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City Council Packet - 03/17/2015 • City of Tigard Tigard Workshop Meeting—Agenda TIGARD TIGARD CITY COUNCIL BUSINESS AND WORKSHOP MEETING MEETING DATE AND TIME: March 17,2015 - 6:30 p.m. MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 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 (lDD -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 (IUD -Telecommunications Devices for the Deaf). VIEW LIVE VIDEO STREAMING ONLINE: http://live.ti2ard-or.gov Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings-Channel 28 •Every Sunday at 12 a.m. •Every Monday at 1 p.m. •Every Thursday at 12 p.m. •Every Friday at 10:30 a.m. SEE ATTACHED AGENDA City of Tigard Tigard Workshop Meeting—Agenda TIGARD TIGARD CITY COUNCIL BUSINESS AND WORKSHOP MEETING MEETING DATE AND TIME: March 17,2015 - 6:30 p.m. MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM 1. BUSINESS AND WORKSHOP MEETING A. Call to Order- City Council B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items BUSINESS MEETING 2. CONTINUATION OF QUASI-JUDICIAL PUBLIC HEARING- ZCA2014-00002 SUMMIT RIDGE NO 5.ANNEXATION 6:35 p.m. estimated time WORKSHOP MEETING 3. CONTINUED DISCUSSION ON INFRASTRUCTURE FINANCING 7:35 p.m. estimated time 4. CONTINUED DISCUSSION ON THE STREET MAINTENANCE FEE 8:20 p.m. estimated time 5. DISCUSSION ON POTENTIAL CHARTER REVIEW 8:55 p.m. estimated time 6. NON AGENDA ITEMS 7. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision: Executive Sessions are closed to the public. 8. ADJOURNMENT 9:25 p.m. estimated time AIS-2169 2. Workshop Meeting Meeting Date: 03/17/2015 Length (in minutes): 60 Minutes Agenda Title: ZCA2014-00002 SUMMIT RIDGE NO 5. ANNEXATION Prepared For: John Floyd, Community Development Submitted By: John Floyd, Community Development Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing- Quasi Judicial Meeting- Main Public Hearing: Yes Publication Date: Information ISSUE Shall Council approve this annexation request? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council find that the revised annexation request (ZCA2014-00002) to be consistent with the approval criteria identified in the staff report, and approve the annexation request based on findings and conclusions contained in Section IV of the staff report dated January 26, 2015 and supplemental memorandum to Council dated March 10, 2015. KEY FACTS AND INFORMATION SUMMARY On March 17, Council will hold a second public hearing on the Summit Ridge Annexation, a continued item from the February 10 Council meeting. At that hearing Council considered an annexation request by Venture Properties who intends to develop three unimproved parcels owned by the Zeiders and Andersons, but must first annex these properties to obtain needed services. As detailed in the attached memorandum, the applicant has amended their request to include annexation contracts for two additional parcels of land owned by the Zeiders and Andersons, to address Comprehensive Plan Policy 14.2.4 regarding annexation boundaries. At present, the contracts remain in draft form and unsigned, but it is staffs understanding that signed copies will be provided in advance of the hearing on March 17. Staff finds that should the contracts be executed, findings could be made to support approval of the annexation request. Should Council find in favor of the revised application, staff recommends Council withhold final action until the applicant provides signed contracts for both affected properties. To account for potential delays in obtaining signatures from both property owners, additional time has been reserved on April 14, 2015 to allow for a second continuance. OTHER ALTERNATIVES Council could deny the application, or continue the hearing to allow the applicant time to further modify the annexation request. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal: Growth/Annexation Tigard Strategic Plan Goal 2, Objective 1: Ensure development advances the vision; every household is within a walking distance of 3/8 mile to a trailhead. DATES OF PREVIOUS COUNCIL CONSIDERATION February 10, 2015 Fiscal Impact Fiscal Information: No fiscal impact would result from denial of the annexation request. Attachments Staff Memorandum to Council Attachment 1 - Draft Ordinance Attachment 2-Annexation Contract(Zeider) Attachment 3 -Annexation Contract(Anderson) Attachment 4- Email from Carrie Brickey 2-20-15 " City of Tigard T1GARD Memorandum To: Mayor Cook and Tigard City Council From: John Floyd,Associate Planner Re: Summit Ridge Annexation (ZCA2014-00002) Date: March 10, 2015 Summary On March 17, Council will hold a second public hearing on the Summit Ridge Annexation, a continued item from the February 10th Council meeting. At that hearing Council considered an annexation request by Venture Properties which intends to develop three unimproved parcels owned by the Zeiders and Andersons, but which must be first annexed to obtain needed services. As detailed below,the applicant has amended their request and staff can now support a recommendation of approval. Background At the February 10th hearing, staff recommended denial of the annexation request based upon Policy 14.2.4 of the Comprehensive Plan, which requires the City to consider the following when approving annexation requests: "Policy 14.2.4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area;" At issue were two additional parcels of land owned by the same property owners, each improved with a single-family home, but excluded from the annexation request. While the exclusion of these two parcels would not immediately result in the creation of an unincorporated island, failure to annex these properties could delay or prohibit future annexations to the west if the owners declined to participate. Such a configuration could also prohibit the efficient and effective delivery of services to the entire area by delaying or precluding future urbanization of adjacent parcels and associated extensions of public services to the area. 1 of 2 Revised Proposal In response to the original staff recommendation and feedback from Council, the applicant has proposed the City accept annexation contracts for the two excluded parcels as a means of satisfying Policy 14.2.4. These contracts would cause the properties to be annexed in four years, or sooner at the written request of the property owner. Under the terms of the contract, each owner consents to annexation and waives any right to object. The City Attorney has reviewed and edited the contract language and finds the proposed contracts enforceable and transferable to future property owners should a sale occur before the annexation occurs. Staff Analysis and Recommendation While the proposed contracts may not be the quickest or administratively efficient method to addressing the policy, the proposed contracts allow the City to find the application consistent with Policy 14.2.4 of the Tigard Comprehensive Plan and other applicable approval criterion for annexations. Should Council find in favor of the revised application, staff recommends Council withhold final action until the applicant provides signed contracts for both affected properties. To account for potential delays in obtaining signatures from both property owners, additional time has been reserved on April 14,2015. Attachments: 1. Draft Ordinance to Approve ZCA2014-00002 2. Draft Annexation Contract (Janet Zeider and Richard Zeider) 3. Draft Annexation Contract (Sohee Anderson and Scott Anderson) 4. Email from Carrie Brickey;February 20, 2015 2 of 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 15- AN ORDINANCE APPROVING THE SUMMIT RIDGE 5 ANNEXATION (ZCA2014-00002), CONSISTING OF THREE PARCELS OF LAND APPROXIMATELY 5.34 ACRES IN SIZE, AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held public hearings on February 10 and March 17, 2015, to consider the annexation of 5.34 acres of land consisting of Washington County Tax Map (WCTM) 2S109DB,Tax Lot 1700 and portions of tax lots 1702 and 1800, located southerly of 13020 and 13100 SW Summit Ridge Road, and withdrawal of said parcels from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on February 10,2015;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 Sheriffs Patrol District and Washington County Urban Roads Maintenance District;and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the Tigard City Council passed Resolution 15-07 to extend the 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 voluntarily annex until February 2016 per Oregon Administrative Rule (OAR 150- 222.111); and ORDINANCE No. 15- Page 1 WHEREAS, the applicant has presented signed annexation contracts for additional land located at 13020 and 13100 Summit Ridge Road,consisting of Washington County Tax Map 2S109DB,Tax Lots 1701 and 1801; 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, along with the executed annexation contracts, substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A," "B," and "C" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" dated January 26, 2015 and Memorandum to Mayor Cook and City Council dated March 10, 2015 as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "D" and the Memorandum 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 by law, and providing notice to utilities. SECTION 5: The Tigard City Council hereby authorizes the phasing in of increased property taxes over a three-year period at the rate of 33 percent, 67 percent, and 100 percent per Oregon Administrative Rule (OAR 150-222.111) for the subject annexation. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. ORDINANCE No. 15- Page 2 SECTION 8: The Tigard City Council hereby authorizes the City Manager to counter-sign and implement annexation contracts with Janet and Richard Zeider, and Sohee and Scott Anderson, as attached hereto as Exhibit"F" and Exhibit "G" respectively. PASSED: By vote of all Council members present after being read by number and title only,this day of ,2015. Cathy Wheatley, City Recorder APPROVED:By Tigard City Council this day of ,2015. John Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 15- Page 3 ATTACHMENT A AliEENGINEERING FORESTRY,LLC 12965 Road,SW Herman Roaad,Suite 100,Tualatin,OR 97062 AKS Job#4105(503)563-6151 F (503)563-6152 ENGINEERING&FORESTRY OFFICES IN: TUALATIN,OR • VANCOUVER,WA- SALEM,OR EXHIBIT A A tract of land located in the Southeast One-Quarter of Section 9,Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon and being more particularly described as follows: Beginning at the northeast corner of Lot 12 of the Plat of"Woodside No. 2",thence along the north line of said Lot 12 North 88°13'18" West 126.43 feet to a point; thence North 01°14'29"East 43.50 feet to a point on the westerly extension of the northerly right-of-way line of SW Pine View Street (25.00 feet from centerline); thence along said westerly extension of said northerly right-of-way line North 88°45'31" West 277.28 feet to a point on the east line of Lot 10 of the Plat of"Woodside"; thence along said east line and the east line of Lot 11 of said Plat North 01°15'46"East 542.01 feet to a point;thence South 88°45'31"East 125.82 feet to a point; thence North 01°15'46" East 29.99 feet to a point;thence South 88°45'31" East 277.71 feet to 5/8 inch iron rod with a yellow plastic cap inscribed "ALPHA ENG. INC."at the northwest corner of Lot 112 of the Plat of"Summit Ridge No. 2",and the City of Tigard City Limits; thence along the west line of said Plat and said City Limits South 01°14'45" West 616.68 feet to the Point of Beginning. The above described tract contains 5.34 acres, more or less. 10/23/2014 ANNEXATION GEH IIFIED REGISTERED BY f PROFESSIONAL LAND SURVEYOR OCT 2 8 2014 nitalaik- WASHINGTON COUNTY A &T OREGON CARTOGRAPHY JANUARY 9, 2007 NICK WHITE 706521.5 / RENEWS: 6/30/16 ATTACHMENT B EXHIBIT B A TRACT OF LAND LOCATED IN THE SE 1/4 OF SEC. 9, T2S, ANNE T)pvEpTI OF TIGARD, WASHINGTON COUNTY, OREGON Nr .BY �y--1G OCT 2 8 '014 I I "SUNNI T W SHINGTON C.. ; T RID NO• I" CARTOGR i�: - - _SW SUMMIT RIDGE STREET I s w iE TIGARD 7-. I w c, CITY LIMITS * SUMMIT 1 RIpGi I�° ^ m DN. DN. J o 2014-050873 2014-050870 II o in > I S88'45'31'E 277.71' TIGARD LOT 11 I • CITY LIMITS I Cl)0 S88'45'311 S0115146NW 29.99' _ , pW000s�" 125.82' I SW KOSTEL I o LAE AREA: 4J1 I z N N 5.34 ACRESf co 1 = N Lo ON c° o z W 2014-050874 c.° .11110T. " I = DN. t° 2 E5 2 2014-050871 3 o RI 1 3 = 8-2 m� O Ol ZS Z T J1 ¢ ZE Z W ODSIDE — _ 0 D SW BLAB. W o °w $ z° " DN. "' WALNUT C.D - LOT 10 POINT OF f S,T:iEE I jJ "N* -0 2014-050875 BEGINNING c, N8$45'31'W NE CORNER o 0 4 0 t 277.28' LOT 12 t r / DN. 2014-050875 _L ° / SW-PINE VIEW z: N01'14'29'E 43.50' N8813'18$Y1 s (41 STREET 10/23/2014 G��',Q 126.43' 0 REGISTERED 1 "W0005/DE -.1 PROFESSIONAL NO 2" LOT 12 11GARD LAND SURVEYOR / CITY LIMITS Alkitot— PREPARED FOR VENTURE PROPERTIES SUMMIT RIDGE NO.S OREGON 4230 SW GALEWOOD ST, DRAWN BY:MSKICRECKED BY:AHHIDwc:4105ANNEX Ike: 4105 JANUARY 9, 2007 SUITE 100 AKS ENGINEERING & FORESTRY, LLC NICK WHITE LAKE OSWEGO, OR 97035 12965 SW HERMAN RD 70652LS SUITE 100 RENEWS: 6/30/16 TUALATIN, OR 97062 www.aks-eng.com P AB HONE: 503.563.6151 FAX: 503.563.6152 3,‘,1(.1 .9 a ,...- „r � 2 1 03Q= 2S 1 09DB m P. 7:7 0 , .... } v tr •c f ,Arc 1 nab=n 1P ,u ;+ ' �� ' Ir Ao®mss® - 23-67 '� HAZELCREST 23-741 = ® ii f 111111111111112 ¢ ` 2 111/11111 WASHINGTON COUNTY OREGON .�. 0 e B M 91W1148E11l SECTION OB T28 e7W WM. IN1111 Egli > CC 6CAlF 7"-100',i,,...111011:111111111:*:, _ e,.c R .."^Eti"'YA !...177.,: Ai 011113121111�D�D:e:: '°' SW SUMMIT RIDGE STREET Syl/ SUMMIT ;if iCICICIDCICI::7:::j CIU 6 DD©©DR;::: IlltilIMIM ro F .e.I i ,m i ^ d '� „ _ fOAAe9llloNAL MPS Y1910eM WEYSRf At 23-78 > E 0. <ANE^:1 - t iL u k BoL%ii a. J 71 :f �n c) t, ,, X71 K• T AN C Iodise I dada ' ••. GrvNwlT .For 2910941 CO Sill g ; . :.. ,. BLACK TAE T 13 'Tr P '4 illilla 1 4 76: 1:: 1CP .1.°-T I.4.fl'7--- t CAM. -„� PLOT DATE.October 03,2074 mil I k ORASSESSMENI PURPOSES ONLY DO NOR USE. ... . .. ....,.......... Il / FORO NOr USE ,,...yIa I nom,.,„, , „,..,.,....,. ...,„...,....... 1 ,,,,,,. i I TIGARD 2S 1 09DB 2S 1 09DB I I I AFTER RECORDING RETURN TO: Kenny Asher City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 This space provided for recorder's use. ANNEXATION CONTRACT CONSENT TO ANNEXATION AND WAIVER OF REMONSTRANCE Recitals A. Janet Zeider and Richard Zeider("Owners")are the Owners of the real property (the"Property") located at 13100 SW Summit Ridge Street,Tigard, Oregon(Washington County Assessor's Map No. 2S109DB,Tax Lot 1701) legally described in the attached and incorporated Exhibit 1. B. As of the date shown below,Owners are entering into a written Annexation Contract-Consent to Annexation and Waiver of Remonstrance("Annexation Contract")with the City of Tigard("City"). Agreement NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Owners and City hereby agree as follows: 1. Pursuant to ORS 222.173(1), Owners hereby waive the one year period for effectiveness of the Annexation Contract and consent to annexation. City and Owners agree that this Annexation Contract shall allow the City to complete annexation of the Property on the fourth anniversary of the earlier date shown below,or thereafter at the sole discretion of the City, or before the fourth anniversary of the date shown below upon Owners' written request to the City. 2. Owners waive any right to remonstrate against annexation of the Property to the City of Tigard. 3. This waiver is a material inducement to the City to enter into the Annexation Contract. Page 1 —Annexation Contract 50014-36794 @BCL @740FD17BIS/3/9/2015 4. This Annexation Contract,including the agreement,consent, and waivers, shall run with the land, shall be recorded in the Deed Records of Washington County, and all terms and conditions contained herein shall be binding on all heirs, executors, administrators, assigns, and other successors-in-interest to the above-described Property 5. If any provision of this document is held to be invalid or unconstitutional by any court of competent jurisdiction or preempted by federal or state regulations or law, such provision shall be deemed separate and independent of the document and such holding or preemption shall not affect the validity of the remaining provisions. 6. This Annexation Contract is not intended as any limit on the City of Tigard's lawful authority under its adopted regulations to take action on Owners' application by approval, denial, or approval with conditions,or to take any other lawful action relating to the application. 7. Owners and City agree that no dedication of real property to the City by Owners nor any public improvements by Owners are required by City until such time as the Property is annexed to the City and such dedication or improvements are required by a final land use or limited land use decision necessary to redevelop the Property. 8. If suit, action,judicial review, arbitration,bankruptcy proceeding or any other type of proceeding is instituted to enforce or interpret this Annexation Contract,the prevailing party shall be entitled to recover, in addition to costs, such sum as the court may adjudge reasonable as attorney fees and, in the event of appeal or review, as allowed by the appellate court or body. DATED this day of , 2015. OWNERS CITY, an Oregon municipal corporation By: By: Name: Janet Zeider Name: Its: By: Name: Richard Zeider Mailing Address: Telephone Number: [Acknowledgements continue on next page] Page 2—Annexation Contract 50014-36794 @BCL©740F017816/3/9/2015 STATE OF OREGON ) )ss. County of ) The foregoing instrument was acknowledged before me on ,2015, by Janet Zeider NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF OREGON ) )ss. County of ) The foregoing instrument was acknowledged before me on , 2015, by Richard Zeider NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF OREGON ) ) ss. County of ) The foregoing instrument was acknowledged before me on ,2015, by as of the City of Tigard. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 3—Annexation Contract 50014-36794 @BCL @740FD17BIS/3/9/2015 EXHIBIT 1 LEGAL DESCRIPTION AUAKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#4105 P.(503)563-6151 F:(503)563-6152 ENGINEERING&FORESTRY OFFICES IN: TUALATIN,OR - VANCOUVER,WA - SALEM,OR EXHIBIT A Legal Description Adjusted Document Number 2014-050873 A tract of land located in the Southeast One-Quarter of Section 9,Township 2 South,Range 1 West,Willamette Meridian,Washington County, Oregon and being more particularly described as follows: Beginning at a 1-1/4 inch iron pipe at the southeast corner of Lot 10 of the Plat of"Woodside", thence along the east line of said Plat North 01°15'46"East 582.90 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR."and the True Point of Beginning;thence continuing along said east line and the northerly extension thereof North 01°15'46"East 279.02 feet to a 3/4 inch iron pipe on the southerly right-of-way line of SW Summit Ridge Street (variable width right-of-way);thence along said southerly right-of-way line South 88°00'47" East 202.02 feet to a 5/8 inch iron rod inscribed"ALPHA ENG. INC." at the northeast corner of Document Number 2014-050873;thence along the east line of said Document Number South 01°15'46"West 246.39 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR.'; thence North 88°45'31"West 76.18 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR.";thence South 01°15'46 West 29.99 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR."; thence North 88°45'31"West 125.82 feet to the True Point of Beginning. The above described tract of land contains 1.23 acres,more or less. 10/08/2014 REGISTERED PROFESSIONAL LAND SURVEYOR AOREGON ii. JANUARY 9, 2007 NICK WHITE 70652LS RENEWS: 6/30/16 Exhibit 1 50014-36794 @BCL @740FD17BIS/3/9/2015 AFTER RECORDING RETURN TO: Kenny Asher City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 This space provided for recorder's use. ANNEXATION CONTRACT CONSENT TO ANNEXATION AND WAIVER OF REMONSTRANCE Recitals A. Sohee Anderson and Scott Anderson("Owners") are the Owners of the real property(the "Property") located at 13020 SW Summit Ridge Street,Tigard, Oregon (Washington County Assessor's Map 2S109DB, Tax Lot 1801) legally described in the attached and incorporated Exhibit 1. B. As of the date shown below,Owners are entering into a written Annexation Contract-Consent to Annexation and Waiver of Remonstrance("Annexation Contract")with the City of Tigard("City"). Agreement NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein,the Owners and City hereby agree as follows: 1. Pursuant to ORS 222.173(1),Owners hereby waive the one year period for effectiveness of the Annexation Contract. City and Owners agree that this Annexation Contract shall allow the City to complete annexation of the Property on the fourth anniversary of the earlier date shown below, or thereafter at the sole discretion of the City, or before the fourth anniversary of the date shown below upon Owners' written request to the City. 2. Owners waive any right to remonstrate against annexation of the Property to the City of Tigard. 3. This waiver is a material inducement to the City to enter into the Annexation Contract. Page 1 —Annexation Contract 50014-36794 @BCL @E81686A91S/3/9/2015 4. This Annexation Contract, including the agreement,consent, and waivers,shall run with the land, shall be recorded in the Deed Records of Washington County, and all terms and conditions contained herein shall be binding on all heirs, executors, administrators, assigns, and other successors-in-interest to the above-described Property. 5. If any provision of this document is held to be invalid or unconstitutional by any court of competent jurisdiction or preempted by federal or state regulations or law, such provision shall be deemed separate and independent of the document and such holding or preemption shall not affect the validity of the remaining provisions. 6. This Annexation Contract is not intended as any limit on the City of Tigard's lawful authority under its adopted regulations to take action on Owners' application by approval, denial,or approval with conditions,or to take any other lawful action relating to the application. 7. Owners and City agree that no dedication of real property to the City by Owners nor any public improvements by Owners are required by City until such time as the Property is annexed to the City and such dedication or improvements are required by a final land use or limited land use decision necessary to redevelop the Property. 8. If suit,action,judicial review, arbitration,bankruptcy proceeding or any other type of proceeding is instituted to enforce or interpret this Annexation Contract,the prevailing party shall be entitled to recover,in addition to costs, such sum as the court may adjudge reasonable as attorney fees and, in the event of appeal or review, as allowed by the appellate court or body. DATED this day of , 2015. OWNERS CITY, an Oregon municipal corporation By: By: Name: Sohee Anderson Name: Its: By: Name: Scott Anderson Mailing Address: Telephone Number: [Acknowledgements continue on next page] Page 2 Annexation Contract 50014-36794 @BCL @E61686A91S/3/9/2015 STATE OF OREGON ) ) ss. County of ) The foregoing instrument was acknowledged before me on , 2015, by Sohee Anderson NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF OREGON ) ) ss. County of ) The foregoing instrument was acknowledged before me on , 2015, by Scott Anderson NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF OREGON ) )ss. County of ) The foregoing instrument was acknowledged before me on , 2015, by as of the City of Tigard. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 3 —Annexation Contract 50014-36794 @BCL @E81686A91S/3/9/2015 EXHIBIT 1 LEGAL DESCRIPTION Acs AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 P:(503)563-6151 F:(503)563-6152 AKS Job#4105 ENGINEERING&FORESTRY OFFICES IN: TUALATIN,OR - VANCOUVER,WA - SALEM,OR EXHIBIT D Legal Description Adjusted Document Number 2014-050870 A tract of land located in the Southeast One-Quarter of Section 9,Township 2 South, Range 1 West,Willamette Meridian,Washington County, Oregon and being more particularly described as follows: Beginning at a 5/8 inch iron rod with a yellow plastic cap inscribed"ALPHA COM. DEV."at the southeast corner of the Plat of"Summit Ridge No. 3",being on the southerly right-of-way line of SW Summit Ridge Street(variable width right-of-way); thence along the west line of the Plat of"Summit Ridge"and the west line of the Plat of"Summit Ridge No. 2", South 01°14'45" West 243.77 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"ALPHA ENG. INC." at the northwest corner of Lot 112 of the Plat of"Summit Ridge No. 2";thence North 88°45'31" West 201.53 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR."on the east line of Document Number 2014-050873;thence along said east line North 01°15'46"East 246.39 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"ALPHA COM. DEV."on the said southerly right-of-way line;thence along said southerly right-of-way line South 88°00'47"East 201.48 feet to the Point of Beginning. The above described tract of land contains 1.13 acres,more or less. 10/08/2014 REGISTERED PROFESSIONAL LAND SURVEYOR 46;11dft OREGON JANUARY 9, 2007 NICK WHITE 70652LS RENEWS: 6/30/16 Exhibit 1 50014-36794 @BCL @E81686A91S/3/9/2015 John Floyd From: Carrie Brickey<carriebrickey @gmail.com> Sent: Friday, February 20, 2015 10:12 AM To: John Floyd; Kenny Asher Subject: Summit Ridge No. 5 Annexation Hello Mr. Asher and Mr. Floyd- I wanted to thank you for your very thorough report and presentation on February 10th at the Public Hearing. The meeting was very informative for me. I was not very well educated on the annexation process prior to this, and it was helpful for me to learn about the unincorporated islands that are in Tigard. I am hoping that there have been some productive meetings with Venture properties since February 10th, but I am also hopeful that the City stays true to what I see as the mission, and ensuring the 2 homes on Summit Ridge are part of the annexation. I still hold my original stance that I feel strongly that there needs to be at least a North and West(or South West) exit from the new subdivision. I believe it was very deliberate by Venture properties and the homeowners that the county lines were changed to 1)not include those 2 homes on Summit Ridge in the annexation and 2) that the property line was changed for the home on 133rd. I do not believe that had anything to do with his pool, and had everything to do with preventing the City from developing 133rd as a useable public street that could access Beef Bend. Venture properties stated at the hearing that they had developed Summit Ridge 1-4, and many other subdivisions in Tigard. Quantity does not necessarily mean quality. Again,thank you for the time and due diligence that you have put into this, and your thorough report. As a citizen of Tigard, I appreciate it very much! Have a good weekend, Carrie Brickey 12998 SW Pine View Street t AI S-2096 3. Workshop Meeting Meeting Date: 03/17/2015 Length (in minutes): 45 Minutes Agenda Title: Continued Discussion on Infrastructure Financing Prepared For: Toby LaFrance Submitted By: Norma Alley, City Management Item Type: Update, Discussion, Direct Meeting Type: Council Staff Workshop Mtg. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Continued discussion of Parks and Transportation System Development Charges (SDCs). STAFF RECOMMENDATION / ACTION REQUEST Staff is seeking direction from Council on policy issues related to System Development Charges (SDCs) for Parks and Transportation. Direction is needed to prepare materials for an April 28, 2015 public hearing to consider adoption of SDCs. KEY FACTS AND INFORMATION SUMMARY Staff has been reviewing ways to finance Tigard's future system infrastructure (streets, water, sewer, storm, parks and public facilities systems) over the last year. This effort is being done for citywide purposes, in concert with the River Terrace Infrastructure Funding Strategy. On December 16, 2014, Council adopted the River Terrace Infrastructure Funding Strategy, representing the financial toolbox for funding needed infrastructure in River Terrace. Many of the adopted recommendations need Council action to implement. Included in that strategy are System Development Charges (SDCs) for Parks and Transportation. Council discussed the SDC proposal in a workshop on February 17, 2015. The city currently has a citywide Parks SDC and the funding strategy recommends an update as well as the creation of an area-specific Parks SDC for River Terrace. The city does not have its own Transportation SDC, but uses the Washington County Transportation Development Tax (TDT) for a similar purpose (to fund transportation system needs as a result of growth). A citywide Transportation SDC provides additional needed resources to help build and improve roads. The funding strategy recommends that Tigard create a citywide Transportation SDC and develop a River Terrace specific Transportation SDC. At the February 17, 2015 workshop, Council provided staff with direction on the following: 1. Tigard will establish a new Transportation System Development Charge (TSDC) will be based on Option 1A from the presentation. This option is based on the adopted recommendation set in the River Terrace Infrastructure Funding Strategy. The Citywide TSDC will be set at a discounted amount and there will be a River Terrace TSDC that is charged in River Terrace in addition to the Citywide TSDC. Over the next 20 years, this development charge will produce approximately $46 million in revenues. While all options presented will not fully fund all transportation projects over the next 20 years, the discount resulted in $420 million in project costs over the next 20 years that will need to be funded by other resources than the SDC. 2. The existing Parks SDC will be updated and will be based on Option 1A from the presentation. This option is based on the adopted recommendation set in the River Terrace Infrastructure Funding Strategy. The Citywide Parks SDC will be set at a discounted amount and there will be a River Terrace Parks SDC that is charged in River Terrace in addition to the Citywide TSDC. Over the next 20 years, this will produce approximately $60 million in revenues. The discount resulted in $5 million in project costs over the next 20 years that will need to be funded by other resources. 3. When discussing the credit policy for the River Terrace TSDC, there are three impact areas: the amount of the credit, the amount of the River Terrace TSDC, and the amount of the other funding sources. Council determined that they did not want to increase the $420 million in project costs over the next 20 years. This means that any increase in credit will need to be offset by an increase in the River Terrace TSDC paid by developers. 4. Council asked for additional information and time for discussion on: •A reimbursement Parks SDC •The credit policy on the River Terrace TSDC (will the city offer credit for what is developed, and if so,what is the structure of the credit •Comparison of Tigard's proposed SDCs with other SDCs in the area. Since the workshop on February 17, staff has stayed on schedule and has advertised the SDC methodology. The advertisement was made in time to meet the required 60 days prior to the April 28, 2015 hearing on the SDCs, This workshop will present Council with information and time to discuss the two items listed above plus a third policy issue that staff has identified. The presentation is attached to this AIS and will present Council with methodology/policy decisions, including: 1. A discussion of the purpose and use of a reimbursement portion of of the Parks 2. Credit policy offerd to develops who build city facilities. Will the city have a standard policy where developers receive credit for the portion of the facility that is more than the local portion required for their development? Or will the developer receive an additional credit to include all (or part) of the local portion resulting in either a higher fee to make up for the lost revenue or more unfunded projects? 3. A comparison of SDCs in the area. The comparison is for the Portland Metro area and includes SDCs on a single family home, including infrastructure SDCs for: Parks, Sewer, Storm, Water, and Transportation (split into the Washington County Transportation Development Tax &TSDC,where applicable). 4• Information on and a discussion of Transit Oriented Development and how this can create a discount on the TSDC. Staff and the city's SDC rate consultants, FDC Group will need guidance from Council about its desired direction on these policy areas in order to remain on schedule. After this workshop, one remaining task is to prepare for the April 28, 2015, hearing to adopt SDC methodology, policies, procedures and fees. OTHER ALTERNATIVES Council can request additional information from staff and consultants prior to providing direction on the SDC methodology. This will result in a delay in implementing the SDCs. Council could propose no action on implementing SDCs. The result of no action is that funding for infrastructure does not keep up with growth. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Infrastructure Financing Project (River Terrace and Citywide) •Council briefing •SDC notice and methodology • Council hearing DATES OF PREVIOUS CONSIDERATION 05/20/2014 - River Terrace Funding Strategy Introduction 06/17/2014 - River Terrace Preliminary Funding Strategy and Parks and Transportation System Plan Addenda Briefing 07/08/2014 - Infrastructure Financing Project (River Terrace & Citywide) Discussion 08/12/2014 - LCRB award to FCS Group for Infrastructure Financing Study 09/23/2014 - River Terrace Draft Funding Strategy Briefing 10/21/2014 - River Terrace Draft Funding Strategy Plan Briefing Follow-up 12/16/2014 - River Terrace Funding Strategy Adoption 02/17/2015 - Parks and Transportation SDCs Workshop Attachments Presentation VIM. II City Tigard of • . „,,...„.____ . TIGARD System � . Development g 10,,, _ t Char es for Parks 4 , and Transportation"� `J , ,. ,.. Council Workshop IkAL- . .`" March 17, 2015 • GROUP Solutions-Oriented Consulting imprA, inimummill ♦♦i • Presentation Agenda 1 . SDC Reimbursement Fees for Parks 2. Transportation SDC Credit Policies 3. Discounts for Transit-Oriented Development 4. Discussion and Direction FCS GROUP Page 2 • ••i •• 1 . SDC Reimbursement Fees Reimbursement - Improvement System Development Fee Fee Charge Eligible value of Eligible cost of unused capacity planned capacity in existing increasing facilities facilities • • • • per unit of Growth in system Growth in system capacity capacity demand capacity demand Reimbursement SDCs provide a means to collect fees for unused capacity in existing system from future users of the system FCS GROUP •�>) Why Consider a Parks Reimbursement SDC? 1 • Future residents et the benefit of utilizing parks and trails that were 9 gp paid for by existing residents • Tigard did not have any excess capacity in its parks and trails until recently • Reimbursement fee revenue helps address overall funding needs for providing parks and trails Existing parks and trails get more crowded by future residents and users 1 ) J w S 1 \L ‘16.4 ' —_— .�••a� l ` j } r , �ta� ' _ --.11,...i.;..... ......... _ ._. , •■111-ftt nY� k. „ e FCS GROUP ••4,• • Parks SDC-r : Wh y Now? Tigard did not have any unused capacity in its Parks System before recent bond program • Now Tigard's parks facilities have $13.5 M in excess capacity • SDC Method deducts bond principal and non-local grants from fee basis so development and residents do not pay more than they should • This supports per capita SDC-r fees citywide of $502 per resident and $132 per job Equates to SDC-r fee of $1,278 per new SFD and $951 per new multifamily dwelling unit -ors .` FCS GROUP , °,, Page 5 Parks SDCs : Current and Proposed SDC Current Ti'and Parks&Trails SDC g ' Current Residential SDC per capita S 2.753 SDC per single family dwellling $ 6.451 SDC per multifamily dwelling $ 5.156 Non-residential SDC per employee $ 446 SDC-i(after discount)* Total SDC(after discount) River River Terrace Citywide Terrace _ Tr.' •:tea SDC-r Citywide Overlay Total Total Residential SDC per capita $ 399 S 2.281 S 983 S 2.681 $ 3.664 SDC per single family dwellling $ 1.017 $ 5.807 $ 2.502 $ 6,824 $ 9,327 SDC per multifamily dwelling $ 766 $ 4.372 $ 1.884 $ 5,138 $ 7,022 Non-residential SDC per employee $ 105 $ 705 $ 810 $ 810 Source: derived from prior tables. SDC-r=reimbursement fee; SDC-i = improvement fee. * Includes compliance fee. FCS GROUP •: • 2 . Transportation Credit Policy Issues Tigard can adopt credit policies within River Terrace that impact credit value and SDC amounts, such as: Maintaining the current practice established with TDT Applying a credit policy that allows 100% credits for construction of collectors and arterials by developers Creating a hybrid policy 1 Current Tigard I 2 North Bethany 3 Hybrid sue. Practice Practice Approach Credit for exceeding "local development 100%credit for actual cost Allow 75% to 100% max requirements" of new collectors credit on RT Blvd. cost FCS GROUP Page 7 Potential Transportation SDCs by Credit Policy Option* Credit Policy Option Total TSDC per new dwelling (avg.)** Assumptions for River Terrace River Terrace Rest of Cit Notes Developers pay for"local A: TDT Credit Policy $5,497 $5,000 street" portion of RT Blvd. ($8.7M) B: 75% Credits allowed for $6.5 Million Added to SDC $8,234 $5,000 Cost Calculation for River River Terrace Blvd. Terrace C: 100% Credits allowed $8.7 Million Added to SDC $9,146 $5,000 Cost Calculation for River for River Terrace Blvd. Terrace *Other credit policies may be considered (e.g., vary credits allowed based on the proposed development's traffic impact on River Terrace Boulevard. ** SDC calculations shown include $273/dwelling reimbursement fee plus improvement and administration fees. FCS GROUP =� Page 8 .4•• Comparison of SDCs per New Single Family Detached Home Draft River Terrace SDCs shown Draft Options $45,000 r 8.revised—_ include potential existing ci td �8 as $40,000 citywide tyw ey ti , reimbursement , ,;__ N — SDCs $35,000 r SDCs^b improvement & ----- $30,000 �'� =+ administration $25,000 111111111111 fees s2°," +- 11 111111111111 111 $35,000 11 1 11 1111 111 River Terrace s' ' 11 1 1111 111 Options include 3 $5'°°° � 1111111111111111 11 credit policy \s)1 b‘‘&,r\ os, e a,F\ ,F\ ab\ ,\oa c`acb\r `egoc �\5e �,`e mere Q�a46 a\+5� a\�,�� x`�v S,oe�o a`e a' `0e`r `' `a¢e\oQ`p- \oQ`oc \oQ`e o`o\a� variations o 0� ,� e e 5p a o ,a 1 �r discussed earlier ray\ ,0,00 ,tea �,e'' Q,�. ��e, so, Vie' So aka .z 6 6 •Parks ■Sewer •Storm ■Water •Transport(TDT) •Transport(SDC) FCS GROUP 3. SDCs for Transit-Oriented Development City's can reduce SDCs for development that results in lower demand on the transportation system Downtown Tigard has potential for reduced vehicle trips given great transit access and access to retail/services Improves financial viability of mixed-use higher density projects 0110410(44 sop i • yr: Sample image of transit oriented development FCS GROUP Page 10 _. .4 Potential SDC Approaches for TODs Potential TSDC Where Policy Reduction Basis Reduction Requirement Used 1.Status Quo(TDT Independent traffic Varies for each Must be approved by Most cities method) study development SDC administrator and counties Varies depending Gresham, Modeled trip SDCs established by 2. Reduce/Vary SDCs in upon planned Portland, reduction levels by district per designated areas facilities and trip Vancouver, District growth Methodology Report etc. Metro RTP models of 3. Discounts in Applies to any Centers and designated areas baed on Typically 15-20% development within Oregon City transit service levels Corridors;adopted designated area in local ordinance 4. Discounts in Modeled gradation Applies to any designated areas based of discounts; development that on development Typically 15-40% Happy Valley adopted in local meets mix/density scale/mix&transit service levels ordinance thresholds Other policies may be considered as long as they comply with ORS 223.297 to 223.314 FCS GROUP - Page 11 • • 4 . Discussion and Direction • Now seeking direction regarding: • Desire to Establish a Parks Reimbursement SDC • Direction regarding TSDC Credit Policies • Direction regarding TOD Discount Policies • SDC Adoption Hearing in April FCS GROUP Page 12 i Contact FCS GROUP: Todd Chase Oregon Branch Manager 503.841 .6543 ext. 12 www.fcsgroup.com •:;> FCS GROUP Solutions-Oriented Consulting AIS-2152 4. Workshop Meeting Meeting Date: 03/17/2015 Length (in minutes): 35 Minutes Agenda Title: Continued Discussion on the Street Maintenance Fee Submitted By: Toby LaFrance, Financial and Information Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE On January 27th, 2015,city staff updated Council about public and business outreach on the Street Maintenance Fee and the Pavement Management Program. Staff also brought five policy issues forward for Council to consider in the study session. During the study session, Council had time to consider four of the five areas. STAFF RECOMMENDATION / ACTION REQUEST The purpose of this workshop is to affirm the direction provided January 27th and discuss the remaining policy areas. After discussion, staff asks Council for direction on next steps. KEY FACTS AND INFORMATION SUMMARY What follows is the text from the January 27th Agenda Item Summary. The text is updated with Council Direction. Recently, the city sought input on the Street Maintenance Fee (SMF) and Pavement Management Program (PMP). The input came from two surveys geared to gain business and residential customer perspectives. The two surveys produced over 140 responses, with over 60 residential responses and over 80 business responses. The raw results of the surveys are in two documents attached to this AIS. A summary comparison of the results is also attached. Based on prior discussions and the results of the survey, staff has identified policy questions with recommendations and is seeking input from Council on future direction. As a reminder, the current SMF is $6.12/month/residence (residential) and $1.38/month/minimum required parking space (business). It has been approximately five years since the current SMF and PMP have been revised by Council. Policy Question #1: Should the SMF be set with a goal to improve, hold, or downgrade the Pavement Condition Index (PCI)? What PCI should be set as the city's goal of the PMP? Staff Discussion and Recommendation: The current SMF funds the PMP at a level that has successfully maintained Tigard's PCI. Based on the 2013 annual report from staff, the PCI has increased from 67 in 2009 to 70 by the end of 2013. The recent public surveys reflect the results, where over 85% of respondents noted that street conditions have remained the same, or improved, since 2003. Additionally, over 70% of respondents do not support a decrease in the PCI, even though it would require an increase in the SMF over time. The 2014 annual report from staff noted the growing backlog of streets in poor condition, representing approximately 14% of the total miles of Tigard street. At the current fee level, Tigard will not be able to decrease this backlog. Staff estimates that the cost to pave the backlog is $11 million. An increase of$1 million per year in SMF revenue represents a fee increase of approximately 50%, which would allow the city to pave the backlog streets over the next 11 years. That would equate to an approximate monthly fee for residential customers of $9.18/month and $2.07/month/minimum required parking space for businesses. Staff recommends increasing the SMF by approximately 50% to permit the city to gradually decrease the backlog of streets in poor condition and gradually improve the overall PCI. With the increase in the SMF, staff recommends a goal of achieving zero backlog and a PCI of 82 by the year 2025. Council Direction #1: Council set a direction to get rid of the backlog and set a PCI goal of 82. Council still needs to determine if they are in favor of the recommended ten-year timeframe. Policy Question #2: Should the city continue to fund the current program of right-of-way (ROW) maintenance on arterials and collectors in the amount of$100,000/year paid as part of the SMF by residents only? Should the program be expanded to right-of-way maintenance in commercial areas and costs shared by commercial businesses? Should the program include state and county streets, such as Highway 99W? Staff Discussion and Recommendation: The ROW portion of the fee is used to maintain areas along major streets that would otherwise likely not be maintained (such as along arterials behind residential properties). Durham Road is an example. Existing revenue is only adequate to maintain existing improved areas on city arterials and collectors. However, with the construction of landscaped medians and planters along major roads such as Highway 99W, Main Street, and River Terrace Boulevard, the need for ROW maintenance is increasing. The public surveys show that less than 20% of respondents believe that ROW maintenance should be funded with an alternate source, thereby indicating that most respondents support the SMF funding of this program. The surveys also probed deeper into who should pay, and for what service? Currently, only residential customers pay for ROW maintenance. Over 70% of those residential customers and over 50% of the business customers who responded to the survey felt that businesses should pay for some of the ROW maintenance. Of the respondents who favor businesses paying for some of the ROW maintenance, slightly more than half responded that businesses should pay for ROW maintenance on commercial streets only. Staff recommends adjusting the SMF for commercial customers to pay for ROW maintenance on commercial streets. An increase of 9-10% (to about $1.51/month/minimum required parking space)in the commercial fee would produce approximately $50,000 for ROW maintenance on streets in commercial areas. Council Direction: Yes. Add $50,000 to ROW maintenance paid by commercial customers. Policy Question #3: When paving work is done on a street, the adjacent sidewalk curb ramps are required by law to be brought up to current ADA standards. Section 15.20.020(K) of the Tigard Municipal Code (INC) states that for puposes of the SMF funding, repair or replacement of existing sidewalks is not included. In light of this code language, the concern was raised during the council discussion on October 22, 2013 about whether SMF can be used for the required sidewalk curb ramp retrofits. Should the TMC be changes to allow the use of SMF for sidewalk ramp retrofits when done in conjunction with PMP work? Staff Recommendation: Staff recommends that Section 15.20.020(K) of the TMC be clarified to permit the use of SMF on work required by law to be done with paving work, including sidewalk curb ramp retrofits. The other available funding sources (Gas Tax, City Gas Tax, and General Fund), are all under significant demands with declining fund balances. The cost of the design and construction of the curb ramps varies depending on the number of ramps associated with each street, from about $200,000 to about $500,000 per year, or about 10% to 25% of the PMP costs. Staff seeks Council's preference on whether that should be paid out of the existing SMF, through a SMF increase, or from another source (with a corresponding reduction in projects funded from that source). Council Direction: Council did not discuss this policy question due to a lack of time. Policy Question #4: Currently, the source of the SMF revenue is about 1/3 commercial and 2/3 residential. This is mostly based on PMP cost shares by road type set in the TMC. Is the current share of residential/commercial fair and adequate? If not, what changes should be made? Staff Discussion and Recommendation: Both survey results clearly show a belief that residential customers should not pay a greater share than they currently pay. Respondents to the business survey overwhelmingly (over 70%) think that the current split is correct. Respondents to the residential survey feel almost as strongly (over 60%) that commercial customers should pay a larger share. Staff recommends a targeted approach to increase the share paid by commercial customers. Based on the recommendation on ROW maintenance, commercial customers would pay a greater percent overall, but the shares for the PMP set by road type in TMC would remain the same. Council Direction: Council did discuss this issue. Equity questions around the share and the impact on small businesses were areas of concern. Council tabled this area for future discussion. No direction was provided. • Policy Question #5: Should required parking (as a proxy for trip generation) remain the means of distributing the commercial share of the PMP program to businesses? Should we maintain the cap on maximum parking spaces? Staff Discussion and Recommendation: Staff recommends continuing the use of minimum required parking as the means of distributing the commercial share of the PMP program to businesses. Respondents to the business survey did not have a clear preference on the subject of the cap; however, there is a small majority that is in favor of increasing the cap. Staff recommends an increase of the cap to the 325 spaces mentioned in the survey. Due to the additional administrative staff time involved, staff does not recommend phasing in the increase over a five-year period. Please note that any significant changes to the methodology would necessitate significant staff time (and costs) to implement the change. If Council wishes to phase in the increase, staff recommends a two-step phase in. If the cap was raised as suggested, small businesses would see a very small decrease (1 - 2 cents/month/minimum required parking spaces). Larger businesses would see an increase based on the difference between the current 250 space cap and their requirement under the new 325 cap. Council Direction: Council directed staff to raise the cap. There was discussion of removing the cap entirely. In the February 5th Council News, staff provided Council with the requested information on who is impacted by the cap and by how much under a new cap of 325 spaces or no cap. That memo is attached to the MS. Council needs to decide how much to raise, or remove, the cap. OTHER ALTERNATIVES Council can instruct staff that the current program and funding is adequate and no further Council discussion is needed. Further, the Council could consider the policy questions differently, such as using a different basis for calculating the fee. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION October 22, 2013 - Regular report on the Pavement Management Program and Street Maintenance Fee January 27, 2015 - Study Session on community outreach and discussion on fee policy. Attachments Business Survey Residential Survey SMF Survey Summary 2014 Post Paving Report 2014 Post Paving Report Maps Discussion from October 22,2013 Council Meeting Minutes TMC Section 15.20 Street Maintenance Fee SMF Outreach Report Memo on SMF Parking Space Cap Impact City of Tigard Street Maintenance Fee Survey I Tigard's PMP is designed to maintain streets in their current condition. If the cost to maintain streets increases, which of these options would you prefer? Keep the fee at its curre... Set the fee at the amount... Adjust the fee 14,« ,fj# i *r t„ to allow for... lr i r ' E 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Keep the fee at its current amount even if it means reduced pavement conditions. 24.10% 2() Set the fee at the amount necessary to maintain current conditions. 33.73% 28 Adjust the fee to allow for improved pavement conditions over time. 42.17% 35 Total 83 1 /8 City of Tigard Street Maintenance Fee Survey Q2 The street maintenance fee that funds the PMP began in 2003. On a scale of 1 to 5, what changes have you noticed since 2003? Answered 78 Skipped 9 (no label) 0 1 2 3 4 5 Worse (no label) No Change (no label) Much Improved Total Average Rating (no label) 5.13% 2.56% 47.44% 37.18% 7.69% 4 2 • 7 29 E 74 IQ 2 / 8 City of Tigard Street Maintenance Fee Survey Currently, a portion of the street maintenance fee paid by residential customers is used to maintain certain rights-of-way (such as new street medians on Pacific Highway/99W). How do you think right-of-way maintenance should be funded? Part of the fee paid by... Part of the fee paid by... u r'ia, Keep the '��t� lr ^` current fee... ` 1.7# ri fit Fund right-of-way... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Part of the fee paid by business customers should help fund right-of-way maintenance. 15.85% 1 3 Part of the fee paid by business customers should help fund right-of-way maintenance,but only in commercial areas. 36.59% 3(J Keep the current fee structure:right-of-way maintenance should be funded solely by residential customers. 24.39% 21 Fund right-of-way maintenance with an alternate funding source. 23.17% 0 Total 84 3 / 8 City of Tigard Street Maintenance Fee Survey The current fees established by City Council are:-- Residential: single family / multi-family (per unit) = $5.83 per month-- Business: per minimum required parking space = $1.31 per space, per monthResidential customers fund about 2/3 of the program or about $112,000 per month. Business customers fund about 1/3 of the program or about $56,000 per month. Does that seem like a fair split to you? Answered:83 Skipped:4 No,the program shou... No,business customers... Yes,leave the current spli... No,business customers... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses No,the program should be funded entirely by residential customers. 4.82% 4 No,business customers should fund less than the 1/3 they are currently funding. 4.82% 4 Yes,leave the current split;residential customers fund 2/3 of the program,business customers fund 1/3 of the program. 72.29% 60 No,business customers should pay more than the 1/3 they are currently paying. 18.07% 5 Total 83 4 / 8 City of Tigard Street Maintenance Fee Survey The fee structure for business customers is based on a minimum of 5 required parking spaces, and is capped at a maximum of 200 parking spaces. (Businesses with more than 250 parking spaces currently are not charged for any additional parking spaces they may have.) Do you think the maximum should: Answered: 81 Skipped:E Stay the same, capped at 250. Be raised to a maximum of 3... Be the same as !„ � _",'7"7.1,:.73 the required... . Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Stay the same,capped at 250. 28.40% 23 Be raised to a maximum of 325 spaces,but the fee would be phased in at 15 spaces per year over the next 5 years. 30.86% 25 Be the same as the required number of parking spaces with no cap. 19.75% 16 Other(please specify) 20.99% 17 Total 81 Other(please specify) Date 1 above 200 pay 1/2 fee per space 9/21/2014 12:01 PM 5 / 8 City of Tigard Street Maintenance Fee Survey 2 You don't give us enough information.Where are those minimum 5 spaces per business downtown where you 9/19/2014 11:25 AM just eliminated a bunch of spaces(and trees)to"improve"downtown?And are those on public land or private land?And does that deter businesses from moving into Tigard because there's not enough parking spaces to be had,yet they pay taxes on those spaces?Are multiple businesses paying taxes for the same public spaces so they're not getting what they're taxed on?The quality of life in a city is the responsibility of the people who want to live there-so they should foot most of the bill UNLESS Tigard allows new businesses like Wal-Mart into the area that pave over large wetlands tracts.At that point the quality of life diminishes through no fault of the citizens so they should have to fund the streets for Wal-Mart shoppers coming from other towns.Ultimately,you're asking us for an opinion without giving us sufficient information regarding those required parking spaces.who provides them,where they have to be,where you came up with the required quantity,and who would be affected by a change. 