City Council Packet - 02/16/2016
TIGARD CITY COUNCIL
MEETING DATE AND TIME:February 16, 2016 - 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 503-718-2419 (voice) or
503-684-2772 (TDD - Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead
time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by
calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf).
VIEW LIVE VIDEO STREAMING ONLINE:
http://live.tigard-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
TIGARD CITY COUNCIL
MEETING DATE AND TIME:February 16, 2016 - 6:30 p.m.
MEETING LOCATION:City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223
6:30 PM
1.WORKSHOP MEETING
A.Call to Order - City Council
B.Roll Call
B.Pledge of Allegiance
D.Call to Council and Staff for Non-Agenda Items
2. ANNUAL REPORT ON THE MUNICIPAL COURT PROGRAMS AND CASELOAD - 6:35
p.m. estimated time
3. DISCUSSION ON A POTENTIAL INTERGOVERNMENTAL AGREEMENT WITH
METRO FOR A COMMUNITY PLANNING AND DEVELOPMENT GRANT - 7:00 p.m.
estimated time
4. DISCUSSION REGARDING RENEWING ANNEXATION INCENTIVES - 7:20 p.m.
estimated time
5.NON AGENDA ITEMS
6.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.
7.ADJOURNMENT - 7:40 p.m. estimated time
AIS-2531 2.
Workshop Meeting
Meeting Date:02/16/2016
Length (in minutes):25 Minutes
Agenda Title:Tigard Municipal Court Annual Report
Prepared For: Nadine Robinson, Central Services
Submitted By:Nadine Robinson, Central Services
Item Type: Update, Discussion, Direct Staff Meeting Type: Council
Workshop
Mtg.
Public Hearing: No Publication Date:
Information
ISSUE
Judge O'Brien and Nadine Robinson, Central Services Director, will provide an update on the
status of the municipal court's programs and caseload.
STAFF RECOMMENDATION / ACTION REQUEST
N/A
KEY FACTS AND INFORMATION SUMMARY
As in previous years, the court’s 2015 caseload was predominantly minor traffic violations.
Recognizing that for many citizens resolving a citation is the only contact they will have with
the judicial system the court continues to assign high priority to public education about
Oregon law and traffic safety.
In 2015 5,590 violations were filed in municipal court. Of those, convictions were entered in
78% of the cases. During this time period, the court imposed $1,033,419 in fines and
assessments. The court collected $899,885 in fines and assessments that were imposed over
multiple years. Included in the total imposed and collected are statutory assessments that are
required to be remitted to state and local agencies.
The major change in municipal court in 2015 was the expansion of the diversion program. In
FY 14-15, approximately 10% of defendants were offered the opportunity to participate in a
traffic safety diversion. Since September, 20% of court customers have elected to participate
in a program.
Because the program began in the last quarter of CY 2015, there is insufficient data at this
point to reach any firm conclusions about compliance rates and fiscal impacts. However, the
preliminary data for the primary traffic safety class being offered, Choices 1, shows that 92%
preliminary data for the primary traffic safety class being offered, Choices 1, shows that 92%
of defendants have successfully completed the program. Additionally, an unaudited review of
the financial data shows the program is revenue neutral.
We were happy to welcome a court operations supervisor to the staff in December. Anna
Mae Gliebe comes to Tigard after serving as a court clerk with the Beaverton Municipal Court
for the five years. We believe the expertise Anna Mae brings to the position will improve
efficiency and enhance the service provided to the public.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
The court supports the strategic plan by providing information to the public that promotes
safety. The main tools to provide information are brochures, Cityscape articles and the
website.
DATES OF PREVIOUS COUNCIL CONSIDERATION
The annual report for 2014 was presented February 17, 2014.
Attachments
2016 Annual Court Report
Annual Court Report PPT
City of Tigard
Memorandum
To:Honorable Mayor and City Council
From:Michael J. O’Brien, Presiding Judge
Nadine Robinson, Central Services Director
Anna May Gliebe, Court Operations Supervisor
Re:17th Annual Report from Tigard Municipal Court
Date:February 1, 2016
We are pleased to present our 17th annual review of Tigard Municipal Court (TMC)
operations and policies to Council and the City Manager.
1. Highlights of 2015:Beginning in September, the court implemented the expanded
traffic diversion program approved by Council in August. Preliminary data suggests that the
program is functioning as expected. During the last quarter of 2015, the court reorganized,
resulting in the hiring of a court operations supervisor.
2. 2015 Caseload (Table 1): Last year the court adjudicated 5,990 traffic,
misdemeanor, parking and civil offenses, about 10% less than in 2014.
Monthly fluctuations in court filings ranged from a high of 703 in March to a low of 344
in October. The October caseload was one of our lowest in many years, but fortunately it
coincided with a period of recruitment and staff cross-training that had been anticipated long in
advance.
The majority of the court’s caseload, as in past years, consists of traffic violations under
Chapter 811 of the Oregon Revised Statutes and Tigard ordinances. The three most common
Table 1 - Annual Court Caseloads
CY 2011-15
2015 5,990
2014 6,675
2013 7,180
2012 9,105
2011 8,349
violations and their percentages remained unchanged from 2014:
Violation types 2015 2014
Speeding 2,172 2,369
Cellphones 806 1,044
Traffic control 659 712
Total 3,637 4,125
% of caseload 61 62
Citations for license and insurance violations continued at a high level in 2015,
constituting 14% of the court’s caseload. Other common violations included: Unlawful passing,
Following too closely, Careless driving and Failure to use safety belts.
3. Disposition of cases by percentage in 2015:
Guilty by judge:31%
Guilty by clerk:32
Guilty by default:15
Acquitted or dismissed:16
Other: 6
4. Tigard Police Department’s Distracted Driver Diversion Program (DDDP):
To be eligible for the DDDP, drivers must personally appear in court and have a clear record
for the past two years. They are required to take a class and pay an $80 fee to the court along
with an additional $25 fee for the class within 90 days. Eligible drivers rarely declined the
opportunity to participate.
The vast majority (81%) of the 359 drivers who chose to enter the DDDP program
completed it successfully, resulting in dismissal of their citations. Since drivers must plead “no
contest” to enter the program, guilty findings and fines were imposed on the 18% who failed to
meet all diversion requirements.
5. Expanded traffic diversion program:As authorized by Council last August, the
court has expanded eligibility for traffic diversion programs to all drivers with clear records for
the previous five years. The requirements are otherwise the same as those for the DDDP,
though the court fee depends on the level of the offense, ranging from $55 for a Class D
violation to $220 for a Class A violation.
Because the program only began in the last quarter of CY 2015, there is insufficient data
at this point to reach any firm conclusions about compliance rates and fiscal impacts. However,
preliminary figures suggest that compliance rates are around 85%, or almost the same as the
current DDDP percentage.
6. New legislation: Unlike recent years, when fine schedules were routinely revised
from one session to the next, the 2015 legislative session took no action that affected the daily
operation of courts. Courts are now required to permit recording of court proceedings upon
request, subject to certain conditions, but the impact is likely to be small.
During the coming session, Oregon legislators may consider amending the state statute
on mobile communications devices in response to a recent Court of Appeals decision that
narrows its scope significantly.
7. Public information programs:The court continues to assign high priority to public
education about Oregon law and traffic safety. Our goal is to utilize a defendant’s time in court
and at the counter to maximize the impact of the process thereby reducing recidivism. The
judge’s Rules of the Road column appears monthly in Cityscape, as it has since 2007.
8. 2015 fiscal highlights:
Total fines and fees imposed: $1,033,419
Total amount collected including fines and state and county fees:
$899,885
E-payments totaled $188,786
9. Staff development:The judge and court manager attended the ODOT Judicial
Education conference in March. The judge also attended the Oregon Municipal Judges’
Association (OMJA) Fall Conference in September, where he participated in a panel discussion.
He also completed his first year of service as a member of the OMJA Board of Directors. In
December, Anna Mae Gliebe joined the Tigard Municipal Court as the new Court Operations
Supervisor.
Court clerks Brenda Annis and Morgan McFadden each attended one of the biannual
conferences sponsored by the Oregon Association for Court Administration. Court clerk
Morgan McFadden also participates in tutoring to increase her fluency in Spanish.
