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City Council Packet - 08/18/2009 Revised Agenda - 8/14/09: Added 6 p.m. Business Meeting to Consider Ballot Measure Resolution; Changes to Agenda Item No. 5 as Noted Revised Agenda - 8/18/09: Added Executive Session and Item City Of 1 lga,rd No. 8 - Council Liaison Report Tigard Business /Workshop Meeting - Agenda TIGARD CITY COUNCIL /TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING DATE/TIME: August 18, 2009 - 6:00 p.m. -Business /Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 ft PUBLIC NOTICE: Times noted are estimated. 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 Dea~. 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 Deal}. Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 30 • Every Sunday at 11 a.m. • Every Monday at 6 a.m. ■ Every Tuesday* at 2 pm (*Workshop meeting are not aired live. Tuesday broadcasts are a replay of the Illost recent 2vorkshop meeting:) • Every Thursday at 12 p.m. • Every Friday at 3 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL / CITY CENTER DEVELOPMENT AGENCY AGENDA - AUGUST 18, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of3 ® City of Tigard Tigard Business /Workshop Meeting - Agenda TIGARD CITY COUNCIL MEETING DATE/TIME: August 18, 2009 - 6:00 p.m. - Business/Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 1. BUSINESS MEETING 1.1 Call to Order - City Council 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 CONSIDER A PROPOSED BALLOT MEASURE FOR THE NOVEMBER 3, 2009, ELECTION FOR A BOND ISSUE TO PRESERVE NATURAL AREAS, AND DEVELOP PARKS, TRAILS • Staff Report: Public Works Department • Council Discussion • Council Consideration: Resolution No. 09- EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2) (h) for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 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. WORKSHOP MEETING 2. BRIEFING ON TIGARD TRANSPORTATION SYSTEM PLAN UPDATE • Staff Report: Community Development Department 3. UPDATE ON URBAN FORESTRY MASTER PLAN AND TREE CODE TIGARD CITY COUNCIL / CITY CENTER DEVELOPMENT AGENCY AGENDA - AUGUST 18, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of3 • Staff Report: Community Development Department 4. DISCUSSION ON ANNEXATION POLICY - UNINCORPORATED ISLANDS • Staff Report: Community Development Department ZA(1n ?n r TnR o .T r n~,~vrru nrn~,n r (This item was set over to September 15, 2009.) Recess City Council Meeting Convene City Center Development Agency Meeting: Roll Call: City Center Development Agency Board Members 5. CITY CENTER DEVELOPMENT AGENCY DISCUSSION ON POTENTIAL REAL ESTATE CONSULTANT SERVICES FOR THE DOWNTOWN • Staff Report: Community Development Department Adjourn City Center Development Agency Meeting Reconvene City Council Meeting 6. DISCUSSION REGARDING STATE CHANGES TO OREGON GAS TAX AND HOW CHANGES AFFECT THE CITY OF TIGARD'S GAS TAX AND ITS ABILITY TO PLEDGE THOSE REVENUES FOR BOND REPAYMENT • Staff Report: Finance and Information Services Department 7. BRIEFING ON A REMEDIAL ACTION PLAN TO ADDRESS ARSENIC CONTAMINATION ON THE TIGARD PUBLIC LIBRARY GROUNDS • Staff Report: Public Works Department 8. COUNCIL LIAISON REPORT • Urban and Rural Reserves: Councilor Buchner 9. ADJOURNMENT 1:AADM\Cathy\CCA\2009\ 090818.workshop P - RLV.doc TIGARD CITY COUNCIL / CITY CENTER DEVELOPMENT AGENCY AGENDA - AUGUST 18, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of3 } Agenda Item # JLL`~a n e'SS Meeting Date august 18, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title lic,nd Issue to Ties-(IJA e Natural Areas, and Develop Parks, Trails i}repared By: Dept Head Approval: City Xitr r1pproval: ISSUE BEFORE THE COUNCIL Shall the City Council pass a resolution 1ntl,ori7ing an election on November 3, 2009 seeking voter approval to issue general obligation bonds up to die value of 520 million for costs of capital construction and improvements, including land acquisition and restoration? STAFF ct comic DATioN Consider the resolution based on council direction to staff on August 11, 2009. KEY FACTS AND INFORMATION SUMMARY • Council goal for 2009 includes preparation for a General Obligation Bond election • The recently adopted Parks and Recreation Master Plan identifies deficiencies in the City's current facilities and includes projects for acquisition and construction to reduce those deficiencies. • The Parks and I'\.v.creation Advisory Board goals include passage of a Bond issue to fund projects. • Decent public opinion polling suggests Tigard N titers are supportive of expansion of the Parks, open space, natural areas and trail systems. This recent polling is consistent with past polling on this issue. OTHEii ALTERNATIVES CONSIDERED The Council could choose to delay the election date until 2010 or Laster, or decide to forgo the election completely and advise staff of an alternative method to fund these improvements. CITY COUNCIL GOALS 2009 Goal: Prepare for 2010 Pond Measure for Parks, Open Spaces and Trails ATTACH wNT LIST Resolution FISCAL NOTES An election in November, 2009 will cost the City between $35,000-50,000 depending on how many other public agencies schedule elections on that date. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional cost to property owners, if all 20 million in bonds are sold, would be $0.32 Per $1000 of assessed valuation. For the owner of home with the median assessed value of $200,893, the additional monthly cost would be about $5.41 per month, or $65 per year. Passage of this bond (car securing some other source for 20 million) will allow the City to leverage an additional estimated $44 trillion in future System Development Charges (SDCs). I:\City%vide\Council Packets\I'acket'09\090811\Parks Bond _tkgenda-Item.Summary-no-Instr.doc r CITY OF TTG , OREGON TIG-,%I~D CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION OF TI-IE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, C`ULING A MEASURE ELECTION TO SUBMIT TO THE ELECTORS OF THE CITY THE QLT✓STION OF CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 TO FINANCE T1IE COSTS OF CAPITAL CONSTRUCTION AND CAPITAL IMPROVEMENTS; DECLARING INTENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS. WHEREAS, the City Council of the City of Tigard, Washington County, Oregon (the "City"), has determined that a need exists for the City to fin~mce the costs of capital con m uction and capital improvements related to preservation of natural art:as, raildlife habitat; improvement and creation of community parrs and recreational areas; conststiction and improvement of hiking, biking and wanking trails throe Ii Lmd acquisition and restoration, and protection of water quality in local creeks and streams (the "Projects"). The bond proceeds would also be used to pay bond issuance casts; and WFIEREAS, the costs of the Projects are estimated to be not more than $20,000,000; and WIdEREAS, Oregon Revised Statutes Chapter 287A.050 authorizes the City to contract banded indebtedness to provide funds to finance the costs of the Projects and to pay bond issuance costs subject to voter approval; and WHEREAS, the City anticipates incurring expenditures (the "Expenditures") to finance the costs of the Projects and hereby declares its official intent to reimburse itself for any Expenditures it may mare on the Projects from the proceeds of voter-approved general obligation bonds (the "Bonds"), the interest on which shall be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the City understands that the use of proceeds of the Bonds to r`huburse an Expenditure may occur no later than the later of (a) 18 months after the date of such E::p~aditure or (b) 18 months after completion of the projects to which such Expenditure relates, and in any event no later than three years after the date of such Expenditure; and may occur no earlier than sixty (60) clays prior to the date of the adoption of this resolution; except for preliminary expenditures in an amount not exceeding 20% of the Bond proceeds or expenditures which do not exceed the lesser of $100,000 or 5 percent of the Bond proceeds. NOW, TF ERL.FORI , BE IT RESOLVED bythe Tigard City Council that; RESOLD SON NO. 09 - Pagc 1 -r 1 SECTION 1: A measure election is hereby called for the purpose of submitting to the electors of the City the question of contracting general obligation bonded indebtedness in the name of the City in an amount not to exceed $20,000,000. Bond proceeds will be used to finance the Projects and pay all Bond issuance costs. Pursuant to ORS 250.285, the Cite Council appro s the ballot title that is attached as Exhibit A and directs that this ballot title be ilcd with the City Attorney and the City Elections Officer. SECTION 2: The measure election hereby- called shall be held in the City on the 3' day of November, 2009. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The City authorizes the Mayor, City Manager (each an "Authorized Representative") or a designee of the Authorized Representative to act on behalf of the City and to tale such further action as is necessary to cant' out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.275(5) the City Elections Officer shall publish in the next available edition of the Tigard Tunes or in some other newspaper of general distribution within the City, a notice of receipt of the bailoL tale including notice that an elector may file a petition for review of the ballet title pursuant to 250.296 not later than the seventh business day after the title is filed with the City Elections officer in substantially the form attached hereto as Exhibit B (the "Notice"). SECTION 5: Pursuant to ORS 254.095(2) the City directs the City Elections Officer to file a Notice of Gty Measure Election in substantially the form of Exhibit A with the Washington County Elections Office not earlier than the eighth business day after the date on which Exhibit A is filed with the City Elections Officer and not later than September 3, 2009 (sixty-one (1) days prior to the election date). The Washington County Elections Office is required to produce and disseminate a facsimile of the ballot in accordance with ORS 254.245. SECTION 6: The City hereby d clarcs its official intent to reimburse itself with the proceeds of the Bonds for any of the Expenditures incurred by it prior to the issuance of the :Bonds. SECIION7: The law fu-m of K & L Gates LLP, is hereby appointed to serve as bond counsel with respect to the issuance of the Bonds. The City will pay the fees and expenses of bond counsel from Bond proceeds. RESOLUTION NO. 09 - Page 2 -r r SECTION & The Explanatory Statement for the measure for the Washington unty Voter's Pamphlet shall be as set forth in Exhibit C; attached. SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2009. Mayor - Otyof Tigard ATTEST: Otyy Recorder - Gtyof TigaM 1:\Gtyw e\Cvuncil Pacltets\Packct '091090818\go bond nsolution8.14-09draft.doc RESOLUTION NO. 09 - Page 3 EXHIBIT A NOTICE OF CITYMEASURE ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 3, 2009, a measure election will be held in the City of Tigard, Washington County, Oregon. The following sball be the ballot title of the measure to be submitted to the City's voters on this date: CAPTION Bond Issue to Preserve Natural Areas, and Develop Parks, Trails. QUESTION Shall City Issue $201vfillion General Obligation Bonds to Preserve Natural Areas, Develop Parks and Trails Beginning Fiscal Year 2010-2011? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 11b, Article I of the Oregon Constitution. SUMMARY 'If approved, this measure would authorize the City of Tigard to sell up to $20 million in bonds for costs of capital construction and improvements, including land acquisition and restoration, 'which would: • Preserve natural areas, • Create and improve community parks, recreational areas and trails, • Protect creeps and strcarrms for improved local water quality, and Protect streams, fish aud wildlife. The Parrs and Recreation Board would provide oversight; proceeds would be audited in City's yearly audit. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional annual cost to property owners if all $20 million in bonds are sold would be $0.3 )2 per $1,000 of assessed valuation. For the owner of a home with the median assessed value of $200,893, the city estimates that the additional monthly cost would be about $5.41 per month, or $65 per year. RESOLLMON NO. 09 - R, t;(, 4 EXHIBIT B NOTICE OF RECEIPT OF BALLOT TITLE Notice is hereby given that a ballot title for a measure referred by the City of Tigard has been filed with the City Elections Officer on August 18, 2009. The ballot title caption is BOND TSSL-F TO PRESERVE NATURAL. AREAS AND DEVELOP PARIS, TRAILS. An elector may file a petition for review of this ballot title in the 'ishiaigton County Circuit Court no later than 5.00 p.m,, August 27, 2009 [insert the date that is seven business days after filing this notice with the City Elections Officer] under ORS 2501.296. Signature of City Elections Officer Date signed City Recorder Printed faille of City Elections Officer Title This legal notice is to be published by the City Elections Officer in The Times, Tigard, Ore-on, or in another newspaper of geneinl distribution within the City. RESOLLMON NO. 09 - Page 7 r EXHIBIT C EXPLANATORY STATEMENT With passage of the Bond Measure, voters would direct the City of Tigard to preserve natural areas, create, improve and d,\-elop parks, preserve clean water by acquiring lands near rivers, creeks and steams and protect wlidlife habitat throughout Tigard, while managing the impacts of growth. The $20 million general obligation bond measure would allow for the implementation of a significant portion of the Tigard Park System Master Plan, balancing the following objectives. ® The acquisition of land for the creation of high quality parks and natural areas for both active and passive recreation for all ages, with the goal of parrs within a half-mile of every Tigard resident. The acquisition of natural areas intended primarily for protection of critical natural resources, including rare and state and federally listed species, so that natural areas are an integral part of every Tigard neighborhood. The improvement and development of existing, neighborhood and community parks throughout Tigard. The acquisition of land and easements for the creation of an interconnected regional and local system of on- and off- road trails and paths that link together neighborhoods; parks, natural areas, major urban activity centers and regional recreational opportunities. o The preservation of clean water throughout Tigard through the acquisition of sensitive lands near rivers, creeks, streams and wetlands. In the first year following its passage, the 2009 Natural Areas, Parks and Trails Bond Measure would likely cost property owners 32 cents per $1,000 of assessed value. For the average homeowner, the total annual cost is likely to be $ 5.41 per month or $65 per year. Additionally, all spending from this measure wound be subject to oversight by the Tigard Parks and Recreation Board and audits within the City's yearly audit to ensure that all funds are spent efficiently and appropriately in a balanced manner. And bylaw, no money from the measure can be used for administrators' salaries. RE OLLMON NO. 09 - Page 7 Sig 5 _ hl l cl CY1ki- Prosser ! - From: C :!;g D 1 i ks~ n [craigd dgard-or.gov] Sent: Tuesday, August 18, 2019 2:13 PM To: Liz Newton; Craig Prosser; Councilman Couricilmail. Subject: FW: Tigard Bond. Measure From: jfrewing[ MTP;JFREWING„7a TELEPORT.COM1 Sent: Tuesday, August 18, 2009 2:13:08 PM Ter: Craig Dirksen Subject: Tigard Band Measure Auto forwarded by a Rule Mayor Dirksen (plus other council members and involved staff): I want to say again that I am enthused about the passibility of a Tigard bond measure this fall for natural areas, parks and trails. I want to support it. Dennis K kindly provided me with the staff redrafting of the bond measure and its explanatory material. To me, the redrafting didn't do what council wanted last Tuesday and in looking it over, I have found several other items which I hope you will consider this evening. I plan to attend and would appreciate the opportunity to address you on these issues and answer any questions from you on wiry I have suggested changes. 1. The title, as redrafted, is not of clear English construction. No comma is needed after the word Areas and the comma between the words Parks and Trails adds confusion is the bend measure about park trails or is it about developing parks, xvith some other action regarding trails? I suggest a clear title to read "TIGARD BONDS FOR NATURAL AM .AS, PARKS AND TRAILS". This falls with n the ten word limit and clearly indicates the general objective of the bonds, saving details fur the: ballot explanation and voter's explanatory statement. 2. In the'Issue before the Council', the concept of restoration now appears for the xir;st time. This text has eliminated any reference to the purpose of capital construction and improvements, which I guess is OTC, since it is just an agenda summary sheet, but tllc. rresolution itself (next page) in its first'whereas' limits the restoration work to trails. I think the concept of restoration wort: is fine, but should apply to all four general categories of what are now called 'Projects' - natural areas, parks, trails and streamside buffers. 3. In the first 'whereas' of the eesolution, it is stated that the city "has determined that a geed exists" for the city to finance natural are- as and wildlife habitat. I don't believe that there is any basis for this conclusion. As I testified last week, the PRMP doesn't consider such needs and no other document provides an inventory, priority list or capital project list as exists for general purpose parks. The PRMP uses a general category called'open space', but its scope is so broad as to include golf courses and the general purpose parks. I think for this measure to be successful, a supplcnii-at to the PRMP must be developed to justify the conclusion quoted. I would be glad to work on such supplement as you dean appropriate. 4. A new paragraph has been added to the resolution, totally outside the scope of discussion last Tuesday evening when this matter was first before the council. I am concerned that up to 20 percent of the bond proceeds (0.2 times $20 million is $4 million) can be spent for an undefined 'preliminary exp,-,nditures' category. This seems huge. If this provision must remain, I would ask what comprises 'preliminary expenditures' and in what area measures has this been used before. 5: In the ballot summary, there is no mention of'balance' in spending between the four general categories of'projects'. This was specifically mentioned at last week's meeting by Councilor Wilson and I believe its mention is key to success of the bond measure. The summary also uses the word 'oversight' which has no operative definition for voters; I suggest using the word 'approval' to clarify that citizens have a role in expenditures. 6. The summary wording for the four general ;projects' is so general as to be almost without limitation. Please consider using here the words which I have drafted in the first paragraph of my proposed 'Explanatory Statement' below. 1 7. The proposed'Explanatory Statement' has some problems throughout; I have drafted a clean version which I think resolves such problems (see below). TheS,.- problems include a) clearly define tlic project areas, b) explain how the proceeds will be'balanced', ie the amount of expenditures will be balanced, c) use the words of the comprehensive plan ('Solely') to describe the purpose of natural area acquisitions under this bond measure, d) don't limit park improvemeat and development to only'existing neighborhood and community parks'throughout Tigard, leaving out pocket parks, linear parks, etc., e) be clear that bond funds can be used for the creation of trails as well as just acquisition, f) make clear how bond funds will help clean water and lrealtlly streams, g) be consistent with the fiscal notes on paage l of the agenda summary, where the cost impact is for the MEDIAN honk, not the AVERAGE home and h) delete the vagnr reference to spending in a'balanced manner' in the final paragraph. "TIGARD BONDS FOR NATURAL AREAS, PARKS AND TRAILS Explanatory Statement With passage of the Bond Measure, voters would direct the City of Tigard to acquire lands throughout Tigard for the preservation and restoration of natural areas, for creation and development of parks and trails, and to supplement protected sensitive land areas near streams. The $20million general obligation bond measure monies would be spent, with amounts roughly balanced between the above purposes, far: The acquisition and restoration of natural areas solely for the purpose of protecting natural resources, including rare and state and federally listed wildlife species, so that natural areas are an integral part of every Tigard neighborhood, serving residents for passive recreation. • The acquisition and development of high quality parks for use by residents of all ages, providing active and passive recreation opportunities, with a goal of park area within one half mile of each Tigard home. • The improvement and development of existing parks throughout Tigard. • The acquisition of land or easements and subsequent creation of an interconnected regional and local system of on- and off-street trails and paths that link neighborhoods, parks, natural areas, major activity centers and recreational opportunities. • The acquisition of land or easements, and restoration or protection as necessary, to supplement the existing protected areas near streams which provide additional water quality filtration, buffer and habitat for the health of streams. In the first year following its passage, the 2009 Natural Areas, Parks and Trails Bond Measure would likely cost