3 Thanks for using our tax dollars to completely mess up hwy 99-I would be inclined to NOT ever vote for an 9/18/2014 4:33 PM increase ever again due to what you have done to 99.Luckily our business was not affected by the fact that very few turns can now be made off of 99,but if I was a business(like the starbucks,subway,taco bell etc...)that can no longer get traffic from the other direction I would be pissed as heck.The WalMart was a bad addition,the traffic is horrible now,and people are very confused by the change in traffic pattern.I see near accidents every day. 4 Are you kidding.There should be no discount for large lots.That penalizes teh small businesses that Walmart is 9/18/2014 4:03 PM trying to put out of business.Raise the fee on them this year.THey can afford it and impact the traffic more than small offices/retail operations.We just don't have lobbiests or lawyers to protect us from taxes. 5 Stay the same,capped at 250.but levy a surcharge to Tigard businesses that 1)own and operate heavy trucks 9/18/2014 2:19 PM and/or 2)receive goods more than x times per week using 18 wheel rigs. 6 We are not an"open door"commercial business.The only parking spaces utilized are associated with our 3 9/18/2014 1:35 PM employees.We are already being charged in excess of our requirement.If the City of Tigard can associate traffic maintenance with commercial activity then those'big box"type facilities and those"big box"type occupants are receiving commercial benefit from those parking spaces in excess of 250 should pay an equitable share of taxes. 7 I personnally do not think funding is spent properly now,so I have a problem agreeing with any funding increase 9/18/2014 1:30 PM with the planning personell currently in place. 8 maximum changed to 100 parking spaces.Encourage large businesses to come to the area and supply more 9/18/2014 12:31 PM jobs! 9 I recently moved my business from the City of Portland/Multhnomah Cty.If you handle the street fees the same 9/18/2014 12:10 PM way they do your in big trouble.Property taxes,fuel taxes,business licences fees,street fees seem like your getting enough.Do what business do when they must to keep going,cut costs internally,Maybe you can make a $50,000+dollar police car last more than 3 years.Maybe? 10 It seems as if big stores like Washington Square,Costco,Target,etc.should pay proportionately to their traffic. 9/15/2014 6:07 PM They are often visited by large trucks,which probably wear the roads more than cars.Charging the large stores, which draw visitors from outside Tigard,seems like a good way to recover costs from non-residents who use our streets. 11 The large capacity parking spaces are mainly owned by global corporations.They should be picking up the lion's 9/13/2014 11:34 AM share of street maintenance in general.Raise the limit infinitely. 12 #3-alternative funding should be to remove big-box parking spaces cap.Their proportionately larger traffic draw 9/11/2014 11:37 AM has an impact on the roadways and rights-of-way more than what they are currently paying in street maintenance fee.#5-Be the same as the required number of parking spaces with NO cap. 13 It is hard to understand why businesses(especially larger ones)would be given a huge break with a cap of 200 9/9/2014 10:19 PM spaces when those businesses drive a major portion of the traffic.Washington square,winco,Costco,Walmart, target and Fred Meyer to name a few.The small struggling businesses do not get any breaks and are expected to pay their share.What about a per space fee that slides(lower)as they number of spaces increase as a break for the larger retailers as an alternative. 14 It is hard to understand why businesses(especially larger ones)would be given a huge break with a cap of 200 9/9/2014 10:19 PM spaces when those businesses drive a major portion of the traffic.Washington square,winco,Costco.Walmart, target and Fred Meyer to name a few.The small struggling businesses do not get any breaks and are expected to pay their share.What about a per space fee that slides(lower)as they number of spaces increase as a break for the larger retailers as an alternative. 6 / 8 City of Tigard Street Maintenance Fee Survey 15 Need more information about the effect of any change as it relates to what the COT needs to maintain and 9/8/2014 10:56 AM improve streets.Part of this is>What is collected now and current outgo/shortfall?What are immediate projects between now and next summer that have been funded?What needs to be done that funding is not available for in the next couple years?When will any increase be implemented?How are new sidewalks paid for and where are they being installed in the next year? 16 I was going to go with the second option but if you do the math you only end up with 275 spaces.You would need 9/8/2014 10:52 AM to do 25 a year for 5 years to get to 325. 17 fund should be paid by residential customers 9/8/2014 10:47 AM 7 / 8 City of Tigard Street Maintenance Fee Survey Check this box if you would like a Tigard city staff person to contact you. Please provide your name and the best way to contact you. Thanks! A��6WEa 8iJ 9"! klpiWd. /a Responses Date 1 As a small business owner,I would have no problem paying a higher fee.Except that the"right of way 9/22/2014 1:17 PM improvement"was NOT an improvement to my business at all.Hwy 99 is still congested and I've lost sales due to the lack of access to my store. 2 Thomas Rogers rogerst5450 @yahoo.com 9/21/2014 12:01 PM 3 No where to put comments here,but as a growing small business in located in Tigard for the past 11 years,the 9/19/2014 11:17 AM traffic congestion and the time it takes us to transit the Tigard/Greater Washington County area is getting very long.I am disappointed that I do not see long range solutions for transiting Washington County through and around Tigard ready for implementation.I was appalled that the citizens of Tigard voted to"handcuff'officials in the area of transportation planning.My long range planning includes,unfortunately,looking at relocation options out of the Tigard Triangle area to other parts of the Metro area where traffic congestion issues may be better addressed.Thank you,Kim Prosser Precision Door Service(503)784-4852 4 David Aldridge 503-639-2340 9/18/2014 3:35 PM 5 Brian H.Smith,Northwest Demolition&Dismantling 9/18/2014 3:18 PM 6 and where is the check for this box?Looks like you don't want this option exercised. 9/18/2014 1:35 PM 7 Williamb @orwasubway.com 9/18/2014 1:17 PM 8 The survey indicates the number of miles of roads maintained by Tigard.but does not indicate if they are 9/15/2014 6:07 PM residential streets or commercial roadways.Nor does the survey indicate whether Tigard maintains key roadways such as Hwy 99 and Hall Blvd,which I suspect are state roads.Some respondents may mistakenly judge the state of Tigard roads by the state of Hall Blvd,which has needed reworking for as long as I can remember.Also, I don't understand the question about street medians and right-of-way on 99W.Maybe in the next survey provide a link to a page with more information. 9 Yes,I would like to stay in the loop concerning this issue.My name and best contact is Laura Sadowski- 9/11/2014 11:37 AM lauras@plaidpantry.com 10 Gordon Fiddes,resident and business owner in Tigard for over two decades gordon @imagerestoration.com 9/8/2014 1:33 PM 11 Do Not follow the Davis/Bacon Act.Have the job done at half price! 9/8/2014 12:53 PM 12 Mike Stevenson,business owner,B&B Print Source,503-314-4201 cell,happy to talk if you'd like opinions. 9/8/2014 12:17 PM 13 STEVE RICHMOND-CALL @ 503-639-1106 MON-FRI BETWEEN 2:00 PM-4:00PM 9/8/2014 11:21 AM 8 / 8 1/12/2015 Street Maintenance Fee Survey-Responses I SurveyMonkey Street Maintenance Fee Survey Tweet g+ Share share 111 Question Sumaries 66 responses Q1 42 days(December 02. 2014-now) Tigard's PMP is designed to maintain streets in good condition. If the cost to 15 views maintain streets increases, which of these options would you prefer? Answered:63 Skipped:3 Keep the fee at its curre... Set the fee at the amount... Adjust the fee to allow for... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Keep the fee at its current amount$5.83(with no adjustment for inflation)even If it means 28.57% reduced pavement conditions. .. Set the fee at the amount necessary to maintain current conditions(5%inflation 38.10% adjustment each year means$9.50 per month in 2025) Adjust the fee to allow for improved pavement conditions over time($8.57 per month 33.33% beginning in 2016,5%Inflation adjustment means$13.30 in 2025) ai Q2 The street maintenance fee that funds the PMP began in 2003. On a scale of 1 to 5, what changes have you noticed since 2003? Answered:61 Skipped: (no label) 0 1 2 3 4 5 https://www.surveymonkey.com/restlts/SM-HTYRW6MV/ 1/5 1/12/2015 Street Maintenance Fee Survey-Responses I SurveyMonkey Worse (no No (no Much label) Change label) Improved acerag= (no label) 8.20% 8.20% 40.98% 31.16% 11.48% ?` 19 7 Q3 Currently, a portion of the street maintenance fee paid by residential customers is used to maintain certain rights-of-way (such as along Durham Road). How do you think right-of-way maintenance should be funded? Answered:63 Skipped:3 Part of the fee paid by... Part of the fee paid by... Keep the current fee... Fund III right-of-way... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Part of the fee paid by business customers should help fund right-of-way maintenance. 47.62% Part of the fee paid by business customers should help fund right-of-way maintenance, 25.40% but only in commercial areas. Keep the current fee structure:right-of-way maintenance should be funded solely by 19.05% residential customers. Fund right-of-way maintenance with an alternate funding source that may increase fees or 7.94% decrease services elsewhere. ' dl Q4 There are medians and landscaped rights- of-way that are on state and county roads (such as the new medians on Pacific Highway/99W). If council considers the use of city resources to fund median and right- of-way landscape maintenance on state or county roads would you prefer: Answered:63 Skipped:3 https://www.surveymonkey.com/results/SM-HTYRW6MV/ 2/5 1/12/2015 Street Maintenance Fee Survey-Responses I SurveyMonkey Use of existing... Increasing the right-of-way... Increasing the } 1f41 Street q z i • The city not assume... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Use of existing resources even if it means reduced funds for pothole repairs,street sign 7.94% work,and striping maintenance. Increasing the right-of-way maintenance component of the current Street Maintenance 0.00% Fee,reducing the portion of the funds available for pavement maintenance. Increasing the Street Maintenance Fee to ensure enough revenue is collected to fund the 19.05% additional maintenance responsibility. 12 The city not assume responsibility for median and right-of-way maintenance on state and 73.02% county roads. qh Total Q5 The current fees established by City Council are:--Residential: single family/ multi-family (per unit) = $5.83 per month-- Business: per minimum required parking space (as a proxy for trips generated by the business) = $1.31 per space, per monthResidential customers fund about 2/3 of the program or about$112,000 per month. Business customers fund about 1/3 of the program or about$56,000 per month. Does that seem like a fair split to you? Answered:62 Skipped.4 https://www.surveymonkey.com/results/SM-HTYRW6MV/ 3/5 1/12/2015 Street Maintenance Fee Survey-Responses I SurveyMonkey No,the program shou... No,business customers... Yes,leave the current spli... No,business customers... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses No,the program should be funded entirely by residential customers. 1.61% t No,business customers should fund less than the 1/3 they are currently funding. 0.00% 3 Yes,leave the current split;residential customers fund 2/3 of the program,business 37.10% customers fund 1/3 of the program. 23 No,business customers should pay more than the 1/3 they are currently paying. 61.29% 38 T;tat 62 Q6 Any other comments? Answered:29 Skipped:37 I've long thought that the taxes I pay to the city in every other form,should pay for street maintenance as well.I have not understood why the budget couldn't be balanced without adding another fee to pay for something that should fall under that arena.When monies fall short..you cut your'wants'.And you don't punish the citizenry with cutting the most obvious painful thing out of spite.We at have figured out in one way or another how to balance our own budgets. 1/11/2015 8:48 AM Are the the streets maintained by city employees or private contractors?5%inflation sounds a lot more than 1.7%.My SS gives me 1.7%a year.Wally Hadden 1/2/2015 4.30 PM Our neighborhood streets are redone every year.This past year,our main access street into our neighborhood was torn up and repaved.Sidewalks were also replaced in certain areas.None of this was needed.The street conditions were totally fine.I believe that Tigard is looking for a way to spend money on street even when it's not necessary.I'd like to see the reasoning for applying blacktop to our neighborhood streets every year-they are completely acceptable,no potholes.no cracks.etc. 1/2/2015 1'00 PM Stop light rail or brt and the city wont need more money...stop wasting our money... 1/2/2015 12.02 PM Q7 Would you like city staff to contact you? If yes, please provide your name and the best way to contact you. Answered:9 Skipped:57 https://www.surveymonkey.com/results/SM-HTYRW6MV/ 4/5 1/12/2015 Street Maintenance Fee Survey-Responses I SurveyMonkey wallyort @comcast.net 1/2/2015430 PM Why bother the politicians have an agenda and wont listen anyway...they never listen to citizens... 1/2/2015 1202 PM Please keep me updated!Carter Kruse,you know my email. 12/18/2014 11.08 PM Josh(971)301-3894 idea generator and full-time marketer.Thanks for asking Tigard may not be the best run city I have lived in,but you are trying and that is fantastic. 12/18/2014 200 PM Why bother... 12/16/2014 7:30 PM They wont listen anyway. 12/10/2014 130 PM Why so they can lie to us on the phone?Why bother? https://www.surveymonkey.com/resuits/SM-HTYRW6MV/ 5/5 iswel • 5 Tigard Ci City. Council invites your ideas .„. ' about street maintenance funding > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Responses to Street Maintenance Fee Survey — Residential These results represent responses to the survey from the residential community.The survey was posted on the city's website,and was advertised through social media and the Cityscape newsletter. More than 60 responses were received. (Results are as of January 8,2015. This survey closes January 15, 2015.) 1. Tigard's PMP is designed to maintain streets in good condition. If the cost to maintain streets increases, which of these options would you prefer? ❑ A. Keep the fee at its current amount $5.83 (with no adjustment for inflation) 26.23% (16) even if it means reduced pavement conditions. ❑ B. Set the fee at the amount necessary to maintain current conditions (5 percent 39.34% (24) inflation adjustment each year means$9.50 per month in 2025). ❑ C. Adjust the fee to allow for improved pavement conditions over time ($8.57 per 34.43% (21) month beginning in 2015, 5 percent inflation adjustment means $13.30 in 2025.) Total responses = 61. More than 73 percent of residential respondents support increasing the fee to at least maintain current conditions, nearly 40 percent to maintain current conditions,and 34 percent to improve pavement conditions over time. 2. The street maintenance fee that funds the PMP began in 2003. On a scale of 1 to 5,what changes have you noticed since 2003? Worse No Change Much Improved ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 8.47% (5) 8.47% (5) 40.68% (24) 32.20% (19) 10.17% (6) Total responses = 59. Weighted average = 3.27. Slightly more than 40 percent of respondents have noticed no change in pavement condition over time but less than 17 percent said that pavement conditions are worse. 3. Currently, a portion of the street maintenance fee paid by residential customers is used to maintain certain rights-of-way(such as along Durham Road). How do you think right-of-way maintenance should be funded? ❑ A. Part of the fee paid by business customers should help fund right-of-way 49.18% (30) maintenance. ❑ B. Part of the fee paid by business customers should help fund right-of-way maintenance, but only in commercial areas. 26.23% (16) ❑ C. Keep the current fee structure: right-of-way maintenance should be funded 18.03% (11) solely by residential customers. ❑ D. Fund right-of-way maintenance with an alternate funding source that may 6.56% (4) increase fees or decrease services elsewhere. Total responses = 61. Slightly more than 40 percent of respondents think businesses should help fund right-of-way maintenance with another 26 percent supporting business funding part of right-of-way maintenance in commercial areas. 4. There are medians and landscaped rights-of-way that are on state and county roads (such as the new medians on Pacific Highway/99W). If council considers the use of city resources to fund median and right-of-way landscape maintenance on state or county roads would you prefer: ❑ A. Use of existing resources even if it means reduced funds for pothole repairs, 8.20% (5) street sign work and striping maintenance. ❑ B. Increasing the right-of-way maintenance component of the current Street 0.00% (0) Maintenance Fee, reducing the portion of the funds available for pavement maintenance. ❑ C. Increasing the Street Maintenance Fee to ensure enough revenue is collected 19.67% (12) to fund the additional maintenance responsibility. ❑ D. The city not assume responsibility for median and right-of-way maintenance on 72.13% (44) state and county roads. Total = 64. Answered = 61. Skipped =3. More than 72 percent of respondents don't think the city should assume responsibility for median and right-of-way maintenance on county roads, but nearly 20 percent of respondents think street maintenance revenue should be increased to fund the additional maintenance responsibility. 5. The current fees established by City Council are: • Residential: single family/ multi-family(per unit) =$5.83 per month • Business: per minimum required parking space (as a proxy for trips generated by the business) = $1.31 per space, per month Residential customers fund about 2/3 of the program or about$112,000 per month. Business customers fund about 1/3 of the program or about$56,000 per month. Does that seem like a fair split to you? ❑ A. No, the program should be funded entirely by residential customers. 1.67% (1) ❑ B. No, business customers should fund less than the 1/3 they are currently funding. 0.00% (0) ❑ C. Yes, leave the current split; residential customers fund 2/3 of the program, 38.33% (23) business customers fund 1/3 of the program. ❑ D. No, business customers should pay more than the 1/3 they are currently paying. 60.00% (36) Total = 64. Answered =60. Skipped =4. More than 30 percent of respondents support the current split but 60 percent of respondents think businesses should pay more than the current 1/3 split they are currently paying. Responses to Street Maintenance Fee Survey — Business Group This survey was emailed to 1006 business email addresses.The list was a compilation of the Tigard Area Chamber of Commerce email list,the city's business customer list and Lloyd Purdy's business contact emails. The survey was open from September 3 through 23, 2014,and received 87 responses. 1.Tigard's PMP is designed to maintain streets in their current condition. If the cost to maintain streets increases,which of these options would you prefer? ❑ A. Keep the fee at its current amount even if it means reduced pavement conditions. 24.107% (20) ❑ B. Set the fee at the amount necessary to maintain current conditions. 33.737% (28) ❑ C. Adjust the fee to allow for improved pavement conditions over time. 42.177% (35) Total = 83. Answered = 83. Skipped = 0. Nearly 76 percent of business respondents support paying more to at least maintain current conditions with 42 percent willing to pay more to allow for improved conditions over time. 2. The street maintenance fee that funds the PMP began in 2003. On a scale of 1 to 5,what changes have you noticed since 2003? Worse No Change Much Improved ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 5.13% (4) 2.56% (2) 47.44% (37) 37.18% (29) 7.69% (6) Total = 87. Answered = 78. Skipped = 9. Average rating= 3.40. More than 40 percent of respondents noticed no change in pavement condition and just over 32 percent noticed some improvement. 3. Currently,a portion of the street maintenance fee paid by residential customers is used to maintain certain rights-of-way (such as new street medians on Pacific Highway/99W). How do you think right-of-way maintenance should be funded? ❑ A. Part of the fee paid by business customers should help fund right-of-way 15.85% (13) maintenance. ❑ B. Part of the fee paid by business customers should help fund right-of-way 36.59% (30) maintenance, but only in commercial areas. ❑ C. Keep the current fee structure: right-of-way maintenance should be funded 24.39% (20) solely by residential customers. ❑ D. Fund right-of-way maintenance with an alternate funding source. 23.17% (19) Total =87. Answered = 82. Skipped = 5.The largest percentage (36.59%) support business customers funding part of the right-of-way maintenance but only in commercial areas. Another 24.39%support keeping the current funding structure and 23.17%support funding right-of-way maintenance with an alternate funding source. 4. The current fees established by City Council are: • Residential: single family/multi-family(per unit) = $5.83 per month • Business: per minimum required parking space = $1.31 per space, per month Residential customers fund about 2/3 of the program or about$112,000 per month. Business customers fund about 1/3 of the program or about$56,000 per month. Does that seem like a fair split to you? ❑ A. No, the program should be funded entirely by residential customers. 4.82% (4) ❑ B. No, business customers should fund less than the 1/3 they are currently funding. 4.82% (4) ❑ C. Yes, leave the current split; residential customers fund 2/3 of the program, 72.29% (60) business customers fund 1/3 of the program. ❑ D. No, business customers should pay more than the 1/3 they are currently paying. 18.07% (15) Total = 87. Answered =83. Skipped =4. More than 72 percent of respondents support leaving the current split. Slightly more than 18 percent support business customers paying more. 5. The fee structure for business customers is based on a minimum of 5 required parking spaces, and is capped at a maximum of 250 parking spaces. (Businesses with more than 250 parking spaces currently are not charged for any additional parking spaces they may have.) Do you think the maximum should: ❑ A. Stay the same, capped at 250. 28.40% (23) ❑ B. Be raised to a maximum of 325 spaces, but the fee would be phased in at 30.86% (25) 15 spaces per year over the next 5 years. ❑ C. Be the same as the required number of parking spaces with no cap. 19.75% (16) ❑ D. Other(please specify). 20.99% (17) Total = 87. Answered = 81. Skipped =6. There was not majority support for any of the options presented. The highest support at 30.86 percent is to raise the cap over a five year period. Next, at 28 percent is to keep the current cap in place.Just under 21 percent marked other and made comments. Residential and Business Survey Response Comparison • Both groups are willing to pay more to at least maintain current conditions. • The highest percentage, (around 40 percent), in each group have noticed no change in pavement condition over time. • Nearly 50 percent of residential respondents think businesses should help fund right-of-way maintenance. The largest percentage (36.59 percent) of businesses support businesses helping to fund right-of-way maintenance but only in commercial areas. • More than 72 percent of business respondents support leaving the current fee split,while 60 percent of residential respondents think businesses should pay more. 1111 ' ,1 ileAtt ate• .._ City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Paving Report For 2014 e This report outlines the paving and pavement preservation work completed in T I G A It D 2014 and lists the actual,anticipated, and budgeted expenses for fiscal years 2013- 14 and 2014-2015. The Tigard Public Works Department is responsible for the maintenance of 152 miles of paved streets. Maintenance of the paved surface of these streets is primarily accomplished by the Pavement Management Program(PMP) which is funded by the street maintenance fee (SMF). The maintenance strategy for each street varies depending on the adjoining land use,age,average daily volume,heavy vehicle traffic,and character of that street. Accomplishments for 2014 Pavement projects completed in 2014 by Tigard's Pavement Management Program(PMP) are summarized in the following table and the pavement overlays are shown on the attached map (Attachment A). Project 2014 Pavement 2014 Pavement Overlays Crack Seal Street Length Completed 3.4 miles 16 miles Area Completed (sf) 530,000 2,700,000 Cost (Includes Design and $1,450,000 $230,000 Inspection) Cost Per Mile $426,000 $14,000 Cost Per Square Foot $2.74 8 cents Staff was able to accomplish other paving work using SMF funds in 2014 in coordination with other capital projects including: • Additional pavement thickness on the Main Street project • A pavement overlay of Electric Street in conjunction with the Main Street project • A pavement overlay of a portion of Barrows Road in coordination with the City of Beaverton Some additional paving was completed by other projects (Main St,Derry Dell, and Walmart). The remaining funds each year are spent sealing cracks in street pavement,and on pavement inspections and inventory(the source of the Pavement Condition Index or PCI). The Pavement Condition Index (PCI' Pavement condition is measured by the PCI,with zero being the poorest condition(total pavement failure) and 100 being the best condition (just constructed pavement).PCI factors include pavement condition, cracking,pavement distress,weathering, structural strength,and smoothness of ride. Post-2014 Paving Report Page 1 Tigard Street Network Condition 2014 has seen the average PCI of Tigard's city streets increase from 70.0 at the end of 2013 to 70.5 at the end of 2014. This was better than the PO of 70.1 projected a year ago. The PMP's recent investment in preventive maintenance (slurry sealing and sealing cracks in pavement) and strategically timed paving of busy streets (before significant deterioration occurs) have allowed the city to more effectively counter the normal effects of pavement deterioration. Previous Council Action and the Street Maintenance Fee (SMF) Pavement maintenance is primarily funded through the City's SMF,a monthly user fee dedicated to the maintenance of existing roadways in Tigard. The fee was recommended by a citizen task force and established by Ordinance No. 03-10 in November 2003. Council revisited the SMF in 2009 and 2010. Recognizing funding constraints and the difficulties of raising revenue in a recession, Council adopted Resolution No. 10-01 which: 1. Established a long-term PCI goal of 72 to 75.Based on cost estimates,the Council quickly recognized that the level of adopted funding would not be adequate to get to a PCI of 75 and set an interim goal to "hold the line" by maintaining an average PCI of at least 67. Beyond this point, streets require more extensive reconstruction prior to paving,which results in substantially higher street maintenance costs. 