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City Council Packet - 08/21/2012 City of Tigard CARD Tigard Business /Workshop Meeting — Agenda i TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD Revised 8/16/2012* AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: August 21, 2012 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 *Revised 8/16/2012: Consent Agenda Item 2.B added - APPROVE A COOPERATIVE AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION AND WALMART and Item added after Consent Agenda - CONSIDER SUBMITTING A PROPOSED CHARTER AMENDMENT TO THE NOVEMBER 6, 2012, BALLOT REQUIRING A PUBLIC VOTE RELATED TO LIGHT RAIL CONSTRUCTION FUNDING, PUBLIC NOTICE: Times noted are estimated. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). VIEW LIVE VIDEO STREAMING ONLINE: http: / /www.tvctv.org /government- programm ing /government- meetings /tigard Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 30 • Every Sunday at 11 a.m. • Every Monday at 6 a.m. • Every Tuesday* at 2 pm (*Workshop meetings are not aired live. Tuesday broadcasts are a replay of the most recent workshop meeting.) • Every Thursday at 12 p.m. • Every Friday at 3 a.m. SEE ATTACHED AGENDA i • City of Tigard Tigard Business /Workshop Meeting — Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: August 21, 2012 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM 1. BUSINESS /WORKSHOP MEETING A. Call to Order- City Council, Local Contract Review Board & City Center Development Agency B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) - These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. Approve City Council Meeting Minutes for: 1. June 26, 2012 B. APPROVE A COOPERATIVE AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION AND WALMART ** *NEW BUSINESS MEETING ITEM BELOW*** > CONSIDER SUBMITTING A PROPOSED CHAR'I'ER AMENDMENT TO THE NOVEMBER 6, 2012, BALLOT REQUIRING A PUBLIC VOTE RELATED TO LIGHT RAIL CONSTRUCTION FUNDING 6:40 p.m. estimated time * *WORKSHOP MEETING FOLLOWS * ** 3. RECEIVE CAPITAL IMPROVEMENT PLAN UPDATE 6:55 p.m. estimated time 4. DISCUSS AND DIRECT STAFF ON A CONCEPT DESIGN FOR PACIFIC HIGHWAY /McDONALD STREET /GAARDE STREET INTERSECTION IMPROVEMENTS 7:10 p.m. estimated time 5. RECEIVE TIGARD TRIANGLE PLAN UPDATE 7:40 p.m. estimated time 6. DISCUSSION ON ANNEXATION POLICY 8:25 p.m. estimated time ** *CITY CENTER DEVELOPMENT AGENCY MEETING * ** 7. APPROVE CITY CENTER DEVELOPMENT AGENCY MINUTES 8:55 p.m. estimated time A. July 3, 2012 8. REVIEW TARGETED INCENTIVE PROGRAM REQUEST FOR PROPOSALS 9:00 p.m. estimated time 9. DISCUSS DEVELOPER MEETINGS 9:20 p.m. estimated time • EXECUTIVE SESSION: The Tigard City Center Development Agency will go into Executive Session to conduct real property negotiations under ORS 192.660(2) (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:30 p.m. estimated time 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. ADJOURNMENT 9:50 p.m. estimated time AIS -1002 Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): Agenda Title: Consider Submitting a Proposed Charter Amendment to the November 6, 2012 Ballot, Requiring a Public Vote Related to Light Rail Construction Funding Prepared For: Tigard City Council Submitted By: Cathy Wheatley, Administrative Services Item Type: Resolution Meeting Type: Council Workshop Mtg. Information ISSUE Shall the Tigard City Council forward a proposed Charter amendment to Tigard voters, which would require a public vote prior to imposing new or additional local taxes or fees to fund light rail construction? STAFF RECOMMENDATION / ACTION REQUEST Consider the proposed resolution and direct staff to proceed to place a Charter amendment before Tigard voters at the November 6, 2012, General Election. KEY FACTS AND INFORMATION SUMMARY • Attached is a proposed resolution which, if approved, would have City of Tigard voters consider a Charter amendment at the November 6, 2012, General Election. • The proposed Charter amendment would require a public vote prior to imposing new or additional local taxes or fees to fund light rail construction. • The proposed Charter amendment would automatically expire ten years after its effective date. • The proposed ballot measure is shown as Exhibit A to the resolution. • The proposed explanatory statement is shown as Exhibit B to the resolution; said statement must accompany the ballot measure when filed with county elections. • The proposed resolution authorizes the mayor, the city manager (or their designee) to act on behalf of the City of Tigard to take any action necessary to carry out the intents and purposes of the resolution. • The proposed resolution directs the city elections officer to file with Washington County Elections the Notice of Measure Election. • The proposed resolution directs the city elections officer to file with Washington County Elections the Measure Explanatory Statement prepared by the City Manager. • A new section would be added to the Charter. OTHER ALTERNATIVES Make wording changes to the proposed measure and explanatory statement and direct staff to proceed with the steps needed to file the measure with Washington County Elections to appear on the November 6, 2012 ballot and voters pamphlet. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2.b. Communicate regularly to residents about the alighinent of city priorities with resources. 2.c. Evaluate the city's sustainability efforts on an ongoing basis. DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments Resolution No. 12 -33 Proposed Resolution Exhibit A to the Resolution - Notice of City Measure Election Exhibit B to the Resolution - An Act A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 6, 2012, GENERAL ELECTION, WHICH WOULD REQUIRE A PUBLIC VOTE PRIOR TO IMPOSING NEW LOCAL TAXES OR FEES TO FUND LIGHT RAIL CONSTRUCTION, SAID CHARTER AMENDMENT WILL EXPIRE 1'EN YEARS AI~'1'ER ITS EFFECTIVE DA'Z'E WHEREAS, after due consideration, the Tigard City Council has decided to forward a proposed Charter Amendment to the voters. 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, Washington County, Oregon, for the purpose of submitting to the legal voters the question of requiring a public vote prior to imposing new local taxes or fees to fund light rail construction. SECTION 2: The measure election hereby called shall be held in the City of Tigard on the 6 day of November 2012. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The Tigard City Council authorizes the mayor, the city manager (each an "authorized representative ") or a designee of the authorized representative to act on behalf of the City of Tigard and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.275(5), the Tigard City Council directs the city elections officer to file a Notice of City Measure Election in substantially the form of Exhibit A with the Washington County Elections Office not earlier than the eighth business day after the date on which Exhibit A is filed with the city elections officer and not later than September 6, 2012. The Washington County Elections Office is required to produce and disseminate a facsimile of the ballot in accordance with ORS 254.205. SECTION 5: Pursuant to ORS 251.345, the Tigard City Council directs the city manager to prepare a Measure Explanatory Statement for publication in the county voters' pamphlet; said statement shall be filed with the Washington County Elections Office at the same time the Notice of City Measure Election is filed by the city elections officer. SECTION 6: The Act, containing the full Charter amendment, is attached hereto as Exhibit B and included in this resolution by reference. The effective date of the Charter amendment, if approved by a majority of votes cast for the measure, shall be the date the certified election results are canvassed by the City Elections Official. RESOLUTION NO. 12- Page 1 i CITY TIGARD CITYCOUNCIOLN �� l a RESOLUTION NO. 12- SECTION 7: This resolution is effective immediately upon passage. PASSED: This day of 2012. Mayor - City of Tigard A'rl EST: City Recorder - City of Tigard I: \adm \cathy \election \2012 \light rail referendum \v3 of proposed resolution - august 21 2012.doc RESOLUTION NO. 12- Page 2 Pri9pose..c ►� -1�asu .. cwt 1 a. EXHIBIT A NOTICE OF CITY MEASURE ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 6, 2012, a measure election will be held in the City of Tigard, Washington County, Oregon. The following shall be the ballot title of the measure to be submitted to the city's voters on this date: CAPTION VOTE REQUIRED TO ERTAIN FUNDS—TAXES FOR LIGHT RAIL CONSTRUCTION QUESTION SHALL THE CITY OF TIGARD BE REQUIRED TO GET VOTER APPROVAL BEFORE INOREASING- AUTHORIZING NEW OR ADDITIONAL TAXES OR FEES FOR LIGHT RAIL CONSTRUCTION? SUMMARY If approved by voters this measure would add a section to the Tigard Charter prohibiting the City of I Tigard from increasing a current tax or fee or authorizing a new local tax or fee for construction costs to build or expand light rail transit line infrastructure without voter authorization. Tigard would be required to hold an election and state the amount of new or additional taxes or fees that would be used to construct the infrastructure for light rail. Tigard voters would authorize or decline to authorize the spending of the new or additional taxes or fees. This measure could, if passed, limit the City of Tigard's ability to provide the local funding match that might be necessary to access federal and state transportation funding. Today there has been no transit mode selected for high canacity transit to serve the southwest Metro region This measure would apply if light rail is the mode selected. This Charter Amendment would automatically expire ten years after its effective date. Changes in red from city attorney. Changes in blue from city manager. V L \adm \cathy \ election \ 2012 \light tall referendum \exhibit a final draft on august 16 2012.docx lam, t1� ckt aY\ 2s LYNCOrp o r cj , J EXHIBIT A NOTICE OF CITY MEASURE ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 6, 2012, a measure election will be held in the City of Tigard, Washington County, Oregon. The following shall be the ballot title of the measure to be submitted to the city's voters on this date: CAPTION VOTE REQUIRED TO USE CERTAIN FUNDS FOR LIGHT RAIL CONSTRUCTION QUESTION SHALL TIGARD BE REQUIRED TO GET VOTER APPROVAL BEFORE AUTHORIZING NEW OR ADDITIONAL TAXES OR FEES FOR LIGHT RAIL CONSTRUCTION? SUMMARY If approved by voters this measure would add a section to the Tigard Charter prohibiting the City of Tigard from increasing a current tax or fee or authorizing a new local tax or fee for construction costs to build or expand light rail transit line infrastructure without voter authorization. Tigard would be required to hold an election and state the amount of new or additional taxes or fees that would be used to construct the infrastructure for light rail. Tigard voters would authorize or decline to authorize the spending of the new or additional taxes or fees. This measure could, if passed, limit the City of Tigard's ability to provide the local funding match that might be necessary to access federal and state transportation funding. Today there has been no transit mode selected for high capacity transit to serve the southwest Metro region. This measure would apply if light rail is the mode selected. This Charter Amendment would automatically expire ten years after its effective date. is \adm \cathy \election \2012 \exhibit a final draft from city attorney - august 21 2012 with changes accepted.docx f ' EXHIBIT B AN ACT A Charter amendment submitted to the voters by the Tigard City Council. The Charter of the City of Tigard is amended to read (new language is underlined) as shown below and referenced in City of Tigard Resolution No. 12 -_. Section 52. The City of Tigard shall not increase a current tax or fee or impose a new local tax or fee for construction costs to build or expand light rail transit line infrastructure without voter authorization. If the City desires to increase or impose a new local tax or fee for construction costs to build or expand light rail transit line infrastructure, it will first call an election and state the amount of new or additional taxes or fees that would be used for construction costs to build or expand light rail transit line infrastructure. The voters of the City of Tigard would authorize or decline to authorize the spending of the new or additional taxes or fees. This Charter Section will automatically expire ten years after its effective date. This Charter Section became effective on (date to be determined as specified in Resolution No. 12- , Section 6). TDn2T4 AIS-1002 Workshop Meeting a )3O1 a Meeting Date: 08/21/2012 ct -i CUL- Length (in minutes): Agenda Title: Consider Submitting a Proposed Charter Amendment to the November 6, 2012 Ballot, Requiring a Public Vote Related to Light Rail Construction Funding Prepared For: Tigard City Council Submitted By: Cathy Wheatley, Administrative Services Item Type: Resolution Meeting Type: Council Workshop Mtg. Information ISSUE Shall the Tigard City Council forward a proposed Charter amendment to Tigard voters, which would require a public vote prior to imposing new or additional local taxes or fees to fund light rail construction? STAFF RECOMMENDATION / ACTION REQUEST Consider the proposed resolution and direct staff to proceed to place a Charter amendment before Tigard voters at the November 6, 2012, General Election. KEY FACTS AND INFORMATION SUMMARY • Attached is a proposed resolution which, if approved, would have City of Tigard voters consider a Charter amendment at the November 6, 2012, General Election. • The proposed Charter amendment would require a public vote prior to imposing new or additional local taxes or fees to fund light rail construction. • The proposed Charter amendment would automatically expire ten years after its effective date. • The proposed ballot measure is shown as Exhibit A to the resolution. • The proposed explanatory statement is shown as Exhibit B to the resolution; said statement must accompany the ballot measure when filed with county elections. • The proposed resolution authorizes the mayor, the city manager (or their designee) to act on behalf of the City of Tigard to take any action necessary to carry out the intents and purposes of the resolution. • The proposed resolution directs the city elections officer to file with Washington County Elections the Notice of Measure Election. • The proposed resolution directs the city elections officer to file with Washington County Elections the Measure Explanatory Statement prepared by the City Manager. • A new section would be added to the Charter. OTHER ALTERNATIVES Make wording changes to the proposed measure and explanatory statement and direct staff to proceed with the steps needed to file the measure with Washington County Elections to appear on the November 6, 2012 ballot and voters pamphlet. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2.b. Communicate regularly to residents about the alighment of city priorities with resources. 2.c. Evaluate the city's sustainability efforts on an ongoing basis. DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments Proposed Resolution Exhibit A to the Resolution - Notice of City Measure Election Exhibit B to the Resolution - An Act CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12- A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 6, 2012, GENERAL ELECTION, WHICH WOULD REQUIRE A PUBLIC VOTE PRIOR TO IMPOSING NEW LOCAL TAXES OR FEES TO FUND LIGHT RAIL CONSTRUCTION, SAID CHARTER AMENDMENT WILL EXPIRE TEN YEARS AFTER ITS EFFECTIVE DATE WHEREAS, after due consideration, the Tigard City Council has decided to forward a proposed Charter Amendment to the voters. 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, Washington County, Oregon, for the purpose of submitting to the legal voters the question of requiring a public vote prior to imposing new local taxes or fees to fund light rail construction. SECTION 2: The measure election hereby called shall be held in the City of Tigard on the 6 day of November 2012. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The Tigard City Council authorizes the mayor, the city manager (each an "authorized representative ") or a designee of the authorized representative to act on behalf of the City of Tigard and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.275(5), the Tigard City Council directs the city elections officer to file a Notice of City Measure Election in substantially the form of Exhibit A with the Washington County Elections Office not earlier than the eighth business day after the date on which Exhibit A is filed with the city elections officer and not later than September 6, 2012. The Washington County Elections Office is required to produce and disseminate a facsimile of the ballot in accordance with ORS 254.205. SECTION 5: Pursuant to ORS 251.345, the Tigard City Council directs the city manager to prepare a Measure Explanatory Statement for publication in the county voters' pamphlet; said statement shall be filed with the Washington County Elections Office at the same time the Notice of City Measure Election is filed by the city elections officer. SECTION 6: The Act, containing the full Charter amendment, is attached hereto as Exhibit B and included in this resolution by reference. RESOLUTION NO. 12- Page 1 SECTION 7: This resolution is effective immediately upon passage. PASSED: This day of 2012. Mayor - City of Tigard A'U'EST: City Recorder - City of Tigard I: \adm \cathy \election \2012 \light rail refercndum \resolution approving ballot measure to forward to voters.doc RESOLUTION NO. 12- Page 2 EXHIBIT A NOTICE OF CITY MEASURE ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 6, 2012, a measure election will be held in the City of Tigard, Washington County, Oregon. The following shall be the ballot title of the measure to be submitted to the city's voters on this date: CAPTION VOTE REQUIRED TO APPROVE NEW TAXES FOR LIGHT RAIL CONSTRUCTION QUESTION SHALL THE CITY OF TIGARD BE REQUIRED TO GET VOTER APPROVAL BEFORE INCREASING TAXES OR FEES FOR LIGHT RAIL CONSTRUCTION? SUMMARY If approved by voters this measure would add a section to the Tigard Charter prohibiting the City of Tigard from increasing a new local tax or fee for construction costs to build or expand light rail transit line infrastructure without voter authorization. Tigard would be required to hold an election and state the amount of new or additional taxes or fees that would be used to construct the infrastructure for light rail. Tigard voters would authorize or decline to authorize the spending of the new or additional taxes or fees. This measure could, if passed, limit the City of Tigard's ability to provide the local funding match that might be necessary to access federal and state transportation funding. This Charter Amendment would automatically expire ten years after its effective date. I: \adm \cathy \election \2012 \light rail referendum \exhibit a final draft on august 16 2012.docx EXHIBIT B AN ACT A Charter amendment submitted to the voters by the Tigard City Council. The Charter of the City of Tigard is amended to read (new language is underline) as shown blow and referenced in City of Tigard Resolution No. 12- (New Charter Language) 1: \adm \cathy \election \2012 \light rail referendum \exhibit b - an act.docx AIS -998 2. A. Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Cathy Wheatley, Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Proposed minutes for the council meetings of June 26 and July 17, 2012 are attached. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Tune 26, 2012 Council Meeting Minutes 1 City of Tigard Tigard City Council Meeting Minutes TIGARD June 26, 2012 Mayor Dirksen called the meeting to order at 6:30 Y g p.m. P Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ Councilor Wilson ✓ Councilor Woodard ✓ Staff present: City Manager Wine, Assistant City Manager Newton, Assistant Public Works Director Rager, Parks Facilities Manager Martin, Senior Project Engineer Murchison, City Attorney Ramis, City Recorder Wheatley • STUDY SESSION A. Discussion and Development of a Park Naming Procedure Track 2 Mayor Dirksen introduced discussion on this agenda item noting this issue came about after initial discussions about the name for a new park (an 8 -acre parcel on Bull Mountain). During Mayor Dirksen's remarks he indicated his preference would be to name the largest parcel assembled for parkland on Bull Mountain, "Bull Mountain Park." City Manager Wine referred to park - naming discussions previously. A couple of times during the property acquisition process on several properties, the question was raised whether the name of the prior owner should carry. The park - naming procedures are unclear. Parks Facilities Manager Martin said it is timely for the City Council to review this matter, because the property referred to as the Summer Creek Property has not been named. The property on Sunrise is being referred to as the Sunrise Property; however, if there is a desire to call it something else, then the sooner the better to avoid confusion. The Paull properties acquisition was presented to PRAB as "East Bull Mountain," and a "Friends of East Bull Mountain" group has already formed and has a presence on the Internet. Council members referred to other instances of properties purchased: the "Fowler Property" and "Cach Creek." The original 11 acres, according to Parks Facilities Manager Martin, should be called Cach Creek due to an agreement made at the TIGARI) CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 I www.tigard - or.gov I Page 1 of 18 time the city purchased this property. The family has requested the spelling be changed from "Cache" to "Cach." During discussion, Parks Facilities Manager Martin suggested this area could be called the Cach Creek Nature area within the Bull Mountain Park. The entire park area (including the Cach area) is about 20 acres. Assistant Public Works Director Rager advised, in response to a question from Councilor Henderson, that City Council has the authority through the "memorial policy" to name parks. There is no process spelled out regarding how a park name can be proposed for City Council consideration. He referred to a couple of options staff put together for council to begin its discussion on developing a park naming procedure. Councilor Wilson suggested at the beginning of a project a more generic name be used; i.e., Park No. 1. However, he said it is not that important because a name can be changed — as they are all of the time. Primarily, he would prefer the name to be simple, easy to spell, descriptive and non - controversial. City Manager Wine advised that part of staff's reasoning for bringing this forward to council discussion, is to determine "the how of it" — who would the council like to have involved at the point when naming occurs. Current policy is unclear about who initiates that discussion. Council President Buehner said there should be a clear policy regarding negotiations to purchase policy and how the park shall be named. Parks Facilities Manager Martin the name of the park can be asked for by the seller as part of the purchase and sale agreement. Council President Buehner said the policy should address this should the subject of the name not come up during the purchasing negotiations. Assistant Public Works Director Rager recalled that for one negotiation, the city's real estate attorney offered that the property could be named after the seller as a negotiation tool. Councilor Wilson said he would rather it be the policy not to name parks after the sellers; however, the city would have the option to allow it. He said unless the property is donated, he does not see any reason to honor someone who is receiving full market value for the property. However, if naming the park after the seller is necessary to "make the deal," then it could be considered. Parks Facilities Manager Martin said that part of the policy acknowledges that name selection is a negotiating tool. Mayor Dirksen said naming a park after someone should be worth something. He said we have been too quick to agree to name property after the people who sold the property to the city. Council President Buehner said she thought transferring the seller's name to the parcel should be a consideration as part of the buying process. Assistant Public Works Director Rager asked that, aside from the purchase negotiations, the council give direction about the process by which the staff would come to the council with name options. He asked if the council would be in favor of having staff acquire name nominations through the PRAB and then present council with the top picks for final selection (Option B in the staff report). Mayor Dirksen said he thinks the council should have the opportunity to nominate potential names for PRAB TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 I www.tigard - or.gov I Page 2 of 18 consideration as well. The final decision for the name would rest with the City Council. He suggested a collaborative process. City Manager Wine said staff's proposed Option B envisions a process by which council and the PRAB would be the generators of naming ideas. City Manager Wine said, based on tonight's discussion, staff will put together a redraft of the sample resolution that follows the guidelines contained in Option B for council consideration. Councilor Woodard said he likes Option B and added he would like to retain the ability to offer the name as a negotiation tool during the process of purchasing a property. Assistant Public Works Director Rager said this information could be brought to the council during the course of real estate transaction negotiations. Mayor Dirksen agreed that the name selection should always be an option for consideration during property purchase negotiations. Assistant Public Works Director Rager called council's attention to a document attached to the Agenda Item Summary, titled Excerpt — Property Acquisition Procedures. This document says "Naming" rights for the property are frequently desired by the owner." The procedures then note this is a point of negotiation. Councilor Woodard suggested that when PRAB is considering names, the City Council could be presented with three memorial naming options (if available) so these could be considered. He explained potential names could be of historical significance for the council to consider for places or people who have made great contributions to the community. Council President Buehner said she would prefer not to have the policy too tightly written and limited. B. Review City Council Appointment Matrix City Manager Wine said this item is before the City Council for members to review the existing matrix as confirmed in January. Staff requests the council reviews and confirms or make reassignments to the board and commission liaison appointments. Staff would like to clarify any misunderstandings or those not accurately captured for the matrix. Council President Buehner reported that she and Councilor Wilson traded certain assignments — one was noted and the other not. Councilor Wilson picked up the transportation assignments and Council President Buehner took on the water - related assignments. After discussion, the following change was noted for the appointment matrix: Willamette River Water Coalition: Primary: Councilor Henderson Alternate: Council President Buehner Council President Buehner suggested that when appointments are assigned next year that the same person should be appointed for the Regional Water Providers Consortium and the Willamette River Water Coalition. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1503-639-41711 www.tigard - or.gov 1 Page 3 of 18 • Other water - related groups include the Intergovernmental Water Board and the Tigard - Lake Oswego Joint Water Partnership Oversight Committee. Council President Buehner referred to the Clackamas River Water Providers and the advisability that someone from Tigard join that group as a representative. Staff will follow up so council can consider joining this group at the next review period of council liaison appointments. Councilor Henderson advises he serves as the representative to the Tree Board. He asked whether Councilor Wilson had attended these meetings at one time. After discussion, it was determined that when the Urban Forestry Code was in initial development, there was an advisory committee formed and Councilor Wilson attended those meetings. The Tree Board has been somewhat inactive recently; there has been some discussion of adding some issues for the group to review. Mayor Dirksen said there has been some discussion about changing the name from the Tree Board to the Natural Resources Board and they would address things such as understory and wildlife. Councilor Henderson said he would be interested in remaining as the liaison. There was discussion on the Washington County Coordinating Committee (WCCC) for which Mayor Dirksen is the primary representative. This Committee deals with transportation issues. Representatives consist of the mayors of cities and officials from special districts. Washington County commissioners expressed concern that as Tigard will soon have transition on the City Council, that a new primary representative should be identified. Council President Buehner now serves as alternate to this group and Mayor Dirksen suggested it would be a good idea if she began to attend WCCC meetings with him on a regular basis. The Mayor serves as the primary to the Westside Economic Alliance. Mayors are invited to belong to this group. There is a board meeting on June 27 and Mayor Dirksen said he plans to ask how the transition would occur; he'll report what he finds to the rest of the council. City Manager Wine said the matrix would be revised as directed this evening. She called attention to the assignments for Mayor Dirksen and asked the City Council members to consider who might succeed the mayor. The liaison appointments will be reviewed by the council again after the November 2012 election results are known. Track 4 C. Administrative Items • Complete Insurance Benefit Forms - Open Enrollment Ends June 27 — Mayor Dirksen reminded council members to complete benefit forms. TIGARD CITY COUNCIL MEETING MINUTES -JUNE 26 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 639 - 4171 1 www.tigard or.gov 1 Page 4 of 18 Council calendar items were reviewed: • Council Calendar: o July - Beginning of City Hall offices open 8 a.m. to 6 p.m., Monday through Thursday; Closed on Fridays o July 3 - CCDA Meeting - 6:30 p.m. o July 4 — Independence Day Holiday - City Offices Closed o July 10 - Business Meeting - 6:30 p.m. Study Session /7:30 p.m. Business Meeting o July 17 - Workshop Meeting - 6:30 p.m. o July 24 - Business Meeting - 6:30 p.m. Study Session /7:30 p.m. Business Meeting o August 7 - CCDA Meeting Canceled so City Council can attend National Night Out Mayor Dirksen read the citation for an executive session: • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:05 p.m. to discuss real property transactions under ORS 192.660(2) (e). Executive Session concluded at 7:19 p.m. 1. BUSINESS MEETING A. Mayor Dirksen called the meeting to order at 7:31 p.m. B. Roll Call Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ Councilor Wilson ✓ Councilor Woodard V C. Pledge of Allegiance D. Council Communications & Liaison Reports - Mayor Dirksen advised there will be several liaison reports, which will be given during Agenda Item No. 8 (see below). E. Call to Council and Staff for Non - Agenda Items - None. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard - or.gov 1 Page 5 of 18 Ili 2. CITIZEN COMMUNICATION A. Follow -up to Previous Citizen Communication — None. B. Citizen Communication — Sign Up Sheet la Gary Romans, 13166 Broadmoor Drive, Tigard, OR 97223 spoke as a representative of the Mask & Mirror Community Theater. He thanked the City Council for its support of the arts and recreation in Tigard. He reported that more than 85 volunteers have put in more than 9,000 hours to fully stage three productions. A little more than 1,300 tickets were sold and all productions were financially viable. The group presented eight library readings, including the Tigard library where the public participated by reading parts in plays. They just completed managing the community stage at the Tigard Festival of Balloons. Next year, Mr. Romans advised that Mask & Mirror plans three more productions at the Tigard Calvin Presbyterian Church, where they are renting a stage. The group received a grant from the Cultural Coalition of Washington County and the Oregon Cultural Trust and they will provide free entertainment in an effort they are calling "Traveling Thespians." la Mayor Dirksen congratulated the group on a successful first season. HI Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: A. Approve City Council Meeting Minutes for: 1. June 5, 2012 B. Local Contract Review Board: 1. Award Fuel and Related Services Contract to Bretthauer Oil Company Motion by Councilor Wilson, seconded by Councilor Henderson, to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes TIGARD CITY COUNCIL MEETING MINUTES -JUNE 26, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1503-639-41711 www.tigard - or.gov 1 Page 6 of 18 Fi 4. PUBLIC HEARING - APPROVE ISSUANCE OF TAX EXEMPT BONDS BY YAMHILL COUNTY FOR THE BENEFIT OF GEORGE FOX UNIVERSITY - RESOLUTION • IQ Mayor Dirksen opened the public hearing. • Declarations or Challenges: None. • Finance and Information Services Department Director LaFrance presented the staff report. o This matter is, essentially, a formality as there is no financial impact to the City of Tigard for this action. The action is to help Yamhill County and George Fox University. The University has a campus in the City of Tigard. o The bond is being refinanced to take advantage of the favorable interest rates. o Because part of the bond proceeds were spent in the City of Tigard, the city is required by the Internal Revenue Service to take the action as proposed in the resolution. • Public Testimony - None. • Staff recommended the council approve the proposed resolution. • Council Questions o In response to a question from Councilor Henderson, Finance and Information Services Department Director LaFrance advised that George Fox University is an owner in the property where there campus is located in Tigard. A small portion of the bond proceeds were used for this facility. Finance and Information Services Department Director LaFrance said that as a non -profit organization, he is not sure that they are required to pay taxes. The bond is tax- exempt. • ICJ Mayor Dirksen closed the public hearing. • Council Consideration Motion by Council President Buehner, seconded by Councilor Wilson, to approve Resolution No. 12 -24. RESOLUTION NO. 12 -24 - A RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE REFUNDING BONDS, SERIES 2012A (GEORGE FOX UNIVERSITY PROJECT) (TAX- EXEMPT) BY YAMHILL COUNTY, OREGON TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard - or.gov 1 Page 7 of 18 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes 5. PUBLIC HEARING - APPROVE FISCAL YEAR 2012 YEAR -END SUPPLEMENTAL BUDGET AMENDMENT • IC=J Mayor Dirksen opened the public hearing. • Mayor Dirksen asked if any council member wished to declare or discuss a conflict of interest or abstention. There were no declarations and there was no discussion of a conflict of interest or abstention. • 1E9 Senior Analyst Collins presented the staff report. The items contained in the proposed amendment will be paid for by contingency funds or additional revenue. There will be no impact on the ending fund balances. Ms. Collins reviewed the list of items requiring council action, which are outlined in the Agenda Item Summary for this matter. • lEn Councilor Henderson inquired about the Fanno Creek Trail Parks SDC expenditures on the list of items requiring council action. Senior Analyst Collins advised the transfer will occur within the SDC accounts, not the General Fund. In response to a request from Councilor Henderson, Ms. Collins said she would provide the balance remaining in the General Fund Contingency. • El Public Testimony: None. • El Staff recommended approval of the proposed resolution. • _` Mayor Dirksen closed the public hearing. • IR Council Consideration Motion by Councilor Wilson, seconded by Councilor Woodard, to approve Resolution No. 12 -25. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard - or.gov I Page 8 of 18 RESOLUTION NO. 12 -25 - A RESOLUTION TO ADOPT A SUPPLEMENTAL BUDGET TO ACHIEVE THE FOLLOWING: BUDGET OF UNANTICIPATED EXPENDITURES IN PUBLIC WORKS, THE CAPITAL IMPROVEMENT PROGRAM, DEBT SERVICE, AND FINANCE & INFORMATION SERVICES The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes (Agenda Item No 6 was heard after No. 7) 6. PRESENTATION OF THE CITY OF TIGARD'S AUDIT AND APPROVE THE FINANCIAL OPERATION'S DIVISION RESPONSE TO THE SECRETARY OF STATE'S AUDITS DIVISIONS FINDINGS REGARDING THE CITY'S ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2011 - RESOLUTION Assistant Finance Director Smith -Wagar and Mr. Robert Moody, CPA and partner of the Talbot, Korvola, and Warwick firm presented information to the council. The City of Tigard was selected for a review this year by the Oregon Secretary of State's Audits Division. Mr. Moody presented required communications to the council. Assistant Finance Director Smith - Wagar distributed the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2011. • Mr. Moody introduced his firm's "In Charge" for the audit, Monica Parker. • Mr. Moody referred to his "Report to the Council." (State and Auditing Standards No. 114) He advised that if there had been any disagreements with management about accounting pronouncements or implementation, this would have been in this report. In addition, if there had been any significant problem with the audit, it would have been included in the report. He urged the City Council members to review this report and said there is information about upcoming standards. • This audit for 2011 went very well and is a testament to the City of Tigard staff. They were prepared and responsive to requests from the auditors. • The purpose of an audit is to provide an opinion whether financial statements are materially correct as presented; i.e., reasonable assurance. The auditors review a sample of a variety of records representative of the financial records generated by the city. The sample and review is designed to include enough data to support the auditors' conclusions and opinions reached on the financial statements. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard- or.gov 1 Page 9 of 18 • Based on the work conducted in the audit, the auditors gave the city a "clean opinion" or an unqualified opinion on the city's financial statements. This is the highest level of assurance the auditors can give a city as independent CPA's. He clarified that the audit is not a fraud, forensic or performance audit. The audit his firm conducted was a financial statement audit as his firm was engaged to perform. • Mr. Moody advised his firm supports the formation of an audit committee. This will give his firm an opportunity to present more detail on findings throughout the audit process. • The firm's opinion is on Page 15 of the financial statement document. This is the only piece within the financial statement that was prepared by the auditor. The remaining pages of the documents were prepared by City of Tigard staff. • Mr. Moody urged the City Council to look at the Management's Discussion and Analysis contained in the financial statement, beginning on Page 17. This is a good summary of the status of the financial picture for the city in 2010 and 2011. This summary is written to be useful so the average reader can understand the financial condition of the city. • The biggest change that occurred with the 2011 financial statement was the implementation of GASB Statement No. 54. This statement is from the requirement for local governments to review fund structure and definitions; i.e., General Fund, Special Revenue Funds, Capital Project Funds, and Debt Service Funds. The objective is to make sure that the way the city is using its funds is within the definitions. Prior to GASB 54, the fund balance in governmental funds was shown in three areas: reserved, unreserved, and unreserved designated. Over time these three areas lost identity with regard to what these funds were to be used for from organization to organization. Now the fund balance is divided into five areas: restricted (external restriction); commitment (internal restriction); assigned; unassigned; and non - spendable (not easily converted to cash — i.e., long -term receivables and inventory). • Mr. Moody referred to Page 38 of the financial statement document. The beginning fund balance was restated to correct a previous presentation of inter -fund loans. Staff brought this to the auditors' attention early in the audit process so the presentation could be corrected. ID Mr. Moody asked for questions from the City Council. In a discussion with Councilor Henderson, Mr. Moody commented about the good efforts by staff. There were a number of meetings among the auditors and staff to discuss and reach agreement on how to address issues. Y Mr. Moody referred to the Federal Compliance Audit also performed by his firm. The City of Tigard spends a number of federal dollars each year and, as a result, is subject to a "single audit," (if more than $500,000 of federal funds are expended). A separate set of reports were issued. One of the reports is on compliance and internal control at the financial statement level (Page 179 of the financial statement). This report contains the auditors' review of internal controls and compliance. The auditors made note of a couple of things. When specifically reviewing the federal compliance, each grant that the city receives and spends comes with one or more of fourteen potential compliance requirements. The city did a good job in documenting compliance and internal controls over compliance, no findings were noted. TIGARD CITY COUNCIL MEETING MINUTES -JUNE 26 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1503-639-41711 www.tigard - or.gov 1 Page 10 of 18 The auditors put together a schedule of "findings and question costs." Findings highlighted were reviewed by Mr. Moody. No findings were serious; items discovered were corrected and steps outlined so the errors would not recur. Assistant Finance Director Smith -Wagar presented information on the Oregon Secretary of State's Audits Division set of six findings and the steps the city is taking to correct these findings. These steps are outlined in the proposed resolution before the City Council and include: • Need for more review of work — scheduling enough time for review and having a sufficient number of trained staff to conduct the review. Steps have been taken to provide sufficient time for review and training has been provided to another staff member. • While staff takes the findings seriously, none of the six findings by the Audits Division had an impact on the ending fund balance. The six findings, as addressed in the proposed resolution were reviewed by Assistant Finance Director Smith - Wagar; see Appendix A of Resolution No. 12 -27. State law requires the city council to consider and approve a resolution stating: 1. The city staff has received additional training; 2. More internal controls over reporting have been instituted — someone who does the work and someone who reviews this work. 3. Audit procedures timing and financial report preparation schedule have been revised to allow sufficient time for reviews. Council President Buehner asked if her understanding was correct in that staff and the city's auditor had already found most of these issues before the state's letter was received and staff was in the process of taking corrective action. Assistant Finance Director Smith -Wagar said a couple of the errors were discovered prior to the state's letter and also steps were being taken to provide for a better review process. Councilor Woodard referred to the state's letter, notation No. 4. Assistant Finance Director Smith - Wagar explained that fund balances listed on Page 37 and Page 75 of the Financial Report should be broken out into the same categories. (Page 75 should have been broken out the same as Page 37 according to the state audit manager). Staff will work with the audit manager to determine whether this is appropriate. Mr. Moody said he and others take the position that GASB has no real jurisdiction behind the notes; rather, GASB sets generally accepted accounting principles and budgetary schedules are not subject to the same requirements — this position will be discussed further with the state audit staff. In response to a question from Councilor Henderson, Assistant Finance Director Smith -Wagar advised the state performed a desk review of the financial report; they did not come on site. They have no conversations with the staff of the jurisdictions they are reviewing. Every year a number of reports are selected for review. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1503-639-41711 www.tigard- or.gov 1 Page 11 of 18 In response to a question from Councilor Wilson, Mr. Moody advised the rules are applied the same by the state to all size of cities, except if the city is really small. Some cities are so small, they are not subject to the audit requirements. Motion by Council President Buehner, seconded by Councilor Wilson, to approve Resolution No. 12 -27. RESOLUTION NO. 12 -27 - A RESOLUTION APPROVING THE FINANCIAL OPERATIONS DIVISION'S RESPONSE TO THE SECRETARY OF STATE AUDITS DIVISION'S FINDINGS REGARDING THE CITY'S ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2011. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes El (This item was considered by council before Agenda Item No. 6) 7. ESTABLISH THE CITY OF TIGARD AUDIT COMMITTEE - RESOLUTION Assistant Finance Director Smith -Wagar presented the staff report. Also present to assist with information presented to the City Council was Mr. Rob Moody from the Certified Public Accountant firm of Talbot, Korvola, and Warwick. Ms. Smith -Wagar reviewed the structure of the proposed audit committee as outlined in the Agenda Item Summary for this matter. This proposal was reviewed previously with the Council /Budget Committee and would create a body that the Auditor can report to that is independent of management and Council. During a previous discussion with the council, it was the preference for a member of the council, the budget committee and the general public to make up the membership of the Audit Committee. Assistant Finance Director Smith -Wagar described the proposed structure and terms of the committee members. In response to a question from Councilor Henderson, Assistant Finance Director Smith -Wagar advised the committee would start soon. The audit for FY 2011 is finished and the audit for FY 2012 will be starting soon. Councilor Henderson referred to the turnover that might occur on the council and how this was anticipated with regard to membership. Assistant Finance Director Smith -Wagar said if a council member left before the end of his or her term on the Audit Committee, then another City Council TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 www.tigard - or.gov 1 Page 12 of 18 member could be named as a replacement; or, the City Council could ask the person leaving the council to continue as a member of the Audit Committee. Mr. Moody offered some information on how several of their clients handle committee membership. The City of McMinnville has two councilors on their Audit Committee along with a Budget Committee member. Washington County has a commissioner and five other members that are at -large and are financial professionals, mostly in government. Clackamas County's Audit Committee is made up of one commissioner and several other individuals. There are many other models. He referred to Ms. Smith - Wagar's comments regarding the benefits of an Audit Committee. Typically, having someone with financial expertise /background is a primary goal so that the fiduciary responsibility for the City Council is fulfilled without taking all of the council's valuable agenda time. The Audit Committee would have the opportunity to focus on issues during the audit as well as the oversight of the independent auditors. Councilor Henderson asked about the set up for terms. Assistant Finance Director Smith -Wagar said the goal would be to stagger the terms so all of the committee members would not be "brand new" at once. She said the council might decide to choose a council person to serve who is not up for election and could be expected to be around for the two years of the term. Mayor Dirksen noted that the council has the authority to choose whom they wish from among the City Council members. Because of the circumstances for this year, the decision could be based upon who could serve the entire term. Council President Buehner asked about the requirements for the Audit Committee. Mr. Moody advised, as auditors, their professional standards require them to have communications with the council or audit committee; i.e., those charged with governance. He described activities such as preliminary conversations about risks of fraud and internal control structure and the audit committee's role including risk assessment, monitoring, control procedures and the information flow throughout the organization. Each year the auditors would orient new members and talk to them about the basic approach and inquire if the new member can identify any areas that should be worked into the audit plan. IR Mayor Dirksen spoke to his support of the composition of the proposed committee members. lI Motion by Council President Buehner, seconded by Councilor Henderson, to approve Resolution No. 12 -26. RESOLUTION NO. 12 -26 - A RESOLUTION ESTABLISHING THE CITY OF TIGARD AUDIT COMMTFI EE The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes TIGARD CITY COUNCIL MEETING MINUTES -JUNE 26 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard - or.gov Page 13 of 18 Ii 8. COUNCIL LIAISON REPORTS • Councilor Woodard - Economic Development Councilor Woodard said he was planning to give a slide presentation to the City Council on July 10. He and Councilor Henderson attended two economic development national seminars. In his report on July 10, he will cover information regarding the components already in place in Tigard to promote economic development as well as steps that could be added. While it is not the government's job to directly create businesses or jobs, it does need to be responsible for land use and transportation policies that would stimulate the local economy. He spoke to establishing an economic development organization. The new way to do business is through an economic development organization. He quoted a source from the seminar: Ifyour city doesn't have an economic development organ <ation with an effective, interactive website or nice brochure that shows what your community is attempting to sell or market to business as a quality of place within a geographic location, you will lose out on many investments that are good for your community. On July 10, Councilor Woodard will present the types of grant opportunities that could be offered to the City of Tigard by coordinating with investors and others. He referred to land use development and redevelopment steps that could be considered. He suggested that it might be a good idea to hold a workshop discussion after his presentation on July 10 and requested the Mayor consider setting this for a future agenda item. The mayor indicated he would like to discuss this with the council after the presentation regarding a date to hold a conversation on the ideas presented by Councilor Woodard. The mayor said he has always felt strongly that the city needed to move into the area of economic development. The combination of where we are with regard to financial stability for the country and the city — as well as where we are in the plans for the downtown and the southwest corridor — indicates this discussion would be timely. Councilor Woodard referred to cost - effective models for Tigard to investigate. • Council President Buehner — Westside Economic Alliance Council President Buehner attended an Alliance meeting where a speaker compared Portland to Seattle with regard to their respective economic situations. Here is a summary of the speaker's remarks: • The Seattle and Portland areas were similar in terms of net income /wages. Oregon declined somewhat in the 1980's, during the recession creating a small gap from how TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1503-639-4171 1 www.tigard - or.gov 1 Page 14 of 18 Seattle was faring economically. In the 1990's Seattle started to "take off" and grew even faster in the 2000's. The Portland metro area, as a whole, has failed to recognize some of the needs in terms of wage increases and employment centers. • One of the reasons for the Portland situation includes the fact that many large companies have left the area. • In the last ten years in the traded sector, Portland and Seattle compare similarly. The big difference is in traded services — wages are higher in Seattle in relation to the cost of living. • Washington County has been carrying the entire Metro area. Were it not for Washington County's economic development, Portland's economy would have shown a decline. • One of the issues identified by the speaker was the lack of regional consensus about "where we should be going as a region" and whether there should be focus on economic development. This has compromised the ability of the region to grow. • Council President Buehner said she has requested a copy of the PowerPoint presentation given by the speaker and will share it with the rest of the council. (Note: after Mayor Dirksen's remarks below, Council President Buehner asked that she be given an opportunity to give a report on water issues at the next meeting.) • Mayor Dirksen reported on: • A draft of legislative concepts from the League of Oregon Cities from the Community Development Policy Committee. Areas of concepts included: o Brownfields — recommending that the state recapitalize the brownfields redevelopment fund program with $10 million in the Oregon Business Development Department Budget. o Industrial Lands — recommending providing $20 million for a new program to support the "Patient Capital for Industrial Lands Infrastructure Pilot Program "; also to be forwarded to the Oregon Business Development Department Budget. o Reuse and Redevelopment — recommending providing a $15 million seed fund to support the employment site reuse and redevelopment program. This would incentivize the reuse of brownfields. o Population Forecasting — this matter came forward from smaller communities that lack the staff and resources to provide population forecasting. The committee supported legislation for population forecasts to be generated by Portland State University with opportunity for city input, which would include updated numbers every four years. Because this would be generated by an outside agency, this would not be considered a land use decision and, therefore, cannot be appealed to the Land Use Board of Appeals. This effort could be funded by existing state resources. Mayor Dirksen said he recommended that this could be offered to a city as an option or they could choose to do it themselves. • Mayor Dirksen referred to a request from the League of Oregon Cities asking Oregon city council members to suggest issues to add to the League's 2013 TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1503-639-41711 www.tigard - or.gov Page 15 of 18 legislative agenda. City Manager Wine reported that this matter is scheduled for the July 10 business meeting. • Mayor Dirksen attended the U.S. Conference of Mayors Annual Convention a couple of weeks ago. One of the sessions he attended had to do with small businesses and franchises. There was support for the concept of franchising. One notion offered was to give returning war veterans priority status to take advantage of franchising opportunities. Mayor Dirksen referred to the "Mayor's Access to Capital Resource Guide." One of the problems for small businesses is the ability to access capital for improvements or expansion. There are ways a city can be supportive; i.e.: o Provide small business loan guarantees. o Participate in "Small Business Saturday," which is the day after "Black Friday" (day after Thanksgiving) to support small businesses during the holiday shopping season. o Sponsor "access to capital forums" for small businesses city resources to gather information and resources for small business owners to learn of opportunities to make their businesses thrive and grow. Mayor Dirksen said he thought that this might be something that could be jointly sponsored with the city and the Chamber of Commerce. In response to Council President Buehner's question as to whether it would be worthwhile to meet with federal small business administration representatives the next time the council members are in Washington D.C., Mayor Dirksen offered that the local small business administration office is willing to work with cities for local funding and support opportunities. Mayor Dirksen sat in on the Energy Standing Committee meeting. They discussed scenarios and approved measures to lead toward U.S. energy independence. Mayor Dirksen also attended the Transportation and Communications Standing Committee. He offered comments on funding transportation projects and working with the federal government to overcome its current logjam. Mayor Dirksen spoke of the advantages of belonging to the U.S. Conference of Mayors, not only for the purposes of networking, but also to have more opportunity to get information and have a part in policymaking at a higher level. He recommends Tigard's continued involvement. He said he thinks the mayor should attend the summer meeting and explore the possibility of also attending the winter meeting. • Mayor Dirksen made an announcement regarding his resignation as City of Tigard Mayor, effective December 31, 2012. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 97223 1503-639-41711 www.tigard - or.gov 1 Page 16 of 18 Tigard City Council members received an email from Mayor Dirksen on June 22, 2012, stating that Metro announced they had received and accepted the results of the Primary Election that identified him as the winner in the District 3 Metro Council race. The text of the mayor's announcement follows: Dear Tigard Citizens, Council and Staff, It is with decidedly mixed feelings, including no small amount of trepidation, that I hereby tender my resignation as mayor of Tigard, effective December 31, 2012. As you know, this last May 8 I received over 50 percent of the vote for the office of Metro Councilor for District 3, which includes the City of Tigard as well as much of the City of Beaverton plus the cities of Tualatin, Sherwood, Wilsonville, King City and Durham, and the surrounding unincorporated lands inside the urban growth boundary. Therefore, I will be taking that seat on or around January 1", 2013, at the conclusion of the term of the current Metro Councilor for the District, Carl Hosticka. Since state law and the Tigard City Charter precludes holding two elected offices concurrently, my acceptance of the Metro Council seat next year demands my prior resignation from my current term of mayor, which is not due to end until December 2014. Given the opportunity, my preference would be almost certainy to remain as mayor as long as the good residents of Tigard would see fit to reelect me. However, the City Charter also stipulates the limits to the terms a mayor is allowed to fill. This limitation would prevent me from running for reelection at the end of my current term. Serving as the mayor of Tigard has been the most fulfilling and rewarding experience of my life. To be the mayor is a special position in any case, but having the privilege of being the mayor of a wonde city like Tigard has only added to the felicity and I can only hope that my future as a Metro Councilor can be half as grating. However, I leave with a sense of accomplishment as I look back at what we've achieved during my time in office at Tigard: • A new library; • The successful creation of the downtown improvement plan and the urban renewal district, to help make it a reality; • Securing stable funding for street maintenance and improvements and, most of all -- • The expansion of our parks and open space inventory, from just 288 acres to over 500 acres, with more still to come as we continue to utilize the remainder of our park bond. Our parks are truly a treasure beyond value that will continue to bless the citizens of Tigard for all future time. Though I am leaving the Council, I am not leaving Tigard. Jackie and I have lived here for 35 years and this is our home. Our sons, Chris and Eric, both live here with their families as well. As your Metro Councilor, I look forward to many more years of collaboration as we work together to meet the challenges of the future. TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 I www.tigard- or.gov I Page 17 of 18 Best wishes, Craig Dirksen 9. NON AGENDA ITEMS: None. 10. EXECUTIVE SESSION: Not held. RJ 11. ADJOURNMENT: 9:05 p.m. Motion by Councilor Wilson, seconded by Councilor Woodard, to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes Catherine Wheatley, City Recorder Attest: Mayor, City of Tigard Date: I: \adm \cathy \ccm \2012 \final minutes \6 june \120626 final minutes.docx TIGARD CITY COUNCIL MEETING MINUTES - JUNE 26, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 I www.tigard - or.gov I Page 18 of 18 • City of Tigard ■ Tigard Workshop Meeting — Minutes TIGARD July 17 2012 El 1. WORKSHOP MEETING A. At 6:33 p.m. Mayor Dirksen called the Tigard City Council Workshop Meeting to order. B. Deputy City Recorder Krager called the roll. Present Absent Councilor Woodard ✓ Councilor Wilson ✓ Council President Buehner ✓ Mayor Dirksen ✓ Councilor Henderson ✓ C. Pledge of Allegiance D. Council Communications and Liaison Reports — Mayor Dirksen said he would provide some regional information regarding land use and transportation to council and some will be made available online. E. Call to Council and Staff for Non - Agenda Items 2. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD (PRAB) PRAB Members present: Chair Troy Mears, Marshall Henry, Holly Polivka, Gordon Kunkle and Hong Dao. Parks and Facilities Manager Martin distributed a map showing recommended park development projects to help guide the discussion. This map has been added to the packet for this meeting. He noted that around $6 million remains from the $17 million park bond. PRAB has been considering park development in their recent meetings and has received some good cost estimate information, especially for parks with concept master plans. He said PRAB members will lead the discussion. TIGARD CITY COUNCIL MINUTES - JULY 17, 2012 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard - or.gov Page 1 of 12 PRAB Chair Mears requested that staff consider moving forward with the design on four projects: Fanno Creek House, Jack Park, East Butte Heritage Park, and the Summer Creek property. He said they received budget numbers on minimal construction to make the parks usable. PRAB also requested a list from staff of shelved park projects for possible bond funding. These are referred to as Supplemental Development Projects, and include master plans for the Sunrise and Paull properties. He said one of the criteria for spending park bond funds was that they be spread around so citizens in each area of the city can enjoy the improvements. He said many of these parks have not seen development in a long time. He said PRAB considered what the minimal cost would be just to make a park usable, and another criterion was to provide enough funding towards development improvement so the city could add to the funds with system development charges (SDC's) and build future projects. PRAB Member Polivka commented that tax payers are getting a lot for their money. These projects are not large but will be very visible. Council President Buehner asked about Jack Park and how much of the $350,000 would be committed to the access bridge. Parks and Facilities Manager Martin said the bridge and trail would be covered in that amount. He said the playground and community gardens were removed, as both can be built at a future date, and noted that the playground is a good grant project candidate. Council President Buehner asked about bridge lighting. PRAB Chair Mears said solar lighting is under consideration. Council President Buehner questioned whether there is enough sunlight in winter months to power the lights and Chair Mears said advances made in solar technology would ensure adequate lighting. Councilor Woodard said he was impressed with how PRAB interpreted the development allotment, which can be confusing. Councilor Wilson said the goal was to obtain as much land as possible while it is still available yet allocate twenty- percent towards accessibility so it is clear to the public what they purchased by supporting the parks bond. He said he may have reserved more money for the acquisition of new parks or green space and been stingier on existing parks, but he acknowledged that he had not studied everything to the detail the PRAB did. Councilor Wilson said he was concerned about the amount of money spent on half- street improvements. He said the sidewalk connection along Tigard Street is a good pedestrian extension, but discouraged the PRAB from using utility undergrounding money as he thought it should be used for visually cluttered areas. He did not consider Tigard Street one of those areas. PRAB Chair Mears said the PRAB shares Councilor Wilson's concerns about paying for half -street improvements, but they are a city requirement. Councilor Wilson asked how much money is being spent. Parks and Facilities Manager Martin replied it would cost $500,000 for half -street improvements along the Summer Creek property on Tigard Street from Gallo Street to the Fanno Creek Bridge. This does not include bridge replacement. TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard- or.gov Page 2 of 12 Councilor Wilson said it is worth a conversation on the issue before committing to those street improvements because the public's money is paying for it. Assistant Public Works Director Rager said staff and the PRAB struggled with this issue but the bottom line is that Tigard's development code lays out requirements that the city must follow. Councilor Wilson asked if curbs, gutters and sidewalks are always necessary adjacent to a natural area. He recommended a simple swale treatment or a flush curb. He asked if there is a way to add another street category to the code, such as "park streets." PRAB Chair Mears suggested using SDC funds for the street improvements portion and using park bond funds for actual park development. El Mayor Dirksen asked staff if there was any reason not to use the maximum amount of SDC's to supplement the bond money. Assistant Public Works Director Rager said there was no reason not to use the maximum. Mayor Dirksen strongly suggested using SDC funds, which were collected for this purpose, to match bond funds and make them go farther. Council President Buehner agreed. Mayor Dirksen said he recognizes that Councilor Wilson has some expertise that the rest of council does not and he suggested that Councilor Wilson meet with staff to review and bring recommendations forward to council for consideration. He asked council if anyone had any reservations and none were voiced. Councilor Wilson said he was agreeable to this and held a particular interest in Sunrise Park. He said he would like it surveyed, graded for lawn and parking areas and picnic tables added for now. Other improvements can be done later. Council President Buehner noted that a reservoir is planned in the future near Sunrise Park and she thought when it is under construction that would be an opportune time to plan major improvements. Public Works Director Koellermeier said the reservoir project is scheduled for 2017 or 2018 and coordination is already planned. Councilor Wilson said there may be some neighborhood issues regarding access and security. Council President Buehner mentioned an existing road at Sunrise Park, near Mistletoe, that is currently covered by blackberry vines. She suggested it be cleared for a safe access for bicycles and pedestrians at a minimum, with potential vehicle access planned for the future. PRAB Chair Mears said the PRAB's recommendation is to have a master plan for each new park within six months to assist with obtaining grants. Mayor Dirksen commented that he was pleased to read in PRAB's report that they are still looking at acquiring land because there are some small parcels remaining that he would like the city to bring into the park system inventory. He asked how much bond money is left for both acquisitions and development. Parks and Facilities Manager Martin said there is $1.7 million remaining for downtown properties and some funds allocated for a few smaller purchases that will be coming to council for approval. He said that leaves approximately $1.5 million. TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard- or.gov Page 3 of 12 Councilor Henderson asked if any of the allocation for the downtown area has been spent and Parks and Facilities Manager Martin said it had not. Councilor Henderson asked if some of that amount is available for development and Parks and Facilities Manager Martin said up to twenty- percent can be spent on development. PRAB Chair Mears said it was important to note that these numbers are estimates. He said there may be savings and PRAB recommends rolling any savings over into more acquisitions or furthering along another development project. In response to a question from Council President Buehner, he said Fanno Creek House and East Butte Heritage Park are ready to go to bid. He said most projects will start next spring and summer. Councilor Henderson confirmed that the money must be spent within eighteen months. Mayor Dirksen said the money does not have to be all spent but it has to be allocated. Parks and Facilities Manager Martin said staff was operating under the impression it had