In closing, we wish to note the December retirement of Court Clerk Christine Snodgrass,
who ably served the City since she joined our staff in 1989. We also wish to acknowledge the
dedication and professionalism of Brenda Annis and Morgan McFadden during 2015.
Please let us know if you require any additional information.
City
ofnTigard
Respect and Care | Do the Right Thing | Get it Done
City
ofnTigard
Respect and Care | Do the Right Thing | Get it Done
Presented to: Tigard City Council
February 16, 2016
2016 Annual Report to Council
Tigard Municipal Court
Michael J. O’Brien, Presiding Judge
Nadine Robinson, Central Services Director
Anna Mae Gliebe, Court Operations Supervisor
City of Tigard
1. Traffic
2. Civil infractions
3. Youth Court
4. Public information
Municipal Court Programs
City of Tigard
5,990 violations filed
10% below 2014
Implemented expanded traffic diversion
program
Reorganized court structure and recruited
Court Operations Supervisor
2015 Calendar Year Highlights
City of Tigard
Violations filed 2011 – 2015
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
2011 2012 2013 2014 2015
N u m b e r
o f C a s e l o a d s 8,349 9,105
7,180 6,675 5,990
Annual Court Caseloads
City of Tigard
2014
2015
2369
2172
1044
806
659
712
Speeding Cellphones Traffic control devices
Three Most Common Violations
City of Tigard
Acquitted or
dismissed
16%
Other 6%
Guilty by
judge
31%
Guilty by clerk
32%
Guily by
default
15%
Percent of Caseload
2015 Dispositions
City of Tigard
Provide an impartial forum for adjudications
Promote public safety through education and
sanctions on offenders
Full opportunity to be heard and considered in court
Respectful courtroom and administrative process
for all parties and witnesses
Fair, professional and efficient dispositions
Philosophy and Goals
City of Tigard
Proportionate sanctions to deter subsequent
offenses
Consider individual circumstances consistent with
law and workloads
Reduce recidivism through education about public
safety, relevant laws and legal processes
Diversion programs to provide traffic safety
education
Sanctions Philosophy
City of Tigard
September: expanded traffic diversions began
TPD Distracted Driver Diversion Program:
45% of 806 drivers with cellphone violations
enrolled
81% dismissed or still pending
18% converted to guilty findings, convictions
Diversion Programs – 2015
City of Tigard
Eligibility: licensed adults with clear records for 5 years
(about 20% of caseload)
DDD Program: 2-year “lookback”
Administrative fee equal to minimum fine – becomes a
judgment if noncompliant, goes on DMV record
Pay for and attend approved safety class within 90 days
Citation then dismissed – no DMV entry
Expanded diversions in 2015
City of Tigard
Tigard Police Department’s Distracted
Driver Diversion Program
Court Services Institute classes
Trauma Nurses Talk Tough (Legacy)
Young Driver Improvement (Legacy)
AARP Smart Driver classes
SAFE classes
Safety education programs– 2015
City of Tigard
Fix-It program for equipment violations – $40
administrative fee, then dismissal
Driving While Suspended / No Operator’s
License: fines reduced if in compliance
Insurance violations:
Dismissed under ORS if valid at stop
Fines reduced upon proof of compliance after stop
Compliance Program - 2015
City of Tigard
Total financial obligation imposed: $1,033,419
Total amount collected, includes fines and state
and county fees: $899,844
E-payments totaled $188,786
Budget Highlights — 2015
City of Tigard
Information provided in the courtroom, at the counter
and online
Safety education promoted through expanded
diversion programs
Brochures and handouts on various subjects
Online court rules for attorneys, general public
Judge’s “Rules of the Road:” over 100 columns since
2007
Public Information Program
City of Tigard
Judge attended ODOT’s annual Judicial Education
Conference and OMJA Fall Conference
Judge served on OMJA Board of Directors
Court Clerks Brenda Annis and Morgan
McFadden attended OACA conferences
Court Clerk Morgan McFadden is participating in
tutoring to increase fluency in Spanish
Other Court Activities
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
Court Operations Supervisor:
Anna Mae Gliebe
Court Clerks:
Brenda Annis
Morgan McFadden
www.tigard-or.gov/court
Tigard Municipal Court
AIS-2496 3.
Workshop Meeting
Meeting Date:02/16/2016
Length (in minutes):20 Minutes
Agenda Title:Metro IGA for Tigard Triangle Grant Award
Prepared For: Susan Shanks Submitted By:Susan
Shanks,
Community
Development
Item Type: Update, Discussion,
Direct Staff
Meeting Type: Council
Workshop
Mtg.
Public Hearing
Newspaper Legal Ad Required?:
No
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Should the city enter into an Intergovernmental Agreement (IGA) with Metro for $145,250 in
Community Planning and Development Grant (CPDG) funds for the purpose of
implementing the Tigard Triangle Strategic Plan?
STAFF RECOMMENDATION / ACTION REQUEST
This briefing is for informational purposes only. Staff recommends that Council consider
entering into the attached IGA with Metro at their February 23, 2016 business meeting.
KEY FACTS AND INFORMATION SUMMARY
The city submitted a CPDG application to Metro in June 2015 requesting funds to implement
key recommendations contained in the Tigard Triangle Strategic Plan. In its application, the
city requested $145,250 in grant funds and proposed to commit consultant budget and staff
time as its local grant match, totaling $67,500 and $90,500 respectively.
Metro Council approved the city’s grant request in November 2015, and the attached IGA
formally acknowledges the grant award, describes the funding terms, and summarizes the
city’s performance responsibilities. Exhibit A, which is attached to the IGA, identifies the
milestones, deliverables, and reimbursement schedule specific to this grant award.
The Tigard Triangle Lean Code is included as a deliverable in Exhibit A with no grant
payment. This is because the $67,500 budget for this deliverable represents the city’s total
consultant match. This part of the project is currently underway through a contract with
Placemakers. The remaining key deliverables included in Exhibit A that are not yet underway
and which will be funded by this grant are as follows:
• Streetscape Design Plan
• Opportunity Site Analysis
• Urban Renewal Plan
• Urban Renewal Educational Campaign and Rebranding Strategy
These grant-funded deliverables will be developed with the assistance of a consultant team. To
that end, staff developed a detailed scope of work and prepared and published a Request for
Proposals on January 22, 2016. Staff intends to brief Council on the scope of work and RFP
results, including a proposed contract award, at their upcoming March 8 meeting. Any future
contract awarded to the successful proposer is contingent upon the city entering into this
IGA with Metro.
OTHER ALTERNATIVES
Council may choose not to enter into this IGA with Metro. This would not affect the Lean
Code project, but it would result in either delaying or abandoning the other aspects of this
project.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
Council Goal 3: Adopt and Begin Implementation of Tigard Triangle Strategic Plan
Approved Plan: Tigard Triangle Strategic Plan adopted March 2015
DATES OF PREVIOUS CONSIDERATION
Council directed staff to submit a CPDG application to Metro in June 2015.
Attachments
Final Draft IGA
Page 1 – CET PLANNING & DEVELOPMENT GRANT IGA – Metro & City of Tigard
CONSTRUCTION EXCISE TAX GRANT
INTERGOVERNMENTAL AGREEMENT
Metro – City of Tigard
Tigard Triangle Walkable Suburban Development Project
This Construction Excise Tax Grant Intergovernmental Agreement (“Agreement”) is effective on the
last date of signature below, and is entered into by and between Metro, a metropolitan service district organized
under the laws of the state of Oregon and the Metro Charter, located at 600 Northeast Grand Avenue, Portland
OR, 97232 (“Metro”), and the City of Tigard (“City”), located at _______________________, collectively
referred to as “Parties.”
