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City Council Packet - 08/12/2008 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 TIGARD TIGARD CITY COUNCIL MEETING August 12, 2008 COUNCIL MEETING WILL BE TELEVISED I:\0fs\Donna's\Ccpkt1 Phone: 503.639.4171 . Fax: 503.684.7297 www.tigard-or.gov 9 TTY Relay: 503.684.2772 City of T1gaild (Revised 8/8/08 to include Agenda Item No. 8 - Executive Session.) W~P7 Tigard Business Meeting - Agenda ru zn) a 1ji, TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) 0 MEETING DATE: August 12, 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. Tunes 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 anyorder after 7:30 p.m Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:45 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 1 of S 71 City of Tigard Tigard Business Meeting - Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE /TIME: August 12, 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 • EXECUTIVE SESSION. The Tigard City Council will go into Executive Session under ORS 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 City Manager. 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. > Review and Discuss Gresham's Rental Housing Inspection Program- Community Development Department > Receive Information on Urban Forestry Management Master Plan -Community Development Department 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 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 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Citizen Communication - Sign Up Sheet • Follow up to Previous Gtizen Communication TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 2 of S City invited the owners of nine neighboring properties to join the annexation and the owners of one, 1.35-acre property (15605 SW Roshak Road) accepted. All property owners have consented to the annexation. LOCATION: Southwest Bull Mountain Road just before SW Roshak Road. Washington County Tax Map 2S108AB, Tax Lots 01200 and 01201; and 15605 SW Roshak Road Washington County Tax Map 2S108BA, Tax Lot 04800. COUNTY ZONE: R-6 District (,Residential 6 Units Per AcreThe 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 annexation are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1. 1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; 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- 5. RECEIVE BRIEFING ON GRAND OPENING OF THE WESTSIDE EXPRESS SERVICE (WES) COMMUTER RAIL a. Staff Report - Community Development Department b. Council Discussion _ TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 4 of S 7:40 PM 3. CONSENT AGENDA: (Ttgwd Cy Camcd, Load Contract RedewBcanl & City Center Dezelgd urAWxy~ 7hae items are crnzsi ked to h- mmm and mry be eructed in ore mxion without separate disacssien A nom may m7uest dw an item be tunnel by na on for disaasion and separate action Mat on to 3.1 Approve City Council Minutes for May 20 and June 10, 2008 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 City Council and City Center Development Agency (C®A) Receive and File: a. City Center Urban Renewal District Financial Impact Report 3.4 Approve Budget Amendment No. 1 to the FY 2008-09 Budget Increasing Appropriations by $75,000 in the Community Development Program to Reflect the Costs Associated with Tree Planting Projects RES. NO. 08- 3.5 Approve Budget Amendment No. 2 to the FY 2008-09 Budget to Transfer $109,841 from General Fund Contingency to General Fund Interfund Transfers for the First Year Payment for the (lute Property Purchase Loan Repayment to the Water QP Fund- RES. NO. 08- _ 3.6 Approve Budget Amendment No. 3 to the FY 2008-09 Budget Implementing the Interim Financial and Information Services Department Plan - RES. NO. 08- 3.7 Amend Section 5 of Resolution No. 08-31, Adopting the Budget and Imposing Taxes as Provided for in the FY 2008-09 Budget - RES. NO.08-_ 3.8 Local Contract Review Board - a. Amend Accela Automation Contract to Add Wireless Service Module b. Award Contract for Construction of 97`' Avenue Sanitary Sewer Extension (Sewer Reimbursement District No. 41) c. Approve Contract Amendment with SunGard Bi-Tech LLC under Tigard Public Contracting Rule 10-075B. 3.9 Establish Neighborhood Trail Study Citizens Advisory Committee - RES. NO. 08- 3.10 Approve Grant Application to the Office of juvenile justice and Delinquency Prevention 3.11 Adopt Council Groundrules - RES. NO. 08- 3.12 Approve Local Option for a Second Period of Historic Property Special Tax Assessment - RES. NO. 08- 3.13 Amend the Process to Appoint Ad-hoc Citizen Advisory Committee - RES. NO.08- • Q)me& A xnda - Items Reamed for Separate Disarssion Ybese items are comider to le 7amm aixl mry k ernani in ore? m mm zeid)w separate duaission A nyow may west that an item l- mn zed by nuion for diswsion and separate aczm 4. QUASI-JUDICIAL PUBLIC HEARING - ZCA 2008-00004/BRENTWOOD HOMES ANNEXATION REQUEST: Annexation of three (3) parcels totaling 7.45 acres plus right-of-way into the City of Tigard. The initial applicant and owner is Sun Ridge Builders, Inc.; the sole owner of Tax Lots 1200 and 1201. Sun Ridge Builders plans to develop its 6.1-acre property into a 16-lot subdivision called Brentwood Estates. The property received land use approval from Washington County on November 6, 2007 (Casefile 07-314-S/DR). The subject property is required to be annexed into the City of Tigard in order to receive public utility services. The connection for public utilities will be from within the Cach Creek property, which is within the City and owned by the City. The TIGARD CITY COUNCIL/ LCRB/CCDA AGENDA - August 12, 2008 city of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-41711 = www.tigard-or.gov Page 3 of S 6. COUNCIL LIAISON REPORTS 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION. The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) to discuss real property transaction negotiations. 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. ADJOURNIN ENT TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page S of S City of Tigard Study Session - Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: July2, 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 • EXECUTIVE SESSION. The Tigard City Council will go into Executive Session under ORS 192.660 (2) @ to review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the City Manager. 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 maybe held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. > Review and Discuss Gresha n's Rental Housing Inspection Program Community Development Department Receive Information on Urban Forestry Management Master Plan - Community Development Department > Administrative Items: ■ Attachments relating to tonight's business meeting: • Council Groundrules (this was delivered in the City Council newsletter mailed on Friday, August 8) • Community Development Department staff will distribute a map for the Brentwood Annexation (Agenda Item No. 4) Council Calendar. August 191, Tuesday Meeting Cancelled 26" Tuesday Council Business Meeting - 6:30 pm Red Rock Creek Conference Room and Town Hall September 9* Tuesday Council Business Meeting - 6:30 pm Red Rock Creek Conference Room and Town Hall 16" Tuesday Council Study Session Meeting - 6:30 pm, Town Hall 23" Tuesday Council Business Meeting - 6:30 pm Red Rock Creek Conference Room and Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA - JULY 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov 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 d6sedto 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 bylaw 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 - JULY 8, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov City Center Development Agency City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the Aug. 12, 2008 meeting of the City Center Development Agency to consider the following Agenda Item QTY CENTER URBAN RENEWAL DISTRICT FINANCIAL IMPACT REPORT STATE OF OREGON) Countyof Washington) ss. City of Tigard ) I, _ bw being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/ organizations byfax: Cl-- Newsroom, The Oregonian Newsroom, Tigard Times and the following people/organizations bye-mail: [~K Editor, The Regal Courier (Editor(&- theregalcourier.com) ❑ " Listings, The Oregonian (Listings@news.oregonian.com) A copy of said Notice being hereto attached and by reference made a part hereof, on the day of A--wA • , 20 Q U Signature of Person who Performed No ication Subscribed and swornjepeff-~-ned) before me this y day of AWgGl~ , 20 0$ .NU. M BYAR8 fr N01'ARY PUBLfC .OREGON S nature of Not ublic for Oregon COMMt3310N NQ 427t~0 MY COMtfi3SION EXPIRES JUNE 14, 2018 F GARD QTY CENTER VELOPMENT AGENCY MEETING 7:30 PM AUGUST 12, 2008 TIGARD C[TY HALL 13125 SW HALL BLVD. TIGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it on the August 12, 2008, City Council and City Center Development Agency Meeting Agenda the following item for consideration CITY CENTER URBAN RENEWAL DISTRICT - FINANCIAL IMPACT REPORT Please forward to: ❑ Newsroom, The Times (fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Listings Department, The Oregonian (Listings@news.oregonian.com) ❑ Editor, The Regal Courier (Editor@theregalcourier.com) 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 1~~' Gil Deputy City Recorder Date: ' c- d Post: Tigard City Hall Tigard Permit Center Tigard Public Library .-Carol Krager From: Microsoft Exchange To: 'Listings@news.oregonian.com' Sent: Monday, August 04, 2008 11:08 AM Subject: Relayed: CCDA NOTICE OF ITEM FOR CONSIDERATION Delivery to these recipients or distribution lists is complete, but delivery notification was not sent by the destination: 'Listings@news. oregonian.com' Subject: CCDA NOTICE OF ITEM FOR CONSIDERATION Sent by Microsoft Fxcharge Setver 20107 1 Carol Krager From: Microsoft Exchange To: 'Editor@theregalcourier.com' Sent: Monday, August 04, 2008 11:08 AM Subject: Relayed: CCDA NOTICE OF ITEM FOR CONSIDERATION Delivery to these recipients or distribution lists is complete, but delivery notification was not sent by the destination: 'Editor@theregalcourier.com' Subject: CCDA NOTICE OF ITEM FOR CONSIDERATION Sent. by Micrc,ct Fxcn rge S;>,r or 2007 1 TIGARD QTY CENTER DEVELOPMENT AGENCY MEETING ■ 7:30 PM AUGUST 12, 2008 TIGARD CITY HALL 1 13125 SW HALL BLVD. TIGARD OR 97223 NOTICE The City Center Development Agency (CODA) will have before it on the August 12, 2008, City Council and City Center Development Agency Meeting Agenda the following item for consideration CITY CENTER URBAN RENEWAL DISTRICT - FINANCIAL IMPACT REPORT Please forward to: ❑ Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Listings Department, The Oregonian (Listings@news.oregonian.com) ❑ Editor, The Regal Courier (Editor@theregalcourier.com) The C®A 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 citys 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 G Date: D D D Post: Tigard City Hall Tigard Permit Center Tigard Public Library City Center Development Agency City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the August 12, 2008 meeting of the City Center Development Agency to consider the following Agenda Item CITY CENTER URBAN RENEWAL DISTRICT FINANCIAL IMPACT REPORT STATE OF OREGON ) Countyof Washington) ss. City of Tigard ) jj t4 C& 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 August 12, 2008 A copy of said Notice being hereto attached and by reference made a part hereof, on the . 14 A C4 day of , 20. -Ali t~ Signature of Person who Performe Notification Subscribed and sworn (ked) before me this y day of AVq U,54- , 20 07 . Signature of Not ry Public for Oregon OFFICIAL SEAL JILL M 2ISSION NOTARY UBUC-ORSM COMMISSION NO. 427990 EXPIRES JUNE 14.2012 TIGARD QTY CENTER DEVELOPMENT AGENCY MEETING 7:30 PM AUGUST 12, 2008 TIGARD aTY HALL 1 , 13125 SW HALL BLVD. TIGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it on the August 12, 2008, City Council and City Center Development Agency Meeting Agenda the following item for consideration CITY CENTER URBAN RENEWAL DISTRICT - FINANCIAL IMPACT REPORT Please forward to: ❑ Newsroom, The Tunes (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Listings Department, The Oregonian (Listings@news.oregonian.com) ❑ Editor, The Regal Courier (Editor@theregalcourier.com) The GCDA 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: c' 4' s Post: Tigard City Hall Tigard Permit Center Tigard Public Library 08/04/2008 12:51 FAX 503 639 1471 CITY OF TIGARD Q001 TX REPORT TRANSMISSION OK TX/RX NO 0476 CONNECTION TEL 503 620 3433 SUBADDRESS CONNECTION ID TT LEGAL ST. TIME 08/04 10:09 USAGE T 00'39 PGS. SENT RESULT OK " r r ~ i• a r y TIGARD- , NOTICE The City Center Development Agency (CODA) will have before it on the August 12, 2008, City Council and City Center Development Agency Meeting Agenda the following item for consideration , CITY CENTER URBAN RENEWAL DISTRICT - FINANCIAL IMPACT REPORT Please forward to: ❑ Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Listings Department, The Oregonian (Listings@news.oregonian.com) ❑ Editor, The Regal Courier (Editor@ theregalcourier.com) The GMA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionallyto address issues related to urban renewal. The CODA, functioning as the citys urban renewal agency, will work on an urban rurnR x.~ -Inn Aec;r ,,.A to fo.4 tetn An.- nP~rP1r%mmPnt anA na o-uv1nnmant 4 rlnnmtnwn 'r;onrr1 nnrl nnc.ciHvnthPr 08/04/2008 12:51 FAX 503 639 1471 CITY OF TIGARD ID 001 • ~~k~k~S~k~k~k~k~K~k~C~k~k~R~&~k~k~k~~R x~ TX REPORT s** N~3~~~~~k~k~kxcxe~k~k~K~&~k&~ksK~~:X TRANSMISSION OK TX/RX NO 0475 CONNECTION TEL 5032944097 SUBADDRESS CONNECTION ID ST. TIME 08/04 10:08 USAGE T 00'35 PGS. SENT RESULT OK t r k rk a> i, t', r t S t NOTICE The City Center Development Agency (CODA) will have before it on the August 12, 2008, City Council and City Center Development Agency Meeting Agenda the following item for consideration CITY CENTER URBAN RENEWAL DISTRICT - FINANCIAL IMPACT REPORT Please forward to: ❑ Newsroom, The Tunes (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Listings Department, The Oregonian (Listings@news.oregonian.com) ❑ Editor, The Regal Courier (Editor@theregalcourier.com) The GCDA 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 cit}/s urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possiblvother City of Tigard, Oregon Affidavit of Posting TIGARD, 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) g - , which were adopted at the City Council meeting of , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the 0_. day of -,2 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 l~ Signature of Person who Performed Posting Subscribed and swo ed) before me this l5 day of O;~ OFFICIAL SEAL Signature of Notary ublic for Oregon JILL M BYARS NOTARY PUBUC - OREGON COMMISSION Na 4279,90 MY COMrISSION EXPIRES JUNE 14, 2012 1AadmbathyVo=stpos1 ordinance 2006.doc J ~ QTY OF TIGARD, OREGON TIGARD QTY COUNCIL ORDINANCE NO.2008-11 AN ORDINANCE ANNEXING 7.58 ACRES OF LAND, INCLUDING THREE (3) PARCELS AND RIGHT-OF-WAY, APPROVING THE BRENTWOOD HOMES ANNEXATION (ZCA2008-00004) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the Qty 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 Qt,/s own motion; WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies 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 Qty Council held a public hearing on August 12, 2008, to consider the annexation of three (3) parcels (Washington County Tax Map (WCIM 2S108AB, Tax Lots 1200 and 1201; and WCTM 2S108BA, Tax Lot 4800) of land located on SW Bull Mountain and Roshak Roads and adjoining right-of-way, and withdrawal of said parcels 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 Qty held a public hearing on the issue of the annexation into the Qty 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 August 12, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property 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 QTY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels and right-of-way as described and shown in the attached Exhibits "A" and "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 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 "E" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required bylaw, 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 Sheriff's 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 nQ M Y1=lci vote of all Council members present after being read by number and title only, this day of U- , 2008. 'Ca thy Wheatley, City Recorder APPROVED: By Tigard City Council this la-~day of -52008. Craig i&en, Mayor Approved as to form: Jty Attorney Date 2S108AB, Tax Lots 1200 & 1201 EXHIBIT A (Including Right-of-Wa~ Legal description of Annexation to the City of Tigard A parcel of land located in part of the Northeast one-quarter of Section 8 Township 2 South, Range 1 West, Willamette Meridian, in Washington County, Oregon, more particularly described as follows: Commencing at the 3-1/4" aluminum disc, being the North '/a corner of Section 8 said point being the Point of Beginning: thence N 00° 23' 24" E a distance of 155.12 feet along the East line of Tract "D" of Stanhurst, a subdivision plat recorded in Washington County plat records; thence N 89° 49' 35" E a distance of 300.06 feet; thence S 00° 19' 30" W a distance of 155.07 feet to the Northwest corner of Lot 2 Wonder View Estates, a subdivision plat recorded in Washington County subdivision records; thence S 00° 04' 53" E a distance of 635.13 feet along the west line of said Lot 2 to a point on the north line of that tract of land described in Document No. 2004-003518, of the Washington County deed records; thence N 89° 36' 18" W a distance of 147.71 feet along said north line; thence S 00° 23' 50" W a distance of 225.99 feet to the center line of SW Bull Mountain Road; thence N 79° 16'44" W a distance of 156.43 feet along thecenter line of SW Bull Mountain Road to the intersection of the center line of SW Bull Mountain Road with the extension east line of Stanhurst; thence N 00° 07' 38" E a distance of 830.04 feet along the east line of Stanhurst to the Point of Beginning. Containing 6.21 Acres NW 1/4 NE A SECTION 8 T2S RIW W. M. 2S I 8A8 WASHINGTON COUNTY OREGON SCALE I" a 100• 1200 .se Ar. • SEE MAP 29 I S L (SUNRISE LANE) 101 1201 1. 1100 1000 J.Je A, 1 J.J, Ae. I ♦ lC9 U,{fll _ j ~ ; cwcuue [ . 1 e •eyi•ee,iae.nw.•w,Aane{ 1 b nm. 1 102 100 1 I IIeA[. ..oSle. I A7 1 1 2 j S.. QW0653 I I I I 1 S h Ali e 1 [ae ~I • ~ P w av,~• Z W 200 r C.S. 7356 1 8 ~.s•.,t", 23-78 :J41! aw [ \1 I SEE MAP SEE MAD 1001 700 300 SEE BP 2S I 2S 1 BOA n,u '4i • $ 10 1300 1400 d Se " •0 C3.7193 Q 900 B00 1e.e = 400 O i J r" p { • 9 FOR ASSESSMENT ••~NM 8 Y 4 5 6 9 PURPOSES ONLY J 'O 7 B ' ,ee ia• 00 NOT RELY ON • S [ e we b i FOR ANY OTHER USE m '0 S rQ . 6 6 600 500 ` j •I,.b 1503 ie !3600 H 1ARA.. i TM - - - 17 i1 1603 awrl 1 ~Jii ' ` 1 1604 2200 37006 ~1 sJAr. i 1 !it IMO [ ' saAr." w3 0a E .ssa. •+.~```Cq~``` I 4•at yw >er.,,.. 2300 7400 /t I I „ . mae ! 1501 3}3 4 ISQ s I 1s05 MAC [•1906 1 a° • 1 r•I 6 S J 1q Q S ~ 3>t'10 C.R NA I i .J! Ir. I t / ^ Y TR11CT i 14a 1901„ R LAS[ lsec. 1904 ; 1502 2500 2600 2T00 2= 7323 .eeAa I : SEE MAP B i w 29 1 BAD 6 7 B S YJ000 r,e 3100 B I . 6 I 12',£ SEE MAP 2 S 1 SAC 2S I SAO 2S 108BA, Tax Lot 4800 (Including Right-of-Wa~ EXHIBIT B ANNEXATION DESCRIPTION The following described property located in the northwest one-quarter of Section 8 Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at the North one-quarter corner of Section 8 Township 2 South, Range 1 West, of the Willamette Meridian also being the northeast corner of Lot 4 Stanhurst as recorded in book 55 Page 27 of the Washington County Subdivision Records; Thence S 00° 01' 37" E, along the east line of said Lot 4, a distance of 308.82 feet to the easterly southeast corner of Lot 4; thence N 61' 01' 43" W, a long the north line of lot 3, a distance of 101.13 feet to the northwest corner of said Lot 3; thence S 39° 32' 55" W, along the west line of said Lot 3 and its extension, a distance of 284.61 feet to the center line of SW Roshak Road and a point on a non-tangent curve to the left; thence along said center line and curve to the left with a radius of 250.00 feet, a central angle of 5° 43' 57" (a chord which bears N 49° 12' 31" W, 25.00 feet) and a length of 25.01 feet; thence N 39° 32' 55" Ea distance of 265.51 feet to a point S 48° 26'34" E a distance of 48.39 feet from the northeast corner of Lot 6 Stanhurst; thence N 480 26' 34" W a distance of 48.39 feet to the northeast corner of Lot 6 Stanhurst; thence N 48° 26' 34" W, along the north line of said Lot 6, a distance of 162.33 feet to the northwest corner of said lot 6 and a point of curve of a non tangent curve to the right; thence along said curve to the right with a radius of 16.00 feet, a central angle of 69° 51' 48" (a chord which bears N 690 09' 09" E, 18.32 feet) and a length of 19.51 feet to a point of reversing curve to the left; thence along said curve to the left with a radius of 45.00 feet, a central angle of 97° 58' 10" (a chord which bears N 55° 05' 58" E, 67.91 feet) and a length of 76.94 feet to the most northerly southwest corner Lot 4 Stanhurst; thence N 39° 13' 24" Ea distance of 93.78 feet; thence N 890 49' 39" E a distance of 145.00 feet to the point of beginning. Containing 59750 Square Feet; 1.37 Acres. 2S 1 08BA 2S 1 08BA " anb°e- "f(+ap- .."qJ0_•~•: " -91,,,1 : `,l , ; `;W S:'„'~- w,T _ ; a , . c - • ts!. 6s. ',if.-•. 91) / `R' ee -.q'.-. ee 36 . t -,9''-. J. o. " 'i, a ♦r' H m , v•^ W .t PALER - In M { R LAN g E 9 1 R ,»D s r 4 +~.a~i "D,,.a, t.,Daa . , , g p 7E00 - . ~ • 3t''' ° ' E,o,. ,,,.a . ,am t-`~P0 . as aw° X = ➢ , g - n I' p - 7700 -•~6 wm Y ~ ~.L,mEO !i, bh ~ , - JI/ 'N!!!', .(,lv~• • :MeN" ',(iw,.-; Im III a~ 6900 ` ~M. 6100 8 7 'amiss ' 'tDOi~.' •D,iM" ♦ ° e'p ,mod # 9 6300 .a .NO. s.ae.~nn'.✓ `fGR•'8~'~r,~~ I ~9 9900 9 \ / g 32 •.••.Yp. 0 q" 1 41j1j1 I'lllll i' 5700 13 p~ i/1 CORNER N III '1A~, •1., s ~ ~ ~ =600 ' V+ im t0 ^ =1001 \ Illlltry l'I ♦ ,r az ♦ \ 640o h~~ a WASHINGTON COUNTY OREGON 68 00 "Y 12 ~,y Q 4800 NE1l4 NW114 SECTION 08 T2S R1 W W.M. SCALE V - 100' P y 6600 / 11 "gyp*l'.: ~ tae Dwix, ~ • - ~a1 +ri ~I VIII ,1 6000 „r tx ate, Nla I,,I " 6 ..6.. 2eoo A 23ao 9 = O: 2200 III 13 nlp~ aa d~ II I'' a J T,'•',.m ;e 0 400 a,\qqi Ipl (,f,/ y. one . 6000 1'~IIII II''II ill ?\a 8~ SW OOLONY PLACE § • / Y v rn °m „a9g :1ao r➢~ b 1j"Iq, IN~ j/ 4700 9 m ' ➢ t2 wl„ ~.l..l IIIIIIII',III~I ~IiI 3 S/Kt' •Y 2700 a 2600 9 3 S!= a:414i II'I Ip ~ / < 73`0 'Ilh,iil~ fit. ~Y. i6r /3~',' `i' - ° \ `f`r-'"• \ 2000 FORADDRIONALAWS VISROUR WESSITEAT t PLACEY c: 9 t yl vww.co.aaAlnQAraor.u, "oo : .m.' ^ }f ~b & n j \ '''4 l ! 7200 '~I°~4, ` ` 2900 Q i 'l ~9 p 4 r8c~\ F lN~ a 8A 0200 ~RC1. R '4 # / 1900 3 10 / e~ ,,,.w a O • r<IItt i, ~'i ; 6-. 3300 W '-'QC:•:.;BD >AG'; m /tS,) 6t / '-F ♦ 30300 4411 ' Z $ 3100 6300 2 \ CJ i ' 1 . - 3200 W R 2 1800 4 0 l ) 7100 ' • . 12 wm•, ,e 'y,l - :;.Ds •;,-:..'.D''''.'f.~. x N`y f O J ..7900 ..sm.- 9 SW Q\ p1° 6 / 7,wCT T• Y 7600 Y 1 \ ''~."CC.::...:CO: "'ADC: "dD.: CO ,600 a. swo L L'J~: a i \*y }Q R4Ct , ; b {e `°n00 i" % M1 µw a r✓ 1`I CancaBW Taxlots For: 2S,083A , mm d 1200 8 1300 14006 $ % 9 e080 / C 89o .4 , ,c 90t,ttq.Ib0.6200AtOt,y01 A90,tOt, 3 4 / 1000 g 8700 COLONY DRIVES 7 aea9 z 6 SBOO 3600 ' x.m ,xm ,:am-.m Z a : _ „2 3700 3000 N 4000 23400 -78 00 Z w.m rJ xm xm Gala(a a-s Msntr a. R xD a a o. o O m~ \ 1 ! GOO 900 700 C ARTOGRAPHK 4 8 ~1 8 ® P9 3eoo loon ^ 8 43 400 8 a oo q 4,00 8 "a A Ae Soo ? F I 6 "'c m PLOT DATE: December 30, 2002 l> a 8 e f3 FOONLYEDSO ,gTRELYON, a ,,..,e I v„eD.. e a FOR OTHER USE ,.w.wl4 R"2f,-- .......,,,,.