City Council Packet - 10/23/2007
City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223
TIGARD CITY COUNCIL
MEETING
October 23, 2007
COUNCIL MEETING WILL BE TELEVISED
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Phone: 503.639.4171 . Fax: 503.684.7297 , . www.tigard-or.gov . TTY Relay: 503.684.2772
City of Tigard, Oregon
Affidavit of Posting
In the Matter of the Proposed Ordinance(s) `7 _ / 4-
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Z)6 A Id 6 L f~l being first duly sworn (or affirmed), by oath
(or affirmation), depose and say:
That I g5i/ e following public and conspicuous places, a copy of Ordinance
Number(s) ~ -7- 1 e? which were adopted at the City Council
meeting of d " O 7 , with a copy(s) of said Ordinance(s) being hereto
attached and by reference made a part hereof, on the
day of e c , 20.
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon
3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon
Signature of Person who Performed Posting
Subscribed and sworn (r-~
: before me this 30 day of
~'Ot~ 3200--?
.
Signature of Notary P blic for Oregon
hadM\cathyV0"S\p0st ordinanu 2000.doc
CITY OF TIGARD, OREGON
TIGARD CITY COUNC
ORDINANCE NO. 07-
AN ORDINANCE ADOPTING TUALATIN VALLEY FIRE & RESCUE ORDINANCE 07-01
ADOPTING THE 2007 OREGON FIRE CODE AND REPEALING ORDINANCE NO. 05-02
WHEREAS, the City of Tigard enforces the State Building Code under the authority of ORS 455.150
within in the City of Tigard ; and
WHEREAS, Tualatin Valley Fire & Rescue (TVF&R) provides fire prevention and firefighting services
to the City of Tigard; and
WHEREAS, TVF&R Ordinance 07-01 adopts the 2007 Oregon Fire Code as shown in Exhibit "A";
and
WHEREAS, it is necessary to adopt TVF&R Ordinance 07-01 in order for TVF&R to apply the
Oregon Fire Code within the City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Pursuant to ORS 478.924, the 2007 Oregon Fire Code as adopted by Tualatin Valley
Fire and Rescue, a Rural Fire Protection District as Ordinance 07-01 (Exhibit A), is
hereby adopted by the City of Tigard as the City's Fire Code.
SECTION 2: Ordinance No. 05-02 is hereby repealed.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by
number and title only, this Q3 Yday of _e~ 2007.
Carol A. Krager, Deputy City Recor er
ORDINANCE No. 07- I g
Page 1
APPROVED: By Tigard City Council this 23 )-d day of UZh Ule K , 2007.
- zz
Craig irksen, Mayor
Approved as to form:
City ttorney
Date
ORDINANCE No. 07-
Page 2
EXHIBIT A
ct
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ORDINANCE 07-01
AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR TUALATIN VALLEY
FIRE AND RESCUE A RURAL FIRE PROTECTION DISTRICT, PROVIDING A REASONABLE
LEVEL OF LIFE SAFETY AND PROPERTY PROTECTION FROM THE HAZARDS OF FIRE, EXPLOSION
OR DANGEROUS CONDITIONS IN NEW AND EXISTING BUILDINGS, STRUCTURES, AND PREMISES
AND TO PROVIDE SAFETY TO FIREFIGHTERS AND EMERGENCY RESPONDERS DURING
EMERGENCY OPERATIONS, AND REPEALING ORDINANCE 04-01.
WHEREAS, Tualatin Valley Fire & Rescue, A Rural Fire Protection District, has developed uniform
fire regulations for the jurisdictions served; and,
WHEREAS, Tualatin Valley Fire and Rescue, A Rural Fire Protection District, hereinafter referred to
as the District, finds it necessary to adopt regulations that establish a minimum level of fire safety, thus
does hereby adopt the following regulations; and now, therefore;
!
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IT IS ORDAINED AS FOLLOWS:
TITLE AND FILING:
This ordinance, including the codes hereby adopted, shall be filed in the record of the District and in the
office of Washington, Multnomah, and Clackamas County Clerks and Oregon State Fire Marshal's office as
prescribed by ORS 478.940. A copy shall be posted at each fire station within the District. From the date
on which this ordinance shall take effect, provisions thereof shall be controlling within the territorial limits
of the District and within each city and county within the District approving pursuant to ORS 478.924. The
whole of this ordinance shall be known as the Fire Prevention Code and may be referred to as the Fire Code
and shall be enforced by the Fire Marshal's Office created by Ordinance 91-02.
SCOPE:
The purpose of this code is to establish the minimum requirements consistent with nationally recognized
good practice for providing a reasonable level of life safety and property protection from the hazards of fire,
explosion, or dangerous conditions in new and existing buildings, structures, and premises and to provide
safety to firefighters and emergency responders during emergency operations as authorized by ORS 478.910
SECTION I - ADOPTION OF THE 2007 OREGON FIRE CODE:
The following code is hereby adopted by the District for the purpose of prescribing regulations governing
-conditions hazardous to life and property from fire or explosion. Those certain codes and standards known j
as:
i
A. The International Fire Code, 2006 Edition, as published and copyrighted by International
Fire Code Council and as amended and adopted by the Oregon State Fire Marshal's
Office and known as the 2007 Oregon Fire Code.
Tualatin Valley Fire & Rescue 1 Ordinance 07-01
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SECTION II - ENFORCEMENT OF CODE
Notwithstanding provisions in the Oregon Fire Code authorizing or requiring inspections of buildings and i
premises or testing of fire protection systems and equipment, e.g. Sections 106.2, 901.6 and 907.20.2 or
provisions providing for enforcement of the Code, such inspections, testing and enforcement of the Code I
shall be discretionary by the Chief and other individuals charged by the Chief with such activities. The
District recognizes that it has limited financial resources with which to provide fire, rescue and other
services and functions and is forced to make public policy decisions as to allocation of District resources.
Although the District places a high priority on prevention, inspection and maintenance of fire systems, due
to financial limitations, it is the Board's policy to require inspections only so often as necessary to provide a
reasonable level of fire and life safety. Accordingly, although the Fire Chief and other individuals charged
by the Chief with these activities are encouraged to pursue them, performing such activities, as well as the
scope and frequency of such activities, shall be within the discretion of the Fire Chief. It is the intention of
the District to make clear that the District's duty to perform the inspections and testing, or to take
enforcement actions, as set forth in the Code is limited to providing a reasonable level of fire and life
safety. Such actions are discretionary.
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SECTION III - AMENDMENTS MADE IN THE 2007 OREGON FIRE CODE: i
The 2007 Oregon Fire Code is hereby adopted without amendments. i
SECTION IV - PENALTIES
Any person who violates any of the provisions of these regulations hereby adopted or fails to comply
therewith, or violates or fails to comply with any order made thereunder, or who builds in violation of
any detailed statements, specification or plans submitted and approved thereunder and from which no
appeal has been taken, or shall fail to comply with such an order as affirmed or modified by the Board
of Appeals or by a court of competent jurisdiction within the time affixed herein, shall severally, for
each and every such violation and non-compliance respectively, be guilty of a violation of the Fire
Prevention Code as provided in ORS 478.930, punishable upon conviction as prescribed by ORS
478.990. All fines or punishments authorized upon conviction shall include the costs to the District to
remedy the violation including costs of towing, storage, or removal of the hazard or obstruction if
necessary.
The Chief or designated representative may bring a complaint in law or in equity to alleviate a violation
of this ordinance as well as in addition to the rights to enforce said ordinance under the provisions of
ORS 478.930 and ORS 478.990.
SECTION V - FIRE CODE BOARD OF APPEALS
As authorized by ORS 479.180, the District may establish a board of appeals. Such board of appeals
may be implemented through bylaws and other procedures adopted by ordinance of the District. In the
event that the Fire District Board adopts a board of appeals, the provisions of this ordinance, where
appropriate, are subject to the board of appeals procedures.
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Tualatin VaUg Fire Bc Rescue 2 Ordinance 07-0I
i.
SECTION VI - REPEAL OF CONFLICTING ORDINANCES i
i
The provisions of this ordinance, i.e. the Fire Code, shall be controlling within the territorial limits of the
District and within each city and county within the District approving pursuant to ORS 478.924. The
existing fire code, Ordinance 04-01, has been approved within each city and county within the District.
The District desires that the existing fire code continue in effect until such time as the cities and counties
within the District have approved this new Fire Code pursuant to ORS 478.924. Accordingly, Ordinance
04-01, and all former ordinances or parts thereof, which are conflicting or inconsistent with the provisions
of this ordinance or of the code or standards hereby adopted, are hereby repealed, effective the effective
date of this ordinance; provided, however, that Ordinance 04-01 shall continue in effect in each city or
county which has approved it until the city or county approves this Ordinance 07-01. Further, prosecutions i
or violations under repealed ordinances may continue after the effective date of this ordinance.
SECTION VII - VALIDITY j
The District hereby declares that should any section, paragraph, sentence, or word of this ordinance or
of the Codes or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the
District that it would have passed all other portions of this ordinance independent of the elimination of
any such portion as may be declared invalid.
SECTION VIII - DATE OF EFFECT ;
The Board of Directors of the Fire District finds and determines that it is necessary and expedient that
the provisions of this ordinance become effective 30 days following adoption, as authorized by ORS
198.570.
First reading by Title only this c ~a day of U-UN E 2007. `
Second reading by Title only this c2y 1 day of L 2007.
PASSED by the District this c2d.111-A
day of ~?llL.y 2007,
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PRESID T SE TA Y-TREASURER
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Tualatin Valley Fire & Rescue 3 Ordinance 07-01
ATTACHMENT 3
CITY OF TIGARD, OREGON
ORDINANCE NO. 05- lea
AN ORDINANCE ADOPTING TUALATIN VALLEY FIRE & RESCUE ORDINANCE 04-01,
AMENDING THE 2004 OREGON FIRE CODE AND DECLARING AN EMERGENCY
WHEREAS, Tualatin Valley Fire & Rescue (TVF&R) provides fire prevention and firefighting services to
the City of Tigard; and
WHEREAS, TVF&R is granted authority by the Office of the State Fire Marshal to amend the State
adopted Fire Code; and
WHEREAS, the State Fire marshal adopted the 2003 edition of the Internatior aJ`Fire Code on October
1, 2004; and
WHEREAS, when the State adopted the 2003 edition of the International Fire Code, it became the 2004
Oregon Fire Code; and
WHEREAS, TVF&R further amended the 2004 Oregon Fire Code with Ordinance 04-01, as shown in
Exhibit "A"; and
WHEREAS, this ordinance will adopt those amendments made to the 2004 Oregon Fire Code; and
WHEREAS, the City Council has historically adopted previous Tualatin Valley Fire & Rescue
ordinances whenever there was a new edition of the fire code; and
WHEREAS, it is necessary to adopt these amendments in order for Tualatin Valley Fire & Rescue to
apply the Fire Code within the City of Tigard,
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The City of Tigard adopts amendments to the 2004 edition of the Oregon Fire Code as
amended by Tualatin Valley Fire & Rescue and shown in Exhibit A, Ordinance 04-01.
SECTION 2: Because this ordinance is necessary for the preservation of the health, safety and welfare
of the City, an emergency is declared to exist and this ordinance shall be in full force
and effect immediately on passage.
PASSED: By U/IQ' IMOUS vote of all Council members present after being read by number
and title only, this I:Rf f ay of 2005.
Catherine Wheatley, City Recorder
ORDINANCE No. 05- 4a2
Page 1
S
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2007-
AN ORDINANCE ANNEXING 1.81 ACRES, APPROVING THE HIGHLAND HILLS
SUBDIVISION ANNEXATION (ZCA2007-00003) AND WITHDRAWING PROPERTY FROM
THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE
DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS
222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the
territory proposed to be annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently he within the boundary of the Tigard Water District, Washington County Enhanced
Sheriff s Patrol District and Washington County Urban Roads Maintenance District upon completion
of die annexation; and
WHEREAS, the Tigard City Council held a public hearing on October 9, 2007, to consider the
annexation of one (1)' parcel (Washington County Tax Map 2S109AB, Tax Lot 300) of land located
north of SW Bull Mountain Road and withdrawal of said property from the Tigard Water District,
Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads
Maintenance District; and
WHEREAS, pursuant to ORS 222.520(2) die City is liable to the Tigard Water District for certain debt
obligations, however, in this instance the Tigard Water District has no debt for the City to assume,
therefore, no option regarding the assumption of debt needs to be made; and
WI IEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of d-ie annexation into the City and withdrawal of the annexed property
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and
Washington County Urban Roads Maintenance District on October 9,2007; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties
from the Tigard Water District, Washuhgton County Enhanced Sheriff s Patrol District and
Washington County Urban Roads Maintenance District; and
WHEREAS, the Tigard Development Code states that upon annexation, d-ie zone is automatically
changed to the City zoning most closely conforming to the County zoning; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations; and
ORDINANCE No. 07- 1 /
Page 1
l j WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdhawal of the annexed property from the applicable service districts is in the best
interest of the City of Tigard.
NOW, THERE, FORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcel described in the attached Exhibit
"A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water
District, Washington County Enhanced Sheriff s Patrol District and Washington County
Urban Roads Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in
support of this decision; a copy of the staff report is attached hereto as Exhibit 'T-" and
incorporated herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to irnplernent the annexation,
including certified copies of the Ordinance wid-i Metro for administrative processing,
filing with state and county agencies as required by law, and providing notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
Washington County Enhanced Sheriffs Patrol District and Washington County Urban
Roads Maintenance District shall be the effective date of this anmexation.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2008.
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By aria O 1 Ii VUS vote of all Council members present after being read by nurnber
and title only, this q, day of r f-p 32007.
Catherine watley, City Recorder
ORDINANCE No. 07- 1
Page 2
IL
APPROVED: By Tigard City Council d-iis day of V C~~~y )2007.
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Approved as to forim:
r Attorney
t 0. C O-7
Date
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ORDINANCE No. 07- 1-7
Page 3
Centerline Concepts, Inc.
EXHIBIT "A."
February 27, 2006
Shady Peak
That tract of land described in document no. 2003-17421:8, Washington
County deed records, in the NE 1/4 of Section 9, T.2S., R.I W., W.M.,
Washington County, Oregon, being more particularly described as follows:
BEGINNING at-the northwest corner of Lot 28, "Raven Ridge",
Washington County Plat records; thence S00°05'57"E on the west line of
said Lot 28, a distance of 52.45 to the most westerly southwest corner of said
Lot 28; thence S89°58'23"W on the north line of that tract of land described
in document no. 90-041679, Washington County deed records, a distance of
250.00 feet to the east line of that tract of land described in document no.
2005-008270, Washington County deed records; thence N00°05 57"W on
said east line and the east line of that tract of land described in document no.
91-030146, Washington County deed records, a distance of 315.00 feet to the
southwest corner of that tract of land described-in deed book 803, page 479,
recorded January 11, 1971, Washington County deed records; thence
S89'58'1 I "E on the south line of said book 803, page 479 tract, a distance of
250.00 feet to the most westerly northwest corner of said "Raven Ridge";
' thence S00°05'57"E on the west line of said "Raven Ridge" a distance of
262.53 feet to the POINT OF BEGINNING.
Said tract of land contains 78,748 square feet more of less.
Subject to easements of record. ANNEXATION CERTIFIED
BY
JUL 2 4 2007
QAD0CS\LGLDESC\ShadyI546-02LegalForAnnex%Vasli2-27-2006.dnc WASHINGTON COUNTY A& T
CARTOGRAPHY
700 Walla Avenue Oregon City, Oregon 97045
503 650-0188 lax 50305D-0189
20 'd 8201099COG 01 68I00S9cosid30N03 3N11N31N30 NA Wd 61:S 9002 2_2 H3j
S 8958'11 E 250.00'
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N.E. 1/4 SEC. 9, L2S., RAW., W.M.
SIGNED ON: •Z" 27-0
REGISTERED WASHINGTON COUNTY, OREGON
PROFESSIONAL FEBRUARY 27. 2006
LAN SURVEYOR DRAWN: MSG CHECKED: WGDIII
SCALE 1 *=50' ACCOUNT 1546-02
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OREGON
JULY 16. 1987
WADE G. DONOVAN J.
2276 Centerline Concepts Inc_
VALID THROUGH DECEMBER 31. 2007 700 MOLALLA AVE. OREGON CITY, OREGON 97045
PHONE 503.650.0188 FAX 503.650.0189
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EXHIBIT C
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
We, the undersigned owners of the propel described below and/or-elector(s) residingg at the referenced location(s) hereby petition for, and
RS consent to, Annexation o said properto the City of Tigard. We understand that tt'e City will review this request in accordance with
~RS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation.
LEGEND:
PO -Property Owner
RV - Registered Voter PAGE OF
OV- Pro ert Owner & Rea=M"
I AM A PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Preanct DATE,
section Number Number Number
S~!_o' / 2?3 .S•W - 25 B 300 0~'0
frrrz aj-an~~r vGC t.~rT
Mo~c LLCI
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BY M
L/hrijuUMAMnly
1:kurplnlmasterslrevisedlanxpetn.mst i5-Aug-02
DOUBLE MAJORITY WORKSHEET FOR ANNEXATION TO THE CITY OF TIGARD
Please list all properties/registered voters included in the proposal, ( If needed, use separate sheets for additional listings,)
"PROPERTIES"
PROPERTY DESIGNATION (Tax Lot Numbers) NAME OF PROPERTY OWNER ' TOTAL ACRES ASSESSED VALUE OF THE PROPERTY ED O
"*REGISTERED VOTERS"
ADDRESS OF REGISTERED VOTER NAME Of REGISTERED VOTER GNE 0
~Z S dLC r S /-tee-~ ~r W
**SUMMARY** 1:lcurplnlmastemVolsed%nxwksht.mat 15-Aug-02
TOTAL NUMBER OF REGISTERED VOTERS-IN THE PROPOSAL'
NUMBER OF REGISTERED VOTERS WHO SIGNED PETITION_ 2
PERCENTAGE OF REGISTERED VOTERS WHO SIGNED PETITION: O -,a
TOTAL ACREAGE IN THE PROPOSAL: / •
ACREAGE SIGNED FOR: /DD a
PERCENTAGE OF ACREAGE SIGNED FOR:-_
D
TOTAL NUMBER OF SINGLE-FAMILY UNITS:
TOTAL NUMBER OF MULTI-FAMILY UNITS:
TOTAL NUMBER OF COMMERCIAL STRUCTURES:
TOTAL NUMBER OF INDUSTRIAL STRUCTURES
r a~ - EXHIBIT D CITY c IT
r1HIGHLAND rmroeTroi NITY MAP
o 7-00003
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DESIGN DEVELOPMENT PLANS
9 z 0 V PRELIMINARY PLAT
w $ G , HIGHLAND HILLS LANPACIFIC.
$a RR~j-I'
3 H p 13273 SW BULL MOUNTAIN ROAD, PORTLAND, OREGON 87224 ......T w.
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EXHIBIT F
Agenda Item:
Hearin Date: October 9.2007 Time: 7:30 PM
STAFF REPORT TO THE
r~
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILENAME: HIGHLAND HILLS SUBDIVISION ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2007-00003
APPLICANT/ APPLICANT'S
OWNER Shadypeak Development, LLC REP: Planning Resources, Inc.
Attn: Tom Secolo/ Attn: Dan Jung
Nate Schwalbach 7160 SW Fir Loop, Suite 201
2675 SW Thurman Street Portland, OR 97223
r Portland, OR 97210
PROPOSAL: Annexation of one parcel just north of SW Brill Mountain Road containing a total of
1.81 acres to the City of Tigard. The applicant has received land use approval from
Washington County to develop die parcel into an 11-lot subdivision (I-Iij1dand Hills
Subdivision, case file #07-034-S); However, the available sewer, water and storm
drainage connections are within the City of T d, requiring the property to be
annexed into the City to receive services. Shady PeaK Development, the sole owner
of the subject parcel, has consented to the annexation. The owners of five
neighboring properties were invited to join the annexation, but did not accept die
invitation.
LOCATION: 13273 SW Bull Mountain Road (north of SW Bull Mountain Road, just west of
Raven Ridge subdivision); WCTM 2S109AB, Tax Lot 300.
CURRENT
ZONE: R-6 District (Residential 6 Units Per Acre). The ppurpose of the Washington County
R-6 District is to implement the policies of rise Comprehensive Plan for areas
designated for residential development at no more than six '(6) units per acre and no
less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6.
The intent of the R-6 District is to provide the opportunity 'for more flexibility in
development than is allowed in the R-5 District. The average lot area for singgle
family detached dwellings within a proposed development shalle no less than 4,5fl0
square feet and the minuiium lot area shall be 4,000 square feet. The minimum lot
area for single family attached units shall be 3,500 square feet
EQUIVALENT
CITY ZONE: R-7: Medium-Density Residential District The City of Tigard R-7 zoning district is
designed to accommodate attached single-fa.rr ily homes, detached single-family
homes with or without accessory residential units, at a minimurn lot size of 5,000
square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home
parks and subdivisions are also permitted outright. Some civic and institutional uses
are also permitted conditionally. Note: In a subdivision, lot size may be averaged to
allow lots less than the minimum lot size allowed in die underlying zoning district as
hon& as die average lot area for all lots is not less than allowed by the underlyip:
g
zoning district No lot created under this provision shall be less dean 80% of the
minunum lot size allowed in tie underlying zoning district
MGHLAND HII.LS ANNE1A'nON
ZCA2007-00003 PAGE 1 OF 9
APPLICABLE
REVIEW
CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10,
Community Development Code Chapters 18.320 and 18.390.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation (ZCA2007-00003) meets all
the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive
Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18390. Therefore, staff
recommends APPROVAL of ZCA2007-00003 by adoption of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
The 1.81-acre subject property is north of SW Bull Mountain Road with access to it through a private shared
driveway. The subject property abuts the northern boundary of Alpine View subdivision, east of SW 133"'
Avenue. The pro erty slopes down about 9% to 10% from west to east. There are no Significant Habitat
Areas on the suRect property per the City's adopted map. The existing house was built in 1963. An
accessory structure also exists on the site.
Shadyy'peak Development, LLC, purchased the property on April 25, 2006. Tom Secolo and Nate
Schwalbach, representatives of the company, initiated the annexation request. There are no registered voters
on the property. The City invited the owners of the five neighboring properties to join the annexation, but
did not receive a response.
The applicant requests ap roval of annexation of one parcel (1.81 acres) to the City of Tigard. Staff found
all right-of-way associatedpivith the subject property to already be within City limits. The povate accessway
adjacent to the subject property is already rn the City. Therefore, no right-of-way is included in the total
acreage.
The owner received land use approval from Washington County on May 18, 2007 for an 11-lot subdivision
(Highland Hills Subdivision, case file #07-034S). However, the available sewer, water and storm drainage
connections are withvn the City of Tigard, requiring the property to be annexed into the City to receive
services.
' SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND
CONCLUSIONS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
City: Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390.
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18,)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
1. Chapter 18.320.020: Approval Process and Standards
B. Approval Criteria. The decision to approve, approve with modification, or deny an application
to annex property to the City shall be based on the following criteria:
HIGHLAND HILLS ANNEL MON
ZCA2007-00003 PAGE 2 OF 9
1. All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The Cila of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water,
sewer, inage, streets, police, and fire protection. Each service is addressed below.
Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to
serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level
of services available to developed and undeveloped land in the City of Tigard."
Water - City of Tigard. Tigard Water District currently serves the subject property. Upon annexation,
City of Tigard will be the provider. Rob Murchison, Project Engineer in the Public Works Department,
submitted comments on behalf of the Department that it does not object to the proposed annexation.
Murchison states that the developer may be required to upsize the existing 4-inch water line on the north
size of the property to an 8-inch line per the City of Tigard Water Master Plan. Water is available in SW
Wilmington Road and SW Hood Vista Lane.
Sewer - Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the
provider of sewer service. According to pre-application notes by Kim McMillan (City of Tigard
ngineering Department) dated April 6, 2006, the proposed territory would have access to an 8-inch
sanitary sewer line in SW Wilmington Road and SW Hood Vista Lane. Prior to building, the development
must connect to public sanitary sewer. It will be the developer's responsibility to extend the public sewer
to serve the development and adjacent unserved properties.
Drainage - Clean Water Services/City of Tigard. Upon annexation, the City of T~'gard will be the
provider of storm drainage. The proposed territory has access to a City storm Line in SW Wilmington
Road and SW Hood Vista Lane. Prior to building, the development will be required to connect to the
public drainage system.
Streets - City of Tigard Capital Construction & Transportation Division. The subject property is
located adjacent to and east of SW Alpine Crest Way, which is adjacent to Alpine View Subdivision,
approved gy the Ci r on Jul), 18, 2005. Raven Ridge subdivision to the east contains two City street
connections (SW W Co n Lanand SW Hood Vista Lane) to wluch the development will connect.
The County has required develop' er to extend SW Wilmington Lane and SW Hood-Vista Lane.
Police - City of Tigard Police Department. The City of Tigard Police Department reviewed the
proposal and has no objections to it.
Fire - Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and
Rescue's (IVF&R's) service area. TVF&R currently serves the subject property and will continue to serve
it after it is annexed.
i' Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are
available to the proposed annexation territorv and all public services have sufficient caj?acity to provide
service to the proposed annexation territory.
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
Three Comprehensive Plan policies appl}~ to the proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff has
determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the
following findings:
Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provided an opportunity to be involved in all phases
of the planning process.
The Citymaintains an ongoing citizen involvement program. To assure citizens will be provided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type IV
land-use applications. The City posted, mailed and published notice of the public hearing as follows. The
City posted the hearing notice at four public places on August 24, 2007: Tigard Library, Tigard City Hall,
HIGHI.AND HILLS :ANNEXATION
ZC-X12007-00003 RAGE 3 OF 9
Tigard Permit Center, and in the ~riciit}r of the proposed territory off SW Bull Mountain Road. The City
published notice of'the hearing in The Tigard Tnalafin Shenvood Tines for two successive weeks (September
20, 2007 and Se tember 27, 2007) prior to the October 9, 2007, public hearing. The City also mailed notice
to all interesteyparties and surrounding property owners within 500 feet on September 17, 2007). In
addition, the City maintains a list of interested parties ornized b geography. Notice was mailed to
interested parties in the West area on September 17, _007, incy luding former members of Citizen
Involvement Team West. Staff finds that this policv is met.
Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard,
a) the City shall review each of the following services as to adequate capacity, or such services to
be made available, to serve the parcel if developed to the most intense use allowed, and will not
si niftcantly reduce the level of services available to developed and undeveloped land within the
City of Tigard: 1. Water; 2. Sewer, 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection.
As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory.
Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a
minimum lot size of 5,000 square feet. The proposed territory has an estimated maximum density of 12
residential units and estimated minimum density of 10 units'. There will be 11 units based on the County-
approved design.
The development will be required to connect to public service facilities, such as sewer, storm drainage and
water, and provide the necessary street improvements. Based on findings by the applicant and City staff,
there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire
protection) if developed to 11 residential units. The proposed annexation will not significantly reduce the
level of services available to developed and undeveloped land witlhin the City of Tigard.
Staff concludes that there is adequate capacity to serve the proposed territory water sewer drainage,
streets police, fire protection if develo a to a density erinitted and the proposed annexation will not
significantly reduce the level of services available to developed and undeveloped land within the City of
T
jgg r d.
b) If required by an adopted capital improvements program ordinance, the applicant shall sign
and record with Washington County a nonremonstrance agreement regarding the following: 1.
The formation of a local improvement district (L.I.D.) for any of the following services that could
be provided through such a district. The extension or improvement of the following: a) Water, b)
Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above
services or the inclusion of the property into a special service district for any of the above services.
This criterion does not apply. No capital improvements program requires a nonremonstrance agreement
for this area. Some urban services are already available for the proposed annexation territory; others are
available nearby and would require connections from the proposed annexation area. However, these public
r facility requirements have been assigned as part of the recent development reviehv by the County.
c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within
e Urban Growth Boundary upon annexation.
The proposed territory is within the Tigard Urban Phinningg Area and within the City's Urban Growth
Boundary. Upon annexation, urban services will be provided as outlined in the Washington County-
Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement and current City policies. Staff
finds that this policy is met.
Policy 10.1.2: Urbanization. Approval of pro osed annexations of land by the City shall be based
on findings with respect to the following a The annexation eliminates an existing "pocket" or
"island" of unincorporated territory; or, b) he annexation will not create an irregular boundary
that makes it difficult for the police in an emergency situation to determine whether the parcel is
within or outside the City; c) The Police Department has commented upon the annexation; d) the
land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The
annexation can be accommodated by the services listed in 10.1.1(a).
I Using formula for density calculadon in Chapter 18.715 of the Development Code.
141GFE AND HILLS ANN=NTION
ZCA2007-00003 PAGE 4 OF 9
a) The proposed annexation territory is part of an island of unincorporated territory. Therefore, the
proposed annexation would help reduce an island of unincorporated territory.
b) The proposed annexation will not create an irregular boundary that will make it difficult for the
police to locate a parcel in an emergency situation. By reducing the island of unincorporated
territory, the City's boundary will become more regular.
c) The City of Tigard Police Department has commented and has no objections to the proposed
annexation.
d) The UPAA (2006) includes the proposed annexation territor} within Tigard's Area of Interest. The
proposed annexation territory is contiguous to the City on three sides, where it abuts Alpine View
Subdivision to the west and south and Raven Ridge subdivision to the east.
e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by die following
services: water, sewer, drainage; streets; police; and fire protection.
Items a through a have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2.
Poliev 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington
County zoning designation, the City of Tigard shall assign the City of Tigard zoning district
designation which most closely conforms to the county zoning designation.
r
Section 18.320.020.C of the Community Development Code provides specifics on this conversion. See
Table 18.320.1.
TABLE 320.1
CONVERSION TABLE FOR COUNTY MN. -D CITY PLAN AND ZONEN G DESIGNATIONS
NN'nshington County Land Uie City of Tigard Zoning City of Tigard
Districts/Plan Designation Plan Designation
R-5 Res. 5 units,nere R4.5 SFR 7.500 sq. fr. Low deusit• 1-5 ututs'acre
R-6 Res. 6 unitslacre R-7 SFR 5.000 sq. ft. Med. density 6-12 ututslacre
R-9 Res. 9 units%acre R-12 hfulti-fumily 12 unitstacre vied. density 6-12 units acre
R-12 Res. 12 units acre R-12 lviulti-family 12 units,acre Med. density 6-12 units.acre
R-15 Res. 15 units acre R-25 multi-fvnih• 25 units'acre Meditu»-Hight densirv 13-25
t tutirs%acre
R-24 Res. 24 unitslncres R-25 Multi-funily- 25 units acre ?Nleditun-High density 13-25
uniWacre
Office Commercial C-P Commercial Professional CP Commercial Professional
NC Neighborhood Conuuercinl CN Neighborhood Commercial CN Neighborhood Commercial
CBD Coumtercinl Business CBD Corunercial Business CBD Conunercial Business
District District District
GC General Co uuercinl CG General Conuuercial CG General Commercial
INM Industrial I-L Light Indusninl Light Industrials
The subject property is zoned R-G by Waslu'ngton County. Table 320.1 summarizes tie conversion of the
County's plan and zoning desi1ggnnations. R-6 County zoning converts to the City's R-7 zoning. As this is a
Zone Change Annexation (ZCA) application upon approval and execution of the proposed annexation
die proposed territory will automatically convert to R-7 zoning. In addition, tie City s Comprehensive
Plan designation for medium-density residential will be applied to this area.
MGM-AND 1-ELLS ANNT-,3,LAMON
ZCA2007-00003 RAGE 5 OF 9
Chapter 18.320.020
C. Assignment of comprehensive plan and zoning des~'gnations.
The comprehensive plan designation and the zoning designation placed on the property shall be
the City's zoning district which most closely implements the City's or County's comprehensive
plan map designation. The assignment of these designations shall occur automatically and
concurrently with the annexation. In the case of land which carries County designations, the City
shall convert the County's comprehensive plan map and zo designations to the City
designations which are the most similar. A zone change is requi if the applicant requests a
comprehensive plan map and/or zoning map designation other than the existing designations.
(See Chapter 18.380). A request for a zone change can be processed concurrently with an
annexation application or after the annexation has been approved.
As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to
Washington County's R-6 zoningg district. The subject property is currently R-6 and will automatically
become R-7 upon annexation. Thus zone conversion will occur concurrently with the annexation process.
There have been no requests for zoning other than R-7.
City of Tigard Community Development Code
2. Chapter 18.390.060: Type N Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which
were addressed ira the previous section. Chapter 18.390 requires City Council to hold a hearin on an
annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to
publish newspaper notice; the City mailed notice on September 17, 2007, and ublished public notice in
The T.igand Dialalin Shenuood Timer for two successive weeks (September 20, 20&7 & September 27, 2007)
prior to the October 9, 2007, public hearing.
Additionally, Chapter 18.390.060 sets forth five decision-malting considerations for a Type IV
decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development
Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal
meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals.
2. Any federal or state statutes or regulations found applicable;
ORS 222:
State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when owners of l2 dl the proposed, annexation territory submit a petition to the legislative body of
the city. ORS 222.120 requires the city to hold a ppublic hearing before its legislative body (City Council)
and provide public notice to be published once eacli week for two successive weeks prior to die day of the
hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be
posted in four public places in the city for a like period.
The sole owner of land within the proposed territory has signed a petition for annexation to the City. The
proposed annexation territory is contiguous to the City's boundary on three sides.
The City published public notice in The Tigard Tualatin Sherwood Tunes for two successive weeks (September
20, 2007 8c September 27, 2007) prior to the October 9, 2007, public hearing and posted the hearing notice
at four public places on August 24, 2007: Tigard Library, Tigard City H,A Tigard Permit Center, and in
the vicinity of the proposed territory off SW Bull Mountain Road. Staff finds at the provisions of ORS
222 have been met.
I
i
HIGHLAND 1-19-IS ANNEXATION
W-A-9007-00003 PAGE 6 OF 9 j
3. Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Note that this report is
available 15 days before the hearinng (September 24, 2007 for an October 9, 2007, hearing). Staff has
determined that the applicable METRO regulations (Metro Code 3 09 040(h) &(d)) have been met based
on the following findings:
Metro 3.09.040 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall
make available to the. public a report that addresses the criteria in subsections (d) and (g) below,
and that includes at a minimum the following:
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report, urban services are available to the affected territory.
(2) A description of how the proposed boundary change complies with any urban service provider
agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary
parties;
As addressed previously in this report, the annexation proposal complies with all applicable provisions of
urban service provider agreements, UPAA (2006); and T JSA (2006).
(3) A description of how the proposed boundary change is consistent with the comprehensive
land use plans, public facility plans, regional framework and functional plans, reg~oval urban
growth goals and objectives, urban planning agreements and similar agreements of the affected
entity and of all necessary parties;
As addressed previously in this report, the annexation proposal complies with all applicable policies of the
City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TTJSA
(2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the
Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no
specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the
Urban Growth Management Functional Plan. However, the City 's Comprehensive Plan and Development
Code have been amended to comply with Metro functional plan requirements. By complying with the
Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and
the Regional Framework Plan.
(4) Whether the proposed boundary change will result in the withdrawal of the affected territory
E om the legal boundary of any necessary party; and
The proposed territory will remain within Washington County but will be required to be withdrawn from
die Washngton County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance
District and the Tigard Water District upon completion of the annexation.
(5) The proposed effective date of the decision.
The public hearing will take place October 9, 2007. If the Council adopts findito approve ZCA2007-
00003, the effective date of the annexation will be 30 days later on November 8,:-'1)W07.
Metro Code 3.09.040 (dl
(d) An approving entity's final decision on a boundary change shall include findings and
conclusions address i g the following criteria:
1. Consistency with directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
MGHL.AND I -MIS ANNEUATION
ZC.A2007-00003 PAGE 7 OF 9
As addressed previously in this application, the proposed annexation compli es livid all applicable
provisions of urban service provider agreements (UPAA (2006) and the TUSA (20060)). The proposed
annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA.
The agreements state that the County and City will be supportive of annexations to the City. Therefore,
the proposed annexation is consistent with these agreements.
2. Consistency with directly applicable provisions of urban pl ring or other agreements, other
than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary
party;
The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and
notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public
healing. The agreement states that `so that all properties within the Tigard Urban Service Area will be
served by the City, the County and City will be supportive of annexations to the City." The annexation
proposal is consistent with this agreement.
As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan
provisions. This criterion is satisfied.
4. Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plan;
This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard
Community Development Code and Comprehensive Plan, the annexation is consistent with die
Functional Plan and the Regional Framework Plan.
5. Whether the proposed change will promote or not interfere with the timely, orderly and
economic provisions of public facilities and services;
The proposed annexation will not interfere with the provision of public facilities or services because it is
consistent with the terms of the TUSA (2006which ensures the timely, orderly, and efficient extension of
public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban
services are available to the proposed annexation territory and have not been found to significantly reduce
existing service levels.
6. The territory lies within the Urban Growth Boundary; and
The proposed territory is within Metro's Urban Growth Boundary.
7. Consistency with other applicable criteria for the boundary change in question under state and
t local law.
In previous sections, this report reviewed the proposal's consistency with other applicable criteria and
found it to be consistent.
(Tigard CDC 18.390.060)
. Any applicable comprehensive plan policies; and
As demonstrated in previous sections of this report, the proposed annexation is consistent with, and
meets, all applicable comprehensive plan policies.
5. Any applicable provisions of the City's implementing ordinances.
There are no specific ixnplementin ordinances that apply to this proposed annexation. The Development
Code (Chapter 18 of the City Code) will apply to the proposed territory if or when it develops.
I
F HGFMAND HILLS ANNE-X-VnON
ZCA2007-00003 PAGE 8 OF 9
1
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Public Works Department reviewed the proposal and has no objections.
The City of Tigard Police Department has reviewed the proposal and has no objections.
The City of Tigard Engineering Department was provided the opportunity to comment on the
annexation, but did not comment. However, the Department made comments during the pre-application
and County review phases, indicating that the subject property was required to annex into die City to
receive City services.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue, which currently serves the proposed territory, has been given die
opportunity to comment, but did not cornment.
The Beaverton School District has reviewed the proposal and notes that the subject property is not
within the Beaverton School District (BSD). BSD does not expect the annexation would impact its
facilities and, therefore, has no objections.
SECTION IX. PUBLIC COMMENTS
It
The City mailed notice surrounding property owners within 500 feet and all interested parties on
September 17, 2007. As of die date of this report, staff has not received any written comments.
'~~z 4 9/24/2007
ft~PA4gpfi mily Eng DATE
Assistant Planner
9/24/2007
RFVIEWED BY: chard Bewe • f DATE
Planning Ma ages
HIGHLAND IiII LS ANNE AnON
M0007-00003 PAGE 9 OF 9
ft Revised October 22, 2007; Study Session Item Added regarding
Ftotocol for Comprehensive Flan Hearings
CONTRACT REVIEW
[:13125 CITY COUNCIL AND 1
ARD MEETING
er 23, 2007 6:30 p.m.
ARD CITY HALL J L ' - -
SW HALL BLVD GARD. OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no
sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen
Communication items are asked to be two minutes or less. Longer matters can be set for a future
Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated, it is recommended that persons interested in testifying be present by 7:15
p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after
7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled
for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171,
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
Tigard City Council and Local Contract Review Board Agenda
October 23, 2007 Page 1
AGENDA
TIGARD CITY COUNCIL MEETING
OCTOBER 23, 2007
6:301'M
• STUDY SESSION
➢ Review Requests for Quotes for the Community Survey - Administration Department
➢ Discuss December 11, 2007, Meeting with Washington County Board of Commissioners Chair
Brian - Finalize Agenda Topics
➢ Discuss Comprehensive Plan Hearing Protocol and Other Issues - 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.
7:30 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
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Tigard Area Chamber of Commerce Representative
• Follow-up to Previous Citizen Communication
3. 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:
3.1 Approve Council Minutes for September 11, 2007
Tigard City Council and Local Contract Review Board Agenda
October 23, 2007 Page 2
3.2 Approve Amendment #2 to the City Manager Agreement to Change the Annual
Performance Review Date and Merit Increase Date from March 1 of Each Year to
August 1 of Each Year
3.3 Authorize the City Manager to Execute a Deed Restriction Related to the Jim Griffith
Memorial Skate Park
3.4 Authorize the City Manager to Execute a Deed Restriction Related to the 550-Foot
Zone Reservoir No. 2 Project Site
3.5 Dedicate Non-Access Reserve Strips to the Public for Street Purposes - Resolution
No. 07-
3.6 Approve a Cooperative Agreement with the Oregon Department of Transportation
for Pavement Improvements to Upper Boones Ferry Road - Resolution No. 07-
3.7 Local Contract Review Board:
a. Award Contract for the Construction of SW Cherry Drive Sanitary Sewer
Extension (Sewer Reimbursement District No. 44) to Kuenzi Communications
b. Award Contracts for Two Landscape Architects of Records to Group MacKenzie
and MIG, Inc.
c. Approve the Purchase of Two Ford F-250 Vehicles for the Parks Division from
Landmark Ford
d. Award Contract for Financial, Human Resource, and Risk Management System
Software
• Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed firm
the Consent Agenda for separate discussion will be considered immediately after the Council has voted
on those items which do not need discussion.
4. CONSIDER ORDINANCE TO ADOPT THE 2007 OREGON FIRE CODE IN THE
CITY OF TIGARD
• Staff Report: Community Development Department
• Council Discussion
• Council Consideration: Ordinance No. 07-
5. DISCUSS TRANSPORTATION PROJECT FUNDING
• Staff Report: Community Development Department
• Council Discussion
6. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT
CPA2007-00001 - UPDATE THE GOALS, POLICIES, AND RECOMMENDED
ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR,
WATER, AND LAND RESOURCES QUALITY; GOAL 8: RECREATIONAL NEEDS;
AND GOAL 13: ENERGY CONSERVATION
a. Open Public Hearing
Tigard City Council and Local Contract Review Board Agenda
October 23, 2007 Page 3
b. Declarations or Challenges
- Does any Council member wish to declare or discuss a conflict of interest or
abstention.
C. Staff Report: Community Development Department
d. Public Testimony
Proponents
Opponents
e. Staff Recommendation
f. Council Questions
g. Close Public Hearing
h. Council Consideration: Ordinance No. 07-
7. REPORT ON LEAGUE OF OREGON CITIES ANNUAL CONFERENCE
• Staff Introduction: Administration Department
8. COUNCIL LIAISON REPORTS
9. NON AGENDA ITEMS
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.
9:30 PM
11. ADJOURNMENT
I : \ ADM \Cathy\CCA\2007 \071023p. doc
Tigard City Council and Local Contract Review Board Agenda
October 23, 2007 Page 4
r~
TIGARD CITY COUNCIL AND ,
LOCAL CONTRACT REVIEW
BOARD MEETING
October 23, 2007 6:30 p.m. u~ 13D
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
Tigard City Council and Local Contract Review Board Agenda
October 23, 2007 Page 1
AGENDA
TIGARD CITY COUNCIL MEETING
OCTOBER 23, 2007
6:30 PM
• STUDY SESSION
➢ Review Requests for Quotes for the Community Survey - Administration Department
➢ Discuss December 11, 2007, Meeting with Washington County Board of Commissioners Chair
Brian - Finalize Agenda Topics
• EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an
Executive Session is called to order, the appropriate ORS citation will be announced identifying
the applicable statute. All discussions are confidential and those present may disclose nothing
from the Session. Representatives of the news media are allowed to attend Executive Sessions,
as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive
Session may be held for the purpose of taking any final action or making any final decision.
Executive Sessions are closed to the public.
7:301'M
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
• Follow-up to Previous Citizen Communication
7:45 PM
3. 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:
3.1 Approve Council Minutes for September 11, 2007
3.2 Approve Amendment #2 to the City Manager Agreement to Change the Annual
Performance Review Date and Merit Increase Date from March 1 of Each Year to
August 1 of Each Year
Tigard City Council and Local Contract Review Board Agenda
October 23, 2007 Page 2
3.3 Authorize the City Manager to Execute a Deed Restriction Related to the Jim Griffith
Memorial Skate Park
3.4 Authorize the City Manager to Execute a Deed Restriction Related to the 550-Foot
Zone Reservoir No. 2 Project Site
3.5 Dedicate Non-Access Reserve Strips to the Public for Street Purposes - Resolution
No. 07-
3.6 Approve a Cooperative Agreement with the Oregon Department of Transportation
for Pavement Improvements to Upper Boones Ferry Road - Resolution No. 07-
3.7 Local Contract Review Board:
a. Award Contract for the Construction of SW Cherry Drive Sanitary Sewer
Extension (Sewer Reimbursement District No. 44) to Kuenzi Communications
b. Award Contracts for Two Landscape Architects of Records to Group MacKenzie
and MIG, Inc.
c. Approve the Purchase of Two Ford F-250 Vehicles for the Parks Division from
Landmark Ford
d. Award Contract for Financial, Human Resource, and Risk Management System
Software
• Con ent Agenda - Items Removed-for Sebarate Discussion: Any items requested to be removed from
the Consent Agenda for separate discussion will be considered immediately after the Council has voted
on those items which do not need discussion.
7:50 PM
4. CONSIDER ORDINANCE TO ADOPT THE 2007 OREGON FIRE CODE IN THE
CITY OF TIGARD
• Staff Report: Community Development Department
• Council Discussion
• Council Consideration: Ordinance No. 07-
8:00 PM
5. DISCUSS TRANSPORTATION PROJECT FUNDING
• Staff Report: Community Development Department
• Council Discussion
Tigard City Council and Local Contract Review Board Agenda
October 23, 2007 Page 3
8:50 PM
6. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT
CPA2007-00001 - UPDATE THE GOALS, POLICIES, AND RECOMMENDED
ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR,
WATER, AND LAND RESOURCES QUALITY; GOAL 8: RECREATIONAL NEEDS;
AND GOAL 13: ENERGY CONSERVATION
a. Open Public Hearing
b. Declarations or Challenges
- Does any Council member wish to declare or discuss a conflict of interest or
abstention.
C. Staff Report: Community Development Department
d. Public Testimony
Proponents
Opponents
e. Staff Recommendation
£ Council Questions
g. Close Public Hearing
h. Council Consideration: Ordinance No. 07-
9:35 PM
7. REPORT ON LEAGUE OF OREGON CITIES ANNUAL CONFERENCE
• Staff Introduction: Administration Department
9:50 PM
8. COUNCIL LIAISON REPORTS
9. NON AGENDA ITEMS
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.
10:00 PM
11. ADJOURNMENT
I:\ADM\Cathy\CCA\2007\071023.doc
Tigard City Council and Local Contract Review Board Agenda
October 23, 2007 Page 4
Agenda Item No. 3,1 a..
=For Agenda of o - aa- ®g
uac~
~
TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD
Meeting Minutes
October 23, 2007
STUDY SESSION
Council present: Mayor Dirksen, Councilor Sherwood, Councilor Woodruff, Councilor
Buehner and Councilor Wilson. Staff present: City Manager Prosser, Finance &
Information Services Director Sesnon, Community Development Director Coffee,
Assistant to the City Manager Newton, Associate Planner Wyss, Assistant Cormunity
Development Director Bunch and Deputy City Recorder Krager
• Review Requests for Quotes for the Community Survey
Assistant City Manager Newton introduced Campbell Delong Resources, Inc. consultants
John Campbell and Cheri Woodhull. Mr. Campbell distributed a draft of the 2007 Tigard
Community Attitudes Survey and said their firm would be conducting a scientific survey by
telephone within the next few weeks. He asked for input on what Council would like to
know. Topics identified were:
> Sidewalks
> Possible transportation bond measure
> Attitude about traffic
> Traffic solutions
> Are Council Goals getting the emphasis right?
> Do people have to go somewhere else (besides Tigard) to get what they need?
Assistant City Manager Newton said the results of the survey will be available in December.
• Discuss Topics for Upcoming Meeting with Washington County Chair Brian
City Manager Prosser read the list of potential topics. Mayor Dirksen suggested Clean
Water Services and Urbanization as priority topics. City Manager Prosser will contact Chair
Brian and report back to Council.
• Discuss Comprehensive Plan Hearing Protocol and Other Issues - Assistant
Community Development Director Bunch discussed the comprehensive plan
amendment process and options for adopting including:
Tigard City Council Meeting Minutes
October 23, 2007 1
> Move to adopt CPA 2007-00001 with changes to the Parks Chapter to address
concerns regarding Land Acquisition and Funding Recreation Programs and
Facilities
> Move to adopt with no changes (the Planning Commission's Recommendation)
> Take No Action: Continue public hearing for deliberation only
> Move to adopt any but not all of the Goal Chapters, closing public testimony
and continuing the public hearing to a date certain for deliberation only on
chapter(s) not adopted
• Attorney Fee Rates - City Manager Prosser met with City Attorney Ramis about rate
changes and noted that no adjustments have been made for a few years. City Attorney
Rainis said the requested increase is modest and due to restructuring, the rate for
paralegal services has increased but the City will no longer be charged for secretarial
services. He said as a comparison, private land use attorneys charge $350/$375 per
hour.
• City Manager Prosser reminded Council about a lunch with Tualatin Valley Fire &
Rescue scheduled for November 28, 2007.
BUSINESS MEETING
1.2. Mayor Dirksen called the business meeting to order at 7:34 p.m.
Roll Call Present Absent
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports - None
1.5 Call to Council and Staff for Non-Agenda Items - None
2. CITIZEN COMMUNICATION
Hall Ballard. 15997 NW Athens Drive. Portland, OR 97229, spoke about the And IYIe
.Bike Safety Campaign. He said life-size cutouts of cyclists will be placed in businesses
and public building lobbies to remind drivers to treat cyclists on the road as if they
"Tigard City Council Meeting Minutes
October 23, 2007 2
know them - they may be sons, daughters or neighbors. He asked about submitting a
proposal requesting financial support for bicycle safety. City Manager Prosser said
Tigard's 2008-09 budget process is beginning soon and proposals are due in February
or earlier.
Mr. Ballard said he is a cycling instructor and since he offered to give free lessons to
Beaverton's City Council; he extended the same offer to Tigard's City Councilors.
John Frewing, 7110 SW Lola Lane, Tigard, OR 97223, said he had two items regarding
tree preservation.
1. There is a large tree on Burnham Road which is in an area slated for renovation.
He said he sent an e-mail to the City Arborist but that input from the Engineering
Department would also be required. He requested that Council direct the City
Engineer to explore ways to save this tree.
Mayor Dirksen said he will ask staff what can be done to save the tree. City
Manager Prosser said the tree ui question is located in the middle of the right
of way for the Ash Street extension. He said it would be a challenge but the City is
currently looking at alternatives.
2. Mr. Frewing also commented on the Deed Restriction language required by the
Development Code to save larger trees. He is concerned that it is too generic. He
asked, "What does the term `existing tree' mean? Existing tree prior to
development? Existing tree after development? When the covenant is signed?"
He said a deed restriction may be removed if a tree dies or becomes a hazard. He
asked if this means the deed restriction goes away for all trees initially covered or
just the dead tree.
He also said it is not clear whether the reference to trees greater than 12" is a DBH
or caliper measurement.
City Attorney Ramis agreed to review the language. He reiterated that the
measurement of caliper used is the industry standard. He said regarding the loss of
a tree, there does need to be some language so if a tree dies; the covenant has not
been violated.
Councilor Wilson said that caliper is a nursery term used until a tree grows to
a certain size after which the term DBH is used.
Mr. Frewing asked if the City has to go through the same review process when
constructing their own projects. City Attorney Ramis said a tree inventory must be
submitted with any land use application and the City must go through the same
process as a private citizen would.
Tigard Chamber of Commerce Representative Marjorie Meeks updated the Council on
recent activities. She invited Council to attend upcoming events including the Tigard
Tigard City Council Meeting Minutes
October 23, 2007 3
downtown Halloween Night trick-or-treating, Tigard Tree Lighting and the Bowl-o-
rama in November.
Follow-up to Previous Citizen Communication: There was none.
3. CONSENT AGENDA: Mayor Dirksen read the Consent Agenda items.
3.1 Approve Council Minutes for September 11, 2007
3.2 Approve Amendment #2 to the City Manager Agreement to Change the
Annual Performance Review Date and Merit Increase Date from March 1 of
Each Year to August 1 of Each Year
3.3 Authorize the City Manager to Execute a Deed Restriction Related to the Jim
Griffith Memorial Skate Park
3.4 Authorize the City Manager to Execute a Deed Restriction Related to the 550-
Foot Zone Reservoir No. 2 Project Site
3.5 Dedicate Non-Access Reserve Strips to the Public for Street Purposes -
Resolution No. 07-64.
