City Council Packet - 12/11/2007
City of Tigard, Oregon • 13125 SWHall Blvd. Tigard, OR 97223
TIGARD
TIGARD CITY COUNCIL
MEETING
December 11, 2007
COUNCIL MEETING WILL BE TELEVISED
1: \Ofs\Donna's\Ccpkt 1
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
0 Revised Study Session December 10, 2007 - Added Exec. Session topic under ORS 192.660
i to discuss pending litigation; emove n ay l onumen ons con Update;
Added Preview of "Water for Tomorrow' DVD
rr
F CITY COUNCIL MEETING
MBER 11, 2007 6:30 p.m. IGARD CITY HALL
125 SW HALL BLVD
AI
TIGARD, OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no
sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen
Communication items are asked to be two minutes or less. Longer matters can be set for a future
Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15
p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after
7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled
for Council meetings by noon on the Monday prior to the Council meeting. Please can 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 Agenda
December 11, 2007 Page 1
AGENDA
TIGARD CITY COUNCIL MEETING
DECEMBER 11, 2007
6:30 PM
• STUDY SESSION
o EIYECUTIVE SESSION: The Tigard City Council will go into Executive Session
under ORS 192.660 (2) (e) to discuss real property transactions and ORS 192.660 (2)
(h) for consultation with legal counsel regarding pending litigation. 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.
If final action is to be taken, the City Council will do so during the Business Meeting
(see Agenda Item No. 6)
o City Attorney Review
o Council Discussion Regarding City Attorney Rate Increase Request
o Preview of DVD "Water for Tomorrow"
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Tigard High School Student Envoy Megan Foltz
• Presentation by the Durham Twality Lego Robotics Team - (Presentation by 5th and
6th grade students on a Tigard project for sustainable, renewable energy)
• Citizen Communication - Sign Up Sheet
• Follow-up to Previous Citizen Communication
Tigard City Council Agenda
December 11, 2007 Page 2
7:5513M
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 Receive and File: Canvass of Votes for November 6, 2007 Election - Certifying that
Nicholas Wilson was Elected to a One-Year Term, January 1, 2008 through
December 11, 2008
3.2 Reappoint Rex Caffall and Stuart Hasman to the Planning Commission - Resolution
No. 07-
3.3 Approve Modification to Existing Fees and Charges Schedule to Collect an Additional
Four Percent State Surcharge on Permits Issued by the Building Division - Resolution
No. 07-
Consent Agenda - Items Removed for Separate Discussion: Any items requested to he removed firm
the Consent Agenda for separate discussion //be considert?d immediately after the CounczI has voted
on those items wbieb do not need discussion.
8:00 I'M
4. INTRODUCTION OF THE NEW TUALATIN VALLEY FIRE AND RESCUE TIGARD
STATION 51 FIRE CAPTAIN
• Captain Jeff Johnson
8:10 I'M
5. RECEIVE THE 2006/07 SILVER SAFETY AWARD PRESENTED TO THE CITY OF
TIGARD BY THE LEAGUE OF OREGON CITIES AND CITY/COUNTY
INSURANCE SERVICES BRONZE MEDAL AWARD FOR WELLNESS PROMOTION
• Staff Presentation: Administration Department
8:151'M
6. DISCUSSION WITH WASHINGTON COUNTY COMMISSION CHAIR BRIAN
• Introduction: Administration Department
9:05 I'M
7. 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
Tigard City Council Agenda
December 11, 2007 Page 3
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. Continuation of Public Hearing process on this agenda item from the November 27,
2007 City Council meeting: Council Deliberation.
b. Staff Report: Proposed ordinance including changes requested by the City Council
during previous discussion.
C. City Council Discussion
d. City Council Consideration: Ordinance No. 07-
9:20 PM
8. POTENTIAL ACTION ON A REAL ESTATE TRANSACTION (See Executive Session
Citation for the Study Session Above)
• Staff Report: Public Works Department
9:35 1'M
9. COUNCIL LIAISON REPORTS
10. NON AGENDA ITEMS
9:45 PM
11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an
Executive Session is called to order, the appropriate ORS citation will be announced
identifying the applicable statute. All discussions are confidential and those present may
disclose nothing from the Session. Representatives of the news media are allowed to attend
Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information
discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
10:00 1'M
12. ADJOURNMENT
I:\ADM\Cathy\CCA\2007\07121 Ldoc
Tigard City Council Agenda
December 11, 2007 Page 4
City of Tigard, Oregon
Affidavit of Posting
In the Matter of the Proposed Ordinance(s)
STATE OF OREGON )
County of Washington) ss.
City of Tigard )
I, , being first duly sworn (or affirmed), by oath (or
affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance Number(s)
, which were adopted at the City Council meeting of
aL4~, with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part
hereof, on the
Q~.
day of C C44 L (e~ )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
Q - 'I -
Signature of Person who Performed Posting
Subscribed and swor frr ed) before me this day of
Ce441 , 20 b-7
OFFICIAL SEAL
JILL M BYARS Signa e of Notary Pub 6c for Oregon
NOTARY PUBLIC-OREGON
COMMISSION NO. 381793
MY COMMISSION EXPIRES JUNE 14, 2008
\\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC
CITY OF TIGARD, OREGON
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 corresponding to Statewide
Planning Goals 6, 8, and 13; and
WHEREAS, the Tigard Planning Commission held a public meeting, which was noticed in accordance
with City standards, on August 20, 2007, and recommended approval of the proposed CPA 2007-
00001 by motion and with unanimous vote; and
WHEREAS, on October 23, 2007, the Tigard City Council held a public hearing, which was noticed
in accordance with City standards, to consider the Commission's recommendation on CPA 2007-
00001, and at this meeting Council closed the hearing and continued its deliberations to November
27, 2007; and
WHEREAS, on November 27, 2007, the Tigard City Council held a public meeting to deliberate on
CPA2007-00001; and
WHEREAS, on December 11, 2007 the Tigard City Council adopted CPA 2007-00001 by motion,
as amended pursuant to the public hearing and its deliberations; and
WHEREAS, Council's decision to adopt CPA 2007-00001 is based on the findings and conclusions
found in the City of Tigard staff report dated August 13, 2007 and the associated record which are
incorporated herein by reference and are contained in land-use file CPA 2007-00001.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing
text as shown in "EXHIBIT A"; and
ORDINANCE No. 07-
Page 1
SECTION 2: 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 Un0 rll MtpLt5 vote of all Council members present after being read by
number and title only, this ~l day of C~ m , 2007.
2
C-~~a,~
Catherine Wheatley, City corder
APPROVED: By Tigard City Council this day of 2007.
Craig irksen, Mayor
Approved as to form:
A I
,A~o~~~
ttorney
ORDINANCE No. 07-
Page 2
' Exhibit A
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Environmental Quali
ty
`Managing the effects of human impacts on air,
water and land resources, including energy. "
Air Resource Quality
Water Resource Quality
Land Resource Quality
. - 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. This 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
• A r Wa arnd ind Resources Qualr
"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
framework for national, state, and local efforts to protect air quality. Under the
Comprehensive Plan City of Tigard 6-1
ENVIRONMENTAL QUALITY
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 NAAQS 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,
regional efforts were established to monitor and
plan for pollutants. The City of Tigard is part
of the Portland Area Airshed (PAA), which is
defined by the Metro service boundary. The DEQ
is responsible for ensuring the PAA meets the
essential r national standards and developing the necessary
U lit" Of plans to continue compliance. Currently, the PAA
meets all NAAQS standards (three-year averages
are used to determine attainment/non-attainment
life incli,tdi t
ng~
of the standards: eight-hour ozone, particulate
strong. 'and matter, and carbon monoxide). However, DEQ
ti is required to develop maintenance plans for
carbon monoxide and ozone to ensure continued
compliance.
4.
. r n µ 4 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 trans-
portation systems that reduce dependence on the automobile. The city can
coordinate with the Oregon Department of Environmental Quality to ensure
6-2 City of Tigard Comprehensive Plan
Air Resources
that industries requiring DEQ permits 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 pollu-
tion. 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 FINDINGS
■ 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% since 1990.
■ The primary sources of household pollutants in Tigard include mood
burning fireplaces, and lawn and garden equipment.
• The Oregon Legislature adopted a number of specific measures to address
air quality in the region.
• The citizens of Tigard value trees and natural resources and feel that
protectuig these resources will benefit the community.
GOAL.
6.1 Reduce air pollution and improve air quality in the community and region.
PO L.ICFE S
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 walking, biking, and/or public transit.
4. The City shall continue to investigate and implement practices that
reduce air pollution associated with municipal operations.
Comprehensive Plan City of Tigard 6-3
ENVIRONMENTAL QUALITY
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.
R.l?.CONfMENDED ACTION MEASURES
i. Perform a land use analysis to identify residential zones that could
potentially accommodate mixed use or neighborhood commercial
development.
ii. Adopt and implement development regulations that include provisions
or incentives for alternative transportation use, particularly in Metro
designated corridors and centers.
iii. Perform a sidewalk inventory that results in a citywide GIS layer to be
used for gap analysis and the creation of a sidewalk improvement plan.
iv. Identify neighborhoods underserved by public transit and seek
improvement to service in these areas.
N: Pursue funding for transportation related projects that would reduce
congestion by improving flow, but not by increasing capacity.
vi. Expand the Free Street Tree Program by actively engaging
neighborhoods and creating a pool of community volunteers to help
with the plantings.
vii. Place educational materials in the schools, Tigard Public Library; and
City Hall that demonstrate actions individuals can implement to help
improve air quality in the community.
viii. Research light trespass regulations from other municipalities and
consider developing standards for Tigard.
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
6-4 City of Tigard Comprehensive Plan
Water Resources
wildlife that rely on clean water for habitat. To limit harmful unpacts 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 Environmental Quality (DEQ) has been charged with estab-
lishing standards, regulating, and monitoring Oregon's waters for compliance
with the CWA and NPDES.
Large municipalities typically have NPDES
permits for their wastewater treatment facilities &
use
and for stormwater runoff, called a Municipal
Separate Storm Sewer System (M- S4) Permit. In regulations
urban Washington County, which includes the
an also, help
City of Tigard, the permits have been combined
and are held by Clean Water Services (CWS). reduce, water
The combined permit was issued for the entire
Tualatin River watershed to guide a basin-wide -pollution
effort to improve water quality. It requires CWS
to submit a Stormwater Management Plan and ~'by reducing AL
a Wastewater Management Plan to DEQ. These
t' ~
two plans outline the best management practices
that CWS, its member cities, and Washington e -and
County commit to employ to reduce pollutant
discharges, regulate temperature, and comply with '
anv Total Maxu* num Daily Load (I'MDL) levels
that have been established. stor'm water
retentioinvand
The City of Tigard is a co-implementer of
the permits and associated plans through an treatment
Intergovernmental Agreement (IGA) with CWS.
The IGA outlines the functions the City must o
perform that are critical to the operation, main-
tenance, and management of stormwater and
wastewater facilities and to ensure compliance with the CWA.
Separate from the NPDES permit process, Clean Water Services has developed
a Surface Water Management Program to manage non-point source pollution
impacts on water quality. The Plealtl)y Streanis Plan, a public education program,
and watershed restoration projects are among the several activities undertaken
Comprehensive Plan City of Tigard 6-5
+ ENVIRONMENTAL QUALITY
to improve the water quality of streams and wetlands within the Tualatin River
basin.
The City also has an' mportant role in improving water quality. For example, it
has committed staff and resources to implement the Healthy Streams Plan. This
involves ongoing efforts to restore stream health and associated riparian areas,
educating the public about how individual actions can improve water quality,
and coordinating policies and actions with other jurisdictions and agencies.
These actions help maintain compliance with Metro's Urban Growth Management
Functional Plain Title 13 and implement the Nature 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 in 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.
• The citizens of Tigard are concerned about the impact of. growth on the
community's natural resources.
6-6 City of Tigard Comprehensive Plan
Water Resources
GOAL
6.2 Ensure land use activities protect and enhance the community's water
quality.
PO1..IC1 ES
1. The City shall require that all development complies with or exceeds
regional, state, and federal standards for water quality.
2. The City shall continue cooperation with
federal, state, and regional agencies in the
management of Tigard's water resources
and the implementation of plans and
programs. '
3. The City shall encourage the use of
low impact development practices that t
reduce stormwater impacts from new and
existing development. `
4. The City shall protect, restore, and + 0
enhance, to the extent practical, the
natural functions of stream corridors, t
trees, and water resources for their
positive contribution to water quality. •
5. The City shall require measures to
minimize erosion and storm run-off ?
from development sites during and after
CI ti
construction.
'a
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 Cite 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 impervious 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.
v 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.
vii. 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 contaminate our streams.
xiii. Research the feasibility of incentives for new development and retrofits
to use green concepts during parking lot construction.
6-8 City of Tigard Comprehensive Plan
Land Resources
Section 3: Land Resources Quality
Modern life inevitably leads to the production of waste. From the point in time
when cities are first developed, and continuing throughout their occupancy,
by-products of human activity must be collected and properly disposed of to
protect the health of both people and the natural environment. To accom-
plish this, the state of Oregon and Metro has partnered to create laws, rules,
and programs to direct reduction and efficient removal of waste. The Oregon
Department of Environmental Quality (DEQ is responsible for ensuring
compliance with state rules and statutes. DEQ is also responsible for preparing
the Oregon State Integrated Resource and Solid Viste Management Plan.
Within the Portland Metropolitan Region, Metro has the responsibility for
oversight and management of solid waste collection and disposal. This includes
an.
the responsibility to prepare and update the Regional Solid Waste Managenrent.PI
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 iecommending 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.
Comprehensive Plan City of Tigard 6-9
t~
ENVIRONMENTAL QUALITY
KEY FINDINGS
■ Per capita generation of solid waste has increased annually by 3.2% 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% by 2009.
• Tigard's residential recycling rate was 53.5% in 2005, while the commercial
recycling rate was 22.7%.
■ Regionwide, there are significant opportunities for waste reduction
improvements in the construction and business sectors.
■ Oregon DEQ regulates hazardous waste collection, disposal, and cleanup
programs. DEQ also provides education and technical programs to reduce
risks associated with hazardous wastes.
■ Metro maintains its own household hazardous waste recovery program in
cooperation with DEQ.
■ The citizens of Tigard are concerned about population increases and the
impact upon the community.
GOAL
6.3 Reduce the amount of solid waste entering landfills.
POLICIES
1. The City shall continue collaborating with federal, state, and regional
agencies in the development and implementation of solid waste
management plans and programs.
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
D. Comply with applicable plans, policies, and laws.
3. The City shall collaborate urith 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
6-10 City of Tigard Comprehensive Plan
Land Resources
C. Reduction of solid waste generated from construction and
business activities.
5. The. City shall reduce the amount of solid waste associated with
municipal operations.
R1-COA MF_NDED 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.
iii. 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 641
4. AIR, WATER AND LAND RESOURGES QUALI
41tis ehapter addresses the eafteemg expressed by Statewide Plafifting Goal #6 whieh is,
Envirafitnent2l isstteg, throughout our nation and region, hftve produeed an impressive li9t of
agefteies dealing with some aspeet of our environment. NatieflAy, there is a eonfitsing array &f
C) )ttpg and depattments, seine working speeifieftUy in the refthn of envitomnent and many
others who deft! with environmentft! aspects only iftasmtteh fts their Ft impinges
_i ateag of
Eq. in ftddition, there ftre otherg thm devote only ft pattion of their effore to
.State and regional attChority bring to bes± more gpeeifie eaneerag ftttd tegulationg regftrding their
treatment;
Tlipard is Metro, witieh has re9ponsibifity for, air qttftlity, water ftnd solid wftste an t3Ybatt rec'
Grd. 02-4-5)
-4.4 AIR QUALI
~Mthin the T-igttrd Planning Area there ftre at satffee ftff 'Polluters.
Area (AQNIA). This ftreft is deseribed itt the draft Stme implementation Plan (SIP) for
entire AQNIA ig in tieftattftintnefit for meeting 4te teeently revised federal ambient *ir qttfthty
6-12
Environmental Quality CPA2007-00001
fA: ,
E~
„
G-13
CPA2007"00001
~~o1ental Qty
Gomprehensive Land Use Plans"
quality.
to ensure thm 6ttd uses and ttetivities in 4~gard eomply with Federal and State *ir quality
stftftd2trd&.
f ftnd by eneottraging the use
Ord. 02-4-5)
Fiftdiftgg
I
The qttfthty of f inftstntteh as the waters ftte not tiged
driftkie, .
f removal of vege. -i f
sewers, Offie . . * - !s ean reduee the negative effeets of urban development an water quality
ftttd quantity ptobterns. Examples inelude aft site retention/ detention of starm I
f
3NIftshittgton Go".
f
f
f
Manufth
(Rev. Ord. 02-4-5~
T)f1T
6-14
Environmental Quality CPA2007-00001
4 .4.4 ALL r)E-ArEM a WITHIN THE TIG A D D o T TDB A ?,.DT A ATATTA G AREA
- r~~ 11
T A T
Dc i T T GOMPL-Y WITH A rnT T!`A RT E FEDERAL, S: RATE E AND D RGTHA
ZT AND 1J
WA:FER QUALITY 1
G AN VA-TER CEDVICEC+ DESIGN AND GONSrrni CTION MANUAL.
Ord. 02 15)
4.'.' TLTE !"TTV C AT T ` IZE AND ASSUME ITS RESPE) vCTBTT TTY FOR
GP D A TTATG PLANNING AND REGULATING W A CTEIVI A TED CVCTENIS AS
o ,
DESIGNATED TT N,{ETO'SWASTE 'TD E A TTAEN T~ MANAGEMENT
C-EAPGNENT. ffL-V. Ord. 02 15)
1NIP ETR NTATION CT= zDa rATEGIEC
Lzra--o r~^-'
1. in erder te impfave the water quftlity and quftntity in the Tigard t gie City
water quali
0
9t9fti ruft6fffil
Y
ACM MK Y and quantity Y g) R
2. 4he City sh*U fiet perrr,~t industrial or athet! uses whieh vielate State of Gregan water quah
3. The City shafl eeoperitte with the Metre and other ftppr i to e9tablish L
Clean Water Serviees ftnd be eeftneeted to the City's ar the Clean Water Servieeg 9
sewerage sys ems.
4.3 NOISE P-OL4=UT-I()?4
cgs
6-15
Environmental Quality CPA2007-00001
related to vai-iotts health prablefn&.
'mot.' Y 1'1 1 1.~
ANoise 1 1 C 1 ` ,.11 :.7....:..:,.1 ,7:,...«iets ift T'vd as
pa.ua to b vv
:nte higheqt noise leveb appear to be found along Pfteifie Highway (99SX9, Main Street, 1 )
Hwy. 217 ftnd 14A Boulevard.
part approfteh! 4) 9 . . )ft reduetion; 2) improved highway design and street degign,
nT'OUG
43.1 T-14 GTTY SHALL,
REQUIRE DEVELOPMENT DD~lylT)OS0~ LS LO~7`+~e(T7E~DT~ TAT A NOISE
CONGEST-ED E OF Ti-riE APPLICABLE STANDARDS TO TATGO PO A Tl; _T__14
FOLLOWING TATTG T14E SITE PLAN!
Y'---BUILDING nLAGENI ✓TV'2" ON T! iB SITE TAT AN AREA lY/HE;
T14E NOISE LEIVELS WILL HAVE A w.f~M,f A T MT A GT; 0
7 T A ATTIC/` A T)ING AND OTUED TECHNIQUES TO LESSEN NOISE
zuva_i v
!NIP A GTC TO LEVELS ('r NIP A TT12 T L' WIT1 i THE SURROUNDING
LAND USE&
AND APPLY T-14 E DE ;Q T A ND USE COMPATIBILITY PROGRAM.
e. WHERE A PPT Ti- A B16H REQUIP r_. A STATEMENT RO M -
A T)T)D OOP T A Tl; AG 1✓ NGY (PRIOR TO T! 1B APP O TAT OF -A LAND T &
IMPLEMENTATION STD ATlJGI C
Q'I'I'Q1Tr-v a.._~.~
"floige n
6-16
Environmental Quality CPA2007-00001
:r ''.Z, IlAillitt
R A T A AT D ClIT iD r
)
A thin 0 T14
LAND
TT,f T"ATTATr~wr G`TD ATJ T'` G 1
)
)
6-17
CPA2007-00001
Environmental Quality
t +~~~~H,,ttS,t4 4` a~ .t^ r_~7 ~•tlF. ~tyN'et'ta.: ~ ~ 4r`~tr~~ _ •tyt .
k
4
,f
x
a
`Land and uses developed on the land shall be
managed and controlled so as to maximi.Ze the
conservation of all forms of energy, based upon
sound economic principles. "
ems
r h.
A~.
SFiy#,
0 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.
-77 -
G a EYie sere arioi~
`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 Oregon .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 Oregon Enemy
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
mauitain or increase already high oil prices.
Comprehensive Plan City of Tigard 13-1
SENERGY 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
L E efforts can provide insulation from, and reduce
;Fm'Y fi~a the community's vulnerability to, volatile pricing
n" V
r~ and supplies. They are also consistent with
u t.' ' ,y
statewide planning Goal 13 for maximizing the
conservation of all forms of energy. Building
efficiency standards, the Leadership in Energy
F X k 4, R and Environmental Design (L,EED) rating
system, and weatherization programs are options
for promoting energy conservation in build-
r, ings. Metro's Regional Transportation Plan (RI P) is
e
r^4~ required to address energy conservation, effi-
• ciency, and alternative transportation options
under state and federal law Options include
driving less, buying fuel-efficient vehicles, or using
alternative fuels.
