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City Council Packet - 07/18/2006 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING July 18, 2006 COUNCIL MEETING WILL BE TELEVISED 1:\Ofs\Donna's\Ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. C1, I For Agenda of IS, TIGARD Tigard City Council Meeting Minutes Date: July 18, 2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Agenda Item Discussion & Comments Action Items follow u Study Session Mayor Dirksen called the Study Session to order at 6:30 p.m. Staff Present: City Manager Prosser, Finance Director Sesnon, Engineer Duenas, Counsel Chuck Corrigan, Community Development Director Coffee, Risk Manager Mills, Assistant Public Works Director Rager, and Right-of-Way Administrator Werner Press: Luciana Lopez from the Oregonian and Barbara Sherman from the Tigard Times City Manager Prosser noted that two items were being brought back from the Budget Committee for Council consideration: 1) Senior Center Remodel and 2) Remodel and Relocate the Public Works Department to the Water Building City Manager Prosser said the Budget Committee Risk Manager Mills will 1. Senior direction was to leave the money in the budget but communicate to the Senior Center not spend anything on additional architectural work Center Site Committee the Remodel and until the status of the Community Development Council's reasons for Additions Block Grant is known. wanting to reconsider a remodel at this time. Assistant Public Works Director Rager said there Councilor Sherwood offered would be a Conditional Use Permit required to do to serve on a committee to the building additions discussed by the committee help look at options before and Loaves and Fishes. If the CUP process is not we o ahead with a project. July 18, 2006 City Council Meeting page 1 Agenda Item Discussion & Comments Action Items follow u started until January (when the CDBG's are Councilor Woodruff awarded) the City will be on a tight timeline to get it suggested taking these ideas done. He also noted a mistake in the memorandum to the Site Committee and attached to the Agenda Item Summary which says asking them to weigh in. the City needs to hire an architect in January. He Risk Manager Mills will do said it should be corrected to say the City needs to this and bring their input hire an architect now to prepare a CUP application back to the Council for and preliminary drawings. further discussion. Councilor Sherwood said she wanted to put this off for one year and do an audit to see if meals can be prepared at the Senior Center. She felt the best way to attract users is to cook meals on site rather than just warm day-old meals from Loaves and Fishes. She noted that the Senior Center attendance is very low given the City's population. She toured five different facilities that cook meals on site and said they have much better attendance and offer more flexibility to rental users. She said remodeling just to have a warming kitchen would be waste of money since we may want to remodel it again. She has had several people approach her asking that the City look at cooking meals at the Senior Center. Councilor Sherwood said she also didn't feel the City would get the full $475,000 CDBG request amount as there is only $700,000 available for the entire county. Councilor Harding suggested looking at other grant funding sources. Mayor Dirksen asked if there were items that must be done immediately, such as seismic upgrades, or if the building was failing or substandard. Risk Manager Mills said electrical upgrades are part of the proposed remodel package but are not required outside of this remodel plan. She said seismic improvements are required and were going to be included as part of this remodel. They must be completed whether we do this project or not but could be combined with a future remodel project. Mayor Dirksen recommended not spending the money if none of this needs to be done now. July 18, 2006 City Council Meeting page 2 Agenda Item Discussion & Comments Action Items follow u 2. Discuss Rein- Assistant Public Works Director Rager discussed the Staff will prepare a budget stating Funds to needs of the Public Works staff. He noted that the amendment for Council Remodel and Executive Summary Councilors have in their packet consideration to proceed Relocate the is a draft. He handed out a revised version to with a remodel of the Water Public Works replace it. Building. Department to the Water Mr. Rager said the location of Public Works staff is Building operationally less than ideal. Some are in the two- story office building with a break room and showers in the lower level. Some work in an old house known as the Public Works Annex which is located on the corner of Ash and Burnham Streets. He said the Water Building is currently underutilized and the original idea was to move all of Public Works staff there, but it has been determined there is not enough room. An interim solution is to house the public works office staff in the Water Building. Vacating the Public Works Annex building is the first step in the Ash/Burnham intersection project and is critical to that intersection. Vacating the two-story public works building would make it available for other departments to use as storage, which would save the city $25,000 annually in rented space. High density housing is ultimately planned for the operations yard site. City Manager Prosser noted that this project was taken out of the budget by the Budget Committee and there was discussion on the need for the project. There is no General Fund money; it was all placed in the Water, Sanitary Sewer and Storm Sewer Contingency Funds. He said that if this project is approved by Council, staff will come back with a budget amendment to transfer the money. Councilor Woodruff asked if there was a perceptual issue as we talk about reducing services yet are considering spending money on buildings. He said careful communication to the public was needed, noting that the money proposed for this project cannot be used for other things. He said that the Budget Committee minutes say it would be held off July 18, 2006 City Council Meeting page 3 Agenda Item Discussion & Comments Action Items follow u in the contingency until further exploration. Councilor Harding said we need to be prudent with how we manage our budget if we want to be able to move forward with other kinds of things. She also noted that she attended the Washington County Coordinating Committee meeting yesterday where a study was presented by a firm that said the biggest issue citizens had county-wide was with the perception of accountability and money being spent inefficiently. She wanted Tigard to be a leader in credibility and accountability. She said until things are completed on the Task Force list, this project should be on the shelf. Councilor Sherwood asked if staff could move into the Water Building without a huge remodel. Mr. Rager said the HVAC system is an aging system and did not work properly for the staff previously in the building. The partitions proposed to be used are surplus from the Army Corps of Engineers so there are savings there. The computer and phone cabling needs to be upgraded according to IT staff. Interior wall work needs to be done to house more people. Mayor Dirksen asked if Mr. Rager was saying that the building needs to have some existing systems replaced whether more staff moves in or not. Mr. Rager said the HVAC system work would need to be done regardless and noted that it is a large part of the estimate. Councilor Wilson commented that the Annex building is actually an old house that is in poor condition and the land it's on is valuable. He said there's a point at which you pinch pennies and end up wasting dollars. City Manager Prosser said looking long term we don't want a Public Works yard in the center of our downtown. Mr. Rager said there is also the public perception to consider - the Water Building is underutilized, and the inefficiency in having Public Works staff spread amon three buildings. July 18, 2006 City Council Meeting page 4 Agenda Item Discussion & Comments Action Items follow u City Manager Prosser said we will ultimately need more space for city staff overall and might consider a downtown office building in the future or look at a public safety campus near TVF&R. He said this Water Building remodel will help now with an immediate need. Councilor Harding asked if the entire remodel was really necessary and why we should do it in pieces as interim steps. Mayor Dirksen said he felt it is not money wasted down the road when all the little pieces move us in the right direction. The goal is to use the Water Building to its best ability and allow the City to vacate those other properties so those pieces of property can be put to their best use eventually. He said that before we talk about any new facilities we need to make sure we are using the ones that we've got efficiently. The Water Building is not being used efficiently. He said a lot of this money is going to repair systems that need to be replaced before the building can be used. Councilor Woodruff said he would feel comfortable explaining to the Budget Committee the decision to move ahead with the remodel. He noted the expenditure would not be from the General Fund and the remodel will add to our efficiency. City Manager Prosser said he will ask staff to get a budget amendment prepared to take to the Council. 3. Discuss Right-of-Way Administrator Werner said staff Staff will return with an Revisions to the previously discussed the right-of-way usage fee and ordinance for Council Tigard Munici- other amendments to the Tigard Municipal Code consideration on Right-of- pal Code Incor- with the Council. Staff has worked with the City Way usage fees. porating a Attorney and sent draft proposals for review by Right-of-Way utilities. Staff has two issues they are seeking Council did not agree to any Usage Fee Council guidance on before they present final franchise fee percentages. revisions in a few weeks. The first issue is eliminating the franchise requirement. The current Code anticipated that every utility would have a franchise agreement. She said this is still most desirable but they're trying to write a Code that will apply even when there is no July 18, 2006 City Council Meeting page 5 Agenda Item Discussion & Comments Action Items follow u agreement, as several telephone companies have refused to sign franchise agreements. They're proposing three options for utilities that want to have utilities in our rights of way. 1) No franchise - they would be subject to the Code provisions and would have a right-of-way usage fee which would operate just like a franchise fee, 2) Standard franchise - basically the Municipal Code provisions in a contract form with no negotiations, and 3) A negotiated contract that clarifies terms that could be different from the Code. Utility company feedback suggested we need to make it clear that there can be a variance between language in an agreement and the Code. City Manager Prosser said that any franchise negotiated would come before the Council for approval. It will ultimately be Council's decision whether a variance is acceptable. It will also help with some issues, in particular with telecommunication companies trying to use the law to claim that they can't be forced into accepting certain terms in order to use the right of way. Ms. Werner said that the inflexibility of our current Code is potentially litigious. She said franchise agreements would be encouraged but it helps to have a system offering a choice. Councilor Wilson asked if other cities have a menu like this. Ms. Werner said other cities are in the same position as Tigard. Many have a separate code specifically for telecoms and then they have a franchise agreement which may or may not have the same terms as their code. In response to a question from Councilor Wilson, Ms. Werner said companies often want to negotiate relocation provisions, stipulating who pays when the utility has to relocate something. She also mentioned penalty payments if an audit shows a utility underpaid the City. City Manager Prosser noted that the existing Telecommunications Code states that if a company accepts our standard agreement, Council shall approve it b resolution and it is effective July 18, 2006 City Council Meeting page 6 Agenda Item Discussion & Comments Action Items follow u immediately. If they want more extensive changes - it can be done - but it comes to Council by ordinance, there can be an emergency clause and the process is more involved. Right-of-Way Administrator Werner said the suggested changes take what we have in the Telecom Code and apply it to all utilities. But there would also be a third option; that is, if you have nothing, the fallback is the Code. Mayor Dirksen said that we have the opportunity in the ordinance to negotiate a franchise, which gives us a chance to approach a franchisee before the renewal of their franchise and negotiate something above and beyond their normal franchise. The rate for the Right-of Way fee was also discussed. Ms. Werner said they considered setting it the same as the franchise fee so it is revenue neutral. You would only pay to the extent that you don't pay a franchise fee. Effectively no one would pay a right-of-way usage fee unless they don't have a franchise. She said that currently, PGE's franchise rate is 3.5% and Northwest Natural's is 5%. NW Natural counsel told staff that gas and electric utilities are competitors and PGE's lower rate gives them an advantage. She thought it was best to inform Council so they know this issue was raised and may come up again in the future. She said NW Natural was told that in a freely negotiated agreement they chose to go to 5%; PGE did not. She said the upside of going to 5% for the electric utility is additional revenue, which would be raised by $246,000, and everyone would be on a "level playing field." Unfortunately, PGE would probably just pass this along to their customers and would be shown on their bill as some sort of municipal fee. Mayor Dirksen stressed that the Council's position on this was to do these changes one step at a time and make it revenue neutral. He said that at some point in the future, once we see how this goes, we may look at some kind of a balance or a change. Ms. Werner clarified that she just brought this up so Council would be aware, when the are considering July 18, 2006 City Council Meeting page 7 Agenda Item Discussion & Comments Action Items follow u the final amendments, NW Natural may have a representative there. She did not want Council to be blindsided. Mayor Dirksen said, "Our answer to them is that we may reconsider that at a future date but are choosing not to at this date. That would be my recommendation." In response to some questions from Councilor Harding, Mayor Dirksen said, "We are not changing any of those percentages." He reiterated that Council had previously decided that if a change was made, it would be revenue neutral. Administrative >Appointing a new member to the City Center Items Advisory Commission was discussed. Mayor Dirksen said he spoke with the two alternates to see if either of them was interested in being on the Commission. He recommended a Resolution appointing Mr. Alexander Craghead. City Manager Prosser said there would be a resolution on this added as a non-agenda item at tonight's meeting. > It was agreed that Councilors wanting to carpool to the Washington County Commissioners meeting will meet at City Hall at 5:30 p.m. on July 25. > Quello House Correspondence - City Manager Prosser said Community Development Director Coffee put together a memo that was in the Council's packet. A discussion on this will be rescheduled for the August 15 Workshop Meeting. > City Manager Prosser will let the TVF&R Board know that the Council did not want to attend a meeting separate from the luncheon. >City Manager Prosser asked for opinions on draft revisions to the agenda first page indicating how people can sign up to speak at Council meetings. Councilor Woodruff felt the changes did not go far enough to make it clear that not all items are open for public testimony. City Recorder Wheatley will work on the form. Councilor Harding mentioned that the problem at the July 11`" Council meeting was that a ma was not distributed until 9:30 .m. July 18, 2006 City Council Meeting page 8 Agenda Item Discussion & Comments Action Items follow u May 301h Fifth Tuesday Update: There were some potential Code violations on not only the properties being complained about but also on property belonging to those that made the complaints. Community Development Director Coffee said they will be followed up on equally. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:30 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports Councilor Harding mentioned she attended a Washington County Coordinating Committee meeting and will bring a report and her condensed notes regarding a Washington County traffic survey to the next Council meeting. City Manager Prosser announced that Tom Coffee is no longer the Interim Community Development Director but has accepted the position of Community Development Director. 1.5 Call to Council and Staff for Non-Agenda Items Mayor Dirksen asked if anyone objected to hearing Non-Agenda Item No. 9 between Agenda Items 4 and 5. There were no objections. 2. Citizen Gretchen Buehner, 13249 SW 136`h Place, Tigard, Communication 97223. Mr. Buehner asked that Council consider how to provide access to businesses during downtown road construction. She said, "I'm very concerned about making sure that we don't do damage to our retail businesses... while improvements are being made on the street." She mentioned that over 30% of downtown Portland businesses along that route failed during construction of their transit mall. She is also July 18, 2006 City Council Meeting page 9 Agenda Item Discussion & Comments Action Items follow u concerned about utilities and said there should be some effort to have utilities get their portion of the work done in a timely and coordinated manner. She referenced the recent gas company work that necessitated tearing up Walnut Street after the road had been finished, adding months to the project and also reducing the life of the road. She asked if there was anything Council could do in terms of proposing interim ordinances as we structure these demonstration projects so early in the process, to make sure that utility work is done in a timely manner and within their timeframe. Councilor Sherwood said we should look at having things done similar to when Gaarde Street was being worked on, where areas were done at certain times so the whole street wasn't blocked. Ms. Buehner said, "The problem is that Gaarde is basically a residential street, as was Walnut. We're dealing with a very busy business street. Those businesses are largely dependent upon walk-in traffic and I don't want to see them fail." Councilor Sherwood said since they could figure out a way to keep Gaarde open they could probably find a way to keep these streets open. Ms. Buehner said she just didn't want a utility to cause a major problem and potentially cost a business their existence. Councilor Wilson said, "Those are really good points and we just passed our street opening moratorium so utilities will have to coordinate that work. I think it would be a good idea to have, in addition to liquidated damages if they go beyond the scope, incentives for finishing early." He said it would probably be a good idea, as soon as we know what the projects will look like, to start discussions with property owners and suggested, "using a little bit of urban renewal money, to assist businesses with advertising while construction is ongoing." Ms. Buehner also mentioned that there can be problems within large utilities in that the person you discuss plans with does not communicate very well with the entity in the company who is actually doing the construction. July 18, 2006 City Council Meeting page 10 Agenda Item Discussion & Comments Action Items follow u Mayor Dirksen said the City needs to be very sensitive when letting contracts and have language in them regarding local access. He said, "This street in particular is going to have a major impact. We have a fire station on this street and I'm pretty sure they're going to need to have access during construction so we definitely need to figure out a way to do that." Ralph Hughes, new Chamber of Commerce President spoke. He gave some personal background and noted he is an alternate on the City Center Advisory Commission. He said the Chamber's concept this year is "Buy Tigard First - use the Tigard Chamber of Commerce Directory to find people you want to do business with as use it as exclusively as you can." He recommends any business in Tigard become a Chamber member and get their name in the Directory as a way to get their name out to customers. He said he'd like the Chamber to become more politically active this year at the local, county and state level on issues affecting Tigard businesses. He mentioned the upcoming City elections and said he'd like to see interaction between the candidates and the Chamber members, so they can select who they want to vote for. He mentioned a tourism tax that was recently increased and said there will be discussions on promoting tourism in this area and said he is open for input. Councilor Sherwood noted that she received a notice that the Leadership Series is starting up soon. Mr. Hughes said the City gave a $5,000 grant towards this series, which is a cooperative effort between the City and Chamber. He said anyone interested in attending should contact the Chamber at their TigardChamber.org website. Mayor Dirksen asked the audience if there was anyone who didn't get a chance to sign up to speak for Citizen Communication but would like to speak on an issue that isn't on the agenda tonight. There was none. July 18, 2006 City Council Meeting page I I Agenda Item Discussion & Comments Action Items follow u (Deputy City Recorder's Note: There is no Agenda Item 3. 4. Consent Mayor Dirksen gave a brief summary of the Motion by Councilor Harding, Agenda Consent Agenda Items: seconded by Councilor Woodruff to approve the 4.1 - Approve Workers' Compensation Volunteer Consent Agenda. Coverage through City County Insurance Services The motion passed with a unanimous vote of Council 4.2 - Amend Insurance Agent of Record Contract present: extending from Three to Five-Year Contract Mayor Dirksen Yes 4.3 - Local Contract Review Board: Reject bids Councilor Harding Yes for construction of Hall Blvd. /Wall Street Councilor Sherwood Yes Intersection Phase II and Library Parking Lot Councilor Wilson Yes Expansion. City Manager Prosser mentioned that Councilor Woodruff Yes the City is rejecting the bid because we only got one and it was more than double the engineer's estimate. Mayor Dirksen asked if any items needed to be removed from the consent agenda. Councilor Harding commented that Council should revisit the RFP process as this wasn't the first time in the last few years only one bid was received. She expressed concerns about the publications chosen for the City's RFP advertisements. She said that the media we choose to advertise in is one of the lowest read in the Portland area. Mayor Dirksen agreed that the City staff should make sure the word gets out. 9. Non-Agenda The Mayor announced that a Non-Agenda Item will Motion by Councilor Item (Note: this be considered at this point - Appoint a City Center Sherwood, seconded by item was heard Advisory Committee Alternate to a Voting Position. Councilor Harding to approve out of order.) He said there were two alternates, Alexander Resolution No. 06-44. Craghead and Ralph Hughes. Alexander Craghead agreed to take this position. The motion passed with a unanimous vote of Council present: Resolution No. 06-44 - A Resolution Mayor Dirksen Yes Appointing a Member to the City Center Councilor Harding Yes Advisory Commission Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes July 18, 2006 City Council Meeting page 12 Agenda Item Discussion & Comments Action Items follow u 5. Initiate Associate Planner Sean Farrelly gave the staff report. After discussion Mayor Planned He said that on April 18, 2006 the Planned Dirksen directed staff to Development Development Code Review Committee came before prepare a draft ordinance Revisions the Council with their preliminary and begin the public hearings Reviewed by recommendations. At that time Council directed process. the Planning them to revisit and refine their proposed changes Commission and come back to the Council in 90 days. The Committee met two additional times to incorporate feedback from Council, the City Attorney, Planning Commission and staff. He said the current revision was presented at the Planning Commission work session on June 19, 2006. One major change is that applying the overlay zone is not a separate section in the approval process. It will be done at the same time as approval of the detailed development plan. He also said the site analysis requirement has been deleted. The overall process is more streamlined than in previous recommendations. Mr. Farrelly said they are asking for direction from the Council on whether to proceed with preparation of an ordinance. He mentioned that some committee members were in the audience and staff was here as well to answer any questions. Councilor Woodruff asked if it represented a consensus of the group. Mr. Farrelly said it was a consensus of all the currently active members. Councilor Woodruff said they put together a diverse group and it was meaningful to him that everyone came together on this. Councilor Wilson said, "I think stream lining's a good move. Simple is good; it will be simple and effective." Mayor Dirksen stated that he thought there were some very innovative concepts and it would be interesting to see how they fare in public hearings. He wants to see what kind of concerns people have. He asked why the site analysis requirement was removed. Planning Manager Bewersdorff said they looked at the site analysis requirement and felt it just July 18, 2006 City Council Meeting page 13 Agenda Item Discussion & Comments Action Items follow u created more bureaucracy. He said there would be contour plans as well as other plans and that a site analysis wouldn't bring much to the process. Mayor Dirksen was concerned that citizens viewing this change in the ordinance might think a step is being taken out that would make sure the sensitive nature of a site is adequately addressed. Councilor Wilson noted that the site analysis requirement was not taken out of the existing code. It was added to and then taken out of the proposed new code. He said a site analysis is often done internally by the designer or architect and that staff acted wisely to remove this unnecessary step. Mayor Dirksen asked about the recommendation from the Planning Commission. He asked if they concur with the changes to the ordinance. He recognized a Planning Commission member in the audience and asked if she would be willing to comment on behalf of the other members. Planning Commission member Gretchen Buehner said, "I think that there was a really good general consensus and support for the recommendations that have been made." She said their current president is a planner who raised questions that helped them clean up and streamline the document. When the document came back to the Planning Commission all their questions had been addressed. Mayor Dirksen asked if there was a date when the public hearing would go before the Planning Commission. Mr. Bewersdorff said there was not a date set yet. Councilor Woodruff asked what the smallest size parcel was that could have a planned development on it. Mr. Farrelly said there was no limit. Councilor Harding thanked everyone on the committee for their work on this long process. She said it was sad that there is less land available now to consider than when they started this process a few years ago. July 18, 2006 City Council Meeting page 14 Agenda Item Discussion & Comments Action Items follow u Councilor Sherwood thanked the Commission for sticking with this project and for their work over the past two years. 