property owners 32 cents per $1,000 of assessed value. For the median assessed homeowner (value $200,893), the total annual cost is likely to be $5.41 per month or $65 per year. Additionally, all spending from this measure would be subject to approval by the Tigard Parks and Recreation Board before consideration by the city and all spending would be audited within the city's yearly audit to ensure that all funds are spent efficiently and appropriately. By law, no money from the measure can be used for administrators' salaries." As I noted, I would be glad to explain these changes further this evening if you wish. Sincerely, John Frewing d 2 Agenda Item # Meeting Date August 18, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Briefing #2 on Tigard Ttarrsif~ri_ iinn~~y~stern Plan Update CG #+1 fic CG #2 Prepared $y: Darren Wyss Dept Head Approval_ ~ Approvrl CIT ISSUE BEFORE THE COUNCIL Receive briefing on Tigard Transportation System Plan Update. STAFF RECOMMENDATION Receive briefing and provide feedback. KEY FACTS AND INFORMATION SUMMARY The process to update the Tigard Transportation System Plan (TSP) began on January 1, 2009. Since the start date, the consultants, Kittelson & Associates, Inc., have developed background reports and two draft chapters. The materials can be found on the City's website at www.tigatd-or.gov/transi and include: * Chap 2 Goals/Policies • Chap 3 Base Year Conditions ® Chap 3 Techgueal Appendix • Document Review and Issues Report The fusi round of public en- :,;ement activities took place in June and allowed the opportunity for the community to comment on the aforeu.cnL(-)ned documents. These included a meeting of the TSP Citizen Advisory Cominittee, the TSP Technical Adviso_i: Committee, and a Public Forum. Comments were collected, reviewed, and incorporated into the documents as appropriate. The consultants are now wo.rl:ing on developing draft versions of the next round of materials, wlvch will be available for public _cv1cw and cormnent in September. The next opportunity for community feedback is at Fairly Fest, wlvch will be held in Downtown Tigard on Saturday September 12, 2009 fiorn 1:00 to 4:00ptn. The draft documents currently being worked on by the consultants inel(ide rr Need and Deficiencies Report, a S,,sferns Solution Report, a Draft Facilities Plan, and a Financial/Implewc_.lr:pion Review, Community review and 1ecdhaclk on these materials will be vitally unportant to the effectiveness OF the updated TSP. Part of the feedback mechanism for the City is that staff has been meeting with Councilors individually to discuss the fixture of the transportation system, and corninents/ideas gleaned from these meetings are being reviewed as part of the process. Staff also met with the Planninz Commission to provide them, with an update and offered theirs die opl-mrtun ty to meet individually if d- ey had an interest. The Commissioners have been asked to review the current T`~p and start thinking about proposed improvements and which projects make the most sense when considering cummunity impact/financial costs. Staff will continue with bi-mondily briefings to the Planning Commission and. City Council during the update of the TSP. ODOT has granted the consultants an extension of the contract through March 2010 and through these regular updates, staff will strive to provide decision-makers with sufficient data and facts to make comfortable and informed choices during the legislative adoption process. I:\LRPLN\Council Materials\2009\8-18-09 TSPBriefing2 AIS.docx OTHER ALTERNATIVE'S CONSII E [U- D N/A CITY COUNCIL GOALS Goal 1 ln-iplernent the Comprehensive Ilan Goal Implement Downtown Urban Renewal LT Goal: Pursue Opportunities to Reduce Traffic Congestion 11ITigard LT Goal: Seep to Improve 99W Corridor ATTACHMENT LIST N/A FISCAL NOTES The Oregon Department of Transportation has co.-ninitted $175,798 from its Transportation and Growth Management (I"GM) program to update the Tigard Tr,rn ;1 of tali{ n ~ Stan Plan ("T'SP). I!,ittelson & Associates, Inc. were contracted to perform the update. The City is iccluirud w provide an 11% match of staff time and materials. r:'oz.rPLN\Council r.iaterr.ai5\2009\e-1e-09 TSPnriefingz A=s.docx Agenda Item # Meeting Date August 18. 2009 COUNCIL AGENDA I'T'EM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Urban Forestry Master flan and Tree Code Update Prepared By- T. Prayer Dept Head Approval: City, Mgr .approval: 4 ISSUE BEFORE THE COUNCIL Update on the Urban Forestry Master Plan and proposed schedule for completing corresponding Tree Code revision. STAFF RECOMMENDATION Staff reconuraends that Council accept the draft recorntnendations and workplan. KEY FACTS AND INFORMATION SUMMARY T1he Citizen Advisory Cotxunittee has completed a draft of the Urban Forestry Master Plan (UFMP). The draft UFMP contains approximately 50 recommendations that., upon acceptance by Council, are intended to frame the future tree code and urban forestry program, About 25 of the recommendations are specific to tree code revisions. A tree code subcom~runcc: is being formed in September and will begin working on tree code updates in accordance with the recommendations in the Urban Forestry Master Plan, A draft workplan has been developed that lays out die tirraeline for tree code revisions. Council swill be updated on the UFMP and tree code revision process so that direction can be provided to staff as work progresses. OTHER ALTERNATIVES CONSIDERED ■ I'rot idc :alternative language for the "code specific" recorrrtnendations in the UFMP. • Modify the draft Tree Code tvorkplan. CITY COUNCIL GOALS 1.b Update Tree Code to meet ComprehcjisIvu Plan ATTACHMENT LIST Attachment 1 - Urban Forestry Master Plan/Tree Code Recommendations Attachment 2 - Draft Tree Code orkplan FISCAL N©T'ES Staff twill facilitate dae majority of work involved in revising the tree code. However, a consultant will be needed to establish a tree grove protection program ata cost of about $50,000. In addition, it is proposed that a landscape architect be retaianed to assist staff in preparing a tree protection and landscape: dcsil n manual with dray infs and specifications to be used as a compliment to the updated tree code. The cost for a landscape architect will be about $6,000. Attachment 1 City of Tigard To Mayor Craig Dirksen and Members of the Cit,,, Council From: Todd Prager, Associate Planner/Arborist Current Planning Division Re: Urban Forestry Master Plan/Tree Code Recommendations Date: July G, 2009 On July 1, 2009, the Urban Forestry Master Plan Citizen Advisory Committee achieved consensus on 51 draft recommendations that will frame the update of Tigard's tree related ordinances and programs in conf rtnance with the Comprehensive Plan. The draft recommendations have been developed through a public process involving community outreach and surveys, urban forestry stakeholder interviews, departmental coordination meetings, and review of current City policies and programs. Council is scheduled for a workshop on October 20, 2009 and a business meeting on November 10, 2009 regarding acceptance of the Urban Forestry Master Plan. Once accepted by Council, the Tree Board will begin overseeing the implementation of the Urban Forestry Master Plan according to the schedule outlined in the implementation matrix, The draft recom nendations and implementation matrix are in Exhibit A. A full draft of die Urban Forestry Master Plan is available on the City's website at http: / /ww,,v.tiggrd-or.gov/co mmunity/trees/master 121an asp. Council input on the draft recommendations is being requested at this time so the Citizen Advisory Committee may revise the Urban Forestry Master Plan accordingly at their final meeting on September 2, 2009. In addition, the following draft recommendations relate directly to code and should be reviewed and approved by Council prior to the Long Range Planning Division's coordination of a tree code update in August: Goal 1: Revise Tigard's tree code (Chapter 18,790, includes development regulations and rmiti ationl. 1. Move tree code from Tigard Development Code to Tigard Municipal Code in order to allow for discretionary review (1.1.a). 2. Modify code to focus less on tnitigation and more on preservation of long lived evergreen and broad-leaf deciduous tree species, native and indigenous trees, and other trees identified as of high importance (1,1.b). I Require private arborists to be involved in the development process from site planning through landscape installation (1.1.c). 4. Develop and implement regulations, standards, and inc cnti~ es for transferring density and seeking variances and adjustments to preserve trees identified as being of high importance (1.1.d). 5. Provide incentives for preserving smaller diameter which have a higher ability to withstand development impacts (1.1.e). Page 1 of 2 Aftachment 1 6. Ensure invasive trees are exempt frorn preservation requirements through the adoption of an inclusive invasive species list (1.1.0. 7. Create a tree manual with drawings and specifications for development related tree inventory and protection standards, and preferred spccics/tree types for preservation (1.1.g). 8. Develop standards and procedures for tree code enforcement (1.1.1n), 9. Develop canopy cover or tree density standards for all lots to be met by either preserving existing trees, or planting new trees (1.2.a). Goal 2: Revise Ter, r~i l a.ndsc.tpinR code (includes street trees, Varldng lot trees, and other re Hired landscape trees?. 1. Create a design and maintenance manual with drawings and specifications for species selection, pl«nLing, and maintenance (2.1.a). 2. Rcvise barking lot design requirements to incorporate stoirnwater management techniques and methods that support increased tree canopy (2.1.b), 3. R( vise Tigard Municipal Code to establish a permit system for planting, removal, and replacement of required trees (2.1.d). 4. Incentivize the use, retention, and replacement of long lived evergreen and broad-leaf deciduous tree species, native and indigenous trees, , nd wher trees identified as of high importance (2.1.e). 5. Allow required landscape trees to count towards, mitigation, canopy cover, anal/or tree density standards (2.1.0. 6. Require landscape architects to develop landscape plans for projects of a certain type and/or size (2.1_,g), 7. Do not require new technologies that are cost prohibitive (2.112). Goal 3; Develop a tree €tove protection proaam. 1. Establish standards and procedures for identifying and inventorying large groves of native trees (3. La). 2. Develop preservation and maintenance standards and procedures for tree groves identified for protection (3.1.b). 3. Reach out to property owners with identified tree groves early in the process to allow them ample opportunity to participate (3,2.a). 