Tigard has the ability to affect energy conserva-
BF tion efforts through developing efficient land use
and transportation plans that reduce automobile
? n trips. This includes promoting compact mixed use
communities, and transit use and development.
t 1 The City can lead by example in utilizing alterna-
tive energies and becoming more energy efficient
b-
in municipal operations. Tigard can also challenge
► residents to reach energy conservation goals set
Y by the community
KLY FINDINGS
■ Transportation is the largest use of energy in the state at 38%. A
considerable reduction in energy use can be made with individuals altering
their habits related to the use of 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
■ Support a public transit system that is reliable, connected, and
efficient
■ Building a bicycle and pedestrian network that is connected, safe,
and accessible
• Connecting streets for efficiency and reducing congestion
• Re-use of vacant and underutilized land.
GOAL
13.1 Reduce energy consumption.
14-1 S
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 unplement 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 z T
City facilities and implementing cost-
aqa{ :;~1sf
effective recommendations as soon as F711
possible; r r{, r
C. Investigating and participating in,
when feasible, green energy programs, l atd C t
5
which use renewable energy resources;
iy s
and,
~ rY' r rt H
D. Continuing to investigate new technologies that can reduce municipal
energy consumption.
6. The City shall support energy
conservation by: ~c
A. Encouraging designs that incorporate,'. '
Leadership in Energy and
Environmental Design (LEED) or other accepted standards or
achieve a minimum certification;
B. Informing 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 JECt_ M 1E N11L',D ACTT(-,)N 1 1,ASURES
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
municipal operations.
iii. Purchase a percentage of Green Energy for municipal operations
and then challenge the community to do the same.
iv. Research and implement incentives and development codes that
would encourage energy efficiency in new developments.
v Survey the community about energy consumption and identify top
concerns that could be addressed through conservation incentives.
Comprehensive Plan City of Tigard 13-5
9. ENERG-Y
Statewide Plaftftiftg Goal #13,
development: n
n
,
the-leeft! eeanamy.
iftitia4 eftergy setwee that the eemintmity should explore. 44tey do so based aft the ffte
eengerv,mieft is the eheapegt energy > >
n
Findingg
between residentiftl and work > land, 13-6
Energy Conservation CPA2007-00001
Tigard regidenees.
0
n""`l"^a A
POLICIES
71.1 .1 THE CITY CL A T i ENCOURAGE A RED - oTCT-tir*a ENERGY
!TINS D [ T A TION AND T14 P OD GTION OF ENERGY FROM
(11 ' q44 CITY C AND 1;L'1.;T!"T7✓ATT
7TH
T~TT1
TD A ATSPO T A TION SYSTEM W141CH COMPLEMENTS T14 LA
USE PLAN AND TC D SIGHT; it T^ MINIMIZE ENERGY !NfPA
94.3 T14lr GTTY SHALL ENCOURAGE LAND i S DFATELOPMENT WHICH
I'TLTT'SQQl'V1Tf1YECGY GOL4 , DESIGN A
!'ONST-U T GTION
TT'fni L T, ENT A TION CTD A TI; ! IES
e.g., en Ty eaftser" 9, > > ete.
effieiefit, .
.
4. :Me City shftfl; in the T4gard Gemmefiky B I L Code, *How fei- mere fleidbili
gel,. L
:7. The Tigard Gammuttity Development Gode shag allow fef- mixed use developmeflo
> > f-ide
13-7
Energy Conservation CPA2007-00001
„
„
13-$
CP A2()p7.fjpp01
Gorisezvaao"
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ro ?Xr L . ~ ~ ~ ~V a
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7777-177777, `77 '
Parks, Recreation,, Trails
and Open Space
"To satisfy the recreational needs of the citizens
of the state and visitors and, where appropriate,
to provide for the siting of recreational facilities,
including destination resorts.
"
Access to parks, recreation, trails, and open space enhances the livability
of a community and contributes to the well-being of its residents. These
amenities provide a variety of opportunities for residents and visitors
to enjoy both active and passive activities, while also helping to preserve open
space, wildlife habitat, and natural resources. Parks may also serve as informal
meeting places to draw people together and create a sense of place. These public
lands and facilities are highly appreciated by Tigard's residents and the City is
committed to their adequate provision. Statewide Planning Goal 8 requires
Oregon jurisdictions to plan for recreational needs and this becomes especially
important as the City begins to approach full development.
o-_f
"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-
tunities 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
opportunities and transportation links throughout the community. A major
source of parkland acquisition and development funds has come from the park
System Development Charge (SDC) on new development, first imposed in 1977.
The City does not sponsor a recreation program and is not served by a special
park and recreation district. The Tigard Park Systenr Mater 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 84
PARKS, RECREATION, TRAILS AND OPEN SPACE
KEY FINDINGS
■ The system of adding parks and related land and facilities in the City has
kept up with growth in the seven years since the Park System Master Plan's
adoption in 1999 (7.7 acres/ 1000 residents), but has not achieved the Plan's
aspirational standard.
■ Many areas of the City are park deficient.
■ The land supply available for parks and open space is becoming smaller and
more expensive.
■ Given the level of development in Tigard, sufficient land for neighborhood
parks is unavailable to meet the needs of underserved residential and non-
residential areas.
■ 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
located in the Bull Mountain Urban Services Area and not within the City limits.
8-2 City of Tigard Comprehensive Plan
■ Tigard does not have a parks foundation. Such foundations provide local
governments with important additional programs to finance park and open
space projects.
■ The City has been proactive in working with the Tigard Water District for
the use of reservoir properties for open space. Partnership plans with the
school district for the renovation and joint use of school playgrounds to
meet neighborhood park needs have not
been developed. ~t
addition to
■ Volunteers annually contribute thousands
of hours to Tigard's park system and are parks open
a non-monetary funding source for park
maintenance and improvements. spaces, Tigard
■ In recent years, the City has developed 17
and employed innovative methods to / ♦ /
create more active park acreage to serve
a successful
community needs. This has included
making use of a state infrastructure trail program,, tl'
loan program to expand Cook Park and
making certain types of industrially zoned consisting properties available for park uses.
■ The citizens of Tigard value pedestrian / /
t
and bicycle paths in the community y
completed lliand support the development of a well
connected network. trails.
■ The citizens of Tigard value access to ILI
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
B. Undeveloped areas for nature-oriented recreation and the
protection and enhancement of valuable natural resources within
the parks and open space system.
Comprehensive Plan City of Tigard 8-3
PARKS, RECREATION, TRAILS AND OPEN SPACE
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 preserve and, where appropriate, acquire and 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 endeavor to develop neighborhood parks [or
neighborhood park facilities within other parks, such as a linear park]
located within a half mile of every resident to provide access to active
and passive recreation opportunities for residents of all ages.
5. The City shall develop other parks, including linear parks, special use
facilities, urban plazas, skate parks, and pet areas, consistent with the
descriptions and standards contained in the park system master plan.
6. The City shall acquire and manage some open spaces to solely provide
protection of natural resources and other open spaces to additionally
provide nature-oriented outdoor recreation and trail-related activities.
7. The City shall ensure public safety is a consideration in the planning,
design, and management of parks, open spaces and trails.
8. The City shall enforce park rules to protect public safety.
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 continue to involve its
residents and businesses as active participants and partners in all aspects
of providing park and recreational services.
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.
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
8-4 City of Tigard Comprehensive Plan
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 to dedicate land in lieu of a park system
development charge.
16. The City shall continue to encourage and recognize the important
role of volunteers and community groups in meeting City park, trail,
open space, and recreation needs and
in building stewardship and promoting r
community pride.
The Ch.,
17. The City shall maintain and manage its
parks and open space resources in ways shall seek
that preserve, protect, and restore Tigard's
to establish
natural resources, including rare or state
and federally listed species, and provide
and manage
nature in the city opportunities.
18. The City shall provide funding for a high i fully
level of park, open space, and recreational
facility maintenance. functional
19. The City shall seek to establish and
manage a fully functional urban forest.
20. The City shall continue to improve access
:
forest.
to neighborhood parks and other facilities
in order to serve all citizens regardless of
ability.
21. Acceptance of any land donated for park purposes shall be based upon
its usefulness and adaptability to the Park System Master Plan.
22. City-owned property may be used for private wetlands mitigation
considered on a case-by-case basis.
RECOMMENDED ACTION MEASURES
i. Review and update the Parks System Master Plan every 5 years.
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.
Comprehensive Plan City of Tigard 8-5
PARKs, RECREATION, TRAILS AND OPEN SPACE
iii. Consider and respond to Tigard's social and demographic
characteristics, including its cultural diversity, when planning for
and investing in park improvements.
iv. Consider the development of a partnership plan with the school
district for the renovation and joint use of school grounds in
park deficient areas to meet neighborhood park needs.
V: Coordinate with and support Metro, Oregon State Parks, the
National Park Service and other agencies and that provide parks,
open spaces, and recreational activities in or near Tigard.
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
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. Seek timely voter approval 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.
xiv. Explore additional ways to acknowledge and recognize sponsors
and donors.
8-6 City of Tigard Comprehensive Plan
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
of volunteer resources.
xxiv. Continue to develop and implement specific management plans
and maintenance programs for the high level maintenance of all
of the City's park and open space lands.
xxv Seek opportunities to introduce more environmentally-friendly,
science-based maintenance practices, including measures
to increase re-use and recycling programs, on-site filtration,
integrated pest management, and other best management
practices.
xxvi. Develop and implement an urban forestry program to improve
the condition of Tigard's urban forest through effective
management decisions.
xxvii. Include natural resources surveys and 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.
Comprehensive Plan City of Tigard 8-7
PARKS, RECREATION, TRAILS AND OPEN SPACE
xxii. Inform the public about maintenance and management
requirements for the Ciq"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
utilizing both public property and easements on private property.
2. The City shall design and build greenway trails and paths to minimize
their impact on the environment, including on wildlife corridors and on
rare and state or 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.
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 "regionally significant" trails .
(the Westside Trail (formerly, the Powerline Trail) and the
Washington Square Loop Trail); and
B. The on- and off-street route identified by the citizen groups
that connects the Washington Square Loop Trail with
the Portland Urban Trail Number 5, which ends at SW
Dickinson and SW 65`h
8-8 City of Tigard Comprehensive Plan
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 Provide Tigard residents with access to a broad range of recreational,
cultural, and educational activities.
POLICIES
1. The City shall endeavor to establish a comprehensive recreation
program.
2. The City shall identify funding to provide a broad range of recreational
opportunities.
RECOMMENDED ACTION MEASURES
i. Develop an information program to raise the public's awareness
of the importance of recreational facilities and programs to
public well-being and community livability.
ii. Identify potential partners, including school districts, special
service districts, private providers, etc., for the provision of
recreation programs.
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.
11: Assist, when appropriate, youth sports leagues and other non-
profit recreation providers.
Comprehensive Plan City of Tigard 8-9
3 .5 PARKS, D EGR L` A TION AND OPEN CD A G
Findings
or iftfidsettped .
> seheols, playgrattodg, r
:d ..1 areas.
and.
keilities to retain and improve livability of the eaftifflumt),
0
levels of serviee to be provided. The ftetual development of sueh ft sy
P95
3T4 THE GITY8 T T E t'QCOU A TJ DDQ T A TE FNT-HRPFQTDC,=ATD
iNTERGOVERNMEN4AL AGREEMENTS WHICH WILL PROVIDE
FOR OPEN SPACE, D EGRE A TION LANDS, LEA!`T_LITIES, A D
riREi.'-C7ErRAIE NATUPkL, SCENIC AND HISTORIC AREAS 1N -A
A,f ANN BR CONSISTENT WITH T-14E AVAILABILITY OF RESOURCES.
3.5.2 THE GTTY Cu A T T ' OORDINATE WIT-14 TCTR4-TS O
8-10
Parks, Recreation, Trails, and Open Space CPA2007-00001
3~.3 THE GRAT AS DESIGNATED THE 1 00 Y&e R LnnDur a IN OF
pn GREEK, r rc r TAprr~ r e rrT.T D rA TED e c
GREENI"Y, W14IG14 SWILL BE; THE BACKBONE; OF T-14B OPEN
cn~SYS,TEM. HERE r e NI) rr r AND/OR r EALE1 0PNI NT a D EE
ALLOWED WITHIN OR ADJAGEI~~ TO T14H 400 YEAR
OF DEDIGA-T-I N OF CvFFr~nTT OPEN r e T.1D-A-R-Fi FOIRI
3.5 .4 THE GHN: cu e r r nD n«nB AN !NTI✓ D (`nA NETTED PEDHSTD r e N/
BIKE Pa Tu THROUGHOUT THE CITY.
(Rev. Ord. 98 49; Ord. 8:7 66; Ord. 84 36)
AIPLEMENTATION STRATEGIES
1. The Tigftf-d Commuttity E)Lnvelopment Gode shaH require land divisions and major
of- pay ft fee ift lieu of iftad ftside based an
develepments to get > land, dedieate
standards, and the standardq shaH provide for.,
9 flRCC; aft
development form hazftrd areas.
2. The City 964 permit land whieh ig set aside widiin developments to reffiftin in
oownership provided!
v
b. They de nat interfere with the eantinuity of or fteeesg to adjaeefit greeftway
lands, and
3. The Tigard Go uftity Development Code shafl indieate flexible desig" L
reservation.
4. 1he City shaH designate natural park atefts widiia a Tigftrd Master Pftrks Plan. T11
areas wifl have unique phygiea4 or ae9thetie fea"eq aftd do fiat ha-ve to be develope
> > vistas, 8-11
Parks, Recreation, Trails, and Open Space CPA2007-00001
habitat fer wildlife, wiH be •
needs of the leeal f-esidents,
eeeaarpAe it
environments while mif~zittg the harmful effeetg of noise, air poRetion, vehieu
adjaeent to the Greenway to eonstmet their portion of the bikepath system.
14. To augment the geeftie benefit of the greenway, the Gity 9hftH egt*bligh the
lafidseape pregervation ftftd~or improvement. (Ord. 8:7 66)
3.6 PARK STANDARDS
Eggs
.
Parks, Recreation, Trails, and Open Space CPA2007-00001
8-12
POUGE'v
3.6. i WIDWIDUAL PARK CUES AS DEFINED BY T-1 I r PARKS AND OPEN
SARA CE STANDARDS M ,4D CLASSIFICATION SYSTEM SHA11r-'~
THE NEEDS AND DESIRES OF T-14E PARK SYSTEM
slntrE On A
rTH G A D A GTTEFd8 - 8 OF T14 OTTH X11 L,1A r~AYVITT, /111
2~ & A FIG AL FACILITIES '1N J EST DEMAND AND
hE'A-ST- SUPPLY 814OULD MC=E;WE TZ rr HIGHEAST
DEVELOPMENT MORITIES.
b. ----ULD BE PLANNED TO ENSURE D-4-A-MMUM
BENEFIT TO TriE--GrDE-A-THST NUMBER GF -1-0GA-1
RESIDENT-S. FOR T411-S REASON, -Af-QUISITIGN AND
DEVELOPMENT OF l~fT,flMv TLB ~ yZ r PARKS SHOULD nT
OF ~.v+•aNi i17 L TIQ BE
J LiT/-`LTtCT nDTIID T Tt7
GWENT! L'
SE -
e. C% AT 'n CA D 11 f-N r%
W HAVE A LOWER R:V FOR PUBLIC FUNDING Ai. AND
ARE r~~T!~^-T-T- ENC Fi!i~ea a nU~aDvGa~7~T~ ^`T~~~f) BY ~ E
~GED O-" 17~' PRQNTPETTA rci'PYItE
SECT-C) sXgTHIN PLANNED UNIT-f DEVELOPMENTS AND
s a . IM A TT4TT AII~TL T~ D B i er T rnr r,~AVn.TED C A CCf"%- - a
A rrGw Tn
+a+aa,u✓ 11V1~1 - -
rl 1~I1,ilY1 *,TTATT PARKS 14 1T THE Tl~"'~`E nisi rr
Y1 PARKS LOWEST -aL~~y~y` r
PRIORITY AND SHOULD BE SUPPLIED AT Tr rr DE-VF4=OPE"
OR NEIGHBORHOOD'S EXPENSE MAIr'CRL7'~N-TAI7 Rr-yY-n
NEIL BOR 4000) ASSOCIATION G EAT-Ef) A n C ART (Dr_
V ✓
z nE«TOPA RENT PROCESS.
e. PRONZISIG?-~ OF REGIONAL PARK FAGILMES sXqLL ONLY BE
TCrDERE ~T7'I~D~TI AS A m~ AN 7ATTTn
---zmTERJUR48DWI T NdPn, J ~n7~D
1^v
LIHC) 7DFj~kVB A L()I GI--x-11 R ' UNLESS SS UNUSUAL
GIRGTMST A NCEp ARISE.
v vl•av 1111 ~1iL--' 8-13
Parks, Recreation, Trails, and Open Space CPA2007-00001
!T-8 USEFULNESS AND
611ALL BE BASED UPON
PURPOSES C~Ejllll
A~DAP-TATi i'TY To :FH ADOPTED PARK AND OPEN SPA &Y-&Y'-.
7./' TLIL' !cr r A T i ~`!"►rlD T1TAT A TT; lAliTLi llTLi"FD ni lRT TI` nD nT ATU
r-c--c7c-rxcDZraTrz-L~ M r a )
l1Dr` AATT7 ATT(IATC AND A ( T CTl nDTTTATT; nDf1nCDTV (IAYTa W
T ORDER T C A ,Tr'r A TETLrE TT dnT T✓ T dL'NT A TT(IT.T nT; --,of THE C14VS
ADOPTED D A DIZ n~T AWNS.
imPLEMENT-ATION STRATEGIES
)
Park, , t
t1 tt to dete tine ie-number of
1
8-14
Parks, Recreation, Trails, and Open Space CPA2007-00001
Agenda Item #
Meeting Date December 11, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Continued Public Hearing for Comprehensive Plan Amendment CPA2007-00001 - Update
the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 6: Air, Water, and
Land Resources Quality; Goal 8: Recreational Needs, and Goal 13: Energy Conservation.
Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval:
02
ISSUE BEFORE THE COUNCIL
Shall Council approve the Planning Commission's recommendation, with modifications made at the October 23, 2007
and November 27, 2007 Council hearings, 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, with Council modifications, 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 in Attachment 1 and 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. During the continuation meeting, Council requested two
additional changes be made to the Environmental Quality chapter. Council then continued their review and
deliberations on the Energy Conservation and Parks, Recreation, Trails, and Open Space chapters. A number of
changes were requested to these two chapters. All changes requested by Council at the continuation hearing can be
found in Attachment 1 and memorialized in Exhibit A.
Upon completion of deliberations, Council directed staff to make the recommended changes and submit a draft for
Council review. The public hearing was continued until December 11, 2007. This allows time for staff to incorporate
the new changes and prepare an ordinance (Attachment 2), and for Council to ensure all requested changes were
incorporated before adopting CPA2007-00001.
1
OTHER ALTERNATIVES CONSIDERED
1. Approve the Planning Commission recommendation, with modifications, and adopt CPA2007-00001.
2. Further 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 November 29, 2007
Attachment 2: An Ordinance approving Comprehensive Plan Amendment 2007-00001
Exhibit A: Tigard Comprehensive Plan Amendments (Statewide Planning Goals 6, 8, and 13)
FISCAL NOTES
Not Applicable
2
Attachment 1
MEMORANDUM
TO: Mayor Craig Dirksen and Members of City Council
FROM: Darren Wyss, Associate Planner
RE: Council Hearing Continuation - CPA2007-00001
DATE: November 29, 2007
At the December 11, 2007 City Council meeting, Council will consider adoption of an
ordinance approving 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). Council first reviewed and deliberated on the language at a public hearing held
October 23, 2007. This hearing was continued until November 27, 2007, at which time
Council completed review and deliberations of the proposed language. Staff has outlined
below the changes requested by Council during those two meetings. Language that Council
directed to be deleted is found with a , and Council's replacement language is
found bolded and underlined.
Changes made during the November 27, 2007 meeting:
Environmental Quality - Air Resources Quality
Recommended Action Measures
iv. Identify nderg fve neighborhoods underserved by public transit and seek
improvement find the funding to add service in these areas.
Memo to Council 1 CPA2007-00001
Nov 29, 2007
Energy Conservation
Key Findings
■ 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
• Develop Support a public transit system that is reliable, connected, and efficient
■ Building a bicycle and pedestrian network that is connected, safe, and accessible
■ Connecting streets for efficiency and reducing congestion
■ Re-use of vacant and underutilized land.
Goal 13.1 Policies
6. The City shall support energy conservation by:
A. Encouraging designs that incorporate Leadership in Energy and Environmental
Design (LEED) and other accepted standards, or achieve a minimum
certification;
B. Informing 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.
Parks, Recreation, Trails, and Open Space
Goal 8.1 Policies
2. The City shall awe preserve and, where appropriate, acquire and improve natural
areas located within a half mile of every Tigard resident to provide passive
recreational opportunities.
4. The City shall endeavor to develop neighborhood parks [or neighborhood park
facilities within other parks, such as a linear park] located within a half mile of every
resident to provide access to active and passive recreation opportunities for residents
of all ages.
7. The City shall ensure public safety is a mayor consideration in the planning, design,
and management of parks, open spaces and trails.
Memo to Council 2 CPA2007-00001
Nov 29, 2007
8. The City shall enforce park rules to protect public safety ,
hatassment, and eamping, and work to identify long term solutions to these thrree an
g pafk use problems.
10. In addition to standing committees, such as the Park and Recreation Advisory Board
and the Tree Board, the City shall continue to involve its residents and businesses as
active participants and partners in all aspects of providing park and recreational
services. ineluding patit system master- planrAng and City eampr-ehensive plan g
efforts.
16. "1 ".1 1 t11 ensttre that any land dedieated to the Gity in fieu of it parks syste
development eharge meets the needs, goals, and ebjeetiveg in the Comprehensive
Plan per eomprehensive plan pokey (#23) gaverning land donations.