[Tt,t..,,, t:G „ue taga Gm,ns.bnMnno °,IY a,Cn„y mlba7C,M Mm°.1 ~t ~V .l~l CC ,`77 ~Y YY er,FKP,emMmutl.,4a D,,,, m+x4M 4VR,~,mro = BULL a~ MOUNTAIN °x MM,aensx4A,mKo .om a•~' tea„"~; • >t AD „aa 88 g p M ,T 14 Ila : -17 : , ~y. l J Dtab',., i 2S 1 08BA 2S 1 08BA tea, WW U oaoor nralc Ir rOf w•.rros Or 3Taw H VICINITY MAP mant Oman "am c~ w Z(--,A2008-00004 BRENTWOOD HOLIES ANNE-X,ATION ER LN CITY OF T l 1 SUBJECT SITE Glen amm; I~ NY PL SRO w j T13afd A.na wap i I s~ N 011, c B ~ I86 270 ,eB 460 Feet T 1"e 337 h t ~ J • ~ a a Z 0 Information on this map Is for general location onlyand should be wrifl.d with the O.v.bpm.rs S.rdgs OhAsion. 13126 SW Hall Blvd BULL MOUNTAIN RD Tigard. OR 07223 (303)630.4171 latp:/!w w .d.tward.or.us (-l1rTlrTlllfll}V nova) nmr ono Plot date: Jul 25. 2008. C:lmagic\MAGIC03.APR 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 locations-), hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the 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 L OV - Property Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV fOV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number x 30~W MoVT-z tkESloeM a:51 Og Rd 1 RD0 L410 a2_ ..v o N 06 peb o a H d i:Vurpln\masters\revised\anxper t 2 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 fhie City will review this request in accordance with ORS Chapter 222 and applicable regional and- local policies prior to approving or denyin r t Annexation. LEGEND: JUN 2 0 2008 PO - Property Owner GITYOF-RGARO RV - Registered Voter F'f.~~dtfk(~tEE1~311at~' PAGE OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct UNTE Section Number Number Number / i;lcurplnlmasterslrevised\anxpetn.mst 15-Aug-02 EXHIBIT E Hearin Date: August 12, 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: BRENTWOOD HOMES ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00004 APPLICANTS/ APPLICANT'S OWNERS: Sun Ridge Builders, Inc. REP: LanPacific, Inc. DBA: Brentwood Homes Scott Emmens & Rene Nelson Attn: John Noffz 5125 SW Macadam, Suite 140 15170 SW Finis Lane Portland, OR 97239 OWNERS Tigard, OR 97224 owed Clarence J and Barbara K. Zickuhr Annexation): 15605 SW Roshak Road Tigard, OR 97224 PROPOSAL: Annexation of three (3) parcels totalin 7.45 acres plus 0.13 acres of right-of-way (RO% to the Cityty of Tigard. The unit applicant and owner is Sun Ridge Builders, the sole owner ofTax Lots 1200 and 1201. Sun Ridge Builders plans to develop its 6.1-acre property into a 16-lot subdivision called Brentwood Estates. The property received land use approval from Washington County (WaCb) on November 6, 2007 (WaCb Casefile OT-314-S/DR) The subject property is required to be annexed to receive public utility services. The connection for public utilities will be from within the Cach Creek property, which is within the City and owned by the Gty. The City invited the owners of nine neighboring properties to join the annexation and the owners of one 1.35-acre property (15605 SWRoshak Road) accepted. The property owners of the three subject parcels have consented to the annexation. LOCATION: SW Bull Mountain Road 'ust before SW Roshak Road (Washington County Tax Map (WC,M 2S108AB, Tax its 1200 and 1201); and 15605 SW Roshak Road (WCTM 2S108B Tax lot 4800). 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 (6U- nits per acre and no less than five (5 units per acre, except as specified by Section 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 than4,500 square feet and the mii um lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 1 OF 10 EQUIVALENT QTY ZONE: R-7: Medium Densi 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 accessoryresidential units at a minimum lot size of 5,000 square feet, and duplexes, at a nummum lot size o~ 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE RE VIE W 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 (Updad Version) and olicy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2008-00004) 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 ZCA2008-00004 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION The proposed annexation includes three (3) parcels and adjoining right-of-way on SW Bull Mountain and Roshak Roads. The parcels are located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The SunRidge parcels are contiguous to the City along the north and east boundaries of Tax Lot 1200 and a portion of the east boundary of Tax Lot 1201. The Zickuhr property (Tax Lot 4800) is contiguous to the west boundary of Tax Lot 1201. Tax Lot 1200 is heavily treed and contains sensitive land areas including steep slopes (over 25% grade) and significant habitat. Tax Lot 1201 is gently sloped with sparse trees. Both parcels are vacant. Tax Lot 4800 contains a single-family dwellin built in 1961 with mature landscaping and significant habitat areas overlaying the northern portion the property. The total area proposed for annexation is 7.58 acres. The parcels are 7.45 acres and the proposed right-of- way is approximately 0.13 acre. The City invited all adjacent property owners to join the annexation and received one petition from Clarence and Barbara Zickuhr the owners of an adjacent property with access from SW Roshak Road; all owners of the subject parcels gnat have petitioned for annexation have consented to the annexation. Clarence and Barbara Zickuhr are the only registered voters within the proposed annexation area and both have signed the petition to annex. Therefore, 100% of property owners and 100% of the registered voters have petitioned for annexation. BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 2 OF 10 SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 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-update Version). 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: Chapter 18.320.020.B: Approval Process and Standards. Approva 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 proposed area "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." 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 subject properties total 7.45 acres. The Brentwood Estates WACO approval included 26 single-family and duplex units. Tax Lot 4800, based on the 1.35-acre size of the property, could have an estimated maximum of 9 units. Steep slopes on the parcel could reduce the maximum densi%b on this parcel. Based on the available information, staff estimates a maximum density of 35 units on the ject property. When these sites develop, the applicant will be required to connect to public service facilities. The land-use review process will identify specific service provisions and require additional facilities or upgrades as appropriate, as well as consider the sensitive lands present. Water - City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation,ty of Tai will be the provider of water. Water is available to serve the subject property According to the July 24, 2008 letter to Sun Ridge Builders, Inc' from City Engineer Agustus Duenas, the water system does have the overall infrastructure and adequate capacity to serve the properties to be annexed at the most intense use allowed without significan tly reducing the Ievel of service available to developed an d undeveloped lan d within Tigard. Sewer - Clean Water Services/City of Tigard. Clean Water Services (CWS) is the service provider of sewer service. The existing single-family home on Tax Lot 4800 is on a septic system The owners do not have immediate plans tc develop the property with more dwelling units. f or when the parcel develops, the parcel will aheady be inside city limits and will be required to receive City sewer services. The Brentwood Homes subdivision approval shows connection to CWS sewer to the north in Baker Lane. The owner and the City are in negotiation for an alignment through Ci pproperty for this connection. Upon annexation the City of Tigard will be the provider of sewer service. According to the July 24, 2008 letter to Sun Ri~ge Builders, Inc, from City Engineer Agustus Duenas, the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the City. BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 3 OF 10 Drainage - Clean Water Services/City of Tigard. Clean Water Services is the current provider of stormwater service. Upon annexation, tfie City of Tigard will be the provider of stormwater service. A single-family, home exists on Tax Lot 4800 an d the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. The Brentwood Homes subdivision approval shows connection to City stormwater services to the north in the Cach Creek area. The owner and the City are in negotiation for an alignment and outfall on City property for this connection. According to the July 24, 2008 letter to Sun Ridge Builders,. Inc, from City Engineer Agustus Duenas, the Cary.has the capacity to provide retail level storm sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the City. Streets -City of Tigard Capital Constmction:& Transportation Division. The subject properties are located .north of SW Bull Mountain and Roshak Roads.' The Brentwood' Homes subdivision approval through Washington County includes a local public street that will stub to the east property boundary. The developer will be required to construct the street improvement s according to the approved plan. According to the July 24,.2008 letter to Sun Ride Builders, Inc, from City Engineer Agustus Duenas, the City has determined that it can provide street-re ated services to this site and do-mg so will not significantly reduce the level of services to developed and underdeveloped properties in the City. Police - City of Tigard Police Department. The City of Tigard Police Department was notified of the proposed annexation and suggested that a monument marker be laced on Bull Mountain Road to identify house numbers located on the private access drive to Tax Lot 800. The Tigard Police Department has determined that it has adequate services to serve the most intense use allowed and that providing services will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Fire -Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. The TVF&R Distract currently rovides services to the entire Bull Mountain area both inside and outside of the City of Tigard. the Fire District has personnel and equipment in t~e area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations to developed and undeveloped land within the City of Tigard. TVF&Rs new fire station, Station No. 50 located within approximate)y 1.5 miles of the subject property at SW 124`t Avenue and Walnut Street, is clue to open in December 2008. Based u Don this review staff finds that all ublic services and facilities as defined b the Comprehensive P an are available tote proposed annexation territo and havesufficient ca aci to rovi e service to t Fe ro ose annexation terri-tory. if developed tote most intense use allowed and will not significantly re uce t hp eve o services ava' a e to developed anun eve ope an in the City o Tigard. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Com re hens' Plan 'Pat! oli cies apply to the proposed annexation: Goal 1.1 (Updated Version); Gpoal 11.1 Policy 4 ~Ipdated Version); Goal 11.3, Policy 6 T[ Jdated Version) and Policy 10.1 (Non-updated Versionj. Sta f has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (Updated): Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions e opportunity to participate 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 June 27, 2008: Tigard Librarryy, Tigard City Hall, Tigard Permit Center and at the subject property on SW 153`d Avenue. The Q ubLshe notice of the hearing in 7be Ti~rd zfiralatin She mod Tiiiz fpor two successive weeks (July 24, 20U8 & July 31, 2008) prior to the August 12, 2008, public hearing. The Qi also mailed notice to all interested parties and surrounding property owners within 500 feet on July 1, 2008. BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 4 OF 10 In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on July 21, 2008, including former members of Citizen Involvement Team West. Staff f Inds that this policy is met. Goal 11.1 (Undated): Public Facilities and Services. Policy 4. The City's hall require the property to a located within the city limits prior to receiving City stormwater services. A single-family home exists on Tax Lot 4800 and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. The Brentwood Homes subdivision approval shows connection to City stormwater services to the north in the Cach Creek area. The owner and the City are in negotiation for an alignment and outfall on City property for this connection. The City has stipulated that the owner complete the annexation prior to any site work on City property. Therefore, this policy is met. Goal 11.3 (Updated): Public Facilities and Services. Policy 6. he City shall require the property to be located within the city limits prior to receiving City wastewater services. A single-family home exists on Tax Lot 4800 and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city Iuruts and will be required to receive City sewer services. The Brentwood Homes subdivision approval shows connection to CWS sewer to the north in Baker Lane. However, since the sewer must cross through City property the sewer will become City sewer. The owner and the City are in negotiation for an alignment through City property for this connection. The City has sti ulated that the owner complete the annexation prior to any site work on City property.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, all services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area. b) If required by an adopted capital improvements program ordinance, the appplicant shall sign and record with Washington County a nonremonstrance agreement regarding tFie 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) -Sewer, c) Drainage, and d) Streets. 2. The formation ofpa 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 if the properties are developed in the future. c) The City shallprovide 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 Planningg Area and within the rasUgton Urban Growth BoundaryUpon annexation, urban services will be dCounty, Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 5 OF 10 Policy 10.1.2 (Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based onfin ings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) T'he 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 De artment 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 parcels are contiguous to the City and are located in unincorporated territory in the Tigard Urban Services Area and Tigard Area of Interest. The properties are only accessed from SW Bull Mountain and Roshak Roads which is typical of other properties located north of Bull Mountain Road to the east. Annexing the subject parcel and ad]'ouung right-of-way would help to ocated north of Bull Mountain and Roshak Roads and west e , pocket Set Avue ueorporated territory located' b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergencysituation. The Police Department identifies properties by address and the locations of the subject properties are clear. c) The City of Tigard Police Department was notified of the proposed annexation and suggested that a monument marker be placed on Bull Mountain Road to identify house numbers located on the private access drive to Tax Lot 4800. A monument marker currently exists identifying the four dwellings which take access from the private drive. d) The UPAA (2006) includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City. e) Lastly, as the finding~s for Chapter 18.320.020, above, demonstrated, the annexation can be accommodated for t1~ne 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. Policv 10.1.3 (Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington untyzoning designation, e 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: TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATION'S Washiugtou County Laud Use City of Tigard Zoning City of Tigard DistrictsrPlan Desiguatlou Plan Designation R-5 Res. 5 writs acre R-4.5 SFR 7.500 sq. ft. Low density 1-5 traits acre R-6 Res. 6 unlts'acie R-? SFR 5.000 sq. ft. Med. deusin. 6-12'unitvacre RA Res. 9 ututvacre R-1? Multi-fanuhv 12 muts'acre Med. densin- 6-1? units+ac e R-1' Res. l' unas:acre R-I' Multi-fiunih, 1' ututs.acre \fed. deasin' 6-12 mutsiacre R-15 Res. 15 unus acre R-25 hfuln-famih-?5 muts.acre Medium-High densinv 11-?5 Lutitsfacre R-24 Res. 24 writs acres R-15 hlulti-family 25 tmits..-acre Nlednmr-High deusinv 13-25 units acle Office Commercial C'-P Couumercol Professional CP Commercial Professional NC' NeighbMic-od Commercial CT Neigliboihood Commercial CN NeiQl1bot'hood Commercial CBD Commtercial Bvm ess CBD Commercial Business CBD Conaueicial Business Distnci District District GC' Ganef:al Commercial CG General Comneicial CG General Counuercial FIND Industrial I-L Light Industrial Light hidustrial■ BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 6 OF 10 The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the Counts plan and zoning designations. R-6 County zoning converts to the Gigs R 7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution off the proposed annexation, the subject parcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium density residential will be applied to the properties. Cha ter 18.320.020.C Assignment o 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 closel implements the City's or County's comprehensive plan map designation. The assignment ofythese 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 Ci of Tigard R 7 zoning district is the most similar to Washington Counts R 6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned 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. 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 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 City to provide notice at least 20 days prior to the hearing byy mail and to publish notice at least 10 business days prior to the hearing- the City mailed notice on yy 21, 2008, and published public notice in The Tiganl Tualatin Sheruoal Turns ~or two successive weeks (Juicym 24, 2008 & July 31, 2008) prior to the August 12, 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: Stat~(ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory whhen owners of landd in the pproposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.11T(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 if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearin 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 hearin i 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 45 days prior to the hearing. Owners of the subject Parcels have signed petitions for annexation to the City. The subject parcels are contiguous to the subject boundary. The Cityhas acted on its own motion to annex the right-of-way on SW Bull Mountain and SW Roshak Roads, which adjoins the subject properties. BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 7 OF 10 The Q ppublished ublic notice in The Tigard Tualatin Slxruaood Ti.,m for two successive weeks (July 24, 2008 &~uly 31, 200 prior to the August 12, 2008, public hearing and posted the hearing notice for public view on June 27, 2 8: Tigard Library, Tigard City Hall, Tigard Pen-nit Center, and at the proposed territory on 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 hearin quly29, 2008 for an August 12, 2008, hearing). Staff has determined that the a plicable METRO re ations (Metro Code 3.09.040 &(d)) have been met based on the oMowing fin ngs: Metro 3.09.040 b b Not ater 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 agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation ppro osal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUBA (2006). J3) A description of how the proposed boundary change is consistent with the comprehensive and use plans, public facility plans, regional framework and functional plans, re gional 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 'IA and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPfIA (2006 aril TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework M2 and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary chan ges in the Regional Framework Plan or the rban Growth Management Functional Plan. However, the Citys 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~ PPropppsed territory will remain within Washington County but will be required to be withdrawn from the Wastun on County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District andthe Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place August 12, 2008. If the Council adopts findin s to approve ZCA2008- 00004, the effective date of the annexation will be 30 days later on September 11, 008. BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 8 OF 10 Metro Code 3.09.040 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 pproposed annexation complies with all applicable provisions of urban service rovider agreements (UPAA (2006 and the TUS(200&JAA The pro osed annexation is in the Area of p Interest anUrban Service Area, which are subject to the and MA . 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 UPAA, eroviding Washington County with 45-da notice prior to the public hearin. 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. Thins criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes 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 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 im lementing ordinances that applyto this proposed annexation. The Development Code and Municipal Code will apply to the proposed terntory if or when it develops. BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 9 OF 10 SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and provided comment in a June 2, 2008 email from Brian Rager which outlines the tentative terms of an easement agreement between the City and Sun Ridge Builders, Inc for the development of the Brentwood Estates project. The outline addresses schedule, permitting authority, easement scope, utility alignments, and pathway improvements. The City of Tigard Police Department provided comment on the annexation stating that the Department has determined that it has adequate services to serve the most intense use allowed and that providing services will not significantly reduce the level of services available to developed and undeveloped Iand with the City of Tigard. The City of Tigard Engineering Division provided comment on the annexation with a copy of a letter to Sun Ridge Builders, Inc, from Agustin Duenas, City Engineer, dated July 24, 2008. The letter confirms the Gt}/s capacity to provide water sanitary sewer, storm drainage, an streets to the subject properties without significant reduction in the level of services provided to developed and undeveloped properties in the City. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. SECTION IX. PUBLIC COMMENTS The City mailed notice to surrounding property owners. within 500 feet and all interested parties on July 21, 2008. As of the date of this report, staffhas not received any written public comments. c 7/25/2008 PREPARED BY: C-dryPagenstecher DATE Associate Planner BRENTWOOD HOMES ANNEXATION ZCA2008-00004 PAGE 10 OF 10 I 1 • Agenda Item No. . a . +it} For Agenda of I y.) 4,l . o j, TIGARD CITY COUNCIL/City Center Development Agency/ Local Contract Review Board Meeting Minutes MEETING DATE /TIME: August 12, 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 STUDY SESSION Truk 2 Mayor Dirksen called the meeting to order at 6:31 p.m. City Council present: Name Present Absent Mayor Dirksen ✓ Councilor President Sherwood ✓ Councilor Buehner ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff Present: City Manager Prosser, Building Official Blalock, Assistant Community Development Director Bunch, Community Development Director Coffee, Police Chief Dickinson, City Engineer Duenas, Associate Planner Floyd, Engineering Manager McMillan, Senior Planner Nachbar, Associate Planner/Arborist Prager, City Attorney Ramis, City Recorder Wheatley. Mayor Dirksen announced the City Council would go into Executive Session under the following authority: • EXECUTIVE SESSION: The Tigard CityCouncil went into Executive Session at 6:32 p.m. under ORS 192.660 (2) (1) to review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the CityNtanager. Executive Session concluded at 7 p.m. See Agenda Item No. 7 for follow-up action bythe City Council. TIGARD CITY COUNCIL/ LCRB/CCDAAGENDA - August 12, 2008 Otyof Tigard 13125 SW Hall Blvd., Tigard, OR97223 503-639-4171 www.tigard-or.gov Page 1 of 16 nc:k 3 Study Session Review and Discuss Gresham's Rental Housing Inspection Program This item was before the City Council as an item identified for the task list by the City Council during its goal setting session in January 2008. Councilor Wilson recalled he was interested in this topic to discuss whether there are apartments that need to be repaired or maintenance addressed to bring them up to code levels. There might be tenants who are in a position who would not be likely to report conditions not in compliance. Staff Presenter. Building Division Manager Blalock Key Points: ■ The Housing Inspector reports to Building Division Manager Blalock ■ Building Division Manager Blalock interviewed the Gresham Building Officials regarding the Gresham program. ■ Gresham rates were reviewed, which were set up similarlyto a business tax structure. Charge is per unit. A large sum of money was available from this fund and Gresham decided to allocate the funds to their inspection staff to perform a systematic annual review of every apartment unit. ■ Gresham staff thought it would take three years to inspect all of the apartment units; however, complaints on specific units would be worked into the schedule. Building Division Manager Blalock noted that the City of Tigard housing inspection is done on a complaint basis. Tigard receives about two to six complaints per day, about one-third of these complaints relate to housing code issues while the others relate to property code violations (i.e., fence complaints). ■ With the implementation of the housing inspection program the Housing Inspector advised Building Division Manager Blalock that he thinks the apartment owners have responded and there is a reduction of calls from when the program first started up. ■ City Attorney Ramis advised Gresham is creating the forms and documents needed for this program at this time and are under administrative and legal review. There is some complexity regarding implementation. ■ Building Division Manager Blalock and the City Council discussed current rates charged for the housing program He referred to the City Council packet information outlining the Tigard fee structure. • City Manager Prosser asked Building Division Manager Blalock if experience has shown whether the size of the rental complex correlates to how well it is maintained. Building Division Manager Blalock advised he had not reviewed this but he could do so. Councilor Buehner suggested that it is likely the caliber of the manager that dictates the maintenance quality. ■ Mayor Dirksen asked the relationship between the housing program and general code enforcement. Building Division Manager Blalock said there are a nuisance code enforcement officer and a building code enforcement officer. CommunityDevelopment Director Coffee advised these two officers often cross lines to respond due to the interchangeabilityof the nature of these complaints ■ The Gresham program's structure was reviewed by Building Official Blalock and Assistant Community Development Director Bunch. Council discussed similarities and differences between Tigard and Gresham with regard to rental housing. TIGARD CITY COUNCIL/LCRB/CODA AGENDA - August 12, 2008 atyof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of M ■ Protection of health and safety language for the Code was suggested as a way not only to perform inspections for livability but also experience from other similar programs has shown that criminal activity is discovered occasionally, which can then be dealt with by the Police Department. City Manager Prosser asked for Council direction on whether to proceed with a rental housing inspection program Councilor Wilson said it might be good to monitor Gresham's program for a couple of years. Council President Sherwood said she would also like staff to monitor complaint-driven incidents to determine if there should be a "heavier crackdown." Community Development Director Coffee suggested staff track complaints for the next six months, check in with the Gresham program experiences and report back to the CityCouncil. Community Development Director Coffee noted that after the six-month update, Council would have an opportunity to decide whether a program should be submitted for consideration in next year's budget. Council discussed the health/safety issues uncovered in the Bonita Villa apartments, which has improved but still has issues they are trying to deal with; i.e., cockroaches and structural problems. Improvements to Villa La Paz, now known as Greenburg Oaks, were also noted. Community input on this type of program would be welcomed bythe CityCouncil. Council President Sherwood referred to a suggestion at a Fifth Tuesday meeting for some temporary code enforcement assistance and a new program might provide options to help fund a temporary position. Track a Receive Information on Urban Forestry Management Master Plan - Community Development Department Assistant Community Development Director Bunch and Associate Planner/Arborist Prager presented this item to the City Council. Assistant Community Development Director Bunch referred to the Comprehensive Plan, which contains a specific policythat says there should be an Urban Forestry Management Master Plan. The development of this Plan will require citizen involvement with reports to the City Council. The Plan will be important to the City operations as it does business. Assistant Community Development Director Bunch said an Urban Forestry Plan is a way by which we can take a comprehensive approach to managing the City's urban forest. This will include both public and private lands. The Plan is not a regulatory tool, but from a public perspective, it is a tool by which we can coordinate the operation, purchasing, management, and maintenance of all the trees owned by the public. From the private lands standpoint, the Plan provides infonnation, technical advice, and coordinates programs that help people improve their own treescapes and landscapes contributing to the overall quality of the urban forest. It is an important venue by which we can marshal the resources in the public to engage and do things such as protect Goal 5 tree resources and uplands; develop revised landscape standards, or other kinds of tree protection and preservation measures. The Plan will require coordination among City departments, outreach to the public, developing common goals, and good management practices associated with budgeting and implementing actions to improve the urban forest. Public engagement and involvement of the public was stressed. Assistant Community Development Director Bunch said staff would like to initiate this project this year, it will be primarily staff driven. Acitizen advisory committee would be formed to develop the overall urban forestry plan. Many cities have urban forestry plans - the City of Vancouver has an excellent Plan. TIGARD CITY COUNCIL/ LCRB/CODA AGENDA - August 12, 2008 Gtyof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 3 of 16 Associate Planner/Arborist Prager said it would be important to establish existing conditions in Tigard. He said he thinks there are many ideas about what we have, but a critical component of an urban forestry plan is to know what you have and then state what you would like to have in the future. He said staff has worked with Metro on some canopy analysis so staff has some preliminary findings they can use in the Plan. Councilor Buehner said she thought an inventory had been done during the Comprehensive Plan review. Assistant Community Development Director Bunch said the process was started with Metro. A geographic information systems (GIS) analysis was done for a 1996 vs. 2007 canopy. Associate Planner/Arborist Prager reviewed highlights: ■ Tigard, in 1996, had 25.84 percent of the land area covered with tree canopy. In 2007, the area covered by the tree canopy was 24.52 percent. This represents an approximate loss of 1 percent or 100 acres of canopy lost. Councilor Buehner pointed out that compared to when the City was formed, there has been a tremendous gain in tree canopy. ■ Assistant Community Development Director Bunch referred to the type of canopy in terms of contiguity and the large parcels. Associate Planner/Arborist Prager said 50 percent of the canopy clusters were for five acres or more range in 1996. In 2007, 41 percent of the canopy clusters were for five acres or more representing a large drop. ■ With an overall loss at about 1 percent, it appears that efforts to require replanting, street trees, replanting, and restoration has been successful given the development of the larger parcels. ■ Assistant Community Development Director Bunch referred to data gathered and an interactive map showing the progression of tree loss over the years. ■ Mayor Dirksen noted his support for the tree inventory as it relates to the Comprehensive Plan. Assistant Community Development Director Bunch said the next step for the inventory is to determine the natural resource significance of the trees. ■ Community Development Director Coffee reminded Council of the need to get started on developing language for the Tree Code. The Urban Forestry Master Plan and Tree Code rewrite will be done simultaneously. ■ Councilor Woodruff asked if the Tree Board should serve as the Citizen Advisory Committee for this project. Associate Planner/Arborist Prager said staff was envisioning that this would be a broad-based group representing all the stakeholders, including developers. Mayor Dirksen suggested the Tree Board would be included along with other individuals. Assistant Community Development Director Bunch noted the need to get input from utility companies, and Oregon Department of Transportation (ODO1). Council members indicated support for staff to proceed with the Urban Forestry Management Plan as proposed bystaff. Council President Sherwood noted her interest in inviting and learning if the development community steps up to give input to this process. Track 5 > Administrative Items: ■ CityManager Prosser reviewed information distributed to the City Council for tonight's business meeting: o Council Groundnrles (this was delivered in the CityCouncil newsletter mailed on Friday, August 8) o A map for the Brentwood Annexation will be reviewed by Associate Planner Pagenstecher during the meeting. (Agenda Item No. 4) TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 Gryof Tigard 1 13125 SW Hall Blvd., Tigard, OR97223 503-639-4171 www.tigard-or.gov Page 4 of 16 ■ Council meeting calendar was reviewed. Next week's meeting has been cancelled. The next business meeting will be August 26, 2008. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:36:54 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 7:37:36 Pbi Councilor Buehner advised she would give a report on the activities of the Urban Reserve Committee at the end of the business meeting. (See Agenda Item No. 6) 1.5 Call to Council and Staff for Non-Agenda Items Council considered a motion relating to an item discussed during the Executive Session regarding the Gty Manager's annual review. (See Agenda Item No. 7) Councilor Buehner announced her son is on the US Olympic Rowing Team; the Team has qualified for the finals. 7:38:42 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Gtizen Communication - Sign Up Sheet • Andrew Spiak, 9825 SW O'Mara, Tigard, OR 97223 asked about the house that the Gty of Tigard purchased "next door." He said he called the Gtyand was notable to find out how much this cost. This was formerly the "Schaltz" house. He asked when the Gty bought it, what the process is for buying property, the cost, and what the Gty will be using it for. City Manager Prosser said he did not have the details with him and he would need to follow up with Mr. Spiak He gave a general response: The property was purchased within the last six to eight months. Staff learned it was coming on the market and came to the City Council. The Gty Council gave staff the go ahead to talk to the property owners. An appraisal was done on the property and the Gty paid the price named in the appraisal. He told Mr. Spiak that he cannot remember the price and will need to look it up. Mr. Spiak referred to a price of $846,000. Several Council members responded that this figure was not the price. Mayor Dirksen said it was more like TIGARD CITY COUNCIL/ LCRB/CCDAAGENDA - August 12, 2008 Gtyof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page S of 16 $535,000. Mr. Spiak asked if this was for both properties. CityManager Prosser responded that the City purchased the "white house" property fast and then staff learned the "back house" was available. An appraisal was also done for this home and it was purchased. This purchase was completed in late spring or early summer. The City now owns both properties. In response to a question from Mr. Spiak regarding the intended use, City Manager Prosser said the property would add to the Fanno Creek Park, so it's part of the park system now. The back house will probably come down to expand the grounds. The front house will likely be kept as some sort of public resource; i.e., meetings, wedding receptions, etc. This would go through a master planning process. Mayor Dirksen advised the City has held a couple of events there. There was a Council goal session (team building) and a reception to celebrate signing the Tigard/Lake Oswego water partnership agreement. Mayor Dirksen said the City saw these purchases as a great opportunity to gain control and bring the creek bank on that side of Fanno Creek, opposite to where we already had parkland, into public ownership where it could be improved and the riparian corridor restored. Mr. Spiak asked if the public hears about these things before they happen. Mayor Dirksen said the City Council acted quickly on these purchases because it came on the market and we needed to react in a "market way." CityManager Prosser added the process on these purchases was that staff heard that it was going to be listed for sale; we brought it to Council in Executive Session because potential property acquisitions are discussed in Executive Session. Once the deal was put together; the Council discussed it in open session and gave the authorization to move ahead. Mayor Dirksen advised that another component of public process occurred. The City of Tigard has a park and recreation board. About a year ago, Council asked this Board to do an inventory of properties available in the City of Tigard. The City is aggressively attempting to find open space and properties that can be added to the parks inventory. Neither of these properties was on the inventory as part of the Park Board process because they were not recognized as being available. At the time when we were looking at exploring purchasing them, we alerted the Park and Recreation Advisory Board to this opportunity and asked them whether they thought this was appropriate and in line with their goals. The Board was enthusiastic that we should move forward with the purchases. The Council felt confident that the purchases were in keeping with the overall goals the City has to expand our parks properties. Mr. Spiak said he is frustrated with spending three-quarters of a million dollars to buy these two houses and referred to the economy. He asked how the City gets that kind of money and then added that it comes "from the people." Councilor Sherwood advised these purchases were funded bySDC money (system development charges) for parks. Mr. Spiak asked if we are "going into the wedding business." Mayor Dirksen said that is not the goal. It is a possible use for it, but that is not the goal. The goal is to preserve the property, restore the creek side and make it part of Fanno Creek Park so it will be available for public use. • Mayor Dirksen noted that Rene Nelson signed up to speak; however, her topic is the Brentwood Annexation, which will be the subject of a public hearing later in the meeting. TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 6 of M • Lisa Hamilton-Treik, 13565 SW Beef Bend Road, Tigard OR 97224 and Kathy Palmer 14260 SW High Tor Drive, Tigard OR 97224 addressed the Council as representatives of Citizens Participation Organization (CPO) 4B. Ms. Hamilton-Treik advised she is a resident of unincorporated Bull Mountain. She was before the City Council at the request of the CPO-4B Steering Committee. She referred to the area of coverage by CPO-4B and 4M. She said in May the residents of the Tigard area along Barrows Road learned of the proposed closure of Barrows Road and those residents brought this to the attention of the CPO. The CPO placed that issue as their main topic of discussion at the June meeting. This drew a number of people who were concerned about the road being closed. Many people did not understand what was going on with the bridge and the long-range transportation plan. What came out of that meeting was a resolution requesting that an effombe made to find a way to keep that road open until the Davies extension happens. A second meeting of CPO-4B was held in July on this matter and it was also well attended. At both CPO meetings, representatives were present from the City of Tigard and Washington County. In July, staff from Beaverton also attended. Ms. Hamilton-Treick thanked the City of Tigard for sending those staff persons to the CPO to speak on this issue. Ms. Hamilton-Treick said that members of the CPO learned before their meeting in July adjourned, that it looked like the City of Tigard, Washington County, and the City of Beaverton had all come together in a cooperative effort to find an affordable way to keep that bridge open. She referred to a CPO resolution urging the Washington County Board of Commissioners and the Washington County Department of Land Use and Transportation to authorize repair of the bridge on Barrows Road and to keep Barrows Road open. She said she was before the City Council to thank the members and to commend them on the collaborative effort to find a solution to that problem. She presented the City Council with a copy of the resolution. (CP014B Resolution No. 08-01). • Kathy Palmer said she lived in unincorporated Washington County, her address is cited above. On September 11, 7-9 p.m., the CPO has invited the Tigard Historical Association and the Washington County Historical Society to talk about the history of the area and how it relates to the growth in the County, i.e., the development of Tigard and Bull Mountain. On the 2" d the CPO meeting will be devoted to introducing candidates running for public office. All of the public is invited to their meetings. From the success of the Barrows Road resolution, it can be presumed that the CPO-4B is actively aware of their area residents' concerns. She congratulated the people who came together to make that work • Lisa Hamilton-Treick said she saw a notice that Tigard staff was successful in getting the Metro 30- year High Impact Traffic Open House held in Tigard. She said that was commendable for them to have noticed that it was overlooked and taken the initiative to get that corrected. Ms. Hamilton-Treicksaid that her family has a lot of history with the house on Hall Boulevard that the City recently acquired. Mayor Dirksen said he recalled that Ms. Hamilton-Treik used to live in that house. She said they have many happy memories about that house. It is a "magical" place and she said she could not be more pleased that it is coming into public use. She offered to bring photographs from the 1980's that the City might want to archive. She congratulated the City on this acquisition. TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of 16 Councilor Woodruff commented that there were a number of people attending the water agreement signing who were curious about the history of the property and house. He welcomed any information that Ms. Hamilton-Treick might have regarding its history. Councilor Buehner thanked Ms. Hamilton-Treick for letting the City Council know what is happening at the CPO. Councilor Buehner referred to the New Seasons store to be built on Barrows Road and asked about its status as she thought construction was going to start this summer. Ms. Hamilton-Treick advised that Gramor Development has done a fabulous job with staying in touch with the CPO. Gramor did a presentation in the spring and her recollection that construction was delayed until 2009. 