4. Ensure any future tree grove regulations have flexibility and incentives built in (3.2.b). Goal 4: Develop a h.vzard tree identification and abatement pro am. 1. Revise Tigard Municipal Code to grant authority to the City to become involved in private property tree hazards (4.2.a). 2. Develop and maintain criteria for what constitutes a tree hazard using the free Risk Assessment methodology developed by the PNWISA (4.2.b).. 3. Develop and maintain criteria for hazard abatement and risk mitigation (4.2.c). 4. Develop procedures for mediating disputes including assigning responsibility* (4.2.d). EXHIBITS Exhibit A: Implementation Matrix excerpted from the Draft Urban Forestry Master Plan Page 2 of 2 Exhibit A ° I ~ o irnplementation Goals , cry U f 00 P" ~ o a~ a' w' • a a s a c a ee s~ a ~ 1.1 Revise tree code to allow for more flexibility and ensure a qualitative approach to tree preservation. a. Move tree code from Tigard Development Code Long Range 1 2.1, 2.2.2, 23,1, Low ~ 2010 2011 to Tigard Municipal Code in order to allow for Planning 2.3.2, 2.3.3, 116, discretionary review. 2.3.7, 2.3.9, 2.3.10, 2.3.1 '1 b. Modify code to focus less on mitigation and Long Range 2.2.1, 2 .22, 2.2.9, High i S$ 2010 2011 more on preservation of long lived evergreen and Planning 2.3.1, 2.32, 2.33, . broad-leaf deciduous tree species, native and k 2.3.=1, 2.3.6, 23.71 indigenous trees, and other trees identified as of 23.9, 2.3. 11 i high importance. c. Require private arborists to be involved in the Long Range 2.2.1, 2.3.1, 2.3.3, Low c 2010 2011 development process from site planning through Planning 23.6, 2.3.7, 2.3.8, landscape installation. 23.9 d. Develop and implement regulations, standards, f Long Range 2.2.1, 2.22, 2.11, High $ 2010 2011 and incentives for transferring density and Planning 23.3, 2,16, 2.3.8, seeking variances and adjustments to preserve 2.3.9, 2.3.11 trees identified as being of high importance. e. Provide incentives for preserving smaller Long Range 2.2.1, 112, 2.2.9, Low 2010 2011 diameter which have a lugher ability to withstand Planning 2.3.1, 2.3.2, 2.3.3, development impacts. 2.14, 2.3.6, 2.3,7, 2.3.9, 23,11 f. Ensure invasive trees are exempt from Long Mange 2.2.1, 2.2.2, 2.2.7, Low $ 2010 2011 preservation requirements through the adoption Planning 2.2.8, 2 .2,9, 23.1, of an inclusive invasive species list. 2.3.7, 2.3.8, 2.3.11 g. Develop standards and procedures for tree code Long Range 2.11, 2.2.2, 12.3, bled. $ 2010 2011 enforcement. Planning 2.2.6, 2.3.1, 2.3.8, 2.3.9, 2.3.11 h. i Develop procedures detailing .vlnen and how Current 12.1 ~1ed. $ 2011 2012 protected trees will be inventoried and permit Planning activities tracked. i. Develop and maintain, as part of the City's GIS Current 221 Med. $ 2011 Ongoing and permit systems, a publicly accessible Planning inventory of protected tree& j. I Create a tree manual with dray irngs and Current 2.2.1, 2_22 , ) 2.8, High 2010 2011 specifications for development related tree Planning 2.2,9, 2.3.1, 2.3.2, inventor= and protection standards, and 2.3.3, 2.3.6, 2.3.7, )referred species/tree types for reservation. 2,18, 2.3.9 Exhibit A ~ ~ a o to vd Implementation Goals t ` cj a, c p LIN ! t 1.2 Revise tree code so that standards do not solely impact those property owners with trees. a. I Develop canopy cover or tree density standards Long Range ' 2.2.1, 2.2.2, 2.2.4' High 2010 2011 for all lots to be met by either preserving existing Planning i 2.2.9, 2.3.1, 2,12, j trees, or planting new trees, 2.16, 23.7, 2.3.9, 2.3.11 b. Create an urban forestry systems development Current 2.2.1, 2.2.2, 12,7, High 2011 20112 charge for new development in order to Planning 23.8 administer an ongoing tree and urban forest enhancement program. 1113 5: a a a,a a a o a s e' 2.1 Revise street tree planting, maintenance, and removal requirements. a. ;Revise panting lot design requirements to Current 2.2.1, 2.2,2, 2 24, Med. 2010 2011 C incorporate storm-water management techniques Planning F 2.2.7, 2.2,8, 2.2.10, b and methods that support increased tree canopy. 2.3.5, 2,3.7, 2.3.8, 2.3.11 b, Revise Tigard TMunicipal Code to establish a Long Range 2.2.1 222, 2?.4 Med. 2010 2011 permit system for planting, removal, and Planning 12.5, 2.2,6, 228, replacement of required trees. 2.2.9, 2.2,10, 2.3.5, 23.7, 23.10, 2.3.11 C. Incentivize the use, retention, and replacement of Current 2 2.1, 2.2.2, 1 2.4, Med. Sa 2010 2011 long lived evergreen and broad-leaf deciduous Planning 2,23, 2.2.6, 2.2,7, tree`specics, native and indigenous trees, and 2.2.8, 229, 2.2.10, ,,Other trees identified as of high importance. 2111, 23.5, 23.8, 2.3,11 d. Allow required landscape trees to count towards Long Range 221, 2.2.2, 2,2.4, Low ~ 2010 2011 mitigation, canopy cover, and/or tree density Planning 12.6, 2.2,7, 2 ,2.8, standards, 2.2.9, 2,2.10, 2,3,5 e. Require landscape architects to develop Long Range 1 2.1, 2.2.2, 2,2.7, Low $ 2010 2011 landscape plans for projects of a certain type Planning 2.2.10, 2.3.5, 23.7, and/or size. 2.3.11 f. Create a design and maintenance manual with Current 2.2.1, 2.2.2, 224, High 2010 2011 drawings and specifications for species selection, Planning 225, 2.2.6, 2.2.7, planting, and maintenance. 2.2.8, 12.9, 2.2.10, 2.3.5, 23.7, 2.18, 23-11 g. `p Clarify jurisdictional requirements along ODOT Current 121, 12.2, 2.2,4, Low 5 2010 2011 right-of-ways (Highway 99W, f Iighway 217, and Plaruung 2.2.5, 2.2.6, 212,7, Interstate 5). 2.2.8, 2.3.5, 23.8 h. Do not require new technologies that are cost Current 1 2.1, 224, 12.7 Low 2010 Ongoing prohibitive. Planning Exhibit A I° ~ ca a ~ ~ o ra Implementation Coals ' r.°,t c~ 2.2 Develop an inventory of tree plantings, removals, and replacements, a. ( Develop procedures for when and how trees will Current 2,2.1 11ed. 2011 2012 be inventoried and permit activities tracked. Planning l b. Develop and m=untain, as part of the City's CIS Current 221 11ed. $S 2011 Ongoing and permit systems, a publicly accessible Planning inventory of tree plantings and permitted removals, ' a a 0 a a B l 9 MENEM= 3.1 Focus on preserving large groves of native trees, a. Establish standards and procedures for Long Range 22). 1, 2.2.2, 2.2.3, High S$$$ 2010 2011 identifying and inventorying large groves of Planning 21.216, 2.2.7, 2.3.1, g native trees. 2.3.2, 2.3.8, 2.3.9, 2,3,11 b. Develop preservation and maintenance standards Long Range 2,2.1, 2?2, 1 2.3, High 2011 2012 and procedures for tree groves identified for Planning 2,? 4, 2,2.6, 2,2,7, protection. 2 2.8, 2.2.9, 2.3.1, 2,3.2, 2.3.3, 2.3..3, 2.16, 2.3,7, 2 3.8, 2.3.9, 2.3.11 3,2 Develop'a flexible and incentive based grove preservation program that meets the needs of affected property owners. a. Reach out to property owners with identified tree Long Range 2.3-8,2.3-11 Med. 2010 2012 groves early in the process to allow therm ample Planning opportunity to participate, b. p Ensure any future tree grove regulations have Long Range - 2.2.1, 2.3.2, 2.2.4, lied. 2011 2012 w ficsibility and incentives built in. r Planning 2.3.6, 23.8, 3.3.11 r F 4.1 Establish City storm and hazard tree response protocols, a. Prior to land acquisition conduct a tree hazard Parks 2.2.1, 222, 2.3.4, lied. 2010 Ongoing assessment. 23.8 b. Develop and implement a formal emergency Streets 2.3.1, 222, 3.3.4, Low $ 2010 Ongoing response system for tree hazards on City streets, 2.18 f c. Develop and implement a formal emergency Parks 2.2,1, 2.2?, 2.3.4, Low $ 2010 Ongoing response system for tree hazards in City 2.3.8 parks/ greenspaces. Exhibit A Q Implementation Goals 4.2 Establish a City program to facilitate tree hazard identification and abatement on private property. a. Revise Tigard N-funicipal Code to grant authority Long Range 2.2.1, 2.3.4, 2.3.8, high 2010 2011 to the City to become involved in private Planning 23,11 property tree hazards. b. Develop and maintain criteria for what Current 2.2.1, 2.2.2 Med. 2010 2011 constitutes a tree hazard using the Tree Risk Planning Assessment methodology developed by the PN`` TIS A. .......C.. Develop and maintain criteria for hazard Current 2,2.1, 2.12, 2.3.4, ~ :fed. 11 2010 2011 abatement and risk mitigation. Planning 2.3.11 d. Develop procedures for mediating disputes Long Range 2.3.4, 2.3.11 High 2010 2011 including assigning responsibility. Planning e. € itilake information about hazard tree Current 2.3,=1, 2.3.8 "Nfed. 2010 2011 identification and abatement program available to Planning j f the public. e ea b~ a tl o- ~ nn 5.1 Begin developing a tree and urban forest inventory, a. Develop procedures for when and how protected Current 2.2.1 filed. 2011 2012 trees, tree groves, street trees, heritage trees, and Planning required landscape trees will be inventoried and permit activities tracked. b. Develop and maintain, as part of the City's GIS Current 2 .2.1 filed. 2011 Ongoing and permit systems, a publicly accessible Planning inventory of protected trees, tree groves, street trees, heritage trees, and required landscape trees. i c. Develop and maintain, as part of the City's GIS Current 2.2.1, 2.? 2, 2.2.7 'led. $S 2011 Ongoing system, a publicly accessible inventory of sites Planning where urban forestry fees are being utilized. Link sites with the City's accounting system so detailed analyses of urban forestry expenditures can be obtained. 5.2 Improve management of City owned trees and forests. a. Create and route a budget sheet to appropriate Parks 2.2.1, 2.22, 227, Low $ 2010 2011 divisions prior to park and greenspace 2.3.4 acquisitions so anticipated costs and benefits can be identified and evaluated. b. I, Hire a eons ace coordinator to manage City Parks 2?.1, 2.3.4, 2.3.8 I-ligln 2011 2011 owned natural areas and develop a proactive hazard tree identification and abatement program for those areas. C. Develop a written set of urban forestry standards Current 2.11, 12.2, 2.2,5, High 2011 2012 and specifications for City projects. Planning 2.2,6, 2.2.7, 2.11, 2.33, 2.3.7, 2.3.9 d. d Identify and secure long term funding sources Current 2-11, 2.2.2, 2.2.7 Low 1 $ 2014 2016 for urban forestry projects as mitigation funds Planning Exhibit A decline. e. 1)r i Hate City Arborist as lead coordinator for Cuir at 122, 2.2, 6, 2 2.11„ Low 2010 Ongoing implementation of the Urban Forestry Master P:innin 114, 2.3.7 Exhibit A a 4U 'Z3 Implementation Goals c0 a; u U i. 0 A 0 A 0 9• 1 6.1 Develop and provide urban forestry outreach materials. Provide Tigard citizens with pertinent urban Current 2.2.7, 2.3.8 Med. 2012 2013 a. forestry outreach information such as Planning workshops, flyers, online tools, "ask the arborist" service, etc. Maintain a list of invasive plants, discourage their Current 2.2.1, 2.2.7, 2.2.8, Low $ 2012 2013 b. sale and propagation, and promote their removal. Planning 2.2.9, 2.3.8, 2.3.11 6.2 Fund urban forestry projects for private property owners. Utilize mitigation and other funding sources for Current 2.2.7, 2.3.8 I-Egli $SS 2013 2014 a. ( tree planting and urban forest management on Planning I Public and private property and public right-of- way. b. Present a cost/benefit study for a leaf pickup Current 227, 2.3.8 Low $ 2013 2013 program for Cotuicil's consideration. Planning 6.3 Prevent pre-development clearing of lots. a. Develop standards that require tree removal Long Range 2.2.1, ? ? 