Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet - 08/14/2018
IN City of Tigard i TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: August 14,2018 - 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 after 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: htto://www.tigard-or.aov/city hall/council meeting.oho 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. City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: August 14,2018 - 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. DISCUSS FORMAT AND APPROACH FOR EVALUATING THE CITY ATTORNEY AND CITY MANAGER 6:30 p.m. estimated time B. COUNCIL LIAISON REPORTS 7:00 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. Update from Police Chief McAlpine C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINU[ES: •June 12,2018 •June 19,2018 •June 26,2018 •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/COI Center Development Agency has voted on those items which do not need discussion. 4. CONSIDER RESOLUTION TO APPOINT TOWN CENTER ADVISORY COMMISSION MEMBERS 7:35 p.m. estimated time 5. LOCAL CONTRACT REVIEW BOARD - CONSIDER AWARD OF MOBILE DATA COMPUTERS CONTRACT 7:40 p.m. estimated time 6. LOCAL CONTRACT REVIEW BOARD - CONSIDER PURCHASE OF POLICE VEHICLES 7:45 p.m. estimated time 7. LOCAL CONTRACT REVIEW BOARD - CONSIDER PURCHASE OF HYDRO-CLEANING VEHICLE 7:50 p.m. estimated time 8. QUASI-JUDICIAL PUBLIC HEARING -LEWIS ANNEXATION (ZCA2018-00002) 7:55 p.m. estimated time 9. QUASI-JUDICIAL PUBLIC HEARING- CHASE ANNEXATION ((ZCA2018-00003) 8:05 p.m estimated time 10. CONSIDER CITY COUNCIL VACANCY 8:15 p.m. estimated time 11. CONSIDER POSITION ON MEASURE 102,STATE CONSTITUTIONAL AMENDMENT REGARDING LOCAL BONDS FOR AFFORDABLE HOUSING 9:00 p.m. estimated time 12. NON AGENDA ITEMS 13. 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. 14. ADJOURNMENT 9:10 p.m. estimated time . . , IN " City of Tigard Tigard City Council Meeting Agenda TIGARD August 14, 2018 CITY COUNCIL STUDY SESSION A. DISCUSS FORMAT AND APPROACH FOR EVALUATING THE CITY ATTORNEY AND CITY MANAGER 6:30 p.m. estimated time HR Director Bennett will lead this discussion. B. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time Administrative Items: • Request for change to June 12, 2018 Minutes • New Exhibits A and B for Agenda Items 8 and 9 (Lewis and Chase Annexations) • Testimony re Agenda Items 10 (City Council Vacancy) and 11 (Statewide Measure 102) 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 Sessions may be held for the purpose of taking any final action or making any final action or making any final decision. Executive Sessions are closed to the public. Council Meeting Calendar August 7* Tucsday Council Bus. Meeting Cancelled,National Night Out 14* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 21* Tucsday Council Workshop Mccting 6:30 p.m.,Town Hall Cancelled 28* Tuesday Council Business Mccting 6:30 p.m.,Town Hall Cancelled September 3 Monday Labor Day Holiday,City Hall and Library Closed 4* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall October 2* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting—6:30 p.m.,Town Hall AIS-3593 A. Business Meeting Meeting Date: 08/14/2018 Length (in minutes):30 Minutes Agenda Title: Discuss Format and Approach for Evaluating the City Attorney and City Manager Prepared For: Dana Bennett, City Management Submitted By: Carol Krager,Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE What is the evaluation process and criteria that the City Council wishes to use to evaluate the City Manager and City Attorney? STAFF RECOMMENDATION /ACTION REQUEST Council is asked to direct staff to change the process of evaluating the City Manager's performance to include the use of an outside consultant to facilitate Council input,and to continue to include the 360' internal and external processes considered in prior years. In addition, Council is asked to direct staff to establish a similar process for evaluating the City Attorney,using the criteria used for evaluating the city attorney building from the 2018 evaluation. KEY FACTS AND INFORMATION SUMMARY For the past few years,Council has used largely the same process and criteria to evaluate the City Manager, which includes internal,external, community and Council input. Now with a City Attorney hired and reporting to the City Council,the City Council has two staff members to evaluate. The City Manager reports that the most valuable input in the existing process comes from the constructive feedback in the form of comments from Council. Use of an external facilitator would be an an additional process step that could help streamline Council feedback into a cohesive report with clear themes for feedback to these employees of the Council. Staff recommends engaging a consultant to interview the Council and deliver a performance report to each of the Council-hired staff(City Manager and City Attorney) that can include interviews and one-on-one meetings,allowing for direct feedback and clarity focused on areas of success and desired areas of improvement.This revised process would provide the City Manager and City Attorney the opportunity to ask questions,probe further on performance issues,and create specific performance-based goals for the coming year, beyond goals set by Council for the City. Once Council direction has been provided,staff would prepare an outline of the process and proposed criteria by which these two public officials will be evaluated and bring it back to Council in a hearing to allow for public comment on the process and criteria being proposed. OTHER ALTERNATIVES Council may direct staff to use an alternative process or to use the same process that was used in prior years. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Council provided an opportunity for public comment on the City Manager's 2017 evaluation process and criteria during a regular meeting held 11/14/2017. Attachments 2017 City Manager Evaluation Form 2017 City Manager External Questions City Attorney Evaluation Form CITY OF TIGARD CITY MANAGER PERFORMANCE EVALUATION Review period: January- December 2017 I. In completing this evaluation,please consider the City-wide core values adopted to set the standard for service excellence at the City of Tigard ("Get it Done", "Do the Right Thing",and"Respect and Care"). Please use the following criteria:5=Exemplary Performance; 4=Exceeds Expectations;3=Fully Effective;2=Developing/Needs Additional Focus; 1=Needs Improvement;NA=Not applicable(have not observed this area during the evaluation period). PERFORMANCE ASSESSMENT II. Evaluate and discuss the City Manager's overall job performance in achievement of the GOALS set for the current review period.Base your evaluation upon the job requirements,achievement of the goals established during the past review period, and your assessment of the City Manager's accomplishments. GOAL 1—Advance a Local Option Levy and Facilities Bond to Voters to Increase Resources and Space for Day-to-Day City Services Objectives Estimated Timeline Develop key messages to inform/educate the public about city services and funding challenges for outreach effort Develop and administer a second community survey or focus groups to test key messages for levy support Launch a comprehensive outreach campaign to inform and educate the community about specific funding challenges Quarterly briefings with City Council to plan for local option levy RATING: NA 1 2 3 4 5 GOAL 2-- Expand Recreation Opportunities for the People of Tigard Objectives Estimated Timeline Continue to implement city recreation program in 2017-18 and 2018-19 adopted budget • Continue to implement recommendations of the Recreation Program Study from 2013 • Pilot for after school programming at Metzger • Add additional afterschoollrograms at other schools • Expand programs and classes with outside providers • Expand outdoor events (movies,concerts,pop-ups in the park) RATING: NA 1 2 3 4 5 Page11 GOAL 3—Make Downtown Tigard a Place Where People Want to Be Objectives Estimated Timeline Focus on identifying and acquiring property and developing the Downtown Plaza • Design and develop Tigard Street Heritage Trailhead plaza as a gathering place and event space • Evaluate locations for other plaza/public space, including as part of Civic Center visioning Make Downtown Tigard a livable community with something to offer residents 18 hours a day,7 days a week;develop housing units within Downtown • Build the capacity of the Tigard Downtown Alliance to produce programs and projects that meet the Council goal • Work with a range of community groups to design and program the Tigard Street Heritage Trail • Enable existing businesses to improve their properties and attract new businesses to vacant buildings through the Urban Renewal Improvement Matching Grant Program • Partner with the TDA to pursue Oregon Main Street grant funding for property improvements. • Implement Downtown Projects—1)Main Street Green Street Phase II;2)Tigard Street Trail;and 3)Fanno and Main RATING: NA 1 2 3 4 5 GOAL 4—Pursue Development of Light Rail Along the Southwest Corridor Objectives Estimated Timeline Advocate for Light Rail to come to Downtown Tigard • Support request to the State Legislature for$150M in state lottery funding for the Southwest Corridor Project • Participation on a Sustainable City Year Program multi- jurisdictional team to support City of Tigard goals in the SWC. RATING: NA 1 2 3 4 5 Page ( 2 GOAL 5—Implement Tigard Triangle Strategic Plan Objectives Estimated Timeline Consider Lean Code and Plan Amendments: • Lean Code (Describes development); • Zoning Map (Designates zoning on specific property); • TTSP (Describes the vision for the Triangle) Development of Funding Tools: • Establish Urban Renewal Agency—public vote on UR plan RATING: NA 1 2 3 4 5 GOAL 6—Annex Territory into the City Objectives Estimated Timeline Prioritize annexation of islands including a strategy and incentives • Review overall project approach, draft letter to island residents, outreach plan,potential incentives and legal process with council—1st week in March,2017 • Schedule and conduct small group meetings/conversations,identify incentives—March— April,2017 • Follow-up on incentives,develop schedule for hearings and final action—May—July 2017 • Develop a strategy for communication and outreach to residents,with the Council in the lead for outreach. • Develop a strategy for future annexations of the remaining Urban Growth Boundary(UGB) • Beginning July,2018 develop a work plan for future annexations of the UGB. Include dates and deadlines for needed studies and outreach. Identify logical phasing options.Present work plan to Council by the end of 2018 RATING: NA 1 2 3 4 5 Pagel3 ISSUES FOR FURTHER DISCUSSION AND POLICY DIRECTION -Topics will be scheduled for workshop meetings (3rd Tuesday) or study sessions in 2017-18 Objectives Estimated Timeline Affordable Housing: consider additional program or policy initiatives Reports on Task Force on Homelessness Plan for Council Goals in 2017-2021: • Urban Growth Boundary Expansion/River Terrace South • Pedestrian Connections: Sidewalks,Pathways and Trails program RATING: NA 1 2 3 4 5 Page 14 III.Evaluate and discuss the City Manager's job performance for the current review period. Please provide specific examples to support your assessment/evaluation.You will be provided with feedback from her 360 evaluation process, prior to Council completing this section of the evaluation form. a. Professional Skills/Decision Making Ability to anticipate and analyze problems and map effective solutions.In making decisions considers the best available facts,projections,and evidence and to the extent that resources permit,ensures that such tools are available.Demonstrates a solid understanding of all departmental functions within city government. RATING: NA 1 2 3 4 5 b. Leadership Sets the performance tone and culture of the organization,recognizes opportunities,capitalizes on partnerships,promotes trust,builds and motivates teamwork,provides vision and direction,encourages and seeks to develop the skills and abilities of others.Treats all with respect and sets the standard for performance accountability by example. RATING: NA 1 2 3 4 5 c. Personnel/Risk/Labor Relations Understands contract negotiations,labor strategy and contract administration.Equitably,fairly and with consideration addresses issues related to labor matters.Recognizes the value of excellent staff and seeks to maintain high performers while balancing the containment of costs. Implements effective programs and decisions to ensure management,control and balance of liability and loss. RATING: NA 1 2 3 4 5 d. Budget and Finance Including financial management and operational efficiency such as accurately and concisely reports and projects the financial condition.Management practices and policies are designed to maintain or achieve a sound long-range financial condition.Obtains the best possible result for the money spent,and monitors efficiency,service improvement and effectiveness for programs. RATING: NA 1 2 3 4 5 e. Community Relations Including public service, sensitivity,public involvement, and media relations RATING: NA 1 2 3 4 5 Page 15 f. Intergovernmental Relations Develops good working relationships with other local,county,regional,state and federal agencies and effectively represents city interests RATING: NA 1 2 3 4 5 g. Interpersonal Skills/Individual Characteristics Including professionalism,creativity,honesty,ethics,and adaptability RATING: NA 1 2 3 4 5 h. Communications Provides Council with well-informed concise oral and written communication,responds to the direction of the majority of the Council--while still recognizing the concerns of the minority,approachable and responsive,is able to represent Council to the community through forums,publications and other venues. Pursues an outreach style of management as a spokesperson for city issues. RATING: NA 1 2 3 4 5 i. Economic Growth &Development Including strategy,vision and community engagement RATING: NA 1 2 3 4 5 ADDITIONAL COMMENTS (OPTIONAL) IV. Are there areas of exceptional performance that should be particularly noted?Provide specific examples. V. Are there areas of performance needing more attention or focus?Provide specific examples. P ; I6 Guidance for Evaluation Rating System: Rating 5 (Exemplary Performance) Meaning: Performance is exemplary. Performance demonstrates an exciting vision,challenges the status quo,employs significant creative strategy or innovation, and inspires colleagues and associates to be fully engaged and achieve their full potential. Rating 4 (Exceeds Expectation) Meaning: Performance exceeds the standard expected in most of the of the areas of the performance criteria.The assessment indicates that the jobholder has not only achieved effective results against the performance criteria but also has been able to give `Value Added"to this performance criterion in terms of impact and/or satisfaction to stakeholders. Rating 3 (Fully Effective) Meaning: Employee is meeting the job expectations in this area. Rating 2 (Developing/Needs Additional Focus) Meaning: Employee is not meeting expectations as set,but is making appropriate level effort. The employee may need to develop more in this area or may require additional guidance or clarity of the expectations in order to increase performance in this area. Rating 1(Needs Improvement) Meaning: Employee is not meeting expectations as set and the area needs prompt attention and improvement. Page17 CITY OF TIGARD CITY MANAGER EXTERNAL PARTNER EVALUATION FORM Review period: January- December 2017 PERFORMANCE ASSESSMENT 1. How has Marty's leadership impacted the City of Tigard's partnership/relationship with you and your organization? 2. What stands out as the most significant thing Marty has done this year to increase,improve,or enhance the partnership/relationship with you and your organization? 3. What are some things that Marty could do differently that would help the City of Tigard in its relationship with you and your organization? 4. Other observations you would like to share? External Partneri Evaluation Form Page 1 Revised 2014 City Attorney Performance Evaluation City of Tigard NAME: DATE: REVIEW PERIOD: FROM TO City Attorney Signature: Date: Evaluator Name(Please Print): Evaluator Signature: Date: City Manager Approval: Date: - 1 - PERFORMANCE REVIEW RATING: LEGAL CONSULTATION: Low High City Attorney provides legal advice proven to be accurate and technically 1 2 3 4 5 correct. City Attorney possesses and provides efficient and effective knowledge of the 1 2 3 4 5 city's Municipal Code and regulations. City Attorney possesses and provides efficient and effective knowledge of 1 2 3 4 5 other government regulations and case law regarding municipal government and issues facing the city. City Attorney provides advice which takes into account and balances the 1 2 3 4 5 overall goals and objectives of the city. City Attorney(self or using available resources)regularly provides the scope 1 2 3 4 5 of legal expertise necessary to meet the city's needs on emerging issues. City Attorney proactively identifies potential issues,as awareness allows, 1 2 3 4 5 avoiding problems. City Attorney provides alternatives and innovative solutions to emerging 1 2 3 4 5 issues. City Attorney maintains the confidence of City Council and staff while 1 2 3 4 5 providing information about various legal risks generated by proposed actions. COMMENTS:Explain how the employee is meeting or not meeting the specific performance expectations in this area: LEGAL REPRESENTATION: Low High City Attorney aggressively represents the city's interests as directed by City 1 2 3 4 5 Council. City Attorney's approach is effective in achieving the best possible legal 1 2 3 4 5 outcomes for the city's interest related to emerging issues. _ City Attorney represents the city in a professional and ethical manner. 1 2 3 4 5 City Attorney is impartial and objective in assigned duties and responsibilities. 1 2 3 4 5 City Attorney's estimates of legal impacts are reasonably accurate. 1 2 3 4 5 COMMENTS:Explain how the employee is meeting or not meeting the specific performance expectations in this area: STAFF WORK: Low High City Attorney prepares ordinances,resolutions,contracts,and other legal 1 2 3 4 5 work accurately and consistent with the direction and objectives communicated by the City Council,City Manager,and/or department directors. City Attorney is approachable and makes him/herself available when question 1 2 3 4 5 or other needs arise. City Attorney accurately identifies and addresses all legal issues within 1 2 3 4 5 documents and other items reviewed. City Attorney adequately informs staff and City Council of key changes in 1 2 3 4 5 municipal law pertaining to city activities. City Attorney effectively explains options and legal implications when asked 1 2 3 4 5 to address questions or concerns. COMMENTS:Explain how the employee is meeting or not meeting the specific performance expectations in this area: -2 - RESPONSIVENESS/TIMELINESS OF ACTIONS: Low High Requested legal work and assignments are completed within established time 1 2 3 4 5 frames. Legal reviews and requests for information are completed in time to avoid • 1 2 3 4 5 delays to city projects,programs,and other tasks. City Attorney effectively follows up on requests. 1 2 3 4 5 City Attorney accurately interprets and clarifies direction received from the 1 2 3 4 5 City Council and the City Manager. COMMENTS:Explain how the employee is meeting or not meeting the specific performance expectations in this area: COMMUNICATION: Low High City Attorney communicates effectively with the City Council, staff,and 1 2 3 4 5 community members. Information is provided in a timely and understandable manner. 1 2 3 4 5 Timelines for follow-up responses are dearly communicated and adhered to. 1 2 3 4 5 City Attorney effectively communicates with the City Council,City Manager, 1 2 3 4 5 and executive staff regarding substantial projects and sensitive matters. COMMENTS:Explain how the employee is meeting or not meeting the specific performance expectations in this area: Per above request,reviewed by: (Name,please print) Title Major Goals/Projects COMPLETED DURING THIS REVIEW PERIOD Major Goals/Projects FOR NEXT REVIEW PERIOD Include specific areas where improvement is needed as appropriate. - 3 - City Council Update Aug 2018 SUPPLEMENTAL PACKET Chamber Update FOR U as // `. (DATE OP MEETING) Education, Advocacy, & Building a Strong Local Economy • Tracking 4-5 measure that are currently shaping up at a state legislative level that have a business focus, Measures 102-106. Stay tuned for updates in Leverage and other chamber information sources. • Currently working through our Candidate Endorsement Process for Tigard City Council and Mayor's races. Would expect to announce results in a couple of weeks. Networking/Visibility 8/21/18—Good Evening Tigard (G.E.T) Connected 5-6:30 p.m. hosted by Rose City Futsal at their location 8/15/18—B2B Affinity Group 8:30—9:30 a.m. hosted by Harris Work Systems Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 8/16/18 Hosted by Macy's at their location 8/23/18— Hosted by Elite Care at their location on Grant Ave 8/30/18— Hosted by b8ta at their location, Washington Square 4 businesses joined the Tigard Chamber in July Details on this and other events at http://business.tigardchamber.org/events/calendar/follow us on Twitter @tigardchamber Tigard Farmers Market Update 8/3/18—The 2"d Annual Farm to Table Dinner Experience on the lawn of Fanno Creek House was fantastic! Great feedback from attendees. Stay tuned for next years event. All local food from farmers market vendors and local food artisans was sourced within a 100 mile radius and menu was created by Steve DeAngelo. Market is at peak season right now, lots of produce and options as well as vendors. Come join us Downtown! TDA Downtown Updates Street Fair Saturday, September 8th 11 a.m.-5 p.m.—Still accepting vendor applications, 136+vendors registered so far. Quake Up will be participating in the event this year and Latin Fest will run jointly from 11-8 pm. Come join the fun! Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard i i ... _i TDA TIGARD Leadership Tigard 6bj4. CttAMSE*Of COMMERCE SUPPLEMENTAL PACKET FOR 44 ` S (DATE MEETING) .�1?"l.x'= *, Tigard PD Strategic Dashboard �v.LIct �`�~\ For July 2018 1; 044 i 5 . r".. "‘„,..\\ /.11<11 �- `,� Selected GroupA Offenses July2017 a July 2018 % Chg 2017 YTD 2018 YTD %Chg Person Crime 34 41 0 20.59% 195 296 0 5179% Assault 26 33• 26.92% 168 239• 42.26% Robbery 2 3• 50.00% 19 23• 21.05% Property Crime 161 176 0 9.32% 1285 1518 0 18.13% Burglary-Residentia 2 5• 150.00% 49 52• 6.12% Burglary-Business 0 3• 300.00% 26 36• 38.46% Burglary- Other 10 4• -60.00% 25 19• -24.00% UUMV 5 14• 180.00% 54 109• 101.85% Theft 81 94• 16.05% 697 762• 9.33% Vandalism 17 13• -23.53% 142 211 • 48.59% Societal Crimes 38 49 i 28.95% 278 368• 32.37% DU II 10 10• 0.00% 56 87• 55.36% Drug Offense 12 12• 0.00% 102 88 0 -13.73% Disorderly Conduct 3 5• 66.67% 26 41 • 57.69% Calls for Service July 2017 July 2018 % Chg 2017 YTD 2018 YTD % Chg Dispatched Calls 1897 2017• 6.33% 12127 13312• 9.77% Self Initiated Calls 1496 1642• 9.76% 11263 11723• 4.08% Response Time Priority 1 &2 6.48 5.83 0 -10.03% 6.28 6.38* 1.59% Priority 3 10.63 11.3 0 6.30% 10.77 9.78 0 -9.19% Priority 4+ 10.85 10.23 0 -5.71% 10.02 9.82• -2.00% (:( "'t ) ,,,, Tigard PD Strategic Dashboard ,,�Lrc� `fr. For July 2018 ,k I 2014 I 2015 12016 12017 I 2018 Overdose 0 1 5 8 18 POH 86 84 67 80 116 Suicide 2 3 3 5 5 Att. 15 38 17 42 40 DHS Refer 225 270 252 321 329 Vulnerable 35 10 18 33 29 Dom Viol 61 60 36 69 89 DV No Crime 18 58 78 79 ORC Theft 53 15 33 31 36 Graffiti 121 78 50 34 75 SUPPLEMENTAL PACKET FOR Q0/ (DATE MEETING) 4v.-----. --- Tigard PD Strategic Dashboard /...; # .- For July 2018 llr ?' , 2017 Population Estimate: 51,902 (Proposed Budget FY 2018-19) � _ 4;f, .i Small numbers cause large percentage increases and decreases. Crime Snapshot Scie,ted Group A Offenses July 2017 July 2018 Chg 2017 YTI' _. :. Person Crime 34 41 20.59% 195 296 0 51.79% Assault 26 33 - 26.92% 168 239 ( 42.26% Robbery 2 3 50.00% 19 23 t 21.05% Property Crime 161 176 ' 9.32% 1285 1518 0 18.13% Burglary-Residential 2 5 150.00% 49 52$ 6.12% Burglary-Business o 3 0 300.00% 26 36 38.46% Burglary- Other 10 4 v -60.00% 25 19 -24.00% UUMV 5 14 e 180.00% 54 109 ir 101.85% Theft 81 94 ' 16.05% 697 762 C 9.33% Vandalism 17 13 -23.53% 142 211 e 48.59% Societal Crimes 38 49 e 28.95% 278 368 0 32.37% DUII 10 10 C 0.00% 56 87 55.36% Drug Offense 12 12 it 0.00% 102 88 -13.73% Disorderly Conduct 3 5 0 66.67% 26 41 57.69% Calls for Service July 2017 July 2018 %Chg 2017 V`TD 2018 YTT) " Chg Dispatched Calls 1897 2017• 6.33% 12127 13312 c 9.77% Self Initiated Calls 1496 1642$ 9.76% 11263 11723 e 4.08% Response Time Priority 1 &2 6.48 5.83 " -10.03% 6.28 6.38 0 1.59% Priority 3 10.63 11.3 6.30% 10.77 9.78 -9.19% Priority 4 + 10.85 10.23 -5.71% 10.02 9.82 -2.00% Community Snapshot 4 Cnrn Tlunit' Concern, *Residential burglaries at Main Street Village Community Outreach and Events 1-'pconling Events *Relay for Life 7/14 *Candellighters 5k run&walk 8/18 *Emergency Preparedness Fair 7/20 *Tigard Main Street Fair 9/8 * CPO 4 community meeting 7/25 *Chiefs Forum 9/19 *National Night Out 8/7 *Person Crime-Assault,Homicide,Robber),Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary-,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUD,Family Offense,Liqour Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(N1BRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard. 1 SUPPATELEMENTALMEETIN PACKIET FOR A-jii4/jiJ /`�,oj,r ,DERsiri 4. t � Tigard PD Strategic Dashboard b, c, For July 2018 4 .71 l *f, 2017 Population Estimate: 51,902 (Proposed Budget FY 2018-19) Employee Snapshot Department Staffing Information Actual Budget '0 Budget Sworn 67 68 99% Non-Sworn 14 16.5 85% Total Number of Personnel 81 84.5 96% Patrol Officer Staffing 34 Personnel Unavailable for Work Patrol All Other Overall #of Recruits in Pre-Academy - - - #of Recruits in Academy - - - #of Recruits in 1{"11.,P 2 - 2 #of Personnel on Extended Sick Leave 1 - 1 #of Personnel on Military Leave 1 - 1 #of Personnel on Light Duty 1 - 1 #of Personnel on Administrative Leave - - - Total Personnel Unavailable to Work during some Period during the Month 5 0 5 Total Officers Available to work PATROL some period during the Month 29 Operational Effectiveness Snapshot Budget Information is based on the best available data. FY 2017-2018 Budget FY 2018-19 r gud et Percent YTD Status Percent YTD s Status Department Budget Actual Budgeted Actual Budgeted Administrative 6% 8% ' -2% 7% 8% -1% Operations 8% 8% , -1% 7% 8% -1% Services 10% 8% ' 2% 10% 8% 2% Total Department Budget 8% 8% 0% 8% 8% 0% budget Information Is based on the best available data. FY 2017-2018 FY 2018-19 Percent YTD Budget Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 12% 8% 4% 2% 8% -6% Operations 6% 8% ' -3% 8% 8% 0% Services 5% 8% -3% 6% 8% -3% Total Overtime 6% 8%. -3% 7% 8% . -1% 2 Tigard PD Strategic Dashboard ,,,r. ,, ,, 01... --i> .., ct, \\,,,,, isi f ' "\ ' \;:\ For July 2018 45 2017 Population Estimate: 51,902 (Proposed Budget FY 2018-19)\''''' --__,-- -(`-' Calls For Service - By Month _1 PUBLIC DEMAND SELF INITIATED AVER,',.ts,_ lg,S.5 tifP.AGE 11111111.6.- ' - ,12314 "'" - ,ARAW.i.114.44 itit V INITANOSOMMOMMINIONOMOKWIS:;;;* KINE "Vi IMIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIMIN • - 7.171. A`IP iti :,„.4. 11111111111MNIMMINIMMINIMMININNINSTRAi c" 1.11.111.111111.111.111111MMOU. 1. 4 1z1 tfurnimminut OR ,.... or 111111111111111111111111111111111111111111.11101.111111111111771 -4.•.,1 'Ili ALA, AV NOMMINitaiii.WallikeiliirC:S it•;f...,1 %NI +it, 13,P, '05, AO:. 