WHEREAS, Metro has established a Construction Excise Tax (“CET”), Metro Code Chapter 7.04,
which imposes an excise tax throughout the Metro regional jurisdiction to fund regional and local planning that
is required to make land ready for development after inclusion in the Urban Growth Boundary; and
WHEREAS, the CET is collected by local jurisdictions when issuing building permits, which the local
jurisdictions then remit to Metro pursuant to Construction Excise Tax Intergovernmental Agreements to
Collect and Remit Tax entered into separately between Metro and the local collecting jurisdictions; and
WHEREAS, the City has submitted a CET Grant Request (“Grant Request”) for the Tigard Triangle
Walkable Suburban Development Project (“Project”); and
WHEREAS Metro has agreed to provide the City CET Grant funding for the Project in the amount of
$145,250, subject to the terms and conditions set forth herein, and the parties wish to set forth the funding
amounts, timing, procedures and conditions for receiving grant funding from the CET fund for the Project.
NOW THEREFORE, the Parties hereto agree as follows:
1. Metro Grant Award. Metro shall provide CET grant funding to the City for the Project as broadly
described in the City’s CET Grant Request, attached hereto as Exhibit B and incorporated herein (“Grant
Request”), in the amounts and at the milestone and deliverable dates as set forth in Exhibit A attached hereto
and incorporated herein, subject to the terms and conditions in this Agreement. In the event of a conflict
between Exhibit A and Exhibit B, Exhibit A shall govern.
2. City Responsibilities. The City shall perform the Project as broadly described in the Grant Request and
as specified in this Agreement and in Exhibit A, subject to the terms and conditions specified in this Agreement
and subject to the “funding conditions” recommended by the Metro Chief Operating Officer and adopted by the
Metro Council in Resolution No. 15-4640. The City shall obtain all applicable permits and licenses from local,
state or federal agencies or governing bodies related to the Project , and the City shall use the CET funds it
receives under this Agreement only for the purposes specified in the Grant Request and to achieve the
deliverables and/or milestones set forth in Exhibit A. In the event of a conflict between Exhibit A and Exhibit
B, Exhibit A shall govern.
3. Payment Procedures. Within 30 days after the completion of each deliverable/milestone as set forth in
Exhibit A, the City shall submit to Metro an invoice describing in detail its expenditures as may be needed to
satisfy fiscal requirements. Within 30 days of receiving the City’s invoice and supporting documents, and
Page 2 – CET PLANNING & DEVELOPMENT GRANT IGA – Metro & City of Tigard
subject to the terms and conditions in this Agreement, Metro shall reimburse the City for its eligible
expenditures for the applicable deliverable as set forth in Exhibit A. Metro shall send CET payments to:
City of Tigard
_________________ Department
Attention: _______________
________________________
________________________
4. Funding Provisions.
(a) CET Funds. Metro’s funding commitment set forth in this Agreement shall be fulfilled solely
through the programming of CET funds; no other funds or revenues of Metro shall be used to satisfy or
pay any CET Grant funding commitments. The parties recognize and agree that if the CET is ever held
to be unenforceable or invalid, or if a court orders that CET funds may no longer be collected or
disbursed, that this Agreement shall terminate as of the effective date of that court order , and that
Metro shall not be liable in any way for funding any further CET grant amounts beyond those already
disbursed to the City as of the effective date of the court order. In such case the City shall not be liable
to Metro for completing any further Project deliverables as of the date of the court order.
(b) Waiver. The parties hereby waive and release one another for and from any and all claims,
liabilities, or damages of any kind relating to this Agreement or the CET.
5. Project Records. The City shall maintain all records and documentation relating to the expenditure of CET
Grant funds disbursed by Metro under this Agreement, as well as records and documentation relating to the
$158,000 financial match being provided by the City for the Project. The City shall provide Metro with such
information and documentation as Metro requires for implementation of the CET grant process. The City shall
establish and maintain books, records, documents, and other evidence in accordance with generally accepted
accounting principles, in sufficient detail to permit Metro or its auditor to verify how the CET Grant funds were
expended, including records demonstrating how City matching funds were expended. Metro and its auditor shall
have access to the books, documents, papers and records of the City that are directly related to this Agreement, the
CET grant moneys provided hereunder, or the Project for the purpose of making audits and examinations.
6. Audits, Inspections and Retention of Records. Metro and its representatives shall have full access to and the
right to examine, during normal business hours and as often as they deem necessary, all City records with respect
to all matters covered by this Agreement and Exhibit A. Such representatives shall be permitted to audit, examine,
and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials,
payrolls and other matters covered by this Agreement. All documents, papers, time sheets, accounting records, and
other materials pertaining to costs incurred in connection with the project shall be retained by the City and all of
their contractors for three years from the date of completion of the project, or expiration of the Agreement,
whichever is later, to facilitate any audits or inspection.
7. Term. This Agreement shall be effective on the date it is executed by both parties, and shall be in effect
until all deliverables/milestones have been achieved, all required documentation has been delivered, and all
payments have been made as set forth in Exhibit A, unless terminated earlier pursuant to this Agreement .
8. Amendment. This Agreement may be amended only by mutual written agreement of the Parties.
9. Other Agreements. This Agreement does not affect or alter any other agreements between Metro and the
City.
Page 3 – CET PLANNING & DEVELOPMENT GRANT IGA – Metro & City of Tigard
10. Authority. City and Metro each warrant and represent that each has the full power and authority to enter
into and perform this Agreement in accordance with its terms; that all requisite action has been taken by the
City and Metro to authorize the execution of this Agreement; and that the person signing this Agreement has
full power and authority to sign for the City or Metro, respectively.
Metro City of Tigard
By: ____________________________ By: _______________________________
Martha Bennett
Title: Metro Chief Operating Officer Title: City Manager
Date: ____________________________ Date: _____________________________
Approved as to Form:
Approved as to Form:
By: ____________________________
Alison R. Kean
By: ______________________________
Title: Metro Attorney Title: City Attorney
Date: __________________________ Date: _____________________________
Attachments:
Exhibit A – Milestones and Deliverables Schedule
Exhibit B – City’s Grant Request
1
Exhibit A
IGA for Community Planning and Development Grants funded with CET
Tigard Triangle Walkable Suburban Development
Milestone and Deliverables Schedule for Release of Funds
Milestone
Deliverable Date Due* Grant
Payment
1 Execution of CET Grant IGA
a) Signed IGA document
Feb 29, 2016
$0
2 Lean Code Development
a) Stakeholder Engagement
b) Draft Code and Related Amendments
c) PC and CC Briefings
d) Public Review & Comment
Oct 31, 2016
$0
3 Lean Code Adoption
a) Public Notice & Comment
b) PC and CC Hearings
c) CC Adoption
Dec 31, 2016
$0
4 Urban Renewal Plan Development
a) Urban Renewal Plan
b) Opportunity Site Analysis
c) Streetscape Design Plan
d) Stakeholder Engagement
e) TAC and CAC Review & Comment
f) PC and CC Briefings
g) Public Review & Comment
h) Midterm progress report
Dec 31, 2016
$105,250
5 Urban Renewal Plan Adoption
a) Public Notice & Comment
b) PC & CC Hearings
c) CC Adoption
Jan 31, 2017
$0
6 Urban Renewal Campaign & Rebranding Strategy
a) Campaign and Rebranding Strategy
b) Campaign and Rebranding Materials
c) Campaign and Rebranding Implementation
d) Urban Renewal Public Vote (May 16, 2017)
e) Final Progress Report with performance measures
Jul 31, 2017 $40,000
7 Next Steps
[only necessary if Urban Renewal public vote fails]
Nov 30, 2017 $0
2
a) Voting Analysis (including likely cause(s) of failure)
b) Alternatives Analysis & Recommendation(s)
c) CC Briefing(s)
d) CC Direction
e) Final Progress Report with performance measures
TOTAL REIMBURSABLE AMOUNT
$145,250**
* Due dates are intended by the parties to be hard estimates of expected milestone completion dates. If
the City anticipates that a due date cannot be met due to circumstances beyond its control, it shall inform
Metro in writing no later than ten (10) days prior to the due date set forth above and provide a revised
estimated due date; and Metro and the City shall mutually agree upon a revision to the milestone due
dates set forth in this Agreement.
** If the Grant contained any Funding Conditions, Grantee shall demonstrate satisfaction with those
conditions at the applicable milestone or deliverable due dates.
Note:
City of Tigard financial match = $67,500. City of Tigard in-kind match = $90,500.
