which will be programmed conduct a housing study, and encourage public as a public gathering space for outdoor events, 1. Encourage and Facilitate Redevelopment involvement. More long-term actions to encourage and serve as a central gathering place for the Projects in Downtown. Under Urban Renewal redevelopment include: developing projects that community. A Master Plan for Fanno Creek Law, taxes generated from the appreciation incorporate public open space, and assisting Park and Plaza was adopted by the City Center of property in the Downtown may be used businesses to relocate in order to provide parcels Development Agency (CCDA) in February 2008, to finance projects within the Urban Renewal for redevelopment. and will be incorporated into the City's 5-year Plan. As a strategy, the City will facilitate Community Investment Plan, updated annually. redevelopment so that the appreciation of 2. Improving Fanno Creek Park and Developing property results. To encourage redevelopment, an Open Space System in Downtown is a tenet Key near-term actions include: restoring and recon- the City will carry out near-term actions to: initiate of the Downtown Improvement Plan, and takes structing lower Fanno Creek Park, developing 4 > JULY 2008 e• 0 0 0 0 ~~~~_l~J_QS ~9 CY•-4 o'i concepts for the Urban Creek obtaining an at-grade rail crossing at Corridor, and developing the Fanno Ash Ave., and developing gateways, % °Pp°OO Creek Trail west of Downtown. Long- a bike route plan, and a parking r*wenaya,,,, term actions include: constructing the management plan. ' a~a~►ii,a.. VOr O. Downtown Plaza and completing the Open Space System in Downtown, 4. Developing Organizational ti~ • determining the type of public spaces Leadership & Capacity in Downtown. / . in the Urban Creek Corridor, and Successful downtowns are the developing the "Rail to Trail" system result of strong leadership at~ O along Tigard Street into Downtown. both the public and private levels. " O Development of a strong downtown 3. Developing Comprehensive Street association as a way to expand the Nov ~ / Feab" - and Circulation Improvements in involvement of local businesses O: Downtown is the third strategy and and enhance communication is referenced in the Downtown between the City and the private Improvement Plan as "Streetscape sector is prerequisite to successful Enhancement," a "Catalyst" redevelopment. A strong private ' Ama project. Under the Plan, providing non-profit organization can provide ~'d- - well designed Streets that are needed services such as marketing, a^~~ "well connected" and "promote organizing events, educating J R~T~ cow walking, biking and use of transit merchants, recruiting tenants and will attract development" to the developers, and directing a broad - Downtown. Near term actions include: range of outreach activities. Creating implementing the recommendations a close, collaborative relationship i ` ~llav. Entrance of the Comprehensive Streetscape among the City Center Development Design Project, improving streets Agency (CCDA), the City Center in areas with high potential for Advisory Commission (CCAC), and redevelopment, refiring the a downtown association will assist circulation system for Downtown, the City in keeping a better "pulse" developing a "Gateway" at Hall on issues, trends, and prospective Fanno Creek Park Master Plan Blvd./99W, and redesigning and projects in order to facilitate private re-constructing Burnham and Main and public-private transactions. The Streets as a Green Streets with City will support near-term actions by pedestrian amenities. Long-term actions the private sector to establish a broad- include: achieving consensus on based, self-supporting downtown alternative access to Downtown, association. JULY 2008 > 5 ! ?j 0 ---,Wn &A o 9 uai l !:M: [7- 1. Encourage and Facilitate Redevelopment Projects in Downtown _ the Plaza to Main Street and lower Fanno Creek (rCOur vision of Downtown Tigard is Park as adopted in the Fanno Creek Park & Plaza an... active urban village at the heart of our Master Plan, further supports redevelopment - and development of a unique public gathering ' CAi~E community... pedestrian oriented, accessible place for the community. Close coordination OiLPOT by many modes of transportation, recognizes with the financial needs of property owners and natural resources as an asset, and enables developers will be important. Some of the key public projects in the Urban Renewal Plan include: people to live, work, play and shop in an streets, parks, plazas, a public market, bicycle/ ~'X environment that is uniquely Tigard. pedestrian facilities, a performing arts center, or Downtown Tigard - circa 1940s other assistance to facilitate redevelopment. Tigard Downtown Improvement Plan There are inherent challenges to facilitating Overview: redevelopment in Downtown Tigard in particular. Stimulating redevelopment in the Downtown is Land assembly faces the challenge of the critical to developing a long-term funding source relocation of long-standing businesses, and the difficulty of assembling land for redevelopment under Urban Renewal. Under Urban Renewal without the power of condemnation. One of Law, taxes generated from the appreciation of the goals for the first few years will be to identify property in the Downtown may be used to finance redevelopment opportunities and develop a approved projects. As a result, new development program for land assembly. This will necessitate will result in an increase in tax revenues to - support projects within the Plan. Since all new a clear understanding of the market place, development environment, and the needs of development will generate needed tax revenues, it property owners. is important to facilitate redevelopment projects wherever they might occur in Downtown. The The City's role in facilitating redevelopment City will assist in bringing about redevelopment projects in Downtown will develop over time, by evaluating opportunity sites, developing a but will initially include prioritizing public Downtown Tigard - 2006 program for incentivizing new development where improvements, developing a program for land possible, and executing projects within the Urban assembly, working with developers to identify Renewal Plan. Developing the Downtown Plaza opportunities and ways in which the City can in conjunction with an adjoining redevelopment participate, developing Land Use and Design project is a priority and intended to stimulate Guidelines and managing key projects necessary new investment in the core area. Connecting to implement the Urban Renewal Plan. 6 > JULY 2008 e a D o 0 0o z onl- ~ e-~ Near-Term Actions (13 Years) The Development of the Downtown Plaza will be a major 1.1 Manage "Catalyst Projects" priority. The Fanno Creek Park / in Downtown & Plaza Master Plan, adopted in February 2008, provides The Tigard Downtown Improvement ►+0 siting, and conceptual design uyM cot„mm Plan identified eight (8) "Catalyst" for the Fanno Public Use Area Cafe Seaomg projects that have the ability to (Downtown Plaza), and adjoining ` alter the development environment redevelopment, including housing. ~-iMeraawe Fountain in Downtown and attract new Other actions to be taken include A development. The Catalyst projects such near term actions as planning Pavilion include: Streetscape Enhancement, for the acquisition of the property, Urban Creek Green Corridor/Urban Creek, Hall developing a funding strategy, ` Blvd./99W Downtown Gateway (see facilitating relocation of the sections 3.9, 4.4), Downtown Housing existing business, and working with Development, Ash Avenue Downtown neighboring property owners on wn t Improvement, Fanno Creek Public redevelopment.,. Area, Performing Arts Center, and the Post Office Relocation. In order The Leland strategy rated three of the to implement these projects, priorities catalyst projects as being of lower priority: need to be determined and tasks for Urban Creek Corridor - Could be . A' implementation defined. scaled back and implemented in the connections between the commuter w . Three of these projects have been { •j~. identified as high-priority: rail station and the Plaza, rather i than the separate Urban Creek H 4 ~t • The Hall Blvd./99W Gateway, with identified in the TDIP. q, = its rominent visibility, will provide a • The Post Office Relocation - ' visual landmark to draw people to Because of the Post Office's ability+ the downtown. to attract visitors to the downtown, L • Priority Streetscape Enhancement reconsider the use of public funds projects, including the redesign to relocate it. h ,40+~v- 'k and construction of Burnham F • Performing Arts Center - The and Main Streets, provide City should be willing to support S } ti necessary infrastructure to the building of the center, but ' y 50 )w support the Downtown Plaza, and should allow the private sector to'`' redevelopment in the core area. take the lead. Plaza Master Plan JULY 2008 > 7 1.2 Focus on Opportunity Areas Initially, the City will work with developers for Redevelopment and property owners to develop a program to stimulate the eventual There are two key opportunity areas redevelopment of these opportunity where there is high potential for redevelopment identified in the Leland sites. A Development Opportunity Studies (DOS) program, whereby grant report: 1. The area bordered by Fanno Creek assistance is provided to property Park, the railroad track, Main owners to demonstrate the potential Street and Ash Avenue, particularly for successful redevelopment, will be the properties in proximity to the evaluated for use in the Downtown. planned Downtown Plaza. A~ 2. The two shopping centers at the 1.3 Develop a Program for A Land Assembly intersection of Hall and Highway 99W (Tigard Plaza and the Rite- One of the key tasks necessary Aid/Value Village properties.) for redevelopment to occur is land t assembly. In order to be in a position kF The City will maintain a dialogue to work cooperatively with developers, with the development community the City will work with property including developers, bankers, and real owners and developers to assemble estate firms to assess opportunities, land for development. State Law and 4 and identify and structure joint- Tigard's Urban Renewal Plan forbid development projects. Interviews with condemnation as a method of land 1. Plaza DIsWd - E developers conducted in February assembly for private development. (It Main to Ash f ` 2005 provided input for development can be used for roads, parks or other St./RR to Panno crook Park of the Implementation Strategy and public improvements.) Working in a 2.2 Shopping Centers 9W"a0 I actions taken by the City Center "willing seller" only environment will B Development Agency as follows: require that the City work closely with 3. commuter Rail/ Transit Ske use of housing as a key catalyst, property owners to explore projects aPu blic works improvements in access and visibility of mutual interest. Priority projects 4. Public Works to the Downtown, incorporation of will include the Plaza District and public space (plazas, parks) with new properties adjoining the plaza, the Downtown Tigard Opportunity Areas development projects, assembly of key opportunity areas identified in Section parcels for development, and provision 1.2 above, and City-owned property of adequate parking. in the Downtown including the Public Works site. 8 > JULY 2008 c o D O 0 _ 0 "2+uu`fll~LlO QS ~3'lSE_Gx~2 1.4 Evaluate City-Owned Property 1.6 Develop Land Use/Design for Redevelopment Guidelines for Downtown The City of Tigard owns Before the Downtown Improvement L 'rte c~ r' all approximately 18 acres of land in Plan can be implemented the City v : ' - the Downtown. Some of the City's must ensure that Land Use regulations property is located in strategic areas and Design Guidelines are in place to S where redevelopment can occur. As guide development proposals towards part of the City of Tigard's plan for the type and quality envisioned ,r future facilities, it should evaluate in the Plan. While the City has an its future spatial needs, ability to existing Land Use ordinance for ~k % G f consolidate uses and property, and the Downtown in place, it was not perhaps, leverage its own property for developed for the new Downtown redevelopment in Downtown. The Improvement Plan, and will have to potential relocation and consolidation be revised or replaced to meet the of the Public Works Department intent of the Plan. Design Guidelines _ N . facilities could possibly free up the are used to review specific site and Public Works Annex (3.5 acres) and building proposals to ensure a level of the Public Works building at Hall design quality and will be developed and Burnham (4 acres) for future for the Downtown Plan. In order "i ~c~-~~ lit redevelopment and should to reserve or protect land for public be evaluated. space, such as the "Urban Creek ^A ' Corridor" or Fanno Creek Park, a land'''" 1.5 Refine Land Uses in Downtown use overlay zone will be evaluated to ensure that development proposals The Downtown Improvement Plan identified land uses for the Downtown. or other actions would not conflict 'a.P . `A"° "s° with future use of open space. In °°°"-Y' A This was done on a concept only level, order to assist redevelopment in a m~ and will need to be refined. Before a final land use map can be adopted Downtown, the expediting of land „m„o IIQOIIn eoo U _ ' use and development applications will an evaluation of specific uses and ~wp4 ~~~Ce urban design function should be done. be evaluated, and implemented where Fl9UR TOARO DOWNTOWN MPROVEMC-NT PLAN o.e.on appropriate. 