Loading...
City Council Packet - 08/24/2004 CITY F TIGARD OREGON TIGARD CITY COUNCIL MEETING August , 2004 COUNCIL MEETING ILL TELEVISED 13125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Item No. # J b For Council Meeting of 9 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING August 24, 2004 The meeting was called to order at 6:30 p.m. by Mayor Dirksen. Council Present: Mayor Dirksen, Councilors Moore, Sherwood, Wilson, Woodruff ® STUDY SESSION The Council discussed what the hearing process would be relating to the LUBA remand. EXECUTIVE SESSION - Not needed ➢ STRATEGIC PLANNING Mr. Monahan noted he had suggested several dates in his memo and asked Councilors to review their calendars to indicate when they were available for this planning session. Councilors Woodruff and Sherwood offered the use of their homes for the meeting. ➢ VOTERS PAMPHLET MEASURE ENDORSEMENT INFORMATION Mr. Monahan noted the memo from Deputy City Recorder lane McGarvin relating to submitting information for the Washington County Voter's Pamphlet. ➢ ADMINISTRATIVE ITEMS a. Calendar Review O August 31: Potential City Council Meeting (Ballot Title?) • September 14: City Council Business Meeting ® September 18: Tigard Blast/Citizens Fair • September 21: City Council Workshop Meeting ® September 28: City Council Business Meeting Tigard City Council Minutes - August 24, 2004 Page 1 ➢ DOWNTOWN DEVELOPMENT PLAN Barbara Shields, Long Range Planning Manager, reviewed the memo sent to Council regarding the Downtown Development Plan, which included a Statement of Work, a workflow diagram, and a list of community groups the Task Force were considering meeting with (See SS item #1 for memo). She noted an important element of the plan is citizen involvement opportunities. There will be two times where citizen involvement will be the focus: September and October when Task Force members and staff will meet with groups to gather information, and the other in February/March 2005 to review the refined alternatives. The September/October meetings will involve collecting input and comments tcitizens h'cTheildraftnplan gis currently consultant to incorporate in scheduled for Council review in December. Ms. Shields asked the Council: What kind of participation the Council was interested in during the citizen involvement phase? ® Are there other groups that should be added to the target groups for the Task Force to contact and schedule meetings with? What type of participation does Council want to have in the process. After discussion, the Councilors concurred they should attend a target group meeting as individual citizens, rather than being identified as a specific target group; their participation should be limited during the citizen involvement phases, so citizens feel the Council is not dominating or dictating the process. Ms. Shields noted the current plan is to have the draft plan ready for a workshop meeting around December 2. She explained there is a technical advisory group ov eof Land Conservation andn from TriMet, Department Development (DLCD),and Washington County. s BALLOT TITLE HEARING PROCESS Tim Ramis, City Attorney, noted Council approved the ballot title and explanatory statement on August 10. State law allows citizens to challenge ballot titles either (a) through the circuit court, or b) the City Council if the City has adopted a local ordinance prescribing the appeal process, which Tigard has done (Tigard Municipal Code 1.12.030). There are four reasons someone could file an appeal: word count, conciseness, insufficiency, or the ballot title is unfair. A notice published on August 12 included the approved Page 2 Tigard City Council Minutes - August 24, 2004 ballot title language, information on how appeals to the ballot title could be made, and the appeal deadline of 5 p.m. on August 19. Two appeals were received during that time frame. Henry Kane's appeal focused on the process, and Ellen Godowski's appeal was concerned with the tax phase in and whether there were two subjects in the ballot title (annexation and tax phase in). Ballot titles consists of three parts with limitations on the number of words: caption (10 words); question (20 words), and summary (150 words). In addition, the explanatory statement was an attachment to the resolution, with a word count limit of 500 words. Ms. Godowski proposed a revised question: "Shall unincorporated Bull Mountain be annexed to Tigard with property taxes reduced for two years within the annexed area?" He stated Council could consider this proposal. Mr. Ramis suggested Council allow the two challengers to first present any oral argument, followed by anyone else wishing to testify. The Council then discussed whether the "phase in" language would make the ballot title clearer. Mr. Ramis explained ORS 222 provides two annexation methods. One is without a phase in of taxes and the other incorporates the phase in of taxes as part of the annexation. He noted this is not a land use proceeding, so no findings were required or criteria to be met, other than Council feeling the ballot title is reasonable, fair, concise, and meets the word count limitations. The Council concurred to allow 5 minutes per person for testimony. ➢ SKATEPARK IN CITY HALL PARKING LOT Mr. Monahan noted the City Hall parking lot was blocked off to indicate the proposed skatepark area. After the library moved, it was decided to block off the area proposed for the skatepark and to identify the impacts the size might have on City Hall parking needs. Staff recognized that a number of employees would be on vacation in August and there would be additional parking needs when Water Building and Niche employees move to the City Hall complex. The skatepark area proposes to use between 12,000 and 15,000 square feet, depending on the amount of money collected to build it. There will be a demonstration at the Tigard Blast on September 18, where kids will give skateboard demonstrations as well as get input from other kids and adults relating to the size. Tigard City Council Minutes - August 24, 2004 Page 3 ➢ CITY COUNCIL CANDIDATE INFORMATION Mr. Monahan noted the one candidate for mayor is Craig Dirksen, and the candidates for the two council positions are Gretchen Buehner, ]oshua Chaney, Alice Ellis Gaut, Sally Harding, and Tom Woodruff. Staff will prepare and send a letter this week to the candidates about a number of concerns. The letter will include information about the September 15 Candidate Orientation, the September 30 Candidate Forum, will also ask a number of questions, such as how they wish to receive Council Meeting packets, and information about the annual League of Oregon Cities meeting. Mr. Monahan asked the Council if they wished to continue the practice of excluding candidates from Executive Sessions leading up to November 2, but once elected, inviting the councilor-elects to attend the Executive Sessions. The Council concurred to continue that process. Study session recessed at 7:15 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the Council and Local Contract Review Board Meeting to order at 7:30 p.m. 1.2 Roll Cali: Mayor Dirksen, Councilors Moore, Sherwood, Wilson and Woodruff were present 1.3 Pledge of Allegiance 1.4 Council Communications 8r Liaison Reports - None 1.5 Call to Council and Staff for Non-Agenda Items - None 2. VISITOR'S AGENDA Lisa Hamilton-Treick, 13562 SW Beef Bend Road, unincorporated Bull Mountain, reviewed her concerns of how the Council finally arrived at this point, indicating the proposal was originally being considered as a double majority vote, then changing the process to follow ORS Chapter 195 using a single majority vote. On ]uly 27, the attorney for the Friends of Bull Mountain testified that the ORS 195 process was not available for use in the metropolitan area. On August 10, Council finally approved the annexation using ORS Chapter 222 requirements with a double majority vote. She indicated she had numerous times asked to have an open dialogue with staff or the Council to discuss the issues and resolve some of the problems, but no one has ever responded to her request to listen to Bull Mountain resident's Tigard City Council Minutes - August 24, 2004 Page 4 concerns. The Council held a hearing on July 27. On August 10, she felt the process was unraveling before everyone's eyes. This has been a very confusing process and she still did not know where the process will end up. She indicated she was troubled by the fact no one, including the staff, the City Attorney and City Manager, knew the ORS Chapter 195 method was not available to be used. ® Alice Ellis Gaut, 10947 SW Chateau Lane, Tigard, stated she understood the hearings on Goal 5 were held in Hillsboro by Washington County. She would urge the City's representative, Councilor Wilson, to ask the Committee to give strong consideration to apply government designation to the remaining Class 1 habitat, and make appropriate adjustments for other land impacted as a result of the Goal 5 study. There continues to be a lot of paranoia about the takings issue. There needs to be an enforceable, firm program in order to protect the public resources not only ourselves, but for use by our children and future generations. ® John Frewing, 7110 SW Lola Lane, Tigard, indicated he had in the past testified that Metro allows housing lots and density to be other than what is specified in the Tigard Comprehensive Plan. He has heard comments that Metro commands a certain density, which is on a city-wide basis but not on individual lots. That is a requirement of the City of Tigard. He has been researching old City records to find data to support the density requirements Tigard currently imposes in its zoning map and code, but staff has not been able to find the data. He has worked with both Julia Hajduk and Jeanne Temple from the City to try to collect the data, going back to 1940 when there were only 122 houses in Tigard. He asked Council to prioritize the work of the staff so Tigard can develop the data to justify the density that is required on the community. He is also asking the City of Tigard to adopt a philosophy that there can be flexibility in the density other than what was on the zoning map as Metro allows that flexibility. Councilor Wilson asked Mr. Frewing if he was suggesting that Tigard downzone r properties. He noted these zones have been in place for almost 30 years. Mr. Frewing suggested there needs to be flexibility in the zoning to allow the density that is allowable in concurrence with Metro's flexibility and Tigard's philosophy does not have to be so rigid. -Some areas can be denser while other f areas are less dense. The reason this became a concern to him was a comment l made during the discussion about Bull Mountain that their area had long ago been planned for larger lots. While he does not live on Bull Mountain he began wondering if other areas of Tigard could have larger lots and not be required to be so densely developed. Metro officials indicated to him their rule Tigard City Council Minutes - August 24, 2004 Page 5 states Metro will make no ordinance or rule that commands density in a given neighborhood be increased. Bull Mountain currently has a density of three houses to an acre and Metro would not require that density to be increased. However, Tigard might require increased density on Bull Mountain if it were to be annexed. What he is saying is that in certain areas, three houses per acre ought to be allowed, as long as Tigard meets the overall density goals required by Metro. Councilor Wilson noted the Council had made some changes as a result of the Metro 2040 requirement but the density requirement has been in place for many years. What is occurring though is that Tigard is being built out. He felt the issue Mr. Frewing is addressing has to do with the comprehensive plan revision, which would be the logical time to look at that issue. Council follows the rules that are in place and the rules cannot suddenly just change without first going through a long process. He would welcome Mr. Frewing's involvement during the comprehensive plan revision process. Councilor Woodruff pointed out if the Bull Mountain area is annexed, that area will be reviewed relating to density requirements. He would not assume at this point the area would have the same density requirements as other areas of the City. The City will be looking at the whole city regarding density. Mr. Frewing stated what he was suggesting is that the data was needed about the whole city as well as for the Bull Mountain area. Mr. Monahan responded there will be an analysis of what the available land supply is, what the density opportunities are and what changes might be made as part of the comprehensive plan revision process. He talked with Mr. . Frewing several weeks ago about the history of the City's comprehensive plan. The last density calculation for Tigard to meet the 10 units per acre requirement of the state-wide land use plans was completed in 1983. Those calculations were submitted to the Department of Land Conservation and Development (DLCD), who reviewed them with a fine-tooth comb and concluded the 10 units per acre requirement were barely met. There is not a requirement that cities constantly keep records to show the 10 units per acre opportunity remains. Updates made in 1998 used 1994 data. The appropriate time to do that study will be part of the comprehensive plan revision process. He further stated in 1983, it took a lot of time and negotiation to meet the 10 unit per acre requirement, but DLCD did acknowledge that Tigard met the requirement. ® Gretchen Buehner, _ 13249 SW 136' Place, commented that as a result of the Council's decision to remove the Fern Street properties from the Bull Tigard City Council Minutes - August 24, 2004 Page 6 Mountain Annexation ballot measure, she would urge Council to reevaluate its policy regarding having owner consent before annexing property. The City should probably change the policy to allow Council by motion to annex Islands within the City limits. 3. CONSENT AGENDA: Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt the Consent Agenda as follows: 3.1 Approve Resolution 04-63, AUTHORIZING THE SUBMITTAL TO THE OREGON DEPARTMENT OF TRANSPORTATION OF A TRANSPORTATION ENHANCEMENT FEDERAL AID APPLICATION TO FINANCE THE CONSTRUCTION OF THE WOODARD PARK/GRANT AVENUE SEGMENT OF THE FANNO CREEK TRAIL. 3.2 Local Contract Review Board: a. Award DUST Construction Bid b. Award Contract for the Construction of Mapleleaf Street Improvements The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes 4. PREVIEW OF TIGARD BLAST/CITIZEN FAIR Tyler Ellenson, Tyler's Automotive, and Liz Newton, Assistant to the City Manager, presented a PowerPoint presentation about the Tigard Blast/Citizen Fair. Mr. Ellenson reviewed the schedule for the day, which will,-Include a parade at 10 a.m., car show on Main Street (traffic will be changed to a one-way grid in order to allow more access to view the vehicles), pancake breakfast, skatepark demonstrations, Youth Advisory Committee will hold a pie eating contest, Public Works equipment will on display at the Water Building parking lot, and the Community Development department will have information about the Downtown Project. Tigard City Council Minutes - August 24, 2004 Page 7 S. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT TO CHAPTER 6 (HOUSING) a. Mayor Dirksen opened the public hearing. b. Staff Report Duane Roberts, Long Range Planning Staff, explained the proposed comprehensive plan amendment updates the Housing Chapter by incorporating references to various actions the City has taken in recent years to support affordable housing. It also reflects the requirements of Metro's Title 7 on Affordable Housing adopted three years ago, which required jurisdictions to consider a number of identified tools and strategies for encouraging affordable housing development. Metro's evaluation for Tigard identified several deficiencies in Tigard's comprehensive plan. These amendments address those deficiencies. The amendments include: ® Allowing manufactured homes in all zoning districts which is already in the development code and comprehensive plan; ® Establishing a fee subsidy program for affordable housing. development which Council adopted two years ago. Staff also recommends a guideline be added that will give preferential treatment to projects that serve to disburse affordable housing within the community. ® Require the development of a property maintenance code which the City accomplished in the late 1990's but is not referred to in the comprehensive plan. Y Encourages residents to make use of Washington County's Administrative Home Repair funds. The Planning Commission held a public hearing on the proposed amendments and voted to recommend Council approve the amendments without changes. Mr. Roberts noted comments were received regarding the amendments from the following: The Department of Land Conservation and Development (DLCD) referred to outstanding items identified by Metro which are technical in nature and which the County is currently questioning. DLCD also suggested the City of Tigard consider including affordable housing in its downtown planning effort currently underway as affordable housing is not identified as part of the downtown plan. ® John frewing submitted severai comments and suggestions. He proposed disbursal of affordable housing throughout the City by dividing the city into quadrants and requiring each quadrant to have its share of affordable housing. Mr. Frewing suggested enforcement Tigard City Council Minutes - August 24, 2004 Page 8 would be by prohibiting development in a quadrant until an affordable housing project is proposed for that quadrant. Staff did not support that proposal as blocking housing development would not address the main obstacle to affordable housing, which is funding. This proposal would not provide funds for affordable housing projects. In addition, moratoriums are governed by state law and can only be imposed if state-defined essential services are in short supply; affordable housing is not on the list of essential services. C. Public Testimony John Frewing, 7110 SW Lola Lane, Tigard, said his proposal would put some teeth in the City's comprehensive plan provisions to get some affordable housing projects. Each quadrant should have some affordable housing. He can recall only a couple of affordable housing projects in Tigard. One recent one is located in the Metzger area. He pointed out the affordable housing project located on Hall Boulevard recently had a sidewalk installed from it to Hwy. 99. The sidewalk, however, was built around utility poles and mailboxes located in the middle of the sidewalk. He did not feel the sidewalk met ADA requirements for accessibility and width. Councilor Sherwood responded there are affordable housing located in almost all quadrants but are not well publicized. Housing Services of Washington County operates a number of units in Tigard, including The Colonies at the base of Bull Mountain, a project on Bonita Road, and they are looking at others. Affordable housing projects require huge subsidies. She sits on the Housing Authority Board, and they heard a report today indicating there are going to be more cutbacks in funding for affordable housing projects, Section 8, and many other areas. She did not feel that other housing projects should be put on hold while funding was found for affordable housing because of the amount of money that is needed for those projects is so huge. Mr. Frewing asked if Tigard has considered a supplemental fee on other development that could raise funds for affordable housing projects. Councilor Sherwood replied she has been a member of the Blue Ribbon Task Force for the past year, who has tried to come up with a way to develop a fee that would be used for affordable housing projects. The Task Force looked into a real estate transfer fee, but did not believe the fee would be approved because too many people were Tigard City Council Minutes - August 24, 2004 Page 9 opposed to it. Any type of fee would have to be approved at the state legislature. Right now, it looks like anything is several years away. Mr. Frewing asked if the Task Force has looked at a system development charge (SDC) fee, similar to parks SDC's that could be used for affordable housing. Tim Ramis, City Attorney, explained that the SDC's had to first be authorized by the state legislature before local jurisdictions could implement a SDC for using funds in a particular area, such as parks. Mr. Frewing explained he was just trying to come up with some type of program that would fund affordable housing in Tigard. Councilor Sherwood noted Tigard is one of the few cities in Washington County which has a fund ($10,000) that is used to reduce fees for affordable housing programs. It is not much, but it helps those groups putting a project together. Councilor Woodruff explained Councilor Sherwood had reviewed the work of the Blue Ribbon Task Force recently and the needs and how difficult it is to fund affordable housing programs. He asked Mr. Frewing if his comments on affordable housing conflicts with his discussion about density, as more people want less density, not more. Affordable housing will probably be denser. Mr. Frewing responded that there will be people in the Bull Mountain area with two units per acre, but maybe they should pay a fee to enjoy that environment, so the rest of the City would have a higher density. In that way, both high and low density would be met. He would support some type of fee on new development, particularly on those developments with a low density that would be used for affordable housing. ® Lisa Hamilton-Treick, 13565 SW Beef Bend Road, unincorporated Bull Mountain, stated she is a real estate broker and is concerned about the lack of affordable housing throughout the whole tri-county area. Tigard is not unique in not having enough affordable housing. There was an article in Sunday's Oregonian about an arrangement to purchase property under a trust so people can own their home. It will take creative solutions to address affordable housing issues. She participated in Tigard's Visioning Task Force where affordable housing Tigard City Council Minutes - August 24, 2004 Page 10 was discussed. She is not clear what is meant by affordable housing, does that mean affordable rents or affordable prices, or both. Home ownership benefits those who have the opportunity to buy a home. Councilor Sherwood responded that she has lots of information on both affordable rents and prices. The Blue Ribbon Task Force noted that the subsidies were huge to get just one family into a house, whether it was rented, purchased, or built. Habitat for Humanity and Washington County have both built affordable housing units. Many are not successful, because not many lower income families can qualify to buy a house and then maintain it. Most to the focus is for affordable housing to rent and finding programs to help those low income people to get into a unit. This issue was discussed at the Housing Authority Board meeting today. Ms. Hamilton-Treick stated a situation came to her attention recently about some property in Tigard that had some management issues that would prohibit them from being a good investment for a number of people. Some homes can be purchased by people on limited means. Due to these management issues in these neighborhoods or properties, they are not available to first time home buyers. Councilor Sherwood concurred that in some condominium or homeowner associations, the fees are so high, by the time people qualify for the condominium, the additional association fees makes the unit unaffordable. Ms. Hamilton-Treick added that another issue is the rental- to owner- occupied ratios, where management has not paid close enough attention to those ratios, and have let them get so out of whack, that a person who normally would qualify for conventional financing is no longer available and would have to get more expensive private financing. Councilor Woodruff asked Ms. Hamilton-Treick if she had seen the Blue Ribbon Task Force report presented at the August 17 Council Workshop. The report provided the best information about affordable housing he has seen and was based on different sized homes, income levels, and what the reasonable amount someone could afford based on their income. Tigard City Council Minutes - August 24, 2004 Page 11 Ms. Hamilton-Treick stated she generally has concerns about many of the formulas used to compute the information, but she will take another look at the report. Councilor Sherwood noted the report included pretty recent data prepared by technical people. The Blue Ribbon Task Force wanted hard numbers, not pie in the sky numbers, and the Task Force felt the information was pretty accurate. Ms. Hamilton-Treick noted another concern was that many affordable housing projects are built and retained by a builder/developer and then rented back to people on limited means, or investors buy up all the units and rent them back to those people on limited means. That becomes counter productive. She stated she hoped the City is aware of those situations and does whatever is legal and fair to minimize that from happening. Councilor Sherwood stated there is not a lot the City can do. That has to be the responsibility of the owners or the condominium associations themselves. • Henry Kane, 12007 SW Camden Lane, Beaverton, stated the Beaverton City Council recently passed an ordinance addressing affordable housing, but unfortunately the ordinance did not contain any teeth to enforce or impose financial liability. One concern he has is what is meant by median income. He stated that as Portland and Multnomah County imposes more fees and taxes, more people will move out of Multnomah County to Washington County. There will be a breaking point unless there is a moratorium on building. If there is going to be affordable or subsidized housing, how much is it going to cost. Mr. Roberts indicated the proposed ordinance does not add any fees or taxes. d. Staff recommendation. Mr. Roberts stated the staff recommendation was for Council to adopt the proposed ordinance with attached amendments as written. Tigard City Council Minutes - August 24, 2004 Page 12 e. Council Discussion Councilor Sherwood stated she had already made her comments with respect to making each quadrant do affordable housing. She noted that a lot of people in the County and non-profit agencies are doing what they can. She supports the change to the comprehensive plan. Councilor Woodruff concurred the Planning Commission reviewed the proposal and unanimously supported the recommendations. Councilor Wilson pointed out land costs increase development costs and commented that Tigard is on the list of being one of the least affordable communities in the nation. The area remains somewhat affordable because of the low interest rates. When interest rates rise, that will not be the case. He noted Metro requires jurisdictions to maintain a certain amount of buildable land supply, while at the same time requiring affordable housing is provided. He suggested the addition of another implementation strategy, possibly under 6.3, which would state: "The city shall encourage the maintenance of an adequate regional land supply for housing." Council then discussed the addition of the appropriate wording and location in the Housing Goal. Motion made by Councilor Wilson, seconded by Councilor Sherwood, TO ADD THE FOLLOWING LANGUAGE TO SECTION 6.1 AS ITEM NO. 11, "THE CITY SHALL ENCOURAGE THE MAINTENANCE OF A SUFFICIENT REGIONAL RESIDENTIAL LAND SUPPLY." The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes Mayor Dirksen noted the City will be beginning its revision of the comprehensive plan in the near future, and this discussion made it clear to him how much this needs to be addressed, reviewed and changes made. He noted this action is a housekeeping measure to formally add Council policies adopted during the past couple of years on an informal basis into the Housing Goal to meet a Metro requirement. There will be other discussions in the future to review this goal again. Tigard City Council Minutes - August 24, 2004 Page 13 Motion was made by Councilor Sherwood, seconded by Councilor Wilson, TO APPROVE ORDINANCE 04-09, AN ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME Ii OF THE TIGARD COMPREHENSIVE PLAN. The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes 6. PLANNED DEVELOPMENT COMMITTEE UPDATE Dick Bewersdorff, Community Development, reported the Planned Development Committee has met three times and meets again September 7. The work plan is moving forward. There were several months when the Committee could not meet. The projection is to forward a recommendation for Planning Commission review and Council's approval. Mayor Dirksen encouraged the committee to continue its work and he looks forward to their report and recommendation. 7. DARE SUMMER CAMP REPORT Bill Dickenson, Police Chief, noted the Police Department has three primary responsibilities to carry out: 1) respond to emergencies and respond to calls for service; 2) investigate crimes that have occurred; and 3) cant' out prevention and intervention programs. Chief Dickenson stated Tigard has an ongoing program of working with schools during their school year. The summer DARE program was developed to continue the work and involvement with students during the summer. He then introduced Community Service Officer Sheryl Huiras, who has operated and managed the DARE to be Great Summer Camp Program. Officer Huiras explained the seventh year of DARE camp for kids was just completed. This year, the five weekly sessions were limited to 60 kids each as that are all one school bus will hold. In addition to the campers, 65 high school students volunteered as counselors and mentors. Both prospective campers and counselors had to be turned away because there was not enough room or funding to Tigard City Council Minutes - August 24, 2004 Page 14 accommodate everyone. The concept of the camps is to show how much fun kids can have being drug free and violence free. There is a variety of activities, including educational speakers, games, field trips, sports, DARE lessons, improving self esteem, public speaking, communication, and how to make new friends. Officer Huiras pointed out the 5-week program costs the City $25,000, but there is no cost to the kids. Last year the City received a grant which funded most of the cost, and they have applied for a grant for next year for $23,467 from the State juvenile justice Program, but have not yet heard if the City will be awarded the grant. A number of community groups and businesses donate food and materials to help offset some of the costs. Officer Huiras stated kids who attended camp as a camper are now returning as Counselors or mentors. To be a counselor, a student has to maintain a good grade point average and be drug and violence free. Many kids strive to come back as a volunteer counselor in order to give back to the program. She then introduced Charlie Sanbo, a DARE counselor and Romanee Gimboio, a DARE camper, to talk about their experience at camp. Charlie Sanbo stated he attended DARE camp for three years and can see how it helps both campers and counselors. Many kids were very impressed when City Manager Bill Monahan came to the camp to talk about the new library and the skatepark. There were a lot of questions about how they can volunteer with the city and to help at the skatepark. One counselor, Donnie Martin, for his Eagle Scout Project, gathered material and supplies for the DARE camp. He stated he and Donnie were both quite shy before they got involved with DARE camp; this experience helped him make new friends and get out and have fun, without getting involved with drugs or violence. Romanee Gimbolo stated DARE camp has taught him a lot of things, how to make good choices, and not do drugs because drugs can harm his body. He is now involved in sports, including boxing, taekwondo, and will be starting soccer later this fall. He would recommend all kids to attend DARE camp. Mayor Dirksen presented city pins to both Charlie and Romanee. Councilor Sherwood stated she knew that Officer Huiras spends many hours outside of work hours on the DARE program. During the first couple of years when the program was first getting off the ground, she was scraping for money for food and supplies. She congratulated Officer Huiras for turning the program around so the City can be proud of it. Tigard City Council Minutes - August 24, 2004 Page 15 M~z 8. PUBLIC HEARING ON APPEAL OF BULL MOUNTAIN ANNEXATION BALLOT TITLE a. Mayor Dirksen opened the public hearing. b. Staff Report ' Liz Newton, Assistant to the City Manager, stated Council held a public hearing on the ballot title for the Bull Mountain annexation on August 10, and Resolution 04- 60 was adopted. Tigard's Municipal Code 1.12.030 allows for appeals of ballot titles, and provides appeals must be filed within seven business days of Council's approval of the resolution, review of any appeal is by the City Council, and that review is the first and final review. Two appeals were received within the timeline after the August 10 approval, from Henry Kane (included in agenda packet) and Ellen Godowski (Agenda Item #8, Exhibit 1). Copies of the appeals were forwarded to the Council for their review. She then asked Mr. Ramis, City Attorney, to comment about the appeals themselves and to relay the Council's discussion during the study session. City Attorney Tim Ramis stated he would recommend Council allow anyone to testify during the public hearing regarding the appeals. He noted there are four issues relating to the ballot title that could be appealed: 1) the ballot title did not meet the limitation on the number of words (10 words for caption, 20 words for question, or 150 words for summary); 2) challenge on whether the ballot title is concise; 3) challenge that the ballot title is unfair; and 4) the ballot title is insufficient. He noted the last three areas were subjective where Council would be called on to exercise judgment whether the ballot title as written is fair and accurate. Council has discretion to make changes to the ballot title based on the objections that have been filed. Mr. Ramis noted Mr. Kane raised the issue of accuracy of the notice of proceeding. He has reviewed the controlling statute and has determined the notice was adequate. The statute did not require a specific publication to include the exact language or the ballot title before the hearing on the ballot title. It does require that once the ballot title is adopted, a legal notice be published which includes the caption, question and summary, and indicate there is opportunity for an elector to challenge the ballot title, which was accomplished. Mr. Ramis explained in Oregon, city governments have a choice relating to the review process for filing an appeal on a ballot title. A city can simply rely on the statute, meaning an elector dissatisfied with a ballot title files a petition with the county circuit court the city's administrative office is located in. Tigard has taken the alternative route, whereby instead of appealing to the circuit court, the City Tigard City Council Minutes - August 24, 2004 Page 16 Council has adopted an ordinance to make the City Council the appeals body. The Tigard City Council is the decision maker, the same way a circuit court judge would be. Mr. Ramis reported that during the Council's Study Session, there was discussion about the process. He noted no findings were required as in a land use case. The question the Council has to decide is whether the ballot title itself meets the requirements of the statute. Council will listen to evidence and arguments and then make a decision to change the ballot title or deny the challenge and re-approve the ballot title. Mayor Dirksen noted the two individuals who filed challenges will be allowed to speak first, and testimony is limited to five minutes per person. Comments are to be directed to the ballot title issue. C. Public Testimony ® Henry Kane, 12007 SW Camden Lane, Beaverton, asked that Ms. Godowski's challenge be incorporated as part of his testimony, with the exception of her argument on the two-subject matter (See Agenda Item 8, Exhibit 1, referred to earlier). Ballot title law requires the summary provide the major effect or effects of a yes vote. Ms. Godowski pointed out the reference to reduced property taxes is uninformative and does not tell what the tax burden will be for Bull Mountain residents. He did not think the city property tax would include the library bond issue, but the measure does not say that it