7:53:17 PM • Follow-up to Previous Citizen Communication: None 7:53:22 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA ('Tigwd G1y Qwu4 Locd Cormi-actReuewBaznl & Gry Center Detel~Agemy~ 3.1 Approve City Council Minutes for May 20 and June 10, 2008 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 City Council and City Center Development Agency (C®A) Receive and File: a. City Center Urban Renewal District Financial Impact Report 3.4 Approve Budget Amendment No. 1 to the FY 2008-09 Budget Increasing Appropriations by $75,000 in the Community Development Program to Reflect the Costs Associated with Tree Planting Projects - Resolution No. 08-40 A RESOLUTION APPROVING BUDGET AMENDMENT # 1 TO THE FY 2008-09 BUDGET- INCREASING APPROPRIATIONS BY $75,000 IN THE COMMUNITY DEVELOPMENT PROGRAM TO REFLECT THE COSTS ASSOCIATED WITH TREE PLANTING PROJECTS 3.5 Approve Budget Amendment No. 2 to the FY 2008-09 Budget to Transfer $109,841 from General Fund Contingency to General Fund Interfund Transfers for the First Year Payment for the (lute Property Purchase Loan Repayment to the Water CIP Fund- RESOLUTION NO. 08-41 A RESOLUTION APPROVING BUDGET AMENDMENT # 2 TO THE FY 2008-09 BUDGET TO TRANSFER $109,841 FROM GENERAL FUND CONTINGENCY TO GENERAL FUND INTERFUND TRANSFERS FOR THE FIRST YEAR PAYMENT FOR THE CLUTE PROPERTY PURCHASE LOAN REPAYMENT TO THE WATER CIP FUND TIGARD CITY COUNCIL/ LCRB/CODA AGENDA - August 12, 2008 Cary of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 8 of 16 3.6 Approve Budget Amendment No. 3 to the FY 2008-09 Budget Implementing the Interim Financial and Information Services Department Plan- RESOLUTION NO..08-42 A RESOLUTION APPROVING BUDGET AMENDMENT # 3 TO THE FY 2008-09 BUDGET- INCREASING APPROPRIATIONS BY $75,000 IN THE COMMUNITY DEVELOPMENT PROGRAM TO REFLECT THE COSTS ASSOCIATED WITH TREE PLANTING PROJECTS 3.7 Amend Section 5 of Resolution No. 08-31, Adopting the Budget and Imposing Taxes as Provided for in the FY 2008-09 Budget - RESOLUTION NO. 08-43 A RESOLUTION AMENDING SECTION 5 OF RESOLUTION 08-31, ADOPTING THE BUDGET AND IMPOSING TAXES AS PROVIDED FOR IN THE FY 2008-09 BUDGET 3.8 Local Contract Review Board - a. Amend Accela Automation Contract to Add Wireless Service Module b. Award Contract for Construction of 97`x' Avenue Sanitary Sewer Extension (Sewer Reimbursement District No. 41) c. Approve Contract Amendment with SunGard BI-Tech LLC Under Tigard Public Contracting Rule 10-075B. 3.9 Establish Neighborhood Trail Study Citizens Advisory Committee - RESOLUTION NO. 08-44 A RESOLUTION ESTABLISHING QUZEN ADVISORY COMMITTEE TO GUIDE THE PREPARATION OF THE TIGARD NEIGHBORHOOD TRAILS PLAN AND APPOINTING MEMBERS TO THE COMMITTEE 3.10 Approve Grant Application to the Office of Juvenile Justice and Delinquency Prevention 3.11 Adopt Council Groundrules - RESOLUTION NO. 08-45 A RESOLUTION AMENDING THE COUNCIL GROUNDRULES (EX -HBIT A) AND SUPERSEDING RESOLUTION 07-48 3.12 Approve Local Option for a Second Period of I-istoric Property Special Tax Assessment - RESOLUTION NO. 08-46 A RESOLUTION APPROVING THE ADOPTION OF A SECOND PERIOD OF SPECIAL ASSESSMENT OF HISTORIC PROPERTY PURSUANT TO SENATE BILL 416 (2007 LEGISLATIVE ASSEMBLY) 3.13 Amend the Process to Appoint Ad-hoc Citizen Advisory Committee - RESOLUTION NO. 08-47 A RESOLUTION AMENDING THE PROCESS TO FORM AND APPOINT MEMBERS OF LIMITED DURATION TO CITIZEN ADVISORY COMMITTEES TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 Qty of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 of 16 Motion by Councilor Wilson, seconded by Councilor Sherwood, 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 Councilor Woodruff Yes 7:56:57 PM 4. QUASI-JUDICIAL PUBLIC HEARING - ZCA 2008-00004/BRENTWOOD HOMES ANNEXATION REQUEST: Annexation of three (3) parcels totaling 7.45 acres plus right-of-way into the City of Tigard. The initial applicant and owner is Sun Ridge Builders, Inc., the sole owner of Tax Lots 1200 and 1201. Sun Ridge Builders plans to develop its 6.1-acre propertyinto a 16-lot subdivision called Brentwood Estates. The property received land use approval from Washington County on November 6, 2007 (Case file 07-314- S/DR). The subject property is required to be annexed into the City of Tigard in order to receive public utility services. The connection for public utilities will be from within the Cach Creek property, which is within the City and owned by the City. The City invited the owners of nine neighboring properties to join the annexation and the owners of one, 1.35-acre property (15605 SW Roshak Road) accepted. All property owners have consented to the annexation. LOCATION: Southwest Bull Mountain Road just before SW Roshak Road. Washington County Tax Map 2S108AB, Tax Lots 01200 and 01201; and 15605 SW Roshak Road Washington'County Tax Map 2S 108BA, Tax Lot 04800. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre 1. 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 bySection 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity-for more flexibilityin development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium Density Residential District. The Cityof 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 annexation are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. a. Mayor Dirksen opened the public hearing 7:57:11 PNt TIGARD CITY COUNCIL/LCRB/CODA AGENDA - August 12, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR97223 503-639-4171 www.tigard-or.gov Page 10 of M b. Statement by City Attorney Regarding Procedure - City Attorney Ramis reviewed the public hearing procedures. C. Declarations or Challenges reviewed as follows: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? 8:01:15 PM Councilor Buehner advised she had walked the site and was familiar with it. Councilor Wilson also said he was familiar with site - Have all members familiarized themselves with the application? All 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. d. Staff Report: Community Development Department Associate Planner Pagenstecher presented the staff report; a copy is on file in the City Recorder's office. 8:04:29 PM He also reviewed a vicinity map of the area to be annexed. Councilor Buehner noted the proposal included a section of right of way on Bull Mountain Road. She asked if there was any discussion about discussing the right of way in front of two lots between the proposed annexation areas. Associate Planner Pagenstecher said there was no discussion on this advising that the policy is to annex adjacent right of way. After brief discussion, City Manager Prosser clarified that the Legislature amended the definition of what creates an island and there are limitations on whether annexation of a road right of way would define whether an island has been created. In response to a question from Councilor Woodruff, Associate Planner Pagenstecher said that the "tail" configuration on the map is a private access drive for four parcels and not from SW 157 Avenue. e. Public Testimony Applicant Rene Nelson, Representative for Brentwood Homes, c/o LanPacific, 5725 SW Macadam Avenue, Portland, OR 97239. She asked the City Council to approve the annexation as they have requested. 8:07:49 PM Neutral Monica Wright, 15585 SW Roshak, 'Tigard, OR 97224, advised her property was adjacent to the Zickuhr property, which is one of the parcels under consideration for annexation. She noted that her property uses the private drive for access. Mayor Dirksen said that this would remain as a private drive. She asked if there was a potential for her property to be taken to make this into a road for an entrance and exit. Councilor Wilson said the drive would remain private property. The annexation only affects whether the propertyis located inside or outside of the City. Ms. Wright noted the annexation report states the annexation area could be developed into nine lots for homes. With nine homes, would the City decide the roadway needs to be brought up to a full street standard for emergency vehicle access? Councilor Wilson said the annexation proposal would likely have TIGARD CITY COUNCIL/ LCRB/CCDA AGENDA - August 12, 2008 Gryof Tigard 13125 SW Hall Blvd., Tigard, OR 972233 503-639-4171 www.tigard-or.gov Page I1 of l; little or no impact on Ms. Wright's property; annexation does not necessarily increase the likelihood of development. The development potential is specified in the staff report because the zoning is changing from a Washington County zone to a City zone. Our policy is to use the closest zoning designation when compared to the Washington County zone upon annexation. Ms. Wright asked what advantage is it to the City of Tigard to annex the right of way adjacent to annexed property. Councilor Wilson said the right of way is part of the parcel and the entire parcel is being annexed. City Manager Prosser added that the private driveway is not right of way, when reference is made to right of way for this annexation, staff is referring to a portion of Bull Mountain Road and Roshak Road. Ms. Wright asked about services. For example, what about police services in an emergency situation. Mayor Dirksen and Councilor Wilson advised Tigard and the Washington County Sheriff's Agency have entered into a mutual aid agreement, the agency with the closest officer will respond regardless of whether a call is made from the City or in the unincorporated area. 8:13:02 Pro Greg Parsons, 15015 SW Bull Mountain Road, advised his property is adjacent is to the Brentwood Estates. He said he is in the unincorporated area and asked if he should want public sewer through Brentwood, would he have to annex. Several City Council members indicated he would have to annex to connect to this sewer line. Mr. Parsons said, "So, you are land locking me in there." Councilor Wilson responded, "Actually, it's just the opposite. Our policy is that if it flows downhill, we would require you to be in the Cityin order to serve you. If that were not in the City, you would have to come into the City before you could develop it. So, this actually gives you an opportunity that you wouldn't have otherwise have had." In checking this statement with staff, Councilor Wilson restated his understanding: "In order to serve a propertywith Citysewers, it has to be contiguous with the City. You could get Wash Washington County sewers, but only if it flows downhill from your property." Mayor Dirksen said, "There may not be access to Washington County sewer from the property, is that what you are saying." Councilor Wilson responded, "If that were the case, you would have to wait until you came into the City... " Mr. Parsons said that everything on the north side is Tigard, so there would never be any Washington County sewer brought to his property now that there is a City of Tigard park Mayor Dirksen agreed with Mr. Parsons that it would be unlikely that he could be served by a Washington County sewer line. Council President Sherwood advised Mr. Parsons of the current policy regarding annexation requests for the City of Tigard: no annexation fees and a three-year phase-in of City taxes. 8:15:32 PM Clarence Zickuhr, 15065 Roshak Road, Tigard, OR 97224 (applicant) said he was very happy to have been invited into the City of Tigard so he does not have worry about the City of Bull Mountain or "any other such thing threatening my property in the future." He added that he uses City services and has felt he was a part of Tigard and he concluded he wanted to become a part of Tigard. 8:17:03 PD1 f. Staff Recommendation: Associate Planner Pagenstecher advised the staff recommendation was for the City Council to adopt the proposed ordinance and approving the annexation. TIGARD CITY COUNCIL/ LCRB/CCDAAGENDA - August 12, 2008 Gtyof Tigard 1 13125 SW Hall Blvd., Tigard, OR97223 503-639-4171 www.tigard-or.gov Page 12 of M 8:17:15 PM g. Mayor Dirksen closed the public hearing. 8:17:171'M h. Council Discussion and Consideration: Ordinance No. 08-11 Council President Sherwood commented that this is the second application for annexation recently where people have come forward to say they felt that since they were using City services, they wanted to be a part of our City. She welcomed the new residents and said she was pleased to see these annexations come forward. Councilor Woodruff added that annexation has been controversial in the past and there have been comments by some people about "piecemealing" annexation on the Mountain. Voluntary annexation is what is available. The City of Tigard has invited and encouraged annexation by providing incentives. If people choose to annex, then "we are welcoming them as part of the City... there is no involuntary process going on." Council President Sherwood said there are other people on the Mountain who are anxious to come into the Cary, but they cannot do so unless they are contiguous. As a few of these parcels come in, those that are contiguous are asked if they would also like to annex. Motion by Council President Sherwood, seconded by Councilor Woodruff, to adopt Ordinance No. 08-11. The motion was approved by a unanimous vote of Council present. ORDINANCE NO.08-11- AN ORDINANCE ANNEXING 7.58 ACRES OF LAND, INCLUDING THREE (3) PARCELS AND RIGHT OF WAY, APPROVING THE BRENTWOOD HOMES ANNEXATION (ZCA2008-00004) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 820:17 PM 5. RECEIVE BRIEFING ON GRAND OPENING OF THE WESTSIDE EXPRESS SERVICE (WES) COMMUTER RAIL Community Development Director Coffee introduced Lisa Olson, who recently was hired by the City to help coordinate the activities of the opening of the westside commuter rail line. Ms. Olson's professional background is in marketing, public relations, communications and promotions. TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 Qtyof Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 13 of M 8:20:2.3 PM Ms. Olson distributed a packet of promotional materials to the City Council. She reviewed a presentation about the opening events; a copy of the PowerPoint presentation is on file in the City Recorder's office. I-Iighlights included: • Commuter Rail Line is named "WES," which stands for Westside Express Service. • The final date for "WES Week" has not been set. The tentative date is the week of November 10. • Route was reviewed with stations in Wilsonville, Tualatin, Tigard, Iiall/Nimbus, and Beaverton. • Public safety is a high priority. • This a commuter rail, so times will be limited to the a.m and p.m commuter hours: 5:30 - 9:30 a.m. and 3:30 - 8:00 p.m.. The train runs every 30 minutes each way. • The train interiors were reviewed. • Capacity is 74 seated and 95 standing. • Free WiFi will be available on the train. • Each train will have two bike racks and two wheel chair areas. • The Tigard station will include park and ride spots for 100 vehicles. • Each station will have a public art feature designed by Frank Boyden and Brad Rude. The art exhibit will be creative and interactive and is scheduled to be installed in late August. An artist has been commissioned to paint a mural on the back of the TnMet building currently used as a construction office. The mural will celebrate what Tigard has to offer: natural green spaces, balloon festival, etc. This mural is scheduled to be completed in October. • Pre-Event and Event activities were reviewed. • A review of how businesses are being helped to be ready for WES. • A review of opportunities during WES Week and beyond. 8:49:;2 PM 6. COUNCIL LIAISON REPORTS Councilor Buehner presented an Urban and Rural Reserves Task Force. The Task Force met yesterday and was provided with the preliminary input from the public outreach program on the proposed urban reserve area, which has been referred to as the "donut." As of this date, there have been 22 meetings with 340 attendees at the Metro forums and more than 100 attendees at various outreach meetings. It is hoped that an equal amount of people will attend the remaining meetings. The outreach program formally ends at the end of this week, but there are a number of meetings that have been scheduled for the next two weeks. Councilor Buehner said she has a printout of all the comments made by citizens and business owners who have participated in the forums. She said she hoped the City Council members would have an opportunityto review this before the next City Council business meeting because the Task Force will be asked to vote on the boundaries at its meeting, September 8. Councilor Buchner said she will be asking for City Council input. There was a presentation from Jim Johnson from the Department of Agriculture on the rural reserves. A lot of the information was shared in previous presentations; however, it represented a "different twist" on how farmland is reviewed. The two main factors are capability (whether the soil meets appropriate standards) and suitability (even if a piece of land is available for farming, it might be suitable for a variety of reasons). TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - August 12, 2008 City of Tigard 13125 SW Hall Blvd, Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 14 of 16 Councilor Buehner said additional criteria has been added over the last two years including whether there are new trends in agriculture relating to global food production; i.e., sustainability, high cost of fuel. Metro is working on an area asset list identifying farmland properties more appropriate over others. Councilor Buehner suggested that if people are interested, theycan find information on the Metro website under the heading "Shape of the Region." 8:54V PM 7. NON AGENDA ITEMS 7.1 City Manager annual review. Mayor Dirksen advised that as part of the annual City Manager's review, the City Council considered a bonus as part of the City Manager's package for next year. A City Council motion is needed to approve the bonus officially. Motion by Councilor Sherwood to adopt the City Manager's bonus for fiscal year 08-09 for $12,000. Councilor Wilson seconded the motion. Councilor Woodruff clarified that the bonus would be in lieu of a salary increase. Mayor Dien noted the last year was one of challenge and City Manager Craig Prosser stepped up and did a great job. The City Council decided to recognize the CityManager's performance in a special one- time bonus. Councilor Sherwood added that GtyManager Prosser had a huge part in the fact that Tigard now has its fast permanent water source; the Council wanted to recognize this accomplishment as well. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 8:56:16 PM Mayor Dirksen announced that the City Council would be convening into an Executive Session under the following authority. 8. EXECUTIVE SESSION The Tigard CityCouncil will go into Executive Session under ORS 192.660(2) (e) to discuss real property transaction negotiations. Mayor Dirksen announced the City Council would be coming out of the Executive Session only for the purpose of adjourning the meeting. TIGARD CITY COUNCIL/ LCRB /CCDA AGENDA - August 12, 2008 rc C of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 15 of 16 9. ADJOURNMENT: 9:49 p.m Catherine Wheatley, City Recorder Attest: Mayor, ty of Tigard Date: IAADM\Cathy\CCM\2008\080812 final.doc TIGARD CITY COUNCIL/ LCRB/CCDA AGENDA - August 12, 2008 Cary of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 16 of 16 r CITIZEN PARTICIPATION ORGANIZATION 4B (CPO-4B) AN AUTHORIZED WASHINGTON COUNTY CPO BULL MOUNTAIN/TIGARD BOUNDARY AREA RESOLUTION NO. 08-01 A RESOLUTION URGING THE WASHINGTON COUNTY BOARD OF COMMISSIONERS AND THE WASHINGTON COUNTY DEPARTMENT OF LAND USE AND TRANSPORTATION TO AUTHORIZE REPAIR OF THE BRIDGE ON BARROWS ROAD AND TO KEEP BAROWS ROAD OPEN. WHEREAS, CPO-413, meeting at its scheduled time/date, has authority by a simple majority vote to adopt resolutions advising local governments of matters which affect persons and properties within the boundaries of CPO-413; and WHEREAS, OAR 660-015-0000(1) Oregon's Statewide Planning Goals & Guidelines (Goal 1-Citizen Involvement) encourages the involvement of citizen groups in the planning process; and WHEREAS, CPO-46 is a recognized Citizen Participation Organization of Washington County and includes residents in the Bull Mountain and Tigard areas; and WHEREAS, the members of CPO-413 care very deeply about the safety and livability of their neighborhoods; and WHEREAS, the closure of Barrows Road Would create a significant impact on the citizens of our communities and affect the traffic patterns of the surrounding neighborhoods; and WHEREAS, the Beaverton Transportation Plan specified the Davies Extension to Barrows Road, which now is unlikely to be built as it is over a wetland and would be very expensive to complete; and WHEREAS, the Washington County Transportation Plan specified a connection from Barrows Road to 135th Avenue, and this connection is now impossible, as development has been allowed in this area; and WHEREAS, a traffic light is needed at the intersection of Walnut and 135th Avenue; however the City of Tigard does not have this expenditure of $300,000 (or more) in their current budget plans; and WHEREAS, heavy truck traffic is accelerating the damage to the bridge, and additional signs and information are needed to advise heavy trucks to stop using the bridge; and 1 Y WHEREAS, signs need to be posted preventing ALL TRUCKS from using Barrows Bridge, and better sign placement is needed on roads leading to Barrows Road to allow trucks more notice; and WHEREAS, it would be advisable to designate a Truck Route with clearly marked signs; and NOW, THEREFORE BE IT RESOLVED BY CPO-46 THAT WE STRONGLY URGE THE WASHINGTON COUNTY BOARD OF COMMISSIONERS AND THE WASHINGTON COUNTY DEPARTMENT OF LAND USE AND TRANSPORTATION TO AUTHORIZE REPAIR OF THE BRIDGE ON BARROWS ROAD AND TO KEEP BARROWS ROAD OPEN. Section 1: This writing of and presentation of this resolution passed by a majority vote of CPO-413 Members on July 8, 2008 at the CPO-4B General Meeting. Section 2: This resolution is effective immediately upon passage. Passed: This 8th day of July 2008. ~T► Ue/2u4seW Y McVickee Julie Russell Yolanda McVicker CPO-46 Chairperson CPO-46 Vice-Chairperson 503-603-9152 CPO-46 Contact Information: CPO-46 16200 SW Pacific Hwy. Ste H-242 Tigard, OR 97224-3494 E-mail: CPO-4B@comcast.net 2 Agenda Item No. bt L' Meeting of A-M ;t 00 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Review and Discuss Gresham's Rental Housing Inspection Program Prepared By: Brian Blalock Dept Head Approval: C City Mgr Approval: ISSUE BEFORE THE COUNCIL Council's 2008 Goals - Task No. 19 - calls for an investigation into Gresham's new apartment ordinance. This is a review and discussion of that investigation and its applicability to Tigard. STAFF RECOMMENDATION Staff requests direction from Council for next steps. KEY FACTS AND INFORMATION SUMMARY ° Tigard's Municipal Code, Chapter 14.16 Property Maintenance Regulations, was adopted by ordinance in 1999. The regulations are enforced on a complaint-driven basis by the Building Division's Code Enforcement Officer. ° Gresham's Revised Code (Municipal Code) was amended in December, 2007 to address licensure and inspection of rental properties. The revised code required the creation of the Rental Housing Inspection Division, designed to protect the public safety, health, and welfare of the residents of Gresham. ° Gresham's goal is to provide inspections of all rental properties, regardless of complaints, on a three-year rotation. Inspection priority will be given to residents who have filed complaints against the property owner for unsafe or unsanitary conditions. ° Gresham collects an annual license fee from rental property owners based on the number of units available for rent ($30 - $50 per unit, depending on the total number of units). The annual fee is dedicated to the operation of the Rental Housing Inspection Division. The manager of the division estimates the need for seven additional staff to operate the new division, approximately $600,000 annually. OTHER ALTERNATIVES CONSIDERED Continue the current practice of complaint-driven enforcement of property maintenance regulations. CITY COUNCIL GOALS Council Task No. 19 - Investigate Gresham's apartment ordinance for applicability to Tigard. ATTACHMENT LIST Attachment 1: Memo to Mayor and City Council dated June 10, 2008 Attachment 2: Gresham Rental License Application - Rental License Fees FISCAL NOTES It is estimated that 4 additional staff would be needed if Council chooses to implement a new Rental Housing Inspection Division (an additional $400,000 annually). Council could implement an annual fee to fund the creation and operation of the new Division. Attachment 1 MEMORANDUM TIGARD TO: Mayor and City Council FROM: Brian Blalock, Building Official RE: Council Task Number 19, Investigate Gresham's Apartment Ordinance. DATE: June 10, 2008 The purpose of this memo is to present the findings of the investigation into Gresham's newly adopted ordinance regarding rental property maintenance. Background Gresham's Mayor and City Council approved ordinance 1649, amending chapters 7, 9 and 10 of the Gresham Revised Code as it relates to licensure of residential rental property and property inspections. The