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City Council Packet - 10/14/2008 City of Tigard, Oregon • 13125 SWHall Blvd. • Tigard, OR 97223 JIGARD TIGARD CITY COUNCIL MEETING October 14, 2008 COUNCIL MEETING WILL BE TELEVISED i:\Ofs\Donna's\Ccpkt 1 Phone: 503.639.4171 • Fax: 503.684.7297 , . www.tigard-or.gov o TTY Relay: 503.684.2772 City of Tigard V-' Tigard Business Meeting - Agenda 1' il(c,/ a2[5j TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: October 14, 2008; 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Tunes 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 anyorder 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). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m Sunday 11:45 a.m. Friday 10:00 p.m Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB AGENDA - OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 4 City of Tigard Tigard Business Meeting - Agenda 'IT DG/\j DD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: October 14, 2008; 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM STUDY SESSION • Briefing on Membership in the Oregon Economic Development and Community Development Department Brownfields Coalition Assessment Initiative • Receive update on CCAC Recommendations regarding Downtown Organizational Leadership - Community Development Department • Receive update on Contract for Construction Documents, Permitting, Bid and Construction Services for Lower Fanno Creek Park- Community Development Department EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Alexa Kanbergs • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL/LCRB AGENDA - OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 4 7:45 PM 3. CONSENT AGENDA: (Tigard City Cacnxil , L oral Coaract RezimBaard & City Corer DezelopnDr Agerxy) Tlxse items ale amside td to le mutim and mxy be enaaed in ore n a m zeitlaoert separate disaission A nyore mzy west drat an item be mnmyl by nvion for dismssion and separate action Matzon to 3.1 Approve City Council Minutes for August 12 and September 9, 2008 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Fifth Tuesday Notes from September 30, 2008 3.3 Approve First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition (WRWC) and Authorize the Mayor to Execute the Agreement 3.4 Establish an Urban Forestry Master Plan Citizen Advisory Committee for the Urban Forestry Master Plan - Resolution No. 3.5 Approve Budget Amendment # 09-04 to Recognize Receipt of Federal Grant Funds and Make Corresponding Appropriations for Tigard Turns the Tide Grant; Years 1 and 2 - Resolution No. 3.6 Approve Budget Amendment # 09-05 to Recognize Receipt of Federal Grant Funds Through the Tigard/Tualatin School District and Make Corresponding Appropriations for the Safe Schools/Healthy Students Grant in the Community Services Program (Police Department)- Resolution No. 3.7 Local Contract Review Board: a. Award Contracts to SR Design LLC and Cascadian Landscapers, Inc., for As-Needed Tree Planting Services and Authorize the CityManager Execute the Contracts b. Award Contract to All Seasons Ground Care for Landscaping/Ground Maintenance Services at various City buildings and Authorize the City Manager to Execute the Contract c. Award Contract to Walker Macy to Produce Construction Documents and Provide Permitting Services and Authorize the CityManager to Execute the Agreement 3.8 Authorize the City to Become a Member of the Oregon Economic & Community Development Department's Brownfields Coalition to Obtain Grants for Assessing Properties Identified for Downtown Redevelopment - Resolution No. 08- • Consent A wrla - Item Reamed for Separate Disaission These items are cawden to be nxrtim and mry le enaaed m ore nmm w&" separate disarssion Anyom mry ngrest that an item be mmzed by rrr m for disaissien and separate aawn 7:50 PM 4. LEGISLATIVE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT CPA 2008-00006 - UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization 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: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. TIGARD_ CITY COUNCIL/LCRB AGENDA - OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 4 a. Open Public Hearing b. Rules of Procedure: City Attorney C. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? d. Staff Report: Community Development Department e. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 8:35 PM 5. WORKSHOP DISCUSSION - COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009: INTRODUCTION/ GLOSSARY a. Staff Report - Community Development Department b. Council Discussion Note Public crnrnrerrt sigrtacp shams will le auailable forms of the public zeho would like to offer irpCd to the City Caanxil. 9:15 PM 6. CONSIDERATION OF INCREASED RESPONSIBILITIES AND INCREASED STIPEND FOR THE MAYOR a. Staff Report - Administration Department b. Council Discussion C. Council Consideration: Resolution No. 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS 9. 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 maybe held for the purpose of taking anyfinal action or making any final decision. Executive Sessions are closed to the public. 9:30 PM 10. ADJOURNMENT IAADM\Cathy\CCA\2008\081014 business.doc TIGARD CITY COUNCIL/LCRB AGENDA - OCTOBER 14, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of 4 City of Tigard L Study Session - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: October 14, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM STUDY SESSION • Briefing on Membership in the Oregon Economic Development and Community Development Department Brownfields Coalition Assessment Initiative (Also on Consent Agenda - See attached) • Receive update on CCAC Recommendations regarding Downtown Organizational Leadership - Community Development Department • Receive update on Contract for Construction Documents, Permitting, Bid and Construction Services for Lower Fanno Creek Park - Community Development Department (Also on Consent Agenda - See attached) Administrative Items: • A proclamation for RedRibbon Week was added to the agenda; please see the attached. • The regular meeting schedule for Council meetings in December is December 9, 16 and 23. Does the City Council want to cancel the business meeting scheduled for the 23rd? If business items arise, would the City Council be willing to consider a workshop/ business meeting on December 15? The next business meeting would be January 13, 2009, which is often only a ceremonial meeting with Oaths of Office administered to incoming elected officials, the State of the City Address, Council President Election, and a reception. This would mean no regular business meeting until January 27, 2009. • Tn-Met Board Meeting on October 22, 2008, in Tigard Town Hall, begins at 9:15 a.m. (reception) and the Board Meeting is scheduled 10-11:30 a.m. Councilor Woodruff has advised Joanne Bengston that he is able to attend; any other City Council members available? EXECUITVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Council Calendar. October 14" Tuesday Council Business Meeting - 6:30 pm, Town Hall 21" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 28" Tuesday Council Business Meeting - 6:30 pm, Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA- October 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 ~1 503-639-4171 www.tigard-or.gov 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 dosed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660(2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192:660 (2) (f) - Exempt public records - to consider records that are "exempt bylaw 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) 0) - Public investments - to carryon 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. 1AADM\C2thy\CCA SS - Pink Sheet\2008\080909.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA - October 14, 2008 City of Tigard ~1 13125 W Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov vn r t i 5H wAf , ~ i li i i ~"'r P ~ vl?3id1 ~r 7 a pl ~ ~d}N,! qy@s''•ii~l t ~f( ~y~ iUi .lye I ~ r:UJ"d'~~' 11 ~'~'~iitlt +a9 0 Y s n . I, 1 PROCLAMATION d 4 Rtd Ribbon Wad a WHEREAS, parents can Influence their children's decisions about alcohol and other drug use by leaming the facts and discussing them with their children' and II~ Ike'i;~' • •e . ` WHEREAS, parents can teach their children to enjoy life without using alcohol and drugs; and i' WHEREAS, Tigard Turns the Tide and a number of Tigard youth dedicated to 'Stop Tigard ; f ' Underage Drinking' are participating In a community-wide effort to make parents aware of what they can do to help their children to avoid using alcohol and other drugs; and 1' • WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-free lifestyle and this year's theme Is ASK ME...SEE ME...BE ME...I'M DRUG FREE.; NOW THEREFORE BE IT RESOLVED THAT 1, Craig Dirksen, Mayor of Tigard, on behalf of the entire City Council, do hereby proclaim: uuu<►►►~~~°_: October 23 - 31, 2008 as Red Ribbon Week In Tigard, Oregon and encourage all citizens to participate in this effort to keep our children free i~ of tobacco, alcohol and other harmful drugs through education and partnering with teachers and ' parents. Dated this day of 2008. r i F IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard 1. to be affixed. Craig E. Dlrksen, Mayor try City of Tigard Attest: c City Recorder fey}J'. ~~t~~ 1 cA }gyp wI '(,a~_':<<s:~ 1NIN l u r err.. ~yt\\. ~ r k ~t i•r~... 9 'q 6 ~,r v~ t3 1 -vs+`e #~3 E*+ a~'£ X f ~ c !1\ . ~t ' i! ~,~.v' ll 'tt~~ . ~ ~~.,a s s r ~ ~ sa o 'c r'•',e ; ,u. . Agenda Item No. 3, I Council Meeting of 0,2 City of Tigard .,f~ Tigard Business Meeting Minutes TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: October 14, 2008; 6:30 p.m. Study Session; 7:30 prim. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Council President Sherwood ✓ Councilor Wilson ✓ ` Councilor Woodruff ✓ Staff present: Assistant City Manager Newton, City Attorney Ramis, Community Development Director Coffee, Assistant Community Development Director Bunch, Senior Planner Nachbar, Senior. Analyst Collins, City Recorder Wheatley STUDY SESSION Track 1 • Briefing on Membership in the Oregon Economic Development and Community Development Department Brownfields Coalition Assessment Initiative Senior Analyst Collins advised staff was requesting authorization to become a part of the Oregon Economic and Community Development Department (OECDD) Brownfields Coalition. This would be a partnership among OECDD and other jurisdictions and agencies to have access to assessment grants. This would pertain to properties in the downtown identified for redevelopment within the urban renewal district. She advised that OECDD is applying for an EPA $1 million grant. Half of the grant will be allocated to hazard substance assessment and the other half will be for petroleum based grants. OECDD approached the City of Tigard in their search for partners. The proposal is structured around Main Street programs. There will be no cost to the City of Tigard; OECDD will handle the distribution of the grant money and comply with reporting requirements. Senior Analyst Collins advised that a list of sites has been identified. She distributed a map of the property and reviewed the five sites including the following properties: Stevens Marine, Dog Park, and the Public Works Annex. Mayor Dirksen said he met with a representative from the EPA at the League of Oregon Cities Conference. During this presentation, the representative advised that there is money available to TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR^97223 503-639-4171~1 www.tigard-or.gov Page 1 of 14 deal with brownfields issues. Cities were urged to form partnerships to apply for grant funds. Mayor Dirksen suggesting adding another site: the site near the library contaminated with arsenic. The EPA representative said the library site was close enough to the other sites in the downtown area that it could be considered. In response to a question from Councilor Wilson, Senior Analyst Collins advised that assessments have not been done on these sites. Mayor Dirksen corrected that an assessment has been done on the library site. Senior Planner Nachbar added that some work has been done on the Stevens Marine site; there is contamination and follow up studies and mediation work will be required. He said OECDD is tying this to the Main Street program. Tigard is not a formal member of the Main Street program yet, but we have one year to decide whether to become a member. It is not clear if membership of the Main Street program would be a requirement to participate in the Coalition. The authorization to proceed is on the City Council's Consent Agenda tonight, Item 3.8. Track 2 • Receive update on City Center Advisory Commission (CCAC) Recommendations regarding Downtown Organizational Leadership - Community Development Department CCAC Chair Alice Ellis Gaut presented the update. Council received a ReseanbRep&t onDou&oun Asso ations in Owgon prepared by the City Center Advisory Commission Subcommittee on Leadership Capacity in Downtown. This document along with another document prepared earlier in the year by Marcus Mead in the Community Development Department represents the baseline research into the overall question of how to proceed with the Leland report on the recommendation to encourage a strong downtown association. Chair Ellis Gaut said a number of alternatives were identified in the data in these two documents. Tigard is unique when looking for comparables; although we have a fairly large population and budget, the downtown area is representative of a much smaller city. She said finding the right fit for us will be an organic process. The reason the CCAC reviewed this was due to the Leland recommendation that this is a priority. The CCAC decided these types of things take time to develop and it did not want the City to be in a situation of establishing roles for a downtown association with the City of Tigard after redevelopment was well underway. Chair Ellis Gaut reviewed the CCAC process to approach identifying the downtown organizational leadership. Six categories were identified as areas for further exploration to help spur downtown redevelopment and to congeal the support and interest among the business people. After that, the CCAC looked at questions needing answers. The first question relates in some measure to determining whether a downtown association is necessary and desirable; will it make-or-break the success of an urban renewal process. This seems to be the most important question to frame correctly. Once it has been established as to what the question should be, and if the answer is "yes," - it is necessary and desirable - then we would need to move onto addressing what this would look like. If the City is going to partner in supporting the downtown association, then what would that look like; i.e., in-kind support, funding, etc. Chair Ellis Gaut advised Tigard Central Business District Association (TCBDA) members were present during the above-noted discussion. They offered their views. At this time, the most TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 2 of M significant things during the initial analysis are about the kind of relationships hoped for with downtown business and property owners - how these could be developed and strengthened. Chair Ellis Gaut noted interest in the previous presentation regarding a grant to address brownfields and whether joining the Main Street program will be required. If Tigard must join the program, then their research has indicated that an association would be needed. The ultimate question will likely be "Who wants to be that association?" Councilor Woodruff asked if Tigard Central Business District Association has taken a position? Chair Ellis Gaut said there has been a lot of input; however, she said she did not think a position had been stated. TCBDA member Marland Henderson said the TCBDA was waiting for the CCAC to go through its process and reach a decision. Councilor Wilson questioned what decision was being contemplated. Chair Ellis Gaut said this is not what they would envision; that is, that they would be making "a decision." Councilor Wilson said we could encourage something to happen, but the City will not necessarily be "running the show." The whole idea is that the downtown association would be independent. Chair Ellis Gaut said she thought Mr. Henderson was referring to what would be needed to support an association and not a decision about whether there should be an association. Mr. Henderson said the TCBDA would very much like to work with the City and there are many parts to consider. He said he thinks it is coming together with regard to establishing a working relationship; however, some things need work. Council President Sherwood asked if there would be one or two associations; that is, would everyone belong to TCBDA or would there still be two different groups working in the downtown. Mr. Henderson said that while he is not looking for "Utopia," he believes there is a way we could work together. At times, money issues seem to become a problem. More than anything, working together is the most important to determine what the business owners' needs are. Councilor Buehner noted concern that during the process efforts are made for an affirmative outreach to the business and property owners who are not actively involved in the current organization. Chair Ellis Gaut said plans are to obtain input from a broad cross-section of businesses. Councilor Wilson said interest must be generated among people who are less involved. It appears that there are three groups of people: 1. People who own property, but do not have businesses in the downtown; 2. Business owners who do not own the property, but are concerned about business vitality, 3. Owners who do not see themselves fitting in the long-term scheme. The third type might be an investor or decide to sell to an investor. While it is good to have the current business owners talking to each other and to the City, what we really want is for people to decide to redevelop; otherwise, nothing will happen. Councilor Wilson suggested a major goal be set to reach out to passive owners. Mayor Dirksen said we need to give everyone an equal opportunity and then they will choose at what level they wish to engage. Councilor Woodruff said the Council does not care as much about the methods as the outcome. We all want to have, as much as possible, people getting on the "same page" and to move forward with as much speed and effectiveness as possible. He noted that it looked as if the CCAC has done a lot of work on their approach. Mayor Dirksen added he needed time to review the Subcommittee report. Chair Ellis Gaut explained the document is a survey accompanied with analysis exploring TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 Cityof Tigard mm13125 SW Haft Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 14 u various models in cities of comparable size. The previous document prepared by Marcus Mead also looks at downtown associations: what do they look like, how are they funded, etc. Chair Ellis Gaut said they will continue to try to learn from people who are not involved - what are they thinking about. She referred to a meeting held last April where consultants were asked about downtown associations and the various ways they have been utilized in Oregon; that is, what works and what does not. More people than usual attended this April meeting, although not a majority of the downtown business owners. Councilor Woodruff commented that we have learned that no matter how much we have. communicated, it never seems to be enough. All of us have to think every single time, "What is the maximum that we can do to get people involved?" ADMINISTRATIVE ITEMS: ➢ The following item will be moved to the City Council agenda of October 28, 2008: Receive update on Contract for Construction Documents, Permitting, Bid and Construction Services for Lower Fanno Creek Park - Community Development Department ➢ In response to a question from Councilor Buehner about the re-meandering of the creek project by Clean Water Services, Senior Planner Nachbar advised this has been delayed because of the time it took to get the Corps of Engineers' permit. Clean Water Services plans to move ahead next spring. Senior Planner Nachbar commented that this would work well with phasing the City's park improvements with this Clean Water Services project. At this time, it looks as if everything will move forward. We are moving ahead with the Stevenson property acquisition, this property is necessary for the re-meander. Councilor Wilson asked if the Parks Board is reviewing these plans? Senior Planner Nachbar said he was not aware of a review by the Parks Board. Their plans were incorporated into the Master Plan and Walker Macy and the committee have reviewed and incorporated them into the Master Plan. Councilor Buehner said the plans should be given to the Parks Board. Councilor Wilson agreed. Councilor Woodruff pointed out that the City Council will be talking to the Parks and Recreation Advisory Board next week Councilor Buehner said the Parks Board members should review pertinent information before next week's meeting. Mayor Dirksen said we need the PRAB to keep a running review of activity. Senior Planner Nachbar said he would contact the PRAB Chair. Councilor Wilson said he would also want to have neighbors be provided with the opportunity to see the plans before it happens. Councilor Buehner suggested a detailed article in the Cityscape. Track 4 ➢ Mayor Dirksen reported on the Governor's Transportation Vision Task Force. A draft document has been produced and the Mayor prepared a summary, which he distributed to the City Council. A copy of the summary is on file in the City Recorder's office. He asked the City Council to review this summary. ➢ Council briefly discussed the TriMet board meeting to be held in Tigard next week. The Mayor and Council members indicated they would attend. TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of M ➢ . Councilor Buehner advised that the Holiday Inn (used to be the Sherwood Inn) opening is October 15. Council President Sherwood said she would attend. ➢ Council members agreed to cancel the December 23, 2008, City Council meeting. The December 16, 2008, meeting can be a workshop/business meeting. ➢ A proclamation for Red Ribbon Week was added to tonight's business meeting; City Council received a copy of the proposed proclamation. ➢ The November 11 City Council meeting is cancelled; this is Veterans Day and City offices will be closed. EXECUTIVE SESSION. Not held. Study Session concluded: 7:02 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board meeting to order at 7:30:20 PM 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Council President Sherwood ✓ Councilor W1on% ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: PROCLAMATION - RED RIBBON WEEK: Mayor Dirksen proclaimed the week of October 23- 31, 2008, as Red Ribbon Week encouraging all citizens to participate in the effort to keep children free of tobacco, alcohol, and other harmful drugs through education and partnering with teachers and parents. 7:32:40 PM 2. CITIZEN COMMUNICATION • Tigard FEgh School Student EnvoyAlexa Kanbergs presented a report on activities at the high school. A summary is on file in the City Recorder's office. • Citizen Communication - Sign Up Sheet: No one signed in. 7:34:42 PM • Follow-up to Previous Citizen Communication: Assistant CityManager Newton reported on follow-up to City Council's Fifth Tuesday meeting of September 30, 2008: TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 Qtyof Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov ( Page S of 14 ✓ Windridge Homes Subdivision regarding a tree mitigation issue. Community Development staff met with the representatives of Windridge Homes and they have reported they are satisfied with the direction. ✓ The Tigard Chamber of Commerce requested consideration for a Gty contribution of $1,000 for the annual tree lighting celebration. This is scheduled for City Council consideration on October 28, 2008. 7:35:43 PM Mayor Dirksen reviewed the Consent Agenda: (Item 3.7 c removed from the Consent Agenda and considered by the City Council on October 28, 2008) 3. CONSENT AGENDA: 3.1 Approve City Council Minutes for August 12 and September 9, 2008 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Fifth Tuesday Notes from September 30, 2008 3.3 Approve First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition (WRWQ and Authorize the Mayor to Execute the Agreement 3.4 Establish an Urban ForestryMaster Plan Citizen Advisory Committee for the Urban ForestryMaster Plan - Resolution No. 08-59 A RESOLUTION ESTABLISHING A CITIZEN ADVISORY COMMITTEE TO GUIDE THE PREPARATION OF THE URBAN FORESTRY MANAGEMENT PLAN AND DECIDING THE MEMBERSHIP OF THE COMMITTEE 3.5 Approve Budget Amendment # 09-04 to Recognize Receipt of Federal Grant Funds and Make Corresponding Appropriations for Tigard Turns the Tide Grant; Years 1 and 2 - Resolution No. 08-60 A RESOLUTION TO APPROVE BUDGET AMENDMENT # 09-04 TO RECOGNIZE RECEIPT OF FEDERAL GRANT FUNDS AND MAKE CORRESPONDING APPROPRIATIONS IN THE COMMUNITY SERVICES PROGRAM (POLICE DEPARTMENT) FOR TIGARD TURNS THE TIDE GRANT 3.6 Approve Budget Amendment # 09-05 to Recognize Receipt of Federal Grant Funds Through the Tigard/Tualatin School District and Make Corresponding Appropriations for the Safe Schools/Healthy Students Grant in the Community Services Program (Police Department)- Resolution No. 08-61 A RESOLUTION TO APPROVE BUDGET AMENDMENT # 09-05 TO RECOGNIZE RECEIPT OF FEDERAL GRANT FUNDS THROUGH THE TIGARD/TUALATIN SCHOOL DISTRICT AND MAKE CORRESPONDING APPROPRIATIONS FOR THE SAFE SCHOOLS/HEALTHY STUDENTS GRANT IN THE COMMUNITY SERVICES PROGRAM (POLICE DEPARTMENT) 3.7 Local Contract Review Board: a. Award Contracts to SR Design LLC and Cascadian Landscapers, Inc., for As-Needed Tree Planting Services and Authorize the City Manager Execute the Contracts b. Award Contact to All Seasons Ground Care for Landscaping/Ground Maintenance Services at various City buildings and Authorize the City Manager to Execute the Contact TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 6 of M C. C°""• ;ind A„theyi e the ( :r..Man. gef t„ Exeeidte the Agreement 3.8 Authorize the City to Become a Member of the Oregon Economic & Community Development Department's Brownfields Coalition to Obtain Grants for Assessing Properties Identified for Downtown Redevelopment - Resolution No. 08-62 A RESOLUTION APPROVING THE CITY OF TIGARD'S PARTNERSHIP WITH THE OREGON ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT BORWNFIELDS COALITION Motion by Councilor Wilson, seconded by Council President Sherwood, to approve the Consent Agenda with Item 3.7c. removed. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes 4. LEGISLATIVE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT CPA 2008-00006 - UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization 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: All City Zoning Districts. APPLICABLE REVIEW CRITERIA; Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. 7:38:53 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis read a statement outlining the rules of procedure for this hearing. 741.23 PM C. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? None were declared or discussed. d. Assistant Planner Daniels presented the staff report regarding the Comprehensive Plan amendment before the City Council. She outlined the process followed to prepare the proposed ordinance: TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of M ✓ The Planning. Commission hosted two Policy Interest Meeting Team Meetings and conducted two public hearings on this topic (August 18, 2008, October 6, 2008. The newspaper notice failed to print for the first hearing, which is why the second hearing was held October 6 to ensure compliance with the City's citizen involvement program.) ✓ The City Council held a workshop on September 9 to discuss the Planning Commission's recommendation to adopt this chapter. City Council asked for clarification on two policies and suggested a wording change in another. These changes were summarized in Attachment 3, a September 19, 2008, memorandum from Senior Planner Wyss to the Planning Commission. On Page 2 of the memo, there is a discussion of the Council's desire to change the language in Goal 14.2, Policy 3 from "require" to "encourage." City staff worked with the City Attorney to rework the language as it is presented in Exhibit A. ✓ Assistant Planner Daniels submitted an October 10, 2008, memorandum from Senior Planner Wyss, which details the Planning Commission's October 6, 2008, recommendation that the language in Goal 14.2, Policy 3 be changed back from "encourage" to "require" as originally recommended by the Planning Commission at its August hearing. ✓ To ensure this chapter is technically sound, Assistant Planner Daniels advised that Senior Planner Wyss worked with the Department Review Team to determine its technical accuracy and conformance with applicable laws and rules. This chapter was sent to state and regional agencies for review, those comments and staff's reply are shown in Attachment 2 of the staff report. ✓ The CityAttorney reviewed the staff report findings and found them to be accurate. e. Public Testimony: None f. Staff Recommendation: Assistant Planner Daniels advised that staff has found the language, including the amendment, complies with the applicable state land use goals, the City's municipal code and comprehensive plan polices, as well as federal, state, and regional plans and regulations. Staff recommends adopting the language in Exhibit A- 9. Council Questions Mayor Dirksen said that this issue has been before the City Council three times previously. What remains are a couple of minor language changes. Councilor Woodruff commented on the Goal 14.2 and the word change "required" to "encourage" was at his suggestion because there might be sensitivityto the word "require" when associated with annexation. He said he was amenable to changing the word backto "require" since it is prefaced bythe word "ma Y" After brief discussion, there was agreement to go along with the recommendation from the Planning Commssion to change the word back in Goal 14.2, Policy 3 back to "require" rather than "encourage." Councilor Wilson noted he had a discussion with Lisa Hamilton-Treick She had a comment about wording that would prevent an area within our urban services area to join or form a park district. She asked why the City would oppose this if it would mean we would get parks within the area. Councilor Wilson said he responded that the other side of that argument is, why would people who have a park district want to come into the city? Further, if parcels were contiguous to another city (i.e., King Gty), but were inside our area, is it not beneficial for them to be part of some city rather than no city? He said he was not suggesting that any language be changed, but if a serious proposal did come up, then he TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 8 of 14 thought we could make a Comprehensive Plan amendment to allow it to happen. City Attorney Ramis added that-if the Council makes the decision now to include that sort of language, then the option is precluded; however, if an argument can be successfully made later to create a district, the City Council can agree or disagree with it at that time. 7:52:08 PM Councilor Buehner referred to another issue regarding the water service boundary. She clarified that there is a small section of the Tualatin Valley Water District that the Tigard-area District has been providing water to for many years. This boundary needs to be moved and perhaps there will be incentive to proceed with an adjustment. 7:53:32 PM h. Mayor Dirksen closed the public hearing. i. Council Consideration: Motion by Councilor Buehner, seconded by Council President Sherwood, to adopt Ordinance No. 08-15, with Goal 14.2 amended as discussed by City Council. Councilor Woodruff clarified that the only word to be adjusted is the word "encourage" to "require" in Goal 14.2. There is another instance of the word "encourage" contained in the recommended action measures, which will remain. ORDINANCE NO. 08-15 - AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00006 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACIIONMEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14, URBANIZATION The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes 7:55:12 PM 5. WORKSHOP DISCUSSION - COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009: INTRODUCIION/GLOSSARY a. Assistant Planner Daniels presented the staff report. The introduction presents a brief background statement that outlines the purpose of the plan and its implementation. Changes discussed at the Planning Commission workshop were outlined in Attachment 3, a memorandum dated September 8, 2008, from Senior Planner Wyss to the Planning Commission. Changes from the hearing in September were detailed in Attachment 2, which starts on Page 3 of the September 15, 2008, Planning Commission meeting minutes. TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 City of Tigard _ 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 of 14- b. Council discussion: Councilor Buehner advised she found the minutes of the Planning Commission meeting to be brief. She noted that two Planning Commissioners were present and asked if they would be willing to give City Council more information about the hearing. Mayor Dirksen noted that public comment will be accepted and invited the Planning Commissioners present or audience members to make comments if they would care to do so. Planning Commissioner Vermilyea noted the Planning Commission had a couple of workshops and public hearings on this section of the update. He said he believes the last set of minutes was relatively short because bythat time there was no additional input from the public since much of the work had been accomplished in previous workshops. 7:59:44 PM Planning Commissioner Vernilyea said the Planning Commission's focus was on plain language, avoiding jargon, so the glossary definitions are understandable to the average person. For each definition, where possible, the Planning Commission wanted assurance there was reliance on an outside authority, i.e., a federal statute, state statute, etc. The Planning Conunission wanted to be sure that they were being consistent with the authority on each particular issue. For those areas, where no authority could be referenced, then they looked to the dictionary or some other language that would make common sense. He referred to public input and, in particular, that from Sue Bielke who submitted a lot of good ideas and input. Some of her suggestions were incorporated. The Planning Commission felt satisfied with the process and outcome on the definitions. Councilor Buehner asked if Planning Commissioner Vermilyea felt comfortable that the glossary covers all the necessary words. He reviewed the Planning Commission's process and, in the end, they do feel comfortable they captured the terms that were noted for definition during the course of the discussion on the different chapters. Mayor Dirksen reviewed the three-year Comprehensive Plan process for those who were visiting tonight. The Comprehensive Plan is the City's governing document, much the same as the way that the Constitution is the governing document for the United States. The document was originally written in 1983 and needed updating. The Council decided that it would be important to define a list of terms so that in the future, if a challenge were to arise on an issue in the Comprehensive Plan that the terms used in the Plan would be clearly defined. This is the first time the Council has had an opportunity to discuss these definitions. This will be coming before the City Council again in a public hearing on October 28, 2008. Public comment will be taken at that time as well. Councilor Wilson said the glossary is important because often what you can do might hang on a single word's definition. He also noted definitions in the Comprehensive Plan and Development Code should agree. He reviewed his suggestions: 8:06:00 PM ✓ Greenspace/Greenway: In some places, it has been indicated whether it is publicly owned land, privately owned land, or both. In this particular section, there is no indication. He said he isn't sure what is meant: is it City ownership or not? TIGARD CITY COUNCIL/LCRB MINUTES - OC,"I'OBER 14, 2008 Gtyof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 10 of 14 Assistant Community Development Director Bunch responded that the Comprehensive Plan is much more general in scope than the Community Development Code. The Comprehensive Plan policies are very broad. The Development Code is intended to implement the Comprehensive Plan and the reason that some of these terms do not necessarily agree is due to the broad definition applicable to a broad policy perspective versus the very specific clear and objectives that must apply in the Development Code. Staff was cognizant of this as they went through the policy development that the policies also need to have broad scope because they are subject to being interpreted by the City Council when the Council makes policy, oriented decisions. This is why there is no specificity, for example, in greenspaces. Assistant Community Development Director Bunch cited other examples of "recreation space" and "open space," which are defined as they pertain to specific types of developments. Assistant Community Development Director Bunch said if City Council desires the definitions to be more specific, staff could do that. Councilor Wilson said that as he was reviewing, he found that he could not determine where the terms were used in the Code so he could make a judgment whether the two documents needed to be consistent. Perhaps, in this particular case (greenspace/greenway), we do not have a specific policy that would match to a regulation on private property. Are we saying we are going apply regulations to greenways that might apply to public and private property or the hybrid where there is a public easement on private property. He said he would like staff to be aware of this and ready to respond. Councilor Wilson noted that in natural areas, the definition is that it is "city owned" land and under open space, the definition refers to "public and privately owned" land. Mayor Dirksen said he thinks there are areas in the City identified as "greenways" and the property is privately owned, but because of environmental restrictions, a portion of a property might not be available for development. Collectively, we refer to these as greenways. In response to a comment by Councilor Wilson that in these instances there would be an easement, Councilor Buehner said this is not uniformly true, as sometimes these pieces of property do not get transferred to public ownership. Mayor Dirksen said greenspace could be owned publicly or privately and if it is identified one way in one document then it should be the same in the other document. Councilor Buehner said she was not as concerned about it within the context of the Comprehensive Plan, but she certainlythinks it would be important to make a note that as we move to developing Code, that we specify whether it is private or public because there might be different rules. 8:11:49 PM Councilor Wilson continued with his comments on the Chapter under review: ✓ Invasive Species - the definition states that this refers to plants that are not native and aggressive; however, doesn't say that it is "harmful." The federal definition includes "harmful." Just because a plant is successful and not native, doesn't necessarily mean that it is considered invasive. Councilor Buehner added she thought there was a state definition within the "noxious" plant definitions. Assistant Community Development Director Bunch agreed there are other definitions that deal with the harmfulness. He advised staff would recheck both the state and federal definitions and get back to the City Council. TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1~ 503-639-4171 ~1 www.tigard-or.gov Page 11 of 14 8:13:16 PM ✓ Sensitive Lands - reference is made to the Development Code for the definition. It seemed to Councilor Wilson this should be reversed. It seems that you could just say that sensitive lands are steep slopes and wetlands rather than have a Code reference. Mayor Dirksen agreed, since the Code language might change. There are other instances the Mayor noticed where the Comprehensive Plan referenced the Code. He asked if it would not be better to pull the language from the Code and place it in the Comprehensive Plan so that in the future the Code would reference this language. Assistant Community Development Director Bunch noted that the definition must be synonymous because sensitive lands in the Code have statutory implications . because it is used to regulate; that is why the Code is mentioned. If there is a definition change, it is typically changed in the Code if that needs to happen. Staff will evaluate. Mayor Dirksen noted other places for staff to check include "active recreation" and "passive recreation." Councilor Wilson asked why you couldn't say something similar to: "sensitive lands refers to steep slopes and wetlands as more fully defined in the Development Code." Assistant Community Development Director Bunch agreed this could be done. Assistant Community Development Director Bunch noted there was a long discussion with regard to "active recreation" during the Planning Commission review. They remembered the process they went through for the Planned Development Code. Mr. Frewing also referenced this at the Planning Commission meeting. Councilor Buehner said it was particularly important in the discussion because active referred to 1) ball fields, picnic tables 2) trails, or 3) those areas that have no trails or access. We need to review this to make sure we are consistent. Assistant Community Development Director Bunch added that this might be a term that is more generally described in the Comprehensive Plan and then more specifically described in the Code. 8:16:32 PM ✓ Tigard Urban Planning Area and Tigard Urban Services area - those two definitions were similar. Councilor Wilson advised he did not understand the difference noting that one deals with the Statewide Planning Goal 2 and the other with ORS 195. Assistant Community Development Director Bunch advised there are some Administrative Rules with more specific definitions; staff will review to provide clarification so one can discriminate the differences between the two. Mayor Dirksen said those terms are used in two separate agreements the City has with Washington County. In response to a question from Mayor Dirksen, City Attorney Ramis advised legal counsel has reviewed these; however, they will study the definitions more in depth. Councilor Buehner asked about changes at the state legislature that might impact language contained in the glossary and whether we would have to go through a full Comprehensive Plan amendment process? City AttomeyRamis said "yes, and that's why the staff is recommending, where possible, general definitions." If you use specific references in your definitions, state statutes, or your own code, the presumption often is that the language in the Comprehensive Plan automatically changes. "That is not the case... now you've got two separate, conflicting definitions... so it is important to be general so you can come back only when necessary." In response to a question from Councilor Buehner, City Attorney Ramis advised there is no process by which you can automatically change the document without having a hearing on changing the document. TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 Gtyof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 12 of M 8:20:19 PM Councilor Woodruff made a suggestion for the sake of readability. Not every single word is defined; for example, we do not define "require," but we do define "encourage." If a statement could be made in the introduction that if any word is itali&ed or underlined, it could be found in the glossary. Assistant Community Development Director Bunch said that is a good point and will be done. 8:21:06 PM Councilor Wilson commented about LEED Padership and Energy in Environmental Design). He recalled when this was discussed previouslythat the wording be "LEED or other." LEED is always changing; they are on Version 2.2 now and the next update is being, discussed and another section. might be added to deal with "social equity." New developments with LEED might not be something we agree with. He suggested that the language not be so specific. Councilor Wilson noted that LEEDS is a private rating system. Mayor Dirksen recused himself and left the Council dais. Council President Sherwood presided during City Council consideration of Agenda Item No. 6 6. CONSIDERATION OF INCREASED RESPONSIBILITIES AND INCREASED STIPEND FOR THE MAYOR a. Assistant GtyManager Newton presented the staff report; she reviewed a couple of key points. Staff has made the effort to incorporate comments from the City Council from previous meetings on this topic. Rather than a letter of agreement, staff recommends the Council consider a resolution since this is what the City has done in the past to establish or adjust the Council stipends. w b. In response to a question from Councilor Buehner about whether the increased stipend could be backdated, City Attorney Ramis responded that the City Charter is clear that the City Council has the authority to do this. Councilor Woodruff said there has been media coverage about this. People have had opportunity to comment but not much comment was received. Councilor Woodruff said a high bar has been set because the Mayor or Council President must be willing to take on the increased responsibilities. In addition, the rest of the City Council has to have the trust that the person is up to this responsibility. Finally, the Mayor or Council President will have to work for an employer willing to participate. Fortunately, all of these conditions exist now, however, it certainly is not a given that this will be the case in the future. There has been much discussion that this is an experiment to see what happens over the next six months to be evaluated by the Mayor, Council and the Mayor's employer as to whether this is still a good idea. Council President Sherwood pointed out that this is subject to Budget Committee review every year. Councilor Wilson said that the Mayor received an invitation to speak at a 4' Grade class; he noted that this would not be in the list of things that the Council is talking with regard to the additional duties. C. Council Consideration: Motion by Councilor Woodruff, seconded by Councilor Wilson, to adopt Resolution No. 08-63. A RESOLUTION ESTABLISHING CITY COUNCIL MEMBER STIPENDS, SUPERSEDING RESOLUTION NO. 99-50 TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Pager13 of M The motion was approved by a unanimous vote of City Council present. Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes Mayor Dirksen returned to the dais and presided over the remainder of the meeting. 7. COUNCIL LIAISON REPORTS Councilor Buehner welcomed the young people in the audience attending the meeting to meet a requirement of their "Senior Seminar." In the past students have made comments and the City Council has acted on some of these comments. For example after receiving a comment form a high school student, a lighted crosswalk across Durham Road adjacent to the high school is being installed. 8. NON AGENDA ITEMS: None 9. EXECUITVE SESSION: None 8:31:05 PM 10. ADJOURNMENT Motion by Councilor Woodruff, seconded by Councilor Buehner, to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes therine Wheatley, City Recor Attest: v IZ- r ty of Tigar Date: •I~OI/ eZ DOS" I:\ADM\CATHY\CCM\2008\ccm081014 draft.doc TIGARD CITY COUNCIL/LCRB MINUTES - OCTOBER 14, 2008 Cityof Tigard 13125 SW HaH Blvd., Tigard, OR97223 _ 503-639-4171 www.tigard-or.gov Page 14 of M 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, DAMA1 .e , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the foollowing public and conspicuous places, a copy of Ordinance Number(s) which were adopted at the City Council meeting of ~~Z. / ap0 with a copy(s) of said Ordinance(s) being hereto attached and by reference made part hereof, on the day of C , 20_. 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Signature of Person who Performed Po g Subscribed and sworn (ems) before me this day of .s;. OFFICIAL SEAT. Signature of otar Public for Oregon F , JILL M BYARS Y NOTARY PUBLIC - OREOOM COMMISSION NO. 427990 MY COM~AISSION EXPIRES JUNE 14, 201$ L• ledmbelhyVonnstposl ordinance 2000.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08- /-5- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00006 TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION 45 4fnC_1L),'rj0 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 Topic 10 by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 14; and WHEREAS, the Tigard Planning Commission held a public hearing on August 18, 2008; and WHEREAS, the Tigard Planning Commission held a public hearing, which was noticed in accordance with City standards, on October 6, 2008, and recommended approval of the proposed CPA 2008- 00006 by motion and with unanimous vote; and WHEREAS, on October 14, 2008, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2008- 00006; and WHEREAS, on October 14, 2008, the Tigard City Council adopted CPA 2008-00006 by motion, as amended, pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2008-00006 is based on the findings and conclusions found in the City of Tigard staff report dated September 19, 2008, and the associated record, which are incorporated herein by reference and are contained in land-use file CPA 2008-00006. 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 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. -7 06 ORDINANCE No. 08- / Clch ► b)- Page 1 of 2 PASSED: By ~'1(,11~1i ►~')OU~S vote of all Council members present after being read by number and title only, this day of GUO k29AL , 2008. Catherine Wheatley, City Recorder H, APPROVED: By Tigard City Council this day of _ )2008. Craig-' ksen, Mayor Approved as to form: A I/ji Attorney 10 • /y- O~ ORDINANCE No. 08- Page 2 of 2 EXHIBIT A C r F. 14 4 1 :l r ~i 11111 C I I1,111111 f o f. ~ t 4' t 1 Urbanization 'To provide for an orderly and f cient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growtb boundaries, to ensure efficient use of land, and to provide for livable communities " 19 11 „ ; V it URBANIZATION ADOPTED AMENDMENTS DATE CPA# CHANGES 00/00/00 CPA2008-000OX San velessit lam euipit, se molum iureetue do euiscip ero diadncinibh ea commy nullamc onsequam dolobor am, sequatem venisi. 1 City of Tigard Comprehensive Plan o ,r o URBANIZATION A significant challenge faced by many communities is how to manage A Tigard a growth, particularly the transition from rural to urban land uses, or redevelopment to moves more intense land uses. As Tigard moves into future, the City the future, the City must manage growth for the benefit of its citizens and businesses. The must • . City must ensure that growth decisions result in high-quality development, protect natural growth resources, provide services in a coordinated bene and logical manner, and are fiscally sound. fit of its The thoughtful planning of growth will citizens and help to accommodate future population and 1 employment, while addressing the community's businesses. desire for a high quality of life. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitinent to coor- dinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. is y~. kt KIWILVNE F URBANIZATION `To provide for an orderh, and eff dent transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure e~dent use of land, and to piotude for livable communities. " One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Comprehensive Plan City of Tigard 14-1 URBANIZATION Metro's management of the UGB is regulated through Tide 11 of the Metropolitan Urban Growth Management Functional Plan (UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives (RUGGO), are part of the Regional Fraraenvork Plan (1997). The Regional Framework Plan includes Metro's 2040 Growth Concept (1995), which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation, including accommodating Metro's 2040 Growth Concept. Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Portland, Lake Oswego, Durham, Tualatin, and King City, while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part, reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts, and those located within Tigard such as parks, library, emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorpo- rated urban level development are the primary issues facing the City's growth management decisions. There are few large, vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelop- ment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB. As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with 14-2 City of Tigard Comprehensive Plan e P URBANIZATION agencies/districts that provide services within ps~ Tigard Urban Services Area (TUSA). The agree- "Washington ment outlines the role, provision, area, and planning/coordination responsibilities ' for service Count.- is providers operating with the TUSA. The TUSA is important to the City, particularly the planning collaborating and coordinating with special districts, because with Metro it helps the City to ensure the best services are provided to its citizens. The Agreement was last jurisdictions updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, identify which coincides with the UPA. t; urban and The City put forward a plan to annex the uniin- rural reserves corporated Bull Mountain area of the TUSA to 1 voters in 2004. City of Tigard residents over-that will 4. whelmingly passed the measure, but residents in i dictate i the area to be annexed soundly defeated it, thus leaving the status quo. Then in 2006 an incorpo- , , , ration effort took place to form the City of Bull Mountain and was again turned down by voters. future UGB The issue of unincorporated urban level develop- " merit gets more complex as Washington County master plans areas 63 and 64 without answering -:z the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Until areas 63 and 64 can be included within a city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. Additionally, Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expan- sions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the Comprehensive Plan City of Tigard 14-3 URBANIZATION City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. KEY FINDINGS: ■ Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. ■ The Re* nal Urban Growth Goals and Oljeclaves are intended to result in more ,gio compact urban growth. ■ The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. ■ Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County. ■ Unless current state law and county policies change, it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. • The provision and financing of services to areas 63 and 64 is a major growth management question for the City. ■ The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. ■ The citizens of Tigard are concerned about growth and its impact upon the community's natural resources, existing development, and public services. GOAL: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. POLICIES: 14-4 City of Tigard Comprehensive Plan URBANIZATION 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovermnental agreement regarding water provision within the Tigard Water Service Area. 2. The City shall maintain, and amend when necessary, agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new service district, or expan- sion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict; and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. RECOMMENDED ACTION MEASURES- i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. Comprehensive Plan City of Tigard 14-5 r URBANIZATION ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincor- porated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. V. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans With Washington County, service districts and other service providers within the Tigard Urban Services Area. GOAL: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorpo- rated properties. POLICIES: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 14-6 City of Tigard Comprehensive Plan URBANI7.,ATION 4. The Clty shall evaluate and may F - tthat parcels adjacent to V proposed annexations be included to: A. avoid creating unincorporated i5 y/ 6 aD~~ ~F islands within the City; m e. f1 e B. enable public se.rcTiccs to be e ffi- rt, Y r rCA cicntly and effectively extended to 1 igoul the entire area; or t r~Yd X a ~ ~.t yy p J C. implement a concept plan or ,a I n cc p r1 / sub-area master plan that has 1*Y ' l7[ / yl C)q -p been approved by the Planning A~~Pys~v"~t t =a , Commission or City Council.' r r The City shall maintain its right: to d annex property as allowed by state statute. 6 The City shall periodically update and/or amend its Public Facility Plan ,Ct ttrlPJtiln,Q to ensure the predictable and logical w provision of urban services for areas anticipated to be within the'I'igard city limits. Rf COMN1END.ED ACTION MEASURES: i. Periodicaflv review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a Positive dialog with unin- corporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives, as appropriate., to encourage owners of unincorporated properties to annex to the City. Comprehensive Plan Cin of "ITigard 14_7 r URBANIZATION iv. Develop criteria and procedures to encourage and, when necessary, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. GOAL: 14.3. Promote Tigard citizens' interests in urban growth boundary expansion and other regional and state growth management decision. POLICIES: 1. The City shall support regional and state growth management decisions, while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form, prevent future unincorporated urban development, and prevent urban sprawl. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban areas. RECOMMENDED ACTION MEASURES: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the Urban. Growth Boundary. 14-8 Cityof Tigard Comprehensive Plan URBANIZATION iii. Encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County, its cities, Metro, and others to address: A. public service equity issues associated with unincorporated urban development; and B. prevent blight conditions associated with underserved urban development. V. Take an active role in discussions relating to state and regional efforts to develop equitable ways to fund public infrastruc- ture needed to better provide for existing needs and support projected employment and population growth. Comprehensive Plan Cityof Tigard 14-9 10. URBANIZATION Thp Urbanization goal is knpwtant because it develops a fFaFReWgFk within whinh all devele ment a4votoe6 have to be GOOFdinated, and at integrate6 and balaRGP-6; all of the other available InRd The uFbanization goal a169 Fequires an alle-p-afinan of land fnr annernmodation of uFban expansion dwing €indi+9s The Gity of Tigard grew from 5,302 people in 4970 to 44,286 people in 4980 (Gensus 49 1980 ) I II Gity pFed*GtS that T-*gaFd Will GgRtinue to gFew to FnaFe than double GUFFent ri ic P. ame*atieR6. The Gity 16FR*tr. have expaRded by approximately 4.4 squaFe miles sinn-a- 1 -979, to pFesent r%ize A.11 lands mAthmn the Tigard WFban Plannong Area as well as the Gity I=im*tG have been designated fGF UFban land "sps and are wholly with * n the Portland Metropolitan A rA;; I 1rhan (Zrn;A4h BoundaFy. a'Feady developed to wban ORtP__RF_;4iP_F.; I.A.611 he made available for whan uses via an Urban the Gity and subsequent development pFepesa!6 by the PFOpeFty owners. sePV;Ger. WhiGh must be available at the time of developmeRt. City of Tigard 7 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 GRY's as well as that of eastem Washington Gounty; FnajoF sewage rystem 6*nGe 1970. pur-Ghase their vo-ater from PeFtland, Lake Oswego and otheF 6eume6. . . . . %inq and annexation wa6 adopted On 1983. The WeRt of this agFeement is W The Gity has made a rsi§n4iGaRt effort the pa6t tO manage the 'AGAtiOR Rd type Of grGV4h-, I Dill,--vcrvi€o i0A.4 PRIOR TO THR ANNEXATION OF LAND TO THE QP~ OF TIGARD-- TH€ GIN SHl166 R€Va€W-E.ACH OF THR F01 I QUI G SERVICES -TO ADEQUATE rte, PAGI V nD €6IGH €€RVIG€€ T9 ORFE MADE AVAILABLE, To S-FE°"~-THF-= PARGE6 IF D€V€LQP€D T9 THIE-MOST -INTENSE I'S .^LLOW€D*, AND-WILL Nf~T~16~J1€I - 1-Y RP-D"w€-TH€ LEVEI OF €€RVIG€€ AVAILARl€ TGb€V€6b1P €-D AND UNDEWELOPED LAND WITHIN! THE GITY-()F= TIG-AR^~TkIFM S-;F-:€S ,°.D;=: 1. 1AAT€R; 2. €E-WgR; 3. DRAIhIA G- E- City of Tigard 8 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 4. ST-R€€-T& a. POLIG€; AND 6. FIRE RO.. E N. r b. IF REQUIRED BY AN ADQPT-r=D CAPITAL IMPROVEMPITS PROGRAM '412i;Z16ANIT- &41" SIGN AND WCOPID WITH THE FOLLOWING; T-149 FORMATIO-IS' OR A ANY OF wnis-G SERVICES THAT- GOULD 13E PROVIDED OF THE F=01 I OWING- a) WATERT b) SEWER; G) DRAINAGE; AND d) STREET-S. ecoVnrEm DISTRICT FOR ANY OF TH€ !!€OVE SERVIGES. .A.R-D 4-16t~;- PIANNING- :A~~4 iii 3441~ RiA4-6~61 BOUNDARY' ANNEXATIO RA SED FINDINGS UNINCORPORATED TERRITOR., Q. b. THE ANNEXATION WILL NOT CREATE AN IRREGI-11 AR -R()I INDARY THAT d. THE LAND 19 LOGATED WITHIN THE TIGARID UR13AN P64NNING AREA AND GOINIFORA (Rev. QFd. 84 21) City of Tigard 9 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 DnI S-RAMR A GE AGENCY (USA) LINES EXCEPT; RCCnI RI-jRh-4=F=0 TO THE CITY; OR PERTIES HAS BEEN SIGNED AND REGORIDED WITH WASHINGTON s ~Wu-r€RE TH€ PP LIG 131E STATE OR GO I^ITV HPAI TH AGENCY WAS 10.2.2 IN ADDITION TO T-Hr-n RROI 11REMENTS OF-POLIGY 19.2.1, THE EXTENSION OF ~4r--P~ BELOWTHE Rr=Ql REAS WITHIN THE GITY10.2.2 AS A -PREECONDITIGN TO TMFM APPROVAL OF TWFi EXTENSION OF SERVICES OUTSIDE THE GITY LIMITS, THE-G4Y SHALL HAVE THE RIGHT OF REVIEW FOR ~~4~i-A-R-D--WR-BAN PLANNING AREA (REFER hICE-TIGARD'S URBAN W ANNIN THAT nCVCI OPMEnIT IN" 1 nI/lT• R PRCf 1 I MF= THF= CI IPTUC R DMG- eDAAI=nIT OF TI-II= PROPERTIES TO I-IRRAN DENSITIES AND STANDARDS, OR k- DRF=r-I ' IDF= THE SUBSEQUENT DEVR none PROPERTICC THIS REVIEW( SHAI LINGII IDE THE FOLLOWING FAQTQRS AS SET FORTH IN HE e. LAND I ICC• nCnICITV• DL AGEMENT OF C Io1R1=C ON TI-IC CITC• d CTRCCT AI I(`nln ENT-i AND A- DRAINAGE. IAAPI CMCAITAT.- CTRA EGIC Within the City Limits. GeFsprehensive Plan. City of Tigard 10 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 agreement with the WashiRgten County. The agreement shall assure that a. WFban development inside T-*gaFd WFban Planning AFea (T.W.P.A.) will be eAGOUFag annex to the City of T-*gaFd-. neighberhead Reeds have been Gempleted aRd adopted by the Qty. R . The Qty shall pFev*de a Gapital *FnpFgveFReRt plaR (GIP) that will PFOMOte the developme making body on a matteF of mutual GonGeff',. to the need6 ef both the GRy and County. POLICIES in.v. ~ THE 3 A THE CITY SHALL GONSIDER ANNEXATION REQUESTS OUT-SIDE THE TIGARD o~~r ~ vcn wrcr c rrr~ CONSISTRNIT WITH oni 1CIR .-.I AND IAr.' AND AMENDMENT 8F ~E vvr oro c •~r c~crvr -rz - AGREEMENT BETWEEN THE= CITY AND THE GQLJ ITY 4o.3.2 THE CITY HALL DISCOURAGE EXPANSION OF THE TIGARD URBAN DI ANNING AREA IN A MANNER WHICH WOULD RESULT W AN IRREGULAR PLANNING ARFA AND INEFFICIENT PROVISION GF PUBLIC FACILITIES AND SERVIGES City of Tigard 11 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 COMMUNITY SPAPERS 6605 SE Lake Road, Portland, OR 97222 • PO Box 370 • Beaverton, OR 97075 , Phone: 503-684-0360 Fax: 503-620-3433 Email: legals@commnewspapers.com NOTICE TO INTERESTED"-PERSONS PUBLIC HEARING ITEM: " AFFIDAVIT OF PUBLICATION The following will be considered by the Tigard City Council on. State of Oregon, County of Washington, SS Tuesday, October 14,-2008 at 7:45 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd, Tigard, Oregon. 1, Charlotte Allsop, being the first duly sworn, Public oral or written testimony is invited. The Public hearing ; depose and say that I am the Accounting „ on this matter will be held.under Title 18 and rules of Manager of The Times (serving Tigard, procedure adopted by the Council and available at City Hall or Tualatin & Sherwood), a newspaper of the rules of procedure. set forth in Section 18.390.060.E. general circulation, published at Beaverton, Eurtherinforma'tionmaybeobtained from theCity ofTigardPlanning. in the aforesaid county and state, as defined Division (Staff 'contact:' Darren Wyss) at. 13125 SW Hall Blvd.; by ORS 193.010 and 193.020, that Tigard, Oregon 97223 or by calling 503-639-4171. City of Tigard COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006'- Notice of Public Hearing Tigard Comprehensive Plan Update of Statewide Planning Goal TT11206 14: Urbanization- REQUEST: To amend the current Comprehensive Plan Topic 10: A copy of which is hereto annexed, was Urbanization by updating the goals, policies and recommended published in the entire issue of said action measures to reflect current community conditions and i newspaper for values. The complete text' of the proposed Amendment can be i viewed on the City's website-at http://www.iigard-or.gov/code=. Successive and consecutive weeks in the amendments: LOCATION: Citywide. ZONE: All City Zoning following issues Districts. APPLICABLE REVIEW CRITERIA: Community ..t September 25, 2008 Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use'Planning; Parks, Recreation, Trails, and Open Space; PublicTacilities and Services; i r, _ Transportation; and Urbanization; Metro Functional Plan Title 11; Ckw . Lok and" Statewide Planning Goals.], 21 8.11 12, and 14. . Publish.- _ _ Charlotte Allsop (Accounting Maihager) -_7 Subscribed and sworn to before me this September 25, 2008 +.3FFICIAL SEAL a A. BURGESS .~;::ii Pt1BLIC-OREGON /10 - L?!v MiSSION NO. 390701 NOTARY PUBLI FOR OR N #MYMMMISSiGN EXPRES MAY 16,2009 My commission expires Acct #10093001 Attn: Doreen Laughlin City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Size: 2 x 4.5 Amount Due 75.15 'remit to address above City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 Mayor's Summary Report on the Transportation Vision Committee Draft Report to the Governor , . Background As you know, I was appointed to the Governor's Transportation Vision Committee. Due to the meeting schedules, it has been difficult for me to be active on the committee, but I have been monitoring the Committee's progress. Last week the Committee released its draft report to the Governor. The overall Committee was broken into three work groups, each tasked with exploring a different area: Governance, Public Awareness, and Vision. Additionally, the Governor outlined five core principles to guide the recommendation: economic development, local decision-making, sustainability, transparency and oversight, and statewide distribution. The Committee used the findings from the Oregon Transportation Plan (OTP) adopted by the Oregon Transportation Commission in 2006 to define Oregon's transportation needs by 2030. Those findings include: • Freight traffic will increase by 80% • Oregon's population will increase by 41% • Fuel taxes are anticipated to lose 40% of their purchasing power • A $1.3 billion annual gap between current expenditures and "Feasibility Needs" Recommendations The Committee's recommendations include changes to administrative rules, legislative actions, and funding sources and levels. Chapter one lists several aspirational goals to create "The foundation for a new, sustainable approach to transportation". These include: 1) Creating dedicated funding for non-highway investments, necessitated by constitutional requirements that traditional funding sources be limited to highway projects. 2) Seeking ways to reduce discretionary vehicle miles traveled - I personally find this reference disturbing and heavy-handed. It basically references the state attempting to modify people's behavior and transportation choices through restrictive and potentially punitive policies. 3) Implementing "least cost planning", a concept that analyzes the actions needed to increase capacity while at the same time analyzing the actions needed to decrease demand 4) The creation of a Transportation Utility Commission with authority to implement a new transportation strategy in partnership with state and local transportation agencies Phone: 503.639.4171 . Fax: 503.684.7297 www.tigard-or.gov . TTY Relay: 503.684.2772 Chapter two identifies "Immediate actions for an evolving transportation system". These are largely administrative changes to increase the efficiency of the transportation improvement process: 1) "Improve program delivery through Intergovernmental Agreements", i.e. through shared resources and collaborative efforts. 2) "Review city, county and state transportation capabilities to rationalize ownership and management" to determine if specific roads and streets are the responsibility of the appropriate agencies. 3) "Streamline the transportation development process", to reduce costs and shorten development timelines. 4) "Evaluate transportation decision-making in metropolitan regions" to create greater uniformity in the processes used across the state. 5) "Expand the use of local option registration fees" to give local jurisdictions increased ability to raise revenue in the face of diminished traditional means. 6) "Relax legal constraints on facility co-location" to increase efficiency 7) Expand the Transportation Options Program to help reduce vehicle miles traveled 8) Implement variable registration fees/congestion pricing 9) Promote new vehicle and fuel technologies 10) "Create logistical hubs for rail freight" to encourage the use of and increase the efficiency of our rail system 11) "Support `pay as you drive' auto insurance". This would help encourage people to drive less miles by offering cost savings on insurance. Chapter three lists "Transitional Investment Strategies: Proposals to preserve the existing system and invest wisely during transition". These are a list of proposals to provide additional funding for roads, bridges, and multi-modal forms, and recommended expenditures: 1) Increase registration fee by $27 to $81 per year 2) Increase title fee $55 to $110 3) New first time title fee 4) 2 cent fuel tax increase 5) 7% lottery revenue to multi-modal 6) 5 cent cigarette tax increase for multi-modal 7) Allocate all federal Surface Transportation Program money to transit It also recommends a change in the allocation of the additional highway revenue to 50% state, 30% county, and 20% city (an improvement for cities over the existing allocation) The chapter then goes into some detail regarding how such funds should be allocated. Chapter four is "Transitional Concepts: Areas identified for further action and exploration". This chapter makes several recommendations to make management and operation of the system more efficient and better align resources with jurisdictional responsibilities. Many of the suggested changes actually address several issues that the Tigard council has identified as problematic with the existing system: Mayor's Summary Report on the Transportation Vision Committee Draft Report to the Governor 2 1) Develop a new state funding allocation formula. Identifies the illogic of the existing distribution system and recommends a new ` jurisdictionally blind" formula. 2) Review ODOT project selection criteria. The draft goes into considerable detail in recommending replacement criteria. 3) Establish more realistic Transportation System Plan expectations 4) Develop new highway design investment criteria 5) Expand the use of SDCs. This suggestion includes possibly expanding the scope of impacts that can be addressed by SDC, and including local government feedback in developing a concept. 6) Redirect traffic fine revenue. This addresses the fact the traffic fine revenue currently is directed to the court system instead of law enforcement 7) Streamline processes. Reducing costs by changing federal requirements for transportation project processes. This would require legislative or at least administrative changes at the federal level. Chapter five is a list of transition recommendations divided into two categories: Legislative Actions, and Administrative Actions. This is largely a summary of items already mentioned above. Conclusions: The draft report is a result the collaborative efforts of appointed individuals from a broad base of backgrounds, chosen by the Governor or at least by his staff, based on the Governor's policy guidance. The report includes conclusions and recommendations that, based on recent Tigard City Council discussion, are not necessarily in alignment with council priorities and wishes. However, it does identify and address several areas that we find problematic that, if acted upon by the Governor and the legislature would result in some positive changes that would benefit the City. It should also be remembered that this is a draft, and is still subject to comment and change. While I hope this summary is of help to the rest of council, I would recommend each of you, to the extent of your interest, review the entire report and make note of any comment or suggestion you may have. The Council may want to consider crafting a response, though we would need to discuss the relative merits of any action. Craig E. Dirksen Mayor City of Tigard Mayor's Summary Report on the Transportation Vision Committee Draft Report to the Governor 3 Appendices Appendix A: Maintenance and Safety Funding List Each goal includes a list of specific projects, with tentative costs Goal: ensure safe winter driving conditions - $5 Million Goal: take care of what we have - $30 Million Appendix B: Pavement Preservation Pavement preservation program supplement - $15 Million Urban pavement preservation program supplement - $5 Million - 99W through Tigard is included on this list Appendix C: Bridge Funding List - $13 Million Appendix D: Culverts, Slides and Rock falls Funding List - $182,139,000 Appendix E: Highway Operations and Intelligent Transportation Systems Investment List Projects to make statewide highway systems work better or more efficiently - $60 Million Appendix F: Modernization Funding List - $15.4 - Billion, of which $10 - $11.8 Billion are in Region 1. Specific projects in or that directly impact Tigard include the 99W - I-5 connector, Ramp improvements on OR 217, and a I-5 South Corridor Plan Appendix G: County Distribution Lists An estimated annual distribution of proposed revenues, $149.7 Million total, based on vehicle registrations. Washington County's proposed share is $16,736,000 or 11.2% Appendix H: City Distribution Lists An estimated annual distribution, $99.8 Million total, based on population. Tigard's proposed share is $1,787,000 or 1.8%. Mayor's Summary Report on the Transportation Vision Committee Draft Report to the Governor 4 l Cc ~C%5C~c55; 6~ sfuo~ S-pssi ~ City of Tigard City Center Advisory Commission Research Report on Downtown Associations in Oregon September 18, 2008 Prepared by Subcommittee on Leadership Capacity in Downtown Members: Alexander Craghead Thomas Murphy Elise Shearer 1 City of Tigard / Downtown Associations in Oregon... 2 CONTENTS Executive Summary 3 Research Questions 4 Needs Assessment 5 Leland's Context 8 Comparable Cities 10 Different Models 15 URD Only Models 19 Web Solutions 20 Failures 21 Appendix 22 Bibliography & Acknowledgments 25 City of Tigard / Downtown Associations in Oregon... 3 EXECUTIVE SUMMARY In 2007, the City of Tigard hired the Leland Consulting Group to assist in the creation of a strategy for implementing revitalization in its downtown core. In the resulting Downtown Strategy, Leland recommends the creation of a downtown organization aimed at fostering private sector leadership. This recommendation was forwarded by the City Council to the City Center Advisory Commission (CCAC), with the charge of deterring if the recommendation should be implemented, and if so how. The CCAC has been concerned with the complexity of such an effort, and created a subcommittee in May of 2008 to investigate the issues surrounding the establishment of or support of a downtown association. This document was created by that subcommittee to assist the CCAC in making a recommendation on this subject. What this document is not is a recommendation regarding the establishment or support of a downtown organization. It provides no recommendation, and puts forth no specific opinion in favor of or in opposition to downtown associations. Summary of Findings Downtown Tigard is a diverse environment with many interests and little community. This makes communication between stakeholders and the city, as well between the stakeholders and other stakeholders difficult. It also means that a coordinated vision of the future of downtown does not now exist amongst staekholders. The Leland Group made a recommendation of supporting an association partly in response to such concerns. Additional concerns included providing a forum independent of the city government for advocacy and conflict resolution, as well as a venue for the private sector to demonstrate their support of downtown revitalization. While leland strongly favors an association, no specific form or timeline for such an organization was advocated, except that such groups sometimes take time to formulate. A number of comparable cities exist within the state. In examining them, there is no clear route that is chosen more than others; in short there are multiple ways of achieving revitalization goals. Some cities have chosen to participate in established, traditional forms, such as the National Trust's Main Street program, while others have chosen to create their own, innovative programs tailored to their specific needs. In very few cases did associations have a direct impact on urban renewal efforts, however, by their nature they are often positioned well to undertake routine efforts such as promotion, maintenance, advocacy, business outreach, and other "soft" skills that cities without economic development departments general lack. Failure is common in such associations, and is usually the result of a lack of broad leadership (reliance on one or too few individuals), a lack of vision or purpose, and a lack of stable funding. Funding levels seem less important than funding stability. Conclusion The creation or support of a downtown association in Tigard would be a challenging effort. Making matters more complex is the high degree of failure rates that these associations experience, along with the broad path of options available. One important fact to note is that regardless of whether the city chooses to take a traditional role, or a more innovative path, there are other cities in the state with similar experiences and with whom the city would likely be able to share knowledge for mutual benefit. City of Tigard / Downtown Associations in Oregon... 4 RESEARCH QUESTIONS At the May 14 meeting of the CCAC, the subcommittee was tasked with researching leadership capacity within downtown Tigard. At the subcommittee's May 21 2008 meeting, seven research questions were developed based on the questions raised by the CCAC, as well as on further discussion within the subcommittee. They are as follows: 1.) Needs assessment. What are the needs of the downtown property owner, business owners, and residents within downtown Tigard that are currently not being filled by the city? Also the reverse: what are the needs of the city downtown that are not currently being addressed by downtown business and property owners? 2.) Leland's Context. What is Leland's broader context for providing a recommendation that the city support financing an association at this juncture? 3.) Comparable Cities. What are "comparable" cities doing in their downtowns; was an association involved in those efforts, and if so how? 4.) Different Models. What are some different models of associations? How do they work, &c? 5.) URD only models. What are other cities (of any size/make-up) doing that have urban renewal but do not have an association? 6.) Web solutions. How many associations utilize web-based solutions, and how? 7.) Failures. What are some examples of cities with associations that failed, and what are the reasons for such failures? Y City of Tigard / Downtown Associations in Oregon... 5 NEEDS ASSESSMENT Research Question: What are the needs of the downtown property owner, business owners, and residents within downtown Tigard that are currently not being filled by the city? Also the reverse: what are the needs of the city downtown that are not currently being addressed by downtown business and property owners? Downtown Survey 2004. In Spring of 2004, the City conducted a citywide survey regarding Downtown Tigard. This survey took the form of a single sheet of 8.5x11 inch paper that combined a multiple choice section, a scaleable answer section, and an open-ended question section. Its focus was to determine how often and why people visit downtown, as well as their impressions of it. Also on each survey sheet was a check box interface asking if the respondent was a downtown property or business owner. Surveys were distributed at the Tigard Farmer's Market, the library, selected downtown businesses, at Tigard Chamber of Commerce meetings, and through the City's newsletter, the Cityscape. Survey data was utilized during the formation of the Tigard Downtown Improvement Plan. Of the 563 returned surveys, 22 came from individuals who identified themselves as either a property owner in downtown, a business owner downtown, or a combination of both. Of these 22, three were duplicates, making 20 unique respondents from the area. Four (4) respondents indicated that the area needed more housing or offices in order to stimulate economic activity. Generally these sorts of projects come as a result of city regulations (zoning, design standards), city incentives (tax breaks, grants, subsidized property sales), and private sector interest. Associations usually do not have a role in such projects, although they could provide promotion and developer outreach that could lead to deals. Another four (4) respondents identified parking, traffic, and pedestrian access as key areas that need improvement in downtown. These are capital projects that are usually undertaken by a government or an urban renewal agency, rather than an association. Eight (8) respondents mentioned business mix as a primary concern. Typical requests came for small specialty retailers, bakeries, coffee shops, and the like. Business recruitment is usually a task handled by private property owners on a property by property basis, or by third party nonprofits such as business or merchants associations. One respondent utilized the survey as an opportunity to state his opposition to the City's plans and his belief that the survey was a total waste of time. Another respondent mentioned opposition to any plan that included tax breaks. City of Tigard GIS Data / 2008 The City Center Urban Renewal District consists of 193.71 acres, divided up into 183 parcels, and hosting approximately 308 businesses. According to records of business licenses issued in the URD, of the 308 businesses in place at present, less than half (144) are registered with ownership shown as Tigard locations. Of these, most show the same location as the place of business. Of the remainder of the businesses in the URD, about half show owners registered at addresses in the Portland metropolitan area, while the remaining half show as being registered out of state. City of Tigard / Downtown Associations in Oregon... 6 Of the 308 businesses registered in the URD, a little over a third (116) are retail in nature. The bulk of businesses registered in the downtown core are service based or are professional offices. Retail Uses. There are 116 retail type uses in the URD. These are defined as businesses where a storefront is essential to business, and thus includes barbers, salons, and showrooms as well as traditional retail stores, but does not include medical offices or the like. Most retail uses are concentrated in the Hall/99W region (58), with another large concentration located along Main Street (35). Notably there are no registered retail businesses in the Burnham district. However, in both areas, retail uses are outweighed by non-retail uses, with the most striking example being Main where the ratio of non-retail to retail begins to approach 2-to-1. Ownership of retail tends to be primarily locally registered, with 27 out of 35 being "local" on Main Street, and 40 out of 58 registered as "local" in the Hall/99W region. Non-Retail Uses. There are 192 non-retail uses in the URD. These are defined as businesses of any type that do not require a storefront presence. This includes a span from automotive repair to industrial manufacturing to offices to professionally managed apartments. Non-retail uses are fairly evenly spread across the URD. There are 49 non-retail uses on Main Street, 66 non-retail uses in the Burnham district, and 57 non-retail uses in the Hall/99W region. In the Burnham district non-retail uses are the only licensed businesses on record. In the Hall/99W region, they take nearly equal weight with retail uses (57 non-retail to 58 retail uses), while on Main Street they outnumber retail uses (49 vs. 35). Ownership of non-retail uses tends to be primarily registered as local. On Main Street, 41 out of 49 are "local"; in the Burnham district, 46 out of 66 are "local", and in the Hall/99W region, 41 out of 57 are "local". Employment Downtown. Of the 308 registered businesses downtown, only 23 have ten or more employees. The largest employer is Magno-Humphries, a manufacturer of vitamins and dietary supplements, with 97 employees. The second and third highest are Luke-Dorf Inc, a healthcare related firm with 74 employees, and Russ Chevrolet with 70 employees. Limitations. This data is imperfect. In some cases, beauty salons (counted here as retail uses) have multiple business licenses, one for each practitioner. Also, some duplications were noted in the data, which was obtained from the City of Tigard's Geographic Information System (GIS), most likely attributed to one business going out of business, and another taking it's place within a short time span. Most of these discrepancies were in retail uses. Also, some businesses may be operating either without a business license, or using a license listed at a location outside the URD. Lastly, this survey of business license data only paints part of the picture, as it does not address ownership of property, only of businesses and tenants. Summary. Three notable facts stand out: Most businesses in the URD are not retail. Non-retail uses outnumber retail uses even on Main Street. There is a significant geographic split. Burnham is entirely without retail businesses, and is oriented towards auto repair and construction. Main Street is primarily non-retail uses mostly professional offices with retail coming in second. Hall/99W, with its high visibility, has the highest concentration of business activity, and is evenly split between retail and non-retail uses There are few big employers downtown. Most employers have fewer than ten employees. Small City of Tigard / Downtown Associations in Oregon... 7 offices are typical of employment downtown. Downtown Strategy Existing Conditions In an appendix of the Downtown Strategy, the Leland Group include a summary of existing conditions in downtown Tigard. Among their findings are: Low overall improvement to land value ratio. The current value of commercial land in the URD was estimated to be between $20 and $24 per square foot in 2007 dollars. This reflects "substandard" conditions. As a result rates of rent are low, generally $12 to $18 per square foot, which is too low to attract developers. Broad land use mix. Leland identified Burnham as primarily industrial in nature, with Main and the Hall/99W region being the primary commercial areas. Large lot locations. Most lots over one acre in size are located either in the Burnham district or in the Hall/99W region. These areas would be most attractive to developers. Downtown Strategy Developer Interviews In order to assemble the Strategy, Leland Consulting Group interviewed a group of developers in the Portland area, asking for input on redevelopment in the URD. A summary of these interviews was attached to the Strategy as Appendix B. Among the mentioned items were: Business mix. A series of business types were mentioned as being needed in the URD, including specialty grocers and other high quality and specialty retailers. Property owner engagement. It was recommended that the property owners need to be engaged by the City to discuss alternative means of redeveloping sites that will bring profit to existing owners while benefitting the community. Downtown ombudsman. It was suggested that the City have a key individual whose sole role is communicating with downtown business and property owners with a goal of championing retenanting or improving businesses. City of Tigard / Downtown Associations in Oregon... 8 LELAND'S CONTEXT Research Question: What is Leland's broader context for providing a recommendation that the city support financing an association at this juncture? Development Strategy for Downtown Tigard, Oregon ("Leland Report") Funding and support of a downtown focused association was identified as a recommended project by the Leland Group in the Development Strategy for Downtown Tigard, Oregon, dated October 2007. Leland identifies this project as a short term, high priority project which would cost the city approximately $40,000 annually, with the primary responsibility being in the private sector (Redevelopment Strategy, p. 18). Leland suggests that such an organization would take on a leadership role to champion projects in the private sector. They further note that the existing association, the Tigard Central Business District Association, lacks both broad membership and funding, while the Tigard Chamber of Commerce lacks a focus on downtown. They advocate an association that is born from the private sector and then initially funded by the City, with an eventual goal of being completely self-funding from the private sector. This recommendation takes the form of Organizational Task 1 in the Strategy. The "Leland Memo" In late 2007, the Tigard City Council requested from Leland a list of projects that they would advise be undertaken with the first six months or first $500,000. In a memo dated 19 November, 2007, Leland replied with a series of recommendations pulled from the Strategy. Although organizational tasks such as increasing outreach are identified, Organizational Task 1 was not identified as a priority for the early implementation of the Strategy. Q&A With Leland The subcommittee forwarded to Leland a series of questions seeking greater context for their recommendations. In one of their responses, they note that a downtown association can take on projects that the city cannot complete on their own, such as marketing, outreach, and advocacy. Regarding timing, Leland notes that "the timing of forming such an organization is a consideration that Tigard will have to figure out". (Memo from Sean Farrelly to CCAC, dated 2 June 2008). Leland also stated that the City should set criteria against which to measure performance of such an organization before dispersing funds. One of the primary roles that Leland sees such an association fulfilling is an advocacy role. An association, being made up primarily of members of the private sector, can advocate for projects with the public and other staekholders to a greater degree than can staff. Leland notes that an association "could serve as a forum to work through contentious issues and to resolve differences", and also notes that they can engage in marketing and economic development activities for which the city is not as suited (Memo from Sean Farrelly to CCAC, dated 7 July 2008). City of Tigard / Downtown Associations in Oregon... 9 Additional Leland Recommendations Leland added a condensed recommendation as follows: His belief is that Downtown Tigard could really use an organization and the City should play a role in forming it. It could start with a part time director with seed money from the City. It should eventually support itself with a BID, which the City (as a major property owner) would be a part of. Early projects to focus on could be grant writing (Main Street and arts grants), developing a web site, helping to develop a parking plan, and improving city-business communication. (Memo from Sean Farrelly to CCAC, dated 7 July 2008). City of Tigard / Downtown Associations in Oregon... 10 COMPARABLE CITIES Research Question: What are "comparable" cities doing in their downtowns; was an association involved in those efforts, and if so how? Initial Comparison Factors Three factors were used to identify key cities with similarities to Tigard; population, budget, and size. Due to limitations on population number availability, data used dates to 2006/2007. In 2006, Tigard was home to 41,223 people. It has a surface area (citywide) of 10.86 square miles. Its total adopted city budget for Fiscal Year 2006/2007 was $77.7 million. Cities with similar populations Cities with similar populations to Tigard were chosen based on total populations ranging from 35,000 to 60,000 residents. This resulted in just four other cities: City 2000 Pop 2006 Pop Albany 40,852 46,610 Corvallis 49,322 53,900 Lake Oswego 35,278 36,350 Springfield 52,864 57,065 TIGARD 41,223 46,300 Of these four, two are freestanding cities (Albany and Corvallis) while the other two are suburbs (Lake Oswego to Portland, Springfield to Eugene). Albany has a significant historic district and a downtown plan crafted in the 1980s that was very ahead of its time. To accomplish their goals, the city created an Urban Renewal District (URD) of over 900 acres, including the waterfront, the traditional downtown, and large swaths of adjacent areas that are industrial or strip commercial in nature. Although significantly larger than Tigard's URD, Albany's major geographic diversity is similar in character to Tigard. Albany has a downtown association known as the Albany Downtown Association (ADA). The association concentrates just on the traditional downtown and not the entire URD. The city provides ADA with funding by allowing the association to run the city's parking meter program downtown and keep the revenue for operating expenses. The ADA also relies on funding via an Economic Improvement District (EID) that assesses properties in the traditional downtown area. This EID is a voluntary EID, meaning that individuals can opt out via remonstrance. Although there are a significant number of remonstrances the association has managed to receive significant funding from this source. Corvallis has a downtown association but no urban renewal district. Their association, like Albany's, utilizes a voluntary EID to fund their programs. The association also receives a stipend of less than $90,000 annually from the City. Currently Corvallis is seeking to create an urban renewal district that will encompass both the traditional downtown and nontraditional areas where the City hopes to expand their urban core. The Downtown Corvallis Association is a key player in advocating for urban renewal. The city gave grant money to the DCA to create a downtown plan and an urban renewal plan. Once the process begins, City of Tigard / Downtown Associations in Oregon... 11 however, it is foreseen that the DCA will step away from this role and that an advisory commission will be appointed for the URD. . Lake Oswego has a thriving urban renewal district located in their historic downtown core. Most buildings, however, are more modern in both age and character. The city does have a downtown association, the Downtown Business District Association, formed after the urban renewal plan was enacted by local businesses. They have had little to no role in the URD's redevelopment efforts, and are completely self-funded. Currently the City has been looking into the Main Street program put out by the National Trust for Historic Preservation. The City is currently leaning against participation as it feels the program is duplicative and redundant with efforts the City has already taken on. Springfield has many similarities to Tigard. Their URD is relatively new and encompasses a traditional downtown main street of 6-8 blocks long as well as light industry, strip-mall development, and a mobile home park. This creates a significant geographic diversity within the URD. Springfield did have an association until recent times, known as the Springfield Downtown Association. The SDA was formed in the late 1970s and was a strong promoter of downtown projects with a close working relationship with the City. They were dependent on a single leader, however, who succumbed to Cancer last year. As a result the association foundered and has been unable to revive itself. In addition there is a private nonprofit in Springfield known as the Springfield Renaissance Development Corporation. The SRDC is privately funded and does not focus exclusively on downtown, but has placed a lot of its projects in the downtown area. When the advisory board for the URD was created, the City was swamped with over forty applications. The City hopes to capture the enthusiasm of those applicants and get them involved in the formation of a new association of some kind. In the meanwhile, their advisory board has a strong majority representation of stakeholders within the downtown area. Cities with similar budget numbers Cities with similar budget size to Tigard were chosen based on adopted budget numbers for FY 2006/2007 between $70 million and $100 million. This resulted in seven other cities: City FY 2006/2007 Budget (Millions) Ashland $84.4 Beaverton $93.5 Corvallis $84.1 Grants Pass $97.9 McMinnville $86.7 Redmond $92.2 Tualatin $91.5 TIGARD $77.7 Of these seven, only two are suburbs (Beaverton and Tualatin, both suburbs of Portland). In addition, Corvallis also appeared on the list of cities with similar populations to Tigard. Interestingly, only three cities have urban renewal: Grants Pass, Redmond, and Tualatin. Ashland has no urban renewal and no downtown association. The City does have a historic district defined and administered by the City, and protected by a design standard developed by the City. City of Tigard / Downtown Associations in Oregon... 12 Beaverton has no urban renewal and no downtown association. There used to be an association but it became inactive five or more years ago, and most promotional work that it used to do is now undertaken by the Beaverton Chamber of Commerce. Corvallis was described in the section above dealing with cities with similar populations to Tigard. Grants Pass has an urban renewal district but it is scheduled to sunset within the next few years. The City considers it to be successful and is considering starting another. There is no active downtown association, instead the City contracts with the local Chamber of Commerce to provide outreach and soft services. McMinnville has no urban renewal but has a strong downtown association. They receive the bulk of their funding through an EID and an associated Business Improvement District. The City also provides a small stipend of approximately $15,000 annually to the association. Redmond has urban renewal and has a young downtown association. At present the City is attempting to determine a role and a funding level for the association, which is fully funded by the City at this time. The association recently made a request for a five-year, $500,000 stipend from the City to be used primarily for overhead and for organizational development. City staff are proposing a significantly lower number over a shorter three-year period and are requesting the association spend more time on events to get shoppers to return to the downtown. Tualatin has an urban renewal district encompassing its downtown. It does not, however, have an association, nor does it have a citizens advisory group for the URD. Cities with similar citywide size Cities with similar surface area size to Tigard were chosen based on a surface area between 8 and 12 square miles. This number was pulled from the 2000 U.S. Census, the most recent number available. This resulted in nine other cities: City Surface Area (2000) Coos Bay 10.59 Lake Oswego 10.35 McMinnville 9.9 Newport 8.88 Oregon City 8.14 Pendleton 10.05 Redmond 10.24 Roseburg 9.22 The Dalles 8.45 TIGARD 10.86 Of these nine, only two are suburbs (Lake Oswego and Oregon City, both suburbs of Portland). In addition, Lake Oswego also appeared on the list of cities with similar populations to Tigard, and McMinnville and Redmond both appeared on the list of cities with similar budget sizes to Tigard. All but two Coos Bay and McMinnville have urban renewal. Coos Bay has no urban renewal but has an association, the Coos Bay Downtown Association. CBDA is funded through dues and is stand alone from the city. Lake Oswego was discussed under cities with similar populations, above. McMinnville was discussed under cities with similar budget sizes, above. City of Tigard / Downtown Associations in Oregon... 