to be spent and Mayor Dirksen encouraged them to keep to that schedule. "Doing these projects sooner rather than later is definitely what I would like. Let's go on that assumption." Councilor Wilson advised there needs to be a strategy if it appears it cannot all be spent, such as purchase of a property for later resale. PRAB Chair Mears responded that there are properties under consideration for that very purpose. Mayor Dirksen said he understand the concerns about using other funds and the frustration with using park money for street improvements. He said however, that making improvements along the park frontage is an enhancement that encourages their use. He said he agreed with the prioritization of projects and thought that doing Jack Park and East Butte Heritage Park in the short term is the right direction. He commented that staff and the PRAB have balanced the needs of the community well. 3. JOINT MEETING WITH THE TIGARD TRANSPORTATION ADVISORY COMMT I EE Senior Transportation Planner Gray said she and Senior Project Engineer McCarthy are the staff liaisons to the Tigard Transportation Advisory Committee (l`l'AC). She gave council a discussion outline. A copy of this document has been added to the packet for this meeting. TTAC members present were: Chair Steve Bass, Karen Hughart, Don Schmidt, Steve Boughton, and Mark Bogert. TTAC Member Hughart described the composition of the committee and said there are two vacancies and two alternate positions on the Committee. TTAC Chair Bass said TTAC members have spent over 200 hours in meetings the past year and likely about the same amount of time studying the issues. He said the high capacity transit land use plan was their most challenging topic. As a subcommittee of the Citizens Advisory Committee they finalized and recommended station concepts in November. TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard - or.gov Page 4 of 12 He said TTAC strongly agrees that the high capacity land use plan is consistent with city policies and goals, the Comprehensive Plan and the Transportation System Plan. TTAC Chair Bass said another project the TTAC participated in is the ongoing Pacific Highway /McDonald Street /Gaarde Street intersection project. A few important issues TTAC considered were safety, landowner impact, cost and the benefit of potential improvements. TTAC was also asked to help prioritize the Capital Improvement Plan (CIP) by viewing the projects and seeking recommendations from citizens and staff. TTAC Chair Bass said the committee enjoyed this project and noted that TTAC priorities ran parallel to those of staff. He said TTAC feels these projects are exactly the type of projects they should be reviewing. TTAC Bicyde /Pedestrian subcommittee member Boughton said his subcommittee receives feedback and prioritizes opportunities from the bicyclist or pedestrian's viewpoint. He said they are in the process of gathering information on Tigard's bicycle and pedestrian flow. They organized a free family ride to encourage people to ride downtown and support local businesses. He said they would like to have a larger event and Mayor Dirksen suggested they contact the Bicycle Transportation Alliance's (BTA) website and invite their members to join them in a ride. TTAC member Boughton commented that what he likes about being on the subcommittee is the ability to work on small projects that can make a big difference in Tigard. TTAC Member Schmidt said the committee reviewed project designs for the intersection at Pacific Highway /McDonald Street /Gaarde Street. He noted that work on the transit service enhancements is very important and the committee hopes to work with TriMet on the westside enhancement efforts. Mayor Dirksen offered some background on the westside enhancement program which has just begun. They are starting at Highway 26 and working their way down, examining how existing bus lines can be reoriented or combined to provide better service. Mayor Dirksen said any member of TTAC is welcome to occasionally attend WCCC and JPACT meetings. He said that even though they can't "sit at the table" it would still be interesting to them and helpful to get a perspective of how Tigard fits into the larger regional scheme, funding sources, and how transportation money gets allocated. Council President Buehner reported that the Washington County Coordinating Committee (WCCC) placed Walnut Street on the priority list last week. She said the Walnut Street project will provide greater safety for walkers, school children and traffic. There is also an upcoming large sewer project along Walnut. Mayor Dirksen said this one project meets many different transportation needs for this area of the city. Senior Project Engineer McCarthy said Washington County is in the process of selecting the design team for Walnut Street. The first phase will be an alternatives analysis which will TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard- or.gov Page 5 of 12 likely last throughout the fall. He said in early 2013 staff will bring sixty- percent design and TTAC recommendations to council. In response to a question from Council President Buehner regarding timing, Senior Project Engineer McCarthy said construction will begin in 2014, when the funding is available. Councilor Henderson asked who would interface with the school and neighbors. He mentioned a property that will be a challenge due to the difference in grades. Senior Project Engineer McCarthy said he is contacting stakeholders now. He noted that much of the right of way for this project was purchased years ago and the city will do its best to fit within that right of way, but he said there will be negotiation with property owners as the project progresses. Mayor Dirksen added that the design for most of this project is already done and the city has been waiting for funding. Council President Buehner said small business owners in the Pacific Highway/ McDonald Street /Gaarde Street neighborhood are aware that the city is spending ODOT money on the intersection improvement project. She said they need to be involved and informed through meetings with staff. She said she hoped a few TTAC members would also be involved in these meetings as some of them are also business owners. She noted that the owner of the Bull Mountain Pub has offered his meeting space for outreach meetings. Senior Project Engineer McCarthy said TTAC has developed a recommendation on an alternative which will be presented to council at the August 14, 2012 meeting. He said he will be meeting with business owners over the next few weeks. TTAC Chair Bass said public outreach was discussed at the most recent TTAC meeting. He referred to the high level of public outreach with the high capacity transit planning process held at various locations in the community and said TTAC would like to see that level of public outreach with other projects. He said they take the concerns of business and homeowners seriously. TTAC Chair Bass thanked council for their comments and asked if they thought TTAC is on the right track with their work plan. Mayor Dirksen replied that what TTAC has outlined is right in line what he pictured their ongoing duties to be. He said that as the city moves forward with projects, TTAC should be involved during design and public outreach. He said it was important for the citizen members of TTAC to help staff explain upcoming changes and impacts to those citizens affected by them. TTAC Chair Bass said, "The TTAC members are Tigard citizens, not transportation experts, and that is the perspective we bring to the table." Councilor Henderson suggested the bicycle subcommittee consider putting together a ride for the Tigard Street Fair event coming up on August 11. City Manager Wine said she can pass along contact names to him for this and other downtown events. Council President Buehner acknowledged Mayor Dirksen for his participation on the High Capacity Transit Citizen Advisory Committee relating to land use. She said appropriate land use needs to be considered before making transportation decisions. TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard- or.gov Page 6 of 12 Councilor Woodard suggested joint discussions with PRAB would be useful when considering the trail system. He said he often walks Tigard's trails and is surprised to see how much they are used. He said this indicates to him that these multi-modal access trails are going to be important for how business is done in the future. He urged members of the committee to track users with trail counts and share that information with council and other committees. Senior Transportation Planner McCarthy thanked the TTAC members for their insight and expressed appreciation for their willingness to do in -depth research and their commitment to learning about transportation issues. At 7:41 p.m. Mayor Dirksen called for a ten - minute recess. At 7:53 p.m. Mayor Dirksen called the council meeting to order. 4. RE- EVALUATE THE CITY'S ANNEXATION POLICY - BACKGROUND REPORT AND DISCUSSION Acting Community Development Director Hartnett provided background information in preparation for a discussion on the city's annexation policy. She said council approved renewal of existing annexation incentives in February, 2012. At that meeting staff was directed to prepare background information to provide the foundation for a broader discussion. She said Associate Planner Pagenstecher prepared the Annexation Background Report, which was included in the council packet for this item. Mayor Dirksen said that while he did not agree with everything in the report, it was a good overview. Acting Community Development Director Hartnett read highlights of the report. She said there are four general topic areas that she and City Manager Wine developed to help structure and prioritize the first formal, in -depth discussion on annexation, scheduled for the August 21, 2012 workshop meeting. She asked council to inform her of additional information they would like to have prior to the workshop meeting. She said council should consider the following in preparation for the discussion: • Is a separate philosophy and approach for island annexation, as distinguished from extra - territorial annexations, needed? If so, what would the key components of that philosophy and approach include? Are there special processes or incentives worth exploring? • Is it helpful to have separate discussions on extra - territorial annexation of urbanized areas from those extra - territorial areas that are undeveloped? • If so, for the urbanized areas, the following questions might be helpful to consider: o Are the incentives in the current policy working? Are the incentives relevant to these property owners? o Are there incentives that could be added? TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard- or.gov Page 7 of 12 o Are there things the city could do to invite or entice these property owners to consider annexation? • For the undeveloped areas some of the same questions could be considered. In addition, the link between the philosophy and approach for annexation of these areas and the timely completion of the River Terrace planning activities should be discussed. Council President Buehner suggested removing Arlington Heights from the other islands because it is the only one that is fully developed. Acting Community Development Director Hartnett replied that Arlington Heights would be considered separately from the other islands. Council President Buehner mentioned another island where the city has recently purchased two properties (Paull and Eiswerth properties). Mayor Dirksen said the city is in the process of annexing this island as two of the properties are planned for public park use. Council President Buchner said Tigard's elected officials should be personally involved when contacting people about potential annexation and felt that sending letters was not adequate. City Manager Wine asked council how limited city staffing resources should be allocated. Each type of outreach represents a certain amount of work and the River Terrace Community Plan is a significant effort, in addition to island and extra - territorial annexations. Mayor Dirksen said having a unified policy for all annexations would be difficult because each area requires a different approach or contact. He said his number one priority for staff is the recent inclusion into the urban growth boundary of River Terrace, Roy Rogers West, and Area 63. He said Tigard has made commitments at both the regional and county levels and also to individual property owners to move forward with the River Terrace Community Plan and make adjustments to the code as needed to allow those areas to open up for development. He said areas that are not able to move forward with development have stymied the entire region as they look at urbanization issues and urban growth boundary expansion issues. When areas are brought into the UGB and not developed, any planning is difficult. It is important to get impediments to development out of the way. Mayor Dirksen suggested to council that since the timeline for the River Terrace Community Plan is later than what was first planned, the city should consider postponing the tax phase - in for Areas 63 and 64. He said nothing can be done with these properties until the plan is complete. City Manager Wine said she will ask staff to evaluate the fiscal implications of postponing the phase -in period. Acting Community Development Director Hartnett said this information will be provided to council prior to the August 21 workshop meeting. l Ei Councilor Wilson said what he is hearing tonight is that developing one island policy is futile because the islands are all different. Mayor Dirksen said the city needs to look at each island and consider incentives and a policy for each. In response to a question from Councilor Woodard, Mayor Dirksen said as long as the property and use remain as they are TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard - or.gov Page 8 of 12 presently under Washington County, taxes will not increase until the Community Plan is complete, the city has rezoned them and owners are allowed to initiate urban development. He said it is fair to postpone increases until the land use changes. Councilor Wilson noted that the phase -in period is legally limited to ten years. Mayor Dirksen said in this instance the timeframe would be closer to two years. Mayor Dirksen said it was important to him that undeveloped islands to be annexed before they are developed. He said this is legally required regardless but the city may need to get aggressive on this. Acting Community Development Director Hartnett said it is clear that people who like living in their islands do not have a development incentive. Council President Buehner agreed but said due to aging owners wanting to downsize, there will be ownership changes in the near future. Councilor Woodard asked about police resources for islands. City Manager Wine said the county would most likely report that their preference is for Tigard to annex these islands to efficiently cover the areas with enhanced sheriff patrol. Councilor Woodard noted that Tigard would have to look at police resources when annexing these islands. Mayor Dirksen said he disagreed with the police budget impacts listed in the report. He said the costs seemed very high, yet in reality the initial impacts will be low, based on small population numbers. It would grow slowly, but so would the city's revenues. He noted that annexing already developed areas would require hiring more officers and this takes time. The same was true for public works costs. He said it will be easier to absorb undeveloped areas. As those areas develop, many of the costs are borne by private developers and not the city. Councilor Henderson expressed concern about the cost impacts of annexing unincorporated developed areas, which will be greater in the future as the infrastructure ages. He said, "On a sustainable level, it will cost our children." He said the city would be better off doing this sooner than later. Mayor Dirksen agreed and suggested an incentive for the larger unincorporated areas to come into the city before their infrastructure ages or fails. He said by the time they see an incentive to come into the city, Tigard will have a disincentive to take on their aging infrastructure. He noted that Tigard is purchasing park land from the bond measure but there is not enough money to develop all the new parks, particularly those on Bull Mountain. He proposed offering annexation to the neighborhoods served by these parks. They would pay their taxes to the city but any increases they realize could be sequestered and used to develop park amenities in their areas. Councilor Henderson commented that it was a form of tax increment financing. Councilor Woodard said this addresses his concerns about making the recent park purchases useful for families. Councilor Wilson said he would like to see more study on this before it is proposed. TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard- or.gov Page 9 of 12 II Councilor Woodard questioned the condition of infrastructure, such as Bull Mountain Road. Mayor Dirksen said if those streets come into the city the residents will start to pay street maintenance fees as the rest of the city does, providing funds for street improvement. Councilor Wilson said bringing in Areas 63 and 64 accomplishes a long -term goal of council to get ahead of development instead of following behind. He said the economy is turning around and there is potential for development to move quickly. He said he is concerned about the police department patrolling this large area with a huge gap between annexed areas and not many connecting roads. He said the annexations and planning need to be done before the city takes additional steps with other areas. He suggested that the city begin a dialog with the people living in the developed unincorporated area to explore their current views, given this change in the landscape. Councilor Henderson said he was concerned about the community development department workload. Acting Community Development Director Hartnett summarized what staff will produce and provide to council before August 21: 1. Memo regarding implications of delaying property tax increases in Areas 63 and 64 until the Community Plan is completed. 2. City Attorney's response regarding new island annexation case law and any issues with phasing taxes and the ten -year period. 3. A copy of either the entire IGA with Washington County or just the language regarding island annexation. 4. A comparison of island development opportunities using current county zoning vs. city zoning. She referred to earlier discussion on estimating city costs to assume maintenance for existing infrastructure and provision of services. She said she heard tonight that this is a later -term study. She suggested council make a distinction between Metzger and the Bull Mountain area because costs would be distinctly different. She said there is a lot to explore about Mayor Dirksen's discussion about potentially sequestering tax increment and she assumes that this will be part of the later study. Mayor Dirksen agreed that this is not a top priority. Acting Community Development Director Hartnett suggested that a conversation about costs should include police, public works and finance department staff. Councilor Henderson asked if the tax increment discussion regarding the unincorporated developed area was concerned only with properties that come into the city or with the entire area. Mayor Dirksen replied that in order for the city to commit to a program it would have to be, "all or nothing." He said the city could not proceed on a piecemeal basis because there needs to certainty about revenues to develop any kind of program. Acting Community Development Director Hartnett suggested that a starting place for that TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard - or.gov Page 10 of 12 discussion is Metro's growth allocations and assumptions they are making about Tigard's governance area. Acting Community Development Director Hartnett said there is overlap between the discussion on annexing Areas 63 and 64 and the community planning area. She said she and City Manager Wine would like clarification from council soon on the plan areas and the level of planning desired for each (urban reserves and rural element). Mayor Dirksen said the new requirement from the state is that before an area can be considered for inclusion into the urban growth boundary a concept plan must be completed. He said as the community plan is developed staff may want to consider doing a concept plan for the areas anticipated to come into the urban growth boundary within ten years. Acting Community Development Director Hartnett said the city should be strategic in selecting additional work for staff to give a longer -term view. This could include figuring the costs of assuming maintenance and service responsibilities for the urbanized areas, creating opportunities to reduce future costs by looking at the urban reserves, and the potential for entry into the urban growth boundary for the rural element. In response to a question from Councilor Henderson regarding what a concept plan includes, City Manager Wine said a concept plan includes sewer, water, transportation, zoning, land use and parks. She said the question is how the existing rural element concept plan prepared by Washington County can be translated into the community plan. Councilor Woodard asked about Washington County resources for planning. Acting Community Development Director Hartnett said funding from a Metro grant is being transferred to Tigard for the community plan and there are also Construction Excise Tax (CET) funds, which she recommends be used for consultants. Acting Community Development Director Hartnett gave council an update on progress of the Tigard Triangle becoming a town center. 5. COUNCIL LIAISON REPORT: None. 6. NON AGENDA ITEMS: City Manager Wine reported that there was a health incident involving a staff member today during working hours. Two co- workers used CPR and kept another employee alive after a heart attack, according to Tualatin Valley Fire and Rescue, who called her to praise the workers' efforts. Mayor Dirksen suggested those involved receive formal recognition. 7. EXECUTIVE SESSION: None TIGARD CITY COUNCIL MINUTES — JULY 17, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard- or.gov Page 11 of 12 1 8. ADJOURNMENT At 9:05 p.m. Councilor Wilson moved for adjournment. The motion was seconded by Council President Buehner and all voted in favor. Yes No Councilor Woodard ✓ Councilor Wilson ✓ Council President Buehner ✓ Mayor Dirksen ✓ Councilor Henderson ✓ Carol A. Krager, Deputy City Recorder Attest: Craig Dirksen, Mayor Date TIGARD CITY COUNCIL MINUTES - JULY 17, 2012 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard - or.gov Page 12 of 12 t AIS -990 2 B Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): 5 Minutes Agenda Title: Consent Agenda - Approve a Cooperative Improvement Agreement with Oregon Department of Transportation and Walmart Prepared For: Kim McMillan Submitted By: Greer Gaston, Public Works Motion Requested Consent Agenda - Item Type: Public Hearing - Quasi Judicial Meeting Type: LCRB Information ISSUE Shall the council authorize the city manager to execute a cooperative improvement agreement with Oregon Department of Transportation (ODOT) and Walmart? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council authorize the city manager to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The City of Tigard approved a land use application for the Tigard Retail Center; Final Order No. 2009 -02 became effective on June 17, 2009. Recently Walmart has applied for building and public improvement permits for this site. An April 26, 2012, memo regarding Walmart transportation system improvements is attached. The cooperative improvement agreement outlines the responsibilities of ODOT, Tigard and Walmart as they pertain to the transportation improvements listed in the agreement, (see Terms of Agreement). These improvements are generally consistent with the improvements noted in the memo mentioned above. The estimated cost of these improvements is $5.1 million; this cost will be financed entirely by Walmart. Under the agreement, Tigard is responsible for: • Maintenance and irrigation of landscaping in Pacific Highway (99W) medians. • Maintenance of improvements to city streets. • Power costs for luminaries installed as part of this project on city streets. • Maintenance and operation of city-owned traffic signals installed as part of this project. The council was briefed on a draft agreement during its August 14, 2012, study session. The final agreement is now before council. No significant changes were made between the draft and final versions; the final agreement contains the same basic terms and conditions as draft agreement reviewed by council earlier this month. The city attorney has reviewed this agreement. OTHER ALTERNATIVES The council could propose changes to the agreement or could decide not to approve the agreement. Without an agreement, Walmart will be unable to obtain permits from ODOT; the transportation improvements cannot be constructed unless permits are issued. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Many of the required improvements on Pacific Highway (99W) will further the 2012 Long -Term Council Goal - "Continue pursuing opportunities to reduce traffic congestion." DATES OF PREVIOUS COUNCIL CONSIDERATION The council was briefed on this agreement in study session on August 14, 2012. Fiscal Impact Fiscal Information: The estimated cost of the transportation improvements outlined in the agreement is $5.1 million; this cost will be financed entirely by Walmart. Attachments Cooperative Improvement Agreement April 26, 2012, Memo Regarding Transportation System Improvements Maps Depicting Proposed Transportation System Improvements r, Misc. Contracts and Agreements No. 28599 COOPERATIVE IMPROVEMENT AGREEMENT OR99W and SW 72 /OR 217/1 -5 and SW Haines 68th /1-5 SB Haines Street Signal City of Tigard, WalMart Store #5935 -00 THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" the City of Tigard, acting by and through its elected officials, hereinafter referred to as "City," and WalMart Real Estate Business Trust, a Delaware Statutory Trust, acting by and through its designated officials, hereinafter referred to as "Developer," all herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Pacific West Highway (OR 99W), and Beaverton - Tigard Highway (OR 217) are part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). Dartmouth Street, 68 Avenue, 72 Avenue, Beveland Street, Gonzaga Street, Hampton Street, Hunziker Street, Varns Street, Pfafe Street, and Hermoso Way are a part of the city street system under the jurisdiction and control of City. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. By the authority granted in ORS 374.305 and 374.310, State may regulate construction of any approach onto the state highway and require mitigation for approaches that the State determines to be in the best interest of the traveling public. 4. Oregon Administrative Rule 660 -12 -0060 requires local jurisdictions to put in place measures to assure that allowed land uses are consistent with the function, capacity and performance standards of affected transportation facilities when they amend comprehensive plans or land use regulations . 5. State, by ORS 366.220, is vested with complete jurisdiction and control over the roadways of cities taken for state highway purposes. By the authority granted by ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no regular established curb, then control extends over such portion of the right of way as may be utilized by State for highway purposes. Responsibility for and jurisdiction over all other portions of a city street remains with the City. 6. By the authority granted in ORS 810.080 State has the authority to establish marked pedestrian crosswalks on its highway facilities. • City /Developer /State Agreement No. 28599 7. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon state highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than State, except with its written approval. Traffic signal work on this Project will conform to the current State standards and specifications. 8. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. 9. This Agreement identifies funding and maintenance obligations for State, City and Developer as the Project undergoes development and construction. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State, City, and Developer agree that Developer shall perform the following upon approval by State of required permits, including, "Permit to Occupy or Perform Operations upon a State Highway ": a. Removing one of the two OR99W southbound (SB) to SW 72 Avenue SB left - turn lanes; b. Adding a third SB lane on OR99W just north SW 72nd Avenue and ending it with a drop lane onto OR217 northbound (NB) (This lane onto OR217 currently develops between the 78th and OR217 traffic signal); c. Allowing NB OR99W passenger vehicles to do a u -turn at the SW 72nd Avenue intersection; d. Placing a raised traffic separator for the NB OR99W left turn lane that turns into Fred Meyer; e. Placing a raised median for a small distance on OR99W's north leg at the SW 74th Avenue intersection; f. Placing a raised median on OR99W from SW 74th Avenue to SW Pfaffle Street where the raised median will control movements on the SW Pfaffle Street approach; g. Placing a raised traffic separator for the SB OR99W left turn lane that turns into SW Dartmouth Street. U -turn movement will not be allowed; h. Placing a raised separator for the NB OR99W left turn lane that turns into SW 78th Avenue and allowing u -turns for passenger vehicles; i. Placing a raised median on OR99W from the left turn lane that goes to SW 78th to the crosswalk of the OR217 NB Ramp Terminal; 2 City /Developer /State Agreement No. 28599 j. Lengthening the OR99W NB right turn lane that goes onto SW Dartmouth Street; k. Converting the NB SW 72nd Avenue right -turn lane onto OR217 at the SW Varnes Street intersection into a shared through / right -turn lane; I. Adding a second NB lane on SW 72nd Avenue from SW Varnes Street to SW Beveland Street; m. Removing the traffic signal at the SW 72nd Avenue / SW Hampton Street intersection and making SW Hampton Street a right -in / right -out only approach. The signal will become property of ODOT and will be delivered to an ODOT maintenance yard (as determined by ODOT's Maintenance and Operations manager) as a Project expense; n. Widening the OR217 NB Exit Ramp at SW 72nd Avenue; o. Installing a signal on Dartmouth Street at Walmart site access (City owned traffic signal); p. Installing a signal on Dartmouth Street at 72 Avenue (City owned traffic signal); q. Installing a signal at the 68th / 1 -5 SB Haines Street ramps (ODOT owned traffic signal); r. Widening Dartmouth between Walmart access and the Costco signal; and s. Making curb improvements on the SE corner of the Dartmouth Street / OR99W intersection that includes a patterned concrete buffer and high rolled curbs to accommodate freight traffic on the right -turn which City will maintain. Collectively, these improvements shall hereinafter be referred to as "Project." The location of the Project is approximately as shown on the map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed entirely by Developer at an estimated cost of $5,100,000 in Developer funds. The estimate for the total Project cost is subject to change. Developer shall be responsible for all Project costs including those beyond the estimate above. No public funds shall be used for this Project. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the Project, except that the Developer Obligations (except indemnifications and any warranties or other representations) shall terminate upon the completion of the Project. The useful life is defined as fifteen (15) calendar years. The Project shall be completed within five (5) calendar years following the date of final execution of this Agreement by all Parties. CITY OBLIGATIONS 1. City shall, upon successful completion and acceptance of Project, accept ownership and control of those improvements connected with the operation of City streets. 2. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in any leg of a city street at a State highway intersection in such a manner as to provide adequate protection for said detector loops. Failure to do so 3 City /Developer /State Agreement No. 28599 may result in State requiring City to repair or replace damaged loops at City's expense. City shall also adequately maintain the pavement markings and signing installed in accordance with current State standards along its streets. 3. City shall, at its own expense, be responsible for maintaining improvements constructed on City streets as part of this Project. 4. City shall be responsible for 100 percent of power costs associated with the luminaries installed on City streets as part of this Project. City shall have power company send bills directly to City. 5. City shall be responsible for 100 percent of costs associated with maintaining any landscaped medians built on OR99W as a part of this Project, including landscaping maintenance and water irrigation costs from back of curb to back of curb. 6. City shall be responsible for 100 percent of maintenance and operation costs associated with the new signals installed on Dartmouth Street at the access to the Walmart and at 72 Avenue. 7. Consistent with the 2002 Policy Statement for Cooperative Traffic Control Projects, Agreement 19719, between State and the agencies belonging to the Association of Oregon Counties (AOC) or the League of Oregon Cities (LOC), State and City shall each be responsible for fifty percent (50 %) percent of the cost for maintenance, operation and electricity for the signal equipment, excluding the detector loops, on the 68 / I -5 SB Haines Street ramps as listed in Terms of Agreement Paragraph 1 subsection q. State shall perform the maintenance and be responsible for payment for signal power to the power company. The power company shall send power bills directly to State. State shall annually bill Agency for its fifty percent (50 %) of the combined maintenance, operations and electricity for the Project. This cost split only applies to the 68 / 1 -5 SB Haines Street ramps signal and does not apply to any other signals built as a part of this Project. 8. City grants State and Developer the right to enter onto City right of way for the purpose of construction and performance of maintenance duties as set forth in this Agreement upon proper and timely notice. 9. City services charged to the Project or any cost sharing for maintenance or power arrangements between City and Developer that do not include State, shall be confirmed in a separate agreement between City and Developer and are not a part of this Agreement. 