does or does not. Therefore, voters will not know what they are voting on because the language is imprecise. He could not tell if there will be a net reduction for taxpayers for current City of Tigard residents or the Bull Mountain area. The ballot title does not provide information that is required. It is a simple matter of making appropriate corrections to make it right. o Mr. Kane stated he had pointed out errors of fact in the explanatory statement in his appeal notice. There is still plenty of time for City staff to look at his objections, prepare appropriate language to address his concerns, for Council review and approval, and for the City elections official to file the corrected ballot title and explanatory statement with Washington County Elections Division. Mr. Kane pointed out the alternative is not good, as the opponents will point out where the information is wrong. He pointed out several instances: The net property tax increase of $317 figure is incorrect, and the ballot measure could indicate what the tax rate would be by adding the 3 percent increase a year allowed under Measure 50. Many concerns could be avoided by simply Tigard City Council Minutes - August 24, 2004 Page 17 instructing staff to look at the objections, all of which have merit, and addressing the concerns. Ms. Godowski has stated her concerns, and since this measure involves money and considerable increase of taxes, there should be more reference to what the increase will be. ® Alice Ellis Gaut, 10967 SW Chateau Lane, Tigard, stated she is concerned about fiscal impact issues relating to both sufficiciency and fairness. The fiscal impacts to both residents of the existing City of Tigard and the Bull Mountain areas need to be addressed equally. There has been discussion about including the phase in of taxes in the caption and question, but nothing addresses the impacts on current city residents. She believed the costs of existing city residents will go up and it is not clear when new revenues will be realized. There is nothing in the measure to address the capital improvement projects that will be added to the city's list for the Bull Mountain area and when they will be done. Realizing the word limits in the caption, question and summary, possibly the information could be added to the explanatory statement. It would be helpful to know what the projections are for increased revenues and operating costs if the Bull Mountain area annexation is approved. She asked if there is no tax increase or reduction to existing city residents,, how will the City accomplish the capital improvement projects and provide these other services to the Bull Mountain area. The existing City residents need to understand what the impacts will be on them as well. Mayor Dirksen noted there was no one else who had signed up to testify. d. Council Discussion Mr. Ramis stated he had some comments about the process before Council deliberates. Ms. Godowski's comments deal primarily with the idea of putting in place some language that gives notice to voters that there will be a phase-in of taxes for the area being annexed. If Council concurs, there are several places in the ballot title that probably should be changed. The caption should be changed to read, "Annexation by Tigard of Bull Mountain areas with phased in taxation." The summary speaks about "city rate" in the last paragraph. There may be other ways to phrase that statement, and currently 12 to 15 words could be added and still be within the word count limit. Ms. Newton stated the word count for the caption as just stated would be 11 words which are over the word limit. Mr. Ramis replied he would remove the word "areas", so the caption would read, "Annexation by Tigard of Bull Mountain with phased in taxation." This rigard City Council Minutes - August 24, 2004 Page 18 would be within the 10 word limit. The ballot title question Ms. Godowski recommended, which he concurs with, states, "Shall unincorporated Bull Mountain be annexed to Tigard with property taxes reduced for two years within the annexed areas?" The Council discussed whether to change "reduced" to "phased in" in the question, and concurred to make that change, to read, "Shall unincorporated Bull Mountain be annexed to Tigard with property taxes phased in for two years within the annexed areas?" The word count is 20 words. Councilor Wilson indicated his concern about the paragraph in the explanatory statement beginning with the statement, "Newly annexed residents would receive," followed by a list of six services. He was concerned whether these statements are all true, subjectively true, or just the City's opinion. He proposed replacing that statement with the following statement: "In comparison to the services that Washington County provides residents of the Bull Mountain annexation area, the City of Tigard provides its residents with more police officers per 1000 population, shorter police emergency response times, more park facilities, traffic calming programs, and more frequent road maintenance services." This changes it to facts that can be substantiated. After discussion, Council concurred to make that change to the explanatory statement. Councilor Woodruff noted in the explanatory statement, reference is made to the city tax rate. Both Mr. Kane and Ms. Godowski raised the issue of whether the "city tax rate" included the cost of the library levy or was it just the property tax rate. Mr. Monahan noted he thought Council gave direction at the last hearing that this referred to just the property tax rate. Mayor Dirksen asked if Council wanted to change that to add the library bond in the phase-in language. Councilors discussed what they meant by "city tax rate." The question was also raised what happens should the City propose a serial levy during the three-year period, even though there are no plans to do so. Council directed staff to prepare language relating to "the city tax rate" to include any existing or future bond in the statement. Tigard City Council Minutes - August 24, 2004 Page 19 Councilor Woodruff asked if Council needed to include any comment in the explanatory statement about the impact on current Tigard property owners. Mayor Dirksen Indicated it already is included in the explanatory statement where it states, "Property taxes for existing city property owners will not increase as a result of this annexation. Annexation of the Bull Mountain area would not impact service levels for existing city residents." At this time, the Council did not have any additional requests for staff to prepare language for further review. Mayor Dirksen indicated this item would be tabled while staff prepares language for Councils consideration, and would move on to the next item. *NOTE: The following discussion was held at the conclusion of Item No. 9. Mayor Dirksen reconvened the public hearing in order for Council to review the revised resolution (See Agenda Item #8, Exhibit 2). Copies of the revision were distributed to Council, staff and audience. Mr. Ramis indicated that he and Ms. Newton added and deleted language as directed by Council, reviewed it for clarity, and checked the word count. The changes made were as follows: ® Explanatory Statement, fourth paragraph: "All city taxes, Including property taxes and bond or serial levies for the area to be annexed, would be phased in over three years." This makes it clear that the tax phase in applies to all city taxes. O Explanatory Statement, fifth paragraph, last sentence was changed to read: "Property taxes for existing City property owners will not increase, and service levels to existing city residents will not decrease, as a result of this annexation." He checked with the City Manager who verified there is a memorandum from the Finance Director to confirm that statement. Explanatory Statement, the list of six services was eliminated, and replaced by the following language: "in comparison to the services that Washington County provides residents of the Bull Mountain annexation area, the City of Tigard provides its citizens with more police officers per 1000 population, shorter police emergency response times, more park facilities, traffic calming programs, and more frequent road maintenance services." After these changes were made, the word count for the explanatory statement is less than the 500 word limit. Tigard City Council Minutes - August 24, 2004 Page 20 Ms. Newton stated the changes made to the Ballot Title are as follows: Caption: "Annexation by Tigard of Bull Mountain with phased in taxation." Question: "Shall unincorporated Bull Mountain be annexed to Tigard with city taxes phased in for two years within the annexed area?" The words "with city taxes" replaced "with property taxes" to be consistent with the change that had been made in the explanatory statement. Summary: the last paragraph was changed to read as follows: "All city taxes, including property taxes and bond or serial levies in the annexed area would be: FY05-06: 50% of City's rate; FY06-07: 75%, 100% thereafter." Again, this change makes the reference to "city taxes" consistent with the other parts of the ballot measure. Ms. Newton indicated the changes reflect Council's discussion. Councilor Sherwood asked if the word "area" could be added following "Bull Mountain" in the Caption. Ms. Newton stated h count o Caption f the summary is 147, which undea the 150 exceeded. The word word limit. e. Close of Public Hearing Mayor Dirksen closed the public hearing and asked what action should now betaken. f. Staff Recommendation Mr. Ramis stated he recommended Council move to substitute this resolution for the one previously adopted (04-60), and then approve a new resolution with a new number. g, Council Decision Upon motion of Councilor Moore, seconded by Councilor Sherwood, TO REPLACE RESOLTION 04-60 WITH RESOLUTION 04-64. Motion was approved by the following vote: Page 21 Tigard City Council Minutes - August 24, 2004 Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes Upon motion of Councilor Sherwood, seconded by Councilor Woodruff, TO APPROVE RESOLUTION 04-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE PROPOSED ANNEXATION OF BULL MOUNTAIN AREAS TO THE VOTERS OF THE CITY OF TIGARD AND TO VOTERS IN THE AREA PROPOSED TO BE ANNEXED. Motion was approved on the following vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes Mayor Dirksen recessed the meeting at 9:30 p.m. for a break Mayor Dirksen reconvened the meeting at 9:38 p.m. 9. CONTINUATION OF DISCUSSION OF GOAL 5 Mayor Dirksen asked if the staff was asking for something specific from Council. Julia Hadjuk, Associate Planner, explained she would not be explaining the entire program again, but would review some elements that are still being worked on in order to give direction to her and Councilor Wilson as Tigard's representatives to the Steering Committee and the Natural Resources Coordinating Committee. Ms. Hadjuk discussed various components of the Program that had been identified by the Steering Committee: One of the overriding goal of the Tualatin Basin Goal 5 program is to improve the environmental health of the Tualatin Basin, with four major elements identified: Non-Regulatory, Regulatory, Revenue, and Administration and Monitoring. The Regulatory and Revenue elements are the biggest components. The Non-Regulatory element consists of education Tigard City Council Minutes - August 24, 2004 Page 22 and stewardship programs, and details of the Administration and Monitoring element, while being an important component, is still being developed. There will be a continual follow-up to reassess the program on a regular basis, to make sure the program is still working and achieving its objectives. • The Revenue category issues developed to date include a fee in lieu, would be charged for mitigation for properties that cannot be mitigated on site and a proposed surface water management (SWM) fee to help enhance projects throughout the Tualatin River Basin. • The Regulatory category has received the most public attention because it has both resource impacts as well as component impacts. When the environmental, social, economic and energy (ESEE) consequences analysis was conducted, certain areas or zones with high economic value areas were identified. Those categories were reviewed at the last meeting. • In Tigard, there are 104 additional acres impacted with 38 acres being considered buildable in commercial areas, 59 additional acres and 45 acres are considered buildable in industrial areas and in residential areas, there are 855 additional impacted areas with 368 acres that are buildable. In all residential zones with an R-7 density, that equals to 1,385 units that are impacted if there is no density transfers. • Of the issues identified by both the Steering Committee and the Natural Resources Coordinating Committee, the one with the most concern was the mapping and inventory errors that have been made. There needs to be a clear and understandable process for the public to follow to identify and correct those areas on a local level. The other large discussion item now relates to the loss of development capacity and loss of resource capacity. The analysis is currently being worked on to determine a) how much basin capacity will be lost, b) how much resources will be lost, c) how much capacity is available to accommodate the resource mitigation on site, and d) whether or not the mitigation ratio can be accommodated within the basin. Tigard has 1,385 residential units, which is equal to about 13 percent of the total residential units lost of 10,500 in the Tualatin Basin. Tigard's land area is roughly 13 percent of the total basin land area. • The Metro Council passed a resolution last week to clarify that the program would allow currently allowed uses on developed residential property, meaning that if a land use permit is not required today in jurisdictions, a land use permit would not be required tomorrow. The Steering Committee continues to get that question clarified. • Another continuing issue is the alternatives analysis and is still being addressed. • Another issue relates to the light limit areas. An issue paper is bci ng developed. • The Enhanced Surface Water Management (SWM) fee still is being discussed that would be applied toward cleaning up the water area. Some jurisdictions Tigard City Council Minutes - August 24, 2004 Page 23 feel it should be a tax, that it should be submitted to the voters, or that it should be more. In other words, every property owners who pays a sewer bill would pay the surface water management fee. The reason this is being proposed is that the problem is a basin-wide responsibility, not just the responsibility of the property owner adjacent to the resource, and therefore everyone shares in the resource and that everyone should help pay for it. a Discussion continues on the future urban areas and the impacts on the urban growth boundary expansion areas. Ms. Hadjuk stated she had also identified additional concerns she felt still needed to be resolved. ® Mitigation requirements: how mitigation is calculated (square foot per square foot, inch per inch). She is concerned how this might impact Tigard's tree mitigation requirements. • Fee-in-Lieu of costs. Currently the proposal is land is not included in the fee- in-lieu costs. She feels this undermines/undercuts Tigard's current practices of charging developers a lump sum who want to mitigate on public land. • Councilor Wilson's concern regarding additional funding for the enhanced surface water management fee, the fee-in-lieu, is not currently on the table for discussion by the Steering Committee or the Natural Resources Coordinating Committee. Other funding ideas or options have not been discussed by the Tigard Council. Other ideas might be tax rates, compensation for resource protection, or bonds for land acquisition. The Coordinating Committee will probably be addressing these issues in more detail. Mayor Dirksen noted Council had discussed affordable housing earlier in the meeting and asked how does this impacts capacity and is Metro discussing or considering how to address capacity reduction. Ms. Hadjuk responded this has been discussed but has not been answered. Some people have indicated Metro addressed that question in a recent resolution that cities do not have to accommodate increased capacity or decreased capacity, but when Metro staff is asked if the question of capacity has been addressed, they indicate they are not sure. That question, therefore, still needs to be resolved. There is also the option to expand the urban growth boundary or to increase the density, but the members of the Steering Committee have not received a clear answer from Metro on how that will be accommodated. Councilor Wilson indicated Susan McLain, Metro Councilor, stated at one of the meetings that Metro had gone on record a number of times that if Goal 5 reduces Tigard City Council Minutes August 24, 2004 Page 24 capacity, they would bring land into the urban growth boundary (UGB) as opposed to increasing the density. He still is skeptical this would be done. Ms. Hadjuk stated the Tualatin Basin Steering Committee members had questioned that if an area is reclaimed by the UGB expansion, would it be reclaimed in the same area or another area, possibly on the east side, not in Washington County. This continues to be an issue, but one that cannot be resolved by the Steering Committee, as it would need to be done by Metro Council. Mayor Dirksen noted the whole concept of Goal 5 related to environmental impacts, and asked if there has been any study made to show the potential environmental benefit would match the problems that are being created as a result of this proposal. He sees a lot of effort being made to accomplish some little benefit or possibly no benefit at all. Ms. Hadjuk responded this issue has been discussed by identifying the resource land that will potentially be taken for the program and identifying the capacity to mitigate those resources on site. This was an issue Council raised during their last study session relating to the impacts expansion of the UGB would have on environmentally sensitive lands. As part of the UGB expansion, Metro will need to look at those Goal 5 impacts and the resources to protect environmentally sensitive lands. Councilor Wilson indicated advocates for this program have talked about preservation over mitigation. Mayor Dirksen asked Ms. Hadjuk what she wanted from the Council. Ms. Hadjuk responded she had several questions for the Council's consideration. • Are there any other issues that Councilors have identified, beyond the capacity questions, housing claimed, and environmental concerns? • Are there other issues that she has not discussed that Council has a feeling about, or something in the program the Council is strongly opposed to that she or Councilor Wilson needs to take back to the respective group? • Is there something where mitigation should be applied? • Does there need to be more or less protection, or should the resources be protected as much as possible? Mayor Dirksen stated he did not feel technically adequate to offer an opinion. He felt a combination of mitigation and protection makes the most sense, as in certain circumstances, protection would be best, but in others, mitigation would be best. Ms. Hadjuk explained she thought this is what the program is trying to do, and have a program concept that would provide some protection, some mitigation, and allow Tigard City Council Minutes August 24, 2004 Page 25 some development. The Steering Committee would like to know if there Is a balance in the proposed program concepts. Councilor Sherwood said she could see both positions. If she lived in an area that is protected, she may want strict limits to be applied. On the other hand, if she were the property owner who had owned it for 40 years with the intention of keeping the land in the family or possibly with the intention to develop and use proceeds for retirement, she would not expect that person to give it up freely. There needs to be a way to compensate that person for the land that is being taken, because the rules have now changed. Councilor Woodruff stated it is easy for everyone to be on board with the concept to have as much protected areas to make the community great. Looking at cases Councilor Sherwood talked about, involves looking at this on a case-by-cases basis, which is a much tougher call. The rules have now changed and a person can no longer do with their property as they had planned. There needs to be a way to compensate those property owners. Otherwise, this comes across as being "big brother" telling others how they can use their property. Ms. Hadjuk asked if compensation is still a concern that needs to be addressed both by the Steering Committee and the Coordinating Committee. Mayor Dirksen stated he was thinking more in terms of environmental protection or mitigation. On a case-by-case basis, one may be better than the other. Regarding the political aspects, compromise is the only way this will work, otherwise, it will not fly. Ms. Hadjuk said she had one more question which she had mentioned in her memorandum. There were requests from some citizen groups to increase the level of protection in certain areas, specifically the flood plain areas. That primarily impacts the residential area because there can be no development in the flood plain in residential areas, but there can be development in the flood plain in commercial and industrial areas. She and Councilor Wilson would like feedback from the Council, in order to know how to respond when proposed changes in the program are made. She asked if the Council felt additional levels of protection in the flood plain, above and beyond what are existing, and the limit levels currently proposed, under the Goal 5 program, whether or not strict limits would be appropriate. Councilor Sherwood said she did not understand why commercial and industrial development is allowed to occur in the flood plain when residential is not. She thought all areas should have strict limits. Tigard City Council Minutes - August 24, 2004 Page 26 Councilor Wilson responded that commercial and industrial areas have huge parking lots. Many buildings in those areas are built a foot above the 100-year flood level, while the parking lot is in the 100-year flood plain. During the 1996 floods, there were many cases where water flooded the parking lot and came up to the building, but did not flood the buildings. Residential areas are generally the same level. He pointed that every valley is a flood plain, varying between 2-year, 5-year, 10-year, or 100-year flood plain, which is a varying degree of probability that the property will be wet at some given time. Land in the 100-year flood plain is going to be really dry most of the time. He stated that the Committee heard a lot of comments from other jurisdictions. Tualatin Mayor Lou Ogden suggested that the city councils of Tigard and Tualatin hold a joint meeting to discuss this issue, but there is not adequate time to meet jointly given the existing time frame of this proposal, as the Committee is scheduled to meet August 30 and vote on September 13. A number of people still suggest this is not enough time for careful consideration and to thoroughly review the issue given its complexity. Councilor Wilson noted most of the issues Councilors have raised are the same issues that other members of the Committee also raised, including the capacity issue, the loss of capacity and impacts on provide property without compensation. This is similar to a "have your cake and eat it too" issue, but this is "you can't save it and use it too." Mayor Dirksen asked if there was a particular change Councilor Wilson suggested. Councilor Wilson replied he would give protection to all land if there is a way to get the same amount of land outside the boundary and if people who experienced financial impacts as a result of this program were compensated. This would apply to those owners whose property is condemned for public projects, because otherwise it is a abuse of regulations. He cannot in good conscious support condemnation without just compensation. There will be opposition to implementing a new tax to pay for Goal 5 and to acquire land impacted by it. As he sees it, the only potential way out is to buy the land as it is brought into a city that would be impacted by Goal 5. Land that was selling for $8,000 an acre outside the city would be worth $100,000 an acre after it is annexed. If there is to be a neutral ground, there would need to be a way to transfer that value from those outside the UGB to inside the UGB. There have been many people through the years who have been concerned about the use of condemnation as a way to acquire land. The vote in November on Measure 37, "Governments Must Pay Owners, or Forgo Enforcement, When Certain Land Use Restrictions Reduce Property Value," may make ail this issue mute. Mayor Dirksen indicated he felt compromise is the way to go. He asked if Council had answered Ms. Hajduk's question. Tigard City Council Minutes 7 August 24, 2004 Page 27 Ms. Hadjuk replied what she has heard from Council is to make sure compensation is thoroughly and completed addressed before the program is implemented. That is one issue the two committees have expressed concerns about. She indicated she would work with Deputy City Recorder Jane McGarvin to summarize the Council's concerns in order to provide Councilor Wilson with a list of concerns before the Natural Resources Coordinating Committee meeting on Monday. Ms. Hadjuk indicated that regarding the flood plain issue as it relates to compensation, she did not know if it would be addressed completely to Council's satisfaction. She reminded the Council that currently residential development is prohibited in the flood plain, which commercial and industrial development can occur with proper cut and fill measures taken. In the strictly limited areas, even commercial and industrial development would be impacted by the takings issue. Councilor Wilson asked if there is a distinction between commercial and industrial areas with residential. Ms. Hadjuk responded residential development in flood plain areas are currently prohibited. The areas of concern the City has is in the commercial and industrial areas that have moderately limited designations as well as the high density urban designated areas. With the ESEE analysis, there could be a higher Class 1 resource, but it could receive a lower level in the same resource classification. That is what has occurred along Fanno Creek and Ash Creek in the Washington Square Regional Center area, which are in focus areas with currently undeveloped flood plain that could potentially be developed with commercial or industrial uses. She indicated it is fine if the Council still is uncomfortable making a recommendation; she had indicated she would bring the question to Council to see if it had a recommendation. Otherwise, the current limits could be left the way they are now. Councilor Wilson asked when the Park Survey is scheduled to be presented to the Council. Mr. Monahan indicated it is scheduled for presentation at the September 21 workshop, followed by public comment on September 28. Councilor Wilson noted there has been a lot of concern by many people that the last green spaces will be lost during this process. Ash Creek is a coveted area the City wants to protect. The reason he asked about the Park Survey, he would like to know whether there is support for a bond measure regarding open space. He noted he did not quarrel with the intent of Goal 5, but does have a problem with the means by which it is proposed to be implemented. Tigard City Council Minutes - August 24, 2004 Page 28 Mayor Dirksen stated he did not think a blanket statement could be made regarding all floodplains as they are not all equal, but needs to be looked at on a case-by-case basis. Councilor Wilson also noted there has always been a protection of life and property in the floodplain areas. One of the impetus of the Federal Emergency Management Agency (FEMA) is to regulate flood plain and deal with emergencies. This is shifting the focus from protection of property to protection of habitat, a real substantial change. Residential development in flood plain areas are prohibited. Putting a house on stilts would make for a sorry looking neighborhood. In commercial and residential areas, the pads are raised on which the buildings are constructed, but the parking lot is lower and does get flooded, and no harm is done to the building. In the 100-year flood plain, it is anticipated that 99 years out of the 100, the land will remain dry. He said that Washington County Chair Tom Brian stated that in all his years in the legislature and the County, this was the most morally sticky issue he has ever been faced with. Councilor Moore indicated he agreed that this was a very difficult decision for all the cities, counties and Metro. 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. ADJOURNMENT Mayor Dirksen adjourned the meeting at 10:32 p.m. r U f~ l~ ne McGarvin, Deputy City Recorder Attest: L Mayor CWy of Tigard 7 Date• Tigard City Council Minutes - August 24, 2004 Page 29 * Revised 8/23/04 'TIGARD CITY COUNCIL MEETING AUGUST' 24, 2004 6:30 p.m. CITY OF TIGARD OREGON TIGARD CITY HALL 13125 SW HALL BLVD, TiG'ARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 mm. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE A 1 1 ACHED AGENDA COUNCIL AGENDA - AUGUST 24, 2004 page 1 AGENDA TIGARD CITY COUNCIL MEETING AUGUST 24, 2004 6:30 PM ® STUDY SESSION >COUNCIL INVOLVEMENT IN DOWNTOWN IMPROVEMENT PLAN ® EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications at Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) Anyone routine may are item enactedbe 3. CONSENT AGENDA: These items are considered in one motion without separate discussion. removed by motion for discussion and separate action. Motion to: 3.1 Approve Resolution for ODOT Transportation Enhancement Grant Application 3.2 Local Contract Review Board: a. Award DUST Construction Bid b. Award Contract for the Construction of Mapleleaf Street Improvement ® Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. page 2 COUNCIL AGENDA - AUGUST 24, 2004 4. PREVIEW OF TIGARD BLAST/CITIZEN FAIR a. Staff Report: Tyler Ellenson, Tyler's Automotive b. Council Discussion 5. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT TO CHAPTER 6 (HOUSING) a. Open Public Hearing b. Staff Report: Duane Roberts, Long Range Planning Staff C. Public Testimony d. Staff Recommendation e Council Discussion f. Close Public Hearing g. Council Consideration: Ordinance No. 04 - 6. PLANNED DEVELOPMENT COMMITTEE UPDATE a. Staff Report: Dick Bewersdorff, Community Development b. Council Discussion 7. DARE SUMMER CAMP REPORT a. Staff Report: Sheryl Huiras, Tigard Police Department b. Council Discussion 8. PUBLIC HEARING ON APPEAL OF BULL MOUNTAIN ANNEXATION BALLOT TITLE a. Open Public Hearing b. Staff Report: Liz Newton, )ane McGarvin, City Administration Staff C. Public Testimony d. Council Discussion e. Close Public Hearing f. Council Consideration 9. CONTINUATION OF DISCUSSION OF GOAL 5 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. ADJOURNMENT COUNCIL AGENDA - AUGUST 24, 2004 page 3 r COMMUNITY NEWSPAPERS Legal P.O.BOX370 PHONE(503)684-0360 Notice TT 10458 BEAVERTON, OREGON 97075 Le CITY ®F ° .TIGARD *City of Tigard OREGON: 13125 SW Hall Blvd. ®Tigard,Oregon 97223 The following wtll'be considered by the ,Tigard City Council oR: Accounts Payable It[eadayAugast 24_, 2(104 at-7:30 PM at the Tigard Civic;Center U_ ° Town Hall ,;13123-SW Hall Blvd;,'•Tigard, Oregon. c hearint Both public oral or written testimony is invited. The publi on ;this matter will be conducted . in accordance with the Tigard' Municipal Code and the rules of procedure adopted by the. Council and available at City Hall or the rules of procedure set forth in Section AFFIDAVIT OF A 18,390.060.E and ORS,Chapter 197. STATE OF OREGON, ) Further information,' may, be;'.obtained from. the, Planning Division'., COUNTY OF WASHINGTON,) (staff' contact: Duane Roberts) at 13125 SW Ha11 Blvd., Tigard,, Oregon 97223, or by calling•503-6394171. I, Kathy Snyder PUBLIC BEARING ITEM being first duly sworn, depose and say th) CO114PRE1l D SI;VE PLAN '(CPA)2 0002'004-0, Director, or his principal clerk, of the > A&wRDA,BLE`HOUSING CODE AMENDMENT < " a newspaper of general circulatign as d REQ ST: ;The City of Tigard proposes to, amend. Chapter 6, and 193.020; published at Tigard Housing, of Volume H of the Tigard Comprehensive Plan in order to aforesaid county and state; that the Pu11 facilitate the provision of affordable housing within the communitjYr CPA2004-00002 Affordable Handao provide additional evidence of Metro Title ,7 compliance. a printed copy of which is hereto annexe LOCATION: Citywide: ZONE N/A. `APPLICABLE REVIEW entire issue of said newspaper for oil CRITERIA; "Community Development Code. Chapters 18.380 and, 18.390; Comprehensive, Plan Policies 1, 2, 6 ` and 12; Statewide; consecutive in the following issues: Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 and 8. August 5 , 2 0 0 4 TT. 10458 - Publish August 5, 2004. Subscribed and sworn befo a me thiE±b r1 y n.£-AugLLst , 2 0 0 4 m C/~L{ c, + OFFICAL SEAL ROBIN A BURGESS otary Public for Oregul1 i~"JTnni ~vvuv-vncwi~ ~s COMMISSION NO, 344589 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2005 AFFIDAVIT 3 QM a J0J n'~ 4g va ft Pln4 8"S saPttrs ms''148 01 Il~ of undo sr ~ pue ~rsstata• , p lO Pry lgaoq ~q °~8 : uoq va►oag coq and Au'Q` zot` 1lsglax$ U00 W d!7 fog , ? r3 Jra q oai~ •IB~1[~; p aalst 7'Bat1 umat ~,ur s7ga @ izej attx , - ; ~01 Rio yv~' ' aum p ,(J Jn~o77 4sa,~ aaafq a4l u► a efa Pue'rdoo.oo 00 aft uo~: #xait J0j:a-%~S£OL6ofa Uo 'fticr u aao>Jd Ia Ii uos Pue iB aU f-uojols g. alaMesn,~ oaru a~~ aa3Qu no x Puas -.msur aanoa of ~UR3 nOA 'anus 6[u0 it ~ 3 eluoa of orim', asnosse ofod Jolt? quraUr 1104$ a uo paoefd a ~ a IOU sr asfj CO M NI w sia6efd IIy :sa0 n an.4 Oil aq ~u mo f 8uG'eH P.O. BOX 370 PHONE ko%- dMSf1 IVUo~4euu0;uU stqP' .103 u 0 4 5 8 BEAVERTON, OREGON 97075 oo 'Er Legal Notice Advertising ® ❑ Tearsheet Notice °City of Tigard 13125 SW Hall Blvd. ° ❑ Duplicate Affidavit °Tigard,Oregon 97223 Accounts Payable ° ® AUG11~~ C'D AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON,)' 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thdE gPrd-Ti,a 1 at i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Public Hearing/ CPA2004-00002 Affordable Housinq_ a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: August 5,2004 - 0. 