6. Compre- Community Development Director Coffee gave an Senior Planner St. Amand hensive Plan introduction to this agenda item. He introduced advised that on the August 8, Update: Citizen Senior Planner St. Amand who presented 2006 Council Meeting Issues and information on the latest survey as well as other consent agenda there will be Values recent surveys, bringing that information all a Resolution officially Summary together. He noted that she also prepared some designating the Planning information and follow-up that Council requested Commission as the regarding how other cities compare and how to Comprehensive Plan Update interpret this information and go deeper into some Steering Committee. questions. Senior Planner St. Amand reported that at the last Council meeting, when Community Attitude Survey results were presented, Council requested information regarding how Tigard measured up compared to other jurisdictions. She said they put together data and focused on four questions. Her PowerPoint presentation is on file in the City Recorders Office. She said that when people are asked what they value most about their city, the number one answer indicates how many define their city. Tigard's top answers were location and atmosphere. She said the "Priority Future Issues" question shows a lot of common themes across the region. Together we are dealing with similar issues. For Tigard, our priority future issue is "traffic and congestion" which came up frequently. In addition, growth, schools and streets were mentioned. Senior Planner St. Amand said under the "Top Core City Services," the Library is first with Tigard residents. West Linn and Tigard are the only two cities listing libraries as the top service. Other areas that have their own fire protection services list that as number one. She said it is clear to people that TVF&R provides our fire service, not the City. One other question about "Key Issues" showed that in Tigard, public safe came up, showing that in July 18, 2006 City Council Meeting page 15 Agenda Item Discussion & Comments Action Items follow u general, people are concerned about health and welfare of their families and property. She said the best part of the survey was the "Overall Quality of Life" rating. Not all jurisdictions asked this, but of those that did, Lake Oswego was at the top with 8.6; Tigard came close at 7.8. Hillsboro had 7.0 and Gresham had 5.6. She said this provides a sense of where we have commonality with other jurisdictions and where we stand out as a city. Councilor Wilson asked if these were all scientific polls by these cities. Mr. Coffee said that they were. Councilor Harding mentioned that in a survey the County did, the fire department came up as the top rated "performer." Senior Planner St. Amand pointed out that there was a little different result for the question, "What are your Future Priority Issues?" than what staff originally sent out. She said the response initially noted in the report was traffic congestion as number one, and population and overcrowding as number four. But as they started working on the Issues and Values Summary, staff took a deeper look at the data and thought it did not make sense. In every other survey done in the last four years, growth was number two. They asked the consultants to reexamine the verbatim results to make sure they weren't micro-grouping the answers and obscuring what the issues were. Revised percentages place traffic congestion as first and growth as second, followed by street and road improvement and maintenance, and schools and school funding. Councilor Harding noted that from the Washington County survey, transportation was listed first, then schools, land use, housing, and jobs. Senior Planner St. Amand discussed the Issues and Values Summary which is a synthesis of survey results from 2002-2006. A copy of her presentation is on file in the City Recorder's Office. July 18, 2006 City Council Meeting page 16 Agenda Item Discussion & Comments Action Items follow u She said for community areas downtown, which is a major focus area for the City, issues that came up in the 2004 and 2005 surveys were appearance and transportation, particularly pedestrian access. Regarding values, downtown is very important to residents and is used regularly. In two surveys residents responded that they use the downtown area at least once a week. She said it was 60% of respondents who said that, which is a very high number. Senior Planner St. Amand said the reasons given why people value downtown were convenience, character, and the services that are available. They do feel that downtown is a vital and unique part of Tigard, important not only for the community, but also for the local economy. They value downtown as a gathering place for the community. She said, regarding natural resources, that this question was not specifically asked in many of the surveys that they looked at. When it was addressed it came out strongly. Only one survey ranked it as an issue. She wasn't sure what that meant - did it mean that people are currently satisfied with the options they have? She said they know it is a strong value. When people are asked how they feel about natural features and areas, it ranked very highly on both surveys. She said they consider it a major identity for Tigard and it also came up most strongly in its relationship to neighborhood livability and for downtown. She said this is where the Comprehensive Plan process will have to do more work in asking how we treat these areas. The words - preserve, respect and protect - have different meanings and connotations. She said they would need to be very clear about what these terms mean. For each of these words there is a financial component. There would be a priority, but also the question of the mode of action and how to make that happen. She said for public facilities questions, the main issues that came up were roads, effectiveness and maintenance, planning, recreation, public safe and July 18, 2006 City Council Meeting page 17 Agenda Item Discussion & Comments Action Items follow u future costs. She said residents value the current level of service. The recent survey showed that people are quite satisfied with their current level of service. Library, police and parks are the top rated services. She said one thing to keep in mind when planning for future options is how to maintain current levels of service that work for existing residents and still move forward to the future. Schools and school funding ranked very highly as an issue. Senior Planner St. Amand said the current Tigard Comprehensive Plan does not address education or schools and the current work program they are working on today does not either, although it was included in the Tigard beyond Tomorrow process. She said "communication" as a topic was not identified through any scientific surveys but there was a volunteer survey from 2005 and the leadership group concluded that there was no one best way to communicate with our citizens. A multiple approach would be best and the City will be following that throughout the Comprehensive Plan Update process. Senior Planner St. Amand said that the key issue of the surveys is determining how Tigard will grow in the future. Does it mean limit growth or does it mean accommodate growth? And how will this choice affect available design solutions for the community or impact the community's values? Councilor Wilson thanked staff, saying this was the first time he'd seen everything analyzed together. He found it interesting that people liked the library before we built the new one. One thing Councilor Wilson felt needed more study was the issue of accommodating or discouraging growth. He said it seemed that there are different aspects to growth and they are controversial. He said increased density in neighborhoods always upsets people yet there is also the issue of commercial growth. He said people don't usually object to a new grocery store or something even July 18, 2006 City Council Meeting page 18 Agenda Item Discussion & Comments Action Items follow u though more traffic comes with it and that's a hot button issue. He said it would be helpful to learn in more detail, what about growth upsets people. Councilor Woodruff said it would be interesting to determine whether "accommodate" means growth is grudgingly accepted because its here and we can't stop it - or if it means that we want to do it and we want to do it in the right way. Community Development Director Coffee said the latter approach is what's in the Tigard beyond Tomorrow document that says "accommodate growth while protecting natural resources." Mayor Ditksen said there was another survey done at the behest of Metro and the results were viewed by the Mayors and Chairs Forum. They asked some of the same questions about growth but in a different way such as, "Do you think that it's possible to curb growth or is it something that we just have to accept will happen?" And the consensus among people was that they were not particularly excited about growth but they acknowledged it's going to happen and we need to deal with it in a comprehensive way so we can regulate and control it - not necessarily stop it. Councilor Wilson said he was surprised that protecting trees did not rank among the top issues, yet it's always one of the "hot button" issues for every development that comes before the Council. He said perhaps people are lamenting the loss, but feeling like it's fair to allow people to do what they want to do. Community Development Director Coffee said the Planning Commission and the Code committees have been looking at tree protection and the Tree Code. The Tree Board is looking at the Code from a different perspective. Senior Planner St. Amand noted that in a 2004 Recreation Options Survey a very high percentage of respondents said they wanted to protect natural areas et support for a bond measure to do exactly July 18, 2006 City Council Meeting page 19 Agenda Item Discussion & Comments Action Items follow u that was significantly less than the majority. Councilor Woodruff asked what the next steps were. Community Development Director Coffee said the reason for bringing this information to the Planning Commission and Council was to summarize in one place what the community's been hearing for the past few years and more or less verify, with a statistically valid study, the visioning process that's been going on for several years. He said it would be the basis for drafting policies and alternative scenarios for growth and development of the City. He said that will form the basic draft plan that will be taken through the Planning Commission and out to the public. The workload will be managed by breaking it down into sections and dealing with one section at a time, bearing in mind that it will all have to relate and inevitable conflicts resolved. Senior Planner St. Amand said they are currently working on the State of the City 2006 report which essentially assesses the current conditions for each topic. They have been to the Planning Commission with the Environmental Quality topic and Natural Resources is next on the docket, followed by Community and Public Facilities. The reports should be done by the beginning of 2007. They are now sending out information to interested parties through an electronic news list, press releases and Cityscape articles to encourage people to participate by commenting through a-mail or attending meetings. Next year the focus will be on active decision making and looking at alternatives together and going out to the public and focusing on each topic. Mayor Dirksen gave commendations to Senior Planner St. Amand and said it was an excellent report and analysis of current and prior surveys compiled together. He said it was a valuable document that will be of use to the City in many ways. Community Development Director Coffee said that was the idea behind making the Comprehensive Plan more than just a land use document; it really is July 18, 2006 City Council Meeting page 20 Agenda Item Discussion & Comments Action Items follow u a strategic plan for the City. 7.'Status Engineer Gus Duenas said that Councilor Wilson Mr. Duenas said a contract Report: asked about the Tualatin River Bike/Pedestrian and budget amendment will Tualatin River Bridge at the June 13, 2006 Council meeting. be coming to the Council on Bike/Pedestrian He introduced Paul Hennon, Community Services August 8, 2006. If a contract Bridge Project Director from the City of Tualatin, who gave a is approved, the project PowerPoint presentation on the project. construction period would be August 28-October 13, Mr. Hennon said the project is well underway. All 2006. materials are on site and available. He said the costs have been within the estimate and the change orders are within the project contingency. He noted that the project is expected to be completed either by the end of calendar year 2006, or January 2007. A Grand Opening next year will be coordinated between the three cities of Tigard, Tualatin and Durham. Mr. Hennon said one issue is an effluent reuse line from the Durham Sewage Treatment Plant to the Tualatin Country Club across the river. The pipeline would have to be lowered as it runs across the proposed path in Cook Park. The solution developed was to re-route the path from Cook Park's Butterfly Garden to the bridge, which avoids the additional cost of lowering the reuse pipeline. He said it was also a more elegant design. The path is a little longer now but additional concrete costs paid by Tigard will be reimbursed at the end of the project. The Path on the Tigard side will go under the railroad bridge. Safety fence will be installed to protect pedestrians from falling rocks. The bridge contract covers laying the path foundation. The City of Tigard will have to pave it. Mr. Duenas gave an overview of the realigned trail. He said the realignment requires a revised Cleanwater Services easement. It eliminates the needs for stairs. It is about 1400 lineal feet of trail. The bids were opened on July. Mr. Duenas noted that bids were advertised in the two places Tigard normally advertises - the Tigard Times, because the City is required to advertise locally, and the Daily journal of Commerce, which is the paper read b all July 18, 2006 City Council Meeting page 21 Agenda Item Discussion & Comments Action Items follow u the contractors. Five bids were received ranging from $99,540 to $179,299. Staff recommends accepting the low bid. The available funds are $92,800, down from the original $97,000 because some design fees were made necessary by wetland delineation. $120,000 is the amount needed for construction and there is a funding shortfall of $27,200. Mr. Duenas discussed this with the City's Finance Department who has indicated there is sufficient funding in the contingency to award this. He also noted that Mr. Hennon said Tigard will receive some reimbursement at the end of the project. Councilor Woodruff asked Mr. Hennon what the amount of the refund at the end of the bridge project would be. Mr. Hennon "did not give a number but said, "It would cover that." Mayor Dirksen said he looked forward to the grand opening and being able to ride a bike across the bridge. The length of the trail was discussed and Mr. Hennon said a previously published map should be redone to indicate this new trail connection between Tualatin Community Park and Tigard's Cook Park. Ultimately, Mr. Hennon said, you would be able to go from Cook Park across this bridge, take the Tualatin River Greenway Trail over to the new Tualatin River National Wildlife Refuge. City Manager Prosser said the region's long range vision is to have a trail system that circles the entire region. So as each jurisdiction completes these segments that vision comes closer to reality. 8. Council Liaison Reports 9. Non- This item was considered between Items 4 and 5. Agenda Items July 18, 2006 City Council Meeting page 22 Agenda Item Discussion & Comments Action Items follow u 10. Executive Not held. Session 11. Mayor Dirksen adjourned the Council Business Motion by Councilor Adjournment Meeting. Sherwood, seconded by Councilor Woodruff to adjourn the Council Meeting and convene the Local Contract Review Board Meeting The motion passed with a unanimous vote of Council present: Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Local Contract 1.1 The Local Contract Review Board was called Review Board to order by Chair Dirksen. 1.2 Roll Call Local Contract Review Board Members Present: Chair Dirksen, Board Members Harding, Sherwood, Wilson, and Woodruff. July 18, 2006 City Council Meeting page 23 Agenda Item Discussion & Comments Action Items follow u 2.Consider City Engineer Duenas gave the staff report. He Motion by Councilor Wilson, Awarding noted that on November 8, 2005, the LCRB seconded by Councilor Contract for awarded a contract to OTAK for Phase 1 design of Sherwood, to approve the Design Services the Tigard Downtown Comprehensive Streetscape OTAK contract for Phase 3 Project. Phase 2 is for Commercial Street and Phase The motion passed with a (Burnham 3 is for Burnham Street. He said the original unanimous vote of Council Street) of the Request for Proposals included design services for present: Tigard all three phases. However, because the streetscape Downtown design was expected to determine the design Mayor Dirksen Yes Comprehensive elements to be included in Phases 2 and 3, the Councilor Harding Yes Streetscape contract award for those two phases was withheld. Councilor Sherwood Yes Project He said the intention was to execute an additional Councilor Wilson Yes contract for those phases once the design concepts Councilor Woodruff Yes were established and the scope for the next two projects was better defined. Mr. Duenas said they have now determined what Burnham Street will look like after working with the Streetscape Working Group, the City Center Advisory Commission and the Council. He said they want to get going on this project as soon as possible so they can meet the timeframe for constructing Burnham Street. There is also some right-of-way acquisition that needs to be defined. Mr. Duenas said staff and OTAK negotiated the cost for the basic design as well as some extra services to help with the bid phase and through the construction phase. He asked that Council approve a contract in the amount of $463,525 with an additional contingency amount of $46,353, for a total amount of $509,878. Councilor Woodruff asked what assurances Mr. Duenas had that this was a competitive bid compared to what other bids were. Mr. Duenas said several firms submitted proposals in the RFP process. The initial proposal was based on not knowing the full scope of what Burnham Street would be. They didn't want to award the contract until they knew what the scope would be. Councilor Wilson asked what the price was for OTAK's original proposal. Mr. Duenas said it was $315,000, but it was based on a loose and vague July 18, 2006 City Council Meeting page 24 0 Agenda Item Discussion & Comments Action Items follow u concept. He we needed to explore which Green Streets elements were going to be added. He said a basic design for this project, including underground utility and survey information was done about five years ago. This information had to be verified but was usable. This same information was available to all other firms submitting a proposal. He felt that OTAK's price was competitive. He noted that the more care taken in the design phase, the better the chances are that you'll get a good bid for the construction phase. Councilor Wilson said, "The proposed price is so high and I was thinking that by getting a better idea of what you're doing, the price might go down a little, rather than the opposite ...I'm chagrined that that happened. I thought Green Streets were in the plan from the beginning and it's still not clear to me what would have caused it to go up, other than it being perhaps anti-competitive." Mr. Duenas said that one of the charges we had with OTAK was to see if the Green Streets elements were feasible. He said it wasn't certain at the time we went out for the RFP to what extent we could do Green Streets. Mayor Dirksen said, "I'm not sure what else we could do other than ask for a detailed breakdown of the bid and I'm considering asking for that before I give approval." Councilor Harding said she would concur. Councilor Woodruff said he had no problem with OTAK and thought they've been doing a great job. He said, "On a principle basis, when you're talking about this much money ...public dollars... the way that we are obligated to do that generally is to have an open and competitive process and to evaluate bids that come in for a specific project that has specific deliverables and specific details determined. Without that, we're making judgments that this is the best bid for whatever reason. And it certainly may be. Maybe it's the best; I just don't' know that." July 18, 2006 City Council Meeting page 25 Agenda Item Discussion & Comments Action Items follow u Mr. Duenas pointed out that in an RFP process, cost is only one consideration; it is based on qualifications also. He said one of the key items in the selection of OTAK was not only price but the capabilities of the firm and their availability to get the work done. They have staff ready to start right now. Councilor Sherwood said what they were asking for is a detailed breakdown of what everything will cost. Mr. Duenas said staff could provide that. Mayor Dirksen noted that if they ask to see it today their next opportunity to meet is August 8`h. He asked Mr. Duenas what that would do to the schedule. OTAK Principal Dan Dawson spoke to the Council regarding the contract their proposed. He said it is time and materials contract whereby they've given an estimate of what they think it will cost but they will only charge for actual time spent. He also commented on bidding professional design services. He suggested that what the Council is really interested in is the total cost of the project. He said often times more money spent up front on good design can save money later on construction. He said as far as scheduling, there is a lot of construction going on right now and the first piece of this contract is for surveying. He said OTAK has their own survey staff ready to finish the final survey to get the right-of-way going. Councilor Wilson said, "I can vouch for the fact that people are busy right now and it's very likely that we could go out (for bid) again and not fare much better. You want to hit the construction window and hit the ground running in the spring." Mayor Dirksen said he wanted to see the City get value for taxpayers' dollars spent. He said Council has to rely on professionals, and staff in particular, to tell Council whether they are making the best decisions. July 18, 2006 City Council Meeting page 26 Agenda Item Discussion & Comments Action Items follow u I Adjournment The Local Contract Review Board Meeting was Board Member Sherwood adjourned at 9:45 p.m. motioned to adjourn and Board Member Harding seconded. The motion passed with a unanimous vote of Council present: Chair Dirksen Yes Board Member Harding Yes Board Member Sherwood Yes Board Member Wilson Yes Board Member Woodruff Yes Carol A. Krager, Deputy City Rec er Attest: 6 , Mayor, ity of Tigard Date:AUCL41,54 aMD July 18, 2006 City Council Meeting page 27 TIGARD CITY COUNCIL AND LOCAL ° CONTRACT REVIEW BOARD M MEETING JULY 18, 2006 6:30 p.m. TIGARD CITY 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 7:3012.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 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA -JULY 18, 2006 page 1 AGENDA TIGARD CITY COUNCIL MEETING (limes are estimated.) 6:30 PM • STUDY SESSION > Discuss Proposed Senior Center Remodel and Additions • Staff Report: Public Works Department > Discuss Reinstating Funds to Remodel and Relocate the Public Works Department to the Water Building • Staff Report: Public Works Department > Discuss Revisions to the Tigard Municipal Code Incorporating a Right-of-Way Usage Fee • Staff Report: Community Development Department • 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. 730 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce Representative: President Ralph Hughes • Follow-up to Previous Citizen Communication COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA -JULY 18, 2006 page 2 7:40 PM 4. CONSENT AGENDA: These items are considered to be 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: 4.1 Approve Workers' Compensation Volunteer Coverage Through City County Insurance Services 4.2 Amend Insurance Agent of Record Contract extending from Three to a Five-Year Contract 4.3 Local Contact Review Board: a. Reject Bids for the Construction of Hall Boulevard/Wall Street Intersection - Phase II and Library Parking Lot Expansion • Consent Agenda - Items Removed for Separate Discussion. Any items requested to be removed fmm the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 5. INITIATE PLANNED DEVELOPMENT REVISIONS REVIEWED BY THE PLANNING COMMISSION a. Staff Report: Community Development Department b. Council Discussion C. Council Direction: Should staff prepare a draft ordinance for public hearings? 8:45 PM 6. COMPREHENSIVE PLAN UPDATE: CITIZEN ISSUES AND VALUES SUMMARY a. Staff Report: Community Development Department 9:15 PM 7. STATUS REPORT: TUALATIN RIVER BIKE/PEDESTRIAN BRIDGE PROJECT a. Staff Introduction: Community Development Department b. Report from Paul Hennon, City of Tualatin C. Council Discussion 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA -JULY 18, 2006 page 3 10. 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. 11. ADJOURNMENT (Local Contract Review Board Meeting will follow the City Council meeting.) LOCAL CONTRACT REVIEW BOARD MEETING (IMMEDIATELY FOLLOWING ADJOURNMENT OF THE JULY 18, 2006, CITY COUNCIL MEETING) Times are estimated. 9:40PM 1.1 CALL TO ORDER: LOCAL CONTRACT REVIEW BOARD (LCRB) 1.2 ROLL CALL 2. CONSIDER AWARDING CONTRACT FOR DESIGN SERVICES FOR PHASE 3 (BURNHAM STREET IMPROVEMENTS) OF THE TIGARD DOWNTOWN COMPREHENSIVE STREETSCAPE PROJECT a. Staff Report: Community Development Department b. LCRB Discussion C. LCRB Consideration: Motion to approve the contract award to OTAK, Inc., in the amount of $463,525 and authorize an additional amount of $46,353 to be reserved for contingencies and applied as needed as the design of Burnham Street progresses towards completion and into the construction phase. The total amount for Phase 3 is $509,878. 10:00 PM 3. ADJOURNMENT i:tadmkkathytccat20061060718.doc COUNCIL AND LOCAL CONTRACT REVIEW BOARD AGENDA -JULY 18, 2006 page 4 M TIGA:CITY NCIL M LOCAREVIEW BOARD JULY PM TIGAL 13125 D TIGA97223 Study Meetings are usually held in the Red Rock Creek Conference Room (formerly Town Hall Conference Room). The public is welcome to attend this meeting and all City Council meetings, except for Executive Sessions. Executive Sessions are called only when the _ Council must discuss legal issues, labor relations, or other such matters allowed by law. If there are more people than can be easily accommodated in the Red Rock Creek Conference Room, then the Council will move the meeting to the Town Hall. 6:30 PM STUDY SESSION - ♦ HELD IN RED ROCK CREEK CONFERENCE ROOM Public Welcome EXECUTIVE SESSION(S) ♦ HELD IN RED ROCK CREEK CONFERENCE ROOM Not Open to the Public 7:30 PM BUSINESS MEETING ♦ HELD IN TOWN HALL Public Welcome i:\adm\cathytccs sign u&ouncil hoard%usiness.doc STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING July 18, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > Discuss Proposed Senior Center Remodel and Additions • Staff Report Public Works Department > Discuss Reinstating Funds to Remodel and Relocate the Public Works Department to the Water Building • Staff Report Public Works Department > Discuss Revisions to the Tigard Municipal Code Incorporating a Right-of-Way Usage Fee • Staff Report: Community Development Department • ADMINISTRATIVE ITEMS ➢ Discuss City Center Advisory Commission Appointment - Non Agenda Item? ➢ Determine carpooling plans for July 25 to Hillsboro for the Washington County Board of Commissioners Meeting. Meeting starts at 6:30 p.m. Set departure place and time. ➢ Discuss Quello House correspondence. ➢ Does City Council want to schedule a meeting with the Tualatin Valley Fire & Rescue Board? If yes, when? ➢ Review proposed revised wording for the first page of the City Council agenda. ➢ Update on Code violations reported at the last 5th Tuesday meeting. • 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. Council Calendar July • July 18 Tuesday City Council Business Meeting - 6:30 p.m. • July 24 Monday Lunch at the TVF&R Fire Station in Tigard (Burnham Street) - Noon • July 25 Tuesday City Council Business Meeting Cancelled. Possible quorum of City Council to attend Board of Commissioners Meeting in Hillsboro; 6:30 p.m. (Washington County Public Services Building, 155 North First Avenue, Hillsboro, OR) Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is clared to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. iAadmYathylcca sst2006t060627ps.doc Agenda Item # S'f~l e✓ Yes-S / Oh Meeting Date Tuly 18, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Proposed Senior Center Remodel and Additions Prepared By: Daniel Plaza Dept Head Approval: ~ City Mgr Approval: ISSUE BEFORE THE COUNCIL Should Council authorize up to $100,000 in FY'06/'07 to contract for architectural consulting services in order to produce preliminary construction plans and a Conditional Use Permit (CUP) application for the proposed Senior Center remodel and additions? STAFF RECOMMENDATION Staff recommends the Council authorize up to $100,000 in FY'06/'07 to contract for architectural consulting services in order to produce preliminary construction plans and a CUP application for the proposed Senior Center remodel and additions. KEY FACTS AND INFORMATION SUMMARY ♦ Loaves and Fishes/Senior Center Site Committee has identified potential remodel improvements and building additions. ♦ Building additions would include a new meeting/library room near the front entrance and a new garden room off the ground floor on the north side of the building. The combined new square footage would be approximately 1,280 square feet. ♦ In order to obtain more accurate construction cost estimates and to be ready to submit a land use application, architectural consulting services will be needed. ♦ This expenditure retains enough funding for the City to negotiate a second $100,000 contract for architectural services to produce the final construction plans and bid documents. ♦ This matter was discussed with the Budget Committee; the Committee included the expenditure in the budget, but directed staff to prepare a report for the City Council before any further work was done. OTHER ALTERNATIVES CONSIDERED The Council could choose to abandon the project or change the scope of the project. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Not applicable. ATTACHMENT LIST 1. Memo from Dan Plaza to the City Council dated July 18, 2006 FISCAL NOTES There is $200,000 in the FY'06/'07 Facilities CIP budget earmarked for architectural design work relating to this project. Preliminary construction estimates show the full project will cost approximately $1 million. This amount is in the FY'07/'08 Facilities CIP Budget. Community Development Block Grant (CDBG) staff have notified the City that there is roughly $700,000 in grant funds available in Washington County. The City's Community Development staff is preparing a CDBG application, requesting $475,000 in matching funds. Loaves and Fishes has committed to raise $100,000 for this project. Attachment 1 It MEMORANDUM A • TO: The Honorable Mayor and City Council FROM: Daniel Plaza, Parks and Facilities Manager RE: Proposed Senior Center Remodel DATE: July 18, 2006 Background The FY '06/'07 Facilities CIP budget includes funds for design services for a proposed remodel and seismic upgrade of the Tigard Senior Center. Earlier this year, staff met with the Loaves and Fishes (L&F)/Senior Center Site Committee on several occasions to help formulate the scope of the remodel portion of the project. After a lengthy public input process, the Committee recommends the following improvements be completed by the City: ♦ Priority #1- Main building improvements: o Seismic upgrade of the building o Four bathrooms to be revamped, upsized and remodeled o Remodel main floor area o Complete remodel of the kitchen and food serving area o Upgrade the electrical panel o Upgrade the interior lighting o Upgrade the phone system ♦ Priority #2 - External improvements: o Upgrade concrete loading dock o Upgrade exterior and parking lot lighting o Re-stripe the parking lot o Add bicycle racks ♦ Priority #3 - Building additions: o Addition of a library/meeting room near the entrance o Addition of a garden meeting room off the back (north) o Purchase permits A local architectural firm, Ankrom Moisan, volunteered pro bono services to L&F to produce concept level drawings for the remodel and building additions. These drawings were useful for discussion purposes and for preliminary estimates. If the full project is constructed, with both building additions, staff anticipates the cost would be approximately $1 million. The two building additions would increase the overall size of the building by more than 10 percent, requiring a Conditional Use Permit (CUP). A pre-application conference for this project was held on June 5, 2006, and overall the project appears to be straightforward and CUP approval seems likely. In order to move forward with a CUP application, preliminary construction plans will need to be developed. Funding When this project was first conceived, staff thought the City could obtain a Community Development Block Grant (CDBG) to cover a significant portion of the project cost. During the financial forecasting process, staff projected $475,000 of General Fund monies would be used in FY '07/'08 as matching funds, assuming a $475,000 CDBG grant were obtained. L&F has committed to raise $100,000 for this project. On June 28, 2006, staff spoke with CDBG staff and was informed that there is roughly $700,000 in grant funds available in Washington County. Staff believes the City should apply for a $475,000 CDBG grant to complete the full project including the additions. There is a chance the City would not be awarded the entire $475,000. If this were to occur, CDBG staff indicated the City could reduce the scope of the project to match any funding we might receive. Critical Milestones Community Development (CD) staff is currently working toward a CDBG grant application which will come before Council in September, 2006. At that time, CD staff will ask the Council to authorize the application, which is due October, 2006. CDBG staff indicated the City will receive feedback about its grant application in January, 2007. Assuming a grant is awarded, the project would need to be constructed within one calendar year beginning July 1, 2007. Therefore, if the City receives word in January, 2007 that a grant is awarded, staff would have roughly 18 months to complete the project. As stated previously, a CUP is required before the City can begin construction. If the City waits until January, 2007, to begin the CUP process, there may not be enough time to complete the project by July, 2008. A sample timeline is as follows: January, 2007 ■ Procurement time to hire an architect ■ Preparation.of preliminary drawings ■ CUP application, process, approval Estimated time: 9 months October, 2007 Architect produces final construction drawings and bid documents to procure a building permit and a contractor. Estimated time: 2 months Janua , 2008 ■ Begin construction Jul 1, 2008 ■ Project completion date Staff is concerned the project could not be constructed in the remaining six-month window from January, 2008, through July, 2008. The FY '06/'07 Facilities CIP budget allocates $200,000 toward design efforts for this project. During the CIP budget approval process, Council requested discussion with staff before funding is expended. Staff requests authorization to expend a portion of these funds to hire an architect to begin the CUP application now. Recommendation In light of the anticipated timeline for completing this project and assuming a CDBG grant is awarded to the City in January, 2007, staff recommends the Council authorize up to $100,000 to hire, on or about January, 2007, an architect to prepare a CUP application and preliminary construction drawings. The procurement process for the architect could be structured such that the initial contract would be for preliminary plans and the CUP application. The. City would have the option to negotiate a second $100,000 contract for architectural services to produce the final construction plans and bid documents. Agenda Item # S TuA Meeting Date "tA 18, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Reinstating Funds to Remodel and Relocate the Public Works Department to the Water Building Prepared By: Dennis Koellermeier Dept Head Approval: K City Mgr Approval OP~C* CA4 ISSUE BEFORE THE COUNCIL Staff is seeking Council direction on reinstating funds for the remodel/relocation project. STAFF RECOMMENDATION The Council direct staff to prepare a budget amendment reinstating funds for the remodel/relocation project. KEY FACTS AND INFORMATION SUMMARY ■ The remodel/relocation project has been underway since 2004. This project was budgeted, though not completed, in FY'05/'06. ■ The Budget Committee removed the funds from the budget and placed them in contingency to complete this project in FY `06/'07 and directed staff to return to the Council with more information. ■ One of the urban renewal catalyst projects calls for a new intersection at Ash Drive and Burnham Street. The public works annex, located at this intersection, is slated for demolition as part of the project. Eight staff members are currently housed in this building. ■ The proposed project would: - Make way for one of the first urban renewal projects, allowing for the demolition of the annex, by providing a work space for staff currently housed in this building. - Consolidate administrative staff in a single, modern building. - Provide park and street staff, operating out of the public works yard, with ADA compliant restroom and lunchroom facilities. - Get the City one step closer to vacating the public works office/operations complex for urban renewal projects. - Provide funding to accomplish water building upgrades, allowing the City to make good use of a partially vacant, relatively modern facility. - Save the City about $25,000 annually in rented storage space. OTHER ALTERNATIVES CONSIDERED The Council could choose not to reinstate funding, in which case the City will need to delay the Ash Drive/Burnham Street urban renewal project or find some other location to house the eight employees currently, working in the annex. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT 2006 Tigard City Council Goal #2: Implement Downtown Plan Implement catalyst projects including improvements to Burnham Street and identify and purchase land for a downtown public gathering place ATTACHMENT LIST 1. Memo from Dennis Koellermeier to Craig Prosser dated July 3, 2006 Public Works Department Facility Needs Analysis, Executive Summary FISCAL NOTES The estimated cost of the remodel/relocation project is $630,000. If Council wishes to complete the project, staff will prepare a budget amendment funding the project. As directed by the Budget Committee, designated contingencies were established in the sanitary sewer, stormwater, and water funds. The budget amendment will transfer the appropriations out of the designated contingencies and into the capital improvement budgets for each fund. The cost of the project will be split between the three funds as follows: water fund - $400,000, sanitary sewer fund - $130,000, and the stormwater fund - $100,000. 1~ Attachment 1 71 MEMORANDUM TIGARD TO: Craig Prosser, City Manager FROM: Dennis Koellermeier, Public Works Director RE: Reinstating Funds to Remodel Water Building DATE: July 3, 2006 In the proposed FY '06/'07 budget process, the Public Works Department requested funds to remodel and subsequently relocate some staff to the water building. The Budget Committee restricted the funds for this project, but authorized Council to reconsider this decision should it wish to do so. I am requesting the Council revisit this decision. The current proposal allows for the annex to be vacated and the partially vacant water building to be completely utilized. The current public work's yard will be used by park and street staff. The remodel/relocation project will accomplish the following: Issue Current Proposal ■ The public works annex building is scheduled Provides building upgrades to for demolition in FY '06/'07 or '07/'08 to create a functional work space for accommodate an urban renewal project, a new staff displaced by the annex intersection at Ash Avenue and Burnham demolition. Street. Demolishing the building will displace eight staff members. The only space available for relocation is the water building, but this building requires upgrades before it can be used as a functional works ace. ■ The Public Works Department is currently Consolidates administrative staff in spread over three locations, an arrangement a single location and eliminates one that is cumbersome and inefficient. of three existing locations. ■ The current public works office/operations Relocates staff from an outdated complex is not ADA compliant and has building into a modern building inadequate heating and ventilation systems. that requires only minor upgrades Along with a seismic upgrade, the building also in order to meet current building requires plumbing, accessibility and interior standards and provides staff upgrades in order for it to meet current remaining in the yard with ADA standards. For this reason, some department compliant restroom and functions, such as the computerized water lunchroom facilities. control system, have already been relocated to the water building. ■ In the urban renewal plan, the current location Gets the City one step closer to of the public works office/operations complex vacating the public works is slated for high density housing. Situated next office/operations complex. to Fanno Creek Park, the site is expected to become rime, developable property. ■ The majority of the water building has been Provides funding to accomplish vacant since the Finance Department moved to upgrades, allowing the City to City Hall following the renovation of the old make good use of a partially library. vacant, relatively modern facility. ■ Should the remodel and relocation take place, Saves the City about $25,000 the vacant public works office/operations annually in rented storage space. complex will be temporarily used as storage for records and police evidence until urban renewal activities necessitate the City completely vacate the property. ■ The FY '06/'07 budget request was a Will allocate funds in the proposed continuation of the remodel project which has FY '06/'07 for the completion of been underway since 2004. This project was the remodel/relocation project. budgeted, though not completed, in FY '05/'06. The Public Works Department retained an architect and has conducted a facility needs analysis. Facility Needs Analysis Highlights of the facility needs analysis are as follows: ■ Currently, the Public Works Department is spread across three sites totaling 7.07 acres. These facilities support 65 personnel, provide 14,375 square feet of office space and 13,045 square feet of shop space. ■ Under ideal conditions, the Public Works Department requires a facility of approximately 8 acres, with 12,600 square feet of office space and 15,000 square feet of shop space. ■ None of the three existing sites are large enough to handle a consolidated facility. ■ In addition, the two Ash Avenue sites will ultimately be needed for urban renewal projects, with the public works annex slated for demolition in the next year or so. The analysis concludes, as an interim solution to a new facility, park and street staff should be assigned to a portion of the current public works office/ operations complex, while administrative staff should be assigned to the water building. The study assumes the annex will be vacated at the earliest opportunity. A copy of the Executive Summary of the Facility Needs Analysis is attached. Scope of the Remodel The work associated with the project will consist of the following: ■ Replace the current HVAC system, since existing equipment is at end of its useful life (20 plus years old). This work was already planned in the facilities five-year forecast and is being tied to the proposed remodel project since there may be some cost savings to do the remodel and upgrades at the same time. ■ Provide minimal ADA upgrades to restrooms ■ Install computer/ communications cabling ■ Paint ■ Replace carpet and floor tiles ■ Design and install partition systems purchased at state auction ■ Replace some lighting for energy efficiency ■ Consider other energy efficiency modifications ■ Install a trailer at the existing public works office/operations complex to provide an ADA compliant restroom and lunchroom facilities Recommended Action I recommend the City fund this project in the FY'06/'07 budget. If Council concurs, staff will prepare a Council budget amendment to fund the project. As directed by the Budget Committee, designated contingencies were established in the sanitary sewer, stormwater, and water funds, should Council decide to complete the project. The budget amendment will transfer the appropriations out of the designated contingencies and into the capital improvement budgets for each fund. The cost of the project will be split between the three funds as follows: water fund - $400,000, sanitary sewer fund - $130,000, and the stormwater fund - $100,000. Executive Summary The following is a synopsis of the data compiled and an overview of the findings of this Facil- ity Needs Analysis. This summary is divided into major categories of Existing Conditions, Ideal Conditions, Options Developed and Interim Proposed Solution. Existing Conditions The existing Public Works Department is comprised of 66 full time positions and 4 seasonal staff. The staff is distributed among multiple buildings at three sites, the Public Works Office and Yard, Public Works Annex and the Water Building. The total available area at the three sites totals 7.7 acres of total property including 14,375 SF of Office Space, 13,045 SF of Warehouse/Shop Space. Summarized as follows: Location Site Are # of Staff Office Shop Space Space Public Works Yard 3.27 Acres 21 2975 sf 5475 sf Public Works Annex .35 Acres 8 1640 sf 0 Water Building 4.04 Acres 26 9760 sf' 7570 sf TOTAL 7.07 Acres 14,375 sf 13,045 sf 'Water Building office space is only partially utilized by Public Works, rest of the building was recently vacated by staff move to City Hall. All other areas noted are utilized 100% by Public Works. Public Works Office and Yard: The Warehouse and Yard areas serve the needs of the Parks and Streets departments. The open space is adequate for these departments, well organized and maintained. Parking is adequate and the location is centralized in the City. The Ware- house buildings house some staff offices that may not be code compliant and lack adequate ventilation, accessibility, and seismic protection. The Office Building serves administrative staff space needs, as well as field crew, lunch and shower areas. It also houses the SCADA equipment. The second floor offices are an inef- ficient use of space for staff positions and are not handicap accessible. This building is well maintained but due to the buildings age, the Heating/Ventilation systems are inadequate. Other systems in need of upgrade or replacement to bring up to current standards include the plumbing, accessibility and interior finishes. Though the building structure is in generally good condition, it would not withstand a significant seismic event. Public Works Annex: This building was not studied in detail as it is assumed that it will be vacated at the earliest opportunity. This former residence meets the current space needs of the balance of the administrative department but the layout of individual rooms as offices is inefficient. The quality of the lighting and mechanical systems and interior finishes are not up to current standards. The building roof and exterior is deteriorating and in need of upgrade or replacement. This entire site area is subject to street realignment and may not be available for future use. Water Building: This building is modern compared to the Annex and Yard structures. The spaces are in very good condition and well maintained. The open space is well laid out and includes amenities not. included at the older yard including a fuel station and a compliant City of Tigard Public Works Department Facility Needs Analysis n r c h i r e c r s i n r. equipment cleaning area with proper drainage. The office building provides a combination of open office spaces and private offices and will allow an efficient furniture layout. A large public meeting room is available and is shared with other departments and serves as the Emergency Operations Center for the City. The locker room includes mud rooms, showers and a dry room, but they are small and accommoda- tion for female staff is minimal. The electrical system includes emergency power systems and adequate service for most uses. The mechanical system appears to be at the end of its useful life and will require some upgrade as part of any renovation. The exterior appearance of this building is a modern and well maintained masonry building that is holding up well. Parking is adequate and is located at a highly visible intersection, yet the yard areas are screened by low walls to maintain an organized appearance. Ideal Conditions Based on questionnaires, staff interviews and comparisons to similar Public Works depart- ments, an ideal space program was developed with staffing projections in five and ten year increments. Noted below is a summary of the required space including total recommended site area, projected number of staff, and estimated area for Office and Shop/Warehouse Space. It was a general concensus among staff that the ideal situation would be one site that housed all Public Works functions. The current location, near to City Hall and centrally located is preferred, but is not vital. Location Site Are #of Staff Office Shop Space Space Public Works Yard 8.0 Acres 66 12,600 sf 15,000 sf A rough comparison with similar sized Public Works Departments shows that the ideal facility needs program is in line with industry standards. city Population Staff Stie Area Tigard 45,500 66 8 Ac Albany 43,000 102 5 Ac / 1 Site Corvallis 50,100 113 27 Ac / 1 Site Lake Oswego 36,000 43 6.35 Ac / 1 Site Kirklan, WA 45,500 80 48 Ac / 2 Sites Olympia, WA 44,000 .215` 11 Ac / 4 Sites Redmond, WA 46,400 150 7 Ac / 1 Site `Includes transportation departments Options Developed After determining the ideal conditions, several options were tested to determine feasibility. It was a general consensus that the Water Building site alone is not adequate to accommodate the ideal conditions. The Water Buildings can be expanded to consolidate staff, but the Yard is not able to adequately serve the needs of the City without acquiring additional property. 1 The site is locked by the rail line to the north, public roads to the east and south, and the fire station property to the west. If additional contiguous property could be found to the west of the fire station, it is possible that the Water Building site could meet the ideal conditions, however, this does not align with the City's Downtown Improvement Plan. Two general sets of options were reviewed. Options 1 and 2 are slight variations based on the expansion of the Water Building to accommodate all staff, but will require that the Yard area remain in service. The Office can be re-used for purposes other than staff. These options open the Annex building to be re-used or sold. Options 3 and 4 are variations based on the staff remaining divided between the Office/Yard and Water site, but consolidates the Annex staff into the Water Building. These are considered to be the minimal required to improve the efficiency of the Department and are relatively cost effective as short term solutions. No expansion of the Water Building is required. These op- tions allow the Annex Building to be re-used or sold. The Ideal Option, reflects comments noted above and provides pricing for the option of build- ing an entirely new complex on a new site or adequate expansion of the Water Building site. All costs below are based on current conditions and will increase by a factor of 3 to 4% for every year projected. The costs are for construction and soft costs only and do not include land purchase. Cons Cost LOpfion Pros 1 - Expand WB to ac- Consolidates all staff; Limited space for future $1,706,458 commodate all PW staff Frees up Yard and growth;lnadequate yard Annex for other use area or sale 2 - Expand WB to ac- Consolidates majority Rebuild fleet at Yard loca- $1,631,318 commodate all except of staff; Frees up Yard tion; Inadequate space for Fleet and Annex for other future growth;lnadequate use or sale yard area 3 - Parks and Streets Annex is vacated; Wa- Does not consolidate all $495,508 stay at Yard ter Bldg is completely staff.; Operating costs at utilized Yard are maintained 4 - Parks and Streets Annex is vacated; Of- Does not consolidate all $565,656 stay at Yard and con- fice is vacated; Water staff.; Operating costs at solidate in Shop Space Bldg is completely Yard are maintained utilized Ideal - Purchase new Sell off existing Yard Highest initial cost; Short- $5,750,000 if new standalone property or and Annex Building, age of adequate sized site$2,735,000 purchase contiguous Lower operating cost parcels in Tigard ifWater Bldg site property to Water Bldg site Interim Proposed Solution Options Three and Four are being evaluated for an interim proposed solution. City of Tigard Public Works Department Facility Needs Analysis , n rch ilec fs in r. Agenda Item # 5-/1(X, e5slo/L Meeting Date Tuly 18,2&6 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Revisions to the Tigard Municipal Code Incorporating a Right-of-Way Usage Fee Prepared By: Nancy Werner Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL Discuss revising the Municipal Code to incorporate a right-of-way usage fee and change the franchise requirement. STAFF RECOMMENDATION Provide staff with direction on revising the Municipal Code to incorporate a right-of-way usage fee and change the franchise requirements. KEY FACTS AND INFORMATION SUMMARY In discussions with Council on December 13, 2005 and May 16, 2006, Council directed staff to draft amendments to the Tigard Municipal Code to incorporate a right-of-way usage fee ("ROW Fee") that would apply to utilities using the rights-of-way to the extent the utility is not paying franchise fees. Staff has been working on these revisions with the City Attorney, and we have recognized two issues the Council should consider before a hearing on the amendments. 1. Elimination of Franchise Requirement: The City currently requires private utilities using the rights-of-way to receive a franchise from the City. Staff recommends that this requirement be amended to allow, but not require, a franchise. Utilities using or desiring to use the rights-of-way could choose from three options: (1) No franchise, and thus be bound by the relevant Code provisions; (2) Sign a standard franchise, which would be essentially the same as the Code provisions; or (3) Negotiate a franchise, the terms of which may vary from the Code provisions. Staff believes this approach is preferable to the franchise requirement because it ensures that utilities using the rights-of- way without a franchise are subject to the Code, and the City would not be required to enforce a franchise requirement on a utility that is otherwise acting consistent with the Code provisions (e.g., obtaining permits, paying the ROW Fee). 2. ROW Fee Rate for Electric Utilities: Council directed staff to implement a ROW Fee at the same rate as current franchise fee rates so that the ROW Fee would be revenue neutral (because franchise fees would be deducted from the ROW Fee). The current franchise fee rate for PGE is 3.5%. NW Natural and all other utilities are at 5%. In comments on draft amendments to the Code, counsel for NW Natural noted that gas and electric utilities are competitors and thus a lower ROW Fee for electric utilities gives PGE a competitive advantage. Staff recommends that Council consider a ROW Fee of 5% for electric utilities to eliminate this concern. This would result in the same ROW Fee rate for all utilities. It also would generate additional revenue to the City, although PGE likely will pass the additional 1.5% fee on to customers as a municipal tax or fee on their electric bill. (Under Oregon Administrative Rules, electric utilities may separately list the portion of a franchise fee or related tax over 3.5% as a municipal tax on customers' bills. Gas utilities may separately list any portion over 3%, so there is a history of treating gas and electric utilities differently in this area.) The alternatives are to: (1) leave the ROW Fee at the same level as the current franchise fee rate regardless of the discrepancy between electric and the other utilities, or (2) lower the gas ROW Fee to 3.5%, which is less than the 5% franchise fee agreed to by NW Natural and likely would result in a loss of revenue upon the expiration of NW Natural's franchise in 2014. OTHER ALTERNATIVES CONSIDERED N/A COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The ROW Fee would contribute to the Council Goal to "Stabilize Financial Picture" and the Tigard Beyond Tomorrow goal to "Identify and Develop Funding Resources" for Transportation and Traffic by ensuring continued payment for use of the rights-of-way and, if the electric ROW Fee is increased to 5%, providing additional revenue that would be available to the General Fund, or which could supplement other funding resources for improvements to City streets. ATTACHMENT LIST None. FISCAL NOTES Implementing the ROW Fee for electric utilities at 5% would generate an estimated $540,000 per year in additional revenue for the City. Lowering the gas ROW Fee to 3.5% would result in an estimated loss of $246,785 per year after the expiration of NW Natural's franchise, based on FY2005-06 franchise fee payments from NW Natural. I MEMORANDUM TO. Craig Prosser, City Manager FROM: Tom Coffee, Interim CD Director i RE: Quello House Use Question DATE: July 13, 2006 Councilor Sally Handing recently suggested that the City should allow the use of the Quello House (and presumably other similar houses) for events on a rental basis. To allow such activities, the Qty would have to amend the Development Code to permit what would be a commercial use in residential zones. This could be accomplished through a conditional use process. Such a proposal for this specific property was considered in 2000. The property owner applied for a code amendment to allow weddings and bed and breakfasts in historic overlay zones as a conditional use. The Planning Commission voted 6 to 2 to recommend denial of the proposed code amendment to the City Council. Their reasons included: the lack of historic properties, not an appropriate use in residential zones, and neighborhood opposition. In August 2000, the City council voted unanimously to deny the proposed amendment. In 2002, the Planning Commission reconsidered the need for a code amendment for bed and breakfasts and unanimously chose not to proceed with amending the Code because: their was "no public outcry" for B&B's, concern for commercial activity in residential zones and they felt that the costs of preparing and processing a code amendment should be borne by Those who desired to have such a use. Further action on this proposal would require direction from Council to initiate a Code amendment." I i AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing - County Administrators Office (CPO 4B) Agenda Title: CONSIDER THE PROPOSED INCORPORATION OF THE CITY OF BULL MOUNTAIN (CASEFH E WA-3106) Presented by: Robert Davis, County Administrator SUMMARY: On May 30, 2006 the Bull Mountain Residents for Incorporation filed a petition concerning the formation of the new city of Bull Mountain. The petition requests that the County place the incorporation on the November 7, 2006 General Election ballot. . The proposed city is generally located east of Roy Rogers Road, north of Beef Bend Road, west of the current city limits of Tigard, and south of Scholls Ferry/Barrows Road (see Exhibit A). The proposed new city encompasses approximately 1,869 acres, the majority of which is located within the Regional Urban Growth Boundary (UGB). The proposed new city also includes UGB expansion Areas 63 and 64, which were added to the Regional UGB in 2002. On June 6, 2006 the Board scheduled two public hearings on the proposed petition (WA-3106). The public hearings are scheduled for July 25, 2006 at 6:30 PM and August 1, 2006 at 10:00 AM. On August 0. the Board may issue a decision or continue its review to August 8 h at 10:00 AM for a decision and, if necessary, to August 9t' at 10:00 AM. Approval of the petition would allow the incorporation to be placed on the November 7th ballot. Notice of today's hearing has been made in accordance with state law and Metro Code requirements. The staff report (File Number: WA-3106) will be provided to you under separate cover prior to the initial public hearing and will also be available at the clerk's desk. Attachments: Map of proposed boundary (Exhibit A) DEPARTMENT'S REOUESTED ACTION: Conduct the fast public hearing. At the conclusion of public testimony, continue the hearing to August 1, 2006 at 10:00 AM. COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested action. Agenda Item No. 3.a. Date: 7/25/06 EXHIBIT A All Illy t ~ a. • ~ t ~i~` y 7 ~ 1?