City Council Packet - 10/28/2008
City of Tigard, Oregon • 13125 SWHall Blvd. Tigard, OR 97223
41
TIGARD CITY COUNCIL
MEETING
October 28, 2008 -
COUNCIL MEETING WILL BE TELEVISED
I:\Ofs\Donna's\Ccpkt3
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov 9 TTY Relay: 503.684.2772
City of Tigard, Oregon
Affidavit of Posting
TIGARD
In the Matter of the Pro osed Ordinance(s)
STATE OF OREGON )
County of Washington ) ss.
City of Tigard
I, , being first duly sworn (or affirmed), by oath
(or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number(s) (A -11 , 0 1? 19 , 0 F -I S/ , which were adopted at the City Council
meeting of with a copy(s) of said Ordinance(s) being hereto
attached and by reference made apart hereof, on the
_ day of c , 20 U
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
AL
Signature of Person who Performed Pos
Subscribed and sworn (or of ed) before me this day of
200
OFFICIAL SEAL 4).
allm WNOTARY PU~BLIC-OAflE~00N Signature of Notary Public for Ore
NOT COMMSSION NO. 419M
[iMY COMMSSIO PIER RES AUG. 04, 2011
1A8dm~ca1nyVo=s\pos1 ordinance 2000.doe
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO.2008-
AN ORDINANCE ANNEXING 1.43 ACRES OF LAND, INCLUDING TWO (2) PARCELS,
APPROVING THE CACH ANNEXATION (ZCA2008-00003) AND WITHDRAWING PROPERTY
FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to
annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which
currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriff s Patrol
District and Washington County Urban Roads Maintenance District upon completion of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on October 28, 2008, to consider the annexation of
two (2) parcels of land (Washington County Tax Map 2S105DC, Tax Lots 101 and 300) located on SW Sunrise
Lane, and withdrawal of said parcels from the Tigard Water District, Washington County Enhanced Sheriffs
Patrol District and Washington County Urban Roads Maintenance District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt
obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public
hearing on October 28, 2008 on the issue of the annexation into the City and withdrawal of the annexed parcel
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County
Urban Roads Maintenance District; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the
Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban
Roads Maintenance District; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to
the City zoning most closely conforming to the County zoning; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan
and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed property from the applicable service districts is in the best interest
of the City of Tigard.
ORDINANCE No. 08-
Page 1
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the
attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District,
Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads
Maintenance District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of
this decision; a copy of the staff report is attached hereto as Exhibit "E" and incorporated
herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing
certified copies of the Ordinance with Metro for administrative processing, filing with state and
county agencies as required by law, and providing notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads
Maintenance District shall be the effective date of this annexation.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard
Water District shall be July 1, 2009.
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By'LIM17 l M MS vote of all Council members present after being read by number and
title only, this. day of _ c4-o ~e )2008.
Cathy Wheatley, City Recorder
APPROVED: By Tigard City Council this c~16 day of , 2008.
Craig i ksen, Mayor
Approved as to form:
Attorney Date
ORDINANCE No. 08- /(P
Page 2
` (r EXHIBIT A
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L, YXIBIT "A"
LeI40 Description of Tax Lots 1.01 anti. 300i Ass.essoi•s -Map 2S 105DC
A parcel of land located ill the southeast one-quarter of Section. 5,1row.nship 2 South., Range 1
West of the W.i.11amette Meridian in Wasbirrgtoii Coui.ity, Oregon, said parcel being more
particularly described as .fol.tows:
Commencing at the Sotttl>we'st corner of the southeast one-quarter of said Section 5;
Thence, North. 00°*47'20" East, along the west line of said SOLIOIeast.one-quatter, a. distance of
465:00 feet;
'rhence; South. 89°49'00'' East; para:llet with -th:e south line of said Section 5, a distance- of
1030.50 feet to the west riblrt-of=Nvay line of S.W. Sunrise Lane as dedicated to the public by
dedication deed recorded .May 14., 1.931 in Book 1.47, Page 81, Washington. County Peed
Records, saki right-of-way line being 20.00 feet from the centerline thereof, measured
perpendicular thereto;
Thence., North 04 ° I 'J-'22*' East, along said west. right-of-way Liite, a distance of .110.00 feet to the
of the northeast corner of that parcel of land conveyed to Elton C. Phillips acid Sabina Jeanne
Phillips 'by 4v4rranty deed recorded* Nouetiiber 12, 1.968 its. Book 723, Page 730, of said deed
records; said point being die Point. of Beginning. I
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I
Thence, ti-otn said Point of Beginning, North. 89°49'.00" Went, along the north line of said l
Phillips paIrc:61, a clistauce of 182.00 Peet to the northwest coiner tliereof, which is oa the east liiie ~
of that tract of Imid conveyed to the city of'rigard, Oregon by statutory warranty deed recorded
May 27, 1998 in Fee Number 9.5-55401, said deed records, and referred to there. in as Parcel 2;
Thence, Nortlr O5 ° 03'46" Fast along; tlrc east. line. of. said City. of Tigard, tract; .a distance .of
LI 5.66 feet to the southwest corner, of that parcel of land conveyed to Christol)her J. Cach and
Sheri L. Caeh by special warranty (iced. recorded April 15., 1:996 in i'ee. Number 96-33077 said
deed records; i
i
Thence, North 04-049'18", West along the west line of said. Fee. Number 9G-33.077,. a distance of
227.45 feet to the northwest corner of said Fee Number 96-33077;
Thence, North 88 °40'34" East along the no.rtli line of said Pee Nui.nber 96-3'1077,, a. distance of
162.78 feet, to said west right-of-way line ofS.W. Sunrise Lane,
Thence, South 14 ° 17'37" East along said west right-bf-way burr of SN..Sunrise, Lanz, a distance l
of 1.68.76 feet;
Thence, Sonfh 04'13'22"- West along. said west right-of-way line of S.W. Sunrise Lane, a ~
cii:stancc of .183.16 feet to the Point of Beginninti,
9755 SW Barnes Road, Suite 300 • Porttaod, OR 97225 • " 503.626.0455 • F 503.526.0775 • www wIvacific.com
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Tlie above described garoel contains 61,977 sclume feet more oT less, which is 1.42 acres more or
less.
REG(STERED` ^
PRQFESSLp.NAL
i LAND'SURVEYOR
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OREGON!-
JULY-25.19.90
CHARLES L. WI LEY
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SIGNED: -71v'1;z4)0'q
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13125 SW Hall Blvd
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(503) 639-4 t71
INVITEES
Community Development Plot date: Sep 10, 2008; C:\magic\M1AGIC03.APR
TO THE COUNCIL OF THE CITY OF TIGARD, OREGON:
We the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s.) hereby
petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this
request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for
Annexation.
LEGEND:
PO - Property Owner
RV - Registered Voter PAGE ( OF
OV - Property Owner & Registered Voter
I AMA PROPERTY DESCRIPTION
SIGNATURE PRINTED NAME PO RV Ov ADDRESS Township/ Map Tax Lot Precinct D,--E
Section Number Number Number
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EXHIBIT E
Hearin Date: October 28, 2008 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON.
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: CACH ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2008-00003
APPLICANTS/
OWNERS: Christopher and Sheri Cach
15170 SW Sunrise Lane
Tigard, OR 97224
PROPOSAL: The applicants request annexation of two (2) parcels totaling 1.43 acres to the City of
Tigar. The proposed annexation does not include any development plans. The
sub'ect property is an island of unincorporated land surrounded by the City of Tigard
wi land owned by the City on the west and south and private land on the north and
east.
LOCATION: 15170 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S105DC, Tax Lots
101 and 300.
CURRENT
ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County
R-6 District is to implement the policies of the Comprehensive Plan for areas
designated for residential development at no more than six (6) units per acre and no
less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6.
The intent of the R-6 District is to provide the opportunity for more flexibility in
development than is allowed in the R 5 District. The' average lot area for
single-family detached dwellings within a proposed development shall be no less than
4,500 scrcare feet and the minimum lot area shall be 4,000 square feet. The minimum
lot area or single family attached units shall be 3,500 square feet.
EQUIVALENT
CITY ZONE: R-7: Medium-Densi Residential District. The City of Tigard R-7 zoning district is
designed to accommodate attached single-family homes, detached single-family
homes with or without accessory residential units, at a minimum lot size of 5,000
square feet, and duplexes, at a muumum lot size of 10,000 square feet. Mobile home
parks and subdivisions are also permitted outright. Some civic and institutional uses
are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code
Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and
Policies: Goal 1.1 (Updated Version); Goal 11.1 Policy 4 (Updated Version); Goal
11.3, Policy 6 (Updated Version) and Policy 10.1(Non-updated Version).
CACH ANNEXATION
ZCA2008-00003 PAGE 1 OF 9
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation (ZCA2008-00003) meets all the
approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development
Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1
(Updated Version); Goal 11. 1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy
10.1 (Non-updated Version). Therefore, staff recommends APPROVAL of ZCA2008-00003 by adoption
of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
The proposed annexation includes two (2) parcels totaling 1.43 acres. The parcels are located in the Bull
Mountain area, contiguous to the previous Cach Creek Area Annexation (ZP(;A2006-00002). The subject
parcels are contiguous to the City on all sides and constitute an island of unincorporated rand within the
ty
Tax Lot 101 contains a single-family dwelling and outbuildingsi Tax Lot 300 is vacant. The subject
property is gently sloped with sparse trees with significant habitat areas overlaying portions of both
parcels.
Christopher and Sheri Cash, owners of the subject parcels, have petitioned for annexation. Christopher
and Sheri Cach are the only registered voters within the proposed annexation area. Therefore, 100 /o of
property owners and 100% of the registered voters have petitioned for annexation.
SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND
CONCLUSIONS
State: ORS Chapter 222
Regional: Metro Code Chapter 3.09
City. Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan
Goals and Policies: Goal 1.1 (Updated Version)- Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6
(Updated Version) and Policy 10.1 (Non-updated Version).
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
Chapter 18.320.020.B: proval Process and Standards
Approva Criteria. The decision to approve, approve with modification, or deny an application to
annex property to the City shall be based on the following criteria:
1. All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area;
The City of Tigard Comprehensive Plan's Urbanization Chapter (Non-updated) (Policy 10.1.1) defines
services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below.
Policy 10. further defines capacity as "adequate capacity, or such services to be made available," to
serve the proposed area "if developed to the most intense use allowed," and "will not significantly reduce
the level of services available to developed and undeveloped land in the City of Tigard."
CAC HANNEXATION
ZCA2008-00003 PAGE 2 OF 9
Upon annexation, the suNect property will be zoned R 7, a Medium-Density Residential zone, with a
minimum lot size of 5,000 square feet. The subject property totals 1.43 acres. Based on the available
information, and subtracting 0% for public facilitates, staff estimates a maximum density of 10 units on
the subject property.
When the subject. property develops the applicant will be required to connect to public service facilities.
The land use review process will identify specific service provisions and require additional facilities or
upgrades as appropriate, as well as consider the sensitive lands present.
Water - City of Tigard. Tigard Water District is the current service provider for the subject properties.
Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject
property. According to the October 6, 2008 letter from City Engineer Agustin Duenas the water system
does have the overall infrastructure and adequate capacity to serve the properties to ~e annexed at the
most intense use allowed without significantly reducnig the level of service available to developed and
undeveloped land within Tigard.
Sewer - Clean Water Services/City of Tigard. Clean Water Services (CWS) is the service provider of
sewer service. The existing single-family home on Tax Lot 101 is on a septic system. Upon annexation,
the City of Tigard will be the provider of sewer service. According to the October 6, 2008 letter from City
En ineer Agustin Duenas, the City is capable of providing retail level sewer service without significant
reduction in the level of services provided to developed and underdeveloped properties in the City.
Drainage - Clean Water Services/City of Tigard. Clean Water Services is the current provider of
stormwater service. Upon annexation, the Ciy of Tigard will be the provider of stormwater service. A
single-family home exists on Tax Lot 101. If antd when the parcel develops, the parcel will alreadyy be inside
city limits and will be required to receive City stormwater services. According to the October 6, 2008 letter
from City En ineer Agustin Duenas, the City has the capacity to provide retail level storm sewer service
without significant reduction in the level of services provided to developed and underdeveloped properties
in the City.
Streets - City of Tigard Capital Construction & Transportation Division. The subject pproperty is
located north of SW Bull Mountain Road at 150t' Avenue. According to the October 6, 20081etter from
qty Engineer Agustin Duenas, the City has determined that it can provide street-related services to this
site and doing so will not significantly reduce the level of services to developed and underdeveloped
properties in the City.
Police - City of Tigard Police Department. The City of Tigard Police Department reviewed the
subject proposal and commented that they have no objection to it. The Tigard Police Department has
determined that it has adequate services to serve the most intense use allowed and that providing services
will not significantly reduce the level of services available to developed and undeveloped land within the
City of Tigard.
Fire - Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and
Rescue's CI'VF&R's) service area. The TVF&R District currently provides services to the entire Bull
Mountain area both inside and outside of the City of Tigard. The Fire District has personnel and
equipment in the area that can respond to an emergency incident and implement such actions as may be
necessary for fire and/or rescue operations to developed and undeveloped land. within the City of Tigard.
TVF&R s new fire station, Station No. 50 located within approximately 1.5 miles of the subject property
at SW 124th Avenue and Walnut Street, is cue to open in December 2008.
Based u on this review, staff finds that all public services and facilities as defined b the Com rehensive
ovi e service to
P an are ava* a e to t e propose annexation territo and sufficient ca aci to provide-
the ro ose annexation temto developed tote most intense use allowe-d and signif icant
reduce f he level o services available to developed an un eve ope an in the City o Tiga
CACH ANNEXATION
ZCA2008-00003 PAGE 3 OF 9
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have
been satisfied.
The following Com rehensive Plan goals and policies apply to the pro osed annexation: Goal 1.1
F01.11 dated Version); Goo al 11.1 Poli cy 4 (Updated Version); Goa111.3, Policy 6 (Updated Version) and Policy
(Non-updated VersiR. Staff has determined that the proposal has satisfied the applicable
Comprehensive Plan policies based on the following findings:
Goal 1.1 (Undated): Citizen Involvement. The City shall provide citizens, affected agencies and
other jurisdictions e opportunity to participate in all phases of the planning process.
The City, maintains an ongoing citizen involvement program. To assure citizens will be provided an
opportunity to be involved in all phases of the planning process, the qty provides notice for Type IV
land-use applications. The City posted, mailed and ubElied notice of the public hearing as follows. The
City ublished public notice in The Tiund Tualatin Sbmwod Tinz for two successive weeks (October 9 and
16, 208) prior to the October 28, 2008, public hearing. The City posted a sign on the subject property on
SW Sunrise Lane on September 10, 2008. The City posted hearing notice for public view on September 11,
2008: Tigard Library, Tigard City Hall, and Tigard Fermit Center.
In addition, the City maintains a list of interested parties who were mailed notice on October 6, 2008,
including former members of Citizen Involvement Team West. Staff finds that this policy is met.
Goal 11.1 (Undated): Public Facilities and Services.
Policy 4. The City shall require the property to be located within the city limits prior to receiving
City stormwater services.
A single-family home exists on Tax Lot 101. If and when the parcels develop, the parcels will already be
inside city limits and will be required to receive City stormwater services. Therefore, this policy is met.
Goal 11.3 (Updated): Public Facilities and Services.
Policy 6. The City s a require
a property to be located within the city limits prior to receiving
City wastewater services.
A single-family home exists on Tax Lot 101. If or when the.parcels develop, the parcels will already be
inside city limits and will be required to receive City sewer services. Therefore, this policy is met.
Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard,
a) the City shall review each of the following services as to adequate capacity or such services to
be made available, to serve the parcel if developed to the most intense use allowed, and will not
significantly reduce the level of services available to developed and undeveloped land within the
City of Tigard: 1. Water, 2. Sewer, 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection.
As addressed under 18.320.020 above, all services and facilities are available to the area and have sufficient
capacity to provide service for the proposed annexation area.
b) If required by an adopted capital improvements program ordinance, the applicant shall sign
and record with Washington County a non-remonstrance agreement regarding t-lie 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 followin : a)
Water, b) -Sewer, c) Drainage, and d) Streets. 2. The formation of -a special district for any of the
above services or the inclusion of the property into a special service district for any of the above
services.
This criterion does not apply. No capital improvements proggram requires a non-remonstrance agreement
for this area. Some urban services are already available for the proposed annexation territory, others are
available nearby and would require connections from the'
he proposed annexation area if the properties are
developed in the future.
CAC H ANNEXATION
ZCA2008-00003 PAGE 4 OF 9
c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within
the Urban Growth Boundary upon annexation.
The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth
Boundary. Upon annexation, urban services will be provided as outlined in the Washington County-
Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement and current Citypolicies. Staff
finds that this policy is met.
Policy 10.1.2 (,Non-updated): Urbanization. Approval of proposed annexations of land by the City
shall be based on riicy ngs with respect to the followin : a) The annexation eliminates an existing
"pocket" or "island" of unincorporated territory; or, b)he annexation will not create an irregular
boundary that makes it difficult for the police in an emet ency situation to determine whether the
parcel is within or outside the City, c) The Police Department has commented upon the
annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City
boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a).
a) The subject parcels constitute an island of unincorporated Washington County within the Tigard
City Limits.
b) The proposed annexation will not create an irregular boundary but instead eliminate an island of
unincorporated territory
c) The City of Tigard Police Department reviewed the annexation proposal and commented that they
had no objection to it.
d) The proposed annexation territory is located within the Tigard Area of Interest. The proposed
annexation territory is contiguous to the City
e) As the findings for Chapter, 18.320.020, above, demonstrated, the annexation can be
accommodated for the following services: water, sewer, drainage; streets; police; and fire
protection.
Items a through e have been met. Therefore staff finds that the proposed annexation meets Policy 1012
Polic 10.1.3 Non-updated): Urbanization. Upon annexation of land into the City which carries a
Washington Countyzoning desiglnation, the City of Tigard shall assign the City of Tigard zoning
district designation which most closely conforms to the county zoning designation.
Section 18.320.020.C of the Community Development Code provides specifics on this conversion. See
Table 18.320.1 on the following page:
TABLE 3'0.1
CONVERSION'TABLE FOR COI:NTV AND CITY PLAN AND ZONING DESIGN"ATIONS
Washington County Laud Use City of Tigard Zoning City of Tignrd
Distriers:Plan Designation Plan Deslgunriou
R-5 Res. t uni[r'acre R-4.5 SFR 7.500 sq. ft. Low demitc 1-5 units,acre
R-6 Res. 6 units,acre R-7 SFR 5.000 sq. ft. Med. dersitt 6-1' umtuacre
R.o Res. S wlin'acte R-12 Multi-fuuih- 12 mlitsacre Med. dmsiry 6-1' units acre
R-12 Res. 1' urits'acrr R-1' Multi-family units-acre Med. dersinv 6-!_ uairs'aae
R-15 Res. 15 nails acre R-25 Multi-family -15 wws'acre ?Tedium-High demtty 13-25
lullti/lcre .
R-21 Res- 24 units acres R-25 Multi-Nnilr_ 25 uaitsiacre _XIeditwi-High denim- 131-25
lulinlaire -
Office C'Olntllercial C'-P Commercial Professional C'P Commercial Professional
\C' Neighborhood Cotut:ercial C\ \eichborituod Commercial CN IN62hUorhood Commercial
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CACHANNEXAMON
ZCA2008-00003 PAGE 5 OF 9
The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the
County's plan and zoning desiggn~ations. R 6 County zoning converts to the Cits R 7 zoning. As this is a
Zone Change Annexation (Zg) application, upon approval and execution of the proposed annexation,
the subject parcel will automatically convert to R 7 zoning. In addition, the Citys Comprehensive Plan
designation for medium-density residential will be applied to the properties.
Cha ter 18.320.020.C
Assignment o f comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be
the City's zoning district which most closely implements the City's or County's comprehensive
plan map designation. The assi nment of these designations shall occur automatically and
concurrently with the annexationAn the case of land which carries County designations, the City
shall convert the County's comprehensive plan map and zoning designations to the City
designations which are tFie most similar. A zone change is required if the applicant requests a
comprehensive plan map and/or zoning map designation other than the existing designations.
(See Chapter 18.380). % request for a zone change can be processed concurnently with an
annexation application or after the annexation has been approved.
As the previous section demonstrated; the CRe( f Tigard R 7 zoning district is the most similar to
Washington County's R 6 zoning district. subject property is currently zoned R-6 and will
automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the
annexation process. There have been no requests for zoning other than R-7.
Chapter 18.390.060: Type IV Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which
were addressed in the previous section. Chapter 18.390 requires city Council to hold a hearing on an
annexation. It also requires the City to publish notice at least 10 business days prior to the hearing. The
City published public notice in The Ti~x ni Tualatin Slx ood Titres for two successive weeks (October 9 and
16, 2008) prior to the October 28, 2008, public hearing. The City posted a siggn on the subject property on
SW Sunrise Lane on September 10, 2008. The City posted hearing notice for public view on September
11, 2008: Tigard Library, Tigard City Hall, and Tigard Permit Center.
Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV
decision:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter
197;
The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development
Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal
meets the existing Comprehensive Plan policies and is, therefore, in compliance with state planning goals.
2. Any federal or state statutes or regulations found applicable;
ORS 222:
State law (ORS 222.120(4)(4, ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when owners of Ian dd in the proposed annexation territory submit a petition to the legislative body of
the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to hold an election for such an annexation if it follows the noticing
procedures for a public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearin before its legislative body (City Council) and
provide public notice to be published once each week for two successive weeks prior to the day of the
hearing, in a newspaper of general circulation in the city and shall cause notices of the hearing to be
posted in four public places in the city 45 days prior to the earing.
Owners of the subject parcels have signed petitions for annexation to the City The subject parcels are
contiguous to the Cats boundary. Adjacent right-of-way is already within the City boundary.
CACH ANNEXATION
ZCA2008-00003 PAGE 6 OF 9
The City published public notice in The Ti ni Tiralagn Slae wod Ti?s for two successive weeks (October 9
and 16,'1008 ) prior to the October 28, 008ublic hearing. The qty posted a sign on the subject
roperrtyry on SW Sunrise Lane on Sepptember 16, 3008. The City posted hearing notice for public view on
geptember 11, 2008: Tigard Library,-Tigard City Hall, Tigard Permit Center. Staff finds that the provisions
of ORS 222 have been met.
3. Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions, in addition to local and state review standards. Note that this report is
available 15 days before the hearing ((October 13, 2008 for an October 28, 2008, hearing). Staff has
determined that the a hcable MEO re ations etro Code 3.09.040 d have been met ased
on the following in ings:
Metro 3.09.040 b
Not later an 15 days prior to the date set for a change decision, the approving entity shall
make available to the public a re pport that addresses the criteria in subsections (d) and (g) below,
and that includes at a minimum the following:
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report, urban services are available to the affected territory.
(2) A description of how the proposed boundary change complies with any urban service provider
agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary
parties;
As addressed previously in this report, the annexation proposal complies with all applicable provisions of
urban service provider agreements, UPAA (2006); and TUSA (2006).
J3) A description of how the proposed boundary change is consistent with the comprehensive
and use plans, public facility plans, regional framework and functional plans, rep urban
growth goals and objectives, urban planning agreements and similar agreements of the affected
entity and of all necessary parties;
As addressed previously in this report, the annexation proposal complies with all applicable goals and
policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006)
and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject
to the Regional ramework'Plan and Urban Growth Management Functional Plan provisions. There are
no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the
Urban Growth Management Functional Plan. However, the GVs Comprehensive Plan and Development
Code have been amended to comply with Metro functional p.an requirements. By complying with the
Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and
the Regional Framework Plan.
(4) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary party; and
The pproppo~sed territory will remain within Washington County but will be required to be withdrawn from
the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance
District and the Tigard Water District upon completion of the annexation.
(5) The proposed effective date of the decision.
The public hearing will take lace October 28, 2008. If the Council adopts findings to approve
ZCA2008-00003, the effective (fate of the annexation will be 30 days later on November 27, 2008.
CACHANNEXATION
ZCA2008-00003 PAGE 7 OF 9
Metro Code 3.09.040 d
An approving entity's final decision on a boundary change shall include findings and
conclusions addressing the following criteria:
1. Consistency with directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
As addressed previously in this application, the AA annexation complies with all applicable
provisions of urban service provider agreements: UPAA (2006) and the TUSA (2006)). The pro osed
annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and 7VSA.
The agreements state that the County and qty will be supportive of annexations to the City. Therefore,
the proposed annexation is consistent with these agreements.
2. Consistency with directly applicable provisions of urban planning or other agreements, other
than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary
party;
The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and
notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public
bearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be
served-by the Qty, the County and City will be supportive of annexations to the City." The annexation
proposal is consistent with this agreement.
4. Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plan;
This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard
Community Development Code and Comprehensive Plan, the annexation is consistent with the
Functional Plan and the Regional Framework flan.
5. Whether the proposed change will promote or not interfere with the timely, orderly and
economic provisions of public facilities and services;
The proposed annexation will not interfere with the provision of public facilities or services because it is
consistent with the terms of the TUSA (2006), which ensures the timely, orderly, and efficient extension of
public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban
services are available to the proposed annexation territory and have not been found to significantly reduce
existing service levels.
6. The territory lies within the Urban Growth Boundary, and
The proposed territory is within Metro's Urban Growth Boundary.
7. Consistency with other applicable criteria for the boundary change in question under state and
local law.
In previous sections, this report reviewed the proposal's consistency with other applicable criteria and
found it to be consistent.
(Tigard CDC 18.390.060)
4. Any applicable comprehensive plan policies; and
As demonstrated in previous sections of this report, the proposed annexation is consistent with all
applicable comprehensive plan policies.
5. Any applicable provisions of the City's implementing ordinances.
There are no specific implementing ordinances that apply to this proposed annexation. The Development
Code and Municipal Code will apply to the proposed terntory if or when it develops.
CACHANNEXATTON
ZCA2008-00003 PAGE 8 OF 9
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Public Works Department reviewed the subject proposal and commented that they
have no objection to it.
The City of Tigard Police Department reviewed the subject proposal and commented that they have no
objection to it. The Tigard Police Department has determined that it has adequate services to serve the
most intense use allowed and that providing services will not significantly reduce the level of services
available to developed and undeveloped land within the City,of Tigard.
The City of Tigard Engineering Division reviewed the subject proposal and commented in an October
6, 20081etter from City Engineer Agustin Duenas. The letter conlu7ns the City's capacity to provide
water, sanitary sewer, storm drainage and streets to the subject properties without significant reduction in
the level of services provided to developed and undeveloped properties in the City.
SECTION VIII. AGENCY COMMENTS
Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer
and stormwater connection for future residential development.
SECTION IX PUBLIC COMMENTS
The City mailed notice to surrounding property owners within 500 feet and all interested parties on
October 6, 2008. As of the date of this report, staff has not received any written public comments.
10/7/2008
PREPARED BY/. G Pagens ec er DATE
ociate Planner
10/7/2008
APPROVED BY. Ric ar H ~eVersdorff DATE
Planning a r
CAC H ANNEXATION
ZCA2008-00003 PAGE 9 OF 9
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 08-I:Z
AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009
TO UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY
OF KEY DEFINITIONS A S AM Cz A-1 DE Q
WHEREAS, the Tigard City Council directed staff to complete a fill 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 by updating the
Introduction and adding a Glossary of key definitions; and
WHEREAS, the Tigard Planning Commission held a public hearing, which was noticed in accordance
with City standards, on September 15, 2008, and recommended approval of the proposed CPA 2008-
00009 by motion and with unanimous vote; and
WHEREAS, on October 28, 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-
00009; and
WHEREAS, on October 28, 2008, the Tigard City Council adopted CPA 2008-00009 by motion, as
amended, pursuant to the public hearing and its deliberations; and
WHEREAS, Council's decision to adopt CPA 2008-00009 is based on the findings and conclusions
found in the City of Tigard staff report dated September 8, 2008, and the associated record, which
are incorporated herein by reference and are contained in land-use file CPA 2008-00009.
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.
ORDINANCE No. 08-
Page 1 of 2
.Y
PASSED: By Ca f) fi'n') DU5 vote of all Council members present after being read by
number and tide only, this day of (7c--CtDj2-en-. , 2008.
Catherine Wheatley, City Recorder
V~-
APPROVED: By Tigard City Council this~& _ day of ~C fi , 2008.
Craig irksen, Mayor
Approved as to form:
ty Attorney
0~
ORDINANCE No. 08- ) `7
Page 2 of 2
EXHIBIT A
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. 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 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 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 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 coor-
dinated with relevant Metro requirements such as the Urban Growth Management
Comprehensive Plan City of Tigard j_1
INTRODUCTION
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 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 City 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
t
INTRODUCTION
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 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 Cityof Tigard 1-3
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 Cityof Tigard Comprehensive Plan
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 1_5
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GLOSSARY
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°..•o chance of being inundated by flood waters in any year.
Active Recreation -Active recreation refers to physical participation in actiNq-
ties involving games, sporting events or sinilar activities which often require
specific constructed facilities to accommodate the activity such as sporting
fields, courts, aquatic facilities, buildings, etc. Active recreation may also include
unstructured play or other leisure activities requiring facilities such as play-
grounds, dog play areas, skate parks, etc.
Active Recreation Facilities - These are public or private facilities such as
described above that accommodate those who wish to engage in structured or
unstructured active recreation, play, or leisure activities.
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"0 of its gross
income for rent and utilities.
Biodiversity - The full range of varietl= and variability within and among living
organisms and the ecological complexes in which they occur; encompasses
ecosystem or conunwity 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
Comprehensive Plan ' City of Tigard G-1
I~~II
U
GLOSSARY
stormwater services, flood management projects, water quality and stream
enhancement projects, fish habitat protection, and snore.
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
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 soiree 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 actii-ity as well as facilities for individual and
family activities.
Compatibility - The ability of adjacent and/or dissimilar land uses to co-
exist Without aesthetic, en-Hronnmental, 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.
Downtown Tigard - The area of the City that is included within the Urban
Renewal District.
G-2 City of Tigard Comprehensive Plan
GLOSSARY
Economic Gardening - Strategies and programs aimed at helping a communi-
ty's existing businesses and entrepreneurs grow into healthy, 6brant 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
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
Comprehensive Plan I City of Tigard G_3
Im~II
'qw GLOSSARY
Fine Particulate Matter - Air pollution comprised of solid particles or liquid
droplets that are less than 10 nnicrons 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.
Franchise Agreements - The right to provide service granted to a person
pursuant to the Tigard Municipal Code, including the establishrrrent 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 cormmunity
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 there. 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 of protected or reserved public or
private land that has important natural resource characteristics such as flood
plains, wildlife habitat, water quality functions, natural scenic qualities, etc.
Greenspaces/Green-vays may provide for low impact passive recreation activi-
ties such as walking, nature study, and, where appropriate, biking.
G-4 City of Tigard Comprehensive Plan
(11na.I
GLOSSARY
Habitat - An area upon which fish and/or wildlife depends in order to meet
their regturements for food, water, mobility, security, and reproduction.
Habitat Friendly Development Practices - Broad range of development
teclv-iiques and activities that reduce the detrimental. 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 inini mize tree root disturbance,
managing stormwater on-site to help filter rainwater and recharge groundwater
sources, collecting rooftop water ui rain barrels for reuse in site landscaping and
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 Title 40 of the Code of Federal Regulations (CFR), Part 261 as
a hazardous waste; or
• A "state-only" waste defined as hazardous in the State of Oregon. Oregon
includes six categories of waste in OAR 340-101-0033.
Healthy Streams Plan -Approved by CWS in June 2005, the goal of the
plan is to utilize scientific 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
Comprehensive Plan City of Tigard G-5
U
GLOSSARY
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 (conunercialization).
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 - A non-native species whose introduction does, or is likely to
cause, economic or envirom.ental harm, or harm to human health. An invasive
species can be a plant, animal, or any other biologically viable species that enters
an ecosystem beyond its native range.
Landslides - The downslope movement of rock, soil, or related debris that is a
natural hazard.
Leadership in Energy and Environmental Design (LEED) - A broadly
accepted private 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 commurdty destinations, and may also provide some active and
passive recreation facilities to meet neighborhood needs, especially in areas not.
G-6 Croy of Tigard Comprehensive Plan
Ii )
GLOSSARY INW
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 em71ironinental impacts.
Metro - The regional government of the Portland metropolitan area. The
elected Metro Council is the policy setting body of the regional goveriunent.
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 aiutnals).
