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City Council Packet - 11/27/2007 City of Tigard, Oregon • 13125 SWHall Blvd. • Tigard, OR 97223 TIGARD CITY COUNCIL MEETING November 27, 2007 COUNCIL MEETING WILL BE TELEVISED 1:\0fs0on na's\Ccpkt3 Phone: 503.639.4171 . Fax: 503.684.7297 , . www.tigard-or.gov 9 TTY Relay: 503.684.2772 F RD CITY COUNCIL and L CONTRACT REVIEW BOARD MEETING mber 27, 2007 6:30 p.m. IGARD CITY HALL 3125 SW HALL BLVD i 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 November 27, 2007 Page 1 AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 27, 2007 6:30 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 18, 25 and October 9, 2007 3.2 Receive and File: Notes from the October 30, 2007 Fifth Tuesday Council Meeting 3.3 Local Contract Review Board: a. Award Contract for a Systems Integrator of Record to Portland Engineering, Inc. and authorize the City Manager to Execute the Contract b. Award Contract for Design Services for the Greenburg Road/Highway 99W/ Main Street Intersection Project to W & H Pacific Corporation C. Award Contract for Classification/Compensation Study to Koff & Associates and Authorize the City Manager to Enter into a Contract for Professional Services to Conduct the Study 3.4 Approve Budget Amendment #7 to the FY 2007-08 Budget Increasing Appropriations by $66,040 in the City Administration Budget Within the Policy and Administration Program, to Reflect the Costs Associated with a Citywide Job Classification and Compensation Study - Resolution No. 07- 3.5 Approve Amendment #1 to the Intergovernmental Agreement with Metro Providing Tigard Police Department Support for the Enforcement of the Metro Illegal Disposal Ordinance and Establishing an Additional Full-Time Police Officer Position in the Police Department Budget; and Authorize the City Manager to Sign the Amendment • Consent 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. Tigard City Council and Local Contract Review Board Agenda November 27, 2007 Page 2 4. CONTINUATION OF LEGISLATIVE PUBLIC HEARING FROM THE TIGARD CITY COUNCIL MEETING OF OCTOBER 23, 2007 - COMPREHENSIVE PLAN AMENDMENT CPA2007-00001 - UPDATE OF GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR, WATER, AND LAND RESOURCES QUALITY; 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: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380,18.390; Comprehensive Plan 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. a. Continue Public Hearing b. Rules of Procedure: City Attorney C. Declarations or Challenges Does any Council member wish to declare or discuss a conflict of interest or abstention. d. Staff Report: Community Development Department C. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 07- 5. LEGISLATIVE PUBLIC HEARING - CONSIDER PLANNING COMMISSION RECOMMENDATIONS TO UPDATE COMPRHENSIVE PLAN POLICY 10.2.1 (CPA2007-00003) REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at h www.ti rd- or.gov city hallde artments cd/code amendment.asp LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). Tigard City Council and Local Contract Review Board Agenda November 27, 2007 Page 3 a. Open Public Hearing b. Rules of Procedure: City Attorney C. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention. d. Staff Report: Community Development Department e. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 07- 6. UPDATE ON THE COMPLETE COMMUNITY PROGRAM • Staff Report: Community Development Department 7. IDENTIFY 2008 LEGISLATIVE PRIORITIES • Staff Report: Administration Department 8. CONSIDER PURCHASE AND SALE AGREEMENT FOR TRUST FOR PUBLIC LANDS PROPERTY • Staff Report: Public Works Department • Council Discussion • Council Consideration: Motion to Approve the Purchase and Sale Agreement and Authorize the City Manager to Execute the Document 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS Tigard City Council and Local Contract Review Board Agenda November 27, 2007 Page 4 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. 12. ADJOURNMENT [:\ADM\Cathy\CCA\2007\071127p.doc Tigard City Council and Local Contract Review Board Agenda November 27, 2007 Page 5 COMMUNITY PUBLIC HEARING ITEM SPAPEI~S The following was continued by the Tigard City Council until Tuesday November 27, 2007 at 6:30 PM at the Tigard Civic Cen- 6605 SE Lake Road, Portland, OR 97222 • PO ter - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. The public hearing on this matter will be held under Title 18 and Box 22109 • Portland, OR 97269 rules of procedure adopted by the Council and available at City Phone: 503-684-0360 Fax: 503-620-3433 Hall or the-rules of procedure set forth in Section 18.390.060.E. Email: legals@commnewspapers.com Further information may be obtained from the City of Tigard Plan- ning Division (Staff contact: Darren Wyss) at 13125 SW Hall AFFIDAVIT OF PUBLICATION i , Blvd., Tigard, Oregon 97223 or by calling 503-639-4171. State of Oregon, County of Washington, SS COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00001 - Tigard Comprehensive Plan Update of Goals, Policies, and Rec- I, Charlotte Allsop, being the first duly sworn, ommendedAction Measures Pertaining to Statewide Planning Goal 6: Air, Water, and Land Quality Resources; Goal 8: Recreation depose and say that I am the Accounting Needs, and Goal 13: Energy Conservation- Manager of The Times (serving Tigard, REQUEST: Amendments to the current Comprehensive Plan Top- Tualatin & Sherwood), a newspaper of ics 3: Natural Features and Open Space; 4: Air, Water, and Land general circulation, published at Beaverton, in Resources Quality.; and 9: Energy by updating the goals, policies the aforesaid county and state, as defined by and recommended action measures to reflect current community ORS 193.010 and 193.020 that conditions and values. The complete text of the proposed Amend- ment can be viewed on the City's website at http://www.tigard- or.gov/code_ amendments. LOCATION: Citywide. ZONE: City of Tigard Citywide. APPLICABLE REVIEW CRITERIA: Community CPA 2007-00001 Development Code Chapters 18.380, 18.390; Comprehensive Plan TT11049 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. a copy of which is hereto attached, was Publish 11/8/2007 TT11049 published in the entire issue of said newspaper for 1 weeks in the following issues November 8, 2007 Chml lm#e, Charlotte Allsop (Accounting Mana er) November 8, 2007 NOTAR UBLIC FOR OREGON My commission expires ~/1~ , ~g(~~•~ Acct #10093001 OFFICIAL SEAL SUZETTE I CURRAN Doreen Laughlin NOTARY PUBLIC-OREGON City of Tigard MY COMMISSION EXPIRES NOV. 28, 2007 13125 SW Hall Blvd. Tigard, OR 97223 Size:2 x 4.25 Amount Due $70.97 'Remit to address above COMMUNITY NEWSPAPEI~S a CITY OF TIGARD 6605 SE Lake Road, Portland, OR 97222 • PO ® OREGON Box 22109 • Portland, OR 97269 Phone: 503-684-0360 Fax: 503-620-3433 Email legals@commnewspapers.com PUBLIC HEARING ITEM AFFIDAVIT O F PUBLICATION The folwing will be considered by the Tigard City Council on Tuesday, November 27 2007 at 7:00 PM at the Tigard Civic Cen-; State of Oregon, County of Washington, SS ter - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. ' Public oral or written testimony is invited. The public hearing on ad- 1, Charlotte Allsop, being the first dul this matter will be held under Title 18 and rules of procedure ad-, Y sworn opted by the'Council and available at City Hall or the rules of pro- ; depose and say that I am the Accounting cedure set forth in Section 18.390.060.E. The Planning Commis- Manager of The Times (serving Tigard, sion's review is for the purpose of making a recommendation to the Tualatin & Sherwood), a newspaper of City Council on the request. The Council will then hold a public general circulation, published at Beaverton, in hearing on the request prior to making a decision. the aforesaid county and state, as defined by Further information may be obtained from the City of Tigard Plan- ORS 193.010 and 193.020, that ning Division (Staff contact: Ron Bunch or Markus Mead) at 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503-. City of Tigard 639-4171. CPA 2007-00003 TT 11048 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 - LEGISLATIVE UPDATE: ANNEXATION POLICY a copy of which is hereto attached, was REQUEST: The City of Tigard proposes to amend Comprehen- published in the entire issue of said sive Plan Policy 10.2.1 as directed by City Council to make explicit newspaper for that annexation is required before property within its Urban Ser- vices Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive weeks in the following issues I Plan are consistent with City/County Agreements. Applicant's ma-. November 8, 2007 ! terials are available online at HYPERLINK "http://www.tigard-, or.gov/city_hall/departments/cd/code amendment.asp" http:// www.tigard-or.gov/city_hall/departm7ents/cd/codeamendment.asp LOCATION: Citywide. ZONE: The proposal is a Comprehen-1 sive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community- Development Code Chapter 18.390, Type IV tJ`(y Procedure; Tigard Comprehensive Plan Policies: General Policies Charlotte Allsop (Accounting Manage F) 1.1.1- Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals. 1 (Citizen Involvement), 2 (Land Use Planning), November 8, 2007 10,(H6using);11 (Pub1Y'c'1~a 4lities and Services) and 14 (Urbaniza- tion). Publish 1118/2007 TT'l T048 ' NOTARY UBLIC FOR OREGON My commission expires-'_1,1)V. i D Acct #10093001 OFFICIAL SEAL Doreen Laughlin SUZETTE 1 CURRAN K1 > r~ City of Tigard NOTARY PUBLIC-OREGON NG 13125 SW Hall Blvd. MY COMMISSION COMMISSION ONOV .373063 82007 /iUl Tigard, OR 97223 Size:2 x 6.75 Amount Due $112.72 'Remit to address above Change in Start-Time of Council Meeting Affidavit of Notification In the Matter of the Notification of a change in the Start-Time of the November 27, 2007 Council Business Meeting to 6:30 p.m. STATE OF OREGON ) County of Washington) ss. City of Tigard ) being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/ organizations by fax : Newsroom, The Oregonian (Fax No. 503-968-6061) and the following people/organizations by e-mail: Barbara Sherman, Newsroom, Tigard Times (bsherman@commnewspapers.com) Editor, The Regal Courier (Editor@TheRegalCourier.com) A copy of said tice being hereto attached and by reference made a part hereof, on the day of )2007 GL ' Signature of Person who Performed No W ation Subscribed and sworn (or affirmed) before me this day of woyew , 2007. OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON Signature of Notary ublic for Oregon `COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 4 11 CITY OF TIGARD NOTICE OF CHANGE IN START-TIME FOR THE NOVEMBER 27, 2007 CITY COUNCIL MEETING Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) Notice is hereby given that the November 27, 2007 Tigard City Council meeting will begin at 6:30 p.m. with a Business Meeting in Town Hall. For further information, please contact Deputy City Recorder Carol A. Krager by calling 503-718-2419. G° Deputy City Recorder Date: w Post: Tigard City Hall Tigard Permit Center Tigard Public Library mtg notice iAadm\cathy\counciNneeting notices\2007/071127 change in start time.doc 11/15/2007 10:01 FAX 503 639 1471 CITY OF TIGARD Z001 x~ TX REPORTm TRANSMISSION OK TX/RX NO 4667 CONNECTION TEL 503 968 6061 SUBADDRESS CONNECTION ID OREGONIAN ST. TIME 11/15 10:01 USAGE T 00'23 PGS. SENT 1 RESULT OK v d CITY OF TIGARD NOTICE OF CHANGE IN START-TIME FOR THE NOVEMBER 27, 2007 CITY COUNCIL MEETING Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) Notice is hereby given that the November 27, 2007 Tigard City Council meeting will begin at 6:30 p.m. with a Business Meeting in Town Hall. For further information, please contact Deputy City Recorder Carol A. Krager by calling 503-718-2419. Deputy City RecAri ord/er Date: Post. Tigard City Hall Tigard Permit Center Carol Krager From: Carol Krager Sent: Thursday, November 15, 2007 10:02 AM To: 'Editor@theregalcourier.com'; bsherman@commnewspapers.com Cc: Cathy Wheatley Subject: Notice of Change in Start-Time for November 27, 2007 Attachments: 071127Notice of Change in Start-Time.pdf Attached is a Notice that the Tigard City Council Business meeting of November 27, 2007 is scheduled to start at 6:30 p.m. (There will be no Study Session.) 1 CITY OF TIGARD NOTICE OF CHANGE IN START-TIME FOR THE NOVEMBER 27, 2007 CITY COUNCIL MEETING Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) Notice is hereby given that the November 27, 2007 Tigard City Council meeting will begin at 6:30 p.m. with a Business Meeting in Town Hall. For further information, please contact Deputy City Recorder Carol A. Krager by calling 503-718-2419. Deputy City Recorder e/1' Date: l/~/ • Jam'! ~0 Post: Tigard City Hall Tigard Permit Center Tigard Public Library mtg notice hadm\cathy\councifteeling noticesk2007/071127 change in start time.doc City of Tigard, Oregon Affidavit of Posting • ' In the Matter of the Proposed Notification of a Change in the Start-Time for the November 27, 2007 City Council Meeting STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, fl-, 14 M & -C , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon a copy of Notice of a Change in the Start-Time to 6:30 p.m. for the November 27, 2007 City Council Business Meeting. A copy of said Notice being hereto attached and by reference made a part hereof, on the / day of 200. Signature of Person who Performed Posting Subscribed an sworn (or affirmed before me this day of 20 OFFICIAL SEAL JILL M BYARS Si nature of otar Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 is adm\cathy\council\meeting notices\2007\071127 change in start time post aff.doc 1\ pit ri CITY OF TIGARD NOTICE OF CHANGE IN START-TIME FOR THE NOVEMBER 27, 2007 CITY COUNCIL MEETING Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) Notice is hereby given that the November 27, 2007 Tigard City Council meeting will begin at 6:30 p.m. with a Business Meeting in Town Hall. For further information, please contact Deputy City Recorder Carol A. Krager by calling 503-718-2419. Deputy City Recorder, Date: Post: Tigard City Hall Tigard Permit Center Tigard Public Library mtg notice iAadm\cathy\council\meeting nolices\2007/071127 change in start time.doc TIGARD CITY COUNCIL NOVEMBER 20, 2007 TIGARD CITY HALL RED ROCK CREEK CONT. ROOM 13125 SW HALL BLVD. , TIGARD OR 97223 Notice The Tigard City Council will Meet in an Executive Session at 6:30 p.m. on November 20, 2007 Prior to the Council Workshop Meeting The Tigard City Council will meet under ORS 192.660 (2) (e) - Real Property transaction negotiations. 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. Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419. Deputy City Recorder Date: 1/ / Q Post: Tigard City Hall Tigard Permit Center Tigard Public Library Agenda Item No. 3., t! = For Agenda of e4 dc, 2D69 TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD Meeting Minutes November 27, 2007 6:30 I'M 1. BUSINESS MEETING 6:32:06 PM 1.1 Mayor Dirksen called the Tigard City Council and Local Contract Review Board to order at 6:32 p.m. 1.2. Roll Call Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 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 6:32:58 PM • Tigard Area Chamber of Commerce Representative - President Meeks announced information about the Holiday Tree Lighting, which is on Friday, December 7, 2007 on Main Street. 6:36:03 PM ■ Steve Ahman, Tigard, OR introduced Conner Hunter, age 8, who plays on the Little League team that Mr. Ahman coaches. Mr. Ahman said Mr. Hunter would some day like to be Mayor and had an issue he would like to present to the City Council. Mr. Hunter asked the Mayor and Council if they would consider buying electric cars for the City to reduce pollution. Mr. Hunter also asked Mayor Dirksen if he would come to Metzger elementary school. Mayor Dirksen said he would be glad to come to the school if this was allright with the teacher and the school officials; in fact, he has visited Metzger School before. Mayor Dirksen Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 1 thanked Mr. Hunter for his suggestion about electric cars and advised that the City is buying hybrid cars to reduce pollution and for better gas mileage. Mayor Dirksen presented the visitors with City of Tigard logo pins and thanked them for attending the City Council meeting. ■ Phil Decker, "unincorporated Bull Mountain," expressed congratulations to the City Council for its policy to receive public comment at its meetings. In contrast he noted that the Tigard Water Board recently adopted a policy to forbid public comment at special meetings. Since July, 50 percent of the Board's meetings have been special meetings. Mr. Decker reported that he attended a Tigard Water District Regular Board meeting last night to ask questions about recent expenditures authorized by the Board. Mr. Decker said that the Board's annual income is $17,000 and in the first five months of the fiscal year, almost the entire year's income has been spent on litigation against the City of Tigard. Mr. Decker, when pursuing an answer to his question, said he was gaveled down and was told the Board would not respond to questions; he could only offer comments. Mr. Decker concluded his remarks and said it was great to be in an environment where the public was allowed to ask questions of the Tigard City Council. Mayor Dirksen thanked Mr. Decker for his comments. Councilor Woodruff added his appreciation to The Oregonian for last Sunday's section on the City of Tigard showcasing the positives of the Tigard community. He said he hoped the City could get a number of copies to distribute. 6:43:15 PM Mayor Dirksen reviewed the items on the Consent Agenda: 3. CONSENT AGENDA: 3.1 Approve Council Minutes for September 18, 25 and October 9, 2007 3.2 Receive and File: Notes from the October 30, 2007 Fifth Tuesday Council Meeting 3.3 Local Contract Review Board: a. Award Contract for a Systems Integrator of Record to Portland Engineering, Inc. and authorize the City Manager to Execute the Contract b. Award Contract for Design Services for the Greenburg Road/Highway 99W/ Main Street Intersection Project to W & H Pacific Corporation c. Award Contract for Classification/Compensation Study to Koff & Associates and Authorize the City Manager to Enter into a Contract for Professional Services to Conduct the Study 3.4 Approve Budget Amendment #7 to the FY 2007-08 Budget Increasing Appropriations by $66,040 in the City Administration Budget Within the Policy Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 2 and Administration Program, to Reflect the Costs Associated with a Citywide Job Classification and Compensation Study - Resolution No. 07-65 A RESOLUTION APPROVING BUDGET AMENDMENT #7 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN THE HUMAN RESOURCES BUDGET WITHIN THE POLICY AND ADMINISTRATION PROGRAM TO REFLECT THE COSTS ASSOCIATED WITH A CITYWIDE JOB CLASSIFICATION AND COMPENSATION STUDY 3.5 Approve Amendment #1 to the Intergovernmental Agreement with Metro Providing Tigard Police Department Support for the Enforcement of the Metro Illegal Disposal Ordinance and Establishing an Additional Full-Time Police Officer Position in the Police Department Budget; and Authorize the City Manager to Sign Amendment #1 Motion by Councilor Buehner, seconded by Councilor Wilson, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 6:45:39 PM 4. CONTINUATION OF LEGISLATIVE PUBLIC HEARING FROM THE TIGARD CITY COUNCIL MEETING OF OCTOBER 23, 2007 - COMPREHENSIVE PLAN AMENDMENT CPA2007-00001 - UPDATE OF GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR, WATER, AND LAND RESOURCES QUALITY; 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: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan 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. Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 3 a. Mayor Dirksen announced the continuation of this public hearing; the testiunony portion of the hearing was closed on October 23, 2007, and the City Council will now deliberate on this matter. 6:46:20 PM b. Associate Planner Wyss presented the staff report. • City Council reviewed the environmental quality chapter; those changes requested can be found in the Agenda Item Summary. These have also been incorporated into Exhibit A. • The discussion had concluded on the environmental quality. Now, review is needed for Parks, Recreation and Open Spaces Chapter and the Energy Conservation Chapter. C. City Council Discussion • Mayor Dirksen asked if City Council was comfortable with the language on Environmental Quality. Council members indicated that they were comfortable. The Mayor said he saw two things that he would asked the City Council to consider: o Under recommended action measures, Page 6-4, Action Measure No. iv: It is implied that this is about public transportation, but it doesn't actually say that anywhere. It just says "identify underserved neighborhoods" but it doesn't say underserved in what capacity. Mayor Dirksen recommended that the language read: "identify neighborhoods underserved by public transportation and seek improvement to service in these areas." There is an implication that if we are talking about seeking funding, that would be separate from TriMet taxes that we already pay. Consensus of City Council was to use Mayor Dirksen's revised wording. o Mayor Dirksen referred to "number 11," which is to develop an ongoing committee to evaluate a Tigard public transportation system. Mayor Dirksen said he recalled at the last meeting that the City Council asked for all three of the final action measures (9, 10, and 11) be struck. City Council agreed with Mayor Dirksen. o Associate Planner Wyss confirmed that these will be renumbered after adopted. • Energy Conservation o Mayor Dirksen advised he had no comments. o Councilor Sherwood referred to Page 13-3 and the following language, "the following land use planning strategies can result in a more energy-efficient community... developing a public transit system that is reliable, connected, and efficient..." Councilor Sherwood said "public transit system" means TriMet to her; however, she does not know what this would mean to other Tigard City. Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 4 people. She said we are not trying to do a new transit system; we are trying to provide the infrastructure for those transit systems. Mayor Dirksen said he was comfortable with the language because we do work with Tri-Met to improve service and create such a system. Even though we personally are not responsible for it, we certainly do work with them in partnership. o Councilor Buehner asked a follow up question. She asked Councilor Wilson if he had mentioned that at some point in the future we might look at doing our own transit system. It seemed to her that this would leave enough flexibility; should we leave this language flexible. Councilor Wilson said he thought the verb "developing" in the language was the problem. He would prefer language "support the development" or something like that. Councilor Sherwood agreed this would be better. Mayor Dirksen suggested "support a public transit system that is..." Councilor Wilson said that with regard to land use, that is what you are doing, you are supporting. Councilor Sherwood said she felt that we are not really developing a public transit system, but we support TriMet and the train going through here. o City Manager Prosser advised that the section City Council was referring to in the above paragraph is actually in the findings; this would not set the goal for the city. The lead-in is "the following land use planning strategies can result in a more energy-efficient community." Therefore, this is a finding and a general statement to lay the groundwork for the goals, policies, and action measures. Mayor Dirksen said that this means this is input that came out of the public process. Associate Planner Wyss confirmed Mayor Dirksen's statement and added this was a discussion by the Policy Interest Team about different activities that the City could undertake at some point that are general land use concepts to improve energy conservation. These are the two findings that set up the background for the policies that have been developed. Mayor Dirksen said that the problem might be the verb as referred to by Councilor Wilson; perhaps it is not needed at all. It is just recognizing that that land use strategy - a public transit system that is reliable, connected and efficient would be sufficient wording. (with the elimination of the one word). Councilor Buehner said there is a problem in that there is a gerund for every item except for this one; the language should be consistent in the language. Councilor Sherwood said she liked the Mayor's word, "support" to indicate that we are supporting a public transit system. There was agreement among the City Council after discussion to change the word from "developing" to "support." o Councilor Wilson referred to Policy No. 3, "The City shall requite future development to consider topography, vegetation, and solar access during the design phase to reduce demands on Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 5 heating, cooling...." Councilor Wilson said his concern is that the policy, as stated, is not always practical. Not every project will be able to adhere to this policy, especially for a single-family detached home, which is the predominant housing type in Tigard. To try orienting these structures in any way different than to the street would be unpractical. Councilor Sherwood advised she questioned the word "require" in this section. Mayor Dirksen said the wording does not indicate what level of consideration needs to be given. 6:56:41 PM It might consist of one sentence in the language governing the design process where the developer and the architect are asked if there was any way they could consider topography, vegetation and solar access to reduce demands. If the answer is "no," then they go on from there. Councilor Wilson noted reluctance at including this wording if it is not going be meaningful. In many cases people want to do the right thing, but there are so many complex factors involved. Councilor Sherwood suggested the word "encourage" be used and Councilor Wilson said this might be a good substitute as he thinks the word "required" is too strong. Councilor Buchner said she would like developers to consider this issue. She said most developers will analyze these considerations whether the City requires it or not; however, there are some developers who will not unless it is stipulated in the Comprehensive Plan and the Development Code. Councilor Buchner said she would feel more comfortable as we are trying to look at ways to be greener that we at least require everyone to take a look at those issues. She said she understands Councilor Wilson's concern that it is not feasible in a lot of situations, but she would like for it to be at least taken into consideration as a plat is set out for a subdivision. Councilor Buchner said she would like to see this issue addressed to give support to staff and the community to move toward green development. Councilor Woodruff commented that this wording is not under an action item. Councilor Wilson said it is a policy from which codes will be developed. Councilor Woodruff asked how would we assure that the developer considers this; does this have to be part of what is submitted in the development plan to show it was reviewed and state the reasons why it can or cannot be done? Mayor Dirksen said it might be just a question during the design review asking if this policy was considered. The developer would then justify why they "did or didn't." Mayor Dirksen said it would be different if it said "The City shall require development to utilize topography, vegetation, and solar access." They can consider it and then discard if it is unpractical. 7:00:06 PM Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 6 Mayor Dirksen said he agreed with Councilor Buchner; he would like to see this policy remain unless the City Council feels it "paints us in too tight of a corner." o Councilor Buchner asked if staff has a comment on the above discussion. Associate Planner Wyss advised the policy was deliberately written by the Policy Interest Team to consider; they were fully aware that not every development would be able to utilize solar access and concepts such as this. It would be up to staff to come up with a process to ensure that developments are considering this through the application process and the design review. Staff fully supports the statement. Councilor Wilson suggested the discussion move on. o Councilor Wilson referred to 6A, dealing with Leadership in Energy and Environmental Design (LEED). He said he was concerned, given the shelf life of the Comprehensive Plan that reference not be made to specify a private standard. It might be utilized, but he said LEED is relatively new - there are about 40 LEED certified buildings in Portland. Councilor Wilson suggested language allude to systems such as LEED as opposed to naming it. Mayor Dirksen said he learned at National League of Cities there is at least one other program. Councilor Wilson said we don't know if over the next 20 years if LEED will emerge ui the dominant position that it appears to have now. Councilor Wilson suggested wording, "such as LEED." He reiterated the specific reference should not be made. He offered another wording suggestion: "Encouraging private development to incorporate energy conservation programs into the design process." - or something similar, that is more generic. Councilor Buchner asked if it would be useful to say "such as LEED" to give it some context. Councilor Wilson said that would be fine if it helps people understand what you are after. He said he had trouble trying to define LEED in generic terms; Mayor Dirksen agreed. Mayor Dirksen suggested that the language be left as is, but after the parenthetic "LEED" include "and other accepted standards." Councilor Wilson said this would be fine. o Councilor Wilson referred to "D" and that it relates to his previous comment; sometimes this would be impractical. He noted the language says "support." 7:03:41 PM • In response to a question from Councilor Woodruff, Associate Planner Wyss advised the section encouraging water conservation will be included in the public facilities chapter. 7:03:57 PM • Goal 8, Chapter 8 - Recreational Needs Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 7 o Associate Planner Wyss advised that no changes have been made to the proposed language since forwarded by the Planning CoiTmussion. A couple of the policies were rearranged for different goals. o Under policies - Councilor Wilson said he thought 25 policies were too many. o Councilor Wilson referenced Policy No. 2, "The City shall acquire and, where appropriate, improve natural areas..." Most of the natural areas in Tigard are currently under private ownership. A lot of the wetlands are privately owned and for a long time the City had a policy of not accepting parcels that cannot be developed when a subdivision was subdivided. If this becomes a policy, you are placing requirements or purchasing property that cannot be developed. Councilor Wilson said he that these pieces would sometimes be acquired by the City. Mayor Dirksen said he also had a problem with No. 2. He said it is a laudable goal; however, it is not necessarily achievable. He noted his concerns with the language saying "shall acquire" within a half mile is not always possible. Councilor Wilson added that it is also not always necessary; there is a benefit if it is preserved, regardless of who owns it. Mayor Dirksen suggested that instead of the word "acquire" could we say "protect" or "preserve." Councilor Wilson suggested "shall preserve and where appropriate acquire and improve natural areas..." Council members agreed to the last statement. Associate Planner Roberts advised that the half mile was selected from a city survey for natural areas. o Councilor Wilson asked where the ideal of 11 acres of park land per thousand in population came from; what standard is this? Associate Planner Roberts said the 11 acres was from the Park Master Plan and is defined as the aspirational standard for park acreage within the City. The City now has a little less than 8 acres per 1,000 in population. 