10.If City fails to maintain facilities in accordance with the terms of this Agreement, State, at its option, may maintain the facility and bill City, seek an injunction to enforce the duties and obligations of this Agreement or take any other action allowed by law. 4 City /Developer /State Agreement No. 28599 11. City certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of City, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind City. 12. City's Project Manager for this Project is Kim McMillan, PE, 13125 SW Hall Boulevard, Tigard, OR 97223, 503 - 718 -2642, kim @tigard- or.gov, or assigned designee upon individual's absence. City shall notify the other Parties in writing of any contact information changes during the term of this Agreement. DEVELOPER OBLIGATIONS 1. Developer shall upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from State, forward to State an advance deposit in the amount of $90,000 for the maintenance costs associated with the State - approved storm water system filter replacement required for the storm water drainage facilities constructed as part of the Project. This advance deposit covers the estimated annual maintenance costs of $6,000 per calendar year for the term of this Agreement, which is fifteen (15) years. 2. Developer has, as of the date of execution of this Agreement, deposited $60,000 with State's District 2B office. If State anticipates that the advance deposit will be exceeded, State will notify the Developer and send an additional request with the estimate of costs. State will return any unused funds to the Developer after the Project is completed. 3. This Agreement is conditioned upon Developer obtaining any required permits from State, including, "Permit to Occupy or Perform Operations upon a State Highway" from State's District 2B office, as well as but not limited to, land use permits, building permits, and engineering design review approval from the State and City. Developer agrees to comply with all provisions of said permits, and shall require its contractors, subcontractors, or consultants performing such work to comply with said permits and provisions. 4. Developer shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the highway Project; identify and obtain all required permits; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 5. Developer shall design and construct the Project in conformance with the current edition of the ODOT Highway Design Manual and the Oregon Standard Specifications for Construction Manual. Developer understands the Project shall be 5 City /Developer /State Agreement No. 28599 designed and constructed to State standards and approved by State prior to construction of Project by Developer. 6. Developer will be required to obtain the services of a registered professional engineer to oversee, accept, and document all construction procedures and certify proper construction was performed pursuant to the Project plan and permit. The registered professional engineer will be required to stamp the "As Constructed Plans" and ensure the Project meets State's required standards. Construction inspection for this Project will be completed by either State inspectors or a private company with state - certified inspectors paid for by Developer. 7. All employers, including Developer, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Developer shall ensure that each of its contractors complies with these requirements. 8. Developer shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers' compensation, unemployment taxes, and state and federal income tax withholdings. 9. Developer shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless City, the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation, its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this Project. 10. Notwithstanding the foregoing defense obligations under the paragraph above, neither Developer nor any attorney engaged by Developer shall defend any claim in the name of City or the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of City or the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. City or the State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Developer is prohibited from defending City or the State of Oregon, or that Developer is not adequately defending City or the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of City or the State of Oregon to do so. City and the State of Oregon reserve all rights to pursue any claims it may have against Developer if City or the State of Oregon elects to assume its own defense. 11. Developer shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279A, 279B and 279C incorporated herein by reference and made a part hereof. Without limiting the generality of the 6 City /Developer /State Agreement No. 28599 foregoing, Developer expressly agrees to comply, to the extent applicable, with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and State civil rights and rehabilitation statutes, rules and regulations. 12. Developer is required to pay, on behalf of State, any applicable fee due because of this Project, pursuant to ORS 279C.825, to the Bureau of Labor and Industries. In the event Developer does not pay such fee, and State is required to do so, Developer shall reimburse State such amount, within three (3) business days, upon its request. In addition, Developer agrees to indemnify, hold harmless and reimburse State and its officers, employees and agents for any liability, cost, expense, fine, fee or penalty payable to a private party or governmental entity, including another agency of the State of Oregon resulting from or arising out of this Project, including but not limited to expenses incurred to comply with, to obtain a determination under, or in any other way related to the Prevailing Wage Rate Laws set forth in ORS 279C.800 to 279C.870. 13. If Developer chooses to assign its contracting responsibilities to a contractor, Developer shall inform the contractor of the requirements of ORS 276.071, to the extent applicable. 14. If Developer enters into a construction contract for performance of work on the Project, then Developer will require its contractor to provide the following, and in the event Developer provides construction activities for the Project itself, the Developer is required to provide the following as well: a. Contractor shall indemnify, defend and hold harmless City, and State against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, sub- contractors, or agents under the resulting contract. b. Contractor shall name State and City as third party beneficiaries of the resulting contract. c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the Contract, Commerical General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to State and City. This insurance shall include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage shall be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence shall not be less than 7 City /Developer /State Agreement No. 28599 $1,000,000 for each job site or location. Each annual aggregate limit shall not be less than $2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, Commercial Business Automobile Liability Insurance covering all owned, non - owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence shall not be less than $1,000,000. e. Additional Insured. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the Contract shall include State and City and its divisions, officers and employees as "Additional Insured" but only with respect to the Contractor's activities to be performed under the resulting contract. Coverage shall be primary and non - contributory with any other insurance and self- insurance. f. Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non - renewal of insurance coverage(s) without thirty (30) days written notice from the Contractor or its insurer(s) to State, City, and Developer. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of contract and shall be grounds for immediate termination of the resulting contract and this Agreement. 15. Pursuant to the statutory requirements of ORS 279C.380 Developer shall require their contractor to submit a performance bond to Developer for an amount equal to or greater than the estimated cost of the Project. 16. Developer shall, within ninety (90) calendar days of completion or termination without completion of the Project, provide to State permanent mylar "as constructed" plans for work on state highways. If Developer or its consultant redrafts the plans, done in Computer Aided Design and Drafting (CADD) or Microstation, to get the "as constructed" set, and they follow the most current version of the "Contract Plans Development Guide, Volume 1 Chapter 16" http:// egov. oreoon. qov/ ODOT /HWY /ENGSERVICES /cpdq.shtml, Developer shall provide to State a Portable Document Format (PDF) file and a paper copy of the plan set. 17. Developer shall, pursuant to OAR Chapter 734, Division 10 ensure that its contractor has been prequalified and registered with the Construction Contractor's Board, to function as the general contractor for the performance of this work. All obligations of the Developer stated in this Agreement shall remain the responsibility of the Developer regardless of whether or not a contractor performs the work. It is the Developer's responsibility to inform any such contractor of its obligations. 8 City /Developer /State Agreement No. 28599 18. Developer shall, prior to its advertisement for construction bid proposals, provide the Project final plans and specifications to State's Region 1 Project Services Section for review and written concurrence. 19. The traffic signal plans and specifications must be approved by Office of the State Traffic Engineer. All traffic signal plans and specifications for City signals must be approved by City staff and will be inspected by representatives of the City. All signal equipment must be inspected and tested by State's Traffic Systems Services Unit. Any video detection equipment to be used with the traffic signal will need to be reviewed and approved by the State Traffic Engineer to ensure proper location and usage. State's Region 1 Project Services Section shall coordinate all such review. 20. Developer or its contractor shall follow the Oregon Locate Laws (ORS 757 and OAR 952). 21. For all work being performed on State facilities, Developer shall cause the Project to be designed and constructed in accordance with State standards and shall, upon completion of the Project, release ownership of all traffic signal equipment to State. For all work being performed on City facilities, Developer shall cause the Project to be designed and constructed in accordance with City standards. 22. Developer, or its contractor's electrical inspectors shall possess a current State Certified Traffic Signal Inspector certificate, in order to inspect electrical installations on State highways. The State Region 1 Project Services Section & District 2B Permitting Office shall verify compliance with this requirement prior to construction. Said inspectors must coordinate their traffic inspections with State Region 1 Project Services Section and District 2B and Electrical inspectors during the course of the Project. 23. Developer is responsible for and ensures that all survey monuments recorded with a county and within or adjacent to the highway right of way shall be preserved in accordance with ORS 209.140 and 209.150. Any such monumentation that is damaged or removed during the course of the Project must be replaced in compliance with ORS Chapter 209 stipulations, the State Right of Way Monumentation Policy, and at Developer's own expense. Developer is also responsible, at its own expense, for replacement of any additional State survey marks or other monumentation not recorded with a county that are damaged or removed during the course of the Project. In the event of such replacement, Developer shall contact State's Geometronics Unit for replacement procedures. 24. Developer agrees that right of way identified by State or City that is required to construct the highway and city street improvements as part of the Project, shall be donated by Developer without cost to State or City. Developer shall coordinate State right of way donations through the State Region 1 Right of Way Office. 25. If additional right of way is acquired for State highway right of way purposes as a result of the Project, then a right of way monumentation survey is required as 9 City /Developer /State Agreement No. 28599 defined in ORS 209.150 and 209.155. Developer agrees to provide such a survey, at its own expense, following ORS Chapter 209 stipulations, State Right of Way Monumentation Policy, and State's Geometronics Unit review and approval, and to file the legal survey with the appropriate county Surveyor's office as required. 26. In the event any portion of this Project affects railroad right of way, Developer shall be responsible for notifying the appropriate railroad company of the Project, the construction and approval of all required agreements and for all costs associated with railroad related tasks identified above. 27. Developer certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Developer, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Developer. 28. Developer's Project Manager for this Project is Steve Dyer, Walmart, 2001 SE 10 Street, Mail Stop 5570, Bentonville, AR, 72716; 479 - 273 -4567; steve.dyer @walmart.com or assigned designee upon individual's absence. Developer shall notify the other Parties in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State shall, upon execution of the agreement, forward to Developer a letter of request for an advance deposit in the amount of $90,000 for maintenance costs associated with the storm water filter replacement required for the storm water drainage facilities constructed as part of the Project. 2. Developer has, as of the date of execution of this Agreement, deposited $60,000 with State's District 2B office. If State anticipates that the advance deposit will be exceeded, State will notify the Developer and send an additional request with the estimate of costs. State will return any unused funds to the Developer after the Project is completed. 3. State shall review and approve all Project plans prior to construction by Developer or its contractor. 4. State shall, upon completion of Project and acceptance of Project by State, accept jurisdiction and control of the state highway facilities constructed as part of the Project. 5. State shall, at State expense, perform and be responsible for maintenance of Project elements on State facilities. 6. State shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the highway in such a manner as to provide adequate protection for said detector loops. 10 City /Developer /State Agreement No. 28599 7. State grants authority to Developer to enter upon State right of way for the construction of this Project as provided for in miscellaneous permit to be issued by State District 2B Office. 8. Consistent with the 2002 Policy Statement for Cooperative Traffic Control Projects, Agreement 19719, between State and the agencies belonging to the Association of Oregon Counties (AOC) or the League of Oregon Cities (LOC), State and City shall each be responsible for fifty percent (50 %) percent of the cost for maintenance, operation and electricity for the signal equipment, excluding the detector loops, on the 68 / 1 -5 SB Haines Street ramps as listed in Terms of Agreement Paragraph 1 subsection p. State shall perform the maintenance and be responsible for payment for signal power to the power company. The power company shall send power bills directly to State. State shall annually bill Agency for their fifty percent (50 %) of the combined maintenance, operations and electricity for the Project. 9. State's Project Manager for this Project is Bret Richards, PE, PLS, 123 NW Flanders Street, Portland, OR 97209, 503 - 731 -8288, bret .n.richards @odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Parties in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of all Parties. 2. State may terminate this Agreement effective upon delivery of written notice to Developer, or at such later date as may be established by State, under any of the following conditions: a. If Developer or City fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Developer or City fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Developer or City fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is 11 City /Developer /State Agreement No. 28599 prohibited or State is prohibited from paying for such work from the planned funding source. 3. City may terminate this Agreement effective upon delivery of written notice to Developer, or at such later date as may be established by City, under any of the following conditions: a. If Developer or State fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Developer or State fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Developer fails to provide payment of its share of the cost of the Project. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 5. Developer shall deliver to City and State all books, documents, papers, and records of Developer and City, respectively, which are directly pertinent to the Project and this Agreement within six (6) months of Project completion. 6. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ( "Third Party Claim ") against State or City with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 7. With respect to a Third Party Claim for which State is jointly liable with City (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by City in such 12 City /Developer /State Agreement No. 28599 proportion as is appropriate to reflect the relative fault of State on the one hand and of City on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of City on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 8. With respect to a Third Party Claim for which City is jointly liable with State (or would be if joined in the Third Party Claim), City shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of City on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of City on the one hand and of State on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. City's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 9. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non - binding arbitration) to resolve the dispute short of litigation. 10. If City fails to maintain facilities in accordance with the terms of this Agreement, State, at its option, may maintain the facility and bill City, seek an injunction to enforce the duties and obligations of this Agreement or take any other action allowed by law. 11.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 12. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind any Party unless in writing and signed by all Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure 13 City /Developer /State Agreement No. 28599 of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. SIGNATURE PAGE TO FOLLOW 14 City /Developer /State Agreement No. 28599 CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By By Mayor Highway Division Administrator Date Date By APPROVAL RECOMMENDED Recorder By Date Technical Services Manager /Chief Engineer Date APPROVED AS TO LEGAL SUFFICIENCY By B y City Counsel State Traffic Engineer Date WALMART REAL ESTATE BUSINESS TRUST, a Delaware Statutory Trust, by and By through its designated officials Region 1 Manager B Date Director of Project Management By Date Region 1 Project Services Manager APPROVED AS TO LEGAL SUFFICIENCY Date By B Region 1 Maintenance & Operations Developer Counsel Manager Date Date APPROVED AS TO LEGAL City Contact: SUFFICIENCY Kim McMillan, PE 13125 SW Hall Boulevard By Tigard, OR 97223 Assistant Attorney General 503 - 718 -2642 kim @tigard- or.gov Date Developer Contact: Steve Dyer - Walmart State Contact: 2001 SE 10 Street, Mail Stop 5570 Bret Richards, PE Bentonville, AR 72716 123 NW Flanders Street 479 - 273 -4567 Portland, OR 97209 steve.dyer @walmart.com 503 - 731 -8288 bret .n.richards @odot.state.or.us 15 City /Developer /State Agreement No. 28599 EXHIBIT A - MISC. CONTRACTS AND AGREEMENTS #28599 SECTION 36, TOWNSHP 1 SOUTH, RANGE 1 WEST, W.M. SECTION 1, TOWNSHP 2 SOUTH, RANGE 1 WEST, W.M. INTERSTATE PFAFFLE ST _st 1 a 9! Q ce °z HANES ST Sb D �„�4' OFF -SITE IMPROVEMENTS 72_ 6'71(141 i SffE __ ' - --- /, ; HERMOSO WA}'/ 113 8T BEVELAWD ST a _ J YAFNS ST� al / : r 1 ROADWAY IMPROVEMENTS • SIGNAL IMPROVEMENTS r1 WAL -MART i= D TIGARD, OR ' �� � 4, PROJECT LOCATION MAP EXHIBIT A 606 Cohmt{a S5, NW., SUE! 106 T (360) 786-9500 Olympia, WA 98501 t (560) 7866757 ./..PM:LM6. ©t 16 r _ City of Tigard TIGARD Memorandum To: Ron Bunch, City of Tigard From: Tom McGuire, City of Tigard Re: WalMart Transportation System Improvements Date: April 26, 2012 The following is a compilation of the wide variety of public facility transportation improvements (both proposed and required) to be completed as part of the WalMart development. Each bulleted item includes a description of the action to be taken. WalMart Site Street Frontage Improvements • Widen approximately 230 linear feet of SW Dartmouth Street to accommodate a second southbound/eastbound lane between the Costco traffic signal and the western unsignalized site - access driveway. The southbound right -turn lane at the Costco traffic signal should be converted to a shared through -right lane and the southbound right -turn overlap phase removed. • Hermoso Way will be improved to include an eyebrow corner meeting Washington County standards. (Shown on development plan) Pacific Highway • Install a third westbound through lane on Pacific Highway (99W) at the intersection of 99W and 72 Avenue and extending southwest through the Tigard Theater and SW Dartmouth Street intersections to Oregon 217 (OR 217). Develop optimized coordinated signal timing/time -of -day plans on 99W to account for the additional westbound through lane. • Install a raised concrete median island between SW 72 Avenue and OR 217 (including landscaping and irrigation). • Lengthen the eastbound right turn lane at the intersection of 99W and Dartmouth from 300 ft to 400 ft to accommodate the increased traffic at this movement. OR 217 /SW 72 Avenue Northbound Off Ramp • Extend the two storage lanes on the northbound off ramp from 100 ft to 650 ft (550 additional feet of two lane storage including 160 ft taper). This improvement can be provided within the existing right of way. SW 72 Avenue through the OR 217 Interchange Area • Restripe the northbound lanes along SW 72 Avenue from the OR 217 southbound ramp terminal (Varns Street) to SW Beveland Road to provide two continuous northbound through lanes (full pavement, curb and storm sewer improvements). During the weekday p.m. peak hour, northbound left -turns will utilize dynamic lane assignments at SW Hunziker Road. • Remove the traffic signal at SW Hampton Street and install a raised concrete island to restrict the side street movements to right in/right out. • Improve the southbound right -turn movement from 72 Avenue to SW Hunziker Street by increasing the turn radius at Hunziker to enhance truck turning movements together with pedestrian crossing protection measures through the widened corner. SW Beveland Road Improvements • Widen SW Beveland Road at the SW 72 Avenue /SW Beveland Road intersection to provide an exclusive westbound left -turn lane and northbound right -turn lane with overlap signal phasing in order to accommodate rerouted vehicles from SW Hampton Street. • Additional Beveland Road improvements including: ➢ From 72 Ave to 200' east of 72 Ave. Remove on- street parking. Widen this section of Beveland Road to a 36 -foot paved width. This will necessitate moving the signal pole and reconfiguring the curb on the southeast corner of the intersection. ➢ From 200' to 380' East of 72 Ave. Widen roadway to a 32 -foot paved width plus whatever is necessary for a proper taper. Maintain parking on the north side except at the east end of this section, where it may need to be removed for adequate travel width. ➢ From 380' to 700' East of 72 Avenue. Reconstruct roadway to a 26 -foot paved width with adequate thickness in accordance with applicable standards and appropriate for anticipated usage. Parking would need to be prohibited in gravel shoulder areas. D From 700' east of 72 Ave to 69 Ave. Remove parking on one side, and where necessary for good sight distance at intersections and driveways. SW 72 Avenue /SW Dartmouth Street Intersection Improvements • Construct a new traffic signal system at the Dartmouth Street/72 Avenue Intersection in basic compliance with the intersection improvement plans prepared for the city by engineering consultant WHPacific, Inc. • Construct all intersection improvements necessary for the traffic signal system to function properly. • Interconnect this signal system with the SW Dartmouth Street/SW 68 Avenue signal and with the SW Dartmouth/Main Site/Winco intersection signalization. SW Dartmouth Street/SW 68 Avenue Intersection Improvements • Construct a new traffic signal system at the SW Dartmouth Street/SW 68 Avenue intersection. • Construct all intersection improvements necessary for the traffic signal system to function properly including pedestrian protection measures and crosswalks. SW Dartmouth Street/Main Site Driveway Signalization • Install a traffic signal at the main driveway into the site along SW Dartmouth Street. This signal system shall incorporate the WinCo driveway to form a 4 -way intersection. This signal system shall be interconnected with the existing Costco traffic signal and the SW 72 Avenue /SW Dartmouth Street traffic signal system for future synchronization between signal systems. SW Dartmouth Street Improvements • Restripe the dual northbound left -turn vehicle storage at Highway 99W /SW Dartmouth Street within the existing pavement to provide up to 450 feet of storage. • Extend the eastbound right -turn lane to provide 400 feet of striped storage. • Modify the median on SW Dartmouth Street as needed to allow for the increased stacking on those two lanes. Tigard Retell Center May 2009 M r a� ,' •_ 114,E N t r i .. iF Construct 9' Westbound Lane on Highway 99W • - .- , . from 72" Avenue to Highway 217 t - % including Traffic Signal Modifications - .. . jk . Q W - • N •' .A` rii `t .4 s , ' a �F < a - t * .. ,ems • ''` + - i P G‘ F‘ a° . n I • • i R _ 'I I ? ° t "t '.7 ± NAI ES S7 _ • -• y1 - - _ •r . . Construct New Traffic Signal T ft " at the Dartmouth SIJ WinCo! , • .a 7 7 / • • , -..11 1 „; Site- Access Driveway Intersection -"! i� . .. - b . 4. O W L 1• W ? M > . a - < x y Extend Dual Q i 1, e O . Northbound 67. T • q . - r fc Left -Turn y x ' - ., w• 9 . ' Storage and • Modify Medico •; r �• DARTMOUTH ST 4 ' ' •J -• .°' a tJ '�• a SITE fi. °-.• • • ` 1t.. ' Construct New Traffic Signal ■ at the Dartmouth StJ 68` Avenue Intersection VF • wiimi ■ e Construct New Traffic Signal - . s r • # - , m at the Dartmouth StJ t .. ' � — 1 72' Avenue 0 Via... •• w • t -� " BEVELANDRD • � • - l �' '. ' r s tl j , k t *� v ,.} j L • le ' w • Improve Beveland Road - f • i • ` ^ o t hV = HAMPT• ST R D + _ .,... • �. ` a ! I i , : a ., Y ..- T - Extend Side-By-Side t Turn Lane Storage f • Widen 72•' Avenue Between yarns Street .. • . S _ 414 and Beveland Road - - VARNS,ST • t ! - ' Traffic Signal Modifications _i{ �. . 7 1 + s NOTES: 1. Not to Scale 1. 2. For Illustrative Purposes Only E 3. Pavement improvements will be limited to widening of the existing roadway to provide lane configuration shown by the exhibit 2 . Summary of Ott -Site Transportation Improvements r` Ia1' �■�■ yyyyRRR A .. TTTTT ON 61,Sf OCIAT■s, INC. Tigard Retail Canter May 2009 -''''). �°" - .......e. 4 Sit N • . ELAN D : u. - a..*- $,J ..— i„ 4. '.. II - 4 "irrtfu i Signal Modification v! 1 4 1 a % Improve Beveland Road In accordance o with the Beveland Road Analysis Memorandum ' r ., Issued by the City of Tigard (Nov. 10, 2008) . 1 ; � � .G C1N2AGA ST re 1 ., • 7- • — Remove Signa 1 apt. ... . 1 . _ .' r• r I M H • ON-S& 11�. !•• •a Signal Modification __or' ` / _ _ aa iii 8 i ! - ' _ &+ � f t * _ ► *. �, - ' I0 Extend Side- By -51de . r , 4 Turn Lane Storage Addition of - r t r • 6 • .. , . Second Northbound -� __ - -,,._ i - s '4 I" ' '' >r Through Lane - - r 40 e,-. ` .1 _ ' 1 r . `-- w-- . -. 4 ... .a r ir 0 '' , - - d 4 . . * . • k 4,,,,, .„ ., , t „..4 6 • „ , - . « 051 - , . , . ... , . : ..,.„ 0 . 4 ... • ti - ta• Signal Modification is `0 t} wow ilk +' n vA#NS ST - __ \ t * . ;t elf — It Ir i . o, t c .:q s •• i r ,t • r NOTES: 1. Not to Scale 2. For Illustrative Purposes Only 3. Pavement improvements will be limited to widening of the existing roadway to provide lane configuration shown by the exhibit Off -Site transportation Improvements F,,,e, \ 72nd Avenue (Beveland Road to Varna Street) B K KITT[LSON a ASSOCIATES. IKC IWO Reba Croy AlaY ... i • - . 4 4. liP • a. { r l I •= •: Addition of Continuous 8i � Modification i - Third Westbound Through Lane My11N1 " 1:1011„, ., 4 wi ,- . , t Northbound Left Turn - Extend Right -Turn Lane y ; Lane Extension l install Landscape Median I ' . 1 mot y --r * ♦ 1 . • ' , P �., . 4 _. -- _. it. - r } < r r f` NOTES: t �/ i"' _ M d ' 1. Not to Scale 2. For Illustrative Purposes Only 3. Pavement improvements will be limited to widening of the existing roadway to provide lane configuration shown by the exhibit s Oa -Site Transportation Improvements Plain Highway 99W (Highway 217 to Pistil.) Fu la ..c.•o. a •..oc..o i.c. • 1w Mai Comfy May SIN •_ — . _ • `� 3 ii` , ..- , * -0 ... •:- , - .. -a - ' Start of Westbound - • t' Through Lane ., / ' / a • I I .t V %V1 . �'' '4 ' K , Install Landscape Median e , ,i ,.* Signal Modification P . ...Sp . • e:m. r NOTES: / _ P` - +, A .. ° -� 1. Not to Scale 2. For Illustrative Purposes Only 3. Pavement Improvements will be limited to widening of the existing roadway to provide lane configuration shown by the exhibit On4lts Trmeperwllon let /revemenN 11110 Plunk Ipehwey 55W Meta' N Tad) ®f, W« & ..wc..n.. INC. AIS -954 3 Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): 15 Minutes Agenda Tide: Briefing on Capital Improvement Plan Projects Prepared For: Mike Stone Submitted By: Greer Gaston, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Information ISSUE The council will be briefed on several Capital Improvement Plan (CIP) projects. STAFF RECOMMENDATION / ACTION REQUEST No council action is requested; the council is asked to listen to the briefing. KEY FACTS AND INFORMATION SUMMARY In order to keep the council informed on the status of current CIP projects, staff provides regular project briefings. Several projects will be discussed at this meeting. 92nd Avenue Sidewalk (Waverly Drive to Cook Park) The city will construct a sidewalk along the east side of 92nd Avenue from Tigard High School to Cook Park. A single sidewalk is proposed due to the impacts on the designated wetlands located on both sides of the roadway. Estimated cost $490,000 East Butte Heritage Park Development This is the first in a series of park bond projects to move from acquisition to development and construction. Located adjacent to the John Tigard House, this project involves the construction of site improvements combined with trails in and around the existing trees located on the site. Estimated cost: $500,000 Walnut Street Reconstruction ( Tiedeman to 116th) The city is partnering with Washington County to improve the segment of Walnut Street that fronts Fowler Middle School. The section of Walnut Street from Tiedeman Avenue to 116th Avenue be be widened and sidewalks and bike lanes will be installed. Estimated cost: $5 million Pacific Highway /McDonald Street /Gaarde Street Intersection Improvements The council will discuss the design and construction of this project under a separate agenda item at this meeting. Staff is recommending the city pursue a design which would widen all approaches to the intersection and significantly increase left -turn capacity. Traffic capacity would increase up to 18 percent during peak morning travel times and up to 31 percent during peak evening travel times. A combination of funds from Oregon Department of Transportation, Washington County and the city would be used to construct the project. Estimated cost: $9.5 million Bonita Road Water Pump Station Lake Oswego - Tigard Water Partnership plans call for the construction of a new, up- sized, dual -pump, station to distribute as much as 14 million gallons of water per day from Lake Oswego to Tigard. Estimated cost $4.9 million OTHER ALTERNATIVES Not applicable COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS 2012 Long -Term Council Goal - "Continue pursuing opportunities to reduce traffic congestion." Related projects: • Pacific Highway /McDonald Street /Gaarde Street Intersection Improvements • Walnut Street Reconstruction 2012 Council Goal #1.a. - "Continue oversight of design, permits, rate implementation and costs for the Lake Oswego - Tigard Water Partnership." Related project: • Bonita Road Water Pump Station DATES OF PREVIOUS CONSIDERATION Staff provides the council with regular briefings on the status of various CIP projects. Attachments PowerPoint Presentation C I T Y O F T I G A R D Respect and Care I Do the Right Thing I Get it Done I N I " TIGARD p Capital Im rovement Plan Project Briefing Tigard City Council Meeting I August 21, 2012 C I T Y OF T I G A R I D Capital Projects Come in All Sizes! Small: 92 Avenue Sidewalk (Waverly Drive to Cook Park) Medium: East Butte Heritage Park Development Large: - Walnut Street Reconstruction - Widening (Tiedeman to 116th) - Pacific Highway at McDonald & Gaarde Streets — Widening - Main Street Reconstruction — Phase I (Green Street) - Bonita Road Water Pump Station CI T Y 0 F T I G AR D 92 Avenue Sidewalk (Waverly Drive to Cook Park) Estimated Design Start Date 2012 Estimated Construction Completion Date 2013 Before 10/31/201' icitrALc Estimated Project Cost: $490,000 Funding Sources: - Gas Tax Fund After - Stormwater Fund C; I T Y OF T I G A R D East Butte Heritage Park Development a .... ••• Design Start Date 2012 iN '- ,.4.. Estimated Construction Completion Date 2014 r,� ` • >' \ 4 7'...".. :. n . a ♦ y M a r u ti e r t� . ' r • L .F -y T J ., ,e `i; ' ` , 4 :. ' o '! • . - r L j +r' SW cmincM.y to 0 yy Y+ -cf , A ,.e .ew After i t• 4.s.. b - 1 + H� 1 ' ` ' r f . Win• +s w , r .wwrdl. R1?I a Before ` 1. ,. Estimated Project Cost: $500,000 ro. S. : -+ + - J Funding Sources: ; t ,; . .. • - Park Bond Fund , �'? . f Y • r • — Park SDC Fund ..... '' ° C I '1" Y D F T I G A R D Walnut Street Reconstruction — Widening (Tiedeman to 116th) r . fi r Estimated Design Start Date 2012 - . Estimated Construction Completion Date 2014 ' s..v. th 4.+ c..,. W _ ( Lam Y�r���h +~., __ , te ,.. Before t 4 4 . ..i % l Estimated Project Cost: million $5 t L Funding Sources: t - Sanitary Sewer Fund 1 - Water Fund 1 After - t County MSTIP C I '1' Y 0 lP '1 1 G A R I) Pacific Highway at McDonald & Gaarde Streets - Widening _ Befor- Design Start Date 2011 QQ y� *` Estimated Construction Completion Date 2016 , ,141011 i' r , ilb t . ior NIIII4 1 . _, i _ .. .. �� -4.-ind J ^+ + _ Estimated Project Cost: 9.5 million ---= -'�`' = - Funding Sources: a, -: - .