Acronyms:
PC = Planning Commission
CC = City Council
TAC = Technical Advisory Committee
CAC = Citizen Advisory Committee
May 27, 2015
Martha Bennett, Metro Chief Operating Officer
Community Development and Planning Grants, Attn: Gerry Uba
600 NE Grand Avenue
Portland, OR 97232
Re: Community Planning and Development Grant Application-Tigard Triangle
Dear Martha,
On behalf of the City of Tigard and the Tigard City Council, I am pleased to submit this grant
application to complete pre-development activities within the Tigard Triangle. The Tigard City
Council authorized the application by resolution on May 26, 2015.
The Tigard Triangle project is for pre-development feasibility assistance that will lead to:
Adoption of a new “Lean Code” that emphasizes design and is largely form-based, is efficiently
administered and results in development that contributes to the district’s strong and clear
pedestrian orientation;
Identification of optimal sites, partnerships and development tools to facilitate a mixed-use,
walkable development patterns in the district, and completion of pre-development activities for a
walkable, mixed-use project on at least one site;
Utilization of urban renewal as a tool to encourage this development pattern; and
Re-branding of the Triangle from a “drive-to” big box and office center to a pedestrian-oriented,
mixed-use district.
This project will build upon the Tigard Triangle Strategic Redevelopment Plan (completed March 2015)
which details the long-range vision for the Triangle. The plan includes a diverse mix of uses, improved
connectivity for all travel modes and an enjoyable walking environment. Implementation strategies
were also identified in the plan, and several are part of the proposed grant application - including the
drafting and adoption of new Triangle code regulations, identification of catalyst sites and
consideration of urban renewal as a funding tool for needed infrastructure.
The City of Tigard is dedicated to transforming the Triangle’s development capacity and changing the
area into a walkable, mixed-use district. With Metro's assistance, this project will establish a new
development pattern in the Triangle that aligns with Tigard’s vision for the role the Triangle will play
as part of the Tigard Town Center.
This grant application is one of two requests the city has for CET grant funds. The Tigard Triangle
Walkable Suburban Development project is our second highest priority.
If you have questions concerning this application, please contact Community Development Director
Kenny Asher at 503-718-2443 or KennyA@tigard-or.gov.
Sincerely,
John L. Cook, Mayor
City of Tigard
1
Tigard Triangle
Walkable Suburban Development Implementation
Community Planning & Development Grant Application
June 1, 2015
PROJECT NARRATIVE
A. Project Description
The Tigard Triangle Community Planning and Development project will support pre-development assistance that:
o Prepares and adopts a new “Lean Code” that emphasizes design and is largely form-based, is efficiently
administered and used, and results in development that contributes to the district’s strong and clear
pedestrian orientation
o Identifies optimal sites, partnerships and development tools to facilitate a new, walkable development
pattern in the district
o Completes predevelopment activities for a walkable mixed use development project on at least one site.
o Examines urban renewal as a tool to encourage this development pattern
o Rebrands the Triangle from a “drive-to” big box and office center, to a pedestrian-oriented, mixed use
district
The following is a detailed work plan describing project goals and expected outcomes, and work products to be
produced as a result of work by the City and through proposed grant funding. Attachment 1 shows the Tigard
Triangle district, and Attachment 2 sample photos of the area.
1. A Lean Code for the Tigard Triangle-Milestone 1
The City intends to develop implementing regulations that will foster development of a walkable and interconnected
community within the 450-acre area known as the Tigard Triangle. The Triangle is an existing plan district that has
struggled to develop as originally envisioned with a mix of uses and a strong pedestrian/bikeway system. Having just
completed a community-supported concept plan update, the Tigard Triangle Strategic Redevelopment Plan, focus
now turns to implementation and modification of city regulations. Three principal objectives are sought:
1. Design: New development in the Tigard Triangle will result in a walkable community where people enjoy
healthy and interconnected lives. This primarily means incentivizing and requiring the development of
streets, blocks, buildings, landscaping and access-ways that usher in a highly walkable environment for
Triangle residents, workers, and visitors.
2. Process: The new code will enable development to occur without lengthy review time or undue expense.
The code should be largely form-based, simple to understand, grounded in common sense, and supportive
of entrepreneurial development and small, local enterprise.
3. Results: By implementing a “lean” code, a mixture of development projects should be incentivized,
including temporary uses to demonstrate new ideas for using land and establishing the Tigard Triangle as an
exciting place and burgeoning community. A key feature of the new code will be its appeal to developers,
builders and property owners even with its rigorous pedestrian orientation.
Task 1.1. Establish Public Involvement Process
Prepare and execute public involvement plan
Re-engage stakeholders active in the Tigard Triangle Strategic Redevelopment Plan
Seek opportunities to build relationships and bring new viewpoints to the project
Build support from people who are invested in the Triangle or want to help shape the community
Ensure that the vision and plans are inclusive of the communities represented here
Task 1.2. Background Research
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Review existing plans, reports and other documents
Identify lean code examples and precedents
Identify options for efficient code administration
Task 1.3. Develop Lean Code Elements:
Pedestrian Oriented Streets - Some building sites face conflicts between providing building frontage along
key pedestrian streets and at prominent corners, while still allowing for parking. Design standards are
needed to make all streets pedestrian friendly while still allowing for parking, automobile access and
development feasibility.
Connectivity - There is a lack of pedestrian connectivity between existing developments as well as an
incomplete street/sidewalk system that makes it difficult to move through the Triangle without traveling by
car. Implementation will need to ensure that pedestrian connections are made between developments and
within large development sites.
Transportation - Existing parking standards do not support a walkable, mixed-use style of development and
so are expected to change. However, the area has limited transit service and is difficult to reach by biking or
walking from other areas. The Triangle’s location offers easy auto access and is attractive to
employers/businesses for that reason. Parking requirements need to acknowledge the transitional nature of
the district without perpetuating over-reliance on vehicle travel.
Flexibility - Natural features, topography, and existing development patterns sometimes do not allow for
strict adherence to the code. Flexibility is needed in design standards to accommodate these factors.
Existing Small Lots - Several areas of the Triangle were historically residential with single family homes on
small lots. These homes and small lot pattern remain, resulting in large areas under multiple ownerships.
Existing codes and regulations discourage small scale development. Yet to achieve a critical mass of people
in the district, development at all scales is desired. At the same time, development projects cannot be
disconnected from one another nor from the public realm.
Commercial Bottom Floor - Mixed use development is allowed but not currently required within the
Triangle. However, the City is seeking a way to encourage commercial uses or commercial ready space on
ground level floors in key areas. Other parts of the city suffer for the disaggregation of uses and the
resulting need for automobile use. This pattern should not be repeated in the Triangle if it can be avoided.
Parks/Open Space/Trails - The Triangle plan identifies parks, trails and open spaces as key elements for a
successful implementation. The city will seek opportunities to purchase and develop these amenities.
Red Rock Creek - A key feature of the plan is the Red Rock Creek trail. The development code currently only
requires dedication of trail easements within the 100-year floodplain. A strategy is needed to address
dedication for trails in more areas than just floodplain.
Task 1.4. Draft the Lean Code and Other Amendments
Prepare draft code sections and graphics
Prepare amendments to other Code sections as needed
Task 1.5. Lean Code Adoption
Planning Commission hearings and decision
City Council hearings and adoption
2. Catalytic Opportunity Sites and Pre-Development Analysis-Milestone 2
Certain developments occasionally can serve a catalytic role. That is, a development could be the first project of its
kind to demonstrate the viability of a particular development type, it could be of a large scale that has the potential
to change the character of a part of the Triangle, or it could be large enough to justify major infrastructure
investments that in turn serve as incentives for subsequent projects in the vicinity. Catalyst projects tend to be
“pioneering” in that there is little to no local precedence for the project and, therefore, they often require some
financial assistance or other type of public-private partnership. Private development in the Triangle that meets these
criteria may be appropriate for more direct involvement by the City. This grant element will identify optimal sites,
partnerships and development tools to facilitate a new, walkable development pattern in the district, and will
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complete a more detailed pre-development feasibility and financial strategy for a selected site leading to a
development agreement.