3.6 Approve a Cooperative Agreement with the Oregon Department of
Transportation for Pavement Improvements to Upper Boones Ferry Road -
Resolution No. 07-63.
3.7 Local Contract Review Board:
a. Award Contract for the Construction of SW Cherry Drive Sanitary Sewer
Extension (Sewer Reimbursement District No. 44) to Kuenzi
Communications
b. Award Contracts for Two Landscape Architects of Records to Group
MacKenzie and MIG, Inc.
c. Approve the Purchase of Two Ford F-250 Vehicles for the Parks Division
from Landmark Ford
d. Award Contract for Financial, Human Resource, and Risk Management
System Software
Councilor Buehner moved to approve the Consent Agenda. The motion was seconded by
Councilor Sherwood and all voted in favor.
Yes No
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
4. CONSIDER ORDINANCE TO ADOPT THE 2007 OREGON FIRE CODE IN
THE CITY OF TIGARD
Community Development Department Building Official Blalock introduced John
Dalby, Tualatin Valley Fire & Rescue liaison with the City for fire codes. Building
"Tigard City Council Meeting Minutes
October 23, 2007 4
Official Blalock gave background information on the requirements and highlighted
changes. He noted that the City of Tigard has traditionally adopted the Tualatin Valley
]--ire & Rescue ordinance, most recently with Ordinance No. 05-02 adopting the 2004
Oregon Fire Code edition. Building Official Blalock said approving the proposed
ordinance would repeal Ordinance No. 05-02.
Councilor Sherwood asked if property owners are notified when the fire codes changes.
Mr. Dalby said the Fire Code is not retroactive and owners are grandfathered in unless
there is a change to the building code or there is an inherent safety hazard to life or
property.
Councilor Woodruff moved to adopt Ordinance No. 07-18. Councilor Sherwood
seconded the motion. The City Recorder read the Ordinance and conducted a roll call
vote. The motion passed unanimously.
Yes No
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
5. DISCUSS TRANSPORTATION PROJECT FUNDING
Community Development Department Director Coffee and Engineer Duenas gave an
update on transportation-relating project funding shortfalls. He noted that upon the
adoption of the 2007-2008 Budget and the 2007-2012 CIP, Council and the Budget
Committee realized there would be a street project funding shortfall. He said Council
had been given a memo on October 15, 2007 detailing the project funding and funding
needed for the 5-year financing plan. He said they are asking Council for action on the
immediate financial needs; general direction on the short-term needs and he also
wanted to mention the long-term challenges.
Engineer Duenas described immediate needs and said most could be addressed with
reallocation of existing funds. He said there will be a need for additional funding for the
Bonita Road/74`" Avenue signalization. He said another key project is completing the
Commercial Street sidewalk. He said some of the money allocated for the Hall Blvd.
/Wall Street is available since the project didn't use what was projected. Engineer
Duenas said the City has a balance for the Tigard Triangle Local Improvement District
(LID). He said the developer wants to go ahead so reinstating the funding will take the
project through the preliminary report.
Councilor Buchner asked if the preliminary report would be completed this fiscal year.
Engineer Duenas thought it could come to Council in December or January, with the
public hearing set for the second Council Business meeting in January.
"Tigard City Council Meeting Minutes
October 23, 2007 5
Mayor Dirksen said commitments have been made to move ahead with the Burnham
Street and Greenburg Road/99W intersection projects and these two projects must be
funded.
Coininunity Development Director Coffee said gas tax revenues are not coming u1 at
the predicted rate and at the rate the money is coining in, we may not have enough by
the end of the five years. He said this issue will need to be addressed as part of the
short term financing for Greenburg Road discussion.
Mayor Dirksen asked if there is tithe to wait to see if revenues reach the projection.
.Engineer Duenas said there is funding in place to do the design but right-of-way
acquisition and construction will require revenue up front.
Councilor Woodruff said there was no question; voters were protuised that we would
do this so they passed the tax. He also requested that staff identify whether the Tigard
or State gas tax is being referred to in discussions.
Engineer Duenas said it may require more spending up front on design in order to pin
down more exactly what construction will cost but he felt this would be better in the
long run.
Mayor Dirksen said one possible option is go to go for a revenue bond based on
expected revenues and then go out again for the actual shortfall. City Manager Prosser
said there are always issuance costs, which fluctuate, but if we issue bonds twice we'd
have to pay issuance costs twice.
Coimntuiity Development Director Coffee said staff would be bringing back budget and
Capital Investment Program amendments to accommodate the itrttnediate needs and will
identity the short-term financing for Burnham so construction can begin next summer. He said
the Greenburg Road project will be discussed separately.
In response to a question from City Manager Prosser, Engineer Duenas discussed reasons why
the gas tax has fallen short. He said State gas tax revenues are also lower. He said drivers along
99W have more gas station options, such as King City, Portland or Sherwood. Mayor Dirksen
mentioned that people are driving less.
6. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN
AMENDMENT CPA2007-00001 - UPDATE THE GOALS, POLICIES, AND
RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE
PLANNING GOAL 6: AIR, WATER, AND LAND RESOURCES QUALITY;
GOAL 8: RECREATIONAL NEEDS; AND GOAL 13: ENERGY
CONSERVATION
Mayor Dirksen opened the public hearing at 8:16 p.m. He asked if any Council
member wished to declare or discuss a conflict of interest or abstention. There was
none.
Tigard City Council Meeting Minutes
October 23, 2007 6
The Staff Report was given by Associate Planner Wyss. He said Comprehensive Plan
Amendment (CPA 2007-00001) updates the goals, policies and recommended action
measures pertaining to Statewide Land Use Planning Goal 6-Air, Water and Land
Resource Quality; Goal 8 - Recreational Needs; and Goal 13 - Energy Conservation.
He described the process which included a lot of community input through policy
interest teams. He said the Planning Commission held a workshop and a public healing
on August 20, 2007. The Planning Commission made no changes to the
Envuonmental and Energy Conservation Sections and recommended a few minor
changes to the Parks, Trails and Open Spaces chapter, found in Attachment 1 in the
packet. He said staff recommends adopting the language forwarded by the Planning
Commission, but based on the Mayor's request, staff also provided alternative language
based on the Council's Workshop meeting.
Assistant Community Development Manager Bunch expressed staff appreciation of the
many citizens who participated in this process, as well as the boards and committees
involved including the Planning Commission.
Mayor Dirksen noted Council's appreciation of the effort and time staff and citizens
devoted to this comprehensive plan update.
Mayor Dirksen asked if there were any proponents who wished to testify.
Brian Davies, 12025 SW Springwood Drive, Ti", d, OR, identified himself as the
Chairman of the City of Tigard's Park and Recreation Advisory Board (DRAB). He said
all DRAB members support the Comprehensive Plan Amendment as it currently stands.
Councilor Wilson commended the PRAB for their enthusiasm which he said was
evident in the document.
Carl Switzer, 10310 SW Hoodview Drive, Tigard, OR, said he came to discuss Goal 8,
and specifically wanted to address the citizen involvement towards getting a recreation
program in the City of Tigard. He said as the Comprehensive Plan update process
began the Policy Interest Team spent numerous hours debating what the City deserved
and wanted. He said he supported language recommending a recreation program in
Tigard and wants the Policy Interest Team language to be incorporated - not the
modified language as forwarded by the Planning Commission. He said Tigard has a lot
of families and a need for recreation like never before. He said it is not a special interest
group, but a large number of citizens supporting bringing a recreation program to
Tigard. He requested the comments of the Policy Interest Team members be included
verbatim.
Michael Freudenthal, 15838 SW Mason Court, Tigard, OR 97224, said he supported
Goal 8 and as an original member of the reconstituted Park and Recreation Advisory
Board wanted to support the recreation effort as described by the Policy Interest Team.
He said a recreation program in Tigard is important to livability in Tigard, which is a
major focus of PRAB. He said the recently opened Skate Park shows what is possible
when people work together. He said the PRAB voted unanimously to support the
"Tigard City Council Meeting Minutes
October 23, 2007 7
original language and asked Council to reconsider the Planning Commission's changes
and revert back to the original language. He suggested that if issues arise, compromises
should be sought.
John Frewing, 7110 SW Lola Lane, Tigard OR, said he was generally in favor but had
some comments in opposition. He expressed concerns about the availability of Council
meeting materials on the website only seven days prior to meetings and said he
experienced difficulty accessing some of the larger files from the City's website. He said
in the section on Definitions (G-1), the 100-year Floodplain definition should be
expanded to not only include Fanno Creek and lower portions of Ash Creek and
Summer Creek (FEMA-identified 100-year floodplain areas) but should also apply to
any stream or any section of stream in Tigard.
Mr. Frewing said he was concerned that staff proposed Green Spaces, Open Spaces
and Natural Spaces be considered identical (G-4). He said they are three different
things and staff should be asked to distinguish between them.
He referred to page G-4 under the term Municipal Separate Storm Permit. He said this
has to do with Clean Water Services and storin water and suggested that it should say
"City implementation" because the City performs a lot of the duties called for under the
MS4 Agreement.
He said the document defines Stream Corridor as something related to water quality
functions but that a Stream Corridor also protects habitat for fish and wildlife. He said
he realizes fish and wildlife are not discussed in this section - which is about water
quality - but advised that as these definitions will be used throughout the document, the
term Stream Corridor should be corrected.
Mr. Frewing recommends die words, "Approved by the Planning Commission" be
included and that references to potential bonding measures not be deleted. He pointed
out that it says the City shall "consider"; it doesn't say the City will go out for money.
He said he likes that as a citizen because it indicates how the Council will vote on a
bond measure. He said the Policy Interest Team wants this on the table for
consideration. He said it has been discussed for many years and he questioned the
necessity of additional surveys.
Mayor Dirksen asked for a staff response to Mr. Frewing's coma-rents on definitions.
Associate Planner Wyss said the 100-year floodplain definition is consistent with both
the State and Clean Water Services definition. Regarding the MS4 permit, he said Mr.
F reeving was correct that the City has an agreement with Clean Water Services but he
did not think that changing the definition was necessary.
Mayor Dirksen said the IGA with Clean Water Services may change someday and if it
does it would require the Comprehensive Plan wording to also be changed. He said
that as it is, "somebody" has to do it but we need to keep the Comprehensive Plan
broad enough to cover potential changes in that agreement. He said he agreed with Mr.
Frewing on expanding the Stream Corridor definition.
"Tigard City Council Meeting Minutes
October 23, 2007 8
Associate Planner Roberts spoke about Green Space, Open Space and Natural Space
definitions. He said these terms are based on the Parks System Master Plan which has a
park type classification system. He said staff doesn't want to develop definitions that
differ between documents. He said Open Space is not defined in the Parks Master Plan
but is most closely defined as Green Space and Greenway.
Mayor Dirksen noted that in past discussions there was an agreement in Tigard that
Open Space means an undeveloped area.
Councilor Wilson said it is difficult when reading the Tigard Municipal Code to
distinguish between public open spaces and private open spaces with easements and he
recommended that this be addressed.
Councilor Buchner said definitions were developed by the Planned Development Code
Committee and suggested those may be helpful. Associate Planner Roberts said they
did look at those but thought it more appropriate to follow the Parks Master Plan.
City Manager Prosser suggested that staff go back through the document and see how
the words are used because taking them out of context during this meeting may not
work within the document. Councilor Wilson suggested adopting the definitions last.
Mayor Dirksen asked the City Attorney if there is a legal issue with terms being used in
different contexts.
City Attorney Ramis recommended that staff go back through the document and
ensure that each tune a term is used it is in accordance with the technical definition as it
is written. He noted that colloquial terms may not be recognized in court, unless called
out each time as a colloquial term.
Sue Beilke, 11755 SW 114`" Place, Tigard, OR 97223 distributed a statement to the
Council, a copy of which is entered as part the public hearing record. She said she was
a member of the committee working on the Parks, Open Spaces and Recreation
section. She addressed the cominents of the Planning Commission and some of the
wording. She said in Goal 8.1, Action Measure 19, their committee recommended the
words, "Where feasible and appropriate make Parks, Trails and Open Spaces universally
accessible by as many people as possible." She said the committee felt parks should be
open as much as possible to the public but there also may be sensitive areas or wetlands
where the City may not want to put a trail. She noted there may be species present that
need protection from the public. She said they want that language because it gives the
City the ability to assess each area.
Associate Planner Wyss said the Planning Commission decided to take out words such
as "where feasible and appropriate" to make this more of an action document.
Councilor Woodruff said he agreed that these words should be put back ui to give the
City more flexibility.
Tigard City Council Meeting Minutes
October 23, 2007 9
Ms. Beilke reconu-nended keeping in strong language about a recreation plan as well as
the language about a bond measure. She said the Natural Resources Inventory needs
updating on species and acreage in Tigard to reflect current information. She said a lot
of time was spent on definitions (Green Space vs. Open Spaces.) and agrees that it
should be more consistent and specific because the same issue will be raised u1 the
Natural Resources Section of the Comprehensive Plan Update.
Jason Rogers, 11035 SW Suminerlake Drive, Tigard, OR, said PRAB voted
unanimously to support a recreation program in the City. He said he and some of his
neighbors use Tualatin Hills Park and Recreation District programs and pay out-of-
District costs. He said their facilities are far superior to what can be found in Tigard
right now and he would like to see that level of program right here ui Tigard. He said
lie supports the changes in the language however, the original language was there to
make sure the Park and Recreation Program is there in the near future.
Mayor Dirksen asked if anyone else wanted to speak. There was no further public
testimony. Mayor Dirksen asked for staff recommendation.
Associate Planner Wyss said staff recommends adopting the Planning Commission
recommendations.
Councilor Buehner asked if Council could address each chapter separately since some
chapters may be easier to reach a decision on than others. Mayor Dirksen agreed and
recommended that Council discussion begin on Goal 6 and Goal 13, with Goal 8 being
considered last.
Mayor Dirksen closed the public hearing at 9:08 p.m. and Council took a recess.
Council reconvened at 9:18 p.m. and discussion resumed.
General Comments:
Councilor Wilson recommended that throughout the document the phrase "educate
the public," be changed to the phrase, "raise awareness" or "inform the public."
Mayor Dirksen agreed.
Mayor Dirksen said there were places in the document where it says "the City will
ensure..." which he felt puts the City into a position of guarantor. He suggested using
the word "require" not "ensure." City Attorney Ramis agreed this was a prudent
change.
Air Quality:
Page 6-4, Policy 7: Mayor Dirksen asked what this policy meant. Associate Planner
Wyss said the Environmental Performance Standards are located in die "Tigard
Corrunuuuty Development Code Chapter 18.725 and their purpose is to apply the
federal and state environmental rules and regulations to development in the City of
"Tigard City Council Meeting Minutes
October 23, 2007 10
Tigard. He said this means the City will change the Code to make it better than it is
now.
Page 6-4, Policy 8: Councilor Wilson said he was uncomfortable with wording in the
Policy. He said the City may not have a huge influence on current neighborhoods but
could impact areas subject to redevelopment such as downtown and other commercial
areas. He stated that the EPA and DEQ are already charged with regulating air quality
and separate regulations for lawnmowers, for example, are not necessary for Tigard.
Councilor Buchner reported that lawnmowers and blowers produce 7% of the air
pollution in the Portland metropolitan area. She said there is very little information on
this given to the public or pressure applied to manufacturers. She said the vast majority
of lawn mowers are gas powered and the technology has not changed since mowers
were invented. She wants citizens to be aware of this.
Mayor Dirksen suggested the words, "The City will encourage environmentally-friendly
behavior."
Assistant Community Development Director Bunch suggested this section would work
better as an action measure. He suggested the following wording, "The City will work
with DEQ to inform citizens about how to modify their household actions that create
emissions and reduce air quality."
Page 6-4, Action Measure iv: Councilor Wilson suggested changing this to read,
"Identify underserved neighborhoods and find funding to add transit service." He
suggested taking out the mention of T ri-Met.
Assistant Community Development Director Bunch said that would work for staff
because they want to reduce effects on air quality no matter who is providing the transit
service.
Page 6-4, Action Measure ix: Councilor Wilson said he did not agree that the City
should be running a buyback program for wood stoves.
Page 6-4, Action Measure viii: Councilor Wilson said he preferred the term "light
trespass" instead of "dark skies" regulations. Associate Planner Wyss said this section
was intended to prevent parking lot lighting where bright lights are going into
neighborhoods.
Mayor Dirksen suggested that the City research light trespass regulations in other
communities and consider developing standards for "Tigard.
Page 6-4, Action Measures ix and x: Councilor Woodruff suggested with taking out
these sections. Councilor Sherwood agreed.
City Manager Prosser noted the late hour and asked Council if they would be able to
consider Chapter 8 - Recreational Needs tonight as there were audience members in
attendance for that topic. Mayor Dirksen said Council would probably not be able to
Tigard City Council Meeting Minutes
October 23, 2007 11
reach a decision on Chapter 8 tonight. He suggested that Council continue the hearing
to November 27, 2007.
Water Quality:
Page 6.7, Policy 1: Mayor Dirksen suggested the word "require" not "ensure."
Page 6-7, Policy 5: Mayor Dirksen suggested the word "require" not "implement."
Page 6-7, Policy 7: Councilor Wilson said he would rather not refer to green street concepts
specifically because the cost benefit has not been established yet. He suggested leaving out the
words, "green street."
Page 6-8, Action Measure v: Councilor Buchner said the City should not be forced to buy all
of these properties so she suggested language such as, "Develop a management plan to allow
for the natural function in removing pollutants..." Councilor Wilson suggested, "Encourage
property owners to develop a management plan..."
Page 6-8, Action Measure vi: Mayor Dirksen asked, "Don't we already do this?" Associate
Planner Wyss said the Tualatin Riverkeepers recommended this language be added. Councilor
Wilson said he was not sure the City had the staff to do this. Mayor Dirksen said the word
"ensure" needed to come out.
Page 6-8, Action Measure viii: Councilor Sherwood said there is work started to build a day
shelter where homeless people can use the restroom facilities but she suggested leaving this
wording as is in case the shelter is not enough to address this issues.
Page 6-8, xi: City Manager Prosser said this item appears to have two items and recommended
they be separated. Council agreed with this.
Page 6-11, Action Measure viii: Mayor Dirksen said that Washington County is considering
this but it may not be at Metro or state level, not the county level. He suggested saying the City
will tale part in considering this. City Manager Prosser suggested the wording, "Work with
other jurisdictions in Washington County to consider the creation of an Office of
Sus talllabillty."
City Attorney Ramis recommended staff return with this amended Goal 6 for discussion and
consider a vote on Goals 8 and 13 on November 27, 2007. Councilor Woodruff suggested that
Council receive a copy for review prior to the meeting.
Mayor Du:ksen moved to continue this public hearing to November 27, 2007 at which time
Council will continue deliberation on these three chapters. Councilor Wilson seconded the
"Tigard City Council Meeting Minutes
October 23, 2007 12
motion and all voted in favor.
Yes No
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
7 RRPOR-T ON r T~ nG TE OF OREGON !-'T" IES ANNUAL GnrTFERE G
TFTl 7I'C2-~TYI' ZST~T~'1 ~v ~
• Staff Introduction: Administration Department
Due to the late hour, this item has been continued to the November 6, 2007 Council
meeting.
8. COUNCIL LIAISON REPORTS
9. NON AGENDA ITEMS
10. ADJOURNMENT
At 10:17 p.m. Councilor Sherwood moved for adjournment. Councilor Woodruff
seconded and all voted in favor.
Yes No
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Carol A. Ktager, Deputy City Recorder
Attest:
~f cj~'
Mayor, City of Tigard
Date: , ? D d d
1AADM\Cithy\ \2007\071023.doc
Tigard City Council Meeting Minutes
October 23, 2007 13
STUDY SESSION AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
October 23, 2007
13125 SW Hall Boulevard, Tigard, Oregon
6:30 PM
• STUDY SESSION
➢ Discuss Community Attitude Survey with Consultant - Administration Department
➢ Discuss December 11, 2007, Meeting with Washington County Board of Commissioners Chair
Brian - Finalize Agenda Topics
➢ Discuss Comprehensive Plan Hearing Protocol and Other Issues - 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.
• ADMINISTRATIVE ITEMS
o City Attorney Rates - 2008
o Attached is an October 18, 2007 memorandum from Joe Barrett regarding Consent Agenda Item No.
3.7d. The contract for this item is still under negotiaton.
o Lunch at the TVF&R Fire Station - Wednesday, November 28th ?
o Council Calendar:
October
30 Tuesday Fifth Tuesday - 7 p.m., Water Building
November
6 Tuesday Business Meeting - 6:30 p.m. - Town Hall
13 Tuesday Meeting Cancelled
20 Tuesday Workshop Meeting - 6:30 p.m. - Town Hall
27 Tuesday Business Meeting - 6:30 p.m. - Town Hall
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 closed 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) (i) - 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.
is\ADM\Cathy\CCA SS - Pink Sheet\2007\071023ps.doc
Cathy Wheatley - RE: Tigard City Council Meeting Page 1 l
From: "Noreen Lee" <Noreen_Lee@co.washington.or.us>
To: "Cathy Wheatley" <cathy@tigard-or.gov>
Date: 10/17/2007 1:00:17 PM
Subject: RE: Tigard City Council Meeting
Hi Cathy,
Thanks for the update. Chairman Brian is out of town for several weeks.
I have forwarded him the email and will let you know as soon as I hear
from him.
Thanks,
Noreen
Noreen Lee
Executive Assistant
Washington County Administrative Office and Board of Commissioners
155 North First Avenue, MS-21
Hillsboro, OR 97124
Direct Line: 503-846-8302
Office Main: 503-846-8685; FAX 503-846-4545
e-mail: noreen_lee@co.washington.or.us
website: www.co.washington.or.us
-----Original Message-----
From: Cathy Wheatley [mailto:cathy@tigard-or.gov]
Sent: Monday, October 15, 2007 11:04 AM
To: Noreen Lee
Cc: Craig Prosser; Joanne Bengtson; Liz Newton
Subject: Tigard City Council Meeting
Noreen,
Joanne Bengtson is out of the office this week, so I'm following up to
start to finalize the agenda for the discussion with Chair Brian with
the Tigard City Council on December 11.
As Joanne indicated in her earlier email to you, some topics initially
brainstormed by the Council for this meeting included the following:
Downtown Tigard and Water Feature; Urban Renewal - Bethany;
Transportation Funding; MSTIP; Urbanization - Areas 63 and 64; and Clean
Water Services. The Council will discuss narrowing the topics to a
lesser number at an upcoming Council meeting. Does Chair Brian have some
potential topics he'd like to discuss?
Thanks,
Cathy Wheatley
Cathy Wheatley, Tigard City Recorder
639-4171 Ext. 2410
NEW E-MAIL ADDRESS:
cathy@tigard-or.gov
Agenda Item No. 3, -7 d,
Meeting of I sZ23/D-l
MEMORANDUM
TO: Robert Sesnon, Financial & Information Services Director
FROM: Joe Barrett, Contracts/Purchasing Specialist
RE: Status of SunGard Bi-Tech Agreement
DATE: October 18, 2007
The City and SunGard Bi-Tech remain in negotiations regarding the final contract for the City's new
financial, human resource, and risk management software system. At this time, the parties are in full
agreement with all components of the contract with the exception of the insurance and
indemnification clauses. The negotiations regarding these clauses continue to advance, and it is
anticipated that the remaining issues will be resolved prior to next Tuesday. It is not uncommon for
these two clauses to be negotiated as the vast majority of our professional services agreements
demonstrate the same process.
While we had originally planned to include a draft copy of the final agreement as an attachment to
the LCRB consent agenda item summary, this will likely not be possible for the meeting packet. We
can obviously provide a draft of the agreement to any LCRB member who so wishes to see it once it
is completed.
COMMUNITY
NEWSPAPERS
6605 SE Lake Road, Portland, OR 97222 • PO
Box 22109 • Portland, OR 97269
Phone: 503-684-0360 Fax: 503-620-3433
Email:legals@commnewspapers.com CITY OF TIGARD
OREGON
AFFIDAVIT OF PUBLICATION
State of Oregon, County of Washington, SS
PUBLIC HEARING ITEM:
I, Charlotte Allsop, being the first duly sworn, The following will be considered by the Tigard City Council on
depose and say that I am the Accounting Tuesday October 23, 2007 at 6:30 PM at the Tigard Civic Center
Manager of The Times (serving Tigard, - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon.
Tualatin & Sherwood), a newspaper of
general circulation, published at Beaverton, in Public oral or written testimony is invited. The public hearing
the aforesaid county and state, as defined by on this matter will be held under Title 18 and rules of procedure
adopted by the Council and available at City Hall or the rules of
ORS 193.010 and 193.020, that procedure set forth in Section 18.390.060.E.
City of Tigard Further information may be obtained from the City of Tigard
CPA 2007-00001 Planning Division (Staff contact: Darren Wyss) at 13125 SW Hall
TT11033 Blvd., Tigard, Oregon 97223 or by calling 503-639-4171.
COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00001
a copy of which is hereto annexed, was Tigard Comprehensive Plan Update of Goals, Policies, and
published in the entire issue of said Recommended Action Measures Pertaining to Statewide
newspaper for Planning Goal 6: Air, Water, and Land Quality Resources, Goal
1 8: Recreation Needs, and Goal 13: Energy Conservation-
weeks in the following issues REQUEST: Amendments to the current Comprehensive Plan
October 4, 2007 Topics 3: Natural Features and Open Space; 4: Air, Water, and
Land Resources Quality; and 9: Energy by updating the goals,
policies and recommended action measures to reflect current com-
munity conditions and values. The complete text of the proposed
0,,~w C~ T7"L Amendment can be viewed on the City's website at http://www.
Charlotte Allsop (Accounting Man ger) tigard-or.gov/code-amendments. LOCATION: Citywide. ZONE:
Citywide. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.380, 18.390; Comprehensive Plan
October 4, 2007 Policies 1, 2, 3, 4, 8, & 9; Metro Functional Plan Title 3 and 13;
and Statewide Planning Goals 1, 2, 5, 6, 8, 11, 12, and 13. Publish
10/4/2007 TT 11033
NOTAR PUBLIC FOR OREGON
My commission expires
OZO 1-7
Acct #10093001 OFFICIAL SEAL
Doreen Laughlin SUZETTE I CURRAN
City of Tigard NOTARY PUBLIC-OREGON
13125 SW Hall Blvd. COMMISSION NO. 373063
MY COMMISSION EXPIRES NOV. 28, 2007
Tigard, OR 972232
Size:2 x 5.5
Amount Due $91.85
'Remit to address above
Motion to Adopt CPA2007 - 00001 with changes to the Parks Chapter to address Concerns
Regarding Land Acquisition and Funding Recreation Programs and Facilities
Move to adopt the Planning Commission's recommendation regarding revised
Comprehensive Plan Chapters pertaining to Statewide Planning Goal 6, Environmental
Quality, and Statewide Planning Goal 13, Energy Conservation, and Goal 8, Parks,
Recreation, Trails, and Open Space Chapter with the following amendments, and to replace
corresponding Comprehensive Plan Chapters with the same:
• Change previous Policy 8. 1, Policy 13 to an Action Measure and reword it to read
as follows, "Assess community interest in paying for public recreation
programs and facilities and, if supported, propose associated funding
measures for voter consideration."
• Reword Recommended Action Measure 8.3. (x) to read as follows, "Seek timely
voter approval to fund needed park and open space acquisitions and
improvements."
• Amend the Policy 8.3.1 to read as follows, "The City shall develop high quality
parks and recreation facilities throughout the community."
• Delete Recommended Action Measure 8.3 (iii)
File: Motion to adopt cpa2007 to adopt everything but amend parks statements.doc
QTY OF TIGARD, OREGON
TIGARD QTY COUNCIL
ORDINANCE NO. 07-
AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00001
TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES
PERTAINING TO STATEWIDE PLANNING GOALS 6: AIR, WATER, AND LAND
RESOURCE QUALITY, 8: RECREATIONAL NEEDS, AND 13: ENERGY CONSERVATION
WI-AREAS, the Tigard City Council directed staff to complete a full update of the Tigard
Comprehensive Plan, including a process for garnering citizen input; and
WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were
utilized to develop draft language for the update of the Tigard Comprehensive Plan; and
WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapters 3, 4,
and 9 by updating Goals, Policies, and Recommended Action Measures; and
WHEREAS, the Tigard Planning Commission held a public meeting on August 20, 2007, and
recommended approval of the proposed CPA 2007-00001 (with minor revisions) by motion and with
unanimous vote; and
WI-AREAS, on October 23, 2007, the Tigard City Council held a public hearing to consider the
Commission's recommendation on CPA 2007-00001, hear public testimony, and apply applicable
decision-making criteria.
WHEREAS, at its October 23, 2007 public hearing the Qty Council deterniined it is better policy not
to adopt Comprehensive Plan Statements that the City will take action to fund recreation programs
and related facilities and park land and open space acquisition without first gauging public support for
these actions.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Comprehensive Plan is amended pursuant to the Planning
Commission's recommendation to include the text in "EXHIBIT A" with the
following changes:
• Change previous Goal 8 Policy 8.1, Policy # 13 to an Action Measure and reword it
to read as follows, "Assess community interest in paying for public recreation
programs and facilities and, if supported, propose associated funding
measures for voter consideration."
ORDINANCE No. 07-
Page 1 ~ .
• Reword Recommended Goal 8 Action Measure 8.3. (x) to read as follows, "Seek
timely voter approval to fund needed park and open space acquisitions and
improvements."
• Amend Goal 8 Policy 8.3.1 to read as follows, "The City shall develop high
quality parks and recreation facilities throughout the community."
• Delete Recommended Goal 8Action Measure 8.3 (iii)
SECTION 2: The findings and conclusions contained in the Staff Report dated
August 13, 2007, the Planning Commission meeting minutes for August 20, 2007,
and memorandum to Council dated September 11, 2007, are adopted by reference
("EXHIBIT B", "EXHIBIT C", and "EXHIBIT U respectively)
File: Ordinance option 2 change the parks statements only and adopt everything.doc
ORDINANCE No. 07-
Page 2
ti.
SECTON 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by
number and title only, this day of 52007.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of )2007.
Craig Dirksen, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 07-
Page 2 ,~S .
Motion to Adopt with No Changes the Planning Commission's
Recommendations (CPA2007-00001)
Move to Adopt the Planning Commission's recommendation regarding revised
Comprehensive Plan Chapters pertaining to Statewide Planning Goal 6, Environmental
Quality, and Statewide Planning Goal 13, Energy Conservation and Goal 8, Parks,
Recreation, Trails, and Open Space and to replace corresponding Comprehensive Plan
Chapters with the same.
Adoption CPA2007-00001 No Changes
QTY OF TIGARD, OREGON
TIGARD QTY COUNCIL
ORDINANCE NO. 07-
AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00001
TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES
PERTAINING TO STATEWIDE PLANNING GOALS 6: AIR, WATER, AND LAND
RESOURCE QUALITY, 8: RECREATIONAL NEEDS, AND 13: ENERGY CONSERVATION
WHEREAS, the Tigard Qty Council directed staff to complete a full update of the Tigard
Comprehensive Plan, including a process for garnering citizen input; and
WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were
utilized to develop draft language for the update of the Tigard Comprehensive Plan; and
WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapters 3, 4,
and 9 by updating Goals, Policies, and Recommended Action Measures; and
WHEREAS, the Tigard Planning Commission held a public meeting on August 20, 2007, and
recommended approval of the proposed CPA 2007-00001 (with minor revisions) by motion and with
unanimous vote; and
WI-IEREAS, on October 23, 2007, the Tigard City Council held a public hearing to consider the
Commission's recommendation on CPA 2007-00001, hear public testimony, and apply applicable
decision-making criteria.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Comprehensive Plan is amended to include the text in "EXHIBIT A."
SECTION 2: The findings and conclusions contained in the Staff Report dated
August 13, 2007, the Planning Commission meeting minutes for August 20, 2007,
and memorandum to Council dated September 11, 2007, are adopted by reference
("EXHIBIT B", "EXHIBIT C", and "EXHIBIT D" respectively).
ORDINANCE No. 07-
Page 1
SECTON 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by
number and title only, this day of )2007.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of )2007.
Craig Dirksen, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 07-
Page 2
No Action: Continue Hearing for Deliberation Only
Motion to Close Public Testimony and Continue the Public Hearing to (Date) for
Deliberation
Move to close public testimony for CPA2007-00001 and continue the public hearing to
(Date) for deliberation only.
File: Motion to close testimony for Q'A2007.- 00001 and continue
D
c~ -
Adopt Goal 6, Natural Resources and Goal 13, Energy Chapters Only-
Close Public Testimony and Continue to a Date Certain for Deliberation Only on Parks
Recreation, Trails and Open Space.
Motion to Adopt CPA2007 - 00001 Comprehensive Plan Text Amendments per the
Planning Commission's Recommendation with the exception of the Parks and Recreation
and Environmental Quality Chapters - Close Public Testimony and Continue to a Date
Certain
Move to:
• Adopt the Planning Commission's recommendation regarding revised
Comprehensive Plan Chapters pertaining to Statewide Planning Goal 6,
Environmental Quality, and Statewide Planning Goal 13, Energy Censefvatie
real 4, Parks, Reer-eatien,'T+a ls, aiia Opp cpae° and to replace the corresponding
Comprehensive Plan Chapters with the same, and
• Close public testimony on the Goal 9, Parks, Recreation, Trails and Open Space
Chapter and continue the public hearing to (Date) on this portion
of the CPA2007-00001 for deliberation only.
File: Motion to Adopt CPA2007 - 00001 Comprehensive Plan Text Amendments no changes
Adopt Goal 8, Parks, Recreation, Trails and Open Space, and Goal 13,
Energy Conservation Chapters Only
Motion to Adopt CPA2007 - 00001 Comprehensive Plan Text Amendments per the
Planning Commission's Recommendation with the exception of Environmental Quality
Chapter- Close Public Testimony and Continue to a Date Certain
Move to:
Adopt the Planning Commission's recommendation regarding revised
Comprehensive Plan Chapters pertaining to ,
EftvirefHnented , Statewide Planning Goal 13, Energy Conservation and
Goal 8, Parks, Recreation, Trails, and Open Space (with/without amendments) and
to replace corresponding Comprehensive Plan Chapters with the same, and
• Close public testimony on the Goal 6, Environmental Quality Chapter and continue
the public hearing to (Date) on this portion of the CPA2007-00001
for deliberation only.
File: Motion to Adopt Q'A2007 - 00001 segment parks to a date certain
MEMORANDUM
TIGARD
TO: Craig Prosser, City Manager
FROM: Liz Newton, Assistant City Manager
RE: City Attorney Rate Increase
DATE: October 23, 2007
As you know, City Attorney Tim Ramis submitted a request dated October 11, 2007 to increase
rates for City Attorney services effective January 1, 2008. The contract provides that "theparties
mxy by nwual agtee r adjust these rates emb waract yra-'' provided the proposed rate structure is
submitted to the City not less than 60 days prior to the new contract year. The request was
submitted within the time frame.
The current and proposed rates, along with the percentage increase, are listed below.
Partners/Of Counsel $165 $180 9%
Senior Associates $145 $165 14%
Associates $115 $165 43%
Paralegal $70 $120 71%
Secretarial $50 Built into rates
It's difficult to estimate the actual impact the increased rates will have on the FY 2007-08 City
Attorney budget since time is not charged uniformly among all categories.
Although not required, it may be prudent to advise the Mayor and Council of the rate increase
should a mid-year budget adjustment be necessary.
is\adm\Ik\nrn-\2007\memo to cp re attomy(ee incre"c 071023.doc10/23/07
Contract #
CITY OF TIGARD, OREGON
ATTORNEY SERVICES CONTRACT
GENERAL LEGAL COUNCIL SERVICES
AMENDMENT#1
THE AGREEMENT between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called "City", and Ramis Crew Corrigan, LLP, hereinafter called "Legal Counsel", entered into
on the 21" day of December, 2005, is hereby amended as follows:
LEGAL COUNSEL NAME
As a result of a merger een Ramis Crew Corrigan, LLP and the firm of Jordan Schrader, the firm name
of Legal Counsel shall now Jordan Schrader Ramis PC. The City shall retain the services of all attorneys
assigned to the City prior to merger. All references to Legal Counsel throughout the aforementioned
contract shall now refer to Jo
rd Schrader Ramis PC;
CONTACT INFORMATION
Legal Counsel's contact information shall now be as follows:
Jordan Schrader Ramis PC
Attn: Timothy V. Ramis
Two Centerpointe Drive, 6`' Floor
Lake Oswego, Oregon 97035
Phone: (503) 598-7070
Fax: (503) 598-7373
www. j ordanschrader.com
All other terms and conditions of the Agreement remain in effect as executed.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Lessee has executed this Amendment upon signature and date listed below.
CITY TI JORDAN SCHRADE RAMIS
V
- 7e-, A-~
Signnaatu^ tgnature
l GUS -TZ t,,, o -U1 V. (Z 4 u.,e I
Printed Na Printed Name
/41/07 (o - v 7
A
Date Date
JORDAN SCH-
RADM HAND DELIVERED
October 11, 2007
JORDAN SCHRADER RAMIS PC
Craig Prosser, City Manager .
City of Tigard
13125 SW Hall Blvd
Tigard OR 97223
Re: Attorney Services Contract - General Legal Counsel Services
Our File No. 50014-36799
Dear Craig:
TIMOTHY V. RAMIS As you are aware, our firm has been fortunate to serve as City Attorney for
Tigard for over twenty five years, and we look forward to continuing to
Admitted in:
Oregon serve in that capacity. The present contract was entered into on December
21, 2005 establishing hourly rates for services. Those rates have been in
effect for almost two years and this contract requires us to make any
proposals for rate changes before October 31. No rate adjustment was
proposed last year as we were busy evaluating whether to merge our practice
with another firm or take another course of action.
Direct Dial I have had an opportunity to review our present rates against the market and
(503) 598-5573 have developed a proposed rate structure for your consideration. Please
accept this letter as our official request for an adjustment to rates effective
E-mail January 1, 2008.
tim. ra mis@jordanschrader. wm
Section 3 B. of the 2005 contract established the following hourly rates for
performance of services:
Partners/ Of Counsel $165.00
Senior Associates $145.00
Associates $115.00
Law Clerks/Legal Assistants $ 70.00
Secretarial $ 50.00
(p~p~ V
j- WP
50014-36799114651docl ced110/11 /2007
P.O. Box 230669 Portland, OR 97281 Phone: 503.598.7070 Fax: 503.598.7373 Toll Free: 888.598.7070 www.jordanschrader.com
1498 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Phone: 360.567.3900 Fax: 360.567.3901' Toll Free: 888.598.7070
JORDAN SCHRADER11C
ATTORNEY! AT LAW
Craig Prosser
October 11, 2007
Page 2
I propose the following rate adjustments effective January 1, 2008:
Present rate 1/01/2008
Partners $165.00 $180.00
Associates $115/$145 $165.00
Paralegal $ 70.00 $120.00
Please note that the rates for of counsel, senior associate and secretarial
support can be eliminated. We propose that all associates be charged at the
same rate as of January 1, 2008. In addition, the firm will no longer charge
for secretarial support, the service is built into the rates of the attorneys and
paralegals performing work on behalf of the City. No other changes to the
contract are proposed at this time.
I would be happy to discuss our proposal with you, and provide whatever
documentation you require in support of this proposal
Sincerely,
JORDAN SCHRADER RAMIS PC
Timothy V. Ramis
50014-36799 114653.doclced/10/11/?007
CITY OF TIGARD, OREGON
ATTORNEY SERVICES CONTRACT
GENERAL LEGAL COUNCIL SERVICES
This agreement made and entered into this 21" day of December, 2005 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Ramis Crew
Corrigan, LLP hereinafter called Legal Counsel.
WITNESSETH
WHEREAS, City has need for the services of an attorney firm with the. particular training,
ability, knowledge, and experience possessed by Legal Counsel; and
WHEREAS, City has determined that Ramis Crew Corrigan, LLP is qualified and capable of
performing the professional services as City does hereinafter require under those terms and
conditions set forth;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows;
1. LEGAL SERVICES TO BE PROVIDED
Legal Counsel agrees to complete work, which is detailed in Exhibit "A" and by this
reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective beginning January 1, 2006, and shall expire,
unless otherwise terminated or extended, on December 31, 2008. This agreement may be
extended at the agreement of both parties for three (3) additional one (1) year terms. In
accordance with the City's Public Contracting Rules the total duration of this agreement
may not exceed five (5) years.
3. COMPENSATION
A. City agrees to pay Legal Counsel in accordance with this section for performance
of services described herein. Payment shall be based upon a detailed monthly
billing showing work performed and identifying specific legal matters worked on.
B. Hourly Rates
The hourly rates shall be as follows:
Partners / Of Counsel $165.00
Senior Associates $145.00
Associates $115.00
Law Clerks / Legal Assistants $ 70.00
Secretarial $ 50.00
Page I of 12
The parties may by mutual agreement adjust these rates each contract year. 'Legal
Counsel shall submit any proposed new rate structure in writing to the. City for its
review not less than 60 days prior to the new contract year.
C. The direct cost for such items as long distance charges, messenger services,
printing, mileage (48.5 cents), copy charges (25 cents per page), faxes (20 cents
per page) and the like will be billed to City, with no markup or overhead charge
added, except that mileage charges for trips between Legal Counsel's office and
City offices shall not be charged to the City.
D. Payment by City shall release City from any further obligation for payment to
Legal Counsel, for services performed or expenses incurred as of the date of the
statement of services. Payment shall not be considered acceptance or approval of
any work or waiver of any defects therein.
E. Payment will be made in installments based on Legal Counsel's invoice, subject
to the approval of the City Manager or designee. Payment shall be made only for
work actually completed as of the date of the invoice.
F. 't'he .'City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products
of Legal Counsel which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Legal
Counsel prior to termination of this Agreement by Legal Counsel or upon completion of
the work pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and not assignment shall be of any force or effect
whatsoever unless and until the other' party has so consented. If. City agrees to
assignment of tasks to a subcontractor, Legal Counsel shall be fully responsible for the
acts of omissions of any subcontractors and of all persons employed by them, and neither
the approval by City of any subcontractor nor anything contained herein shall be deemed
to create any contractual relation between the subcontractor and City.
6. STATUS OF LEGAL COUNSEL AS INDEPENDENT CONTRACTOR
Legal Counsel certifies that:
A. Legal Counsel acknowledges that for all purposes related to this Agreement,
Legal Counsel is and shall be deemed to be an independent contractor as defined
by ORS 670.700 and not an employee of City, shall not be entitled to benefits of
any kind to which an employee of City is entitled and shall be solely responsible
for all payments and taxes required by law. Furthermore, in the event that Legal
Page 2 of 12
Counsel is found by a court of law or any administrative agency to be an
employee of City for any purpose, City shall be entitled to offset compensation
due, or to demand repayment of any amounts paid to Legal Counsel under the
terms of this Agreement, to the full extent of any benefits or other remuneration
Legal Counsel receives (from City or third party) as a result of said finding and to
the full extent of any payments that City is required or make (to Legal Counsel or
to a third party) as a result of said fording.
B. The undersigned Legal Counsel hereby represents that no employee of the City,
or any partnership or corporation in which a City employee has an interest, has or
will receive any remuneration of any description from Legal Counsel, either
directly or indirectly, in connection with the letting or performance of this
Agreement, except as specifically declared in writing.
C. Legal Counsel certifies that it currently has a City business license or will obtain
one prior to delivering services under this Agreement.
D. Legal Counsel is not an officer, employee, or agent of the City as those terms are
used in ORS 30.265.
r
7. INDEMNIFICATION
City has relied upon the professional ability and training of Legal Counsel as a material
inducement to enter into this Agreement. Legal Counsel warrants that all its work will be
performed in accordance with generally accepted professional practices and standards as
well as the requirements of applicable federal, state and local laws, it being understood
that acceptance of Legal Counsel's work by City shall not operate as a waiver or release.
Legal Counsel agrees to indemnify and defend the City, its officers, agents and
employees and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments or other costs or expenses including attorney's fees and
witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes
place) that may be asserted by any person or entity which in any way arise from, during
or in connection with the performance of the work described in this contract, except
liability arising out of the sole negligence of the City and its employees. Such
indemnification shall also cover claims brought against the City under state or federal
worker's compensation laws. If any aspect of this indemnity shall be found to be illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
8. INSURANCE
A. Legal Counsel, and its subcontractors, shall maintain insurance acceptable to City
in full force and effect throughout the term of this contract. Such insurance shall
cover all risks arising directly or indirectly out of Legal Counsel's activities or
work hereunder, including the operations of its subcontractors of any tier.
Page 3 of 12
B. The policy or policies of insurance maintained by Legal Counsel and its
subcontractors shall provide at least the following limits and coverages:
1. Commercial General Liability Insurance
Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect
during the term of this contract, Comprehensive General Liability
Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this
contract. The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Each Occurrence $1,000,000
Personal.& Advertising Injury $1;000,000
Fire Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
f
2. Legal Errors & Omissions/Lawyers Professional Liability Insurance
Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect
during the term of this contract, Legal Errors & Omissions/Lawyer's
Professional Liability Insurance covering any damages caused by an error,
omission or any negligent acts. This coverage shall include Annual
Aggregate & Per Occurrence limits of $2,000,000 per attorney.
3. Commercial Automobile Insurance
Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect
during the term of this contract, Commercial Automobile Liability
coverage including coverage for all owned, hired, and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less
than $1,000,000.
4. Workers' Compensation Insurance
Legal Counsel its subcontractors, if any, and all employers providing
work, labor or materials under this contract are subject employers under
the Oregon Workers' Compensation Law and shall comply with ORS
656.017, which requires them to provide workers' compensation coverage
that satisfies Oregon law for all their subject workers. Legal Counsel or
subcontractors who perform work without the assistance or labor of any
employee need not obtain such coverage. This shall include Employer's
Liability Insurance with coverage limits of not less than $100,000 each
accident.
Page 4 of 12
5. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile
Insurance policies and other policies the City deems necessary shall
include the City, its officers, directors, and employees as additional
insureds with respect to this contract.
6. Extended Reporting Coverage
If any liability insurance required by this contract is arranged on a "claims
made" basis, Extended Reporting coverage will be required at the
completion of this contract to a duration of 24 months or the maximum
time period the Legal Counsel's insurer will provide if less than 24
months. Legal Counsel will be responsible for furnishing certification of
Extended Reporting coverage for 24 months following contract
completion. Continuous "claims made" coverage will be acceptable in
lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract.
7. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate
limits or intent not to renew insurance coverage without 30 days' written
notice to the City. Any failure to comply with this provision will not
affect the insurance coverage provided to the City. A 30 days' notice of
cancellation provision shall be physically endorsed on the policy.
8. Insurance Carrier Rating
Coverages provided by the Legal Counsel must be underwritten by an
insurance company deemed acceptable by the City. The City reserves the
right to reject all or any insurance carrier(s) with an unacceptable financial
rating.
9. Certificates of Insurance
As evidence of the insurance coverage required by this contract, the Legal
Counsel shall furnish Certificates of Insurance to the City. No contract
shall be effected until the required certificates have been received and
approved by the City. The certificate will specify and document all
provisions within this contract. A renewal certificate will be sent to the
address listed in this section 10 days prior to coverage expiration.
10. Primary Coverage Clarification
The parties agree that Legal Counsel's coverage shall be primary to the
extent permitted by law. The parties further agree that they consider
insurance maintained by the City as excess and not contributory insurance
as to the insurance required in this section.
Page 5 of 12
11. Cross Liability Clause
A cross-liability clause or separation of insureds clause will be included in
all general liability and professional liability policies required by this
contract.
Legal Counsel's insurance policy shall contain provision that such policies shall
not be canceled or their limits of liability reduced without 30 days prior notice to
City. A copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company, or at the discretion of City, in
lieu thereof, a certificate in form satisfactory to City certifying to the issuance of
such insurance shall be forwarded to:
Loreen R. Mills, Risk Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, OR. 97223
Such policies or certificates must be delivered prior to commencement of the
work. The procuring of such required insurance shall not be construed to limit
Legal Counsel's liability hereunder. Notwithstanding said insurance, Legal
Counsel shall be obligated for the total amount of any damage, injury, or loss
caused by negligence or neglect connected with this contract.
9. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this Agreement shall be provided to
the City by a Legal Counsel which does not represent clients on matters contrary to City
interests. Further, Legal Counsel shall not engage services of an attorney and/or other
professional who individually, or through members of his/her same firm, represents
clients on matters contrary to City interests.
Should Legal Counsel represent clients on matters contrary to City interests or engage the
services of an attorney and/or other professional who individually, or through members
of his/her same firm, represents clients on matters contrary to City interests, Legal
Counsel shall consult with the appropriate City representative regarding the conflict.
After such consultation, the Legal Counsel shall have 30 days to eliminate the conflict to
the satisfaction of the City. If such conflict is not eliminated within the specified time
period, the Agreement may be terminated pursuant to Section 13 of this agreement.
10. METHOD & PLACE OF GIVING NOTICE, SUBMITTING BILLS & MAKING
PAYMENTS
All notices shall be made in writing and may be given by personal delivery or by mail.
Notices sent by mail should be addressed as follows:
Page 6 of 12
City of Tigard Ramis Crew Corrigan, LLP
Attn: Craig Prosser, City Manager Attn: Timothy V. Ramis
Mail: 13125 SW Hall Blvd. Mail: 1727 NW Hoyt Street
Tigard,. Oregon 97223 Portland, Oregon 97209
Phone: (503) 6394171 Phone: (503) 2224402
Fax: (503) 684-7297 Fax: (503) 243-2944
Email Address: craig_@tigard-or.gov Email Address: timr(c~rcclawyers.com
e
and when so addressed, shall be deemed given upon deposit in the United States mail,
postage prepaid. In all other instances, notices, bills and payments shall be deemed given
at the time of actual delivery. Changes may be made in the names and addresses of the
person to whom notices, bills and payments are to be given by giving written notice
pursuant to this paragraph. All bills and payments shall be sent to the attention of the
City's Senior Accountant at 13125 SW Hall Blvd., Tigard, Oregon 97223.
11. MERGER
This writing is intended both as a final expression of the Agreement between the parties
with respect to the included terms and as a complete and exclusive statement of the terms
of the Agreement. No modification of this Agreement shall be effective unless and until
it is made in writing and signed by both parties.
12. TERMINATION WITHOUT CAUSE
At any time and without cause, as authorized under Tigard Municipal Code 2.60.010, the
City shall have the right in its sole discretion, to terminate this Agreement by giving
notice to Legal. Counsel. If City terminates the contract pursuant to this paragraph, it
shall pay Legal Counsel for services rendered to the date of termination. Termination by
City must be done by motion of the City Council.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to
Legal Counsel, or at such later date as may be established by City, under any of
the following conditions:
1. If City funding from federal, state, local, or other sources is not obtained
and continued at levels sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds.
2. If federal or state regulations or guidelines are modified, changes, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Agreement.
3. If any license or certificate required by law or regulation to be held by
Legal Counsel, its subcontractors, agents, and employees to provide the
services required by this Agreement is for any reason denied, revoked or
not renewed.
4. If Legal Counsel becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Legal Counsel, if a receiver or trustee is
Page 7 of 12
appointed for Legal Counsel, or if there is an assignment for the benefit of
creditors of Legal Counsel.
Any such termination of this Agreement under paragraph (A) shall be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Legal Counsel,
may terminate the whole or any part of this Agreement:
1. If Legal Counsel fails to provide services called for by this Agreement
within the time specified herein or any extension thereof, or
2. If Legal Counsel fails to perform any of the other provisions of this
Agreement, or so fails to pursue the work as to endanger performance of
this Agreement in accordance with its terms, and after receipt of written
notice from City, fails to correct such failures within ten (10) days or such
other period as City may authorize.
3. If Legal Counsel fails to eliminate a conflict as described in Section 9 of
r this Agreement.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Legal Counsel shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Legal Counsel shall be entitled to
receive as full, payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Legal. Counsel bear to the total services otherwise
required or be performed for such total fee; provided, that there shall be deducted from
such amount the amount of damages, if any, sustained by City due to breach of contract
by Legal Counsel. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
14. ACCESS TO RECORDS
City shall have access to books, documents, papers and records of Legal Counsel that are
directly pertinent to this Agreement for the purpose of making audits, examinations,
excerpts and transcripts.