20. The City shall seek to establish work with afl elements of the ea provide
and manage a fully functional urban forest.
21. The City shall seek the assistanee of voltinteer groups and other eafn .1 L I ters
to help in parks, traHs, and open .
22. The City shall continue to improve access to neighborhood parks and other facilities
' in order to serve all
aeearding to the citizens regardless of ability.
23. Acceptance of any land donated for park purposes shall be based upon its usefulness
and adaptability to the Park System Master Plan.
'der-ation when making a deeision regarding the aeeeptanee of a prop
property danation-
B. 1t9 loeation barderi kg park or ;
G. The degree to wl-Aeh the property fneets the "site sele t" fierr the
&eility type eaffesponding to 49 intended use as listed in the Park Systeffi.
Master Plafe,
D. The oeetwrenee widiin the property of unique or sigi-Afieant na"al or retiltural
reselfrees;
Memo to Council 3 CPA2007-00001
Nov 29, 2007
problems E. The eondition of the property and the City's babifity for Pet-entift.1
vv aaetua a Liu LO %-%j
F. if landleeked, er enclosed wi"n non city owned 6fl--12 fl-le of en&-y ef-
the ted land-, and
G. owner's The existing 24. City-owned property may be used for private wetland mitigation considered
on a case-by-case basis. City pf
Ption. The City wifl eonsider pr-eposals for stieh mitigation on a ease by ease
basis, subjeet to the foRewing (A E) are eantained in Resolution-96-42-~
A. it ean be demonstrated that thef-e is benefit to the City -and dhe general ;
wed*fi&;
G The City should be-eempeen--a-t-eed for the use of the area either di,-,ough rent~
lump sum payment, benefit to the --eed
b---- to by the City Cowie+
for maintenanee of- other faetors, unless ac-eeptable to the City Gotineil; and
E. Should the Gity consent to th i !-E)f City owned properq-,-the
wedands applieft on oh.- e-lik-id., state that L a""&-the
1 enfiareement of the pern-~t will be dir-eeted solely against the
developer,
25. Publie natiee On the -f -Wn-slke- sir-n-ge an 60 to
,
every party tich notiee~shaH be provided in the eage of any proposed Gity
spongored wedand mi~ation on City owned property where no sensi6ve4ant6
Goal 8.1 Recommended Action Measures
i. Regula-r4y Review and update the Parks System Master Plan every 5-ears. te-40
Memo to Council 4 CPA2007-00001
Nov 29, 2007
Consider seeking- Seek timely voter approval as eafly as November 2008, and no
t ~t wT,._.,......ber- 204-0; to fund needed park and open space acquisitions and
improvements.
xxv. Seek opportunities to introduce more environmentally-friendly, science-based
maintenance practices, including measures to increase re-use and recycling
programs, on-site filtration, integrated pest management, and other best management
practices.
Goal 8.2 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 utililizing both public
property and easements on private property.
2. The City shall design and build greenway trails and paths to minimize their impact on
the environment, including on wildlife corridors and on rare and state or federally
listed species.
Goal 8.3
8.3 Provide Tigard residents with access to a broad
-range of
recreational, cultural, and educational activities.
Goal 8.3 Policies
1. The City shall endeavor to establish a comprehensive recreation program ser-ved b
high quality keilides.
2. The City shall identify funding to build provide a broad range of recreational
opportunities.
Memo to Council 5 CPr12007-00001
Nov 29, 2007
Goal 8.3 Recommended Action Measures
v. Finane-iall Assist, when able appropriate, youth sports leagues and other non-profit
recreation providers.
Changes made during the November 27, 2007 meeting:
Environmental Quality
Page 1: Introduction
The City also has an opportunity to edueate inform its citizens on how changes in daily life
can improve environmental quality.
Air Resources Quality
Goal 6.1 Policies
1. The City shall re uire ensue that all-development complies with or exceeds regional,
state, and federal standards for air quality.
8. The City shall encourage citizens to reduce air quality impacts associated with
household activities. The City shaR etteaurage.eitizens to modify their- househ
alternatives for heating, lawn and gardeft equip ment, and L "17
Goal 6.1 Recommended Action Measures
iv. Work wit TriNle` to Identify underserved neighborhoods and find the funding to
add service in these areas.
viii.Research "-'-mss IiLyhpass regulations from other municipalities and
consider developing standards for Tigard.
for petralettm powered lawn equipment.
Memo to Council 6 CPA2007-00001
Nov 29, 2007
Water Resources Quality
Goal 6.2 Policies
1. The City shall ensure require that all development complies with or exceeds regional,
state, and federal standards for water quality.
5. The City shall implement require measures to minimize erosion and storm run-off
from development sites during and after construction.
6. The City shall continue to collaborate on edueat3ng 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 street eeflee is and
other measures that limit the community's effective impervious area.
Goal 6.2 Recommended Action Measures
v. Encourage owners of property located in the 100-year floodplain to Pm ase
develop a management plan
that will allow for their natural function in removing pollutants from the stream
system.
vi. Develop baseline measures of effectiveness to enstire for erosion control measures
are wanting-during the construction phase.
vii. Reseftreh the feasibility ef Continue a grant program that would provide funds to
organizations to develop educational programs.
for new development ftnd retrofits to use gree ler-ing parking !a
Research the feasibilfty of a commercial parking lot cleaning
program.
xii. Eduea-te 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.
Land Resources Quality
Goal 6.3 Recommended Action Measures
viii. Work
with other jurisdictions to consider the creation of a countywide Office of
Sustainability.
Memo to Council 7 CPA2007-00001
Nov 29, 2007
STUDY SESSION AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
December 11, 2007
13125 SW Hall Boulevard, Tigard, Oregon
6:30 I'M
• STUDY SESSION
o EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under
ORS 192.660 (2) (e) to discuss real property transactions and ORS 192.660 (2) (h) for
consultation with legal counsel regarding pending litigation. 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.
If final action is to be taken, the City Council will do so during the Business Meeting (see
Agenda Item No. 8)
o City Attorney Review
o Council Discussion Regarding City Attorney Rate Increase Request
o Preview of DVD "Water for Tomorrow"
o Administrative Items:
■ Changes to tonight's agenda:
• Request to move Comprehensive Plan Ordinance Consideration (Agenda
Item No. 7) to Agenda Item No. 6 (after the presentation of awards and
before the discussion with Chair Brian).
• Non Agenda Item: Report on last week's storm.
o Council Calendar:
■ December 18 - Regular Business Meeting; 6:30 p.m.
■ January 4 - Goal Setting Session, Noon to 5 p.m., Umpqua Bank, Third Floor
Conference Room; check with City Council regarding lunch preference
■ January 8 - Regular Business Meeting, 6:30 p.m. (State of the City, Oath of Office;
City Council photographs, reception)
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited
situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a
governing body, which is closed to certain persons for deliberation on certain matters."
Permissible Purposes for Executive Sessions:
192.660 (2) (a) - Employment of public officers, employees and agents,
If the body has satisfied certain prerequisites.
192.660(2) (b) - Discipline of public officers and employees (unless affected person requests to have
an open hearing).
192.660(2) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (2) (d) - Labor negotiations. (News media can be excluded in this uistance.)
192.660(2) (e) - Real property transaction negotiations.
192.660(2) (f) - Exempt public records - to consider records that are "exempt by law from public
inspection." These records are specifically identified in the Oregon Revised
Statutes.
192-660(2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing
body is competing with other governing bodies.
192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties
regarding current litigation or litigation likely to be filed.
192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted
by the governing body, the employment-related performance of the chief
executive officer, a public officer, employee or staff member unless the affected
person requests an open hearing. The standards, criteria and policy directives to
be used in evaluating chief executive officers shall be adopted by the governing
body in meetings open to the public in which there has been an opportunity for
public comment.
192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private
persons or businesses regarding proposed acquisition, exchange or liquidation of
public investments.
192.660 (2) (k)- Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of programs relating to security.
Agenda Item No. S 6 d l On
Council Meeting of , IlAwl
MEMORANDUM
TO: City Council
Craig Prosser, City Manager
FROM. Roger Dawes, Financial Operations Manager j
RE: City Attorney Comparisons
DATE: December 6, 2007
Attached is a comparison worksheet compiled byJennyDe Gregorio from Jordan Schrader.
The information was taken from a collection of City budgets, showing what each city
budgeted for legal services for FY 07-08.
I reviewed and verified the budget amount for the cities shown, and to the best of my
understanding of what is in each budget, believe the amounts to be correct and sound in the
comparison of services performed.
PER CAPITA COMPARISON OF CITY ATTORNEY SERVICE COSTS (2007-08)
(From most expensive to least expensive)
CITY $ PER 1000 POP BUDGET POPULATION I or O
07/08
Wilsonville $23,681.28 $417,501 17,630 I
Lake Oswego $17,187.28 $624,500 36,335 I
Eugene* $13,487.31 $2,072,866 153,690 O
Portland $13,165.92 $7,483,248 568,380 I
Sandy $13,034.89 $99,000 7,595 O
Beaverton $11,610.53 $933,397 85,560 I
Gresham $11,036.73 $1,095,120 99,225 I
Salem $9,288.52 $1,410,880 151,895 I
Milwaukie $8,365.20 $175,000 20,920 O
West Linn** $6,824.02 $165,005 24,180 O/I
Oregon City $7,860.94 $236,300 30,060 O
Tigard $6,912.12 $322,900 46,715 O
Medford $6,068.51 $459,235 75,675 I
Springfield $5,695.74 $326,480 57,320 O
Corvallis $5,056.38 $278,000 54,980 O
Hillsboro $3,963.75 $350,000 88,300 O
NOTES:
1. I = In house counsel. O = Outside counsel
2. Cities of Tigard, Milwaukie and West Linn are represented by Jordan Schrader Ramis
3. Population Data from November 15, 2007 Portland State University Population Research Center.
* Eugene City Attorney Services reflects amount budgeted for civil-related legal expenses
West Linn has in-house counsel performing various legal services not reflected in the budgeted
amount for outside counsel; cost estimated to exceed $100,000.00 annually
GAmuni\City attomey rates comparison revised Dec07.wpd
Agenda Item No. /
=Sr For Agenda of Y
p tD
490`
7TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD
Meeting Minutes
December 11, 2007
Mayor Dirksen called the meeting to order at 6:30 p.m.
Name Present Absent
Mayor Dirksen ✓
Councilor President Sherwood ✓
Councilor Buehner ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Staff present: City Manager Prosser, Community Development Director Coffee, Public Works
Director Koelletmeier, City Attorney Ramis, and City Recorder Wheatley.
• STUDY SESSION
o EXECUTIVE SESSION: The Tigard City Council went into Executive
Session under ORS 192.660 (2) (e) to discuss real property transactions and
ORS 192.660 (2) (h) for consultation with legal counsel regarding pending
litigation.
The real property transaction discussed during the Executive Session was
considered by the City Council during the Business Meeting (see Agenda
Item No. 6)
Track 2
o City Attorney Review and City Attorney Rate Increase Request
Council reviewed the comparison worksheet with regard to rates for legal
services for other jurisdictions. Council members discussed with the City
Attorney the changes proposed in the rate structure and how the process for
legal services has changed since the City Attorney's office merged with the
offices of Jordan Schrader. There was general agreement among the City
Council members to support the request for a City Attorney rate increase.
Background information is on file in the City Recorder's office. A motion
approving the rate increase was considered and approved during the Business
Meeting; see Item No. 10 - Non Agenda.
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 1
Track 3
o Preview of DVD "Water for Tomorrow" Council reviewed a taped
presentation regarding Tigard's efforts to secure a long-term water source. This
program will be aired on cable television, TVCTV.
o Flooding assessment: Staff will give a storm assessment update on the recent
heavy rains and flooding during the Non Agenda portion of the Business
Meeting; see Agenda Item No. 10.
o Community Development Director Coffee referred to the Business Meeting
Consent Agenda Item No. 3.3. The City Council considered and approved the
proposed resolution on the Consent Agenda.
o The Council Calendar was reviewed for upcoming meetings.
Study Session concluded at 7:28 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council and Local Contract Review Board
meeting to order at: 7:35:11 PM
1.2 Roll Call:
Naive Present Absent
Mayor Dirksen ✓
Councilor President Sherwood ✓
Councilor Buchner ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
Councilor Buchner advised she would present a report on her recent tour of
Tigard with Tri Met Executive Director Hansen.
1.5 Call to Council and Staff for Non-Agenda Items
Council considered the City Attorney rate increase proposal during the Non
Agenda; see Item No. 10.
2. CITIZEN COMMUNICATION
• Tigard High School Student Envoy Megan Foltz presented a report on the
activity at Tigard High School for the last month. A copy of her report is on
file in the City Recorder's office.
• City Council viewed a presentation by the Durham-Twahty Lego Robotics
Team consisting of 5"' and 6" grade students on a Tigard project for
sustainable, renewable energy. 7:39:10 PM
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 2
• Citizen Communication: None 7:49:35 PM
• Follow-up to Previous Citizen Communication: None 7:49:40 PM
7:49:46 PM
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA:
3.1 Receive and File: Canvass of Votes for November 6, 2007 Election -
Certifying that Nicholas Wilson was Elected to a One-Year Term, January 1,
2008 through December 31, 2008
3.2 Reappoint Rex Caffall and Stuart Hasman to the Planning Commission -
Resolution No. 07-66
A RESOLUTION APPOINTING REX CAFFALL AND STUART
HASMAN AS VOTING MEMBERS TO THE PLANNING
COMMISSION
3.3 Approve Modification to Existing Fees and Charges Schedule to Collect an
Additional Four Percent State Surcharge on Permits Issued by the Building
Division - Resolution No. 07-67
A RESOLUTION AMENDING RESOLUTION NO. 07-35, MASTER
FEES AND CHARGES, TO INCREASE THE STATE SURCHARGE ON
PERMITS ISSUED BY THE BUILDING DIVISION BY 4% AS
REQUIRED BY STATE LAW
Motion by Councilor Woodruff, 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
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 3
7:51:02 PM
4. INTRODUCTION OF THE NEW TUALATIN VALLEY FIRE AND RESCUE
(TFV&R) TIGARD STATION 51 FIRE CAPTAIN
• TVF&R Chief Jeff Johnson introduced Station 51 Fire Captain Chris Dawson.
There were comments by the TVFBcR representatives and Mayor Dirksen about
the ongoing partnership between the Fire District and the City. The Fire District
recognizes the importance of community involvement. The City and Fire District
have collaborated on the new fire station and Chief Johnson expressed his
appreciation of the City's efforts.
7:56:52 PM
5. RECEIVE THE 2006/07 SILVER SAFETY AWARD PRESENTED TO THE
CITY OF TIGARD BY THE LEAGUE OF OREGON CITIES AND
CITY/COUNTY INSURANCE SERVICES BRONZE MEDAL AWARD FOR
WELLNESS PROMOTION
Risk Manager Mills presented the staff report for this agenda item. The City of Tigard
has won, for the 9`h year in a row, a safety award from the League of Oregon Cities.
This year, the Silver Safety Award was presented to the City of Tigard.
Risk Manager Mills advised that for the first time the City of Tigard received a Bronze
Medal Award for wellness promotion. Over the last several years, the City has seen an
increase in the program participation level from 43 percent in 2002 to 84.9 percent in
2007. Increased participation is attributed to Human Resources' and CIS' efforts to
encourage and educate employees on the program participation benefits.
City Recoider'r Note: Agenda Items were rearranged from the order listed on the City Council Agenda.
The City Council considered Agenda Item No. 7 next at 8:04:05 I'M.
7. 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
Tigard City Comicil and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 4
Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 8, 11, 12,
and 13.
a. Continuation of Public Hearing process on this agenda item from the
November 27, 2007 City Council meeting - City Council deliberation.
b. Associate Planner Wyss reviewed the proposed ordinance, which included the
changes requested by the City Council during its previous discussion.
C. City Council consideration. Councilor Wilson commented that on Goal 13.1,
6.a. should be corrected from "and other accepted standards" to "or other
accepted standards."
Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt
Ordinance No. 07-22, with the correction as noted by Councilor Wilson.
ORDINANCE NO. 07-22 AN ORDINANCE ADOPTING
COMPREHENSIVE PLAN AMENDMENT CPA 2007-00001 TO
UPDATE 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
8:15 I'M
6. DISCUSSION WITH WASHINGTON COUNTY COMMISSION CHAIR BRIAN
Washington County Chair Brian and Washington County Intergovernmental Relations
Specialist Mulvihill were present.
A summary of the discussion follows:
8:10:57 PM
• Urbanization
o Chair Brian: There is nothing more important than to talk about the
urbanization issue. It is the umbrella of everything else: transportation,
planning, and areas 63 and 64. Our interests are served if we can agree on
urbanization issues. What we do in the next couple of years will set the protocol
for where we grow, how we grow, governance, taxation, division of capital,
operations, densities inside and outside of the Urban Growth Boundary, water
supply, and transportation. There is really nothing that isn't affected by this.
o Chair Brian: It is estimated that there will be 400,000 people joining
Washington County in the next 23 years.
o Chair Brian: In 40 years, we could realize a population of 700,000 in the
County. We are now growing at over 1,000 people a month, which represents
about 400 new homes per month.
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 5
• Tigard Downtown
o Chair Brian: Attended the Railvolution Conference this year, which focused on
transit-oriented development.
➢ Mayor Dirksen and Chair Brian discussed the topics to focus on this evening. Mayor
Dirksen advised that the City Council chose three issues to talk about: 1. Downtown
Tigard Plan: Where things are now and what we are looking to do in the future; 2.
Status of Commuter Rail: 3. Urbanization: How the planning for Area 63 and 64 is
proceeding.
• Urbanization (cont.)
o Mayor Dirksen: Looking forward to the urbanization summit. He suggested a
possible overview of the issue, which would be to suggest that we ask
participants discuss: "What do we want the County to look like in 23 years
when those 400,000 people have arrived? What do we need to do between
now and then so that it comes out that way?"
o Chair Brian: If we continue to grow incrementally by happenstance with small
urban growth boundaries and infill, what will it be like with an additional
400,000 people? Are we developing neighborhoods and communities that have
a sense of place; that is, places that people where people will want to return and
places that have character.
o Chair Brian: We have the opportunity to establish protocols for quality growth
and building a sense of community while we are growing so much.
o Chair Brian: In past years, population projections have always been low. The
urban reserve process is supposed to plan fox 40 to 50 years, so you need to be
thinking about planning for about 700,000 more people. Up to now, the only
thing that has driven the planning is State law, which says Metro must establish
boundaries for a 20-year land supply. No one is pleased with what has
occurred, including the agricultural community, cities, the county, and Metro.
The urban growth boundary adjustments have not been adequate when you are
talking about the type of population we are now talking about. Collectively, we
all worked in the 2007 Legislature for Senate Bill 1011, which was the urban
reserve, rural reserve bill to establish the authority for our region to engage in
this reserve planning.
0 8:17:34 PM Chair Brian: Metro is in the process of finalizing a regional reserve
steering committee. Starting in January and for the next 18 months, this
committee will apply a number of criteria that were developed in the last two
years to determine where the urban reserves should be. All growth in the
region will occur within these reserves. There are advantages. We will know
where the growth is going to be so we can do conceptual planning, right-size
the infrastructure, and plan for transportation. The agricultural community can
quit looking "over their shoulder" every two- to three-years when it comes time
for boundary adjustments to find out whether the urban area will "eat their
farm." This has to be done carefully as these boundaries are supposed to last
and be firm for 40 to 50 years.
0 8:18:58 PM Chair Brian: Criteria has been added that has not been used
before by Metro, such as cost of infrastructure, consideration of the
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 6
marketplace, what growth in a certain area will do to transportation patterns,
etc.
0 8:19:50 P1\1 Chair Brian: What participation should we have in the regional
reserve process? If collectively, the cities, the County, the special service
districts, and the community do not get involved, then someone else will make
the determination of protocols in the reserve area. We know the community
best; we know the terrain, the growth patterns, and the sense of the
communities. We should have a lot to say about where these criteria are
applied and where we grow.
0 8:20:28 PM Chair Brian: The steering committee is a regional committee. He
has talked to all of the Mayors about the need to do more to plug into the
process and also for issues beyond with regard to the scope of planning for the
reserves. As a result, we have come up with "this urbanization forum." County
Administrator Bob Davis has designated two or three city representatives and
special service district representatives to plan the forum to determine the
format. He suggested it would be good to have a professional facilitator to
assist in the planning agendas and running the meetings. These will be public
meetings. Participants will need to be city councils, board members of special
service districts, and all of the County commissioners. He said there will likely
be multiple meetings to discuss the issues.
0 8:22:22 PM Chair Brian: The urbanization forum will start a dialogue among
us regarding the protocols and how we approach the future.
0 8:22:35 PM Chair Brian: In addition to the forum, a crucial component will be
the outreach to and participation of citizens.
0 8:23:04 I'M Chair Brian: Commented that we had a good Goal 5 process with
representatives participating from each jurisdiction. There also was a group of
technical staff consisting of planning directors who brought issues forward to
the policy committee. The policy was formulated by the Goal 5 committee
and then forward to Metro.
0 8:23:48 PM Chair Brian: Suggested that the committee structure and process
for the urbanization forum could be similar to the Goal 5 procedure so the
planning directors would provide suggestions (applying the criteria) as to where
the reserves should be. Metro has not discussed any criteria concerning
governance. Metro is looking at where the people will go and we are asking
"who will provide the service, what is the governance?"