Task 2.1. Identify Optimal Sites
A preliminary list of sites has already been identified (See Attachments 3 and 4)
PacTrust site (11626 SW Pacific Hwy.)
Specht site (multiple addresses near SW 69th Ave. and Clinton St.)
Lampus site (multiple addresses on SW 72nd Ave. between Clinton and Dartmouth)
Tran site (12465 SW 72nd Ave.)
Develop evaluation criteria such as size, location, value, physical suitability, developer interest, availability
Prepare a preferred development program or programs for each site consistent with the Tigard Triangle
Strategic Redevelopment Plan
Evaluate identified and other sites against criteria
Select 3-4 sites for further study
Task 2.2. Preliminary Site Analysis and Development Concepts
Analyze any environmental constraints using known sources
Prepare massing diagrams for each site using preferred development program(s)
Develop order of magnitude cost estimates for both land and construction
Evaluate financial feasibility utilizing rental and sales information developed for the Tigard Triangle Strategic
Redevelopment Plan
Identify order of magnitude financial gaps and other development obstacles for each site
Task 2.3. Strategies and Tools to Overcome Obstacles
Develop strategies for each site that address partnerships, tools and other actions leading to feasible development
including:
Financial assistance: Identify financing tools that the City may use to assist in reducing financing gaps for
private development.
Infrastructure development: The construction of infrastructure at public expense, such as a road, sidewalk,
or utilities that are required by private development, can reduce financial gaps by creating “off-balance-
sheet” equity for the developer, reducing overall development costs, and enhancing feasibility.
Public-private partnerships: Whenever the City takes an active role in development, it is appropriate to
enter into development agreements with developers to specify the terms of the partnership, the specific
roles of each party, the obligations of the developer, and other criteria to be negotiated.
Staff assistance: Proactive staff can be enormously helpful in making redevelopment happen.
Task 2.4. Lessons Learned and Preferred Site Selection
Assess the overall feasibility of the individual strategies
Identify elements that are most likely to be utilized and supported by the City
Identify actions necessary to enable desired elements
Select a preferred site and strategy for more detailed analysis
Task 2.5. Developer Solicitation (if needed)
It is anticipated that a developer partner or partners will participate in tasks 2.1-2.4 and will participate in the
following tasks focused on the preferred site, including securing a purchase option. If no partner is in place,
developer solicitations will be conducted.
Prepare developer solicitation materials
Identify and interview interested developers
Select developer partner
Task 2.6. Pre-Development Assessment of Preferred Site
Conduct phase 1 and 2 environmental investigations
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Conduct appraisal and survey
Task 2.7. Refine Development Program and Design Concepts
Refine existing market studies to identify value, preferred uses, unit size and mix, rent and lease rates.
Refine desired development program
Refine conceptual site plan and massing diagram including building placement, unit sizes, parking
arrangements and construction types
Refine planning level cost estimates
Task 2.8. Refine Financial Analysis and Implementation Strategies
Refine pro-forma for preferred site and identify funding gaps
Evaluate effectiveness of the already identified public/private strategy for the site and refine as necessary
Finalize all elements of the strategy including public financing to address financing gaps
Task 2.9. Development Agreement and Approvals
Prepare draft development agreement
Finalize development agreement with developer partner
Secure approvals with appropriate city boards and commissions as needed
3. Potential Urban Renewal District Formation and Decision-Milestone 3
The Tigard Triangle Strategic Redevelopment Plan identified urban renewal as a key financial tool that could be
employed to reduce financial gaps in private development and to help fund key public infrastructure projects.
The City of Tigard has an urban renewal district in downtown that has supported several planning and infrastructure
projects related to the revitalization of downtown Tigard. While an urban renewal district is primarily a funding
source, it is also a signal to developers that the city is committed to the area and has established a funding
mechanism to share in the cost of some of the needed improvements.
In Tigard, the formation of an urban renewal district must go out to a citywide vote, and would need to be preceded
by a plan and a report that details the conditions of blight, the geographic extent of the district, and the planned
projects and actions that would be funded by urban renewal. This grant element will develop all of the
documentation necessary to form an urban renewal district, and establish a process for the City Council to consider
whether to send the matter out for a citywide vote.
Task 3.1. Establish Public Involvement Strategy and Process
Preparation of draft urban renewal plan and report
Decision-making process for a citywide vote
Task 3.2. Review Materials
Review existing plans, reports and other documents
Preliminary boundary and plan goals
Task 3.3. Develop Required Plan Elements
Boundary and project goals
Blighting factors within the plan boundary
Activities to be funded by plan
Cost estimates of plan activities
Projections of potential tax increment cash flows over the life of the plan
Cash flow and project phasing, timeframe needed to carry out project activities
Tax impacts analysis on revenues foregone by other taxing bodies
Maximum level of indebtedness for the plan
Task 3.4. Draft the Urban Renewal Plan and Report Documents
Refine the list of project activities to be undertaken in the plan
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Prepare all required plan sections and wording prescribed by Oregon law, including Measure 50 wording on
maximum debt
Develop all legally required data on project conditions, including acreage, land uses, existing and proposed
zoning, building conditions, and overall blighting conditions for the report
Prepare the financial statements required by ORS 457
Task 3.5. City Council Consideration
Decision-making process for a citywide vote
4. Rebranding the Tigard Triangle-Milestone 4
The goal of this task is to rebrand the Tigard Triangle from a place known for offices and big box retail to a
pedestrian-oriented, mixed use district that supports regional demand for housing. Each of the previous tasks
described above implement the vision established in the Tigard Triangle Strategic Redevelopment Plan and this task
is designed to tell the story of that vision to current and future residents, visitors, employers, investors and
developers. The vision is for a pedestrian-oriented, mixed-use district built around the Triangle’s distinguishing
natural features; a place that is easily walkable, is connected to its surroundings, and meets the environmental,
social and economic sustainability goals of the City and Region. The rebranding effort is also directed to existing city
residents so that they better understand the dynamic potential for this area, how the City is working to implement
the vision, and how their support is critical to the success of the new Tigard Triangle district.
Task 4.1. Background Research
Research current messaging and communications regarding the Triangle and City
Conduct surveys and other research to determine current perceptions and attitudes
Review vision documents and efforts to implement the Tigard Triangle Strategic Redevelopment Plan
Task 4.2. Develop Rebranding Strategies
Identify messaging concepts to convey the vision for the Tigard Triangle
Identify communication vehicles best suited to convey the messaging
Identify target audiences to receive the messaging
Prepare a recommended rebranding strategy that addresses messaging content, communication methods,
audiences
Identify an implementation program addressing web-based, collateral materials, broadcast and other media
designed to deliver the rebranding strategies, costs and schedule
Task 4.3. Produce Priority Rebranding Strategy Elements
Based on a budget to be determined, produce one or two priority elements such as a logo and collateral
materials, web-page design, photos, graphics and written materials, etc.
Assist in executing the communications effort
B. Project Site Description
The Tigard Triangle is a 450-acre district located seven miles south of downtown Portland, just east of Downtown
Tigard, and bounded by Interstate 5 (I-5), Highway 217, and Highway 99W (Pacific Highway). This close proximity to
highways allows convenient regional auto access to the area but also creates major barriers for bike and pedestrian
travel from nearby neighborhoods and destinations such as Portland Community College (Sylvania), downtown
Tigard, and the Kruse Way office park. The Triangle has long been considered an area that could easily
accommodate a considerable increase of residences, employment, and shopping/services. However over the last 50
years, growth in the area has been mainly limited to office buildings of varying size and big box retail stores on the
district’s western side. See Attachments 1 and 2.
In the past year, the Triangle’s first three story mixed-use building was constructed utilizing the city’s Vertical
Housing Development program – the single development tool in place to incentivize mixed use projects in the
district.