15. CITY ATTORNEY BAR MEMBERSHIP/OCAA MEMBERSHIP
REQUIREMENTS
Legal Counsel is responsible for maintaining Legal Counsel's professional standing as a
member of the Oregon State Bar Association and the Oregon City Attorney's Association.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Legal Counsel of any
of the terms of this Agreement or to exercise any rights hereunder, should not be
Page 8 of 12
construed,as a waiver or relinquishment to any extent of its rights to assert or rely upon
such terms or rights on any future occasion.
17. ATTORNEYS' FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties
agree that the losing party shall pay such sum as the court may adjudge reasonable
attorney fees and court costs, including attorney's fees and court costs on appeal.
18. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of
the laws of the State of Oregon. Any action or suits involving any question arising under
this Agreement must be brought in the appropriate court of the State of Oregon.
19. COMPLIANCE WITH APPLICABLE LAW
Legal Counsel shall comply with all federal, state and local laws and ordinances,
applicable public contracts, and to the work to be done under this contract.
20. CONFLICT.BETWEEN TERMS
It is further expressly' agreed by and between the parties hereto that should there by any
conflict between the terms of this instrument in the proposal of the contract, this
instrument shall control and nothing herein shall be considered as an acceptance of the
said terms of said proposal conflicting herewith.
21. AUDIT
Legal Counsel shall maintain records to assure conformance with the terms and
conditions of this Agreement, and to assure adequate performance and accurate
expenditures within the contract period. Legal Counsel agrees to permit City, the State of
Oregon, the federal government,. or their duly authorized representatives to audit all
records pertaining to this Agreement to assure the accurate expenditure of funds.
22. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or
invalid by any court of competent jurisdiction, the remainder of this Agreement shall
remain in full force and effect and shall in no way be affected or invalidated thereby.
23. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the
parties. No waiver, consent, modification, or change of terms of this Agreement shall
bind either party unless in writing and signed by both parties. Such waiver, consent,
modification, or change if made, shall be effective only in specific instances and for the
specific purpose given. There are no understandings, agreements, or representations, oral
or written, not specified herein regarding this Agreement. Legal Counsel, by the
signature of its authorized representative, hereby acknowledges that he has read this
Agreement, understands it and agrees to be bound by its terms and conditions.
Page 9 of 12
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly
authorized undersigned officer and Legal Counsel has executed this Agreement on the date
hereinabove first written.
Approved by Tigard Local Contract Review Board on the 20`h day of December, 2005
CITY O RAMIS CREW CO GAN LLP
By: A/1
By: J2:n:--A
Signature City Manager ignature of Legal Counsel Principal
Printed Anine of City Manager Printed Name of Legal Counsel Principal
Date: /~Sr`Z1 6 Date: ~ht~ ~'`r y-, ~71~ D t'O
f
Page 10 of 12
EXHIBIT A
SCOPE OF LEGAL SERVICES
GENERAL ATTORNEY SERVICES
Counsel will be responsible for City legal representation as authorized by the City Council.
Authorization to perform specific tasks will come from the Mayor, City Council, City Manager
or other persons directly authorized by the Mayor, City Council or the City Manager. Counsel
shall appoint an attorney to act as lead attorney. The lead attorney is required to attend all City
Council meetings depending on the content or actions taking place. In the event that the lead
attorney is not available for a meeting, Counsel shall further designate a backup lead attorney to
attend the meetings. Legal Counsel will advise the City Manager with appropriate notice if
neither the lead attorney nor the backup lead attorney is available for a City Council meeting.
1. Unless otherwise specified by the Mayor, City Council, Counsel will. be responsible for:
a. Legal aspects of general administration of City business, including preparing and
providing legal opinions, assist with establishment of correct procedures, drafting
and reviewing ordinances, resolutions, contracts, orders, agreements, and other
legal. documents, and related tasks needed to support City personnel, Mayor,
Council, and City Manager.
b. Providing sound legal direction on all forms of City business, including, but not
limited to, the following:
1) Real Property Transactions;
2) Public Financing;
3) Land Use Law;
4) Local Budget Law;
5) Codification of Ordinances;
6) Election Laws;
7) Open Meeting Laws;
8) Public Record Laws;
9) Public Contracting;
10) Franchise Law (i.e. Solid Waste);
11) Annexation Law;
12) Public/Private Partnerships;
13) Oregon Revised Statutes;
14) Public Meeting Law;
15) General Business Law;
16) Employment Law; and
17) Labor Relations.
C. Training of nonlegal personnel in the performance of legally related tasks in order
to reduce legal expenses.
d. Regular att endance at City Council meetings and attendance at other municipal
meetings on request.
e. Represent the City during litigation or Municipal Court prosecution.
Page I l of 12
L Review City Council packets and provide advice prior to meetings. Review
Planning Commission packets when requested and provide timely advice prior to
meetings.
g. Notify City of changes in state and federal laws that require changes in city codes,
ordinances, regulations or policy. Work with city staff to provide appropriate
amendments to city codes, ordinance, regulations or policies to remain in
compliance with applicable laws.
2. Legal activities such as complex litigation and special project assignments which fall
outside of the above categories, and which would include costs exceeding the projections
of the City's budget for legal services, must be authorized by the City Council. Counsel
and the City Manager will regularly review the level of expenditures on legal services
and will prioritize projects in order to stay within the budgeted amounts.
3. Counsel will coordinate with the City Manager and department heads, but within the
chain of command shall report directly to the City Council. In this regard, in the event a
conflict develops between- the Council and City Manager, the Counsel will represent the
Council but will notify the City Manager at first knowledge of a conflict.
4. The City reserves the right in appropriate situations to retain separate outside counsel. It
is recognized that the City presently utilizes other law firms to provide representation in
personnel issues, labor relations, and water-related matters (i.e., water rights, water
supply).
Page 12 of 12
• 1
AGENDA ITEM # 3. 44 b.
FOR AGENDA OF December 20, 2005
CITY OF TIGARD, OREGON
LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE AWARD OF CONTRACT FOR LABOR TTORNEY SERVICES
PREPARED BY: Joe Barrett DEPT HEAD OK CITY MGR OK G4J" l G~
ISSUE BEFORE THE LOCAL CONTRAC REVIEW BOARD
Shall the Local Contract Review Board (LCRB) award a contract for labor attorney services to Bullard Smith
Jernstedt Wilson?
STAFF RECOMMENDATION
Staff recommends that the LCRB award a contract for the City's labor attorney services needs to Bullard Smith
Jernstedt Wilson and authorize the City Manager to negotiate and execute the final agreement.
INFORMATION SUMMARY
The City's current contract for labor attorney services expires on December 31, 2005 through an amendment signed
in October. In response, a formal Request for Proposal (RFP) was developed by staff and City Council for the
solicitation of a new labor attorney services agreement as well as for a new general legal counsel services
agreement. The RFP was released to the public on October 3`d, with advertisements running in both The Oregonian
and the October edition of the Oregon State Bar's monthly publication. Responses were due on October 26"' and
the City received four proposals for the labor attorney portion of the RFP.
An evaluation team consisting of five Executive staff members reviewed and scored the proposals and conducted
interviews with the four proposing firms. After the scoring and discussing the proposals, the evaluation team's
conclusion was that Bullard Smith Jemstedt Wilson best meets the needs and interests of the City and
recommends that the LCRB award the contract for the City's labor attorney services to Bullard Smith Jernstedt
Wilson. The contract period shall be for two years with three additional one-year option periods.
OTHER ALTERNATIVES CONSIDERED
1. Do not award a contract to Bullard Smith Jernstedt Wilson and direct staff to conduct a further evaluation of the
firms responding to the RFP.
2. Do not award a contract to Bullard Smith Jernstedt Wilson and direct staff to develop and release a new
Request for Proposal.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None.
2. Do not award a contract to Ramis Crew Corrigan, LLP and direct staff to develop and release a new Request for
Proposal.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None.
ATTACHMENT LIST
None.
FISCAL NOTES
For the 2005-2006 Fiscal Year, the City has $144,800 budgeted in the City Attorney Division for general legal
counsel services.
T iGARD CITY- 0 Ot1NCIt
MEETING.-- L
Y DECEMBER 20, 2005 .6:30 p.m. CITY OF TIGARD
OREGON
~'~T 71GARD CITY HALL
13+125 ,`SW HALL BLVD',
TIGARD, OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Citizen Communication items are asked to be two minutes or less. Longer matters can
be set for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 503-639-4171, 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 - DECEMBER 20, 2005 page 1
7:40 PM
3. 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:
3.1 Appoint Two Members and One Alternate Member to the Park and
Recreation Advisory Board (PRAB) - Resolution No. 05-
3.2 Approve the Washington County Cooperative Library Services
Intergovernmental Agreement
3.3 Initiate Vacation Proceedings for an Un-Named Public Right of Way East of
741 Avenue, Approximately 680 North of Durham Road (VAC2005-
00003) - Resolution No. 05-
3.4 Local Contract Review Board:
a. Award Contract for General Legal Counsel Services to Ramis Crew
Corrigan, LLP
b. Award Contact for Labor Attorney Services to Bullard Smith Jernstedt
Wilson
• Consent Agenda - Items Removed for Separate Discussion: Any items requested
to be removed from the Consent Agenda for separate discussion will be considered
immediately after the Council has voted on those items which do not need
discussion.
7:45 PM
4. PRESENTATION OF BRONZE SAFETY AWARD TO RISK MANAGER MILLS
■ Mayor Dirksen
8:00 PM
5. PUBLIC HEARING (QUASI-) UDICIAL) TO CONSIDER ANNEXATION OF
SUNRISE LANE (ZCA 2005-00004) (Continued from November 22, 2005)
REVISED REQUEST:
The applicant is requesting annexation of nine (9) parcels containing 19.95 acres
into the City of Tigard. An additional 5.66 acres has been included by means of
consents by Patricia Marshall, Richard and Michelle Crombie, and Jennifer and
Leighton Walsh. Therefore, this annexation is for twelve (12) parcels totaling
25.61 acres.
COUNCIL AGENDA - DECEMBER 20, 2005 page 3
RECESS COUNCIL BUSINESS MEETING
CONVENE COUNCIL WORKSHOP MEETING
9:00 PM
8. JOINT MEETING WITH THE INTERGOVERNMENTAL WATER BOARD
■ Staff Report: Public Works Staff
Discussion Topics:
a. Regulating Water Services Outside City Limits
b. Locating Park Improvements on Surplus Property
C. Selecting a Long-Term Water Supply
9. COUNCIL LIAISON REPORTS
f
10. NON AGENDA ITEMS
11. 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.
10:00 PM
12. ADJOURNMENT
iA.dm\-thy%CM\2005W5 M0.d.C
COUNCIL AGENDA - DECEMBER 20, 2005 page 5
I
CITY OF TIGARD
OREGON
December 21, 2005
Ramis Crew Corrigan, LLP
Attn: Timothy V. Ramis
1727 NW Hoyt Street
Portland, Oregon 97209
i►M
Dear amis,
At their regular meeting last night, Tigard's City Council, acting as the City's Local Contract
Review Board, approved the award of the City's General Legal Counsel Services to your firm.
Enclosed you will find two copies of the proposed agreement between the City of Tigard and
your firm. Please review the agreement and if you are comfortable with it, please sign both
copies and forward them back to me at:
City of Tigard
Attn: Joe Barrett, Buyer
13125 SW Hall Blvd.
Tigard, Oregon 97223.
Upon receiving the signed copies, I will obtain the appropriate City signatures and return a fully
executed copy of the agreement to you.
If you have any questions regarding the agreement or any aspect of process please do not hesitate
in contacting me at either (503) 718-2477 or at josephgtigard-or.gov. Thank you.
Sincerely,
Joseph Barrett, Buyer
City of Tigard
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
~Cco/ vc C! ~~1~3~a~
S <S~ss%~•C,
2007 Tigard Community Attitudes Survey
DRAFT #4
Overall
1. How satisfied are you with Tigard as a place to live?
a. Very Satisfied
b. Somewhat Satisfied
c. Somewhat Unsatisfied
d. Very Unsatisfied
2. What are the most important (elements/characteristics/qualities?) of a
(complete/livable/healthy/viable?) community?
a. Safe
b. Economic vitality
c. Informed, involved citizens
d. Leisure & cultural amenities
e. Community identity, sense of place
f. Neighborhood character
g. NVell maintained infrastructure
h. Environmental Focus
Safety
3. How safe do you feel?
a. Walking alone in business areas after dark? Very Safe, Reasonably Safe, Somewhat
Safe, Very Unsafe, Don't Know
b. Walking alone in business areas during the day? Very Safe, Reasonably Safe,
Somewhat Safe, Very Unsafe, Don't Know
c. Walking alone in your neighborhood after dark? Very Safe, Reasonably Safe,
Somewhat Safe, Very Unsafe, Don't Know
d. Walking alone in your neighborhood during the day? Very Safe, Reasonably Safe,
Somewhat Safe, Very Unsafe, Don't Know
Economic Vitality
4. Do you stay in Tigard to access the following services?
a. Shopping
b. Restaurants
c. Medical/Dental
d. Entertainment
5. Is your employment (part time or full time in the home or outside the home) in the city of
Tigard?
6. What amenities would you like to see offered in Tigard's downtown?
a. Farmers' Market
b. Outdoor concerts/Events
c. Performing Arts Center
2007 Tigard Community Attitudes Survey DRAFT #4 1
Education/Participation/Involvement
7. How do you get information about the city?
a. Tigard Times i. TV News
b. Noticias en Espanol j. Cityscape Newsletter
c. Oregonian k. Through Volunteer Activities
d. El Hispanic I. Community Connector
e. County Newsletters m. Church
f. Word-of-mouth/Neighbors n. School
g. Internet/Web o. Other
h. Public Access TV
8. Do you participate in any of the following:
a. Attend City Council meetings
b. Volunteer for city events or activities
c. Attend public meetings/Open houses on items of interest
d. Neighborhood Watch
e. National Night Out
f. Senior Center
g. 4ttend Community Events
h. CERT Training
Leisure/Cultural Amenities
9. Are your interests for leisure/cultural activities met in the City of Tigard?
10. If not, what activities /programs are of interest to you?
11. Have you or a member of your household done any of the following in the past year:
a. Visited City Library
b. Visited City Parks
c. Attended Broadway Rose productions
d. Participated in organized youth sports
e. Attended 4th of July celebration
f. Attended the Balloon Festival
g. Attended the Family Fest
h. Participated in adult sports leagues
12. What recreation programs/ activities would you like to see provided that are not currently
available in the city?
13. Would you be willing to pay more taxes to fund recreation programs /activities?
14. If yes, how much per year? (list $ choices)
15. Would you be willing to pay more taxes to purchase more parks and open space?
16. If yes, how much? (list $ choices)
Community Identity
17. How do you define the City of Tigard's identity?
Environment
2007 Tigard Community Attitudes Survey DRAFT #4 2
18. On a sale of (1 - 5?) how important are the following to you?
a. Tree protection
b. Preserving open spaces
c. Stream corridors
d. Planning for future development
19. How important are the following characteristics to the livability of Tigard's residential
neighborhoods, on a 10-point scale, where one means "not at all important" and ten means
"extremely important"?
1- Not at all important 10- Extremely important
Neighborhood parks within a'/z mile of home 1 2 3 4 5 6 7 8 9 10 99- DK
Variety of housing types (single-family, townhouses, 1 2 3 4 5 6 7 8 9 10 99- DK
apartments)
Pedestrian and bike paths 1 2 3 4 5 6 7 8 9 10 99- DK
The level of neighborhood traffic 1 2 3 4 5 6-.-.7 8 9 10 99- DK
Compatibility between existing and new development 1 2 3 4 5 6 7 8 9 10 99- DK
Neighborhood commercial services within 5 minute walk 1 2 3 4 5 6 7 8 9 10 99- DK
from our house
Maintaining existing lot sizes within established 1 2 3 4 5 6 7 8 9 10 99- DK
neighborhoods
Protection of trees and natural resource areas 1 2 3 4 5 6 7 8 9 10 99- DK
Bus service 1 2 3 4 5 6 7 8 9 10 99- DK
Strengthening regulations to improve the appearance of the 1 2 3 4 5 6 7 8 9 10 99- DK
communi
20. As more eo le move to the region, do you believe the City should promote growth,
c o at ! growth, or attempt to limit growth?
Promote -1
ccommodatd 2
Limit -3
Don't Know -4
Infrastructure
21. How satisfied are you with the following city services? (i.e. street maintenance, water, storm
maintenance, parks maintenance)
22. Question on paying for services (tax capacity)
23. As the City focuses on making a decision on a long term water source, which of the
following criteria most important to you? (Choose one)
a. Taste/Appearance
b. Cost on my bill
c. Source (Such as: Bull Run, Trask River, Clackamas or Willamette River)
Neighborhoods
24. What do you think is the most effective way to resolve neighborhood issues?
a. Mediation/Dispute Resolution Process
b. Call City Hall
c. Contact affected party directly
2007 Tigard Community Attitudes Survey DRAFT #4 3
d. Contact City Council member
e. Council meeting - Citizen Communication
f. Contact Code Enforcement
g. Home Owners Association i:\adm\Iiz\2007 agard community survey draft 3 070831.doc8/31/07
0
E.:
2007 Tionrcl Community Attitudes S1irvPV DRAFT #4 4
AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: October 23, 2007
(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 becomes part of the public record. The names and addresses ofpersons who
attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a
public record.
NAME, ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED..
Name: AID A/C Also, please spell your name as it sounds, if it will help the presiding officer pronounce: cL~~
Address /110J ~
~TLrq~~
City
State Z. 9-7Zz
Phone No.
Nam
~I
A 1 ase ell o nam as i sound
help- re ding f er ono
G
Addr ss
City
State f
P e No. v f
Name:
~X~fl
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
CITIZEN COMMUNICATION
Hello, Dear,
bi ke.
Turn this card over
or get more info at
www.andwebike.com
ft're your
neighbors and friends,
sons and daughters,
41
husbands and wives.
And we bike.
Please drive as if you know us - because it just might be true.
Our roads should be safe for everyone - motorists and bicyclists. In order to
coexist safely, we all need mutual respect and understanding, since we share
the same rights and responsibilities on public roads.
Here are five easy ways you can drive so everyone will thrive:
5 SOPS TO SAFER ORMNo
TREAT EVERYONE ON THE ROAD AS IF TREAT BICYCLES LIKE ANY
YOU KNOW THEM, BECAUSE IT JUST SLOW-MOVING VEHICLE:
MIGHT BE TRUE: Don't try to squeeze by a cyclist on a
Whether it's bicyclists or fellow car blind corner, near the crest of a hill,
drivers, treat everyone on the road when there is oncoming traffic or on a
with the respect you'd give someone narrow road. Always wait for a safe
you know and your drive will be safer place to pass. Unsafe passing can
and much more pleasant. result in a head-on collision!
ALLOW AT LEAST 3 FEET WHEN PASSING: WATCH FOR CYCLISTS, ESPECIALLY
Slow down and wait for a safe place WHEN TURNING RIGHT:
to pass when driving behind a cyclist Look for bicycles when driving and
on a narrow roadway. A car passing parking. Always check for bikes before
too closely can injure or kill a cyclist. changing lanes or opening a car door,
especially when turning right: look
WAIT PATIENTLY TO PASS: right, turn right!
More often than not, a cyclist in front
of you on a narrow roadway is happy A safety campaign by
to let you pass. Give them time to
do the safe thing, then pass at a .~a o e
reasonable speed. Remember: cyclists MASH
are vulnerable users of the roads. 6TC BICYCLE
TRANSPORTATION
ALLIANCE
www.washcobtc.org www.bta4bikes.org
www.andwebike.com
AdIlb
~r
air
bike.
r
Turn this card over
or get more info at
www.andwebike.com
ft're your
neighbors and friends,
sons and daughters,
husbands and wives.
And we bike.
Please drive as if you know us - because it just might be true.
Our roads should be safe for everyone - motorists and bicyclists. In order to
co-exist safely, we all need mutual respect and understanding, since we share
the same rights and responsibilities on public roads.
Here are five easy ways you can drive so everyone will thrive:
5 SOPS TO SAFER ®RMNIG
TREAT EVERYONE ON THE ROAD AS IF TREAT BICYCLES LIKE ANY
YOU KNOW THEM, BECAUSE IT JUST SLOW-MOVING VEHICLE:
MIGHT BE TRUE: Don't try to squeeze by a cyclist on a
Whether it's bicyclists or fellow car blind corner, near the crest of a hill,
drivers, treat everyone on the road when there is oncoming traffic or on a
with the respect you'd give someone narrow road. Always wait for a safe
you know and your drive will be safer place to pass. Unsafe passing can
and much more pleasant. result in a head-on collision!
ALLOW AT LEAST 3 FEET WHEN PASSING: WATCH FOR CYCLISTS, ESPECIALLY
Slow down and wait for a safe place WHEN TURNING RIGHT:
to pass when driving behind a cyclist Look for bicycles when driving and
on a narrow roadway. A car passing parking. Always check for bikes before
too closely can injure or kill a cyclist. changing lanes or opening a car door,
especially when turning right: look
WAIT PATIENTLY TO PASS: right, turn right!
More often than not, a cyclist in front
of you on a narrow roadway is happy A safety campaign by
to let you pass. Give them time to
do the safe thing, then pass at a
reasonable speed. Remember: cyclists rrASB D
are vulnerable users of the roads. ON ~ BICYCLE
TRANSPORTATION
ALLIANCE
www.washcobtc.org www.bta4bikes.org
www.andwebike.com
Agenda Item # X ° lu
Meeting Date October 23, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Approve Amendment #2 to the City Manager Agreement to change the annual
performance review and merit increase date from March 1 of each year to August 1 of each year
Prepared By._ Craig Prosser Dept Head Approval Ole City Mgr ApprovaL
ISSUE BEFORE THE COUNCIL
Should Council amend the City Manager's Employment Agreement to change the performance evaluation and merit
review date from March 1 of each year to August 1 of each year to conform to actual practice?
STAFF RECOMMENDATION
Approve Amendment #2
KEY FACTS AND INFORMATION SUMMARY
The City Manager's Employment Agreement calls for an annual perfotYnance evaluation and merit review on March 1
of each year, beginning in 2006. This review has been conducted each year, not on March 1 but as of August 1. During
the most recent performance review, Council and the City Manager informally agreed to amend the Employment
Agreement to substitute the August 1 date for March 1 in light of current practice.
OTHER ALTERNATIVES CONSIDERED
Do not amend the Agreement. If not amended, the next performance evaluation and merit review date would be
March 1, 2008.
CITY COUNCIL GOALS
None
ATTACHMENT LIST
Proposed Amendment #2.
FiscAL NOTES
None. This merely adjusts dates to conform to current practice.
%Vig20Ynehvjb ig20bwrwroolVommVmm dow mwmi agenda Nam summary slbe107.Ax
Amendment #2
Employment Agreement
Between
Craig Prosser (Employee) and the City of Tigard
The City Manager Employment Agreement between the City of Tigard and Craig
Prosser specifies an annual performance review and consideration of a merit increase
annually on. March 1 of each year. In practice, this review has been conducted as of
August 1 of each year. The City and the Employee have agreed to adjust the March 1
date to August 1 of each year to conform to actual practice. The Employment
Agreement between the City of Tigard and Craig Prosser dated September 13, 2005 is
therefore amended as follows:
Section 3: Compensation
C. Mai ate 1, 2006 and on an annual basis thereafter, consideration shall be
given to increased compensation based on Employee's duties and functions,
and satisfaction of the4 goals and priorities established by the Council. Such
increased compensation may come in the form of cost of living and/or
performance adjustments to Employee's base salary, performance bonuses, or
b
Craig P sser, City Manager Craig Dirksen, Mayor
Date Date
Agenda Item #
Meeting Date Oct. 23, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Authorize the City Manager to Execute a Deed Restriction Related to the Jim Griffith
Memorial Skate Park
Prepared By: Brian Rager Dept Head Approval: ry Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the Council authorize the City Manager to execute a deed restriction for the protection of trees on the Jim Griffith
Memorial Skate Park site?
STAFF RECOMMENDATION
Authorize the City Manager to execute the deed restriction.
KEY FACTS AND INFORMATION SUMMARY
♦ The Jim Griffith Memorial Skate Park project was approved by the City under a Site Development Review land use
approval (SDR 2006-00005).
♦ One condition of the SDR approval requires a deed restriction to be recorded to protect existing trees over 12
inches in diameter, unless they die or become hazardous as determined by a certified arborist.
♦ Execution of the deed restriction is required before the City can perform a final inspection of the skate park.
♦ Staff and the City Attorney are still working on Exhibit A, which is to be a legal description of the skate park parcel.
At the time of submission of this agenda item summary, the legal description was not available. The legal
description will be added before the City Manager executes the document.
OTHER ALTERNATIVES CONSIDERED
None.
CITY COUNCIL GOALS
n/a
ATTACHMENT LIST
Deed Restriction
FISCAL NOTES
There are only minor recording costs associated with the execution of this document.
%%g20Vnetpub%t1g20twwwrootlfomsUonn docslcouncll agenda Item summary sheet 07.doc
WHEN RECORDED, MAIL TO:
City of Tigard
13125 S.W. Hall Blvd.
Tigard, Oregon 97223
MAIL TAX STATEMENTS TO;
City of Tigard
13125 S.W. Hall Blvd.
Tigard, Oregon 97223
RESTRICTIVE COVENANT
DEED RESTRICTION
THIS DECLARATION OF LAND USE DEED RESTRICTION ("DEED
RESTRICTION"), is dated as of , 2007, by the City of
Tigard ("DECLARANT").
RECITALS
WHEREAS, Declarant is the owner of the real property known as the Skate Park, and
described in Exhibit A attached hereto and by this reference incorporated herein as the
"Property"; and
WHEREAS, the Declarant has dedicated used of the Property as a Skate Park; and
WHEREAS, the Declarant desires that the trees on the Skate Park Property be protected
as consistent with City of Tigard policies on protection and management of trees in the
City of Tigard;
NOW THEREFORE, the Declarant declares that any existing tree greater than 12"
(twelve inches) in diameter may be removed only if the tree dies or is hazardous
according to a certified arborist. The deed restriction may be removed or will be
considered invalid if a tree preserved in accordance with this decision should either die or
be removed as a hazardous tree.
1
IN WITNESS WHEREOF, the undersigned being Declarant herein, has executed
this instrument this day of .2007.
CITY OF TIGARD
Washington County, Oregon
By:
Name and Title:
STATE OR OREGON )
County of Washington y
This instrument was sighed before me on , 2007 by
as (title) of the City of Tigard, Washington County, Oregon.
Signature of Notarial Officer
My Commission Expires (seal)
2
Agenda Item # 3" V
Meeting Date Oct. 23, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Authorize the City Manager to Execute a Deed Restriction Related to the 550-Foot
Zone Reservoir No. 2 Project Site q~
Prepared By: Brian Rager Dept Head Approval: w City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the Council authorize the City Manager to execute a deed restriction for the protection of trees on the 550-Foot
Zone Reservoir No. 2 project site?
STAFF RECOMMENDATION
Authorize the City Manager to execute the deed restriction.
KEY FACTS AND INFORMATION SUMMARY
♦ The 550-Foot Zone Reservoir No. 2/Elizabeth Price Park project was approved by the City under a conditional use
permit (CUP 2007-00001).
♦ One condition of the CUP requires a deed restriction to be recorded to protect existing trees over 12 inches in
diameter, unless they die or become hazardous as determined by a certified arborist.
♦ Execution of the deed restriction is required before the City can issue a building permit for the reservoir
construction.
OTHER ALTERNATIVES CONSIDERED
None.
CITY COUNCIL GOALS
n/a
ATTACHMENT LIST
Deed Restriction
FISCAL NOTES
There are only minor recording costs associated with the execution of this document.
\\tig20Vnetpub\tig20kw wt\fonns\f6 m dote\council agenda item summary sheet 07,doc
WHEN RECORDED, MAIL TO:
City of Tigard
13125 S,W. Hall Blvd.
Tigard, Oregon 97223
MAIL TAX STATEMENTS TO:
City of Tigard
13125 S.W. Hall Blvd.
Tigard, Oregon 97223
RESTRICTIVE COVENANT
DEED RESTRICTION
THIS DECLARATION OF LAND USE DEED RESTRICTION ("DEED
RESTRICTION"), is dated as of , 2007, by the City of
Tigard ("DECLARANT").
RECITALS
WHEREAS, Declarant is the owner of the real property known as 550' Reservoir, the
"Property", and described as
Parcel 2, PARTITION PLAT 2000-86, County of Washington, State of Oregon.
WHEREAS, the Declarant has dedicated used of the Property as a Park ("Park
Property"); and
WHEREAS, the Declarant desires that the trees on the Park Property be protected as
consistent with City of Tigard policies on protection and management of trees in the City
of Tigard;
NOW THEREFORE, the Declarant declares that any existing tree greater than 12"
(twelve inches) in diameter may be removed only if the tree dies or is hazardous
according to a certified arborist. The deed restriction may be removed or will be
considered invalid if a tree preserved in accordance with this decision should either die or
be removed as a hazardous tree.
1
IN WITNESS WHEREOF, the undersigned being Declarant herein, has executed
this instrument this day of , 2007.
CITY OF TIGARD
Washington County, Oregon
By:
Name and Title:
STATE OF OREGON )
County of Washington )
This instrument was signed before me on , 2007 by
as (title) of the City of Tigard, Washington County, Oregon.
Signature of Notarial Officer
My Commission Expires. (seal)
2
Cathy Wheatley - Deed Restriction: 550 Reservoir Page 1
From: Brian Rager
To: Cathy Wheatley; Craig Prosser /
Date: 10/12/2007 10:51:35 AM
Subject: Deed Restriction: 550 Reservoir
Craig, you asked a good question, and here is the answer.
Our commitment to the Seller is to not "permit, construct or erect any view-obscuring building or other
structure upon the Grantor Propoerty, nor plant, transplant, or permit the growth of any view-obscuring
tree, shrub, or any form of plant life whatsoever, in the northerly 132 feet of the Grantor Property...." This
language is in the "Grant of View Easement" we gave the Knudesons as per our Purchase Agreement.
There is no language in the easement that spells out how we maintain the view easement. In discussions
with the Knudesons we said that we would continue to top the trees as needed to maintain the view
corridor.
Our deed restriction focuses on "removal" of trees and says we can only remove a tree if it is deemed
hazardous by a certified arborist.
Continuing to top the trees in the northerly 132 feet of the property, in order to comply with the View
Easement language, will not violate the deed restriction. I do not think we need to change anything in the
Deed Restriction.
Hope that helps.
Brian D. Rager
Assistant Public Works Director
City of Tigard
Phone: (503) 718-2471
Direct Connect: 112*622*4090
E-mail: brianr@tigard-or.gov
Public Works:
"Taking Care of The Community"
CC: Rob Murchison
Agenda Item #
Meeting Date October 23, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Dedication of Non-Access Reserve Stri s to the Public for Street P oses
Prepared By: G. Berry Dept Head *Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall City Council dedicate certain non-access reserve strips to the public for street purposes?
STAFF RECOMMENDATION
Approve the attached resolution authorizing the City Manager to sign the attached Dedication Deed.
KEY FACTS AND INFORMATION SUMMARY
• Former versions of the Community Development Code required non-access reserve strips at the temporary ends of
streets. The purpose of the reserve strips was to discourage unauthorized street extensions into parcels adjacent to
completed subdivisions. The reserve strips are intended to be dedicated to the public once the streets are extended
across them. The Community Development Code no longer requires reserve strips.
• The County Surveyor has found certain street extensions at reserve strips that have not been dedicated to the public
and is now requesting that the following reserve strips be dedicated to the public.
Tract C Three Mountains Estates across SW Alpine View Street 155 feet east of SW 133`d Avenue
Tract D Three Mountains Estates across SW Alpine View Street 242 feet west of SW 13e Avenue
Tract A, Hambach Park across SW 83`d Avenue 125 feet south of SW Murdock Street
Tract A, La Mancha Estates across SW 83`d Avenue 125 feet south of SW La Mancha Court
Tract A, Raze Meadows along the east side of SW 80`h Avenue extending 400 feet north and 130 feet south
from SW Viola Street
Tract D, Matthew Park across SW Matthew Park Street 345 feet west of SW 8151 Avenue
• Approval of the attached resolution will authorize the City Manager to sign the attached deed conveying the reserve
strips to the public for street purposes as requested by the County Surveyor.
OTHER ALTERNATIVES CONSIDERED
None considered.
CITY COUNCIL GOALS
Dedication of the reserve strips contributes to Goal No. 1, updating of the Comprehensive Plan, by facilitating street
extensions to improve traffic circulation as called for by Chapter 5, Transportation, of the Comprehensive Plan.
ATTACHMENT LIST
Attachment 1: Proposed Resolution.
Exhibit 1: Dedication Deed with Exhibit A Maps
FISCAL NOTES
The dedications will not require funding.
i:lengtgregtr of w dedicalionsloctober 07 street plugstaccess strips sis.doc
I/
Agenda Item # 3 .
Meeting Date October 23, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title: Approval of a Cooperative Agreement with the Oregon Department of Transportation for
Pavement Improvements to Upper Boones Ferry Road.
Prepared By: Greg Beh~ De t Head A roval: Ct M r1 royal:
P PP ty ~ PP
ISSUE BEFORE THE COUNCIL
Shall City Council approve a Cooperative Agreement with ODOT (Oregon Department of Transportation) for
pavement improvements to SW Upper Boones Ferry Road and authorize the City Manager to sign the agreement?
STAFF RECOMMENDATION
Pass the attached Resolution, which approves a Cooperative Agreement with ODOT and authorizes the City Manager
to sign the agreement.
KEY FACTS AND INFORMATION SUMMARY
• A relatively short portion of SW Upper Boones Ferry Road within the ODOT right-of-way connects the
overpass to the City Limits. Pavement maintenance of this segment of SW Upper Boones Ferry Road can best
be accomplished through the City's pavement maintenance program. Required work includes grinding and
asphaltic concrete surface pavement and overlay, and detection loop replacement.
• ODOT has sought and found funding to compensate the City for pavement overlay of that segment. As a
result, the work was included in the Upper Boones Ferry paving project at a cost of $24,030.25.
• This agreement provides the authorization for the City to receive reimbursement for cost of the work from
ODOT. Because a pavement overlay typically is good for approximately 10 years, the agreement requires
City maintenance of that segment for a 10-year period.
• Approval of the agreement will allow the City to accept the compensation from ODOT.
OTHER ALTERNATIVES CONSIDERED
None considered.
CITY COUNCIL GOALS
Approval of the cooperative agreement contributes to Goal No. 1, updating of the Comprehensive Plan, by placing a
high priority on routine street maintenance as called for by Policy 8.1.3 of the Comprehensive Plan.
ATTACHMENT LIST
1. Attachment 1: Proposed Resolution approving the Cooperative Agreement with ODOT for Pavement
Improvements to SW Booties Ferry Road and authorizing the City Manager to sign the agreement.
2. Aerial photo of the Carman Drive Interchange showing the segment of Upper Boones Ferry Road covered by
the agreement.
FISCAL NOTES
The agreement provides that ODOT will reimburse the City for the actual cost of the work, not to exceed $33,000.
If the agreement is approved, reimbursement of the actual cost of $24,030.25 will be requested and returned to the
Gas Tax Fund as a recovered expenditure.
1AengNgmg\stmets\odot Dfr, carman pavement\10-2107 Of odot agreement ais.doc
Agenda Item # 3, 9, et-
Meeting Date October 23, 2007
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title: Award of Contract for the Construction of SW Cherry Drive Sanitary Sewer Extension (Sewer
Reimbursement District No. 44
Prepared By: Greg Berry Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board, by motion, approve a contract award for the construction of Cherry Drive
Sanitary Sewer Extension (Sewer Reimbursement District No. 44)?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve a contract award to Kuenzi
Communications LLC in the amount of $394,488.10 and authorize an additional amount of $39,400.00 to be
reserved for contingencies and applied as needed as the project goes through construction. The total amount
committed to the project is therefore $433,888.10.
KEY FACTS AND INFORMATION SUMMARY
• At its July 24, 2007, meeting, City Council approved a resolution forming Sewer Reimbursement District
No. 44 to provide sewer service to 23 lots along SW Cherry Drive and directed that four of the lots be
removed from the district. On August 28, 2007, City Council readopted the resolution with the removed
lots.
• The project will construct approximately 1,600 feet of 8-inch sanitary sewer main and 575 feet of 4-inch
service lateral to provide sewer service to 19 lots along SW Cherry Drive.
• The project was advertised for bids on September 11, 2007 in the Daily Journal of Commerce and September
13, 2007 in The Times. One addendum was issued. The bid opening was conducted at 2:00 PM on October 2,
2007 and the bid results are:
Kuenzi Communications Silverton, OR $394,488.10
LL Lindberg Co. Vancouver, WA $412,510.79
Kerr Contractors Woodburn, OR $431,581.00
Emery & Sons Stayton, OR $460,178.51
K&R Plumbing Clackamas, OR $462,480.00
Landis & Landis Portland, OR $489,830.00
Engineer's Estimate Range $367,000 to $449,000
• The bid submitted by Kuenzi Communications is within the engineer's estimated range of $367,000 to
$449,000. Staff reviewed all the items included in Kuenzi Communications' bid and has determined that the
bid is accurate and responsive and recommends approval of the contract award to this lowest bidder.
• The low bid of $394,488.10 is lower than the estimated construction estimate of $408,250 at district formation.
The actual construction cost will be determined after the construction is completed.
• The contractor has verified its bid and assured staff that the project will be fully completed within the
indicated time frame and the bid amount.
• Upon Council approval of the contract and after a Notice to Proceed has been issued, the contractor will
have 60 calendar days to complete the construction of the project. The construction is anticipated to start
the week of November 12, 2007 and is expected to be completed by January 18, 2008.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
Construction of the sewers contributes to Goal No. 1, updating of the Comprehensive Plan, by facilitating the
extension of sewer service and phasing out of septic systems as called for by Policy 7.4 of the Comprehensive Plan.
ATTACHMENT LIST
Project location map
FISCAL NOTES
The amount of $2,000,000 is available in the FY 2007-08 Citywide Sewer Extension Program for this and other
sewer extension projects. The approximate remaining fund balance of $1,986,360 is sufficient to award a contract
of $394,488.10 to Kuenzi Communication and to reserve a contingency amount of $39,400.00 for the project.
i:\enp\2007-2008 ty cip\cherry st sanitary sewer extension dist 44\councll 10-23-07 - award construction contract\10.23-07 cherry dr reim dist 44 ais.doc
CHERRY DRIVE
FY 2006-07 SANITARY SEWER EXTENSION PROGRAM
REIMBURSEMENT DISTRICT NO. 44
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Agenda Item # 3 r 9. 1
Meeting Date October 23, 2007
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide Award Contracts for Two Landscape Architects of Record
Prepared By: Dennis Koellermeier Dept Head Approval: 4-W- City Mgr Approval: `
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board award landscape architect of record contracts to Group MacKenzie and MIG,
Inc. and authorize staff to execute the contracts?
STAFF RECOMMENDATION
Staff recommends the Local Contract Review Board award landscape architect of record contracts to Group
MacKenzie and MIG, Inc.
KEY FACTS AND INFORMATION SUMMARY
■ Landscape architectural services are routinely required by the City. Some examples of how landscape
architectural services might be used include:
- Designing, updating, or finalizing park master plans
- Updating the Park System Master Plan
- Designing a water conservation garden
- Designing trails
- Assisting with installation of entryway monuments
- Designing landscaping for street medians and intersections
- Designing landscaping of new or renovated City facilities
■ Establishing an architect of record will reduce the amount of staff time expended on the Request for Proposal
(RFP) process. In the typical RFP process, separate contracts are awarded for every project. This is
cumbersome, time-consuming, and expensive. The selection of a landscape architect of record would allow the
City to evaluate a firm's qualifications and capacity on an annual basis versus a per project basis. It also
guarantees the City access to a landscape architectural firm.
■ Seven landscape architectural firms submitted proposals in response to the City's Request for Proposals.
Each proposal was evaluated separately by a panel of three staff members and four firms were subsequently
interviewed.
■ Based upon the evaluations and interviews, staff determined that Group MacKenzie and MIG, Inc. have the
best qualifications, capabilities, staffing and experience to meet the City's service needs. Staff recommends
awarding landscape architect of record contracts to these two firms.
■ Given the diversity of City projects, awarding contracts to two firms will give the City greater depth and
flexibility with regard to landscape architectural services.
■ Projects assigned to firms will be on an as-needed basis. Once a project is assigned, the firm will prepare and
submit a cost proposal to the City for review and approval.
■ Following LCRB approval, the initial contract term will be for one year and may be renewed for four additional
one-year terms.
OTHER ALTERNATIVES CONSIDERED
The LCRB could choose not to award the contracts and could direct staff on how to proceed regarding an architect
of record.
CITY COUNCIL GOALS
None
ATTACHMENT LIST
None
FISCAL NOTES
The funds needed to pay for landscape architectural services will be budgeted on a per project basis. For example, the
current FY '07/'08 budget contains $50,000 for design services to update the Park System Master Plan. If approved,
this work would likely be given to one of the architect of record firms.
Agenda Item # -3- 9. C
Meeting Date October 23, 2007
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Consider the Purchase of Two Ford F-250 Vehicles for the Parks Division
L
Prepared By: Dennis Koellermeier Dept Head Approval: W D1 City Mgr Approval:
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the LCRB approve the purchase of two Ford F-250 vehicles?
STAFF RECOMMENDATION
Staff recommends the LCRB authorize the purchase.
KEY FACTS AND INFORMATION SUMMARY
■ For operational and financial reasons, the City follows a vehicle replacement schedule based on industry
standards for length of service, maintenance and repair costs, and safety.
■ Based upon this schedule, two parks division vehicles are due to be replaced.
■ The City is eligible to purchase the vehicles through the State of Oregon contract, thus assuring a competitive
price and saving the City the cost and time of preparing a solicitation.
■ The vehicles will be purchased from Landmark Ford.
OTHER ALTERNATIVES CONSIDERED
The LCRB could choose not to purchase the vehicles and could direct staff on how to proceed with vehicle
purchases.
CITY COUNCIL GOALS
Not applicable
ATTACHMENT LIST
None
FISCAL NOTES
The cost of each vehicle is $28,581, for a total of $57,162. There is $77,500 available in the FY '07/'08 budget for
the purchase of these vehicles.
Agenda Item # a I C) ° C/
Meeting Date 10/23/2007
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Contract Award for Financial. Human Resource, and Risk Management System Software
Prepared By: Robert Sesnon/Joe Barrett Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board approve the award of a contract for a financial, human resource, and risk
management system to SunGard Bi-Tech LLC?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board award the contract for a financial, human resource, and risk
management system to SunGard Bi-Tech and grant the City Manager the authorization to complete all necessary steps
to execute the contract.
KEY FACTS AND INFORMATION SUMMARY
The City has used software from Springbrook to perform accounting, payroll and utility billing functions. While
this system performs many of the basic accounting functions well, it lacks much of the functionality necessary to
provide end users with on-demand information access and to enable the City to streamline and simplify the
underlying business processes. In addition, the City currently possesses minimal human resource and risk
management functionality that is not integrated with the financial system. As a result, staff has spent considerable
effort in articulating the City's financial, human resource and risk management needs and has completed a lengthy
and detailed evaluation process of several systems.
The City used a two-step solicitation process to evaluate these systems:
• A Request for Information (RFI)/Prequalification was issued June 19, 2007 seeking general information on
available systems and to prequalify vendors meeting the City's minimum requirements to participate in a
subsequent proposal process. The City received responses from eight vendors; selected four to participate
in demonstrations based on their written responses, and qualified three firms to advance to the proposal
process: SunGard Bi-Tech; Tyler Mums; and New World Systems. Springbrook was prequalified to
participate in the proposal process due to staff's familiarity with the system and was not required to
participate in the RFI.
• A Formal Request for Proposal (RFP) was issued on August 9, 2007 to the four prequalified firms. Three
of the firms responded while Springbrook respectfully declined the invitation to propose their system. The
RFP consisted largely of a 613 point "Scope of Functionality Questionnaire" which aimed to delve deep
into a proposed system's true functionality. Based upon the submitted proposals, the City invited two firms,
SunGard Bi-Tech and Tyler Munis, to participate in extensive, two-day demonstrations of their systems.
The third firm, New World Systems, was eliminated based upon a review of their proposal.
Following the demonstrations, an evaluation team consisting of nine staff members from various departments, with
input from numerous other individuals from all departments, reviewed the information received and unanimously
found SunGard Bi-Tech to be the best fit for the City. While no system had all components the City was seeking (none
had a true risk management system) staff believes that SunGard Bi-Tech provides the City's with the best tools for
current and future needs.
OTHER ALTERNATIVES CONSIDERED
Products from several vendors were evaluated during the process. In addition, considerable discussion was focused
on the option of staying with the current vendor, Springbrook, and funding the enhancements necessary to meet
the City's needs. This option was ultimately eliminated because of the high cost, the resources needed and length of
time to complete developments.
CITY COUNCIL GOALS
None.
ATTACHMENT LIST
Software license agreement between SunGard Bi-Tech LLC and the City of Tigard
FISCAL NOTES
0
The estimated initial charge for the system, including the software licensing and maintenance, is $247,078.
Implementation of the system will be billed as incurred. The total cost of the system over the first two fiscal years is
estimated at $715,836. The Central Services Fund has the appropriations for this purchase in the reserve line item.
Maintenance of the system in the first year is estimated at $41,000 and will increase each subsequent year by an
amount equal to Western CPI +1% and will be included in the annual budget. SunGard Bi-Tech will also provide
hosting of the system including the purchase and support of all hardware associated with hosting the system for an
annual cost of $78,000 and this cost will also be included in the annual budget.
\tlig20Unetpub\tig2O\-rootifo-sVorm doeslerb agenda item summary sheet 07.doc
Agenda Item # q
Meeting Date October 23, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Adopt an Ordinance to Use the 2007 Oregon Fire Code in the City of Tigard
Prepared B Y: Brian Blalock Dept Head Approval: i v 6tA Ci Mgr Approval: a
tY
61-,LiD
ISSUE BEFORE THE COUNCIL
Shall City Council adopt a new ordinance to use the 2007 Oregon Fire Code in the City of Tigard?
STAFF RECOMMENDATION
Council should adopt a new ordinance adopting the 2007 Oregon Fire Code and allow Tualatin Valley Fire and Rescue
to provide fire prevention and firefighting services for the City of Tigard.
KEY FACTS AND INFORMATION SUMMARY
Tualatin Valley Fire & Rescue (FVF&R) provides fire prevention and firefighting services for the City of Tigard.
TVF&R adopts the current Oregon Fire Code through their ordinance.
The City of Tigard has traditionally adopted the TVF&R ordinance, the last being Ordinance No. 05-02 which adopted
the 2004 edition of the Oregon Fire Code. With adoption of this proposed ordinance, Ordinance No. 05-02 would be
repealed.
OTHER ALTERNATIVES CONSIDERED
Continue to use existing 2004 Oregon Fire Code.
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
Attachment 1: Memo to Council dated September 24, 2007
Attachment 2: Proposed City Ordinance to adopt TVF&R Fire Code Ordinance 07-01
Exhibit A: TVF&R Ordinance 07-01
Attachment 3: City of Tigard Ordinance No. 05-02
FISCAL NOTES
The cost for the new code books, approximately $1,000, is budgeted by the Building Division.
Attachment 1
MEMORANDUM
TIGARD
TO: Mayor and City Council
FROM: Brian Blalock, Building Official
RE: Fire Code
DATE: September 24, 2007
The purpose of this memo is to provide background information for the adoption and
enforcement of the Fire Code in the City of Tigard.
Background
The Building Division enforces the State Building Code in the City of Tigard as identified in
Chapter 14.04 of the Tigard Municipal Code. Under the authority of ORS 455.150, the City
administers the specialty codes (building, fire, plumbing, mechanical & electrical) as adopted
by the state.
Fire prevention and firefighting services are provided for the City of Tigard by Tualatin
Valley Fire & Rescue (TVF&R). Oregon law, under ORS 478.924, requires local fire districts
to adopt the Oregon Fire Code by local ordinance. This allows the fire district to review
appeals to the code and issue rulings and interpretations at the local level.
The City of Tigard building division works in partnership with TVF&R by reviewing plans
and performing inspections for new construction that complies with the currently adopted
Oregon Fire Code. TVF&R provides a liaison to work with the planning division to review
land use development cases and to assist the building division with interpretations.
Tualatin Valley Fire & Rescue has adopted the Oregon Fire Code, without any local
amendments, through their Ordinance 07-01. Tigard has historically adopted TVF&R's
ordinance with a City ordinance. The most recent ordinance, Ordinance No. 05-02 which
adopted the 2004 Oregon Fire Code, would be repealed with adoption of the new ordinance.
Agenda Item # 5
Meeting Date October 23, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Transportation Project Funding
Prepared By: A. P. Duenas Dept Head Okay City Mgr Okay QR
ISSUE BEFORE THE COUNCIL
Council will be provided an update on funding shortfalls for transportation-related projects together with
recommendations for resolving them. Council direction will be requested on what actions to take for resolution.
STAFF RECOMMENDATION
That Council consider the various options to resolve the funding shortfalls and provide direction to guide staff in the
implementation of those options.
KEY FACTS AND INFORMATION SUMMARY
With the adoption of the 2007-08 CIP (Community Investment Program) Budget, and the 2007-12 CIP Plan, The
Budget Committee and City Council recognized a shortfall in the 5-year financing plan for street projects. Several
significant issues surfaced after the budget adoption. Some issues require prompt resolution while others can be
delayed until the budget process begins for FY 2008-09.
The following are the issues, subdivided into immediate, short-term and long-term financing requirements, that
need to be resolved:
Immediate Funding Requirements
• Existing contracts for a variety of projects were not allocated funding to carry over into FY 2007-08.
This was an oversight in the initial attempt to provide a comprehensive 5-year CIF Plan and will be
rectified in future budget formulations. Staff has addressed the issue and recommends reallocation of
funding among existing funds to continue those contracts to completion. A budget adjustment to add gas
tax funding to one of the projects may be needed. The proposed reallocation of funding is summarized
in the attached memorandum. Council approval will be needed to make the funding transfers necessary
to complete these existing contracts.
• The Tigard Triangle LID (Local Improvement District) #1 was not included in the FY 2007-08 CIP
budget because Specht Development requested that the project be delayed while they reviewed the scope
of work and cost estimates in an attempt to reduce costs. The project was removed from the budget
pending that review. Specht Development has since contacted the City indicating a desire to continue the
project with modifications to the LID boundary. The initial step needed is to restore the project using the
balance of the deposit made by Specht and complete the Preliminary Engineer's Report. The report will
provide Council with the information necessary to make .a decision on whether or not to form the LID.
If Council forms the LID to complete the design documents and construct the improvements, either a
budget amendment or supplemental budget will be required to move ahead with the project.
• Installation of a traffic signal system at the intersection of Bonita Road and 74`h Avenue will require
$50,000 as the City's share for design and installation. Discussions are currently underway among TriMet,
ODOT Rail, the City, and property owners that may be benefited by the signal system. The City
contribution will be needed sometime this fiscal year.
Short-Term Funding Requirements
• Certain key projects, such as Burnham Street and Commercial Street, need significant funding to
complete. Commercial Street in particular, from Main Street to Lincoln Avenue, did not have any
funding carried over to finish the design, and has no funding available to construct the project. The
funding to complete the design for this project will be included in the measures for immediate action.
However, construction funding needs to be provided for the project to be constructed. For these key
projects to remain on schedule, funding needs to be provided in a timely manner to construct the
improvements.
• The local gas tax monthly revenue since collections began in April 2007 has fallen short of the monthly
amount needed to raise sufficient funding for the Greenburg Road Intersection Project. Attached is a
report that shows the monthly revenue since April. While the reasons for the revenue shortfall are not
entirely clear, the City of Eugene has experienced lower than expected revenue collections during the
past year, and ODOT has experienced a flattening of the revenue stream during that same period. The
methodology used for estimating the gas tax revenue prior to the adoption of the local tax, as well as the
collections by ODOT and the City of Eugene during the past year, will be submitted to Council by
memorandum prior to this meeting.