5~...,,~ . Subscribed and sworn to befo a me this+da* ^f -A'-'r3" G t , 2 0 0 4 OFFICIAL SEAL ROBIN A BURGESS Otary PUbIIC fOf OfegOn 0 CNOTARY OMMISSION No. 344.589 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2005 AFFIDAVIT AD # AU6 2 520(9.0. BOX 37 PHONE (503)684-0360 COMMUNITY NEWSPAPERS Legal T BEAVERTON, OREGON 97075 Notice 1 T 10 4 6 5 Leg; NOTICE OF REVIEW OF BALLOTR`fU TO REFEItBULL MOUNTAINI ANNEXATION':TO VOTERS' ATTHENOVEMBER 2, 2004ELECTION *City of Tigard On Tuesday, August '10; 2004,'ihe: Tigard City :Council adopted 13125 SW Hall Blvd. ; Resolution 0460; adopting the ballot title to place the Bull Mountain ° Tigard,Oregon 97223 -Annexation on: the November 2, 2004,'Election.". The Tigard Accounts Payable Municipal Code (TMC) Section 1.12.030 states, • _"Any elector dissatisfied with . a ballot title : filed with the City Elections Officer .by the City Attorney or the City. governing body, may petition the CityCouncil-seeking a different title and stating the reasons the title filed is insufficient, not concise' r unfair. The petition 'shall be filed with the CityElections Officer not later than the seventh AFFIDAVIT OF PI bu ess day after the title is filed with the City Elections Officer. The City Council shall review the title and measure to be initiated or STATE OF OREGON, ) -referred, hear arguments, if any, and certify to the 'City Elections COUNTY OF WASHINGTON, ) SS' Officer, a.tide for the measure which meets the requirements of ORS 250.035 and 250.039. The 'review by the City Council shall be the I Kathy Snyder first and final review, and shall be conducted expeditiously to insure being first duly sworn, depose and say thlr'the orderly and timely. circulation of the petition or conduct of the Director, or his principal clerk, of theMigi election at which the measure is to be submitted to the electors. a newspaper of general circulation as de°The Tigard City Elections Officer has received one challenge; to the and 193.020; published at- T; ga rd Ballot Title.concerning the proposal to' submit the :Bull Mountain aforesaid county and state; that the Rev: annexation to the voters at. the November 2,;2004 election; there may Bull Mo i n a i n Annexation be,more received by the deadline of August 19, 2004 at 5 p.m: a printed copy of which is hereto annexed'On Tuesday, August 24,:2004 at 7:30 P.M. In the ToWn Hall, 13125 ONE SW Hall Boulevard, Tigard, Oregon, the Tigard City Council will! entire issue of said newspaper for hold a°public hearing regarding any challenge(s)-of the ballot consecutive in the following issues: title. The City. Councll's decision will be final. Further informationmay be obtained from Deputy City Recorder Liz Auger t- 19 2 0 0 4 Newton at liz(a ci.tie rd.or.uc or Deputy City Recorder/City Elections Officer Jane McGarvin at jane@ci.tigud.orus; 13125 SW Hall Boulevard, Tigard, OR 97223; telephone, 503-6394171. TT 10465 - Publish August 19, 2004. Subscribed and sworn to be me this ~4fAiLc~ust , 2 0 0 4 OFFICIAL SEAL ROBIN A BURGESS otary Public for Oregon NOTARYPUBUC-OREGON COMMISSION NO. 344689 My Commission Expires: MY COMMISSION EXPIRES MAY 18, 2005 AFFIDAVIT , 4'01 • w~~SAb a~0 . Pesua01j VV4 ' St►~1®rr D"C®g ww lsorfg wru, QM 11~g ' qdo ano 10 1 oax ;aA`,I ION "it 011, Op m) i . aoadxa aM a N, gM.fn$ s a ° JO psi , 30 ano. ' ' PEes aasr , ~I ®9i8~ 8 i19~'/}pA~ ® }Oi p load xaM " T AUn®~ o ??emareat sr ffaei op uuo 009MSo ~ 'aas o;. ae. q 'sadoq aas 'ffegao03 01 aeIafru~ap aaOAap oa a 12urg7~Crana 0) 8uro8 P tueM I " xoeal unl _ ° -ao03 aqi 01 se I `meal [[e q ~r ~ ~t , AiOq mo s M I pa3eoi A a °a I ~ao QX siq; 3[as, w f" U 5 ~a 0. BOX 370 rnr°1 : aaods ap$uri3 S does aqa `an 14 6 5 BEAVERTON, OREGON 97075 w0p I„ pies Xbr i'' Legal Notice Advertising ® City of Tigard ° ❑ Tearsheet Notice 13125 SW Hall Blvd. Tigard, Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, ) I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard-T ua 1 at i n --Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti gard in the aforesaid county and state; that the Review Ballot Title/ Bull Mountain Annexation a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: August 19.2004 Subscribed and sworn /to~ be me tthis u st , 2 0 0 4 OFFICIAL otary Public for Oregon NOTARY PUBUC-o EaON COMMISSION NO. 344589 My Commission Expires: MY COMMISSION EXPIRES MAY 18, 2005 AFFIDAVIT City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, D 0 4,' A- r 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) .04709. , which were adopted at the City Council meeting of Augsut.2.4,_.2.0.04-__, with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the ~ _ day of o ~ -qq, 20 O 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon APerforrmne Signature of P rson whd Po sting Subscribed and sworn (or affirmed) before me this day of ' 0- , 204 / OFFICIALSEAL Sinature of Notary Public for Oregon JILL M BYARS (*NOTARY PUBLIC-OREGON OMISSION NO. W793 MY COMMISSION EXPIRES JUNE 14,2M UTIG333\USR\DEPTSVADM\GREER\FORMS\AFFIDAVITSWFFIDAVIT OF POSTING • ORDINANCE.DOC aQo~( Co ij 1) CA'e City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinances 04-01 through 04-15 STATE OF OREGON ) VD. Dq" C'i County of Washington ) ss. la Ll /(Y-( City of Tigard ) it 1 bk ( )tee 11 %P nJ)~ , being first duly sworn (or affirmed), by J oath (or affirmation), depose and say: That I on December 15, 2005, I posted in the following public place, a copy of Ordinance Numbers 0-47-01--through-04--15- which were adopted by the City Council, Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Y Signature of Person who Perfo d Posting d~ Subserib d and sworn ( affirmed) before me this 5 day of OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MMISSION EXPIRES JUNE 14,200 Signature of Notary Public for Oregon MY CO i:dm' pwVormsGfMdavWaNM of posigq. 04 ordmoms - 04.01 to 04.15: pemel mter.eft CITY OF TIGARD, OREGON Attachment 1 ORDINANCE N0.04-rri AN ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME II OF THE TIGARD COMPREHENSIVE PLAN. WHEREAS, the City of Tigard finds it necessary to revise Chapter 6 of the Tigard Comprehensive Plan Findings, Policies and Implementation Strategies, Volume 11; and WHEREAS, the City of Tigard Planning Commission held a public hearing on July 19, 2004, regarding amendments to the housing chapter; and WHEREAS, these amendments are those included in Comprehensive Plan Amendment (CPA) 2004- 00002; and WHEREAS, the proposed amendments are designed to promote the dispersal and facilitate the maintenance of affordable housing within the community; and WHEREAS, the amendments reflect pre-existing actions taken by the City in recent years that have not, as yet, been incorporated into the Comprehensive Plan; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council approval of the proposed amendments shown in Exhibit "A"; and WHEREAS, the City Council held a pubic hearing on August 24, 2004, to consider the amendments, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report (Exhibit "B"). SECTION 2: The specific text amendments attached to the Ordinance are hereby adopted and approved by the City Council. SECTION : This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By !y vote of all Council mgm~bers present after being read by number and tit a only, 'this ~f~tiay of ll42 , 2004. A Ul/Vt. Pe McGarvin, Deputy City Recorder ORDINANCE No. 04-11 Page 1 APPROVED: By Tigard City Council this day of 2004. Craig D' en, Mayor Approved as to form: Attorney Date ORDINANCE No. 04- 01 Page 2 Bold addition Grssseut deletion Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. This chapter addresses the Statewide Planning Goal #10: "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. t • Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the, City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land). 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. . 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; C. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, private non profit housing corporations, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the city. 11. The City shall encourage maintenance of a sufficient regional residential land supply. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. I POLICY 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FWILLTAELIMINATE TRUNNECESSARY DEVELOPMENT PROPOSALS, AN PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES ision sign zonin codes 1. The City shall review, reviseWill be update tupedn in alvs ngle code and identified as The corresponding document 9 o the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and C. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A ma ority of the City's existing units have been built since 1°6^; and i.^. ganoral, 1 these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Housing -AuthGF'tyef Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County also operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULATIONS.ORDIN' AAIGE IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3, In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall '^.•c 1_w interest loan and grant encourage residents io uil//I"C the rariv.... programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where sially feasible, all nuisance ordinances that relate to StFUOure-end site appearances. The City also will enforce all ordinances that relate to structural soundness. The City will encourage ' private property owners to comply with all nuisance and structural ordinances, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. Code 4;6 The city will set reasonable ruleil in prthe otect Tigard he ha acterltof exi tingnres'dent al for accessory buildings which wl p neighborhoods. VIrpn/dr/6 i z l 'i ,f r } r t'`,'~ i'-4v r i +.7>}t 4 l } lt# T a - -1 p _ _ ;ice ~s ,a,..„ s9 < a"'4x 't - ~t "Yr F 2 , +t ? a c . r y' '''f Y ;tL r - a} t - a t ~ F{ % - a _ A j .1•'i_~5~. fAFRs$ p' Y 1i 3 i- =-.G4 f t t 3 y. i #3 - - fr - 5 5. - - s '-~y-}zt to -ti Cf 01(0 - - _ M~ , TIGARD CtTY C® lNC~i9l 13USINnEyS~,{S M(t.,~Ult, ST41DY S~S$ION £'t *ftiY & %a Yir G ni= "r R -f'µ+~7u 24; GVit°R "w,~!t!7V pim - r s , - s, F, p' ~ r - ' 13125 SW Hali Boulevard, Tigard, t~regon LT 5t I 1; a - l ~ Ty Se~stott !s°held In the R Rock Crne Conten3nre Room Enter fit. the back,_of Town Haft The rt n a~-Y b~, fl f . , encourages fitarested c~ize s;fict,alt®rt t all l ►t ol+ftte meeting. l~ late number of attendees exceeds . , G ,rtthe'Conferenid`Rtiorn; tiie`CouncN may'rraovsw the 3t"Sssslai.to;the'Town Hall g- 'k L _ ' SESSION the Slgardtty Counci! will go into Executive Session to discuss pending litigation , Ms ~ I 17. pndisrtS;ti92 860(2)(h) P.,lI d~scussiorts are confiders#ial antl those present tray disclose nofhing from- Executive $sssions, a§_proVlded by r t ,.Sesl 6 - Repr e sentativ es of ths`news medlh Are allowed to attend i a~ORS 192 66tI(4)s brit must not disclose any'Irifarmation discussed No Executive Session maybe held for ` 'j; purpose of taide~g any final action ori I— maki6 any final derision h Executive Sessions are dosed to the= tic° yam. yFi t'r s{ 2 t> i tai•.r - - c 3 - " q " o STiJDY SESSION _ h , _ t j > T x STRATEGIC PLEWNING s~F`x, 4%'' Y fit ; 4 _ r - - ('z 1#4 f - v - - 3~ - - - - _ > ADMINISTRATIVE ITEMS t t a Calendar Review e August 31 Potential City Couricii Meeting (Ballot Title?) = } . Septetnter 14 City Council Business Meeting 33$eptember'.18 Tigard BIasUGitizens Fair.. . September 2t Council Wddcshop Meeting September 28 C4 Councl Business Meeting ~t i - y , > VOTERS PAMPHLET MEASURE ENDORSEMENT, INFORMATION - - - - - r a - - f t -N! - - - - . . t- F - - _ - v - d' Y < _ - - - - { ,1 1 - f r p - - - - . a: _-t~ F - r- _ a' za'i - - - y r'~,s r ,U" r&=IFS 4 xi~'tfir tx z y _ >i - - - - - - SAS { _ Y _ n a zu xj t I'll .rte" F : r r - P m i { +'t'-a ' T Syr-,m_ - - f- ! _ W~~: n,,, ,.`?'fi~ r;i'`'~' '=t:-peY~'-, -,i ~ ~ "i'k s F ,.1 v = _ s t- e~ t d ;~s a 's 3 k, ;3. - s 4'k' >y5 z. at l v 'x 1 t. i 'r sry P~gSy.X s y~ 1 4'_3'k, . , 4 P i` - - s r F f ; P j't p t . R 4 t , 'fr i 1 '"~..,}'.aa4 'r4 a f -'t,~f~ s R--,°. s. s s - t ,y v - -s - 41 y,rt,'s- v' 4 ~;S u"'i s5' 7`*t`.$ in # t t - - r - i .s- ? <st~->~ rig .3 qi r'F x~x.~x'k;- cfl - h \ . r 1-~ s f-,- r Y_ 1 c ( - .~a 'w C. - - is r - 7 ~k P v,. s 'z~£Y"ikly ¢ ~ ,r ~-.tR t- . : 2 -k41 i- x a s _ t s { - 4y - t ~ R i~ tt; Xectt +n S n " 1- t F - _ k s- s - - tt ? - - a _ ww TM"lo limited i i 3 t'~hheubilc;Meeti(gs Cawr ~uthodzes g~vem fig bodies to meet !n ekecutive se~slon,pn certain of f , ` 4 l t atuattts (SRS (92y660) An "execu„d,+re session" is de't{tied a$ uany meeting or part armeeting ` k'y~ , E ? ' = -11 k ,q , < ;offs governing body , which is closed to,certain persons fdr deiiberatlon on certain matters 4 } _ a Petintssl a Purposes tfor Executive Sessions s ent ublk officers Bann {ogees and agents, '{s 192,66U (2) (a) Empioy_ of _ P € 4 , a X , - ~ if the body has satisfied certain prerequldtes. °yjf 4 192 ~6Q (2) (b) -Discipline of public officers and empioyees (unless affected person request t© t Y Have an openhearlnj} r r ` p$0 {Zj" (c)o,cotuldex lnattecs pertaining to medical staffof al: ublic haspital ` 192:;6$0,(2) (d) f tabor negotiations (Alews media can be ezciuded in this instance ) _ ~ zc 192 660;(2) (e) =sRea1 pro e_t transaction negotiations ' f 5192 660 (2) (f) `Exempt public records to consider records that are `exempt by law, from Lj' M a} ~ ~ I t - public inspection These records are speciflealty identifted to the Oregon t Revised Statutes 1 Q2-b6p (2) (g) Trade negodadons involving matters of trade or commerce'in which the ling with other governing bodies ~P 1: , governing body is;compe g 192,660 (2) (h) lega(counse[ for consultation with course{ concerning legal rights and duties { , j ~ regarding current litigation ot, gadon likely to be AWd 11 ~ f 192.660 (2)(1)i o review and evaluate, pursuant to standards, criteria, and policy directives adopted ,by the,giovem{ng body; the employment related perfoainance of the. , I kj h ~chlef ezecudve officer, a 00 blic officer, employee or staff,m&n r unless the € affected personyequests an open hearing a standards, criteria and policy ? ; - irectives to be. used in evaluating chief execudve'ofticers shall be adopted by - the governing body in rneedngs open,to the public in which :there has been an ment. ? 'opportunity for-publiccoin on negotiations under ORS Chapter 293 rulth 192 660 (2) t1) Public investments to carry s regarding proposed.acquisttion, exchange or - `private'peisflns orbusinesse liquidation of public investment;. 192 660 (2) (k) 'Re{ales to healtti:brofe~ional regulatory board 192 bbp`(ry) Relates"to $tate Landscape ArchitectBoard, 192 660 (2) (m) Relates to the review and'approval of programs relating to security - i - - - - - f 1 _ _ i _ -F k' - - ; - - £ - - - - r yt -i3 I - `"yj } 4 - - Y w ,e - ` "'~?~'~+'ss x" g 'ice -1 i '"t° i - l - _ # - - t srt.`~r"_ s3_~,, #'-~i ta~aC - CITY OF TIGARD Community Development Shaping A Better Con:munin, MEMORANDUM CITY OF TIGARD TO: City Council FROM: Barbara Shields, Long Range Planning Manager DATE: August 18, 2004 SUBJECT: Council Study Session on August 24/ Council Involvement in the Downtown Improvement Plan The objective of this session is to review briefly the Tigard Downtown Improvement Plan work program, the intensive public involvement components, and discuss Council's role in the process. For FY 2004-2005, the City will receive a $127,610 Transportation and Growth Management Grant (TGM) from the Oregon Department of Transportation (ODOT) for the Tigard Downtown Improvement Plan process. The Plan will provide a practical strategy for a community-supported, financially sound downtown improvement effort stimulated by transportation infrastructure improvements. The firm Parametrix is the project consultant. The main objective of this planning effort is to integrate land use, urban design, transportation and economic considerations to create a mixed-use area (Attachment A). Gaining the community support is one of the key-elements of the plan preparation process. The Downtown Task Force will guide the Tigard Improvement Plan through a Community Design Academy. The primary purpose of the Academy is to engage with the community in a cycle of education/community/open house groups (Attachment B). The Design Academy will be supported by both the consultants and city staff. From September 20 through October 22, the Task Force members will seek the community's input on the development of the plan through "community dialogs" with small groups. Each Task Force member is expected to conduct 3-5 community dialog meetings. The information obtained at the dialog meetings will be used to develop a draft downtown plan. We are planning to present the preliminary plan at the Open House in December 2004. The Task Force is compiling a list of potential "community dialog groups" (Attachments C1-C5). The list needs to be finalized by the end of August. During the August 24`h study session, we will be asking for Council's input on the following issues: 1. Are there any additional community groups the Task Force should visit? 2. Would the Council wish to be considered as one of the dialog groups and provide a direct input to the planning process during the upcoming September 21 worksession? :\LRPLMBarbara\TGM\PROGRAM\Aug 24 CC memoSS.doc / Attachment A City of Tigard Downtown Improvement Plan STATEMENT OF WORK Glossary: Agency Oregon Department of Transportation City City of Tigard GIS Geographic Information System ODDA Oregon Downtown Development Association OHP 1999 Oregon Highway Plan OR 99W Oregon Highway 99 West Plan Area An approximate 146-acre site area bound by two state highways (Oregon Highway 99 West and Hall Boulevard) in Downtown Tigard. PMG Project Management Group' TAC Technical Advisory Committee TDIP Tigard Downtown Improvement Plan TDTF Tigard Downtown Task Force TIP Transit Investment Plan TOM Transportation and Growth Management Program TSP Transportation System Plan •RTP Metro 2004 Regional Transportation Plan WOC Work Order Contract I. PROJECT SUMMARY a. Project Description Downtown Tigard is a 146-acre island with a mixture of traditional Main Street uses, light industrial uses, civic uses (including a transit center), and residential buildings. Downtown Tigard is wedged between two state highways and a creek, with a rail line running through its center. The existing transportation grid isolates this urban area from its surrounding community and inhibits pedestrian movement and activity within - as well as to and from - the Tigard downtown area. Unlike other Main Street districts, Downtown Tigard consists of a mix of existing retail and industrial uses with distinctly varying needs and design requirements that have evolved separately since Tigardville was first established on the rail line. As a designated Town Center in Metro's 2040 Growth Concept Plan, downtown Tigard requires a land use and transportation plan consistent with Metro guidelines for town centers. A new library and a future Commuter Rail station will provide public investment in the area. Given downtown Tigard's scale, location, the existing land-use pattern, and the relationship to the state, regional, and local transportation systems, a real opportunityexists to capture the emerging catalyst effect from these projects. This project will result in a Tigard Downtown Improvement Plan (TDIP) and appropriate Comprehensive Plan revisions and Community Development Code amendments to implement the TDIP. The TDIP will provide a practical strategy for a community-supported, financially viable downtown revitalization effort stimulated by transportation infrastructure improvements. This project will examine the ideal mix of uses, functions, and character for the Tigard Town Center. The TDIP will integrate land use, urban design features, and transportation and economic considerations to support a vibrant, compact mixed-use area that supports a multi-modal transportation system and uses land more efficiently. Project Area The TDIP area ("Plan Area") is an approximately 146-acre site. The Plan Area is bound by two state highways (Oregon Highway 99 West (OR 99W) and Hall Boulevard), and the Southern Pacific and Burlington Northern rail lines bisect the Plan Area. The TriMet Tigard Transit Center is adjacent to the rail lines, and the future Commuter Rail station platform. The existing Fanno Creek Trail connects the Plan Area with the Regional Trails System. The existing uses in downtown Tigard include diverse retail, residential, auto-dependent businesses, and large-lot light industrial businesses. The downtown core is surrounded by residential districts and is within walking distance from the existing civic buildings, including City Hall, a Tualatin Valley Fire & Rescue station, and the new library site. Transportation Relationship and Benefits The Plan Area is bound by two state highways (Highway 99W and Hall Boulevard). As part of the Washington County Commuter Rail system, the Plan Area will have a station platform adjacent to the Tigard Transit Center. The funding, construction, and operation of the Commuter Rail line will be the major transit development initiative in the City of Tigard (City). In addition, TriMet named City as a local service focus area in its Transit Investment Plan (TIP). The TIP focuses on key areas where growth and development will create the need for improved transit service over the next five years, and works in partnership with those communities. Lastly, the existing Fanno Creek Trail connects the Plan Area with the Regional Trails System. The Plan Area faces multiple transportation challenges: the proximity of OR 99W and its corresponding traffic issues; a limited street grid; a deficient pedestrian environment; limited circulation; auto-based uses requiring parking spaces; and accommodations for the Commuter Rail service and park and ride. This Transportation and Growth Management (TGM) project allows the City to work on a plan which would convert these multiple transportation challenges to opportunities. This project will focus on the relationship between land use and transportation; specifically, proposing transportation improvements that will not only support the Town Center's future land uses, but enhance the Town Center's multi-modal connectivity and functions. Ultimately, the proposed transportation improvement program will leverage revitalization of the Town Center. b. Problem Statement Land Use Context. The Metro Region 2040 Growth Concept Plan designates Tigard's downtown (the Central Business District) as a Town Center. Metro defines centers as higher density areas Tigard Downtown Improvement Plan 2 of employment and housing that are well served by transit to form compact areas of retail, cultural and recreational activities in a pedestrian-friendly environment. The Plan Area's existing uses include one-story retail, multi-family residential, civic uses, surface parking lots, and large- lot light industrial businesses. These disparate uses and lack of street connectivity in the Plan Area have resulted in separate activity nodes with very different site requirements and activity patterns. The downtown core is surrounded by residential districts and is within walking distance Y via the Fanno Creek Trail to City Hall and the new library site; streetside, the pedestrian environment does not exist to connect these nodes. In summary: The Plan Area includes a mixture of low-density, auto-dependent development along with more traditional main street retail. Presence of light industrial businesses is not typical for traditional downtown development; while viable, these uses are currently non-conforming with the existing central business district zoning. The current street infrastructure and type of land uses creates unconnected activity • nodes with different site requirements and activity patterns. Development densities and types of uses need to be evaluated for the Plan Area's potential to support a high level of efficient transit service and Town Center functional expectations. Transportation Context. The Plan Area is bound by two state highways (OR 99W and Hall Boulevard), which may merit special Oregon Highway Plan designations. The funding, construction, and operation of the Commuter Rail line will be the major transit development initiative in City. In addition, TriMet named City as a local service focus area in its TIP. The TIP focuses on key areas where growth and development will create the need for improved transit service over the next five years, and works in partnership with those communities. Lastly, the existing Fanno Creek Trail connects the Plan Area with the Regional Trails System and residential neighborhoods to the north and south of OR 99W. These opportunities will help the City of Tigard overcome the Plan Area's multiple transportation challenges: the proximity of OR 99W and its corresponding traffic issues; a limited street grid; a deficient pedestrian environment; limited circulation; auto-based uses requiring parking spaces; and the need to accommodate the Commuter Rail service and park and ride. In summary: The presence of the elevated OR 99W impacts the Plan Area both as boundary and by its traffic patterns. The Plan Area has a disparate combination of auto-based existing retail and industrial uses, some of which inhibit pedestrian and vehicular movement and activity. . The Plan Area lacks bike lanes, a continuous sidewalk system, and adequate pedestrian crossings, due partly to different site requirements of the varied land uses. e The Plan Area has limited circulation. The Plan Area is poorly linked to the surrounding areas, except via the state highways (OR 99W and Hall Blvd.), due to a constrained street grid. 3 Tigard Downtown Improvement Plan r • The transit node area, including the existing transit center and the future commuter rail, lacks adequate pedestrian connections with the surrounding residential neighborhoods. • The introduction of Commuter Rail service and a new park and ride will require additional pedestrian and auto safety measures. • Density of development and types of uses need to be evaluated to support a high level of efficient transit service. C. Project Objectives • Examine the appropriate mix of land uses, functions, and character for the Tigard Town Center, and determine the key land use designations and transportation improvements required to achieve this vision. • Produce a downtown redevelopment plan that integrates land use, urban design, transportation and economic considerations to create a vibrant, compact mixed-use area that supports a multi-modal transportation system and uses land more efficiently. • Develop implementation strategies for achieving the Improvement Plan goals that leverage available state, regional and local resources for improvements in the near to mid-term, and propose additional public and market-based implementation mechanisms. • Base the TDIP upon support from Tigard citizens and the business community by building upon previous visioning efforts for the downtown, and actively soliciting broad-based public participation and involvement in the TDIP development. • Promote intergovernmental coordination by incorporating technical guidance from Tigard's state, regional and local government partners. • Comply with and implement state, regional, local plans and policies, including the 2040 Metro Urban Growth Management Functional Plan, the City Transportation System Plan (TSP), 2004 Metro Regional Transportation Plan (RTP), the 1999 Oregon Highway Plan (OHP), and the Metropolitan Housing Rule. • Formulate adoptable Comprehensive Plan revisions and Community Development Code amendments required to implement the TDIP. • Consider the merits of designating a Special Transportation Areas and/or Urban Business Area, on OR 99W and Hall Blvd. adjacent to downtown Tigard, as defined in the OHP, Policy `I B, as well as Metro RTP regional street design designations. • Determine actions to implement the 2040 Regional Non-single occupancy vehicle modal targets for town centers, as stated in 2000 Metro RTP. d. Deliverable Overview 1. Contractor shall submit all Contractor products to the City Project Manager for review • prior to distribution at least one week in advance of any scheduled presentation of the product, either by the Project Manager or Contractor, to the Technical Advisory Tigard Downtown Improvement Plan 4 Committee (TAC) or Tigard Downtown Task Force (TDTF). For Contractor products to be presented to the broader public (i.e. an open house or public workshop) Contractor shall submit products to the Project Manager for review at least two weeks in advance of the event. Contractor shall address any comments and other feedback raised during the staff and public review process with changes incorporated in the final submittal of interim and final products. 2. All products developed as part of this statement of work must use Microsoft Word, and all graphics and maps must be in AutoCAD or compatible format. Maps can be done in ArcView GIS if desired. All maps and graphics can be in color, but must be readable and usable as black and white reproductions. Contractor shall provide the City with one hard copy and an electronic version of all maps, graphics and deliverables. 3. Contractor shall provide one hard copy and an electronic version of all written deliverables to Agency Contract Administrator. Contractor shall provide three hard copies of the final TDIP and an electronic version to Agency Contract Administrator. 4. Contractor shall prepare maps and graphics for meeting presentations at a minimum of 24" by 36" size and mounted on a %I' foam core for ease of display. 5. City shall reproduce and distribute all handout materials for meetings. City shall prepare public meeting notifications, agendas and summaries. 6. All traffic analysis and roadway design work must be done by or under the supervision of an Oregon-registered (Civil or Traffic) professional engineer. II. PROJECT COOPERATION This statement of work describes the responsibilities of all entities involved in this cooperative project. In this Contract the Contractor shall only be responsible for those deliverables assigned to the Contractor. All work assigned to other entities are not bound by this Work Order Contract (WOC), but shall be bound by separate Intergovernmental Agreements which contain the same statement of work found in this WOC. The references to all parties in this statement of work other than the Contractor are merely for informational purposes and are in no way binding, nor are they parties to this WOC. Any tasks or deliverables assigned to a sub-contractor shall be construed as being the responsibility of the Contractor. Any Contractor tasks or deliverables which are contingent upon receiving information, resources, assistance, or cooperation in any way from another entity as described in this statement of work shall be subject to the following guidelines: I.At the first sign of non-cooperation, Contractor shall provide written notice (email acceptable) to Agency Contract Administrator of any deliverables that may be delayed due to Sack of cooperation by other entities referenced in the statement of work. 2. Agency Contract Administrator shall contact the non-cooperative entity/s to discuss the matter and attempt to correct the problem and/or expedite items determined to be delaying Contractor/project. Tigard Downtown Improvement Plan 5 Y' •1 If Contractor has followed the notification process described in item 1, and delinquency of any deliverable is found to be a result of the failure of other referenced entities to provide information, resources, assistance, or cooperation, as described in the statement of work, Contractor will not be found in breach of contract. The Agency Contract Administrator will negotiate with Contractor in the best interest of the State, and may amend the delivery schedule to allow for delinquencies beyond the control of Contractor. III. KEY PERSONNEL Key Personnel. Contractor acknowledges and agrees that Agency selected Contractor, and is entering into this WOC, because of the special qualifications of Contractor's key people. In particular, Agency through this Contract is engaging the expertise, experience, judgment, and personal attention of David Siegel, AICP ("Key Personnel"). Contractor's Key Personnel shall not delegate performance of the management powers and responsibilities he/she is required to provide under this WOC to another (other) Contractor employee(s) without first obtaining the written consent (email acceptable) of Agency. Further, Contractor shall not re-assign or transfer a Key Person to other duties or positions such that a Key Person is no longer available to provide Agency with his/her expertise, experience, judgment, and personal attention, without first obtaining Agency's prior written consent to such re-assignment or transfer. In the event Contractor requests that Agency approve a re-assignment or transfer of a Key Person, Agency shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s) for the a Key Person. Any approved substitute or replacement for a Key Person shall be deemed a Key Person under this WOC. IV. STATEMENT OF WORK AND SCHEDULE TASK 1 Project Management and Public Involvement Objectives • Effectively manage this project within the given resources and timeline • Ensure stakeholder involvement and broad-based public participation in the TDIP development • Ensure intergovernmental participation to ensure compliance with state and regional plans and policies, and coordination with other efforts affecting the TDIP Plan Area Subtasks Prior to project commencement, City shall develop Public Involvement Program to provide effective broad-based public participation.. The City shall Implement program through tasks identified in this statement of work. Prior to project commencement, City shall expand current Tigard Downtown Task Force (Task Force) to provide for increased stakeholder representation as determined by Tigard City Council. Task Force shall provide ongoing oversight and policy direction. Task Force shall act as the citizen advisory committee and will meet eight times during this project, not including additional public workshops. Contractor shall attend all Task Force meetings. City Tigard Downtown Improvement Plan 6 shall develop Task Force roster and confirm membership. City shall manage all meeting logistics: facility arrangements, announcements, reproduction and distribution of materials, agendas and meeting summaries. Project Management Group (PMG) shall manage and assess project work progress, provide general oversight, ensure compliance with TGM requirements, and prepare for public meetings. The PMG must consist of the City Project Manager, Agency Contract Administrator, Contractor, and others as deemed necessary by these parties. The PMG generally will meet at the beginning of each major task (six meeting identified in this statement of work) as determined by the City Project Manager, up to two additional meetings may be scheduled during this project as determined by the City Project Manager and Agency Contract Administrator. City shall develop PMG roster and confirm membership. Kick-off PMG meeting will be held within two weeks of Notice to Proceed. City shall manage all meeting logistics and arrange facility, meeting notification, agendas and summaries. TAC shall provide technical review, facilitate coordination among government agencies and other planning efforts affecting the TDIP study area, and ensure compliance with state and regional plans and policies. The TAC must be composed of representatives from the City, Agency, Metro, Department of Land Conservation and Development, TdMel and Washington County. Through the Metro representative, conflicts or inconsistencies between Metro's OR 217 Corridor Study and TDIP shall be identified. The TAC shall meet four times based upon a schedule determined by the PMG at the project's Kick-off Meeting. Contractor shall attend four TAC meetings. City shall develop TAC roster and confirm membership. City shall manage all meeting logistics: facility arrangements, meeting announcements, agendas, summaries of previous meetings/public events, reproduce and distribute to the TAC in advance of the meetings and summary of TAC meetings. Contractor shall utilize presentation materials and handouts prepared for previous Task Force meetings and public events to present information at the TAC meetings. Contractor deliverables must be in Word and/or Excel format (pdf also acceptable).Geographic Information Systems (GIS) products must be ArcView-based. All drawings shall be done in Adobe Illustrator, MicroStation or AutoCAD. Drawings can be in color, however, they must be legible in black and white. Contractor shall provide to City a hardcopy and electronic copy, of all draft handouts and reports 7-10 days prior to City deadline for reproduction/distribution and final versions three days prior to City deadline for distribution for Task Force, TAC, Community Dialog and Public Open House meetings, and final hardcopy and electronic version 10 days prior to each event. City shall reproduce and distribute all written materials. All traffic analysis must be performed by or under the review of an Oregon-registered professional engineer (Civil or Traffic). Traffic analysis and software (HCS, Synchro, Traffix, etc.) must follow Highway Capacity Manual methods. Region 1 Traffic Unit shall review all traffic deiiverabte.B. City shall act as Project Manager and oversee execution of tasks and deliverables as described in the statement of work. City shall provide Contractor a consolidated review of all Contractor draft written materials. Deliverables City Deliverables (Budget: $5.965) 1.1 Committee Rosters for PMG, and TAC 1.2 Logistics and participation in Kick-off Meeting (PMG#1) 1.3 Bi-monthly status reports ' Contractor Deliverables (Budget: $1.016) 1.1 Participation in Kick-off Meeting (PMG#1) Tigard Downtown Improvement Plan 7 Timeline: Month 1 and throughout project. (Meeting deliverables are listed in subtasks throughout the project.) TASK 2: Review and Document Existing Conditions in the TDIP study area; Identify Opportunities and Constraints Objectives • Define TDIP study area boundary (including a "transition area" for multi-modal transportation and environmental context.) • Establish a guiding framework for the planning effort through review of public policies, plans, regulatory requirements, related studies, and other documents that relate to the TDIP study area. u • Analyze the current densities, economic trends, and demographics of the surrounding area to determine the size and type of town center the TDIP study area can support. • Document existing land use and transportation conditions in the TDIP study area to establish a 2004 baseline and identify key issues and planning implications, i.e., Opportunities and Constraints, specific to the TDIP study area. Subtasks 1. City; Contractor and Agency Contract Administrator shall hold a joint "Discovery Meeting" (PMG#2) to discuss and refine the following: geographic and functional context, existing and future land uses and ped/bike facilities, development and redevelopment opportunities, environmental opportunities and constraints (e.g., wetland, flood plain, Fanno Creek), and study area boundary. The study area boundary must include a "transition area" for consideration of multi-modal transportation links and environmental factors only. City shall schedule the meeting and provide the facility. 