11".1 0 4 A, ZOI'll 151", :A5-1 3-15' PRIORITY 1 AND 2 PRIORITY 3 ,..; .f„,4,8 lc,.,...1 .-•,, .4*..*'''. ,.......... *.. \ 5 613 ;SA PRIORITY 4+ Priority 1 = ' Priority 3= _.... . Imminent threat to life Urgent call where crime 14531i prevention is needed / 5t1•23 7;..........,9.95 Priority 2 = Immediate a I '".-..... threat to life,occuring now -..,,, Priority 4+=Cold crimes si , . . or public assistance 3 Tigard PD Strategic Dashboard oLIC. _ v rFor July 2018 `,, Titt kR: . 2017 Population Estimate: 51,902 (Proposed Budget FY 2018-19) L..--- 1 Calls For service - By Month j JULY JULY PUBLIC DEMAND CALLS SLIT INITIATED CALLS „s T 1414 t s 1 h41 '^ a4“ 14.:" 4/4., :7V: i ..-Y Tracking Code Cases - Year to Date The tracked counts of these have all -----` Overdose 0 1 5 8 18 increased. Each involves multiple POH 86 84 67 80 116 officers,evidence processing,and trips to hospitals in some cases. Suicide 2 3 3 5 5 Att. Suicide 15 38 17 42 40 DHS Refer 225 270 252 321 329 OHS referrals and cases of allegations of Vulnerable 35 10 18 33 29 abuse to an elderly or mentally challenged victim end up in the caseload Dom Viol 61 60 36 69 89 of Detectives and SR0's. ` DV No Crime 18 58 78 79 / ORC Theft 53 15 33 31 36 Domestic Violence reports have /// Graffiti 121 78 50 34 75 doubled in 5 years BHI - Transient 1 Total Calls Logged: 176 #of Calls -BHI 99 #of Calls Transient 93 #of Calls Dispatched 127 #of Calls Self Initiated 49 Total Time Spent 121:54:00 (hr:min:sec) 4 AGENDA ITEM NO. 2D - CITIZEN COMMUNICATION DATE: August 14, 2018 (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 ofpersons 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: 1 tD/ ',+^e.--u Also,please spYll your name as it sounds,if it will help the presiding officer pronounce: (2) d- Address 140 v1 ,t Q�I."- City L � State Zip ° 17-3 Phone No. t (-al•c\ t U' CR1( Name: 0..ittitit ilk6Z:k4 Also,please spell your name as it sounds,if it will help the presiding officer pronounce: PAddress `�c/"1 A I� D LA 'Tl City State Zip ()' �3 _ 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 1:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\2018\citizen communication 180206.doc AIS-3598 3.A. Business Meeting Meeting Date: 08/14/2018 Length (in minutes):Consent Item Agenda Title: Receive and File: Council Calendar and Tentative Agenda Submitted By: Carol Krager, Central Services Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future council meetings. STAFF RECOMMENDATION / ACTION REQUEST No action is requested; these are for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A -Receive and File Items Attachments Three-month Calendar Tentative Council Meeting Agenda • • ° - MEMORANDUM T I GARD TO: Honorable Mayor& City Council FROM: Carol A. Krager, City Recorder RE: Three-Month Council Calendar DATE: August 7, 2018 Below is a listing of council meetings for the next three months. Regularly scheduled Council meetings are marked with an asterisk (*). August 7* Tuesday Council Bus. Meeting 6:30 p.m.,Town Hall—Cancelled,National Night Out 14* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 21* Tuesday Council Workshop Mccting 6:30 p.m.,Town Hall Cancelled : - Cancelled September 3 Monday Labor Day Holiday, City Hall and Library Closed 4* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall October 2* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting—6:30 p.m.,Town Hall is\adm\city council\council calendar\3-month calendar word format.doc Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full ❑ Workshop Meeting ❑ City Council Tentative Agenda 8/6/2018 5:28 PM -Updated Form Meeting Submitted By Meeting Agenda Item Title Department Inbox or Finalized Date Type 3467 08/14/2018 Kelly Burgoyne AAA August 14, 2018 Business Meeting—Councilor Snider Absent 3589 08/14/2018 Dana Bennett ACCSTUDY 1 30 Minutes—Discuss Format and Approach for City Bennett, D, HR Evaluating the City Attorney and City Manager Management Director 3525 08/14/2018 Kelly Burgoyne ACCSTUDY 2 15 Minutes—Council Liaison Reports Central 05/14/2018 Services Total Time:45 Minutes of 45 Minutes Scheduled—STUDY SESSION FULL 3567 08/14/2018 Sean Farrelly CCBSNS 1 5 Minutes—Appoint Town Center Advisory Commission Community Krager C, City Member Development Recorder 3545 08/14/2018 Joseph Barrett CCBSNS 2 5 Minutes—Contract Award—Mobile Data Computers Finance and Krager C, City Information Recorder Services 3546 08/14/2018 Joseph Barrett CCBSNS 3 5 Minutes—Purchase Award- Police Vehicles Finance and Krager C, City Information Recorder Services 3553 08/14/2018 Joseph Barrett CCBSNS 4 5 Minutes—Purchase Authorization—Hydro Cleaning Finance and Krager C, City Vehicle Information Recorder Services 3541 08/14/2018 Lina Smith CCBSNS 5 10 Minutes—Quasi-Judicial Public Hearing: Lewis Community 08/06/2018 Annexation (ZCA2018-00002) Development 3542 08/14/2018 Lina Smith CCBSNS 6 10 Minutes—Quasi-Judicial Public Hearing: Chase Community 08/06/2018 Annexation (ZCA2018-00003) Development 3568 08/14/2018 Marty Wine CCBSNS 7 45 Minutes—Consider City Council Vacancy City Management 3591 08/14/2018 Marty Wine CCBSNS 8 10 Minutes—Consider Position on Measure 102,State City Constitutional Amendment Regarding Local Bonds for Management 1I • is\adm\city recorders\tentative agenda\august 6, 2018 tentative.docx Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting �❑ Consent Agenda ❑ Meeting is Full ❑ Workshop Meeting ❑ City Council Tentative Agenda 8/6/2018 5:28 PM -Updated Affordable Housing Total Time:95 Minutes of 100 Minutes Scheduled—MEETING CLOSED 3468 08/21/2018 Kelly Burgoyne AAA August 21, 2018 Workshop Meeting—MEETING CANCELLED 3469 08/28/2018 Kelly Burgoyne AAA August 28, 2018 Business Meeting—MEETING CANCELLED 3470 09/04/2018 Kelly Burgoyne AAA September 4, 2018 Business One Meeting 3489 09/04/2018 Kelly Burgoyne CCBSONE 1 10 Minutes- LCRB- Placeholder Finance and Barrett J, Sr Mgmt Information Analyst Services 3544 09/04/2018 Sean Farrelly CCBSONE 2 40 Minutes—Universal Plaza Update Community Farrelly S, Redev Development Project Manager 3559 09/04/2018 Marissa Grass CCBSONE 3 30 Minutes-Continued Discussion of the Park and Public Works Rager B, PW Director Recreation Fee Report Total Time: 80 Minutes of 180 Minutes Scheduled 3471 09/11/2018 Kelly Burgoyne AAA September 11, 2018 Business Meeting 3575 09/11/2018 Kelly Burgoyne ACCSTUDY 1 15 Minutes—Council Liaison Reports Central 07/19/2018 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3563 09/11/2018 Lina Smith CCBSNS 1 10 Minutes—Quasi-Judicial Public Hearing: Hashima Community Smith L, Asst Planner Annexation (ZCA2018-00004) Development 3490 09/11/2018 Kelly Burgoyne CCBSNS 2 10 Minutes- LCRB - Placeholder Finance and Barrett J,Sr Mgmt Information Analyst Services Total Time: 20 Minutes of 100 Minutes Scheduled 3472 09/18/2018 Kelly Burgoyne AAA September 18, 2018 Workshop Meeting 3555 09/18/2018 Kelly Burgoyne CCWKSHOP 1 10 Minutes—Report from Washington County Sheriff on City Marty W, City 2IPa7. e is\adm\city recorders\tentative agenda\august 6, 2018 tentative.docx Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting g Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ City Council Tentative Agenda 8/6/2018 5:28 PM - Updated Services Management Manager 3558 09/18/2018 Nadine CCWKSHOP 2 30 Minutes-ADA Self-evaluation and Transition Plan Central Robinson N, Central Robinson Update Services Svcs. Director 3592 09/18/2018 Lori Faha CCWKSHOP 3 20 Minutes—Discuss Upcoming Clean Water Services Public Works Faha L, City Engineer Sewer Construction in Cook Park 3587 09/18/2018 Kelly Burgoyne CCWKSHOP 4 15 Minutes—Review of Credit Card Fees and Other Finance and LaFrance T, Fin/Info Payment Methods Information Svcs Director Services Total Time: 75 minutes of 180 Minutes Scheduled 3473 09/25/2018 Kelly Burgoyne AAA September 25, 2018 Business Meeting 3576 09/25/2018 Kelly Burgoyne ACCSTUDY 1 15 Minutes—Council Liaison Reports Central 07/19/2018 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3491 09/25/2018 Kelly Burgoyne CCBSNS 1 10 Minutes—LCRB—Placeholder Finance and Barrett J, Sr Mgmt Information Analyst Services Total Time: 25 Minutes of 100 Minutes Scheduled 3474 10/02/2018 Kelly Burgoyne AAA October 2, 2018 Business One Meeting 3569 10/02/2018 Kelly Burgoyne CCBSONE 1 10 Minutes—LCRB—Placeholder Finance and Barrett J, Sr Mgmt Information Analyst Services 3588 10/02/2018 Kelly Burgoyne CCBSONE 2 20 Minutes—Public Hearing—Resolution for First Finance and Kang S, Sr. Mgmt Quarter Budget Supplemental Information Analyst Services Total Time: 30 Minutes of 180 Minutes Scheduled 3475 10/09/2018 Kelly Burgoyne AAA October 9, 2018 Business Meeting 3577 10/09/2018 Kelly Burgoyne ACCSTUDY 115 Minutes—Council Liaison Reports Central 07/19/2018 Services 3IP , _ is\adm\city recorders\tentative agenda\august 6, 2018 tentative.docx Meeting Banner ❑ Business Meeting❑_ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full ❑ Workshop Meeting ❑ City Council Tentative Agenda 8/6/2018 5:28 PM - Updated Total Time: 15 Minutes of 45 Minutes Scheduled 3570 10/09/2018 Kelly Burgoyne CCBSNS 1 10 Minutes—LCRB—Placeholder Finance and Barrett J, Sr Mgmt Information Analyst Services Total Time: 10 Minutes of 100 Minutes Scheduled 3476 10/16/2018 Kelly Burgoyne AAA October 16, 2018 Workshop Meeting 3477 10/23/2018 Kelly Burgoyne AAA October 23, 2018 Business Meeting 3578 10/23/2018 Kelly Burgoyne ACCSTUDY 1 15 Minutes—Council Liaison Reports Central 07/19/18 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3571 10/23/2018 Kelly Burgoyne CCBSNS 1 10 Minutes—LCRB—Placeholder Finance and Barrett J, Sr Mgmt Information Analyst Services Total Time: 10 Minutes of 100 Minutes Scheduled 3478 11/06/2018 Kelly Burgoyne AAA November 6, 2018 Business One Meeting 72 11/06/2018 Kelly Burgoyne CCBSONE 1 10 Minutes—LCRB—Placeholder Finance and Barrett J, Sr Mgmt Information Analyst Services Total Time: 10 Minutes of 180 Minutes Scheduled 3479 11/13/2018 Kelly Burgoyne AAA November 13, 2018 Business Meeting 3579 11/13/2018 Kelly Burgoyne ACCSTUDY 15 Minutes—Council Liaison Reports Central 07/19/2018 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3595 11/13/2018 Joe Patton CCBSNS 1 5 Minutes -Appoint Town Center Advisory Commission Community Krager C, City Members Placeholder Development Recorder 3596 11/13/2018 Joe Patton CCBSNS 2 5 Minutes—Appoint Tigard Transportation Advisory Community Krager C, City Committee Members Placeholder Development Recorder 3573 11/13/2018 Kelly Burgoyne CCBSNS 1 10 Minutes—LCRB—Placeholder Finance and Barrett J, Sr Mgmt 4 I r � . i:\adm\city recorders\tentative agenda\august 6, 2018 tentative.docx Meeting Banner 0 Business Meeting❑_ Study Session 0 Special Meeting ❑ Consent Agenda 0 Meeting is Full ❑ Workshop Meeting 0 City Council Tentative Agenda 8/6/2018 5:28 PM - Updated Information Analyst Servies 3531 11/13/2018 Schuyler CCBSNS 2 45 Minutes—Placeholder for Phase II Code Amendment Community 06/04/2018 Warren Adoption Development Total Time: 65 Minutes of 100 Minutes Scheduled 3480 11/20/2018 Kelly Burgoyne AAA November 20, 2018 Workshop Meeting Total Time: 0 Minutes of 180 Minutes Scheduled 3481 11/27/2018 Kelly Burgoyne AAA November 27, 2018 Business Meeting 3580 11/27/2018 Kelly Burgoyne ACCSTUDY 15 Minutes—Council Liaison Reports Central 07/19/2018 Services Total Time: 15 Minutes of 45 Minutes Scheduled 3574 11/27/2018 Kelly Burgoyne CCBSNS 1 10 Minutes—LCRB—Placeholder Finance and Barrett J, Sr Mgmt Information Analyst Services Total Time: 10 Minutes of 100 Minutes Scheduled Cancelled Council Meeting Dates: 8/21/2018 Lack of items 8/28/2018 Lack of items Council Confirmed Travel &Vacation Dates: Councilor Anderson August 1-5 Councilor Snider August 14 (Out) Marty Wine August 31—Sept. 17 (Vacation) Mayor Cook September 7-12 (Vacation) 5I is\adm\city recorders\tentative agenda\august 6, 2018 tentative.docx AIS-3599 3. B. Business Meeting Meeting Date: 08/14/2018 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: No 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: •June 12,2018 •June 19,2018 •June 26, 2018 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments June 12,2018 Minutes June 19,2018 Minutes June 26,2018 Minutes City of Tigard Tigard City Council Meeting Minutes TIGARD June 12, 2018 STUDY SESSION Council Present: Council President Snider, Councilor Anderson,Councilor Woodard and Councilor Goodhouse. Absent: Mayor Cook Staff Present: City Manager Wine,Assistant City Manager Zimmerman,City Attorney Rihala,Finance and Information Services Director LaFrance, Senior Management Analyst Kang,Senior Management Analyst Barrett,Utility Manager Goodrich and City Recorder Krager • A. RECEIVE FISCAL YEAR 2017 MASTER PEES AND CHARGES SCHEDULE UPDA I'L Senior Management Analyst Kang said this update is to give Council a chance to ask questions or request follow-up prior to the budget adoption hearing. He gave an overview of changes which are mainly driven by indices identified by resolution or the Tigard Municipal Code. There are also some changes to planning fees due to a clean-up of the Development Code.Finance and Information Services Director LaFrance addressed some increases in solid waste fees. As required by the TMC Tigard's two franchised solid waste haulers submit their financial reports for the calendar year and the code sets a target aggregate profit for waste haulers between 8 and 12 percent. The aggregate rate for the year ending December 2017 shows a profit rate of 9.7 percent so standard practice is to increase all solid waste rates by the index. The index for 2017 is 3.9 percent. Finance and Information Services Director LaFrance said the haulers experienced a drastic change in November of last year and now have to pay for recycling. This was not reflected in their financials. Most recycling is being shipped and handled in China and they have requirements about contaminated recycling that we are not meeting because our residents put the wrong things in their recycle bins. It slows the belts and increases labor costs to process which get passed along to the haulers. Because of this staff is suggesting a$1.50 residential monthly surcharge and 90 cents per yard for commercial customers. A rate study is coming up and will include this change to the industry. Councilor Woodard said he was supportive of the staff recommendation. Councilor Anderson asked how consumers will be notified of the increases. Mr. LaFrance said the haulers will put information on their bills. The budget hearing is on June 26 and some increases will go into effect on July 1. Councilor Goodhouse noted that the city no longer processes passports and asked why it remained a line item. Mr. LaFrance said it would be stricken. TIGARD CITY COUNCIL MEETING MINUTES—June 12, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 10 Councilor Woodard asked about the removal of the Overdue Cultural Pass fee and Mr.Kang said it was eliminated because the pass is now digital. B. COUNCIL LIAISON REPORTS Councilor Anderson reported on the Regional Water Providers Consortium meeting and said they have new video content which he will share with council. He attended the League of Oregon Cities Housing Summit. Councilor Goodhouse said the SW Corridor DEIS is available with electronic links and City Manager Wine said Council will be copied with the Executive Summary in their newsletter. Administrative Items: City Manager Wine said two items were removed from the agenda and will come forward at a later date:Agenda Item 9 -Purchase of Utility Truck Bodies and Agenda Item 10— Dirksen Park Shelter/Restroom. She said DHM Research will be setting up focus groups of citizens who voted against the levy. Council may observe these discussions or get a copy of the video. Councilor Woodard requested a copy of the video. She will get time and location details to council. The Study Session was adjourned at 6:54 p.m. 1. BUSINESS MEETING A. At 7:32 p.m. Council President Snider called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ C. Council President Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—Councilor Woodard requested a discussion on how to handle the potential third council seat in the upcoming election. He recommended this conversation happen well before the Washington County election deadlines. Council President Snider said he also had a Non-Agenda Item and these will both be discussed at the end of the meeting. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. TIGARD CITY COUNCIL MEETING MINUTES -June 12, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 10 B. Tigard High School Envoy—Associated Student Body Vice-President Sierra Kruse gave her school year-end report on Tigard High activities and events. She introduced next year's Student Envoy,Tigard High ASB Vice-President John Freudenthal. Councilor Woodard moved to approve Resolution No. 18-29 and Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Resolution No. 18-29—A RESOLUTION ACKNOWLEDGING AND COMMENDING SIERRA KRUSE FOR HER SERVICE AS TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD Yes No Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Council President Snider read the resolution and presented THS Envoy Kruse with a copy. C. Tigard Chamber of Commerce—Tigard Chamber Farmers Market Manager and Marketing and Events Coordinator Jessica Love gave an update on Chamber activities. She said 35 people have graduated from Leadership Tigard in the past two years. Applications are being accepted for next year's class. The ArtWalk went well and the pop-up gallery was a big success at Tigard Tap House. Berries are in at the Farmers Market. The Tigard Festival of Balloons is on Friday,June 22. The Tigard Street Fair will be on Saturday, September 8. D. Police Department Update—Chief McAlpine gave her monthly update to council with two PowerPoint slides and written material that have been added to the record. She said Tigard is trending up with person and property crimes,including a burglary spree along Hall Boulevard between O'Mara and Durham during the daytime. Calls to police went up past 2,000 and 61 percent of those are"Other,"which includes behavioral health situations, subject stops and working with the homeless. There was a 77 percent increase in stolen vehicles from last year and this is occurring in commercial areas as well as residential. She said the community should be diligent about not leaving valuables in their vehicles. Chief McAlpine noted that the Police Department received an action plan on the Gentlewoods neighborhood nuisance house and she will report next month on its status. The Police Open House was cancelled. There will be a police presence at the upcoming Balloon Festival. E. Citizen Communication—Sign-up Sheet. Charles Larson,12479 SW Brook Court,Tigard,OR 97223 said he represents a student-led record company called North Records LLC. They are working with Tigard Parks and Recreation on the very first Beginnings Music Festival. Tigard-Tualatin School District music students are involved and this gives them an opportunity to gain experience and TIGARD CITY COUNCIL MEETING MINUTES—June 12, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 10 exposure. A short film about the musicians will be shown at the Joy Theater at 6 p.m. on June 28, and the music festival starts at 5:30 p.m. on July 25th in Cook Park. He invited council to attend. Megan DeSalvo and Kelsey Love, 8527 SW Avon St,Tigard,OR 97224, spoke about the Tigard-Tualatin Relay for Life on July 14-15,a 24-hour walking event to honor cancer survivors. This is one of just a few 24-hour cancer relays remaining and will be held at Fowler Middle School. They requested city involvement and Council,President Snider asked them to discuss off-line with Assistant City Manager Zimmerman how the city can best offer assistance and help get the word out on this event. 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics Councilor Woodard motioned for approval of the Consent Agenda as presented and Councilor Anderson seconded the motion. Council President Snider conducted a vote'and the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 4. CONSIDER RESOLUTION OF APPRECIATION FOR TIGARD HIGH SCHOOL STUDENT ENVOY SIERRA KRUSE This was done earlier at the time of her report. 5. CONGRATULA'I'F.TIGARD HIGH SCHOOL STA 1'h CHAMPIONS IN DANCE,TRACK AND FIELD Council President Snider offered the Tigard City Council's congratulations to Tigard High State Champions in dance,track and field. He commented that Mayor Cook was unable to attend the meeting tonight but is a super fan of Tigard High athletes and all of Council follows their achievements. The dance, tennis, track and field athletes were presented with city pins and posed for photographs. Tizzy Stevens was honored for her second Tennis singles championship in Class 6A. Councilor Goodhouse invited the State Championship 4x100 Meter Relay Team (Josh Burns, Antonio Angel,Skylar Holloway and Breden Lenzy) forward and also noted that Antonio Angel earned an additional state title in Boys 300 Meter Hurdles. TIGARD CITY COUNCIL MEETING MINUTES--June 12, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 10 6. CONSIDER RESOLUTION APPOINTING PARK AND RECREATION ADVISORY BOARD MEMBERS Park and Facilities Manager Martin gave the staff report. Mayor Cook and Councilor Anderson interviewed ten citizens for vacancies on the PRAB on May 30. Their recommendation was to reappoint Scott Winkels and appoint Tristan Irvin and Ellen Seminara to their first terms as PRAB members.They also recommend appointing Sean Ernes and Darlene Dick to terms as alternate members. Councilor Goodhouse moved to approve Resolution No. 18-30. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-30 — A RESOLUTION TO APPOINT SCOTT WINKELS, TRISTAN IRVIN,AND ELLEN SEMINARA AS VOTING MEMBERS AND SEAN ERNES AND DARLENE DICK AS AL 1'hRNATE MEMBERS OF THE PARK AND RECREATION ADVISORY BOARD Council President Snider conducted a vote and announced that the motion passed unanimously. Yes No Councilor Anderson V Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 7. LOCAL CONTRACT REVIEW BOARD—CONSIDER AWARD OF CONTRACT FOR WA 1'ER METERS Senior Management Analyst Barrett and Utility Manager Goodrich presented the staff report. Utility Manager Goodrich said Tigard has 19,650 meters currently in use. The city will need to purchase new meters as new development comes on line and other meters are purchased to replace the 18,000 that are starting to age out. Most,including all in River Terrace, are specialized to allow utility billing division staff to read them with new radio read technology. Councilor Woodard moved to approve the water meter purchase as presented. Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson V Mayor Cook (absent) Councilor Goodhouse V Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY COUNCIL MEETING MINUTES--June 12, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 5 of 10 8. LOCAL CONTRACT REVIEW BOARD—CONSIDER AWARD OF CONTRACT FOR GENERAL TREE CARE AND CERTIFIED ARBORIST Senior Management Analyst Barrett and Park and Facilities Manager Martin gave the staff report. Every five years the city goes out for what used to be called the hazardous tree maintenance contract and is now called the general tree care and certified arborist contract. Two of the three bids received were deemed unresponsive. Staff recommends awarding the contract to Bartlett Tree Experts. Councilor Anderson moved for approval of the contract for general tree care and certified arborist services. Councilor Woodard seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 9 LOCAL CONTRACT REVIEW BOARD CONSIDER AWARD OF CONTRACT FOR :e ` _ This item was removed from the agenda and will be rescheduled. . _ . _ b _ Y' e e _ e I . _ Y_ .__ I .,., This item was removed from the agenda and will be rescheduled. 11. LOCAL CONTRACT REVIEW BOARD—CONSIDER AWARD OF CONTRACT FOR UNDERGROUND UTILITY LOCATING SERVICES Senior Management Analyst Barrett and Utility Manager.Goodrich presented the staff report. Mr. Goodrich said utility locating has been done in the past using in-house staff but there has been growth in the water system which now includes 260 miles of underground water pipe within the Tigard Water Service Area, 167 miles of sewer pipe,and 168 miles of storm water pipe within the city. Our system is also complex in that there are portions of the community served by Tualatin Valley Water District so they do those locates. We have also acquired pipe as part of the Lake Oswego-Tigard Water Partnership that we are responsible for locating.Tigard is a member of Oregon 811,which requires that the city receive and pay for any and all locate requests that Oregon 811 receives within ten feet of city infrastructure. The city has been performing its own locating services but to maximize the availability of staff to perform other duties,the city is looking to contract for locating needs. On staff's recommendation USIC was hired to do a short-term pilot project so staff could compare what an outside contractor could do compared to in-house forces. Councilor Woodard asked if the staff previously doing the utility locating workload was needed. Utility Manager Goodrich said there is a vacancy in the water division that will not be filled. The person who used to do the locating is freed up to do deferred maintenance.They are in the master TIGA.RD CITY COUNCIL MEETING MINUTES —June 12, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 10 plan process which will also examine staffing needs. Councilor Woodard asked about coordination loading updates to the CMMS program. Utility Manager Goodhouse said the law requires each operator to locate their underground utilities within a certain timeframe and staff recognizes the importance of this. Their experience in using USIC for a trial period has been very positive. Staff wants to award the contract to for this service. They are local and have an office in Tigard.Tigard's Enterprise GIS people can share GIS information with their systems using new technologies and protocols so records can be quickly updated. Councilor Woodard said he liked that the funding was divided between the water, sewer and storm funds. Council President Snider said it was hard to imagine that one employee is doing services costing $125,000 a year. Utility Manager Goodrich said it is one r'1'L but Friday, Saturday and Sunday service must be available for emergency locates. The city would be able to get that service with the contractor for$35 per hour. Two FTE employees would be required to provide the same availability for this complex system. Councilor Goodhouse moved for approval of the contract as presented. Councilor Anderson seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 12. CONSIDER AUTHORIZING A FOURTH AMENDMENT TO THE LASICH PROPERTY PURCHASE AGREEMENT Parks and Facilities Manager Martin gave the staff report on this amendment to the Lasich property purchase agreement. He said this adjusts the lease slightly by moving up the timetable on the last payment so it can be paid off as soon as possible in the new fiscal year so partners working on the Roy Rogers Road water system line can stage their equipment and vehicles. The city will not be charging them rent but will request that they mow the property,gravel the road and maintain the building which could serve as a job shack for the project. He noted that if the City charges the project it would be charging itself because Tigard is paying one-third of the Roy Rogers Road costs. Councilor Anderson moved to approve a fourth amendment to the Lasich property purchase and authorize the City Manager to sign. Councilor Goodhouse seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES—June 12, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 7 of 10 Yes No Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 13. CONSIDER AUTHORIZING THE PURCHASE OF A PARK FACILITY ON THE LASICH PROPERTY Parks and Facilities Manager Martin gave the staff report. Staff is requesting the purchase of a double-wide modular home on the Lasich property,located across the driveway from a large metal shed. He said this modular unit will work for future park crew members to use and store their equipment. The asking price is $50,000 and it was appraised at$82,000. Councilor Woodard commented that it looks like a good facility. Councilor Goodhouse moved to approve the purchase of the modular building on the Lasich property and authorize the City Manager to complete the transaction. Councilor Anderson seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 14. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH ODOT FOR RIGHT OF WAY SERVICES FOR NEW SIDEWALKS ALONG SW COMMERCIAL STREET Senior Project Engineer Newbury gave the staff report. He said in 2016 the city entered into an intergovernmental agreement with TriMet for sidewalks near Main and Commercial Streets. During the design phase it was determined that some temporary construction easements were needed. This agreement will allow ODOT to perform right-of-way services on Tigard's behalf. Costs involved will be taken care of by TriMet. Councilor Goodhouse moved to authorize the city manager to sign an agreement with ODOT for right-of-way services for new sidewalks along SW Commercial Street. Councilor Woodard seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES-June 12, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 10 Yes No Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ 15. EXECUTIVE SESSION None. 16. NON-AGENDA ITEMS 1. Councilor Woodard requested a discussion on the vacant council seat. City Manager Wine said a letter was received from Council President Snider stating he was running for mayor so he is resigning from his council term at the end of December. Councilor Woodard said he wanted to ensure Council makes a decision in time before running into deadline issues with Washington County Elections. He recommended holding this discussion within 30 days. City Manager Wine commented that the last time Council had a council seat vacancy decision before them was in 2012 and it took three meetings to decide a course of action. 2. Council President Snider said he has been reflecting on the results of the levy and suggested that the performance audit process begin immediately. He said he made this suggestion in January and while that would have been the best time to start the process,the next best time is now. He said a majority of the council did not support his recommendation then but asked council to join him now in supporting that all city departments be audited, or at a minimum,all departments supported by the General Fund,by the end of 2018. He asked if there was council support. Councilor Goodhouse said one thing coming from the levy results is that people want to know what the city is doing and it is a good time to look at performance audits. He suggested the sooner the better because the city is facing another year with budget cuts and it would be good to have this done before entering into the next budget cycle. Councilor Anderson said he was supportive and asked about the costs. Councilor Woodard said he was pleased to hear this recommendation and has been suggesting this since 2011 but unfortunately could not get council to shift gears. He questioned whether the timing was a political ploy. He said he wants to put this to a vote because citizenry would be favorable and it will take a charter change. A task force would be required and that would need to be defined in the city charter. He estimated that the cost may range from $20,000-$40,000. City Manager Wine clarified that the direction is for staff to develop a plan that includes how to fund, options and prices for a performance audit by end of the year 2018. She said an audit would not be completed by the end of the year but this would map out a plan and determine the scope. 17. ADJOURNMENT At 8:25 p.m. Councilor Anderson moved for adjournment. Councilor Woodard seconded the motion and all voted in favor. TIGARD CITY COUNCIL MEETING MINUTES-June 12, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 10 Yes No Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Carol A. Krager,City Recorder Attest: Jason Snider, Council President Date TIGARD CITY COUNCIL MEETING MINUTES-June 12, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 10 of 10 1111 City ofTigard Tigard Workshop Meeting Minutes TIGARD June 19, 2018 ORKSHOP MEETING A. Mayor Cook called the meeting to order at 6:34 p.m. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Woodard Councilor Anderson Mayor Cook Councilor Goodhouse Council President Snider C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non Agenda Items—There was none. 1. UPDATE ON REGIONAL AFFORDABLE HOUSING BOND Associate Planner Warren presented this item. Metro Regional Affairs Manager Jes Larson,Metro Councilor Craig Dirksen and Metro Council President Tom Hughes attended and gave a presentation. Metro Councilor Dirksen explained that Metro recently voted unanimously to refer a bond measure to the region voters for affordable housing that is intended to address the housing crisis. He explained that this is not just a Metro Bond,but an effort between Metro and cities throughout the region who have come together to address affordable housing. Metro Council President Hughes said the bond measure is a product of many lengthy discussions that happened between Metro staff,Metro Council and other agencies throughout the region. He said the lack of affordable housing has been a problem and has reached a crisis level where young families are starting to look elsewhere because of housing prices;it is about community involvement and keeping communities together. He explained that wages have stagnated,housing prices continue to increase and Metro as a regional government can leverage their local partners in all three regions (Washington County,Multnomah County and Clackamas County),and said this is an effort to invest in the public and provide housing for thousands in need. Mr. Hughes said he supports the statewide constitutional measure,which allows jurisdictions to use bond money in addition to private non-profits,and will significantly expand the number of units they can build with the amount of money that will be raised. TIGARD CITY COUNCIL MEETING MINUTES -June 19, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 6 Metro Regional Affairs Manager Jes Larson said that as a public employee she is not before council to advocate either for or against the upcoming Metro bond,but is here to provide council with information about the bond. She talked about the amount of the bond,impact to the region,what the money can be used for,current restrictions,implementation and partnerships with the housing authorities in the region (Washington County,Clackamas County and Multnomah County). She said in the last session,the State Legislature referred a measure to voters for affordable housing that would allow for the use of bond money for partnerships with low-income housing tax financing and ownerships by non-profit and for profit agencies. She explained that should the amendment not pass then the bond would be passed through the housing authorities since they are public agencies as well as owners and operators of affordable housing. Ms. Larson said Metro would keep ten- percent of the bond money in order to acquire more land,and they are estimating the additional cost to homeowners to be sixty dollars annually,and additionally an oversight committee would be formed. She also said that no more than five-percent of the bond money could be used for administrative costs. Metro Council President Hughes said that in his thirty years as a high school teacher,he saw up close the learning difficulties for children who came from unstable housing situations;typically,the average wait time for families to get into affordable housing is over two years. Councilor Woodard stated that when he and his wife adopted two children,he was able see how they lived and it really opened his eyes. He said it is important to make sure children have a safe place to study and thanked Metro for their efforts. Council President Snider asked if the Metro Council had unanimously approved this. Metro Council President Hughes replied yes. Councilor Anderson asked if they have enough developers to collaborate with,if Metro would be holding onto to some ownership,and if there are any expectations for non-profits to repay. Ms. Larson replied that if other partners own the land and building,it would come with limitations. Metro Councilor Dirksen said no,they would not keep any ownership of the property,but they would put a permanent deed restriction on the property. Council President Hughes said they can target areas where there will be transportation improvements to allow for affordable housing. Councilor Goodhouse asked about the repayment timeframe. Ms.Larson said when voters pass a bond you typically have five to seven years to use the full extent of the money and twenty years for repayment. Councilor Goodhouse asked the best way to oversee and to make sure cities get their fair share. Councilor Dirksen said it would be up to the housing authorities and the other monies would go to the County's and the County would distribute funds to cities in their jurisdiction. He said Metro would create processes and guidelines for counties to follow that would be done through an agreement,and then the oversight committee would review to make sure the processes and guidelines are being followed. He explained that each jurisdiction would be have input on these processes and guidelines prior to the bond passing and the agreements. TIGARD CITY COUNCIL MEETING MINUTES -June 19, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 6 Councilor Goodhouse stated he would like to make sure that each jurisdiction gets their fair share. Ms. Larson said that for Tigard,the relationship would be between Tigard and Washington County. Mr. Hughes said the plan is to have the County distribute funds to communities that are working with the County,have identified a need and have a plan in place to address those needs where additional funds are required. Council President Snider said the fact that funds will be equitably distributed at the county level takes some concerns away. Mayor Cook said he is in favor of the statewide constitutional amendment and hopes to see this pass,because this would almost double the number of housing units Tigard can build or collaborate to build. He said Tigard is use to these kinds of partnerships. He said the difficult part is also that it is statewide measure. Mr. Hughes said the way the measure is phrased would help. Mr. Dirksen said the challenge of affordable housing affects a larger percentage in rural areas. Mayor Cook said overall,he is in favor of this and recognizes Metro has spent a lot of time meeting with stakeholders;it looks better now than it did two months ago and appreciates that Metro listened. He said his biggest concern is possible tax fatigue of the voters and that it could make it more difficult for cities to pass their own levies. Councilor Dirksen replied that adding to the property burden is not good and that affordable housing and transportation issues effect each other. Council President Hughes added that the best way to raise money is to go out for regional bond vs each county going out for their own. He stated the polling they have done has not indicated they should not go out for the bond. Mayor Cook said this will not solve the homeless problem,but it is a good place to start. Councilor Dirksen agreed. 2. JOINT MEETING WITH COMMIF1'EE FOR COMMUNITY ENGAGEMENT TO RECEIVE ANNUAL REPORT Communications Strategist Owens presented this item. Members of the Committee for Community Engagement in attendance were Tamara Boring,Basil Christopher,Bhushan Gupta,David Hanna, Cathy Olson,Connie Ramaekers,Christine Rehse,Dolly Specht and Miranda Wood. Mr. Owens discussed what the committee has been doing and how the committee decided how they wanted to get information to council and out to the public. He said council had asked that there be diversity represented in the make-up of the committee and he believes the group is a good representation of diversity. TIGARD CITY COUNCIL MEETING MINUTES -June 19, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 6 Committee Chair Christopher said the committee recently renamed themselves,that they now have some direction,went through an intensive planning process. He thanked council for meeting with them and said this is a great opportunity to get input. Committee Member Hanna said he is a newer member,but has seen quite a bit of change with the committee. He said committee members want to do more and that they had collectively come up with their strategic plan and mission statement,and they hope to be a more effective group. Councilor Woodard said he likes what he sees and hears from the committee and for them to keep doing what they are doing. Council President Snider said this is an exciting time and the work they have been doing over the last year has been good. Councilor Goodhouse thanked the committee for their hard work and for volunteering. Mayor Cook said the advantage of forming boards and committees is so they can bring council information. He asked if the group is hearing anything from the public about where the city is and asked what council can do differently to help them in their outreach. Committee Member Olson said the people who want to know something go out and seek information,and people who are not sure if they need to know something or want to know something,do not. She said this has been difficult in figuring out how to get information out to those who do not seek it. Committee Member Hanna said there is a lot of information and they are trying to find creative ways to get information out to citizens who are busy in their everyday life. He asked what projects the council would like the committee to work on. Committee Member Wood said the city has done a good job of getting information out. Councilor Anderson said it is important to be visible out in the community during such events like the Balloon Festival and other city events. Committee Member Spech said she finds herself being in a neighborhood with residents who have been there for years and some people are not aware there has been change. She said there seems to be a trust issue and is not sure how to break that. Committee Member Bushan said he would like to take good news back to his neighbors,and would like to approach it in more of a grass roots effort. Mayor Cook asked what kind of tasks the committee would be open too. Mr. Owens said the committee has discussed participating in outreach activities, such as the Tigard's Farmers Market,and engaging with the public,and there is a willingness to do this. TIGARD CITY COUNCIL MEETING MINUTES —June 19, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 4 of 6 Mayor Cook said that as the city plans for budget cuts over the next two years,it would be good to get a sense of what citizens feel about the budget cuts,and the committee could help with this. Council President Snider agreed and said there needs to be a broader community dialogue about this because they do no fully recognize or know what is really at stake. He would like to get critical feedback that will help council see how they move forward. Councilor Woodard said council does do outreach in the community and it would be good to have the committee do something similar or to have them support council's outreach and help bring people in and gather information. Councilor Goodhouse agreed with the Mayor and would like to take it a step further and see what people thought about the levy and what reasons there may have been for the levy failing. He said it is good to find out what went well and what went wrong. He suggested the committee participate in National Night Out as a way for them to find out what is going on. Mr. Owens said the committee would reach out to the police department and see about coordinating with them for National Night Out. Committee Member Spech said congestion is also a big problem. Mayor Cook thanked the committee for volunteering and taking the time to meet with council and for their willingness to reach out to the community. 3. NON AGENDA I l'EMS—Mayor Cook asked council if they would be interested in discussing Metro's Regional Affordable Housing Bond at a future meeting. Council unanimously agreed to place it on a future agenda for discussion. 4. EXECUTIVE SESSION —None. 5. ADJOURNMENT At 8:03 p.m. Councilor Woodard moved to adjourn the meeting and Councilor Goodhouse seconded the motion. Motion passed by a unanimous vote. Name Yes No Councilor Woodard Councilor Anderson Mayor Cook Councilor Goodhouse Council President Snider TIGARD CITY COUNCIL MEETING MINUTES —June 19, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 5 of 6 Kelly Burgoyne,Deputy City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —June 19, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 6 City ofTigard 11141 . Tigard City Council & TCDA Meeting Minutes TIGARD June 26, 2018 STUDY SESSION City Council Present: Mayor Cook, Councilor Anderson,Councilor Woodard, Council President Snider and Councilor Goodhouse A. CONSIDER CITY COUNCIL VACANCY City Attorney Rihala discussed three options for filling the council seat Council President Snider had to resign from in order to run for mayor,effective December 27,2018. She prepared a memo detailing Charter and Code requirements and historical context.While past councils have chosen not to appoint for a vacancy over a year,that is not stated anywhere and the current council is not bound to follow that.The first option is a special election which would be costly to the city. The second option is for council to appoint and the third option is putting the seat on the 2018 November general election which would mean two four-year terms and one two-year term on the ballot. Mayor Cook began the discussion by saying he wanted to avoid a special election because Tigard would have to bear the costs. Councilor Anderson agreed. Mayor Cook said he felt if an appointment was made it should be by the new council because they are the ones that will work with them. If the application time is open after the election then any mayoral candidate not getting elected could put their name in for consideration. If some of the appointment groundwork is started now the new council could appoint in early January and not be down a member for very long. Councilor Woodard said he liked the third open seat on the November election but if it did not fill,then he preferred an appointment over a special election. Councilor Goodhouse said he was for appointing. Councilor Woodard asked if it was a true statement that a new council could actually appoint Councilor Snider if he was not elected mayor. Mayor Cook replied yes,but Councilor Woodard could also be appointed. Councilor Woodard commented that he would not be interested. City Manager Wine said there was not a decision being asked of council tonight and a public hearing on this topic is scheduled for the July 17 Workshop. She will prepare a decision calendar. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 12 Councilor Anderson commented that it sounded like a special election was out and council agreed. B. COUNCIL LIAISON REPORTS Councilor Woodard reported on the Intergovernmental Water Board and said there has been only one strong chlorine odor complaint recently. It has been a dry year but there is no low flow curtailment scheduled. Council President Snider asked if the council could get a briefing from Utility Manager Goodrich on algae bloom danger in the Clackamas River system. Mayor Cook said the Washington County vehicle registration fee goes up on July 1 and the City of Tigard's portion of that revenue will be$800,000. He noted the North Dakota Bridge costs are still rising and staff is writing a grant to cover costs. Council President Snider asked if the rising costs are all in materials and if so,could the city buy a hedge against that like airlines do with fuel. City Manager Wine said she will check on that. Councilor Goodhouse reported on the JPACT meeting and said in a major earthquake Burnside Street and the Burnside Bridge will be the main route to keep open. The bridge must be operable to allow ships to pass. Cities other than Portland are very concerned about other regional bridges. Councilor Goodhouse said he and Councilor Anderson are part of the downtown facade improvement committee and the former CarQuest building is being remodeled.Mayor Cook asked City Manager Wine to check on remaining downtown targeted improvement grant funds.He reported on the U.S. Conference of Mayors and said the two-year theme was the three I's—Infrastructure,Innovation and Inclusion. The Study Session ended at 7:11 p.m. 121 . BUSINESS MEETING A. At 7:33 p.m. Mayor Cook called to order the Tigard City Council and Town Center Development Agency. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard ( 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 2 of 12 D. Mayor Cook called for non-agenda items. None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine said there was no follow up to previous citizen communication. B. Citizen Communication—Sign Up Sheet. Ron Royce, 13870 SW Otto Lane in Beaverton,with the Tigard 4`''of July Committee said this event is in its 32nd year. He thanked the city for their support and gave a briefing on how it got started. A family shot off fireworks for years at a pond off of Walnut Street, creating traffic and safety problems. Former Mayor Tom Brian called people together and suggested getting the fireworks aficionados to join and do something the entire city could enjoy. It is now a family-friendly event with no alcohol,no political issues,just firework watching over a picnic lunch. He said he realizes the city is under budget constraints but would like the support to continue. Council President Snider said council should be thanking him for his involvement. Councilor Woodard asked Mr. Royce if this is the kind of event that draws people from outside of Tigard. Mr. Royce replied that people come from all over. Mayor Cook added that there are old fashioned elements still available such as ice cream,community band music and gunny-sack races. He distributed a video about the fireworks celebration. Allen Peck, 13995 SW 102nd Avenue,Tigard, OR 97223,said there have been unintended consequences from the classification of McDonald Street as an arterial. He has lived on McDonald for 25 years. Traffic has gone from bad to worse so he is asking for traffic calming measures. He said the City plans to double the traffic from 11,000 to 20,000 cars and this is concerning for him and his wife. He said this is the same classification as Scholls Ferry Road but Scholls Ferry has streetlights,noise barrier walls and sidewalks. Mr.Peck said he is a civil engineer and McDonald Street does not meet any of the criteria of an arterial. He added that many overweight trucks are using McDonald Street as a through street(which they should not according to city ordinance). His written testimony has been added to the record for this meeting. Council President Snider asked if any staff were on point to address this and City Manager Wine replied that her office has been in contact with Mr. Peck. Katrin Dougherty,works at 9055 SW Locust Street in Tigard for YouthSource and Supa Fresh Youth Farm programs which have been City of Tigard community grant recipients. She thanked the city for supporting them over the years. They have received grants for their youth workforce and training programs This program works with hundreds of students in the area and moves the graduation rate of its participants from 50 to 90 percent. She invited council to some see the farms. Mayor Cook said he has been involved with them for six years and to get at-risk youth to that graduation rate is amazing. He said they teach education and life skills such as how to interview, sell,manufacture and many other aspects. Ms. Dougherty also expressed appreciation for the city's support for the Metzger School Community Park. TIGARD CITY COUNCIL MEETING MINUTES -June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 3 of 12 3. CONSENT AGENDA: (Tigard City Council) — A. Proclaim July as Parks and Recreation Month B. Receive and File: 1. Abstract of Votes for City of Tigard Measure in the May 15,2018 Election Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider moved for approval of the Consent Agenda. Councilor Goodhouse seconded the motion. The motion passed unanimously. 4. CONSIDERATION OF RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STA 1'F,-SHARED REVENUES Finance and Information Services Director LaFrance and Senior Management Analyst Kang gave the staff report on the FY 2018-2019 Budget which included a PowerPoint. Mr. LaFrance said there is a series of items that will culminate in adoption of the city's budget and Town Center Development Agency's budget. Mr. LaFrance summarized the multi-year process to attempt to address eroding service levels. The Budget Committee looked at a local option levy. Over the last year the Bond and Levy Committee unanimously supported going out for a levy. It failed and the Budget Committee recommended cuts if it failed.Last fall the city's Leadership Team determined that there would be less disruption if the cuts were spread over two years. Mr. LaFrance said Tigard always balances its budget. We know what our available resources are now and will live within our means. Cuts are needed now and savings will be banked. He thanked staff, the Leadership Team,Levy and Bond Task Force,Budget Committee,Council, residents and Finance Department staff Steve Kang and Liz Lutz. Councilor Woodard made a motion to adopt Resolution No. 18-31. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and tide of the resolution. RESOLUTION NO. 18-31 -A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STA FL SHARED REVENUES Mayor Cook conducted a vote and Resolution No. 18-31 was adopted unanimously. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 12 Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 5. PUBLIC HEARING-DECLARE THE CITY OF TIGARD'S ELECTION TO RECEIVE STATE REVENUE FUNDING a. Mayor Cook opened the public hearing. b. Mayer Cook announced the hearing procedures and said any person wishing to comment on this matter shall be given the opportunity. c. Finance and Information Services Director LaFrance and Senior Management Analyst Kang gave the staff report. d. Public Testimony—There was none. e. Finance and Information Services Director said staff recommends approval of the resolution. f. Mayor Cook closed the public hearing. g. Council Discussion and Consideration: Council President Snider moved for adoption of Resolution No. 18-32. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 18-32-A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STAFF.REVENUE SHARING Mayor Cook conducted a vote and Resolution No. 18-31 was adopted unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 6. INFORMATIONAL PUBLIC HEARING:ADOPT CITYWIDE MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION NO. 17-27 AND ALL SUBSEQUENT AMENDMENTS TO DA l'E a. Mayor Cook opened the public hearing. b. Mayor Cook announced that any person wishing to comment on this matter shall be given the opportunity. TIGARD CITY COUNCIL MEETING MINUTES -June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 12 c. Finance and Information Services Director LaFrance and Senior Management Analyst Kang Mr. LaFrance said a council discussion was held two weeks ago. Tigard Municipal Code Chapter 3.332.050 requires that the master fees and charges schedule be approved as part of the annual budget process. A summary is attached to the Master Fees and Changes document which outlines all of the changes,most of which are based on indices created when the fees were created. He highlighted three items of note. The solid waste fees include a 3.9 percent increase in all solid waste fees which is in compliance with Tigard Municipal Code 11.04.090 and also adds a recycling surcharge due to recent cost increases experienced by the city's haulers. Mayor Cook asked Finance and Information Services Director LaFrance to explain to the public why that fee is in place. He responded that under the Tigard Municipal Code there are bounds placed on profit margins for the haulers. They are within those bounds and so this gets applied. But since November,recyclers have to pay (rather than receive income for recycled materials. China's criteria have increased for the amount of waste materials allowed within recyclables which makes it harder to process. Staff is recommending this additional surcharge. This should keep them within their bounds and prevent a much larger increase one year from now. Mayor Cook commented that while the amount of material to be recycled has increased,the problem is that we are putting things in our bins that are not recyclable. This slows down processing machines or in some cases,contaminates the entire container. He asked citizens to please check their waste hauler's information rules and follow them. Everyone is now paying more because we are putting things in our recycle bins that are not recyclable and they are getting sent to the landfill. Mr. LaFrance said a number of fees use the Seattle Construction Cost Index especially for development. That index is higher than normal. Construction costs are going up and that index is reflecting it. The Home Builders would like to explore alternative indices with staff next year. He said staff is looking for a last-minute adjustment. On page 4 there is a disabled parking violation fee. These fees are indexed but when applying the index to this one particular fee, the city attorney says the fee would be taken above the state statutory fee of$165. He asked that council approve the Master Fees and Charges Schedule with one change -keep the disabled parking fee at$165. d. Public Testimony-None. e. Staff Recommendation—Finance and Information Services Director LaFrance said staff recommends council approve the Master Fees and Charges Schedule with the one amendment. f. Mayor Cook closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES -June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 12 g. Discussion and Consideration: Resolution No. 18-33 Councilor Woodard moved for adoption of Resolution No. 18-33. Council President Snider seconded and motioned to amend the disabled parking fee to $165. Councilor Anderson seconded the motion. Mayor Cook asked for a vote on the amendment. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse V City Recorder Kroger read the number and title of the resolution. RESOLUTION NO. 18-33 -A RESOLUTION ADOPTING THE CITYWIDE MAS 1'ER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 17-27 AND ALL SUBSEQUENT AMENDMENTS TO DATE,amended to make the disabled parking fee$165 Mayor Cook conducted a vote and Resolution No. 18-33 passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 7. INFORMATIONAL PUBLIC HEARING: ADOPTION OF THE BUDGET,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2019 a. Mayor Cook opened the public hearing. b. Mayor Cook announced that any person wishing to comment on this matter shall be given the opportunity. c. Staff Report—Finance and Information Services Director LaFrance said this is the budget hearing for the city's 33 funds. Requirements are$225.6 million with $126 million of appropriated budget and just under$100 million of reserves. On May 29,2018 the Budget Committee approved the budget. Staff has brought forward some technical adjustments and is asking that Council adopt the budget with these technical adjustments. In material attached to the agenda item summary there were four technical adjustments in Operations and one for the Capital Improvement Plan. He distributed to council information on two additional technical adjustments for Operations. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 7 of 12 Mr.LaFrance summarized the technical adjustments. When the city attorney budget was created staff took the legal budget within each department and centralized it within the city attorney's budget. $5,000 of that should not have been taken out of the Police Department and this will place it back in their budget and out of the city attorney's budget for prosecutorial services. The city attorney should not be handling these in order to maintain separation of duties. Two Washington County Cooperative Library Services pool grants (revenues from WCCLS that exceeded expectations and get distributed to individual libraries)were awarded for almost $45,000 during the current fiscal year and this will be budgeted into the next fiscal year. There is a correction from a Budget Committee action where CERT was funded and it was determined that the gas tax fund was not likely to be an appropriate source and what is far more likely use of CERT time is damage surveys at various parks so this will be the funding source. Mayor Cook said he did not remember the Budget Committee ever suggesting the gas tax as a source to fund CERT. Mr.LaFrance clarified that the Budget Committee funded a reduced level of CERT divided between Water,Sewer,Storm and the gas tax. Council President Snider said what was moved was that it come from "appropriate enterprise funds."Mr. LaFrance said that during the discussion he put forward the gas tax and this will correct this, which is not an appropriate place to fund CERT but Parks will be. CERT will be monitored during the year to see where the time is actually being spent. The last adjustment is a capital improvement carry-forward for some equipment that was ordered but will not be received until the upcoming fiscal year and this simply puts the appropriation from the current fiscal year into the next. There is also a carry-forward for some equipment identified with the Canterbury Pump Station. Mr.LaFrance said two new items are Operations items. When Council took action on the transient lodging tax,one of the areas identified in the financial plan was community events. Between various event categories there was $90,000 in the plan. What is before council will take$40,000 (budgeted within the economic development division of Community Development) but what was not done was the community events portion. A subcommittee reviewed all events and made recommendations on what would be awarded if the levy passed and what they would recommend if it failed. The reduced amounts were brought forward in the proposed budget approved by the Budget Committee. Staff realized that with the use of the transient lodging tax there were a number of community events that were reduced that should not have been. This change will use the TLT to fund those at the amount recommended by the subcommittee. He gave Council a table which identifies these events: Broadway Rose,Tigard Festival of Balloons,Tigard 4th of July,downtown Tigard events,Bull Mountain Farmers Market,Tigard Area Farmers Market,and the Tigard Chamber of Commerce. Mr.LaFrance added that within the approved budget the traffic unit was cut but upon further financial review it was determined that the lost revenue due to cutting the traffic unit exceeded the incentive pay savings pay for the traffic unit. He said staff is recommending that at least for the next year the traffic unit remain in place. • TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 8 of 12 d. Public Testimony: Liz Newton, 12300 SW 106th Drive,Tigard,OR 97223 said she is a citizen member of the Budget Committee and a council candidate. She thanked council for appointing her to the Budget Committee when there were so many qualified candidates. It was interesting for her to see the budget from a different perspective,having been on staff. She expressed concern for the 2020 budget year and said$2.5 million will be a big hit to city services. She suggested that a conversation with the community needs to start now so they understand the cuts. She said she still hears some confusion about how things get funded. She recommended getting citizens involved now so they can be familiar with the budget and the Committee for Citizen Engagement could be used to identify tools to get people involved. Linda Monahan, 10245 SW Kent Court, Tigard, OR 97224 said the proposed budget seems to be a done deal, albeit adjustments were made to CERT and the Police school resource officer budgets. She said she was disappointed the Budget Committee was not able to make difficult choices in the FY 18-19 budget year, instead postponing the major cuts to the following year. Citizens feel the city has a revenue and a spending problem. Tigard is a good place to live but it costs a lot to live here. From her $6,700 annual tax bill $1,100 is for bonded debt. People and businesses are struggling and the city has gone to the well too many times. Commerce has to diversify and find different ways of doing business. Citizens expect the city to do the same. Measure 34-283 could have brought in more revenue but it was too much, too broad and too vague to pass. It doesn't take thousands of dollars in polling to • reach that conclusion. Ms. Monahan said at the June 12 meeting,she witnessed two council members quibbling about performance audits. She suggested that as a matter of public policy,Council direct staff to start looking at access to community spaces and the revenue that is generated from that source. She commented that it would not require an RFP to conduct such a review. Ms. Monahan suggested that the Budget Committee be convened early to start looking at spending,revenue and how services can be delivered differently instead of waiting until the 11th hour to make difficult decisions. A written copy of her testimony has been added to the record. e. Finance and Information Services Director LaFrance said staff recommends adoption of the budget with technical adjustments. f. Mayor Cook closed the public hearing. g. Council Deliberation on Resolution No. 18-34 Council President Snider said he asks annually if Fairhaven Recovery Homes received a social services grant because if so,he needs to recuse himself from voting due to an actual conflict of interest. Council President Snider moved for adoption of Resolution No. 18-34 with all technical adjustments made by staff and excluding approval of the allocation for the Fairhaven Recovery Homes social services grant. Councilor Goodhouse seconded the motion. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 12 Councilor Woodard commented on the event grants and said he saw them as tourism type events and it was a good call to use the transient lodging tax for them. He said the public needs to understand that these events do not show up on the financial statements as revenue or expense but they provide an economic multiplier that benefits small business,brings the community together and spurs innovation. He said he was pleased that the events are not going away because of their importance to the community. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 18-34-A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE APPROVED BUDGET,WITH ADJUSTMENTS,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY,AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2019,excluding approval of the Fairhaven Recovery Home Grant. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook conducted a vote and the motion passed unanimously. The need to consider the social services grant to Fairhaven Recovery Homes was discussed. Finance and Information Services Director LaFrance said it would be better to approve the budget on a single resolution and approve the grant by a separate action of council. A separate resolution to approve the Fairhaven Recovery Center social services grant would be Resolution No.18-35. Councilor Anderson moved for approval of Resolution No. 18-35 and Councilor Woodard seconded the motion. Mayor Cook conducted a vote. RESOLUTION NO. 18-35 A RESOLUTION APPROVING THE FAIRHAVEN RECOVERY HOME SOCIAL SERVICES GRANT Yes No Abstain Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook V Councilor Goodhouse V Mayor Cook announced that Resolution 18-35 passed with four yes votes and one abstention. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 12 Mayor Cook convened the Town Center Development Agency. 8. TOWN CEN LER DEVELOPMENT AGENCY—INFORMATIONAL PUBLIC HEARING: ADOPTION OF THE TCDA FISCAL YEAR 2019 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CA 1'EGORIZE TAXES a. Chair Cook opened the public hearing. b. Chair Cook announced the hearing procedures and said that any person wishing to comment on this matter shall be given the opportunity. c. Staff Report—Finance and Information Services Director LaFrance and Senior Management Analyst Kang gave the staff report. There were no technical adjustments and two funds were added for the Tigard Triangle. Staff recommended adopting the budget. d. Public Testimony No one signed up to speak. e. Staff Recommendation — Finance and Information Services Director LaFrance said staff recommended adopting the budget as approved. f. Chair Cook closed the public hearing. g. TCDA Discussion and Consideration—TCDA Resolution No. 18-04 Director Anderson moved for adoption of TCDA Resolution No. 18-04 and Director Snider seconded the motion. City Recorder Krager read the number and title of the resolution. . TCDA RESOLUTION NO. 18-04-A RESOLUTION ADOPTING THE FISCAL YEAR 2018-19 BUDGET,WITH ADJUSTMENTS,MAKING APPROPRIATIONS,AND IMPOSING AND CA'1'EGORIZING TAXES Yes No Director Snider ✓ Director Woodard ✓ Director Anderson ✓ Chair Cook ✓ Director Goodhouse ✓ Chair Cook announced that TCDA Resolution 18-04 passed unanimously and thanked the Budget Committee,staff and those who testified. He said he appreciated hearing from them and some changes were made as a result. 9. NON AGENDA ITEMS There were none. 10. EXECUTIVE SESSION: None Scheduled. Chair Cook reconvened the City Council. • TIGARD CITY COUNCIL MEETING MINUTES -June 26, 2018 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 12 11. ADJOURNMENT At 8:31 p.m. Councilor Goodhouse motioned to adjourn. Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ • Mayor Cook ✓ Councilor Goodhouse ✓ Carol A. Krager, City Recorder Attest: John L. Cook,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard ( 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 12 of 12 AIS-3567 4. Business Meeting Meeting Date: 08/14/2018 Length (in minutes):5 Minutes Agenda Title: Consider Resolution to Appoint Town Center Advisory Commission Members Submitted By: Sean Farrelly, Community Development Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall Council approve a resolution appointing members to the Town Center Advisory Commission? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends approval of a resolution appointing Chris Haedinger and Lucas Brook as voting members and Gloria Pinzon-Marin as a non-voting Ex Officio member. KEY FACTS AND INFORMATION SUMMARY The Town Center Advisory Commission (TCAC) is the advisory body to the Town Center Development Agency on urban renewal issues. There are currently three voting position vacancies on the TCAC.This action would fill two of the voting vacancies and one of the ex officio positions. One voting position,the two alternate positions,and one ex officio position would remain vacant. Chris Haedinger was interviewed on June 27,2018 by the Mayor's Appointment Advisory Committee.They recommended his appointment to a vacant voting position that expires December 31,2020. Lucas Brook was appointed by Council as a non-voting alternate member on December 12,2017. Lucas has expressed interest in being appointed to a vacant voting position that expires December 31,2019. Gloria Pinzon-Marin was appointed as a voting member to the TCAC (then CCAC) on December 20,2016. She was elected to serve as the TCAC Vice-Chair in January 2018.A twenty-two year resident of Tigard,she recently was required to vacate her apartment due to a no-cause eviction and had to move to a new residence outside Tigard's boundaries. She became ineligible to serve as a voting member and resigned from the TCAC in July 2018. She meets the eligibility requirements for an Ex Officio member- a non-resident with expertise in affordable housing and community development.This position expires on December 31,2018. Attachment 1 is a Resolution appointing the candidates. Attachment 2 has biographical information on the recommended appointees. OTHER ALTERNATIVES Council could decide to not approve the recommendation. This would leave vacancies on the Town Center Advisory Commission. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION March 6,2018 -Appoint Town Center Advisory Commission Member Attachments Resolution TC AC Biographies CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18 — A RESOLUTION APPOINTING LUCAS BROOK AND CHRIS HAEDINGER AS VOTING MEMBERS OF THE TOWN CENTER ADVISORY COMMISSION AND GLORIA PINZON-MARIN AS A NON-VOTING EX-OFFICIO MEMBER WHEREAS, there currently exists three vacancies for voting members, and up to two non-voting ex officio members of the Town Center Advisory Commission;and WHEREAS, the Mayor's Appointment Advisory Committee recommended that Council appoint Chris Haedinger as a voting member;and WHEREAS, Lucas Brook, currently a non-voting alternate, has expressed interest in being appointed to a vacant voting position;and WHEREAS,Gloria Pinzon-Marin recently became ineligible to serve as a voting member,but is eligible to serve as an ex officio member: a non-resident with expertise in affordable housing and community development. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Chris Haedinger is appointed as a voting member to fill a term that expires December 31, 2020. SECTION 2: Lucas Brook is appointed as a voting member to fill a term that expires December 31,2019. • SECTION 3: Gloria Pinzon-Marin is appointed as a non-voting ex-officio member to fill a term that will expire December 31,2018. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard ATIEST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 TOWN CENTER ADVISORY COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On August 14,2018, the Tigard City Council will consider a Resolution to appoint Lucas Brook and Chris Haedinger as voting members and appoint Gloria Pinzon-Marin as a non- voting ex officio member of the Town Center Advisory Commission. Lucas Brook has served on the TCAC as an alternate since January 2018. He works as a Corporate Strategist for Precoa,LLC in the Tigard Triangle. He has volunteered with the Lake Oswego Advisory Board and as a youth volleyball coach. Chris Haedinger owns the Beach Hut Deli on Main Street in Tigard and lives in Portland. He has a background in electrical engineering contracting, and construction consulting. He served in a variety of political party offices and positions in his native Switzerland. Gloria Pinzon-Marin recently moved to Beaverton after living in Tigard for twenty-two years. She served on the TCAC since January 2017, and as vice chair since January 2018. She works for the City of Tigard and has an extensive background in affordable housing and community development,including volunteering for the non-profits Momentum Alliance and the Community Affiance of Tenants, and serving on the Southwest Equitable. Development Strategy (SWEDS) Project Oversight Committee. AIS-3545 5. Business Meeting Meeting Date: 08/14/2018 Length (in minutes): 5 Minutes Agenda Title: Local Contract Review Board- Consider Award of Mobile Data Computers Contract Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board authorize a purchase of mobile data computers for the Police Department from CDW-G? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board authorize the purchase of mobile data computers for the Police Department from CDW-G under a permissive cooperative purchase and authroize the City Manager to take the necessary steps to execute the purchase. KEY FACTS AND INFORMATION SUMMARY The Police Department seeks to purchase new mobile data computers (MDCs),which are computers issued to all patrol officers and supervisors to access the WCCCA computer-aided dispatch program,assigns officers to emergency and non-emergency calls,and to access the police records system. MDCs are also the officers' primary computers providing access to other statewide,regional,and local databases as well as productivity software (all of which are required to meet Federal and State security requirements in order to protect sensitive data). The current MDCs were acquired in September 2014 and are now near the end of their useful lives. The rate of repair and technical problems have increased during the last year,which impacts officers'productivity and increases workload for the city's Information Services division. Repairs for MDCs are currently covered under extended warranty,which expires in September 2018. At that time,repair costs may start to exceed replacement costs. In anticipation of the needed upgrade and replacement,the Police Department has been working with the Information Services division and officers to review potential options. Staff has evaluated technological specifications and user preferences by gathering information via vendor presentations,product demonstrations, consulting with other jurisdictions and online research. Based on this research, the replacement product is the semi-rugged Panasonic Toughbook laptop CF-54s (quantity 53) for patrol and designated supervisors,and Panasonic Toughbook laptop CF-33s (quantity 4) for the Traffic Unit (motorcycles). The CF-33s are fully ruggedized,able to withstand the weather better,and slightly smaller making them easier to carry in the motorcycle side bag. The Panasonic Toughbooks are available to the city through the use of the permissive cooperative purchasing process under a State of Oregon Price Agreement. Under Tigard's Public Contracting Rules and Oregon Revised Statute 279A.215, the city may purchase against this state contract without conducting its own full Request for Proposal process. CDW-G is the company that holds the state contract for the Panasonic Toughbooks (Price Agreement#5603) and,as such,they would receive the city's purchase order for the hardware. The purchase price for the Toughbooks and related equpment will be$258,580. Included in this cost are five-year extended warranties for the laptops, the necessary patrol vehicle mounts,and desk docks and power supplies. OTHER ALTERNATIVES The Local Contract Review Board may reject this purchase and direct staff to conduct a full Request for Proposal for computers. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this potential purchase. Fiscal Impact Cost: $258,580 Budgeted (yes or no): Yes Where budgeted?: General Fund Additional Fiscal Notes: The total cost to purchase the MDCs is $258,580.The Police Department currently has $100,000 allocated in the FY 2019 budget specifically for this purpose.The balance of the funding,$158,580,will come from known Police Department salary savings (due to recent staff resignations and retirements). Attachments No files)attached AIS-3546 6. Business Meeting Meeting Date: 08/14/2018 Length (in minutes): 5 Minutes Agenda Title: Local Contrct Review Board-Consider Purchase of Police Vehicles Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board authorize the purchase of five new police vehicles from Northside Ford? STAFF RECOMMENDATION I ACTION REQUEST Staff recommends the Local Contract Review Board authorize the purchase of five new police vehicles from Northside Ford for a total of$163,649 and authorize the City Manager to take the necessary steps to execute the purchase. KEY FACTS AND INFORMATION SUMMARY Each year,the Police Department(PD) reviews its vehicle inventory with the Fleet Division (Fleet). In order to maintain vehicles efficiently and economically, each vehicle type is evaluated for the potential replacement based on a set of criteria: mileage,age of vehicle and maintenance costs from purchase to date. For police vehicles,the criteria are: •Patrol Vehicles -75,000 miles and four years of service •Investigations Vehicles-75,000 miles and six years of service •Operating and maintenance costs In collaboration with Fleet over the past several budget cycles,the PD has been working to standardize the patrol fleet by shifting entirely to Ford Explorers. There are economies of scale in terms of initial outfitting,as well as ongoing operations and maintenance by shifting to a more uniform patrol fleet. The Ford Explorer has worked well in this capacity as it allows officers to navigate more safely in all types of weather and it has greater space for firearms and other police equipment. Getting in and out of the Explorers is also much easier for officers thus reduces lower back injuries and increases officer safety. As part of the Police Department's FY 2019 Adopted budget, funding was authorized to purchase six (6) vehicles in total. This request is to purchase five (5) of these vehicles: •Three (3) 2019 Police Interceptor Utility Ford Explorers which will replace three (3) 2011 Dodge Chargers and one(1) 2013 Ford Explorer Police Interceptor Utility—the new vehicles will be assigned to Patrol,and •Two (2) 2019 civilian model Ford Explorer XLTs.They will be assigned to the Services Division. These vehicles will replace one (1) 2007 Ford 500 SEL and one (1) 2007 Chevy Uplander. The PD's overall vehicle inventory will be reduced by one (1)vehicle over all this fiscal year—seven (7) vehicles will be removed and six (6) will be purchased. In addition to the Ford Explorers listed above,the PD will purchase one (1) non-Ford vehicle for investigations purposes at a later date in a separate process. This vehicle will replace one (1) 2007 Chevy Impala. As with the majority of the vehicles in the city's fleet,the Ford Explorers will be purchased through an existing State of Oregon contract with Northside Ford (contract#5549) that is open to a permissive cooperative purchases as authorized under Tigard Public Contracting Rule 10.085 and Oregon Revised Statute 279A.215 . This manner of purchase assures the city receives the competitive pricing via bulk volume and saves the city the cost and time of preparing a formal solicitation that would likely lead to higher pricing. OTHER ALTERNATIVES The Local Contract Review Board may reject this purchase and direct staff to conduct a Request for Proposal process. This would possibly lead to higher costs and delayed delivery of the vehicles. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this purchase request. Fiscal Impact Cost: $163,649 Budgeted (yes or no): Yes Where budgeted?: General Fund Additional Fiscal Notes: The estimated cost of the five (5) vehicles to be purchased from Northside Ford is $163,649.16: three (3) Police Interceptor Utility Ford Explorers ($31,983.32/each) and two (2) civilian model Ford Explorers XLTs ($33,849.60/each). Funding for these vehicles exists within the Police Department's FY 2019 budget. Attachments No file(s)attached AIS-3553 7. Business Meeting Meeting Date: 08/14/2018 Length (in minutes): 5 Minutes Agenda Title: Local Contract Review Board-Consider Purchase of Hydro-Cleaning Vehicle Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board authorize the purchase of a Vactor hydro-cleaning vehicle from Owen Equipment? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board authorize the purchase of a Vactor Hydro-Cleaning vehicle from Owen Equipment for$477,578 and authorize the City Manager to take the steps necessary to execute the purchase. KEY FACTS AND INFORMATION SUMMARY The Sanitary and Stormwater divisions are requesting the purchase of a replacement hydro-cleaning vehicle (#09-034),which was purchased 2009 and been in service since.This piece of heavy rolling equipment is 10 years old and very near the end of its useful service life. Since 2009,divisions have invested$105,000 on operational maintenance needs for this vehicle;$55,000 expended over the last 4 years. Older equipment with periodic "downtime" due to increased maintenance reduces productivity and customer service. This vehicle is used to meet Clean Water Services (CWS) and Oregon Department of Environmental Quality (ODEQ) pipeline cleaning mandates,and supports activities that enhance customer service to our residents. The city generally replaces critical vehicles such as the Hydro-cleaning vehicle every 10 years. This ensures that maintenance costs do not escalate beyond the depreciated value of the equipment,and that the department can meet sanitary and stormwater pipeline cleaning requirements for public health and safety. In researching a suitable replacement, staff determined that a Vactor 2100i Plus best meets the city's needs. Under the city's membership with the Sourcewell,a cooperative purchasing body(formally the National Joint Powers Alliance (NJPA)),the city is able to make a purchase of such vehicle from Owen Equipment through the use of a permissive cooperative procurement contract. Under both Tigard Public Contracting Rule 10.085 and Oregon Revised Statute 279A.215,the city is eligible for permissive cooperative procurements. This form of procurement allows the city to recognize bulk-pricing discounts while eliminating the need of a formal request for proposal. The price to Tigard for the vehicle is $477,578. If the Local Contract Review Board approves this purchase,a purchase order incorporating any terms required under the Sourcewell agreement will be issued for the Vactor hydro-cleaning vehicle. OTHER ALTERNATIVES The Local Contract Review Board may reject this request and direct staff to conduct a request for proposal process for the purchase. The Local Contract Review Board may reject this request and direct staff to stretch the life of the current hydro-cleaning vehicle. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this potential purchase. Fiscal Impact Cost: $477,578 Budgeted (yes or no): Yes Where budgeted?: Sanitary Sewer and Stormwater Funds Additional Fiscal Notes: The Sanitary Sewer and Stormwater Funds each have$245,000 budgeted in their operational divisions ($490,000 total) for this vehicle in FY 2019,which is sufficient for this purchase. Attachments No file(s)attached. SUPPLEMENTAL PACKET FOR At4 . I `"/ Q o I I City of Tigard (DATE OF MEETING) op TtGARD Memorandum To: Honorable Mayor and City Council From: John Goodrich, Public Works Utility Manager Re: Combination Hydro Cleaner Truck Display Date: August 7, 2018 The August 14,2018, council agenda contains an item related to consideration by the Local Contract Review Board (LCRB) to authorize the purchase of a hydro-cleaning vehicle. The Public Works Department is requesting this purchase as a replacement for hydro-cleaning vehicle 09-034. Purchased in 2009,this hydro-cleaning vehicle has provided 9 years of service to Sanitary and Storm Water divisions. The vehicle carries 1,200 gallons of water to perform high-pressure jetting to clean sanitary and storm water pipe,and a vacuum suction system to remove debris accumulated during cleaning from manholes,transferring this to a 10 cubic yard waste tank,and then transporting sludge and material for proper disposal. If approved by the LCRB, 09-034 will retire from hydro-cleaning activities,and transfer to the Water Division for many more years of useful service to the department as a hydro-excavator truck. This is the largest vehicle in the city fleet,and represents a significant business purchase and operating cost to maintain city sanitary sewer and storm water systems. As this is an unusual item, the department is arranging to park the hydro-cleaning vehicle in front of City Hall on Tuesday, August 14 from 4:30 p.m. to 6:30 p.m. We will have staff on hand to answer any questions that visitors may have regarding the vehicle and maintenance activities. Cc: M. Wine;E. Zimmerman;B. Rager AIS-3541 8. Business Meeting Meeting Date: 08/14/2018 Length (in minutes): 10 Minutes Agenda Title: Quasi Judicial Public Hearing: Lewis Annexation (ZCA2018-00002) Prepared For: Lina Smith, Community Development Submitted By: Lina Smith, Community Development Item Type: Meeting Type: Council Business Meeting -Main Public Hearing: Publication Date: Information ISSUE Consider adoption of an ordinance to annex a 0.47-acre property located at 13990 SW Fern Street(WCTM 2S104BD,Tax Lot 9300) into the City of Tigard.The property owners request to annex in order to connect to city sewer. STAFF RECOMMENDATION /ACTION REQUEST Planning Commission recommends City Council approve the proposed Lewis Annexation (ZCA2018-00002) by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY The 0.47-acre site (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 135th Avenue.According to the Washington County Assessment and Taxation report,the property was developed with a detached, single-family dwelling in 1974. The subject property and the adjacent property (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) make up an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction.As defined by Washington County Land Use Districts,the subject property is R-6 (Residential, 5 units/acre minimum density, 6 units/acre maximum density). Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. On July 16,2018,the Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00002). No public testimony was received.After a brief deliberation the Planning Commission unanimously recommended approval of this annexation to City Council. OTHER ALTERNATIVES Adopt findings to deny the application. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Council Goal 6:Annex territory into the City of Tigard,and prioritize annexation of islands. DATES OF PREVIOUS COUNCIL CONSIDERATION April 25,2017 Attachments PowerPoint Ordinance Exhibit A Exhibit B Exhibit C CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done w TIGARD Lewis Annexation ZCA2O18-00002 Presented to Tigard City Council f August 14,2018 I I ( ) l I 1 ( i \ 1Z l ) C-C oP lojy R-25 (PD) 4 R-4.5 Zoning Map D `\Q0d !, NORTHV IEW DR y Ei R-25 Generalized Zoning Categories R-12 ti �� , ��/ /i%i R-12(PD) ,. I - I,. �BENISH ST J ///X%'146, �/_ 1, a Zoning Dcsrxionop rj ,41,/,/,,,/,./T7 . r I. ,�. W MARCIA DR w = Residential x Mixed Use Residential 1--,.mai t•.••.� ? ' 4 a. dy /Z I • . ...,, cP .,Commercial 'p W LNUT LN a l r EMixediac z, R-7 ? ¢ ii _ R-7 = WALNUT LN K ■ • m i ,r- II1'riaogle Mixed Use (PD) u m 1 1 •a'' Q .'�+. 'Mixed Use Employment • ,,VKAR�` : �, _I I- R-25 Industrial ROSY,CT i 111 • •I Q. I _- _. j Parks and Retireation 1 ■ I •FE 1^ 1 x I I MC' WNTY" I z ■ ,-, 1 R-7 — .-- ._ ; Ovcrlav Loma•ci 1 ■ • j a m Ilistoric Didrict Overlay ■z . I I. a 1 : � — L'Lumed Development Overla, IN 1 1 1 1 ' I I c •...: .• • PR ' � 1 ! !�� SukjrctSid R-7 (PD) 1 . y• - . � I MITCHEL(. ; 1 — I i.. NAR LEY C 1' ; ; 'L I I- R-4�., cc I Nap anmea et.DU NM on Vi,nn-,■ 0 LAURLN LN r R-4.5- •.,-..._�_,: ,�••.-�;.;c�....-•._ .:;WHITEy1 :m m . aPR 4! K �a R-7 (P ) 9, , ; rp. m ZA W O O MICHELLE C7 0 COMMUMTY OFVFlOPMFHTOFPMTMrNT H \ •2C../‘'. c 13isvpaoa O[ � TlGgqpMp5 r .o ■r23 F•■ cc 334 n WWIIegrcl-cmpv ce CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- AN ORDINANCE ANNEXING ONE (1)PARCEL OF LAND TOTALING APPROXIMATELY 0.47 ACRES, APPROVING THE LEWIS ANNEXATION (ZCA2018-00002), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125,and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard Planning Commission held a public hearing on July 16, 2018, and Tigard City Council held a public hearing on August 14,2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S104BD,Tax Lot 9300, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2)public hearings on the issue of annexation into the City on July 16,2018 and August 14,2018;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation, or.to the City designations which are the most similar; and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09,and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 18- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A" and"B",and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00002) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including a certified copy of this ordinance with Metro for administrative processing, filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. In accordance with ORS 222.180, the annexation shall be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only,this day of ,2018. Carol A. Krager, City Recorder APPROVED: By Tigard City Council this day of , 2018. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 18- Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—LEWIS PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4,Township 2 South,Range 1 West of the Willamette Meridian;being a portion of that property conveyed by Book 1099 Page 991, Washington County Deed Records; also,being a portion of Lot 24,Handy Acres, in Washington County, Oregon; and being more particularly described as follows: Beginning at a point on the south right-of-way line of S.W. Fern Street,a 50-foot wide roadway, said point bears North 65°55'59" West 50.00 feet from the northeast corner of said Lot 24; thence parallel with the east line of said Lot 24 and along the west line of that tract of land conveyed by Document No. 2017-066363, Washington County Deed Records, South 0216'21" West a distance of 147.76 feet to the south line of said property conveyed by Book 1099 Page 991, Washington County Deed Records; thence along said south line,North 87°43'39" West a distance of 120.87 feet,more or less,to the east line of that property conveyed by Document No. 2018-013522,Washington County Deed Records; thence, along said east line on a non-tangent curve with a 125-foot radius, to the left,through a central angle of 07°04'04" (chord bears North 05°48'23"East a distance of 15.41 feet), an arc length of 15.42 feet; thence North 02°16'21"East a distance of 143.41 feet,to a point of curvature; thence,along a 25.00-foot radius curve to the right,through a central angle of 111°47'40"(chord bears North 58°10'11"East a distance of 41.40 feet), an arc length of 48.78 feet to said south right-of-way line of S.W. Fern Street; thence along said right-of-way South 65°55'59"East a distance of 92.23 feet more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. Area includes 0.465 acres,more or less. REGISTERED PROFESSIONAL D SURVEYAR EGON JULY� 1990 GARY R. ANDERSON 2434 RENEWS: 1V-2,11 6 R=25.00' (Ni S 01'0 •it '� � 0 30' 60' A=111'47'40" 6sSS `£� S he 1--1—I L=48.78' sg. T SCALE:1'1=60' CH.=41.40 £ 9,223, N58'10'11"E POINT OF N65'55159"W 50.00' BEGINNING "co N t . — ---- LOT 23 w BOOK 1099 •4- HANDY ACRES Ri PAGE 991 DOCUMENT NO. ca 2018-013522 N N 0 io Z .- 0 TRACT F (n HILLSHIRE R=125.00' t WOODS A=--7'04'04" L=15.42' N87'43'391'W 120.87' CH.=15.41' N05'48'23"E f LOT 24 HANDY ACRES I DOCUMENT NO. 2017-066363 LEWIS PROPERTY - EXHIBIT B ®ATE 7/10/2018 WESTLAKE ORAVM BY CM Pd CONSULTANTS we LOCATED IN THE NORTHWEST 1/4 OF SECTION 4 CNECKEO BY TOWNSHIP 2 S., RANGE 1 W., W.M. GRA ENGINEERING • SURVEYING • PLANNING WASHINGTON COUNTY, OREGON REVISION O PACIFIC CORPORATE CANTER JOB NO. 15115 S.A. SEQUOIAITE PARKWAY, SU150 (503) 884-0652 0330-020 TIGARD, OREGON 87224 FAX (503) 624-0157 + EXHIBIT C Hearing Date:August 14,2018 Time: 7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL ' FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: LEWIS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2018-00002 APPLICANTS/ John and Elizabeth A. Lewis OWNERS 13990 SW Fern Street Tigard, OR 97223 PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13990 SW Fern Street,into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300 COUNTY ZONE: R-6: Residential, 5 units/acre minimum density,6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate attached single-family homes,detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet.Mobile home parks are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and CRITERIA: Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2018-00002) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2018-00002 to City Council. LEWIS ANNEXATION PAGE 1 OF 11 ZCA2018-00002 SECTION III. BACKGROUND INFORMATION The 0.47-acre site (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 135th Avenue. According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974.The subject property and the adjacent property(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. As defined by Washington County Land Use Districts, the subject property is R-6 (Residential,5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation, the subject property will be zoned R-7 (Medium-Density Residential), under City of Tigard designations. On July 16, 2018, Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00002). No public testimony was received. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1;Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: ORS Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (on July 16,2018),and one before City Council (on August 14,2018). City staff followed public noticing requirements, in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09, and ORS Chapter 222. City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16,2018 public hearing before the Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial annexations shall be decided by the city council with a recommendation by planning commission. This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified LEWIS ANNEXATION PAGE 2 OF 11 ZCA2018-00002 Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval Criteria. The approval authority shall approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to, and do not supersede, applicable requirements of ORS Chapters 197,198,221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection (B) shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on June 11, 2018. Public hearings for deliberations on this proposed boundary change were scheduled before Planning Commission (on July 16,2018) and before City Council (on August 14, 2018). City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall, Tigard Permit Center,Tigard Public Library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process, the city shall: LEWIS ANNEXATION PAGE 3 OF 11 ZC A2018-00002 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation property, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore,this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site,and Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; The City of Tigard Public Facility Plan was adopted in 1991,in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rules Chapter 660,Division 25.As addressed under Comprehensive Plan,Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan.The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. LFWIS ANNEXATION PAGE 4 OF 11 ZCA2018-00002 f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore,this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office;and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and TVF&R will continue to provide fire protection and emergency medical services to the site. The proposed annexation will not adversely impact levels of service within the City of Tigard. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB. Therefore, this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was made available to the public on June 28, 2018, more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation area will remain within Washington County, but will be withdrawn from the 'Washington County Enhanced Sheriff's Patrol District, and the Washington County Urban Road Maintenance District upon completion of this annexation request. LEWIS ANNEXATION PAGE 5 OF 11 ZC A2018-00002 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on August 14, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00002, the effective date of this annexation will be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as outlined in ORS 222.180. C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.2. The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help to promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation.In the case of land that carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application or after the annexation has been approved. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Districts/Plan Designation City of Tigard Zoning Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre LEWIS ANNEXATION PAGE 6 OF 11 ZC A2018-00002 CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations.As outlined in the table above, the assignment of city designations for the subject property will be based on these conversions, and shall occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public library,and at the subject site); city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018) prior to the July 16,2018 public hearing before the Planning Commission. Additionally, this staff report was made available to the public on June 28, 2018, more than 15 days prior to the public hearing before Planning Commission. Goa111: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. Staff interprets the phrase"all public facilities and services are available to the proposed annexation area" to mean the services and facilities are currently available and adjacent to the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity and can be made available to the proposed annexation area through an extension.Therefore,staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site,as detailed in the findings below. Stormwater—City of Tigard Public Works Department.The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Water — City of Tigard Public Works Department. The property is located within the Tigard Water Service Area. The subject site is currently served by an existing water main along SW Fern Street. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard Public Works Department.The applicant proposes to annex the subject property in order to connect to City of Tigard sewer.This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sanitary infrastructure either currently exists adjacent to the proposed LEWIS ANNEXATION PAGE 7 OF 11 ZCA2018-00002 annexation area, or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Police—City of Tigard Police Department.The Washington County Sheriffs Office currently provides police services to the subject property. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriffs Patrol District, and the City of Tigard Police Department will provide public safety services to the site.The City of Tigard Police Department reviewed the applicant's proposal,and had no objections. Fire — Tualatin Valley Fire and Rescue. The subject property is located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request.TVF&R reviewed the applicant's proposal, and had no objections. Parks—City of Tigard Public Works Department.The applicant proposes to annex a 0.47-acre property into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets — City of Tigard Engineering Division. The subject property directly fronts SW Fern Street, which is currently under the city's jurisdiction, and is dassified as a neighborhood route, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District.The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure either currently exists adjacent to the proposed annexation area,or can be made available to the subject site. The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. The applicant proposes to annex the subject property in order to connect to City of Tigard sewer. This is consistent with the policy outlined above. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Goal 12:To provide and encourage a safe,convenient,and economic transportation system. The subject property directly fronts SW Fern Street,which is currently under the city's jurisdiction, and is classified as a neighborhood route, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. LEWIS ANNEXATION PAGE 8 OF 11 ZCA2018-00002 Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation property, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services; and As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report, staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area; or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject property (13990 SW Fern Street;WCTM 2S104BD, Tax Lot 9300) and the adjacent property (13992 SW Fern Street; WCTM 2S104BD,Tax Lot 9400) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Annexation of Tax Lots 9300 and 9400 will enable public services to be efficiently and effectively extended to these properties.Accordingly,the City of Tigard has also submitted an application for the delayed annexation of Tax Lot 9400 (Case No.ZCA2018- 00003).The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated"island," which is consistent with the policy outlined above. OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes; Mergers; Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the LEWIS ANNEXATION PAGE 9 OF 11 ZCA2018-00002 territory proposed for annexation and,except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing; ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city,the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. This application to annex the subject property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) was submitted by the property owners. Additionally, the City of Tigard Charter does not expressly require the city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. Therefore,an election is not required for this annexation application.However,the city is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (on July 16, 2018) and before City Council (on August 14, 2018). City staff published, posted, and mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on June 25,2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing notices were mailed to all interested parties, and neighboring property owners within 500 feet of the subject site on June 25, 2018. SECTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of the applicant's proposal, and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25,2018. As of July 30,2018, no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated July 16,2018 LEWIS ANNEXATION PAGE 10 OF 11 ZCA2018-00002 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. -'-� July 30;2018 PREPARED BY: Lina Smith Assistant Planner July 30. 2018 APPROVED BY: Tom McGuire Assistant Community Development Director LEWIS ANNEXATION PAGE 11 OF 11 ZCA2018-00002 C-C 1 r A. vivi o R-25�(PD) R-4.5 I`�'jI '. , Attachment 1: Zoning Map '.---- - Fr- �� ��1 A. �� �P�/����� ._R HYD�R i��, /� � - l�S , . I dor 0 , ��/�� v� R-25 Generalized Zoning Categories ��Qt' . /' ' '' fro)�rrirl / r. �./ V - HST ' 'i. �i jr6 s' ANS -4 /� —{<� Zoning Description 1�/�Ij�� //J'I 41.".../A-04**- �y� ' /MA/%R/C�IA DR ry I ,� �,�A I // 9��/`41. /�IIL �;"�4i I I� ���. I 1-1 — Residential Z, =, —1�� Mixed Use Residential O� 1:11.' W LNUT_LN I i.14411: Ill I I \‘'..---- ,\\,, \ Commercial is Z%R-7 W� F,�-R=7 _( WALNUT LN \ • • ■Mixed Use �� ' I I hI>L 1 I Im v I (Triangle Mixed Use { �Ij J "" j (� ) $Mixed Use Employment R 2- 1 __ p yment I� L�__ I —, �_ R- 5 Industrial -1---1-----..... \ , PROSY TCT I I 1-. .)\ �,'- t�j0 1� I p itt -I,„4 0 1 . 1I I1 L J J �rI1V-7 _ I �` --Ju,! — Overlay Zones Ii71 , I �7 � �jj (, ��n �iI 1— X�Historic District Overlay Iv� N I C Planned Development Overlay IQ/% err/ § 11 : Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes,July 16,2018 Location:Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Agnes Lindor, Associate Planner; Lina Smith,Assistant Planner, Schuyler Warren, Associate Planner, Susan Shanks, Senior Planner;Principal Engineer Khoi Le COMMUNICATIONS—President Fitzgerald had attended the housing options open house. She was pleased with the input. CONSIDER MINUTES May 21, 2018 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the May 21 minutes;there being none,President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING OPENED LEWIS ANNEXATION - ZCA2018-00002 DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land, located at 13990 SW Fern Street,into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street July 16, 2018 Page 1 of 9 QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President Feeney. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1,Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00002 to City Council. APPLICANT PRESENTATION —Unable to attend. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00002 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE - All in favor—none opposed July 16, 2018 Page 2 of 9 RESULT - Motion for approval passes unanimously (9-0) PUBLIC HEARING OPENED CHASE ANNEXATION - ZCA2018-00003 DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street. The 2.38-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: none. Ex-parte contacts: none. Site visitations: Commissioner Feeney. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit B). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00003) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1,Policy 4; Goal 11.3,Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00003 to City Council. APPLICANT PRESENTATION—the City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION July 16,2018 Page 3 of 9 After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00003 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE -All in favor—none opposed. RESULT - Motion for approval passes unanimously. (9 —0) PUBLIC HEARING OPENED TRILLIUM HILL SUBDIVISION ZONE CHANGE ZON2018-00002; SUB2018-00003 DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision, located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace),which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109th Avenue QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: none. Ex-parte contacts: none. Site visitations: Commissioners Lieuallen,Jackson, Fitzgerald, Feeney, Roberts, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports are available on-line one week before each hearing) and a PowerPoint (Exhibit C) regarding the proposal below: • Rezone request • Change from R-3.5 to R-4.5 • Both in Low Density Residential Comprehensive Plan Designation • Subdivision • 14 lots • Extension of SW Lady Marion Drive west to SW 109th Avenue • Private street from SW Marion Drive July 16, 2018 Page 4 of 9 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed zone change and subdivision based on the findings contained in the staff report and the applicant's materials. QUESTIONS Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City requirement? It is a requirement by the City. Are you saying we cannot approve the zone change without approving the subdivision? They are applying for it together - concurrently. So to be clear,I cannot turn down the subdivision and approve the zone change? Yes. APPLICANT'S PRESENTATION Wayne Hayson,Planning Manager with Pioneer Design Group,was there representing the applicant, Paceline Holdings,LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had covered most of his points already so he would keep this brief and expand upon some of the points. He noted that R-3.5 &R-4.5 are both low density residential, so they don't change the Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision, he believes the lots are an appropriate transition. The density would increase by just 3 units, which is not a significant increase—it's an increase of less than 30 average daily trips across that side. Lady Marion will be extended to SW 109th as required and a half-street improvement will be provided along the SW 109th Ave. frontage. The private street located in Tract A will have a 26'wide paved surface to provide parking on one side and includes a turnaround,which meets TVF&R specifications. There will be no need for people to wheel their garbage cans out to a main street. There will be no problem with garbage collection on that street because of the parking being on just the one side and how the street was designed. All required public utilities are available to the site. He addressed some of the neighborhood concerns— such as speeding, no parking areas,illegal passing, etc. Unfortunately, these concerns cannot be controlled by the review of this application;however, he said, 'We will obviously comply with the necessary signage that is determined by City engineering staff through the review." TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION Dorothy Gadas—16463 SW 103 Ave.,Tigard—does not want people to bulldoze the hillside. She noted there is a vast area of trees and forestry and she is against changing the area. She would like to know how the erosion with soil,wind, and incredibly dry weather will affect the hillside; she doesn't believe that was addressed. She objects to this residential community being built just for another bit of money for the city when they're putting forty-nine homeowners lives at risk because the steep hill is not going to maintain what is proposed. July 16,2018 Page 5 of 9 Allan Rumbaugh 10500 SW Naeve St. Tigard—said he did not receive public notice. He believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is concerned about street traffic and traffic calming. He said he had sent a letter of comment that went into more detail. He's mainly concerned about safety on the street;he does not want Lady Marion extended, and believes this should simply be a 14 lot cul-de-sac. Lynn Walker,14970 SW 109th Tigard—doesn't want Lady Marion extended. She is concerned about signage,lack of stripes... safety. She already has a hard time getting out of her driveway due to traffic and bad visibility. She doesn't believe Tigard has done enough studies. She would like to see a 4-way stop at Murdock and 109th; she would like to see speed bumps and would like to see a traffic officer there monitoring the traffic going through. She said people speed through there all the time. She is against the commission doing the zoning and subdivision together. She would rather see them do the zoning first and the subdivision second. She thinks the residents already there should be taken into consideration. She believes this is rushed—originally, this was going to be eight houses—and now it's fourteen. She believes there are safety improvements that should be taken into consideration before rezoning. Kayla Carruth, 10555 SW Lady Marion—is concerned about the extension of Lady Marion. She believes her street will become like a freeway with this change and wants this to be reconsidered. Her street already has a lot of traffic and now it will be worse. She would like that to be considered. Bill Anderson,10499 SW Naeve Street,Tigard—agrees with all the previous testimony. He moved to the area because of the livability of the area. For safety and traffic reasons, he's very concerned about Lady Marion going through. STAFF RESPONSE Tigard's principal engineer Khoi Le said he wants to direct the Commission back to the Code Requirement regarding street connections. Lady Marion Drive has the capacity to handle additional traffic and the engineering department does not see a problem or have any issues with the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside. There wasn't a sensitive lands required because the slopes are less than 25%in grade; however, a building permit through the building code requirements - if there's a geotech required for the foundations and how the houses are built—will be required at that time. As far as tree removal— the current code does provide incentives for developers to preserve trees;however,it's not a requirement—it's an option that they can utilise. As for noticing requirements—the code requires that properties within 500' of the site be sent notices, so if you are outside of that you will not receive a mailed notice. APPLICANT REBUTTAL Wayne Hayson regarding the notice area—said the state law's minimum noticing area is actually just 300', and Tigard's 500'noticing area exceeds that standard. He said, "I believe the applicant complied with Tigard's requirement and we have a written affidavit confirming the mailing. July 16, 2018 Page 6 of 9 Regarding connectivity—We are subject to the standards of approval or the requirements for approval that were in effect on the day that we submitted our land use application. On that day the City code clearly stated that all local neighborhood routes and collector streets which abut a development shall be extended unless any of the three exceptions are present, that is environmental or topographical constraints, existing development,patents or strict adherence to other standards in this code. We've been through the process and this is not a sensitive area, topography is not an issue; there's nothing preventing a street going through. A cul-de-sac is not an option in this case—anything else would be changing the goal post in this application. We are required to put that street through. As for circulation, there's always a consequence to circulation and to putting a street through in this fashion. One of those consequences for people living on Kable is that they will see a decrease in traffic. People who are cutting through Naeve down to Kable will now likely take Lady Marion. People on that street will see more traffic, but other streets in the area will see a decrease in traffic. And that's the point of connectivity—it's to allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is an interim situation and I believe it is appropriate for it to go through. Everybody would like to live on a dead end street if they had the ability to do so. Regarding a traffic study—at 14 lots it's not considered a significant enough development to warrant additional transportation studies and part of that is because when you're getting a stub street it's anticipated that it is going through unless there are physical constraints to prevent it from doing so. A geotechnical report is not required at this time. We will be required to do that geotechnical report before we submit for site development for grading permits and for building permits for the homes." QUESTIONS President Fitzgerald asked Assistant Community Development Director Tom McGuire to clarify whether the Commission is actually making the decision, or just recommending to Council. Tom answered that this is a Type III procedure,which means they are making the decision;however, the decision is appealable to City Council before being appealable to LUBA. PUBLIC HEARING CLOSED DELIBERATION REGARDING THE ZONING CHANGE President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change and subdivision or whether to do two separate motions—understanding that if the zoning change does not go through, the subdivision will not be able to go through. She asked each commissioner to weigh in on the zoning change. Commissioner: • Schmidt thinks this is reasonable;he's fine with the zone change. • Roberts likes the consistency and is good with the zone change. • Brook agrees and is also good with the zone change. • Feeney concurs. July 16,2018 Page 7 of 9 • Hu agrees—he cautioned them that if they approve the zone change but not the subdivision, someone else could just run away with it. • Jackson considers the zone change justification to be reasonable. • Lieuallen chose not to comment. • Middaugh—agrees with the zone change—it's consistent with the existing lots that adjoin the site. The consensus was that the commissioners would pass the zone change, so they would like to do one motion to include both the zone change and the subdivision. DELIBERATION OF THE SUBDIVISION President Fitzgerald asked for the commissioner's thoughts on the subdivision: Commissioner: • Middaugh: is in agreement with the subdivision. The intent all along was to extend that road. He agrees with connectivity and overall thinks the plan is well thought out and well designed. He likes that most of the new units will have frontage on Lady Marion and that will fit in well with the existing look of the neighborhood. • Lieuallen thinks the 109th connection is unsafe—he thinks the very top of that hill is high and there will likely be people speeding down that road-it's a steep downhill road—he doesn't like the connection and thinks it's dangerous. As for the density—he thinks the developers could do some traffic calming. • Jackson—regarding traffic, the only homes on Lady Marion that would see less traffic are the ones on the corner. He's disappointed that the sidewalk is not going through. All in all, he thinks the proposal meets code requirements. • Hu is sympathetic to the neighbors' concerns, but the property owners have the right to develop their property in this way. He will vote for the subdivision. • Feeney—Connectivity is required and this extended street meets the criteria. • Brook—doesn't see the draw for so much additional traffic. She thinks the design very clearly considered the options. She will vote yes. • Roberts—this is as good a plan as we'll likely get on this property. He understands the concern about traffic—enforcement and calming is on his mind - but this meets the code. • Schmidt—agrees with the statements in favor of the proposal as planned. He believes the plan meets the code requirements, and he can't find a reason to deny it. • President Fitzgerald agrees that this meets the code. She asked if anyone would like to make a motion. MOTION Commissioner Middaugh made the following motion: "I move for approval of application ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of approval contained in the staff report and based on testimony received tonight." The motion was seconded by Commissioner Feeney. July 16,2018 Page 8 of 9 VOTE A vote was taken on the motion to approve. RESULT The motion to approve the application passed 8 — 1;with Commissioner Lieuallen voting nay. BRIEFING PHASE II CODE AMENDMENT PROJECT — Housing Policy & Omnibus Changes PHASE III CODE AMENDMENT PROJECT —Apartment and Commercial Standards I Land Use Updates Associate Planner Schuyler Warren had sent a memo to the commissioners earlier in the week (Exhibit E) which gave a good introduction to his Phase II Code Amendment Project briefing this evening. He went over those points and a PowerPoint (Exhibit F) and took questions at the end and during his talk. Senior Planner Susan Shanks came up to speak about Phase III. She had also sent a briefing memo out to the commissioners (Exhibit G) and spoke to the commissioners about Phase III, and took questions during and at the end of the briefing. OTHER BUSINESS—None. ADJOURNMENT President Fitzgerald adjourned the meeting at 10:15 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Calista Fitzgerald July 16,2018 Page 9 of 9 AGENDA ITEM No. 8 Date: August 14, 2018 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the Tigard City Council on: ORS CHAPTER 222, METRO CODE CHAPTER 3.09, COMMUNITY DEVELOPMENT CODE CHAPTERS 18.710 AND 18.720, AND THE FOLLOWING COMPREHENSIVE PLAN GOALS AND POLICIES; GOAL 1.1; GOAL 11.1; POLICY 4; GOAL 11.3, POLICY 6; GOAL 12; AND GOAL 14.2, POLICY 1-4 (ZCA2018-00002) REQUEST: This proposal is to annex one (1) parcel of land, located at 13990 SW Fern Street, into the City of Tigard. The property owners request to annex in order to connect to city sewer. The 0.47-acre site is an "island" of unincorporated land that is surrounded by land in the City of Tigard jurisdiction LOCATION: 13990 SW Fern Street,Tigard, OR 97223 ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density APPLICABLE REVIEW CRITERIA: The approval standards for annexation are described in Community Development Code Chapters 18.710 and 18.720, Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222. Due to time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 8 Date: August 14, 2018 PLEASE PRINT Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. T t<p►Act.� Y�Z 4 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. Due to time Constraints City Council May Impose a Time Limit on Testimony AIS-3542 9. Business Meeting Meeting Date: 08/14/2018 Length (in minutes): 10 Minutes Agenda Title: Quasi Judicial Public Hearing- Chase Annexation (ZCA2018-00003) Prepared For: Lina Smith,Community Development Submitted By: Lina Smith,Community Development Item Type: Public Hearing-Quasi Judicial Meeting Type: Council Business Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE Consider adoption of an ordinance to annex a 2.38-acre property,located at 13992 SW Fern Street(WCTM 2S104BD,Tax Lot 9400),into the City of Tigard.This property is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. STAFF RECOMMENDATION / ACTION REQUEST Planning Commission recommends City Council approve the proposed Chase Annexation (ZCA2018-00003) by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY The 2.38-acre site (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 135th Avenue.According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974. As defined by Washington County Land Use Districts,the subject property is R-6 (Residential, 5 units/acre minimum density, 6 units/acre maximum density). Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. The subject property and the adjacent property(13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15,and 2017-17).This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. On July 16,2018, the Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00003). No public testimony was received. After a brief deliberation the Planning Commission unanimously recommended approval of this annexation to City Council. OTHER ALTERNATIVES Adopt findings to deny the application. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Council Goal 6:Annex territory into the City of Tigard,and prioritize annexation of islands. DATES OF PREVIOUS COUNCIL CONSIDERATION April 25,2017 • Attachments PowerPoint Ordinance Exhibit A Exhibit B Exhibit C CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done I ' iiii TIGARD; Chase Annexation ZCA2O18-00003 Presented to Tigard City Council I August 14,2018 CITY OF "I 1 G A R D _- :-.-- -R-25.(PD) „R-4.5 C-C 0_, ""'f Zoning Map �p0..' ., NORTHVIEW DR y P R F, R-25 Generalized Zoning Categories R-12 12 (PD) i8 t:NISH ST r si honing Dcscrintioa u, MARCIA DR w r Residential I- s, > , tl g V' c = Mixed Use Residential ........,-......,_�. .m.—A 6mot.-..•. Z r ¢ 17 (Di LI tl m Commercial IO W LNti LN a__{ 1 _I R-7Tc 1 R-7 _ WALNUT LN Ya. �Mf%Cdisc i it-.+-- I a -- ,_ II triangle M ixed Use (PD) '--1 I r - C lJ. II Mixed l.se Employment I R-25 Industrial 4uKAR, I . u., CT I > . ..Parks imd Recreation / x,WA-CNTY a > - ill 1 R-7 LLI Overlay Lonea 21 III 1 1 Iq_ -< historic District Overlay x I-. '- Planned Development Overlay itli .-, <I i., P RSubject 5jts R-7 (PD) -- MITCHELL I 1 4RARLEY CT R-4.5 R-7 f� yiti 0 �. -.. .. i,. '= u.MIa.OMV1tl1 H.1 OAUlFJu41tl LAUREN LN r, R-4.5 -.,... PR WHlify4! v .. "°.":t' na` '"� .ao2a .Mx z I �° R-7 (PD) 1N �Q a.,-� 0 0. MICHELLE CT .0 COMMUNITY OfVFLOPMFM OFPMTAFNr µ :..+' .. � Q 13841&,` Blvd W C\ 116,01140 Tq.N.OR x773 0 --4c (Z, www-e9ndargw CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2018- AN ORDINANCE ANNEXING ONE (1)PARCEL OF LAND TOTALING APPROXIMATELY 2.38 ACRES, APPROVING THE CHASE ANNEXATION (ZCA2018-00003), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS, the legislative body of the City of Tigard is authorized by ORS 222.750 to annex unincorporated territory surrounded by the City;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard Planning Commission held a public hearing on July 16, 2018, and Tigard City Council held a public hearing on August 14,2018, to consider the annexation of one (1) parcel of land consisting of Washington County Tax Map (WCTM) 2S104BD,Tax Lot 9400, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS,pursuant to Metro 3.09,ORS 222.120 and 222.524,notice was given and the City held two (2)public hearings on the issue of annexation into the City on July 16,2018 and August 14,2018;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District;and WHEREAS, the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation, or to the City designations which are the most similar; and WHEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09,and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 18- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits"A" and"B",and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2018-00003) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing a certified copy of this ordinance with Metro for administrative processing,filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180(2),the annexation shall be effective on September 13, 2021. PASSED: By vote of all Council members present after being read by number and title only, this day of ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of , 2018. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 18- Page 2 EXHIBIT A CITY OF TIGARD ANNEXATION—CHASE PROPERTY LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 4, Township 2 South,Range 1 West of the Willamette Meridian; being that property conveyed by Document No. 2017-066363, Washington County Deed Records; also, being portions of Lots 23 and 24, Handy Acres, in Washington County, Oregon; and being more particularly described as follows: Beginning at the northeast corner of said Lot 24; thence North 65°55'59" West a distance of 50.00 feet to the east line of that tract of land conveyed by Book 1099 Page 991, Washington County Deed Records; thence parallel with the east line of said Lot 24 South 02°16'21"West a distance of 147.76 feet to the south line of last said tract; thence along said south line,North 87°43'39"West a distance of 120.87 feet,more or less,to a point of non-tangent curvature,also being the east line of that property by Document No. 2018- 013522, Washington County Deed Records; thence,along said east line on a non-tangent curve with a 125-foot radius,to the left,through a central angle of 06°57'56"(chord bears South 12°49'23"West a distance of 15.19 feet), an arc length of 15.20 feet; thence South 16°18'21" West a distance of 87.70 feet; thence parallel with the south line of said tract of land conveyed by Book 1099 Page 991,South 87°43'39"East a distance of 21.37 feet to the west line of said Lot 24; thence along said west line,also being the east line of said Lot 23, South 02°16'21"West a distance of 475.54 feet, more or less,to the southwest corner of said Lot 24,also being on the north line of Tract A, Hillshire Woods; thence along the south line of said property, South 88'43'51"East a distance of 170.00 feet to the southeast corner of said Lot 24, also being the southwest corner of Tract E,Hillshire Woods; thence along the west line of Lot 24 and the east line said Tracts E and F,Hillshire Woods,North 02°16'21"East a distance of 701.77 feet,more or less,to the Point of Beginning. Bearings are based upon plat of Hillshire Crest. REGISTERED Area includes 2.408 acres, more or less. PROFESSIONAL SURVEYOR OREGON JULY 25, 1990 GARY R. ANDERSON 2434 RENEWS: 21 • 1 ' 0 50' 100 �_J � , 1-1--1TRACT F TRACT E SCALE:1"=100' HILLSHIRE HILLSHIRE WOODS WOODS ./." N65'55'59"W 50.00' POINT OF BEGINNING 4v N 02'16'21"E 701.77'± Lu No ,,...,7-502.16'21"W 147.76' cp ��� do LOT 24 <c4' HANDY ACRES BOOK 1099 ,,...„----N87"43'39"W 120.87' DOCUMENT NO. .w PAGE 991 2017-066363 � ?S, i� TRACT A 2S HILLSHIRE //; _ S02'16'21"W 475.54' co WOODS 587'43'39"E 21.37' id co S16'18'21"W 87.70' w w LOT 23 � _� � _�' R=1257.00' CCW 0=6 57'56" HANDY ACRES o LY o ; o L=15.20' DOCUMENT NO. -� _' � -' _ CH1519' 2018-013522 = 512'49'23"W F-V=i w 1 ( Oj-I U -�J 2 / CHASE PROPERTY - EXHIBIT B ®ATE DRAMBY 8/9/2018 hI WESTLAKE CAJ CONSULTANTS mc. LOCATED IN THE NORTHWEST 1/4 OF SECTION 4 CHEOCED BY TO NSHIP 2 S., RANGE 1 W., W. M. GRA ENGINEERING • SURVEYING • PLANNING REVISION WASHINGTON COUNTY, OREGON 0 PACIFIC CORPORATE CENTER JOB NO 15115 &YE SEQUOIA PARKWAY, SUITE 150 (503) 884-0852 0330-020 TIGARD, OREGON 97224 FAX (503) 824-0157 EXHIBIT C Hearing Date:August 14,2018 Time: 7:30 P.M. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CHASE ANNEXATION CASE NO: Zone Change Annexation(ZCA) ZCA2018-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 OWNERS: Eric M. and Shelley M. Chase Revocable Living Trust 13992 SW Fern Street Tigard,OR 97223 PROPOSAL: The City of Tigard proposes a delayed annexation for one(1)parcel of land,located at 13992 SW Fern Street.The 2.38-acre site is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction.City Council initiated a policy to annex all of the remaining island properties in 2017.In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400 COUNTY ZONE: R-6:Residential,5 units/acre minimum density,6 units/acre maximum density CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate attached single-family homes,detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet.Mobile home parks are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE The approval standards for annexations are described in Community Development REVIEW Code Chapters 18.710 and 18.720,Comprehensive Plan Goal 1,Goal 11,Goal 12,and CRITERIA: Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. CHASE ANNEXATION PAGE 1 OF 12 ZCA2018-00003 SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission finds that the proposed annexation(ZCA2018-00003) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, Planning Commission recommends APPROVAL of ZCA2018-00003 to City Council. SECTION III. BACKGROUND INFORMATION The 2.38-acre site (13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400) is located on the south side of SW Fern Street;east of SW Ascension Drive,and west of SW 135th Avenue. According to the Washington County Assessment and Taxation report,the property was developed with a detached,single-family dwelling in 1974. As defined by Washington County Land Use Districts, the subject property is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be zoned R-7 (Medium-Density Residential),under City of Tigard designations. The subject property and the adjacent property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017.In June and July 2017,City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. On July 16, 2018, Planning Commission held a public hearing to consider this application for annexation (Case No. ZCA2018-00003). No public testimony was received. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12, Goal 14.2 (Policies 1-4). Regional Metro Code Chapter 3.09 State: ORS Chapter 222 CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Chapter 18.710 Land Use Review Procedures 18.710.080 Type III-Modified Procedure A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter 18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application,with a recommendation from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning Commission (on July 16,2018),and one before City Council(on August 14,2018). City staff followed public noticing requirements, in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter 3.09, and ORS Chapter 222. City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public library,and at the subject site);city staff mailed public CHASE ANNEXATION PAGE 2 OF 12 ZCA2018-00003 hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission. Chapter 18.720 Annexations 18.720.020 Approval Process A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial annexations shall be decided by the city council with a recommendation by planning commission. This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City Council will make a decision on this application, following a recommendation from Planning Commission. 18.720.030 Approval Criteria A. Approval Criteria. The approval authority shall approve or approve with modification an annexation application when all of the following are met: 1. The annexation complies with Metro Code 3.09; and As demonstrated through the findings in this staff report, this proposed quasi-judicial annexation is in compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to this application are addressed individually below. METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES 3.09.030 Notice Requirements A. The notice requirements in this section apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to section 3.09.045.These requirements apply in addition to,and do not supersede, applicable requirements of ORS Chapters 197,198, 221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of the notice in the general vicinity of the affected territory, and by publishing notice in a newspaper of general circulation in the affected territory.Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice required by subsection (B) shall: 1. Describe the affected territory in a manner that allows certainty; 2. State the date, time and place where the reviewing entity will consider the boundary change; and 3. State the means by which any person may obtain a copy of the reviewing entity's report on the proposal. This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be processed as an expedited decision; therefore, these notice requirements apply. City staff determined this application was complete on June 11, 2018. Public hearings for deliberations on this proposed boundary CHASE ANNEXATION PAGE 3 OF 12 ZCA2018-00003 change were scheduled before Planning Commission(on July 16,2018) and before City Council(on August 14, 2018). City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall, Tigard Permit Center,Tigard Public library,and at the subject site);city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25,2018; and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5,2018)prior to the July 16,2018 public hearing before the Planning Commission. 3.09.045 Expedited Decisions This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed. D. To approve a boundary change through an expedited process,the city shall: 1. Find that the change is consistent with expressly applicable provisions in: a. Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban services are available to the proposed annexation property, and have sufficient capacity to provide service. The Urban Planning Area Agreement between the City of Tigard and Washington County provides coordination of comprehensive planning and development,defines the area of interest,and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed later in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. b. Any applicable annexation plan adopted pursuant to ORS 195.205; There is no adopted annexation plan associated with this proposal.Therefore, this provision does not apply. c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include those for utilities, police, fire, and schools. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site, and Tualatin Valley Fire and Rescue (TVF&R) will continue to provide fire protection and emergency medical services to the site. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; CHASE ANNEXATION PAGE 4 OF 12 ZCA2018-00003 The City of Tigard Public Facility Plan was adopted in 1991, in compliance with Statewide Planning Goals and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes appropriate updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rules Chapter 660,Division 25.As addressed under Comprehensive Plan,Goal 11: Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. e. Any applicable comprehensive plan; This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The specific sections of the Comprehensive Plan that apply to this application will be addressed later in this report. f. Any applicable concept plan; and There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply. 2. Consider whether the boundary change would: a. Promote the timely, orderly and economic provision of public facilities and services; b. Affect the quality and quantity of urban services; and c. Eliminate or avoid unnecessary duplication of facilities or services. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety services, instead of the Washington County Sheriff's Office; and the subject site will be removed from the Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site,and TVF&R will continue to provide fire protection and emergency medical services to the site. The proposed annexation will not adversely impact levels of service within the City of Tigard. E. A city may not annex territory that lies outside the UGB,except it may annex a lot or parcel that lies partially within and outside the UGB. The subject site is not located outside the UGB.Therefore,this provision does not apply. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions A. The following requirements for hearings on petitions operate in addition to requirements for boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter, ordinances or resolutions. B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available to the public a report that addresses the criteria identified in subsection (D) and includes the following information: This staff report was made available to the public on June 28, 2018, more than 15 days prior to the public hearing before Planning Commission. 1. The extent to which urban services are available to serve the affected territory,including CHASE ANNEXATION PAGE 5 OF 12 ZCA2018-00003 any extra territorial extensions of service; As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. 2. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed annexation area will remain within Washington County, but will be withdrawn from the Washington County Enhanced Sheriffs Patrol District, and the Washington County Urban Road Maintenance District upon completion of this annexation request. 3. The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on August 14, 2018. Council will make a decision on this application,with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-00003, the effective date of this annexation will be three years after the effective date of the approving ordinance,as outlined in ORS 222.750(5). C. The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (D) and (E) of section 3.09.045. The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in this report. (CDC 18.720.030 Continued) A.2. The annexation is in the city's best interest. As addressed under Metro Code Section 3.09.045.D.2 of this staff report,this proposed annexation will help to promote the timely, orderly and economic provision of City of Tigard public facilities and services, and eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed annexation is in the city's best interest. B. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's base zone that most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land that carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations that are the most similar. A zone change is required if the applicant requests a comprehensive plan map or zoning map designation other than the existing designations. A request for a zone change may be processed concurrently with an annexation application CHASE ANNEXATION PAGE 6 OF 12 ZCA2018-00003 or after the annexation has been approved. C. Conversion table. Table 18.720.1 summarizes the conversion of the county's plan and zoning designations to city designations that are most similar. CDC TABLE 18.720.1 CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Districts/Plan Designation City of Tigard Zoning Plan Designation R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning designations that are most similar and most closely implement Washington County's comprehensive plan and zoning designations.As outlined in the table above, the assignment of city designations for the subject property will be based on these conversions, and shall occur automatically and concurrently with the proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 5 units/acre minimum density,6 units/acre maximum density).Upon approval of this proposed annexation,the subject property will be R-7 (Medium-Density Residential),under City of Tigard designations. CITY OF TIGARD COMPREHENSIVE PLAN Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program.To ensure citizens were provided an opportunity to be involved in all phases of the planning process, city staff issued public notices for this proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall,Tigard Permit Center,Tigard Public Library,and at the subject site); city staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25,2018;and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16,2018 public hearing before the Planning Commission. Additionally, this staff report was made available to the public on June 28, 2018, more than 15 days prior to the public hearing before Planning Commission. Goal 11: Public Facilities and Services As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities, and Private , Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. Staff interprets the phrase"all public facilities and services are available to the proposed annexation area" to mean the services and facilities are currently available and adjacent to the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity and can be made available to the proposed annexation area through an extension.Therefore,staff concludes that all public facilities and services are available to the proposed annexation area,and have adequate capacity to serve the subject site,as detailed in the findings below. CHASE ANNEXATION PAGE 7 OF 12 ZCA2018-00003 Stormwater—City of Tigard Public Works Department. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Water — City of Tigard Public Works Department. The property is located within the Tigard Water Service Area. The subject site is currently served by an existing water main along SW Fern Street. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard Public Works Department. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing property. Police—City of Tigard Police Department. The Washington County Sheriffs Office currently provides police services to the subject property. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District, and the City of Tigard Police Department will provide public safety services to the site.The City of Tigard Police Department reviewed the applicant's proposal,and had no objections. Fire — Tualatin Valley Fire and Rescue. The subject property is located within the service area for TVF&R.Accordingly,TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request.TVF&R reviewed the applicant's proposal, and had no objections. Parks — City of Tigard Public Works Department. This proposal is to annex a 2.38-acre "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets—City of Tigard Engineering Division. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District.The City of Tigard Engineering Division reviewed the applicant's proposal,and had no objections. Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to receiving stormwater services. City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to the subject site.The City of Tigard Public Works Department reviewed the proposal,and determined there is adequate capacity to serve the existing property. Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to receiving wastewater services. City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area,or can be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and CHASE ANNEXATION PAGE 8 OF 12 ZCA2018-00003 determined there is adequate capacity to serve the existing property. Goal 12:To provide and encourage a safe, convenient, and economic transportation system. The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division reviewed the applicant's proposal, and had no objections. Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections 18.720.030.B and 18.720.030.0 of this report. Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all urban level services are available to the proposed annexation property, and have sufficient capacity to provide service. Goal 14.2,Policy 3:The City shall approve proposed annexations based on findings that the request: A. Can be accommodated by the City's public facilities and services; and As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all City of Tigard public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. B. Is consistent with applicable state statute. As addressed later in this report, staff finds the applicable provisions of ORS 222 have been met,consistent with this policy. Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; B. Enable public services to be efficiently and effectively extended to the entire area; or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The subject property (13992 SW Fern Street;WCTM 2S104BD, Tax Lot 9400) and the adjacent property (13990 SW Fern Street;WCTM 2S104BD,Tax Lot 9300) make up an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. The property owners of Tax Lot 9300 have also submitted a request to annex in order to connect to city sewer. Annexation of Tax Lots 9300 and 9400 will enable public services to be efficiently and effectively extended to these properties.The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated"island,"which is consistent with the policy outlined above. CHASE ANNEXATION PAGE 9 OF 12 ZCA2018-00003 OREGON REVISED STATUTES ORS Chapter 222—City Boundary Changes; Mergers; Consolidations;Withdrawals 222.111 Authority and procedure for annexation. (2) A proposal for annexation of territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition to the legislative body of the city by owners of real property in the territory to be annexed. (5) The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed for annexation and, except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with submitting the proposal for annexation to the electors of the city, the legislative body of the city shall submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. 222.120 Procedure for annexation without election;hearing; ordinance subject to referendum. (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection. (2) When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city, the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation. (3) The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The City of Tigard has initiated this application to annex the subject property(13992 SW Fern Street;WCTM 2S104BD,Tax Lot 9400).The City of Tigard Charter does not expressly require the city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection.Therefore,an election is not required for this annexation application. However, the city is required to follow the public hearing and public noticing requirements outlined in ORS 222.120. Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission (on July 16, 2018) and before City Council (on August 14, 2018). City staff published, posted, and mailed notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission;public hearing notices were posted in four public places on June 25,2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing notices were mailed to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25, 2018. 222.750 Annexation of unincorporated territory surrounded by city. (2) When territory not within a city is surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or Interstate Highway 5, the city may annex the territory pursuant to this section after holding at least one public hearing on the subject for which notice has been mailed to each record owner of real property in the territory proposed to be annexed. CHASE ANNEXATION PAGE 10 OF 12 ZCA2018-00003 (4) Unless otherwise required by its charter, annexation by a city under this section must be by ordinance or resolution subject to referendum, with or without the consent of any owner of real property within the territory or resident in the territory. (5) For property that is zoned for, and in,residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved. The city recorder or other officer performing the duties of the city recorder shall: (a) Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and (b) Notify the county clerk of each county in which any part of the territory subject to delayed annexation is located not sooner than 120 days and not later than 90 days before the annexation takes effect. The subject property is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Accordingly, the City of Tigard has initiated this application to annex the subject property (Case No. ZCA2018-00003). Additionally, city staff has scheduled two public hearings for deliberations on this proposed annexation: one before Planning Commission on July 16, 2018, and one before City Council on August 14, 2018. Council will make a decision on this application, with a recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018- 00003, the effective date of this annexation will be three years after the effective date of the approving ordinance. Furthermore,city staff will record notice of the delayed annexation with the Washington County Assessment and Taxation Department, Recording Division within 60 days after City Council approves this application,and will notify the county between 120 days to 90 days before the annexation takes effect. SECTION V. OTHER STAFF AND AGENCY COMMENTS The City of Tigard Engineering Division, Police Department, and Public Works Department were sent copies of the applicant's proposal, and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties,and neighboring property owners within 500 feet of the subject site on June 25, 2018. As of July 30,2018, no public comments were received. Attachments: Attachment 1: Zoning Map Attachment 2: City of Tigard Planning Commission,Draft Minutes dated July 16,2018 CHASE ANNEXATION PAGE 11 OF 12 ZCA2018-00003 SECTION VII. CONCLUSION The proposed annexation meets all applicable approval criteria, outlined in CDC Chapters 18.710 and 18.720; Comprehensive Plan Goal 1.1, Goal 11.1, Policy 4, Goal 11.3, Policy 6, Goal 12, and Goal 14.2, Policies 1 to 4; Metro Code Chapter 3.09; and ORS Chapter 222. Therefore, Planning Commission recommends approval of this annexation to City Council. • ` ""'`- �1� � July 30.2018 PREPARED BY: Lina Smith Assistant Planner July 30.2018 APPROVED BY: Tom cGuire Assistant Community Development Director CHASE ANNEXATION PAGE 12 OF 12 ZCA201 8-00003 • rT'7, 04' ' , R 25'(�PD) . " R-4.5 C�' 0....40,‘,911t� a Attachment 1:Zoning Map ; m ,� �� ,`�O � � HVIEW DR ��/ /� l Lr'hS �,' ��y e" I( ori v , ], R-25 Generalized Zoning Categories ��� �. �� -ir OM AV1, :ENISH ST ./ .0 i 07 —isi „c oning Descnntion �� r - 1 `�� ,�� MARCIA DR x ,w I opro� � / s, ,, , , ' w i. �gr� Residential off ', A . im gsGV :.. }� _ 1mr •+ Mixed Use Residential W LNUT LN.1 H 1 ;\ 1 NI Ii 1,_,-\ \ ',Commercial 3Ri7 I I I �I I -z----T---77--, WALNUT LN ■Mixed Use (./P/D' •� > ~r� ',Triangle Mixed Use it �`j �� • I �" N� J ��1 ',Mixed Use Employment A . ik!i. t 1 1 i� Y1 ----1- . L = jI h—R-25 ',Industrial CROS -I ` __Parks and Recreation 4 to-, �� 14* I =�r >`-1 I I I i r l ',WA-CNTY mil 12 �� J J h I R17 I JW � Zones 14 l 0 �I 1� �� �Q it- Overlay+�- <kHistoric District Overlay i z/A j I 11T L_1 iI 1 , 0PlannDevelopment Overlay 1<742 ;ri PRII II1 h` �, [ t I I ____JI I 1 �_� subject Site • � ' K, : A'' i L I I —7 i4� —t L , R- y5 �Y' R-T t I /, D , //;0. / , v",.,4 ,�2��� I� � - �O .. �� Map pnnMd at 04.57 PM on 09-Jul-18 7/ , ' T/ / LAUREN LN / R-4.5�— o a s T=s---:..ifs.::—"..,".�—., ��� -�� I DATA le DERIVED FROM MUM ME SOURCES THE CRY OF TIGARD MAKES NO �� , /.' / ' Y'VHITEy1 w-7Z M oa D7287MAZTR VAN oEo EVEZ 74:r, /" o R-7 PD AiRD.ALL ASSUME NO LIAM,FOR ANY ERRORS,01.1.30.OR INACCURACIESCrY OF NTHENFOR...ONPROVI�REGARD«OFHOWCAU� ,1 4 no } /0 - /y MICHELE CT �'j Q< - COMMUNITY DEVELOPMENT DEPARTMENT y /yl1ScS city or Tl e g r / � 1 t / / 4,i j�1 13125 SW Hall BMd / _,/ // 0106 Tgard,OR 97223 0 Feet 794 'J X��//' 'C.( , .. —� _ i 503639-4171 • ' N ' f„..,./4 wew.tlgard-or.gav Attachment 2 CITY OF TIGARD PLANNING COMMISSION Minutes,July 16, 2018 Location: Tigard Civic Center Town Hall, 13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Lieuallen Commissioner Middaugh Commissioner Roberts Commissioner Schmidt Alt. Commissioner Whitehurst Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant;Agnes Lindor,Associate Planner; Lina Smith,Assistant Planner, Schuyler Warren,Associate Planner, Susan Shanks, Senior Planner;Principal Engineer Khoi Le COMMUNICATIONS—President Fitzgerald had attended the housing options open house. She was pleased with the input. CONSIDER MINUTES May 21,2018 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the May 21 minutes;there being none,President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING OPENED LEWIS ANNEXATION - ZCA2018-00002 DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land,located at 13990 SW Fern Street,into the City of Tigard. The property owners request to annex in order to connect to city sewer.The 0.47-acre site is an"island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street July 16,2018 Page 1 of 9 QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions;there were no challenges of the commissioners for bias or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President Feeney. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing. STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00002 to City Council. APPLICANT PRESENTATION —Unable to attend. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00002 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE - All in favor—none opposed July 16, 2018 Page 2 of 9 RESULT -Motion for approval passes unanimously (9-0) PUBLIC HEARING OPENED CHASE ANNEXATION -ZCA2018-00003 DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land,located at 13992 SW Fern Street. The 2.38-acre site is an "island" of unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: none. Ex-parte contacts: none. Site visitations: Commissioner Feeney. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Assistant Planner Lina Smith introduced herself and went over the staff report and a brief PowerPoint (Exhibit B). Staff f reports are available on-line one week before each hearing STAFF RECOMMENDATION Staff recommends the Planning Commission find that the proposed annexation (ZCA2018- 00003) meets all the approval criteria as identified in ORS Chapter 222,Metro Code Chapter 3.09,Community Development Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1,Policy 4; Goal 11.3,Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission recommend APPROVAL of ZCA2018-00003 to City Council. APPLICANT PRESENTATION—the City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION — None. COMMENTS FROM APPLICANT —N/A PUBLIC HEARING CLOSED DELIBERATION July 16,2018 Page 3 of 9 After a very brief deliberation, Commissioner Roberts made the following motion: MOTION "I move the Planning Commission forward a recommendation of approval to the City Council of application ZCA2018-00003 and adoption of the findings and conditions of approval contained in the Staff Report." Commissioner Schmidt seconded the motion. VOTE - All in favor—none opposed. RESULT - Motion for approval passes unanimously. (9—0) PUBLIC HEARING OPENED TRILLIUM HILL SUBDIVISION ZONE CHANGE Z0N2018-00002; SUB2018-00003 DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision,located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace),which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109th Avenue QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions;there were no challenges of the commissioners for bias. Conflict of interest: none. Ex-parte contacts: none. Site visitations: Commissioners Lieuallen,Jackson,Fitzgerald,Feeney,Roberts, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports are available on-line one week before each hearing)and a PowerPoint (Exhibit C) regarding the proposal below: • Rezone request • Change from R-3.5 to R-4.5 • Both in Low Density Residential Comprehensive Plan Designation • Subdivision • 14 lots • Extension of SW Lady Marion Drive west to SW 109th Avenue • Private street from SW Marion Drive July 16,2018 Page 4 of 9 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed zone change and subdivision based on the findings contained in the staff report and the applicant's materials. QUESTIONS Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City requirement? It is a requirement by the City. Are you saying we cannot approve the zone change without approving the subdivision? They are applying for it together - concurrently. So to be clear,I cannot turn down the subdivision and approve the zone change?Yes. APPLICANT'S PRESENTATION Wayne Hayson, Planning Manager with Pioneer Design Group,was there representing the applicant, Paceline Holdings,LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had covered most of his points already so he would keep this brief and expand upon some of the points. He noted that R-3.5 &R-4.5 are both low density residential, so they don't change the Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision, he believes the lots are an appropriate transition. The density would increase by just 3 units, which is not a significant increase—it's an increase of less than 30 average daily trips across that side. Lady Marion will be extended to SW 109th as required and a half-street improvement will be provided along the SW 109th Ave. frontage. The private street located in Tract A will have a 26'wide paved surface to provide parking on one side and includes a turnaround,which meets TVF&R specifications. There will be no need for people to wheel their garbage cans out to a main street. There will be no problem with garbage collection on that street because of the parking being on just the one side and how the street was designed. All required public utilities are available to the site. He addressed some of the neighborhood concerns—such as speeding, no parking areas,illegal passing, etc. Unfortunately, these concerns cannot be controlled by the review of this application;however, he said, "We will obviously comply with the necessary signage that is determined by City engineering staff through the review." TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION Dorothy Gadas—16463 SW 103 Ave.,Tigard—does not want people to bulldoze the hillside. She noted there is a vast area of trees and forestry and she is against changing the area. She would like to know how the erosion with soil,wind, and incredibly dry weather will affect the hillside; she doesn't believe that was addressed. She objects to this residential community being built just for another bit of money for the city when they're putting forty-nine homeowners lives at risk because the steep hill is not going to maintain what is proposed. July 16,2018 Page 5 of 9 Allan Rumbaugh 10500 SW Naeve St. Tigard— said he did not receive public notice. He believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is • concerned about street traffic and traffic calming. He said he had sent a letter of comment that went into more detail. He's mainly concerned about safety on the street; he does not want Lady Marion extended, and believes this should simply be a 14 lot cul-de-sac. Lynn Walker,14970 SW 109th Tigard—doesn't want Lady Marion extended. She is concerned about signage, lack of stripes... safety. She already has a hard time getting out of her driveway due to traffic and bad visibility. She doesn't believe Tigard has done enough studies. She would like to see a 4-way stop at Murdock and 109th; she would like to see speed bumps and would like to see a traffic officer there monitoring the traffic going through. She said people speed through there all the time. She is against the commission doing the zoning and subdivision together. She would rather see them do the zoning first and the subdivision second. She thinks the residents already there should be taken into consideration. She believes this is rushed—originally, this was going to be eight houses—and now it's fourteen. She believes there are safety improvements that should be taken into consideration before rezoning. Kayla Carruth,10555 SW Lady Marion—is concerned about the extension of Lady Marion. She believes her street will become like a freeway with this change and wants this to be reconsidered. Her street already has a lot of traffic and now it will be worse. She would like that to be considered. Bill Anderson, 10499 SW Naeve Street,Tigard—agrees with all the previous testimony. He moved to the area because of the livability of the area. For safety and traffic reasons,he's very concerned about Lady Marion going through. STAFF RESPONSE Tigard's principal engineer Khoi Le said he wants to direct the Commission back to the Code Requirement regarding street connections. Lady Marion Drive has the capacity to handle additional traffic and the engineering department does not see a problem or have any issues with the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside. There wasn't a sensitive lands required because the slopes are less than 25%in grade;however, a building permit through the building code requirements -if there's a geotech required for the foundations and how the houses are built—will be required at that time. As far as tree removal— the current code does provide incentives for developers to preserve trees;however,it's not a requirement—it's an option that they can utilize. As for noticing requirements—the code requires that properties within 500' of the site be sent notices, so if you are outside of that you will not receive a mailed notice. APPLICANT REBUTTAL Wayne Hayson regarding the notice area—said the state law's minimum noticing area is actually just 300', and Tigard's 500' noticing area exceeds that standard. He said, "I believe the applicant complied with Tigard's requirement and we have a written affidavit confirming the mailing. July 16,2018 Page6of9 Regarding connectivity—We are subject to the standards of approval or the requirements for approval that were in effect on the day that we submitted our land use application. On that day the City code clearly stated that all local neighborhood routes and collector streets which abut a development shall be extended unless any of the three exceptions are present, that is environmental or topographical constraints, existing development, patents or strict adherence to other standards in this code. We've been through the process and this is not a sensitive area, topography is not an issue; there's nothing preventing a street going through. A cul-de-sac is not an option in this case— anything else would be changing the goal post in this application. We are required to put that street through. As for circulation, there's always a consequence to circulation and to putting a street through in this fashion. One of those consequences for people living on Kable is that they will see a decrease in traffic. People who are cutting through Naeve down to Kable will now likely take Lady Marion. People on that street will see more traffic,but other streets in the area will see a decrease in traffic. And that's the point of