There is sufficient funding available to begin the design process for the Greenburg Road Intersection
Project, but the stream of revenue terminating in December 2011 will not be sufficient to fully construct
the improvements. A 2-year time extension at the same 3-cent rate should provide the funding needed.
In addition, funding will have to be provided up front during the next two years to construct the
improvements in tandem with the Hall/99W intersection project. The revenue stream will be used to pay
any debt created to provide the funding in a timely manner. These two issues need to be resolved for the
project to move ahead to completion.
Long-Term Funding Requirements
• There is approximately $40,330,000 in unfunded transportation-related projects listed in the 2007-
12 CIP Plan. These projects include widening and reconstruction of Walnut Street from 116`x'
Avenue to Tiedeman Avenue, widening and reconstruction of 121St Avenue from Tippit Place to
Whistler's Walk, and many other highly important projects. Construction of these projects will
greatly improve infra-city traffic and transit circulation and enhance safe pedestrian travel along the
improved streets.
If Council provides direction to move ahead as recommended, a CIP Amendment to resolve the immediate
funding issues will be prepared and submitted for Council approval. Specific short-term financing measures
will be brought back to Council by the end of this calendar year for action. Longer-term financing for the
$40,330,000 in needed transportation projects will require efforts to increase funding from a variety of sources,
including gas tax, MSTIP, TIF, local SDCs, local gas tax and increase in the Street Maintenance Fee.
OTHER ALTERNATIVES CONSIDERED
None
COUNCIL GOALS
Implementation of transportation-related projects supports the Council goal of alleviating congestion within the City
and on Highway 99W.
ATTACHMENT LIST
1. Memorandum summarizing the funding shortfalls and recommended reallocations
2. Local Gas Tax revenue stream since collections began in April 2007.
FISCAL NOTES
The available funds and funding shortfalls are summarized in the attached memorandum.
heng~guskouncil agenda summaries\70-23.07 transportation project tunding als.doc
Attachment 1
- " City of Tigard
Memorandum
To: Mayor and City Council
From: Tom Coffee, Community Development Director
Gus Duenas, City Engineer
Carissa Collins, Management Analyst
Re: Transportation Project Funding
Date: October 15, 2007
Background
With the adoption of the 2007-2008 CIP Budget and the 2007-2012 CIP Plan, the Budget
Committee and City Council recognized a shortfall in the 5-year financing plan for street projects.
This memorandum provides an update on the project funding and identifies the magnitude of the
funding shortfall in the current fiscal year and the next 4 years. Additional funding is needed in
order to complete priority projects that are underway and to construct needed projects in the next 4
years.
Priority Projects are listed below:
Immediate Funding Available Funding Type Funding Nee
Reallocation Funds
1215, Crosswalk Improvements $200,000 Gas Tax
Collector & Arterial $5,000 Gas Tax $170,000
Right-of-Way (annual program) ($35,000 / yr.)
Commercial Sidewalk Intersection $15,648 Gas Tax
Treatment-OTAK Design
Durham / 108thIntersection $170,000 TIF
Hall Blvd. Sidewalk $10,358 Gas Tax
Spruce St.
Hall Blvd. Trail Crossing $80,963 Gas Tax
Hall/Wall St. Extension & Library Parkin Lot $577,686 TIF
1 of 4
Immediate Funding Available Funding Type Funding Nee
Reallocation Funds
Main St. Improvements
$25,000 Gas Tax
McDonald Traffic Median $15,000 TIF
@ H 99W
Pavement Major Maintenance Program $800,000 SMF
(annually) 33,000 Gas Tax
$833,000
Tigard Triangle LID #1 $22,598 LID #1
Traffic Stud Tigard & Tiedeman $17,046 TIF
Upper Boones Signal Upgrade $20,000 Gas Tax
Walnut/Scoffins/Ash FeasibiliStud $ 674 Gas Tax
74th Ave. / Bonita Rd. Si alization $50,000 Gas Tax $50,000
Short Term Financing Available Funding Type Funding Nee
Required Funds
72nd Ave Dartmouth Intersection $199,411 TIF $1,400,000
Si alization
Ash Ave. Extension-Burnham to RR Tracks $378,920 Gas Tax $400,000
Burnham St. $ 715,000 TIF $4,749,000
Improvements $ 300,000 Underground
$ 350,000 Water
$1,365,000
Commercial St. Improvements Sidewalk $12,000 Gas Tax $597,000
(Lincoln to Main
Greenburg Rd./Hwy 99W/Main St. $500,000 City Gas Tax $4,100,000
Intersection Improvement
The following are future projects that still require funding-
Long Term Funding Funding Type Funding Need
Required
100th Ave. Improvements Gas Tax $600,000
Battler to Murdock
121St Ave. Improvements Gas Tax $3,100,000
(Walnut to N. Dakota)
2of4
Long Term Funding Funding Type Funding Need
Required
121St Ave. Improvements Gas Tax $2,500,000
(Whistler to Tippitt)) Under grounding 150,000
$2,650,000
72nd Ave. Improvements TIF $1,450,000
(Bonita Rd. to Hunziker
72nd Ave. Improvements TIF $2,700,000
artmouth to H 99
72nd Ave. Improvements TIF $4,200,000
(Hunziker to Dartmouth)
92nd Ave. Sidewalk Gas Tax $450,000
urham Rd. to Cook Park
Ash Ave. Extension Gas Tax $1,300,000
anno Cr. to Scoffins
Commercial St. Main to Hall Gas Tax $600,000
Dartmouth St. Improvements TIF $2,800,000
(72nd to 68th Ave.) Under grounding 150,000
$2,950,000
Fanno Creek Plaza Urban Renewal $1,495,000
Greenburg/Tiedeman/N. Dakota/Tigar TIF $3,700,000
St.
Hall Blvd. & Hwy 99W Urban Renewal $75,000
Gateway Treatments
Hall Blvd. & Tigard St. Crosswalks Gas Tax $100,000
Hall Blvd. @ McDonald TIF $400,000
Right Turn Lane
Hall Blvd. Half-Street Improvements TIF $160,000
(450'N. of Fanno Creek
Main St. Improvements Gas Tax $ 783,000
Green St. Retrofit Phase 1& 2 Urban Renewal $ 507A0
$1,290,000
Main St. South @ Hwy 99W Gas Tax $225,000
Gateway Treatment
Main St. Traffic Light @ Gas Tax $160,000
Tigard St.
Murdock St. Improvements Gas Tax $600,000
103rd to 97th Ave.
N. Dakota Pedestrian Bridge Gas Tax $400,000
3of4
Long Term Funding Funding Type Funding Need
Required
N. Dakota St. Improvements Gas Tax $700,000
Greenbur to 95th
Pavement Major Maintenance Program SMF $2,585,200
Enhancement (annually)
Pedestrian/Bicycle Paths Gas Tax $700,000
Storm Sewer $240,000
$940,000
Scoffins/Hall/Hunziker Realignment TIF $4,800,000
Under grounding 200,000
$5,000,000
Walnut St. Improvements TIF $2,500,000
116th to Tiedeman
Immediate Financial Needs:
Staff requests that an additional $29,063 be appropriated for the Gas Tax Fund in order to
complete those projects that were approved for in FY 2007-08 and currently have existing
contractual obligations.
The Tigard Triangle Local Improvement District #1 was not included in the FY 2007-08 CIP
budget per Specht Development's request to review the scope of work and costs in order to reduce
cost estimates. Since that time, the company has contacted the City in an effort to continue the
project with modifications to the LID boundary. Staff requests that $22,598 be appropriated for
the reinstatement of LID#1.
Negotiations between TriMet, ODOT, City of Tigard, and area property owners concerning the
74th Ave. & Bonita Rd. Crossing project were not finalized by the time the FY 2007-08 budgets
were completed. Final project costs came to $400,000 with TriMet contributing $200,000; ODOT
$25,000; Property Owners $125,000, and the City of Tigard $50,000. Therefore, staff requests an
appropriation of $50,000 from the Gas Tax Fund in order to fulfill our commitment to this project.
Short-Term Financial Needs:
Financing is needed in the short-term (2008-2010) for the construction of Burnham St. and the
Greenburg Road Intersection Project. The Greenburg Road/Highway 99W Project is financed by
the City Gas Tax over 5 years. Funding is needed up front to allow the project to be constructed in
a timely manner, and to coordinate with the Hall Blvd. / 99W Intersection Project. In addition,
local gas tax revenue collections have fallen short of the monthly amount needed to sufficiently
fund this project.
Long-Term Financial Needs:
City Council and staff will continue to explore financial resources and options that will address the
longer financial needs of those projects identified in the future.
4of4
Attachment 2
City of Tigard send to Bob, Craig, & Tom C.
City Gas Tax Collections
Forecasted
Amount Cumulative
Month of Date Deposited in Amount Administration Deposited at Total - $5M / Cumulative
Collections LGIP Collected Fees LGIP Aggregate Total 60 months Shortfall
April, 2007 June 18, 2007 $ 52,551.12 $ $ 52,551.12 $ 52,551.12 $ 83,333.33 $ (30,782.21)
May, 2007 July 10, 2007 $ 57,853.04 $ - $ 57,853.04 $ 110,404.16 $ 166,666.66 $ (56,262.50)
June, 2007 August 11, 2007 $ 62,846.23 $ (2,927.60) $ 59,918.63 $ 167,395.19 $ 249,999.99 $ (82,604.80)
July, 2007 September 12, 2007 $ 58,942.32 $ $ 58,942.32 $ 226,337.51 $ 333,333.32 $(106,995.81)
August, 2007 October 11, 2007 $ 64,006.23 $ $ 64,006.23 $ 290,343.74 $ 416,666.65 $(126,322.91)
council mail councilmail Staff Recommendation for Comp Plari Amendment for CPA2007-00001 Pago 1~
R-eC
From: Ron Bunch
To: Councilmail
Date: Mon, Oct 22, 2007 1:45 PM
Subject: Staff Recommendation for Comp Plan Amendment for CPA2007-00001
Good afternoon,
Please find the attached email regarding Staff Recommendation for Comp Plan Amendment for CPA2007-
00001.
Regards,
Ron Bunch
Assistant Community
Development Director
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
503-718-2427
ron@tigard-or.gov
CC: Craig Prosser; Darren Wyss; Joanne Bengtson; Tim Ramis; Tom Coffee
MEMORANDUM
~ w
TO: Craig Dirksen and Members of the City Council
FROM: Darren Wyss, Associate Planner
Ron Bunch, Assistant CD Director
RE: Staff Recommendation for Comprehensive Plan Amendment for CPA2007 -
00001
DATE: October 19, 2007
INTRODUCTION
Staff has been requested to prepare a recommendation for Council to consider in its
deliberations on CPA2007 - 00001. This Comprehensive Plan Amendment proposes
updated Comprehensive Plan Goals, Policies and Recommended Action Measures for
Environmental Quality; Parks, Recreation, Trails and Open Space; and Energy Conservation.
In summary, Staff s position is that the Planning Commission's Recommendation on the
debatable issues - funding recreation programs and commensurate facilities impart no
constraining obligation on the City. However, Council may amend the Commission's
recommendation if it finds the recommendations do not align with its own views and
priorities. For example, Council may find that it is better public policy to fully assess the
Community's willingness to pay for a public recreation program and facilities before adding
these statements to the Comprehensive Plan.
The following presents an analysis of the Commission's recommendations and offers an
alternative motion to consider for adoption. Please be aware that this memo addresses
issues around Goals, Policies, and Recommended Action Measures only. At the previous
Council work session, several comments were made about Plan organization, ordering, and
numbering of statements. These "Scribner" related issues do not require an amended
motion.
BACKGROUND / DISCUSSION
The Planning Commission Recommendation
As Council is aware, the Planning Commission recommended approval of the Goal 6:
Environmental Quality, and Goal 13: Energy Conservation, with no changes. However, the
Commission debated at length certain Parks, Recreation, Trails, and Open Space Goals,
Policies and Recommended Action Measures. In addition, the Commission recommended
C:\DOCUME-1\carolk\LOCAIS-1\'remp\councd memo staff plan recommendation epadoe
that minor wording, editorial, and organization changes be made. These minor scriber
related matters have been made already and do not require additional discussion.
The focus of Council's concerns at its previous work session were on Goals, Policies, and
Recommended Action Measures that implied a financial obligation to fund recreation
programs, recreation facilities, and acquire park land and open spaces by a particular date.
The following presents staff's analysis of the Commission's recommendation and an
alternative motion that Council may wish to consider if it opts for a different approach.
Staff Analysis and Recommendation
In view of its understanding of obligations imparted by "non-land use related" Goals,
Policies, and Recommended Action Measures staff can advise that adoption of the Parks,
Recreation, Open Space, and Trails Chapter would not present the city with fiscal or
program obligations. However, Council may wish to amend the statements due to their
symbolism or message if there is uncertainty about community support for expenditures for
recreation facilities and programs. Council may wish to ask the question "Is it appropriate to
convey this message through the Comprehensive Plan if community-wide support for
recreation program and facility funding has not been assessed with certainty." If this is the
case, staff recommends that the statements under discussion be amended and or categorized
as follows:
Planning Commission Recommendation Alternative Language
Goal 8.1, Policy #13, reinstated, and reads Categorize the policy as a Recommended Action
as follows: "The city shall identify Measure to read as follows: "Assess community
funding to build recreation facilities and interest in paying for public recreation
provide a full service recreation programs and facilities and, if supported,
program." propose funding measures for voter
consideration."
Recommended Action Measure #8.3.1 (x) Keep the statement as an Action Measure and
reinstated and reads as follows: "Consider reword it as follows: "Seek timely voter approval
seeking voter approval as early as to fund needed Park and open space
November 2008, and no later than acquisitions and improvements."
November 2010, to fund needed Park
and open space acquisitions and
improvements."
C:\DOCUMG-1\earolk\LOCALS-1\Temp\couneil memo staff plan recommendation epa.doe
Goal 8.3, Policy #1 shall be reinstated and Reword the policy as follows: "The City shall
read, "The City shall establish a develop high quality parks and recreation
recreation program served by high facilities throughout the community."'
quality community facilities."
Goal 8.3 Policy # 2 proposed to be deleted: Delete the policy as proposed; the above action
the policy read as follows, "The City shall measure addresses the need to conduct an
work with the community to assess the assessment of community demand/need for a
need for recreation program and recreation program.
identify potential funding for its
establishment and operation. ,2
Add Recommended Action Measure 8.3 (ii) Retain the recommended action measure as
to read as follows, "Identify potential proposed.
partners including school districts,
special service districts, and private
providers etc. for the provision of
recreation programs."
Add Recommended Action Measure 8.3(iii) Delete the proposed Recommended Action
to read as follows, "Work with the Measure; the above Action Measures accomplish
community to assess appropriate this purpose
elements for a recreation program."
Recommended Motion
Therefore, the following motion is proposed if Council wishes to send the message that it
wishes to first assess community support for land acquisition and recreation programs, and;
it is not prepared to directly propose the creation and funding of a recreation program and
associated facilities and; it also cannot commit to proposing a park land and open space
acquisition bond in 2008.
Motion to Adopt CPA2007 - 00001
Move to adopt the Planning Commission's recommendation regarding revised
Comprehensive Plan Chapters pertaining to Statewide Planning Goal 6, Environmental
Quality, and Statewide Planning Goal 13, Energy Conservation, and to replace
corresponding Comprehensive Plan Chapters with the same and adopt the Commission's
recommendations regarding the Parks, Recreation, Trails, and Open Space Chapter
(Statewide Planning Goal 8) with the exception amendments:
I The statement was reworded to include parks within the same context as recreation facilities. If a
community recreation program is not supported by the public, the City would still be able to implement the
policy by developing / maintaining facilities to support recreation that takes place in the "Park Context".
2 This policy was proposed by staff to the Planning Commission to address the need to undertake a
community wide assessment of support for community recreation program. The Planning Commission did
not accept the recommendation.
C:\DOCUML-1\carolk\LOCALS-1\'I'emp\couneil memo staffplan recommendation epa.doe
• Change previous Policy 8.1, Policy #13 to an Action Measure and reword it to read
as follows, "Assess community interest in paying for public recreation
programs and facilities and, if supported, propose associated funding
measures for voter consideration."
• Reword Recommended Action Measure 8.3. (x) to read as follows, "Seek timely
voter approval to fund needed park and open space acquisitions and
improvements."
• Amend the Policy 8.3.1 to read as follows, "The City shall develop high quality
parks and recreation facilities throughout the community."
• Delete Recommended Action Measure 8.3 (iii)
Copy: Craig Prosser, City Manager
Tom Coffee, Community Development Director
Tim Ramis, City Attorney
C:\DOCUMr-I\carolk\LOCAIS-I\1'emp\councd memo staffplan recommendation cpa.doc
Duane: Here is a draft of the October 23, 2007 Public Hearing - Carol
6. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT
CPA2007-00001 - UPDATE THE GOALS, POLICIES, AND RECOMMENDED
ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR,
WATER, AND LAND RESOURCES QUALITY; GOAL 8: RECREATIONAL NEEDS;
AND GOAL 13: ENERGY CONSERVATION
Mayor Dirksen opened the public hearing at 8:16 p.m. He asked if any Council member wished
to declare or discuss a conflict of interest or abstention. There were none.
The Staff Report was given by Associate Planner Wyss. He said Comprehensive Plan
Amendment (CPA 2007-00001) updates the goals, policies and recommended action measures
pertaining to Statewide Land Use Planning Goal 6-Air, water and Land Resource Quality, Goal
8 - Recreational Needs and Goal 13 - Energy Conservation. He described the process which
included a lot of community input through policy interest teams. The Planning Commission
held a workshop and a public hearing on August 20, 2007. The Planning Commission made no
changes to the Environmental and Energy Conservation Sections and recommended a few
minor changes to the Parks, Trails and Open Spaces chapter, found in Attachment 1 in the
packet. He said staff recommends adopting the language forwarded by the Planning
Commission, but based on the Mayor's request, staff also provided alternative language based
on the Council's Workshop meeting.
Assistant Community Development Manager Bunch expressed staff's appreciation of the many
citizens who participated in this process, as well as the boards and committees, including the
Planning Commission
Mayor Dirksen also noted Council's appreciation of the effort and time staff and citizens
devoted to this comprehensive plan update.
Mayor Dirksen asked if there were any proponents who wished to testify.
Bi7an Davies, 12025 SW Springwood Drive, Tigard, OR identified himself as the chairman for
the City of Tigard's Park and Recreation Advisory Board (DRAB). He said all PRAB members
support the Comprehensive Plan Amendment as it currently stands.
Councilor Wilson commended the PRAB for their enthusiasm which is evident in the
document.
Carl Switzer, 10310 SW Hoodview Drive, Tigard, OR said he came to discuss Goal 8, and
specifically wanted to address the citizen involvement towards getting a recreation program in
the City of Tigard. He said as the Comprehensive Plan Update process began the Policy
Interest Team spent numerous hours debating what the City deserved and wanted. He said he
supported the language that recommends a recreation program in Tigard and wants the Policy
Interest Team language to be incorporated - not the modified language forwarded by the
Planning Commission. He said Tigard has a lot of families and a need for recreation like never
before. He said it is not a special interest group, but a large number of citizens across the board
that supports bringing a recreation program to Tigard. He requested that the comments of the
Policy Interest Team members be included verbatim.
Michael Freudenthal, 15838 SW Mason Court, Tigard, OR 97224 said he supported Goal 8
and as an original member of the reconstituted Park and Recreation Advisory Board wanted to
support the recreation effort as described by the Policy Interest Team. He said a recreation
program in Tigard is important to livability in Tigard, which is a major focus of PRAB. He said
the recently opened Skate Park shows what can happen when people work together. He said
the PRAB voted unanimously to support the original language and asked Council to reconsider
the Planning Commission's changes and revert back to the original language. He suggested that
if issues arise, compromises should be sought.
John Frewing, 7110 SW Lola Lane, Tigard, OR said he was generally in favor but had some
comments in opposition. He expressed concerns about the availability of Council meeting
materials 7-days before meetings and said he experienced difficulty accessing some of the larger
files from the City's website. He said in the section on Definitions (G-1), the 100-year
Floodplain definition should be expanded to not only include Fanno Creek and lower portions
of Ash Creek and Summer Creek (FEMA identified 100-year floodplain areas) but should also
apply to any stream or any section of stream in Tigard.
Mr. Frewing said he was concerned that staff proposed Green Spaces, Open Spaces and
Natural Spaces be considered identical (G-4). He said they are three different things and staff
should be asked to distinguish between them.
He referred to page G-4 under the term Municipal Separate Storm Permit. He said this has to
do with Clearwater Services and storm water and suggested that it should say "City
implementation" because the City performs a lot of the duties called for under the MS4
Agreement.
He said the document defines Stream Corridor as something related to water quality functions
but that a Stream Corridor also protects habitat for fish and wildlife. He said he agrees that fish
and wildlife are not discussed in this section, which is about water quality, but advised that as
these definitions will be used throughout the document, the term Stream Corridor should be
corrected.
H recommends that the words, "Approved by the Planning Commission" be included and that
references to potential bonding measures not be deleted. He pointed out that it says the City
shall "consider"; it doesn't say the City will go out for money. He said he likes that as a citizen
because it shows how the Council will vote on a bond measure. He said the Policy Interest
Team wants this on the table for consideration. He said it has been discussed for many years
and additional surveys are not necessary.
Mayor Dirksen asked staff to respond to Mr. Frewing's comments on definitions. Associate
Planner Wyss said the 100-year floodplain definition is consistent with the State's and
Clearwater Services' definition. Regarding the MS4 permit, he said Mr. Frewing was correct that
the City has an agreement with Clearwater Services but he did not think that changing the
definition was necessary.
Mayor Dirksen said the IGA may change and if it does, then the Comprehensive Plan would
have to change. He said that as it is, "somebody" has to do it but we need to keep the
Comprehensive Plan broad enough to cover potential changes in that agreement." He noted
that he agreed with Mr. Frewing on expanding the Stream Corridor definition.
Associate Planner Roberts spoke about Green Space, Open Space and Natural Space. He said
these terms are based on the Parks System Master Plan which has a classification system for
park types. He said staff doesn't want to develop definitions that differ between documents.
He said Open Space is not defined in the Parks Master Plan but most closely is defined as
Green Space and Greenway. Mayor Dirksen noted that by agreement Open Space is an
undeveloped area. Councilor Wilson said it is difficult when reading the Tigard Municipal
Code, to distinguish between public open spaces and private spaces with easements and he
recommended this be addressed.
Councilor Buehner said definitions were developed by the Planned Development Code
committee and offered that these may be helpful. Associate Planner Roberts said they did look
at those but didn't think they were applicable as they wanted to follow the Parks Master Plan.
City Manager Prosser suggested that staff go back through the document and see how the
words are used because taking them out of context during this meeting may not work within
the document. Councilor Wilson suggested adopting the definitions last. Councilor Woodruff
said that when words are interchangeable to use one, and use the synonym in its definition
section.
Mayor Dirksen asked the City Attorney if there was a legal issue with terms used in different
contexts. The City Attorney recommended that staff go back through the document and
ensure that each time a term is used it is used in accordance with the technical definition. He
noted that colloquial terms may not be recognized in court.
Sue Beilke, 11755 SW 114`'' Place, Tigard, OR 97223 distributed a statement to the Council, a
copy of which will become part of this public hearing record. She said she was a member of
the committee working on the Parks, Open Spaces and Recreation section. Her comments
address the comments of the Planning Commission and some of the wording. She said in Goal
8.1, Action Measure 19, their committee recommended the words, "where feasible and
appropriate make Parks, Trails and Open Spaces universally accessible by as many people as
possible." She said they felt the parks should be open as much as possible to the public but
there also may be sensitive areas or wetlands where the City may not want to put a trail. She
also noted there may be species present in an area that need protection from the public. She
said they want that language because it gives the City the ability to assess each area.
Ms. Beilke recommended keeping in strong language about a recreation plan as well as the
language about a bond measure. She said there was a Natural Resources Inventory that needs
updating regarding species and acreage in Tigard. She would like to have that reflect the most
up to date information.
She said a lot of time was spent on definitions (Greenways, Open Spaces, etc.) and agrees that it
should be more consistent and specific because it will come up again in the Natural Resources
Section.
Jason Rogers, 11035 SW Summerlake Drive, Tigard OR 97223 said he was with the PRAB and
they voted to unanimously to support Goal 8. He said he'd like to see a recreation program in
Tigard in the next five to ten years or even sooner. He said he and his neighbors use Tualatin
Hills Park and Recreation District's facilities at an out-of-district cost and he'd like to bring that
level of programming home to Tigard. He said their programs and facilities are far superior to
what we are offered here in Tigard. He said he supports the proposed changes but the original
language was to ensure that the park and recreation program they want is
Mayor Dirksen asked staff for their recommendation.
Associate Planner Wyss said the staff recommendation is to adopt the Planning Commission
recommendation to adopt the Comprehensive Plan Amendment (CPA 2007-00001)
Mayor Dirksen asked if Council had any further questions for staff or public. Mayor Dirksen
closed the public hearing at 9:11 p.m.
NOTE TO DUANE: There was fiirther discussion on Goal 6 and Goal 13 but this
covers Goal 8. The Agenda Item was Continued to November 27, 2007.
Duane: Here is a draft of the October 23, 2007 Public Hearing - Carol
6. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT
CPA2007-00001 - UPDATE THE GOALS, POLICIES, AND RECOMMENDED
ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR,
WATER, AND LAND RESOURCES QUALITY; GOAL 8: RECREATIONAL NEEDS;
AND GOAL 13: ENERGY CONSERVATION
Mayor Dirksen opened the public hearing at 8:16 p.m. He asked if any Council member wished
to declare or discuss a conflict of interest or abstention. There were none.
The Staff Report was given by Associate Planner Wyss. He said Comprehensive Plan
Amendment (CPA 2007-00001) updates the goals, policies and recommended action measures
pertaining to Statewide Land Use Planning Goal 6-Air, water and Land Resource Quality, Goal
8 - Recreational Needs and Goal 13 - Energy Conservation. He described the process which
included a lot of community input through policy interest teams. The Planning Commission
held a workshop and a public hearing on August 20, 2007. The Planning Commission made no
changes to the Environmental and Energy Conservation Sections and recommended a few
minor changes to the Parks, Trails and Open Spaces chapter, found in Attachment 1 in the
packet. He said staff recommends adopting the language forwarded by the Planning
Commission, but based on the Mayor's request, staff also provided alternative language based
on the Council's Workshop meeting.
Assistant Community Development Manager Bunch expressed staff's appreciation of the many
citizens who participated in this process, as well as the boards and committees, including the
Planning Commission
Mayor Dirksen also noted Council's appreciation of the effort and time staff and citizens
devoted to this comprehensive plan update.
Mayor Dirksen asked if there were any proponents who wished to testify.
Brian Davies, 12025 SW Springwood Drive, Tigard, OR identified himself as the chairman for
the City of Tigard's Park and Recreation Advisory Board (DRAB). He said all PRAB members
support the Comprehensive Plan Amendment as it currently stands.
Councilor Wilson commended the PRAB for their enthusiasm which is evident in the
document.
Carl Switzer, 10310 SW Hoodview Drive, Tigard, OR said he came to discuss Goal 8, and
specifically wanted to address the citizen involvement towards getting a recreation program in
the City of Tigard. He said as the Comprehensive Plan Update process began the Policy
Interest Team spent numerous hours debating what the City deserved and wanted. He said he
supported the language that recommends a recreation program in Tigard and wants the Policy
Interest Team language to be incorporated - not the modified language forwarded by the
Planning Commission. He said Tigard has a lot of families and a need for recreation like never
before. He said it is not a special interest group, but a large number of citizens across the board
that supports bringing a recreation program to Tigard. He requested that the comments of the
Policy Interest Team members be included verbatim.
Michael Freudenthal, 15838 SW Mason Court, Tigard, OR 97224 said he supported Goal 8
and as an original member of the reconstituted Park and Recreation Advisory Board wanted to
support the recreation effort as described by the Policy Interest Team. He said a recreation
program in Tigard is important to livability in Tigard, which is a major focus of PRAB. He said
the recently opened Skate Park shows what can happen when people work together. He said
the PRAB voted unanimously to support the original language and asked Council to reconsider
the Planning Commission's changes and revert back to the original language. He suggested that
if issues arise, compromises should be sought.
John Frewing, 7110 SW Lola Lane, Tigard, OR said he was generally in favor but had some
comments in opposition. He expressed concerns about the availability of Council meeting
materials 7-days before meetings and said he experienced difficulty accessing some of the larger
files from the City's website. He said in the section on Definitions (G-1), the 100-year
Floodplain definition should be expanded to not only include Fanno Creek and lower portions
of Ash Creek and Summer Creek (FEMA identified 100-year floodplain areas) but should also
apply to any stream or any section of stream in Tigard.
Mr. Frewing said he was concerned that staff proposed Green Spaces, Open Spaces and
Natural Spaces be considered identical (G-4). He said they are three different things and staff
should be asked to distinguish between them.
He referred to page G-4 under the term Municipal Separate Storm Permit. He said this has to
do with Clearwater Services and storm water and suggested that it should say "City
implementation" because the City performs a lot of the duties called for under the MS4
Agreement.
He said the document defines Stream Corridor as something related to water quality functions
but that a Stream Corridor also protects habitat for fish and wildlife. He said he agrees that fish
and wildlife are not discussed in this section, which is about water quality, but advised that as
these definitions will be used throughout the document, the term Stream Corridor should be
corrected.
H recommends that the words, "Approved by the Planning Commission" be included and that
references to potential bonding measures not be deleted. He pointed out that it says the City
shall "consider"; it doesn't say the City will go out for money. He said he likes that as a citizen
because it shows how the Council will vote on a bond measure. He said the Policy Interest
Team wants this on the table for consideration. He said it has been discussed for many years
and additional surveys are not necessary.
Mayor Dirksen asked staff to respond to Mr. Frewing's comments on definitions. Associate
Planner Wyss said the 100-year floodplain definition is consistent with the State's and
Clearwater Services' definition. Regarding the MS4 permit, he said Mr. Frewing was correct that
the City has an agreement with Clearwater Services but he did not think that changing the
definition was necessary.
Mayor Dirksen said the IGA may change and if it does, then the Comprehensive Plan would
have to change. He said that as it is, "somebody" has to do it but we need to keep the
Comprehensive Plan broad enough to cover potential changes in that agreement." He noted
that he agreed with Mr. Frewing on expanding the Stream Corridor definition.
Associate Planner Roberts spoke about Green Space, Open Space and Natural Space. He said
these terms are based on the Parks System Master Plan which has a classification system for
park types. He said staff doesn't want to develop definitions that differ between documents.
He said Open Space is not defined in the Parks Master Plan but most closely is defined as
Green Space and Greenway. Mayor Dirksen noted that by agreement Open Space is an
undeveloped area. Councilor Wilson said it is difficult when reading the Tigard Municipal
Code, to distinguish between public open spaces and private spaces with easements and he
recommended this be addressed.
Councilor Buehner said definitions were developed by the Planned Development Code
committee and offered that these may be helpful. Associate Planner Roberts said they did look
at those but didn't think they were applicable as they wanted to follow the. Parks Master Plan.
City Manager Prosser suggested that staff go back through the document and see how the
words are used because taking them out of context during this meeting may not work within
the document. Councilor Wilson suggested adopting the, definitions last. Councilor Woodruff
said that when words are interchangeable to use one, and use the synonym in its definition
section.
Mayor Dirksen asked the City Attorney if there was a legal issue with terms used in different
contexts. The City Attorney recommended that staff go back through the document and
ensure that each time a term is used it is used in accordance with the technical definition. He
noted that colloquial terms may not be recognized in court.
Sue Beilke, 11755 SW 114`'' Place, Tigard, OR 97223 distributed a statement to the Council, a
copy of which will become part of this public hearing record. She said she was a member of
the committee working on the Parks, Open Spaces and Recreation section. Her comments
address the comments of the Planning Commission and some of the wording. She said in Goal
8.1, Action Measure 19, their committee recommended the words, "where feasible and
appropriate make Parks, Trails and Open Spaces universally accessible by as many people as
possible." She said they felt the parks should be open as much as possible to the public but
there also may be sensitive areas or wetlands where the City may not want to put a trail. She
also noted there may be species present in an area that need protection from the public. She
said they want that language because it gives the City the ability to assess each area.
Ms. Beilke recommended keeping in strong language about a recreation plan as well as the
language about a bond measure. She said there was a Natural Resources Inventory that needs
updating regarding species and acreage in Tigard. She would like to have that reflect the most
up to date information.
She said a lot of time was spent on definitions (Greenways, Open Spaces, etc.) and agrees that it
should be more consistent and specific because it will come up again in the Natural Resources
Section.
Jason Rogers, 11035 SW Summerlake Drive, Tigard OR 97223 said he was with the PRAB and
they voted to unanimously to support Goal 8. He said he'd like to see a recreation program in
Tigard in the next five to ten years or even sooner. He said he and his neighbors use Tualatin
Hills Park and Recreation District's facilities at an out-of-district cost and he'd like to bring that
level of programming home to Tigard. He said their programs and facilities are far superior to
what we are offered here in Tigard. He said he supports the proposed changes but the original
language was to ensure that the park and recreation program they want is
Mayor Dirksen asked staff for their recommendation.
Associate Planner Wyss said the staff recommendation is to adopt the Planning Commission
recommendation to adopt the Comprehensive Plan Amendment (CPA 2007-00001)
Mayor Dirksen asked if Council had any further questions for staff or public. Mayor Dirksen
closed the public hearing at 9:11 p.m.
NOTE TO DUANE: There was further discussion on Goal 6 and Goal 13 but this
covers Goal 8. The Agenda Item was Continued to November 27, 2007.
i council mail councilmail Staff Recommendation for Comp Plan Amendment for CPA2007-00001 W.-I-T-11
1
From: Ron Bunch
To: Councilmail
Date: Mon, Oct 22, 2007 1:45 PM
Subject: Staff Recommendation for Comp Plan Amendment for CPA2007-00001
Good afternoon,
Please find the attached email regarding Staff Recommendation for Comp Plan Amendment for CPA2007-
00001.
Regards,
Ron Bunch
Assistant Community
Development Director
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
503-718-2427
ron@tigard-or.gov
CC: Craig Prosser; Darren Wyss; Joanne Bengtson; Tim Ramis; Tom Coffee
C'
MEMORANDUM
TO: Craig Dirksen and Members of the City Council
FROM: Darren Wyss, Associate Planner
Ron Bunch, Assistant CD Director
RE: Staff Recommendation for Comprehensive Plan Amendment for CPA2007 -
00001
DATE: October 19, 2007
INTRODUCTION
Staff has been requested to prepare a recommendation for Council to consider in its
deliberations on CPA2007 - 00001. This Comprehensive Plan Amendment proposes
updated Comprehensive Plan Goals, Policies and Recommended Action Measures for
Environmental Quality; Parks, Recreation, Trails and Open Space; and Energy Conservation.
In summary, Staffs position is that the Planning Commission's Recommendation on the
debatable issues - funding recreation programs and commensurate facilities impart no
constraining obligation on the City. However, Council may amend the Commission's
recommendation if it finds the recommendations do not align with its own views and
priorities. For example, Council may find that it is better public policy to fully assess the
Community's willingness to pay for a public recreation program and facilities before adding
these statements to the Comprehensive Plan.
The following presents an analysis of the Commission's recommendations and offers an
alternative motion to consider for adoption. Please be aware that this memo addresses
issues around Goals, Policies, and Recommended Action Measures only. At the previous
Council work session, several comments were made about Plan organization, ordering, and
numbering of statements. These "Scribner" related issues do not require an amended
motion.
BACKGROUND / DISCUSSION
The Planning Commission Recommendation
As Council is aware, the Planning Commission recommended approval of the Goal 6:
Environmental Quality, and Goal 13: Energy Conservation, with no changes. However, the
Commission debated at length certain Parks, Recreation, Trails, and Open Space Goals,
Policies and Recommended Action Measures. In addition, the Commission recommended
C:\DOCUME-1\carolk\LOCALS-1\Temp\councd memo staff plan recommendation cpa.doc
,
that minor wording, editorial, and organization changes be made. These minor scriber
related matters have been made already and do not require additional discussion.
The focus of Council's concerns at its previous work session were on Goals, Policies, and
Recommended Action Measures that implied a financial obligation to fund recreation
programs, recreation facilities, and acquire park land and open spaces by a particular date.
The following presents staff's analysis of the Commission's recommendation and an
alternative motion that Council may wish to consider if it opts for a different approach.
Staff Analysis and Recommendation
In view of its understanding of obligations imparted by "non-land use related" Goals,
Policies, and Recommended Action Measures staff can advise that adoption of the Parks,
Recreation, Open Space, and Trails Chapter would not present the city with fiscal or
program obligations. However, Council may wish to amend the statements due to their
symbolism or message if there is uncertainty about community support for expenditures for
recreation facilities and programs. Council may wish to ask the question "Is it appropriate to
convey this message through the Cbmprehensive Plan if community-wide support for
recreation program and facility funding has not been assessed with certainty." If this is the
case, staff recommends that the statements under discussion be amended and or categorized
as follows:
Planning Commission Recommendation Alternative Language
Goal 8.1, Policy #13, reinstated, and reads Categorize the policy as a Recommended Action
as follows: "The city shall identify Measure to read as follows: "Assess community
funding to build recreation facilities and interest in paying for public recreation
provide a full service recreation programs and facilities and, if supported,
program." propose funding measures for voter
consideration."
Recommended Action Measure #8.3.1 (x) Keep the statement as an Action Measure and
reinstated and reads as follows: "Consider reword it as follows: "Seek timely voter approval
seeking voter approval as early as to fund needed Park and open space
November 2008, and no later than acquisitions and improvements."
November 2010, to fund needed Park
and open space acquisitions and
improvements."
C:\DOCUME--I\carolk\LOCAI 5-I\Temp\council memo staff plan recommendation cpa.doc
Goal 8.3, Policy #1 shall be reinstated and Reword the policy as follows: "The City shall
read, "The City shall establish a develop high quality parks and recreation
recreation program served by high facilities throughout the community."'
quality community facilities."
Goal 8.3 Policy # 2 proposed to be deleted: Delete the policy as proposed; the above action
the policy read as follows, "The City shall measure addresses the need to conduct an
work with the community to assess the assessment of community demand/need for a
need for recreation program and recreation program.
identify potential funding for its
establishment and o eration."Z
Add Recommended Action Measure 8.3 (ii) Retain the recommended action measure as
to read as follows, "Identify potential proposed.
partners including school districts,
special service districts, and private
providers etc. for the provision of
recreation programs."
Add Recommended Action Measure 8.3(iii) Delete the proposed Recommended Action
to read as follows, "Work with the Measure; the above Action Measures accomplish
community to assess appropriate this purpose
elements for a recreation program."
Recommended Motion
Therefore, the following motion'is proposed if Council wishes to send the message that it
wishes to first assess community support for land acquisition and recreation programs, and;
it is not prepared to directly propose the creation and funding of a recreation program and
associated facilities and; it also cannot commit to proposing a park land and open space
acquisition bond in 2008.
Motion to Adopt CPA2007 - 00001
Move to adopt the Planning Commission's recommendation regarding revised
Comprehensive Plan Chapters pertaining to Statewide Planning Goal 6, Environmental
Quality, and Statewide Planning Goal 13, Energy Conservation, and to replace
corresponding Comprehensive Plan Chapters with the same and adopt the Commission's
recommendations regarding the Parks, Recreation, Trails, and Open Space Chapter
(Statewide Planning Goal 8) with the exception amendments:
1 The statement was reworded to include parks within the same context as recreation facilities. If a
community recreation program is not supported by the public, the City would still be able to implement the
policy by developing / maintaining facilities to support recreation that takes place in the "Park Context".
3 This policy was proposed by staff to the Planning Commission to address the need to undertake a
community wide assessment of support for community recreation program. The Planning Commission did
not accept the recommendation.
C:\DOCUME-1\carolk\LOCALS-t\Temp\council memo staffplan recommendation cpa.doc
• Change previous Policy 8.1, Policy #13 to an Action Measure and reword it to read
as follows, "Assess community interest in paying for public recreation
programs and facilities and, if supported, propose associated funding
measures for voter consideration."
• Reword Recommended Action Measure 8.3. (x) to read as follows, "Seek timely
voter approval to fund needed park and open space acquisitions and
improvements."
• Amend the Policy 8.3.1 to read as follows, "The City shall develop high quality
parks and recreation facilities throughout the community."
• Delete Recommended Action Measure 8.3 (iii)
Copy: Craig Prosser, City Manager
Tom Coffee, Community Development Director
Tim Ramis, City Attorney
C:\DOCUME-1\carolk\LOCALS-1\Temp\councd memo staff plan recommendation cpa.doc
I
AGENDA ITEM No. 6 Date: October 23, 2007
PUBLIC HEARING
(LEGISLATIVE)
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City
Council on:
LEGISLATIVE PUBLIC HEARING -
COMPREHENSIVE PLAN AMENDMENT
CPA 2007-00001- UPDATE THE GOALS, POLICIES,
AND RECOMMENDED ACTION MEASURES
PERTAINING TO STATEWIDE PLANNING
GOAL G: AIR, WATER, AND LAND RESOURCES
QUALITY; GOAL 8: RECREATIONAL NEEDS;
AND GOAL 13: ENERGY CONSERVATION
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
1:\ADM/CA'I'1-IY\CCSIGNUP\PH'I'LSTIMONY LrG071023.DOC
i A ,
AGENDA ITEM No. 6 Date: October 23, 2007
PLEASE PRINT
Pro onent - (Speaking In' Opponent - (Speaking Against) Neutral
Name Addre Pho e o. Name, Address & Phone No. Name, Address & Phone No.
i
Name, Address & Phone No Name, Address & Phone No. Name, Address & Phone No.
12C'Z~ S~%~lP""g .
c~- C~
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Na'~U)
f 0 1019k
~(x~Vt~,~~,)
Name, Address & Phone NI .P__1~. Name, Address & Phone No. Name, Address & Phone No.
M"el rre~edt (i ll
16'85-150 lKaioot
aE~ ~~uy
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AGENDA ITEM NO.6 Date: OCTOBER 23, 2007
LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT
CPA 2007-00001- UPDATE THE GOALS, POLICIES, AND RECOMMENDED
ACTION MEASURES PERTAINING TO STATEWIDE PLANNING
GOAL 6: AIR, WATER, AND LAND RESOURCES QUALITY; GOAL 8:
RECREATIONAL NEEDS; AND GOAL 13: ENERGY CONSERVATION
Citizens who testified but did not sign up on Testimony Sign-up Sheet:
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
Sue Beilke
11755 SW 114`h Place
Tigard, OR 97223
12-e cet, ~-a G/rl72 ~c~ (z17L
-7 ;Idle'i
October 23, 2007
Tigard City Council
RE: Proposed Amendments to the Comprehensive Plan
Dear Mayor Dirksen and Council Members:
As a member of the citizen committee that helped to rewrite the changes to the Parks,
Open Spaces and Recreation section of the Comprehensive Plan, I ask you to consider
the following:
I and those who attended the meetings to work on the above mentioned section of the
Comprehensive Plan, discussed in some detail the open spaces section and the need to
protect and conserve our native wildlife species. As a result, we wanted language that
would reflect this desire, and also the recognition that some open spaces in Tigard are
not appropriate places for intensive recreation, but rather need to be quiet, undisturbed
areas where wildlife, in particular sensitive species such as wood ducks, and native
painted and pond turtles, can survive and flourish. As a result of our efforts, I OPPOSE
the suggested changes to our wording under Goal 8. 1, Action Measure xxiv, where our
language included the words "Where feasible and appropriate"; the new proposed
wording is to delete "where feasible and appropriate". This deletion would make this
action measure weaker in its efforts to protect fish and wildlife in our open spaces, and
could open the door in the future to full scale recreation in sensitive areas, which we
will oppose, as this would not be appropriate. Even a trail in an open space can be very
disruptive and disturbing to wildlife, and in some cases will result in wildlife
abandoning an area altogether, which is not something we want to happen.
I also recommend to the Mayor and Council members that the Natural Resources
Inventory be revised to reflect the true "on the ground" conditions, which it currently
does not. It says nothing about the fish and wildlife resources in our community, it does
not reflect the loss of upland forests (by acres), etc. that have occurred in the past ten
years, and is not up to date in general. Until this is made current, we do not feel it is
appropriate to amend the Comprehensive Plan as some information is lacking that
would allow citizens to make accurate decisions based on accurate natural resource
data.
I also want to recommend that changes suggested to the recreation section of the revised
Comprehensive Plan be retained as our committee wrote them, in order to reflect the
wishes of citizens to have a means whereby the city can and should develop a recreation
program for the community. We believe the proposed changes by the Planning
Commission could weaken our efforts that are reflected in our goals, policies and action
measures that we spent months developing and refining.
In general, I recommend the strongest language possible for open spaces protection and
conservation, so that these areas and the fish and wildlife that inhabitat them are
protected and conserved. This will help to increase the "quality of life" many of us
want to see remain in Tigard, as we want to live in a city that places a high value on its
native flora and fauna.
Thank you for considering my comments.
Sincerely,
Sue Beilke, Director
The Biodiversity Project of Tigard and
The Turtle Conservancy
Agenda Item # 4~
Meeting Date October 23, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Public Hearing for Comprehensive Plan Amendment CPA2007-00001 - Update the goals,
policies and recommended action measures pertaining to Statewide Planning Goal 6: Air, Water, and Land
Resources Quality Goal 8: Recreational Needs, and Goal 13: Energy Conservation. LP
Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval:
C
ISSUE BEFORE THE COUNCIL
Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment
(CPA 2007-00001) to update the goals, policies, and recommended action measures applicable to Statewide Planning
Goals 6, 8, and 13?
STAFF RECOMMENDATION
Staff proposes Council approve the Planning Commission's recommendation and adopt the proposed Comprehensive
Plan Amendment to update goals, policies, and recommended action measures pertaining to Statewide Planning
Goals 6, 8, and 13.
KEY FACTS AND INFORMATION SUMMARY
The proposed Environmental Quality, Energy Conservation, and Parks, Recreation, Trails, and Open Space chapters
included in the amendment are a result of Council's direction to complete a full update of the Tigard Comprehensive
Plan. The updated chapters are based on the extensive inventory and facts included in the Tigard 2007 resource
document that detailed current community conditions and trends. Additionally, staff considered relevant findings from
past citizen surveys and the Tigard visioning project. This ensured that the expressed values and attitudes of the
hundreds of citizens who participated in these efforts were incorporated into the update of the Comprehensive Plan.
Council's direction to update the Comprehensive Plan also stressed the importance of garnering citizen input. Staff has
done this through Policy Interest Teams that met several times. Through consideration of the above technical
information and previously expressed values and attitudes, the Policy Interest Teams and staff formulated draft goals,
policies, and recommended action measures to pass on to the Planning Commission. Subsequently, the Planning
Commission held a public workshop on July 16, 2007 and a public hearing on August 20, 2007. The Commission
recommended the Council adopt the updated chapters included in CPA2007-00001. At the public hearing, the
Commission made some minor changes to the original proposal and these are summarized in staffs attached
memorandum (Attachment 1).
Like all updated Plan chapters that will come before Council, it is important that the Environmental Quality, Energy
Conservation, and Parks, Recreation, Trails, and Open Space chapter be technically sound. Therefore, during the
development of the three chapters, Department Review Teams were involved to determine its technical accuracy and
1
conformance with applicable laws and rules. Also, the updated chapters were sent to state, federal, and regional agencies
for review.
The intent of the updated chapters is to provide Tigard a much better foundation on which to prepare ordinances,
associated plans, development standards, programs, and intergovernmental agreements. This is necessary to provide the
tools needed to improve community livability by protecting air, water, and land resources, conserving energy, and
providing a variety of parks and recreation opportunities for residents. By adopting the new Comprehensive Plan
chapters, the City signals that it is committed to these principles, whether they are required by federal, state, and regional
regulations, or simply the aspirations and wishes of the community.
The proposed chapters provide a necessary update to the current language in the Comprehensive Plan, which is out of
date and limited scope. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions
to periodically update their plans to reflect current conditions, regulations and information relating to the Oregon
Statewide Planning Goals. This amendment will act as major stride in ensuring compliance with the Statewide Planning
Goals.
City Council reviewed the amendment at a September 25, 2007 meeting and made two requests of staff before
bringing the language back for the public hearing. First, staff has included a Glossary to define important terms in
the proposed language (see Exhibit A) and secondly, has moved a few policies and recommended action measures
to fall under a different goal in the Parks, Recreation, Trails, and Open Space chapter (see Attachment 1 for further
explanation). Staff could make these two changes because they do not alter the language as recommended by the
Planning Commission. The Council also briefly discussed a number of recommended action measures at the
September 25`h worksession. No changes were made by staff based on this discussion as any substantive language
changes need to take place within the public hearing process on October 23`d.
A brief overview of the major principles included in each of the three chapters can be found in Attachment 1.
OTHER ALTERNATIVES CONSIDERED
1. Approve the Planning Commission recommendation and adopt CPA2007-00001.
2. Modify the Planning Commission recommendation and adopt CPA2007-00001.
3. Remand to the Planning Commission to hold additional hearings and deliberations for future consideration
at City Council.
CITY COUNCIL GOALS
Goal 1: Comprehensive Plan
A. Updating the blueprint for the City
B. Public Input
ATTACHMENT LIST
Attachment 1: Memo to Council dated October 9, 2007
Attachment 2: An Ordinance approving Comprehensive Plan Amendment 2007-00001
2
Exhibit A: Tigard Comprehensive Plan Amendments (Statewide Planning Goals 6, 8, and 13)
Exhibit B: Staff Report to the Planning Commission
Exhibit C: Planning Commission Meeting Minutes - August 20, 2007
Exhibit D: Council Memo dated September 11, 2007 (Pertaining to Council workshop on CPA2007-00001)
FISCAL NOTES
Not Applicable
3
ATTACHMENT 1
MEMORANDUM
TIGARD
TO: Mayor Craig Dirkson and Members of City Council
FROM: Darren Wyss, Associate Planner
RE: Council Hearing - CPA2007-00001
DATE: October 9, 2007
INTRODUCTION
At the October 23, 2007 City Council meeting, a public hearing will be held for CPA2007-
00001. The amendment updates the goals, policies, and recommended action measures for
the Environmental Quality (Statewide Planning Goal 6), Energy Conservation (Statewide
Planning Goal 13), and Parks, Recreation, Trails, and Open Space (Statewide Planning Goal
8) chapters for the updated Comprehensive Plan (see Exhibit A). Current language that is to
be deleted is found with a sbrikethr-a•-The proposed amendment language was approved
and recommended by the Planning Commission at an August 20, 2007 public hearing.
BACKGROUND /DISCUSSION
Council Worksession Summary
The Tigard City Council reviewed the amendment at a September 25, 2007 meeting and
made two requests of staff before bringing the language back for the public hearing.
1. Include definitions for important terms in each of the chapters. Staff has
developed a glossary of terms for CPA2007-00001 and it can be found at the end of
Exhibit A. The definitions should provide the specificity for the terms that were
identified by the Council, as well as a number of additional terms that needed to be
clarified.
2. A few of the Parks, Recreation, Trails, and Open Space policies and
recommended action measures should be rearranged under a different goal to
ensure the document can easily be used. Staff has moved one policy and two
recommended action measures from Goal 8.1 to Goal 8.3. This includes:
Policy
2. The City shall identify funding to build recreational facilities and provide a full service
recreational program.
Recommended Action Measures
iv. Consider voter approval to fund needed recreation facilities and a recreation program.
v. Financially assist, when able, youth sports leagues and other non-profit recreation
providers.
The Council also briefly discussed a number of recommended action measures at the
September 25,h worksession. During the discussion, a preference to either change or
eliminate some of the recommended action measures pertaining to specific dates or the
financial assistance of recreation providers was indicated. These include:
Goal 8.1.x. Consider seeking voter approval as early as November 2008, and no later than
November 2010, to fund needed park and open space acquisitions and improvements.
Goal 8.3.v. Financially assist, when able, youth sports leagues and other non-profit recreation
providers.