0 8:25:02 PM Chair Brian: This leads us to some of the things that we know
already. Water supply - we need concept planning. The Urban Growth
Boundary will march out incrementally into these reserves as required to meet
the 20-year land supply. What triggers the expansion of the Urban Growth
Boundary within the reserve area? How many acres should we be looking for
in these reserve areas? How much of the future growth should be targeted
inside our existing Urban Growth Boundary, concentrating densities at the
center and on corridors, and redeveloping cert-.un neighborhoods. He noted
efforts to place density inside the existing Urban Growth Boundary to minimize
expansion into the farins and forest.
0 8:26:02 PM Chair Brian: Suggested thinking about growth in terms of the
number of people who need to be accommodated, subtract the number of
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 7
people we feel we can put inside the Urban Growth Boundary and the rest are
outside. The question then is at what density? Ten units per acre? Six?
Twenty? This would calibrate how many acres would be needed as you go
about determining the reserves.
0 8:26:35 PM Chair Brian: "There will be a lot of issues. How do you serve the
reserve areas? What will be the impact on the existing Urban Growth
Boundary, whether or not currently within a city? He noted how people would
feel about increased density in their neighborhoods with increased traffic on
older streets. Perhaps we need to think of three or four "Pearl-like" districts.
Downtown Tigard might be one, or Beaverton, or 185`h at Highway 26. There
might be three or four locations around the County where we should have that
kind of density. But each location might be inhabited by 10-15,000 people,
which represents a fraction of the 400,000 expected in the next 23 years.
Clearly other things are going to have to be done.
0 8:27:46 PM Chair Brian: Some opinions expressed by those serving at Metro
are saying that the growth should be contained within the existing Urban
Growth Boundary as much as possible. He commented on the adverse effects
of this density on our current neighborhoods and streets. A balance should be
expected at the conclusion of the discussions because there are clearly
differences of opinions.
8:28:28 PM
• Commuter Rail/Tigard Downtown
o Chair Brian: As you think about downtown and the commuter rail, it is "right
on track." It is under construction. The official opening is planned for
September 12, 2008. We will take possession of the fast car in about April and
start testing it. There will be opportunities for preview rides for officials once
the engineers and the technical people have tested each car.
0 8:29:37 PM Chair Brian: The commuter rail for this region was named by the
winner of a citizen contest. The name is, "Westside Express Service (WES)."
0 8:29:53 PM Chair Brian: Commented on the issues of station and station area
planning. What opportunities are there for transit-oriented development and
for stops along the way? How do we take advantage of that? In order to utilize
adjacent areas, planning will be needed.
0 8:30:31 PM Chair Brian: Commented on the changes as to what developers
and planners are thinking now that they have acquired some learning through
experience. For example, parking lots were often sited adjacent to the station,
but then this does not help your commercial aspect. Now, the thinking is to
have the commercial area and housing next to the train station. He shared with
the Council pictures illustrating this new trend for development. The real
questions are: How do you get this started? How do you get the first venture
capital? Part of this has been done.
0 8:31:45 PM Chair Brian: Commented that he has lived in Tigard for 35 years
and there has been about four Blue Ribbon Task Forces formed to plan for the
downtown. The current effort is the first to actually come up with a real plan
with public support through urban renewal. Now, the challenge is how to get
that first quality developer in. Do you try to get a master developer who will
Tigard City Council and Local Contract Review Board
Meeting l/linutes - December 11, 2007 Page 8
develop more than one building and get others to build? What will they look
for; why will someone come here? He has heard that the trend is that people
are moving back to the city centers; particularly, the elderly and professionals.
The work force is moving back to take advantage of transit. The key is to
provide nearby services and amenities. Developers want to see that the public
partners have funds for strategic acquisitions and development of infrastructure
(parks, parking, and transportation). The government needs to show it is
serious and to promise that the public improvements will occur before
developers will invest millions of dollars. Developers are looking for cities and
jurisdictions that are serious about "adaptive reuse"; that is, redevelopment.
They are looking for flexibility and rules that will allow urban infill. They are
looking for some sort of traffic count reduction and, perhaps, parking
requirement reductions. If transit is valuable to a place, there is an implication
that the ordinary amount of traffic should not be generated in this area.
Developers expect that if they pay a premium to locate in an area, then they will
get credit for the transportation and parking count.
0 8:34:56 PM Mayor Dirksen: Typically in development, you require a certain
minimum number of parking spaces per square foot or unit. To spur transit-
oriented development, codes need to be changed so there are a maxitnuin
number of parking spaces allowed.
0 8:35:33 PM Chair Brian: Agreed with Mayor Dirksen's comment above.
0 8:35:54 PM Chair Brian: Establishing "parking authorities" seem to be a tool
used more around the country. These authorities represent a partnership
between the private sector and government agencies. He commented that in
his opinion, all of our public projects are so big and expensive, they are almost
all multi-sourced. None of us have the money to do what we'd like to do, so
partnerships are needed.
0 8:36:30 I'M Chair Brian: Commented on allocated parking. For example, you
might have a three-story parking garage. He said he saw some designs where
the first level was underground and the second level was at grade, but hidden
behind a landscape berm. The third floor is painted and perhaps covered in ivy
and looks attractive. The parking then is allocated to the residents, general
retail, and the commuters.
0 8:37:08 PM Chair Brian: Reported that in Hillsboro, the five-story parking
garage owned by the County is designated so that the top floor is leased to
TriMet and commuters. There are three stories of public and employee
parking. The ground floor is retail for the ground floor retailers.
0 8:37:40 PM Chair Brian: Parking is a real problem in transit-oriented
development because the less expensive parking is surface parking, but we are
looking for a density, urban-feel philosophy. You do not want to be "burning
up" acres of expensive and increasingly scarce land for surface parking. Going
up seems to be the best answer. He distributed an illustration of two, three-
story parking garages that are integrated into the plan and concealed from the
street.
0 8:38:43 PM Mayor Dirksen: Commented that he thought Lake Oswego had
an innovative solution with a multi-story parking garage with retail constructed
all around it so the garage is not seen - it's located inside the retail.
Tigard City Council and Local Contract Review Board
-Meeting -Minutes - December 11, 2007 Page 9
0 8:38:57 PM Chair Brian: Developers like to have the jurisdiction they are
dealing with have an "Office of Urban Design" or someone who understands
the urban code and can facilitate between multiple partners. He suggested that
most of us in this county would probably just have a staff person, not
necessarily an "Office of Urban Design." This is a way of labeling that "We are
open for business in this respect."
0 8:39:31 PM Chair Brian: The goal is to leverage public resources and attract
private investment and private-sector expertise. We have learned a lot about
this facet of transit-oriented design. The developers have a lot of expertise as
well and, ultimately, they must be satisfied that they can make a fair profit.
Developers have indicated that things that save time and money are highly
valued: i.e., consolidated land ownership, land preparation - removal of old
buildings and obstacles, infrastructure already in place, and having staff
dedicated (urban design). He reviewed some of the measures other jurisdictions
have instituted to assist the developer land leases with subordination so the
developer doesn't have to front the cash on the land and can put the money
into the building, help with parking, infrastructure, certainty, density bonuses,
tax credits or abatements - these are all things that help get those conversations
going.
0 8:41:03 PM Chair Brian: Federal assistance could come from the Transit
Administration, Housing and Urban Development, and workforce housing.
We have a couple of members on our Congressional delegation who are
strategically placed: Congressman Defazio Chairs the Surface Transportation
for the Transportation Committee; Congressman Blumenauer is on Ways and
Means; both senators are active in helping us as is Congressman Wu. We are
looking at incorporating transit-oriented development, public/private
partnership incentives into 2009 legislation (SAFETEA-LU or Safe,
Accountable, Flexible, Efficient Transportation Equity Act: Legacy for Users)
so there is potential for assistance. There was $300 million available for transit-
oriented development; however, last month Chair Brian said he talked to the
Deputy Administrator for the Federal Transportation Administration and he
said they were sorting through grant applications representing requests for more
than to $2 billion.
0 8:42:46 PM Mayor Dirksen asked if there has been any consideration at the
Federal or State level for transit-oriented development tax credits or incentives?
We could offer them in the City of Tigard, but "it wouldn't take you very far."
Perhaps we should discuss with our legislative delegation to press for either
State or Federal tax incentives.
0 8:43:17 PM Chair Brian: Agreed with Mayor Dirksen's suggestion. He said
part of the urbanization process through 2008 will be to identify barricades to
doing what we need to do including legislative changes. We have already talked
to a number of legislators about the need for new and improved modern tools
if local governments are supposed to deliver "all of this." "We are the ones on
the frontline." He referred to annexation and the additional restrictions; these
laws do not help getting these areas incorporated and served.
0 8:44:15 PM Mayor Dirksen: In response to Chair Brian's comments above, he
said this was another issue where he would encourage our State legislators to do
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 10
the same thing that he is encouraging us to do at the urbanization forum:
Instead of reacting to an outcry, consider the long-term solution and whether
"my actions today" are moving toward the solution or away from it. The real
question isn't the annexation issue, the real question is the equalization of
services and the cost of services.
0 8:44:55 PM Chair Brian: Commented that if you take the urban reserves and
the Urban Growth Boundary - by definition Urban Growth Boundaries are
expanded at the edge. More often than not, these are one, two or three miles
away from the nearest City limits. The City cannot get there and even if people
out there want to annex, they are two miles away, and they have to get a
preponderance of the neighbors to agree. However, with the "Greenfield"
areas, these are less complex than what we have now. At 521,000 population in
Washington County now, 300,000 of the population is in cities and 220,000 live
outside cities. If we keep the status quo approach, he thinks in the next 20-25
years, cities will increase to 300,000 to 400,000 population and unincorporated
areas will go from 200,000 to 500,000 population. He said that this, to him, is
not the way to go. We have to figure out, not only what we do with the new
areas, but what do we do with the areas between the city limits and the new
areas.
0 8:46:10 PM Councilor Buehner: Suggested that it would be helpful in the
forum process if there was continuity of zoning. As an example, she cited
zoning definitions for minimum density in the County versus the City of
Tigard: The same piece of property that could be developed at 10 units per
acre inside the City of Tigard if annexed could develop at 11 units per units per
acre in the County. This is a disincentive for a developer to come into the City,
which defeats the theory of areas that want urban services to come into cities.
She said that it seemed to her that you should be looking at making zoning be
uniform so that this particular kind of issue goes away. She added that there are
a number of issues similar to this. She said she was hoping that in the forum,
both the County and all of the cities will be open to looking at those kinds of
ordinance changes.
.o 8:47:25 PM Mayor Dirksen: Commented that Councilor Buehner's suggestion
was a great idea. He referred to the long-term effect if we continue the status
quo and, he thinks the answer is "somebody is going to bankrupt; it's either
going to be cities because we are providing services to the folks who live
outside the cities ...Or, the County is going to go bankrupt because they are
going to have to find monies and ways to provide the services that people
demand who move in urban areas and don't pay city taxes." Even today in
Washington County there are millions of dollars, probably $20 million a year, in
lost revenue because franchise fees and SDCs are not collected.
0 8:48:19 PM Chair Brian: Said that it is estimated that $20-24 million is now
lost per year for those citizens who are in the unincorporated area and are
ineligible for State-shared revenues.. There is more pressure on property taxes
for those people because this $20 million is being left on the table that isn't
being tapped out of the State pool. We are scratching the surface.
0 8:49:10 PM Chair Brian: Area 63 and 64 - Similar to North Bethany things
have been going along up there fairly well. Generally, people are pleased with
Tigard City Cotuicil and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 11
the North Bethany process and the plan they have come up with. The
development community has not been pleased with the infrastructure numbers.
But, now that the design has firmed up, we can now start talking about the
phasing, and saving right-of-way area for future growth and things that will
make the cost more approachable. He spoke recently with Katherine Perrson,
President of the Portland Community College Rock Creek Campus who chairs
the North Bethany Committee and she said she thought the process was going
well. It is likely this work will be adopted by the County in the late spring. At
this time, they are moving into the financial p1-in and the various options and
tools of how to pay for the infrastructure. The primary source will be the
development community: they will pay for local roads, SDC's and the cities
and County have been working on the County transportation plan to determine
how to fill the gap between the identified $3.8 billion of construction for the
next 15 years and the currently identified money, which leaves about a $1.3
billion gap. One of the things considered is to increase the Transportation
Impact Fee (TIF). The County has been increasing the TIF as the ordinance
allows, which is 6 percent per year. This has not reflected the increases in the
cost of steel, concrete, asphalt, and labor. The TIF is quite behind and the staff
from all the cities and the County have worked up some options. One of the
options is to increase the TIF beyond the 6 percent; in fact, double it. This
proposal is moving its way toward the County board. He has met with
homebuilders and others who recognize that if infrastructure is not taken care
of, we will not have any place to build. He anticipates the increased TIF
proposal will be on the May ballot: "Should developers pay more of their fair
share?" If it passes it will help, but will represent only about $6-7 million per
year.
0 8:52:27 PM Chair Brian: Another item that collective staff and the Washington
County Coordinating Committee is recommending is that we look at increasing
the Major Streets Transportation Improvement Plan (MSTIP). They have
recommended a variety of rates and options. More homework is being done to
determine what the public might support.
0 8:54:38 PM Chair Brian: Commented on statistics from a recent survey to
citizens: 53 percent want traffic to be reduced by increasing road and highway
capacity, 47 percent want more public transit. He said this statistic has shifted,
but said what they don't know is whether are those people who want to use
public transit or are they thinking others will use it.
0 8:55:23 PM Chair Brian: Said they also need to look at transportation in the
neighborhoods. There is a lot of interest in sidewalk connectivity and more
bike paths. MSTIP funding has always been primarily for roads and highways,
with some small amount set aside for free-standing bike/pedestrian paths. The
County is getting a lot of contact from people who are asking for $40-50
million for bike/pedestrian path projects. The County is trying to raise revenue
to get the job done that we all know is there. They also want to meet
community needs.
0 8:56:18 PM Chair Brian: The County will be back to the City's representative
on the Washington County Coordinating Committee (WCCC) with the results
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 12
of the County's data gathering. The high amount proposed was $1.07 for
transportation.
0 8:56:51 PM Mayor Dirksen addressed the City Council to advise that he
brought back from the WCCC meeting yesterday the 200 percent list for a
proposed MSTIP. This information will be in this week's City Council packet.
He has also asked that the City Engineer do an analysis and provide it to the
City Council.
0 8:57:37 PM Councilor Buehner: Addressed Chair Brian regarding planning for
Areas 63 and 64. An additional financing issue that is going to have to be
addressed in that plan is parks; this was not an issue in Bethany because that
area will be in the Tualatin Hills Park and Recreation District. Planning for
parks has been a problem for the southern part of the County. As the area of
Bull Mountain (that is not in the City) has developed, there has been a
tremendous loss of dollars dedicated for parks because the County does not
have parks SDCs. She asked if he had thought about that issue in conjunction
with the planning of Areas 63 and 64. Would this be an incentive to urge this
area to look at annexing?
0 8:58:43 PM Chair Brian: Responded to Councilor Buchner that parks will be
designed for areas 63 and 64. The question to be resolved will be to determine
where funds will come for acquisition and operation. For example, THPRD
has preliminarily indicated they are not interested in coming that far south.
What will the future bring? Will that area be in the city or not? Water and
parks are open items - the County doesn't know who will serve there. 'Those
will be side discussions, which the City will be very much involved in as well as
others.
0 8:59:32 PM Chair Brian: Advised the County is doing the Master Planning for
Areas 63 and 64. For provision of services, he said he was hoping the
professionals will get together and figure out how to get water there. If there is
no water, there will be no development. At some point someone is going to
have to figure out who wants to deliver that service; who can deliver that
services; and, as the master planning goes forward, the County will get a better
estimate of what the water demand will be. Then, it will have to be determined
who has water rights. There are many questions but that's what the planning
process is about. With regard to the financing tools, everything is on the table,
including SDC's and urban renewal districts. He referred to some concerns
about an urban renewal district for North Bethany and said urban renewal is a
tool - there are lots of ways to look at that. For example, all other funds could
be used and let development get started so that TVF&R and THPRD have
some base funds. Or, you might wait a period of years; or, you might take in
less than the whole. "We don't know, it's (urban renewal) not our first choice.
But, we are also not taking it off the table because ...it's a tool and it can help
jumpstart good things."
0 9:01:02 PM Councilor Buehner: Rephrased her question: "One of the issues
that the Mayor raised was the fact that the folks in unincorporated areas, and it
isn't just Tigard,...are using the resources of those cities without paying for
those resources. And, a big concern that residents of the City of Tigard would
have and, to a lesser extent the City of Beaverton, is that if there is not
Tigard Cit , Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 13
sufficient planning and provision for parks in a large area like 63/64, that they
will be using Tigard parks and possibly Beaverton parks again and just
aggravating an already very difficult issue. And, it is antagonizing relations with
the County."
0 9:01:56 PM Chair Brian: Indicated he agreed with Councilor Buchner and
added that this will be part of what the planning process will be about. The
County has taken a firm stand in North Bethany that they will not adopt a set
of zoning and plans and let development occur incrementally. The
infrastructure needs to be in place, including the amenities. The development
up to now has occurred in 10-40-acre segments and he described how the
infrastructure typically is provided under these conditions. These types of areas
are virtually gone. What we will see in the future is that the land supply will
come substantially by virtue of Urban Growth Boundary expansions. So, we
will see 200, 800, and 2000 acres at a time. It gives us a wonderful and
challenging opportunity like Bethany. He commented that he does not know
of a jurisdiction in the State that has the opportunity to start from a field and
plan a community for 800 acres/12,000 population and plan "it right." That is,
get things right sized, get the right of way, the amenities planned, and school
sites planned. This is an opportunity.
0 9:04:58 PM Chair Brian: Advised that not only looking at 63/64 planning, but
the area outside at the suggestion of Metro, which is north of Beef Bend and
east of Roy Rogers Road - a large square tract not in 63/64, but will be integral
to the future. He talked about the "impact halo," which is outside of the
immediate planning area, but clearly will need to get integrated into the
neighboring communities for traffic and so that it is part of the community.
0 9:06:30 13M Chair Brian: Advised the planning group for 63/64 is diverse,
made up of people who live within the area and outside. Participants are also
from the CPOs of King City, west Bull Mountain, developer/owners, and long-
time residents.
0 9:06:53 PM Councilor Sherwood: Asked Chair Brian if North Bethany will be
encouraged to form as a City, or will it be comprised of special districts?
0 9:07:08 PM Chair Brian: Responded that they have not gotten that far. It looks
as if the development will be around 12,000. Neighbors of existing Bethany
have indicated interest of corning into the North Bethany area and possibly
incorporating a larger area. This would give a "toehold" for future expansion
because it would be contiguous to that new City and it might make sense. But,
it is up to that neighborhood if they want to initiate incorporation.
0 9:07:57 PM Councilor Sherwood: Will this be a model for "running by special
districts?"
0 9:07:58 PM Chair Brian: Responded that "when we think about the future, I
don't think anyone would have anticipated 20-35 years ago the special service
districts that we now have. They are wonderful: they are multi-jurisdictional,
they are large, and they have more capacity than any individual jurisdiction
would have in terms of equipment and training. They are large, sophisticated
and of good value - they are not going away. The unintended consequence of
that, when it was started about 25 years ago, is that these districts provide some
of the core services that cities normally provide. So, when the County does
Tigard City Cotuicil and Local Contract Review Board
Meeting Nfinutes - December 11, 2007 Page 14
surveys and asks the "are you happy" type of question, people are "pretty
content." They have sewer, a water district, a fire district, and a recreation
district (if on the north end). A huge percentage of these areas were built in the
last 10-12 years, so they do not feel like an aging neighborhood with code
enforcement problems. It's a very tough sell to convince them that they need
to change.
0 9:09:21 PM Chair Brian: Listed governance options in the future: A. Annex to
the nearby city; B. Incorporate; C. Form a community service district (i.e.,
Sunriver); D. status quo or tweaking special districts.
0 9:10:15 PM Chair Brian: Acknowledged the difference in the way counties and
cities operate. As has been discussed, the counties have fewer State-shared
revenues, but counties do provide Veteran, social services, mental health,
criminal justice, courts, district attorney, etc. County budgets are just as strained
as anyone else's. He said he really did not want the County to move toward
providing municipal services. On the other hand, there are 200,000 people in
the unincorporated area now and as the growing population moves into new
areas, they don't know if they are in or out of a city and expect a municipal level
of service. The County provides less code enforcement services than cities do,
but they have been asked many times to add these services. The County has
been asked to get more active in neighborhood traffic calming - and every step
that the County takes to respond to these requests, takes them more into
municipal services delivery; the County cannot afford it. In response to a
cotntment by Mayor Dirksen, Chair Brian said they do advise people that tiley
cannot provide a higher level of service because it is a municipal-level of
service.
0 9:11:54 PM Chair Brian: Commented that it was amazing that after 10 years of
serving on the City Council and 10 years at the legislature, when he arrived at
the County, he really was shocked at the difference between counties and cities.
He referred to the partnership between the counties and the State because they
provide corrections and jails; mental health, and aging services. It is a
continuum. Most cities don't get into social services except for contributing to
some efforts here and there. Counties have a different assignment. If, over the
next 20-40 years, these areas are not in cities, some choices are going to have to
be made. In some states the County does provide municipal services, but this
would mean that we will need tax structure changes and authority changes.
Washington County is unique in the State because they have large, special
service districts. Long-term you need to ask, "What is really the best way.?
What should we be doing that will guarantee quality communities where people
want to live and work?"
0 9:13:51 PM Councilor Buchner: Noted she is concerned about the following
issue. Some of our unincorporated areas are aging. Infrastructure is getting old,
the housing stock is deteriorating, and the roads are not up to standard. How
are we going to address that issue? All of Bethany is relatively new, but 10-15
years from now, that infrastructure will be aging and the structure to maintain it
is not there. There are areas in the County where this is already a major
problem.