2. The ordinance also directs that the SMF be adjusted for inflation. Fee amounts are adjusted based on the methodology originally adopted in Ordinance 10-01,updated in Ordinance 13- 06 to a composite of 85 percent of the Engineering News Record (ENR) Construction Cost Index for Seattle,which measures general construction and labor cost,and 15 percent of the Oregon Monthly Asphalt Cement Material Price,which measures asphalt prices and parallels fuel prices. These percentages approximate the percentage cost of a typical project that matches the labor or material price measured by the index. This inflation adjustment increased the fee by 5 percent on January 1,2015. Current SMF levels,as they appear in the City's 2014-2015 Master Fees and Charges Schedule,are as follows: Effective Dates 2014 2015 Residential(Per House or Unit) $5.83 $6.12 Commercial and Industrial $1.31 $1.38 (Per Required Parking Space) Note that the fee for commercial and industrial properties is calculated based on the number of parking spaces that would be required by TMC 18.765 if that building were constructed today(as an approximation of the traffic generation of the site),which is often different from the number of spaces in the existing parking lot. Recent Paving History Attachment B is a map showing the paving projects that have been completed in the past six years. Pavement overlays have been completed on 20 miles of streets and slurry seals on 64 miles of streets. More than half of Tigard's city street network has been paved or slurry sealed since 2008. Post-2014 Paving Report Page 2 In order to maintain the overall street network in the best possible overall condition, street maintenance work has focused on three main priorities: 1. Crack sealing on major streets to reduce future deterioration. 2. Slurry seals and crack sealing on residential streets. These treatments are a cost-effective way to counter weathering,which is the primary cause of deterioration of lower-volume residential streets 3. Pavement overlays on major corridors. Streets have been prioritized for paving based on their traffic volumes,the cost-effectiveness of a paving project,and the anticipated deterioration that would occur if the street waits another year for paving. These priorities are reflected in the following graph: Pavement Condition Index by Functional Class 80.0 ax, 75.0 .a c 70.0 --__ __. —. —► - - —Arterial Collector c 65.0 v —Commercial/Industrial 60.0 — --- -- —Residential m —Overall - 55.0 50.0 2008 2009 2010 2011 2012 2013 2014 The graph below shows Tigard's systemwide average PCI at the end of each paving season,and compares the actual PCI to those forecast when the SMF changes were adopted in 2010. Citywide Pavement Condition by Year 85.0 80.0 - -- -- 75.0 — ...- --- - - . 70.0 ;:- 65.0 --- 60.0 — 55.0 — 2006 2007 2008 2009 2010 2011 2012 2013 2014 Forecast PCI for Fee Levels Adopted 1/5/10 Actual Through 2013 _ I Post-2014 Paving Report Page 3 The PCI at the end of the 2014 paving season is 70.5,which is better than the 67.1 forecast in 2010, and better than the 70.1 forecast in 2013.Attachment C is a map showing the pavement condition of Tigard's streets. Curb Ramp Retrofits (Required by Americans with Disabilities Act) The Americans with Disabilities Act(ADA) requires that when a street is reconstructed,the curb ramps adjacent to that street must also be reconstructed or retrofit to meet ADA standards. These ramp retrofits are not required in conjunction with maintenance activities. Tigard,like many other local agencies considered pavement surface treatments and overlays to be maintenance activities, since their primary purpose is to maintain the existing paved surface. However, in the fall of 2013, clarifying notice was received from the Federal Highway Administration that pavement overlays do trigger the ADA requirement for ramp retrofits. As a result,Tigard's 2014 pavement overlay project included the retrofit or addition of 50 curb ramps in accordance with ADA standards. The approximate cost of these ramp retrofits was about$250,000,which is about 17 percent of the total project cost. These requirements are anticipated to continue,and may necessitate a higher percentage of project costs if overlays are done on streets with a higher number of ramps. Paving Backlog There are many local streets (both residential and commercial) in Tigard on which the pavement condition has deteriorated beyond the level at which most preventive maintenance treatments can be effective. These streets need more extensive repairs such as pavement overlay and rehabilitation. In pavement management terms,these are called backlog streets. The graph below shows how this backlog has grown in recent years,but is starting to level off. Backlog - Mileage of Poor Pavement 25.0 20.0 — 15.0 — 10.0 -- _ 5.0 0.0 2008 2009 2010 2011 2012 2013 2014 •Mileage of Poor Pavement(PCI<50) Post-2014 Paving Report Page 4 There are approximately 22 miles of these backlog streets in the Tigard city street system that need paving. This is approximately 14 percent of our total street mileage. The cost to pave these streets would be approximately$11 million. It is anticipated that the amount of this backlog will remain at about this level now that the SMF increase passed in 2010 is fully phased-in,assuming that revenues and asphalt prices remain relatively consistent,and assuming no additional unfunded mandates affect the program. Additional funding would be necessary to restore these streets to good pavement condition. Finance Director's Findings The Finance Director has reviewed this report and future pavement maintenance funding requirements as identified in the PMP. Data has not changed significantly from what the Council considered after the 2009 paving season. Actual revenue collections for fiscal years 2012-2013 and 2013-2014 were analyzed and they were sufficient to meet the annual funding level set from the street maintenance plan along with the fiscal year 2014-2015 adopted budget. Completion of the SMF phase-in,along with an inflationary adjustment(s), is expected to generate sufficient revenue to fund the PMP in the coming years.The 2015-2019 PMP approved budget is as follows: Fiscal Year 2015 2016 2017 2018 2019 PMP $1,900,000 1,950,000 2,025,000 2,100,000 2,170,000 Additionally,the split between customer types was analyzed to determine if costs were equitably split when compared to revenues collected. The allocation of the costs of the five-year plan is set in TMC 15.20.050 and is summarized as follows: Road Type Percentage of Residential Percentage of Non- Allocation Residential Allocation Arterial 38% 62% Local Commercial/Industrial 0% 100% Collector 50% 50% Neighborhood/Local 100% 0% It is important to realize the fee is based on a five-year plan and that there will be variance from one year to the next where one customer group may subsidize another in any given year,the important thing is that the program costs reflect the revenues collected by customer type over the five-year period. If they do not,the TMC instructs the Finance Director to make recommendations based on this review. The following tables summarize my findings: Total 2013- Percentage of Percentage Share of 2014 PMP Total 2013 - of Expenses Based Customer Expense 2014 Expense Revenue on Revenue Class Related to SMF per TMC Collection Collected Variance Residential $1,236,112 74% 67% $1,113,214 $123,905 Non- Residential $425,394 26% 33% $548,299 ($123,905) Total $1,661,513 $1,661,513 Post-2014 Paving Report Page 5 Tigard incurred$1,661,513 in FY 2013-14 in PMP expenses related to the SMF. Based on the types of roads, (arterial,collector,etc.),that received pavement maintenance through the PMP,$1,236,112 (74 percent) of the PMP expenses should have been born by residential customers and$425,394 (26 percent) of the PMP expenses should have been born by non-residential customers. The actual revenues collected in FY 2014 have a slightly different split.Sixtyseven percent of the revenues came from the residential sector and 33 percent of the revenues came from the non- residential sector. Based on the size of the PMP and the way revenues were collected,a more equitable split would have been for$1,113,214 to come from the residential sector and for$548,299 to come from the non-residential sector. During the last year,the non-residential sector subsidized the residential sector by$123,905,or seven percent of the total PMP. The Finance Director does not find this difference to be material enough to necessitate a recalculation. Engineering staff anticipates paving a higher percentage of commercial and industrial streets,arterials,and collectors in the coming years. In the long term,engineering staff estimates that the actual paving expenses will be consistent with the residential/non-residential revenue split. Future Outlook If SMF revenue remains relatively consistent over the next few years (accounting for inflation),staff anticipates the Pavement Management Program(PMP) being able to hold the line and keep Tigard's overall average pavement condition at about its current level for the next few years. This assumes that paving cost inflation stays relatively mild(less than 7 percent annual increases) and no significant additional unfunded mandates arise that would add to the cost of paving projects. Staff anticipates the PMP continuing with the same priorities in the coming years. The program will focus on pavement overlays and pavement crack sealing in the 2015 paving season. Future years are anticipated to continue to include about 3 miles of pavement overlay projects (2 percent of the street network) and about 15 miles (10 percent of the network) of pavement crack sealing. Slurry seal projects of roughly 15 street miles per year are anticipated starting again in 2016,as the slurry seals installed in 2008 reach the end of their anticipated life and as streets paved in the early 2000s become ready for slurry seal. Attachment C is a map of tentative pavement overlay projects over the next five years. Note that significant portions of major Tigard streets are forecast to need pavement overlays within this timeframe. While the anticipated revenue would be adequate to keep the average pavement condition from getting worse,it is not anticipated to be enough to reduce the backlog of streets that need paving. Post-2014 Paving Report Page 6 : H 1 / y�� Is ra \ . // \ \ &ow t j —tee 1DWSTIT- NN: /` ,� .� � I ..w. gg F r' NORM DAKOTA ST NOH NORTH MIRTH r..O OA$T jai ' N. X , `ST \ j 2015-2019 t �' I ... Tentative it s 5 Pavement AO i 4.- t �� 'memo Management • y - Plan / Mo. 1 y\\\ Future overlay W �.� � 3! 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X11 , j �'y r ,....L.... .- , P ._ _,,..,_......... ., , , ______ t ,,,, A_,A.i 1 /// P Al f RI f F,t :,I + , Map printed at 07:12 PM on 13-Jan-15 j REPRESENT/1110110N GUUAR E AMULTIPLE S TO TIEE CEMENT CAN CCCUURACY TYELINEES OR C E/EIESS '1( 1 �� OF RS.OF TIE DATA PROVIDED DEREK T�IE CFA OF TIOARD SIMLL ASSUFE NO LJAUJIY FOR ANY j.. ERRORS,OMISSIONS.OR NACCURACES IN THE NFORMATION PROVOED REDAROUSS OF HOW CAUSED. if CAy d TlgaFd 13125SWHaNBIvd •FL•Ct I ?IGA�MAPS Tigard.OR 97223 `f3 3375 363171 a� www.tigard-oT.goV I1 Aft I). 11 Q -WE-1:R=R-D I p_ :=:_ ia-r-'\ I t: „, '0 7T------::"�'iii Asfi Ere k f 'J. _•.., 174? ,, : _,(--c- \____ ; , terra ? _r { i f 0 ;1/. .. y i� T, / 1 ;r � '� < "�. 2009 - 2a14 -�, r r� >-_ir_ I � € �� ?' Pavement 1 1 I a--i ro`` . \400° �� Overlay fyi 4 _1..,._.., r- f A - - J--1 . „., A. 1 I �� ; �i11 ra el ti _ .�.. Slurry Seal �� 1 ' CN. 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Scurry Seat■ + ` / F- ( P — s'i 1-1_-`Ni. + l ( Q ) r ..., Pavement Overlay T—+ i r-1 V ! - , r_ A R'D:E—s T -- MJC.:D►O,fV A�L�D4=S T- �`�f 2012 Pro•ec is i 1 .•. t rB V L---M:O U N TA:I N=R=D--� , n, > Scurry Seal-�......S-...%,...k... ..._._; ( � J I Q i ; I ■Pavement Overlay ' r - B OIN I TA7Re o B: 0 t ( . 2011 Projects • LL II 1 � � - , Slurry Seal to > .� * I FEL Q ' .J _ Pavement Overlay Lib II 1� �1I — - -m '2 !'= — —J �� ?.090 Pro/ects !� O J ' ! )11"412.1 GP �I _A lurry Sggal et r_ ederal Stimulus 44 �' / it Pe+�etnsnt O erl��LI er o �, .. , 2 B E E'F=B`E N =D•U:R =R.p _ I . _ 2009 Projects r I ( ( Slurry Seal t IPavement Overlay tN. 1 / Q I ) A mt n z s talal=J/r /Ales �/ slalatin chive ( 1 W tIi MAPS ' r M : 99W t 2014 Pavement jt . / Management Projects M ` 0 j •ASPHALT OVERLAY ;r (t wi 0 , •u.rIt tIPK /^.. is e SoaR� 9° e Questions? Contact: 7 Senior Project Engineer 1; V / Mike McCarthy P.E. Iltillit 4Nt i NN I 1 Fligi /1G "A�MAPS mikem@tigard-or.gov a f 503.718.2462 Iii 7 1(.A R I) I 1,.. TOM___ /' i\ Amt Date 1.7/2015 r Ij ti.r4 ri I . 9t __ 16 i 3� R s WALNUT B� O G . I . H LN sj r ,It ao 1 Gag Age 4� . 1 \., 'ECM an Z I 1 F t GAARDE ST MCDONALD.R �� -� II ♦ j !4C: — -- BULL MOUNTAIN RD r \ , .. Olt. f ate: t I I I i \ , „ seer eEND° DURHAM RO t r ; Al of " ibElahn Awe, ` ow W N. M I. 1ue/et..0,7,37 File Location W\PW-projects1Engineering\Pavemenl Major Maintenance Projects\2014\2014_PMP_OL Streets_l7e22.mxd Street Maintenance Fee - Nonresidential Properties Affected by Cap 1/27/2015 2015 Minimum Current Annual Annual Required Annual Fee with Fee with Lot No Address Customer Units Unit Type Lic_Type Spaces Cap Fee 325 Cap No Cap 11414 10200 SW GREENBURG RD LINCOLN CENTER LLC 131152 SF OFFICE 355 250 54,140 55,382 55,879 15423 10220 SW GREENBURG RD-NORTI I LINCOLN CENTER LLC 105930 SF OFFICE 287 250 $4,140 $4,753 $4,753 15422 10220 SW GREENBURG RD-SOUTH LINCOLN CENTER LLC 106536 SF OFFICE 288 250 $4,140 $4,769 $4,769 11413 10260 S\V GREENBURG RD LINCOLN CENTER 12.0 235936 SF OFFICE 637 250 $4,140 $5,382 $10,549 15424 10300 SW GREENBURG RD LINCOLN CENTER LLC: 126505 SF OFFICE 342 250 $4,140 $5,382 $5,664 3453 10445 SW CANTERBURY LN CALVIN PRESBYTERIAN 775 SEATS RELGS 130 125 $2,070 $2,153 $2,153 , 7236 10500 SW NIMBUS AVE KI3C TIGARD I(Solid Rock Church) 1600 SEATS RELGS 267 125 52,070 $2,683 $4,422 7698 11065 S\V NORTH DAKOTA ST LDS NORTH TIGARD 1010 SEATS RELGS 169 125 $2,070 $2,683 $2,799 14062 11308 SW 68TH PKWY PROVIDENCE BUSINESS SYSTEM 97514 SI: OFFICE 264 250 $4,140 $4,372 $4,372 15066 12615 SW 72ND AVE LOWE'S HARDWARE#1108 147964 SF SALES 444 250 $4,140 $5,382 $7,353 8262 11565 SW PACIFIC HWY FRED MEYER INC 00375 153452 SF SALES 461 250 $4,140 $5,382 $7,634 8548 11626 SW PACIFIC I WY TIGARD ACT III CINEMAS 380814 2840 SEATS INDOOR. 947 250 $4,140 $5,382 $15,682 7954 12909 SW 68TH PKWY PACIFIC REALTY ASSOC 99392 SF OFFICE 269 250 $4,140 54,455 54,455 16613 13221 S\'V 68TH PK\VY TRIANGLE CORP III 131590 SF OFFICE 356 250 $4,140 $5,382 $5,895 9238 13333 S\V 68TH PKWY TRIANGLE POINTE LLC 108171 SF OFFICE 292 250 $4,140 54,836 $4,836 3605 14255 SW 72ND AVE FOUGHT&CO INC 198092 SF MAN-HVY 317 250 $4,140 $5,250 $5,250 6884 14800 SW SEQUOIA PKWY HOME DEPOT#4002 140492 SF SALES 422 250 $4,140 $5,382 $6,988 6838 16100-798 SW 72ND AVE PACIFIC REALTY ASSOC 109541 SQFT INDSVCS 514 250 54,140 $5,382 58,512 8244 7500 SW DARTMOUTH ST WINCO FOODS#66754 97685 SF SALES 293 250 $4,140 $4,852 $4,852 15922 7632 SW DURHAM RD BEHRINGER-HARVARD FUNDS 95387 SQFT OFFICE 275 250 $4,140 $4,554 $4,554 5126 7855 SW DARTMOUT7-I ST COSTCO WHOLESALE V#89646-00 151459 SF SA1.RS 455 250 $4,140 $5,382 $7,535 3915 9000 SW DURHAM RD TIGARD HIGH SCHOOL 2020 ;TUDENT: SCH-SR 404 250 54,140 55,382 S6,690 8713 9009 SW HALL L BLVD TARGET STORE T-345 123636 SF SALES 371 250 $4,140 $5,382 $6,144 10427 9000 SW WASHINGTON SQUARE RD EMBASSY SUITES 384 ROOMS LODGING 384 250 $4,140 $5,382 $6,359 8233 9300 SW WASHINGTON SQUARE RD MACY'S DEPARTMENT STORE 123719 SF SALES 372 250 $4,140 35,382 $6,160 13400 9500 SW WASHINGTON SQUARE RD ] C PENNEY CO 0288-1 104812 SF SALES 315 250 $4,140 $5,216 $5,216 8235 9585 SW WASHINGTON SQUARE RD PPR WASHINGTON SQ LLC 538246 SF SAES 1615 250 $4,140 $5,382 $26,744 9445 9700 SW WASHINGTON SQUARE RD NORDSTROM#025 93437 SF SALES 281 250 S4,140 $4,653 $4,653 1979 9905 SW MCKENZIE ST ST ANTHONY CHURCH 900 SEATS RELGS 150 125 $2,070 $2,484 $2,484 Total Annual Revenue From These 29 Properties: $111,780 $138,442 $193,355 Current cap is$345 per month which is$4,140 per year A 325-Space cap would be$449 per month which is$5,382 per year Note:Non-profit organizations(such as religious institutions)pay half the fee i 1,11 " City of Tigard TIGARD Memorandum To: Mayor Cook and City Council Members From: Toby LaFrance,Finance &Information Services Director • Re: Street Maintenance Fee Date: February 4, 2015 At the Council Study Session regarding the Street Maintenance Fee, the Mayor requested information on the business addresses that are capped at 250 minimum required parking spaces. The following table displays the list of 29 addresses, their required minimum parking spaces, and how much they pay currently under the 250 space cap,under a proposal of a 325 space cap,and under a proposal without a cap. To summarize the table: • These 29 addresses provide$111,780 in SMF revenue under the current 250 space cap • Under a proposed 325 space cap, these addresses would provide an additional$26,662, bringing the total up to S138,442. With no cap on minimum required parking, these business addresses would provide $193,355,or$81,575 more than they do under the current 250 space cap. x tr I 4 � *I ey1al,. . ' lairi i T r � � H_H r \ 1\/ r r � Roads represent one of. � J the laret investments P R 0 G R A M ownl -by the City, an investment that's in need of repa; INSIDE: The igard City Council Street Maintenance Fee Update > 1 Contact Information > 1 is seeking citizen input Street Maintenance 101 > 2 about the condition of• Importance of Maintenance ) 3 What is the Street Maintenance Fee? > 6 its streets and how to Pavement Conditions > 8 protect this investment. Pavement Major Maintenance Program > 11 Future Street Maintenance Funding > 12 • Frequently Asked Questions ) 14 � Transportation Financing Strategies Task Force > 17 4rArArAre :': _ Appendix > a1 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov/input Tigard Street Maintenance Review l ° , + �"'° {, ,'' . _ -.', ,, -, > > > > > > > > > > > > > > > > > > > 4c -k ---1.-- r1 �,P. :� 1 : :,; Questions or Comments? �� • . 0 t ,Ay .e'• You can submit your comments on line! Follow the link at www.tigard-or.gov/input to * i. . + , 0 . f leave any questions,comments,or concerns _ 1C; s "� J- -' for City Council and staff.Frequently asked questions and items of interest will be posted 1 online with answers for you to review. 1 n the coming months, City Council will be revisiting our current Street Maintenance Fee Program to ensure it remains an effective tool for If you'd prefer,you can submit your comments this community's biggest investment: 148 miles o paved or questions in n writing to: safeguarding y gg f p Marissa Daniels streets that keep the people of Tigard in motion. Street Maintenance Fee Comments 13125 SW Hall Blvd Stay tuned to the Cityscape newsletter and our website for information such as status Tigard,OR 97223 updates, ways you can get involved, and street maintenance facts. marissa @tigard-or.gov www.tigard-or.gov/input Or,drop them off in the Tigard City Hall Permit Center. I Tigard City staff will be available throughout the summer to answer your questions in TABLE OF CONTENTS: person.Check the web for an updated outreach calendar. Street Maintenance 101 2 Future Street Maintenance Funding 12 Importance of Maintenance 3 Frequently Asked Questions 14 What is the Street Maintenance Fee? 6 Transportation Financing Strategies Task Force 17 Pavement Conditions 8 Appendix al Pavement Major Maintenance Program 11 City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 1 Street Maintenance 101 treets in good to excellent condition regular maintenance on busy streets, are characterized as having good riding or to repair fair/poor residential streets quality, drainage, and appearance. The 3. Major Overlay—Often used on busy total annual maintenance investment streets that have deteriorated into poor is four to five times less following condition 'NO preventative maintenance strategy than 4. Street Reconstruction—Typically h s if streets were allowed to deteriorate done only when a street's condition is L0 to poor and failed conditions requiring very poor ,�gf MEE major rehabilitation. For more information about each type of funded by the Tigard Public Works Pavement Minor Maintenance Treatments maintenance treatment,please visit our Department operating budget. The Tigard Public Works Street web site: Maintenance Division is responsible Street Lights for the maintenance of 148 miles of vvvvvt.tigard-or.gov/input Tigard's electricity bill for traffic signals paved streets, 1 mile of gravel streets, and street lights is about$500,000 per maintenance of street and traffic signs, Right-of-Way Maintenance year. It costs approximately an additional installation and maintenance of guardrails The City of Tigard currently hires a $100,000 per year to maintain the system and barricades, crack sealing, and patching contractor annually to mow roadside (replace burned-out lights, make repairs, street surfaces, maintenance of off-street grass and brush to maintain clear vision fix damage, etc.). These are paid for with bicycle paths and installation and marking. areas and minimize fire and complaint gas tax funds. activity. The City also provides debris Pavement Major Maintenance Treatments cleanup on an as-needed basis in these Sidewalks There are four main pavement maintenance areas. The City trims trees annually It is up to property owners to maintain treatments commonly used on city streets: to ensure street lights are functioning the sidewalks adjacent to their property. 1. Slurry Seal—Typically used on property. Also included in right-of-way The City maintains sidewalks adjacent good residential streets to keep them in maintenance is the maintenance of guard to City properties using funds from the good condition rails, delineators barricades, and street Public Works Street Maintenance Division 2. Asphalt Overlay—Often used as trees. This maintenance is currently operating budget. 2 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Importance of Street Maintenance Community Livability and the individual driver. As with many Economic Vitality ii ...the average American car investments, timely investments in Collectively,Tigard's 148 miles of paved owner incurs an additional $413 per routine maintenance in roads can extend roads represents one of the biggest year in operating costs because of pavement life and provide for a safer investments owned by the community. driving experience. Not only will roads Our road system is what keeps the people rough road conditionsM last longer, but repairing a failed road of Tigard in motion as they travel to can be four to nine times more expensive work, to school, to the supermarket, to truck drives on roads in poor condition, than a routine maintenance program. the mall, and to parks and open spaces. the vehicle suffers accelerated wear and With a limited amount of funds available, Unfortunately pavement deteriorates tear,increasing time and money spent at the community is better served by over time as weather wears down the top the mechanic, as well as increased fuel spending the same amount of money surface, repeated pressures of vehicle consumption and tire replacement. This maintaining a greater amount of road loading (especially from trucks and buses) problem is not unique to Tigard. A recent miles, than completely rebuilding smaller wears down the underlying pavement study by TRIP, a national transportation sections as the entire network begins to structure, and as the ground beneath the research group, found that the average fail. In other words, if we can keep good pavement settles. Smooth, long-lasting American car owner incurs an additional streets good, we can maximize the use of roads create an image of prosperity and $413 per year in operating costs because limited dollars. ensure that goods and people can move of rough road conditions. This same efficiently throughout Tigard and the report found that those living in the As demonstrated in the following world beyond. In contrast,uneven roads Portland Metropolitan Area incurred graphs, the worse a pavement condition, in poor condition not only make travel approximately$235 per year. As such, the more expensive it is to repair. For unpleasant,they incur extra costs in terms drivers in Tigard are suffering less than instance, routine maintenance and surface of time and money every time a person or the national average, but remain at a very treatments can be implemented for as little business needs to travel within the City. real risk of paying more if roads are not as $1.50 to $3.00 a square yard of roadway. maintained or repaired. This can increase dramatically to $15.00 Personal Costs a square yard to overlay the road with Individual drivers in Tigard are already Consequences of Delayed Maintenance new asphalt, and up to $90.00 a square paying extra money as a result of deferred The costs of deferred maintenance yard if the street is allowed to completely road maintenance. Every time a car or are borne by both the community and crumble, therefore needing to be rebuilt. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program >3 30-Year Pavement Maintenance Alternatives: Neighborhood Route Traffic: 1,500 Vehicles per Day Dimensions: 1,000 feet long,34 feet wide Option J _m Details verage 'ave.- Total t dition '1st 1 rdivvi IIIF 1 o 81 $81,600 Regular :5 3 Slurry o Slurry Seals o v --.•— Seals, 1 Surface Roughness; v a O Overlay Only Minor Cracks; ($454,000 Every 7 g Pavement Intact per mile) Years •• 1 Time(Years) 30 IN -I,,_y 2 0 76 $102,000 o Pavement "~--------...-____ _______ __— Surface Roughness; Overlays ' v .;._ .. a. - -. _��. ., �_. •,_...- ._.._-_ -�...��u_ ,,., ,Y_ =' Overlays 6 Some Cracking; Every 12 v Pavement Mostly ($591,000 O Years Intact per mile) p, Time Time(Years) 3 58 Wait until 1 Recon- Widespread $227,000 Pavement o structon Cracking;Potholes ($1.20 gets very at 25 Common; million Years Some Pavement bad,then Structural Weakness per mile) repave > 1 10 a Time(Years) Developing 4 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation 30-Year Pavement Maintenance Alternatives: Arterial Traffic: 12,000 Vehicles per Day Dimensions: 1,000 feet long,34 feet wide Option Maintenance Alternatives Details Average Pave- Total ment Condition Cost a 1 � 7 �~ ,.. .. 80 $168,000 Pavement j v � _--- — z-,-. Two - 3 Tw Overlays a O - Inch Surface Roughness; ($887 000 Every 10 1 Overlays Only Minor Cracks; per mile Years ! 30 Pavement Intact p mile) Time(Years) 2 co 0 74 $214,200 Pavement U _. _ Major _ 2 Major Surface Roughness; 1.13 1 q O Overlays Some Cracking; �$ Overlays million Every 15 E Pavement Mostly t7' per mile) Years 4 1 30 Intact Time(Years) 3 65 o 340,00() lc Widespread Wait until . + ,. .._-_ - ' _. .., . 4 , .. . 1 Recon- Cracking;Potholes ($1.8 Pavement u 0 struction Common; million Fails, then ,a.) — Recon- E Some Pavement per mile Structural Weakness p ) struct R. 1 (Y ) 30 Time Developing ears p' g City of Tigard Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 5 What is the Street Maintenance Fee? t► ..' ,. ,� to close the gap between local needs and Approximately 60 of those spaces are west ' .. - ,-•'" • „',. .�., increasingly stretched state dollars. By of the railroad tracks. These spaces do not .a •_.-1,16--%' _* """r,,. -•,. ' + having a locally based fee, communities are include those large parking lots that do exist ...'4-7--...;,. 7 7-..