Staff has not made these changes to the document because it is required to hold the public
hearing on the proposal as recommended by the Planning Commission. However, if Council
wishes to formally direct that these changes be made the process is as follows:
1) The City Council must hold its public hearing on the recommendations made to it by the
Planning Commission;
2) Any changes that Council wishes to make to the proposal must be done in the public
hearing;
3) This is necessary in order for those that have interest in these matters to testify on the
record.
Councilor Buehner Written Comments
Subsequent to the City Council worksession, Councilor Buehner also submitted some written
comments to staff and they are as follows:
Environmental Quality
Goal 6.2.v. Develop a
management plan that will allow for dieir- the natural function of the. 100-year floodplain in
removing pollutants from the stream system.
Goal.6.2.vii. Research the feasibility of a grant program that would provide funds to
organizations to develop educational materials.
Councilor Buehner had a question about this Recommended Action Measure.
StafResponse: This was proposed as a means to educate the community on personal actions that individuals can
undertake to hep improve water quality in the Tualatin River basin. A few organisations currently produce
materials that are funded by grant monies and the City could hep to ensure this continues as a benefit to the
community through smallgrant disbursements.
Goal 6.2.viii. Research the need and feasibility of public restrooms to provide sanitary facilities
for the City's homeless population.
Councilor Buehner indicated that Councilor Sherwood has proposed a day center for the City's
homeless population.
Energy Conservation
Goal 13.3.1. Create a process that requires new development to consider topography,
vegetation, and solar access during the design phase.
Councilor Buehner had a question about the inclusion of solar access.
Staff response: The members of the Policy Interest Team wanted to include actions that could hep to decrease
demand on non-renewable resources and offset any potential future rate increase for electricity and natural gas.
The intent was to ensure developers at least consider solar access, which could possibly be very important at some
point in the future.
Goal 13.3.iii. Purchase a percentage of Green Energy for municipal operations and then
challenge the community to do the same.
Councilor Buehner asked about the cost of Green Energy and proposed to first educate the
community about Green Energy with the intent to start purchasing.
Staff response: The members of the Policy Interest Team felt the electric utilities provide good information about
available pro
grams. Their concern was that Tigard is not in PGE's list of the Top 10 Greenest Cities in Oregon
(ranked by percent of renewable energy customers) and felt this needs to be addressed. They used the Corvallis
model of leading by example and then challenging the community to reach a certain percentage. This has led to
Corvallis being recogni.Zed as the U.S. EPA s first west coast Green Power Community. The Policy Interest
Team feels such a distinction could be used as an economic development tool.
Parks, Recreation, Trails, and Open Space
Goal 8.1.i. Regularly update the Parks System Master Plan (every 5 +a $years) to ensure it
continues to address the changing needs of the City. Update sections of the document more
frequently with an amendment or other process to reflect the results of major policy or
planning initiatives.
Goal 8.1.x. Gansider seeking voter approval as eafly as November , and no latei. tha
-Navember- 2040, ia ftind needed par-it and open I IL . itions and h'rnpravetne
Goal 8.3.v. able, Finatteial~ assist, when providers.
Add a Recommended Action Measure under Goal 8.1 to read:
Develop an educational program for the public about the benefits of the removal and control
of invasive species on private property.
Again, it is important to remember that the Recommended Action Measures are simply
recommendations and do not commit the City to any action. They are a guide for future City
leaders to use in developing programs and projects. The Goals and Policies are the important
components of this Comprehensive Plan update as they commit the City to a future course of
action and need the Council's greatest scrutiny.
Summary of Planning Commission Changes at its Public Hearing
To help the Council in their decision-making process, following is an overview of the general
discussion by the Planning Commission on each chapter and the major principles included in
the recommended language:
Environmental Quality Chapter (Statewide Planning Goal 6).
The Planning Commission had no issues with the proposed language brought forward to the
public hearing and no changes were made. The major principles included in the goals,
policies, and action measures are:
■ Continue collaborating at a regional level to address air, water, and land quality;
■ Implement practices that reduce air and water pollution associated with municipal
operations, as well as reducing the amount of solid waste generated;
■ Promote land use patterns that reduce automobile trips;
■ Use the natural functions of the environment to help improve environmental quality;
■ Educate the public about individual actions that can help to improve environmental
quality;
■ Encourage the use of low impact development practices and green street concepts;
and
• Develop and maintain regulations, incentives and educational initiatives to improve
air, water, and land resource quality.
These principles set a policy direction for the City to move toward the community vision of
a future where the character and livability of Tigard is enhanced by the quality of the
surrounding environment. Furthermore, it is recognized that expected population growth in
the region will require further effort and innovation to protect environmental quality.
Enera Conservation Chapter (Statewide Planning Goal 13~
The Planning Commission had no issues with the proposed language brought forward to the
public hearing and no changes were made. The major principles included in the goals,
policies, and action measures are:
■ Reducing automobile trips;
■ The City taking a leadership role in energy matters;
■ Ensuring state energy efficiency standards are met; and
■ Educating and encouraging the public about actions that can support energy
conservation.
Implementing these principles will help to reach the community vision where access to
reliable energy supplies and their use do not degrade the environmental quality of the
community. The citizens recognize the importance of land use and transportation planning
on energy consumption.
Parks, Recreation, Trails, and Open Space Chapter (Statewide Planning Goal W
The key principles included in this chapter revolve around the community vision of a future
where a wide variety of recreational opportunities are available through a diverse system of
parks, trails, and open spaces. This system would be distributed throughout the community
and easily accessible from all neighborhoods. The citizens also realize the importance of
properly managing and maintaining the system.
The Planning Commission engaged in a long and thoughtful deliberation on a few policies
and recommended action measures that pertained to recreational programs and how to
possibly fund them. Staff requested that language relating to recreation programs and
development of facilities should be removed based on previous budget committee decisions.
Some members of the Parks Policy Interest Team disagreed. Their position is that
recreation is important to the community's quality of life.
The Planning Commission eventually reached a consensus to include language pertaining to
recreational programs and facilities in its recommendation to Council. In addition to
reinstating language proposed to be deleted, the Commission added additional statements
pertaining to recreation programs and facilities.
Regarding recreation program and facility funding matters, the following language changes
were recommended by the Commission:
Goal 8.1, Policy #13 shall be reinstated and read, "The City shall identify funding to
build recreation facilities and provide a full service recreation program."
Goal 8.1, Recommended Action Measure x shall be reinstated and read, "Consider
seeking voter approval, as early as November 2008 and no later than November 2010, to
fund needed park and open space acquisitions and improvements."
Goal 8.1, Recommended Action Measure xix shall be reinstated and read, "Consider
voter approval to fund needed recreation facilities and a recreation program."
Goal 8.3, Policy #1 shall be reinstated and read, "The City shall establish a recreation
program served by high quality community facilities."
Goal 8.3, Policy #2 shall be deleted.
Goal 8.3, Recommended Action Measure ii is now Recommended Action Measure i.
Goal 8.3, add Recommended Action Measure ii to read, "Identify potential partners
including school districts, special service districts, private providers, etc., for the
provision of recreational programs."
Goal 8.3, add Recommended Action Measure iii to read, "Work with the community to
assess appropriate elements for a recreation program."
Other changes to the Parks and Recreation Chapter include the following:
Goal 8.1, Recommended Action Measure xi shall delete "when feasible." It is
recommended to read, "Utilize alternative methods to acquire and develop open space,
parks, and trails, including local improvement districts, purchase of easements and
development rights, life estates, etc."
Goal 8.1, Recommended Action Measure xxiv, shall delete "When feasible and
appropriate." It is recommended to read, "Make parks, trails, and open spaces universally
accessible by as many people as possible."
Goal 8.1, Recommended Action Measure xxxii shall change the word "studies" to
"surveys".
Goal 8.1, Recommended Action Measure xxxiii shall read, "Remove and control invasive
species and noxious weeds in natural areas."
CITY OF TIGARD, OREGON ATTACHMENT 2
TIGARD CITY COUNCIL -
ORDINANCE NO. 07-
AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00001
TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES
PERTAINING TO STATEWIDE PLANNING GOALS 6: AIR, WATER, AND LAND
RESOURCE QUALITY, 8: RECREATIONAL NEEDS, AND 13: ENERGY CONSERVATION
WHEREAS, the Tigard City Council directed staff to complete a full update of the Tigard
Comprehensive Plan, including a process for garnering citizen input; and
WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were
utilized to develop draft language for the update of the Tigard Comprehensive Plan; and
WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan Chapters 3, 4,
and 9 by updating Goals, Policies, and Recommended Action Measures; and
WHEREAS, the Tigard Planning Commission held a public meeting on August 20, 2007, and
recommended approval of the proposed CPA 2007-00001 (with minor revisions) by motion and with
unanimous vote; and
WHEREAS, on October 23, 2007, the Tigard City Council held a public hearing to consider the
Commission's recommendation on CPA 2007-00001, hear public testimony, and apply applicable
decision-making criteria.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Comprehensive Plan is amended to include the text in "EXHIBIT A."
SECTION 2: The findings and conclusions contained in the Staff Report dated
August 13, 2007, the Planning Commission meeting minutes for August 20, 2007,
and memorandum to Council dated September 11, 2007, are adopted by reference
("EXHIBIT B", "EXHIBIT C", and "EXHIBIT D" respectively).
ORDINANCE No. 07-
Page 1
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by
number and title only, this day of )2007.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of )2007.
Craig Dirksen, Mayor
Approved as to form:
City Attorney
' rU
vc'
Date
b/I
s Co~~
ORDINANCE No. 07-
Page 2
Exhibit A
t
III
call
Environmental
k-~
`Managing the effects of human impacts on air,
water and land resources, including energy. "
:fir Resource Quality
\Vater Resource Quality
Land Resource Qualiti
i
Air Resources
nvirotir nental. Quality addresses the quality of air we breathe, water in
aquifers, wetlands, streams and lakes and the responsible management
and disposal of waste. Environmental quality is essential for a high
quality of life including a strong and sustainable economy. Therefore, Portland
metropolitan area governments and agencies, in cooperation with state and
federal governments, have developed systems to address urban developtnent's
impacts on air, water, and land resource quality. This includes measures to
prevent environmental degradation and the need for conservation. Statewide
Planning Goal C requires Oregon jurisdictions to adopt Comprehensive
Plans that provide goals and policies as the basis to manage the impact of
developments on air, water and land resources
® Air, Water and Land Resources Quality
"To maintain and improve the quality of the air, water and land resources of the state."
The community's vision is for a future where the character and livability of
Tigard is enhanced by the quality of the surrounding environment. 'The citizens
know the importance of participating in regional partnerships, of ensuring the
natural resource systems function to provide clean air and water, and of devel-
oping land use patterns and a multi-modal transportation system that reduces
the dependency on the automobile. Furthermore, it is recognized that expected
population growth in the region will require further effort and innovation to
protect environmental quality.
At the local level, Tigard can protect emIironmental quality by ensuring its
land use policies, codes, and standards are up-to-date with contemporary best
management practices; that it is compliant with state and federal ern-ironunerntal
laws and administrative rules; and that it leads by example in employing environ-
mentally sound and sustainable practices in its municipal operations. The City
also has an opportunity to educate its citizens on how changes in daily life can
improve environmental quality.
Section 1: Air Resources Quality
Clean air is essential for human vvel.l-being. Furthermore, if a region violates
federal and state clean air rules, there can be significant negative impacts on the
economy as a result of mandated actions to improve air quality. To ensure access
to clean air, the federal Clean Air Act was created as the primary regulatory
Comprehensive Plan Cite of Tigard 6_1
,/r f
ENVIRONMENTAL QUALITY
framework for national, state, and local efforts to protect air quality. Under the
Clean Air Act, the Environmental Protection Agency (EPA) is responsible for
setting standards, known as National Ambient Air Quality Standards (NAAQS),
for pollutants considered harmfizl. to people and the environment. A.ir quality
planning is focused on meeting the NAAQS and setting deadlines for meeting
these standards.
The Oregon Department of Environmental Quality (DEQ) is responsible
for protecting Oregon's air quality by issuing permits, developing programs,
and monitoring air pollution to ensure commurnties meet the NAAQS and to
protect Oregon's pristine views. Air pollutants identified in the 2005 DEQ.Air
QaaliJ, R:porl as the greatest concern in Oregon are:
Ground-level ozone, commonly, known as smog;
• line particulate matter (nxostly from wood smoke, other combustion
sources, cars and dust);
■ Hazardous air pollutants (also called Air Toxics); and
• Carbon monoxide (mostly from motor vehicles).
R As air quality does not know poli.tica] boundaries,
, regional efforts were established to monitor. and
A
ent
plan for pollutants. The City of Tigard is part
quality is of the Portland Area Airshed (PAA), which is
defined by the Metro service boundary. The DEQ
essenti
is responsible for ensuring the PAA meets the
quality high national standards and developing the necessary
Y Of plans to continue compliance. Currently; the PAA
including life meets all N AQS standards (three-year averages
are used to determine attainment/non-attainment
a strong ° of the standards: eight-hour ozone, particulate
matter, and carbon monoxide). However, DEQ
sustainable
is required to develop maintenance plans for
economy. carbon monoxide and ozone to ensure continued
compliance.
At the local level, the City can have a positive
i.nzpact on air quality. Land use, transportation, and public facility planrvng can
promote land development patterns and transportation svstens that reduce
dependence on the automobile. The city can coordinate with the Oregon
6-2 Cite of 'figard Comprehensive Plan
Air Resources
Department of I?nvironmen.tal. Quality to ensure that industries requiring
DE Q pert-nits comply with state and federal, regulations. Also, the city can
protect existing natural areas and mature trees and promote and participate in
tree planting efforts. Vegetation has the natural ability to convert and sequester
carbon dioxide and produce oxygen. Trees and shrubs can also serve to screen
and buffer dissin-idar land uses a.n.d lessen noise pollution. The City can also
ensure its codes and regulations prevent and mitigate other negative air quality
impacts associated vnth urban development such as visible emissions, odors,
glare and heat.
KEY FINDINGS
■ \Within urban areas, air quality is often mucla worse along major
roadways.
■ DLQ has issued six active Air Contaminant Discharge Permits (ACDP)
within the City to regulate minor sources of contaminant enssions.
■ Motor vehicles are now the primary source of air pollution in Oregon
and, due to population increases, the number of miles driven daily by
Tigard residents has increased 67°46 since 1990.
• The primary, sources of household pollutants in. Tigard Include wood
burning fireplaces, and lawn and garden equipment.
■ ]'he Oregon ].legislature adopted a number of specific measures to
address air quality .in the region.
• The citizens of Tigard value trees and natural resources and feel that
protecting these resources will benefit the commuruiM
GOAL
6.1 Reduce air pollution and improve air quality in the cormtmunity and region.
POLICIES
1.' The City shall ensure that all development complies with or exceeds
regional, state, and federal standards for air qualim
2. The City shall support re gional and state plans and programs to attain
regional, state, and federal standards for air quality.
3. The City shall promote land use patterns which reduce dependency
on the automobile, are compatible with existing neighborhoods, and
increase opportunities for walling, bilging, and/or public transit.
Comprehensive Plan I City of Tigard 6-3
ENVIRONMENTAL QUALITY
4. The City shall continue to investigate and implement practices that
reduce air pollution associated with municipal operations.
5. The City shall cooperate with other public agencies to minimize localized
transportation impacts to air quality through intersection improvements,
access management, intelligent transportation systems, etc.
6. The City shall. encourage the maintenance and improvement of open
spaces, natural resources, and the City's tree canopy to sustain their
positive contribution to air quality.
7. The Cite shall improve the Environmental Performance Standards to
minmuze impacts from noise and light pollution.
The City shall encourage citizens to modify their household actions,
through education and incentives, to reduce emissions. This may include
alternatives for heating, lawn and garden equipment, and transportation.
RECOMMENDED ACTION MEASURES
i. Perform a land use analysis to identify residential zones that could
potentially acconumodate infixed use or neighborhood commercial
development.
ii. Adopt and implement development regulations that include provisions
or incentives for alternative transportation use, particularly in Metro
designated corridors and centers.
iii. Perform a sidewalk invento1v that results u1 a city-vide GIS layer to be
used for gap analysis and the creation of a sidewalk improvement plan.
iv: \f'ork with "TriMet to identit~r underserved neighborhoods and find the
funding to add service in these areas.
v. Pursue funding for transportation related projects that would reduce
congestion by improving flow, but not by increasing capacity.
vi. Expand the Free Street Tree Program by actively engaging
neighborhoods and creating a pool of community volunteers to help
with the plantings.
vii. Place educational materials in the schools, Tigard Public Library, and
City Hall that demonstrate actions individuals can implement to help
improve air quality in the community.
viii. Research "dark skies" regulations from other municipalities and develop
standards for Tigard.
it. Research the feasibility of a buyback program for older wood burning
stoves.
x. Research the feasibility of baiuning gas-powered leaf blowers and a
buyback program for petroleum powered lawn equipment.
xi. Develop an ongoing cornn-uttee to evaluate a. Tigard public
6-4 city of 'Tigard I Comprehensive Plan
Water Resources
transportation system that would connect underserved neighborhoods
with 'I'riMet routes.
Section 2: Water Resources Quality
The quality of the water in our aquifers, streams, rivers, lakes, and wetlands
is important to the health and welfare of the
community-, as well as the fish and wildlife that
rely on clean water for habitat. To limit harmful Land use
impacts from human activities on water quality,
the Clean \Vater Act (C\V was enacted. It regu- regulations
later the discharge of pollutants into waterways
so belp
through National Pollutant Discharge Elimination ° °
System (NPDES) permits. In the State of reduce water
Oregon, the Department of Environmental
Quality- (DEQ) has been charged with estab-j pollution
lishing standards, regulating, and monitoring
Oregon's waters for compliance with the CVVA / reducing
and NPDES.
impervious
Large mu.nicipalid.es typically have NPDES surfa ces, and
permits for their wastewater treatment facilities
and for stormwater runoff, called a Municipal requiring
Separate Storm Sewer System (MS4) permit. In
urban \ashington County, which includes the o water
City of "Tigard, the pernvts have been combined retention and
and are held by Clean Water Services (CWS).
The combined permit was issued for the entire treatment
"Tualatin River watershed to guide abasin-wide
effort to improve water quality. it requires CWS o
to submit a Stormwater Management Plan and
a \Vastewater Management Plan to DEQ. These
two plans outline the best management practices that CWS, its member cities,
and Washington County commit to employ to reduce pollutant discharges,
re=gulate temperature, and comply with any Total Masinnum Daily Load (FIVIDI )
levels that have been established.
The City of Tigard is a co-implementer of the perniits and associated plans
Comprehensive Plan Cir? of Tigard 6_5
ENVIRONMENTAL QUALITY
through an Intergovernmental Agreement JGA) with CWS. The IGA outlines
the functions the City must perform that are critical to the operation, mainte-
nance, and management of stormwater and wastewater facilities and to ensure
compliance with the CWVA.
Separate from the NPDES permit process, Clean Water Services has developed
a Surface Water Management Program to inanage non-point source pollution
impacts on water qual.im The Healtly Streatns Plan, a public education program,
and watershed restoration projects are among the several activities undertaken
to improve the water quality of streams and wetlands within the Tualatin River
basin.
The City also has an important role in improving water quality. For example, it
has cominitted staff and resources to implement the Healthy Sireairns Plan. This
involves ongoing efforts to restore stream health and associated riparian areas,
educating the public about how individual actions can improve water quality,
and coordinating policies and actions with other jurisdictions and agencies.
These actions help maintain compliance with Metro's Urban Gronili Managaement
Functional Plan Tille 13 and implement the Nature in NeigGliorhooc 1'rogoram.
Tigard also seeks to improve water quality by adopting land use policies and
regulations to prevent erosion and protect floodplains and other sensitive lands
including tree groves, wetlands, and stream corridors. Land use regulations can
also help reduce water pollution by reducing impervious surfaces, and requiring
storm water retention and treatment on-site. In addition, the City can provide
education about how low-impact development and green building techniques
can conserve water and protect water qual]M Furthermore the city maintains a
sewer extension program to connect properties to the city sewer system that rely
on septic tanks and drain fields.
KEY FINDINGS
• \Vater quality in the Tualatin River basin has been generally improving
since the 1970s, despite continued urbanization in the watershed.
• In 2006, Oregon DEQ characterized both FanncCreek and the Tualatin
River as having "poor" water quality within the City of Tigard. However,
this is an improvement from the "very poor" ranking received in 1995.
• Non-point sources are the largest contributors to water pollution in both
Oregon and the Tualatin River basin.
■ Within Tigard, run-off from impervious surfaces, pet waste, and
6-6 City- of Tigard Comprehensive Plan
k ~
Water Resources '
erosion/ s edimentati on are the most problematic non-point sources of
pollution.
■ To enhance water quality, the City has an active program of tree planting,
water quality facility construction (vegetated swales and retention basins),
and stream corridor and wetland enhancements.
■ The citizens of Tigard are concerned about the impact of growth on the
community's natural resources.
GOAL
St~
6.2 Ensure land use activities protect and
enhance the community"-, water yualit-y.
POLICIES
`r
1. The Cit shall ensure that all. development complies with or exceeds regional, state,#
and federal standards-for water quality. ~2. The City shall continue cooperation with
federal, state, and regional agencies in the
management of Tigard.'s water resources
and the implementation of plans and
o ,
programs.
3. The City shall encourage the use of low impact development practices that
reduce stormwater impacts from new and ° n
L
existing development.
4. The City shall protect, restore, and
enhance, to the extent practical, the
natural functions of stream corridors, trees, and water resources for their
positive contribution to wager quality.
5. The City shall implement measures to minimize erosion and storm run-
off from development sites during and after construction.
6. The City shall continue to collaborate on educating the public of
techniques and practices private individuals can employ to help correct
water quality issues.
7. The City shall investigate and use, to the extent practical, green street
concepts and other measures that. linvt the community's effective
impervious area.
Comprehensive Plan City of Tigard 6-7
ENVIRONMENTAL QUALITY
8. The City shall lead by example and develop green concepts for
stormwate.r management at City facilities.
9. The City shall encourage the Oregon Departtnetit of Transportation and
Washington County to improve the quality of stormwater- .ruts-off from
their facilities.
10. The City shall continue to facilitate the extension of the. City's
wastewater system to neighborhoods without service within the Tigard
Urban Service Area, provided:
A. Properties benefiting from the extension pay their fair share of
the cost; and
B. Annexation occurs prior to any property receiving service.
RECOMMENDED ACTION MEASURES
i. Research and implement incentives that encourage development to
minimize impervious surface coverage.
ii. Continue to implement the CWS Healthy Streams Plan.
iii. N\'ork with the Tree Board to develop an urban tree management and
-preservation program that increases the canopy cover .in Tigard.
iv. Continue to inventory outfalls from non-treated stormwater systems and
identify alternatives for improving the water quality released from them.
v Purchase properties located within the 100-gear floodplain and develop
a management plan that will allow for their natural function .in removing
pollutants from the stream system.
vi. Develop baseline measures of effectiveness to ensure erosion control
measures are working during the construction phase.
vii. Research the feasibility of a grant program that would provide funds to
orgatuzations to develop educational programs.
viii. Research the need and feasibility- of public restrooms to provide sanitary
facilities for the Ciq's homeless population.
ix. Install signnage and doggie pooper bags to encourage the clean up of dog
waste in public parks.
x. Evaluate the City's street cleaning practices to ensure they are
performing up to their intended results.
xi. Research the feasibility of a commercial parking lot cleaning program
and incentives for new development and retrofits to use green concepts
during parking lot construction.
aii.. Educate the public about effects of flushing pharmaceuticals and
develop a program to collect and properly dispose of them so they do
not reach and contaminate our streams.
6-8 City of Tigard Comprehensive Plan
r~ }
Land Resources
Section 3: Land Resources Quality
Modern life inevitably leads to the production of waste. From the point in titne
when cities are first developed, and continuing throughout their occupancy,
by-products of human activity must be collected and properly disposed of to
protect the health of both people and the natural environment. To accotn-
plish this, the state of Oregon and Metro has partnered to create laws, rules,
and programs to direct reduction and efficient removal of waste. The Oregon
Department of Environmental Quality (DEC) is responsible for ensuring
compliance \vith state rules and statutes. DEQ is also responsible for preparing
the Oregon State Inkgrated Resource and Solid Va le Management Plcur.
Within the Portland Metropolitan Region, Metro has die responsibility for
oversight and management of solid waste collection and disposal. This includes
the responsibility to prepare and update the Regional Solid IVa.+le MaINgement Nall.
The regional plan establishes the framework for coordinating most solid waste
collection and disposal programs, directing waste reduction and recovery efforts,
idenri ying roles and responsibilities, and fulfilling DEQ's requirement that the
region have an overall waste reduction plan. The Regional Plan is also respon-
sible for recommending ways to address the solid waste management impacts of
future population and employment growth.
Tigard participates in Metros plan update process and implements the plan
through the Washington County Cooperative, which includes a number of cities
in NX%ashington County. This regional collaboration is important to reducing the
amount of waste generated and entering landfills.
At the local level, the City is responsible for regulating and managing solid waste
and recycling collection services v6diin the city limits, and reviewing collec-
tion rates and service standards. Garbage and recycling collection services are
provided by private haulers who operate within established franchise bound-
aries. The City enters into franchise agreements with the private haulers for the
removal of solid waste generated from residential, commercial, and industrial
customers.
Comprehensive Plan I Croy of Tigard 6-9
j
ENVIRONMENTAL QUALITY
KEY FINDINGS
■ Per capita generation of solid waste has increased annually by 3?°10 over
the last ten years in the Portland metropolitan region.
■ The region had a 59°•`o waste reduction rate in 2005 and has set a target
of 64% by 2009.
■ Tigard's residential recycling rate was 53.5°'o in 2005, while the
commercial recycling rate was 22.
■ Regionwide, there are significant opportunities for waste reduction
improvements in the construction and business sectors.
■ Oregon DEQ regulates hazardous waste collection, disposal, and
cleanup programs. DEQ also provides education and technical programs
to reduce risks associated with hazardous wastes.
■ Metro maintains its own household hazardous waste recovery program
in cooperation with DEQ.
■ The citizens of Tigard are concerned about population increases and the
unpact upon the community.
GOAL.
6.3 Reduce the amount of solid waste entering landfills.
POLICIES
1. The City shall continue collaborating with federal, state, and regional
agencies in the development and implementation of solid waste
management plans and programs.
The City shall regulate and manage solid waste and recycling collection
services through franchise agreements that:
A. Ensure recycling opportunities are accessible to all households,
businesses, and institutions;
B. Implement waste reduction measures through prevention and
recovery efforts;
C. Remain cost effective and environmentally sensitive; and
D. Comply with applicable plans, policies, and laws.
3. The City shall collaborate with the appropriate agencies to ensure proper
permitting, collection, disposal, and cleanup of hazardous wastes.
6-10 City of Tigard Comprehensive Plan
Land Resources
4. The City, shall use public education to promote:
A. Opportunities for recycling, composting, and reuse;
B. Reduction of household hazardous waste and its proper
disposal; and
C. Reduction of solid waste generated from construction and
business activities.
5. The City shall reduce the amount of solid waste associated with
municipal operations.
RECOMMENDED ACTION MEASURES
i. Find long-term partners and plan a yearly E-Waste Collection Event
similar to the one in September 2006.
E. Start a composting program (including education) for City employees
including the purchasing of compostable plates, utensils, and cups.
iii. Research commercial and construction recycling programs that could be
irnplemented in "Tigard. ,
iv Develop and maintain a GIS database of DEQ hazardous waste permit
sites and hazardous cleanup sites.
N, Work. with franchise haulers to adjust yard debris pick-up schedules to
correspond with the demand during different seasons.
vi. Research the possibility of expanding the nLunber of items that can be
recycled curbside.
vii. Work with local businesses to act as collection points for household
hazardous waste. For example, home centers would collect fluorescent
light bulbs wliile paint stores would collect old, unused paint.
viii. Support the creation of an Office of Sustainability in W"ashington Count)-.
Comprehensive Plan City of Tigard 6-11
)
t1
)
)
T yfS~V
~ yV
_ Deleted Language
Ehh~b~t 00001
Pale 6-1
CPA2007-
Enotvnental Query
nent with the standard by 1-9~.
The draft SIP also tattaffiment in 1982 for CC) (near 14ighwfty WX9. Pie final.
1982. Whik the ftreft ift Tigard near Highway 99W is st& a problem, modeling predieted tha
the area wiH be in attftinment. (Rev. Ord. 84 24)
POTom=
4 1 1 THE GR V SHALL
a. MAINT-AP4 AND 1NIPRONTE THE QUALITY OF TIGARD'S AIR
QUALITY AND GOORDI-NATE WITH OTHER jURISDIGTIONS AND
AGENCIES TO REDT GE-A-Ti-DR POL T TTIGNS WITHIN TuL
b. WHERE APPIAGABLE, REQUIRE A STATEMENT FROM THE
IYS`fi'COT2`C'IATE 11GT1•V'lTHAT A T T A PPIAG BLE STANDARDS r A N
BE Tom, = IO TO THE APPROVAL OF A LAND USE PROPOSAL.
n
QUAhR:Y ELEMENTS OF OREGON T=()GAJ=
GOMPREWENSTAE LAND USE PLANS" TO LAND USE DEGISIONS
!MPLEMENTATION STRATEGIES
deseribed ift the State Implementation Plan (SIP).
2. The City shaI4 eo 'lize expertise avai4able at the Department of Environmental
Quality, Metro, and other relevant eoordinate effortg aimed at redtteing-Iftff
deseribed in the DRQ Handbook for 11
Exhibit A - Deleted Language
Page 6_13 _
Environmental Quality CPA2007-00001
Gamptehengive Land Use Plans" when planning any development aetivities hwifig the
4. The City shall make evefy e&rt to des'. 1 streets wad roadways ftnd to estAksh
to engure thftt land useq and ae6vities in Tigard eomply with Federal and State air ttafitF
standardg.
(Rev. Ord. 02 15)
4.2 VMTEA QUALITY
Findingg
water,
t
Glean Water Servieeg (GWS) is the lead ftgeftey for water qttftlity mattagetnent widtift
Washington Gotifity.
: '
Niftflual'
(Rev. Ord. 02-4-5}
Es
Exhibit A - Deleted Language
Page 6-14
Environmental Quality CPA2007-00001
4.2.4 ALT= T1L'A1IrENT WITHIN TH TIG A RD URB ATL T PL St'TPS*' I TPG ARF-.1~ AT
CLT A T T !`llNIP V WITH APP IG A B L' FRIDE A T) STATE AND DL'/ IO-? TJ
TISl
-0N SNATER 7
4.7 THE !'`RAz SHALL KEGGGNIZE AND ASSUME ITS RESPONSIBILITY FG
OPERATING, P TATATENG7 AND D1JG TT A TP4G WAS EIA A TED CVCTEmS AS
GGNIPGNENT-. (Rev. Grd. 02 15)
IMPLEMENTATION STRATEGIES
4. in or-der to irnprove the water quality and quantity in the Tigard Area, the Gity shau eaftsid-er
developing reptlations in the Tigard Gorntnunity Development Gode or in grams
t0l
b. improve the ffianagement of iiidttstrW and eammereial operations to red
e. Replate site planfimifig for fiew development and eongo-ruetion through the Tigard
CF.
staffn 7
d. itterease 9torage and retention of startn runoff to lower and delay peak storm 7
e. Redttee street related water quality and qttantity piobleins-, and
2. The Gity shaH not pertnit industrial or other uses witieh -violate State of Oregon water quality
diseharge standards.
3. The Gity shaH eeoperate with the Metro and other app eies to establish praetiees
4. The City shaH reqttire that new developments obtain a Stormwater Gaftneetieft perfilif from
Glean Water Sefviees and be eanneeted to the Gity'q or the Clean Water Serviees sa
sewerage systems.
4.3 NOISE POLLUTION
Findings
Exhibit A - Deleted Language
Pape 6-15 _
Environmental Quality CPA2007-00001
telated to varioug health problems.
Mater vehiele "ftffite noise is the majoi eafttvibtttar to the ftrnbient ftaise level ift Tigard,
Noise levels for- ah-nest aH residefitift! distriets in T4gar-d appear- to be widiin fteeeptable levels.
The highest neige le-eels ftppeft- to be fatind ftlang Paeifie Highwfty (WX~, Main Street, 1 ,
Effeetive eantrol of the undegirable effeets of Itighway generated noise levels requires a d-rree
design,
and 3) land use eaft"als. The first two eotnponentg are etti-rently being addtessed by private
industry ftnd by federftl, state and regional ageneies. The third area is essentiigy ft laeft.1
go-vernment
nl-,T-~III'CT
4.31 THE GTTY Cu A T T .
ft. REQUIRE DEVELOPMENT PROPOSALS LOGATED 11-4 A NOISE
CONGESTED A zrrREA O A USE WHICH G E ATEC NOISE TAT EXGECC
- VV-1
^E THE A PPLIGABI:;E STANB A D 98 TO INGOD PO ATE THE
FOLLOWING 1NT-0 THE SITE PLAN!
1 RI TTT iITA' GENIENT GN HE ESITE 1N AN AREA IVLiE
THE NOISE I EN7E1 C WILL HAVE A NIININ A I 1NIP A GT 0
2. 6kNE)SC=APP4G AND OTHER T-EGHNIQUES TO LESSEN NOISE
1N4PAGTOLVELS !`ONIP A TTRT E WITH THE SURROUNDING
60jD USES.-
b. GOORDINATE WITH IDEQ 1N ITS NOISE REGULATION PRE)GRAM
AND APPLY THE BEQ LAND USE GGNfPAT-IBIf=Iq::Y PRE)GRANI.
PROPOSAL) THAT ALL APPIAGABLE; STANDARDS GAN BE
1NI PT EME'ATTATION CTD ATEGIEC
4. The Tigard Garnrntittity Be-eeloptnent Code shftH ensure that future t"ttaise Sensitive"
dev;eloprnents are designed ftnd loeftted go fts to fftit~2e the intrusion of noise front matar
Exhibit A - Deleted Language
Page 6-16 _ _ _
Environmental Quality CPA2007-00001
3. The Gity shaR seek ft responge aftd,/or ftsgistanee from th6 Department of Environmental
prevent degradation of previougly quiet environrnent~~.
4.4 LAND RESOURCES
cgs
Solid waste disposal is a regional eaneein re C~ C~ . lal golutions.
disposal in the metropolitaft area.
Although N481D has the ftuthority aver soliel waste site 6eatieft, loeal governments wiH be
"^T~Es
4.4.' THE GTTY SHALL MAINTAIN A~ADIMPROVE, 1F POSSIBLE, THE G TD D E~
QUALITY OF TIGARD'S LAND RESOURGE&
TV
4.4.2 THE r`TTY SHALL ENIZE NISE)!SR~BSPGNSIBILRAZ AND AUTHOR!
TO PREPARE AND TN IPT EM NTT A 9014D WASTE MANAGEMENT PLAN.
TA RPT EN IE14T A TIONT CTD A TEG IR
.
ft. Depth to water t*bk-,
D. SoIfeondi QoLSS
Exhibit A - Deleted Language
Page 6-17
Environmental Quality - CPA2007-00001
l
s ' 2 1 'p~1~ t '
1 /
y Consu,2,rvafion
me-hrgry `Land and uses developed on the land shall be
managed and controlled so as to maximize the
conservation of all forms of energy, based upon
sound economic principles. "
0 u.r way of life is powered by energy. From the construction process
to home heating to getting around the community, affordable and
reliable energy sources are counted upon to sustain our needs. Energy
also drives the economy, and has a sigivficant impact on the environment. These
roles are important to consider when planning for future sources, distribution,
conservation efforts, land use, transportation, arid development patterns. The
City's commitment to manage land use to conserve energy is based on Oregon
Statewide Planning Goal 13.
W
"Land and uses developed on the land shall be managed and controlled so as to maximize
the conservation of all forms of energy, based on sound economic principles."
Tigard residents envision a future where access to reliable energy supplies and
their use do not degrade the environmental quality of the community. They
recognize the importance of renewable energy resources for the economy, the
value in conservation efforts, and the significance of land use and transportation
planning on energy consumption. Public transportation and a well-connected
bicycle and pedestrian network. are services greatly supported by the community.
The communityalso recognizes that the City can employ new techniques and
technologies in municipal operations, as well as encouraging citizens to take a
personal interest in energy consumption and conservation.
The City of Tigard currently has no energy resources and no future plans to
develop any generation or supply facilities. The Oregon Department of Energy
(DOE) has taken the statewide lead by planning to ensure an adequate, afford-
able, and clean energy supply is available for Oregonians. The DOE produces
the Oregon .Energy flan on a biennial basis. It assesses energy demand and supply
in the state, identifies issues affecting energy, and presents an action plan to meet
the goals of the plan.
Energy conditions and future issues identified by the 2005-2007 Oregon Energy
Plan include:
■ Unstable energy pricing and supply will continue to affect communities
as it slid in 2002 when Oregonians spent 50'!" more per unit of energy
to heat their homes than in 1998.
■ World oil production may peak in the next decade and begin a .long-
term decline. Coupled with a growth in wo ldwi.de demand, peak. oil will
maintain or increase already high oil. prices.
Comprehensive Plan City of 'fipard 13-1
ENERGY CONSERVATION
■ Natural gas supplies lion] North America are declining, while prices
have doubled in the past five years. \Vorldwide con]petition for the gas
i.s also expected to increase.
To address these issues, the Ojegoon Enemy Plan recommends conservation efforts
for households, businesses, industry, and transportation, as well. as developing
clean and renewable energy= resources. These
efforts can provide insulation from, and reduce
the community's vulnerabilit}- to, volatile pricing
x and supplies. They are also consistent with
f
statewide planning Goal 13 for maximizing the
F ' ~ Xk 4
conservation of all forms of energy. Building
efficiency standards, the Leadership in Energy
and Environmental Design (LEED) rating
system, and wcatl]erization programs are options
.n
for promoting energy conservation in build-
ings. Metro's Regional Tran.ipmlation Plan (R.TP) is
required to address energy conservation, effi-
ciency, and alternative transportation options
under state and federal law Options include
t driving less, buying fl]el-efficient vehicles, or using
alternative fuels.
~ 3 a K.
Tigard has the ability to affect energy conserva-
tion efforts through developing efficient land use
and transportation plans that reduce :automobile
F # trips. This includes pron]oting compact mixed use
.
v' t e con]munities, and transit use and development.
S 3'; 3 JTi s.'S:; . r by The City can lead. by example in utilizing alterna-
f ;ter tive energies and becoming more energy efficient
in municipal operations. Tigard can also challenge
xesldentS to reach ever g r
CO11SeYvahon goals set
by the communing. }
KEY FINDINGS
■ Transportation is the largest use of energy in the state at 38%. A.
considerable reduction in energy use can be made with individuals altering
their habits related to the use of n]otor vehicles.
■ The City= has no energy generation or supply facilities and therefore the
13-2 Cin- of 'Tigard Comprehensive Plan
community's energy supply and pricing is controlled by forces beyond its
direct influence.
■ A number of alternative fuel options exist for motor vehicles, but supplies
and availability are limited.
• Large energy uses which the City has control over include street lighting,
water transfer pumps, heating and cooling of municipal buildings, and the
motor vehicle pool.
■ Solar-generated power and wood heating are the two most common options
available to the convrnuiity for producing their own energy. Food heating
can be problematic to air quality due to the release of fine particulate matter.
■ \Veatherization, energy efficient building materials and appliances, and
alternative energy sources can all reduce energy consumption in buildings.
■ The citizens of Tigard value pedestrian and bicycle paths in the community
and support the development of a xvell connected network.
■ The citizens of Tigard value access to bus service in the community.
■ The following land use planning strategies can result in a more energy-
efficient conununity:
• Establishing mixed-usc zones to encourage working, living, and
shopping in the same neighborhood
• Providing opportunities for increased density along public transit
lines
■ Developing a public transit system that is reliable, connected, and
efficient.
■ Building a bicycle and pedestrian network that is connected, safe,
and accessible
• Connecting streets for efficiency and reducing congestion
■ Re-use of vacant and underutilized land.
GOAL
13.1 Reduce energy constnnption.
POLICIES
1. The City shall promote the reduction of energy consumption
associated with vehicle miles traveled through:
A. Land use patterns that reduce dependency on the automobile-,
B. Public transit that is reliable, connected, and efficient; and
C. Bicycle and pedestrian infrastructure that is safe and well connected.
Comprehensive Plan City- of Tigard 13-3
ENERGY CONSERVATION
2. The City shall implement regional and state regulations- plans, and
programs that promote energy conservation.
3. The. City shall require future development to consider topography,
vegetation, and solar access during the design phase to reduce demands
for. artificial heating, cooling, and lighting.
=4. The City shall implement and enforce state energy efficiency standards
during the building permit review process.
5. The City shall take a leadership role in local energy matters by:
A. Designing and developing public facilities, wherever possible, that
take advantage of alternative energy sources and conserve energy in
operations,
B. Conducting energy audits on existing
City facilities and implementing cost-
effective recommendations as soon as
possible; ;
C. Investigating and participating in
when feasible, green energy programs,
which use renewable energy resources;
and
D. Continuing to investigate new f:
technologies that can reduce municipal
energy consumption.
6. The City shall support energy, r
conservation by:
A. Encouraging designs that incorporate
Leadership in Energy and
Environmental Design (LEED) standards or achieve a minimum
certification;
B. Educating the public about personal actions that can be taken to
improve energy efficiency and reduce energy consumption;
C. Directing the private sector to the variety of available incentives
programs; and
D. Providing flexibility- in the land use process to take advantage of
scalar radiation.
RECOMMENDED ACTION MEASURES
L Create a process that requires nexv development to consider
topography, vegetation, and solar access during the design phase.
13-4 City of Tigard ( Comprehensive Plan
ii. Develop target decreases for energy consumption associated with
municipal operations.
iii. Purchase a percentage of Green Energy for municipal operations
and then challenge the coimmututy to do the same.
iv. Research and implement incentives and development codes that
would encourage energy efficiency in new developments,
v Survev the community about energy consumption and identify top
concerns that could he addressed through conservation incentives.
Comprehensive Plan City of Tigard 13-5
9. ENER4~~Y
Energy Ganse if-es laealities to maftftge and eantral land uses Rnd
the-leeal-eeettety
iftitial ettei-gy qattree that the eatntnwtity should explore. They do so bftsed aft the &et thft
detrimental and most influeneed by laeal paher.
Additional in~rmatian an th~s topie is available in the "Comprehensive Plan Repore
Energy."
Fiiidiflgs
eamprise the other half of energy ea
The Gity of Tigard hfts no developed eft
development of renewftble energy regoureeg would have a benefieial itnpaet an bet
Exhibit A - Deleted Language
Page 13-6
Energy Conservation CPA2007-00001
Tigard residenees.
0
in the Pardftfid Area.
pc)hiGiris
91 1 THE CITY SHALL EATGO TRAG A REBUGTIO-N 1N ENERGY
!`lIATCI TRTTY7 ION RV IATGc1✓ASED OPPORTUNITIES FOR ENER
GO-NSEDATATION AND THE PRODUCTION OF ENERGY FROM
ALTERNATIVE Cl URGEC
7 1 2 THE!'`RALCLTA T T ESTAB TSH A RAT AjGE; l ART~~E T4Tr
TD A ATCPORT A'TIGN SYSTEM WHIGH COMPLEMENTS THE T A ATTI
USE PLAN AND TC IIECIGNETI TO MINIMIZE ENERGY 1N4PAGT8.'
94.3 THE GITV SHALL ENCOURAGE LAND J USE IIEATET OPMENT AVTLTT(~H
EMPHASIZES Cl1T TT~TTI ENED!'`V !`ONSEUAT A TION TIECIGA4 A ATI'l
f`ONST-D I CTT0IAT
1NIPLENIENT-ATION STRATEGIES
e.g., > > ete.
effieient, units.
.
4. The Gity > in the T-igftrd Commuttity Development > ftflaw far mare fieNibility
6. 4~he City sh'A eeaperate with both ptiblie ftnd private ftgeneieq that make ttse of
> eftrpooling, ride
•
Exhibit A - Deleted Language
Page 13-7
Energy Conservation CPA2007-00001
,
d. Water. qttality degradmian of. s4nihti, problems.
3. The Gity shag engure that fitt-dre land u -ith sigetifieant waste and p
Quality or any other interested S.tate ot, Federal ageney whett r posed land
" Exhibit A - Deleted Language
Page 13-8
Energy Conservation CPA2007-00001
r s a n .
:t, Tt Ir r, Y .
+ i
;ys f"
7-1
PRecreation, Trails
and Open Space
"To satisfy the recreational needs of the citizens
of the state and visitors and, where appropriate,
to provide for the siting of recreational facilities,
including destination resorts.
"
Access to parks, recreation, trails, and open space enhances the .livability
of a community and contributes to the well-being of its residents. These
amenities provide a variety of opportunities for residents and visitors
to enjoy both active and passive activities, while also helping to preserve open
space, wildlife habitat, and natural resources. Parks may also serve as informal
meeting places to draw people together and create a sense of place. These public
lands and facilities are highly appreciated by Tigard's residents and the City, is
committed to their adequate provision. Statewide Planning Goal 8 requires
Oregon jurisdictions to plan for recreational needs and tlis becomes especially
important as the City begins to approach full development.
"To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of recreational facilities, including destination
resorts."
The conununity envisions a future where a wide variety of recreational oppor-
tunities is available through a diverse system of parks, trails, and open spaces.
This system would be distributed throughout the conunututy and easily acces-
sible from all. neighborhoods. It includes not only developed parks, but open
spaces to protect natural resources that the community holds in high regard. The
citizens also know that simply planning for and providing the opportunities is not
enough, but funding must be secure to properly manage and maintain the system.
The Tigard park system currently includes 1.69 acres of City, parkland and 182
acres of greenway and other preservation-oriented sites. These figures equate to
3.7 acres of developed area and 4.0 acres of natural area per thousand residents.
Most of this park and greenway land is located within the floodplain. In addition
to parks and open spaces, Tigard has developed a successful trail program,
consisting of 9 miles of completed trails. These trails provide both recreation
opportunities and transportation links throughout the community. A major
source. of parkland acquisition and development funds has come from the park
System Development Charge (SDC) on new development, first imposed in 1977.
The City does not sponsor a recreation program and is not served by a special
park and recreation district. The 7',ai-d Park, .Syslem.MarlerPlan covers the city
proper and the unincorporated Urban Services Area. Subsequent to the master
plan's adoption in '1999, the City added 19.3 acres of parkland and 24.1 acres of
greenway. Because of population increases during the same period, the City's
existing level of service through 2006 held steady at 7.7 acres of public parks
and open space per thousand population.
Comprehensive Plan City of Tigard 8-1
PARKS, RECREATION, TRAILS AND OPEN SPACE
KEY FINDINGS
■ The system of adding parks and related land and facilities in the City has
kept up with growth in the seven years since the Park System Master Plan's
adoption in 1999 (7.7 acres/1000 residents), but has not aclveved the Plan's
aspirational standard.
■ Many areas of the City- are park deficient.
■ The land supply available for parks and open space is becoming smaller and
more expensive.
■ Given the level of development in Tigard, sufficient land for neighborhood
parks is unavailable to meet the needs of underserved residential and non-
residential areas.
■ Many rion-City-owned lands and facilities serve the park and leisure needs
of Tigard residents.
■ The City lacks a trail master plan to guide the development of the trail
system and facilitate progress toward its completion.
■ The City has regulation,, in place that effectively provide for block links
and pedestrian connections in new neighborhoods. However, there
are significant gaps in the off-street pedestrian system within older
neighborhoods.
■ Citizen groups have identified a trail route within Northeast "Tigard that
includes on and off street segments to connect \kath the City of Portland-
adopted SW Communities trail network. Citizens have proposed that this
route be considered for adoption into the Tigard trail plan.
■ The trail officially identified by Tigard as the "Powerline Trail" is a segment
of a larger inter-jurisdictional trail formally identified as the "`1'estside Trail"
in the Metro Regional Trails Map.
■ The City does not operate a recreation program and is not served by a
special park and recreation district. Consequently, Tigard residents have
limited opportunities to participate in recreation programs.
■ Overall, City parklands are well maintained. Maintenance problems identified
in the '1999 Tigard Park System Master Plan have been, or are being,
addressed.
■ The new Park SDC methodology sets a per-project percentage limit on the
use of SDC funds. Some 63% of the cost of park improvements is assi-aped
to non-SDC funding sources. At this time, the City does not have a stable
source of revenue that can be used as the companion funding source for
capital projects.
■ Many of the projects identified in the Parks SDC parks capacity program are
8-2 City of Tigard Comprehensive Plan
located in the Bull Mountain Urban Services.urea and not within the City
li Ini ts.
■ Tigard does not have a parks foundation. Such foundations provide local
governments with important additional programs to finance park and open
space projects.
■ The City has been proactive in working with the Tigard Vater- District for
the use of reservoir properties for open
space. Partnership plans with the school
district for the renovation and joint use of In addition to
school play=grounds to meet neighborhood
parks and II'
park needs have not been developed.
■ Volunteers annually contribute thousands spaces, • ard
of hours to Tigard's park system and are
a non-monetary, funding source for park bas developed
maintenance and improvements.
a successful
■ In recent years, the. City has developed
and employed innovative methods to trail program,
create more active park acreage to serve
community needs. This has included consisting
making use of a state infrastructure
loan program to expand Cook Park and / • miles /
making certain types of industrially zoned completed 14
properties available for park uses. 11
■ The citizens of Tigard value pedestrian trails. 'I
and bicycle paths in the community
and support the development of a well
connected network.
■ The citizens of Tigard value access to neighborhood parks and open space
wiithin a half mile of their homes.
■ The citizens of Tigard are concerned about the impact of growth on the
community's natural resources.
■ The citizen's of Tigard are concerned about the lack of a public recreation
program and the lack of an adequate number of parks in the community.
GOAL
8.1 Provide a wide variety of high quality park and open spaces for all
residents, including both:
A. Developed areas with facilities for active recreation; and
Comprehensive Plan City of Tigard 8-3
PARKS) RECREATION) TRAILS AND OPEN SPACE
B. Undeveloped areas for nature-oriented recreation and the
protection and enhancement of valuable natural resources within
the parks and open space system.
POLICIES
1. Tigard shall acquire, develop, and maintain a diverse system of parks,
trails, open space, and recreational facilities that are safe, functional, and
accessible to all of its population.
2. The City shall acquire and, where appropriate, improve natural areas
located within a half mile of every Tigard residernt'to provide passive
recreational opportunities.
3. The City shall seek to achieve or exceed the ideal park service level
standard of 11.0 acres of parkland per thousand population.
4. The City shall develop neighborhood parks [or neighborhood park.
facilities within other parks, such as a linear park] located within a half
mile of every resident to provide access to active and passive recreation
opportunities for residents of all. ages.
5. T'he City shall develop other parks, including linear parks, special. use
facilities, urban plazas, skate parks, and pet areas, consistent with the
descriptions and standards contained in the park system master plan.
6. The City shall acquire and manage some open spaces to solely provide
protection of natural. resources and other open spaces to additionally
provide nature-oriented outdoor recreation and trail-related activities.
7. The City, shall ensure public safety is a major consideration in the
planning, design, and management of parks, open spaces and trails.
8. The City shall enforce park rules, especially against loitering, harassment,
and camping, and work to identi67 long term solutions to these three on-
going park use problems.
9. The City shall integrate green concepts into park and open space design,
maintenance, and operations.
10. In addition to standing committees, such as the Park and Recreation
Advisory Board and the Tree Board, the City shall involve its residents
and businesses as active participants and partners in all aspects of
pro-riding park and recreational services, including park system master
planning and City comprehensive planning efforts.
11. The CLOT shall ensure that the community at large is adequately informed
of recreation opportunities and programs; issues affecting park, open
space, and recreation services; and volunteer opportunities.
8-4 City of 'figard Comprehensive Plan
12. The City shall., either directly or in coordination with other stakeholders
and agencies, seek opportunities to acquire public open space.
13. T'he City shall build and maintain partnerships with other governmental
and private agencies and organizations to optinuze funding and facility
resources and improve park and recreational opportunities.
14. When considering acquisition of new parkland and open space, the
City shall identify funding for requured maintenance and public safety
activities.
15. The City shall require all development to
pay a parks system development charge or The
to dedicate land in lieu of a park system
development charge. shall work
16. The City shall ensure that any land
dedicated to the City in lieu of a parks with all
system development charge meets elements
the needs, goals, and objectives in the.