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 15
.o 9:14:56 PM Chair Brian: One of the unincorporated areas is surrounded on
three sides by the City of Tigard and the last time he heard from them, they
would like keep it that way. They have had opportunities over the last 25 years
to join the City. The County has focused outside of cities. For public safety,
the County has created the Enhanced Sheriff's Patrol District and it is a way to
try to minimize (although there are tax equity discussions) or eliminate double
taxation. The Enhanced Sheriff's Patrol District is for people inside the Urban
Growth Boundary, but outside of cities, who want a more municipal-like law
enforcement service, but still short of city-level service. This has been very
popular; every five years there is an election to renew the District. To protect
investments, the County established an Urban Roads Maintenance District,
which is voted on every four or five years. Ninety percent of the County roads
inside the Urban Growth Boundary areas are rated good or better. This has
been a successful program in keeping the roads in decent shape. But, long
term, something will have to change if there is to be redevelopment as the
County does not have the money for this kind of thing.
0 9:17:55 PM Councilor Woodruff: Said he appreciated that Chair Brian has spent
this time with the City Council. He said that, in a sense, he feels badly for his
position, because he knows Chair Brian represents all of the citizens of the
County who talk to him about both sides of this question. It seems like that
over time the role of the County and the services that they provide continue to
morph more into urbanized services because of the demand and a desire to do
what people want. The more that this happens, the more confusing it becomes
for people and then we don't know where the lines are to be. This doesn't
necessarily relate to annexations but relates to what the County's core
competencies are and what cities should be doing. He said he was hopeful that
out of the process that is going to be occurring that there will be an organized
airing of these issues. The more that that County tries to be everything that
people want to have that aren't in a city, the more confusing it becomes about
why they would want to be in a city. Perhaps, the ultimate will become that
there are no cities, there is just one, large metro organization in the County that
is operated by the County. He said he was anxious to see what comes out of
this process. Councilor Woodruff said he appreciated Chair Brian's candidness;
he knows there are no easy answers.
0 9:19:50 PM Chair Brian: Agreed there are challenges. The special service
districts are providing key city services. The County does not do
comprehensive planning. Clean Water Services does some street sweeping
services relating to cleaning flows into the Tualatin, but the County does not do
city-level street sweeping. Code enforcement is not to city level. Chair Brian
said the County has tried to contain the "mission creep," but the special service
districts are getting better and more prominent at what they do.
0 9:20:37 PM Mayor Dirksen: Some of the special service districts are great and
do a great job and "I wouldn't change it." He commented that the Council had
Fire District representatives before them earlier tonight. The service that they
provide is second to none.
0 9:20:50 PM Chair Brian: Agreed with Mayor Dirksen. The Fire District can
afford equipment because of their size that any single city could not justify. The
Tigard City Cotuicil and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 16
challenge is, given that the special service districts are not going away, how do
we shape governance around the fact these districts exist in this County.
0 9:21:14 PM Mayor Dirksen: There are other service districts provided by the
County or the Sheriff, that do not work as well. One of our goals, if we are
going to encourage citizens to proceed in a more sustainable direction, is to
reveal the fact that some special districts do not that well and show them why.
0 9:21:38 PM Chair Brian: Coininented that "It works real well for them." If
service districts are not put out for renewal, then people in the unincorporated
areas would have a relatively low, basic rural law enforcement. On one hand,
you would think that might cause people to be interested in annexing; on the
other hand, so many people live one-three miles away, they still could not come
into a city if they wanted to.
0 9:22:28 PM Mayor Dirksen: The answer is, "Not one size fits all." There has
got to be different solutions for different areas, depending on the circumstance.
0 9:22:33 PM Chair Brian: Advised the County has talked with a couple of
jurisdictions about the County contracting with them. For example, south of
Tualatin, there is an unincorporated area that is relatively isolated for the
County's patrol units. He noted there is a good relationship, in general, with
the cities' police departments and the sheriff's office. He commented on the
expectation of collaboration in Washington County among jurisdictions. It's
fine to have differences of opinions.
0 9:23:34 PM Councilor Wilson commented that a few weeks ago the City did
some code language clean-up as a result of withdrawing from our agreement
with the County to provide development services. We clarified that we would
not provide city services unless a property annexed; primarily, this means sewer
services. In a case where the sewer is uphill from the City and not contiguous,
that might have the effect of limiting development. He suggested that Clean
Water Services could do the same thing; however, he was not sure what the
legal ramifications of that would be. We also have the question of who
provides water to areas 63/64 and he said he thought the City would be hard-
pressed to agree to service those areas if there was no provision for municipal
services. He said that it is not so much who provides those as it is, but that the
money is collected to see that they will provided somehow. As we look at areas
such as Bethany and 63/64, it seems that the County could say that, "We don't
really care whether it is annexed, formed its own, or money is simply collected
so that the County can in some fashion provide those services; that there is a
long-term collection of funds in order to provide the services that they will
somehow get dealt with. And then, annexation really isn't an issue because
taxes don't go up."
0 9:25:29 PM Chair Brian: Said that if he understood Councilor Wilson correctly,
he was in agreement. The thing with either area, 63/64, if the provision of
water is not determined, there won't be anything to collect, because there won't
be any construction going on out there. The Corurnissioners are also the
directors for Clean Water Services and in Tualatin, Cornelius, North Plains, and
Forest Grove, where property owners adjacent to the cities who wanted sewer
service, the County held their application to give them a chance to apply for
annexation to the City. These instances occurred in about the last year. He
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 17
commented there is a court case in Oregon that might limit the ability to require
annexation prior to service, so this might be a "bit of a grey area." Chair Brian:
said that in response to Councilor Wilson's question, the County does not
provide water, so this will be whatever water agency will take this on. The issue
needs to be discussed during the planning. "You don't wait for all of the
planning to be finished and then take it up - you parallel it so that, hopefully,
there is some satisfactory resolution by the time we are ready to move on to
zoning ...I think that 63/64 is looking at a...spring'09 adoption by our board,
so we will have a variety of discussions in addition to water..."
o 9:28:42 PM Chair Brian: Referred to the regional committee noting that
because it involves areas outside of the UGB, State law requires Metro to get
approvals of the counties. There is a coiri nittee called the Core Tour that
Metro asked to be formed, which is comprised of a representative from the
Metro Council and three County chairs who must unanimously agree on the
reserve areas. This will be an interesting process. He said he is so interested in
the urbanization forum because there are going to be some important decisions
made.
.o 9:30:14 PM Councilor Sherwood thanked Chair Brian for coming to tonight's
meeting and for taking the leadership on the ten-year plan to end homelessness,
convening the group, and doing the work he does on affordable housing.
o 9:30:42 PM Chair Brian: Noted his appreciation for Councilor Sherwood's
comments. Tigard takes backseat to no one for what it does for affordable
housing and has stepped up more than any city in the County. This is a good
example of "one of these big, expensive things" that no one of us can afford to
do.
o 9:31:18 PM Councilor Sherwood commented that if every city would step up
throughout the County. The leadership has been there and, again, thanked
Chair Brian.
o 9:31:44 PM Chair Brian: Thanked the City Council for its time and for its
partnership.
o 9:31:55 PM Councilor Buehner thanked Chair Brian for corning. She said that
while he is involved with the Committee on the urban reserves, she hoped that
they would take a look at the properties that were included in the prior set of
urban reserves (next to 63/64). It might be idea to "shadow plat" those while
going through planning process.
o 9:32:28 PM Chair Brian: This is a 40-50-year look. People are serious and the
law is serious that once those areas are adopted as urban reserves it will be more
difficult to change the reserve boundary than it is now to change the Urban
Growth Boundary. The reserve boundary is meant for certainty for those of us
who are providing services and for agriculture. These decisions will be made in
the next 18 months. "You don't get a shot like this in our careers very often to
make such a huge set of decisions in 18 months that will last 40-50 years."
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 18
9:34:35 PM
8. CONSIDERATION OF REAL PROPERTY PURCHASE, 13335 SW HALL
BOULEVARD, TIGARD, OREGON (SCHALTZ PROPERTY)
Public Works Director Koellermeier advised that the City had made an offer on a
parcel located 13335 SW Hall Boulevard. This is an 1.1-acre parcel with a home on it.
An offer was made by City and accepted by the owner. The City has conducted the
necessary due-diligence process. The City Council has the final decision and our offer
will expire tomorrow if no action is taken tonight.
The offer on the property was for $585,000, which was the asking price. The City has
done an appraisal, an environmental review, and home inspection; the issues that were
found are manageable.
A proposed resolution has been prepared for the City Council's consideration:
RESOLUTION NO. 07-68 - A RESOLUTION APPROVING THE PURCHASE
OF THE SCHALTZ PROEPRTY LOCATED AT 13335 SW HALL BOULEVARD,
TIGRD, OREGON (-FAX LOT 2S102DA00800) ADJACENT TO OTHER CITY
PROPERTY.
Motion by Councilor Buchner, seconded by Councilor Woodruff, to adopt Resolution
No. 07-68, approving the purchase of the Schaltz property located at 13335 SW Hall
Boulevard.
Mayor Dirksen said this is a great opportunity that the City has essentially "fallen into."
The City can preserve and take control of another bank of Fanno Creek, which is
directly adjacent to the Fanno Creek Park. He added that it's an opportunity the City
cannot afford to pass up.
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
9:37:02 PM
➢ Storm Report
Public Works Director Koellermeier gave an assessment report of the heavy storm that
occurred last weekend. He said the information staff has right now is that it "was
bigger than a 10-year storm, but smaller than a 50-year storm." We had more than 3
inches of rain in a 24-hour period. He said Fanno Creek is impacted very quickly
during these kind of rain events, but it also subsides quickly. Two roads were closed:
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 19
1. North Dakota at Fanno Creek
2. Tigard Street at Fanno Creek
At both of these locations, the bridges were under water for about 10-12 hours. Other
typical high-water locations are on Hall Boulevard at Fanno Creek; he reminded the
City Council that this is a State highway. The City monitored this road and
communicated with the State throughout the day. Public Works Department staff
supplied lighting at this location during the dark conunute hours, and the City was able
to keep Hall Boulevard open. Another issue was the usual problem at Burnham Street
and there was flooding at the Stevens Marine property. Public Works Director
Koellermeier explained that this is due to an over-adequate storm system. The storm
system is extremely deep, so back waters from Fanno Creek stop the exodus of water
from the street. The repair of this situation has been taken into account in the
Burnham Street improvement project.
Public Works Director Koellermeier said the City communicated closely with the public
during the storm event. During the event, there were four web site updates.
Information was also supplied directly the City Council members.
Public Works Director Koellermeier reported that, from a regional level, Tigard has
participated twice in relief efforts for Vemonia. On Friday, a truck and operator were
dispatched to Vernonia and then two trucks and operators were sent on Saturday.
Public Works Director Koellermeier commented that one of Tigard's truck drivers
reported that it was "a very humbling experience." Vernonia, which is not a very big
community, has 200 homes that will have be totaled.
In response to a question from Councilor Buchner, Public Works Director
Koellermeier reported that the pedestrian bridge on SW North Dakota is still closed.
Because this bridge is a wooden structure, the City has elected to keep the pedestrian
bridge closed until the Washington County bridge crew can perform an inspection.
Councilor Woodruff thanked Public Works Director Koellermeier and all the Public
Works Department staff for their important work and efforts to keep the public
informed.
Public Works Director Koellermeier said that flood plain areas are monitored during
these storm events and check the correlation with the flood plain mapping models
prepared by the Corps of Engineers.
9:42:42 PM
9. COUNCIL LIAISON REPORTS
Councilor Buchner noted that a couple of months ago TriMet General Manager Fred
Hansen met with the Tigard City Council. Some questions were raised about current
and future bus routes in the City. After some discussion, Mr. Hansen agreed to take a
tour of the City with Councilor Buchner. This tour was today. Mr. Hansen and his
assistant, Tom Wills, spent about two and one-half hours driving streets in the north
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 20
and west parts of Tigard looking at the newer roads and developments. Mr. Hansen
said he was "quite shocked" at how much development has occurred and that Tigard
was as dense, if not more dense, than the inner-southeast neighborhoods of Portland.
Mr. Hansen said he was now more aware of the situation and these areas would be on
his list as TriMet does priority planning for the future. He said there is definitely a need
for additional bus service and to consider changing routes or adding another bus route.
In response to a question from Councilor Wilson, Councilor Buchner said that Mr.
Hansen had not personally been in the area for many years. During the tour, they
looked at several different viewpoints to see the tremendous amount of development
that has occurred in our area.
Councilor Buchner said she feel positive that the tour helped Mr. Hansen understand
the Tigard-area needs.
Mayor Dirksen and Council members thanked Councilor Buchner for taking the
initiative to put this tour together.
10. NON-AGENDA
9:45:54 PM
➢ City Attorney Rate Adjustment - City Manager Prosser reported that on
October 11, 2007, the City Attorney presented the City with a letter requesting an
adjustment to the rates as provided by their service contract. The current contract
was entered into in December 2005 and established the hourly rates we have been
using since that time. City Manager Prosser advised, by contract, the City Council
would need to approve the rate adjustment.
City Manager Prosser said, for the record, the City Council had a discussion during
the Study Session where the City Attorney presented the rate adjustment. Also,
there has been a change in the structure in the law firm where the Ramis, Crew,
Corrigan firm merged with the Jordan Schrader firm. The firm is now Jordan
Schrader Ramis. This merger has led to a restructuring of rates. City Manager
Prosser said Mr. Ratnis has advised that this will represent a 5 to 10 percent overall
increase in rates.
Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt the
attorney services contract as amended under the new form of Jordan Schrader
Ratnis as stated in the October 11, 2007, letter from Timothy Ramis.
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
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 21
11. EXECUTIVE SESSION: Not held.
12. ADJOURNMENT
9:48:40 PM
Motion by Councilor Woodruff, seconded by Councilor Buehner, to adjourn the
meeting.
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
1 ,J
1 ,J
Catherine Wheatley, City Recorder
Attest:
i
May r, ity of Tigard
Date: ~;l - ;6 a00~
I:AADM\Cathy\CCM\2007\071211 final.doc
Tigard City Council and Local Contract Review Board
Meeting Minutes - December 11, 2007 Page 22
Agenda Item No. ,`Vaello ~~~~~faw
Meeting of 1/42 r~40
MEMORANDUM
TO: Craig Prosser, City Manager
FROM: Liz Newton, Assistant Caty Manager
RE: City Attorney Rate Increase
DATE: October 23, 2007
As you know, City Attorney Tim Ramis submitted a request dated October 11, 2007 to increase
rates for City Attorney services effective January 1, 2008. The contract provides that "the partiff
nny by mutual agwwr adjust these rates eao~ w aract ya-'' provided the proposed rate structure is
submitted to the City not less than 60 days prior to the new contract year. The request was
submitted within the time frame.
The current and proposed rates, along with the percentage increase, are listed below:
Partners/Of Counsel $165 $180 9%
Senior Associates $145 $165 14%
Associates $115 $165 43%
Paralegal $70 $120 71%
Secretarial $50 Built into rates
It's difficult to estimate the actual impact the increased rates will have on the FY 2007-08 City
Attorney budget since time is not charged uniformly among all categories.
Although not required, it may be prudent to advise the Mayor and Council of the rate increase
should a mid-year budget adjustment be necessary.
iAadm\k\"e \2007\memo to cp re attomy(ee incmme 071023.dmIO/23/07
Contract #
CITY OF TIGARD, OREGON
ATTORNEY SERVICES CONTRACT
GENERAL LEGAL COUNCIL SERVICES
AMENDMENT#1
THE AGREEMENT between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called "City", and Ramis Crew Corrigan, LLP, hereinafter called "Legal Counsel", entered into
on the 21" day of December, 2005, is hereby amended as follows:
LEGAL COUNSEL NAME
As a result of a merger een Ramis Crew Corrigan, LLP and the firm of Jordan Schrader, the firm name
of Legal Counsel shall now Jordan Schrader Ramis PC The Gty shall retain the services of all attorneys
assigned to the City prior to merger. All references to Legal Counsel throughout the aforementioned
contract shall now refer to Jord Schrader Ramis PC
CONTACT INFORMATION
Legal Counsel's contact information shall now be as follows:
Jordan Schrader Ramis PC
Attn: Timothy V. Ramis
Two Centerpointe Drive, 6`s Floor
Lake Oswego, Oregon 97035
Phone: (503) 598-7070
Fax: (503) 598-7373
www. j ordanschrader.com
All other terns and conditions of the Agreement remain in effect as executed.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Lessee has executed this Amendment upon signature and date listed below.
CITY TI JORDAN SCHRADE RAMIS
v
Signatu tgnature
~GU~ -T Z w~ V -LL. V. 12 4 Wk, S
Printed Na e Printed Name
/o/ir /v 7 L - y 7
Date Date
SJORDAN . HAND DELIVERED
CHRA
October 11, 2007
ATTORNEYS AT LAW JORDAN SCHRADER RAMIS PC
Craig Prosser, City Manager
City of Tigard
13125 SW Hall Blvd
Tigard OR 97223
Re: Attorney Services Contract - General Legal Counsel Services
Our File No. 50014-36799
Dear Craig:
TIMOTHY V. RAMIs As you are aware, our firm has been fortunate to serve as City Attorney for
Admitted in: Tigard for over twenty five years, and we look forward to continuing to
Oregon serve in that capacity. The present contract was entered into on December
21, 2005 establishing hourly rates for services. Those rates have been in
effect for almost two years and this contract requires us to make any
proposals for rate changes before October 31. No rate adjustment was
proposed last year as we were busy evaluating whether to merge our practice
with another firm or take another course of action.
Direct Dial I have had an opportunity to review our present rates against the market and
(503) 598-5573 have developed a proposed rate structure for your consideration. Please
accept this letter as our official request for an adjustment to rates effective
E-mail January 1, 2008.
t im.ramis(atjordanschrader. com
Section 3 B. of the 2005 contract established the following hourly rates for
performance of services:
Partners/ Of Counsel $165.00
Senior Associates $145.00
Associates $115.00 -
Law Clerks/Legal Assistants $ 70.00
Secretarial $ 50.00
`o~p ~ '10004
50014-36799114653. docl ced110/1112007
P.O. Box 230669 Portland, OR 97281 Phone: 503.598.7070 Fax: 503.598.7373 Toll Free: 888.598 . 7070 www.jordanschrader.com
1498 SF Tech Center Place. Suite 380 Vancouver- WA 98683 PhnnA- 3Rn 567 39nn Fny- 36n 567 'AQOI TnII Fraa• RAR SQA 7n7n
JORDAN SCHRADERK
ATTORNEYS AT LAW
Craig Prosser
October 11, 2007
Page 2
I propose the following rate adjustments effective January 1, 2008:
Present rate 1 /01 /2008
Partners $165.00 $180.00
Associates $115/$145 $165.00
Paralegal $ 70.00 $120.00
Please note that the rates for of counsel, senior associate and secretarial
support can be eliminated. We propose that all associates be charged at the
same rate as of January 1, 2008. In addition, the firm will no longer charge
for secretarial support, the service is built into the rates of the attorneys and
paralegals performing work on behalf of the City. No other changes to the
contract are proposed at this time.
I would be happy to discuss our proposal with you, and provide whatever
documentation you require in support of this proposal
Sincerely,
JORDAN SCHRADER RAMIS PC
Timothy V. Ramis
50014-36799 114653.doclced/10/11/7007
I ,
CITY OF TIGARD, OREGON
ATTORNEY SERVICES CONTRACT
GENERAL LEGAL COUNCIL SERVICES
This agreement made and entered into this 21" . day of December, 2005 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Ramis Crew
Corrigan, LLP hereinafter called Legal Counsel.
WITNESSETH
WHEREAS, City has need for the services of an attorney firm with the. particular training,
ability, knowledge, and experience possessed by Legal Counsel; and
WHEREAS, City has determined that Ramis Crew Corrigan, LLP is qualified and capable of
performing the professional services as City does hereinafter require under those terms and
conditions set forth;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows;
1. LEGAL SERVICES TO BE PROVIDED
Legal Counsel agrees to complete work, which is detailed in Exhibit "A" and by this
reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective beginning January 1, 2006, and shall expire,
unless otherwise terminated or extended, on December 31, 2008. This agreement may be
extended at the agreement of both parties for three (3) additional one (1) year terms. In
accordance with the City's Public Contracting Rules the total duration of this agreement
may not exceed five (5) years.
3. COMPENSATION
A. City agrees to pay Legal Counsel in accordance with this section for performance
of services described herein. Payment shall be based upon a detailed monthly
billing showing work performed and identifying specific legal matters worked on.
B. Hourly Rates
The hourly rates shall be as follows:
Partners / Of Counsel $165:00
Senior Associates $145.00
Associates $115.00
Law Clerks / Legal Assistants $ 70.00
Secretarial $ 50.00
Page 1 of 12
The parties may by mutual agreement adjust these rates each contract year. " Legal
Counsel shall submit any proposed new rate structure in writing to the. City for its
review not less than 60 days prior to the new contract year.
C. The direct cost for such items as long distance charges, messenger services,
printing, mileage (48.5 cents), copy charges (25 cents per page), faxes (20 cents
per page) and the like will be billed to City, with no markup or overhead charge
added, except that mileage charges for trips between Legal Counsel's office and
City offices shall not be charged to the City.
D. Payment by City shall release City from any further obligation for payment to
Legal Counsel, for services performed or expenses incurred as of the date of the
statement of services. Payment shall not be considered acceptance or approval of
any work or waiver of any defects therein.
E. Payment will be made in installments based on Legal Counsel's invoice, subject
to the approval of the City Manager or designee. Payment shall be made only for
work actually completed as of the date of the invoice.