-., - t - Traffic Impact Fee � n. - Transportation Development Tax w' �~_- - Federal, State and County Cl T Y O I 'I' I G A RI) Main Street Reconstruction — Phase I (Green Street) Before Design Start Date 2012 Estimated Construction Completion Date 2014 N!. m.. After - -_ `,��,.;';,y• .. i : SUCdX00 • 11� F _ 1•` 3 Estimated Project Cost: $4.8 million 4042 " Funding Sources: - Water Fund - Gas Tax Fund - MTIP and MSTIP OF T I G n R D Bonita Road Water Pump Station Before Estimated Design Start Date 2014 Estimated Construction Completion Date 2015 After Estimated Project Cost: $4.9 million Funding Sources: '�► �"'`� - Water CIP Fund d Preliminary Draft AIS -808 4 Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): 30 Minutes Agenda Title: Council Design Endorsement and Direction on Pacific Highway /McDonald Street /Gaarde Street Intersection Improvements Prepared For: Mike McCarthy Submitted By: Greer Gaston, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Information ISSUE Staff is seeking the council's: • Endorsement of a design option for the Pacific Highway /McDonald Street / Gaarde Street intersection improvements. • Direction to proceed with the final design and construction of the selected option. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council endorse design option A -2 and directs staff to proceed with the final design and construction of this option. KEY FACTS AND INFORMATION SUMMARY The city and Oregon Department of Transportation (ODOT) are partnering to improve the Pacific Highway /McDonald Street /Gaarde Street intersection. The goal is to improve traffic flow, safety, transit access, and cycling and pedestrian conditions at this intersection. These intersection improvements are the number one transportation priority the city's Capital Improvement Plan. The council reviewed eight design options at its October 18, 2011, meeting and concurred with the staff recommendation to perform further engineering analysis on three of the eight designs. In conjunction with ODOT and a consultant, staff has been working on the engineering analysis for design options A -2, B -2, and C -2. This work includes surveying, traffic modeling, environmental and hazardous materials review, property requirements, and costs. A comparison of the these options appears on the last page of Exhibit A. Staff recommends the city proceed with final design and construction of option A -2. This option provides improvements similar to those constructed at the Pacific Highway /Greenburg Road /Main Street intersection. Widening would occur on all approaches to the intersection and left -turn capacity would be significantly increased. Traffic capacity would increase up to 18 percent during peak morning travel times and up to 31 percent during peak evening travel times. The Tigard Transportation Advisory Committee recommended option A -2 at its July 2012 meeting. Recently staff was informed the county will provide $4 million in project funding through the Major Street and Transportation Improvement Program (MSTIP). This means the city should have sufficient funds to construct option A -2 — a project with an estimated $9.5 million price tag. OTHER ALTERNATIVES Initially there were eight design options. The council reviewed these options at its October 18, 2011, meeting and concurred with the staff recommendation to perform further engineering analysis on design options A -2, B -2 and C -2. The recommended option, option A -2, is essentially a combination of options B -2 and C -2. Widening would occur on all approaches to the intersection and left -turn capacity would be significantly increased. Increased Traffic Capacity - up to 18 percent in the morning peak and up to 31 percent in the evening peak Estimated Cost - $9.5 million Option B -2 would widen the Gaarde and McDonald Street approaches and also provide a third Pacific Highway southbound through lane, but would not provide the northbound dual left or right turn lanes on Pacific Highway. Increased Traffic Capacity - up to 10 percent in the morning peak and up to 22 percent in the evening peak Estimated Cost - $6 million Option C -2 would widen the Pacific Highway approaches to include a third southbound lane, northbound dual left, and northbound right turn lane. It would not widen the Gaarde or McDonald Street approaches. Increased Traffic Capacity - up to 10 percent in the morning peak and up to 22 percent in the evening peak Estimated Cost - $6.6 million A more detailed comparison of these options appears on the last page of Exhibit A. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS 2012 Long -Term Council Goal - "Continue pursuing opportunities to reduce traffic congestion.' This project is also listed as a near -term priority in the Tigard's 2035 Transportation System Plan. DATES OF PREVIOUS CONSIDERATION The council was briefed on the project on August 9, 2011, and discussed various concept designs on October 18, 2011. Fiscal Impact Cost: $1.5 million* Budgeted (yes or no): Yes Where Budgeted (department /program): Traffic Impact Fee /Transportation Development Tax Additional Fiscal Notes: The estimated cost of option A -2 is $9.5 million. Proposed funding is as follows: Oregon Transportation Investment Act (OTIA) via ODOT $ 4 million Washington County Major Streets Transportation Improvement Program (MSTIP) Federal Surface Transportation Pmgnt (SIP) via ODOT $ 3 million Tigard's portion of Washington County Traffic Impact Fee (• I) * $ 1.2 million Tigard's portion of Washington County Transportation Development Tax (TDT) * f 9.5 million Total * $1.5 million represents Tigard's share of the project costs. Attachments Exhibit A - Option A -2 Design and Comparison Pacific Highway 99W /Gaarde /McDonald co Az NCEPT Intersection Improvement Conceptual Design Concept A Widen All Approaches Combines B & C DESCRIPTION: This concept widens Pacific Hwy 99W by adding a southbound through lane, a second northbound left turn lane, and an exclusive northbound right turn lane. This concept also widens SW Gaarde Street/SW McDonald Street by adding one through lane and one additional left turn lane for each approach. M Number of Travel Lanes ` , ' / Pacific Hwy 99W +z 8 turns ‘ ' ' ` ' I , $ r1 ' Gaarde Street: ® 1 ' • .► " Improvement to Overall Capacity Street s , i A M PEAK PM PEAK t q mot. i 4. ° it i I • ti _.%.,r:v.., .. .,...*,/ :., ..,__..... (..,.. _ 1 • " ! ,_ ,.. RIGHT -OF -WAY INFORMATION . • 26 C Properties Impacted 'r► ,t l'. 6 COST ESTIMATES 2 Properties Purchased i , • I j11•'' l E NGINEERING AND �� - ' CONSTEERRUCTION $ 6.3 Million COST ESTIMATE RIGHT -OF -WAY Q y COST ESTIMATE: $3.1 Million " } - ' TOTAL Q(� d COST ESTIMATE: $9.4 Million i % ' /4 1 r r ' - . • - Wet "••••••=le. RI)" -Is? v elipks WHPacific T t - , „ r `� .... S '4 • 1, ..,.1 ,... s NW ' .,A# -4 '� 9 T ,: � - ' fi r, � ,- . ,.1.: .,,, � ... 1. t } , S P Z '4 � . J ' , As \� r..,rrr. eta \ ., �. NfDEN dt99M .: trrt/tnM ••• .'/,/rTWI4erI.r P t �h • i \ �h f p� ; - et a + C lieW "�� ,. -- � �'tra�. ... ` . w � � ♦i _--a ! .,, � ' t 7,2 1 �' ' - a _ � ` -- - it � eAi./ ' � I t 4 f g 0\ �v, } '�/ 1 , ; • � ,�. r..,, ♦ ro - .,�' Y�. " . •. 4 „ O \ , r NICE *D *DONALD t -. ' - r 1 - ar. ra�..rr sr. r• L a ne MOM: bred on weerr C.pODOT Wide +{t - .! . .. • f.. ti 7 t , ` y ; Wawa Watt e...d on pr.r o aylODOT.wy .`1 / a _' 9 ,,� \ � � • WWWWdAgmtt Beta ` z \ • - +' • -0109W held R.o.W. underline end compered writ en.ong curbs Conceptual Design Alternative A -2 3" 1 - McOonek: reedy vet RO.W. canterbne to curb offsets .v - •Garda:wr.y spit R.O.W. �tedine. aligned lanes with McDonald OR99W: Gaarde St./McDonald St. Intersection Improvements ® - oar. leech.. bored m DNS away July 3, 2012 N.T.S. •L Cl, u Return Reek to be deromMned wh Cdy ODOT .... r_ �� �' 4 WHPaTifit r is , \\ , , , ,,Tic,!,,44,414 7m,. . i r... _ --,-_,.- „L.-L.„ , , , < . . 1-; lir j , 4 ,V . .. ' v * ''' 4\ ` / L R!,.,� _ i fi r.. t 1 _ r �• .- :. {) \). — f .A, 1, , ... ''' j .,, ,,_ . l \ S \ \ ..4 ' ' . r tMbra y r \ o D. 1 o.oa 0 . . ' ' i, ,f -,,W .., -,„ AA II --,t v „ lip, ,. ..-- .‘'. 14-..4..- ,. , ma + : , , ..-.,--1. � \fi - ,. . ,,,,,---- - - ' sO Fri -7f t'‘ .* -4.:- ,. , .,.&_ ...-0,-4 ' 4 .1" t - ,„ \ , 04 . . .. 1 ..,. '''.. � v r .' ss • ' \ I • \•S t Y - - ,- Conceptual Design Alternative A-2 t OR99W: Gaarde St/McDonald St. Intersection Improvements "' t *' July 3, 2012 N.T.S. ' � �\ . fir. ". i •r ' �.f1� "e'' tie.. AMMAIPM1191..10.11.1.0111M.MIN. MI., OR99W: SW Gaarde St. / SW McDonald St. Intersection Improvements - Alternatives Comparison Jut/ 17,2012 a, •1"' t..,.. Descriptions .. < Project issue A -2 Rattan B -2 Rating C -2 Rating Comments P A) Driwwyipopsty access A A A A. lawn o sass to property (where alternative acme unto be created for • site) B) Traffic Capachy(vk ratio) 096042 P _.. 1060.93 N 104003 N MIRK yew 2023(A-2 nerd earn to 2022) Winne as opacity ratio it an indicator of intersect= canny affixation - 040rowmr n Omani Canny cop M%AM Pak P rq l" AM Poi N e► I" AM Pbi N Omni canary angeovanou by penman over corn= oxidationoxioxidations atia n 3111404 Pei tip 22%PMPeak tip 224 PM Pan _ -. ._ _.. -. C) Tiene Delay - avg delay (l-OS) 45.3 (0)143.7 (D) P N.7(PW93 CD) N 603 (EV45.5 (D) A A1A% nee 2027 Corners mitt delaphithien at u tnrntmeNam C. Tie kwl to with web ah®uiw o meets COOTS road towards. This inchds co nderaj U)7Yalyb - - - her as dented. This is collective evaluation considering all subcategories 1 to 6. — 1. Roadway Safety A A A 1. Corner t6ilily to Impose lmmaeuiou and menace high level of aatddw 2. Pkderun A A A 2. bender ability to provide pedenian amenability through i4e0eCtiuY and muffin 3. Biic A A A _ ..__ 3. Caudder t6ilhy to provide complete tike accessibility though intersection sad corridor 4. Town A A A 4. Canner ability to provide for bus mp for te matron transit service roe+ 5. Prwgh motility P A A dy P 1Ot ' d0 O °m O4bili Y owfa S. The ability for tomb and m d large vehicles make nuns. Std hues vs. narrow lean Inge 6. Emergency Vehicles P A A Wfdawadnys provide Prate gothility fr 6. Corner ability for emapcy snicks to travel heraecnan and condor - - whacks to wanuer des ate Imene in 51.700 33,700 A) Right - f-WaY (sf) $ IS mil A $ 0.9 A S O�dl P A. R!�d t - rmy coma needed for porch= std estimated teat B) Pamamnt?egiasy Enemems (d 12.000 A 22.800 A 19.100 A B. Penmen ad temporary easement area seeded for path. 2 OA mil S03 mil 303 m0 C) Benda( acgrdsitim 2 N 1 N lag '• oe C -2, are Man 6ds n pn on slim r end C. Nomhdpoperties that mat be smeared become the proposed right-of-way impacts the winning Fades so non e nor _______„sbutse _ D) Property AapWloe $1.2 rail N 300 mil N 300 mil N Bad ow dm is the ion D. Member of properties dim most be aoquked and stimod cost 0) Private Padiag Lon 33 tans o5 N 5stdko ton N 30 stalls o3 N Warrens = 361 CIE d61 nth) Wing lea bi(m a LAS dparWg iuu o pnvre property ton seeartiss peons bbl properties pssairn ww6pnnaon A-2 t CS. - P) Pagano* a Coouaonwo 3 63 mil A 240 nd A 05.0 mil A P.Ov.6I estimate of engineering and construction cob - 03) Ton Project art 29.4 nil A 56.6 mall A 36.7 mil A G. Total Minn a(amutio. right-of-way. and engineering costs ID Ifsardo n Manias A P A No proposed widener o east side for 11-2 N. Impact of my Wynn environmental conditions (e.g. n:numiesiaa) Wog Lege& I` 1NHPac c r P- ►wired R - APRalmtt mdl-0t -WrY rat IN 1.4.1 4. E- Appexi is Parent sea rAr N -NOMA U - Uaawmle IWnaMJeOpAnr. P..+..n+ ...CM,rdnaiedaawsmwieryowY.m... b$0 0I7/2012 AIS -945 5. Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): 45 Minutes Agenda Title: Tigard Triangle District Plan Update Submitted By: Cheryl Gaines, Community Development Update, Discussion, Direct Staff Item Type: Joint Meeting -Board or Other Juris. Meeting Type: Council Workshop Mtg. Information ISSUE Presentation to Tigard City Council and Planning Commission of an informational report on the Tigard Triangle outlining the next steps for development of an area plan. STAFF RECOMMENDATION / ACTION REQUEST No action is needed for this agenda item. The presentation will update City Council and Planning Commission on work related to City Council's Tigard Triangle /HCT goals. KEY FACTS AND INFORMATION SUMMARY Tigard City Council goals in 2011 and 2012 have included actions related to the Tigard Triangle. In 2011, the City Council set a goal to "show substantial progress on a new Tigard Triangle Master Plan." In the City Council's 2012 goals, the Tigard Triangle is included as an area of focus for implementing actions that contribute to the SW Corridor Plan by "adopting land use policies and designations for high- capacity transit (HCT) station location alternatives." In response to this interest by City Council, in 2011 the Community Development department began an examination of the planning history, current vision and existing conditions in the Triangle. The work also included a scan of policies and regulations that might help position the Tigard Triangle on the regional level as an HCT station location. Community Planning staff has worked with a small consultant team and the Planning Commission on this effort. The results are provided in the attached report which outlines the current status of the Triangle and a process for development of a Tigard Triangle District Plan. Originally the work program called for a process that engaged the Planning Commission and stakeholders to update the vision for the Tigard Triangle followed by development and adoption of revised policies and regulations to support the vision. However, staff found that a more extensive process is needed because a comprehensive plan for the Triangle has never been adopted, much has changed in the 20 years since the last Triangle planning efforts, and a high priority has been placed on HCT within the Triangle. The timing for additional planning in the Tigard Triangle fits well with the recent completion of the Tigard HCT Land Use Plan, anticipated milestones of the Southwest Corridor Plan, and possible Transportation Growth Management (TGM) grant funding for the plan. David Berniker of David Berniker Urban Design and Planning and and Matt Brown of loci, Inc. will join staff in presenting the report, focusing on the path forward for a comprehensive Tigard Triangle plan. The report provides some background and history of previous planning efforts in the Triangle and explains what has happened in recent years to prompt a "new look" at the area. In addition, the report includes information on opportunities and challenges to development and outlines key plan elements to ensure the plan's success. The report concludes with an overview of the planning work that is expected to occur over the next 12 -24 months depending on whether or not the TGM grant is approved. Staff will provide a more detailed review of these options at the council meeting. OTHER ALTERNATIVES There are no alternative actions for this item. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 1. Take the Next Step on Major Projects b. Implement the Comprehensive Plan through code revisions, including: ii. Contribute to the SW Corridor Plan by adopting Tigard's land use policies and designations and identifying priorities for high - capacity transit (HCT) station location alternatives by mid -2012. 1.Determine the economic development opportunities, development plan, city policies and regulations needed to position the Tigard Triangle as an HCT station location. DATES OF PREVIOUS COUNCIL CONSIDERATION July 12, 2011 - Staff and consultants updated the City Council on Planning Commission activities related to the Tigard Triangle and Tigard HCT Land Use Plan. These included workshops on potential HCT Tigard Triangle station locations, alternative land use patterns and typologies. Attachments Tigard Triangle Report T 1 ar d T The Path Forward f xEr ��""d �' V , Jl ' 4 . ° e "1, A • , / ,gam /, . . : t" f' o 11 1 4 4 , ,,A ' . - ' • ' .46 ...„........ ... .. ,,.. .. xS - _ ._ _ l . lo �.r ^ �k,, - •: +r :, .tom. ....- ...,...,.:„....k.v• 7... �c e, a \ � � `. - ' , � jai ", ` ^ `? pi :117 - - WV B CV :V_ , , \ Project Team Client: Tigard City Council Tigard Planning Commission City of Tigard Project Staff Project Consultants: Urban Design and Planning David Berniker 2508 NE 25th Avenue Portland, Oregon 97212 loci Matt Brown 3443 NE Couch Street Portland, Oregon 97232 1 4 4x. Table of Contents N�,.,�.,. a_ Project Team 1 Executive Summary 3 Introduction and Background 5 High Capacity Transit (HCT): What is it? 9 A Path Forward 11 Key Elements of a Great Community 13 Essential Conditions 15 Moving Forward 17 Work Plan 19 Appendix A — Detailed Plan History 23 Appendix B — Challenges and Opportunities 24 Appendix C — Planning Milestones 26 Appendix D — HCT Land Use Plan 27 Appendix E — HCT Alignments 28 2 Execut Summary • . . . . • The Tigard Triangle is a 450 -acre district located • Inadequate infrastructure to support The plan should address or incorporate a number just east of Downtown Tigard, Oregon and bound significant redevelopment. of key principles, including: by Interstate 5 (1 -5) to the east, Highway 217 • Zoning and development regulations • Financial feasibility, including market to the south /west, and Highway 99W (Pacific that do not support a quality mixed -use assessment and the viability of both public and Highway) to the north. The area is home to development. private financing. a variety of existing uses, including big box • Sub -area assessment that addresses unique retail, offices, and single - family residential, In order to adequately address these issues and sub - districts within the Triangle. and is viewed as a significant redevelopment opportunities and initiate the redevelopment • A proposed mix of uses that is complementary opportunity for the City of Tigard. process, a comprehensive district plan must be to Downtown Tigard and reinforces downtown established. This document identifies a number redevelopment efforts. Over the years, there have been many attempts of key issues that will need to be considered • Connectivity between the Triangle and adjacent to define a vision and shape for the direction of as part of the planning process as well as the areas, including regional transit connections. Triangle redevelopment. While these efforts have foundational elements that must be incorporated • Internal circulation and connectivity, including not resulted in a definitive plan for the area, there within a successful redevelopment approach. bike and pedestrian access. are a number of common elements or themes that describe the issues and opportunities present The first step in this process is to establish a In order to kick -start the Tigard Triangle planning in the Triangle. These include: broadly supported community vision for the process, the City of Tigard has applied for a • Convenient regional location and Tigard Triangle by engaging stakeholders, the Transportation and Growth Management Grant accessibility. Tigard community and policy makers. This from the State of Oregon to "identify specific • Vacant and under utilized land available for planning process must consider related planning policy changes and investment priorities needed redevelopment. efforts, most critically Metro's Southwest Corridor to create and support a mixed -use development • Significant natural features, including Red Plan and recommendations of the Tigard HCT with balanced, multimodal transportation Rock Creek. Land Use Plan. Coordinating these efforts in the options." Planning will proceed whether the grant • Lack of connectivity (internally and context of a redevelopment plan for the Tigard is awarded or not. However, the scope and final externally). Triangle will help reinforce the need for a Tigard products will be limited without grant funding. • Lack of non -auto transportation options. Triangle station along the Southwest Corridor. 1 4 � . 0 ...41, ...41, ... . awrr . I . . . . ..... .. . . • _.. . ... „, _ . . c. ”: 2.. ... ... • . _ .. •. • t' . . • (6, SPECHT 4 SPECUT � ..6::::,._ 4!�°� ' :< �lrrJ'k til Ay 4 C _..1/2. 11�' „L?�..a' � t � SAM. :::*.: , r � ' d 1 d� 2 � 1 :�` tItRiii SW d i al w r ” . : �- . y! -4 � 1'yyy . y lt� - . • !'� 3e • t •Tl 1T- i/' I � ..mo . S T Key intersection at SW 72nd Avenue and SW Dartmouth Street. Undeveloped site at SW 68th Avenue and SW Dartmouth Street. 4 . . . . . . . . Introduction and . Background . Overview sqt \ .', �" 1,11". t �' if • The Tigard Triangle has long been considered A t • � - • ' . p1 A , t •r • ' : —'' r, c n an area that could help absorb future growth, " --�i • i 4) to in Tigard by providing multi- family residences, �: ,�: tr — ` ' i��.� PI employment and nearby shopping. Until the early - ! 7 64 - -• -t- - I - i t 80s about half of the Tigard Triangle was still in .t ,.,.,'S - _ f . 4 7.1 ,-: unincorporated Washington County. • .. ,. ` I .ter' .. 4, /.- ' i i -t , • ` rt.: ° . � • At Aerial photographs from the 1960s show 1 -44 - � '' yr _ `' ( ' �� agricultural uses like orchards and livestock farms, 6.26 � _ `"' _ o r an elementary school, and a drive -in theatre. - , j , / ,, ,: s.. : ' . . This once semi -rural area has developed over the -4. 1• - = - years with single-family homes and commercial _ i : - ° i R ,� uses (mostly large format retail and office). -*� Zoning has changed from a mix of Professional --� � �' i ` •` ` • � ' "'` "`� Commercial (C -P) and residential (R -3.5 and , di. , .. 1 1'• ,. ` fi R -25) to Mixed -use Employment (MUE), with the / 7 � �- ..�. fh: • W W oi.. ,1, ;4 exception of the General Commercial (C -G) zones, 4 . ' "sd' - -, I i * =4-1 �i ? located generally west of SW 72nd Avenue, which - 1 ...I d; ' ' Ir �' ~ ;'+ ' ' has not changed. _ r �,-.� �,,,7,_ • . - --- �- t,+_ 1 ; _ Close proximity to state highways provides a high � ` i , . L . • ' , • level of regional access to the Triangle site, which `', �- - '• D -V-/ /I ' ' - A4,- i► t i„ 1 is ideal for employment and retail uses. - - 3r I } • _ • - ' 3 _ ". _f • . k .. '- -, ' 1 Aerial — circa 1960. . . . • . . . . . • • • • • • . . • • . . . . • • • • • • . • • • • • • • • . . • . • . . • • . . . . . • • . . . • • • . • - • • . . . . . . • . . . • . . . . . • • . . • • . • • • . . • . . . . • . . . . . . • • • . . . • • . . • -4 li •• Fred t ti r b � . r!"; «. Y � ` • r ,M.,<L . MOONS ■ - ., • . ; - 7 . O © o , - 4 : , y 11 y • /* "P w t f P . o t � l t,a�n d • �.�. <'�` 6 , r P , . ' V . t�•1! C o m m u' nn i t y }' r v N ° 1 • r `' ' #•s - r , , ,'o I I s e gee �s k fi ■ r > ,{ �` . 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'<�. y Z fit d ��, ^> I a 7 1 Aro F. 7 Nf • 'I s' ''•at i 141 "`■,, . 0 . s 4 9 O1/ State highways act as barriers to adjacent areas. :Fs A 1E-, ; . ` 7 - f a r t I 6 • • • . • . . . . . . . . . . . . . . . . . . . . . • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . On the downside, these highways pose a on large undeveloped or underdeveloped sites. significant barrier to pedestrian and bicycles, Surrounding residential areas have experienced : , r ,.- . especially coming from the downtown core area limited changes, with the exception of a few ■ , The lack of connectivity between the surrounding changes in use from residential to office. In J = e ar areas and the Triangle exacerbates the existing, most cases, these changes have not resulted �''�` g g g �' � ,;��d auto - oriented land use pattern. in the desired comprehensive and cohesive ` ` �'� _ improvements to the existing built and pedestrian .• r ; ;i� environment. The land use pattern has been N. Past Planning Efforts further compromised by new parking areas, `` - i as a result of the changes in use, that do not . ` i , There have been at least two long term plans fit into the fabric of the existing residential , � .. „L i if created to make the Tigard Triangle a place to neighborhood. ai 8 b. it: ' P ' .c live, work and play. The last major planning effort �� it ,;: ;: = ='( for the area was completed in the late 1990s. In recent years the city has conducted a series 4; :11..--.; = "' • Despite this effort, a comprehensive plan has not of plan updates and studies as part of periodic ' WO 1.;;;L *\ +� ' r been adopted for the area. To address lingering review and long range planning for the Triangle N . ."'-' t, A ` land use/transportation issues, the area has and Pacific Highway. These updates and studies 6 V`'l:1r°'r :r > \ ► � p g Y P op ji , . been partially re -zoned to allow for mixed -use combined with other city plans and regional • int nu•- a p e __ developments and design standards have been efforts listed below, suggest that the timing may ver ■ adopted. A detailed history of the past planning be right to develop a comprehensive plan for efforts is provided in Appendix A. the Tigard Triangle that considers land use and transportation improvements. Existing Land Use. Despite the adoption of these design standards and changes to the zoning code, the development pattern, in the Triangle, has been inconsistent. The majority of new development has occurred 7 . . . . . . . . . . . . . . . . . Recent efforts include: s, • Southwest Corridor and acceptance of i ' GE F Tigard's High Capacity Transit Plan. • Downtown Tigard —new redevelopment U ti I V F R I T . ,.. {` strategies and WES Commuter Rail. • Future expansion of the Tigard Town Center PORTL ' 4 boundary to include the Triangle. • Adoption of an updated Tigard Ilr%, • • _ _ s1 ii. Transportation System Plan. - � - > ' S • Amendments to the Oregon Transportation N . f • ; y'• - !',k j Planning Rule _ '�..Z, •. -- r' At this time in the process a preferred mode of _ ? L ' transportation has yet to be identified. A detailed � - • discussion on high capacity transit (HCT) and • V its impact on future development in the Tigard • l _ Triangle follows on the next page. This section � •I_ is followed by a strategic approach to creating great places that includes the identification of key .. i planning principles and a conceptual work plan. ,,,,. , ma , std ,�1 , ,# ,4 Cinema — Potential Opportunity Site. 8 . . . • High Ca acit Transit (HCT): What is it? . . p y ... . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. ..................... Current Planning Efforts As previously mentioned, Metro is currently these strategies will help position the Triangle at engaged in a regional planning process for the the regional level for an HCT station. HCT includes Southwest Corridor, an area that roughly a variety of modes. encompasses the I -5 /Barbur Boulevard /Pacific Highway corridor between downtown Portland ! Potential Station and the Sherwood /Tualatin area. The Tigard Beaverton 5; Communities Triangle is one of seven potential station locations w , ti 1. Tigard Triangle studied as part of Tigard's HCT Land Use Plan. 2. Downtown Tigard The Tigard Triangle has vacant and under utilized ata Portland land that can support a mix of uses that can be Tigard 3. Pa a Hwy! sM rw� St. 6aarde-McDonald served by HCT. Improved transportation access Clackamas Y P P County to and from the Triangle with HCT service is a 2) 4. Summertteld/ potentially transformative economic development 411 `+� Lake Oswego King City opportunity. Decisions about the transit mode , ,,,.IL :. 5. Washington svf and alignment are part of Metro's Southwest 3 Square Corridor Plan. These decisions are not expected ',,,, {,' •/ $ Saks R` C , ura to be completed until 2015. 6. Schotts Ferry Road at 121st Avenue The recently completed Tigard HCT Land Use Plan i1 Mohan. "' 7 7. Upper Bridgeport outlines implementation strategies, which include King City policy, plan and code amendments. Some of the Durham implementation strategies are the same as those Tualatin needed for the Triangle Plan. Incorporation of Potential station communities. 9 • • Light, Rail' , • Streetcar. . Rapid Bus 11111 -',. . . . . . .. ,, ., . • • • • . , . . .. ..1 . . , ,lig , Examples of Transit Modes and Transit - oriented Development Orenco Station (Light Rail) Pearl District (Streetcar) Eugene HCT Bus Orenco Station is a 190 -acre master - planned, The Pearl District in Portland has achieved EmX (pronounced: "M X ", short for Emerald transit - oriented development (TOD) in Hillsboro, international notoriety as a successful transit- Express) is the local bus rapid transit system OR. The community was built adjacent to the oriented development focused around the developed to address the current and future West Side Light Rail project, concurrent with the Portland Streetcar. While a streetcar is not growth and transit needs in Eugene. EmX is light rail expansion in the late 1990s, and features technically considered HCT, the project is unique because it operates like a bus, except it nearly 2,000 housing units and a diverse mix of instructive in looking at how rail transit can be utilizes designated lanes that allow it to travel employment and retail uses. Pedestrian access integrated seamlessly with a successful urban undeterred by traffic. Riders of EmX enjoy faster, and connectivity was a critical part of the master neighborhood. Since opening in 2001, the more reliable and enjoyable service; while plan for Orenco Station, including direct access to Portland Streetcar has exceeded daily ridership enabling the transportation agency (LTD) to the West Side Light Rail station located along the projections, carrying over 12,000 daily riders on increase ridership at much less expense than a northern boundary of the neighborhood. Other weekdays, with a total ridership to date of over light rail solution. examples: San Jose, CA; Dallas, TX; Denver, CO. 28,000,000. Other similar examples: Tampa, FL; Tacoma, WA; Seattle, WA; San Diego, CA. _ _.... .., _ Immo j It, a t. 4 _ , �_ , i 1 • �.� ' Y" ; f ti .. . , .4 . ''' *A' - . i • . ___ ...4 I f -- - J Orenco Station in Hillsboro, OR. Pearl District in Portland, OR. Rapid bus in Eugene, OR. 10 • Path F A Strategic Approach to Making --„tit , , t. ',. , ' ;, �' , .,,,4 ' Great Places '� '' - - . s P. '• It ,, i' c : , fi , . �-, . l •, i• �, Great places start with great ideas, The Tigard � •� !• Triangle has the potential to be a vital, energetic - v1•` >K ��' � t �•� �'� i' r r home to shops, offices, businesses and residents, ~ I .; +' ' - - 4 i ,40: : Alp !, , reinforcing Downtown Tigard as the heart of the +'- 5 '�•y community. .. .. '•.: y • y � , '- .- .�;�" , V• • A � Creating a successful place requires a strategic >`'4, �;' t • l lie • ^ "2. A approach. Great ideas must be grounded -- �- . - ' ,{ in reality, and for an area with the size and ` , r. 4 � � , 1 ` r"' , r s. complexity of the Triangle, a comprehensive • ;' '' ,�'A "'' ! t'4 .,-,'"" process must be undertaken to address the core �, P; *� issues that affect redevelopment activity in the pages ,;,�_ .'. � 1 R :. ` �_ 1. district —what we have referred to on a es _ .! _.� it 16 -17, as the "Essential Conditions." By balancing u'� ' _ great ideas with the realities of market conditions, - financial feasibility and technical requirements, X , . , . ;` ""�"'� - a compelling and implementable vision can take " root and guide the redevelopment process, 4 , Elements of a great community are related to design, functionality, permanence and choice. Office building on SW 68th Parkway. It appeals to a variety of people by addressing individual needs through common desires. 11 C C Great Communities share the attributes of innovation, energy, vitality and a self - perpetuating enthusiasm. They are created with intention, design and change over time. Common characteristics are excellent community design, a transparent and proactive government, a vital economy, a full range of housing, employment, transportation, recreation, shopping and entertainment choices as well as attention to the environment. > (Metro Great Communities Report, 2006) �, - .... R 4fi = ' 4 • - s^ I , , . , .25, . .1.!. ' V C 4:.4d*LM.v.:ta.t..1106e . . i ...._ ,... ... ,, i,...t.,,U 47: di et . + A i ' + • '• ` # • : l s 1•..K. I `t t�. Ej • IS ,,'°, " / , 1 A, 0 '4 ' t . i : - ' a View from SW Dartmouth Street and SW 68th Avenue — potential open space site. 12 Key Elements of a Great Community • . . . Housing Vibrant Places Sustainable Development . • ... .r.......- ... I. - - ---- "1 1 111• -• * \:',,., * •*s'- L ,, . , I) ..-, y ,k,. 4t o .. . fr ,.............. ... ilmr N _ - 1 —; , -..;" ■ . , , . II -.411111.... • illiftrAT - 1 ,,. 4. . , .. _ • IP ,..4 ; I. , 0 . ' . A is"- , , , .,•,,, 1 4, , W L i - i i lir 1 . w - 1 1 ti, i ..."1 I .. .._ . tiw: * :z.—' — — . rziPiiiiin .1116 AN I Allt / i . I ' DIW „A , i * . ; ; ” 0 • Li „ \ .. i - .. , , , .„,, . ,! ... _ ........„, - _ -..., .,..., Great Communities have a wide range of quality Great Communities have a diverse mix of uses Great Communities incorporate sustainable housing choices. and high quality pubic environments that practices that promote stewardship of the encourage public gathering and interaction, environment and improve air and water quality. 13 i III Connectivity Legibility Employment O • �; ... t ! t ALES i 4„ „ 1 - T, : , E . , :,°, 1 e ''' :' .:, pit I T . bit — --r. / :. ,_ I I" Z', L II ; 1 `,. fil / )), 1 Y vnsnsu - . <..:... r . •'VIII i .. II ■ {i \ ; Great Communities consist of multimodal Great Communities have an identifiable center Great Communities consist of a broad array of pathways, trails and streets that get people out and edges. You know when you have arrived and employment opportunities. of their cars. when you have left. ti . • • . . . . . . . . . . • • . • • • • . • Essential C • . . ........... . . . . • • • • • .• . . . . . . . . . .• .• . . Five Issues to Consider: The following conditions are critical to the Transportation Capacity and HCT and Alternative Transportation attainment of a future plan. If the next Tigard Connectivity Modes Triangle planning effort fails to address or solve these issues, a successful outcome will be highly The Triangle District is surrounded by significant A key component to increasing development unlikely. regional roadways— 1 -5, Highway 217 and Pacific density in the Triangle and maximizing economic Highway. Future growth in the Triangle will need development opportunities is the availability Given the nature of this planning effort, the work to demonstrate how additional future trips can be of attractive and reliable HCT service. This program should be structured to test concepts, handled on or across these facilities. component is integral to understanding and solutions and technical information against these solving the transportation access and capacity essential conditions, with the goal of providing The Oregon Transportation Planning Rule (TPR) issues in the district. Alternative modes such as a consistent check on the planning process. dictates that zone changes have no further impact bike and pedestrian travel are essential to ensure This approach ensures that if any essential on regionally significant facilities than what is connectivity between the development and mass conditions fail, there can be a course adjustment allowed under existing zoning. Recent changes transit stations /stops and also encourage those to the effort and a final product that is both added to the TPR that encourage multimodal, living/working g /working in and near the Triangle to utilize economically viable and consistent with the larger mixed -use development may help alleviate these alternatives to single occupancy vehicles—cars. goals of the district plan. restrictions. In addition, Title 6 of Metro's Urban Growth Management Functional Plan encourages + ' — �1 r q ' `� development within 2040 growth centers (e.g. „� / . ., L town centers and station communities). ` k M \ ft -.0. " ..,. _ ,, . _ , z------- .01 10 •._ i Multimodal transportation system includes bikes. Bike parking is essential to increasing ridership. tc d. :p 4 - - 4 r1; Economic Feasibility and Market Financing and Funding Implementation Strategies The future plan must be both economically A viable financing and funding strategy is Implementation of the district plan will occur viable, including a short- and long -term view of required, including the determination of the over a long period of time — likely years or more. the market conditions. The street network, as cost, timing and likely funding sources for The plan must identify what actions are required well as development standards, and the overall needed public infrastructure development to support redevelopment efforts and attain zoning recommendations, should help drive or other projects and programs. Funding will the larger redevelopment vision for the site. the overall form of the plan and ensure the need to be provided for both the planning These actions are likely to range from immediate recommendations are fundamentally sound from and implementation stages of the Tigard (Comprehensive Plan and land use changes to a development feasibility perspective. Triangle Master Plan. This work may include an the code) to mid- and long -term (infrastructure) independent analysis of financial feasibility that investments. Besides providing a time frame for focuses on the cost /benefit of public investment the actions, the plan should identify actions based in the Triangle. on costs. Oftentimes, there are actions that can IP - - be implemented today at minimal or no cost. Eia ECSPF "' . , Commonly referred to as "low hanging fruit," these actions serve to oftentimes catalyse larger /�: �, / ..