Comprehensive Plan per comprehensive Of the
plan policy (#23) gol-erning land
donations. community
17. -]"he City shall continue to encourage and
to provide
recognize the unportant role of volunteers
and cc»nmuttity groups in meeting City and manage
park, trail, open space, and recreation
needs and in building stewardship and i fully -4
promoting community pride.
18. The City shall maintain and manage its functional
parks and open space resources in ways "urban
that preserve, protect, and restore '1 igard's
natural resources, including rare or state
33 rest. 4
and federally listed species, and provide
nature in the city opportunities.
19. The City shall provide funcling for a high level of park, open space, and
recreational facility, maintenance.
20. The City shall work with all elements of the community to provide and
manage a fully functional urban forest.
21.. The City shall seek the assistance of volunteer groups and other
community partners to help in maintaining parks, trails, and open space.
22. The City shall continue to improve access to neighborhood parks and
other facilities according to the City's tlmericans vtith Disabilities Act Plan.
Comprehensive Plan I City of 'Tigard 8.5
PARKS RECREATION, TRAILS AND OPEN SPACE
23. Acceptance of any land donated for park purposes shall be based upon
its usefulness and adaptability to the Park System A-faster Plan. The
following shall be taken into consideration when making a decision
regarding the acceptance of a proposed property donation:
A. The property's location within the City's proposed greenway
system;
B. Its location bordering an existing park or greenway;
C. The degree to which the property meets the "site selection
criteria" for the facility type correspondilig to its intended use as
listed iri the Park System Master Plan;
D. The occurrence within the property of unique or sigiuficant
natural or cultural resources;
E. The condition of the property and the City's liability for any
potential problems or maintenance needs associated with its
condition;
R If landlocked, or enclosed within non-city owned land, the right
of entry= or public passage through the non-city owned land; and
G. The existing owner's awareness and acknowledgement that the
control over public access passes to the City and its officers with
the donation.
24. City-owned property may be used for private wetlands mitigation. The.
City will consider proposals for such mitigation on a case by case basis,
subject to the following (A-D are contained in Resolution 96-=12):
A. It can be demonstrated that there is benefit to the City and the
general public;
B. The mitigation must provide a documented physical
enhancement of existing wetland;
C. The City should be compensated for the use of the area either
through rent, lump sum payment, benefit to the City, or as
agreed to by the City Council;
D. T he wetland ntigation should demonstrate no additional cost
to the City for maintenance or other factors, unless acceptable to
the City Council; and
E. Should the City consent to the private use of City-owned property,
the applicant shall obtain a City Sensitive land permit and all other
necessary permits and approvals for the proposed work. The
required joint state/federal wetlands application shall explicitly
state that the City is not a party to the permit and enforcement of
the permit will be directed solely against the developer.
25. Public notice (in the form of on-site signage, a City webpage posting,
8-6 City of Tigard Comprehensive Plan
and mailings to every party) requesting such notice) shall be provided
in the case of any proposed City sponsored wetland mitigation on City
owned property where no sensitive lands permit is required.
RECOMMENDED ACTION MEASURES
i. Regtilarly update the Parks System Master Plan (every 5 to 10
years) to ensure it continues to address the changing needs of
the City. Update sections of the document more frequently
with an amendment or other process to reflect the results of
major policy or planning initiatives.
ii. Develop master plans for each park that: identifv the locations
and types of development that will occur in the park., preserve
natural areas, and ensure development that promotes safe and
aesthetically pleasing environments.
iii. Consider and .respond to Tigard's social and demographic
characteristics, including its cultural diversity, when planning for
and investing in park improvements.
iva Consider the development of a partnership plan with the school
district for the renovation and joint use of school grounds in
park deficient areas to meet neighborhood park needs.
v. Coordinate with and support Metro, Oregon State Parks, the
National Park Service and other agencies and that provide parks,
open spaces, and recreational activities in or near Tigard.
vi. Promote a safe environment in the City's parks and open spaces
through on-going contact and coordination with public safety
officials.
Vii. Consider the development of a marketing and communication
plan to inform the public about the value of parks and the
recreational services they provide.
viii. Develop and distribute maps and brochures to educate users
about the park and open space system and promote appropriate
Use.
ix. Revise and update the Park System Development Charge (SDC)
Methodology to reflect current land and development costs and
to consider:
A. T'he development of a dependable, long term funding source
or sources that can be used to provide the overall project
costs assigned to non-SDC funding sources in the SDC
Comprehensive Plan I City of Tigard g_']
PARKS) RECREATION, TRAILS AND OPEN SPACE
study-'s capital improvement program;
B. Adjustments to the extraterritorial (Urban Growth Area)
improvement projects identified ill the SDC capital
improvement program; and
C. Adjustments to the SDC fee structure that reflects realistic
non-SDC revenue expectations.
X. Consider seeking voter approval as early as November 2008, and
no later than November 2010, to fund needed park and open
space acquisitions and improvements.
Xi. Utilize alternative methods to acquire and develop open space,
parks, and trails, including local 'vnprovement districts, purchase
of easements and development rights, life estates, etc.
xii. Work to increase grants and donations from new sources for
operating and capital funding.
xiii. Consider the establishment of a parks foundation to assist with
fund raising, and acquisition, and special projects.
xiv. Explore additional ways to acknowledge and recognize sponsors
and donors.
,<v. Continue to use park reservation fee schedules that provide cost
recovery balanced against needed services. Provide services to
City residents at lower costs than to non-residents.
xvi. Continue efforts to involve the public in the allocation of and
.request for funds.
xvii. Identify funding for required maintenance and management
activities when considering acquisition of new parkland and
open space.
xti.iii. Where applicable, take into consideration the costs of pubic
safety services when considering acquisition of new parkland
and open space.
xis. Make parks, trails, and open spaces universally accessible by as
mane people as possible.
sx. Provide public access to public open space in ways that protect
and preserve sensitive natural resources.
xxi. Continue to seek the assistance of volunteer groups to help in
developing and maintaining parks, trails, and open spaces.
xxi.i. Create volunteer oppo.rtutii.ties and support those who want to
participate in making ideas, projects, and events happen in their
neighborhood parks.
xxiii. Develop and apply administrative policies and procedures for use
8-8 City- of 'Tigard Comprehensive Plan
of volunteer resources.
xxiv Continue to develop and implement specific management plans
and maintenance programs for the high level maintenance of all
of the City's park and open space lands.
XXV. Seek opportunities to introduce more environmentally-friendly,
science-based practices, including .measures to increase re-
use and recycling programs, on-site filtration, integrated pest
management, and other best management practices.
xxvi. Develop and implement an urban forestry program to improve
the condition of Tigard's urban forest through effective
management decisions.
xxvii. Include natural resources surveys and moivtoring in the City's
management of public open spaces and related natural resources.
xxviii. Remove and control invasive species and noxious Nveeds in
natural areas-.
xxix. Inform the public about maintenance and management
requirements fc:>r the City's various types of parks, recreation
facilities, trails, and open spaces, as for example by posting
maintenance plans on the City webpage.
GOAL
3.2 Create a City-\),nde network of interconnected on- and off-road
pedestrian and bicycle trails.
POLICIES
1. The City* shall create an interconnected regional and local system of on-
and off-road trails and paths that link together neighborhoods, parks, open
spaces, major urban activity centers, and regional recreational opportunities.
2. The City shall design and build greenway trails and paths to minimize
their impact on the enviroiurnent, including on rare and state and
federally listed species.
RECOMMENDED ACTION MEASURES
i. Complete a trail system master plan to guide the development of
the trail system and facilitate progress toward its completion.
Co reprehensive Plan Cityof Tigard 8_9
PARKS, RECREATION, TRAILS AND OPEN SPACE
ii. Complete a Citywide inventory and prioritization of
opportunities for short pathway connections that increase bicycle
and pedestrian connectivity and complement the greenwav and
on-street bicycle/pedestrian systems.
iii. Develop trail standards for the many trail systems, sizes, and
materials needed in different settings.
iv Add to the park system master plan map:
a. The Tigard portions of two "regionally significant" trails (the
Westside Trail (formerly, the Powerline Trail) and the. Washington
Square Loop Trail); and
b. The on- and off-street route identified by the citizen groups that
connects the Washington Square Loop Trail with the Portland
Urban Trail Number 5, which ends at SW Dickinson and SSW
6Jth.
V Coordinate trail development and maintenance activities with
natural resource management objectives and activities.
vi. Where appropriate, furnish trails with amenities, such as
interpretive and directional signage, benches, drinking fountains,
parking and staging areas, and other services.
vii. Use automated systems to systematically map and docurnent trail
easements, right-of-way dedications, proposed alignments, and
current trail locations.
GOAL
8.3 Develop full-service recreational facilities and establish a comprehensive
recreation program, providing a wide range of recreational, cultural, and
educational activities.
POLICIES
1. The City shall establish a recreation program served by high quality
commututy facilities.
2. The City shall identify= funding to build recreational facilities and provide
a full service recreational program
RECOMMENDED ACTION MEASURES
i. Develop an information program to raise the public's a-,vareness of the
8-10 City of 'figard Comprehensive Plan
importance of recreational. facilities and programs to public -'vell-being
and community livability.
ii. ldentifY potential partners, including school districts, special service
districts, private providers, etc., for the provision of recreation programs.
iii. Work.lvith the community to assess appropriate elements for a
recreation program.
iv. Consider voter approval to fund needed recreation facilities and a
recreation program.
v Financially assist, when able, youth sports leagues and other non-profit
recreation providers
Comprehensive. Plan City of "Tigard 8-11
3 .5 PARKS, RECREATION AND OPEN CD A G
Findings
many of T-igftfd'S parks.
efts.
residentg. The qystern needs to i-eeagtti2e the relationship betweeft urban useq and the
ttftedral ehameter of the land and drft'
> sehools, piftygratinds, >
residential areas.
faeAities to retain and improve hivabihty of the eo
desireg of the residents to be senved.
7~nrrvLicTi~
3.5.1 THE GITV cMe.,T~L 7r A~7T OU eGE ~re ENTERPRISE AND
7iNTiTE.RGOVEPUNiY'tL'T'd tYi1,AGREEMENTS A"n1^~PUr!ZrC. i vWIirvZ-LP-PC ncvVIE .
N 1:7 A Ar Tl
'rn C~v,, FAG111 -TEES, AND
FOR OPEN EN NSP ~~~''Rt'', EGn7EIr
PRESERVE TTl7 m, SGE.7z- EPC -zr ?r 4D HISTOCIG ARE TO 1N A
MANNER GOAT ISTENT WITH THE AVAILABILITY vzOF RESOT RGES
~ci-vv-vicci:o .
3.5 .2 THE GITV SHALL OORD TL' WITH TIDE SGI400 DIST- IGTC TO
I11; A TCI OP REGR A TION A r F A GI ITIE-S
Exhibit A - Deleted Language
Page 8-12
Parks, Recreation, Trails, and Open Space CPA2007-00001
3~.3-T-14E CITY u e S DESIGNATED THE 400 YEAR FLOODPLAIN OF
GREENWAY, HIGH WILL BE THE BACKBONE-OTHE OPEN
CD~SYSTEM. INI E EII T e ND G BEVEL r117T, ENT ARE
ALLOWED WITHIN OR AE~AGENT TO THE 400 *EAR
)
7~ T T1-7Y7D
OF -YICAi 0- OF S TLFICIrrTa'i OPEN LANDAREA v=c
3.5 .4 TuE GITV SHALL PROVIDE AN iNTERGO- NECT-ETD DETIECTD I e i /
BITIEP e TH THROUGHOUT THE GITV
(Rev. Ord. 98 49-, Ord. 87 66-, Ord. 84 36)
1NIPLEMENT-ATIGN STRATEGIES
developments to set aside, dedieate land, or pay a fee in liett of land aside based on
standardg, and the standards 9hall provide for!
spaee; and
development form hazard areas.
-2. The Gity 9614 Per-mitlandwhieh is set aside widtin developments to f-effiftift'
ownershtip provided!
I
b. They do not interfere with the eantinuity of or fteeesq to adjaeent greenwa
lam
)
e. Easements transferv;ftg development rights are dedieated to the ptiblie.
3. The Tigard Gen:ffnuftity Development Gode 9614 in~eate fle~dble design
reservation.
4. The City shafl designate fiatural paA areas widtifl ft Tigaf-d Master Parks Plan. Th
areas wiH have uf~ique physieal or aesthetie featttres and do nat have to be developed
Exhibit A - Deleted Language
Page 8-13
Parks, Recreation, Trails, and Open Space CPA2007-00001
rravnzrc-rv ,
parks by estAkshing ft 9ftfe ftnd weI4 marked tffti4 system whieh wiH Ase eaftneef with
signifieant regional trail qy9tem9.
aneedg of the iaeal residents,
permit lift6ges between open spftees, residential ftr- a iftfids ftttd eenterg E)
9. N4ft9tet plftns f;Dr efteh pftrk 9614 be developed. 4hese plang 9614 identify ffteilities fo-r
t-raffie and other negative aspeets of titban life.
adjaeent to the Greenway to eaftstmet their portion of the biltepath system.
14. To ttugment the geenie benefit of the greettwfty, the Gity 964 establish the majef
3.6 PARK STANDARDS
Findings
Gurrendy, there ftre 428.90 ftereg of Gity park land in Tigard, 113.98 fteres of dedieftte
.
Althaegh Seheeldft Pftrk hfts fiat beeft aeeepted by the Park Board, the land Wftq
dedieftfed to the Gky for pfti-k per-pages,
Exhibit A - Deleted Language
Page 8-14
Parks, Recreation, Trails, and Open Space - - CPA2007-00001
maintefiftnee is paid far thf-e"gh the Gity!s general fund.
nOT~-vIGI
3.6 .1 INDIVIDUAL PARK SIT-Es' AS T,rFIP Ti B~E PARKS A P TT C)PEN
al
S ~"T~ aAG STANDARDS AND CLASSIFICATION SYSTEM SHA1,6-M
n~oT~ Ji i r~-s A r TITATr, Ir TLTt ~I-1T T 11At ITAT!` TTT) TnT) TTTT
a. FIAGILITIES WITHIN A PARK WILL BE
THE NEEDS AND DESIRES OF THE PARK SYSTEP-1
DEVELOPMENT CHARGE v
(d RICT I RESIDENTS AND
TuCHARACTERISTICS ()I- Tug' SITE PARK AND,/QR
D~EGREAiION7~ 4EC-ILI421E TX T IR -AEST DE ~~zr~ T AND
LEAST SUPPLY T OULD REGERIE G THE TT T TT
DB),1r 'TlITTAAE?,TT TIT) Tf-ND TTT1-0
- . ~~va it
-BENERT T-G THE GREATEST NUMBER GF T~
V a~Z~
RESIDENTS. FG)R THIS REASON, AG~UISITION AND
L'I-VIsI OP-IbY fsNT LJ COMMUNITY EL PARKS SHOULD T
TC~
GIVEN THE HIGHEST T]D T(111 T
TiTi7-1TS~'I'I'TDTTI'1T~.77'cYT•i-
A . TUT _PMENT OF ADDITIONAL NEIGHBORHOOD PARKS
WTT T HAVE A LOWER 71 7 D TT[7 FOR FUN
TI~T~Tr~.o AT Tn D
ARE ~7 7-~-~rrr(~1rcr~PUBLIC ~7~Z
ENCOURAGED ^~'T-7V-~~TP1RO3,,14Dr-R~ Y T~rL~7E ~~'I~Tfh.TT7,DCr~ T[I~ LAE
SECT-1 OR TLTTT\Ta-ni LA1'rT^T~17. D IkiT?Tt1T-t7~~~'O EI PYIA
T
r1Yt'7
MAINTAR~E-P BY 'i 110T,iEC)V\ IA E C A CSOGI A T 49 Tn
PRIORITY T TT TT TT
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Exhibit A - Deleted Language
Page 8-15
Parks, Recreation, Trails, and Open Space CPA2007-00001
T)T TD T)/1C C CLI A T T R~ R e C'CTl 7 TT~lIAT TTC T TCT-1T.7 TT ATL.'C'AND
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IMPLEMENTATION STRATEGIES
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Exhibit A - Deleted Language
Page 8-16
Parks, Recreation, Trails, and Open Space CPA2007-00001
IQQI
Glossary
DEFINITIONS
100-year Floodplain - An area of land adjacent to a river, stream, lake, estuary, or other water body that
FEMA identifies as having a 1% chance of being inundated by flood waters in any year.
Clean Water Services (CWS) - A public utility committed to protecting water resources in the Tualatin
River Watershed through innovative wastewater and stormwater services, flood management projects, water
quality and stream enhancement projects, fish habitat protection, and more.
Community Recreation Facilities - The wide variety of indoor and outdoor sports and leisure facilities
owned by and operated to promote the health and well-being of the public. Some are used primarily for
active recreation, others designated for passive uses, with some overlap among or within individual facilities.
Community Parks (Greater than 15 acres) - Provide a variety of active and passive recreational oppor-
tunities for all age groups. These parks are generally larger in size and serve a wider base of residents than
neighborhood parks. Community parks often include developed facilities for organized group activity as
well as facilities for individual and family activities. In addition to those amenities provided at neighbor-
hood parks, community parks may include sports facilities for team play, group picnic areas, skateboard and
rollerblade facilities, natural areas, botanical gardens, amphitheaters, festival space, swimming pools, interpre-
tive facilities, and community centers. Higher quality children's play areas may be provided to create a family
play destination.
Downtown Tigard - The area of the City that is included within the Urban Renewal District.
Effective Impervious Area - Impervious area such as rooftops, streets, sidewalks, and parking areas do not
allow water to drain into the soil. Impervious area that collects and drains the water directly to a stream or
wetland system via pipes or sheet flow is considered "effective impervious area", because it effectively drains
the landscape. Impervious area that drains to landscaping, swales, parks and other pervious areas is consid-
ered "ineffective" because the water is allowed to infiltrate through the soil and into ground water, without a
direct connection to the stream or wetland.
Environmental Performance Standards - Located in the Tigard Community Development Code Chapter
18.725, their purpose is to apply the federal and state environmental laws, rules, and regulations to develop-
ment within the City of Tigard.
Federal Emergency Management Agency (FEMA) - The federal agency responsible for administering
the National Flood Insurance Program
Fine Particulate Matter - Air pollution comprised of solid particles or liquid droplets that are less than 10
Comprehensive Plan City of Tigard G4
IQQI
COMPREHENSIVE PLAN
microns in diameter or less than 2.5 microns in diameter. Particles in these size ranges are of great concern
because they can be inhaled deeply into the lungs where they can remain for years.
Franchise Agreements - The right to provide service granted to a person pursuant to the Tigard
Municipal Code, including the establishment of rates by the City.
Full Service Recreation Facilities - Recreation facilities that provide a diverse, as opposed to a limited,
array of recreation choices. Together, these facilities allow for a wide spectrum of recreational programs
and activities that meet the recreational and leisure needs of community residents.
GOAL
Green Concepts and Practices - Refers to measures to increase re-use and recycling programs, on-site
filtration, integrated pest management, the utilizing of new technologies for conservation and energy effi-
ciency, and other best management and operation practices.
Greenspace/Greenways (Size should be adequate to protect the resource) - An area of natural quality
that protects valuable natural resources and provides wildlife habitat. It also provides opportunities for
nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities.
Development features that support outdoor recreation and trail-oriented recreation, such as trails, picnic
areas, benches, interpretive signs, and native landscaping, may be provided. Trail amenities, such as small
scale parking, portable restrooms, bike racks, and trash enclosures, may be included.
Hazardous Waste - A solid waste (solid waste includes solids, liquids and compressed gases) that possesses
at least one of four characteristics (ignitibility, corrosivity, reactivity, or toxicity), or that appears on federal or
state official lists of hazardous wastes. A solid waste is a hazardous waste if is:
• Defined by Title 40 of the Code of Federal Regulations (CFR), Part 261 as a hazardous waste; or
• A "state-only" waste defined as hazardous in the State of Oregon. Oregon includes six categories
of waste in OAR 340-101-0033.
Healthy Streams Plan - Approved by CWS in June 2005, the goal of the plan is to utilize scientific knowl-
edge and innovation to improve watershed and stream health for community benefit.
Household Hazardous Waste - Any discarded, useless, or unwanted chemical materials or products that
are or may be hazardous or toxic to the public or the environment and are commonly used in or around
households. Residential waste that is ignitable, corrosive, reactive, or toxic. Examples include solvents, pesti-
cides, cleaners, and paints.
Impervious Surface - A solid surface, such as streets, parking lots, and roofs that prevents rain from being
G-2 City of Tigard Comprehensive Plan
IQQI
Glossary
absorbed into the soil thereby increasing the amount of water runoff that typically reaches a receiving
stream.
Intelligent Transportation Systems - A broad range of diverse technologies which, when applied to our
current transportation system, can help improve safety, reduce congestion, enhance mobility, minimize envi-
ronmental impacts, save energy, and promote economic productivity.
Intergovernmental Agreement (IGA) - The most common method, usually in the form of a signed legal
contract, for neighboring jurisdictions to cooperate on providing services or implementing programs
Invasive Species - Plants, animals, and microbes not native to a region, which when introduced either
accidentally or intentionally, out-compete native species for available resources, reproduce prolifically, and
dominate regions and ecosystems. Because they often arrive in new areas unaccompanied by their native
predators, they can be difficult to control. Left unchecked, many have the potential to transform entire
ecosystems, as native species and those that depend on them for food, shelter, and habitat disappear.
Leadership in Energy and Environmental Design (LEED) - A nationally accepted benchmark for the
design, construction, and operation of high performance green buildings. LEED gives building owners and
operators the tools they need to have an immediate and measurable impact on their buildings' performance.
LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas
of human and environmental health: sustainable site development, water savings, energy efficiency, materials
selection, and indoor environmental quality.
Linear Parks (Of adequate size to protect natural resources and accommodate intended uses) - May
be developed along built or natural corridors to provide opportunities for trail-oriented outdoor recreation.
Linear parks may also provide some active and passive recreation facilities to meet neighborhood needs,
especially in areas not adequately served by traditional neighborhood parks. Linear parks connect residences
to major community destinations. Linear parks can include paved or soft-surface trails to accommodate
jogging, biking, walking, skateboarding, dog walking, horseback riding, canoeing or rollerblading. Active
and passive recreation facilities may include small-scale sports facilities, such as basketball hoops, public art,
picnic tables, lighting, community gardens, and landscaping.
Low Impact Development (LID) Practices - An approach to land development that uses various land
use planning and design practices and technologies to simultaneously conserve and protect natural resource
systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner
that helps mitigate potential environmental impacts.
Metro - The regional government of the Portland metropolitan area. The elected Metro Council is the
policy setting body of the regional government.
Comprehensive Plan City of Tigard G-3
COMPREHENSIVE PLAN
Mixed Use Zoning - An area of land within the Tigard city limits designated for buildings or structures
with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufac-
turing, retail, public or entertainment, in a compact urban form.
Municipal Separate Storm Sewer System (MS4) Permit - Required by Section 208 of the Clean Water
Act and held by Clean Water Services, the permit requires the implementation of stormwater pollution
prevention plans or stormwater management programs (both using best management practices) that effec-
tively reduce or prevent the discharge of pollutants into receiving waters.
National Ambient Air Quality Standards - Established by the United States Environmental Protection
Agency, the standards are designed to regulate air pollutants that are harmful to people and the environ-
ment. Primary standards are set at levels meant to protect human health, including sensitive populations
such as children, the elderly, and individuals suffering from respiratory disease. Secondary standards are
designed to protect public welfare (e.g. building facades, visibility, crops, and domestic animals).
National Pollution Discharge Elimination System (NPDES) Permit - Held by Clean Water Services,
the permit is required by the Clean `'Dater Act, which prohibits anybody from discharging "pollutants"
through a "point source" into a "water of the United States" unless they have an NPDES permit. The
permit contains limits on what can be discharged, monitoring and reporting requirements, and other provi-
sions to ensure that the discharge does not hurt water quality or people's health. In essence, the permit
translates general requirements of the Clean Water Act into specific provisions tailored to the operations of
each person discharging pollutants.
Natural Area - A term used interchangeably with greenspace.
Nature in Neighborhoods Program - A Metro region conservation initiative that brings people and
government together to ensure a healthy urban ecosystem. The initiative will align the region's conserva-
tion programs behind a strategic effort to protect clean water and healthy natural areas for fish, wildlife and
people. It will add more hands-on capacity for conservation education and habitat restoration.
Neighborhood Parks (4 to 14 acres) - The foundation of the parks and recreation system, they provide
accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood
recreation needs, school sites may serve as neighborhood parks. Neighborhood Parks should include both
passive and active recreation opportunities, such as children's play areas, informal sports areas, picnic facili-
ties, public art, open turf areas, landscaping, community gardens, and pathways. Security lighting may be
provided if needed.
Open Space - A term used interchangeably with greenspace.
G-4 City of Tigard Comprehensive Plan
IQQI
Glossary
Park Services - A generic term used to refer to parks, recreation, trails, and open spaces collectively.
Parks System Development Charges - Charges assessed to new developments for the acquisition and
development of parks, open spaces, and paved trails. They are assessed based on the cost of providing
these services to new City patrons.
Peak Oil - The point in time when the world's endowment of oil has been 50 percent depleted. Once the
peak is passed, oil production will begin to decline as costs begin rise.
Pocket Parks (2,500 square feet to 2 acres) - Provide recreation opportunities for residents in areas not
adequately served by neighborhood parks, such as town centers or areas of high density development.
Pocket parks may include passive or low intensity activities, such as children's play areas, pathways, multi-use
paved areas, public art, small scale sports facilities, seating, picnic areas, community gardens, multi-purpose
performance space, and landscaping.
POLICY
Recommended ActionRenewable Energy - Energy sources that are replenished by natural processes on
a sufficiently rapid time-scale. They can be used by humans more or less indefinitely, provided the quantity
taken per unit of time is not too great.
Rent - Payment over time for the use of City property for private wetlands mitigation. The term is used in
the 1996 COT resolution (Res 96-42) pertaining to such use.
Riparian Corridor - See Stream Corridor
Sensitive Lands - As defined in Chapter 18.775.010.G of the City of Tigard Community Development Code.
Solar Access - Ability of sunlight to reach a solar collector unimpeded by trees, fences, buildings, or other
obstruction.
Solid Waste Collection and Disposal - Act of ensuring that any material no longer usable by the gener-
ator, producer, or the source of the material is properly disposed of or resource-recovered by another
person.
Special Use Area (variable depending on desired size) - Public recreation lands that are specialized
or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation
centers, and a wide range of other activities and facilities. City facilities that fall into this classification
include Potso Dog Park and the proposed Jim Griffith Memorial Skate Park. Special use area is often a
catch-all category to place park facilities that do not meet any other definition.
Comprehensive Plan City of Tigard G-5
IQQI
COMPREHENSIVE PLAN
Stormwater - Precipitation that accumulates in natural and/or constructed storage and conveyance systems
during and immediately following a storm event.
Stream Corridor - Area adjacent to a perennial or intermittent creek or river that protects the water quality
functions of the stream.
Sustainability - Using, developing and protecting resources at a rate and in a manner that enables people to
meet their current needs and also provides that future generations can meet their own needs. Sustainability
requires simultaneously meeting environmental, economic and community needs.
Total Maximum Daily Load (TMDL) - Calculation of the maximum amount of a pollutant that a water-
body can receive and still meet water quality standards, and an allocation of that amount to the pollutant's
sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and
nonpoint sources. The calculation must include a margin of safety to ensure that the waterbody can be used
for the purposes the State has designated. The calculation must also account for seasonal variation in water
quality.
Trails and Connectors - Public access routes for commuting and trail-oriented recreational activities
including sidewalks, bikeways, multi-use trails, and paths. Width of the trail and right-of-way depends on
its intended use and location. A variety of pathway types are needed to accommodate activities such as
walking, running, biking, dog walking, rollerblading, skateboarding, and horseback riding. Trails can be
located within parks, within linear parks and greenways, or be designed as a part of the citywide transporta=
don system. Waterways can provide trail-like facilities for boating and canoeing. Each type of trail should
be designed to safely accommodate users, and meet recognized design standards.
Urban Forest - Broadly defined as all the trees within the City collectively.
Wastewater System - An underground carriage system responsible for transporting sewage from houses,
businesses, and industry to a treatment facility. In the City of Tigard, they are operated separately and inde-
pendently of the stormwater system. Sanitary lines generally consist of laterals (services to a particular unit),
mains, and manholes (or other various forces of traps).
G-G City of Tigard Comprehensive Plan
Exhibit B
Agenda Item:
Hearing Date: August 20, 2007 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS,
POLICIES, AND RECOMMENDED ACTION MEASURES
PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR, WATER,
AND LAND RESOURCES QUALITY, GOAL 8: RECREATIONAL
NEEDS, AND GOAL 13: ENERGY CONSERVATION
FILE NO.: Comprehensive Plan Amendment (CPA) CPA2007-00001
PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend
the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4:
Air, Land, and Water Resources Quality; and 9: Energy by updating the Goals,
Policies, and Recommended Action Measures to reflect current community
conditions and values.
APPLICANT: City of Tigard OWNER: N/A
13125 SW Hall Boulevard
Tigard, OR 97223
LOCATION: Citywide
ZONING
DESIGNATION: All City zoning districts
COMP PLAN: All City comprehensive plan designations
APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.380 and 18.390;
Comprehensive Plan Topics 1, 2, 3, 4, 8, and 9; Metro Functional Plan
Title 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 8, 11, 12, and 13.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission finds this request to meet the necessary approval
criteria. Therefore, staff recommends APPROVAL to the Tigard City Council to amend the Tigard
Comprehensive Plan to replace Topics 4 and 9 and Sections 3.5 and 3.6 of Topic 3 as determined
through the public hearing process.
STAFF RBPORT I'O THE PLANNING COMMISSION
CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 8, AND 13 PAGF- 1 Or 22
SECTION III. BACKGROUND INFORMATION
Project History
The Tigard Comprehensive Plan is the primary document that guides land use decisions within the
community. It outlines goals, policies, and recommended action measures that are intended to
reflect the community's values and aspirations for a broad range of matters relating to land use
planning and growth management. It also aims to organize and coordinate the relationships
between people, land, resources, and facilities to meet the current and future needs of Tigard.
The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon
Statewide Planning Goals. Land development and related activities, including the City's
development codes, also must be consistent with adopted Comprehensive Plan goals and policies.
It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive
Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,300 today. Jobs and
business activity have grown just as fast. Although minor updates have taken place over the years,
the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this
reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains
a viable tool for decision-makers and citizens to use when seeking policy direction regarding land
use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the
Comprehensive Plan.
The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base
to inform the update. The result was the Tigard 2007 resource document completed in February
2007. Key findings from Tigard 2007, combined with community issues and values, form the basis
for Plan goals, policies, and recommended action measures. Community issues and values were
identified through the community's visioning process and a number of surveys completed over the
last several years.
The second step involved community volunteers and stakeholders coming together to develop
draft goals, policies, and recommended action measures. These Policy Interest Teams have been
meeting over the past several months to discuss Comprehensive Plan topics in which they share an
interest. City Department Review Teams then review and provide comment on the work of the
policy interest teams. These final draft goals, policies, and recommended action measures are then
forwarded to the Planning Commission to begin the legislative process.
The final step is the legislative process. Since each of the Policy Interest Teams are moving at their
own pace, Staff will be bringing a series of Comprehensive Plan Amendments (CPA) through the
legislative process over the next several months. Each CPA will correspond to a Statewide
Planning Goal that is applicable to Tigard. The CPA will strike the appropriate language from the
existing plan and replace the language with an updated chapter that addresses that particular
Statewide Planning Goal.
The first three chapters to begin the legislative process are Environmental Quality (Goal 6), Parks,
Recreation, Trails, and Open Space (Goal 8), and Energy Conservation (Goal 13). The Planning
Commission held a workshop on July 16 to discuss the draft goals, policies, and recommended
action measures that were formulated based on the input from the policy interest and department
review teams. At the Planning Commission workshop, the following changes were requested (also
found in Exhibit A with deleted text as strikeouts and added text bold and underlined):
STAFF REPORT TO "I'H PLANNING COMMISSION
CPA 2007-00001 SI'ATE''WIDI_. PLANNING GOtM.S 6, 8, AND 13 PAGE 2 01 722
Environmental Quality Section 1: Air Resources Quality
Interest in exploring a City public transit system to connect with TriMet was expressed and the
Planning Commission requested an action measure to develop a committee to pursue this idea.
Recommended Action Measure xi was added per this request.
xi. Develop an ongoing committee to evaluate a Tigard public transportation system
that would connect underserved neighborhoods with TriMet routes.
The Planning Commission requested that schools be added to Recommended Action Measure vii.
vii. Place educational materials in the schools, Tigard Public Library, and City Hall that
demonstrate actions individuals can implement to help improve air quality in the
community.
The Planning Commission asked staff to be more specific about Recommended Action Measure x
to identify gas-powered leaf blowers.
x. Research the feasibility of banning gas-powered leaf blowers and a buyback program for
petroleum powered lawn equipment.
Environmental Quality Section 2: Water Resources Quality
The Planning Commission found Policy 3 to be unpractical and asked for it to be combined with
Policy 7.
7. The City shall investigate and use, to the extent practical, green street concepts te-Eofis"e
and other measures that limit the community's
effective impervious area.
The Planning Commission asked that low impact development practices be included as a policy
statement. Policy 3 was edited to reflect this request.
3. .
The City shall encourage the use of low impact development practices that reduce
stormwater impacts from new and existing development.
The Planning Commission requested a policy be added that would encourage 0130T and
Washington County to improve the quality of stormwater runoff from their transportation facilities.
Policy 9 was added.
9. The City shall encourage the Oregon Department of Transportation and
Washington County to improve the quality of stormwater run-off from their
facilities.
S"I'~V F RI°POR"1''1'O TFII PLANNING COMMISSION
CPA 2007-00001 STATEVADI PLANNING GOA] S G, 8, AND 13 PAGE' 3 OF 22
The Planning Commission advised that the wording of Recommended Action Measure 3 should be
changed to reflect the shift in Tree Board wording.
iii. Work with the Tree Board to develop an urban tree stewardship management and
preservation program that increases the canopy cover in Tigard.
The Planning Commission questioned the advantages of joining with CWS as a co-holder of the
NPDES permit. Following a review and comment by City staff (see Section VI and Exhibit B of
this staff report), Recommended Action Measure vi has been removed.
vi. Regeareh putting the Gity of Tigard as a ea holder with GWS aft the NPDES per-rrlifs.
Environmental Quality Section 3: Land Resources Quality
No changes were requested by the Planning Commission.
Energy Conservation
The Planning Commission is interested in engaging the community in a dialogue regarding what
efforts they would support to reduce energy consumption. This information could then be used to
develop incentives. Recommended Action Measure v was added.
v. Survey the community about energy consumption and identify top concerns that
could be addressed through conservation incentives.
The Planning Commission requested that the word implement be added to Recommended Action
Measure iv.
iv. Research and implement incentives and development codes that would encourage energy
efficiency in new developments.
Parks, Recreation, Trails, and Open Space
The Planning Commission thinks a public awareness program would be appropriate to outline
the benefits of parks and recreation. Recommended Action Measure xxvii was added.
xxvii. Develop an information program to raise the public's awareness of the importance
of recreational facilities and programs to/the livability of the earnmttftity/ personal health
and eammufiity public well-being and community livability.
Proposal Description
The primary intent of the proposed changes is to ensure the Comprehensive Plan remains a
viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in
compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the
update will also ensure the Comprehensive Plan reflects current community conditions and
values.
SI'AI,'1~ IZI3POR'1'"1'0'1'1-11- PLANNING COMMISSION
CPA 2007-00001 S"1'A"1'IWIDE PLANNING GOALS G, 8, AND 13 PAGE 4 OF 22
This amendment is the first in a series of amendments that will update the Comprehensive Plan
in its entirety. This amendment will update Statewide Planning Goals 6, 8, and 13 with goals,
policies, and recommended action measures that will serve as the "legislative foundation" in
regards to parks, recreation, trails, open space, environmental quality, and energy conservation.
Land use actions and amendments to the Tigard Development Code will be based on the new
language included in this amendment.
Below is an explanation of the terms that create the "legislative foundation":
Goal
Definition - A general statement indicating a desired end or the direction the City will follow to
achieve that end.
Obligation - The City cannot take action which violates a goal statement unless:
1. Action is being taken which clearly supports another goal.
2. There are findings indicating the goal being supported takes precedence (in the particular case)
over another.
Policy
Definition - A statement identifying Tigard's position and a definitive course of action. Policies are
more specific than goals. They often identify the City's position in regard to implementing goals.
However, they are not the only actions the City can take to accomplish goals.
Obligation - The City must follow relevant policy statements when amending the Comprehensive
Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive
Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment
must take place following prescribed procedures prior to taking an action that would otherwise
violate a Plan policy.
Recommended Action Measures
Definition - A statement which outlines a specific City project or standard, which if executed,
would implement goals and policies. Recommended action measures also refer to specific projects,
standards, or courses of action the City desires other jurisdictions to take in regard to specific
issues. These statements also define the relationship the City desires to have with other jurisdictions
and agencies in implementing Comprehensive Plan goals and policies.
Obligation - Completion of projects, adoption of standards, or the creation of certain relationships
or agreements with other jurisdictions and agencies, will depend on a number of factors such as
citizen priorities, finances, staff availability, etc.
The City should periodically review and prioritize recommended action measures based on current
circumstances, community needs and the City's goal and policy obligations. These statements are
suggestions to future City decision- makers as ways to implement the goals and policies. The listing
of recommended action measures in the plan does not obligate the City to accomplish them.
Neither do recommended action measures impose obligations on applicants who request
amendments or changes to the Comprehensive Plan. The list of recommended action measures is
not exclusive. It may be added to or amended as conditions warrant.
SI'AFT RETORT TO THE PLANNING COMMISSION
CPA 2007-00001 STATI-WIDI- PLANNING GOALS 6, 8, AND 13 PAGE 5 OF 22
SECTION IV. SUMMARY OF REPORT
Applicable criteria, findings and conclusions
• Tigard Community Development Code
o Chapter 18.380
o Chapter 18.390
• Applicable Comprehensive Plan Policies
o Topics 1, 2, 3, 4, 8, and 9
• Applicable Metro Standards
o Title 3 and 13
• Statewide Planning Goals
o Goals 1, 2, 5, 6, 8, 9, 11, 12, and 13
City Department and outside agency comments
SECTION V. APPLICABLE CRITERIA AND FINDINGS
CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18)
Chapter 18.380: Zoning Mau and Text Amendments
Chapter 18.380.020 Legislative Amendments to the Title and Map
A. Legislative amendments. Legislative zoning map and text amendments shall be
undertaken by means of a Type IV procedure, as governed by Section 18.309.060G
Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies
to be applied generally throughout the City of Tigard; and therefore, the application is being
processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G.
Chapter 18.390: Decision-Making Procedures
Chapter 18.390.020. Description of Decision-Making Procedures
B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative
matters involve the creation, revision, or large-scale implementation of public policy.
Type IV matters are considered initially by the Planning Commission with final decisions
made by the City Council.
Findings: The proposed amendments to the Tigard Comprehensive Plan will be reviewed under
the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the
amendments will initially be considered by the Planning Commission with City Council making
the final decision.
Chapter 18.390.060.G. Decision-making considerations. The recommendation by the
Commission and the decision by the Council shall be based on consideration of the
following factors:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised
Statutes Chapter 197;
2. Any federal or state statutes or regulations found applicable;
3. Any applicable Metro regulations;
4. Any applicable comprehensive plan policies; and
5. Any applicable provisions of the City's implementing ordinances.
Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide
Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this
criterion.
STAF REPORTTO THE, PLANNING COMMISSION
CPA 2007-00001 STA'1"EWIDE: PLANNING GOALS 6, 8, AND 13 PAGE 6 OF 22
CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy
the applicable review criteria within the Tigard Community Development Code and recommends
the Planning Commission forward these proposed amendments to the City Council with a
recommendation for adoption.
CITY OF TIGARD COMPREHENSIVE PLAN POLICIES:
A review of the comprehensive plan identified the following relevant policies for the proposed
amendments:
Topic 1: General Policies
Policy 1.1.1: The City shall ensure that:
a. This comprehensive plan and all future legislative changes are consistent with the
Statewide Planning goals adopted by the Land Conservation and Development
Commission, the Regional Plan adopted by the Metropolitan Service District;
Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide
Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this
criterion.
Topic 2: Citizen Involvement
Policy 2.1.1: The City shall maintain an ongoing citizen involvement program and shall
assure that citizens will be provided an opportunity to be involved in all phases of the
planning process.
Findings. The proposal has complied with all notification requirements pursuant to Chapter
18.390.060 of the Tigard Community Development Code. This staff report was also available
seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community
Development Code.
Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in
March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement
and the Planning Commission. The Program outlined the information, outreach methods, and
involvement opportunities available to the citizens during the process.
Information was distributed throughout the process via the project website, an interested parties
listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses.
Outreach methods also included presentations to a number of civic organizations in the
community, personal emails sent to groups and organizations, updates to City boards and
commissions, presentations to high school students, and staff attendance at community events to
pass out information.
Involvement opportunities included two open houses, participation on a policy interest team,
submitting written comments via the website, and attending the Planning Commission workshop.
Additionally, the interested parties listserv and volunteers who signed up for the policy interest
teams were provided notice of all meetings held regarding the Comprehensive Plan Update.
As part of the Comprehensive Plan Amendment process, public notice of this Planning
Commission public hearing was sent to the interested parties list and published in the August 2,
2007 issue of The Times. Notice will be published again prior to the City Council public hearing.
The notice invited public input and included the phone number of a contact person to answer
S'I'AFI, RL:PORT TO THE PLANNING COMMISSION
CPA 2007-00001 SI'ATEWIDI E PLANNING GOAI,S 6, 8, AND 13 PAGE 7 Or 22
questions. The notice also included the address of the City's webpage where the entire draft of the
text changes could be viewed.
Policy 2.1.2: The opportunities for citizen involvement provided by the City shall be
appropriate to the scale of the planning effort and shall involve a broad cross-section of
the community.
Findings: As outlined above, the community was given multiple venues to get information and get
involved. This included a number of articles in the Cityscape newsletter that is delivered to every
household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and
stakeholders were involved in the policy interest team meetings by not only soliciting volunteers,
but by inviting organizations that share a common interest in that particular topic.
Policy 2.1.3: The City shall ensure that information on land use planning issues is
available in an understandable form for all interested citizens.
Findings: Information regarding the topics included in this Comprehensive Plan Amendment was
available in multiple locations in an understandable format for the duration of the process. This
included paper and electronic copies that were available in the permit center and also on the
website. Information was regularly sent to the project listserv and to the community volunteers
who participated on the policy interest teams.
Topic 3: Natural Features and Open Space
Policy 3.2.5 The City shall require the consideration of dedication of all undeveloped land
within the 100-year floodplain plus sufficient open land for greenway purposes specifically
identified for recreation within the plan.
Findings: This policy is satisfied by the proposed amendment through Goal 8.1 and specifically
Policies 6, 17, and 24. These policies outline the City's approach to acquiring open space, which
may include greenway property within the 100-year floodplain. Policy 24 provides guidance for
the considerations to follow when accepting such a dedication.
Policy 3.5.1 The City shall encourage private enterprise and intergovernmental
agreements which will provide for open space, recreation lands, facilities, and preserve
natural, scenic and historic areas in a manner consistent with the availability of resources.
Policy 3.5.2 The City shall coordinate with the school districts to develop recreational
facilities.
Policy 3.5.3 The City has designated the 100-year floodplain of Fanno Creek, its
tributaries, and the Tualatin River as greenway, which will be the backbone of the open
space system. Where landfill and/or development are allowed within or adjacent to the
100-year floodplain, the City shall require the consideration of dedication of sufficient
open land area for greenway adjoining and within the floodplain.
Policy 3.5.4 The City shall provide an interconnected pedestrian/bikepath throughout the
City.
Policy 3.6.1 Individual park sites, as defined by the parks and open space standards and
classification system shall be developed according to the following priorities:
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CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 8, AND 13 PAGE 8 OF 22
a. Facilities within a park will be adjusted to meet the needs and desires of the park
system development charge (SDC) district residents and the characteristics of the
site. Park and/or recreational facilities in greatest demand and least supply should
receive the highest development priorities
b. Parks should be planned to ensure maximum benefit to the greatest number of
local residents. For this reason, acquisition and development of community level
parks should be given the highest priority.
c. Development of additional neighborhood parks will have a lower priority for
public funding and are encouraged to be provided by the private sector within
planned unit developments and maintained by homeowners associations.
d. New mini parks have the lowest development priority and should be supplied at
the developer's or neighborhood's expense and maintained by a neighborhood
association created as part of the development process.
e. Provision of regional park facilities will only be considered as an interjurisdictional
project, and should have a low priority unless unusual circumstances arise.
f. Acceptance of any land dedicated for park purposes shall be based upon its
usefulness and adaptability to the adopted park and open space system.
3.6.2 The City shall coordinate with other public, private organizations and affected
private property owners in order to facilitate the implementation of the City's adopted
park plans.
Findings: Current Comprehensive Plan Policies 3.5.1, 3.5.2, 3.5.3, 3.5.4, 3.6.1, and 3.6.2 will be
deleted and replaced in their entirety by proposed amendment Goals 8.1, 8.2, and 8.3 and their
associated policies (see Exhibit A). This update will ensure the City is in compliance with
applicable laws, rules, regulations, plans, and programs. This update will also ensure continued
compliance with Statewide Planning Goal 8 as the new goals and policies reflect current
community conditions and values. The new goals and policies have been developed through a
citizen involvement effort, reviewed by City staff, reviewed by affected agencies, reviewed by the
Parks and Recreation Advisory Board, and reviewed by the Planning Commission at a July 16,
2007 workshop.
Topic 4: Air, Water, and Land Resources Quality
4.1.1 The City shall:
a. Maintain and improve the quality of Tigard's air quality and coordinate with other
jurisdictions and agencies to reduce air pollutions within the Portland-Vancouver
Air Quality Maintenance Area (AQMA).
b. Where applicable, require a statement from the appropriate agency that all
applicable standards can be met, prior to the approval of a new land use proposal.
c. Apply the measures described in the DEQ handbook for "Environmental Quality
Elements of Oregon Local Comprehensive Land Use Plans" to land use decisions
having the potential to affect air quality.
4.2.1 All development within the Tigard Urban Planning area shall comply with
applicable federal, state, and regional water quality standards, including those contained
in the Clean Water Services Design and Construction Manual. (Rev. Ord. 02-15)
4.2.2 The City shall recognize and assume its responsibility for operating, planning, and
regulating wastewater systems as designated in Metro's waste treatment management
component. (Rev. Ord. 02-15)
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CPA 2007-00001 STA"I'EWIDE PLANNING GOALS 6, 8, AND 13 PAGE 9 OF 22
4.3.1 The City shall:
a. Require development proposals located in a noise congested area or a use which
creates noise in excess of the applicable standards to incorporate the following
into the site plan:
1. Building placement on the site in an area where the noise levels will have a
minimal impact; or
2. Landscaping and other techniques to lessen noise impacts to levels compatible
with the surrounding land uses.
e. Coordinate with DEQ in its Noise Regulation Program and apply the DEQ Land
Use Compatibility Program.
f. Where applicable require a statement from the appropriate agency (prior to the
approval of a land use proposal) that all applicable standards can be met.
4.4.1 The City shall maintain and improve, if possible, the current quality of Tigard's land
resources.
4.4.2 The City shall recognize MSD's responsibility and authority to prepare and
implement a Solid Waste Management Plan.
Findings: Current Comprehensive Plan Policies 4.1.1, 4.2.1, 4.2.2, 4.3.1, 4.4.1, and 4.4.2 will be
deleted and replaced in their entirety by proposed amendment Goals 6.1, 6.2, and 6.3 and their
associated Policies (see Exhibit A). This update will ensure the City is in compliance with
applicable laws, rules, regulations, plans, and programs. This update will also ensure continued
compliance with Statewide Planning Goal 6 as the new goals and policies reflect current
community conditions and values. The new goals and policies have been developed through a
citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by
the Planning Commission at a July 16, 2007 workshop.
Topic 8: Transportation
8.1.1 Plan, design, and construct transportation facilities in a manner which enhances the
livabili ty of Tigard by:
b. Encouraging pedestrian accessibility by providing safe, secure, and desirable
pedestrian routes.
Findings: Trails provide a dual purpose for the community. They act as a form of recreation, but
are also important components of the City's transportation system. The inclusion of proposed
amendment Goal 6.2 and its associated Policy 1 (see Exhibit A) displays the City's commitment to
providing both recreational opportunities and a balanced transportation system. Thus, this policy is
satisfied.
8.1.2 Provide a balanced transportation system, incorporating all modes of
transportation (including motor vehicle, bicycle, pedestrian, transit, and other
modes) by:
e. Development of bicycle and pedestrian plans which link to recreational trails.
Findings: The proposed amendment Goal 6.2 and its associated Policy 1 (see Exhibit A) aim to
ensure pedestrian and bicycle facilities are available and connected in the community. The
inclusion of this language satisfies this policy by incorporating trails, for not only recreational
purposes, but as a recognized mode of transportation.
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CPA 2007-00001 SI'ATI3WID1:; PLANNING GOALS 6, 8, AND 13 PAGE 10 01 722
8.1.5 Develop transportation facilities which are accessible to all members of the
community and minimize out of direction travel by:
a. The design and construction of transportation facilities to meet the requirements
of the Americans With Disabilities Act.
Findi!2gs-. This policy is satisfied by proposed amendment Policy 23 under Goal 6.1 (see Exhibit A).
The language reads "The City shall continue to improve access to neighborhood parks and other
facilities according to the City's Americans with Disabilities Act plan". This language encompasses
bicycle and pedestrian trails that are provided for the community's use.
8.5.1 The City shall locate bicycle /pedestrian corridors in a manner which provides for
pedestrian and bicycle users safe and convenient movement in all parts of the City by
developing the pathway system shown on the adopted pedestrian/bikeway plan.
Findings: The proposed amendment Goal 6.2 and its associated Policy 1 (see Exhibit A) aim to
ensure pedestrian and bicycle facilities are available and connected in the community. The
inclusion of this language satisfies this policy by incorporating trails, for not only recreational
purposes, but as a recognized mode of transportation that is safe, convenient, and connecting
important locations throughout the City.
Topic 9: Energy
9.1.1 The City shall encourage a reduction in enerLyy consumption by increased
opportunities for energy conservation and the production of energy from alternative
sources.
9.1.2 The City shall establish a balanced and efficient transportation system which
complements the land use plan and is designed to minimize energy impacts.
9.1.3 The City shall encourage land use development which emphasizes sound energy
conservation, design, and construction.
FindiW,s-. Current Comprehensive Plan Policies 9.1.1, 9.1.2, and 9.1.3 will be deleted and replaced
in their entirety by proposed amendment Goal 13.1 and its associated Policies (see Exhibit A).
This update will ensure the City is in compliance with applicable laws, rules, regulations, plans,
and programs. This update will also ensure continued compliance with Statewide Planning Goal
13 as the new goals and policies reflect current community conditions and values. The new goals
and policies have been developed through a citizen involvement effort, reviewed by City staff,
reviewed by affected agencies, and reviewed by the Planning Commission at a July 16, 2007
workshop.
CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies
the applicable policies contained in the City of Tigard Comprehensive Plan.
APPLICABLE METRO REGULATIONS:
Metro Urban Growth Management Functional Plan Title 3: Water Quality, Flood
Management, and Fish/Wildlife Habitat Conservation - protect beneficial uses and
functional values of water quality and flood management resources by limiting uses in
these areas from development activities and protecting life and property from dangers
associated with flooding.
Findings. In 2002, the City of Tigard adopted Comprehensive Plan and Code Amendments to
comply with Tide 3 of Metro's Urban Growth Management Functional Plan, which outlines water
quality and flood management requirements for the region. The adopted standards were based on a
unified program developed by local governments in the Tualatin Basin and implemented through
the Clean Water Services District's (CWS) Design & Construction Standards, which provides for
STAFF REPORT' I'O TI-H-, PLANNING COMMISSION
CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 8, AND 13 PAGE 11 OF 22
vegetated stream corridor buffers up to 200 feet wide and mandating restoration of corridors in
marginal or degraded condition.