2, 2.2.7, Med. 2010 2011 permits prior to the removal of a specified Planning 2.3.1. 2.3.8 number of trees per year. 6.4 Regularly update the Urban Forestry Master Plan, set achievable goals, and continually monitor progress. Strive to achieve no net loss in cirywide tree Current 2.2.7, 12.11, 2.3.8 Low 2015 2015 IL canopy from 2007-2015. Planning b. Strive to achieve 32% citywide tree canopy by Current 2.2.7, 2.2.11, 23.8 Low ~ 2027 2027 2027 Planning Strive to achieve 40% citywide tree canopy by Current 2.2.7, 2 2,11, 2,3.8 Low 2047 2047 C 2047 Planning Update Urban Forestry= Waster Plan every 5-7 Current 2.2.1, 2.2.2, 2.2.11, I-Ligh 2015 2016 d. years. Planning 2.3.1, 2.3.8 Low = 0-8 hours of staff time * $ _ $1,000 * Med. = 8-40 hours of staff time _ $1,000-$10,000 J: High = over 40 hours of staff time = $10,0(0y0(;-S(50,000 'Y:Y $S$$ = 'x'$50,000 Attachment 2 Tigard Tree Code Overhaul Draft Workplan Background Objective: Comprehensive overhaul of Tigard's Tree Protection Ordinance in a manner that achieves the following outcomes. 1.. Implements the recently updated Comprulicnsive Plan; 2. Implements the Urban Forestry= Master Plan; 3. Complies with State and Regional Policies and Standards; and 4. Is consistent with Council Direction and. Community Preferences. Proposed ;structure: The project objectives would result in the following 1. Establishment of a new Tree Management & Protection Ordinance in the Tigard Municipal Code 2. Amendment of Tree Management and Protection Standards in the Tigard Development Code; 3. Establishment of a tree grove protection program Stakeholders - CoDv from IUFMP In addition to Tigard citizens and property owners, affected stakeholders Nvill include the following: • Metre • City of Tigard o Long Range Planning o Current Planning o Engineering o Public Works • Redevelopment o Tree Board • Committee for Citizen Involvement (CCI) o Planning Commission o Council • Oregon Department ofTi..nsportation • Oregon Department of I'orc su-y • Oregon Department of Dish and Wildlife • Clean Water Services • Utilities • Tigard-Tualatin School District • Home Builders & Broader Development Community • American Society of Lanclsc::pr 1~rchitecture • International Society of Arboriculture • Large Conunercial Centers (Washington Square, PacTrust, etc.) • Highway 99 Corridor • Audubon Society • Friends ofTrees 1 Attachment 2 • Tualatin Iii enccepers • Oregon Association of Nurseries Materials The following materials will be produced for this project: • Code Amendment Language • Maps • Tree Groves Inventory • ESEE Analysis • Webste • Flyers, factsheets, and other educational handouts • Cityscape articles & Press Releases • Citizen Comment Report PowerPoint Presentations Timeline August 2009 • Protocol developed for tree grove inventory • Structure and role of Subcommittee Determined • Development of Draft Communication Plan September 2009 • Tree grove inventory performed using City GIS resources • Initial research/draft structures for implementation alternatives • Technical Sub-committee formed • CCI review of Draft Communication Plan October 2009 • RI-7P to perform ESEE/outreach/code recommendations on tree grove inventory protection • Develop website and kickoff materials for public educators and outreach • Begun work with technical sub-cot-nsnsittee for Comprehensive Tree Code Amendments Autumn 2009 Ongoing technical sub-committee work • Adjustments made to workplan to comply with any chances to UFMI? resulting from PC/CC hearings • Consultant hired for tree grove inventory protection • Public Education and Awareness Building Kickoff Winter 2010 • Ongoing technical sub-cominittee warn. • Check-in with Tree Board • Check-in with. Planning Commission 2 Attachment 2 • Ongoing work with Tree Grove Inventory Consultant Spring 2010 • Technical sub-cominittee to agree upon Public Review Draft Amendments • Check-in with City Council • Consultant finalizes tree grove inventory protection recommendations • Public Outreach and Involvement Blitz beginning with Arbor Day Celebrations Summer 2010 • Continue Public Outreach and Stakeholder Input Meetings (Balloon Festival, Farmers Market, targeted stakeholder groups) • Review comments with Technical subcommittee • Development of Public Comment Report and Recommended Amendments Fall 2010 • Comprehensive Tree Code Amendments recommended by T zee Board • Comprehensive Tree Code Amendments Recommended by Planning Commission • Tree Grove Inventory Protection recommended by Tree Board Winter 2011 • Comprehensive Tree Code Amendments Adapted by Council • Tree Grove Inventory Protection. Recommended by Planning Commission • Tree Grove Inventory Protection Adopted by Council 3 Agenda Item # Meeting Date Au~p-ust 15.2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Annexation Policy Discussion-Unincorporated Islands Prepared By: Gaut' Pagenstecher/Icon Bunch Dept Head Approval: City Mgr Approval: _ ISSUE BEFORE THE COUNCIL Shall the City amend its current annexation policy to be proactive in annexing the existing 12 unincorporated islands within the City boundaries to the extent of pursuing involuntary annexation as allowed by state law? STAFF RECOMMENDATION `staff recornmends that Council discuss the policy options listed in the information summary and provide direction to staff: KEY FACTS AND INFORMATION SUMMARY Proactive annexation of islands would be a change from the City's current neutral annexation policy (Attachment 1). However, a key difference is that that state law provides that the City can initiate involuntary annexation but with a ninrnum effective date of no less than 3 and no more than 10 years. If Council directs st<<fi: to initiate all island annexatiains, there are adequate staff resources to accommodate the project, provided up to a year is given to complete it. Attachment 1 summarizes the statutoij, authority and the City's policies and experience with respect to voluntary annexation. Potential annexation policy options include: 1. Amend the City's annexation policy to initiate involaintatily ;innc~ation of all unincorporated islands in Tigard (80 properties totaling 46,45 acres) within a rCl ativcly , h{ art ixrind of time, such as within 6-12 months. The rninitnum effective date of annexation would be 3 years follm iV~,,approval of the annexation ordinance. _ llic ild the City's annexation policy to annex all unincorporated ill;mds as above, but provide for a longer effective date between 3 and 10 years, as provided by statute follo%%ing approval of die enacting ordinance. 3. Tape a longer term approach, annexing a limited number of islands per year, 3 for example. Using this example, complete annexation of all unincorporated islands would take up to 12 years because of the minitnum 3 year effective date, per state law. 4. Not initiate a proactive annexation approach to islands at this time. If Council decides to pursue any of options 1 through 3, it is recommended not to provide die financial incentives existing under the current neutral annexation policy. Tlus is because the minir„ura effective date of annexation is 3 years, per state law and the current annexation policy phases in City property taxes over a 3 year period. `I"his means the City would have to wait for 6 years before receiving full property taxes. OTHER AL'ITERNATLVES CONSIDERED Noted in the information summary above. CITY COUNCIL GOALS Die City's Comprehensive Plan Goal 14.2, Policy 5 states that the City shall maintain its right to annex property, as allowed by state statute. ATTACHMENT LIST 1) Current City annexation policy (Resulution 09-12) 2) Staff memorandum on current,.m.qe.,Tauon policy 3) Tax lot map showing c .istiaag wwacorpcarated islands 4) Parcel data for island properties FISCAL NOTES The City would receive increased property tax revenues after a 3 year delay per C7RS222.750(5). Attachment 1 CITE' OF TIGA. , OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RE-SOLUTION AML-'NI SING RESOLUTION NO. 07-13 TO I✓ .TENNND THE INCENTIVES FOR VOLUNTARY A111\:T7,,1TION OF UNINCORPORATED LANDS TO THE MU--NICIPAL CITY LIMITS TO FEBRUARY 2010; HERE. AS, Resolution 07-13 establishes policy to guide City actions pertaining to annexation of unincorporated lands to tlae municipal City limits, and provides incentives to annex:, including waiver of the City annexation application fee until July1, 2008 and phasing in of increased property taxes over a three-year period at the rate of 33 percent, 67 percent, and 100 percent, for properties that annex during die period of Match 13, 2007, to February 2008 per Oregon Administrative Rule (OAR 150-222.111); and WHEREAS, Resolution 07-47 amends Resolution 07-13 to expand the incentives to include City pal=anent of the Metro mapping/ filing fee until July 1, 2008; and WHEREAS, the Citlr's operational and administrative procedures have been to assist ki the preparation of legal descr iptaons as long as they do not require field survey work and to waive the pre-application conference fee for individual property owners interested in voluntary annexations; and WHEREAS, Resolution 08-12 amends Resolution 07-13 to extend the offer of incentives to annex until February, 2009; and WHERE-AS, dxe City Council discussed the incentives to annex at its annual review of tlae annexation policy at the February 10, 2008 wort: session and agreed to continue to offer incentives to property owners who voluntarily annex to the City until February 2010; and WHERE, S, it is desirable, for the purposes of administrative ease and clarity, to have one resolution chat addresses all the above mentioned incentives to annex. NOW, THEREFORE-, BE IT RE-SOLVE -D by file Tigard City Council that; SECTION 1: Resolution 07-13 is hereby amended to extend tlae offer of incentives to annex until February 2010, including. Waiver of the Civ annexation application fee; Phasing in of increased property taxes for properties that annex during the period of Much 13, 2007, to February, 2010, per Oregon Administrative Rule (CHAR 150- 222.111); City payment of die Metro mapping/ filing fee; Assistance in the preparation of legal descriptions, not to include field survey work; and Waiver of the pre-application conference fee for individual property owners interested in voluntary ann"aation. SECTION 2: An annual review of the annexation policy and associated incentives shall occur concurrently. RE-SOLUTION NO.09 - J Page 1 SECTION 3: This resolution is effective i mrnediately upon passage. a2009- PASSI:D This da}v of xe~ May ity of Tig -rd ATTEST: f,. City= Recorder ~ Cit~fi of Tigud T SOLUTION NO, 09 - Page 2 Attachment 2 City- of Tigard Mcmorandum To, Mayor Craig Dirksen and Members of the City Council From: Gary Pagenstecher, Associate Planner 6616 Re. City of Tigard Island