13 Newport had an urban renewal district that included part of downtown, called the North District. This URD sunsetted recently and the City is now only paying down debt. Newport does have an association, the City Center Newport Deco District. This association is completely self funded. Oregon City has an urban renewal district encompassing the traditional downtown as well as larger expansion areas. There also was a preexisting downtown association focused on events. Currently the City is looking at becoming involved in the Oregon Main Street Program, part of the overall program overseen by the National Trust for Historic Preservation. The City contacted the preexisting association to determine if they were interested in participating but they decided they would rather retain their autonomy and focus on events. To administer the program the City is helping to form a new nonprofit. This involved getting many stakeholders both within and adjacent to downtown to meet and get on board with the project. The bylaws of the new association are crafted to explicitly require the association to work with the URD and be a partner with the City. They also have a very carefully crafted board makeup that includes representation from the City, the Chamber of Commerce, the two largest employers citywide, and various arts, culture, and preservation interests. Representatives from the business community are to be voted on by the businesses, and property representatives are similarly voted on by area property owners. Pendleton has an urban renewal district that encompasses downtown plus expansion areas. They did have a merchants association but it faltered many years ago. Redmond was discussed under cities with similar budget sizes, above. Roseburg has an urban renewal district that encompasses its downtown as well as various expansion areas, including the airport. There are also two separate business associations within the URD, the Roseburg Town Center Association, and the Downtown Business Association. Neither receives funding from the City. The Dalles has urban renewal encompassing downtown and other areas. They also have an association, the Downtown Business Association. DBA is freestanding and receives no City funding. Overview In the cities listed above, when both a URD and an association are present, in very few cases did the associations provide any meaningful impact on urban renewal efforts. It is only Corvallis that stands out as an example where the association had a direct hand in the formation or implementation of urban renewal. Cities with successful and established downtowns such as Ashland and Lake Oswego have weak or nonexistent downtown associations, but so too did cities with unfocused downtown efforts, such as Beaverton. Common to these cities is a reliance on capital investment and centralized control. Cities actively pursuing the establishment of an association tended to be cities with significant difficulties in achieving redevelopment goals, such as Oregon City and Springfield, or cities with very young programs, such as Springfield (again) and Redmond. McMinnville has a very strong downtown program that takes the lead in downtown matters. This seems to be an aberration, with most programs being either weak and freestanding, or a smaller scope partner in a URD, such as with Albany. City of Tigard / Downtown Associations in Oregon... 14 Key example cities to watch Albany. Although larger by many times than Tigard's efforts, Albany has a similar land use mix within its URD and is focusing on similar.URD goals. Their association focuses just on the smaller traditional downtown rather than the entire URD. Springfield. Similar in population to Tigard, Springfield hosts a URD with a similar land use split, including the concentration of the traditional downtown on a single, 6-8 block long strip within the URD. Springfield's URD is also a fairly new one, and they are dealing with many of the same outreach challenges. Oregon City. Similar in physical size to Tigard, Oregon City has an older URD which has experienced many challenges over the years. To achieve goals, the City is establishing a new association that is broad based, with a carefully composed board of directors aimed at ensuring high quality and cooperation between all parties. Although the historic character of Oregon City is not evident to any great extent in Tigard, their approach to achieving downtown leadership goals has application to Tigard's fractured status. City of Tigard / Downtown Associations in Oregon... 15 DIFFERENT MODELS Research Question: What are some different models of associations? How do they work? Association Roles. Downtown associations perform a variety of roles, but generally most take on economic development functions for their districts. As Catherine Corner, Economic Development Director for the City of Canby puts it, an association "can tackle projects that aren't capital projects. You can't use urban renewal funds for promotion or maintenance." Canby, which currently has an urban renewal district but no downtown association, is considering the establishment of an association to help with these non- capital projects. One way of looking at it is that while a URD can invest in building things over a long period of time, associations are seen as a way of taking care of day-to-day tasks. "Urban renewal is focused on larger economic restructuring and major projects," says Oregon City's Christina Robertson-Gardiner. "Urban renewal has the power of the purse, but the association is more advocacy." In his white paper, Mead outlines a typical "ideal" association: The most logical and effective structure is that of a Board of Directors and a dedicated Association paid staff person. The Board would have at least one city staff liaison position. The Board, association and city staff and other stakeholders/members create a vision, goals, and an implementation strategy and associated tasks.... (Mead, 2008). According to the web site for the National Trust for Historic Preservation, most programs nationwide are less than a decade old (63%), affiliated with a statewide program (90%), and organized as a 501c3 (61%), with the next most common organization method being the form of a government agency (17.4%). Nationally, most programs receive public sector funding via grants or general fund expenditures from their local municipalities, (38% and 42% respectively), as well as private sector funding, mostly from memberships, sponsorships, and events. Nationwide, relatively few (16%) utilize special taxation districts. Baker City & McMinnville. Advocates of downtown associations in Oregon frequently point to Baker City and McMinnville as examples of the strengths of the model. While both cities do indeed have strong associations, research has shown that these cities are the exception and not the norm. Both cities are county seats of non-urban counties with populations between 10,000 and 25,000. Neither city has an urban renewal program. Additionally, both Baker City and McMinnville have a strong tourism market, with the former being in the middle of major recreational opportunities, and the latter being in the middle of Oregon's "wine country". Both cities also have strong historic downtowns consisting of multiple blocks of large vintage structures. Both began their downtown programs decades ago to combat a plague of empty storefronts and vacant buildings. Sadly, research shows that the typical association in Oregon is a standalone association with weak power, little membership, and poor funding, focused on the occasional public event. City of Tigard / Downtown Associations in Oregon... 16 Funding Associations. Downtown associations achieve their funding in a variety of ways. Most are self-funded, either through memberships and donations, or through assessment programs such as Economic Improvement Districts. Very few receive direct funding from their municipal governments. The predominant form of funding for associations in Oregon is the Economic Improvement District (EID). This is a form of assessment similar to a tax, assessed against properties within a defined district. Ids are usually administered by the local municipality, however, the program is usually instigated by the association. Ids can be made voluntary allowing a property owner to opt out if he/she feels the program will not benefit them or involuntary, where all properties in the district must pay if the EID survives passage. Adoption of an EID usually consists of an EID proposal being made by an association to their local municipality. The municipality then handles the paperwork for formation, and notifies the land owners within the proposed district of the assessment and gives them the option of declining, known as remonstrance. If property owners representing up to or in excess of 33% of the proposed assessed value remonstrate, the EID can not be implemented. Surprisingly, very few associations are using involuntary Ids, and those using voluntary Ids have reported respectable compliance levels. Another funding method similar to the EID is the Business Improvement District. This is a form of assessment similar to a business license tax, assessed against businesses within a defined district. BIDS are usually administered by the local municipality, however, the program is usually instigated by the association. BIDs can be made voluntary allowing a property owner to opt out if he/she feels the program will not benefit them or involuntary, where all properties in the district must pay if the BID survives passage. Adoption of BIDs usually consists of an BID proposal being made by an association to their local municipality. The municipality then handles the paperwork for formation, and notifies the business owners within the proposed district of the assessment and gives them the option of declining, known as remonstrance. If business owners representing up to or in excess of 33% of the proposed businesses in the district remonstrate, the BID can not be implemented. The BID seems to be a less popular funding choice, perhaps due to the lower dollar amount that is usually assessed by them. Initial research seems to indicate that few associations are using both EID and BIDs together. Some cities provide direct stipends to their associations. Oregon City, Albany, Hillsboro, and Corvallis all provide direct funding, but in almost every case officials from the local governments described this funding as "a small stipend", usually ranging between $10,000 and $50,000 annually. Currently, Redmond is considering a request from their association for a 5-year, $500,000 stipend. In some cases, the local municipality provides funding assistance to their associations through indirect means. As an example, Albany allows their association to implement a parking meter program and retain the profits for their operations. In Grants Pass, the city contracts out visitor information and tourism services as well as the administration of a downtown historic district program to its local Chamber of Commerce. Hillsboro has created a Local Improvement District (LID) to fund capital projects that support the vision of their downtown association. Many associations receive no stable funding source, relying on memberships and/or donations to continue operations. Such groups rarely can afford to hire a staff person, and most of their funds tend to go towards public events. In most of these cases, the association either had no working relationship with their local municipality, or had a history of conflicts with the municipality. None of these methods provide significant funding. In most cases, the funding raised is just enough to cover the costs of association staffing, overhead, and events. Major programs including storefront grant programs tend to be paid for through the local municipality. City of Tigard / Downtown Associations in Oregon... 17 Membership & Business Associations vs. Downtown Associations. Membership, as mentioned above, is sometimes relied upon as a funding source for downtown associations. It should be noted that this is the primary role of membership in such organizations. Business associations and downtown associations or downtown organizations are not the same. Unlike a business association, downtown associations exist to represent geographic areas, not just their members. Although the ability to vote or hold office in the organization is typically tied to membership, most municipalities will expect that a downtown association will represent the interest of their entire downtown, not only their paid members. The term "business association" and "downtown association" should not be used as if they are interchangeable, due to this fundamental difference. Main Street Programs. Associations are welcome to join the Main Street program from the National Trust for Historic Preservation (NTHP). This program is aimed towards downtowns with a strongly historic character that have need of both physical and economic improvement. This program provides benefits such as technical assistance and training. In exchange, the program requires extensive record keeping that must be submitted to the NTHP, who use it to monitor the performance of the nations downtowns as well as use it as support for advocacy with national policymakers. The program consists of the so-called "four points" approach. These four principles are considered absolutely required by the NTHP, and consist of organization, promotion, design, and economic restructuring. Baker City's Don Chance notes that their historic district had been very successful in partnering with the city and disbursing grant money to renovate the city's downtown. Many of the structures in the area were empty or derelict when the district began its efforts more than twenty years ago. In Oregon, the program is currently administered by the Oregon Economic & Community Development Department (OECDD). The program had a good track record of many years, but fell victim to budget cuts in the late 1990s. Governor Kulongoski's 2007-2009 budget has provided money to reestablish the program. The reaction of various cities in the state has been mixed. While some cities are embracing the new program, others.-- such as Lake Oswego are choosing not to. Partly this is due to the fairly rigid structure of the national program, and its focus on historic matters. The Oregon program, however, is somewhat more flexible. Program coordinator Gary Van Huffel indicated that he is open to modifying the state's program to meet the needs of individual communities. Although cities with a modified program would likely not meet the requirements of the full national program, they would still enjoy certain advocacy and support benefits with the state. Oregon City's highly tailored version of the Main Street program mentioned earlier is an example of such a modification. With many towns lacking a surviving historic center, as well as some cities (such as Damascus) starting from scratch, such flexibility will be needed. Leland on Other Models. Leland notes that there are numerous other models besides the Main Street program. Other models include public/private economic development associations. Another idea that was suggested was to include the 99W corridor businesses in a broader organization, as this would allow pooling of resources. (Memo from Sean Farrelly to CCAC, dated 7 July 2008). City of Tigard / Downtown Associations in Oregon... 18 Additional Models of Note A number of cities both in and outside of the region are notable examples of differing approaches and may warrant further investigation. The following list includes links to profiles for these cities, for further reading: Holland, MI: Main Street/Downtown Development Authority http://www mainstreet org/content aspx?page=6075&section=3&kbentry=1700 New Bern, NC: Swiss Bear, Inc. http://www, mmain street. org/content aspx?page=7132&section=3&kbentry=1706 Pittsburgh, PA: Pittsburgh Cultural Trust http://www mostlivable org/paying-for-it/pittsbur-qh-cultural-trust html St. Paul, MN: Lowertown http://www.mostlivable.org/leadership/lowertown.html http://www.lowertown.org/ Sonoma, CA: Sonoma County Business Environmental Alliance http://www mostlivable org/paving-for-it/sonoma-county-business-environmental-alliance.htmi http://www.sonoma-county.or /c bea/ Winston-Salem, NC: Winston-Salem Alliance http://www livable com/prrgms model/leadership/Winton Salem html City of Tigard / Downtown Associations in Oregon... 19 URD ONLY MODELS Research Question: What are other cities (of any size/make-up) doing that have urban renewal but do not have an association? URD Without Associations. A number of cities utilize urban renewal programs to enhance their downtowns without using a downtown association component. These towns tended to be small and rural, as in Brookings, Coquille, and Pendleton or suburban, as in Canby, Keizer, and Tualatin. In interviews with members of city staff in these communities, each city had a strong urban renewal program, or had a strong economic development department. A significant financial commitment towards infrastructure from the city was a common feature of these models. When a city did have both urban renewal and a downtown association, there was rarely any coordination between the association and the city. Few Oregon associations receive funding from their local municipalities, and many were described by city staff as being "in existence" but "not doing much"; rarely was an association described as a vital or highly active partner. Regarding the use of urban renewal and downtown associations, Don Chance, planning director at the City of Baker City had some interesting comments. He mentioned that, in retrospect, they wish they had not gone the historic downtown association route, and had instead concentrated on urban renewal. According to Chance, there are a number of streets within downtown that are adjacent to the historic district but not included within it. The city is considering the use of Urban Renewal to finance and revitalize these streets. Said Chance: "we've been wondering if we had just included all this in one urban renewal district years ago rather than going the historic district route if we could have just done all this under one umbrella". Non-URD, Capital Intensive Programs. Some cities have neither an association nor urban renewal, but still have a financial commitment to their infrastructure or to historic preservation efforts. In Beaverton's case, the city has invested significant funds into their downtown through direct expenditure, without using urban renewal; this is the result of a city charter that forbids the use of urban renewal financing. (Currently there is an effort to rewrite or remove this provision.) At the opposite end of the spectrum is Ashland, which has no urban renewal and which has concentrated on historic preservation. In Ashland's situation, the historic preservation program is coordinated entirely "in house" at the city in a topdown approach. City of Tigard / Downtown Associations in Oregon... 20 WEB SOLUTIONS Research Question: How many associations utilize web-based solutions, and how? General Comments. As a general statement, most associations have some form of web presence, but rarely do these presences go beyond a simple web site. There are many different web-based tools such as e-mail lists and online forums that would be available to an association, but their use does not seem common at this time. Further research into this subject would be of use to an existing or prospective association, however, such research was precluded due to a shortage of time for this report. City of Tigard / Downtown Associations in Oregon... 21 FAILURES Research Question: What are some examples of cities with associations that failed, and what are the reasons for such failures? Typical Failures. Over the course of this research, it is undeniable that more associations in Oregon have experienced or are experiencing failure than are not. As a clarification, such failure tended to be defined as: • Inadequate funding to continue operations • Inadequate membership • Lack of leadership from more than one individual within the association • Lack of leadership in general in the association • Lack of association vision or purpose • Poor organization Such features are typical of most associations in the state. Only a very few associations have remained strong enough to avoid such failures. They have tended to be associations in historic, stand-alone cities such as Baker, McMinnville, or Albany. The most common problem encountered surrounded leadership issues. Springfield, for example, had a strong association, but it was built around the leadership of a single individual. When that individual passed away, the association failed. Sometimes, leadership failure occurs when personalities become stronger than issues. In Grants Pass, for example, personal conflicts came between the leadership of the association and members of city staff, disagreements that were not resolved until there were personnel changes on both sides. Leland on Association Leadership. Leland echoes these concerns, noting that leadership along with funding are crucial to maintaining an association's health. Leland points out as an example Bellingham, Washington. "The City provided seed money for a couple of years, but after that was phased out there was no stable funding, since a BID was never formed. There was early committed leadership, but when that person left, the organization declined." Leland further notes that there needs to be not just a single individual, but a pool of people capable of providing leadership (Memo from Sean Farrelly to CCAC, dated 7 July 2008). This sentiment is echoed by Oregon City, whose efforts to create a very broad- based board of directors is an attempt to engineer an environment that will promote a healthy spectrum of leadership. City of Tigard / Downtown Associations in Oregon... 22 APPENDIX The following are summaries taken from Main street renewal: A handbook for citizens and public officials. This book is an extremely valuable resource, and cannot posibly be sumarized in only three pages, however, the following material stood out as particularly relevant to this fact-finding mission. Ten Myths of Downtown Revitalization Myth Reality 1. Build it and they will come! (Physical Need a market analysis & business plan improvement approach). implemented by newly formed partnership of city hall and businesses. 2. Demolish it and they will come! (Clean it up Building preservation combined with intensive approach). business recruitment does attract developers. 3. Complete a major project and they will Sucess requires multi-faceted effort come! (Build in isolation approach). addressing all of downtown's key issues. 4. Need a department store to anchor the Redefine anchors as government complexes, downtown! (Traditional anchor approach). cultural/entertainment facilities, tourist draws, housing units, specialty retail, office buildings. 5. If there is no department store, then no Specialty retail works. Bringing pedestrians retail of any kind can flourish. (Big retail or downtown requires a mix of services, retail, no retail approach). and dining/entertainment facilities that adress needs of customers. 6. Competition is bad business. (Head in the Sucessful commerical districts have similar & sand approach). compatible businesses in groupings (clusters such as antique stores, furniture, clothing, auot, personal services, professional services, etc....) 7. Downtown must keep uniform business Not advantageous to retailers as hours hours. (Lets pretend we're a mall should be "market driven" to serve needs of approach). targeted customers. Shift to different hours rather than keep longer hours. 8. Be lenient or developers won't do business Developers will do business in communities with us. that demand quality projets as their investments are protected. 9. Be tough as possible or developers will Unreasonably stringent & demanding take advantage of us. communities cause developers to locate projects elsewhere. 10. If we had more parking, they would come! Successful businesses found you need to (Scapegoat approach). provide what the customer wants (special products, great service, unique atmosphere) in order to get customers to come downtown and use the parking. City of Tigard / Downtown Associations in Oregon... 23 Seven Secrets of Success • Form partnerships among businesses, with the public sector, civic organizations, and community residents. • Have a defined clear vision of where you want to go shared by all in body. • Be market driven! Who are your customers, potential customers, & what do they want today and what will they want tomorrow? Provide for them! • Create & use a business Plan! City could help businesses to develop business plans (as well as the commissioned body having a written visionary plan) with 5, 10 & 20 outlooks. • Dare to be different. Carve a market niche in the marketplace, so you don't compete with malls and descanters. • Focus! Concentrate resources in well-defined focus areas as resources are scarce. Results will become more visible quickly. What resources are already available for you to share? See #1. • Follow the "5 M's" Management of downtown should be like a business. Marketing campaigns for downtown Maintenance of private and public property Market knowledge to create niche Money for ongoing enhancement Lessons from Birmingham The following are key points from the Birmingham, Alabama "Beacon" project: • Revitalize active merchant's associations • Reduce blight caused by existing businesses and vacant space • Preserve the historic character of the neighborhoods • Recruit new tenants that enhance the quality of the neighborhoods and promote cohesiveness • Encourage development transactions within the districts • Assist entrepreneurs in opening local businesses • Receive, buy and develop key properties For more information on the Beacon project, see: http://www.livable.com/prcims model/place/BEACON Initiative html http://www.mainstreetbham.orci/ City of Tigard / Downtown Associations in Oregon... 24 Goals & Vision Some possible goals for an association might include: • Vision - 5, 10 & 20 year plans • Economic Stability • Use Current Business Management & Research Techniques • Strategic Economic Development to build solid foundation • Sound Priorities: a) quality jobs b) quality education c) economic development d) housing The larger question is, how does Tigard see its downtown as relating to local, state, national, and international economies? As shown by the needs analysis section of this report, non-retail uses are predominate in the URD. In the global economy of the 21st century, many of these companies do business not just locally. but regionally, nationally, and beyond. What are their needs and how might downtown Tigard be relevant to them? One of the factors that town centers use to compete for business is the "quality of life" factor. This is especially true of areas where housing is a key aspect of the downtown mix. Quality of life, however, has many definitions. Nationally, the term is usually defined as a loop that starts with jobs and economic development, linked to quality education, which then links back to jobs. In the Pacific Northwest, quality of life is usually seen as a trifecta of housing, education, and employment. A key goal of an association in downtown Tigard might be to define what quality of life means for this specific place. Such a definition might include housing, access to healthcare, culture & cultural amenities, the environment, and transportation. City of Tigard / Downtown Associations in Oregon... 25 BIBLIOGRAPHY Farrelly, S., City of Tigard. memo to City Center Advisory Commission dated June 2, 2008. Farrelly, S., City of Tigard, memo to City Center Advisory Commission dated July 7, 2008. Kemp, R. Main street renewal: A handbook for citizens and public officials (2nd ed.). Jefferson, North Carolina: McFarland & Company, 2006. Leland Consulting Group. (October, 2007). Development Strategy for Downtown Tigard. Marcus Mead / City of Tigard. (April, 2008). Summary of Research on Downtown Associations: Structure, Funding, Effectiveness. National Trust for Historic Preservation Main Street Program (Web site), Retrieved from http://www.mainstreet.org/ Oregon Department of Revenue. (April, 2007). Oregon property tax statistics: Fiscal year 2006-2007. Population Research Center, Portland State University. (December 15, 2006). PRC Certified Cities. State of Oregon. Oregon Blue Book Online (Web Site). Retrieved from ham://bluebook.state.or.us/ U.S. Census Bureau. (2000). Oregon place GCT-PH1. Population, housing units, area, and density: 2000. Washington, D.C. Zahas, C., Leland Consulting Group. Letter to Tigard City Council, dated November 19, 2007/ ACKNOWLEDGMENTS Many people helped in the creation of this report. it is not possible to thank them all, but the following individuals should be acknowledged for their contributions: Jacki Yoder, Oregon Economic Development Department Arthur Fish, OEDD Linda Ludwig, League of Oregon Cities Stephanie Foley, LOC Gary Van Huffel, OEDD Don Chance, City of Baker City Catherine Comer, City of Canby Sean Farrelly, City of Tigard Courtney Griesel, City of Springfield Christina Robertson-Gardiner, City of Oregon City Chris Zahas, Leland Consulting Group -ecowr)~F 2 (d Peope+,ps -C~,sc. Tigard Brownfields s Y r' T! co,nmen ial Pa~x~%` k , Properties c- R s ~cl 1Horl PiLrnbbtg > ti~ , y sr.. ADDRESS: 12360 SW MAIN ST 200 ~ ADDRESS: 9171 SW BURNHAM ST :r 5t. ` Of- r ` N+' "YAW "'~"j . - _ ADDRESS: 9180 SW BURNHAM ST ~~`Y r RYaht S tr2et Park ~ r tom". r ~•ls J': - s 1. ADDRESS: 9020 SW BURNHAM S.T Fanno CreeR Pant y qgh Sbcet Dog Park r , 4 s r` .7 AL J,r 'r . r. : °✓ta.~`~ :,54. NORTH a. Map printed at 08-0Ct-08 01:57 PM A ` r • K~ 1n * DATA IS DEWED FROM M TPLE SOURCES THE CRY it / S{ OF TK3MD MNtE9 NO WARRANTY. REPRESENTATION OR GUAAAITEE AS To THE CONTENT. ACGNtACY. AAS~SUSIE S• ' s~-: , ' •t,f yi ® R1 OFTtC III THE UASINTY FOR ANY KFOR ERIORS. W T oOPROVIRW~ED i INA:CIRTKR ED REGARDLESS INFORIM OF HOW CJYISED. City of I Tigard lwtA+T1';' 1321S OF Hall cl Tigar BIYd • O= ' J 'l4fy r ~Vt.' 4 2 'Y ! ~1R, I~. " t S.t . a TI .63 9'7723 0 71 •A~` ` ' ' `t3.. i i F"'' l _ ~}t_. .!J Rwi.,e.tpardo,.9DY AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: October 14, 2008 (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 orparticipate in City of Tigardpublic meetings will be included in the meeting minutes, which is apublic 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 Tigard High School 9000 SW Durham Rd. Tigard, OR 97224 Student Representative: Alexa Kanbergs 1. Academics • Parent Teacher Conferences will be held October 16th and 17th • Academic Awards Night will be held the 22nd of October to honor all students who received a 4.0 last semester. 2. Athletics • The varsity football team played against Forest Grove last week and won 49-6 • The varsity girl's soccer team played Tualatin High School two weeks ago and won 1-0. • The boy's varsity soccer team also played Tualatin two weeks ago winning 1-0. 3. Arts • The drama department is preparing their fall play "A Mid Summers Night Dream" 4. Activities • The Tigard High School Homecoming Parade took place Thursday at 5:00pm on Durham Rd., and Barry Albertson was the Grand Marshall. • Tigard High varsity boy's football team played Newberg High School and won. • The Homecoming Dance took place Friday at 11:00pm in the cafeteria. 1- 4 MEMORANDUM i TO: Honorable Mayor & City Council Agenda Item No. -3 . For Agenda of October 14, 2008 FROM: Cathy Wheatley, City Recorder RE: Three-Month Council Meeting Calendar DATE: October 7, 2008 Regularly scheduled Council meetings are marked with an asterisk October 7 Tuesday Budget Committee Meeting, 6:30 p.m., Library 2nd Floor Conference Room 14" Tuesday Council Business Meeting - 6:30 pm, Town Hall 21" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 28" Tuesday Council Business Meeting - 6:30 pin, Town Hall November 11" Tuesday Council Business Meeting Cancelled (Veterans Day Holiday) 18* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 25" Tuesday Council Business Meeting - 6:30 pm, Town Hall (Meeting might be cancelled) December 9" Tuesday Council Business Meeting - 6:30 pm, Town Hall 16" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 23" Tuesday Council Business Meeting - 6:30 pm, Town Hall 30 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium I:\ADM\Qty Council\3-month calendar for 081014cc mtg.doc . Tigard City Council Tentative Agenda 2008 Agenda g Item No. of / q / y 12 Meeting Date: October 14, 2008 Meeting Date: October 21, 2008 Meeting Date: October 28, 2008 Meeting Type/Time: Business/ 6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: September 30, 2008 Materials Due @ 5: October 7, 2008 Materials Due @ 5: October 14, 2008 Study Session - Time Sched. 25 min. - 20 Avail. CCAC - DT Organizational Leadership-Phil - 10 min. Workshop Agenda Study Session - Time Sched. 45 min. - 0 Avail. Discussion on Brownfield Coalition - Phil - 10 min. Joint Meeting with Park and Rec. Advisory Discuss Establishing a Transp. Advisory Comm.- Ron B.-10 min. Discuss Lower Fanno Creek Park Contract-Phil -5 min Board - PW - SI - 30 min. Discuss Amending Fuel Tax Ordinance to Extend Collection Consent Agenda Joint Meeting with Planning Commission - CD - Period - Gus D. - 10 min. Membership in Brownfields Coalition-Phil. -RES 45 min. - SI Discuss Approach to Revising IWB Member Agree. -Dennis-10 min. LCRB-Award Contract for City Facility Landscaping Re-evaluation of the Street Maintenance Fee Exec. Session - Current Litigation or Litigation Likely - Dennis K. Rate - Gus - 30 min.- PPT to be Filed - Dennis K. - 15 min. LCRB - Award Contract for Construction Docs., Bid, Discussion of a Proposed Trespass and Consent Agenda Permits/Const. Svcs. - Lower Fanno Ck Park - Phil Exclusion Ordinance to Establish General Rules LCRB - Award Contract for Senior Center Garden LCRB-Award Contract forTree Planting Services of Conduct on City Property - Chief D. 30 min. Room Const. - Dennis K. for Various Projects - Todd P./Joe B. WES Week Activities Update - Lisa O. and Tom C. Adopt Oregon ID Theft and Fair & Accurate Credit Consider First Restated Intergovernmental Coop. PPT - 15 min. Transactions Procedures Policy - Nadine & Cathy W. Agreement Creating Willamette River Water Coali- Receive Report on Progress of the Washington tion - Dennis K. County Urbanization Forum and Potential Business Meeting Establish a CAC to Guide Preparation of Urban Choices for Tigard - Ron B./Craig P. - 30 min. Chamber of Commerce Rep. - 10 min. Forestry Master Plan - Todd P. - RES QJPH - Cach Annexation - ZCA 2008-00003) - BA #09-04 Receiving Fed Grant Funds & Make Gary P. - ORD - 15 min. Appropriations for Tigard Turns the Tide -Tom I. PH - Finalize Sanitary Sewer Reim. Dist. # 38 BA #09-05 Receive Fed Funds - Make Approp. for Fairhaven St. - PPT - Gus. D. 15 min. - RES SafeSchools/Healthy Students Grant - Chief D. Public Hearing - Comp Plan Amendment - Intro- Business Meeting duction and Definitions - Darren W. - 30 min. THS Student Envoy - 10 min. Amend Ord. No. 06-21 (Local Fuel Tax) to Extend Public Hearing - Comp Plan Amendment - Goal 14 Period of Collection - Gus. D. - PPT-ORD - 30 min. Urbanization - Darren W. - 55 min. Approve a Trespass and Exclusion Ordinance to Comp Plan Workshop - Introduction and Establish General Rules of Conduct on City Definitions - Darren W. - 55 min Property - Chief D. - 10 min. Consider Resolution for Increased 3rd Quarter Goal Update - Craig P. - 15 min. -SI Responsibilities/Stipend for Mayor-Liz-20 min. -RES NO MORE ITEMS WILL BE ACCEPTED Time Avail: 120 min. - Time Scheduled: 140 min. Time Avail: 180 min. - Time Scheduled: 180 min. Time Avail: 120 min. - Time Scheduled: 125 min. Time Left: -20 min. Time Left: 0 min. Time Left: -5 min. Page 1 of 4 10/7/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: OCTOBER TBA Meeting Date: November 11, 2008 Meeting Date: November 18, 2008 Meeting Type/Time: Joint w/TTSD Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: TBA Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: Materials Due @ 5: October 28, 2008 Materials Due @ 5: November 4, 2008 Special Meeting Study Session - Time Sched. Workshop Agenda Annual Joint Meeting w/Tree Board - Todd P. - 30 min. Discussion of Facilities Master Plan - Dennis K. - 30 min. Downtown Urban Design Vision Refinement: Consent Agenda Presentation of Final Document - Sean F. 30 min. - PPT Discussion on Highway 99W, Urbanization and Transit Issues - Ron B./Mike M. - 30 min. Proposed Commercial Area Sewer Reimbursement Business Meeting District in the Tigard Triangle - Gus D. - 15 min. NOTE - MEETING IS CANCELLED DUE TO VETERANS DAY HOLIDAY Time Avail: 180 min. - Time Scheduled: 135 min. Time Left: 45 min. Page 2 of 4 10/7/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: November 25, 2008 Meeting Date: December 9, 2008 Meeting Date: December 16, 2008 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: November 11, 2008 Materials Due @ 5: November 25, 2008 Materials Due @ 5: December 2, 2008 Study Session - Time Sched. 20 min. - 25 Avail. Study Session - Time Sched. 35 min. - 10 Avail. Workshop Discuss Repealing TMC Chapter 2.09 re Bldg. City Attorney Review - SI - Admin. - 30 min. Appeals Board - Brian B. - 10 min. Appoint Rep. to 2-year IWB Term-5 min. Exec. Session - Real Property Acquisition -Phil N. & Gus D. - 10 min. Consent Agenda Consent Agenda Planning Commission Appointments - Dick B. RES City Center Advisory Commission Appointments Phil N. - RES Business Meeting Business Meeting Chamber of Commerce Rep.- 10 min. THS Student Envoy - 10 min. QJPH - Tri-County Shopping Center Significant Wetland Map Amendment - Gary P. - 15 min. -ORD Youth Advisory Council Update -S Huiras - 20 min Approve Ordinance Repealing TMC Chapter 2.09 re Bldg. Appeals Board - Brian B. - 15 min. - ORD Time Avail: 120 min. - Time Scheduled: 60 min. Time Avail: 120 min. - Time Scheduled: 10 min. Time Avail: 180 min. - Time Scheduled: 0 min. Time Left: 60 min. Time Left: 110 min. Time Left: 180 min. Page 3 of 4 10/7/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: December 23, 2008 Meeting Date: December 30, 2008 Meeting Date: January 13, 2009 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Fifth Tuesday 7-9 Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: PW Auditorium Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: December 9, 2008 Materials Due @ Materials Due @ 5: December 30, 2008 Study Session - Time Sched. 0 min. - 45 Avail. Study Session 6:00 - Council Photos Consent Agenda Consent Agenda Business Meeting Business Meeting Chamber of Commerce Rep. - 10 min. State of the City Address - Mayor Dirksen - 10 min, THS Student Envoy - 10 min. MEETING MAY BE CANCELLED. Time Avail: 120 min. - Time Scheduled: 10 min. Time Avail: 120 min. - Time Scheduled: 20 min. Time Left: 110 min. Time Left: 100 min. Page 4 of 4 10/7/2008 1 Agenda Item No. a C, Meeting of. I 4,1~}j FIFTH TUESDAY MINUTES - SEPTEMBER 30, 2008 City of Tigard Public Works Building, 8777 SW Burnham St, Tigard OR 7:00 p.m. Present: Mayor Dirksen, Councilors Buehner, Wilson, Sherwood and Woodruff Facilitator: Basil Christopher Staff: Carol Krager Citizens on Sign-up Sheet: Steve Yurecko, Fred Ban, Stephanie Fekete, Javier Sanchez, Kaitlin Jaensch, Kristen Tabor, Charles & Julia Hajduk, Jim Parsons, Christopher Zoucha and Dave Bacon 1. Tree Mitigation Issue - McDonald Woods Steve Yurecko said he was a developer for the Windridge Homes Subdivision, McDonald Woods. He gave Council copies of Tigard Community Development Code Chapter 18.70 (Tree Removal) and his Notice of Decision, dated June 7, 2005. He said they are having difficulty with getting their refund. He outlined steps the developers have taken to meet their initial tree mitigation plan and said the City's arborist changed the rules mid-process. Councilor Wilson said they need to find out who their planner is, as that staff person is the one to interpret the development code, not the arborist. Mayor Dirksen said the Community Development Director will be notified that they'll be contacting them 2. Safer Biking in Tigard Kristin Tabor, 12355 SW James, Tigard spoke about the lack of bike lanes in the Fowler Middle School area. She said the unsafe conditions for bicyclists on Walnut and Former Streets are unacceptable. Mayor Dirksen noted that many Tigard streets were platted in the days before sidewalks and bike lanes were required. He said the City is aware of problems and looks for opportunities to address them. Both Walnut Street and 121St are on the short list to get improvements. He said one option is for neighborhoods to create their own Local Improvement Districts (LID) through the City to raise funds to make improvements in their areas. He noted that citizens can go on-line to view the City's Community Investment Program (CIP) which lists street projects. Ms. Tabor commented that it seemed the City was proud about the traffic congestion based on information posted on the City's website. Council said recent materials, including traffic "trading cards" were produced to draw attention to Tigard's traffic problems and get the notice of ODOT, Metro and legislators. Ms. Tabor asked if the future improvements to Burnham Street would include bike lanes. Mayor Dirksen said there would not be bike lanes because the speed limit on Burnham is only 25 mph and there are wide sidewalks. He said bicyclists will be encouraged to take the improved Fanno Creek Trail which runs parallel to Burnham Fifth Tuesday Meeting Minutes FINAL - September 30, 2008 1 Safety concerns were raised about the Fanno Creek Trail (between Main Street and Hall Boulevard) including criminal activities and the condition of the path. It was suggested that Tigard police patrol the area on bikes. A teenager said the Fanno Creek path substrate is acceptable for mountain bikes but can compromise newer commuter bike tires. Council said the Fanno Creek Park Master Plan will redesign the path and surrounding area to make it safer. Facilitator Christopher said Tigard will be updating the Transportation System Plan in the near future and public comment will be sought. He urged everyone to give their input. 3. American Cancer Society Relay for Life Charles and Julia Hajduk are organizing the Tigard/Tualatin Relay for Life fundraising event for the American Cancer Society. The dates will be June 13 or 14, 2009 at a location yet to be determined. They will be speaking to different organizations in Tigard to drum up support. Teams can be formed with neighbors, co-workers and friends, etc. Council invited them to speak during the Citizen Communication portion of a regular Council meeting which will be televised. Mayor Dirksen also suggested they attend a Chamber of Commerce meeting. Facilitator Christopher suggested posting their information on the new Tigard Neighborhood websites. 4. Tigard Tree Lighting Tigard Chamber of Commerce Chief Executive Officer Christopher Zoucha requested a $1,000 contribution from the Caty for the annual Tigard tree lighting on Main Street and Highway 99W. He said the event was scheduled for December 5 but they are considering moving it to Saturday, December 6 so more people can attend. As before, Santa Claus will arrive in a fire truck and participate by "lighting" the tree. Mayor Dirksen said Council cannot make a decision on committing funds at this meeting and encouraged him to bring his request to the next City Council Business meeting. Councilor Woodruff asked the audience if they had any issues with the City paying for a Christmas activity. No concerns were voiced. Troop 419 Boy Scout Leader Dave Bacon said his troop recycles Christmas trees. Mayor Dirksen said this particular tree is a living tree. He noted however, that the City is occasionally in need of a group to do a flag ceremony and asked if Troop 419 would be interested. Troop Leader Bacon said his troop would be honored to do so and even has a bugler available, if needed. 5. Other Bike Path and Biking Issues Jim Parsons said the portion of the Fanno Creek Trail recently paved (between North Dakota and Tigard Streets) is cracking and tree roots heaving the path are still a problem. Mr. Parsons requested that "Bikes on Roadway" signs be posted on the east side of the 99W viaduct. (There are currently signs only on the west side.) Fifth Tuesday Meeting Minutes FINAL - September 30, 2008 2 A Boy Scout asked if the same signs could be put on Beef Bend Road. Council advised that the road is not within the Tigard city limits and he should call King City or Washington County. Councilor Buehner asked the scouts to remind their friends and classmates not to wear headphones when riding bikes. The meeting was adjourned at 8:05 p.m. Fifth Tuesday Meeting Minutes FINAL - September 30, 2008 3 Agenda Item # 3 Meeting Date October 14, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider the First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition C Prepared By: Dennis Koellermeier Dept Head Approval: W City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the Tigard City Council authorize the Mayor to execute the agreement? STAFF RECOMMENDATION Staff recommends the City Council authorize the Mayor to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The City of Tigard is a member of the WRWC. The coalition was formed in 1997 to preserve access to the Willamette River as a potential water source. The WRWC operates under the 2003 Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition. Over the past five years, the regional water situation has changed and the agreement has become outdated. Tigard staff worked with fellow WRWC partners to craft several minor, housekeeping-type revisions which appear the "First Restated" version of the agreement. The main revisions to the agreement are summarized as follows: ■ The number of WRWC members is changed from six to four. This reflects the voluntary departure of the City of Gladstone and the Canby Utility Board from the WRWC. The restated agreement is between the remaining four partners: Tigard, Tualatin, Sherwood, and the Tualatin Valley Water District. ■ The number of members constituting a quorum is changed from four to a majority. This change only applies to the transaction of business. Financial and new membership decisions have separate approval requirements. ■ The entity which holds the Willamette River permitted surface water rights is changed from the Tualatin Valley Water District to the WRWC. ■ The new agreement confirms the WRWC will allocate 40 cubic feet per second (cfs) of its existing water right to Tigard when Tigard abandons its 1995 Willamette River application for 40 cfs. ■ The new agreement acknowledges Sherwood's water rights and that Sherwood plans to obtain up to 20 million gallons of water per day (mgd) from the Willamette River through the Willamette River Water Treatment Plant. Sherwood will soon be constructing transmission lines to deliver this water to its service area. ■ A process was added to describe how a member might be brought into an existing project after that member initially elected not to participate. At their September 10 meeting, the Intergovernmental Water Board approved the First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition. OTHER ALTERNATIVES CONSIDERED The City Council could choose not to approve the agreement and could direct staff how to proceed in securing future water sources. CITY COUNCIL GOALS Make a decision on Tigard's long-range water source(s). In August Tigard entered into a water partnership with the City of Lake Oswego. Depending upon demand, this partnership is expected to produce enough water to supply the Tigard Water Service Area to the year 2035. In looking beyond 2035, Tigard continues to pursue additional water sources including the Willamette River via the WRWC. ATTACHMENT LIST First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition. FISCAL NOTES There are no costs associated with the approval of this agreement. FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT CREATING THE WILLAMETTE RIVER WATER COALITION THIS FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT is entered into by and between the following Members: Tualatin Valley Water District, a Domestic Water Supply District formed under Chapter 264 ("TVWD"), the City of Sherwood, a municipal corporation ("SHERWOOD"), the City of Tigard, a municipal corporation ("TIGARD") and the City of Tualatin, a municipal corporation ("TUALATIN"). RECITALS: A. WHEREAS, the Members hereto have the authority to enter into this Agreement pursuant to their respective principal acts, charters, and ORS 190.003 et sea.; and B. WHEREAS, some Members may desire to develop and use the Willamette River prior to broader application of that water throughout the metropolitan region and that the Members hereto presently or in the near future will have water supply needs that could be met by the Willamette River and it may be the most economic, efficient, and available source; and C. WHEREAS, these Members created the Willamette River Water Coalition ("WRWC") under ORS Chapter 190 to study their local water demands and jointly evaluate water quality and the use of existing permitted rights and future rights and areas of usage; and being fully advised, NOW, THEREFORE, the Members hereto agree as follows: SECTION 1. WILLAMETTE RIVER WATER COALITION 1.1 WRWC. There is hereby continued the Willamette River Water Coalition ("WRWC"). The Members of WRWC shall number four (4). The governing body of each Member shall appoint one (1) Board Representative. Each Board Representative shall have one vote. Board Representatives of WRWC shall serve at the pleasure of their respective appointing bodies. The addition of new Members shall require the consent of a two-thirds majority of existing Members. 1.2 General Powers and Duties. WRWC shall have the following powers: 1.2.1 To adopt such bylaws, rules, regulations, and policies as it deems necessary in furtherance of the purposes of this Agreement; 1.2.2 To study the best method to develop water sources on the Willamette River. Scope of work for specific tasks or projects/project governance and monetary responsibilities shall be negotiated on a case by case basis which FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMEN21:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc may be by addendum to this Agreement; 1.2.3 To perform and exercise pursuant to the Charter or principal Acts of the Members or by Section 190.003 through 190.250 of the Oregon Revised Statutes, all powers pursuant to applicable charter, ordinance, or state or federal law which are necessary to efficiently and effectively develop water sources.; 1.2.4 To receive and hold existing water rights and to develop water rights on the Willamette River, and all actions necessary to preserve and protect them, to take all action necessary to design, permit, construct and operate, maintain and replace water intakes, treatment, storage, transmission and distribution facilities, equipment, and rolling stock as agreed ("the System"); 1.2.5 To issue, sell or otherwise dispose of bonds, securities, or other forms of indebtedness, including the power to issue revenue bonds under ORS 288.805 to 288.945; 1.2.6 To sell water, adopt system development charges and engage in rate making pursuant to state and federal law as authorized by the Members; 1.2.7 To purchase, own, hold, appropriate, and condemn land, facilities, rights of way either in its own name or in the name of the individual Members hereto to develop Willamette River rights. 1.2.8 To provide support to other entities involved in efforts to improve the health of the Willamette watershed. 1.3 Duration. Subject to Section 3 of this Agreement dealing with termination or withdrawal, the duration of this Agreement shall be perpetual. 1.4 Meetings; Manner of Acting. Meetings of WRWC shall be conducted in accordance with the provisions of the Oregon Public Meeting Law, Oregon Revised Statues Section 192.610 et seq. The majority of the Board Representatives shall constitute a quorum for the transaction of business and if only a quorum is present; a majority of those present shall be necessary to decide any issue except financial matters or new membership. Any decision of WRWC seeking financing or other financial obligation, or other forms of indebtedness, shall require an affirmative vote of the governing body of each Member that will financially participate in any project. A WRWC Board Representative may bind his/her entity without governing body approval if the amount in question is within his/her delegated contracting authority. 1.5 Officers. Annually, at the beginning of each fiscal year, the Board Representatives shall elect a Chair and Vice-Chair who shall be officers of WRWC who shall serve a term of one (1) year. The WRWC Board shall also appoint a Secretary who need not be a Board Representative FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENTI:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc of WRWC who shall be responsible for WRWC's records and shall keep a record of all WRWC proceedings. Officers shall serve at the pleasure of WRWC or until their successors shall be appointed and take office. 1.6 Budgeting, Accounting, Audits. WRWC shall annually prepare a work plan and an estimate for the next fiscal year and distribute it to the Members by February 1 of each year. This work plan shall be referred to as general administrative. It is anticipated that each Member shall budget its own staff and funds for costs or provision of in-kind services as necessary. Each Member's apportioned share of the general administration expenses shall be determined by the following formula: one half of the total administrative costs for the fiscal year shall be divided evenly among the WRWC membership, the second half of the total administrative costs for the fiscal year will be divided among the WRWC membership according to their percentage share of the total number of water meters served by the Members of the WRWC as of December 31 of the preceding fiscal year. WRWC shall maintain financial reports showing its expenditures and receipts by category item for each transaction through the last working day of the preceding calendar month. If necessary, WRWC shall cause an independent audit to be performed and completed by a certified public accountant in accordance with ORS 297.405 et seg., within six (6) months following the end of each fiscal year. For subsequent projects, for improvements and facilities, each Member's apportioned share of the expenses shall be estimated and set forth in addenda to this agreement detailing the scope of work to be performed, participants and ownership, and the amounts so estimated shall be budgeted and appropriated by the participants in accordance with local budget law. SECTION 2. SURFACE WATER RIGHTS & FACILITIES. 2.1 Delegation of Powers. The functions of source management and water treatment may be performed by WRWC, pursuant to subsequent agreements authorized by the Members. Transmission and storage shall be performed by the Members using those facilities. It is the primary intent and purpose of this Agreement to allow the individual Members to develop information, participate in the study and negotiate relevant agreements regarding implementation of recommendations to design, construct, finance, own and operate facilities within their respective boundaries. WRWC may contract with any Member or other person or entity regarding performance of services. WRWC and each individual Member shall define the scope of individual Member contributions or individual efforts. 2.2 Water Right. The permitted surface water right to the Willamette River is held by WRWC (130 mgd) as WRD Permit No. 49240, (hereafter `Existing Right"). WRWC shall exclusively own and manage the resources subject to this Agreement. 2.3 Allocation of Water and Diversion Point. WRWC and its Members shall each have a duty of good faith and fair dealing with each other and commitment to reasonably allocate the Willamette River water and manage the System according to an individual Member's needs, FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMENTI:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc considering that Member's: 2.3.1 Capital contribution determined as land is acquired, facilities are constructed or cash is contributed; 2.3.2 Demand forecast for a rolling 20-year time period; 2.3.3 Other factors as agreed by separate addenda or written agreements. 2.4 Administration of Water Rights. WRWC shall have the full authority to modify, combine or abandon rights and permits and seek new sources through new permits or contracting for stored water for municipal and industrial needs as the Members approve. SECTION 3. CAPITAL CONTRIBUTIONS. 3.1 ' Assets. Without limitation, the Existing Right shall be employed in the System. Future agreements or addenda will identify other assets and how they are to be accounted for under this Agreement. 3.2 Effect of Membership. Each Member's annual contribution towards General Administration shall entitle it to Member status and each Member shall own an undivided interest in the System as reflected, which shall be adjusted by capital contributions over time as set forth in addenda or by separate written agreement. If membership status is maintained, then each Member will have the right to equity participation in the construction of new or expanded facilities as they are proposed, have an option to purchase an interest in new or expanded facilities at future times, and/or to be a wholesale customer. SECTION 4. OPERATION AND MAINTENANCE. 4.1 Generally. At such time that facilities are constructed, unless otherwise agreed in writing by the Members financially participating in the facility, the System shall be operated and maintained by WRWC. WRWC may contract with Members or others to. provide daily management of all or a portion of the System. Operation and maintenance will be determined at that time by the Members who are equity participants through subsequent agreement or addendum. SECTION 5. CONSTRUCTION OF FACILITIES. 5.1 Proposal to Construct. If any Member should desire to construct, expand or modify the System as now or hereafter configured, including the siting of a plant at one of the designated diversion points of 2.3 or at another location on the Willamette River, it shall notify WRWC and the other Members in writing of the proposed construction, expansion or modification needs ("Project"). WRWC shall have 90 days in which to determine whether to participate in the proposed Project. The notification shall include cost estimates and a reasonably detailed description of the proposed Project. The Members, within 90 days, shall notify the WRWC of their FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMENTI:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc acceptance or rejection of participation and cost shares shall be allocated. If notice of acceptance is not received within 90 days, the proposed Project shall be deemed rejected by the Members failing to respond. Once the participation in a Project is fixed, then a nonparticipating Member shall have no finther opportunity to participate unless the Participating Member(s) consent and upon such terms as they determine in their sole discretion. If there is a material change in the nature or scope of the Project, the Participating Member(s) shall notify the other nonparticipating Members specifying the changes. Within 30 days of notice, the nonparticipating Members may give notice of intent to participate or they may decline. They may also object if the changes to the original Project impair the ability of the System to serve the other Members or significantly increase the cost of usage as described in Section 5.2. Objections shall be referred to dispute resolution. 5.2 Individual Rights. Facilities constructed shall be in the name of WRWC but decision making shall be by the participating Members as set forth in a project agreement. If WRWC elects not to construct, expand or modify as proposed by an individual Member or Members, then by separate written agreement or addenda any Member or Members may proceed with the proposed Project if the Members of WRWC likely to be served by that diversion point or facility approve the technical aspects of the proposal to ensure the Project will not be inconsistent with future compatibility with individual Members' systems. If the proposal is found inconsistent or incompatible, the Member(s) may use its own water rights held outside this agreement. Under all circumstances, no such Project shall impair the ability of the System to serve the other Members or significantly increase the cost of usage to the other Members unless the Member(s) undertaking the project agrees to pay the increased unit costs to WRWC or the Members which have declined to participate in the expansion. If the Members likely to be served by the diversion point or facility do not approve use of the Existing Right, then the individual Member may use other water outside this agreement or use the termination provision of Section 7. The Members agree that absent termination, only WRWC may apply for water rights to the Willamette River. The Members recognize that SHERWOOD has acquired a five (5mgd) interest in the Willamette River Water Treatment Plant and has a current project to construct transmission facilities to deliver 20 mgd to its service territory. This current Project requires no fiuther process or approval under this Agreement, notwithstanding Section 5.1 and this section. 5.3 TIGARD. In consideration of and upon the abandonment of TIGARD's 1995 permit application to appropriate 40 cfs, the Members of WRWC hereby allocate 40 cfs of the Existing Right to TIGARD. 5.4 SHERWOOD. Five (5) mgd (7.75 cfs) of the Existing Right has been allocated for use by SHERWOOD based upon its current capacity ownership in the Willamette River Water Treatment Plant. SHERWOOD plans to obtain up to 20 mgd from the Willamette River through the Willamette River Water Treatment Plant based upon its demand forecast and is building transmission capacity to deliver 20 mgd. The Members agree that SHERWOOD's allocation of the Existing Right shall be increased to 31 cfs to equal 20 mgd. FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMEN7):\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc 5.5 Regulatory Matters. All Members served by a facility shall share proportionately in the cost if expansion or modification is necessary to meet regulatory requirements, unless subsequent agreement or addenda provides otherwise. SECTION 6. SALE OF WATER TO OTHER ENTITIES. 6.1 WRWC. The Members agree that the Willamette River water rights now existing or hereafter acquired are for regional application. The Members agree to work in good faith to accommodate other users on an ownership, wholesale, mutual aid or emergency basis. Subject to paragraph 6.2, WRWC or its Members shall have the power to sell water to other non-member entities at prices determined from time to time by WRWC. 6.2 Proceeds of Sales. The proceeds attributable to the sale of water to a non-Member entity shall be paid to WRWC. Any distribution of these proceeds shall be as the Members agree after expenses and costs of debt service, construction, operation and maintenance are met. 6.3 Transmission Line Charges. Sales to any non-Member entity which may require transmission through lines may be subject to a transmission line charge to be established by the affected Member. Charges for use of transmission lines shall be collected by WRWC from the user and paid to the Member who owns the transmission line. 6.4 Other Charges. * Other charges may be established by WRWC as necessary and agreed by the Members. SECTION 7. TERMINATION. 7.1 Notice of Election. Any Member may elect to terminate this Agreement and withdraw from WRWC by giving written notice of its desire to WRWC and other Members on or before April 1. Notwithstanding the date of notice, withdrawal shall be effective on July 1 immediately following the notice. Upon the effective date of withdrawal, unless otherwise agreed by the withdrawing Member and WRWC, that Member shall immediately cease membership in WRWC. The withdrawing Member shall continue to pay its share of, or be responsible for, any previously incurred joint debt, and shall hold harmless the remaining Members for those financial responsibilities and obligations attributable to the withdrawing Member. 7.1.1 If WRWC, after receiving the notice of termination, desires to purchase the terminating interest in the System, it shall notify the terminating Member in writing of its desire to purchase the terminating Member's interest at lesser of market value or depreciated book value. Such notice shall be given within 60 days of receipt of the notice of termination. 7.1.2 If WRWC declines, then the one or more remaining Members may give notice within 60 days after notice of WRWC's decline of that Member's FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMEN71:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc intent to purchase as provided herein. Unless otherwise agreed in writing, the purchase shall be purchased equally among the buying Members and their capital accounts shall be adjusted accordingly. 7.1.3 The price to be paid, whether determined by mutual agreement or arbitration, shall be paid to the terminating Member in full within 12 months following the date of termination set forth in the notice of intent - to terminate. If the other Member fails to pay the purchase price within 12 months of the date of termination and if the Members are unable to agree upon a mutually acceptable payment schedule, then the terminating Member shall have the right to sell its portion of the facility to any other non-Member entity approved by a majority of the governing boards or councils from the remaining Members. 7.1.4 In the event that the WRWC or the remaining Members fail to purchase the interest of the terminating Member within the 12-month period, or in the event the WRWC or the remaining Member(s) decline to purchase its interest, then the terminating Member's rights and duties shall be those specified in this Agreement until a sale is made to some other entity or some other mutually agreeable disposition is made and the original non-Member shall remain responsible for all terms and conditions of this Agreement. 7.1.5 Notwithstanding anything to the contrary, because TVWD contributed the Existing Right, no withdrawing Member shall be compensated for the value of the Existing Right except TVWD. If TVWD decides to withdraw from WRWC, it may: a) leave the entire Existing Right with WRWC and WRWC shall purchase the right as appraised along with the entities' other assets. However, 40 cfs shall not be valued as part of this appraisal and purchased because it is allocated to TIGARD in consideration of and upon TIGARD'S relinquishment of its 1995 permit application, and 31 cfs (20mgd) of SHERWOOD's allocated ownership of capacity at the Willamette River Water Treatment Plant shall not be valued as part of this appraisal and 'purchased because it is allocated to SHERWOOD to fulfill SHERWOOD's expectation that 20 mgd of its demand will come from the Willamette River Source; or b) leave the allocated portion of the Existing Right which will be valued and purchased by WRWC and take the unused remainder back to its sole ownership. However, 40 cfs shall not be valued as part of this appraisal and shall be included in the portion left in WRWC as it is allocated to TIGARD in consideration of and upon TIGARD's relinquishment of the 1995 permit application and 31 cfs FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMENTI:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc (20 mgd) Willamette River Water Treatment Plantshall not be valued as part of this appraisal and purchased because it is allocated to SHERWOOD to fulfill SHERWOOD's expectation that 20 mgd of its demand will come from the Willamette River Source; c) TVWD may leave the Existing Right to WRWC without compensation. 7.1.6 The Members agree that TIGARD shall have a firm right to 40 cfs of the Existing Right in consideration of and upon its abandonment of its 1995 permit application. 7.1.7. The Members agree that SHERWOOD shall have a firm right to 31 cfs (20mgd) of the Existing Right in consideration of SHERWOOD's' ownership in the Willamette River Water Treatment Plant, in its construction and ownership of transmission capacity and in its demand forecast that 20 mgd will be supplied from the Willamette River Source. 7.1.8 The Members agree to cooperate to execute all documents necessary to make water right transfers and assignments. 7.2 Breach. Upon material breach of this Agreement, WRWC or an aggrieved Member may seek all remedies available at law or in equity. 7.3 Dispute Resolution. 7.3.1 Method for resolving disputes. If a dispute arises between WRWC and a Member or between Members (collectively "Parties") regarding breach of this Agreement or interpretation of any term of this Agreement, the Parties shall first attempt to resolve the dispute by negotiation, followed by mediation, if negotiation fails to resolve the dispute. Step One: (Negotiation) The Manager or other persons designated by each of the disputing Parties will negotiate on behalf of the entities they represent. The nature of the dispute shall be reduced to writing and shall be presented to each Manager who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each Manager and ratified by the WRWC which shall be binding upon the Parties. Step Two: (Mediation) If the dispute cannot be resolved within thirty (30) days at Step One, the Parties shall submit the matter to non-binding mediation. The Parties shall attempt to agree on a mediator. If they cannot agree, the Parties shall request a list of five (5) mediators FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMEN71:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc from an entity or firm providing mediation services. The Parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each Party shall select one (1) name. The two selected shall select a third person. The dispute shall be heard by a panel of three (3) mediators and any common costs of mediation shall be borne equally by the Parties who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by each Manager and approved by the WRWC. 7.4 Jurisdiction of Circuit Court. After exhaustion of the 7.3 processes, if the Parties agree, any dispute or claim shall be settled by arbitration under the jurisdiction of the Circuit Court of the State of Oregon for Washington County pursuant to ORS Chapter 36. In the absence of such an agreement, that same court shall have jurisdiction. SECTION 8. AMENDMENT. This Agreement may be amended by mutual written agreement of the Members, signed by all of the Members. Future tasks deemed necessary shall be agreed to by the Members through an addendum to this Agreement setting forth the scope of work and method of payment. SECTION 9. GENERAL PROVISIONS. 9.1 Merger Clause. This Agreement embodies the entire agreement and understanding between the Members hereto and supersedes all prior agreements and understandings relating to the subject matter hereof. 9.2 New Members and Assignment. WRWC may accept additional government entities as Members under terms and financial conditions that WRWC deems just and equitable on a case- by-case basis and only upon an affirmative vote of two thirds of the Members. Except for changes of organization through entity formation, merger, consolidation or annexation, no Member shall have the right to assign its interest in this Agreement (or any portion thereof) without the prior written consent of a majority of WRWC. 9.3 Severability. In case any one or more of the provisions contained in this Agreement should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 9.4 Notices. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by United States mail, first class postage prepaid, addressed to the Members as follows: FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMENTI:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc Tualatin Valley Water District Attn: General Manager 1850 SW 170th Beaverton, Oregon 97075 City of Tigard Attn: City Manager 13125 SW Hall Blvd. Tigard, Oregon 97223 City of Sherwood . Attn: City Manager 22560 SW Pine Sherwood, Oregon 97140 City of Tualatin Attn: City Manager 18880 SW Martinazzi Avenue Tualatin, Oregon 97062 The Members hereto are responsible to notify each other of changes and to keep this list current. 9.5 Meetings. Regular meetings of WRWC shall be conducted at such times as WRWC may designate but shall be no less than quarterly. The Chairman, upon his own motion, may, or at the request of two (2) Members of WRWC, shall by giving notice to Members of WRWC (including notice by e-mail) call a previously unannounced special meeting of WRWC for a time not earlier than twenty-four (24) hours after the notice is given, unless an emergency exists. In cases of an emergency, notice reasonable under the circumstances shall be given. A majority of Board Representatives of WRWC shall constitute a quorum. No action will be taken by WRWC unless a majority of WRWC Board Representatives present vote to support the action proposed, unless a greater number of votes is required. 9.6 Advisory Boards; Technical Committees. WRWC may appoint advisory boards and technical committees. The advisory boards shall meet as needed and shall review and make recommendations to WRWC on such matters as WRWC so assigns. A technical committee shall meet not less than quarterly to develop methods of coordination and functioning between WRWC and the Members. 9.7 Attorney Fees. If a dispute should arise between the WRWC and. a Member or between Members regarding any term or portion of this Agreement, the prevailing party shall be entitled to such reasonable attorneys' fees as a trial court or arbitrator may award and on any appeal therefrom. 9.8 Counterparts. This Agreement may be executed in any number of counterparts and FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMEN71:\PW\GREERUWB\2008\091008\First Restated IGA WRwc.aoc by the Members on separate counterparts, any one of which shall constitute an agreement between and among the Members. 9.9 Joint and Several Obligations. For approved WRWC activities, the Members shall be jointly and severally liable to third parties for payment of debts and costs incurred. No Members of the WRWC shall be liable for damages, debts or claims caused solely by the negligent act or omission by WRWC or other Members. The individual Member causing damage by its sole negligence or wrongful act shall be individually liable. 9.10 Instruments of further Assurance. From time to time at the request of any of WRWC, each Member shall, without further consideration execute and , deliver such additional instruments and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement. IN WITNESS WHEREOF, the Members have executed this Intergovernmental Cooperative Agreement by the date set forth opposite their names below. TUALATIN VALLEY WATER DISTRICT Date: , 2008 By: By: CITY OF TIGARD Dated: '2008 By: o R- C, y: AS 'r ,ecey FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMENTI:\PW\GREER\IWB\2008\091008\First Restated IGA WRWC.doc Date: , 2008 CITY OF SHERWOOD By: By: Date: , 2008 CITY OF TUALATIN By: By: FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE A GREEMENTI:\PW\GREER\IWB\2008\091008\Fitst Restated IGA WRWC.doc Agenda Item Meeting Date: October 14, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Establish an Urban Forestry Master Plan Citizen Advisory Committee and Determine Committee Membership Prepared By: Todd Prager/Marissa Daniels Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City adopt a resolution establishing a citizens' advisory committee for the Urban Forestry Master Plan? STAFF RECOMMENDATION Staff recommends Council approve the resolution. KEY FACTS AND INFORMATION SUMMARY On June 3, 2008, Council adopted the Urban Forest section of the Comprehensive Plan (CPA2008-00002). At the August 12, 2008 meeting, Council authorized staff to begin implementation of Policy 2.2.11 of the Comprehensive Plan which states, "The City shall develop and implement a citywide Urban Forestry Management Master Plan." The Forestry Master Plan addresses a wide array of important program and operational issues including: • Development of a mission or vision statement that clearly outlines the purpose of the Master Plan; • The history of Tigard's urban forest as well as existing conditions and management programs; • A summary of community values and attitudes towards Tigard's urban forest; • Design, planting, and maintenance goals and standards for the City; • Coordination of urban forest policies and procedures among different City departments; • Direction for future ordinance revisions; • Budgeting practices and policies; and • Urban Forest monitoring. The development of an Urban Forest Master Plan will allow for a more comprehensive approach to future City decisions concerning trees. As directed by Council at the August 12''' meeting, staff is proposing that a citizen advisory committee (CAC) composed of the Tree Board and other citizens representing a broad range of interests be assembled to oversee the Plan's development. The attached resolution establishes a CAC that will review and make recommendations on draft 1 I:\LR1'LN\Counci1 Nlater44s\2008\10-1408 AIS UFNIP CAC.doc work documents during the project. In addition, there will be several opportunities during the process for broader citizen involvement. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 2: "Complete the update and begin the implementation of the Comprehensive Plan." ATTACHMENT LIST Attachment 1: Resolution establishing a Citizen Advisory Committee to guide the preparation of the Urban Forest Management Plan and deciding the membership of the committee. FISCAL NOTES The Urban Forestry Master Plan will be prepared by the Citizen Advisory Committee and staff. Funding up to $10,000 may be necessary for additional professional services such as commissioning a professional survey of community attitudes towards urban forest issues. 2 1:\1.R131.N\Counci1 Mareri;6\2008\10-14-08 AIS MW CAC.doc Agenda Item # • / • 4 Meeting Date October 14, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award a Contract for Landscaping/Ground Maintenance Services at Various City Buildings Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board (LCRB) award a contract for landscaping/ground maintenance services at various City buildings to All Seasons Ground Care and authorize the City Manager to execute the contract? STAFF RECOMMENDATION Staff recommends the LCRB awards the contract to All Seasons Ground Care and authorizes the City Manager to execute the contract. KEY FACTS AND INFORMATION SUMMARY ■ The "Products of Disabled Individuals" Act obligates local governments to purchase goods and services from Qualified Rehabilitation Facilities (QRFs) when the product or service meets the agency's requirements. A QRF is a non-profit organization that employs Oregonians with disabilities. Currently, various QRFs provide the City with janitorial, ground maintenance, and mailing services, along with custom stamps and other occasional goods and services. ■ In lieu of competitive bidding requirements, the State of Oregon Department of Administrative Services reviews the cost of services to ensure equitable pricing. The state has approved the cost of landscape maintenance services submitted by the City and All Seasons Ground Care in the amount of $28,733 per year. ■ All Seasons Ground Care has been providing landscaping/ground maintenance services to the City for several years. The company has a good track record and staff has been very satisfied with their past work performance. OTHER ALTERNATIVES CONSIDERED The Council could choose not to award the contract and could direct staff how to proceed with the City's landscaping/ground maintenance services contract. CITY COUNCIL GOALS None ATTACHMENT LIST None FISCAL NOTES The cost of the landscaping/ground maintenance services over the first year of the agreement is estimated to be $28,733. There is $32,400 in the '08209 budget for this expense. The contract will be for an initial term of one year and may be extended for two additional one-year terms.The total expense of the contract, if all three years are exercised, is estimated at $86,199. t. Agenda Item # Meeting Date October 14, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Approve Budget Amendment #09-04 to Recognize Receipt of Federal Grant Funds and Make Corresponding A_Tpropriarions for Tigard Turns the Tide Grant - Years 1 and 2 Prepared By: Tom Imdieke Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a budget amendment to establish appropriations in the Police Department so that payments can be made to the Tigard/Tualatin School District as funds are received from the federal government under the Tigard Turns the Tide Grant? STAFF RECOMMENDATION Approve the budget amendment. KEY FACTS AND INFORMATION SUMMARY The Tigard/Tualatin School District was awarded a five-year grant through the "Drug Free Communities Support Program" administered by the Department of Health and Human Services. Locally, the grant is known as the "Tigard Turns the Tide Community Coalition." The goal of the project as described in the grant application is "to reduce substance abuse among youth and over time, among adults by strengthening protective factors and reducing risk factors that put youth at risk for substance abuse." The City of Tigard is participating as a partner in the coalition. The City of Tigard is also the fiscal agent for the grant and is responsible for the reporting and requesting the draw down of funds from the federal government. The School District recently received notice that they have received the notice of award for year two of the grant in the amount of $100,000. This was not included in the FY 2008-09 Adopted Budget for the City. Under Oregon Budget Law, the City Council can recognize this revenue and make appropriations by resolution. There is also approximately $55,586 left in the year one grant award that still needs to be drawn down. This budget amendment recognizes the revenue and establishes appropriations for year two and the remaining amount of year one so that the City staff can continue to make payments to the School District as the draw downs occur. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS S N/A ATTACHMENT LIST Resolution and Attachment A FISCAL NOTES There is no direct fiscal impact on the City of Tigard. Appropriations need to be made in the City's budget so that payments can be made to the School District throughout the year. Total appropriations in the amount of $155,586 are needed in FY 2008-09 Adopted Budget. c Agenda Item # Meeting Date October 14, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve Budget Amendment #09-05 to Recognize Receipt of Federal Grant Funds Through the Tigard/Tualatin School District and Make Corresponding Appropriations for the Safe Schools/Healthy Students Grant in the Community Services Program (Police Department) Prepared By: Tom Imdieke Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a budget amendment that would recognize the revenue from a federal grant awarded to the Tigard/Tualatin School District and make appropriations in the Police Department to fund an expanded after- school program at Fowler Middle School? STAFF RECOMMENDATION Approve the budget amendment. KEY FACTS AND INFORMATION SUMMARY The Tigard/Tualatin School District was awarded through the United States Department of Education, U.S. Department of Health and Human Services, and the U.S. Department of justice a four- year "Safe Schools/Healthy Students Grant" in the amount of just under $1.5 million per year. The overall goals of the project are to: 1. Create an inclusive, supportive, respectful school culture and secure environment, so that Tigard/Tualatin students and staff feel physically and emotionally safe. 2. Provide every child with the support and skills to resist alcohol, tobacco, and other drug use. 3. Ensure each student will have the support and skills to be healthy, productive members of the school community. 4. Provide all children with identified mental health needs access to comprehensive services. 5. Ensure children enter school with the social and behavioral skills needed to be successful learners. The Tigard Police Department is a partner with the School District along with the Washington County Juvenile and Conciliation Services, Washington County Commission on Children and Families, Washington County Mental Health, Tualatin Police Department, and other private school partners on this project. As a partner, the City of Tigard anticipates receiving approximately $61,700 per year that is to be used to expand the existing after-school GREAT programs currently at Twality Middle School to Fowler Middle School. The federal funds were not anticipated in the FY 2008-09 Adopted Budget for the City. This budget amendment recognizes the revenue and establishes appropriations for the first year so the funds can be used for the expanded program. Under Oregon Budget Law, the City Council can recognize this revenue and make appropriations by resolution. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Resolution and Attachment A FISCAL NOTES There are no additional City General Funds being requested for this project. Total amount of the budget amendment for the first year is $61,700. Agenda Item # 2, a- Meeting Date October 14, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Contract Award for Tree Planting Services for Various Pro.jects Prepared By: Todd Prager /Joe Barrett Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award contracts for tree planting services as needed to both SR Design LLC and Cascadian Landscapers Inc? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board award contracts to both SR Design LLC and Cascadian Landscapers Inc for as needed tree planting services, and authorize the City Manager to take all necessary steps to execute the contracts. KEY FACTS AND INFORMATION SUMMARY The City collects Tree Replacement fees from developers that remove trees during development activities. These fees are deposited into the Tree Replacement Fund, and are dedicated for the purpose of planting and maintaining newly planted trees. While staff historically budgeted between $50,000 and $75,000 annually for tree plantings using the Tree Replacement monies, it has been challenging to complete the work with in-house crews due to other commitments. In order to better utilize the Tree Replacement Fund, staff issued a request for proposals to solicit bids from contractors that could assist the City in planting and maintaining up to $75,000 worth of trees annually. Staff is requesting Council approval to contract with SR Design LLC and Cascadian Landscapers Inc to plant and maintain newly planted trees on an as needed basis. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS Comprehensive Plan Goal 2.2 - To enlarge, improve, and sustain a diverse urban forest to maximize the economic, ecological, and social benefits of trees. 1 L\LRPLN\Council Materials\2008\10-14-08 AIS_Contract Award for Tree Planting Services for Various Projects.doc ATTACHMENT LIST None. FISCAL NOTES Due to technical issues, funds were not appropriated in the FY 2008-09 Tree Replacement Fund to cover these needed services. To remedy this, Council approved Budget Amendment #1 on August 12, 2008 which allocated $75,000 from General Fund Contingency to the Community Development Program budget in order to fund the services. The monies will be transferred back to the General Fund from Tree Replacement Fund in the FY 2009- 2010 budget. 2 1:\LRPLN\Council Materials\2008\10-1408 A1S_Contract Award for Tree Planting Services for Various Projects.doc ' 1 i't,i S i f~ w Gds r~r~n~e.~✓-~.~ Agenda Item # • Meeting Date October 14, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Contract Award - Construction Documents and Permitting Services for Lower Fanno Creek Park Prepared By: Phil Nachbar Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall Council award a professional services contract to Walker Macy to produce construction documents and provide permitting services for Lower Fanno Creek Park? STAFF RECOMMENDATION Approve a contract award in an amount not to exceed $260,000 to Walker Macy for construction documents and permitting for Lower Fanno Creek Park. In addition, staff recommends the City Manager be authorized to execute the. agreement. KEY FACTS AND INFORMATION SUMMARY In February of 2008, the City Center Development Agency adopted by resolution the Fanno Creek Park & Plaza Master Plan for use in providing direction for further implementation. The master plan includes both the larger Lower Fanno Park and the Downtown Plaza. The Lower Park supports the Downtown Plaza as a catalyst project and builds on the 'green theme' integral to the Downtown Improvement Plan. Like other scheduled infrastructure improvement projects in Downtown such as the Commuter Rail station, and the reconstruction of Burnham Street and Main Street, the Lower Park provides attractive amenities which will support new investment and begin to create a pedestrian based place for the community to use. Staff is proceeding with implementation with the goal of starting construction of Phases 2 A / 2B of Lower Fanno Creek Park in the spring of 2009 (see attachment 1). Before a bid for construction can be issued, final construction plans and permits need to be obtained. There were 3 responses to the request for proposals including Walker Macy, Greenworks, and NW Engineers, LLC. Walker Mary was the selected consultant team that includes Pacific Habitat for permitting, KPFF for structural, Ash Creek Associates for geotechnical, and ACC for cost estimating. The Walker Mary team provided the strongest team, relevant experience, and lowest cost of services. Walker Mary was the firm which produced the master plan and its team includes staff from the original team to ensure the continuity of the design. It is anticipated that the Lower Park will be constructed in 3 to 4 phases depending on funding availability. OTHER ALTERNATIVES CONSIDERED None. I:\LRPLN\PH\Council Meetings 2008\10-1408 LCRB AIS Contract Award - Construction Document & Permitting Services.dpc 1 CITY COUNCIL GOALS Goal 3: Implement the Downtown Urban Renewal Plan. ATTACHMENT LIST Attachment 1: Lower Fanno Creek Project Boundary Phases. FISCAL NOTES The cost of the project is estimated at $260,000, but will be negotiated in the final contract. Funds are currently budgeted for this project. 1:\I.RPLN\Phil\Council Meetings 2008\10-1408 LCRB AIS Contract Award - Construction Document & Permitting Services.dgc 2 • ATTACHMENT 1 Lower Fanno Creek Park Project Boundary Phases • a t Legend o5ttee ~f Trail Phase 2A DemoTrail Phase 2A Trail Phase 2B aG DemoTrail Phase 26 ~PPe_ : Trail Phase 3 ' Demo Trail Phase 3 '1 l Trail Phase 4 S`le~ti Demo Trail Phase 4 P5r Entry Upgrade B3 \y~ p Interpretive Node Restoration in Trail Corridor B201:1 ` New Bridge Yy' New Boardwalk Existing Bridge - removed ' o r"N B1 - c It •t Project Boundary ❑ Phase 2A Phase 2B ❑ Phase 3 Phase 4 ~ - (,P Lower Fanno Creek Phasing Plan Fanno Creek Park & Public Use Area i The City of Tigard June 30, 2008 Agenda item # 2. Meeting Date October 14, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title City of Tigar's Membership in the Oregon Economic & Community Development Department (OECDD) Brownfields/Coalition Assessment Initiative Prepared By: Carissa Collins Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City of Tigard participate in OECDD's Brownfields Coalition Assessment Initiative? STAFF RECOMMENDATION Staff recommends that the City Council approve a resolution authorizing the City to become a member of OECDD's Brownfields Coalition to obtain grants for assessing properties identified for downtown redevelopment KEY FACTS AND INFORMATION SUMMARY The Oregon Economic and Community Development Department (OECDD) is preparing to apply for a statewide Environmental Protection Agency (EPA) Brownfields Coalition Assessment grant for $1 million. The Coalition will have available for distribution, $500,000 for hazardous substance and $500,000 for petroleum based assessments to organizations interested in partnering with them. OECDD developed this program to pool EPA funds and prioritize grants to cities which have Main Street Programs. While the City does not currently have a sanctioned Downtown Association that is a member of the Oregon Main Street Program, the State's program would allow flexibility as to the type and level of participation desired. The City has five properties eligible for assessment grants through the Coalition. Advantages of membership in OECDD's Brownfields Coalition are: 1) Members have priority for receipt of EPA grant funds; 2) The State will assume all EPA reporting and administrative requirements for grants; 3) It is estimated that the City would save between $50,000 to $100,000 in environmental consulting costs through the program; and 4) As a member of the Coalition, the Oregon Department of Environmental Quality (DEQ) would serve as environmental advisor to the program. To participate, the state requires that the City provide a letter of intent to become a Coalition Partner through City resolution. I:\Citywide\Council Packets\Packet'08\081014\10-14-08 AIS Brownfields.docx 1 OTHER ALTERNATIVES CONSIDERED 1. Direct application to EPA: Apply for a Community-Wide Assessment Grant. The City would be responsible for completing all of the reporting and administrative duties associated with grant awards according to EPA guidelines. 2. Private Contract: Use City funds to contract for the assessments at a cost of $50,000 to $100,000. CITY COUNCIL GOALS Implement the Downtown Renewal Plan ATTACHMENT LIST Attachment 1: Resolution FISCAL NOTES There is no cost to the City of Tigard for participating in the OE (DD Brownfields Coalition Assessment Initiative. I:\Citywide\Council Packets\Packet '08\081014\ 10- 14-08 AIS Brownfields.docx 2 Agenda Item # y Meeting Date October 14, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Public Hearing for Comprehensive Plan Amendment CPA2008-00006 - Update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment (CPA2008-00006) to update the goals, policies, and recommended action measures applicable to Statewide Planning Goal 14? STAFF RECOMMENDATION Approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan Amendment to update goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. KEY FACTS AND INFORMATION SUMMARY The proposed Urbanization chapter included in the amendment is a result of Council's direction to complete a full update of the Tigard Comprehensive Plan. The updated chapter is based on the inventory and facts included in the Tigard 2007 resource document and current circumstances surrounding urban growth boundary decisions (Urbanization Summit and Urban/Rural Reserves Process). Additionally, staff reviewed relevant findings from past citizen surveys and the Tigard visioning project. This ensured that the expressed values and attitudes of the hundreds of citizens who participated in these efforts were incorporated into the update of the Comprehensive Plan. Council's direction to update the Comprehensive Plan also stressed the importance of garnering citizen input. The opportunity for input was presented at two Policy Interest Team (PIT) meetings hosted by the Planning Commission. The Planning Commission acted as the host for the Policy Interest Team meetings as staff felt this was important to the process because the Commission is directly involved in implementing the City's growth management program. By hosting the PIT meetings, the Commission was given the opportunity to fully understand the concepts and information before reviewing the information in the public hearing setting. The Commission, the PIT, and staff found consensus on draft goals, policies, and recommended action measures through consideration of the technical information, previously expressed values and attitudes, and concepts presented at the PIT meetings. Subsequently, the Planning Commission held public hearings on August 18, 2008, and October 6, 2008. The Commission recommended the Council adopt the updated chapter (Exhibit A) included in CPA2008-00006. Like all updated Plan chapters that will come before Council, it is important that the Urbanization chapter be technically sound. Therefore, during the development of the chapter, a Department Review Team was involved to determine its technical accuracy and conformance with applicable laws and rules. In addition, the updated chapter was sent to state l:\LRPLN\Council Materials\2008\10-1408 CC Hearing CPA 2008-00006 AIS.doc 1 and regional agencies for review. Those comments, and staff s replies, are available in the Staff Report to the Planning Commission (Attachment 2). The intent of the updated chapter is to provide Tigard a much better foundation on which to prepare ordinances, associated plans, development standards, programs, and intergovernmental agreements. This is necessary to provide the tools needed to develop and implement an effective land use and growth management program. The successful management of these programs is essential to a high quality of life and the health, safety, and welfare of the community. The proposed chapter provides a necessary update to the current language in the Comprehensive Plan, which is out-of- date and limited in scope. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to periodically update their plans to reflect current conditions, regulations, and information relating to the Oregon Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with the Statewide Planning Goal 14 through goals and policies that act as the basis to manage, maintain, and expand the growth management program of the community. City Council reviewed the amendment at a September 9, 2008 workshop meeting. The Council asked for clarification on two policies and suggested a word change in another. Staff consulted with the City Attorney to rework the language (Attachment 3), which was then recommended by the Planning Commission at its public hearing on October 6, 2008. OTHER ALTERNATIVES CONSIDERED 1. Approve the Planning Commission recommendation and adopt CPA2008-00006. 2. Modify the Planning Commission recommendation and adopt CPA2008-00006. 3. Remand to the Planning Commission to hold additional hearings and deliberations for future consideration at City Council. CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Ordinance approving Comprehensive Plan Amendment 2008-00006 Exhibit A: Tigard Comprehensive Plan Amendment (Statewide Planning Goal 14) Attachment 2: Staff Report to the Planning Commission Attachment 3: Memo to Planning Commission - September 19, 2008 Attachment 4: Planning Commission Minutes - August 18, 2008 Attachment 5: Planning Commission Minutes - October 6, 2008 (these minutes will be distributed prior to the October 14, 2008 Council Meeting.) FISCAL NOTES N/A l:\LRPL.N\Council Materials\2008\10-1408 CC Hearing C13A 2008-00006 AIS.doc 2 ATTACHMENT 2 Agenda Item: 5.2 Hearing Date: October 6, 2008 Time: 7:00 PM STAFF REPORT TO THE n PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: COMPREHENSIVE PLAN AMENDMENT TO UPDATE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION FILE NO.: Comprehensive Plan Amendment (CPA) CPA2008-00006 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topic 10: Urbanization by updating the goals, policies and recommended action measures to reflect current community conditions and values. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission finds this request to meet the necessary approval criteria. Therefore, staff recommends that the Planning Commission RECOMMENDS to the Tigard City Council that it amends the Tigard Comprehensive Plan as determined through the public hearing process. STAFF RI7POIt'I" 1'O '1'I-1E PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE- 1 OF 17 SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is now seven years beyond the year 2000 planning horizon of the City's 1983 Comprehensive Plan. Tigard has grown dramatically since 1983, from 18,379 residents to 46,715 today. Jobs and business activity have grown just as fast. Although minor updates have taken place over the years, the 1983 Plan, in many ways, does not reflect current and projected community conditions. For this reason, it is necessary to undertake a thorough update. This is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council has made it a goal to update the Comprehensive Plan. The first step in updating the Tigard Comprehensive Plan involved City staff developing a fact base to inform the update. The result was the Tigard 2007 resource document. Key findings from Tigard 2007 combined with community issues and values, form the basis for Plan goals, policies, and recommended action measures. Community issues and values were identified through the community's visioning process and a number of surveys completed over the last several years. The second step involved community volunteers and stakeholders coming together to develop draft goals, policies, and recommended action measures. These Policy Interest Teams have been meeting over the past several months to discuss Comprehensive Plan topics in which they share an interest. City Department Review Teams then review and provide comment on the work of the policy interest teams. These final draft goals, policies, and recommended action measures are then forwarded to the Planning Commission to begin the legislative process. The final step is the legislative process. Since each of the Policy Interest Teams moved at their own pace, Staff brought a series of Comprehensive Plan Amendments (CPA) through the legislative process over the past year. Each CPA corresponded to a Statewide Planning Goal that is applicable to Tigard. The CPA strikes the appropriate language from the existing plan and replaces the language with an updated chapter that addresses that particular Statewide Planning Goal. The chapter before the Planning Commission tonight is Urbanization (Goal 14). The Planning Commission held a joint meeting with the City Council to discuss current issues related to Urbanization. The Commission then acted as host to two Policy Interest Team meetings where they worked with citizens to discuss and formulate the draft goals, policies, and recommended action measures. The Planning Commission and citizens were comfortable with the language and found consensus to bring the language to public hearing for recommendation at this point. S'1'AFR I21 PORT"1"O'I'1IE PLANNING COMMISSION CPA 2008-00006 S'T'ATEWIDE PLANNING GOAT.. 14 PAGE 2 OF 17 Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. This amendment is part of a series of amendments that has updated the Comprehensive Plan in its entirety. This amendment will update Statewide Planning Goal 14 with goals, policies, and recommended action measures that will serve as the "legislative foundation" in regards to the City's land use planning program. Land use actions and amendments to the Tigard Development Code will be based on the new language included in this amendment. Below is an explanation of the terms that create the "legislative foundation": Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Comprehensive Plan, the City must show consistency with the Statewide Land Use Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. STAFF REPORT TO TI-IE PLANNING COMMISSION CPA 2008-00006 STATEWIDI: PLANNING GOAL 14 PAGE 3 OF 17 The City should periodically review and prioritize recommended action measures based on current circumstances, community needs and the City's goal and policy obligations. These statements are suggestions to future City decision- makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Comprehensive Plan. The list of recommended action measures is not exclusive. It may be added to or amended as conditions warrant. SECTION IV. SUMMARY OF REPORT Applicable criteria, findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Citizen Involvement o Land Use Planning o Parks, Recreation, Trails, and Open Space o Public Facilities and Services o Transportation o Urbanization • Applicable Metro Standards o Tide 11 • Statewide Planning Goals o Goals 1, 2, 8, 11, 12, and 14. City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish policies to be applied generally throughout the City of Tigard; and therefore, the application is being processed as a Type W procedure, Legislative Amendment, as governed by Section 18.390.060G. Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings- The proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. S"I'AI~F RI7-POI;Ul TO'1'1-IG PLANNING COMMISSION CPA 2008-00006 5FATEwIDF PLANNING GOAL 14 PAGE-40F17 Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findins- As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code and recommends the Planning Commission forward these proposed amendments to the City Council with a recommendation for adoption. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. S'I'AM? ItI POR'1"I'O'I'I Its PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 5 01 717 Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the September 18, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listserv and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings- Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings- Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and STAFF RL:POR1" TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE 131-ANN ING GOAL 14 RAGE ,'6 OF 17' commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: This policy is satisfied through the clear direction given by all goals and policies included in the proposed amendment. The City's position on the annexation of property, its support of regional and state growth management decisions, its plan to accommodate more intense urban land uses in Metro designated centers /corridors, and the proper planning and delivery of public services is clearly stated throughout the language. All of the aforementioned subjects are a vital part of the City's land use program. The goals and policies, specifically Goal 14.1, policies 2, 3, and 5 and Goal 14.2, policies 3 and 6, also show compliance with Statewide Planning Goal 2 that requires planning coordination and Oregon Revised Statute 195 that requires urban service coordination. Goal 14.3 and its associated policies address serving the interests of the citizens of Tigard. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings. The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. This policy is satisfied. Policy 5. The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. Findings- The language included in the proposed amendment, specifically Goal 14.3, Policy 3, is consistent with this policy. The proposed policy states the City's position to accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with the Metro Framework Plan. This policy is satisfied. Policy 13. The City shall plan for future public facility expansion for those areas within its Urban Planning Area that can realistically be expected to be within the City limits during the planning period. Findings The language included in the proposed amendment, specifically Goal 14.2, Policy 6, is consistent with this policy. The proposed policy states the City's position to periodically update S'I'AI F REPOIZ'T'I"O'1'1 IE PLANNING COMMISSION CPA 2008-00006 S'T'ATEWIDE PLANNING GOtU_ 14 PAGE 7 01 717 and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. This policy is satisfied. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Fps: The proposed amendment satisfies this policy by updating the Comprehensive Plan relative to Statewide Land Use Planning Goal 14: Urbanization. The primary intent of the update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Chapter 8: Parks, Recreation, Trails, and Open Space 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. Policy 11. 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. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5, is consistent with this policy. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. This policy is satisfied. Chapter 11: Public Facilities and Services Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 2. The City shall continue to collaborate with Clean Water Services .in the planning, operation, and maintenance of a comprehensive stormwater management system. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 5, is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the stormwater system. This policy is satisfied. STAFF' RF?PORT TO THE PLANNING COMMISSION CPA 2008-00006 STA1TWIllF? PLANNING GOAL 14 PAGE 8 OF 17 Policy 4. The City shall require a property to be located within the City limits prior to receiving City stormwater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1, is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. Policy 2. The City shall continue to collaborate with Clean Water Services in the planning, operation, and maintenance of a comprehensive wastewater management system for current and projected Tigard residents. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 6, is consistent with this policy. The proposed policy states the City's position to maintain intergovernmental agreements with service districts to define provision roles and to coordinate plans and programs. These intergovernmental agreements promote collaboration in the planning, operation, and maintenance of the wastewater system. This policy is satisfied. Policy 6. The City shall require a property to be located within the City limits prior to receiving City wastewater services. Findings: The language included in the proposed amendment, specifically Goal 14.1, Policy 1, is consistent with this policy. The proposed policy states the City's position to require a property to annex before extending City services to the property. This policy is satisfied. Goal 11.4 Maintain adequate public facilities and services to meet the health, safety, education, and leisure needs of all Tigard residents. Policy 3. The City shall coordinate the expansion and equitable, long-term funding of public facilities and services with the overall growth of the community. Findings. The language included in the proposed amendment, specifically Goal 14.2, Policy 6, is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan is required by Statewide Planning Goal 11 (OAR 660-015) and describes the facilities and funding needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 5. The City shall work in conjunction with partner agencies and districts in the planning and locating of their new facilities. Fines The language included in the proposed amendment, specifically Goal 14.1, Policy 3, is consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies and districts to plan and locate facilities in the best interest of all, and to ensure the proper infrastructure exists to support the facilities. This policy is satisfied. S'1'Alil~ RI-PORT 1"0'1'1-I8 PLANNING COMMISSION CPA 2008-00006 STATEWIDE, PLANNING GOAL, 14 PAGE 9 01 717 Topic 8: Transportation (Original Comprehensive Plan format) Policy 8.2.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. Fps: The language included in the proposed amendment, specifically Goal 14.2, Policy 6, is consistent with this policy. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding, including transportation, needed to support the land uses and densities designated in the Comprehensive Plan. This policy is satisfied. Policy 8.2.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION PLANNING PROCESS WITHIN THE CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH OTHER FEDERAL, STATE, REGIONAL AND LOCAL JURISDICTIONS. :The language included in the proposed amendment, specifically Goal 14.1, Policy 3, is Findings consistent with this policy. The proposed policy states the City's position to coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. This includes working with partner agencies in the planning process for the region's multi-modal transportation system. This policy is satisfied. Topic 10: Urbanization Policy 10.1.1 PRIOR TO THE ANNEXATION OF LAND TO THE CITY OF TIGARD: a. THE CITY SHALL REVIEW EACH OF THE FOLLOWING SERVICES AS TO ADEQUATE CAPACITY, OR SUCH SERVICES TO BE MADE AVAILABLE, TO SERVE THE PARCEL IF DEVELOPED TO THE MOST INTENSE USE ALLOWED*, AND WILL NOT SIGNIFICANTLY REDUCE THE LEVEL OF SERVICES AVAILABLE TO DEVELOPED AND UNDEVELOPED LAND WITHIN THE CITY OF TIGARD. THE SERVICES ARE: 1. WATER; 2. SEWER; 3. DRAINAGE; 4. STREETS; 5. POLICE; AND 6. FIRE PROTECTION. * Most intense use allowed by the conditions of approval, the zone or the Comprehensive Plan. b. IF REQUIRED BY AN ADOPTED CAPITAL IMPROVEMENTS PROGRAM ORDINANCE, THE APPLICANT SHALL SIGN AND RECORD WITH WASHINGTON COUNTY A NONREMONSTRANCE AGREEMENT REGARDING THE FOLLOWING: 1. THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR ANY OF THE FOLLOWING SERVICES THAT COULD BE PROVIDED THROUGH SUCH A DISTRICT. THE EXTENSION OR IMPROVEMENT OF THE FOLLOWING: a) WATER; b) SEWER; c) DRAINAGE; AND d) STREETS. 2. THE FORMATION OF A SPECIAL DISTRICT FOR ANY OF THE ABOVE SERVICES OR THE INCLUSION OF THE PROPERTY INTO A SPECIAL SERVICE DISTRICT FOR ANY OF THE ABOVE SERVICES. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 S1WI'EVAD PLANNING GOAL 14 PAGE 10 OF 17 C. THE CITY SHALL PROVIDE URBAN SERVICES TO AREAS WITHIN THE TIGARD URBAN PLANNING AREA OR WITH THE URBAN GROWTH BOUNDARY UPON ANNEXATION. Policy 10.1.2 APPROVAL OF PROPOSED ANNEXATIONS OF LAND BY THE CITY SHALL BE BASED ON FINDINGS WITH RESPECT TO THE FOLLOWING: a. THE ANNEXATION ELIMINATES AN EXISTING "POCKET" OR "ISLAND" OF UNINCORPORATED TERRITORY; OR b. THE ANNEXATION WILL NOT CREATE AN IRREGULAR BOUNDARY THAT MAKES IT DIFFICULT FOR THE POLICE IN AN EMERGENCY SITUATION TO DETERMINE WHETHER THE PARCEL IS WITHIN OR OUTSIDE THE CITY; C. THE POLICE DEPARTMENT HAS COMMENTED UPON THE ANNEXATION; d. THE LAND IS LOCATED WITHIN THE TIGARD URBAN PLANNING AREA AND IS CONTIGUOUS TO THE CITY BOUNDARY; e. THE ANNEXATION CAN BE ACCOMMODATED BY THE SERVICES LISTED IN 10.1.1(a). Policy 10.1.3 UPON ANNEXATION OF LAND INTO THE CITY WHICH CARRIES A WASHINGTON COUNTY ZONING DESIGNATION, THE CITY OF TIGARD SHALL ASSIGN THE CITY OF TIGARD ZONING DISTRICT DESIGNATION WHICH MOST CLOSELY CONFORMS TO THE COUNTY ZONING DESIGNATION. (Rev. Ord. 84-21) Policy 10.2.1 THE CITY SHALL NOT APPROVE THE EXTENSION OF CITY OR UNIFIED SEWERAGE AGENCY (USA) LINES EXCEPT: a. WHERE APPLICATIONS FOR ANNEXATION FOR THOSE PROPERTIES HAVE BEEN SUBMITTED TO THE CITY; OR b. WHERE A NONREMONSTRANCE AGREEMENT TO ANNEX THOSE PROPERTIES HAS BEEN SIGNED AND RECORDED WITH WASHINGTON COUNTY AND SUBMITTED TO THE CITY; OR C. WHERE THE APPLICABLE STATE OR COUNTY HEALTH AGENCY HAS DECLARED THAT THERE IS A POTENTIAL OR IMMINENT HEALTH HAZARD. Policy 10.2.2 IN ADDITION TO THE REQUIREMENTS OF POLICY 10.2.1, THE EXTENSION OF SEWER LINES OUTSIDE OF THE CITY LIMITS SHALL NOT REDUCE THE CAPACITY BELOW THE REQUIRED LEVEL FOR AREAS WITHIN THE CITY. Policy 10.2.3 AS A PRECONDITION TO THE APPROVAL OF THE EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS, THE CITY SHALL HAVE THE RIGHT OF REVIEW FOR ALL DEVELOPMENT PROPOSALS OUTSIDE THE TIGARD CITY LIMITS BUT WITHIN THE TIGARD URBAN PLANNING AREA (REFERENCE TIGARD'S URBAN PLANNING AREA AGREEMENTS WITH WASHINGTON COUNTY). THE CITY SHALL REQUIRE THAT DEVELOPMENT WILL NOT: a. PRECLUDE THE FURTHER DEVELOPMENT OF THE PROPERTIES TO URBAN DENSITIES AND STANDARDS; OR b. PRECLUDE THE SUBSEQUENT DEVELOPMENT OF SURROUNDING PROPERTIES. THIS REVIEW SHALL INCLUDE THE FOLLOWING FACTORS AS SET FORTH IN THE TIGARD COMPREHENSIVE PLAN AND APPROPRIATE IMPLEMENTATING ORDINANCES: a. LAND USE; b. DENSITY; C. PLACEMENT OF STRUCTURES ON THE SITE; d. STREET ALIGNMENT; AND e. DRAINAGE. Policy 10.3.1 THE CITY SHALL CONSIDER ANNEXATION REQUESTS OUTSIDE THE TIGARD STAFF R1 POI2'1"1'O 1141 PLANNING COMMISSION CPA 2008-00006 S'I'ATFWIllI? PLANNING GOAL 14 PAGE- 11 OF 17 URBAN PLANNING AREA AND WITHIN THE URBAN GROWTH BOUNDARY CONSISTENT WITH POLICIES 10.1 AND 10.2 AND AMENDMENT OF THE AGREEMENT BETWEEN THE CITY AND THE COUNTY. Policy 10.3.2 THE CITY SHALL DISCOURAGE EXPANSION OF THE TIGARD URBAN PLANNING AREA IN A MANNER WHICH WOULD RESULT IN AN IRREGULAR PLANNING AREA AND INEFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES. Findiggs: Current Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, and 10.3.2 will be deleted and replaced in their entirety by proposed amendment Goal 14.1, 14.2, and 14.3 and the associated Policies (see Exhibit A). Updating the goals and policies is consistent with the post acknowledgement plan amendment procedures as outlined in Oregon Revised Statute 197.610-625 and Oregon Administrative Rule 660 Division 18. This update will ensure the City is in compliance with applicable laws, rules, regulations, plans, and programs. This update will also ensure continued compliance with Statewide Planning Goal 14 as the new goals and policies reflect current community conditions and values. The new goals and policies have been developed through a citizen involvement effort, reviewed by City staff, and reviewed by affected agencies, including the Oregon Department of Land Conservation and Development. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Metro Urban Growth Management Functional Plan Title 11: Planning for New Urban Areas - require and guide planning for conversion from rural to urban use of areas brought into the UGB. It is the intent of Title 11 that development of areas brought into the UGB implements the Regional Framework Plan and 2040 Growth Concept. Findings- The City is committed to implementing the Metro Urban Growth Functional Plan. The proposed amendment confirms this commitment through the goals and policies contained within, particularly Goal 14.3, Policies 1, 2, and 3. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept. Title 11 is satisfied. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable Metro regulations. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1- Citizen Involvement. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning S1'AI F 1ZIPOR'I"1'O'I'I IF PLANNING COMMISSION CPA 2008-00006 STATEWIDE- P1- INNING GOAL 14 13AG17-12 OF 17 Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team (hosted by the Planning Commission), and submitting written comments via the website. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the September 18, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal 2 - Land Use Planning. This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. FindiW,s. The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal 8 - Recreational Needs This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Emidings. The language included in the proposed amendment, specifically Goal 14.1, Policy 5, is consistent with Goal 8. The proposed policy states the City's position to maintain agreements with service districts to define provision roles and to coordinate plans and programs. These agreements build partnerships between service providers and provide clear direction on who provides services and allows for the anticipation of funding needs to improve park and recreation opportunities. These measures endeavor to satisfy the needs of all citizens and visitors. This goal is met. Statewide Planning Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. S'I'A1,'1~'REPORT" 1'01'1-IE PLANNING COMMISSION CPA 2008-00006 51'A1'EWIDE PLANNING GOAL 14 PAGE 13 OR 17 FindLngs~. Goal 11 (OAR 660-015) requires cities with a population greater than 2500 persons to develop and adopt a public facility plan. The City is in compliance as it adopted the Tigard Public Facility Plan in 1991 as part of periodic review of the comprehensive plan. Oregon Revised Statute 195 also requires units of local government and special districts that provide an urban service to an area within an urban growth boundary that has a population greater than 2500 persons to enter into urban services agreements. The City is in compliance as the Tigard Urban Services Agreement was signed in July 2006. The proposed amendment, specifically Goal 14.1, policies 2 and 5, directs the City to maintain agreements with Washington County and service districts to define provision roles, to coordinate plans and programs, and to maintain consistency with the adopted public facility plan. Goal 14.2, policy 6, further directs the City to periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Based on the City's current compliance and its commitment to continue compliance with Goal 11, the goal is met. Statewide Planning Goal 12: Transportation To provide and encourage a safe, convenient, and economic transportation system. Findings: The language included in the proposed amendment, specifically Goal 14.2, Policy 6, is consistent with this goal. The proposed policy states the City's position to ensure its Public Facility Plan is kept up-to-date. The Public Facility Plan describes the facilities and funding needed, including transportation, to support the land uses and densities designated in the Comprehensive Plan. Goal 12 is met. Statewide Planning Goal 14. Urbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban. population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: Goal 14 requires the establishment of urban growth boundaries (UGB) and outlines the parameters for amending the boundary. UGBs control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. Amendments to the UGB must be adopted by all cities in the Metro region, including the City of Tigard. The Metro UGB is currently in compliance with Goal 14, as are the City's comprehensive plan policies. The City is committed to continued compliance with Goal 14. The proposed amendment confirms this commitment through the all goals and policies contained within. This language clearly states the City's support of state and regional growth management decision, including urban growth boundary decisions that continue to promote a compact urban form and prevent urban sprawl. Part of this support is the proper land use and public facility planning that is critical to the success of the transition from rural to urban land uses. The City also states it support of the Metro 2040 Growth Concept through its position to accommodate more intense urban land uses in designated centers and corridors. This is consistent with the purpose of the 2040 Growth Concept and Metro Functional Plan Title 11. The proposed amendment is consistent with this goal as it provides policy direction that intends to ensure the orderly and efficient delivery of public facilities and services through proper planning and implementation. The policies also require an appropriate level of public facilities and services to accommodate urban population and employment. S'1'AI F REPORT 1'O '1'I IE 111ANNING COMMISSION CPA 2008-00006 STA'T'EWIDE PLANNING GOAL 14 111AGE 14 OF 17 CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Current Planning Division, Administrative Department, and Police Department has had an opportunity to review this proposal and have no objections. The City of Tigard's Public Works Department had an opportunity to review this proposal and had the following comments. Goal 14.1, Policy 1 is not consistent with the Tigard Water District/City of Tigard IGA. This policy states the City will not approve the extension of City services without Findings annexation approval. As the City currently provides water outside of its boundaries through intergovernmental agreements with Durham, King City, and the Tigard Water District, additional language was added to explicitly state the current circumstances. The addition of the language also addresses the deletion of Policy 4, under Goal 14.3. The City Attorney reviewed the language change and advises the policy is now consistent with the City's current water provision and does not create conflict with the existing intergovernmental agreements. Staff recommends the Planning Commission accept the changes. Goal 14.3, Policy 4 is not consistent with our current IGA with the Tigard Water District. Findings: This policy was removed based on the Public Works comment. The policy language was incorporated into Goal 14.1, Policy 1 as outlined above. The City Attorney reviewed the deletion and advises the language is now consistent with the City's existing intergovernmental agreements. Staff recommends the Planning Commission accept the deletion. CONCLUSION: Based on comments from City staff, and the changes made based on the advice of the City Attorney, staff finds the proposed amendment does not interfere with current service provision or the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies /jurisdictions had an opportunity to review this proposal and did not respond: City of Beaverton City of Durham City of King City Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Land Conservation and Development Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1, District 2A Tualatin Hill Parks and Recreation District Tualatin Valley Water District STAIR lit PORT'I O THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 15 OR 17 Tualatin Valley Fire & Rescue Tri-Met Transit District The City of Lake Oswego and the City of Tualatin had an opportunity to review this proposal and have no objections. Clean Water Services had an opportunity to review this proposal and had the following comments (Exhibit B): We recommend following any and all relevant provisions of the current Intergovernmental Agreement between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available online) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. Findings: The Clean Water Services Design and Construction Standards implement Metro's Tide 3 requirements through a jurisdiction's development code. The City of Tigard has adopted the Standards into the Tigard Community Development Code. Policy language is included in the Tigard Comprehensive Plan under Goals 6 and 11 that direct the City to comply with all state and regional standards, which includes the Clean Water Services standards. Therefore, staff recommends not including any further language in this proposed amendment. CONCLUSION: Based on responses from outside agencies listed above, staff finds the proposed amendment meets all requirements of these agencies and does not interfere with the best interests of the City. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SERVICES COMMENTS. S'1'AI F RIsPORT"TO `TI IE PLANNING COMMISSION CPA 2008-00006 STATE WID13131.ANNING GOAL, 14 PAGE- 16 OR 17 September 19, 2008 PREPARED BY: Darren Wyss DATE Senior Planner September 19, 2008 APPROVED BY'RonSu'ncIr' DATE Assistant Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00006 STATEWIDE PLANNING GOAL 14 PAGE 17 OF 17 x- - ATTACHMENT 3 d MEMORANDUM TIGARD 2027 TO: Planning Commission FROM: Darren Wyss, Senior Planner RE: CPA2008-00006 Public Hearing DATE: September 19, 2008 On Monday, October 6`h, the Planning Commission will hold a second public hearing on the comprehensive plan amendment (CPA2008-00006) to update goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. The Planning Commission previously held a public hearing on August 18`h and made a recommendation to Council. However, the notice for this hearing failed to be printed in the newspaper. In order to comply with the City's notification requirements, the notice was resent to the newspaper, printed in the September 18`h edition, and the Commission will hold an additional hearing to take public testimony. Since the Commission last reviewed the language contained in CPA2008-00006, the City Council has held a workshop on the amendment. The Council felt the intent of Goal 14.1, Policy 1 and Goal 14.3, Policy 4 needed to be better clarified. The Commission, at its workshops and hearing, also debated this language and in the end went with the staff recommendation. The language is based on the City currently providing water outside the city limits, but wanting to prohibit the provision of all other services outside of the city limits. Council requested the language be reworked for better clarity. Staff worked with the City Attorney to develop new language and the decision was made to eliminate Goal 14.3, Policy 4 and add additional language to Goal 14.1, Policy 1. The changes are as follows: Goal 14.1 1. The City shall only approve the extension of City services: A. where applications for annexation for those .properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service Area. Goal 14.3 1 The Council also asked for the language in Goal 14.2, Policy 3 to be changed from require to encourage as they felt it was too strong. The Commission also raised this issue during a workshop and asked whether this was within the City's legal right. The City Attorney suggested changing the language from require to encourage and by adding an additional policy to ensure the possibility of requiring annexation in the future, the intent of the language could be maintained. This new policy is now Goal 14.2, Policy 5. Goal 14.2 3. The City shall evaluate and may reqtit-te encourage that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. 5. The City shall maintain its right to annex property as allowed by state statute Staff feels the changes suggested by the City Attorney provide better clarity and do not change the intent of the language originally recommended by the Commission. Please review the language and if you have any questions or concerns, feel free to contact me at darren@tiRa~rd-or.gov or 503- 718-2442. See you on Monday the 6th. 2 ATTACHMENT 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes August 18, 2008 1. CALL TO ORDER Acting President Jeremy Vermilyea called the meeting to order at 7:03 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Acting President Vermilyea; Commissioners: Anderson, Caffall, Doherty, Fishel, Hasman, and Muldoon Commissioners Absent: President Inman, Commissioner Walsh Staff Present: Darren Wyss, Senior Planner; Marissa Daniels, Assistant Planner; Doreen Laughlin, Administrative Specialist II 3. COMMUNICATIONS It was noted there would be only one meeting in September due to the Labor Day holiday. That meeting would be September 15 and Councilor Buehner would attend and entertain any questions they might have of her as the liaison to the commission. 4. APPROVE MEETING MINUTES Minutes were not yet complete from the last meeting, so two sets of minutes were up for approval. There was a motion by Commissioner Muldoon, seconded by Commissioner Fishel, to approve the July 21, 2008 minutes. The motion carried as follows: AYES: Anderson, Fishel, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: Caffall, Doherty EXCUSED: Inman, Walsh There was a motion by Commissioner Caffall, seconded by Commissioner Doherty, to approve the August 4, 2008 minutes. The motion carried as follows: AYES: Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, & Vermilyea. NAYS: None ABSTENTIONS: Muldoon EXCUSED: Inman, Walsh PLANNING COMMISSION MELTING MINUTES - August 18, 2008 - Page 1 of 8 1:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc 5. PUBLIC HEARING - Goal 14 Urbanization - CPA2008-00006 REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization 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: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. Senior Planner Darren Wyss explained that the Comp Plan Amendment before the Commission at this time would update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. He noted that the purpose of Goal 14 is "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." By adopting this amendment, the City will ensure continued compliance with state and regional requirements and programs, and also ensure future growth management decisions are made in the best interest of Tigard's citizens. The amendment will also replace outdated language that was adopted in 1983 and allow the City to be flexible and responsive to current conditions. The proposed amendment went thru a review process that included two Policy Interest Team (PIT) meetings hosted by the Planning Commission (PC). Wyss reminded the Commissioners that staff used the Planning Commission as host to Policy Interest Team meetings because of the important role the Commission has in helping to develop and implement the land use/growth management programs in the City. He said that staff felt that by being involved from the beginning, the Commission had a better opportunity to fully understand the concepts and information that they were being asked to make decisions upon. The PC and PIT members used the preliminary language formulated by staff and its associated commentary that explained the intention, to review and edit into the draft language found in Exhibit A. The language developed by the PC/PIT was also reviewed by City departments, local jurisdictions, state/regional agencies, and special service districts. He noted that comments are found under Sections VI and VII of the Staff Report. No changes were made based on their review. Additionally, the city attorney reviewed the language and staff report findings PLANNING COMMISSION MEETING MINUTES-August 18, 2008 - Pagc 2 of 8 I:\1APLN\Dorccn\PC\PC Packets for 2008\8-18-08 Public I Tearing-Wkshp\tpc minutes 8-18-08.doc and, based on this review, staff has made one minor change. The change is to Policy 3, under Goal 14.2 and was summarized in a July 28th memo to the PC. The suggested change follows: The City shall approve proposed annexations based on findings that the request eaft be A. Eliminates an island of 1. ted ter-pitor-y wid-~n the City; o can be accommodated by the City's public facilities and services; and B. Serviee a is consistent with applicable state statute. He said staff recommends adopting the language included in the amendment because it complies with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations. Vermilyea asked if the Commissioners had any questions of staff. There were some comments about the word "Citizen." Two of the commissioners asked staff to address the definition of "Citizen" in the "Definitions" section. PUBLIC HEARING OPENED Vermilyea opened up the meeting to public testimony. According to the signup sheet, there were no citizens present to testify either in favor or in opposition. He asked if there was anyone in the audience who would like to speak. No one asked to speak. PUBLIC HEARING CLOSED Vermilyea closed the public hearing and moved on to discussion. There was no discussion and Vermilyea said he would entertain a motion. Commissioner Caffall made a motion "We accept the Comprehensive Plan Amendment CPA2008-00006, including the recommendation by the City Attorney for a change in verbiage." Commissioner Hasman seconded the motion. The motion carried as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: None EXCUSED: Inman, Walsh 6. WORKSHOP - Introductions/Definitions Vermilyea opened up the workshop portion of the meeting. He noted the introduction section had not been revised - just the glossary section. He asked Wyss for an overview as follows: PLANNING COMMISSION MEETING MINUTU's - August 18, 2008 - Page 3 of 8 I:\1,RPI_N\Doreen\PC\PC Packets for 2008\8-18-08 Public I-Tearing-Wkshp\tpc minutes 8-18-08.doc Wyss noted the introduction (Attachment 1) would try to accomplish a number of things in the language. • A brief overview of the planning process and its importance to the community. • Outlines the intended purpose of the Comprehensive Plan and how it gets implemented. For example, it explicitly state the policies are not intended to be used as decision making criteria in most land use cases, but must be translated into codes and standards. • Defines goals, policies, and recommended action measures. • Purposely written to be straightforward, to the point, and not lengthy. • Staff feels all important information is included within the introduction itself and is looking for feedback from the perspective of the Planning Commission who will be charged with using this updated Comprehensive Plan when any kind of Comp Plan or Zoning Map Amendment comes before them. Definitions - • Definitions have been accumulating since the first amendment came before the Commission back in August of 2007. It's been over a year ago since the PC heard their first Comp Plan Amendment. • As each chapter met with the Policy Interest Teams, key terms were identified to be defined and then a definition was brought forward. • The definitions are based on accepted, federal, state, or regional definitions when available. Otherwise, staff or a PIT member presented a widely accepted definition and a consensus would be reached as to which definition best fits Tigard. • Planning Commission has reviewed these definitions throughout the process and at some point has asked for more detail, more terms to be defined, and suggested some changes. • City Council has reviewed these definitions. They've asked for more definitions and made some suggestions for improvement. Vermilyea, at this point, took the commissioners through the Introduction, Plan Background, Purpose of the Plan, and its Implementation, Format of the Plan, and Definitions of Obligations of Goals, Policies, and Recommended Action Measures. One commissioner wanted clarification as to whether this "Introduction" is for the entire Comprehensive Plan. Wyss answered that, yes, it is for the entire Plan. There were no other significant questions or comments other than it was well written. When Vermilyea asked if anyone had anything else to add or comment on he said that by their silence we could assume the commissioners are all fine with the way it is written - no changes necessary. Everyone agreed. PLANNING COMMISSION MEETING MINU ITS - August 18, 2008 - Page 4 of 8 ]:\LI2PLN\lloreen\PC\PC Packets for 2008\8-18-08 Public ]-Iearing-Wkshp\tpc minutes 8-18-08.doc GLOSSARY Wyss informed the commissioners that a new glossary had been distributed (Attachment 2) and he flagged the ones that had either been changed or were added. At this point in the meeting Vermilyea suggested that if any of the definitions were taken from a 3td party source (such as FEMA, Metro, etc) they would skip those and focus on those that were staff produced - as well as the ones flagged for additional attention. There was no objection to that approach. Vermilyea went over the definitions (as described above) and the ones that were commented on are listed below (Staff response is in italics): Citizen: A commissioner wanted to know... What is the impact of changing the term Citizen - to what extent would the document have to change if they were to change the term citizen. I'll look through document and see how it impacts. Staff will do some homework on this. Community Recreation Facilities: re: "owned and operated to promote the health etc." Does that mean the City has ownership? No. Should we strike the words "owned and" - Staff will do homework on this as well. Community Parks: Why does it state "greater than 15 acres"? It's a consistent standard and is in our Parks Master Plan. Downtown Tigard: What are the boundaries? Fanno Creek up Main St includes some commercial areas on the other side of 99V down Hall Blvd, includes S properties on the east side of Hall Blvd. City Hall is included. SW of Fanno Creek as well. Encourage: Where did we get the definition? Numerous sources - we settled on one that was common to all of them. `Support" is not defined. Could we get a good definition of support? Yes, we can. Environmental Performance Standards: This seems to be an explanation rather than a definition. It was suggested that instead of defining this, simply cross reference it to "See TCDC Chapter 18.725." Okay -that works. Family Wage: I don't know what "average covered pay" means... could you check that out? Yes, will do. Full Service Recreation Facilities: I'm confused about the word "together." Should we change it to "these facilities provide?" Staff will do some further checking on that with Duane Roberts (Associate Planner). Functions & Services: At this point, audience member, Sue Beilke, spoke (her remarks were typed out and are Attachment 3). Vermilyea suggested the definition of parks be looked at PLANNING COMMISSION MIST LING MINUITS - August 18, 2008 - Page 5 of 8 1:\LRI'LN\lloreen\PC\1'C Packets for 2008\8-18-08 Public bearing-Wkshp\tpc minutes 8-18-08.doc more closely when the park plan is revised and Ms. Beilke's issues addressed in the context of that update. Green Concepts and Practices: It was suggested that in the second sentence... strike the word "new" and change to "proven"... Commissioner Muldoon suggested adding "demand response." It was decided Muldoon and Wyss would get together and wordsmith this and come back to the next meeting with it. Greenspace/Greenway (Size should be adequate to protect the resource): Vermilyea questioned a parenthetical being in there and suggested it be stricken and put into the definition itself if necessary. Wyss agreed with Verrnilyea. Hazardous Tree: Will be ISA standard. "A tree or tree part that is likely to fail and cause damage or injury and in all likelihood exceeds an acceptable level of risk." Beilke questioned the broadness of the definition. It'rgeneral in order to get us to the Development Code (Tree Code) writing stage - and that's the point when it will be fully defined. Historic & Cultural Resources: Strike the word "the" and substitute "a" nation. Strike "and/" to make it just "or Tigard." So the sentence would read Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of a Nation, Oregon, or Tigard. Invasive Species: Add the words "invasive species" after "many" in the last line so it would read "Left unchecked, many invasive species have the potential, etc." Landslides: Take out "recognized as" and simply state "that is a natural hazard" Linear Parks (Of adequate size to protect natural resources and accommodate intended uses): Where did this definition come from? Wyss assumes it came from the Parks Master Plan but will get back with the answer. Open Space: Add to the end of the last sentence (after trail-oriented recreation), "and areas set aside solely for protection and conservation of fish and wildlife habitat species." Peak Oil: There is no policy language that refers to it... Strike definition. Promote: Define support. Proven Community Need: Doesn't seem clear. How is it "proven"? It was suggested to change it to read "A need supported by evidence that is necessary to amend land use maps, and ensures that the new land use being proposed is needed in the community in that particular location, versus other appropriately designated and developable sites. After much discussion it was suggested they flag this one for the City Attorney to look at. PLANNING COMMISSION MUTING MINUTES-August 18,2008 - Page G of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc Rare: See Beilke's remarks (Attachment 3), she would like this definition added - Wyss will look up the state of Oregon definition for "rare species" "threatened species" and "endangered species." It should be included. Wyss will bring back the definitions. Regionally Significant Habitat: Significant can mean "important" or in reference to "numbers." lYlyss will define significant habitat and also re gionally significant habitat. Renewable Energy - Try to find a good external source for this definition. It was suggested Public Utilities Commission would be a good source. Rent: Delete "over time". Special Use Area: A park? Wyss will find origin of definition. Upland Habitat: Beilke suggested an example (Attachment 3) - Commissioners said to leave out parenthetical (locations). Urban Forest: Take out verbiage "collectively" and "broadly defined." Change to simply read "All the trees within the City." Urban Forest, Diverse: Combine Urban Forest into one definition. We will flag this one for cleanup. Wildfire: Not just limited to "on foresdand" - Staff take a look at how BLM or the State Dept of Forestry defines wildfire. Vermilyea closed the glossary portion of the meeting and went on to: Comprehensive Plan Map Legend (Color coded designations) There were no comments on this. The next meeting is a Public Hearing - Darren will give definitions to Commissioners and invited them to send comments. Sept 15 7. OTHER BUSINESS - Vermilyea gave date of upcoming public hearing - (September 15 - Planning Commission - "Introduction and Definitions"). Marissa Daniels (Assistant Planner) reminded the Commissioners of the High Capacity Transit Open House Metro would be holding, and the City of Tigard would be hosting, on Wednesday, August 20th at the library in the Community Room. PLANNING COMMISSION MEETING MINU17sS - August 18, 2008 - Page 7 of 8 I:\LRPLN\Doreen\PC\PC: Packets for 2008\8-18-08 Public I-leanng-Wkshp\tpc minutes 8-18-08.doc 8. ADJOURNMENT Acting President Vermilyea adjourned the meeting at 9:39 p.m. G Doreen Laughlin, Administrati Sp ialist II ATTE Actin President Jeremy ermilyea PLANNING COMMISSION MELTING MINUTLS - August 18, 2008 - Page 8 of 8 I:\LRPLN\Doreen\PC\PC Packets for 2008\8-18-08 Public Hearing-Wkshp\tpc minutes 8-18-08.doc EXHIBIT A August 18, 2008 Urbanization A significant challenge faced by many communities is how to manage growth, particularly the transition from rural to urban land uses, or redevelopment to more intense land uses. As Tigard moves into the future, the City must manage growth for the benefit of its citizens and businesses. The City must ensure that growth decisions result in high-quality development, protect natural resources, provide services in a coordinated and logical manner, and are fiscally sound. The thoughtful planning of growth will help to accommodate future population and employment, while addressing the community's desire for a high quality of life. The goals and policies contained in this chapter establish the basis for Tigard's growth management decisions as they pertain to new lands that may be added to the City. The policies also provide guidance on the City's commitment to coordinating the provision of public facilities and services to urban development, to help curb urban sprawl, and addressing the urbanization of unincorporated lands. Coordination with the City's regional partners is particularly important to the successful implementation of these policies. Goal 14: Urbanization "To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. The development of the initial UGB for the region began in 1976 and was adopted in 1980 by Metro Council and acknowledged by the Land Conservation and Development Commission as being in compliance with Statewide Planning Goals. Metro has expanded the UGB a number of times over the years and currently Metro's management of the UGB is regulated through Title 11 of the Metropolitan Urban Growth Management Functional Plan (UGMFP). The UGMFP is a result of the state requiring Metro to develop goals and objectives to show consistency with the Statewide Planning Goals, particularly the efficient use of existing urban land to protect against unnecessary urban encroachment into prime agricultural and forest land. The Metro goals and objectives, adopted in the mid-1990s as the Regional Urban Growth Goals and Objectives (RUGGO), are part of the Regional Framework Plan (1997). The Regional Framework Plan includes Metro's 2040 Growth Concept (1995), which is intended to result in a more compact urban form. The UGMFP implements RUGGO and contains several requirements for local implementation, including accommodating Metros 2040 Growth Concept City of Tigard 1 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 Tigard's geographic relationship to the UGB has not changed over time as its city limits have never at any time touched, or approached, the UGB. This is a result of Tigard being surrounded on the north, east, and south borders by the adjacent cities of Beaverton, Portland, Lake Oswego, Durham, Tualatin, and King City, while the west border of Tigard is separated from the UGB by the unincorporated Bull Mountain area that currently contains urban level development. Expansion of the Tigard city limits requires annexation of the already developed unincorporated urban lands. Experience has shown that property owners are, for the most part, reluctant to annex when they have access to urban services and benefits; those provided by the county and service districts, and those located within Tigard such as parks, library, emergency police response, employment, and shopping opportunities. More efficient use of existing and underdeveloped City lands and unincorporated urban level development are the primary issues facing the City's growth management decisions. There are few large, vacant parcels of developable land remaining in the City, but there are significant opportunities for redevelopment. The City's downtown and major transportation corridors present feasible opportunities. Pertaining to unincorporated development, the City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance provider within the Urban Planning Area (UPA). However, almost all of the unincorporated area has been urbanized by Washington County. The current UPA encompasses the city limits as well as unincorporated areas of Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain (areas 63 and 64) additions to the UGB. As required by Oregon Revised Statute 195, the City has also entered into the Tigard Urban Service Agreement with agencies/ districts that provide services within Tigard Urban Services Area (TUSA). The agreement outlines the role, provision, area, and planning/ coordination responsibilities for service providers operating with the TUSA. The TUSA is unportant to the City, particularly the planning and coordinating with special districts, because it helps the City to ensure the best services are provided to its citizens. The Agreement was last updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, which coincides with the UPA. The City put forward a plan to annex the unincorporated Bull Mountain area of the TUSA to voters in 2004. City of Tigard residents overwhelmingly passed the measure, but residents in the area to be annexed soundly defeated it, thus leaving the status quo. Then in 2006 an incorporation effort took place to form the City of Bull Mountain and was again turned down by voters. The issue of unincorporated urban level development gets more complex as Washington County master plans areas 63 and 64 without answering the question as to who will provide governance and urban services. The position of the City of Tigard is that cities are better equipped to provide governance and urban level services than counties. Tigard currently is precluded from providing urban services to these areas as evidenced by the annexation vote in 2004. Until areas 63 and 64 can be included within an existing city, the City of Tigard opposes the provision of services that would allow for urban level development within the areas. City of Tigard 2 Goal 14: Urbanization Planning Commission Hearing CPr12008-00006 Additionally, Washington County is collaborating with Metro jurisdictions to identify urban and rural reserves that will dictate any needed future UGB expansions. The provision and financing of public services and facilities to these areas remains unclear and a major growth management question for the City of Tigard in planning for the future. The City of Tigard is committed to providing its residents with governance and urban services in an efficient and cost effective manner. Any expansion of the City boundary must ensure that public facilities and services are adequate to support the area and those benefiting from the services pay their fair share. Key Findings ■ Metro manages the expansion of the Portland Metropolitan Urban Growth Boundary. • The Regional Urban Growth Goals and Objectives are intended to result in more compact urban growth. • The City of Tigard has entered into agreements with Washington County that identifies the City as the ultimate governance provider in the designated Tigard Urban Service Area. • Almost all of the City's currently identified Urban Services Area has been urbanized in unincorporated Washington County: ■ Unless current state law and county policies change, it is not realistic that Tigard will annex and provide services to urban growth boundary expansion areas 63 and 64. ■ The provision and financing of services to areas 63 and 64 is a major growth management question for the City. • The City of Tigard is committed to managing urban growth wisely and providing efficient and cost effective services to its residents. ■ The citizens of Tigard are concerned about growth and its impact upon the community's natural resources, existing development, and public services. Goal: 14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. Policies: 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation). 2. The City shall maintain, and amend when necessary, agreements with Washington County that recognizes the City as the ultimate provider of governance and identified services to the Tigard Urban Services Area. City of Tigard 3 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 3. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. 4. The City shall protect the existing and future delivery of City services and only support the formation of a new.service district, or expansion of existing districts, that will not create a conflict within the Tigard Urban Services Area. 5. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. define short and long term service provision roles; B. specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. provide for the coordination of plans and programs to eliminate duplicity and minimize conflict; and D. ensure that services are provided consistent with the City's adopted Public Facility Plan. Recommended Action Measures: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and mandate annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincorporated urban lands within the Urban Growth Boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. V. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorporated properties. City of Tigard 4 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 Policies: 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and B. is consistent with applicable state statute. 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. 5. The City shall periodically update and/or amend its Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the Tigard city limits. Recommended Action Measures: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Clearly communicate and maintain a positive dialog with unincorporated residents within the Tigard Urban Services Area regarding the benefits associated with being a City resident. iii. Utilize and promote incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iv. Develop criteria and procedures to encourage and, when necessary, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex Goal: 14.3. Promote Tigard citizens' interests in urban growth boundary expansion and other regional and state growth management decision. City of Tigard 5 Goal 14: Urbanization Planning Commission Hearing CPr12008-00006 Policies: 1. The City shall support regional and state growth management decisions, while promoting policy that supports cities as the best building blocks of an efficient, stable, and compact urban region. 2. The City shall support regional Urban Growth Boundary management decisions that promote the development of an efficient and compact urban form, prevent future unincorporated urban development, and prevent urban sprawl. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. 4. The City shall only provide municipal services within its city limits, in the absence of a signed intergovernmental agreement. 5. The City shall only support the formation or expansion of service districts or special county funding levies if these actions will not cause the expansion of unincorporated urban areas. Recommended Action Measures: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of new lands that are added to the Urban Growth Boundary. iii. Encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County, its cities, Metro and others to address: a. public service equity issues associated with unincorporated urban development; and b. prevent blight conditions associated with underserved urban development. V. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to better provide for existing needs and support projected employment and population growth. City of Tigard 6 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 10. URBANIZATION n FiRd*Rg6 The City of T-69aFd grew from 5,302 peeple in 1970 to 44,296 people iR 1990 (GeRS616 1970 -8 1980) aRd the Gity pFediGt6 that Tigard will Gentinue to gmw te mare th A dei ible its n PAt size by the yeaF 2(-)(-)Q-. The rOurrent 1983 populatlGR 66 18,34. A PGFt*GR of this- 4; d.,p to aRRexat*916 The City I'M# have expaRded by appFeximately 4.4 squape miles 6!RGe 197-0, to its pFeGeRt 6wZ of appFeximately 8.6 6quare miles. M !aRd6 WithiR the TiqaFd WrbaR RlaRRing Area ar. well a6 the City Limits have been de6iqRate BOURdwy- The area wethen the T-ogaFd WFban RaRROR9 AFea, but outside the GUFFeRt Gity Limits, that i6 no a'Feady developed to urban iRten6ities will be made available for via aR IJFban The enteRt of the Gity is to provide f9F an eFdeF!y aRd effiGieRt IaRd urse pattern and- u r -h;-; A SePVOGes wh'Gh must be available at the time of deve!GpmepA- City of Tigard 7 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 WhiGh Will quide the timing, type and leGation of grGMh. Major trunk line 6ewp-.r A-a-Roir-e- in the Tiqwd IJFban P'aRR'Rg AFea '6 pFavided by the Unified i lapre Qn January 1, 1994 (or a kater date -if the partie6 extend the agreement) and the ING agreement between the narfio is reviver! WrA4 . 10-4 ANNEXAT-ION OF LAND A (l I.~crvicv 101 1 PRIOR Tel TuC AAIAICYATION' OF I AND TO THE CITY OF TIr' RD ru€ roITY count €VI€W R.A. ' . 8F TH€ FOLLOWING FOLLOWING SERVICES AS To AA Qo°Tcf ADAGIITV OR coru TC-€€ Ml.-D-F !1Vl~Ij=AE3L€, To RRMI= Tu€ PARC€I= IF D€V€6OR€C-T-O TH€ MOST INTENSE lJSE ALLOWED* AND WILL NOT SIGNIFICANTLY R€DIJGE THE 6€V€6 OF S€RVIr€S AVAILAKE TO nFEVED noGn AND I IAIP F_=VEJ r+PE[) ND WITS TH€ CITYOF TIGARD. T-HR 2ERVGES 1. WATER; :2. oEVVE-R; City of Tigard 8 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 5- POLICE, AND GIPC DPf1TGf TI(lAl * Plan. i4 E= FQI I OWIA~& ~rra_-t-vcc vr v. THE OF A LOCAL 1D.-A-P-R-QVF=ME-WT D' ;TRIG-T- !'1G TUG Gill I !'UA/L iv. ~17~ A/C D,\ IIRAtAlAC2G• AAIT1 iJ\ CTPGGT__Sr TI-IC FORD4ATI(lAl~1 A C CrIAI DISTRICT FOR ANY OF THE-ARC)NIE THE GIP( SHAI I PROVIDE I-IRRAN .-SERVICES T-Q AREAS WITHIN THE TIGARD URBAN PLANNING AREA --QR IWITH THE URBAN GRCAA4H 6&1~16ARS( UPON ANNEX AT~QW. ~ANNFXATIQ~j YATl C AN CYICTING "DROCKFT" OR "ICI AND" OF R TiC 4AIAIC IN CT CRT C DAP(`CI IC \A/ITl-IIAI f1D !ll_1SnG TL T~ THE ANNEXATION CAN RE--AGG(DMMQDATF=D BY THE SERVICES LIST-ED IN W 1 3-- UPON ANNEXATION OF I AND INTO THE CITY WHIGH GARRIES A ~AA SHINGTQN GOI INITY ZGNING DESIGNATION, THE CITY OF TIG A RD SHALL ASSIGN THE CITY WHIGH - (Rev. QFd. 84 21) City of Tigard 9 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 10 7 E TCAI I N Q CCRVICEC Q1 ITCIDE THE CITY 1 14AAIIT-g D111,-vI cGIES U THR QTY SHA' ' -NOT APPROVE THE EXTENSIONL-Orm CITY OR UNIFIED SRAIRRAG€ AG€NG_YTICoA1 I IAIEC EYC`EPT• Q A~FC` I..SWR~ I=r=n TQ THE GITV• OR COUNTY AND SURPAITTED TO TH&GITY; OR WHriRE THE APRUGARI E STATE OR COUNTY uE nCCI eRCn T 'ATT CRC I A PCITFAITIAI OR IMMINENT _HEA1 TH I-IA74RD 10.2.2 IN ADDITION TQ--THF_= RE-QUIREEMENTS-05 POLICY 40.2.1, THE EXTENSION OF 2 ~ R I~wr=_s; ouTSIDE OF THE CITY I InnITC SHALL NOT RED ICE THE CAPAC`ITY REI UN THE R=01 11REn 1 GVCI FOR AREAS \AIITL-IIAI THF= C1TV 19.2.3 AS A PRE-CONDITION. TO THE APPROVAL OF THEM EXTENSION OF-SERVICES OUTSIDE THE GITY LIMITS, THE CITY SHAI I H41VE THE RIGHT OF REVIEW FOR ALL IDEVE-1-OPMENT PROPOSALS OUTSIDETHE TIGARID CITY ILIPAI T-2- BUT WITHIN THE TIaARD I IRRAN PI AMAIN ARC (REGERCAICC TIGARD'S I IRRAN PI AAInIIJ iIG _.46_~EEMMENMS WITH WASHINGTON GO UNITY). THE (;!T-Y 2 A- R THAT DEVELOPMENT WII I AIQI PRE`I I InC TH€-F=v~?TfrHER DEVEI ORMENT OF T14E= PROPERTIES URBAN D-ENSITIES; AND STANDARIDSi OR b -PREGLIJIDE-TH€ --21 - IBS€Ql- J€NT [DEVELOPMENT PRGPERTICC THIS REVIEW SHAT I IAICI I InE THE EC11CIOWING FACTORS AS SET FORTM IN --~T4Cp f T a-1=0A.D In 1usp- bDENSITY; 6 171 ACEAWNT OF STRI ICTI IRES QAl THE CITEi v iv <c cl. STREET AI ICAIAACNT-i AND P. DRAINAGE. IAAPI Eft ENT-ATION GIPS The Gity shall enGOUrage all Af the - whanizable I;;Ad within Tigard'6 Urban PlanRinq Area to bee ithin the City GempFeheR6ive Plan. City of Tigard 10 Goal 14: Urbanization Planning Commission Hearing CPA2008-00006 a. WrbaR development in6ide Tigard Urban RaRR'nq Area (T.U.P.A.) will be enG()Uraged to annex te the Gity of Tigard. areas only afteF a therough study addre66'Rg 6tatev.fid-e PlanpiRg Gqa'6, aRd City and dm6tF*Gts and there wears passed eveF by urban developMeRt. 10.3 ANNEXATION OF LAND OUT-SIDE THE URBAN GROWTH BOUNDARY pnli ~LICIES HALL GO SIDER ANNEXATION REQUESTS OUT-SIDE -THE-TIGARB U63.1 rrl~ CITY- THE Sl n 1 ~ GONSISTENT WITH POLICIES 104 AND 19r AND MEND-MENIIT QFm Tkl€ v cn~v1 cl~ i .GDCGAACAIT CCT A(FEE I THE CITY AND THE (`Q! IAITV 1 Q. 3.2 THE CITY- SHALL DISCOI JRAr~F= Fm PANSION OP THE TIGARD URBAN PLANNING City of Tigard 11 Goal 14: Urbanization Planning Commission Hearing CPr12008-00006 ATTACHMENT 1 August 11, 2008 Introduction Plan Background The City of Tigard Comprehensive Plan acts as the City's "land use constitution". It is the document that provides the broad policy basis for Tigard's land use planning program and ultimately guides all actions relating to the use of land in the city. The Plan also signals that the City's land use planning efforts will implement state and regional requirements, including Oregon's land use planning goals and related laws, state administrative rules, and applicable Metro plans and requirements. As importantly, the Plan acts to coordinate actions with local jurisdictions and state and federal agencies that may have a stake in Tigard's land use policies and implementing regulations and actions. In addition to its legislative and coordination roles, the City of Tigard Comprehensive Plan also reflects community values and aspirations about Tigard's future. The Plan aims to organize City actions and programs that define relationships between land use goals and policies and community livability, economic vitality, provision of needed public facilities, citizen involvement, etc. The 2008 City of Tigard Comprehensive Plan is the first complete update of the City's original 1983 Plan. The goals, policies, and recommended action measures included in this document take into account the broad range of changes that have occurred since the original Plan was adopted and acknowledged by the state 25 years ago. These current conditions and projected trends are summarized in the Tigard 2007 Resource Deport, which provides the substantive factual basis for many of the Plan chapters. Citizen involvement was also an integral element in the update of the Plan. The citizen involvement program included many community meetings and public hearings, as well as considering relevant findings from past citizen surveys and 10 years of citizen engagement associated with the Tigard Beyond Tomorrow visioning project. Through these efforts, values and attitudes of Tigard's citizens were incorporated into the updated City of Tigard Comprehensive Plan. Purpose of the Plan and Its Implementation The City of Tigard Comprehensive Plan is required by state law to be consistent with 12 of the 19 Oregon Statewide Land Use Planning Goals. Local jurisdictions within the Metro regional planning boundary must also be consistent and coordinated with relevant Metro requirements such as the Urban Growth Management Functional Plan and the Regional Transportation Plan. To this end, the Oregon Department of Land Conservation and Development (DLCD) has approved or "acknowledged" the City's Plan as being in "compliance" with the statewide planning goals and consistent with Metro requirements. The City undertook the update of the Plan through the state's Post Acknowledgement Plan Amendment (PAPA) process. Each Plan chapter was separately reviewed by DLCD and found compliant with the statewide planning goals. Furthermore, each Plan chapter was subject to public hearings by both the Tigard Planning Commission and the Tigard City Council. During this process legislative findings were made for each chapter concerning consistency with local policy, state goals, and Metro requirements. City of Tigard 1 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction- Draft Once "acknowledged", the City of Tigard Comprehensive Plan provides the foundation for actions relating to the update and maintenance of its land use planning program. These actions are accomplished though specific legislative proceedings and include the adoption of codes and standards, public facility plans, capital improvement plans, transportation system plans, etc. It is important to stress that state law does not allow comprehensive plan policies to be directly used as decision-making criteria for most land use decisions. In order for comprehensive plan policies to be applicable to decisions (e.g. subdivision/land partition approval, site design review, tree protection), they must be translated into clear and objective standards such as those found in the Tigard Community Development Code. However, plan policies can be applied to discretionary land use decisions, such as conditional use applications. The primary purpose of the City of Tigard Comprehensive Plan policies are to direct decide legislative decisions such as Plan and Zoning Map amendments, special area plan adoption, and as mentioned previously, adopting development regulations. The City of Tigard Comprehensive Plan is also a document that represents the land use vision and values of the community. Many of the Plan's policies are written as mandatory statements, while others have more aspirational qualities. Depending on the situation, both types of policy have the potential to be used by the Tigard City Council and/or the Tigard Planning Commission as decision-making criteria. Ultimately, it is at the discretion of the City's elected leadership whether or not some policy statements versus others are applicable to given circumstances. Even though all goals and policies, including those that are appirational, are statements of public policy, there are practical limitations to the degree which they can be implemented. The discretion to what degree Plan policies are implemented belongs primarily to the City Council. Implementing measures are subject to constraints such as availability of funds, changes in law (federal, state, or regional), and constitutional limitations. Furthermore, the City and other governments' responsibilities in the areas of public safety may require emergency actions which would otherwise require adherence to specific permit requirements and findings of plan compliance. As the Plan is "comprehensive" in nature, there are no parts which can be considered separately from others. Plan goals and policies are intended to be supportive of one another. However, if conflicts arise between goals and policies when using the plan, the City has an obligation to make findings which indicate why the goal or policy being supported takes precedence. This involves a decision-making process on part of the City which balances and weighs the applicability and merits of the goals and policies that are in contention. The Plan is also intended to be an organizational and management tool to help guide the decisions of City staff and set City goals relating to the use of land. Because the Plan is based on an in-depth analysis of community values, accepted by a broad range of agencies, and determined to be legally compliant with state law and Metro rules, it is a resource to help guide and inform City decisions. However, from an operational perspective the plan is not mandatory. The City can conduct its operations and develop projects consistent with applicable law including its own land use codes and standards. For the Comprehensive Plan to remain relevant, it needs to be updated periodically to be responsive to changing conditions. In fact, state law requires jurisdictions to periodically review their plans. The updated City of Tigard Comprehensive Plan emphasizes several times the importance of City of Tigard 2 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction- Draft updating/revising the Plan as needed to ensure it is current and responsive to community needs and consistent with applicable laws. Format of the Plan The City of Tigard Comprehensive Plan is organized by chapters that address each applicable Statewide Land Used Planning Goal. Additionally, areas identified as having unique planning needs or land use characteristics are identified under the tide of "Special Planning Areas." Every chapter begins with a background and key findings summary followed by goals, policies and recommended action measures. A glossary of key terms is at the end of the document, as are descriptions of Tigard's Comprehensive Plan Map designations. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Goals, policies and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end, but do not signify an obligation themselves. The following describes goals, policies, and recommended action measures in greater detail. Goal Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. Policy Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the City of Tigard Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Plan, the City must show consistency with the Statewide Land Use Planning Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. Recommended Action Measures Definition - A statement which outlines a specific City project or standard which, if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Plan goals and policies. City of Tigard 3 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction- Draft Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff availability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the plan does not obligate the City to accomplish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Plan. The list of recommended action measures is not exclusive. It may be added to, or amended, as conditions warrant. City of Tigard 4 Planning Commission Workshop CPA2008-00009 Comp Plan Introduction- Draft ATTACHMENT 2 Glossary 100-year Floodplain - An area of land adjacent to a river, stream, lake, estuary, or other water body that FEMA identifies as having a 1% chance of being inundated by flood waters in any year. (FEMA) Adaptive Management - A management approach that seeks to improve the effectiveness of a policy or process by establishing measurable baseline conditions and desired end goals, periodically measuring the success of existing actions against those goals, and making corrections as necessary to improve success. Affordable Housing - The accepted definition found in federal and state programs is housing that costs a household no more than 30% of its gross income for rent and utilities. ([J.S. Department of Housing and Urban Development) Biodiversity - The full range of variety and variability within and among living organisms and the ecological complexes in which they occur, and encompasses ecosystem or community diversity, species diversity, and genetic diversity. (US Congressional Biodiversity Act, 1990) Citizen - Any individual within the planning area; any public or private entity or association within the planning area, including corporations, governmental and private agencies, associations, firms, partnerships, joint stock companies and any group of citizens. Citizen Involvement Program - A program established by a city or county to ensure the extensive, ongoing involvement of local citizens in planning. Such programs are required by Goal 1, "Citizen Involvement," and contain or address the six components described in that goal. (State of Oregon) Clean Water Services (CWS) - A public utility committed to protecting water resources in the Tualatin River Watershed through innovative wastewater and stormwater services, flood management projects, water quality and stream enhancement projects, fish habitat protection, and more. Committee for Citizen Involvement (CCI) - A local group appointed by a governing body for these purposes: assisting the governing body with the development of a program that promotes and enhances citizen involvement in land use planning; assisting in the implementation of the citizen involvement program; and evaluating the process being used for citizen involvement. (State of Oregon) Community Recreation Facilities - The wide variety of indoor and outdoor sports and leisure facilities owned and operated to promote the health and well-being of the public. Some are used primarily for. active recreation, others designated for passive uses, with some overlap among or within individual facilities. Community Parks (Greater than 15 acres) - Provide a variety of active and passive recreational opportunities for all age groups. These parks are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include developed facilities for organized group activity as well as facilities for individual and family activities. City of Tigard Planning Commission Workshop CPA2008-00009 1 Comp Plan Glossary - Draft Compatibility - The ability of adjacent and/or dissimilar land uses to co-exist without aesthetic, environmental, and/or operational conflicts that would prevent persons to enjoy, occupy, or use their properties without interference. A variety of remedies to compatibility conflicts are normally provided in a jurisdiction's land use program; including limited land use designation, buffering, screening, site and building design standards, transportation facility design, etc. Development - Any man-made change to improved or unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, dredging, filling, excavation, drilling or removal of trees. (FEMA) Downtown Tigard - The area of the City that is included within the Urban Renewal District. Economic Gardening - Strategies and programs aimed at helping a community's existing businesses and entrepreneurs grow into healthy, vibrant companies with a strong employment base. (Portland Regional Partners for Business) Efficient Use of Land - Utilization of urban lands in a way that prevents urban sprawl, maximizes the use of existing infrastructure, reduces the need for automobile travel, conserves energy, and provides for easy access to needed goods and services. The efficient use of land also means the application of development principles that result in less land being utilized to accommodate specific uses, thus resulting in compact urban development. Effective Impervious Area - Impervious area such as rooftops, streets, sidewalks, and parking areas do not allow water to drain into the soil. Impervious area that collects and drains the water directly to a stream or wetland system via pipes or sheet flow is considered "effective impervious area", because it effectively drains the landscape. Impervious area that drains to landscaping, swales, parks and other pervious areas is considered "ineffective" because the water is allowed to infiltrate through the soil and into ground water, without a direct connection to the stream or wetland. (Clean Water Services) Employment and Industrial Areas - Areas identified in Title 4 of the Metro Urban Growtb Management Functional Plan as being important to the region's economy. These. areas are subject to certain limitations on the type and scale of non-industrial uses. (Metro) Encourage - Support, advocate, or take affirmative action to achieve a particular community objective. Environmental Performance Standards - Located in the Tigard Community Development Code Chapter 18.725, their purpose is to apply the federal and state environmental laws, rules, and regulations to development within the City of Tigard. Family Wage - The average covered pay per worker across all industries, typically at the county level. (Oregon Economic and Community Development Department) City of Tigard Planning Commission Workshop CPA2008-00009 2 Comp Plan Glossary - Draft Feasible - Reasonably capable of being done, executed, or effected with the means at hand and circumstances as they are; practicable. Federal Emergency Management Agency (FEMA) - The federal agency responsible for administering the National Flood Insurance Program Fine Particulate Matter - Air pollution comprised of solid particles or liquid droplets that are less than 10 microns in diameter or less than 2.5 microns in diameter. Particles in these size ranges are of great concern because they can be inhaled deeply into the lungs where they can remain for years. (State of Oregon) Floodplain -The area adjoining a stream, tidal estuary, or coast that is subject to regional flooding. (FEMA) Franchise Agreements -The right to provide service granted to a person pursuant to the 'Tigard Municipal Code, including the establishment of rates by the City. Full Service Recreation Facilities - Recreation facilities that provide a diverse, as opposed to a limited, array of recreation choices. Together, these facilities allow for a wide spectrum of recreational programs and activities that meet the recreational and leisure needs of community residents. Functions and Services - The physical, chemical, and biological processes or attributes that contribute to the self-maintenance of a natural system and the benefits human populations derive, either directly or indirectly, from them. An example of a function is the provision of wildlife habitat or the trapping of nutrients, while a service would be supporting the food chain or provision of clean water. Goal - A general statement indicating a desired end or the direction the City will follow to achieve that end. Green Concepts and Practices - Refers to measures to increase re-use and recycling programs, on-site filtration, integrated pest management, the utilizing of new technologies for conservation and energy efficiency, and other best management and operation practices. Greenspace/Greenway (Size should be adequate to protect the resource) - An area of natural quality that protects valuable natural resources and provides wildlife habitat. It also provides opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Habitat - An area upon which fish and/or wildlife depends in order to meet their requirements for food, water, mobility, security, and reproduction. Hazardous Tree - a tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. (International Society of Arboriculture) City of Tigard Planning Commission Workshop CPA2008-00009 3 Comp Plan Glossary - Draft Hazardous Waste - A solid waste (solid waste includes solids, liquids and compressed gases) that possesses at least one of four characteristics (ignitibility, corrosivity, reactivity, or toxicity), or that appears on federal or state official lists of hazardous wastes. A solid waste is a hazardous waste if is: - Defined by Title 40 of the Code of Federal Regulations (CFR), Part 261 as a hazardous waste; or - A "state-only" waste defined as hazardous in the State of Oregon. Oregon includes six categories of waste in OAR 340-101-0033. (State of Oregon) Healthy Streams Plan - Approved by CWS in June 2005, the goal of the plan is to utilize scientific knowledge and innovation to improve watershed and stream health for community benefit. Historic and Cultural Resources - Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural identity, of the Nation, Oregon, and/or Tigard. Household Hazardous Waste - Any discarded, useless, or wnvanted chemical materials or products that are or may be hazardous or toxic to the public or the environment and are commonly used in or around households. Residential waste that is ignitable, corrosive, reactive, or toxic. Examples include solvents, pesticides, cleaners, and paints. (State of Oregon) Impervious Surface - A solid surface, such as streets, parking lots, and roofs, that prevents rain from being absorbed into the soil, thereby increasing the amount of water runoff that typically reaches a receiving stream. Industry Cluster - Groups of similar and related firms in a defined geographic area that share common markets, technologies, worker skill needs, and which are often linked by buyer-seller relationships. (Oregon Business Plan) Innovative Business - A business involved in the creation of new knowledge (invention); the transformation of new knowledge into new products, processes, systems or services (translation) ; and/or the creation of economic value with new products, processes, systems or service (commercialization). (Oregon Economic and Community Development Dept.) Intelligent Transportation Systems - A broad range of diverse technologies which, when applied to our current transportation system, can help improve safety, reduce congestion, enhance mobility, minimize environmental impacts, save energy, and promote economic productivity. Intergovernmental Agreement (IGA) - The most common method, usually in the form of a signed legal contract, for neighboring jurisdictions to cooperate on providing services or implementing programs. Invasive Species - Plants, animals, and microbes not native to a region, which when introduced either accidentally or intentionally, out-compete native species for available resources, reproduce prolifically, and dominate regions and ecosystems. Because they often arrive in new areas unaccompanied by their native predators, they can be difficult to control. Left unchecked, many have the potential to transform entire ecosystems, as native species and those that depend on them for food, shelter, and habitat disappear. City of Tigard Planning Commission Workshop CPA2008-00009 4 Comp Plan Glossary - Draft Landslides - The downslope movement of rock, soil, or related debris that is recognized as a natural hazard. Leadership in Energy and Environmental Design (LEED) - A nationally accepted benchmark for the design, construction, and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings' performance. LEED promotes a whole-building approach to sustami ability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality. Linear Parks (Of adequate size to protect natural resources and accommodate intended uses) - May be. developed along built or natural corridors to provide opportunities for trail-oriented outdoor recreation. Linear parks may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. Linear parks connect residences to mayor community destinations. Low Impact Development (LID) Practices - An approach to land development that uses various land use planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner that helps mitigate potential environmental impacts. Metro - The regional government of the Portland metropolitan area. The elected Metro Council is the policy setting body of the regional government. Mixed Use Zoning - An area of land within the Tigard city limits designated for buildings or structures with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form. Municipal Separate Storm Sewer System (MS4) Permit - Required by Section 208 of the Clean Water Act and held by Clean Water Services, the permit requires the implementation of stormwater pollution prevention plans or stormwater management programs (both using best management practices) that effectively reduce or prevent the discharge of pollutants into receiving waters. National Ambient Air Quality Standards - Established by the United States Environmental Protection Agency, the standards are designed to regulate air pollutants that are harmful to people and the environment. Primary standards are set at levels meant to protect human health, including sensitive populations such as children, the elderly, and individuals suffering from respiratory disease. Secondary standards are designed to protect public welfare (e.g. building facades, visibility, crops, and domestic animals). National Pollution Discharge Elimination System (NPDES) Permit - Held by Clean Water Services, the permit is required by the Clean Water Act, which prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit contains limits on what can be discharged, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. In essence, the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants. City of Tigard Planning Commission Workshop CPA2008-00009 5 Comp Plan Glossary - Draft Natural Area - City-owned land and water that has substantially retained its natural character and provides important habitat for plant, animal, or aquatic life. Such areas are not necessarily completely natural or undisturbed, but can be significant for the study of natural, historic, scientific, or paleontological features, or for the appreciation of natural features. (Statewide Planning Goals) Natural Resources - resources and resource systems identified in Statewide Planning Goal 5 including fish and wildlife habitats, wetlands, streams and associated riparian corridors, groundwater, and rare and endangered fish and wildlife, plants, and plant communities. Natural Systems - Interactive, interrelated, and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Nature in Neighborhoods Program - A Metro region conservation initiative that brings people and government together to ensure a healthy urban ecosystem. The initiative will align the region's conservation programs behind a strategic effort to protect clean water and healthy natural areas for fish, wildlife and people. It will add more hands-on capacity for conservation education and habitat restoration. Neighborhood Parks (4 to 14 acres) - The foundation of the parks and recreation system, they provide accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Open Space - Public or privately owned areas, both undeveloped or minimally developed, intended for nature-oriented recreation and the protection of natural resources. Open spaces may include developed facilities that support outdoor recreation and trail-oriented recreation. Park Services - A generic term used to refer to parks, recreation, trails, and open spaces collectively. Parks System Development Charges - Charges assessed to new developments for the acquisition and development of parks, open spaces, and paved trails. They are assessed based on the cost of providing these services to new City patrons. Peak Oil - The point in time when the world's endowment of oil has been 50 percent depleted. Once the peak is passed, oil production will begin to decline as costs begin rise. Pocket Parks (2,500 square feet to 2 acres) - Provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. Policy - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Promote - Support, advocate, or take affirmative action to achieve a particular community objective. City of Tigard Planning Commission Workshop CPA2008-00009 6 Comp Plan Glossary - Draft Proven Community Need - Evidence required to amend land use map(s), which ensures that the new land use being proposed is needed in the community in that particular location, versus other appropriately designated and developable sites. Public Facilities and Services - Publicly funded infrastructure and services, such as public safety, sanitary sewers, domestic water, water quality, parks, transportation, governance, etc. that are required for the community's safety, health, welfare, prosperity, and quality of life. Public Facility Plan - A support document or documents to the Comprehensive Plan that describes the sewer, water, and transportation facilities needed to support the land uses and densities designated in the Plan. It is less specific than a Capital Improvements Program and required by Oregon law for cities with a population of 2,500 or more. Public Interest - Shared interests often expressed as commonly held values that are perceived to be of general benefit to the whole community and the welfare of the general public versus that of specific entities, and which warrant recognition, promotion, and protection by the City. Recommended Action Measure - A statement which outlines a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Regionally Significant Habitat - Areas containing significant fish and wildlife habitat as identified and periodically updated though the Metro Nature in Neighborhoods Program. Renewable Energy - Energy sources that are replenished by natural processes on a sufficiently rapid time-scale. They can be used by humans more or less indefinitely, provided the quantity taken per unit of time is not too great. Rent - Payment over time for the use of City property for private wetlands mitigation. The term is used in the 1996 COT resolution (Res 96-42) pertaining to such use. Right-of-Way Usage Fee - Annual payment calculated as a percentage of gross revenue and assessed to all persons using a utility system or facility in the right-of-way to provide service to customers within the City of Tigard. Riparian Corridor - A Goal 5 resource area adjacent to a river, lake, or stream, and consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem. It includes the water areas, fish habitat, adjacent riparian areas, and wetlands. (Statewide Planning Goal 5) Riparian Habitat - Areas located within and dependent upon the unique habitat elements provided within a riparian corridor. Sensitive Lands - As defined in Chapter 18.775.010.G of the City of Tigard Community Development Code. City of Tigard Planning Commission Workshop CPA2008-00009 7 Comp Plan Glossary - Draft Severe Weather Hazards- This broadly defined hazard category includes windstorms, severe winter hazards (e.g., snow, ice, prolonged cold), thunderstorms, tornadoes, drought, prolonged extreme heat and other weather conditions that disrupt vital regional systems and threaten lives and property (Metro Regional Hazard Mitigation Policy and Planning Guide). Solar Access - Ability of sunlight to reach a solar collector unimpeded by trees, fences, buildings, or other obstruction. Solid Waste Collection and Disposal - Act of ensuring that any material no longer usable by the generator, producer, or the source of the material is properly disposed of or resource-recovered by another person. Special Needs Housing - Housing units which are available to a specific population, such as elderly, disabled, homeless, or people recovering from drug or alcohol abuse. Special Use Area (variable depending on desired size) - Public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. Stormwater - Precipitation that accumulates in natural and/or constructed storage and conveyance systems during and immediately following a storm event. Stormwater Management - Functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control, and/or convey stormwater. Stream Corridor - Area adjacent to a perennial or intermittent creek or river that protects the water quality functions of the stream as well as fish and wildlife habitat. Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. Sustainability requires simultaneously meeting environmental, economic and community needs. System Development Charge - A reimbursement fee, an improvement fee, or a combination thereof, assessed or collected at the time of increased usage of a capital improvement or the issuance of a development permit, building permit, or connection to the capital improvement. Tigard Urban Planning Area - Area identified in the Tigard Urban Planning Area Agreement (required by Statewide Land Use Planning Goal 2) with Washington County that will ultimately be under governance by the City. Tigard Urban Services Area (TUSA) - Area identified in the Tigard Urban Services Area Agreement (required by ORS 195) for which ultimate service providers are identified to ensure appropriate planning and delivery of urban level services. Total Maximum Daily Load (TMDL) - Calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the City of Tigard Planning Commission Workshop CPA2008-00009 8 Comp Plan Glossary - Draft pollutant's sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the waterbody can be used for the purposes the State has designated. The calculation must also account for seasonal variation in water quality. Traded Sector - Business sectors that sell goods and services outside the region to the broader state, national, and international markets; and/or produces goods and services that normally would have to be imported into the community. These businesses bring income into the community or region and keep local income from going elsewhere. (Oregon Business Plan) Trails and Connectors - Public access routes for commuting and trail-oriented recreational activities including sidewalks, bikeways, multi-use trails, and paths. Up-to-date - Being in accord with relevant facts, knowledge, techniques, styles, etc. Upland Habitat - All habitats beyond a riparian corridor. Urban Growth Boundary - Managed by Metro, a boundary that acts as a tool to protect forest and farmland from urban sprawl and promotes the efficient use of land, public facilities and services inside the boundary. Urban Forest - Broadly defined as all the trees within the City collectively. Urban Forest, Diverse - An urban forest that contains a variety and abundance of differing composition, structure, and function. Diversity in composition means variation in species, genetics, abundance and age. Diversityin structure means variation and abundance of vertical and horizontal arrangement, heterogeneity, forest density, micro-climates, and visual quality. Diversity in function means variation and abundance of ecological services, stages of succession, and value as green infrastructure. Urban Interface Zone - The zone is located at the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. Wastewater System - An underground carriage system that is responsible for transporting sewage from houses, businesses, and industry to a treatment facility. In the City of Tigard, they are operated separately and independently of the stormwater system. Sanitary lines generally consist of laterals (services to a particular unit), mains, and manholes (or other various forms of traps). Wetland - An area that is inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. (Statewide Planning Goal 5) Wildfire - An uncontrolled fire which is burning on foresdand and which is damaging, or is threatening to damage, forest resources or structures. Workforce Housing - Workforce housing can be rental and ownership market housing units that are affordable to households with incomes between 60-120% of median family income. (Urban Land Institute) City of Tigard Planning Commission Workshop CPA2008-00009 9 Comp Plan Glossary - Draft ATTACHMENT 3 August 18, 2008 Planning Commission City of Tigard RE: Comments on Definitions Section for the revised City of Tigard Comprehensive Plan Dear Planning Commission members: Citizens such as myself have spent considerable time and effort in participating in the revisions of Tigard's Comprehensive Plan (CP), yet have little input on the Definitions section. We have the following comments for tonight's workshop. Some of these comments we provided in May at the Commission's workshop on Natural Resources, but we find that again, our comments have been omitted from the staff's latest Definition section. • There need to be Definintions for the.following, as all of these are addressed either in the Parks, Recreation, Trails & Open Space or Natural Resources sections of the CP. • Both the PC and staff agreed at the last workshop in May that *examples would be included in the Definitions section. o "Community Parks" - Add "Community Parks often include natural areas or open space that provide important wildlife habitat as well as providing nature oriented recreation such as bird watching." "Examples include Cook Park and Summerlake Park." o "Greenspace/Greenway" - Remove the wording "Size should be adequate to protect the resource." We have many areas in our greenways that are small (less than 5 acres) but that provide crucial habitat for migratory birds, amphibians and many other species. Bonita Park for example, contains the rare lilly camas in an area less than 1 acre but that small greenway is important in offering habitat for a rare and unique plant in Tigard. o "Open Space" - Add, "Open space may also include areas set aside solely for the protection and conservation of fish and wildlife habitat and species." This comes directly from wording in the adopted Policies section of Parks/Recreation/Open Space section of the Comp. Plan. o "Rare" - There needs to be a definition for "rare" as this is addressed in the Parks,/Trails/Open Space section. Rare can be defined as "A plant, fish, wildlife or plant community that is considered unique, uncommon, unusual, or occurs infrequently. In some cases, rare species may also be listed by state and/or federal agencies." Examples of rare species in Tigard are several fish species, western pond turtles, Northern red-legged frogs, camas, western red cedar/skunk cabbage bog plant community and oak prairie habitat. o "Upland Habitat" - Add, "Upland habitats include for example, * oak prairie (in Bonita Park), Ponderosa Pine/Oak camas prairie (Fowler Middle School open space), and Mixed conifer forest in Cook Park. o "Wetland" - Use the definition accepted by the Division of State Lands. o Comprehensive Plan Map Legend / "Open Space" - Change current definition to read "These are areas designated to be retained in a natural state. In those areas where appropriate and where natural resources and not negatively impacted, some development of recreational uses may occur," o Include definitions for both State and Federal listings including "Threatened, Endangered or Sensitive" listed species (these are on-line). Thank you all for your time and consideration in this matter. Sincerely, Susan Beilke, Board Member, Fans of Fanno Creek Vice-President, Friends of Summer Creek ATTACHMENT 5 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 6, 2008 1. CALL TO ORDER President Jodie Inman called the meeting to order at 7:05 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners: Anderson, Caffall (arrived late), Doherty, Fishel, Muldoon, Vermilyea, and Walsh Commissioners Absent: Commissioner Hasman Staff Present: Dick Bewersdorff, Planning Manager; Gary Pagenstecher, Associate Planner; Ron Bunch, Assistant Community Development Director; Darren Wyss, Senior Planner; Doreen Laughlin, Administrative Specialist II 3. COMMUNICATIONS - None 4. APPROVE MEETING MINUTES There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon, to approve the September 15, 2008 minutes as submitted. The motion carried as follows: AYES: Anderson, Doherty, Inman, Muldoon, Vermilyea, and Walsh NAYS: None ABSTENTIONS: Fishel EXCUSED: Hasman, Caffall 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00010/SENSITIVE LANDS REVIEW (SLR) 2008-00005 - TRI-COUNTY SHOPPING CENTER APPROVAL WETLAND AND STREAM CORRIDOR MAP AMENDMENT- REQUEST: The Director requests a Comprehensive Plan Map Amendment to correct the City's Significant Wetlands and Stream Corridors Map in the vicinity of SW Dartmouth and Hwy 217. The Tigard City Council approved the Tri-County Shopping Center proposal (Comprehensive Plan PLANNING COMMISSION MEE'T'ING MINUTES -October 6, 2008 - Page 1 of 7 1: \LRPLN \Doreen\ PC \PC Packets for 2008\10-06-08 Public I-Iearings\tpc minutes 10-6-08.doc Amendment (CPA) 98-0002/Site Development Review (SDR) 98-0002/Planned Development Review (PDR) 98-0001/Sensitive Lands Review (SLR) 98-0002/Lot Line Adjustment (MIS) 98- 0004), which approved a Comprehensive Plan Amendment to the Water Resources Overly District, including fill and mitigation of a approximately 1.41 acres of existing wetlands on the property, and other development. The resource maps were not revised as indicated in the findings for the decision. Meanwhile, Army Corps of Engineers and Department of State Lands permits were obtained and grading, filling and mitigation occurred even though the remainder of the development was not built. The Significant Habitat Areas map, based on the wetland inventory, is also in error and needs revised accordingly. Although Council's approval of CPA98-00002 legally amended the City's Significant Wetlands Map, the Director's application is to formally correct the error in mapping. LOCATION: The property is located south of SW Dartmouth Street and west of SW 72^d Avenue in the Tigard Triangle; Washington County Tax Assessor's Maps 2S101BA, Tax Lot 101 and 1S136CD, Tax Lot 4200. ZONE/ COMPREHENSIVE PLAN DESIGNATION: C- G (PD): General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use; a wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. The planned development designation is an overlay zone applicable to all zones. In the case of the subject property, the Council applied the provisions of this chapter as a condition of approving any application for development. APPLICABLE REVIEW CRITERIA: City of Tigard Community Development Code Chapters 18.380, 18.390 and 18.775; City of Tigard Comprehensive Plan Policies 1, 2 and 3; Statewide Planning Goals 1, 2 and 5; and Metro Functional Plan, Title 3. PUBLIC HEARING OPENED Commission President, Jodie Inman, opened up the Public Hearing by reading the required statements for Quasi-judicial Hearings. [Commissioner Caffall arrived late.] She asked if any Commissioner wished to abstain, or declare a conflict of interest. There were none. She asked if anyone wished to challenge any member of the Planning Commission for bias or conflict of interest. No challenges. She asked for Commission members to report any ex parte contacts or site visitations. Commissioner Muldoon reported a site visit. Lastly, she asked if anyone in the audience wished to challenge the jurisdiction of the Commission. There were no challenges. At this point, Associate Planner, Gary Pagenstecher, gave the staff report on behalf of the City. He explained that the Community Development Director, Tom Coffee, requested a Comprehensive Plan Map amendment to correct the City's Wetlands and Stream Corridors Map and Significant Habitat Areas map (Attachment 1). He noted that 10 years ago the Tri- County Shopping Center had been approved, as well as the removal of the subject wetlands. He said the final order required that staff make amendments to the map accordingly. Those amendments were not made at the time, so staff was present today to make the amendments PLANNING COMMISSION MEIN: I'ING MINUIT.S -October 6, 2008 - Page 2 of 7 1A1_RPLN\Dorcen\PC\PC Packets for 2008\10-06-08 Public Hearings\tpc minutes 10-6-08.doc in a public manner along the same type of review process. He said this decision would basically be "housekeeping" in nature and, in a transparent manner, for public comment. He noted no public comment was received on the application - two agencies commented - Clean Water Services and Metro. Neither took issue with this mapping revision. Commissioners questions of staff (staff answers are in italics): To clarify - So all actions that were approved in the past were taken with regard to this but the maps were simply not brought up to date at that time? That's right, they got appynval for wetlands fill, and they also required new mitigation. The applicantfollowed through with those actions. They didn't build the development they were approved for. Does that answeryour question? Yes - and then the last part of the question - the housekeeping item - the maps should have been updated at that time? That simply just did not occur? That's right -itjust did not occzrr. It was a finding in the decision, and itjust didn't happen. So I'm curious - why does it have to come back to a public hearing if it had been approved in the past? I don't think it had to. I don't think this was necessary, but it was a decision by managers to run a transparent process for issues and sensitive lands that are important to citi.Zens, and just to be sure that they have an opportunity to comment. So it's simply - the maps are going to be updated - no other action to be taken, or will be taken, as a result of this decision? That's right. It appears prior owners did not monitor thru the state. Is that monitoring now being continued or being begun again? Yes it is. PUBLIC TESTIMONY President Inman noted that no one had signed up either "for" or "against." She asked if anyone in the audience would like to speak. John Frewing, 7110 SW Lola Lane, Tigard, spoke for information sake. [Neither for, nor against.] He noted that the original decision was acted on in 18 months. He wondered whether they shouldn't have to come back since this has been 10 years, and regulations change. On the surface he said, it looks like they should be coming back. It was pointed out that the original decision was acted upon within 18 months. They didn't build, so they lost the opportunity to build there, but they would have to come in today for an application to build under today's regulations. It was also pointed out that they were there to talk about the map amendment alone. The original decision was acted on in 18 months. The CPA is related to the original decision; however, the SLR is relative to current standards. PUBLIC HEARING CLOSED DELIBERATION No deliberations. PLANNING COMMISSION M17EITING MINU'173S -Octobcr G, 2008 - Page 3 of 7 1:\L.RPLN\Doreen\PC\PC Packets for 2008\10-0G-O8 Public Flearingn\tpc minutes 10-6-08.doc MOTION Commissioner Vermilyea made the following motion: "Madam Chair, I move for approval of Comprehensive Plan Amendment CPA2008-0001 0/ Sensitive Lands Review SLR2008- 00005 for the Tri-County Shopping Center Approval Wetland and Stream Corridor Map Amendment as submitted by staff - and I recommend approval to City Council." Commissioner Muldoon seconded the motion. There was a vote and the motion carried as follows: AYES: Anderson, Caffall, Doherty, Fishel, Inman, Muldoon, Vermilyea & Walsh NAYS: None ABSTENTIONS: None EXCUSED: Hasman 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006 Tigard Comprehensive Plan Update of Statewide Planning Goal 14: Urbanization REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization 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: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. PUBLIC HEARING OPENED Commission President, Jodie Inman, opened up the Public Hearing. At this point Senior Planner, Darren Wyss, gave the staff report on behalf of the City. He stated the Comprehensive Plan Amendment before the Planning Commission at this time would update the goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. He noted the Planning Commission had already reviewed this amendment during its Aug 18th public hearing. He said, because the newspaper failed to print the Ad the City sent them, advertising that public hearing, another hearing needed to be held, and the Ad was resent to the newspaper to comply with the City's citizen involvement program. The new Ad was published in the September 18th edition of The Times. As a reminder - The proposed amendment went thru a review process that included two Policy Interest Team meetings hosted by the PC before the public hearing in August. Since that public hearing, the City Council also held a workshop on the amendment. At that time, staff did not realize the newspaper Ad had not been published, and the City Council asked for some clarity on a few of PLANNING COMMISSION ME17ING MINUTES -October 6,2008- Page 4 of 7 I:\LRPI.N\Doreen\PC\PC Packets for 2008\10-0G-08 Public 1-learinbn\tpc minutes 10-6-08.doe the policies. They asked for clarity between Goal 14.1, Policy 1, and Goal 14.3, Policy 4, both of these were dealing with provision of services outside of City limits. After the conversation and speaking with the City Attorney, Staff worked with the City Attorney to develop new language and the decision was made to eliminate Goal 14.3, Policy 4 and add additional language to Goal 14.1, Policy 1. The changes are as follows: Goal 14.1 1. The City shall only approve the extension of City services: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation); or C. as outlined in the intergovernmental agreement regarding water provision within the Tigard Water Service Area. Goal 14.3 The Council also asked for the language in Goal 14.2, Policy 3 to be changed from "require" to "encourage," as they felt it was too strong. The Commission also raised this issue during a workshop, and asked whether this was within the City's legal right. The City Attorney suggested changing the language from "require" to "encourage," and by adding an additional policy to ensure the possibility of requiring annexation in the future, the intent of the language could be maintained. This new policy is now Goal 14.2, Policy 5. Goal 14.2 3. The City shall evaluate and may require encourage that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. 5. The City shall maintain its right to annex property as allowed by state statute. Staff feels the changes suggested by the City attorney provide better clarity without changing the intent of the language contained in the amendment. Additionally, the City Attorney reviewed the staff report findings and found them adequate. Staff has found the language included in the amendment complies with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations. Therefore, staff recommends adopting language found in Exhibit A. PLANNING COMMISSION Mf?I"fING MINUITS-October G, 2008-Page 5 of 7 IALRPL.N\Doreen\PC\PC Packets for 2008\10-06-08 Public I-Icarings\tpc minutes 10-6-08.doc At this point, President Inman opened it up for questions from the Commissioners. Commissioner Vermilyea asked - "Can you explain what the rationale is for adding No. 5, in light of the fact that we were silent on this issue? If I understand the law correctly, we would still maintain whatever rights with respect to annexation are given to the City. I think it's redundant to include it. We either have the right or we don't. If we have it, we can exercise it so I don't know why we would have to say in the Comp Plan that we're going to maintain a right that is given to us from an external source. Can you shed some light on how that discussion went - where that suggestion came from?" Wyss answered: That suggestion had its basis in the wanting to change "require" to "encourage " in the previous policy thatyou're referring to. The sticking point is in goal 14. 1, policy 3, `The City shall evaluate and may encourage that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City - (which is within our right today) B. enable public sertices to be f ciently and effectively extended to an entire area, or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. I believe they were uncomfortable with points B & C so they want to change it to encourage as opposed to "require" and then the City Attorng made the suggestion that, if in the future we wanted to require something to implement a concept plan, that if we added Policy 5 "The City shall maintain its right to annex property as allowed by state statute. " Ron Bunch added `The City Attorney, in recommending this, said that the City does not want to abrogate any rights that it may choose to exercise in this regard. " So the state law may, or may not, change over time but the City may choose to exercise rights (or may not to) -but it needs to firmly establish those rights within the Plan. Commissioner Vermilyea said he respectfully disagrees with the City Attorney's opinion on that issue and respectfully disagrees with Council's determination to change the language. He suggested the Planning Commission change it back. He said "If they want to make that ultimate change in the decision that they make when they make the final decision - that's fine - but it sure seems to me that this really waters down what we've talked about in our meetings. I don't agree that the word "require" is as strong as they apparently think it is, because it says "may require" - it doesn't say "shall require" so the word "may" leaves a lot of discretion there. I think that I could go either way on No. 5 but I think it's just surplus verbiage. My suggestion would be that we reject both of those suggested changes." They discussed this idea at length. PUBLIC HEARING CLOSED DELIBERATION After deliberating, the consensus was the word "encourage" should be changed back to "require" in Goal 14.2.3 but that the additional No. 5 "The City shall maintain its right to annex property as allowed by state statute," be left in. At this point, a motion was made. PLANNING COMMISSION ME1-17ING MINU"1'I?S -October 6,2008-Page 6 of 7 I:\I.RPI.,N\Dorccn\PC\PC Packets for 2008\10-06-08 Public Hcarings\tpc minutes 10-6-08.doc MOTION Commissioner Vermilyea made the following motion: "I move that the Planning Commission approve CPA2008-00006, as revised and recommended by staff, with the following change - delete the word "encourage" and reinsert the word "require" at Goal 14.2 policy 3, and to recommend approval, as amended, to Council." Commissioner Caffall seconded the motion. There was a vote and the motion carried as follows: AYES: Anderson, Caffall, Doherty, Fishel, Inman, Muldoon, & Vem-dlyea NAYS: None ABSTENTIONS: Walsh EXCUSED: Hasman 6. OTHER BUSINESS Commissioner Walsh said there was good news - he informed the Commission that the Planned Development "White Oak" has a "heritage tree" approved. Assistant Community Development Director, Ron Bunch, talked about the upcoming October 21 joint meeting the Planning Commission will be having with City Council. Bunch referred to a sheet he passed out regarding Planning Commission Goals as of 2/19/08. They discussed what topics they'd like to discuss with Council. 7. ADJOURNMENT President Inman adjourned the meeting at 8:25 p.m. Doreen Laughlin, Administrative Specialist II ATTEST: President Jodie Inman PLANNING COMMISSION MEEI7NG MINUTES -October G, 2008 - Page 7 of 7 I:\LRPLN\Doreen\PC\PC Packets for 2008\10-0G-08 Public Hearings\tpc minutes 10-6-08.doc fit CF. T, t 4 ~ pa $ d ~ a ~ z `•+t _t.d l., i am < ,y ^t Y ' ins j ~ P T ssry $,qq Ar{~ My'.Mk1 K.~ Y4 An .+a y~yg~~ 3.. ' !R'9x A.re",., ..'@~ u w n~ ~ ~ 4s ~ a?~i';n..art', ttig£tair9 x ' ' ' r x~,, ~ & ~ . ,vl ;.j: ~ryr;S€ i~<3fuP H,:5.~,risll . Mruerate va.lop Hab;tat iabi al j Y « Wetlands removed by ` ~ y to be removed. "Fw s g Ai ' t xm'r ',r aiaa'"'S' mom',{ ' g, «q 4*4 4 , t !qF„ r ~ o ~ u `ae"_y m bt ~ a s°n"e4 ~r'x~ 4 afi ~ ~ ~ y9 Rte. %i ' r 3 __D4'% b u.~.Q d `c~ City of Tigard Memorandum cis To: Mayor Dirksen and Members of City Council From: Darren Wyss, Senior Planner ZA .L Re: CPA2008-00006: Urbanization Date: October 10, 2008 On Tuesday, October 14, 2008, the City Council will hold a public hearing on the comprehensive plan amendment (CPA2008-00006) to update goals, policies, and recommended action measures pertaining to Statewide Planning Goal 14: Urbanization. Council previously held a workshop to review the amendment on September 9, 2008. At this workshop, the Council asked for a couple of changes to the language, including Goal 14.2, Policy 4. The request from Council was to change the wording from require to encourage. On October 6, 2008, the Planning Commission held a public hearing on CPA2008-00006 to make a recommendation to Council. At the hearing, the Commission discussed the change to Goal 14.2, Policy 4 and subsequently recommended the language be reinstated as require. The Commission agreed unanimously that the language "may require" does not obligate the City to any action, but simply provides another tool that may be used at some point in the future. Goal 14.2 4. The City shall evaluate and may erte age require that parcels adjacent to proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Exhibit A, which is included in the Council packet, shows the language to read "encourage" and this memorandum will be entered as part of the record to show the change made by the Planning Commission to "require". If you have any questions regarding the change made by the Planning Commission, or other language related to CPA2008-00006, please contact Ron Bunch 503-718-2427 or ron@tigard-or.gov. AGENDA ITEM No. 4 Date: October 14, 2008 TESTIMONY SIGN-UP-SHEETS Please sign on the following page(s) if you wish to testify before the Tigard City Council on: Agenda Item No. 4 Public Hearing for Comprehensim Plan Amendment (CPA 2008- 00006) - URBANIZATION REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization 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: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement; Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and Statewide Planning Goals 1, 2, 8, 11, 12, and 14. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly awilable to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\Cathy\COUNQL\CCSignup\Comp Plan at Workshop Testimony061014 Item 4.doc AGENDA ITEM No. 4 October 14, 2008 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly awilable to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM No. 5 October 14, 2008 TESTIMONY SIGN- UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: WORKSHOP - COMPREHENSIVE PLAN UPDATE -CPA 2008-00009 I NTROD UCI'I ON/GLOSSARY This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly awilable to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\Cathy\COUNQL\OCSignup\Comp Plan Workshop Testimony.doc AGENDA ITEM No. 5 October 14, 2008 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly awilable to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # 5- Meeting Date October 14, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Workshop for Comprehensive Plan Amendment (CPA) 2008-00009: Introduction/ Glossary Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Review and discuss with staff the proposed Comprehensive Plan Introduction and Glossary recommended by the Planning Commission at their September 15, 2008 public hearing (CPA2008-00009). STAFF RECOMMENDATION Council is requested to become familiar with the Commission's recommendation to adopt the Comprehensive Plan Introduction and Glossary and identify any additional material or information to assist in making its decision at a public hearing scheduled for October 28, 2008. KEY FACTS AND INFORMATION SUMMARY Now that the Comprehensive Plan language addressing the Statewide Planning Goals is nearing completion, the final step is to update the Introduction and Glossary. Both perform an important role in the document. The Introduction presents a brief background statement that outlines the purpose of the Plan and its implementation. Essentially, it outlines how to use the Plan. This is important as it states the basic discretion that can be applied by the City Council and Planning Commission when interpreting the Plan. The City is not breaking new ground with this amendment, but simply stating 30 years of legislative development in state statutes and administrative rules. The Glossary defines key terms in the document. These key terms were identified as each chapter of the document was updated through the process of Policy Interest Team meetings, Planning Commission workshops and hearings, and City Council workshops and hearings. The Glossary is an accumulation of work over the past year and contains definitions that are consistent with federal, state, or regional documents. The Glossary is important to the Plan as it affects the application and interpretation of goals, policies, and recommended action measures. Future decision-makers will use the Glossary to provide direction in interpreting the Plan. In addition to the Glossary being developed and reviewed throughout the process, the amendment was reviewed at a Planning Commission workshop on August 18, 2008. Minor changes were requested at this time. Subsequently, the Planning Commission held a public hearing on September 15, 2008. The Commission recommended the Council adopt the updated chapter (Attachment 1) included in CPA2008-00009. A few minor changes and additions were requested at the public hearing. The proposed amendment provides the structure necessary for the effective implementation of the updated Comprehensive Plan. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to I:\LRPLN\Council Materials\2008\10-1408 CC Workshop AIS CPA 2008-00009.doc 1 periodically update their plans to reflect current conditions, regulations, and information relating to the Oregon Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with the Statewide Planning Goals through the effective and appropriate implementation of the Plan. The meeting minutes from the Planning Commission public hearing can be found in Attachment 2. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Proposed Language for CPA2008-00009 Attachment 2: Planning Commission Meeting Minutes - September 15, 2008 Attachment 3: Memo to Planning Commission - September 8, 2008 FISCAL NOTES N/A I:\LRPLN\Council Materials\2008\10-1408 CC Workshop AIS CPA 2008-00009.doc 2 ATTACHMENT 1 INTRODUCTION Plan Background The Cite of Tigard Comprehensive Plan acts as the City's "land use constitution." It is the document that provides the broad policy basis for Tigard's land use planning program and ultimately guides all actions relating to the use of land in the City. The Plan also signals that the City's land use planning efforts will implement state and regional requirements, including Oregon's land use planning goals and related laws, state administrative rules, and applicable Metro plans and requirements. Equally important, the Plan acts to coordinate actions with local jurisdictions and state and federal agencies that may have a stake in Tigard's land use policies and implementing regulations and actions. In addition to its legislative and coordination roles, the City of Tigard Comprehensive Plan also reflects community values and aspirations about Tigard's future. The Plan auras to organize City actions and programs that define relationships between land use goals and policies and community livability, economic vitality, provision of needed public facilities, citizen involvement, etc. The 2008 City of Tigard Comprehensive Plan is the first complete update of the City's original 1983 Plan. The goals, policies, and recommended action measures included in this document take into account the broad range of changes that have occurred since the original Plan was adopted and acknowledged by the state 25 years ago. These current conditions and projected trends are summarized in the Tigard 2007 Resource Report, which provides the substantive factual basis for many of the Plan chapters. Citizen involvement was also an integral element in the update of the Plan. The citizen involvement program included many community meetings and public hearings, as well as considering relevant findings from past citizen surveys and 10 years of citizen engagement associated with the Tigard Beyond Tomorrow visioning project. Through these efforts, values and attitudes of Tigard's citizens were incorporated into the updated City of Tigard Comprehensive Plan. Purpose of the Plan and Its Implementation The Cid , o` Tigard Comprehensive Plan is required by state law to be consistent with 12 of the 19 Oregon Statewide Land Use Planning Goals. Local jurisdictions within the Metro regional planning boundary must also be consistent and coor- dinated with relevant Metro requirements such as the Urban Growth Management Comprehensive Plan City of Tigard Il-1 INTRODUCTION Punctionall'lan and the Kegional Transportation Plan. To this end, the Oregon Department of Land Conservation and Development (DLCD) has approved or "acknowledged" the City's Plan as being in "compliance" with the statewide planning goals, and consistent with Metro requirements. The City undertook the update of the Plan through the state's Post Acknowledgement Plan Amendment (PAPA) process. Each Plan chapter was sepa- rately reviewed by DLCD and found compliant with the statewide planning goals. Furthermore, each Plan chapter was subject to public hearings by both the Tigard Planning Commission and the Tigard City Council. During this process legislative findings were made for each chapter concerning consistency with local policy, state goals, and Metro requirements. Once "acknowledged", the 01 of Tigard Comprehensive Plan provides the founda- tion for actions relating to the update and maintenance of its land use planning program. These actions are accomplished though specific legislative proceedings and include the adoption of codes and standards, public facility plans, capital improvement plans, transportation system plans, etc. It is important to stress that state law does not allow comprehensive plan policies to be directly used as decision-making criteria for most land use deci- sions. In order for comprehensive plan policies to be applicable to decisions (e.g. subdivision/ land partition approval, site design review, tree protection), they must be translated into clear and objective standards such as those found in the Tigard Community Development Code. However, plan policies can be applied to discretionary land use decisions, such as conditional use applications. The primary purpose of the City of Tigard Comprehensive Plan policies are to direct legislative decisions such as Plan and Zoning Map amendments, special area plan adoption and, as mentioned previously, adopting development regulations. The City of Tigard Comprehensive Plan is also a document that represents the land use vision and values of the community. Many of the Plan's policies are written as mandatory statements, while others have more aspirational qualities. Depending on the situation, both types of policy have the potential to be used by the Tigard City Council and/or the Tigard Planning Commission as decision- making criteria. Ultimately, it is at the discretion of the City's elected leadership whether or not some policy statements versus others are applicable to given circumstances. Even though all goals and policies, including those that are aspirational, are statements of public policy, there are practical limitations to the degree which 1-2 City of Tigard Comprehensive Plan INTRODUCTION Ito they can be implemented. The discretion to what degree Plan policies are implemented belongs primarily to the City Council. Implementing measures are subject to constraints such as availability of funds, changes in law (federal, state, or regional), and constitutional limitations. Furthermore, the City and other governments' responsibilities in the areas of public safety may require emergency actions which would otherwise require adherence to specific permit requirements and findings of plan compliance. As the Plan is "comprehensive" in nature, there are no parts which can be considered separately from others. Plan goals and policies are intended to be supportive of one another. However, if conflicts arise between goals and policies when using the Plan, the City has an obligation to make findings which indicate why the goal or policy being supported takes precedence. This involves a decision-making process on part of the City which balances and weighs the applicability and merits of the goals and policies that are in contention. The Plan is also intended to be an organizational and management tool to help guide the decisions of City staff and set City goals relating to the use of land. Because the Plan is based on an in-depth analysis of communty values, accepted by a broad range of agencies, and determined to be legally compliant with state law and Metro rules, it is a resource to help guide and inform City decisions. However, from an operational perspective, the Plan is not mandatory. The City can conduct its operations and develop projects consistent with appli- cable law, including its own land use codes and standards. For the Comprehensive Plan to remain relevant, it needs to be updated periodi- cally to be responsive to changing conditions. In fact, state law requires jurisdic- tions to periodically review their plans. The updated City of Tigard Comprehensive Plan emphasizes, several times, the importance of updating/revising the Plan as needed to ensure it is current and responsive to community needs, and consis- tent with applicable laws. Format of the Plan The City of Tigard Comprehensive Plan is organized by chapters that address each applicable Statewide Land Used Planning Goal. Additionally, areas identified as having unique planning needs or land use characteristics are identified under the title of "Special Planning Areas." Comprehensive Plan City of Tigard I-3 INTRODUCTION Every chapter begins with a background and key findings summary followed by goals, policies and recommended action measures. A glossary of key terms is at the end of the document, as are descriptions of Tigard's Comprehensive Plan Map designations. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Goals, policies and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end, but do not signify an obligation themselves. The following describes goals, policies, and recommended action measures in greater detail. GOAL: Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. POLICY: Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the City of Tigard Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Plan, the City must show consistency with the Statewide Land Use Planning Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. 1-4 City of Tigard Comprehensive Plan i INTRODUCTION RECOMMENDED ACTION MEASURES: Definition - A statement outlining a specific City project or standard which, if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff avail- ability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the Plan does not obligate the City to accom- plish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Plan. The list of recom- mended action measures is not exclusive. It may be added to, or amended, as conditions warrant. Comprehensive Plan City of Tigard )(-5 ate- des-P4a+~a++ ~+~•~'~-~e!~~ ~~~a~-tea e~ssa~f' Introduction/Glossuy City of'j`iprd CP N200s-00009 feseaFSeFepoFW, plan; i.e., the pmpwatieR of rpeGifiG plans, adepting Of Fegulatienr,, and speGial study remrni6siens. designafien of land use aFea6 eR the plan map and fQF making deGiGqGA6. on development pFapesalg These iall- all (fFeFn 1980 2000). They alse PFWde the geneFalized- frarnewerk -upon whiGh FAGFe detailed pann and 4. The appliGatien of the plaR PGl'Gme6 when Feviewing development Feque6ts, i.e., 6ubdM6wen6, planned FeferenGe, of a total sy6teFn Of PGHGy diFeGWR. Thus the plan needs to be viewed and- -a ;A.f The Gity's planning effer-ts. iRGlude not only the Gity'S GOmmitment[sl to land use planning, but nign thnF; 6tatewWe land use p!aF;n*Rg goals. I=GOG'6 land use planR*Rg goals establish a planning PFOGess an City of Tigard 2 CPA2008-00009 Introduction/Glossary intended to be n-enssistenimfith appliGable [=(;D(; goals. MS9, the Fegienal planning ageRGY, has adopted regional PGIOGY guidelines fQF managing gFGVAh W*thqR PG"Gie6 aFe h. Housing Goals and ObjeGfivesi and 6. The Regional TrnnsneFtation Plan (RT-P). 101_ H. u D_ WGI.A.1 TO USE TWEE PLAN FOR LAND USEM AG-11049 I F=- mnfinns of the PI ThA plan serves an adminostmfi fA ;;s; well as legislative fuRntion With re peGt to adminirtrative n a. Revisions 4o the f mmPrehenciV9 Plan; G. developments; and d. C,,hdh isinns 11 1 Ise AGt*nns _ Wow to 1 lrA the Plan development, the fOllGWing 6tep6 Gan be f49j'hWpd- plan text and PO"Gme6j Gall the Gity Planning and Development DepaFtment, and ask fer the oning d4stNGt designation On the PFOPeFty by pFaviding them w4h the legal dersUiptiGA, i.e., the SeGtmen, TeWn6hmp, Range beF; G. if the plan and zening aGGerd w4h what you want to do, Ghen-k with the Planning and City of Tigard 3 CPA2008-00009 Introduction/Glossary C11, GLOSSARY NNW 100-year Floodplain - An area of land adjacent to a river, stream, lake, estuary, or other water body that the Federal Emergency Management Agency (FEMA) identifies as having a 1% chance of being inundated by flood waters in any year. Active Recreation - See the Tigard Community Development Code Chapter 18.120. Adaptive Management - A management approach that seeks to improve the effectiveness of a policy or process by establishing measurable baseline condi- tions and desired end goals, periodically measuring the success of existing actions against those goals, and making corrections as necessary to improve success. Affordable Housing - The accepted definition found in federal and state programs is housing that costs a household no more than 30°io of its gross income for rent and utilities. Biodiversity - The full range of variety and variability within and among living organisms and the ecological complexes in which they occur; encompasses ecosystem or community diversity, species diversity, and genetic diversity. Citizen - An inhabitant of a city or town, specifically one entitled to its privi- leges or franchises. Citizen Involvement Program - A program established by a city or county to ensure the extensive, ongoing involvement of local citizens in planning. Such programs are required by Statewide Land Use Planning Goal 1, "Citizen Involvement," and contain or address the six components described in that goal. Clean Water Services (CWS) - A public utility committed to protecting water resources in the Tualatin River Watershed through innovative wastewater and storinwater services, flood management projects, water quality and stream enhancement projects, fish habitat protection, and more. Cluster - A grouping of development. Specifically, the locations of structures on a given site in one area leaving the remainder of the land in open space. Committee for Citizen Involvement (CCI) - A local group appointed by a governing body for these purposes: assisting the governing body with the Comprehensive Plan City of Tigard G-1 A.. GLOSSARY development of a program that promotes and enhances citizen involvement in land use planning; assisting in the implementation of the citizen involvement program; and evaluating the process being used for citizen involvement. Community Recreation Facilities -The wide variety of indoor and outdoor sports and leisure facilities publicly owned and operated to promote the health and well-being of the community. Some are used primarily for active recreation, others designated for passive uses, with some overlap among or within indi- vidual facilities. Community Parks - Provide a variety of active and passive recreational oppor- tunities for all age groups and are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include devel- oped facilities for organized group activity as well as facilities for individual and family activities. Compatibility - The ability of adjacent and/or dissimilar land uses to co- exist without aesthetic, environmental, and/or operational conflicts that would prevent persons to enjoy, occupy, or use their properties without interference. A variety of remedies to compatibility conflicts are normally provided in a juris- diction's land use program; including limited land use designation, buffering, screening, site and building design standards, transportation facility design, etc. Development - Any man-made change to improved or unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, dredging, filling, excavation, drilling or removal of trees. Downtown Tigard - The area of the City that is included within the Urban Renewal District. Economic Gardening - Strategies and programs aimed at helping a communi- ty's existing businesses and entrepreneurs grow into healthy, vibrant companies with a strong employment base. Efficient Use of Land - Utilization of urban lands in a way that prevents urban sprawl, maximizes the use of existing infrastructure, reduces the need for automobile travel, conserves energy, and provides for easy access to needed goods and services. The efficient use of land also means the application of G-2 City of Tigard Comprehensive Plan I~~I GLOSSARY development principles that result in less land being utilized to accommodate specific uses, thus resulting in compact urban development. Effective Impervious Area - Impervious area such as rooftops, streets, side- walks, and parking areas do not allow water to drain into the soil. Impervious area that collects and drains the water directly to a stream or wetland system via pipes or sheet flow is considered "effective impervious area", because it effec- tively drains the landscape. Impervious area that drains to landscaping, swales, parks and other pervious areas is considered "ineffective" because the water is allowed to infiltrate through the soil and into ground water, without a direct connection to the stream or wetland. Employment and Industrial Areas - Areas identified in Title 4 of the Metro Urban Growth Management Functional Plan as being important to the region's economy. These areas are subject to certain limitations on the type and scale of non-industrial uses. Encourage - Support, advocate, or take affirmative action to achieve a partic- ular community objective. Environmental Performance Standards - See the Tigard Community Development Code Chapter 18.725. Family Wage - The income necessary for a family to make ends meet without any public or private assistance. Feasible - Reasonably capable of being done, executed, or effected with the means at hand and circumstances as they are; practicable. Federal Emergency Management Agency (FEMA) - The federal agency responsible for administering the National Flood Insurance Program Fine Particulate Matter - Air pollution comprised of solid particles or liquid droplets that are less than 10 microns in diameter or less than 2.5 microns in diameter. Particles in these size ranges are of great concern because they can be inhaled deeply into the lungs where they can remain for years. Floodplain -The area adjoining a stream, tidal estuary, or coast that is subject to regional flooding. Comprehensive Plan City of Tigard G-3 I~~I U GLOSSARY Franchise Agreements - The right to provide service granted to a person pursuant to the Tigard Municipal Code, including the establishment of rates by the City. Full Service Recreation Facilities - A collection of facilities that provide a diverse array of recreation choices and allow for a wide spectrum of programs and activities that meet the recreational and leisure needs of community residents. Functions and Services - The physical, chemical, and biological processes or attributes that contribute to the self-maintenance of a natural system and the benefits human populations derive, either directly or indirectly, from them. An example of a function is the provision of wildlife habitat or the trapping of nutrients, while a service would be supporting the food chain or provision of clean water. Goal - A general statement indicating a desired end or the direction the City will follow to achieve that end. Green Concepts and Practices - Refers to measures to increase re-use and recycling programs, on-site filtration, integrated pest management, the utilizing of existing and emerging technologies for conservation and energy efficiency, demand management, and other best management and operation practices. Greenspace/Greenway - An area intended to contain a natural quality that protects valuable natural resources and provides wildlife habitat and/or oppor- tunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Habitat - An area upon which fish and/or wildlife depends in order to meet their requirements for food, water, mobility, security, and reproduction. Habitat Friendly Development Practices - Broad range of development techniques and activities that reduce the detrunental impact on fish and wildlife habitat relative to traditional development practices. Examples include clustering development to avoid habitat, using alternative materials and designs such as pier, post, or piling foundations designed to minimize tree root disturbance, managing stormwater on-site to help filter rainwater and recharge groundwater sources, collecting rooftop water in rain barrels for reuse in site landscaping and G4 Ciry of Tigard Comprehensive Plan I~~I GLOSSARY low gardening, and reducing the amount of effective impervious surface created by development. Hazardous Tree - A tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. Hazardous Waste -A solid waste (solid waste includes solids, liquids and compressed gases) that possesses at least one of four characteristics (ignitibility, corrosivity, reactivity, or toxicity), or that appears on federal or state official lists of hazardous wastes. A solid waste is a hazardous waste if is: • Defined by Tide 40 of the Code of Federal Regulations (CFR), Part 261 as a hazardous waste; or • A "state-only" waste defined as hazardous in the State of Oregon. Oregon includes six categories of waste in OAR 340-101-0033. Healthy Streams Plan - Approved by CWS in June 2005, the goal of the plan is to utilize scientific knowledge and innovation to improve watershed and stream health for community benefit. Historic and Cultural Resources - Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that repre- sent facets of the history, or ongoing cultural identity, of a Nation, Oregon, or Tigard. Household Hazardous Waste - Any discarded, useless, or unwanted chemical materials or products that are or may be hazardous or toxic to the public or the environment and are commonly used in or around households. Residential waste that is ignitable, corrosive, reactive, or toxic. Examples include solvents, pesti- cides, cleaners, and paints. Impervious Surface - A solid surface, such as streets, parking lots, and roofs, that prevents rain from being absorbed into the soil, thereby increasing the amount of water runoff that typically reaches a receiving stream. Industry Cluster - Groups of similar and related firms in a defined geographic area that share common markets, technologies, worker skill needs, and which are often linked by buyer-seller relationships. Innovative Business - A business involved in the creation of new knowledge (invention); the transformation of new knowledge into new products, processes, systems or services (translation) ; and/or the creation of economic value with new products, processes, systems or service (commercialization). Comprehensive Plan City of Tigard G-5 I.. GLOSSARY Intelligent Transportation Systems - A broad range of diverse technologies which, when applied to our current transportation system, can help improve safety, reduce congestion, enhance mobility, minimize environmental impacts, save energy, and promote economic productivity. Intergovernmental Agreement (IGA) - The most common method, usually in the form of a signed legal contract, for neighboring jurisdictions to cooperate on providing services or implementing programs. Invasive Species - Plants, animals, and microbes not native to a region, which when introduced either accidentally or intentionally, out-compete native species for available resources, reproduce prolifically, and dominate regions and ecosys- tems. Because they often arrive in new areas unaccompanied by their native predators, they can be difficult to control. Left unchecked, many invasive species have the potential to transform entire ecosystems, as native species and those that depend on them for food, shelter, and habitat disappear. Landslides - The downslope movement of rock, soil, or related debris that is a natural hazard. Leadership in Energy and Environmental Design (LEED) - A nation- ally accepted benchmark for the design, construction, and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings' performance. LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality. Linear Parks - Park or greenspace that may provide opportunities for trail- oriented outdoor recreation along built or natural corridors, connect residences to major community destinations, and may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. Low Impact Development (LID) Practices - An approach to land develop- ment that uses various land use planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner that helps mitigate potential environmental impacts. G-6 City of Tigard Comprehensive Plan (Ing., GLOSSARY NOW Metro - The regional government of the Portland metropolitan area. The elected Metro Council is the policy setting body of the regional government. Mixed Use Zoning - An area of land within the Tigard city limits designated for buildings or structures with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form. Municipal Separate Storm Sewer System (MS4) Permit - Required by Section 208 of the Clean Water Act and held by Clean Water Services, the permit requires the implementation of stormwater pollution prevention plans or stormwater management programs (both using best management practices) that effectively reduce or prevent the discharge of pollutants into receiving waters. National Ambient Air Quality Standards - Established by the United States Environmental Protection Agency, the standards are designed to regulate air pollutants that are harmful to people and the environment. Primary standards are set at levels meant to protect human health, including sensitive populations such as children, the elderly, and individuals suffering from respiratory disease. Secondary standards are designed to protect public welfare (e.g. building facades, visibility, crops, and domestic animals). National Pollution Discharge Elimination System (NPDES) Permit - Held by Clean Water Services, the permit is required by the Clean Water Act, which prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit contains linuts on what can be discharged, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. In essence, the permit translates general require- ments of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants. Natural Area - City-owned land and water that has substantially retained its natural character and provides important habitat for plant, animal, or aquatic life. Such areas are not necessarily completely natural or undisturbed, but can be significant for the study of natural, historic, scientific, or paleontological features, or for the appreciation of natural features. Comprehensive Plan City of Tigard G-7 m" uo GLOSSARY Natural Resources - Resources and resource systems identified in Statewide Planning Goal 5. Examples include: fish and wildlife habitats, wetlands, streams and associated riparian corridors, groundwater, and rare and endangered fish and wildlife, plants, and plant communities. Natural Systems - Interactive, interrelated, and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Nature in Neighborhoods Program - A Metro region conservation initia- tive that brings people and government together to ensure a healthy urban ecosystem. The initiative will align the region's conservation programs behind a strategic effort to protect clean water and healthy natural areas for fish, wildlife and people. It will add more hands-on capacity for conservation education and habitat restoration. Neighborhood Parks -The foundation of the parks and recreation system, they provide accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Open Space - Public or privately owned areas, either undeveloped or minimally developed, intended for either active or passive outdoor recreation. Open spaces may include developed facilities that support outdoor recreation and trail- oriented recreation, or areas solely set aside for the nature-oriented recreation and the protection of natural resources, such as fish and wildlife habitat. Park Services - A generic term used to refer to parks, recreation, trails, and open spaces collectively. Parks System Development Charges - Charges assessed to new developments for the acquisition and development of parks, open spaces, and paved trails. They are assessed based on the cost of providing these services to new City Patrons. Passive Recreation - See the Tigard Community Development Code Chapter 18.120. Pocket Parks - Provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. G-8 City of Tigard Comprehensive Plan GLOSSARY r Policy - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Promote - Support, advocate, or take affirmative action to achieve a particular community objective. Proven Community Need - A need supported by evidence that is required to amend land use map(s), which ensures that the new land use being proposed is needed in the community in that particular location, versus other appropriately designated and developable sites. Public Facilities and Services - Publicly funded infrastructure and services, such as public safety, sanitary severs, domestic water, water quality, parks, trans- portation, governance, etc. that are required for the community's safety, health, welfare, prosperity, and quality of life. Public Facility Plan - A support document or documents to the Comprehensive Plan that describes the sewer, water, and transportation facilities needed to support the land uses and densities designated in the Plan. It is less specific than a Capital Improvements Program and required by Oregon law for cities with a population of 2,500 or more. Public Interest - Shared interests often expressed as commonly held values that are perceived to be of general benefit to the whole community and the welfare of the general public versus that of specific entities, and which warrant recognition, promotion, and protection by the City. Rare - An organism or plant community that is recognized and listed as excep- tionally unique, uncommon or scarce by a federal, state, or regional govern- mental body or agency. Rare species may also be listed as threatened or endangered under the Federal or Oregon Endangered Species Acts. Recommended Action Measure - A statement outlining a specific City . project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Comprehensive Plan City of Tigard G-9 I~~I GLOSSARY Regionally Significant Habitat - Areas identified as providing benefits to fish and wildlife, and classified for protection based on habitat quality and impor- tance, economic and social value of the land, and current development status. Renewable Energy - Energy sources that are either inexhaustible (solar, wind) or replenished over a short period of time (low impact hydro, biomass, geothermal). Most renewable energy ultimately comes from the sun - indi- rectly in the case of wind, water, and biomass; directly in the case of solar power generation. Natural gas and coal, for example, are not renewable because their use consumes fossil fuel reserves at a much quicker'rate than they can be replenished. Rent - Payment for the use of City property for private wetlands nutigation. The term is used in the 1996 COT resolution (Res 96-42) pertaining to such use. Right-of-Way Usage Fee - Annual payment calculated as a percentage of gross revenue and assessed to all persons using a utility system or facility in the right-of-way to provide service to customers within the City of Tigard. Riparian Corridor - A Goal 5 resource area adjacent to a river, lake, or stream, and consisting of the area of transition from an aquatic ecosystem to a terres- trial ecosystem. It includes the water areas, fish habitat, adjacent riparian areas, and wetlands. Riparian Habitat - Areas located within and dependent upon the unique habitat elements provided within a riparian corridor. Sensitive Lands - As defined in Chapter 18.775.010.G of the City of Tigard Community Development Code. Severe Weather Hazards- This broadly defined hazard category includes windstorms, severe winter hazards (e.g., snow, ice, prolonged cold), thunder- storms, tornadoes, drought, prolonged extreme heat and other weather condi- tions that disrupt vital regional systems and threaten lives and property. Significant Habitat - Areas classified through the work of the Tualatin Basin Partners for Natural Places and adopted as part of Metro's Regionally Significant Habitat Areas and identified on the Tigard Significant Habitat Areas Map. G-10 City of Tigard Comprehensive Plan ano., GLOSSARY Solar Access - Ability of sunlight to reach a solar collector unimpeded by trees, fences, buildings, or other obstruction. Solid Waste Collection and Disposal - Act of ensuring that any material no longer usable by the generator, producer, or the source of the material is properly disposed of or resource-recovered by another person. Special Needs Housing - Housing units which are available to a specific popu- lation, such as elderly, disabled, homeless, or people recovering from drug or alcohol abuse. Special Use Area - Public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. Stormwater - Precipitation that accumulates in natural and/or constructed storage and conveyance systems during and immediately following a storm event. Stormwater Management - Functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control, and/or convey stormwater. Stream Corridor - Area adjacent to a perennial or intermittent creek or river that protects the water quality functions of the stream as well as fish and wildlife habitat. Support - To aid the cause, policy, or interests of, or contribute to the progress or growth of. Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. Sustainability requires simultaneously meeting environmental, economic and community needs. System Development Charge - A reimbursement fee, an improvement fee, or a combination thereof, assessed or collected at the time of increased usage of a capital improvement or the issuance of a development permit, building permit, or connection to the capital 'improvement. Comprehensive Plan City of Tigard G-11 a.. GLOSSARY Tigard Urban Planning Area - Area identified in the Tigard Urban Planning Area Agreement (required by Statewide Land Use Planning Goal 2) with Washington County that will ultimately be under governance by the City. Tigard Urban Services Area (TUSA) - Area identified in the Tigard Urban Services Area Agreement (required by ORS 195) for which ultimate service providers are identified to ensure appropriate planning and delivery of urban level services. Total Maximum Daily Load (TMDL) - Calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the waterbodv can be used for the purposes the State has designated. The calcu- lation must also account for seasonal variation in water quality. Traded Sector - Business sectors that sell goods and services outside the region to the broader state, national, and international markets; and/or produces goods and services that normally would have to be imported into the community. These businesses bring income into the community or region and keep local income from going elsewhere. Trails and Connectors - Public access routes for commuting and trail-oriented recreational activities including sidewalks, bikeways, multi-use trails, and paths. Up-to-date - Being in accord with relevant facts, knowledge, techniques, styles, etc. Upland Habitat - All habitats beyond a riparian corridor. Examples include oak prairie, ponderosa pine/oak camas prairie, mixed conifer forest, etc. Urban Growth Boundary - Managed by Metro, a boundary that acts as a tool to protect forest and farmland from urban sprawl and promotes the efficient use of land, public facilities and services inside the boundary. Urban Forest - All the trees located within the city limits, including both remnants of native forests and planted landscapes. G-12 City of Tigard Comprehensive Plan dnol GLOSSARY lqgjw Urban Forest, Diverse - An urban forest that contains a variety and abundance of differing composition, structure, and function. Diversity in composition means variation in species, genetics, abundance and age. Diversity in structure means variation and abundance of vertical and horizontal arrangement, hetero- geneity, forest density, micro-climates, and visual quality. Diversity in function means variation and abundance of ecological services, stages of succession, and value as green infrastructure. Urban Interface Zone - The zone is located at the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. Wastewater System - An underground carriage system that is responsible for transporting sewage from houses, businesses, and industry to a treatment facility. In the City of Tigard, they are operated separately and independently of the stormwater system. Sanitary lines generally consist of laterals (services to a particular unit), mains, and manholes (or other various forms of traps). Wetland - An area that is inundated or saturated by surface water or ground- water at a frequency or duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wildfire - Any fire occurring on wildlands that requires suppression response. Workforce Housing - \Vorkforce housing can be rental and ownership market housing units that are affordable to households with incomes between 60-120% of median family income. Comprehensive Plan Map Legend RESIDENTIAL USE DESIGNATIONS Low-Density Residential - These areas will provide low-density residences (1 to 5 units to the net acre) and necessary urban services to maintain single-family residential neighborhoods. This designation includes the R-1, R-2, R-3.5, and R-4.5 zones. Comprehensive Plan Cityof Tigard G-13 u GLOSSARY Medium-Density Residential - These areas will provide medium-density resi- dences (6 to 12 units to the net acre) and necessary urban services to maintain a stable mixture of single-family and multi-family neighborhoods. This designa- tion includes the R-7 and R-12 zones. Medium-High Density Residential - These areas will provide medium-high- density residences (13 to 25 units to the net acre) and necessary urban services to allow housing of all types, but focused primarily on multiple-family neighbor- hoods. This designation includes the R-25 zone. High-Density Residential - These areas will provide high-density residences (26 to 40+ units to the net acre) and the necessary urban services to allow multiple-family neighborhoods. This designation includes the R-40 zone. COMMERCIAL USE DESIGNATIONS Central Business District - The area deemed appropriate for high intensity mixed use development allowing commercial and office, as well as higher density residential uses of a minimum of 40 units per acre. This designation includes the CBD zone. Community Commercial - These areas are intended to provide locations for retail and service uses, which primarily have a neighborhood orientation. Medium-density residential uses will also be accommodated on or above the second story. This designation includes the C-C zone. General Commercial - These areas are intended to provide for major retail goods and services, generally for the traveling public, and be located along major traffic ways. This designation includes the C-G zone. Neighborhood Commercial - These areas are intended for the concentration of small commercial and personal service activities and related uses necessary to satisfy the daily shopping and related needs of nearby residents. This designa- tion includes the C-N zone. Professional Commercial -These areas are deemed appropriate for business and professional offices and related uses. This designation includes the C-P zone. G-14 City of Tigard Comprehensive Plan GLOSSARY MIXED USE DESIGNATIONS Mixed Use Commercial - These areas are intended to accommodate high- density office buildings, retail, and service uses, as well as mixed use devel- opments and medium high and high-density (25 to 50 units to the net acre) residential uses. Larger buildings with parking under, behind, or alongside the structures will be encouraged. The designation includes the MUC and MUC-1 zones. Mixed Use Employment - These areas are intended to accommodate develop- ment concepts characterized by retail, office, and commercial services use, with business park and research facilities. High-density residential development will be encouraged. The designation includes the MUE zone. Mixed Use Employment 1 and Mixed Use Employment 2 - These areas are intended to accommodate office, research and development, and light manufac- turing. Limited commercial and retail services are allowed, as well as residential uses compatible with the employment character of the area. The designation includes the MUE-1 and MUE-2 zones. Mixed Use Residential 1 and Mixed Use Residential 2 - These areas are intended to accommodate mixed uses with medium high and high-density residential development. Linuted commercial and retail services that provide benefits and amenities to the residents are allowed. These areas should have a high degree of pedestrian amenities, recreation opportututies, and access to transit. The designation includes the MUR-1 and MUR-2 zones. INDUSTRIAL USE DESIGNATIONS Heavy Industrial - These areas are deemed appropriate for intensive manufac- turing, processing, or assembly of semi finished or finished products, including fabrication, and whose operating characteristics are potentially incompatible with most other land uses. The designation includes the I-H zone. Light Industrial - These areas are deemed appropriate for industrial activi- ties which include manufacturing, processing, assembling, packaging, or treat- ment of products from previously prepared materials and which are devoid of Comprehensive Plan City of Tigard G-15 U GLOSSARY nuisance factors that would adversely affect other properties. The designation includes the I L and I P zone. OTHER DESIGNATIONS Open Space - These areas are designated for retention in a natural state and for development of recreational uses. Public Institution - These areas are designated for municipal uses, school uses, or other public uses. G-16 City of Tigard Comprehensive Plan ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 15, 2008 1. CALL TO ORDER President Jodie Inman called the meeting to order at 7:05 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners: Anderson, Doherty, Hasman, Muldoon, Vermilyea, and Walsh Commissioners Absent: Commissioner Caffall, Fishel Staff Pre$~nt: Ron Bunch, Assistant Community Development Director; Darren Wyss, Senior Planner; Doreen Laughlin, Administrative Specialist II 3. COMMUNICATIONS City Councilor, Gretchen Buehner, spoke to the Commissioners about her role as liaison to the Planning Commission. She encouraged them to feel free to ask for workshops with Council to stay on top of things. She answered some questions regarding her role as liaison. 4. APPROVE MEETING MINUTES There was a motion by Commissioner Vermilyea, seconded by Commissioner Anderson, to approve the August 18, 2008 minutes as submitted. The motion carried as follows: AYES: Anderson, Doherty, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: Inman, Walsh EXCUSED: Fishel, Caffall 5. PUBLIC HEARING CPA2008-00009 TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE THE INTRODUCTION TO REFLECT CURRENT CONDITIONS AND INCLUDE A GLOSSARY OF KEY DEFINITIONS PLANNING COMMISSION MI7P. TING MINUTES -September 15, 2008-- Page 1 of 5 IALRP1.N\Doreen\PC\PC Packets for 2008\9-15-08 Public Hearing\tpc minutes 9-15-08.doc REQUEST: To amend the current Comprehensive Plan Introduction and add a Glossary of key definitions. 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: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Land Use Planning, Natural Resources and Historic Areas, Environmental Quality, Hazards, Parks, Recreation, Trails, and Open Space, Economic Development, Housing, Public Facilities and Services, Transportation, Energy Conservation, and Urbanization; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10,11, 12,13, and 14. PUBLIC HEARING OPENED Commission President, Jodie Inman, opened up the Public Hearing. Senior Planner,.Darren Wyss, gave the staff report. He noted the Comprehensive Plan Amendment before the Commissioners at this time would update the Introduction to the Comp Plan, and add a Glossary of key terms that are found throughout the document. By way of background & review, Wyss presented the following. Inlr0duction. • Presents a brief background statement that outlines the purpose of the Plan and its implementation. • Essentially, it outlines how to use the Plan. • This is important as it states the basic discretion that can be applied by the City Council and Planning Commission when interpreting the Plan. • The Intro also clearly defines upfront what a goal, policy, and recommended action measure is and the City's obligation for each. • The City is not breaking new ground with this updated Intro, but simply stating 30 years of legislative development in state statutes and administrative rules. • The Commission reviewed the Intro at its Aug 18th workshop and did not request any changes be made. Glossary: • Definitions have been accumulating since the first amendment to come before the Commission a year ago. • As each chapter met with PIT, key terms were identified to be defined and then a definition was brought forward. • Definitions are based on accepted federal, state, or regional definitions when available. Otherwise, staff or.a PIT member presented a widely accepted definition and a consensus was reached as to the definition that best fits Tigard. PLANNING COMMISSION MR1337NG MINUTES -Scptcmber 15, 2008 - Page 2 of 5 1:\LItPI.N\llorecn\PC\PC Packets for 2008\9-15-08 Public I Iearing\tpc minutes 9-15-08.doc • The Glossary is important to the Plan as it affects the application and interpretation of goals, policies, and recommended action measures. Future decision-makers will use the Glossary to provide direction in interpreting the Plan. • The Commission at its Aug 18 workshop, requested staff to revisit a number of definitions before tonight's hearing and review the clarity/content. Staff reviewed the definitions and has included recommended changes along with commentary in a Memo dated Sept 8tlt. These recommended changes are also incorporated into Exhibit A of the Staff Report. Wyss concluded that staff had found the language included in the amendment to be in compliance with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations and, therefore, staff recommends the Commission forward to the City Council the language found in Exhibit A. President Inman recognized Sue Beilke,11755 SW 114th, Tigard, OR - who had signed in to testify in opposition. Ms. Beilke went over the reasons she was in opposition. (Contained in Attachment 1.) There were no other members of the public present to testify either for, or against. PUBLIC HEARING CLOSED DELIBERATION With the commissioners' consent, Staff did not go through the changes one by one, but addressed the changes as the Commission had specific questions, comments, or suggestions. At this point, President Inman asked if any of the Commissioners had questions, comments, or suggestions. After deliberation, the following changes to the Glossary were agreed upon and recommended: • Add "Active Recreation - See Tigard Development Code Chapter 18.120." • Under "Greenspace/Greenway" add "or" to and - so it would read "An area intended to contain a natural quality that protects valuable natural resources and provides wildlife habitat and/or opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. PLANNING COMMISSION M130rING MINUI'BS-9eptember 15, 2008-Page 3 of 5 1:\1.RPI.N\Doreen\13C\PC Packets for 2008\9-15-08 Public Hearing\tpc minutes 9-15-08.doc • "Natural Resources" change to read: "resources and resource systems identified in Statewide Planning Goal 5. inel lg Examples include: fish and wildlife habitats, wetlands, streams and associated riparian corridors, groundwater and rare and endangered fish and wildlife, plants and plant communities. • Under "Open Space" delete "both undeveloped or minimally developed." • Add "Passive Recreation - See the Tigard Development Code Chapter 18.1202" MOTION After President Inman's summarization of the recommended changes, Commissioner Verniilyea made the following motion: "Madam Chair, I move for approval of application Comprehensive Plan Amendment 2008-00009, and adoption of the findings and conditions of approval contained in the staff report and based on the amendment enacted or adopted here this evening." Commissioner Hasman seconded the motion. There was a vote and the motion carried as follows: AYES: Anderson, Doherty, Hasman, Inman, Muldoon, Vermilyea & Walsh NAYS: None ABSTENTIONS: None EXCUSED: Fishel, Caffall President Inman noted this item is scheduled for the City Council Workshop on October 101, while the Public Hearing is scheduled for October 28th. There was a question as to when the Planning Commission Public Hearing on "Urbanization" would be coming back. Wyss answered "October 61h." [The newspaper had failed to publish the requested Public Hearing Advertisement - therefore, the upcoming hearing, after being properly advertised, would be revisited on 10/6.] 6. OTHER BUSINESS Assistant Community Development Director, Ron Bunch, briefly talked about the upcoming October 218t joint meeting the Planning Commission will be having with City Council. He called to their attention the February 19th minutes from the Planning Commission Special Session (held prior to the joint Planning Commission/City Council meeting.) The minutes from that joint meeting were also included in the Commissioner's packets. Mr. Bunch asked the Commissioners to send staff any comments they might have about the upcoming several months of things they would like to work on. He said staff would put together a report for the Commission at its October 011 meeting and they will all have an opportunity to discuss this in depth before meeting with Council on October 21St. He said this would be a great opportunity to talk about the next phase. PLANNING COMMISSION MrI TING MINUTES -September 15, 2008 - Page 4 of 5 1:\Lltl'].N\borccn\PC\PC Packets for 2008\9-15-08 Public licaring\tpc minutes 9-15-08.doc One of the commissioners asked whether the joint Planning Commission/City Council October 21st meeting would take the place of the regular Planning Commission meeting scheduled for October 201h. Bunch said yes, this would take the place of that meeting. 7. ADJOURNMENT President Inman adjourned the meeting at 8:42 p.m. Doreen Laughlin, Administrative Specialist II ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES--September 15, 2008-Page 5 of 5 1:\I.RPI.N\i)oreen\1'C\PC Packets for 2008\9-15-08 Public I Icaring\tpc minutes 9-15-08.doc o ' ATTACHMENT 1 August 25, 2008 Planning Commission City of Tigard RE: CPA - 2008-00009 -Comprehensive Plan Amendment to update Introduction to reflect Current Conditions and include a Glossary of Key Definitions Dear Planning Commission Members: Citizens such as myself have spent considerable time and effort in participating.in the revisions of Tigard's Comprehensive Plan (CP); yet have little input-on the Definitions section. We have the following comments for tonight's workshop. Some of these comments we provided in May at the Commission's workshop on Natural Resources, but . we find that again, our comments have been omitted from the staffs latest Definition ' section. • Introduction Section 1) This needs to have a section on Uplands, # of acres, what it contains, etc. 2) There needs to be a section on Fish and Wildlife. This section should include what listed fish species occur in Tigard, as well as examples of wildlife that have been documented in our parks and open spaces. This is important . as it is addressed in the Natural Resources and Parks/Recreation/Open Space/Trails sections of the amended CP. • There need to be Definintions for the following, as all of these are addressed either in the Parks, Recreation, Trails & Open Space or Natural Resources sections of the amended CP. • Both the PC and staff agreed at the fast workshop in May that -*examples would be included in the Definitions section. • "Community Parks" - Add "Community Parks often include natural areas or open space that provide important wildlife habitat as well as providing nature oriented recreation such as bird watching." In fact there is more natural area or. open space in Cook Park than developed areas. "Examples include Cook Park and Summerlake Park." • "Endemic" - "A plant, fish or wildlife species only found or confined to a particular region or area; having a comparatively restricted distribution." • "Greenspace/Greenway" - Remove the wording "Size should be adequate to protect the resource:" We have many areas in our greenways that are small (less than 5 acres) but that provide crucial habitat for migratory birds, amphibians and many other species. Bonita Park for example, contains the rare camas in an area less than 1 acre but that small greenway is important in offering habitat for a rare and unique plant in Tigard. • "Open Space- Add, "Open space may also include areas set aside solely for the protection and conservation of fish and wildlife habitat and species." This comes directly from wording in the adopted Policies section of Parks/Recreation/Open Space section of the CP and thus should be consistent with that amended section. • "Rare" - There needs to be a definition for "rare" as this is addressed in the Parks,/Trails/Open Space section. Rare can be defined as "A .plant, fish, wildlife or plant community that is considered unique, uncommon; unusual, or occurs infrequently. Rare species may also-be those that are endemic to a particular site, area, or region. In some cases, rare species may also be listed by state and/or federal agencies." Examples of rare species in Tigard are several fish species, western pond turtles, Northern red-legged &ogs,camas, western red cedar/skunk cabbage bog plant community and oak prairie habitat. Rare species are often considered "species of concern" by state agencies." • "Upland Habitat" - Add, "Upland habitats include for example, * oak prairie (in Bonita Park), Ponderosa Pine/Oak camas prairie on the Brown property and Mixed Conifer/Deciduous forest in Cook Park. • "Wetland" - Use the definition accepted by the Division of State Lands. • Comprehensive Plan Map Legend / "Open Space" - Change current definition to read "These are areas. designated to be. retained in a natural state. In those areas where appropriate and where natural resources and not negatively impacted, some development of recreational uses may occur," • Threatened, Endangered and Sensitive Species - Include definitions for both State and Federal listings including "Threatened, Endangered or Sensitive" listed species (these are on-line on the ODFW website). Give several examples of each. • "To the Extent Feasible" - This wording has been added despite it.being opposed by both the citizen natural resource committee members and other citizens who testified at recent hearings. It has no validity nor is it necessary to be in any part of the CP. If Tigard does not have the funding or staff to conduct a particular project for restoration, it simply should say so and not do it until it does have the funding, etc. Citizens do NOT want this wording anywhere'in the CP. Please remove it. Thank you all for your time and consideration in this matter. Sincerely, ilke, o Creek Suss ember; Fans of Faun BOO of Summer Creek Friends Turtle Conservancy The ATTACHMENT 3 MEMORANDUM TIGARD ?027 TO: Planning Commission FROM: Darren Wyss, Senior Planner RE: Comp Plan Definitions DATE: September 8, 2008 At its August 18, 2008 meeting, the Planning Commission held a workshop to review the Comprehensive Plan Introduction and Glossary. The Commission did not request any changes be made to the Introduction, but identified a number of terms in th'e Glossary for staff to revisit and requested a few terms be added before the public hearing. Below are the definitions that were reviewed with any changes made and the additional terms that were added. A short commentary to explain the change is also included. Citizen - area; , hips, partners . An inhabitant of a city or town, specifically one entitled to its privileges or franchises. StafCommentary - The Commission wanted to ensure the definition was consistent with the policies that are written as a cititien being within the city limits. The new definition is common and found in most dictionaries looked at by staff. The Commission was presented this definition at the workshop and liked the language "entitled to its privileges or franchises' Cluster - Agrouping of development. Specifically. the locations of structures on a given site in one area leaving the remainder of the land in open space. Corvallis Staff Commentary - The Commission asked for this d finition to be added Staff reviewed policy language and a number of d finition used in otherjurisdictions' Comp Plans. This definition is consistent with its use in the Tigard Comprehensive Plan. Community Recreation Facilities - The wide variety of indoor and outdoor sports and leisure facilities 12ublicl owned and operated to promote the health and well-being of the publie community. Some are used primarily for active recreation, others designated for passive uses, with some overlap among or within individual facilities. 1 Staff Commentary - The Commission asked for clarification as to a facility needing to be publicly owned to meet the conditions of this definition. The answer isyes, the intent of the definition is to separate publicly owned facilities from privately owned facilities. Community Parks (Greater than 15 aefes) - Provide a variety of active and passive recreational opportunities for all age groups and These-paths are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include developed facilities for organized group activity as well as facilities for individual and family activities. Staff Commentary - The Commission did not like the format/content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Family Wage - The income necessary for a family to make ends meet without any public or private assistance. Sta,fi~Commentary - The Commission felt the definition was confusing and asked for an alternative. The alternative definition is commonly found in economic development documents around the country. Full Service Recreation Facilities - A collection of facilities that provide a diverse, as opposed to a , array of recreation choices. Together, these &eilities and allow for a wide spectrum of programs and activities that meet the recreational and leisure needs of community residents. Staff Commentary - The Commission asked for clarification as to whether this is meant to be one facility or a combination of facilities The intent is a collection of facilities and is now reflected in the definition. Green Concepts and Practices - Refers to measures to increase re-use and recycling programs, on-site filtration, integrated pest management, the utilizing of tie existing and emergi technologies for conservation and energy efficiency, demand management, and other best management and operation practices. Staff Commentary - Commissioner Muldoon requested that demand management be included in the list of measures included in the d finition. Staff believes it could be represented by "other best management and operation practices", but sees no harm in its inclusion. Greenspace/Greenway (Size should be adequate to pf-eteet the f-esouree) - An area intended to contain a natural quality that protects valuable natural resources and provides wildlife habitat-.-k also pro-vides and opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Staff Commentary - The Commission did not like the format/content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Habitat Friendly Development Practices - Broad range of development techniques and activities that reduce the detrimental impact on fish and wildlife habitat relative to traditional development 2 practices. Examples include clustering development to avoid habitat, using alternative materials and designs such as pier, post, or piling foundations designed to minimize tree root disturbance, managing stormwater on-site to help filter rainwater and recharge groundwater sources, collecting rooftop water in rain barrels for reuse in site landscaping and gardening, and reducing the amount of effective impervious surface created by development. (fualatin Basin Partners for Natural Places) Staff Commentary - The Commission asked for a definition to be added based on the Tualatin Basin Partners for Natural Places program. Linear Parks uses) May be developed along buih or natufal earriders tO Park or greenspace that may provide opportunities for trail-oriented outdoor recreation along built or natural corridors, connect residences to malor community destinations, and. Lifieftr par! may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. Staff Commentary - The Commission did not like the format/content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Neighborhood Parks (4to 14 acres) - The foundation of the parks and recreation system, they provide accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Staff Commentary - The Commission did not like the format/content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Open Space - Public or privately owned areas, both undeveloped or minimally developed, intended for either active or passive outdoor recreation naftffftl resources. Open spaces may include developed facilities that support outdoor recreation and trail-oriented recreation, or areas solely set aside for the nature-oriented recreation and the protection of natural resources, such as fish and wildlife habitat. Staff Commentary - The Commission did not like the format/content of the ori ginal definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Pocket Parks (2,500 square feet to 2 aefes) - Provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. Sta Commentary - The Commission did not like the format/content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. 3 Proven Community Need - A need supported by evidence that is required to amend land use map(s), which ensures that the new land use being proposed is needed in the community in that particular location, versus other appropriately designated and developable sites. Staff Commentary - The Commission asked staff to review and ensure the definition was consistent with its use in the policies and to also confer with the City Attorney. The City Attorney feels the definition is adequate. Rare - An organism or plant community that is recognized and listed as exceptionally unique, uncommon or scarce by a federal, state, or regional governmental body or agency. Rare species may also be listed as threatened or endangered under the Federal or Oregon Endangered Species Acts. Staff Commentary - At the request of Sue Bielke, the Commission asked staff to include a d finition for rare, threatened, and endangered species. As a threatened or endangered species is a commonly accepted term, staff did not include a separate d finition. This definition is consistent with the example provided by Ms. Beilke, with an addition that it must be listed to be considered rare. Regionally Significant Habitat - Areas identified as providing benefits to fish and wildlife, and classified for protection based on habitat quality and importance economic and social value of the land, and current development status. (Metro) ae Staff Commentary - The Commission asked staff to ensure the definition was consistent with Metro Renewable Energy - rapid 6tne seale. They eaft be used by humang fnere or- less indefinitely, provided the qufflitity taken per ttfiit of 6ffie is liat too great. Energy sources that are either inexhaustible (solar, wind) or replenished over a short period of time (low impact hydro, biomass geothermal Most renewable energy ultimately comes from the sun.- indirectly in the case of wind water, and biomass; directly in the case of solar power generation. Natural gas and coal for example are not renewable because their use consumes fossil fuel reserves at a much quicker rate than they can be replenished (Green Power Oregon) Staff Commentary - The Commission asked staff to review and ensure the definition was consistent with State of Oregon definitions. Significant Habitat - Areas classified through the work of the Tualatin Basin Partners for Natural Places and adopted as part of Metro's Regionally Significant Habitat Areas and identified on the Tigard Significant Habitat Areas Map. Staff Commentary -The Commission asked for a definition to be added to clarify Tigard's programs and its relationship to Metro Title 13 program. Special Use Area (variable depending on desired size) - Public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. 4 Staff Commentag - The Commission did not like the format/content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Support - To aid the cause, policy or interests of or contribute to the progress or growth of Staff Commentary - The Commission asked for a definition to be added. Upland Habitat-All habitats beyond a riparian corridor. Examples include oak 12rairie, Vonderosa pine/oak camas prairie, mixed conifer forest, etc. Sta Commentary - At the request of Sue Bielke, the Commission asked staff to include examples of upland habitat. This is consistent with a number of other definitions that include examples. Urban Forest - All the trees located within the city limits eellec-tively, including both remnants of native forests and planted landscapes. Staff Commentary - The Commission asked for clarification as to why there needed to be a separate d f nition for urban forest and urban forest, diverse. These were two terms the Policy Interest Team debated at length and felt needed to be separately defined. Staff sees no harm in having the two definitions included. The definition for urban forest was cleaned up to add more clarity. Wetland - An area that is inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions: (Statewide Planning Goal 5) Sta Commentary - At the request of Sue Bielke, the Commission asked staff to look into the definition used by the Oregon Department of State Land. The definition from DSL is consistent and is as follows: 141-090-0020 Definitions For the purpose of these rules: (35) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (ORS 196.800(16) and OAR 141-085-0010). Staff finds the definition to be consistent with all state agencies. Wildfire - Any fire occurring on wildlands that requires suppression response. (Washington County Hazard Mitigation Action Plan) damaging, or threatening to dainag , forest Staff Commentary - The Commission felt the definition was to narrow in its use of forestland and aske d staff to review the Wlashington County Hazard Mitigation Action Plan definition. The Glossary is now consistent with Washington County. 5 Please review the Introduction and Definitions and if you have any questions, or would like to see more terms defined, please be sure to contact me at darrenQtigard-or.gov or 503-718-2442. See you on Monday the 15,h. 6 Agenda Item # Meeting Date October 14, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Resolution Establishing City Council Member Stipends, Including Identifying Additional Duties and Responsibilities and an Increased & Vend for the M or r Prepared By: C. WheadU Dept Head Approval: L' City Mgr Approval: v ISSUE BEFORE THE COUNCIL Consideration of a Resolution establishing City Council Member stipends, including additional duties, responsibilities and an increased stipend for the Mayor STAFF RECOMMENDATION Review the attached Resolution and determine if it adequately reflects the City Council direction to staff at the September 23, 2008, City Council meeting. KEY FACTS AND INFORMATION SUMMARY • The City Council is charged by City Charter Section 11 and by the Municipal Code Section 2.44.010 with responsibility to set annually the amount of compensation for the appointed or elected officers of the City. • The Council Service Task Force studied the matter and recommended additional compensation for an elected official to assume additional responsibilities. • On June 3, 2008, the City Council discussed the recommendation by the Council Service Task Force. The Council decided it would like to provide additional compensation for the Mayor to assume additional responsibilities. A Public Hearing on this matter was held July 8, 2008, followed by additional Council review on September 23, 2008. • The City Council recognized that for the next year there would be important duties over and above the regular City Council duties and liaison assignment. These duties will include: Attendance at meetings of committees, governmental bodies and stakeholders relating to regional transportation decisions, including light rail alignments; and the regular involvement of an elected official to connect with business and property owners in the implementation of the Downtown Plan • The City Council reviewed a Letter ofAgreement drafted for the additional responsibilities and stipend for the Mayor at its September 23, 2008, meeting. Staff proposes that this change be memorialized in a resolution to reflect the responsibilities and stipend since Council compensation was previously implemented by resolution. • The proposed resolution supersedes Resolution No. 99-50. OTHER ALTERNATIVES CONSIDERED Modify the proposed resolution. CITY COUNCIL GOALS Goal 1: Pursue opportunities to reduce traffic congestion in Tigard. ATTACHMENT LIST 1. Proposed Resolution superseding Resolution No. 99-50 2. Resolution No. 99-50 3. Excerpt of Minutes (Draft) from the September 23, 2008 Council Discussion on the Proposed Letter ofAgreement FISCAL NOTES The funds for an increased stipend are included in the 2008-09 Budget. L\Citywide\Council Packets \Packet '08\081014\Stipend AIS.doc ' Attachment 2 CITY OF TIGARD, OREGON RESOLUTION NO.99-S0 A RESOLUTION OF THE TIGARD CITY COUNCIL TO ADJUST THE RATE OF COUNCIL COMPENSATION, EFFECTIVE JULY 1, 1999 WHEREAS, Ordinance No. 95-22 amended Tigard Municipal Code Section 2.44.010 which provides for Council compensation, and WHEREAS, each year the City Council/Budget ::(.mmittc ~ ,11 review Council compensation during the City budget process; and WHEREAS, upon review and discussion, the Budget Committee members voted `o amend the rate of compensation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The rate of Council compensation shall be as follows: Compensation Amount Effective Date Mayor: x475/mo: July 1, 1999 Councilors: 5350/ no July 1, 1999 • SECTION 2: Payment to Council members shall be made quarterly through the City's payroll process on the last pay period of each quarter. PASSED: This 2 9 day of 1999. r- ity of Tigard ATTEST: Q" City Recorder - City of Trig 0 RESOI,T_iTION NO.996 6 Page 1 Attachment 3 Excerpt - Meeting Minutes Council Meeting - September 23, 2008 8:08:16 PM Mayor Dirksen advised he would recuse himself from discussion for Agenda Item No. 7 and left the Council dais and took a seat in the audience. He advised he would be present to answer questions or give testimony as requested by the City Council. Council President Sherwood presided during the discussion for Agenda Item No. 7. 7. CONSIDER A LETTER OF AGREEMENT TO DEFINE ADDITIONAL DUTIES, RESPONSIBILITIES AND AN INCREASED STIPEND FOR THE MAYOR Assistant City Manager Newton advised that what the City Council has before it is a copy of the draft Letter of Agreement, which was distributed to the City Council on September 9. This draft reflects the work of the subcommittee (Councilor Woodruff, Council President Sherwood, Jason Snider and Sue Yesilada). The draft includes strikeouts and additions made by the subcommittee. Assistant City Manager Newton requested that Council review noting this represented an agreement that would be between the Mayor and the City Council. Council President Sherwood acknowledged Linda Monahan to present information to the City Council. Linda Monahan, 10248 SW Kent Court, Tigard, Oregon spoke to the City Council. A written copy of her testimony is on file in the City Recorder's office. Her comments included six key points: 1. The letter of agreement identified the expectation that the Mayor is to serve as a lobbyist. A lobbyist is subject to obligations and restrictions. 2. Expectations in the form of job duties are listed but there is no mention of outcomes or deliverables. 3. The Mayor would receive $42,000 a year for an average of 20 hours per week of work To her this seemed like a salaried employee, not a stipend. If the Mayor were serving as a lobbyist, this seemed to her to be an ethics violation. 4. Is the $42,000 in addition to the current stipend and healthcare benefit rather than in lieu of? She asked about the work of a transportation consultant who will be engaged to perform these endeavors as well. 5. The performance of the Mayor is to be reviewed in March and September in 2009. This sounds to her like a "done deal" for the next fiscal year. She said she originally understood that the performance was going to be reviewed periodically, however, if the review is done after July 1, 2009, then the Council would already be setting up for next fiscal year. 6. This is an issue of governance. It appears to her that the agreement is cross pollinating with what the City Manager and staff traditionally do with what the Mayor is now being authorized and compensated to do. What started out as finding a way to attract Council 1 I:\ADM\Cathy\CCM\2008\Excerpts\Excerpt from September 23 cc mtg - stipend for mayor.docx DRAFT members has morphed into what could be viewed as altering the City Council/Manager form of government. Tigard citizens did not vote on this. Tigard Citizens did not know the Mayor was going to become the City's lobbyist. If they did, they might have made a different choice or would have had some "kind of say" in the matter. Ms. Monahan said the letter of agreement and this proposition needs some work. 8:14:09 PM Councilor Wilson said Ms. Monahan has some good points. Ms. Monahan submitted a copy of her written testimony for the record as noted above. Council President Sherwood referred to Ms. Monahan's testimony and agreed that several of the points contained in the letter of agreement needed changing. The Committee wants the Mayor to be the City's primary representative on transportation issues within the region at JPACT and other important committees where an elected official is required to sit. The Mayor would serve as a representative not only for the County but for the City, too. "We are not looking for a lobbyist; we have a lobbyist. What we want the Mayor to do is to be a representative as an elected official at these meetings... " She asked Ms. Monahan if she was opposed to the City trying to get more money for 99W and make some transportation fixes within the City? Ms. Monahan said, "No, I'm just opposed to the way you are going about it." Council President Sherwood noted there has been a lot of discussion about this proposal, which came from citizens and was discussed by the Budget Committee. Ms. Monahan reminded Council President Sherwood that she has spoken to the City Council about this issue twice in the past. In response to a request by Assistant City Manager Newton for clarification, Council President Sherwood advised that the letter of agreement should reflect that the Mayor would serve as the City Council's primary representative on transportation issues regionally. Ms. Monahan asked how the City Council was planning to proceed. Will this be brought back as a revised document? Council President Sherwood said it would likely need to be revised after tonight's discussion. Council President Sherwood asked for comments from the City Council members. Councilor Buehner said the public should know that most of the major committees making decisions about funding for the region meet during the day for several hours at a time; this makes it impossible for someone who has a job to attend. A staff member attending the meeting is not allowed to participate. Often, the preference is that the Mayor attend or, possibly, the Council President. Councilor Buehner said she is not sure if Ms. Monahan was aware of this. "We're in a box now, where if we want to get funding, we have to send the Mayor. We don't have a choice... Places that have gotten the money are the cities that have retired Mayors. So, the other option is to say, if you want to run for Mayor of this City you have to be retired or independently wealthy. And, I don't think that's fair to the rest of the 2 I:\ADM\Cathy\CCM\2008\Excerpts\Excerpt from September 23 cc mtg - stipend for mayor.docx DRAFT citizens of this community either. So, I just wanted to make sure that you were clear on that." Ms. Monahan responded that she was aware of the above information presented by Councilor Buehner. She referred to prior members of Council; i.e., Ken Scheckla and John Cook, who spread out assignments throughout the Council. Council President Sherwood agreed with Councilor Buehner that the "rules have changed" in the last couple of years. Councilor Buehner said what you could do ten years ago isn't viable at this time. Councilor Buehner noted she had to receive special permission to attend one of the Committees for which the Mayor's attendance is preferred. This is a dilemma that all cities are now facing. To adjust, either we have to have a Mayor or Council President who has the time to attend these meetings or we make it clear that retired or independently wealthy people should be mayor. Councilor Wilson suggested the Council review the points raised by Ms. Monahan as there are some valid points. He also would like to hear comments by the City Attorney regarding the lobbyist issue. After brief discussion, it was agreed that rather than identifying the Mayor as a lobbyist, he would serve as the "transportation representative." Councilor Wilson referred to the second point made byMs. Monahan regarding identifying tangible outcomes. At the least, Councilor Wilson said he hoped the amount received due to the Mayor's work would at least equal the $42,000 stipend. Councilor Wilson said the City might receive funding in the millions of dollars with the additional attention from the Mayor, however, if this proposal does not appear to be working, the Council has the ability to terminate the agreement. Councilor Wilson referred to the third point regarding the Mayor being a salaried employee and a potential ethics violation. He said he did not see this being as any different than the stipend currently received. Council President Sherwood agreed. City Attorney Ramis commented that the premise of the argument is that a separate new employee position is being created, which is different from his understanding of the Council's objective. The Council is exercising its authority under the Charter to establish a stipend as the first point. And secondly, the Council is exercising its authority under the Charter to organize the work of the City Council. This is the power you are exercising; not the authority through the Budget process to create new positions. Councilor Wilson asked for the definition of a stipend; could it be argued that we are doing more than that? City Attorney Ramis said the term used is probably not limiting. It is there to provide you with the prerogative to set some sort of financial remuneration for your efforts. The real remedy under the Charter is at the ballot box to the extent that the voters are uncomfortable with the Council's determination. Councilor Wilson said it should be clarified whether the $42,000 is in addition to the stipend now received. He said he believed that this was intended to be the total amount, not in addition to the current stipend. Council President Sherwood agreed this should be clarified. Councilor Wilson noted that the other benefits will continue to apply. 3 I:\ADM\Cathy\CCM\2008\Excerpts\Excerpt from September 23 cc mtg - stipend for mayor.docx DRAFT Councilor Wilson referred to another point brought forward by Ms. Monahan regarding a transportation consultant. Yes, the City Council discussed this in the study session before the Council business meeting. He said he still has concerns about the definition of this consultant's work; however, this is not related to this proposal. He explained the agreement with Consultant Geoff Larkin. Mr. Larkin is not a lobbyist, but a consultant who has expertise in the area of developing high-capacity transit corridor projects. He worked on both eastside and westside light rail project; in fact, he's worked on every light rail project we have had in the region. He is familiar with the federal process to secure funding for light rail. Mr. Larkin will be assisting the City of Tigard and giving advice on how to approach and seek light rail for the 99W corridor. Councilor Woodruff added that the Mayor would work closely with Mr. Larkin on the light rail and other transportation issues. Councilor Wilson referred to Ms. Monahan's point regarding evaluating the performance of the Mayor. This has been identified for this to happen every six months. The March evaluation would coincide well with the budget process. Councilor Wilson referred to Ms. Monahan's point regarding alteration of the form of government. He said he believed the Council would argue that this action would merely increase the stipend. Councilor Woodruff said it is interesting because the Council has not heard from many people on this proposal, pro or con. Some people have been talked to individually and, in some cases, people thought the Mayor already.is working full time. It is important for people to know that the Council is not moving the Mayor into the Caty Manager role. We will still retain the "CEO" of the City. City Manager Prosser will remain in charge of staff. This would not change the way in which staff are supervised or the form of governance. Councilor Buehner said when she reviewed the draft she decided it needs a lot more information outlining what is expected in terms of what the Mayor will be doing; e.g., attending JPACT and the necessary supporting meetings including meeting with other members of JPACT. This is the type of information that should be included in the job description. Council President Sherwood suggested that a "responsibility description" be outlined in the agreement. For example, wording could reflect that the Mayor would represent the City at JPACT, MPAC, WCCC and meet with other officials of those bodies 8:29:32 PM Councilor Woodruff said that there is no question that this is an experiment. We have never done this and he said he did not know of any other cities in Oregon doing this. It might not work In six months, the Council or the Mayor might decide this is not meeting the City's needs or the needs of the Mayor and his employer. He said he was appreciative that the Mayor has been flexible with this as is his employer, there are no guarantees that this would be an ongoing situation. Councilor Woodruff said the Council thinks it's worth an investment for six months to a year to determine whether this would make a difference.: If it cannot be justified, then we will discontinue it or the Council might discontinue this 4 I:\ADM\Cathy\CCM\2008\Excerpts\Excerpt from September 23 cc mtg - stipend for mayor.docx DRAFT agreement if there is a Mayor or Council President who aren't amenable to this or if other City Council members do not think the Mayor or Council President should do this job. Whether or not this is continued must be determined every year. Councilor Woodruff said he would be willing to do this as an experiment. We are going to see what kind of return on investment this might produce. He added that this is a fairly modest investment for a City our size. 8:31:01 PM Council President Sherwood said this is borne out of frustration with the City trying to find more transportation dollars to fix 99W. After meeting with various regional representatives, we found out that unless we have someone at the table, we aren't going to be getting any place. We need to have visibility. Almost all of these meetings are held during the middle of the day when those who have jobs cannot attend. Council President Sherwood said she was willing to try this for six months to a year. 8:31:40 PM Council President Sherwood suggested a change to the agreement. She said when the meeting schedule was researched, the current schedule was the basis to selecting the days and times. This might change. She suggested identifying specific days should be deleted with it specified that the remuneration would be for 20 hours per week. Councilor Woodruff said this is 20 business hours and does not take the place of the time that is already expected of any of the Council members as elected officials. The additional compensation is intended to free up 20 hours per week during business hours when certain meetings occur. Councilor Woodruff said it puzzled him why many of these things are scheduled during business hours since most people do have jobs. It seems more consideration should be given to this; however this is not the reality. He said he thinks the Mayor has already used up all of his vacation time this year and most of it has gone towards City-related work. It is not fair for anyone to be expected to have all their vacation go towards City work. Councilor Wilson said he wanted to add to a statement made by Council President Sherwood. He said this idea came from two areas of frustration: 1. Frustration with trying to find a way to entice people to run for Mayor. This was the question posed to the Committee. 2. Frustration by the Council regarding the inability to get transportation funding. We felt that we were not getting our share. Information regarding Regional Moden=atwn Equity Splits, 2008-2001 S77P was referred to by Councilor Wilson and a copy of this information is on file in the City Recorder's office. 8:35:02 PM Councilor Wilson said the projected revenue for Washington County for Oregon Department of Transportation (ODOT) was $235,000,000. If that money were allocated according to population, Tigard's share would be about $21,000,000, because we are 9 percent of the County. It has been increasingly obvious that ODOT funds are spent in a 5 I:\ADM\Cathy\CCM\2008\Excerpts\Excerpt from September 23 cc mtg - stipend for mayor.docx DRAFT manner that does not appear to have any rational basis for spending the money where people are paying for the roads they are driving on. He gave the example of the Staley junction project at the intersection of Highway 26 and Highway 47 near Buxton. This overpass project is already funded. That intersection has less than half of the traffic of Hall Boulevard and Bonita. Hall Boulevard is also a State highway. The Staley junction project is getting $18-24 million. He said he does not recall the last time ODOT spent that kind of money inside the City limits of Tigard. 8:36:33 PM Councilor Wilson referred to other projects: • Highway 219 - Farmington Road for $4.5 million • Highway 219 - Burkhalter/Simpson Roads for $1.5 million • Highway 219 - Unger Road for $1.3 million • Highway 219 - Tongue Lane and Grabel Road - $1.4 million The above is all ODOT money. Councilor Wilson said he is not sure how ODOT projects get funded; but, it is obvious that there is no relationship with where the money comes from. Council President Sherwood said the Council hopes this experiment works. If it doesn't, at least we have made a presence in the region to let people know that we are concerned enough about these transportation dollars leaking out of this area and not coming back. We have already been told that the State legislature will not be addressing the gas tax this year. 8:38:17 PM Assistant City Manager Newton summarized her understanding of the changes the City Council would like to the letter of agreement: • No. 3 - Instead of "expectations" refer to "responsibilities." • Under responsibilities change No. 2 to read: "Serve as the City Council's primary representative on transportation issues." • No. 5 - Hours and Schedule: Delete the days. • No. 6 - Compensation: Be clear that it is $42,000 annually (not in addition to the current stipend); other benefits will continue. • City Manager Prosser advised that the existing stipend is paid through the City's payroll system. He recommended that the agreement be silent regarding as to the frequency of the payment. • No. 7 - City Manager Prosser suggested that the wording be, Menivn ofthe City Council shall ?euew the perforrm xe in Mardh and Septeiur of each )ar. • No. 8 - City Manager Prosser suggested that wording to the effect that this agmwnrt shall run fmm in*tion to June 30 and will be m ie¢ea:l and be eligible for mwzad ezv y July 1 sr This would set the time period and comports with Councilor Woodruff's comment regarding containing the timeframe of the agreement to the fiscal year. Councilor Woodruff agreed that a review should be done in March, so if it should not move forward, it would 6 I:\ADM\Cathy\CCM\2008\Excerpts\Excerpt from September 23 cc mtg - stipend for mayor.docx DRAFT not be a part of the Budget process for review. Council agreed to retain the two time references for review. September and March. 8:41:16 PM • Councilor Buehner said Councilor Woodruff made it very clear that the work the Mayor would be doing is in addition to his current duties with respect to meetings and meeting preparation for intra-city meetings. She said this should be included in the agreement. Councilor Woodruff said this would be taken care of with language referencing "business hours." Councilor Buehner said that his point was well stated and should be physically included in the agreement. Assistant CityMartager Newton clarified Ms. Buehner was referring to City Council and other liaison assignments that the Mayor would have. Council President Sherwood said she did not think this should be in the agreement since when one runs for Mayor it is understood this is part of the responsibilities. The agreement is dealing with assignments during business hours. • Councilor Woodruff referred to the amount of hours to be worked, which is an average of 20 hours per week Assistant City Manager Newton asked the City Council members to send her specific wording in the "responsibilities section" to be added. Councilor Woodruff said the responsibilities listed in the agreement would not be all inclusive. CityManager Prosser reviewed the tentative agenda for upcoming City Council meetings. City Council agreed they would allow this item on the October 14, 2008, City Council meeting even though it is fully scheduled. Mayor Dirksen responded to the comments regarding "responsibilities." He said it might be a good idea for this section to have a phrase that says something such as: A nd olaer tasks or mponsibilittes as dx Coaaal orMayrrr mry deemas appropriate There might be other items coming up, which have not been thought of yet. Council President Sherwood agreed. 7 I:\ADM\Cathy\CCM\2008\Excerpts\Excerpt from September 23 cc mtg - stipend for mayor.docx DRAFT