In addition, Clean Water Services, local cities, Washington County, Metro, and Tualatin Hills Park
and Recreation District, partnered on a parallel effort to develop the CWS Healthy Streams Plan
(HSP), an updated watershed plan designed to enhance the functions of the Tualatin Basin surface
water system and address the Clean Water Act and Endangered Species Act (ESA).
The proposed amendment, specifically Goal 6.2 and its associated policies (see Exhibit A), will
continue to ensure compliance with Title 3 requirements and standards. Policies 1 and 2 provide
clear direction that water quality is an important component of the community and the City will
continue in partnership with other jurisdictions in the Tualatin Basin to ensure water quality
standards are being met and programs being implemented. The remaining policies outline
additional strategies the City will employ to improve the community's water quality and limit
pollution from stormwater run-off.
Metro Urban Growth Management Functional Plan Title 13: Nature in Neighborhoods -
conserve, protect, and restore a continuous ecologically viable streamside corridor system,
from the streams' headwaters to their confluence with other streams and rivers, and with
their flooplains in a manner that is integrated with upland wildlife habitat and with the
surrounding urban landscape; and control and prevent water pollution for the protection of
the public health and safety, and to maintain and improve water quality throughout the
region.
Findings: The multi-jurisdictional approach undertaken by Tualatin Basin jurisdictions was used to
develop a program to meet Statewide Goal 5 requirements for inventorying riparian areas and
wildlife habitat and to comply with Metro's Urban Growth Management Functional Plan Title 13
(the regional Nature in Nei
gbborboods program). The Tualatin Basin Fish and Wildlife Habitat Program
was developed to complement Clean Water Services Design and Constructions Standards to
protect the beneficial uses of water (including rivers, streams and creeks) within the Tualatin Basin.
The proposed amendment, specifically Goal 6.2 and its associated policies (see Exhibit A), will
continue to ensure compliance with Title 13 requirements and standards. Policies 1 and 2 provide
clear direction that water quality is an important component of the community and the City will
continue in partnership with other jurisdictions in the Tualatin Basin to ensure water quality
standards are being met and programs being implemented. The remaining policies outline
additional strategies the City will employ to improve the community's water quality and limit
pollution from stormwater run-off.
The proposed amendment, specifically Goal 8.1 and its associated policies (see Exhibit A),
identifies parks, open space, and natural areas as having wildlife habitat value. Policy 6 directs the
City to acquire and manage open space specifically for protection of natural resources. Policy 19
directs the City to maintain and manage parks and open space in ways that preserve, protect, and
restore natural resources, including rare or state and federally listed species.
CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies
the applicable Metro regulations.
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CPA 2007-00001 STA'1'EWIDI:? PLANNING GOADS 6, 8, AND 13 PAGE 12 OF 22
THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER
OREGON REVISED STATUTES CHAPTER 197
Statewide Planning Goal 1- Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive
Plans and changes to the Comprehensive Plan and implementing documents.
Findings: This goal was met through an extensive public involvement process. A Public
Involvement Program for the Comprehensive Plan Update was developed in March 2006. This
Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning
Commission. The Program outlined the information, outreach methods, and involvement
opportunities available to the citizens during the process.
Information was distributed throughout the process via the project website, an interested parties
listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses.
Outreach methods also included presentations to a number of civic organizations in the
community, personal emails sent to groups and organizations, updates to City boards and
commissions, presentations to high school students, and staff attendance at community events to
pass out information.
Involvement opportunities included two open houses, participation on a policy interest team,
submitting written comments via the website, and attending the Planning Commission workshop.
Additionally, the interested parties listserv and volunteers who signed up for the policy interest
teams were provided notice of all meetings held regarding the Comprehensive Plan Update.
As part of the Comprehensive Plan Amendment process, public notice of this Planning
Commission public hearing was sent to the interested parties list and published in the August 2,
2007 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice
will be published again prior to the City Council public hearing. The notice invited public input and
included the phone number of a contact person to answer questions. The notice also included the
address of the City's webpage where the entire draft of the text changes could be viewed.
Statewide Planning Goal 2 - Land Use Planning:
This goal outlines the land use planning process and policy framework. The
Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide
planning goals.
Fines The proposed amendment to the Tigard Comprehensive Plan is being processed as a
Type IV procedure, which requires any applicable statewide planning goals, federal or state
statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing
ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD
45 days prior to the first scheduled public hearing as required. All applicable review criteria have
been addressed within this staff report; therefore, the requirements of Goal 2 have been met.
Statewide Planning Goal S - Natural Resources
This goal requires the inventory and protection of natural resources, open spaces, historic
areas and sites.
Findings: The proposed amendment is consistent with this goal as the proposed changes direct the
City to protect open spaces and natural resources, as well as protect water quality and function that
S"1'AFF RI3POR"1"1'O "1'1 Il PLANNING COMMISSION
CPA 2007-00001 S"1'A"1'I_.WIDG PLANNING GOAI S 6, 8, AND 13 PAG13 13 OF 22
can lead to improved habitat conditions. This policy direction is an enhancement to Goal 5
protections already in place in the community.
Proposed Goal 8.1 and its associated policies (see Exhibit A), identifies parks, open space, and
natural areas as having wildlife habitat value. Policy 6 directs the City to acquire and manage open
space specifically for protection of natural resources. Policy 19 directs the City to maintain and
manage parks and open space in ways that preserve, protect, and restore natural resources,
including rare or state and federally listed species.
Proposed Goal 6.2 and its associated policies (see Exhibit A), provide clear direction that water
quality is an important component of the community and the City will continue in partnership with
other jurisdictions in the Tualatin Basin to ensure water quality standards are being met and
programs being implemented. These policies also aim to minimize erosion, limit stormwater run-
off impacts, educate the public about personal actions that cause water quality problems, and
restore the natural function of riparian systems. All of these policies have the ability to improved
water quality in the community and thus improve riparian and aquatic habitats.
Statewide Planning Goal 6: Air, Water, and Land Resources Quality
To maintain and improve the quality of the air, water, and land resources of the state.
Findings: Current Comprehensive Plan Policies relating to Statewide Planning Goal 6 will be
deleted and replaced in their entirety by proposed amendment Goals 6.1, 6.2, and 6.3 and their
associated Policies (see Exhibit A). This update will ensure the City is in compliance with
applicable laws, rules, regulations, plans, and programs. This update will also ensure continued
compliance with Statewide Planning Goal 6 as the new goals and policies reflect current
community conditions and values. The new goals and policies have been developed through a
citizen involvement effort, reviewed by City staff, reviewed by affected agencies, and reviewed by
the Planning Commission at a July 16, 2007 workshop.
The Department of Land Conservation and Development, who oversees the Statewide Planning
Program, was given the opportunity to comment and commended the City for undertaking such
a thorough review of its Plan. The comments, in their entirety, can be found in Exhibit B.
Statewide Planning Goal 8: Recreational Needs
This goal aims to provide for the siting of facilities for the recreational needs of the
citizens of the state and visitors.
Findings: Current Comprehensive Plan Policies relating to Statewide Planning Goal 8 will be
deleted and replaced in their entirety by proposed amendment Goals 8.1, 8.2, and 8.3 and their
associated policies (see Exhibit A). This update will ensure the City is in compliance with
applicable laws, rules, regulations, plans, and programs. This update will also ensure continued
compliance with Statewide Planning Goal 8 as the new goals and policies reflect current
community conditions and values. The new goals and policies have been developed through a
citizen involvement effort, reviewed by City staff, reviewed by affected agencies, reviewed by the
Parks and Recreation Advisory Board, and reviewed by the Planning Commission at a July 16,
2007 workshop.
The Department of Land Conservation and Development, who oversees the Statewide Planning
Program, was given the opportunity to comment and commended the City for undertaking such
a thorough review of its Plan. The comments, in their entirety, can be found in Exhibit B.
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CPA 2007-00001 STATEWIDE' PLANNING GOALS 6, 8, AND 13 PAGE 14 OF 22
Statewide Planning Goal 9: Economic Development
To provide adequate opportunities throughout the state for a variety of economic
activities vital to the health, welfare, and prosperity of Oregon's citizens.
Findings: The proposed amendment is consistent with this goal as it provides policy direction
that intends to create a high-quality, livable community. High quality, livable communities
contribute to economic vitality by attracting employers and employees who understand the
importance of clean air, clean water, clean land resources, parks, recreation, trails, open spaces,
and the need to conserve energy for future generations.
Statewide Planning Goal 11: Public Facilities and Services
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
Findings: The proposed amendment is consistent with this goal as it provides policy direction
that intends to ensure the efficient arrangement of public facilities and services. Updated policies
address the provision of parks and recreation facilities, City infrastructure that improves air and
water quality, and community government buildings that conserve energy.
Statewide Planning Goal 12: Transportation
The goal aims to provide "a safe, convenient and economic transportation system."
Findings: The proposed Amendment is consistent with this goal as it provides policy direction
that intends to diversify the City's transportation system by creating a trail system that serves the
dual purpose of recreation and transportation. Policies relating to Goals 6.1 and 13.1 also
promote the use of alternative forms of transportation (biking, walking, public transit) to improve
air quality and conserve energy.
Statewide Planning Goal 13: Energy Conservation
Land and uses developed on the land shall be managed and controlled so as to maximize
the conservation of all forms of energy, based on sound economic principles.
Findings: Current Comprehensive Plan Policies relating to Statewide Planning Goal 13 will be
deleted and replaced in their entirety by proposed amendment Goal 13.1 and its associated
policies (see Exhibit A). This update will ensure the City is in compliance with applicable laws,
rules, regulations, plans, and programs. This update will also ensure continued compliance with
Statewide Planning Goal 13 as the new goals and policies reflect current community conditions
and values. The new goals and policies have been developed through a citizen involvement effort,
reviewed by City staff, reviewed by affected agencies, and reviewed by the Planning Commission
at a July 16, 2007 workshop.
The Department of Land Conservation and Development, who oversees the Statewide Planning
Program, was given the opportunity to comment and commended the City for undertaking such
a thorough review of its Plan. The comments, in their entirety, can be found in Exhibit C.
CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is
consistent with the applicable Statewide Planning Goals.
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CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 8, AND 13 PAGE 15 OF 22
SECTION VI. ADDITIONAL CITY STAFF COMMENTS
The City of Tigard's Building Division, Engineering Division, Current Planning Division,
and Police Department has had an opportunity to review this proposal and did not respond.
The City of Tigard's Public Works had an opportunity to review this proposal and offered the
following comments.
Under Water Resources Quality, Recommended Action Measure iv: we do inventory
outfalls as part of implementing the Healthy Streams Plan so that may be a repeat and
could be assumed if we are implementing Healthy Streams Plan. We have goals for
outfall retrofitting and are implementing projects to do just that each and every year.
Findings: Staff agrees with the comments and has added language "Continue to" to clarify this is
an action that is already being implemented. Staff recommends leaving the action measure with
the updated language.
Under Water Resources Quality, Recommended Action Measure vi: I don't think it is a
good idea to be a co-holder of the NPDES permit. Really all the cities in the basin are co-
holders of the NPDES permit. The permit needs to be held by a single entity so there is a
single point of compliance. I don't think it is a good idea to have Tigard singled out.
CWS holds the permit because that was needed basin wide to clean up the Tualatin and
its tributaries and there has been tremendous progress made. Also, we are at the very
bottom of the basin and don't have control over what goes on upstream of us. Being a co-
holder of the permit just doesn't make sense and makes us responsible for things outside
of our jurisdiction and control.
Findings: Staff agrees with the rational argument made for removing the Recommended Action
Measure and has removed it from the language. All Jurisdictions in the Tualatin basin collaborate
with Clean Water Services in the management of the water resources within the basin and all
have agreed to the NPDES permit structure that is currently in place. If and when conditions
change and it is important for the cities to have their name on the permit, Tigard will collaborate
once again. Staff recommends leaving Recommended Action Measure vi deleted from the
proposal language.
Consider adding an action measure to develop a program to collect and dispose of
medicine to keep it out of our streams. Educate the public not to flush medicines.
Findings: As this has become an important issue in urban streams around the region, Staff added
Recommended Action Measure xiii and recommends leaving the language in the proposal.
xiii. Educate the public about effects of flushing pharmaceuticals and develop a program to
collect and properly dispose of them so they do not reach and contaminate our streams.
CONCLUSION: Based on the analysis above, staff finds that the comments and subsequent
edits to the proposed amendment are in the best interest of the City and recommends inclusion
of the changes in the language of this proposal.
S1'AI F REPOR'1"1'O "1'I IG PL.riNNING COMMISSION
CPA 2007-00001 S'I'A'1'13WIDF- PLANNING GOALS 6, 8, AND 13 PAGE '16 OF 22
SECTION VII. OUTSIDE AGENCY COMMENTS
The following agencies /jurisdictions had an opportunity to review this proposal and did not
respond:
Tualatin Hills Park and Recreation District
Tualatin Valley Water District
Clean Water Services
City of Durham
City of Beaverton
City of King City
City of Lake Oswego
City of Portland
City of Tualatin
Clackamas County Planning Department
Washington County, Department of Land Use and Transportation
Metro Land Use and Planning
Oregon Department of Energy
Oregon Department of Environmental Quality
Oregon Department of Transportation, Region 1, District 2A
Oregon Division of State Lands
Tigard-Tualatin School District 23J
TriMet Transit Development
The Beaverton School District had an opportunity to review this proposal and have no
objections.
The Oregon Department of Land Conservation and Development (see Exhibit C) had an
opportunity to review this proposal and offered the following comments:
To the extent trails provide a transportation role as well as a recreation role, DLCD
suggests that trails be incorporated into the upcoming plan update related to
transportation. When the action of providing a trail addresses two public purposes -
namely recreation and transportation - the City should highlight it and emphasize the dual
benefit.
Findings: The Transportation Chapter (Statewide Planning Goal 12) of the Tigard Comprehensive
Plan update will incorporate trails as an important component of a multi-modal transportation
system in the community.
The City may want to reconsider the wording on action item 4.1.e under Air Quality. The
actions taken to "reduce congestion" may or may not improve air quality. If "reduce
congestion" is implemented through adding lanes to increase road capacity, more vehicles
are on the road, and thus negatively affecting air quality. If "reduce congestion" is
implemented by reducing vehicle miles traveled, then there is a positive impact on air
quality. DLCD suggests the City clarify the intent of this action item.
Findings: Recommended Action Measure v, under Goal 6.1, has been edited to include specific
language clarifying the intent as stated by DLCD.
SfAFT R13PORT TO THE PLANNING COMMISSION
CPA 2007-00001 STA113wID1 PLANNING GOALS 6, 8, AND 13 PAGE; 17 OF 22
v. Pursue funding for intersection improvements, access
management controls, and intelligent transportation systems that would help to
reduce congestion.
The City may want to have a further consideration on the Water Quality section. There is
no mention of the regional program - Nature in Neighborhoods - even though it addresses
both riparian corridor protection and water quality. The City may want to consider
broadening its Comprehensive Plan language to recognize this regional program.
Findings: Policies 1 and 2, under Goal 6.2, commit the City to implementing Titles 3 and 13 of the
Metro Urban Growth Management Functional Plan. Language has also been added to the
introduction for the Water Quality section that incorporates DLCD comments.
The Oregon Department of Fish and Wildlife (see Exhibit D) had an opportunity to review this
proposal and offered the following comments:
Add the following items to the list of Recommended Action Measures under Air Resources
Quality:
"Work with the Tree Board to develop an urban tree management and protection program
that increases the canopy cover in Tigard."
Fps. Recommended Action Measure iii, under Goal 6.2, contains this exact language and staff
recommends it redundant to include it twice. A Policy Interest Team has also been meeting with
the Tigard Tree Board to develop goals, policies, and recommended action measures specific to
trees.
"Perform a survey of tree canopy cover to evaluate existing canopy cover conditions and
identify needs and opportunities for increasing tree canopy cover."
Findings: A Policy Interest Team has been meeting with the Tigard Tree Board to develop goals,
policies, and recommended action measures specific to trees. Staff recommends allowing these
issues to be addressed through that process.
Revise Policy 4 for Water Resources Quality to remove the language "to the extent
practical".
Findings. The language was developed through the work of the Policy Interest Team and their
intent was to provide some flexibility for the City because of funding issues and physical geography
that could be barriers to restoration. Staff recommends leaving the language in order to avoid
possible legalities over whether the City's policy is to protect, restore, and enhance all natural
functions.
Revise Policy 6 for Water Resources Quality to include commercial and industrial
operators.
Findings: Staff recommends incorporating the language into the policy to read:
6. The City shall continue to collaborate on educating the public of techniques and practices
STAFF RI PORT"1'O 1'111::131ANNING COMMISSION
CPA 2007-00001 STATE- VIDF. PLANNING GOALS 6, 8, AND 13 PAGE. 18 OF 22
private individuals, businesses, and industrial operators can employ to help correct
water quality issues.
Revise Policy 7 for Water Resources Quality to include eco roofs.
Fps: Policy 7 has been revised based on Planning Commission comments at the July 16,h
workshop to read "and other measures". Staff recommends leaving the language as is because it is
adequate to encompass eco roofs.
Add specific language to Water Resources Quality policies that states the City shall
protect/ maintain riparian buffers to at least 50 feet for non fish bearing streams and at least
100 feet for fish bearing streams. Buffer distances are to be measured on either side of
stream centerline.
Findings: City regulations currently protect the vegetated corridor as defined by the Clean Water
Services Design and Construction Standards. These standards are applied basin-wide and provide a
stream buffer ranging from 25 to 200 feet, depending on the geography of the particular stream.
Staff recommends no changes as the measures in place have been adopted to comply with state,
federal, and regional regulations and programs.
Add specific language to Water Resources Quality policies that states the City shall support
consideration of water quality when considering placement and design of recreational
trails. Placement of trails should be avoided in areas prone to erosion to protect water
quality.
Findings: The Sensitive Lands Chapter 18.775 of the Community Development Code regulates
development in sensitive areas. Staff recommends no policy be added as this issue is addressed
through development review.
Add specific language to Water Resources Quality policies that states the City shall
promote and incorporate the use of pervious trail surfaces to protect water quality.
Findings: Policy 2, under Goal 8.2, addresses the design of trails to minimize their impact on the
environment. Staff recommends no additional policies be added to Water Resources Quality.
Revise Recommended Action Measure v for Water Resources Quality to address
restoration of wetland/ riparian area function to increase filtration of contaminants and
sediment with the intent of improving water quality.
Fps: Policy 4, under Goal 6.2, addresses the restoration of wetland/riparian area for their
positive contribution to water quality. Staff recommends not adding additional language at this
time.
Add specific language to Land Resources Quality policies that states the City shall provide
incentives to households and commercial operators for recycling to reduce the amount of
solid waste.
STAFF RI_PORT TO THE 111-ANN ING COMMISSION
CPA 2007-00001 SI'ATGWIDG PLANNING GOALS 6, 8, AND 13 PAGE 19 OF 22
Findings: The City participates in a regional program for waste reduction. Staff recommends not
adding specific policies to provide incentives, because of budgetary implications, but a
recommended action measure to research a program such as this may be appropriate.
Add the following key findings to the Goal 8: Parks:
"Open spaces and natural areas can provide important wildlife habitat and wildlife
movement corridors within urban areas."
"Open spaces and natural areas are often where humans interface with wildlife. There are
both potential benefits as well as potential risks with this. Appropriate Living with Wildlife
practices can maximize public enjoyment of wildlife while minimizing potential conflicts."
Findings: Staff agrees with the proposed findings, but recommends not including them within the
Parks section. Statewide Planning Goal 5 deals with wildlife habitat and these issues will be
addressed at that time.
Add specific language to the Parks policies that states the City shall post signs in open
spaces and natural areas to restrict dogs from entering designated areas.
Findings: Staff recommends not including this as a policy, as it is more appropriate to address at a
programmatic level.
Add specific language to the Parks policies that states the City shall post signs in open
spaces and natural areas to restrict dogs from entering designated areas.
Findings: Staff recommends not including this as a policy, as it is more appropriate to address at a
programmatic level.
Add specific language to the Parks policies that states the City shall post signs in open
spaces and natural areas that communicate that harassment and feeding of wildlife is
prohibited.
Findings: Staff recommends not including this as a policy, as it is more appropriate to address at a
programmatic level.
Add specific language to the Parks policies that states the City shall place trails outside
open spaces and natural areas in areas where sensitive wildlife species are located.
Findings. Policy 2, under Goal 8.2, addresses the design of trails to minimize their impact on the
environment. Staff recommends no additional policies be added to Water Resources Quality.
Revise Recommended Action Measure xxv for Parks to read:
"Incorporate natural resources studies and monitoring in the City's management of public
open spaces and related natural areas."
Findings: The language "When feasible and appropriate" was removed based on Policy Interest
Team meetings and review by the Department Review Team. This comment has been
accommodated. Staff recommends the updated version of the Recommended Action Measure.
STAFF RI PORT I'O' HE-' PLANNING COMMISSION
CPA 2007-00001 SI'A' EINVIDI3 PLANNING GOALS G, 8, AND 13 PAGE, 20 OF 22
Add specific language to the Energy Conservation policies that provides incentives for new
development to incorporate green building practices (solar panels, use of recycled
materials, etc.).
Findings: Recommended Action Measure iv directs the City to research and implement incentives.
Staff recommends not adding specific policies to provide incentives, because of budgetary
implications.
Consider adding to the Energy Conservation chapter incentives and/or cost reduction for
the use of public transportation.
Fin&gs: Staff recommends not adding specific policies to provide incentives, because of
budgetary implications, but a recommended action measure to research a program such as this may
be appropriate.
Tualatin Valley Fire & Rescue (see Exhibit E) had an opportunity to review this proposal and
offered the following comments:
Include language encouraging the installation of automatic sprinkler systems in all
buildings wherever and whenever possible. The benefits with regard to the Planning Goals
are:
• Less water use for fighting hostile fires within buildings or structures. Automatic
sprinkler systems use a fraction of the water necessary to control or extinguish a fire
within a building or structure.
■ Less contaminated runoff from firefighting operations polluting surrounding
streams and wetlands.
Findings. The City of Tigard currently complies with Oregon Fire Code that utilizes the NFPA 13:
Standard for the Installation of Sprinklers (from the National Fire Protection Association) for the
adopted code standards relating to the installation of sprinkler systems. If and when the standards
change, the City will adopt and enforce those standards. Staff recommends not adding this
language, as the City is currently enforcing standards developed at the national level.
CONCLUSION: Based on the analysis above, staff finds that the comments and subsequent
edits to the proposed amendment are in the best interest of the City and recommends inclusion
of the changes in the language of this proposal.
SECTION VIII. CONCLUSION
The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations,
the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances.
Therefore, Staff recommends that the Planning Commission recommend approval of the
Comprehensive Plan Amendment to the Tigard City Council as determined through the public
hearing process.
S'1'AFFRI3POR'1'"1'0'1'111 ING COMMISSION
CPA 2007-00001 STA11,WIDC? PLANNING GOALS 6, 8, AND 13 PAGE 21 Or 22
ATTACHMENT:
EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE
PLAN.
EXHIBIT B: PUBLIC WORKS COMMENTS
EXHIBIT C: DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
COMMENTS
EXHIBIT D: OREGON DEPARTMENT OF FISH AND WILDLIFE COMMENTS
EXHIBIT E: TUALATIN VALLEY FIRE AND RESCUE COMMENTS
EXHIBIT F: DEFINITIONS
August 13, 2007
PREPARED BY: Darren Wyss DATE
Associate Planner
August 13, 2007
APPROVED BY: Ron Bunch DATE
Planning Manager
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2007-00001 S"1'r1"1'13WIDI PLANNING GOALS 6, 8, AND 13 PAGE' 22 OF 22
Exhibit C
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
August 20, 2007
1. CALL TO ORDER
President Inman called the meeting to order at 7:03 p.m. The meeting was held in the Tigard
Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, Fishel,
Hasman, Muldoon, Vermilyea, and Walsh
Commissioners Absent:
Staff Present: Ron Bunch, Assistant Community Development Director; Darren Wyss,
Associate Planner; Duane Roberts, Associate Planner; Marissa Daniels; Assistant Planner;
Jerree Lewis, Planning Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE
REPORTS
Commissioner Walsh advised that the Tree Board will have a workshop with the Planning
Commission in September. The Board has been working on the goals, policies, and action
measures for the management and preservation of trees and other vegetation. Walsh provided
copies of the working draft to the Planning Commission. The Tree Board received input from
the Policy Interest Team, staff, and the Homebuilder's Association.
Commissioner Caffall reported on the Committee for Citizen Involvement. He reported that
the neighborhood webpages are almost ready to go. It's anticipated that everything will be
online by the first of the year. The CCI is scheduled to present changes to their membership
requirements to Council tomorrow night. The Hwy. 99W Committee will meet in the next few
weeks to review ODOT material.
APPROVE MEETING MINUTES
None
5. PUBLIC HEARING
5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00001
PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 1
Tigard Comprehensive Plan Update of Statewide Planning Goal 6: Air, Water,
and Land Quality Resources, Goal 8: Recreation Needs, and Goal 13: Energy
Conservation
REQUEST: Amendments to the current Comprehensive Plan Topics 3: Natural
Features and Open Space; 4: Air, Water, and Land Resources Quality; and 9:
Energy by updating the goals, policies and recommended action measures to reflect
current community conditions and values. The complete text of the proposed
Amendment can be viewed on the City's website at http://www.tigard-
or.gov/code- amendments. LOCATION: Citywide. ZONE: CBD, C-G, C-P, I-
H, I-L, I-P, MUC, MUE, MUE-1, MUE-2, MUR-1, MUR-2, R-1, R-2, R-3.5, R-4.5,
R-7, R-12, R-25. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.360,18.370, 18.380,18.390, 18.705, 18.715,18.765,
18.775 and 18.810; Comprehensive Plan Policies 2, 3 & 4; Metro Functional Plan
Title 3 and 13; and Statewide Planning Goals 1, 2, 5 and 6.
STAFF REPORT
Darren Wyss reported that this proposed amendment will replace current topics 4 and 9 of
the Comprehensive Plan in their entirety; and for topic 3, policies 3.5.1, 3.5.2, 3.5.3, 3.5.4,
3.6.1, 3.6.2 will be replaced. Changes requested at the July 160, Planning Commission
meeting have been incorporated into the proposed language (Exhibit A). Staff has reviewed
the proposed amendment according to the applicable review criteria and finds that it satisfies
the Community Development Code, the Tigard Comprehensive Plan, the Metro Urban
Growth Management Functional Plan, and the Statewide Planning Goals.
Outside agency comments have been received. DLCD recommended a couple of
clarifications which are found in the staff report. Other agency comments and
Comprehensive Plan Update Department Review Team recommendations are also included
in the staff report. Wyss detailed revisions to the language since the July 16th Planning
Commission meeting.
Duane Roberts reviewed proposed changes to the Parks, Recreation, Trails, and Open Space
chapter (Exhibit B). He advised that the second revision requested by Sue Bielke is already
in the proposed language.
It was requested that the term "non-native plants" in 8.1.xxxii be replaced with the term
"invasive species." Sometimes a non-native species may be better suited in an area than a
native species.
It was clarified that 8.1.xxi is not meant to eliminate existing programs for the Senior Center
and Library. It is attempting to provide additional programs.
Commissioner Doherty encouraged the use of signs in sensitive areas to discourage such
things as dogs and litter. .
PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 2
PUBLIC TESTIMONY - IN FAVOR
Carl Switzer, 10310 SW Hoodview Drive, Tigard 97224 testified that he has been chairman
of the Parks and Recreation Advisory Board and a member of the Policy Interest Team
(PIT) for Parks and Recreation. He believes it is intolerable that there is no funded
recreation program in Tigard.
The PIT put forth recommendations for the Comprehensive Plan. Subsequently, staff has
red lined them. He encouraged the Commission to incorporate the PIT comments rather
than the staff comments, e.g., 8.1.13. This will provide guidance in the future to provide
publicly funded recreation in Tigard. Another policy that he would like to see reinstated is
8.3.1.
Switzer encouraged the Commission to support citizen input. When asked how much
money it could take, he said the City could start small and grow from there. There are ways
to fund a recreation program - establish a special district, such as Tualatin Hills Parks and
Recreation, which is a separate taxing entity that provides all of its own facilities,
maintenance, and programming; use a combination of general fund dollars and user fees,
along with additional grants; join with a neighboring special recreation district and share the
cost of providing service; work with a private entity like Sherwood has done with the
YMCA.
Switzer couldn't provide an estimate of how much it would cost to start a recreation
program. However; he did say that he believes the Comprehensive Plan is a guiding,
visionary document that will lead us through the next 20 years. If we don't have language
that supports and asks for or maybe even requires a recreation program, we'll never see it in
Tigard.
Concern was raised about the language obligating the City to provide facilities and a full scale
program if there isn't adequate funding. Switzer said that Tualatin Hills Park and Recreation
District has been around for many years. They did not start with everything that they have
now. This proposed language doesn't say anything that would handcuff the City; the spirit is
that Tigard will invest in public recreation in some capacity.
Switzer said it's not anyone's intention to place an undue burden on the City and how the
process works isn't as important as having it clear in the Comprehensive Plan that there's
something that can be implemented. The City's consultant found favorable results for a
recreation program and the Park and Recreation Advisory Board (DRAB) has spent a lot of
time working on this. Public meetings were held and a number of people expressed support
for a program.
John Frewing, 7110 SW Lola Lane, Tigard 97223 supports Mr. Switzer's ideas. There has
been a survey and there is significant support for a recreation program in the City. The
PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 3
language is only asking the City to consider seeking voter approval. He believes the language
of the PIT should be reinstated.
Frewing noted that the 2004 survey indicated that citizens would rather pay for open spaces
than recreation facilities and programs. He believes that both should be included in the
Comprehensive Plan.
Frewing is concerned about the adoption process for the Comprehensive Plan. The Comp
Plan is an integrated document. He thinks the Planning Commission should recommend to
City Council that they tentatively adopt these chapters and when it's all done, bring it all
back together to check for issues of integration to see if anything has been missed. He
equated the process to signing a contract with only seeing the first page of the contract.
Council should give tentative approval and reserve final approval until the whole package is
done.
Staff advised that when the language is adopted by Council, it will replace the existing
language in the Comprehensive Plan. We are replacing existing language in the Comp Plan
piece by piece. At the end of the process, if there parts of the plan that seem to be
disjunctive or create a conflict, then it is possible to go through the amendment process to
make changes. Staff is looking at the policies very carefully to make sure they're integrated.
One reason we're going through the adoption process bit by bit is that we need the tools to
start building a policy base to do such things as adopting a new tree code. Changes to the
Comprehensive Plan can be approved in parts.
PUBLIC HEARING CLOSED
The Commissioners deliberated the proposed language at length. It was noted that the Parks
and Recreation Policy Interest Team was put together for the specific purpose of analyzing
issues, developing data, developing answers, and making recommendations. The most
desirable outcome is that the City has a fully functioning Parks and Recreation system.
The recent visit to Port Moody, B.C. was mentioned. The recreation program in Port Moody
has been in place for quite awhile and is making money. They have been able to expand their
program.
Commissioner Vermilyea commented that the intent of proposed language is to have a high
quality program served by high quality facilities. It is not the purpose of the Planning
Commission to determine how it is going to be funded or what it will look like. The purpose
is to decide whether this is important enough to establish goals and policies for putting a
recreation program together. The details can be worked out by policy makers.
The Commission took a break so staff could work out new language to capture what the
Commissioners have been discussing. When the meeting reconvened, the Commissioners
PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 4
moved on to agenda item #6 [see agenda item #6] until staff was finished with the new
language.
Motion by Commissioner Vermilyea, seconded by Commissioner Caffall, to reopen the public
hearing. The motion was approved as follows:
AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, Vermilyea, Walsh
NAYS: None
ABSTENTIONS: Inman
EXCUSED: None
PUBLIC HEARING REOPENED
John Frewing would like to add an item #D to Policy #1 of the Energy chapter to read,
"Orient new transportation capabilities to facilitate the broad use of commuter rail." When
new streets are planned, they should provide parking for commuter rail.
For 8.2, Policy #1, Frewing suggested adding the word "schools." He believes the trail system
should be connected to schools. Staff advised that the City has received funding to identify
shortcuts within the older areas of the City, which would include safe routes to schools and
trails leading to schools. Commissioner Doherty suggested checking with the school district
first to see if they have concerns about safety.
For action measure 8.2.vii, Frewing would like to add the words, "open space tracts and
neighborhood common areas." A number of subdivisions have open space tracts and
common areas. He would like these identified on Tigard's trail map. President Inman
questioned this from a liability standpoint. A lot of open spaces in Planned Developments
and common areas are not open to the general public because it introduces a liability to the
homeowners. The homeowners probably would not want them identified on a published
map. Frewing said the intent is to know that they exist for the purpose of eventual trail
construction if it's acceptable to the neighborhood association or whoever controls it.
Motion by Commissioner Vermilyea, seconded by Commissioner Caffall, to close the public
hearing. The motion was approved as follows:
AYES: Anderson, Caffall, Doherty, FisheI, Hasman, Inman, Muldoon, Vermilyea, Walsh
NAYS: None
ABSTENTIONS: None
EXCUSED: None
PUBLIC HEARING CLOSED
After more discussion, the Commissioners recommended the following revisions to the
proposed language:
PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 5
■ Goal 8.1, Policy #13 shall read, "The City shall identify funding to build recreation
facilities and provide a full service recreation program."
■ Goal 8.1x shall read, "Consider seeking voter approval, as early as November 2008 and
no later than November 2010, to fund needed park and open space acquisitions and
improvements."
■ Goal 8.1 xix shall read, "Consider voter approval to fund needed recreation facilities
and a recreation program."
■ Goal 8.1 xx, xxi, xxii - delete all 3 action measures.
■ Goal 8.1xxxiii, amend to read, "Remove and control invasive species and noxious
weeds in natural areas."
■ Goal 8.3ii is now 8.3i.
• Add an additional action measure under Goal 8.3 - "ii: Identify potential partners
including school districts, special service districts, private providers, etc., for the
provision of recreational programs."
■ Goal 8.3, Policy #1 will read, "The City shall establish a recreation program served by
high quality community facilities."
• Goal 8.3, Policy #2 shall be deleted.
■ Goal 8.3, add an action measure, "iii: Work with the community to assess appropriate
elements for a recreation program."
• Goal 8.1 xxxii, delete "When feasible and appropriate."
• Goal 8.1xxxiii, delete "where feasible and appropriate."
■ Goal 8.2vii, delete "If adequate resources are available."
■ Goal 8.1xxxii, change the word `studies' to `surveys'.
■ Goal 8.1 xi, delete "when feasible."
■ Goal 8.1xxiv, delete "When feasible and appropriate."
Per John Frewing's request, it was suggested to add item D to policy 1 "Orient additional
transportation improvements to encourage the use of commuter rail." Staff recommended
PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 6
not including the language in this Chapter. There is a transportation section that will be
coming to the Commission in the future. It deals specifically with public transportation, trails,
and other elements of the transportation system. It would be a more appropriate place to
address commuter rail. It was asked if it would be sufficient to take it out of the energy
section and just leave it in the transportation section. Staff said that the transportation policy
encompasses everything - commuter rail, buses, and other public transit. This would be a
more appropriate section to address specific issues about commuter rail. The Downtown
section of the Comprehensive Plan also deals with activities around the commuter rail station.
Ron Bunch advised that the City will be updating the Transportation System Plan. One
component of that is energy reduction through use of transit and other kinds of system
management programs. After more discussion, it was decided to leave the language as is.
With regard to open spaces and common areas and their relationships to the trail inventory
system, the Commissioners determined that it has been addressed with the language in 8.2.vii.
The language will be left as is.
The Commissioners discussed whether to add schools to the network of trails and paths in
Policy 8.2.1. They decided to leave the language as is, not adding schools to the list.
It was suggested to delete the words "when able" under 8.1xxiii. After discussion, the
Commissioners decided to leave the language as is.
Motion by Commissioner Vermilyea, seconded by Commissioner Caffall, to forward a
recommendation of approval to the City Council of application CPA 2007-00001 and
document findings and conditions of approval contained in the staff report as amended, based
on the testimony we've heard and the discussion of the Commission as memorialized in the
minutes of the meeting this evening. The motion was approved as follows:
AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Muldoon, Vermilyea, Walsh
NAYS: None
ABSTENTIONS: None
EXCUSED: None
6. COMPREHENSIVE PLAN WORKSHOP - HAZARDS
Marissa Daniels reported on the draft goals, policies, and action measures of the Hazards
section of the Comprehensive Plan (Exhibit C). She provided information on how the draft
language was developed.
Daniels advised that the opinions of the PIT agree with those of staff on all but 2 issues. The
first is the way in which we define high hazard areas. The Hazards PIT prefers that hazard
areas be defined by map for all hazards. Currently, the Eloodplain is defined by FEMA map
and landslide prone areas are defined by text. Staff recommends against defining hazard areas
by map, as map error and map scale may interfere with the accuracy of hazardous conditions.
PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 7
The second issue is the creation of a natural hazards home inspection program. The PIT
proposes that the building department offer home inspections to property owners to check for
possible vulnerability to natural hazards. The building department does not currently have the
expertise to evaluate homes on this level. Frequently, a geotechnical or structural engineer is
needed to determine whether a home is at risk. Implementing this program will require the
creation of one or more new positions and would have budgetary consequences. Staff is also
concerned about the liability involved in determining whether or not a home is at risk of
natural hazards.
Commissioner Muldoon asked about a hazard mitigation methodology for buried utilities. He
also asked about a mechanism for identifying likely flat roof collapse during severe weather
and how it could be shared with the public. Daniels advised that underground'utilities issues
would be covered in the Public Facilities section of the Comp Plan. Regarding flat roofs, she
noted that severe weather isn't just ice and wind; it also includes things like drought and
extreme heat. In the Comp Plan, once we start specifying one thing, such as flat roofs, it could
open the door to a host of other possible problems. She believes it's better to deal with it in
the Mitigation Plan which will identify particular action items. Also, hazard response is not
covered in the Natural Hazards section of the Comp Plan; it is covered in the Public Safety
section of Public Facilities. Muldoon is interested in an action measure so that during times of
severe weather, there would be public information on the possibility of roof collapse. Staff
said they could add an action measure in the Public Safety section.
Comments from the Planning Commission (responses are in italics):
• Use sub-headings for each of the hazards to make it more readable.
■ Under key findings, it states that as of June 2006, Tigard owns 35% of the 100-year
floodplain. What is the breakdown of the remaining portion? Portions are in the public
sector; the school district also owns properly in the floodplain. Staff can break out the information for
the Commission.
• Clarification was requested for Policy #9 (zero-foot rise floodway). It meansyou can'tput
any fill in a floodplain. Ifyou put a shoved of dirt in, you have to take a shoved of dirt out - Zero
net rise.
• For Policy #13, replace native with non-invasive species.
• For action measure vi, does that include business practices? For example, there is an
auto wrecking yard along Hwy. 99W close to Sherwood in the 100-year floodplain.
During the last flood, cars were floating and obviously polluting the water. Perhaps we
could add an action measure to encourage changes to business practices that would be
consistent with water quality standards or as set forth by EPA- or DEQ. It could be
addressed in several different chapters, but ultimately, the Development Code determines whether or not
a hazardous storage facility would be allowed within a 100 year floodplain or on an adjacent propery.
■ Regarding 7.2.h, how often is the Tigard Emergency Operations Plan updated? Staff
will find out. Staff advised that Goal 7.2 goes above and beyond the Statewide Planning Goal The
Statewide Planning Goal addresses only natural hazards and does not mention severe weather.
■ The policy for business practices discussed earlier could also be applicable under 7.2.
PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 8
■ 'I'VF11 :tl.a aYs 1121, current emergency response guides. 'T'his, in some ways, parallels
th;l r..
a Does Goal 7.2 adulu;rrely address live drills for ciriiens? 7-be C:i~g (~t,Ters ra CF.Ii?°~r~t~ram
which caters specific trwi.1111'i gg for riliZrns. f7, )et-!hmi /Jjar, tvr wo?-try w ilb ll7nshin ion Coon,y f :r ow-
e~~r~:r~eru7~ cdtre~rlivrr; !ruirrirt~.
7. OTHER BUSINESS
PrESlCent 1111?1an remindca the Comrnlssioncrs that when they take a break, (icy should not be
(IiSCLISShig the hearing item(s) outside oC tic public realm. Comments need to be on the record.
'Tllc comfill ;sV)n relxlrrled rn Agenda lrcm,#5.l.
8. ADJOURNMENT
'Fhe nlcedng adjourned ar 1(.1:42 p.m.
' ,7 '
f
)crree Vcwis, P1a1111ing'Cun1111isslon Secrctstry
Al"I'r.ST: President Jodie Inman.
PLANNING COMMISSION M1 1.1-ING MINUTI S - Au8tl'A 20, 2007 - Page 9
Exhibit D
MEMORANDUM
TO: Mayor Craig Dirkson and Members of City Council
FROM: Darren Wyss, Associate Planner
RE: Council Workshop - CPA2007-00001
DATE: September 11, 2007
At the September 25th City Council meeting, staff will present the proposed goals, policies,
and recommended action measures (see the end of this memo for definitions and
obligations) for the Environmental Quality (Statewide Planning Goal 6), Energy
Conservation (Statewide Planning Goal 13), and Parks, Recreation, Trails, and Open Space
(Statewide Planning Goal 8) chapters for the updated Comprehensive Plan. The proposed
language was approved and recommended by the Planning Commission at an August 20th
public hearing. Staff will discuss the proposed language, answer questions, and provide any
requested information that will help assist Council in making its decision at the October 23rd
public hearing.
Throughout the process of working with citizens, city departments, and the Planning
Commission, staff has stressed that proposed Comprehensive Plan language must be capable of
being implemented and in the interests of the whole community.
Staff has worked closely with citizen stakeholders to explain the implications of certain policy
recommendations. Most of the time, the process has achieved a consensus outcome. In staffs
role as facilitators, we presented the best professional advice possible to all involved.
Sometimes this professional advice was contrary to the wishes of the citizens, but staff has not
unilaterally changed or removed citizen recommendations. Rather, whether or not to amend
citizen recommendations is the role of the Planning Commission to recommend and the City
Memo to Council 1 Sept 11, 2007
Council to decide upon.
The general discussion by the Planning Commission on each chapter and the major principles
included in them are as follows:
Environmental Quality Chapter Statewide Planning Goal 6.)
The Planning Commission had no issues with the proposed language brought forward to the
public hearing and no changes were made. The major principles included in the goals,
policies, and action measures are:
■ Continue collaborating at a regional level to address air, water, and land quality;
■ Implement practices that reduce air and water pollution associated with municipal
operations, as well as reducing the amount of solid waste generated;
■ Promote land use patterns that reduce automobile trips;
• Use the natural functions of the environment to help improve environmental quality;
■ Educate the public about individual actions that can help to improve environmental
quality;
• Encourage the use of low impact development practices and green street concepts;
and
• Develop and maintain regulations, incentives and educational initiatives to improve
air, water and land resource quality.
These principles set a policy direction for the City to move toward the community vision of
a future where the character and livability of Tigard is enhanced by the quality of the
surrounding environment. Furthermore, it is recognized that expected population growth in
the region will require further effort and innovation to protect environmental quality.
Energy Conservation Chapter (Statewide Planning Goal 13~
The Planning Commission had no issues with the proposed language brought forward to the
public hearing and no changes were made. The major principles included in the goals,
policies, and action measures are:
• Reducing automobile trips;
■ The City taking a leadership role in energy matters;
Memo to Council 2 Sept 11, 2007
■ Ensuring state energy efficiency standards are met; and
■ Educating and encouraging the public about actions that can support energy
conservation.
Implementing these principles will help to reach the community vision where access to
reliable energy supplies and their use do not degrade the environmental quality of the
community. The citizens recognize the importance of land use and transportation planning
on energy consumption.
Parks, Recreation, Trails, and Open Space Chapter (Statewide Planning Goal 8)
The key principles included in this chapter revolve around the community vision of a future
where a wide variety of recreational opportunities are available through a diverse system of
parks, trails, and open spaces. This system would be distributed throughout the community
and easily accessible from all neighborhoods. The citizens also realize the importance of
properly managing and maintaining the system.
The Planning Commission engaged in a long and thoughtful deliberation on a few policies
and recommended action measures that pertained to recreational programs and how to
possibly fund them. Staff requested that language relating to recreation programs and
development of facilities should be removed based on previous budget committee decisions.
Some members of the Parks Policy Interest Team took exception. Their position is that
recreation is important to the community's quality of life.
The Planning Commission eventually reached a consensus to include language pertaining to
recreational programs and facilities in its recommendation to Council. In addition to
reinstating language proposed to be deleted, the Commission added additional statements
pertaining to recreation programs and facilities. '
Memo to Council 3 Sept 11, 2007
Regarding recreation program and facility funding matters, the following language changes
were recommended by the Commission:
Goal 8.1, Policy #13 shall be reinstated and read, "The City shall identify funding to
build recreation facilities and provide a full service recreation program."
Goal 8.1, Recommended Action Measure x shall be reinstated and read, "Consider
seeking voter approval, as early as November 2008 and no later than November 2010, to
fund needed park and open space acquisitions and improvements."
Goal 8.1, Recommended Action Measure xix shall be reinstated and read, "Consider
voter approval to fund needed recreation facilities and a recreation program."
Goal 8.3, Policy #1 shall be reinstated and read, "The City shall establish a recreation
program served by high quality community facilities."
Goal 8.3, Policy #2 shall be deleted.
Goal 8.3, Recommended Action Measure ii is now Recommended Action Measure i.
Goal 8.3, add Recommended Action Measure ii to read, "Identify potential partners
including school districts, special service districts, private providers, etc., for the
provision of recreational programs."
Goal 8.3, add Recommended Action Measure iii to read, "Work with the community to
assess appropriate elements for a recreation program."
Other changes to the Parks and Recreation Chapter include the following:
Goal 8.1, Recommended Action Measure xi shall delete "when feasible." It is
recommended to read, "Utilize alternative methods to acquire and develop open space,
parks, and trails, including local improvement districts, purchase of easements and
development rights, life estates, etc."
Goal 8.1, Recommended Action Measure xxiv, shall delete "When feasible and
appropriate." It is recommended to read, "Make parks, trails, and open spaces universally
accessible by as many people as possible."
Goal 8.1, Recommended Action Measure xxxii shall change the word "studies" to
"surveys".
Goal 8.1, Recommended Action Measure xxxiii shall read, "Remove and control invasive
species and noxious weeds in natural areas."
Memo to Council 4 Sept 11, 2007
Definitions and Obligations of Goals, Policies, and Recommended Action Measures
Tigard Comprehensive Plan
Comprehensive plan goals, policies, and recommended action measures have different
definitions and impart different obligations to decision makers. They also relate differently to
one another. The following describes goals, policies, and recommended action measures in
greater detail.
Goals, policies and recommended action measures identify the intent of the City to accomplish
certain results. The goals and policies relate to one another and are obligations the City wishes to
assume. Recommended action measures support the obligations to achieve a desired end, but do not
signify an obligation themselves.
Goal
Definition - A general statement indicating a desired end or the direction the City will follow to
achieve that end.
Obligation - The City cannot take action which violates a goal statement unless:
1. Action is being taken which clearly supports another goal.
2. There are findings indicating the goal being supported takes precedence (in the particular case)
over another.
Policy
Definition - A statement identifying Tigard's position and a definitive course of action. Policies are
more specific than goals. They often identify the City's position in regard to implementing goals.
However, they are not the only actions the City can take to accomplish goals.
Obligation - The City must follow relevant policy statements when amending the Comprehensive
Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive
Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must
take place following prescribed procedures prior to taking an action that would otherwise violate a
Plan policy.
Recommended Action Measures
Definition - A statement which outlines a specific City project or standard which, if executed, would
implement goals and policies. Recommended action measures also refer to specific projects,
standards, or courses of action the City desires other jurisdictions to take in regard to specific issues.
Memo to Council 5 Sept 11, 2007
I
These statements also define the relationship the City desires to have with other jurisdictions and
agencies in implementing Comprehensive Plan goals and policies.
Obligation - Completion of projects, adoption of standards, or the creation of certain relationships
or agreements with other jurisdictions and agencies, will depend on a number of factors such as
citizen priorities, finances, staff availability, etc.
The City should periodically review and prioritize recommended action measures based on current
circumstances, community needs, and the City's goal and policy obligations. These statements are
suggestions to future City decision-makers as ways to implement the goals and policies. The listing
of recommended action measures in the plan does not obligate the City to accomplish them. Neither
do recommended action measures impose obligations on applicants who request amendments or
changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It
may be added to, or amended, as conditions warrant.
Memo to Council 6 Sept 11, 2007
EXHIBIT 8
-t~
~a
r
intro me- jai Quahty
`1Vlana ing the effects of human impacts on air,
water and land resources, includiti energy. "
Air Resource Quality
Water Resource Quality
Land Resource Qualit}r
Air Resources
Environmental Quality addresses the quality of air we breathe, water in
aquifers, wetlands, streams and lakes and the responsible management
and disposal of waste. Environmental quality= is essential for a high
quality of life including a strong and sustainable economy. 'Therefore, 1131! and
metropolitan area governments and agencies, in cooperation with s~:. to and
federal governments, have developed systems to address urban eve , ent's
impacts on air, water, and land resource qunhtl% This incl., e~ eastues to
prevent environmental degradation and tht ;MUNIation. Statewide p
Planning Goal 6 requires Oregon jurisdictions to adopt Comprehensive
flans that provide goals and policies as the basis to manage the impact of
developments on air, water and land resources
Mr, Water and Land Resources Quality
"To ?maintain and improve the quality of the air, water and land resources of the state."
The community's vision is fora future where the chsuacter and. livability of
Tigard is enhanced by the quality of the surrounding environment. The citizens
know the importance of participating in regional partnerships, of ensuring the
narural resource systems function to provide clean air and water, and of devel-
oping land use patterns and a multi-modal transportation system that red=..ces
the dependency on the automobile. Furthermore, it.is recognized that -apect-
population growth in the region will require further effort and innoA anon o
protect environmental quality
At the local level, Tigard can protect environmental quality y e-,suring its
land use policies, codes, and standards arc up-to-date wicontemporary best
management practices; that it is compliant with state n:~cl 'ederal environmental
laws and adinunistranve rules; and that It leads by emir pie in employing environ-
mentally sound and sustainable practices in its tcipal operations. The Cit1'
also, has an opport-unit) to how changes in daily life can
improve environmental quality.
.y
Section 1: Air Resources Quality
Clean air is essential for human well-being. Furthermore, if a region violates
federal and state clean air rules, there can be significant negative impacts on the
economy as a result of mandated actions to improve air qualinv. To ensure access
to clean air, the federal Clean.Air Act was created as the primary regulatory
Comprehensive Plan I Ciro' of 'Tigard 6-1
Page: 2
Author: Lisa
Subject: Cross-Out
Date: 10/22/2007 1:26:09 PM
Author: Nick
Subject: Inserted Text
Date: 10/22/2007 11:51:20 AM
promote
A
Author: Lisa
Subject: Cross-Out
Date: 10/22/2007 11:39:09 AM
Author: Nick
Subject: Inserted Text
Date: 10/22/2007 11:43:12 AM
Z raise public awareness
A
I prefer to think that citizens are highly educated and we execute their wishes. I have always
thought the words "educate the public" smacks of eliteism as if the ruling class knows more than
the masses. Let's in all cases change it to "raise public awareness"
9`SIl J 1
ENv1.RONMLNTAL QUALITY
Framework for national, state, and local efforts to. protect air quality. Cruder the
Clean Air Act, the Gnvitonmental Protection Agency (I PA) is responsible for
setting standards, known as National Ambient Air Quality Standards (NAAQS),
for pollutants considered ]harmful to people and the environment. -Air quality,
planning is focused on meeting the NAAQS and. setting deadlines for meeting
these standards.
The Oregon Department of Lrivironmental Quality (DF(J is responsible
for protecting Oregon's ii: quality by issuing permits, developing programs,
and monitoring air pollution to ensure communities meet the NilAQS and to
protect Oregon's pristine views. Air pollutants identified in the 2005 DCQ =1rr
.Qualrlp .Ruporl as the greatest concern in Oregon are:
• Ground-level ozone, commonly known as smog;
■ Fine particulate matter (mostly from wood smoke, ether combustion
sources, cars and dust);
• Flazardous air pollutants (also called Au -Ioxics); and
• Carbon monoxide (mostly from motor vehicles).