Annexation Policy Irate: August 3, 2009 The purpose of this memo is to review the City's annexation policy with respect to annc%irig the remaining islands of unincorporated Washington County within the City limits. This memo summarizes the statutory authority and the City's policies and experience with respect to voluntary and past island annexation. Authority for Island Annexation. ORS 222.750 provides for annexation of unincorporated territory surrounded by city. ORS 222.750(4) states that unless otherwise required by its charter, annexation by a city under this section must be by ordinance or resolution subject to referendum, with or without the consent of any owner of real property within the territory or resident in the territory. ORS 222.750(5) states for property that is zoned for, ,iiid in, residential use when annexation is initiated by the city= under this section, the city shall specify an effective. date for the annexation th.it is at least 3 years and not more than 10 years after the date the city proclaims the annexation approved. The City of Tigard's Comprehensive Plan Goal 14.2, Policy 5 states that the City shall maintain its right to annex property, as allowed by state statute. City Administrative Policies to Encourage Voluntary Annexation, Since March 2007, Council has annually passed continuing resolutions to encourage voluntary annexation through financial incentive. Resolution No. 09-12 continues the financial incentives to annex until February 2010. The Annexation C7uu-cacti Project, wlvch included a series of direct =01ings, an updated web page and online information, and small group meetings, has generated few inquiries or requests to voluntarily annex in the past 18 mondzs. Prior to the voluntary annexation outreach effort, the City's administrative policy included sending a letter of solicitation to owners in the vicinity of a proposed annexation. The City encouraged participation by offering to waive the annexation application fee for owners who joined. Thee solicitations occasionally resulted in joiners. However, subdivision activity has fallen off recently and is uabkcly tU resume anytime soon. Solicitations by the City also advised that if an owner chose not to participt(u, but a majority of the surrounding neighbors did choose to do so, their property may involuntarily= be annexed by double or triple majority. Involuntary annexation has rarely, if ever, occurred. Results of Voluntary Annexation Policies The City processed 8 annexations since April 2007 totaling approximately 42 acres. Dut-ing that time, (here has been limited response to the voluntary annexation incentives offered by the City, Seven adjacent property owners joined at the invitation of the City when the developer was required to annex for sere=ices. TIULL property owners, representing 6.77 acres, took advantage of the uncial incentives and voluntarily annexed without immediate plans for development. 1. Sunrise Lane Subdivision: annexed for services; six (6) joiners 2. Goodlet: voluntary annexation; no joiners 3. Highland Hills Subdivision: annexed for services; no joiners 4, Crass Subdivision: annexed for services; no joiners (island) 5. Phelps: voluntary annexation/no development plans; no joiners 6. Cach: voluntary annexation/no development plans; no joiners (island) 7. Brentwood Estates Subdivision: annexed for services; one (1) Joiner 8. Montage Townhoines Subdivision: annexation required for final plat; no joiners Walnut Island Annexation In 2000, the City annexed 15 islands of unincorporated Washington County land into the City of Tigard. The 15 areas combined include 496 lots and 310 acres of land. Notice of the proposcd annexations was sent to property owners in the areas under consideration for annexation, as well as the property owners witlvn 500 feet of the areas. Staff received 4 letters, 3 in opposition to the annexations and 'I in support of the annexations, and an email in support of the annexations. Exhibits: Tax Lot Map showing 12 Existing Unincorporated Islands Parcel Data for Island Parcels 1•, r•,, ~ ^L~ ~ ~,.r s r"x14t' r jt a ~ t, _ I ) r ( ~'+I } -t.,-.,,\'- ; ~ to s `r ~t' o ;1 i I II r'-.; ~ ~~y r{11 r ~ 2 -t F t.f S Ut`}.1ncorporated Islands Within ~ ~I ! ( r; , t If,l ) ~ ~ I4 ; f l~ C rl - I I! t I &r]7~ ~{Irj ( City of Tigard Boundary p e Exiwv tin Number of Properties = 80 a ~ r F ! s ~ I I #Jr r] :d rr" I'' ( _ ~I~`'r P it rI- 1 t{il!{p(f( ti 4.J1,1incor orated Number of Owners = 73 r t,l Islands Total Acres _ 46.45 ` IF ` City of Tigard r 4r: I rt Oregon . C 77 t ^ ~ Il r t f i `P I 3 t s [ t.! _1 y' ~ :ma 1 I i I r, t`+ r I° i t s t v W t' I l t 1 I ~ d . .P sl ( 1 ~ F' 101 .I 'I rPy;~l! f t..r ' t ~ !I ' ~f a kf ••a -I - t n i(~ 1' Cgi..rg t 9. i _ - `'ll -J tt SIP L',.,,L,`~' island Property I"t; ter; r'",.°~. ! rl, fr 6 ! I , t ~I la - - Taxfot Boundary ! jy r i r y Tigard City Limits Urban Planning Area !T "T , " rY a i, i ~ n t : t 1 r< _ 44 k: r _ --~t ra n yy - E , i P I ~ a > { ~I M =3 .Z Parcel Data for Island Parcels Attachment 4 A B F i N 0 l TLID OWNERI awnerciLY 51TEADDR ACRES MWAssVal 2 CSA09AD07400 ARLINGTON HEIGHTS OWNERS PORTLAND 0 0.04 0 -'F109AD07300 ARLINGTON HEIGHTS OWNERS PORTLAND 0 0.04 0 2SI09DA02000 ARLINGTON HEIGHTS OWNERS PORTLAND 0 0.45 0 JSIZSCDO4200 BACKARDJIEV, ALEXANDER & TIGARD 7505 SW LANDAU ST 0.59 264740 b 25109AD07000 BALM F:7RTH, KENNETH R&BARBARA L TIGARD 125645WWINTERVIEWOR BAR 333740 25109DA01200 800f).MICHAEL R& TIGARD M565WSUMMERVIEWDR 0.24 577790 25109AC023J0 BEFF'!,1EFF~ YP TIGARD 13175 SW BULL MOUNTAIN. 0.80 286540 251048CC' 6; 1 C_:i 1, WiLUAM ALBERT TIGARD 14444 SW FERN ST 1.04 366400 1 251D90,c_9o0 BRC'J50N,STEAVENL TIGARD 149615WSUMMERVIEWOR 0.26 455710 2510 AE05?03 BROWN, STEVENR TIGARD 1269OSW5UMMERVIEWCT 0.24 323720 1 251040001800 CARESS, ROBERT K & LOURDES M TIGARD 14150 SW FERN ST 1:00 320590 IT 25105DDZ1200 CARLSON, LESTER R TIGARD 14905 SWSUNRISE LN 0.51 178910 4 2SIO40DO9400 CHASE, ERIC M & SHELLEY M TIGARD 13992 SW FERN ST 238 348940 15 2SI09AD05900: DOUGHTY, GARY T&KIMBERLY A TIGARD 12788 SW TERRA'JI EkV DR 0.20 352340 25109AD07200 OU,W:ERIC&DSTEPHANIE TIGARD 12532SV. IL _;vlDR 0,18 304330 25109ABO1700 EGGER,JACOBL& MARY MARCIATRS TIGARD. 13395 SW,1!ILL M,)UNTAIN 0.94 190054 1 2520SAD05600 FARRELL, DONALD & TIGARD 12753 SW-, PRAVILW DR 0.19 324660 1 25109DAOIOOO FEHR, JEFFREY W & DAWN H TIGARD 15024 SW SUMM, RVIEW DR 0.25 375230 {j 25109DA00500 FUCHS, SHIRLEY K& TIGARD 14996 SW SUTAPAERVIEW DR BAB 668560 2.S109AD04200 HAMMEL, SHARI L TIGARD 126=.9 51v Lvl'iT-VIEW DR 0.16 273740 22 2SID40DO9200 HOFFMAN, PAUL RUSSELL TIGARD 13985 SW, CP.N ST 108 311390 251048DO1601 HOFFMAN,PAUL RUSSrLL TIGARD 0 0,69 73960 24 25204BC01500 HOHNBAUM, MICHA€. Lc[ & KART ROC TIGARD 0 0.93 67230 25_02AL103900 HOLIDAY,SCL•OTT'4?.EFKA TIGARD 125575WWINTERVIEWOR 0.10 289410 2510`:;[106400 HOYEZ;.LARRYD&tALJrWJlIU77E TIGARD 14919SWSUMMERVIEWDR 01D 419670 7 r1900 HUGHES, MICHAEL O& TIGARD 12657 SW TERRAVIEW DR 016 316540 S 2`:_u'sAD065C0 HUOUE, KAZI I & SHAhPUK,i M TIGARD 149265WSUMMERVIEWDR 0.25 452750 29 ?5:09A'i05500 ISSHIKI, MIRE] TIGARD 126265WSUMMERVIEWCT 0,21 426160 70 2=109DA00400 JACHTER, DAVID L & TIGARD 14982SWSUMMERVIEWDR 0.22 462860 37 _ 2510a::,06200 JOHNSON, IEFFH&ANNE'TtEM TIGARD 12685 SW SUMMERVIEW CT 033 334970 32 0-j L,' D0. KIMMI,EDWARD TIGARD 125255- -INTERVIEWOR 031 304630 33 i;a00=c.= KRAMER, TAMMY M & ROGER D TIGARD 149685 V`i MERVIEWDR 0.19 535620 31 D,•:718r0 LANDMARK, JASON R&KARIK TIGARD 14987'., VI VDR 0:26 475310 35 -3700 LANGHAIM, RYAN D &CARL E K TIGARD 12! VIEW ST 0.18 542900 6 2S109AD'_1600 LARSEN, DANIEL L& TIGARD 12668 SWWINTE-JEW OR 0.17 300270 75'..09DA00200 LARSEN, GLEN E &NANCY M TIGARD 14954 S'.'. SU'." VIEW OR OAS 451540 3 25109AS305SOD LEE, FENG-YAO & TIGARD 12802 SW TERRAVIEW DR 0.26 323510 251045DO9300 LEWIS, JOHN ELIZABETH A TIGARD 13990 SW FERN ST 0.47 237970 4 251045000400 LUDLUM, ROBERT 5 TIGARD 14047 SWFE!%NST 0.58 S6:a 25104SCO0500 LUDLUM,ROBERTS. TIGARD 141)r`rt 'FERN ST 0.47 42 251045CO0300 LUDLUM, ROBERTS AND TIGARD 1;u335 FL. S'. 0.49 J 25109AD04300 LYLE,STEVEN M&MARLAD TIGARD 12Et-'5'w?eRVI£WOR 0116 25795,1 74 2S109AB006DO MASTERS, ROSS ALAN &STACY EILEE TIGARD 11:)4- SW _~Iri_Cim 0;94 346110 715 2SI09AD07200 MAY, GARYM TIGARD 125005WWINTERVIEWDR 0.78 341740 46 109AOO4006 MERKUN, MARK A&LISA H TIGARD 12589514 '.VINTERVIEW DR 0.18 277080 4i IS109AD04500 MEYER, CHRISTIAN & CARI N TIGARD 12692 SW WINTERVI EW OR 0„17 291890 i}8 2S105F,901600 DNTGOMERY, WILLIAM L& TIGARD 13379 SW BULL MOUNTAIN. 0.85 390340 Gt 1C~-;,C:)-,7n(: 191! N,MICHAELI& TIGARD 149405WSLJMMERVIEWOR 0421 433920. 50 o.aIJD ' ALLEN L& DEBORAH G TIGARD 12620SWWINTERVIEWDR LIAS 352800 1 1r-v'f,06100 N:-.SON LIVING TRUST TIGARD 127605WTERRAVIEWDR 0119 357620 j? StC"-,005100. ORTH,: MATTHEW & PORTLAND 12553 SW SUMMERVIEW CT 0.17 306280 JF3 251c,AD06000 PADOVANI, DELORES K PORTLAND 127745WTERRAVIEW OR 010 359590 54 2Si09ALi01100 PALMROSE, DAVID H & SONU C TIGARD 13265 SW BULL MOUNTAIN 1.23 306700 2SI09DA01700. PANE, JOHN R& KAREN M TIGARD 15003 SW SUMMERVIEW DR 0.29 331570 5 2S1040COSSOO PAULL LIVING TRUST TIGARD 13950 SW ALPINE CREST 6,50 371860 2SIO40COSDOO PAULL LIVINGTRUST TIGARD 0 1.50 27980 25109AD04400 PHAM, HUNG TIGARD 12687 SW WINTERVIEW OR 016 277370 -39 25109AD06500 RAJA, FAISALQ TIGARD 12580 SWTERRAVIEW DR 0.39 582120 610- :1109AD04100 RAWLS, RONALD L TIGARD 12615 5W WINTERVIEW OR 0.16 267020 1 2SI09ABOO400 RIPPEY, JAMES F & TIGARD 0 3.01 210320 62 2`109ABC '0 RIPPEY, JAMS P.& TIGARD 14023 SW ALPINE CREST 2,07 409520 63 51n9An 00 ROKCS,TERFSC,M& TIGARD 12732SWTERRAAEWDR 0.19 372790 61 U=i ROLP'Ji1,iu'r: 905& TIGARD 127465WTERRAVIEWOR 0.19 390800 5S 00 RUI1c, L.,,. r,,,-- 20 `C MARYJ PORTLAND 12596SW WINTERVIEW DR 0.18 306380 G - :1I Ia0. ) RCS'-:CLJ..~V:;fJ5&JULIEA TIGARD 12652.SWTERRAVIEWDR 0.17 402100 251J'JCI,,.v:rOD 5EAL,1 PORTLAND 15012 SW SUMMERVIEW DR 0:27 515140 68 2S;]0',D05000 SEDGHI, FATEMEH TIGARD 12573SWTERRAVIEWDR O.i9 363050 6Ll 25-a='.D04700 SPIERING,.MELANIE TIGARD 1. "W WINTERVIEW DR 0.17 321710 To- ~-S?D9DA 01300 STAWICKI, RICHARD 0 JR & TIGARD 15( , SW SUMMERVIEW DR 0.32 458940 1 251046-00<07 SUH, SOON YOUNGIDUK WON& PORTLAND 1 F NST 1.82 572380 7 25109A60i UU SWAN, ROBERT JDONNA 9 TIGARD 1' `?LLMOUNTAIN 1.03 369470 2510901,-.i 11[;:1 TIMPANI, ERNEST.C & DEBBIEC TIGARD i' W SUMMERVIEW DR 0,23 445870 4 251;)ADAC'.10 TURNER, JEFFREY VERN TIGARD 1505 - - W SUMMERVIEW DR 0.25 354470 251 -ODAC: u3 ULWELLING, MICHAEL EDWARD &ANGE TIGARD 150355WSUMMERVIEWDR 0,23 383710 7 sio?ILiDx500 WILLIAM5,10ONNELAND TIGARD 13965 SW FERN ST 1.66 198760 7l '109DFOOR00 WISLER, DAVID &TRINA PORTLAND 12574 SW AUTUMNVIEW ST 0.21 500310 lE '-IQ]ID,01600 WORKMAN, ROBERT CLARK& TIGARD 150195WSUMMERVIEWOR 0.24 393240 79 25109AD05400 YASENCHAK, CHRISTOPHER A& ROCHESTER 126585WSUMMERVtEWCT 0,23 335420 0 2SJOSDD00900 YOUNGER, NANCY REVOC TRUST TIGARD 15065 SW SUNRISELN 0.55 218660 1 25109AD05700 TIGARD 0 021 333390 Agenda Item # -.5 1 Meeting Date August 18. 