10 Preferred Design Alternative Additional and important input from developers and citizens will also be Tigard Downtown Improvement Plan 1.7 Encourage Public Involvement valuable in addressing this issue. As key public projects are developed, it will be important to encourage JULY 2008 > 9 F7? - ~;j bwho)m~- the public to participate in the design process. development will be able to take advantage of _,.a r it F With broader input from the public, the goal unique amenities in the Downtown such as of building a downtown that represents the Commuter Rail, proximity to new parks and preferences of our citizens can be accomplished. open space, and in time, key civic places such For all of the key public projects such as as the Downtown Plaza, a Performing Arts parks, open space, plazas, streets, public art Center, an Outdoor Amphitheatre or Farmer's. or a Performing Arts Center, citizens will be Market. The Plan identifies locations for housing, t encouraged to participate in the early stages favoring moderate to higher density, mixed-use 's . of design through meetings, open houses, development, with availability for a wide range of presentations to advisory groups or by simply income levels. - reviewing documents posted on the City's'' website. In addition to this, public and private 1.9 Pursue Redevelopment Projects that projects require public hearings as part of the Incorporate Public Open Space ' land use process where citizens will have another - Having to react to specific proposals. a City park close to the Downtown is a unique feature which ties into the "sustainability 1.8 Conduct a Housing Study theme" and can garner public support for the revitalization effort. Experience from other cities, Housing will be the largest component of including Lake Oswego, has shown that pursuing Downtown Tigard's revitalization. As a strategy redevelopment projects that have a public space, Traditional Pavilion Design Option for revitalization, housing is also preferred park or plaza, as a major part of a project, is a because it increases the Downtown population good way to develop public support. Interviews and creates a larger market for retail and with developers conducted in February 2005 also commercial services specializing in convenience indicate that developers view park or plaza space goods and services. In addition to "catalyzing" in commercial districts as an added amenity and new development, housing provides the resident good for business. Yy population needed to activate the area and create a sense of community. One of the first steps will 1.10 Facilitate Business Relocation on Key Sites - be to conduct a housing study to analyze market One of the challenges to land assembly is working trends, affordability, and the types of housing ` and amenities needed for Downtown to be with existing businesses on key sites to facilitate Perspective of Plaza and Upland Park competitive in the marketplace. their relocation. Many of the businesses have been in the Downtown for a long time, but may have Downtown Tigard is ripe for new housing due interest in relocating. Others may not be interested is established, the City will work with business to its location, its existing and future amenities, in moving. Once opportunity sites have been owners on a range of options compatible with and positive market trends. New residential identified and redevelopment interest their long-term needs. 10 > JULY 2008 5~; 0 0 0 fro t t o II. Develop Fanno Creek Park and the Open Space System in Downtown the open space plan. This would, in effect, bring cc... preserves what is desirable in the area, the park into Downtown, creating a unique mix of the urban and natural environment. The Urban ' and promotes a public "green' and Creek Corridor would have an organizing impact open space character... consistent with the on the Downtown, defining a clear pedestrian vision for the community and its linkage and providing an amenity that future Downtown. " development can capitalize upon. Future projects bordering the green corridor would be encouraged -Tigard Downtown Improvement Plan to orient activities to take advantage of the public space value of this amenity. This project serves I Overview: the dual role of stimulating development while connecting Downtown areas. Fanno Creek Park as the southern edge of Downtown presents a unique situation` for Tigard. 6 It provides an opportunity to restore the native ' habitat and ecology, provides important civic gathering spaces, and brings the "green theme" into the heart of Downtown. The "Green I ` Heart"of Downtown and Fanno Creek Public Area are an integral part of the Tigard Downtown Improvement Plan, and the expansion of Fanno Creek Park is essential to realizing this goal. Other key design elements include an expanded open Play n Downtown Existing and Future Open Space space system, and the "Urban Creek Corridor," d ' a connecting Fanno Creek Park with the future Hou=rn9/PA a z• Regional Commercial District on the north end . I How.9 of Downtown. The adoption of the Fanno Creek /N ;atur l' Am / O aturaArea , Park and Plaza Master Plan (February 2008) is a significant step towards implementing this plan. X Urban Creek Corridor: Making a spatial ~q~tta~~ connection from Fanno Creek Park to a future /.1 Urban Creek Corridor that would run north to Plaza District Plan South in the Downtown is an essential feature of JULY 2008 > 11 Near-Term Actions (13 Years as a theme. It was thought of as a blending of nature with the O o000 !moo 00~ . . 2.1 Implement the Fanno Creek built environment with emphasis O grld" Park and Plaza Master Plan on linear parks, plazas, trees, ~ native landscaping, and water S 1si7 The completion of the Fanno O features. Because Fanno Creek 0• , - / : ~ ~ ~ Creek Park and Plaza Master Plan Park contains sensitive wetlands op~ represents a major achievement in and has a creek running through. the implementation of the Tigard Downtown Improvement it, it does not lend itself to active Plan uses, but rather more passive and will transform the degraded U 9 ones and restoration. Developing , O landscape into a major amenity this "natural green" theme for new residents. The City, with further incorporates the ideas of New its partner Clean Water Services,] will undertake several restoration sustainability and ecological TWO' restoration. These concepts will - projects, including replanting of p~ I Q~ be applied to the restoration of o ~ native vegetation, restoring natural Fanno Creek Park and landscape habitat, and the re-meander of design and planting palettes for Fanno Creek. The City will Downtown, including all of its pursue development of a phasing open space. G r e vat. L plan for lower Fanno Creek ParkTra , in conjunction with Clean Water < Ponds 2.3 Determine the Feasibility; cox Services so that improvements E can be completed per the Master of the Urban Creek Corridor u in Downtown Y " . Plan and within City budgetary - r constraints. Determining the design concept, ErAranw form and "footprint" of the 2.2 Incorporate Sustainable Urban Creek Corridor will " and Ecological Design of Fanno require a detailed feasibility _ ❑p° 1- Creek Park and Downtown's study to determine preliminary ' - _ Open Spaces design, constructability and cost. 250 M ~ 1.01 Initially, the focus will be on the One of the "Great Ideas" area between Burnham St. and Fanno Creek Park Master Plan generated during the formation the Commuter Rail, the section of the Downtown Plan was closest to the new Plaza. establishing "Green Connections" 12 > JULY 2008 Near-Tenn Actions (13 Years) continued outdoor events, an adjacent "Great Lawn" and system. Connections to the Fanno Creek Regional shelter for smaller performances or gatherings, Trail could occur at Main Street at one end and Once it determined that an Urban Creek Core and a "Festival Street," where the Tigard Farmer's Hall Blvd./East Fanno Creek Park at the other dot is feasible, it will be important and p ensure protect the com- Market can be accommodated. The development end, and potentially at the "Rail to Trail" corridor potential footprint of this amenity an of the Downtown Plaza will be co-developed with at Ash Ave., the Urban Creek Corridor, and at patibility with Downtown Land Use and Design adjoining redevelopment to leverage the value and Main and Burnham Streets. Guidelines. One option would be an "overlay" impact of this public investment. zone to ensure the review and coordination of 2.7 Develop a "Rail to Trail" corridor along Tigard development proposals that might have the ability 2,6 Develop an Expanded Open Space System Street into Downtown to limit or preclude options for its location. through Downtown The railroad right-of--way on the north side of 2.4 Expand the Fanno Creek Trail West Developing an expanded open space system Tigard Street from Main Street to Tiedeman will of Downtown through Downtown is also a key design element be abandoned in conjunction with the Commuter of the Downtown Improvement Plan. Developing Rail Project, providing a 55-foot ROW for a The Fanno Creek Trail west of Main Street an integrated trail system through Fanno Creek potential trail corridor. The trail corridor would provides es a an important link to Woodard Park, Park into Downtown, with connections to the provide an additional pedestrian/bicycle path into the Fowler School campus, and surrounding regional Fanno Creek Trail system and the "Rail Downtown, and a looped connection with the neighborhoods. It is a critical link in developing to Trail" corridor from Hall Blvd. to Tiedeman, regional Fanno Creek Trail. the full regional trail network through Tigard, and would provide a regional context to the trail would provide a continuous connection through Fanno Creek Park to its southern destination, Tualatin Community Park. 2.5 Develop Downtown Plaza as a Central Gathering Place 4'1 The development of a central gathering place y,;~_'• adjacent to Fanno Creek Park is a key urban design element of the Downtown Improvement - Plan. The location for the Downtown Plaza, as adopted by the City Center Development Agency (CCDA) in August 28, 2007, is the Stevens Marine site. The site is bordered by Fanno Creek Park, Main and Burnham Streets, and will be accessible f R ff~'"Q"`' i~1 from both the park and streets. Supporting a range of passive and active open space uses, Downtown Plaza and surrounding area will include: space for Perspective of Plaza and Upland Park JULY 2008 > 13 F Tuvd j TRI9 osm nw. hmgaftehff I ~-o~vrqlo, ~sno) nw~ Long-Term Actions 3 years) 2.8 Determine the Design Themes and Progression of Public Spaces for the Urban Creek Corridor Connecting the two anchor "Catalyst" projects ' in Downtown, Fanno Creek Park and future development at Hall Boulevard/99W, the "Urban Creek Corridor" was conceived as an open space with landscaping, water features, and public plazas. It has the potential to become a series of different - public spaces with park space, native plant gardens, public art, or other amenities. Since one of the key themes for Downtown is "sustainability," the Urban Creek corridor could be designed to reflect this message with native landscaping and ecological design, and natural West Commercial Street Gateway methods of conveying and infiltrating storm water. The corridor could become a model demonstrating the ecological process. The Urban Creek Corridor would be integrated with new and CoumcrcW existing development, providing an alternative raw c..W. "front door" to redeveloped properties along its length. o 4 'C COMMUTER RAIL.s~n. , Commercial Street Gateway Concept 14 > JULY 2008 ~~J o o o o- ~ g e III. Develop Comprehensive Street and ` c1 j r C Circulation Improvements in Downtown ~ - CAA vibrant and compact core, accessible by r ' ~ ~T~,-< ~y~~ ..`y.-%~~ J all modes of transportation ,9~ -Tigard Downtown Improvement Plan Overview: Public Streets form the first impression people have of a city and are part of the "public realm." Important initial "streetscape" concepts developed from the Downtown Improvement Plan -ZIX include the area's historic "Main Street"/mixed-use village character and scale, the use of "street" as a central place with a pedestrian emphasis, and the notion of ecologically sustainable , ` J "green streets."`~' The City has undertaken a comprehensive design of Downtown streets in order to develop different types of streets for different ~•`.,a S~°~ ` functions. For example, Main Street will be developed as a I V. traditional `Main Street with entry gateways, wide sidewalks, varied parking arrangements, street furniture and landscaping. "S While Main Street will be designed to move traffic more slowly %~~.<<s ti ~ i; , ° ~i~• i, c to accommodate the pedestrian, other streets will be designed to provide for traffic capacity, though not lose sight of pedestrian safety. Burnham Street is a key entryway into the Downtown, and _ will be designed to both serve future capacity needs and function Roadway. R.11r-d i.........