As %R- As air quality does not know political boundaries' v~ ~Ii
61,71 regional efforts were established to monitor and
plan for pollutants. The City of Tigard is part
of the Portland Area Airshed (PA_A),',wlllch is
defined by the Metro service boundary. The. DI Q
is responsible for ensuring the PAA meets the
national standards and developing the necessary
To
plans to continue compliance. Currently, the P.-\A
,'t meets all NAAQS standards (three-)?ear averages
iaz~ X r` are used to determine attainment/non-attainment
I to t33,`r'' ~'of the st.lndards: eight-bolo ozone, particulate
x F N R s
matter and carbon monoxide . However, D>✓C)
' I is required to develop maintenance plans for
carbon monoxide and ozone to ensure continued
compliance.
At the local level; the Cit}, can have a positive
impact on air quality. Land use, transportation, and public facility planning can
promote land development patterns and transportation systems that reduce
dependence on the automobile. The city can coordinate with the Oregon
6-2 City of Tigard Comprehensive Plan
Air Resources
Department of Environmental Quality to ensure that industries requiring
DI::Q permits comply Nvith state and federal regulations. Also, the city can
protect existing natural areas and mat-u e trees and promote and participate in
tree planting efforts. Vegetation has the natural ability to convert and sequester
carbon dioxide and produce oxygen. 'T'rees and shrubs can also serve to screen
and buffer dissiniilar land uses and lessen noise pollution. The City can also
ensure its codes and regulations prevent and mitigate other negative air quality
innpacts associated with urban development Such aS visible emissions, odors,
glare and heat.
K1.1:1\ 1)1'.GS
■ Within urban areas, air quality is often much worse along major
r()adu-ay'
■ D11Q has Issued six active Air Contaminant Discharge Permits (A.CDP)
within the City to regulate minor sources of contaminant ei.Tussions.
■ Motor vehicles are now the primary source of air pollution in Oregon
and, due to population uncreases, the number of miles driven clady by
"Tigard residents has increased 67°,t, since 1990.
■ The priniary sources of household pollutants in Tigard include wood
burning Fireplaces, and lawn and garden equipment.
■ The Oregon Legislature adopted a number of specific measures to
address air quality in die region.
■ The citizens of Tigard value trees ind natural resources and feel that
pi-niecting these resources will benefit the ctinnniunity.
i,
6.1 Reduce. air pollution and unprove au quality in the cotrununity and region.
1101.11 l t:S
1. The City Shall ensure that all development complies with or exceeds
regional, state, and Federal standards for air qualitti.
2. The (Ity shall support regional and state plans and programs to attain
regional, state, and federal standards for air qualit)!.
3. The City shall promote land use patterns which reduce dependency
on the automobile, are compatible with existing neighborhoods, and
increase opportunities for waflcuig, biking, and/or public transit.
Conilmhensive Plan I City of Tigard 6-3
ENVIRONMENTAL QUALITY
4. The City shall continue to investigate and implement practices that
reduce air pollution associated with municipal operations.
5. The Cite shall cooperate with other public agencies to minimize localized
transportation impacts to air quality through intersection improvements,
access management, intelligent transportation systems, etc.
6. The City shall encourage the maintenance and improvement of open
spaces, natural resources, and the City's tree canopy to sustain their
positive contribution to air quality.
7. The City shall improve the Environmental. Performance Measures to
n•vninlize impacts from noise and light pollution. /
S. T41e 4 X1111 elie«rrrsrge EmzcT-nhcehelel actio+> J .4 iek iWe aft-1
-m1z$ ti't7,t}w:~tEat3ei
r.
}(l, :tlM;M1sh1)E1.) :10N M EIASL- R . S
i. Perform a land use analysis to identify residelntial zones than could
potentially accommodate nixed use or neighborhood :.~n'lmerclal
development.
ii. ,Adopt and implement development re; . ation~- c tat include pr~; ;Ions
or incentives for alternative trains p. nation .use, parbcul-:; , in Metro
designated corridors and ccntep.
iii. Perform a sidewallz inventor, that . su r . in a cittnvide GIS layer to be
USCd for gap analysis and the 011 of a sidewalk improvement plan,
iv. rk wiel. 'Fei- et to -,y under.scrved neighborhoods and find the
funding to add - _Mc e in these areas.
v Pursue funding for transportation related projects that would redo e
congestion by improving fioN
vi. Expand the Tree Street Tree Program by actively engaging
neighborhoods and creating a pool of conu-nur ity volunr~1rs to help
with the plantings.
vii. Place educational materials in the schools. Hgard Public Library, and
City Hall that demonstrate actions Widual,, can inlpleme eip
improve air quality 1n till' CO' , 1lullll}'.
viii. Research " ='T«u ns from other municipalities and develop
standards for Tigard.
Lx, Begeareh the -ft., 0-
m. Develop an ongoing committee to evaluate a 'Asgard public
6_4 Citl7 of 'Figard ( Comprehensive Plan
Page: 5
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 11:38:00 AM
=I am somewhat uncomfortable with the top down approach. I believe in grass roots government
where citizens influence their government's behavior, rather than the other way around. If there
are specific things that most citizens are concerned about, they will modify their own behaviors.
Once most citizens adopt good habits we can use regulatory authority to bring around the rest.
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:09:22 AM
Author: Nick
Subject: Note
Date: 10/22/2007 7:09:22 AM
U Tri-Met has been unresponsive. Consider alternatives to Tri-Met. Work to ensure that Tigard's
~
transit service is equitably distributed throughout its service area.
Author: Nick
Subject: Inserted Text
Date: 10/22/2007 7:09:22 AM
1A Transit
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 11:54:02 AM
+This is contrary to Council Goals, our TSP, Metro RTP, ODOT plans and our citizen's wishes.
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 1:38:18 PM
+Some "dark sky" prohibitions are extreme and of dubious public benefit. Prefer the term "light
tresspass"
-o Author: Nick
Subject: Inserted Text
Date: 10/22/2007 7:09:22 AM
Tetlight tresspass
Author: Nick
Subject: Cross-Out
Comments from page 5 continued on next page
ENVIRONMENTAL QUALITY
4. The Ciry shall contunuc to investigate and implelment practices that
reduce all pollution associated with municipal operations.
5. The City shall cooperate with other public agencies to minimize localized
transportation impacts to air duality through. intersection improvements,
access management, intelligent transportation systems, etc.
6. The City shall encourage the maintenance and improvement of open
spaces, natural resources, and the City's tree canopy to sustain their
positive contribution to air duality.
7. The City shall improve the Emiironlnental. Performance Measures to
minimize impacts from noise and fight pollution.
}i. f 17C F 1E ' 9123 ' etY~tTBiilgecnti-zzeflli-fO-1-1119 tf~+ 13 13 I~E41#9e1341f~-f16~1Ot35;
..t a. C..
a
Ptl.i It .11SN1)L'I) AC'1'111N NI F"AS(JR11:S
i. Perform a land use analysis to identify residential zones that could
potentially accommodate mixed use or neighborhood commercial
development.
ii. ;Adopt and implement development regulations that include provisions
or incentives for alternative transportation use, particularly in Metro
designated corridors and centers.
iii. Perform a sidewall: iliventor}• that results in a citywide GIS layer to be
used for gap analysis and the creation of a sidewalk improvement plan.
iv. i"r. rk with •r..;r: et to j ify undersetved neighborhoods and find the
funding to add kcrviccL n these areas.
v. Pursue funding for transportation related projects that would reduce
congestion by improving flog R ~jLa}crefitspa~it-
vi. Expand the Free Street Tree Program by actively engaging
neighborhoods and creating a pool of community volunteers to help
with the plantings.
vii. Place educational materials in the schools, Tigard Public Library, 'Ind
City Hall that demonstrate actions individuals can implement to help
improve au quality in the community:
viii. Research " a7 skies' regulations from other mulucipalides and devel,~p
standards for Tigard.
Lv. R "•t_ 6 C„ t,A. F 1~..".):,baek ffli -fE3i~Aldo ,,a 1, ,
~Ef3'dey- "
1uy3"ek 1" gfRi 3etiolettm 17ewefed lftwn equipment.
xi. Develop an ongoing committee to evaluate a Tigard public
6-4 City of Tigard Comprehensive Plan
Date: 10/22/2007 7:09:22 AM
T_ Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:09:22 AM
Water Resources
transportation system that would connect underserved neighborhoods
with TriN;Ict routes.
Section 2: Water Resources Quality
The quallti, of the water in. our aquifers, streams, rivers, lakes, and wetlands
is important to the health and welfare of the
community, as well as the fish and wildlife that
rely on clean water for habitat. To limit harmful l ~ = 7
impacts from human activities on water quality,
the Clean Water Act (C:WA) was enacted. It regu-
lates the discharge of pollutants into watelways
through Narional.Pollutant Discharge Elimination f p°
System (NPDES) permits. In die State of
Oregon, the Department of Environmental
Quality (DEQ) has been charged with estab-
lishing standards regulating, and monitoring
Oregon's waters for compliance with the ON/r1
and NIMES.
Large municipalities h•picall5, have NPDES 3 ;Ppermits for their wastewater treatment facilities f E_
w ' l ~rr e
and for storlnwater runoff, called a Municipal
Separate Storm Scwer System (NIS4) permit. In ryry~~,~.77`ayy~ff
urban Washington County, which includes the T51,~
City of TiTart the permits have been combined
and are held by Clean Water Services (CWS).
The combined permit was issued for the entire
Tualatin River watershed to guide a basin-wide
a r'r n
effort to improve water quality'. It requires CWS
to submit a Stormwatei Management Plan and
a ~%Stewater Management Plan to DEQ. These
rwo plans outline the best nianagetnent. practices that CWS, its member cities,
and Washington Counh, commit to employ to reduce pollutant (ischarges,
regulate temperature, and comply with any Total N.1aximum Daily Load (IWIDL)
levels that have been establislhed.
The CIn• of Tigard is a co-implementer of the per.n-uts and associated plans
Comprehensive Phan I City of Tigard 6-5
ENVIRONMENTAL QUALITY
through an Intergovernmental Agreement (IGA) urith CWS. The IGA outlines
the functions the City must perform that are critical to the operation, mainte-
nance, and management of stormwater and wastewater facilities and to ensure
compliance with the C.A.
Separate from the NPDI S permit process, Clean Water Services has developed
a Surface Water Management Program to manage non-point source pollution
impacts oil water quality. The.Heallljy SlrranIs Plan, a public education program,
and watershed restoration projects are among the severnl activities undertaken
to improve the wafter quality of streams and wetlands within the Tualatin River
basin.
"I'lle City also has an important role in improving water quality. For example, it
has committed staff and resources to implement the ! lcrrl!/iy Slr-ams Plan. This
involves ongoing efforts to restore stream health and associated riparian areas,
educating the public about how individual actions can improve water quiury,
and coordinating policies and actions with other jurisdictions and agencies.
'Chese actions help maintain compliance with Metro's Urban Gron/tb Ma/Jagewellf
Fillielr.'ollcll Platt (isle 13 and lmplenlent the N4lller'e in 1\Tergbborboo& Program.
Tigard also seeks to unprove water quality by adopting land use policies and
regulations to prevent erosion and protect floodplains and other sensitive lands
including tree groves, wetlands, and stream corridors. I-and use regulations can
also help reduce water pollution by reducing unpervious surfaces, and requiring
storm water retention and treatment on-site. In addition, the Citv can provide
education about how low-impact development and green building techniques
can conserve water and protect Rater quahq. Furthermore the cit}, Illatntalns a
seiner extension program to connect properties to the city sexver .System that rely
on septic tanks and drain fields.
KI.., VIN,DI ~t S
• Water quality in the `I"ualatin River basin has been generally improving
since the 1970s, despite continued urbanization ul the watershed.
■ In 3006, Oregon DIQ characterized both Fanno Creek and the "Tualatin
River as having "poor" water quality within the City of Tigard. 1-Iowever,
this is an improvement from the "very poor" ranking received in 1995.
■ Non-point sources are the largest contributors to water pollution in both
Oregon and the Tualatin River basin.
• Witlliin Tigard, run-off from impervious surfaces, pct waste, and
G-G Cit,, of Tigard Comprehensive Plan
Water Resources
erosion/sedimentation are rile most problematic non-point sources of
pollution.
■ To enhance water quabry, the City has an active program of tree planting,
water quahry facility construction (vegetated swales and retention basins),
and stream corridor and wetland enhancements.
■ The citizens of Tigard are concemcd about the impact of growth on the
community's natural resources.
77
6.2 l..nsure land use activities protect and
,
enhance the community's water quality.
1. Che Citt shall ensure that all development
complies with or exceeds regional, stare,
Mi~vf3' f `h
and federal standards for water quality.
The Citt, shall continue cooperation with ~federal, state, alld regional agencies in the
management of Tigard's water resources
and the im lementation of lans and f
I grains.
3. The CM, shall encourage the use of
low impact development practices that
reduce stormwatcr impacts from new and
existing development.
4. The Cite shall protect, restore, and
enhance, to the extent practical, the
natural functions of stream corridors, trees, and water resources for ieir
positive contribution to water quality.
5. The City shall irnplemcrtt measures to minimize erosion and stor .r run-
off from development sites during and after construction.
6. The (;ity shall continue to collaborate on . Of
rechniqueS and practices private individuals can employ to help correct
water duality issues.
7. 'File Cir)! shall investigate and use, to die extent practical, _ eei st-ree+
e(.)nee! E.Tati other measures that limit the corrununity's effective
impervious area.
Corn prehenhive Plan I Ciry of Tigard 6-7
Page: 8
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:09:22 AM
Author: Nick
Subject: Inserted Text
Date: 10/22/2007 7:09:22 AM
Tl~ raising awareness
,
} Author: Nick
/ Subject: Cross-Out
Date: 10/22/2007 11:24:41 AM
+It is a good idea to reduce impervious area but we should not tie ourselves to specific methods.
Green streets are still being done on a limited basis to test their effectiveness versus the cost. I
don't think that they should be a policy yet.
f ENVIRONMENTAL QUALITY
8. The City shall lead by example and develop green concepts for
stormwater management at City facilities.
9. The City shall encourage the Oregon Department of Transportation and
Washington County to improve die duality of stormwater run-off from
their facilities.
10. The Cite shall continue to facilitate the extension of the City's
wastewater system to neighborhoods without service witlun the Tigard
Urban Service .Area, provided:
A. Properties benefiting from the extension pay their fair share of
the cost; and
B. Annexation occurs prior to any property receiving service.
RI•:U0-NJNJ 1'.N1)F1) ACTION MF AS1.Rl;ti
i. Research and implement incentives that encourage development to
minimize impervious surface coverage.
ii. Continue to implement the CWS Healthy Streams Plain.
iii. Work with the Tree Board to develop an urban tree managet -gent and
preservation program that increases the canol-iy cover in TI . ard.
iv. Continue to Inventory outfialls from non-treated stormw,iter S\,*," ns
and identify alternatives for improving the crater quali ty released from
them.
v. Purchase properties located Nvitl-un the I00-year fle odpl, and develop
a management plan that will allow for their natu*.al fin -don in removing
pollutants from the stream system.
vi. Develop baseline measures of effectiveness :o en..ure erosion control
measures are working during the construcr. on r~hase.
vii. Research the feasibility of a grant proor ~n t cit would provide funds to
organizations to develop educational 1. oms.
I'S t-
ix. Install signage and doggie poop e_ b: gs to encourage the clean up of clog
waste in public parks.
x. Evaluate the Cin,'s street cle..ui ig practices to ensure they are
performing up to their it-it .i 'ed results.
xi. Research the feasibilir,! o commercial parking lot cleaning program
and incentives for new . °velopmeni. and retrofits to use green concepts
during parking lot co struction,
xii. ate-~rr~ bout effects of flushing pharmaceuticals and
6-8 City of Tigard Comprehensive Plan
Page: 9
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 11:22:26 AM
+This seems unlikely to ever be seriously considered because of cost. I think that it would have
negligible impact on water quality and couldn't be justified on that basis.
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:09:22 AM
Author: Nick
Subject: Inserted Text
Date: 10/22/2007 7:09:22 AM
T Raise public awareness
A
• Land Resources
develop a program to collect and properly dispose of them so they do
nor reach and contaminate our streams.
Section 3: Land Resources Quality
ti•Iodern life inevitably leads to the production of waste. From the point in time
when cities arc first developed, and continuing throughout their occupancy,
by-products of human ac6virv must be collected and properly disposed of to
protect the health of both people and the natural environment. To accom-
plish this, the state of Oregon and Metro has partnered to create laws, rules,
and programs to direct redllCtlOn and efficient removal of waste. The Oregon
Deparrment of Environmental Quality (DEOJ is responsible for ensuring
compliance with"state rules and statutes. Di-','Q is also responsible for preparing
the Orrson S/C//c' Intcurnled Rrsourre and Solid Id `iu/e Rlan,genrent P/cur.
Within the Portland Metropolitan Region, Metro has the responsibility for
oversight and management of solid waste collection and disposal. Tllis includes
the re;ponsibilic) to prepare and update the IZeg1"oiw1.,S'o/id Il% ste,,Vlange»rent Nall.
The regional plan establiashes the framework for coordinating most solid waste
collection and dispersal programs, directing waste reduction and recovery efforts,
idcntif}-ing roles and responsibilities, and fulfilling DEQ's requirement that the
region have an overall waste reduction plan. The Regional Plan is also respon-
sible for recommending ways to address the solid waste management impacts of
future population and employment growth,
'I'lgard participates in t1•letro's plan update process and implements the plan
through the Washington County Cooperative, which includes a number of cities
in Washngton County. This regional collaboration is important to reducing the
amount of waste generated and entering landfills.
At tile local level, the City is responsible for regulating and managing solid wasr.e
and recycling collection services within the city linuts, and reviewing collec-
tion rates and service standards. Garbage and recycling collection services are
provided by private haulers who operate witlun established franchise bound-
aries. I'hc City enters into franchise agreements with the private haulers for the
removal of solid waste generated from residential, commercial, and industrial
customers.
Comprehensive flan City of Tigard 6-9
i4
ENVIRONMENTAL QUALITY
■ Pcr capita generation of solid waste has increased annually by 3.2° a over
the last ten years in the Porti-and metropolitan region.
■ The region lead a 59".'n waste reduction rate in 2005 and has seta target
of 64'% by 2009,
■ Tigard's residential recycling rate was 5 .5(','n in 2005, while the
commercial recycling rate was 22.7".•;).
• Regionwide, there are significant opportunities for waste reduction
improvements in the construction and business sectors.
• Oregon DEQ regulates hazardous waste collection, disposal, and
cleanup programs. DEQ also provides education and technical programs
to reduce risks associated with hazardous wastes.
• )Metro maintains its own household hazardous waste recovery program
in cooperation with.D13Q.
• 'The citizens of Tigard are concerned about population increases and the
impact upon the community.
6.3 Reduce the amount of solid waste entering landfills.
11 t3I..ICII..y
1. The Cite shall continue collaborating with federal, state, and regional
agencies in the development and implementation of solid waste
management plans and programs..
2. The Cite shall regulate and manage solid waste and recycling collection
services through franchise agreements that:
A. Ensure recycling opportunities are accessible to all households,
businesses, and institutions;
B. Implement waste reduction measures through prevention and
recovery efforts;
C. Remain cost effective and environmentally sensitive; and
D. Comply with applicable plans, policies, and laws.
The City shall collaborate with die appropriate agencies to ensure proper
permitting, collection, disposal, and cleanup of hazardous wastes.
4. The City shall use public education to promote:
A, Opportunities for recycling, composting, and reuse;
B. Reduction of household hazardous waste and its proper
disposal; and
6-10 City of Tigard Coinprchensivc Plan
Land Resources
C. Reduction of solid waste generated from construction and
business ;activities.
5. The City shall reduce the amount of solid waste associated with
mutvcipal operations.
hl'l:ta~i~!FNI)F.1) AC'i'10N ~IVA`;t 1t 1:S
i. f incl long-term partners and plan a yearly 1_; Vaste Collection E,"vent
similar to the one in September 2006.
ii. Start a composting program (includi.ng education) for City employees
including the purchasing of compostable plates, utensils, and cups.
iii. Research commercial and construction recycling programs that could be
implemented in Tigard,
iv. Develop°and maintain a GIS database of DFQ hazardous waste pernut
sites and hazardous cleanup sites.
v. Work with francluse haulers to adjust. yard debris pick-up schedules to
correspond with the demand during different seasons,
vi. Research the possibility of expanding the number of items that can be
recN clecl curbside.
v.it. Work with local businesses to act as collection points for household
hazardous waste. For example, home centers would collect fluorescent
light bulbs while paint stores would collect old, unused paint.
viii. Support the creation of an Office of Sustainability in \Vashington
County.
Comprehensive Plan 1 City of Tigard 6-11
EXHIBIT 6 z~'
f_ 1' 1 Y I f s I t
~•?T ~M ~1 r k t7 i 2,
j
Sr 3 t .ti..,~.4.Y F t _ f (tz
ia' s + t z t
• k
Z.
(n~
C`
P
J r•n ..1 q 3 " 115'14 ~y4,.-..,~ 4,-1 "1 R~ 1
i~ir•. 9.. z'r ~.~A..
`Land and uses developed on the land shall be
managed and controlled so as to maxim Ze the
conservation of all forlils of enerp, based ikon
sound economic princoles. "
w~
T-.
t P F,~«~ a f
•j. zxyt:~-y~f
0 ur way of life is powered by energy. From the construction process
to home hearing to getting around the community, affordable and
reliable energy sources are counted upon to sustain our needs. Energy
also drives the economy and has a significant impact on the environment. These
roles are unportant to consider when planning for future sources, distribution,
conservation efforts, land use, transportation, and development patterns. The
City's commitment to manage land use to conserve energy is based on Oregon
Starewide Planning Goal 13.
a
' ~ ~.Energy C;onservatLOri
"Land and uses developed on the land shall be managed and controlled so as to maximize
the conservation of all forms of energy, based on sound economic principles."
Tigard residents L-nvision a Future where access to reliable energy supplies and
then use do not degrade the environmental quality of the conirnuiltL)% They
recognize the inportince of renewable energy resources for the economy, the
Value in conservation efforts, and the significance of land use and transportation
planning; on energy consumption. public transportation and a well-connected
bicycle and pedestrian network are services greatly supported by the community.
The communih' also recognizes that the City can employ new techniques and
technologies U] tllunictpal operations, as well as encouraging citizens to take a
personal interest in energy consumption and conservation.
The City of Tigard currently has no eticrgy resources and no future plans to
develop any generation or supply facilities. The Oregon Department of Energy
(DOE.) has taken the statewide lead by planning to ensure an adequate, afford-
able, and clean energy supply is available for Oregonians. The DOE produces
the Oregon Liiera Plan an a biennial basis. It assesses energy demand and supply
in the state, identifies issues affecting energy, and presents an action plan to meet
the goals of the plan.
l nerg;y conditions and future issues identified by the 2005-2007 O~eSoil Eneq),
Pkin include:
■ Unstable energy pricing; and supply will continue to affect conimutlities
as it did in 2002 when Oregonians spent 50% more per unit of energy
to heat their homes than in 1998.
■ World oil production may peak in the next decade and begin a long-
term decline. Coupled with a growth in worldwide demand, peak oil will
maintain or increase already high oil prices.
(.:omprehensive Plan I Cir.' of Tigard 13-1
,iq
ENERGY CONSERVATION
• Natural gas supplies from North America are declining, while prices
have doubled in the past five years. Worldwide competition for the gas
is also expected to increase.
To address these issues, the OnSon f uergy Pkin recommends conservations efforts
for households, businesses, industry, and transportation, as well as developing
clean and renewable energy resources. These
efforts can provide insulation from and .duce
i5eD
the community s -vulnerability to,1 o.=a le pricing
and supplies. They are ipso con`'iS tent with
ri 7FY statewide planning Goal 12 or maxunizing the
conservation of all for- s of energy. Building
S .r J ~ S', r "5
s efficiency standarr::, tke-:eatlexshi ft1rtety
fir ,f in _ s r Mid-~t} t~+: trttrl-Design-(1~1: sr i g
5 4t etrl weatherization programs are options
• } b< ~ for promoting- energy conservation in build-
' ings. Metro's Rrgiotncrl 1 rcufjpoi-lu/ioa P/aa OVI'P) is
i
regtnred to address energy conservation, cffi-
E t, z' : T X s r ciency, and alternative transportation options
under state and federal law. Options include
driving less, buying Fuel-efficient vehicles, or using,
f
alternative, fuels.
r Tigard has the ability to affect energy conserva-
Lion efforts through developing efficient land use
and transportation plans that reduce automobile
trips. This includes promoting compact mixed use
f+ q ~ ;k 4 F j? C0111(11Unttics, and transit use and dcvelopment.
1 he City can lead by example in utilizing alterna-
t tive energies and becoming more energy efficient
l t f ;f~ in municipal operations. Tigard can also challenge
`k.? residents to reach energy conservation goals set
by the community.
■ Transportation is t1.1e latgesr use of energy= in the state at 34"%55. A
considerable reduction in energy use can be made with indk,iduals altering
their habits related to the use of motor vehicles.
■ The City has no energy generation or supply facilities and therefore the
13-2 City of Tigard Comprehensive Phis
Page: 15
} Author: Lisa
/ Subject: Cross-Out
Date: 10/22/2007 11:45:27 AM
Author: Lisa
Subject: Inserted Text
Date: 10/22/2007 11:45:43 AM
T various private rating systems,
a
cominunity's energy supply and pricing is controlled b}- forces beyond its
direct in f3ucnce.
■ A number of alternative fuel options exist for motor vehicles, but supplies
and availabiliti, are Whited.
• Large energy uses which the City has control over include street lighting,
water transfer pumps, heating and cooling of municipal baclungs, and die
motor vehicle pool.
■ Solar-generated power and wood heating ire the two most common options
available to the corrununity for producing their own energy. Wood heating
can be problematic to art duality due to the release of fine particulate matter.
• Weatiieriza6on, energy efficient building materials and appliances, and
alternative energy sources can all reduce energy consumption in buildings.
• The citizens of '1'ig;ucl value pedestrian and bicycle paths in the corn uni
and support the development of a well connected network.
• The citizens of Tigard value access to bus service in the community.
■ The following land use planning strategies can result in a more energy-
ef(icient comtnunir\:
■ l stablishing nuved-usc zones to encourage worlung, living, and
shopping in the same neighborhood
• Providing opportunities for increased density along public transit
lines
• Developing a public transit system that is reliable, connected, and
efficient
• Building a bicycle and pedestrian network that is connected, safe,
and :lccesslble
■ Connecting streets for efficiency and reducing congestion
• Re-Lase of vacant and underutilized land.
i
13,1 Reduce energy consumption.
1. 'The City shall promote the reduction of energy consumption associated
with vehicle miles traveled through:
A. Land use patterns that reduce dependency on the automobile;
B. Public transit that is reliable, connected, and efficient; and
Comprehensive Ilan I Grp of Tigard 13-3
ENERGY CONSERVATION
C. Bicycle and pedestrian infrastructure that is safe and Nvcll connected.
2. The City shall unplement regional and state .regulations, plans, and
programs that promote energy conservarion.
3. The Eyit ~1rtN-recltz _ ' :~rtfPF, PP Iiflet tc''stflln;
~~c~getat; rrr~ _ ` i, a;:~.-css+-clttrirrg-the-~l~~ign-p~ta~e-tfl-recl~.tcc: e}ern~ntls
4. The Cit), shall implement and enforce state energy efficiency standards
during the building hermit review process.
5. The Cite shall take a leadership role in local energy matters ley:
A. Designing and developing public
facilities, wherever possible, that }
take advantage of alternative energy
sources and conserve energy in
operations;
B. Conducting energy audits on existing .`Y
City, facilities and.irnplementing cost- {
11
effective recommendations as soon as -
possiblc;
C. investigating and participating in, when feasible, green energy programs, -
which use renewable energy resources;
and
D. Continuing to investigate new tecl ,iolgies that an reduce
municipal energy constunptio
6. The Cit}: shall support energy conser, anon ~y:
A. Encouraging designs Ihat irree ct-1 e~aerr;lt , ir} Cori y acrd
B. Ftdtteating di 'vout personal actions that can be taken to
improve energy efficiency and reduce energy consumption;
C. Directing the private sector to the variety of available incentives
prog.rarns; and
13-4 City of Tigard Comprehensive Plan
Page: 17
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:20:40 AM
-0 Author: Nick
Subject: Note
Date: 10/22/2007 7:17:08 AM
jThis is not practical for all development. We have already had a solar access provision in our
code and we recently abandoned it.
Author: Nick
Subject: Note
Date: 10/22/2007 11:16:39 AM
j are other rating systems.and we don't know if LEED will be around in 20 years. Let's not
`.tie ourselves to one system in our policies. It's okay in the recommendations
Author: Nick
Subject: Inserted Text
Date: 10/22/2007 7:25:00 AM
/r T achieve certification through widely recognized rating systems designed to reduce energy
iconsumption.
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:26:20 AM
Author: Nick
Subject: Inserted Text
Date: 10/22/2007 7:27:01 AM
TA Raising public awareness
D.
9"Itte nad'•
I. Create a process chat requires new development to consider
topography, Vegetation, and solar access during the design phase.
u. Develop target decreases for energy consumption associated with
municipal operations.
iii. Purchase a percentage of Green Energy for municipal operations
and then challenge the community to do the same.
iv. Research and implement incentives and development codes that
would encourage energy efficiency in new developments.
v. Survey the community about energy consumption and identif , top
concerns that could he addressed through conservation incentives.
Comprehensive flan 1 City of T•iprd 13-55
Page: 18
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:29:19 AM
Author: Nick
Subject: Note
Date: 10/22/2007 7:31:35 AM
'The devil is in the details here. Development already has flexibility to take advantage of solar
radiation. If this means reduction of setbacks, for example, to achieve solar goals, you are
trading one good thing for another.
tot
-.114112
tte
It
see
lile
CPA2007-00001
Enecgy Co~$enadon
)
)
- ~~es3
r
~ 'S,yrJr~,~ ♦ J
r•
7
T YY~✓+~""'
AAvr,
te~
)
es- ~
~:.e-ee~~"' CPp,2007-00001
En~t~` ~onsa~~aoT~
drainage,
3. The Gey shA ensufe that fueme land uge itetivities with sigflifieaftt waste and proees
.
Qttfthty er any e6ier- interested State er Feder-a! ageney wheft re ased land
r.eeedttteg ft
Energy Conservation CPA2007-00001
EXHIBIT 3
t
4
~t
Y iS
c
J. 1t~.. `.f .U'.i::~ mow: i'y1-.•°-a.......... ~.lf•+'Vt'r".tS.~:"'fs$f~;P•':S%^',":~.5~,.'?a,~tt!s?....P.!'." L?'~y:.or;'v-'-,~si - '~`F~"i-.J:~``q
Parks, Recreation,) Trails
and Open S4----ace
V
'To .satisfy the recreational needs of the citiZen.s
o f ' the state and visitors and, where appropriate;
,g of recreational facilities,
to provide for the sitiii
including destination resorts. "
Access to parks, recreation, trails, and open space enhances the livability
of a community and contributes to the well-being of its residents. These
amenities provide a variety of opportunities for residents and visitors
to enjoy both active and passive activities, while also helping to preserve open
space, wildlife habitat, and natural resources. Parks maj, also serve as informal
meeting places to draw people together and create a sense of place. These public
lands and facilities are highly appreciated by Tigard's residents and the City is
committed to their adequate provision. Statewide Planning Goal S rcgi.tires
Oregon jurisdictions to plan for recreational needs and this becomes especially
important as the City begins to approach full development.
"To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of recreational facilities, including destination
resorts."
Fhe community envisions a future where a wide variety of recreational oppor-
tunities is available through a dig=erse system of parks, trails, and open spaces.
This system would be distributed throughout. the coihhinuihity, and easily acces-
sible from all neighborhoods. It includes not onily developed parts, but open
spaces to protect natural resources that the community holds in high regard. The
citizens also know rhat 'siinply planniiig for and provi&-ig the opportunities is not
ericnigh, but funding must be secure to properly manage and maintain the system.
The. Tigard part: SjIsrem uirrendy includes '169 acres of Cit}r parkland and '182
acres of greenway and other preservation-oriented sites. These figures equate to
3.7 acres of developed area and 4.0 acres of natural area per thousand residents.
Most of tl-lis park and greentivav land is located within the tloodplain. In addition
to parks and open spaces, Tigard has developed a successful troll program,
consisting of 9 miles of completed >zails. These trails provide both recreation
opportunities and transportation links throughout the community. A major
source of parkland acquisition and developmert funds has come from the park
SVStem Devciapmcnt Charge (SUC) on new development, first imposed in 1977.
The Cit1 does not sponsor a recreation program and is not served by a special
park and recreation district. The T Bard Park Syi-levi i1.la,rterl)lan covers the city
proper and the unincorporated Urban Services Area. Subsequent to the master
plan's adoption in 1999, the Cite added 19.3 acres of parkland and 24.1 acres of
greenway. Because of population increases during the same period, the. City's
existing level of service to 2006 held steady at 7.7 acres of public parks and
open space per thousand population.
Comprehensive Plan I City of T'i4ard 8_1
PARKS, RECREATION, TRAILS AND OPEN SPACE
KEY FINDINGS
■ The system of adding parks and related land and facilities iin the Cite Ills
kept up with growth in the seven years since the Park System Master Plan's
adoption in 1999 (7.7 acres/1000 residents), but has not achieved the Plan's
aspirational standard.
■ Many areas of the City are park deficient.
■ The land supply available for parks and open space is becoming smaller and
more expensive.
■ Given the level of development in Tigard., sufficient land for neighborhood
parks is unavailable to meet the needs of underserved residential and non-
residential areas.
F ■ Many non-City-owned lands and facilities serve the park and leisure needs
of 'Tigard residents.
■ The City lacks a trail master plan to guide the development of the trail
SN'steni and facilitate progress toward its completion.
■ The City has regulations .in place that effectively pro«de for block links
and pedestrian connections in new neighborhoods. 1-lowever, there
ate significant traps in the off-street pedestrian system within older
neighborhoods.
■ Citizen groups have identified a trail route within Northeast 'Tigard that
includes on and off street segments to connect with th'e City of Portland-
adopted SOU Communities trail network. Citizens have proposed that this
route be considered for adoption into the Tigard trail plan..
■ The trail officially identified by Tigard as the "Powerline Trail" is a segment
of a larger inter.-jurisdictional trail formally identified as the "Westside Trad"
in the Nletro Regional Trails Map.
■ The City does not operate n recreation program and is not served by a
special park and recreation district. Consequently, Tigard residents have
limited opportunities to participate in recreation programs.
■ Overall, City parldands are well maintained. Maintennnce problems identified
in the '1999 Tigard Park System Master Plan have been, or are being,
addressed.
■ The new Park SDC methodology sets a per-project percentage limit on the
use of SDC funds. Some G3°io of the cost of park improvements is assigned
to non-SDC funding sources. At this time, the Ciry does not have a stable
source of revenue that can be used as the ecinnpanion funding source for
capital projects.
■ Many of the projects identified in the Parks SDC parks capacity program are
8-2 City of Tigard Comprehensive Pinn
Af~
located in the Bull Mountain Urban Services Area and not withal the city
limits.
■ Tigard does not have a parks foundation. Such foundations provide local
governments whin urportant additional programs to finance park and open
space projects.
■ The City has been proactive in working with the Tigard Water District for
the use of reservoir properties for open
space, Partnership plans with the school
clistriet for the renovation and joint use of
school playgrounds to meet neighborhood
!f r op'
park needs have not been developed.
■ ti'olunteers annually' contribute thousands ,-,.,aces, 7 s
of hours to •rigard's park,system and are
a non-nionemary funding source for park has developed
maintenance and improvements.
■ in recent years, the City has developed
and employed innovative methods to
trat pprqgrant~
create more active park acreage to serve
communitl neeils. This has included
making use of a state infrastructure o
loan program to expand Cool: Park and 7 es .0
making certain types of industrially zoned CO 1 ' I
let-
properdes available for park uses.
■ The citizens of "1-igard value pedestrian i
and bicycle paths in the communit_:
and support the development of a well
connected network.
■ The citizens of Tigard value access to neighborhood parks and open space
within a half mile of their homes.
The citizens of Tigard are concerned about the impact of growth on the
GOnmunttys naru.ra resaurCCS.
■ The citizen's of Tigard are concerned about the lack of a public recreation
program and the lack of an adequate number of parks in the community.
GOAL.
$.1 Provide a wide variety of high quality, part: and open spaces for all
residents, including both:
A. Developed areas with facibries for active recreation; and
C;utnprehensivc Phan I Cio. o[ Tig,ud 8-3
r
PARKS, RECREATION, TRAILS AND OPEN SPACE
B. Undeveloped areas for nature-oriented recreation and the
protection and enhancement of valuable .natural tesow-- Is within
the parks and open space system.
POLICIES
1. Tigard shall acquire, develop, and .maintain a diverse system of parks,
rails, open space, and recce^Lional facilities that are safe, functional, and
accessible to all of its , pulation.
2. The City shall acq- •e and, where appropriate, improve natural areas
located with;- a haL mule of every Tigard resident to provide passive
recreati nal opportunities.
- .e City shall seek to achieve or exceed the ideal park service level
standard of 11.0 acres of parkland per thousand population.
4. The Cit), shall develop neighborhood parks [or neighborhood park
facilities within other parks, such as a linear park] located within a half
mile of ever), resident to provide access to active and passive recreation
opportunities for residents of all ages.
5. The Cite shall develop other parks, including linear parks, special use
facilities, urban plazas, skate parks, and pet areas, consistent with the
descriptions and standards contained in the park system master plan.
6. The City shall acquire and manage some open spaces to solely provide
protection of natural resources and other open spaces to additionally
provide nature-oriented outdoor recreation and trail-related activities.
7. The City shall ensure public safety is a major consideration in the
planning, design, and management of parlcs, open spaces and trails.
8. The Cite shall enforce park rules, especially against loitering, harassment,
and camping, and work to ideii6F long term solutions to these three oil-
going park use problems.
9. The City shall integrare green concepts into part: and open space design,
maintenance, and operations.
10. In addition to standing committees, such as the Park and Recreation
:Advisory Board and the Tree Board, the City shall involve its residents
and businesses as active participants and partners in all aspects of
providing park and recreational services, including park system master
planning and City comprehensive planning efforts.
11. The City shall ensure that the community at large is adequately unformed
of recreation opportunities and programs; issues affecting park, open
space, and recreation services; and volunteer opportunities.
8-4 City of 'Tigard Comprehensive Plan
Page: 26
Author: Nick
Subject: Note
Date: 10/22/2007 7:36:22 AM
i.'Where did this number come from?
12. The City shall, either directly or in coordination with other stakeholders
and agencies, seek opportunities to acquire public open space. to build repeiReAr6eenal f~cilid@s and provide
13. funding a-tul-l- s~rv .iee-recte~rti-onal-l~.t=egra-r~~-
14. The Cite shall build and maintain partnerships with other governmental
and private agencies and organizations to optimize funding and fa~~
resources and vnprovc park and recreational opportunities
15. Whrirerrm. Mieri~-
,
idcnrifj~-ftxrrdi~~~-fr~t-rec~r~it~:dd-rr-n,t;tttt-en~i3c~-
;ttTtl 17t O=nts..ry ~`~izrrri~Y _
16. 1 he City shall require
pav a parks system development charge or With all
to dedicTte land in lieu of a park system
development charge.
elements
17. The ("in, shall ensure that any land
f the
dedicated to the City in lien of a parks
s~ srenn development charge meets
communi ty 10
the needs, goals, and objectives in the
C:omprchensive flan per comprehensive I Provide.
plan policy (#24) governing land
32
donations. manage
18. The Cih" shall continue to encourage and
recognize the important role of volunteers a fully,
and connmuntn' groups in meeting City
functional
purl:, trail, open space, and recreation
needs and in building stewardship and
er -ban
promoting community pride.
19. The City shall maintain and manage its
parks and open space resources in ways
that preserve, protect., and restore Tigard's
natural resources, including rare or state and federally, listed species, and
provide nature in the city opportunities.
~.F ,.L- tit ljaC
20. Thc H-17. tat`rivtElt'-f~tl9fli#~E 6C h ..t, level
rrcre,rtirn~:tl-f~tei3:itt
21. The City shall work with all elements of the community to provide and
manage a fully fu notional urban forest.
22. The City shall seen: the assistance of volunteer groups and other
community partners to help in maintaining parks, trails, and open space.
C inprehensive Plan City of Tigard 8-5
Page: 27
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:38:48 AM
T
-a Author: Nick
Subject: Note
Date: 10/22/2007 7:39:37 AM
~mDoes this mean that the City cannot acquire a piece of property unless it has additional funds to
maintain it?
-a Author: Nick
Subject: Note
Date: 10/22/2007 7:41:25 AM
C. 1 believe that we currently exempt commercial development on the basis that they do not
`
T ---)contribute to park use and therefore should not be required to pay for it.
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:40:04 AM
T,
r Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:43:35 AM
pin
Author: Nick
Subject: Note
Date: 10/22/2007 7:44:44 AM
`This is a great aspiration but as a policy, how do we decide between police, parks and library?
ilk
PARKS) RECREATION, TRAILS AND OPEN SPACE
23. 'T'he City shall continue to improve access to neighborhood parks and
other facilities according to the City's Americans with Disabilities Act pl. n.
24. Acceptance of any land donated for park purposes shall be based upon
its usefulness and adaptability to the Park Svstem Master Plan.- he
,
.
A. 41"~eerl-tt =,~.a'`
lee-rtion-bordering
f==l=ke cle ee-to . l~icl~ eke property meets-the"site selca-101-
„ d use ft*
lisre l-in- t i'~lt a eetri-1~F71ster~ lg 1;
Tile=veerlrrefrcc-~i~l~its-t#e}propelt-y--e-f-u-nitgt-re-ar-,ifgn-ifeful-t~
..1 , ..ltaeal regatirees;
E. The eendition of the property find the City!'; lifibili-, Ewr-trfy-
potel=1 t-ial-pr•~bletns-o1'-rnR-i-n-tet~at~e-needs-assc~c-ileterl-~~~t~~-its
k- . Mgh+
G=-1=llr e'~s~l~-c3it=r~-ers-a~.rrenee,s and -seel:-r-teN'.hedgei
VA t 1; R
the . ten .
25. City-owned property 1 _ .y e used for private wetlands niitigarion. The
City rec~-el}-~ ease-lay-cael: t
4tibjeet to the Fallowing (-A D H.-Fe
96 42)i
A it ~1.,.1d tho there b .Gf to the City and the ean n4;-
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8-6 Cite of Tigard Comprehensive Plan
Page: 28
Author: Nick
Subject: Note
Date: 10/22/2007 7:45:58 AM
'---)Do we have an ADA plan?
Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:51:18 AM
pin
Author: Nick
Subject: Note
Date: 10/22/2007 7:48:37 AM
~ )This is too much detail for a Comp Plan. It should be in the City's Park System Master Plan or
elsewhere in the City's policies. We don't want to do a comp plan ammendment every time we
want to change it.
Author: Lisa
Subject: Cross-Out
Date: 10/22/2007 11:49:04 AM
Author: Nick
Subject: Replacement Text
Date: 10/22/2007 11:50:14 AM
X will adopt policies governing proposals for private wetland mitigation of city-owned land.
fi
r Author: Nick
Subject: Inserted Text
Date: 10/22/2007 7:52:38 AM
TG'i shall develop policies governing private wetlands mitigation of city owned land.
a6_._1_4A, . Posting,
*acl-rri}ifr~-te rer-lr `
' o~t~ee-l-l>7~I~c~r.-t~-trl~ ~-pcxtr:ft i~~c~rrixed:
RECOMMENDED ACTION MEASURES
i. Regularly update the Parks Systenn Master Plan (every 5 to 10
years) to ensure it continues to address die changing needs of
the Cin,. Update sections of the document more frequently
with an amendment or other process to reflect the results of
major policy or planting initiatives.
ii. Develop master plans for each park that: identify the locations
and types of development that will occur in tie park, preserve
natural areas, and ensure development that promotes safe and
nest.heticall) pleasing environments.
iu. Consider and respond to Tigard's social and demographic
characteristics, including its cultural diversity=, when planning for
and investing in park improvements.
iv. Consider the development of a partnership plan with the school
district for the renovation and joint use of school grounds in
park deficient areas to meet neighborhood park needs.
V. Coordinate with and support Metro, Oregon State Parks, the
National Park Service and other agencies and that provide parks,
open spaces, and recreational activities in or near Tigard.
V1, Promote a safe environment in the City s parks and open spaces
through oil-going contact and coor&in6o.tl with public safety
officials.
vii. Consider the development of a marketing and communication
plan to inform the public about the value of parks and die
recreational services they provide.
Viii. Develop and distribute neaps and brochures to educate users
about the pare: and open spice system and promote appropriate
Ilse.
ix. Rcvisc and update the park System Development: Charge (SDC)
Methodology to reflect current land and development. costs and
to consider:
.A. The development of a dependable, long term funding source
Comprehensive Plain I Cirr of ']'igard 8-7
Page: 29
A Author: Nick
Subject: Cross-Out
Date: 10/22/2007 7:51:25 AM
PARKS, RECREATION, TRAILS AND OPEN SPACE
or sources that call be used to provide the overall project
costs assigned to non-SDC funding sources .in the SDC
study's capital improvement program;
B. Adjustments to the extraterritorial (Uiban Growth Urea)
improvement projects identified in the SDC capital
improvement 1)rog,ratn; and
C. Adjusttllents to the SDC fee structure that reflects realistic
non-SDC revenue expectations.
i. Consider seeking voter approval a ery 'November 200inl
no later than Ne_.,.mber -2n n, to fund needed park and open
space acquisitions and iunprovements.
ii. Utilize alternative methods to acquire and develop open space,
parks, and trails, including local improvement districts, purchase
of casements and development rights, life estates, etc.
W(.)rk to increase grants and donations from new sources for
operating and capital funding.
M Consider the establishment of a parks foundation to assist. \1111th
find raising, and acquisition, and special projects.
V. Explore additional ways to acknowledge and recogtnize sponsors
and donors.
vi. Continue to use park reservation fee schedules that provide cost
recovery balanced against needed services. Provide services to
Cite residents at lower costs than to non-residents.
vii. Continue efforts to involve the public in the allocation of and
request for funds.
viii. Idendfy funding for required maintenance and management
activities when considering acquisition of new parkland and
open space.
is. Where applicable, take into consideration the costs of pubic
safety services when considering acquisition of new parkland
and open space.
X. Consider voter approval to fund needed recreation facilities and
a recreation program.
xi. Financially assist, when able, youth sports leagues and other non-
profit recreation providers
xu. Make parks, trails, and open spaces universally accessible by as
many people as possible.
xi.ii. Provide public access to public open space in ways that protect
and preserve sensitive natural resources.
Cite of Tigard Coin prehcnsive flan
Page: 30
Author: Lisa
Subject: Cross-Out
Date: 10/22/2007 10:55:41 AM
xiv. Continue to seek the assistance of volunteer groups to help in
developing and maintaining parks, trails, and open spaces.
XV. Create volunteer opportunities and support those who want to
participate in malting ideas, projects, and events happen ui their
neighborhood parks.
xvi. Develop and apply administrative policies and procedures for use
of volunteer resources.
xvii. Continue to develop and implement specific management plans
and maintenance programs for the high level maintenance of all
of the City's park and open space lands.
xN-iu. Seel: opportutuides to introduce more environmentally-friendly,
science-based practices, including measures to increase re-
use and recycling programs, on-site Filtration, integrated pest
management, and other best management practices.
six. Develop and implement an urban forestry program to improve
the condition of Tigard's urban forest through effective
management decisions.
xx. Include annual resources surveys and monitoring in the. Cit~-'s
management of public open spaces and related natural resources.
xxi. Remove and control invasive species and noxious weeds in
natural areas:
xxii. Inform the public about maintenance and management
requirements for the City's various types of parks, recreation
flciliues, trails, and open spaces, as for example by posting
maintenance plans on the City webpage.
GOAL
8? Create a Cite-wide network of interconnected on- and off-road
pedestrian and bicycle trails.
• POL ICIES
I . The (pity shall create an intcrconriected regional and local system of on-
and off-road hails and parks drat lint: together neighborhoods, parks, open
spaces, major urban activity centers, and regional recreational opporrunities.
2. The Cite shall desigm and build greenway trails and baths to tnirtimize
their impact on the environment, including on rare and state and
federally listed species.
C omprehensive 1't.ui I City of Tiprd 8-9
PARKS, RECREATION, TRAILS AND OPEN SPACE
RECOMMENDED ACT.[ON MEASURES
i. Complete a trail system master plan to guide the development of
the trail system and facilitate progress toward its completion.
ii. Complete a Citywide inventory and prioritization of
opportunities for short pathway connections that increase bic%'
and pedestrian connectivity and complement the greemvav ,end
on-street bicycle/pedestrian systems.
iii. Develop trail standards for the many trail systems, ...zes, and
materials needed in different, settings.
iv. :Add to the park system master plan map:
a. The Tigard portions of two "regionally ~tgr~ificant" trails (the
Wes tside Trail (formerly, the Powerb..le Trail) and the Washington
Square Loop Trai.1); and
b. The on-and off-street route identified by the citizen groups that
connects the Waslungton )quarc Loop Trail. with the Portland
Urban Trail umber. , which ends at SW Dickinson and SW
C5'"N. Coordinate tram development and maintenance activities with
nat.11ral reso, *cc management objectives and activities.
Vt. Where a.-propriate, fur ush trails with amenities, such as
inter xetive and directional signage, benches, drinking fountains,
P, .1. ng and staging areas, and other services.
vii. Use automated systems to systcmatically rnap and document trail
casements, right-of-way dedications, proposed alignments, and
current trail locations.
GOA L
b.3 011"11 i -19.131ish-a-eerr prehe rrr -
, , ond
P4)4-_+-G4-r-;
1. The shall esp.-abligh pregeitni served by high lit
F. :1:
8-10 City of Tig:ud Comprehensive Plan
Page: 32
Author: Lisa
Subject: Cross-Out
Date: 10/22/2007 11:12:47 AM
IT
Author: Nick
Subject: Note
Date: 10/22/2007 11:14:02 AM
= )This cannot be done without a dedicated funding source and should not be in the Comp Plan
without one.
RECOMMENDED ACTION MEASURES
I. Develop an information program to.raise the public's awareness of the
importance of recreational facilities and programs to public well-being
and community livability.
ii. Identify potential partners, including school districts, special service
districts, private providers, etc., for the provision of recreation programs.
ii.i. W'ork with the community to assess appropriate elements for a
recreation program.
R
Comprehensive llhin City of l'igard 8-11
Agenda Item # 7
Meeting Date /I /OLW , 2007
COUNCIL AGENDA ITEM SUMMARY Gam' eZ4 -;W
City Of Tigard, Oregon 6,d667
Issue/Agenda Title Report on League of Oregon Cities Annual Conference
Prepared By: Craig Prosser Dept Head Approval: C '4P City Mgr Approval: CA
ISSUE BEFORE THE COUNCIL
Council Members will report to the public on the annual LOC conference head in Bend at the end of September.
STAFF RECOMMENDATION
Information only.
KEY FACTS AND INFORMATION SUMMARY
Four members of the City Council, the City Manager, and the Assistant City Manager attended the annual League of
Oregon Cities Conference held in Bend at the end of September. In addition, one citizen volunteer, Lisa Olson, also
attended the conference at her own cost.
This agenda item provides those who attended the conference the opportunity to share news and information that they
gathered at the conference.
In addition to the formal conference activities, Ms. Olson, Councilor Gretchen Buehner, and City Manager Craig
Prosser obtained a tour of downtown Bend redevelopment efforts. Ms. Olson and Councilor Buehner have put
together a PowerPoint of the downtown Bend redevelopment efforts and comparisons to Tigard's redevelopment
program. Ms. Olson, Councilor Buehner, and the City Manager ,will also share information from this tour with the
Council.
OTHER ALTERNATIVES CONSIDERED
None.
CITY COUNCIL GOALS
Continue to Support Implementation of the Downtown Plan
a. Pursue funding for projects
b.. Prepare for business/ developer recruitment