2009 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Potential Real Estate Consultant Services CG 1 Prepared By: Sewn I~arre% Dept Head Approval: Ak~y~- 4,6 City 2vigr Approval: ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Does the CODA feel that additional consult<atit services are necessary to address specific needs in the Downtown Urbana Rene-,val District? STAFF RECOMMENDATION That the CODA evalnate the need for real estate consultant services and give direction to staff. If the CODA wishes to proceed, staff recommends developing a scope of work that will implement previous recotm-nendations. KEY PACTS AND INFORMATION SUMMARY Summer Lake, LLC, a real estate development/consultant firm has subinittcd a proposal, dated June 17, 2009, offering their sc vices in developinp7 :u1 , ction plan for Downtown redevelopment. Councilor Henderson has asked the CCDA to consider if it recds rhese services. In order to assess if additional consultant services are needed, or could be beneficial, a suanm,iI; of the ongoing work to accomplish the recommendations of the "Leland Downtown Development Strategy Report" is provided below. In November 2007, Leland Consulting presented the Downtown Redevelopment Strategy to the CCDA. This document provided strategic recommendations to guide d-te City and its partners to achieve the goals and objectives of the Tigard Downtown Improvement Plan. These recommendations have guided staff and the CCAC in awaking recommendations to the CCDA. Many of the recoaannendatio s have been or are currently being pursued by staff, or are under consideration by the CCAC. Attachment 1 outlines all of the Leland recommendations and their current status. A number of the Leland recommendations are in the current Downtown work plan, including the following. • Development Opportunity Studies (DOS). At the August 25"'' CCDA meeting, real estate consultants, Johnson Reid, will give a presentation on the results ofa Development Opportunity Study on the Tig ird Transit Center and what type of devc1opmew is currently feasible and steps the City could tape to slur redevelopment. Two additional DOS arc planned for properties on Burnham and Hall/99 intersection. • Circulation Plan. A consultant team is currently working on taus and the plan is scheduled to be completed by October. • Property and developer outreach. In addition to numerous contacts with Downtown properfi- and tuusirae;s owners, City Staff and Metro Transit Oriented Development staff will organize a "devclc,per's roundtable" to have a cafIdid discussion of the redevelopment opportunities and weaknesses in Downtown I:ALRPLN1\Council Nlaterials\2009\8-18-09 A1S Potential Real Vstite Consultant 5ercice^.doc 1 -1 1 Tigard. A similar roundtable was organized in 2005 in conjunction with the TRIP and produced valuable advice and perspectives on Downtown development. Commercial Facade Improvement Plan. A pilot program will launch in October. A subcorntnittee of the CCDA and CCAC has developed program elements, issued an RFQ and selected an architecture firm to be on retainer. To engage consultant services, the CODA determines first th-i r a need for additional support exists, and then develops a desired scope of work, potential budget, and del I Vcraibfes. The CCDA would also decide the appropriate level of involvement in the selection of the consultants (p:!riicil)at on in interviews, rcvic\% of proposals) by the CCDA and the City Center Advisory Commission, Depending on the desired budget, cither a Request for Quotes (RFQ) or a Request for Proposals WP) would be issued. An RFP, which follows a sp clued competitive formal process that is Ic-ally binding, and evaluates submission according to predetermined ~v,cl kited standards and criteria, is required for contracts expected to be in excess of $50,000. The RFQ process, for contracts expected to be under $50,000, is less restrictive, but requires a minimum of three competitive quotes fi-om qualified firms. The CCDA budget fc~r FY 2009-10 includes $95,000 for Redevelopment./Marketing/Real Estate Studies and .Assistance, and the p3 )posed real estate consultant sur6ces could fall under this category. The FY 09-10 work plan has identified the following projects in this budget catcgoty: $65,000 - Two Development Opport-unkt studies. They have been contemplated for identified Burnham Street propercics (the City's recently purchased property and an adjacent interested property owner) and propcrt es at the Hall and 99W intersection. $30,000- Downto~, n p.irkliig study, which will provide information to several other efforts including the Green Street I\laiti Street Project. OTHER ALTERNATIVES CONSIDERED As indicated, the CCDA FY 2009-10 budgeted funds include consultant services that were identified and requested during the budget process for the services described above. CITY COUNCIL GOALS Goal#2. Implement Downtown Urban Renewal ATTACHMENT LIST Attachment 1: Leland recommendations and current status. FISCAL NOTES None. T:\L tI'LN\cnuncil Nfiaerials\2009\8-191419 AIS Potential Real Estate Consultant erTiccs.doc 2 ATTACHMENT 1 Leland Downtown Recommendations and current status C= Complete, IP=progress, N= Not yet pursued Organizational Status Status expi nation Re-commendations 1 Establish a strong downtown IP In progress: CCAC is currently evaluating organization. 2, Strengthen coordination between the IP In progres : CCAC has good working relationship CODA and other downtown organizations. with CODA. Staff meets monthly with Tigard Central Business District. Association. 13. Increase property owner and developer IP In progress: Staff and CCAC members completed I outreach, outreach with Main Street business owners as part of green street project. Staff have made numerous contacts with property/business owners on such issues as parking and potential DOS. Staff and Metro staff organizing a developer's roundtable 4. Develop a branding campaign for N Not yet pursued Downtown Tigard. 5. Appoint a Downtown Liaison within the 1P In progress, A liaison will be assigned to serve this City's Current Planning Division to serve l role in Current Planning. as a "go-to" person for private sector developers, and property and business owners. 6. Create a "success audit" for Downtown i 0.vlP In progress. This has been used for staff purposes, Tigard. but not as the public/promotional document recommended, policy Recommendations 1. Follow through with projects that are IP In progress: Burnham, Mein Street, Fanno Creek planned or currently underway. Improvements, Mall/99W Intersection projects, are scheduled to go to construction between fall of 2009 and summer of 2011. Flail-to-trail corridor is ro ressin . 2. Revisit, prioritize and amend specific N Not yet pursued. If CCDA recommends can in elements of planned and proposed conjunction with CCAC. projects identified in the TDiP and the City Center Urban Renewal Plan to ensure that public dollars are maximally leveraged and affect the reatest impact. 3. Implement Downtown Tigard Urban IP In progress: Development Code Amendments will Renewal District Comprehensive Plan implement. Public hearings scheduled for October. policies and action measures. 4. Amend existing zoning standards to IP In progress:. Development Code Amendments will promote land use and development that is implement, Public hearings scheduled for October. consistent with the TDIP vision. 57 Establish design standards for IP In progress: Development Code Amendments will Downtown Tigard. implement. Public hearings scheduled for October. 6. Institute and expedited permitting C Completed. Applications within the urban renewal process, district receive priority Housing R commendatio€is 1. Assemble land for housing downtown. IF In progress: City has purchased property on Burnham that could be developed as housin . 2. Conduct design and feasibility studies N Not yet pursued, due to Urban Plaza being on for housing and mixed-use development hold. on parcels adjacent to the Urban Plaza. 3, Create a Development Opportunities IP In progress. C}ne I~C7S has been completed for the Study (DOS) Program to encourage Tigard Transit site and two others are planned for property owners to explore FY 09-10, redevelopment. 4. Offer density bonuses to encourage IP In progress: Development code update will allow housing development downtown, increased density, with higher density allowed around Commuter Rail., rather than density bonuses 5. Relocate Tigard's Public Works yards IP In progress. This is a long term project, but to make the site available for housing discussions are ongoing. development, 6. Redevelop the Tigard Public Works N Not ye pursued. The final disposition of the Building property at the intersection of Hall property has not been determined. Boulevard and Burnham Street. Retail Recoiiinnendations 1. Farm a relationship with a commercial -T Not yet pursued broker to work with property owners and retailers to attract desired retail development downtown. 2. Create a Main Street commercial N Not yet pursued, in lieu of the Main Street redevelopment loan or grant program to commercial facade program, encourage development along Main Street that is consistent with the TDIP vision. 3. Create a Main Street storefront 1i In progress. An architecture firm has been improvement program. engaged to be on retainer for the program The pilot - program will formally launch in October. 