Council declared that, in order to protect the public safety, health, and welfare of the people of the City from hazards and injury, and in order to prevent blight, the licensing and inspection of certain residential rental property was necessary. Gresham's New Program Gresham created the Rental Housing Inspection as a new division of the Development Services Department. The division is to be managed by the Building Official. The goal is to inspect the City's licensed rental property inventory on an annual basis, with priority given to units where complaints from the renters have been filed with the City. The Rental Housing Inspection Division is to be funded by the existing rental license fee collected by the City. Gresham requires property owners of rental units to pay an annual fee based on the number of units available for rent. Gresham collects the rental fee in lieu of a business tax. Historically, the rental fee was applied to the general fund and was used for a variety of City projects. Under the new ordinance, the rental license fee will be dedicated to the staffing needs of the new Rental Housing Inspection Division. Gresham has adopted the International Property Maintenance Code as the regulatory code for the Rental Housing Inspection Division. Attachment 1 Status of Gresham's Program Gresham is in the process of hiring 4 Community Housing Inspectors to begin enforcement of the International Property Maintenance Code. With the rental license fee being dedicated to the staffing needs of the Rental Housing Inspection Division, a task force has been formed to investigate the effects of the loss of revenue to the general fund. Tigard's Program By comparison, Tigard enforces property maintenance regulations under the authority of Chapter 14.16 of the Tigard Municipal Code. Tigard has assigned one Code Enforcement Officer to the program. The enforcement is purely complaint-driven. The Code Enforcement Officer is managed by the Building Official and funded out of the Building Division's dedicated fund. Tigard collects a business license fee for rental properties based on the number of employees at any given rental property. If the property is professionally managed the fee is based on the number of employees at the property management company. The fees are mainly allocated to the general fund with a portion being used for the new crime unit. Attachment 2 City of Gresham 1333 NW Eastman Parkway Business Licensing Gresham, OR 97030-3813 (503) 618-2370 Rental License Application Every person who maintains or operates a residential rental unit within the city must first obtain a rental license. A residential unit is a dwelling containing one or more separate living quarters, one or more of which is rented, leased or let in exchange for full or partial monetary compensation. These shall include rental houses, cottages, mobile homes, duplexes, apartments, condominiums and rooms in a lodging house. (City Code 9.55.010-030). The Rental License fee is an annual nonrefundable fee. It is effective for a 12 month period, beginning on the first day of the month that it was applied for. A late fee of $5.00 (or 10% per annum - whichever is greater) will be charged to all accounts for each 30 days in which the license fees are not paid after the original bill is mailed. (City Code 9.55.030). The Rental License Fees Are As Follows: • 1-2 Residential Rental Units: $50 per unit per year • Next 3-12 RRU's: $45 per unit per year • Next 13-100 RRU's: $40 per unit per year • Next 101-200 RRU's: $35 per unit per year • Next 201+ RRU's: $30 per unit per year Rental Pro ert In ormation: Property Name or Owner's Name Address City State zip hone Owner Inform tion: Name Address City State Fip ailing Address i different): -Tate te Zip Phone Owner Signature or representative): Date: Office Use Oni : Total # of Units Payment Amount: License Number. Date: Clerk's Initials: Agenda Item ~U Meeting Date: August 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Urban Forestry Management Master Plan Prepared By: Todd Prager Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Receive information about the Urban Forestry Management Master Plan and provide input to staff. STAFF RECOMMENDATION N/A KEY FACTS AND INFORMATION SUMMARY On June 3, 2008, Council adopted the Urban Forest section of the Comprehensive Plan (CPA2008-00002). Staff proposes to prioritize the implementation of Policy 2.2.11 of the Comprehensive Plan which states, "The City shall develop and implement a citywide Urban Forestry Management Master Plan." The Forestry Master Plan addresses a wide array of important program and operational issues including: • Development of a mission or vision statement that clearly outlines the purpose of the Master Plan; • The history of Tigard's urban forest as well as existing conditions and management programs; • A summary of community values and attitudes towards Tigard's urban forest; • Design, planting, and maintenance goals and standards for the City; • Coordination of urban forest policies and procedures among different City departments; • Direction for future ordinance revisions; • Budgeting practices and policies; and • Urban Forest monitoring. The development of an Urban Forest Master Plan will allow for a more comprehensive approach to future City decisions concerning trees. As community participation will be crucial, staff is proposing that a citizen advisory committee representing a broad range of interests be assembled in the future to oversee the Plan's development. The finer details regarding the Plan's content will be determined after the advisory committee is assembled and has a chance to provide input. It is important to note that in tandem with development of the Forestry Master Plan, the Planning Division is proposing to update the City's tree regulations. The two work efforts will be coordinated. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST None. FISCAL NOTES The Forestry Master Plan will be prepared by staff. Funding up to $10,000 may be necessary for additional professional services such as commissioning a professional survey of community attitudes towards urban forest issues. 09 b 04 Canopy Cover (both 1996 and 2007) located within the June 2008 Tigard City Limits City Limits, June 2008 7556 acres 1996 2007 Percent of Percent of June 2008 June 2008 Acres City Limits Acres City Limits Canopy Cover 1952.75 25.84% 1852.69 24.52% 1996 2007 Percent of Percent of Percent of Percent of 1996 1996 2007 2007 Canopy Canopy Canopy Canopy Size of Canopy Cluster Acres Cover Clusters Cover Acres Cover Clusters Cover Less than 0.5 acres 366.55 18.77% 4356 90.94% 584.30 31.54% 7231 93.86% 0.5 to .99 acres 135.76 6.95% 197 4.11% 167.25 9.03% 242 3.14% 1.0 to 1.99 acres 159.25 8.16% 113 2.36% 177.88 9.60% 131 1.70% 2.0 to 4.99 acres 190.86 9.77% 61 1.27% 157.00 8.47% 52 0.67% 5.0 or more acres 1100.33 56.35% 63 1.32% 766.26 41.36% 48 0.62% Tota11 1952.75 I 100% 4790 100% 1852.69 I 100% 7704 100% Urban Renewal Zone 191 acres 1996 2007 Acres Percent Acres Percent Canopy Cover of Urban Renewal Zone 19.67 10.30% 18.41 9.64% Within June 2008 City Limits Jan 1, 2008 Buildable Lands Inventory (BLI) 528.75 acres BLI 1996 1423.32 acres Canopy Cover Year BLI Acres Acres Percent 1996 1423.32 646.52 45.42% 2007 528.75 226.26 42.79% 1996 BLI Canopy Cover Change 1996 Canopy Cover 2007 Canopy Cover within 1996 BLI within 1996 BLI Acres Acres Percent Acres Percent 1996 BLI 1423.32 646.52 45.42% 495.24 34.79% City Limits, June 2008 7556 acres May 13, 2008 Taxlots 2007 Canopy Cover Percent Ownership Taxlot Ownership Number Acres Acres Cover City of Tigard 235 388.41 179.18 46.13% Public Right-of-Way n/a 1,288.30 117.45 9.12% Other Public Entity 79 431.65 105.10 24.35% Private 15,880 5,447.64 1,450.96 26.63% Total 16,194 7,556.00 1,852.69 24.52% Significant Habitat Areas 2007 Canopy Coverage 1852.69 acres Acres in 2007 Canopy Coverage Percent of 2007 Citywide Habitat Class Tigard Acres Percent Canopy Cover Highest Value 590.51 267.84 45.36% 14.46% Moderate Value 374.88 193.28 51.56% 10.43% Lower Value 447.84 234.96 52.47% 12.68% Total 1413.23 696.08 49.25% 37.57% Sensitive Lands 2007 Canopy Coverage 1852.69 acres 1996 Canopy Coverage 1952.75 acres Acres in 2007 Canopy Coverage 1996 Canopy Coverage Percent Change 1996 Type Ti and Acres Percent Citywide Percent Acres Percent Citywide Percent to 2007 Local Wetland Inventory 290.91 116.01 39.88% 6.26% 145.98 50.18% 7.48% -10.30% CWS Vegetated Corridor 704.78 302.85 42.97% 16.35% 348.16 49.40% 17.83% -6.43% FEMA 100-yr Floodplain 592.6 188.05 31.73% 10.15% 213.17 35.97% 10.92% -4.24% Slopes > 25% 195.51 129.64 66.31% 7.00% 130.28 66.64% 6.67% -0.33% Total 1783.8 736.55 41.29% 39.76% 837.59 46.96% 42.89% -5.66% Subdivisions Approved in 1996/97 Canopy Coverage 1996 2007 Number Total Acres Acres Percent Acres Percent Change 1996-2007 18 72.76 18.32 25.18% 12.49 17.17% 31.82% City Limits, June 2008 7556 1996 Canopy Cover 2007 Canopy Cover Percent Change 1996 Zoning 2008 Acres Acres Percent Acres Percent to 2007 Commercial 800 88.13 11.02% 80.52 10.07% -0.95% Industrial 863 139.81 16.20% 137.58 15.94% -0.26% Mixed Use 701 150.3 21.44% 99.79 14.24% -7.21% Residential 5192 1574.42 30.32% 1534.72 29.56% -0.76% Total 7556 1952.66 25.84% 1852.61 24.52% -1.32% n. tee`: 5 hr C CGt~''~ AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: AUGUST 12, 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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED ~Al Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: ota~~- Address ggZS 5. 0, ®11/fOt City T1"'-'4 R b State 0001_ Zip C1 7 Z 2 Phone No. 5-03 - 632- 3 6 z3 Name: ]~CP/t'1P 1~~ 21~n. Also, please spell your name as it sounds, if it will help ~V yr l wc~~l the presiding officer pronounce: Addressw -e-S W AV Yx City C(e) State zip ~'la~ Phone No. -ZS- Q09 -7 Name: 00y Also, please spell your name as it sounds, if it will help Q the presiding officer pronounce: Address 135109-6 W qAA.&9A4-4 VA . City State zip Q Phone No. ~5b 3 - - ( .203 CITIZEN COMMUNICATION AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: AUGUST 12, 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 fast try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: ` e- Po Also, please spell your name as it sounds, if it will help the presiding officer pronounce: j~ Address !tf J- 6n S W 1416/-~ To P- O CT City T G 0 State © IL Zip Q i -a- q Phone No. 5o 3 57 9 r? / a 6 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 .®1 MEMORANDUM TO: Honorable Mayor & City Council Agenda Item No. For Agenda of August 12, 2008 FROM: Cathy WheaWGty co rder RE: Three-Month Council Meeting Calendar DATE: August 5, 2008 Regularly scheduled Council meetings are marked with an asterisk August 5 Tuesday Special Council Meeting - Comprehensive Plan Workshop - 6:30 p.m., Town Hall 12* Tuesday Council Business Meeting - 6:30 pm, Town Hall 19* Tuesday Meeting Cancelled 26" Tuesday Council Business Meeting - 6:30 pm, Town Hall (Meeting might be cancelled.) September 9) Tuesday Council Business Meeting - 6:30 pm, Town Hall 16* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 23Y Tuesday Council Business Meeting - 6:30 pm, Town Hall 30 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium October 14* Tuesday Council Business Meeting - 6:30 pm, Town Hall 21" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 28Y Tuesday Council Business Meeting - 6:30 pm, Town Hall L\adtn\Qty Council\3-month calendar for 080812 cctntg Tigard City Council Tentative Agenda 2008 ; Agenda Item No. -,3 0 a - b Meeting of Meeting Date: August 5, 2008 Meeting Date: August 12, 2008 Meeting Date: August 19, 2008 Meeting Type/Time: Special Mtng./6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: July 22, 2008 Materials Due @ 5: July 29, 2008 Materials Due @ 5: August 5, 2008 Liz Newton - Absent Special Meeting Study Session - Time Sched. 45 min. - 0 Avail. Workshop Meeting Consider a Water Partnership IGA between COT and Exec. Session - Conduct Annual City Manager Lake Oswego - Dennis K. - 15 min. Performance Evaluation - Sandy Z. - 20 min. Comp Plan Workshop - Goal 5: Natural Review and Discuss Gresham's Rental Housing Meeting Cancelled. Resources - Darren W. - 60 min. Inspection Program - Brian B. - 10 min. August 1st Adopt Citywide Class/Comp Study - Sandy - 10 min Urban Forestry Mgmt. Master Plan-Todd P. - 15 min. Exec Session: City Manager Review Disc.- 20 min. Consent Agenda Establish Neigh.Trails Plan Committee - Duane-RES Adopt Council Groundrules - Craig P. LCRB-Award 97th Ave. SS Exten. Cons. Contract-Vannie LCRB-Amend Permit Tracking System Wireless Module - Brian B. LCRB-Approve Cont. Amend. Wi/Sun-Gard - Joe B. - Rec. & File -Urban Renewal Financial Report -Phil N. Grant App. Juv. Justice/Delinq.Prevention-Tom I./Chief D. Budget Amd. 3 - Interim Finance Plan - Loreen -RES Budget Amd. 1 -Mitigation Tree Planting - Joe B.-RES Budget Amend. 2 - Clute Property - Dennis K. -RES Historic Ppty Spec. Assess. RES - Duane Amend CAC Process - Darren W. - RES Amend Sec. 5 of Res. 08-31, Adopting 08-09 Budget & Imposing Taxes - Tom I. - RES Rec. & File -Urban Renewal Financial Report -Phil N. Business Meeting QJPH - Consider Brentwood Homes Annexation (ZCA 2008-00004) - Gary P. - 30 min. ORD Briefing on Grand Opening of the Westside Express Service (WES) Commuter Rail - Tom C. -10 min. Time Avail: 135 min. - Time Scheduled: 105 min. Time Avail: 135 min. - Time Scheduled: 40 min. Time Left: 30 min. Time Left: 95 min. Page 1 of 4 8/4/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: August 26, 2008 Meeting Date: September 2, 2008 Meeting Date: September 9, 2008 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: August 12, 2008 Materials Due @ 5: August 19, 2008 Materials Due @ 5: August 26, 2008 Craig Prosser Absent Craig Prosser Absent Craig Prosser Absent Study Session - Time Sched. 0 min. - 45 Avail. Special Meeting Study Session - Time Sched. 30 min. - 15 Avail. Volunteer Program Discussion - Liz N. - Need RTS - 30 min. Consent Agenda IGA w/ODOT for Signalized Crosswalk on Hall This meeting cancelled. Items moved Blvd. - Vannie N. to September 9, 2008 meeting Consent Agenda IGA w/CWS for Water Qual. Fac. Cons.-Kim Mc. RES LCRB-Award Seismic Evaluation & Pump Station Upgrade Eng. Svcs. Contract for 10MG Reservoir Dennis K. LCRB-Award Street Sweeping Contract -Dennis K. Name Library Park Shelter - Dennis K. - RES Business Meeting Business Meeting Chamber of Commerce Rep. - 10 min. THS Student Envoy - 10 min. PH - Comp Plan Update - Goal 5: Natural Proc. - National Drug & Alcohol Recovery Month Resources - Darren W. - 60 min. - Joanne - 5 min. QJPH - Jivanjee Comprehensive Plan & Zone Map Qtrly Report - Capt. Dawson - TVF&R - 10 min. Amendment - Gary P. - 15 min. Annual Police Dept. Update - Bill D. - 30 min.- SI Workshop - Comp. Plan - Urbanization - Darren W. 60 min. - ORD Time Avail: 135 min. - Time Scheduled: 85 min. Time Avail: 135 min. -Time Scheduled: 115 min. Time Left: 50 min. Time Left: 20 min. Page 2 of 4 8/4/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: September 16, 2008 Meeting Date: September 23, 2008 Meeting Date: September 30, 2008 Meeting TypelTime: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: 5th Tuesday/7-9 p.m. Location: City Hall Location: City Hall Location: Water Building Aud. Greeter: Greeter: Greeter: Materials Due @ 5: September 2, 2008 Materials Due @ 5: September 9, 2008 Craig Prosser Absent Workshop Agenda Study Session - Time Sched. 0 min. - 45 Avail. Fifth Tuesday Meeting Joint Meeting with Park and Rec. Advisory Board - PW - SI - 30 min. Re-evaluation of the Street Maintenance Fee Rate - Gus - 30 min.- PPT Consent Agenda Business Meeting Chamber of Commerce Rep. - 10 min. Time Avail: 200 min. - Time Scheduled: 60 min. Time Avail: 135 min. -Time Scheduled: 10 min. Time Left: 140 min. Time Left: 125 min. Page 3 of 4 8/4/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: October 7, 2008 Meeting Date: October 14, 2008 Meeting Date: October 21, 2008 Meeting Type/Time: Special Mtng./6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: September 23, 2008 Materials Due @ 5: September 30, 2008 Materials Due @ 5: October 7, 2008 Special Meeting Study Session - Time Sched. 0 min. - 45 Avail. Workshop Agenda Council Team Building Touch-up Session - Cathy Joint Meeting with Senior Center Board - Loreen - 30 min. - SI Joint Meeting with the Budget Committee - Craig - 30 min. - SI Enhanced Citizen Participation Update - Liz N. - Meeting Cancelled. Items moved to 10/14. Consent Agenda 20 min.- SI Joint Meeting with Planning Commission - CD - 30 min. - SI Note: These items need to be reviewed for scheduling. Budget Committee and Planning Business Meeting Commission should not be on the same agenda. THS Student Envoy - 10 min. Also, no more than 2 Board or Committee joint Public Hearing - Comp Plan Amendment - Goal 14 meetings to be scheduled on one agenda. Urbanization - Darren W. - 60 min. Comp Plan Workshop - Introduction and Definitions - Darren W. - 60 min Time Avail: 135 min. - Time Scheduled: 120 min. Time Avail: 135 min. - Time Scheduled: 130 min. Time Avail: 200 min. - Time Scheduled: 110 min. Time Left: 15 min. Time Left: 5 min. Time Left: 90 min. Page 4 of 4 8/4/2008 1 Agenda Item # 3 .3 Meeting Date August 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title City Center Urban Renewal District - F' an i act Report r~ Prepared By: Phil Nachbar Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL AND CITY CENTER DEVELOPMENT AGENCY Review and accept the financial impact report for the Downtown Urban Renewal District per ORS 457.460. STAFF RECOMMENDATION That Council and the City Center Development Agency (CCDA) accept the financial report as provided. KEY FACTS AND INFORMATION SUMMARY An annual financial report of the urban renewal district for the fiscal year ended June 30 is required under ORS 457.460. The attached Financial Impact Report meets the requirements under the Statute. In general, the report is to provide the amount of funds received and to be received; funds spent; a budget identifying the purposes for which funds have been, or will be, used; and the financial impact on taxes to all affected taxing districts. Since last fiscal year FY 2007-08 was the first year the district received tax increment funds, it is now necessary to report the impact on taxing districts. State law requires that this report be reviewed and accepted by both the City Council and the CCDA. A summary of the report (see Attachment 2) will be advertised in the Tigard Times for two consecutive weeks before September 1 as required. The report has been updated to be understandable by the public, professional in appearance and provide the required information. 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 Attach 1: CCDA Financial Impact Report - 2008 Attach 2: CCDA Notice of Financial Report Availability FISCAL NOTES None. I:\I:RPLN\Phil\Council Meetings 2008\8-12-08 AIS Financial Impact Report - City Center Urban Renewal Dist. Rev 1.doc ATTACHMENT 1 CCDA Tigard City Center Development Agency r Financial Impact Report of the City's Urban Renewal Plan for the fiscal impact year ended June 30, 2008 CCDA Tigard City Center Development Agency Financial Impact Report of the City's Urban Renewal Plan For the fiscal impact year ended June 30, 2008 Introduction URBAN RENL\V.AL AGENCIES must prepare an annual financial report for the governing body and public in accordance with Oregon Revised Statutes 457.460. The report includes a financial summary of the preceding year and the budget for the new fiscal year. It also includes an analysis of the financial impact of carrying out the urban plan on the tax collections for all taxing districts. Urban Renewal - An Overview The purpose of urban renewal is to improve specific areas of a community that are poorly developed, under-utilized, or that have declined over tune. These areas can have old, deteriorated buildings; streets and utilities in serious need of upgrades (or the areas can simply lack streets and utilities altogether); weak business activity; and few or aging parks and public facilities. Urban renewal is a process authorized by Oregon law (ORS 457) to finance improvements in these areas using "tax increment financing." A portion (the increment) of property tax revenues from properties within the urban renewal district are designated to support financing for improvements to the urban renewal area. While urban renewal provides for unique funding of improvements to a district, it is not intended that tax increment financing be the only source of funding. Other sources, including ones typically used for capital improvements such as the gas tax, Traffic Impact Fee (TIF), System Development Charges (SDC), inter-agency funding, or state grants are programmed to support downtown projects. For a city, government to utilize urban renewal as a funding mechanism, it must establish an urban renewal agency, and it must adopt an urban renewal plan. The Tigard City Council approved the City Center Urban Renewal Plan for Downtown in December of 2005. In May 2006, a special ballot measure was passed by the voters, authorizing the use of tax increment financing (urban renewal) in downtown. Urban Renewal Finance - A Summary Urban renewal is a process authorized by Oregon law to finance improvements in those neighborhoods and districts that need special attention and revitalization. Once a district is established, the tax valuation for the district is "frozen." As properties appreciate in value, the increase in taxes (the "increment") generated above the frozen base are used to pay for debt on specific projects within the urban renewal plan. These tax increments are used to repay municipal bonds. Bond proceeds are used to finance improvements that will revitalize the district. New taxes are not imposed to fund urban renewal. Bonds and tax increment financing will be used to fund projects in the urban renewal plan. Under this system, the increment portion of property taxes generated within the urban renewal area is temporarily shifted to repay the bonds used to finance projects in the Cl", Center. 3 Tigard City Center Urban Renewal District a y 7 m R. t y ~ t + x Y 4Y Yy ~7? i+ f City Center Urban Renewal District ;i - - =-s Tigard, OR 4 Tigard City Center Development Agency Financial Impact Report of the City's Urban Renewal Plan `DA C ul For the fiscal impact year ended June 30, 2008 Under tax increment financing, when the value of a property within the urban renewal district increases, the proceeds from property taxes on the increased value. (the "tax increment") go to the urban renewal district. These proceeds fund further urban renewal projects, either directly or by providing for the repayment of municipal bonds that fiend improvements. The tax increment is unique as a source of funding, because it is usable only for projects identified in the urban renewal plan. How Does Urban Renewal Affect Taxes? With urban renewal and the use of tax increment financing, there is no net change on Tigard property tax bills. New property taxes are not created as a result of urban renewal. Under today's Oregon law, property tax rates are fixed. Tigard's City Center Urban Renewal Plan also does not authorize any "local option" tax levies or special assessments. Tax revenues are generated from the increase in property values multiplied by current tax rates. These revenues pay for urban renewal under Oregon law. History of Tax Increment Financing In less than two decades, two Ballot Measures - Measure. 