connectivity—it's to allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is an interim situation and I believe it is appropriate for it to go through. Everybody would like to live on a dead end street if they had the ability to do so. Regarding a traffic study—at 14 lots it's not considered a significant enough development to warrant additional transportation studies and part of that is because when you're getting a stub street it's anticipated that it is going through unless there are physical constraints to prevent it from doing so. A geotechnical report is not required at this time. We will be required to do that geotechnical report before we submit for site development for grading permits and for building permits for the homes." QUESTIONS President Fitzgerald asked Assistant Community Development Director Tom McGuire to clarify whether the Commission is actually making the decision, or just recommending to Council. Tom answered that this is a Type III procedure,which means they are making the decision;however, the decision is appealable to City Council before being appealable to LUBA. PUBLIC HEARING CLOSED DELIBERATION REGARDING THE ZONING CHANGE President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change and subdivision or whether to do two separate motions—understanding that if the zoning change does not go through, the subdivision will not be able to go through. She asked each commissioner to weigh in on the zoning change. Commissioner: • Schmidt thinks this is reasonable; he's fine with the zone change. • Roberts likes the consistency and is good with the zone change. • Brook agrees and is also good with the zone change. • Feeney concurs. July 16,2018 Page 7 of 9 • Hu agrees—he cautioned them that if they approve the zone change but not the subdivision, someone else could just run away with it. • Jackson considers the zone change justification to be reasonable. • Lieuallen chose not to comment. • Middaugh—agrees with the zone change—it's consistent with the existing lots that adjoin the site. The consensus was that the commissioners would pass the zone change, so they would like to do one motion to include both the zone change and the subdivision. DELIBERATION OF THE SUBDIVISION President Fitzgerald asked for the commissioner's thoughts on the subdivision: Commissioner: • Middaugh: is in agreement with the subdivision. The intent all along was to extend that road. He agrees with connectivity and overall thinks the plan is well thought out and well designed. He likes that most of the new units will have frontage on Lady Marion and that will fit in well with the existing look of the neighborhood. • Lieuallen thinks the 109th connection is unsafe—he thinks the very top of that hill is.high and there will likely be people speeding down that road—it's a steep downhill road—he doesn't like the connection and thinks it's dangerous. As for the density—he thinks the developers could do some traffic calming. • Jackson—regarding traffic, the only homes on Lady Marion that would see less traffic are the ones on the corner. He's disappointed that the sidewalk is not going through. All in all, he thinks the proposal meets code requirements. • Hu is sympathetic to the neighbors' concerns,but the property owners have the right to develop their property in this way. He will vote for the subdivision. • Feeney—Connectivity is required and this extended street meets the criteria. • Brook—doesn't see the draw for so much additional traffic. She thinks the design very clearly considered the options. She will vote yes. • Roberts—this is as good a plan as we'll likely get on this property. He understands the concern about traffic—enforcement and calming is on his mind - but this meets the code. • Schmidt—agrees with the statements in favor of the proposal as planned. He believes the plan meets the code requirements, and he can't find a reason to deny it. • President Fitzgerald agrees that this meets the code. She asked if anyone would like to make a motion. MOTION Commissioner Middaugh made the following motion: "I move for approval of application ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of approval contained in the staff report and based on testimony received tonight." The motion was seconded by Commissioner Feeney. July 16, 2018 Page 8 of 9 VOTE A vote was taken on the motion to approve. RESULT • The motion to approve the application passed 8— 1;with Commissioner Lieuallen voting nay. BRIEFING PHASE II CODE AMENDMENT PROJECT—Housing Policy & Omnibus Changes PHASE III CODE AMENDMENT PROJECT —Apartment and Commercial Standards I Land Use Updates Associate Planner Schuyler Warren had sent a memo to the commissioners earlier in the week (Exhibit E)which gave a good introduction to his Phase II Code Amendment Project briefing this evening. He went over those points and a PowerPoint (Exhibit F) and took questions at the end and during his talk. Senior Planner Susan Shanks came up to speak about Phase III. She had also sent a briefing memo out to the commissioners (Exhibit G) and spoke to the commissioners about Phase III, and took questions during and at the end of the briefing. OTHER BUSINESS—None. ADJOURNMENT President Fitzgerald adjourned the meeting at 10:15 p.m. Doreen Laughlin,Planning Commission Secretary ATTEST: President Calista Fitzgerald July 16,2018 Page 9 of 9 AGENDA ITEM No. 9 Date: August 14, 2018 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the Tigard City Council on: ORS CHAPTER 222, METRO CODE CHAPTER 3.09, COMMUNITY DEVELOPMENT CODE CHAPTERS 18.710 AND 18.720, AND THE FOLLOWING COMPREHENSIVE PLAN GOALS AND POLICIES; GOAL 1.1; GOAL 11.1; POLICY 4; GOAL 11.3, POLICY 6; GOAL 12; AND GOAL 14.2, POLICY 1-4 (ZCA2018-00003) REQUEST: This proposal is to annex one (1) parcel of land, located at 13992 SW Fern Street. The 2.38-acre site is an "island" of unincorporated land that is surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 due to ongoing negotiations with the property owners. The property is now being annexed to complete the Council policy. LOCATION: 13992 SW Fern Street,Tigard, OR 97223,WCTM 2S104BD,Tax Lot 9400 ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density APPLICABLE REVIEW CRITERIA: The approval standards for annexation are described in Community Development Code Chapters 18.710 and 18.720, Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14;Metro Code Chapter 3.09;and Oregon Revised Statutes (ORS) Chapter 222. Due to time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 9 Date: August 14,2018 PLEASE PRINT 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. r\iji,e 0 s)/6t) Iv 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. Due to time Constraints City Council May Impose a Time Limit on Testimony AIS-3568 10. Business Meeting Meeting Date: 08/14/2018 Length (in minutes):45 Minutes Agenda Title: Consider City Council Vacancy Prepared For: Marty Wine,City Management Submitted By: Marty Wine, City Management Item Type: Motion Requested Meeting Type: Public Hearing: Publication Date: Information ISSUE How will the City Council choose to fill the Council vacancy that will result from the resignation submitted by Council President Jason Snider? STAFF RECOMMENDATION /ACTION REQUEST Council action should include direction about whether the vacancy will be filled by election or appointment, and when that action should occur. KEY FACTS AND INFORMATION SUMMARY On June 4,2018,Council President Jason Snider notified the City of his irrevocable resignation effective December 27,2018.This action is in keeping with Tigard City Charter Chapter III,Section 7,which states in part,"No person who is serving as Mayor or councilor shall become a candidate for any city office for a term which would be concurrent with the term in office then held unless that person submits a written resignation from the then current office at the time of filing for the other office." Council President filed for the office of Mayor when he submitted his resignation. The Tigard City Attorney has advised the Council of the alternatives to fill the remainder of the term according to the Tigard City Charter and municipal code. Council may choose election or appointment to fill the vacancy,and must take action in a public meeting to determine which course it chooses. The Council discussed these alternatives on June 26. On July 17,the Council held a public hearing to receive public comment about filling the vacancy.The Council received a letter at the hearing advocating for election on the November 2018 ballot to fill the unexpired two-year term. Tigard's City Charter provides that the City Council may fill a vacant Council seat by election or appointment.Although the appointment process steps are not outlined in the City Charter or code,the process steps could include: •City Council directs the vacancy to be filled by appointment and identifies the application process and timeline at a Council business meeting. •Staff issues media and legal announcements to inform the public of the Council vacancy and appointment process. •Application period for Council vacancy opens. •Vacancy and appointment process published by Tigard Times. •Application period for Council vacancy closes. Candidate applications are distributed and published with next Council agenda. •City Council conducts candidate interviews at Council workshop meeting •Councilor appointment and oath of office at a Council business meeting Similarly,the election steps and deadlines are outlined in state law,state and county election rules,and not the City Charter. The process steps for filling a vacancy in the 2018 general election would be: •August 14,2018: City Council directs vacancy to be filled by election at November 8,2018 General Election. •August 15: City announces addition of a two-year council term for candidate filing. •August 20: City filing deadline for City Council 2-year and 4-year positions. Candidates would need to indicate which seat they are running for at the time of filing. •September 6: City Recorder must submit City's list of positions available and slate of candidates to Washington County Elections. •November 8,2018: General Election. •January 8,2019: Mayor and Council take oath of office. OTHER ALTERNATIVES The Council may fill the unexpired two-year term by election or appointment.Alternatives include filling the vacancy by: •Election at the November 6,2018 General Election •Election at a March 12,2019 or May 21,2019 Special Election •Appointment in 2018 •Appointment in 2019 •Appointment process that begins in 2018 and is completed in 2019 COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION The City Council previously discussed this matter on June 26 and July 17, 2018. Attachments No file(s)attached. SUPPLEMENTAL PACKET FOR ,errs C . g' (DATE OF MEETING) I am addressing the issue of filling the council seat vacancy that was briefly discussed at the July 17 j+ rye j f council meeting. I am bringing this up for 2 reasons: transparency and the democratic process. After the council seat vacancy was announced, the city attorney discussed the options for filling the vacancy at the study session of June 26.Yet it was not on a council agenda until 7/17. There was plenty of time to discuss this matter in full view of the public. After a decision is made on 8/14, if the decision is to place the open position on the November ballot, it does not give candidates ample time to meet with the city recorder to pull papers, collect signatures, have the signatures verified before the 8/20 deadline to get on the ballot. Postponement of the decision to fill the vacancy has virtually closed the option of filling the 2 year vacancy by the voters via the November election. Next, the democratic process. I understand that under the Charter,the council has the ability to appoint an individual to fill a vacancy. I can see this being applied in circumstances where a vacancy of 6 months or less is created. However, a vacancy of 2 years is another matter. To put this decision off to the 8/14 meeting thwarts the democratic process I support. There were citizens who would have run for a 2 year seat. To deny this an opportunity to the voters halts inclusiveness, diversity and perpetrates the good ole boy club of Washington County. In the event the current council decides to not appoint but pass the decision off to the newly elected council of 2019, it puts that group in a tough spot of bearing the cost of a special election when resources in the budget are already tight. So appointment becomes the default position. I am disappointed that the current council has not put their faith in the voters to decide who should fill the 2 year vacancy. This could have been determined in July in ample time for getting on the November ballot at no cost to the voters. Linda Monahan 10248 SW Kent Ct. Tigard, OR 97224 AIS-3591 11. Business Meeting Meeting Date: 08/14/2018 Length (in minutes): 10 Minutes Agenda Title: Consider Position on Measure 102,State Constitutional Amendment regarding Local Bonds for Affordable Housing Prepared For: Marty Wine,City Management Submitted By: Marty Wine,City Management Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Does the Tigard City Council wish to encourage or oppose voter approval of Measure 102,a proposed statewide constitutional amendment which would allow local government bonds to be used to finance affordable housing? STAFF RECOMMENDATION /ACTION REQUEST Determine whether the Council wishes to support,oppose, or take no position on statewide Measure 102. Should the Council choose to encourage voters to support Measure 102,a draft resolution is attached. KEY FACTS AND INFORMATION SUMMARY Measure 102 has been referred to voters statewide for the November 6,2018 election. Measure 102's ballot title is "Amends Constitution:Allows local bonds for financing affordable housing with nongovernmental entities. Requires voter approval,annual audits." As presented in June and July meetings,the Portland Metro region has a severe and documented shortage of affordable housing,and Tigard residents share the housing rent- and cost-burden that the region is experiencing.The Metro Council has supported and forwarded a$652.8 million bond measure to the Metro region's voters for the November 6,2018 election that is directed to affordable housing development. That proposed measure would mean an increase in property taxes of$0.24 per$1,000 AV and aims to create affordable housing for up to 12,000 people in the region. Bond proceeds would be distributed to county housing authorities and the largest cities in the region to provide more affordable housing with an emphasis on housing for families at 30% and below median family income levels.The regional bond measure depends on a change to the state constitution to allow local bond funds to finance affordable housing developed by non-profit providers. Measure 102 is a statewide measure that amends the state constitution to make an exception for the use of local bonds to finance affordable housing. If Measure 102 is approved,local governments could issue bonds to finance affordable housing with nongovernmental entities. If Measure 102 is not approved,the state constitutional prohibition on local governments raising money for,or loaning credit to nongovernmental entities would be retained. At its meeting of June 19,2018,the Tigard City Council received a presentation about the proposed constitutional amendment and also the Metro affordable housing bond measure. Mayor Cook asked the Council if there was interest in discussing and considering taking any position on the measure.A majority of Council indicated a willingness to discuss the measures. OTHER ALTERNATIVES The Council may encourage voter support of Measure 102,oppose it,or take no action. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION June 19 -The City Council received an update from Metro staff and officials regarding the proposed measure being presented to voters in the region at the November election. July 17 -The City Council received a briefing on planned changes to the city's housing code and new and revised policy changes for housing,development standards,nonresidential standards,and land use procedures, which includes code changes to encourage and preserve naturally occurring affordable housing. July 27 -The City Council received a briefing on the Southwest Corridor Equitable Housing Strategy report. Attachments Measure 102 draft res AgendaQuick©2005-2018 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION SUPPORTING PASSAGE OF STA i'F,WIDE MEASURE 102, A PROPOSED CONSTITUTIONAL AMENDMENT ALLOWING USE OF LOCAL BONDS TO DEVELOP AFFORDABLE HOUSING. • WHEREAS, communities across Oregon are struggling to provide enough housing units at a rate residents can afford,and WHEREAS,rent increases experienced throughout the region have-ranged from 18% to 71% between 2011-2015,with downtown Tigard's average rents for a 2-bedroom apartment increasing by 90 percent;and WHEREAS,the median listing price for a single-family house in Tigard was $430,000, 14%higher than in Hillsboro and 17%higher than in Beaverton;and WHEREAS,regionally and locally,home prices and rents are escalating,making it challenging for many people to find an affordable place to live,with 22.7 percent of Tigard's renter households and 9.7 percent of Tigard's owner-occupied households experiencing a cost burden, spending more than 50 percent of their income on housing costs;and WHEREAS, the Oregon Legislature voted to refer a constitutional amendment to voters at the November 6,2018 election,Measure 102;and WHEREAS, the amendment would remove a restriction in the Oregon State Constitution that prevents locally-approved affordable housing bond funds from being used in partnership with non-profit and private affordable housing developers;and WHEREAS,the amendment will make local affordable housing bonds go further without added cost to taxpayers,helping more people access housing in communities that have passed affordable housing bonds, and giving local communities that approve bonds for affordable housing more flexibility to create the housing they need; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council.that: SECTION 1: We support this change to the Oregon State Constitution in support of affordable housing,and encourage voters in Tigard and statewide to vote yes on Measure 102. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2018. RESOLUTION NO. 18- Page 1 Mayor-City of Tigard Arl EST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 2 Carol Krager From: Joanne Bengtson on behalf of Marty Wine Sent: Tuesday,August 14, 2018 3:11 PM SUPPLEMENTAL PACKET To: Carol Krager; Kelly Burgoyne FoR v F i U ,g' Subject: FW: Support for Measure 102 Attachments: Scan Aug 14, 2018 at 1_43 PM.pdf (DATE OF MEETING) 1 f-e'rvt 1 ) From:Taylor Sarman [mailto:taylordsarman@gmail.com] Sent:Tuesday, August 14, 2018 2:20 PM To:John Cook<MayorCook@tigard-or.gov> Cc:Jason Snider<JasonCc@tigard-or.gov>; Marc Woodard <MarcW@tigard-or.gov>;John Goodhouse <igoodhouse@tigard-or.gov>;Tom Anderson<TomA@tigard-or.gov>; Marty Wine<Marty@tigard-or.gov>; Rep Doherty <Rep.MargaretDoherty@oregonlegislature.gov> Subject:Support for Measure 102 Greetings Mayor Cook & Councilors, Ahead of the Tigard City Council's consideration of a resolution to support Measure 102, Representative Doherty has asked me to share this letter of support with you all. Please do not hesitate to reach out to her directly should you have any questions. I've copied her on this email. Best regards, -Taylor Taylor D.Sarman C: 541.910.5711 I E: taylordsarman(agmail.com 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." \1 1It(;.tK1;T 1/0111 1111 : RI- I'ItFa1 \ I k I IN I. " �t , las0 August 14, 2018 The Honorable John Cook, Mayor City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Mayor Cook and Councilors: Thank you for considering a resolution in support of Measure 102. As the State Representative for this area, I voted alongside every one of my colleagues in the House to refer this important amendment to voters. Measure 102 is important because if you work hard, you should be able to put a roof over your head. But in Oregon, that's not the case for too many people. Families are struggling just to keep their heads above water, while too many people face the very real possibility of homelessness for the first time in their lives. Here in Tigard, our community is seeing the impacts of the housing crisis in the Portland Metro region every day. Measure 102 can make a difference. Measure 102 would lift the ban on the current ability of local governments to work with nonprofits and local businesses to build affordable housing in their community with bond funds. This small change would allow bond funds to go further, making the most efficient use of taxpayer dollars and creating more affordable housing. The League of Oregon Cities, the Eugene City Council, the Milwaukie City Council, and the Tillamook County Commission have all passed resolutions in support of Measure 102. I encourage the Tigard City Council to do the same. Best regards, fl'ilidil,q1,4t,L Margarer'Doherty thrice!'hoot.503-91+e.-i335-rep ntun.tPckh.hert%.+.+rc mdc;!ishiturc tuti c 0 Carol Kra9erTo( From: Sheila Greenlaw-Fink <sgfink@TheCHF.org> FOR Tic E q ' Sent: Tuesday, August 14, 2018 2:28 PM (DATE OF MEETING) To: #Councilmail ( -Fe kvk I I Subject: Testimony in Support: Measure 102 State Constitutional Amendment Attachments: CHF Support for Tigard Resolution on Measure 102.pdf Please find attached written testimony related to tonight's Council vote on a resolution supporting passage of Statewide Measure 102. Thanks! Sheila Greenlaw-Fink { Executive Director COMMUNITY HOUSING FUND 3700 SW Murray Blvd.#190 I Beaverton I OR 197005 503.846.5794 I Please note new email I sgfink@thechf.org 1 Community Housing Fund 3700 SW Murray Blvd.,#190 Beaverton, OR 97005 503.846.5794 August 14, 2018 Dear Mayor Cook and Councilors Snider, Goodhouse, Anderson and Woodard— We are pleased to see that you are considering a resolution this evening in support of Measure 102, a state constitutional amendment regarding local bonds for affordable housing. This amendment would make local bond proceeds go further by removing an old restriction in the Oregon constitution that prevents such bonds from being used with local nonprofit and private developers. As you know, public-private partnerships often result in greater leverage, bringing additional resources into each project and enabling an increased number of affordable units to be realized. The state legislature voted almost unanimously for this bi-partisan solution to help local communities. As your resolution notes, housing affordability is a significant problem across the state, but is felt acutely in Tigard—one of two Washington County cities noted for its high proportion of severely cost-burdened renters (those paying more than 50%of their income towards rent). To succeed at school, work, home—in life—everyone needs a safe stable place to call home. Without it,families can't keep up, let alone, get ahead—saving for homeownership or retirement. Without housing stability, students struggle emotionally and at school,and seniors can't live with dignity and respect. When housing costs absorb 50%(or more) of a household's budget, as they do for nearly 1/4 of those renting a home in Tigard,there is precious little left for other necessities like food,transportation, utilities and health care. Tigard has historically played a leadership role in developing tools to assist affordable housing, particularly for developers in the nonprofit arena with tax exemption and partial fee waivers, as well as positive consideration of zone changes, variances and adjustments when and where those were appropriate. Providing support for this constitutional amendment is a logical, no- cost next step for the City. The Community Housing Fund (CHF), provides a variety of loan products to help seed new affordable housing projects in Washington County. We've provided over$7 million in loans to date, including nearly$500k in Tigard over the past decade, most recently for CPAH's Red Rock Creek project in the Tigard Triangle. If Measure 102 passes and is combined with Metro's proposed Regional Affordable Housing Bond (Measure 26-199), we can work together to have a much greater impact in Tigard.The Metro bond will provide nearly$200 million in Washington County alone and could help house up to 12,000 people regionally (if the constitutional amendment passes). CHF strongly urges your support for the Regional Affordable Housing Bond—to preserve existing housing(especially along the proposed SW Corridor alignment where apartment sales and rental increases have been brisk)and to add new units(in high opportunity areas like the Tigard Triangle and downtown).With your continued support and partnership, we CAN make a difference in the lives of thousands of Tigard residents. Thank you for your past actions supporting a mix of housing types,tenures, and affordability levels in Tigard. We look forward to your support for Measure 102, and your future consideration of Measure 26-199. Please do not hesitate to contact CHF if there are ways we can work together on these critical issues. Sincerely, CGz,c-(C— Sheila Greenlaw-Fink Executive Director SUPPLEMENTAL PACKET City council meeting 8/14/18 FOR 4-1A900: f c1, ` ')/g DATE F MEETING) Refrain from endorsing Metro's Housing Measure ) -1-em / / Metro will be placing a $652.8 million regional affordable housing on the November ballot. This measure is expected to construct, acquire or renovate about 3900 low income homes over a 7 year period in the Portland Metro area. ( Without the amendment to the state constitution, about 2400 homes) I urge the Tigard city council to refrain from endorsing Metro's Housing Measure. I appreciate that Metro recognizes what we already know: housing costs have soared all over the region forcing citizens into houselessness and driving families apart. It now costs as much to rent an apartment in Tigard as it does for my daughter's apartment in NW Portland. However well intentioned, I urge the Tigard City Council to keep Metro out of the Housing business. I believe that each locale should be able to address affordable housing in their own way instead of competing for resources in one pot of money. Each community should be able to decide how they want to support affordable housing: be it assistance to non-profits like Community Partners for Affordable Housing or Habitat for Humanity; waiving building permit fees; assistance with navigating the planning, zoning and building code process,or efforts to support Middle housing. Next, I am not sure that Tigard will get an equitable share of the funding distribution in Washington County. I understand that 66%of the funding from the bond will be distributed to Multnomah and Clackamas counties with only 34%to Washington County. Further, Portland voters have already passed an affordable housing measure. To be eligible for funding, a project must serve the low income earning 80%or less of the area median income for a family of 4 of$65,120. Up to 50%of housing will be for people making 30%of the area median family income and no more than 10%of homes will be offered to people making 60-80%of the area median family income. Given these eligibility guidelines and the relative higher income of Tigard residents, there is no guarantee that Tigard will get its share to meet the needs of struggling families here in the city If voters pass this regional measure, Tigard citizens will be contributing about$5 a month to affordable housing efforts in Multnomah,Clackamas and Washington County. Again, I urge you to refrain from endorsing Metro's Housing Measure and focus on addressing the affordable housing challenges in your own backyard. Linda Monahan 10248 SW Kent Ct. Tigard, OR 097224