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C. Project Background
In 2013 and 2014, the City developed the Tigard Triangle Strategic Redevelopment Plan with input from a variety of
stakeholders including property owners, developers, business owners, employees, bicycle/pedestrian advocates,
and Tigard residents. The TTSP provides a long range vision to:
• Diversify the mix of uses in the area
• Improve connectivity for all travel modes within the district and to neighboring areas
• Create a safe and enjoyable walking environment
• Provide parks, open spaces and places to gather while enhancing and protecting natural amenities
Accommodate and leverage high capacity transit service and stations if supported by Tigard residents
Several implementation measures were identified in the Plan to achieve these outcomes, including regulatory
actions, infrastructure investments, and incentives to stimulate public-private partnerships. Over the next 8 – 12
months, the city will complete the most important regulatory action needed to implement the Plan, which is the
creation and adoption of a new “lean” land use code that will shorten the review time and lower the cost and risk of
receiving land use approval for development projects that accomplish the goals of the TTSP.
Upon adoption of the new code, the Community Planning and Development Grant funding will be put to use to
remove remaining barriers to the desired development patterns, allowing the city to conduct site specific studies
and investigate the necessary public investments and partnership strategies that will catalyze and remake the
Triangle.
The City’s commitment to this district is resolute. In addition to its participation in the Southwest Corridor planning
process, its completion of the TGM-funded Triangle Strategic Plan, and the city’s council’s adopted goal to adopt
that Plan and enable future development capacity in the Triangle, the council elevated the importance of the
Triangle’s future as a walkable suburban district by adopting a citywide strategic vision to make Tigard the most
walkable city in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives.
D. Evaluation Criteria 1 - 11
1. Expected Development Outcomes: It is imperative to change the identity of the Tigard Triangle from a
suburban/commuter employment area to an interesting, walkable, unique district. Fortunately the opportunity sites
in the Tigard Triangle are either underdeveloped or vacant, and the block structure is incomplete. The Metro grant
will allow the city to select a few promising redevelopment sites and determine the partnerships, public financing
strategies, infrastructure and predevelopment work needed to begin transforming the Triangle.
The project may include the following range of planning activities: at the district level - identification of financing
gaps and public investments/financing to overcome them (including appropriateness of urban renewal); at the site
level - conceptual design and evaluation of alternative construction types, appraisals, pro-forma analysis,
transportation impacts, outlining public and private roles and responsibilities, and environmental assessments.
A. Site Identification: The City of Tigard will consider the development potential of Tigard Triangle opportunity
sites that could have significant catalytic impact leading to additional private sector investments. Site size,
existing improvement to land ratio, developer interest, proximity to existing and planned amenities will be
the first screen we use. Subsequently we will identify conceptual designs and private investment objectives,
and actions the city can take to achieve public objectives and result in a financially feasible development.
B. Desired Outcomes: Pre-development assistance that leads to the following:
o Identification of optimal sites, partnerships and development tools to facilitate walkable urban
development pattern
o An examination of urban renewal as a tool to encourage this development pattern, and
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o Rebranding the Triangle from a place for offices and big box retail to a pedestrian-oriented, mixed use
district that supports regional demand for housing.
o Predevelopment activities for a walkable mixed use project on at least one site that will remove or reduce
barrier to development.
C. Community Readiness: The City has completed the visioning work for the Tigard Triangle and the entire city,
and both emphasize walkable and socially interconnected public space. The city has begun the process to
draft and adopt a new code that will enact regulatory measures to support the vision. A citywide vision to
make Tigard a walkable city has been adopted by the Tigard City Council.
D. Roles and responsibilities of applicant: The city will assemble the team that achieves the five objectives listed
above to include developer types to explore design concepts and financing scenarios for sites, designer
types to explore concepts for appropriate, pedestrian scale development, finance types to investigate the
viability of urban renewal as a new funding source to support private sector investment in the Triangle, and
marketing types to help craft a new brand image for the district. City staff will serve as the overall project
manager and will coordinate the work of the consulting team.
2. Regional Significance: The Tigard Triangle is 8 miles south of Downtown Portland and is bound on three sides by
state highways, making the location moderately attractive to employers. Roughly 4,500 people work in the Triangle.
In addition, three higher education facilities are located there and PCC - Sylvania is less than half a mile to the east.
Transit service connects the Triangle to PCC, and additional high capacity service is being planned as part of the
Southwest Corridor project. New housing and commercial/professional services could result in a mixed-use, mixed-
modal district.
3. Centers Corridors, Station Communities and Main Streets: The Tigard Triangle is part of the Metro 2040-
designated Tigard Town Center. Most parcels within the Triangle are within a quarter mile of an existing bus line
and potential future station areas contemplated in the SW Corridor Plan. In 2014, the city designated the Triangle as
a Vertical Housing Development Zone and is currently developing a “lean” code that will reduce regulatory burdens
and review times. 69th Avenue is designated in the TTSD as a future featured Pedestrian Street and should become
the district’s “Main Street” over time.
4. Other Locations: Much of the Tigard Triangle is designated as a Metro Employment Area. There are large format
retailers and large offices in the area with approximately 4,500 employees; however few service and housing uses
have been developed. This plan seeks to provide infrastructure, services and amenities bringing this are up to par
with other city neighborhoods. Investments could include new commercial development, housing, parks, trails, or
sidewalks.
The Triangle is included within the planning area of the SW Corridor Plan currently being prepared by Metro. The
area has been identified as having a higher than average Hispanic population. The city is committed to ensuring that
the vision and plans are inclusive of the communities represented here. Development of the public involvement plan
will include specific strategies to identify and address the needs of all stakeholders, and will pay special attention to
meeting the needs of the Hispanic residents in the Triangle.
5. Best Practices: The city is trying to establish a best practice by developing a “lean” code for the Triangle, to be
adopted as a new plan district in Tigard’s Community Development Code. The city is in the process of evaluating its
complete Community Development code for conformity with the newly adopted vision. One idea is to use the
Triangle code project to determine regulations that could be put in place in other, more mature, parts of the city to
promote mixed use and walkability. City staff will seek opportunities to share lessons learned with other
communities in the region.
6. Leverage: The project seeks to leverage planning work already in place from the state’s TGM program (TTSP) and
the SW Corridor project, in addition to the investments the city has made in adopting the Vertical Housing
Development Zone and making infrastructure improvements along 72nd and Dartmouth. Specht Development and
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PacTrust are two large development entities with holdings in the district, whose investments could be leveraged
through this effort.
7. Matching Fund/Potential: It is estimated that the total project will require approximately $280,000 with the city
matching almost 50% of the total cost with local funds for consultants and like-kind staff contributions.
8. Growth Absorption: The 450-acre district has between 50-100 acres of unbuilt and underbuilt land. The area
could easily absorb thousands of new residential units and hundreds of thousands of square feet of commercial
space. This proposal will seek to unlock this growth potential to support regional housing demand and rebalance
the region’s jobs-housing geographic disparity.
9. Public Involvement: Using the Tigard Triangle Strategic Redevelopment Plan public process as a springboard, the
city hopes to facilitate a dynamic engagement process representative of the broad range of interests in the Triangle.
As for neighborhood engagement, there are only about 400 residents currently living within the Triangle and there is
a higher than average Hispanic population. Specific strategies to address Triangle residents and other stakeholder
groups will be developed as part of the public involvement plan.
10. Governing Body: Tigard City Council has set a goal to begin implementation of the Triangle Strategic Plan within
the next 1 -5 years. The city council will continue to oversee the work program, and will review the contract for the
“lean” code project in the next several months.
11. Capacity of Applicant: The City of Tigard project team includes professionals with proven experience in
redevelopment, economic development, long range and current planning. The city’s track record for delivering on
Planning and Development grants is well established, having delivered results on both of the grants awarded in the
prior round (i.e. River Terrace where over 1000 housing units are in various stages in the approval process, and
downtown Tigard development where a 154 unit mixed-use development is expected to break ground in 2015).
E. Collaborations
The City is prepared to be an active partner with the neighboring community, property owners, service providers,
and private sector development partners. As a grant recipient, the city would also look forward to partnering with
Metro.
F. Proposed Milestones and Deliverables
Section A-Project Description includes detailed work programs for the four proposed Milestones, and deliverables
are described for each task. The Milestones are:
1. A Lean Code for the Tigard Triangle-Final Code Amendments and Adoption
2. Catalytic Opportunity Sites and Pre-Development Analysis-Report Completion
3. Potential Urban Renewal District Formation and Decision-Draft Urban Renewal Plan and Report
4. Rebranding the Tigard Triangle-Strategy Report and Executed Priority Elements
G. Project Management
The project manager for the Tigard Triangle Mixed-Use Development Project is Cheryl Caines, Associate Planner.