5 (1990), and Measure 50 (1997), have made significant changes to Oregon's system of property taxation. Those changes have influenced urban renewal programs and tax increment revenue calculations. The provisions of these changes to the property tax system, Ballot Measures 5 & 50, are incorporated into Oregon's Constitution and into Oregon Urban Renewal Statutes. Those provisions provide the basic framework for revenue calculations in this report. Tax Increment Calculations To determine the amount of the taxes levied, the total assessed value within each urban renewal area is segregated by the County Assessor into two parts: (a) the total taxable assessed value in the district at the time the Urban Renewal Plan was adopted (the base or "frozen" value); and (b) the difference between the frozen base value and the current total assessed value (the incremental value or. "excess"). Revenues derived fi-onz the application of the tax rate for each affected taxing district to the amount of the incremental value may be collected by the urban renewal agency and deposited in its debt service fund. This revenue is used to repay indebtedness incurred in carrying out the projects. Tigard City Center Urban Renewal Plan - Purpose The stated purpose of the City Center Urban Renewal Plan is to provide improvements in the downtowyn area so that it wyill be economically healthy while maintaining its "uniquely Tigard" character.. The establishment of the Urban Renewal district provides a funding mechanism for projects in downtown Tigard. For more information, you may reviews the City Center Urban 5 C DA Tigard City Center Development Agency Financial Impact Report of the City's Urban Renewal Plan For the fiscal impact year ended.lone 30, 2005 Renewal Plan and the Report Accompanying the City Center. Urban Renewal Plan on line at: www.tigard-ongov/downtown/urban-m-11 ewal., or request a copy from the City of Tigard. How was the Urban Renewal Plan developed? In late 2005, the same citizen-business-City partnership that worked on the Tigard Downtown Improvement Plan collaborated to find financing for the "catalyst" projects identified in the Downtown Improvement Plan. Urban renewal and tax increment financing was identified as a potential source of financing and an urban renewal plan was prepared. The voter-approved Tigard City Center Urban Renewal Plan provides the special financing for the public improvement projects identified in the Tigard Downtown Improvement Plan. What are Tigard's Specific Plans for Urban Renewal? Under Oregon law, urban renewal can provide special funding for a wide variety of projects and programs. Tigard's approved City Center Urban Renewal Plan authorizes funding for up to 35 different projects in the City Center over twenty years. Most of the proposed projects in Tigard's plan are for public improvements and facilities, although some assistance for private businesses arld property owners is provided. The intent of the projects such. as new streets, parks and plazas, is to stimulate new investment in Downtown and create a vibrant, new, 'Town Center with public spaces that the comtnutvty can use. As property values rise in the downtown urban renewal district, the increase in tax revenues generated supports the payment of bonds used to improve the area. Over time, it is expected that the value of property- and taxes generated will be higher through the use of urban renewal than if left alone. The Tigard Cite Council, working closely with dozens of citizens (and after numerous hearings and meetings) included the following categories of projects in the urban renewal plan: Street Improvements, Streetscape Improvements, Bicycle and Pedestrian Facilities, Parks, Public Spaces, Public Facilities, and Planning and Development Assistance (for privately owned properties). Effect of Urban Renewal on Taxing Districts Carrying out an urban renewal plan has an effect on the County Assessors calculation for each taxing district that shares values with Tigard's urban renewal agency. Some property taxes that may have been received by the taxing bodies that leery property taxes %vithin Tigard's urban renewal area are being paid to Tigard's urban renewal agency. Passage of Ballot Measure 50 (Article XI, Section 11 of the Oregon Constitution) resulted in converting most property taxes from a levy-based system to a rate-based system. Page 8 of this report shows the financial impact by taxing district for Tigard's urban renewal agency. 6 Tigard City Center Development Agency Finaticial Impact Report of the City's Urban Renewal Plan -%CDA For the fiscal impact year ended June 30, 2008 Financial Reports The financial reports on pages 7 and 8, below, account for the activities of Tigard',,, urban renewal agency. In accordance with ORS 457.460 (1), these reports were prepared by the Finance Department of the City of Tigard using the same basis of accounting it uses to prepare its financial statements - modified accrual basis of accounting. These reports are due annually by August 1, so the information and figures contained in them have not been audited and are subject to correction and adjustment once the audit is completed. At the end of each fiscal year, June 30, this financial impact report is prepared which shows the urban renewal tax impact by taxing district. Copies are available by August 1 at the Tigard Permit Center, 13125 SW Hall Blvd., Tigard, 97223. Statement of Resources and Requirements As summarized below, Tigard Urban Renewal District's 2007-08 total requirements were zero as no expenditures had been charged to the District as of June 30, 2008. For fiscal year 2008-09, total budgeted resources were balanced with requirements of $464,750. The District uses the fiends it receives from the division-of-taxes method of calculating property taxes to finance various urban renewal projects and activities. These property taxes totaled $38,469 (unaudited) in 1"Y" 2007-08 and are expected to increase to $41,000 in FY 2008-09. Debt Service Fund Capital Projects Fund Total Actual Budget Actual Budget Actual Budget 2007-08 2008-09 2007-08 2008-09 2007-08 2008-09 Resources: Beginning Fund Balance - 40,750 - - - 40,750 Tax Increment Property Taxes 38,469 41,000 - - 38,469 41,000 Interest Income 1,075 3,000 - - 1,075 3,000 Other Financing Sources - - - 380,000 - 380,000 Total Resources 39,544 84,750 - 380,000 39,544 464,750 Requirements: Debt Service - 80,000 - - - 80,000 Capital Outlay - - - 379,269 - 379,269 Ending Fund Balance - 4,750 - 731 - 5,481 Total Requirements - 84,750 - 380,000 - 464,750 Note: Figures are unaudited as of August 1st and are subject to adjustment once the audit is completed. 7 Tigard City Center Development Agency u'CDA I Financial Impact Report of the City's Urban Renewal Plan For the fiscal impact year ended June 30, 2008 Detail of Purpose Capital Projects Fund Actual Budget 2007-08 2008-09 Detail of Purpose: Capital Outlay: Burnham Street Reconstruction - 350,000 Main St./Green St. Retrofit 29,269 379,269 Note: Figures are unaudited as of August 1st and are subject to adjustment once the audit is completed. Financial Impact of Urban Renewal Plan on Tax Collections Base year FY 2008-09 FY 2005-06 Change in Taxes levied Percent of Total Permanent Incremental Incremental Incremental Impact on total Taxes Divided Assessed Tax Assessed Assessed Assessed on Assessed for Taxing District Value Rate Value Value Value Taxes Value Urban Renewal Education PCC 4,572,357,820 0.2828 72,433,669 69,207,378 3,226,291 912.40 1,293,063 1.58% NW Regional ESD 4,572,357,820 0.1538 72,433,669 69,207,378 3,226,291 496.20 703,229 1.58% Tigard/Tualatin School District' 3,865,667,215 4.9892 72,433,669 69,207,378 3,226,291 16,096.61 19,286,587 1.87% Local Government Washington County 4,572,357,820 2.2484 72,433,669 69,207,378 3,226,291 7,253.99 10,280,489 1.58% Metro 4,572,357,820 0.0966 72,433,669 69,207,378 3,226,291 311.66 441,690 1.58% Port of Portland 4,572,357,820 0.0701 72,433,669 69,207,378 3,226,291 226.16 320,522 1.58% TV Fire & Rescue 4,572,238,820 1.5252 72,433,669 69,207,378 3,226,291 4,920.74 6,973,579 1.58% City of Tigard 4,572,357,820 2.5131 72,433,669 69,207,378 3,226,291 8,107.99 11,490,792 1.58% Excluded from M-5 rate limitation Washington County bonds 4,572,357,820 0.1947 72,433,669 69,207,378 3,226,291 628.16 890,238 1.58% Metro bonds 4,572,357,820 0.1717 72,433,669 69,207,378 3,226,291 553.95 785,074 1.58% PCC bonds 4,572,357,820 0.2223 72,433,669 69,207,378 3,226,291 717.20 1,016,435 1.58% Tri-Met bonds 4,572,357,820 0.0856 72,433,669 69,207,378 3,226,291 276.17 391,394 1.58% Note: The division-of-taxes process results in some property taxes that may have been received by the "taxing districts' that levy property taxes within the urban renewal area (for example, Washington County, NW Regional ESD) being paid over to Tigard's urban renewal agency. The taxing districts forgo a share of the property tax income during the fife of an urban renewal plan so that the urban renewal agencies can carry out activities that increase property values in the long term. The above table shows the urban renewal tax impact by taxing district using permanent rates established pursuant to Measure 50. 'Indicated tax revenue loss to the Tigard/Tualatin School District is compensated by the State of Oregon through a State funding formula which results in no net loss to school districts with urban renewal programs. Attachment: Notice of Report Atra6bihty_ - published twice in the Tigard Tunes. 8 ATTACHMENT 2 NOTICE OF AVAILABILITY OF FINANCIAL IMPACT REPORT OF Tigard City Center Development Agency (CCDA) The URRW RENEIWAL AGENCY of the City of 'Tigard For the fiscal impact year ended June 30, 2008 This notice is a summary of the information available in the Financial Impact Report of the Tigard City Center Development Agency (CCDA), prepared pursuant to ORS 457.460. Copies of the full. report are available at the Tigard Permit Center, 13125 SW Hall Blvd.., Tigard, OR 97223. The report is also on the City's website: wtivw.tigard-ongov Part I As summarized below, Tigard Urban Renewal District's 2007-08 total requirements were zero as no expenditures had been charged to the District as of June 30, 2008. For fiscal year 2008-09, total budgeted resources were balanced with requirements of $464,750. The District uses the funds it receives from the division-of-taxes method of calculating propertN taxes to finance various urban renewal projects and activities. These property taxes totaled $38,469 (unaudited) In lid' 2007-08 and are. expected to increase to $41,000 in FY 2008-09. Statement of Resources and Requirements Debt Service Fund Capital Projects Fund Total Actual Budget Actual Budget Actual Budget 2007-08 2008-09 2007-08 2008-09 2007-08 2008-09 Resources: Beginning Fund Balance - 40,750 - - - 40,750 Tax Increment Property Taxes 38,469 41,000 - - 38,469 41,000 Interest Income 1,075 3,000 - - 1,075 3,000 Other Financing Sources - - - 380,000 - 380,000 Total Resources 39,544 84,750 - 380,000 39,544 464,750 Requirements: Debt Service - 80,000 - - 80,000 Capital Outlay - - - 379,269 - 379,269 Ending Fund Balance - 4,750 - 731 - 5,481 Total Requirements - 84,750 380,000 - 464,750 Note: Figures are unaudited as of August 1st and are subject to adjustment once the audit is completed. NOTICE OF AVAILABILITY OF FINANCIAL IMPACT REPORT OF 'Tigard City Center Development Agency (CCDA) Me URBAN RENEWAL AGENCY of the City of t'igard For the fiscal impact year ended June 30, 2008 Part II The financial impact of the City's Urban Renewal Plan on property tax collections by Taxing District is summarized below. The division-of-taxes process results in some property taxes that may have been received by the "taxing districts" that levy property taxes within the urban renewal area (for example, Washington County or. Tigard-Tualatin School District) being paid over to Tigard's urban renewal agency. The taxing districts forgo a share of the property tax income during the life of an urban renewal plan so that the urban renewal agencies can carry out activities that increase property values in the long term. The table below shows the urban renewal tax impact by taxing district as measured from FY 2005-06, when permanent tax rates were established pursuant to Measure 50. Financial Impact of Urban Renewal Plan on Tax Collections Base year FY 2008-09 FY 2005-06 Change in Taxes levied Percent of Total Permanent Incremental Incremental Incremental Impact on total Taxes Divided Assessed Tax Assessed Assessed Assessed on Assessed for Taxing District Value Rate Value Value Value Taxes Value urban Renewal Education PCC 4,572,357,820 0.2828 72,433,669 69,207,378 3,226,291 912.40 1,293,063 1.58% NW Regional ESD 4,572,357,820 0.1538 72,433,669 69,207,378 3,226,291 496.20 703,229 1.58% Tigard/Tualatin School District' 3,865,667,215 4.9892 72,433,669 69,207,378 3,226,291 16,096.61 19,286,587 1.87% Local Government Washington County 4,572,357,820 2.2484 72,433,669 69,207,378 3,226,291 7,253.99 10,280,489 1.58% Metro 4,572,357,820 0.0966 72,433,669 69,207,378 3,226,291 311.66 441,690 1.58% Port of Portland 4,572,357,820 0.0701 72,433,669 69,207,378 3,226,291 226.16 320,522 1.58% TV Fire & Rescue 4,572,238,820 1.5252 72,433,669 69,207,378 3,226,291 4,920.74 6,973,579 1.58% City of Tigard 4,572,357,820 2.5131 72,433,669 69,207,378 3,226,291 8,107.99 11,490,792 1.58% Excluded from M-5 rate limitation Washington County bonds 4,572,357,820 0.1947 72,433,669 69,207,378 3,226,291 628.16 890,238 1.58% Metro bonds 4,572,357,820 0.1717 72,433,669 69,207,378 3,226,291 553.95 785,074 1.58% PCC bonds 4,572,357,820 0.2223 72,433,669 69,207,378 3,226,291 717.20 1,016,435 1.58% Tri-Met bonds 4,572,357,820 0.0856 72,433,669 69,207,378 3,226,291 276.17 391,394 1.58% Note: The division-of-taxes process results in some property taxes that may have been received by the "taxing districts" that levy property taxes within the urban renewal area (for example, Washington County, NW Regional ESD) being paid over to Tigard's urban renewal agency. The taxing districts forgo a share of the property tax income during the life of an urban renewal plan so that the urban renewal agencies can carry out activities that increase property values in the long term. The above table shows the urban renewal tax impact by taxing district using permanent rates established pursuant to Measure 50. 'Indicated tax revenue loss to the Tigard(Tualatin School District is compensated by the State of Oregon through a State funding formula which results in no net loss to school districts with urban renewal programs. Agenda Item # Meeting Date August 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Resolution Approving Budget Amendment #1 to the FY 2008-09 Budget Increasing Appropriations by $75,000 in the Community Development Program to Reflect the Costs Associated with Tree Planting Projects. Prepared By: Joe Barrett Dept Head Approv City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council pass a resolution approving Budget Amendment #1 increasing appropriations in the Community Development budget to fund tree planting projects? STAFF RECOMMENDATION Approve Budget Amendment #1 by passing the resolution. KEY FACTS AND INFORMATION SUMMARY During Fiscal Year 2008-09, the City needs to accomplish various tree planting and tree establishment projects on publicly owned land and public rights-of-way adjacent to private property. The City intended to use tree mitigation fees from development projects to pay for these projects. The goals for these projects are to: Replace trees and tree canopy lost during urban development and natural attrition, ➢ Improve the aesthetic character of the City as a whole, and ➢ Maximize the environmental and economic benefits provided by trees in urban areas. Due to technical issues, these funds were not appropriated in the FY 2008-09 Tree Replacement Fund. To remedy this, the City needs to move $75,000 from General Fund Contingency to the Community Development Program budget in order to fund the projects. The monies will be transferred back to the General Fund from Tree Replacement Fund in the FY 2009-2010 budget. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS None. ATTACHMENT LIST Resolution including Attachment A. FISCAL NOTES This resolution transfers $75,000 from the General Fund Contingency to the Community Development Program budget. Agenda Item # Meeting Date August 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Resolution Approving Budget Amendment #2 to the FY 2008-09 Budget to Transfer $109,841 i from General Fund Contingency to General Fund Interfund Transfers for the First Year Payment for the Clute Property Purchase Loan Repayment to the Water CIP Fund. Prepared By: Joe Barrett Dept Head Approv 10 r624i ~A ity Mgr Approval. ISSUE BEFORE THE COUNCIL Shall the City Council pass a resolution approving Budget Amendment #2 transferring funds from the General Fund Contingency through interfund transfer to the Water CIP Fund to reflect the costs associated with the first year payment on the Clute Property Purchase Loan Repayment? STAFF RECOMMENDATION Approve Budget Amendment #2 by passing the resolution. KEY FACTS AND INFORMATION SUMMARY In June 2007, City Council approved Resolution 07-32 authorizing the transfer of 1.36 acres from a water asset to a park asset. The parcel was valued at $670,000 at the time. The City Council directed that the General Fund and the Parks SDC Fund repay the Water CIP Fund for this asset over a five year period. This transfer is necessary to convert the property from a water asset to a park asset. Due to a misunderstanding of the payment schedule, the first payment was not made in FY 2007-08, nor was it budgeted in the FY 2008-09 adopted budget. Given this, the payment has been condensed to a four-year period. The General Fund will make the first payment in FY 2008-09 given this budget amendment. The Parks SDC Fund will make its first payment in FY 2009-10. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS None. ATTACHMENT LIST Resolution including Attachment A. FISCAL NOTES This resolution transfers $109,841 from the General Fund Contingency to the General Fund Interfund Transfer to the Water CIP Fund. I Agenda Item # Meeting Date August _12.2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Resolution Approving Budget Amendment #3 to the FY 2008-09 Budget Implementing the Interim Financial and Information Services Department Plan. Prepared By: Joe Barrett Dept Head Approv 00 ity Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council pass a resolution approving Budget Amendment #3 increasing appropriations in the City Administration Program budget to implement the interim Financial and Information Services Department plan? STAFF RECOMMENDATION Approve Budget Amendment #3 by passing the attached resolution KEY FACTS AND INFORMATION SUMMARY The City's Financial and Information Service Department has experienced a sizeable turnover in staff in the past several weeks. For this reason, the Department has need of significant financial, accounting, software implementation support and other services in the coming months. The City needs to contract for assistance to provide governmental accounting, financial operations and year-end audit support while recruitment occurs for the Financial and Information Services Director, Financial Operations Manager, and Accounting Supervisor positions. Besides the ongoing daily support needs in the department, the largest need in terms of additional expenditure authority is for additional software support services for the citywide financial software implementation which is underway. IFAS Software was purchased in late 2007 and includes the financial, human resources, and risk management systems. The City's previous Finance Director was extremely skilled in this software package and was doing much of the implementation programming. Since the Director position is currently vacant, the need for an on-site, half-time project manager from the software provider is necessary. This department is also responsible for franchise administration. The City is in the middle of negotiations on a new utility franchise application and legal assistance is required to complete this work. The amount of this amendment is $265,426. The total amount needed was adjusted by the anticipated salary savings from staff turnover. The funding for this request will come from General Fund Contingency to the City Administration Program budget to fund the interim finance needs the City is experiencing. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS City Council adopted Tigard's Strategic Technology Plan which identifies the IFAS software implementation as a high priority. ATTACHMENT LIST Resolution including Attachment A. FISCAL NOTES This resolution transfers $265,426 from the General Fund Contingency to the City Administration Program budget. Agenda Item # Meeting Date Au' gust 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A Resolution Amending Section 5 of Resolution 08-31, Adopting the Budget and Imposing Taxes as Provided for in the FY 2008-09 Budget n o Q Prepared By: Tom Imdieke ^ \Iry Dept Head Approval: it, Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a resolution correcting the amount of taxes that need to be levied for payment of the principal and interest on the library general obligation bond? STAFF RECOMMENDATION Approve the resolution KEY FACTS AND INFORMATION SUMMARY The City Council approved resolution 08-31 on June 10, 2008 adopting the budget for FY 2008-09 and levying taxes for general operations and bonds. However, the amount of taxes that need to be collected to pay the principal and interest payment on the library general obligation bond was misstated. The amount that needs to be levied is $830,563 rather than $974,913 as stated in the resolution. A resolution correcting the amount needs to be approved by the City Council so that it can be forwarded to Washington County Assessment and Taxation so that taxes can be correctly assessed. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Resolution amending Section 5 of Resolution 08-31. FISCAL NOTES This will accurately reflect the amount of taxes that need to be levied for the general obligation bond. Agenda Item # 3, 9'e?_ Meeting Date August 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Amendment to Accela Automation Contract to Add Wireless Server Module Prepared By: Brian Blalock Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall Council approve an amendment to the existing contract with Accela Automation to add a wireless server module to the system being developed under the existing contract? STAFF RECOMMENDATION Staff recommends that Council approve the amendment to the existing contract with Accela Automation to add a wireless server module to the system being developed under the existing contract. KEY FACTS AND INFORMATION SUMMARY The Building Division is pursuing up-to-date technology to provide on-line inspection results. The wireless module, offered by Accela. Automation provides the portal for the City inspectors to use a wireless laptop to perform daily inspections. The inspectors can print an inspection report at the jobsite for the contractor's record from a printer mounted in the inspector's vehicle. Inspection results are instantly reported to the permit database providing citizens and contractors the ability to access inspection results and review required corrections in real time. • The wireless module provides inspection staff the ability to connect with the city Geographic Information System to resolve complex issues from the field. • Daily inspections are distributed electronically, eliminating the need to distribute paper inspection requests. • Inspection records are tracked in the database, eliminating the need for filing paper inspection copies at the end of the day. • Daily work can be tracked to individual inspectors electronically. The wireless module was removed from the original contract to match cost with available revenue. Funds have been identified and appropriated in FY 2008-09 to support this amendment. OTHER ALTERNATIVES CONSIDERED Maintain existing voice inspection reporting system and paper inspection documents. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Amendment Agreement FISCAL NOTES The estimated total cost, including implementation and licensure, is $64,790.00. The annual maintenance and hosting cost is $9,998.00. The funds have been appropriated in the 2008-09 budget. Agenda Item # 9, Meeting Date August 12, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Award of Contract for Construction of the 97`h Ave Sanitary Sewer Extension (Sewer Reimbursement District No. 41) Prepared By: Vannie NMeDept Head Approval: City Mgr Approval: lA ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board, by motion, approve the contract award for construction of the 97`h Ave Sanitary Sewer Extension (Sewer Reimbursement District No. 41)? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve a contract award to Kamph Construction in the amount of $154,344.00 and authorize an additional amount of $15,400.00 to be reserved for contingencies and applied as needed as the project goes through construction. The total amount committed to the project is therefore $169,744.00. KEY FACTS AND INFORMATION SUMMARY • On June 24, 2008, Council approved the formation of Sewer Reimbursement District No. 41. • The project constructs approximately 1,500 lineal feet of 8-inch sanitary sewer main and 300 lineal feet of service lateral to provide sewer service to 14 lots on Inez Street and 97`h Ave. • The project was advertised for bids on July 8 in the Daily Journal of Commerce and on July 10, 2008 in the Times. No project addenda were issued. Twelve bids were received at the bid opening conducted at 2:00 PM on July 22, 2008. The bid results are: Kamph Construction Co McMinnville, OR $154,344.00 (lowest bid) Canby Excavation Canby, OR $175,983.00 C&M Construction Sherwood OR $188,687.00 Crestview Construction Hillsboro, OR $200,838.00 JW Underground Gresham, OR $214,363.00 Northwest Earthmovers Sherwood, OR $234,045.00 Eagle-Elsner Tigard, OR $237,332.00 Paul Lambson Construction North Bonneville, WA $245,490.00 Kuenzi Communications Silverton, OR $245,877.00 Kerr Contractors Woodburn, OR $258,552.00 Dunn Construction Gresham, OR $298,972.00 Nutter Corporation Vancouver, WA $317,777.00 Engineer's Estimate Range $261,000 to $319,000 • Kamph Construction submitted the lowest responsive bid of $154,344.00. Although this bid is substantially lower than the estimated cost range in the Engineer's estimate, the lowest three bids are relatively close together. The relatively small variance between the bids suggests that the lower cost is a more accurate representation of the industry cost and that the project was over-estimated. • Staff has reviewed Kamph Construction's bid and has determined that the bid prices for the construction items are appropriate and complete. Staff recommends approval of the contract award to this lowest responsive bidder. • Upon Council approval of the contract and after a Notice to Proceed has been issued, Kamph Construction will be required to complete the construction within 60 calendar days or by the end of October 2008. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS The proposed Reimbursement District meets Goal No. 2, "Complete the update and begin the implementation of the Comprehensive Plan", by providing the area currently on septic systems with sewer service as required by the Plan. ATTACHMENT LIST Project location map FISCAL NOTES This and other Sanitary Sewer Extension projects are funded in the amount of $1,200,000 in the FY 2008-09 Capital Improvement Program. The fund is sufficient to award a construction contract of $154,344.00 and to provide a contingency amount of $15,400.00 for a total project commitment of $169,744.00. lAenp12008.2009 ty cipt97th eve san sew reimbursement dist 41 file 0594.951801counGh8-12-08 97th san sewer contract award ais.doc 97TH AVE DIST NO. 41 FY 2008-09 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W W.M. ✓ANZ ~ ~ i I I 1 EI1/ ELROSE ST CT 00 00 N LALOUNTAIN V v LQ V VIEW TERR R OKL YN IANE N INEZ ST INEZ ST 0 0 TWALITY JUNIOR PEMBROOK ST F HIGH SCHOOL n VICINITY MAP NTS Agenda Item # is y Meeting Date August 12, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title_ Authorize an Amendment to the City's Contract with SunGard Bi-Tech LLC Under Tigard Public Contracting Rule 10.075B. Prepared By: Toe Barrett Dept Head Approv ity Mgr Approval. ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board authorize an amendment to the City's contract with SunGard Bi-Tech LLC for the IFAS financial, human resource, and risk management software system under Tigard Public Contracting Rule 10.075B? STAFF RECOMMENDATION Local Contract Review Board authorize the contract amendment with SunGard Bi-Tech and authorize the City Manager to execute the amendment. KEY FACTS AND INFORMATION SUMMARY In October 2007, the Local Contract Review Board approved a contract between the City and SunGard Bi-Tech LLC for the IFAS financial, human resource, and risk management software following an exhaustive evaluation process. The total amount awarded for the system over the first two years was $715,836. This was a discounted rate as the City required less implementation services from SunGard Bi-Tech due to the Finance Director's expertise in implementing the IFAS system. As the Finance Director position is currently vacant and his expertise is no longer available the City must contract with SunGard Bi-Tech for these services, including part-time on-site project management. The City Manager has amended this contract by $43,800 to continue implementation to date. The amount of this amendment is $133,000. As this amendment brings the aggregate total of amendments right up to 25% of the total of the initial contract, under Tigard Public Contracting Rule 10.075.B, Local Contract Review Board approval is required. OTHER ALTERNATIVES CONSIDERED Stop the software implementation until FY 2009-10. This alternative would not be in keeping with Council direction in the Strategic Technology Plan and the work done to date would need to be redone if we wait until the 09-10 FY. CITY COUNCIL GOALS The Council-adopted Strategic Technology Plan identifies this software implementation as a high, priority. ATTACHMENT LIST None. FISCAL NOTES The cost of this contract amendment is $133,000. City Council is considering a budget amendment this evening that will provide funding for this matter from General Fund contingency. Agenda. Item # g, qj Meeting Date 8/12/08 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Establish a Neighborhood Trail Study Citizens Advisory Committee and Appoint Committee Members Prepared By: Duane Roberts Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City adopt a resolution establishing a citizens' advisory committee for an ODOT-funded study of existing and potential neighborhood trails within Tigard? STAFF RECOMMENDATION Staff recommends Council approve the resolution. KEY FACTS AND INFORMATION SUMMARY Last year, Council approved by resolution an intergovernmental agreement with ODOT for a Transportation Growth Management-funded study to identify, evaluate, and set priorities on neighborhood-level trail connections within the City. Neighborhood Trails are defined as short trails of an informal nature that provide circulation and access within neighborhoods. They primarily are unofficial, soft surface trails, which appear on public and private property throughout the City. In the staff report accompanying the resolution under discussion, it was noted that staff expected to return to Council with a separate resolution to appoint a citizens' advisory committee to review and provide on-going input on interim and final reports. On July 14, 2008, Mayor Dirksen and Councilor Buehner interviewed seven candidates for the citizen's advisory committee and selected six to serve on the ad-hoc committee. The names of the six are included in attachment "A" of the resolution. The six live or work at various locations throughout the City and all are walkers and/or cyclists. On August 12, 2008, Council is scheduled to consider a resolution establishing a new process to select and appoint ad-hoc citizen advisory committees. Staff decided against waiting for the adoption of this alternative process, because doing so would have delayed by a few weeks the start of the study of the otherwise ready-to-go study. Additionally, the trail study advisory committee interviews originally were scheduled to take place on June 30, but were postponed due to a conflicting Tigard Senior Center ceremony. OTHER ALTERNATIVES CONSIDERED None considered. l:\I..RPLN\Council Materials\2008\8-12-08 AIS Neighborhood Trail Study CAC.doc 1 CITY COUNCIL GOALS By facilitating alternative transportation options, the trail study implements Council Goal No. 1 "Pursue opportunities to reduce traffic congestion in Tigard." ATTACHMENT LIST Attachment 1: A Resolution Establishing a Citizen's Advisory Committee to Guide the Preparation of the Tigard Neighborhood Trails Plan and Appointing Members to the Committee. FISCAL NOTES The total cost of the study itself is $84,460. The amount of $70,000 is funded from the TGM grant and $17,460 is funded through City in-kind contributions. 1:\1,R131_N\Council Materials\2008\8-12-08 AIS Ncighborhood'Crail Study CAC.doc 2 Agenda Item # Meeting Date August 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consent Agenda: Approve Grant Application to the Office of -juvenile -justice and Delinquency Prevention in the Amount of $333,257 NO Prepared By: Chief Bill Dickinson Dept Head Approval?~-`41GU NO City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a grant application in the amount of $333,257 to the Office of Juevenile Justice and Delinquency (OJJDP) in the U.S. Department of justice that addresses "strengthening youth mentoring through community partnership." STAFF RECOMMENDATION Approve grant application. KEY FACTS AND INFORMATION SUMMARY The Office of juvenile justice and Delinquency (OJJDP) through the U.S. Department of Justice (DOJ) solicited grant applications asking applicants to propose initiatives that will increase local communities' capacity to develop and implement mentoring programs and provide mentoring services, particularly to populations of at-risk youth who are underserved due to location, shortage of mentors, special physical or mental chan1leneges, or other situations identified by the community in need of mentoring services. The grant announcement indicated that the Department of justice expects to to make multiple awards in the range of $250,000 to $500,000 for a period of up to three years. The Police Department currently has a successful pilot project at Twality Middle School that provides after-school programs to youth, offering mentorship and activities designed to address the goals of the grant program as outlined. The additional funding provided by this grant would extend this program to the other middle school and three elementary schools. As proposed in the grant application, the Police Department would partner with the Boys and Girls Club to provide the expanded program. Under normal circumstances, the City Council would have pre-approved the application. However, due to the short application period, the Department was not able to accomplish this. However, the City Manager was notified and a memo outlining the intent of the Department to apply for the grant was prepared and shared with City Council. This action would formally approve the application. This is a highly competitive grant, so it is uncertain how successful the City will be in having the grant awarded to the Police Department. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS N/A ATTACHMENT LIST N/A. FISCAL NOTES This grant was not anticipated in the FY 2008-09 Adopted Budget. There are no match requirements that would necessitate using additional City funds. Agenda Item # T. It Meeting Date August 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A Resolution Amending Council Groundrules Cary Mgr Approval Prepared By. Liz Newton Dept Head Approval: 444 ISSUE BEFORE THE COUNCIL Consideration of a Resolution to amend and re-adopt the City Council Groundrules STAFF RECOMMENDATION Approve the attached Resolution amending and re-adopting City Council Groun"es. KEY FACTS AND INFORMATION SUMMARY On July 15, 2008, the City Council discussed their Groundrules with proposed revisions. After discussion, Council accepted staff's recommendation to separate the Groundrules into three sections: Charter and Municipal Code Provisions, Meeting Process, and Communication. In addition, Council added that the section on city meetings be expanded to include reference to all meetings that the full Council might attend. In the Communications section, Council asked that the list of invitees to their annual event in Maybe expanded to include "all interested persons" and that the event be televised. Consensus of Council was for the staff to bring a Resolution back to adopt the Groundrules. OTHERALTERNATIVES CONSIDERED Modify the attached Resolution. CITY COUNCIL GOALS N/A' ATTAcHmENT LIST • Resolution with attachments FISCAL NOTES N/A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08- A RESOLUTION AMENDING THE COUNCIL GROUNDRULES (EXIBIT A) AMID SUPERSEDING RESOLUTION 07-48. WHEREAS, on May 17, 2008 and July 15, 2008, the City CouncA discussed its Groundrules whereby support was expressed to change the Groundrules. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Gty Council hereby revises the Council Groundrules as shown in the attached Exhibit A. Language to be deleted is shown with stnIeout lines. Added text is shown in italics. SECTION 2: The attached Qty Council Groundrules supersede the City Council Groundrules adopted by Resolution No. 07-48. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2008. Mayor - City of Tigard ATTEST: Gty Recorder- City of Tigard RESOLUTION NO. 08 - Page 1 CITY COUNCIL CHARTER AND MUNICIPAL CODE PROVISIONS MEETING PROCESS GROUNDRULES COMMUNICATION GROUNDRULES (This is the attaclunent to the Resolution the City Coune adopts when it appmves updated City Quneil Groundrules) The fellewing ~4e- ended te assist with prepafatien fer- and the eenduet ef City Cetme meetings. 44ie City > > The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. Chzrter pnwu rr mzy only be d=gedby a u w of dx people Code p vwu ns mrybe dmnged by Cavnl C)nh iarxe GrtwNf m y bechanged by C.amci1 Raali6az 4heseGreundfulesare Ibis charm is divided into three sections dxrt list Gra oxbules tlxrt , establish the meeting process; and Graorbula dut grade communication among Councilors and with the community. CHARTER AND MUNICIPAL CODE PROVISIONS CounciVMayor Roles • The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) willinclude the Mayor, President and Council members. Conduct of City Meetings • Council will meet at least once a month. Regularlyscheduled meetings shall be on the second, third, and fourth Tuesdays of each month. • The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. Memvn gf the Cay C=rd mzy set od7er nuwngs of full C.aard sudb as jant rrw* w b other agom'a orW%-ral mmomy rrawgs. Amended Groundrule Text 8/12/08 1 • Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. • Roll Call/Voting Order. The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote fast and the Council person who voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of the meeting. • Charter Section 19 provides that 'the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council.' A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and 'passes' shall not be counted in the total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. City Council Compensation Section 2.44.010 of the Tigard Municipal Code provides for compensation for attendance at Council meetings and meetings for an intergovernmental board, committee or agency. The amount of the compensation for Council members may be reviewed and set annually by resolution of the City Council as part of the budget cycle. A s plan cf the amwl 7eu*ez4 Gwrd mzy elan to aver i ro an agmwz7 t with the Mayerr or ow City Ca orator to asszmr addiaond nV=ihdaia for additional mrr"ation The addit awl duties shafi relate to n prr a=g the city on regia 4 state or federal issues and mmitees or task fam The resp=ibduus and aw aatsaam shall be set by agwmm bauueez doe Mayor or Ca motor and the Ca oral rrt h-n. Amended Groundnde Text 8/12/08 2 MEETING PROCESS Definitions - Meeting Types, Study Sessions and Executive Sessions: ➢ BUSINESS MEETINGS: Business meetings are regular meetings where Council maydeliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. Business meetings are open to the public. The regularly scheduled business meetings are televised. o Business meetings are generally scheduled to begin at 7:30 p.m. with a study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop-type of meeting (see definition below) which also provide an opportunity for the Council to review the business meeting agenda and to ask questions for clarification on issues or on process. Study Sessions are open to the public. o All Council meetings are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain circumstances and topics are limited to those defined by ORS 192.660. o The "Citizen Communication" portion of the agenda is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens a chance to introduce a topic to the City Council. Citizen Communications are limited to two minutes in length and must be directed to topics that are not on the Council Agenda for that meeting. o At the conclusion of the Citizen Communication period, either the Mayor, a Council member or staff member will comment what, if any, follow up action will be taken to respond to each issue. At the beginning of Citizen Communication at the next business meeting, staff will update the Council and community on the review of the issue(s), the action taken to address the issue, and a statement of what additional action is planned. Council may decide to refer an issue to staff and/or schedule the topic for a later Council meeting. ➢ WORKSHOP MEETING. Workshop meetings are regular meetings where Council reviews and discusses agenda topics. Council may not make final decisions during the meeting. Workshop meetings may be televised and are open to the public. Public testimony is generally not taken at Workshop Meetings unless the Mayor or Council so choose. o Workshop agenda items are generally topics which Council is receiving preliminary information on and providing direction for further staff analysis and information gathering for a later business meeting. Workshop topics may also include discussions with standing boards and committees, as well as other governmental units. o Appropriate topics for Workshop meetings include: Introduce a Topic: Staff will bring up new items to determine whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as a process check, i.e., is the issue on the right "track"? Amended Groundnde Text 8/12/08 3 Meet with individuals from City boards and committees or other jurisdictions to discuss items of common interest (examples: City Boards and Commissions, other Councils, the School District, and other officials). Administrative Updates: Items such as calendar information, scheduling preferences, process checks. ➢ STUDY SESSIONS: Study Sessions precede or follow a Business Meeting or Workshop Meeting. As stated above, they are conducted in a Workshop-type setting to provide an opportunity for Council to review the Business Meeting Agenda and to ask questions for clarification on issues or on process. Information is also shared on items that are time sensitive. During Study Sessions, any Council member may call for a Point of Order whenever he or she wishes to stop the "discussion" because he or she feels that it is more appropriate for the City Council to discuss the matter during the Council Business meeting. If a Point of Order is raised, the City Council will discuss the Point of Order and determine whether the "discussion" should continue on or be held during the Council meeting. The decision on whether to continue the "discussion" or not shall be determined by the majority consensus of the Council members present. If Council discusses a Council Agenda Topic in a Study Session prior to that Council meeting, either the Presiding Officer or City Manager will briefly state at the introduction of the Agenda Topic, the fact that Council discussed the topic in the Study Session and mention the key points of the discussion. ➢ EXECUTIVE SESSIONS: Meetings conducted by the Council, with City , appropriate staff oradvson for deliberation on certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has identified the ORS authorization for holding the Executive Session. Among the permitted topics are employment of a public officer, deliberations with the persons designated by the Council to cant' on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. o The Chair, or other members if the Chair fails to remember, shall call for a Point of Order at or around" 9.•00 p.m to review remaining items on the agenda with the Council. The Council may reset or reschedule those items, which it feels may not be reached prior to the regular time of adjournment. o The Council's goal is to adjourn prior to 9-- 9.30 p. m unless extended by majority consent of all Council members then present. If not continued by majority consent, then the meeting shall be adjourned to either the next scheduled meeting or the meeting shall be continued to a special meeting on another date. °r°w-°a to ":R- d "I 0 0 Amended Groundnde Text 8/12/08 4 o . 0 made O it is C ,..1 Yv " 1.uc.~' r w make k uaV♦v as GI the e-. .l.l.,, b „tiro in the Cit , f the F c is w to T Gaa O ' w sefye` gp-t his .....,:tto vith the Mayor en a r-etated basis fe -a tefm of sbf fnendis. Teflrsi Council Agendas and Packet Information o The Gty Manager will schedule agenda items while attempting to maintain balanced agendas to allow for discussion of topics while meeting the established 19 p:f& 9.