2. City shall conduct a Walking Tour of TDIP study area with the TAC, Task Force, and Contractor to expose all members to the TDIP study area's physical environment and Central Business District (CBD) zone boundaries. City shall produce TDIP study area map for the tour and document participants' comments. 3. City shall produce GIS existing conditions maps and provide available data for the following land use and transportation elements within the TDIP study area using available Information from the City's GIS program: zoning, Comprehensive Plan designations, existing land uses, parcel sizes, building footprints, environmental resources, age of structures, non-conforming uses, vacant or underutilized land, existing and planned transportation routes for all modes, and applicable transportation designations. 4. City shall prepare a binder of all existing conditions data collected for Downtown Tigard in 2003. The binder must include summaries of existing conditions in both written and tabular form (where appropriate). City shall give binder to Contractor. Elements must include: a. Policies (identify and summarize local, regional and state public policies and plans-relevant to downtown Tigard) b. Land use (existing land uses, parcel sizes, building size and orientation, environmental resources, age of structures, non-conforming uses, vacant or underutilized land). The summary is intended to characterize prevailing or extraordinary issues in the TDIP study area, not to describe conditions on individual parcels. Tigard Downtown Improvement Plan 8 c. Prevailing architectural and site design elements (number of stories, building materials, fagade treatments of ground floor and upper stories, building heights, orientation of building entrances, and Recommended Design Elements for the Downtown Commuter Rail Station). d. Parking inventory for on- and off- street parking and on-street parking demand (counts, demand, and turnover) e. Demographics (US Census data including age, household size, employment, income) f. Economic conditions (tenant mix, ownership, vacancies, assessed values, and number of employees, land-to-building value ratios) g. Transportation (City of Tigard Transportation System Plan, 2004 Metro Regional Transportation Plan, the 1999 Oregon Highway Plan, existing mode-share data from Metro, Tigard Commuter Rail Traffic Impact Study) 5. Contractor shall conduct an Economic Analysis Study of the TDIP study area and produce a report of their findings. The Economic Analysis Study must assess the current market conditions for office, retail, and industrial businesses, and residential, both in the Downtown and in comparison to appropriate competing markets outside the TDIP study area. The Economic Analysis Study must consider changes that have occurred since the ODDA Resource Team Report for Downtown Tigard (2000), supply/demand characteristics that exist in and affect the TDIP study area, and real estate and demographics trends and forecasts. The study must evaluate the TDIP study area's current and projected market area and the TDIP study area's ability to support different market segments in the near term and the long term. 6. Contractor shall produce a draft Existing Conditions/Opportunities and Constraints Report. Contractor shall address land use and transportation (including parking) existing conditions and policies in the Existing Conditions/Opportunities and Constraints Report. The Existing Conditions/Opportunities and Constraints Report must summarize the existing conditions binder data provided by City, GIS existing conditions map and data layers, vision statements from previous City plans and studies, and identify key issues and planning implications of the opportunities and constraints for each topic area. In the Transportation section, Contractor shall describe the characteristics and criteria for establishing special roadway designations (Special Transportation Area, Urban Business Area, on Hall Blvd, adjacent to Tigard downtown, as defined in the 1999 Oregon Highway Plan, Policy 18; Metro RTP "boulevard" street design standards and boundaries for Hall Blvd. and Pacific Highway-OR 99W; RTP "community boulevard" designation for Main Street, and generally discuss the relationship of these designations to existing and planned land uses. 7. City shall conduct a TAC meeting (TAC #1) to provide review and comment on draft Economic Analysis study, and draft Existing Conditions/Opportunities and Constraints report. Contractor shalt present the reports and record input from TAC members. 8. City shall conduct a Task Force meeting (Task Force #1) to provide review of draft Economic Analysis study, and the draft Existing Conditions/Opportunities and Constraints report. Contractor shall prepare visual aids and summaries of Economic Analysis study and Existing Conditions/Opportunities and Constraints reports to convey information to attendees. Contractor shall present information.and record revisions proposed by Task Force members. 9. Contractor shall produce final Economic Analysis study, and final Existing Conditions/O,oportunit/es and Constraints report that reflects input from TAC and Task Force. Deliverables Tigard Downtown Improvement Plan 9 City Deliverables (Budget: $6.000) 2.1 "Discovery Meeting' (PMG#2): logistics, participation 2.2 Conduct Walking Tour: logistics, handouts, summary of comments 2.3 TRIP study area map 2.4 Land Use and Transportation Existing Conditions GIS Maps and Data Layers 2.5 Existing Conditions Binder 2.6 TAC meeting #1: logistics and facilitation 2.7 Task Force meeting #1: logistics and facilitation 2.8 Consolidated review of draft reports . Contractor Deliverables: `(Budget: $20.300 2.1 "Discovery Meeting' (PMG#2) 2.2 Attendance at Walking Tour 2.3 Draft and Final Economic Analysis Study 2.4 Draft and Final Existing Conditions/Opportunit/es and Constraints Report 2.5 TAC Meeting #1: present reports, lead discussion, record revisions to draft reports. 2.6 Written summaries and visual aids to present Economic Analysis and Existing Conditions/Opportunities and Constraints reports to Task Force 2.7 Task Force Meeting #1:lead discussion, record revisions to draft reports Timeline: Months 2-3 TASK 3: Develop Preliminary Downtown Tigard Design Concept Objectives: • Develop Guiding Principles and Evaluation Criteria that reflect previous visioning work, Downtown Tigard planning documents and existing local and regional policies to guide design concept formation. • Provide Task Force with understanding of land use and transportation planning concepts and terms to prepare them to lead community dialog meetings (with assistance and support from City and Contractor) • Develop a consensus-based Downtown Tigard Design Concept that embodies the Guiding Principles, acknowledges the opportunities and constraints identified in Task 2, and provides a land use and transportation framework for the Downtown Tigard Improvement Plan Establish a solid foundation for community support of the Downtown Tigard Design Concept by providing an engaging process that ensures public participation. • Ensure TAC members are kept informed of community concerns and desires that arise from the public process, and ensure that the resulting design concept is technically . sound. Subtasks I . City shall provide logistics for Project Management Team Meeting #3, which is to coordinate implementation of the following subtasks. City, Agency and Contractor shall participate. 2. Task Force shall develop Guiding Principles and specific Evaluation Criteria during Task Force meeting #2. Guiding Principles must be based on previous visioning work (Tigard Beyond Tomorrow, Downtown Task Force work), and studies (ODDA report, Recommended Design Elements for the Commuter Rail Station), and be consistent with City Comprehensive Plan policies, and regional and state plans and policies. Working from vision statements summarized in Task 2, Contractor shall facilitate the development Tigard Downtown Improvement Plan 10 of the Guiding Principles, and the refinement of these principles into specific Evaluation Criteria to evaluate the iterative, integrated land use and transportation alternatives to be produced in Task 4, Contractor shall produce a memorandum, Guiding Principles and Evaluation Criteria for the Tigard Downtown Improvement Plan. Contractor shall facilitate discussion to propose boundaries for the Tigard Town Center. 3, Contractor shall develop and refine a Downtown Tigard Design Concept supported by the Task Force and community stakeholders that must be included as a criterion for the evaluation of land use and transportation alternatives. The Preliminary Downtown Tigard Design Concept must be based on the Guiding Principles, the previously identified opportunities and constraints, previously adopted plans and the Region 2040 Town Center concepts. The Preliminary Downtown Tigard Design Concept must generally address proposed land uses and zoning (types of uses, mix, densityrintensity), urban design features (such as building setback, number of stories, landscape types, and streetscape designs), parking arrangements, and provisions for alternative modes of transportation and connectivity. 4. Task Force with City shall lead Community Dialog - Session One that must consist of five community dialog meetings (focus group format) throughout the community in small groups or in conjunction with public events (venues to be agreed upon by City and Contractor with Task Force consultation) to provide an opportunity to introduce the project to the community and record comments on the Guiding Principles and Preliminary Downtown Tigard Design Concept. Contractor shall produce written materials on Existing Conditions, Economic Analysis & Opportunities and Constraints that City shall reproduce for distribution at the Community Dialogs. Materials must include fuil.size display maps and reductions, a project fact sheet and report summaries, and comment questionnaires. City shall make meeting arrangements, produce meeting summaries, and invite participants based on stakeholder groups identified by the Task Force. Contractor shall attend each community dialog as a technical resource. 5. Contractor shall produce text and conceptual drawings to illustrate the Preliminary Downtown Tigard Design Concept. The Preliminary Downtown Tigard Design Concept must propose Tigard Downtown Improvement Plan boundaries. The Preliminary Downtown Tigard Design Concept must be based on the outcome of Community Dialogs - Session One, the Guiding Principles, the previously identified Opportunities and Constraints, previously adopted plans, and the Region 2040 Town Center concepts. 6. City shall conduct a second Task Force meeting in order to refine the Preliminary Downtown Tigard Design Concept and obtain input from the Task Force members. Contractor shall facilitate the meeting and revise the Preliminary Downtown Tigard Design Concept based on comments received. Deliverables City Deliverables: (Budget: $6,000) 3.1 PMG Meeting #3: logistics, participation 3.2 Task Force Meeting #2: logistics and facilitation 3.3 Community Dialogs - Session One: logistics, facilitation 3.4 TAC Meeting #2: logistics and facilitation 3.5 Consolidated review of draft reports Contractor Deliverables: (Budget: $16121) 3.1 PMG meeting #3 participation 3.2 Task Force Meeting #2: facilitate discussion 3.3 Draft and final Guiding Principles and Evaluation Criteria Tigard Downtown Improvement Plan I 3.4 Community Dialogs - Session One: written materials and graphics, attend, record comments 3.5 Facilitate TAG Meeting #2: 3.6 Draft and revised Preliminary Downtown Tigard Design Concept, including text and conceptual drawings. Tlmeline: Months 3-5 TASK 4: Develop Land Use and Transportation Alternatives. Refine Preliminary Downtown Tigard Design Concept Objectives Refine the Preliminary Downtown Tigard Design Concept into more specific land use and transportation components to create an Integrated Land Use and Transportation Alternative in three phases: Initial, Refined and Preferred - that reflect the Guiding Principles and project goals and objectives. • Each alternative phase shall be prepared drawing on the Contractor's professional expertise, technical expertise of the TAC, and the Task Force's everyday knowledge of the TDiP study area. • Hold an interactive community workshop to take comments on the initial Land Use and Transportation Alternative. • Conduct Community Dialog - Session Two to take public comment on the Refined Land Use and Transportation Altemative. • Hold an interactive Task Force meeting to prepare the Final Land Use and Transportation Alternative based on public input. Subtasks 1. Two PMG meetings (PMG #4 and #5) must be held during this Task to coordinate the work. City shall provide logistics. 2. Contractor shalt develop the Initial Land Use and Transportation Alternative - an integrated land use and transportation plan that reflects the deliverables from Tasks 2 and 3 and refines the Preliminary Downtown Tigard Design Concept. The Initial Land Use and Transportation Alternative must provide a range of options for TAG and Task Force review, and must address land uses, density, zoning, streetscape design and urban design. Contractor shall produce text, maps and drawings to explain and illustrate the alternative. The land use alternatives must consider the relationship to the Preliminary Downtown Tigard Design Concept and the transportation alternatives and network; and evaluate the feasibility of implementation. 3. Transportation elements must consider the application of special OHP and Metro designations to TDIP study area roadways as appropriate based on land use alternatives. The transportation alternatives must provide a range of options for TAG and Task Force review, and must address all modes, circulation, connectivity, parking, and street design standards. The Initial Land Use and Transportation Alternative must Include explanatory text, maps and drawings; must consider the relationship to the Guiding Principles and regional policy objectives; and feasibility of implementation. 4. City shall provide logistics and facilitate Task Force Meeting #3, which must be held to consider TAG comments and public comments from Community Dialog - Session One,. Contractor shall present a summary of comments and lead a discussion of each Land Use and Transportation Alternative based on the Evaluation Criteria in order to capture proposed revisions to the land use and transportation alternative. Tigard Downtown Improvement Plan 12 5. Contractor shall facilitate an interactive Community Workshop to educate, inform and involve the stakeholders and the public on the Initial Land Use and Transportation Alternative. City shall provide meeting room and logistics, provide notification and invite interested parties, reproduce handouts, assist with facilitation, and provide summary of comments received. Contractor shall prepare presentations, graphics, maps and other meeting materials required to achieve the Community Workshop's objectives. 8. City shall provide logistics and facilitate Task Force Meeting #4, at which City and Contractor shall conduct an interactive debriefing to compile input from the community workshop. The primary purpose of the meeting is to generate the basic approach for developing the Refined Land Use and Transportation Alternative based on the public input received. 7. Contractor shall conduct a qualitative transportation assessment of both the Initial and Refined Land Use and Transportation Alternative to ensure overall transportation system viability. Assessment must include recommendations to maintain multi-modal safety and connectivity, intersection functionality, sound travel lane configurations, streetscape design and access control. Contractor shall prepare a transportation technical memorandum summarizing analysis conducted for both the Initial and Refined Land Use Alternatives to be reviewed by the TAC. 8. Contractor shall present the Refined Land Use and Transportation Alternative at TAC Meeting #3 for preliminary evaluation, including draft graphics and diagrams. Using the evaluation criteria, City and TAC shall assess each alternative and provide technical feedback to Contractor to make refinements prior to Task Force meeting. Contractor shall refine alternatives based on TAC comment and update graphics and diagrams accordingly. 9. Task Force with City shall lead Community Dialog - Session Two must consist of five community dialog meetings throughout the community in small groups (i.e., coffee talk style) or in conjunction with public events to provide an opportunity to discuss the Refined Land Use and Transportation Alternative with targeted groups (venues to be agreed upon by City and Contractor with Task Force consultation). City shall make meeting arrangements, reproduce meeting handouts and summaries, and invite previous public meeting participants (including Community Dialog Session One participants) to obtain their comments on both land use and the transportation alternatives. Contractor shall produce handout materials and attend dialogs as a technical resource. Handout materials must include full size display maps and reductions, project fact sheet, report summaries, and comment questionnaires. 10. City shall provide logistics and facilitate Task Force Meeting #5, at which City and Contractor shall conduct an interactive debriefing to compile information from the community dialog meetings primary purpose of the meeting shall be to generate the basic approach for developing the Preferred Land Use and Transportation Alternative based on public input. 11. Contractor shall evaluate transportation performance for the baseline case (existing and 2025) and for Preferred Land Use and Transportation Alternative. Modeling must be done using Metro's EMME2 model, and results must be expressed as volume to capacity ratios, post-processed using the National Cooperative Highway Research Program Report 255 process. Contractor shall document modeling results in a traffic analysis technical memorandum. 12. Contractor shall produce Downtown Tigard Design Concept Plan document. Elements must include: refined Downtown Tigard Design Concept, Preferred Land Use and Transportation Alternative and transportation modeling. Downtown Tigard Design Concept Plan must include diagrams prepared for Task Force. Text must support the Tigard Downtown Improvement Plan 13 lfi~ diagrams, and provide an overview of the key land use, zoning, transportation, and market characteristics of the Downtown Tigard Design Concept. 13. Contractor shall produce Tigard Downtown Improvement Plan Poster depicting the Preferred Land Use and Transportation Alternative, Design Concept and five to ten perspective illustrations. Poster will be used for Open House and City Council/Planning Commission meetings in following task to graphically convey Task Force's work. City shall reproduce and distribute poster. Deliverables City Deliverables: (Budget: $10.0001 4.1 Community Dialogs - Session Two: logistics, attendance, summary of comments 4.2 Community Workshop: logistics, co-facilitation, summary of comments 4.3 Task Force meetings #3, 4 and 5: logistics, facilitation 4.4 PMG meeting # 4 and 5: logistics, participation 4.5 TAC meeting #3: logistics and facilitation 4.6 Consolidated review of draft reports 4.7 Reproduction and distribution of Tigard Downtown Improvement Plan Poster Contractor Deliverables: (Budget: $58.5551 4.1 Initial, Refined and Preferred Land Use and Transportation Alternatives 4.2 Transportation analysis technical memorandum 4.3 Community Workshop: presentations, co-facilitation, graphics, maps and written materials 4.4 Community Dialogs - Session Two (5 meetings): written materials and graphics, attend, 4.5 Tigard Downtown Design Concept plan document 4.6 Tigard Downtown Improvement Plan Poster - electronic (Adobe Acrobat pdQ two-sided, 24'x36' color depicting the Preferred Land Use and Transportation Alternative, Design Concept and up to ten perspective illustrations. 4.7 Task Force Meetings #3, 4 and 5: presentations, facilitate discussion 4.8 PMG meeting # 4 and 5 participation 4.9 TAC meeting #3: presentation, facilitate discussions Timeline: Months: 6-8 TASK 5: Develop and Recommend implementation Strategies. Prepare Tigard Downtown improvement Plan. Objectives • Develop realistic short-term and medium-term strategies to implement the Tigard Downtown Design Concept, identifying timelines, costs and implementers. Integrate the implementation strategies and the Tigard Downtown Design Concept into Proposed and Recommended Tigard Downtown Improvement Plan documents that allow the community and local officials to easily understand the vision, concept, and implementation strategies. • Address local and regional policy objectives through amendments to the City Comprehensive Plan and zoning code, where appropriate. • Following conclusion of this Project, City shall advance the Recommended Tigard Downtown,improvement Plan and associated City Comprehensive Plan and zoning code amendments to the Tigard City Council for adoption. Tigard Downtown Improvement Plan 14 Subtasks 1. PMG Meeting #6 shall be held to coordinate the work in Task S. City shall provide logistics; 2. Contractor shall develop short- and medium-term strategies for Implementation of the Tigard Downtown Design Concept and its preferred land use and transportation alternative Including cost estimates, phasing and funding strategies. The implementation strategy must identify and recommend economic strategies appropriate for the TDIP Study Area to support redevelopment and infill strategies which must address actions for achieving mode-split targets for town centers as stated in the Metro RTP; access management, parking ratios and design; any OHP and Metro RTP facility designations merited for the TDIP Study Area. 3. City shall provide logistics and facilitation for Task Force meeting #6. Contractor shall prepare a memorandum on draft Implementation strategies and present to the Task Force. 4. Contractor shall produce a memorandum of concept level recommendations for City Comprehensive Plan and Zoning Ordinance revisions needed to implement the Tigard Downtown Design Concept, including design standards and design review guidelines. City shall prepare text language for recommended Comprehensive Plan and Zoning Ordinance revisions (outside of this project). 5. Contractor shall prepare a Proposed Tigard Downtown Improvement Plan, with the following components: a) Land use and urban design (description and graphic presentation) b) Concept level recommendations for City Comprehensive Plan and Zoning Ordinance revisions c) Proposed Transportation System Plan amendments, if applicable d) Cost estimates, phasing and funding recommendations for public improvements. e) Implementation strategies including proposed Highway segment and Metro Street design designations and the identification of transportation projects not in the adopted RTP. Contractor shall finalize recommendations for phasing and funding strategies with the Task Force during a Task Force meeting. 6. City shall provide logistics and facilitation for TAC meeting #4 and Task Force meeting #7 at which Contractor shall present the Draft Tigard Downtown Improvement Plan. City shall provide meeting logistics, announcement, agenda and summary. 7. Contractor shall conduct Community Open House to obtain public comment needed to refine the Proposed Tigard Downtown Improvement Plan and to address implementation and public investment strategies to support redevelopment and infill in the TDIP study area. Contractor shall prepare presentations, graphics, maps and other written materials necessary to achieve the Community Open House's objectives. City shall provide meeting logistics and staff support. 8. City shall coordinate a joint Planning Commission-City Council work session. City shall produce agenda, meeting logistics, reproduction/distribution of materials and attend the session. Contractor shall present the Draft Tigard Downtown Improvement Plan. 9. Contractor shall prepare a draft Recommended Tigard Downtown Improvement Plan based on comments from the public, TAC, Task Force, Planning Commission, and the City Council. 10. City shall provide logistics and facilitate Task Force meeting #8 to review and finalize the Recommended Tigard Downtown Improvement Plan. Contractor shall attend to provide technical assistance for discussion. Contractor shall produce final Recommended Tigard Downtown Improvement Plan document. Tigard Downtown Improvement Plan 15 Following conclusion of Project, City shall produce Comprehensive Plan and Zoning Code amendments, and complete Tigard Downtown Improvement Plan adoption process by Planning Commission and City Council. Deliverables City Deliverables- (Budget: $6,0001 5.1 Community Open House: logistics, staffing 5.2 Consolidated comments on recommended Comprehensive Plan and code revisions 5.3 Task Force Meetings #6: logistics and facilitation 5.4 Task Force Meeting #7: logistics and facilitation 5.5 Task Force Meeting #8: logistics and facilitation 5.6 TAC meeting A, logistics and facilitation 5.7 PMG meeting #6: logistics, participation 5.8 Joint Planning Commission/City Council work session: logistics, notification, reproduce materials, agenda, summary Contractor Deliverables: (Budget: $31.618 5.1 Proposed and Recommended Downtown Tigard Improvement Plan 5.2 Conduct Community Open House: presentations, graphics, maps and written materials 5.3 Joint Planning Commission-City Council work session - present summary of TDIP. 5.4 Task Force Meetings #6: draft implementation strategies memorandum and presentation 5.5 Task Force Meeting #7 - present Draft TDIP 5.6 Task Force Meeting #8 - provide technical assistance for discussion of Recommended TDIP. 5.7 TAC meeting #4: Attend, present summary of Recommended TDIP 5.8 Participate in PMG meeting #6 Timeline: Months 9-11 Tigard Downtown Improvement Plan 16 , V. CONTRACT BUDGET Budgets for Contractor work are fixed amounts and generally deliverable-based. Amounts for grantee-prepared work are estimates based on time and materials. Below is a project budget summary, including City cost estimates. City Personnel Hours Pa Rate Cost Project Manager 309 $45. $13,905 Assoc. Planner 477 $30 $14,310 Assoc. Planner: GIS Specialist 100 $30 $3,000 City Engineer 50 $55 $2,750 ESTIMATED PROJECT BUDGET Contractor ITGM Ci Match Total Grant Amount Task 1- Project 1,016 5,965 $6,981 Management & Public involvement 6,000 $26,300 Task 2 -Existing Conditions/ Opportunities 20,300 & Constraints 6,000 $22,121 Task 3 Preliminary Downtown Tigard Design 16,121 Conte t4 - 10,000 $68,555 Task Land Useand Transportation, 58,555 Alternatives. Final Downtown Tigard Concept Plan 6,000 $37,618 Task 5- Implementation Strategies, Tigard 31,618 Improvement Plan Subtotal 127,610 33,965 161,575 Cit :Est. Direct Ex nses 15,000 15,000 TOTAL $127,610 $48,965 $176,575 Tigard Downtown Improvement Plan 17 BUDGET SUMMARY Total grant amount: $127,610 Consultant amount 127,610 Grantee Match 47,960 Total Project 175,570 CONTRACTOR BUDGET BREAKDOWN Deliverable Task Task Description Budget TASK 1 Project Mana lament & Public Involvement $1,016 1.1 Partici anon in Kick-Off Meeting PMG #1 $1,016 TASK 2 Existing Conditions/ O ortunities & Constraints $20,300 2.1 Discovery Meeting PMG#2 $2,400 2.2 Waiki§FTinal our $1,682 2.3 Draft Economic Anal sis Stud $2,400 2.4 Draft Final Existing Conditions / Opportunities & $7,033 Constraints Report 2.5 TAG Meeting #1 $761 2.6 Written summaries and visual aids for presentations $3,423 2.7 Task Force Meeting 01 $2,601 TASK 3 Preliminary Downtown Ti and Design Concept $16,121 3.1 PMG Meeting #3 $761 $2 61 3.2 Task Force Meetin #2 3.3 Draft & Final Guiding Principles, Evaluation Criteria & $2,544 Vision 3.4 Community Dialogs s 5 $2,239 3.5 TAG Meeti n #2 $454 3.6 Draft & Revised Preliminary Downtown Tigard Design $7,519 Concept - text and drawin s TASK 4 Land Use and Transportation Alternatives. Final $58,555 Downtown Ti and Conce t Plan 4.1 initial, Refined and Preferred Land Use & $25,117 Trans ortation Altematiive 4.2 Transportation Technical Memorandum $4,037 4.3 Community Worksho $2 689 4.4 Communi Dialogs 5 4.5 Ti and Downtown Design Concept plan document $11,000 4.6 Tigard Downtown Im rovement Plan Poster $3,500 4.7 Task Force Meetings 93,_4. 5 $6,300 4.8 PMG Meeting #4 and 5 $1,420 4.9 TAC Meeting #3 $454 TASK 5 Im lamentation Strata fes,?i and Im rovement Plan $31,618 5.1 Proposed and Recommended Downtown Tigard $22,503 im rovement Plan 5.2 Commun' 0 en House $4.242 5.3 Joint Planning Commission - City Council Work $1,068 Session Tigard Downtown Improvement Plan 18 A `t 5.4 Task Force Meeting #6 - Implementation Strategies $761 5.5 Task Force Meeting #7 - Draft TDIP $761 5.6 Task Force Meeting #8 - Recommended TDIP $761 5.7 TAC Meeting #4 $761 5.8 PMG Meeting #6 $761 TOTAL $127,610 Tigard Downtown Improvement Plan 19 T NT T G M ~ G R A N T Meeting Schedule A d o p t i o n Jul Au Se Oct. Nov. Dec Jan. Feb March Aril May June Jul Au Task 2 _ TFO Overview, meet consull:ant, process. TFO c• Design 101/Guiding Principles TFt Existing Conditions, Opp.Con, Guiding Principles TF1 19 , LL Task 3 TF2 Design Academy Prep/Design Concept TF2 ' 4y; ~ CDi Community Dialo, TF3 Debrief on CD, Prelim Alternative TF3 Task 4 W1 workshop #1 W1 T TFS x +±s, TR Debrief mtg; refine alternatives r CD2 Community Diaia s CD2 1`I i 9 2f1` TF5 Debrief/Preferred Alt. TF6 `tom Task 5 TF6 Phasing/Funding Strategies TF7 Open House OHt TF7 Review Draft Plan TF8 Finalize Plan TF9 City Council/PC Woftession CCPC Ir1OA110 O It YO N IMPROVIEMENY PLAN _Wcorkficow ® r E market reality decision-maker aN AMLAC®(VG "T®Un Fr- X®S'''FIM4S CO1~l®0"II'®®IVS !~C®BeD®11iABC AMALYS@S ®.p19®R'Q'l.8!!!®~'BIES ~ C®I~BS-~6ZABRV"®'S C-~) 'Cs t.9®®®~i~s P9Z®~0C®PLES 8. V®S®®P! TASK ®ES®GBeI C®NCEP'~' ®9~B®'~®/asL AL'0'EB2Nr~ TASIC f{~ .(ER.c GOV ,rTER4 'i_'1 1 ,~6R'QO ~j oJX~ 'j F Cfrr { ~4 T F r-,3 S3: T F ®E31GN ACADEiVBY P Ca TS F Wc~ >':CgoP P G T D®AL®C P ~ TAC -rA TASK G~CO q L~iJO ~ C~10 ~ e` Attachment C-1 Community Dialogues - Set #1 City of Tigard Boards and Committees Group TF Contact Event Meeting Dates hype Library. Board Park and Recreation Advisory Board* Planned Development Review Committee Planning Commission* Transportation Financial Strategies Tree Board* Committee for Citizen Involvement Skate Park Task Force see outh * Youth Advisory Council (see Youth i Attachment C-2 Community Dialogues - Set #1 Other Groups and Events Group TF Contact Event Meeting Dates type Downtown Business/Property Owners Downtown Customers North side of Commercial Street Transit Users Cruisin at the Booth/table Sept. 18 Tigard Blast Library Users Attachment C-3 Community Dialogues - Set #1 School Connections - Parents, Youth Group TF Contact Event type Meeting Dates Tigard High Athletic Boosters Tigard High Support Organization Tigard Recreation Association Tigard Skate Park Task Force Tigard Youth Advisory Council Hazelbrook Middle School (in Tualatin CF Tigard Elementary Durham Elementary Twality Middle School James Templeton Elementary Fowler Middle School Mary Woodward Elementary Metzger Elementary Gaarde Christian St. Anthony Attachment C-4 Community Dialogues - Set #1 Community Groups - Neighborhood Organizations Group TF Contact Event Meeting Dates type Downtown Nei hbors CP04B* CP04M* Summerfield Civic sociation nita EOOAA AIHOA ia doColony Creek HOA Eagle Point HOA Mallard Lakes HOA Mountain Gate HOA Scholls Village HOA Summerlake HOA Attachment C-5 k Community Dialogues - Set #1 Community Groups - Service Organizations Group TF Contact Event type Meeting Dates Tigard Lions Club Tigard Breakfast Rotary* Knights of Columbus* American Legion* Tigard Kiwanis* Chamber of Commerce* TCBDA Noon Rotary* Optimists Tigard Grange Tigard Orehomah Lodge Masonic Lodge #207 League of Women Voters Senior Center. Tigard Area Historical and Preservation Society Tigard Art Club TF presentation in Spring J MEMORANDUM CITY OF TIGARD, OREGON TO: The Honorable Mayor and City Council FROM: Jane McGarvin, Deputy City Recorder DATE: August 23, 2004 SUBJECT: Procedure to Submit Measure Enlement in County Voter's Pamphlet If the Council as individuals or as a group wished to submit an argument relating to a ballot measure for the County Voter's Pamphlet for the November 2004 election, the deadline to submit a statement or endorsement is September 7, 1004 and the cost is $350, which is based on size of the district. The statement and fees are to be submitted to the Washington County Elections Office, 3700 SW Murray Blvd., Suite 101, in Beaverton. NOTE: The fee can be waived if you do a petition, getting 4% of the district electors, which in Tigard would be 897 valid signatures. Signatures are required to be verified before submitting the Argument Statement. Attached is a copy of the Washington County form that is required to be attached to the Measure Argument statement. City staff would be unable to assist you in preparing the statement on City work time or using City facilities or equipment. Employees are not prohibited from doing work on their own time using their own personal computers. Please call me at 503-639-4171, Ext. 2410 if you have questions. HA0&2304 Procedure re Measure Endorsement.doc i r WCED VP1 03/02 MEASURE ARGUMENT FOR COUNTY VOTERS' PAMPHLET Election Date: Ballot Measure Number: ❑ Argument For ❑ Argument Against District Name Filing by Petition: Filing by Fee based on district This Information Furnished By (as it should appear in the electoral size: county voters' pamphlet): ❑ 4% of district electors ❑ $100.00 -less than 1000 Name of Person: ❑ 1000 signatures ❑ $200.00 - 1000 to 9,999 (Note - signatures must be Name of Organization Person Represents, if applicable: verified before the filing of an ❑ $350.00 -10,000 to 49,999 Argument Statement) ❑ $400.00 - 50,000 and over Name of Contact Person for argument information: Argument Paid for by: (name and address) Telephone number: By signing this document, I hereby state that I am the author of this argument (ORS 251.265). Signature ofperson furnishing argument (same as person listed in "This information furnished by" box). Date: Telephone: Attached is the following information: ❑ Measure Argument, typewritten on standard white paper. e ❑ Statement(s) of Endorsement, if applicable (number filed: ) Note: Language which violates any provision of ORS 251.049 or 251.055 may be excluded from the Voters' Pamphlet. Instructions Total word count must not exceed 325 words. Elections office has the discretion to edit the argument to ensure compliance. Elections office will not correct spelling, grammar or punctuation errors. Arguments `For' will appear before Arguments `Against'. Arguments will be placed in the voters' pamphlet based on the order received by date and time. Arguments shall consist of words and numbers only; charts, graphics or pictures may not be used. e Argument text will not vary in font size; Bold, underline and italics will be accepted. AGENDA ITEM NO.3 - VISITOR'S AGENDA DATE : August 24, 2004 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED 6o&A S - L t49 L 094 i so awl Lin ~T b12 9:-224 10 5w LT1--R 1410} 51 t~ -01 13-~Y 9 Sub i ryyv S VISITOR'S AGENDA Page 1 AGENDA ITEM # 3.1 FOR AGENDA OF 8/24/04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE ODOT Transportation Enhancement Anolication PREPARED BY: D. Roberts/D. Plaza DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council authorize the City Manager to submit to ODOT an application for federal aid available through the Transportation Enhancement program as a means of providing needed funding for the construction of the Woodard Park/Grant Avenue Fanno Creek Trail section? STAFF RECOMMENDATION Adopt the resolution authorizing the City Manager to submit the Transportation Enhancement application. INFORMATION SUMMARY ODOT is accepting applications for Transportation Enhancement (TE) program funding assistance for Fiscal Year 2007/08. The TE program provides federal highway funds for projects that strengthen the cultural, aesthetic, or environmental value of the transportation system. Typical projects include sidewalk and streetscape construction, bike lanes and shared-use paths, and viewpoints and interpretive sites. The minimum TE award is $200,000. The City project includes the completion of the Woodard Park/Grant Avenue segment of the Fanno Creek Trail. A copy of the completed application has been forwarded to the Finance Department for financial review. A copy of the complete project proposal is available in the City Recorder's Office. OTHER ALTERNATIVES CONSIDERED Do not apply for the grant funds. Adopt a revised resolution. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The proposed sidewalk infill project supports Transportation and Traffic Goal #3, which states that "Alternative modes of transportation are available and use is maximized." ATTACHMENT LIST Attachment #1: "A Resolution Authorizing the Submittal to the Oregon Department of Transportation." Attachment #2: "Vicinity Map" FISCAL NOTES The cost of the trail project is estimated at $480,000. A City in-kind contribution of $55,000, plus $50,000 in hard dollars is proposed. This amounts to 22% of the total project cost. According to the application materials, the minimum local match is 10%. The grant amount requested is $375,000. GEOGRAPHIC INFORMATION STSTEM y VICINITY MAP m NN 9a C7 = m y P Project Site o ~y r NORTH DAKOTA Fanno Creek Q~~O~y CQF~cNe~ QPG\F~G °z Parks m wq N co~~ Rc Tualatin River 5G LNU o FRc~ City of Tigard WALN T DAR7M TH Main Roads s 'A,iy rrFR a~~ N N .r~~ ~'W G O n QPG`Q\ > Z 2 ` BULL M K BONITA n rn n Project Site ~~e< z3 U DURHAM DURHAM e 0 2000 4000 6000 Feet q' 1"- 4000 feet g Apt City of Tigard I • V Proposed Fanno Creek Trail Information on this map is for general location only and ; . should be ved6ad..;m the Oeveloprlern services Division. ` t 13125 SW Hall Blvd l: Tiga d, OR 97223 (503) 6796171 nttpY/-ci.tigard -la Community Development Plot date: Feb 6, 2001; IAgis\jo\duane\fanno trl.apr AGENDA ITEM # 0- FOR AGENDA OF 8/24/04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE DUST Qmh=tion Bid Award r PREPARED BY: Loreen Mills T HEAD OK CITY MGR OK LAII~- ISSUE BEFORE THE COUNCIL Should the Local Contract Review Board (LCRB) award a contract for remodel construction services for the Permit Center (old library) and City Hall buildings? STAFF RECOMMENDATION Staff recommends that the LCRB, by motion, award the bid to Centrex Construction, Inc. for the remodel construction of the Permit Center and City Hall buildings in the amount of $1,007,100 which includes bid options 1 and 3 and authorize the City Manager to enter into a contract for these services. INFORMATION SUMMARY The City Hall complex was built in 1986 and was expected to accommodate the City's Library needs for 10 years. In the years since 1986, Tigard's population has increased over 80 percent, while the Library's circulation has increased well over 331 percent. Since expanding the present building wasn't feasible to meet the Library's needs for the next 20 years, the citizens of Tigard approved a bond measure to construct a new Library at another site. The new Library is now finished and opened for public use. As part of the Library bond measure process, the City assured citizens that the existing Library and City Hall buildings would be remodeled to accommodate the programming needs of the administrative departments of the City for the next 10 years. The City developed a staff team to review efficient and cost effective space use options, coordinate the relocation of City staff into the remodeled buildings and provide recommendations regarding these activities to the City Manager. The City Manager has provided final approval and direction for space remodel based on the detailed space design and remodel construction plans developed by LRS Architects this year. The City Council has continued to review the remodel plan over the last few years by receiving updates from staff, each year approving the 5-year capital improvement program and adopting the City's budget which set aside funds for the remodel project. Bids were duly advertised and then opened for the remodel construction of the Permit Center (old library) and City Hall buildings on Tuesday, August 3`d. There were six bidders and the bid results are attached to this summary sheet. You will note that there were three alternate bid options and the City's Architect, LRS recommends Option 1 (acoustical ceiling areas in the Permit Center open office space) and Option 3 (casework in the Permit Center) be included in the bid award. Since steel prices have been skyrocketing, bid alternative 2 had been included in case wood stud framing in lieu of metal framing would be a more cost effective method of construction. Since it did not result in a lower bid price, that option is not being recommended. LRS Architects bid estimate was set at $1.2 million and the bids (including alternate bid options 1 and 3) came in below this amount. There was about a 10% spread between the high and low bids. References for Centrex Construction, Inc. have stated the firm does excellent quality work with their construction projects being on schedule and within budget. It is also exciting to anticipate working with a Tigard-based firm! OTHER ALTERNATIVES CONSIDERED Award bid to apparent low bidder, Centrex Construction, Inc., 8250 SW Hunziker, Tigard, Oregon. Determine that the project should not be done at this time and reject all bids. Provide staff with further direction. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The vision identifies "adequate facilities are available for efficient delivery of life-long learning and programs and services for all ages." That goal identified by Tigard's citizens resulted in the construction of a new library. At the time the new library bond was passed by Tigard voters, the City made the commitment that the existing Library and City Hall buildings would be remodeled to accommodate the programming needs of the administrative departments of the City for the next 10 years. ATTACHMENT LIST Bidder list in order of low to high bid. DUST remodel expenditure plan. FISCAL NOTES Funds are budgeted in the 200405 FY budget. The construction bid of $1,007,100 + $60,400 which is a City initiated contingency of 6% to cover the City Hall counter modification to comply with Federal ADA accessibility guidelines (which is not currently in the bid packet) and any unforeseen expenditures occurring during remodel construction are well within the budget. However, as Council was advised during a briefing on 6/15/04, before the Library moved from its hold location the electrical panel caught on fire. This will require the Permit Center to have new electrical service. This unexpected turn of events has increased the cost of the construction by about $75,000. A breakdown of the expenditure plan is attached and shows that the budgeted amount of $1.1 million is anticipated to be a little low to cover the remodel construction including the new electrical service and other related costs for the project. At this time, there are sufficient funds to award this remodel construction bid. Staff will come back to Council within the next few weeks to request a budget amendment to appropriate CIP contingency to complete the project once the final associated cost estimates are known. Record of Bid Opening ITB TITLE: Permit Center and City Hall Remodel DUEDATE & TM: Tuesday August 3.2004.2:00 P1Nd BIDS LISTED IN ORDER OF APPARENT LOW TO APPARENT HIGH BID. Y 1 ;titja wt ahtixt~ aws Submittid Base: $972.,000 Centrex Construction, Inc. $1,007,100 Alt. l: + 72000 8250 SW Hunziker Alt. 2: + $6,000 Tigard, OR 97223 Alt. 3:+ $3,100 Base: $1,035,,793 Construction Services, Inc. $1,062,428 aAlt. s 1: + 0 3 98 P.O. Box 25531 Alt. 2: + $2,000 Portland, OR 97298 Alt 3: + $2,837 R.B. & G. Construction Base: $1,037,000 P. 0. Box 474 $1,074,500 Alt. l: + $34,000 Alt. 2: - $2,000 Molalla, OR 97038 Alt. 3: + $3,500 J. T. Stephens Construction Co. Base: $1,046,900 0 1547 Court Street, NE $1,086,400 Alt. : Alt. + 2: $36,200 Salem, OR 97301 Alt 3: + $3,300 Base: $1,063.000 Skyward Construction, Inc. 15908 NE 10 Avenue $1,101,900 Alt.:: + $35,500 Ridgefield, WA 98642 Alt. : + 0 35,5 Alt. 3: + $3,400 Base: $1,071,000 Nomarc°' Inc' 4066 Elliott Prairie Road, NE $1,121,000 Alt 1: + $47,000 S. Alt. 2: + $5,000 Woodburn, OR 97071 Alt. 3: + $3,000 Bid Alternate #1 will be modified/negotiated after bid award to determine a less expensive way to provide acoustical buffering in the Permit Center building. Bid Alternates: #1- Acoustical ceiling areas in Permit Center open office space #2 - Provide wood stud framing in lieu of metal framing #3 -Provide casework in HR/Risk DUST PROJECT EXPENDITURE ALLOCATION PLAN FOR CIP BUDGET Account# 300-6100.750043 Prepared by Loreen Mills - 8/10/04 REMODEL CONSTRUCTION - CENTREX BID AWARD $1,007,100 Centrex Construction, Inc. bid award 6% of bid for City Hall counter ADA modification M9,400 & unforeseen remodel costs 0 Total allocation for remodel construction not to exceed $1,067.50 ASSOCIATED REMODEL COSTS NOT INCLUDED IN CONSTRUCTION COSTS ABOVE Land Use Minor Modification filing fee $ $450 ,025 Building permits Moving contractor for Permit Center & City Hall relocations * $17,000 Additional office partitions 500 Signage both buildings inside and out $1, $$1,000 Network hardware for Permit Center High density shelving unit - modified to hold files rather * $6,000 than library materials $8=00 Allocation for associated costs 1152 TOTAL ALLOCATION FOR RENOVATION $1,100,000 TOTAL BUDGET FOR RENOVATION IN CIP BUDGET LAB UD FROM CONTINGENCY IS ESTIMATED TO BE $52,475 OR JDGET AS OF 8/10/04. TALP R03ECT Bf 1 NOTE * = estimated costs at this time Total of 96 FTE will be in City Hall & Permit Center @ move in Record of Bid Opening TTB TITLE: Permit Center and City Hall Remodel DUEDATE & TIME: Tuesda An ust 3 2004 2:00 PM BIDS LISTED IN ORDER OF APPARENT LOW TO APPARENT HIGH BID. Con~p~.aca~; dclre~s . Ic #2 4letre~i Base: $972,000 Centrex Construction, Inc. $1,007,100 Alt. 1 0 8250 SW Hunziker Alt. 2: + $6,000 Tigard, OR 97223 Alt. 3: + $3,100 Rase- 1,035,793 Construction Services, Inc. $1,062,428 Alt. l: + $23,798 P.O. Box 25531 Alt. 2: + $2,000 Portland, OR 97298 Alt 3: + $2,837 Base: $1037,000 R.B. & G. Construction $1,074,500 Alt. 1: + $34,000 P. 0. Box 474 Alt. 2: - $2,000 Molalla, OR 97038 Alt. 3: + $3,500 Base: $ 1,046 _00 J T Stephens Construction Co. $1,086,400 Alt. l: + $36,200 1547 Court Street, NE Alt. 2: $0 Salem, OR 97301 Alt 3: + $3,300 Base:Alt$1,063000 Skyward Construction, Inc. $1,101,900 . l: + $35,500 15908 NE 10 Avenue Alt. 2: + $6,000 Ridgefield, WA 98642 Alt. 3: + $3,400 Base: $1,071,000 Nomarco, Inc. $1,121,000 it 1: + $47,000 4066 S. Elliott Prairie Road, NE Alt. 2: + $5,000 Woodburn, OR 97071 Alt. 3: +$3,000 * = Bid Alternate #1 will be modified/negotiated after bid award to determine a less expensive way to provide acoustical buffering in the Permit Center building. Bid Alternates: #1 Acoustical ceiling areas in Permit Center open office space #2 - Provide wood stud framing in lieu of metal framing #3 - Provide casework in IUMsk DUST PROJECT EXPENDITURE ALLOCATION oPLAN FOR CIP BUDGET Account# Prepared by Loreen Mills - 8/10/04 REMODEL CONSTRUCTION CENTREX BID AWARD $1,007,100 Centrex Construction, Inc. bid award 6% of bid for City Hall counter ADA modification 60,400 & unforeseen remodel costs ot to exceed umzm Total allocation for remodel constructio111 ASSOCIATED REMODEL COSTS NOT INCLUDED IN CONSTRUCTION COSTS ABO $450 Land Use Minor Modification filing fee $ $450 ,025 Building permits * $15,000 Moving contractor for Permit Center & City Hall relocations $17,000 Additional office partitions 500 Signage both buildings inside and out $1, $$1,000 Network hardware for Permit Center High density shelving unit - modified to hold files rather * $6,000 than library materials HIM Allocation for associated costs 1 2 4' TOTAL ALLOCATION FOR RENOVATION $1,100,000 TOTAL BUDGET FOR RENOVATION IN CIP BUDGET NTINGENCY IS AMOUNT REQUIRED FRO:5OR % OF TOTAL ESTIMATED TO BE $52,47ABOUT 4.5 PROJECT BUDGET AS OF804. NOTE * = estimated costs at this time in Total of 96 FTE will be in City Hall & Permit Center @ move OEM AGENDA ITEM # 3 2 b FOR AGENDA OF August 24, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of Ma leleaf Street Improvement Ok,,,- PREPARED BY. Vannie Ng_uyen EPT HEAD OK: Agustin P. Duenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Mapleleaf Street Improvement? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to S-2 Contractors in the amount of $27,956.50. INFORMATION SUMMARY The proposed project converts Mapleleaf Street between 72nd and 71St Avenue, an existing narrow gravel street, to a 25-foot wide paved street. Curb is installed on one side of the street to channelize the surface water runoff from the street into an existing ditch along 72nd Avenue. This project is not a full street improvement project but is intended to pave the existing gravel road and widen the street to match with the existing width of the adjacent street segment. Widening the street to the ultimate width and installing sidewalks along the street in accordance with the Tigard Transportation Plan standards will be done in the future when additional funding is available. Funding for widening local streets to the full width in existing neighborhoods is typically performed through formation of a local improvement district. Also included in the project is the installation of an asphaltic concrete (AC) berm along Errol Street to direct surface water runoff to an existing ditch at the Errol/Former Street intersection. A pavement overlay installed on Errol Street last year has created a situation whereby storm water from the street inadvertently flows into the yards of certain houses. Construction of the AC berm along Errol Street would re-direct the overflow to an existing storm drainage system. This project was advertised for bids on July 26 and July 29, 2004 in the Daily Journal of Commerce and Tigard Times respectively. The bid opening was conducted on August 9, 2004 and the bid results are: S-2 Contractors Aurora, OR $27,956.50 Parker Northwest Paving Oregon City, OR $39,707.50 Civilworks NW Vancouver, WA $48,371.00 Eagle-Elsner Tigard, OR $54,960.55 Kerr Contractors Tualatin, OR $63,305.00 Engineer's Estimate $38,300 Based on the bids submitted, the lowest responsive bid of $27,956.50 submitted by S-2 Contractors appears to be reasonable. Staff recommends approval of the contract award to this qualified lowest bidder. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goal of "Improve Traffic Flow and Safety" ATTACHMENT LIST Project location map FISCAL NOTES The total funding for Mapleleaf Street Improvement is $115,000 which includes $70,000 from the State Gas Tax fund and $45,000 from the Street Maintenance Fee fund. Installation of an AC berm on Errol Street is funded from the Storm Drainage Major Maintenance fund in the amount of $100,000 in the FY 2004-05 CIP. The available funding insufficient to award a contract of $27,956.50 to S-2 Contractors. 1AarQNan*1.c4 cw roWaaplele0,&2404 mapWeef=ntmd ewud ala,dm ERR®L STREET STORM DRAINAGE APLELEAP STREET IMPROVEMENTS LOCUST STREET l ' a o N MAPLELEAF STREET F a ` WALNUT ST o MAPLEIEAF STREET z %//i/ a a ERROL STREET 'JVUTST z w N W Z W O L OAK >a STREET a VI ~ N y n n n 111TH PINE STREET AGENDA ITEM # FOR AGENDA OF August 24, 200 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Preview of Ti and Blast/Citizen's Fair PREPARED BY: Liz Newton DEPT HEAD OK ~~--F-- CITY MGR OK _ ISSUE BEFORE THE COUNCIL Update the City Council on the Tigard Blast/Citizen Fair event on September 18, 2004. STAFF RECOMMENDATION None. INFORMATION SUMMARY On Saturday, September 18, the Annual Tigard Blast will be held in downtown Tigard. It will begin with a parade at 10:00 a.m. and staff will.coordinate a Citizen's Fair to be held in conjunction with the Blast activities. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST None FISCAL NOTES There is no financial impact created by this action. k\edmkityoounoilkou it agenda itcm summaries\2004\ais for tigard blast 040824.dmS/I6/04 AGENDA ITEM No. 5 Date: August 24, 2004 PUBLIC (LEGISLATIVE) TESTIMONY SIGN-UP Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER N ORDINANCE AMENDING CHAPTER 6, HOUSING, VOLUME II OF THE TIGARD COMPREHENSIVE PLAN Due to Time Constraints City Council May Impose Time Limit o Testimony I:WDM\GREER\CCSIGNUP\PH TESTIMONY LEG.DOC AGENDA ITEM No. 5 Date: August 24, 2004 PLEASE PRINT Pro onent- S eakin In Favor O onent- S eakin A ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Ls-- l o 6W to LTl L-V Name, Address & Phone No. Name: Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. IL Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 0 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF 8/24/04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Affordable Housing Amendments - Comprehensive Plan Amendment (CPA) 2004-00002 1 PREPARED BY: Duane Roberts DEPT HEAD OK ' MGR OK ISSUE BEFORE THE CO CIL Should City Council approve the attached ordinance amending Chapter 6, Housing, Volume II of the Tigard Comprehensive Plan to facilitate the provision of affordable housing within the community? Should Council revise the adopted Affordable Housing Fee subsidy guidelines to include provisions giving preferential treatment to projects that contribute to the dispersal of affordable housing within the community? STAFF RECOMMENDATION Staff recommends that Council approve, by motion, the attached ordinance adopting the proposed amendments to the Housing Chapter of the Tigard Comprehensive Plan. Staff recommends that Council approve the proposed addition to the Affordable Housing Fee Subsidy Guidelines. INFORMATION SUMMARY In 2001, Metro adopted Title 7, "Housing and Affordable Housing", as an amendment to the Urban Growth Management Functional Plan. Title 7 requires local jurisdictions to adopt comprehensive plan amendments aimed at encouraging the provision of affordable housing and to consider a variety of techniques to meet regional and local affordable housing needs. A Metro evaluation of Tigard's Title 7 compliance contained in the Updated Metro Evaluation of Local Government Title 7 (Affordable Housing) Compliance Reports, dated December 18, 2003, lists as "Outstanding Items" the need for new City Comprehensive Plan policies and implementation measures that provide for the maintenance of existing affordable housing stock and that encourage the dispersal of new affordable housing within the community. In response to the Metro evaluation and in order to achieve Title 7 compliance, staff has drafted several amendments to Chapter 6 of the Tigard Comprehensive Plan: Findings, Policies & Implementation Strategies, Volume II. These amendments include various implementing measures designed to address affordable housing stock maintenace and dispersal. All of the amendments reflect pre-existing actions taken by the City to support affordable housing or to carry out state housing-related statutes. Examples of these amendmends include new implementing strategies related to: the City fee subsidy program, which has been in operation for some two years; the Housing Maintenance Code, which was adopted in 1996; and the ten-year-old state statute that requires local 21 1 jurisdictions, to allow manufactured homes in all residential zoning districts. No new policy or implementation initiates are included among the amendments. The amendments are designed to incorporate into the City Comprehensive Plan new affordable housing promotion measures adopted by the City in recent years and to provide additional evidence of Metro Title 7 compliance. The Tigard Planning Commission considered the amendments in a hearing on July 19, 2004, and voted unanimously to forward a recommendation to Council to approve the amendments as written. No one appeared at the public hearing to testify either in favor or in opposition to the amendments. The new City Affordable Housing Program, adopted by Council on 9/24/02, included a range of land use and non-land use affordable housing promotion measures. One of the non-land use measures was a budget set- aside designed to offset fees and charges imposed on affordable housing development. At its 10/15/02 meeting, Council reached agreement on a set of ten guidelines that define the requirements and conditions for entities wishing to apply for the set-aside funds. The new guideline before the Council is intended to carry out proposed 6. L L Implementation Strategy 10, which states that "The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City". OTHER ALTERNATIVES CONSIDERED Do not adopt the amendments. Adopt revised amendments. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management, Goal #3: Partnerships for advocacy for development of additional units and preservation of affordable housing are encouraged and supported by the City and the community. ATTACHMENT LIST Attachment #1: Ordinance amending Chapter 6, Housing, Volume II of the Tigard Comprehensive Plan Exhibit A: Proposed revisions to Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II Exhibit B: Staff Report to Planning Commission Attachment #2: Draft Planning Commission meeting minutes - July 19, 2004 Attachment #3: Affordable Housing Fee Assistance Guidelines. FISCAL NOTES The proposed amendments do not involve the allocation of City funds. is\cdadm\jerree\agenda sum\8-24-04 Affordable Housing AIS.doc EXHIBIT "/A" Bold addition Cresseut deletion Tigard Comprehensive Plan Findings, Policies & Implementation Strategies, Volume II 6. HOUSING This chapter considers the land and the dwelling units where Tigard residents live. Residential land uses occupy more land area than any other land use in the City. This chapter addresses the Statewide Planning Goal #10: "To provide for the housing needs of the citizens of the State." The plan policies focus on five basic areas: 1) Housing needs; 2) Housing costs; 3) Established residential areas; 4) Housing conditions; and 5) Urban Expansion. Detailed information concerning housing in Tigard is available in the "Comprehensive Plan Report: Housing." 6.1 HOUSING NEEDS Findings • Residential housing in Tigard has been developed as 55.6% single family detached dwellings, 42.7% attached units, and 1.7% manufactured homes. • The Metropolitan Housing Rule adopted by the Land Conservation and Development Commission states that Tigard must provide for 50% single family and at least 50% single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. • The rapid increase in housing and land costs over the last several years has excluded many households from obtaining suitable housing to meet their needs. • Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. • The rapidly changing housing market will require the City to periodically reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. • Approximately 19% of the households in Tigard are inhabitated by senior citizens. Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. (Rev. Ord. 85-03; Ord. 84-38; Ord. 84-29; Ord 96-24) IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of zoning districts which allow for a variety of housing types, and comply with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land). 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g., steep slopes or floodplains, to develop with density transfers allowable on the site. In addition, the City shall encourage developers to use the planned development process in all developing areas. 4. The TigaFd Gemmunity Development Cede shall allow foF FsaRufaGtWed homes in manufaGtured home parks and 60divisiens, Within speGified zoning dis 4. The City shall allow for manufactured homes in all residential zoning districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: a. Making information available on subsidizing programs; b. Allowing special use housing for these groups in all development districts; C. Requiring the needs of the handicapped to be considered as a part of the Site Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, private non-profit housing corporations, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 8. The City shall determine through census figures, surveys and organizational reports, such as those prepared by the area Agency on Aging, the extent of the City's need and projected need in the area of low and moderate income housing, senior housing and specialty housing. The City shall encourage the development of such housing types to meet the identified and projected needs. 9. The City shall maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the supply of new Authority-owned affordable housing at dispersed sites within the community. 10. The City shall establish a fee subsidy program intended to offset fees and charges imposed on affordable housing development. The guidelines for the award of the competitive funds shall give high consideration to projects that facilitate the dispersal of affordable housing within the City. 6.2 HOUSING COSTS Findings • The factors that have contributed to increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from $22,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980.) • Land and regulation costs have dramatically increased the cost of development. • Construction costs may be reduced by building smaller units and using alternative construction techniques. • Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. • Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. POLICY 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative procedures; b. Application forms; and c. Clear and concise standards for each development process. 3. The City shall seek ways to minimize the cost of housing by encouraging a variety of home ownership alternatives such as, but not limited to, townhouses and condominiums. 4. The City shall continue to support the development of traditional housing types such as single family detached dwellings, duplexes and apartments. 5. The City shall encourage geographic flexibility in the choice of housing. 6.3 ESTABLISHED RESIDENTIAL AREAS (REPEALED BY ORDINANCE 98-19 dated 8/25/98) 6.5 HOUSING CONDITIONS Findings • A majority of the City's existing units have been built since 1960; and in general, these units are in good condition. • Most of the upkeep on these structures involves minor mechanical problems, weatherization and painting. • The City currently does not have any rehabilitation programs for those residential structures that need major repairs. The Washington County Community Action Organization (WCCAO) does administer a weatherization program funded by the federal government to assist low income residents. Other residents of Tigard may rely on federal and State tax incentives for weatherization, as those incentives are available. As many of the existing 20 year-old homes age, more repair and rehabilitation work may be needed in order to maintain the high quality of residential structures that now exist. • The Housing -AuthoFity-ef Washington County Community Development Office operates a Home Repair Program funded by the Federal Government to assist low and moderate income homeowners. The Housing Authority of Washington County a4se operates a Multi-Family Rental Rehabilitation Program funded by the Federal Government, to assist units occupied by low and moderate income tenants. POLICY 6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE: a. CONSTRUCTED ACCORDING TO THE OREGON UNIFORM BUILDING CODE OR OTHER APPLICABLE STATE OR FEDERAL STRUCTURAL CODES; AND b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE CITY'S NUISANCE OR PROPERTY MAINTENANCE REGULA TIONS.9RBIANG€ IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code will establish a Site Development Review, Conditional Development and Planned Development process in which to review development proposals. 2. The City will continue to administer the Uniform Building Code on all applicable types of construction in Tigard. 3. In order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it. 4. To assist residents who need financing for home repairs, the City shall encourage residents to utilize the various low interest loan and grant programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. 3.5 The City will enforce, where financially feasible, all nuisance ordinances that relate to stFUstUFe and site appearances. Thle City a;s;, ►;;1; enforce all ordinances that relate to structural soundness. The City will encourage private property owners to comply with all nuisance and structural ordinances, which will alleviate the financial burden of the City and its taxpayers to enforce these ordinances. Emma 4,6 The City will set reasonable rules in the Tigard Community Development Code for accessory buildings which will protect the character of existing residential neighborhoods. Ulrpn/dr/6 EXHIBIT "B" Agenda Item: - Hearin Date: STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON SECTION I: APPLICATION SUMMARY FILE NAME: AFFORDABLE HOUSING CODE AMENDMENT FILE NO. Comprehensive Plan Amendment (CPA) CPA2004-00002 PROPOSAL: The City of Tigard proposes to amend Chapter 6, Housing, Volume II of the Tigard Comprehensive Plan to facilitate the provision of affordable housing within the community. APPLICANT: City of Tigard OWNER: N/A Attn: Duane Roberts 13125 SW Hall Boulevard Tigard, OR 97223 OMPREHENSIVE PLAN DESIGNATION: N/A ZONING DESIGNATION: N/A LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 10; Metro Urban Growth Management Plan Titles 1, 7, and 8; Comprehensive Plan Policies 1, 2, 6, and 12; and Community Development Code Chapters 18.380 and 18.390 SECTION II: STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance amendments according to the findings found in Section IV of this report. =maw, W, SECTION III: BACKGROUND INFORMATION In 2001, Metro adopted Title 7, "Housing and Affordable Housing", as an amendment to the Urban Growth Management Functional Plan. This title requires local jurisdictions to adopt comprehensive plan amendments aimed at encouraging the provision of affordable housing and to consider a variety of techniques to meet regional and local affordable housing needs. Metro Code Section 3.07.730.A.2 of Title 7, states that: A. Cities and counties within the Metro region shall ensure that their comprehensive plans and implementing ordinances: 2. Include in their plans actions and implementation measures designed to maintain the existing supply of affordable housing as well as increase the opportunities for new dispersed affordable housing within their boundaries. The City proposes to amendment Chapter 6 of the Tigard Comprehensive Plan: Findings, Policies & Implementation Strategies, Volume II, to add implementing measures designed to address affordable housing stock maintenance and affordable housing dispersal. These amendments respond to a Metro evaluation of Tigard's Title 7 compliance contained in the Updated Metro Evaluation of Local Government Title 7 (Affordable Housing) Compliance Reports, dated December 18, 2003. This evaluation lists as an "Outstanding Item" the need for new City comprehensive plan policies and implementation measures that carry out Metro Code Section 3.07.730.A.2 quoted above. A copy of the City's proposed Comprehensive Plan amendments is attached. Proposed additions are highlighted in bold. Proposed deletions are indicated by strikeouts. All of the implementation measures proposed as additions are pre- existing actions taken by the City. An exception is the housing subsidy program guideline giving special consideration to projects that facilitate the dispersal of affordable housing within the City. The amendments promote affordable housing dispersal by explicitly recognizing the state statue requiring local jurisdictions to allow manufactured homes in all residential zoning districts; by requiring the City to maintain its long standing intergovernmental agreement with the Washington County Housing Authority that, among other provisions, emphasizes the provision of new Authority-owned affordable housing at dispersed sites within the community; and by requiring the City to establish a fee subsidy program for affordable housing development that includes guidelines giving preferential treatment to projects that facilitate the dispersal of affordable housing within the City. The amendments promote the maintenance of existing housing stock by requiring the City to develop a Residential Property Maintenance Code and assign a Housing Inspector to administer it and by requiring the City to encourage residents to utilize the various low interest loan and grant home repair programs offered by the Washington County Office of Community Development through its Housing Rehabilitation Program. Some of the means of "encouraging" include informational fliers, and City webpage, newsletter, and cable program announcements that provide program details and contact information. In conclusion, in order to complete Title 7 compliance, Tigard proposes to adopt conforming amendments to its Comprehensive Plan that provide for the maintenance of existing affordable housing stock and that encourage the dispersal of new affordable housing within the community. These required amendments are the subject of this application. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 10; Urban Growth Management Plan 1, 7, and 8; Tigard Comprehensive Plan Policies 1, 2, 6, and 12; and Community Development Chapters 380 and 390. Three Statewide Planning Goals need to be considered with regard to this request: Goal # 1: Develop a citizen involvement program that ensures the opportunity for citizens to get involved in all aspects of the planning process. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal will be met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice will be published in the Tigard Times Newspaper prior to the public hearings. Two Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be received. Additionally, prior to the submittal of the Land Use Application containing the proposed amendments, the amendments were considered at Planning Commission workshop meetings held on April 19 and 26, 2004. On May 20, 2004, the Tigard Committee for Citizen involvement considered the amendments and made suggestions for publicizing I them. In June, the text of the amendments and a summary of their contents were posted in the City of Tigard webpage. Goal # 2: Establish a land use planning process and policy framework as the basis of all land use decisions and actions, and ensure an adequate factual data base to substantiate those decisions and actions. This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. The established process with regard to the process and policy framework has been followed with respect to the housing- related amendments under discussion. Goal # 10: Provide adequate housing for the needs of residents of the community, State, and visitors. The Tigard Comprehensive Plan has been acknowledged as meeting this statewide goal. The proposed amendments carry out the intent of the goal with respect to facilitating affordable housing. The amendments particularly address OAR 660- 015-0000(10), 132(b), which states that plans should take into account the effects of utilizing financial incentives and resources to bring into compliance with codes adopted to assure safe and sanitary housing the dwellings of individuals who cannot on their own afford to meet such codes. The amendments do this by requiring the City to encourage residents to utilize the various low interest loan and grant repair programs offered by the Washington County Office of Community Development. Seven Metro regulations need to be considered with regard to this request: Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider housing and employment targets established for Tigard. The provisions required in this title are included in the Tigard Comprehensive Plan. Effective measures have been taken to reasonably assure that the calculated capacities will be built for dwelling units and jobs. As described below, the present amendments are intended to address the additional requirements of Title 7 (Affordable Housing) of the Metro functional plan. Adoption of the proposed amendments will not affect or interfere with the achievement of housing targets. The amendments are intended to encourage the dispersion of affordable housing throughout the community and to support the maintenance of the community's existing housing stock. Title 7: Regional policy designed to ensure efficient use of land, adequate land for residential development, and affordable housing strategies and production goal for meeting the housing needs of this region. Title 7 is the subject of the present application. The Title recommends changes to City and County policies related to affordable housing promotion. It also establishes mandatory requirements that local governments must undertake as part of Metro's regional planning effort. The amendments proposed by the City are designed to meet Title 7 requirements related to affordable housing dispersal and maintenance. These have been identified as "outstanding items" in a Metro report evaluating Tigard's Title 7 compliance. Title 8: Compliance with the Urban Growth Management Plan. According to Metro regulation 7.07.810.G, an amendment to a City Comprehensive Plan shall be deemed to comply with the Urban Growth Management Plan if the local jurisdiction provided notice to the Metro Chief Operative Officer. On 5/26/04 the City provided notice of the amendments to the designated Metro authorities by certified mail. Therefore this goal is met. Three City of Tigard Comprehensive Plan Policies need to be considered with regard to this request: TCP Policy 1 1.1: The City shall ensure that this comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission and the Regional Plan adopted by the Metropolitan Service District. This policy is satisfied because the proposed Comprehensive Plan policy changes are consistent with the Statewide Planning Goals as indicated above, and the changes help to keep the plan current with local needs and recent administrative rule changes. In particular, the changes implement Title 7 of the Metro Framework Plan. Comments received from LCDC staff (included in the Agency Comment section of this report) provide evidence that the proposed changes are consistent with the Statewide Planning Goals. TCP Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be Involved in all phases of the planning process. The proposed amendments were discussed at Planning Commission workshops held on April 19 and 26, 2004. The Citizen Involvement Team Facilitators, who serve as Tigard's official committee for Citizen Involvement (Policy 2.12c), on May 20, 2004, discussed the amendments and suggested opportunities for public involvement related to their consideration. As recommended by the committee, the amendments have been posted on the official City webpage along with an explanation of the changes and their significance. In addition, two Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be welcome. TCP Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. b. Where appropriate, other involvement techniques will be used. As discussed above, Citizen Involvement Team Facilitators serve as the primary means for citizen involvement in land use planning. An amendment public information process appropriate- the proposed code changes was discussed at a regular CCI meeting. The amendments and an explanation of their significance were posted on the City webpage. As also mentioned above, the amendments were discussed at two Planning Commission workshop meetings open to the public. In addition, two formal Public Hearings will be held (one before the Planning Commission and the second before the City Council) in which public input will be received. Therefore, this policy is satisfied. TCP Policy 2.1.3: The City shall ensure that information on land use planning issues is available in an understandable form for all interested citizens. This policy was addressed previously in this report. Additionally, the Tigard Development Code notice requirements have been met. Notice was mailed to various public and private agencies and notice was published in the Tigard Times prior to the Planning Commission and Council public hearings. An opportunity for public testimony will be provided at both hearings. The notices and informal outreach efforts have included the provision of information in an understandable form. TCP Policy 6.1 .1: The City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The proposal amends 6.1.1 to include additional strategies to support affordable housing dispersal. The changes are consistent with the finding that "Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself." TCP Policy 6.5.1: The City shall require that all housing units be: b. Maintained in a manner which does not violate the City's nuisance ordinance. The amendments contain provisions intended to enhance the maintenance of the City's existing housing stock. Specifically, implementation measure number 3, under 6.5.1 provides that in order to insure continued safe and sanitary housing, the City shall develop a Residential Property Maintenance Code and assign a housing inspector to administer it. The proposed Maintenance Code supplements and does not lessen the requirements of the existing nuisance ordinance. TCP Policy 12:1.1: The City shall provide for housing densities in accordance 3 with: a. Applicable plan policies; b. Applicable location criteria; and c. Applicable Community Development Code provisions. The present amendments do not propose to amend existing plan policies, location criteria, or code provisions related to density. SECTION V: OTHER STAFF COMMENTS The Community Development, Engineering, Police, and Public Works Departments have reviewed this application and offered no comments or objections. SECTION VI AGENCY COMMENTS Metro has reviewed this application and offered no comments or objections. The Department of Land Conservation and Development has reviewed this proposal and offered the following comments: "I received your notice of proposed amendment for changes to the Comprehensive Plan regarding Title 7 requirements. DLCD appreciates the opportunity to comment. We support the City's efforts in proposing policy changes to support the goal of maintaining and increasing the supply of the affordable housing that meets the 111 11111 1 Metro Housing Rule. The City's Affordable Housing Program is exemplary in its approach to addressing the need and Tigard should be commended. Since Title 7 is voluntary in nature the following comments are advisory, but should be included in the record. The proposed changes would allow manufactured housing units in all residential zones, which is consistent with ORS 197.303 for "needed housing." ORS 197.307 allows the City to adopt approval and placement standards for certain residential development, including manufactured dwellings. The proposed changes do not violate this statute, but a review of your zoning codes may be appropriate to ensure compliance with "clear and objective" criteria. The other proposed policy amendments support Title 7 and are common sense approaches to coordinate efforts among numerous jurisdictions working on the same issue. In addition to the housing authority, I would encourage the City to work with community development corporations and private non-profit providers, such as Habitat for Humanity, and list private non-profits by policy. (Policy 6.1.1, Strategy 7). According to the most recent Title 7 compliance report from Metro, the following items are outstanding: (1) Ensuring that the City's comprehensive plan and implementing ordinances include measures to maintain the City's existing supply of affordable housing and increase the dispersion of affordable housing. 2) Consideration of the amendment of comprehensive plan and implementing ordinance amendments to include density bonus and the transfer of development rights in Metro Code 3.07.730.6. 3) Encouraged consideration of the amendment of comprehensive plan and implementing ordinance amendments to include the implementation of replacement housing and inclusionary housing in urban renewal areas as outlined in Metro Code Section 3.07.760. It's my understanding that - Tigard has considered the first two but found them unworkable due to staff constraints and a lack of inventory to determine the need. An inventory of this nature would offer an ideal service learning opportunity to graduate students at the UO and PSU planning schools. A project manager would still be needed, but the majority of the leg work could be done for little cost. The city might want to explore this possibility. With regard to the last item, the upcoming Downtown Improvement Plan is a great opportunity to discuss the merits of adding housing, including affordable units, as a strategy to revitalizing the town center. Obviously, the key is finding the best mechanism to fund a downtown program and identify appropriate sites. I would hope the city includes this topic in its list of alternative uses and viable options to spur new development in the downtown. If you have any questions about these comments, please feel free to contact me. Thanks for the opportunity to comment and let us know how we can assist you in the future." RESPONSE: As suggested by DLCD, the Current Planning Manager has agreed to undertake a review of the Tigard Community Development Code to ensure its compliance with State "clear and objective" criteria. We concur that private-non-profit housing corporations are important providers of affordable housing and should be recognized as such in the Comprehensive Plan. Two such corporations, the Tigard-based Community Partners for Affordable Housing and the Tualatin Valley Housing Partners, currently own and manage a combined 262 units of affordable housing within and adjacent to the City. We propose amending 6.1.1, Strategy 7 to include a reference to the contribution of the non-profits. With regard to the Metro evaluation of the City of Tigard's Title 7 compliance, the City officially has concurred with the listing of item 1 as "outstanding". This item refers to the need to adopt Comprehensive Plan and implementing ordinances to maintain the existing supply and increase the dispersal of affordable housing. The present amendments are intended to address this deficiency. The City has questioned Metro's inclusion of Items 2 and 3 as "outstanding Items" and some months ago submitted evidence that it has met each. Metro has not responded to this submittal as yet. We concur that the development of the Downtown Improvement Plan provides an opportunity to discuss the merits of including housing, including additional affordable housing to the mix of downtown uses. Although not explicitly spelled out in the project work scope, the downtown planning effort will include consideration of opportunities and strategies for affordable housing development. As part of its approach to this topic, the City made an effort to recruit one or two affordable housing residents to serve on the Downtown Task Force. PREPARED BY: Duane Roberts DATE: 718/04 Associate Planner APPROVED BY: Barbara Shields DATE: 7/8/04 Long Range Planning Manager h ICURPL WATT'ACPA-RPT.DOT Duane Roberts - Re: Comp Plan Amendment for Affordable Housing Page 1 From: Duane Roberts To; John Frewing Date: 7/15/04 2:55PM Subject: Re: Comp Plan Amendment for Affordable Housing Mr. Frewing, The background for the amendments goes back to 2002 when one of the Council goals was to "consider ways to support the provision of affordable housing". After a series of workshop meetings focused on a range of potential tools and strategies, Council adopted the Affordable Housing Program as "a complete and official statement of the City's overall affordable housing program". I attached the e-version of this report to my previous email. Significantly, Community Partners for Affordable Housing, the Tigard-based non-profit housing corporation, was a major participant in these policy discussions. CPAH staff shared their frontline, on-the-ground knowledge of obstacles to affordable housing development and were a valuable resource to Council. The CPA 2004-00002 amendments are narrowly focused and are intended to provide additional evidence of Metro Title 7 compliance, rather than revisit the Council-adopted affordable housing position paper. All of the new amendments reflect pre-exiting actions taken by the City and are refinements to the City's existing policies. The CPA is not intended to initiate or be part of a full-fledged policy review, because that took place two years ago. Planning Commission and Council can always decide later on to initiate an affordable housing policy discussion or consider adding new or revised housing promotion measures. The present staff-initiated amendments are more in the nature of housekeeping changes to the existing housing section of the comprehensive plan. We offer the following in response to your specific comments, which we view as good faith efforts to support affordable housing development in the community. A. A pre-application meeting was held on May 18th with Morgan Tracey. He left on vacation shortly thereafter and forgot to file the pre-application notes before leaving. A copy of the pre-application notes is attached. Because of their narrow purpose, the City did not seek comments on the amendments from Habitat for Humanity or other non-profits. However, we agree that Habitat for Humanity would be a useful contact with regard to future Housing-related issues. They are not on our present list of regular housing-related contacts. We will add Habitat for Humanity Willamette West, 7830 SW 40th Street, Portland 97219 to our mailing list. Please let us know if there is a more appropriate local office we should be include on the list. B. As indicated in my previous email, the Committee on Citizen Involvement was reactivation in May. A copy of the meeting minutes was attached to the email message. A copy of the committee's July 15th meeting agenda is attached to the present email for your information. C. The City land survey covers that Urban Planning Area. D. There is no prohibition on the number of manufactured homes in the development code. As required by State Statutes, they are treated the same as stick built houses. E. Some would question whether this would do anything to promote affordable housing, as opposed to limiting normal housing and increasing the prices of homes by limiting supply. F. Council considered affordable housing development fee subsidies as part of the Affordable Housing Program and decided on an appropriate level of support based on local conditions and resources. Council is free to consider and act on any suggested, including the suggestion outlined in your email, for revising the amount upward or downward. G. Requiring low maintenance features may be too restricted. It could add another requirement on Duane Roberts - Re: Comp Plan Amendment for Affordable Housing Page 2 affordable housing. H. Why should this be done to affordable housing only? This would cause affordable housing to meet a standard that would greatly increase costs. Existing residents have not provided enough park space to meet City level of service standards. Does this mean only the "newcomers" are required to fix this deficit? City maintenance of open space in each development would greatly increase City park maintenance costs. i/Irpln/dr.affordable housing.cpa.response Duane Roberts City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503-639-4171 ext 2444 "John Frewing <jfrewing@teleport.com> 07/10/04 03:44PM July 10, 2004 Duane Roberts City of Tigard Dear Duane: On Friday I reviewed the file of CPA 2004 - 00002 regarding a comprehensive plan amendment to facilitate the provision of affordable housing within Tigard. You appear to be the staff person carrying this amendment for city approval. I submit my comments as input to your preparation and the Planning Commission in their recommendation to City Council and I would appreciate a brief reply that they indeed have been forwarded and included in the record: A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC 18.390.060.A. These notes are important in order to determine what alternatives were considered and what input from interest groups may be influencing the city action. For example, has the city sought comments from Habitat for Humanity, who use volunteer labor for significant parts of affordable housing construction? They (their building coordinators) might have some good comments on how to minimize costs for affordable housing. B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate knowing who these people are and how many citizens provided input, along with the substance of their L Duane Roberts - Re; Comp Plan Amendment for Affordable Housing Page 3 input. 1 raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in favor of a comprehensive website, various mass mailings and email lists. I have suggested in various forums that neighborhood planning associations be a strong component of the Tigard citizen involvement effort. The comprehensive plan identifies such associations, but none exist or are recognized by the city. C The Comp Plan implementing strategy for management of housing stock in Tigard (Section 6.1.1, Strategy 1) requires an annual 'land survey'. I suggest this strategy be modified to require that this land survey include all the urban planning areas associated with Tigard as well as the area with the city proper. This is important because if and when annexation is considered, Tigard should have long record of constructive planning effort for the areas of interest, and housing stock in these areas can strongly influence the nature of necessary upgrades upon annexation and influence the fiscal impact of annexation. D The proposed Comp Plan amendment would change Section 6.1.1, Strategy 4 to allow manufactured homes on any residential lot in the city, regardless of zone. I suggest this be changed to state that groups of manufactured homes (greater than 10) be allowed in the city under more detailed development conditions (to be specified in this amendment or committed within a year) which would provide appropriate buffer areas between the manufactured housing development and adjacent residential areas. E In order to assure development of affordable housing throughout the city, I suggest that a policy of the Comp Plan be added to the effect that starting on the date of enactment of this amendment, each quadrant of the city shall have its own share of affordable housing. If a quadrant (defined to include all of Tigard's urban planning areas) is lacking its share of affordable housing (ie has only one affordable housing development, when other quadrants have 2), only 4 additional development applications may be approved before approving an affordable housing development in that quadrant. This would thereby block further development in that quadrant until an affordable housing development is proposed and approved. F The proposed amendment sets up a mechanism to abate filing costs for affordable housing developments. I suggest that the Comp Plan be further modified to state that other fees associated with affordable housing developments be abated up to a maximum of 1 % of the annual city budget and in the event that demand exceeds that amount, that City Council will apportion abatement benefits among applicants. Such other fees should include water and sewer connection fees, traffic impact fees, etc. G The proposed amendment creates a process to develop and implement a residential property maintenance code. This is fine; however for affordable housing developments, landscaping requirements of the code should be modified to require low maintenance features, thereby minimizing ongoing costs of the affordable housing development. H Because of the importance of open space to people of all income levels, Tigard should modify its Comp Plan to require that for affordable housing developments, adjacent open space is required of the same size as the development itself, and the City of Tigard is required to accept this area as public open space. Duane' Roberts - Re: Comp Plan Amendment for Affordable Housing Page 4 I Finally, it occurs to me that we need a good working definition of'affordable housing'. Is it the use of government subsidy, or is it rental value, or is it some tax status, or 1 happen to think that Metzger already has a good amount of affordable housing, not counted in any existing 'system' of government accounting. Staff should provide a real definition for inclusion in the proposed amendment. Sincerely, John Frewing Attachment 2 CITY OF TIGARD PLANNING COMMISSION ""R A Meeting Minutes U AFT July 19, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Bienerth, Buehner, Meads, and Munro Commissioners Absent: Commissioners Caffall, Haack, and Sutton Staff Present: Duane Roberts, Associate Planner; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS • The next meeting is scheduled for August 16th. • Eight Planning Commission applicants will be interviewed for the open and alternate positions. • The secretary has copies of the Government Standards & Practices training . • President Padgett wants to have a workshop on planned developments in September. • President Padgett reminded the Commissioners about the Bull Mountain Annexation hearing on July 27th. Commissioners may testify as individuals, not as representatives of the Planning Commission. Discussion was held on meeting attendance. 4. APPROVE MEETING MINUTES It was moved and seconded to accept the June 21, 2004 meeting minutes as submitted. The motion passed by a vote of 4-0. Commissioner Buehner abstained. 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00002 AFFORDABLE HOUSING CODE AMENDMENT REQUEST: The City of Tigard proposes to amend Chapter 6, Housing, of Volume II of the Tigard Comprehensive Plan in order to facilitate the provision of affordable housing within the community and to provide additional evidence of Metro Title 7 compliance. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Policies 1, 2, 6 and 12; Statewide Planning Goals 1, 2 and 10; and Metro Functional Plan Titles 1, 7 and 8. PLANNING COMMISSION MEETING MINUTES - July 19, 2004 - Page I a mmmmmi STAFF REPORT Associate Planner Duane Roberts presented the staff report on behalf of the City. He noted that these are housekeeping amendments to the Housing Chapter of the Comprehensive Plan - there are no new affordable housing policies or implementation measures proposed. The purpose of the amendments is to update the Housing Chapter of the Comp Plan and to demonstrate Metro Title 7 compliance. Roberts highlighted the proposed amendments and asked the Commission to make a recommendation of approval to Council. Commissioner Buehner asked if these amendments might be changed with the upcoming Comprehensive Plan update. Roberts did not foresee any major, mandatory changes to the Housing Chapter with the Comp Plan update. Commissioner Meads asked about density bonuses. Roberts said that the Council considered density bonuses for affordable housing, but did not adopt the code. Commissioner Meads asked about items mentioned in a letter from John Frewing (Exhibit A). Roberts answered that he responded to the letter. He said Frewing was not aware of the existing adopted Affordable Housing Program. With regard to ensuring that affordable housing is dispersed, Roberts noted that we have an agreement with Washington County about location of affordable housing. Discussion was held on manufactured housing. It was noted that we are bound by state laws regarding placement of manufactured houses. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved to recommend approval to Council of CPA 2004- 00002, based on findings in the staff report and discussion held during the public hearing. Commissioner Bienerth seconded the motion. The motion passed unanimously. 6. GOAL 5 WORKSHOP Associate Planner Julia Hajduk handed out copies of a PowerPoint presentation (Exhibit B). She noted that the objective of Goal 5 is to improve the overall environmental health of the Tualatin River basin. She went over the presentation with the Commission, advising that we are now in step 3 of the action plan. Hajduk advised that it has not been decided who will determine the 50% of mitigation. The concept will be presented at the public hearing. After that time, the Basin Partners will work on the details. She also advised that mitigation standards PLANNING COMMISSION MEETING MINUTES - July 19, 2004 - Page 2 and ratios have not been defined as yet. She noted that Goal 5 regulations would be for habitat outside of Clean Water Services buffer areas. Hajduk said the current Development Code standards would have to be reviewed for any obstacles to new Goal 5 regulations. Discussion was held on the mitigation process and non-regulatory elements. Hajduk noted the open house and public hearing schedule. The coordinating committee will make its decision on August 16th. Commissioner Buehner asked about 2 pa?sticular parcels that are located in moderately and strictly limit areas. Hajduk drew out some possible ways the parcels could be developed. Hajduk advised that all property owners in a resource area were sent a notice about the Goal 5 process. 7. OTHER BUSINESS . None 8. ADJOURNMENT The meeting adjourned at 8:20 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett PLANNING COMMISSION MEETING MINUTES - July 19, 2004 - Page 3 Page 1 of 2 Duane Roberts - Comp Plan Amendment for Affordable Housing _ . :;.,..,r...~r.:,Fee:h:q}~a~m:,~.^k,...,r:.;.h.~;,.:aer.r::.e+uxixsea,_es.i;~z:tu^~.rui,.v-.+.:nms_.••,. From: "John Frewing" <jfrewing@teleport.com> To: "Duane Roberts" <DUANE@ci.tigard.or.us> Date: 7/10/2004 3:39 PM Subject: Comp Plan Amendment for Affordable Housing CC: "Jim Hendryx" <jimh@ci.tigard,or.us>, "Bill Monahan" <bill@ci.tigard.or.us>, "Mayor MAYOR" <MAYOR@ci.tigard.or.us>, "Alice Gaut <aeg@csgpro.com>, "Lisa Hamilton= Treick" <Lisa@HamiltonRealtyGroup.com>, "Sue Beilke" <sbeilke@europa.com>, "Brian Wegener" <brian@tualatinriverkeepers.org> July 10, 2004 Duane Roberts City of Tigard Dear Duane: On Friday I reviewed the file of CPA 2004 - 00002 regarding a comprehensive plan amendment to facilitate the provision of affordable housing within Tigard. You appear to be the staff person carrying this amendment for city approval. I submit my comments as input to your preparation and the Planning Commission in their recommendation to City Council and I would appreciate a brief reply that they indeed have been forwarded and included in the record: A I didn't see any notes of the pre-application meeting in the file. Such is required by TCDC 18.390.060.A. These notes are important in order to determine what alternatives were considered and what input from interest groups maybe influencing the city action. For example, has the city sought comments from Habitat for Humanity, who use volunteer labor for significant parts of affordable housing construction? They (their building coordinators) might have some good comments on how to minimize costs for affordable housing. B The application makes reference to citizen involvement via the CIT Facilitators. I would appreciate knowing who these people are and how many citizens provided input, along with the substance of their input. I raise this issue because to my knowledge, the system of CITs has been abandoned by Tigard in favor of a comprehensive website, various mass mailings and email lists. I have suggested in various forums that neighborhood planning associations be a strong component of the Tigard citizen involvement effort. The comprehensive plan identifies such associations, but none exist or are recognized by the city. C The Comp Plan implementing strategy for management of housing stock in Tigard (Section 6.1.1, Strategy 1) requires an annual `land survey'. I suggest this strategy be modified to require that this land survey include all the urban planning areas associated with Tigard as well as the area with the city proper. This is important because if and when annexation is considered, Tigard should have long record of constructive planning effort for the areas of interest, and housing stock in these areas can strongly influence the nature of necessary upgrades upon annexation and influence the fiscal impact of annexation. D The proposed Comp Plan amendment would change Section 6.1.1, Strategy 4 to allow manufactured homes on any residential lot in the city, regardless of zone. I suggest this be changed to state that groups file://C:\Documents%20and%20Settings\Duane\Local%2OSettings\Temp\GWI00002.HTM 7/12/2004 Page 2 of 2 of manufactured homes (greater than 10) be allowed in the city under more detailed development conditions (to be specified in this amendment or committed within a year) which would provide appropriate buffer areas between the manufactured housing development and adjacent residential areas. E In order to assure development of affordable housing throughout the city, I suggest that a policy of the Comp Plan be added to the effect that starting on the date of enactment of this amendment, each quadrant of the city shall have its own share of affordable housing. If a quadrant (defined to include all of Tigard's urban planning areas) is lacking its share of affordable housing (ie has only one affordable housing development, when other quadrants have 2), only 4 additional development applications may be approved before approving an affordable housing development in that quadrant. This would thereby block further development in that quadrant until an affordable housing development is proposed and approved. F The proposed amendment sets up a mechanism to abate filing costs for affordable housing developments. I suggest that the Comp Plan be further modified to state that other fees associated with affordable housing developments be abated up to a maximum of 1% of the annual city budget and in the event that demand exceeds that. amount, that City Council will apportion abatement benefits among applicants. Such other fees should include water and sewer connection fees, traffic impact fees, etc. G The proposed amendment creates a process to develop and implement a residential property maintenance code. This is fine; however for affordable housing developments, landscaping requirements of the code should be modified to require low maintenance features, thereby minimizing ongoing costs of the affordable housing development. H Because of the importance of open space to people of all income levels, Tigard should modify its Comp Plan to require that for affordable housing developments, adjacent open space is required of the same size as the development itself, and the City of Tigard is required to accept this area as public open space. I Finally, it occurs to me that we need a good working definition of `affordable housing'. Is it the use of government subsidy, or is it rental value, or is it some tax status, or I happen to think that Metzger already has a good amount of affordable housing, not counted in any existing `system' of government accounting. Staff should provide areal definition for inclusion in the proposed amendment. Sincerely, John Frewing file://C:\Documents%20and%20Settings\Duane\Local%20Settings\Temp\GW}00002.HTM 7/12/2004 Attachment 3 Affordable Housing Fee Assistance Guidelines 1. Both for- and not-for-profit entities are eligible to apply for affordable housing fee assistance funds. 2. Eligible activities include affordable housing acquisition, development, and rehabilitation. Affordable housing acquisition and development will receive greater consideration than rehabilitation. 3. High consideration will be given to projects that facilitate the dispersal of affordable housing within the City. 3. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. 4. Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving households at or below 50% of median. 5. The organization guarantees that the housing produced or rehabilitated will maintain long-term affordability, with long-term defined as the longer of 25 years, or, if applicable, the life of any State or Federal loan used to finance the project. 6. The organization guarantees that the project will be enrolled in the City Enhanced Safety Program (ESP) and maintain ESP certification for the respective (a.) period of long-term affordability defined in guideline #5, or (b.) the life of the ESP program. 7. Council review and approval of each separate award will be required. This review will include an in-person presentation to Council by a representative of the organization making the request. 8. The time limit on the use of the funds is two years. 9. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided by the City of Tigard. 10. The maximum amount available is $500 per qualified unit, up to the current Social Services and Events Fund affordable housing set-aside line item balance. i/lrpin/dr/1-28-03 affordable housing AGENDA ITEM # FOR AGENDA OF August 24,200 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE U date on Planned Development Review Committee PREPARED BY: Dick B DEPT HEAD OK / TY MGR OK ISSUE BEFORE THE COUNCIL Review of the Status of the Planned Development Review Committee Progress. STAFF RECOMMENDATION No action is necessary INFORMATION SUMMARY The Planned Development Review Committee was established by the City Council January 27, 2004. The members are Sue Beilke, Alice Ellis-Gaut, Ron Ellis-Gaut, John Frewing, Bill McMonagle, Charles Schwarz, David Walsh, Gretchen Buehner and Scot Sutton. The Committee's charge was to review and possibly recommend changes to the Planned Development section of the Tigard Community Development Code. Other sections of the code may require changes, however, prior authorization of the Council is required. The Committee first met April 12, 2004. The first part of the section involved getting acquainted. At the meeting, discussion centered on a PD ordinance overview, perceptions and expectations of Planned Developments, and the process for the Committee. The Committee was provided material from the American Planning Association Planning Advisory Service regarding the intent and principles of Planned Developments. A PowerPoint presentation included the history, purpose and general concepts related to Planned Developments. The second meeting was held May 3, 2004. The Committee discussed examples of developments and development issues. They looked at PD plans that were built or under review with comparison to traditional subdivisions. A PowerPoint presentation included issues and challenges including environmental constraints, takings and developing goals and objectives. The third meeting was held August 9, 2004. Delay was caused by a combination of workload and a staff vacancy. At the August 9 meeting, the Committee spent a considerable amount of time discussing factors of development and issues related to development and the pitfalls of addressing some issues. Some discussion related to potential language changes to the code as well as what Planned Developments should be providing. These discussions took time that was to be allotted to taking examples of property and trying to design a PD or traditional subdivision. This activity will be revisited at the next session. A work program/tentative schedule was provided. The work program is attached. I 7~ The next meeting is scheduled for September 7, 2004. The activity relating to design of development and potential language changes will be discussed. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character: #5 Develop strategies to balance the needs of new and infill development to provide protection of defined aesthetic qualities valued by those who already live and work in Tigard. Growth and Growth Management: #1 Accommodate growth while protecting the character and livability of new and established areas. ATTACHMENT LIST Attachment #l: PD Committee Work Program FISCAL NOTES Not applicable Attachment 1 P® COMMITTEE WORK PROGRAM APRIL, 2004 ► Study background of Planned Development provisions ► History of provisions ► How Utilized ► Assessment of provisions ► Relevant Comprehensive Plan policies ► Other Issues: BM 56 notice costs, takings MAY, 2004 ► Review examples of PD's ► Discussion re: development issues *Achieving density *Balancing conservations - goals, rules versus takings *Procedural constraints ► Path - Goals - Objectives - Strategies JUNE - JULY, 2004 Work delay - staff shortage AUGUST, 2004 ► Study examples comparing PD's with conventional development on constrained lands SEPT. OCT., 2004 ► Identify potential changes ► Define recommendation OCT. NOV., 2004 ► Committee recommendation to Council NOV. - DEC., 2004 ► Draft ordinance and Comprehensive Plan amendment language as may be necessary DEC. - JAN., 2005 ► Hearing notices mailed ► Planning Commission public hearing FEB. - MAR., 2005 ► City Council public hearing 1Acurp1n\morgaftorkspace\PD Committee Work Program.doc AGENDA ITEM # FOR AGENDA OF b CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE DARE ummer DEPT HEAD OK P44 . CITY MGR OK PREPARED BY; ISSUIE AEFORE THE COUNCIL Review lico DARE Summor Cam 4TAFF RECOMMENDATION To continue fundin for this ro am.