7:09:10 PM Councilor Wilson said he did not have a problem with this; he was only wondering where this "ideal" came from. o Councilor Wilson referred to No. 7, "The City shall ensure public safety as a major consideration in the design, planning, and management of parks and open space and trails." He said he designs parks and this is certainly a consideration, but he would not want to see public safety as the "major one." Associate Planner Roberts advised the Police Chief requested this. Mayor Dirksen said he would object if a trail could not be constructed if it could not be built to provide the "maximum security." Councilor Wilson agreed that safety should be kept in mind; this should be a consideration; just not a "major" consideration. Council members agreed to strike the word "major." o Councilor Wilson referred to No. 10 and said he did not understand what this meant: "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 recreation services, including park system master planning and City Comprehensive Planning efforts." Councilor Wilson said Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 8 while we are always appreciative of people who want to help, but this sounds as if we are trying to get uninterested people involved. Councilor Sherwood said she also had trouble with this language but she was less concerned when she read further to find the following wording: "The City shall continue to involve..." We already do this. Councilor Wilson said the number of polices should be shortened; some are redundant. Mayor Dirksen noted 16 and 23 are redundant and Councilor Wilson agreed. Councilor Wilson noted that volunteers are talked about later in the document and No. 10 could be struck. Associate Planner Roberts said this section was contained to reflect what we already do; for example, when we master plan a park, we always include a public involvement component. Councilor Wilson said this language could be simplified. Mayor Dirksen noted that No. 17 refers to the volunteers who actually go out and work in the parks and plant trees, improve trails, and things like that as opposed to being involved in planning. 7:12:56 PM Councilor Buehner pointed out there is a whole chapter on public involvement and questioned whether this should be in the public involvement chapter. Councilor Wilson said he thought it would be appropriate to say that when you plan a new park or any design work in a park that you involve the public. He said he just didn't understand the way it is worded. Councilor Wilson agreed to Councilor Buehner's suggestion to include this in the public involvement chapter as long as it is stated "any capital improvement has a public involvement process." Councilor Wilson said that this wording could be struck in this section so long as it is picked up in the public involvement section. Mayor Dirksen asked if the goal here is to condense the language. Councilor Wilson said no, he didn't understand what it was getting at - it was a little bit wordy. Councilor Woodruff commented that if we talk about the volunteers at large, this might be accomplished. He wondered if there was still place to call out the importance of the PRAB and the Tree Board as we look at this particular section. Councilor Sherwood noted that before she was on the City Council the park board had been dissolved and it was recently resurrected. Councilor Sherwood said wording should recognize the importance of the park board to emphasize this for future City Councils. Councilor Wilson offered wording to the effect of "In the Capital Improvement process, the Park and Recreation Advisory Board and the Tree Board as well as residents and businesses shall participate in the planning process." Councilor Sherwood clarified the wording could be "The City shall continue to involve its residents and businesses as active participants and partners in all aspects of providing park and recreational in more than the capital improvements. In response to a services." Mayor Dirksen suggested the first part of the sentence be shortened to say, "The City shall involve its residents..." In response to a question from Councilor Woodruff regarding PRAB, there was additional discussion Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 9 regarding whether PRAB should be specifically referenced since they are involved question from Associate Planner Roberts, Councilor Sherwood clarified the phrase of the sentence should be struck: including park system master planning and City Comprehensive Planning efforts." It was confirmed that the first part of the sentence should read: "The City shall continue to..." o Councilor Buehner said she agreed with Councilor Wilson in that the same thing is being said over and over again throughout the policies and these need to be consolidated and simplified. 0 7:17:10 PM Councilor Wilson said he thought that Nos. 12 and 13 could be consolidated. No. 16's only purpose seems to be to point to 23 and could be struck. Mayor Dirksen agreed. In response to a question from Councilor Sherwood, Associate Planner Roberts said the policies reflect the consensus of the unanimous agreement of the citizen group that put these together. They decided they should be detailed rather than general. Councilor Sherwood noted that some of the other sections of the Comprehensive Plan are not as detailed. 0 7:18:22 PM Councilor Buehner referred to Nos. 12 and 13 where it is said that we coordinate with other stakeholders and agencies and (in 13) building partnerships. These could be consolidated into one. The point is you want to have a policy that the City will work with private entities and governmental entities to look at opportunities to acquire and maintain open space and public facilities. It does not need to be said twice. 0 7:19:03 PM Councilor Woodruff referred to No. 19 where it seems the point of this is talking about providing high level maintenance; he said he was not sure that this goes with open space. He could understand this for parks and recreational facilities, but isn't this part of open space in that there is not a lot of ongoing maintenance. Councilor Wilson said there's not a lot, but there's some maintenance required. Mayor Dirksen said this covers active-use parks as well. Councilor Wilson said the level of maintenance would be appropriate to its need. 0 7:20:03 PM Councilor Wilson noted Policy 21 is similar to 17; it is recognizing the need for volunteers. Mayor Dirksen said he thinks 17 is phrased better. Council agreed to strike Policy No. 21. 0 7:20:33 PM Councilor Wilson said he thought Policy No. 20 could be phrased simpler. It says, "The City shall work with all elements of the community to provide and manage a fully functional urban forest." He suggested the following replacement wording: "The City shall seek to establish and manage a fully functional urban forest." 0 7:21:06 PM Councilor Wilson referred to Policy No. 22, which deals with Americans with Disabilities Act (ADA). He asked if the City has an ADA plan. Assistant Planner Roberts said we do and referred to the Parks Plan. Councilor Buehner said that ADA is the current law; there is nothing to say that it will not have a different name or a different law 20 years from now. She suggested a more general statement "to provide access to all City residents." Mayor Dirksen said this is a general comment that he has and noted Policies 23 and 24 as well - and questioned whether this kind of Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 10 specificity would be more properly in the City Code that comes out of this document as opposed to being stated in this document. He noted that 23 and 24 read like a law. Councilor Wilson noted he had this comment, too. Mayor Dirksen said he thought there could be a general statement made in 22, 23, and 24 referencing specific language would be included in the Code. 7:22:22 PM Councilor Wilson noted that ADA is already law anytime you do something new. He said he assumed that the plan has to do with retrofitting existing facilities. Councilor Wilson said he would like to highlight the importance of accessibility for facilities; this is a value we would have regardless of a law. If we can make this more generic, Councilor Wilson said he agreed the reference to "ADA" should be removed and just say "make it accessible. Associate Planner Roberts clarified the language should then read "shall continue to improve access to neighborhood parks and other facilities." Councilor Wilson said the language should be specific to people with disabilities so that it is understood what access means. Councilor Wilson and City Manager Prosser suggested the wording be along the lines of "improve access for all citizens regardless of ability." City Council members agreed with this last wording proposal. o Councilor Wilson said the reason you are not specific in a Comprehensive Plan is that you don't want to do a Comprehensive Plan amendment every time you want to tweak the criteria for accepting a donation. For Section 23, Mayor Dirksen suggested that all that is needed is the first sentence; the rest will require some memory because this information needs to end up in the code - we don't want to lose it - but it does not belong in the Comprehensive Plan. Councilor Wilson said you could say "Based on the criteria established in policy." Associate Planner Roberts said the reason the details were included here is because we don't have clear criteria at present. Often tunes when we evaluate potential donations, we do not have any standards to reference. The purpose was to establish clear standards for considering a donation of private property and dedication of lands to the City. City Council members agreed the detail should be in Code. Councilor Wilson and other City Council members thought there was a policy pertaining to donations. Associate Planner Roberts said there are "parts of policies." Councilor Wilson suggested wording: "The City shall develop and enforce a policy regarding criteria for acceptance of donations." Councilor Buehner said that it seemed to her that staff has already developed the language for the Code that will implement this Comprehensive Plan policy. o Councilor Wilson said the same premise as noted in the paragraph above can be applied to No. 24. Associate Planner Roberts recited the following proposed language to include the first sentence "Acceptance of any land donated for park purposes shall be based upon its usefulness and adaptability to the Park System Master Plan." City Council members indicated this wording is all right. Mayor Dirksen said that is all that would be needed. Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 11 o Mayor Dirksen suggested that on No. 24, we could combine the fast two sentences and say, "City-owned property may be used for private wetlands mitigation considered on a case-by-case basis." Associate Planner Roberts advised that this wording was from an ordinance the City Council adopted in 1996 and tends to be overlooked; people do not seem to be aware of it. Mayor Dirksen asked that when a situation arises, where does staff or anyone first look to find out what the guidelines are; do they look in the Comprehensive Plan or do they look in the ordinances. Associate Planner Roberts said he was aware of the ordinance, but was uncertain whether others were. City Manager Prosser said it sounded to him like the issue is ordinance versus code. If we were to follow the course that the City Council has taken on No. 23, we would have a general statement; we would not want to lose this, but it would be picked up when we redo the Development Code. Mayor Dirksen said the Development Code and city ordinances have the same weight. City Attorney Ram's confirmed the Mayor's statement. Councilor Buchner said sometimes there is an oversight in follow up and ordinances do not get incorporated into the Code. Councilor Buchner said she thought these were great ideas and suggested the language could be picked up and placed in the Code; the work is already done. Councilor Wilson said there are places where the ordinances and the Development Code have different standards; we have got to be careful when you have something in both that you don't "paint yourself into a corner." o Mayor Dirksen said No. 25 should be another letter under No. 24. We need to make sure this is in the Code; it is not needed here. o Councilor Buchner said Councilor Wilson's point is important. It would be helpful as we start to go into the code process for staff to help the City Council identify and update inconsistent language in current ordinances and code language. Mayor Dirksen said he would also encourage citizens who were involved in this process to stay engaged as the City conducts hearings for proposed ordinance and Code amendments. o Mayor Dirksen suggested wording for Policy No. 4 (similar to Policy No. 2): "Where the City shall develop neighborhood parks within.. Aocated within a half mile." We would endeavor to do this; however, the Mayor said he did not think the City could promise to do this, because it might not be physically possible. For that reason, Mayor Dirksen suggested that we change or add the phrase, "The City shall endeavor to develop neighborhood parks..." This would be a goal, but not necessarily something that we will be able to achieve. o Mayor Dirksen posed a question to the City Attorney on No. 8, "The City shall enforce park rules especially against loitering, harassment, and camping, and work to identify long-term solutions to these three ongoing park-use problems." He asked if we could legally do this. City Attorney Raimis advised there are limits on all these categories. It might be better to express this in a more general way to deal with public safety rather than Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 12 being specific as to which tools to use. Councilor Wilson suggested, "The City shall enforce public safety..." Councilor Buehner asked if Nos. 7 and 8 should be combined; No. 8 looks like it is a continuation of 7. Councilor Wilson said that No. 7 has to do with the design. Mayor Dirksen and Councilor Buehner noted that No. 7 also says, "and management." Councilor Buehner said she agrees with the policy. Staff suggested alternative language: "The City shall enforce park rules to protect safety." City Council members agreed this would be acceptable. Associate Planner Roberts noted there had been a committee concern about activities along Fanno Creek Trail. Councilor Buehner noted that if the language is too specific, you might get into Constitutional issues. • Action Measures o Councilor Woodruff noted that on No. 1, there was already some suggestion that we not give ourselves too much flexibility, but to try to review the Parks System Master Plan every five years instead of five to ten years. Councilor Buehner said she thought this was City policy anyway. Councilor Sherwood said she thought the second sentence is redundant. Council members agreed to delete the second sentence. Councilor Woodruff said this would tie the hands of other Councils, but he thought it would indicate the importance of a regular review. Mayor Dirksen asked if it would be better to rephrase the whole sentence to say, "Review and update the parks system master plan every five years." City Council members agreed with the Mayor's wording. o Councilor Woodruff referred to No. 10. 7:34:44 PM Councilor Sherwood advised she had noted, "consider ways to fund needed park and open space acquisitions and improvements." Funding might be through grants or partnerships with businesses - other ways to fund besides having an election. Councilor Wilson suggested, "Consider seeking voter approval..." Councilor Sherwood restated, "consider ways to fund needed park and open space acquisitions and improvements." Mayor Dirksen noted that there had been a recommendation from staff or the Planning Commission that stated, "Seek timely voter approval to fund needed park and open space acquisitions and improvements." This would still specify looking for voter approval; he asked if this was too specific. Councilor Sherwood said she thought there were other ways to fund parks. Councilor Woodruff said the PRAB wanted this language in here because they want to make sure this does not get placed on the "back shelf" Councilor Woodruff said he thought all of the City Council is committed to finding ways to expand our open space and, perhaps, recreation services. He said his only concern was that the policy we had was that we did not want any of these things to specifically indicate a date that something would be accomplished by, but that we were committed to doing something. Mayor Dirksen said that as he was reviewing this, he was comparing this document to the Constitution of the United States; he said he was trying to imagine a phrase in the Constitution stating "Institute regular mail service by January 1, 1797." Mayor Dirksen said this would not make any sense either. City Attorney Ramis said the analogy used between the Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 13 Comprehensive Plan and the Constitution is one that frequently used in discussions of these documents. Mayor Dirksen suggested the wording, "Seek timely voter approval to fund needed park and open space acquisition and improvement." Councilor Woodruff said this would not address Councilor Sherwood's concerns regarding the alternative ways to fund rather than just by voter approval. She offered again her wording, "Consider ways to fund needed park and open space acquisitions..." Councilor Buchner said she hears the concern and said that maybe we need to say more than just "encourage." She said she thought we need to make it a priority to look at funding sources. Mayor Dirksen suggested "commit to finding funding"; not say, "we'll try to." This funding might be through grants, partnerships, or to the voters. Councilor Woodruff suggested wording: "To find proactive ways to fund park and open space acquisitions and improvements." Councilor Wilson said this is similar to what No. 11 says. Councilor Buehner says she does not think we need both No. 10 and No. 11; she said the City should "commit to find funding for needed park and open space acquisitions..." and perhaps add "including alternative methods." If we say "commit," it willinclude both taxes and other methodologies. Council members noted that Nos. 13 and 14 are similar. Councilor Wilson pointed out that these are recommendations proposing some ideas for various sources of funding. Mayor Dirksen said the other alternative would be to have a single item and then list different types of funding to be sought. Mayor Dirksen said that he thought the Council was getting to the point where they were nitpicking and added that this language was proposed by the individuals selected to propose ideas; he did not see reason to rephrase. Council members agreed with the Mayor. 7:40:23 PM Council decided not to change the wording here. 0 7:41:15 PM Mayor Dirksen advised he had a question on No. 25, "Seek opportunities to introduce more environmentally friendly science-based practices..." He asked if this was referring to park land maintenance. Councilor Sherwood said she also had a concern with this. This needs to be defined. Associate Planner Roberts suggested inserting the following between science-based and practices: "maintenance practices." City Council members agreed to Associate Planner Roberts' proposed wording. 0 7:42:39 PM Councilor Buchner advised of that she would like to see the City be more aggressive about going after the invasive species with specific Code language amendments. We have a real problem with a variety of plants. Mayor Dirksen noted that we already have ordinances that require private property owners to control noxious vegetation. Councilor Buehner said the ordinances are not being enforced. The Mayor agreed, but the question is not whether we have the policy, it's that we have not enforced it as much as we could. Councilor Buehner said we need to be thinking about giving it more priority. In response to a question from Councilor Woodruff, Associate Planner Roberts advised that the Planning Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 14 Commission did not revise this section; the Planning Commission asked for a definition of "invasive," which was added to the glossary. Councilor Buchner asked if we are going to use the State definition for invasive; the State has two levels. She asked that staff be cognizant of that. Associate Planner Roberts said staff used the standard State definition; although he did not realize there were two levels. Councilor Buchner said there is an aggressive and an invasive; that is, one is more aggressively invasive than the other. She asked that the language be consistent with the State's. 0 7:45:58 PM Mayor Dirksen advised the Council would discuss Goal 8.2 at this time. Councilor Buchner said that she has been a long-time advocate to make use, where appropriate, of public streets and buying easements in common areas within private developments to connect parks. There is no policy for this. Councilor Buchner said it seems that is something that should be addressed within the context of this goal. Mayor Dirksen said that Policy No. 1 refers to Councilor Buchner's concept, although this policy does not address bicycles specifically. He said he had noted the need to talk more about bicycle trails; however, it occurred to him this might be more a transportation issue rather than a parks and recreation issue. He suggested that when the City Council reviews the Transportation System Plan that they consider a policy to de- couple the bicycle lanes/ transportation through the City from the street system. We wouldn't necessarily require bike paths on all City streets or collectors, but we there would be a network of bicycle paths throughout the city. Councilor Buchner said her proposal is to provide generic wording in this section advocating these links. We do not have any kind of policy whatsoever of whether we want to seek easements on private pathways to connect one park to another. She suggested that perhaps we need to put this in this policy and say "Yea or Nay" if this is something we want to do or not. Councilor Wilson agreed with Councilor Buchner that this would be worth mentioning. Mayor Dirksen asked if a phrase should be added to Policy No. 1 that says, "utilizing both public spaces and easements on private land." There were no objections to this wording. o 7:50:03 PM Councilor Wilson said that he has been somewhat concerned regarding placing a trail up the power line. That corridor is a significant wildlife corridor connecting with the river and farmland beyond, north through Beaverton. It is a corridor for deer and other wildlife. By introducing a lot of people on that corridor, you might impact the free movement of wildlife; this should be considered when a trail is built. Adequate hiding places should remain; public safety might actually contradict with wildlife concerns, but it should be considered in the design. Councilor Sherwood noted in No. 5 there is the following wording, "Coordinate trail development and maintenance activities with natural resource management objectives and activities." After discussion, it was Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 15 determined that policy 8.2 adequately covers this with regard to wildlife/trails. Associate Planner Roberts suggested adding the following language, "including wildlife corridors." City Council indicated agreement with the proposed wording by Associate Planner Roberts. o 7:52:41 PM Associate Planner Roberts requested exact phrasing on utilizing public and private lands. Mayor Dirksen advised the wording proposed was, "utilizing both public property and seeking easements on private property." • Goal 8-3 o 7:54:49 PM Mayor Dirksen suggested a recommendation for alternate wording for the goal. He said it sounds like our goal is to build a lot of facilities; this might be a policy or action measure to achieve a goal, but he did not think this was the goal itself. Mayor Dirksen recommended the following language: "Provide Tigard residents with access to a broad range of recreational, cultural and educational activities." This inight include building facilities. Councilor Wilson suggested changing the words "provide access" to "facilitate access. Mayor Dirksen said he proposed "access to" because it might mean, in some cases, facilitating partnerships with Tualatin Hills Park and Recreation or the City of Lake Oswego, or the State of Oregon, etc. Councilor Wilson and Mayor Dirksen discussed the wording. City Manager Prosser proposed that the Mayor's language be used, but at the end of the phrase say, "such as facilitation of partnerships with existing providers, direct services..." to give examples of the types of ways you could provide access. Discussion followed on the goal and how to word it. The Mayor said he would like to stand by his proposed wording; Councilor Wilson said he would concede. Councilor Woodruff suggested to continue the review of the policy statements and return to discuss this wording if needed. o Mayor Dirksen suggested for the first policy revising the language to, "The City shall endeavor to establish a comprehensive recreation program." City Council members agreed to this wording. Mayor Dirksen advised the goal is not to build facilities; the goal is to provide recreation to the citizen. Councilor Wilson asked if the Mayor has decided to support the establishment of a recreation program. Mayor Dirksen said that, strictly speaking, we already have a recreation program by supporting or offering a broad range of recreational and cultural activities. He referred to the current Library programs, partnership with Little League and Soccer Club, etc., including the use of City property. Mayor Dirksen said he does not think the language forces us beyond the point where we are now if the means do not exist to expand; however, it shows a desire to move forward and do a better job. Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 16 At Councilor Wilson's request, Mayor Dirksen restated the policy, "The City shall endeavor to establish a comprehensive recreation program." Councilor Wilson said he still needs to be convinced that Tigard residents will support this financially. Mayor Dirksen said he saw some alternative language that was recommended that says this would be more of an action measure rather than a policy and read, "Assess community interest in funding public recreation programs and facilities and, if supported, proposed associated measures for voter consideration." Councilor Woodruff said information would be coming to the Council on this in two weeks from the recent survey. Councilor Wilson said he has no problem with Policy No. 1 as the Mayor has stated to the extent that it could be done without money; for example, programs could be entirely user supported (funded). Councilor Buchner said she agreed with Mayor Dirksen's proposal. o 8:02:22 PM Mayor Dirksen suggested Policy No. 2 be rephrased to say, "The City shall identify funding to provide a broad range of recreational opportunities." Again, "facilities" would not be a word in this policy. 0 8:03:19 PM Mayor Dirksen said on the last Action Item - No. 5 - that we already work in financial partnership with a couple of the sports. The Mayor suggested the wording, "financially assist when appropriate" instead of "when able." There might be tunes when it is appropriate to go into a financial partnership. Councilor Woodruff said he agreed with Councilor Sherwood to say "assist when appropriate," as she would not want those programs to interpret this wording to mean that the City to has indicated that it would provide them with financial support. City Council agreed to strike the word "financially." Councilor Buchner said that we have to be aware that in theory we're going to be running into a "financial wall." We need to be cognizant of that as we develop this plan and not set ourselves up for a major problem. Mayor Dirksen said that because of the large amount of modifications the Council requested on the last chapter that, rather than approve it tonight, he would suggest that they allow staff to propose a draft and the Council would approve it at a later meeting after the Council has had a chance to review the draft. Councilor Wilson said he agreed. Councilor Buchner asked if the Council could approve the first two chapters because the there were minimal. Associate Planner Wyss said staff would prefer to adopt these all at one time as it would be easier to send out the final orders. Councilor Buchner said she was uncomfortable with this because this has been dragging along for a couple of months; this makes it look like we are not making any progress. After discussion, City Council agreed to the staff s recommendation to bring all the changes the Council discussed tonight all at one time. City Manager Prosser asked if the City Council had any concerns with the glossary. Councilor Sherwood said she was fine with it. Councilor Buchner said she wanted staff to make sure the invasive species issue is addressed with the current State code. Associate Planner Wyss said the glossary would be adopted at the end of the process. Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 17 Mayor Dirksen advised that the direction to staff is to make the recommended changes and submit a draft for Council review. There was discussion about when to schedule this to come to the Council for its consideration. The ordinance will be submitted for Council approval on December 11, 2007. 8:17:25 PM 7:30 I'M 5. LEGISLATIVE PUBLIC HEARING - CONSIDER PLANNING COMMISSION RECOMMENDATIONS TO UPDATE COMPRIJENSIVE PLAN POLICY 10.2.1 (CPA2007-00003) REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at hut): /www.tigard or. rov ci hallde Dar m - nts cd code amendment.as LOCATION: Citywide. ZONE: he proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the rules of procedure for the hearing. C. Declarations or Challenges: None d. Long Range Planning Manager Bunch introduced Planner Mead, who presented the staff report. A copy of the report is on file in the City Recorder's office. There was discussion prompted by a comment by Councilor Wilson regarding annexation when utilities, such as storm or sewer service connections, are requested by property owners developing land that is not contiguous to the city. 8:26:34 PM Long Range Planning Manager Bunch advised that contiguity is necessary for annexation unless we do a cherry-stem annexation. If a property is not contiguous but they want City services, then these properties need to work with other properties to annex to the City to be eligible for annexation. In the past, Long Range Planning Manager Bunch said he has worked in other jurisdictions where they used roadways or public easements to provide that contiguity. This is a policy that "Washington County has tended to frown upon." Regarding the waivers of remonstrance, there have been some issues associated with such waivers whereby people have signed them and then reneged on their signatures. It is difficult then to get them to annex. We don't want to go through this in Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 18 the future as it is difficult, time-consuming, and expensive. City Attorney Ramis said Long Range Planning Manager Bunch's summary was good and C, C, added that the problem with cherry-stem annexations and the use of right of way is one he expects will continue to be controversial into the future. There have been, at times, proposals in the legislature to limit annexations using these types of tools; however, for now, these tools can be used. Councilor Wilson asked if development might be limited if an adjacent, undeveloped property does not annex at the same time. Long Range Planning Manager Bunch concurred that development might be limited and said that if a property receives City services and is still in the County, and then the property would develop under Washington County standards. The objective is not only to assure lands that will become part of Tigard to annex to receive City services, but those lands that come into Tigard that need our services are developed under the City standards. Long Range Planning Manager Bunch agreed with Councilor Wilson's conclusion that water is not one of the services that would be considered a "City" service if the area is represented by the Tigard Water District. Long Range Planning Manager Bunch said it is an integrated water system and the services that we now focus on with regard to annexation are those with storm water services and City sewer service. Long Range Planning Manager Bunch confirmed Mayor Dirksen's understanding that in many locations development occurs outside the City because these properties can receive water and sewer from the service districts. In several locations, the only feasible provider is the City of Tigard. e. Public testimony. (City Recorder's note: Mr. Morgan sent an e-mail communication to the City Council on December 2, 2007 adiising the following testimoty was in error. He said that after reading the test of the amendment, he fozrnd that I was completely off base. " Ne apologised for his error. A copy of the December 2, 2007 e-mail from Mr. Morgavi is filed with the packet materials for this hearing held on November 27, 2007.) Isador Morgavi, Tigard, Oregon (unincorporated area) advised that the purpose of the meeting as stated in the Tigard Times (September 27, 2007 issue) is to consider amending the comprehensive plan regarding City services. He said he did not find a definition of "city services." He said the notice did not properly define the purpose of this meeting and that it is improper. He said if this is in reference to urban services, he calls attention to the formal opinion issued January 7, 2006, by legislative counsel David W. Hendrix that stated "requiring annexation as a prerequisite to approval for building permit was mcorrect....a general mandate of municipality of requiring to consent to annexation for providing extra-territorial service likely also requires legislative action." Mr. Morgavi said he has long called this "hostage annexation, the blackmailing of non-Tigard citizens to force compliance with rules and regulations arbitrarily unposed by the City of Tigard." Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 19 8:33:11 PM He challenged the concept that the City of Tigard provides any urban services outside of the City. Although the City does administer water distribution to the unincorporated areas of Bull Mountain, as well as Tigard, King City, and Durham and surrounding area. The actual provider is the Tigard Water District, under the auspices of the Intergovermnental Water Board. In this, he said he was supported by Counsel Hendrix' continued comments wherein he says, "Tigard does not deliver any urban services to the unincorporated Bull Mountain, but acts as an agent for the County and the Tigard Water District." He said he was disappointed to see what appears to be a renewal of an aggressive course of annexation that was taken in the past that created so much acrimony. Mr. Morgavi said that many had hoped that recent indications and statements by the City to behave in a more neighborly manner would become the norm. The current action questions that and may signal a renewal of the strife that has cost so many so much. 8:34:36 PM Mayor Dirksen noted there were a couple of legal questions posed by Mr. Morgavi. City Attorney Ramis advised he was reluctant to renew these debates as they have been discussed at huge lengths previously. The Mayor and City Council agreed to proceed and that no legal response appears to be necessary. f. Planner Mead said the staff recommendation is that the City Council adopt the policies as provided through the public hearing process. g. Mayor Dirksen closed the public hearing. h. Council consideration: Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt Ordinance No. 07-19. ORDINANCE NO. 07-19 AN ORDINANCE ADOPTING COMPREHENSIVE PLAN TEZT AMENDMENT CPA2007-00003 - TO AMEND COMPREHENSIVE PLAN URBANIZATION POLICY 10.2.1 TO ENSURE IT IS RELEVANT TO CURRENT CONDITIONS AND CIRCUMSTANCES; MORE PRECISELY STATES THE CITY'S POLICY REGARDING THE REQUIREMENT FOR ANNEXCATION PRIOR TO RECEIPT OF CITY SERVICES, AND CORRECTLY REFERENCES THE STATE'S PROCESS OF DECLARATION OF HEALTH HAZARD Council discussion: Councilor Buchner said it is important that the public is aware that this is cleaning up one last thing that was left over from the years when Tigard was doing planning for the unincorporated area on Bull Mountain. There were areas where the City did do planning and provided City services in Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 20 exchange for a non-remonstrance agreement. Since we are no longer doing planning for the unincorporated areas, it is not appropriate for the City of Tigard to include this language anymore; this is basically housekeeping to revise language now that the contract with the County has been terminated. Councilor Wilson added that it does not represent any new, aggressive policy. Councilor Sherwood noted the policy of the City still stands; annexation is voluntary. Councilor Woodruff noted he was sorry that Mr. Morgavi left the meeting, this act does not change the City's position; the ordinance does not represent a more aggressive annexation policy whatsoever. The City remains supportive of annexation and provides incentives for annexation. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 6. UPDATE ON THE COMPLETE COMMUNITY PROGRAM City Manager Prosser presented the staff report. The program has been discussed by the City's Executive Staff and identifies the essential elements or characteristics of a community that meets all the needs of its citizens. A copy of the slide showing the components identified is on file in the City Recorder's office. The complete community addresses environment, community identify, transportation, neighborhood vitality, economic vitality, safety, educated and involved members, and culture and leisure resting upon a financially sound and accountable city government base. Council members commented on this concept and all expressed support noting the value in building a stronger team, providing the opportunity for departments to consider their contributions to areas they might not otherwise think about, and providing a framework to gain perspective. It was suggested that the "educated and involved" component be changed to "informed and involved." The Comprehensive Plan update will allow the city to integrate these concepts without creating a separate policy. Sustainability is an attitude and a state of mind. Ideas were discussed about how this could be introduced in the Cityscape to invite public comment and interaction. City Manager Prosser advised that this will also be posted on the web site. 9:04:38 PM 7. IDENTIFY 2008 LEGISLATIVE PRIORITIES Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 21 Assistant City Manager Newton reviewed the information relating to some of the issues that the City Council identified during its discussion on October 16, 2007. Staff members prepared brief summaries of those issues. The staff report contains a list of the issues and the recominendations of the staff. Assistant City Manager Newton asked for City Council direction on any of the issues to take forward to our legislative delegation or issues staff might have missed. Another issue that will be coming to the forefront concerns foster-care children. Councilor Sherwood said she heard the affordable housing document recording fee is not going to be on the 2008 Legislative Agenda. From her observations, she suggested that staff not waste a lot of time on this matter. There are others who are still working on this issue. Assistant City Manager Newton commented she had heard that this is being "set up" for 2009; she said staff could communicate how this might help Tigard residents and make sure that Tigard's position is clear. Mayor Dirksen said it would not hurt to bring this before our delegation so that it stays "on the front burner." Councilor Sherwood said both our delegates were in favor of this proposal and were leading the way; however, it got "hung up" on the word "fee" versus "tax." Councilor Woodruff said he thought staffs list included the items City Council talked about. Surely there will be other things that will come up that we'll obviously want to stay on top of; he thought the list was good. Assistant City Manager Newton recapped: o Transportation - a priority o Infrastructure funding - not as much of a priority o OWIN - City Council wanted more information and City Council indicated they now had a good understanding o Water storage grants - this is not particularly applicable to the COT, but the City will monitor it. Mayor Dirksen noted that we are already working on this; Assistant City Manager Newton indicated staff will monitor and look at directions that the legislation might take that could benefit City of Tigard. o `Big Look" Funding - Representative Galizio brought this up when annexation issues were under review. Urbanization issues might be addressed with the "Big Look" funding. o The City is opposed to pre-emption of local revenue sources. Councilor Sherwood advised that when attending the League of Oregon Cities Conference, Rick Metzger talked about transportation funding and getting ready for 2009. Mayor Dirksen said it often takes more than a year to get issues to the forefront; therefore, we need to make the legislators aware of Tigard's concerns now so there will be a better chance of Tigard projects attaining some priority in 2009. Assistant City Manager Newton advised that she and City Manager Prosser have been working with Washington County (Dennis Mulvihill) on ways that we can work together to address this transportation funding issue. Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 22 Councilor Buchner commented on the "Big Look" issue. When the annexation work groups were meeting last session, everyone was saying many issues were under the purview of the "Big Look." She said she was very concerned that, as we go through the session and look at funding there also be a review of the scope of the job for the future because there were so many modifications, suggestions and amendments that were floating around - and they all "fell through the crack" because of the lack of funding. She said she is concerned that we keep updated on the status and, if necessary, do some "gentle pushing" of our own representatives. Assistant City Manager Newton said it would be a good thing to obtain the "scope" and refer it to the City Council for a brief discussion and to make sure we are following through on any amendments or adjustments. Mayor Dirksen suggested the document be made available for the City Council to review and City Council members advise if they have any concerns or questions. 9:11:57 PM 8. CONSIDER PURCHASE AND SALE AGREEMENT FOR TRUST FOR PUBLIC LANDS (TPL) PROPERTY Public Works Director Koellermeier presented the staff report as well as several slides, which are on file in the City Recorder's office. This four-acre piece of property was annexed into the City of Tigard in May 2007 and ranked high on the City's list of potential properties to be purchased for parks and green space. Staff and TPL representatives have had discussions regarding the City's purchase of the property. An appraisal and level one environmental review of the property were conducted. The property appraised at $390,000 and TPL has agreed to sell the property for that amount. The City Attorney's office drafted a Purchase and Sale Agreement to be signed by the City Manager, which has been reviewed by the TPL staff. TPL is expected to execute the Agreement by November 21, 2007. Mayor Dirksen commented that the City has long recognized that this area is park-land deficient. He said he is pleased that the City has been able to achieve assembling park land for this area for the Tigard residents on Bull Mountain. Councilor Wilson also noted that the property under consideration for purchase is one of the last treed spaces in this area. He said he thought the price was fair, noting that the property is buildable. Councilor Buehner said this would also benefit neighbors outside of the city. In response to a question from Councilor Woodruff, Public Works Director Koellermeier said that no plans have been made yet for development of the park property; he said it would make sense to develop a master plan for the parcel. A portion of the property is to be used for utilities. Motion by Councilor Wilson, seconded by Councilor Woodruff, to approve the purchase and sale agreement and authorize the City Manager to execute the documents. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 23 Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS Administrative Items: • TVF&R - Lunch at the Library Community Room at Noon on November 28, 2007. • Select Date for Goal Setting Meeting - City Manager Prosser asked the City Council members to send dates they would be available for a goal setting meeting and a team building workshop. 11. E~ZECUTIVE SESSION: Not held. 9:22:12 PIVI 12. ADJOURNMENT Motion by Councilor Buchner, seconded by Councilor Wilson, to adjourn. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes a,4 rq~ Catherine Wheatley, City Recorder Attest: P Mayor ity of Tigard- Date: - i ~;k 1 0 19 I:\ADM\Cathy\CChI\2007\071127 final.doc Tigard City Council and Local Contract Review Board Meeting Minutes - November 27, 2007 Page 24 City of Tigard, Oregon 44 Affidavit of Posting In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, io 11 id A, , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the follow' g public and conspicuous places, a copy of Ordinance Number(s) O , which were adopted at the City Council meeting of 7 .2007, with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the L IQ of 0 0e L IQ 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 Pos ' g Subscribed and sworn or affirmed) before me this day of I1~~9 V-~ .20 QZ. OFFICIAL SEAL. JILL M BYARS NOTARY PUBLIC-OREGON Signature of Nota Public for Oregon COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 \\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC 1 . CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.07- p v( AN ORDINANCE ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT CPA2007- 00003 TO AMEND COMPREHENSIVE PLAN URBANIZATION POLICY 10.2.1 TO ENSURE: IT IS RELEVANT TO CURRENT CONDITIONS AND CIRCUMSTANCES; MORE PRECISELY STATES THE CITY'S POLICY REGARDING THE REQUIREMENT FOR ANNEXATION PRIOR TO RECEIPT OF CITY SERVICES, AND CORRECTLY REFERENCES THE STATE'S PROCESS OF DECLARATION OF HEALTH HAZARD. WHEREAS, Comprehensive Plan Urbanization Policy 10.2.1 was adopted in 1983 and its update is necessary to make it relevant to current conditions and circumstances and to provide a reliable guide for decisions related to annexation of unincorporated lands and associated provision of city services; and WHEREAS, The Tigard Planning Commission held a public meeting on October 15, 2007, and recommended approval of the proposed CPA 2007-00003 (with minor revisions) by motion and with unanimous vote; and WHEREAS, On November 27, 2007, the Tigard City Council held a public hearing to consider the Commission's recommendation on CPA 2007-00003, 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 change the text of the Policy as shown in "EXHIBIT A." SECTION 2: The findings and conclusions contained in the Staff Report dated September 27, 2007, the Planning Commission meeting minutes for October 15, 2007, are adopted by reference ("EXHIBIT B", and "EXHIBIT C" respectively). 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 UnCLn )moU.S vote of all Council members present after being read by number and title only, thisa7 _ day of Noy .t'Yl. b ph , 2007. cattq~ yl-e. Catherine Wheatley, City Recorder ORDINANCE No. 07- / q 1 1:\I.RPIN\Comcd Matnials\2007\11-27-07 ATTACH 1 -COUNCIL ORDINANCE CPA2007-00003.doc f 4_1 APPROVED: By Tigard City Council this -day of ✓Lm bg~l' , 2007. Craig Ddksen, Mayor Approved as to form: V~ 2 City Attorney /V o Y~e/r ber g, ~c Date ORDINANCE No. 07- 2 IALR1'1-N\C0mcil Materials\2007\1147-07 ATTACH 1 -COUNCIL ORDINANCE CPA2007-00003.doc Exhibit A CPA 2007-00003 Exhibit A: Amendments to the Text of Comprehensive Plan Urbanization Policy 10.2.1 10.2.1 The City shall not approve the extension of City services except: a) Where applications for annexation for those properties have been subinitted to the approved by the City; b) In circumstances where applicable state-or and County health-ageney agencies figs have declared a potential or eminent health hazard pursuant to ORS for 431.705 to 431.760 (health hazard annexation or district formation). Key: indicates language to be deleted from the original policy. Bold indicates language to be added to the original policy. 1:\LRPLN\Council Materials\2007\11-27-07 Exhibit A CPA2007-00003 Amendments to Text of Policy 10.2Ldoc Exhibit B Agenda Item: Hearing Date: November 27, 2007 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON D 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE ANNEXATION POLICIES FILE NO.: Comprehensive Plan Amendment (CPA) CPA2007-00003 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 OWNER: N/A PROPOSAL: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 to: 1) Be clear that for property to receive City Services, annexation applications must be approved by the City; 2) That non-remonstrance agreements are not viable substitutes for annexation when City services are required; 3) Accurately reflect that state and County health agencies have a role in declaring potential or imminent health hazards; and 4) Ensure the City's Comprehensive Plan policies are consistent with City and County Agreements. LOCATION: Citywide (City of Tigard) ZONING and COMP PLAN DESIGNATION: The proposal is a Comprehensive Plan Text Amendment. It is not applicable to a specific property or group of properties. It is a statement of policy intended to update the City's position that property within the unincorporated urban services area is required to annex in order to receive City Services. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure. Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen involvement 2.1.1; Public Facilities and Services 7.4.1., Metro Functional Plan Not Applicable., Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning) and 11 (Public Facilities and Services). SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend that the Tigard City Council amend the Tigard Comprehensive Plan by adopting the proposed amendments to Policy 10.2.1 as determined through the public hearing process. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 1 OF 9 LEGISLATIVE COMPREHENSrVL; PLAN AMENDMENT SECTION III. BACKGROUND INFORMATION Project History During City Council's consideration of the City's annexation policies and practices in January, February and March 2007 it was noted that Comprehensive Plan Policy 10.2.1 pertaining to annexation and the provision of City services required amendment. This amendment is necessary to make the policy consistent with current City-County Agreements and practices. Also, the current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency, non- remonstrance agreements and outdated health hazard declaration processes. Proposal Description The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation approval is required before property within Tigard's Urban Services Area but outside the City limits can receive City Services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City and County Agreements. The proposed policy amendments are as follows: Proposed Policy 10.2.1 Bold indicates proposed new language and strAte through indicates language proposed to be deleted.) services except. The City shall not approve the extension of City g4ffff a) Wlhere applications for annexation for those properties have been s*bmimed to ~e approved by the City; or b) In cirnumstances where applicable state or and county health agen agencies has have declared a potential or imminent health ha.Zard pursuant to QRs 431.705 to 431.760 (Health Hazard Annexations or District Formation SECTION IV. SUMMARY OF REPORT 4. Applicable criteria findings and conclusions a) Tigard Community Development Code i) Chapter 18.390 b) Applicable Comprehensive Plan Policies i) 1 General Policies ii) 2 Citizen Involvement iii) 7 Public Facilities and Services c) Applicable Metro Standards i) None Applicable d) Statewide Planning Goals i) 1 Citizen Involvement ii) 2 Land Use Planning iii) 11 Public Facilities and Services 5. City Department and outside agency comments a) Clean Water Services comments STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 2 OF 9 LEGISLATIVE; COMPREF-IENSIVE PLAN AMENDMENT SECTION V. APPLICABLE CRITERIA AND FINDINGS APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Community Development Code Chapter 18.390.060, Type IV Procedure. 18.390.020.B.4 Types Defined. 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: This chapter establishes standard decision-making procedures for reviewing applications. Section 18.390.060.E states that the recommendation by the Commission, and the decision by the Council, shall be based on consideration of the following factors including: 1) Statewide Planning Goals, 2) applicable federal or state statues or regulations, 3) applicable Metro regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Therefore, the relevant procedures are satisfied and this criterion is met. Conclusion(s): Based on the analysis above, staff finds that the proposed amendment satisfies the applicable review criteria within the Tigard Community Development Code. APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies 1.1.1 The City shall ensure that.• A. This comprehensive plan and all future legislative changes are consistent with the statewide planninggoals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Findings: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. The existing Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission. Furthermore the City has adopted specific Community Development Code amendments to comply with the applicable land use titles of the Metro Functional Plan, specifically: Title 1, Requirements for Housing and Employment and Housing Accommodations; Title 2, Regional Parking Policy; Title 3 (Metro Code Sections 3.07.310 - 3.07.370) - Water Quality, Flood Management.and Fish and Wildlife Conservation; Title 4 (Metro Code Sections 3.-07.410 - 3.07.440) - Industrial and Other Employment Areas. The proposed amendment language does not alter the Comprehensive Plan in a manner that compromises the Comprehensive Plan's compliance with the Statewide Planning Goals or the Metro Functional Plan. The amendment does not compromise the City's current acknowledged status of the City's Plan with the Statewide Planning goals. Neither does this amendment affect the City's compliance with Metro Titles. It does not affect or have bearing on housing or employment capacity; parking standards; water quality, flood management or wildlife conservation or industrial or employment areas. Changes to the policy are essentially house-keeping items intended to accomplish the following: 1. Reflect the current condition that Tigard controls sewer collection lines and local storm water management facilities instead of Clean Water Services (previously Unified Sewerage Agency). Thus the proposed policy references services in general instead of just "Unified Sewerage Agency STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 3 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT lines"; 2. Be clear that for property to receive City Services, annexation applications must be approved by the City; 3. That non-remonstrance agreements are not viable substitutes for annexation when City services are required; 4. Accurately reflect that state and County health agencies have a role in declaring potential or imminent health hazards, and 5. Ensure the City's Comprehensive Plan policies are consistent with current City and County Agreements. Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with Comprehensive Plan Policy 1.1.1 (A). C. The Tigard Comprehensive Plan and Community Development Code are kept current with the needs of the community. Findings: This policy section requires the Comprehensive Plan and Community Development Code to be kept current to address the needs of the Community. The findings enumerated 1 - 5 above illustrate the conditions that require the policy to be "modernized." Changing the policy as proposed addresses all five of the above factors that changed since the policy was adopted in the mid 1980s. Conclusion(s): Based upon the above findings it is concluded that the proposal is consistent with Comprehensive Plan Policy 1.1.1 (C). Policy 2 - Citizen Involvement 2.1.1 The City shall maintain an ongoing citi.Zen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Findings: These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort, and that information on land use planning issues shall be available in understandable form for all interested citizens. This matter was discussed in a public forum at noticed Council Meetings as noted above. This discussion was broadcast on public access cable television accessible by the general public. Public hearings to consider this matter are required before the Planning Commission and City Council. Notice of the Planning Commission's public hearing was posted in the Tigard Times pursuant to Tigard Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice will again be published per the TCDC prior to the City Council public hearing. The published public notice invites public input and includes the phone number of staff 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. Letters were also sent to individuals on the City-maintained interested parties list. There has been no public comment up to the time of staff report composition. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 4 OF 9 LEGISLATIVE; COMPREHENSIVE PLAN AMENDMENT Conclusion(s): Based on the above findings that this matter was discussed first in a public forum, and that various media, television, print and internet, provided access to relevant information and opportunity to comment, it is concluded that the application is consistent with Policy 2.1.1 It is further concluded that the proposal conforms to Policy 2.1.1 because the City has followed all its requirements to provide notice and comply with public hearing requirements to ensure public access to the decision- making process. Policy 7 - Public Facilities and Services 7.4.1 The City shall.- B. Require that future extensions of collector sewer lines shall be consistent with all City ordinances and agreements between the City of Tigard, lYlashington County and the Unified Sewerage Agency (USA); and Findings: This policy requires service extensions to be consistent with City ordinances, and agreements with Washington County and Clean Water Services. The current policy contained language inconsistent with current circumstances such as referencing the Unified Sewerage Agency (which is now Clean Water Services) non-remonstrance agreements and outdated health hazard declaration processes. Therefore it is found that the policy needs to be modernized to be consistent with the more recent City-County Agreements. It is important to note a key difference in the proposed policy's wording and the previous policy is that "annexation must be approved" before needed City services can be provided. This language clears up any ambiguity, to ensure that timely and logical service provision can be made by the City. It is found that the proposal better implements the City-County Tigard Urban Planning Agreement (UPAA) and the Tigard Urban Services Area Agreement (TUSA). In the most basic sense the Urban Planning Area Agreement states that the City is the ultimate urban service provider for all territory within the delineated Tigard Urban Service Area as required by state law (ORS 195). Conclusion(s): It is concluded that the proposed amendment is consistent with City ordinances and applicable City-County intergovernmental agreements. APPLICABLE METRO REGULATIONS: Metro Functional Plan: Findings: The Metro Functional Plan is not applicable to this application. The application does not affect those Titles that pertain to Tigard. The proposal does not have bearing or amend the City's housing or employment targets per Title 1. It does not affect regional mobility or traffic issues per Tide 2. It is not relevant to water quality, flood management or fish and wildlife per Title 3. The application does not specifically affect industrial or employment areas per Title 4. Neighboring cities and/or rural reserves in Title 5 will not be affected by this proposal. The application is not relevant to designated centers per Title 6. The proposal does not affect housing affordability per Title 7. No compliance procedures per Title 8 are relevant to this proposal. Performance measures per Title 9 are not affected by this amendment proposal. The proposal does not change any definitions per Title 10. The proposal is not planning for a new urban area per Title 11. The application does not alter residential neighborhoods per Title 12. Therefore, these criteria are not applicable. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 5 OF 9 LEGISLATIVE COMPRI?HENSNE PLAN AMENDMENT Conclusion(s): Based on the analysis above, staff finds that the Metro Functional Plan is not applicable to the proposed amendment. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 6 OF 9 LEGISLATIVE COMPREHENSTVF3 PLAN AMENDMENT THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goals 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 matter was discussed in a public forum at noticed Council Meetings as noted above. At this time the discussion was broadcast on public access cable television accessible by the general public. Public hearings to consider this matter are required before the Planning Commission and City Council. Notice of the Tigard Planning Commission's public hearing was posted in the Tigard Times pursuant to Community Development Code (TCDC) Article 18.390.060.D on September 27, 2007. Required notice will again be published per the TCDC prior to the City Council public hearing. The published public notice invites public input and includes the phone number of staff 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. Letters were also sent to individuals on the City maintained interested parties list. There has been no public comment up to this time. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. Therefore, citizen involvement requirements for the proposed Comprehensive Plan amendment have been met. Statewide Planning Goal 2 - Land Use Planning: This goal outlines Oregon's land use planning process and policy framework. Land use decisions are to be made in accordance with a Comprehensive Plan and implementing ordinances. These Plans should be based on factual information and be periodically updated. Findings: The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires that it be consistent with any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City implementing ordinances. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. As proven above all applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 11- Public Facilities and Services This goal calls for efficient planning of public services such as sewers, water, law enforcement, and fire protection. 1 The proposed amendment makes explicit that annexation is required before property within Findings Tigard's Urban Services Area, but outside the City limits, can receive City Services. This proposal will assure that properties annexed by the City of Tigard have sufficient access to City services. In this way an orderly and efficient arrangement of public facilities and services can be provided. Therefore, this amendment makes for more efficient planning of public services, and this goal is met. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 7 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard Police Department has had an opportunity to review this proposal and has no objections. The City of Tigard's Building Division and City of Tigard's Public Works had an opportunity to review this proposal and did not respond. SECTION VII. OUTSIDE AGENCY COMMENTS Oregon Department of Land Conservation and Development and Metro were notified of the proposed amendments and did not respond. Tualatin Valley Fire & Rescue and the Tualatin Valley Water District were notified of the proposed amendments and did not respond. Clean Water Services responded to the request for comments as follows: • "We recommend following the provisions of the current Design and Construction Standards (currently R&O 07-20, available on line at: http: / /clean water services.org.PermitCenter/DesignConstruction/Update/default.aspx) for all issues relating to development, vegetated quarterlies, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. • We recommend following all applicable sections of the January 2005 Intergovernmental Agreement between the City of Tigard and Clean Water Services." Staff Response: Clean Water Services is aware that the City is the designated service provider within this area and that if City Services are needed, annexation is required. The agency's first comments are applicable to the actual design and construction of city sanitary sewer facilities that would be needed to serve development within the Tigard Urban Services Area. They are not applicable to the actual policy changes being proposed. Clean Water Services and the City entered into an intergovernmental agreement in 2005 that specifies the responsibilities of the District and the City for the performance of specific functions relating to operation and maintenance of the sanitary and storm sewer and surface water systems. These matters do not address the policy matters associated with the proposed Comprehensive Plan Amendment. The Clean Water Services-City of Tigard Intergovernmental Agreement focuses on engineering, design, maintenance, funding and operational issues. It applies both to the incorporated, and unincorporated, portions of the Tigard Urban Services. Therefore, the District's second comments are not applicable to the proposed policy amendment. SECTION VIII. CONCLUSION Staff concludes that the proposed changes comply with the applicable criteria of the Tigard Comprehensive Plan Statewide Planning Goals, Metro regulations, and applicable provisions of the City's implementing ordinances. Therefore, it is recommended that the Planning Commission recommend to City Council that it adopt the proposed Comprehensive Plan Text amendment as determined through the public hearing process. STAFF REPORT TO THE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 8 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMPREHENSIVE PLAN. September 27, 2007 PREPARED BY: Markus Mead DATE Long Range Planning Intern September 27, 2007 APPROVED BY: Ron Bunch DATE Assistant Community Development Manager File: I:\LRPLN\COMPPLAN\VolumeII\CPA\2007-00003\Staff Report\CPA2007-00003 Staff Report_09.26.2007_Final.doc STAFF REPORT TO TI IE CITY COUNCIL CPA 2007-00003 ANNEXATION POLICY PAGE 9 OF 9 LEGISLATIVE COMPREHENSIVE PLAN AMENDMENT Exhibit C I CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 15, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 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 (arrived at 7:30), Vermilyea, and Walsh Commissioners Absent: Staff Present: Ron Bunch, Assistant Community Development Director; Sean Farrelly, Associate Planner; Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Commissioner Caffall reported that the Committee for Citizen Involvement is currently seeking new members for the committee. Commissioner Walsh advised that the Tree Board would be meeting Wednesday night. He is hoping staff will sum up the issues from the last joint Tree Board/Planning Commission workshop. They will work on the issues and come back to the Planning Commission at a future date. 4. APPROVE MEETING MINUTES Motion by Commissioner Doherty, seconded by Commissioner Hasman, to approve the October 1, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Doherty, Fishel, Hasman, Inman, Walsh NAYS: None ABSTENTIONS: Caffall, Vermilyea EXCUSED: Muldoon 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2007-00003 LEGISLATIVE UPDATE: ANNEXATION POLICY PLANNING COMMISSION MEETING MINUTES - October 15, 2007 - Page I REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10.2.1 as directed by City Council to make explicit that annexation is required before property within its Urban Services Area, but outside the City limits, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. LOCATION: Citywide. ZONE: The proposal is a Comprehensive Plan text amendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 18.390, Type IV Procedure; Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.4.2; Urbanization 10.1.1 Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public Facilities and Services) and 14 (Urbanization). STAFF REPORT Assistant Community Development Director Ron Bunch presented the staff report on behalf of the City. He advised this application is a result of Council's desire to make sure it is absolutely explicit for properties located within the City's designated Urban Services Area and wishing to receive services, that they must first annex to the City to receive services. This policy will be included with the new Comprehensive Plan update, but since there are current pending annexation applications, the City wants to do this amendment early so property owners and developers know that they must annex before receiving City services. Bunch noted that in the past, homeowners weren't required to actually annex before receiving City services if they signed a non-remonstrance agreement for future annexation. In the City's experience, people successfully fought the non-remonstrance agreements in court and never annexed. Bunch said the proposed application complies with all applicable criteria and statewide planning goals and recommends the Planning Commission forward a recommendation of approval to the City Council. Bunch advised that City services primarily include sewer and storm drainage lines. The term "services" is defined broadly, because we don't know what services could be included in the future. If the City does not approve the proposed amendment, it would make it difficult for developing properties in the Urban Services Area. We would argue that they cannot receive City services unless they annex to the City first. We would like the policy to be clear and straightforward. Bunch said the City would work with developers to see that annexation applications and land use applications would run concurrently. PLANNING COMMISSION MEETING MINUTES - October 15, 2007 - Page 2 PUBLIC TESTIMONY John Frewing, 7110 Lola Lane, Tigard 97223, believes some of the proposed language is vague and should be clearer. He asked what a potential health hazard would be. Could that include police or unsafe sidewalks? Ron Bunch advised that the health hazard is defined by statute as a situation where there is a failing septic tank, contaminated ground water, or contaminated drinking water that requires the Oregon Environmental Quality Commission to declare an eminent health hazard to the public. We can reference the statute and the administrative rules in the amendment. PUBLIC HEARING CLOSED Motion by Commissioner Walsh, seconded by Commissioner CaffA to move forward a recommendation of approval to City Council of application CPA 1007-00003 as amended to include specific reference to the legislative references in the ORS, including the staff report and the testimony tonight. The motion was approved as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Inman, Vermilyea, Walsh NAYS: None ABSTENTIONS: None EXCUSED: Muldoon 6. COMPREHENSIVE PLAN - HOUSING, ECONOMY WORKSHOP Commissioner Muldoon arrived at 7:30 p.m. Associate Planner Sean Farrelly presented the draft policy language on housing and economy. The Commissioners reviewed the proposed policy and suggested the following changes to the language (responses are written in italics): ■ It was suggested adding an action measure to develop a branded marketing effort and brand elements to preserve their value to Tigard. It's hard to tell one community from the next. This idea could he encompassed in developing a formal economic developmentprogram and strategy or we could add another action measure. ■ Should we elevate 9.1.iv to a policy level? We can do that. The idea that we should grow what we have is reflected in the "economicgardening idea" to develop what we already have here. It was suggested taking the theme of action measures #iv and #v and re-working them into a policy statement for encouraging growing businesses. ■ Commissioner Vermilyea believes that, instead of letting traffic dictate what we can do in the Tigard Triangle, the City should envision a goal for the area (what we want it to look like, what do we want the character of the neighborhood to be) and then figure out the transportation needs for serving that goal. It was decided to "park" this idea and come back at a later date for discussion. PLANNING COMMISSION MEETING MINUTES - October 15, 2007 - Page 3 ■ 'In Goals 9.1 and 9.3, there's not a lot of integration of residential, retail, and commercial uses (mixed use) and how housing integrates with economic development. Maybe we can reemphasize/beef-up the language. Can we carry the language in 10.1.v forward to the economic development section and blend the two? ■ Add the term business clusters to the economic development definitions. It was suggested drawing the definition from the State Economist's definition. Also, add a possible action measure to prioritize support for businesses identified as able to develop into regional clusters. The definition could include some examples. ■ Under 9.3.xv, it was suggested to modify the focus to monitoring emerging technology to ensure competitive priced access. Some Commissioners, on the other hand, do not believe the City should be involved in being the leader on this. ■ It was suggested to add an action measure to add an Economic Development Director for the City. ■ Goal 9.2 could use more details. ■ Under 9.2.1, it looks like we're giving land away. ■ Under 9.3, can we elevate action measure #v to a clearer policy statement? Staffwill look at it. Possibly it could be expanded to include all Iran portation infra fracture, etc., and maybe mention Hwy. 99WI Maybe 9.1 would be a better place for it. Trans ortation can be included in both 9.1 and 9.3. ■ The definition for work force housing should be added to the Economic Development section. ■ 10.2.6 - maybe we could apply this to multi-family housing instead of single family. ■ 10.2.9 - the language seems strong and may be inconsistent with the other sections that we've had on this topic. Suggested language: The City shall require infill development to be designed to address compatibility with existing neighborhoods. Action measure #ii might give us the means by which it could be addressed. We may have to break it down to more action measures. ■ 10.2.10 - change the wording to: "home business occupations" or otherwise clarify that it pertains to home-based businesses. John Frewing offered the following comments: ■ He expressed concern about wording which could make one particular goal appear more important than another. The language should be comparable throughout the entire Comp Plan, so that all goals would be weighed and considered the same. For example, the strong language in 9.1.3 does not exist in the current Comp Plan. Using words like seek, balance, and coordinate efforts would be the right way to do it throughout. ■ Under 9.3.1, he would like to see the Tigard Triangle added to the list. ■ He would like to see map 3-3 in the Resource Document updated in the final document. 7. OTHER BUSINESS PLANNING COMMISSION MEETING MINUTES - October 15, 2007 - Page 4 None 8. ADJOURNMENT The meeting adjourned at 8:57 p.m. Jerree Lewis, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - October 15, 2007 - Page 5 -,-V cr ! 7 MEMORANDUM TIGARD TO: Tigard City Council/CCDA FROM: Sean Farrelly, Associate Planner RE: Downtown Strategy Report Follow-up DATE: November 20, 2007 At the November 6, 2007 Downtown Strategy presentation, Leland Consulting was asked their opinion on which actions the City should spend "its first $500,000 on." The attached memo from Chris Zahas responds to this. It provides prioritization of actions from the Development Strategy that should be undertaken in the next six months. LELAND CONSULTING GROUP TIGARD DOWNTOWN Project Memorandum TO: Tigard City Council FROM: Chris Zahas, Leland Consulting Group DATE: 19 November 2007 SUBJECT: Immediate Next Steps for Tigard Project Number: 4749.2 Downtown Strategy Implementation Now that the Downtown Development Strategy is complete and the council has embraced its recommendations, Tigard must move aggressively forward to maintain momentum and take advantage of the current level of enthusiasm. Since the Development Strategy identified many tasks as high priority that should be undertaken immediately, this memorandum provides additional prioritization of those recommendations in order to give the City a more manageable list of actions that should be undertaken within the next six months. The following table repeats tasks mentioned in the Development Strategy and further identifies staff or consultant responsibilities and likely costs, if known. Only those tasks that should be undertaken within the first six months are listed. Since each task was described in detail in the Development Strategy, only a brief summary is listed here, unless additional information is warranted. It is assumed that projects that are already funded or planned will continue to move forward (as they should). Therefore, projects such as the public plaza and Burnham Street improvements are not discussed below - the City should continue to fund those projects and proceed forward. 'rask Responsibility Task 3: Increase property owner Staff, $25,000 and developer outreach. Meet with key property development owners to discuss ownership status and potential advisor, and plans for redevelopment. Focus on: possibly a ■ Properties surrounding the new public public relations plaza; consultant. ■ Tigard Plaza shopping center; • Rite Aid/Value Village shopping center; • Potential housing sites along Burnham St.; ■ Property owners who have recently invested in Downtown (brew pub, dance hall . ■ Urban Strategists, uww.lelarndconsulting.coin Page I of 4 Portland • Denver • Boston • New York • San Miguel de Allende, Mexico LELAND CONSULTING GROUP ■ Task Responsibility Cost L This outreach will almost surely reveal one or two immediate development opportunities - either public-private or strictly private. In either case, the City can play a lead "matchmaking" role in getting projects off the ground in addition to providing resources and incentives to make projects feasible. Secondly, increase outreach to the development community. Consider convening a quarterly workgroup or luncheon with developers to discuss opportunities in Tigard, review City policies, and gather feedback on ways to attract investment. Partner with the Chamber or a new downtown organization to organize the meetings. Constantly, reinforce an "open door" policy with the development community. In addition to these meetings, conduct one-on-one outreach to developers through meetings. The quarterly luncheons will be useful, but some developers may be hesitant to discuss details in the presence of their "competition." As with any focused marketing effort, the goal is to match city needs with developer capabilities and interests. Organizational Task 6: Success audit. Using Staff and $10,000 interns or administrative support, prepare a development success audit to document recently completed, advisor (for set underway, and planned projects. Post on City web up and site when complete and distribute to developers structuring). and property owners at meetings described in Task 3, above. Use the success audit to build and maintain a dialogue with the media and with developers, investors, tenants and others. Policy Task 5: Design Standards. Although this Consultant $20,000 to was not listed as a "now" task in the Development contract. $30,000 Strategy, we now believe it should be pursued immediately in order to provide the policy foundation for other actions such as development studies and storefront improvements. Housing Task 1: Assemble Property for Housing. Staff, Can vary Housing is the single greatest market opportunity development con§iderably and has the greatest potential to catalyze other advisor, legal depending upon investments in the Downtown. Assemble counsel. the strategy ■ Urban Strategists, unm0elandconsu[ting.com Page 2 of 4 LELAND CONSULTING GROUP Task Responsibility Cost L' properties in the Burnham target area of between employed. one and two acres in size. Control properties Options through outright purchase or option agreements. If (assignable) are the City uses options, simultaneously study the recommended. development options (Task 4, below) in order to set Some shortfall realistic values prior to committing to a price. between option Later, issue developer requests for qualifications value and sale (RFQs) to develop the properties and sell the value may have property or transfer the options to a private to be covered by developer. Depending on the subsidy required, a the city - deal by portion of the purchase price could be recaptured deal. Up to upon sale. $500,000 for options. Housing Task 4: Development Opportunities Staff, $15,000 to Studies. This task should also be accelerated to architectural $25,000 per begin immediately. Identify two or three consultant, study. Assume properties and work with property owners to development plaza studies develop redevelopment options. Likely candidates advisor already funded should include: through plaza ■ Properties adjacent to the planned public contract. plaza (Phase 2 of the plaza scope). ■ Properties along Burnham controlled by Steve DeArigelo - he has already assembled land and has expressed interest in discussing redevelopment options. ■ Either of the two shopping centers, but only once a line of communication between the City and the owners has been established and the owners have expressed a high level of interest in moving forward. Miscellaneous Consultant Services. As described Development $6,000 to $7,500 below, Tigard will need ongoing strategic advisory advisor. per month. services to assist in decision making and technical analysis. The above list of actions should be manageable for a staff of two to three people. Consultants will need to be engaged to conduct the development studies and prepare design guidelines. The single greatest City expense will be for property acquisition, however assignable options are encouraged such that the city does not have to fund the full cost of acquisition. In the case of the Stevens Marine property, the City must acquire the property outright since it will eventually be a public park. Since the urban renewal district has few funds available today, the City should identify other sources to acquire property or secure options. This could be done through internal loans between accounts to be paid back in later years when the district has greater funding potential. For options ■ Urban Strategists, unmAlandconsedting.coin Page 3 of 4 r. LELAND CONSULTING GROUP alone, a budget of up to $500,000 would be adequate. Anticipate an additional $250,000 L for various consultant contracts described above. Development Advisor Consulting Services - As described above, the City would benefit from ongoing services of a development advisor. In addition to the specific tasks identified above, a development advisor would be able to assist staff on an on-call basis in the following ways: ■ Outreach to developers and property owners; ■ Selecting key properties for acquisition, options, or public-private partnerships; ■ Determining acquisition cost of properties; ■ Assistance in structuring the success audit; ■ Developing strategies and negotiating agreements between the City and property owners; ■ Programming solutions for target properties; ■ Conducting feasibility studies and working with architects on the DOS program; ■ Serving as strategic advisor to the City Council and City Center Development Agency; ■ Assisting in ongoing communication to the city council; ■ Providing an overall strategic assessment of all the moving parts that make up the Downtown Strategy; Given that implementation requires flexibility and the ability to move quickly on unexpected opportunities, a consultant contract should be structured on a time and materials basis, with "rolling" not to exceed caps extended at a pace that is comfortable to the City. Given the workload planned for Tigard, a budget of between $6,000 and $7,500 per month would likely be adequate, with some higher months as specific projects "heat up." Specific tasks that can be forecasted would be budgeted - such as a feasibility study or part of the team to develop design standards. Conclusion Leland Consulting Group is grateful to have been able to assist the City in the next steps of the implementation of the Tigard Downtown Improvement Plan. As mentioned at our council presentation, the work of downtown revitalization is never truly complete and the City must be vigilant in maintaining momentum. Tigard is clearly on the right track, having put in place the key policies that will support implementation. Now is the time to get individual projects underway. ■ Urban Strategists, ruzumielandconsnlting.coin Page 4 of 4 Agenda Item No. 2. Citizen Communication Mr. Steve Ahman 12876 SW Winterlake Drive Tigard, Oregon Mr. Phil Decker 14540 SW 148`h Place "Unincorporated Bull Mountain" I:\ADM\Cathy\CCM\2007\071127 - addresses - citizen communication.doc Agenda Item # 3 ~ 3 Meeting Date January 22, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Resolution Appointing Jason Rogers, Kim Leinberger, and Brian Davies as Members, and Appointing Holly Lethbridge as an Alternate Member, to the Park and Recreation Advisory Board Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: -W~- C-k ISSUE BEFORE THE COUNCIL Shall the City Council adopt a resolution appointing Jason Rogers, Kim Leinberger, and Brian Davies as members, and appointing and Holly Lethbridge as an alternate member, to the Park and Recreation Advisory Board? STAFF RECOMMENDATION Adopt the resolution. KEY FACTS AND INFORMATION SUMMARY There are currently three member vacancies and two alternate member vacancies on the Park and Recreation Advisory Board (DRAB). On December 10, 2007 the Mayor's Appointment Advisory Committee interviewed candidates who had expressed an interest in serving on the PRAB. One applicant declined an alternate member appointment, so one of the two alternate positions remains vacant. Based on the Committee's recommendations, the resolution before the City Council would accomplish the following PRAB appointments: ■ Appoint Jason Rogers to his first full term as a member which will expire on June 30, 2011. ■ Appoint Kim Leinberger to her first full term as a member which will expire on June 30, 2011. ■ Appoint Brian Davies to his first full term as a member which will expire on June 30, 2011. • Appoint Holly Lethbridge to her first term as an alternate member which expires on June 30, 2011. Jason Rogers, Kim Leinberger, and Brian Davies just completed partial terms on the PRAB. Mr. Davies filled a partial- term vacancy which began in April 2005, and Ms. Leinberger and Mr. Rogers filled partial term vacancies beginning in March 2007. OTHER ALTERNATIVES CONSIDERED Do not approve the resolution and provide staff with direction on some other course of action. CITY COUNCIL GOALS None ATTACHMENT LIST 1. Resolution 2. Appointee Background Information FISCAL NOTES There are no costs associated with this action. PARK AND RECREATION ADVISORY BOARD (PRAB) RECOMMENDED APPOINTEE BIOGRAPHICAL INFORMATION Tigard City Council Meeting January 22, 2008 Kim Leinberger is recommended to serve on the PRAB. Kim is currently completing a partial term on the PRAB. She has served on the Board for nearly a year. She has an Associate Degree in Hospitality, Tourism and Restaurant Management, in addition to a Bachelor Degree in Healthcare Administration. Kim is currently employed as an independent agent with AFLAC Insurance. She has lived in Tigard for 11 years and has served as Vice President for the Tigard Recreation Association. Jason Rogers is recommended to serve on the PRAB. Jason is currently completing a partial term on the PRAB. He has served on the Board for nearly a year. He is currently employed as a Manager with Metro West Ambulance. Jason has lived in Tigard for the past six years and has served as the President of the Summerlake Homeowners Association. Brian Davies is recommended to serve on the PRAB. Brian is currently completing a partial term on the PRAB. He has served on the Board for nearly three years. He is currently employed by the YMCA in Sherwood. Brian has lived in Tigard for the past five years. Holly Lethbridge is recommended to serve on the PRAB. She works in the medical profession. Holly has lived in Tigard for the past V/z years. She volunteers at Durham Elementary School and participates in SOLV activities. Agenda Item # Z, 3.4- Meeting Date November 27, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider Awarding a Contract fora SvAms Inte ator of Record ,,ply Prepared By: Dennis Koellermeier Dept Head Approval City Mgr Approval' ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the LCRB award a contact for the City's systems integrator of record to Portland Engineering, Inc. (PEI) and authorize the City Manager to execute the contract? STAFF RECOMMENDATION Staff recommends the LCRB award a contact for the City's systems integrator of record to PEI and authorizes the City Manager to execute the contract. KEY FACTS AND INFORMATION SUMMARY ■ The City's Water Division utilizes a secure computer control system (known as Supervisory Control and Data Acquisition, or SCADA) to operate the water distribution system. SCADA allows staff to control pumps, valves, and water levels from a centralized location. ■ Due to the technical challenges related to the design, programming and maintenance of SCADA, the City has historically relied on the expertise of a contracted electrical engineer known as a systems integrator. ■ Establishing a systems integrator of record will eliminate the need to go through the Request for Proposal process for every SCADA project. This will lower costs and reduce the amount of staff time spent on obtaining contractors. ■ On October 30, 2007, three electrical contracting firms submitted proposals in response to a Request for Proposal to provide SCADA systems integration support services. Each proposal was separately evaluated by a panel of three staff members. It was determined that PEI has the qualifications, capabilities, staffing and experience necessary to provide the services the City needs. PEI was the design/build consultant for the City's SCADA system upgrade in FY '06-'07 and the City's previous experience with this firm has been positive. ■ Projects will be assigned to PEI on an as-needed basis. Once assigned, PEI will prepare and submit a cost proposal for the City's review and approval. ■ If approved by the LCRB, the PEI contract will be for an initial term of one year and may be renewed for four additional one-year terms. OTHER ALTERNATIVES CONSIDERED Reject all proposals and prepare a Request for Proposal for each project. However, this process is not cost effective and may result in project delays since staff time would be spent on requesting, evaluating and awarding separate proposals. CITY COUNCIL GOALS None ATTACHMENT LIST None FISCAL NOTES The FY '07-'08 Water Fund budget has $5,500 earmarked for annual operational support of SCADA. Water security upgrades requiring SCADA programming and instrumentation are also planned for FY '07-'08. These will be funded through $50,000 in the Water CIP Fund. Agenda Item # 3 6 Meeting Date November 27, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Contract Award for Design Services for the Greenburg Road/Highway 99W/Main Street Intersection Project ^^'t`1~ ~ ~ Prepared By: A.P. Duenas Dept Head Approval: City Mgr Approval: Gh ISSUE BEFORE THE COUNCIL Should Council, acting as the LCRB (Local Contract Review Board), approve a contract award to W&H Pacific Corporation to perform design services for the Greenburg Road/Highway 99W/Main Street Intersection project? STAFF RECOMMENDATION Staff recommends that the LCRB, by motion, approve a contract to W&H Pacific Corporation to perform design services for the Greenburg Road/Highway 99W/Main Street Intersection Project in the amount of $349,910.11. This consultant is under contract with the City to perform civil engineering design services on an as-required basis. This contract will be for Phase 1 of the project design, which brings the preliminary design of the project up to 50% completion. The design work will be executed as a work order agreement under the current contract with the firm. Phase 1 work includes traffic analysis, project survey, design studies and reports, utility coordination, and alternative alignment development to more accurately define the effort needed to complete the project design ready for bid. The estimated cost of the entire contract for the full scope of work is $723,931.00. Phase 1 will determine the scope and effort needed to complete the project design, including the extent of right-of-way acquisition needed for the intersection improvements. Once the remainder of the project design work is clearly identified, a work order agreement with the appropriate fee amount for Phase 2 to complete the work will be submitted for LCRB approval. Staff further recommends authorization of an additional amount of $34,991.00 to be reserved as a contingency for Phase 1 of the project design to be applied as needed as this phase progresses towards completion. The total amount committed to the project is therefore $384,901.11. KEY FACTS AND INFORMATION SUMMARY • The existing configuration of the Greenburg Road/Highway 99W/Main Street intersection has a combined through and left-turn movement and dedicated right-turn lanes on both Greenburg Road and Main Street at the intersection approaches. The conceptual design for improvements to this intersection recommended dedicated left-turn, through and right-turn movements on both Greenburg Road and Main Street, and the addition of a third eastbound lane on Highway 99W. • Washington County is in the process of designing the Hall Boulevard/Highway 99W intersection for construction to begin in mid-2008. The capacity improvements to both intersections need to be constructed together to improve traffic flow and alleviate congestion in this area of Tigard. • The City adopted a local fuel tax to pay for the proposed improvements to the Greenburg Road intersection and is ready to begin the design of the project. W&H Pacific is the design consultant performing the project design for the Washington County project and is intimately familiar with that segment of Highway 99W. The Greenburg Road intersection project extends the improvements from the Hall/99W intersection to the 99W overpass adjacent to the Tigard downtown area. • Because of the extensive work already performed by W&H Pacific at the adjacent intersection, and to ensure that the two projects are closely coordinated through design and construction, W&H Pacific is selected as the design consultant for the City's Greenburg Road intersection project. The firm is under contract with the City to perform civil engineering design services on an as required basis. Council authorized the City Manager to execute design contracts with the firms for projects up to and including $50,000. Projects exceeding that amount are to be submitted for LCRB approval. This project exceeds the $50,000 limit and is therefore submitted for LCRB approval. • Staff requested a proposal from W&H Pacific for design services on the subject project and has reviewed the proposal to ensure completeness of the scope of services and justification of the fees proposed. Because the level of effort to complete the construction documents ready for bid is not totally clear, the design effort is divided into two phases. ■ Phase 1 is the initial preliminary engineering work needed to survey the intersection and approaches, validate the conceptual design, determine the right-of-way requirements, and produce design plans up to 50% completion. The consultant anticipates that the scope for Phase 2 can be more accurately determined midway through completion of Phase 1. The amount of $349,910.11 is reasonable and sufficient to complete the scope of work for Phase 1 of the project. ■ The total estimated project design fee is $723,931.00. However, this is based on a comprehensive scope of work that assumes a full range of design requirements that may be determined as not necessary once the project design is underway. The work in Phase 1 will provide a much better understanding of the level of effort needed to precisely define the right-of way acquisition requirements and complete the design plans ready for bid. ■ Sufficient time, detailed effort and expense during the design phase are expected to produce realistic construction cost estimates that the City can rely upon to determine future funding requirements to complete the project. • The project design needs to be initiated at this time to ensure that the work is performed in conjunction with the Hall/99W project. The possibility of combining the two projects under one construction contract will be explored as part of the design effort for Phase 1. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS Implementation of the Greenburg Road intersection project supports the Council goal of alleviating congestion within the City and on Highway 99W. ATTACHMENT LIST None FISCAL NOTES The amount of $500,000 has been included in the Fiscal Year 2007-08 Community Investment Program for the project. Although the current revenue stream from the local fuel tax is not sufficient to completely fund the project by December 2011 (sunset clause), the amount appropriated this fiscal year is sufficient to begin the project design and get the project ready for bid by mid-2008. The total estimated project cost is $4.5 million. Potential short-term financing options to provide sufficient funding for the project construction will be discussed with Council sometime in the next few months. i:\engrpus\coundl agenda 5ummarie5\11.27-07 contract award for design services for the greenhurg road-99w intersection project ais.doc Agenda Item # ~3. 3• Meeting Date November 27, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Contract Award for Citywide job Classification & Compensation Study to Koff & em CY' Associates 4~9~ Prepared By: Sand Zodrow Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board award a contract for a Citywide Job Classification & Compensation Study to Koff & Associates and authorize the City Manager to enter into a contract for professional services to conduct the study? STAFF RECOMMENDATION Staff is recommending that the Local Contract Review Board award the contract for a Citywide Job Classification & Compensation Study to Koff & Associates and authorize the City Manager to enter into a contract for professional services to conduct the study KEY FACTS AND INFORMATION SUMMARY The City has not conducted a comprehensive citywide job classification and compensation study for all positions in the organization since 1995. A major goal of the Human Resources Division for FY2007-2008 is to oversee the completion of this study. The study will take approximately six (6) months to complete and will involve a citywide total of 281 positions and 125 job classifications. The City also recently agreed with SEIU Local 503/OPEU to complete the study as it pertains to their bargaining unit positions during this fiscal year. The purpose of the study is to review all job classification descriptions to assure that they meet all legal requirements and accurately describe job duties, including essential functions and disability parameters. The study will also look at the internal job relationships and external assessments of compensation to develop a recommended compensation plan that is internally equitable and externally competitive. In September 2007 the City issued a Request for Proposal (RFP) and received six (6) proposals by the September 27ffi deadline. The six proposals were evaluated on a number of professional merits and the top two (2) firms were invited to interview with a four (4) member panel consisting of representatives from Human Resources, Risk Management, the City Manager's Office and the City of Milwaukie Human Resources Department. The interviews were conducted on November 2"`' and November 5`h and the panel was unanimous in their recommendation that Koff & Associates would provide the most appropriate level of professional assistance desired for completion of the study. References were contacted to confirm the quality of Koff & Asociates work product. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST N/A FISCAL NOTES The cost of the Koff & Associates proposal is $106,440 for combined services and expenses. Forty thousand dollars ($40,000) has been appropriated in the FY 2007-08 budget for this purpose. A budget amendment is requested as a companion to this item. \Wg20YnetpubUig20Xw motVonnsVonn docsUcrb agenda item summary sheet 07.doc Agenda Item # ` Meeting Date November 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Resolution Approving Budget Amendment #7 to the FY 2007-08 Budget Increasing Appropriations by $66,040 in the City Administration Budget Within the Policy and Administration Program to Reflect the Costs Associated with a Citywide Job Classification and Compensation Study Prepared By: Robert Sesnon Dept Head Approval: City Mgr Approval: (t ISSUE BEFORE THE COUNCIL Shall the City Council approve Budget Amendment #7 to increase appropriations in the Policy and Administration Program budget to reflect the additional costs associated with a classification and compensation study? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #7. KEY FACTS AND INFORMATION SUMMARY This is a companion item to the award of contract to Koff and Associates for a citywide job classification study. $40,000 is included in the FY 2007-08 budget for this purpose. Requests for proposals were received from six firms and, after evaluating each proposal, staff is recommending that the contract be awarded to Koff and Associates in the amount of $106,440, or $66,040 more than anticipated. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS N/A ATTACHMENT LIST Resolution including Attachment A. FISCAL NOTES This amendment reduces the Central Services Fund contingency by $66,040. These costs will be covered by savings in various departmental budgets, but under Oregon Local Budget Law, those savings cannot be transferred between funds budgetarily. They will actually be transferred because the accrued savings in departmental budgets will be within the existing transfer authority. This budget amendment is being processed for information purposes, not legal requirement. \VI020Vne1pub%g20\w 00tVoimsVomi docskcoundi agenda Item summery sheet 07.doc Agenda Item # S!-s-- Meeting Date November 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Consent Agenda: Approve Amendment #1 to the Intergovernmental Agreement with Metro Providing Tigard Police Department Support for the Enforcement of the Metro Illegal Disposal Ordinance and Establishing an Additional Full-Time Police Officer Position in the Police Department Budget. Prepared By. Chief Bill Dickinson Dept Head Approval- City Mgr Approval: ISSUE BEFORE THE COUNCIL The City Council is being asked to approve and authorize the City Manager to sign an amendment to the Intergovernmental Agreement (IGA) with Metro. The amendment provides for one additional police officer to provide general investigative law enforcement service to enforce Metro's code and regulations with regard to solid waste flow control and management. This action would also add one additional full-time police officer position in the FY 2007-08 Adopted Budget STAFF RECObUdENDATION Approve the amendment to the IGA and give the City Manager approval to sign the amendment and also approve adding one additional police officer position in the adopted budget KEY FACTS AND INFORMATION SUMMARY The original IGA gave authorization for the Police Department to provide one police officer to help Metro in carrying out their responsibility to manage the flow of solid waste in the region and help enforce the provisions of their code relating to illegal dumping. This amendment would provide one additional police officer to help them in this area. Instead of having Metro staff be enforcement officers, Metro has looked to the local law enforcement community to provide this service. The officer would primarily be responsible for surveillance and investigating suspected violations of environmental laws, rules, and ordinances. If approved by the Council, the officer would be assigned to work with Metro staff in their Regulatory Affairs Division but remain a City employee. However, Metro would reimburse the City for all personnel and related expenses. This position is not in the FY 2007-08 Adopted Budget, so there is also the need for the Council to approve the addition of one additional police officer position in the budget OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Increase Tigard's involvement with Washington County, Metro, State, ODOT, and Federal Government ATTAcHmENT LIST Amendment #1 to the Metro IGA with Exhibit 1. FISCAL NOTES The City will be fully reimbursed for the services provided by the additional position, including a 10% fee to cover the City's cost of administration. %\UgMr etpub\UgMWrwwrWVomnVbm d=%=rMU agenda Hem summery sheet 07.dw Exhibit A Metro IGA Amendment #1 Budget: December, 2007 through June 30, 2008 Personal Services Detective: Wages $32,184 Special Assignment Pay 2,764 Benefits 19,221 Total Personal Services $54,169 Clothing Allowance $350 Equipment Allowance 100 Total Materials & Services $450 10% Administrative Fee $5,581 Total Budget $60,200 Note: Overtime would be at time and a half and no funds for overtime are included in this budget. Agenda Item # Meeting Date November 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Continued Public Hearing Deliberations 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. Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval: 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 Council held a public hearing on CPA2007-00001 at its October 23, 2007 meeting. Public testimony was heard and then the hearing was closed. The Council began deliberations on the amendment and completed a review of the proposed language for the Environmental Quality chapter (Statewide Planning Goal 6). Changes requested by the Council to the Environmental Quality chapter are found below and are also memorialized into Exhibit A. Council continued deliberations on the remaining two chapters (Energy Conservation and Parks, Recreation, Trails, and Open Space) until the November 27, 2007 Council meeting. Upon completion of deliberations for Energy Conservation and Parks, Recreation, Trails, and Open Space, the new chapters will be ready for adoption. The Council could choose to adopt one, two, or all, of the chapters at the meeting. However, for efficiency purposes, staff recommends Council direct staff to memorialize the requested changes to the two chapters and bring the updated language for all three chapters back for adoption at the December 4, 2007 meeting. The requested changes made to the Environmental Quality chapter language at the October 23, 2007 meeting are as follows: Page 1: Introduction The City also has an opportunity to edueate inform its citizens on how changes in daily life can improve environmental quality. 1 Air Resources Quality Policies 1. The City shall re uire etisut-e that all development complies with or exceeds regional, state, and federal standards for air quality. 8. The Ciry shall encourage citizens to reduce air duality impacts associated with household activities. Recommended Action Measures iv. War- with T-ri et to Identify underserved neighborhoods and find the funding to add service in these areas. viii. Research "a- light trespass regulations from other municipalities and consider develops: ng standards for Tigard. Water Resources Quality Policies 1. The City shall elistffe require that all development complies with or exceeds regional, state, and federal standards for water quality. 5. The City shall inp}emen require measures to minimize erosion and storm run-off from development sites during and after construction. 6. The City shall continue to collaborate on edueit informing the public of techniques and practices private individuals, businesses, and industrial operators can employ to help correct water quality issues. 7. The City shall investigate and use, to the extent practical, green qtT-eet eafteepts and other measures that limit the community's effective impervious area. Recommended Action Measures v. Encourage owners of property located in the 100-year floodplain to the 400 y-eftr- fleedpiftin develop a management plan that will allow for their natural function in removing pollutants from the stream system. vi. Develop baseline measures of effectiveness ensure for erosion control werking during the construction phase. vii. Regeftmh the feasibility of Continue a grant program that would provide funds to organizations to develop educational programs. Research the feasibility of a commercial parking lot cleaning program. xii. Edueate Inform 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. xiii. Research the feasibility of incentives for new development and retrofits to use green concepts during parking lot construction. 2 Land Resources Quality Recommended Action Measures viii. Work with other jurisdictions to consider the creation of a countywide Office of Sustainabil ty. 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 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 . 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 Page 1 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 25th 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: Page 2 Environmental Quali ty Goal 6.2.v. Ptffehase properties laeated within the 400 year fleadplain and Develop a management plan that will allow for 4teir 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 Buchner had a question about this Recommended Action Measure. Staff Response: 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 organ.Zations 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 Buchner 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 Buchner 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 off-set 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 Buchner 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 Page 3 available programs. 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 recognised 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 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. Goal 8.1.x. Consider seeking voter- approval as early as November- , and no later- thati November 2040, to fund needed park and epen I I . itions and ff*npraveffie youth spefts leagues and other- non profit reer-eation. Goal 8.3.v. able, FinaneiaHy assist, when previderg. 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, Page 4 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 131 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. Page 5 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 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. Page 6 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." Page 7 Ord rn6n c, CITY OF TIGARD, OREGON w o S' Yt 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; and WHEREAS, on November 27, 2007, the Tigard City Council held a public meeting to continue deliberations and apply applicable decision-making criteria on CPA2007-00001. 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 32007. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- Page 2 Exhibit A i~ r Environmental QuaHfy `Managing the effects of human impacts on air, water and land resources, including energy. " Air Resource Quality Water Resource Quality Land Resource Quality v P l Air Resources nvironmental 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 development's impacts on air, water, and land resource quality. Phis includes measures to prevent environmental degradation and the need for conservation. Statewide Planning Goal 6 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 C rv. 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 environmental 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 environmental 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 inform its citizens on how changes in daily life can improve environmental quality. 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 quality. To ensure access to clean air, the federal Clean Air Act was created as the primary regulatory Comprehensive Plan City of Tigard 6-1 ENVIRONMENTAL QUALITY framework for national, state, and local efforts to protect air quality. Linder 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 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 Environmental Quality (DEQ) is responsible for protecting Oregon's air quality by issuing permits, developing programs, and monitoring air pollution to ensure communities meet the NA,-1QS and to protect Oregon's pristine views. Air pollutants identified in the 2005 DEQ Air ,Quality .Report as the greatest concern in Oregon are: • Ground-level ozone, commonly known as smog; ■ Fine particulate matter (mostly from wood smoke, other combustion sources, cars and dust); ■ Hazardous air pollutants (also called Air Toxics); and ■ Carbon monoxide (mostly from motor vehicles). As air quality does not know political boundaries, &WWWW& regional efforts were established to monitor and plan for pollutants. The City of Tigard is part a of of the Portland Area Airshed (PAA), which is defined by the Metro service boundary. The DEQ is responsible for ensuring the PAA meets the fm QQ national standards and developing the necessary . plans to continue compliance. Currently, the RNA ri meets all NAAQS standards (three-year averages are used to determine attainment/non-attainment of the standards: eight-hour ozone, particulate ou matter, and carbon monoxide). However, DEQ v r'l a o is required to develop maintenance plans for ' o o carbon monoxide and ozone to ensure continued compliance. At the local level, the City 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 u Department of Environmental Quality to ensure that industries requiring DEQ pernuts 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 dissimilar land uses and lessen noise pollution. The City can also ensure its codes and regulations prevent and mitigate other negative air quality impacts associated with urban development such as visible emissions, odors, glare and heat. KEY F 1NDINGS ■ Within urban areas, air quality is often much worse along major roadways. ■ DEQ has issued six active Air Contaminant Discharge Permits (ACDP) within the City to regulate minor sources of contaminant emissions. ■ 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°'o since 1990. ■ The primary 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 and natural resources and feel that protecting these resources will benefit the community. GO.A1, 6.1 Reduce air pollution and improve air quality in the community and region. POLICIES 1. The City shall require that all development complies with or exceeds regional, state, and federal standards for air quality. 2. The City shall support regional 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 walkuig, biking, and/or public transit. Comprehensive Plan City of Tigard 6-3 ti 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 City shall improve the Environmental Performance Standards to minimize .impacts from noise and light pollution. 8. The City shall encourage citizens to reduce air quality impacts associated with household activities. RE;'COMMENUED ACTION MEA.StIRES i. Perform a land use analysis to identify residential zones that could potentially accommodate inixed 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 inventory that results in a citywide GIS laver to be used for gap analysis and the creation of a sidewalk improvement plan. iv. Identify 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 dle 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 light trespass regulations from other municipalities and consider developing standards for Tigard. ix. Develop an ongoing committee to evaluate a Tigard public transportation system that would connect underserved neighborhoods with TriMet routes. 6-4 City of "Tigard Comprehensive Plan Water Resources 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 impacts from human activities on water quality, the Clean Water Act (CWA) was enacted. It regulates the discharge of pollutants into waterways through National Pollutant Discharge Elimination System (NPDES) permits. In the State of Oregon, the Department of s~ Environmental Quality (D:E(~ has been charged ~o with. establishing standards, regulating, and moni- 'o Cl~pu,~ls5 toring Oregon's waters for compliance with the CWA and NPDES. f l i, Large municipalities typically have NPDES1? permits for their wastewater treatment facilities and for stormwater runoff, called a Municipal Separate Storm Sewer System (1\,1S=4) permit. In n urban Washington County, which includes the City of Tigard, the permits have been combined 0 and are held by Clean Water Services (CWS). The combined permit was issued for the entire s5(o%~M el ©0 Tualatin River watershed to guide a basin-wide D effort to improve water quality. It requires CWS - to submit a Stormwater- Management Plan and a Wastewater Management Plan to DEQ. These two plans outline the best management practices o that CWS, its member cities, and Washington County commit to employ to reduce pollutant discharges, regulate temperature, and comply with any Total Maximum Daily Load (I'MD1.) levels that have been established. The City of "Tigard is a co-implementer of the permits and associated plans through an Intergovernmental Agreement. (IGA) with CWS. The .I&'1 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 CWA. Comprehensive Plan City of Tigard 6-5 ENVIRONMENTAL QUALITY Separate from the NPIDES permit process, Clean Water Services has developed a Surface Water Management Program to manage non-point source pollution impacts on water quality. The Heultly Strearrrs Plan, a public education program, and watershed restoration projects are among the several activities undertaken to improve the water quality of streams and wetlands widlin the Tualatin River basin. The City also has an important role in improving water quality. For example, it has committed staff and resources to implement the Healthy .Streams Nan. 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 Growth Management Functional Plan Title 13 and implement die Mature in Neighborhoods program. '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 quality. 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 ■ Water 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 Fanno Creek 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 u1 both Oregon and the Tualatin River basin. • Within Tigard, run-off from impervious surfaces, pet waste, and erosion/sedimentation 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. 6-6 City of Tigard Comprehensive Plan Water Resources - ■ The citizens of Tigard are concerned about the impact of growth on the community's natural resources. G Q rt. l_ 6.2 Ensure land use activities protect and enhance the community's water quality. PO111CIES 1. The City shall require that all development complies with or exceeds regional, state, 7XQ, CAI and federal standards for water quality. 2. '1 he City shall continue cooperation witha a federal, state, and regional agencies in the management of Tigard,-, water resources p o and the implementation of plans and ' programs. 3. The City shall encourage the use of 9-1Y, ` rq low impact development practices that reduce storm water impacts from new and Ulfl~ d .`t existing development. 4. The City shall protect, restore, and° enhance, to the extent practical, the (W O p natural functions of stream corridors, oa~o~ trees, and water resources for their fimoN I positive contribution to water quality. 5. The City shall require measures to minimize erosion and storm run-off from development sites during and after construction. 6. The City shall continue to collaborate on informing 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, measures that limit the community's effective impervious area. 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 the quality of stormwater run-off from their facilities. Comprehensive Plan City of Tigard 6-7 ENVIRONMENTAL QUALITY 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 unpervious surface coverage. ii. Continue to implement the CWS Healthy Streams Plan. iii. Work 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. Encourage owners of property located in the 100-year floodplain to develop a management plan that will allow for their natural function in removing pollutants from the stream system. vi. Develop baseline measures of effectiveness for erosion control during construction. vi. Continue a grant program that would provide funds to organizations to develop educational programs. viii. Research the need and feasibility of public restrooms to provide sanitary facilities for the City's homeless population. ix. Install signage 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. xii. Inform the public about effects of flushing pharmaceuticals and develop a program to collect and properly dispose of them so they do not reach and contanninate our streams. xiii. Research the feasibility of incentives for new development and retrofits to use green concepts during parking lot construction. Section 3: Land Resources Quality Modern life inevitably leads to the production of waste. From the point in time when cities are fast developed, and continuing throughout their occupancy, by-products of human activity must be collected and properly disposed of to 6-8 City of Tigard Comprehensive Plan Land Resources protect the health of both people and the natural environment. To accom- plish this, the state of Oregon and Metro has partnercd to create laws, rules, and programs to direct reduction and efficient removal of waste. The Oregon Department of Environmental Quality (DEQ) is responsible for ensuring compliance with state rules and statutes. DEQ is also responsible for preparing the Oregon Slale Iniegrated Resource and Solid Ville Alums ernent 1'l(rn. Within the Portland Metropolitan Region, Metro has the responsibility for oversight and management of solid waste collection and disposal. This includes the responsibility to prepare and update the Regional Solid 117rule 1llranugernent Plan. The regional plan establishes the framework for coordinating most solid waste collection and disposal programs, directing waste reduction and recovery efforts, identifying 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 Metro's plan update process and implements the plan through the Washington County Cooperative, which includes a number of cities in Washington 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 within 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. KF.,Y F'TNI)INGS ■ Per capita generation of solid waste has increased annually by 32% over the last ten years in the Portland metropolitan region. ■ The region had a 59% waste reduction rate in 2005 and has set a target of 64"Xo by 2009. • Tigard's residential recycling rate was 53.5',/o in 2005, while the commercial recycling rate was 22.7%. Comprehensive Plan City of Tigard 6-9 ,Jy,l i\ ENVIRONMENTAL QUALITY ■ 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 impact upon the community. Co 0 A..1.. 63 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. 2. 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 ID. 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. 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 Cite shall reduce the amount of solid waste associated with municipal operations. 6-10 City of Tigard Comprehensive Plan Land Resources RECC)iv MENDED ACTION MEASURES i. Find long-term partners and plan a yearly E-Waste Collection Event similar to the one in September 2006. ii. Start a composting program (including education) for City employees, including the purchasing of compostable plates, utensils, and cups. ill. Research commercial and construction recycling programs that could be implemented in Tigard. iv. Develop and maintain a GIS database of DEQ hazardous waste permit sites and hazardous cleanup sites. v. 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 number 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 while paint stores would collect old, unused paint. viii. Work with other jurisdictions to consider the creation of a countywide Office of Sustainability. Comprehensive Plan City of "Tigard 6-11 4. AIR, WATER AND 1=~04D RESOURCES QUAP Thig ehapter addresses the eaneerns expressed by Statewide Planning Gaft! #6 whrieh is! lite maintaift and irnpre-fe the qttahty of the air, land and water resettrees of the sta Environmental issttes, throughout our nation ftnd region, have produeed ftfl irnpressive list of ageneies dealing with some aspeet of our env4onrnent. NationaHy, there is a eonfusing array ef others who deal with envitonmental aspeets only inasmeeh as their rn Imptnges aft .iareas ofe qualities, environments. In addition, there are athei-9 that devote oftly ft pettieft of the4 efforts to enviratimental provide ceehnieft! > grants and guidelines to 16eft! or regiatiftl State and regional authority brifig to beftr mere gpeeifie eoneerng and regulationg regftrding the-ir impaeting Tigard is Metro, whieh hag responsibAity for! air > water and solid waste , regional land tise eeardination, tra L trategieg and other areas of eoneern appropriate to- an urbm re,:,* (Rev. Ord. 02-4-5~ 4.1 AIR Q~APT* Findings Within the Tigard Planning Areft there ftre i L . at sotff ee air pol6terq. The of ftir Pollution in Tigard is ftwomobile e"sstofis. The Gity of Tigatd lies within the Pardand Vaneotwer interstate Air Quality Maintefiftflee Area (AQNIA). Thris ftreft is deseribed in the draft State impletmentation Platt (SIP) for air quftlity, ptiblished joindy by the Departtnent of Environmental Quality and the Metropolitan Sen;,iee Dis"iet in ApA4) 1979. Pie draft Stftte implernentation Platt (SIP) ghOW9 that the entire AQMA is itt nanatfftffint tit f;gr meeting the reeendy re-eiged federal ambient air quftfity Environmental Quality CPA2007-00001 6-12 ftent with the statidard by 1997, The draft SIP also attamment in. 1982 for GG (near 14ighwfty 99kNg. The finfti. 4982. While the area in Tigard ttear Highway 99W is 96H a pi-obletn, modeling predieted thft the ftrea wiI4 be in attaitiment. (Rev. Ord. 84 24) POMC 4 1 1 THE rTTV SHALL! MAINTAIN AND -1NITRO THE QUALITY OF T-IGAR:D'S AIR ft. QUALITY AND GGORDINATE WITH OTHER jURISPIGTIGNS AND AGENCIES TO REDUCE AIR POLLUTIONS WITHIN T- 0 WHERE APP T!` A T2 APPROPRIATE AGENCY, T LiAT ALL APPLICABLE STANDARDS GAN BE ET, PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL. C. APPLY THE MEASURES ~~~~IN 20, ATIDl1hTATET.TT L QUALITY ET EM'Y.NTS OF OREGON LGC=A~ clITTT)D L'HENSTATE LAND USE T)T A NS" TG T A *jP USE DEGIS,I,ONS HAVING THE PGTE?,j:FIAT= TG AFFEGT AIR Q~4ALITY. TATT)T EMENTATION CTD ATEGIRC 4. The Gity shft]4 eaerdinme with Metro and BEQ to ftctain ftttd maintain the ftir quality gaa4 Quality, Metro, ftnd other relevftnt eeardinate efforts ftimed at redtteing-&b' n Environmental Quality CPA2007-00001 6-13 t4w land 4T It ill;!lEll tee the V*ft6tr~hiele 10 6. the use- I tffban timber of veh~ of If : I r! I 1 ) 3C~ eases the- I I f Gff-se till; t I t I trd I ll(lT CPA2007-00001 Environmental Quality 6-14 4.2.1 ALL P ATT✓ T !lPMENZ WIT-14D4 THE TIG A Dd, TURBAN PLANNING AREA D T T CpT~AB'i'IZYWZTU APP T!` A BT FEDERAL, STATE A D D B!'` IGl A T GL n~ Ord. 0215) 7u TT FOR 4.2] THE GITV SHALL D~,(`(lGNIZC AND ASSUME RESP ^NIBII4q:1 FOR AL DESIGNATED (II'R ATING, PLANNING, A '1 D EGT TT A TING WASTEWATER VII ArC7~7L~1E~~}T~A TE A ~T7 ASTTL^ NIS ASS TAT NIETRG'S WASTE TREATMENT -Z'i"~1'rt'~PY2b~`i'TiTLZ`aTTT CONOGNENT. (Rev. Ord. 02 15) IMPLEMENTATION STRATEGIES 1. hi order to improve the water quality and geantity 41 dieTigard Area, the Gity shau e6figide developing replatiefis in the T-igftrd Gammunity Development Code or in gT-Rfns help earreet water quality problems water quaficy, s e. Regulate site planning for new develeptnent and eafistruetiati through the Tigard Gammunity Development Code to bettef- eafitral df-ainages and erosion and to manage 9toffn runocry d. inef-ease storage and retention of starm runeff to lower and delay pealk stef-m flows-, e. Reduee street related water quality and quantity problems; and 2. The Gity ghaR not perrn~t industrial or ath-er uses whieh violate State of Grego" water quality Glean Water Serviees ftnd be eonneeted to the 1 sewerage systerns. 4.3 NOISE POLLUTION Findings Environmental Quality CPA2007-00001 6-15 related to various heftith problems. Motor veltiele traffie noise is the mftjor eatitributor to the arnbient noise level itt Trig Noise ievels far- tthmaqt ftH residential dis"iets itt T4gard ttppeftr te be widiin aeeeptftble levels. The highest fiaise levels ftppear to be f;gttftd along Paeifie 14ighwfty (993X9, Niftift Street, , l4wy. 217 ftnd HA Boulevard. Effeetive ean"ol of the undesirable effeets of highwfty generated noise levels requireg a thtee part ftpproaeh! 1) gottree emission reduetion; 2) improved Itighway design and street , and 3) land use eantrols. The first two eornpoftents are eurrently being addfegged by privftte indttstry and by federal, stftte and regional ageneies. The th~rd area is essentially a laefti. PPOTAGY 4.3.1 THE CITY SHALL! CONGESTED AREA OR A USE WHICH CGU,EATES~jOIS TAT EXCESS GF_TH A ImoCTSG A BL'C CT A ND A Dc9S T-C)NGGRPGUATL• THE- FOLLOWING I TiO THE SITE PLAN! 1 BUILDING P A GENCENT ON THE SITE; 1N AN AREA WHE ~ THE NOISE LEVELS WILL HAVE A MINIMAL !NI ArCoD , 7 LANDSCAPING AND OTHER TEGHNIQUES TO LESSEN NOISE 1NIP A CTS TO IL'ATL'I C Cllr,rP A T-IBzI L'z WITH THE SURROUNDING rr,rrTCt~-vxRrri- -vvzTrrTrr~-~ LAND USES-. b COORDINATE W~2'Y-c7-NOISE AND APPLY T-14E DEQ LAND USE GONIPATIBILITY PROGRAM. c WHERE A PPI IC A BLE REQUIRE A T A T9NIENT FROM TLT L` 1NIPI L MENT A TION STRATEGIES "noise Sensitive" 2. 