~i *r eta y BE~4E RT®N _a~ z BULL MOUNTAIN t Proposed City Boundary AF25 tR rt2 %Y ' OlL-g FERRY BARRO• WS ~ ~ ~ 8 ~ o > gCF1 • 'r , • u Y~ v Bull Mountain (Proposed City) y Y L 7 + MK3 Proposed City Boundary ry ` ° ~ x`~k ® UGB Expansion Areas (2002) ZENr y Af L II''~TI GSA RED .A Current Urban Growth Boundary Area~64 'R}2` a 5yy; Incorporated Urban Areas d z ` ALE, y t 2 _ ~~s' Isc :l Existing Cities A s mxr ; MA Unincorporated Areas { Land Use Designations f $,c AF5-Agriculture and Forestry AF10-Agriculture and Forest aF vm. " - AF20-Agriculture and Forest ~ .fiet~+k K . k EFU- Exclusive Faun Use BULL MOUNTAIN " ~ t ? o INST- Institutional R6- Residential v a°s RRS-Rural Residential r - r'• to ~r+~ I ys~` W M yI,v+a$~~j o W D r' : Y .n W ~ M..:. • ~.:i EFU Area 63 M a i N EFU BEEF g~N: I N ST 0 0.25 0.5 BEEF BENb ;}r' R6 h Mmes AF10 - _ EFU AF5 RR5 roTON G IS KING CITY' Geographic Information _ .3% Systems oxeoo>• i . y MEETING FIGARD ARD CITY COUNCIL '2006 6:30 p.m. CITY HALL 125 SW HALL BLVD ° . TIGARD, OR 97223 DRAFT PUBLIC NOTICE: To request to speak to the City Council: ➢ Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). ➢ If no sheet is available for the agenda item you would like to address, sign the Citizen Communication sign-in sheet and ask the Mayor if you may speak to the Council when that agenda item is considered. ➢ For Citizen Communication items regarding items not on the agenda, citizens are asked keep their remarks to two minutes or less. Longer matters can be set for a future Agenda by contacting the Mayor or the City Manager. ➢ If you need assistance determining how to sign in, please speak to the staff greeter who will be near the entry to the Town Hall before the Council meeting. 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 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deao. SEE ATTACHED AGENDA COUNCIL AGENDA - , 2006 page 1 WerrSeSS~ o ~ Proposed Incorporation of Bull Mountain Provided below is a table that summarizes the hearing schedule of the incorporation proposal (WA - 3106), Ordinance No. 666 and the proposed amendments to the Tigard Urban Service Agreement. A summary of the incorporation review criteria is provided after the schedule. Schedule of Key Events I Board hearing for WA - 3106 July 25 • Only date property can be added to the boundary if the property owner isn't resent Planning Commission hearing for Ordinance 666 July 26 1" Board hearing for Ordinance 666 August 1 • Staff's recommendation is to engross the ordinance to amend the Tigard UPAA and the Bull Mt. Community Plan Board considers proposed amendments to the Tigard Urban Service Agreement (not a August 1 public hearing) • May continue to August 8b 2° public hearing WA - 3106 August 1 • Last opportunity to adjust the proposed city boundary so that the legal description can be prepared Public hearing for A-Engrossed Ordinance 666 August 8 • Adopt or reject ordinance If necessary, the Board considers proposed amendments to the Tigard Urban Service August 8 Agreement (not a public hearing) • Adopt or reject proposed changes 3 Board hearing for WA - 3106 August 8 • Make final decision; or Make tentative decision about the petition and continue to August 9th If needed, last date the Board may act on WA - 3106 August 9 Final date to adopt the ballot ti tle for WA - 3106 August 9 July 18, Board of Commissioners Worksession Summary of Key Incorporation Review Criteria 1. Incorporation is a land use decision. The Board must determine whether it meets the relevant standards of the county's Comprehensive Plan and the Metro Code. Staff also recommends that the feasibility of compliance with the statewide goals be addressed. 2. It is staff's opinion that the incorporation must be consistent with the Washington County - Tigard Urban Planning Area Agreement and the Tigard Urban Services Agreement. Appropriate changes to those agreements have been prepared and should be adopted if the Board decides the incorporation should proceed, if not, the amendments are unnecessary. 3. The petition may be rejected if a neighboring city objects that the proposal will adversely affect the city. 4. There is no definition of "benefit" under state law. The Board may exercise its judgement in deciding what property will benefit from incorporation. The Board may add property to the boundary that it deems will benefit, but notice must be given if the property owner isn't present at the hearing. The Board may delete property it deems will not benefit, but may not reject the petition by concluding that no land benefits. 5. Land outside the UGB must be removed from the proposal as required by the statute. 6. The Board may not alter the proposed tax rate, which is $2.84. wpshare\Board Bull MG issuest.Schedule of key events_7-17-06 July 18, Board of Commissioners Worksession Washington County Board of Commissioners Meeting Agenda 07-25-06 Pagel of 3 Washington County, Oregon Board of Commissioners last update. July 17, 2006 Meeting Notice Washington County Board of Commissioners July 25, 2006 6:30 p.m. CHAIRMAN VICE CHAIR COMMISSIONER COMMISSIONER COMMISSIONER TOM BRIAN JOHN LEEPER DICK SCHOUTEN ROY ROGERS ANDY DUYCK The Board of Commissioners will meet for a general Board Agenda worksession in Room 140 of the Public Services Building Worksession Agenda at 2:00 p.m. Meeting Schedules and Procedures Meeting Calendar The Board of County Commissioners of Washington County, as the governing body of Washington County, the Housing Authority and all County service districts for which this Board so acts, will meet for its regular Board meeting in the Shirley Huffman Auditorium of the Public Services Building at 6:30 p.m. All public meetings are recorded. The agenda items listed below are provided in Adobe Acrobat PDF format. The latest free Acrobat reader may be downloaded from: www.adobe.comiproducts/acrobat/readstep.htmi. Board of Commissioners Agenda i' TABLE OF CONTENTS (PDF, 409K) 1. CONSENT AGENDA The items on the Consent Agenda are considered routine and will all be adopted in one motion unless a Board member or person in the audience requests, before the vote on the motion, to have the item considered separately. If any item is removed from the Consent Agenda, the Chairman will indicate when it will be discussed in the regular agenda. A list of Consent Agenda items is included at the end of the agenda packet. 2. ORAL COMMUNICATION Limited to two minutes per individual; ten minutes total. 3. PUBLIC HEARING - COUNTY ADMINISTRATIVE OFFICE http://www.co.washington.or.us/deptmts/cao/bd comm/agenda06/ag072506.htm 7/18/2006 Washington County Board of Commissioners Meeting Agenda 07-25-06 Page 2 of 3 a. Consider the Proposed Incorporation of the City of Bull Mountain (CPO 9 4B) (PDF, 11 KB) (PDF, 11 KB) 4. COUNTY COUNSEL a. Introduction and First Reading of Proposed Ordinance No. 665. An 11 Ordinance Adopting Title 14 of the Washington County Code, Relating to Buildings and Construction, and Chapter 15.08 of the Washington County Code, Relating to Roads for the Unincorporated Community in the Bull Mountain and West Tigard Community Plan Areas (CPO 4) (PDF, 10 KB) 5. ORAL COMMUNICATION 6. BOARD ANNOUNCEMENTS 7. ADJOURNMENT CONSENT AGENDA CLEAN WATER SERVICES a. Authorize General Manager to Sign Insurance Contracts for Fiscal Year 13 2007 Non-Represented Employee Benefit Program (PDF, 22 KB) LAND USE AND TRANSPORTATION b. Execute Deeds Dedicating County-Owned Property to the Public as 15 Right-of-Way for the Baseline Road/201 st to 231 st - Phase 3 Project (CPO 6,7,9) (PDF, 11 KB) C. Approve Declaration of Necessity and Protective Rent Payments for 27 Right-of-Way Acquisition for the Gales Creek-David Hill Intersection Project (CPO 12) (PDF, 11 KB) (PDF, 11 KB) d. Approve Agreement Between Washington County and the City of 33 Sherwood (CPO 5) (PDF, 13 KB) (PDF, 12 KB) SHERIFF'S OFFICE e. Approval of Agreement with the Hillsboro School District (PDF, 11 KB) 35 SUPPORT SERVICES f. Amend Contract/Increase Expenditure Authority for Telecommunications 37 Cable and Infrastructure Upgrade Project (PDF, 15 KB) g. Award Contracts/In Home and Personal Care Services for Elderly 39 Residents of the County (PDF, 14 KB) h. Accept Bids/Award Contracts for Asphaltic Concrete (PDF, 15 KB) 41 http://www.co.washington.or.us/deptmts/Cao/bd comm/agendaO6/agO72506.htrn 7/18/2006 Washington County Board of Commissioners Meeting Agenda 07-25-06 Page 3 of 3 i. Amend Contract/Increase Expenditure Authority for Purchase and 43 Installation of Carpet (PDF, 11 KB) j. Scheduling Public Hearing for Transfer of Willow Creek West Park to. 45 City of Hillsboro (CPO 6) (PDF, 13 KB) (PDF, 151 KB) SERVICE DISTRICT FOR LIGHTING NO.1 k. Form Assessment Area, Authorize Maximum Annual Assessment, and 49 Impose a First Year Assessment for Johnson Street Condos (CPO 6) (PDF, 55 KB) 1. Form Assessment Area, Authorize Maximum Annual Assessment, and 59 Impose a First Year Assessment for Johnson Street Condos No. 2 (CPO 6) (PDF, 55 KB) Board of Commissioners Meeting Calendar Tuesday, July 25, 2006 Worksession - 2:00 p.m. Board Meeting - 6:30 p.m. Tuesday, August 1, 2006 Worksession - 8:30 a.m. Board Meeting - 10:00 a.m. Tuesday, August 8, 2006 Extended Worksession - 8:30 a.m. Tuesday, August 15, 2006 Extended Worksession - 8:30 a.m. Washington County Phone: 503-846-8681 Administrative Office Fax: 503-846-4545 155 N. First Avenue, Suite 300 E-Mail: cao(a,co. washington. or. us Hillsboro, OR 97124 Home Board of Subject page Commissioners Index http://www.co.washington.or.us/deptmts/caoibd comm/agendaO6/agO72506.htm 7/18/2006 TIGARD CITY COUNCIL MEETING IINNI , 2006 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: To request to speak to the City Council: ➢ Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). ➢ If no sheet is available for the agenda item you would like to address, sign the Citizen Communication sign-in sheet and ask the Mayor if you may speak to the Council when that agenda item is considered. ➢ For Citizen Communication items regarding items not on the agenda, citizens are asked keep their remarks to two minutes or less. Longer matters can be set for a future Agenda by contacting the Mayor or the City Manager. ➢ If you need assistance determining how to sign in, please speak to the staff greeter who will be near the entry to the Town Hall before the Council meeting. 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 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - , 2006 page 1 FWAGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: July 18, 2006 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. 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 ' , / I CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address/"5'~)- City State Zip 2- 2-~> Phone No. J--d'-3 Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION CITY OF TIGARD, OREGO RESOLUTION NO. 06- A RESOLUTION APPOINTING A MEMBER TO THE CITY CENTER ADVISORY COMMISSION WHEREAS, City Council established goals for 2006 that includes "Implement the Downtown Plan"; and WHEREAS, in May 2006, Tigard voters approved Urban Renewal and Tax Increment Financing for use in the Downtown; and WHEREAS, the Tigard Municipal Code calls for a City Center Advisory Commission composed of 7-12 members, to advise and assist the City's Urban Renewal Agency; and WHEREAS, the City Center Advisory Commission will be actively involved in the implementation of the City Center Urban Renewal Plan, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that; SECTION 1: The following representative is appointed to the City Center Advisory Commission: Alexander Craghead SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2006. Mayor - City of Tigard RESOLUTION NO. 06 Page 1 of 1 Citizen Communications For follow-up on July 18, 2006 referencing the July 11 communications received: • Jeanette Slepian, 16020 SW 146"' Avenue, Tigard, OR 97224 signed in; however, she was not present during the Citizen Communications portion of the agenda. Ms. Slepian returned to the Council Chambers and approached the testimony desk when the Mayor called for Agenda Item No. 8: Comments to Washington County Commissioners Regarding Proposed Bull Mountain Incorporation. The Mayor, City Attorney, and Assistant City Manager explained no public testimony was required for this agenda item and the Mayor declined to allow testimony. Ms. Slepian objected noting the published agenda appears to state that persons will be allowed to testify. City Attorney Ramis clarified that a person has the right to observe the City Council discussion; however, allowing public testimony for this matter is not an obligation of the City Council. • Lisa Hamilton-Treick, noted her concerns with the procedure for tonight's meeting. She said she was unclear when they would have the opportunity to comment and also was concerned about a map showing Tigard-owned properties within the proposed new incorporated City of Bull Mountain. She said this new information significantly impacts residents in the unincorporated Bull Mountain area. Discussion followed. The position to be represented to the Washington County Board of Commissioners does not differ from what the Tigard City Council has said publicly all along. In response to a question from Ms. Hamilton-Treick, Councilor Woodruff said the Council position will continue to be to consider annexation of properties when the property owner requests annexation. City Attorney Ramis added that, in fact, the City Council is obligated to hear the case for annexation when such a request is made. Ms. Hamilton-Treick reiterated her disappointment in the process and the change in the boundaries when it is so close to possibly going out to a vote. Mayor Dirksen noted the Tigard City Council must continue to represent the citizens who voted for them. • Madeline Utz, 14880 SW 133`d Avenue, Tigard, OR advised she served for many years as a volunteer to the Tigard Library. She referred to a reciprocal agreement the City has with the Washington County Cooperative Library Service. She said she cannot understand why it is such an issue for Bull Mountain residents to use the Tigard Library and she noted that residents of Durham and King City use the library also. She said she is tired of hearing that Bull Mountain residents should not be using the library. She said that because of the high assessed values of properties on Bull Mountain, the residents there are paying a good share of the operating costs. Mayor Dirksen noted that he did not say people were not welcome to use the library, but paying a fair share is of concern. He noted that about 9 percent of the operating revenue comes from unincorporated Bull Mountain; however, 20 percent of the population uses the library. When the population of Bull Mountain was relatively low, the impact was low. The area has continued to develop, which means increased impact on facilities. Ms. Utz noted there is a fee for a card in Multnomah County and, perhaps, the City of Tigard should explore this with the Cooperative. She noted she now uses the City of Lake Oswego Library because she feels unwelcome in Tigard. is\adm\cathy\ccm\citizen communication follow up\060718.doc Agenda Item # V/1 / Meeting Date July 18.2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve Workers' Compensation Volunteer Coverage through CCIS Prepared By: Loreen Mills Dept Head Okay City Mgr Okay F-. ISSUE BEFORE THE COUNCIL Should the City continue to provide workers compensation insurance to volunteers to protect them if they are injured during their volunteer work time? STAFF RECOMMENDATION Approve resolution to provide workers' compensation benefits to City volunteers. KEY FACTS AND INFORMATION SUMMARY ■ Protect City volunteers by providing Workers' Compensation Insurance for them when they volunteer ■ Workers compensation insurance is less costly and provides more benefits than health insurance • City Council has placed high value on volunteers and the volunteer program and has provided this coverage for several years to protect them if they are injured during volunteer work. ■ Oregon law requires cities decide whether workers' compensation insurance will be provided to volunteers (ORS 656.031). ■ City County Insurance Services requires Council adopt a resolution annually to provide volunteers with workers' comp coverage. OTHER ALTERNATIVES CONSIDERED ■ Provide health care coverage and accidental death & dismemberment insurance rather than workers' compensation insurance for volunteers. (Health & accidental death/ dismemberment insurances are too expensive and would provide less coverage for volunteers than workers' comp coverage.) COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goal - Stabilize Financial Picture. This action reduces the City's liability exposure by insuring volunteers if they are injured during their volunteer activity. ATTACHMENT LIST ■ Resolution ■ Exhibit A - listing of volunteers and assumed wages used to purchase insurance benefits. FISCAL NOTES Workers compensation insurance premiums for volunteers are in the 06/07 fiscal year budget. About $10,000 of the City's workers comp premium provides coverage for City volunteers. Tigard Resolution No. 06- Exhibit A Volunteer Pro ram - 2006-2007 Workers Com Insurance Renewal Volunteers Volunteer Time Assumed Anticipated Anticipated Wage (per Position title WC Code (number of) (in hours) hour) Notes $2,500/ Boards & Committees 8742V N/A N/A board/yr Board Meetings & travel to field sites Building Maintenance 9015V 4 4 $7.50 Room set up & tear down, general cleaning Car Transport 8380V 0 0 $7.50 Fleet vehicles to other locations for testing/repairs $800/ CERT Volunteers month/ Training & Activation 7720V 20 1000 member Initial training & activation $800/ month/ City Council & Mayor 8742V 5 1040 member Council Meetings Earth Day, Make A Difference Day, etc. Includes planting trees, library shelf cleaning, community cleanup, street Citywide Celebrations 9402V 250 450 $7.50 cleanup patrols Supervision of community service, PEER Court & Municipal Community Service Supervisors 7720V 9 410 $7.50 Court work crews/individuals. DARE Camp Supervisors 9015V 60 4800 $7.50 Mentoring kids at camp (does NOT include driving) Door to Door Distribution 9410V 5 50 $7.50 Delivery of brochures/door hangers Election Ballot Collectors 9410V 5 10 $7.50 Collecting ballots at drive-up collection point (not ROW) Prepairs & distributes project advance notices - No driving Engineering Project Notice Asst. 8742V 1 96 $7.50 allowed (rides in City rig with City EE driving) Painting over graffiti on bldgs (not ROW). City provides Graffiti Removal Maintenance 5474V 12 60 $7.50 paint, brushes, cleaning solvent Graphics Art Designer (Design) 8810V 1 40 $7.50 Working in office setting or in the home. Graphics Art Designer (Painting Design on Trailer) 9505V 0 0 $7.50 Installing art by painting trailer - no ladder work. Grant Writer Assistants (Indoors Only) 8810V 2 100 $7.50 Working in office setting or in the home. Grant Writer Assistants (Field Work Only) 8742V 0 0 $7.50 Working in the field = site visits Juvenile Court Offenders 7720V 50 200 $7.50 Juveniles from Municipal Court providing community service All tasks in-house; check-in materials, shelving, data entry, Library Volunteers (No travel) 8810V 280 17500 $7.50 processing new materials, etc. Driving persona ve icles to homes of "shut ins" deliver Library Volunteers (Traveling) 7380V 12 500 $7.50 materials Page 1 of 2 LoreenlC:000UME-11Cathy.0001LOCALS-ffemplVolunteer WC Res Ex A 7-11-06 Last updated 7-11-06 Tigard Resolution No. 06- Exhibit A Volunteer Program - 2006-2007 Workers Comp Insurance Renewal Volunteers Volunteer Time Assumed Anticipated Anticipated Wage (per Position title WC Code (number of) (in hours) hour) Notes Office Assistance 8810V 27 1850 $7.50 Clerical type work assignments in administrative offices Painting Services (Interior) 5474V 10 100 $7.50 Bldg. interiors with latex paint & ladders Planting trees, blackberry removal, greenway cleanup, path clean up, trail maintenance. This code allows use of gas Park Landscape Maintenance 9102V 400 1500 $7.50 powered leaf blowers and reciprocating weed eaters. Teenagers serving as attorneys, jurors, clerks in court PEER Court Service 7720V 24 450 $7.50 room. Adults serving as judges and facilitation of process. Photographer 4361V 1 10 $7.50 Photographer indoors and outdoors - can use ladder Police Crime Prevention Support 8810V 1 120 $7.50 In office work only Police Crime Prevention Support 8742V 0 0 $7.50 Site visits Police Elder Victims Reassurance Program 8810V 0 0 $7.50 In office work only Reserve Police Officers 8411V 12 4500 $4100 Assumed wage is per month each Stenciling catch basins, Adopt-A-Creek program with weeding & limited trash removal & cleaning/painting water hydrants. This code allows use of gas powered leaf Storm/Water Maintenance 9402V 100 500 $7.50 blowers and reciprocating weed eaters. Roadside cleanup. This code allows use of gas powered Street Cleanup Program 9402V 100 600 $7.50 leaf blowers and reciprocating weed eaters. Driving personal vehicles to discover and remove illegal Temporary Sign Removal 9402V 4 80 $7.50 temporary signs. Traffic & Accident Data Coor. 8810V 1 200 $7.50 Data entry and work within office setting only Work within the ROW. Minimal traffic control & will require Traffic & Accident Data Coor. 5506V 0 0 $7.50 flagging training from certified COT staff member. Working in office setting or in the home translating Translators 8810V 2 80 $7.50 information from one language to another. 15 Boards, Committees & Task Forces - WC Code 8742V Budget Committee, Building Appeals Board, Committee For Citizen Involvement, City Center Advisory Commission, Financial Strategies Task Force, Intergovernmental Water Board (2 or 3 members only; Tigard representatives and at-large member if appointed by City), Library Board, Mayor's Appointment Advisory Council, Park & Recreation Advisory Board, Planned Development Code Review Committee, Planning Commission, Streetscape Work Group, Transportation Financial Strategies Committee, Tree Board, Youth Forum Page 2 of 2 LoreenlC:IDOCUME-11Cathy.000ILOCALS-11TemplVolunteer WC Res Ex A 7-11-06 Last updated 7-11-06 Agenda Item # L 1 Meeting Date 7/18/06 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Amend Insurance Agent of Record Contract extending from three to a five year contract. 1 Prepared By: Loreen Mills Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL Should Council extend the Insurance Agent of Record contract from three to five years in length? STAFF RECOMMENDATION Motion to amend JBL&K contract on August 1, 2006 to extend the termination date from December 15, 2006 to December 12, 2008. KEY FACTS AND INFORMATION SUMMARY ■ JBL&K has been Insurance Agent of Record under current contract since 12/3/03 ■ JBL&K provides excellent service and manages our insurance programs with the insurance market ■ Current contract says the contract can be extended from 3 years to 5 years without going back out to bid. JLB&K continues to provide excellent service and helps the City save money on our insurance costs. The existing Council-approved contract with JBL&K says that if the City's purchasing rules were amended during the first three years of the contract to allow for five year contracts that this contract could be extended to five years. The City's purchasing rules were amended by City Council to allow for five year contracts. OTHER ALTERNATIVES CONSIDERED Don't extend the contract and require new bid process this year for Insurance Agent of Record. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None ATTACHMENT LIST Contract amendment. FISCAL NOTES The Insurance Agent of Record commission is reflected each year in Risk Management budget as part of the insurance costs. This change in the contract will not change the budgeted amount for insurance commissions or costs. CONTRACT AMENDMENT CITY OF TIGARD INSURANCE AGENT OF RECORD This Contract Amendment is entered into by and between the City of Tigard, a municipal corporation of the State of Oregon (City) and JBL&K Risk Services (Contractor) and amends that contract dated December 2"d, 2003 on file with the Tigard City Recorder as the Insurance Agent of Record Contract. Now, therefore, it is hereby agreed that Section 2B "Effective Date and Duration" provision of the Insurance Agent of Record Contract is amended as follows with underlined language being added: 2. EFFECTIVE DATE AND DURATION A. This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on December 15, 2006 except as- noted in paragraph B below. All work under this Agreement shall be completed prior to the expiration of this Agreement. B. Should the City's current purchasing rules be revised during the first three years of this contract to allow a five-year contract timeline for Agents, this contract may be extended to December 15, 2008 unless otherwise terminated. City amended purchasing rules to allow for a five-year contract for insurance broker services (as set out in Section 10.055A2 of the Ci of Tigard Purchasing Rules) therefore this contract is extended to December 15, 2008 unless otherwise terminated. This Amendment will commence on August 1, 2006 and will remain in effect through the duration of the Insurance Agent of Record Contract which is December 15, 2008, unless otherwise terminated. City Manager Insurance Agent of Record - JBL&K Date: Date: Loreen\H:\D0CS\1nsurance\Agent of Record\2006 Contract Amendment 5-1-06.doc CONTRACT AMENDMENT CITY OF TIGARD INSURANCE AGENT OF RECORD This Contract Amendment is entered into by and between the City of Tigard, a municipal corporation of the State of Oregon (City) and JBL&K Risk Services (Contractor) and amends that contract dated December 2"d 2003 on file with the Tigard City Recorder as the Insurance Agent of Record Contract. Now, therefore, it is hereby agreed that Section 2B "Effective Date and Duration" provision of the Insurance Agent of Record Contract is amended as follows with underlined language being added: 2. EFFECTIVE DATE AND DURATION A. This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on December 15, 2006 except as noted in paragraph B below. All work under this Agreement shall be completed prior to the expiration of this Agreement. B. Should the City's current purchasing rules be revised during the first three years of this contract to allow a five-year contract timeline for Agents, this contract may be extended to December 15, 2008 unless otherwise terminated. City amended purchasing rules to allow for a five-year contract for insurance broker services (as set out in Section 10.055A2 of the City of Tigard Purchasing Rules) therefore this contract is extended to December 15, 2008 unless otherwise terminated. This Amendment will commence on August 1, 2006 and will remain in effect through the duration of the Insurance Agent of Record Contract which is December 15, 2008, unless otherwise terminated. Ron Graybeal City Manager Insurance Agent of Record - JBL&K Date: Date: June 15, 2006 Agenda Item # L/ 3 Meeting Date July 18, 2006 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Rejection of Bids for the Construction of Hall Boulevard/Wall Street Intersection - Phase 11 and Library Parking Lot Expansion Prepared B : G. Ber Dept Head Approval Tom Coffee TC city M Approval: Craig Prosse ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board reject bids for the construction of the Hall Boulevard/Wall Street Intersection - Phase II and Library Parking Lot Expansion? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, reject the received bid. KEY FACTS AND INFORMATION SUMMARY • The project was advertised forbids on June 13 and June 22, 2006 in The Daily Journal of Commerce and The Times respectively. One addendum was issued for the project. Bids were opened on June 27, 2006 at 2:00 P.M. and the bid results are: Parsons Excavating Tualatin, OR $1,923,131.00 Engineer's Estimate Range $750,000 to $915,000 • Because only one bid was received and the bid amount is more than twice the highest estimated cost, rejection of the bid is recommended. Contractors have indicated several reasons for not being able to bid the project: too busy during the summer, short of staff, unspecialized in wetland mitigation work and inability to handle projects of this size. Staff will rebid the project at a later time when circumstances may be more favorable to receiving multiple bids and, hopefully, lower bid prices. • Since the street extension portion of the project requires work within the creek, which is restricted to July 1st to September 30"', consideration will be given to requesting bids for only the library parking lot expansion portion of the project sometime during the remainder of this calendar year. The street project with wetland enhancement work will be rebid in the spring of 2007. Advertising a project early in the calendar year is usually the best strategy to follow since most contractors have not yet committed to other projects. The need to wait for approval of the Comprehensive Plan amendment and sensitive lands permit delayed the bid of this project until mid June of this year. • The proposed project would have included construction of 360 feet of Wall Street east of Hall Boulevard to provide a joint access for the Library and Fanno Pointe Condominiums and expansion of the Library parking lot to provide an additional 20 parking spaces for Library patrons. i • All necessary permits have been obtained, which include the following: a Tree Removal permit, a Comprehensive Plan Amendment and a Sensitive Lands Review from the City of Tigard, a Connection Permit from Clean Water Services, a Removal/Fill Permit restricting work in Pinebrook Creek from July 1`t to September 30th from the Department of State Lands, a Wetland Impact permit from the Corps of Engineers and a Miscellaneous Operations on a State Highway permit from the Oregon Department of Transportation (ODOT). The Department of State Lands permit restricts work within the creek from July 1" to September 30th. In addition to the permits, deed restrictions and right-of-way dedications required for the construction of Wall Street and Pinebrook Creek have also been obtained from Fanno Pointe Condominiums. OTHER ALTERNATIVES CONSIDERED No alternatives considered. The bid amount is substantially higher than that expected for the scope of work developed and should not be awarded based on a single bid. In addition, funding sufficient to award the contract is not available. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Controlling access to Hall Boulevard by extending Wall Street would meet the Tigard Beyond Tomorrow Transportation and Traffic goal of "Improve Traffic Safety". Providing additional parking by expanding the existing Library parking lot would meet the Urban & Public Services goal of "Adequate facilities will be available for efficient delivery of life-long learning programs and services for all ages". ATTACHMENT LIST Project location map FISCAL NOTES The project is funded for the total amount of $955,000 by the following FY 2006-07 CIP funds: - $700,000 under the Traffic Impact Fund for the Hall Boulevard/Wall Street Intersection - Phase II - $180,000 under the City Facilities Fund for the Library Parking Expansion project - $75,000 under the City Facilities Fund for Library Property - Voluntary Cleanup for removal of contaminated soils prior to construction of the project. I:\eng\2006-20071y cip\hall blvd - wall st intersection phase 2.360'to hall\council\7-18-06 hall blvd-wall at contract award ais.doc TAYLOR'S FERRY - WALL STREET/HALL BOULEVARD N INTERSECTION IMPROVEMENTS - PHASE 2 A "o'° Fly AND < < NORTH DAKOTA II - LIBRARY PARKING LOT EXPANSION x BARROWS rr STREET Y L a Q STREET MCDONAID BULL MOUNTAIN RD BONITA RD pRoj 4 < x BEEF BEND RD• $ DURHAM RIVER VICINITY MAP \ - ' FANNO II O _ N O'MARA ST pl, LIC LIBRARY O MARA Sr m „ O PROJECT LOCA TION J J Z I J o / C:l Tol FANNO 3 W POINTE I REGINA LN VICINITY MAP NTS Agenda Item # 5- Meeting Date Tuly 18, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Initiate Planned Development Revisions /Planning Commission Prepared By: Sean Farrelly Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS At the City Council's request, the Planned Development Code Review Committee has further refined its recommendations to amend the Planned Development section of the Development Code. STAFF RECOMMENDATION If the City Council determines that the proposed Planned Development revisions are appropriate, Staff should be directed to prepare a draft ordinance for public hearings. KEY FACTS AND INFORMATION SUMMARY The Planned Development Code Review Committee presented its recommendations to the City Council on April 18, 2006. At the Council's direction, the Committee met two additional times and appeared before the Planning Commission. The original recommendations have been streamlined. Two notable changes from the previous draft are applying the overlay zone concurrently with the approval of the Detailed Development Plan, and removing the site analysis requirement. The attached memorandum (Attachment 1) outlines the proposed changes. OTHER ALTERNATIVES CONSIDERED Not applicable COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Growth and Growth Management, Goal No.1 - Growth will be managed to protect the character and livability of established areas, protect the natural environment and provide open space throughout the community. Two of the strategies to implement this goal are: 1) Review and modify development code sections to integrate open space preservation and protection into design standards. Planned Actions include: revising code sections to ensure that residential development incorporates open space; and developing and implementing design standards that preserve and protect open space, greenways, and natural areas. I:\LRPLN\Council Materials\2006\7 18 06 AIS - PD.doc 1 2) Develop and implement design standards that preserve and protect open space, greenways, and natural areas. Planned Actions include: amending code to promote design that includes natural features and promotes connectivity to open space, greenways, and natural area access; and implementing a public process for adequate development/design review. ATTACHMENT LIST 1. Memo to Council dated July 3, 2006 - Planned Development Code Review Committee Recommendations 2. Copy of proposed changes to Planned Development chapter with strike-outs and additions 3. Clean copy of proposed changes to Planned Development chapter. 4. June 19, 2006 draft Planning Commission minutes FISCAL NOTES Not applicable I:\LRPLN\Council Materials\2006\7 18 06 AIS - PD.doc 2) Develop and implement design standards that preserve and protect open space, greenways, and natural areas. Planned Actions include: amending code to promote design that includes natural features and promotes connectivity to open space, greenways, and natural area access; and implementing a public process for adequate development/design review. ATTACHMENT LIST 1. Memo to Council dated July 3, 2006 - Planned Development Code Review Committee Recommendations 2. Copy of proposed changes to Planned Development chapter with strike-outs and additions 3. Clean copy of proposed changes to Planned Development chapter. 4. June 19, 2006 draft Planning Commission minutes FISCAL NOTES Not applicable I:\LRPLN\Council Materials\2006\7 18 06 AIS - PD.doc ATTACHMENT 1 MEMORANDUM TO: City Council FROM: Sean Farrelly, Associate Planner IRE: Planned Development Code Review Committee Recommendations DATE: July 3, 2006 1 The Planned Development Code Review Committee was appointed by the City Council in January, 2004, to review and recommend changes to the Planned Development chapter of the Development Code (18.350). The concept of Planned Developments is to grant flexibility to the underlying development code standards, in order to achieve a desired public purpose. Concerns arose in the community about the density, appearance, and lack of open space in some of the developments approved under the provisions of the Planned Development chapter. The Committee had its first meeting in April 2004, and worked for several months on the proposed changes. There was a several month delay due to staff shortages and turnover. The Committee came before the Planning Commission on April 17, 2006, and the City Council on April 18, 2006, with its recommendations. The Council and the Commission made several suggestions to refine the proposed changes in the code. The PD Committee agreed to a timeline of 60-90 days to make its final recommendation. The Committee met on two occasions - May 2°d, and June 6`''. Feedback from the Council, City Attorney, the Planning Commission, Staff, and Committee members, was incorporated into the revised proposed code amendments. The Committee appeared before the Planning Commission on June 19, 2006, and presented the revised proposals. The revised code chapters can be seen in Attachment 1 (Clean Copy) and Attachment 2 (Draft Annotated Copy.) The Committee's final recommendation to the Planning Commission is to substantially reorganize and rewrite the Planned Development chapter. These are the highlights of the proposed changes: 1. New Purpose Statement The purpose statement was completely rewritten to emphasize the link between applying flexible standards and balancing impacts with amenities such as preserving open space and natural resources, the use of alternative and sustainable building designs, and other public purposes. 2. Revised Approval Process The revisions make a clearer distinction between the three sections of the approval process: • Concept Plan • Detailed Development Plan • Overlay Zone The Overlay Zone is applied concurrently with the approval of the Detailed Development Plan. Concurrent applications can be made for the Concept Plan and the Detailed Development Plan, but the Planning Commission must take separate actions on each part. A. Concept Plan: New Concept Plans would require addressing these new approval criteria: • Provision of open space • Protecting natural resource areas • Integration of development into the existing neighborhood • Promotion of walkability/ transit • Identification of the uses and arrangement of the site • Demonstration that the planned development has significant advantages over standard development (i.e. protects natural features and provides additional amenities for the development/neighborhood.) B. Detailed Development Plan: The approval of a Detailed Plan was made a distinct step in the process. The Detailed Development Plan would require addressing the following approval criteria: • Conformance to the Concept Plan. • Compliance with various Development Code chapters. Up to a 10% density bonus is allowed. A 1% density bonus for each 5% of the gross site area set aside in open space, and up to 5% for other amenities, including items from the Planning Commissioners Toolbox. • Additional criteria, including a mandatory shared open space requirement (20% of the gross site area.) C. Overlay Zone: The Overlay Zone is now applied concurrently with the approval of the Detailed Development Plan. The overlay zone approval does not expire. 3. Changes in Definitions Chapter (18.120) Three new definitions (to apply to the entire code) would be added: • Density bonus • Landscaping • Open Space Facilities: (Makes a distinction between three types of open space facilities - minimal use, passive use recreation, and active use recreation.) 4. The Planning Commissioners "Toolbox" The Committee developed a Planning Commissioners' "Toolbox": a packet with requirements of the process as well as illustrations and case studies of preferred developments around the country. The Toolbox, which will be distributed at the pre-app, is intended to be used as a guide for developers, and as a reference for the Planning Commission, during Planned Development hearings. 5. Pre-Application Conference Materials In addition to the Planning Commissioners Toolbox, Staff will distribute examples of high quality materials (clear site plans and explanations) that have been used by developers at neighborhood meetings. The pre-app checklist will include a statement that if there are significant changes in the plans submitted at the neighborhood meeting, they will have to re- notice. ATTACHMENT 2 Proposed Planned Development Code Revisions, June 2006 Explanation of Formatting These text amendments employ the following formatting: 1~ - For text to be deleted [Bold and Italic] - For text to be added ',oxe - For staff notes and comments related to specific amendments. These are not part of the proposed codified text. I Chapter 18.120 DEFINITIONS [SS. "Density bonus" -Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code.] [87. "Landscaping"-Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and screens.] [104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned. a. Minimal Use Facilities. Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained. No other improvements (apart from underground utilities) are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations forADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance, such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities.] [Renumber definitions after #55 according to the above amendments] Chapter 18.350 PLANNED DEVELOPMENTS I Sections: 18.350.010 Purpose 18.350.020 The Process Page 1 of 21 June 12, 2006 a J 18.350.030 Administrative Provisions 18.350.040 Noneomplianee! Bond 18.350.050 Applienbility in C-OMMeFeift! and industrial Zones 18.350.060 Allowed Uses 18.350.070 Applieability of the Base Zone Development Standards 18.350.080 Exeeptions to Under-lying Development Standar-ds 18.350.I0 [18.350.0401 Conceptual n Plan Submission Requirements [18.350.050 Concept Plan Approval Criteria] [18.350.060 Detailed Development Plan Submission Requirements] [18.350.070 Detailed Development Plan Approval Criteria] 48.350.100 Approval CFite":° 18.350.010 Purpose A. Purpose. The purposes of the planned development overlay zone are: a To t,r..........,.means iv. vav...unb ricuuivu v" standards, •i zero lot 1i ar- > streets, and other- innevative planning pr-aefiees whieh will result in a superior- living affangement-, 2 To f4eilitate the effleient use of land; use, buildings, eir-ettlation systems, open p. ee, nR utilities; 4 To pr-eseFve to the greatest extent possible the existing landseape featffes and amenities p> mite; and 5 To eneetwage develepfnei# tha4 r-eeegaizes the relationship between buildings, their- use, living efn,ir-ewneats. [I. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and] [2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and] [3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning, and] [4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and Page 2 of 21 June 12, 2006 analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and] [5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and] [6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials.] 18.350.020 The Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. [An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project, an approval authority may apply the provisions of this chapter as a condition of approving any a lication or the development.] Staff note: The added text was moved to incorporate 18.350.050 Applicability in Commercial and Industrial Zones. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 2 The appreval of the planned develepmen4 eeneept plan; and 3 The appr-eval of the detailed develepmea4 plan. [l. The approval of the planned development concept plan; and 2. The approval of the detailed development plan. 3. The approval of the planned development overlay zone.] /~V11V C. Decision-making process. A new planned de.e'.epme .4 ever-lay ene and/or- tieept plan shall be j-eeessedby means -6 pe M-PCpr-eeedu ° a by 0 5 0 , -a"sge`'°irrccr~vcct crorr -rv.390.v~v,~r.~xrig appr-eval er-iteria eentained in -Sec-tien8.350.100. The detailed development plan shal feviewed by means e€a Type 11 preeedufe, as geverred-by 1839TV.04v, to eiisufe-tha4 substantially in eemplianee~Toith theapproved eeneept-deyelepfnen plan. 7 the ease of an- existing planned development ever-lay zone fer- afty other- type of applieation, the applieati land use . [l. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050.1 [2. The detailed development plan shall be reviewed by means of a Type III-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan.] Page 3 of 21 June 12, 2006 [3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan.] [4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone.] [5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application.] [6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan.] D. Geaeuff eat Md eeneeptual plan "Wieatieqp-~-. ' The apphea4ion for- the ever-lay zone and fer--appreval e€the- eeaeepwa4-develep be heard eeneuffefAly if land, the applieant met), apply fer- prelifninar-y p1a4 appr-eva4 and the appheatiens shall be heard [D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing.] 18.350.030 Administrative Provisions [A. Time limit on Tung of detailed development plan. The concept plan approval expires after 1-112 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070.1 A.[B.] Zoning map designation. M-e fe- ° planned deve opment v..'.,., zone has been a e [The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission.] The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. Page 4 of 21 June 12, 2006 B. Time 1i it on Alin- - etailed develowngLg p!gp Within 1 1/2 years after- the date -of Gem.'Hi a! of the eeneeptual develepfnefA plan, the eA%er- shall prepare and file the Dir-ee't-e-r- -A dettailed development plan. Aefien on the detailed develepfnen4 plan shal fninister-ia4 and taken by the Diffeeter- by means of a Type 11 pr-eeedur-e, as govemed by Se 1 18.390.040,tising ,1 ,.~;+i below.! 1 . The Dir-eeter- shall approve the detailed development plan upen finding that ~he final the Commission. The detailed plan shall be approved unless the Dkeeter finds.! a. The ehange iner-eases the residential densities, iner-eases the lot eever-age by buildings or- r-eduees the ameupA of pafWag; b. The ehange r-eduees the afneufA of open spaee and ; 6. The ehange involves a ehange in use; subjeet to a potential hazard; and > streets, proposed paf-king !at > easements, t4ilky landseaping or- other- site • 2. A deeisien by the Dir-eeter- may be appealed by the appliean4 or- ether- aff-eete&appr-eved pafties-te the Cenanrsme-andrt1Ye Cenunission shall deeide whether- the detailed development plan s'ubsts'H tia4llly eefiferms tthe approved eneepwai development plan based en the er-iter-ia set fefth in Subseetien I of this seetien. This appeal shall be govemed C. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original conceptual development plan as approved by the Commission; 2. The applicant can show intent of applying for detailed development plan [or preliminary plat] review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for conceptual development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. Page 5 of 21 June 12, 2006 E. Substantial modifications to concep!!W plan. [If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required.] Substantial edifie tiens made to the approved VV11VV~l.KN.v o . eeneeptua1 development pla shall Y ' t [F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter.] [G Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year.] 18.350.040 Noneomplianeel Bond A. Neneempliffingg. Neneemplianee with an approved detailed development plan sha4l .latio of this ehapter appr-eved detailed development plan ineluding landseaping and r-eer-eation areas before any exeeutien of any feature of an appr-eved detailed development plan is impr-aefieal due to elimatie eendifiens, unavailability of materials, or- other- tempefaiF~, eendition, the Pir-eeter- shall, as-a other- surety to seeur-e emeeutien of the featwe at a time eet4ain not to eXeeed ene year. Note: moved to 18.350.030 18.350.050 Appheability in Commer-eial and industrial Zones pr-ejeet as a planned development, in eemplianee with the requirements of this ehapt may apply the provisions of this ehapter- as a eendition of appr-evi "keation fer- a 0 18.350.060 Allowed Uses Note: moved to 18.350.040 Page 6 of 21 June 12, 2006 may develop the site te pe-eentain a fnixtwe of uses subjerat to the density pr-evisiens e allowed Aith planned development approval - i All uses allewed outright in the under-lying zening distfiat 2 Single family detaehed and at4arahed residential units; 4 Multi family residential unit&,t the zone; r°,,.,,,,,,,,:t„ building; > > 9--- 9utdeer- r-eer-eatienf4eility, gelf eeufse, golf driving e g peel, tennis ee• :1., and appr-eval may develep t ce, sitee, *.A- re-wentain all of the uses pefmiaed outright in the under-lying 0 family dwellings in these een:Hner-eial zenes that do net list multi family dwellings as an „tr ght use. G, In ind-ustrial zones. in all industfial zones, a planned development shall eentain enly these uses- 18.350.070 Applienbility of the Base Zone Development Standards Note: moved to 18.350.060 A. Complianee te speeifie development sfandard~- The provisions of the base zone are applieabi €ollows@ I Lot dimensional standards; The minimum lot size, let depth and let width standards sha not apply ° v~avv °"+Y~ as related to the dens utJ „ avi„+afie under- rl'.,* 18.44-5-, a"YY`J to u uvuu 2 Site eever-age.: The site eever- - . . . is of the base zone shall ; 3-Building heigM: Thebuilding height pr-evisiens-shall net apply;-and 4. Struetwe setbaek pr-evision6it a. Front yar-d and r-ear- yar-d sethaeks for- stfuetur-es en the perimeter- all be the same as that required by the base zene unless other-wise provided by Chapter- 18.3460-; b. The side yar-d setbaek. . . hall not apply emeept thM all detaehed stfue~ufes shall meet t 1i€e Building Code- r-eqtiir-ements for- fire walls; and e. Fre ' . I I ear- yard setbaek r-equir-emen4s in the base zone setbaek sha4l net apply to st1uetffes en the n4erier of the = feet except that (1) A minimum fient yard setbaek of 20 feet is r-equir-ed fef any gar-age sti-deture whieh epens Page 7 of 21 June 12, 2006 f e °t1eet (2) A minimum ffent yar-d sethaek of eight feet is required fer- an), gar-age Opening for- at4aehed single family dwelling f4eing a pr-ivate stfeet as leng as the required off stfeet park spaees are provided. B. Other- provisions ef thig. hwug 7nne. All ethe of the base zone sha4l apply eNeep fnedified by this ehapter-. 18.350.080 Exeeptions to Under-tying Development StandaFds The t street Jivn-nxa7-guiir -air°zccptie civr to rc t cne -vff acrccc xx- on findings that-; one i e segtien is natgreater- - tha$-per-cent of the required 2 The n1:e do is f r- " use `lesig ed for- ":f" ' pur-pese „hie "tended t . L.e e.g., pefmanent in nature, > > 3 The * Aunity fer- sharing par-king and there is ~witten evidenee that the pr-epel4y 4 Publie transpertatien is available to the site, r-edtteing the standards and will not adversely whieh make it in the publie ipAer-est te grant an exeeptien to par-king standards. B. Eyceeptions _ em one-C-effffflissieft ery grant an exeeptien to thesign dimensional r-equir-em n4s in the applieable z based on findings that-; stanch' f The 3 The sign will be eempatible with the ever-all site plan, the stf:uetffal impr-evernents and the~tmetufes and uses on adjoining e"t:e G. Eyceeptions to land tifements. The GenHnissien may grant an exe-eption te the landseap . . its of this title upen a finding that the over-all landseape plan pr-evides 20.04 of the gress site area to be landseaped. 18.350.090 118.350.0401 Concept*al Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type 1114 [-PC] procedure, as governed by Section 18.390.050 [and the additional information required by 18.350.040.B.] In addition, the applicant shall submit the following: 1 A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: [a.] A description of the character of the proposed development and the rationale behind Page 8 of 21 June 12, 2006 the assumptions and choices made by the applicant. [b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed.] [c. An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010.1 [d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox.] 2. A [general] development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. [In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders.] 4. A na ative statement presenting infeFmatien, a detailed deser-iption of whirsh is available f e the n:r-eete ' B. Additional information. In addition to the general information described in Subsection A above, the conceptual deve epme plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept [including the types of proposed land uses and structures, including housing types, and their general arrangement on the site] ; 3. A grading concept; 4. A landscape concept [indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); [5. Parking concept,] -5. [6.] A sign concept; and .[7. A streets and utility concept, and] [8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable.] Page 9 of 21 June 12, 2006 [C. Allowable Uses] 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone [such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total], g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi- family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. [18.350.050 Concept Plan Approval Criteria] [A. The concept plan may be approved by the Commission only if all of the following criteria are met. 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant. natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. Page 10 of 21 June 12, 2006 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood.] [18.350.060 Detailed Development Plan Submission Requirements] [A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070.1 [B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required. a. Air movement. Prevailing breezes characteristic of a region may be greatly modified by urban high-rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly Page 11 of 21 June 12, 2006 important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it.] [C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks, 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-112 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure footprints to be shown and adhered to. Page 12 of 21 June 12, 2006 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter.] 18.350.100 [18.350.070 Detailed Development Plan] Approval Criteria [A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met. 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping, c. The change involves a change in use, d. The change commits land to development which is environmentally sensitive or subject to a potential hazard, and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements.] A. ReWienshif) to site rdevelopment review. Th Chapter- -18.360, Site Development Review, are net applcable to Fluted-Be~~elep ext~~ei4ews. n detailed develepmeat is intended te address the same type of issues as the Site Develepmen4 Review. The Cenunission shall make findings tha e--;4eQ.r-i-A are not safisfied when denying an appl;tien 1 [2.] All the provisions of the land division provisions, Chapters 18.410, 18.420 [Partitions] and 18.430 [Subdivisions], shall be met [f applicable]; -2. [3.] Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this [chapter] sectie. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed i Subseetio 3 below. [The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested.] Page 13 of 21 June 12, 2006 [a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review.] [b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and transit).] --a: [c.] Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, [using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission.] The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/ or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) [A I% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%,] " maximum e ~0'- is allowed for the provision of [active use recreational open space] undeveloped eemmen space, exclusive of areas contained in floodplain, [steep] slopes greater than 25 'A, drainageways, or wetlands that would otherwise be precluded from development; (2) [Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox. feel 3°,e is allowed fer lendseaping; etseape deve ,.pfnefA; deve epe develepmef4; and/or- retention of existing vegetation; (4 maximum of 3-0,4 quality of ar-ehiteE~ffal quality ° le; hafmon ous use fna*r-ials; innovative building orientation er- building grouping; an&er- varied use of housing es Page 14 of 21 June 12, 2006 [d] Chapter 18.745, Landscaping and Screening. [The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified.] [e.] Chapter 18.765, Off-street Parking and Loading Requirements. [The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking, and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking; or (3) There is an opportunityfor sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses, or (S) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.] [f.] Chapter 18.780, Signs. [The Commission may grant an exception to the sign dimensional requirements in the applicable zone if.• (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.] [g.] Chapter 18.795, Visual Clearance Areas. [The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met,] [ h.] Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Page 15 of 21 June 12, 2006 Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that. (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment.] v. Chapter- 18.730, LAV Vl/11V11J 1 Development Standafds-; e. Chapter- 18.79G Visti,1 Clo e Area.t w, v1aKl/~vi 1 Chapter- 18.745, LKl1l1JV Ki,/11I r andseapi g an c , e. .,..Ki.,~.,. l V chapter 14., V✓ 765, Par-king Off "t"oo Jul.,.,.. t and Leading Requirements; fl. Chapter- 18.705, n eeess Egress and r 1 t ; and g. chapter- 18.780, Qigns [4.1 In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. [The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, topography and natural drainage would either not be feasible or would result in a greater loss of those resources; ] (2) Structures located on the site shall not be in areas subject to ground slumping and sliding [as demonstrated by the inclusion of a specific geotechnical evaluation,] (3) Ther-e shall be adequa4e distanee between eft site buildings and ethef: en site eaid off site fire pr-eteefieft-,t (4) [(3) Using the basic site analysis information from the concept plan submittal,] the structures shall be oriented with consideration for the sun and wind directions, where possible; and (5) Trees presued to the-eK4ent possible. ep=csccnienc t of crcc~ f trees zT c , et to the -rc the rv., o o.. ts of C=hapter- 18.790, T„°° Removal. b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), [the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering Page 16 of 21 June 12, 2006 and screening with alternate materials or methods.] The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. C. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; [d. Exterior elevations - residential use: Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, (2) Extensions, e.g, decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height.] d. [e.] Private outdoor area [residential/ multi famil use: (1) in addition to the requirements of subpa~°gmph (3), [Exclusive of any other required open space facility,] each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, [or] porch) of not less than 48 square feet [with a minimum width dimension of four feet;] (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. e. [f.] Shared outdoor recreation areas - [residential] multi family use: (1) in addition to subpar- gr-ap s (2) an (3) of this s ti [Exclusive of any other required open space facilities,] each multiple dwelling [residential] development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; and (b) Three or more bedroom units, 300 square feet per unit. Page 17 of 21 June 12, 2006 (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) it may be all eutdeer- spaee; of (b) it may bepai4 etitdeer- spaee and pai4 indoor-space; for- example, an outdoor- (d) it may be a4-E6 ea space and pai4 priyat2;f6r- example, it eould be an +.a to indoor- t' , and ti. 1 1, .v1u11J vv.,.1 .ava vuu unit; (e) 11vae VK1eV1a1vV K.Yt FFMWttI .V W111J, the baleenies shall not be less than 4 8 squar-e feet. [(a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above.] [g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and (2) These areas may be defined by, but not limited to: (a) A deck, patio, low wall, hedge, or draping vine, (b) A trellis or arbor, (c) A change in elevation or grade, (d) A change in the texture of the path material, (e) Sign; or 09 Landscaping.] [h.] Access and circulation: (1) The number of [required] a4lewed access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency [and service] vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways [abutting and through a site] if such facilities are shown on an adopted plan for terminate at the boundaries of the project site.] g. [i.] Landscaping and open space: (1) Residential Development: In addition to the [buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities,] a minimum of 20 percent of the site shall be landscaped. [This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a Page 18 of 21 June 12, 2006 landscape plan, prepared or approved by a licensed landscape architect, and surety for such landscape installation,] -Genunefeial D('yelepi efA: A o 15 per-eent of the site shall be 1andseaped; and (3) industrial Development. A mifflimum of 15 per-eepA of the site shall be ; 1} [j.] Public transit: (1) Provisions for public transit may be required where the site abuts [or is within a mile of] a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities [may include but are not necessarily limited to] shall be limit °a to such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. [(3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement.] s; (1) in addition to the provisions of Chapter- 18.780, Sig*s--. (a) Leemien of all signs proposed for- the development site; and (b) The signs shall not ebseu°° yehiei° driver's sight dicta j- [k.] Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapte 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 1F [].]Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter [18.810.1 J 8.775 n the er-iter-ia i the adopted 1981 . act drain ge plan; [An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs.] t [m.]Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. Page 19 of 21 June 12, 2006 [n.J 1850.zi0 Shared Open Space [Facilities] [Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. (4) The open space area shall be shown on the final plan and recorded on the final plat or covenants.] [o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods.] A. Requir-ements for- shafed even ~pgg2 Where the epen spaee is designated en the plan as i The open spaee area sha4l be shey.% on the final plan and r-eeer-ded with the Dir-eeter-; and L• The o v eenveyed in aeeer-danee with v shall be of the feflewing methods: e- [(I) Public OwnershBy dedie +:^n to the City „i.liel , eA%ed an f4ainea , epees Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations [A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge Page 20 of 21 June 12, 2006 credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below,] [(2) Private Ownership.] By leasinge conveying title (including beneficial ownership) to a corporation, home association or other legal entity,[and granting a conservation easement to the City in a form acceptable by the City. The terms of the conservation easement must include provisions for the following:] with t4e City r-etaining the development rights to the property. The tefms of sue lease or other- instn*nefA of eefweyanee must ifielude pr-evisiefis suitable to the Cky 04 (a) The continued use of such land for the intended purposes; (2-) (b)Continuity of property maintenance; (3) (c) When appropriate, the availability of funds required for such maintenance; (4) (d) Adequate insurance protection; and (5) (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 21 of 21 June 12, 2006 ATTACHMENT 3 Proposed Planned Development Code Revisions, June 2006 Chapter 18.120 DEFINITIONS 55. "Density bonus" - Additional dwelling units that can be earned as an incentive for providing undeveloped open space, landscaping, or tree canopy as defined further in this code. 87. "Landscaping" - Areas primarily devoted to plantings, trees, shrubs, lawn and other organic ground cover together with other natural or artificial supplements such as water courses, ponds, fountains, decorative lighting, benches, bridges, rock or stone arrangements, pathways, sculptures, trellises and screens. 104. Open Space Facility related definitions. Open Space Facilities may be privately or publicly owned: a. Minimal Use Facilities. Areas reserved for low-impact recreation, limited to soft surface trails which are minimally maintained. No other improvements (apart from underground utilities) are allowed. b. Passive Use Facilities. Areas reserved for medium-impact recreation and education uses related to the functions and values of a natural area that require limited and low impact site improvement, including soft surface trails, raised walkways, pedestrian bridges, seating areas, viewing blinds, observation decks informational signage, drinking fountains, picnic tables, interpretive centers, and other similar facilities. Accommodations for ADA access shall be provided where site considerations permit. c. Active Use Facilities. Areas reserved for high-impact recreation that require a greater degree of site development and/or ground disturbance; such as sports fields, playground equipment, group picnic shelters, swimming pools, hard and soft surface pathways, restrooms, and similar facilities. Chapter 18.350 PLANNED DEVELOPMENTS Sections: 18.350.010 Purpose 18.350.020 Process 18.350.030 Administrative Provisions 18.350.040 Concept Plan Submission Requirements 18.350.050 Concept Plan Approval Criteria 18.350.060 Detailed Development Plan Submission Requirements 18.350.070 Detailed Development Plan Approval Criteria 18.350.010 Purpose A. Pu ose. The purposes of the planned development overlay zone are: 1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; and Page 1 of 15 June 6, 2006 2. To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; and 3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transitioning; and 4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; and 5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and 6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. 18.350.020 Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones. An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan; and 2. The approval of the detailed development plan; 3. The approval of the planned development overlay zone. C. Decision-making process. 1. The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050. 2. The detailed development plan shall be reviewed by means of a Type 111-PC procedure, as governed by 18.390.050, to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval. All applicants are advised that the Page 2 of 15 June 6, 2006 purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed, subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. D. Concurrent Applications for Concept Plan and Detailed Plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the Planned Development application (i.e. the concept approval must precede the detailed development approval); however each required action may be made at the same hearing. 18.350.030 Administrative Provisions A. Time limit on filing of detailed development plan. The concept plan approval expires after 1-1/2 years unless an application for detailed development plan and, if applicable, a preliminary plat approval or request for extension is filed. Action on the detailed development plan shall be taken by the Planning Commission by means of a Type 111-PC procedure, as governed by Section 18.390.050, using approval criteria in 18.350.070. B. Zoning map designation. The planned development overlay zone application shall be concurrently approved if the detailed development plan is approved by the Planning Commission. The zoning map shall be amended to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire. C. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes have been made on the original concept development plan as approved by the Planning Commission; 2. The applicant can show intent of applying for detailed development plan or preliminary plat review within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. D. Phased development. 1. The Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for concept development plan review. 2. The criteria for approving a phased detail development plan proposal are that: a. The public facilities shall be constructed in conjunction with or prior to each phase; and Page 3 of 15 June 6, 2006 b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. E. Substantial modifications to the concept plan. If the Planning Commission finds that the detailed development plan or preliminary plat does not substantially conform to the concept plan, a new concept plan shall be required. F. Noncompliance. Noncompliance with an approved detailed development plan shall be a violation of this chapter. G. Issuance of occupancy permits. The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued. However, when the Director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050 and the additional information required by 18.350.040.B. In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: a. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed. c. An explanation of how the proposal relates to the purposes of the Planned Development Chapter as expressed in 18.350.010. d. An explanation of how the proposal utilized the Planning Commissioner's Toolbox. 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. In the case where a residential subdivision is proposed, the statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders. B. Additional information. In addition to the general information described in Subsection A above, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: Page 4 of 15 June 6, 2006 I . Existing site conditions; 2. A site concept including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); 5. Parking concept 6. A sign concept; 7. A streets and utility concept; and 8. Structure Setback and Development Standards concept, including the proposed residential density target if applicable. C. Allowable Uses 1. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.070.A.3.c. The following uses are allowed with planned development approval: a. All uses allowed outright in the underlying zoning district; b. Single-family detached and attached residential units; c. Duplex residential units; d. Multi-family residential units; e. Manufactured homes; f. Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to the uses permitted in the zone, such as personal services, preschool or daycare, and retail uses less than 5,000 square feet in sum total; g. Community building; h. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use; i. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and j. Recreational vehicle storage area. Page 5 of 15 June 6, 2006 2. In commercial zones. In all commercial zones, an applicant with a planned development approval may develop the site to contain all of the uses permitted outright in the underlying zone and, in addition, a maximum of 25% of the total gross floor area may be used for multi-family dwellings in those commercial zones that do not list multi-family dwellings as an outright use. 3. In industrial zones. In all industrial zones, a planned development shall contain only those uses allowed outright in the underlying zoning district. 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the Commission only if all of the following criteria are met: I. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of significant natural resources, if any, and identifies methods for their maximized protection, preservation, and/or management. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. 4. The concept plan identifies methods for promoting walkability or transit ridership, such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development. A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.B and the approval criteria under 13.350.070. B. Additional Information. In addition to the general information described in Subsection A above, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of 2 to 5 ft, depending on slope gradients, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed 2. A specific development schedule indicating the approximate dates of construction activity, including Page 6 of 15 June 6, 2006 demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, and building construction for each phase. 3. A copy of all existing and/or proposed restrictions or covenants. 4. Moderate to High Density Development Analysis. If proposing development in an area within a Metro designated town or regional center, the following additional information may be required: a. Air movement: Prevailing breezes characteristic of a region may be greatly modified by urban high- rise structures. Predominant air movement patterns in a city may be along roadways and between buildings. The placement, shape, and height of existing buildings can create air turbulence caused by micro air movement patterns. These patterns may influence the location of building elements such as outdoor areas and balconies. Also a building's design and placement can mitigate or increase local wind turbulence. b. Sun and shadow patterns: The sun and shadow patterns of existing structures should be studied to determine how they would affect the proposed building. This is particularly important for outdoor terraces and balconies where sunlight may be desirable. Sun and shadow pat- terns also should be considered as sources of internal heat gain or loss. Building orientation, window sizes and shading devices can modify internal heat gain or loss. Studies should include daily and seasonal patterns and the shadows the proposed building would cast on existing buildings and open spaces. c. Reflections: Reflections from adjacent structures such as glass-clad buildings may be a problem. The development should be designed to compensate for such glare or if possible, oriented away from it. C. Compliance with specific development standards. The Detailed Development Plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards: The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80% of the minimum size required in the base zone. 2. Site coverage: The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks; 3. Building height: In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be setback from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: (1) All structures shall meet the Uniform Building and Fire Code requirements; Page 7 of 15 June 6, 2006 (2) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. (3) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The applicant may propose, or the commission may require, actual structure footprints to be shown and adhered to. 5. Other provisions of the base zone. All other provisions of the base zone shall apply except as modified by this chapter. 18.350.070 Detailed Development Plan Approval Criteria A. Detailed Development Plan Approval Criteria. A detailed development plan may be approved only if all the following criteria are met: 1. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements. 2. All the provisions of the land division provisions, Chapters 18.420 Partitions and 18.430 Subdivisions, shall be met if applicable; 3. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this chapter. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested. Page 8 of 15 June 6, 2006 a. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. b. Chapter 18.705, Access, Egress and Circulation. The Commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and transit). C. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) A 1% bonus for each 5% of the gross site area set aside in open space, up to a maximum of 5%, is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain, steep slopes, drainageways, or wetlands that would otherwise be precluded from development; (2) Up to a maximum of 5% is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox." d. Chapter 18.745, Landscaping and Screening. The Commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect, provides for 20% of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified. e. Chapter 18.765, Off-street Parking and Loading Requirements. The Commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if: (1) The minimum number of parking spaces is not reduced by more than 10 percent of the required parking; and (2) The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off- street parking; or Page 9 of 15 June 6, 2006 (3) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or (4) Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses; or (5) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards. f. Chapter 18.780, Signs. The Commission may grant an exception to the sign dimensional requirements in the applicable zone if: (1) The sign is not increased by more than 10 percent of the required applicable dimensional standard for signs; and (2) The exception is necessary for adequate identification of the use on the property; and (3) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. g. Chapter 18.795, Visual Clearance Areas. The Commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met; h. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks; and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the City Engineer to grant an exception. The Commission has the authority to reject an exception request. The Commission can only grant an exception to street sanctions if it is sanctioned by the City Engineer.. The City Engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: (1) Public safety will not be compromised; and (2) In the case of public streets, maintenance costs will not be greater than with a conforming design; and (3) The design will improve stormwater conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. 4. In addition, the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. The commission may require the applicant to demonstrate why a particular alternate site plan that may result in greater preservation of trees, Page 10 of 15 June 6, 2006 topography and natural drainage would either not be feasible or would result in a greater loss of those resources; (2) Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; (3) Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible; and b. Buffering, screening and compatibility between adjoining uses: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; (2) In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered Landscape Architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745.: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. C. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; Page 11 of 15 June 6, 2006 d. Exterior elevations - residential use: Along the vertical face of single-family attached and multiple- family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight.feet; (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height. e. Private outdoor area - residential use: (1) Exclusive of any other required open space facility, each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, or porch) of not less than 48 square feet with a minimum width dimension of four feet; (2) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. f. Shared outdoor recreation and open space facility areas - residential use: (1) Exclusive of any other required open space facilities, each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: (a) Studio units up to and including two bedroom units, 200 square feet per unit; (b) Three or more bedroom units, 300 square feet per unit. (2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (3) The required recreation space may be provided as follows: (a) Additional outdoor passive use open space facilities; (b) Additional outdoor active use open space facilities; (c) Indoor recreation center; or (d) A combination of the above. g. Demarcation of public, semi-public and private spaces for crime prevention: (1) The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and Page 12 of 15 June 6, 2006 (2) These areas may be defined by, but not limited to: (a) A deck, patio, low wall, hedge, or draping vine; (b) A trellis or arbor; (c) A change in elevation or grade; (d) A change in the texture of the path material; (e) Sign; or (f) Landscaping. h. Access and circulation: (1) The number of required access points for a development shall be provided in Chapter 18.705; (2) All circulation patterns within a development must be designed to accommodate emergency and service vehicles; and (3) Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. i. Landscaping and open space: (1) Residential Development: In addition to the buffering and screening requirements of paragraph b of this subsection, and any minimal use open space facilities, a minimum of 20 percent of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect, and surety for such landscape installation; j. Public transit: (1) Provisions for public transit may be required where the site abuts or is within a'/4 mile of a public transit route. The required facilities shall be based on: (a) The location of other transit facilities in the area; and (b) The size and type of the proposed development. (2) The required facilities may include but are not necessarily limited to such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading; and (c) Hard surface paths connecting the development to the waiting area. Page 13 of 15 June 6, 2006 (3) If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. k. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. 1. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. in. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100- year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. n. Shared Open Space Facilities: Exclusive of any other required open space or buffer areas, the detailed development plan shall designate a minimum of 20% of the gross site area as an open space facility. The open space facility may be comprised of any combination of the following: (1) Minimal Use Facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100 year floodplain). (2) Passive Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. (3) Active Use Facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. (4) The open space area shall be shown on the final plan and recorded on the final plat or covenants. o. Open Space Conveyance. Where a proposed park, playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission Page 14 of 15 June 6, 2006 may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: (1) Public Ownership. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations. A determination of City acceptance shall be made in writing by the Parks & Facilities Division Manager prior to final approval. Dedications of open space may be eligible for Systems Development Charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below; (2) Private Ownership. By conveying title (including beneficial ownership) to a corporation, home association or other legal entity, and granting a conservation easement to the City in a form acceptable by the City. The 'terms of the conservation easement must include provisions for the following: (a) The continued use of such land for the intended purposes; (b) Continuity of property maintenance; (c) When appropriate, the availability of funds required for such maintenance; (d) Adequate insurance protection; and (e) Recovery for loss sustained by casualty and condemnation or otherwise. Page 15 of 15 June 6, 2006 • ATTACHMENT 4 DRAFT _ CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 19, 2006 1. CALL TO ORDER President Inman called the meeting to order at 7:02 p.m. The meeting was held in the Tigard Civic Center, Red Rock Creek Conference Room, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commssioners Brown, Buehner, Caffall, Duling, Harbison, Meads, Munro, and Walsh. Also present was Jeremy Vermilyea, Commission alternate. Commissioners Absent: Staff Present: Dick Bewersdorff, Planning Manager; Beth St. Amand, Senior Planner; Darren Wyss, Associate Planner, Sean Farrelly, Associate Planner; Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Buehner reported on the City Center Advisory Commission. They are working on the strategy for the short term planning for the Downtown plan. They will make a presentation to Council tomorrow night and hear their fate shortly. There has been no meeting of the Transportation Financial Strategies Task Force since the last Planning Commission meeting. Commissioner Meads reported that the Park and Recreation Advisory Board have been discussing land acquisition - things are proceeding. The consultant hired to help gather infon-nation on a recreation program finished her presentation. The Board is going take suggestions on how to proceed to Council. The Board is also working on their mission statement. They are trying to work out how they can be both an advisory and an advocate board. Commissioner Duling advised that the Committee for Citizen Involvement received an update from Liz Newton on the Neighborhood Program Newton received comments from areas 4 and 8 (the Metzger and Tigard Iiigh School areas). She is working on the National PLANNING COMMISSION MEETING MINUTES - June 19, 2006 - Page 1 y Neighborhood Day, Sunday, September 7th. The CCI also were updated on the public involvement program for the Hwy. 99W improvement plan. ODOT is providing the bulk of the funding for the study. OTAK and DKS have been hired as consultant teams. July is the tentative start date for the study, which should take approximately 3 months. There will be 5 citizen involvement meetings and 3 open houses. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the June 5, 2006 meeting minutes as submitted. The motion passed by a vote of 7-0. Commissioners Harbison and Walsh abstained. 5. COMPREHENSIVE PLAN UPDATE: Senior Planner Beth St. Amand advised that the Community Attitude Survey has served a dual purpose - to get a report card on City services and to address the Comprehensive Plan update and look at community attitudes toward planning and livability issues. The report will be issued tomorrow night at the Council worksession. The Planning Commission will discuss it next month. St. Amand and Associate Planner Darren Wyss provided additional information to the Commission on buildable lands, capacity, and residential density (Exhibit A). The memo details how Wyss calculated the overall residential density of the City. Currently, the City has approximately 6 dwelling units per acre. Over the last few years, the City has maintained approximately 6.8 units per acre. Regarding Metro's Functional Plan requirement of 6308 additional dwelling units for Tigard, the Planning Commission had asked that if the 2005 buildable lands were fully developed, would we meet that requirement. Wyss estimates that, by the end of 2005, Tigard had added 3281 dwelling units - approximately 52% of the goal. Based on projections from Long Range Planning, the City will be very close or may even exceed the Metro Functional Plan requirement. St. Amand advised that the original planning era was to the year 2017 in the Metro Functional Plan. The plan does not specify when we need to meet these numbers; however, it is assumed that it would be during this era. The numbers are based on the dwelling units inside the City limits beginning in 1996. Staff advised that a methodology has been developed to continue tacking buildable lands and development both on and outside of the buildable lands inventory. 1. Public Involvement Program/Update St. Amand reported that she came to the Commission in March with a general overview of the public involvement program for the Comprehensive Plan update. The Commission made comments which St. Amand has incorporated into the modified public involvement PLANNING COMMISSION MEETING MINUTES - June 19, 2006 - Page 2 program (included in the Commission's packet). She noted that the City received a citizen comment, also included in the packet. Commissioner Meads asked if the items noted in Mr. Frew e-mail would be resolved. St. Amand advised that the CIT structure is not currently in existence, however, there are former CIT members on the Committee for Citizen Involvement, which has been expanded to include additional board and committee members. The NPOs no longer exist; however, there is a Neighborhood Enhanced Program which will be in effect later this fall. Commissioner Meads asked if Council shouldn't formally appoint the Planning Commission as the steering committee for the Comprehensive Plan update. After some discussion, the Commission directed staff to draft a formal resolution for Council that would address the role of the Planning Commission in the Comprehensive Plan update. St. Amand advised that information collected during the update process would filter through the Planning Commission. This will occur primarily next year. At this point, we are setting the fact base - dealing with current conditions. Commissioner Buehner noted that in earlier discussions about the public involvement portion, the Planning Commission talked about the importance of holding stakeholder meetings with various industry and business groups. This would allow us an opportunity to get input and incorporate those ideas before the hearing stage. She would like to see this happen. St. Amand said that, right now, staff is putting together the factual base. We need to know what's going on right now or we will have a difficult time having discussions with people next year. St. Amand said the website would be a main venue for providing information to the public, but copies of the Planning Commission binder will be available at the Permit Center and the Library. Commissioner Buehner noted that 30% of the City's population is not computer literate. She does not believe the website is a viable resource for providing information and that a specific outreach with homeowner's associations needs to be done. St. Amand advised that the active outreach program will begin next year. This year is the inventory period. Staff will focus more on more individual topics next year, with open houses and interactive surveys. St. Amand noted that the Committee for Citizen Involvement recommended staff make sure the public feels they are part of process throughout and make it relevant to their lives. The CC[ is also talking about doing more outreach to minority groups. The City now has a voluntary Spanish translator. She also advised that staff may try to get the update into the school curriculum, or maybe work individually with a class, or have an essay contest. PLANNING COMMISSION MEETING MINUTES - June 19, 2006 - Page 3 St. Amand will send the revised document to the Commission in their next packet. The Commission asked if the changes could be identified some way other than by using "track changes". 