*t~~►RMATION SUMMARY Staff will present council with a summary of our DARE Summer Camp program. Tigard Police DARE Summer Camp is based on the concepts of DARE and GREAT, which is to provide youth with alternatives other than drugs and gangs. We have been doing DARE Camp since 1998. The DARE Summer Camp Program provides opportunity for many students to enhance their social skills, make youth aware of alternatives to drug and gang involvement; increase positive relationships with adults and youth; build self-esteem and confidence; encourage community service; and provide opportunities for social, cognitive and interpersonal growth. Daily camp activities include classroom lessons, concept games, Camp uses Project Adventure and AWANA guest presentations, reading, and arts and crafts. DARE Summer games which provide students an opportunity to work cooperatively, challenge themselves in a supportive diverse environment, improve their self-estm and team creative approaches to a d value each other and their differences. Summer Campstaff inc ude backgrounds learn to work together several bicultural and/or bilingual translators 5) one wee The DARE Summer Camp Program starts 2 works after at school elementary school snd (runs from 9k00amca 3 00 each camp serving over 60 students, The camp is held pm. DARE Summer Camp include high R Officers and School Resource Officers, a grade school teacher, college coordinators and approximately 5d g school students, nTHF>t ALTERNATIVES CONSIDERED N/A VISION TASK FORCE ~.ner aNn ACTION COMMITTEE STRATEGY Schools and Education - Goal #1: Schools, city government, and other service providers, successfully work together to provide a community based recreation activity program for young people. Strategy #1: Identify community resources for supporting/providing recreation and activity program for young people. ATTACHMENT LIST None FISCAL NOTES The cost budget for 5 different camps, 1 week long each, is $21,000.00. Last year we did receive a grant from ATF foh3,467.00 for camp and we did use all the grant money. We have applied again this year for the grant, but haven't heard whether we will be awarded the funding. AGENDA ITEM No. 8 Date: August 24, 2004 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Public Hearing APPEAL OF BULL MOUNTAIN ANNEXATION BALLOT TITLE FOR THE NOVEMBER 2, 2004 ELECTION Due to Time Constraints City Council Has Imposed 3- minute Time Limit on Testimony I:WDMIGREERICCSIGNUPIPH TESTIMONY LEG.DOC AGENDA ITEM NO.8 - APPEAL OF BULL MOUNTAIN BALLOT TITLE DATE: AUGUST 24, 2004 *No one will be heard out of order from the sign up list. *If you are not present when your name Is called, you may lose your opportunity to testify. *TIME LIMIT: 3 minutes per person. * Written testimony can be submitted in lieu of speaking, or submitted as part of oral testimony. PRINT NAME PRINT ADDRESS, PHONE NO. 503 (039 89sW 1 A ,.t *D. ELLLS T St Lm ~ s 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 1 AGENDA ITEM # FOR AGENDA OF August 24, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Conduct a Public Hearing on the Challenge of the Bull Mountain Annexation Ballot Measure for the November 2 2004, Election PREPARED BY: Jane McGarvin DEPT HEAD OK CITY MGR OK Bill Monahan ISSUE BEFORE THE COUNCIL Shall the City Council, after hearing a challenge or challenges to the Ballot Title, certify the Bull Mountain Annexation Ballot Title for the November 2, 2004 election? STAFF RECOMMENDATION Conduct the public hearing on the challenge to the ballot title concerning the proposal to submit the Bull Mountain Annexation to the voters on November 2, 2004. There has been one challenge received, there may be more by the August 19 deadline. INFORMATION SUMMARY On Tuesday, August 10, 2004, the Tigard City Council adopted Resolution 04-60, adopting the ballot title to place the Bull Mountain Annexation on the November 2, 2004 Election. The Tigard Municipal Code (TMC) Section 1.12.030 states, "Any elector dissatisfied with a ballot title filed with the City Elections Officer by the City Attorney or the City governing body, may petition the City Council seekinga different title and stating the reasons the title filed is insufficient, not concise or unfair. The petition shall be filed with the City Elections Officer not later than the seventh business day after the title is filed with the City Elections Officer. The City Council shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the City Elections Officer a title for the measure which meets the requirements of ORS 250.035 and 250.039. The review by the City Council shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors. The Tigard City Elections Officer has received one challenge to the Ballot Title concerning the proposal to submit the Bull Mountain annexation to the voters at the November 2, 2004 election; there may be more received by the deadline of August 19, 2004 at 5 p.m. On Tuesday, August 24, 2004 at 7;30 p.m. in the Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon, the Tigard City Council will hold a public hearing regarding any challenge(s) of the ballot title. The City Council's decision will be final. OTHER ALTERNATIVES CONSIDERED 1. Deny the challenge(s), and direct the City Elections Officer to certify the Ballot Title. 2. Amend the Ballot Title, and direct the City Elections Officer to certify the Ballot Title. 3. Delay consideration of the challenge. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management - Goal #2 - Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. Strategy #1 - Adopt criteria that outlines when and under what circumstances areas on Bull Mountain will annex. ATTACHMENT LIST 1. Resolution 04-60 Exhibit A - Map of the area proposed for annexation. Exhibit B - Explanatory statement to be submitted to Washington County for the Voters Pamphlet. 2. Memo from Henry Kane challenging the Ballot Title FISCAL NOTES If the election is held at the November 2, 2004 election, there will not be any cost to the City of Tigard. In the event this ballot measure is put on a different election date, the City of Tigard will need to pay its proportionate share of the costs for the election, which will be determined by the number of measures filed by other jurisdictions in Washington County. 11ADMICITY COUNCIL\040824 Bull Mtn ballot measure AIS.DOC CITY OF TIGARD, OREGON RESOLUTION NO.041~-& A RESOLUTION OF THE CITY COUNCIL OF THE AREAS TO THED SUBMITTING THE HE PROPOSED ANNEXATION OF BULL MOUNTAIN VOTERS OF CITY OF TIGARD AND TO VOTERS IN THE AREA PROPOSED TO BE ANNEXED WHEREAS, a public hearing was held. July 27, 2004, to receive public input on the proposed annexation of the Bull Mountain area to the City of Tigard, with additional written materials received until August 3, 2004; and WHEREAS, the City Council, after the public hearing, consideration of the additional written materials, and deliberation on August 10, 2004, has decided to submit the proposed annexation to the voters for their approval; and WHEREAS, the area proposed for annexation is within the Urban Growth Boundary and within Tigard Urban Service Area Boundary; and WHEREAS, the Urban Planning Area Agreement between the City of Tigard and Washington County identifies the City of Tigard as the logical provider of urban services to unincorporated Bull Mountain; and WHEREAS, the Tigard Urban Service Provider Agreement between Washington County, the City of Tigard, and districts that provide urban services in the area to be annexed contemplates annexation of the unincorporated Bull Mountain area by the City of Tigard; WHEREAS, the Tigard City Council has decided that it will count the votes from within the existing city limits separately from the votes from within the area to be annexed (double majority); WHEREAS, the Tigard. City Council has determined that property taxes for the area to be annexed can be phased-in over a three year period without affecting the ability of the City to provide services within the City or in the area to be annexed; WHEREAS, after a public hearing on August 10, 2004 and due consideration, the Tigard City Council decided to approve the ballot measure for annexation of the Bull Mountain area as described below; RESOLUTION NO. 04 - Page 1 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An election is hereby called in and for the City of Tigard and the area proposed for annexation for the purpose of submitting to the legal voters the following question: Shall unincorporated Bull Mountain be annexed to Tigard? SECTION 2: Tuesday, November 2, 2004, is hereby designated as the date for holding the election for the purpose of voting on the measure as stated in the above paragraph. SECTION 3: The election will be conducted by the Washington County Elections Department. SECTION 4: The precincts for said election shall be and constitute all of the territory included within the corporate limits of the City of Tigard and within the area proposed for annexation as shown in the attached map (Exhibit A). The election shall be conducted under the double majority provisions of ORS 222. SECTION 5: The ballot title to appear on the ballots shall be: CAPTION Annexation by Tigard of Bull Mountain areas. QUESTION Shall unincorporated Bull Mountain be annexed to Tigard? SUMMARY - Approval would annex the following territory to Tigard effective July 1, 2005: North of center of Beef Bend Road to 15011 Ave.; East of center of 1501' Ave.; North of south line of French Prairie and Meyer's Farm subdivisions to southerly extension of west line of The Woods subdivisions; East of west line of Kerron's Crest, Tuscany, The Woods subdivisions, and the southerly extension of west line of The Woods subdivisions to westerly extension of RESOLUTION NO. 04 - ~ Page 2 south line of Meyers Farm; South of SW Barrows Road to BPA power lines; West of BPA power lines to north line of High Tor subdivisions; South of north line of High Tor subdivisions; West of east boundary of High Tor subdivisions; South of city limits. Property taxes in annexed area would be: FY05-06: 50% of City's rate, FY06- 07: 75%, 100% thereafter. SECTION 6: The Council adopts the Explanatory Statement for the measure that is attached to this Resolution (Exhibit B). SECTION 7: The City Recorder and other staff shall take all necessary steps to effectuate this resolution. SECTION 8: This resolution is effective immediately upon passage. 1L daY of ~(Zgg% ,-2004. PASSED: This 4Craigrrksenn, Mayor ATTEST: e McGarvin, Deputy City Recorder RESOLUTION NO. 04 - Page 3 XMI: y ksT1 % ~Y`% Sy i r we S - GEOGRAPHIC INFORMATION SYSTEM BULL MOUNTAIN t~ `ri+ Cs v Annexation Plan Area i- ~ - r ~h Tipald Cey umea ,Yn •t s Annexation Ran Area xw~~ .l as I sF H l` ,I IkC~~ ~ y~"8' eelre .t naeroAre,r.,ro ti R N t J 0 1000 26ob 3000 F X . - i Y 1 1r "f w 1'e 2000 feet ~ .ge-? H. z x - ~ - 1t" r - Cith~ of Tig3ud M .y ~ - P'•L° IntOlTi On Ws mep is br genwal loosdorl way si shmid be verilhd whh the Development SarWOOS DMIlon. .,c-•~ F ~k'~2y S / „~",`..3j 3 13121'dSIN OR 17223 .4 (503) 639.4171 ME EM , - M hbP•IAvww.aAlga o.or.us Community Development Produced: August IM 2004 Exhibit B This measure, if approved in both the City and in the area proposed for annexation, would annex the unincorporated Bull Mountain area into Tigard effective July 1, 2005, and withdraw the area from the Tigard Water District, Washington County Street Lighting District, Washington County Enhanced Sheriff's Patrol District, and the Urban Road Maintenance District. The area is within the UGB. The area includes areas west of the existing City limits, north of Beef Bend, south of Barrows. The area does not include UGB expansion areas 63 and 64. Property owners in the unincorporated Bull Mountain would no longer pay for county special service districts such as road maintenance, Enhanced Sheriff's Patrol, and street light maintenance. City property taxes for the area to be annexed would be phased in over three years. City property taxes in the area proposed for annexation for the first year after annexation (fiscal year 2005-06) would be set at 50% of the City's tax rate; City property taxes for the second year (fiscal year 2006-07) would be set at 75% of the City's tax rate, and City property taxes for all later years would be at 100% of the City's rate. Annexation would result in a property tax increase of approximately 8.3% to 8.4% within the area to be annexed, based on the amount payable in the third year after annexation. Property owners within the area to be annexed would begin paying property taxes to the City of Tigard, but would stop paying some property taxes to Washington County. Property with an assessed value of $250,000 would experience a net property tax increase of $317 in the third year. The area would be subject to the City's street maintenance fee on annexation. Other charges may also increase. The annexation would create an increase in revenue to the City of Tigard, but the City would have higher operating costs. Increased revenue to the City includes additional state shared revenues, system development charges, traffic impact fees, franchise fees and property taxes. Property taxes for existing City property owners will not increase as a result of this annexation. Annexation of the Bull Mountain area would not impact service levels for existing city residents. The City would become responsible for capital improvements in the Bull Mountain area. Newly annexed residents would receive: I . More police officers per 1000 population. Shorter emergency response times. More police resources committed to youth and prevention programs. 2. Broader civic participation and voting power in the affairs of the City of Tigard. 3. A program to provide more traffic calming programs. 4. Road maintenance improvements including roadside mowing and more frequent maintenance on roads where jurisdiction is transferred from Washington County to the City of Tigard. Exhibit B 5. Park system planning, land acquisition and park development. 6. Improved Code enforcement services. Newly annexed residents and existing City residents would be involved in updating the Comprehensive Plans for both the City and the Bull Mountain areas. Henry Kane 12007 SW Camden Lane Beaverton, Oregon 97008 503.643-4054 EXPEDITED CONSIDERATION SUGGESTED August 12, 2004 RECEIVED Mayor Craig Dirksen AUG 1 2004 and Councilors 3 ~9 Per CITY OF TIGARD Tigard City Council MIMING DIVISI City Manager Bill Monahan 7'C~u-e~=3W Iu: City Attorney Tim Ramis Re: Objections to failure of the Tigard City Council to conduct a public hearing as advertised, to receive testimony on the ballot title for Tigard's election on annexation of unincorporated Bull Mountain territory to Tigard ORS 250.296 sets forth the "Procedure for elector dissatisfaction with title of city measure." Opponent Kane reserves the right to file an ORS 250.296(1) petition "not later than the seventh business day after the title is filed with the city's election officer." Sirs: Recommendation The Tigard City Council should, at a special meeting no later than Tuesday, August 17, 2004 to cancel Resolution to 04-60, then adopt an amended or new ordinance containing a ballot title complying with ORS 250.035 and ORS 222.130: "(1) * * * Notwithstanding OS 250.035, the statement summarizina the measure and its major effect shall not exceed 150 words." (emphasis added) The Tigard City Council may decide to cancel the annexation election, then start fresh and produce factually and legally adequate legal notices, staff report, Annexation Plan, and annexation ballot title. Facts and Law in Support of Objections Attached to this document is a true copy of City of Tigard Resolution 04-06, dated August 10, 2004. Exhibit B to Resolution 04-60 is the "Summary." The summary, without the incomplete metes and bounds legal description, exceeds 150 words. Subject to more legal research, I submit that the legal description of the territory to be annexed is not part of the 150-word summary. A three-page document I found in City annexation plan files indicates the metes and bounds of the proposed Bull Mountain is much longer than the legal description in the summary part of the ballot title. To reduce repetition, I incorporate by this reference my oral testimony on August 10, 2004, and attached August 10, 2004 written testimony re: "Illegal published notice of ballot title for Bull Mountain annexation election." It bears the August 10, 2004 RECEIVED stamp of the City of Tigard Building Division. I testified at the August 10, 2004 "public hearing" on the proposed ballot title that I could not testify on validity of the proposed ballot title when the "NOTICE OF PUBLIC HEARING PROPOSED CITY OF TIGARD BALLOT MEASURE FOR THE NOVEMBER 2, 2004 ELECTION" does not contain a ballot title. The notice published August 5, 2004 states: "The Tigard City Council will conduct a public hearing to receive comments from voters on a proposed ballot measure * * * „ (emphasis added) The public hearing was not on the merits or demerits of the proposed annexation because the opportunity to offer written testimony expired August 3, 2004. 1 testified at the August 10, 2004 public hearing on the "ballot title" that I was not able to comment on the ballot title caption, question, and summary statement because the notice did not contain the ballot title caption, question. or summary statement. My understanding is that the Tigard City Council has scheduled a public hearing August 25, 2004 on the annexation ballot title. That would be a waste of time because under date of August 10, 2004, Mayor Dirksen signed the attached copy of Resolution No. 04-60: 2 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE PROPOSED ANNEXATION OF BULL MOUNTAIN AREAS TO THE VOTERS OF THE CITY OF TIGARD AND TO VOTERS IN THE AREA PROPOSED TO BE ANNEXED." City of Tigard Resolution No. 04-60, starting at page 4, states: "SECTION 5 The ballot title to appear on the ballot shall be: "CAPTION "QUESTION "SUMMARY * * * " I did not receive a copy of what became said Resolution 04-60 before the August 10, 2004 public hearing hence was not able to testify on proposed ballot title deficiencies and to offer suggestions for complying with ORS 250.035, the ballot title law prescribing and mandating the contents of the ballot title in said Resolution 04-60. Parenthetically, Tigard might wish to adopt the substance of the following City of Beaverton procedure for giving advance notice of staff reports and other documents the Beaverton City Council will consider at a council meeting: The preliminary and then final agenda, plus staff reports and proposed ordinances, resolutions, and other documents the City Council will receive, consider and act on, is made available inside the entrance to the Office of the Mayor on the third floor of the Beaverton City Hall. Anyone can order copies of said documents before the council meeting. Had I received what became said Resolution 04-60 before the hearing, I would have been able to offer at least some of the following objections: The legal description is insufficient as a matter of law The summary does not disclose that reduced property taxes from annexed Bull Mountain for two years after annexation, while providing city services to the annexed area, would materially reduce services to ore-annexation City of Tigard homeowners and other residents and businesses. 3 Therefore, the summary errs in claiming that "Annexation of the Bull Mountain area would not impact service levels for existing residents." The summary admits that "The City would become responsible for capital improvements in the Bull Mountain area," but does not disclose the millions of dollars pre-annexation property owners would pay for capital improvements in the annexed area. The hearing record, staff report and July 14, 2004 Annexation Plan do not support the claim that "Property taxes for existing City property owners will not increase as a result of this annexation." The summary does not disclose that annexed Bull Mountain home owners would pay property taxes to pay principal and interest on Tigard's library bond issue The hearing record, staff report and July 14, 2004 Annexation Plan do not support either of the following summary claims: "Annexation would result in a property tax increase of approximately 8.3% to 8.4% within the area to be annexed, based on the amount payable in the third year of annexation." "Property with an assessed value of $250,000 would experience a net property tax increase of $317 in the third year." The hearing record and staff report and July 14, 2004 Annexation Plan, do not support post-hearing claims that: "Newly annexed residents would receive: "1. More police officers per 1000 population. Shorter emergency response times. More police resources committed to youth and prevention programs. "3. A pro§ram to provide more traffic calming programs. [Attached to this document is a true copy of the August 12, 2004 Oregonian article titled "Sheriff wins accreditation for department." [The hearing record demonstrates that the Tigard Police Department is under-staffed and under-funded, and therefore the City of Tigard has the highest reported FBI crime rate in the region with the exception of the City of Portland.] 4 "4. Road maintenance improvements including roadside mowing and more frequent maintenance on roads where jurisdiction is transferred from Washington County to the City of Tigard. "5. Park system planning, land acquisition, and park development. "6. Improved Code enforcement service." The summary errs in claiming: "Newly annexed residents and existing City residents would be involved in updating the Comprehensive Plans for the Bull Mountain area." The above-quoted claim is contradicted by the first page of the attached 11/26/98 "Chapter 18.320 / ANNEXATIONS," Section 18.320.C. It states that City of Tigard Comprehensive Plan and zoning would be applied automatically when territory is annexed to Tigard: "C. Assignment of comprehensive plan and zoning designations. "The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation, (no paragraph) The assignment of these designations shall occur automatically and concurrently with the annexation. * (emphasis added) Based on my ballot title litigation experience, I am familiar with how the Secretary of State decides whether a proposed initiative or referendum measure complies with the Oregon Election Code. He relies on the legal advice of the Attorney General. Years ago, when I was subscribing to the Secretary of State's ballot title service, I notified Secretary of State Bill Bradbury that a proposed initiative measure egregiously violated the one subject provision of the Oregon Constitution. After receiving the advice of the Attorney General, Mr. Bradbury rejected the measure I had challenged. 5 Subject to more legal research, I suggest that the Washington County Director of Elections, on the advice of the Washington County Counsel, has the authority to reject the City of Tigard's Bull Mountain annexation ballot tide on the ground that it violates ORS 250.035 and ORS 222.130. Please note that I am forwarding copies of this letter and attachments to Washington County Counsel Dan Olsen, and Mickie Kawai, Washington County Director of Elections, for their information and appropriate action. Since ly, enry Kan , Opponent Encls C: Washington County Counsel Dan Olsen Mickie Kawai, Washington County Director of Elections media and others 6 Oregonian August 12, 2004 THE OREGONIAN s THURSDA~AUGUST 12, 2004 METRn/l TIGARD BuU Mountain gets vieto pursue annexation of the unincor- AMNEXING 811U t6 OWTAIN The double-majority vote Porated area using a double- The Tigard city council has approved the will require Tigard and Bull majorityvoting method. Bull Mountain Annexation Plan that would That decision is sure to come as add 1,376 acres and more than 7,000 Mountain to approve the a wake-up call for cities in Oregon residents The annexation Is headed for the November ballot where city voters as well proposal separately seeking to annex large swaths of as Bull Mountain voters must separately territory around therm approve a for a to pass. By PATRICK HARRINGTON A double majority requires both rimed THEOREGONIAN communities to approve the an- TIGARD - Bull Mountain vot- nexation separately. That essential- erswill get to decide their own fate ly gives Bull Mountain's 7,600 resi- ,111 Y . - in November, as the Tigard City dents, who will have to pay higher Council placed an annexation taxes as a part of Tigard, veto pow- T I GA, R o measure on the ballot. er over the election even if Tigard Buu. The decision late Tuesday came residents vote to annex them. sw. cif Wountain after months of heated City Coup- For months, city officials said MOUNTAIN cil testimony and accusations from they had planned to use a single- 0 72 - AREA vocal Bull Mountain residents that majority vote on the November fir' sw.aeef sBd cl lc~ Tigard, population 44,000, was ballot in an attempt to bring in the 14 ' v forcing the annexation on them. 1,376-acre area. Such a method LESLIE LAVERNE/THE OREGONIAN But after two decades of planning would count the votes in Tigard the annexation, councilors said and Bull Mountain together. that a law passed in 1997 required Tuesday night that the city doesn't The last-minute reversal came cities in the metro area to use a plan on stopping now. after lawyers for Tigard and Wash- double-majorityvote. "Bull Mountain is and has al- ington County cautioned that pur- ways been part of the Tigard corn- suing the single-majority vote The council approved the munity," Mayor Craig Dirksen said. could expose the city to litigation it double-majority vote Tuesday with "Everything else is just smoke and might not win. Such advice result- an incentive: If voters approve the mirrors." ed, to large degree, from an argu- annexation in November, the city But just as noteworthy as the ment presented by attorney Larry will phase in its property taxes over city's- decision to move fonvaro I'r:rr, %vho was hired by &,t: riends three years. was how it would do so: voting to ii 3uh Mountain group, I to argued Councilors also rejected a bid by Oregonian, August 12, 2004 NORTHWEST 3M W C3 ® A power m annexatio,,~ vote King City to pursue annexation of "I think they put the best face November to persuade voters in the southern Bull Mountain area. on it that they cnuld," said Bull Bull Mountain to approve the an- Encouraged by Bull Mountain resi- Mountain resident Dick Franzke, nexation. dents hoping to prevent annexa- a lawyer who had threatened the Meanwhile, Tigard's reversal lion by Tigard, I(ing City launched city with legal action. "I think it had already begun to catch the a study of a potential annexation was pretty transparent that they attention of residents in other and concluded that it would bring had their nose bloodied, and rath- communities fearing annexation needed revenue to the cash- er than go down for the count in from nearby cities. strapped retirement community. front of everyone they found a Steve Lawhead, who lives in the Before deciding on the double- graceful way out" Rosewood neighborhood near majority vote, councilors, while Washington County adminis- Lake Oswego, said he had feared a they chastised the Bull Mountain trator Charles Cameron said he single-majority annexation. residents who had hurled insults was surprised at how the legal en- "A lot of these cities are trying to at them during previous meetings, vironment seemed to change late get as much land as they can, turd sought to convince them that an- in the process. there are alot of people out there nexation was in their best interest. "I was disappointed that it that don't want to be part of the "If we could get a little help came up late," Cameron said. city," he said. "I don't want to get a from the folks on Bull Mountain it "This whole process has been a permit anytime I turn around to would go faster," Councilor Nick roller coaster from the beginning." trim a tree or paint my house." Wilson said of the annexation, Cameron said he thought the Lake Oswego Mayor Judie which he said was in the best legal conflicts leading to the rever- Hammerstad said that while the interest of both communities. sal were unintended. city had not settled on such a vote City Councilor Tom Woodruff "Most people agree that the po- and did not want to bring in anp argued that annexation would tential conflict between the stat- citizens, she wanted to see howTi- give Bull Mountain residents a di- utes was inadvertent," he said. gard's annexation bid played out. rect say in the democratic process. Cameron said, however, he did "It's nice that Tigard has been "You are going to be owners of not believe that the single majority sort of the lightning rod.... Get- the city," he said. vote should be the only way to ling burned on that sort of thing is Those who had hoped the city purse an annexation. not fun," she said. would use the double-majority "I think there needs to be multi- vote all along met the decision pie tools," he said, adding that Patrick Harrington: 503.294-5968,• with glee and skepticism. there was still a lot of time before pharrington@news.oregonian.com NEW Oregonian, August 12, 2004 Sheriff wins accreditation for department ing the professionalism of an agen- countable to them," he said, "the Washington County Sheri c while reducing its potential civil product will improve." liability in court. The Sheriffs Office wrote poli- Rob Gordon says his office it is fairly common among East ties covering 444 areas of its rou- needed standards to lift Coast law enforcement agencies, tine business - from office proce- commission representatives have dures to the way prisoners are tak- professionalism said. It is not yet as common en to and from jail. By JOHN SNELL among West Coast police agencies. Gordon emphasized that the THE oxecoNlAN "you have to go back to our his- commission told the department to and look at what brought us to only that it needed policies in cer- 1(ILLSBORO -The Washington taint areas. It didn't tell them what County Sheriffs Office has won na- this, Sheriff Rob Gordon said the policies should be. donal accreditation. During an 11-month period in 2000, sheriffs deputies allowed a Gordon said accreditation swill it is the first sheriffs office in the confessed rapist to escape after a help the department be more pro- state to be accredited. it s also the court appearance, turned away a fessional. Departments with set largest law enforcement agency, in woman wanted in connection with standards aren't as likely to have Oregon to receive the distinction. a high-profile homicide case and people creating procedures on the The department had worked for let a handcuffed man escape from fly. Gordon said he thinks such ac three years to become accredited the back seat of a patrol car. by the Commission on Accredita- "As we researched those creditation is the wave of the fu- don for Law Enforcement Agen- events," Gordon said, "we looked ture- cies, based in Fairfax, Va. to get to the base cause." "I would bet that within the next The group assesses police agen- The problem, he said, was that decade, you'll see all the agencies in the Portland ties to determine whether they too often the department lacked area become ac- meet national standards in the way professional standards to guide it credited," he said they operate. "I found that if you can model accreditation is generally pracdces and training on national John Snell: 503-294.5949; thought of as a means of improv- standards and hold people ac- johnsnellydnews.oregonian.com a 02 GONSULTINU 3015 P,5 i. ' CITY OF TIGARD, OREGON RESOLUTION NO. 0460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE PROPOSED ANNEXATION OF BULL MOUNTAIN AREAS TO THE VOTERS OF THE i CITY OF TIGARD AND TO VOTERS IN TIME AREA PROPOSED TO BE ANNEXED WHEREAS, a public heardug was held, July 27, 2004, to receive public input on the proposed annexation of the Bull Mountain area to the City of Tigard, with additional written materials received instil August 3,2004; and WHEREAS, the City Council, after the public hearing, consideration of the additional written materials, and deliberation on August 10, 2004, has decided to submit the proposed annexation to the voters for their approval; and I WIC UW. the area proposed for annexation is within the Urban Growth Boundary and within Tigard Urban Servioe Area Boundary; and Agre=wt between the City of Tigard and Washington WHEREAS, the Urban Planning Area. County identifies the City of Tigard as the logical provider of urban services to unincorporated Bull Mountain; and WHEREAS, the Tigard Urban Service Provider Agreement between Washington Coutrty, the i City of Tigard, and districts that provide urban services in the erca to be annexed eontrr iates annexation of the mducorporated Bull Mountain area by the City of Tigard; WHEREAS, the Tigard City Council has decided that it will count the votes from within the existing city limits separately from the votes from within the area to be annexed (double majority); I WHEREAS, the Tigard City Council has detamiried that property taxes for the area to be au cnA can be phased-in over a flute yuar period without affectiug the ability of the City to i provide services within the City or in the area to be annexed; i WHEREAS, after a public hearing on August 10, 2004 and duo consideration. the Tigard City Counail decided to approve the ballot measure for annexation of the Bull Mountain area as described below; i RESOLUTION NO. 04 - Page 1 P. NOW, T1•lEMORE, BE IT RESOLVED by the Tigard City Council that. SECTION 1: An election is hereby called in and for the C* of Tigard and the area proposed for annexation for the purpose of submitting to the legal voters the following question: Shall unincorporated Bull Mountain be annexed to Tigard? SECTION 2: Tuesday, November 2, 2004, is hereby designated as the date for holding the el®ciion.for the purpose of voting on the measure as stated in the above paragraph. SECTION 3: The election will be conducted by the Washington County Elections Department. SECTION 4: The precincts for.said election shall be and constittu all of the territory included within the corporate limits of the City of Tigard and within the area proposed for annexation as shown in the attached map MxWbit A). The election shall be conducted under the double majority provisions of ORS M. SECTION 5: The ballot title to appear on the ballots shall be: Cpl Pa70N Annexation by Tigard of Bull Mountain areas. ' 01WEV_ I Shall unincorporated Bull Mountain be aonexed to Tigard? SUMMARY Approval would annex tho following territory to Tigard effective July 1, 2005: North of center of Beef Bend Road to 150` Ave.; East of center of 150x' Ave.; North of south line of Preach prairie and Meyer's Farm subdivisions to southerly extension of west line of he Woods subdivisions; East of west line of Kerron's Crest, Tuscany, The Woods subdivisions, and the southerly . extension of vmd line of The Woods subdivisions to westerly extension of j . RESOLUTION NO. 04 -~00 Page 2 ug a 02 CUNSULTING 1 p.7 south line of Meyers Fanr1; South of SW Barrows Road to BPA power lines; Watt of HPA power lines to north line of High Tor subdivisions; South of north line of High Tor subdivisions; West of east boundary of High Tor subdivisions; South of city limits. Property taxes in mnexed area would be: FY05-06: 50% of City's rate, FY06- 07: 75%,100%thereafter. SECTION 6: The Council adopts the Explanatory Statemo:ot for the rno=e that is attached to this Resolution (Exhibit B). SECTION 7: The City Recorder and other staff shall take all necessary steps to effectuate this resolution. SF.(:TION 8: This resolution is effective immediately upon passage. PASSED. This day of 2004. f Craig Mayor ATTEST: I i eCsarvin, Deputy tiny Recorder i 1 i RESOLUTION NO. 04 - Page 3 i 15 P.8 1 590 so EXHIBIT A a x z _ ~ICE ? F 4 }a, RUM r. jfr p.