41te Tigard Gommuttity Deveiapment Code shft]4 ensure that tiew eornmereial, industrial and Environmental Quality CPA2007-00001 G-1G "neige sensitive" properties are tiat, prevent degndation of previously quiet eftvironmenta. 4.4 LAND DESO RGE cgs dispasal in the tnetrapalitan area. Although ?464~) hfts the ftutherity over solid wftste site loeation, laeal governments WiH be PoLiGIES 4. t.1 THE GIT SHALL MAINTAIN 7YY^VY7-TI °iPRONTE 1F POSSIBLE, THE rT RRE aT'" QUALITY OF TIGARD'S LAND RESOURCES-. 4 T1 A 7 THE P GITV SHALL DL'!`!lGNIZP NISIDIC RESPONSIBILITY AND AUTHORITY T~TSZi'Q'.TD'~T TO PREPARE AND 1NIPTPT, ENT A IT SOLID WASTE MANAGEMENT PTA~SS^AT 1T1T~Ii TIIT.TY'fD ~TTT7'. 1NIPEBMENTATION STRATEGIES Department of Environmental Quality (F)EQ), in the solid wftgte site seleetion proeess. 2. The Gity shaR diseourage solid wftste sites whieh watild adversely affeet neighboring land ttg ft. Depth to water tftb4e-, b. Sail eanditions; Environmental Quality CPA2007-00001 6-17 y ' mY 1 C r x Q IE,nttrgy Conservation `Land and uses developed on the land shall be managed and controlled so as to maximise the conservation of all forms of energy, based upon sound economic principles. " Cho . ur 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 significant impact on the environment. These roles are important 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 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." 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 community also 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 Or gon Energy Plan 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 Ore;on Energy Plan include: ■ Unstable energy pricing and supply will continue to affect communities 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. Comprehensive Plan I City- of Tigard 13-1 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 Oregon Energy 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 `'1l c~jl the community's vulnerability to, volatile pricing and supplies. They are also consistent with f1a) statewide planning Goal 13 for maximizing the conservation of all forms of energy. Building efficiency standards, the Leadership in Energy and Environmental Design (I,EED) rating system, and weatherization programs are options rr for promoting energy conservation in build- r ings. Metro's Regional Traniporlation.Plan (RTP) is required to address energy conservation, effi- ciency, and alternative transportation options under state and federal law. Options include 7{'' driving less buying fuel-efficient vehicles or using alternative fuels. 11-Ju,-~%~'11w- ~ulUrtslp7 Tigard has the ability to affect energy conserva- uh 1 ~1.. L-tr UIj~ y ' ~t ?OlR3 tion efforts through developing efficient land use Jr~ jl~o?t~i1 irfc; tt and transportation plans that reduce automobile trips. This includes promoting compact mixed use 1/V'11 communities, and transit use and development. The City can lead by example in utilizing alterna- tive energies and becoming more energy efficient in municipal operations. Tigard can also challenge residents to reach energy conservation goals set by the community. KEY FINDINGS ■ Transportation is the largest use of energy in the state at 38"/0. A considerable reduction in energy use can be made with individuals 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 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 community for producing their own energy. Wood heating can be problematic to air quality due to the release of fine particulate matter.. • Weatherization, 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 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- efficient community: ■ Establishing mixed-use 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. 0AL 13.1 Reduce energy consumption. PO1.1C1s"1; 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 W City facilities and unplementing cost- effective recommendations as soon as possible; C. Investigating and participating in, when feasible, green energy programs, 19i" (9), NO' which use renewable energy resources; and ~ f% ~c s (~7/ D. Continuing to investigate new ~,rn technologies that can reduce municipal energy consumption. 6. The Cite shall support energy conservation by: ( t Ls %l ji?r; ;ink, Y~, rC~ A. Encouraging designs that incorporate I:.,eadership in Energy and Environmental Design (LEED) standards or achieve a rr invnum 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 solar radiation. It 1 C:: C:) b1 [t1 EN DE D A C TI 0 N M :E .A. S C_' R E S i. Create a process that requires new 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 mutucipal operations. iii, purchase a percentage of Green Energy for municipal operations and them 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 identify top concerns that could be addressed through conservation incentives. Comprehensive Plan City of Tigard 13-5 9. EN Statewide Platitting G aft! #13; development n n of energy supplies inef-eftses and the wv:~ftbility of nati renewable energy satireeg ittitift! energy sattree that the eammuttity 9hott4d emplare. They do go based an the fiet tha > > least efIV4afifftefltftHy n Additional information on thig topie is a-vai4able in the Energy." Findings eomprige the other half af eftergy ea between residentift! and wark > > AR forms of non f-enewable energy sattrees used today af-e filtite and the eost of thes-e gattrees has iflereftsed as the supply has deereftsed. laeft! and national eeananyr. The avfAftbAity of eheap energy in the pftst has resulted in the eanstruetion a stoves efea have adverse effeets an ftir quality if improperly used. Energy Conservation CPA2007-00001 13-6 ) ) ) a~ 0 SAII, J ) ~y Y Y f f e-vf 't~ ~j ) f f Cp~pp~_00001 13-~ Energy Consen'anon 3. The City 9haH efistife that fu"e iftfid use fte6Nities with gignifieant waste and pf-aeess 4. The City shaH seek a response or assistftnee from the Departmew Of Environrn Quality ar any othef- intef-ested Swe or Federal ageney when re ased !aft Energy Conservation CPA2007-00001 13-8 1. a 7 Parks-, Recreation) Trails and Open Space "To satisfy the recreational needs of the citi.Zens 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 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." The community envisions a future where a wide variety of recreational oppor- tuuiities is available through a diverse system of parks, trails, and open spaces. This system would be distributed throughout the community 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 169 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 opportundes and transportation links throughout the community. A major source of parkland acquisition and development fiends 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 Ti ,gard Park System Master Plan 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 ui 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 beconung 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 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 system and facilitate progress toward its completion. ■ The City has regulations 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 with 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 "Westside 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 assigned 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 Area and not within the City limits. ■ Tigard does not have a parks foundation. Such foundations provide local governments with unportant 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 district for the renovation and joint use of addition to school playgrounds to meet neighborhood park needs have not been developed. par i open • Volunteers annually contribute thousands spaces, Tigard of hours to Tigard's park system and are a non-monetary funding source for park has developed maintenance and improvements. ■ In recent years, the City has developed and employed innovative methods to trailprogram, create more active park acreage to serve community needs. This has included consisting making use of a state infrastructure of 9 miles I loan program to expand Cook Park and making certain types of industrially zoned completed properties available for park uses. ■ The citizens of Tigard value pedestrian trails. 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 within 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 resident 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 for 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. The Ciq 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 identify 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 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 informed of recreation opportunities and programs; issues affecting park, open space, and recreation services; and volunteer opportunities. 8-4 City- of 'Tigard Comprehensive Plan 12. The City shall, either directly or in coordination with other stakeholders and agencies, seek opportunities to acquire public open space. 13. The City shall build and maintain partnerships with other governmental and private agencies and organizations to optimize 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 required maintenance and public safety activities. 15. The City shall require all development to pay a parks system development charge or The City to dedicate land in lieu of a park system development charge. sball work 16. The City shall ensure that any hand dedicated to the city in lieu of a parks witb all system development charge meets elements the needs, goals, and objectives in the Comprehensive Plan per comprehensive of the plan policy (#23) governing land donations. community 17. The City shall continue to encourage and to provide recognize the important role of volunteers and community groups in meeting City , manage park, trail, open space, and recreation needs and in building stewardship and a fully promoting community pride. 18. The City shall maintain and manage its functional parks and open space resources .in ways that preserve, protect, and restore Tigard's natural resources, including rare or state forest. and federally listed species, and provide nature in the city opportunities. 19. The City shall provide funding 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 Americans with Disabilities Act Plan. Comprehensive Plan 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 Master 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 corresponding to its untended use as listed in the Park System Master Plan; D. The occurrence within the property of unique or significant 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; F. 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 96-42): .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 die use of the area either through rent, lump sum payment, benefit to the City, or as agreed to by the City Council; D. The wetland mitigation should demonstrate no additional cost to the City for maantenance or other factors, unless acceptable to the City Council; and E. Should die City consent to the private use of City--owned property, the applicant shall obtain a City Sensitive land permit and all oilier necessary pert-nits 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. Regularly 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: identify 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. M 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. The 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 City of Tigard 8-7 PARKS, RECREATION, TRAILS AND OPEN SPACE study's capital improvement program; B. Adjustments to the extraterritorial (Urban Growth Area) improvement projects identified in 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 improvement 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. X11111. Explore additional ways to acknowledge and recognize sponsors and donors. xv 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. xviii. Where applicable, take into consideration the costs of pubic safety services when considering acquisition of new parkland and open space. xix. Make parks, trails, and open spaces universally accessible by as many people as possible. xx. 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. xxii. Create volunteer opportunities 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. xxM 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 irplement an urban forestry program to improve the condition of Tigard's urban forest through effective management decisions. xxvii. Include natural resources surveys and monitoring in the City's management of public open spaces and related natural resources. xxviii. Remove and control invasive species and noxious weeds in natural areas xxix. Inform the public about maintenance and management requirements for 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. 8.2 Create a City-wide 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. 7he City shall desilm and build greemvay trails and paths to minimize their impact on the environment, 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. Comprehensive Plan Cite 4 "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 greenway 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 "reWonally 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 SW 65'. 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 document 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 community 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 awareness of the 8-10 City of Tigard Comprehensive Plan importance of recreational facilities and programs to public well-being and communtq livability. ii. Identify potential partners, including school districts, special service districts, private providers, etc., for the provision of recreation programs. iii. Work with the community to assess appropriate elements for a recreation program. iv. Consider voter approval to fund needed recreation facilities and a recreation program. v: Financial].y assist, when able, youth sports leagues and other non-profit recreation providers Comprehensive Plan City of "Tigard 8-11 3 .5 PARKS, RECREATION AATTI OPEN cn e G~ Findings Many ef the Tigaf-d Seheal Dis"iet sites pf-evide reeremiaaftl needs not found withift many of T-igftf-d'g pftrles. natural ehainetet of the land and di-a* > > residential areas. The Gity needs to develop tm adequate systern of open space, reereation landg and &ei~ties to retain and improve livability of the eo aequisteatt and development program requireg - listing of priaritieg and le-veig of serviee to be provided. The ftetual development of qtteh ft syst relating the provision of &64itieq and the partieelar needs and reereation desire" e f the residents to be setved. nrr vLZCiz-s 3.5.4 THE GITV Cu AT T 1✓NGOT RAGE PRIVATE HNT-ERPPdSE AND INTERGOVERNMENTAL ACTI'[L'TM't'NTS WHIG H SWILL PROVIDE T /A CI ITIES, AND FOR OPEN SP G ZW GD L A TION LANDS, FACILITIES, PRESERATNATURAL, SCENIC AND 7HHISTORIC AREAS TAT A N A A4NE GOATCTCTEt'V-~ WITH TH AVAILABILITY ~TRESOURCES. OF SR~3.5.2 THE `TTY SHALL GOO DPiATE WITH THE SCHOOL DISTRICTS TO DEVELOP RECREATIONAL FACILITIES-. Parks, Recreation, Trails, and Open Space CPA2007-00001 8-12 3~.3 THE r-TTV HASS-DESIGNATED T-14nn YEAR nr OODP e IN OF FANNO CREEK, ITS TRIBUTARIES, AND THE TUALATIN RATER AS GRE NWAY, WI IGH WILL B TuE u e GKBOT.TiJ OF TuE OPEN CD ° G SYSTEM. WHERE T ° J]DFII T AND/OR IDEVELOPMENT ARE ALLOWED WITHIN OR ADJAGENT TO T-14E 400 YEAR OF DEDICATION OF SUFFICIENT 1 EN LAND AREA FOR 3.54 TUB GI T V SHALL PROVIDE AN lNTTJ D (`llRTNT✓ GTEID P D STD T ° N BITIEP ° TLI THROUGHOUT THE GITV aside, (Rev. Ord. 99 19; Qf-d. 87 66-, Ord. 84 36) or pay a fee in liett of land aside baged on. developments to set land, dedieftte standards, and the standards 9614 provide for! spaee; and 2. The Gitry shafl perfrAt land whieh is set aside wid-tift developments to remain owner-ghip provided! a. Portions are suffieiefifly improved and maintained to offel -eation apport" b. They de not interfere w4th the eantinuity of or aeeegs to adjaeent greenway lames; and e. Bagements transferring de~velapment rights are dedieated to the publie. whieh mitigate the impaets of required open spaee and reereation land dedieation a lion. 4. The Givy qhftH degignate na"al par-It areas wid-Lin a Tigard Nift9tet, Parltq Plan. The- areag wiH halve unique phygieal ar ftesthetie featereg and do flat hwe to be developed > signifieant > ivistag, and that provide Parks, Recreation, Trails, and Open Space CPA2007-00001 8-13 e r cP~,~oa~ -aoao1 B-14 rks, Recrea~on> Txails, aria open Space Pa d'-f- -POI-AGES -3.6. TAT rATi T TAP v C,j„' 5` eC TIpT~TNED BYTH PAD TIC AAA OPEN SPACE cT e ATD e DDS AND rT e ccr;rr A TI N SYSTEM SMALL= Ti A T T r1P TI ACCORDING T!I TUL T2rIT T OA ~ITAT r PD TliD TTrp R A 111, 1. r C AVI-pp=TT1U-iT1i7V~TD A'rDCii^Di~iT T T2p A T'1II TCTEE) TO MEEX TSLBrB 4EEDs A -ND DSI,1S n.F THE PARK cvcT EN_ DEVELOPMENT C14ARGE (`SLG) TITCTDTr"T i?LECTDENTS AND THE GuA D A CT~E'"2.'7 SITE, ArK AND /O TI3'1..-YYC THE ' U EG12 inT r`Dp eTi"'CT T1pAAA_ATTI AND 4"TTrIATAT F AC`TTTTT.rc~ GREATEST-i i Pn T 1 A 7 CT TT~T~ ~,u J T~ D TE PHEU TI UTrE E:ET OP TL`ATT DDTOpTTTpC t7L PARKS S14O ^TT ,I-NNTD1 O ENSURE MAXPAUNI BENEFIT F T'LZTTr GB--EATEST NUMBED ^F LOCAL RESIDENTS. FOR THIS REASON, AGQUISITION-AND TI A7 T O PTA ATT rIT' /-'IIT~TT RT ThTT'T'V T LATE P A DKC SHOULD DC r`TT 7L`Al TUp iTTG LTp CTPUTrIDT4N z r-raso TIT:AT~Tl]D~r arO nr c*•NAL nTRT!'` :i fl 7 ir'%t I ARKS W IL D PIR RITI7 FOR UBLIG FUNDING AND TT T H AV A LOW ARE ENGOT TD A GED TO BE PROVIDE-4 BY THE PRIVATE SEGTOD WIT [IN 4ANNEE) UNIT TA A TATT A TAT TI D 7 T/'1TT O\VIATpD C ACC^`T e'T'T/IAQT& X 'T' -771-YZ T EWEZOrrrrLi v .1 Y - ~SOZ~TrG G~~ T TUT; PT~fpATT PRIORITY e~A.aTn CUB BE CTTPPT T'CTI eT TH DE-V T OPT:D~C B OR NHIG URODQa v U^^D'C pVPENSE; AND MAINTAINED T --->~-r7T' ~~T NEIGHBORHOOD A COGI A:RON !`D p A TTTI AS PART OF T-14~ TIpATpr OPMENT PROCESS. PD OA TTC TOLD T- r1P D i- r~ 7 r1T~ T P A p TI FACILITIES WILL MATT V B CONSIDERED AS AN iNTERJUPUSINGTIOP-A-b PROJECT, AND SHOULD HAVE A TOW PRJOR4TV UNLESS UNUSUA !"IRG NIST A NGES ARISE. D IL f A r,OTG OF ANY ,TTI DEDIG A TED FOR PA Parks, Recreation, Trails, and Open Space CPA2007-00001 8-15 PURPOSES CU A T T Ry R A CETI UPON TTC T TShl TTATR'CC-Z,ND A TlA A~BILTT* TO T14 A DC)pT-ETI n A D K AND OPEN SPA S*STEM. / 'C T3 CTTV CLI A T T /`(1/lD i1TAT A TL' \VITTLT n'T'T~-T~=D nil Try nD T[7 A TL' /lD A T~TT7 A TTCl~T~ WATT) AFFECTED PRIVATE D1Z/1PBD'T Y , NR%o TAT (1DTl~D TO r-AITL,TTTAT TT~T~TTAT~~AT !~T" TLt /`TTV~~ ADOPTED PARK PLANS. mTn~ ATT A TION STRATEGIES > Park, Summerlake Park, E-agleweed Liberty Park and Ye Weadafd > Park, jaek Old windmiu Park. Par eem tunity park needs. eated. 4. The City sha]4 eentinu- Parks, Recreation, Trails, and Open Space CPA2007-00001 8-16 (~QI Glossary I:)EF'INIT'I0NS 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`%n 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 duality 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. Hil;her duality 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 cornsid- 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 G-1 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. C.; A 1. 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'lIitle 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 - Anv 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 1~~1 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 em-ironmental 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 Cinl of 'Tigard G-3 C4 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 lunited 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 Water Act, which prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDI ES permit. The pernut 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 Glossary GOD 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. P01..1 CY Recommended AetionRenewable 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 tune 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.E 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 Jun 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 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 die water quality functions of the stream. Sustainability - LJsinng, 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. Sustainabiliry 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 TMDI- 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- tion 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 forms of traps). G-6 City of Tigard Comprehensive Plan Exhibit B Agenda Item: Hearing Date: August 20, 2007 Time: 7:00 PM STAFF REPORT TO THE p 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. S"I'r\I F R13POR'I'"1'0'1'11T PLANNING COMMISSION CPA 2007-00001 STATI3WIDI- PLANNING GOALS 6, 8, AND 13 PAGE 1 OF 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 RI SPORT TO THE PLANNING COMMISSION CPA 2007-00001 SPATE-. IDE PLANNING GOALS 6, 8, AND 13 PAGE 2 OF 22 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 to eengtrue 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 Coun to improve the quality of stormwater run-off from their facilities. STAFF I PORT "1'O "I'I I13 PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 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 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. Resear-eh putting the City of Tigard as a ea holdef with GWS an the NPDES per-mits, 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 earnintinity/ pergenal healt and earnmunity 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. STAFF REPORT'rO THE PLANNING COMMISSION CPA 2007-00001 SI'AT'LWIDE 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. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS G, 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 Tide 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 Man and Text Amendments Chapter 18.380.020 Leg- islafive 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. We IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of publi c 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 Tides, the amendment is consistent with this criterion. STAFF RFPORTTO TI-Ili PLANNING COMMISSION CPA 2007-00001 STA'TGWIDI 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 STAFF REPORT TO "THE PLANNING COMMISSION CPA 2007-00001 STA'11--,WIDE PLANNING GOALS 6, 8, AND 13 PAGE 7 OF 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: STAFF RI~POR,r TO THE PLANNING COMMISSION CPA 2007-00001 STA1'FWIDF_ 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) SI'AFT REPOI;ff TO T1-113 PLANNING COMMISSION CPA 2007-00001 SI'AITWIDB PLANNING GOALS 6, 8, AND 13 PAG13 9 Or 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 livability 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. S"1'Al l R1POR1'"1'O 1'FI} PLANNING COMMISSION CPA 2007-00001 SPATE XADE PLANNING GOALS 6, 8, AND 13 PAGE 10 OF 22 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. Findings: 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 energy 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. Findings: 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 Title 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 TO THE 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 Neighborhoods 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 Tide 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. SI'AF 17 RIEPORI' TO TI-IE PI..ANNING COMMISSION CPA 2007-00001 Sl'ATEWIDE' PLANNING GOALS 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. Findings: 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'AI I Rf3POR1"1'0'1'1113 PLANNING COMMISSION CPA 2007-00001 STA' EVADE PLANNING GOALS 6, 8, AND 13 PAGE- 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. STAFF' REPORT TO THE PLANNING COMMISSION CPA 2007-00001 S'I'A'ITWIDE 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. S"1'AL 1 REPOR"1"1'O "1'I il.: PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 8, AND 13 PAGE 15 Oh 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. STAFF REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 8, AND 13 PAGE 16 0122 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. S'1'AI F REPOR"I' "1'O "I'I IE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 8, AND 13 PAGE 17 OF 22 v. Pursue funding for intersection improvements, access IL a related prej 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." Findings: 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 REPORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE 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. Findings: Policy 7 has been revised based on Planning Commission comments at the July 16ch 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. Findings: 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 R1PORT'TO TFIE PLANNING COMMISSION CPA 2007-00001 STATE'v"DE 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. Findipgss 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 RI3PORT TO THE PLANNING COMMISSION CPA 2007-00001 STATEWIDE PLANNING GOALS 6, 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. Finding 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"I'AFI RIPOR"1'"1'O'1'1IE P1..ANNING COMMISSION CPA 2007-00001 STATE-AD", PLANNING GOALS G, 8, AND 13 PAGE 21 OF 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 s August 13, 2007 jj - P PARED BY: Darren Wyss DATE Associate Planner August 13, 2007 APPROVED BY: Ron Bunc DATE Planning Manager STAFF REPORT TO THE PLANNING COMMISSION . ..-.-n.vrrrn -r n wtwrTr AT C f 0 A11,Tn I'I PA(-F 99 r)P 99 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 166 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, Fishel, 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 8.1xix shall read, "Consider voter approval to fund needed recreation facilities and a recreation program." ■ Goal 8.1xx, xxi, xxii - delete all 3 action measures. ■ Goal 8.1 xxxiii, amend to read, "Remove and control invasive species and noxious weeds in natural areas." ■ Goal 8.3ii is now 8.31. ■ 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 xxxi.i, delete "When feasible and appropriate." ■ Goal 8.1xxxiii, delete "where feasible and appropriate." ■ Goal 8.2vii, delete "If adequate resources are available." ■ Goal 8.1 xxxii, change the word 'studies' to `surveys'. ■ Goal 8.1xi, 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 floodplain 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 awnsproperty in the floodplain. Staff can break out the information for the Commission. ■ Clarification was requested for Policy #9 (zero-foot rise floodway). It means-You can'tPut any fill in a floodplain. Ifyou put a shovelful of dirt in, you have to take a shovelful 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 I00year floodplain or on an adjacentproperty. ■ Regarding 7.2.ii, 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 ■ TVFR always has current emergency response guides. This, in some ways, parallels that. ■ Does Goal 7.2 adequately address live drills for citizens? The City offers a CERT program which covers .rpecii c training for citizens. Other than that, we work with Washington County for our emergency education/ training. 7. OTHER BUSINESS President Inman reminded the Commissioners that when they take a break, they should not be discussing the hearing item(s) outside of the public realm. Comments need to be on the record. The Commission returned to Agenda Item #5.1. 8. ADJOURNMENT The meeting adjourned at 10:42 p.m. Jerree ewis, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - August 20, 2007 - Page 9 Exhibit D MEMORANDUM TIGARD 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 staff's 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 81 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 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 AGENDA ITEM No. 4 Date: November 27, 2007 PUBLIC HEARING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONTINUATION OF 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 IAADM/CATHY\CCSIGNUP\PH TESTIMONY LEG071127.DOC AGENDA ITEM No. 4 Date: November 27, 2007 PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item Meeting Date: November 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: City Council Hearing to consider Planning Commission recommendations to update Comprehensive Plan Urbanization Policy 10.2.1 (CPA2007-00003) / f Prepared By: Markus Mead/Ron Bunch Dept Head Approval: City Mgr Approvalf ISSUE BEFORE THE COUNCIL Shall Council adopt the Planning Commission's Recommendation to Update Comprehensive Plan Urbanization Policy 10.2.1 as follows? 