2. Environmental Quality/ Overview Associate Planner Darren Wyss gave a PowerPoint presentation on Environmental Quality (Exhibit B). He advised that the Environmental Quality report will cover 4 sections (land, air, water, and energ)). He will be discussing the land quality section tonight. Commissioner Walsh noted that human impact could be both negative and positive. It implies negative, but there is a huge part of industry that supports benefiting resources to improve it. Commissioner Munro suggested that conservation should include natural resources, not just energy. Wyss advised that land resources qualitywould be focusing on collection and disposal of development-related (e.g., population, commercial, industrial) waste that impacts the health and welfare of the community. The City is part of the Metro Regional Solid Waste Management Plan (RSWMP). We're also part of the Washington County Cooperative. Land resource quality has been divided into 4 topics: solid waste, recycling, hazardous waste, and wastewater sludge. Wyss noted that for solid waste, recycling, and hazardous waste, there are no storage or permanent collection facilities in Tigard. For recycling, the RSWMP has set a 64% target rate for waste reduction for 2009. At this point in time, they have been meeting their waste reduction rate. Education is a key component to get people to recycle more. Commissioner Munro asked if construction debris can be tracked. Construction recycling is one of the big programs that Metro offers. Commissioner Munro believes this may be something the City might want to look at. Jeremy Vernulyea said the City could also require recycling in their contracts for City projects. Commissioner Walsh noted that there is a market for this very valuable material. Wyss advised that staff is setting the base now for how things are currently managed. Policies will be discussed later. St. Amand said that people should be thinking about where they want to go with this - in some of our values and issues surveys, we've heard about natural resource protection, but we haven't discussed sustainability. What kind of data do we need now to help us make choices later. Commissioner Walsh noted that education only works to a certain extent. We need a structure with policies that really push recycling (e.g., incentives, both positive and negative). PLANNING COMMISSION MEETING MINUTES - June 19, 2006 - Page 4 Wyss reported that hazardous waste is regulated byDEQ. The biggest problem is household hazardous waste because it's not easily regulated. Commissioner Buehner believes there is a real problem in the community because there is no effective, efficient way to handle hazardous waste. Because recycling programs are in such disarray, we're losing a lot of people who might otherwise want to recycle. Commissioner Walsh said that education is a big help with regard to hazardous waste. Metro will take it, but it's difficult. Tigard has not done anything locally to address this; we've allowed the regional level to handle this, but they're not doing good job. Wyss advised that both Metro and DEQ have programs to help try to reduce hazardous waste and they both have collection events. Commissioner Walsh noted that this is an opportunity to partner with businesses, especially larger businesses that create hazardous waste. For wastewater sludge, Wyss reported that Clean Water Services (CWS) recycles the sludge from their facility and then transports it outside of the City. The methane gas is burned. Commissioner Buehner noted that the County has been coordinating efforts for waste management. She believes the population of the County has gotten too big for them to be able to handle it effectively. Perhaps we should explore the possibility of Tigard and Beaverton working together. President Inman said that a future consideration could be adding incentive programs. Commissioner Walsh suggested partnering with the County or Metro. St. Amand noted that there is a carrying capacity to each of the systems. We will be looking at how we're going to grow and develop. We'll have to consider how these systems can support the people. Since contracts with the garbage haulers are negotiated, Commissioner Walsh suggested that the City can affect policythrough those contracts by making different demands. Buehner believes that Metro's presentations on their programs are too long and involved. Maybe the City can help them to condense things and pick priorities. Commissioner Harbison asked if it's possible to move an item to different section in the Comp Plan if we think it would fit better elsewhere. St. Amand answered that the Comp Plan can be modified. We need to make the Plan useable for everyone. Commissioner Meads asked if it's possible to change the Municipal Code to address how long garbage cans and recycling bins can be left out on the street. Discussion moved on to the fact that the code addresses hours for construction noise, but garbage trucks don't have to follow the same rules. PLANNING COMMISSION MEETING MINUTES - June 19, 2006 - Page 5 6. WORKSESSION WITH PLANNED DEVELOPMENT REVIEW COMMITTEE John Frewing from the Planned Development Review Committee joined the Planning Commission in this discussion. Commissioner Buehner noted that the Planned Development Review Committee met last week and only made minor changes to the proposed code revisions. Commissioner Walsh advised that issues from the last Planning Commission workshop have been discussed and addressed, as well as questions and issues from outside the group and from the attorney. President Inman noticed that the concept plan and the detail plan are still separate. John Frewing advised that they can be submitted at same time but they are two different items. Dick Bewersdorff noted that if both plans are done all at once, there will only be 1 staff report. It will take longer and the fees may be higher. Conunissioner Walsh said that the heart of the matter is to keep the plan from changing too much from what goes to the neighborhood meeting and what is eventually submitted to the City. This process would provide more control and would allow the Planning Commission an opportunity to suggest changes. Commissioner Meads asked how detailed the concept plan has to be - do the homes have to be shown on the lots. The Commissioners advised that development means the putting in the roads and utilities, and creating the lots. There is no time limit for building the homes. With regard to the detailed development plan approval criteria, Commissioner Munro said the whole idea of a PD is to allow more creativity from developers. She is concerned that, if the Commission wants a developer to be more creative, would this require them to go back and do a whole new concept plan? Dick Bewersdorff answered that some things are flexible in the PD process and there are things that limit, such as street standards. He doesn't think that this has changed much. President Inman asked if the detailed development plan would require its own neighborhood meeting. If it's done separately, yes. If done concurrently, no. Commissioner Buehner believes that most of the time, the concept plan should come at the pre-app meeting. She is worried about the 120 day rule - could we be opening ourselves up for issues? Bewersdorff noted that the City can ask for an extension, or the Commission can deny an application if they have findings. President Inman thinks the language for a concept plan is very vague. Are we going to have a public hearing over a hand-drawn sketch, or are they going to be detailed plans and we've just added another step. John Frewing said it's up to the Planning Commission to ask for more details. President Inman noted that the Planning Commission already has and has exercised PLANNING COMMISSION MEETING MINUTES - June 19, 2006 - Page 6 this ability to hold developers accountable, and it doesn't require separating the process. Just because a developer may have spent a lot of money on a concept plan, doesn't mean the Planning Commission has to like it. They can send it back. Bewersdorff advised that the staff review which goes to the Planning Commission is an analysis of whether the application meets the code provisions or not. President Inman asked about the sign concept. Bewersdorff said it relates to number of signs and where they'll be placed (e.g., monument signs). If the Commission doesn't like it, they can have the developer change it. Commissioner Munro asked about the public transit improvement fund. The idea is that when developments don't have public transit facilities on site, the developer can contribute to a fund for public transit improvements elsewhere. The money would be used for CIP transit projects inside the City. President Inman asked about requiring the applicant to state his intentions with regard to building the homes or selling the lots to other builders. John Frewing said it is just their intent. They can change their mind the next day. Staff advised that the next step for the proposed code revisions would be to go through the Planning Commission public hearing process, then to the City Council. It was noted that the tool box won't be in the code officially. 7. OTHER BUSINESS President Inman reminded the Commissioners about the attendance policy. Commissioners can miss 3 meetings in a row or 6 in year. Good attendance is important - we have a lot of things coming up and we don't want to spend time re-educating Commissioners. If something does come up that would require absences in excess of the limit, she asked that people notify the Commission. The Planning Commission can decide as a group whether or not the absences would be acceptable. President Inman said she hopes to only miss 2 or 3 meetings when her baby is born. Commissioner Caffall advised he will be gone from July 17th to September 1St. The secretary reviewed the calendar with the Commissioners and handed out application binders for their next meeting on July 17th. 8. ADJOURNMENT The meeting adjourned at 8:50 p.m. PLANNING COMMISSION MEETING MINUTES - June 19, 2006 - Page 7 Jerree Lewis, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - June 19, 2006 - Page 8 MEMORANDUM ~_o ATIGARD TO: Planning Commission FROM: Darren Wyss, Associate Planner RE: Capacity Numbers DATE: June 19, 2006 At a May 2006 Planning Commission meeting, a few follow-up questions were asked in regard to buildable lands, capacity and residential density. 1. What is the overall residential density of the city? There is not a 100% accurate way to calculate the overall density of the city from existing data. We can calculate the density of new development since 1989 because of the permit database, but the information is not available before that time. However, several methods may be used to get a good "guesstimate". Using estimated dwelling units (2000 Census housing units plus dwelling units built since April 1, 2000) divided by estimated residential acres (derived from Metro GIS taxlot file), the estimated overall residential density is approximately 6 units per acre. This includes existing single family and multi-family housing units. 18,872 (estimated du)/ 3,031 (estimated residential acres) = approximately 6 dwelling units/acre 2. If the 2005 buildable lands were fully developed, would we meet the Metro Functional Plan number of 6308 additional dwelling units? At the end of 2005, Tigard had added 3281 dwelling units towards the goal of 6308 (52%). Using a methodology created by the Long Range Planning Division, the potential residential dwelling unit capacity for the 2005 Buildable Lands Inventory is 2858 to 3310. This range includes all residential and mixed-use zoning districts. The low end is based on the 80% minimum density requirements in the CDC and the high end is based on the'density of new construction in each zoning district that has occurred over the past five years. 3281 + 2858 = 6139 (97%) 3281 + 3310 = 6591 (104%) 3. Can we continue tracking buildable lands and development occurring on and outside of the buildable lands inventory? Yes, a methodology has been developed. Each will be tracked and included in the yearly Buildable Lands Inventory Report. The 2005 Report is in the final stages of completion. P1.111 Update wilm O-cs F- mr WC • ffc, Stme /C fr, 17, Cilv 20101 Pull U11,1311tte • St W'Mliz~,Jlotwl VOL 1, illu r AtIc, 1w, I'll' I-kiMcc 1,iak Ali, N\ ~Ccli of- (T 10 Land all "It"'tc of the clim, 11 it, -'Jill" rate 1 s: Agenda Item # y Meeting Date july 18, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Comprehensive Plan Update: Citizen Issues and Values Summary Prepared By. Beth St. Amand Dept Head Approval: Qty Mgr Approval: O-P ISSUE BEFORE THE COUNCIL Receive a briefing on the Comprehensive Plan Update project, including a Citizen Issues and Values Summary. STAFF RECOMMENDATION Receive and comment on the information presented. KEY FACTS AND INFORMATION SUMMARY • The City is updating its Comprehensive Plan, a citizen-driven guide for Tigard's investments and actions for the next 20 years. It guides City decisions on land use, the provision of public facilities and services, and community livability. • The Plan will be based on the values and issues identified through previous citizen surveys, Tigard Beyond Tomorrow and the Community Attitudes Survey, as well as a fact base of current conditions and state and regional requirements. Tonight's update will focus on three areas: 1. Issues and Values Summary. The attached "Citizen Issues and Values Summary" condenses all of the Issues/Values documents into a unified report to guide the planning process. It will be reviewed at tonight's meeting for Council's information and comment. 2. Project Update. Phase II, Inventory of Current Conditions, is now under way. Staff will provide a brief progress report. • 3. Planning Commission Role. The proposed Comprehensive Plan work program was reviewed at the Council's Feb. 21, 2006, meeting, which included designating the Planning Commission as the Plan's Steering Gonunittee. This action is consistent with Tigard Beyond Tomorrow's Comprehensive Plan strategy under Growth & Growth Management. At the Council's Aug. 8, 2006, meeting, the Council will be asked to pass a resolution to designate the Planning Commission as the project's Steering Committee. This future consent agenda item will be previewed briefly tonight for Council's comment. OrHER ALTERNATIVES CONSIDERED Not applicable. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goals • Revise City of Tigard Comprehensive Plan Tigard Beyond Tomorrow: Growth and Growth Management No. 6: The City Comprehensive Plan shall be reviewed and revised to: • Accommodate growth while protecting the character and livability of new and established neighborhoods; • Provide for the preservation of the natural environment and open space throughout the community, • Provide for parks and alternative transportation (e.g., bike paths); • Create community gathering places. ATTACHMENT LIST Attachment 1: Issues and Values Summary FISCAL NOTES This project is funded through the 2006-07 Long-Range Planning Division budget. I:\LRPLN\Council Materials\2006\7 18 06 AIS COMPPLANAm ATTACHMENT I DRAFT CI'T'Y] OF TIGARD ISSUES AND VALUES SUMMARY 2002-2006 202 T i g a r d 2 0 2 7 T h e C o m p r e h e n s i v e P I a n U p d a t e P r e f a c e What do Tigard residents value? From 2002 to 2006, the City conducted 11 surveys of its residents, from written surveys distributed at the library to 12-minute phone surveys, to find out what citizens think about a variety of issues from parks to city services. Today, that body of work represents an important historical record of Tigard residents' values and identified community issues. Viewed individually, each survey provides detailed information to inform decision-making about a particular topic. Collectively, the data forms a solid foundation for the City's Comprehensive Plan Update (Tigard 2027). The City's updated Comprehensive Plan will guide decisions on land use, the provision of public facilities and services, and community livability for the next 20 years. As the community develops alternatives for its future through Tigard 2027, it will build upon these issues and values. Every topic is inter-related; choices made for one topic will affect another, but all will be based on this commonality of values. To aid and inform all citizens, elected officials and staff involved with the Comprehensive Plan Update, the following document provides a unified summary of all results. Taken together, what themes emerge from the last four years, and what areas does the Comprehensive Plan Update need to consider more closely? Through this cohesive review, areas of consistency and contradiction became apparent. Areas of conflicting views for further examination have been identified, as well as areas that clearly stand out as priority. A Note About Surveys It should also be noted that the method of data collection should be considered. Surveys that are "self-selected" are considered to capture less of the public opinion spectrum; often, those on either extreme of an issue are motivated primarily to respond. Surveys that are "randomly selected" in a "scientific" survey attempt to eliminate some bias in respondent selection and capture the range of opinion on an issue. Where applicable, this analysis attempts to link each type of survey on a common issue to examine consistency. A survey index is located at end of the document. 1 I n t r o d u c t i o n In 1993, the City of Tigard asked its residents to "talk" about their community in the first Community Attitude Survey entitled "Tigard Talks." Residents were, in the words of the report, "fairly pleased" with Tigard as a place to live. Residents rated Tigard's livability as a 7.7 out of 10, citing location and atmosphere as their top reasons for enjoying life here. Top rated services included the library, senior services, police, and parks. Thirteen years later, the City of Tigard conducted its second Community Attitudes Survey. The news remained positive: the City's livability rated a 7.8 out of 10, and Tigard's citizens consistently gave living in Tigard and its services high ratings. A majority of residents also mentioned location (61%) as what they like most about living in Tigard, with atmosphere (community character (nice/quiet), safety, trees) coming in second. Once again, top-rated services included the library, police and parks.' And when residents were asked about what they liked least about living in Tigard, the second-highest response was "nothing I like least." In a world where life moves fast and change can be swift, it's encouraging to view these two surveys and see that after all, values have stayed constant in Tigard during the last thirteen years. The ideals that draw and keep residents here continue to make this a place that people call home. However, when Tigard's residents were asked in 2006 about the City's future livability, they were almost evenly divided, saying either it will be better (339/6), worse (340/o), or stay the same (27%). Over time, the issues faced by a community can shift and change happen incrementally. Surveys allow the City to monitor citizens' experiences and concerns and respond accordingly. A comparison of the top citizen-identified issues (Table 1) shows that over the last 13 years, the top three issues for Tigard are consistent, but the ranking has changed. Whereas in 1993 growth and development ranked as the top threat to quality of life (the question as asked then), in the last three years citizens have consistently ranked transportation and traffic concerns as the biggest issue. Table 1. What is the Most Important Issue for Tigard? 1993 Ti-ard Talks Survev 00 005 Ti-ard Downto,,vn 2006 Cominunitv Attitudes • Biggest quality of life) Sunre\r Random, mailed survey of Self-selected survey (409) Random, scientific survey of Random, scientific survey of residents resident voters 483 responses) resident voters 401 400 1. Development and 1. Traffic Congestion 1. Roads, traffic and 1. Traffic and congestion Growth (41%) transportation (37%) problems (37%) 2. Traffic and 2. Growth 2. Growth, population and 2. Street and road Transportation (27%) annexation improvement/maintenance* 9% 3. Safety /Crime 3. Environmental 3. Education 3. Schools and School Funding Preservation 4. Taxes and Costs 4. Downtown 4. Infrastructure/Public 4. Population/ Overcrowding Services 5. Poor Planning 5. Community 5. Public Safety Appearance 6. Education/Schools 6. Safety *2005 included this topic in roads, tra ec, tran ortation. 1 The 2006 survey did not ask about senior services. 2 As we embark on the Comprehensive Plan Update, these values and issues will guide Tigard's path to the future. The following report takes an in-depth look by topic, as defined by our citizens through their words and responses over the last four years. Transportation is Number One Issues Clearly, Traffic Congestion ranks as Tigard citizens' number-one issue. In the 2004 Tigard Beyond Tomorrow Community Survey, 2005 Tigard Downtown Improvement Survey, and the 2006 Community Attitudes Survey, Tigard residents named traffic congestion as the top community issue. In addition, one in two residents mentioned traffic as what they like least about living in Tigard (2006 Community Attitudes Survey). While some of the responses mentioned 99W, others focused on neighborhood traffic: In both the 2004 Tigard Beyond Tomorrow Community Survey and the 2006 Community Attitudes Survey results, neighborhood traffic ranked as the first and second most important residential neighborhood characteristics. Citizens also recognize the effect of transportation and traffic on Downtown. In the 2004 Downtown Survey, respondents identified Transportation one of the top two areas for improvement. Specifically, residents cited modification of the 99W/Main Street relationship, improving traffic flow, accessibility and improving the pedestrian environment. In the 2005 Citizen Leadership Communications Survey, 17 open-ended responses addressed transportation, despite the survey's communications topic. These comments focused on traffic, traffic control, and neighborhood traffic. " Tigard Beyond Tomorrow Residents also recognize that the transportation system needs I he ti-isi()n starcmcnt does 11w improvements. Nine percent of respondents ranked street and road address rf"ansporraaon. l 1~~~~ c~ cr, improvement/maintenance as the most important issue for Tigard ncc 20H5 Traffic and "lransporrarion (2006 Community Attitudes Survey and the 2005 Tigard Downtown l)irccrion srar(Anlcnt includes the Improvement Survey). Street improvements to provide better access E~" 11 int !h<,M hi"ghliglirs kc\ to Downtown produced the most support for Tigard Downtown pointsi: Improvement financing in the 2005 Tigard Downtown -Tigard takes proactive role in Improvement Survey. regional transportation planning. 1 l tvc adcynate fundiii- s()urces to Summary of Values build and maintain system Tigard residents value their travel time and want to be able to travel -Streets safely handic traffic from point A to point B easily and without being mired in traffic; for ~lc;i ned to scry c specific roads, 99W is most frequently cited as a problem, l .kcal traffic scr~ ed b\ \%-C11- particularly its effect on accessibility to the Downtown area. o mmuctcd ,trccr nctv, orl:; pritn"An Considering 99W's central location throughout Tigard, it affects a r-<,:a~ls ace<~nunodare through-traffic majority of trips throughout the City and citizens' daily experience. ro minimize traffic impacts on At the same time, residents want to preserve their neighborhood local neighborhoods livability by minimizing neighborhood traffic levels. Residents also _Alternative transportation recognize that the street system needs improvements, particularly in rncrh, ids aivm]:Iblc and eIlo mrkgcd the Downtown area. These conclusions are consistent with the Tigard Beyond Tomorrow direction statement. Future Growth and Development Issues While traffic and transportation run away with the top ranking, growth and growth management take second place in the community's consciousness. Growth has two components: an general perception of overall City growth, and a more personal perspective that considers neighborhood effects of development, which will be considered under "Community." 3 While the 2004 Tigard Beyond Tomorrow Community Survey named growth as Tigard's second most important issue (density, control or manage growth, and overdeveloped/crowded conditions), it fell to fourth in the 2006 Community Attitudes Survey issues list, preceded by traffic congestion, street improvement/maintenance, and schools and school funding. When respondents were asked what they liked least about living in Tigard, growth ranked third, behind traffic and "nothing I like least." In the 2005 Tigard Downtown Improvement Survey, 27% of residents cited growth, population and annexation issues as the most important issue facing Tigard, almost half as many as the top choice (47% for roads, traffic and transportation). Respondents addressed small lots, overcrowding, and a need for better community and growth planning. Regarding growth through annexation, while the majority of Tigard residents were supportive of annexing Bull Mountain (2002 Bull Mountain Annexation Public Attitude Survey), specific comments Tigard Beyond T'omorros> reflected a concern how growth would impact city services and taxes, 1110 Vision srltcment d(_)e: including future funding sources. not addres~ ro« rh. H()wever, the 200; Gro,, rh In the 2006 Community Attitudes Survey, when residents were asked anel Grov th Mana-cmcnt "as more people move to the region, do you believe the City should Direction titammcnt ,rates promote growth, accommodate growth, or attempt to limit growth?", the follo\vulg (uulj, "ro)v/h they were evenly divided between accommodate and limit (430/6), with 1*/r/,,.!_!C,1!<,ni'c'jll iinvtr~1~~~: 10 percent advocating for promoting growth. These results turn on the GroNvth %%ill be definition of "accommodate" and how residents perceived it. It could accommodated n-hilc either lean more toward "promote" (allow) or reflect a resignation that ;protecting the character growth will happen regardless. In any case, this question shows the and livability in ncv%' and difference in opinion for the City's future growth. establishcLl ncighborlho()ds. Summary of Values Growth is on Tigard residents' minds, although traffic and transportation is still the clear priority. Perhaps the difference in growth and traffic management reflects personal experiences. Almost every person who has to travel within Tigard experiences traffic on a daily basis. It also could relate to location of, and age of, homes; those residents located in older neighborhoods may have experienced new development within their neighborhood, while new residents are part of growth. The 2006 survey shows that the longer a respondent lived in Tigard, the corresponding percentage of "limit" growth responses increased: While 33 percent of new residents said "limit" growth, 54 percent of 20-Year-and-Over residents said limit. 2 This question reflects a difference in opinion for the City's future growth. With the failure of the Bull Mountain annexation, Tigard is essentially land-locked with growth focused on remaining parcels within Tigard's boundaries. How will Tigard grow? To answer this question, the Comprehensive Plan Update will focus on this critical topic to define the terms (accommodate), and understand the needs of existing neighborhoods and long-time residents, as well as those of new neighborhoods and residents to the area. The section regarding neighborhood characteristics (under "Community") also shows that perhaps certain amenities can affect how people accept or perceive new development/growth. Additional exploration of these characteristics will be done during the growth alternative phase to address future development and design. Lastly, it is important to citizens to consider the impacts of new growth on existing City residents and services. 2 The highest percentages of ,limit' by geographical area isn't as clear, as 20 percent of respondents were unable to identify their neighborhood school. 