•30 p.m adjournment time. o The Qty Manager will schedule items allowing time for staff research and the agenda cycle deadlines. o The agenda cycle calls for submittal of items 10 days in advance of a Council meeting. Add-ons are to be minimized, as well as handouts distributed at the start of meetings, except Executive Sessions. O Councilors and staff will prepare in advance of public meetings and issues should be presented fully in packets. o Council is supportive of the role staff should play in offering professional recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record and Council deliberation on the matter. o Council members should attempt to give at least 24 hours' notice, by advising the Gty Manager and the Gty Recorder of a request to remove a Consent Agenda item for separate discussion. The City Recorder shall notify all Councilors of such requests prior to the start of the Business Meeting. Councilors Scheduling Agenda Items o Councilors are encouraged to suggest agenda topics at the bench or to contact the Gty Manager about scheduling an item into the Tentative Agenda. o Add-on Agenda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda is not appropriate. O Requests for legislative action of Gouncil may be initiated by an individual Council member during a Council meeting. The Gty Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. Amended Groundnde Text 8/12/08 5 o Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. Amended Groundnde Text 8/12/08 6 COMMUNICATION General o Rabgnize that you are seen as a Counxilor at all tuna s, no matter hozrryau see youndf at arty panladar tiare Thus, Councilors are always treated by Administration as Council members. o Wlkwier ynu put anytlring in z wng, assume dw ewrynre in the city is look iT ozer yaw- shcarlder. o Do not nVoW to annrruratums dha& to full Cawxil Manager or Mayor trill mpo d o If a =nwwatim u dlinual to an irzliuzkwl C,a vvIor, )cu may d5me to 7Esporad as an ax&udaal or rifer to the Gty Manager o Information that affects the Council should go to Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. o Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving staff full oppomtnity to provide data clearly defining the anticipated impact of the action. o It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. o Councilors and the City Manager agree to report and discuss any contact, which might affect labor relations with the entire Council in Executive Session. o The Council Groundrules will be submitted for review by Council each year either in the July or August Workshop Meeting. The Groundrules can be reviewed and revised at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. Communications Between City Councilors, City Manager and Staff o Councilors are encouraged to maintain open communications with the City Manager, both as a group and individually in one-on-one sessions. o Councilors are encouraged to direEiegh take issues to the City Manager first, giving as much information as possible to ensure a thorough response. o In the absence of the City Manager, Councilors are encouraged to contact the Assistant City Manager. In the absence of both the City Manager and the Assistant City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager. o City Mamgerslxars i fbmutian dually wth C maton. o Ca mcdon are erxr wagal to avid contact with staff below the Department Head e-te the to awid possible disruption of work, confusion on priorities, and limited scope of responses. Amended Groundrule Text 8/12/08 7 o O.rrgwl is rrartual axfidmx and m pax wd) staff. Corplum it staff mmieis uben they make goal prsentatit rzs. Be frrerdlyc A acid staff a nzions uben you can C,orrvnrnicatiorn A Ca mdlas o No surprises. o Be wwteaus. o Be haxst Don't dissan Va o Don't bilurt it out an TV. o If you hold b%& in a rr?eti% fdlowtV later with fdlowCa malon or dx City Manager o Bm" ideas (f f ea b od7er by pkw or v formd amuisat"; alzetty nii l not to form a qua= o Spend swr casual trams together: Communications with Community/General Public o City Council members will host an event during the month of May to share with potential Mayor or City Council candidates what is involved in serving on the City Council. A City ea job o Councilors and the General Public are reminded of the Agenda cycle and cut-off dates. Administrative staff is available to explain how public issues are handled and how citizen input may be accomplished. o Official communication should come through City Hall and be provided by the City Manager. Direct submittals or inquiries to the Council or individual Councilors should be referred to the City Manager, or Councilors may ask the Qty Manager to look into an issue. o Official press releases are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are issued through the City Manager's Office. Communication Between Partners and Allies o In moral, let the Mayor speak for the City o Keep longterm relationships in rrarnl Don't ozer-fow an the issue at hand o Take issues to the City Managerr fzm Amended Groundrule Text 8/12/08 8 Agenda Item # 13 l Meeting Date 8/12/08 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Local Option for a Second Period of Historic Property Special Tax Assessment Prepared By: Duane Roberts Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City adopt a resolution allowing the owners of specially-assessed historic properties a second period of benefit? STAFF RECOMMENDATION Staff recommends Council approve the resolution. KEY FACTS AND INFORMATION SUMMARY During the 2007 session, the legislature passed and the governor signed Senate Bill 416, which amends the Special Assessment of Historic Properties program. According to the State Historic Preservation Office, the main changes to the assessment program include the following: • Local jurisdictions now have to give blanket approval through a resolution or ordinance in order for owners to be able to apply for a second 15-year term of tax exemption; • Local jurisdictions can exclude certain districts or properties from participation in the program; and • A Task Force is to be created to conduct a comprehensive review of the program and make recommendations to the 2009 Legislature in light of the upcoming 2010 sunset of the program. Currently, properties must be listed on the National Register of Historic Places to be eligible for the exemption. Only two properties located within Tigard are so listed: the John F. Tigard House and the Shaver-Bilyeu House. The Shaver-Bilyeu (Quello) House: Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is culturally significant due to its association with the Shaver family, which contributed to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. John F. Tigard House: Built in 1880 by John Tigard, the eldest son of Wilson Tigard, the founding father of Tigardville. John operated a coach route from Tigardville to Portland. The house is significant in its association with John Tigard and as an example of early frame construction. The privately-owned Shaver-Bilyeu House, aka the Quello House, is the only Tigard-area property affected by SB416. By virtue of its location on land owned by the Tigard Water District, the John F. Tigard House is not subject to property taxes. I:\LRPLN\Council Materials \2008\8-12-08.A IS I-fist Prop Tax Assess.doc 1 Adoption of the resolution would allow the owners of the Shaver-Bilyeu House to quality for a second 15-year term of tax exemption. The intent of the program is to stimulate historic preservation activities and reinvestment in historic buildings and districts. According to building records, no building permits have been issued for improvements to the property in question. However, property maintenance and exterior improvements do not require City permits, and, according to reports, the building and property have been well maintained over the years. Approval of the resolution would encourage the preservation of a nationally registered house on a 2.05-acre site. OTHER ALTERNATIVES CONSIDERED None considered. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Resolution Approving the adoption of a Second Period of Special Assessment of Historic Property Pursuant to Senate Bill 416 (2007 Legislative Assembly). FISCAL NOTE According to tax records, the current-year market value of the Shaver-Bilyeu property is $964,940. The M50 tax assessed value is a far less $166,060. By approving the resolution, the City and other taxing districts would be forgoing combined property tax revenue in the $2,000 range. I:\LRPL.N\Council Materials\2008\8-12-08 AIS I-list Prop Tax Assess.doc L Agenda Item # 3 ~ 1 3 Meeting Date August 12, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Resolution to Amend the Process to Appoint Ad-hoc Citizen Advisory Committees Prepared By: Darren Wyss/ Marissa Daniels Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Resolution to create a new process to select and appoint Citizen Advisory Committees (CACs) for limited duration planning and other projects. STAFF RECOMMENDATION It is recommended that Council adopt an alternative process for the selection and appointment of short-term Citizen Advisory Committees (CACs) that relies on staff recruitment, review, and recommendation of CAC members, with final approvals by City Council. It is also recommended to maintain the existing process for ongoing boards and commissions and short-term committees identified by Council at the time of creation. KEY FACTS AND INFORMATION SUMMARY One of Council's long range planning objectives is that "Tigard's citizens are involved in the community and participate effectively." Staff proposes using a more efficient solicitation and appointment process for ad-hoc Citizen Advisory Committees (CACs) that would better accomplish this objective than the current process of committee formation. At Council's May 27, 2008 study session, staff presented an alternative process to appoint ad-hoc CACs. Council at this time directed staff to take the proposal to the Committee for Citizen Involvement (CCI) for input and recommendation before making a decision. Staff presented the proposal to the CCI at its June 18, 2008 meeting for discussion. The CCI unanimously approved recommending the City Council revise the process to appoint ad-hoc CACs according to staff's proposal. The CCI felt the proposal would make the process more flexible, and ease the time commitment on Council's part while maintaining its control on the purpose and membership of the CACs. The current process to appoint CACs, regardless of their duration, involves a long period of advertising/solicitation, candidate selection, Council interviews, official appointment, and dissolution as discussed in Resolution 95-60 pertaining to the Library Board, Planning Commission, and Budget Committee. It takes many weeks, and sometimes months, for this to happen. This process is appropriate for standing advisory boards and committees, such as the Planning Commission, Parks Board, and the Committee for Citizen Involvement (CCI), or for ad-hoc committees dealing with certain high interest issues. However, a quicker, more efficient process is needed to appoint ad-hoc CACs and sunset them when the task is complete. This is especially important when the City has a number of projects underway or planned that require citizen input. I:\LRl'LN\Council Materials \2008\8-12-08 A1S Resolution for Alternate Process for CAC Appointment.doc 1 At a July 15, 2008 workshop meeting, Council voted to amend the CAC appointment process as recommended by CCI. This resolution clairifies the process used to appoint ad-hoc Citizen Advisory Committees and specifies that this new process will be reviewed in one year, as discussed at the workshop meeting. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 4: Promote and honor good citizenship in Tigard. ATTACHMENT LIST Attachment 1: Resolution to Amend the CAC Appointment Process Exhibit A: Resolution 95-60 FISCAL NOTES Not Applicable l:\LRPLN\Council Materials\2008\8-I2-08 AIS Resolution for Alternate Process for CAC Appointment.doc 2 Agenda Item # L/ Meeting Date 8/12/2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title ZCA2008-00004/Brentwood Homes Annexation Prepared By. Gary Pagenstecher Dept Head Approval: Qty Mgr Approval: l' ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of three parcels containing 7.45 acres of land (Zone Change Annexation - ZCA2008-00004) and adjoining right-of-way on SW Bull Mountain and Roshak Roads for a total of 7.58 acres of land to the City of Tigard? STAFF RECOMMENDATION Staff recommends adopting the proposed ordinance annexing the proposed territory to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY The proposed annexation includes three (3) parcels totaling 7.45 acres plus 0.13 acres of right-of-way to the City of Tigard. The initial applicant and owner is Sun Ridge Builders, the sole owner of Tax Lots 1200 and 1201. Sun Ridge Builders plans to develop its 6.1-acre propertyinto a 16-lot subdivision called Brentwood Estates. The property received land use approval from Washington County (WaCo) on November 6, 2007 (WaCo Casefile No. 07-314-S/DR). The subject propertyis required to be annexed to receive public utilityservices. The connection for public utilities will be from within the adjacent Cach Creek property, which is within the City and owned by the City. The City invited all adjacent property owners to join the annexation and received one petition from Clarence and Barbara Zickuhr, the owners of the property located at 15605 SW Roshak Road (Tax Lot 4800). Clarence and Barbara Zickuhr are the only registered voters within the proposed annexation area and both have signed the petition to annex. Therefore, 100% of property owners and 100% of the registered voters have petitioned for annexation. Tax Lot 1200 is heavily treed and contains sensitive land areas including steep slopes (over 25% grade) and significant habitat. Tax Lot 1201 is gently sloped with sparse trees. Both parcels are vacant. Tax Lot 4800 contains a single-familydwelling built in 1961 with mature landscaping and significant habitat areas overlaying the northern portion of the property. Based only on property size, the estimated maximum density of the parcels is 35 residential units. Water, sewer, stormwater, street maintenance, police and fire protection services are available to serve the property if developed to its maximum density. 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 proposed 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 proposed territory is contiguous to Tigard's City limits; 2. Urban services are available to serve the subject parcel; 3. The owners of the subject parcels 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 findings to deny the annexation. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Annexing 7.58 Acres Exhibit A: Legal Description and Tax Assessor's Map for Brentwood Homes Parcels and Right-of-Way Exhibit B: Legal Description and Tax Assessor's Map for the Zickuhr Parcel and Right-of-Way Exhibit Q Vicinity Map of the Subject Parcels Exhibit D: Applicant's and Zickuhr's Petitions to Annex Exhibit E: Staff Report to the City Council dated 7/25/08 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. RrECRI ED Rfoo 11,ti!NG AUG 0 8 2008 COMMUNITY t4EWSPMERS MY OF TMARD 6605 SE Lake Road, Portland, OR 97222 PUBLIC HEARING ITEM: The following ai0 be considered by the Turd City Council on Tuesday August 12. 2008 at 7:30 PM at the Tigard Civic Phone: 503-684-0360 Fax: 503-620-3433 Center - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Email' Public oral or written testimony is invited. The public hearing on this matter Hal! be held under Tide 18 and rules of legaladvertising@commnewspapers.com procedure adopted by the Council and available at City Hall or the roles of procedure set forth in Section 18.390.060E. Further information may be obtained from the Planning Division (Stall contact: Gary Paeen~ stecherl at 13125 SW Hall AFFIDAVIT OF PUBLICATION Blvd., Tigard' Oregon 97223, or by calling at 503.639.4171. State of Oregon, County of Washington, SS ZONE CHANGE ANNEXATION ('ZCA)2008OW BRENTWOOD HOMES ANNEXATION - I, Charlotte Allsop, being the first duly sworn, REQUEST: Annexation of three (3) parcels totaling 7.45 acres plus tight-of-way into the City of Tigard. The initial depose and say that I am the Accounting applicant and owner is Sun Ridge Builders, inc.; the sole owner of Tax Lots 1200 and 1201. Sun Ridge Builders plans to Manager of The Times develop its 6.1-acre property into a 16-lot subdivision called Brentwood Estates. The property received land use approval (serving Tigard, from Washington County on November 6, 2007 (Casefle 07-314-S/DR). The subject property is required to be annexed Tualatin & Sherwood), a newspaper of into the City of Tigard in order to receive public utility services. The connection for public utilities will be from within general circulation, published at Beaverton, in the Cach Creek property, which is within the City and owned by the City. The City incited the owners of nine the aforesaid county and state, as defined b neighboring properties to join the annexation and the owners of one, 1.35-acre property (15605 SW Roshak Road) by accepted. All property owners have consented to the annexation. LOCATION: 'Southwest Bull Mountain Road just ORS 193.010 and 193.020, that before SW Roshak Road. Washington County Tax Map 2SI08AB, Tax Lots 01200 and 01201; and 15605 SW Roshak Road Washington County Tax Map 2S108BA, Tax I of 04800. COUNTY ZONE: R-6 District (Residential 6 Units City of King City - Current Planning Per Acre). The purpose of the Washington Count R-6 District is to implement the policies of the Comprehensive Plan to Interested Persons for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per Notice Notice 0 acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity TTI for more flexibility in development than isadlmved in the R-5 District, EQUIVALENT CITY ZONE: R-7: Medium- Densiq• Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family A copy of which is hereto annexed,. W8S homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square published in the entire issue of said feet, and duplexes, a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses arc also permitted conditionally. APPLICABLE REVIEW CRITERIA: newspaper for The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, 2 Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan ........apter 3.09. . Successive and consecutive weeks in the (non-updated version)Pofia10.1; ORS h.... t ..er......222;....an.d.........Metro..C..o..d.e... Ch .non..at...ersi....ofi:...1;.............................................. following issues AR documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be July 24, 2008 obtained for twenty-five cents (25C) per page, or the current rare 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, or a copy can July 31 , 2008 be obtained for twenty-five cents (25C) per page, or the current rate charged for copies at the time of the request. Information is also available by contacring the staff contact fisted above. C/k-v qQ - Charlotte Allsop (Accounting Manager) Subscribed an . d sworn to before ma this 1.,.y .1:.f- .1 1 July 31, ~t _ - - 2008 zt_A_niiS-n(Knu BRI N I\l"t7n1~ d J i fiT s4;;. ~x..--•--~ t 11 - i IiC,\ffS i A\VES:\T7CO~' I - } I i I crry of 'I'ItiAitl) i t I NOTAR UBLIC FOR OREGON My commission expires`-%V, )or, N I I r I j f Ph " j l I I I Acct # 10093001 ! t l._ _ _ l Attn: Patty Lunsford City of Tigard tCurrent Planning 15300 SW 16 hAvenue A ti ,i 't T IFS-i " : King City, OR 97224 ' - Ilk w Size: 2 t - x 8.5 Amount 066:283'.90 'remit to address above Publish 7/24, 7/31/2008 TT 11180 OFFICIAL SEAL SUZETTEICURRAN NOTARY PUBUC - OREGON COMMISSION NO. 422662 MY COMMISSION EXPIRES NOVEMBER 28, 2011 Brentwood Homes Annexation Agenda Item #4 - August 12, 2008 Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this has been available in the Tigard Public Library for the last seven days. 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 application standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member will not participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the parties requesting annexation and those in favor of the proposal testify. Next witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the proponents can respond to them. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, the proponents can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. You may 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. You should to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record. The point is, come to the microphone to get your comments on the tape, otherwise, they won't be preserved for appeal. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. I:\ADM\Cathy\CCA\quasi judicial rules of procedure\Rules of Procedure - City Attorney QJ Statement - Brentwood Homes Annexation - August 12, 2008.doc The following people testified, but did not sign the testimony sheets: Greg Parsons i-TOP" 5 SW Bull Mountain Road Tigard, OR 11S`U I J gn checking the address on Magic, no345 SW Bull Mountain Road is listed; there is a listing for a Greg Parsons at 15315 SW 153d Avenue and this is also shown in the Assessor's information.) Also testifying was one of the applicants: Clarence Zickuhr 15605 SW Roshak Road Tigard OR 97224 I:\Qtywide\Councd Packets\Packet'08\080812\additionaltesimony- Brentwood annexation.docx AGENDA ITEM No. 4 Date: Aug. 12, 2008 PUBLIC HEARING TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: BRENTWOOD HOMES ANNEXATION (ZCA 2008-00004) RE_QLJEST: Annexation of three (3) parcels totaling 7.45 acres plus right-of-way into the City of TTigard. The initial applicant and owner is Sun Ridge Builders, Inc.; the sole owner of Tax Lots 1200 and 1201. Sun Ridge Builders plans to develop its 6.1-acre property into a 16-lot subdivision called Brentwood Estates. The property received land use approval from Washington County on November 6, 2007 (Caseffile 07-314-S/DR). The subject property is required to be annexed into the City of Tigard in order to receive public utility services. The connection for public utilities will be from within the Cach Creek propperty, which is within the City and owned by the City. The City invited the owners of nine nei hboring properties to join the annexation and the owners of one, 1.35-acre property (15605 SW Roshak Road) accepted. All property owners have consented to the annexation. LOCATION: Southwest Bull Mountain Road just before SW Roshak Road. Washington County Tax Map 2S108AB, Tax Lots 01200 and 01201; and 15605 SW Roshak Road Washington County Tax Map 2S 108B& Tax Lot 04800. Due to Time Constmints City Council May Impose A Time Limit on Testimony /Z' q ~ .sue AGENDA ITEM No. 4 Date: Aug. 12, 2008 PLEASE PRINT Proponent - (Speaking In Favor onent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. an11bm- 15SS~S Sw Qos trla, 04 for 4I~IZ 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. Sheet for bookmarking items unable to send to microfiche Date: 8/12/08 Item: Booklets, brochures, irregular-sized items Subject: Presentation Materials (WES) by Lisa Olson Agenda Item #5 Stored in vault: See Records Division AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: AUGUST 12, 2008 ited 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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: 6l ayE w '1~p1'4'K Also, please spell your name as it sounds, if it will help e- ~ 6 ti5e- the presiding officer pronounce: Address G82S $ p~7fJ~tr city RD State Zip q? 2 2 Phone No. 5-02 - ~0 3~1 3 F z,~ Name: _1P Also, please spell your name as it sounds, if it will help' the presiding officer pronounce: An~"(/Y~ City State , zip q7 ~ Phone No. Q(219 Name: a 1 = ~v 1 00y 16 Also, please spell your nay as it sounds, if it will help ~S Q the presiding officer pronounce: Q ~J Address 13,% cS L-3 Za-t-& $A*A U City State zip Phone No. ~5s sl? - Zo3 CITIZEN COMMUNICATION