10.2.1 The City shall not approve the extension of City or Unified Sewerage Agertey Lifles services except: a) Where applications for annexation for those properties have been subrnitted to approved by the City; b) Where a nan reffteristranee agreernent to minex diage propeiiies lifts been signed and r-eearded wi b) In circumstances where applicable state-or and County health-ageney agencies has have declared a potential or eminent health hazard pursuant to ORS for 431.705 to 431.760 (health hazard annexation or district formation). Key: Stidte through indicates language to be deleted from the original policy. Bold indicates language to be added to the original policy. STAFF RECOMMENDATION Move to adopt the Planning Commission's recommendation as above. KEY FACTS AND INFORMATION SUMMARY During the period January - March 2007, Council and staff worked on ways to encourage voluntary annexation of unincorporated properties to the City. This effort resulted in Council approving Resolution 07-13 at its March 13, 2007, meeting. The Resolution establishes the City's current position that annexation is, for the most part, voluntary; that the City would seek to require annexation in specific conditions related to public health and safety, need to extend City public facilities, and to resolve illogical municipal boundaries. Associated with this project, staff noted to Council that Comprehensive Plan Urbanization Policy 10.2.1 was out of date and has many inconsistencies with current conditions and circumstances. Staff also expressed concern that the policy's imprecise wording could circumvent both City and County policy that City annexation is required if unincorporated lands need city services. For example, the current policy could allow argument that mere C:\Documents and Settings\cathy\l ocal Settings\Temporary Intcmet Fdcs\Content.Outlook\34URMPLM\11-27-07 AIS City Council Hearing to consider PC recommendations RE Policy 1 10 2 l.doc applications for annexation or agreeing to "waivers of remonstrance" is a reasonable basis to cause City services to be provided to unincorporated property. Another reason to amend the existing policy is to make sure it conforms to current circumstances. For example, it refers to "Unified Sewerage Agency (USA) of Washington County." The term has not been used for many years. The agency is currently called "Clean Water Services." However, reference to the regional agency is proposed to be removed entirely. The reason being that the City now requires annexation prior to receipt of either, or both, sewer and storm water services. Also, the proposed wording provides the flexibility to require annexation for other City services that unincorporated lands may require in the future. Furthermore, the present policy's reference to "declaration of health hazard" is vague. This is proposed to be corrected by referring to the relevant state statutes regulating health hazard declarations. Even though the City is doing an overall update of the Comprehensive Plan, it was decided to update this policy individually to avert possible near-time conflict resulting from uncertainty when City services can be provided. Updating the policy now, rather than waiting until the entire urbanization chapter is updated and adopted, could save substantial time and effort if an applicant challenged the need for annexation prior to provision of City services. Council directed the initiation of a Comprehensive Plan Text amendment to address these concerns. The Planning Commission held its hearing on October 15, 2007, and recommended that Council amend the Comprehensive Plan by adopting the above revised policy. OTHER ALTERNATIVES CONSIDERED • Council may make changes to the Planning Commission's recommendation and adopt a further revised policy; • Council may remand the matter to the Commission with direction to consider other factors as part of a new public hearing process; or • Council may decline to adopt the Commission's Recommendation and accept the status quo. CITY COUNCIL GOALS 1. Comprehensive Plan a. Updating the blueprint for the City ATTACHMENT LIST Attachment 1: Tigard City Council Ordinance approving CPA 2007-00003 as recommended by the Planning Commission Exhibit A: Amendments to the Text of Comprehensive Plan Urbanization Policy 10.2.1 Exhibit B: September 27, 2007 Planning Commission Staff Report and Exhibit C: October 15, 2007 Planning Commission Minutes FISCAL NOTES Not Applicable CADocutnents and Settings\cathy\Local Settings\Temporary Internet Files\Content.Outlook\34URMPLM\11-27-07 AIS City Council Hearing to consider PC recommendations RE Policy 2 1112 l.doc Cathy Wheatley From: Cathy Wheatley on behalf of Councilmail Councilmail Sent: Monday, December 03, 2007 8:29 AM To: Craig Dirksen - home; Craig Dirksen - work; Gretchen Buehner; Nick Wilson; Sydney Sherwood; Tom Woodruff Subject: FW: Withdrawl & Apology lJ 71(-9 From: Craig Dirksen [mailto:craigd@tigard-or.gov] r Sent: Sunday, December 02, 2007 3:58 PM -Th iS e, MCC, ~ (~~~-L QS To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Withdrawl & Apology r fflS(` 5J 1 ~a 7 /0-7 From: Isador W. Morgavi[SMTP:MORGAV1224Ca)LYCOS.COMI Sent: Sunday, December 02, 2007 3:58:37 PM G, UlYwo-thAl Sydney Sherwood; Craig Dirksen; Craig Prosser; Gretchen Buehner; n Nick Wilson; Tom Woodruff Subject: Withdrawl & Apology d Auto forwarded by a Rule I was unable to attend the planning meeting and failed to read the proposed resolution. I jumped erroneously to the conclusion that this was a renewal of what I had referred to as "hostage auinexation". On reading the text of the amendment I found that I was completely off base. I was al-raud that it was a retreat from the peaceful coexistence we've enjoyed in the past years (excepting the idiots on the Tigard Water Board). I am happy to find that I was wrong. I therefore withdraw my objection and apologize if I offended anyone. Isador W. Morgavl 1 AGENDA ITEM No. 5 Date: November 27, 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 - CONSIDER PLANNING COMMISSION RECOMMENDATIONS TO UPDATE COMPREHENSIVE PLAN POLICY 10.2.1 (CPA 2007-00003) Due to Time Constraints City Council May Impose A Time Limit on Testimony ]AADM/CAF1-]Y\CCSIGNUP\PH TESTIMONY LEG071023.DOC Public Testimony Agenda Item No. 5 - Update Comprehensive Plan Policy 10.2.1 (CPA2007-00003) Opposition Isador W. Morgavi 15145 SW 119`h Avenue Tigard, OR Agenda Item # Meeting Date November 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Complete Community Program Prepared By: Tom Coffee Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Receive briefing on the staff initiated Complete Community Program. STAFF RECOMMENDATION Consider including the Complete Community Program in the City Council's 2008 Goals. KEY FACTS AND INFORMATION SUMMARY At an Executive Staff meeting in December 2006, department directors discussed how to better relate the services the City provides to citizen needs and expectations as well as Council Goals and Tigard Beyond Tomorrow. Another objective of the discussion was how to better correlate these issues with the annual budget adoption process. Out of this meeting the concept of Complete Community was developed as a way to accomplish these objectives. This proposed program identifies the essential elements or characteristics of a community that meets all the needs of its citizens, in other words, a Complete Community. Staff has initially identified those elements to be: Environment, Sense of Place, Transportation and Utilities, Neighborhood Vitality, Economic Vitality, Safe, Educated and Involved, and Culture and Leisure. Establishment of these characteristics provides the basis for dialogue with the community about the level of services it desires and their priority as well as a way to measure the effectiveness of the City in providing those services. Adoption of a Complete Community Program with the adoption of an updated Comprehensive Plan would also provide a mechanism for implementing the Plan. The Goals, Policies, and Recommended Action Measures of the Plan can be correlated with the characteristics of the Complete Community and incorporated into the work programs of the City's departments. The Program can also provide the basis for an annual Complete Community Report that measures the City's progress toward implementation of the Comprehensive Plan and the attainment of a Complete Community. Staff has developed the proposed Complete Community Program to the point where the contributions of the City's various work units to a Complete Community have been "mapped" in a Services Matrix which is attached. Before further development of the proposed Complete Community Program by staff, it is appropriate that the Mayor and Council review and evaluate the proposal for possible incorporation into the 2008 Council Goals and subsequent implementation. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 4. Improve Council Communications with Tigard Citizens ATTACHMENT LIST Complete Community - Services Matrix Fiscal. NOTES The Program could be primarily implemented with existing staff resources. Some startup costs would be incurred for community outeach efforts. More specific costs can be estimated if the Council decides to initiate the Program. \W0201netpubWg20WmwiootVmmsVwm docstmmd agenda Rom summary street 07.doc City Services That Support A Complete Community Environment Sense of Place/ Transportation & Neighborhood Vitality Economic Vitality Safe Educated/ Involved Cultural & Leisure Community Identity Utilities The natural and built Tigard has sense of place that Street, water, sewer, and storm Residential neighborhoods The economy of Tigard provides Residents feel secure and free Residents are afforded the Activities that contribute to the environment of the community is identifiable by residents and drainage systems are provided provide a physical place and jobs and services far the from threat of danger or harm opportunity to become informed mental and physical health of is valued, protected and others. The sense of place is and maintained at a bigh level social connection in which residents of the community and in the City of Tigard. and active in the civic affairs of residents are available to enhanced. Trees, natural areas, created through community of service for the convenience, residents share common a balanced tax base for public the community. There is a high enhance the community's and open pace provide aesthetic events and improvements in the health and safety of the public. concerns, interests, andgoals services. level of knowledge of community quality of life. relief and wildlife habitat. physical character and quality that enables positive interaction issues and informed Public and private development of community places. and concerted efforts for involvement in their resolution. is designed and constructed impmvement. incorporating environmental protection and sustainable principles. Community Development Community Development Community Development Community Development Community Development Community Development Community Development Community Development Resource Protection Downtown Downtown Subdivision Review, Planning & Zoning for Building codes, Citizen Involvement, Trail Planning, Regulations, Redevelopment, Redevelopment, Code enforcement, development, Traffic Management, Permit Counter, Siting Public Plaza, Sustainability, Comprehensive Plan, Comprehensive Plan, Comprehensive Plan, Community Profiles, Hazard Elimination, Committee for Citizen Comp Plan Policy Green Buildings, Specific Area Plans, Specific Area Plans, Housing Policy, Planning for the future, Safe Streets & Access, Involvement (CCI), Direction, Water Quality Facility, Plan for pedestrian bicycle Plan for pedestrian bicycle Neighborhood Meetings, Tigard Triangle, Hazards Policies, Public Meeting, Nature in the Energy Code, paths and park space, paths and park space, Connectivity, Downtown, Floodplain, Citizen Boards & Neighborhood, Green Streets, Standards for private Standards for private Workforce Affordable 99W Plan, Steep Slopes, Committees, Downtown Public Project Innovation, development that are development that are Housing, Washington Square, Defensible Space, Permits Protect Program, Redevelopment, Sewer Reimbursement Dist, unique, unique, Community Design, Comp Plan Policies. Safe delivery of water and Public Notice of Projects, Senior Center. Data Collection, Quality Construction, Quality Construction, Aesthetic Quality. discharge of sewer and fire Website. Add tree canopy, Inspection, Inspection, and life safety code, Grant funding, Code Enforcement, Code Enforcement, Housing Code, Greenspace Program, Triangle Redevelopment, Triangle Redevelopment, Neighborhood Traffic Arborist, Nature Connection, Nature Connection, Mgmt, Vision & Policy. Establish a Presence. Establish a Presence. Safe access to Schools, Coordination with public safety providers. Finance Finance Finance Finance Finance Finance Finance Finance Purchasing, Purchasing, Utility Billing Collection, Tech Support, Stewardship of the public Passport checking, GIS over the firewall, Passports, (eliminate paper chase) (eliminate paper chase) Rate Models. Crime Spotters. dollar. Meter readers in the field. IT sharing info in a Community events grant. Create sustainable & Create sustainable & safe/secure manner, environmental friendly environmental friendly Budget, processes. processes. Budget game. Library Library Library Library Library Library LibLary Libtarv Sustainable Building Library as source of Accessible via Trails & Community gathering place, Volunteer opportunities A place to hang out, Programs, Collections, Design, pride/community, Public Transit. Promote Community, that lead to jobs, Programs & resources, Resources, Programs, Collections, Ownership of Building, Educational programs, Venue for Meetings, (collection) Collections, Building, Educational programs & Common community Multi-generational activities Community Information Fire prevention programs Keeping ahead of Lecture series, displays (PW too), gathering place, and access. Center, with TVFR, technology curve, Movie nights, Access to Fanno Creak and Host/Sponsor programs Host job seminars /resume, Proximity to Police or Fire Volunteers, Concerts/Musical trails, promoting community, Business resource, Departments, Partnership with schools, performers, Energy efficient. Community Room, Well-trained staff - Code Summer Reading Program, Family Fest, 1 I:ICDADMITOM COFFEE1Complete Community Matrix 11-19-07.doc City Services That Support A Complete Community Environment Sense of Place/ Transportation & Neighborhood Vitality Economic Vitality Safe Educated/ Involved Cultural & Leisure Community Identity Utilities Library Cont'd Library Cont'd Library Cont'd Library Cont'd Library Cont'd Destination spot. Attractive to people who Adam/Building Adult and young people Super Tuesdays, are relocating to Tigard. Evacuation. book discussions, Local history programs. Computer classes, Friends of the Library, Library Foundation. Police Police Police Police Police Police Police Police Environmental Trail System, Traffic National Night Out, Chamber of Commerce & Criminal investigations, SRO's Dare Great, Summer camps, Enforcement - Balloon Festival, Safety/Enforcement, Ad-Hoc Neighborhood service Crime Prevention, Women's Safety, Bicycle After school programs, dumping - emissions, 4th of July, Pipeline awareness, meetings, Regulation, Enforcement, Safety Team, Special Events, Clandestine labs clean-up, Millen Dr, Parade, Engineering Reviews, Parking Permits, Commercial Crimes Unit, Crash Analysis Citizen's Academy, Bike Safety Fair, Littering Enforcement, Bridgeport/Washington, TriMet/Commuter Rail, Resolving homeless issues, Safe Community, Reconstruction Team, Crime Spotter, Tigard Youth Services, Homeless Camp Cleanup, Summerfield, Traffic Control, Problem Solving Projects, General Law Enforcement LukeDorf, Crime Prevention, Christmas Lighting, Graffiti Management, National Night Out, Special Events, General Liaison Projects, Presence, Safe School Program, Commercial Crimes Unit. Halloween - Downtown, Abandoned Vehicles, Youth Services, 1st Responder to Traffic Bike Patrol, Catalyst for Safe Business Elder Abuse, Citizen Participation (Staff Parades, HazMat Response. Halloween Night - Problems & Blockages, Citizen Academy, Environment, Tigard Turns the Tide, Selection & Promotions) Family Festival, Downtown Weather Related Downtown Liaison, Extra Patrols (i.e. during Sexual Assault Research, Citizen's Police Academy Special Olympics, Park Security, Problems /Issues. Neighborhood Watch, holidays), 911 Response, Explorer Post Movie Nights, Branding (i.e. new Neigh. Drug Awareness, Fraud Investigation, Visible Patrols, Reserve Officer Program Christmas for Kids, uniforms), Gang Resistance Education Real Estate Protection (i.e. Community Policing Volunteers Adopt a Family. Nature Connection. and Training (GREAT), monthly landlord program), Projects, Drug Education - GREAT School Resource Officer's Community Policing, Traffic Enforcement, and etc. (SRO's) in Schools, Liquor Permits, Drug/Gang Programs, Interns Tigard Youth Advisory Business Partnerships. Domestic Violence, Chiefs Annual Report to Council, Community Notifications, Council Sex Offender ID Program, Public Safety Public Information Officer. Crime Spotter, Announcements, Commercial Crimes Unit, Reserves (i.e. vacation Patrol District checks), Assignments. Oregon Department of Transportation (ODOT)/Driving under the Influence (DUI's), Major Crimes Unit, Washington County Consolidated Communication Agency (WCCCA), Incident Command System, Warrants, Metro (Illegal Dumping), TIP Line, Mobile Response Team, Tactical Negotiation Team (TNT), Sex Offender Registration & Tracking. 2 I:ICDADMITOM COFFEE1Complete Community Matrix 11-19-07.doc City Services That Support A Complete Community Environment Sense of Place/ Transportation & Neighborhood Vitality Economic Vitality Safe Educated/ Involved Cultural & Leisure Community Identity Utilities Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Sewer & Storm Systems, Signage - entry Street, sanitary sewer, Urban landscaping, Local purchasing and Traffic control - signage, Public Relations efforts Parks & Recreation, Fuel efficient vehicles, monuments, storm system maintenance, Park and trail development, subcontracting, lights, (PSA's, brochures, web Park & facility reservations, Storm water Management, Urban Landscaping, Water system operation and Emergency management - Support regional recreation Emergency Management, page, CCR, etc), Special Events, Adopt-a-stream, Public parks, trails and maintenance, CERT, events (Atfaliti, Balloon Park safety inspections, Emergency management Balloon Festival Healthy Streams, open spaces, Long-term water source, Storm water Management, Festival, etc). Safe, clean drinking water training, Leaf Events Leaf Collection Events, Balloon Festival, Emergency management, Adopt-a-stream, system, Water Conservation Family Fest Street sweeping, Leaf Collection Events, Utility locates. Healthy Streams, Safety-conscious design, education, 4th of July. Wetland enhancements, Holiday Lighting, Leaf Collection Events, Code Red System, Storm water Management, Energy management 4th of July Event, Street sweeping. Partnering TVFR & Adopt-a-stream, (sustainability), Family Fest, other emergency agencies, Healthy Streams, Adopt-a-street, Senior Nutrition & Critical utility companies, Leaf Collection Events, Citywide recycling program Programming, ODOT, Community involvement in Facilities (skate park, dog Office of Consolidated design process, parks, etc). Emergency Management Interpretive signage, (OCEn. Volunteers. City Administration City Administration City Administration City Administration City Administration City Administration City Administration City Administration Web & Cityscape, Branding, Transportation and utility Neighborhood network, Information on Web, Court - processing of Diversity in delivery of Room reservations, Employee Commute Family Fest, record documentation, Neighborhood issues, Tigard - an Employer of citations, information, Family Fest, Options Program, Neighborhood Network, Customer complaint Citizen concerns response, Choice, Safe place for seniors & Volunteer Programs, Special events, Volunteer Recruitment, Council material availability feedback, Neighborhood promotion, Promote/develop vision caregivers, Educating information Passport support Online Records Request via listserv Webpage, Neighborhood volunteers, for economic growth, Claims Incidence review, contacts about issues, Community event staffing Service, On-line Citizen Surveys, Solicitation of Neighborhood Web pages, Manage Urban Renewal, Highly qualified candidate Caregivers and families Planning leisure & culture Process Code Enforcement Senior Nutrition & transportation funding, Outreach events, Support liaisons for all recruitment, education, for seniors, Cases, Programming, Problem solving, Support for 5th Tuesday boards & committees, Personnel policies, promote Bring Your Kid to Work Culture & leisure Environmentally sound Gathering space Cityscape, Council meetings, Chamber of Commerce safe workplace, Day, promotion, business practices promotion, Traffic & Road volunteer Promotional materials, support, job applicant background Volunteer Programs, Cultural diversity support, (i.e. appropriate recycling). Bridge to Council, assistance, Process Code Enforcement Service fees, checks, Troubleshooter, Wellness events and Advocate for Tigard, Team Tigard Adopt-A- cases, Court ordered judgment Suggestions for needed Legislative Tracking, services. Historical records archives, Street, Citizen comment cards, collection, laws, Community liaison/Info, EDM - Public accessibility, Community Connector Seniors aging in place. Free Notary Public service. Work with police on safety, Ombudswoman, Tigard High School Student alerts, Promote special efforts Dept Communicator, Envoy, Senior Citizen transit (Commercial Crime Unit), Cityscape Editor, City Council monthly advocate. Emergency Operations Development Code reporting, Center (EOC) and Code updates, Community service, Red, Provide access to public Team Tigard, Citizens Emergency information, Open Meeting laws Response Team (CERT) Council agendas, compliance member, Meeting follow-up to assist Public Record laws Volunteer recruitment for public, compliance, police programs, Provide information on Customer assistance for all Graffiti removal, public records, areas, Neighborhood Watch, Provide information on Switchboard operator - Spanish Translators, election process, "Voice for the City," Web Information Re: Public Notices, Room Reservations, Public Safety, Electronic Data City Hall signage. Auto Electronic Management (EDM) 3 I:ICDADMITOM COFFEE1Complete Community Matrix 11-19-07.doc City Services That Support A Complete Community Environment Sense of Place/ Transportation & Neighborhood Vitality Economic Vitality Safe Educated/ Involved Cultural & Leisure Community Identity Utilities City Administration coned City Administration coned Defibrillator AED/CPR Public accessibility, trained, TVCTV - Broadcast Passport acceptance agent Council meetings, backup. Annual House Plan Giveaway, Bailiff - initial information on options, Education/Information through website, switchboard, and public materials, Use of traffic safety program, Board/ Committee liaison. 4 I:ICDADMITOM COFFEE1Complete Community Matrix I 1-I9-07.doc Complete Community ~q~! 1 ! P 1 1 9 -zu U W4J.lU=.A;.ll.i~ l'J.'.lJ~ ~ A o- 1 ! ~ ~'~j/ ~.^JV`~aLw~ •9 1 1 hl. 1 C~~ Agenda Item # 7 Meeting Date r, AU . 7 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title 2008 Legislative Agenda Priorities Prepared By. Liz Newton Dept Head Approval: N~kw' Gty Mgr Approval: ISSUE BEFORE THE COUNCIL Provide direction on the City's 2008 Legislative session priorities. STAFF RECOMMENDATION Review the information provided by staff on issues of interest and identify priorities. Provide direction to staff. KEY FACTS AND INFORMATION SUMMARY At the October 16, 2007 city Council Workshop, Council discussed `likely issues' that may come before the 2008 legislative session scheduled for February- the first "even year" session in history. Council consensus was for staff to bring back more information on several issues. Summary issue papers prepared by staff for each issue are attached. The issues, along with staff's recommendations are listed below: • Affordable Housing/ Document Recording Fee: Take a proactive approach in support of the fee and for introduction of an implementing bill in 2009. • Transportation Funding: Advocate for the Legislature to increase the state gas tax that accounts for increases in inflation, population growth and the cost of construction. • Infrastructure Funding: Do not include this issue on the Cit/s Legislative Agenda. • Oregon Wireless Inter-Operability Network (OWIN): No action at this time. • Water Storage Grants: No action, monitor through the session. • Restore "Big Look" Funding: At the minimum, advocate continuation of the project at the current funding level. Consider support for reasonable additional funding if requested. • Urbanization Issues: Advise the Cit/s Legislative delegation that status quo is unacceptable and that there will be legislative action to direct study and draft legislation. • Preemption of Local Revenue Sources: Protect all current City revenue sources against reduction or pre- emption. OTHER ALTERNATIVES CONSIDERED Delay discussion until a later date. CITY COUNCIL GOALS Council Goal # 5: Increase Tigard's involvement with Washington County, Metro, State, ODOT, TriMet and Federal government. ATTACHMENT LIST Issue Papers for: • Affordable Housing/Document Recording Fee • Transportation Funding • Infrastructure Funding • Oregon Wireless Inter-operability Network (OWIN • Water Storage Grants • Restore Big Look funding • Urbanization Issues • Preemption of Local Revenue Sources FISCAL NOTES N/A is\adm\citycouncil\council agenda item summaries\2007\ais for 2008 legislative priorit)071114.doc11/14/07 City of Tigard November 9, 2007 2008 Legislative Agenda Affordable Housing/Document Recording Fee Duane Roberts / Tom Coffee BACKGROUND/SUMMARY As defined by its Oregon advocates, a Document Recording Fee (DRF) is a small fee charged on a broad array of transactions that affect or are related to real estate title. The revenue raised would be used to meet affordable housing needs. State legislative action is needed to allow the fee. A DRF bill (House Bill 3551) was introduced in the 2007 legislative assembly at the request of the Housing Alliance, a state-wide affordable housing advocacy coalition, and a long list of some seventy-five other organizations. Among these were several cities: Ashland, Beaverton, Medford, Portland, Talent, and Wilsonville. Also listed on the bill as requestors were Metro and the League of Oregon Cities. Governor Kulongoski pledged his support as well. The bill established a fee for the recording of documents in deed and mortgage records. The revenue collected was to be dedicated to four categories of uses: homeownership, homelessness, capacity building, multi-family rental housing. The new funds would have gone to programs administered by the Oregon Housing and Community Services Department. The bill did not pass in the recently expired regular session, and the DRF is not before any body at present. Its main promoter, Housing Alliance, still considers the concept a viable funding option, however. According to an Alliance representative, the existing or a modified bill will not be reintroduced in the upcoming short legislative session, but may be reintroduced in the next regular session in 2009. Extension of the document recording fee in Oregon has been a hard fought issue in the Oregon Legislature for many years. It is a reincarnation of the former Real Estate Transfer Tax, which applied to the sale of real property. The new bill decreased the amount of the fee. At the same time, it expanded the definition of transactions on which the fee is charged. Depending on how a future bill is structured, the primary implications for Tigard are that a DRF could be a potential source of new funds for the development of affordable housing by private non-profit housing corporations, two of which (Community Partners for Affordable Housing and Tualatin Valley Housing Partners) presently own and manage multi-family housing in the City. Another potential local I:\L.RPLN\DUANE\affordablchousing.docrecord fee. doc 1 implication is additional funding for the operation and/or expansion of the Good Neighbor Center for the homeless. OPTIONS (IF APPROPRIATE) • Inform the Washington County legislative delegation of the City's support for the DRF as a much-need affordable housing funding source. Support the introduction of other (housing-related) dedicated funding source bills in the 2009 legislative session. • Respond to specific housing-related bills, including a potential DRF bill, as they are introduced in the 2009 legislative session. FISCAL IMPACTS Oregon has an $11 document recording fee that goes to counties. Washington County has a 0.1% real estate transfer fee that goes to its general fund. House Bill 3551 would have increased the document recording fee by $15 and dedicated the new revenue to housing. The ongoing amount raised was estimated at $60 million. STAFF RECOMMENDATION The DRF idea is a potential source of dedicated funding for affordable housing programs. Staff recommends the City take a pro-active approach to the DRF by informing the Washington County legislative delegation of the City's support for the fee and for the introduction of an implementing bill in the 2009 session. A DRF is supported by many cities, along with Metro and the Oregon League of Cities. It would make a good start towards meeting the needs of the region for affordable housing. Very little affordable housing is being constructed at present. For many years the market has been for upscale apartments. A strong feature of the DRF idea is that fiscal accountability would be provided by the administration of funds by the Oregon Housing and Community Services Department. I:\LRPLN\DUAN 13.\affordablchousing.docrccordfcc.doc 2 City of Tigard November 8, 2007 2008 Legislative Agenda Transportation Funding Tom Coffee BACKGROUND/SUMMARY The City of Tigard's Capital Improvement Plan currently includes $44,000,000 in street improvement projects needed over the next 5 years for which there is no funding source. Washington County's list of needed street improvements over the next 20 years totals $2,500,000,000 of which $1,200,000,000 can be funded. The funding shortfall locally, regionally and statewide has existed for years and continues to grow with each legislative session in which no action is taken. Public safety and convenience as well as the economy are negatively impacted to a greater degree as each year of inaction passes. These projects are for adding capacity and safety to the street systems and do not include needed maintenance of the existing system. Failure to adequately fund needed maintenance increases the cost of eventual repairs and endangers public safety. OPTIONS (IF APPROPRIATE) FISCAL IMPACTS STAFF RECOMMENDATION Advocate that the State Legislature enact increases in the state gas tax that account for increases in inflation, population growth and costs of construction since the last gas tax increase sufficient to fund both needed capacity improvements and maintenance. City of Tigard November 8, 2007 2008 Legislative Agenda Infrastructure Funding Tom Coffee BACKGROUND/SUMMARY For Tigard, infrastructure funding is available through existing mechanisms including rate structures and systems development charges. The City has the ability to adjust these rates and charges to increase funding for water, sewer, storm water, and parks facilities. The more critical infrastructure funding issue is related to providing utilities and parks in the UGB expansion areas like North Bethany and Areas 63 and 64. Since Tigard is not contiguous to such areas this aspect of infrastructure funding is not a significant legislative issue for the City. To the extent it affects logical urbanization and tax equity in the region there may be a legislative issue. OPTIONS (IF APPROPRIATE) FISCAL IMPACTS STAFF RECOMMENDATION Do not include infrastructure funding on the City's legislative agenda. City of Tigard October 22, 2007 2008 Legislative Agenda Oregon Wireless Inter-operability Network (OWIN) Robert Sesnon BACKGROUND/ SUMMARY The goal of the OWIN initiative is to consolidate four disparate radio networks currently being used in Oregon into one network that would allow seamless communication. When completed, the state will be able to communicate with federal agencies and also permit local agencies to also connect to the network. The target date for completion of this project is 2013. The initial focus will be to unify State of Oregon communications, and it is anticipated that local agencies will be given the opportunity to join the network later. For Tigard and any local community within the network, it will allow for a seamless ability to communicate, not only with the state but other local communities. For example, if both Beaverton and Tigard were on the OWIN network as envisioned, during a disaster that affected both communities, or even one, both cities would be able communicate with the same equipment being on the same network. Because this initiative is in the earliest stages of development Tigard's costs associated with joining the network cannot be ascertained at this time. As more information becomes available staff will communicate this to Council. FISCAL IMPACTS If and when this system is made available to local jurisdictions, the City will undoubtedly incur some costs should it wish to join. However, such costs cannot be determined at this time. STAFF RECOMMENDATION Staff recommends no action at this time. City of Tigard October 22, 2007 2008 Legisla a ve Agenda Water Storage Grants Dennis Koellermeier BACKGROUND/SUMMARY The 2007 Legislative Assembly, regular session produced House Bill 3203-Engrossed (a copy of which attached) which was not adopted. That proposed bill, with modifications will likely surface in the 2008 session. The proposed bill generally directs the Water Resources and Economic and Community Development Departments to provide grants for specified studies relating to water conservation, reuse and storage. The funding for this grant pool would be lottery bonds. LOC staff have informed us that they believe this bill will see activity this session. The LOC is postured to be an active participant in negotiations regarding this bill. They will be lobbing for expansion of the allowable grant size and expansion of allowable uses to include climate change impacts as an example. We have notified LOC staff that the reuse aspects of this bill are of particular interest to the City of Tigard. FISCAL IMPACTS At this time it is not known if this bill will be taken up this session and if so in what form the final version will take. Assuming it remains funded by lottery backed bonds the financial impact to the City will be moot. STAFF RECOMMENDATION Staff recommends no action at this time, but will monitor through the session. The reuse issue being discussed in Tigard is more dependent of Clean Water Services than Tigard. While Tigard can study, promote or encourage water reuse projects we are dependent on CWS having adequate water to supply us with reclaimed water as well as meeting their mandated discharge volumes during low flow periods. 74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session A-Engrossed House Bill 3203 Ordered by the House May 8 Including House Amendments dated May 8 Sponsored by Representative MORGAN; Representatives CLEM, ROBLAN, Senator NELSON SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure. Directs Water Resources [Department] Commission, in conjunction with Economic and Com- munity Development Department, to provide grants for specified studies related to water conser- vation, reuse and storage. Creates Water Conservation, Reuse and Storage Investment Fund. Continuously appropriates moneys in fund to Economic and Community Development Department to fund grants. Appropriates moneys out of General Fund to department for purposes of carrying out provisions of Act. [Authorizes issuance of lottery bonds and directs that net proceeds of bonds are to be deposited in fund. ] 1 A BILL FOR AN ACT 2 Relating to water storage; and appropriating money. 