-� r,�, more comprehensive actions. III 11111 . City of Eugene HCT bus. .. _ - - . - . _..... _ tir • , .. Off the grid with bike Power. 1 Green wall lowers energy load. 16 Miii Forwa ..• .. . . . g ...• • . .. . Process so far... In the process of putting together this document, Common Ground the project team spent time with the Tigard City Council and Planning Commission and attended Based upon conversations with commissioners, • Support the extension of high capacity transit public HCT meetings and workshops. In June 2011, the following draft principles have been to Tigard through the development of a the Tigard Planning Commission discussed the established: transit - oriented development strategy for three Tigard Triangle alternatives as part of the • Establish strong transportation connections the Triangle. HCT Land Use Plan. These small group discussions between the Triangle and Downtown Tigard, • Develop a "brand" for the Triangle site or served as the starting point for the Planning surrounding neighborhoods and the regional facilitate placemaking. Commission to begin a visioning process for transportation system. • Establish a unique "sense of place" and the Tigard Triangle's future. A subsequent large • Encourage a broader mix of uses within the strong district identity through the use of group brainstorming session led to the request by Triangle, including a diverse mix of housing design and development guidelines, signage commissioners to tour the Tigard Triangle. and employment, while building upon or and wayfinding. integrating with existing uses. • Recognize the unique nature of the Triangle The tour had two purposes. One was for planning • Create an economically viable approach to and its subareas. commissioners to see existing conditions in the redevelopment. • Develop a green infrastructure plan for the area such as development patterns, topography, • Incorporate sustainable planning and Triangle that incorporates existing natural street improvements, connectivity and the level development principles throughout all phases features like Red Rock Creek and links parks, of activity in the off -peak hours. The second of the development process, from planning open spaces and natural areas together with purpose was to provide commissioners with a through construction. bike and pedestrian pathways. new perspective on the site. Many people travel • Ensure that planning efforts are consistent through this area by car. By getting out of the van, with and support redevelopment activities in the commissioners were able to visit areas not Downtown Tigard. normally seen from a vehicle. 17 • C C The Tigard Triangle represents . • • a unique opportunity for the • City of Tigard to accommodate - - - future growth and development . in a sustainable and economically - viable manner. Building on a future high- capacity transit line, • the district will accommodate zt' zi , '- ' " increased residential and employment densities and improve connections between the Triangle,_ p j ; • Downtown Tigard and surrounding - a neighborhoods. New development _____ will recognize the current balance _ - • • - of uses, including regional retail - and employment destinations, • , while providing a broader mix of ~�` development that supports and s'•,..---J :. `' complements the city's efforts in i ' _ both Downtown Tigard and the y city as a whole. The city will work • r;, r • - '` '`# . closely with local neighborhoods '" :�, and residents, property owners, _ . (; businesses, institutions and regional partners to deliver a 4 neighborhood that represents the View from Dartmouth. best of Tigard. > Draft Vision Statement 18 Work Plan Draft Planning Process city in October 2012. With grant funds the plan - __ - will include in -depth transportation, market and A robust planning process that informs as well economic opportunities analysis, major code and " 4 -y as welcomes input from all stakeholders in comprehensive plan updates, and implementation the Tigard Triangle is essential to creating a of infrastructure funding mechanisms. l j a _ -. great community. In order to attain the results ` 1 -1 ' described in the draft vision statement and A scaled back version is proposed without grant '` guiding principles, there is a significant amount of funds that will update existing regulations and , 1 , .- __, ,t: work that will need to be undertaken. policies, review infrastructure funding options, , and update the Economic Opportunity Analysis }. c` , This work begins with a planning process completed in 2011. The graphic on the next page Tx that focuses on removing the regulatory, shows differences in timeline and scope with and - .- infrastructure and economic impediments without grant funding. to achieving the city's vision for the Triangle. ' ° The goal of this process is not just to * `'- —� describe a conceptual framework for Triangle'` r ' redevelopment, but to implement the appropriate 4, regulatory responses and establish a realistic g Y res p funding strategy, both of which will create a - 1. • development -ready environment in the Triangle. ` - „ i r r .f In June 2012, the city applied for a Transportation :� -_ _-. ; ti IMP and Growth Management grant to fund development of a Tigard Triangle plan. Planning -- efforts will take one of two paths, depending . on whether or not the grant is awarded to the Inviting pedestrian scale on SW 70th Avenue. Public involvement is key to the process. 19 Conceptual Timeline and Deliverables 0 a .- U o -o PROJECT SCOPE OUTCOME o • Limited Public Involvement • Minor updates to existing Economic Opportunities Analysis, c • Existing Conditions Analysis Comprehe Plan policies and Development Code l7 f_. • Multi -modal Connectivity Policy • Economic Opportunities Analysis 3 • Policy and Code Review • Funding Options Review 0 Y •Review Funding Options • Rely on existing Parks Master Plan N H 0 N N 0 Tigard ° • • 1 • TRIANGLE o JAN July JAN JUP JAN •N 2013 2013 20in. 2015 Z d • • 0 '`� " " ,, 4: '• OUTCOMES 1° • Tigard Triangle Vision 0 2 to PRE-GRANT WORK PROJECT SCOPE • Major updates to Comprehensive Plan and • Existing Conditions Analysis • Robust Public Involvement Development Code • Preliminary Policy Analysis • Transportation Analysis . Zoning changes • Interview Stakeholders • Economic /Market /Development Opportunity Analysis ▪ TSP Amendments • Police & Code Analysis •T SP updates • Funding Options Analysis • Multi -modal Connectivity Plan • Funding Strategy Recommendations • Parks Master Plan updates Phases of the Work Plan Regardless of the path, the work plan will consist of phases. These phases are + ;l_! 1) Issue Identification, Visioning and Goal- setting, + 2) Tigard Triangle Framework Plan, and :V 3) Tigard Triangle Plan Implementation. - )t f 4 _ l '- r I ( r t. 7 , * _ i 3 i} , . - 1 . '' '..C .119.° 5'. 4 04$4 :' - - . : - ' -.' ' . le. Ill ". - I 4401 Pathway connecting adjacent developments. Landscaping and design standards support vision. 21 . . • • . . . • • . • . . . . . • . . . 1. Visioning and Goal Setting 2. Tigard Triangle Framework Plan 3. Implementation The goal of this planning process is to engage The framework plan will establish a detailed Including an implementation phase in the Tigard Triangle stakeholders, (property owners, set of recommendations for implementing overall work program is essential to ensuring residents, businesses, associations, etc.), the the Tigard Triangle vision and goals and that the results of the planning effort do not sit broader Tigard community, and the Tigard City removing the barriers to development that on a shelf. Assuming that the framework plan is Council and Planning Commission to work in a would prevent attainment of that vision. These successfully delivered to and approved by the collaborative manner to identify impediments recommendations will be based on a thorough city, the immediate next step would be to take to future Triangle development and establish a analysis of the underlying issues in the district, the relevant framework plan recommendations common vision and project goals for the Triangle. including transportation access and capacity, land and translate them into specific regulatory The end result of this process is intended to be use and zoning regulations, infrastructure needs, language (zoning code and development standard a strong community consensus on the direction parks and open space, geotechnical conditions, amendments, design guidelines, etc). and to for the Triangle, and a clear understanding of the environmental conditions (e.g., sensitive areas, pursue funding and infrastructure strategies. path forward. habitat, wildlife), market conditions and other critical issues. The process will gather existing Final Products: Final Products: conditions information for the Triangle and Revised Regulatory Package, including Zoning Updated Tigard Triangle Vision Statement and utilize that information to help inform plan Code, Development Standard, and Design Project Goals; Tigard Triangle Issues Paper; Work recommendations and shape the conceptual Guidelines; Identification and implementation Plan, Schedule, and Budget for Tigard Triangle approach to the district. Final recommendations of financing plans and programs that support Framework Plan. will be based on an economically viable approach Triangle infrastructure development including: to development in the district. • Vertical Housing Program. • TOD tax exemptions. Final Products: • Urban renewal and tax credit financing. Tigard Triangle Framework Plan and • Establishment of LIDs, and impact -based Recommendations; Economic Viability Analysis; SDCs. Implementation Strategy and Action Plan. 22 A - Detailed Appendix P lan .History Two Tigard Triangle plans have been created Oregon Department of Transportation (ODOT), for the area, but neither was formally adopted. Metro, residents, business owners and Not much is known about the first, the Triangle developers. Plan, completed in the early 1970s. The second planning effort began in 1992. In order to In the late 90s, City Council adopted the facilitate development, the Tigard City Council current zoning of the area (MUE — Mixed -use passed a resolution accepting a land use pattern Employment and C -G — General Commercial). map and directing staff to initiate amendments to The current development standards found in the the development code and comprehensive plan. Tigard Development Code (Tigard Triangle Design Standards) were adopted at the same time. The This second plan, known as the Tigard Triangle MUE zoning avoided the down zoning issues and Specific Area Plan, had a goal to create a allowed a choice of uses including retail, office, community for people to live, work, shop and service commercial, research facilities and high - play. For two main reasons the Tigard Planning density residential. Larger scale commercial uses Commission recommended denial of the plan. were planned for the existing C -G areas. The goal The first was property owner opposition of the of the adopted Triangle design standards was to proposed zone changes (down zoning commercial ensure a high quality mixed -use employment area sites to multi- family), and the second was that utilizing streetscapes and to develop a convenient the market had changed since the study began pedestrian and bikeway system within the area. (development was now occurring). In response, the Tigard City Council withdrew consideration of the plan and directed staff to bring resolution to issues associated with transportation, design and land use in the Triangle. A task force was created that included 23 . . . . Ap pendix B - Challenges and Opportunities Challenges: . � i.; L _ • Connectivity (external) — major roadway • • ' 'v , y „ boundaries limit connections (especially � pedestrian and /bike connections) to adjacent _ `' : - - � 1 neighborhoods such as Downtown Tigard, ,, A i , - - i . businesses along the opposite side of ,,!'� .,11/ ` Pacific Highway, employers in Kruse Way '`+ice,' and regional facilities such as the Portland ''a: , ! I Community College Sylvania Campus. Freeway r 1 / I crossings are expensive, so it is important efc T AI . ` that any connection accommodates multiple - T'+iNt� :A S TOP transportation options. a► l , ' i .: ,, � - . • • Connectivity (internal) — an incomplete streets — a....�„.. , - • ISO _ .., , '. network and limited pedestrian and bicycle 1 ' "' connections, especially between developments, restricts local movement. t • Existing land use patterns lack visual and IIII physical cohesion. h,- `�'' • Lack of variety in land uses. A majority of ` 3- existing uses are office or big box retail. There •2:: y A is shortage of neighborhood- oriented retail and service uses necessary to support a residential 1- _ . neighborhood. • Lack of infrastructure goes beyond street improvements to public and private utilities such as water and sewer. 24 Opportunities: • Major Regional Transportation. Although access • Subarea Concept. The Tigard Triangle could • Existing "Anchor" Development. The Triangle points are congested, proximity to the regional benefit from a planning approach that reduces has existing employers like Costco and Health transportation system is good (Interstate 5, its large areas into subareas that are planned Net of Oregon, adult education facilities such Highway 217 and Pacific Highway). around unique features. Some of these smaller as George Fox University and University of • Natural Features. Red Rock Creek greenspace, mixed use areas could include residential. Phoenix, and retail /services such as Winco, nearby wetlands and tree groves that could Willamette Dental and Cascade Veterinary easily be incorporated as an open space or Hospital. park. • Topography. The area steps up to the west. This v- provides views from 68th Parkway and could „ ' - � f . 1 -. - make it easier to incorporate underground k• r.. parking. V • High Capacity Transit (HCT). The Tigard Triangle 1- , " tl �' is one of seven potential station locations :. ..'`'` ,ai oPs r ; i,; within the city. This transportation alternative would provide better connections with .� r" � �, -.. ;,�,r outside areas and prompt improved (internal) pedestrian and bike connections. ' • Opportunity Sites. There are several vacant .1, , ° Y - ,`' .,'"A • , * • ' or underdeveloped areas within the Triangle -1., , • 7 4 _ available for redevelopment. ;' Undeveloped and under developed sites are opportunities. 25 App - Planning Milestones • 2005 —The city adopted a Downtown • 2010 — Tigard City Council adopted an updated Improvement Plan to create an active and Transportation System Plan that considers vibrant urban village. Changes in the downtown a comprehensive approach to improving include commuter rail service to the Tigard transportation in the Triangle including Transit Center. This provides alternative transit improvements to eliminate barriers to bicycle to Tigard and will be another mixed -use area and pedestrian traffic and increase capacity for that could complement growth in the Triangle. alternative transportation modes along with • 2009 —The city extended sanitary sewer vehicular traffic. service into the northeast quarter of the • 2010— Metro Council identified the Southwest Triangle (SW 72nd Avenue, SW 70th Avenue, Corridor connecting Portland, Tigard and SW Clinton Street and SW Baylor Street). This Sherwood as the next priority for transit residential area was previously not served with investment (see inset). sanitary sewer. • 2011 — An economic opportunities analysis • 2010 —The Pacific Highway to a Sustainable completed as part of the comprehensive plan Future document was completed that provided periodic review recommended a focus of future a better understanding of the highway economic growth and high density housing in corridor's characteristics and has been used areas such as the Tigard Triangle. as a tool to start conversations on policy and • 2011 —The Oregon Transportation Planning actions related to future development on Rule (TPR) was amended to allow exemptions Pacific Highway. and some flexibility to congestion and impact • 2010 — Tigard City Council passed a resolution mitigation requirements that had limited the supporting a submittal to Metro to amend the intensity of development. This flexibility is Tigard Town Center boundary to include the related to multimodal mixed -use areas and Tigard Triangle. The Town Center designations allows the city to modify or eliminate the would support compact, mixed -use current 0.4 floor area ratio maximum in the development and multimodal transportation Tigard Triangle. options in the Triangle. -,r, . . . . . . . . . . . . . . . . . . . . . . Appendix D = HCT • Use Plan • • • . . . . . . . .. . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ...................... The Tigard City Council accepted the Tigard High Capacity Transit Land Use Plan in August 2012. The plan analyzed concepts for each of the potential station locations in Tigard. Below is the final concept plan for the Tigard Triangle. The concept builds on existing development patterns and improves connectivity within the Triangle and to adjacent areas. STATION TYPOLOGY 78'^ "D " - _ ACTMTY COMMUNITY GETTING - '&'.; CENTER CHARACTER AROUND ' i ' Y The Tigard Triangle concept shows the The Tigard Triangle Preferred Concept This potential station community is center of intensity east of 72nd Avenue, seeks to blend smaller -scale retail, defined by some of the most highly 2 , 4 building on the existing pattern of smaller restaurants and housing to complement traveled roads in the state, which can blocks for a walkable, town center feel. the current employment center, especially create major barriers for getting into - _ - This area would have a growing mix in the northeast part of Tigard Triangle. and out of Tigard Triangle. Freeway a of retail employment and residential Increased housing options would also be crossings are expensive, so it important 7 GTIL n. activities. allowed northwest of OR 99W- Pacific that any new crossing meets multiple Highway. transportation needs. The concept " k includes a new multimodal facility crossing CONCEPT OR 217 to connect Tigard Triangle with • ., PLAN Do w _ canto n Tigard. 27 . • . • • App • E - HCT Alig . • . . . . . . . . . . . . • • .• • . . • • • • . . . • . . . . . . • • . • • • • • • . . . . . Potential Alignments Pacific Highway Alignment Metro's current HCT planning process represents An alignment option that focuses on Pacific - an opportunity to seriously consider transit- Highway would have the potential advantages oriented development (TOD) in the Southwest of utilizing the 99W corridor for right -of -way r t 1 _ * ' Corridor study area While specific alignments and following existing bus routes through the � , ' , 'S '' . , r are not known at this time, it is clear that area today. However, the potential for this �" future alignment decisions for HCT will place alignment to leverage additional development in significant emphasis on TOD potential, available the Triangle area is extremely limited, since the . development capacity, and the ability of majority of properties along this area are already ` ` ; communities to deliver the necessary regulatory developed with auto - oriented uses that are - and infrastructure elements that are supportive unlikely to change. In addition, the effectiveness . � a f of TOD. of transit operations could be constrained by traffic congestion along Pacific Highway unless a , There are a number of likely HCT alignment dedicated transitway was provided. options in the Tigard Triangle area, some of which are highlighted here. The primary -; >• _ ,• w , corridor -wide options would likely focus on `i. extending HCT along the Barbur Boulevard/ , „• -*. Pacific Highway alignment along the north side At of the district, or pulling the alignment further �` . •.." .,- - .. ,... 1 1 ..• 7 south into the district. It is likely that any of — - ,. • - X - . • ' • .k ./. 1 A. Alib., 4 the alignment options in the Tigard Triangle - -' - E ti area would want to eventually connect with Downtown Tigard and the WES terminus, both - e + located due west of the Triangle. .v " • 7 i'! • • Tigard Triangle Alignment In contrast to the Pacific Highway alignment, n $ , _ - z- there are a number of options within the W nCO Triangle area The primary opportunities for F 000S r' .. a«,tia„ these alignments would be to connect to - " • underdeveloped areas, leverage TOD opport- PETSM S 4 •�* ,: unities, and provide alignment and connection - • 4r- , , options that are removed from congestion along 99W. Alignments may enter the Triangle via , _ Barbur Boulevard to the northeast or potentially 4 P r nrket , Etali p y ow ice Le er' Haines Road /PCC Sylvania to the east. Within the , district, there is the potential for an employment - related alignment /couplet in the eastern portion a e , • ' of the district, parallel to Interstate 5, or an alignment that is focused east to west along ,- 4111110 Dartmouth and into Downtown Tigard. _ i* ,.� - r. 1 1 P I 29 SUPPLEMENTAL PACKET FOR c -3►•a (DATE OF MEETING) • 4-3 thd ( /ten S Tigard Trian e: gl The Path Forward • k ., ,-,... , __,..,.. `T igard Triangle rte.' ` �! �' «` Beaverton wasnm "'y, and ( < e 2 :1 ' ...a 6 ' ,, • ; , P - r , ` w,r I CD II Areas of Influence 3 ,, ` ' r „ ' i � "o LL jj ,� 1 it e 1 . e l A . �Q . . ' _.,,,,f d y / ( / u �� i i or =r ; �> '� i � Tigard ww,l. ce Cjo F. ,✓ _ fi Portland ckemas r ' t !� \ Coumy � Y ' Community q Alt i Y ..r.. .. . 0 • $ \-r . s ` . ' College i Lake Oswego 1 ♦ . . _ 7 4 _ ♦ • sw c.,„.s,. _t ._. Y.00.aa sl. ■ 9 j i Y i d , _ i S w w,.. I 4 y ...' � . .. W asningtnn sw !W. xe < Conointv T ,1 ., Y .. . .: r s 4._i,M ' r n' . - , 4 — '. ! d Z'�^,.17f. ?:111 . T- ?' { s � �iyY • Areal { �i J Durham - t t; • I...4 '7 k1_ � rP 6 6�°4 -m; • j * Downtown = } r s ' � : F ., u ^ 1 4ti _ • 3 � ��..A + _ ``, �` . • ;, ;Tigard w ' ,,,4 Y „ . . t .-1,-,v`.4. ' `.. • t rt . Iridustrival R" ..` , Q a i it .= , - = :_ 1 � a Lands .. ... . �;} 1 cl my Oswego/ - , ffff ppppaaaa • 7777 . ,,, - jf! ■' � V l 1 a�4 y :^ p hi _rte L _ _ �yl ' ..r.%S.C: 0 e ',. '; %.'1 : 0.., --, C, 0 . ♦s;4:::41 t r E r fi r' .�sy,l , :,. A a,".:‘ A ..e,., ,, . n -Ar m. If i ^ .. y M '' '-. SUPPLEMENTAL PA FOR (DATE OF MEETING) .4 /7 6 Key Elements of a Great Community HOUSING VIBRANT SUSTAINABILITY CONNECTIVITY LEGIBILITY EMPLOYMENT 1 ■ ,.„ , -, .,,, \ '.', • _ ? 1 ' , ... • L • - 1, 6. ....- . IT - 1 .0 , - - . ...: I ' i .,,.: ••-•'''' . : - , ■ N *',',‘: , . 7 _ - • . ALES ,__ 1 i _ . . .... ....._..... , . ..? . ,.. — - - 4,-• -"I . .... . . . i at . i '.■ : ., ' - . -70 • - - ■ . . , oo I i . -- -- ---- - 7, \ ..„_ . .., • -...„,,_ - e . — -:::- -7- 1 If • _ .. :: _t . ; . ,_ ;1; • 44 "s'grl l',' , '-. -7.. . 11 _ -.. . -- , I -" .t..': . . ... ' • , \ .,, - .-. - yrup,„... _ . • Ar -.1 t ' ' • i . • , ,,fr Arm, : I • _ ,..., -_, .." -_-- Oft ',, -......L. ' , • . - • - '' ' *. _,..... ,, -_-,-._ ,. _ . „ . • . ., \ .,...,,,,.... . . • _ ___. „..... _., ... . . ,..... . , .... , 4 , t..2. •-• ,. AA'. — • - • a••••••-• ..1 , _ a „ , ,... „.....„,,.. .. . .... • I 1 . a . ,.. ., ' ... Ilii■Ala ' 4L -- - . .. , r4i . ..--.....-.,,,,..,• .. . ,, .. 1 , * ■:' , • .. „....., _ : . - ...,,.._., ._- .•••••,.... rr sonlorrF..:. , •• - i r ' , , -... ita4 0 1 r 7 : I . • i \ • 1 7.4"....: jif 4 0 1 . , dr ii th. . 1? 1 ..., II ... — -- • m■ 4 1 ' ' t2 a - - k Lk — 15 1 . 9 r i •AL-t ell 4xt. ')•:• • • ....),.., .." • v ••••.- • A d t 1 . /e kki S --- SUPPLEMENTAL PACKET FOR S / ?i' /avl2. (DATE OF MEETING) Conditions — Big Essential Five: nivartimmiiiiiiiiiiiiiniiiiiiiiiiPr, . 44e4 , 7 1. Transportation and Connectivity - vim;. 2. HCT and Alternative .. Modes tom -; - -< �..� i - - Tr I "�' - ,... 3. Economic Feasibility ` . r .: and Market = - y,�- F 4. Financ and Funding �=� _ � � ` - = I 4' i- a 41.ittpk k 5 Implementat : ? ( " r �, �: � • `� r 9i f � Y $ 0 e,`4i R t t . k r 1 1 ` , r , * , , . t a,. ti y, no. r i r l . r 1 .. NV - c , . / , 8 i '' c r . � SUPPLEMENTAL PACKET FOR (DATE OF MEETING) ,cA 9 to r►ci o I 4e m S Work Plan Visioning and Goal Setting Tigard Triangle Framework Implementation • Engage all stakeholders. • Analyze and review. • Strategy to carry out plan. • Defines impediments. • Establish detailed set of • Funding for infrastructure. • Establishes common vision and recommendations. • Standards and zoning. project goals. • Remove barriers. SUPPLEMENTAL PACKET FOR. - ?i-,O/ (DATE OF MEETING) j e n d ‘ , . l 4 P m S p Conce tual Timeline and Deliverables 0. I ... • PROJECT SCOPE OUTCOMES • Limited Public Involvement • Minor updates to existing Economic Opportunities Analysis, • Existing Conditions Analysis Comprehensive Plan policies and Development Code • Economic Opportunities Analysis •Multi -modal Connectivity Policy • Policy and Code Review • Funding Options Review • Review Funding Options • Rely on existing Parks Master Plan N 0 . 0 N W 2 Tigard ° V 1 TRIANGLE o • '4111 2013 2014 d 0 m OUTCOMES 0 W • Tigard Triangle Vision f ~ PRE -GRANT WORK PROJECT SCOPE • Major updates to Comprehensive Plan and • Existing Conditions Analysis • Robust Public Involvement Development Code • Preliminary Policy Analysis . • Transportation Analysis • Zoning changes • Interview Stakeholders • Economic /Market /Development Opportunity Analysis • TSP Amendments • Police & Code Analysis • TSP updates • Funding Options Analysis • Multi -modal Connectivity Plan • Funding Strategy Recommendations • Parks Master Plan updates AIS -967 6. Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): 30 Minutes Agenda Title: Annexation Policy Discussion Submitted By: Susan Hartnett, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Information ISSUE Begin discussion of City Council's 2012 goal to re- evaluate the city's annexation policy and develop a philosophy and approach to annexations, including islands. STAFF RECOMMENDATION / ACTION REQUEST Review additional information and discuss city annexation policy according to the priorities set at the July 17, 2012 workshop. KEY FACTS AND INFORMATION SUMMARY At the July 17, 2012 council workshop council reviewed the Annexation Background Report and prioritized topics for the first policy discussion scheduled for August 21, 2012. Council requested more information on the legal context for island annexation, phasing in of taxes, and the development potential of property within islands. Information on these topics is attached. In addition, the city /county IGA on Coordination in Urbanizing Areas is attached for council review of the language referring to county support for island annexation. Following review of the background report, the council reviewed several topic areas and set priorities for the discussion on August 21. The order for the discussion was tentatively set as: • Annexation policy applied to extra - territorial undeveloped areas. • Annexation of island areas. • Annexation of extra - territorial urbanized areas. Potential questions and discussion areas to consider for each topic include: For the extra- territorial undeveloped areas: • Are the incentives in the current policy working? Are they relevant to these property owners? • Are there incentives that could be added? • Are there things to do as a "city" to invite or entice these property owners to consider annexations? • How might the philosophy and approach for annexation of these areas affect the timely completion of the River Terrace planning? For the islands areas: • Is a separate philosophy and approach for island annexation, as distinguished from extra - territorial annexations, needed? • If so, what would the key components of that philosophy and approach include? • Are there special processes or incentives worth exploring? For the extra - territorial urbanized areas: • Are the incentives in the current policy working? Are they relevant to these property owners? • Are there incentives that could be added? • Are there things to do as a "city" to invite or entice these property owners to consider annexations? • Are there special issues related to these areas that need to be explored /resolved before setting the philosophy and approach? Summary of attachments: Attachment 1 - Legal Context for Island Annexation: The city attorney has provided a memo in response to two questions posed by council. The question and short answers are provided below. Question 1: Can a City annex less than all of an island, without meeting statutory consent requirements? Short Answer: No, in order to annex an island without meeting statutory consent requirements, the City must annex the entirety of the territory that comprises an island. Question 2: Subsequent to annexing territory, can the City defer imposition of City taxes on such territory? Short Answer 2: Yes, a city may effectively delay imposition of city taxes by approving an annexation with a delayed effective date. Attachment 2 - Phasing in of Taxes: The attached memo and spreadsheet outlines the difference in tax revenues for Areas 63, 64 and Roy Rogers West if the three year phase in of property taxes begins following annexation versus beginning after completion of the River Terrace Community Plan. Attachment 3 - Development Potential of Property Within Islands: The Annexation Background Report included Table 3, Unincorporated Island Area Profiles, which provided a basic estimate of development potential for each of the identified islands based on the number of units per gross acre after deducting 20% for right of way. Council requested a refined estimate to better understand the actual development potential of island properties. In addition, council questioned whether differences between county and city density computations could result in differences in development potential. The revised estimate of lot potential in the attached Table 3a shows that development potential in the city is equal to or greater than the county, but is highly dependent on the specifics of the site. Attachment 4 - City/County IGA (Coordination in Urbanizing Areas and Transfer of County Road Ownership Intergovernmental Agreement): The IGA approved by council in March of 2012 is included for council review of language referring to island annexation and the county's support for that effort. On page 3, in Article 2: Annexation, #7, the agreement reads "Timeframe for City consideration of annexations. City agrees to begin annexation of unincorporated islands within its boundaries." OTHER ALTERNATIVES NA COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2012 Council Goal 4. Annexations a. Re- evaluate the city's annexation policy. b. Develop a philosophy and approach to consider annexation, including islands. DATES OF PREVIOUS COUNCIL CONSIDERATION Tigard's current annexation policy has been reviewed annually beginning in January 17, 2006. This included establishment and subsequent review of incentive measures during the period 2007 through 2012. During the last several years, Council has, on occasion, discussed whether or not the City should make an effort to annex unincorporated islands. An Annexation Background Report was reviewed on July 17, 2012. • Attachments Attachment 1 - Memo from City Attorney Attachment 2 - Memo on Tax Phase -in Attachment 3 - Memo on Island Development Potential Attachment 4 - City /County IGA JORDAN RAM I S PC ATTORNEYS AT LAW Two Centerpointe Dr 6th Fl Phone: (503) 598 -7070 Lake Oswego OR 97035 Toll Free: (888) 598 -7070 www.jordanramis.com Fax: (503) 598 -7373 LEGAL MEMORANDUM TO: Susan Hartnett, Gary Pagenstecher FROM: Damien Hall DATE: July 7, 2012 RE: Annexation Policy — Legal Issue re: Island Annexation and Tax Deferral File No. 50014 -36794 This memorandum provides responses to inquiries from Council having to do with island annexation and property tax rebates for newly annexed territory. Question 1: Can a City annex less than all of an island, without meeting statutory consent requirements? Short Answer: No, in order to annex an island without meeting statutory consent requirements, the City must annex the entirety of the territory that comprises an island. Discussion: ORS 222.750 authorizes island annexation without consent of the owners. An island is created "when territory not within a city is surrounded by the corporate boundaries of the city." ORS 222.750(3). This authorization has been interpreted by the Oregon Supreme Court to only apply to the entirety of the territory that is surrounded by city boundaries. Costco Wholesale Corp. v. City of Beaverton, 343 Or. 18, 24 -25, 161 P.3d 926 (2007). In other words, the area annexed without consent must be completely and contiguously encircled by the boundaries of a city. Therefore, a city must meet statutory consent requirements such as double or triple majority consent prior to annexing part of an island, but may annex the entirety of an island without property owner consent. Question 2: Subsequent to annexing territory, can the City defer imposition of City taxes on such territory? Short Answer 2: Yes, a city may effectively delay imposition of city taxes by approving an annexation with a delayed effective date. Discussion 2: ORS 222.111(3) authorizes cities to establish a rebate on property taxes for newly annexed areas, for no more than ten (10) years immediately after the annexation is effective. Therefore, if a city were to offer even a full rebate, it could only do so for up to 10 years after annexation. However, cities are also authorized to specify a delayed effective date for annexation. Typically, when a city adopts a resolution to annex certain territory, it begins an administrative process that culminates in a filing with the Secretary of State, at which point the annexation is effective. ORS 222.180(1). However, cities are authorized to delay the effective date beyond filing with the Secretary of State, so long as the effective date is no longer than ten (10) years after the adoption of the annexation. ORS 222.180(2). Prior to the effective date of the annexation, the territory would remain outside of the city and therefore not be subject to city taxes until the effective date. After the effective date, a city can provide for rebated property taxes for up to ten (10) years. " City of Tigard TIGARD Memorandum ® I To: Mayor Dirksen and Members of the City Council From: Gary Pagenstecher, Associate Planner Re: Development Potential for Islands Date: August 7, 2012 Introduction At the July 17, 2012 council workshop on annexation policy, council reviewed the Annexation Background Report and prioritized topics for the first policy discussion scheduled for August 21, 2012. Council also requested more information on the legal context for island annexation, phasing in of taxes, and the development potential of property within islands. This memo provides an analysis of the development potential of property within Tigard's islands of unincorporated territory. Development Potential for Islands of Unincorporated Territory The Annexation Background Report included Table 3, Unincorporated Island Area Profiles, which provided a basic estimate of development potential for each of the identified islands based on the number of units per gross acre after deducting 20% for right of way dedication. Council requested a refined estimate to better understand the actual development potential of island properties. In addition, council questioned whether differences between county and city density computations could result in differences in development potential. To refine the estimated number of units per island area, staff deducted sensitive lands from gross acres using the city's GIS and 20% of the remainder for public right of way to establish the net development area per the computations section of the Tigard Development Code. The city's density computation methodology then divides the net development area by the minimum lot size for the zone to determine the density. For example, for a one acre net in the R -7 zone, 43,560 sf /5,000 sf /lot = 8.71 or 8 lots (code does not allow rounding up). The county determines net development area similarly but can be highly variable depending on site circumstance. The county then simply multiplies the net development area by the lots per acre for the zone to determine density. For example, for a one acre net in the R -6 zone (the equivalent zone to the city's R -7 zone), one acre x 6 lots /acre = 6 lots (rounding up is Page 1 allowed where a density calculation results in a fraction greater than .5). All things being equal, the county zone is a less dense zone and provides fewer lots per development area. A comparison of the two methodologies with respect to the island areas indicates that development potential can be similar for properties encumbered by sensitive lands. On the one hand, in the city, slopes of 25% or greater are deducted and in the county slopes of 20% or greater are deducted, resulting in a larger net development area in the county. On the other hand, in the city, density transfers for sensitive lands portions of the development site are allowed up to 125% of the density allowed in the zone; in the county up to 200% density transfer is allowed, increasing the density in the county. In the Fern Street islands area where steep slopes and other sensitive lands are common, these two elements work to narrow the difference in development potential (see Note [2], Table 3a, below). Given the differences in methodology and circumstances of the islands, it is difficult to estimate lot potential with any certainty without a specific development plan. Furthermore, the lower density of the county's R -6 zone is made up for by the greater density bonus allowed by the county when significant natural resources are present. Rounding up, allowed by the county methodology, reduces the density difference when the development site is small. The zone conversions in Table 18.320.1 accounted for the largest difference in development potential. The estimate of lot potential shown in Table 3a below shows that development potential in the city is equal to or greater than in the county and is highly dependent on the specifics of the site. Page 2 BROCKMAN GREENWAy � ' Map D: Existing � '``." ` Unincorporated Islands ,, i gi City of Tigard �'I � , D Ds ^ — R W ..