„ for the pedestrian. As Burnham Street approaches Main Street, `E- 81n 109hwM TM) 090000 enn~ncdtercrH ouwawnG R its design becomes more pedestrian oriented, anticipating the entryway to the Fanno Public Use Area. Circulation and street Figure TIGARO OOwNTOwN IMPROVEMENT PLAN standards will be evaluated to bring the Downtown street system 6 L -I Conceptual Frame up to a level to serve the future needs of the Downtown. Concept Framework for Downtown Improvement Plan JULY 2008 > 15 'e 0 DO• 0 _ o Q'~-p~~pr"47 Near-Term Actions (13 years) 3.1 Implement Comprehensive Streetscape Design in Downtown e - Comprehensive Streetscape design has been developed for key downtown streets. These v conceptual designs will be used to prepare preliminary engineering drawn for Burnham preliminary gS FanmCteek f 0 pi p and D~mtin Street, Commercial Street at Main Street, and ft"ic"m s ° Main Street. The design process included the o - a ` a Streetscape Design Working Group, City Staff and a consultant, and represented a coordinated effort to bring together initial ideas from the Downtown Main Street (99W to Burnham) Concept Design Improvement Plan with professional expertise. Key ideas which may be transferred to other streets in ~nw 99 Pedesuian the Downtown include an understanding of street o _ - ' hierarchy, use and function, pedestrian oriented design, and "green street" design. Y 3.2 Develop a Gateway to Downtown at r m Hall Blvd./99W Intersection - ` - The Downtown Improvement Plan calls fora Gateway at this intersection in order to make a = o strong "entry statement" Hall Boulevard provides o _ _ _ l \ a natural gateway into Downtown Tigard, given its Main Street (Burnham to Greenburg Road) Concept Design intersection with Highway 99W. This key gateway with its prominent visibility from Hwy 99W will facilitate adjacent regional-scale redevelopment agreed to allow the City to provide design input and include a public plaza. The purpose will be to to consider more pedestrian oriented treatments, draw people into Downtown and catalyze landscaping, and the inclusion of a "gateway" to new development. Downtown. Washington County is currently managing the redesign and construction of the intersection at Hall Blvd. and Highway 99W The County has 16 > JULY 2008 e. 0 D 0 0~ pl U p p py I~ Ql,Z~ c~Jlkc o-~i% 3.4 Improve Streets in Areas with High the need to create a "Brand Tigard" identity by Redevelopment Potential implementing both temporary and permanent "The Downtown's transportation projects in the Downtown unique to Tigard. The development of attractive streets that system should be multi-modal, connecting serve a specific design function will contribute people, places and activities safely and to the perception of Downtown and the Improving the perception of Main Street can be potential for redevelopment. The redesign and partly accomplished by showing small but visible conveniently. A~ improvements along street. This construction of downtown streets in areas with physical -Tigard Downtown Improvement Plan high redevelopment potential will encourage presents a design challenge to develop a "Brand investment and provide assurance of the City's Tigard" identity that can be recognized as a theme financial commitment to Downtown. unique to the community. Examples of how a 3.3 Incorporate Green Street Design Brand Tigard identity could be expressed include: Where Possible 3.5 Assist Main St. Transition/Install Temporary 1. The "Green Street" design on Main Street. "Brand Tigard" Improvements on Main Street 2. More prominent landscaping such as street "Green Streets" are a way to expand the trees. "sustainability" theme as part of the Downtown Main Street will go through a transition both 3. Intersection improvements that include public Plan. The Downtown Improvement Plan calls for physically and economically as it becomes a space or "gateways." integrating Fanno Creek Park and open space into more attractive, pedestrian oriented, commercial 4. Commuter Rail "Gateway" improvements at the Downtown. Developing "Green Streets" is an district. Streetscape design is a key element that Main Street and/or Hall Blvd. extension of "Green Connections" by applying will help transform Main Street. The overall 5. A Fanno Creek Park Gateway at the bridge on sustainability to streets. Specific treatments design for Main Street places an emphasis on Main Street. identified include natural infiltration and cleaning the pedestrian with wide sidewalks, street trees, 6. Public Art. of storm water run-off from impervious areas streetlights, varied parking, with connections to 7. Building facade improvements such as (streets, sidewalks) through the use of native the Commuter Rail Station and Fanno Creek Park. awnings, painting, or exterior modifications. planting beds, pervious paving materials, swales, The Downtown Improvement Plan recognized and other devices. Developing visible sustainable design elements in the Downtown builds upon the open space system and makes a public statement of the community's value for nature. For every street reconstructed in the Downtown, inclusion t q of sustainable design should be evaluated as part of preliminary engineering design. In addition - - s--r . to the Green Street features planned for the Burnham Street reconstruction, the City will also y i retrofit Main-Street as a Green Street, financed in t part with a $2.5 million grant awarded by Metro f Green Street Treatment Design in 2007. JULY 2008 > 17 2 e Doti 9 0 o y rA:Yi~ e~fSL~3f~.~ Events such as a Farmer's Market, sidewalk sales, for Downtown transportation. These projects are parades can also become part of an evolving intended to help focus attention on Downtown Main Street and Downtown, and represent small and generate and maintain momentum. changes towards creating the public gathering o place that the Tigard Downtown Improvement 3.7 Achieve Consensus on Alternative Downtown Plan envisions. Access Improvements The street system 3.6 Refine the Circulation Plan for Downtown in Downtown Tigard has - both assets and challenges. Access from 99W on " Vehicular circulation addresses access to and the west side is limited by traffic congestion on from the Downtown, movement throughout the 99W at peak times. It is a recommendation of central business district, block size, parking, and the Downtown Improvement Plan that the City plans for future capacity needs. Street circulation conduct an examination of potential alternatives lays the foundation for vibrant, active streets that for improving access to Downtown. accommodate anticipated uses, are friendly and S. Main St./Hwy. 99W -Gateway walkable for pedestrians, and allow traffic to move The Ash Avenue/Downtown Access study will appropriately within each district. Movement address short and long-term transportation within pedestrian oriented areas should be more actions that will improve access to and from the deliberate and slow, and faster in areas where Downtown. The City's planned improvements pedestrian use is less. to the area of 99W/Main St./Greenburg Rd./ Center St. intersection should reduce congestion The Tigard Downtown Improvement Plan at a key access point. Other opportunities for identifies a conceptual street pattern for improving access that will be evaluated include the Downtown. This circulation plan needs to be realignment of Scoffins Street on the east side of refined and reality tested based on future uses and Downtown and identifying other ways of bringing transportation engineering analysis. As part of traffic to the Downtown from the west side of the Streetscape Design process, an evaluation of 99W, between Greenburg Road and Commercial/ vehicular capacity for Downtown streets was done Tigard Streets. to identify the parameters for street standards. Block size in Downtown Tigard is relatively large. 3.8 Develop a Pedestrian/Bicycle Route Plan The span between Main Street and Ash Avenue is over 800 feet without an intersecting street. The City should review and modify current City Burnham St./Hall Blvd. -Gateway To provide for adequate vehicular circulation, pedestrian and bicycle planning efforts to ensure allow for parking, and encourage pedestrian use, that these support simple and feasible access to, from and within Downtown Tigard. it will be necessary to evaluate block size and street standards to meet the guiding principles 18 > JULY 2008 s a D o o •°,~1 0- o o - v~ 3.9 Develop Gateways at Key Intersections Improvement Plan recommended that a new at- land uses and structured parking This plan is not grade crossing of the railroad tracks be developed necessary until Downtown begins to grow and Gateways are key intersections that serve n along the Ash Avenue alignment. City of Tigard parking utilization increases, but the study should be define entry into the Downtown, and begin staff should continue to work with Portland & conducted prior to constructing any structured to create a "brand" identity. The creation Western Railroad and the ODOT Rail Division to parking and will be undertaken with the coopera- of a "branded Hall Blvdg. / gateway" 99W " hatas the been south sited east in the corner r identify options for achieving this crossing. lion of Downtown business and property owners. Downtown Improvement Plan as the key entryway to Downtown. This corner will provide 3.11 Develop a Parking Management Plan a key opportunity for "branding" by providing Parking will be monitored to determine the need monumentation, or landmarks such as a sustainable design water feature to impart a recognizable for a parking management plan. The goal is to develop , identity for the Downtown (see sections 1.1, 4.4). and implement a parking management plan that " The gateways are part of streetscape design, and ensures adequate short-term and long-term parking supply for residents, employees and patrons of will be incorporated into street reconstruction as Downtown and would include the expansion of that takes place over time. There are several gateway shared parking, reducing parking ratios for certain locations that present this opportunity: Burnham Street at Hall Blvd., North and South Main Street at 99W, Tigard Street at Main Street, Commercial _ Street at Main Street, Scoffins Street at Hall Blvd., ter and Hall Blvd. at 99W. ~i Lon&Term Actions 3 years) 3.10 Obtain a Railroad Crossing at Ash Avenue The Portland & Western Railroad bisects Downtown Tigard with only one crossing on Main Street, resulting in a lack of internal circulation. This pattern limits access between the north and south parts of the central business district, and requires drivers to use either Hall Blvd. or Main - Street at either ends of the District. The resulting perception is a downtown that is not a single urban place but two separate areas unconnected. Consultants for the Tigard Downtown Gateway at Main Street and Greenburg Road Concept JULY 2008 > 19 2C e+ D D 0~ 0 D 0~'~ ~i~V7 IV. Develop Organizational Leadership and Capacity in Downtown maintained and developed. As redevelopment (rCFor any plan to be successful, and change occurs in the Downtown, a strong there must be broad-based citizen and downtown association will be important to the area's businesses in providing a forum for stakeholder input. discussion and communication with the City, and the City Center Development Agency (CCDA). -Tigard Downtown Improvement Plan Needed services may include marketing, organizing events, providing advocacy on Overview: Downtown issues, educating merchants, recruiting tenants, and directing a broad range of planning - Effective implementation of the Tigard and outreach activities. While the formation of Downtown Improvement Plan vision will require the Downtown organization should be led by the cooperation and coordination among public and private sector, the City can support this effort by private organizations and individuals currently working cooperatively with them. engaged in Downtown redevelopment planning efforts, including City Council/ CCDA, CCAC, 4.2 Strengthen Coordination between the and Downtown business/ property owners CCDA and Other Downtown Organizations associations. Bringing these stakeholder groups Downtown Tigard contains many competing of varied interests and perspectives together will be an integral part of implementing the TDIP. interests and points of view. To ensure the implementation of the plan, a collaborative relationship between the City, citizens, business Near Term Actions (13 years and property owners is crucial. The CCDA should meet regularly with Downtown interests to discuss issues of mutual interest including High-density Residential -Port Moody, Canada 4.1 Establish a Strong Downtown Organization planning and infrastructure projects. Similarly, Successful downtowns have strong private the City, the CCDA and City Center Advisory nonprofit organizations in place to promote Commission (CCAC) should strive to work and assist local business. The formation of a closely together. downtown association should be championed by Downtown business or property owners and run by a day-to-day professional manager. The primary goal of a downtown association is to ensure that a healthy business environment is 20 > JULY 2008 Fi~--- Do o. E90 - 4.3 Increase Property Owner and Developer opportunities exist (see sections 1.1, 3.9). The The success audit can be presented on fact sheets, Outreach primary gateway as identified in the Downtown brochures, and/or a web site and could be a key Plan is the Hall Blvd. / 99W intersection, at which part of a comprehensive tool kit that the City Through increased direct communication with a thematic design and identity will be incorporated provides to investors considering development in property owners and developers, the City can keep into intersection improvements. Other examples Downtown Tigard. It can also be used to establish a better "pulse" on issues, trends and prospective of specific outreach/marketing strategies might ongoing communications with the media in the projects and can better facilitate private and include a web site, brochures, news features, form of positive noteworthy news stories. public-private transactions. Similarly, outreach should include the brokerage community, who public service announcements, and a strong and may bring buyers or new tenants to Downtown ongoing relationship with the media. Tigard. The City should establish ongoing forums for connecting with target groups that will play 4.5 Appoint a Downtown Liaison within the a key role in downtown revitalization, including City's Current Planning Division housing developers, commercial real estate A Downtown Liaison would serve as a "go- professionals, retail developers, and others. to" person for private sector developers, and property and business owners. Development Two-way open communications with Downtown in an urban location such as Downtown is property and business owners is a major priority. already more complex and expensive, so the The City will communicate its actions via monthly City should strive to make it the easiest place to meetings at the Chamber of Commerce, listservs, invest. A Downtown Liaison appointed within and newsletters. Property owners can also participate the Community Development Department in decision-making at periodic open houses and would serve as a single point of contact in other forums and standing City meetings. the entitlement process for anyone doing development Downtown and help developers get 4.4 Develop a Branding Campaign for through the permitting and review process in a Downtown Tigard timely and efficient manner. The creation of a branding campaign would 4.6 Create a "Success Audit" for Downtown market the Downtown to the development community, potential tenants and patrons. The A "success audit" is a marketing, educational, and "Brand Tigard" campaign should be a joint organizational tool that helps communities track undertaking between the City and the private and promote successful projects. Such a tool could sector. It should seek to distinguish Downtown be used to communicate Downtown Tigard's Tigard from other downtowns in the region, redevelopment activities both internally (within possibly by highlighting the several planned the Downtown community and to policy makers) "green" features. Currently, the Downtown and externally (to attract employers, investment, Gateways are physical locations where branding developers, and others to Downtown). JULY 2008 > 21 Tigard Downtown Work Program 1--Year FY 08-09 Zj~~~ o a~ ~'Q Project / Task Q p = p S QQ S Facilitation of Downtown Redevelopment Projects Downtown Plaza Development Facilitate relocation of Stevens Marine Plaza site Develop option agreement foracquisition / disposition of the Steven Marine site Finalize Funding Strategy for Plaza Housing Development Evaluate Housing Needs Assemble land for housing downtown. Conduct feasibility study for housing / mixed-use development on parcels adjacent to Plaza. Develop Disposition / Development Agreements with Key Property Owners Adjacent to Plaza Public Works Site Prepare master plan / site development stud Appraise property / Determine Value Conduct Environment Assessment(s) Commuter Rail Block Transit Center Redevelopment Coordinate Public Testimom for MTIP Grant Proposal Monitor MTIP Grant Retail Development Facilitate redevelopment of the two shopping centers Hall Blvd/ 99W Evaluate Constraints and Opportunities for Redevelopment Develop strategies foracquisition / reconve ance of properties Refine Urban Design Plan for Downtown Develop conceptual framework for circulation, open space, pedestrian access, and land use Incorporate referred urban de-sign elements into Downtown Circulation Plan Land Use-Regulations / Design Guidelines Design Guidelines Establish design standards for Downtown Tigard Land Use Regulations Development new land use regulations for Downtown / Amend Zoning Institute an Expedited Permitting Process. 