F. fhe .'City certifies 'that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products
of Legal Counsel which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Legal
Counsel prior to termination of this Agreement by Legal Counsel or upon completion of
the work pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall as sign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and not assignment shall be of any force or effect
whatsoever unless and until the other 'party has so consented. If. City agrees to
assignment of tasks to a subcontractor, Legal Counsel shall be fully responsible for the
acts or omissions of any subcontractors and of all persons employed by them, and neither
the approval by City of any subcontractor nor anything contained herein shall be deemed
to create any contractual relation between the subcontractor and City.
6. STATUS OF LEGAL COUNSEL AS INDEPENDENT CONTRACTOR
Legal Counsel certifies that:
A. Legal Counsel acknowledges that for all purposes related to this Agreement,
Legal Counsel is and shall be deemed to be an independent contractor as defined
by ORS 670.700 and not an employee of City, shall not be entitled to benefits of
any kind to which an employee of City is entitled and shall be solely responsible
for all payments and taxes required by law. Furthermore, in the event that Legal
Page 2 of 12
Counsel is found by a court of law or any administrative agency to be an
employee of City for any purpose, City shall be entitled to offset compensation
due, or to demand repayment of any amounts paid to Legal Counsel under the
terms of this Agreement, to the full extent of any benefits or other remuneration
Legal Counsel receives (from City or third party) as a result of said finding and to
the full extent of any payments that City is required or make (to Legal Counsel or
to a third party) as a result of said finding.
B. The undersigned Legal Counsel hereby represents that no employee of the City,
or any partnership or corporation in which a City employee has an interest, has or
will receive any remuneration of any description from Legal Counsel, either
directly or indirectly, in connection with the letting or performance of this
Agreement, except as specifically declared in writing.
C. Legal Counsel certifies that it currently has a City business license or will obtain
one prior to delivering services under this Agreement.
D. Legal Counsel is not an officer, employee, or agent of the City as those terms are
used in ORS 30.265.
f
7. INDEMNIFICATION
City has relied upon the professional ability and training of Legal Counsel as a material
inducement to enter into this Agreement. Legal Counsel warrants that all its work will be
performed in accordance with generally accepted professional practices and standards as
well as the requirements of applicable federal, state and local laws, it being understood
that acceptance of Legal Counsel's work by City shall not operate as a waiver or release.
Legal Counsel agrees '"to indemnify and defend the City, its officers, agents and
employees and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments or other costs or expenses including attorney's fees and
witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes
place) that may be asserted by any person .or entity which in any way arise from, during
or in connection with the performance of the work described in this contract, except
liability arising out of the sole negligence of the City and its employees. Such
indemnification shall also cover claims brought against the City under state or federal
worker's compensation laws. If any aspect of this indemnity shall be found to be illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
8. INSURANCE
A. Legal Counsel, and its subcontractors, shall maintain insurance acceptable to City
in full force and effect throughout the term of this contract. Such insurance shall
cover all risks arising directly or indirectly out of Legal Counsel's activities or
work hereunder, including the operations of its subcontractors of any tier.
Page 3 of 12
B. The policy or policies of insurance maintained by Legal Counsel and its
subcontractors shall provide at least the following limits and coverages:
1. Commercial General Liability Insurance
Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect
during the term of this contract, Comprehensive General Liability
Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this
contract. The following insurance will be carried:
Coverage Limit
General Aggregate $.2,000,000
Products-Completed Operations Aggregate $1;000,000
Each Occurrence $1,000,000
Personal.& Advertising Injury $1;000,000
Fire Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
F
2. Legal Errors & Omissions/Lawyers Professional Liability Insurance
Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect
during the term of this contract, Legal Errors & Omissions/Lawyer's
Professional Liability Insurance covering any damages caused by an error,
omission or any negligent acts. This coverage shall include Annual
Aggregate & Per Occurrence limits of $2,000,000 per attorney.
3. Commercial Automobile Insurance
Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect
during the term of this contract, Commercial Automobile Liability
coverage including coverage for all owned, hired, and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less
than $1,000,000.
4. Workers' Compensation Insurance
Legal Counsel its subcontractors, if any, and all employers providing
work, labor or materials under this contract are subject employers under
the Oregon Workers' Compensation Law and shall comply with ORS
656.017, which requires them to provide workers' compensation coverage
that satisfies Oregon law for all their subject workers. Legal Counsel or
subcontractors who perform work without the assistance or labor of any
employee need not obtain such coverage. This shall include Employer's
Liability Insurance with coverage limits of not less than $100,000 each
accident.
Page 4 of 12
5. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile
Insurance policies and other policies the City deems necessary shall
include the City, its officers, directors, and employees as additional
insureds with respect to this contract.
6. Extended Reporting Coverage
If any liability insurance required by this contract is arranged on a "claims
made" basis, Extended Reporting coverage will be required at the
completion of this contract to a duration of 24 months or the maximum
time period the Legal Counsel's insurer will provide if less than 24
months. Legal Counsel will be responsible for furnishing certification of
Extended Reporting coverage for 24 months following contract
completion. Continuous "claims made" coverage will be acceptable in
lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract.
7. Notice of Cancellation
r There shall be no cancellation, material change, exhaustion of aggregate
limits or intent not to renew insurance coverage without 30 days' written
notice to the City. Any failure to comply with this provision will not
affect the insurance coverage provided to the City. A 30 days' notice of
cancellation provision shall be physically endorsed on the policy.
8. Insurance Carrier Rating
Coverages provided by the Legal Counsel must be underwritten by an
insurance company deemed acceptable by the City. The City reserves the
right to reject all or any insurance carrier(s) with an unacceptable financial
rating.
9. Certificates of Insurance
As evidence of the insurance coverage required by this contract, the Legal
Counsel shall furnish Certificates of Insurance to the City. No contract
shall be effected until the required certificates have been received and
approved by the City. The certificate will specify and document all
provisions within this contract. A renewal certificate will be sent to the
address listed in this section 10 days prior to coverage expiration.
10. Primary Coverage Clarification
The parties agree that Legal Counsel's coverage shall be primary to the
extent permitted by law. The parties further agree that they consider
insurance maintained by the City as excess and not contributory insurance
as to the insurance required in this section.
Page 5 of 12
11: Cross Liability Clause
A cross-liability clause or separation of insureds clause will be included in
all general liability and professional liability policies required by this
contract.
Legal Counsel's insurance policy shall contain provision that such policies shall
not be canceled or their limits of liability reduced without 30 days prior notice to
City. A copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company, or at the discretion of City, in
lieu thereof, a certificate in form satisfactory to City certifying to the issuance of
such insurance shall be forwarded to:
Loreen R. Mills, Risk Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, OR. 97223
Such policies or certificates must be delivered prior to commencement of the
work. The procuring of such required insurance shall not be construed to limit
Legal Counsel's liability hereunder. Notwithstanding said insurance, Legal
Counsel shall be obligated for the total amount of any damage, injury, or loss
caused by negligence or neglect connected with this contract.
9. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this Agreement shall be provided to
the City by a Legal Counsel which does not represent clients on matters contrary to City
interests. Further, Legal Counsel shall not engage services of an attorney and/or other
professional who individually, or through members of his/her same firm, represents
clients on matters contrary to City interests.
Should Legal Counsel represent clients on matters contrary to City interests or engage the
services of an attorney and/or other professional who individually, or through members
of his/her same firm, represents clients on matters contrary to City interests, Legal
Counsel shall consult with the appropriate City representative regarding the conflict.
After such consultation, the Legal Counsel shall have 30 days to eliminate the conflict to
the satisfaction of the City. If such conflict is not eliminated within the specified time
period, the Agreement may be terminated pursuant to Section 13 of this agreement.
10. METHOD & ,PLACE OF GIVING NOTICE, SUBMITTING BILLS & MAKING
PAYMENTS
All notices shall be made in writing and may be given by personal delivery or by mail.
Notices sent by mail should be addressed as follows:
Page 6 of 12
City of Tigard Ramis Crew Corrigan, LLP
.Attn: Craig Prosser, City Manager Attn: Timothy V. Ramis
Mail: 13125 SW Hall Blvd. Mail: 1727 NW Hoyt Street
Tigard,, Oregon 97223 Portland, Oregon 97209
Phone: (505)'639-4171 Phone: (503) 222-4402
Fax: (503) 684-7297 Fax: (503) 243-2944
Email Address: craig@tigard-or.gov Email Address: timr(a~rcclawyers.com
and when so addressed, shall be deemed given upon deposit in the United States mail,
postage prepaid. In all other instances, notices, bills and payments shall be deemed given
at the time of actual delivery. Changes may be made in the names and addresses of the
person to whom notices, bills and payments are to be given by giving written notice
pursuant to this paragraph. All bills and payments shall be sent to the attention of the
City's Senior Accountant at 13125 SW Hall Blvd., Tigard, Oregon 97223.
11. MERGER
This writing is intended both as a final expression of the Agreement between the parties
with respect to the included terms and as a complete and exclusive statement of the terms
of the Agreement. No modification of this Agreement shall be effective unless and until
it is made in writing and signed by both parties.
12. TERMINATION WITHOUT CAUSE
At any time and without cause, as authorized under Tigard Municipal Code 2.60.010, the
City shall have the right in its sole discretion, to terminate this Agreement by giving
notice to Legal Counsel. If City terminates the contract pursuant to this paragraph, it
shall pay Legal Counsel for services rendered to the date of termination. Termination by
City must be done by motion of the City Council.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to
Legal Counsel, or at such later date as may be established by City, under any of
the following conditions:
1. If City funding from federal, state, local, or other sources is not obtained
and continued at levels sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds.
2. If federal or state regulations or guidelines are modified, changes, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Agreement.
3. If any license or certificate required by law or regulation to be held by
Legal Counsel, its subcontractors, agents, and employees to provide the
services required by this Agreement is for any reason denied, revoked or
not renewed.
4. If Legal Counsel becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Legal Counsel, if a receiver or trustee is
Page 7 of 12
appointed for Legal Counsel, or if there is an assignment for the benefit of
creditors of Legal Counsel.
Any such termination of this Agreement under paragraph (A) shall be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Legal Counsel,
may terminate the whole or any part of this Agreement:
1. If Legal Counsel fails to provide services called for by this Agreement
within the time specified herein or any extension thereof, or
2. If Legal Counsel fails to perform any of the other provisions of this
Agreement, or so fails to pursue the work as to endanger performance of
this Agreement in accordance with its terms, and after receipt of written
notice from City, fails to correct such failures within ten (10) days or such
other period as City may authorize.
3. If Legal Counsel fails to eliminate a conflict as described in Section 9 of
this Agreement.
The rights -and remedies of City provided in the above clause related to defaults
(including breach of contract) by Legal Counsel shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Legal Counsel shall be entitled to
receive as full.payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Legal. Counsel bear to the total services otherwise
required or be performed for such total fee; provided, that there shall be deducted from
such amount the amount of damages, if any, sustained. by City due to breach of contract
by Legal Counsel. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
14. ACCESS TO RECORDS
City shall have access to books, documents, papers and records of Legal Counsel that are
directly pertinent to this Agreement for the purpose of making audits, examinations,
excerpts and transcripts.
15. CITY ATTORNEY BAR MEMBERSHIP/OCAA MEMBERSHIP
REQUIREMENTS
Legal Counsel is responsible for maintaining Legal Counsel's professional standing as a
member of the Oregon State Bar Association and the Oregon City Attorney's Association.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Legal Counsel of any
of the terms of this Agreement or to exercise any rights hereunder, should not be
Page 8 of 12
construed,as a waiver or relinquishment to any extent of its rights to assert or rely upon
such terms or rights on any future occasion.
17. ATTORNEYS' FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties
agree that the losing party shall pay such sum as the court may adjudge reasonable
attorney fees and court costs, including attorney's fees and court costs on appeal.
18. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of
the laws of the State of Oregon. Any action or suits involving any question arising under
this Agreement must be brought in the appropriate court of the State of Oregon.
19. COMPLIANCE WITH APPLICABLE LAW
Legal Counsel shall comply with all federal, state and local laws and ordinances,
applicable public contracts, and to the work to be done under this contract.
20. CONFLICT.BETWEEN TERMS
It is further expressly` agreed by and between the parties hereto that should there by any
conflict between the terms of this instrument in the proposal of the contract, this
instrument shall control and nothing herein shall be considered as an acceptance of the
said terms of said proposal conflicting herewith.
21. AUDIT
Legal Counsel shall maintain records to assure conformance with the terms and
conditions of this Agreement, and to assure adequate performance and accurate
expenditures within the contract period. Legal Counsel agrees to permit City, the State of
Oregon, the federal government, or their duly authorized representatives to audit all
records pertaining to this Agreement to assure the accurate expenditure of funds.
22. SEVERABMI.ITY
In the event any provision or portion of this Agreement is held to be unenforceable or
invalid by any court of competent jurisdiction, the remainder of this Agreement shall
remain in full force and effect and shall in no way be affected or invalidated thereby.
23. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the
parties. No waiver, consent, modification, or change of terms of this Agreement shall
bind either party unless in writing and signed by both parties. Such waiver, consent,
modification, or change if made, shall be effective only in specific instances and for the
specific purpose given. There are no understandings, agreements, or representations, oral
or written, not specified herein regarding this Agreement. Legal Counsel, by the
signature of its authorized representative, hereby acknowledges that he has read this
Agreement, understands it and agrees to be.bound by its terms and conditions.
Page 9 of 12
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly
authorized undersigned officer and Legal Counsel has executed this Agreement on the date
hereinabove first written.
Approved by Tigard Local Contract Review Board on the 20'' day of December, 2005
CITY O { RAMIS CREW CO GAN LLP
n By; V
By:
A
Signature City Manager ignature of Legal Counsel Principal
Printed 1 ame of City Manager Printed Name of Legal Counsel Principal
Date:- S~`a Date:Za.hU '('rti y-, D t0
f
Page 10 of 12
EXHIBIT A
SCOPE OF LEGAL SERVICES
GENERAL ATTORNEY SERVICES
Counsel will be responsible for City legal representation as authorized by the City Council.
Authorization to perform specific tasks will come from the Mayor, City Council, City Manager
or other persons directly authorized by the Mayor, City Council or the City Manager. Counsel
shall appoint an attorney to act as lead attorney. The lead attorney is required to attend all City
Council meetings depending on the content or actions taking place. In the event that the lead
attorney is not available for a meeting, Counsel shall further designate a backup lead attorney to
attend the meetings. Legal Counsel will advise the City Manager with appropriate notice if
neither the lead attorney nor the backup lead attorney is available for a City Council meeting.
1. Unless otherwise specified by the Mayor, City Council, Counsel will. be responsible for:
a. Legal aspects of general administration of City business, including preparing and
providing legal opinions, assist with establishment of correct procedures, drafting
and reviewing ordinances, resolutions, contracts, orders, agreements, and other
lpgal. documents, and related tasks needed to support City personnel, Mayor,
Council, and City Manager.
b. Providing sound legal direction on all forms of City business, including, but not
limited to, the following:
1) Real Property Transactions;
2) Public Financing;
3) Land Use Law;
4) Local Budget Law;
5) Codification of Ordinances;
6) Election Laws;
7) Open Meeting Laws;
8) Public Record Laws;
9) Public Contracting;
10) Franchise Law (i.e. Solid Waste);
11) Annexation Law;
12) Public/Private Partnerships;
13) Oregon Revised Statutes;
14) Public Meeting Law;
15) General Business Law;
16) Employment Law; and
17) Labor Relations.
c. Training of nonlegal personnel in the performance of legally related tasks in order
to reduce legal expenses.
d. Regular attendance at City Council meetings and attendance at other municipal
meetings on request.
e. Represent the City during litigation or Municipal Court prosecution.
Page I 1 of 12
f Review City Council packets and provide advice prior to meetings. Review
Planning Commission packets when requested and provide timely advice prior to
meetings.
g. Notify City of changes in state and federal laws that require changes in city codes,
ordinances, regulations or policy. Work with'city staff to provide appropriate
amendments to city codes, ordinance, regulations or policies to remain in
compliance with applicable laws.
2. Legal activities such as complex litigation and special project assignments which fall
outside of the above categories, and which would include costs exceeding the projections
of the City's budget for legal services, must be authorized by the City Council. Counsel
and the City Manager will regularly review the level of expenditures on legal services
and will prioritize projects in order to stay within the budgeted amounts.
3. Counsel will coordinate with the City Manager and department heads, but within the
chain of command shall report directly to the City Council. In this regard, in the event a
conflict develops between. the Council and City Manager, the Counsel will represent the
Council but will notify the City Manager at first knowledge of a conflict.
4. The City reserves the right in appropriate situations to retain separate outside counsel. It
is recognized that the City presently utilizes other law firms to provide representation in
personnel issues, labor relations, and water-related matters (i.e., water rights, water
supply).
Page 12 of 12
AGENDA ITEM # 3.44 b.
FOR AGENDA OF December 20, 2005
CITY OF TIGARD, OREGON
LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE AWARD OF CONTRACT FOR LABOR ATTORNEY SERVICES
PREPARED BY: Joe Barrett DEPT HEAD OK CITY MGR OK 1?i (
ISSUE BEFORE THE LOCAL CONTRAC REVIEW BOARD
Shall the Local Contract Review Board (LCRB) award a contract for labor attorney services to Bullard Smith
Jernstedt Wilson?
STAFF RECOMMENDATION
Staff recommends that the LCRB award a contract for the City's labor attorney services needs to Bullard Smith
Jemstedt Wilson and authorize the City Manager to negotiate and execute the final agreement.
INFORMATION SUMMARY
The City's current contract for labor attorney services expires on December 31, 2005 through an amendment signed
in October. In response, a formal Request for Proposal (RFP) was developed by staff and City Council for the
solicitation of a new labor attorney services agreement as well as for a new general legal counsel services
agreement. The RFP was released to the public on October P, with advertisements running in both The Oregonian
and the October edition of the Oregon State Bar's monthly publication. Responses were due on October 26d' and
the City received four proposals for the labor attomey portion of the RFP.
An evaluation team consisting of five Executive staff members reviewed and scored the proposals and conducted
interviews with the four proposing firms. After the scoring and discussing the proposals, the evaluation team's
conclusion was that Bullard Smith Jemstedt Wilson best meets the needs and interests of the City and
recommends that the LCRB award the contract for the City's labor attorney services to Bullard Smith Jernstedt
Wilson. The contract period shall be for two years with three additional one-year option periods.
OTHER ALTERNATIVES CONSIDERED
1. Do not award a contract to Bullard Smith Jemstedt Wilson and direct staff to conduct a further evaluation of the
firms responding to the RFP.
2. Do not award a contract to Bullard Smith Jemstedt Wilson and direct staff to develop and release a new
Request for Proposal.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None.
2. Do not award a contract to Ramis Crew Corrigan, LLP and direct staff to develop and release a new Request for
Proposal.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None.
ATTACHMENT LIST
None.
FISCAL NOTES
For the 2005-2006 Fiscal Year, the City has $144,800 budgeted in the City Attorney Division for general legal
counsel services.
f
YF3 TGARI) C1TY'CClINQ
z1 M~yt r.:a L1EETING.
Y D-E e EM$£R 20'2005 6.30 p.m: CITY OF TIGARD
OREGON
der T~ClA
J RDCITY HALL
1.312545W HALL `BLVD
TIGARD,~C) t 97W3
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Citizen Communication items are asked to be two minutes or less. Longer matters can
be set for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;
and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-
684-2772 (TDD = Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - DECEMBER 20, 2005 page 1
7:40 PM
3. CONSENT AGENDA:. These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request that an item
be removed by motion for discussion and separate action. Motion to:
3.1 Appoint Two Members and One Alternate Member to the Park and
Recreation Advisory Board (PRAB) - Resolution No. 05-
3.2 Approve the Washington County Cooperative Library Services
Intergovernmental Agreement
3.3 Initiate Vacation Proceedings for an Un-Named Public Right of Way East of
74`' Avenue, Approximately 680 North of Durham Road (VAC2005-
00003) - Resolution No. 05-
3.4 Local Contract Review-Board:
a. Award Contract for General Legal Counsel Services to Ramis Crew
Corrigan, LLP
b. Award Contact for Labor Attorney Services to Bullard Smith Jernstedt
Wilson
• Consent Agenda - Items Removed for Separate Discussion: Any items requested
to be removed from the Consent Agenda for separate discussion will be considered
immediately after the Council has voted on those items which do not need
discussion.
7:45 PM
4. PRESENTATION OF BRONZE SAFETY AWARD TO RISK MANAGER MILLS
■ Mayor Dirksen
8:00 PM
5. PUBLIC HEARING (QUASI-) UDICIAL) TO CONSIDER ANNEXATION OF
SUNRISE LANE (ZCA 2005-00004) (Continued from November 22, 2005)
REVISED REQUEST:
The applicant is requesting annexation of nine (9) parcels containing 19.95 acres
into the City of Tigard. An additional 5.66 acres has been included by means of
consents by Patricia Marshall, Richard and Michelle Crombie, and Jennifer and
Leighton Walsh. Therefore, this annexation is for twelve (12) parcels totaling
25.61 acres.
COUNCIL AGENDA - DECEMBER 20, 2005 page 3
RECESS COUNCIL BUSINESS MEETING
CONVENE COUNCIL WORKSHOP MEETING
9:00 PM
8. JOINT MEETING WITH THE INTERGOVERNMENTAL WATER BOARD
■ Staff Report: Public Works Staff
Discussion Topics:
a. Regulating Water Services Outside City Limits
b. Locating Park Improvements on Surplus Property
C. Selecting a Long-Term Water Supply
9. COUNCIL LIAISON REPORTS
f
10. NON AGENDA ITEMS
11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced identifying the applicable statute. All discussions are confidential and
those present may disclose nothing from the Session: Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),
but must not disclose any information discussed. No Executive Session may be held
for the purpose of taking any final action or making any final decision. Executive
Sessions are closed to the public.