- k t •t: ~'i . Q r. ` l~l I , • c Exhibit 13 This measure, if approved In both the City and in the area proposed for annexation, would annex the unincorporated Bull Mountain area Into Tigard effective duly 1, 2005, and withdraw the area from the Tigard Water District, Washington County Street Lighting District, Washington County chanced Sheriff's Patrol District, and the Urban Road Maintenance District. The area is within the UGB. The area includes areas west of the existing City limits, north of Beef Bend, south of Barrows. The area does not include UGB expansion areas 63 and 64. Property owners In the unincorporated Bull Mountain would no longer pay for county special service districts such as road maintenance, Enhanced Sheriff's Patrol, and sweet light maintenance. City-property taxes for the area to be annexed would be phased In over three years. City property taxes in the area proposed for annexation for the first year after annexation (fiscal year 2005-06) would be set at 50% of the qty's tax rate; City property Taxes for the second year (fiscal year 2006.07) would be set at 75% of the City's tax rate, and City property taxes for ail later years would be at 100% of the City's rate. Annexation would result in a property tax increase of approximately 8.3% to 8.4% within the area to be annexed, based on the amount payable In the third year after annexation. Property owners within the area to be annexed would begin paying property taxes to the City of Tigard, but would stop paying some property taxes to Washington County. Property with an assessed value of $250,000 would experience a net property tax Increase of $317 in the third year. The area would be subject to the Qty's street maintenance fee on mwdon. Other charges may also Increase. The annexation would create an increase in revenue to the City of Tigard, but the City would have higher operating costs. Increased revenue-to the City Includes additional state shared revenues, system development charges, traffic Impatt fees, franchise fees and property taxes, Property taxes for existing City property owners will not increase as a result of this annexation. Annexation of the Bull mountain area would not impact service levels for existing city residents. The City would become responsible for capital Improvements in the Bull Mountain area. Newly annexed residents would receive: 1. More police officers per 1000 population. Shorter emergency response times. More police resources committed tolouth and•preventionprograms. 2. Broader civic participation and voting power in the affairs of the City of Tigard. 3. A program to provide more traffic calming programs. 4. Road maintenance improvements including roadside mowing and more frequent j maintenance on roads where jurisdiction Is transferred from Washington County to the City of Tigard. ML I P. 5. Park system planning, land acquisition and park development. Exhibit B 6. Improved Code enforcement services. Newly annexed residents and existing City residents would be involved in updating the Comprehensive Plans for both the City and the Bug Mountain areas. 9 w Henry Kane 12077 SW Camden Lane Beaverton, Oregon 97008 503.643-4054 CEN ED ,AUG 20 August 10, 2004 E;ITY'11= TIGNP, C; ls~N Hon. Craig Dirksen, Mayor r3UILD N(a Dw 'I cam" and Councilors 'etiva Tigard City Council City Manager Bill Monahan City Attorney Timothy Ramis Re: Illegal published notice of ballot title for Bull Mountain annexation election Sirs: Attached is the notice of public hearing on the ballot title for the proposed Bull Mountain annexation published in the August 5, 2004 Tigard Times. ORS 250.041(2) makes city initiative and referendum measures subject to ORS 250.005 to 250.037. The notice lacks the required ORS 250.035 ballot title caption, question and summary, and is therefore illegal, invalid and void. The attachment does not contain the complete metes and bounds of the territory Tigard proposes to annex. The legal description in the published notice is a small fraction of the legal description of some three pages in the voluminous Tigard annexation file I recently inspected. To survive a court challenge, the legal notice and measure referred to Tigard and Bull Mountain voters for double majority votes must identify the complete metes and bounds description of the territory Tigard proposes to annex. If asked, Washington County might state the city must prove that it gave notice complying with the law governing ballot titles and legally sufficient description of the territory Tigard proposes to annex. Otherwise, the county might not place the Bull Mountain annexation referendum on the November 2004 election ballot. In short, the city must publish a new ballot title notice with caption, question, summary and complete legal description of the territory subject to annexation. enr Kane, /Opponent ' Tigard Times August 5. 2004 NOTICE OF PUBLIC HEARING PROPOSED CITY OF TIGARD BALLOT MEASURE FOR THE NOVEMBER 2, 2004 ELECTION The Tigard City Council will conduct a public hearing to receive comments from voters on a proposed ballot measure concerning the Bull Mountain Annexation Plan pending approval of the Plan after a public hearing on July 27, 2004 which was continued for deliberation and consideration on August 10, 2004. The hearing on the proposed Tigard ballot measure on the Annexation . Plan will be held on Tuesday, August 10, 2004, at 7:30 p.m. in the. Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. During the hearing, the Council will consider forwarding to Tigard and Bull Mountain voters the following: A proposed ballot measure annexing territory in the Tigard Urban Growth Boundary (UGB) as provided in the Bull Mountain Annexation Plan. Approval would approve, the Bull Mountain Annexation Plan and annex the following territory to Tigard effectivq Juky 1, 2005: The prt%perty North of the center line of SW~eef Bend Road to 150 Ave.; East of the center line of 150 Ave.; North of the south line of French Prairie and Meyer's Farm subdivisions to the southerly extension of the west line of The Woods subdivision; East of the west line of the Kerron's Crest subdivisions, Tuscany, the Woods subdivisions, and the southerly extension of the west line of The Woods' subdivision to the westerly extension of the south line of Meyers Farm; South of SW Barrows Road to the BPA Power line; West of the BPA power lines to the north line of High Tor subdivision; South of the north line of High Tor subdivisions; West of the east boundary of High Tor subdivision; South of existing city limits. Includes island within the existing city limits. In the event Council does not accept the Bull Mountain Annexation Plan, this hearing will not be held. Further information may be obtained from Deputy City Recorder Liz; Newton at liz®cUlgard.orus or De uty City Recorder/City, Elections Officer Jane McGar-6n at jane(n ci.ti gard orus;13125 SW'. Hall Boulevard, Tigard, OR 97223; telephone, 503-6394171. VIOWY MAP eo6 i. - C1tpfl7.- 4TEAREA I z - j k i ~ A i e`~O A i - TT 10459 - Publish August 5, 2004. • Chapter 18320 ANNEXATIONS Sections: 18320.010 Purpose 18320.020 Approval Process and Standards 18320.010 Purpose A. Purpose. The purpose of this chapter is to: 1. Implement the policies of the comprehensive plan; 2. Provide for City review of all annexation requests for a determination of the availability of facilities and services as related to the proposal; 3. Provide for City and County coordination of annexation requests; and 4. Provide for an expedited process by establishing procedures whereby the annexation and rezoning may be considered concurrently. 18320.020 Approval Process and Standards A. Approval Process. Annexations shall be processed by means of a Type IV procedure, as governed by Chapter 18390 using standards of approval contained in Subsection' B2 below. 1 B. Ayroval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1: All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and 2. The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the CitYs zon1 9 district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved D. Conversion table. Table 320.1 summarizes the conversion of the County's plan and zoning designations to City designations- which a_re most similar. Am ns I SJ20-1 I U168 { Entered into the Record on S _ By: Eden G~xlnw~fa Agenda Item# Exhibit vt t, DECEIVED C.O.I. ~z_,~/ SAN A,GG-_~ovl~~~ - - AIN 1 J 2J~4 3 zoo"'. ~aa.3 A(~ ~iniistra'uol~l i ~i fed r Cc a d ey ba CCa ')1va.sv_m /Z"li ew 9vll wl?hu~- areas. rs c~ to 'eCi. rj . tir 141141AC IWO K"ah 7, / ge'~'amfx .,o_ ScJGJJeGJ~- / fS _ Y~,oYe6Y f ve-417 n' I A i~ 2 ii i i dol , he aa~=- h_ A14 a4lL ' -s__~rf _.Iwj _ on ' ,l3_.v/l _Ally 4u,4 yeao~f -06;G __IOmReelI & . _Gvl /r die _ a _ re- ca- m oe M.1 j !M~ Ov- ~y' G✓ be, au~ #-P, _ IWI Cdr- 5t/CA aS rr*e RU _ 7 h o r ~~ra a6vieGy 7%t lie A d4 ACdAol New Gt//eo bass. - G✓o~w~d . lie, izctirce~',rh j~ (f # Cf) ~ G,/ttiOU Of - jam- - ~ _ - ~ -re f end -Abel 41*e lei - _ M*A T #9 13,1111 AA.c v~ 4 v _r/Gl _1D f - _ Entered into the Record on By:-[lM/nT~ ~~G r74~7 Agenda item# V Exhibit o2 CITY OF TIGARD, OREGON RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING THE PROPOSED ANNEXATION OF BULL MOUNTAIN AREAS TO THE VOTERS OF THE CITY OF TIGARD AND TO VOTERS IN THE AREA PROPOSED TO BE ANNEXED WHEREAS, a public hearing was held July 27, 2004, to receive public input on the proposed annexation of the Bull Mountain area to the City of Tigard, with additional written materials received until August 3, 2004; and WHEREAS, the City Council, after the public hearing, consideration of the additional written materials, and deliberation on August 10, 2004, has decided to submit the proposed annexation to the voters for their approval; and WHEREAS, the area proposed for annexation is within the Urban Growth Boundary and within Tigard Urban Service Area Boundary; and WHEREAS, the Urban Planning Area Agreement between the City of Tigard and Washington County identifies the City of Tigard as the logical provider of urban services to unincorporated Bull Mountain; and WHEREAS, the Tigard Urban Service Provider Agreement between Washington County, the City of Tigard, and districts that provide urban services in the area to be annexed contemplates annexation of the unincorporated Bull Mountain area by the City of Tigard; WHEREAS, the Tigard City Council has decided that it will count the votes from within the existing city limits separately from the votes from within the area to be annexed (double majority); WHEREAS, the Tigard City Council has determined that property taxes for the area to be annexed can be phased-in over a three year period without affecting the ability of the City to provide services within the City or in the area to be annexed; WHEREAS, after a public hearing on August 10, 2004 and due consideration, the Tigard City Council decided to approve the ballot measure for annexation of the Bull Mountain area as described below; RESOLUTION NO. 04 - Page 1 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An election is hereby called in and for the City of Tigard and the area proposed for annexation for the purpose of submitting to the legal voters the following question: Shall unincorporated Bull Mountain be annexed to Tigard? SECTION 2: Tuesday, November 2, 2004, is hereby designated as the date for holding the election for the purpose of voting on the measure as stated in the above paragraph. SECTION 3: The election will be conducted by the Washington County Elections Department. SECTION 4: The precincts for said election shall be and constitute all of the territory included within the corporate limits of the City of Tigard and within the area proposed for annexation as shown in the attached map (Exhibit A). The election shall be conducted under the double majority provisions of ORS 222. SECTION 5: The ballot title to appear on the ballots shall be: CAPTION Annexation by Tigard of Bull Mountain with phased in taxation. QUESTION Shall unincorporated Bull Mountain be annexed to Tigard with city taxes phased in for two years within the annexed areas? SUMMARY Approval would annex the following territory to Tigard effective July 1, 2005: North of center of Beef Bend Road to 150th Ave.; East of center of 150th Ave.; North of south line of French Prairie and Meyer's Farm subdivisions to southerly extension of west line of The Woods subdivisions; East of west line of Kerron's Crest, Tuscany, The Woods subdivisions, and the southerly extension of west line of The Woods subdivisions to westerly extension of JVUL11 z i11s__11G of w1V1G~'G1J ,r__._rs r... 1'at_. South of SW Barrows Road to BPA power lines; ut„.,, uv..... West of BPA power lines to north line of High Tor subdivisions; South of north line of High Tor subdivisions; West of east boundary of High Tor subdivisions; South of city limits. RESOLUTION NO. 04 - Page 2 All city taxes, including property taxes and bond or serial levies in the annexed area would be: FY05-06: 50% of City's rate, FY06-07: 75%, 100% thereafter. SECTION 6: The Council adopts the Explanatory Statement for the measure that is attached to this Resolution (Exhibit B). SECTION 7: The City Recorder and other staff shall take all necessary steps to effectuate this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of , 2004. Craig Dirksen, Mayor ATTEST: Jane McGarvin, Deputy City Recorder RESOLUTION NO. 04 - Page 3 Explanatory Statement Exhibit B This measure, if approved in both the City and in the area proposed for annexation, would annex the unincorporated Bull Mountain area into Tigard effective )uly 1, 2005, and withdraw the area from the Tigard Water District, Washington County Street Lighting District, Washington County Enhanced Sheriff's Patrol District, and the Urban Road Maintenance District. The area is within the UGB. The area includes areas west of the existing City limits, north of Beef Bend, south of Barrows. The area does not include UGB expansion areas 63 and 64. Property owners in the unincorporated Bull Mountain would no longer pay for county special service districts such as road maintenance, Enhanced Sheriff's Patrol, and street light maintenance. All city taxes, including property taxes and bond or serial levies for the area to be annexed, would be phased in over three years. City property taxes in the area proposed for annexation for the first year after annexation (fiscal year 2005-06) would be set at 50% of the City's tax rate; City property taxes for the second year (fiscal year 2006-07) would be set at 75% of the City's tax rate, and City property taxes for all later years would be at 100% of the City's rate. Annexation would result in a property tax increase of approximately 8.3% to 8.4% within the area to be annexed, based on the amount payable in the third year after annexation. Property owners within the area to be annexed would begin paying property taxes to the City of Tigard, but would stop paying some property taxes to Washington County. Property with an assessed value of $250,000 would experience a net property tax increase of $317 in the third year. The area would be subject to the City's street maintenance fee on annexation. Other charges may also increase. The annexation would create an increase in revenue to the City of Tigard, but the City would have higher operating costs. Increased revenue to the City includes additional state shared revenues, system development charges, traffic impact fees, franchise fees and property taxes. Property taxes for existing City property owners will not increase, and service levels to existing city residents will not decrease, as a result of this annexation. Annexation of the Bull Mountain area would not impact service levels for existing city residents. The City would become responsible for capital improvements in the Bull Mountain area. In comparison to the services that Washington County provides residents of the Bull Mountain annexation area, the City of Tigard provides its residents with more police officers per 1000 population, shorter police. emergency response times, more park facilities, traffic calming programs, and more frequent road maintenance services. If annexed, Bull Mountain residents would receive broader civic participation and voting rights in the City of Tigard. Newly annexed residents and existing City residents would be involved in updating the Comprehensive Plans for both the City and the Bull Mountain areas. Agenda Item No.: _ _ Meeting of Aug!st 24, 2004 CONTINUATION OF DISCUSSION F GOAL S Council received materials August 20, 2004 in their Council Mail. Council will discuss the program TO OBTAIN A COPY OF THE DRAFT PROGRAM REPORT AND OTHER BACKGROUND INFORMATION, VISIT WASHINGTON COUNTY'S WEBSITE AT: comashington.orms For more information, contact the City Recorder's Office at 503-639-4171 AGENDA ITEM # `I FOR AGENDA OF August 24, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Goal 5 update and discussion PREPARED BY: Julia Hajduk DEPT HEAD OK MGR OK ZIA4+ ISSUE BEFORE THE COUNCIL Discuss Goal 5 program and identify outstanding issues and provide comments on the proposed program. STAFF RECOMMENDATION N/A INFORMATION SUMMARY At the study session on August 10, 2004, the Council was provided a brief overview of the Tualatin Basin Goal 5 program and determined that additional time was needed to discuss the proposed program. Staff will be at the meeting on August 24, 2004 to continue discussions on Goal 5. Attached is the Memo previously sent to Council describing the program and Tigard impacts. The Natural Resources Coordinating Committee (NRCC) has postponed their decision on the program until at least September 13`h, allowing for more time to clarify details and address concerns. An update on the issues that have been identified to date will also be provided to Council. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #1 "Growth is accommodated while protecting the character and livability of new and established areas while providing for natural environment and open space throughout the community." ATTACHMENT LIST Attachment A: August 6`h Memo to Council (including 3 attachments) FISCAL NOTES N/A Attachment A CITY OF TiGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Mayor and City Council FROM: Julia Hajduk, Associate Planner SUBJECT: Goal 5 Update DATE: August 6, 2004 The Tualatin Basin Partners for Natural Places (Partners) Goal 5 program is almost complete. Open houses were held on July 26, 28, and 29. A public hearing was held on August 2, 2004 in Hillsboro. An update/overview of the Tualatin Basin Goal 5 program will be provided on August 10, 2004. The discussions by Council on August 10th will provide direction on the City's position prior to the NRCC decision anticipated on August 16"'. Specific policy issues that will be addressed are: Policy issues: Does Council support the Tualatin Basin approach (program elements) as the means to address the goal of improving the environmental health of the Tualatin Basin? ❑ Are additional protection measures, which are recommended by citizen groups, supported by Council? This memo and the attached documents provide background information and discussion to help Council in providing this policy direction. Background There are several steps in the process to achieve the goal of improving the environmental health of the Tualatin Basin. The first step, after the inventory by Metro, was the completion of an existing conditions report to determine the existing environmental health of the Tualatin River Basin. This existing environmental conditions report (EEHR) will provide the basis for the Partners to evaluate the effectiveness of the program in achieving its goal. The second step in the process was the analysis evaluating the environmental, social, energy and economic (ESEE) consequences of allowing, limiting or prohibiting (ALP) conflicting uses/development within the resources inventoried. The ALP map was created to map the ESEE decision, identifying where impacts should be allowed, limited or prohibited. The ALP map identifies a spectrum of protection that ranges from strictly limit which provides full protection except in certain circumstances to lightly limit which allows for full removal of a resource provided mitigation takes place. The Coordinating Committee did not apply any prohibit designation on the resources in the Tualatin Basin. 8-10-04 Goal 5 update memo Page 1 of 4 Prouram elements The program was developed to improve the environmental health of the Tualatin River Basin. The degree of resource protection on a given site depends on the quality of the resource and the underlying land use/zone that the resource is in. There are three main components of the program: Non-regulatory, Regulatory, and Revenue. Attachment 1 to this memo provides an overview of the program elements that have been developed. In order to improve the environmental health of the Tualatin River Basin, existing resource impacts should be minimal. The principle of avoid, minimize, mitigate was used to develop the regulatory program element. Each site should avoid resource impacts, minimize impacts that are made and mitigate any impacts; the level of limit determines the emphasis: Lightly Limit Moderately Limit Strictly Limit Avoid Avoid Minimize Minlimize c Mitigate Mitigate' - $ L i :yl Y By providing varying degrees of limit for development/conflicting uses, the program provides a balance between protection of the resource and mitigation for resource removal. • lightly limit - the emphasis is on mitigation. Resource protection is voluntary and incentive based. • moderately limit - balance between mitigation and avoidance. Resource is required to be protected, however all property allows some degree of resource mitigation. • strictly limit - emphasis on avoidance. Resource removal is minimal. Any resource that is removed must be mitigated at high levels. Program elements established to result in no further net loss of the resources are complemented with program elements to achieve the goal of improving the environmental health. The main focus of this program element is a fee, similar to the Surface Water Management (SWM) Fee that would be charged all property owners in the basin. Clean Water Services has identified a list of projects that, if completed, would meet the goal of improving the environmental health of the basin. (This is similar to a Transportation System Plan which identifies projects needed to ensure the transportation system continues to function well.) It is estimated that the entire project list would cost roughly $127 million. Based on this cost estimate, a $2.03 fee charged as part of the SWM fee over a 20 year period would provide the $127 million for projects. The project list and cost estimates would be evaluated every five years to determine if adjustments were needed. 8-10-04 Goal 5 update memo Page 2 of 4 Funding While the program includes revenue tools to implement the program, it does not compensate private property owners for additional loss of development capacity. The burden to prevent future resource loss is placed on the property owner. The burden to enhance the existing health of the basin, however, is placed on all residents of the Tualatin Basin through the SWM-type fee. Tigard-Impacts/Examples The Council received an update in June that included a summary of Tigard's existing natural resource regulations and a comparison between the existing regulations and the areas that would potentially be impacted by new Goal 5 regulations. A copy of the handouts previously provided is attached to this memo (Attachment 2 and 3). Using the information in Attachment 2 and 3 as a starting point, below is a brief analysis of the impacts of the Goal 5 program for Tigard property owners. New development/re-development - based on the amount of buildable land identified in the resource areas, Tigard will lose approximately 166.17 acres of buildable land area. Some of the density lost could be re-captured through the planned development process which allows density to be transferred on-site. It should be noted that wetlands, floodplains and steep slopes were subtracted from the buildable lands inventory even though in Industrial and Commercial zones, development of the floodplain is possible with balanced cut and fill. Examples will be provided that further illustrate the impact issues on Commercial and Industrial property at the August 10, 2004 meeting. Existing development is harder to evaluate for impacts because it depends on what property owners :want to do on their property. The program indicates that a property owner disturbing less than 200 square feet would be exempt from the standards, however there is also the concept that tree canopy areas will be protected. Details in upland wildlife habitat areas have not been fully developed, however this may impact a property owner's ability to remove non-hazard trees on their own property. A property owner that wishes to disturb more than 200 square feet of resource area, even if the action does not require a land use permit (re-landscaping for example) may be required to comply with the new regulations. In addition, of the land that is permitted to be developed, mitigation will be required to account for resource removal. Mitigation costs are discussed below. Mitigation impacts - As stated previously, the cost of existing resource protection and mitigation is placed on individual property owners. Mitigation ratios and costs are described in Attachment 1. Below is an example to illustrate individual impacts of mitigation: Hypothetical lot of 10,000 square feet with resource of the entire parcel • Lightly limit, assuming the entire parcel is developed, a developer would pay a fee-in-lieu of $11,040. • Moderately limit, assuming the developer develops 50% of the parcel, the developer would pay a fee-in-lieu of $8,550. If they increase their impact to 85% by completing an alternatives analysis, they would pay a fee-in-lieu of $14,535. • Strictly limit, since the entire parcel is covered by resource, some development would be permitted through an alternative analysis to prevent a takings issue. Assuming they are permitted to develop 50% of their property to avoid a takings issue, they would be required to pay a fee-in-lieu of $15,200. 8-10-04 Goal 5 update memo Page 3 of 4 Public pAustment requests Several groups have advocated for more stringent levels of protection. The following is a brief discussion of the request: • Upgrade all floodplain areas to Strictly Limit - Tigard has a large amount of undeveloped floodplain in the Industrial areas and some Commercial zones in the Washington Square Regional Center Plan and Tigard Triangle areas which potentially make them vulnerable to development. These areas have a large potential impact to existing resources if developed. Upgrading all floodplains to Strictly Limit would address concerns along Fanno Creek as well as Ash Creek in the Washington Square Regional Center. Strictly Limit would not allow any development unless there was a takings issue or for public benefit such as a planned road connection, utility crossing, etc. Of the 217 Industrial acres impacted by Goal 5, approximately 128 are in the floodplain. A portion of the Industrial floodplain area, up to 50 acres, may also be impacted by wetlands, which are prohibited from development under the City's code. Changing all floodplains to Strictly Limit would not impact Tigard's target numbers since the buildable lands data has already removed floodplains areas, however, it may impact a private property owner's ability to develop their lot as they had envisioned. • Upgrade all high value (Class I and A) habitat in Parks to strictly limit - This primarily affects Bonita Park. Most jurisdictions have a park zone which was placed into the "other urban" land use category and received a higher level of protection. Because Tigard's parks can be in any zone, some areas received a lower level of protection because they were located in a High Intensity Urban Zone. Right now, it is not entirely clear how parks will be reviewed in the Strictly Limit category. If a park or park improvement is in the Park Master Plan, it may be considered a public benefit, however new parks or unidentified park improvements may be limited. • Upgrade all high value habitats in industrial zoned areas along Fanno Creek downstream of 99W and on Red Rock Creek - Much of this is covered by floodplain and is addressed under the first bullet, however, there are some properties, like the property behind the new library, that would be impacted beyond the floodplain area. Timeframe/Next Steps The Natural Resources Coordinating Committee (NRCC) will begin deliberation on August 9'h and is expected to make a decision on the program on August 16, 2004. The program will be forwarded to the Metro Council to include as part of their regional Goal 5 effort. After August 16th the NRCC and steering committee will continue to develop the details necessary to implement the program concept. It is anticipated that the Metro Council will make a decision on the program in December 2004 and local ordinance adoption would be complete in late 2005. Local ordinance adoption will require updating the Development Code and Comprehensive Plan to reflect the Basin Wide program, public hearings and Council adoption of an Ordinance. 8-10-04 Goal 5 update memo Page 4 of 4 Attachment 1 Tualatin Basin Goal 5 Program Overview The program is focusing on 3 main elements to improve the environmental health of each Regional Site and the Tualatin Basin as a whole: 1. Non-regulatory 2. Regulatory 3. Revenue 1. Non-regulatory Non-regulatory tools may include property owner education, stewardship recognition, restoration grants, tax incentives, acquisition and technical assistance to property owners and developers. Many of these activities are currently provided in the community through public and private agencies. 2. Regulatory Design standards regulate how the property with resources can be developed. The program has differentiated the Lightly Limit (LL), Moderately Limit (ML) and Strictly Limit (SL) by regulating the amount of resource area that could be disturbed on a property: LL - all resource can be disturbed, but mitigation is required IVIL - up to 50% of resource can be disturbed with mitigation SL - none of the resource can be disturbed unless there is a takings or public benefit (utility, planned transportation link, etc) For existing development, the first 200 square feet of disturbance in existing development would be exempt from any review. In addition, people can continue on-going maintenance of their existing lawn and garden area. The program calls for protection of the tree canopy and native vegetation resources, however, specific details have not been developed to implement this goal. The Steering Committee is discussing a basin-wide tree cutting ordinance, however there is not unilateral support for this. Because much of the inventories resource is in existing developed areas, a program that does not provide some level of protection/mitigation of these resources will not achieve the basin goal of improving the environmental health of the Tualatin River Basin. The program at this stage is conceptual. It is understood that the NRCC will forward the program concepts to Metro and continue to work on the details for implementation. Design tools are a tool box of options that developers can use which will minimize the impact to the resource. An example of these tools include: ■ low impact development such as roof gardens, pervious pavement or landscape detention/retention planters to slow site run-off clustering/planned developments to avoid resources ■ Density transfers ■ Height/setback adjustments Tualatin Basin Goal 5 program overview Page 1 of 2 3. Funding There are 2 major funding sources envisioned. SWM type fee A fee, similar to the Surface Water Management (SWM) Fee that would be charged all property owners in the basin. Clean Water Services has identified a list of projects that, if completed, would meet the goal of improving the environmental health of the basin. (This is similar to the Transportation System Plan which identifies projects needed to ensure the transportation system continues to function well.) It is estimated that the entire project list would cost roughly $127 million. Over a 20 year period, a $2.03 fee charged as part of the SWM fee would provide the $127 million for projects. The project list and cost estimates would be evaluated every five years to determine if adjustments were needed. Fee-in-lieu of mitigation Another funding element is the fee-in-lieu of mitigation. The fee would be an option for developers that can not provide mitigation on or off site. The fee would be based on the cost to purchase plant and maintain the habitat. The specific mitigation ratios and fee has not been decided yet. Tualatin Basin Goal 5 program overview Page 2 of 2 Attachment 2 SUMMARY Of EXISTING NATUTAL RESOURCE REGULATIONS The City of Tigard and Clean Water Services (CWS) have existing regulations for natural resource areas. There are existing regulations for floodplain, wetlands, streams, wetland buffers and stream buffers. Below is a brief discussion of the existing regulations. In some instances, Tigard's standards are stricter, in other instances, the CWS standards are more stringent. The summary below provides the more restrictive standard to provide a quick look at what the regulations are for each resource category. ploodplains Limited development allowed in commercial and industrial zones with no net increase in flood level. Floor elevation must be 1' above the floodplain measured from the bottom of the floor beam. No development is allowed in residential zones. Wetlands No development is permitted in locally significant wetlands without an ESEE analysis and comprehensive plan amendment. Stream Buffers Tigard's standards are a 75' buffer from the Tualatin River, 50' along Fanno, Ball and Ash Creeks and 25' along Summer, North Ash, Red Rock and Derry Dell Creeks. The CWS buffers vary from 50-200' for streams with year round flow depending on the slope adjacent to the stream. The CWS standards also provide buffers of 16-50' depending on the number of acres draining into the stream and the slope adjacent to the stream. Each site is evaluated and the stricter standards are applied. Within the buffer, no structures, development, gardens or lawns are permitted, however, small scale averaging of the buffer is permitted. Wetland Buffers Minimum buffer of 25 feet from wetland edge unless all or part of the wetland is located within the stream corridor. In that case, the stream corridor width is measured from the wetland edge. CWS requires a 50' buffer for wetlands greater than .5 acres. CWS requires buffers from all existing and created wetlands, not just locally significant wetlands. Total Acres affected by existing natural resource regulations Riparian Resources Commercial Industrial Residential Flood lain 100.81 128.20 376.39 Wetland 51.16 49.44 188.76 Wetland buffer 32.75 32.40 134.84 Stream buffer 43.37 42.98 265.96 Total resource area* 138.21 158.49 634.96 *Note that the total resource acreage is less than the sum due to overlap of the resource: Floodolain Wetland Stream e Steep slopes In addition to the riparian resources described above, the sensitive lands review section of the development code regulates steep slopes. For the most part, development is not prohibited on steep slopes as long as a geotechnical engineer certifies that the land form alteration will not result in erosion, stream sedimentation, ground instability, or other adverse on-site or off-site effects or hazards to life or property. Steep slope areas are not included in the density calculations, however up to 25% of the density that would otherwise be permitted on the steep slopes may be transferred to the remaining buildable area. The following table shows the amount of land currently identified as having slopes 25% or greater: Acres affected Commercial 1.44 Residential 252.59 Industrial 0.49 w Attachment 3 COMPARISON BETWEEN AREAS OF EXISTING REGULATION 5 AND AREAS DISCUSSED WITH CURRENT EFFORTS Now much MORE area Is i~t~der consideration with the current Tualatin Basin Goal 5 efforts? Total existing regulation Total Goal 5 limit Difference (including steep slopes) 243 83 104.18 Commercial 139.65 Residential 887.55 1743.37 855.82 Industrial 158.98 217.81 58.83 Why the difference? Larger buffers from streams and wetlands (impact areas) Upland and riparian wildlife habitat areas How much of the additional areas ere considered buildable? The following table shows the amount of land in the ALP limit areas that is considered -buildable based on the buildable lands inventory and the draft Tualatin Basin ALP map. Buildable land within Tualatin Basin Goal 5 limit designated areas Commercial Residential Industrial Total Lightly limit 34.97 109.83 34.75 179.55 Moderately limit 2.74 196.05 10.12 208.91 61.72 0 61.72 Strictly limit 0 Total 37.71 367.6 44.87 450:18 The buildable land identified in Tualatin Basin limit designated areas represents roughly half of the buildable land in Tigard and the Urban Services area. The majority of the buildable land is within upland wildlife habitat areas The land identified as buildable has already deducted areas of existing regulation so there is no overlap in this category between the existing and potentially regulated buildable land. s OR" 11