3 Whereas it is the purpose of this 2007 Act to give the Economic and Community Development 4 Department and the Water Resources Commission authority to provide grants to public bodies, 5 tribes and private entities for the purpose of enabling studies related to water conservation, reuse 6 and storage in order to ensure that a sufficient and sustainable water supply is available to meet 7 the current and future needs of Oregon's citizens and economy; and 8 Whereas to attain the purpose of this 2007 Act, the Water Conservation, Reuse and Storage 9 Investment Fund created by this 2007 Act must be administered in a prudent and fiscally sound 10 manner; and 11 Whereas it is also the intent of this 2007 Act that, upon the effective date of this 2007 Act, grant 12 moneys be available for the purposes of the Water Conservation, Reuse and Storage Investment 13 Fund immediately after moneys are deposited into the fund; now, therefore, 14 Be It Enacted by the People of the State of Oregon: 15 SECTION 1. (1) There is established in the State Treasury, separate and distinct from the 16 General Fund, the Water Conservation, Reuse and Storage Investment Fund. Interest earned 17 by the Water Conservation, Reuse and Storage Investment Fund shall be credited to the 18 fund. All moneys in the Water Conservation, Reuse and Storage Investment Fund are con- 19 tinuously appropriated to the Economic and Community Development Department to carry 20 out the provisions of this section. 21 (2) The Economic and Community Development Department shall administer the Water 22 Conservation, Reuse and Storage Investment Fund in accordance with a memorandum of 23 understanding between the department and the Water Resources Commission. 24 (3) The Water Conservation, Reuse and Storage Investment Fund shall consist of: 25 (a) Moneys appropriated to the fund by the Legislative Assembly. NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 3031 A-Eng. HB 3203 1 (b) Moneys transferred to the fund by the federal government, other state agencies or 2 local governments. 3 (c) Interest earnings of the fund and grant repayments, if any. 4 (4) Moneys in the Water Conservation, Reuse and Storage Investment Fund shall be used 5 to: 6 (a) Provide grants for project costs to public bodies, as defined in ORS 174.109, Indian 7 tribes, as defined in ORS 391.802, and private entities; 8 (b) Pay the cost of providing direct services, including but not limited to technical plan- 9 ning services, to eligible entities in lieu of grant funds; and 10 (c) Pay direct and indirect costs of the department and the commission in administering 11 the fund. 12 (5)(a) Grants awarded under this section: 13 (A) May not exceed $250,000 per project; and 14 (B) Must be matched by funding from another source that is no less than a dollar-for- 15 dollar match of the grant amount. 16 (b) The department shall make grants under this section to qualified recipients when 17 moneys in the Water Conservation, Reuse and Storage Investment Fund are available for 18 distribution. 19 (6) As used in this section, "project costs" means the qualifying expenses of a planning 20 study performed in anticipation of developing a water conservation, reuse or storage site. 21 The planning study may include, but is not limited to: 22 (a) Analyses of hydrological refill capacity; 23 (b) Water needs analyses; 24 (c) Refined hydrological analyses; 25 (d) Engineering and financial feasibility studies; 26 (e) Geologic analyses; 27 (f) Water exchange studies; 28 (g) Analyses of optimum peak, flushing and other ecological flows of the affected stream 29 and the impact of the water reuse or storage proposal on such flows; 30 (h) Comparative analyses of water conservation alternatives such as a new source of 31 supply in lieu of a water reuse or storage project; 32 (i) Cost benefit analyses comparing costs and benefits of water conservation alternatives 33 and reuse or storage alternatives; 34 0) Analyses of environmental harm or impacts from the project; 35 (k) Analyses of public benefits accruing from the project; and 36 (L) Fiscal analyses of the project, including estimated project costs, financing for the 37 project and estimated financial returns from the project. 38 (7) The Water Resources Commission shall adopt rules necessary to carry out the pro- 39 visions of this section, shall prioritize project funding under this section and shall adopt de- 40 finitions for the terms listed in subsection (6) of this section. 41 SECTION 2. There is appropriated to the Economic and Community Development De- 42 partment, for the biennium beginning July 1, 2007, out of the General Fund, the amount of 43 $1 for the purpose of carrying out the provisions of section 1 of this 2007 Act. 44 (2l City of Tigard November 14, 2007 2008 Legislative Agenda Restore Big Look Funding Ron Bunch / Tom Coffee Background / Summary At a previous briefing session with Metro Councilor Hosticka, the Mayor and other Councilors expressed concern about the future of the State's "Big Look" effort. The project was initiated after passage of Measure 37, and is intended to evaluate whether Oregon's Land Use Program is meeting Oregon's current and projected needs and values. Council expressed that it is important the program receive adequate state funding to complete its charge. The State's "Big Look" land use task force was halted following referral of Measure 49 to Oregon voters. Now that the Measure has received voter approval, state government leaders are calling for the Task Force to resume review of the state's land use system. Both Democrats and Republicans are calling for resumption of the task force. The Oregon Department of Land Conservation's (DLCD) 2007 - 2009 budget includes $750,000 for its continuation. However DLCD may request additional funding since its overall budget request was not approved by the 2007 legislature. When the project was suspended, DLCD reduced its staff support of the effort from three to .5 FTE. Following election results on November 6, Gov. Ted Kulongoski stated, "Measure 49 has set the stage for a more productive review of our Land Use System through the efforts of the `Big Look' task force." Options 1. Support the Big Look land use review project at its current funding level 2. Support the project at a higher level of funding if requested byDLCD 3. Support the project at a lower level of funding 4. Not support continuation of the project Fiscal Impacts Fiscal impacts on Tigard cannot be determined. Staff Recommendation Staff recommends that, at the minimum, Tigard advocate continuation of the "Big Look" project at its current level of funding. Optimally, the Cityshould recommend that its representatives support reasonable additional funding if requested byDLCD. G\Doctunents and Settings\joanne\Local Settings\TemporaryIntemet Files\Content.Outlook\EMGRQ4DG\legislative issue paper big look 3.doc City of Tigard November 14, 2007 2008 Legislative Agenda Urbanization Issues Ron Bunch / Tom Coffee BACKGROUND / SUMMARY Tigard and Metropolitan Region, as a whole, are facing a number of important urbanization issues. Several of these are significant at the local level and require state legislative attention. They can be grouped into three major categories 1) state annexation and incorporation statutes; 2) funding for infrastructure; and 3) urbanization and governance conflicts between cities and counties involving primarily Clackamas and Washington Counties and their municipal jurisdictions. OPTIONS (IF APPROPRIATE): These matters are politically contentious and complex and are unlikely to be considered as part of the legislatures coming 2009 legislative session. The option to no action this legislative session is to recommend that these matters be considered by the state's "Big Look" effort through a Metro area focus group, or have the Land Conservation and Development Commission (LCDC) take it on via a study committee that includes Metro Council. In addition, Metro Council with other cities' support could take up these matters as part of a future legislative package. The alternative is to accept the status quo. FISCAL IMPACTS The long term fiscal impacts on Tigard and other Portland Metropolitan area cities are significant, but cannot be determined at this time. STAFF RECOMMENDATION Advise legislative representatives that the status quo is not acceptable and that there should be legislative action that directs study of this matter by the appropriate entities including drafting of legislation for future consideration. C\Documents and Settings\joanne\Local Settings\Temporary Internet Fdes\Content.Oudook\EMGRQIDG\Urbanization legislative paper 2.doc City of Tigard November 14, 2007 2008 Legislative Agenda Pre-emption of Local Revenue Sources Robert Sesnon BACKGROUND/ SUMMARY Last year's legislative agenda included several bills that, if they had passed, would have limited the City's ability to generate much needed revenues. The City of Tigard currently imposes system development charges for parks, water and transportation. None of these three SDC charges is currently adequate to fully cover the costs of the impacts on these services as a result of new construction, and any reduction in these charges will only serve to undermine the City's ability to provide quality services to its residents. In addition, last year Tigard instituted a three cent per gallon local gasoline tax to fund much needed improvements to the Greenburg Road/Highway 99 intersection. Thus far this tax has been well received, primarily because there is a clear and direct nexus between the tax and the benefit provided. Any reduction in this tax as a result of pre-emption will likely bring a halt to these improvements. FISCAL IMPACTS The demand for public services and capital improvements currently far exceeds the City's resources. Any reductions to revenue sources will have an immediate and direct impact on these services. STAFF RECOMMENDATION Staff recommends protecting all current city revenue sources against reduction or pre-emption. Agenda Item # Meeting Date November 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Purchase and Sale Agreement for the Trust for Public Lands =L) Property Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: IPV ISSUE BEFORE THE COUNCIL Shall the Council approve the Purchase and Sale Agreement for the TPL property and authorize the City Manager to execute the agreement? STAFF RECOMMENDATION Staff recommends Council pass a motion approving the Purchase and Sale Agreement and authorizing the City Manager to execute the document. KEY FACTS AND INFORMATION SUMMARY ■ In 2004, at the direction of the City Council, the City of Tigard set out to acquire park and green space property. As part of the land acquisition process, potential properties were identified, evaluated and prioritized. Ultimately, the City developed a list of nearly 30 properties it was interested in purchasing. ■ The 4-acre TPL property, annexed into the City of Tigard in May of this year, ranked high on the City's list. ■ Representatives from the City and TPL proceeded to discuss the City's acquisition of the property. ■ An appraisal and level one environmental review of the property were conducted. The property appraised at $390,000 and the TPL has agreed to sell the property for this amount. ■ The City Attorney's office drafted a Purchase and Sale Agreement which has been reviewed by TPL staff. ■ The TPL is expected to execute the Purchase and Sale Agreement by November 21, 2007. OTHER ALTERNATIVES CONSIDERED The Council could decide not to purchase the property and provide staff with further direction regarding the acquisition of park and green space properties. CITY COUNCIL GOALS None ATTACHMENT LIST 1. Vicinity Map 2. Purchase and Sale Agreement FISCAL NOTES The cost to purchase the property is $390,000. The City has budgeted in excess of $1 million dollars in fiscal year '07-'08 to acquire park and open space properties. Sufficient funds are available to purchase the TPL property. CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM ' ti VICINITY MAP TPL Property y Attachment 1 r~ TPL Property RS FE R ~y0 FERR an „A II , i ¢ gf Qr ~ BONITA D BEEF BEND I'D' DURH RD Tigard Area Map N 0 100 200 300 400 Feet 1'= 273 f q y' Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd ~v Tigard, OR 97223 (503) 639-4171 http:Jtw w.cl.Ugard.or.us •C~ Plot date: Nov 13,2007; C:\magic\MAGIC03.APR Community Development 11/02/2007 13:11 FAX 503 598 7373 JORDAN SCHRADER PC U002/011 Attachment 2 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is entered into as of . , 2007 (the "Effective Date"), between THE TRUST FOR PUBLIC LAND ("Seller") and the CITY OF TIGARD, an Oregon municipal corporation ("Purchaser"). RECITALS Seller is the owner of real property commonly described as the Bull Mountain Property of the Trust For Public Land, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). a. Purchaser desires to purchase the Property from Seller, and Seller desires to sell the Property to Purchaser. b. It is the intention of the parties to set forth in this Agreement the terms and conditions of the sale and purchase of the Property. C. These recitals are contractual in nature and shall be construed to give full effect to the provisions of this Agreement. AGREEMENT In consideration of the mutual promises set forth in this Agreerrignt, the parties a .gee as follows: I . Purchase Price. The purchase price (the "Purchase Price") to be paid by Purchase:- to Seller for the Property is Three Hundred Ninety Thousand Dollars (5390,000.00). The Purchase Price shall be payable in cash or other readily available funds through es:rovv at the Closing (as that term is defined below). 1.1 No Broker's Fee Paid By Purchaser. Seller shall be sole]v responsible for any and all real estate broker fees and commissions if any, and Purchaser shall not be obligated in.any way to pay any such fees or commissions related to this Purchase and Sale Agreement. Each party warrants that it has not utilized the services of art agent, broker or finder Page 1 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 590N-3679_ N)a1P5A.d"c.I1.D 11 2 2007 11/02/2007 13:11 FAX 503 598 7373 JORDAN SCHRADER PC 9003/011 with regard to the transaction contemplated by this Agreement. Seller hereby agrees to eefend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to defend, indemnify and hold harmless Seller, from and against any claim by any third parties not named herein for brokerage, commission, finder's or other fees relating to this Agreement or the sale of the Property, and any court costs, attorney's fees or other costs or expenses arising therefrom, and alleged to be due by authorization of the indemnifying party. 2. Escrow. 2.1 Escrow. Agent. Upon execution of this Agreement., the parties shall deliver a copy of this fully executed Agreement to Ticor Title Insurance Company, 1000 SW Broadway, Ste. 1555, Portland, Oregon 97205 (the "Escrow Agent"). Seiler and Purchaser hereby authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of this Agreement. Further, Seller and Purchaser hereby authorize their respective attorneys to execute and deliver into.escrow any additional instructions consistent with this Agreement as may be necessary or convenient to implement the terms of this Agreement and to close this transaction. 2.2 Earnest Money. Within ten (10) days.of the opening of eGcrow as provided below, Purchaser shall deposit with the Escrow Agent earnest money in the amount of F*fVE THOUSAND DOLLARS ($5,000.00) (the "Earnest Money") to be held, applied and distributed as provided in this Agreement. 2.3 Cancellation Fees and Expenses. In the event this Agreement is terminated because of the non-satisfaction of any condition set forth in Section 3 of `his instrument, or in the event this Agreement is terminated because of Purchaser's default, any cancellation charges required to be paid to Escrow Agent shall be borne by Purchaser. In the :vent this Agreement is terminated because of Seller's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Seller. 3. Conditions Precedent to Purchaser's Obligation to Close. Purchaser's obligation to close the transaction described in this Agreement is expressly contingent oil satisfaction or waiver by Purchaser of all of the following conditions precedent: 3.1 Approval of Title by Purchase 3.l .l Preliminary Title Report. Within five (5) days of the effective date of this Agreement, Purchaser, at Purchaser's expense, shall 'obtain a Preliminar3 Title Report issued by the Escrow Agent, describing the Property, listing the Purchaser or the Purchaser's designee as the prospective named insured, and showing as the policy amount the total Purchase Price. The Escrow Agent shall also deliver to Purchaser copies of any financing statements filed against the Property and true, correct and legible copies of all instruments referred to in such Preliminary Title Report as conditions or exceptions to title to the Property, including liens. 3.1.2 Title Objections Page 2 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 3 J144-36792 FinaO'SAdoc 1LD•11 2 2007 11/02/2007 13:12 FAX 503 598 7373 JORDAN SCHRADER PC Z004/011 3.1.2.1 Notice to Seller. In the event the Preliminary Title Report should show any exceptions other than the Permitted Exceptions (defined below), Purchaser shall deliver to Seller written notice of disapproval of exceptions within tan (10) days of Purchaser's. receipt of the Preliminary Title Report. Failure of Purchaser to disapprove of any exception within such time shall be deemed an approval. 3.1.2.2 Seller's Removal of Exceptions. In the eve-it Purchaser shall disapprove any exceptions to title, Seller, within five (5) days of wr. tien notice of disapproval by Purchaser, notify Purchaser in writing of those disapproved exceptions that Seller agrees to remove, or will not remove, prior to the Closing. 3.1.2.3 Purchaser's Remedies. In the event Purchaser does not approve all title exceptions and Seller is unable or unwilling to remove the disapproved exceptions within 5 days of any notice under section 3.1.2.2., the Purchaser may, in Purchaser's sole discretion, 1(i) terminate this Agreement, in which event all the rights and obligations of the parties under this Agreement shall be null and void; or (iii) agree to close this transactior subject to all unremoved exceptions. In no event shall Seller be required to remove or to reimburse Purchaser for the removal of any lien or other exception to title created by Purchaser's activities with respect to the Property. 3.1.3 Permitted Exceptions. As used herein, the term "Permitted Exceptions" means: The standard printed exceptions contained in the Preliminary Title Report of only zoning ordinances, building and use restrictions, reservations and federal patents, arid utility easements of record. 3.1.3.1 The standard printed exception for encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey and inspection of the premises to the extent allowed by applicable rules and regulations unless Purchaser obtains a survey of the Property, at its sole expense, and Purchaser obtains the right to object to any exceptions that would be disclosed by an accurate survey. 3.1.3.2 The standard exception as to the lien for ta;.es, limited to the period during which Closing is scheduled to occur for which said taxes are not yet due and payable. 3.1.3.3 Any exception contained in the Preliminary Title Report that has been approved by Purchaser. 3,1.3.4 Any lien or encumbrance created by Purchaser, including my from Purchaser to Seller. 3.2 Approval of Studies. Seller and Purchaser agree that all studies relevant to the Property have been performed and Purchaser has deemed the Property suitable for its int ended use. Page 3 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 5.1014-36792 FWIFSA.doc 1LD 11 2 2007 11/02/2007 13:13 FA.Y 503 598 7373 JORDAN SCHRADER PC zoos/011 3.3 Failure of Conditions Precedent. 7n the event of a failure L)f any condition precedent to Purchaser's obligation, or if Purchaser has timely terminated this Agreement pursuant to Sections 3. 1, or 3.2, the escrow and the rights and obligationv of Purchaser a:ad Seller under this Agreement shall terminate, and the Earnest Money deposit by Purchaser shall be returned to Purchaser by'Escrow Agent, less any cancellation charges de:,cribed in Section 2.3. 4. Seller's Warranties. 4.1 Marketable Title. Seller warrants that, at the time of Closing, that no work, labor or materials have been expended, bestowed or placed upon the Property, adjacent thereto or within any existing or proposed assessment. district which will encumber the Property and which will remain unpaid at close of escrow or upon which a lien may be filed at close of escrow. 4.2 Parties in Possession. Seller warrants that as of the close A escrow there will be no rental agreements, contracts, leases or other agreements affecting the use or occupancy of the Property. 4.3 Authority of Seller. Seller warrants that it has the authorii'y to execute this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations hereunder, and that the party executing this Agreement on behalf of Seller has been fully authorized by appropriate resolution to bind Seller to the terms and provisions hereof. 4.4 No Clption Or Right of First Refusal to Acquire Premises- Seller represents that no person or entity has any right of first refusal or option to acquire any interest in the property or any part thereof. 4.5 Environmental Warranty. Seller has no knowledge of anv existing, or pending claim or of any facts or circumstances that may give rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous materials. To the best of Seller's knowledge no hazardous materials have been discharged upon, brought upon or stored on the Property in violation of applicable law or regulations. As used herein "hazardous materials" means any substance the presence or discharge. of which is regulated by any federal, state or local law or relating to the protection of the environment or public healtr. 5. Closing. 5.1 Closing Date. The closing (the "Closing") of the sale of fie Property by Seller to.Purchaser shall occur in escrow in the offices of the Escrow Agent within thirty (30) days of the date of full execution of this Agreement (the date of the Closing being the "Closing Dale"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by this Agreement are executed and delivered, and the Purchase Price is paid through escrow tc Seller as provided in this Agreement. 5.2 Deliveries to Escrow Agent. In connection with the Closing, the Page 4 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 0014•367W Fina)PSA dDc AD 11 22007 11/02/2007 13:13 FAX 503 598 7373 JORDAN SCHRADER PC 03006/011 following shall occur, and the performance or tender of performance of al* matters set forth in this Section 5.2 shall be mutually concurrent conditions: 5.2.1 Seller's Deliveries. On or before the Closing Date, Seller, at Purchaser's cost and expense, shall deliver the following into escrow: 5.2.1.1 Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances other than the Permitted Exceptions; (ii) An ALTA standard coverage owner's title policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions; provided that Purchaser shall have: the right to order an ALTA extended coverage owner's policy. Seller shall be responsible for and pay the premium for the standard ALTA owner's policy; and Purchaser shall pay the additional premium for an ALTA extended coverage owner's policy, together with a 'I related expenses. (iii) Certificate executed and sworn to by Seller (a) confirming Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal ReN enue Code of the United States of America of 1986 and otherwise in compliance with § 1.1445-2T of the regulations promulgated thereunder. 5.2.2 Purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver the Purchase Price into escrow. 5.3 Closing Costs/ Prorations. Seller and Purchaser shall each pay one-half of all escrow fees. Purchaser shall pay the cost of recording the Deed, and Seller shall pay the cost of an ALTA standard coverage owner's policy of title insurance. Purchaser shall pay the additional premium necessary for an ALTA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended coverage, together with all other attendant costs for such extended coverage. Seller shall pay Washington County transfer taxes. Ad valorem and similar taxes and assessments relating to the Property shall be prorated between Seller and Purchaser as of the Closing Date, Seller being charged and credited for the same up to such date and Purchaser being charged and credited for the same on and after such date,. elf the actual amounts to be prorated are not known at the Closing Date, the prorations shall be comppted on the basis of the evidence then available; when actual figures are available a cash settlement shall b made between Seller and Purchaser. The provisions of this Section 5.3 shall survive the Closing. 5.4 Authority Documents. Purchaser and Seller shall, if requested by the other- party or the Escrow Agent, furnish satisfactory evidence of their authorit) to consummate: the sale and purchase contemplated by this Agreement. 5.5 Possession. Seller shall deliver to Purchaser possession of the Property of the first full day after completion of the Closing- Page 5 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS J0*0/4-967V Ficu1PSA.doc JLD 11.2 2007 11/02/2007 13:14 FAX 503 598 7373 JORDAN SCHRADER PC Q007/011 6. Remedies. 6.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its obligations under this Agreement for any reason other than failure of a condition precedent to occur or termination of this Agreement pursuant to Sections 3.1, 3.2, or 3.3, then Seller may terminate this Agreement by notifying Purchaser thereof, in which event neither party shall have any further rights or obligations hereunder. 6.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its obligations under this Agreement for any reason other than termination of this Agreement by Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and thereafter neither party hereto shall have any further rights or obligations hereunder. or (ii) Purchaser may seek any other rights, resources or remedies (including, without limitation, specific performance)'available to Purchaser, such rights, remedies and tesources hereunder to be cumulative, and not in exclusion of any other. 7. General Provisions. 7.1 Time. TIME IS OF THE ESSENCE of this Agreement. 7.2 Full Authority. Each of the signatories to this Agreement-represents and warrants that he/she has the full right, power, legal capacity and authority to enter into and perform his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. 7.3 Negation of Agent and Partnership Any agreement by either party to cooperate with the other in connection With any provision of this Agreement shall not be construed as making either party an agent or partner of the other party. 7.4 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. 7.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTEC-ING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGUL4TIONS THAT, IN FARM OR FOREST.ZONES,.MAY NOT AUTHORIZE CONSTRUCTION _OR SITING OF A RESIDENCE OR THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFOR;r SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF NEIGHBORING PROP17IRTY OWNERS, IF ANY, UNDER ORS 197.352. Page 6 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 59010.36M Fina1PSA.doc AD 11 2 2007 11/02/2007 13:15 PAX 503 598 7373 JORDAN SCHRADER PC U008/011 7.6 Severability if any ,provision of this Agreement shall be held to be void or invalid, the same shall not affect the remainder hereof which shall be affective as though the void or invalid provision had not been contained herein. 7.7 Modification or Amendments. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 7.8 Waiver. Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach A any provision be a waiver of any succeeding breach of the provision or a waiver of the prov, sion itself or any other provision. 7.9 Assignment. Seller shall not delegate its duties under this Agreement to any party without the written consent of Purchaser which may be granted or withheld in the sole and unfettered discretion of Purchaser. Seller acknowledges and agrees that the continuing obligation of Seller regarding remediation of hazardous materials which ;nay be located on the Property and for indemnification as provided in this Agreement constitut;, a material portion of the consideration for entry into the Agreement by Purchaser. Purchaser :hall not assign its right, title and interest under this Agreement without the prior written consent of Seller, which consent shall not be unreasonably withheld by Seller; provided, however that no such consent shall release Purchaser from its obligations hereunder. 7.10 Successors and Assigns. Subject to the provisions of Section 8.9, this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. 7.11 Notice. All notices required or provided under this Agreement shall be in writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as cert ified mail, postage prepaid, directed to the other party at the address Fet forth below or such other address as the party may indicate by written notice to the other as provided herein; notice given in any other manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Seller, to: The Trust for Public Land 806 SW Broadway Ave., Suite 306 Portland, OR 97205 If to Purchaser, to: City of Tigard Attn: Dennis KoellermeieT 13125 SW Hall Boulevard Tigard, OR 97223 Page 7 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 511014-367Y2 Fina[PSAADc AD 11 2.2007 11/02/2007 13:15 FAX 503 598 7373 JORDAN SCHRADER PC Q009/011 With a copy; to: Timothy V. Ramis Jordan Schrader Ramis P.O. Box 230669 Portland, Oregon 97281 7.1.2 Counterparts. This Agreement may be executed in severa' counterparts, each of which shall be an original, but.all of which shall constitute but one and the same agreement. 7.13 Captions and Headings. The captions and headings of this Agreement are for convenience only and shall not be construed or referred to in resolving, questions of interpretation or construction. 7.14 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or such holiday. 7.15 Attorneys' Fees. If a suit, action, or other proceeding of avy nature whatsoever (including any proceeding under the Bankruptcy laws of the United States) is instituted in connection with any controversy arising out of this Agreement, or to interpret or enforce its terms and provisions, the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined-by the court at trial or on any appeal or review, in addition to all other amounts provided by law. 7.16 Entire Agreement. This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. EXECUTED as of the Effective Date. SELLER: PURCHASER: ACCEPTANCE BY TITLE COMPANY Page 8 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 50414-36792 Fina1PSA.docJ1.D H 2 2007 11/02/2007 13:16 FAX 503 598 7373 JORDAN SCHRADER PC Q010/011 by its duly authorized signature below, agrees to accept this escrow on the terms and conditions of, and to comply with the instructions contained in, the foregoing Agreement. By: Print Name: Its: Page 9 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 30714.36791 FinaIPSA.doc : LD 11 2 2007 11/02/2007 13:16 FAX 503 598 7373 JORDAN SCHRADER PC Q011/011 A A parcel of land located in the southwest one quarter of Section 5, Township 2 Soul:h, Range 1 West of the Willamette Meridian, County of Washington. State of Oregon, beingimore particularly described as follows: Commencing at the. southeast comer of the Southwest one quarter of said Section 5, Township 2 South, Range 1 West of the Willamette Meridian, County of Washington and State of Oregon and running thence North following the east line of said one quarter section 668.5 feet to the True Point of Beginning; thence North following said east line 321.50 feet, said point also being the southeast comer of the Bull Mountain Meadows No. 4 subdivision; thence west along the southerly boundary of said Bull Mountain Meadows No_ 4, South 89155'08" West 575.16 feet; thence South 22°29'3T' East 73.91 feet; thence South 4601433" East 131.38 feet; thence South 75°48'28" East '12.99 feel; thence South 51°46'43' East 159.80 feet; thence South 43°52'00" East 57.71 feet; thence South 20°30'45' East 39.45 feet; thence North 73°07'02" East 68.53 feet; thence South 89P45'1 V Enst 193.00 feet to the True Point of Beginning. Legal Description a TICOR TnLE *43ARA 6E COMPANY Ian SW Sah-W PQdhr4 OR em Trust for Public Lands Property + r } Located within TPL the Property City of Tigard e on the north side of Bull Mountain .acre pr°pert •sed at $3901000. y appr al was ►-~he 3.23 - - Ak, Jet ':f f;V± f 461 wr ~ i ! ky Lam' i' ctvg.w i kr r ~ rf~~ :t. AIR .kY~~f k4 J t✓.. ,1 the If u.rchased, t p could be property h,. ned 1 i Cora .ghboring nel d ubliel`~ . owne p d b a,n e ropersles s 4, , p 1 da WiNg y, ,level ark/open S?ace* r. r 1 P