10:00 PM
12. ADJOURNMENT
iAad.%-thy\=\20051051220.d-
COUNCIL AGENDA - DECEMBER 20, 2005 page 5
1
CITY OF TIGARD
OREGON
December 21, 2005
Ramis Crew Corrigan, LLP
Attn: Timothy V. Ramis
1727 NW Hoyt Street
Portland, Oregon 97209
G rn
Dear . amis,
At their regular meeting last night, Tigard's City Council, acting as the City's Local Contract
Review Board, approved the award of the City's General Legal Counsel Services to your firm.
Enclosed you will find two copies of the proposed "agreement between the City of Tigard and
your firm. Please review the agreement and if you are comfortable with it, please sign both
copies and forward them back to me at:
City of Tigard
Attn: Joe Barrett, Buyer
13125 SW Hall Blvd.
Tigard, Oregon 97223.
Upon receiving the signed copies, I will obtain the appropriate City signatures and return a fully
executed copy of the agreement to you.
If you have any questions regarding the agreement or any aspect of process please do not hesitate
in contacting meat either (503) 718-2477 or at joseph@tipard-or.gov. Thank you.
Sincerely,
Joseph Barrett,. Buyer
City of Tigard
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
Agenda Item No. 570~1,&4
Meeting of
MEMORANDUM
• .
TO: The Honorable Mayor and City Council
FROM: Public Works Director Dennis Koellermeier
RE: Entryway Monument Construction Update
DATE: November 26, 2007
This memo is to update the Council on progress made to construct the first two of six
proposed entryway monuments.
In 2005, as part of the City's branding process, the Council discussed the placement of
entryway monuments at several locations throughout the City. The monuments were to
serve as the "front door" to the community.
Design began in FY '06-'07. Council direction was for the monuments to portray a warm,
inviting look through the use of natural materials. The Council appropriated $35,000 to
construct two entryway monuments in FY '07-'08, and in July of 2007 the City held a bid
opening. The project was advertised in The Oregonian and the Dail-Lournal o Commerce and an
invitation to bid was sent directly to four masonry firms. No bids were received.
Since the City had made a good faith effort to award the contract, and the project was not
expected to exceed $75,000, purchasing regulations allowed the City to pursue an informal
bid process.
After brainstorming over the lack of bids, staff divided the project into two separate
contracts, one for the sign and one for the masonry, landscaping, lighting, and irrigation.
Staff actively sought bids from sign companies and landscape contracting firms. This
strategy also yielded poor results, with only one company bidding on the project. Their bid
was $38,895 per entryway monument.
It was then decided the project would be rebid during the winter months. By soliciting
contractors during their "slow" season, it was hoped the project would have greater appeal.
It is difficult to assess whether the $38,895 bid is reasonable, since we have no other bids for
comparison. Based upon this bid, the monuments appear to be more expensive than
originally anticipated. Therefore, staff prepared a budget amendment for Council
consideration. The amendment would increase appropriations by $60,000 to cover the
construction of two monuments and the preparation and bidding of plans for two additional
monuments to be funded and built in FY '08-'09.
Staff is seeking Council direction on how to proceed with the entryway monument project.
Some possible options include:
■ Approve Budget Amendment #6 and rebid for one or two monuments in FY '07-'08
■ Redesign or downsize the project to reduce costs
■ Abandon the project
Enclosures:
Tigard Entry Monument Signage Cost Estimate dated October 10, 2006
Tigard Entry Monument Signage Plans
c: City Manager Craig Prosser
City Recorder Cathy Wheatley
Contracts & Purchasing Specialist Joe Barrett
Management Analyst Jaime Marshall
Parks Supervisor Steve Martin
Tidard Entry Monument Signage
Cost Estimate - Design Refinement Stage
Lango Hansen Landscape Architects
October 10, 2006
Item Quantity Unit Cost/Unit Cost Subtotal Total
PER MONUMENT SIGN AND LANDSCAPE
Mobilization $4,870.31
Mobilization 1 Is $4,870.31 $4,870.31
Earthwork $2,735.60
Gen. Earthwork 1 Is $2,500.00 $2,500.00
Haul Off 3 cy $18.00 $54.00
Soil Prep 1,135 sf $0.16 $181.60
Vegetation $3,682.50
Trees 2 ea $350.00 $700.00
Shrubs/Groundcover 635 sf $4.50 $2,857.50
Reseeding 500 sf $0.25 $125.00
Irrigation $1,135.00
Turf Irrigation 500 sf $1.00 $500.00
Shrub Irrigation 635 sf $1.00 $635.00
Point of Connection, Double Check Valve, Meter..
Signage Monument $36,150.00
Stone/Brick Veneer 93 ff $300.00 $27,750.00
Concrete base, footings 6 cy $400.00 $2,400.00
Wood/Concrete Sign 1 ea $3,500.00 $3,500.00
Concrete Caps 1 Is $2,500.00 $2,500.00
Lighting $5,000.00
Electrical Work, Fixtures 1 Is $5,000.00 $5,000.00
TOTAL
$53,573
(20% Design and Construction Contingency) $64,288
m
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TIGARD ENTRY MONUMENT SIGNAGE
a
WALNUT STREET AND SW BARROWS ROAD SITE AND HIGHWAY 99 SOUTH OF DURHAM ROAD SITE
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PROJECT TEAM GENERAL NOTES L
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OWNER: I. ALL WORK TO BE PERFORMED IN
CITY OF TIGARD ACCORDANCE WITH APPLICABLE LAWS, CODES
PUBLIC WORKS AND REGULATIONS.
Welcome to Tigard 13125 SW HALL BLVD. NOTIFY THE APPROPRIATE INDIVIDUAL OR
TIGARD, OR 97223 AGENCY TWO (2) WORKING DAYS GAYS PRIOR TO
503.639.4171 ex. 2596 T THE TIME THAT THE CONTRACTOR WISHES
503.684.8840 F THE INSPECTION TO BE MADE. 01,
CONTACT: DENNIS KOELLERMEIER
A PLam to CAR Home PUBLIC WORKS DIRECTOR 2. REPORT DISCREPANCIES IN DRAWINGS OR OPC
_
SPECIFICATIONS TO THE OWNER'S
LANDSCAPE ARCHffECT 11,
REPRESENTATIVE FOR CLARIFICATIONS AND X
LANGO HANSEN LANDSCAPE ARCHITECTS, PC A TP
1100 NW GUSAN ST., SUITE 3B G',
PORTLAND, OR 97209 NY DEVIATIONS RE CHANGES IN TH SE WORK. l
OEV ONS OR CHANGES IN ESE
5.2437 T 503.295.2439 F DRAWINGS WITHOUT WRITTEN ACCEPTANCE OF
THE OWNER'S REPRESENTATIVE SHALL ~y
CONTACT: /
CONTACT: KURT LANGD ABSOLVE THE OWNER'S REPRESENTATIVE OF
ANY AND ALL RESPONSIBILITY OF SAID
DEVIATION OR CHANGE.
3. PROTECT EXISTING UTILITY SURFACE
FACILITIES TO REMAIN SUCH AS VAULTS,
VALVE BOXES, METERS, POLES, ETC. DURING Z I W F_-
CONSTRUCTION UNLESS NOTED OTHERWISE. H- to
GENERAL ABBREVIATIONS 4. EXISTING UNDERGROUND UTILITIES AND N Q
w IMPROVEMENTS ARE SHOWN IN THEIR 0
OVERALL TIGARD MAP DRAWING INDEX AC ASPHALT CONCRETE APPROXIMATE LOCATIONS BASED UPON Z
not to uolo APPROX APPROXIMATE RECORD INFORMATION AVAILABLE TO THE 0 <
LANDSCAPE AVE AVENUE OWNER'S REPRESENTATIVE AT THE TIME OF Q
L100 COVER SHEET B&B BALLED & BURLAP PREPARATION OF THESE PLANS. LOCATIONS > 2
Q'
L101 LAYOUT, PLANTING, IRRIGATION, LIGHTING- WALNUT ST. AND SW BARROWS RD. BC BEGIN CURB MAY NOT HAVE BEEN VERIFIED IN THE FIELD
L102 LAYOUT, PLANTING, IRRIGATION, LIGHTING- HIGHWAY 99, SOUTH OF DURHAM RD. CCAL CLEAR AND NO GUARANTEE IS MADE AS TO THE
SW' L103 DETAILS- PLANTING AND IRRIGATION ACCURACY OR COMPLETENESS OF THE ~ W Q
w~ a CONT CONTAINER INFORMATION SHOWN. THE EXACT LOCATION <
L104 DETAILS- WALNUT ST. AND SW BARROWS RD.
CONC CONCRETE AND ELEVATION OF UTILITIES SHALL BE Z ILL.
0
L105 DETAILS- HIGHWAY 99, SOUTH OF DURHAM RD. CP CENTER POINT DETERMINED BY THE CONTRACTOR. Z >m 0 0
L106 DETAILS CW CORNER OF WALL ASCERTAIN WHETHER ADDITIONAL FACILITIES L1J > Z =
TIp DIAM DIAMETER THAN SHOWN ON THE PLANS MAY BE I__I GO Q H
m DIR DIRECTION PRESENT.
DINGS DRAWINGS
we 99 SOUTH soon EA EACH Q
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5. CONTACT THE OREGON UTILITY NOTIFICATION
RD. SITE EL ELL ELBOW ON CENTER AT (800) 332-2344 AT LEAST TWO !n Q 01
EC END CURB (2) WORKING DAYS IN ADVANCE OF V O.
EP EDGE OF PAVEMENT CONSTRUCTION TO ASSURE THAT ALL
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EX GAL GALLON EXISTING LOCATIONS PRIOR TO COMMENCING WORK. O Z
GPM GALLONS PER MINUTE COSTS INCURRED AS A RESULT OF J =
CONTRACTOR'S FAILURE TO VERIFY LOCATIONS Q
IGH POINT
VICINITY MAPS of to scale HP LF H LINEAR FEET OF EXISTING UTILITIES PRIOR TO BEGINNING 3
MAX MAXIMUM OF CONSTRUCTION SHALL BE BORNE BY THE
MIN MINIMUM CONTRACTOR. ~.J
f c NIC NOT IN CONTRACT
&vo 3 i NO NUMBER 6. PROTECT EXISTING WATER, SEWAGE,
ELECTRICAL, IRRIGATION, DRAINAGE AND
M Rq. y i NT$ NOT TO SCALE TELEPHONE MAINLINES AND SERVICES THAT 50% CONSTRUCTION DOCUMENTS
A* T 03 54 =3e PA PLLANCTINGEAREA ARE TO REMAIN IN PLACE FROM DAMAGE.
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PC POINT OF CC POINT OF COMPOUND CURVATURE
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PI POINT OF INTERSECTION INDICATED PREVIOUSLY, PROTECT THE SAME
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= a 8 POB POINT OF BEGINNING
G Q 4 POC POINT OF CONNECTION UTILITY PROVIDER. DO NOT PROCEED UNTIL RMIONS
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F COURSE ROYAL YIIIA OR. PSI POUNDS PER SQUARE INCH
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SIM SIMILAR For Only the work as d { i DATE 03.08.01
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SPECS SPECIFICATIONS PERN41T N0, fig PROJECT NO. 0615
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~N L102
ABBREVIATIONS IRRIGATION LEGEND IRRIGATION NOTES
PLANTING NOTES
B&B BALLED AND BURLAPPED 1. THIS PLAN IS BASED ON AERIAL PHOTOS AND TAXLOT n N
1. THIS PLAN IS BASED ON AERIAL PHOTOS AND TAX LOT GAL GALLON SPRAY HEADS INFORMATION AND IS NOT BASED ON A CURRENT
INFORMATION AND IS NOT BASED ON A CURRENT SURVEY. SURVEY. NOTIFY ARCHITECT OF ANY DISCREPANCIES N HT HEIGHT NOTIFY OWNER'S REPRESENTATIVE OF ANY DISCREPANCIES CONT CONTAINER Symbol Description Nozzle GPM PSI Radius IDENTIFIED ON SITE RELATED TO PUN INFORMATION
IDENTIFIED ON SITE RELATED TO PUN INFORMATION PRIOR TO PRIOR TO INSTALLATION.
O.C. ON CENTER RAINBIRD 1812-SAM-PITS 80 .26 30 g' 2. LOCAL INSTALL IRRIGATION SYSTEM IN ACCORDANCE WITH ALL N
INSTALLATION. MIN MINIMUM
2. LOCATE EXISTING UTILITIES 'PRIOR'70"COMMENCING WORK. IN ALL TYP. TYPICAL CODES AND ORDINANCES.
IS TO EXERCISE CARE TO PROTECT J21 RAINBIRD 1812-SAM-PITS BH .52 30 8' 3. IRRIGATION PUNS ARE DIAGRAMMATIC. ALL IRRIGATION
OPERATIONS, CONIRACTOR SP SPACE
EXISTING UNDERGROUND UT HEADS SHALL BE PLACED IN PLANTED AREAS AND a
c AND AVOID DISTURBING OR
DAMAGING THEM. ANY DAMAGE EQ EQUAL p RAINBIRD 1812-SAM-PITS 100 .39 30 10' VALVES PLACED IN SHRUB AREAS WHENEVER t
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SATISFACTION OF THE OWNER. NTS. NOT TO SCALE WITH UTILITIES. a
IL RAINBIRD 1812-SAM-PRS 120 .65 30 12' 4. COORDINATE IRRIGATION POINTS OF CONNECTION AND
-ROUND LOCATION OF REMOTE CONTROL VALVE ASSEMBLIES c
3, ALL PLANTING AREAS TO BE IRRIGATED BY UNDEk PLANT CROWN 1' ABOVE n RAINBIRO 1812-SAM-PRS 12H 1.30 30 12' AND SLEEVES. COORDINATE ALL WORK WITH OTHER M
IRRIGATION SYSTEM FINISH GRADE TRADES INVOLVED.
RAINBIRD 1812-SAM-PRS 12F 2.6 30 12' to €
4. ALL LANDSCAPE AREAS TO RECEIVE IMPORTED TOPS014 SEE 5. ALL VALVES WILL BE PLACED IN VALVE BOXES IN A 11
SPECIFICATIONS. 2-1/2` DYER OF BARK L RAINBIRD 1812-SAM-PRS 150 .92 30 15' MANNER THAT FACILITATES ACCESS FOR MAINTENANCE. M N
MULCH. TAPER TO PLANT SIZE BOXES TO ACCOMMODATE COMPLETE VALVE
a RAINBIRD 1812-SAM-PRS 15H 1.85 30 15'
5. CLEAR PLANT BEDS OF ALL GRAVEL AND DEBRIS PRIOR TO SOIL CROWN, SEE SPECIFICATIONS ASSEMBLY. MAINTAIN MIN. 12' BETWEEN VALVE BOXES
PREPARATION AND PLANTING. 0 RAINBIRD 1812-SAM-PRS 15F 3.70 30 15' AND PAVEMENT.
AMENDED TOPSOIL V VAN NOZZLE -SIZE AS RADIUS SHOWN 6. ALL COMPONENTS OF IRRIGATION SYSTEM SHALL BE
6. PLANT COUNTS FOR TREES AND SHRUBS ARE SUPPLIED FOR THE SEE SPECIFICATIONS INSTALLED AND ADJUSTED TO PROVIDE ADEQUATE
CONTRACTOR'S CONVENIENCE. CONTRACTOR RESPONSIBLE FOR COVERAGE AND MINIMIZE OVERSPRAY ONTO BUILDINGS
INSTALLING ALL PLANTS IN LOCATIONS AND QUANTITIES SHOWN. AND PAVING, CONTRACTOR IS RESPONSIBLE FOR
PROVIDING A COMPLETE WORKING SYSTEM.
7. PLANT SPACING SHALL TAKE PRECEDENCE OVER VALVE BOX g y BACKnLL MIX
LOCATIONS. INSTALLED VALVE BOXES THAT CONFLICT WITH SEE SPECIFICATIONS EQUIPMENT 7. IRRIGATION LATERALS ARE SIZED STARTING AT VALVE
ACCEPTED PLANT LAYOUT SHALL BE MOVED TO POSITION BETWEEN ROOT BALL AND CONTINUING IN DIRECTION OF FLOW. REDUCTIONS
SCARIFY SIDES AND BOTTOM IN PIPE SIZE ARE LABELED BEGINNING DOWNSTREAM
PLANTS. m S mbol Description
OF PLANTING PIT, TYP, EXCEPT Sy Of NEAREST FITTING, ALL LITERALS SHALL BE 3/4-
8. ALL PLANT Bm,4TERiAL TO BE APPROVED BY OWNER'S n IN INFILTRATION PUNTER MINIMUM. OR AS NOTED ON PUN.
I II U RAINBIRD CONTROLLER- TYPE TO BE DETERMINED
R-r-PRiESENTATIVE PRIOR TO INSTALLATION. REFER TO I UNAMENDED TOPSOIL
SPECIFICATIONS FOR PROCEDURE. FOOT-TAMPED TO PREVENT RAINBIRD PEB-PRS-D R.C.V. -SEE PUN FOR SIZE 8. PROVIDE 12` POP-UP SPRINKLER HEADS. ALL
SPRINKLERS SHALL
9, ALL PLANT MATERIAL SHALL BE NURSERY GROWN. SETTLING HAVE INTEGRAL CHECK VALVE
10. ALL VEGETATION SHALL BE WELL ROOTED AND BRANCHED. GATE VALVE, NIBCD T-113, LINE SIZE SEALS. W
IIJII II Ibl-I I F'
UNDISTURBED SOIL ~ QUICK COUPLING VALVE, RAINBIRD 33-DLRC 9. CONTRACTOR TO MARK LAYOUT OF TRENCHES AND W
Z x DAAffTER VALVE LOCATIONS FOR PREVIEW BY OWNER IN FIELD F' N
OF ROOT BALL KING BROTHERS IND. KSC SERIES SWING CHECK VALVE - LINE SIZE PRIOR TO CONSTRUCTION. N
SHRUB PLANTING DETAIL N.T.S. NEW LATERAL LINE, CUSS 200 PVC. SIZE 3/4" UNLESS NOTED Z C)
GALLONS PER MINUTE W Q
PLANT LIST NEW SCHEDULE 40 PVC MAINLINE, 2` SIZE UNLESS OTHERWISE
NOTED 43.67 <
1h -
Symbol Abbr. Botanical Nome Common Name Spacing Sze Condition = _ _ = SCHEDULE 40 PVC SLEEVE - SIZE AS NOTED 22 .5" VALVE SIZE Z N Q
TREES -E-E- 1-1/2" PVC ELECTRICAL CONDUIT WITH SWEEP ELLS I 0 0
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cONT °"E`°t"°~ QUICK COUPLER. N.T.S. SPRAY HEAD, N.T.S. rocallis 'Stella De Oro' Stella de Oro Dayflly 16` O.C. 1 GAL TM 3
Ou= *F Rx" BILL
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L106
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Titlc Resolution Approving Budget Amendment #6 to the FY 2007-08 Budget Increasing
Appropriations by $60,000 in the Parks Capital Fund Budget to Reflect the Additional .Anticipated Costs Associated
with the Construction of Two EntUwayr Monuments Leading Into the City of Tigard.
G~
Prepared By: Robert Sesnon Dept 1-Icad Approval: /VJ J City tltgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the City Council approve Budget Amendment #6 to increase appropriations in the Parks Capital Fund budget to
reflect the additional anticipated costs for constructing two entryway monuments leading into the City of "Tigard?
STAFF RECOMMENDATION
Staff recontrnends approval of Budget Amendment #6.
KEY FACTS AND INFORMATION SUMMARY
In the FY 06/07 budget, the City Council initiated the Tigard Entrj way Monuments project and appropriated funds for
design and construction. The design was started and the project was carried over to FY 07/08. The City Council
approved appropriations of $35,000 for the project in the FY 07/08 budget, expecting these funds to be sufficient for
final design and construction of two entryway monuments.
Staff issued a formal Invitation to Bid in the summer of 2007 and received no response. Staff then contacted specialized
contractors such aS sign makers, masons and landscapers in an attempt to get quotes for some or all of the work.. Stiff
finally received a complete bid of $38,895 for one monument. This bid is significantly higher than the $15,000 per
monument. that was estimated during the budgeting process.
Staff plans to conduct another formal Imitation to Bid this fall or winter in hopes that there will be more interest in the
project due to the time of year and workloads of the contractors that will bid.
Of the $35,000 that was budgeted for this project in FY 07/08, approximately $3600 has been spent or encumbered for
the design work. -This leaves $31,400 available for construction which is not even sufficient to construct one
monument.
Therefore, staff would like to request a budget amendment to appropriate an additional $60,000 to account 225-6400-
754027 foe this project. This will bring the total available budget to approximately $91,400 and allow for construction oC
two entryway monuments this fiscal year. This amount will also allow for additional design or consultant work, if
necessary.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
Not Applicable
ATTACHMENT LIST
Resolution including Attachment A.
Fiscal Notes
This amendment reduces the Parks Capital Fund contingency- by $60,000.
CITY OF TIGARD, OREGON
TIGARD CITY" COUNCIL,
RESOLUTION NO. 07-
A R.ESOLU T ION APPROVING BUDGETAMI3NDMENT #6 TO THE FY 2007-08 BUDGET'
TO INCREASE APPROPRIATIONS IN THE PARKS CAPIT'AI- FUND BUDGE'T' TO
REFL,ECI' THE ANTICIPATED ADDITIONAI, COSTS ASSOCIATED WITH
CONSTRUCTION OF TWO ENTRYWAY MONUMENTS LEADING INTO THE CIT'Y OF
TIGARD.