22 > JULY 2008 F;o D o o ' ~I QQ iFQ2"lQ off? Tigard Downtown Work Program 1--Year FY 08-09 Project / Task > Q O p Q~ Improvement of Fanno Creek Park / Open Space System Fanno Creek Park Strategic Actions' Incorporate Fanno Creek Park into Parks System Master Plan Finalize Funding Strategy for Fanno Creek Park Develop Phasin Plan for Fanno Creek Park Design Prepare Construction Plans for Fanno Creek Park Construction Construct "Re-meander" and Associated Improvements CWS Land Acquisition Land Acquisition for Park Expansion flood lain properties) Develop Prospective Purchasers Agreement PPA Land Acquisition Public Area Establish time frame / options for relocation / property conveyance Develop Option Agreement Stevens Marine Flood lain Property) Rail to Trail Hall to Tiedemann St.) Contract with consultant to assist with RR Property Disposition Coordinate with consultant to establish strategy / benchmarks Urban Creek / Green Corridor Develop Phase I Urban Creek Concept Burnham St. to Commuter Rail Develop concepts for expansion of Urban Creek Corridor north of Commuter Rail JULY 2008 > 23 _W JD o o •9a ~~ICo~~t Y3(IL° Tigard Downtown Work Program 1--Year FY 08-09 Project / Task 41 Development of Comprehensive Street / Circulation System Downtown Circulation Plan Determine / Evaluate Circulation Plan Options TSP Update process) Coordinate Review / Select Circulation Plan Option Achieve Consensus on Altemative Downtown Access Improvements (TSP Update Process Incorporate Alternative Access Plans into TSP Update Pedestrian /Bike Plan with Circulation Plan Street Improvements Burnham Street Construction Bid / Contract Construction utilities / under roundin Main Street Improvements Develop preliminary design for Main St. MTIP rant year 1 Identify ROW requirements Review / Approve preliminary plans Identify Main Street "Brand Tigard" Improvements Install Street Trees Evaluate / Install Other Ideas / Improvements 24 > JULY 2008 0 o D o• o ~f~4 0 2 Tigard Downtown Work Program 1--Year FY 08-09 Pro'ect / Task > Q O O t~°' QQ Development of Comprehensive Street / Circulation S stem continued Ash Avenue Improvements Ash Ave. Burnham St. to Commuter Rail Parkin Lot Provide grading / underground for construction Construction RR At-Grade Crossing vehicular and pedestrian) Initiate discussion with RR as to criteria / requirements Establish timeframes and agreement with RR Hall Blvd. / 99W Downtown Gateway Gateway Conceptual Design Intersection Design Input / Washington County Coordinate Review of Preliminary Design ROW Acquisition Commuter Rail - Entryway Design Identify Opportunities for Entryway Improvements at RR and Hall Blvd and West of Main St Construct En a Improvements Organizational Leadership & Capacity in Downtown Strengthen coordination between the CCDA and other downtown organizations. Appoint a Downtown Liaison within the City for private sector developers, and property / business owners. Increase property owner and developer outreach. Expand communications with property owners, developers, brokers. Establish on-going forums with housing developers, and real estate sector. Create an ongoing "success audit" for Downtown Tigard JULY 2008 > 25 F 't. e i D o - 0 mm LM o- 091 ~t w Tigard Downtown Action Plan--3 year Year 1 (Near Year 2 (Near- Year 3 (Near Future Pro ject / Action Term) Term) Term) (Long-Term) FY08-09 FY09-10 FY10-11 Facilitation of Redevelopment Projects Downtown Development Opportunity Sites-Program Identify Opportunity sites for redevelopment x x x Plaza District Properties - Redevelopment Feasibility x Development Program for Land Assembly / Marketing x Density Bonuses for Housing x Relocation City Public Works Yards x Redevelop City Public Works Facility - Hall Blvd / Burnham St. x Facilitate redevelopment of the two shopping centers x x x Hire Retail Consultant to attract new retail develo ment x Develop a branding campaign or own own x x x Main Street Storefront Facade Improvement Program x Redesign / Construct North Half RR to Greenberg Rd) Main Street commercial redevelopment loan or grant program x Main Street storefront improvement program x Development Opportunities Study for Main Street and Burnham Street to Ash St. x Land Use-Regulations / Design Guidelines Land Use / Building Types Refinement x Design Guidelines x Land Use Regulations x Transit Center Planning x x Commuter Rail Block / Joint Development Downtown Housing Development Housing Stud x x Housing Program Estimate x Implementation x x Development Opportunities Stud DOS Program x Performing Arts Center Performing Arts Use / Preliminary Siting x Performing Arts Use / Feasibility Stu x Land Disposition / Acquisition x 26 > JULY 2008 o D o o o~~ ~ o - o~ Tigard Downtown Action Plan--3 year Year 1 (Near Year 2 (Near Year 3 (Near Future Project/Action Tenn) Term) Tenn) (Long-Tenn) FY08-09 FY10-11 FY11-12 Improvement of Fanno Creek Park & Open Space System continued Fanno Creek Park / Public Area Plaza / Private Development Feasibility Stud x Land A sition flood lain roernes x x Land A 'sition Public Area x Fanno Creek Realignment & Restoration z x Park Restoration x x x Public Area Improvements x Urban Creek / Green Corridor Alignment Options x Feasibil Stud x Preliminary Desi n x Land Disposition x Final Desi & Engineering x Construction x Ash Ave. Street / Open Space Design x Rail to Trail Hail to Tiedemann St.Plannin / Design x x z Construction Hall Blvd - Commuter Rail Segment x Main St. to'riedeman Segment Development of Comprehensive Street & Circulation System Downtown Circulation Plan Revise Circulation an x Streetsca a Enhancement Program Burnham St. Construction x x Commercial Street Main to Lincoln-Construction x Commercial St. Hall to Main St. x Scoffrns St. x Streetsca Enhancement Program Main Street Main St. Comprehensive Improvements Des' x x Construction x x JULY 2008 > 27 , o D o-g o o -gQ Tigard Downtown Action Plan--3 year Year 1 (Near Year 2 (Near Year 3 (Near Future Pro ject / Action Term) Term) Term) (Long-Term) FY08-09 FYI 0-11 FY11-12 Ash Avenue Improvements Ash Ave. Bumham St. to Rail En ineedn / ROW x Construction x Ash Ave. North- Design / Construction x Ash Avenue Fanno Creek to Bumham St. x RR At-Grade Crossing Initiate Vehicular Crossing Negotiations x Pedestrian Crossing x Vehicle Crossing x Open Space Design x Bumham St. to Fanno Overlook x Ped / Bi cle Bride x Terminus to RR Tracts x Hall Blvd. 199W Downtown Gatewa Gateway Conceptual Design x Intersection Design Input / Washin ton County x ROW Acquisition x Intersection Construction x Final Design (Gateway) x Gateway Construction x Downtown Altemative Access Studies / Projects Downtown Altemative Access Stud - TSP x Scoffins / HaA Blvd / Hunzjker Realignment Pedestrian / Bike Plans Update Plan x Parkin Management Plan Monitor Parkin in Downtown x x x x Shared Parkin Program x Employee Parkin Areas Off Main St. x Determine Catalyst Project Impact x Prepare Parkin Stud / Plan x Development of Organizational Leadership 8o Capacity in Downtown Downtown Association - Support x x x CCDA / Other Downtown Organizations - Coordination x x x Property Owner and Developer Outreach x x x Marketin - Success Audit x 28 > JULY 2008 4 I , C% v ~ V C 1 o ~ 4-J C: 00 r- t ~ e. o D o 0 0~~- 8,1Q o~o o Acknowledgements ' Tigard City Council City Staff Craig Dirksen, Mayor Craig Prosser, City Manager Sydney Sherwood, Councilor Tom Coffee, Community Development Director Gretchen Buehner, Councilor Ron Bunch, Asst. Community Development Director I Nick Wilson, Councilor Bob Sesnon, Finance Director Tom Woodruff, Councilor Gus Duenas, City Engineer Dennis Koellermeier, Public Vorks Director City Center Advisory Commission Dick Bewersdorff, Current Planning Manager (Current and Former Members) Phil Nachbar, Downtown Redevelopment Manager Alice Ellis Gaut (Chair) ' Carolyn Barkley Project Staff Alexander Craghead (Alternate) Phil Nachbar, Research & Whiting Ralph Hughes Sean Farrelly, Editing Lily Lilly Helen Kerstiens-Marvin, Design & Layout Thomas Murphy Elise Shearer r e JULY 2008 > 1 o Do 0 0 0 Glossary of Terms Long-term actions. Actions occurring beyond a Tigard Urban Renewal Plan. A Plan developed in three (3) year timeframe. accordance with State Law to qualify for use of Brand Tigard. The Tigard Downtown Near-term actions. Actions occurring within a tax increment financing to fund projects in the , Improvement Plan (TDIP) referred to specific three (3) year timeframe. Downtown. improvements in the Downtown that could create Urban Creek Corridor. A series of park-like a unique identity or "brand Tigard." The use of Open Space. Area designed for use by blocks running north to south in the Downtown Green Streets (see below) is one way of creating a pedestrians, public space. It may be built with connecting the north end to Fanno Creek Park on unique identity in Downtown Tigard. hard surfaces such as concrete for sidewalks, or the south. landscaped with plantings. Catalyst Project. Refers to one of eight (8) Urban Design. Refers to layout and function projects in the Tigard Downtown Improvement Overlay Zone. A zone with specific site, land use of streets, pedestrian circulation, open space, Plan thought to attract or stimulate new or building design requirements. Usually created and land uses (residential, office, mixed use, development. for a specific area to address environmental or commercial). building concerns unique to that area. Ecological. Refers to the restoration of landscape Willing Seller Environment. The Urban Renewal , using native plants that are adapted to the specific Streetscape Design. Refers to the design of the Plan does not permit the use of condemnation soil and climatic conditions of the area. street, parking, sidewalk, street furniture, and for land assembly. In order to assemble land for Gateway. Refers to the design of the intersection landscaping for a particular street. redevelopment, it will occur in a "willing seller" of two streets as an entryway to the Downtown. Sustainable. Refers to the use of natural methods environment, where property owners will be The intersection might include landscaping, walls, of addressing environmental concerns such encouraged to participate but will retain their right or monuments that would be visible by drivers by, as storm water runoff, habitat restoration, or not to sell their property. and recognized as a "gateway" to Downtown. building. Green Connections. A blend of natural ecological Includes the use of water infiltration through use ' features as seen in Fanno Creek Park integrated of porous surfaces instead of paving or concrete, into the Downtown. native plants, and recycled building materials. ' Green Heart. Term used in developing the Tigard Tigard Downtown Improvement Plan. The Downtown Improvement Plan meaning the Plan for the Downtown developed by citizens center of the community containing natural and with assistance and guidance from Staff and , landscaped open space. consultants, accepted by Council September 2005. Green Street. Refers to the use of sustainable Tax-Increment Financing. The method of methods of handling storm water runoff, such as financing authorized under Urban Renewal. Tax natural infiltration, native planting beds, pervious revenues generated from the appreciation of paving materials and swales. property within the Urban Renewal District are ' used to finance projects within the Plan. 2 > JULY 2008 1 °aoo 0 0..