-.1_. ' 4w lon I B, 201'_ CC� c ''-- - „/ ,,,,,, ,, / i ., sA'TMOUTM/!: 2 v ,„ 6 • Ia. GAARDE MODONALD It T plow or tt BULL MOUNTAIN ■ 3 1 BONITA r :ONITA , g ) f . -_ -, • DURHAM • "C'i BEEF BEND I ' .' �� / � _ Exalting Islands 6 Jew 1 i Tigard CAy Boundary - : ri Z I — is 1 , Urban Growth Boundary ( b �o ��a 1 i .? : / J - Table 3a Unincorporated Island Area Profiles Lot Potential (1J Map # Island Area # Isles # Acres # Lots WC /City Zone WC/City 1 Arlington Heights 1 15.34 54 R -6/R -7 Developed 2 Fern Street 5 13.61 12 R -6/R -7 70/76 [2] 3 Bull Mountain North 3 10.87 8 R -6/R -7 51/74 4 Sunrise Lane 2 1.06 2 R -6/R -7 6/8 5 7505 Landau Street 1 .59 1 R- 5/R -4.5 3/3 6 16720 108 Drive 1 .98 1 R- 5/R -4.5 2/2 7 8540 Spruce Street 1 .33 1 R- 15/R -25 3/6 [3] [1] Estimated Lot Potential for city: (# gross acres — sensitive lands — 20% streets = net development area /minimum lot size for zone = # lots). Estimated lot potential for county: (# gross acres — sensitive lands — 20% streets = net development acres x lots /acre = # lots). [2] Residential Density Transfer for sensitive lands portion of a site is 125% in city vs. 200% in the county, increasing density in the county despite the lower density county zone. [3] Difference results from conversion Table 18.320.1: R -15 county to R -25 city. Page 3 I City of Tigard TIGARD MEMORANDUM TO: Tigard City Council FROM: Cheryl Caines, Associate Planner RE: River Terrace Tax Revenues DATE: August 2, 2012 Attached please find a spreadsheet that outlines the difference in tax revenues for Areas 63, 64 and Roy Rogers West if taxes are phased in over three years following annexation versus the three years following the completion of the River Terrace Community Plan. The tables are broken down by area (Area 64 and Area 63 /Roy Rogers West). The total estimated uncollected revenue is shown in the gray shaded box on the right side of the spreadsheet. The methodology and assumptions used were discussed with Assistant Finance Director, Debbie Smith - Wagar, and she indicated they are reasonable. When calculating the numbers, the following assumptions were used: 1) Assessed value will increase by the maximum allowed (3 %). These increases were applied to all properties, including those in farm deferral. 2) 2011 -2012 assessed values are $8,238,500 and $13,010,490 for areas 64 and 63 /RR West respectively. Increases were calculated using these values. 3) An annual Tigard tax rate of 2.5131 per $1,000 of tax assessed value. This is the current tax rate that remains constant throughout the analysis. 4) Area 64 was annexed in September 2011. The first year of tax phase -in is 2012 -2013; which begins July 1, 2012. 5) The annexation of Area 63 /RRW will be final in January 2013. The first year of the phase -in will be 2013 -2014 under the current resolution. 6) Completion of the River Terrace Community Plan (RTCP) will be before June 30, 2014, which means the first year of tax phase -in will be 2014 -2015; which begins July 1, 2014. 7) Taxes for Area 64 must be collected for tax year 2012 -2013 because the date to amend tax information with Washington County was July 15, 2012. The second year phase in will be delayed until after the RTCP. cc: Marty Wine, City Manager Susan Hartnett, Interim CD Director Debbie Smith - Wagar, Asst. Finance Director River Terrrace Potential Uncollected Tax Revenue Area 64 July 2012 - July 2013 - July 2014 - July 2015 - July 2016 - July 2017 - June 2013 June 2014 June 2015 June 2016 July 2017 June 2018 Assessed Value 8,485,655 8,740,225 9,002,431 9,272,504 9,550,679 9,837,200 Tax 21,325 21,965 22,624 23,303 24,002 24,722 Current Phase -in 7,037 14,643 22,624 _ 23,303 24,002 24,722 Phase -in After RTCP 7,037 0 15,082 23,303 24,002 24,722 Difference 0 14,643 7,542 0 0 0 Area 63 & RR July 2012 - July 2013 - July 2014 - July 2015 - July 2016 - July 2017 - West June 2013 June 2014 June 2015 June 2016 July 2017 June 2018 Assessed Value 13,400,805 13,802,829 14,216,914 14,643,421 15,082,724 15,535,206 Tax 33,678 34,688 35,729 36,800 37,904 39,042 Current Phase -in 0 11,447 23,819 36,800 37,904 39,042 Phase -in After RTCP 0 0 11,790 12,144 25,269 39,042 Difference 0 11,447 23,819 24,656 12,635 0 Total Difference 0 26,090 31,361 24,656 12,635 0 Phase -in years are shown in blue. Uncollected Revenue $ 94,742.00 City of Tigard TIGARD Memorandum To: Mayor Dirksen and Members of the City Council From: Gary Pagenstecher, Associate Planner Re: Development Potential for Islands Date: August 7, 2012 Introduction At the July 17, 2012 council workshop on annexation policy, council reviewed the Annexation Background Report and prioritized topics for the first policy discussion scheduled for August 21, 2012. Council also requested more information on the legal context for island annexation, phasing in of taxes, and the development potential of property within islands. This memo provides an analysis of the development potential of property within Tigard's islands of unincorporated territory. Development Potential for Islands of Unincorporated Territory The Annexation Background Report included Table 3, Unincorporated Island Area Profiles, which provided a basic estimate of development potential for each of the identified islands based on the number of units per gross acre after deducting 20% for right of way dedication. Council requested a refined estimate to better understand the actual development potential of island properties. In addition, council questioned whether differences between county and city density computations could result in differences in development potential. To refine the estimated number of units per island area, staff deducted sensitive lands from gross acres using the city's GIS and 20% of the remainder for public right of way to establish the net development area per the computations section of the Tigard Development Code. The city's density computation methodology then divides the net development area by the minimum lot size for the zone to determine the density. For example, for a one acre net in the R -7 zone, 43,560 sf /5,000 sf /lot = 8.71 or 8 lots (code does not allow rounding up). The county determines net development area similarly but can be highly variable depending on site circumstance. The county then simply multiplies the net development area by the lots per acre for the zone to determine density. For example, for a one acre net in the R -6 zone (the equivalent zone to the city's R -7 zone), one acre x 6 lots /acre = 6 lots (rounding up is Page 1 allowed where a density calculation results in a fraction greater than .5). All things being equal, the county zone is a less dense zone and provides fewer lots per development area. A comparison of the two methodologies with respect to the island areas indicates that development potential can be similar for properties encumbered by sensitive lands. On the one hand, in the city, slopes of 25% or greater are deducted and in the county slopes of 20% or greater are deducted, resulting in a larger net development area in the county. On the other hand, in the city, density transfers for sensitive lands portions of the development site are allowed up to 125% of the density allowed in the zone; in the county up to 200% density transfer is allowed, increasing the density in the county. In the Fern Street islands area where steep slopes and other sensitive lands are common, these two elements work to narrow the difference in development potential (see Note [2], Table 3a, below). Given the differences in methodology and circumstances of the islands, it is difficult to estimate lot potential with any certainty without a specific development plan. Furthermore, the lower density of the county's R -6 zone is made up for by the greater density bonus allowed by the county when significant natural resources are present. Rounding up, allowed by the county methodology, reduces the density difference when the development site is small. The zone conversions in Table 18.320.1 accounted for the largest difference in development potential. The estimate of lot potential shown in Table 3a below shows that development potential in the city is equal to or greater than in the county and is highly dependent on the specifics of the site. Page 2 l' I /II h. r J Map D: Existing —1 BROCKMAN CP.cENVJAV ti Unincorporated Islands i r City of Tigard = � 111 - --. 4 tip 5 ob , 2 ,, lunc 18, 2012 ,y I SONO�� _ I I / ppG \Y \, O RTMOUTN,, ; ; 2 T.i. ,Jy,INUT __ • Ill 4,y,„,,„,,,,, Ilio • q i . i C it _ GMRDE NI' MOOONALD I • R BULL MOUNTAIN • 3 1 I BONITA -� \ -- DURHAM . p01- 1 \ _ BEER BEND . -.r'.f - / �y . �J /J 1 G opt � — Existing Islands /'"7 1 - FT Tigard City Boundary -Lr ffYY Al i ■ Urban Growth Boundary I∎ _5 -3 L I G � pO a 1 / I L- _ Table 3a Unincorporated Island Area Profiles Lot Potential [1] Map # Island Area # Isles # Acres # Lots WC /City Zone WC /City 1 Arlington Heights 1 15.34 54 R -6/R -7 Developed 2 Fern Street 5 13.61 12 R -6/R -7 70/76 [2] 3 Bull Mountain North 3 10.87 8 R -6/R -7 51/74 4 Sunrise Lane 2 1.06 2 R -6/R -7 6/8 5 7505 Landau Street 1 .59 1 R- 5/R -4.5 3/3 6 16720 108 Drive 1 .98 1 R- 5/R -4.5 2/2 7 8540 Spruce Street 1 .33 1 R- 15/R -25 3/6 [3] [1] Estimated Lot Potential for city: (# gross acres — sensitive lands — 20% streets = net development area /minimum lot size for zone = # lots). Estimated lot potential for county: (# gross acres — sensitive lands — 20% streets = net development acres x lots /acre = # lots). [2] Residential Density Transfer for sensitive lands portion of a site is 125% in city vs. 200% in the county, increasing density in the county despite the lower density county zone. [3] Difference results from conversion Table 18.320.1: R -15 county to R -25 city. Page 3 C.c a -03 INTERGOVERNMENTAL AGREEMENT Coordination in Urbanizing Areas and Transfer of County Road Ownership BETWEEN: City of Tigard, an Oregon Municipal Corporation ( "City ") AND: Washington County, a Political Subdivision of the State of Oregon ( "County") DATED: (.I (_ 2)-1 , 2012 RECITALS A. In 2002, Metro brought the West Bull Mountain Area, consisting of approximately 500 acres of land, within the Urban Growth Boundary ( "UGB "). B. In 2003, City, County, Clean Water Services, and other providers of urban services, entered into an agreement called the Tigard Urban Service Agreement ( "TUSA ") that designated City as appropriate provider of services in the Tigard urban service area, except for those services that are to be provided by other agencies as further set forth in the TUSA. C. On November 23, 2010, County adopted the West Bull Mountain Concept Plan Resolution and Order that established general land use strategies for how the West Bull Mountain Area should become a future urban community. Two areas of the West Bull Mountain Concept Plan are known as Area 63 and Area 64/River Terrace. Metro brought these areas inside the UGB in 2002. A third component of the West Bull Mountain Concept Plan is known as the "Rural Element," which was not brought inside the UGB in 2002. These premises are illustrated on the map attached to this IGA as Exhibit A. D. On September 30, 2011, the City annexed Area 64/River Terrace. The area annexed to the City of Tigard is illustrated on the map attached to this IGA as Exhibit B. E. On October 20, 2011, Metro brought approximately 49 acres within the UGB, which will be referred to for the purposes of this Agreement as the Roy Rogers West Area. The Roy Rogers West Area is a portion of the Rural Element. F. The City has also been formally approached by property owners in Area 63 and Roy Rogers West who are interested in annexing to Tigard. G. Area 63, Area 64/River Terrace, and Roy Rogers West are currently within the UGB. These premises are illustrated on the map attached to this IGA as Exhibit C, and shall be referred to collectively as the Community Planning Area. H. The City will refine the County's West Bull Mountain Concept Plan and provide a detailed land use, public infrastructure, governance, and financial planning framework for urban development of the concept planned area. The refinement shall be referred to as the Community Plan. Agreement page 1 I. City is the expected urban service provider to territory of the West Bull Mountain Area already within the UGB, Roy Rogers West, and the balance of the Rural Element that remains outside of the UGB. It is important to City and County that: 1) planning be completed to implement Metro's decision that River Terrace, Area 63, and Roy Rogers West, become functioning urban areas within the UGB; and 2) City and Council cooperate to support future annexation to the City of Area 63 and Roy Rogers West; 3) City and County further cooperate with Metro to bring the balance of the Rural Element inside the UGB; and 4) Roy Rogers West, Area 63, and River Terrace are included in the Community Plan for land use in the area. J. City and County find it mutually beneficial to continue finding agreement on rights and obligations in the Tigard Urban Service Area. K. City and County believe this IGA furthers effective governance, economy of scale, and furthers the policies of Metro Functional Plan Title 11, in that: 1) A single jurisdiction —the City of Tigard —will bear responsibility for creating a Community Plan for Area 63, River Terrace, and Roy Rogers West; and 2) One effort to produce a Community Plan governing the Community Planning Area may create more clear policy direction for the public; may prevent unnecessarily repetitive land use planning; and may promote quantity discounts for concurrently planning for streets and utility facilities in all three areas involved. L. City and County find that there needs to be a funding mechanism for construction of roadways and transportation in the Community Planning Area, and both parties find it to be mutually beneficial to work together to develop a financing strategy for the development of a multi -modal transportation system in the Community Planning Area. M. City and County agree that City ownership of roads within the City furthers effective maintenance, repair, and management of the City and County transportation systems, and provides increased efficiencies for provision of urban services within the City and County. N. City and County agree that City ownership of roads within the City provides long term clarity and certainty as to the respective obligations of the two governments for street maintenance and repair. AGREEMENT NOW, THEREFORE, the parties mutually agree as follows: Article 1: Land use planning and development 1. Delegation of planning and development authority. Agreement page 2 1.1 The County agrees to assign and City agrees to accept responsibility to prepare a Community Plan to encompass the Community Planning Area. Such assignment shall occur by execution of separate assignment agreement attached hereto as Exhibit D. Upon such assignment, Tigard will be obligated to prepare the Community Plan for River Terrace as a component of the Tigard Comprehensive Plan. 1.2 City intends to concurrently plan for the Community Planning Area irrespective of whether Area 63 and Roy Rogers West are annexed by the City and despite the balance of the Rural Element not being included within the UGB in 2011. 1.3. Administration of County land use plan and zoning code. County will administer the County land use plan and regulations, with the exception of applications for zone or comprehensive plan changes, in River Terrace and any other territory within the Community Planning Area that may be annexed to City, until the effective date of the ordinance passed by City Council adopting the Community Plan and supporting zoning code for the Community Planning Area. 1.4. Development authority. County agrees that, prior to the effective date of all ordinances passed by City Council to adopt the Community Plan and supporting zoning code for the Community Planning Area, it will refer to City any development applications, and will not approve any urban-level development in this territory. The City shall have sole authority to decide applications for zone or comprehensive plan changes as described in section 1.3 above. 2. Binding effect of Community Plan. The parties intend for the Community Plan to be submitted to Metro for that agency's review under Title 11. The County agrees to accept the Plan and not pursue inconsistent regulations once it is submitted to Metro for this purpose. 3. Financial support for creating the Community Plan. County agrees it will fund a share of the land use planning cost required to produce the Community Plan, in cash equivalent or staff resources and in -kind services such as special analysis and transportation modeling as required by the City in support of the project and mutually agreed upon by City and County. All County resources made available to the City under this Section will continue until the date City Council approves the Community Plan. 4. Continued support for MSTIP work. Through the MSTIP process, County will work with City to identify projects that the City can submit to the Washington County Coordinating Committee to implement the Community Plan and mitigate its impacts on the roadway system. Article 2: Annexation 5. Area 63 and Roy Rogers West annexation. County supports and consents to City annexation of Area 63 and Roy Rogers West as shown on Exhibit C including lands and rights -of -way under County control or ownership. 6. UGB amendments. County and City support future action by Metro to bring the entirety of the Rural Element within the UGB. 7. Timeframe for City consideration of annexations. City agrees to begin annexation of unincorporated islands within its boundaries. Agreement page 3 Article 3: Services 8. TUSA updates. County agrees to convene government representatives for the purpose of amending the TUSA to recognize City as the logical provider of urban services to Area 63, River Terrace, and the Rural Element. 9. Providers of urban services. The parties continue to acknowledge their agreement that agencies providing services to the Tigard urban services area consist of those agencies listed in Sections A through G of the TUSA. The parties further agree that County will not create any new special service areas or enhanced service districts within the boundaries of Tigard's urban service area. 10. Prior to urban development of the Community Planning Area, and as part of the plan development, the City will work with the County to develop a financing strategy that assures an adequate level of arterial and collector roads over a 30 year time frame. Development and implementation of this strategy may require the establishment of new or supplemental funding components. Article 4: Roadways 11. The City agrees to assume the entirety of the County's ownership interest in the portions of the following roads that are within Tigard's jurisdictional boundaries as soon as the parties adopt this Agreement, described as follows and attached hereto as Exhibit E. 11.1 The southeastern half of Barrows Road from Scholls Ferry to Springbrook (item D on map). 11.2 113th Avenue from Durham Road to the current city limits (item E on map). 11.3 Bull Mountain Road from Highway 99W to east of 14025 SW Bull Mountain Road (item C on map). 11.4 Friendly Lane from Roy Rogers Road east to its terminus (item A on map). 11.5 Roshak Road from Roy Rogers Road east to its terminus (item B on map). 12. The City's obligation to take ownership of the above listed roads is contingent on receipt of payment in cash from the County in an amount equal to or greater than the estimated total cost to the City to improve all portions of each of the above mentioned roads that are below Pavement Condition Index ( "PCI ") 67, to PCI 67. Article 5: Administration of this Agreement 13. Term. This agreement shall become effective upon full execution of the parties and remain in effect until it is retired or superseded. 14. Amendment. This Agreement may be changed by written agreement of the parties. Agreement page 4 15. Dispute resolution. Disputes over the administration or interpretation of this agreement shall be handled under the dispute resolution model provided in Article IX of the Tigard Urban Service Agreement. CITY OF TIGARD, an Oregon Municipal WASHINGTON COUNTY, a Political Corporation Subdivision of the State of Oregon t 1 11 - 13' . By: Name: ki 0 ( 41A a L. VV/ 1/1 Name: Andy Duyck , . Its: L (&') Mavol.e--r Its: Chairman Board of tommissio,,e1_, Signature Signature APPRovr,r) W. c!)f -ir, FON COI.; IN 1 .. RoARr; OF L i•AM ISSIONER:. MINUTE ORM:T. f- j a_ - 99 DATE IP( ijitt..b ::„ • - . - 1c. A *A.:1_t! Agreement page 5 �,�'�� %,',���� ���1 i � � 11 :f Exhibit A l eauerto.n.._ _,,,,,■ - - S 'F- e -t - t - ' River Terrace Vicinity -- .—, /iii /1 � �.uu n" _ or rd .' _____ 1 7-:( .1 Falo 1! 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Concept Plan --------1__ - - - - - i 11111_ :i. -- — ; 111 =;`� )_____ (^] Rural Element : i • ii• email �IUu � �� iI ((8 eef B e n d .- rrrr�w , d 0 r r rC A li Mil - s illiall Exhibit D ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES UNDER CONSTRUCTION EXCISE TAX GRANT INTERGOVERNMENTAL AGREEMENT From: Washington County, Oregon To: City of Tigard, Oregon WHEREAS, Metro and Washington County (County) have entered into an IGA entitled, Construction Excise Tax Grant Intergovernmental Agreement (Agreement), and County and the City of Tigard wish to enter into this Assignment of Rights and Delegations (Assignment) under the Agreement; and WHEREAS, under the Agreement, Metro grants excise tax funds to Washington County to reimburse the County for the cost of local comprehensive land use planning efforts required for territory that is brought into the Urban Growth Boundary (UGB); and WHEREAS, Exhibit A to the Agreement grants excise tax funds to Washington County to reimburse the County for land use planning costs incurred in the West Bull Mountain area, which is a territory of approximately 500 acres that Metro brought into the UGB in 2002 with the support of Metro, City of Tigard (City), and Washington County; and WHEREAS, In 2003, City, County, Clean Water Services, and other providers of urban services, entered into an agreement called the Tigard Urban Service Agreement ( "TUSA ") that designated City as appropriate provider of services in the Tigard urban service area, except for those services that are to be provided by other agencies as further set forth in the TUSA; and WHEREAS, On November 23, 2010, County adopted the West Bull Mountain Concept Plan Resolution and Order (Concept Plan) that established general land use strategies for how the West Bull Mountain Area should become a future urban community. Two areas of the West Bull Mountain Concept Plan are known as Area 63 and Area 64/River Terrace, which were already inside the UGB. A third component of the West Bull Mountain Concept Plan is known as the "Rural Element," which is not at present inside the UGB except for a subarea of about 50 acres referred to herein as Roy Rogers West, which Metro brought into the UGB on October 11, 2011. These premises are illustrated on the map attached to this Assignment as Exhibit A; and WHEREAS, There is a need to refine the Concept Plan to provide detailed land use, public infrastructure, governance, and financial planning policies to guide urban development of the concept planned area; and WHEREAS, For purposes of the Agreement and this Assignment, the refinement of the Concept Plan will be known as the Community Plan. City and County (collectively "Parties ") intend to ask Metro to approve the Community Plan and coordinate approval with the Department of Land Conservation and Development as consistent with the Statewide Planning Goals in the affected territory; and WHEREAS, under the Agreement, Washington County currently must create the Community Plan for the West Bull Mountain area; and Page 1 — Assignment 50014 -36804 Exhibit D - assign ofrtghts under CET docxl7RN1/ &1011 Exhibit D WHEREAS, a formal assignment is necessary for City to satisfy County's planning tasks under the Agreement; NOW, THEREFORE, the Parties agree to the following: 1. Assignment from County to City: County assigns to City, and City accepts, the task to study and adapt the Concept Plan to become a Community Plan for River Terrace, Area 63, Roy Rogers West, and the balance of the Rural Element that satisfies County's obligation to supply a deliverable Plan under Exhibit A of the Agreement. This assignment is subject to the following conditions subsequent: a. County will provide staff resources and services in support of the project as follows: i. Collaborate with City staff to refine the West Bull Mountain Concept Plan into the river Terrace Community Plan. This will involve providing review and comment of refined land use designations, natural resource areas and implementing code standards. It is anticipated the County's involvement in the land use /natural resource refinement phase shall not involve more than 150 staff hours. ii. Collaborate with City staff to refine the West Bull Mountain Transportation Plan. The transportation element will be limited to 200 hours of County staff time to 1) test the performance of the proposed local street system; 2) propose solutions to any deficiencies in the local street system; 3) identify proportional impacts of River Terrace development on the arterial and collector road system particularly in Tigard and on Highway 99W; 4) work with the City to propose funding mechanisms to address these impacts. iii. Participate on a City Technical Advisory Committee to assist in development of the Community Plan. iv. Provide information to the City pertaining to its citizen engagement effort for the west Bull Mountain Community Plan to assist citizen information and involvement for the Community Plan. b. Metro agrees to pay City under this Assignment document; and c. County will grant City access to studies, correspondence, professional reports, exhibits, and all other documents that comprise the file of materials developed in connection with County's creation of the Concept Plan. 2. Assignment of right to grant money: County assigns to City, and City accepts, the right to claim the remaining grant money under the Agreement, which sum is estimated at approximately $134,000. Metro has acknowledged that the County will assign its rights to this grant money to the City pursuant to this agreement as demonstrated in Attachment "A ". 3. Effect of County nonperformance: County's failure to supply the document access and in -kind services described in Section 1 does not: Page 2 — Assignment 50014 -36804 Exhibit D - assign of rights underCET.docxlTRN /3/8/10/2 Exhibit D a. Invalidate City's right to submit Deliverables to Metro and claim the remaining grant money; or b. Create in City a right to claim money damages against County on any legal or equitable theory. 4. Administration of this Assignment document: a. This Assignment becomes effective upon execution by both parties and remains in effect until it is cancelled by mutual agreement of the Parties, or the grant money has been fully claimed and received by City. b. This Agreement may be amended by the Parties' written agreement. 5. This Agreement may be terminated, with cause at any time if the City fails to perform any of the other provisions of this Agreement as determined by Metro, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from the County, fails to correct such failures within sixty (60) days or other such period as the County may authorize. 6. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 7. Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. 8. Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 9. This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefore. 10. Each party is an independent contractor with regard to each other party(s) and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. Page 3 — Assignment 5001 4 -36804 Exhibit D - assign of rights under CET.docxiTRN /38/1012 Exhibit D 11. No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. 12. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. CITY OF TIGARD, an Oregon Municipal WASHINGTON COUNTY, a Political Corporation Subdivision of the State of Oregon By: By: Name: Name: Its: Its: Signature Signature Page 4 — Assignment 500 14 -36804 Exhibit D- assign of rights underCET.docxlTRN /3//10/1 A, Friendly Lane P x • s � � �y.rscrr� . � �Q Barrows Road (Eastern Half) . ~ , -'' �� r `t ai.. ; AI ? tl � .. Irl: ' IIII ., 1110 411 o� \. is •! II �� 1a�/1 mm �' /10g1► t ic ---- I 4 S IMII��in■ ■/f �� 0 Roshak Road ' �' m'� 0113th Avenue !I /1 /U� / Milt S• • �.r" W. 1111111111 1111 : N C ^ , ' G�i IM .1_1111111 effi mum. 14.2B ..= 1 e . A 11111 B Ti :C ni IV " 1!! I :li 1 r• , .. . 111 !a 1 n•,. re :111111111; sit** a Ia ,1 . t � +i W Prglit . m a _ • ! � al sp., W.)INIMINEE AP API Illr soo ,.000 Illr,A4.41,14 tits a 9/01 r ii■i rl �� rri 4I p��p��� +�Urrr � �� i �a�a�'. ■�ll JI�■t /�� w !Q 000 _.rr . /Al � , ■�ia�3�:�fIII • Bull Mountain Road , L • i �p AN DTAV m , / ±alurf. a;`5r.1111 ..IU/ C�C - ..-..A i ��ol �■� vim ,� / �` ,Ill: , { .�'Fa ■ �r �� ' F. O x IRO MIN IlktIvitA • .1' fa.. ..,....'. mow rim ....I kAtioiNAtt, ii itrz - givalgiq m /MB a i ii IV I CT Cu �NI •IP • • _' ii -tir In��nl {ub ■LJI n11111� !� ���� , 1 _■ f /�/0 *- 4 : : � I II I ■�J• %�.�_ DRAFT CONSTRUCTION EXCISE TAX GRANT INTERGOVERNMENTAL AGREEMENT Metro — Washington County West Bull Mountain Project This Construction Excise Tax Grant Intergovernmental Agreement ( "CET Grant IGA ") is effective on the last date of signature below, and is by and between Metro, a metropolitan service district organized under the laws of the state of Oregon and the Metro Charter, located at 600 Northeast Grand Avenue, Portland, OR, 97232 -2736 ( "Metro "), and Washington County ( "County "), located at 155 N. First Ave., Hillsboro, OR 97124, collectively referred to as "Parties." WHEREAS, Metro has established a Construction Excise Tax ( "CET ") which imposes an excise tax throughout the Metro regional jurisdiction to fund local comprehensive planning needs associated with new inclusions into the urban growth boundary ( "UGB ") between 2002 and 2005; WHEREAS, the CET is collected by local jurisdictions when issuing building permits, and the CET collected is remitted to Metro by the local collecting jurisdictions via Construction Excise Tax Intergovernmental Agreements to Collect and Remit Tax ( "CET Collection IGAs ") entered into separately between Metro and the local collecting jurisdictions; WHEREAS, in creating the purpose and amount of the CET, Metro worked with local jurisdictions, and received their estimates as to the total dollar amounts needed by the local jurisdictions to fund their local comprehensive planning needs associated with new inclusions into the UGB between 2002 and 2005; WHEREAS, the CET will expire when the total amount of CET collected by all jurisdictions and remitted to Metro is $6.3 million dollars, which is estimated to take approximately three years; and WHEREAS, Metro will distribute 100% of the CET expected to be remitted to Metro as grants to Local jurisdictions, based on CET Grant Requests submitted by local jurisdictions that set forth their expected completion of certain milestones associated with Title 11 of Metro Code Chapter 3.07, the Urban Growth Management Functional Plan; and WHEREAS, as part of the CET process Metro has met with all of the applicable local jurisdictions regarding their local comprehensive planning funding needs associated with new inclusions into the urban growth boundary between 2002 and 2005, and the total estimates recently provided by the local jurisdictions greatly exceed the total estimates upon which the CET was based; and WHEREAS, the CET Administrative Rules set forth certain eligible expenses for CET Grant consideration, and the rules also provide that if the total Grant Requests from participating local governments exceed the total CET expected revenues, Metro shall first consider awarding funds for eligible direct costs, which will have priority for funding over indirect costs; and WHEREAS, County has submitted a CET Grant Request to Metro, and the parties wish to set forth the funding amounts, timing, and procedures for receiving reimbursement from the CET fund for County's planning expenditures. NOW THEREFORE, the Parties hereto agree as follows: 1. Reimbursement by Metro. Metro shall reimburse County for approved eligible expenses, associated with County's completion of those planning milestones, in the amounts and at the times, as set forth in Exhibit A attached hereto and incorporated herein. Payments shall be in accordance with the "payment Page 1 — CET GRANT IGA 10.05.07. B M_C ETgrantIGA. doc DRAFT procedures" set forth below. 2. County Responsibilities. County agrees that it shall take all actions in a timely and diligent manner that are required or necessary to complete and fulfill the milestones set forth in Exhibit A. County also covenants and agrees that it shall use the CET funds it receives under this Agreement only for the work approved to reach the milestones set forth in Exhibit A. 3. Eligible Expenses. As set forth in Metro Code Chapter 7.04 Administrative Rules, the following expenses shall be considered Eligible Expenses for CET Grant consideration, up to a ceiling of the reimbursable amounts set forth in Exhibit A attached hereto: (a) materials directly related to project; (b) consultants' work on project; (c) County staff support directly related to project; and (d) overhead directly attributable to project. 4. Payment Procedures. Within 30 days after the completion of each milestone as set forth in Exhibit A, County shall submit to Metro a statement describing in reasonable detail the eligible and reimbursable work services performed pursuant to this Agreement. County will furnish Metro with any other statements or reports of expenditures as may be needed to satisfy fiscal requirements. Metro shall reimburse County for the eligible and approved reimbursable work after each milestone is reached, no later than 60 days after the date Metro receives County's statement. County shall send the statement, and Metro shall send CET payments, to: Metro Washington County DLUT Attention: Ray Valone Attention: Judy Lynn 600 NE Grand Ave. Public Services Building, Suite 350, MS 16 Portland OR 997205 155 N. First Ave. (503) 797 -1808 Hillsboro, OR 97124 (503) 846-3718 5. Project Records. County shall maintain all records and documentation relating to the work and tasks involved in the project as set forth in Exhibit A. County shall provide Metro with such reasonable information and documentation as Metro requires for implementation of the CET grant process. County shall establish and maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this Agreement. 6. Audits, Inspections and Retention of Records. Metro and its representatives shall have full access to and the right to examine, during normal business hours and as often as they reasonably deem necessary, all County records with respect to all matters covered by this Agreement and Exhibit A, excepting privileged and other such documents that County may claim to be exempt from disclosure under ORS chapter 192. Nothing herein limits Metro's right to challenge the withholding of any documents as permitted by law. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls and other matters covered by this Agreement. All documents, papers, time sheets, accounting records, and other materials pertaining to costs incurred in connection with the project shall be retained by County and all of its contractors for three years from the later of the date of completion of the project, or expiration of the Agreement, to facilitate any audits or inspection. 7. Funding From CET Funds. Metro's funding commitment set forth in this Agreement shall be fulfilled solely through the programming of CET funds. The parties recognize and agree that if the CET is ever held to be unenforceable or is terminated through no act or omission of Metro, that Metro shall not be liable in any way for funding the amounts described in Exhibit A. Page 2 — CET GRANT IGA 10.05.07.BM_CE grantlGA.doc DRAFT 8. Term. This Agreement shall be effective on the date it is executed by both parties and shall terminate when the Total Reimbursable Amount set forth in Exhibit A, representing Metro's multi -year commitment of CET funds provided herein, is fulfilled and expended. In the case that County receives a surplus of CET funds beyond that which is required to fund those items set forth in Exhibit A, County shall return to Metro any surplus CET funds remaining on completion. 9. Amendment. This CET Grant IGA may be amended only by mutual written agreement of the Parties. 10. Other Agreements. This CET Grant IGA does not affect or alter any other agreements between Metro and County. Metro Washington County By: Michael Jordan By: Title: Metro Chief Operating Officer Title: Date: Date: State of Oregon ) ss. County of ) On this day of , 2007, before me , the undersigned Notary Public, personally appeared Michael Jordan, as Chief Operating Officer of Metro, a municipal corporation, personally known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. My commission expires: State of Oregon ) ss. County of ) On this day of , 2007, before me , the undersigned Notary Public, personally appeared as of jurisdiction, personally known to me (or proved to be on the basis of satisfactory evidence) to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she or they) executed it. My commission expires: Page 3 — CET GRANT IGA 10.05.07. BM_CETgrantlGA. doc DRAFT Exhibit A CET Grant IGA Between Metro and Washington County West Bull Mountain Project Milestones, Due Dates, and Reimbursement Rates Total Requested by County for New Urban Growth Area West Bull Mountain Project: $670,500 Total Reimbursable Amount:* $670,500 ** Milestone #: Deliverable Date Due * ** Grant Payment 1. Execution of CET Grant IGA x date $134,100 2. Mid -point in Concept Plan development, demonstrating progress toward completion x date + 210 days $134,100 3. County's Preferred Concept Plan Alternative x date + 390 days $134,100 or Urban Growth Diagram, showing at least those elements set forth in Title 11 4. County's recommended Comprehensive Plan or Comp. Plan amendment, addressing Title 11; the applicable conditions of addition in Metro ordinance for the new urban area; and applicable state laws and regulations x date + 540 days $134,100 5. County's adoption of Comprehensive Plan or Comp. Plan amendment, addressing Title 11; the applicable conditions of addition in Metro ordinance for the new urban area; and applicable state laws and regulations x date + 660 days $134,100 TOTAL REIMBURSABLE AMOUNT* $670,500 ** *The Total Reimbursable Amount is a maximum amount that will be reimbursed for Eligible Expenses as set forth in the CET Grant IGA and Metro Code Chapter 7.04 Administrative Rules. ** The CET will fund the project for the full $670,500 for all eligible expenses. Grant funding is subject to reduction attributed to a reduction in milestone expectations, alternate grants awarded to this project or completion or reduction requests by County. * ** Due dates are intended by the parties to be hard estimates of expected milestone completion dates. If County anticipates that a due date will not be met, it shall inform Metro in writing no later than ten (10) days prior to the due date, and shall provide a revised estimated due date, and Metro and County will mutually revise the milestone due dates set forth in this Agreement. Page 4 — CET GRANT IGA 10.05.07. BM_CETgrantIGA, doc — s . 4 : lun"" 11111 Exhibit A referenced in Exhibit D I B %dl.� � ; . _ .�� % � -/r',' F e_s - -t_� _ p & � ;.! • � _ ! _ S - - ,�,,, IR Commun Planning Area ® gain ■■1►`- . . . �., - N -.. ■,utui r.p ° - , - e1 111 - 1� _. wpm uu 1 . 111 1 1 uu : -rgO = - 11111 11111 U III�u11111111 t C ` - 11 : - .. 1 �� /■ ����� 111111 11 111 �C 111111 1'C ' �1111fl; . �. 7 ►j?i al l iiLITi ultluunu� /uru - ! ► 111 1111111 111111111- 111111` r� 1lilll ►� ►, �� '��`' ` • = sl ! - s. . .11111 /� rnr, 3 1�■ � IIP V= - - C��I -,- 011111 A ,.i� ire ■1 ►�i�Unulq� ' �11u1nnml p F b 1 ■1 ■1 ■ ■�i 4. � / • ilia ilia 11th (1111111 Ip11111HE ■ i n ■■�goev0 "EC IIIIIII u C 1 : Riv = Terrace t -. �+_� 1■� ■■ ■■■I�I111111- /11III1u11�11►r lir 1U : — Area 64) •11111. 111111 1111111:1111111111■, 1, i •t�= iiniiii uiii 'nit • ∎ . >_n -r ' - - mall Tigard il - iilik - . C Elm It IIItt111 - ow i lit h jiP ; :; r� rr Illini ..• • � 1 D a 0 I►r. /�.. 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Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): Consent Item Agenda Title: APPROVE CITY CENTER DEVELOPMENT AGENCY MINUTES Submitted By: Carol Krager, City Management Item Type: Motion Requested Meeting Type: City Center Development Agency Information ISSUE Approve City Center Development Agency Minutes STAFF RECOMMENDATION / ACTION REQUEST Approve City Center Development Agency Minutes KEY FACTS AND INFORMATION SUMMARY n/a OTHER ALTERNATIVES n/a COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS n/a DATES OF PREVIOUS COUNCIL CONSIDERATION n/a Attachments July 3, 2012 CCDA Minutes AIS -985 8. Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): 20 Minutes Agenda Title: Review Targeted Incentive Program Request for Proposals Submitted By: Sean Farrelly, Community Development City Center Development Item Type: Motion Requested Meeting Type: Agency Information ISSUE Review Targeted Incentive Program Request for Proposals (RFP). STAFF RECOMMENDATION / ACTION REQUEST The Board of the City Center Development Agency (CCDA) is requested to approve the draft Targeted Incentive Program Request for Proposals (RFP), so it can be circulated and publicized. KEY FACTS AND INFORMATION SUMMARY The proposed Targeted Incentive Program would offer matching grants to prospective retail and restaurant tenants to help offset the cost of interior tenant improvements. The objectives of this public- private partnership are to fill vacancies and attract businesses that will lend vitality to the district. The Facade Improvement Program Joint Committee (made up of two members of the CCDA and two members of the CCAC) were charged with considering and making recommendations on program details. The elements of an RFP were presented to the Board of the CCDA on July 3, 2012. The Board recommended a further fine tuning of the RFP document. Staff refined the document. Comment was also requested from a commercial broker (Dan Bozich of Urban Works), who reviewed it and was supportive of the program, particularly its focus on food service. He made a couple of recommendations that (if acted on) would impact the RFP. He suggested that 90 days may not be enough time for a business to respond. He also recommended that the RFP not be due between late November and early January (due to the holidays.) For this reason staff suggests that the due date for the RFP be set at January 30, 2013. If the board approves, the RFP will be released and publicized though a number of avenues. The RFP will be publicized to: • the commercial brokerage community • the owners of vacant Main Street properties • specific businesses that meet the criteria of the RFP • news media such as the Daily Journal of Commerce • organizations such as the Tigard Area Chamber of Commerce and Rotary Club OTHER ALTERNATIVES The Board of the CCDA may choose to direct staff to further refine the RFP. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Goal 3b: Contact owners of key, structurally sound Main Street buildings with vacancies. Begin cooperative effort to secure tenants that will contribute to the vitality of downtown. DATES OF PREVIOUS CONSIDERATION March 6, 2012 April 3, 2012 July 3, 2012 Fiscal Impact Cost: $75,000 Budgeted (yes or no): Yes Where Budgeted (department /program): CCDA Additional Fiscal Notes: FY 2012 -13 budgeted program Attachments Request for Proposals Application • City of Tigard City Center Development Agency Downtown Tigard Tar eted Im rovement Program 9► p Request for Proposals Oil N ;( ) #�' \ J , <' 1 . 1 1i f i,1 4 , 4. 4 , :., -11 ....,.-.-, , g : , .A., . i.,, N..141:41x,vi ....„ ". vg, C. /7 '... 4 1: 4'.44441N ; 41 4 , ' , " f , ' IL_ ' - '''? - , , 4 m . . 4 ' ; - . 40, * rir J ''. 4 I 1 1 : : 'At. : : ;.. N, , l -'‘' :4 1 7 1 c ,* % .4 ''LAI: 44„ : . : : : . : lopNlir4;‘ c . , I''' . ; , , , k'44°#.77\'';,, l i \,4 - , „ ‘ 4 1 ,,,, iiiiNit :I, ate , i Ii / + ► � / ate , a l . r' a .' /- ,- r � 774044 ` `, • R Iv �r v . ✓ ,, i • / , ■ .''h A, <, f .C' � r . .,1, r ;III 4 ;. i, 4 ,4 .1"'"-... 1 :: 0, v'C ---- ' _ - :: - Th -- ° i, ,.., . „,...›...., , ‘• , , . ,,,,, ,,, .,,, , , _ ,, ,,,, 0 2*3 iX 4111 F ,„,, Downtown Tigard 50 Year Visualization _ 1. Introduction The City of Tigard's urban renewal agency —the City Center Development Agency (CCDA) —is offering a 50 percent matching grant (up to $75,000) to help offset the costs of interior tenant improvements for new restaurants, cafes, bakeries or similar businesses through its new Targeted Improvement Program. The agency is requesting proposals that will bring these types of businesses to Main Street in Downtown Tigard. Proposals must be received no later than 5 p.m. on , 2012. Send proposal to: City of Tigard's City Center Development Agency Attn: Sean Farrelly 13125 SW Hall Blvd., Tigard, OR 97223 Details concerning the proposal process are contained in this document. 2. Background Tigard's historic downtown centered on Main Street is undergoing a transformation. Main Street is positioned on well - traveled transportation corridors. It is adjacent to Pacific Highway /99W which has average daily traffic counts of 50,000 vehicles and is just two blocks from Highway 217 which carries 120,000 vehicles a day. Downtown Tigard is served by TriMet's WES commuter rail line and six bus lines. Main Street intersects the 15 -mile Fanno Creek Trail, which connects Portland with Tualatin. Along the trail are many significant parks including the nearby 22 -acre Fanno Creek Park and the newly acquired 26 -acre Fields property directly to the southeast of downtown. Downtown Tigard has an attractive demographic profile with an average household income of $90,312 within a five -mile radius. The downtown area is home to a growing cadre of dynamic new and established businesses including Max's Fanno Creek Brewpub, Live Laugh Love Glass, Cafe Allegro and Sherrie's Jewelry Box. The City of Tigard has focused many resources on improving its downtown. Voters approved a 20 -year, $22 million urban renewal district in 2006. The area is undergoing significant improvements, including: • In 2013, the southern half of Main Street will be rebuilt to incorporate "green street" features such as bioswales for stormwater treatment. Pedestrian and storefront improvements, benches, lighting, street trees and public art will support a revitalized downtown. • Eight downtown businesses /properties have been awarded 50 percent matching facade improvement grants from the CCDA ranging from $4,500 to the maximum of $25,000. • Intersection improvements at Pacific Highway /Main Street /Greenburg Road and Pacific Highway/ Hall Boulevard have improved traffic flow. • Plans to locate an urban plaza in the downtown that will host community events (such as the Tigard Area Farmers Market). Page 2 The CCDA has created the Targeted Improvement Program to further the Downtown Tigard revitalization goals. These goals include: • Attract dynamic new businesses that increase foot traffic in the retail core. • Develop amenities, such as parks, plazas, green streets and streetscapes that reinforce downtown's position as the "green heart" of Tigard. • Incorporate the themes of natural resources such as Fanno Creek and sustainability into new development. • Support the development of a dynamic mix of housing with retail on the ground floor, accessible by all transportation modes. 3. Program Details A. Eligible Applicants. Property owners and business owners /tenants are eligible for program funding. To be considered for the grant, the applicant must have a letter of intent to lease or an option to purchase agreement for a building that is contingent on receipt of incentives. Prior to receiving a commitment of the funds, the successful applicant must submit either (a) a signed lease for the subject property with at least three years remaining from the estimated completion date of the proposed tenant improvement project, or (b) an executed Purchase and Sale Agreement. The responsibilities of the tenant, property owner and the city /agency will be defined in the program's Letter of Commitment.Property owner and business owner must be current on all city charges, taxes or assessments. B. Types of Businesses. Map of Potentially Eligible Properties The grant program is available to attract specific types of : �;,; `mow businesses to currently vacant ground floor commercial spaces . ♦' • on Main Street (see map for eligible properties). The primary �`� ' � • desired businesses are new food - related ventures including: •r ' * � •, ,� � • Restaurants. • Produce markets. 42 , r / • , • Cafes /tea shops. • Health food stores. \. \ • Bakeries /dessert shops. • Specialty food stores. �s!► c °3 ,, P ,�, ♦'f e�, f • Grocery stores. • Ice cream parlors. �� , d S , • Other similar businesses. „,„ 0 . Eligible Property (if vacant) j B. Eligible Improvements. Eligible improvements to be funded by the program include: • Demolition and shell reconstruction. Storefront Improvement Program • Plumbing, mechanical and electrical improvements. Property owners and businesses with • Fire /life safety improvements including seismic upgrades signed leases may also be eligible for the and fire - suppression systems. Storefront Improvement Program, which • Interior finishes including flooring, painting and built -in has matching grants available (up to casework. $25,000) for exterior improvements. • Historic restoration of interior feature. This program has a process separate • Hazardous materials abatement, such as asbestos removal. from this RFP. • Americans with Disabilities Act (ADA) improvements. For more information, contact Redevelopment Project Manager All contractors hired by program participants must be licensed Sean Farrelly at 503 - 718 -2420 or in the state of Oregon. sean @tigard - or.gov. Page 3 C. Grant Funding. The Targeted Improvement Program awards matching grants on a dollar- for - dollar basis for eligible tenant improvements. Matching grants are distributed to the applicant in the form of a reimbursement, once construction is complete and the terms stated in the Letter of Commitment have been met. If the terms and conditions are not met, the rebate will not be issued. Key terms that must be satisfied prior to grant reimbursement include: 1. Proof of approved permit(s). 2. Completion of the project and submission of lien waivers from all laborers and material suppliers. 3. Inspection of improvements by the City of Tigard for consistency with information provided in completed application. 4. Passing inspection from appropriate agencies (such as city building department, fire department, etc.). 5. Approved business has been in operation for one month. 4. Requests for Proposals (RFP) Schedule The CCDA estimates the RFP schedule will be: ACTION COMPLETION DATE Issue Request for Proposals 2012 Proposals due to CCDA 120 -150 days from RFP issuance Submittal review and interviews with within three weeks of due date top- ranked proposers Evaluation committee recommendation within two weeks of interview Grant award made by CCDA board following CCDA meeting Final Committment Letter Agreement negotiated within four weeks of CCDA board approval 5. Submission Requirements To be considered for funding, applicant must submit three copies of their proposal by [DATE]. Proposals must include the program application form (Attachment A) and the following: A. Photographs of the unimproved space. B. Scale drawings of proposed improvements (early conceptual plans are adequate). C. Business prospectus that includes: i. A business plan summary; projected sales including products or services to be offered; branding concept; target customer profile; expenditure per customer; length of visit per customer ; and a description of how proposed business distinguishes itself from the competition. ii. Business startup requirements. iii. List of financial assets, funding sources and uses, financial pro forma with 10 -year operating projections. iv. Resumes of business owners and /or operators. D. Copy of Letter of Intent to Lease or Option to Purchase Agreement. Page 4 6. Evaluation Process Proposals will be reviewed by city staff for completeness and conformance to the proposal instructions. All eligible proposals will be evaluated by an evaluation committee comprised of two members from the City Center Development Agency board and two members from the City Center Advisory Commission. The evaluation committee will score each proposal using the evaluation criteria identified below. Interviews with one or more of the top ranked applicants may also be scheduled with this evaluation committee and final scores may be modified following the interview. The evaluation committee will make their recommendation to the CCDA board for final approval. The CCDA expects to make one award, but will consider making multiple smaller awards. The CCDA also reserves the right not to make any awards from this RFP. 7. Evaluation Criteria FACTORS MAXIMUM POINTS 1. The proposed business owner /manager's proven track record of success. Owner's /manager's past record of success. 40 points Strength of business prospectus. 2. The potential of the proposed business to significantly enhance Downtown Tigard. Complementary to existing business mix /business type presently lacking. — — 40 points Proposed business will stimulate Main Street activity. 3. Proposed project's financial terms. Feasibility of financing structure — private financing and equity contribution. 20 points Public financial investment — requested grant amount will leverage significant private investment. 8. General Proposal /Contract Conditions A. Limitation and Award. This RFP does not commit the CCDA to the award of a contract. Neither the CCDA, nor its agents, are liable for any cost incurred by proposers prior to execution of a Letter of Commitment. All prospective proposers who respond to this RFP do so solely at their own cost and expense. The cost of preparation of a submittal and any related expenses, including travel, shall be entirely the responsibility of the proposer. - -- Page 5 B. Conflict of Interest. All persons or entities filing a proposal thereby certify that neither the City of Tigard /CCDA , nor any of its officers, agents or employees, has a pecuniary interest in the proposal or has participated in contract negotiations on behalf of the City of Tigard /CCDA; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer for the same call for proposals; and the proposer is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. 9. Right's Reserved by the City Center Development Agency A. The CCDA will determine, in its sole discretion, the responsiveness of each proposal to this RFP. Proposals deemed responsive will then be reviewed by the evaluation committee. B. CCDA reserves the right to request additional information from any and all respondents to clarify information contained in proposals. C. CCDA reserves the right, at its sole discretion, to accept or reject any and all proposals received as a result of this RFP, to waive minor irregularities, and to conduct discussions with all responsible respondents, in any manner necessary, to serve the best interest of CCDA. D. CCDA reserves the right at any time either before or after proposals are submitted to specify additional terms and conditions. 10. Official Contacts Questions regarding the Targeted Improvement Program and this RFP must be directed to: Sean Farrelly Redevelopment Project Manager 13125 SW Hall Blvd., Tigard, OR 97223 503 - 718 -2420 I sean @tigard - or.gov 11. Addenda The CCDA may modify the RFP at any time at least five (5) days prior to the RFP due date, by issuance of a written addendum to all proposers who are participating in the process at the time the addendum is issued. Addenda will be numbered consecutively. Verbal modifications to the RFP shall not be binding upon the CCDA. 12. Solicitation Protest A person may protest or request a change of a qualification requirement or evaluation criteria no later than seven (7) calendar days prior to the due date of the statement of qualification. No protest of a qualification decision or grant award because of a qualification requirement or evaluation criteria will be considered after such time. The protest or request for change shall include the reason for the protest or change, any proposed language, and why the proposed language would benefit the CCDA. The CCDA shall consider the protest or request for change and may reject the protest or request for change, issue an addendum or cancel the RFP. The protest must be submitted to: Sean Farrelly Redevelopment Project Manager 13125 SW Hall Blvd., Tigard, OR 97223 503 - 718 -2420 I sean @tigard - or.gov Page 6 13. Selection Protest Proposers who disagree with the CCDA's selection decision may protest that decision to the City of Tigard Purchasing Office. The judgment used in the scoring by individual evaluators is not grounds for appeal. No protest because of a solicitation provision, evaluation criteria, scope of work, specification or contract term that could have been raised as a solicitation protest will be considered. The selection protest must be submitted in writing within seven (7) calendar days of the Notice of Intent to Award. The protest shall be submitted to the Contracts and Purchasing Office at: Joe Barrett Contracts and Purchasing Office 13125 SW Hall Blvd., Tigard, OR 97223 503 - 718 -2477 1 joseph @tigard - or.gov The selection protest must state all the relevant facts that establish that all higher ranked proposers were ineligible for selection because their submittals were non - responsive or the proposer was not responsible. A written decision will be sent to the protester. 14. Equal Opportunity Policy The CCDA requires all proposers to comply with the City of Tigard's equal opportunity policies. The city's programs, services, employment opportunities, and volunteer positions and contracts are open to all persons without regard to race, religion, color, national origin, sex, sexual orientation, age, marital status, handicap or political affiliation. A copy of the city's policy is available upon request. 15. Public Record All information submitted by proposers shall be public records and subject to disclosure pursuant to the Oregon Public Records Act (ORS 192.410 et seq), except such portions for which proposer requests exception from disclosure consistent with Oregon law. Any portion of a submittal that the proposer claims constitutes a "trade secret" or is "confidential" must meet the requirements of ORS 192.501(2) and ORS 192.502(4). Applicant must clearly identify such material, by marking it "CONFIDENTIAL." All information submitted by proposers are not open for public inspection until after the notice of intent to award a contract is issued. Except for exempt materials, all information submitted by proposers will be available for viewing after the evaluation process is complete and the notice of intent to award is sent to all participating parties. Page 7 • ' ii II TIGARD CCDA City of Tigard COMMUNITY DEVELOPMENT 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard- or.gov s City of Tigard COMMUNITY DEVELOPMENT TIGARD Targeted Improvement Program Application The City of Tigard /City Center Development Agency (CCDA) reserves the right to approve or reject any application for funding at its sole discretion. Project address: Proposed business name: Business type: Applicant: ❑ Property owner ❑ Business owner ❑ Other Property owner(s): Phone: Email: Mailing address: City: State: Zip: Business owner(s): Phone: Email: Mailing address: City: State: Zip: Square footage of the property: Describe the proposed scope of improvements: (add an additional page if necessary) Page 1of3 City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard- or.gov City of Tigard ° COMMUNITY DEVELOPMENT T, RD Targeted Improvement Program Application What is your anticipated budget? $ What is the amount of your grant funding request? $ Describe how the proposed project is consistent with Downtown Tigard revitalization goals as defined in Section 2 of the Request for Proposals. (add an additional page if necessary) Estimated number of permanent jobs to be created and estimated wages: Proposed hours of operation: Additional Material Checklist: 1. Photographs of the unimproved space. 2. Scale drawings of proposed improvements (do not have to be architectural drawings at this stage). 3. Business prospectus that includes: i. A business plan summary; projected sales including products or services to be offered; branding concept; target customer profile; expenditure per customer; length of visit per customer ; and a description of how proposed business distinguishes itself from the competition. ii. Business startup requirements. iii. List of financial assets, funding sources and uses, financial pro forma with 10 - year operating projections. iv. Resumes of business owners and /or operators. 4. Copy of Letter of Intent to Lease or Option to Purchase Agreement. NOTE: All information submitted by proposers shall be public records and subject to disclosure pursuant to the Oregon Public Records Act (ORS 192.410 et seq.), except such portions for which proposer requests exception from disclosure consistent with Oregon law. Any portion of a submittal (such as the business prospectus) that the proposer claims constitutes a "trade secret" or is "confidential' must meet the requirements of ORS 192.501(2) and ORS 192.502(4). Applicant must clearly identify such material, by marking it "CONFIDENTIAL," and provide separate notice in writing of the status of this material to the official contact. Page 2 of 3 City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard- or.gov City of Tigard III III COMMUNITY DEVELOPMENT TIGARD Targeted Improvement Program Application Property Owner Participation THE UNDERSIGNED CERTIFIES THAT THEY ARE THE OWNER OF THE PROPERTY IDENTIFIED ABOVE AND THAT THEY ARE WILLING TO PARTICIPATE IN THE TARGETED IMPROVEMENT PROGRAM. ❑ N/A (Mark N/A if property owner is the applicant) Printed name of property owner: Signature: Date: Certification by Applicant: THE UNDERSIGNED CERTIFIES THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE. Printed name of applicant: Signature: Date: Page 3 of 3 City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard- or.gov AIS -992 9 Workshop Meeting Meeting Date: 08/21/2012 Length (in minutes): 10 Minutes Agenda Title: Discuss Developer Meetings Submitted By: Sean Family, Community Development City Center Development Item Type: Update, Discussion, Direct Staff Meeting Type: Agency Information ISSUE Discuss potential questions for discussions with developers. STAFF RECOMMENDATION / ACTION REQUEST The City Center Development Agency (CCDA) Board is requested to provide input for upcoming developer discussions. KEY FACTS AND INFORMATION SUMMARY The city and the City Center Development Agency have provided significant public investment in downtown infrastructure. Attracting private downtown redevelopment, however, has faced several hurdles. Development feasibility studies and talks with developers have shown that new, high -quality mixed -use or multi -story residential buildings (development consistent with Tigard Downtown Improvement Plan) face significant financial viability gaps. This is due to a number of factors: the higher construction costs required to build this type of development (structured parking, elevators, etc.); the relatively low rents that can be achieved in the market; and the scarcity of low cost, redevelopable land in the district. These challenges are not impossible to overcome. The CCDA previously reviewed a matrix of potential policy tools and incentives to attract mixed -use development, to be approved on a case -by -case basis. One of the most effective potential incentives is agency - subsidized land. The provision of low -cost land can "change the equation" and make the preferred type of development financially feasible. In anticipation of property acquisition by the agency, staff will intensify engagement with the development community. One engagement strategy is to hold structured discussions with developers. Staff, working with a real estate advisor, will interview selected developers regarding the perceived opportunities and challenges to developing in downtown Tigard. The discussions would also serve as an opportunity to market the CCDA's potential incentives. A series of one -on -one interviews are proposed, rather than a developer panel (as performed as part of the Tigard Downtown Improvement Plan), with the expectation that developers will speak more candidly outside of a group setting. The findings and recommendations for next steps will be presented to the board of the City Center Development Agency and the City Center Advisory Commission (and members of the Planning Commission) in a workshop setting. The Board is requested to provide questions to ask developers during these discussions. OTHER ALTERNATIVES The City Center Development Agency Board could direct staff to pursue other methods of developer engagement. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Goal 3. Downtown DATES OF PREVIOUS COUNCIL CONSIDERATION May 1, 2012: Presentation on redevelopment principles. Attachments No file(s) attached. AgendaQuick ®2005 - 2012 Destiny Software Inc., All Rights Reserved