WHI=?R'F,AS, The Cite Council approved appropriations of $35,000 in the FY 07/08 budget to fund the
final design and construction of two entryway monuments; and
WH .ItEAS, The results of a formal bit yielded only one bid totaling $38,895 for one monument; and
WHEREAS, Another formal bid in anticipated to be conducted this fall or winter; and
WHERl3AS, based on the results of the prior bid, it is anticipated that responses to this bid will be
considerably higher than the amount currently budgeted for this project; and
V/l-11-"R1:AS, it is necessary to amend the FY 2007-08 Budget to increase appropriations in the Parks
Capital I'und budget to pay for this expenditure.
NOW, T'1-[EIZ]=;FOR]~,13E IT RESOLVED by the Tigard City Council that:
SECTION 1: The FY 2007-08 Budget is hereby amended as shown in Attachment A to thus
resolution to transfer $60,000 from the Parks Capital Fund contingency to capital
improvements to provide sufficient appropriations to complete this project in the
current fiscal year.
SECTION 2: 'T'his resolution is effective invnediately upon passage.
PASSED: This day of 2007.
Mayor. - City of Tigard
A I"l I.,ST:
City Recorder - City of Tigard
RESOLUTION NO. 07 -
Page 1
City of Tigard
Attachment A
Fiscal Year 2007-08
Budget Amendment #6
Parks Capital Fund
Original Revised
Revised Revised
Budget Amendment Budget
Program Expenditures
Community- Services 0 0
Public Works 0 0
Community Development 0 0
Policy and Administration 0 0
General Government 0 0
Program Expenditures Total $0 $0 $0
Debt Service 280,273 280,273
Loan to CCDA 0 0
Transfer 422,620 422,620
Capital Lnprovements 3,813,020 60,000 3,873,020
Contingency 500,000 (60,000) 440,000
Total Expenditures $5,015,913 $0 $5,015,913
n~.
/2,////o 7
~2
Tigard High Leadership A
9000 SW Durham Road • Tigard • Oregon- 97224
(503) 431-5518 • FAX (503) 431-5410 http://ths.ttsd.kl2.or.us/leadership/home.html
200772008. ; City Council Student Report: December 11, 2007
"Cha//engingJthe Student Envoy: Megan Foltz
Impossib/e". .
I. Academics
Activities a. IB diploma candidates finished their extended essays
Director:. recently.
quay iaa b. The Human Relations Committee began Student of the
Presidene" 's.; Month to recognize students based on academic
:Megan Foltz.` Improvement.
c. All students received their Student Assistant codes so
Vice Presidents'::.: they can access their grades online.
Amanda
Saideepane II. Athletics
a. The Boys Basketball team had an exciting win at home
Activities against Westview last Friday. The next home basketball
Alexa Kanbergs
game for them is Friday against Lincoln.
Secretaryb. The girls swim team won their first meet on Tuesday,
Heather. Lloyd December 4t'.
c. Girls Water Polo placed fourth in the state tournament.
Treasurer III. Arts
iNichelle Chesney a. The Band held their annual craft fair Saturday the 1st
`Human Relations: ; b. Theater department performed Steel Magnolias during
Bre Burnett;: the month of November,
c. The Tigerettes placed first in all of their divisions in all of
Assemblies.. their competitions in November.
Ka~tlyn'Lange d. The higher levels of our Guitar program are preparing to
Spirit: play at the basketball games.
Libby Bralli&
Pi,blicity. IV. Activities
Liziie Parker„' °t a. We reached our goal of 17,000 cans and collected 17,105
total cans of food.
'Tech Coordinator: b. Key Club finished their Treats for Troops fundraiser in
Zane,Rogers ; : ' which they mailed different snacks to those fighting for
our country.
'Executive Council c. The Winter assembly was this Monday the 10th and the
, elegatec
:iron De la Cruz;, Winter Formal dance is on Saturday, December 15"'.
d. Leadership is organizing a "Vernonia Flood Drive" to help
the victims of the recent storm. We are accepting
donations of furniture, clothing, household appliances,
cleaning products, and money.
AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: December 11, 2007
(Limited to 2 minutes or less, please)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses ofpersons who
attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a
public record.
NAME, ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
CITIZEN COMMUNICATION
Cathy Wheatley
From: aaldaymu@pcc.edu
Sent: Wednesday, December 05, 2007 1:44 PM
To: Cathy Wheatley
Subject: Durham/Twality Lego Robotics request
Cathy,
I am writing to request that the FLL (First Lego League) robotics team be placed on the City Council agenda for
the 11 th to share their presentation with the Council members. FLL is a local, state, national, and international
competition, ranging in age groups from the elementary level through high school. Our local qualifying
tournament is on Dec. 16th at Intel in Hillsboro and last year, this group made it to the State level. I am
coaching the team whose members are 5th and 6th graders from Durham Elementary, Twality Middle, St.
Anthony's in Tigard, and includes one student from the Canby School District. I anticipate that the presentation
will take about ten minutes.
The 2007 Challenge, aside from the actual robot missions which are timed and demonstrated on a platform (we
wouldn't be sharing this part), is a research project related to sustainable, renewable energy as it applies to our
immediate community as well as the larger community of our state, nation, and world. The boys were required
to complete an energy audit of a building, they chose the Tigard Joy, and must propose short and long-term
alternative energy solutions while considering viability and impact within cultural, social, environmental, and
financial aspects of the community. They are preparing a skit as their presentation. One requirement was to
consult "experts", which in this case, included John Goodrich from the City of Tigard, PGE, an engineering
instructor from PCC, and an instructor in the Renewable Energy Tech program at Columbia Gorge Community
College.
Part of the project includes presentation of their findings in a creative way to "community". They will have to
articulate how they shared what they've learned at the tournament. They want to present to the City Council, the
TTSD Board of Directors, the theater manager, and to faculty at PCC.
I sincerely appreciate your consideration of their request. If you'd like, I can send you the link with the details
about the project.
I will not be in my office as I have meetings most of the day. You can contact me on my cell at 503-819-7779
or you can leave a message on my office phone which is in my signature below.
Thank you,
Amy
Amy Alday-Murray, M.Ed.
Curriculum Support Manager
Portland Community College
503-977-8730
i
Agenda Item # a./
Meeting Date December 11, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide Receive and File: Canvass of Votes for November 6, 2007 - Election of Tigard City
Councilor
(11
Prepared By: Cathy Wheatley Dept Head Approval: City Mgr Approval: __j ISSUE BEFORE THE COUNCIL
Receive and file the election results of the November 6, 2007, election.
STAFF RECOMMENDATION
N/A - Informational item only regarding die official results for the November 6, 2007, election.
KEY FACTS AND INFORMATION SUMMARY
• When the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is
filed with the City Council at a Council meeting to officially "receive and file" the information.
• There was one Tigard-related matter on the ballot, which was to elect a Tigard City Councilor for a one-year term,
January 1, 2008 through December 31, 2008. Nicholas Wilson was elected:
Roger Potthoff 3,502 34.89%
Nicholas Wilson 6,246 62.24%
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
1. Washington County Elections Division Abstract of Votes for the City of Tigard relating to the election held on
November 6, 2007.
FISCAL NOTES
The City of Tigard will be charged for a share of the costs for this election by Washington County. The County has
not distributed costs yet; they will have this done no later than December 21, 2007.
1:\ADM\Paeket'07\071211\Canvass of Votcs - November 0 2007 17.Icetion AIS.doc
Attachment 1
SUMMARY REPORT Washington County
Special Election
November 6, 2007
Run Date:11/20/07 02:25 PM
VOTES PERCENT VOTES PERCENT
PRECINCTS COUNTED (OF 157). . . . . .157 100.00 City of Hillsboro Measure 34.145
REGISTERED VOTERS • TOTAL . . . . 242,891 Vote For 1
BALLOTS CAST - TOTAL. . . . . . . 139,147 Yes . . . . . . . . . . . . 13,462 76.88
BALLOTS CAST - BLANK. . . . . . . 52 .04 No. . . . . . . . . . . . 4,048 23.12
VOTER TURNOUT - TOTAL . . . . . 57.29 Over Votes . . . . . . . . . 3
VOTER TURNOUT . BLANK . . . . . . ..02 Under Votes 1,240
City of Tigard Councilor y
Vote For 1 City of'North Plains Measure 34-146
Roger Potthoff: . . . . . . . . 3.502 34.89 Vote For. 1 .
Nicholas Wilson . . . . . . . . 6,246 62.24 Yes . . . . . . . . . . . 354 60.51
WRITE-IN. . . . . . . . 288 2.87 No . . . . . . . . . . . . . 231 39.49
Over Votes 6 Over Votes . . . . . . . 0
Under Votes . . . . . . . . 3,686 Under Votes . . . . . . . . . 38
State of.Oregon Measure 49 City of Forest Grove Measure 34-147
Vote For 1 Vote For 1
Yes 93,603 67.69 Yes . . . . . . . . . . . . 3,422 62.80
No. . . . . . . . . . . 44.686 32.31 No. . . . . . . . . . . . 2.027 37,20
Over Votes . . . . . . . . 14 Over Votes . . . . . . . . 0
Under VoteA._. . . . . . . . . 844 Under Votes . . . . . . . . . 71
State of Oregon Measure 50 Double majority participation requirement statistics:
Vote For 1
Yes . . . . . . . . . . . . 64,081 46.29 City of Forest Grove measure 34-147
No. . 74,352 53.71
Over Votes . . . . . . . . .23 Eligible Voters: 8649
Under Votes . . . . . . . . 691
Returned Ballots: 5520
City of•Lake Oswego Measure 3-269 Percentage returned: 63.82%
Vote For 1
Yes . . . . . . . . . . 0
No . . . . . . . . . . . . . 2 100.00 Double majority participation requirement was met, measure passes.
Over Votes . . . . . . . . 0
Under Votes . . . . . . . . 0
City of Lake Oswego Measure 3.273
Vote For 1
Yes . . . . . . . . . . . . 0 CERTIFIED TO BE A. TRUE AND
No. 2 100.00 CORRECT OPY OF THE ORIGINAL
Over Votes . . . . . . . 0
Under Votes 0 Date o 24 e6~
'
WASHING ON COUNTY
_ Et_E NS DIVISION
City of Portland Measure 26-93 By. oe_
Vote For 1
Yes . . . . . . . . . . . . 275 '69.97
No. . 118 30.03
Over Votes . . . 0.
Under Votes . . . . . . . . . 18 M COM4jjslp
.13
II
lOA,• a~ .
NUMBERED KEY CANVASS Washington County
Special Election
RUN DATE:11/20/07 02:15 PM November 6, 2007 REPORT-EL52 PAGE 0004
VOTES PERCENT VOTES PERCENT
City of Tigard Councilor
Vote For 1
01 = Roger Potthoff 3,502 34.89
02 = Nicholas Wilson 6.246 62.24 04 = OVER VOTES 6
03 = WRITE-IN 288 2.87 05 = UNDER VOTES 3,686
01 02 03 04 05
0400 400 WASHINGTON SQUARE 275 617 34 2 365
0402 402 TIGARD/WALNUT ST 163 224 10 0 135
0403 403 TIGARD/GAARDE ST 586 854 50 1 515
0404 404 FOWLER SCHOOL 388 597 43 0 322
0405 405 TWALITY SCHOOL 489 1017 41 1 591
0406 406 TIGARD CITY HALL 460 667 35 0 333
0408 408 SUMMERFIELD 647 1301 33 2 795
0409 409 SUMMERLAKE-WEST 266 533 18 0 338
0416 416 SUMMERLAKE-EAST . 190 351 18 0 249
0454 454 BULL MT SPLIT 38 83 6 0 41
0455 455 S TIGARD/PACIFIC HWY 0 2 0 0 2
CERTIFIED TO. BE A TRUE AND
CORRECT PY OF THE ORIGINAL
Date.
WASHINGTO .OOUNTY
kv ELEC OMSION
13Y
IN.
Agenda Item #
Meeting Date December 11, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Appointments to the Planning Commission
Prepared By. R. Bunch f2g= Dept Head Approvah City Mgr ApprovaL•
ISSUE BEFORE THE COUNCIL
Should Council reappoint Rex Caffall and Stuart Hasman to the Planning Commission?
STAFF RECOMMENDATION
Staff recommends reappointing Rex Caffall and Stuart Hasman as voting members to the Planning Commission.
KEY FACTS AND INFORMATION SUMMARY
Rex Caffall was originally appointed to the Planning Commission in December, 2003. His term expires December 31,
2007. Stuart Hasman was appointed to the Planning Commission in March, 2007 to fill an unexpired term of a former
Conmiissioner. This term will also expire December 31, 2007.
Both Commissioners are eligible for reappointment. They were interviewed by the Mayor's Appointment Advisory
Commission and were recommended for reappointment to the Planning Commission.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
Improve Council communications with Tigard Citizens.
ATTACHMENT LIST
Attachment 1: Proposed resolution reappointing Rex Caffall and Stuart Hasman as voting members to the Planning
Commission.
Attachment 2: Biographical Information
FISCAL NOTES
N/A
Attachment 2
PLANNING COMMISSION RECOMMENDED APPOINTEES
BIOGRAPHICAL INFORMATION
On December 11th, Rex Caffall and Stuart Hasman will be recommended for
reappointment as voting members to the Tigard Planning Commission.
Rex Caffall has lived in Tigard for 14 years. Caffall is the retired owner of Caffall
Brothers Forest Products in Wilsonville. He is currently a managing partner of
Caffall Investment Co., and CEO of Caro USA, Inc. in Stateline, Nevada. He has
served on the Planning Commission since December, 2003.
Stuart Hasman is the President of HASCO, Inc. Hasman graduated from Portland
State University with a Bachelor of Science in Communications. He has lived in
Tigard for 15 months and has served on the Planning Commission since March,
2007.
Agenda Item # 17 ' 3
Meeting Date December 11, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Amending Resolution No. 07-35, Master Fees and Charges Resolution, to Increase the State
Surcharge on Permits Issued by the Building Division by 4%.
Prepared By. Brian Blalock Dept Head Approval: City Mgr Approval: Q4
ISSUE BEFORE THE COUNCIL
Should Council approve a resolution to modify the existing Fees and Charges Schedule to collect an additional 4% State
surcharge on permits issued by the Building Division?
STAFF RECOMMENDATION
Adopt the proposed resolution to increase the State surcharge collected bythe Building Division.
KEY FACTS AND INFORMATION SUMMARY
• The Building Division collects a surcharge on permits for the State of Oregon, Building Codes Division.
• Currently, the surcharge amount collected is 8% of the permit fee.
• New legislation requires an increase to the surcharge of 4%.
• House Bill 2405 will use the additional 4% to create a statewide electronic permitting program.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
City Council Goals are not impacted by this resolution.
ATTACHMENT LIST
1. Proposed Resolution to amend the Master Fees and Charges Schedule, Resolution No. 07-35
2. Modified Fees and Charges Schedule
3. Letter from Department of Consumer and Business Services
FISCAL. NOTES
Additional funding is not required.
City of Tigard Attachment 2
Fees and Charges Schedule
Department Revenue Source Fee or Charge Effective Date
Residential Fire Suppression Systems Permit 9/24/2002
Multipurpose or Continuous Loop System
Square Footage.
0 to 2,000 $115.00
2,001 to 3,600 $160.00
3,601 to 7,200 $220.00
7,201 and greater $309.00
Stand Alone System
Square Footage:
0 to 2,000 $187.50
2,001 to 3,600 $232.50
3,601 to 7,200 $292.50
7,201 and greater $381.50
Restricted Energy 6/27/2000
Residential Energy Use $75.00
Commercial Energy Use $75.00
Sanitary Server Connection Fee $2,700.00/dwelling unit 7/1/2006
(City receives 20% of fees collected)
Sanitary Server Inspection Fee 6/6/2000
Residential $35.00
Commercial $45.00
Industrial $75.00
State Srrrcharge 12.% of: permit fee 1/1/20.08.
Tree Replacement Fee $125.00/ caliber inch 9/1/2001
WaterQuality Facility Fee 6/6/2000
(City receives 100% of fees collected)
Attachment 3
Department of Consumer and Bus;
regn O Building Codes Division
Theodore R Kulongoski, Governor 1535 Edgewater Street NW
PO Box 14470
Salem, OR 97309-0404
(503) 378-4133
October 8, 2007 FAX (503) 378-2322
TTY (503) 373-1358
http://bcd.oregon.gov
To Whom It May Concern:
During the 2007 legislative session the Oregon State Legislature passed House Bill 2405. This
bill is part of the Governor's streamlining initiative and requires the Oregon Department of
Consumer and Business Services (DCBS) to establish a one-stop, integrated, full-service,
statewide electronic permitting (ePermitting) program. The current permitting and plan review
processes-used by the 130 local jurisdictions in Oregon, which issue thousands of pen-nits
annually, will have this new system to speed up the process. To defray the cost of establishing
and administering a statewide ePermitting system, the legislature increased the state surcharge on
building permits 4%, effective January 1, 2008. Accompanying this letter is a notice regarding
the increase to the state surcharge on building permits. You may use the notice to postat your
location and share copies of it with your stakeholders and customers.
The statewide ePermitting system will be designed to provide. customers access to the full range
of building department services for any location or building site in the state through a one-stop e-
permitting Web-site. The system will allow customers to apply, pay, and receive permits on-line
24/7, submit plans electronically for review and tracking, and schedule, track, and receive
inspection reports electronically.
Many local building departments are participating in our initial epermitting program, Quick
Permits. We are encouraging local governments to offer this service and the new enhanced
program created by HB 2405. Check with your building department to see if these Web based
programs are a part of their permit system.
If you have any questions regarding the notice or the surcharge increase please contact Richard
Blackwell at (503) 373-1227 or richard.y.blackwell(E~state.or.us.
Sincerely,
Mark Long
Administrator
Agenda Item # q
Meeting Date December 11, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Introduction of Captain Chris Dawson, Tualatin Valley Fire & Rescue C=&R)
Station 51 in the City of Tigard
prepared By: C. Wheatley E-01-T Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Meet the new Captain for TVF&R Station 51, Chris Dawson.
STAFF RECOMMENDATION
No action.
KEY FACTS AND INFORMATION SUMMARY
Tualatin Valley Fire & Rescue Chief Jeff Johnson will introduce Chris Dawson, the new Captain for Station 51 in the
City of Tigard.
OTHER ALTERNATIVES CONSIDERED
N/A.
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
None.
FISCAL NOTES
N/A
1:\ADM\Packet'07\071211\TFV&R Captain Dawson AIS.doc
Agenda Item #
Meeting Date 12/11/07
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Receive League of Oregon Cities Safety Award and City/County Insurance Services
Bronze Medal Award for Wellness Promotion
~ " C~ oto- I
Prepared By: Sandy Zodrow/Loreen Mills Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Formally receive the 2006/07 Silver Safety Award presented to the City by League of Oregon Cities and City County
Insurance Services and the City/County Insurance Services Bronze Medal Award for Wellness Promotion
STAFF RECOMMENDATION
Receive awards.
KEY FACTS AND INFORMATION SUMMARY
League of Oregon Cities Safety Award
The City of Tigard has been officially recognized by the League of Oregon Cities and City County Insurance
Services as demonstrating outstanding achievement in the area of safety. The City was awarded the Silver Medal
Safety Award at the annual LOC Conference held this fall.
Each year the League of Oregon Cities and the City/County Insurance Services, sponsor an annual safety awards
program. All Oregon cities that employ full-time employees were eligible to participate in the award program.
Tigard has won this award for the 9`h year in a row. When compared to other cities with populations of 150+
employees, Tigard had the second lowest injury frequency rate.
Safety is very important to City employees - to protect not only the employees themselves but also all Tigard
citizens as City employees are out doing their jobs each day.
City/County Insurance Services Bronze Medal Award for Wellness Promotion
August of 2002 was the inception of the City/County Insurance Services' (CIS) Healthy Benefits program; a
wellness program designed to address disease management and healthy lifestyles. This program has evolved over
the last several years from a standalone worksite wellness program to a program integrated with the City's health
benefits. This program is an essential component in preventing disease and improving health which in turn lowers
health costs and lost work time. Employees have been encouraged to complete a Health Status Questionnaire
(HSQ) since the inception of the Healthy Benefits program. Initially, the City's participation level was 43%.
However, over the last several years the City has continued to see an increase in its level of program participation
43% in 2002 to 84.9% in 2007. Increased participation can be attributed to Human Resources and CIS' efforts to
strongly encourage and educate employees as to the benefits of their participation in this program.
As a result of this year's accomplishment, the City was awarded the "Bronze Medal Award for Wellness Promotion"
from CIS. This award is presented to any CIS member entity that achieves 80% to 89% participation in employee
completion of the HSQ.
In addition to this recognition, the City received a $3,195.00 grant which as stipulated by CIS Healthy Benefits
guidelines is to be used to promote wellness within our organization.
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
N/A
FISCAL NOTES
N/A
I:\ADM\Packct'07\071211\LOC Safety Award AIS 12-11-07.doc
Agenda Item #
Meeting Date December 11, 2007
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Discussion with Washington County Commission Chair Brian
Prepared By: C. Wheatley Gt Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
An opportunity to discuss items of mutual interest and concern for the City of Tigard and Washington County.
STAFF RECOMMENDATION
Discussion item only.
KEY FACTS AND INFORMATION SUMMARY
The Tigard Mayor and City Council expressed an interest in visiting with Washington County Commission Chair Brian
on items of mutual interest and concern between the City and the County. Chair Brian also indicated an interest in such
a discussion and the following topics were suggested:
• Downtown Tigard Plans and Status
• Commuter Rail
• Areas 63 and 64
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
Goal 4 - Improve Council/Citizen Communications
ATTACHMENT LIST
None
FISCAL NOTES
N/A
1:\ADM\Packct'07\071211\Discussion with T Brian AIS.doc