4 Community (Housing and Employment) Housing To assess growth's impacts on neighborhoods, both the 2006 Community Attitudes Survey and the 2004 Tigard Beyond Tomorrow Community Survey asked respondents to rate the importance of residential characteristics to neighborhood livability. Table 2 shows that the top four characteristics are almost identical, with the exception of compatibility and protection of trees and natural resource areas. While compatibility is ranked fifth in the 2006 survey, natural resources have taken a higher priority. Table 2: Residential Livabili Characteristics 2004 Ch aracteris tics Score 2006 Characteristics Score or Verv 10; 10 1111portaot) highest) 1. Compatibility between 92% 1. Protection of trees and natural 8.4 existing and new resource areas. developments 1. Neighborhood traffic 92% 2. Level of neighborhood traffic 8.2 management 3. Pedestrian and bike paths 89% 3. Maintaining existing lot sizes 7.8 within established neighborhoods 4. Maintain existing lot sizes 87% 4. Pedestrian and bike paths 7.7 within established neighborhoods 5. Undeveloped open 84% 5. Compatibility between existing 7.6 space/greenways within half and new development mile of home 6. Large lot sizes 83% 6. Bus service 7.4 7. Small neighborhood parks 82% 7. Strengthening regulations to 7.4 within a half mile of home improve the appearance of the community 8. Variety of housing types 54% said 8. Neighborhood parks within a half- 7.2 within new developments somewhat or mile of home very unimportant 9. Small lot sizes 70% said 9. Variety of housing types 7.0 somewhat or very unimportant 10. Neighborhood commercial 6.1 within a half mile of home. Overall, Table 2 shows that residents value their neighborhoods as a suburban retreat, a place away from high levels of traffic, that allows for recreation, views of trees and other natural areas. They also value maintaining existing densities and the character of their neighborhoods, especially in relation to new development. As neighborhood commercial within walking distance ranked lowest on livability indicators (2006 Community Attitudes Survey), yet pedestrian and bike paths ranked highly, it could be inferred that most residents already perform their errands by car or bus and want recreational trails in neighborhoods, as the survey shows is a strongly held value, and could want to keep their neighborhoods separate from commerce. This conclusion will be tested during the Comprehensive Plan Update. While a variety of housing types ranked significantly in the 2006 survey, it was considered unimportant to almost half of respondents in the 2004 Tigard Beyond Tomorrow survey. This difference could be due to the additional 2004 wording: ivithin new developments, which would possibly bias residents to focus mostly on their dislike or like of new developments. It could also be based on a respondent's definition of "variety": while the 2006 survey intended to refer to a diversity of product (single-family, apartments, condominiums, townhouses), the respondents could have meant aesthetics; i.e., facades and colors. 5 Downtown Downtown has been a focus of the community. Although only one survey identified Downtown as a top issue for Tigard (2004 TBT), other surveys reflect that the community values Downtown. In the 2005 Tigard Downtown Improvement Survey, 58% of respondents feel that it is either extremely important or important to have a vital downtown area that is uniquely Tigard. Eighty-four percent said that improving Downtown will be good for the whole community, and investing in Downtown will help attract business and stimulate the Tigard economy. Eighty-one percent of 2004 Tigard Beyond Tomorrow Community Survey respondents said that redeveloping/reenergizing Tigard's Downtown area was very and somewhat important. The passage of the Urban Renewal measure in May 2006 by 66% of Tigard Beyond Tomorr&v voters also shows strong community support for Downtown's The~vision'staremenr does revitalization. Downtown issues, as identified earlier, include iiot,sp'ecificalh refer to transportation and access, as well as appearance (2004 Downtown Dowritown. TllC (:on,munitv`Survey). In the 2004 Downtown Survey, 62% of respondents felt that Character,.and Qualiry,'Of t.ife the look and feel of Downtown should change. Both the 2005 and directions'tatcn)ciitwicludes 2004 Downtown-related surveys show that Downtown is very well"Tl The Main Strect Area will used; approximately 60% of respondents visit at least once a week, be seen:as<aJ61c'at poirnt for mostly to shop, use the post office, eat, or personal services. ~rthe';,comrnumty. What do people like best about Downtown? The 2004 Downtown Survey named the old-town historical character; convenience/location and businesses as primary reasons. Seventy-nine percent of the 2005 Tigard Downtown Improvement Survey respondents said they would be more likely to use the Downtown if it had more shops and restaurants. Many of the responses for Downtown also asked for a gathering place for the community. Business The 2004 Tigard Beyond Tomorrow Community Survey also asked questions specifically business. A high percentage of respondents felt that retaining existing businesses and Tigard: Beyond. Tomorrow attracting new businesses was very and somewhat important, with The vision statcrncnr states Downtown a slight priority over other commercial areas. Respondents at "small-and local„ felt very strongly about the beautifying the appearance of existing ' bus•inesses tlinve. Biisiness,~ commercial areas. This emphasis on appearance was also seen in the owners are involved aind„take 2006 Community Attitudes Survey, where respondents gave a 7.4 out of 1 ;responsibility forthe impacts, 10 to "Strengthening regulations to improve the appearance of the tlieirbusuiesses have`on the,,,,,,, community" under residential neighborhood livability characteristics. r community. Lastly, as mentioned above, a high percentage of 2005 Tigard Downtown Improvement Survey respondents believe that Downtown plays a major role in Tigard's economy, agreeing that investing in Downtown will help attract business and stimulate the Tigard economy. Summary of Values Residents value their neighborhoods as a suburban retreat, a place away from high levels of traffic, that allows for recreation, views of trees and other natural areas. They also value maintaining existing densities and the character of their neighborhoods, especially in relation to new development. Regarding housing choice: more work will need to be done to clarify the conflicting results on these questions. Downtown is important to residents; many use it on a weekly basis. They value it for the convenience, the services, and its feel. But they also recognize that changes are needed, particularly in transportation, pedestrian environment, and appearance. Many are seeking it as a gathering place, a center for the community. 6 Regarding business, residents believe that having commercial businesses is an important part of Tigard's mix, but emphasize beautifying its appearance. Natural Resources: Preserve/Protect/Respect Issues Four surveys asked specific questions regarding natural resources (wetlands, open space, greenways, trees): the 2004 Recreation Survey, 2006 Community Attitudes Survey, 2005 Tigard Downtown Improvement Survey and 2004 Tigard Beyond Tomorrow Community Survey. In the 2004 Tigard Beyond Tomorrow Community Survey, environmental preservation - which included comments addressing preservation or the need for more open space, greenways, trees and parks - was ranked as the third most important issue for the Tigard community, although it did not rank in the 2005 or 2006 surveys. The other surveys identified community values. When the 2004 Recreation Survey asked residents if they liked that the city is "considering the protection of natural wetlands and greenways" and if they favored the idea "that would preserve our natural resources," 69% agreed. Reasons k Tigdrd Beyond Tomorrow for support included need to preserve open space and it's good for the The;Rvision;statement ucludes t environment. Slightly less than half of respondents favored a bond r, measure focused on this issue; 22% were willing to pay an additional the`,following satennt amount per year. In general the concept is supported not funds (bond ague, `to' or fees). The 2005 Tigard Downtown Improvement Survey shows community, stronger support for Downtown projects: 86 % of respondents said respecropen spaeess.and natural features'; encourages. they would support projects that preserve and restore greenspaces in and around Downtown Tigard. However, that question did not tie the acce'ss,to these <byour citizens: concept to a specific funding source. The 2005 Urban& Public In the 2006 Community Attitudes Survey, protection of trees and . Services Direction Statement natural resource areas was viewed strongly as the most important does-not address this topic,14~ , neighborhood livability characteristic (8.4/10). In addition, respondents specifically; however;;it,doesa cited the city's small/rural feel (18%) and trees/greenspaces (60/6) as include the goal "Open'~space1 what they liked most about Tigard. In the 2004 Tigard Beyond Tomorrow Community Survey, 84% of respondents ranked &.greenway areasshall;be undeveloped open space/greenways as an important residential preserved-and protected " characteristic. Summary of Values When asked, Tigard's citizens consistently value natural features and areas, linking them with Tigard's identity. The strongest support is recorded when these spaces are linked with residential neighborhood livability or Downtown. This reflects residents' personal experiences with these areas. While there is strong support for the concept, there is less support for specific funding measures. Combined with environmental protection not ranking consistently in the top issues, this could show that while residents value these features, the current approach could be viewed as effective and these areas are not viewed as threatened. The Comprehensive Plan Update will need to examine this topic further. The words "respect, "preservation" and "protection" have all been used in conjunction with natural resources, in the surveys and in Tigard Beyond Tomorrow. The Comprehensive Plan Update process will need to clearly define each of these terms and further explore citizen support for these approaches. Most importantly, the financial considerations tied to these proposals must be examined, as well as trade-offs associated with additional preservation and its effect on growth. 7 Public Facilities and Services Issues and Values Survey questions on City services primarily focus on two ti gar Tid:Beyond Tomorrow areas: current performance and future services. For current performance, a low rating could identify an issue for the The Tigard Beyond Tomotr<~~~ vision, community. The City's 2006 Community Attitudes Survey, statement includes.~tlie folloutn~~i elated statements: 1 which focused on performance ratings, reflected an overall satisfaction with current services. Of the 13 services tested, "Tigard is a safe, dynamic eight scored 7.5 or above (includes Library, Police, Parks, community supported b~ Sewer/Water). The next three - the Permit Center', coordinated and efficierit.pubbc services Fiindui~ fc~i seancesis recreation and leisure activities, street maintenance - all scored around 6.5, and community planning received a 6.1. `~srihlc:. nd recij~icnrs p ~v their,,, iarc. The last service, ranked 5.3, was ability to get around the =itizeiis,aic cducarcd aGout ho"% to city. While still above the halfway point, both street access public seitixc p and maintenance and recreation activities have been identified as understand therrresponsibility to issues in other surveys. These survey results do indicate participate as,inembers~o£tlie_ community concern over street conditions, the lack of community recreation activities, traffic/transportation, and the _ Many leisure-tune and recreatioriah; effectiveness of the City's planning efforts. ;.v; copportunit%es~are available for our community. Regarding future service provision, the 2005 Tigard hhc direction,statemcm for Pubhc" Downtown Improvement Survey ranked Safctn' Mcludes: the following (repeated infrastructure/public services as the fourth most important themes_fium statement not included): " issue facing Tigard. This included more parks and recreation -Public 'SafetSr~service providers shall ; facilities; water treatment and supply; and more police, fire plan for their service deliveryin and library. These results were not replicated in the 2006 such, a -wa~~"as to m niniize"<the Community Attitudes and 2004 Tigard Beyond Tomorrow negativc impacrs <,f the regional Community Survey. It could be due to one survey allowing ::populations that -rrati el r<>:uZd multiple answers and the latter two only allowing x rhrough ~)ur community, each.dav::, respondents to choose the Most Important response. The ~tabl~ h,nding,will piov ide sections below focus on specific services named by citizens: uninterrupted'"pubho: ~afety~services ~t desired ,levels. . ...t; Public Safety. Ranked as the fourth most important issue in the 2006 Community Attitudes Survey, consistent with the 2004 Tigard Beyond Tomorrow Community Survey. While citizens rank their perception and experience with the Police Department highly, the identification of public safety as an issue differs. Residents may have identified it as an issue, when it may be actually a strongly held value. This is an area that needs further definition to properly inform the Comprehensive Plan process. Recreation and parks. In the 2004 Recreation Survey, respondents supported the creation of a Recreation Division over a special Recreation District, but struggled with the tax increases that would come with proposals for additional recreational opportunities. Even though slightly more than half of respondents opposed a bond measure for a Community Recreation Center, information that it would enhance recreational opportunities for all residents significantly increased support for the proposal (although not supportive of additional costs associated with it). Library The Library yearly survey (2003-2006) shows that users value this facility, and accessibility and convenient hours in particular. Over half of respondents visit the library at least 4 times a month, and rate the majority of services as good or excellent. These results are consistent from year to year. 3 71% of respondents had no interaction with this service. 8 Summary of Values Tigard residents value the current level of service they receive. As the above surveys show, the police, library and parks are all well-valued services by City residents. Future service improvements or provision will need to consider the cost and impact to existing residents and systems. Other Topics Identified by Residents • Education. Although the School District provides education, not the City, education has been identified as an issue. The 2006 Community Attitudes Survey included schools and school funding as the third most important issue for the City of Tigard (9% of respondents), which is consistent with the 2005 Tigard Downtown Improvement Survey (25%, multiple responses allowed). Tigard Beyond Tomorrow, which included school district staff in the visioning process, includes education in its vision statement: both for life-long learning and the responsibility of each citizens to promote and support quality education. The Schools and Education direction statement emphasizes quality education and stable funding for efficient delivery of services. The current Comprehensive Plan does not address schools, and the update does not currently include this topic. • Communication The 2005 Citizen Leadership Communications Survey addressed this topic. Residents have not identified this as an issue specifically in previous surveys as an issue or a value; Tigard Beyond Tomorrow addresses communication as a goal of Community Character and Quality of Life. However, the 2005 Communications Survey found that there is no one best way to stay in touch with the City's residents; a multitude of approaches are needed. This diverse approach will be followed throughout the Comprehensive Plan Update. • Community Appearance This issue was named as part of the 2004 Tigard Beyond Tomorrow Community Survey, both for residential and commercial concerns. "Strengthening regulations to improve the appearance of the community" had support in the recent 2006 survey under residential neighborhood livability characteristics. This is an issue that will be addressed in the Comprehensive Plan Update to determine what residents mean by this statement and what they support. 9 Table 3. Survey Index Responses 1. "Tigard Talks" Community 1993 483 Random' mailed survey of voters Attitude Survey 2. Bull Mountain Annexation 2002 305 (151 City of Random phone survey of voters Public Attitude Survey Tigard residents) 3.a. Libra Community Survey 2003 1481 Self-selected 3. b. Libra Community Survey 2004 1261 Self-selected 3. c. Libra Community Survey 2005 2834 Self-selected 3. d. Libra Communi Survey 2006 2366 Self-selected 4. Recreation Survey 2004 383 Random phone survey of voters 5. Tigard Beyond Tomorrow 2004 409 Self-selected Community Survey 6. Downtown Survey 2004 588 Self-selected 7. Tigard Downtown 2005 401 Random phone survey of Improvement Survey "supervoters" (voted in most recent elections 8. Tigard Citizen Leadership 2005 Over 230 Self-selected Communications Survey 9. Community Attitudes Survey 2006 400 Random phone survey of residents a Surveys that are "randomly selected" in a "scientific" survey attempt to eliminate some bias in respondent selection and capture the range of opinion on an issue. 10 . eCe~h ~-e d 7. 16 ~h CAM C REVISED Q19. What is the most important issue for the City of Tigard as it plans for the next 20 years? (Open-ended question) Roughly two in five residents (37%) mentioned the traffic and congestion problems in the Tigard area as important issues to consider while planning for the next 20 years. Small percentages mentioned the following as important issues for consideration: ✓ Growth (15%) ✓ Street and road improvement / maintenance (9%) ✓ Schools and school funding (8%) ✓ Public safety (6%) Many more individual issues were mentioned; please see the Verbatim Appendix page 4. MRILEY RESEARCH 22 ASSOCIATES Community Survey Data by City Tigard Lake Oswego Tualatin Hillsboro West Linn Gresham Eugene Oregon City Small Small Community/Sense I Location (Accessibility) Feeling of Safety Town/Community of Community Good Schools Shopping Opportunities Central Location N/A Feeling Atmosphere (Nice/Quiet, Safety/Low Natural Beauty Rural Feel/Small Openness and Acceptance Friendly People N/A 1 Crime, Trees, Green Freeway Access Close to Work Community Space) What do you like or value most Sense of Community/ about your City? (Top 4) Location/Close to Amenities (Schools, Quality Schools Recreational Opportunities/ 3 Parks, Library) Parks and Open Space Convenience of Location Work/Easy Opportunities to Attend Climate/Weather N/A Commute Cultural Events (Tied) Size of City, Friendly People/Good 4 Don't Know/Other Small Town Feeling Neighbors Convenience of Shopping Pretty/Scenic Job Opportunities Scenery/Terrain N/A (Tied) Growth Come City Funding/ 1 Traffic/Congestion Schools/Education Traffic School Funding Management/Ensure Drugs Taxes Character 1 Growth Growth Management Schools/Education Traffic Congestion Smooth Running Government Taxes Education Growth G What are priority future issues Growth, Traffic, for your City? (Top 4) Street and Road Road Homeless, Overpopulation/ Control 3 Improvements/ Downtown Development .Maintenance/Signs/ Growth/D Traffic Management Crime Government, School Funding Maintenance Sidewalks Growth/Development Unemployment (Tied) Lack of Retail Stores & 4 Schools/School Funding Developing More Parks Crime Improve Affordable Housing Traffic Congestion N/A Library Schools/Education & Crime (Tied) *Sateys rondwted in following years 2006 2005 Unkmwn 2003 2006 2004 2005 2006 Community Survey Data by City Tigard Lake Oswego Tualatin Hillsboro West Linn Gresham Eugene Oregon City 1 Library Services Fire Services Parks and Open Space Fire Protection Library Services Fire Services Bikeway System Fire 2 Law Enforcement Police Law Enforcement Police Protection Law Enforcement Bus/Transit Services Library Services Police What are the Top 4 City Services? 3 Parks Water Services Library Services Water Service Public Outreach Information City Parks and Access to Them Fire and Rescue Emergency Medical Services (EMS) Protecting Environment Hult Centex for 4 Water/Sewer Streets and Wildlife Parks and Recreation Parks and Recreation Recycling Performing Arts Parks Overall Quality of Life Rating 7.8 8.6 N/A 7.0 N/A 5.6 N/A N/A *Snaryf rnn hu3eArn follannngyeart 2006 2005 Unknown 2003 2006 2004 2005 2006 Agenda Item # Z Meeting Date July 18, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Status Report - Tualatin River Bike /Pedestrian Bridge Project Prepared By: A.P. uenas Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Informational briefing on the status of the Tualatin River Bike/Pedestrian Bridge Project. No Council action required. STAFF RECOMMENDATION Paul Hennon, Community Services Director for the City of Tualatin, will be making the presentation on the project. Staff recommends that Council ask questions during or after the presentation to ensure full understanding of all relevant aspects of the project. KEY FACTS AND INFORMATION SUMMARY The Tualatin River Bike/Pedestrian Bridge project constructs the long-awaited bicycle and pedestrian bridge connecting the cities of Tigard and Durham on the north side of the Tualatin River to the City of Tualatin on the south side. The project is federally funded with substantial local contributions from the cities of Tigard and Tualatin. The construction contract was awarded to Capital Concrete Construction, Inc., by ODOT (Oregon Department of Transportation) on April 17, 2006. Construction work is in progress and is expected to be completed in late 2006 or early 2007. The City of Tualatin is the lead city on this project. Paul Hennon of the City of Tualatin will be making a presentation to Council on the project and is prepared to answer any questions that may arise at that time. The alignment of the Tualatin River/Cook Park trail from the Butterfly Garden in Cook Park to the new bicycle and pedestrian bridge has been revised as part of the bridge project at its approach to the bridge. Council will also be provided a status report on the trail project, including its final alignment and schedule for implementation. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The bicycle and pedestrian bridge across the Tualatin River strongly supports the Tigard Beyond Tomorrow goal of Alternative modes of transportation will be available and use shall be maximised. ATTACHMENT LIST Memorandum to Council dated June 15, 2006 providing a brief status report on the project. FISCAL NOTES Tigard's share of the Tualatin River Bike/Pedestrian Bridge Project is $592,578 of which $224,928 is from MTIP (Metropolitan Transportation Improvement Program) funds and $367,650 is from parks SDC (system development charges) funds. The Tualatin River/Cook Park Trail from the Butterfly Garden to the bridge is funded from the City's Parks Capital Fund in the amount of $97,530. iAengtgustcoundl agenda summadestnew agenda summary formatk7-18-06 status report-tualatin Over bike-ped bridge project ais.doc MEMORANDUM TIGARD TO: Mayor and City Councilors Craig Prosser, City Manager FROM: Gus Duenas City Engineer RE: Tualatin River Bike/Ped Bridge Project DATE: June 15, 2006 At the Council meeting on June 13, 2006, Council asked about the status of the Tualatin River Bike/Ped Bridge Project. The following is a brief summary of the current status of the project: • Construction contract awarded by ODOT on April 17, 2006 • Contractor: Capital Concrete Construction, Inc. • Contract award is within the range of costs estimated for the project • Funding is not at issue at this point. It was prior to the bid resulting in additional funding being requested. That is no longer an issue. • Project is expected to be completed either by the end of calendar year 2006, or January 2007 Current construction status: The contractor is building a temporary bridge from the Tualatin side so that a crane can be moved into place to install the permanent bridge. Piles are now being installed for the permanent bridge. The construction work is progressing satisfactorily. We propose to brief Council in depth on this project at the Council workshop on July 18, 2006. Paul Hennon, Community Services Director for the City of Tualatin, will be here to make a presentation on the project and answer any questions at that time. We will include a briefing on the City's trail project and how it matches up with the new bridge. 3 I Agenda Item No. C Meeting of L/7Z-' LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award of Contract for Design Services for Phase 3 (Burnham Street Improvements) of the Tigard Downtown Comprehensive Stre tsca e Project Prepared By: A.P. uenas Dept Head Okay City Mgr Okay ISSUE BEFORE THE LCRB AND KEY FACTS Should the Local Contract Review Board approve the contract award to OTAK, Inc., for design services to perform Phase 3 (Burnham Street Improvements) of the Tigard Downtown Comprehensive Streetscape Project? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, approve the contract award to OTAK, Inc., in the amount of $463,525.00 and authorize an additional amount of $46,353.00 to be reserved for contingencies and applied as needed as the design of Burnham Street progresses towards completion and into the construction phase. The total amount committed to Phase 3 is therefore $509,878.00. KEY FACTS AND INFORMATION SUMMARY At its meeting on November 8, 2005, the Local Contract Review Board approved the contract award to OTAK, Inc., to provide design services for Phase 1 of the Tigard Downtown Comprehensive Streetscape Project and authorized the City Manager to enter into a separate contract at a later date with the same consultant (assuming satisfactory negotiations and agreement on price) for the subsequent two phases, Commercial Street Streetscape (Phase 2) and Burnham Street Improvements (Phase 3). The Commercial Street project will provide pedestrian access to the downtown area and the commuter rail station from the residential area west of the Highway 99W overpass. In addition, through implementation of streetscape design elements, it will become one of the gateways into the Tigard downtown. The construction of Burnham Street upgrades a deteriorated street to the ultimate street section needed to enhance the redevelopment efforts for the Tigard downtown and also includes gateway treatment at its intersection with Hall Boulevard. Both projects are identified as major catalyst projects to kickstart the implementation of the Tigard Downtown Improvement Plan. The original Request for Proposal included design services for all three phases. However, because the streetscape design was expected to determine the design elements to be included in Phases 2 and 3, the contract award for those two phases were withheld with the intention of executing an additional contract for those two phases once the design concepts were established and the scope of work for the next two phases were better defined. Through the streetscape design process and discussions with City Council, the Streetscape Working Group, and the City Center Advisory Commission, the design elements for Burnham Street were established. The consultant submitted cost proposals to provide design services for Phases 2 and 3. The City included additional services in the fee proposal request for Burnham Street for public involvement during the design phase, consultant support during the bid phase, design support during the construction phase, and construction staking. These services were not included in the original Request for Proposal, but will be needed as the projects proceed through the design phase into and through the construction phase. Because OTAK performed the Streetscape design for the downtown area, the firm is in the best position to perform the additional design services for the project. They are poised to begin the next two phases immediately and will not need a project orientation or a period of familiarization with both the downtown plan and the design effort so far. After extensive negotiations with the firm including total design effort required, City staff and the consultant reached agreement for the design fees to cover the basic design for Burnham Street (including assistance during the bid phase and gateway design for Hall Blvd/Burnham Street entry) plus the additional services to help the City with public involvement during the design phase, potential design issues through the construction phase, and with construction survey support. The design fees for Phase 2 (Commercial Street Streetscape) are still under negotiation. If the City can reach agreement on the fees for that phase of the project, it will be brought back to the Local Contract Review Board at a later date. However, because the Burnham Street design needs to move ahead as soon as possible, award of a contract for Phase 3 (Burnham Street Improvements) is recommended at this time. The following are the consultant fees for this phase of the overall project: Phase 3 (Burnham Street) Design services for Burnham Street (including support during the bid phase): $340,000 Additional services during design and construction phases: $ 70,025 Construction Staking: $ 54,500 Total contract amount for Phase 3 (Burnham Street Improvements): $463,525 Contingency amount for the project phase: $ 46,353 Total funding commitment requested: $509,878 OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Street improvements on Burnham Street meet the Council Goal to "Implement Downtown Plan." The project also meets the Tigard Beyond Tomorrow goals of "Improve Traffic Safety" and "Improve Traffic Flow." ATTACHMENT LIST None FISCAL NOTES The amount of $300,000 is available in the FY 2005-06 CIP for the Burnham Street Improvement Project. The project design was anticipated to begin earlier in calendar year 2006, but was delayed until the design elements could be clearly identified. In formulating the budget for FY 2006-07, it was anticipated that $20,000 would be expended in FY 2005-06 and $950,000 would be made available in the FY 2006-07 CIP for design and rights-of-way acquisition on that project. Because the contract award is so late in the fiscal year, there will be no expenditure of funds in FY 2005-06. The $20,000 projected for expenditure in FY 2005-06 and the budgeted amount of $950,000 for FY 2006-07 provides $970,000 available for the project. This amount is sufficient to award the contract to OTAK, Inc., for Phase 3 (Burnham Street Improvements) of the Tigard Downtown Comprehensive Streetscape Project covering design services and construction-related services for the design and construction of Burnham Street. It is also sufficient to allow an additional amount of $46,353 to be set aside as a contingency amount for the project. The total funding available is therefore sufficient to commit $509,878 to this phase of the Tigard Downtown Comprehensive Streetscape Project. This leaves a balance of $460,122 for rights-of-way acquisition on the project for the remainder of FY 2006-07. The right-of-way funding can be supplemented in FY 2007-08, if needed. iAeng\7us\counci1 agenda summades\new agenda summary format\6-27-06 award of contract for design services-burnham street and commercial street ais.doc