4, Create a retail-focused DOS program N Not yet pursued.. The DOS program lias not for Main Street and the section of focused on retail; but potential mixed use and Burnham between Ash Avenue and Main housing Street, _ 5. Facilitate redevelopment of the two (P In progress. A DOS hav l peen planned for the 99W shopping centers at the intersection of all intersection properties. Nall Boulevard and 99W. Access, Transportation and Par~kitiq Recommendations 1. implement long-term plans to increase iP In progress Downtown circulation plan is currently connectivity to and within the Downtown, in worked on. 2. Establish a shared parking program. IP In progress. The City is studying parking needs in the Main Street area, in collaboration with property owners, 3. In collaboration with the downtown IP In progress. The City is studying parking needs in organization, pursue a very modest the Main Street area, in collaboration with property parking strategy. owners (a Downtown organization has not been established.). { Agenda Item # Meeting Date A t 18, 2009 gIL COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/.Agenda Title Discussion regarding State changes to Oregon W tax and how those changes affect tl-v ! of Ti d's s tax and its abili to pledge those revenues for bond repay anent. Prepared By: Debbie Smith Wa,gm Dept Bead Approval City- ~ Cgr Approval. ISSUE BEFO1~E THE COUNCIL Shall the City Council make changes to the City's gas tax? STAFF RECOMMENDATION No recommendation KEY FACTS AND INFORMATION SUMMARY During the 2009 legislative session, the Oregon Legislature voted to increase the State gas tax by 6 cents per gallon. The legislation included a provision that pi-,liibits local governments from implementing or changing a gas tax once the legislation takes effect, which is September 28, 2009. Tigard Municipal Code section 3.65.040 (1b) has a provision requiting the City to decrease its gas tax if the State increases the State gas tax. The City of Tigard's debt financial advisor, Pat Clancy of Westem Financial Group, has issued a memo (attached) regarding the City's ability to pledge city gas tax-revenue toward repayment of revenue bonds if the current language i the ordinance is of changed. There may be other issues that Council wishes to address before the effective date of the state legislation. OTHER ALTERNATIvEs CONSIDERED Done CITY COUNCIL GOALS Not Applicable ATTACHMENT LIST Memo from Pat Clancy of Western Financial Group FISCAL NOTES If no changes are made to the existing city gas tax ordinance then there will be no change in total gas tax received. If the City changes the provision of decreasing its gas tax when the State increases its gas tax, the City will collect more total gas tax revenue in the short term. The current code restricts the use of the city gas tax to improvements to the Greenburg Road/Highway 99W/Main Street intersection and says the tax will sunset once the improvements are fully funded. i , WESTERN FINANCIAL OUP July 26, 2009 T6: Toby LaFrance, City of Tigard FROM: Pat Clancy RE: Tigard Gas 'fax You've asked us to provide an opinion as to the ability to issue bonds against the City's gas tax revenues in Tight of the recent increase in State gas taxes. The City's current tax is in code as follows: "In the event that the State of Ore,oa or Washington County increase their tapes on motor vehicle fuel, tlae City, which receives a share of those taxes, shall reduce the rate established by this section so that the City's total revenue from fuel taxes remains what it would have been without the State or County increases." The ability to bond depends on a consistent and predictable revenue st.cam. Clearly, since this levy is susceptible to changes outside the City's control, and those changes most likely would reduce revenues collected by the City, the current langwige erc2ates significant uncertainty in the City's gas tax revenues. It'is important to note that a structure of financing that relies solely on City collected gas taxes would, therefore, be very limited. It may be p+~ssible to finance some of the gas taxes, perhaps 30-40% of the tax stream over a relatively short time frame, but the current language would keep the City from financing a more traditional 60-70% of the revenue stream. A more likely financing structure will require the City to pledge revenues received from thy; State, County and the City related to gas taxes, which in the language of this ordinance, would remain unaffected by State or County changes. Further, in our opinion, given the current uncertainty regarding long term projections of gas consumption; we believe gas taxes, by themselves, are a fairly uncertain revenue and financing any significant portion of such a revenue stream may require a full faith and credit pledge of the City to augment the gas tax revenue. I hope this answers your question. Please feel free to call if you have any further questions. r Agenda Item # Meeting Date August 18, 2009 COUNCIL AGENDA ITEM SUMMARY City Cif Tigard, Oregon Issue/Agenda 'T'itle Briefing on a Remedial Action Plan to Address Arsenic Contamination on the Tigard Public Library Grounds Prepared BT. Dennis Koellermeier Dept Head Approval: _ City IvIgr Approval: IssUE BEFORE THE COUNCIL City staff and Chas Breemer, the City's consultant with Geolyngincers, will provide a briefing on a remedial action plan to address arsenic contamination on the Tigard Public Library grounds. STAFF RECOMMENDATION There is no staff recommendation. KEY FACTS AND INFORMATION SUMMARY Current Issue ■ Several areas around the library have soil containing concentrations of arsenic that exceed action levels. ■ The City and its consultant, Chris Breeer of GeoEngineers, have been working with the Department of Environmental Quality (DEQ) and have developed an action plan to mitigate these areas. ■ The DEQ has tentatively approved the proposed action plan which includes the following mitigation options: Installing access restrictions such as fencing, signage, and plantings that would deter entry into contaminated areas. Adding a layer of barb dust or chunks (capping) over contaminated areas. Removing contaminated soil, replacing it with clean soil, and re-planting the area. ■ The DEQ will begin a 30-day, mandatory public notice and comment period on September 1, 2009. Barring any substantial changes, the action plan could receive final DEQ approval in late 2009. ■ A June 15, 2009 technical study, titled "Revised Focused Feasibility Study Tigard Library," that stuntnarizes previous studies and describes mitigation options is available upon request. This document serves as die action plan which was reviewed by DEQ. Racfcg-round Information ■ The arsenic contamination likely carne from arsenic-laden pesticides or herbicides. These were applied to orchards that were historically present to the west of the library site. The arsenic was carried in surface water run-off and was ultimately deposited on the low-lying library property. ■ Arsenic contaminated soil was retnov ;d from the footprint of the building and the parking lot when the library was constructed. ■ In studies conducted since 2002, the City has: - Mapped the contaminated areas. - Determined arsenic concentration levels. - Assessed risk. The Council was last updated on the arsenic contamination issue in their September 5, 2008 newsletter. Newsletter materials are attached for your reference. OTHER ALTERNATIVES CONSIDERED The City has no alternative ether than mitigating the arsenic contamination. The City will have some flexibility in terms of mitigation options. CITY COUNCIL COALS None ATTACHMENT LIST 1. PowerPoint Presentation 2. September 5, 2008 Council Newsletter materials on "Library Grounds Contamination Issue" FISCAL NOTES Mitigation activities are expected to cost between $65,000 and $330,000 depending upon which action plan options are selected. Grant funds may available to pay for the bulb of this work. The City budgeted $20,000 in the FY '09210 Capital Improvement Program facilities fund to begisz this work. Attachment i J ;MM 1, II swv,. xIIf um A11 E vac ~c I.(ii R Lid W i 'E~3 t M o 8/6/2009 atl~_ ,I ;-J- ' G rf, 1- i ~pp,~ Illo ~f?~i~tz`u+~-ie3~y] ul.i[f~l~_.t~AI t 2 8/6/20{9 I ~k°_ r}lr[.~1= c~Y~;''~l 'iM 1P1 fr~~.~t ~~~j'•i , co J~ ojlo;Jialu~ ~{'n;~~~r1~~f1= !f~:x ! j ~j off, U r ' - {{i ^1. V Y~~ ' 1 AL , P, ~~}7Y= Tc A o o., 0 F { Y^r 3 $/6/2009 r~ i"frF ~C°jFlll~ 1f11,1'-~ ' t ~~_fi ~I;T:7;1 F 4 Item No. S, e5? For Couac . Newletter Dated ap + Men wi indum City of Tigard Attachment To: Craig Prosser, City Adanager From: Dennis Koellermeier, Public Works Director Re: Library Grounds Contamination Issue Date: September 4, 2008 Attached is. a memo I prepared that was distt-ibuted to Library Staff" this week explalai g the status of our arsenic contamination study on that site. The project is at a milestone, DEQ has accepted the eVJ-i uaLon phase of the project, now we can proceed with the design., approval and- construction of mitiZation measures. We expect that phase to take several months. . ' . ;Because we have several citysponsered events planned near these sites I received approval from DEQ to install some split rail fence and si e as an iterium. measure. That work will be completed this week. Became this evaluation please is now a complete and thus a public document, it is appropriate.diat our staff be provided t?iis inf orrtiaation. As noted in the memo, we will issue a press release next week on this issue. Due to the complcx. i y of this topic, we have asked that all follow-up questions and correspondence to be :managed through my office. City o Tigard Memorandum To: Staff of the Tigard Public Library From: Public Works Director Dennis I oellermeier Re: Important Information on Arsenic and the Library Public Library Grounds Date: September 4, 2008 Several areas around the library have sail containing concentrations of arsenic that exceed EPA recommended levels for humans. Arsenic is considered a potential carcinogen. Co=on public areas, like the gazebo, picnic tables near the driverthru boob drop, library courq-ard, and interpretive viewing platform, are not located in arsenic contaminated areas. A map showing the areas containing elevated levels of arsenic is attached to this memo. A Human Health Risk Assessment and Level I and Level II Ecological Risk Assessments report was recentlyfinalized and accepted bythe Department of Environmental Quality PEQ). The City has been working with various consultant's and the DEQ to determine the extent and severity of the contamination. This information is conmined the report. A copy of the report is available for your review. A press release on the arsenic contamination will-be issued next week, but I wanted the library staff to be appraised of the situation and the city's actions as soo' as possible. How did the arsenic get bete? The contamination likely carne from arsenic laden pesticides or herbicides. These were applied to orchards that were historically present to the west of the library site. The arsenic was carried in surface water run off and was ultimately deposited on the low-lying libraryproperty. W-10's at zish? For libn ry employees, maintenance workers,, bndscapers and excavation worlwrs, arsenic concentrations in the soil are within DEQ standards. However, in the scenario of a patron (adults and children) who visited the library grounds on a weeldy basis, the estimated rids would exceed DEQ standards. The City continues to work with DEQ to determine the best way to reduce this risk. How does exposure occur and how can I avoid it? Exposure to arsenic in soil occurs bywayof direct contact, ingestion, and inhalation. To avoid exposure, don't cat, breathe or touch contaminated soil. What's next? The Cityreceived pen-mission from.DEQ to temporarily install a split rail fence in the field to,the north of the library. It will serve as a barrier between the outdoor areas cohere most organized public events tale place (librsarypatio, soft trail and gazebo) and the contaminated area in the center of the open field. "No entry" signs will be pasted on or near the fence. The City is worldng with and awaiting direction from DE Q reg u-ding whet permanent measures are needed to address the contaminated sail. Options include remo-,-ail of contaminated soil, coveting contaminated soil to prevent exposure, and institudon-l controls such as fencing or restricted access. Questions? Please feel free to contact rrre at X03.7 $.?596 or deem s cz tigard_W -_or.gov.