- _4� -; `�.. provided with a stable source of revenue and are presumably used by patrons of `*� `- to pay for preventative maintenance and nearby businesses. The consensus in 2003 `, * v(-w '„ repairs in a timely and efficient manner. was that the patrons of the Main Street businesses are parking somewhere to get to -r How are the rates determined? the businesses and, as such,the downtown he Street Maintenance Fee is a monthly Existing rates were set in 2004 under businesses should not be exempted from user fee designed specifically for the Council Resolution 04-12 which was the charges. maintenance of existing roads in Tigard. based on a five-year maintenance and The fee was recommended to City Council reconstruction plan. Both residential and by a Citizen task force, and established non-residential users pay the fee. Residential ii ...a property must be occupied through Ordinance No. 03-10 on users pay$2.18 per month per dwelling to be assessed the fee.J J November 18,2003. Monthly fee charges unit. Non-residential users pay$0.78 per for both residential and non-residential parking space or fueling pump station. customers are billed and collected through These fees generate$800,000 a year for Exceptions the City's bi-monthly utility billing system. street maintenance. All religious institutions will be charged half of the normal fee assessed to non-resi- I thought the state Gas Tax Downtown dential businesses,resulting in a 100-space paid for street maintenance Although many of the downtown maximum for those that reach the 200 Historically,Tigard roads have been businesses do not have sufficient parking space limit. This decision was made because maintained by the state Gas Tax, a spaces off-street to meet the minimum parking requirements for these institutions source of funding that hasn't risen in 20 code requirements, the City is providing are relatively high to accommodate large years,while road usage, operations and over a hundred on-street parking spaces services,while the parking lots are not fully maintenance costs have increased at an throughout most of Main Street to utilized during the week. overwhelming rate. As a result,Tigard accommodate the businesses. Some of is one of eighteen Oregon cities that these spaces have time limits to encourage In addition, a property must be occupied have adopted Street Maintenance Fees periodic turnover during a typical day to be assessed the fee. If a property is 6 < Street Maintenance Fee Program City of Tigard I Community Development Capital Construction and Transportation What is the Street Maintenance Fee? unoccupied for 30 days or more, the owner the trip generation rates are based on Sydney Sherwood to come up with an may apply for a fee waiver for that period. square footage of building. alternative methodology, suggested the use of the minimum parking requirements Methodology The City needed to develop a methodology of the Tigard Municipal Code. City staff The methodologies used by most of the that distributes the costs of maintenance agreed that methodology proposed was cities in Oregon that have established a among all the non-residential and much better at distributing costs to the street utility fee are based on trip generation residential uses in as fair a manner as actual users of the City's street network and rates for the types of uses to distribute the possible. No methodology is going to be worked with OGA to flesh out the details. costs. These rates are found in a nationwide perfect. The Oregon Grocery Association, The methodology adopted is one that publication from the Institute of Transpor- in response to a challenge from Councilor focuses on the users of the City streets. tation Engineers and are compiled through numerous studies. However,the trip > ) > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > generation methodology does not work well for Tigard. This methodology,if The current methodology is based on the following: used as originally proposed,would have ■ Ties the street maintenance element of the fee to a 5-year maintenance and reconstruction plan prepared by the charged the non-residential uses 75% of City of Tigard the costs with Washington Square,Fred • Uses actual road maintenance and repair projects on City streets,not state or county routes. Meyer, and other large businesses bearing ■Tailors the fee to the local data the brunt of the cost. Most of the traffic ■Sets a target revenue goal of$800,000 annually(established in 2003) •Allocates the costs of the arterial projects to the non-residential uses generated by these big businesses use •Splits the costs for the collectors on a 50-50 basis with residential and non-residential uses sharing the costs equally. state highways, such as Highway 217, The rationale for splitting the costs in this fashion is that many of the collectors do traverse residential areas and collect 99W and Hall Boulevard. Yet, the fee to traffic from those areas to feed the other collectors and arterials in the system. be collected is for maintenance of City •Allocates the costs for neighborhood routes and local streets to residential uses streets. That methodology was not fair to •Allocates the costs for residential uses on a per unit basis for both single family and multifamily units. the big businesses that draw their traffic • Uses the minimum parking space requirements based on the Tigard Development Code for non-residential uses with a from regional sources using state routes 5-space minimum and 200-space maximum.Like the trip generation rates,the parking space requirements are based on size of building and type of use.However,this approach takes into account businesses that draw from a larger area to get there. Under that methodology, all than just Tigard.The argument is that above 200 spaces,the traffic is more likely regional traffic,which comes via the the businesses,including those downtown, state routes.The 5-space minimum is to establish a minimum amount for the billing to compensate for the costs of would end up paying much more because preparing and mailing out the bills. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 7 Pavement Condition igard's 148-mile paved street network Current Paved Network represents an investment of over$140 45 million,with an additional$120 million 40 invested in curbing, sidewalks, drainage, and right-of-way. The City's street 35 City of Tigard infrastructure represents the largest P g Pavement Condition I investment owned by Tigard citizens, and d 30 Data the overall pavement condition represents < 25 IIIF 20 , •Arterial the health of this network. Y Jo I ■Collector Pavement Rating System i 15 •Residential 71 Pavement health is measured by a c ■ I Pavement Condition Index (PCI). The w 10 PCI indicates the extent and severity c I ■ I of pavement distress such as cracking, d 5 rutting, raveling, etc. It is expressed as a ' 0 I I a number from 0 (very bad, essentially Unacceptable Poor Acceptable Fair Good Very Good gravel) to 100 (essentially perfect). New Pavement Condition streets start with pavement conditions in the high nineties. For ease of understanding,pavement condition is Current Conditions in Tigard condition rating of 68 and the backlog of often classified as follows: The City completed a Pavement Manage- preventative maintenance is at 10%.However, ment Analysis report re-rating all City there is cause for concern with 45% of the • Very Good (85 to 100) streets, and providing a PCI rating for streets in the acceptable and fair categories. • Good (70 to 85) each street. This means many streets will become • Fair (55 to 70) reconstruction candidates in the next five • Poor (40 to 55) Today,Tigard's streets are in fairly good con- to ten years. A preventative maintenance • Very Poor (Less Than 40) dition. The network average is an overall approach is needed to stop this trend. 8 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Pavement Condition > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > �= • t. iii, ., , , ..... ._ . . _ : Pavement Condition 93(Very Good) Pavement Condition 64(Fair) Pavement Condition 34(Very Poor) Condition Examples 79th Ave;PCI of 72 2. Volume of trucks and other heavy To give you an idea of what a street in • 72nd Avenue between Redwood Ln vehicles — the pavement deterioration very good condition versus fair condition and Cardinal Ln;PCI of 64 caused by a vehicle increases actually looks like, City staff prepared • Commercial Street west_of Main St and exponentially with the amount of a presentation showing examples of Hwy 99W Overpass;PI of 52 weight on each axle; and, pavement condition throughout the City. • Commercial Street east of Main Street; 3. Vehicles accelerating,braking, and PCI of 42 turning which exerts more force on The presentation includes: • 98th Avenue south of Greenberg Rd; the pavement, and accelerates pavement PCI of 34 deterioration. This is why pavement • 79th Avenue north of Durham Rd; • Beveland St east of 72nd Avenue;PCI deteriorates faster near intersections and Paved in 2008; PCI of 95 of 20 in sharp curves. • 108th Avenue south of Durham Rd; Paved in 2007;PCI of 93 Factors Affecting Pavement Condition Other factors include: • Commercial Street between 96th The primary factors causing pavement Avenue and 97th Avenue;PCI of 78 deterioration are the vehicles that travel 1. Weather (which is the primary cause of • Tigard Street near Fanno Creek; PCI over the pavement. These factors include: decay on streets with very little traffic of 72 1. Traffic volume (see chart in the volume) —especially rain and freeze/ • Bonita Road between Hall Blvd and appendix, page a2); thaw action; City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 9 Pavement Condition 2. Settling of the ground beneath the • Pumping—when liquids (such as first 15 years of its life. Then over the next pavement—especially soils with high water or liquid asphalt) are drawn to 5 years, the street will greatly deteriorate, clay content; and, the surface (so it looks like the road is requiring major reconstruction. 3. Construction and or utility work that pumping out the liquid) necessitates cutting into the pavement Preventive maintenance using cost- to access a utility line. Street Lifecycle effective ($1.60 to $13/sq. yd.) slurry Streets are designed to last about 20 years, seals or 2 to 3-inch overlays during the Examples of pavement deterioration but the pavement begins to deteriorate first 10 to 15 years can extend a pavement include: much earlier. Studies have shown that life to 30 years and more. Without these • Rutting—When pavement surface be- pavement health worsens at an increasing surface treatments, costly reconstruction is comes depressed along the wheel paths rate as the pavement gets older. required ($35 to $55/sq. yd.). • Longitudinal Cracking—cracking along the roadway, parallel to the Without periodic, preventive maintenance, For a map showing pavement conditions direction of travel a street's condition deteriorates 40% in the throughout the City, see appendix, a2. • Transverse Cracking—cracking across the roadway, perpendicular to Slurry Seal Example LL the direction of travel Slurry seals are ` k'^ • • Alligator Cracking—a combination typically used on of longitudinal and transverse cracking roads with a PCl/OCI in the • that has become so dense it resembles range.It to 85 applies a alligator scales finer'slurry' mixture • • Loss of Fines—when the cohesive of cohesive asphalt material near the top of the pavement binder with finer , wears away, often due to weather or sand-sized particles • traffic loading on top of the existing , • Raveling (perhaps better called pavement, bringing ,• the existing pavement unraveling)—When pieces of back to near its aggregate come out of the pavement as original condition,as it continues to lose its fines shown at right. 10 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Pavement Major Maintenance Program (PMMP) Map (see appendix, a4) shows locations • At Budget Committee and City �ihe PMMP is a yearly program of of past PMMP projects. Council review meetings and corrective and preventative maintenance hearings held in May/June. on City of Tigard streets funded by the Future Projects Street Maintenance Fee (SMF). The Streets scheduled to be included in next program helps to extend the life of the year's program are at various locations ii ...we have focused our pavement structure by various means such throughout the City. The Tigard Pavement limited resources on preventive as, complete removal and replacement of Management 2009-2013 Map (see appendix, maintenance...55 asphalt, slurry sealing and/or overlaying. a5) shows maintenance projects included in this year's 5-Year Capital Improvement Through this program,the City is able Plan. The number of streets proposed Projects not included to perform timely maintenance on City for rehabilitation is subject to change State Highways, such as I-5,Hwy. 217,Hwy. streets to avoid the much more costly depending upon actual construction costs. 99W,and Hall Blvd,are not included in reconstruction costs that result when streets Streets that need rehabilitation but cannot Tigard's Street Maintenance Fee.Washington are allowed to significantly deteriorate. be performed in the current fiscal year will County Roads, such as Scholls Ferry Road, be moved to the next fiscal year. Beef Bend Road,Bull Mountain Road, and Past Projects parts of Greenburg Road, are not included Each year, the City of Tigard develops a The annual CIP is updated and coordi- in Tigard's Street Maintenance Fee. 5-Year Capital Improvement Plan (CIP) nated by the City CIP Management Team that determines the City's facility and that engages all City departments, advisory In this year's Pavement Major Maintenance capital needs for the current year and commissions, and Tigard citizens to Program (PMMP),we have focused our projected for four additional years. identify needed public projects. To suggest limited resources on preventive mainte- The Streets section of the Capital a specific street be included in the PMMP nance such as slurry seals in residential Improvement Plan contains the Pavement get involved in the annual CIP update areas, and pavement overlays on major Major Maintenance Program. Since process by providing comments: streets. We are only planning pavement the program began in 2004, $3,704,827 overlays on through streets. While there has been used for the maintenance • At Planning Commission review are several loops and cul-de-sacs that need of existing City streets. The Street meetings and public hearings held in pavement overlays,they are not planned to Maintenance Fee Projects 2004-2008 February and March. be done this year due to limited funding. City of Tigard I Community Development ' Capital Construction and Transportation Street Maintenance Fee Program > 11 Future Street Maintenance Funding Federal Stimulus Dollars purchased in 2003 dollars with $800,000 to maintain the streets in a perpetual Recognizing the current funding gap, the now requires approximately$1,800,000 for maintenance cycle that would keep good City of Tigard applied for federal stimulus the same amount, due to a steep increase streets good and gradually improve the funding (via the American Recovery and in raw material costs. In addition,the City condition of the overall street network for Reinvestment Act) for pavement overlay has experienced an increase in traffic levels the long term. projects, along with other projects. It throughout the system, accelerating the appears that Tigard will be receiving rate at which the City's roads deteriorate. The proposed fee increase would include some federal stimulus funds to construct Vehicle use is up 21% statewide, and City additional funding for right-of-way main- pavement overlays on: streets are seeing more and heavier trucks tenance on the City's major street network • Durham Road from Upper Boones and buses. In other words, the existing fees as a part of overall street maintenance. Ferry Rd to Hall Blvd are not enough to maintain a healthy road This additional funding would address fire • 72nd Avenuefrom Upper Boones system in good repair. hazards and unsightly overgrowth resulting Ferry Rd to Fir St (just south of Hwy from unmown grass,weeds, and other 217) The current Street Overall Condition Index plants in the planters,medians, and areas • Bonita Roadfrom the I-5 bridge to (OCI) is 68 and declining every year due to between sidewalks and property lines on Fanno Creek an increasing backlog of maintenance.An the City's arterial and collector streets. The OCI of 73 to 75 would be optimal for the funding required for this maintenance work These projects will help fill this year's gap City because it ensures that the City can annually is $300,000. The combined total in funding for Arterials and Collectors, but enter into, and stay within, that perpetual for both street maintenance and right-of- the future funding gap remains. maintenance cycle over the long term.The way maintenance would be$2,500,000 City can achieve that OCI target goal over annually in 2008 dollars. Proposed Fee Increase a 20-year period with a fee increase and When the existing Street Maintenance inflation adjustments each year to account Proposed Increase Phases Fee was established, the target revenue for the rise and fall of material and labor The proposed fee increases are from$2.18 was set at$800,000 a year. Because an costs. The amount required to maintain a to $6.06 monthly for residential units,and inflation adjustment was not built into the comprehensive preventative maintenance from$0.78 to $2.44 monthly for non-resi- program, fees have remained constant while program over the long term is $2,200,000 in dential users. The new fee,if implemented, City needs and the costs of repairs have 2008 dollars.This continually revised target would produce the annual revenue target of increased dramatically. For instance, asphalt would ensure that the City could continue $2,500.000. However,because the increase 12 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Future Street Maintenance Funding in fee is relatively large,immediate adoption because the City's experience during the Council must vote on the following items of the new rates will not be sought. To past 5 years has been that the larger main at a public hearing where public testimony lessen the immediate impact, the increases arteries of the City (collectors and arterial will be taken prior to the vote. will be phased in over two years so that by roads) require more frequent and extensive • Revision to Ordinance No. 03-10 to 2011,the fees charged will be at the level maintenance than do neighborhood roads. add right-of-way maintenance as an needed to adequately maintain the streets More than half the costs are still borne by integral part of street maintenance and rights-of-way.An inflation factor of residential users. under the street maintenance definition 6.5%annually is incorporated in the phase- • Revision to Ordinance No. 03-10 to in plan to ensure that the fees collected in Among non-residential users, the largest include local commercial and indus- 2011 will be at the level needed at that time. payers are still the big businesses, but the trial streets under the non-residential After 2011, any future increases to account maximum charges are capped at 200 spaces. category for fee calculation purposes for inflation will be based on one or more Those with more than 200 spaces are many • Revision to Ordinance No. 03-10 recognized construction cost indices. of the Washington Square businesses, the to incorporate an annual inflation Lincoln Center, Fred Meyer along Highway factor to ensure that the fee rates keep > > > > > > > > > > > > > > > > > > > 99W, and the Tigard Plaza along 99W pace with cost increases or decreases Current Fall Fall Fall and Hall Blvd., etc.Although Washington • Resolution to set the City's long Rate 2009 2010 2011 Square appears to be one entity,in reality term OCI goal of 75 Residential $2.18 $3.73 $5.22 $6.86 it is a number of businesses,each charged • Adoption of the new fee rates with Non Residential $0.78 $1.43 $2.07 $2.74 individually,with a 200-space cap. Macy's, phase-in plan incorporated Nordstrom, and J.C. Penney are among Note:Rates for 2009 to 2011 include a 6.5% the businesses that own their properties. Additional Options annual inflation factor P P p Lincoln Center is similar in that at least 5 The City has constrained options when different businesses are charged the 200- searching for ways to maintain roads. One Residential versus Non-residential Rates space maximum. Charges are associated alternative to a fee increase is to allow the The original 5-year plan developed in 2003 with each water meter and assessed based roads to continue to deteriorate, and pass resulted in the residential users paying for on the square footage for each business. the costs to future taxpayers. Another is to 58% of the costs and the non-residential find an alternative funding source, a diffi- users 42%. The new 5-year plan developed Procedural Steps cult proposition in today's economic climate in 2008 changes the ratio to 55% to 45% In order for the City to raise fees, the and constrained federal and state budgets. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program ) 13 Frequently Asked Questions CI: What is the Street Maintenance maintenance than do neighborhood Fee? roads. More than half the costs are still •- oil borne by residential users. A: The Street Maintenance Fee is a monthly fee designed specifically for the r "NA T Among non-residential users, the largest maintenance of existing roads in Tigard. hER "' - payers are still the big businesses, but Monthly fees are collected from both the maximum charges are capped at residential and non-residential customers 200 spaces (non-residential users are and are billed and collected through the charged on the number of parking spaces City's utility billing system. !lolly required in the Tigard Development - Code). Although Washington Square Q: How is the Street Maintenance Fee QUESTIONS SWERS and other shopping centers appear to be charged? one entity, in reality they are a collection A: The Street Maintenance Fee is assessed of separate businesses, each charged on your bimonthly utility bill. individually, with a 200-space cap. Charges are associated with each water Q. Why is a fee increase being Q. How are residential and commercial meter and assessed based on the square proposed? fees determined? footage for each business. A: When the existing Street Maintenance A: The original 5-year plan developed Fee was established in 2004, the target in 2003 resulted in the residential users Q: If the proposed increase is revenue was set at$800,000 a year. paying for 58%of the costs and the non- approved, how much will my rates Because an inflation adjustment was not residential users 42 0/0. The new increase and when? built into the program, fees have remained 5-year plan developed in 2008 changes A: The proposed fee increases are from constant while City needs and the costs the ratio to 55% to 45% because the $2.18 to$6.06 monthly for residential of repairs have increased dramatically. City's experience during the past 5 years units, and from$0.78 to$2.44 per required In other words,the existing fees are not has been that the larger main arteries of parking space for non-residential uses. enough to maintain a healthy road system the City (collectors and arterial roads) Increases will be phased in over two years in good condition. require more frequent and extensive so that by 2011, the fees charged will be 14 < Street Maintenance Fee Program City of Tigard I Community Development 1 Capital Construction and Transportation Frequently Asked Questions at the level needed to adequately maintain for these institutions are relatively high shown that pavement health worsens at an the streets and rights-of-way. An inflation to accommodate large services,while the increasing rate as the pavement gets older. factor of 6.5% annually is incorporated parking lots are not fully utilized during The total annual maintenance investment in the phase-in plan to ensure that the the week. is four to five time less following a fees collected in 2011 will be at the level preventative maintenance strategy than if needed at that time. After 2011, any In addition, a property must be occupied streets are allowed to deteriorate to poor future increases to account for inflation to be assessed the fee. If a property is and failed conditions requiring major will be based on one or more recognized unoccupied for 30 days or more, the rehabilitation. construction cost indices. owner may apply for a fee waiver for that period. Q: Why can't the City wait until the Q: Your website states that the current economy improves? rate for residential users is $2.18 per Q: What is the pavement condition on month, but when I check my utility my street? A: The costs of deferred maintenance bill the amount charged for the Street are borne by both the community and the Maintenance Fee is twice that amount A: You can visit Tigard Maps and look individual driver. As with many investments, up the pavement rating data for your timely investments in routine maintenance ($4.36),why? street. Once you enter your address and in roads can extend pavement life and A: Because the City of Tigard sends out are routed to the page displaying your provide for a safer driving experience. Not utility bills on a bimonthly schedule (every property, just click on the Transportation only will roads last longer,but repairing a two months), the amount shown on your tab at the top of the page, then choose failed road can be four to nine times more bill is actually for two months. pavement condition. It's that simple! expensive than a routine maintenance program. With a limited amount of funds Q: Are exceptions allowed? Q: Why consider raising rates during a available, the community is better served A: All religious institutions will be down economy? by spending the same amount of money charged half of the normal fee assessed A: The City is looking to be fiscally maintaining a greater amount of road miles, to non-residential businesses, resulting responsible with your Street Maintenance than completely rebuilding smaller sections in a 100-space maximum for those that Fee dollars. Streets are designed to last as the entire network begins to fail. In other reach the 200 space limit. This decision about 20 years, but the pavement begins words,if we can keep good streets good, was made because parking requirements to deteriorate much earlier. Studies have we can maximize the use of limited dollars. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 15 I Frequently Asked Questions Q: What about Tigard's share of state Q: What legislative steps are required Gas Tax revenue? to raise the fees? r - Historically, Tigard roads have been A: In order for the City to raise fees, the .'' maintained by the state Gas Tax, a Council must vote on the following items. source of funding that hasn't risen in 20 Each will occur at a public hearing where ,years,while road usage, operations and public testimony will be taken prior to a maintenance costs have increased at an Council vote. 'Nit ailei overwhelming rate. As a result, Tigard is one of eighteen Oregon cities that • Revise Ordinance No. 03-10 to add have adopted Street Maintenance Fees right-of-way maintenance as an to close the gap between local needs and integral part of street maintenance increasingly stretched state dollars. By under the definition of street ,,` having a locally based fee, communities are maintenance; • provided with a stable source of revenue Revise Ordinance No. 03-10 to to pay for preventative maintenance and include local commercial and industrial streets under the non- repairs The City of Tigard instituted a repairs in a timely and efficient manner. 3-cent per gallon gas tax. Why can't residential category for fee calculation Q: Will Tigard residents have an purposes, the City use that money? opportunity to vote on the proposed • Revise Ordinance No. 03-10 to A: The Tigard gas tax was developed by Street Maintenance Fee increase? incorporate an annual inflation a citizen task force who recommended factor to ensure that the fee rates keep it as a way to fund improvements to the ,-• According to state law, utility rate pace with cost increases or decreases; Greenburg Rd./99W/Main St. intersection increases need only approval by City • Adopt a Resolution to set the City's ONLY Collections from the Tigard tax Council. This is why your Council is long term Street Overall Condition are dedicated to this one project, and the making such an effort to hear from you! Index goal at 75; and tax automatically ceases once the project You can provide comments online, to staff, • Adopt new fee rates with a phase-in is completed and sufficient funds are or at hearings held by Tigard City Council. plan incorporated. collected to fully finance and pay for the improvements. 