-~~ 1 What is the Downtown incorporates many of the Implementation Strategy? recommendations from the Tigard _ Development Downtown Implementation Strategy report \ 1 Strategy is a document to guide completed by Leland Consulting 1 Group in October 2007. This i the City's actions to translate the ✓ "ision" for downtown into a strategy was undertaken to provide v an unbiased professional opinion of "reality" It incorporates the policy the redevelopment potential of the \c~j objectives of the Tigard Downtown Downtown Urban Renewal District. Improvement Plan, adopted by City Council on September 25, 2005, ap \ L~ How is the Downtown t, into a strategy and set of "near- Implementation sro Strategy terirl' and "long-tervl' actions the intended to be used? '~J\ k City should take to implement the \ 1 Plan. The Strategy includes four (4) The Strategy is intended to provide key strategies with thirty-five (35) policy guidance and specific actions supporting actions, a 3-Year Action necessary to implement the Tigard ' Plan, and a 1-Year Work Program. Downtown Improvement Plan. The 3- Year Action Plan and 1-Year \ How was the Downtown Work Program accompanying the Implementation Strategy Strategy are intended to provide \ developed? direction as to priorities and actions to be taken. As projects and actions The Strategy was developed by are completed and more experience analyzing the Tigard Downtown Improvement Plan, the Tigard obtained, the Strategy should be ' 1 Urban Renewal Plan, and revisited and revised accordingly. It is recommended that the 3- determining the key policies and year Action Plan and 1-Year Work City Center . projects within those documents Urban Renewal - \ ' Program be updated annually so that District - that could be used to organize a progress can be monitored, and new \ strategy. There were also many discussions with the City Center Plans/Programs revised to reflect Tigard, OR Advisory Commission (CCAC), progress or timeframe adjustments. former Downtown Task Force The 3-Year Action Plan should be City Center Urban Renewal District members, and staff before devising tied to the City's Capital Budget 1 the strategies. The Downtown to reflect priorities and funding Implementation Strategy also requirements for each project. 1 JULY 2008 > 3 o D o o on4 001 Executive Summary The Downtown Implementation Strategy ' includes four (4) key strategies, thirty-five (35) supporting strategies, a 3-Year Action Plan and , ,j a 1-Year Work Program. The 3-Year Action Plan provides a summary of the priorities and actions for Downtown, and the 1-Year Work ,x Program identifies more specific staff actions" for the first year of the 3-Year Action Plan. Both will be updated annually to reflect progress and ' timeframe adjustments. The four key strategies are: } Y u it f • Encourage and Facilitate Redevelopment Projects in Downtown - _ _ _ _ _ - - - - , • Improve Fanno Creek Park and Develop an Open Space System in Downtown Downtown Plaza Arial Perspective from Burnham Street • Develop Comprehensive Street and Circulation Improvements in Downtown. and manage high priority "Catalyst" projects, advantage of Tigard's unique proximity to a park ' • Develop Organizational Leadership and identify redevelopment opportunities, maintain a as an amenity. The "Green Heart" as an identity Capacity in Downtown dialogue with developers, assist in land assembly, for Downtown includes Fanno Creek Park and develop Land Use and Design Guidelines, the Downtown Plaza, which will be programmed ' conduct a housing study, and encourage public as a public gathering space for outdoor events, 1. Encourage and Facilitate Redevelopment involvement. More long-term actions to encourage and serve as a central gathering place for the Projects in Downtown. Under Urban Renewal redevelopment include: developing projects that community. A Master Plan for Fanno Creek , Law, taxes generated from the appreciation incorporate public open space, and assisting Park and Plaza was adopted by the City Center of property in the Downtown may be used businesses to relocate in order to provide parcels Development Agency (CCDA) in February 2008, to finance projects within the Urban Renewal for redevelopment. and will be incorporated into the City's 5-year ' Plan. As a strategy, the City will facilitate Community Investment Plan, updated annually. redevelopment so that the appreciation of 2. Improving Fanno Creek Park and Developing ' property results. To encourage redevelopment, an Open Space System in Downtown is a tenet Key near-term actions include: restoring and recon- the City will carry out near-term actions to: initiate of the Downtown Improvement Plan, and takes structing lower Fanno Creek Park, developing 4 > JULY 2008 e o D o o ~Q_ ' e concepts for the Urban Creek obtaining an at-grade rail crossing at ' Corridor, and developing the Fanno Ash Ave., and developing gateways, Creek Trail west of Downtown. Long- a bike route plan, and a parking term actions include: constructing the management plan. 8 . X Downtown Plaza and completing the '6v ' }/off Q7~ ' Open Space System in Downtown 4. Developing Organizational determining the type of public spaces Leadership & Capacity in Downtown. in the Urban Creek Corridor, and Successful downtowns are the 'NA ' developing the "Rail to Trail" system result of strong leadership at along Tigard Street into Downtown. both the public and private levels. Development of a strong downtown 3. Developing Comprehensive Street association as a way to expand the NO«'k,2 ,O and Circulation Improvements in involvement of local businesses Downtown is the third strategy and and enhance communication 1 r is referenced in the Downtown between the City and the private Am Improvement Plan as "StreetscaPe sector is prerequisite to successful Enhancement," a "Catalyst" redevelopment A strong private M , ' project. Under the Plan, providing non-profit organization can provided well designed Streets that are needed services such as marketing, G///~~~ ' 'well connected" and "promote organizing events, educating walking, biking and use of transit merchants, recruiting tenants and ~j will attract development" to the developers, and directing a broad C \ ' Downtown. Near-term actions include: range of outreach activities. Creating implementing the recommendations a close, collaborative relationship pwaft of the Comprehensive Streetscape among the City Center Development V~ ' Design Project, improving streets Agency (CCDA), the City Centers ` t►,~, - ,u _ _ in areas with high potential for Advisory Commission (CCAC), and redevelopment, refining the a downtown association will assist _ 2% ' circulation system for Downtown, the City in keeping a better "pulse" developing a "Gateway" at Hall on issues, trends, and prospective Fanno Creek Park Master Plan ' Blvd./99W, and redesigning and projects in order to facilitate private re-constructing Burnham and Main and public-private transactions. The Streets as a Green Streets with City will support near-term actions by ' pedestrian amenities. Long-term actions the private sector to establish a broad- include: achieving consensus on based, self-supporting downtown alternative access to Downtown, association. ' JULY 2008 > 5 0 Do o n o• -ot o gQ I. Encourage and Facilitate Redevelopment Projects in Downtown the Plaza to Main Street and lower Fanno Creek 1 "Our vision of Downtown Tigard is Park as adopted in the Fanno Creek Park & Plaza an... active urban village at the heart of our Master Plan, further supports redevelopment - ' and development of a unique public gathering community... pedestrian oriented, accessible place for the community. Close coordination by many modes of transportation, recognizes with the financial needs of property owners and natural resources as an asset, and enables developers will be important. Some of the key public projects in the Urban Renewal Plan include: people to live, work, play and shop in an streets, parks, plazas, a public market, bicycle/ , environment that is uniquely Tigard. pedestrian facilities, a performing arts center, or Downtown Tigard - circa 1940s other assistance to facilitate redevelopment. -Tigard Downtown Improvement Plan There are inherent challenges to facilitating Overview: redevelopment in Downtown Tigard in particular. Land assembly faces the challenge of the ' Stimulating redevelopment in the Downtown is L relocation of long-standing businesses, and the critical to developing along-term funding source difficulty of assembling land for redevelopment under Urban Renewal. Under Urban Renewal without the power of condemnation. One of ' Law, taxes generated from the appreciation of the goals for the first few years will be to identify property in the Downtown may be used to finance redevelopment opportunities and develop a approved projects. As a result, new development program for land assembly. This will necessitate ' will result in an increase in tax revenues to a clear understanding of the market place, support projects within the Plan. Since all new development environment, and the needs of r development will generate needed tax revenues, it property owners. ' is important to facilitate redevelopment projects wherever they might occur in Downtown. The The City's role in facilitating redevelopment City will assist in bringing about redevelopment projects in Downtown will develop over time, , by evaluating opportunity sites, developing a but will initially include prioritizing public Downtown Tigard - 2006 program for incentivizing new development where improvements, developing a program for land possible, and executing projects within the Urban assembly, working with developers to identify ' Renewal Plan. Developing the Downtown Plaza opportunities and ways in which the City can in conjunction with an adjoining redevelopment participate, developing Land Use and Design project is a priority and intended to stimulate Guidelines and managing key projects necessary , new investment in the core area. Connecting to implement the Urban Renewal Plan. 6 > JULY 2008 , Near-Term Actions (13 Years) The Development of the Downtown Plaza will be a major 1.1 Manage "Catalyst Projects" priority. The Fanno Creek Park in Downtown & Plaza Master Plan, adopted , in February 2008, provides ' The Tigard Downtown Improvement siting, and conceptual design Plan identified eight (8) "Catalyst" g' an p Ught Columns projects that have the ability to for the Fanno Public Use Area Cafe seating ' (Downtown Plaza), and adjoining alter the development environment (D redevelopment, including housing. lrftrac& F0t1ai" in Downtown and attract new Other actions to be taken include development. The Catalyst projects such near term actions as planning Pavinon ' include: Streetscape Enhancement urban Creek , for the acquisition of the property, Green Corridor/Urban Creek, Hall developing a funding strategy, ' Blvd./99W Downtown Gateway (see facilitating relocation of the sections 3.9, 4.4), Downtown Housing existing business, and working with Development, Ash Avenue Downtown neighboring property owners on ' Improvement, Fanno Creek Public redevelopment. s Area, Performing Arts Center, and the Post Office Relocation. In order The Leland strategy rated three of the ' to implement these projects, priorities catalyst projects as being of lower priority: need to be determined and tasks for Urban Creek Corridor - Could be implementation defined. scaled back and implemented in the ' connections between the commuter Three of these projects have been rail station and the Plaza, rather identified as high-priority: than the separate Urban Creek J` ' The Hall Blvd./99W Gateway, with identified in the TDIP. - a ` t its rominent visibility, will provide a .The Post Office Relocation - visual landmark to draw people to Because of the Post Office's ability the downtown. to attract visitors to the downtown, • Priority Streetscape Enhancement reconsider the use of public funds projects, including the redesign to relocate it. and construction of Burnham • Performing Arts Center - The and Main Streets, provide City should be willing to support - necessary infrastructure to the building of the center, but ' support the Downtown Plaza, and g 100 should allow the private sector to redevelopment in the core area. take the lead. Plaza Master Plan JULY 2008 > 7 o 0 0 0 0 0 amma ] 1 1.2 Focus on Opportunity Areas Initially, the City will work with developers ' for Redevelopment and property owners to develop a program to stimulate the eventual , There are two key opportunity areas p redevelopment of these opportunity sy where there is high potential for sites. A Development Opportunity redevelopment identified in the Leland Studies (DOS) program, whereby grant report: assistance is provided to property 1. The area bordered by Fanno Creek Park, the railroad track, Main owners to demonstrate the potential for successful redevelopment, will be Avenue, particularly Street and Ash A the properties in proximity to the evaluated for use in the Downtown. planned Downtown Plaza. 1.3 Develop a Program for 9 ~ 2. The two shopping centers at the intersection of Hall and Highway Land Assembly coo - 99W (Tigard Plaza and the Rite- One of the key tasks necessary ' Aid/Value Village properties.) for redevelopment to occur is land assembly. In order to be in a position kF The City will maintain a dialogue to work cooperatively with developers, ' with the development community the City will work with property c including developers, bankers, and real owners and developers to assemble estate firms to assess opportunities, land for development. State Law and tiy9 a , and identify and structure joint- Tigard's Urban Renewal Plan forbid development projects. Interviews with condemnation as a method of land 1. Plaza District - ' developers conducted in February assembly for private development. (It Main to Ash j St./RR to 2005 provided input for development can be used for roads, arks or other Creek a Fanno ` P Creek Park of the Implementation Strategy and public improvements.) Working in a 2. 