Contact information: cherylc@tigard-or.gov, (503) 718-2437. Ms. Caines works under the supervision of Tom
McGuire, Assistant Community Development Director, and Kenny Asher, Community Development Director. Cheryl,
Tom, and Kenny will be involved in all work tasks. Cheryl successfully served as project manager for the Tigard
Triangle Strategic Plan that was funded through a Transportation and Growth Management (TGM) grant. She has
over 10 years of experience related to land use planning, site development, and work with development codes. Tom
has over 26 years of professional planning experience including current and long range planning in both the public
and private sectors. Prior to working at the City of Tigard, he was the Portland Office Director at ESA Adolfson.
Kenny has 20 years of civic experience, including Director of Community Development and Public Works for the City
of Milwaukie, Oregon, General Manager for the Portland Family of Funds, and Operations and Program Manager at
the Portland Development Commission.
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BUDGET DOCUMENTS
Budget Narrative
A detailed task by task budget is shown on a spreadsheet that is included with this application and summarized in
the budget forms provided by Metro. The overall work plan for the entire project is summarized below. Costs for
the full project will be shared by the City of Tigard and the CET Grant. Consultant deliverables for tasks 2, 3 and 4 are
proposed to be funded by the CET Grant of $145,250, and completion of each task deliverable is proposed as a
project milestone for purposes of the CET Grant. The City of Tigard will commit $67,500 for consulting work for task
1, producing a new lean code for the Tigard Triangle. All staff costs will be the responsibility of the City of Tigard. It
is anticipated that all deliverables, regardless of funding source, will be solely owned by the City of Tigard.
1. A Lean Code for the Tigard Triangle-Milestone 1
Task 1.1. Establish Public Involvement Process
Prepare and execute public involvement plan
Re-engage stakeholders active in the Tigard Triangle Strategic Redevelopment Plan
Seek opportunities to build relationships and bring new viewpoints to the project
Build support from people who are invested in the Triangle or want to help shape the community
Ensure that the vision and plans are inclusive of the communities represented here
Task 1.2. Background Research
Review existing plans, reports and other documents
Identify lean code examples and precedents
Identify options for efficient code administration
Task 1.3. Develop Lean Code Elements:
Pedestrian Oriented Streets
Connectivity
Transportation
Flexibility
Existing Small Lots
Commercial Bottom
Parks/Open Space/Trails
Red Rock Creek
Task 1.4. Draft the Lean Code and Other Amendments
Prepare draft code sections and graphics
Prepare amendments to other Code sections as needed
Task 1.5. Lean Code Adoption
Planning Commission hearings and decision
City Council hearings and adoption
2. Catalytic Opportunity Sites and Pre-Development Analysis-Milestone 2
Task 2.1. Identify Optimal Sites
A preliminary list of sites has already been identified, (see Attachments 3 & 4)
PacTrust site (11626 SW Pacific Hwy.)
Specht site (multiple addresses near SW 69th Ave. and Clinton St.)
Lampus site (multiple addresses on SW 72nd Ave. between Clinton and Dartmouth)
Tran site (12465 SW 72nd Ave.)
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Develop evaluation criteria such as size, location, value, physical suitability, developer interest, availability,
etc.
Prepare a preferred development program or programs for each site consistent with the Tigard Triangle
Strategic Redevelopment Plan
Evaluate identified and other sites against criteria
Select 3-4 sites for further study
Task 2.2. Preliminary Site Analysis and Development Concepts
Analyze any environmental constraints using known sources
Prepare massing diagrams for each site using preferred development program(s)
Develop order of magnitude cost estimates for both land and construction
Evaluate financial feasibility utilizing rental and sales information developed for the Tigard Triangle Strategic
Redevelopment Plan
Identify order of magnitude financial gaps and other development obstacles for each site
Task 2.3. Strategies and Tools to Overcome Obstacles
Develop strategies for each site that address partnerships, tools and other actions leading to feasible development
including:
Financial assistance: Identify financing tools that the City may use to assist in reducing financing gaps for
private development.
Infrastructure development: The construction of infrastructure at public expense, such as a road, sidewalk,
or utilities that are required by private development, can reduce financial gaps by creating “off-balance-
sheet” equity for the developer, reducing overall development costs, and enhancing feasibility.
Public-private partnerships: Whenever the City takes an active role in development, it is appropriate to
enter into development agreements with developers to specify the terms of the partnership, the specific
roles of each party, the obligations of the developer, and other criteria to be negotiated.
Staff assistance: Proactive staff can be enormously helpful in making redevelopment happen.
Other tools and strategies
Task 2.4. Lessons Learned and Preferred Site Selection
Assess the overall feasibility of the individual strategies
Identify elements that are most likely to be utilized and supported by the City
Identify actions necessary to enable desired elements
Select a preferred site and strategy for more detailed analysis
Task 2.5. Developer Solicitation (if needed)
It is anticipated that a developer partner or partners will participate in tasks 2.1-2.4 and will participate in the
following tasks focused on the preferred site, including securing a purchase option. If no partner is in place,
developer solicitations will be conducted.
Prepare developer solicitation materials
Identify and interview interested developers
Select developer partner
Task 2.6. Pre-Development Assessment of Preferred Site
Conduct phase 1 and 2 environmental investigations
Conduct appraisal and survey
Task 2.7. Refine Development Program and Design Concepts
Refine existing market studies to identify value, preferred uses, unit size and mix, rent and lease rates.
Refine desired development program
Refine conceptual site plan and massing diagram including building placement, unit sizes, parking
arrangements and construction types
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Refine planning level cost estimates
Task 2.8. Refine Financial Analysis and Implementation Strategies
Refine pro-forma for preferred site and identify funding gaps
Evaluate effectiveness of the already identified public/private strategy for the site and refine as necessary
Finalize all elements of the strategy including public financing to address financing gaps
Task 2.9. Development Agreement and Approvals
Prepare draft development agreement
Finalize development agreement with developer partner
Secure approvals with appropriate city boards and commissions as needed
3. Potential Urban Renewal District Formation and Decision-Milestone 3
Task 3.1. Establish Public Involvement Strategy and Process
Preparation of draft urban renewal plan and report
Decision-making process for a citywide vote
Task 3.2. Review Materials
Review existing plans, reports and other documents
Preliminary boundary and plan goals
Task 3.3. Develop Required Plan Elements
Boundary and project goals
Blighting factors within the plan boundary
Activities to be funded by plan
Cost estimates of plan activities
Projections of potential tax increment cash flows over the life of the plan
Cash flow and project phasing, timeframe needed to carry out project activities
Tax impacts analysis on revenues foregone by other taxing bodies
Maximum level of indebtedness for the plan
Task 3.4. Draft the Urban Renewal Plan and Report Documents
Refine the list of project activities to be undertaken in the plan
Prepare all required plan sections and wording prescribed by Oregon law, including Measure 50 wording on
maximum debt
Develop all legally required data on project conditions, including acreage, land uses, existing and proposed
zoning, building conditions, and overall blighting conditions for the report
Prepare the financial statements required by ORS 457
Task 3.5. City Council Consideration
Decision-making process for a citywide vote
4. Rebranding the Tigard Triangle-Milestone 4
Task 4.1. Background Research
Research current messaging and communications regarding the Triangle and City
Conduct surveys and other research to determine current perceptions and attitudes
Review vision documents and efforts to implement the Tigard Triangle Strategic Redevelopment Plan
Task 4.2. Develop Rebranding Strategies
Identify messaging concepts to convey the vision for the Tigard Triangle
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Identify communication vehicles best suited to convey the messaging
Identify target audiences to receive the messaging
Prepare a recommended rebranding strategy that addresses messaging content, communication methods,
audiences
Identify an implementation program addressing web-based, collateral materials, broadcast and other media
designed to deliver the rebranding strategies, costs and schedule
Task 4.3. Produce Priority Rebranding Strategy Elements
Based on a budget to be determined, produce one or two priority elements such as a logo and collateral
materials, web-page design, photos, graphics and written materials, etc.