16 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Transportation Financing Strategies Task Force project is now in the design stages for • Jennifer Standfield Previous Task Force Members construction to begin in early 2010. • Christopher Warren • Gretchen Buehner(Coundzl Liaison) • Marty Anderson On December 18, 2007 City Council • Steve Clark Resolution No. 07-74 acknowledged the • Gretchen Buehner The Task Force is now involved in the accomplishments of the reconstituted public outreach process to obtain citizen (Planning Commission Representative) Task Force, concluded that phase of the and business input into the proposed • Cam Gilmour Task Force's work, and commended the increases to the Street Maintenance Fee • Ralph Hughes Task Force members for a job well done. rates sufficient to meet the increases in • Paul Owen cost since 2003 and to ensure a gradual • Basil Christopher On January 29, 2009 City Council adopted of the City's overall • Beverly Froude Resolution No. 09-01 to again reconstitute • Joe Schweitz pavement condition over time. In the Task Force to continue with the • Nick Wilson ouncl resent evaluation of feasible fundin sources addition, they will continue the evaluation • Ci President) ) g of a variety of funding sources for the Oregon Grocery Association: for the City's transportation and street Gilliam (Primary) operation,maintenance and operation, maintenance and improvement J �' y) of the City's transportation system. Dan Floyd (Alternate) improvement needs. Recommendations will be submitted to The members of the newly-appointed City Council for consideration. Task Force are: • John Bailey • Rex Caffall (Planning Commission Representative) • Beverly Froude • Cam Gilmour • Dennis Mitchell • Rick Parker A list of previous Task Force meeting • Anthony Rivano minutes (2001-2006) are available on the • Joe Schweitz City of Tigard website. 18 < Street Maintenance Fee Program City of Tigard Community Development 1 Capital Construction and Transportation Transportation Financing Strategies Task Force Task Force History The original Transportation Financing {1,1* _ } Strategies Task Force established through , �- Resolution No. 01-06 recommended . the Street Maintenance Fee to City 1 `. " ; Council. The Task Force members 1 were actively involved in the public outreach to obtain citizen and business input for submission as part of the Task Force recommendation. The fee was implemented in April 2004 and has R ' provided a stable source of revenue -7, for maintaining the existing street infrastructure. That effort took about existing funding sources. The Task Force The reconstituted Task Force three years and required persistence and was reconstituted to explore funding recommended a local fuel tax to dedication to see it through. City Council, alternatives for those major transportation City Council dedicated solely to the through Council Resolution No. 04-51, improvements. Council Resolution No. improvement of the Greenburg Road/ acknowledged the accomplishments of 04-52 reconstituted the Task Force, Highway 99W/Main Street intersection. the Task Force, concluded that phase of established the mission for the Task Force, This project,in conjunction with the the Task Force's work, and commended and appointed the members to serve on County's project to improve the Hall the Task Force members for a job the reconstituted Task Force. Blvd/Highway 99W intersection, alleviates well done. traffic congestion by removing the two On October 26,2004, the City Council largest traffic bottlenecks along Highway Although maintenance needs were adopted Resolution No. 04-85 adding 99W in the City. The Task Force members addressed through the establishment two new members to the Task Force led the public process to obtain citizen of the fee,many major transportation and expanded the mission by adding and business input to help Council in improvements necessary to meet the construction of sidewalks and right-of- its decision-making process. Council current and future transportation demands way maintenance on collector and arterial established the local fuel tax in late 2006 still could not be implemented through streets to the scope. and collections began in April 2007. The City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 17 TIGARD MUNICIPAL CODE Chapter 15.20 STREET MAINTENANCE B. Developed property or developed use. A FEE parcel or legal portion of real property, on which an improvement exists or has been constructed. Sections: improvement on developed property includes, but is not limited to buildings, parking lots, 15.20.010 Creation and Purpose landscaping and outside storage. 15.20.020 Definitions 15.20.030 Administrative Officers C. Finance Director. The finance & Designated information services director or designee. 15.20.040 Street Maintenance Fees Allocated to the Street D. Residential Property. Property that is Maintenance Fee Fund used primarily for personal domestic 15.20.050 Determination of Street accommodation, including single family, multi- Maintenance Fee family residential property and group homes, but 15.20.060 Determination of Amount, not including hotels and motels. Billing and Collection of Fee 15.20.070 Waiver of Fees in Case of E. Nonresidential Property. Property that is Vacancy not primarily used for personal domestic 15.20.080 Administrative Provisions and accommodation. Nonresidential property includes Appeals industrial, commercial, institutional, hotel and 15.20.090 Administrative Policies motel,and other nonresidential uses. 15.20.100 Penalty 15.20.110 Severability F. Street Functional Classification. Street classifications as described in the Tigard 15.20.010 Creation and Purpose Transportation System Plan. A street maintenance fee is created and 1. Arterials are defined as streets imposed for the purpose of maintenance of city having regional level connectivity. These streets streets. The street maintenance fee shall be paid link major commercial, residential, industrial and by the responsible party for each occupied unit of institutional areas. real property. The purposes of the street maintenance fee are to charge for the service the 2. Collectors are defined by citywide city provides in maintaining public streets and to or district wide connectivity. These streets provide ensure that maintenance occurs in a timely both access and circulation within and between fashion, thereby reducing increased costs that residential and commercial/industrial areas. result when maintenance is deferred. 3. Neighborhood routes are defined as 15.20.020 Definitions streets that provide connections within the neighborhood and between neighborhoods. These As used in this chapter, the following shall streets provide connectivity to collectors or mean: arterials. A. Public Works Director. The public 4. Local commercial/industrial streets works director or the public works director's are those streets within the city that are not designee. designated as arterials or collectors and whose 15-20-1 Code Update:8/13 TIGARD MUNICIPAL CODE primary function is serving traffic to and from J. Responsible Party. The person or commercial and/or industrial (i.e., nonresidential) persons who by occupancy or contractual uses. arrangement are responsible to pay for utility and other services provided to an occupied unit. 5. Local streets are any streets within Unless another party has agreed in writing to pay the city that are not designated as arterials, and a copy of the writing is filed with the city, the collectors, neighborhood routes or identified as person(s) paying the city's water and/or sewer bill commercial/industrial streets. These streets have for an occupied unit shall be deemed the the sole function of providing access to responsible party as to that occupied unit. For any immediately adjacent land. occupied unit not otherwise required to pay a city utility bill, "responsible party" shall mean the G. Parking Space Requirement. The person or persons legally entitled to occupancy of minimum off-street vehicle parking requirement the occupied unit, unless another responsible party as stated in the minimum and maximum off-street has agreed in writing to pay and a copy of the vehicle and bicycle parking requirements in the writing is filed with the city. Any person who has Tigard Community Development Code. agreed in writing to pay is considered the responsible person if a copy of the writing is filed H. Pavement Management Program (PMP). with the city. An annual program of corrective and preventative maintenance on City of Tigard streets funded by K. Street Maintenance. Any action to the street maintenance fee (SMF). The program maintain city streets, including repair, renewal, helps to extend the life of the pavement structure resurfacing, replacement and reconstruction. i by various means such as, pavement overlaying, Street maintenance does not include the slurry sealing, or complete removal and construction of new streets or street lighting. replacement of asphalt. Street maintenance shall include resurfacing of existing streets, repair or replacement of curb and I. Occupied Unit. Any structure or any gutter where they exist, repair or replacement of portion of any structure occupied for residential, the entire existing street structural section, repair commercial, industrial, or other purposes. For or replacement of existing street shoulders, example, in a multifamily residential develop- pavement markers, striping and other street meat, each dwelling unit shall be considered a markings, repair or replacement of existing separate occupied unit when occupied, and each channelization devices, adjustment of existing retail outlet in a shopping mall shall be considered utilities to match finish grades, and any other a separate occupied unit. An occupied unit may related work within the existing streets. It includes include more than one structure if all structures repair or restoration of existing storm drainage are part of the same dwelling unit or commercial systems within existing streets, but does not or industrial operation. For example an industrial include installation of new drainage systems. It site with several structures that form an integrated includes right-of-way maintenance on the city's manufacturing process operated by a single arterial and collector streets, which covers manufacturer constitutes one occupied unit. maintenance and enhancement of planting strips, Property that is undeveloped or, if developed, is medians and areas between sidewalks and not in current use is not considered an occupied property lines on these street to prevent the unit. uncontrolled growth of weeds and other undesirable vegetation in these areas. It does not I5-20-2 Code Update:8/13 TIGARD MUNICIPAL CODE include repair or replacement of existing Earnings from such investments shall be dedicated sidewalks. (Ord. 10-01 §2) to the street maintenance fee fund. 15.20.030 Administrative Officers B. The street maintenance fee fund shall Designated not be used for other governmental or proprietary purposes of the city, except to pay for an equitable A. Except as provided in subsections B and share of the city's overhead costs including C of this section, the public works director shall accounting, management and other costs related to be responsible for the administration of this management and operation of the street chapter. The public works director shall be maintenance program. Engineering design, responsible for developing administrative pavement evaluation, construction management, procedures for the chapter, administration of fees, and other related costs, including project and for the purposes of establishing the fee for a advertisements for bid, in the implementation of specific occupied unit, the consideration and the street maintenance projects shall also be assignment of categories of use, and parking space considered as being used for street maintenance. requirements subject to appeal in accordance with (Ord. 10-01 §2) this chapter. 15.20.050 Determination of Street B. The public works director shall be Maintenance Fee responsible for developing and maintaining street maintenance programs for the maintenance of city A. The street maintenance lee shall be streets and, subject to city budget committee established based on the following: review and city council approval, allocation and expenditure of budget resources for street system 1. The city's five-year maintenance maintenance in accordance with this chapter. and reconstruction plan for corrective and preventative maintenance of the city's street C. The finance director shall be responsible infrastructure. for the collection and calculation of fees and the appeals process under this chapter. (Ord. 10-01 2. The average annual cost based on §2) the five-year maintenance and reconstruction plan with costs allocated as follows: 15.20.040 Street Maintenance Fees Allocated to the Street a. Arterial maintenance costs Maintenance Fee Fund allocated 62% to nonresidential uses and 38% to residential uses. A. All street maintenance fees received shall be deposited to the street maintenance fee b. Local commercial/industrial fund or other fund dedicated to the operation and street maintenance costs allocated 100% to maintenance of the city street system. The street nonresidential uses. maintenance fee fund shall be used for street maintenance. Other revenue sources may also be c. Collector maintenance costs used for street maintenance. Amounts in the street allocated 50% to residential uses and 50% to maintenance fee fund may be invested by the nonresidential uses. finance director in accordance with state law. 15-20-3 Code Update:8/13 TIGARD MUNICIPAL CODE d. Neighborhood routes and local portion of the PMP will be phased in evenly to street maintenance costs allocated 100% to residential customers over the last two phases. residential uses. D. The street maintenance fee will be 3. For residential property, the fee adjusted according to an annual index. shall be charged on a per unit basis. 1. The index is 4. For nonresidential property other Master Fees and e Charges Scheduld in the city's than gasoline stations, the fee shall be based on the minimum number of vehicle parking spaces as 2. A floor of two percent and a ceiling stated in the minimum and maximum off-street of seven percent has been established. vehicle and bicycle parking requirements in the Tigard Community Development Code for each E. The program shall be reviewed annually occupied unit, provided, however, that the as part of the city's budget process. maximum number of parking spaces for purposes of calculating the street maintenance fee shall be F. Following each review of the program, 250. the finance director shall review the revenue received from the new rates after a full year of a. In that nonresidential property collection to determine if the annual revenues with fewer than six required spaces shall meet the annual funding level set from the constitute a tier with a 50% reduction of the total updated five-year street maintenance plan. The fee amount. finance director shall report the findings of that review to city council and may make b. In recognition that religious recommendations on any potential fee increases or institutions have minimum parking space decreases based on that review. Any unspent requirements that are relatively large in funds will be placed in a reserve fund. (Ord. 13-06 comparison to the actual use of those spaces, the §1; Ord. 10-01 §2). total fee for each religious institution shall be reduced by 50%. 15.20.060 Determination of Amount, Billing and Collection of Fee 5. The street maintenance fee for gasoline stations shall be based on the number of A. For the purpose of establishing the fee, fueling positions. the minimum required number of parking spaces or the number of fueling positions for each B. The street maintenance fee rates shall be occupied unit of nonresidential property shall be established by council resolution. determined by the public works director. For uses not explicitly listed in the Tigard Development C. Beginning July 1, 2010, the fee for the Code as to required parking, the , public works Pavement Management Program will be director shall assign the use to the similar category implemented in three phases. The second phase with the most similar impact on the transportation will be effective on April 1, 2011 and the third system, considering relevant information such as: will be effective on January 1, 2012. The street surface portion of the PMP will be phased in I. The size of the site and the evenly over all three phases. The right-of-way building; 15-20-4 Code Update: 8/13 TIGARD MUNICIPAL CODE 2. The number of employees; 15.20.070 Waiver of Fees in Case of Vacancy 3. Other developed sites with similar use. A. When any developed property within the city becomes vacant as described in subsection F B. The public works director shall establish of this section, upon written application and the amount of street maintenance fee payable for approval by the finance director, the street each unit of nonresidential property and shall maintenance fee shall thereafter not be billed and inform the finance director of the amount. The shall not be a charge against the property until amount payable shall be re-determined if there is a such time as the property is no longer vacant. change in use or development. All redeterminations based on a change in use or B. The finance director is authorized to development shall be prospective only. The cause an investigation of any property for which finance director shall charge the per-unit street an application for determination of vacancy is maintenance fee to the responsible party for each submitted to verify any of the information occupied unit of residential property. contained in the application. The finance director is further authorized to develop and use a standard C. The street maintenance fee shall be form of application, provided it shall contain a billed to and collected from the responsible party space for verification of the information and the for each occupied unit. Billings shall be included person signing such form affirms under penalty as part of the water and sewer bill for occupied for false swearing the accuracy of the information units utilizing city water and/or sewer, and billed provided therein. and collected separately for those occupied units not utilizing city water and/or sewer. All such C. When any developed property within the bills shall be rendered regularly by the finance city has the utilities shut-off due to vacancy, the director and shall become due and payable upon street maintenance fee shall be waived for the receipt. duration of the vacancy as described in subsection F of this section. D. Collections from utility customers will be applied first to interest and penalties, then D. When any multi-occupied developed proportionately among the various charges for property within the city has one or more vacancies utility services and street maintenance. as described in subsection F of this section, the responsible party may request, in writing, a E. An account is delinquent if the street waiver of a portion of the street maintenance fee maintenance fee is not paid by the due date shown applicable to the vacant units. on the utility bill. The city may follow the procedures for collection of delinquent accounts E. When a change of use occurs, a vacancy set forth in Sections 12.03.030 and/or 12.03.040, has been filled,or a property is developed, it is the including termination of water and/or sanitary responsible party's responsibility to inform the sewer service. (Ord. 10-01 §2) city of any change so the proper street maintenance fees may be assessed. If the responsible party does not inform the city of any change, the city shall cancel the vacancy waiver and charge the responsible party as per subsection F of this section. 15-20-5 Code Update:8/13 TIGARD MUNICIPAL CODE F. For purposes of this section, a unit of findings of fact and conclusions for the particular property is vacant when it has been continuously aspects of the decision, based upon applicable unoccupied and unused for at least 30 days. Fees criteria, which may include a land use decision shall be waived in accordance with this section that modifies the minimum required vehicle only while the property remains vacant. The parking for an occupied unit. A copy of the waiver duration is for six months. After six decision shall be mailed to the person submitting months, the responsible party must re-apply for the request. The public works director shall the waiver if the property continues to be maintain a collection of such decisions. Decisions unoccupied and unused. The responsible party has of the public works director, which affect the 30 days to re-apply for the vacancy waiver after amount of fee to be charged to a property, shall be the expiration of the six month waiver. Any forwarded to the finance director. Except as occupancy or use of the property terminates the provided under subsection D of this section, the waiver. As a penalty for not reporting a change in decision of the public works director is final. property vacancy, the city may charge any property two times the appropriate street C. For the purpose of reviewing the fee, the maintenance fee, that would have been due public works director may determine that the land without the vacancy waiver for prior billing use category is proper and that the fee charged is periods, upon determining by whatever means that appropriate. However, if the decision of the public the property did not qualify for waiver of charges works director results in a change in the category during the relevant time. The decision of the of land use, the public works director shall, for the finance director under subsections A, B and F of purpose of establishing the fee, assign a new use this section shall be final. (Ord. 10-08 §1, 2010; category, determine the appropriate fee for the Ord. 10-01 §2) category, and notify the finance director so that the appropriate change may be made in the 15.20.080 Administrative Provisions and applicable fee to be charged in the future. No back Appeals charges or refunds are required. The decision of the public works director, under this subsection C A. The public works director shall have the only, may be appealed. initial authority and responsibility to interpret all terms, provisions and requirements of this chapter D. Council may form a subcommittee and to determine the appropriate charges consisting of two council members, or appoint a thereunder. The responsible party for an occupied committee of disinterested citizens, hereinafter unit may request reconsideration of the public known as the appeal committee, to address any works director's determination of the amount of appeals to the public works director's decisions. A the fee by submission of a written application to responsible party who disputes the determination the public works director. The application shall be of the public works director as to use category or submitted in sufficient detail to enable the public number of required parking spaces may file a works director to render a decision. written appeal with the appeal committee. All appeals must be submitted within 10 days from B. Within 30 days of the submission of' a the date of' the public works director's decision, complete application requesting reconsideration of together with a filing fee in an amount set by the amount of the street maintenance fee to be council by resolution. The application for appeal charged to an occupied unit, the public works shall specify the reasons for the appeal and shall director shall render a decision on the application. provide sufficient information for the appeal The decision shall be written and shall include 15-20-6 Code Update:8/13 TIGARD MUNICIPAL CODE committee to render a decision. No other appeals 2. Publicly owned park land, open shall be permitted. spaces and greenways shall not be subject to the street maintenance fee unless public off-street E. The appeal committee shall schedule a parking designed to accommodate the use of such review of each appeal and shall notify the areas is provided. appellant not less than 10 days prior thereto of the date of such review. The appeal committee shall 3. Areas used for commercial farming conduct a hearing to determine whether there is or forestry operations shall be billed according to substantial evidence in the record to support the the use of any structures on the site. Where a site interpretation given by the public works director is used exclusively for farming or forestry and not and may continue the hearing for purposes of for residential or commercial uses, the site shall gathering additional information bearing on the not be subject to the street maintenance fee. issue. The appeal committee shall render an initial Where there are different seasonal uses of oral decision and shall adopt a final written structures on farm or forest land, the use category decision together with appropriate findings in shall be determined by examining the use for the support thereof. The decision of the appeal longest portion of the year. Where more than one committee shall be for the purpose of establishing use is made of a farming or forestry site, then each the fee and limited to whether the appellant has use shall be examined separately and combination been assigned to the appropriate use category, or of use categories shall be used to determine the whether the appropriate minimum vehicle parking street maintenance fee. space requirement or number of fueling positions has been correctly identified. If the appeal 4. Areas encompassing railroad and committee should determine that for the purpose public right-of-way shall not be subject to the of establishing the fee, a different use category street maintenance fee. should be assigned, or that the minimum parking space requirement should be revised, it shall so 5. Railroad property containing order, provided no refund of prior street structures, such as maintenance areas, non-rolling maintenance fees shall be given. Only where the storage areas and areas used for the transfer of rail committee decision results in a change in use transported goods to non-rail transport shall be category and/or change in the minimum parking subject to street maintenance fees. space requirement will the filing fee on the appeal be refunded. The appeal committee decision shall 6. For newly developed properties, be final. (Ord. 10-01 §2) the fees imposed under this chapter shall become due and payable from and after the date when the 15.20.090 Administrative Policies developed property is occupied and connected to the public water or sanitary sewer system. A. The following policies shall apply to the operation and scope of this chapter: B. The public works director is authorized and directed to review the operation of this I. Street maintenance fees imposed chapter and, where appropriate, recommend under this chapter shall apply to all occupied changes thereto in the form of administrative units, occupied units owned and/or occupied by policies for adoption of the city council by local, state and federal governments, as well as resolution. Administrative policies are intended to property which may be entitled to exemption from provide guidance to property owners, subject to or deferral of ad valorem property taxation. this chapter, as to its meaning or operation, 15-20-7 Code Update:8/13 TIGARD MUNICIPAL CODE consistent with policies expressed herein. Policies B. Nothing contained herein shall be adopted by the council shall be given full force construed as limiting the city's authority to levy and effect, and unless clearly inconsistent with special assessments in connection with public this chapter shall apply uniformly throughout the improvements pursuant to applicable law. (Ord. city. 03-10) ■ C. If an occupied unit of nonresidential property is used for more than one use with different minimum parking requirements, the street maintenance fee shall be based on the required parking for the total of the various uses. D. The determination or assignment of a use category and minimum number of parking spaces under the provisions of this chapter are strictly for the purpose of establishing a fee and are not statutory land use decisions. (Ord. 10-01 §2) 15.20.100 Penalty In addition to any other remedy, violation of any provision of this chapter shall be a Class A civil infraction. Each day of delinquency in paying the street maintenance fee constitutes a separate violation. 15.20.110 Severability A. In the event any section, subsection, paragraph, sentence or phrase of this chapter or any administrative policy adopted herein is determined by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remainder of the chapter shall continue to be effective. If a court of competent jurisdiction determines that this chapter imposes a tax or charge, which is therefore unlawful as to certain but not all affected properties, then as to those certain properties, an exception or exceptions from the imposition of the street maintenance fee shall thereby be created and the remainder of the chapter and the fees imposed thereunder shall continue to apply to the remaining properties without interruption. I 5-20-8 Code Update:8/13 6. CONSIDER :\ RI.S()I.l'•I'I( ) .\1)I) BUDGET:\PPR()PRI:\T•I()N 1()R TI 11: I RRO\\•S/SC1 I()1,1 a. Assistant Finance and 1"I Director Smith-\\'agar and Senior Project Engineer \iurchison were present for this item. Ms. Smith-\\'agar presented the staff report. The proposed resolution and staff report indicate a request to authorize appropriations in the amount of S1,027,lMN) from the Water SDC Fund. '11e money will be used to fund the Intergovernmental Agreement with Washington County to extend water services to River Terrace. The resolution presented to the City Council contained a typographical error— the appropriation amount should be S1,027,1)11(1 (not SI,207,f)0►), b. Council consideration of Resolution No. 13-45: Motion by Councilor Buchner,seconded by Councilor Snider, to adopt Resolution No. 13-45, with the corrected amount of S 1,027,1 N N t. RESOI,t'TION NO. 1.3-45 - A RI•..S()I.l'7'ION 'II) .\1)()PT .\ St•PPI.I•:MI:N I.\1. Rt"D(.GI•:I AMLNDMEN.1'7.O FY 201-1 FOR Till'. li\RRO\\S R().\I)/SCI I()1.1.S FERRY R().\l) WATER I•:R EXTENSION PROM•:(:'1' FOR RI\'I•:R Ii RR\CI•:. '1 he motion was approved by- a unanimous cote ul (:it Council present: Man it Cook Yes Council President I lenderson Yes Councilor Buchner Yes (:ouncilur Snider Yes t:uuncih,r\\',)(lard Yes Fl 7. RI'.\'ll'.\\'STREET \I.\IN'I'I•:N.\N(:I. FEE Assistant Finance and IT Director Smith\\'agar, Assistant Public\\urks Director Rager and Streets and Transportation Senior Project I•ngineer McCarthy were present for this agenda item. Ms. Smith-\\'agr intr(,duccd the staff report. "lilts topic will he night before the t:it Council again at the November 19 workshop meeting to incorporate what is discussed with the council tonight. Funds are being collected at about what was anticipated. City. Manager Wine advised that during the past year,council identified the potential Police review whether the concept in using parking as proxy is the right approach, how roots and eaves are calculated,it there should he a cap on big box collections and what to do about the county's vehicle registration fee. (:ouncilur Buchner said it looked as if the city is doing some catch up work. In 2;111),the city was unable to do the slurp seal projects for the whole city in the time needed before it was time to start over She asked for in( rmnation nit how the city was doing in terms of-getting back un a schedule so a sufficient aim>unt (if streets were being sealed each Year n,complete the TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 22, 2013 (:in of I igard 1 11 25 S\\ I tall Blvd, I(gaol, ()12 I-221 www ttgard ur.goe ( Page 8,>f I i cycle. Streets and Transportation Senior Project Engineer McCarthy advised that over the past five years,every street(that was a good candidate) has been slurry sealed. In particular,the slurry seal program for the last two years was accelerated and is caught up. ▪ For overlay projects,the city has been able to"hold the line"and slightly improve the overall pavement condition index. If funding and conditions stay the same,Mr. McCarthy said the city would be able to continue to hold the line and keep the pavement from getting worse overall. It would take quite a bit more resources to achieve the optimum overall pavement conditions. Councilor Buehner asked for information so the council could discuss what would be needed to bring streets up to a higher standard. Councilor Snider said he would like to see this presented in a sensitivity analysis style to view what it would cost to buy every unit of improvement. Mayor Cook noted the"hold the line"index figure was 68 and the city has been able to bring this number up to a little above 70. He would be interested to learn if the"hold the line"strategy would mean this number could continue to increase. Councilor Snider observed that the city is doing better than what had originally been anticipated. Analysis of why this has worked better than originally thought would be helpful for a future policy discussion on this topic. ▪ Streets and Transportation Senior Project Engineer McCarthy said the sensitivity analysis would be presented to the council at the November workshop meeting. A lot of the reason for the improvement in road condition is because of the number of slurry seals that have been done —giving us the best pavement improvement for the dollar. 111 In response to a question from Council President Henderson,Streets and Transportation Senior Project Engineer McCarthy advised that as the program is scheduled,staff attempts to balance work to be done on residential and non-residential streets. The goal is to keep the work expense in line with the revenue collected. Some years more residential work is done than for non-residential and the reverse is true for other years. The rate is set based on the long-term plan/long-term average. • Assistant Finance and IT Director Smith-Wagar advised the new parking requirements that went into effect in June are not reflected in this report—this report is for work through June 30, 2013. Assistant Finance and IT Director Smith-Wagar said when the methodology was adopted for fees assigned to residential and commercial,the work that needed to be done was estimated. The money is easy to track as it is collected from residential or commercial properties. The way the money is spent is more of an estimate. el Councilor Snider questioned whether the methodology was equitable from both a revenue collection perspective and the expenditure. Council(tr Womlard said similar questions have been asked by members of the River Terrace Stakeholders'group with regard to the Transportation System Plan. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 22,2013 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 9-'223 www.figard.or.gov I Page 9 of 13 aDiscussion followed about council members' desire to understand the methodology currently in effect so they can make a determination if changes are needed. Streets and Transportation Senior Protect I':ngineer Ale(.arthc said that the streets in the commercial and industrial areas get a lot of heavy vehicle-loading traffic and the "fixes" to these streets tend to be more expensive. ▪ The policy question of how much,if any,street maintenance fee should be devoted to right-of-way maintenance will be revisited when this topic comes up for discussion. ▪ (.ouncilor Woodard commented that he liked the accomplishments for 21112 and 2013 in the street maintenance program. I le referred to the report,which allows one to determine what has been dune and what remains to be done. I le would like to forecast projects for the next three to rive years. Streets and I•rinspiortation Senior Project l'.tlgineer McCarthy. advised staff plans to bring scenarios for council's perusal that will likely be in the three to five year range. U Council President I lenderson referred u o a 2013 year-end reps ort on street maintenance fees. To explain the difference in the numbers depicted in the 2013 year-end report and the numbers in the staff report for this agenda item, Assistant Finance and 11 Director Smith-\\agar said the year-end report is based on the revenue side of the program and tonight's information shows the amount of money that has been :pent in the last two years. Staff has been building a base in this fund because cash flows do nut match up with the construction season - the fiscal year ends in the middle of the construct',in seas,tin l he reserve has been spent down with the work completed in duly- in August, so there is about S200,41(141 remaining in the fund at the end of August. The fund will begin to increase tit pat fin Pn gects during the next ca nlstnictia in seas,m. Streets and 'I ranspa artanon Senior Pra aiert I:ngineer Mc(.arthy added that the figures in to might's report are only for paving protects and do not show the amount expended un right-(of-way maintenance or the costs associated with the us llecuun of the funds. (soused President 1 lenderson asked 1 it these Costs to be broken out and \Ir. \lc(:arth■ said those would be available for the next session on this topic ® (:ouncilor Buchner recalled that in 21110, the plan was to hold a contingency of a minimum of 5I million at all times. She said she has •■isle concerns about insufficient et numgency. Ms. Smith-\\agar said she would research the 2(1111 due•unlrntation t(it this council directwn. ▪ Streets and 1 ransportation Senior Privet I•;ngineer Mc(,artht reported that it is likely the city will need to address a federal government requirement (Americans with I)isabilities Act that says if the city repaves a street that the curb ramps wotald need to be rebuilt t o meet the current \l).\ standards. This would add a fair amount of cost Is, those projects. ® Assistant Public Works Director Rager reported that the right•ot-way maintenance component was approved for SIIH4111111 a year;all of this money is being spent on the targeted streets (in a prioritized manner going down through the list) as shown in the staff report. The city is reaching a point where we have done am out as much improvement work that can be done and arc now in a Maintenance-111111 mode. I'hc pohet question has to do with other goals that the council has had in the past, including beautification of Pacific I lighway. I he eity has worked TIGARD CITY COUNCIL MEETING MINE JTES—OCTOBER 22,2013 I it' sit l ig ird 111_'i�\\ ((:all libel, l Wald, t )1Z q-221 \rw w ttgatd-nr gin I Page 10 of 11 with the Oregon Department of Transportation (ODOT)on a number of their projects where Tigard has asked them to put trees and landscaping in the right of way. The expectation on ODOT's part,however,is that Tigard will maintain those areas. This is something that council did not know in 2010 when the maintenance component was added. Discussion is needed by council on this issue and whether additional funds should be allocated for maintenance. 8. COUNCIL LIAISON REPORTS laCouncilor Woodard reported on the River Terrace Stakeholder Work Group. Reviews have been made on water systems and various master plans in the area. They continue to hear Concerns about complexity,coordination of interests (facility impacts and what part of the development should start first) and funding. Concerns were raised about coordination between the Tigard Water District and the city-. Fle advised that the consultant is doing a great job. Councilor Woodard said Roy Rogers Road has a 20,000 vehicle trips per day now. Councilor Buchner talked about the Tigard Water District. She said that when land is annexed into the city,then that parcel must be transferred from the district to the city. Councilor Woodard said the stakeholders group discussed the fact that connections could be made from junctures between incorporated and unincorporated areas—the concerns center on costs and priorities. Councilor Buchner said the District does not extend into the Urban Reserves and there are only five current properties in River Terrace that are in the District —all of the rest is rural land and not involved. Discussion followed on the dynamics of the process including the involvement of the consultant and the differing viewpoints that come to the table. • U Council President Henderson reported on a seminar he attended recently regarding community visioning and strategic planning. FIe shared some insights learned by the consultant who conducted a five-year strategic planning process followed in I lillsboro. Lessons learned included the need for a community visioning process that should be conducted at the beginning to assure an understanding of the vision. Many strategic plans fail during implementation and the planning process should find the means to carry out the vision. Discussion followed about Tigard's current effort in strategic planning and the key role to be filled by the elected officials. Council members discussed the public involvement component and all agreed this was integral to the success of the plan. Councilor\Woodard commented that to"solidify the vision,we need to brand the vision." City Manager Wine assured the City Council that Tigard's planning process includes obtaining community input—the first step was to present council with a direction for the plan to be followed by testing the validity of the direction with the community. Councilor Snider called for the community testing and input gathering be a robust process, which would include participation from other agencies. > Follow-up to citizen communication by City Manager\Vine: • James Long of CPO 4M addressed the council in September. Ms.Wine referred to a letter submitted to the City Council from Mr. Long,who cited the following issues: TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 22,2013 City of Tigard ( 13125 SW I fall Blvd.,Tigard,OR 9-'223 www.tigard-or.gov I Page 11 of 13 1r v ° _ 2015-2019 //rn<� �y J!r `./i^- Greenway \c--_-----^'- ~ �-,... ■ ` � \ �� Park \, ■ entative SUPPLEMENTAL PACKET ! 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Ayer ,, . ,, ,. i--- f I ) 1 J N. / Tualatin R k ” A _At....."- , / :. 4,,,iNiiiiiiii.:..... 701111111 L , ., _ _ Street Maintenance Fee - Nonresidential Properties A ffected by Cap 1/27/2015 2015 • Minimum Current Annual Annual Required Annual Fee with Fee with Lot_No Address Customer Units Unit Type Lic_"i'y'pe Spaces Cap Fee 325 Cap No Cap 11414 10200 SW GREENBURG RD LINCOLN CENTER LLC 131152 SF OFFICE 355 250 $4,140 $5,382 $5,879 15423 10220 SW GREENBURG RD-NORTH LINCOLN CENTER LLC 105930 SF OFFICE 287 250 $4,140 $4,753 $4,753 15422 10220 SW GREENI3URG RD-SOUTH LINCOLN CENTER LLC 106536 SIS OFFICE 288 250 $4,140 $4,769 $4,769 11413 10260 SW GREENBURG RD LINCOLN CENTER LLC 235936 SF OFFICE 637 250 $4,140 $5,382 $10,549 15424 10300 SW GREENBURG RD LINCOIN CENTER LLC 126505 SF OFFICE 342 250 54,140 $5,382 $5,664 3453 10445 S\V CANTERBURY LN CALVIN PRESBYTERIAN 775 SEATS RELGS 130 125 $2,070 $2,153 $2,153 , 7236 10500 SW NIMBUS AVE KI3C TIGARD I (Solid Rock Church) 1600 SEATS RELGS 267 125 $2,070 $2,683 $4,422 7698 11065 SW NORTH DAKOTA ST LDS NORTH TIGARD 1010 SEATS RELGS 169 125 $2,070 $2,683 $2,799 14062 11308 SW 68TH PKWY PROVIDENCE BUSINESS SYSTEM 97514 SF OFFICE 264 250 $4,140 $4,372 $4,372 15066 12615 SW 72ND AVE LOWE'S HARDWARE#1108 147964 SF SALES 444 250 $4,140 $5,382 $7,353 8262 11565 SW PACIFIC HWY FRED MEYER INC 00375 153452 SF SALES 461 250 $4,140 $5,382 $7,634 8548 11626 SW PACIFIC HWY TIGARD ACT III CINEMAS 380814 2840 SEATS INDOOR, 947 250 $4,140 $5,382 $15,682 7954 12909 SW 68TH PKWY PACIFIC REALTY ASSOC 99392 SF OFFICE 269 250 $4,140 $4,455 $4,455 16613 13221 SW 68TH PKWY TRIANGLE CORP III 131590 SF OFFICE 356 250 $4,140 $5,382 $5,895 9238 13333 SW 68TH PKWY TRIANGLE POINTE LLC 108171 SF OFFICE 292 250 $4,140 $4,836 $4,836 3605 14255 SW 72ND AVE FOUGHT&CO INC 198092 SF MAN-HVY 317 250 $4,140 $5,250 $5,250 6884 14800 sw SEQUOIA PKWY HOME DEPOT#4002 140492 SP SALES 422 250 $4,140 $5,382 $6,988 683816100-798 SW 72ND AVE PACIFIC REALTY ASSOC 109541 SQFT INDSVCS 514 250 $4,140 $5,382 S8,512 8244 7500 SW DARTMOUTH ST WINCO FOODS#66754 97685 SF SALES 293 250 $4,140 $4,852 $4,852 15922 7632 SW DURHAM RD BEHRJNGER-HARVARD FUNDS 95387 SQFT OFFICE 275 250 $4,140 $4,554 $4,554 5126 7855 SW DARTMOUTH ST COSTCO WHOLESALE V#89646-00 151459 SF SALES 455 250 $4,140 $5,382 $7,535 3915 9000 SW DURHAM RD TIGARD HIGH SCHOOL 2020 iTUDENT: SCH-SR 404 250 $4,140 $5,382 $6,690 8713 9009 SRI ILALI.BLVD TARGET STORE T-345 123636 SF SALES 371 250 $4,140 $5,382 $6,144 10427 9000 SW WASHINGTON SQUARE RD EMBASSY SUITES 384 ROOMS LODGING 384 250 $4,140 $5,382 $6,359 8233 9300 S\V WASHINGTON SQUARE RD MACY'S DEPARTMEN'T STORE 123719 SF SALES 372 250 $4,140 $5,382 $6,160 13400 9500 SW WASHING'T'ON SQUARE RD J C PENNEY CO 0288-1 104812 SF SALES 315 250 $4,140 $5,216 $5,216 8235 9585 SW WASHINGTON SQUARE RD PPR WASHINGTON SQ LLC 538246 SF SALES 1615 250 $4,140 $5,382 $26;744 9445 9700 SW WASHINGTON SQUARE RD NORDSTROM#025 93437 SF SALES 281 250 $4,140 $4,653 $4,653 1979 9905 SW MCKENZIE ST ST ANTHONY CHURCH 900 SEATS RELGS 150 125 $2,070 $2,484 $2,484 Total Annual Revenue From These 29 Properties: $111,780 $138,442 $193,355 Current cap is$345 per month which is$4,140 per year A 325-Space cap would be$449 per month which is$5,382 per year Note:Non-profit organizations(such as religious institutions)pay half the fee AIS-2097 5, Workshop Meeting Meeting Date: 03/17/2015 Length (in minutes): 30 Minutes Agenda Title: Discussion on Charter Review Prepared For: Liz Newton, City Management Submitted By: Norma Alley, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Discussion of possible revisions to the City's Municipal Charter. STAFF RECOMMENDATION / ACTION REQUEST Discuss parts of the City's Charter that council may want to change or amend, reach consensus on framework and direct staff on next steps. KEY FACTS AND INFORMATION SUMMARY On January 27, 2015 the city council adopted the 2015-17 City Council Goals. In addition, the city council identified five areas that deserve fuller discussion and attention through council workshop meeting discussion. One of those topics is potential revisions to the city's Charter. Oregon is a "home rule" state. The state constitution grants cities, municipalities and/or counties the ability to pass laws to govern themselves as they see fit (so long as they obey the state and federal constitutions). A municipal charter is the legal document that established the city and grants powers to the city after the proposed charter has passed a referendum vote of the affected population. Article XI Section 2 of the Oregon State Constitution states that "The legal voters of every city and town are hereby granted power to enact and amend their municipal charter, subject to the Constitution and criminal laws of the State of Oregon." Only the voters may amend municipal charters, not the city governing body. The City of Tigard's Charter was referred to the voters and adopted on November 6, 1962. A copy of the city's current Charter is attached. Subsequent to the initial adoption,Tigard voters have considered Charter amendments in 18 elections. A summary history of the charter amendments considered by voters and the election results is attached. Proposed amendments to the Charter can be referred directly to the voters by the city council, as has often been the case in Tigard, or by citizens through the referendum process. City Council must vote on referral of charter amendments to the voters in a public meeting but council is not required to conduct a public hearing before referring charter amendments. If proposed charter amendments are more administrative in nature, council may not solicit much citizen comment. If council is interested in a review of and possible major revisions to the entire Charter, they may want to conduct a more robust citizen input effort including forming a charter review committee made up of community representatives, as Sherwood did recently. Once council reaches consensus on any proposed charter amendments staff will prepare a plan, including a timeline, to refer the proposed amendments to voters. OTHER ALTERNATIVES The City Council requested discussion. The Council could elect to discuss and choose to propose charter amendments, or it could discuss amendments and take no action, or it could choose to table the discussion. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Included as an item on the list of"Issues for Further Council Discussion" in the 2015-17 Tigard City Council goals adopted January 27, 2015. DATES OF PREVIOUS COUNCIL CONSIDERATION City Council requested future discussion at their December 22, 2014, goal setting meeting. Attachments Tigard City Charter Charter Amendment History THE CITY OF TIGARD CHARTER CITY CHARTER though this Charter specifically enumerated each of those powers. CHARTER of the CITY OF TIGARD OREGON Referred to the voters and adopted November 6, Section 5. Construction Of Charter. 1962 (Amendments through September 21, 1999 Election)Effective January 1, 1963 In this Charter no mention of a particular power shall be construed to be exclusive or to Chapter I restrict the scope of the powers which the City NAME AND BOUNDARIES would have if the particular power were not mentioned. The Charter shall be liberally Section 1. Title Of Enactment. construed to the end that the City may have all powers necessary or convenient for the conduct of This enactment may be referred to as the City its municipal affairs, including all powers that of Tigard Charter of 1962. cities may assume pursuant to state laws and to the municipal home rule provisions of the state Section 2. Name Of City. constitution. The municipality of Tigard, Washington Chapter III County, Oregon, shall continue to be a municipal FORM OF GOVERNMENT corporation with the name"City of Tigard". Section 6. Where Powers Vested. Section 3. Boundaries. Except as this Charter provides otherwise,all The City shall include all territory powers of the City shall be vested in the Council. encompassed by its boundaries as they now exist or hereafter are modified by voters, by the Section 7. Mayor And Council. Council, or by any other agency with legal power to modify them. The Recorder shall keep at the The elective officers of the City shall be a City Hall at least two copies of this Charter in Mayor and four councilors who together shall each of which the Recorder shall maintain an constitute the City Council. At the general accurate, up-to-date description of the boundaries. election held in 1990, and every fourth year The copies and descriptions shall be available for thereafter, a Mayor shall be elected for a term of public inspection at any time during regular office four years. No councilor shall serve the City as hours of the Recorder. (Measure 34-58,November councilor for more than eight consecutive years, 5, 1996 election,Res. 96-53). nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any Chapter II person serve on the City Council for more than MAYOR COUNCIL FORM POWERS twelve consecutive years. These limitations do not apply to the filling of an unexpired term. Section 4. Powers Of The City. No person who is serving as Mayor or The City shall have all powers which the councilor shall become a candidate for any City constitutions, statutes, and common law of the office for a term which would be concurrent with United States and of this State expressly or the term in office then held unless that person first impliedly grant or allow municipalities as fully as submits a written resignation from the then C-1 Code Update: 4/14 THE CITY OF TIGARD CHARTER current office at the time of filing for the other 34-57, November 5, 1996 election, Res. 96-54; office. A resignation submitted to satisfy this Measure 53,November 2, 1982 election). section shall not be withdrawn.A resignation shall be adequate for purposes of this section if it Section 9. provides for the termination of the signer's service Repealed by Ordinance 72 16, Section 9, in the office not later than the last day before May 23, 1972 election. service would begin in the office for which that person seeks to become a candidate. Section 10. Other Officers. In the event the office of Mayor or councilor Additional officers of the City shall be a City becomes vacant before the normal expiration of Manager, Municipal Judge, a Recorder, and such its term a special election may be held at the next other officers as the Council deems necessary. available date to fill the office for the unexpired Each of these officers shall be appointed and may term. Such an election shall only take place if the be removed by consent of the Council. The Council can schedule and hold a special election Council may combine any two or more appointive at least twelve months before the term would City offices. The Council may designate any otherwise expire. If an election is held, it shall be appointive officers to supervise any other held in accordance with the election laws of the appointive officer except the Municipal Judge in state of Oregon and City ordinances not the exercise of judicial functions. (Measure 34-88, inconsistent with such election laws. The Council November 3, 1998 election, Res. 98-46; Measure may appoint a person to fill a vacancy until an 34-58, November 5, 1996 election, Res. 96-53; election can be held. (Res. 93-63, May 17, 1994 Measure 52,November 5, 1985 election). election: Measure 34-7, May 15, 1990 election: Measure 51,November 4, 1986 election: Measure Section 11. Salaries. 51, November 5, 1985 election: Measure 53, November 2, 1982 election: Measure 53, May 18, The compensation for the services of each 1982 election). City Officer and employees shall be the amount fixed by the Council. Section 8. Councilors. Section 12. Qualifications Of Officers. The councilors holding office at the time of adoption of this amendment shall hold their A qualified elector within the meaning of the offices for the balance of the terms for which they State Constitution, who will have resided were elected or appointed and until their continuously for a period of twelve(12)months or successors are elected and qualified. At each more immediately preceding the election in an general election after this amendment takes effect, area which is within the corporate boundaries of two councilors shall be elected for four-year the City as the same shall exist as of a date one terms, with the two candidates receiving the hundred twenty (120) calendar days immediately highest number of votes being elected to office. In prior to the date of the election (inclusive of all the event a vacancy exists on the City Council and territory previously effectively annexed to the a special election is called to fill the vacancy as City), shall be eligible for an elective office of the described in Section 7 above, the candidate City. The Council shall be final judge of the receiving the highest number of votes in the qualifications and election of its own members, special election shall be deemed elected for the subject, however, to review by a court of remainder of the vacant positions term. (Measure competent jurisdiction. C-2 Code Update: 4/14 THE CITY OF TIGARD CHARTER Chapter IV entered in the journal. COUNCIL Section 16. Proceedings To Be Public. Section 13. Meetings. No action by the Council shall have legal The Council shall hold a regular meeting at effect unless the motion for the action by the least once each month in the City at a time and at Council vote by which it is disposed of take place a place which it designates. It shall adopt rules for at proceedings open to the public. government of its members and proceedings. The Mayor upon his own motion may,or at the request Section 17. Mayor's Functions At Council of three members of the Council shall, by giving Meetings. notice thereof to all members of the Council then The Mayor shall be chair of the Council and in the City, call a special meeting of the Council. preside over its deliberations. The Mayor shall In the event of the physical absence of the Mayor have a vote on all questions brought before the from the City, the Council President shall be Council. (Measure 34-58, November 5, 1996 empowered to call special Council meetings in the election,Res. 96-53). same manner as the Mayor may call such meetings. Section 18. President Of The Council. Special meetings of the Council may also be At its first meeting of each odd numbered held at anytime by the common consent of all year, the Council by ballot shall choose a members of the Council or by the delivery of a president from its membership. In the Mayor's request for a special meeting,signed by a majority absence from a Council meeting the President of Council members, and delivered to the City shall perform the duties of the office of Mayor Recorder and to remaining Council members and and preside over it. Whenever the Mayor is the Mayor, if they are then in the City. All physically or mentally unable to perform the meetings of the City Council shall conform to functions of office, the President shall act as the notice requirements consistent with state law. Mayor pro tern. Should the President of the (Measure 53, November 5, 1985 election: Council vacate the Council office he or she holds, Measure 59,May 18, 1982 election). the Council, by ballot, shall choose from its membership a person to act as President of the Section 14. Quorum. Council until the next President of the Council is chosen pursuant to this Section. (Measure 34-88, A majority of members of the Council shall November 3, 1998 election, Res. 98-46; Measure constitute a quorum for its business,but a smaller 54,May 18, 1982 election). number may meet and compel the attendance of absent members in a manner provided by Section 19. Vote Required. ordinance. Except as this Charter otherwise provides, Section 15. Journal. the concurrence of a majority of the members of the Council present and voting,when a quorum of The Council shall cause a journal of its the Council is present, at a Council meeting shall proceedings to be kept.Upon the request of any of be necessary to decide any question before the its members the ayes and nays upon any question Council. (Measure 54, November 5, 1985 before it shall be taken, and a record of the vote election). C-3 Code Update: 4/14 THE CITY OF TIGARD CHARTER Chapter V the Council; POWERS AND DUTIES OF OFFICERS (d) See that all terms of franchises, Section 20. Mayor. leases, contracts, permits, and privileges granted by the City are fulfilled; The Mayor shall appoint the committees provided by the rules of the Council. The Mayor (e) Appoint, discipline and remove shall sign all approved records of proceedings of appointive personnel, except appointees of the the Council and countersign all orders on the Mayor or Council; treasury. The Mayor shall have no veto power and shall authenticate by signature all ordinances (f) Supervise and control the managers passed by the Council after being enacted. After appointees in their service to the City; the Council approves a bond of a City Officer or a bond for a license, contract, or proposal, the (g) Organize and reorganize the Mayor shall authenticate the bond by endorsement departmental structure of city government; thereon. (Measure 55, November 5, 1985 election). (h) Prepare and transmit to the Council an annual City budget; Section 20A. City Manager (i) Supervise City contracts; (1) The City Manager shall be the administrative head of the government of the City. (j) Supervise operation of all City- The office of City Manager shall be filled by owned public utilities and property; and appointment of the City Council. The Manager shall be the Chief Administrative Officer of the (k) Perform other duties as the Council City, and as such shall be chosen solely on the prescribes consistently with this Charter. basis of administrative qualifications and (Measure 34-58,November 5, 1996 election, Res. experience, without regard to political 96-53). considerations. Appointment and removal of the Manager by the Council shall require the prior Section 21. MUNICIPAL JUDGE. consent of a majority of the full Council recorded at a public meeting. The City Manager shall serve The Municipal Judge shall be the Judicial at the pleasure of the Council, and cause shall not Officer of the City. The Judge shall hold within be required for termination. the City a court known as the Municipal Court for the City of Tigard, Washington County, Oregon. (2) The Manager shall: The court shall be open for the transaction of judicial business at times specified by the (a) Attend all Council meetings unless Municipal Judge. All areas within the City shall excused by the Council or Mayor; be within the territorial jurisdiction of the court. The Municipal Judge shall exercise original and (b) Keep the Council advised of the exclusive jurisdiction of all crimes and offenses affairs of the needs of the City; defined and made punishable by ordinances of the City and of all actions brought to recover or (c) See that the provisions of all enforce forfeitures or penalties defined or ordinances are administered to the satisfaction of authorized by ordinances of the City or as C-4 Code Update: 4/14 THE CITY OF TIGARD CHARTER otherwise provided by state law. The Judge shall Chapter VI have authority to issue process for the arrest of ELECTIONS any person accused of an offense against the ordinances of the City,to commit any such person Section 23. Elections. to jail or admit him or her to bail pending trial,to issue subpoenas, to compel witnesses to appear Except as this Charter provides otherwise, and testify in court on the trial of any cause before and the Council provides otherwise by order, the him, to compel obedience to such subpoenas, to general laws of the State of Oregon shall apply to issue and process documents necessary to carry City elections. (Measure 56, November 5, 1985 into effect the judgments of the court, and to election). punish witnesses and others for contempt of the court. When not governed by ordinances or this Section 24. Charter, all proceedings in the Municipal Court for the violation of a City ordinance shall be Repealed by Measure No. 56, November 5, governed by the applicable general laws of the 1985 election. state governing justices of the peace and justice courts. Defendants in the Municipal Court Section 25. charged with violation of City ordinances shall be entitled to a trial by jury as provided by state Repealed by Measure No. 56, November 5, statutes. (Measure 34-58, November 5, 1996 1985 election. election, Res. 96-53; Measure 55, May 18, 1982 election). Section 26. Section 22. Recorder. Repealed by Measure No. 56, November 5, 1985 election. The Recorder shall serve ex officio as clerk of the Council, attend all its meetings unless Section 27. excused therefrom by the Council, keep an accurate record of its proceedings in a book Repealed by Measure No. 56, November 5, provided for that purpose, and be the City's 1985 election. election officer. In the Recorder's absence from a Council meeting, the Mayor shall appoint a clerk Section 28. Tie Votes. of the Council pro tem who, while acting in that capacity, shall have all the authority and duties of In the event of a tie vote for candidates for an the Recorder. (Measure 52, November 5, 1985 elective office, the successful candidate shall be election). determined by a public drawing of lots in a manner prescribed by the Council. Section 22A. Finance Officer. Section 29. Commencement Of Terms Of The Finance Officer shall be responsible for Office. the administration of the City's fiscal functions and shall sign all orders on the treasury. (Measure The term of office of a person elected at a 52,November 5, 1985 election). regular City election shall commence the first of the year immediately following the election. C-5 Code Update: 4/14 THE CITY OF TIGARD CHARTER Section 30. Oath Of Office. the case of a mayor or councilor, upon his or her absence from the City for 30 days without the Before entering upon the duties of their consent of the Council or upon his or her absence office, every officer shall take an oath or shall from regular meetings of the Council and upon a affirm that they will support the constitutions and declaration by the Council of the vacancy. laws of the United States and of Oregon and (Measure 34-58,November 5, 1996 election, Res. faithfully perform the duties of their office. 96-53). (Measure 34-58,November 5, 1996 election, Res. 96-53). Section 33. Section 31. Nominations. Repealed by Measure 57, May 18, 1982 election. A qualified elector within the meaning of the State Constitution, who will have resided Chapter VIII continuously for a period of twelve(12)months or ORDINANCES more immediately preceding the election in any area which is within the corporate boundaries of Section 34. Enacting Clause. the City as the same shall exist as of a date one hundred twenty (120) calendar days immediately The enacting clause of all ordinances prior to the date of the election, (inclusive of all hereafter shall be, "The City of Tigard ordains as territory previously effectively annexed to the follows:" City), may be nominated for an elective City position. Section 35. Mode Of Enactment. The procedures for nomination and election (1) Except as paragraph (2) of this section for elective City positions shall be governed by provides to the contrary, every ordinance of the the election laws of the State of Oregon, or by Council shall, before being put upon its final City ordinances if such ordinances are not passage, be read fully and distinctly once in open inconsistent with state law. (Measure 56, May 18, Council meeting. 1982 election). (2) Any reading may be by title only (a) if Chapter VII no Council member present at the meeting VACANCIES IN OFFICE requests to have the ordinance read in full or(b)if a copy of the ordinance is posted in at least three Section 32. What Creates Vacancy. public places within the City limits before it becomes law. (Measure 57, November 5, 1985 An office shall be deemed vacant upon the election). incumbent's death, adjudicated incompetence, conviction of a felony, other offense pertaining to (3) Repealed by Measure No. 57,November his or her office, or unlawful destruction of public 5, 1985 election. records, resignation,recall from office; or ceasing to possess the qualifications for the office; upon (4) Upon the final vote on an ordinance, the the failure of the person elected or appointed to ayes and nays of the members shall be taken and the office to qualify therefor within ten days after recorded in the journal. the time for his term of office to commence; or in C-6 Code Update: 4/14 THE CITY OF TIGARD CHARTER (5) Upon the enactment of an ordinance the sale contract or according to a verified writing by Recorder shall sign it with the date of its passage the record holder of legal title to the land filed and the Recorder's name and title of office, and with the City Recorder,the said purchaser shall be the Mayor shall sign it with the date of signature, deemed the"owner". and the name and title of office of the Mayor. (Measure 55, November 5, 1985 election; Section 39. Special Assessments. Measure 54,November 2, 1982 election). The procedure for levying, collecting, and Section 36. When Ordinances Take Effect. enforcing the payment of special assessments for public improvements or other services to be An ordinance enacted by the Council shall charged against real property shall be governed by take effect on the thirtieth day after its enactment. general ordinance. When the Council deems it advisable, however, an ordinance may provide a later time for it to Section 40. Bids. take effect. In case of emergency, an ordinance may take effect immediately, provided that there Except as provided or allowed by state law, is set forth in a separate section the reasons why it all contracts for public improvements to be made must become effective immediately. by a private contractor shall be let to the lowest responsible bidder for the contract and shall be Chapter IX performed in accordance with plans and PUBLIC IMPROVEMENTS specifications approved by the Council. The Council shall have the right to reject any or all Section 37. Condemnation. bids for public contracts. (Measure 51, November 2, 1982 election). Any necessity of taking property for the City by Condemnation shall be determined by the MISCELLANEOUS PROVISIONS Council and declared by a resolution of the Council describing the property and stating the Section 41. Debt Limit. uses to which it shall be devoted. Except by consent of the voters, the City's Section 38. Improvements. voluntary floating indebtedness for general city purposes shall not exceed the limits of state law. The procedure for making, altering, vacating All City Officials and employees who create or or abandoning a public improvement shall be officially approve any indebtedness in excess of governed by general laws of the state. Action on this limitation shall be jointly and severally liable any proposed public improvement, except a for the excess. (Measure 58, November 5, 1985 sidewalk or except an improvement unanimously election). declared by the Council to be needed at once because of an emergency, shall be suspended for Section 42. six months, upon a remonstrance thereto by the owners of two-thirds of the property to be Repealed by Measure 58, May 18, 1982 specially assessed therefor.For the purpose of this election. section "owner" shall mean the record holder of legal title to the land, except that if there is a purchaser of the land according to a recorded land C-7 Code Update: 4/14 THE CITY OF TIGARD CHARTER Section 43. Existing Ordinances Continued. Section 46. All ordinances of the City consistent with Section 45 is and shall be deemed to be an this Charter and in force when it takes effect shall ordinance of the City within the meaning of ORS remain in effect until amended or repealed. 457.075. Therefore, Section 45 may be amended or repealed by non-emergency ordinance adopted Section 44. Time Of Effect Of Charter. by the City Council. The City Council may in the future activate, create, reactivate or recreate an This Charter shall take effect January 1, urban renewal agency in the City in the manner 1963. provided for by law, subject to the limitations of Sections 47 and 48 concerning the methods for URBAN RENEWAL CITIZENS RIGHT financing the activities of such an agency. TO VOTE Section 47. Section 45. After November 6, 2013, the City shall not The voters of the City of Tigard, exercising approve an urban renewal plan or an amendment their powers as the ultimate governing body of the of an urban renewal plan that initiates the use of City as reserved to them by the ordinances of the tax increment financing as a permissible method City and by the Constitution and laws of the State of paying the debts and obligations of the agency of Oregon, do hereby find and determine that unless, prior to the activation and implementation there no longer exists a need for an urban renewal of such tax increment financing, such method is agency in the City. Therefore, the Tigard Urban approved by the voters of the City at a regular or Renewal Agency, as established or activated, by special City election held in May or November. Ordinance No. 81-91,adopted in December, 1981, The City Center Urban Renewal Plan dated is terminated. The facilities, files and personnel(if December 6, 2005, initiated the use of tax any) of the Tigard Urban Renewal Agency shall increment financing and is deemed to be approved be forthwith transferred to the City. The in its entirety for purposes of this Section 47. termination shall not affect any outstanding legal (Measure 34-207,November 5,2013,election). actions, contracts or obligations of said agency, and the City shall be substituted for said agency in Section 48. respect thereto. If, at the time this section is adopted,termination of the Tigard Urban Renewal Any urban renewal plan or amendment Agency is legally prohibited by any mandatory thereof hereafter proposed or adopted shall require provision of controlling state law, the termination that the plan, including the method of financing shall be postponed until such legal impediment same, shall be approved by the voters at a regular has been removed and shall then automatically or special City election in May or November, if become effective; and, in the interim pending the such plan or amendment permits the City or the effective date of such termination, the City shall Agency to impose additional property taxes on not authorize, approve or assist in the incurring of properties outside the urban renewal area to pay any new debt or obligation or in the performance the debts or obligations to be incurred in carrying of any portion of the urban renewal plan. out the plan. Notwithstanding the foregoing, separate approval at an election is not required for: C-8 Code Update: 4/14 THE CITY OF TIGARD CHARTER (1) Expenditures by the City, as Section 51. distinguished from the urban renewal agency, which have been duly identified and included in a The City of Tigard shall not use the duly adopted City budget;or Willamette River as a drinking water source for its citizens unless the question of using the (2) Issuance of Bancroft bonds (ORS Willamette River as a drinking water source has 223.205 to 223.295) in connection with been approved by not less than fifty percent(50%) assessments for local improvement districts, if of voters voting in a City wide election. (Measure such issuance is otherwise authorized by law. 34-8, September 21, 1999 election). (Measure 34-207,November 5,2013,election) Section 52. Section 49. The City of Tigard shall not increase a As used in Sections 45,46,47 and 48: current tax or fee or impose a new local tax or fee for construction costs to build or expand light rail (1) "City" means the City of Tigard, transit line infrastructure without voter Washington County,Oregon. authorization. If the City desires to increase or impose a new local tax or fee for construction (2) "Urban Renewal Agency" means an costs to build or expand light rail transit line agency created or existing under ORS Ch. 457 as infrastructure,it will first call an election and state it now exists or may hereafter be amended, or a the amount of new or additional taxes or fees that similar agency with similar powers and purposes would be used for construction costs to build or created under any other provision of law. expand light rail transit line infrastructure. The voters of the City of Tigard would authorize or (3) "Urban Renewal Plan" means a plan as decline to authorize the spending of the new or defined in ORS 457.010 (11) as it now exists or additional taxes or fees. This Charter Section will may hereafter be amended, or a similar plan automatically expire ten years after its effective adopted under any other provision of law. date. This Charter Section became effective on December 3, 2012 (date determined as specified (4) "Tax Increment Financing" means the in Resolution No. 12-33, Section 6; Measure 34- method of financing described and referred to in 203,November 6,2012 election). ORS 457.420 to 457.460, or a similar method of financing provided for under any other provision Section 53. of law. A. The City of Tigard,as a matter of public Section 50. policy, opposes construction of a new high- capacity transit corridor within the city boundary If any section or portion of this Charter unless voter approval is first obtained. amendment (Sections 45 through 49) is determined unconstitutional or unlawful, the B. A "new high-capacity transit corridor" remaining portions and sections shall be severable includes any portion of regional transit system and shall remain in effect. (Measure 51, proposed for development within the City that September 20, 1983 election). reduces available road capacity in favor of light rail, rail transit or exclusive bus lanes. "Road capacity" includes any roadway within five miles C-9 Code Update: 4/14 THE CITY OF TIGARD CHARTER of the city that currently permits public AUTHENTICATION CERTIFICATE OF automobile traffic or any public rights-of-way that CITY RECORDER could otherwise provide additional road capacity at a future date. I, RALPH V. SYMONS, do hereby certify that I am the duly appointed, qualified and acting C. The City of Tigard may not amend its Recorder of the City of Tigard, Washington comprehensive plan or land use regulations to County, State of Oregon, and as such have the accommodate the siting of a new high-capacity care and control of the official records of said city. transit corridor project if such project has not first received voter approval at an election on an I further certify that pursuant to resolution of the authorization ordinance. An authorization City Council of Tigard, duly adopted at its regular ordinance submitted to voters must describe: meeting of October 8, 1962, there was referred to the voters of the City of Tigard, in conformity 1. The total amount of road capacity that with initiative and referendum powers contained would be reduced by the new high- in Ordinance No. 62-20 of said city, at the regular capacity transit corridor; city election of November 6, 1962,the question of the adoption of the above herein and foregoing 2. Any increases in housing density or Charter of the said city, and that a total of 631 changes to land use regulations within votes were cast with respect to said charter the city that will be proposed to site or proposal at said election of which 456 votes were otherwise accommodate the new high- cast in favor of said charter and 175 votes were capacity transit corridor; and cast against same, and that as shown by the official canvass of the returns of said election, the 3. The projected public cost of the entire above herein and foregoing Charter was duly high-capacity transit corridor project. adopted by the people of the City of Tigard at said election of November 6, 1962, by majority of the Sufficient public notice for an authorization votes cast. ordinance under this subsection is provided to city voters if the certified ballot title accurately I further certify that I have carefully compared the summarizes the information required in this above and foregoing copy with the original of said subsection and provides a link to a detailed charter proposal as filed in my office and that the description hosted on a city website. If sufficient foregoing copy is a correct transcript therefrom public notice cannot be accomplished in the and the whole of said original as the same now manner above, the city shall provide such appears on file in my office and in my official information to voters by mail at least 21 days in custody. advance of the election. I further certify that by resolution of the City D. Every year the City shall send a letter Council of the City of Tigard, Oregon, duly notifying the following public officials of this passed at its regular meeting of November 26, policy: the Governor of Oregon, the Director of 1962, the above herein and foregoing Charter was the Oregon Department of Transportation, duly proclaimed and confirmed as the Charter of Washington County Commissioners, Metro the City of Tigard, Oregon, to be effective by its Councilors, the TriMet Governing Board and the terms on and after January 1, 1963. Director of the Federal Transit Administration. (Measure 34-210,March 11,2014 election). In Witness Whereof I have hereunto set my hand C-10 Code Update: 4/14 THE CITY OF TIGARD CHARTER and affixed the official seal of the City of Tigard, Oregon, this 14th day of January, 1963. Ralph V. Symons, Recorder of the City of Tigard, Washington County, Oregon.• C-11 Code Update: 4/14 Election Results for Charter Amendments for Reference (not official certification) Election Results Charter Amendment Description Date 11/06/62 approved Adopt city charter 07/10/63 Approved Amended charter to authorize$150,000 sewer bonds 05/25/65 failed Charter amendment establishing the position of City Manager 09/23/68 failed Charter amendment authorizing$750,000 bond issue. 09/03/74 approved Charter amendments relating to qualification of officers and nominations for elective offices 05/18/82 increase in Council members failed, other Proposals to amend city charter to increase Council changes approved members from four to six and make other changes, Resolution No. 82-23 11/02/82 Proposed charter amendments(Resolution No. 82- 89) Approved: Proposal to simplify city bid process, Term limit for mayor and councilors, Simplify ordinance adoption methods Failed: Proposal to increase of city debt limit, Change council voting rules 09/20/83 both approved Resolution No. 83-53 Proposed charter amendments restricting City Council urban renewal activities and prohibiting issuance of certain tax increment financing bonds 11/05/85 all approved Resolution No. 85-77 Charter amendments to limit terms of mayor and council, establish a finance officer, allow meeting notice to conform with state law,provide that an abstention not be counted as a no vote, allow additional time for signing ordinances, and change city election procedures to conform with state law 11/04/86 Charter Amendment approved, Resolution No. 86-95 -Charter Amendment relating to the temporary filling of Council vacancies 05/15/90 Term change approved Charter Amendment to change term of Mayor to four years 05/17/94 Charter Amendment approved Amendment of Charter relating to filling City Council vacancies Election Results for Charter Amendments for Reference(not official certification) Election Results Charter Amendment Description Date 11/05/96 Amendments approved Tigard Charter Amendments: Res 96-53 —references to gender deleted, city administrator title changed to city manager, city manager duties established,process for removal and appointment of city manager Res. 96-54—no longer elect councilors by position number,process for filling a council vacancy 11/03/98 Charter Amendments approved Amendment to Charter—Res. 98-46—City Manager designated as Budget Officer; how to select City Council president if current president vacates office 9/21/99 Charter Amendments approved Res 99-48—Voter approval requirement for Willamette River Water as a Drinking Water source 5/16/06 Urban Renewal approved Measure 34-114—City Center Urban Renewal Plan 5711 Yes and Tax Increment Financing 3002 No 11/6/2012 Charter Amendment Approved Resolution No. 12-33 —Measure 34-203 -- Vote 18,039 Yes Required to use certain funds for light rail 3,869 No construction. 11/5/2013 Charter Amendment Approved Resolution No. 12-35—Measure 34-207—Charter 5,231 Yes amendment to clarify urban renewal provisions. 1,700 No 3/11/2014 Charter Amendment Approved Resolution No. 14-11 —Measure 34-210—Charter 5,094 Yes amendment to adopt policy opposing new high- 4,864 No capacity transit corridor projects. I:\adm\carol\election\election history\charter amendment election history.docx 3// 7/a o /\ ra14' CHARTER AMENDMENT CHOICES 1 TERM LIMITS FOR MAYORS 2 +1. 3 NONE 2 TERM LIMITS FOR COUNCILORS 2 3 NONE 3 NUMBER OF COUNCILORS 4 6 4 SEAT REPRESENATIVE OPEN POSITION DISTRICTS 1 City of Tigard, Oregon •` Affidavit of Posting TIGARD In the Matter of the Proposed Ordinance(s) o j STA 1'L OF OREGON ) County of Washington ) ss. City of Tigard /� ) I, C/L/ /-� , 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) /5 - 6 L/ ,which were adopted at the City Council meeting of 3/i 7/:=272/-5.—,with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of / I" A _ ,20 f . 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 Signature of Person who Perfo e�ting Subscrib and sworr . - )efore me this , .J da of , 20 2a AL-) /1)-14t Signature of Notary Public fo4r gon -OFFICIAL SEAL e NORMA I ALLEY ) NOTARY PUBLIC-OREGON is\adm\cathyVorms\post ordinance 2006.doe 1 d1 COMMISSION NO.465295 )) W COMMISSION EXPIRES MARCH 23,2016 9