2 Shopping actions taken by the City Center "willing seller" only environment will Centers ,99W a0 I , Development Agency as follows: require that the City work closely with 3. Commuter nail/ use of housing as a key catalyst, property owners to explore projects Transit Site 4. Public Works ' improvements in access and visibility of mutual interest. Priority projects Annex to the Downtown, incorporation of will include the Plaza District and - - - public space (plazas, parks) with new properties adjoining the plaza, the Downtown Tigard Opportunity Areas ' development projects, assembly of key opportunity areas identified in Section parcels for development, and provision 1.2 above, and City-owned property of adequate parking. in the Downtown including the Public ' Works site. 8 > JULY 2008 ' 0 0 00 0 0- - 1.4 Evaluate City-Owned Property 1.6 Develop Land Use/Design ' for Redevelopment Guidelines for Downtown O c L I The City of Tigard owns Before the Downtown Improvement approximately 18 acres of land in Plan can be implemented, the City ' the Downtown. Some of the City's must ensure that Land Use regulations o property is located in strategic areas and Design Guidelines are in place to where redevelopment can occur. As guide development proposals towards / part of the City of Tigard's plan for the type and quality envisioned - - future facilities, it should evaluate in the Plan. While the City has an ~i// > _ its future spatial needs, ability to existing Land Use ordinance for c • f r e~> ' consolidate uses and property, and the Downtown in place, it was not r1A perhaps, leverage its own property for developed for the new Downtown ` redevelopment in Downtown. The Improvement Plan, and will have to > potential relocation and consolidation be revised or replaced to meet the of the Public Works De artment intent of the Plan. Design Guidelines facilities could possiblY fee up the are used to review specific site and ' Public Works Annex (3.5 acres) and building proposals to ensure a level of s~wa l the Public Works building at Hall design quality and will be developed and Burnham (4 acres) for future for the Downtown Plan. In order S" / ® \ \ ' redevelopment and should to reserve or protect land for public (X0 N j~1 ` a be evaluated. space, such as the Urban Creek Corridor" or Fanno Creek Park, a land O q • ' 1.5 Refine Land Uses in Downtown use "overlay" zone will be evaluated The Downtown Improvement Plan to ensure that development proposals - LAND USE identified land uses for the Downtown. or other actions would not conflict with future use of open space. In This was done on a concept only level, order to assist redevelopment in ' and will nee to erefined. Before a Downtown, the expediting of land ❑❑oo final land use map can be adopted, 000130 a use and development applications will an evaluation of specific uses and be evaluated, and implemented where Figure I T~owaD .0-1_ MPROVEMENT PL." ' urban design function should be done. appropriate. 10 Preferred Design Alternative Additional and important input from developers and citizens will also be Tigard Downtown Improvement Plan valuable in addressing this issue. 1.7 Encourage Public Involvement As key public projects are developed, it will be important to encourage ' JULY 2008 > 9 0 0 DOMMMM o y .o I the public to participate in the design process. development will be able to take advantage of ' With broader input from the public, the goal unique amenities in the Downtown such as w Ya: of building a downtown that represents the Commuter Rail, proximity to new parks and ' preferences of our citizens can be accomplished. open space, and in time, key civic places such For all of the key public projects such as as the Downtown Plaza, a Performing Arts parks, open space, plazas, streets, public art Center, an Outdoor Amphitheatre or Farmer's , or a Performing Arts Center, citizens will be Market. The Plan identifies locations for housing, . encouraged to participate in the early stages favoring moderate to higher density, mixed-use .;i of design through meetings, open houses, development, with availability for a wide range of presentations to advisory groups or by simply income levels. reviewing documents posted on the City's website. In addition to this, public and private 1.9 Pursue Redevelopment Projects that : , •y~} 'y projects require public hearings as part of the Incorporate Public Open Space 1 land use process where citizens will have another Having a City park close to the Downtown is a ' opportunity to react to specific proposals. _ unique feature which ties into the "sustainability 1.8 Conduct a Housing Study theme" and can garner public support for the revitalization effort. Experience from other cities, ' Housing will be the largest component of including Lake Oswego, has shown that pursuing Downtown Tigard's revitalization. As a strategy redevelopment projects that have a public space, Traditional Pavilion Design Option for revitalization, housing is also preferred park or plaza, as a major part of a project, is a ' because it increases the Downtown population good way to develop public support. Interviews and creates a larger market for retail and with developers conducted in February 2005 also ' commercial services specializing in convenience indicate that developers view park or plaza space goods and services. In addition to "catalyzing" in commercial districts as an added amenity and new development, housing provides the resident good for business. population needed to activate the area and create a sense of community. One of the first steps will 1.10 Facilitate Business Relocation on Key Sites be to conduct a housing study to analyze market trends, affordability, and the types of housing One of the challenges to land assembly is working - , with existing businesses on key sites to facilitate Perspective of Plaza and Upland Park and amenities needed for Downtown to be competitive in the marketplace. their relocation. Many of the businesses have been in the Downtown for a long time, but may have ' Downtown Tigard is ripe for new housing due interest in relocating. Others may not be interested is established, the City will work with business D D its location, its existing and future amenities, to moving. Once opportunity sites have been owners on a range of options compatible with market trends. New residential identified and redevelopment interest their long-term needs. and positive 10 > JULY 2008 ' Fli--3-ud D o o RE.LI ag o §WKIOW II. Develop Fanno Creek Park and the Open Space System in Downtown ' the open space plan. This would, in effect, bring (...preserves what is desirable in the area, the park into Downtown, creating a unique mix ' and promotes a public `green' and of the urban and natural environment. The Urban Creek Corridor would have an organizing impact open space character... consistent with the on the Downtown, defining a clear pedestrian ' vision for the community and its linkage and providing an amenity that future Downtown.» development can capitalize upon. Future projects bordering the green corridor would be encouraged ' -Tigard Downtown Improvement Plan to orient activities to take advantage of the public f space value of this amenity. This project serves , Overview: the dual role of stimulating development while ' connecting Downtown areas. Farmo Creek Park as the southern edge of Downtown presents a unique situation for Tigard. ' It provides an opportunity to restore the native habitat and ecology, provides important civic gathering spaces, and brings the "green theme" ' into the heart of Downtown. The "Green Heart"of Downtown and Fanno Creek Public` ',y O Rai`•~ \X; Area are an integral part of the Tigard Downtown , ' Improvement Plan, and the expansion of Fanno r p Creek Park is essential to realizing this goal. Other RemR Use' key design elements include an expanded open Downtown Existing and Future Open Space ' space system, and the "Urban Creek Corridor," connecting Fanno Creek Park with the future Housing/PA Regional Commercial District on the north end \ v O~ -r Par of Downtown. The adoption of the Fanno Creek ~NeatumluralA`" Housing rea Park and Plaza Master Plan (February 2008) is a ' significant step towards implementing this plan. o i / j \ Fgs6vaT5treet Urban Creek Corridor: Making a spatial > connection from Fanno Creek Park to a future Urban Creek Corridor that would run north to Plaza District Plan South in the Downtown is an essential feature of ' JULY 2008 > 11 o o 0 0 0 m mw Near-Term Actions (1-3 Years) as a theme. It was thought of , as a blending of nature with the ! / \ O o~oooo~ 2.1 Implement the Fanno Creek built environment with emphasis H.J, enas. ~ ~ 'c ~E Park and Plaza Master Plan on linear parks plazas trees ] O~ X e.a uMY O . L native landscaping, and water :r The completion of the Fanno features. Because Fanno Creek M O \ Creek Park and Plaza Master Plan Park contains sensitive wetlands represents a major achievement in and has a creek running through ~ QQ ~ O the implementation of the Tigard it, it does not lend itself to active , ' Downtown Improvement Plan uses, but rather more passive ~C p and will transform the degraded ones and restoration. Developing landscape into a major amenity ' this natural green theme for new residents. The City, with further incorporates the ideas of Now its partner Clean Water Services,] sustainabiliry and ecological will undertake several restoration restoration. These concepts will projects, including replanting of native vegetation, restoring natural be applied to the restoration of 74 :Am ,X I I Fanno Creek Park and landscape habitat, and the re-meander of design and planting palettes for i I Fanno Creek. The City will Downtown, including all of its \ pursue development of a phasing open space. / Yerim plan for lower Fanno Creek Park R~gfa~afTnq in conjunction with Clean Water f H+ ib~ 2.3 Determine the Feasibility ~ Services so that improvements of the Urban Creek Corridor u~ can be completed per the Master in Downtown ✓ I Plan and within City budgetary constraints. Determining the design concept, 6 form and "footprint" of the^ 2.2 Incorporate Sustainable Urban Creek Corridor will and Ecological Design of Fanno require a detailed feasibility r Io Creek Park and Downtown's study to determine preliminary x Open Spaces design, constructability and cost. N ~ Iral One of the "Great Ideas" Initially, the focus will be on the ' area between Burnham St. and Fanno Creek Park Master Plan generated during the formation the Commuter Rail, the section of the Downtown Plan was closest to the new Plaza. ' establishing "Green Connections" 12 > JULY 2008 ' 1 o Do o oQ~ o Near-Term Actions (13 Years) continued outdoor events, an adjacent "Great Lawn" and system. Connections to the Fanno Creek Regional ' Once it is determined that an Urban Creek Corri- shelter for smaller performances or gatherings, Trail could occur at Main Street at one end and and a "Festival Street," where the Tigard Farmer's Hall Blvd./East Fanno Creek Park at the other dor is feasible, it will be important to protect the Market can be accommodated. The development end, and potentially at the "Rail to Trail" corridor ' potential footprint of this amenity and ensure com- of the Downtown Plaza will be co-developed with at Ash Ave., the Urban Creek Corridor, and at patibility with Downtown Land Use and Design adjoining redevelopment to leverage the value and Main and Burnham Streets. Guidelines. One option would be an "overlay" impact of this public investment. zone to ensure the review and coordination of 2.7 Develop a "Rail to Trail" corridor along Tigard development proposals that might have the ability 2.6 Develop an Expanded Open Space System Street into Downtown to limit or preclude options for its location. through Downtown The railroad right-of--way on the north side of 2.4 Expand the Fanno Creek Trail West Developing an expanded open space system Tigard Street from Main Street to Tiedeman will of Downtown through Downtown is also a key design element be abandoned in conjunction with the Commuter of the Downtown Improvement Plan. Developing Rail Project, providing a 55-foot ROW for a The Fanno Creek Trail west of Main Street an integrated trail system through Fanno Creek potential trail corridor. The trail corridor would the r School important link to Woodard Park, Park into Downtown, with connections to the provide an additional pedestrian/bicycle path into e Fowler campus, and surrounding regional Fanno Creek Trail system and the "Rail Downtown, and a looped connection with the t neighborhoods. It is a critical link in developing to Trail" corridor from Hall Blvd. to Tiedeman, regional Fanno Creek Trail. the full regional trail network through Tigard, and would provide a regional context to the trail would provide a continuous connection through Fanno Creek Park to its southern destination, Tualatin Community Park. ' 2.5 Develop Downtown Plaza as a Central Gathering Place 7' 4 ' The development of a central gathering place adjacent to Fanno Creek Park is a key urban r design element of the Downtown Improvement, t Plan. The location for the Downtown Plaza, as adopted by the City Center Development Agency _ : . (CCDA) in August 28, 2007, is the Stevens Marine - ' site. The site is bordered by Fanno Creek Park, Main and Burnham Streets, and will be accessible ; f)if e # from both the ark and streets. Supporting a range - - of passive and active open space uses, Downtown Plaza and surrounding area will include: space for Perspective of Plaza and Upland Park ' JULY 2008 > 13 o D o 0 0- o Long-Term Actions 3 years) 2.8 Determine the Design Themes and , Progression of Public Spaces for the Urban Creek Corridor Connecting the two anchor "Catalyst" projects in Downtown, Fanno Creek Park and future development at Hall Boulevard/99W, the "Urban ' Creek Corridor" was conceived as an open space with landscaping, water features, and public plazas. It has the potential to become a series of different public spaces with park space, native plant gardens, public art, or other amenities. Since one of the key themes for Downtown is "sustainability," the Urban Creek corridor could ' be designed to reflect this message with native landscaping and ecological design, and natural West Commercial Street Gateway methods of conveying and infiltrating storm water. The corridor could become a model demonstrating the ecological process. The Urban J Creek Corridor would be integrated with new and - existing development, providing an alternative ralncO w~ayCoo "front door" to redeveloped properties along its length. o I / 9 3 _ ® r COMMUTER RAIL ' C2 ter i i I 1 1 _s _ / ! µ•1l Commercial Street Gateway Concept ` I + ~ t 14 > JULY 2008 , e o D o oo ~'g~Qy~Q o~ r- 1 III. Develop Comprehensive Street and Circulation Improvements in Downtown CCE1 vibrant and compact core, accessible by o 1 all modes of transportation ' -Tigard Downtown Improvement Plan ' Overview: Public Streets form the first impression people have of a city and ° are part of the "public realm." Important initial "streetscape" concepts developed from the Downtown Improvement Plan include the area's historic "Main Street"/mixed-use village !o~ o character and scale, the use of "street" as a central place with a pedestrian emphasis and the notion of ecologically sustainable "green streets. " ' The City has undertaken a comprehensive design of Downtown streets in order to develop different types of streets for different functions. For example Main Street will be developed as a 1 O GL-j ° traditional "Main Street" with entry gateways, wide sidewalks, DC o~ a varied parking arrangements, street furniture and landscaping. OG ® While Main Street will be designed to move traffic more slowly$ ' to accommodate the pedestrian, other streets will be designed to provide for traffic capacity, though not lose sight of pedestrian safety. Burnham Street is a key entryway into the Downtown, and will be designed to both serve future capacity needs and function Re -V.. R.H-d 111111.1.1111, for the pedestrian. As Burnham Street approaches Main Street, ' 6W. High-V Vail ~0®Ee0 ew..w.lceMe.rts auwew..... its design becomes more pedestrian oriented, anticipating the entryway to the Fanno Public Use Area. Circulation and street Figure T16ARD DOWNTOWN IMPROVEMENT PLAN a.s.oa standards will be evaluated to bring the Downtown street system 6 Conceptual Frame ' up to a level to serve the future needs of the Downtown. Concept Framework for Downtown Improvement Plan ' JULY 2008 > 15 ~ me! a D o o Near-Term Actions (13 years) 3.1 Implement Comprehensive Streetscape Design in Downtown - J i roaaam Crossi V=XW ,6- Comprehensive Streetscape design has been developed for key downtown streets. These \L o ( - t~~ i conceptual designs will be used to prepare o L-_ preliminary engineering drawings for Burnham Famm C.