Assist in executing the communications effort
Line Item Budget, Commitment and Matching Funds
Table 1 below summarizes the project task budget for City of Tigard staff, consultant work paid for by the City and
CET Grant, and total task budget. This table is a line-item summary of the more detailed budget spreadsheet
included with this application.
The City commits the staff resources as indicated in the table and attached spreadsheet totaling approximately
$90,000. Consulting expenses by City of $65,500 are included in the 2015-16 Community Development Department
budget. The grant request is for a total of $145,250, or approximately 48% of the total project budget.
Table 1- Downtown Tigard Urban Lofts Development Project-Budget Summary
Tasks
Staff
Budget
Consultant Budget
Totals City CET Grant
1. Lean Code for the Tigard Triangle $28,243 $67,500 $95,743
2. Catalytic Opportunity Sites/Pre-Dev. $30,107 $63,750 $93,857
3. Urban Renewal Formation/Decision $22,579 $50,000 $72,579
4. Rebranding the Tigard Triangle $9,661 $31,500 $41,161
Totals $90,590 $67,500 $145,250 $303,340
AIS-2552 4.
Workshop Meeting
Meeting Date:02/16/2016
Length (in minutes):20 Minutes
Agenda Title:Renew Annexation Incentives - Resolution
Submitted By:Carol Krager, Central
Services
Item Type: Update, Discussion, Direct
Staff
Meeting Type: Council
Business
Meeting -
Main
Public Hearing
Newspaper Legal Ad Required?:
Yes
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Consideration of a resolution to renew annexation incentives for voluntary annexation of
contiguous unincorporated lands to the municipal city limits.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends Council approve the proposed resolution amending Resolution No. 07-13
extending voluntary annexation incentives until February 2017.
KEY FACTS AND INFORMATION SUMMARY
As stipulated in Resolution 15-10, council’s annual review of its annexation policy, including
annexation incentives, is to occur in February 2016. This agenda item fulfills this requirement.
The workshop meeting was chosen to give Council time to discuss annexation issues,
generally, and incentives for voluntary annexation, specifically.
The attached Draft Resolution (in Track Changes) shows recommended changes to the
incentives policy from last year's resolution. The attached Final Resolution is a clean copy of
the Draft. Proposed changes include creation of a definition of "voluntary annexation" as an
annexation that does not require city services, deletion of elements that are outdated, and
deletion of property description services unavailable now without a city Surveyor to provide
them.
In addition, phasing in of taxes for triple majority annexations has been deleted because triple
majority annexations would likely be for the purpose of development where city services
would be required. The terms listed in Section 2 are also outdated.
Since 2007, only one property has annexed for reasons other than the need for city services
for development. However, a number of properties have taken advantage of the property tax
phase in provisions. If Council decides to continue offering incentives, Attachment 1
provides an updated resolution extending the incentives to February 2017.
OTHER ALTERNATIVES
Adopt the Resolution with proposed changes.1.
Adopt an alternative Resolution2.
Not adopt the Resolution and let the incentives for voluntarily annexation expire,
pending an annexation workplan that gives focus and direction to incentives within the
context of a comprehensive policy.
3.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
NA
DATES OF PREVIOUS CONSIDERATION
2008, 2009, 2010, 2011, 2012, 2013, 2014, and February 10, 2015
Fiscal Impact
Cost:TBD
Budgeted (yes or no):yes
Where Budgeted (department/program):Community Development
Additional Fiscal Notes:
The fiscal impact of maintaining these incentives is highly variable and related mostly to
development activity. For example, in 2013 there were six annexations, two by the city for
8.06 acres and four by petition for 12.17 acres; the city paid $900 in Metro fees and lost
$14,480 in application fees. In 2012 there were three annexations including River Terrace
Phase II for 268 acres; the city paid $400 in Metro fees. In 2011, there was one annexation
by the city for which the resolution does not apply and one by a landowner that has been put
on hold by the owner. In 2010, there was only one annexation in Metzger and the City paid
$150 in Metro mapping fees and lost approximately $3,349 in application fees. Also a small
amount of staff time was spent assisting the owner with the required property description.
Over the seven-year period that the incentives have been in place the City has foregone and
spent about $46,500.
In addition to the forgone fee revenue and Metro fees, the City also did not receive the full
amount of property taxes. It is estimated that, during the last seven years, the City did not
receive about $75,258 in property tax revenue because of the tax phase-in incentive
generally, including $66,628 from Areas 63 and 64.
Over time, foregone fees will be recovered by new property tax revenue from annexed
properties. However, if activity increases significantly, the budget may need an adjustment to
compensate for the fees and staff time.
Attachments
Draft Resolution
Final Resolution
RESOLUTION NO. 16 -
Page 1
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 16-
A RESOLUTION AMENDING RESOLUTION 07-13 TO EXTEND THE INCENTIVES FOR
VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY
LIMITS TO FEBRUARY 2017.
WHEREAS, Resolution 07-13 establishes policy to guide city actions pertaining to annexation of
unincorporated lands to the municipal city limits, and provides incentives to annex, including waiver of the city
annexation application fee until July1, 2008 and phasing in of increased property taxes over a three-year period
at the rate of 33 percent, 67 percent, and 100 percent, for properties that annex during the period of March 13,
2007, to February 2008 per Oregon Administrative Rule (OAR 150-222.111); and
WHEREAS, Resolution 07-47 amends Resolution 07-13 to expand the incentives to include city payment of
the Metro mapping/filing fee until July 1, 2008; and
WHEREAS, the city’s operational and administrative procedures have been to assist in the preparation of legal
descriptions as long as they do not require field survey work and to waive the pre-application conference fee for
individual property owners interested in voluntary annexation; and
WHEREAS, Resolution 08-12 amends Resolution 07-13 to extend the offer of incentives to annex until
February, 2009; and
WHEREAS, the City Council passed Resolution 09-12 on February 24, 2009 to continue to offer incentives to
property owners who voluntarily annex to the city until February 2010; and
WHEREAS, the City Council passed Resolution 10-12 on February 9, 2010 to continue to offer incentives to
property owners who voluntarily annex to the city until February 2011; and
WHEREAS, the City Council passed Resolution 11-08 on February 22, 2011 to continue to offer incentives to
property owners who voluntarily annex to the city until February 2012; and
WHEREAS, on December 6, 2011, City Council set goals for 2012 including Goal 4, Annexation to a) Re-
evaluate the city’s annexation policy, and b) Develop a philosophy and approach to consider annexations,
including islands; and
WHEREAS, in furtherance of its goals the City Council passed Resolution 12-09 on February 28, 2012,
continuing its policies embodied in previous resolutions and formalizing a process for annual review of its
annexation policy and incentives; and
WHEREAS, the City Council passed Resolution 12-38 on October 2, 2012 establishing additional incentives of
phased in property taxes for certain properties that annex pursuant to ORS 222.170(1), referred to as “triple
majority” annexation.
WHEREAS, the City Council passed Resolution 13-08 on February 26, 2013 to continue to offer incentives to
property owners who voluntarily annex to the city and for properties that annex pursuant to ORS 222.170(1),
referred to as “triple majority” annexation until February 2014.
RESOLUTION NO. 16 -
Page 2
WHEREAS, the City Council passed Resolution 14-10 on February 11, 2014 to continue to offer incentives to
property owners who voluntarily annex to the city and for properties that annex pursuant to ORS 222.170(1),
referred to as “triple majority” annexation until February 2015.
WHEREAS, the City Council passed Resolution 15-10 on February 10, 2015 to continue to offer incentives to
property owners who voluntarily annex to the city and for properties that annex pursuant to ORS 222.170(1),
referred to as “triple majority” annexation until February 2016.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Resolution 07-13 is hereby amended to renew the offer of incentives to voluntarily annex
(when not otherwise required to for city services) until February 2017, including:
Waiver of the pre-application conference fee
Waiver of the city annexation application fee; and
City payment of the Metro mapping/filing fee;
SECTION 2:The City Council shall continue to review its annexation policy and associated incentives in
February of every year.
SECTION 3:This resolution is effective immediately upon passage.
PASSED:This day of 2016.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard