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City Council Packet - 03/22/2016 UPIi City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Revised March 18,2016 to add Executive Session at end of meeting called under ORS 192.660 (2) (h). MEETING DATE AND TIME: March 22, 2016 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be .heard in any order Or 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.figard-or.gov CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. 14 ■ City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD Revised March 18,2016 to add Executive Session at end of meeting called under ORS 192.660(2) (h). MEETING DATE AND TIME: March 22, 2016 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 PM •STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time B. CONSIDER A RESOLUTION IN SUPPORT OF AN OREGON PARKS AND RECREATION LOCAL GOVERNMENT GRANT TO FUND CONSTRUCTION OF AN INTERPRETIVE SHELTER 6:45 p.m. estimated time •EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) 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: 7:35 p.m. estimated time A. APPROVE CITY COUNCIL MINUTES: •February 9,2016 •February 23, 2016 B. PROCLAIM APRIL AS ARBOR MONTH C. PROCLAIM APRIL AS ALCOHOL AWARENESS MONTH D. PROCLAIM APRIL AS FAIR HOUSING MONTH •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TMC CHAPTER 15.20 STREET MAINTENANCE FEE 7:40 p.m.estimated time 5. INFORMATIONAL PUBLIC HEARING TO CONSIDER RESOLUTION ADOPTING INCREASED STREET MAINTENANCE FEE 8:15 p.m. estimated time 6. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARD FOR TIGARD TRIANGLE STRATEGIC PLAN IMPLEMENTATION 8:50 p.m. estimated time 7. CONSIDER A RESOLUTION GRANTING EXEMPTION FROM PROPERTY TAXES UNDER TMC 3.50 FOR FOUR NON-PROFIT LOW INCOME HOUSING PROPERTIES 9:00 p.m. estimated time 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2) (h) - pending litigation or litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:10 p.m. estimated time 10. ADJOURNMENT 9:25 p.m. estimated time lig ., City of Tigard Tigard City Council Meeting Agenda TIGARD March 22, 2016 CITY COUNCIL STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time B. CONSIDER A RESOLUTION IN SUPPORT OF AN OREGON PARKS AND RECREATION LOCAL GOVERNMENT GRANT TO FUND CONSTRUCTION OF AN INrF.RPRETIVE SHELTER 6:45 p.m. estimated time Administrative Items: Save the Date! Change in spring outreach to April 306,TVF&R Fire Station 50 Time: TBA Washington County Communications levy—does council wish to endorse? Council has been given copies of written testimony for Street Maintenance Fee Item No. 5 Council Meeting Calendar March 1 Tuesday City Center Development Agency Meeting—6:30 p.m.,Town Hall 8* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 15* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 22* Tuesday Council Business Meeting—6:30 p.m.,Town Hall April 5 Tuesday City Center Development Agency Meeting—6:30 p.m.,Town Hall 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 20 Wednesday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 25 Monday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 30 Saturday Council Outreach,Walnut Street Fire Station,Time TBA May 2 Monday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 3 Tuesday City Center Development Agency Meeting—6:30 p.m.,Town Hall 9 Monday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 10* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk (*). Z'' CJ / Z/ /S ti Repo r^?"r ��T(4 Ciifly$ &r --N h de-Ivo r - Washington County Economic Indicators State of Oregon QnolitY Information,Informed Choices February 2016 C ployment Labor Market Information www.Qualitylnfo.org Historical Job Growth Job Growth Rates by Industry Net Job Growth by Industry 2005 to Jan 2016:change from a year earlier January:change from a year earlier January:change from a year earlier 8% Total nonfarm 3.2% Total nonfarm MIIIIIIIIIIINIMI 8,600 ' 6% Leisure 4.0% Leisure ■900 Prof./Business 5.1% Prof./Business 2,600 4% 3.2% Manufacturing 4.6% Manufacturing 2,100 2% ll Government 1=1 2.1% Government r 500 -; 0% , Private Ed./Healthcare 3.0% Private Ed./Healthcare f 1,000 Retail 011 1.6% Retail ■500 I 2% Information (• 1.4% Information 1100 -4% Wholesale trade r 0.8% Wholesale trade lI 100 Financial IIN 3.1% Financial II 500 -6% o 8 0 0 0 0 - m ' " Construction 0.0% Construction 0 o o 0 0 0 0 0 0 0 0 0 N N N INNNNNNNN Unemployment Rates Labor Force Growth Unemployment Rates by City January:seasonally adjusted January:increase on a year earlier January:non-seasonally adjusted 4% --... Washington County —Oregon 3.6% Tigard 3.7% 12% 0 11/0 3% Beaverton 3.9% 10% 24% 9% Hillsboro 3.9% 8% 2% Sherwood 4.0% 7% 1.3% 6% 196 — Tualatin 4.1% 5.1% 5% 4.1% Cornelius 4.6% 4% 0% 11• I1 Washington PDX Metro Oregon US B Forest Grove 4.7% Jan-03 Jan-06 Jan-09 Jan-12 Jan-15 Co. Residential Building Permits Employment Growth by City Average Annual Wage by City 2015 2010 to 2014 2014 Portland,City MENINININIIIMIIIIIII1111114,254 Vancouver 1,036 Hillsboro w,,`' -i:,-.421-=4-a,, -, _' �.!-,._ 16% Hillsboro $82,198 Hillsboro NMI 803 Beaverton MN 539 Beaverton $69,557 Beaverton f ¢ K , ys 11%Gresham - 398 1 b :„ Wilsonville - 354 Tualatin $51,216 Tigard ■ 249 J Oregon City I 130 Portland . *`wt f" ' ' 9% Tigard $48,062 Forest Grove I 120 Forest Grove $39,819 Tualatin 1 107 Vancouver , ' 8% McMinnville 1 105 °`'"' Sherwood $37,584 Lake Oswego 1 95 West Linn I 51Cornelius $30,285 Gresham , ?{ 3% Milwaukie 11 US Census Building Permit Survey onthemap.ces.census.gov I 5 11/ 6Y S6SSi ,jj AIS-2609 B. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): 10 Minutes Agenda Title: A Resolution in Support of an Application for an Oregon Parks and Recreation Local Government Grant for Dirksen Nature Park Prepared For: Carla Staedter Submitted By: Judy Lawhead, Public Works Item Type: Update, Discussion, Direct Meeting Type: Council Staff Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Should the Council consider a resolution in support of an application for an Oregon Parks and Recreation Local Government Grant (2016) to fund construction of an interpretive shelter/restroom at Dirksen Nature Park? STAFF RECOMMENDATION / ACTION REQUEST No action is requested; Staff will provide a briefing to the Council related to this new grant request. Formal consideration of the resolution is scheduled for an upcoming council meeting. KEY FACTS AND INFORMATION SUMMARY The city currently lacks funding to build an interpretive shelter/restroom at Dirksen Nature Park. By pursuing an Oregon Parks and Recreations Local Government Grant, the city could secure $450,125 to fund construction of the shelter and restroom. Dirksen Nature Park is growing in popularity at a rate faster than funding for infrastructure becomes available. The natural resources that make Dirksen Nature Park a very special resource to the community are being impacted by a lack of facilities to serve park users. The interpretive shelter/restroom will provide needed gathering areas and restrooms not only for park visitors but for Fanno Creek Trail users. It will provide a covered education space for Fowler Middle School science classes, for the 600 to 800 children per year who visit the site' on tours, and for children attending summer camps. It will support the most active areas of the site including the play field and future nature play areas. It will house future interpretive displays and way-finding signage. This grant process allows an applicant to use the site purchase price as the qualifying match for up to six years following the site purchase. The city completed purchase of the land in 2011; therefore, Tigard has until December 2016 to pursue this grant using site acquisition funds to meet the one to one match. The Oregon Parks and Recreation Department expects to award approximately $2 million this second year of their grant cycle OTHER ALTERNATIVES The council could decide not to recommend moving forward with the pursuit of this grant. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS The grant would fund projects that support the city's strategic plan to be "the most walkable community in the Pacific Northwest where people of all ages and abilities lead healthy and interconnected lives." If successfully acquired, the grant would construct needed restroom facilities to support walkability along the Fanno Greenway Trail and on the soft paths through the nature park. Dirksen Nature Park, the site of the proposed interpretive shelter/restroom, is identified as a community park in the Tigard Parks System Master Plan. A separate planning document, the Summer Creek Property Master Plan, describes the need for an interpretive shelter/restroom and reviews the public process around development of the master plan for Dirksen Nature Park (formerly known as Summer Creek Property) DATES OF PREVIOUS CONSIDERATION The Council adopted a resolution in support of pursuing the Oregon Parks and Recreation Local Government Grant at its March 24, 2015, meeting. A new resolution from the Council is needed in order to make an application in the 2016 grant process. Fiscal Impact Cost: 0 Budgeted (yes or no): Yes Where Budgeted (department/program): N/A Additional Fiscal Notes: The only cost for pursuit of the grant is internal staff time to prepare the resolution for Council and the grant application itself. That staff time has been budgeted. • Attachments No file(s) attached. J / S o l(41i - Ad d P /x,/ 6 SUPPLEMENTAL PACKET FOR Mar. ti �� a0(1;). CITY OF TIGARD, OREGON (DATA OF MEETING) TIGARD CITY COUNCIL 5414 cJ y Sr S S Or /It nv RESOLUTION NO. 16- A RESOLUTION IN SUPPORT OF AN APPLICATION FOR AN OREGON STATE PARKS AND RECREATION LOCAL GOVERNMENT GRANT (2016) TO FUND CONSTRUCTION OF AN INTERPRETIVE SHELTER/RESTROOM AT DIRKSEN NATURE PARK WHEREAS, the Oregon Parks and Recreation Department is accepting applications for the Local Government Grant Program;and WHEREAS, the City of Tigard desires to participate in this grant program to the greatest extent possible as a means to provide needed park and recreation improvements and enhancements; and WHEREAS, the Tigard City Council has identified improvements at Dirksen Nature Park as a high priority need; and WHEREAS, the interpretive shelter/restroom provides needed picnicking,way-finding, education,watering and restroom facilities for both Dirksen Nature Park and the Fanno Creek Regional Trail; and WHEREAS, the City of Tigard may use property acquisition funds as its local match should grant funds be awarded: and WHEREAS, the City of Tigard will provide adequate funding for on-going operations and maintenance of this park and recreation facility should the grant funds be awarded. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council demonstrates its support for the submittal of a grant application to the Oregon Parks and Recreation Depaithient for construction of an interpretive shelter/restroom at Dirksen Nature Park. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of March 2016. Mayor—City of Tigard ATTEST: City Recorder—City of Tigard RESOLUTION NO. 16- Page 1 of 1 SUPPLEMENTAL PACKET, EOR )YID?'i 2 2. °� (DATh 8F MEETING) c/-t(✓k -Se-ssie IA Oregon State Parks — Local Government Grant Program Figure 3 Dirksen Nature Park Master Plan and Site Map f ..,,r-4r, •�, -—AV-- r. .: Project Location „airEntrance CommunityTrail/Sidewalk r�Pa aid --- Entrin• / 61*.c . It -- — Drop-off .-„•};Vii ardS_Ue_t Parking(10 to 15 cars) r yE' r L ,IPV-i- Picnicl l', Interpretive Nature Play3 .0•—,k ( Overlook P 74• ��/�� � Overflow Parking(10 cars) Area OverSavlook nna (tots) % A, i r' Wetland Overlook c Community Garden o ,4Tr/410)10, h� (fU TIGARD Restroom/Interpretive Outdoor Shelter / $! ',� ,' ' 4' Nature Play(5-12) / • h I . + / it,',. r rF iv ' 1,... 1! Replantingo . 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A s 40-N Is 0:40,4 EXISTING CONTOURO TC 159.50 .1\59.57 ' 158'00 t ' aa� 159.50 A 159.50.4"," . / 0 157 { 1 - I I 3 159.50.•\� �4 . 4_ A. e .' 10. -14:.. i it r159.50 1 15 �, y �t.9114 ! -�� 15950 ,� - - � � j Z' i ' i, / a' / 3II § b / • j ft.4 IJilililliE 11� r ' I ! °:1. • �t 4 0 ) 1 ' 1 �� I � I LEGEND] O GENERAL KEYNOTES: • i IJ COKRETE 1. CREBPUY CUST04 NATURE IIIE11♦D U8HOU E '] T. REDW000 LOG NITIi TREE STUMP STA6T5,SUDE,CLIMBING WALL AN0 CARVED CHAIR PER 1/C3.8 1 3. LOG STRUCTURE SWING SET PER 8/C3.8 .(YY\ MARC TREE GROVE EDGE 4. NATURE PLAY TOT LOT PLAYGROUND,2-5 YR.AGE CROUP.12'DEEP ENGINEERED yp(,♦)FIBER SURFACING DIMMED R gyp@ �.n'n AGENDA ITEM NO. 2-B - CITIZEN COMMUNICATION DATE: March 22, 2016 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: S Coq n o:n W, FS?)n CPi'voq--(- • Also,please spell your name as it sounds,if it will I (e•-(±-0 etri S Sc� help the presiding officer pronounce: Address ( Z(s`t 3 s vd 13 s Th,tv 2 _ City t, 0)6_44 State 012— Zip 7 2-23 Phone No. 60 3 261 3 `-10 3Q7 Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION AIS-2614 3. A. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •February 9, 2016 •February 23, 2016 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Feb. 9, 2016 Minutes Feb. 23,2016 Minutes III ,i City of Tigard Tigard City Council Meeting Minutes TIGARD February 9, 2016 STUDY SESSION A. COUNCIL LIAISON REPORTS: Council President Snider reported on the PRAB meeting where he shared council's goals with them as they worked on their own goal setting. He said the representative from CPO4M was present advocating for the R-12 property near Fred Meyer to become a park. Councilor Goodhouse relayed the Washington County Coordinating Committee meeting discussion on the SW Corridor project's last mile,with options to go to Bridgeport, downtown,through the Tigard Triangle or other possible connections to Sherwood,Wilsonville or Tualatin.The MSTIP overall map was approved. Councilor Henderson attended the Regional Water Providers meeting where the guest speaker talked about emergency preparedness and gave some information on how the federal government forecasts. He passed out some emergency preparedness calendars he received. Councilor Henderson noted that he watched a video of the February 2 meeting where he was not in attendance and asked about material council took a few minutes to read during the public hearing. Mayor Cook said it contained findings for a quasi-judicial hearing which was the route council chose to take with the R-12 zoning hearing. They received it just prior to the meeting so they needed to take time to read it. Councilor Henderson requested a copy. Mayor Cook noted that this time on the Study Session agenda is for liaison reports and suggested other topics be presented at another time. City Manager Wine said televised council meetings are live streamed and are also available on the TVCTV website within a few days and asked Councilor Henderson if he always wanted a DVD or audio tape after each meeting. He said he would like one when he misses a meeting. Councilor Woodard said he will be meeting with a few members of the Intergovernmental Water Board this week to discuss future water supply. City Manager Wine said if there is a separate venue they would like to get together and hold a dialog,Public Works Director Rager has been involved. She said the city would like to know what their interests are. Councilor Woodard will report back to council. Mayor Cook reported on an ODOT ACT 1 meeting. The 400 percent project list was judged and ranked. Washington County and Sherwood put in requests. Washington County's project was number one on the 150 percent list (safety crossings on Tualatin-Valley Highway between Beaverton and Hillsboro). TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 12 B. BRIEFING ON CAPITAL IMPROVEMENT PLAN PROJECTS City Engineer Faha gave an update on the status of Capital Improvement Plan (CIP) project status for the second quarter of FY 2016. She noted that the PowerPoint was in the council packet for prior review. She described the number and type of projects the Engineering Department is working on. Where there was a"yellow light"indicated for budget or schedule she described the issues and solutions engineering is working on. The Tigard Street Trail is awaiting a grant. Under streets projects Engineer Faha mentioned that staff was at a closing meeting today for the Pacific Highway/Gaarde/McDonald intersection. Council asked about receiving funds back from ODOT and she heard that there may be $350,000 coming back to the city. Councilor Goodhouse asked about the piece of property on the southeast corner. City Manager Wine said ODOT has a property disposal process and a non-profit expressed interest which was forwarded onto ODOT. Council President Snider said he thought the city had an interest and City Manager Wine said there was not a transportation purpose for it. The Hunziker Core/Wall Street is yellow because staff is waiting to see if there is a grant because this was not in the CIP. The 95th Avenue and North Dakota bid came in below the engineer's estimate but the city will have to draw from some contingency funding because the right-of-way procurement process has been more expensive than planned. She said staff will try to get more money from the CDBG program. City Engineer Faha said water projects have been reordered. The 550 foot Zone Connection to Price reservoir project was conceived as a water source for River Terrace but since River Terrace is moving at such a fast pace, the Cach reservoir and pump station design process has been moved forward. Price reservoir was a stop-gap measure and Cach is actually closer to River Terrace. The Red Rock Creek waterline project needs to move forward with the Hunziker and Wall Street projects. Under Sanitary Sewer Projects,City Engineer Faha said CWS is able to help to a greater extent with funding the East Tigard sewer replacement which is underway. She noted that River Terrace Stormwater Implementation is still under study. An internal summit meeting is scheduled this week to discuss options for serving that area as initial cost estimates are very high. City Manager Wine said focus group dialogs indicate many residents do not understand storm water. Councilor Goodhouse said a white board video would help people understand the concepts. The Exterior Wall Repairs for the Permit Center/City Hall/Police Building are very close to complete. Mayor Cook commented on the improved lighting and he liked the crosswalks to the parking lot. Councilor Goodhouse said the landscaping is attractive. The Citywide Facilities Plan RFP garnered only one response and it was not responsive. City Manager Wine noted good participation in the pre-proposal conference but unfortunately they did not submit bids. As council knows from discussions during the community recreation center process,the facilities plan will be quite comprehensive. Staff will reissue an RFP. There is only a budget for a concept design on police locker rooms. City Engineer Faha finished her report with some interesting photos from the December 2015 storm event and noted that some of the runoff from tributaries was more intense than the 1996 flooding. TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 12 Administrative Items: City Manager Wine said she has been asked by staff about shared liaison assignments and what should be put on council calendars. Mayor Cook said with any liaison meeting,you do not have to attend but if you cannot make the meeting and wish it to be covered,the councilor shall arrange for the alternate to attend. City Manager Wine distributed the city's federal and state legislative agenda and reminded council that they adopted this in December and it can be a guide when in venues talking about Tigard's priorities. She advised that if there is a new issue for which one councilor wants to advocate,a discussion should be held first with all five councilors about adding it to the agenda. 1. BUSINESS MEETING—February 9,2016 �J A. At 7:39 p.m. Mayor Cook called the Tigard City Council to order. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked Council and Staff for any Non-Agenda Items. None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication: None B. Tigard High School Student Envoy—ASB Student President Azbari gave a report on Tigard High School activities. The senior citizens prom went well and had over 120 attendees. It is Human Rights Month at the high school. The Poetry Slam was held January 21 and was a huge success. The Tigerettes received first place in a competition. She said there is a wall display at Tigard High called The Path Forward,which showcases students who met with and succeeded against adversity. C. Tigard Area Chamber of Commerce— Fl CEO Debi Mollahan said their weekly Thursday morning meeting locations and several after-hours events are listed on their website: tigardchamber.org. Bowlorama is on March 5. The Shining Stars 60th anniversary event is scheduled for April 29 and the theme is Diamonds are Forever. The Tigard TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 12 Farmers Market will open two weeks earlier in April with a Kids Sprouts community garden on site. The downtown Art Walk will be on May 14. D. Citizen Communication—No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: October 27,2015 January 12,2016 Councilor Goodhouse moved to approve the Consent Agenda and Council President Snider seconded the motion. The motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 4. BRIEFING ON COMMUNITY DEVELOPMENT COST OF SERVICE STUDY Assistant Community Development Director McGuire presented this agenda item on potential changes to land use application fees. He said it has been at least six years since fees were examined. Over the years council has asked questions about application and other fees so over the past few years staff conducted a cost of service study. He referred to Table 2 in the council packet summary which looked at seven land use review types. It lists costs to process the applications and includes community development and engineering staff time spent, compared to the current fee. For major reviews (conditional use permits, subdivisions, site development reviews,etc.) there is just less than 100 percent cost recovery. For minor reviews such as minor modifications and home occupation permits the current fee is less than the cost of staff time so these are subsidized by the general fund. Staff compared Tigard's fees with regional neighbors and found that the city's fees are fairly close,with pre-application conference fees higher.Variances for example,were lower. Mr. McGuire said Tigard is in the middle, or slightly over the regional average. He said there are several policy issues coming into play. Portland tries to achieve 100 percent cost recovery but TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 12 most cities do not,based on the assumption that land use reviews provide public benefit so some subsidy makes sense. Issues to consider include cost averaging. Mr. McGuire said there is a wide range in what the city spends conducting pre-application conferences. He gave the example of a HOP (home occupation permit) for a resident to cut hair in their home,requiring the services of one planning staff person for a 20-minute conference to go over regulations and application requirements. But a pre-application conference for a large, complex subdivision may require five to ten city employees to attend (engineering,public works,planning,permit technicians). There is quite a range in what the city spends conducting pre-aps and cost averaging narrows down the wide discrepancy to an average. This is why the city hears about the cost from some of the smaller applicants. Incentives and disincentives were discussed. There may be some applications that council may want to lower fees on to provide an incentive while charging full cost to those where a disincentive is desired. Under state law the city cannot charge more than full cost recovery. Mr. McGuire said low income or reduced income cost subsidies could be considered but it may be more efficient to look at fee waivers in those instances. Assistant Community Development Director McGuire referred to the Matrix on page 6 of the study.Taking the study into consideration staff reviewed the existing fee schedule and identified six fees for refinement. Looking at all six and calculating by the number of 2015 cases processed led to a revenue impact between- $58,000 to$116,000. The range is due to nine planned developments primarily because of River Terrace. Three is the average annual number of planned developments. Mayor Cook was pleased this is being examined. He said he gets many questions on the pre-aps and home occupation permits. Councilor Woodard asked if staff required more time to track actual costs and Assistant Community Development Director McGuire said he felt they were close and staff were comfortable with the data. He clarified for Councilor Woodard that the proposed subdivision fee is what will be charged for subdivisions and the planned development fee,which used to include the addition of a subdivision fee,will simply be the $9,286 planned development fee plus $93 per lot. Council President Snider asked if the staff hourly rates were fully loaded with wages, benefits, and depreciation on computers, etc. Mr. McGuire confirmed for council that the staff hourly rates listed include the full city cost,including allocation. Councilor Goodhouse expressed support for not charging home businesses so much. Council President Snider asked Assistant Community Development Director McGuire if the proposal is more logical and rational. Mr. McGuire said it is and staff is more comfortable with these numbers. Mayor Cook commented that staff did a great job on this study. TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 12 Council President Snider said he was favorable towards a low-income reduction or subsidy. Assistant Community Development Director McGuire said the city does not currently have that in place for land use. He said asked for clarification on whether a waiver was desired for low- income,non-profit, or both. City Manager Wine asked him for an example of each. He said the city receives requests for both and a waiver for a Little League sign would be for a non-profit versus a request for a home occupation permit from a low-income applicant who is not part of an organization. Council President Snider said non-profit organizations vary greatly and some non-profits are large with billions of dollars in revenue so it did not seem to him that those larger organizations would need a fee waiver. Mayor Cook suggested not using the language that all non-profits are eligible for a fee waiver. Councilor Snider brought up an example of a large social service non-profit needing regional warehouse space to store furniture they give away and thought in that case,a fee waiver might be appropriate. Mr. McGuire said staff will return with draft language on the non-profit fee waiver. Council President Snider said the low income qualification is also being evaluated by the city's recreation coordinator and suggested staff share information on how to evaluate a low-income fee subsidy. Staff will return in June with a recommendation for proposed land use and permitting fees. 5. INFORMATIONAL PUBLIC HEARING:APPROVING A RESOLUTION ADOPTING A FY 2016 SECOND QUARTER BUDGET SUPPLEMENTAL a. Mayor Cook opened the public hearing. b. Staff Report: Senior Management Analyst Collins gave the staff report on revenues and expenses that were unknown at the time of budget adoption and are accounted for in the second quarter supplemental amendment. The adopted budget requirements will be increased by$127,793 and are offset by additional resources including grants and the contingency. She pointed out the FTE-related requests. One is a 1.0 FTE transit officer for TriMet. They will reimburse Tigard for the entire cost,pro-rated for the fourth quarter. There is also a .20 FTE request to add to a .80 accountant in the Finance Operations Division due to increased workload demand primarily in reporting requirements for grants and the capital improvement program. c. Public Testimony—No one signed up to testify. d. Council Questions: Senior Management Analyst Collins clarified for Councilor Woodard that the amount in General Fund Resources—Intergovernmental included the TriMet officer and some smaller grant amounts including one for CERT supplies. Mayor Cook asked about the$5,225 used for installation of Summerlake playground equipment which he thought was in last year's budget. Senior Budget Analyst Collins said she understood that Public Works wanted to use revenue from the sale of some playground equipment to pay for installation but that revenue was not dedicated and went into the general fund. She will ask the Public Works staff and get back to council with a TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 12 clarification. She verified for Councilor Henderson that the amount for the TriMet officer is a reimbursement and the Police Department will have to spend the money on the position and then request reimbursement from TriMet. e. Mayor Cook closed the public hearing. f. Council Deliberation: Council President Snider moved to approve Resolution No. 16-04. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the Resolution. Resolution No. 16-04— A RESOLUTION TO AMEND THE FY 2016 ADOP l'ED BUDGET TO ACHIEVE THE FOLLOWING: RECOGNITION OF GRANT REVENUES AND EXPENSES ALONG WITH BUDGET ADJUSTMENTS IN PUBLIC WORKS, COMMUNITY SERVICES,POLICY AND ADMINISTRATION,AND THE CAPITAL IMPROVEMENT PROGRAM Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 6. CONTINUED DELIBERATION—APPROVING AN ORDINANCE ESTABLISHING TMC 3.75 PARKS MAINTENANCE FEE AND APPROVING A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE a. Mayor Cook announced that the public testimony portion of the public hearing has closed and council is now at the deliberation phase. b. Staff Report: Finance and Information Services Director LaFrance gave a brief synopsis. He said this is a continuation of a process that began last spring and included four Budget Committee meetings, two Council workshop meetings and one-half of a business meeting public hearing. During the budget process bold initiatives were brought forward by the Budget Committee to do something about steadily eroding service levels. Tigard has not been able to expand staffing to meet the demands of a growing city and so there was a proposal to remove parks maintenance from the general fund and consider a parks maintenance fee as part of the budget process. He said staff prepared an ordinance for council to consider that will establish a parks maintenance fee through Chapter 3.75 in the Tigard Municipal Code and a resolution setting the amount. The amount is based on council deliberations held thus far and is $3.75 for each TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 12 equivalent dwelling unit (EDU). It will generate a little over$1 million in the next year. He said he wanted to be clear that this park maintenance fee pays only for parks. Staff presented seven different options for council to consider,the first being what the city does currently and six options for things the city could be doing in addition. Deferred maintenance (option 2) is included in the $3.75 proposal. Other options included other areas such as park development, recreation funding as identified in the MIG study,and a few other key areas within parks. Council elected not to include these options in the proposal being considered tonight. Finance and Information Services Director LaFrance said a little over$500,000 of the fee will be used on deferred maintenance. This will expand the parks program in Tigard by 20 percent. The other$500,000 will support the current service level. The current parks budget is $2.2 million and this proposed fee would add$500,000,which will pay for parks maintenance and operations,and a small amount of recreation. Tigard will be able to grow park maintenance and take care of some key deferred maintenance. Because the city has not been able to increase service levels along with the amount of added park land there are some crucial deferred maintenance projects. These are things that will become expensive to take care of the longer they go without attention. He said that the current parks budget is $2.2 million and we will be funding$500,000 of that with the parks maintenance fee,which still means that$1.7 million of the parks budget will be funded by the general fund. Based on Budget Committee direction last year,$500,000 of General Fund"savings"have been designated. $100,000 will go towards keeping the library open on Thursdays because even with the majority of funding for Thursdays coming from the WCCLS levy, there is still a$100,000 gap. The remaining$400,000 will go towards General Fund financial stability into the future. This fee will do a lot for the City of Tigard towards Goal 4 of the Strategic Plan—to fund our vision of Tigard while also maintaining our core services. Parks is a core service and we will be able to expand our core services,not to do everything we would like,but there will be some expansion. Mr. LaFrance said what this does not do is take the larger,bolder step proposed by the Budget Committee. By implementing the full amount the city could have begun chipping away at the $1.7 million spent on parks in the general fund. He said the discussion will continue at the Budget Committee hearings as staff prepares a status quo budget, but the city continues to grow and is facing a continually eroding pattern of revenue for services. c. Council Deliberation: Mayor Cook said he has heard some ideas from council and suggested everyone put forth their proposals for discussion. Councilor Henderson said his concern is how this is reflected. He suggested looking back at the pavement management program which was a specific ask for a specific program. He said this is funding a myriad of things. He did not feel it was wise or sound to collect a fee from the community and say it is a parks maintenance fee if it is really funding recreation or other programs. He did not understand the benefit of collecting non-residential fees. He said it would be easier to collect$4.12 from residents only,not from businesses. Councilor Woodard recommended naming it a park and recreation fee and including$160,000 of defined funding for recreation. TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 12 Mayor Cook suggested deferred park maintenance would be submitted as a white paper and considered together with all other budgetary proposals such as more police officers,a code enforcement officer or the library. He suggested the Budget Committee should decide what this should fund. He said he is willing to support the$3.75 fee for now because it buys the city time before going out for a levy. He said he is not willing to specify how it should be spent. Council President Snider said he agreed with the mayor's proposal but with$100,000 designated to the library. Councilor Goodhouse said he would like to see a larger fee amount phased it in over a five-year period. He suggested deferring some maintenance while looking at whether the city needs another police officer or other staff. He suggested a$1.5 million amount,phased in. He said the city is trying to free up more general fund money for core services because property taxes are$2 less per thousand than neighboring cities. He said he would not want to see Tigard not have enough police officers on the street. Council President Snider summarized everyone's proposals. • Councilor Henderson is the only one who did not want businesses to pay. Other councilors felt businesses receive some benefit from parks. • All except Councilor Goodhouse think of the amount as a starting point. • Some counciors are looking towards a local option levy in the future. • There are questions about how to allocate the money. • Councilor Woodard wants to fund recreation with$160,000 to$200,000. • Mayor Cook proposes that the Budget Committee make decisions on how to spend anything beyond park maintenance. • Council President Snider agrees with the mayor's proposal except for the library. Councilor Henderson asked how these fund transfers worked. In response, Finance and Information Services Director LaFrance said what the city is doing in FY 2016 is transferring $2.2 million from the general fund to the parks utility fund. If a$3.75 fee was put in place and if the basis was current service levels plus deferred maintenance, there would be slightly over$1 million of fee revenue in FY 17 and so$1.7 million would be transferred from general fund to the parks utility fund. The$1.7 million cannot be used elsewhere. Part of what council directed last year was the fee needed to be paying for something more than just current services. Council President Snider asked,"If we are not spending that$514,000 in deferred maintenance money now,and if a decision was made to not spend it, the number in the parks budget would be$2.2 million. Mr. LaFrance said the city created a fund and transferred$2.2 million. If the Budget Committee decided to add on the$514,000 deferred maintenance,it would be$2.7 million. Council President Snider said based on that information, he proposed that council go with the proposal for a fee to raise $1,014,000 and Councilor Woodard can help make the case in a white paper to put$160,000-$200,000 towards recreation. Recreation should be shown on the pie chart as a separate color. Councilor Woodard supported changing the name to the Park and TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 12 Recreation Fee. Councilor Goodhouse clarified that$100,000 will go towards the library and the remaining$914,000 will be decided through white papers by the Budget Committee. Finance and Information Services Director asked for clarification that the current proposal is for scenario 1 of the 7 scenarios and deferred maintenance (scenario 2)will go before the Budget Committee. He noted that the fee would need to be$5.52 to generate$1.5 million as suggested by Councilor Goodhouse. Mayor Cook and Council President Snider said they could agree to that higher amount only if a levy failed. Councilor Woodard said it is easier to ask for $3.75 and go to a levy later. Councilor Goodhouse said he was in favor of the name change, $100,000 for the library, and Budget Committee white papers for the remaining$914,000. A question came up about non-residential fee rounding. Mayor Cook clarified that if a business has less than seven employees, their fee would round down to zero. Councilor Goodhouse asked about a process for a low income reduction. Finance and Information Services Director LaFrance said the current utility billing process could be used and low income citizens could get their fee reduced by one-half. He cautioned that if there is a lot of demand for this reduction it might necessitate reexamining the revenue numbers. City Manager Wine said that what council is voting on tonight is whether to establish a fee and not how to allocate the savings to the general fund. Council President Snider moved to approve Ordinance No. 16-06 with the amendment to change the name of the Park Maintenance Fee in all documents to Parks and Recreation Fee. Councilor Henderson seconded the motion. City Recorder Krager read the number and title of the Ordinance. Ordinance No. 16-06—AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO ESTABLISH A PARK MAINTENANCE FEE (AMENDED TO CHANGE THE NAME TO PARKS AND RECREATION FEE IN ALL DOCUMENTS) Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 16-06 was adopted unanimously. Mayor Cook thanked staff for all their work on this and the public for providing input. He said there will be TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 12 white papers during the Budget Committee hearings and there will also be a proposal later on about putting this entire amount on a levy. This is the first step of a two-or three-step process. Council President Snider moved to approve Resolution No. 16-05 with the amendment that this will be called a Parks and Recreation Fee. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. Resolution No. 16-05—A RESOLUTION AMENDING THE MAS 1'ER FEES AND CHARGES SCHEDULE TO ADD THE PARKS AND RECREATION FEE Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 7. MOTION APPROVING CORREC 1 ED 2015-2017 COUNCIL GOALS City Manager Wine gave the staff report clarifying that some amendments provided by staff were inadvertently left out of Goal No. 4: Enable Groundbreaking in River Terrace by summer 2015. The corrected goals presented tonight include amended objectives and a timeline. She requested that council adopt these amended goals. Councilor Goodhouse moved for approval of the corrected 2016-2017 council goals. Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook V Councilor Goodhouse ✓ 8. NON AGENDA ITEMS There were no non agenda items. 9. EXECUTIVE SESSION None was scheduled. TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 12 10. ADJOURNMENT At 9:31 p.m. Council President Snider motioned for adjournment. Councilor Woodard seconded the motion. Motion passed unanimously. Yes No Councilor Henderson V Council President Snider V Councilor Woodard V Mayor Cook V Councilor Goodhouse V Carol A. Krager,City Recorder Attest: John L. Cook, Mayor Date TIGARD CITY COUNCIL MEETING MINUTES—February 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 12 of 12 City of Tigard • Tigard City Council Meeting Minutes TIGARD February 23, 2016 STUDY SESSION At 6:36 p.m. Mayor Cook called the Study Session to order and announced that the Executive Session called under ORS 192.660(2)(f) - exempt public records was cancelled. COUNCIL LIAISON REPORTS: Councilor Henderson handed out information on the latest FMR (fair market rent) increase and a press release from Senator Merkley announcing $36 million in federal funds to help people stay in their homes and avoid foreclosure. Councilor Woodard reported on a meeting with Ken Henschel and Keith Jehnke of the Intergovern- mental Water Board and wanted to meet with City Manager Wine regarding the notes he took at the meeting. City Manager Wine said Public Works Director Rager has a detailed history of the various Intergovernmental Water Board agreements. She said there is an agreement version control issue that needs to be resolved. When she receives Councilor Woodard's notes she will set up a meeting. Council President Snider offered to join them. Mayor Cook said he went on a tour with Economic Development Manager Purdy to Agilyx,a local company that was turning recycled plastic into oil. With the price of oil at$10 a barrel they now will be using the plant to convert used styrofoam into liquid styrene. Rather than closing down the plant they are converting it for the new process. RECEIVE UPDATE ON METRO IGA FOR DOWNTOWN GRANT AWARD Redevelopment Project Manager Farrelly gave council an update on an Intergovernmental Agreement with Metro for$100,000 in Community Planning and Development Grant (CPDG) funds to complete the downtown Tigard Urban Lofts Development project. He said the IGA will come before council for consideration at a March business meeting. He said council approved the submittal of the CPDG application in May of 2015 to cover pre-development feasibility work for a mixed use/housing development on two downtown sites. The first site is a .45 acre privately owned site fronting Main Street on Commercial Street (Nicoli site). The second is the .81 acre site currently being used as the Tigard Transit Center. The IGA scope of work is similar to the work funded by the CPDG that jump started the mixed use project under construction at Ash Avenue and Burnham Street. Mr. Farrelly said there are three major project components: • Transit Center bus function reconfiguration to include improving transit run times, accommodating bus layovers,a restroom for TriMet drivers and preserving on-street parking opportunities. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 8 • Pre-development feasibility and design concepts for Main Street and Transit Center sites for urban lofts and small apartments. Different scenarios include developing only the Nicoll site, reconfiguring both sites assuming the SW Corridor HCT project moves forward with a station in downtown,and complete development of both sites with no SW Corridor station,but with Transit Center functions reconfigured. • Definition of the Urban Renewal District's role Mr. Farrelly said TriMet is a partner and supports the study. A main objective is that transit operations are not negatively affected by the project. Staff is proposing a$107,559 match in staff time working with the EPA once it is determined if the two sites are eligible for environmental site assessment. In response to a question from Councilor Henderson,Mr. Farrelly said they received input from a consultant. The staff time will include time for Redevelopment Project Manager Farrelly,Community Development Director Asher,City Engineer Faha and an administrative assistant for a period of 18 months. Councilor Henderson asked about the$10,000 from the CCDA budget and Mr. Farrelly said that was a cash match if the city cannot use the EPA grant. Councilor Henderson asked if the CCAC has been informed. CCAC Chair Arendes said they participated in the grant application review and have received regular updates. Council said the IGA may go on a consent agenda. Administrative Items: Metro Councilor Dirksen said Metro has had two bond measures to raise money for parks and open space, one in 1995 and one in 2007. Since then they have purchased 14,000 acres in the Metro region. He informed council about a renewal of the 5-year serial levy for park restoration and maintenance that Metro will be placing on the ballot in November. The current levy funds restoration work and access to those properties. He said Metro desires to keep their parks as natural as possible and keep streams clean. Mayor Cook asked if dogs are allowed in Metro parks and Councilor Dirksen said in order to protect the native wildlife and stream corridors dogs are not allowed. He commented that the major pollutant in the Tualatin River is canine feces. Metro Councilor Dirksen said the 2013 levy has not expired but they need to know if it will be continued in order to make long term plans. The cost is only .0966 cents per thousand.The current levy does not expire for two years and this would extend it. Mayor Cook asked about competition on the November ballot and mentioned Tigard is potentially looking at marijuana and gas tax increases. He added the Tigard-Tualatin School District is also going out for a bond measure in November. Metro Councilor Dirksen asked the council if they had any concerns and whether they would support it. Councilor Henderson said Tigard has its own park maintenance fee because the city wants to activate their park purchases under its park bond. City Manager Wine said a decision about whether Tigard should increase its gas tax will come to council in the next few weeks but putting it on the May ballot is unlikely due to election deadlines. She noted that council had several questions from their February 16 discussion and staff had about half of the answers. Mayor Cook noted that Portland has a gas tax on the May ballot and City Manager Wine noted they have received a challenge to their ballot title. The Study Session ended at 7:22 p.m. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 1. BUSINESS MEETING A. At 7:33 p.m. Mayor Cook called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called to Council and Staff for Non-Agenda Items. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication -None. B. Citizen Communication—Sign-up Sheet. No one signed up to speak 3. CONSENT AGENDA: (Tigard City Council) A. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH METRO FOR THE FRIENDS OF BULL MOUNTAIN PARK IMPROVEMENTS B. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH METRO FOR TIGARD TRIANGLE GRANT AWARD Council President Snider moved for approval of the Consent Agenda as presented. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY COUNCIL MEETING MINUTES— February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 3 of 8 4. APPROVE LIBRARY BOARD APPOINTMENT OF ALTERNATE MEMBER TO VOTING MEMBER Library Director Barnes gave the staff report.Alternate Roake Van Brunt is being recommended to fill a voting member vacancy on the Library Board. Councilor Woodard moved to approve Resolution No. 16-06 and Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 16-06—A RESOLUTION APPOINTING ROAKE VAN BRUNT TO THE TIGARD LIBRARY BOARD TO FILL A CURRENT VACANCY WITH A TERM EFFECTIVE IMMEDIA 1'ELY THROUGH JUNE 30, 2019 Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ 5. DISCUSSION OF UPCOMING CONTRACTS—95TH AND NORTH DAKOTA SIDEWALK INFILL Public Contracts Manager Barrett and Engineering Project Coordinator Peck presented this agenda item for a contract to complete missing links in the sidewalk network along one side of North Dakota Street and 350 feet along 95th Avenue. This infill is important to Tigard's walkability. The contract will come before council for consideration on March 8. Mr. Barrett said an invitation to bid was issued on January 20,2016 with an engineer's estimate of $149,583. Eight bids were received with the lowest being Lyda Excavating at$123,315. Staff reviewed the bids and found them responsive. The low bidder was contacted because their bid was 17.5 percent lower than the estimate and they are comfortable with their proposed numbers. There are no disciplinary findings against them either with BOLI or the Construction Contractors Board. He said the project budget is $187,000 and has CDBG grant money through an intergovernmental agreement with Washington County. Due to higher than anticipated right-of-way costs the city will need additional funds. Staff anticipates a budget request of roughly$38,000 from the gas tax contingency to complete the work. Mayor Cook said it seems when the city is short of money for projects that the easy answer is to take it out of the gas tax fund. He argued that the gas tax fund contingency is not large enough. Public TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 Contracts Manager Barrett said it was suggested because the money is available and the project can then move forward. He said staff may request additional Community Development Block Grant (CDBG) funding. Councilor Henderson said he did not know where more CDBG money would come from. He asked about the linear foot cost for sidewalks estimated during a discussion on walkability. It was $1,000 per foot then but this bid lists $200-250 per foot. He asked if this was due to the project being on flat ground. Mr. Barrett said he will discuss this with project staff and said he too was surprised at the price. Mayor Cook requested that photos of the project be included in the next staff report. 6. CONSIDER ANNEXATION INCENTIVES RESOLUTION eAssistant Community Development Director McGuire gave the staff report. Council discussed this at their February 16 workshop meeting and recommended that staff add the words, "for a period of five years" to Section 1 of the resolution and bring it forward for council consideration. The specific language was added to the resolution. Based on council's discussion staff recommends approval of the resolution. Councilor Woodard moved to approve Resolution No. 16-07. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 16-07—A RESOLUTION AMENDING RESOLUTION NO. 07-13 TO EX PEND THE INCENTIVES FOR VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2017 Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Henderson asked how staff intends to get the word out to the community. Councilor Goodhouse suggested sending notification to those residing in islands and nearby unincorporated land. Mayor Cook recommended a Cityscape article and commented that it is available online to both residents and non-residents. Councilor Henderson suggested also sending this information to the CPOs for their newsletters. City Manager Wine said a letter was sent to all affected property owners in 2007. She asked Assistant Community Development Director McGuire to look into the time and costs involved to do that outreach again,prior to sending out the mailing. TIGARD CITY COUNCIL MEETING MINUTES—February 23,2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 8 7. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT STATUS DISCUSSION Associate Planner Grass gave the staff report on this item. Her PowerPoint presentation has been added to the packet. She gave an overview of the Community Development Block Grant (CDBG) program and Tigard's entitlement status. The CDBG program is a flexible funding program that helps communities address a wide variety of community development needs. Tigard is currently a member of a consortium with Washington County which was created in 1979 because no single city met the population threshold to become an individual entitlement jurisdiction. Over time, different cities have achieved the 50,000 population threshold. Beaverton chose to become a direct entitlement and Hillsboro chose to become a joint entitlement jurisdiction. Because Tigard has reached the population threshold of 50,000 there is a major decision to make.There are three options: • Go out on our own as a standalone grantee • Joint entitlement(Like Hillsboro,remain within the consortium but a portion of money is set aside for projects.) • Status quo (Funds remain in the consortium and the city participates in the county decision making.) A staff team consisting of members from the Community Development,City Management,Public Works and Finance Departments was formed to consider options. External partner Jennie Proctor from Washington County was also involved. Ms. Grass said a detailed analysis is included in the packet and summarizes key differences in administrative responsibility required, competition for projects,participation on the Policy Advisory Board, staff impacts and impacts to social services. The staff recommendation is to remain within the county consortium. Three reasons to stay with the existing program are: • Tigard has been successful in the competitive funding process.A complete list of projects was included in the packet for this agenda item. • Impacts to Social Service Providers—More applications are received than can be funded. If Tigard were to go out on its own it would make residents ineligible for county-funded services and programs. The city would not be able to backfill that with a program it could manage as a direct-entitlement jurisdiction.There would be an additional burden for service providers who would need to keep track and apply separately to the city for funding. • The city could get a larger project funded than if it was a direct entitlement jurisdiction. A list of potential projects is included in the council packet. • Becoming a joint entitlement entity would means funds are combined with the Washington County program. Hillsboro currently operates under this type of program. It would require spending money received in a more timely manner and the city would be limited to a set amount of funding. Hillsboro is considering leaving this program. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 8 Associate Planner Grass asked council if they had any direction for staff on which of the three options was preferred. Council President Snider asked if Beaverton and Hillsboro had concerns about their choices. Ms. Grass said she has not asked that question of them but noted that Beaverton had challenges in the first few years setting up their program. Councilor Henderson commented that Hillsboro has twice the population of Tigard and it would take a lot of staff time to create the joint or standalone program. He said he participates in monthly CDBG meetings and it is overwhelming just keeping up with constantly changing federal rules. He remarked on the decreasing funds available over the years and said he has been encouraging legislators to increase CDBG funding. He preferred the consortium because it is a community program that can include smaller cities. Problems do not just stay in one area and we can work together as a larger community. He said staff's suggestion to stay with this program is wise and sustainable. Council President Snider agreed that the status quo is a logical choice. Councilor Woodard clarified what services residents might lose if Tigard became ineligible for county funds. Ms. Grass responded that the services change from year to year and include things such as rent and utility assistance. Jennie Procter from Washington County was present and spoke about projects that were funded by CDBG this year and those that were not. Councilor Snider asked what the decision timeframe would be and Associate Planner Grass replied three years, from 2018-2021. She explained that the reason they are doing this early is that the city will need implementation time if council desires a different option than the status quo. Mayor Cook said the council consensus is to move forward with the option to stay in the Washington County consortium. Staff will bring back an agreement for council approval at a future council meeting. Councilor Henderson complimented Associate Planner Grass's work preparing this proposal. 8. NON-AGENDA ITEMS None. 9. EXECUTIVE SESSION: None. 10. ADJOURNMENT At 8:28 p.m. Councilor Goodhouse moved to adjourn. Council President Snider seconded the motion and all voted in favor. TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Carol A. Krager,City Recorder Attest: John L. Cook, Mayor Date TIGARD CITY COUNCIL MEETING MINUTES—February 23, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 8 AIS-2576 3. B. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): Consent Item Agenda Title: Proclaim April as Arbor Month Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook proclaim April as Arbor Month? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends issuing the proclamation. KEY FACTS AND INFORMATION SUMMARY The city has a robust Arbor Month celebration planned with public events and educational adventures planned for residents. Arbor Month also supports Tigard's continuing role as a Tree City USA city and celebrates the importance of urban greenery in the community. OTHER ALTERNATIVES Mayor Cook could choose not to issue the proclamation. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Arbor Month has been declared in Tigard by our Mayor for multiple years and is part of his annual tree planting event with school children in Tigard. Attachments Arbor Month Proclamation -': t s Ad, " .: 411c) ,,,, :I , Ili , A AC/01 MO , City of Tigard T ARBOR MONTH • Whereas, In 1872,Arbor Day, a special day set aside for the planting of trees,was first celebrated in Nebraska; and 7 Whereas,Tigard's urban forest is part of a larger ecology that spans from mountains , to ocean and is integral to our region's environmental quality; and Whereas,our urban forest includes a diversity of public and private trees that grace -. ' our streets, yards, parks and greenways, provide habitat for wildlife,soften '. - hardscapes, clean the air, protect water resources, and ensure that everyone can "<i , experience natural beauty where we live,work and play;and , . I Whereas,the City of Tigard recognizes that our urban forest is a necessity and is an _: ::- 1 integral part of the city's infrastructure, and Whereas,we are committed to providing resources to maintain and enhance the ' urban forest;and vs Whereas,people of all ages and backgrounds, including citizens, civic organizations, businesses, and government agencies, have formed partnerships to participate . . actively in the stewardship and caretaking of Tigard's urban forest. NOW THEREFORE BE IT RESOLVED that I,John L.Cook, Mayor of the City of Tigard,Oregon,do hereby proclaim the entire month of April 2016 as, ARBOR MONTH '• in Tigard, Oregon and encourage people throughout the city to become more involved with the planting and stewardship of the urban forest throughout 2016. Dated this day of 2016 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the x City of Tigard to be affixed. . e,-- , John L. Cook, Mayor City of Tigard 1,:,_\,:...,``" Attest: . b, '' City Recorder it, 4-:. .., s " 'k4- `1. .'"r ti ' 1: t ': ,.. AIS-2603 3. C. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): Consent Item Agenda Title: Proclaim April as Alcohol Awareness Month Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook proclaim April as Alcohol Awareness Month as requested by Tigard Turns the Tide? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY On March 7 Patti Atkins, APR Community Outreach and Communications staff member with Tigard Turns the Tide, a drug and alcohol prevention coalition with the Tigard Tualatin School District,asked Mayor Cook to issue a proclamation to raise awareness of April as National Alcohol Awareness Month. Tigard Turns the Tide has worked extensively with youth in the school district and says teen use of alcohol often leads to addiction and future substance abuse. The coalition would like Tigard parents to know that alcohol is a problem locally and that they can greatly influence their kids by "talking early and talking often." OTHER ALTERNATIVES Not issue the proclamation. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first request for a proclamation. However, Councilor Henderson volunteers on the Tigard Turns the Tide board and the city is supportive of the group's efforts to educate youth about drug and alcohol abuse. Attachments Alcohol Awareness Proclamation ..,.,......,..i. , r� %'(ye / hQfl 0, c Cit}of Tigard n •i Alcohol Awareness Month s April 2016 WHEREAS, alcohol is the most commonly used addictive substance in the •. United States and is a primary factor in the four leading causes of death for �. young people ages 10-21; and .F - 4st k. Y WHEREAS,young people who begin drinking before age 15 are four times more likely to develop alcohol dependence than those who begin drinking at age 21; `;-- .„;_ - and WHEREAS,the typical American will see 100,000 beer commercials before he or . , ' she turns 18: and I'';. '.. WHEREAS,kids who drink are more likely to be victims of violent crime,to be • ^ , involved in alcohol-related traffic crashes,and to have serious school-related problems; and I"-1-_ ` w � ,, -. z.' WHEREAS, a supportive family environment is associated with lowered rates of +0,• alcohol use for adolescents and can influence a child's decision about whether or not to use alcohol and drugs; and " 1 . WHEREAS, kids who have conversations with their parents and learn a lot about ': '. the dangers of alcohol and drug use are 50% less likely to use alcohol and drugs 1. than those who don't have such conversations. ;\f NOW THEREFORE BE IT RESOLVED THAT I,John L.Cook,Mayor of the City of 1 ~'"'' Tigard,Oregon,do hereby proclaim April 2016 as k,.:,., :.1"?'..t1: '.-''''r!.:: ALCOHOL AWARENESS MONTH • in Tigard,Oregon and in keeping with the National Council on Alcoholism and Drug • ----•.t_: Dependence and Tigard Turns the Tide, urge all residents, public and private '""'f._ institutions, businesses, hospitals and schools in Tigard to support efforts that will provide early education about alcoholism and addiction and increase support for individuals and families coping with alcoholism. aw '`,, Dated this day of ,2016. 44101 - ,' IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. I' 4 '44 1 AN k John L. Cook, Mayor City of Tigard *� Attest: •• City Recorder I ,': AIS-2575 3. D. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): Consent Item Agenda Title: Proclaim April as Fair Housing Month Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook proclaim April as Fair Housing Month in Tigard? STAFF RECOMMENDATION / ACTION REQUEST Issue the proclamation. KEY FACTS AND INFORMATION SUMMARY The City of Tigard is committed to equal opportunity and housing choices for all its residents and we're working with our partner agencies in the region to combat discrimination and other impediments to housing choices. This includes work by the Tigard Police Department and their free landlord symposiums and trainings as well as the Community Development department's advocacy for increased affordable housing and the elimination of barriers to fair housing for all. OTHER ALTERNATIVES Mayor Cook could decide not to issue the proclamation. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS n/a DATES OF PREVIOUS COUNCIL CONSIDERATION Last year the City Council endorsed City Hall as a stop for the county's Fair Housing traveling display so that the public could see the challenges facing all the communities in the region. Attachments Fair Housing Month Proclamation 411* >, a �� I 44) ( (0)C ( IWO Ait e , AL,Itv „rat City of Tigard p « >, Fair Housing Month r April 2016 WHEREAS,April marks the anniversary of the passage of the Fair Housing Act of 1968,which sought to eliminate discrimination in housing opportunities and to .. ...'• affirmatively further housing choices for all Americans; and Y WHEREAS,the ongoing struggle for dignity and housing opportunity for all is not V" the exclusive province of the Federal government; and M WHEREAS,vigorous local efforts to combat discrimination can be as effective, if ,,. not more so,than Federal efforts; and .r ' WHEREAS, illegal barriers to equal opportunity in housing, no matter how subtle, '4_-i diminish the rights of all; NOW THEREFORE BE IT RESOLVED THAT I,John L.Cook, Mayor of the City of Tigard,Oregon,do hereby proclaim April 2016 as FAIR HOUSING MONTH in Tigard,Oregon and urge all residents,agencies, institutions and individuals, public and private,to abide by the letter and the spirit of the Fair Housing law. Dated this day of , 2016. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. John L. Cook, Mayor City of Tigard Attest: -_7- City Recorder �h i Y._ .€ 11 pL45 ii. r',,i,._ 7:-.-,\IV4i'VIV-c-i'.. -.'f' "Ji.li::::::. - t 1 �,.U4-21,-,4.- \,.yG 4 Yom'" i } !1 ..'v. '--1 N' `J� . AIS-2480 4. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): 35 Minutes Agenda Title: Legislative Public Hearing: Consider Ordinance Amending TMC Chapter 15.20 Street Maintenance Fee Prepared For: Toby LaFrance Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing - Legislative Meeting - Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: __.._..__._._._ .._ _ .. Information ISSUE Shall Council adopt an ordinance amending TMC 15.20 Street Maintenance Fee STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the ordinance amending TMC 15.20 Street Maintenance Fee KEY FACTS AND INFORMATION SUMMARY The Street Maintenance Fee (SMF) is a fee that is charged on the utility bill to residents and businesses. The SMF pays for the Pavement Management Program (PMP) which is responsible for maintaining Tigard's streets in good condition. The SMF also pays for a small amount of maintenance in the Right-of-Way (ROW). The ROW maintenance keeps plantings in and around street curbs and medians. In January, March, and September 2015, Council discussed the SMF and provided staff with policy direction on several issues. The policy direction was aided by outreach to the community through surveys and meetings. Some of the policy changes require a change to the TMC 15.20 Street Maintenance Fee. The key changes will: • 1. Businesses are charged for the required number of parking spaces for the business. The required parking is used as a proxy for the number of trips that the business generates on Tigard's roads. Occasionally, changes are made to the code that alters the number of required parking spaces for a type of business. The amended TMC 15.20 will fix the required parking spaces to the code that went into effect on February 2014. 2. Currently, large businesses are capped at 250 required parking spaces. The amended TMC 15.20 will remove the cap charged to individual large businesses, yet maintain the cap for the purpose of calculating the fee for the commercial class of customers. 3. The current code was written prior to certain ADA requirement went into effect. The code will be amended to clarify when work can be performed on sidewalks and funded through the SMF. OTHER ALTERNATIVES Council can choose not to pass the amendments to TMC 15.20 Street Maintenance Fee COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Strategic Plan Goal 4: Fund the vision while maintaining core services DATES OF PREVIOUS CONSIDERATION January 27, 2015 March 17, 2015 September 15, 2015 Attachments Ordinance TMC 15.20 with Proposed Changes Marked AGENDA ITEM No. 4 Date: March 22, 2016 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — Consider Ordinance Amending TMC Chapter 15.20 Street Maintenance Fee This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 4 March 22, 2016 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. DOJ/DOT on Requirement yfT pp beets, Roads, or Highways ar... Page 1 of 2 FOR Mi o-h 22p201.‘ Ayeat f�e 6 . Y • �� (AAT OF MEETING k ;' U S Department of Justice Civil Rights Division U.S. Department of Transportation ter' Disability Rights Section 40 Federal Highway Administration Department of Justice/Department of Transportation Joint Technical Assistance.- on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing Title II of the Americans with Disabilities Act(ADA)requires that state and local governments ensure that persons with disabilities have access to the pedestrian routes in the public right of way.An important part of this requirement is the obligation whenever streets,roadways,or highways are altered to provide curb ramps where street level pedestrian walkways cross curbs.- This requirement is intended to ensure the accessibility and usability of the pedestrian walkway for persons with disabilities. An alteration is a change that affects or could affect the usability of all or part of a building or facility.- Alterations of streets,roads,or highways include activities such as reconstruction,rehabilitation,resurfacing,widening,and projects of similar scale and effect.= Maintenance activities on streets,roads,or highways,such as filling potholes,are not alterations. Without curb ramps,sidewalk travel in urban areas can be dangerous,difficult,or even impossible for people who use wheelchairs,scooters,and other mobility devices.Curb ramps allow people with mobility disabilities to gain access to the sidewalks and to pass through center islands in streets.Otherwise,these individuals are forced to travel in streets and roadways and are put in danger or are prevented from reaching their destination;some people with disabilities may simply choose not to take this risk and will not venture out of their homes or communities. Because resurfacing of streets constitutes an alteration under the ADA,it triggers the obligation to provide curb ramps where pedestrian walkways intersect the resurfaced streets. See Kinney v.Yerusalim,9 F 3d 1067(3rd Cir. 1993). This obligation has been discussed in a variety of technical assistance materials published by the Department of Justice beginning in 1994.- Over the past few years,state and local governments have sought further guidance on the scope of the alterations requirement with respect to the provision of curb ramps when streets,roads or highways are being resurfaced. These questions have arisen largely due to the development of a variety of road surface treatments other than traditional road resurfacing,which generally involved the addition of a new layer of asphalt. Public entities have asked the Department of Transportation and the Department of Justice to clarify whether particular road surface treatments fall within the ADA definition of alterations,or whether they should be considered maintenance that would not trigger the obligation to provide curb ramps. This Joint Technical Assistance addresses some of those questions. Where must curb ramps be provided? Generally,curb ramps are needed wherever a sidewalk or other pedestrian walkway crosses a curb.Curb ramps must be located to ensure a person with a mobility disability can travel from a sidewalk on one side of the street,over or through any curbs or traffic islands,to the sidewalk on the other side of the street.However,the ADA does not require installation of ramps or curb ramps in the absence of a pedestrian walkway with a prepared surface for pedestrian use. Nor are curb ramps required in the absence of a curb,elevation,or other barrier between the street and the walkway. When is resurfacing considered to be an alteration? httn•//txnxnxr arla nnv/rini_ffhxxra_ta htm 1/1/1t11 JOT on Requirements to Provide Curb Ramps when Streets,Roads, or Highways ar... Page 2 of 2 • Resurfacing is an alteration that triggers the requirement to add curb ramps if it involves work on a street or roadway spanning from one intersection to another,and includes overlays of additional material to the road surface,with or without milling. Examples include,but are not limited to the following treatments or their equivalents:addition of a new layer of asphalt,reconstruction,concrete pavement rehabilitation and reconstruction,open-graded surface course, micro-surfacing and thin lift overlays,cape seals,and in-place asphalt recycling. What kinds of treatments constitute maintenance rather than an alteration? Treatments that serve solely to seal and protect the road surface,improve friction,and control splash and spray are considered to be maintenance because they do not significantly affect the public's access to or usability of the road. Some examples of the types of treatments that would normally be considered maintenance are: painting or striping lanes,crack filling and sealing,surface sealing,chip seals,slurry seals,fog seals,scrub sealing,joint crack seals,joint repairs,dowel bar retrofit,spot high-friction treatments,diamond grinding,and pavement patching. In some cases,the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps. What if a locality is not resurfacing an entire block,but is resurfacing a crosswalk by itself? Crosswalks constitute distinct elements of the right-of-way intended to facilitate pedestrian traffic. Regardless of whether there is curb-to-curb resurfacing of the street or roadway in general,resurfacing of a crosswalk also requires the provision of curb ramps at that crosswalk. July 8,2013 1 The Department of Justice is the federal agency with responsibility for issuing regulations implementing the requirements of title II of the ADA and for coordinating federal agency compliance activities with respect to those requirements. Title Il applies to the programs and activities of state and local governmental entities.The Department of Justice and the Department of Transportation share responsibility for enforcing the requirements of title II of the ADA with respect to the public right of way,including streets,roads,and highways. 2 See 28 CFR 35.151(ix1)(Newly constructed or altered streets,roads,and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway)and 35.151(i)(2)(Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets,roads,or highways). 28 CFR 35.151(b)(l). 2010 ADA Accessibility Standards,section 106.5. 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'-..-: ,t• ' ,.°--''i,, , eP",.,,:,.. . -,-1.---•---'-',--,-,-,' ,.--,•,--,;:,-417..V: .•'-.-- , . .„ ''-._;-..-e.5.,•,";::: 1 . .. -•4--'. , - • ._ ... , .. -=-- :i •'- • , ,., - . -- . •=•,' • ,•' , '!" .-- -4-' k:',Ir : =---•'-.-.,., ,,- , ..;:'..,- t,!..1,,,',:'- :.-,r . . - ...... . - . • . , . ---- . , .- .... .• , , . . , - - -. - - ,.„-• . . , . . -....- . .. , ,•.. - .r. , , ,. • •,. . • L • . 1 AIS-2481 5. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): 35 Minutes Agenda Title: Informational Public Hearing to Consider a Resolution to Adopt Increased Street Maintenance Fee Prepared For: Toby LaFrance Submitted Bv: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Resolution Business Public Hearing - Meeting - Informational Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council adopt a resolution changing the amount of the Street Maintenance Fee? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the resolution to increase the Street Maintenance Fee KEY FACTS AND INFORMATION SUMMARY The Street Maintenance Fee (SMF) is a charge that is paid by Tigard residents and businesses on their utility bill. The fee is primarily used to fund routine maintenance of Tigard's roads through the Pavement Management Program (PMP). in addition to the PMP, the SMF pays for $100,000 of Right-of-Way (ROW) maintenance. The ROW maintenance keeps plantings and grounds around and in medians of larger roads in good condition. Lastly, about seven percent of the fee is used to help pay for the cost of billing and administering the fee. Council discussed and considered the SMF in January, March, and September of 2015. During those meetings, Council provided staff with key policy direction. The policy direction was aided by outreach to the community through surveys and meetings. Attached to this Agenda Item Summary is: 1. Resolution amending the SMF in the Master Fees and Charges schedule 2. Exhibit A of the Resolution, increasing the SMF. 3. A report that calculates the updated SMF based on Council direction and the proposed list of projects for the next four years. 4. At the September 2015 Workshop, Council instructed staff to perform a follow-up survey based on the recommended fee amounts. The survey was open for about two months and was advertised on the city's website, in Cityscape, through Facebook, and partnering with the Chamber of Commerce. The survey of residential customers had a robust response of 80 individuals, however, the survey of business customers only elicited a response from four customers. Results of that survey are attached. OTHER ALTERNATIVES Council could choose to not pass the resolution and maintain the SMF at its current level. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Strategic Plan Goal 4: Fund the vision while maintaining core services. DATES OF PREVIOUS CONSIDERATION January 27, 2015 March 17, 2015 September 15, 2015 Attachments Resolution Exhibit A-Master Fees And Charges Street Maintenance Fee Calculation Report Residential Survey Results Residential Survey Comments Commercial Survey Results Commercial Survey Comments CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION AMENDING THE MAS I ER FEES AND CHARGES SCHEDULE TO INCREASE THE STREET MAIN IENANCE FEE WHEREAS,Maintaining streets in good condition is the least expensive way to operate a street system;and WHEREAS, There is a backlog of streets in poor condition that cannot be properly maintained with existing resources;and WHEREAS,The Street Maintenance Fee (SMF) is allocated to residential and commercial customers based on the type of streets being maintained in the work program;and WHEREAS, The upcoming work program will shift toward more arterial streets, necessitating commercial customers paying a larger share of the overall program;and WHEREAS, The SMF also collects funds for Right-of-Way (ROW) maintenance from residential customers only;and WHEREAS, There is need to maintain ROW in commercial areas that will be charged to commercial customers. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Master Fees and Charges Schedule adopted with Resolution 15-31 is hereby amended per Exhibit A. SECTION 2: This resolution shall be effective immediately. PASSED: This day of 2016. Mayor-City of Tigard A n EST: City Recorder- City of Tigard RESOLUTION NO. 16- Page 1 Exhibit A Department Revenue Source Fee or Charge Effective Date Street Maintenance Fee(TMC 15.20). Monthly Residential Rare-Single and Multi-Family 6E49 $7.82 /unit 7,'1/2016 Monthly Non-Residential Rare 51744 S2.76 /per min required parking apace 7/1/2016 Staff Review No Charge Cr•Council 0S'ntten Appeal Piling Fee $300.00 Page 1 SUPPLEMENTAL PACKET FOR a- 2a aoll (DATE OF MEETING) Street Maintenance Fee Update — Draft For Council Hearing March 22, 2016 1 BACKGROUND 1.1 PURPOSE OF THE STREET MAINTENANCE FEE The Street Maintenance Fee (SMF) is a charge that is paid by Tigard residents and businesses on their monthly utility bill. The fee is used primarily to fund routine maintenance of Tigard's roads through the Pavement Management Program (PMP). In addition to the PMP,the SMF pays for$100,000 of right-of-way (ROW) maintenance. The ROW maintenance keeps plantings and grounds around and in the medians of larger roads in good condition. Lastly,about seven percent of the fee is used to help pay for the cost of billing the fee. 1.2 PURPOSE OF THIS REPORT The SMF was last calculated in 2009 based on the 2010 PMP,once fully implemented,the fee has been increased by an annual index. In the presentation of the 2014 Paving Report,staff pointed out the growing backlog of streets in poor condition and the need for additional funding to address the backlog. In addition, during Council meetings on the PMP contract awards for 2014 and 2015,as well as a workshop in November 2013,Council discussed the ambiguity in the Tigard Municipal Code (TMC)in regards to using the SMF revenues to pay for ADA required curb cuts when doing PMP projects. These issues lead to Council and staff have holding meetings in January and March of 2015 to discuss policy issues around the PMP and the SMF as well as the results of public outreach regarding the fee. At the last meeting on March 17,2015, Council provided staff with key policy directions that permitted staff to recalculate the SMF. The purpose of this report is to document Council policy directions and show how they will impact the Street Maintenance Fee. 2 POLICY SUMMARY During the Council Study Sessions in January and March 2015,Council provided policy direction on key aspects of the Street Maintenance Fee. This policy direction was aided by outreach to the community through surveys and meetings. The results of the community outreach were presented in a Study Session on January 27,2015. Some of the key results of the outreach include: • Both residential and commercial survey results clearly show a belief that residential customers should not pay a greater share than they currently pay. Respondents to the business survey overwhelmingly (over 70%) think that the current split is correct. Respondents to the residential survey feel almost as strongly(over 60%) that commercial customers should pay a larger share. • Over 70%of those residential customers and over 50%of the business customers who responded to the survey felt that businesses should pay for some of the ROW maintenance. Of the respondents who favor businesses paying for some of the ROW maintenance,slightly more than half responded that businesses should pay for ROW maintenance on commercial streets only. 1 1 Page • Respondents to the business survey did not have a clear preference on the subject of the cap; however,there is a small majority that is in favor of increasing the cap. The Table 1 summarizes the key decisions from the Study Sessions in January and March 2015. 21Page TABLE 1 — SUMMARY OF POLICY DIRECTION Policy Area Issue Council Direction Action/Impact Pavement The current PCI goal of the Increase the goal Tigard has a backlog of streets that are Condition Index PMP is 72-75 per Res# 10-01. PCI to be 80-82. in poor condition and are in need of an (PCI) goal of the The current PCI of Tigard's This is where street overlay. The cost to fix these streets is PMP system is 70.5 per the 2014 maintenance costs about$11 million. Council directed Annual Paving Report. are considered to be staff to add these streets on top of the least expensive, existing program. once the level is achieved. ADA Sidewalk The ADA requires that Council directed TMC will be amended. The cost of the Cuts sidewalk corner cuts be installed that TMC be PMP will include this additional to ADA standards when work clarified to allow the requirement. is performed on the road use of SMF dollars adjacent to the sidewalk. TMC for work related to is ambiguous regarding the use paving,including of SMF for sidewalks. sidewalk corner cuts required by federal law. Split of Program TMC splits the cost of the Council directed The upcoming workplan will require a Costs between program based on work done that the splits in larger proportion of work on Arterials Residential and on road types. For example, TMC remain and local Commercial streets than the Non-Residential Arterial roads are paid 38% unchanged. prior workplan. Non-Residential Customers Residential and 62%Non- customers pay the majority of the costs Residential. When the last for these road types. The impact of update was performed,the maintaining the splits in TMC will be planned work resulted in a 2/3rd an increase in the share of the program Residential and 1/3rd Non- costs for Non-Residential customers Residential split. and a larger fee increase than Residential customers will bear. Right of Way The current SMF pays for Council directed This will have no impact on Residential Maintenance $100,000 of ROW maintenance that$50,000 be customers. Non-Residential customers annually. This cost is entirely added annually to will see a modest increase in their SMF. borne by Residential customers. the ROW Since the last program was maintenance. This calculated,Council has agreed additional cost will to maintain ROW in be paid by Non- commercial areas around Pacific Residential Hwy and Main Street. No customers. funding source has been identified for this requirement. Cap on Non- The current TMC caps the Council directed The TMC will need to be amended to Residential SMF charge on Non-Residential that the cap be remove the cap on required parking customers to 250 required removed and that spaces charged. Since the removal of parking spaces. the additional spaces the cap is intended to create additional charged create revenue, the Non-Residential fee will additional revenue, be calculated as if the cap is in place. not a lower fee. Index The SMF is indexed and can Council agreed to No action is needed. Staff increase by 2-7%per year. continue to index recommends applying the index to the the fee. ROW program as well as the PMP. 3IPage 3 FEE CALCULATION 3.1 EXISTING PROGRAM Tigard's streets that are maintained by the Pavement Management Program are divided into four categories. The cost of maintaining each category is divided between Residential and Non-Residential Customers by TMC 15.20.050. The allocation is as follows in Table 2 TABLE 2-DETERMINATION OF STREET MAINTENANCE FEE Street Type Residential Share Non-Residential Share Arterial 38°o 62% Collector 50" 50% Local Commercial 0"a 100% Local Residential 100"0 - 0% Staff has assembled the next four years of the PMP for 2016-2019. The list of projects at the existing program level is in Appendix A of this report. The Capital Improvement Program (CIP) adopted by Council as part of the FY2016 Budget includes $8,100,000 of PMP projects for 2016-2019. The list of projects in Appendix A is consistent with the adopted CIP with$8,068,000 in projects for the same four year period. When the fee was last calculated, the largest category of street work was in the Local Residential. This was largely responsible for the overall program resulting in Residential customers paying for 67%of the PMP through the fees. The projects in Appendix A reflect the need to work on Tigard's arterial roads. The result is that the Non-Residential customers will take on a larger share of the program,approximately 42%. Table 3 shows the share of the program by road type and the resulting customer shares for the program calculated in 2010 and the new program starting in 2016. The shift from Local Residential streets to Arterial roads is in bold. TABLE 3 - COMPARISON OF COST SHARES FOR 2010 AND 2016 FEE CALCULATIONS Road Type 2010-%of Cost 2016-%of Cost Arterial 27% 44% Collector 24% 23% Local Commercial 6% 5°% Local Residential 43% 28% Residential Share 67% 58% Non-Residential 33% 42% Share Under the current program, the SMF pays for two other cost centers. First,the fee pays for$100,000 in ROW maintenance. Second,the fee pays the proportionate share for the cost of billing,which can vary slightly by year and is about 7%of the cost of the program. Table 4 displays each of the costs centers in the current program supported by the SMF. Each of the cost centers are allocated to the customer types to determine the cost share for each customer category. Those costs are then divided by the number of units in each category:residences for Residential customers and required parking for Non-Residential customers. 4Page This is done to derive the Street Maintenance Fee that would be calculated without any change in policy or program. TABLE 4- SMF CALCULATION FOR CURRENT PROGRAM SERVICE LEVEL Cost Center 4-year Cost °/, $ '% $ Arterial 3,512,000 38% 1,334,600 62% 2,177,400 Collector 1,863,000 50% 931,500 50% 931,500 Commercial 424,000 0% - 100% 424,000 Residential 2,269,000 100% 2,269,000 0% - Current Residential 431,100 100% 431,100 0% - ROW Maintenance Billing(7%) 564,800 58% 330,000 42% 234,800 Total 9,063,900 58% 5,296,200 42% 3,767,700 Annual Average 1,324,050 941,925 Units Residences 20,813 Required 39,723 Parking Fee For Current $5.30 $1.98 Pavement Program The current Street Maintenance Fee is $6.39 per month per residential unit for residential customers and $1.44 per month per required parking space for non-residential customers. While the cost of the 4-year program is the same as anticipated under the current fee,the redistribution of the projects needed in the next four years from residential streets to arterial roads results in a decrease of$0.82 in the residential SMF and an increase of$0.60 for non-residential SMF. 3.2 PAVING BACKLOG As stated in Table 1,Council is setting a goal for the PMP to bring the city's PCI up to 80-82. This will be accomplished by addressing a backlog of streets in need of repair that the current funding level supported by the SMF cannot address. The plan is to address the approximately$11 million in backlog projects over the next ten years. Appendix B has the list of all the PMP projects that would be completed as part of the current service level plus the backlog projects. In Appendix B,the added backlog projects are highlighted. Table 5 shows the cost of the backlog projects only when allocated to the street classifications. The resulting SMF calculation is the amount that would need to be added to the fee for the current program calculated in Table 4. 51P age TABLE 5—SMF CALCULATION FOR BACKLOG PROJECTS ONLY Cost Center 4-year Cost % $ °A) $ Arterial - 38% - 62% - Collector 203,000 50% 101,500 50% 101,500 Commercial 1,074,000 0% - 100% 1,074,000 Residential 2,254,000 100% 2,254,000 0% - Billing(7%) 247,100 67% 164,800 33% 82,300 Total 3,778,100 67% 2,520,300 33% 1,257,800 Annual Average 630,075 314,450 Units Residences 20,813 Required 39,723 Parking Fee For Additional $2.52 $0.66 Backlog Projects As shown in Table 5,the majority of the backlog streets are local streets for commercial and residential areas. The result is that the share of the costs is 67%paid by residential customers and 33%paid by non-residential customers. The fees calculated at the end of Table 5 will be in addition to the fees for the current program level calculated in Table 4. 3.3 ADDITIONAL RIGHT OF WAY MAINTENANCE IN COMMERCIAL AREAS As stated in Table 1,Council has directed that the ROW maintenance program be expanded. Currently,the ROW maintenance program is $100,000 annually and is paid entirely by residential customers. Since the program was implemented in 2010,Tigard has placed an emphasis on beautifying roadways in commercial areas. This beautification includes requiring ODOT to place planted medians in Pacific Hwy and improvements along Main Street in Downtown Tigard. At this point,Council is recommending expanding the ROW maintenance program by$50,000 annually to be paid by non-residential customers. Residential customers will continue to pay for the current$100,000 annually. Table 6 displays the impact of the additional ROW maintenance on the calculation of the SMF. Under the new program,it is anticipated that the ROW maintenance will increase annually by the index with the other cost centers. TABLE 6—SMF CALCULATION FOR ADDITIONAL COMMERCIAL STREET RIGHT-OF- WAY MAINTENANCE ONLY Cost Center 4-year Cost ",i) $ % $ Proposed Commercial 215,500 0% - 100% 215,500 Billing(7%) 15,200 0% - 100% 15,200 Total 230,700 0% - 100% 230,700 Annual Average - 57,675 Units Residences 20,813.00 Required 39,723.00 Parking Fee For Additional $0.00 $0.12 ROW Maintenance 61Page 4 SUMMARY OF STREET MAINTENANCE FEE CALCULATION The prior section calculated the impact of on the Street Maintenance Fee for various components: current program level,adding backlog projects,and adding right-of-way maintenance in commercial areas. During the study sessions in January and March,staff informed Council that it was likely that the cost share for the current program level would likely shift toward the non-residential rate payers based upon the list of upcoming needed projects,but the extent of the shift was unknown at the time of the study sessions. Staff advised Council that addressing the backlog of streets to bring the PCI up to the goal area of 80-82 will add about 50%to the overall program costs and the fee calculation. Lastly,staff stated that the ROW maintenance would create a modest increase in the fee paid by non-residential customers. TABLE 7- SUMMARY OF SMF CALCULATION AND COMPARISON OF NEW FEE CALCULATION TO CURRENT FEE BASED ON 2010 PMP Components of SMF Residential Non-Residential Current Current 2016 Fee 2016 Fee Current SMF From $6.39 Per month per $1.44 Per month per required 2010 PMP Incl. household parking space (as a Current ROW Maint. proxy for trips generated paid by Res. by the business) Proposed Fees Based on 2016-2019 PMP and Policy Changes New Fee $Change %Change New Fee $ Change % Change to Current to Current to Current to Current Current Pavement $5.30 -$1.09 -17% $1.98 $0.54 38% Program Level Adding Backlog $2.52 $2.52 39% $0.66 $0.66 46% Pavement Projects Proposed Commercial NA* $0.00* 0% $0.12 $0.12 8% ROW Maintenance Total Proposed Street $7.82 $1.43 22% $2.76 $1.32 92% Maintenance Fee *The Current SMF includes funding STOOK annually for Right of Way Maintenance paid by Residential Customers. It is part of the current$6.39 fee paid monthly by residential customers. Based upon Council policy direction and the work of the PMP shifting from residential streets to arterial roads,the SMF will increase by 22% for residential customers and 92%for non-residential customers. 7 I Page 5 STREET MAINTENANCE FEE CALCULATION BASED ON COUNCIL ACTION AT MARCH 22, 2016 HEARING At the hearing on March 22,2016,Council adopted a revised SMF. During deliberations,Council made three key changes in their policy direction. These policy decisions impacted the fee calculated in Table 7. The changes include: 1. First,the SMF that will go into effect on July 1,2016 will not include the Additional Backlog Pavement Projects. Second,Council changed direction on how removal of the cap would effect Non-Residential fee calculation. Previously,Council directed that the cap be removed and that the additional spaces charged create additional revenue,not a lower fee. This direction would have added approximately$80,000 of fee revenue annually. Instead,Council determined that the cap would be removed,but instead of adding revenue,the calculated fee per space would be reduced. By adding the spaces, the total cost for Non-Residential is split amongst more spaces. These changes for the July 1,2016 implementation are shown in Table 8. TABLE 8—SUMMARY OF ADOPTED JULY 1,2016 SMF CALCULATION AND COMPARISON OF NEW FEE CALCULATION TO CURRENT FEE BASED ON 2010 PMP Components of SMF Residential Non-Residential Current Current 2016 Fee 2016 Fee Current SMF From $6.39 Per month per $1.44 Per month per required 2010 PMP Incl. household parking space (as a Current ROW Maint. proxy for trips generated paid by Res. by the business) Adopted July 1,2016 Fees Based on 2016-2019 PMP and Policy Changes New Fee $Change %Change New Fee $Change %Change to Current to Current to Current to Current Current Pavement $5.30 -$1.09 -17% $1.75 $0.31 22% Program Level Adding Backlog $0.00 $0.00 0% $0.00 $0.00 0% Pavement Projects Proposed Commercial NA* $0.00* 0% $0.11 $0.11 8% ROW Maintenance Total Proposed Street $5.30 -$1.09 -17% $1.86 $0.42 29% Maintenance Fee *The Current SMF includes funding 5100K annually for Right of Way Maintenance paid by Residential Customers. It is part of the current$6.39 fee paid monthly by residential customers. 2. Third,the SMF will then have an increase on January 1,2017 for the Backlog Pavement Projects; however,the projects will be implemented over a 20 year period instead of 10 years,cutting the impact of this additional cost in half. Appendix C has the list of all the PMP projects that would be completed as part of the current service level plus the reduction in backlog projects. In Appendix C, the added backlog projects are highlighted. Further,Council determined that they will place an increase in the current$0.03/gallon city gas tax to a$0.08/gallon city gas tax on the November 2016 ballot. The purpose of the increase is to pay for the backlog paving projects. If the tax passes, the increase scheduled for January 1,2017 will not be implemented. The fee that could go into effect on January 1,2017 is shown in Table 9. 81Page TABLE 9-SUMMARY OF ADOPTED JANUARY 1,2017 SMF CALCULATION AND COMPARISON OF NEW FEE CALCULATION TO CURRENT FEE BASED ON 2010 PMP Components of SMF Residential Non-Residential Current Current 2016 Fee 2016 Fee Current SMF From $6.39 Per month per $1.44 Per month per required 2010 PMP Incl. household parking space (as a Current ROW Maint. proxy for trips generated paid by Res. by the business) Adopted Fees Effective January 1,2017**Based on 2016-2019 PMP and Policy Changes New Fee $ Change % Change New Fee $Change %Change to Current to Current to Current to Current Current Pavement $5.30 -$1.09 -17% $1.75 $0.31 22% Program Level Adding Backlog $1.26 $1.26 20% $0.29 $0.29 20% Pavement Projects Proposed Commercial NA* $0.00* 0% $0.11 $0.11 8% ROW Maintenance Total Proposed Street $6.56 $0.17 3% $2.15 $0.71 49% Maintenance Fee *The Current SMF includes funding STOOK annually for Right of Way Maintenance paid by Residential Customers. It is part of the current $6.39 fee paid monthly by residential customers. **The January 1,2017 increase will not take effect if an increase in the City Gas Tax is approved by voters in November 2016. 9 1 Page 6 APPENDIX A- PAVEMENT MANAGEMENT PROGRAM AT CURRENT SERVICE LEVEL 2016 Paving and Maintenance Plan Pavement overlays unless stated otherwise Total %of III Street From To Classification Cost Cost Total 1111 Upper Boones Ferry 72nd Ave I-5 Interchange Arterial $187,000 72nd Ave City Limits Durham Rd Arterial $124,000 72nd Ave Hwy 99W 500'South Arterial $40,000 Bonita Rd 76th Ave Hall Blvd Arterial $293,000 Walnut St 116th 122nd Arterial $183,000 Greenfield Gaarde St Dr Walnut St Arterial $115,000 Crack Sealing/Maintenance $50,000 Arterial Total $992,000 54.5% Dartmouth St Atlanta St Hwy 99W Collector $49,000 121st Ave Tippitt Ann Collector $133,000 78th Ave Hwy 99W Pfaffle Collector $40,000 Crack Sealing/Maintenance $30,000 Collector Total $252,000 13.9% Crack Sealing/Maintenance $15,000 Commercial Local $15,000 0.8% Slurry Seals on Residential Streets $360,000 Crack Seals on residential streets $200,000 Residential Total $560,000 30.8% 2016 Total $1,819,000 10 I Page 2017 Paving and Maintenance Plan Pavement overlay s unless stated otherwise Total %of Street From To Classification Cost Cost Total Greenburg Rd Hwy 217 Center Si Arterial $686,1)Uk Durham Rd Hall Blvd Summerfield Dr Arterial $580,000 Crack Sealing/Maintenance $50,000 Arterial Total $1,316,000 67% Greenburg Tiedeman Ave Rd RR Tracks Collector $54,000 Crack Sealing/Maintenance $30,000 Collector Total $84,000 4% Crack Sealing/Maintenance $15,000 Commercial Local Total $15,000 1% Slurry Seals on Residential Streets $400,000 Crack Seals on residential streets $150,000 Residential Total $550,000 28% 2017 Total $1,965,000 11 2018 Paving and Maintenance Plan Pavement overlays unless stated otherwise Total % of Street From To Classification Cost Cost Total 72nd Ave Fir Beveland Arterial $160,000 Gaarde 110th 123rd Terr Arterial $441,000 72nd Ave Baylor 500'South of 99W Arterial $111,000 Upper Boones Ferry 72nd Ave Durham Rd Rd Arterial $150,000 Crack Sealing/Maintenance $40,000 Arterial Total $902,000 43% 121st Ave Ann Springwood Collector $274,000 121st Ave Gaarde St Whistlers Lp (North) Collector $96,000 Hunziker St 72nd 100'West Collector $64,000 Tiedeman Ave Walnut St Meadow St Collector $157,000 Crack Sealing/Maintenance $25,000 Collector Total $616,000 30% Crack Sealing/Maintenance $15,000 Commercial Local Total $15,000 1% Slurry Seals on Residential Streets $400,000 Crack Seals on residential streets $150,000 Residential Total $550,000 26% 2018 Total $2,083,000 12 I ' 2019 Paving and Maintenance Plan Pavement overlays unless stated otherwise Total °A° of Street From To Classification Cost Cost Total Gaarde St 123rd Terr Greenfield Dr Arterial $262,000 Crack Sealing/Maintenance $40,000 Arterial Total $302,000 14% 135th Ave Walnut St Scholls Ferry Rd Collector $375,000 68th Pkwy Haines St Hwy 99W Collector $207,000 Locust St Greenburg Hall Collector $304,000 Crack Sealing/Maintenance $25,000 Collector Total $911,000 41% Tigard St Main St Tiedeman Ave Commercial $260,000 Royalty Pkwy Hwy 99W Naeve St Commercial $104,000 Crack Sealing/Maintenance $15,000 Commercial Total $379,000 17% North Dakota St 121st Ave 115th Ave Residential $109,000 Slurry Seals on Residential Streets $350,000 Crack Seals on residential streets $150,000 Residential Total $609,000 28% 2019 Total $2,201,000 13IPa ;_ c 7 APPENDIX B- PAVEMENT MANAGEMENT PROGRAM WITH $1,000,000 OF BACKLOG PROJECTS ADDED ANNUALLY Backlog projects are highlighted in Green. 2016 Paving and Maintenance Plan Pavement overlays unless stated otherwise Total %of Street From To Class Cost Cost Total Upper Boones Ferry 72nd Ave I-5 Interchange Arterial $187,000 72nd Ave City Limits Durham Rd Arterial $124,000 72nd Ave Hwy 99W 500'South Arterial $40,000 Bonita Rd 76th Ave Hall Blvd Arterial $293,000 Walnut St 116th 122nd Arterial $183,000 Gaarde St Greenfield Dr Walnut St Arterial $115,000 Crack Sealing/Maintenance $50,000 Arterial Total $992,000 37.0% Dartmouth St Atlanta St Hwy 99W Collector $49,000 121st Ave Tippitt Ann Collector $133,000 78th Ave Hwy 99W Pfaffle Collector $40,000 Oak St Hall Blvd 90th Ave Collector $85,000 Crack Sealing/Maintenance $30,000 Collector Total $337,000 12.6% Hampton St 72nd Ave 66th Ave Commercial $140,000 Sandburg St 72nd Ave End of Street Commercial $155,000 Garden Place Hwy 99W Hall Blvd (inc CDS) Commercial $160,000 Cardinal Ln Sequoia Pwy End of Street Commercial $30,000 Crack Sealing/Maintenance $15,000 Commercial Local $500,000 18.6% Canterbury Ln 103rd Ave Hwy 99W Residential $253,000 79th Ave Leiser Ln Bonita Rd Residential $40,000 Slurry Seals on Residential Streets $360,000 Crack Seals on residential streets $200,000 Residential Total $853,000 31.8% 2016 Total $2,682,000 14 I :k'' . , 2017 Paving and Maintenance Plan Pavement overlays unless stated otherwise % of Street From To Class Cost Total Total Greenburg Rd Hwy 217 Center St Arterial $686,000 Durham Rd Hall Blvd Summerfield Dr Arterial $580,000 Crack Sealing/Maintenance $50,000 Arterial Total $1,316,000 45% Tiedeman Ave Greenburg Rd RR Tracks Collector $54,000 Scoffins St Main St Ash Ave Collector $87,000 Commercial Ash Ave St Scoffins St Collector $31,000 Crack Sealing/Maintenance $30,000 Collector Total $202,000 7% 1,200'South of 74th Ave Durham Rd Bonita Commercial $219,000 Landmark Ln 72nd Ave End of Road Commercial $74,000 Crack Sealing/Maintenance $15,000 Commercial Local Total $308,000 10% 130th Ave Hawksbeard Scholls Ferry Residential $74,000 Alderbrook Dr Durham Rd Oakhill Ln Residential $49,000 Summerfield Dr Durham Rd 114th Ct Residential $105,000 Oak St 69th Ave 71st Ave Residential $62,000 71st Ave Oak St(W) Oak St(E) Residential $10,000 Fanno Creek Dr Bonita Rd Fanno Creek P1 Residential $104,000 Summercrest Dr Tigard Dr 121st Ave Residential $35,000 Kable St 98th Ave 100th Ave Residential $47,000 109th Ave Highland Dr Naeve St Residential $30,000 96th Ave Sattler St Murdock St Residential $56,000 Slurry Seals on Residential Streets $400,000 Crack Seals on residential streets $150,000 Residential Total $1,122,000 38% 2017 Total $2,948,000 15 I Page 2018 Paving and Maintenance Plan Pavement overlays unless stated otherwise Total `%of Street From To Class Cost Cost Total 72nd Ave Fir Beveland Arterial $160,000 Gaarde 110th 123rd Terr Arterial $441,000 72nd Ave Baylor 500'South of 99W Arterial $111,000 Upper Boones Ferry 72nd Ave Durham Rd Rd Arterial $150,000 Crack Sealing/Maintenance $40,000 Arterial Total $902,000 33% 121st Ave Ann Springwood Collector $274,000 121st Ave Gaarde St Whistlers Lp (North) Collector $96,000 Hunziker St 72nd 100'West Collector $64,000 Tiedeman Ave Walnut St Meadow St Collector $157,000 Crack Sealing/Maintenance $25,000 Collector Total $616,000 22% Milton Ct Bonita End of Street $126,000 Crack Sealing/Maintenance $15,000 Commercial Local Total $141,000 5% Fonner St 115th Walnut Residential $239,000 74th Ave Barbara Ln Taylor's Ferry Rd Residential $175,000 Grant Ave End of Street Walnut Residential $30,000 Grant Ave Park St End Residential $50,000 Commercial St Lincoln 95th Residential $29,000 107th Ct Pathfinder Ct Fonner St Residential $13,000 Slurry Seals on Residential Streets $400,000 Crack Seals on residential streets $150,000 Residential Total $1,086,000 40% 2018 Total $2,745,000 16 I Page 2019 Paving and Maintenance Plan Pas ement overlays unless stated otherwise Total % of Street From To Class Cost Cost Total Gaarde St 123rd Terr Greenfield Dr Arterial $262,000 Crack Sealing/Maintenance $40,000 Arterial Total $302,000 1" 135th Ave Walnut St Scholls Ferry Rd Collector $375,000 68th Pkwy Haines St Hwy 99W Collector $207,000 Locust St Greenburg Hall Collector $304,000 Crack Sealing/Maintenance $25,000 Collector Total $911,000 28% Tigard St Main St Tiedeman Ave Commercial $260,000 Royalty Pkwy Hwy 99W Naeve St Commercial $104,000 Atlanta St 69th Ave 68th Pkwy Commercial $33,000 69th Ave Atlanta St Baylor St Commercial $26,000 Lincoln St Locust St End of Street Commercial $38,000 71st Ave Hwy 99W Spruce St Commercial $43,000 Kable Ln 72nd Ave End of Street Commercial $30,000 Crack Sealing/Maintenance $15,000 Commercial Total $549,000 17% North Dakota St 121st Ave 115th Ave Residential $109,000 North Dakota St Tiedeman 114th Residential $287,000 Greenfield Dr Gaarde Benchview Residential $80,000 Benchview Terr Greenfield Clearview Residential $11,000 Royalty Pkwy Naeve 400'S of Murdock Residential $119,000 Johnson St Hwy 99W Grant Ave Residential $51,000 Grant Ave Johnson St Tigard St Residential $88,000 115th Ave Tigard St North Dakota St Residential $64,000 North Dakota 115th Ave St Cottonwood Residential $119,000 71st Ave Spruce Pine Residential $34,000 Slurry Seals on Residential Streets $350,000 Crack Seals on residential streets $150,000 Residential Total $1,462,000 45% 2019 Total $3,224,000 17 I 8 APPENDIX C- PAVEMENT MANAGEMENT PROGRAM WITH $500,000 OF BACKLOG PROJECTS ADDED ANNUALLY (AS ADOPTED) 2016 Paving and Maintenance Plan Backlog projects are highlighted in Green. Pavement overlays unless stated otherwise of Street From To Class 3, Cost Total Cost Total I-5 Upper Boones Ferry 72nd Ave Interchange Arterial $187,000 72nd Ave City Limits Durham Rd Arterial $124,000 72nd Ave Hwy 99W 500'South Arterial $40,000 Bonita Rd 76th Ave Hall Blvd Arterial $293,000 Walnut St 116th 122nd Arterial $183,000 Gaarde St Greenfield Dr Walnut St Arterial $115,000 Crack Sealing/Maintenance $50,000 Arterial Total $992,000 44.5% Dartmouth St Atlanta St Hwy 99W Collector $49,000 121st Ave Tippitt Ann Collector $133,000 78th Ave Hwy 99W Pfaffle Collector $40,000 Crack Sealing/Maintenance $30,000 Collector Total $252,000 11.3% Landmark Ln 72nd Ave End of Road Commercial $74,000 Hampton St 72nd Ave 66th Ave Commercial $140,000 Sandburg St 72nd Ave End of Street Commercial $155,000 Crack Sealing/Maintenance $15,000 Commercial Local $384,000 17.2% 79th Ave Leiser Ln Bonita Rd Residential $40,000 Slurry Seals on Residential Streets $360,000 Crack Seals on residential streets $200,000 Residential Total $600,000 26.9% 2016 Total $2,228,000 18 I P age 2017 Paving and Maintenance Plan Pavement overlays unless stated otherwise M. Street From To Class Cost ___ _ Greenburg Rd Hwy 217 Center St Arterial $686,000 Summerfield Durham Rd Hall Blvd Dr Arterial $580,000 Crack Sealing/Maintenance $50,000 Arterial Total $1,316,000 55% Greenburg Tiedeman Ave Rd RR Tracks Collector $54,000 Scoffins St Main St Ash Ave Collector $87,000 Commercial Ash Ave St Scoffins St Collector $31,000 Oak St Hall Blvd 90th Ave Collector $85,000 Crack Sealing/Maintenance $30,000 Collector Total $287,000 12% Crack Sealing/Maintenance $15,000 Commercial Local Total $15,000 1% 130th Ave Hawksbeard Scholls Ferry Residential $74,000 Alderbrook Dr Durham Rd Oakhill Ln Residential $49,000 Summerfield Dr Durham Rd 114th Ct Residential $105,000 Slurry Seals on Residential Streets $400,000 Crack Seals on residential streets $150,000 Residential Total $778,000 32% Total $2,396,000 19 I 2018 Paving and Maintenance Plan Pavement overlays unless stated otherwise of Street From To Class Cost Total Cost Total Parts not paved by 72nd Ave Fir Beveland Arterial $160,000 Walmart or ODOT Gaarde 110th 123rd Terr Arterial $441,000 500'South of 72nd Ave Baylor 99W Arterial $111,000 Durham Upper Boones 72nd Ave Rd Ferry Rd Arterial $150,000 Crack Sealing/Maintenance $40,000 Arterial Total $902,000 36% 121st Ave Ann Springwood Collector $274,000 Gaarde Whistlers Lp 121st Ave St (North) Collector $96,000 Hunziker St 72nd 100'West Collector $64,000 Walnut Tiedeman Ave St Meadow St Collector $157,000 Crack Sealing/Maintenance $25,000 Collector Total $616,000 25% Hwy Hall Blvd (inc Garden Place 99W CDS) Commercial $160,000 Crack Sealing/Maintenance $15,000 Commercial Local Total $175,000 7% 103rd Canterbury Ln Ave Hwy 99W Residential $253,000 Slurry Seals on Residential Streets $400,000 Crack Seals on residential streets $150,000 Residential Total $803,000 32% Total $2,496,000 20 I Page 2019 Paving and Maintenance Plan Pavement overlays unless stated otherwise Classificatio %of j Street From To n Cost Total Cost Total Greenfield Gaarde St 123rd Terr Dr Arterial $262,000 Crack Sealing/Maintenance $40,000 Arterial Total $302,000 11% Scholls Ferry 135th Ave Walnut St Rd Collector $375,000 68th Pkwy Haines St Hwy 99W Collector $207,000 Locust St Greenburg Hall Collector $304,000 Crack Sealing/Maintenance $25,000 Collector Total $911,000 34% Tiedeman Tigard St Main St Ave Commercial $260,000 Royalty Pkwy Hwy 99W Naeve St Commercial $104,000 Cardinal Ln Sequoia Pwy End of Street Commercial $30,000 Lincoln St Locust St End of Street Commercial $38,000 Crack Sealing/Maintenance $15,000 Commercial Total $447,000 17% North Dakota St 121st Ave 115th Ave Residential $109,000 North Dakota St Tiedeman 114th Residential $287,000 Greenfield Dr Gaarde Benchview Residential $80,000 Benchview Terr Greenfield Clearview Residential $11,000 Johnson St Hwy 99W Grant Ave Residential $51,000 Slurry Seals on Residential Streets $350,000 Crack Seals on residential streets $150,000 Residential Total $1,038,000 38% Total $2,698,000 211 Page Streets that would be paved with $1m/yr extra revenue but not$500k extra revenue Street From To Classification Cost Royalty Pkwy Naeve 400'S of Murdock Residential $119,000 115th Ave Tigard St North Dakota St Residential $64,000 North Dakota 115th Ave St Cottonwood Residential $119,000 Fonner St 115th Walnut Residential $239,000 Grant Ave Johnson St Tigard St Residential $88,000 Kable St 98th Ave 100th Ave Residential $47,000 96th Ave Sattler St Murdock St Residential $56,000 Oak St 69th Ave 71st Ave Residential $62,000 71st Ave Oak St(W) Oak St(E) Residential $10,000 Summercrest Dr Tigard Dr 121st Ave Residential $35,000 74th Ave Barbara Ln Taylor's Ferry Rd Residential $175,000 Grant Ave End of Street Walnut Residential $30,000 Grant Ave Park St End Residential $50,000 Commercial St Lincoln 95th Residential $29,000 107th Ct Pathfinder Ct Fonner St Residential $13,000 Fanno Creek Dr Bonita Rd Fanno Creek P1 Residential $104,000 109th Ave Highland Dr Naeve St Residential $30,000 71st Ave Spruce Pine Residential $34,000 1,200'South of 74th Ave Durham Rd Bonita Commercial $219,000 Milton Ct Bonita End of Street $126,000 Kable Ln 72nd Ave End of Street Commercial $30,000 Atlanta St 69th Ave 68th Pkwy Commercial $33,000 69th Ave Atlanta St Baylor St Commercial $26,000 71st Ave Hwy 99W Spruce St Commercial $43,000 22 I Page Funding Street Maintenance(Residential) -Responses J SurveyMonkey Page 1 of 4 Survegiionkeg Pro Sign Up Sign Up FREE Sign In Funding Street Maintenance (Residential) I iihyn .. v'•Slum Shan akI.'- Question t D da Inui ridu�' J SunonsrloS All Pagan 80 rep 12/2:'2015-2/2V2(1C 2 Street maintenance fees are allocated to residential and commercial ratepayers based on the type of street being paved or sealed. In the current 5-year cycle of the Pavement Management Program, residential customers pay 67%of the Insights? program costs and business customers : " n"t:u.".'II-7(r-try,- . pay 33%of program costs. In the next five- year cycle,there is a greater need to pave Slip up FREE or seal arterial and commercial streets with a decrease In work on residential streets. With this shift in the work,costs will be split with 58%($5.30/month)paid by residential customers and 42% (61.98/parking space equivalent)paid by business customers. Is this spilt acceptable to you? Ar ,i d:7• s:a:(°a:4 Yes.Residents should pay I... No. residential.- No,basin... should pay... 0% 10% 20% :A% 40"; S0% 60•)6 70% du!. 90:: 100''. Answer Choices R:sponsss Yes.Residents should pay less because of the decrease In work on rssldenttsl streets. 64.47% No,residential should pay mon. 7.69% No,business should pay more. 27.631. 7: Q2 https://www.surveymonkey.cotn/results/SM-7KND2Q7W/ 2/24/2016 Funding Street Maintenance(Residential) -Responses I SurveyMonkey Page 2 of 4 The city prioritizes paving busier streets to keep them In good condition while ensuring the lowest possible long-term cost.About 15%of our streets—mostly local neighborhood and business streets—need paving, but have not been paved due to lack of funds.The total cost to pave these streets is estimated at$11 million. Once this paving backlog Is completed,the condition of Tigard's streets will improve and will make it less expensive to maintain the street system in the future.This would, In part, be paid for by an additional $2.52/month for residential customers over the next 10 years.Do you support this proposal to improve the condition of Tigard's street system? Yee.I am wiling to p... No,lam not willing to p... _ 0% 10% 20 it 30-/ 40-A !0'.t 8O% 70". 80!; g0 A IOC' Answer Choices Responses Yea,I am willing to pay mom now for better streets and a lower future coat 53.85% No,l am not willing to pay more at this time. 48.15% •.r,' ...'21I The council is considering expanding the right-of-way maintenance component of the Pavement Management Program.The expansion would allow the city to maintain landscaping and aesthetic improvements made along major streets in commercial areas, like medians along Pacific Highway and Main Street. Currently, residential customers pay for all right-of-way maintenance(roughly$100,000).The council is considering expanding the right- of-way maintenance fee to generate an additional $50,000,which would be paid by business customers.Under the proposal, business customers would pay an additional$0.12 per parking space equivalent.Would you support this increase? https://www.surveymonkey.com/results/SM-7KND2Q7W/ 2/24/2016 Funding Street Maintenance(Residential) -Responses I SurveyMonkey Page 3 of 4 :d.3...:rrti:76 7! 4 Yak businesses._ No,businesses should not p... 0!: 104'. 20% 30% 40% 50% 00' 70% 80% 90% 1007, Answer Choices Responses Yu,businesses should pay for attractive right of way along commercial streets 59.47% No,businesses should not pay mon for additional right of way maintenance. 10.53% ai 7, "51 04 The city's Pavement Management Program is designed to maintain streets in good condition. Currently, the fee increases annually to account for the changes in the cost of paving.This inflation factor increases the fee between 2% and 7% annually. If the cost to maintain streets increases,which of these options would you prefer? An,.u'r.rl:77 '.lpled:. Keep the fee at its curs... Set the tee at Me amount... 0% 10% 20% 30!: 40', 50% 80% 70% 80'!, 0076 100.3. Answer Chokes Responses Kaap the ha at Its curet amount(S5.3$1month)with no adjustment for Inflation even 37.58% though It will mean a reduction In pavement conditions. Bet the ia.at the amount necessary and adjust for Inflation.With the current Index.the fie 5234% will Increase between 10.13 to$0.45 annually. T•2! i t 1n.'(21, https://www.surveymonkey.com/results/SM-7KND2Q7W/ 2/24/2016 Funding Street Maintenance (Residential) - Responses I SurveyMonkey Page 1 of 2 Survey Honkeu Pm Sian Up Elan Up FREE Mae in Funding Street Maintenance (Residential) Muni Show 1—rehen Quceb., Dim a Individual —_ A! reir:mono* Trende al.116 Responses f� Respondent lea All Paas 80 I%:Fh0I14i'S .!20;7015-2/23/2016 #80 COMPLETE Started:Tuesday,February 23,2016 11:53:49 AM 2 V1:,:g5 Last Modified:Tuesday,February 23,2016 11:56:53 AM Time Spent 00.03:03 IP Address:71.237.249.4 PACi7. :rurn.nt Program Iry i'C9 insights? Lit:Street maintenance fees are allocated to rssldentlal and commercial ratepayers based on the type ,. ;...I nut;.,; •,-,�,i_'of street being paved or sealed.In the current 6-year cycle of the Pavement Management Program, residential customers pay 67%of the program costs and business customers pay 33%of program Sign up FREE costa.In the next five-year cycle,there Is a greater need to pave or seal arterial and commercial streets with a decrease In work on residential streets.WIth this shift In the work,costs will be split with 58%($6.30/month)paid by residential customers and 42%($1.96/parking space equivalent)paid by business customers.Is this split acceptable to you? Yes.Residents should pay less because of the decrease in work on residential streets. PAGE Proprlal to Im1:row:rt;trrt Condition*Citywita: Q2:The city prioritizes paving busier streets to keep them In good condition while ensuring the lowest possible long-term cost About 15%of our streets–mostly local neighborhood and business streets– need paving,but have not been paved due to lack of funds.The total cost to pave these streets Is estimated at$11 million.Once this paving backlog Is completed,the condition of Tigard's streets will Improve and will make It less expensive to maintain the street system In the future.This would,In part, be paid for by an additional$2.52/month for residential customers over the next 10 years.Do you support this proposal to Improve the condition of Tigard's street system? Yea,I am willing to pay more now for better streets and a lower future cost. PAGE 4:1:apr..ving Street 1.pnear.nc"In Comm"n,ial Anna,: 03:The council Is considering expanding the right-of-way maintenance component of the Pavement Management Program.The expansion would allow the city to maintain landscaping and aesthetic Improvements made along major streets In commercial areas,like medians along Pacific Highway and Main Street.Currently,residential customers pay for all right-of-way maintenance(roughly$100,000). The council is considering expanding the right-of-way maintenance fee to generate an additional $50,000,which would be paid by business customers.Under the proposal,business customers would pay an additional$0.12 per parking space equivalent Would you support this Increase? Yes,businesses should pay for attractive right of way along commercial streets PAGE 5:Adju=unq Mr Inflation Q4:The clty a Pavement Management Program la designed to maintain streets In good condition. Currently,the fee Increases annually to account for the changes In the cost of paving.This inflation factor Increases the fee between 2%and 7%annually.if the cost to maintain streets Increases,which of these options would you prefer? Set the fee at the amount necessary and adjust for inflation.With the current Index,the fee will increase between$0.13 to$0.45 annually. https://www.surveymonkey.com/results/SM-7KND2Q7W/browse/ 2/24/2016 Funding Street Maintenance (Business)- Responses I SurveyMonkey Page 1 of 5 Survey Mon key Pro Sign Up Sign Up FREE Sign In Funding Street Maintenance (Business) P ;%1ree f,om Shire Cr Share L T I quatlan sum i .1.I?ndvd0ubl 4 resporl* . All Pages 59 &Ir.;12/1V2015-no f; Street maintenance fees are allocated to residential and commercial ratepayers based on the type of street being paved or sealed. In the current 5-year cycle of the Pavement Management Program, residential customers pay 67% of the geed Imights`l ro ram costs and business customers °'hdeyr,'•l -, r.� ..z•,:Isofexphrtly- P 9 dt,,,.qac=d, :Ar Vptr 5. pay 33% of program costs. In the next five- year cycle,there is a greater need to pave Sign up FREE . or seal arterial and commercial streets with a decrease in work on residential streets. With this shift in the work, costs will be split with 58% ($5.30/month) paid by residential customers and 42% ($1.98/parking space equivalent) paid by business customers. Is this split acceptable to you? Yes,business should pay m... No, 6 residemlel... No,business should pay... 0% 10% 20.4 30% 40% 50% 60% 70% 00% 90 100 Answrr Choices F.sponses Yea,business should pay more since there will be Increase In work on commercial and 50.00% 2 arterial streets. No,residential should pay more. 25.00% No,business should pay more. 25.00% 4 Q2 https://www.surveymonkey.com/results/SM-QQCVYQ7W/ 2/24/2016 Funding Street Maintenance(Business) - Responses ) SurveyMonkey Page 2 of 5 The city prioritizes paving busier streets to keep them in good condition while ensuring the lowest possible long-term cost.About 15% of our streets—mostly local neighborhood and business streets—need paving, but have not been paved due to lack of funds.The total cost to pave these streets is estimated at$11 million. Once this paving backlog is completed,the condition of Tigard's streets will improve and will make it less expensive to maintain the street system in the future. This would, in part, be paid for by an additional $0.66/month per parking space equivalent for non-residential customers over the next 10 years.Do you support this proposal to Improve the condition of Tigard's street system? Atti<W.rttC R 5'rtt:pad:a Yes,I am willing to p... • No,I am not - __ willing to p... i 0, 10% 20" 30.94 40% 50% 571' r0''- 80', 80% 100% Answer Choices Responses Yes,I am willing to pay more now for better streets ands lower More cost. 75.00% No,I■m not willing to pay more at this time. 25.00% . 03 The council is considering expanding the right-of-way maintenance component of the Pavement Management Program.The expansion would allow the city to maintain landscaping and aesthetic improvements made along major streets in commercial areas, like medians along Pacific Highway and Main Street. Currently, residential customers pay for all right-of-way maintenance(roughly $100,000). The council is considering expanding the right- of-way maintenance fee to generate an additional $50,000,which would be paid by business customers. Under the proposal, business customers would pay an additional$0.12 per parking space https://www.surveymonkey.com/results/SM-QQCVYQ7W/ 2/24/2016 .Funding Street Maintenance (Business) - Responses I SurveyMonkey Page 3 of 5 equivalent.Would you support this increase? :.n•s..r,rf.4 .0.I g-C:0 Yea, businesses... No,I don't want to pay.. 0% 10`,, 20,0 3095 40% 501.. 0095 70% BO— 90"0 100 5 Answer Choices Responses Yes,businesses should pay for attractive tight of way along commercial streets. 25.00% No,I dent want to pay mon for rightof-way maintenance. 75.00% ,. Tar,I .an• ... '1) 0• Businesses are charged for a street maintenance fee based on the number of parking spaces that they would be required to include if they built today.This approximates the number of trips the business generates on Tigard's streets and functions like a per-square-foot fee based on the business type. The fee structure for business customers is based on a minimum of 5 required parking spaces, and is currently capped at a maximum of 250 parking space equivalents. Businesses with more than 250 parking space equivalents,such as retail businesses with more than 83,333 sq.ft. or office buildings with more than 93,000 sq.ft., are not charged for parking space equivalents above this cap.Do you think the maximum should: Stay the same, capped at 25_. increase to 500 span... Remove the cap and business... 0% 10'6 20:6 30% 4C. 507. 60.: 701" CO% gG'u 16Y https://www.surveymonkey.com/results/SM-QQCVYQ7W/ 2/24/2016 •Funding Street Maintenance (Business) - Responses I SurveyMonkey Page 4 of 5 Answer Choices Responses Stay the same.capped at 25D parking space equivalents. 25.00% t Increase to 50D space equivalents. 0.00% o Remove the cap and businesses pay for a0 required parking apace equivalents. 75.0D% 4 OS The city's Pavement Management Program is designed to maintain streets in good condition. Currently,the fee increases annually to account for the changes in the cost of paving.This inflation factor increases the fee between 2% and 7% annually. If the cost to maintain streets increases,which of these options would you prefer? s 7!ippc... Keep the fee at its curse... Set Ne fee at - f the amount.. ' - - ! 0% 10% 20`t 30% 40% 50% 004' 70% &1% 00% 100'," ( Mswer Choices Responses Keep the he at Its carrsent amount($1.44/month)with no adjustment for inflation even 0.00% though It will mean a,eduction In pavement conditions. Set the tee et tM amount necessary and adjust for Inflation.With the current index,the fee 100.00% will Fromm between 50.03 to$0.10 annually. 4 https://www.surveymonkey.com/results/SM-QQCVYQ7W/ 2/24/2016 Funding Street Maintenance (Business) -Responses 1 SurveyMonkey Page 1 of 2 441, Surveyi-1onikey Pro Sign Up Sign Up FREE Sign In Funding Street Maintenance (Business) n ty:. Share -isew loiter.! 1,,ff4.:>aN'lu DM.. Indvidual -- 1.42 .:mmar,i. L.I Tronas Responses 4 rt.:: iori s Respondent#4 All Pages 59 days(12/2e/220 i 5-ncw) #4 COMPLETE Stated:Monday,January 04,2016 5:14:59 PM 1 v Last Modified:Monday,January 04,2016 5:213:35 PM Time Spank 00:13:36 IP Address:74.93.189.221 C•irrent Program .. dozen.' r;is Street maintenance fees are allocated to residential and commercial ratepayers based on the type 1.,. of street being paved or sealed.In the current 5-year cycle of the Pavement Management Program, residential customers pay 67%of the program costs and business customers pay 33%of program Sign up FREE I costs.In the next five-year cycle,there Is a greater need to pave or seal arterial and commercial streets with a decrease In work on residential streets.With this shin In the work,costs will be split with 58%($5.30/month)paid by residential customers and 42%(61.98/parking space equivalent)paid by business customers.Is this split acceptable to you? No,residential should pay more. Comment Commercial rarely uses residential,but residential uses commerce! externsiveiy.The split should not be changed.Congestion is already a heavy burden on local businesses. Pi9GU 3:Propati•ai to improve Sirset Oc:nd:tit;.1:>Oily wide 2:The city prioritizes paving busier streets to keep them In good condition while ensuring the lowest possible long-term cost.About 16%of our streets—mostly local neighborhood and business streets— need paving,but have not been paved due to lack of funds.The total cost to pave these streets Is estimated at$11 million.Once this paving backlog is completed,the condition of Tigard's streets will improve and will make it less expensive to maintain the street system in the future. This would.In part,be paid for by an additional$0.66/month per parking space equivalent for non-residential customers over the next 10 yeara.Do you support this proposal to Improve the condition of Tigard's street system? No,I am not willing to pay mare at this time. Continent This expense should be shared under We normal 2/31/3 plan.If this were the case then we would support the Increase and improvements. PAGE.4:irtarving Sto,to Appearanr. Cls:The council is considering expanding the rlght.of-way maintenance component of the Pavement Management Program.The expansion would allow the city to maintain landscaping and aesthetic Improvements made along major streets In commercial areas,like medians along Pacific Highway and Main Street Currently,residential customers pay for all right-of-way maintenance(roughly$100,000). The council is considering expending the right-of-way maintenance fee to generate an additional 650,000,which would be paid by business customers.Under the proposal,business customers would pay an additional$0.12 per parking space equivalent Would you support this increase? No,I dant want to pay mare for nght-of-way maintenance. Comment We would be more in favor of a small additional fee to pay a portion of the current budget which already seems high.If there is more money there is greater chance that it wit be wasted. PAGE 5:Fe,, tructure 04:Businesses are charged for a street maintenance fee based on the number of parking spaces that they would be required to Include H they built today.This approximates the number of trips the business generates on Tigard's streets and functions like a per-square-foot fee based on the business https://www.surveymonkey.com/results/SM-QQCVYQ7W/browse/ 2/24/2016 Funding Street Maintenance(Business) - Responses I SurveyMonkey Page 2 of 2 type. The fee structure for business customers Is based on a minimum of 5 required parking spaces, and is currently capped at a maximum of 260 parking space equivalents.Businesses with more than 260 parking space equivalents,such as retail businesses with more than 83,353 sq.ft.or office buildings with more than 93,000 sq.ft,are not charged for parking space equivalents above this cap.Do you think the maximum should: Remove the cap end businesses pay for all required parking space equivalents, Comment Remove the cap.Businesses with more parking generate more revenue.A reduced rate for anything over 250 would be a fair balance as all spaces are not always full and often end up being used by non-customers as well.Mega businesses also do not really fit the lifestyle that Tigard is better known for,so removing the cap wit server dual purposes that improve Tigard for all. PAGE'6:Adjusting for hifiat'cn Cr::The city's Pavement Management Program Is designed to maintain streets In good condition. Currently,the fee Increases annually to account for the changes In the cost of paving.This Inflation factor Increases the fee between 2%and 77.annually.If the cost to maintain streets Increases,which of these options would you prefer? Set the fee at the amount necessary and squat for Inflation.Wim the current index,the fee will increase between$0.03 to$0.10 annually. Comment Increases for inflation are logical.Without the adjustment the funding will shrink every year. ,I, S!try 7y Honked. https://www.surveymonkey.com/results/SM-QQCVYQ7W/browse/ 2/24/2016 Carol Krager From: Marty Wine SUPPLEMENTAL PACKET Sent: Monday, March 21, 2016 7:55 PM FOR -Mardi 42a, ()M(; To: Carol Krager (DATE OF MEETING) Cc: Toby LaFrance Subject: Fwd: Tigard Business: Email Update - Street Maintenance Fee proposed increase Attachments: image001.png; image002.png; image003.png; image004.png; image005 jpg Carol, please include this written testimony for the hearing tomorrow night. Thanks Marty Sent from my iPhone Begin forwarded message: From: Steve DeAngelo<steveCa@cateringbydeangelos.com> Date: March 21, 2016 at 5:47:52 PM PDT To: 'Toby La France' <Toby@tigard-or.gov>, <marty@tigard-or.gov>, <mayorcook@tigard-or.gov>, <councilmail@tigard-or.gov> Cc: 'Lloyd Purdy' <LloydP@tigard-or.gov>, 'Debi Mollahan' <Debi@tigardchamber.org>, 'Mike Stevenson' <mike.stevenson@comcast.net> Subject: RE:Tigard Business: Email Update-Street Maintenance Fee proposed increase Toby, I will try to attend this hearing, but may have a conflict- hence I am compelled to write with my viewpoint.The street maintenance fees have long been a controversial topic for the community at large. We appreciate the efforts the COT makes to maintain our streets. I understand maintaining is best and falling behind costs more in the end. I can tell you increasing small businesses portion by nearly double(93%)-coupled with new minimum wage increases, paid sick leave, a fragile economy and the host of other increasing costs to run a business makes this a challenge at best. The language in the proposal in references to "caps"—is confusing at best. The nonresidential fee will be calculated with a cap of 250 spaces for any individual customer, however, the calculated fee will be charged without a cap to nonresidential customers. TMC 15.20 with Proposed Changes Marked If you can explain what this actually means, great- I am concerned future councils as well as the general population could have vast differences in interpretation here. Council, Staff and the City in general have given in long enough to the efforts of the larger retailers. I cannot fathom the trip generation of Washington Square type location on a daily basis- I brought this up years ago and was immediately reminded that ODOT roads border this shopping center. My vehicle needs to travel on the exact roads mentioned in the proposal to get to the ODOT maintained roads. I can tell you that a quick search tells me that Washington Square alone has 6500 parking spaces. Add in Bridgeport, WinCo, Walmart, Fred Meyers,Target, Costco and the other large retailers and I can only 1 imagine the funding the COT would have to maintain our roads as well as enhance our transportation alternatives. Thank you in advance for allowing me to speak on behalf of my small business. It's time for everybody to pay their fair share and quit giving the breaks to the most significant trip generators. Steve DeAngelo, President DeAngelo's Catering & Events 9037 S.W. Burnham Street Tigard, Oregon 97223 503-620-9020 Office 503-620-3964 Fax www.caterin b dean elos.c gY g om From: Lloyd Purdy [mailto:LloydP@tigard-or.gov] Sent: Monday, March 14, 2016 10:49 AM To: Lloyd Purdy<LloydP@tigard-or.gov> Cc:Toby La France <Toby@tigard-or.gov> Subject:Tigard Business: Email Update -Street Maintenance Fee proposed increase Tigard Business Leaders, The City of Tigard is dedicated to providing safe and manageable roads for residents, commuters, employees and commerce. Recently, the City conducted community outreach through surveys and meetings to determine how best to fund maintenance on our city's existing transportation infrastructure. This resulted in a proposal to City Council to increase the Street Maintenance Fee collected through utility bills to help cover the cost of road maintenance. While all utility customers will see a rate increase, road maintenance plans for the next five years focus on arterial roads primarily serving commuters, employees and commercial activities. Currently, the portion of the Street Maintenance Fee in your utility bill that pays for maintenance of the right-of-way is borne only by residential customers. In the proposal under consideration, City Council directs that an additional $50,000 be collected annually to support right-of-way maintenance in commercial areas. The proposal states that these additional funds will be paid by non-residential customers. The result will be a 92% increase in this charge on your utility bill. As a proxy for the amount of traffic a business generates causing wear and tear on local roads, the City of Tigard uses the number of parking spaces that would be required under code for the size and use for your business if your business was built today. Currently this number is capped 2 at 250 spaces per property. Part of the proposal under consideration is that the cap be removed. Tigard City Council will be holding a public hearing on March 22, 2016. The business meeting begins at 7:30 p.m. The location will be in Town Hall, 13125 SW Hall Blvd. Tigard, OR. We welcome your attendance and feedback in regards to the proposal. If you wish to comment but are unable to attend you may contact Toby LaFrance, Finance Director at Tobv@Tigard-or.gov. Mailing address: 13125 SW Hall Blvd, Tigard, OR 97223. More information can be found at http://www.tigard-or.gov/city hall/Streets.php Lloyd Purdy Economic Development Manager City of Tigard 13125 SW Hall Blvd. Tigard OR 97223 503.718.2442 Iloydp(aJtigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." No virus found in this message. Checked by AVG - www.avg.com Version: 2016.0.7294 /Virus Database: 4542/11859 - Release Date: 03/21/16 3 1 AGENDA ITEM No. 5 Date: March 22, 2016 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Informational Public Hearing - CONSIDERATION RESOLUTION ADOPTING INCREASED STREET MAINTENANCE FEE This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: March 22, 2016 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. &f /, Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. N ame,Address&Phone No. AIS-2517 6. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): 10 Minutes Agenda Title: Consideration of Contract Award for Tigard Triangle Strategic Plan Implementation Prepared For: Joseph Barrett Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for the implementation of the Tigard Triangle Strategic Plan to MIG Inc.? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends a contract for the implementation of the Tigard Triangle Strategic Plan be awarded to MIG Inc. for an amount not to exceed $145,250 and the City Manager authorized to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The purpose of this project is to build upon and implement the Tigard Triangle Strategic Plan by: 1. Creating and adopting a package of design and financial tools that facilitates redevelopment in the Tigard Triangle, and 2. Creating and implementing an educational campaign that results in a successful public vote on urban renewal and helps change the Triangle's image from an office and big-box shopping destination to a mixed-use, pedestrian-oriented district where people live, work, shop, and recreate. Since the formation of an urban renewal district requires the approval of the city's voters, it will be imperative to engage, educate, and elicit support from the city's voters on urban renewal throughout the process. In order to build broad community support early on, staff will be asking each of the city's standing councils, committees, and boards to send one representative to serve on the project's Urban Renewal Citizen Advisory Council (CAC). Staff anticipates convening the CAC in May 2016 on a monthly basis for approximately 6 months and hopes that Council will consider sending a representative. PROJECT TIMELINE Summer 2016: Streetscape Design Plan Summer—Fall 2016: Urban Renewal Plan (including Opportunity Sites Analysis) Spring 2017: Urban Renewal Vote At its February 23 meeting, Council directed staff to enter into an Intergovernmental Agreement (IGA) with Metro for the purpose of receiving $145,250 in CPDG funds to implement the Tigard Triangle Strategic Plan. Staff utilized the specific deliverables identified in the IGA to develop the attached scope of work, and the city issued a Request for Proposals for this work in late January 2016. Three proposals were received from the following firms on February 11, 2016: • MIG Inc. • Cardno Inc. • DPZ Partners Staff reviewed and scored the proposals based on the following criteria: • Firm and team qualifications • Project understanding and approach • Cost/fee structure After careful consideration, staff recommends that the city award the contract to MIG Inc. and their team of subconsultants. Senior Planner Susan Shanks will manage the contract and resulting work products, including the following key deliverables: • Streetscape Design Plan • Opportunity Sites Analysis • Urban Renewal Plan • Urban Renewal Educational Campaign and Rebranding Strategy These deliverables will be developed in coordination with the Lean Code Project, managed by Associate Planner Cheryl Caines, and the Value of Place Project, managed by Economic Development Manager Lloyd Purdy and in association with State of Place and Delta Planning, a 4-person student team from Portland State University's Masters in Urban & Regional Planning program. OTHER ALTERNATIVES Local Contract Review Board may choose to not enter into this contract with MIG Inc. and direct staff to issue another Request for Proposals instead. This would delay the start of the project by a few months, which may or may not delay the planned urban renewal vote in 2017. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Council Goal 3: Adopt and Begin Implementation of Tigard Triangle Strategic Plan Approved Plan: Tigard Triangle Strategic Plan adopted March 2015 DATES OF PREVIOUS CONSIDERATION March 2015: Council adopted the Tigard Triangle Strategic Plan June 2015: Council directed staff to submit a CPDG application to Metro February 2016: Council directed staff to enter into an IGA with Metro for CPDG funds The Local Contract Review Board discussed this project at their March 15, 2016 workshop. Fiscal Impact Cost: $145,250 Budgeted (yes or no): Grants Where Budgeted (department/program): General Fund Additional Fiscal Notes: The city will be entering into an Intergovernmental Agreement with Metro for $145,250 in CPDG grant funds for this project. The grant funds will need to be included in the FY2017 Budget. Attachments No file(s) attached. AIS-2529 7. Business Meeting Meeting Date: 03/22/2016 Length (in minutes): 10 Minutes Agenda Title: Consider a Resolution Granting Exemption from Property Taxes under TMC 3.50 for Five Non-Profit Low Income Housing Properties Prepared For: Toby LaFrance Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall four low-income housing projects owned and operated by Community Partners for Affordable Housing (CPAH) and one property operated by Resident Resources be exempted from City of Tigard Property taxation for 2016? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of this resolution. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code 3.50 allows certain organizations providing low-income housing to be exempted from Tigard property taxation upon application by March 1 of each year and a demonstration of compliance with certain criteria listed in the code. Community Partners for Affordable Housing owns and operates Greenburg Oaks located at 11875 SW 91st Avenue in Tigard. They also own Village at Washington Square at 11157-11163 SW Hall Blvd in Tigard; the Knoll at Tigard, 12291 SW Knoll Drive; and a single family house located at 9330 SW Tangela Court in Tigard. Resident Resources owns and operates Hawthorne Villa at 7705 SW Pfaffle St. These projects are operated as low-income housing and meet all criteria listed in the Tigard Municipal Code. Community Partners for Affordable Housing submitted four applications for exemption from 2016 property taxes on February 16, 2016, and Resident Resources submitted their application for Hawthorne Villas on February 26, 2016, which is within the March 1 deadline. These applications were reviewed by staff in the city's Community Development Department and staff determined that the requested tax exemptions are consistent with the applicable Tigard Municipal Code and also the adopted City Housing Policy. The attached resolution gives consent from the City of Tigard for this tax exemption. OTHER ALTERNATIVES Do not approve this tax exemption. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS NA DATES OF PREVIOUS CONSIDERATION NA Attachments Resolution Greenburg Oaks Tangela Knoll at Tigard Village at Washington Square Staff report for CPAH properties Hawthorne Villa Staff Report for Hawthorne Villa Fiscal Impact CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR FIVE NON-PROFIT LOW-INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) AND HAWTHORNE VILLAGE GENERAL PARTNERSHIP. WHEREAS,Tigard Municipal Code (TMC) section 3.50 provides procedures for application and consideration on non-profit corporation low-income housing project exemptions from property taxes;and WHEREAS,the TMC requires application for exemption be filed with the city by March 1;and WHEREAS, Community Partners for Affordable Housing is a qualified non-profit organization, filed a request dated February 16, 2016 for exemption from property taxes for four low-income housing projects, and meets all the applicable criteria for exemption in TMC 3.50;and WHEREAS, Hawthorne Village General Partnership purchased Hawthorne Villa on March 9, 2016, filed a request dated March 10, 2016 for exemption, and meets all the applicable criteria for exemption in TMC 3.50; and WHEREAS,upon review of the application it was found granting the exemptions would be consistent with the applicable Tigard Municipal Code and also with the adopted city housing policies. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The applicants, Community Partners for Affordable Housing and Resident Resources on behalf of Hawthorne Village General Partnership, qualified for the exemption set forth in Tigard Municipal Code Section 3.50. SECTION 2: The Finance and Information Services Director is directed to certify to the Assessor of Washington County that the five properties that received exemption in the prior year: a. Village at Washington Square, 11157-11163 SW Hall Blvd.,Tigard b. Single-family house located at 9330 SW Tangela Court,Tigard c. Greenburg Oaks, 11875 SW 91'Avenue,Tigard d. The Knoll @ Tigard,12291 SW Knoll Drive,Tigard e. Hawthorne Villa,7705 SW Pfaffle,Tigard SECTION 3: The Finance and Information Services Director is directed to certify to the Assessor of Washington County that the City of Tigard has not added any new properties receiving exemption of property taxes this year that did not receive exemption in the prior year. SECTION 4: The Finance and Information Services Director is informing the Assessor of Washington County that the City of Tigard has not dropped exemption of property taxes for any properties that received exemption in the prior year: RESOLUTION NO. 16- Page 1 SECTION 5: This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor-City of Tigard A'TEST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 2 COMMUNITY PARTNERS • • FOR AFFORDABLE HOUSING, INC. AIL i PO Box 23206 • Tigard OR 97281-3206 • Te1:503-293-4038 • Fax:503-293-4039 • www.cpahinc.org • info@cpahinc.org City of Tigard Application for Tax Abatement January 15, 2016 Greenburg Oaks (formerly Villa La Paz)Apartments 11875 SW 91st Avenue, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter A. Property Description Greenburg Oaks Apartments (Tax account # R-276472), 11895 SW 91St Avenue, is just off Greenburg Road, near Pacific Highway. The site sits on 3.01 acres and consists of 84 units in four buildings: 12 one-bedroom/one-bath 564 square foot units, 60 two-bedroom/one-bath 839 square foot units, and 12 three-bedroom/one-bath 1,007 square foot units. In 1998, CPAH added the now much used Community Center to the complex. The Community Center houses a computer center, library, multipurpose room and property management office. In 2005/2006, CPAH completed a$3.5 million dollar rehabilitation of the apartment interiors, building exteriors and project site. Highlights of the rehab included:replacing all building siding and windows,re-configuring and repaving the parking lot, replacing all landscaping, upgrading the recreation facilities, upgrading site lighting and signage. Interior work included replacing all waterlines and drains, replacing all cabinets, countertops, light fixtures and most appliances (refrigerators, dishwashers, hot water heaters)with Energy Star rated devices, replacing all window coverings and many carpets, re-texturing and repainting all apartment interiors. The rehab project featured energy saving appliances, compact fluorescent light fixtures, better insulation, and low volume plumbing fixtures, all of which have reduced tenant energy costs. The rehab work was done without displacing any tenants and with very minimal rent increases. As a testament to the quality of the rehab work, vacancies generally average under 5%, accounts payable are current and annual cash flow is positive. In 2011, CPAH completed exterior re-caulking and exterior painting as part of on-going quality maintenance at Greenburg Oaks. Financing for the project came from a number of public and private grants and low income housing tax credit investments. No new debt was taken on. Approximately $10,000 of the funding was provided by the City of Tigard Affordable Housing Fee Assistance program. Other funding came from the Meyer Memorial Trust, the Paul Allen Foundation, the Oregon Community Foundation, Washington County Office of Community Development through the CDBG and HOME investment programs, and the State of Oregon. Key Bank increased its investment by over$2 million dollars. Legal Description: The site is located in the southeast 1/4 of Section 35,Township 1 South, Range 1 West(Willamette Meridian). Tax Lot: The Washington County Map shows the site as tax lot 23-74-2000, Parcels I, II,and III. B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of: permanent affordable housing,sustainable economic growth,and community-based partnerships. CPAH's acquisition and renovation of the complex has ensured that the previously neglected property is professionally managed as safe,decent, and affordable housing. Greenburg Oaks has significantly reduced the housing cost burdens of our families. The efficient delivery of our services improves the health and prospects for all household members, and serves to help break the multi- generational cycles of poverty. CPAH's commitment to 40 years of affordability for those at 50 and 60%of median income guarantees that these apartments will be affordable effectively for the life of the buildings. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to be sure that our programs are well-coordinated with other community resources. Partnerships with Community Action, Good Neighbor Center, Luke-Dorf, HopeSpring, APPLICATION FOR TAX ABATEMENT PAGE 2 OF 4 Neighborhood House, Lifeworks NW and other organizations to provide information and referral as well as emergency services like food boxes and rent and utility assistance. Coordination agreements with these agencies enhances ongoing case management and provides a fresh start to many families facing significant barriers moving from homelessness to permanent housing. Several families each year are being reunited with their children as a result of receiving a housing opportunity at Greenburg Oaks. Three of the apartments are reserved for low income families with at least one member in active recovery from alcohol or drug addiction and an additional two apartments are set- aside for clients of the LukeDorf Housing Team. The Community Center at Greenburg Oaks is the focal point for support, skill building, and community building activities offered by CPAH through its resident services program which includes after-school and summer youth programs as well as the annual winter coat distribution and holiday event. CPAH's on-site computer learning center is used by youth for homework, research, e-mail, and educational games; and by adults for job search activities and Internet access. The Tigard Library has twice obtained grant resources to purchase children's material for our on-site library. CPAH offers a variety of adult services as well. The Community Center is also host to a number of general community activities including rent readiness courses, HopeSpring parenting classes, financial literacy classes, parenting safety skills and budget and nutrition classes. The Community Center hosts weekly meetings for AA, NA, and Alanon groups. Food distributions are also held in the Community Center for both the residents at Greenburg Oaks and others in the surrounding community. C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy and are recertified each year. CPAH has covenants with the state and with Washington County to use the property exclusively for low income rentals for a period of at least 40 years. These covenants require that all households have earnings at or below 60%of the area median income. Some units are restricted to households earning at or below 50%. Compliance with these covenants is monitored by the State of Oregon Department of Housing and Community Services and by theWashington County Office of Community Development. We certify that all apartments in this property are targeted to and remain affordable to households earning at or below 60%of the Area Median Income. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents. Every dollar reduction in operating costs is passed on as a reduction in the scheduled rents. Some costs,such as the cost of operating our youth programs, must be funded from outside sources mostly through fund raising. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is general partner of the Villa La Paz Limited Partnership, a single asset entity established for the purpose of acquiring the apartments and qualifying for low-income housing tax credits. CPAH's IRS Determination Letter is attached. CPAH undergoes a full independent audit of its books annually, as does Villa La Paz, LP. Both the State of Oregon Housing and Community Services APPLICATION FOR TAX ABATEMENT PAGE 3 OF 4 Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. • (Ai f R chael Duke, Executive Director ate APPLICATION FOR TAX ABATEMENT PAGE 4 OF 4 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. 0. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1155559 11AA ) 1 )iy DLN: 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID# 31187 PO BOX 23206 Contact Telephone Number: TIGARD, OR 97281-3206 (877) 829-5500 Our Letter Dated: February 1995 Addendum Applies: No Dear Applicant: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a) (1) and 170(b) (1) (A) (vi)'. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However', if you lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, C.. . District Director Letter 1050 (DO/CG) COMMUNITY PARTNERS wittahhaltift1/4:iii FOR AFFORDABLE HOUSING INC. � PO Box 23206•Tigard OR 97281-3206•Tel:503-293-4038•Fax:503-293-4039•www.cpahinc.org• info@cpahinc.org City of Tigard Application for Tax Abatement January 15,2016 Tangela Single Family Rental Home 9330 SW Tangela, Tigard, OR A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter A. Property Description Community Partners for Affordable Housing,Inc.acquired the single family"Tangela House" at 9330 SW Tangela in Tigard, on December 31, 1999, with assistance from the Washington County CDBG program and an original loan from Washington Mutual Savings Bank which is now with Banner Bank. The Tangela home is located just two blocks from CPAH's multifamily project, Greenburg Oaks Apartments and is overseen by the site manager at Greenburg Oaks. The two story 1,916 square foot house sits on a 5,450 square foot lot and is zoned R-7 residential. CPAH converted an upstairs bonus room into a 5th bedroom and completed other necessary repairs after the initial acquisition as well as additional upgrades after the first turnover. In 2013, CPAH replaced the furnace and plans to re-roof and re-paint the home in the next two years. The first residents lived in the home from early 2000 until late 2006 when they moved out of the area. The current residents have been in the home since February 2007 and remain in the home today. We consider these tenancies as very successful outcomes providing a stable neighborhood environment to raise families that had previously experienced transient and sub-standard housing. Legal Description: Barbee Court, Lot 1,Tigard, County of Washington, State of Oregon. Tax Lot: 1S135DC-05300. B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing,Inc.(CPAH)is to promote a healthy community through the development of permanent affordable housing,sustainable economic growth,and community-based partnerships. CPAH acquired the single family home in order to assist the County and the Good Neighbor Center Shelter in meeting a''replacement unit"requirement triggered by the Uniform Relocation Act when the shelter acquired its current site and demolished a single family home housing a low- income family. CPAH completed needed repairs and upgraded the Tangela home to a five- bedroom dwelling, in order to provide a rare opportunity in our community—an affordable single- family rental house for a very large family. The home is proximate to CPAH's Greenburg Oaks property,where management and resident services are available to the household. These services include a computer center,community room, neighborhood watch, Individual Development Account grants, and other programs.The resident services coordinator and property management staff visit the home on a regular basis to ensure that the property is well managed and to maintain an ongoing relationship with the residents. The home is located within a census tract(309)which has a higher than average concentration of low-income rental households. The number of residents without a high school diploma is notably higher than for Tigard as a whole. This area boasted the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9%of Tigard's population base, it is home to nearly 16%of the city's minority households. C. Certification of Resident Income Levels Resident income level is verified upon application, and must be less than 60%of the area's median income. Income is recertified annually. We certify that all residents served by this property earned at or below 60%of the AMI. APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 D. How Tax Exemption Will Benefit Residents 100%of the property tax exemption is passed on as a direct subsidy for the residents. Every dollar reduction in operating costs results in a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement,we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is direct owner of the Tangela property and is a nonprofit 501(c)(3) organization. Our operations are audited annually to, among other things, confirm that we are in compliance with our charitable status and with requirements of the County grant and Banner Bank loan documents. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of residents for compliance with program guidelines. , , 1 13 it. Rac ael Duke, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1155559 ilAfi 1 DLN: 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID41 31187 PO BOX 23206 Contact Telephone Number: TIGARD, OR 97281-3206 (877) 829-5500 Our Letter Dated: February 1995 Addendum Applies: . No Dear Applicant: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a) (1) and 170(b) (1) (A) (vi)'. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. Howeve , if you lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, 4,-017. 2.(60,4410,/f District Director Letter 1050 (DO/CG) COMMUNITY PARTNERS hiA116, :yr• � OAFFORDABLE INC. M ► FOR HOUSING, PO Box 23206•Tigard OR 97281-3206•Tel:503-293-4038•Fax: 503-293-4039•www.cpahinc.org• info@cpahinc.org City of Tigard Application for Tax Abatement January 15,2016 The Knoll at Tigard 12291 SW Knoll Drive Tigard, Oregon 97223 A. Property Description ' Charitable Project's Charitab e Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter PAGE 1 OF 3 A. Property Description The Knoll at Tigard is located at 12291 SW Knoll Drive in Tigard (on Hall Boulevard between SW Knoll and SW Hunziker). The Knoll is a prime example of urban development,perched on the edge of the developing downtown of the City of Tigard, walking distance to the library, senior center, transportation, shopping and a variety of other amenities. Previously, three parcels of land totaling 1 acre supported only 3 single family residences. Following the recent zone change, and consistent with the long range goals of the City development plans, The Knoll at Tigard brings this density to nearly 50 units per acre. The design takes advantage of a site with an established infrastructure of utilities, adjacent transportation and services. The Knoll receives a "very walkable" rating from Walkscore.com. The Knoll at Tigard is a 45,000 square foot, 48-unit apartment building along with common rooms and meeting space, providing active living for independent, low-income seniors. Streetscape improvements were required on all 3 street frontages, including development of sidewalks, planting strips with street trees and below-grade utilities. Public spaces including entry courtyards and site walks are well lit. The Knoll at Tigard is a secure access building with a surveillance system. The total site contains .98 acres. Legal Description: see attached Exhibit A Tax Lot: R458454, R458436, R458445 B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of: permanent affordable housing,sustainable economic growth,and community-based partnerships. The Knoll at Tigard is CPAH's first affordable units for seniors in Tigard and compliments CPAH's affordable units for seniors in Hillsdale. The 48 units are affordable to very low and low income residents on a permanent basis (The Knoll at Tigard provides affordable housing for a minimum of sixty(60)years,with maximum rents regulated by covenants on the property). Rents are affordable to households at 30% to 60% of area median income and below market rents. 45 of the units are one bedroom units and 3 of the units are two bedroom units(1 of which for the on-site manager). 12 of the one bedroom units are Project Based Section 8 units through the Washington County Housing Authority and are set-aside for Veterans. CPAH has expanded its community partnerships with the Tigard Police, the Tigard Library and the Veteran's Administration.The common areas include a living room and kitchen for residents' use as well as a computer center. The community room is available for resident potlucks, holiday events and other activities. C. Certification of Resident Income Levels Resident income levels are certified upon application. The seniors at The Knoll may remain in their units as long as they income qualify at entry. Rents for the one bedroom units average $677/per month for the one-bedroom apartments(18%+ below market rates). Rents are$757 per month for the two-bedroom apartments. Water, sewer and trash are included in the monthly rental. PAGE 2 OF 3 D. How Tax Exemption Will Benefit Residents The property tax exemption is a direct savings for the residents,allowing for reduced operating costs which results in reduced rents for the seniors at The Knoll. For both the initial development,and long term operations of the project,full tax abatement is essential. The project pro forma allowed for the construction of The Knoll which meets all City and State design requirements along with affordable rents for our seniors. The Knoll includes financing through Washington County HOME and CDBG funds,State of Oregon Trust Fund and Tax Credits. JPMorgan Chase is the private lender with Enterprise Neighborhood Partners as the investor(under the tax credit program). Tax abatement was critical in meeting lender and investor requirements while keeping rents affordable for The Knoll at Tigard and is key to long- term sustainability of the project operating with affordable rents for seniors. E. Tax Exempt Status CPAH, an Oregon non-profit, is the general partner of The Knoll at Tigard Limited Partnership, a single asset entity. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually, as does The Knoll at Tigard. Mark Schwing of Markusen&Schwing in Beaverton currently provides audit services for CPAH and CPAH's single asset properties.The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development both inspect and audit the project annually. The tax credit investor(Limited Partner) also monitors and inspects the project as does Washington County. F. Verification of Information As CPAH's executive director, I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management acts as the property management agent providing the day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. • D1/41(.. _ 13 • Ilo Rachael Duke, CPAH Executive Director Date PAGE 3 OF 3 EXHIBIT A • LEGAL DESCRIPTION • Real property in the County of Washington, State of Oregon,described as follows: LOTS 3,4,AND 5 OF THE DULY RECORDED PLAT OF "KNOLL ACRES", WASHINGTON COUNTY PLAT RECORDS,EXCEPTING THOSE PORTIONS TAKEN FOR STREET PURPOSES, SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 1 AND THE NORTHEAST ONE-QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, AND THE TRUE PLACE OF BEGINNING; THENCE SOUTH 29°01'00" WEST,ALONG THE SOUTHEAST LINE OF SAID LOT 5,A DISTANCE OF 149.08 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SW HUNZIKER STREET(WIDTH VARIES, BEING 37 FEET NORTHEASTERLY OF CENTERLINE); THENCE NORTH 6I°01'39" WEST, PARALLEL WITH AND 37.00 FEET NORTHEAST OF THE CENTERLINE OF SW HUNZIKER STREET,AND ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 55.91 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A 26.00 FEET RADIUS TANGENT CURVE CONCAVE TO THE NORTHEAST THROUGH A CENTRAL ANGLE OF 60°16'39" (CHORD BEARS NORTH 30°53'20" WEST, A DISTANCE OF 26.1I FEET)AN ARC DISTANCE OF 27.35 FEET TOA POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SW HALL BOULEVARD(WIDTH VARIES,BEING 50 EASTERLY OF CENTERLINE); THENCE NORTH 0°45'00"WEST,PARALLEL WITH AND 50.00 FEET EAST OF SAID CENTERLINE OF SW HALL BOULEVARD,AND ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 255.81 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A 26.00 FEET RADIUS TANGENT CURVE CONCAVE TO THE SOUTHEAST, THROUGH A CENTRAL ANGLE OF 97°l 8'55" (CHORD BEARS NORTH 47°54'27"EAST,A DISTANCE OF 39.04 FEET)AN ARC DISTANCE OF 44.16 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SW KNOLL DRIVE(WIDTH VARIES,BEING 27.00 FEET SOUTHERLY OF CENTERLINE); THENCE SOUTH 83°26'05" EAST,PARALLEL WITH AND 27.00 FEET SOUTH OF SAID CENTERLINE OF SW KNOLL DRIVE,AND ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE, A DISTANCE OF 107.23 FEET TO THE EAST LINE OF SAID LOT 3; EXHIBIT A DWT 14242935v4 0088349-000076 , • • THENCE SOUTH 00°45'00"EAST,ALONG THE EAST LINE OF SAID LOTS 3 AND 4,A DISTANCE OF 188.84 FEET TO THE TRUE PLACE OF BEGINNING • • EXHIBIT A 2 DWT 14242935v4 0065349-000076 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. 0. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1155559 11A13 1 1 1r3 DLN: 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID# 31187 PO BOX 23206 Contact Telephone Number: TIGARD, OR 97281-3206 (877) 829-5500 Our Letter Dated: February 1995 Addendum Applies: No Dear Applicant: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a) (1) and 170(b) (1) (A) (vi) Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, /./1 '/ 4617 401:6.,/ 0 District Director Letter 1050 (DO/CG) COMMUNITY PARTNERS *ttAIILVAI FOR AFFORDABLE HOUSING, 1NC. AIM a #�� PO Box 23206•Tigard OR 97281-3206•Te1:503.-293-4038•Fax:503-293-40390 www.cpahinc.org• info@cpahinc.org City of Tigard Application for Tax Abatement January 15,2016 Village at Washington Square 11157-11163 SW Hall Boulevard, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter A Property Description Village at Washington Square is located at 11157-11163 SW Hall Boulevard, between SW Spruce and SW Pfaffle in Tigard. The site is located within the Washington Square Regional Center and is proximate to employment opportunities as well as public transportation and other services. The Village at Washington Square includes three residential buildings with a total of 26 dwelling units, and a community building, all arranged around a central courtyard/play yard. The project includes one studio, seven one-bedroom, five two-bedroom, seven three-bedroom and six four-bedroom units. Eleven of the units are traditional apartment flats,while the other 15 are two-story townhomes with bedrooms above the main floor living space. The total site sits on .84 acres. In 2012,Village at Washington Square received exterior caulking and painting as part of the on-going focus on quality maintenance. Some additional landscaping was completed in 2013. Legal Description: Partition Plat 1998-038, Lot 1 and Partition Plat 1998-038, Lot 2 in the City of Tigard, County of Washington, State of Oregon Tax Lot: 1S135DA(04600&04700) B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of:permanent affordable housing,sustainable economic growth,and community-based partnerships. When it opened in 2002, The Village at Washington Square was the first addition of affordable units to the Tigard housing stock in a decade. The 26 units are priced to be affordable to very low, low, and moderate-income residents. The project is subject to an extended use agreement to keep the rents affordable for 60 years,effectively the full life of the project. This covenant is recorded with the title of the property and requires that rents will be affordable to households at 30%,45%and 60%of area median income and significantly below market rents. Half of the units are three and four bedroom apartments serving larger families who are often unable to find affordable rental opportunities in Tigard. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to ensure that our programs are well-coordinated with other community resources. CPAH works closely with Community Action and other agencies to provide information and referral as well as emergency services such as food boxes as well as rent and utility assistance. Coordination agreements with social service programs such as Lutheran Community Services and Community Action Organization, enhance ongoing case management and link stable housing with successful program outcomes. CPAH offers a variety of programs for youth including after school and summer programs as well as adult services including Neighborhood Watch, classes in support of parenting skills, budgeting and other financial literacy skills, and nutritional shopping and cooking. The Village at Washington Square is located within a census tract (309) which has a higher than average concentration of low-income rental households. The number of residents without a high school diploma is notably higher than for Tigard as a whole. This area has the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population, it is home to nearly 16%of the city's minority households. APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy and at annual re-certification. Residents may remain in their units as long as they income qualify at entry. Rents are well below the market for the area. We certify that all apartments in this project are targeted to and remain affordable to households earning at or below 60%of the AMI. Compliance with income restriction requirements is audited annually by the State of Oregon Department of Housing and Community Services,Washington County Office of Community Development, and by our limited partner investor, Key Bank. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents (lower rents)as operating costs are lower due to tax abatement. Some costs,such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement,we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is the general partner of the Village at Washington Square Limited Partnership, a single entity asset. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually, as does the Village at Washington Square. The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. ✓kc ✓ �1' / • /3 • / (� Rachael Duke, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1155559 MAI ) I 1 99 DLN: 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID#) 31187 PO BOX 23206 Contact Telephone Number: TIGARD, OR 97281-3206 (877) 829-5500 Our Letter Dated: February 1995 Addendum Applies: No Dear Applicant: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a) (1) and 170(b) (1) (A) (vi)'. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However', if you lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation statue, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, ‘0,/,(„egy 2.‘014:--11/1 District Director Letter 1050 (DO/CG) City of Tigard T l G A R D Memorandum To: Toby LaFrance, Finance and Information Services Director From: Marissa Grass,Associate Planner Re: CPAH 2016 Applications for Tax Exemption Date: March 22,2016 Community Partners for Affordable Housing(CPAH) has submitted separate applications for low- income housing tax exemptions for each of the four properties it owns and manages inside the city. The four include the 26-unit Village at Washington Square,the 84-unit Greenburg Oaks,the 48-unit Knoll at Tigard senior housing project,and a four-bedroom single family house located two blocks from the Greenburg Oaks units at 9330 SW Tangela Court. Tigard Municipal Code (TMC) 3.50.020, "Nonprofit corporation low income housing;exempt criteria," provides standards for considering exemption requests. Whether and how the CPAH applications meet each of these standards is detailed below. 1. The property is owned or being purchased by a corporation that is exempt from income taxes under Section 501(c) (3) or(4) of the Internal Revenue Code . . . A copy of an Internal Revenue Service letter,dated March 11, 1999,verifies that CPAH qualifies as a 501(c) organization. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining,in cash and in kind,to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. The list of submittal requirements under TMC 3.50.040 does not include any reference to information on asset liquidation,and the CPAH applications do not contain any such information. Shannon Wilson,Deputy Director for CPAH, sent electronic communication to staff confirming that the organization's incorporation papers do,indeed,include a provision of this kind. 3. The property is occupied by low-income persons. According to the CPAH submittals,in the case of all four of its projects,tenant income is verified upon application and is re-certified on an annual basis. Residents may remain in their units as long as they income qualify at entry. Household income at,or below,60% of median is the cut-off for continued eligibility. Within each of its applications,CPAH certifies that all residents served by the four properties in question earn at,or below,the 60%level. 4. The property or portion of the property receiving the exemption is actually and exclusively used for the purposes described in Section 501 (c) (3) or (4) of the Internal Revenue Code . . . CPAH is applying for full exemption at all four properties. All four properties are dedicated to nonprofit activities. 5. The exemption has been approved as provided in Section 3.50.050 This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor. Conclusion: CPAH-owned properties have qualified for tax exemption every year since 1996. According to the applications submitted for FY 16/17 exemption,no changes in circumstances have occurred that would disqualify the non-profit housing provider from continuing to receive the exemption. The city's "Affordable Housing Program," adopted in September 2002 as "a complete and official statement of the City's overall affordable housing program," includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. The exemption's purpose is to allow the operators of low-income housing to decrease annual operating expenses,thereby allowing them to serve lower-income households. According to the CPAH applications,if granted, 100% of the property tax exemptions will be passed on as a direct subsidy for its residents. Therefore,granting the exemptions to CPAH would be consistent with the applicable TMC standards and also with adopted city housing policies. 4 P F I d e n www.residentresourcesoregon.org 4800 SW Meadows Rd#300 Lake Oswego,Oregon 97035 Phone 503-534-3777 Fax 503-482-7430 To: City Of Tigard February 26,2016 13125 SW Hall Blvd Tigard,Oregon 97223 Attn:Marissa Grass Community Development Application for Tax Abatement Hawthorne Villas Located at 7705 SW Pfaffle Street Tigard, Oregon 97223 A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. Attachments A. Property Description Hawthorne Villa Apartments is located at 7705 S.W.Pfaffle Street in the City of Tigard.The property Is set on 4.76 Acres adjacent to Pacific Highway.The Property is composed of eight apartment buildings with a single family home in front that is currently used as managers home and office with some space used for the community room, See Attachment#1 site plan.In these eight buildings there are one hundred eighteen separate apartments consisting of sixty two one bedroom apartments that are approximately six hundred five square feet,twenty one,one bedrooms that are approximately six hundred eight five square feet,five two bedrooms one bath at approximately seven hundred ninety square feet and thirty studio apartments that are three hundred sixty square feet.The property is restricted to low income families who make 60%of the average medium income for Washington County. The project has recently been purchased by a respected local property owner(see attachment#2) who plans to maintain the affordability component to the property.His name is Rajiv Jain. He collectively owns and manages over eight hundred apartments in several states.Over three hundred of those apartments participated in section 42 restricted rent housing program.He resides in Portland and is committed to socially responsible ownership of all his properties.He has partnered with Resident Resources to create a safe and secure environment for these valued individuals whom need affordable housing.All the properties that Mr.Jain owns are well maintained with responsible management employees who are compassionate about what they do. Resident Resources The property being located within walking distance to many local employers and employment sectors makes it an ideal location for those seeking affordable housing.The transportation needs of the Residents is well met as there are numerous transportation hubs within walking distance including Pacific Highway,the 217 and 5 freeways,bus routes and local rail transportation close by. The residents enjoy that there is adequate vehicle parking(171 parking stalls).This relieves them of the high cost of parking a vehicle.This can foster a sense of independence. The Apartments business name is Hawthorne Villas Apartments,it is considered a section 42 affordable housing complex also know as Low Income Housing Tax Credit(LIHTC).It is a federal Program created in 1986 under the Federal Tax Reform Act. It accounts for over 90%of the affordable housing in the United States.The nature of the property and location make it an ideal property to receive this tax abatement. For your records the tax parcel is R282429 in Census Tract 306.00 with a Zoning of R-12. The lot is over 207,000 square feet with multiple garden areas and courtyards.It has several laundry rooms for residents to do there own laundry. B. Projects Charitable Purpose Resident Resource's mission is to enable low income families of Oregon find and keep affordable housing.Through our resident service plan(RSP)we strive to create an environment in which families feel safe to seek additional assistance in education,employment and health services. We have an open door policy in which all are welcome.Each Resident whom resides or wants to reside at Hawthorne Villas has an appointment with a staff member who helps identify potential needs relating to our core values of affordable housing,continued educational opportunities,employment referral services.We offer mediation assistance with the ownership/management to prevent evictions that may lead to homelessness.Our many health and social services contacts and referrals are a great resource for the residents with a focus on confidential assistance. Our commitment to the Citizens of Tigard and around the state of Oregon has been to maintain an dignified approach to foster a confidential yet friendly approach to the housing needs of families who may need affordable housing.Many Residents face other significant challenges that can be softened with the right approach.This is done while maintaining the integrity of the property both materially and physically.Creating a safe environment for all Residents is our highest Priority. Hawthorne Villas Ownership has made a significant commitment to fund Resident Services to a level where each resident can have a personal touch that will encourage them to use our services if needed.The tax abatement will go a long way to helping these fine Citizens of Tigard. C. Certification Of Resident Income Levels Hawthorne Villas is a rent restricted apartment complex that will only rent to individuals or families whom make at 60%or below of Washington County Area Medium Income.This compliance is achieved with our advertising,application process,verification process.A second oversight to insure our compliance we have partnered with expert Alexia Consulting whom is approved by the State of Oregon.They are experts in compliance and monitoring in this area,over seeing each and new Resident as well as a yearly audit of each Resident File and our record keeping.The property will rent restricted for at least the next 12 years.See Attachment#4 Resident Resources G. Attachments 1. Site Survey a. 1 b. 2 2. Ownership Change Documentation 3. Oregon Certificate of Existence 4. Certification or Low Income Housing Restriction i.7 -i--r,i 1 J .. 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I NV::ICVt \r ♦I Yu any.::Lv o" c.NE•.«:..••a {.S1iC0 so .r.l I ,JE ,3 II ,.TE 'OF f': Gr' HA 4TH NE \ f .a ane. _c IT yr w1e _ - G: :F:.RT!'E 1T� :HUT ORS CPC -Silr M•:,. u al:re _ IVP.N I:.L. .fl 1'vb 7;_'PF F.LE SIN.EI T.P:iF.?,f1R u(''.N- A...:fn f:S. 'nL .rte r,.£...rf EnfvK I 2S4'4 14. MI LOC/.TE,u:•.W I/a vF 3E: ;.u, NS.PIX.N)!.•b:':Y'Vo'..'. '. GAM SL•RtB)to NY .L,Pn Pa A.YMa C04 44.0-Y of MI6 ) '- \ /1l.AV0414 1..4,4 VIE.la I� _Ur.,. FtI. HOWTH,147.117:::1 nE•tl'•-U'N7.LLC P.W.P.mos/..--tuf State of O OFFICE OF THE SECRETARY OF STATE Corporation Division Certificate of Existence 559V806W6 I, JEANNE P. ATKINS, SECRETARY OF STATE, and Custodian of the Seal of said State, do hereby certify.• RESIDENT RESOURCES is a Nonprofit Corporation under the laws of The State of Oregon and is active on the records of the Corporation Division as of the date of this certificate. In Testimony Whereof I have hereunto set F O my hand and affixed hereto the Seal of the I- r ►�. QState of Oregon. r..a to dy -- 0 E. \\\,....„.. ( 01C.4,--.....c c at-k-,-.0 1859 JEANNE P. ATKINS, SECRETARY OF STATE 2/26/2016 — __ _ ______ . _ . AlgieAm,r-i-J — - ( # z( _ 7, . . ____ •• _ • . , i RECORDING REQUESTED BY AND WHEN RECORDED,MAIL. TO; 1S Oregon Housing and Community do Services Department ' v 1600 State Street Salem,Oregon 97310 Atter Komi P.Kalevor SPACE ABOVE FOR RECORDER'S USE • OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT I LOW-INCOME HOUSING TAX CREDIT . DECLARATION OF LAND USE RESTRICTIVE COVENANTS THISIECLARATION OF LAND USE RESTRICTIVE COVENANTS,(this"Declaration"),dated as of_ r-- rtt S t ,1997,by • a..I t j If:I . I,I e • t •►t i .11•,and its successors and assigns the"Owner")is given as a condition precedent to the allocation of low-income housing credits by the i-1 Oregon Housing and Community Services Department,a governmental agency of the State of Oregon,together with ttttttt� any successor to its rights,duties,and obligations,(the"Department"). _, WITNESSETH; *(includes 117 tax credit units and two omnon-area managers' units) I WHEREAS,the Owner is or shall be the owner of a(n)112 unitlrenth1 housing development,.wsa.wrowga-'awsib located on lands in the City ofTigard,County of Washington,State of Oregon,more particularly described in Exhibit A hereto,known as or to be known as HAWTHORNE VILLA APARTMENTS(the"Project");and WHEREAS, the Department has been designated by the Governor of the State of Oregon as the housing credit agency for the State of Oregon for the allocation of low-income housing tax credit dollars(the"Credit");and ' WHEREAS,the Owner has applied to the Department and entered into a Determination Letter and Agreement for an allocation of Credit to the Project in an amount not to exceed •t• t. ;1 •r• .. ,t. •,• • t $ - • dollars($JJ L143)of tax exempt bond financed 4%low-income housing credit allocation;and WHEREAS,the Department has agreed to issue a Form 8609 to the Owner upon the execution and recording of this Declaration which constitutes part of the Determination Letter and Agreement;and ; • 1 WHEREAS,the Owner has represented to the Department in Owner's Low-Income Housing Tax Credit Application Ill (the "Application")dated March 24. 1997,that Owner shall lease/rent 100 percent of the units in the Project to 111 individuals or families whose income is 60 percent or less of the area family adjusted median gross income ("Low-Income Tenants")as determined in accordance with Section 42 of the internal Revenue Code(the"LRC"); and _ I i WHEREAS,the Department has determined the Project would require a Credit allocation in the amount of$181.142 of tax exempt bond financed 40/a tax credit allocation to be financially feasible;and WHEREAS,the Owner has represented to the Department rent restrictions it will maintain for the period of time as specified in the Determination Letter and Agreement;and DECLARATION OF LAND USE RESTRICTIVE COVENANTS — LIHTC PROJECT NUMBER OR96-4-002 PAGE l OF 10 r I • • WHEREAS,the IRC requires as a condition precedent to the allocation of the Credit that the Owner execute,deliver and record this Declaration in the official land deed records of the county in which the Project is located in order to create certain covenants running with the land for the purpose of enforcing the requirements of IRC Section 42 and the Department's Occupancy Restrictions found in Section 5 hereof by regulating and restricting the use,occupancy and transfer of the Project as set forth herein;and WHEREAS,the Owner,under this Declaration,intends,declares,and covenants that the regulatory and restrictive covenants set forth herein governing the use,occupancy,and transfer of the Project shall be and are covenants running with the Project land for the term stated herein and binding upon all subsequent owners of the Project land for such term,and are not merely personal covenants of the Owner, NOW,THEREFORE,in consideration of the promises and covenants hereinafter set forth and of other valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Owner and the Department agree as follows: SECTION 1-DEFINITIONS All the words and phrases used in this Declaration shall have the same meaning as when used in IRC Section 42, Treasury Regulations or Notices promulgated pursuant to IRC Section 42,Department Administrative Rules,and the Department of Housing and Urban Development("HUD")Regulations unless the context requires otherwise. SECTION 2-RECORDING AND FILING;COVENANTS TO RUN WITH THE LAND (a) Upon execution of this Declaration by the Owner and the Department,the Owner shall cause this Declaration and all amendments hereto to be recorded and filed in the official public land deed records of the county in which the Project is located,and shall pay all fees and charges incurred in connection therewith. Upon recording,the Owner shall immediately transmit to the Department an executed original or certified copy of the recorded Declaration showing the date,deed book and page numbers of record. The Owner understands and agrees that the Department will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Credit unless and until the Department has received the recorded executed original of this Declaration. m, (b) The Owner intends,declares,and covenants,on behalf of itself and all future Owners and operators of the Am Project during the term of this Declaration,that this Declaration and the covenants and restrictions set forth 1 • in this Declaration regulating and restricting the use,occupancy and transfer of the Project(I)shall be and I are covenants running with the Project land,encumbering the Project for the term of this Declaration,binding upon the Owner's successors in title and all subsequent Owners and Operators of the Project(II)are not merely personal covenants of the Owner,and(III)shall bind the Owner(and the benefits shall inure to the Department and any past,present or prospective tenant of the Project)and its respective successors and ■ assigns during the term of this Declaration. Tha Owner hereby agrees that any and all requirements of the - _ laws of the State of Oregon to be satisfied in order for the provisions of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in Rill, and that any requirements of privileges ofestate are intended to be satisfied,or in the alternate,that an equitable servitude has been created to insure that these restrictions run with the Project. For the longer of the period this Credit is claimed or the term of this Declaration, each and every contract, deed or other instrument hereafter executed conveying the Project or portion thereof shall expressly provide that such conveyance is subject to DECLARATION OF LAND USE RESTRICTIVE COVENANTS 3 LIHTC PROJECT NUMBER OR96-4-002 PAGE 2 OF 10 • • • • .. . • . a—l._�. _ -- ,_, ,_,_ _ __ - - v► this Declaration,provided,however,the covenants contained herein shall survive and be effective regardless a of whether such contract,deed,or other instrument hereafter executed conveying the Project or portion thereof provides that such conveyance is subject to this Declaration. (c) The Owner covenants to obtain the consent of any prior recorded lienholder on the Project to this Declaration and such consent shall be a condition precedent to the issuance of Internal Revenue Service Form 8609 constituting final allocation of the Credit. SECTION 3-REPRESENTATIONS,COVENANTS AND WARRANTIES OF THE OWNER The Owner hereby represents,covenants,and warrants as follows: (a) The Owner(I)is a jimaecl.eartnerabie duly organized under the laws of the State of Oregon,and is qualified to transact business under the laws of the State of Oregon, (1I) has the power and authority to own its properties and assets and to carry on its business as now being conducted,and(III)has the full legal right, power and authority to execute and deliver this Declaration. (b) The execution and performance of this Declaration by the Owner(1)will nr,r vi.lntAcr, epphc bl:, not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body,(II)will not violate or,as applicable,has not violated any provision of any indenture, agreement,mortgage,mortgage note,or other instrument to which the Owner is a party or by which it or the Project is bound,and(III)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Owner will,at the time of execution and delivery of this Declaration,have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance(subject to encumbrances created pursuant to this Declaration, any Loan Documents relating to the Project or other permitted — encumbrances). (d) There is no action,suit,or proceeding at law or in equity,or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Declaration)or would materially adversely affect its financial condition. (e) The Project constitutes or will constitute a qualified low-income building or qualified low-income project, as applicable,as defined in IRC Section 42 and applicable regulations. • (f) Each unit in the Project contains complete facilities for living,sleeping,eating,cooking and sanitation(unless the Project qualifies as a dingle-room occupancy project or transitional housing for the homeless)which are to be used on other than a transient bans. -- (g) During the Term of this Declaration,all units subject to the Credit shall be leased,rented or made available to members of the general public who qualify as Low-Income Tenants(or otherwise qualify for occupancy of the low-income units)under the applicable election specified in Section 42(g)of the IRC. (h) The Owner agrees that tenant and third parties will be eligible to enforce IRC Section 42 entitlements as DECLARATION OF LAND USE RESTRICTIVE COVENANTS LIHTC PROJECT NUMBER OR96-4-002 PAGE 3 OF 10 I � provided by the Fair Housing Act,as amended. (i) During the term of this Declaration,the Owner covenants,agrees and warrants that each low-income unit is and will remain habitable.' (j) Subject to the requirements of IRC Section 42 end this Declaration, the Owner may sell, transfer, or exchange the entire Project at any time,but the Owner shall notify in writing and obtain the agreement of anr, buyer or successor or other person acquiring the Project or any interest thensin that such acquisition is subject to the requirements of this Declaration and to the requirements of IRC Section 42 and applicable regulations. This provision shall not act to waive any other restriction on sale,transfer,or exchange of the project or any low-income portion of the Project. The Owner agrees that the Department may void any sale,transfer,or exchange of the Project if the buyer or successor or other person fails to assume in writing the requirements of this Declaration and the requirements of IRC Section 42. Notwithstanding the foregoing,the owner shall not dispose of any portion of a building which constitutes a portion of the Project and to which this Declaration applies unless the entire building is disposed of to such person. (k) The Owner agrees to notify the Department in writing prior to any sale,transfer,or exchange of the entire Project or any low-income portion of the Project. (1) The Owner will provide certified financial documentation acceptable to the Department to satisfy the ca!wlation of a qualified contract and to begin the one year period for finding a buyer in accordance with IRC Section 42(h)(6)if desired. (m) The Owner shall not demolish any part of the Project, substantially subtract from any real or personal property of the Project,or permit the use of any residential rental unit for any purpose other than rental housing during the term of this Declaration unless required by law or unless the Department has given its prior written consent. (n) The Owner represents, warrants, and agrees that if the Project, or any part thereof, shall be damaged, _ destroyed,shall be condemned,or acquired for public use,the Owner will use its best efforts,subject to the rights of any mortgagee,to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction,or to relieve the condemnation,and thereafter to operate the Project in accordance with the terms of this Declaration. (o) The Owner warrants that it has not and will not execute any other Declaration with provisions contradictory to,or in opposition to,the provisions hereof,and that in any event,the requirements of this Declaration are paramount and controlling as to the tights and obligations herein set forth and supersede any other s requirements in conflict herewith. til (p) The applicable fraction for each building of the Project during the term of this Agreement shall not be less than the applicable fraction specified in the Low-Income Housing Tax Credit Determination Letter and Agreement(the"Agreement')executed by the Owner as 1QQ percent. [See IRC Section 42(h)(6)(B)] (q) The Department may require the Owner to reduce rents charged for low-income units if property taxes imposed upon the Project are reduced because of a change in Oregon law. Any reduction in rent required by the Department shall not exceed the reduction in property taxes,taking into account any replacement taxes or equivalent charges: and shall further take into account prevailing operating er:er':.o'� j or debt coverage requirements of the Project's lender(s) DECLARATION OF LAND USE RESTRICTIVE COVENANTS LIHTC PROJECT NUMBER OR96-4-002 5 PAGE 4 OF 10 ss+ 0 (0 If the Section 8 Income Limits used to determine rent limits are reduced to account fora reduction In property taxes imposed on the Project because of a change in Oregon law or If rents are otherwise reduced by federally subsidized housing assistance programs or comparable program to account for a reduction in property taxes imposed on the Project because of a change in Oregon law and the Department determines that the reduced rent charged for low-income units in the Project appropriately reflects the reduction in property taxa,then Section 3(q)of this Declaration shall not apply. (a) The owner will not refuse to lease to a holder of a voucher or certificate of eligibility under Section 8 of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder. (t) The owner agrees to fill out and sign Part II of the Form 8609 required to be completed by the building owner for the first year of the credit period and return a copy(without Schedules and other supporting documents)to the Department for the purposes of compliance monitoring. (u) The Department may charge a rersonable fee comparable to fees charged by the Department for monitoring activities in accordance with Section 8(d)of this Declaration for rent reviews and determinations made —_ pursuant to Sections 3(q)and 3(r)of this Declaration. SECTION 4-INCOME RESTRICTIONS; RENTAL RESTRICTIONS The Owner represents,warrants,and covenants that from and after initial occupancy and throughout the remaining term of this Declaration and In order to satisfy the requirements of IRC Section 42("Section 42 Occupancy Restrictions")that; (Check applicable percentage election) (a) (1)_ At least 20 par cent or more of the residential units in the Project will be both rent-restricted and occupied by individuals whose income is 50 percent or less of family adjusted area median income. (2).X.At least 40 percent or more of the residential units in the Project will be both rent-restricted and occupied by individuals whose income is 60 percent or less of family adjusted area median income. (b) The Department may require that the determination of whether a tenant meets the low-income requirement arar be made by the Owner or his designated agent at least annually on the basis of the current income of such _a Low-Income Tenant. a SECTION 5-DEPARTMENT'S OCCUPANCY RESTRICTIONS The Owner represents,warrants and covenants throughout the term of this Declaration that: (a) Project rents will not exceed the gross rent allowable under IRC Section 42. (Check b through e,if applicable) (b)g The Owner will extend the income and rental restrictions of IRC Section 42 for 15.years after the close of the compliance period. DECLARATION OF LAND USE RESTRICTIVE COVENANTS LIHTC PROJECT NUMBER OR96-4-002 PAGE 5 OF 10 ... .. .. r- --ter '' (c)_X_ Regr+rdleaa of any provision in this Declaration to the contrary,the Department's Occupancy Restrictions provided by this Section shall remain in place for a period dap years or until January 1.2025 except in the case of foreclosure or deed in lieu of foreclosure of a prior recorded lien to this Declaration as provided in Section 6(b)(l)but subject to Section 6(c)of this Declaration. (Check applicable election) (d) (1) X_ The Owner will SET the earliest date upon which the Owner may request the Department to assist • in procuring a qualified contract for the acquisition of the low-income portion which is a part of the Project to after year 14,from the year the project was placed in service, (2)___ . :• - _ .. _ : ••• (e)_ Operating reserves when released from restricted use shall be wholly used to subsidize tenant rents consistent with guidelines prescribed by'he Department. SECTION 6-TERM OF DECLARATION (a) Except as hereinafter provided,this Declaration and the IRC Section 42 Occupancy Restrictions specified herein shall commence with the first day in the Project period on which any building which is part of the Project is placed in service and shall end on the date which is 15 years after the close of the compliance period. (b) The Owner shall comply with the requirements of IRC Section 42 relating to the extended use period, provided,however,this Declaration and the extended use period for any building which is part of this Project shall terminate: (1) On the date the building is acquired by foreclosure or instrument in lieu of foreclosure;or • (2) On the last day of the one-year period specified in IRC Section 42(h)(6)(I),if the Owner has properly - requested in accordance with IRC Section 42 that the Department assist in procuring a qualified contract for the acquisition of the low-income portion of any building which is a part of the Project, the Department and the Owner have agreed upon the terms of sale as specified in Section 3(1)of this Declaration,and the Department is unable to present a qualified contract within one year of reaching written agreement regarding the terms of sale. (c) Notwithstanding subsection(b)above,IRC Section 42 rent requirements shall continue for a period of three years following the termination of the extended use requirement pursuant to the procedures specified in subsection(b)above for those tenants existing as of the date of termination. During such three-year period, the Owner shall not evict or terminate the tenancy of an existing tenant of any low-income unit other than for good cause and shall not increase the gross rent above the maximum allowed under the[RC with respect to such low-income unit. (d) If the Owner has agreed to optional Department's Occupancy Restrictions as reflected in Section 5 of this • Declaration,neither this Declaration nor the extended use period shall terminate until the time period for compliance with such Department's Occupancy Restrictions has expired subject to earlier termination under Section 6(b)(1)above. DECLARATION OF LAND USE RESTRICTIVE COVENANTS LIHTC PROJECT NUMBER OR96-4-002 PAGE 6 OF 10 t . • • ' r • • c SECTION 7-ENFORCEMENT OF DEPARTMENTS OCCUPANCY RESTRICTIONS (a) The Owner shall permit, during normal business hours and upon reasonable notice, any duly authorized representative of the Department,to inspect any books and records of the Owner regarding the Project with respect to the incomes of Low-Income Tenants which pertain to compliance with the Department's Occupancy Restrictions specified in this Declaration. (b) The Owner shall submit any other information,documents,or certifications requested by the Department which the Department shall deem reasonably necessary to substantiate the Owner's continuing compliance with the provisions of the Department's Occupancy Restrictions specified in this Declaration. SECTION 8-ENFORCEMENT OF SECTION 42 OCCUPANCY RESTRICTIONS (a) The Owner covenants that it will not knowingly take or permit any action that would result in a violation of the requirements of IRC Section 42 and applicable regulations of this Declaration. Moreover, Owner covenants to take aty lawful action(including amendment of this Declaration as may be necessary,in the opinion of the Department) to comply fully with the IRC and with all applicable rules, rulings, policiea, procedures,regulations or other official statements promulgated or proposed and published by the United States Department of the Treasury,the Internal Revenue Service,or HUD from time to time pertaining to Owner's obligations under IRC Section 42 and affecting the Project. (b) The Owner acknowledges that the primary purpose for requiring compliance by the Owner with restrictions provided in this Declaration is to assure compliance of the Project and the Owner with IRC Section 42 and the applicable regulations,AND BY REASON THEREOF,THE OWNER IN CONSIDERATION FOR _— RECEIVING LOW-INCOME HOUSING TAX CREDITS FOR THIS PROJECT HEREBY AGREES AND CONSENTS THAT THE DEPARTMENT AND ANY INDIVIDUAL WHO MEETS THE INCOME LIMITATION APPLICABLE UNDER SECTION 42 (WHETHER PROSPECTIVE, PRESENT OR FORMER OCCUPANT)SHALL BE ENTITLED,FOR ANY BREACH OF THE PROVISIONS HEREOF, AND IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE SPECIFIC PERFORMANCE BY THE OWNER OF ITS OBLIGATIONS UNDER THIS DECLARATION IN A STATE COURT OF COMPETENT JURISDICTION. The Owner hereby further specifically acknowledges that the beneficiaries of the Owner's obligations hereunder cannot be adequately compensated by monetary damages in the event of any default hereunder. (c) The Owner hereby agrees that the representations and covenants set forth herein may be relied upon by the Department and all persons interested in Project compliance under IRC Section 42 and the applicable • regulations, (d) The Owner agrees to take any and all actions reasonably required by the Department to substantiate the Owner's compliance with occupancy restrictions of IRC Section 42 as now constituted or subsequently amended and other occupancy restrictions of the Department as now constituted or subsequently adopted and will pay a reasonable fee to the Department for the Deportment's monitoring of the Owners compliance based upon the Department's monitoring costs. (e) This Declaration and the Determination Letter and Agreement of which it is a part may be enforced by the Department or its designee In the event the Owner fails to satisfy any of the requirements herein. In addition, DECLARATION OF LAND USE RESTRICTIVE COVENANTS LIHTC PROJECT NUMBER OR96-4-002 PAGE 7 OF 10 — • . . • I A O this Declaration shall be deemed a contract enforceable by one or more Tenants as third-party beneficiaries of the Declaration and Determination Letter and Agreement. In the event the Owner fails to satisfy the requirements of this Declaration or the Determination Letter and Agreement and legal coats are incurred by the Department or one or more of the tenants or beneficiaries,such legal costs,including attorney fees and court costs(including costs of appeal),arc the responsibility of,and may be�recovered from,the Owner. SECTION 9-EXTENDED LOW-INCOME HOUSING COMMITMENT Y'**I30T APPLICABLE** An Option and RI: t of First Refusal Agreement has been entered into with Tualatin Valley Housing ... ..., Pa •ne,a, t e Pr.,ect s -n- al ••ar,, er., • hereby agrees to transfer the Project to a"qualified nonprofit organization"[as defined in IRC 42(h)(5 J acceptable to the Owner,the Department and the mortgage lender after the end of the calendar ye: ailing years after the issuance of the Forms 8609 for the Project,or as soon thereafter as the tra • er can be co I. mmated,on the following terms: (I) •consideration for the transfer shall be in accordance with the formula in IR ection 42(h)(6)(F) in an aunt equal to the sum of(a)the principal amount of outstanding ind,. edness secured by the Project,4. the adjusted investor equity in the Project,and(c)other capita ontributions not reflected in the amo'• is described above,reduced by cash distributions from(or. ailable for distribution from) the Project. (2) Owner shall be and o obligation to transfer the Project to. qualified organization in the event that no acceptable qualifi=• •anization accepts title and as .mes Owner's obligations before the end of the calendar year falling .• years after the issuance . the Forms 8609 for the Project. (3) In making the determination o e transfer qualified nonprofit organization,first right of refusal , shall be given to (4) Any controversy related to the sal• io •f the transferee qualified organization shall be settled by arbitration pursuant to the rule .f the Am.:can Arbitration Association. (b) Owner further covenants to use i •reasonable best effort o assure that,at the time of the transfer: (i) the • Project is generating sufficien h flow to service Project d-• and pay Project operating expenses:and(ii) the Project is in reasons• good physical condition(for a ti-family apartment project of its age and quality), alas r mm (c) No provision o is section shall prevent any lender loaning funds secu •d by the Project front foreclosing ___ on the prop: y or otherwise exercising its full right as a lender. In the e - t of a bonafide foreclosure or transfer• t e Project to a lender by a deed in lieu of foreclosure,the foreclosing ender shall take the Project free.•• clear of any obligation to transfer the Project to a nonprofit organizatio .r to operate the Project 1 as -'ordable housing except as provided fcr in IRC Section 42. The Department • its assigns shall have SECTION 10-MISCELLANEOUS (a) Sevetability. The invalidity of any clause,part,or provision of this Declaration shall not affect the validity - of the remaining portions thereof. DECLARATION OF LAND USE RESTRICTIVE COVENANTS 9 LIHTC PROJECT NUMBER OR96-4-002 PAGE 3 OF 10 • as sK • • o fb) hialigall. All notices to be given pursuant to this Declaration shall be in writing and shall be deemed given when mailed by certified or registered mail,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate in writing, To the Department: Oregon Housing and Community Services Department ATTN: LIHTC PROGRAM 1600 State Street Salem,Oregon 97310-0161 To the Owner: HAMEHORNE VILLA LIMITED PARTNUSHIP AT•iN• HAri ENN KER 16101 SW 72ND AVENUE_SUITE 24Q PORTLAND OR 97224 The Department,and the Owner,may,by notice given hereunder,designate any fLrther or different addresses to which subsequent notices.certificates or other communications shall be sent, (c) Egnedsiment. The Owner agrees that it will take all actions necessary to effect amendment of this Declaration as may be necessary to comply with the IRC,any and all applicable rules, regulations,policies,procedures, rulings,or other official statements pertaining to the Credit. The Department,together with Owner,may execute and record any amendment or modification to this Declaration and such amendment or modification shall be binding on third-parties granted rights under this Declaration. — (d) Subordination of Declaration, This Declaration and the restrictions hereunder are subordinate to the prrma»loan and loan documents on the Project in an original principal amount not to exceed$4"000.00l except insofar as IRC Section 42 (h)(6)(E) otherwise requires. The Department may subordinate this �N. Declaration to other Financing,in its"sole discretion and such subordination shall be binding on all third- parties granted rights under this Declaration. (e) Governing Law. This Declaration shall be governed by the laws of the State of Oregon and, where applicable,the laws of the United States of Americo. (f) Survival of Obligations. The obligations of the Owner as set forth herein and in the Application shall survive the allocation of the Credit and shall not be deemed to terminate or merge with the awarding of the allocation. DECLARATION OF LAND USE RESTRICTIVE COVENANTS JD LIHTC PROJECT NUMBER OR96-4-002 PAGE 9 OF 10 • i • a1 • IN WITNESS WHEREOF, the Owner has caused this Declaration to be signed by Its duly authorized et.:-.7••• representatives,as of the ley and year Grst written above , OWNER Hawthorne Villa invited Partnership By: - Name: G- David Sebastian Title: prevident. Hawthorne Villa GP, Inc., General Partner of Hawthorne Associates Limited Partnership. a General Partner STATE OF OREGON ) County of Wash4.naton ) This instrument was acknowledged before me this_ g-g- day of (1471 1 I , 10Z by G- David Sebastian, President • 7,d 1��I_r1Y/ U CAI I IJU( ! STEPHANIE CANTER �• 1•V~D' AnTARYPlIBUC-0RSION NOTARY PUBLIC FOR OREGON j ‘V.?:‘, COMMISSION NO.assat4 My Commission Expires: NDY. i a 1 $'LO .,- zkff °93H EMS 197V.�?'' 77thdm-meow preporrdMbMarch ll1P97 by: h •'s..; r• k¢4n. prin1Nwe' Korai P.Kaleoor Zak Tax Credit Program Representative Revisal J197 • • • DECLARATION OF LAND USE RESTRICTIVE COVENANTS 'l 1 LIBTC PROJECT NUMBER OR96-4.002 PAGE 10 OF I0 I t r — - ! e • - - - E.9affiZT •a• PBS . 2I 1 part of the George Richardson Donation Land Clain i.n'the Northeast quarter of the Southwest quarter of Section 36, Township 1 douth, Range 1 West of the Willamette Keridiwn, in the City of Tigard, County of waehingtoa and State of Oregon, described as fouows; BEOLNWSNO at the Northwest corner of the George Richardson Donation Land Claim, situated in Section 36, Township 1 South, Range 1 West, Willamette Meridian; rfian.e South PO°00' East, 1687.60 feet to a point in the Northerly boundary line of said Donation Land Claim; thence south 0°11' West, 1204.0 Beet to an iron pipe, said iron _ pipe marking the Northwest corner of that tract conveyed in flea Doak 279, Page 642; thence south 89°49' rant, 85.0 feet along the Worth line of that tract conveyed in Dead Rook 279, Page 648 to the Northeast corner of said tract and true point of beginning of the tract herein desnribed; thence South 69°49' Bast, 25.0 feet; thence Worth 0°11' Net parallel with the last Line of that. tract described in deed to Leonard E. Canon, et al, recorded January 16. 1968, i.a,Book 677, Page 139, Washington III; County Records, 173.66 feet; thence South 80°17' East,'96 feet to the But line of said Cason tract; thence South 0°11' Nest along the Sadt Line of said Casco tract. 315.0 feet to the Southeast corner thereof; thence Worth 88°17' Wert along the south line of said Cason tract, 121.6 feet to the Southeast corner of that tract convoyed in Deed Bock 279, Page 648; thence North 0°.11' East along the East line of that tract conveyed in Deed Book 279, Page 646, 141.34 feet, more or less, to the true point of beginning, all situated in Washington County, cragco. PaRcdt LI: A part of the George Richardson Donation Land claim in the Borthaast quarter of the southwest quarter of Section 36, Township 1 South, Bangs 1 Nast of the Willamette Meridien, in the City of Tigard, county of Washington and State of Oregon, doacribed as follows: 3802Si81210 at the Northwest corner of the George Richardson Donation Land Claim, situated in Section 36, Township 1 South, Range 1 Wert, W711e"-tte Meridians thence South 89°00' Bast, 1887.60 feat to a point in the Northerly boundary line of said Donation Land claim; thence South 0011' Nest, 1204.0 feet to an iron pipe, said iron pipe marking the Xorthwnst corner of that tract conveyed in need Book 279, Page 648, and the true point of beginning herein described; thanes South 89°49' East, 110.0 feet to a point; thanca North 0011' Bast parallel with the East lino of that tract NMI described in duet to Lncurrd E. Cason, et al, recorded January 16, 1968, in Dock 677, Page 139, wasningtoa county Records, 173.66 feet to a point; thence North 66°37' wont, -- 110.0 feet to a point on the Wert line of said Cason tract; thence south 0°11' West along said West line, 173.66 feet to the true point of beg+nnin.• 12- • •CR PARCEL is=; A part of the Osorge Rtabards= Donation Land Claim in the Northeast Quarter of the Southwest quarter of seoti°a 36, Township 1 south, Range 1 West of the Willamette Meridian, in the City of Tigard, Connty of Washington and state of Oregon, described as follows. 8YOII0t=NG at the Northwest corner of the aeorge Richardson Donation Land Glair, oituat d in Section 38, Township 1 South, Range 1 West, Willamette Meridian and running thence South 89°00' Nast, 1587.60 feet to a point in the Northerly boundary line of acid Donation Land Claim; then'South 0°11' West, 1204.0 feet to an iron pipe, said iron pipe marking the Northwest Corner of that tract conveyed in Deed Book 279, — • Page 648; thence South 89°49' last, 85.0 feet along the North line of that tract conveyed in Deed Book 279, Page 645 to the Northeast corner of thereof; thane south 69°49' East, 25.0 feet; thenen North 0°11' East parallel with the last line of that tract described Ls deed to Leonard E. Cason, et a1, recorded T,u+"eay 16, 3965, in Rook 677, Page 139, Washington County accords, 173.66 feet; thanes south 68°17' Eaat,' 51.0 feet to the true point of beginning of the herein described premises; thence continuing South 88°17' Sant, 45.0 feet to a point on the East line of said Cason tract; thane Notts; 0°11' Beat along raid Bast line, 90.0 feet; thence North 88°17' West, 45.0 feat; thence South 0°11' West, 90.0 feat to the true point of beginning. 7.7t A part of the George Riohardson Donation Lead Claim in the Northeast quarter of the Southwest quarter of Section 36, Towuihip 1 South, Range 1 West of the Willamette Meridia', in the City of Tigard, County of Washington and State of crown, daecribad - an follows: II I DEartarn G at the Northwest corner of the George Richardson Donation Land Claim in Section 36, Township 1 South, Range 1 West, Willamette Meridian in the County of Washington and State of Oregon, and running thence south 89°00' Beet, 1887.60 feet to a point on the Northerly boundary line of said Donation Land Claim; thence South • 0°11' West, 1030.34 feet to a point on the West line of that tract described in deed to Leonard S. Cason, et al, recorded January 16, 1968, in Book 677, Page 139, records of Washington county, being the Westerly Northwest corner of that tract described in Mortgage recorded October 29, 1968, in Bock 722, Page 520, records of Washington County and the trust point of beginning of the bevel= described premises; thence Bouth 88°17' last 161.6 feet; thence North 0°11' feet, 90.0 feet; thence south 88°17' East, 45.0 feet to a point on the East line of raid Canon tract; thence North 0°11' fast along said East line, 171_34 feet to a point; thence North 88°17' West, 65.0 feet to a -_ point; thence South 0°11' west, 75.0 feet to a point; the=re North 88°17' West, 141.6 feet to a point on the :goat line of raid Canoes tra=t; thence South 0°11' West along said Wert line, 186.34 feet to the true point of beginning. CD It 8ARCii.V; • A par': of the George Richardson Donation Land Clain in the Northeast quarter of the Southwest quarter of Section 36, Township 1 South, Badge _ Wast of the Willaaetts Meridian, in the city of Tigard, County of Washington and State of Oregon, de.aribed as follows: BGtW3X G et the Northwest corner of the George Richardson Donation Land Claim, is Section 36, Township 1 South, Range 1 Wast of the Willamette Meridian and roaming theaoa South 89°00' East, 1887.60 feet to a point on the Northerly boundary lion of said Donation Land Claim; thence South 0°11' West, 944.0 feet to a point on the Nast Line of that tract described in deed to Leonard E. Cason et al, recorded January 16, 1968, Lo Book 677, Fags 139, records of Washington County, being the Westarty Northwest corner of the first tract described in Mortgage recorded February 4, 1969, in Book 732, Page 58, record. of Washington County and the true point of beginning of the herein described property; thence South 88°17' Eaet, 141.6 feet to a point; thence North 0°11' Bast, 75.0 feet to point; thence South 88°17' east, 65.0 feet to a point on the Baer line of said Cason tract; thane Korth 0°I1' East along said Bast line, 113.66 feat to a pointy thence North 88°17' West, 206 feet to a point on the Went line of said Cason tract; thence South 0°11' West along said,Whet line, 190 feet to the true point of beginning. PARC=L VII a part of the George Richardson Donation Land claim is the Northeast quarter of the Southwest quarter of Section 36, Township 1 South, Range 1 West of the millemetts Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: _ hie:MIND at the Northwest corner of the George Richardson Donation Land Claim in Section 36, Township 1 South, Range 1 Seat of the Willanatta Meridian, in the county of Washington and State of Oregon and running thence Sotth 89°00' Haat, 1887.60 feet to a point on the Northerly boundary line of said Donation Land Clair„ thane South 0°11' west, 654.0 feet to a point on the Wast lila of that tract described in dead to Leonard R. Cason et al, recorded January 16, 1968, in look 677, page 139, records of ..� washington County, being the Northwest corner of the first tract described in Mortgage recorded in Book 745, Page 285, records of Washiagtoa Comity and the true S point of beginning of the herein described property; thence South 88°17' last, 206 feet to a point on the last line of said Celan tract; thence Worth 0°11' Mast along 1111 mad East line. 186.0 feet to a point; themes Worth 88017' East, 206 feet to a point ss� on the Want line of said Canon tract; thnnta South 0°11' West altos said Wast line, 186.0 feet to the true point of beginning. • • ��=— City of Tigard TIGARD Memorandum To: Toby LaFrance, Finance and Information Services Director From: Marissa Grass,Associate Planner Re: Hawthorne Villa 2016 Application for Tax Exemption Date: March 22, 2016 Resident Resources submitted an application for low-income housing tax exemption for the 118- unit Hawthorne Villa,located at 7705 SW Pfaffle Street in the incorporated Metzger area. Tigard Municipal Code (TMC) Section 3.50.020,"Nonprofit corporation low income housing; exempt criteria," provides standards for considering exemption requests. Whether and how the Resident Resources application meets each of these standards is detailed below. 1. The property is owned or being purchased by a corporation that is exempt from income taxes under Section 501(c) (3) or (4) of the Internal Revenue Code . . . Resident Resources,as part of Hawthorne Village Apartments General Partnership,asserts their eligibility for the exemption under TMC section 3.50.020(C) which reads: C.A partnership shall be treated the same as a corporation to which this section applies if the corporation is: 1. A general partner of the partnership; and 2. Responsible for the day to day operation of the property that is the subject of the exemption. As evidenced by the partnership agreement and MOU submitted as part of the application, Hawthorne Village General Partnership meets both requirements. The property is owned by Hawthorne Village Apartments,an Oregon general partnership.The partnership is between Hawthorne Villa LLC and Resident Resources,an Oregon nonprofit corporation. Resident Resources is a general partner of the partnership and,according to the MOU, is responsible for the day to do day operations of the facility. A copy of an Oregon Secretary of State letter,dated February 26,2016,verifies that Resident Resources qualifies as a nonprofit corporation. 2. Upon liquidation,the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind,to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific,literary or educational purposes or to the State of Oregon. The list of submittal requirements under TMC 3.50.040 does not include any reference to information on asset liquidation,and the Resident Resources application does not contain any such information. The owner's representative confirmed that the organization's incorporation papers do, indeed,include a provision of this kind. 3. The property is occupied by low-income persons. According to the Resident Resources application,Hawthorne Villa will only rent to individuals or families who make at or below 60% of median area income. Compliance with this requirement includes efforts made at the advertising,application,and verification stages. In addition,Resident Resources has partnered with a compliance and monitoring consultancy to oversee new resident screening,and annual certification efforts. Hawthorne Villa has an extended use agreement with Oregon Housing and Community Services restricting the property to exclusive use for low income rentals until January 1,2025. 4. The property or portion of the property receiving the exemption is actually and exclusively used for the purposes described in Section 501 (c) (3) or (4) of the Internal Revenue Code . . . Resident Resources is applying for full exemption at Hawthorne Villa.The owner's representative confirmed that 100%of the property is dedicated to non-profit activities. 5. The exemption has been approved as provided in Section 3.50.050 This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor. Conclusion: This is the first year that Resident Resources,as a general partner in Hawthorne Village General Partnership,has applied to the city for a tax exemption.The property was purchased on March 9, 2016.The applicant made extra effort to get the application in well before the 30 day deadline. The current request appears to meet all of the qualifying criteria established in TMC 3.50.020. The "Affordable Housing Program," adopted in September 2002 as "a complete and official statement of the City's overall affordable housing program," includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. The exemption's purpose is to allow the operators of low-income housing to decrease annual operating expenses, thereby allowing them to serve lower-income households. Granting the exemption to Resident Resources is consistent with the applicable TMC standards,and also with adopted city housing policies. Resident Resource's mission is,"to enable low income families of Oregon to find and keep affordable housing."The application states that through a Resident Service Plan (RSP) the nonprofit provides assistance with education,employment and health services. Previously, this site received city tax exemption through Accessible Living Inc. (as part of Hawthorne Villa General Partnership),and Tualatin Valley Housing Partners. AIS-Fiscal Impact of Tax Exemption Property Estimated City of Tigard City of Tigard Total Tax Rate Total Market Tax Rate Property Tax Property Value* (Including Bond Impact Tax Impact Levy) (Estimated) Village at $879,600 $2.932/$1,000 $2,578 $16.6286/$1,000 $14,627 Washington Square Single Family $298,070 $2.932/$1,000 $874 $16.6286/$1,000 $4,956 Home—9330 SW Tangela Ct. Greenburg $3,872,360 $2.932/$1,000 $11,354 $16.6286/$1,000 $64,392 Oaks The Knoll @ $3,673,840 $2.932/$1,000 $10,772 $16.6286/$1,000 $61,091 Tigard Hawthorne $4,766,910 $2.932/$1,000 $13,977 $16.6286/$1,000 $79,267 Villa Total Impact $39,555 $224,333 * Because these properties have been exempted from property taxation in the past,Washington County does not show a current assessed value. These figures are an updated market value. Tigard tax rate determined by City of Tigard and City of Tigard-After (bonds) Total tax rate located in Washington Co Listing by Tax Code 023.66 City of Tigard, Oregon III- '' Affidavit of Posting T I GARD In the Matter of the Proposed Ordinance(s) / 4 "De/ STALL OF OREGON ) County of Washington ) ss. City of Tigard ) I, illititi4, , being first duly sworn (or affirmed),by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places,a copy of Ordinance Number(s) 1 to—0 7 ,which were adopted at the City Council meeting of 31'4 al 46/( ,with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the 14 day of Lfrlahieit, , 20 1 k . 1. Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon 6th-te-ed/ Signature o erson'who Performed Posting Subscribed and sworn (or a ed) before me this 9 74/May of --7) 4/4.,,k__ ,20/ , Signature of Notary Public for Orego :r OFFICIAL STAMP � CAROL ANN KRAGER ': .1 :�:..:�;• NOTARY PUBLIC - OREGON COMMISSION NO. 924954 1:1adm\cathy\orms\post ordinance 2006.doc MY COMMISSION EXPIRES FEBRUARY 10,2018