- 1 L p , and n , Street, Commercial Street at Main Street, and Public Am 'I v~ o ° Main Street. The design process included the o o ° Streetscape Design Working Group, City Staff and 4 a consultant, and represented a coordinated effort Main Street (99W to Burnham) Concept Design to bring together initial ideas from the Downtown - - - . Improvement Plan with professional expertise. Key ideas which may be transferred to other streets in U the Downtown include an understanding of street o Crossing hierarchy, use and function, pedestrian oriented design, and "green street" design. 3.2 Develop a Gateway to Downtown at o 1 IL t Hall Blvd./99W Intersection - The Downtown Improvement Plan calls for a\ \ l I Gateway at this intersection in order to make a strong "entry statement" Hall Boulevard provides a natural gateway into Downtown Tigard, given its Main Street (Burnham to Greenburg Road) Concept Design , intersection with Highway 99W. This key gateway with its prominent visibility from Hwy 99W will facilitate adjacent regional-scale redevelopment agreed to allow the City to provide design input and include a public plaza. The purpose will be to draw people into Downtown and catalyze to consider more pedestrian oriented treatments, landscaping, and the inclusion of a "gateway" to , new development. Downtown. Washington County is currently managing the ' redesign and construction of the intersection at Hall Blvd. and Highway 99W. The County has 16 > JULY 2008 ' o 0 0 0 ~t~H~ 3.4 Improve Streets in Areas with High the need to create a "Brand Tigard" identity by ' Redevelopment Potential implementing both temporary and permanent "Tbe Downtown's transportation projects in the Downtown unique to Tigard. The development of attractive streets that system should be multi-modal, connecting serve a specific design function will contribute people, places and activities safely and to the perception of Downtown and the Improving the perception of Main Street can be potential for redevelopment. The redesign and partly accomplished by showing small but visible conveniently. I) p construction of downtown streets in areas with physical improvements along the street. This high redevelopment potential will presents a design challenge to develop a "Brand -Tigard Downtown Improvement Plan p encourage Tigard" identity that can be recognized as a theme investment and provide assurance of the City's financial commitment to Downtown. unique to the community. Examples of how a Brand Tigard identity could be expressed include: 3.3 Incorporate "Green Street" Design 1. The "Green Street" design on Main Street. Where Possible 3.5 Assist Main St. Transition/Install Temporary "Brand Tigard" Improvements on Main Street 2. More prominent landscaping such as street "Green Streets" are a way to expand the trees. "sustainability" theme as part of the Downtown Main Street will go through a transition both 3. Intersection improvements that include public Plan. The Downtown Improvement Plan calls for physically and economically as it becomes a space or "gateways." integrating Fanno Creek Park and open space into more attractive, pedestrian oriented, commercial 4. Commuter Rail "Gateway" improvements at the Downtown. Developing "Green Streets" is an district. Streetscape design is a key element that Main Street and/or Hall Blvd. extension of "Green Connections" by applying will help transform Main Street. The overall 5. A Fanno Creek Park Gateway at the bridge on ' sustainability to streets. Specific treatments design for Main Street places an emphasis on Main Street. identified include natural infiltration and cleaning the pedestrian with wide sidewalks, street trees, 6. Public Art. of storm water run-off from impervious areas streetlights, varied parking, with connections to 7. Building facade improvements such as (streets, sidewalks) through the use of native the Commuter Rail Station and Fanno Creek Park. awnings, painting, or exterior modifications. planting beds, pervious paving materials, swales, The Downtown Improvement Plan recognized ' and other devices. Developing visible sustainable design elements in the Downtown builds upon the open space system and makes a public statement ' of the community's value for nature. For every L - street reconstructed in the Downtown, inclusion >L of sustainable design should be evaluated as part of preliminary engineering design. In addition - to the Green Street features planned for the Burnham Street reconstruction, the City will also ? . ' retrofit Main Street as a Green Street, financed in f j { part with a $2.5 million grant awarded by Metro Green Street Treatment Design in 2007. t JULY 2008 > 17 o D o o o ~,~Q_jl o~ amw_- ] I Events such as a Farmer's Market, sidewalk sales for Downtown transportation. These projects are parades can also become part of an evolving intended to help focus attention on Downtown Main Street and Downtown, and represent small and generate and maintain momentum. changes towards creating the public gathering o place that the Tigard Downtown Improvement 3.7 Achieve Consensus on Alternative Downtown Plan envisions. Access Improvements The street system in Downtown Tigard has - 3.6 Refine the Circulation Plan for Downtown both assets and challenges. Access from 99W on Vehicular circulation addresses access to and the west side is limited by traffic congestion on from the Downtown, movement throughout the 99W at peak times. It is a recommendation of central business district, block size, parking, and the Downtown Improvement Plan that the City plans for future capacity needs. Street circulation conduct an examination of potential alternatives lays the foundation for vibrant, active streets that for improving access to Downtown. accommodate anticipated uses, are friendly and S. Main St./Hwy. 99W - Gateway walkable for pedestrians, and allow traffic to move The Ash Avenue/Downtown Access study will appropriately within each district. Movement address short and long-term transportation within pedestrian oriented areas should be more actions that will improve access to and from the deliberate and slow, and faster in areas where Downtown. The City's planned improvements pedestrian use is less. to the area of 99W/Main St./Greenburg Rd./ Center St. intersection should reduce congestion , The Tigard Downtown Improvement Plan at a key access point. Other opportunities for identifies a conceptual street pattern for improving access that will be evaluated include the ' Downtown. This circulation plan needs to be realignment of Scoffins Street on the east side of refined and reality tested based on future uses and Downtown and identifying other ways of bringing transportation engineering analysis. As part of traffic to the Downtown from the west side of the Streetscape Design process, an evaluation of 99W, between Greenburg Road and Commercial/ vehicular capacity for Downtown streets was done Tigard Streets. to identify the parameters for street standards. ' Block size in Downtown Tigard is relatively large. 3.8 Develop a Pedestrian/Bicycle Route Plan The span between Main Street and Ash Avenue The City should review and modify current City is over 800 feet without an intersecting street. Burnham St./Hall Blvd. - Gateway To provide for adequate vehicular circulation, pedestrian and bicycle planning efforts to ensure allow for parking, and encourage pedestrian use, that these support simple and feasible access to, it will be necessary to evaluate block size and from and within Downtown Tigard. street standards to meet the guiding principles 18 > JULY 2008 e a D o 0 0_ o- ~WQ~,}Q o~ c~ - e 3.9 Develop Gateways at Key Intersections Improvement Plan recommended that a new at- land uses and structured parking. This plan is not Gateways are key intersections that serve to grade crossing of the railroad tracks be developed necessary until Downtown begins to grow and define entry into the Downtown, and begin along the Ash Avenue alignment. City of Tigard parking utilization increases, but the study should be to create a "brand" identity. The creation of staff should continue to work with Portland & conducted prior to constructing any structured ' a "branded gateway" at the southeast corner Western Railroad and the ODOT Rail Division to parking and will be undertaken with the coopera- identify options for achieving this crossing. tion of Downtown business and property owners. of Hall Blvd. / 99W has been sited in the Downtown Improvement Plan as the key entryway to Downtown. This corner will provide 3.11 Develop a Parking Management Plan a key opportunity for "branding" by providing Parking will be monitored to determine the need monumentation, or landmarks such as a sustainable for a parking management plan. The goal is to develop ' design water feature to impart a recognizable identity for the Downtown (see sections 1.1, 4.4). and implement a parking management plan that The gateways are part of streetscape design, and ensures adequate short-term and long-term parking I supply for residents, employees and patrons of will be incorporated into street reconstruction as that takes lace over time. There are several gateway shared parking, reducing parking ratios for certain locations that present this opportunity: Burnham t Street at Hall Blvd., North and South Main Street at 99W, Tigard Street at Main Street, Commercial - Street at Main Street, Scoffins Street at Hall Blvd., ' and Hall Blvd. at 99W. ' Long-Term Actions 3 years) ,r 3.10 Obtain a Railroad Crossing at Ash Avenue The Portland & Western Railroad bisects Downtown Tigard with only one crossing on Main ' Street, resulting in a lack of internal circulation. This pattern limits access between the north and ' south parts of the central business district, and requires drivers to use either Hall Blvd. or Main Street at either ends of the District. The resulting perception is a downtown that is not a single urban place but two separate areas unconnected. Consultants for the Tigard Downtown Gateway at Main Street and Greenburg Road Concept JULY 2008 > 19 1 ~e o Do 0 0 0 IV. Develop Organizational Leadership and Capacity in Downtown maintained and developed. As redevelopment , CCFor any plan to be successful, and change occurs in the Downtown, a strong there must be broad-based citizen and downtown association will be important to the area's businesses in providing a forum for ' stakeholder input. I) discussion and communication with the City, and -Tigard Downtown Improvement Plan the City Center Development Agency (CCDA). ' Needed services may include marketing, organizing events, providing advocacy on Overview: Downtown issues, educating merchants, recruiting ' tenants, and directing a broad range of planning ' Effective implementation of the Tigard and outreach activities. While the formation of Downtown Improvement Plan vision will require the Downtown organization should be led by the - - - cooperation and coordination among public and private sector, the City can support this effort by private organizations and individuals currently working cooperatively with them. engaged in Downtown redevelopment planning efforts, including City Council/ CCDA, CCAC, 4.2 Strengthen Coordination between the and Downtown business/ property owners CCDA and Other Downtown Organizations associations. Bringing these stakeholder groups , Downtown Tigard contains many competing of varied interests and perspectives together will be an integral part of implementing the TDIP, interests and points of view. To ensure the implementation of the plan, a collaborative relationship between the City, citizens, business ' Near Term Actions (13 years and property owners is crucial. The CCDA should meet regularly with Downtown interests ' 4.1 Establish a Strong Downtown Organization to discuss issues of mutual interest, including High-density Residential - Port Moody, Canada planning and infrastructure projects. Similarly, Successful downtowns have strong private the City, the CCDA and City Center Advisory nonprofit organizations in place to promote Commission (CCAC) should strive to work and assist local business. The formation of a closely together. downtown association should be championed by ' Downtown business or property owners and run by a day-to-day professional manager. The primary goal of a downtown association is ' to ensure that a healthy business environment is 20 > JULY 2008 FTo D o 0 0M- 4.3 Increase Property Owner and Developer opportunities exist (see sections 1.1, 3.9). The The success audit can be presented on fact sheets, Outreach primary gateway as identified in the Downtown brochures, and/or a web site and could be a key Plan is the Hall Blvd. / 99W intersection, at which part of a comprehensive tool kit that the City Through increased direct communication with a thematic design and identity will be incorporated provides to investors considering development in property owners and developers, the City can keep into intersection improvements. Other examples Downtown Tigard. It can also be used to establish ' a better "pulse" on issues, trends and prospective of specific outreach/marketing strategies might ongoing communications with the media in the projects and can better facilitate private and include a web site, brochures, news features, form of positive noteworthy news stories. public-private transactions. Similarly, outreach e community, who public service announcements, and a strong and should include the brokerag on may bring buyers or new tenants to Downtown going relationship with the media. Tigard. The City should establish ongoing forums for connecting with target groups that will play 4.5 Appoint a Downtown Liaison within the a key role in downtown revitalization, including City's Current Planning Division ' housing developers, commercial real estate A Downtown Liaison would serve as a "go- professionals, retail developers, and others. to" person for private sector developers, and property and business owners. Development 1 Two-way open communications with Downtown in an urban location such as Downtown is property and business owners is a major priority. already more complex and expensive, so the The City will communicate its actions via monthly City should strive to make it the easiest place to ' meetings at the Chamber of Commerce, listservs, invest. A Downtown Liaison appointed within and newsletters. Property owners can also participate the Community Development Department in decision-making at periodic open houses and would serve as a single point of contact in other forums and standing City meetings. the entitlement process for anyone doing development Downtown and help developers get 4.4 Develop a Branding Campaign for through the permitting and review process in a ' Downtown Tigard timely and efficient manner. The creation of a branding campaign would 4.6 Create a "Success Audit" for Downtown market the Downtown to the development ' community, potential tenants and patrons. The A "success audit" is a marketing, educational, and "Brand Tigard" campaign should be a joint organizational tool that helps communities track ' undertaking between the City and the private and promote successful projects. Such a tool could sector. It should seek to distinguish Downtown be used to communicate Downtown Tigard's Tigard from other downtowns in the region, redevelopment activities both internally (within possibly by highlighting the several planned the Downtown community and to policy makers) "green" features. Currently, the Downtown and externally (to attract employers, investment, Gateways are physical locations where branding developers, and others to Downtown). ' JULY 2008 > 21 e o D o 0 0 0 Tigard Downtown Work Program 1--Year FY 08-09 , Project / Task Facilitation of Downtown Redevelopment Projects Downtown Plaza Development Facilitate relocation of Stevens Marine Plaza site Develop option agreement foracquisition / disposition of the Steven Marine site Finalize Funding Strategy for Plaza Housing Development Evaluate Housing Needs Assemble land for housing downtown. ' Conduct feasibility.study for housing /mixed-use development on parcels adjacent to Plaza. Develop Disposition / Development Agreements with Key Property Owners Adjacent to Plaza Public Works Site , Prepare master plan / site development stud Appraise property / Determine Value Conduct Environment Assessments ' Commuter Rail Block Transit Center Redevelopment Coordinate Public Testimom for MTIP Grant Proposal ' Monitor MTIP Grant Retail Development Facilitate redevelopment of the two shopping centers Hall Blvd/ 99W , Evaluate Constraints and Opportunities for Redevelopment Develop strategies foracquisition / reconve ance of properties Refine Urban Design Plan for Downtown ' Develop conceptual framework for circulation, open space, pedestrian access, and land use Incorporate referred urban design elements into Downtown Circulation Plan Land Use-Re ulations / Design Guidelines ' Design Guidelines Establish design standards for Downtown Tigard Land Use Regulations Development new land useregulations for Downtown / Amend Zoning Institute an Expedited Permitting Process. 22 > JULY 2008 , o a D o o _o8~- i3~3 o~aj Tigard Downtown Work Program 1--Year FY 08-09 Project / Task Q c,5°' ' Improvement of Fanno Creek Park / Open Space System Fanno Creek Park Strategic Actions ' Incorporate Fanno Creek Park into Parks System Master Plan Finalize Funding Strategy for Fanno Creek Park Develop Phasing Plan for Fanno Creek Park Design ' Prepare Construction Plans for Fanno Creek Park Construction Construct "Re-meander' and Associated Improvements CWS ' Land Acquisition Land Acquisition for Park Expansion flood lain properties) Develop Prospective Purchaser's Agreement PPA Land Acquisition Public Area ' Establish time frame / options for refocation / property conveyance Develop Option Agreement Stevens Marine Flood lain Property) Rail to Trail Hail to Tiedemann St. 1 Contract with consultant to assist with RR Property Disposition Coordinate with consultant to establish strategy / benchmarks Urban Creek / Green Corridor ' Develop Phase I Urban Creek Concept Burnham St. to Commuter Rail Develop concepts forexpansion of Urban Creek Corridor north of Commuter Rail t JULY 2008 > 23 e o D o 0 0- o Tigard Downtown Work Program 1--Year FY 08-09 Project/ Task Q C O~ Development of Comprehensive Street / Circulation System ' Downtown Circulation Plan Determine / Evaluate Circulation Plan Options TSP Update process) ' Coordinate Review / Select Circulation Plan Option Achieve Consensus on Altemative Downtown Access Improvements (TSP Update Process Incorporate Alternative Access Plans into TSP ' Update Pedestrian /Bike Plan with Circulation Plan Street Improvements Burnham Street Construction Bid / Contract Construction utilities / under roundin Main Street Improvements Develop preliminary design for Main St. MTIP rant year 1 Identify ROW requirements Review / Approve preliminary plans Identify Main Street "Brand Tigard" Improvements Install Street Trees Evaluate / Install Other Ideas / Improvements 24 > JULY 2008 , e a D o 0 0- - P,o 1 Tigard Downtown Work Program 1--Year FY 08-09 so) O p QQ Project / Task > Q Development of Comprehensive Street / Circulation S stem continued Ash Avenue Improvements Ash Ave. Burnham St. to Commuter Rail Parkin Lot Provide grading / underground for construction Construction RR At-Grade Crossing vehicular and pedestrian) Initiate discussion with RR as to criteria / requirements Establish timeframes and agreement with RR Hall Blvd. / 99W Downtown Gateway Gateway Conceptual Design Intersection Design Input/ Washington County Coordinate Review of Preliminary Design ROW Acquisition Commuter Rail - Entryway Design ' Identify Opportunities for Entryway Improvements at RR and Hall Blvd and West of Main St Construct Entryway Improvements ' Organizational Leadership & Capacity in Downtown Strengthen coordination between the CCDA and other downtown organizations. Appoint a Downtown Liaison within the City for private sector developers, and property / business owners. Increase property owner and developer outreach. Expand communications with property owners, developers, brokers. ' Establish on -going forums with housing developers, and real estate sector. Create an ongoing "success audit" for Downtown Tigard ' JULY 2008 > 25 a Doo 0 0 o c Tigard Downtown Action Plan--3 year 1 Year 1 (Near Year 2 (Near Year 3 (Near Future Pro "ect / Action Term) Term) Term) (Long-Term) ' FY08-09 FY09-10 FYI 0-11 Facilitation of Redevelopment Projects Downtown Development Opportunity Sites-Program ' Identify Opportunity sites for redevelopment x x x Plaza District Properties - Redevelopment Feasibility x Development Program for Land Assembly / Marketing x Density Bonuses for Housing x Relocation City Public Works Yards x Redevelop City Public Works Facility - Hall Blvd / Burnham St. x Facilitate redevelopment of the two shopping centers x x x ' Hire Retail Consultant to attract new retail development x Develop a branding campaign or own own x x x Main Street ' Storefront Fa de Improvement Program x Redesign / Construct North Half RR to Greenberg Rd x Main Street commercial redevelopment loan or grant program x Main Street storefront improvement program x , Development Opportunities Study for Main Street and Burnham Street to Ash St. x Land Use-Regulations / Design Guidelines ' Land Use / Building Types Refinement x Design Guidelines x Land Use Regulations x Transit Center ' Planning x x Commuter Rail Block / Joint Development x Downtown Housing Development Housing Stud x x Housing Program Estimate x Implementation x x Development Opportunities Stud DOS Program x ' Performing Arts Center Performing Arts Use / Preliminary Sitin x Performing Arts Use / Feasibility Stud x ' Land Disposition / Acquisition x 26 > JULY 2008 o D o 0 08~ffiQ o Tigard Downtown Action Plan--3 year Year 1 (Near Year 2 (Near Year 3 (Near Future Pro'ect/Action Term) Tenn) Term) (Long-Tenn) FY08-09 FY10-11 FY11-12 ' Improvement of Fanno Creek Park & Open Space System continued ' Fanno Creek Park / Public Area Plaza / Private Development Feasibility Stud x Land Acquisition flood lain properties) x x Land Acquisition Public Area x ' Fanno Creek Realignment & Restoration x x Park Restoration x x x Public Area Improvements x ' Urban Creek / Green Corridor Ali nment O lions x Feasibility Stud x Preliminary Design x Land Disposition x ' Final Design & Engineering x Construclon x Ash Ave. Street / Open Space Design x ' Rail to Trail Hall to Tiedemann St.Plannin / Design x x x Construction Hall Blvd - Commuter Rail Segment x Main St. to Tiedeman Segment x Development of Comprehensive Street & Circulation System Downtown Circulation Plan Revise Circulation an x ' Streetsca a Enhancement Program Burnham St. Construction x x Commercial Street Main to Lincoln-Construction x ' Commercial St. Hall to Main St. x Scoffins St. x Streetsca a Enhancement Program ' Main Street Main St. Comprehensive Improvements Design x x Construction x x JULY 2008 > 27 0 0 Coo 0 0 Tigard Downtown Action Plan--3 year Year 1 (Near Year 2 (Near Year 3 (Near Future Pro ject / Action Term) Term) Term) (Long-Term) FY08-09 FY10-11 FY11-12 ' Ash Avenue Improvements Ash Ave. Burnham St. to Rail Engineering / ROW x Construction x ' Ash Ave. North- Design / Construction x Ash Avenue Fanno Creek to Burnham St.) x RR At-Grade Crossing Initiate Vehicular Crossing Negotiations x , Pedestrian Crossing x Vehicle Crossing x Open Space Design x Burnham St. to Fanno Overlook x ' Ped / Bicycle Bride x Terminus to RR Tracts x Hall Blvd. / 99W Downtown Gateway Gateway Conceptual Design x Intersection Design Input / Washing ton County x ROW Acquisition x Intersection Construction x ' Final Design (Gateway) x Gateway Construction x Downtown Alternative Access Studles / Projects Downtown Altemative Access Stud - TSP x Scoffins / Hall Blvd / Hunziker Realignment x Pedestrian / Bike Plans Update Plan x ' Parkin Management Plan Monitor Parkin in Downtown x x x x Shared Parkin Program x ' Employee Parkin Areas Off Main St. x Determine Catalyst Project Impact x Prepare Parkin Stud / Plan x Development of Organizational Leadership ' & Capacity in Downtown Downtown Association - Support x x x CCDA / Other Downtown Organizations - Coordination x x x ' Property Owner and Developer Outreach x x x Marketin - Success Audit x 28 > JULY 2008 4 1 V~ Downtown' edevelo me 0 d r 4e - '.x. 0 - Long ci nnmg 5 • A , i' r s ti US icy ' L Proj ect Strategies 1. Facilitation of Downtown Redevelopment Projects 2. Improvement of Fanno Creek Park / Open Space System 3. Development of Comprehensive Street Circulation System 4. Develop Organizational Leadership and Capacity Downtown r P. aza A-MY ° s \r - ~ • ~ ~ • • ~ • ' x~ ' ' a ! 111 ~ esv Boa dim r Entran~ce Feat f-✓ . , Pu bfiC 1M4rk5' • • • • e r. - 'e `Annex A,• V~(e nd Y' ' B P. e rtt Ar@a n w Board al a I~litig 10 Downtown Tigard Opportunity Areas . i' t8i1~> "j' o muter\ ,r Office in ~ o 'Mixed r l~ Retail Use ` ~ Plaza ~ fathering. C "Upland SPSe Park r C~r' or< J ' - _ • ( . Connections ; e co Housing/PAC' \ X Y i J ' - Lower Park/ Housing \ - Natural Area 1. PlazaDistrict - / h d~ ~ ~ ~ ~ ` ~ Main to Ash St./RR to Fanno Creek Park Y 2. 2 Shopping • New Festival [reel \ Centers -Hall Blvd./99W 3. Commuter Rail/ Project Boundaiy 17-1 7-.~ Transit Site v' 4. Public Works C Annex 0 r I I 4 1 All, f, ~ Fl / 4 i . 6 v'4 a r y i i c i \a t Facilitation of Downtown Urban Redevelopment Projects Design Plan Refinement • Use and Design Regulations ` e 4 - ~ tt ~f t F t~~ , -~'-~;*~i.1 ~ tr ,+f ~i J'am` 4 ~ 't ~ _ 17 ME Yom. v. W. 14, ism A iss f min, -S t I 1 I S 6' i ~ Nu r . , ` i • Ado w y4 % • • t • • ~ • • Park Expansion Area O Fanno Cr Park o • dr Taxlot Boundary i • • • t r 1 ` r / ' r V \ \ O 19OO ~J New Bridge and Boardwalks ? Nevi MyZUse/ O`~ ~ •.O\ /~~ji/ _ j~ Plaia- M a CO wd •000 • • , ~ New H~Ip9 ~ CreelAemeander • ~.r tey r t,ye'Point`. • ` • \ Ndy g~ Entrance Feature . ~MsnW~' O O QNer and , ce ant Area % I'- • „NEw Boa - • ` 1 1 CCC .-y / en ,.ret n l ga on Area v/1 d ~ • I ~ I ~ ~~,.Cy~- 1 R~9oCated ridge - C En lade \ yalmn trance • B"dge - • • f 3'RegTonal Trail 4P _ _ _ OJdIWN Ponds Upgrade IeWBddg = -'Entrance - j New Boardwalk Y, • ~ - ' " New Bridge - _ . 0 ISO N ^t1~ fCet 9 f 't b !J 1 r4 1 J/ } A ~ t4,• ~ ri4 ~ I .~.q. i A rib ',1 t k y L~ ¢ W 4 0 t. i ~ • ~ i~ r r r r • r V1, stri~ents«~ • ~ I Gate ~ ~ _ _ ° 4"~ fir` 1 I ►l i _1___ ~ . . B ` o Garaen 4C3 V edesmat' a~`d _ ❑ 4 p riented--- _ ~ ❑ - - ✓ public Area - G, • 4. Organizational Leadership Capacity in Downtown Assist development of strong Downtown Association Strengthen coordination between CCDA and other Downtown organizations Increase property owner and developer outreach Create cc success • • Downtown projects Appoint a staff liaison for Downtown development Priority Downtown Actions FY08-09 Site - Acquisition / Replacement Plaza Site - Relocation Plaza District Redevelopment Feasibility 2 Shopping Centers - Stimulate Redevelopment Public Works Annex - Development Feasibility Develop Transit Center TOD Project Develop Construction Plans - Lower Fanno Creek Park Strengthen Coordination with downtown organizations