National Pollution Discharge Elimination System (NPDES) Permit
- Held by Clean Water Services, the permit is required by the Clean `eater
Act, which prohibits anybody from discharging "pollutants" through a "point .
source" into a "water of the Utvted States" unless they have an NPDES permit.
The permit contains limits on what can be discharged, monitoring and reporting
regi.&ements, 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
Comprehensive Plan I City of Tigard G_7
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GLOSSARY
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.
Natural Resources - Resources and resource systems identified in Statewide
Planning Goal 5. Examples include: fish and wildlife habitats, wetlands, strearns
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.
NXIen 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 acgLUsition and development of parks, open spaces, and paved trails.
They are assessed based on the cost of providing these services to new City
patrons.
G'$ City of Tigard I Comprehensive Plan
I~~II
GLOSSARY
Passive Recreation - This is recreation activity, which does not usually require
specialized facilities. Passive recreation typically involves unstructured activities
such as walking for pleasure, picnicking, gardening, nature viewing, etc.
Passive Recreation Facilities - These facilities may consist of minimal struc-
tures, such as pathways, benches, picnic tables, etc., intended to accommodate
unstructured, low levels of leisure activity on undeveloped, or minimally devel-
oped, public or private land.
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.
Policy - A statement identifying Tigard'-, position and a definitive course of
action. Policies are more specific than goals. They often identify th.e Citv'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 conunonly 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.
Comprehensive Plan City of Tigard G_9
u
GLOSSARY
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.
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 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 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.
G-10 City of Tigard ' Comprehensive Plan
GLOSSARY r
Sensitive Lands - Areas containing steep slopes, wetlands, drainageways, or
floodplain as defined in the Tigard Community Development Code.
Severe Weather Hazards- This broadly defined hazard category includes wind-
storms, 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.
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.
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.
Comprehensive Plan Cite of Tigard G-11
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GLOSSARY
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 - A site specific area within the Metro Regional
Urban Growth Boundary consisting of lands within Tigard's city limits, and
contiguous unincorporated land for which both the City and Washington
County maintain an interest in Comprehensive Planning. Tigard and Washington
County have entered into an Urban Planning Area Agreement (UPAA) to coor-
dinate land use and public facility planning activities and service provision within
the areas.
Tigard Urban Services Area (TUSA) -A site specific area within the Metro
Regional Urban Growth Boundary consisting of lands within Tigard's city limits,
and contiguous unincorporated lands. This area is co-terminus with the Tigard
Urban Planning Area. Within the TUSA Agreement, Tigard is designated as
the ultimate service provider of specific urban services. Also in the agreement,
Washington County recognizes Tigard as the ultimate local governanice provider
to all of the territory within the TUSA, including unincorporated properties.
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
suun 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 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
G-122 City of Tigard Comprehensive Plan
GLOSSARY
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 - AD 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.
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 iaidustry 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
Comprehensive Plan I City of Tigard G-13
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GLOSSARY
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 - Workforce housing can be rental and ownership market
housing units that are affordable to households with incomes between 60-120°. o
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.
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 R712 zones.
Medium-High Density Residential - These areas will provide mediwn-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.
0
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.
G-14 Cite of Tigard Comprehensive Plan
GLOSSARY
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.
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 WC and MUC-1
zones.
Mixed Use Employment - These areas are intended to accorrunodate 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
Comprehensive Plan ( Cit}. of Tigard G-15
IN
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GLOSSARY
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. Liini.ted conunercial and retail services that provide
benefits and amenities to the residents are allowed. These areas should have
a high degree of pedestrian amenities, recreation opportunities, 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
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
r►
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 08- /
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE ADDING CHAPTER
7.58 FOR RULES OF CONDUCT ON CITY PROPERTY AND REPEALING CHAPTER
7.100 FOR EXCLUSION FROM TIGARD PUBLIC LIBRARY.
WHEREAS, the City has experienced problems with people exhibiting unwanted, unpleasant and
sometimes threatening behavior on City property; and
WHEREAS, the uncertain behavior of these individuals presents an unnecessary security risk to
citizens and employees and interferes with the operation of the government and the goal of
providing service to all segments of the public who have business with City government; and
WHEREAS, the City has the authority under Sections 4 and 5 of the City Charter and under ORS
221.410(1) to take action necessary for the conduct of municipal affairs; and
WHEREAS, the Council finds that disruptive or threatening behavior on City property needs to be
regulated in the interest of assuring smooth and safe operation of the government, and to do so is in
the public interest and necessary for the peace, health and safety of the general public of this City.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECITON 1: The Tigard Municipal Chapter is amended by adding a new Chapter 7.58 Rules of
Conduct on City property to read as follows:
7.58 Rules of Conduct on City Property
Sections:
7.58.010 General Purposes of Chapter
7.58.020 Definitions
7.58.030 Penalty for Violation
7.58.040 Prohibited Acts Generally
7.58.050 Consistency with State Criminal Law
7.58.060 Authority of the City Manager
7.58.070 Public Works Director to make Rules and Regulations
7.58.080 Rules of Conduct on City Property
7.58.090 Enforcement and Exclusion from City Property
7.58.100 Right to Appeal
7.58.110 Variances
Ordinance No. 08-
Page I of 9
7.58.010 General Purposes of Chapter
The general purposes of the provisions set forth in Chapter 7.58 are to prevent and
prohibit conduct that threatens harm to individual or public interests, or interferes
with serving the public, to preserve the enjoyment,'safety, comfort and convenience
of the public, and to enhance the orderly administration and operation of City
business on City property, by prohibiting conduct that unreasonably interferes with
the administration and lawful use of City Property and providing fair warning of the
nature of the conduct declared to constitute an offense.
7.58.020 Definitions
1. "City Property": any property including but not limited to parks, greenways,
buildings, parking lots or other land or physical structures owned or managed
by the City.
2. "Police Officer": a member of the Oregon State Police, municipal police
officer, sheriff, and officer of the Tigard Police Department, including sworn
members of the Tigard police reserves.
3. "Authorized Employee": any employee of the City of Tigard authorized and
designated by the City Manager or Department Director to enforce any rules
within City property, includingbuildings and parking lots. These rules shall be
established by sign or notice or contained specifically within the Tigard
Municipal Code.
7.58.030 Penalty for Violation
Unless a different penalty is specifically provided, any violation of any provision of
this Chapter shall upon conviction be punished by a fine of not more than $500, or
by imprisonment of not more than 6 months, or by both. However, no greater
penalty shall be imposed than allowed under Oregon law.
7.58.040 Prohibited Acts Generally
1. Any act or thing prohibited or the failing to do any act or thing commanded to
be done in this Chapter, on City property, within the corporate limits of the
City of Tigard and within such other areas as may be specified in this Chapter
is hereby declared to be an offense against the public peace, safety, health,
morals, and general welfare of the people of the City of Tigard.
2. Any act or omission made unlawful under this Chapter shall include causing,
allowing, permitting, aiding, abetting, suffering, or concealing any such act or
omission.
Ordinance No. 08- le
Page 2 of 9
7.58.050 Consistency with State Criminal Law
This Chapter shall be construed so as to render it consistent with State of Oregon
criminal law, and any procedures or defenses made available in the prosecution of
the same or similar offenses under State of Oregon criminal law shall apply in
prosecutions under this Chapter.
7.58.060 Authority of the City Manager
The City Manager shall designate a person or persons to be in charge of the various
City properties for the purpose of enforcing the Rules of Conduct. In addition,
police and authorized employees shall have the authority to enforce the Rules of
Conduct on or about City properties, as deemed necessary by the person in charge,
or when actually observed by the police officer or authorized employee. The City
Manager shall also appoint the authority to hear exclusion appeals.
7.58.070 Public Works Director to Make Rules and Regulations
The Director of Public Works is authorized to make such rules and regulations not
in conflict with the ordinances of the City as the Director finds necessary for the
better control and management of City parks, greenways and City-owned or
managed buildings and parking facilities. These regulations may be posted at various
City properties in abbreviated form and are in no way meant to be all inclusive of the
conduct prohibited or required by this Chapter. If any person feels aggrieved by any
such rule or regulation, the person may appeal to the Council for its amendment or
repeal by filing with the City Recorder a petition which shall be presented to the
Council at its next regular meeting. Until and unless amended or repealed by the
Council, any rule or regulation made by the Director shall be in full force and effect
as if it were an ordinance.
7.58.080 Rules of Conduct on City Property
While on or about City property:
1. No person shall violate any Federal, State, or City of Tigard law.
2. No person shall enter or remain on any City property for purposes other than
to conduct legitimate business with the City or to use that property lawfully
under the rules provided by the City.
3. No person shall enter or attempt to enter any secure portion of any City
government building that is not open to members of the general public,
without authorization from the City Manager or a designee.
Ordinance No. 08-
Page 3 of 9
4. No person shall deface, damage, or destroy City property.
5. No person shall engage in conduct that degrades the appearance of City
property, including but not limited to, depositing trash, spitting, urinating, or
defecating upon the property.
6. No person shall engage in conduct that disrupts or interferes with the normal
operations of the City government, or engage in conduct that disturbs
customers or employees of the City government, including but not limited to,
conduct that creates unreasonable noise, or conduct that consists of loud or
boisterous physical behavior.
7. No person shall engage in conduct that subjects or may subject customers or
employees of the City government to annoyance or alarm, including but not
limited to, conduct that involves the use of abusive or threatening language or
gestures.
8. No person shall use City property for the purpose of housing or camping,
including but not limited to, placing objects such as vehicles, bicycles,
backpacks, carts, or other items in a manner that interferes with free passage.
9. No person shall refuse to obey any reasonable direction of a City government
employee.
10. No person shall violate any provisions posted on any City parking facility,
whether that parking is generally available to the public or not. Private vehicles
may not be left overnight in any City parking facility without the express
consent of the person in charge of that facility. Violators are subject to cite
and tow without notice where posted.
7.58.090 Enforcement and Exclusion from City Property
Persons who violate any of the Rules of Conduct on any City property may be
immediately ejected from the premises and excluded from City property for a period
of thirty (30) to one hundred eighty (180) days.
1. In addition to other measures provided for violation of this Chapter, or any of
the laws of the State of Oregon, police officers and authorized employees may
exclude from City property, any person who, while on that City property
violates any law regarding controlled substances, or engages in conduct that:
a. Is classified as a felony, misdemeanor, or violation under the following
Chapters of the Oregon Revised Statutes, or is an attempt, solicitation or
conspiracy to commit any such felony or misdemeanor defined in ORS:
Ordinance No. 08-
Page 4 of 9
i. Chapter 162 - Offenses Against the State and Public justice;
ii. Chapter 163 - Offenses Against Person(s);
iii. Chapter 164 - Offenses Against Property to include Offensive
Littering;
iv. Chapter 165 - Offenses Involving Fraud or Deception;
V. Chapter 166 - Offenses Against Public Order; Firearms and Other
Weapons; Racketeering;
vi. Chapter 167 - Offenses Against Public Health, Decency and
Animals;
vii. Chapter 475 - Controlled Substances; Illegal Drug Cleanup;
Paraphernalia; Precursors; or
b. Otherwise involves a controlled substance; or
c. Has resulted in injury to any person or damage to any property; or
d. Constitutes a violation of any of the following provisions of the Tigard
Municipal Code:
i. TMC Chapter 7.20 - Offenses Against Persons;
ii. TMC Chapter 7.24 - Offenses Against Property;
iii. TMC Chapter 7.28 - Obstructing Law Enforcement;
iv. TMC Chapter 7.32 - Offenses Against Public Order;
V. TMC Chapter 7.36 - Minors;
vi. TMC Chapter 7.38 - Truancy;
vii. TMC Chapter 7.40 - Nuisances;
viii. TMC Chapter 7.52 - Public Property Use;
ix. TMC Chapter 7.56 - Indecent Conduct;
X. TMC Chapter 7.70 - Second Hand Dealers and Transient
Merchants;
xi. TMC Chapter 7.80 - Camping Prohibited in Certain Places;
e. Nothing in the City of Tigard Municipal Code shall be construed to
authorize the exclusion of any person lawfully exercising free speech
rights or any other rights protected by the state or federal constitutions.
However, a person engaged in such protected activity who commits acts
that are not protected, but which violate applicable provisions or law,
may be subject to exclusion.
2. An exclusion issued under this Chapter shall be for thirty (30) days. If the
person to be excluded has been excluded from City property at any time within
one year before the date of the present exclusion, the exclusion shall be for
ninety (90) days. If the person to be excluded has previously been excluded
from City property on two or more occasions within one year before the date
on the present exclusion, the exclusion shall be for one hundred eighty (180)
days.
Ordinance No. 08-
Page 5 of 9
3. If the person's behavior does not rise to the level of behavior described in
section 1 (a)-(d) above, but is causing either a significant and immediate threat
to public health and safety, or a serious disturbance that is preventing other
people from enjoying the City property, the person may be excluded from that
City property for a period of twenty four (24) hours only. If a person receives
two twenty four (24) hour exclusions under this section and then commits
additional violations, any further exclusion the person receives under this
section may be for a period of at least thirty (30) days.
4. No person shall enter or remain in any City property at any time during which
there is in. effect a notice of exclusion issued under this Chapter excluding that
person from all City properties. A person who knowingly violates an order of
exclusion from City property commits the crime of Criminal Trespass in the
second degree (ORS 164.245).
5. Before issuing an exclusion under this Chapter, a police officer or authorized
employee shall first give the person a warning and reasonable opportunity to
desist from the violation. An exclusion shall not be issued if the person
promptly complies with the, warning and desists from the violation.
Notwithstanding the provisions of this subsection, no warning shall be
required if the person is to be excluded for committing any act:
a. punishable as a misdemeanor or felony,
b. involving controlled substances,
c. which resulted in an injury to any person,
d. which resulted in damage to any property, or
e. City of Tigard Chapter violation
6. Written notice shall be given to any person excluded from any City property
under this Chapter. The notice shall specify the date, length and place of the
exclusion; shall identify the provision of law the person has violated and
contain a brief description of the offending conduct. It shall be signed by the
issuing police officer or authorized employee. Warnings of consequences for
failure to comply shall be prominently displayed on the notice. All relevant
information on the hearings and appeal process shall be included with the
notice.
7.58.100 Right to Appeal
1. A person receiving notice of exclusion from City property may request a
hearing before the City of Tigard Municipal Court judge, or a Hearings Officer
appointed by the City Manager to have the exclusion rescinded or the period
shortened. Written notice of the appeal must be filed with the City Manager
within ten (10) business days of receipt of the exclusion notice. When the City
Manager receives a notice of appeal, the City Manager or designee shall
Ordinance No. 08- jar
Page 6 of 9
promptly notify the Tigard Police Records Section of the notice to appeal.
Failure to file written notice of appeal within ten (10) business days will be
deemed a waiver of further action.
a. If an appeal of the exclusion is timely filed, the effectiveness of the
exclusion shall be stayed, pending the outcome of the appeal. If the
exclusion is affirmed, the remaining period of exclusion shall be effective
immediately upon the issuance of the municipal court judge or hearings
officer's decision, unless the municipal court judge or hearings officer
specifies a later effective date.
b. If a person is issued a subsequent exclusion while a previous exclusion is
stayed pending appeal, or pending judicial review should a court stay the
exclusion, the stayed exclusion shall be counted in determining the
appropriate length of the subsequent exclusion. If the predicate exclusion
is set aside, the term of the subsequent exclusion shall be reduced, as if
the predicated exclusion had not been issued. If multiple exclusions
issued to a single person for City property are simultaneously stayed
pending appeal, the effective periods of those which are affirmed shall
run consecutively.
2. Hearing procedures.
a. When a timely request for a hearing is made, a hearing shall be held
before the City of Tigard Municipal Court Judge, or Hearings Officer
appointed by the City Manager.
b. The hearing shall be set and conducted within five (5) business days of
receipt of the request, excluding holidays, Saturdays and Sundays. The
hearing may be scheduled for a later date if the person excluded so
requests, but in any case, no later than five (5) additional business days
from the original request.
C, At the hearing, the person excluded may contest the validity of the
exclusion and may present evidence.
d. At the hearing on an appeal the City shall have the burden of proving by
a preponderance of the evidence the validity of the exclusion. The City
may present evidence either by testimony or written report of the officer.
If the City's evidence is presented only by written report and the
municipal court judge or hearings officer cannot resolve a question by
information contained in the officer's report, the hearing may be held
open for a reasonable time to complete the record.
Ordinance No. 08-K
Page 7 of 9
e. If the municipal court judge or hearings officer finds by a preponderance
of the evidence that each element necessary to issue the exclusion notice
has been proven, and if the exclusion is otherwise in accordance with
law, the municipal court judge or hearings officer shall uphold the
exclusion.
f. If the municipal court judge or hearings officer finds that the City has not
met its burden of proof, or that the exclusion is otherwise unlawful, then
the municipal court judge or hearings officer shall enter an order
rescinding the exclusion. If the municipal court judge or hearings officer
finds that the City has met its burden of proof, but that the length of the
exclusion is unreasonable under the circumstances, the municipal court
judge or hearings officer may issue an order shortening the length of the
exclusion.
g. The decision of the municipal court judge or hearings officer is final.
7.58.110 Variances
1. At any time within the period of exclusion, a person receiving a notice of
exclusion may apply in writing to the City Manager or designee for a waiver of
some or all of the effects of the exclusion. The application must show good
cause for waiver requested. If the City Manager or designee grants a waiver, the
City Manager or designee shall promptly notify the Tigard Police Department
Records Section of such action. In exercising digression under this subsection,
the City Manager or designee shall consider the seriousness of the violation for
which the person has been excluded, the particular need of the person to be on
City property during some or all of the period of exclusion, such as for work or
to attend or participate in a particular event (without regard to the content of any
speech associated with that event), and any other criterion the City Manager or
designee determines to be relevant to the determination of whether or not to
grant a waiver. Notwithstanding the granting of a waiver, the exclusion will be
included for purposes of calculating the appropriate length of exclusions. The
decision of the City Manager or designee to grant or deny, in whole or in part,
a waiver is committed to the sole discretion of the City Manager or designee,
and is not subject to appeal or review
SECTION 2: Tigard Municipal Code Chapter 7.100 is hereby repealed.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
Ordinance No. 08- f g
Page 8 of 9
PASSED: By un ar ~oks vote of all Council members present after being read by
number and Chapter only, thi,--Q -day of.0-- 7 ~ , 2008.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this -20 day of ~ , 2008.
Craig ksen, Mayor
Approved as to form:
City Attorney
Z
Date
Ordinance No. 08- X
Page 9 of 9
CO&WILiNITY
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 t~
AFFIDAVIT OF PUBLICATION
State of Oregon, County of Washington, SS ,
PUBLIC HEARING ITEM: •
I, Charlotte Allsop, being the first duly sworn,
depose and say that I am the Accounting The following will be considered by the Tigard City Council on
Manager of The Times (serving Tigard, Tuesday October 28, 2008 at 7:30 PM at the Tigard Civic Center
Tualatin & Sherwood), a newspaper of - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon.
Public oral or written testimony is invited. The public hearing
general circulation, published at Beaverton, on this matter will be held under Title 18 and rules of
in the aforesaid county and state, as defined procedure adopted by the Council and available at City Hall
by ORS 193.010 and 193.020, that or the rules of procedure set forth in Section 18.390.060.E.
City of Tigard Further information may be obtained from the City of Tigard Planning
(ZCA) 2008-00009 Division (Staff contact: Darren Wyss) at 13125 SW Hall Blvd.,
TT 11212 Tigard, Oregon 97223 or by calling 503-639-4171.
A copy of which is hereto annexed, was COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00009
published in the entire issue of said - TIGARD COMPREHENSIVE PLAN AMENDMENT TO
newspaper for UPDATE THE -INTRODUCTION TO REFLECT CURRENT
CONDITIONS AND INCLUDE A GLOSSARY OF KEY
2 DEFINITIONS -
Successive and consecutive weeks in the REQUEST: To amend the current Comprehensive Plan
following issues Introduction and add a Glossary of key definitions. The _
October 9, 2008 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:
r'Ka'a0l4c Community Development Code Chapters 18.380 and
18.390; Comprehensive Plan Chapters Citizen Involvement,
Charlotte Allsop (Accounting Manager) Land Use Planning; Natural Resources and -Historic Areas,
Subscribed and sworn to before me this Environmental Quality, Hazards, Parks, Recreation, Trails,
October 9, 2008 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.
NOTARY PUBLIC F Publish: 10!0912008 CNI#: TT 1212
OR O O
My commission expires
Acct #10093001
Attn: Doreen Laughlin
City of Tigard OFFICIALSEAL
13125 SW Hall Blvd A. BURGESS
• PUBLIC-OREGON
Tigard, OR 97223 co NO. 390701
MY COMMISSION EXPIRES MAY 16, 2009
Size: 2 x 5.75
Amount Due 96.02
'remit to address above
v -
PUBLIC HEARING'ITEM:
The following will be considered by the Tigard Ci!y Council on
iTY Tuesday October 28, 2008 at 7:30 PM at the Tigard Civic Center
cO~j,(N - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon
~,`~~J • ` 97223. sr-AMEW..
Public oral or written testimony is invited. The public hearing
6605 SE Lake Road, Portland, OR 97222 • PO on this matter will be held under Title 18 and rules of procedure
Box 370 • Beaverton, OR 97075 adopted by the Council and available at City Hall or the rules of
Phone: 503-684-0360 Fax: 503-620-3433 procedure set forth in Section 18.390.060E.
Email: legals@commnewspapers.com Further information may be obtained from the Planning Division
(Staff contact: Gary Pagenstecher) at 13125 SW Hall Blvd.,
AFFIDAVIT OF PUBLICATION Tigard, Oregon 97223, or by calling at 503.639.4171.
State of Oregon, County of Washington, SS ZONE CH HANGS ANNEXATION (ZCA) 2008-00003
- CA ANNEXATION -
the first duly sworn, REQUEST: The applicant's requests approval to annex two (2)
I, Charlotte Allsop, being parcels totaling 1.43 acres to the City of Tigard. The proposed
depose and say that I am the Accounting annexation does not include any development plans. The subject
Manager of The Times (serving Tigard, property is an island of unincorporated land surrounded by the
Tualatin & Sherwood), a newspaper of City of Tigard, with land owned by the City on the west and south
Published at Beaverton, and private land on the north and east. LOCATION: 15170 SW
general circulation, Sunrise Lane; Washington County Tax Map 2SI05DC, Tax Lots.
in the aforesaid county and state, as defined 00101 and 00300. COUNTY ZONE: R-6 District (Residential 6
by ORS 193.010 and 193.020, that units erAcre). The purpose of the Washington County R-6 District
City of Tigard is to implement the policies of the Comprehensive Plan for areas
(ZCA) 2008-00003 designated for residential development at no more than six (6) units
TT11213 per acre and no less than five (5) units per acre, except as specified
A Copy of which is hereto annexed, was by Section 300-2 or Section 303-6. The intent of the R-6 District is
to provide the opportunity for more flexibility in development than
published in the entire issue of said is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-
newspaper for 7• Medium-Density Residential District. The City of Tigard R-7
2 zoning district is designed to accommodate attached single-family.
Successive and consecutive weeks in the homes, detached single-family homes with or without accessory
following issues residential units, at a minimum lot size of 5,000 square feet, and
duplexes. at a minimum lot size of 10,000 square feet. Mobile home
October 9, 2008 parks and subdivisions are also permitted outright. Some civic and
October 16, 2008 institutional uses are also permitted conditionally. APPLICABLE
REVIEW CRITERIA: The approval standards for annexations
are described in Community D=velopment Code Chapters 18.320
C41 ` and 18.390, City of Tigard Comprehensive Plan (updated version)
Accounting Manager Goal I and Goal 11 (Polid 4 and Policy 6), and City of Tigard
Charlotte Allsop ( Comprehensive Plan (nn-updated version) Policy 10.1; Metro
Subscribed and sworn to before me this Code Chapter 3.09; ao,,.ORS Chapter 222.
October 16, 2008 Alldocuments and aphcable criteria in the above-noted file are- -
available for insWion at no cost or copies can be obtained for
twenty-five centst25¢) Per page, or the current rate charged for
copies at the ti.ie of the request. At least fifteen (15) days prior
to the heal,g, a copy of the staff report will be available for
NOTAR PUBLIC FOR OREGON inspectiat no cost, or a copy can be obtained for twenty-five
My commission expires---y-C/ cents (ZS¢) Per page, or the current rate charged for copies at the
time of the request. Information is also available by contacting
Acct #1()093001 the staflcontact listed above.
Attn: Doreen Laughlin
City of Tigard
N( f ~
13125 SW Hall Blvd
0 C
Tigard, OR 97223
MY COMMISSIC „ S. '~,>r, G1f11.1.NF- {ryUN
Size: 2_("
Amount Due 3~ 84.10 ccrro ica
L
'remit to address above 1t-- 1Br:r.NU:
a _
~JBIkCC
rtiun Tr
jt
ublish: 10/09 10/1619nnQ
City of Tigard
t
Tigard Business Meeting - Agenda
TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB
MEETING DATE: October 28, 2008
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.
Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to
sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for
Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410
(voice) or 503-684-2772 (IDD - 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 (MD - 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- October 28, 2008
City of Tigard _ 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ' www.tigard-or.gov Page 1 of 8
W✓~4 City of Tigard
Tigard Business Meeting - Agenda
UQC,Aks' 5 -
TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE /TIME: October 28,.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
■ Discuss Instituting a Citizens' Transportation Advisory Committee - Community
Development Department
■ Discuss Approach to Revising Intergovernmental Water Board M) Member Agreement -
Public Works Department
• EXECUTIVE SESSION - The Tigard City Council will go into Executive Session under ORS 192.660(2) (e)
real property transactions negotiations and (h) for consultation with counsel concerning legal rights and duties
regarding current litigation or litigation likely to be filed. 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 anyinformation discussed. No Executive Session may be
held for the purpose of taldng 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)
• Chamber of Commerce Representative: Chris Zoucha - Tigard Area Chamber of Commerce CEO
• Citizen Communication - Sign Up Sheet
• Follow-up to Previous Citizen Communication
TIGARD CITY COUNCIL/LCRB- October 28, 2008 _
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov~Page 2 of 8
7:40 PM
3. CONSENT AGENDA: (Tignd City C mcd and Local Coaract ReuewBaa4 These items are corEw ud to be rttow
and may he enacted in ore pawn zeidAw separate diswsion Anyw may m7tot that an item be mmzai by muion for
diso.5sion and separate action Marion to
3.1 Approve City Council Minutes for August 26 and September 23, 2008
3.2 Appoint Members for Urban Forestry Master Plan Citizen Advisory Committee - RES NO. 08-64
A RESOLUTION APPOINTING MEMBERS TO THE URBAN FORESTRY MASTER PLAN
CITIZEN ADVISORY COMMITTEE
3.3 Approve Budget Amendment #09-06 to the FY 2008-09 Budget Granting $1,000 to the Tigard
Chamber of Commerce for the Downtown Tree Lighting Celebration - RES NO. 08-65
A RESOLUTION APPROVING BUDGET AMENDMENT #09-06 TO TIDE FY 2008-09
BUDGET GRANTING $1,000 TO THE TIGARD CHAMBER OF COMMERCE FOR THE
DOWNTOWN TREE LIGHTING CELEBRATION
3.4 Implement an Information Security Program for the City of Tigard to Comply with Senate Bill 538, the
Oregon Identity Theft Protection Act (OITPA), Fair and Accurate Credit Transactions (FACT) Act of
2003, and Federal Trade Commission Rules - RES NO.08-66
A RESOLUTION IMPLEMENTING AN INFORMATION SECURITY PROGRAM FOR THE
CITY OF TIGARD TO COMPLY WITH SENATE BILL 538, THE OREGON IDENTITY
THEFT PROTECTION ACT (OITPA) AND THE FAIR AND AOCURATE CREDIT
TRANSACTIONS (FACT) ACT OF 2003, AND FEDERAL TRADE COMMISSION RULES
3.5 Local Contract Review Board (LCRB)
3.5.a - Award Contract for Construction of Senior Center Garden Room
3.5.b - Award Contract for Construction Documents and Permitting Services for Lower Fanno Creek
Park
3.5.c - Removed for separate consideration; see below.
3.5.d - Amend Contract for Recruitment Services to Include Accounting Supervisor Position
• Consent Ag2Vg - Items Rwvwd for SVrate Disaissi. These items are consider to be mitur arri mg be awai
in ors mxion zxithaut separate duaission A mvm mry raluest d-a an item be renvzed by rrmm for dzsmssion arzl
separate actm
Removed for separate consideration from the Consent Agenda:
3.5.c - Award Contract for Design Services on the Greenburg Road/Highway 99W/Main Street
Intersection Project-Phase 2
• Staff Introduction: City Engineer Duenas; also present for information and to answer questions
will be Oregon Department of Transportation (ODOT) District 2A Assistant Manager Sam
Hunaidi and W&HPacific representative Wayne Bauer
• Council Discussion
• Council Consideration
T_IG_ARD CITYCOUNCIL/LCRB- October 28, 2008
City of Tigard 13125VSW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 8
7:45 PM
4. QUASI-JUDICIAL PUBLIC HEARING - ZCA 2008-00003/CACH ANNEXATION
REQUEST: The applicant's requests approval to annex two (2) parcels totaling 1.43 acres to the City of
Tigard. The proposed annexation does not include any development plans. The subject property is an island
of unincorporated land surrounded by the City of Tigard, with land owned by the City on the west and south
and private land on the north and east.
LOCATION: 15170 SW Sunrise Lane; Washington County Tax Map 2S105DC, Tax Lots 00101 and 00300.
COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6
District is to implement the policies of the Comprehensive Plan for areas designated for residential
development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified
by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more
flexibility in development than is allowed in the R 5 District.
EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning
district is designed to accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot
size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval
standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, City
of Tigard Comprehensive Plan (updated version) Goal 1 and Goal 11 (Policy 4 and Policy 6), and City of
Tigard Comprehensive Plan (non-updated version) Policy 10.1; Metro Code Chapter 3.09; and ORS Chapter
a. Open Public Hearing - Mayor
b. Declarations or Challenges
- .Do any members of Council wish to report any ex parte contact or information gained outside
the hearing, including any site visits?
Have all members familiarized themselves with the application?
- Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this
matter or is there a challenge on the participation of any member of the Council?
C. Staff Report: Community Development Department
d. Public Testimony
- Proponents
- Applicant
- Other Proponents
- Opponents
- Rebuttal/Final argument by applicant
e. Staff Recommendation
f. Close Public Hearing
g. Council Discussion and Consideration: Ordinance No. 08-16
Council Member: I move for adoption of Ordinance No. 08-16
Council Member: I second the motion
Mayor: Will the City Recorder please read the number and title of the
ordinance?
City Recorder: ORDINANCE NO. 08-16 - AN ORDINANCE
ANNEXING 1.43 ACRES OF LAND, INCLUDING TWO
TIGA_RD_CITY _COUNCIL/LCRB- October 28, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 4 of 8
(2) PARCELS, APPROVING THE CACH ANNEXATION
(ZCA 2008-00003) AND WITHDRAWING PROPERTY
FROM THE TIGARD WATER DISTRICT,
WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT AND WASHINGTON COUNTY
URBAN ROADS MAINTENANCE DISTRICT
Mayor: Is there any discussion?
Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of
Council?
City Recorder: Conducts a roll-call to record votes of City Council members.
Mayor: Ordinance No. 08-16 (is adopted or has failed) by a
(unanimous, or however votes were split) vote of the Council
members present.
Noto Tie wta = failure to
pass.
8:00 PM
5. INFORMATIONAL PUBLIC HEARING - FINALIZE SANITARY SEWER REIMBURSEMENT
DISTRICT NO. 38 (FAIRHAVEN STREET)
a. Open Public Hearing
b. Declarations or Challenges
- Have all members familiarized themselves with the proposed reimbursement district?
- Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this
matter or is there a challenge on the participation of any member of the Council?
C. Staff Report: Engineering Staff
d. Public Testimony
e. Staff Recommendation
f. Council Discussion
g. Close Public Hearing
h. Council Consideration: Resolution No. 08-67
Council Member: I move for adoption of Resolution No. 08-67
Council Member: I second the motion
Mayor: Will the City Recorder please read the number and title of the
resolution?
City Recorder: RESOLUTION NO. 08-67 - A RESOLUTION
FINALIZING SEWER REIMBURSEMENT DISTRICT
NO.38 (SW FAIRHAVEN STREET) AND AMENDING
THE PRELIMINARY CITY ENGINEER'S REPORT
TIGARD CITY COUNCIL/LCRB- October 28, 2008 _
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ry www.tigard-or.gov Page S of 8
CONTAINED IN RESOLUTION NO. 08-05
Mayor: Is there any discussion?
Mayor (after discussion) All those in favor of adopting Resolution No. 08-67, please say
aye.
Mayor/ Councilors
Mayor: All those opposed to adopting Resolution No. 08-67 please
say "nay."
Mayor/Councilors
Mayor: Resolution No. 08-67 (is adopted or has failed) by a
(unanimous, or however votes were split) vote of the Council
members present.
Noto Tie wtes = failure to
pass.
8:15 PM
6. LEGISLATIVE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009
- UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY
DEFINITIONS
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. 08-17
Council Member: I move for adoption of Ordinance No. 08-17
Council Member: I second the motion
Mayor: Will the City Recorder please read the number and title of the
ordinance?
City Recorder: ORDINANCE NO. 08-17 - AN ORDINANCE
TIGARD CITY COUNCIL/LCRB- October 28, 2008
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ADOPTING COMPREHENSIVE PLAN AMENDMENT
CPA 2008-00009 TO UPDATE THE COMPREHENSIVE
PLAN INTRODUCTION AND ADD A GLOSSARY OF
KEY DEFINITIONS
Mayor: Is there any discussion?
Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of
Council?
City Recorder: Conducts a roll-call to record votes of City Council members.
Mayor: Ordinance No. 08-17 (is adopted or has failed) by a
(unanimous, or however votes were split) vote of the Council
members present.
Noto Tie rotes = failure to
pass.
8:45 PM
7. APPROVE A TRESPASS AND EXCLUSION ORDINANCE TO ESTABLISH GENERAL RULES OF
CONDUCT ON CITY PROPERTY
a. Staff Report: Police Department
b. Council Discussion
C. Council Consideration: Ordinance No. 08-18
Council Member: I move for adoption of Ordinance No. 08-18
Council Member: I second the motion
Mayor: Will the City Recorder please read the number and title of the
ordinance?
City Recorder: ORDINANCE NO. 08-18 - AN ORDINANCE
AMENDING THE TIGARD MUNICIPAL CODE
ADDING CHAPTER 7.58 FOR RULES OF CONDUCT
ON CITY PROPERTY AND REPEALING CHAPTER
7.100 FOR EXCLUSION FROM THE TIGARD PUBLIC
LIBRARY
Mayor: Is there any discussion?
Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of
Council?
City Recorder: Conducts a roll-call to record votes of City Council members.
Mayor: Ordinance No. 08-18 (is adopted or has failed) by a
unanimous, or however votes were split) vote of the Council
_ TIGARD CITY COUNCIL/LCRB- October 28, 2008
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members present.
Note Tie totes = failure to
pass.
8:55 PM
8. THIRD QUARTER GOAL UPDATE
a. Staff Report: Administration Department
9:10 PM
9. COUNCIL LIAISON REPORTS
10. NON AGENDA ITEMS
11. EXECUTIVE SESSION. The Tigard City Council may go into Executive Session under ORS 192.660(2)
All discussions are confidential and those present may disclose nothing from the Session. Representatives of
the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not
disclose any information discussed. No Executive Session may be held for the purpose of taking any final
action or making any final decision. Executive Sessions are closed to the public.
9:15 PM
12. ADJOURNMENT
I:\ADM\Cathy\CCA\2008\081028 business.doc
TIGARD CITY COUNCIL/LCRB- October 28, 2008
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City of Tigard
Study Session - Agenda
TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE /TIME: October 28, 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
o STUDY SESSION
■ Discuss Instituting a Citizens' Transportation Advisory Committee - Community Development
Department
■ Discuss Approach to Revising Intergovernmental Water Board (IWB) Member Agreement - Public
Works Department
■ Discuss 3.5 b.: Award Contract for Construction Documents and Permitting Services for Lower
Fanno Creek Park
Administrative Items:
■ Update on business meeting agenda for tonight:
✓ Citizen Communication: Tigard Area Chamber of Commerce Chris Zoucha will be present to
update the City Council on Chamber activities. (Note: Main Street Trick or Treat will be on
Friday, October 31, 3:30 - 5 p.m.)
✓ Attached is a marked-up version of the proposed resolution regarding the Information Security
Program for the City of Tigard. City Attorney staff advised that the deadline for an information
security program was moved from November 1, 2008, to May 1, 2009; therefore, the November
1, 2008, date was removed from the last W/how clause in the resolution. Staff would like to
proceed with this initial policy. Attorney Ramis agreed we did not need to delay the proposed
program since we can amend the resolution later if needed.
✓ Item 3.5 c. will be removed from the Consent Agenda for separate consideration (Aunni Gavact
for Design Sazias on the Cr~ Road/Higbuuy 99W/Main Stmt Intmeain Project - Phase 2)
✓ Does City Council want to conduct the Fifth Tuesday meeting on December 30?
✓ Reminder: November 11 and December 23 City Council meetings are cancelled.
➢ EXECUTIVE SESSION- The Tigard City Council will go into Executive Session under ORS 192.660(2) (e)
real property transactions negotiations and (h) for consultation with counsel concerning legal rights and duties
regarding current litigation or litigation likely to be filed. 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 any final action or making any final decision. Executive Sessions are closed to the
public.
Council Calendar.
November
i l', Tuesday Council Business Meeting - Cancelled
18" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
25" Tuesday Council Business Meeting - 6:30 pm, Town Hall
TIGARD CITY COUNCIL STUDY SESSION AGENDA - October 28, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 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 dasedto 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 by law from public inspection."
These records are specifically identified in the Oregon Revised Statutes.
192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is
competing with other governing bodies.
192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current
litigation or litigation likely to be filed.
192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the
governing body, the employment-related performance of the chief executive officer, a public
officer, employee or staff member unless the affected person requests an open hearing. The
standards, criteria and policy directives to be used in evaluating chief executive officers shall
be adopted by the governing body in meetings open to the public in which there has been an
opportunity for public comment.
192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or
businesses regarding proposed acquisition, exchange or liquidation of public investments.
192.660 (2) (k)- Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of programs relating to security.
1AADM\Cathy\CCA SS . Pink Sheet\2008\080909.doc
TIGARD CITY COUNCIL STUDY SESSION AGENDA - October 28, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov
Agenda Item No. 1
Meeting of 110, (7s
City of Tigard
ry 1 Tigand Business Meeting Minutes
-1 T-
TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE /TIME: October 28, 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
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: City Manager Prosser, Assistant City Manager Newton, Community Development Director Coffee,
Public Works Director Koellermeier, Assistant Community Development Director Bunch, City Attorney Ramis,
Project Planner Roberts, City Attorney Ramis, City Recorder Wheatley
• STUDY SESSION
Track 1
■ Discuss Instituting a Citizens Transportation Advisory Committee - Community Development
Department
Assistant Community Development Director Bunch advised that Mayor Dirksen asked staff to present
information about instituting a Citizens Transportation Advisory Committee. Interest in this type of
Committee arose from issues affecting Tigard and the entire region. There has been a lot of effort
relating to transportation in the City of Tigard; i.e., empowering several ad hoc committees along with
dealing with transportation issues administratively. These ad hoc committees are formed on a regular
basis, which led to the question, "Would a standing committee provide a dependable go-to source for
advice and citizen engagement?" However, a concern was expressed that this new advisory body might
result in added expense and tap resources. Alternatively, there might not be enough activity to keep this
Committee busy.
r
Staff reviewed five other Portland-area jurisdictions that use this type of advisory board or committee.
A summary of the findings is contained in the staff report. The jurisdictions reviewed were Beaverton,
Lake Oswego, Hillsboro, Oregon City, and Gresham. Assistant Community Development Director
Bunch said the fundamental question before the City is: Is it necessary to involve citizens on the issues
surrounding transportation? Many of the items on the agendas for these comrittees in other
jurisdictions come to staff administratively and then often the item is presented to the City Council for a
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decision. Is it important to receive citizen recommendations on some of these transportation matters
prior to the Council deliberation?
Assistant Community Development Director Bunch said from staff's perspective, there is another issue:
Do we want to keep forming ad hoc transportation groups one after another and each time letting
expertise go? Each new committee means going through a process to form the committee.
In the near future, there will be many transportation issues coming before the City Council:
o Tigard 99W Improvement and Management Plan
o High Capacity Transit/Light Rail
o Metro Transportation Improvement Plan
o Transportation System Plan
o Implementation of the Neighborhood Pathways Plan
Council might also decide for this group to take up other matters; for example, bicycle and pedestrian
safety or the downtown circulation plan.
Assistant Community Development Director Bunch advised staff has not made a recommendation. He
asked for the City Council to provide staff with direction on this matter.
Councilor Buehner commented she had brought this issue to the forefront based upon the fact that she
did not like the process of forming and disbanding the Transportation Financing Task Force. More
than half of the people who served on the Committee signed up to serve again. Councilor Buehner
confirmed for Council President Sherwood that the scope of work for this committee would change.
Councilor Wilson said he felt the Transportation Financing Task Force's scope was too limited;
however, he has mixed feelings about a permanent committee. The Planning Commission is tasked
with many of the transportation issues and it is good to have one group overseeing land use and
transportation because these should be reviewed together. In addition, a committee in some ways
distances the City Council from these matters and transportation is so important he does not want to
be distanced from it. Councilor Buehner pointed out there has always been one City Councilor serving
as a voting member on the Task Force so there was immediate contact with the City Council.
Councilor Woodruff said one of the goals of a permanent committee is to have the involvement of
citizens so more people have opportunities to develop their interests and skills and possibly move into a
City Council role. He said he did not see any downside to forming this as a permanent committee.
Council President Sherwood commented that transportation is a "hot button" for many and it will be
imperative that the community is involved because solutions are not going to be easy- resolution will
mean receiving a lot of input, funding, and creativity. "The more people we get involved, the better."
Councilor Woodruff said he did not think this committee would take the City Council "out of the loop"
as the Council will be involved whenever there are decisions to be made and major issues to review.
Mayor Dirksen noted he shared some concerns similar to Councilor Wilson's. He was concerned that
citizens might view this as creating a buffer between them and the City Council. He asked what level of
responsibility should be given to this group. Should it be an advisory board or a commission, working
at a level comparable to the Planning Commission? He added this might be a way to take some of the
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burden off the Planning Commission by allowing them to focus specifically on land use planning. The
two groups would need to work closely on certain issues. The Mayor said many of the assignments
identified are one-time projects; i.e., the TSP update and the downtown circulation plan. There are
other items that would be recurring; i.e., the Capital Improvement Program.
Mayor Dirksen also pointed out that if it is determined later that this group is no longer needed, it could
be disbanded.
Planning Commissioner Vermilyea noted the Planning Commission would like, at least initially, the
Transportation System Plan update to feed into the Comprehensive Plan process. He agreed that, if
formed, this new group should work closely with the Planning Commission. Planning Commissioner
Vermilyea recalled that about a year ago the Planning Commission came to the City Council to be
relieved from some of the burdens of serving on other committees, particularly during the
Comprehensive Plan update. Now, that the Comprehensive Plan update is nearly completed, the
Planning Commission might be more receptive to serve on other groups such as this one.
Mayor Dirksen said it appears that the majority of City Council is saying to move forward with
establishing this transportation group. There remain questions with regard to the level of the group's
function. Several opportunities exist; for example, this committee might report to the Planning
Commission rather than the City Council. His vision is that the group would be at the same level as the
Planning Commission, but this is open for further discussion and suggested that the City Council
members give this some thought and invited future input from City staff as well with additional
research.
Assistant Community Development Director Bunch summarized the City Council direction from this
evening. Staff will put together examples of roles, responsibilities, representative membership,
organizations, and address the question of the relationship between the Transportation Commission and
the Planning Commission. In addition, identify the ongoing responsibilities the Commission would
have. City Manager Prosser commented that a clear "charge" needs to be articulated and staff can bring
ideas for City Council consideration.
Track 2
■ Discuss Approach to Revising Intergovernmental Water Board (IWB) Member Agreement - Public Works
Department
Councilor Buehner advised there have been discussions for years about cleaning up the ambiguities in the
IWB Intergovernmental Agreements. There is a separate agreement with each member of the IWB:
Durham, King City, and Tigard Water District and they are not all the same; it has been suggested that there
only be one agreement. The agreements will sunset in the year 2018 and there is fear about what might
happen after that date. Determination of how exits can occur is necessary; the current agreements' language
is ambiguous and difficult to interpret. Another issue is that Tigard currently provides water to an area
within the Tualatin Valley Water District. Councilor Buehner advised a formal request should be initiated
to transfer this portion to Tigard. This area is within the Tigard city limits. She suggested looking at
establishing a logical boundary.
Mayor Dirksen said he had an informal meeting with Tigard Water District Commissioner Henschel.
Commissioner Henschel expressed concern about the sunset date in the existing agreement and what might
occur if members did not choose to renew the agreement. Mayor Dirksen agreed that this should be
evaluated well before the date of the sunset and to look at language, which would perpetuate the agreement.
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While we are reviewing the sunset date, it would be a good time to make other changes. Mayor Dirksen
said he would like to see a single agreement with.language dealing with Comprehensive Plan principles or,
perhaps a decision made to deal with some matters in a different way. For example, make sure that the
roles of the members are clearly defined in the new agreement.
Councilor Buehner said part of the issue regarding service provision, is that the language phrases this in
terms of a veto; that is, Tigard has veto power over certain decisions. The suggestion was that we change
this from a veto to a process - make it more proactive.
Mayor Dirksen said the agreement provides that if major policy changes are to be made, there must be
consensus among all of the members. The language is subjective.
Councilor Buehner noted there are issues with expansion of boundaries. Tigard has veto power if one of
the other IWB members wants to expand. This is negative, reactive phraseology and could be rewritten in a
proactive manner.
In response to a question from Councilor Woodruff, Councilor Buehner advised that all the
Intergovernmental Water Board members want amendments to the IWB Intergovernmental Agreements.
Councilor Wilson noted that Areas 63 and 64 are an issue; development of these areas will depend on
water. He said he was amenable to cleaning up some of the language. He cautioned that before major
revisions are made, clarity is needed on what will happen with those areas. City Manager Prosser noted a
discussion on the urbanization forum is scheduled for a November City Council meeting. Councilor
Wilson said he is particularly concerned because we are obligated for $70 million in new improvements and
the cost of water will increase we need to make sure our citizens' interests are addressed.
Councilor Buehner noted many things have been brought up with regard to the agreement and some of
these would be considered controversial by more than one of our partners. At this time, she said she is
looking at those things that will make this work more efficiently. Councilor Wilson said he was in favor of
clarifying but not in favor of making major changes. Mayor Dirksen and Councilor Buehner advised major
policy changes are not proposed; rather, the proposal is to address the sunset language and to clarify areas
of ambiguity.
Public Works Director Koellermeier said to keep in mind that this is a four-party agreement. It took two
years to develop a two-party agreement with Lake Oswego. Councilor Buehner said that everyone has
come to the table asking for changes. Councilor Woodruff asked about the boundaries issue; Councilor
Buehner said this has not been discussed.
Mayor Dirksen said he would not want to make this a priority project now since there are so many other
things being addressed. This is something we should do in the near future and well before the sunset date.
Councilor Buehner said this has already been postponed for discussion with the Intergovernmental Water
Board because she had not had an opportunity to discuss this with the rest of the City Council. This is on
the agenda for the next workshop and she feels obligated to participate. Mayor Dirksen said he has heard
agreement to move forward. Councilor Woodruff said, in the short-terns, if all four partners agree to clarify
language then that is definitely supported by the City Council. Long-range issues will need to be dealt with
at some point. City Council consensus was to move ahead with clarification language.
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Track 3
■ Discuss 3.5 b.: Award Contract for Construction Documents and Permitting Services for Lower Fanno
Creek Park
Senior Planner Nachbar advised this item was removed from the October 14 City Council agenda. This
item deals with the Walker Macy contract to produce construction documents and obtain permits for
Lower Fanno Creek Park The reason it was removed from the October 14 agenda was because there was
a question regarding funding eligibility. Some parks projects were reprioritized and funding has been
established for the project. When this was last discussed by the City Council, a concern was raised about
getting this in front of the public so they are aware of new construction. An article was written for the
December Citycape. Senior Planner Nachbar said now that the funding has been identified, he would
coordinate with the Parks Board.
In response to a question from Councilor Woodruff, Senior Planner Nachbar confirmed there were two
other bids. One bid was disqualified and the other bidder was interviewed. He reviewed the background of
the bidders. Walker Macy's bid was considerably lower than the others.
Senior Planner Nachbar advised the contract award is for $260,000. The actual contract will be about
$230,000 plus an amount for contingency. The product will be detailed construction drawings for about 25
acres that will eventually connect with the public plaza and Main Street. There will be four new bridges.
Some bridges will be removed, several large boardwalks will be built, the trail will be realigned and
constructed, and the park will be restored. The construction drawings for the stream meander will be done
by Clean Water Services. This project will form a piece of the infrastructure to support the downtown
along with the Burnham Street and Main Street projects. This sets up the environment for investment in
the downtown. The project will be done in phases.
Administrative Items:
✓ Update on business meeting agenda for tonight:
• Citizen Communication: Tigard Area Chamber of Commerce Chief Executive Officer Claris
Zoucha will be present to update the City Council on Chamber activities.
■ Council received a marked-up version of the proposed resolution regarding the Information
Security Program for the City of Tigard. City Attorney staff advised that the deadline for an
information security program was moved from November 1, 2008, to May 1, 2009; therefore,
the November 1, 2008, date was removed from the last Nemas clause in the resolution. Staff
would like to proceed with this initial policy. Attorney Ramis agreed we did not need to delay
the proposed program since we can amend the resolution later if needed.
■ Item 3.5 c. will be removed from the Consent Agenda for separate consideration (Aunni Cornract
for Design Seruces on the Gmmhog Road/Higkeay 99W/Main St?t Irrenea on P74e<t - Phase 2)
➢ City Council decided to cancel the Fifth Tuesday meeting scheduled for December 30.
➢ The November 11 and December 23 City Council meetings are cancelled.
➢ Mayor Dirksen advised the City was invited to take part in the Mayor's Action Challenge for
Children and Families. To participate we would confirm that we would try to take action in the
coming year in four areas. Mayor Dirksen said that he is supportive of this group's goals; however,
given Oregon cities' role with social services, he was not sure the City of Tigard could promise to
meet goals in the following areas:
✓ Opportunities to learn and grow;
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✓ A safe neighborhood to call home;
✓ A healthy lifestyle and environment; and
✓ A financially fit family in which to thrive.
Mayor Dirksen, said with the City Council's concurrence, he would respond that, reluctantly, he
would not be participating. No Council member objected to the Mayor declining this invitation.
o Mayor Dirksen said the City of Tigard has been invited to take part in the United Nations'
Declaration of Human Rights. The 60`h Anniversary is December 10, 2008. With concurrence of
the Council, the Mayer will issue a proclamation and receive a presentation at a City Council
meeting from the Washington County Human Rights Commission. No Council member objected
to participating as the Mayor described.
• EXECUTIVE SESSION -The Tigard City Council went into Executive Session at 7:06 p.m. under ORS
192.660(2) (e) real property transactions negotiations and (h) for consultation with counsel concerning legal
rights and duties regarding current litigation or litigation likely to be filed.
Executive Session recessed at 7:28 p.m. due to time constraints. Council resumed its Executive Session discussion at
9:35 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council and Local Contract Review Board to order at 7:34:17 PM
1.2 Roll Call:
Name Present Absent
Mayor Dirksen ✓
Councilor Buehner ✓
Council President Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
Mayor Dirksen advised that at the end of the meeting Council would receive a 3'd Quarter Goal Update.
During the summary of transportation issues, he will bring up issues that arose during the joint
MPAGJPACT meeting he attended.
1.5 Call to Council and Staff for Non-Agenda Items
City Manager Prosser advised there were no non-agenda items. He announced there would be an
Executive Session after the conclusion of the business meeting.
7:35:23 PM
2. CITIZEN COMMUNICATION
• Chamber of Commerce Representative: Chris Zoucha - Tigard Area Chamber of Commerce CEO
thanked the City Council for its support. Several City Council members were able to participate in the
annual golf tournament, which was a great success. A new Chamber of Commence office manager was
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hired, Stephanie Woosley. Mr. Zoucha reviewed some of the upcoming Chamber of Commerce
events: Halloween Trick or Treat on Main Street; PGE Power Breakfast on November 21, 7:30 a.m.;
the Tree Lighting on December 6, 5-7:30 p.m.
Mayor Dirksen referred to the Halloween event on Main Street hosted by downtown businesses. He
urged people to visit and patronize downtown businesses.
• Citizen Communication
John Frewing, 7110 SW Lola Lane, Tigard, Oregon presented testimony on two items:
1. Mr. Frewing said that he watched a program recently where the Lake Oswego candidates for Mayor
were participating in a debate. They were asked, "What one thing would they do to make Lake
Oswego better?" From the discussion he said he heard an idea that Tigard ought to consider:
Somewhere early in the land use development process, before an official City decision takes place,
there ought to be some sort of mediation session so affected people can openly talk about
differences and compromises before the formal hearing process, which starts causing expense on all
sides. Mayor Dirksen said this would be worthwhile for staff to look into further.
7:43:39 PM
2. Mr. Frewing commented on the City Council's discussion last week regarding the street
maintenance fee. He mentioned an e-mail he sent to the Council, but has not heard back He said
he wants to make sure the City Council does not forget about his concern about changing the
methodology as well as changing the rate. Several years ago when the street maintenance fee was
fast established, a citizens committee recommended that the fee should be derived 60-70% from
commercial and industrial and 30-40% from residential. The Oregon Grocers Association had a
different suggestion, which reversed the cost responsibility and the City Council agreed to this and
"took out" funds for sidewalk maintenance. Because gas prices have doubled since that time, Mr.
Frewing said sidewalk maintenance should be included as a program supported by the street
maintenance fee. He said the City Council ought to look at a change in the methodology for
collecting that fee.
Mr. Frewing also reported that at last week's meeting, the City Council was told about a split in
revenue from commercial and industrial people vs. the residential people. This is half the story. He
said the City Council needed to know what the split was on expenses. How much was allocated to
commercial/industrial streets vs. residential streets. He said he hopes when staff returns to discuss
this further, that these kinds of things will be considered up front.
• Follow-up to Previous Citizen Communication: None
7:45:57 PM
Mayor Dirksen reviewed the Consent Agenda. Item 3.5c. was removed for separate consideration and was
discussed by the City Council after consideration of the Consent Agenda.
TIGARD CITY COUNCIL/LCRB- October 28, 2008
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3. CONSENT AGENDA
3.1 Approve City Council Minutes for August 26 and September 23, 2008
3.2 Appoint Members for Urban Forestry Master Plan Citizen Advisory Committee - Resolution No. 08-
64
A RESOLUTION APPOINTING MEMBERS TO THE URBAN FORESTRY MASTER PLAN
CITIZEN ADVISORY COMMITTEE
3.3 Approve Budget Amendment # 09-06 to the FY 2008-09 Budget Granting $1,000 to the Tigard
Chamber of Commerce for the Downtown Tree Lighting Celebration - Resolution No. 08-65
A RESOLUTION APPROVING BUDGET AMENDMENT # 09-06 TO THE FY 2008-09
BUDGET GRANTING $1,000 TO THE TIGARD CHAMBER OF COMMERCE FOR THE
DOWN'T'OWN TREE LIGHTING CELEBRATION
3.4 Implement an Information Security Program for the City of Tigard to Comply with Senate Bill 538, the
Oregon Identity Theft Protection Act (OITPA), Fair and Accurate Credit Transactions (FACT) Act of
2003, and Federal Trade Commission Rules - Resolution No. 08-66
A RESOLUTION IMPLEMENTING AN INFORMATION SECURITY PROGRAM FOR THE
CITY OF TIGARD TO COMPLY WITH SENATE BILL 538, THE OREGON IDENTITY
THEFT PROTECIION ACT (OITPA) AND THE FAIR AND ACCURATE CREDIT
TRANSACIIONS (FACI) ACT OF 2003, AND FEDERAL TRADE COMMISSION RULES
3.5 Local Contract Review Board (LCRB)
3.5.a - Award Contract for Construction of Senior Center Garden Room
3.5.b - Award Contract for Construction Documents and Permitting Services for Lower Fanno Creek
Park
3.5.c - Removed for separate consideration; see below.
3.5.d - Amend Contract for Recruitment Services to Include Accounting Supervisor Position
Motion by Councilor Wilson, seconded by Councilor Buehner, to approve the Consent Agenda, less Item 3.5c.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
Removed for separate consideration from the Consent Agenda:
3.5.c - Award Contract for Design Services on the Greenburg Road/Highway 99W/Main Street
Intersection Project-Phase 2
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Mayor Dirksen announced this was removed from the Consent Agenda for discussion because the City
Council members have questions on the contract amounts.
City Engineer Duenas, Oregon Department of Transportation (ODOT) District 2A Assistant Manager
Sam Hunaidi and W&H Pacific representative Wayne Bauer were present to answer questions for this
agenda item.
City Engineer Duenas reported that when the City first started this project, it was envisioned to be
accomplished in two phases. Phase 1 was to bring the project up to 50 percent design. The focus of
the fast phase was to look at the design components; i.e., how many lanes needed to be widened, what
elements are to be added to the intersection and the approaches. Some items were deferred to Phase 2.
The delayed items included the geotech investigations as well as the detailed design on the profile. Mr.
Duenas explained that they did not want to spend very much money on the alignment until they
determined how wide the lanes were going to be. Phase 1 turned out to be less extensive.
City Engineer Duenas said issues have come up on the Hall and 99W project, which are similar to this
project. On the Hall and 99W project, one of the requirements is that when an upgrade occurs, bus
pullouts are typically required on a road such as this. Some of the other issues involve technical issues
regarding the alignments coming up from the bridge and then coming back down from the 217
Interchange. These issues are under review to resolve. City Engineer Duenas said the City does not
want to purchase any buildings it would not need and the bus pullout would have a big impact. Some
suggestions have included relocating or eliminating the bus stop. There will be a bus pullout at the Hall
Boulevard project and, perhaps, it could be combined with the required pullout for this project since it
is only a block away. Staff would like to begin the Phase 2 project so both phases can be under one
construction contract.
Mayor Dirksen advised that he and Councilor Wilson requested this item to be removed from the
Consent Agenda. Part of the concern was the amount of expense, about 18%, for the engineering work
when compared to the total cost of the project. Typically engineering costs are somewhere between 6
and 10%. Is there something about this project in particular or about highwayprojects in general that
would cause that percentage to higher. Councilor Wilson said he is aware that public works projects are
more expensive and while it might be good to ask why that is, he said he does not think this project
should be held up. Councilor Wilson noted the City made an exception with regard to the competitive
process for this project to coincide with the Hall Boulevard project. He noted the progression from
$50,000 to $200,000 and now $800,000 and he said he did not think this should go through without any
exa - nation. Councilor Wilson said he would like some assurance that we are not paying more than
what we should be paying. He also commented that Phase 1 was $100,000 less than what was projected
but then with Phase 2, the amount is $200,000 more than what is estimated.
Councilor Wilson noted staff responded to a question he posed in an email communication advising
there were some potential Oregon Department of Transportation (ODOT) requirements that might be
driving up the costs, including whether we would have to take a building. He said he decided it was
time to review this. He added that the City is considering extending the gas tax for a couple of years to
pay for a project that is getting more expensive. He suggested that we evaluate and get some buy- in
from ODOT first as to whether the curvatures can be adjusted and can there be 11-foot lanes before
we proceed.
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City Engineer Duenas responded that staff was having discussions on how to ease the process. He
proposed the easiest way might be to amend and extend the Hall/99W project. Access. management is
one area where a lot of work has been done. City Engineer Duenas said ODOT has pledged to work
with the City of Tigard. City staff is working with TriMet and ODOT to resolve the issues regarding
the bus pullout to determine if this could be rearranged. The intention is to avoid taking the building.
Councilor Wilson questioned whether, as a matter of policy, some standards could be relaxed because
the improvement is better than what exists. Mr. Hunaidi from ODOT said all options are under review
to determine what can be done to accommodate the improvement. They need to consider the standard
and they can deviate somewhat to address the City's concern. He said there might be some resolutions
to meet ODOT's requirements at the same time meeting the objective of what the City is trying to do
for that intersection. With regard to the access management, Mr. Hunaidi said ODOT could approve
what was added as a result of the second phase. Mr. Hunaidi said the bus pullout issue can be worked
out. The alignment issues, according to Mr. Hunaidi, are something that must be addressed from a
technical point of view.
Councilor Wilson said he was concerned about how much must be spent on design fees before it is
known if we have reached the "deal killer." Mr. Hunaidi said the design must meet ODOT standards;
however, Mr. Bauer would need to address the design fees.
Mr. Bauer commented on his firm's history with working with the City of Tigard for the last three years.
They have worked with Washington County for more than 20 years. He said they are not a firm that
"goes to the well" to ask for changes in their contracts. They try to scope and budget the projects to
meet the needs and the client (staff) controls their work as they move along. City Engineer Duenas is in
charge, which is the reason why the previous contract was under estimate. Work that was not needed
in the first phase was deferred to the second phase so they could make educated decisions based on the
available funds. The Highway 99W improvements will receive lot of scrutiny from ODOT because it
is their facility. W&H Pacific has allowed for a number of "back and forth" reviews with ODOT to
refine the design and control the costs. Mr. Bauer said their job is not onlyto lead to a safe
improvement, but also to lead to a cost-effective improvement for the City of Tigard. He said there
should be no concern with W&H Pacific doing anything more than what City Engineer Duenas and
Right-of-Way Administrator McCarthy will want them to do. The project allowed some cushion for
additional work where needed; however, they hope to hold down those costs as well as the construction
costs by working with Mr. Hunaidi and ODOT to come up with the best design for the intersection.
8:04:24 PM
Mr. Bauer said that for the Hall/99W project, many of the technical issues/problems have been worked
out; i.e., design exceptions and access management. This work has set the stage for this project to go
substantially smoother. The City of Tigard will get the benefit of these past actions.
8:05:06 PM
City Engineer Duenas reminded Council that W&H Pacific did go through a competitive selection
process. In addition, this firm is working on the Hall/99W project. He explained the on-call consultant
procedures and the process followed in this instance.
8:06:01 PM
Councilor Woodruff noted his appreciation to Mr. Hunaidi and Mr. Bauer for coming to this meeting.
He said the City Council is watching this project carefully. "We really stepped out on this in terms of
passing the local gas tax for Tigard for the express purpose of making this change to have some effect
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on the traffic problem on 99, which always flows to the top of people's concerns about living in Tigard.
We want this to be done as efficiently and cost a less amount of money and that there's a good
partnership with ODOT in both that intersection and the one you are going to work on... " He said by
watching it carefully, we are going to be in good shape and the citizens will be served once the work is
done.
8:06:56 PM
City Engineer Duenas advised there will be an open house in December to present information about
both the Hall/99 project and the Greenburg Road project. An open house with selected invitees
(immediate property owners) was held last week Council will receive a briefing on November 18 about
both projects.
8:07:5013M
Councilor Wilson said he would support approving the contract, but with two requests:
1. To the extent possible, move forward the negotiations with ODOT (at least on a conceptual level)
to obtain agreement so we will know the expenses; i.e., the taking of the building. This information
should be reported to the City Council before the project is too far along.
2. Separate from this contract, look at engineering costs relative to construction costs. What is the
experience throughout the County? Find out if we are comparable to this and private sector costs
and, if needed, find out why it is different.
8:08:51 PM
Mayor Dirksen agreed with Councilor Wilson, particularly with regard to his second request. He said it
is not because we question anyone's veracity on this. As elected officials, he said they need to be in
control of these costs and make sure they are making the correct decisions for the citizens.
8:09:2113M
Motion by Council President Sherwood, seconded by Councilor Woodruff, to approve Consent
Agenda Item 3.5c., Award Contract for Design Services on the Greenburg Road/Highway99W/Main
Street Intersection Project, Phase 2
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
8:09:52 PM
4. QUASI-JUDICIAL PUBLIC HEARING - ZCA 2008-00003/CACH ANNEXATION
REQUEST: The applicant's requests approval to annex two (2) parcels totaling 1.43 acres to the City of
Tigard. The proposed annexation does not include any development plans. The subject property is an island
of unincorporated land surrounded by the City of Tigard, with land owned by the City on the west and south
and private land on the north and east.
LOCATION: 15170 SW Sunrise Lane; Washington County Tax Map 2S105DC, Tax Lots 00101 and 00300.
TIGARD CITY COUNCIL/LCRB- October 28, 2008
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COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6
District is to implement the policies of the Comprehensive Plan for areas designated for residential
development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified
by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the oppomznityfor more
flexibility in development than is allowed in the R-5 District.
EQUIVALENT CITY ZONE: R-7: Medium Density Residential District. The City of Tigard R-7 zoning
district is designed to accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot
size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval
standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, City
of Tigard Comprehensive Plan (updated version) Goal 1 and Goal 11 (Policy 4 and Policy 6), and City of
Tigard Comprehensive Plan (non-updated version) Policy 10.1; Metro Code Chapter 3.09; and ORS Chapter
222.
8:10:15 PM
a. Mayor Dirksen opened the public hearing.
b. City Attorney Ramis reviewed the rules of procedure for this public hearing.
C. Declarations or Challenges were reviewed as follows:
- Do any members of Council wish to report any ex parte contact or information gained outside
the hearing, including any site visits? Councilor Buehner advised she was familiar with the site.
- Have all members familiarized themselves with the application? All City Council members
indicated they were familiar with the application.
- Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this
matter or is there a challenge on the participation of any member of the Council? There were no
challenges.
8:14:39 PM
d. Staff Report: Associate Planner Pagenstecher presented the staff report. A copy is on file in the
City Recorder's office.
e. Public Testimony. None.
f. Staff recommended approval of the annexation as set forth in the proposed ordinance.
8:16:34 PM
g. Mayor Dirksen closed the public hearing.
h. Council Discussion and Consideration: Ordinance No. 08-16
Motion by Councilor Buehner, seconded by Councilor Woodruff to adopt Ordinance No. 08-16.
ORDINANCE NO. 08-16 - AN ORDINANCE ANNEXING 1.43 ACRES OF LAND,
INCLUDING TWO (2) PARCELS, APPROVING THE CACH ANNEXATION (ZCA 2008-
00003) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT,
WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
8:18:18 PM
5. INFORMATIONAL PUBLIC HEARING - FINALIZE SANITARY SEWER REIMBURSEMENT
DISTRICT NO. 38 (FAIRHAVEN STREET)
a. Mayor Dirksen opened the public hearing.
b. Declarations or Challenges were reviewed as follows:
- Have all members familiarized themselves with the proposed reimbursement district? All City
Council members indicated they were familiar with the proposed reimbursement district.
- Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this
matter or is there a challenge on the participation of any member of the Council? There were no
challenges.
C. City Engineer Duenas presented the staff report outlining the final results of the project. A copy of the
staff report and the PowerPoint presentation are on file in the City Recorder's office. Two property
owners have already hooked up to the sewer as they needed the sewer connection for health/safety
reasons.
d. Public Testimony
8:26:09 PM
■ Judy Burman, 11225 SW Fairhaven Street, Tigard, OR 97223 asked about the permit to connect to
the sewer. She said her understanding was that this project was completed prior to July and, if they
were to secure the permit, it would cost them $2,835. When she talked to someone at CityHall,
there was an issue with the contractor and the final amount; this issue was not settled until after
July 1. The permit increased in the meantime by $300. She said she did not think they should be
penalized and they should only have to pay $2,835. CityEngineer Duenas responded that the
contractor had a claim, which the City denied at first. A settlement was negotiated. The fee
increased July 1. In response to a question from Mayor Dirksen, City Engineer Duenas said it was
possible that the district could have been finalized before July 1 if there had been no challenge. He
said he could do some research. Mayor Dirksen noted the fee in question is not a City fee; it is a
Clean Water Services fee and the City Council does not have the ability to grant an exception to pay
the lesser amount. He advised Ms. Burman this could be appealed to Clean Water Services and, if
after staff researches the substantial completion date, it appears this could have been finished before
July 1, the City could also file a letter of recommendation that the fee be reduced.
Councilor Wilson said this is not a penalty situation, it is the yearly fee adjustment. Ms. Burman
acknowledged they knew of the increase and added that this increase is substantial - 10%. She was
told the reason there was no final figure for the assessment was because of the issue with the
contractor. She requested some assistance with the appeal process. Mayor Dirksen agreed the City
could help sort out this process and if the facts do show that under normal circumstances you
would have been able to get your permit before the fee increased, the City Council would be happy
to be an advocate and encourage Clean Water Services to grant an exception. Councilor Wilson
advised that C'W5 is "our" agency in the sense that we are citizens of Washington County and in
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their district. A good question is, "Why did it go up 10%..." Mayor Dirksen asked Ms. Burman to
leave her contact information with City Engineer Duenas.
8:32:18 PM
■ Sharon Klump, 11345 SW Fairhaven, Tigard, OR 97223, declined to testify, she advised her
question had been answered.
8:32:35 PM
■ Robert Mills, 13530 SW 115`" Avenue, Tigard, OR 97223, noted that the cost of the district is based
on 22 lots paying their fair share. If not all of the lots pay, how does that affect those who hook up
early. Mayor Dirksen said it has no effect; the charge is based on a fair amount to each. If
someone within the district does not hook up within 15 years, then they do not have to pay the
assessment.
e. Staff Recommendation: City Engineer Duenas recommended the City Council adopt the resolution
finalizing Reimbursement District No. 38, Fairhaven Street. Sewer will be made available upon passage
of the resolution.
8:34:02 PM
f. Mayor Dirksen closed the public hearing.
g. Council Consideration: Resolution No. 08-67
Motion by Council President Sherwood, seconded by Councilor Woodruff to adopt Resolution No.
08-67.
RESOLUTION NO. 08-67 - A RESOLUTION FINALIZING SEWER REIMBURSEMENT
DISTRICT NO. 38 (SW FAIRHAVEN STREETS AND AMENDING TEE PRELIMINARY
CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 08-05
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
Mayor Dirksen commented that some of the districts have been difficult and more expensive to
construct. He noted this district was completed for less than the original estimate.
8:34:50 PM
6. LEGISLATIVE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009
- UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY
DEFINITIONS
a. Mayor Dirksen opened the public hearing.
b. City Attorney Ramis reviewed the rules of procedure for this hearing.
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8:38:44 PM
C. Declarations or Challenges were reviewed:
- Does any Council member wish to declare or discuss a conflict of interest or abstention? There
were no declarations or challenges.
8:38:54 PM
d. Staff Report: Assistant Planner Daniels presented the staff report, which is on file in the City
Recorder's office.
Assistant Planner Daniels reviewed the changes made to the Glossary after the October 14, 2008, City
Council meeting.. These changes are outlined in an October 15, 2008, memorandum attached to the
staff report.
8:43:27 PM
e. Public Testimony
■ John Frewing, 7110 SW Lola Lane, Tigard, OR 97223, said the ordinance does not refer to
Attachment 2 and this should be reflected. Mr. Frewing commented on Page 2 of Attachment 2 it
states that passive recreation does not require high levels of physical activity. He did not think this
is correct. Fanno Creek Trail is used extensively by runners and that is "quite a physical activity."
He asked this be clarified.
At the top of Page 3, Mr. Frewing referred to language on Sensitive Lands. Originally, the language
said to "see the Tigard Code that defines Sensitive Lands." Now, the language says: "Areas
containing steep slopes, wetlands, drainage or floodplain as defined in the Tigard Community
Development Code." Significant habitat areas are not listed, however, it is listed in the
Development Code. Mr. Frewing referred to the Community Development Code 18.775.010. He
said there is a specific Tigard map adopted along with the Goal 5 Rules (Tualatin partners), which
listed significant fish and wildlife habitat. Mayor Dirksen and Councilor Wilson commented that
significant habitat area might not come under the heading of Sensitive Lands. Councilor Wilson
said that traditionally Sensitive Lands has not included wildlife habitat and if we were going to
regulate them accordingly, that would be a change. This is something that needs to be debated.
Mr. Frewing asked that the letter "s" be added to the last word in the definition, "The Tigard Urban
Planning Area(s)" to reflect there are two areas: Bull Mountain and Metzger.
Mr. Frewing referred to the Tigard Urban Services Area definition. In the third line from the
bottom, the language refers to the TUSA agreement. It is not stated that there is such an agreement
but Mr. Frewing said he thinks there is an agreement between Washington County and the City of
Tigard, which needs to be stated to be consistent with the definition above for the Urban Planning
Area(s) Agreement. Mayor Dirksen agreed it is phrased differently, but the meaning is there.
8:48:58 PM
Councilor Buehner suggested to address Mr. Frewing's concern with the "passive recreation"
wording to delete a portion of a sentence. She affirmed the Mayor's clarification that this wording
is, "This is recreation activity that does not usually require specialized facilities."
8:49:43 PM
Mr. Frewing returned the attention to the Tigard Urban Services Area noting he thought this area
should be referenced since it will be in existence for the next 20 years.
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8:50:07 PM
Mr. Frewing then referred again to Sensitive Lands. Reading from 18.755.010 (G)(5): Significant
fish and wildlife habitat areas designated on City of Tigard significant habitat areas map, Ord. 06-20,
Ord. 05-01. Council members clarified for Mr. Frewing that this is Sensitive Habitat, which is
different from Sensitive Lands - the regulations are different. Assistant Community Development
Director Bunch advised that in Section 18 Sensitive Lands all of those areas are within
wetlands and drainage ways. It might be determined in the future that there are other sensitive
lands in the city besides wetlands, drainage ways, or floodplains (might include upland areas as well).
Those areas would be designated and regulated pursuant to the same process by which we
determine these lands are significant. What we are doing by referencing wetlands and drainage ways
is referencing the ordinance within which this topic is defined. One may mention significant fish
and wildlife habitat areas in the City of Tigard areas map; however, Assistant Community
Development Director Bunch suggested caution if we start determining that it includes significant
habitat because we might be subject to other kinds of standards and regulations. After discussion,
City Council members concurred the proposed language is acceptable after Assistant Community
Development Director Bunch affirmed that the proposed language is not in conflict with the Code.
8:54:03 PM
Mr. Frewing clarified, "for the record" that, "You are saying this definition is not in conflict with
the Code." City Council members agreed with this statement.
8:54:26 PM
Mr. Frewing referred to Exhibit A, Page I-1. In the third paragraph of the first subsection, it says,
"The current conditions and projected trends are summarized in the 2007 Resource Report, which
provides the substantive, factual basis for many of the Plan chapters." He said he has commented
on the Tigard 2007 Resource Report that, "It doesn't include anywhere near the same kind of
factual information that was included in the 1983 Tigard Comp Plan. It is a watered-down version
of that material... I have urged the staff to have that material in the 2007 Resource Report because
the new Comp Plan references current conditions. If we don't have an official record of what those
are... there's nothing to anchor your review on. We need a clear, comprehensive statement of
current conditions in the city, which are incorporated in the Tigard 2007 Resource Report."
8:56:35 PM
Mr. Frew asked what are the relationships among the Zoning Map, the Transportation System
Plan, Parks Master Plans and other plans and maps used by the City to implement the
Comprehensive Plan. He said that some of those other documents have likely been considered as
part of the Comprehensive Plan in the past. To the extent that this is a story about how you are to
use the Comprehensive Plan, he thought it was lacking in telling people how use those narrow and
specific documents. The introduction ought to address this. Mayor Dirksen and Councilor Wilson
clarified for Mr. Frewing that the Zoning Map and Transportation System Plan are not part of the
Comprehensive Plan; these documents implement part of the Comprehensive Plan, but do not
become part of the Comprehensive Plan. Councilor Wilson explained that the Zoning Map
becomes the regulations that follow from the Comprehensive Plan. Mr. Frewing said he thought
the Comprehensive Plan should tell people how to use these other documents. Mayor Dirksen said
he thought the relationship of these documents to the Comprehensive Plan is comparable to the
relationship between the Oregon Constitution and the Oregon Revised Statutes. The Statutes are
not part of the Constitution, but the Constitution is used to create the Statutes. Mr. Frewing
indicated this was acceptable.
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8:59:04 PM
Mr. Frewing referred to the middle of Page I-2 of Exhibit A, where it states, "These actions are
accomplished through specific legislative proceedings and include the adoption of codes and
standards for public facility plans, capital improvement plans, transportation system plans, etc."
Council concurred with Mr. Frewing's statement that the Council thought this covered the
relationship as he questioned above. Mr. Frewing said, "So, it's a legislative proceeding that adopts
and changes those documents." Mayor Dirksen responded that it forms the basis for changing the
documents; it does not actually make the change. This will be a legislative procedure before the
City Council.
8:59:59 PM
Mr. Frewing referred to a section of Exhibit A, which is the old Comprehensive Plan language
"lined out." He referred to the "lined out" material that talks about governmental coordination.
He said this section is missing from the new Comprehensive Plan and he asked the City Council to
reinstate this or similar language. Assistant Community Development Director Bunch noted this
language is included in a separate chapter called "Goal 2 Land Use Planning." This chapter
includes the Goal 2 coordination requirements of statewide planning goal; it is adequately covered.
9:01:49 PM
Mr. Frewing noted his concerns with the Glossary.
On Page G- 1, a citizen is defined as an inhabitant of a city or town, specifically one entitled to its
privileges and franchises. He said this needs "a little bit of fixing." "They are not all entitled to all
privileges and franchises; for example, voting. And yet, if I live in unincorporated... `inhabitants' -
it's not clear whether or not I work there or my residence is there." He suggested this wording:
entitled to at least one of its privileges or franchises."
Council President Sherwood commented that she thought the above suggestion was argued
extensively at the Planning Comnvssion level and this is "what we all settled on."
9:02:59 PM
Mr. Frewing noted consistency with use of the words residents and citizens throughout the
document.
Council President Sherwood advised the glossary provides the definition where the term "citizen"
or the term "resident" is used.
9:04:31 PM
Mr. Frewing referred to Page G3, where it talks about a floodplain as an area adjoining a stream
that is subject to regional flooding. He said, "I don't know what region you are talking about. I
think there is conflict arising because on Page G- 1 you define something a little bit different, which
is a 100-year floodplain... It seems to me that those are not connected and should be. A floodplain
is a hydrological, geographical location subject to flooding at some recurrence interval. A 100-year
floodplain is that area subject to flooding at a 1 percent recurrent chance. A 100 years probability.
Regional flooding - is that at Fanno Creek or Columbia River or is that... " Councilor Wilson
advised that we do not have any tidal estuaries or coasts here. He said he believed this was simply
the dictionary definition. Council President Sherwood added that it is a definition for where the
word is used within the document. These terms have been extensively researched along with a
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review through hearings. Mr. Frewing replied he had gone through the process and has argued that
the term "100-year floodplain' should mean that area subject to flooding every 100 years, not only
as determined by FEMA maps. There are other areas in the Gty that are also low elevation and get
flooded in a 100-year storm and they are not included in the FEMA's classification and, yet, they
would subject the resident or landowner to damage or whatever flooding impacts this land.
Therefore, Mr. Frewing argued that the 100-year floodplain ought to be defined as a geographic
feature rather than just a FEMA event. He said, "If you want to say-that FEMA has rules for
certain water bodies, that's great. But, a 100-year floodplain is not just a FEMA matter."
Councilor Buehner stated that we are governed byFEMA rules with respect to the 100-year
floodplain. It would not be consistent with federal law for us to have a definition that was not
consistent with FEMA guidelines. Mr. Frewing responded that the was not asking the Qty to
violate FEMA guidelines, he was asking the Gty to recognize that there are floodplains in Tigard,
which are not covered by FEMA guidelines because FEMA did not map those areas. Councilor
Buehner said we are bound by the federal rules. Mr. Frewing said he was not objecting to the rules.
He said, "When water runs down hill and if we get a 100-year storm, you are going to get flooding
in a certain area and that is the 100-year floodplain whether FEMA mapped it or not. Where
FEMA has mapped it, Tigard has adopted those maps and that's fine and let's use those maps."
Councilor Wilson said that this is why the language is non-specific because what we are really are
talking about is probabilities and no one can predict the future. Even the 100-year floodplain is a
somewhat arbitrary line.
9:08:18 PM
Assistant Community Development Director Bunch provided some background information on
this subject. This issue was argued extensively at the Planning Commission as it relates to what is a
floodplain and what is an area subject to flooding and the like. There are areas subject to localized
ponding and flooding that are not within the jurisdiction of FEMA. These definitions were
specifically used as it relates to our regulatory program and the regulations imposed byFEMA.
This issue has been reviewed at the Planning Commission as well.
9:09:03 PM
Councilor Woodruff asked Mr. Frewing if the items he is bringing up at this hearing, are items that
have already been discussed by staff and the Planning Commission previously or is he taking this
opportunity to bring up some new matters. Mr. Frewing said some have been discussed previously,
while other matters have not been discussed. He said he did not attend the Council workshop,
because citizen input was not received. He said he did attend the Policy Interest Team meetings and
made many of these comments at those forums. As a matter of the public hearing, Mr. Frewing
said he is trying to get the City Council to reconsider what has gone on before. Mr. Frewing
acknowledged he prevailed on some of his points and commented that staff has tried to do as good
as job as they can. However, he said there are still some outstanding issues he wants to raise.
9:10:07 PM
Mr. Frewing cited Page G 11 and the word "support." In many places the policy says Tigard will
support this or that. He said, "It says to aid the cause, policy, or interests of or contribute to the
progress or growth of, which is pretty reasonable except it doesn't say when it's going be applied. I
would simply urge you to say... in discretionary matters before decision makers. In other words,
there are going to be times when you can or cannot do it. And, I want you to say that in those
discretionary matters , to support something means to aid the cause policy or interests. That just
simply tells you when you are going to do it."
TIGARD CITY COUNCIL/LCRB- October 28, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page I8 of 22
9:1.1:30 PM
Mr. Frewing said he does not understand definition (on Page G 12) of the phrase "up to date." He
cited language that says, "Being in accord with relevant facts, knowledge, techniques, styles, etc."
He again said he does not know what this language means. It would make more sense to him if the
language said, "Being in accord with nwr relevant facts... " He said, "Up to date means now, not
ten years ago."
9:12:12 PM
Mayor Dirksen asked for staff comment on the above concern. Assistant Community
Development Director Bunch said, "This was arrived at the determination of really what is an up-
to-date Comprehensive Plan... the Comprehensive Plan and all of the documents and things that
we work with embody a large number of facts, circumstances, conditions, and so on and so forth.
What is relevant to one particular situation mayor may not be relevant to another. For example,
facts or issues that are ten years old may not be relevant to an issue; however, facts that are relevant
three weeks ago are relevant to an issue. So, we are searching for as much flexibility in describing
what is up to date and providing decision makers with that discretion or flexibility as well. This was
consciously done in terms of providing a broad range of what relevancy is."
9:13:19 PM
Mayor Dirksen asked for additional comments from others who might not have had an opportunity
to sign up to speak during this public hearing. There were no additional comments.
9:13:29 PM
f. Staff Recommendation
Assistant Planner Daniels advised that staff has found that the language included in the amendment
complies with the applicable state land use goal, the City's municipal code and comprehensive plan
policies, as well as federal, state, and regional plans' and regulations. Therefore, staff recommended that
the City Council adopt the language presented in Exhibit A.
g. Council questions.
Councilor Woodruff asked if staff had heard testimony tonight from Mr. Frewing that was new and
needed additional consideration. Or, does staff feel as if they have adequately dealt with those items.
Assistant Community Development Director Bunch advised that over the last three years, with the last
two years being a review in depth, that the staff feels they have adequately addressed the items raised.
Mr. Frewing brought up the issue of what are sensitive lands and significant habitat. He also brought
up an issue relating to lands that have been designated as significant or sensitive lands on some of the
City's maps, which were in the 1983 plan. Assistant Community Development Director Bunch said,
"What really is our intent is to go through and identify these areas... pursuant to direction from Council,
such as we have talked about the inventories of significant habitats, such as upland tree growths and the
like that can be protected pursuant to Goal 5. So, that is really part of the Plan implementation
program as it relates toward the regulatory map or to standards. We want to implement the Plan in
accordance with state law. So really, that is also what we have to do. Because the 1983 Plan, being 25-
years old, is really out of date. And, some of it may or may not have been applicable or supportable by
current state standards. So, we have made every effort to vet these things, discuss them with the
Planning Commission and come to definitions and we feel comfortable with what we have to date.
Recommendations such as what is passive or not passive recreation are certainly appropriate to changes
TIGARD CITY COUNCIL/LCRB- October 28, 2008
City 0 f Tigard _ 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov~I Page 19 of 22
as Councilor Buehner said, but... I consider (running) passive recreation because it involves an
unstructured activity and not using a specialized facility. So, a lot of it is sometimes how much does
one want to dance on the head of a pin... I think all of these definitions are sound and they do a good
job for us."
9:16:28 PM
h. Mayor Dirksen closed the public hearing.
9:16:33 PM
i. Council Consideration: Ordinance No. 08-17
Councilor Buehner advised she wants to make sure everyone understands the suggested changes with
regard to passive recreation. She agreed with adding the "s" to the end of Tigard Urban Planning
Area.
Mayor Dirksen asked if Councilor Buehner was proposing to make a motion to "accept the chapter
as proposed in Exhibit A, as modified by Attachment 2, and also including the two changes relating
to passive recreation and adding the "s" to Planning Area(s).
Councilor Buehner concurred this was her motion. Councilor Wilson seconded the motion.
ORDINANCE NO. 08-17 - AN ORDINANCE ADOPTING COMPREHENSIVE PLAN
AMENDMENT CPA 2008-00009 TO UPDATE THE COMPREHENSIVE PLAN
INTRODUCTION AND ADD A GLOSSARY OF KEY DEFINITIONS, AS AMENDED.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
This concludes the Comprehensive Plan update. City Council applauded the efforts of staff and those who
worked so hard on the update.
Assistant Community Development Director Bunch honored all of the citizens, especially the Planning
Commission, the City Council, the Boards and Commissions, and all of the others involved in the
Comprehensive Plan process. Assistant Community Development Director Bunch said:
City G% xil stool boW n l us ezery step of the wry You initiated the process. The Plam*ng Cormws"' r bam
and hours listening to us and hazing us take yotcr f conr ba& to the drawing loam again and again
The CCI, wbio~ m lly established a firm foundation for the atizen irnwlwnrnt process here The Try Boan~
whicb got together and worked through the my di adt e~fom assorratad with trees, whi& we hope to honor oral
gi.w greater completion to as we go through and in pknvrt the plan Parks and Recreation A dzisory Board and
the Policy Interest Teams and all of the mnvraazity panxVatior; irdu&ng all of the rmny, many groups Marisa
(A ssistant Plarmer Dam&) nrt with might after might to get their irk -for theirpaniapration and support:
A nr I would also like adz nowledge John Fxwng for his mrnim4ous inwluwvr anc John thank you zery
mardb, you've given us all your timr and so zee appreciate you being here as well This uns a real joint; coVeratize
TIGARD CITY COUNCIL/LCRB- October 28, 2008
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 20 of 22
e~for4 with all Gf the orgarrzzaum, all of the other departments, they were also tnw1zed ane so zee are really
proud to present to gnu a cnr pkted Comprehensize Plan Thank yw
Councilor Buehner also extended acknowledgement to two additional groups: 1. To the Planning
Commissioners who were working on this early in the process and are no longer serving on the Planning
Commission and 2. To the prior City Council members who are no longer serving.
Mayor Dirksen said this has been a long, challenging and valuable process that has led us to this new,
improved document.
9:21:36 PM
7. APPROVE A TRESPASS AND EXCLUSION ORDINANCE TO ESTABLISH GENERAL RULES OF
CONDUCT ON CITY PROPERTY
a. Police Chief Dickinson presented the staff report. Acopy of the staff report is on file in the City
Recorder's office.
b. City Council had received a preview of this proposed ordinance at its October 21, 2008 Workshop
meeting. Council members indicated the proposed ordinance appeared to be consistent with
information presented at the workshop meeting.
C. City Council consideration: Ordinance No. 08-18.
ORDINANCE NO. 08-18 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL
CODE ADDING CHAPTER 7.58 FOR RULES OF CONDUCT ON CITY PROPERTY AND
REPEALING CHAPTER 7.100 FOR EXCLUSION FROM THE TIGARD PUBLIC LIBRARY
Motion by Councilor Woodruff, seconded by Councilor Wilson, to adopt Ordinance No. 08-18.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
9:28:34 PM
8. THIRD QUARTER GOAL UPDATE ('Plus item will be reviewed at a future City Council meeting.)
9. COUNCIL LIAISON REPORTS: None
10. NON-AGENDA ITEMS: None.
➢ Before the City Council went into Executive Session, it acknowledged several Tigard High School Students in
attendance fulfilling a classroom assignment to attend a public meeting. One question was asked regarding the
number of City Council votes needed to adopt a Council action. Mayor Dirksen noted it must be a majority of
City Council members voting in favor.
TIGARD CITY COUNCIL/LCRB- October 28, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov l Page 21 of 22
9:28:41. P'.N4
11. EXECUTIVE SESSION. The Tigard City Council went into Executive Session at 9:35 p.m. under ORS
192.660(2) (e) real property transactions negotiations and (h) for consultation with counsel concerning legal
rights and duties regarding current litigation or litigation likely to be filed.
12. ADJOURNMENT
Motion by Council President Sherwood, seconded by Councilor Woodruff, to adjourn the meeting at 10:20
p.m.
Brine Wheatley, City corder
Attest:
'4~1~A7
Mayor, City of Tigard
Date: / I 09
I:\ADM\CATHY\0CM\2008\081028 fmal.doc
TIGARD CITY COUNCIL/LCRB- October 28, 2008
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i
Agenda Item # 544 d!~j Se 5S ton
Meeting Date October 28.2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Discussion of Instituting a Citizens' Transportation Advisory Committee
Prepared By: Ron Bunch Dept Head Approval: C. City Mgr Approval: Ci
ISSUE BEFORE THE COUNCIL
v Should the City further consider the matter of forming a Citizens' Transportation Advisory Committee (CTAC)?
STAFF RECOMMENDATION
Council's alternatives are to either direct staff to develop a formal proposal to form a CTAC for its consideration, or to
decide to not pursue the matter further.
KEY FACTS AND INFORMATION
Council has expressed interest in forming a Citizens' Transportation Advisory Committee (CTAC) to advise it on
transportation matters. This discussion arose from awareness that Tigard and the rest of the Portland Metropolitan
Region faces many current and future transportation challenges. Furthermore, it was thought that a new transportation
advisory committee would be beneficial by serving as a standing advisory body and a forum for citizen participation.
Instead of forming ad-hoc transportation committees on a fairly regular basis, a standing committee would provide a
dependable "go-to" source of advice and citizen engagement opportunities. On the other hand, concern was expressed
that a new advisory body would result in an added expense and expenditure of staff resources and there might not be
enough work to keep it busy.
Staff undertook a survey of five Portland metro area jurisdictions that utilize transportation advisory
boards /committees. The results are appended as Attachment "A." Please note that this list also identifies recent
agenda topics for these boards. Many of these agenda items are similar to things that Tigard now handles
administratively and they often come to Council for decision. The "agenda topics" illustrate two core issues of this
matter. They are 1) is it necessary to involve citizens in these matters; and 2) is it important to receive citizen
recommendations on some transportation matters prior to them coming to Council?
From staff s perspective, there is a third core issue: "Is it important to have a single advisory body to provide advice to
Council on the broad range of future and current transportation issues rather than forming ad-hoc advisory groups for
each?" For example, separate groups have been, or are being formed, to provide citizen input for the Tigard
Transportation System Plan (TSP); Neighborhood Pathways Plan, and Transportation Finance. In the near future there
will also be other transportation policy issues that will require citizen engagement, such as implementation of the Tigard
99W Improvement and Management Plan; High Capacity Transit / Light Rail; Metro Transportation Improvement
Plan funding, etc. Also, Council may wish to involve citizens in specific transportation studies /initiatives such as the
Downtown Circulation Plan and bicycle/pedestrian safety.
I:\LRPLN\Council Materials\2008\10-28-08 AIS Discussion of Instituting a Citizens' Transportation Advisory Committee.doc 1
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
Comprehensive Plan Goals
Citizen Involvement: Goal 1.1: Provide citizens, affected agencies and jurisdictions the opportunity to participate in
all phases of the planning process; 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.
ATTACHMENT LIST
Attachment 1: Metro Jurisdictions - Traffic Board/Committee Survey
FISCAL NOTES
N/A
1:\LRPLN\Council Matcrials\2008\10-28-08 AIS Discussion of Instituting a Citizens' Transportation Advisory Committcc.doc 2
ATTACHMENT 1
Traffic Committees
Beaverton
Contact Jabra Khasho, Public Works
(503) 526-2221
ikhasho ~r%c.iJ:~eaverton_or.~is
• http://~~-~~,~w.bcaverte;mr.~r_e~>t~.~~o~%/t.navo.r/boards board. deiails.asp~=l:ul=traffic
Membership There are 7 regular members. Members must be City residents. Members are appointed by
the Mayor with approval of the City Council.
Powers and The commission's duties include reviewing proposals related to major traffic changes in the
Duties City, advising the City Council on issues pertaining to traffic safety, and assisting in .
promulgating standards and policies relating to neighborhood traffic management. The
Commission holds public hearings on traffic issues.
Recent Agenda Public Hearings: Traffic Calming Project Rankings for 2008, Revisions to traffic
Topics enhancement Fund Project Allocations, Parking Restrictions on the east side of SW 105th
Terrace between Valeria View Drive and Washington Street, Loading zone on SW Millikan
Way near Watson Avenue, Parking time limit revisions on SW Broadway between East
Avenue and Watson Avenue; Consent Items: Parking Restrictions on SW Hall Boulevard
between 5th and 12th Streets, Parking Restrictions on SW 166th Avenue near Baseline Road
Lake Oswego
Contact Massoud Saberian, P.E., Traffic Engineer
503.635.0274
hal- //~tw~~.ci.os~~e~o.c~r..us/en ineer/Trans/t:ab.I:I"I."RI
Membership The Transportation Advisory Board is an eight-member citizen advisory body (which
includes one student member) appointed by the City Council.
Powers and It meets each month to oversee the Neighborhood Traffic Management Program. The
Duties Neighborhood Traffic Management Program (NTMP) was established in 1993 to give
citizens and neighborhoods greater participation in decisions regarding traffic management
on neighborhood collectors and local residential streets in order to promote the safety and
livability of residential neighborhoods.
Recent Agenda Staff Reports: Streetcar Update - Metro Trails and Transit Plan Crosswalk project updates,
Topics Neighborhood Pathway Criteria, Lake Oswego Police Report, Electric Vehicle Charging
Stations, Corners Options Under Consideration, Neighborhood Pathway Program Quarry
Road Waluga Neighborhood Improvements, Present 08-09 Bike Mini-Grants and Oregon
Transportation Safety Conference Scholarships, Present Conceptual Drawings For 6
Corners Intersection
Hillsboro
Contact Engineering Division Information
503-681-6146
eng-dept@ci.hiUsboro.or.us
ht1h://w»'~~`.ci.hillsbor<:~.<:~r.us/Public~~'<u'1;s '1'C.as»
Membership The Transportation Committee is made up of three (3) City Councilors who are appointed
by the Mayor with the consent of the City Council. The non-voting member (citizen
advisor) is appointed by the Transportation Committee Chair in consultation with the
members of the committee and confirmed by the City Council to a term not to exceed one
year.
Powers and The function of the committee is to assist in the development of the Transportation
Duties System Plan (TSP) and to serve as the Traffic Safety Commission. The committee's
functions include the following:
■ Advise the city transportation/ traffic system issues, policies, standards, plans, and
capital programs.
■ Guide transportation system planning work and public involvement in
transportation programs.
■ Set goals for the Transportation System Plan and special transportation studies.
■ Review and recommend an annual "Hillsboro Transportation Action Plan" that
identifies modal objectives, capital priorities, funding opportunities and objectives,
and a transportation work plan based on adopted local, regional, and state plans.
■ In cooperation with the bicycle pedestrian task force and the Police Department,
serve as the Traffic Safety Commission to research, develop, and implement traffic
safety programs, promote the education of the public on traffic safety, and work
toward the reduction of traffic accidents, injuries, and deaths in the public right-of-
way. The Traffic Safety Commission may seek grant monies, and review and
recommend to City Council proposed safety projects eligible for grant funding.
Recent Agenda Items for recommendation to City Council: dedication of additional public right of way on
Topics NW 192nd Avenue south of NE Cornell Road, to accept the dedication of additional
public right of way on the west side of SW Armco Avenue south of SW Walnut Street.
Items for Committee action: Accept a 35 mph speed zone recommendation from the
Oregon Department of Transportation on NW Wilkins Street between NW Cornelius Pass
Road and NW 206th Avenue, Consider approval of project prioritization relating to
collected Traffic Impact Fee funds in anticipation of the November 2008 ballot to revise
and expand the County-wide Traffic Impact Fee Ordinance, Consider request by WRG
Design for the use of on-street angled parking along NE Jackson Street for the new
Lincoln Street Elementary grassy play area; Items for discussion: Photo Radar/Photo Red
Light Enforcement, Skateboards and bicycles on the sidewalks downtown. (T. Gibson)
Oregon City
Contact Aleta Froman-Goodrich, Project Engineer (503.496.1570)
Jim Burch, Operations Street Supervisor (503.657.8241)
Kathy Griffin, Administrative Assistant (503.496.1555)
Nancy J.T. Kraushaar, City Engineer/Public Works Director (503.496.1545)
L, tth;/ /bosrds-commiitee~-commi;sir~ns! transportation-
a dvi sor v%h un
Membership There are between seven to nine members in the committee. It is composed of two
members of City-recognized neighborhood associations, one active member of the Oregon
City Chamber of Commerce and the remaining members are at-large. Each member stays
on for a three-year term with terms overlapping. The Mayor appoints each member to the
committee.
Powers and The purpose of the committee is to advise the City Commission, Planning Commission and
Duties Urban Renewal Agency on transportation related matters; guide preparation of
transportation plans and programs, including the Neighborhood Traffic Management Plan.
The Transportation Advisory Committee is an advisory committee tasked with providing
advice and recommendations to the City Commission, Urban Renewal Agency and
Planning Commission on transportation related matters as well as to guide the preparation
of transportation plans and programs.
Recent Agenda Transportation SCD Update- Key Policy Issues #1-8, Linn Avenue speed zone, The Rivers
Topics Project (Kittelson and Associates), McLoughlin Boulevard Improvements- groundbreaking
celebration, Speed Radar Assembly Relocation Policy, Portland-Milwaukie Light rail
project, Downtown Parking Committee, Beavercreek Rd Concept Plan, Holcomb Rd
project, Pardow Rd/Lafayette Avenue Realignment, Transportation SDC Public
Involvement
Gresham
Contact Ron Papsdorf, 503-618-2806
John Dorst, 503-618-2402
htt~r / /~~ww.ci.~nc~sham.or.us /dehart:metits /oc»i/c.~cs /Cou ncil`I".ransporea tionil d~-isar}'Corn
tni.ttee
Membership Committee members are residents of the City of Gresham, owners of real property located in
the city of Gresham or own a business licensed in the City of Gresham. At least one member
shall be disabled and represent the interests of the disabled community and at least four
members shall be active bicycling and walking enthusiasts and represent the interests of the
cycling/pedestrian community.
Powers and CTAC is now called CTAS (Council Transportation Advisory Subcommittee) and placed,
Duties among others, under the umbrella of the Planning Commission. The purpose of CTAC was
to advise the Gresham City Council in the ongoing development of a comprehensive
transportation network that will improve the safety and livability of Gresham. Committee
Functions:
■ Advise the City Council and City staff on transportation and traffic issues, federal,
state and local policies, standards, plans and capital programs.
■ Guide the City Council relating to transportation planning work and public
involvement in transportation programs.
■ Evaluate and research ways to continually improve the transportation system, expand
the bicycle and pedestrian network and improve its safety and accessibility.
■ Review and recommend annual Gresham Transportation Action Plans that identify
objectives, capital priorities and funding opportunities.
■ Serve as the Traffic Safety Commission and assist and advise Council in the research,
development and implementation of traffic safety programs and public education.
• When approved by Council liaison, advocate for transit improvements in East
Multnomah County.
Recent Regner at Cleveland safety concerns, school zone flashers, bus stop locations, intersection
Agenda performance policy, MTIP applications, Safety for crosswalks and school zones, TSP Update
Topics Project Scope and Revised schedule/Bicycle Master Plan, Grant letter of support for 23rd
Street sidewalk infill, Project Updates: Stark Street and Cleveland Street
Tigard City Council Meeting
Study Session
October 28, 2008
City of Tigard Proposed Concepts
For an IGA with Durham, King City and the Tigard Water District
Regarding the Delivery of Water Service
■ Tigard currently has separate agreements with Durham, King City and the Tigard
Water District, and proposes these three agreements be combined into one new
agreement between Tigard and Durham, King City and the Tigard Water
District.
■ The existing agreements expire on December 31, 2018. Tigard is willing to set the
term of the new agreement as perpetual, if all other conditions of the new
agreement are acceptable.
■ The exit terms of the existing agreements establish a formula for determining
proportionate interests in system assets should Durham, King City or the Tigard
Water decide to terminate the agreement. Tigard proposes some of the language
be clarified, but would not support any major policy changes to the existing
language.
■ Tigard proposes the new Comprehensive Plan principles be imbedded into the
new agreement:
- Cities are best equipped to provide governance and urban level services.
Tigard opposes the provision of such services that enable urban level
development outside cities.
- Clear up service boundaries with Tualatin Valley Water District.
AZENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: October 28, 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 of persons who attend
orparticipate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
NAME, ADDRESS & PHONE TOPIC STAFF
Please t CONTACTED
Name-
Also, please spell your name as it sounds, if it will help
the presiding officer pronounce:
Address 1 P7W
city
S C
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
Agenda Item
Meeting Date: October 28, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Appoint Members for Urban ForesnMasterrPlan Citizen Advisory Committee
Prepared By. Todd Prager/Marissa Daniels Dept Head Approval: 1. Qty Mgr Approval:
ISSUE BEFORE THE COUNCIL
Should the City adopt a resolution appointing members to the citizen advisory committee for the Urban Forestry
Master Plan?
STAFF RECOMMENDATION
Staff recommends Council approve the resolution.
KEY FAcrs AND INFORMATION SUMMARY
On June. 3, 2008, Council adopted the Urban Forest section of the Comprehensive Plan (CPA2008-00002).
On August 12, 2008, Council authorized staff to begin implementation of Policy 2.2.11 of the Comprehensive Plan
which states, "'Me.Gtyshall develop and implement a citywide Urban Forestry Management Master Plan."
On October 14, 2008, Council adopted Resolution No. 08-59 which establishes an eleven (11) member citizen advisory
committee to guide the preparation of the Urban Forestry Master Plan. Resolution 08-59 further specifies that the
citizen advisory committee consist of seven (7) Tree Board members, one (1) Homebuilder, and three (3)
Residents/Business Interests At-Large.
The attached Resolution appoints the following individuals to serve on the citizen advisory committee:
Tree Board
1. Janet Gillis (Chair)
2. Rob Callan (Vice Chair)
3. David Walsh (Planning Commission Liaison)
4. Dennis Sizemore
5. Matt Clemo
6. Tony Tycer
7. Vacant (Kandace Horlings Resigned October 16,2008)
Homebuilder
1. Alan DeHarpport (Representative for Home Builder's Association of Metropolitan Portland)
Residents/Business Interests At Lame
1. Morgan Holen (Certified Arborist/Forest Biologist/Participated in Creation of City of Lake Oswego Urban
Forestry Master Plan)
2. Morton Ettelstein (B.S. in Industrial Engineering/M.B.A/Expertise in Public and Private Workforce Planning)
3. Phillip Hickey (Certified Arborist/Registered Consulting Arborist/Participated in Creation of City of Spokane
Urban Forestry Master Plan)
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 appointing members to the Urban Forestry Master Plan Citizen Advisory Committee
FISCAL NOTES
The Urban Forestry Master Plan will be prepared by 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.
Agenda Item # 3,J
Meeting Date October 28, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Resolution Approving Budget Amendment #09-06 to the FY 2008-09 Budget Granting
$11,000 to the Tigard Chamber of Commerce for the Downtown Tree Lighting Celebration. c
Prepared By: Joe Barrett Dept Head Approv City Mgr Approval:
~J(
ISSUE BEFORE THE COUNCIL
Shall the City Council pass a resolution approving Budget Amendment #09-06 increasing appropriations in the
Community Services Program budget to support the Tigard Downtown Tree Lighting Celebration?
STAFF RECOMMENDATION
Approve Budget Amendment #09-06 by passing the attached resolution
KEY FACTS AND INFORMATION SUMMARY
The Tigard Chamber of Commerce has asked the City for help with the Downtown Tigard Tree Lighting Celebration.
This event has grown over the years into a signature event in the community and the cost to hold the event has grown
as well. The event costs roughly $10,000 to stage and there is no charge to the public.
A funding request was brought before the Council during the FY 2008-09 budget process for $7,000. Council denied
the request at that time. Council did identify $1,000 to be set aside for any mid-year funding requests. At the Fifth
Tuesday Council Meeting on September 30, the Tigard Chamber again asked for the Council to financially help with the
Downtown Tree Lighting Celebration with $1,000 of assistance. This budget amendment serves to meet that request.
OTHER ALTERNATIVES CONSIDERED
None.
CITY COUNCIL GOALS
None.
ATTACHMENT LIST
Resolution including Attachment A.
FISCAL NOTES
This resolution transfers $1,000 from the General Fund Contingency to the Community Services Program budget.
Agenda Item # 3.
Meeting Date October 28, 2008
COUNQL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Implement an Information Security Program for the City of Tigard to Comply with Senate Bill
538, the Oregon Identity Theft Protection Act (OITPA2, Fair and Accurate Credit Transactions (FACT) Act of 2003,
and Federal Trade Commission Rules
Prepared By. C Wheatley Dept Head Approval: City Mgr Approval: _
ISSUE BEFORE THE COUNCIL
Consider the proposed resolution outlining an Information Security Program to comply with Senate Bill 538, the
Oregon Identity Theft Protection Act (OITPA) and the Fair and Accurate Credit Transactions (FACT) Act of 2003,
and Federal Trade Commission Rules. The legislation requires municipal utilities to have written procedures in place by
November 1, 2008.
STAFF RECOMMENDATION
Approve the proposed resolution implementing an Information Security Program for the City of Tigard.
KEY FACTS AND INFORMATION SUMMARY
Oregon's law, the Identity Theft Protection Act, specifies direction and expectations to ensure the safety of sensitive
data. The law contains standards to shield Social Security Numbers, notify consumers in case of a security breach, and
safeguard personal identifying information. The Department of Consumer Business Services is charged with enforcing
this law as well as providing educational materials.
Businesses and government agencies are required to develop, implement, and maintain reasonable safeguards to ensure
the security, confidentiality, and integrity of the information. Safeguarding also means properly disposing of
information.
In addition to the Oregon law, the Federal Trade Commission requires the adoption of an identity theft prevention
program for covered accounts, including utility accounts. By November 1, all municipal utilities that provide services
for which payment is deferred until a future date (i.e., water or sewer), need to have written procedures in place to help
protect consumer identity and fight theft of consumer account information. To implement the new regulations, the
Records Division is taking the following steps:
• Obtain Council approval of the initial program
• Ensure oversight of program development, implementation and administration
• Annually report to the Assistant City Manager on the effectiveness of the program, provide an explanation of
"significant events" and recommendations for program changes due to evolving risks and methods of identity
theft
• Train appropriate personnel to implement the program
• Oversee service provider (for example, a vendor hired to perform activities on City utility customer accounts)
arrangements since the "covered entity" is responsible to make sure the provider has and is following a theft
protection plan
The proposed resolution represents the initial security program for the Gtyof Tigard. Records staff will be working in
the coming weeks to compile internal resource information and provide initial program training. Department Directors
will be responsible thereafter to provide training to new departmental employees.
OTHER ALTERNATIVES CONSIDERED
Amend the proposed resolution.
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
1. Proposed resolution
Exhibit A: Information Security Program for the City of Tigard
2. Protecting Penonal Irfomution - A Business Guide (Oregon Identity Theft Protection Act, prepared by the
Department of Consumer & Business Services).
3. League of Oregon Cities Announcement dated September 25, 2008 regarding Identity Theft Protection
Programs and Red Flag Rules
FISCAL NOTES
N/A
I:\ADM\Cathy\PROJEM\ID Theft\AIS for ID Theft Pokydoc
<~4ud~j Coss, tm
CITY OF TIGARD, OREGON o ~
TIGARD CITY COUNCIL
RESOLUTION NO. 08-
A RESOLUTION IMPLEMENTING AN INFORMATION SECURITY PROGRAM FOR THE QTY
OF TIGARD TO COMPLY WITH SENATE BILL 538, THE OREGON IDENTITY THEFT
PROTECTION ACT (OITPA) AND THE FAIR AND ACCURATE CREDIT TRANSACTIONS (FACT)
ACT OF 2003, AND FEDERAL TRADE COMMISSION RULES
WHEREAS, the Oregon Legislature enacted the Oregon Identity Protection Act giving consumers the ability
to place a security freeze on their credit file; and
WHEREAS, the Identity Theft Protection Act contains standards to shield Social Security numbers, notify
consumers should there be a security breach, and safeguard personal identifying information; and
WHEREAS, the federal Fair and Accurate Transactions (FACT] Act of 2003 took effect January 1, 2008)'
requiring entities (including utilities) to establish identity theft prevention programs; and
WHEREAS, the Federal Trade Commission has adopted rules to implement this act; and
WHEREAS, written procedures must identify, detect and respond to possible signals of identity theft known as
Red Flags; and
WHEREAS, the initial written program must be approved bythe governing body. evember1, 2888.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Council hereby adopts the Information Security Program for the City of Tigard
attached hereto as ExhihitA
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This dayof 2008.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
I:\ADM\Cathy\PROJECB\ID Theft\Council Resolution 2008.doc
RESOLUTION NO. 08
-
Page 1
OREGON
D Identity Theft
j Protection Act
Personal Information
l .
a
f i
E t<
4 ,
~M
1
1
ne on WeMM Theft
P W cf n Ad
Collecting and sharing personal data is essential to all
types of businesses, organizations, and government
entities - small and large. Most organizations, whether
public or private, gather consumers' personal identifying
information such as names, addresses, credit card and
Social Security numbers either manually or electroni-
cally (or both) to conduct transactions and better target
their products and services.
However, if this information lands in the wrong hands
it can be exploited by those who commit identity theft.
Identity theft can cause economic havoc to both busi-
ness and the public. According to the Federal Trade
Commission, this crime costs U.S. businesses nearly $48
billion every year. Oregon is ranked the 13th worst in
the nation for identity theft. Identity theft can be
particularly detrimental to businesses that are small with
limited resources.
,ova •,,\t
Oregon has a new law - the Identity Theft Protection
Act - that will give you clear direction and expectations
to ensure the safety of sensitive data. And Oregon
consumers will have more tools to protect themselves
against identity theft by having the ability to place a
security freeze on their credit file.
Your Responsibility...
You can assess and minimize the risks to your
business and to consumers by following the
requirements contained in the Oregon Identity
Theft Protection Act passed in 2007. The law
contains standards to shield Social Security
numbers, notify consumers in case of a security
breach, and safeguard personal identifying
information.
Recognizing that Oregon has a large percentage of
small businesses, the components of the law can be
adapted and implemented whether you have five
employees or 500 employees.
The Department of Consumer and Business Services is
charged with enforcing these new laws as well as
providing educational materials.
i
-
A Social Security number is a person's most unique
means of identification because it never changes.
Unlike other identifying information, a SSN has a
significant role in linking records that contain sensitive
information. This unique factor is what makes a SSN so
valuable to those who commit identity theft. Both the
broad use of this identifier and its value have contributed
to the growth of identity theft and credit fraud.
r
/
000.
J p0-DOO , i
. DOF -
z
Your Responsibility...
The Oregon Identity Theft Protection Act
prohibits individuals, government agencies,
organizations, or businesses from printing Social
Security numbers on any material that is mailed,
unless the recipient has requested it. This does
not apply to records or documents required by
state or federal law such as W2s,1099s, or similar
documents. The law also prohibits printing a
Social Security number on a card used to access
products or services, or publicly posting or
displaying a Social Security number, such as on a
Web site.
Exceptions include records required by state or
federal law; that are used for internal verification
or administrative processes; or that are used to
enforce a judgment or court order.
Other exceptions include:
• Rules adopted by the courts
Copies of records possessed by a court, the State
Court Administrator, or the Secretary of State
Businesses or organizations that use SSNs as an
account identifier should use another means to
identify the consumer's account.
3
The faster a consumer knows their personal identifi-
cation information has been breached, the more
opportunities they have to take precautions to ensure
their information is not being used fraudulently.
Personal information includes a consumer's name in
combination with a Social Security number, Oregon
driver's license or Oregon identification card number,
or a financial, credit, or debit card number along with
a security code or password that would allow someone
to access a consumer's financial account
Your Responsibility...
Those who maintain personal information are
required to notify their customers if computer
files containing that personal information have
been subject to a security breach as soon as
possible in one of the following manners:
• Written notification
• Electronic notice, if this is the customary
means of communication between you and
your customers
• Telephone notice provided that you make direct
contact with the affected consumer
A person or company that maintains or possesses
personal identifying information on behalf of
another is required to immediately notify that
owner or licensee of a security breach.
4
Notification to consumers may be delayed if a law
enforcement agency determines that it will impede a
criminal investigation.
If an investigation into the breach or consultation with
a federal, state or local law enforcement agency
determines there is no reasonable likelihood of
harm to consumers, or if the personal informa-
tion was encrypted or made unreadable,
notification is not required.
`l
Any individual, business, government agency,
or organization that is subject to and complies
with the notification regulations or guidance
adopted under the Gramm-Leach-Bliley Act
meets Oregon's notification requirements.
However, if the breach involves your employees, you
must follow Oregon's notification requirements.
Substitute notice
If you demonstrate that the cost of notifying would
exceed $250,000, that the number of those who need
to be contacted is over 350,000, or if you don't have
the means to sufficiently contact consumers, substitute
notice may be given. Substitute notice consists of
• Conspicuous posting of the notice or a link to the
notice on your Web site if you maintain one, and
• Notifying major statewide Oregon television and
newspaper media.
Notifying consumer reporting agencies
In the event that the security breach affects more
than 1,000 consumers, the responsible person or
organization must report the timing, distribution, and
content of the notice given to the affected consumers
to the three credit reporting agencies (TransUnion,
Equifax, Experian), without unreasonable delay.
5
-
NOW Dada
Consumers appreciate your products and the service
you provide. They also will appreciate the measures
you have in place that effectively protect their personal
identifying information.
Lea Your Responsibility...
The Oregon Identity Theft Protection Act
requires you to develop, implement, and main-
tain reasonable safeguards to ensure the security,
confidentiality, and integrity of the information.
Safeguarding also means properly disposing
of information.
The following steps will assist you in implementing an
information security program that will help minimize
breach risks.
'Assess
Take inventory of all information you
have on computers and files by type
and location. This also includes how your business
receives personal information through Web sites, from
contractors, and others. Be sure you know what sensi-
tive information is stored on laptops, employees' home
computers, flash drives, cell phones, and personal digital
assistants (PDAs).
As part of the assessment, take a look at the effectiveness
of existing security safeguards to see if there are any
foreseeable internal or external risks with your network
or the software used.
6
t
Protect
Lost or stolen paper documents containing
personal identifying information make you
vulnerable to a security breach. The best defense in
securing paper documents, as well as CDs, floppy disks,
zip drives, tapes, and backups, is locking them in a file
cabinet or placing them in a locked room with limited
access. Develop a plan for your employees outlining
procedures to securely store sensitive information,
including if or how devices can be taken off the premises.
And ensure that sensitive information stored on laptops
is encrypted. Use a firewall software to protect your
computer system from attacks.
r Reduce
~f.I i=
~'-f p= l If you don't have a need for certain personal
identifying information, don't keep it. And
don't collect sensitive consumer information, such as a
Social Security number, if it's not a legitimate business
need. If this information does serve a need, design a
record retention plan that outlines what information must
be kept, how to secure it, how long to keep it, and how to
dispose of it securely once you no longer need it.
I
I
Train
a. b.
Make sure employees know what personal
identifying information is, know how
important it is to safeguard it, and know your security
program practices and procedures. Personal information
includes a consumer's name in combination with a Social
Security number, Oregon driver's license or Oregon
identification card number, or a financial, credit, or debit
card number along with a security code or password that
would allow someone to access a consumer's financial
account. Likewise, train your employees on notification
procedures in the event of a security breach.
To help spread the word, designate one or more employ-
ees to coordinate the security program.
Detect
Regularly assess security risks by testing
and monitoring key controls, systems, and
procedures. In addition, look at any risk to your infor-
mation storage whether it is a locking file cabinet or
electronic system. This will help in quickly responding
to any attacks or intrusions.
When selecting outside service providers, know their
capabilities in maintaining appropriate safeguards and
require these safeguards in your contract with them.
Destroy
Protect against any unauthorized access or
use of the personal identifying information
you maintain and no longer need by properly destroying
it. Hard copy records with sensitive information should
be shred, burned, or pulverized. Any electronic records
should be erased in such a way that they cannot be read
or reconstructed.
s
The Oregon Legislature recently passed a law to
encourage the recycling of electronic devices including
desktop and laptop computers. Because you are
responsible for safeguarding any personal identifying
information that may be on an electronic device, you
should first properly dispose of any electronic records
that contain personal identifying information by erasing
or destroying the hard drive or reach an agreement
with the company collecting the equipment that it will
properly dispose of the information before recycling.
klue Dees on Secmng Dam
According to the Oregon Identity Theft Protection
Act, a security program includes the following:
Administrative safeguards
• Designate one or more employees to coordinate
the security program.
• Identify reasonably foreseeable internal and
external risks.
• Assess the sufficiency of safeguards in place to
control the identified risks.
• Train and manage employees in the
security program practices
and procedures.
• Select service providers capable
of maintaining appropriate
safeguards, and require those
safeguards by contract.
• Adjust the security program in
light of business changes or new circumstances.
9
Technical safeguards
• Assess risks in network and software design.
• Assess risks in information processing,
transmission, and storage.
• Detect, prevent, and respond to attacks or
system failures.
• Regularly test and monitor the effectiveness of key
controls, systems, and procedures.
Physical safeguards
• Assess risks of information storage and disposal.
• Detect, prevent, and respond to intrusions.
• Protect against unauthorized access to or use of
personal information during or after the collection,
transportation, and destruction or disposal of
the information.
• Dispose of personal information after it is no
longer needed for business purposes or as required
by local, state, or federal law by burning, pulver-
izing, shredding, or modifying a physical record
and by destroying electronic media so that the
information cannot be read or reconstructed.
Note: Any individual, business, government agency, or
organization that is subject to and complies with data
safeguard regulations or guidance adopted under the
Gramm-Leach-Bliley Act or the Health Insurance
Portability and Accountability Act (HIPAA) does not
need to develop additional processes. However, you
must follow Oregon's requirements to protect your
employees' personal identifying information.
10
Small Business Requirements
Small businesses, defined as 200 or fewer employees
in manufacturing or 50 or fewer employees in other
types of business, comply with the safeguard require-
ments if their information security and disposal
program contains the administrative, technical, and
physical safeguards and disposal measures appropriate
to the business' size and complexity as well as the
nature, scope of its activities, and the sensitivity of the
personal information it collects.
Federal Trade Commission
ww,xJt:c. ()v/inf6security
Department of Homeland Security's National Strategy
to Secure Cyberspace
tiAVVI-., hs.gov/xlil7r~rs,assc:tsltirti~~~
St:rate u,v.odi"
OnGuard Online -
3
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An Option for Consumers
The Oregon Identity Theft Protection Act also provides
consumers with a proactive way to guard their personal
identifying information: a security freeze. Placing a
security freeze on your credit file is an effective deterrent
against identity theft.
All Oregonians may place a security freeze on their
credit file maintained by a credit reporting agency such
as Equifax, Experian, or TransUnion. Once activated,
someone who has fraudulently obtained your personal
identifying information would not be able to gain access
to your credit file. The freeze also prevents lenders and
others from gaining access to your credit report for
review.
Important note: Keep in mind that a security freeze
will not prevent an identity thief from misusing existing
credit cards and credit accounts.
Before you decide to apply an optional freeze
to your credit files, consider whether you `
intend to make a purchase that would require
a look at your credit history. For example, if = "
you plan to buy a cell phone and service, the -
company will need to access your credit files
to finalize the sale.'`„ y t ,
Obtaining a Security Freeze
I
To place a freeze, you must write to each of
the three credit agencies. By law the agencies
will freeze your file within five business days
after receiving your request.
12
Cost
There is no fee if a person is a victim of identity theft or has
reported the theft of their personal identifying informa-
tion to a law enforcement agency. To prove this you must
submit a valid copy of a police incident report or a Federal
Trade Commission Identity Theft Complaint Form.
If you are not an identity theft victim, you still may place
a security freeze but you may have to pay a fee. Each
credit reporting agency may charge a fee of no more than
$10. Therefore if you place a freeze with all three agen-
cies, you will pay a total of $30.
Important note: One security freeze does not cover
everyone in a household. Spouses or partners must freeze
their credit files separately.
Access to Your File under a Freeze
Even if you have a security freeze, some government agen-
cies, law enforcement and courts, and private companies
can still access your credit files. These include companies
you are doing business with; companies to which you owe
money; and collection agencies.
"Thawing" the Freeze
Consumers who place a freeze on their credit report can
temporarily or permanently remove the freeze or "thaw"
their file to apply for new credit. To do so, follow the
procedures in the confirmation letter each credit reporting
agency sent when you first placed your security freeze. A
fee of no more than $10 will be charged by each agency to
lift the freeze. Credit reporting agencies must lift a freeze
within three business days after receiving your request.
For more details on the procedures for placing and
lifting a security freeze and to see sample security
freeze request letters, go to www.dfcs.oregon.gov and
click on Identity Theft.
13
°F o
1859
Contact:
503-378-4140
866-814-9710
www.dfcs.oregon.gov
Click on Identity Theft
440-4117 (2/08/COM)
.4R
Of orelgon
C I `I' I E S
September 25, 2008
City Managers, Administrators, Recorders, Attorneys and Finance Directors,
RE: Identity Theft Prevention Programs/Red Flag Rules
IMMEDIATE ACTION NECESSARY
The League of Oregon Cities is sending out this memorandum to explain the new Federal Trade
Commission (FTC) requirements concerning the adoption of identity theft prevention programs. The
Fair and Accurate Credit Transactions (FACT) Act of 2003 took effect January 1, 2008, but entities
covered by the rule have until November 1, 2008, to implement programs to comply with the rule. The
rule requires creditors (including utilities) to establish identity theft prevention programs for covered
accounts including utility accounts. The final rule requires each financial institution and creditor that
holds any consumer account, or other account for which there is a reasonably foreseeable risk of
identity theft, to develop and implement an Identity Theft Prevention Program to combat identity theft.
By November 1, you will need to have written procedures in place to help protect consumer identity and
fight theft of consumer account information. The procedures must identify, detect and respond to
possible signals of identity theft know as "Red Flags." In addition, the provisions place certain duties
relating to address discrepancies upon the users of consumer reports. The address discrepancy rules
may also apply to your municipality.
The FTC Requirements associated with the adoption of these programs and the address discrepancy
provisions for users of consumer reports may be found in the Federal Register at 72 Fed. Reg. 63771
(codified at 16 C.F.R. Part 681) The full rules, including Part 681 may be found at the following web
address: http://www.ftc.gov/os/fedreg/2007/november/071109redflags.pdf.
The new rules apply to all municipal utilities and other operations that provide a services for which
payment is deferred until a future date. For example, when water, sewer or electricity is provided by a
city and then paid for by the consumer at the end of a billing cycle, the city has extended credit for the
purpose of the FTC rules. The definition of "creditor" in the rules specifically includes "utility
companies" and a "covered account" is defined to include an account that a creditor "offers or
maintains, primarily for personal, family or household purposes, that involves or is designed to permit
multiple payments or transactions, such as a utility account."
The rules outlined in Part 681 provide that each creditor that offers or maintains covered accounts must
develop and implement a written program "that is designed to detect, prevent and mitigate identity
theft in connection with the opening of a covered account or any existing covered account." It is
3 E .
k`.4 i.; o as ie1C?I'€:: fax _ i'f 3': .i:
I
important to note that the program must be appropriate to the size and complexity of your organization
and the nature and scope of your activities. Each municipality must follow the steps set out in the rules
as it develops and adopts a program. Each city, for example, should review its covered accounts and
how those accounts are opened and accessed, and evaluate previous experiences with identity theft.
This will help you to tailor policies to prevent and mitigate identity theft that are appropriate for your
organization.
The initial written programs must be approved by the governing body by November 1, 2008. To
implement the new regulations you must take the following steps:
• Obtain Council approval of the initial program
• Ensure oversight of program development, implementation and administration via the
Council or a senior manager
• Annual report to the Council or senior manager on the effectiveness of the program, an
explanation of "significant events" and recommendations for program changes due to
evolving risks and methods of identity theft
• Train appropriate personnel to implement the program
• Oversee service provider arrangements since the "covered entity" is responsible to
make sure the provider has and is following a theft protection plan
According to our research, experts recommend you conduct a risk assessment to determine exposure.
Factors to consider are:
• Number and type of covered accounts
• Likelihood of damage from identity theft
• Cost and operational burden in tracking Red Flags
• Effectiveness of the Red Flags implemented
• Appropriate response in the event a situation develops
If your city has adopted policies and implemented a program to comply with Oregon's Identity Theft
legislation that passed in 2007, it is possible you may already meet some or all of the requirements of
this bill. Introductory portions of the Red Flag Rules summarize the elements of a program as follows:
The final regulations list the four basic elements that must be included in the program of a
creditor. The program (taken from 72 Fed. Reg. 6372) must contain "reasonable policies and
procedures" to:
• Identify relevant Red Flags for covered accounts and incorporate those Red Flags into
the program;
• Detect Red Flags that have been incorporated into the program;
• Respond appropriately to any Red Flags that are detected to prevent and mitigate
identity theft; and,
'i`^
C"~nn t3 pnS:o- ( it `f a~~~F (~op, , t
• Ensure the Program is updated periodically, to reflect changes in risks to customers or to
the safety and soundness of the creditor from identity theft.
How to address discrepancies: The FACT Act requires several federal agencies (including the FTC) to
issue rules to provide guidance to a user of a consumer report when the user receives a notice of
address discrepancy from a consumer reporting agency. The rules regarding address discrepancies
apply to a municipality if it is a user of a consumer report. For example, the rules would apply to your
city if you request a report from a consumer reporting agency and that agency finds a substantial
difference between the address you provided to the agency and the address the agency has in the
consumer's file. The agency would then provide a "notice of address discrepancy" to you, reporting the
inconsistency between the two addresses.
The policies are to describe reasonable policies and procedures that a user of a consumer report should
employ to determine if it knows the identity of the consumer for whom the report applies, if it receives
a notice of address. It should also include a procedure for reconciling the address of the consumer with
the credit reporting agency, if the user has a continuing relationship with the consumer and in the
regular course of business they furnish information to the agency (72 Fed.Reg.63735).
Other useful links include:
http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt050.shtm
http://ftc.gov/opa/2007/10/redflag.shtm
http://www.ftc.gov/bcp/conline/pubs/buspubs/-safeguards.shtm
http://www.ftc.gov/privacy/privacyinitiatives/safeguards Ir.html
http://www.ftc.gov/privacy/-privacyinitiatives/financial rule Ir.html
We hope this information is helpful.
Jennie Messmer
LOC Member Services Director
Agenda Item # Z, S. a-
Meeting Date October 28, 2008
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Consider Awarding a Contract for the Construction of the Senior Center Garden Room
Prepared By: Brian Racer Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board award the Senior Center Garden Room construction contract to Cedar Mill
Construction and authorize the City Manager to execute the contract?
STAFF RECOMMENDATION
Staff recommends the Local Contract Review Board award the Senior Center Garden Room construction contract to
Cedar Mill Construction.
KEY FACTS AND INFORMATION SUMMARY
■ In 2006 Loaves and Fishes, the Senior Center Site Committee, City staff and the City Council identified Senior
Center improvements. The improvements were ultimately divided into two phases.
■ The initial improvements, completed in June 2008, included constructing a new library room, remodeling the
kitchen and bathrooms, upgrading the loading dock, electrical, interior and exterior lighting, and offices, and re-
striping the parking lot.
■ The second phase of the improvements involves the construction of a single story addition to the back of the
Senior Center. Referred to as the "Garden Room," the addition will feature vinyl flooring, a long work counter,
deep well sink, and many windows to accommodate year-round gardening. The space will also serve as
multipurpose room.
■ The roof of the Garden Room will be tied to the existing second story dining room and will function as a deck
that can be used for outdoor seating.
■ The City advertised the Garden Room project through an Invitation to Bid and received proposals from 14
contractors:
Bidder Bid Amount Bidder Bid Amount
Engineer's Estimate $205,000 Keltec Builders $252,800
Cedar Mill Construction $180,000 Me Pacific $244,500
Centrex Construction $200,000 MV We den $223,500
CM Construction $183,300 Rich Duncan $211,986
Columbia Cascade $187,000 Unican Corporation $219,900
Columbia General Contractors $210,078 Wolf Industries $181,900
First Cascade $214,734 Woodburn Construction $246,600
Interwest Construction $199,725
■ The lowest bid for the project was received from Cedar Mill Construction in the amount of $180,000.
Therefore, staff recommends the Senior Center Garden Room construction project be awarded to Cedar Mill
Construction.
OTHER ALTERNATIVES CONSIDERED
The LCRB could chose not to award this contract to Cedar Mill Construction and could direct staff how to proceed
with Phase II of the Senior Center improvements.
CITY COUNCIL GOALS
None
ATTACHMENT LIST
None
FISCAL NOTES
There is $258,459 budgeted for the Garden Room project in the FY '08-'09 Facilities Capital Improvement Program
Fund. Along with the $180,000 in construction costs, the City will also need to pay for permitting and consulting
services. The remaining $78,459 should be more than sufficient to cover these costs. Staff anticipates the City may
be reimbursed for up to approximately $145,000 of the project costs through a Community Development Block
Grant.
Agenda Item No.
Meeting of 0 ct . P 9, A00 ~
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Contract Award - Construction Documents and Permitting Services for Lower Faring 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 Mary 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 Mary for construction documents and
permitting for Lower Fanno Creek Park. In addition, staff recommends the City Manager be authorized to execute die.
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 Macy 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\Phil\Council Meetings 2008\10-1408 LCRB AIS Contract Award - Construction Document & Permitting Services.doc 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:\LR1'LN\Phi1\Counci1 Meetings 2008\10-1408 LCRB AIS Contract Award - Construction Document & Pemvtting Services.doc 2
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Agenda Item #.,.~o G
Meeting Date October 28, 2008
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Contract Award for Design Services on the Greenburg Road/Highway 99W/Main Street
Intersection Project-Phase 2 p
Prepared By: AP Duenas Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board, by motion, approve a contract award of $598,719.87 to WHPacific, Inc., to
provide design services for Phase 2 of the Greenburg Road/Highway 99W/Main Street intersection Improvement
Project?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve a contract award to WHPacific, Inc., in
the amount of $598,719.87 to complete the design work on the project ready for bids, and authorize an additional
amount of $59,871.99 to be reserved for contingencies and applied as needed as the design project progresses towards
completion. The total amount committed to the project is therefore $658,591.86.00.
KEY FACTS AND INFORMATION SUMMARY
• Phase 1 of the Greenburg Road/Highway 99W/Main Street Intersection was awarded to WHPacific on
November 27, 2007. WHPacific is one of the three engineering consultants under contract with the City to
perform civil engineering design services on an as-required basis. This phase was to bring the design project to
50% completion, and to determine the effort required to complete the project design ready for bid. Phase 1
($349,910.11) was initiated through a work order agreement with the intent for Phase 2 to follow upon
substantial completion of the first phase.
• Phase 2 continues the project design to 100% completion. It will identify and describe all the rights-of-way
needed for the intersection improvements, and provide sufficient documentation to obtain ODOT (Oregon
Department of Transportation) approval of the project design for construction. It takes into account the level
of effort and time needed to obtain those approvals based on experience with the Hall Blvd/99W intersection
project. The ODOT design review process is often lengthy and typically involves numerous submittals and
resubmittals, frequent design review meetings, and preparation of supporting documents to respond to review
comments as part of the process. It includes the effort needed to obtain design exceptions from ODOT, access
management review, design alignment review and retaining wall design costs. This phase also includes pre-bid
and pre-construction services leading to award of a construction contract for the improvements.
• If approved, Phase 2 will also be awarded through another work order agreement in the amount of $598,719.87.
• The original estimate for both phases was $723,931.00 based on the conceptual design provided to the
consultant before the design work began. The actual expenditure to date for Phase 1 is $247,755.00 with
approximately another $10,000 needed to completely finish that phase. The final estimated amount for Phase 1
is therefore $258,000, which is $91,910.11 less than the contract amount. This amount is applied towards Phase
2 resulting in a revised total estimated project design cost of $856,719.87. The estimated amount for Phase 2 is
based on 50% design documents and includes much more detail than originally available prior to
commencement of design.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
"Pursue opportunities to reduce traffic congestion in Tigard."
ATTACHMENT LIST
Project location map
FISCAL NOTES
The contract award will be funded through the City Gas Tax funds specifically established for this project.
$1,150,000 is approved in the FY 2008-09 CIP Budget. This amount is sufficient to award a contract in the amount
of $598,919.87 for Phase 2 of the project, and to reserve an additional amount of $59,871.99 as contingency to be
applied if needed.
is\eng\gus\council agenda summaries\contract award for phase 2-greenburg road-99w-main street design services ais.doc
Cathy Wheatley
From: Gus Duenas
Sent: Monday, October 27, 2008 4:56 PM
To: Councilmail Councilmail; Craig Prosser
Cc: Joanne Bengtson; Tom Coffee; Mike McCarthy; Cathy Wheatley
Subject: Greenburg Road/99W/Main Street Phase 2 Design Contract
Attachments: Agustin P Duenas P E vcf; image001.jpg
Mayor Dirksen and Councilor Nick Wilson requested that the item be pulled from the consent agenda for public
discussion. Mayor Dirksen requested that a representative from ODOT and one from the consultant, WHPacific, be
present to answer questions. Wayne Bauer from WHPacific (the consultant project manager) can come tomorrow night.
Sam Hunaidi from ODOT has not yet responded. If both can make it, we can discuss it at the business meeting
tomorrow. As I mentioned previously, ODOT has not reviewed this project yet. However, they have seen the drawings
and know what will be involved in the approval process. If ODOT cannot, or is reluctant to send a representative at this
short notice, we'll have to reschedule it for the next meeting (November 251h, if it isn't too heavily loaded yet).
I should know by tomorrow and will let you know if an ODOT rep can be present.
Agustin P. Duenas, P.E. `j
I Gi" 41 of Tigard
City Engineer
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Tigard. Oregon 97223
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Cathy Wheatley
From: Nick Wilson [Nick@atlas-la.com]
Sent: Monday, October 27, 2008 1:21 PM
To: Councilmail Councilmail
Cc: Craig Prosser; Gus Duenas
Subject: Consent Agenda for Tomorrow
Attachments: image001.]pg
Gus,
Regarding tomorrow's consent agenda item 3.5c, the Contract Award to WH Pacific for the Greenburg Rd/99
intersection design, I have some questions. The way I figure it, the total anticipated design cost is anticipated to be
about $850,000 for a project anticipated to cost about $4.65 million (from CIP total cost of $5.5 million minus design
cost). That would mean that the design costs are a little over 18% of the construction budget. Isn't that rather
high?
Also it cost about $100,000 less than anticipated to get to 50%. But it appears that it will cost an additional
$200,000 to get the rest of the way. In the Key Facts and Information Summary section, you anticipated the
question as to why, if the first phase was simpler than expected, the second phase will be more complicated. You
cited the additional difficulties of dealing with ODOT: "The ODOT design review process is often lengthy, and
typically involves numerous submittals and re-submittals, frequent design review meetings, and preparation of
supporting documentation to respond to review comments as part of the process. It includes effort needed to obtain
design exceptions from ODOT, access management review..."etc.
We have already levied an ADDITIONAL local-tax on ourselves to pay for an improvement to ODOT's facility
because the taxes that we already send to ODOT is spent elsewhere in the state on facilities that are far less
congested. Then to add insult to injury, it would appear that we are spending an additional $200,000 than it would
otherwise cost us to do this project because of ODOT bureaucracy. Is this a fair statement? It's our money, why
don't they just graciously accept it and get the hell out of the way?
The statement about approval of design exceptions is particularly disturbing. Didn't we just complete a study of the
entire corridor that includes the conceptual design of this intersection? Didn't they direct the entire process? What
exceptions are we talking about?
Nick Wilson
Atlas Landscape Architecture
320 SW 6th Avenue, Ste. 300
Portland, OR 97204
(503) 224-5238
1
Agenda Item #
Meeting Date October 28, 2008
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Amend Contract for Recruitment Services to Include Accounting Su ervis Position
Prepared By: Toe Barrett Dept Head Approval: City Mgr Approval: _
V) - - 04(~
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board approve the award of an amendment to the City's contract with Waldron &
Company to include recruitment services for the vacant Accounting Supervisor position?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board approve this amendment under Tigard Public Contracting
Rule 10.075.B. and further authorize the City Manager to execute an emergency purchase in effort to ensure minimal
disruption to City business.
KEY FACTS AND INFORMATION SUMMARY
The City's Financial Operations Division has been operating with vacancies in three key positions for the past several
months. One of those is the Accounting Supervisor position. A recruitment process for this position was recently
conducted and resulted in the hire of a very qualified applicant. Unfortunately, the individual decided at the last
moment not to accept the position which requires a new recruitment process.
The City entered into an executive recruitment services agreement with Waldron & Company for the Director of
Financial and Information Services and Community Development Director positions. Both recruitments are
progressing in a timely fashion and the City is pleased with the work of Waldron & Company. As such, staff
recommends adding the Accounting Supervisor position to the Waldron & Company agreement in order to expedite
the recruitment and expand the candidate pool.
Under Public Contracting Rule 10.075.13, only the Local Contract Review Board may authorize a contract amendment
in excess of 25% of the original contract. As this addition to the contract of $18,750 is higher than a 25% increase of
the original contract, staff requests the Local Contract Review Board approve the amendment. Staff also requests the
Local Contract Review Board authorize the City Manager to declare this amendment an emergency purchase in order to
minimize disruption of City business due to the number of vacancies in the Financial Operations Division.
OTHER ALTERNATIVES CONSIDERED
None.
CITY COUNCIL GOALS
None.
ATTACHMENT LIST
None.
FISCAL NOTES
The cost of this amendment is $18,750 and will be funded through the salary savings of the Accounting Supervisor
position remaining unfilled through December 2008.
Agenda Item #
Meeting Date 10/28/2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide ZCA2008-00003/Cach Annexation
Prepared By: Gary Pagenstecher Dept Head Approval: ~ City Mgr Approval: i
ISSUE BEFORE THE COUNCIL
Shall City Council approve annexation of two parcels containing 1.43 acres of land (Zone Change Annexation -
ZCA2008-00003) to the City of Tigard?
STAFF RECOMMENDATION
Staff recommends adopting the proposed ordinance annexing the proposed territory to the City of Tigard.
KEY FACTS AND INFORMATION SUMMARY
The proposed annexation includes two (2) parcels totaling 1.43 acres. The parcels are located in the Bull Mountain
area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcels are
contiguous to the City on all sides and constitute an island of unincorporated Washington County territory within
the City.
Tax Lot 101 contains a single-family dwelling and outbuildings; Tax Lot 300 is vacant. The subject property is
gently sloped with sparse trees with significant habitat areas overlaying portions of both parcels. Based only on
property size, the estimated maximum density of the parcels is 10 residential units. Water, sewer, stormwater, street
maintenance, police and fire protection services are available to serve the property if developed to its maximum
density.
Christopher and Sheri Cach, owners of the subject parcels, have petitioned for annexation. Christopher and Sheri
Cach are the only registered voters within the proposed annexation area. Therefore, 100% of property owners and
100% of the registered voters have petitioned for annexation.
The City is authorized by ORS 222.120 to annex contiguous territory when owners of land in the proposed
annexation territory submit a petition to the legislative body of the city. Applicable review criteria, procedures and
policies for the proposed annexation are included in ORS Chapter 222, Metro Code Chapter 3.09, Community
Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal
1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy
10.1 (Non-updated Version).
Key Findings:
1. The proposed territory is an island located within the Tigard City Limits;
2. Urban services are available to serve the subject parcel;
3. The owners of the subject parcels have consented to the annexation;
4. The proposed territory is within Tigard's Urban Growth Boundary and Metro's Urban Growth Boundary; and
5. The proposed territory is within Tigard's Urban Service Area and Area of Interest.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
Attachment 1: Proposed Ordinance Annexing 1.43 Acres
Exhibit A: Legal Description of the Subject Parcels
Exhibit B: Survey Map for Subject Parcels
Exhibit C: Vicinity Map of the Subject Parcels
Exhibit D: Applicant's Petition to Annex
Exhibit E: Staff Report to the City Council dated 10/8/08
FISCAL NOTES
On March 25, 2008 City Council voted to extend the offer of incentives to property owners who voluntarily annex
to the City of Tigard before February, 2009 (Resolution 08-12). The incentives include waiver of the City's
annexation application fee, phasing-in of City property taxes over a period of three years, waiver of the City's
pre-application conference fee, and City payment of the Metro mapping/ filing fee.
If approved, the proposed annexation territory would be transferred to the City's tax roll on July 1, 2009.
Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1.
Cach Annexation
Agenda Item #4 - October 28, 2008
Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures
A copy of the rules of procedure for today's hearing is available at the entrance. The staff report
on this hearing has been available for viewing and downloading on the City's website and a
paper copy of the staff report has been available in the Tigard Public Library for the last seven
days.
The Council's role in this hearing is to make a land use decision under existing laws. The
Council cannot change the law for the land use application now under consideration.
Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try
to limit your remarks to the application standards for the application.
Members of the City Council will be asked whether they have any conflicts of interest. If a
Council member has an actual conflict, the Council member will not participate.
Council members must declare any contacts about this case with a member of the public.
Council members must also declare if they have independent knowledge of relevant facts, such
as from a visit to the site in question. A Council member who describes ex parte contacts or
independent information may still participate in the decision.
After the discussion of conflicts and ex parte contacts, any person may challenge the
participation of a Council member or rebut any statements made. The Council member in
question may respond to such a challenge.
Tonight, City staff will summarize the written staff report. Then the parties requesting
annexation and those in favor of the proposal testify. Next witnesses who oppose the application
or who have questions or concerns testify. If there is opposition or if there are questions, the
proponents can respond to them. The Council members also may ask the staff and the witnesses
questions throughout the hearing until the record closes. After all testimony is taken, including
any rebuttal, the proponents can make a closing statement. After the record is closed, the City
Council will deliberate about what to do with the application. During deliberations, the City
Council may re-open the public portion of the hearing if necessary to receive additional evidence
before making a decision.
You may testify orally or in writing before the close of the public record to preserve your right to
appeal the Council's decision to the Land Use Board of Appeals. You should to raise an issue
clearly enough so that Council understands and can address the issue precludes an appeal on that
issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with
the statement of an earlier witness, please just state that and add any additional points of your
own.
Please refrain from disruptive demonstrations. Comments from the audience will not be part of
the record. The point is, come to the microphone to get your comments on the tape, otherwise,
they won't be preserved for appeal.
When you are called to testify, please come forward to the table. Please begin your testimony by
giving your name, spelling your last name, and give your full mailing address including zip code.
If you represent someone else, please say so. If you have any exhibits you want us to consider,
such as a copy of your testimony, photographs, petitions, or other documents or physical
evidence, at the close of your comments you must hand all new exhibits to the City Recorder
who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal
opportunities expire, and then you can ask them to return your exhibits.
I:\ADM\Cathy\CCA\quasi judicial rules of procedure\Rules of Procedure - City Attorney Q.I Statement - Cach Annexation - October 28,
2008.doc
AGENDA ITEM No. 4 Date: October 28, 2008
PUBLIC HEARING
(QUASI-JUDICIAL)
TESTIMONY
SIGN- UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
ZONE CHANGE ANNEXATION/
(ZC"'A) 2008-00003
CACH XATION
REQUEST: The applicant's requests approval to annex two (2) parcels totaling 1.43 acres to the City
of Tigard. The proposed annexation does not include any development plans. The subject property is
an island of unincorporated land surrounded by the City of Tigard, with land owned by the City on the
west and south and private land on the north and east. LOCATION: 15170 SW Sunrise Lane;
Washington County Tax Map 2S 105DC, Tax Lots 00101 and 00300. COUNTY ZONE: R-6
District Residential 6 Units Per Acre The purpose of the Washington County R-6 District is to
implement the policies of the Comprehensive Plan for areas designated for residential development at
no more than six (6) units per acre and no less than five (5) units per acre, except as specified by
Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunityfor more
flexibilityin development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7:
Medium-Density Residential District. The City of Tigard R 7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or without accessory
residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of
10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and
institutional uses are also permitted conditionally.
Due to Time Constmints
City Council May Impose
A Time 'Limit on Testimony
I/ADM/Cathy/CCSignup/QJPM81028
AGENDA ITEM No. 4 Date: October 28, 2008
PLEASE PRINT
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.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Agenda Item #
Meeting Date October 28, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title: Finalization of Sanita Sewer Reimbursement District No. 38 SW Fairhaven Street
Prepared By: Greg Berry Dept Head Approval: ~G- City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Finalize Sanitary Sewer Reimbursement District No. 38, established to construct sanitary sewers in SW Fairhaven Street.
STAFF RECOMMENDATION
Approve, by motion, the proposed resolution finalizing Reimbursement District No. 38 as modified by the Final City
Engineer's Report.
KEY FACTS AND INFORMATION SUMMARY
• Council approved the formation of Reimbursement District No. 38 by Resolution No. 08-05 on February 12,
2008 following an informational hearing. Since then, construction of the improvements has been completed
and final costs have been determined. The final actual cost of the project is $245,653, which is less than the
$392,540 originally estimated. The difference between the estimated and actual costs is primarily in the result of
the contract award amount for construction being less than estimated. The City Engineer's Report has been
revised accordingly. On October 10, 2008, notices of the hearing to finalize the district were mailed to owners
within the district. No responses to the notices were received.
• This Reimbursement District installed sewer service to 22 lots along SW Fairhaven Street from SW 110`h
Avenue to SW 115`'' Avenue. The property owners must reimburse the City for a fair share of the cost of the
public sewer at the time of connection to the sewer. In addition, each property owner must pay a connection
fee, currently $3,135, and is responsible for disconnecting the existing septic system according to County rules
and any other plumbing modifications necessary to connect to the public line. The sewer connections are
available should property owners need to connect. Owners will not be required to pay any fee until they
connect to the sewer.
• Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included
in the Final City Engineer's Report attached as Exhibit A to the proposed resolution.
• If Council approves this request to finalize the Reimbursement District, owners within the district will be
notified that the sewer is available for connection.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
The proposed Reimbursement District furthers Goal No. 2, Complete the update the Comprehensive Plan, by
providing areas with septic systems with sewer service as required by the Plan.
ATTACHMENT LIST
Attachment 1- Proposed Resolution
Exhibit A, Final City Engineer's Report
Exhibit B, Map
Attachment 2- Resolution No. 08-05 with Exhibits A, B (8 pages)
Attachment 3- Vicinity Map
Attachment 4- Notice to Owners
Attachment 5- Mailing List
Attachment 6- Resolution No. 01-46
Attachment 7- Resolution No. 03-55
FISCAL NOTES
The contract for construction of this project was awarded by City Council on March 25, 2008. The cost of constructing
the downstream portion of the line across private property to the existing sewer was not allocated to the reimbursement
district. The awarded contract included $217,588.80 for completion of the sewer lines to be paid by the district and
$59,904.00 for the downstream portion for a total of $277,492.80. The largest changes to the work quantities as bid
included $1,968 for additional cleanouts at service connections and a deduction of $2,750 for the deletion of a bid item
to remove a portion of an existing storm drain. The final cost of constructing the portion of the project to be paid by
the reimbursement district is $216,434.
The final actual cost of the project is $245,653. This amount includes the final cost of construction, $216,434, plus
$29,219 for administration and engineering as defined in TMC 13.09.040(1).
The project was originally estimated to have a total cost of $392,540. The lesser actual cost was largely the result of the
contract award amount for construction being less than estimated.
The portion of the final costs assigned to each owner is tabulated in Exhibit A of the attached proposed resolution.
The cost to each owner under the Incentive Program established by Resolution No. 01-46 is also shown.
Funding is by unrestricted sanitary sewer funds.
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FAIRHAVEN STREET-REIMBURSEMENT DIST NO. 38
FY 2007-08 SANITARY SEWER EXTENSION PROGRAM
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Attachment 2
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08- 05
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38
(SW FAIRHAVEN STREET)
WHEREAS, die City has initiated the Neighborhood Sewer Extension Program fb extend public sewers and
recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 38 (SW Fairhaven
Street) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was
conducted in accordance with TMC 13.09.050 ; and
WHEREAS, die City Engineer has submitted a report describing the improvements, the area to be included in
the Reimbursement District, die estimated costs, a method for spreading the cost among the parcels within die
District, and a recommendation for an annual fee adjustment-, and
WHEREAS, die City Council has determined that the formation of a Reimbursement District as recommended
by tie City Engineer is appropriate.
NOW, THEREFORE, BE IT RESOLVED by tie Tigard City Council that:
SECTION 1: The City Engineer's report tided "Sanitary Sewer Reimbursement District No. 38," attached
hereto as Exhibit A, is hereby approved.
SECTION 2: A Reimbursement District is hereby established in accordance widi TMC Chapter 13.09. The
District shall be the area shown and described in Exhibit B. The District shall be lmown as
"Sanitary Sewer Reimbursement District No. 38."
SECTION 3: Payment of the reimbursement fee, as shown in Exlhibit A, is a precondition of receiving City
peLmits applicable to development of each parcel within the Reimbursement District as
provided for in TMC 13.09.110.
SECTION 4: An annual fee adjustment,, at a rate recommended by the Finance Director, shall be applied to
the Reimbursement Fee.
SECTION 5: The City Recorder shall cause a copy of this resolution to be filed in the office of the County
Recorder and shall mail a copy of this resolution to all affected property owners at dieir last
la-lown address, in accordance with TMC 13.09.090.
SECTION 6: This resolution is effective immediately upon passage.
RESOLUTION NO. 08 - 05
Page 1
f4L
PASSED: This J day of -e ZOOS.
i ~
r
Ma r City of Tigard
ATTEST:
rLQ
City Recorder - City of Tigard
1.%cnonn7-"w ly dp slaw- v mWftmement dLVJW0nnalJaM=-O8 mtm du 7E ms.doe
-
RESOLUTION NO. 08
Page 2
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 38
(SW Fairhaven Street)
Background
This project will be constructed and funded under the City of Tigard Neighborhood Sewer
Extension Program (NSEP). Under the program, the City of Tigard would install public
sewers to each lot within the project area. At the time the property owner connects to the
sewer, the owner would pay a connection fee, currently $2,835, and reimburse the City for a
fair share of the cost of the public sewer. There is no requirement to connect to the sewer
or pay any fee until connection is made. In addition, property owners are responsible for
disconnecting their existing septic systems according to Washington County rules and for
any other modifications necessary to connect to the public sewer.
Project Area - Zone of Benefit
Serving the 22 lots in die following table will require the connection to an existing sewer
along a creel: west of SW 110th Avenue. Lines from the existing sewer will be extended east
to serve three lots along SW 110th Avenue and west to SW 115th Avenue to serve 19 lots.
Although die proposed sewer passes along the frontage of 13575 and 13615 SW 115th
Avenue, these two lots are not included in the proposed Reimbursement District. The
house at :13575 SW 115th Avenue is currently connected to a sewer at the back lot line and a
permit has been issued for the connection of 13615 SW 115th Avenue to the line as well.
The proposed project would provide sewer service to a total of 22 lots within the proposed
reimbursement district as shown on Exhibit Map B.
Cost
The portion of sewers nearest to due connection to the existing sewer passes through areas
to the east and west where services are not provided. The estimated cost of $120,027 for
this portion of die sewer is not proposed to be allocated to the Reimbursement District.
The estimated construction cost for the remaining portion of the sanitary sewer to provide
service to the 22 lots is $300,739. Engineering and inspection fees amount to $46,690
(13.5%) as defined in TIVIC 13.09.040(1). The estimated total project cost is $392,540. This
is the estimated amount tlhat should be reimbursed to the sanitary sewer fund as properties
connect to the sewer and pay their fair share of tie total amount. However, die actual
amount that each property owner pays is subject to the City's incentive program for early
connections.
In addition to sharing the cost of the public sewer line, each property= owner will be required
to pay a connection and inspection fee, currently $2,835, upon connection to the public lie.
ExhibitA Page I of4
I
All owners will be responsible for all plumbing costs required for work done on private
property.
Reimbursement Rate
Eighteen of the properties within the district are zoned R-3.5 while four of the properties,
west of SW 1141h Avenue, are zoned R-4.5. The lots are similarly developed but vary in size
from about 15,000 to 17,000 square feet as can be seen in the following list of lots.
Therefore, it is recommended that the total cost of the project be divided among the
properties proportional to the square footage of each property.
Other reimbursement methods include dividing the cost equally among the owners or by the
length of frontage of each property. These methods are not recommended because there is
no correlation between these methods and the cost of providing service to each lot or the
benefit to each lot.
Each property owner's estimated fair share of the public sewer line is $1.13653134 per
square foot of lot served. Each owner's fair share would be limited to $6,000, to the
extent that it does not exceed $15,000, for connections completed within three years
of City Council approval of the final City Engineer's Report following construction in
accordance with Resolution No. 01-46 (attached). In addition to paying for the first
$6,000, owners will remain responsible for paying all actual costs that exceed $15,000.
Upon request, payment of costs that exceed $15,000 may be deferred until the lot is
developed, as provided by Resolution No. 03-55 (attached).
Annual Fee Adjustment
TMC 13.09.115 states that an annual percentage rate shall be applied to each property
owner's fair share of the sewer line costs on the anniversary date of the reimbursement
agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City
of Tigard Resolution No. 98-22.
Recommendation
It is recommended that a reimbursement district be formed with an annual fee increase as
indicated above and that die reimbursement district continue for fifteen years as provided in
Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after die formation of the
reimbursement district, properties connecting to the sewer would no. longer be required to
pay the reimbursement fee.
Submitted January 29, 2008
tin P. Duenas, P.E.
City -ngineer
Exhibit A Pa-e 2 of 4
FAIRHAVEN STREET DISTRICT NO. 38
Estimated Cost to Property Owners
January 2B, 2008
ESTIMATED AMOUNT THAT
OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) AREA (AC) ESTIMATED AMOUNT TO BE PAID AMOUNT TO BE PAID CAN BE
REIMBURSEMENT FEE BY OWNER BY CITY DEFERRED BY
OWNER
1 ADKINS, KATHRYN J TR 11305 SW FAIRHAVEN ST 2S103D000815 15554.52 0.357 517,678 58,678 59,000 52,678
2 BURMAN, RAYMOND N & JUDY L 11225 SW FAIRHAVEN ST 2S103D000817 16997.32 0.390 S19.318 510,318 $9,000 54,318
3 CUMMINS, ROBERT J & DIANE G 11310 SW FAIRHAVEN 2S103D000822 15836.29 0.364 517,998 $8,998 $9,000 52,998
4 GRANT, JOHN & KRISTEN 11270 SW FAIRHAVEN CT 2S103D000820 16982.90 0.390 519,302 570,302 59,000 $4.302
5 GUSTAFSON, JOHN A & MARY P 11445 SW FAIRHAVEN ST 2S103D000804 15016.00 0.345 $17,086 58,066 $9,000 52,066
6 HALDORSON, LELAND K 11250 SW FAIRHAVEN CT 2S103D000819 16723.11 0.384 519,008 $10,006 $9,000 54,006
7 HAMILTON, LARRY D & MARY JO 11290 SW FAIRHAVEN CT 2S1030000821 16889.16 0.388 $19,195 $10,195 59,000 S4,195
8 HANSEN, LAURENCE LEE 10965 SW FAIRHAVEN ST 2S103D000409 16588.65 0.380 $18,831 $9,831 59,000 $3,831
9 HOEFER, ROLAND ISH & ALTA L 13575 SW 114TH AVE 2S103D000811 15003.04 0.344 $17,051 $8.051 $9,000 $2,051
10 KAKESAKO, RANDALL M & KATHLEEN N 13635 SW 114TH AVE 2S103D000808 15003.03 0.344 $17,051 58,051 $9,000 $2,051
11 KLUMP, KENNETH B 11345 SW FAIRHAVEN ST 2S103D000814 15555.00 0.357 517,679 $8.679 $9,000 $2.679
12 JAMES, SUZANNE 11415 SW FAIRHAVEN ST 2S103D000805 15014.47 0.345 $17,064 $8,064 $9,000 $2,064
13 MBOUSYA. LUC RENE & DELPHINE AU 13655 SW 115TH AVE 2S103CD00500 15063.98 0.346 $17,121 $8,121 $9,000 $2121
14 MCCOLL, LEE & NANCY L 11265 SW FAIRHAVEN ST 2SI03D000816 15558.05 0.357 $17,682 $8,682 $9,000 $2,682
15 MELLA. JOSE LUIS ESPINO & AMY ESPINO 10960 SW FAIRHAVEN ST 251030000410 15426.27 0.354 S17,532 $6,532 59,000 $2,532
16 MILLS, ROBERT W & [RENE C 13530 SW 115TH AVE 2SI03D000803 15016.79 0.345 S17,067 $8,087 S9,000 52,067
17 MORALES, SADIE C & RAYMOND K 13620 SW 110TH AVE 2S103D000411 17293.12 0.397 $19,654 $10.654 59,000 $4,654
18 RIVERA, EUSEBIO E & SHIRETTA 13610 SW 115TH AVE 2S103D000807 15003.04 0.344 $17,051 $8.051 59,000 52,051
19 SICKLES. DANIEL J 13670 SW 114TH AVE 2S103D000810 15003.79 0.344 517,052 $8,052 $9,000 $2,052
20 STREALY, GARY C 11230 SW FAIRHAVEN ST 2S103D000818 15859.36 0.364 $18,025 $9,025 $9,000 $3,025
21 TOPF, PAUL J & CHRISTA M 11385 SW FAIRHAVEN ST 2S103D000806 15012.93 0.345 S17,063 $8,063 59,000 S2,063
22 WATANABE, FREDERIC H 13630 SW 114TH 2S103D000809 15003.04 0.344 $17,051 $8,051 59,000 $2,051
Totals 345384 7.93 $392,540 $194,540 $198,000 $62,540
Except for the amount of $9,000 to be paid by the City, all the fees are estimated at this time. The final fee to be paid by each
property owner will be determined once the construction is complete and final costs are recalculated to reflect actual project
costs. The final fee will be specified in the City Engineers report, which will be submitted to City Council for approval upon
completion of the construction.
The amount that each owner will be required to pay is limited to $6,000.00 for connections completed within three years of City
Council approval of the final cost.
In addition to $6,000, owners will also be required to pay any fair share amounts that exceed $15,000.00. The reimbursement
fee of $9,000.00 (the difference between $15,000.00 and $6,000.00) would be paid by the City if connections are made within
the first three-year (the fee is shown In the "Amount to be paid by the City" column). Consequently, the total estimated amount
responsible by each property owner is shown under the "Estimated Amount to be paid by Owne' column. However, payment of
the amount in excess of $15,000.00 may be deferred until the owners lot is developed.
Owners will also be required to pay a connection fee, currently $2,835.00, at the time of connection to the public sewer. In
addition, owners are responsible for disconnecting their existing septic systems according to Washington County rules and for
any other modifications necessary to connect to the public sewer. Owners are not required to pay any fees until they decide to
connect.
Ref: Resolutions 01-46 and 03-55
PAGE 3 OF 4
FAIRHAVEN STREET DISTRICT NO. 38-
Estimated Cost to Property Owners
Summary
January 28, 2008
Portion of total estimated construction cost
_ allocated to the reimbursement district $_3.00,739 _
15% contingency (construction) $45,111
Estimated construction subtotal $345,850
- 13.5% contingency (Admin & Eng) $46,690
Total project costs $392,540
Total area to be served (S.F.) 345,384
Total estimated cost per S.F. to property owner $1.13653134
PAGE 4OF4
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FY 2007-08 SANITARY SEWER EXTENSION PROGRAM
A PORTION OF THE SW 1 /4 SECTION 3 T2S R1 W W.M.
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Attachment 3
FAIRHAVEN STREET-REIMBURSEMENT DIST NO. 38
FY 2007-08 SANITARY SEWER EXTENSION PROGRAM
A PORTION OF THE SW 1 /4 SECTION 3 T2S R1 W W.M.
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Attachment 4
October 10, 2008 Tt,=;
`u A
City of Tigard
NOTICE
of
PUBLIC HEARING
Tuesday, October 28, 2008
7:30 PM
Tigard Civic Center
Town Hall
The following will be considered by the Tigard City Council on October 28, 2008, at 7:30
pm at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both
public oral and written testimony is invited. The public hearing on this matter will be
conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further
information may be obtained from the Capital Construction and Transportation Division at
13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468.
INFORMATIONAL PUBLIC HEARING:
FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38
(SW Fairhaven Street). The Tigard City Council will conduct a public hearing to hear
testimony on the finalization of Sanitary Sewer Reimbursement District No. 38 formed to
install sewers in SW Fairhaven Street.
Each property owner's recommended fair share of the public sewer line is $0.71124645 per
square foot of the lot served as shown on the enclosed list. For owners with a fair share
amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections
completed within three years of City Council approval of the final City Engineer's Report
following construction in accordance with Resolution No. 01- 46. In addition to paying for
the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000.
Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed
as provided by Resolution No. 03-55.
0ang0007.2008 ty clpVelrhaven ss reimbursement Elst # 38 8 110th disc # 43Vinelintionkeim tllst notice 3.doc
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 0 www.tigard-or.gov
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Attachment 5
2S103D000815 2S103D000817
ADKINS, KATHRYN J TR BURMAN, RAYMOND N & JUDY L
11305 SW FAIRHAVEN ST 11225 SW FAIRHAVEN ST
TIGARD OR 97223 TIGARD OR 97223
2S103D000822 2S103D000820
CUMMINS, ROBERT J & DIANE G GRANT, JOHN III & KRISTEN
11310 SW FAIRHAVEN 11270 SW FAIRHAVEN CT
TIGARD OR 97223 TIGARD OR 97223
2S103D000804 2S103D000819
TORRES, HARVEY & JANET HALDORSON, LELAND K
11445 SW FAIRHAVEN ST 11250 SW FAIRHAVEN CT
TIGARD OR 97223 TIGARD OR 97223
2S103D000821 2S103DD0049
HAMILTON, LARRY D & MARY JO HANSEN, LAURENCE LEE
11290 SW FAIRHAVEN CT 10965 SW FAIRHAVEN ST
TIGARD OR 97223 TIGARD OR 97223
2S103D000811 2S103D000808
HOEFER, ROLAND ISH & ALTA L KAKESAKO, RANDALL M & KATHLEEN N
13675 SW 114TH AVE 13635 SW 114TH AVE
TIGARD OR 97223 TIGARD OR 97223
2S103DO00814 2S103D000805
KLUMP, KENNETH B JAMES, SUZANNE
11345 SW FAIRHAVEN ST 11415 SW FAIRHAVEN ST
TIGARD OR 97223 TIGARD OR 97223
2S103CD00500 2S103D000816
MBOUSYA, LUE RENE & DELPHINE AU MCCOLL, LEE & NANCY L
13655 SW 115TH AVE 11265 SW FAIRHAVEN ST
TIGARD OR 97223 TIGARD OR 97223
2S103DD00410 2S103D000803
MELLA, JOSE LUIS ESPINO & AMY ESPINO MILLS, ROBERT W & IRENE C
10960 SW FAIRHAVEN ST 13530 SW 115TH AVE
TIGARD OR 97223 TIGARD OR 97223
2S103DD00411 2S103D000807
MORALES, SADIE C & RAYMOND K RIVERA, EUSEBIO E & SHIRE'I IA
13620 SW 110TH AVE 13 610 SW 115TH A V E
TIGARD OR 97223 TIGARD OR 97223
2S103DO00810 2S103D000818
SICKI ES, DANIEL J STREALY, GARY C
12437 SW HALL BLVD #8 11200 SW FAIRHAVEN ST
TIGARD OR 97223 TIGARD OR 97223
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Attachment 6
CITY OF TIGARD, OREGON
RESOLUTION NO. 01- 41 tP
A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED
AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE
PROGRAM
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement
District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer.
The program was offered for a two-year period after which the program would be evaluated for
continuation; and
WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement
District Incentive Program an additional two years-through Resolution No. 00-60; and
WHEREAS, City Council finds that residential areas that remain without sewer service should be provided
with service within five years; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners to promptly connect to sewers once service is available and that owners who have paid for service
provided by previously established districts of the Neighborhood Sewer Extension Program should receive
the benefits of the additional incentives.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District
Incentive Program is hereby repealed
SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer
Extension Program. This incentive program shall apply to sewer connections provided
through the sewer reimbursement districts shown on the attached Table 1 or established
thereafter. All connections qualifying under this program must be completed within
three years after Council approval of the final City Engineer's Report following a
public hearing conducted in accordance with TMC Section 13.09.105 or by two years
from the date this resolution is passed, which ever is later, as shown on the attached
Table 1.
SECTION 3: To the extent that the reimbursement fee determined in accordance with Section
13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot
zoned single family residential shall not exceed $6,000 per connection, provided that the
lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be
reimbursed by the owner. This applies only to the reimbursement fee for the sewer
installation and not to the connection fee; which is still payable upon application for
RESOLUTION NO.01-~
Page 1
sewer connection.
SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions
of this incentive program. Residential lot owners who do not connect to sewer in
accordance with Section 2 shall pay the full reimbursement amount as determined by the
final City Engineer's Report.
SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is
entitled to reimbursement from the City. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. The Finance Director shall make payment to all
persons entitled to the refund no later than August 31, 2001.
SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer
Reimbursement District Program, shall provide the funding for the installation costs
over $6,000 up to a maximum of $15,000 per connection.
EFFECTIVE DATE: July 10, 2001
PASSED: This r d - day of 2001.
ayor Ci of 'and
ATTEST:
Recorder - City of and
1ACiWMde\Res\Reso1udon Revising the Neighbortwod Sewer hicenbve Program
RESOLUTION NO.01-Ytt
Page 2
TABLE 1
Reimbursement Districts with Refunds Available
DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS
TIGARD ST.No.8 5,193 No reimbursement available
FAIRHAVEN STMIYNo.9 4,506 No reimbursement available
HILLVIEW ST No.11 8,000 July 11, 2003
10671 & JOHNSON No.12 5,598 No reimbursement available
1007" & INEZ No.13 8.000 July 11,2003
WALNUT & TIEDEMAN No. 14 8,000 July 11,2003
BEVELAND&HERMOSA No.15 5,036 No reimbursement available
DELMONTE No.16 8,000 July 11,2003
O'MARA No.17 8,000 July 11,2003
WALNUT & 121 -5T No.15 - Amount to be reimbur3ed will be Throe years from corviCe avalability
ROSE VISTA No20 determined once final costs are determined.
Currently being constructed
Attachment 7
CITY OF TIGARD, OREGON
RESOLUTION NO. 03-55
A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD
SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46).
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood
Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to
connect to public sewer within three-years following construction of sewers; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners of large lots to promptly connect to sewers once service is available.
NOW, THEREFORE, BE IT RESOLVED by-the Tigard City Council that:
SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose
reimbursement fee exceeds $15,000 and wishes to connect a single family home or
duplex to a sewer constructed through a reimbursement district may defer payment of
the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of
Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance
with a land use permit. The land use permit shall not be issued until payment of the
deferred amount is made. The Annual Fee Adjustment required by TMC Section
13.09.115 shall not apply to payment of this deferred amount.
SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the
three-year period for connection, and have not connected to sewer can connect the
existing stmctur-e,-pay--a-reimbursement fee-of-$6;000,, and-defer payment-of the--portion
of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed
within one year after the effective date of this resolution.
SECTION 3: Vacant lots improved with a single family home or duplex during the term of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay
$6,000 if the fee exceeds that amount, and may defer payment of the portion of the
reimbursement fee that exceeds $15,000 as provided by Section 1.
SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay
a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time
of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall
not apply to payments made under this section.
SECTION 5: The owner of any lot for which deferred payment is requested must enter into an
agreement with the City, on a form prepared by the City Engineer, acknowledging the
RESOLUTION NO. 03- 5!5
Page 1
owner's and owner's successors obligation to pay the deferred amount as described in
Section 1. The City Recorder shall cause the agreement to be filed in the office of the
County Recorder to provide notice to potential purchasers of the lot. The recording will
not create a lien. Failure to make such a recording shall not affect the obligation to pay
the deferred amount.
SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the
portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for
that amount from the City upon request. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. Any person requesting a refund must sign an
agreement similar to that described in Section 5 acknowledging the obligation to pay the
refunded amount upon partitioning or developing the lot.
SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood
Sewer Reimbursement District Program and shall provide the funding for the installation
costs over $6,000 up to a maximum of $15,000 per connection and for any deferred
payment permitted by this resolution.
SECTION 8: This resolution is effective immediately upon passage.
r~
PASSED: This day of Q,'+o&-ji- 2003.
city of T-igffd
Craig E. Dirksen, Council President
ATTEST:
City Recorder - City of Tigard
L1er"mgVeknb senml 0%r1asW&k% s ms 01-46 aug 20 Mcl 14 03 sw~1110-14-W addition to m 146n dx
RESOLUTION NO. 03- 55
Page 2
Reimbursement District No. 38
Fairhaven St.
Finalization of Sanitary Sewer
Reimbursement District No. 38
~(Fairhaven St.) 22 lots in
1
the district
October 28, 2008:
Reimbursement District No. 38 Rebursement District No. 38
District includes sewer service to 22 lots The portion of the project without connections
is not included in the District
Project is completed and sewer can be Estimated construction cost range for entire
made available to the lots project prior to bid: $378,000 to $462,000
District formed through Resolution No. 8 responsive bidders with good competition
08-05 Contract award: $277,493
Reimbursement District No. 38 Reimbursement District No. 38
Costs
❖ Portion of project included in the District Total Project Cost: $245,653
Contract award: $217,589 •e Final actual construction cost: $216,434.40
-The final construction cost based on actual 13.5% administrative and engineering costs:
work quantities: $216,434 $29,219
Final construction cost is approximately 0.5% o Reimbursement Fee (Per Owner)
less than the contract award amount 22 lots served
• Total area served: 345,384 square feet
A$0.71124645 per square foot of lot served
Reimbursement District 38 (Fairhaven St.) 1
Reimbursement District No. 38 Reimbursement District No. 38
Incentive Program Additional Owner Costs
Reduced to $6,000 to the extent that it does not Each owner pays the following:
exceed $15,000 if connection is made within A$3,135 connection and inspection fec which funds
three years after service becomes available treatment facility construction
Upon request, amounts over $15,000 may be ♦ $50 (average) service charge per two months for
deferred until development occurs operation and maintenance of the entire system
If all 22 lots connect within three years and AM costs to connect to the lateral installed through
request deferrals, the property owners would pay this project
$132,000 and the City $113,653
P
Staff Recommendation
That Council pass the resolution finalizing
Reimbursement District No. 38
(Fairhaven St.)
❖ Sewer will be made available upon
passage of the resolution
•
Reimbursement District 38 (Fairhaven St.) 2
Agenda Item No. 5 Date: October 28, 2008
TESTIMONY
SIGN- UP SHEET
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING
(INFORMATIONAL)
CONSIDER A RESOLU'T'ION
FINALIZING SANITARY
SEWER REIMBURSEMENT
DISTRICT NO. 38 - FAIRHAVEN ST.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
Agenda Item No. 5 Date: October 28, 2008
PLEASE PRINT
Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
'<gOd (Vt'~ -7-)a3
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
(5 harp r) Cu r
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Agenda Item # 6
Meeting Date October 28, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Public Hearing for Comprehensive Plan Amendment CPA2008-00009 - Update the
Comprehensive Plan Introduction and add a Glossary of Key Definitions
Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval: d
ISSUE BEFORE THE COUNCIL
Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment
(CPA2008-00009) to update the Comprehensive Plan Introduction and add a Glossary of key definitions?
STAFF RECOMMENDATION
Approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan Amendment to
update the Comprehensive Plan Introduction and add a Glossary of key definitions.
KEY FACTS AND INFORMATION SUMMARY
The proposed Introduction and Glossary included in the amendment is a result of Council's direction to complete a full
update of the Tigard Comprehensive Plan. 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 (Attachment 3).
Subsequently, the Planning Commission held a public hearing on September 15, 2008. The Commission recommended
the Council adopt the updated chapter (Exhibit A) 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
periodically update their plans to reflect current conditions, regulations, and information relating to the Oregon
1:\L.RPLN\Council Materials\2008\10-28-08 CC Flearing CPA2008-00009 AIS.doc 1
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.
OTHER ALTERNATIVES CONSIDERED
1. Modify the Planning Commission recommendation and adopt CPA2008-00009.
2. 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 2008-00009
Exhibit A: Tigard Comprehensive Plan Amendment (Introduction and Glossary)
Attachment 2: Memo to City Council - October 15, 2008
Attachment 3: Staff Report to the Planning Commission
Attachment 4: Memo to Planning Commission - September 8, 2008
Attachment 5: Planning Commission Minutes - September 15, 2008
FISCAL NOTES
N/A
1:\LRPLN\Council Materials\2008\10-28-08 CC Hearing CPA2008-00009 AIS.doc 2
Attachment 2
City of Tigard
Memorandum
To: City Council
From: Ron Bunch, Assistant Community Development Director
Marissa Daniels, Assistant Planner
Re: Comprehensive Plan Definitions
Date: October 15, 2008
On October 14, 2008 Council held a workshop to review the Comprehensive Plan Introduction and
Glossary (CPA 2008-00009). The Council did not request any changes be made to the Introduction,
but identified a number of terms in the Glossary for staff to revisit. Below are the definitions that
were reviewed with any changes made. A short commentary to explain the change is also included.
Active Recreation - See the T4gard Community Development Code Chapter . Active
recreation refers to physical participation in activities involving games, sporting events or similar
activities which often require specific constructed facilities to accommodate the activity such as
sporting fields, courts, aquatic facilities, buildings, etc. Active recreation may also include
unstructured play or other leisure activities requiring facilities such as playgrounds, dog play areas,
skate parks, etc.
Staff Commentary: Council requested that terms which are defined specifically in the Development Code be
defined more generally here in the Comprehensive Plan Glossary.
Active Recreation Facilities - These are public or private facilities such as described above that
accommodate those who wish to engage in structured or unstructured active recreation, play or
leisure activities.
Staff Commentary: In addition to defining active recreation, staff recommends adding a term to describe the
facilities where active recreation takes place.
Greenspace/Greenway -
na"al reseurees and prevides wildlife habitat and/or appartuttities for- nature related atltd
An area of
protected or reserved public or private land that has important natural resource characteristics such
as flood plains, wildlife habitat, water quality functions, natural scenic qualities, etc. Greenspaces/
Greenways may provide for low impact passive recreation activities such as walking, nature study,
and, where appropriate, biking,
Staff Commentary: Staff revised this policy to clarify thatgreenspacelgreenway can occur on both public•
and private property.
Invasive Species - Plants, animals, and mierebes not native to a ,
teeaffipaniedd by their- native predaters, they ean be diffiettit to eantral. heft tmeheeked, many
eies have the potential to "ansfe--
es and these tha
A non-native species whose introduction
does, or is likely to cause, economic or environmental harm or harm to human health. An invasive
species can be a plant, animal, or any other biologically viable species that enters an ecosystem
beyond its native range.
Staff Commentary: This definition comes from the State of Oregon Invasive Species Council and is similar
to the definition contained in Executive Order 1312.
Leadership in Energy and Environmental Design (LEED) - A natiEffially bra accepted
private 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.
Staff Commentary: Staff revised this definition to reflect Council's discussion that LEED is a rivate
benchmark that is likely to change throughout the life of the Plan.
Passive Recreation - . This is
recreation activity that does not involve high levels of physical engagement and which does not
usually require specialized facilities. Passive recreation typically involves unstructured activities such
as walking for pleasure, picnicking, gardening, nature viewing, etc.
Staff Commentary: Council requested that terms which are defined specifically in the Development Code be
defined more generally here in the Comprehensive Plan Glossary.
Passive Recreation Facilities - These facilities may consist of minimal structures, such as
pathways, benches, picnic tables, etc., intended to accommodate unstructured, low levels of
leisure activity on undeveloped or minimally developed public or private land.
Staff Commentary: In addition to defining passive recreation, staff recommends adding a term to describe
the facilities where passive recreation takes place.
Sensitive Lands -
Areas containing steep slopes, wetlands, drainageways, or floodplain as
defined in the Tigard Community Development Code.
Staff Commentary: Council requested that terms which are defined specifically in the Development Code
be defined more generally here in the Comprehensive Plan Glossary.
Tigard Urban Planning Area - Area identified in the Tigard Urban Planning Area Agreeffien
~equifed by Statewide Land Use Plantidtig Goal 2) with Washington Gatinty that wi4l tildffiately be
under gavernanee by the Gity. A site specific area within the Metro Regional Urban Growth
Boundary consisting of lands within Tigard's city limits and contiguous unincorporated land for
which both the City and Washington County maintain an interest in Comprehensive Planning.
Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) to
coordinate land use and public facility planning activities and service provision within the area.
Staff Commentary: Staff revised this terra to ensure the differences between the UPAA and TUSA are
clearly stated, as suggested by Council.
Tigard Urban Services Area (TUSA) - Area identified in the T4gard Urban Ser-viees
~kgreement (required by ORS 195) f6r whieh ultimate ser-viee providers are identified to eftsure
plantting and delivery of wban level ser-viees. A site specific area within the Metro
Regional Urban Growth Boundary consisting of lands within Tigard's city limits and contiguous
unincorporated lands. This area is co-terminus with the Tigard Urban Planning Area. Within the
TUSA Agreement, Tigard is designated as the ultimate service provider of specific urban services.
Also in the agreement, Washington County recognizes Tigard as the ultimate local governance
provider to all of the territory within the TUSA including unincorporated properties.
Staff Commentary: Staff revised this term to ensure the differences between the UPAA and TUSA are
clearly stated, as suggested by Council.
Attachment 3
Agenda Item:
Hearing Date: September 15, 2008 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION.
FOR THE CITY OF TIGARD OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE
THE INTRODUCTION TO REFLECT CURRENT CONDITIONS
AND INCLUDE A GLOSSARY OF KEY DEFINITIONS
FILE NO.: Comprehensive Plan Amendment (CPA) CPA2008-00009
PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the
current Comprehensive Plan Introduction and add a Glossary of key definitions.
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, 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.
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 REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 1 OF 21
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 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 made it a goal to update the Comprehensive Plan and over the past 15 months the
Plan has been updated chapter by chapter. Although minor updates had taken place over the years,
this is the first complete update of the original 1983 Plan and it now reflects current and projected
community conditions.
Now that the language addressing each particular Statewide Planning Goal has been updated, the
final step is to update the Introduction and Glossary. 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.
The amendment before the Planning Commission tonight is to make a recommendation on the
content of the Introduction and Glossary. The Commission has reviewed the definitions
throughout the process of making recommendations on each chapter and then held a workshop for
further discussion. The Introduction was also reviewed at the workshop. The Planning
Commission agreed by consensus with the content of the language and subsequently scheduled to
bring the language to public hearing for recommendation.
Proposal Description
The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable
tool for decision-makers. The language will guide the way the Plan is used and provide the
framework within which decisions can be made. By updating the Comprehensive Plan, the City
will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As
importantly, the update will also ensure the Comprehensive Plan reflects current community
conditions and values.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 2 OF 21
This amendment is the last of a series of amendments that has updated the Comprehensive Plan
in its entirety. This amendment will update the Introduction and Glossary that outlines how to
use the updated Plan, and defines key terms for future decision-makers when using the Plan. The
new goals, policies, and recommended action measures have been found to be compliant with the
Statewide Land Use Planning Goals and administrative rules when utilizing the attached
definitions in the Glossary. Therefore, the language is consistent with the Department of Land
Conservation and Development.
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 Natural Resources and Historic Areas
o Environmental Quality
o Hazards
o Parks, Recreation, Trails, and Open Space
o Economic Development
o Housing
o Public Facilities and Services
o Transportation
o Energy Conservation
o Urbanization
• Statewide Planning Goals
o Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.
City Department and outside agency cornments
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 how to
use the Plan and defines key terms included in the Plan. The Introduction presents a brief
background statement that outlines the purpose of the Plan and its implementation. 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 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. Therefore, the
application is being processed as a Type IV procedure, Legislative Amendment, as governed by
Section 18.390.060G.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 3 OF 21
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.
Fines The proposed amendment outlines the way in which goals, policies, and recommended
action measures are utilized. This includes the emphasis on key terms when interpreting policies.
Therefore, the proposed amendments to the Tigard Comprehensive Plan will be reviewed under
the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the
amendments will initially be considered by the Planning Commission with City Council making
the final decision.
Chapter 18.390.060.G. Decision-making considerations. The recommendation by the
Commission and the decision by the Council shall be based on consideration of the
following factors:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised
Statutes Chapter 197;
2. Any federal or state statutes or regulations found applicable;
3. Any applicable Metro regulations;
4. Any applicable comprehensive plan policies; and
5. Any applicable provisions of the City's implementing ordinances.
Findings: As indicated pursuant to the findings and conclusions in this staff report 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.
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.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 4 OF 21
Information was distributed throughout the process via the project website, an interested parties
listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses.
Outreach methods also included presentations to a number of civic organizations in the
community, personal emails sent to groups and organizations, updates to City boards and
commissions, presentations to high school students, and staff attendance at community events to
pass out information.
Involvement opportunities included two open houses, participation on a policy interest team,
submitting written comments via the website, and attending the Planning Commission workshop.
Additionally, the interested parties listserv and volunteers who signed up for the policy interest
teams were provided notice of all meetings held regarding the Comprehensive Plan Update.
As part of the Comprehensive Plan Amendment process, public notice of this Planning
Commission public hearing was sent to the interested parties list and published in the August 28,
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
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 5 OF 21
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
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: The proposed amendment satisfies this policy by updating the Comprehensive Plan
Introduction and Glossary. The Introduction outlines the purpose of the Plan and its
implementation. It shows the City's intent for the document. The Glossary defines key terms that
will be used by decision-makers while implementing the document.
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 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.
Findings: The proposed amendment satisfies this policy by updating the Comprehensive Plan
Introduction and Glossary. The Introduction outlines the purpose of the Plan and its
implementation. It shows the City's intent for the document. The Glossary defines key terms that
will be used by decision-makers in implementing the document. 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,
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 6 OF 21
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 5: Natural Resources and Historic Areas
Findings: The following terms relating to the City's Goal 5 program and policies are defined in
the attached Glossary (Exhibit A):
Habitat
Habitat Friendly Development Practices
Natural Resources
Regionally Significant Habitat
Riparian Corridor
Riparian Habitat
Sensitive Lands
Significant Habitat
Stream Corridor
Upland Habitat
Wetland
The definitions of these terms are consistent with the City's policies and the State's Goal 5
requirements and program for the following reasons:
1. The City is currently in compliance with the State's Goal 5 program and Metro's Title 13:
Nature in Neighborhoods program which implements Goal 5; and
2. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth
Management Functional Plan; and
3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rule 660-023, and Metro's Urban Growth Management
Functional Plan.
Chapter 6: Environmental Quality
Fins: The following terms relating to the City's policies to comply with federal, state, and
regional air, water, and land quality programs are defined in the attached Glossary (Exhibit A):
Habitat
Habitat Friendly Development Practices
Natural Resources
Regionally Significant Habitat
Riparian Corridor
Riparian Habitat
Sensitive Lands
Significant Habitat
Stream Corridor
Upland Habitat
Wetland
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 7 OF 21
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Metro's Title 3: Water Quality and Flood
Management program which implements Goal 6; and
2. The City is included in the Portland Area Airshed, which is in compliance with Federal
Clean Air Act regulations; and
3. The City is in compliance with the Regional Solid Waste Management Plan which
implements the Oregon Department of Environmental Quality's solid waste management
plan; and
4. The definitions are consistent with terms and definition$ commonly found in Oregon
Revised Statute 459, 465, 466, and 468, Oregon Administrative Rule 340, and Metro's
Urban Growth Management Functional Plan; and
5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
459, 465, 466, and 468, Oregon Administrative Rules 660 and 340, Oregon Department
of Environmental Quality's programs, and Metro's Urban Growth Management
Functional Plan.
Chapter 7: Hazards
Findings: The following terms relating to the City's policies to comply with federal, state, and
regional hazards programs are defined in the attached Glossary (Exhibit A):
100-year Floodplain
Development
Floodplain
Landslides
Severe Weather Hazards
Wildfire
Stream Corridor
The definitions of these terms are consistent with the City's policies and the State's Goal 7
requirements and programs for the following reasons:
1. The City is currently in compliance with Metro's Title 3: Water Quality and Flood
Management program which implements Goal 7; and
2. The City is currently a participant in the National Flood Insurance Program administered
by the Federal Emergency Management Agency; and
3. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 195 and 197, Oregon Administrative Rule 660-023 and 629-044, and
Metro's Urban Growth Management Functional Plan; and
4. These definitions are necessary to meet the requirements of Oregon Revised Statute 195
and 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth Management
Functional Plan.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 8 OF 21
Chapter 8: Parks, Recreation, Trails, and Open Space
Findings: The following terms relating to the City's policies to comply with Goal 8 are defined in
the attached Glossary (Exhibit A):
Community Recreation Facilities
Community Parks
Greenspace/Greenway
Linear Parks
Natural Area
Neighborhood Parks
Open Space Park Services
Parks System Development Charges
Pocket Parks
Special Use Area
Trails and Connectors
The definitions of these terms are consistent with the City's policies and the State's Goal 8
requirements and programs for the following reasons:
1. The City is currently in compliance with Goal 8; and
2. The definitions are consistent with the Tigard Parks System Master Plan and professional
usage such as the National Parks and Recreation Association guidelines; and
3. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and the City's Park System Master
Plan; and
4. These definitions are necessary to meet the requirements of Oregon Revised Statute 197
and Oregon Administrative Rule 660.
Chapter 9: Economic Development
Findings: The following terms relating to the City's policies to comply with Goal 9 are defined in
the attached Glossary (Exhibit A):
Economic Gardening
Employment and Industrial Areas
Family Wage
Industry Cluster
Innovative Business
Traded Sector
Workforce Housing
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Goal 9 and Metro's Tide 1: Requirements for
Housing and Employment Accomodation and Title 4: Industrial and Other Employment
Areas; and
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 9 OF 21
2. The definitions are consistent with concepts found in Oregon Economic and Community
Development Department guidelines and documents; and
3. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth
Management Functional Plan; and
4. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional
Plan.
Chapter 10: Housing
Findings: The following terms relating to the City's policies to comply with Goal 10 are defined
in the attached Glossary (Exhibit A):
Affordable Housing
Special Needs Housing
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Goal 10 and the Metropolitan Housing Rule
(OAR 660-007/Division 7) and Metro's Title 1: Requirements for Housing and
Employment Accomodation and Title 7: Affordable Housing; and
2. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth
Management Functional Plan; and
3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional
Plan.
Chapter 11: Public Facilities and Services
Findings: The following terms relating to the City's policies to comply with Goal 11 are defined
in the attached Glossary (Exhibit A):
Development
Intergovernmental Agreement (IGA)
Public Facilities and Services
Public Facility Plan
Stormwater
Stormwater Management
System Development Charge
Wastewater System
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 10 OF 21
1. The City is currently in compliance with Goal 11 and Metro's Tide 3: Water Quality and
Flood Management; and
2. The City has an adopted Public Facility Plan as required by ORS 197.712 and OAR 660-
011; and
3. The City has adopted Clean Water Services Design and Construction Standards; and
4. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth
Management Functional Plan; and
5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional
Plan.
Chal2ter 12: Transportation
Finding The following terms relating to the City's policies to comply with Goal 12 are defined
in the attached Glossary (Exhibit A):
Development
Intelligent Transportation Systems
Intergovernmental Agreement (IGA)
Public Facilities and Services
Public Facility Plan
Right-of-Way Usage Fee
System Development Charge
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Goal 12 and Metro's Regional Transportation
Plan; and
2. The City has an adopted Transportation System Plan as required by the Transportation
Planning Rule OAR 660-012; and
3. The definitions are consistent with terms and definitions commonly used by the Oregon
Department of Transportation, the Transportation Planning Rule, Goal 12, and Metro;
and
4. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and Metro's Regional
Transportation Plan; and
5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional
Plan.
Chapter 13: Energy Conservation
Findings: The following terms relating to the City's policies to comply with Goal 13 are defined
in the attached Glossary (Exhibit A):
Compatibility
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 11 OF 21
Development
Green Concepts and Practices
Leadership in Energy and Environmental Design (LEED)
Renewable Energy
Solar Access
Sustainable (Sustainability)
The definitions of these terms are consistent with the City's policies and the State's Goal 13
requirements and programs for the following reasons:
1. The City is currently in compliance with Goal 13; and
2. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, 330, 345, and 469, and Oregon Administrative Rule 660; and
3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
330, 345, 469, and Oregon Administrative Rule 660.
Chapter 14: Urbanization
Findings: The following terms relating to the City's policies to comply with Goal 14 are defined
in the attached Glossary (Exhibit A):
Development
Intergovernmental Agreement (IGA)
Public Facilities and Services
Public Facility Plan
S tormwater
Stormwater Management
System Development Charge
Tigard Urban Planning Area
Tigard Urban Services Area (TUSA)
Urban Growth Boundary
Wastewater System
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Goal 14 and Metro's Title 11: Planning for New
Urban Areas; and
2. The City has a signed Urban Planning Area Agreement and Urban Services Agreement as
required by ORS 195.065 and ORS 197; and
3. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 195 and 197, Oregon Administrative Rule 660, and Metro's Urban
Growth Management Functional Plan; and
4. These definitions are necessary to meet the requirements of Oregon Revised Statute 195
and 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management
Functional Plan.
CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies
the applicable policies contained in the City of Tigard Comprehensive Plan.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 12 OF 21
THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER
OREGON REVISED STATUTES CHAPTER 197
Statewide Planning Goal 1- Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive
Plans and changes to the Comprehensive Plan and implementing documents.
Findings: This goal was met through an extensive public involvement process. A Public
Involvement Program for the Comprehensive Plan Update was developed in March 2006. This
Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning
Commission. The Program outlined the information, outreach methods, and involvement
opportunities available to the citizens during the process.
Information was distributed throughout the process via the project website, an interested parties
listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses.
Outreach methods also included presentations to a number of civic organizations in the
community, personal emails sent to groups and organizations, updates to City boards and
commissions, presentations to high school students, and staff attendance at community events to
pass out information.
Involvement opportunities included two open houses, participation on a policy interest team, 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 August 28,
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 Goal2 - Land Use Planning.•
This goal outlines the land use planning process and policy framework. The
Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide
planning goals.
Findings: The proposed amendment provides a factual basis on how to use the Plan and defines
important terms that may be used as decision-making tools when interpreting goals, policies, and
recommended action measures. The proposed amendment to the Tigard Comprehensive Plan is
being processed as a Type IV procedure, which requires any applicable statewide planning goals,
federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's
implementing ordinances, be addressed as part of the decision-making process. Notice was
provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable
review criteria have been addressed within this staff report; therefore, the requirements of Goal 2
have been met.
Statewide Planning Goal s - Natural Resources
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 13 OF 21
This goal requires the inventory and protection of natural resources, open spaces, historic
areas and sites.
Findings: The following terms relating to the City's Goal 5 program and policies are defined in
the attached Glossary (Exhibit A):
Habitat
Habitat Friendly Development Practices
Natural Resources
Regionally Significant Habitat
Riparian Corridor
Riparian Habitat
Sensitive Lands
Significant Habitat
Stream Corridor
Upland Habitat
Wetland
The definitions of these terms are consistent with the City's policies and the State's Goal 5
requirements and program for the following reasons:
1. The City is currently in compliance with the State's Goal 5 program and Metro's Title 13:
Nature in Neighborhoods program which implements Goal 5; and
2. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth
Management Functional Plan; and
3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rule 660-023, and Metro's Urban Growth Management
Functional Plan.
Statewide Planning Goal & Air, Water, and Land Resources Quality
To maintain and improve the quality of the air, water, and land resources of the state.
Findings: The following terms relating to the City's policies to comply with federal, state, and
regional air, water, and land quality programs are defined in the attached Glossary (Exhibit A):
Habitat
Habitat Friendly Development Practices
Natural Resources
Regionally Significant Habitat
Riparian Corridor
Riparian Habitat
Sensitive Lands
Significant Habitat
Stream Corridor
Upland Habitat
Wetland
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 14 OF 21
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Metro's Title 3: Water Quality and Flood
Management program which implements Goal 6; and
2. The City is included in the Portland Area Airshed, which is in compliance with Federal
Clean Air Act regulations; and
3. The City is in compliance with the Regional Solid Waste Management Plan which
implements the Oregon Department of Environmental Quality's solid waste management
plan; and
4. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 459, 465, 466, and 468, Oregon Administrative Rule 340, and Metro's
Urban Growth Management Functional Plan; and
5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
459, 465, 466, and 468, Oregon Administrative Rules 660 and 340, Oregon Department
of Environmental Quality's programs, and Metro's Urban Growth Management
Functional Plan.
Statewide Planning Goal 7 - Areas Subject to Natural Hazards
To protect people and property from natural hazards.
Findings: The following terms relating to the City's policies to comply with federal, state, and
regional hazards programs are defined in the attached Glossary (Exhibit A):
100-year Floodplain
Development
Floodplain
Landslides
Severe Weather Hazards
Wildfire
Stream Corridor
The definitions of these terms are consistent with the City's policies and the State's Goal 7
requirements and programs for the following reasons:
1. The City is currently in compliance with Metro's Title 3: Water Quality and Flood
Management program which implements Goal 7; and
2. The City is currently a participant in the National Flood Insurance Program administered
by the Federal Emergency Management Agency; and
3. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 195 and 197, Oregon Administrative Rule 660-023 and 629-044, and
Metro's Urban Growth Management Functional Plan; and
4. These definitions are necessary to meet the requirements of Oregon Revised Statute 195
and 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth Management
Functional Plan.
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.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 15 OF 21
Findings: The following terms relating to the City's policies to comply with Goal 8 are defined in
the attached Glossary (Exhibit A):
Community Recreation Facilities
Community Parks
Greenspace/Greenway
Linear Parks
Natural Area
Neighborhood Parks
Open Space Park Services
Parks System Development Charges
Pocket Parks
Special Use Area
Trails and Connectors
The definitions of these terms are consistent with the City's policies and the State's Goal 8
requirements and programs for the following reasons:
1. The City is currently in compliance with Goal 8; and
2. The definitions are consistent with the Tigard Parks System Master Plan and professional
usage such as the National Parks and Recreation Association guidelines; and
3. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and the City's Park System Master
Plan; and
4. These definitions are necessary to meet the requirements of Oregon Revised Statute 197
and Oregon Administrative Rule 660.
Statewide Planning Goal 9. Economic Development
To provide adequate opportunities throughout the state for a variety of economic
activities vital to the health, welfare, and prosperity of Oregon's citizens.
Findings: The following terms relating to the City's policies to comply with Goal 9 are defined in
the attached Glossary (Exhibit A):
Economic Gardening
Employment and Industrial Areas
Family Wage
Industry Cluster
Innovative Business
Traded Sector
Workforce Housing
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Goal 9 and Metro's Title 1: Requirements for
Housing and Employment Accomodation and Title 4: Industrial and Other Employment
Areas; and
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 16 OF 21
2. The definitions are consistent with concepts found in Oregon Economic and Community
Development Department guidelines and documents; and
3. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth
Management Functional Plan; and
4. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional
Plan.
Statewide Planning Goal 10. Housing
To provide adequate housing for the needs of the community, region and state.
Finings: The following terms relating to the City's policies to comply with Goal 10 are defined
in the attached Glossary (Exhibit A):
Affordable Housing
Special Needs Housing
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Goal 10 and the Metropolitan Housing Rule
(OAR 660-007/Division 7) and Metro's Title 1: Requirements for Housing and
Employment Accomodation and Tide 7: Affordable Housing; and
2. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth
Management Functional Plan; and
3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional
Plan.
Statewide Planning Goal 11. Public Facilities and Services
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
Findings: The following terms relating to the City's policies to comply with Goal 11 are defined
in the attached Glossary (Exhibit A):
Development
Intergovernmental Agreement (IGA)
Public Facilities and Services
Public Facility Plan
S tormwater
Stormwater Management
System Development Charge
Wastewater System
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 17 OF 21
1. The City is currently in compliance with Goal 11 and Metro's Title 3: Water Quality and
Flood Management; and
2. The City has an adopted Public Facility Plan as required by ORS 197.712 and OAR 660-
011; and
3. The City has adopted Clean Water Services Design and Construction Standards; and
4. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth
Management Functional Plan; and
5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional
Plan.
Statewide Planning Goal 12.• Transportation
To provide and encourage a safe, convenient, and economic transportation system.
Findings: The following terms relating to the City's policies to comply with Goal 12 are defined
in the attached Glossary (Exhibit A):
Development
Intelligent Transportation Systems
Intergovernmental Agreement (IGA)
Public Facilities and Services
Public Facility Plan
Right-of-Way Usage Fee
System Development Charge
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Goal 12 and Metro's Regional Transportation
Plan; and
2. The City has an adopted Transportation System Plan as required by the Transportation
Planning Rule OAR 660-012; and
3. The definitions are consistent with terms and definitions commonly used by the Oregon
Department of Transportation, the Transportation Planning Rule, Goal 12, and Metro;
and
4. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, Oregon Administrative Rule 660, and Metro's Regional
Transportation Plan; and .
5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional
Plan.
Statewide Planning Goal 13. Energy Conservadon
Land and uses developed on the land shall be managed and controlled so as to maximize
the conservation of all forms of energy, based on sound economic principles.
Findings: The following terms relating to the City's policies to comply with Goal 13 are defined
in the attached Glossary (Exhibit A):
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 18 OF 21
Compatibility
Development
Green Concepts and Practices
Leadership in Energy and Environmental Design (LEED)
Renewable Energy
Solar Access
Sustainable (Sustainability)
The definitions of these terms are consistent with the City's policies and the State's Goal 13
requirements and programs for the following reasons:
1. The City is currently in compliance with Goal 13; and
2. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 197, 330, 345, and 469, and Oregon Administrative Rule 660; and
3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197,
330, 345, 469, and Oregon Administrative Rule 660.
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: The following terms relating to the City's policies to comply with Goal 14 are defined
in the attached Glossary (Exhibit A):
Development
Intergovernmental Agreement (IGA)
Public Facilities and Services
Public Facility Plan
Stormwater
Stormwater Management
System Development Charge
Tigard Urban Planning Area
Tigard Urban Services Area (TUSA)
Urban Growth Boundary
Wastewater System
The definitions of these terms are consistent with the City's policies and the State's requirements
and programs for the following reasons:
1. The City is currently in compliance with Goal 14 and Metro's Title 11: Planning for New
Urban Areas; and
2. The City has a signed Urban Planning Area Agreement and Urban Services Agreement as
required by ORS 195.065 and ORS 197; and
3. The definitions are consistent with terms and definitions commonly found in Oregon
Revised Statute 195 and 197, Oregon Administrative Rule 660, and Metro's Urban
Growth Management Functional Plan; and
4. These definitions are necessary to meet the requirements of Oregon Revised Statute 195
and 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management
Functional Plan.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 19 OF 21
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, Public
Works Department, and Police Department has had an opportunity to review this proposal
and have no objections.
CONCLUSION: Based on no comment from City staff, staff finds the proposed amendment
does not interfere with 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 Durham
City of King City
City of Lake Oswego
City of Portland
City of Tualatin
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
Tualatin Valley Fire & Rescue
Tri-Met Transit District
The City of Beaverton had an opportunity to review this proposal and has 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 Title 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
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 20 OF 21
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 is consistent with the best
interests of the City.
SECTION VIII. CONCLUSION
The proposed changes comply with the applicable Statewide Planning Goals, the Tigard
y Comprehensive Plan, and applicable provisions of the City's implementing ordinances.
Therefore, Staff recommends that the Planning Commission reconu-nend 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.
September 8; 2008
PREPARED BY: Darren Wyss DATE
Senior Planner
fq"itf-y~ September 8. 2008
APPROVED BY: Ron Bunch DATE
Assistant' Community Development Director
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2008-00009 INTRODUCTION /GLOSSARY PAGE 21 OF 21
Attachment 4
MEMORANDUM
TIGARD 2027
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 the 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 -
partftevqhips, joint . An inhabitant of a city or town,
specifically one entitled to its privileges or franchises.
Staff Commentag - The Commission wanted to ensure the definition was consistent with the policies that
are written as a citizen 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 - 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. (Corvallis
SQf Commenta - The Commission asked for this definition to be added Stafreviewed policy language
and a number of definitions used in other jurisdictions' 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 publicly owned and operated to promote the health and well-being of the pules
cow. 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 a ked for clarification as to a facility needing to bepublicly 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 aeres) - Provide a variety of active and passive recreational
opportunities for all age groups and These parrs 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.
Sta Commentary - The Commission did not like the formatl 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. level.
Staff 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, limited, fts opposed to a array of recreation choices. Together, these fae&ies and allow for a
wide spectrum of reereational 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 new existing and emerging
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 definition. 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 preteet the rese"ree) - An area intended
to contain a natural quality that protects valuable natural resources and provides wildlife habitat
also-provi 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,
managine 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. (Tualatin Basin Partners for Natural Placesl
Sta Commentarg - The Commission asked for a definition to be added based on the Tualatin Basin
Partners for Natural Places program.
Linear Parks (Of adequate size to preteet natural d aeeemmedate intended
uses)-- ;lay be developed along bt~R or naodrfd earriders to Park or greenspace that may provide
opportunities for trail-oriented outdoor recreation along built or natural corridors, connect
residences to major community destinations, and. Linear parka may also provide some active and
passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by
traditional neighborhood parks. .
Staff Corrmmentarg - The Commission did not like the formatl content of the original definition. After
retrietving 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 Plait.
Neighborhood Parks (4 to 14 aeres) - 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.
StafCommentarg - The Commission did not like the formatl 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 Platt.
Open Space - Public or privately owned areas, both undeveloped or minimally developed, intended
for either active or passive outdoor recreation
natural 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.
Sta Commentag - The Commission did not like the formatl content of the original definition. After
retaetving 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 nereo) - Provide recreation opportunities for residents in
areas not adequately served by neighborhood parks, such as town centers or areas of high density
development.
Stag Commentarg - The Commission did not like the formatl content of the original definition. After
reviewing the Tigard Park 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.
Sta Commentarg - The Commission asked staff to review and ensure the definition was consistent will) 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.
SQLCommentary - At the request of Sue Beelke, the Commission asked staff to include a definition for
rare, threatened, and endangered pecies. As a threatened or endangered species is a commonly accepted term,
staff did not include a separate definition. 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) tcs
Staff Commentary - The Commission asked staff to ensure the definition was consistent with Metro
Renewable Energy -
rftpid time seale. They efttt be tiged by hurnang fnai-e or legs indefittitely, provided the quantity talten
Energy sources that are either inexhaustible (solar, wind) or
1.1- -W, of 6ffie is fiat too great. 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 gtucker rate than they can be replenished. (Green
Power Oregon)
Staff Commentary - The Commission asked staff to review and ensure the definition was consistent with
Stale 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.
Stag Commentary - The Commission asked for a definition to be added to clarify Ti ard'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 Co~ mmentary - 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, 12olicy. or interests of. or contribute to the progress or growth of.
St I C~ ommentarg - The Commission asked for a definition to be added.
Upland Habitat - All habitats beyond a riparian corridor. Examples include oak prairie, ponderosa
pine/oak camas prairie, mixed conifer forest, etc.
Sta jE Commentary - At the request of Sue Bielke, the Commission asked staff to include examples of
r Aland habitat. This is consistent with a number of other definitions that include examples.
Urban Forest - Broom-as All the trees located within the city limits ealleetivel including
both remnants of native forests and planted landscapes.
Sta,,a: Commentary - The Commission asked for clarification as to why there needed to be a separate
definition 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)
SLaff 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)
Staff Commentary - The Commission felt the definition was to narrow in its use of forestland and aske d
staff to review the Washington 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 darrenDtigya~ rd or.gov or 503-718-2442.
See you on Monday the 15th.
6
Attachment 5
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 Present: Ron Bunch, Assistant Community Development Director; Darren Wyss, Senior
Planner; Doreen Laughlin, Administrative Specialist II
3. COMMUNICATIONS
City Councilor, Gretchen Buchner, 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
S. PUBLIC HEARING
CPA2008-00009 TIGARD COMPREHENSIVE PLAN AMENDMENT TO
UPDATE THE INTRODUCTION TO REFLECT CURRENT
CONDITIONS AND INCLUDE A GLOSSARY OF KEY DEFINITIONS
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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.dgard-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:
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 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.
Glossaw_
• 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.
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• 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 8d,. 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.
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• "Natural Resources" change to read: "resources and resource systems identified in
Statewide Planning Goal 5_ ineludig 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 18.120."
MOTION
After President Inman's summarization of the recommended changes, Commissioner
Vermilyea 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 141'),
while the Public Hearing is scheduled for October 280h.
There was a question as to when the Planning Commission Public Hearing on "Urbanization"
would be coming back. Wyss answered "October 6th." [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 21St 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 6th 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.
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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 20th. 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 eci list II
ATTEST: President Jodie Inman
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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 staff's 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 packs 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 last workshopMay 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.
o "Rare" - There needs to be a definition for "rare" as this is addressed in the
Parks,/Trails/Operl 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 frogs, .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,
Susan geilke, gars of Fanno Greek
hoard Member,
Friends of Summer Ck
le ConSe~ancy "
AGENDA ITEM No. 6 Date: October 28, 2008
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
Legislative Public Hearing -
Comprehensive Plan Amendment
CPA 2008-00009 - Update the
Comprehensive Plan Introduction and Add
a Glossary of Key Definitions
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/Mignup/Leg. PH Comp Plan Amendment
1
AGENDA ITEM No. 6 October 28, 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, Ad ss & Pho e No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Agenda Item #
Meeting Date October 28, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Approve a Trespass and Exclusion Ordinance to Establish General Rules of Conduct
on C4 Property
Prepared By: Chief Bill Dickinson Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Should the City Council adopt an ordinance establishing rules of conduct on City property tht would be used
throughout the City? The proposed ordinance was discussed at the October 21, 2008 Council workshop.
STAFF RECOMMENDATION
Approve the ordinance.
KEY FACTS AND INFORMATION SUMMARY
• The City currently has a Trespass and Exclusion ordinance for the public library that controls loud,
disruptive behavior that does not rise to the level of criminal acts but that prevents the public from doing
business and enjoying the public facility in a safe and peaceful manner. It has been successful in dealing
with behavior problems at the library. This ordinance replaces and expands that authority to all city
properties and legally empowers City employees to address disruptive behavior that does not rise to the level
of any criminal act.
• This ordinance would give the police and city employees the authority to request anyone illegally parking on
city property, disrupting a public meeting, interfering with any city function or acting out in any disruptive
or prohibited manner on City property to cease their behavior or leave the premises or be subject to arrest
or cite for Criminal Trespass in the Second Degree. (C misdemeanor crime) City employees, including
police, do not have the authority to require persons to cease many kinds of disruptive behavior that does not
constitute a criminal offense, except at the public library. Police can only intervene when there is a clear
indication of criminal conduct in violation of state law. This ordinance would address this.
• This ordinance would deal with repeat offenders and- those who commit crimes on city property by giving
the police the authority to exclude those persons from specific city property areas for periods of 30 days up
to 180 days. There are provisions for due process appeals and variances to conduct legitimate business.
• The kinds of prohibited behaviors would be posted by signage as needed to control specific problems that
prevent or inhibit the city from conducting lawful, peaceful business with its citizens. (sample signage
attached)
• Other jurisdictions, such as ODOT, TriMet and the City of Portland have successfully adopted this type of
approach and this ordinance has been reviewed by legal counsel and determined to meet current court
requirements for impartiality, due process and variance procedures.
OTHER ALTERNATIVES CONSIDERED
The current Tigard Municipal Code only addresses behavior that is already criminal in nature and is adequately
addressed by the enforcement of the Oregon Revised Statutes.
CITY Comm GOALS
Not Applicable
ATTACHMENT LIST
Copy of proposed ordinance.
FIscAL Nom
It is anticipated that there will be no costs beyond the current budget allowances. The costs of printing exclusion
forms and processing and maintaining the required data will be absorbed by the current budget allowance.
..tae-k-ew e a
Agenda Item # y
Meeting Date October 28, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Third Quarter Council Goal U date
Prepared By: Joanne Ben s n Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Third quarter informational update on 2008 City Council Goals.
STAFF RECOMMENDATION
Information only
KEY FACTS AND INFORMATION SUMMARY
Attached is a third quarter progress report on 2008 City Council goals.
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
1. Third Quarter Goal Report
FISCAL NOTES
N/A
l:\ADM\City Council\Council Agenda Item Summaries\2008\3rd quarter goal AIS 081013.doc
2008 3& uarter Goal Update
January 4th the City Council met to set its goals for the coming year. These goals represent those
items that the Council feels deserve special attention in the months ahead. The City will accomplish w
much more than what islisted here, but we identify these to be of particular importance to our
residents.
1. Pursue opportunities to reduce traffic congestion in Tigard.
• Pursue immediate low-cost projects to improve traffic flow.
• Explore light rail on 99W.
• Promote an access control study of 99W.
• Support the I-5/99W connector project.
• Continue state and regional advocacy for transportation improvements in
Tigard.
.
3rd uarter Update:
° Pursue immediate low-cost projects to improve traffic flow.
■ When the pavement overlay on Walnut Street was finished, a right turn lane was added for
westbound traffic turning north onto 135th Avenue. Preliminary observations show this has
increased capacity and reduced congestion at this intersection.
■ School zone flashing beacons have been installed at Fowler Middle School and on Gaarde
Street adjacent to Gaarde Christian School. This allows traffic to flow at normal speeds for
most of the day, while enhancing the safety of the School 20 during arrival and dismissal
times.
■ The equipment for Metzger Elementary has been ordered with delivery expected by mid-
October 2008. Those lights will be installed upon receipt.
■ The flashing beacons for Alberta Rider will be installed through City contract with the
contractor submitting the low bid for Washington County's flashing beacon project.
Because of County budgetary limitations, the City will contract for performance of the work
using the County bid prices and will request reimbursement from Washington County for
their share of the work. The work is expected to be completed by the end of the calendar
year.
■ The electronic speed signs will be procured and installed through an open bid process. The
bid documents are being prepared and should be advertised for bids in October 2008 with
award in November, 2008. The electronic speed sign installations should be completed
within three months after bid award.
■ Staff worked with ODOT Region 1 on a preliminary project design and funding application
for improved technology for better signal coordination, incident management, and driver
information along the 99W corridor.
Council Goal Update
■ Staff has continued working with ODOT and Washington County signal timers to improve
efficiency of signals on 72nd Ave, Bonita Road, and Durham Road.
■ Flashing yellow arrow protected/permissive phasing was installed at the Durham Road /
98th Avenue signal, allowing left turns when gaps are available in opposing traffic.
■ Design work is complete for modifications to the median on Dartmouth Street south of
Hwy 99W to provide more stacking space for left-turners. The project is out for bids in
October, with construction planned before Thanksgiving.
° Explore light rail on 99W.
• Tigard staff was appointed to the Metro High Capacity Transit subcommittee in August
2008 and have attended two meetings since. The purpose of the subcommittee is to advise
Metro and local decision-makers where future high-capacity transit services should be
provided. Highway 99W has been listed by Metro as a potential high-capacity transit
corridor. The Committee will meet a total of six times and present its recommendations
and late winter or early spring of 2009.
• Tigard staff was appointed to the Metro Performance Measures committee and has
attended two meetings. The committee is important to Tigard's objective of addressing
traffic congestion on the north-south arterial and freeway system (Interstate 5, Highway 217
and 99W). The committee will be making recommendations to decision-makers regarding
how performance of key transportation facilities should be measured. This will help
determine future regional future investment priorities.
° Promote an access control study of 99W.
• The Highway 99W Corridor Improvement and Management Plan will be submitted for
Planning Commission review and approval in the November/December timeframe. The
adoption process through City Council will begin in early 2009.
• City staff is continuing to consider development of an access management project (based
on the Plan) from the I-5 interchange to either Dartmouth Street, or to the Highway 217
interchange, after the Plan is adopted.
° Support the I-5/99W connector project.
■ Regional and local transportation plans have recognized the need for a major connection
between I-5 and Highway 99W for more than a decade. The increase in freight movement
and traffic with destinations along the Highway 99W and I-5 corridors have resulted in
heavy traffic congestion in the street systems along both major routes. Washington County,
Metro and ODOT are jointly leading the I-5 to 99W Connector Project to address this
regional problem. The Oregon Transportation Commission has recently designated this as a
project of statewide significance.
■ A thorough and detailed study with rigorous analysis and ample opportunities for public
involvement and jurisdictional coordination is underway to establish the alignment for this
connector. The project is in Phase 1 of two phases. Phase 1 includes establishment of the
preferred corridor for the project and submittal of the selected corridor for incorporation
Counal Goa! Update 2
into Metro's Regional Transportation Plan. Phase 2 will identify and refine the project
design through the EIS process, including obtaining a record of decision and federal
authority to proceed toward construction. The City Engineer attends the Executive
Management Team meetings as a non-voting, but fully participating, member of the
discussions at the meetings.
Current Status:
• The PSC (Project Steering Committee) has concluded that the large freeway concept is
much too costly and is not easily subdivided into meaningful phases for implementation.
Based on PSC direction, the PMT (Project Management Team) has developed a hybrid
concept that consists of a package of projects to enhance existing arterials and construct
new arterials. The hybrid concept proposes three east-west arterial connections between I-5
and Highway 99W that would provide almost, but not quite, the capacity of a new freeway.
• The hybrid concept has been distributed for EMT (Executive Management Team) and PSC
member comments. If the concept is acceptable to the EMT and PSC, the concept will be
modeled and tested to ensure that the project purpose, goals and objectives are met. The
PSC (Project Steering Committee) has concluded that the large freeway concept is much
too costly and is not easily subdivided into meaningful phases for implementation. Based on
PSC direction, the PMT (Project Management Team) has developed a hybrid concept that
consists of a package of projects to enhance existing arterials and construct new arterials.
The hybrid concept proposes three east-west arterial connections between I-5 and Highway
99W that would provide almost, but not quite, the capacity of a new freeway.
• The hybrid concept has been distributed for EMT (Executive Management Team) and PSC
member comments. If the concept is acceptable to the EMT and PSC, the concept will be
modeled and tested to ensure that the project purpose, goals and objectives are met.
° Continue state and regional advocacy for transportation improvements in Tigard.
• Jason Tell, ODOT Region 1 Manager, will again be scheduled to meet with Council in early
2009.
• City staff has worked with ODOT in the submittal of the Gaarde Street/Highway
99W/McDonald Street Intersection Improvement project for funding under the highway
earmark process. The project is supported by ODOT and was one of the six projects in this
region (and the only one from Washington County) approved by Metro's JPACT for
submittal to Congress.
• Staff continues to regularly attend regional and state transportation meetings to seek
resolution of Tigard's transportation issues and promote transit improvements in Tigard.
These efforts also include promoting Light Rail on Barbur Blvd./Highway 99W.
• Metro Councilor Rex Burkholder, Chair of the Joint Policy Advisory Committee and
Clackamas County Chair met with the City Council in August 2008 to discuss
transportation funding strategies and priorities.
Council Goal Update 3
• Staff continues to provide support for elected officials advocating on behalf of Tigard with
regional and state leaders and groups.
2•d Quarter Update:
Pursue immediate low-cost projects to improve traffic flow
■ School Zone flashing beacons have been ordered for the Fowler Middle School installation. These beacons are
scheduled for installation by Public Works crews this summer before the start of school in September 2008. An
order for similar equipment along Gaarde Street is in progress. The Gaarde Street installation will also happen
prior to school opening in September 2008.
■ City staff and representatives from Region 1- Oregon Department of Transportation negotiated a contract with a
consultant to update the Tigard Transportation System Plan (TSP). A significant part of the TSP will identify
efforts to address traffic congestion and level of service issues within the City of Tigard. In addition, a contract
has been negotiated with a consultant to complete a Pathway Connections Plan to provide walking alternatives to
automobile travel. Both the TSP and the Pathway Connections Plan are funded the state's Transportation and
Growth Management Program.
■ During this quarter, the city learned of Washington County's intent to close the Barrows Road Bridge.
Subsequently, staff worked to inform Tigard's citizens of the County's proposal. This included articles in the
Tigard Times and the Tigard Cityscape newsletter. In addition, the city posted information on its website and held
meetings with the Tigard Committee for Citizen Involvement and CPO 4-B.
Subsequently the city worked with Washington County to develop a traffic mitigation solution. This was followed
by Mayor Dirksen meeting with Beaverton Mayor Rob Drake and county commission chair Tom Brian to discuss
potential partnership solutions to the bridge closure.
Explore Light rail on 99W
■ Long Range Planning staff has been at work coordinating with ODOT, Metro and TriMet regarding several
transportation planning projects and processes that have potential to reduce traffic congestion. These include an
update of the City Transportation System Plan (TSP); Pathway Connections Plan; long-range transit plan, and
2009-13 Metro Transportation Improvement Plan.
Promote an access control study of 99W
The Highway 99W Corridor Improvement and Management Plan will proceed through the adoption process this
summer.
■ City staff is still considering implementation of an access management project (based on the Plan) from the 1-5
interchange to either Dartmouth Street or to the Highway 217 interchange. The actual project limits will be
determined based on the funding available and the cost estimate for the improvements. Project development will
be initiated after the Plan is adopted.
Support the I-5/99W connector project
The Project Team representatives provided Council with a status report of the project on May 13, 2008.
■ The Alternatives Analysis was released for public review in mid June. The current plan is to select a preferred
alternative with recommended corridor alignment this fall for adoption into Metro's Regional Transportation Plan,
and subsequently into the transportation plans of local jurisdictions.
Continue state and regional advocacy for transportation improvements in Tigard.
■ Jason Tell, ODOT Region 1 Manager, met with Council at the May 19, 2008 workshop meeting. Council
requested his help in funding the Greenburg Road/Highway 99W/Main Street intersection improvements, but
learned that ODOT does not have the funds to do so, now or in the foreseeable future.
■ Council asked members of the Oregon Transportation Commission to attend a future City Council meeting but
the request was declined. However, the Chair of the State Transportation Commission did meet with Mayor
Dirksen to discuss transportation deficiencies and needs in and around Tigard.
■ Staff and ODOT began an update of the Tigard TSP. The TSP is the primary means for a Metro area jurisdiction
to identify specific transportation needs and programs in a context of overall regional requirements.
■ Staff regularly attended regional and state transportation meetings to seek resolution of Tigard's transportation
issues and promote transit improvements in Tigard. These efforts also include promoting Light Rail on Barbur
Blvd./Highway 99W.
Council Goal Update 4
■ At the April 22, 2008 meeting, Council directed the Planning Commission to formulate a legislative
recommendation regarding adoption of the Tigard 99W Improvement and Management Plan.
■ Council hosted Metro Councilor Rex Burkholder and Metro staff on July 1, 2008 to discuss the implications of the
new Regional Transportation Plan (RTP) on Tigard.
18t Quarter Update:
Pursue immediate low-cost projects to improve traffic flow
School zone flashing beacons and electronic speed signs are proposed in the FY 2008-09 Capital Improvement Program
budget. The installation of flashing beacons for Fowler Middle School at Walnut and Tiedeman, Assembly of God
school along Gaarde Street, and Metzger Elementary along Locust Street should greatly enhance traffic flow on streets
adjacent to those three schools. The beacons will be set to flash during specific hours of the day, which will allow
vehicles to move at the posted speed limits when the beacons are not flashing. Electronic speed signs should help keep
speeds within allowable limits by informing motorists of their speeds as they move through these school zones.
Explore light rail on 99W
Long Range Planning staff has been working and coordinating with ODOT, Metro and TriMet regarding several
transportation planning projects and processes that have potential to reduce traffic congestion. These include an update
of the City Transportation System Plan (TSP); Pathway Connections Plan; long-range transit planning, and 2009-13
Metro Transportation Improvement Plan.
Promote an access control study of 99~Y1
The preparation of access management plans for Highway 99W requires detailed examination of each driveway and
intersecting street along the corridor. This work is expensive and is best performed as part of a larger project to
construct improvements on the highway. The Highway 99W Corridor Improvement and Management Plan
recommended aggressive access management along the highway corridor, especially in areas close to the I-5 and Highway
217 interchanges. It may be possible through improvement projects to develop access management plans for the most
heavily traveled segment of Highway 99W from the I-5 interchange to the 99W overpass adjacent to downtown Tigard.
There is $1.660 million available in federal funds, which was originally scheduled for widening of Greenburg Road
between Tiedeman Avenue and Shady Lane. That project was cancelled because of the high overall cost ($5.0 million),
and the funds were held in reserve to possibly be applied to a high priority project identified in the Highway 99W Plan.
City staff is considering implementation of median recommendations starting from the I-5 interchange at the north end
of the City, south along the highway corridor as far as the funding permits. Part of the project will include a detailed
access management plan within the project limits.
If the funding does not extend the project all the way to the 217 interchange, City staff will seek funds to extend access
management plan development the rest of the way. Discussions will be initiated with ODOT (Oregon Department of
Transportation) to identify potential funding sources for this work. The Hall/99W and Greenburg/99W/Main Street
intersection projects both include access management plans within those project limits.
Adoption of these plans by the City will enable enforcement as development occurs or projects are implemented along
the north half of the highway within the City.
Long Range Planning staff is planning to undertake a transportation needs analysis of the Tigard Triangle in association
with the City TSP update. Also in early spring 2008, staff will bring the Tigard 99W Corridor Improvement and
Management Plan to Council for it to consider directing the Planning Commission to hold public hearings to adopt its
recommendations. Many of these directly address the congestion and safety issues on Highway 99W and impacts on
adjoining streets and properties.
Support the I-5/99W connector project
Regional and local transportation plans have recognized the need for a major connection between I-5 and Highway 99W
for more than a decade. The increase in freight movement and traffic with destinations along the Highway 99W and I-5
corridors have resulted in heavy traffic congestion in the street systems along both major routes. Washington County,
Metro, and ODOT are jointly leading the I-5 to 99W Connector Project to address this regional problem. The Oregon
Transportation Commission has recently designated this as a project of statewide significance.
A thorough and detailed study with rigorous analysis and ample opportunities for public involvement and jurisdictional
coordination is underway to establish the alignment for this connector. The project is in Phase 1 of two phases. Phase 1
Council Goal Update 5
includes establishment of the preferred corridor for the project and submittal of the selected corridor for incorporation
into Metro's Regional Transportation Plan. Phase 2 will identify and refine the project design through the
Environmental Impact Statement (EIS) process, including obtaining a record of decision and federal authority to proceed
toward construction. The City Engineer attends the Executive Management Team meetings as a non-voting, but fully
participating member of the discussions at the meetings.
Current Status. Project representatives provided a project overview at the Council meeting on June 26, 2007, then
returned on August 21, 2007 for more detailed discussion on the range of corridor alternatives developed for the project.
Since then, the project has progressed through elimination of certain infeasible alternatives, establishment of criteria for
evaluation of remaining alternatives, and evaluation of those alternatives using the criteria established. The Project Team
representatives will return on May 13, 2008 to provide a project status update on the findings of the alternatives
evaluation and to answer any questions that Council may have. Following a public comment period this spring, a
recommended corridor alternative will be selected, which will be incorporated into Metro's Regional Transportation Plan
and subsequently into plan amendments to local transportation system plans.
Continue state and regional advocacy for transportation improvements in Tigard
The Highway 99W Corridor Improvement and Management Plan, if adopted by Council, will provide the basis for
funding requests to implement high priority projects identified in the Plan. The preparation of the plan was a
collaborative effort among ODOT, DLCD (Department of Land Conservation and Development), and the City of
Tigard. The projects identified in the plan are intended to improve traffic flow on Highway 99W and improve
intersection operations along the highway corridor. The adoption of the plan will be discussed with Council at the April
22, 2008 meeting, and Council direction will be requested to begin the adoption process through the Planning
Commission.
The periodic meetings of Council with the ODOT Region 1 Manager ensure a continuing dialogue that may lead to
establishment of partnerships aimed at funding transportation improvements in the City. As'a first step this year, a
request will be made for ODOT to participate in funding the anticipated shortfall in the Greenburg Road/99W
intersection project. The next meeting with the Region 1 Manager is scheduled for the workshop meeting on May 20,
2008.
2. Complete the update and begin the implementation of the Comprehensive Plan.
3,d Quarter Update
■ The Planning Commission has recommended approval of the last Comprehensive Plan sections.
These pertain to "Definitions and Plan Introduction." The City Council will hold its hearing on
the Planning Commission recommendations in November 2008. If approved by Council, the
Comprehensive Plan update will be completed. Minor housekeeping amendments will be done
for the Goal 12, Transportation chapter at this time. A complete update of the transportation
goals, policies, and action measures will be done upon completion of the City's TSP update.
■ Several Comprehensive Plan implementation activities are, or soon will be, occurring. These
include code and ordinance updates; specific area planning for the Tigard Triangle; Urban Forest
Master Plan; Parks and Recreation Master Plan update; and Tigard Downtown urban renewal
effort s.
2.d Quarter Update:
■ Completion of the Comprehensive Plan is expected by October 2008. About 90 percent of the new
Comprehensive Plan Chapters have been adopted and are (or soon will be) in effect. The Council public hearing
on the remaining Chapter, Goal 14, Urbanization is expected in August, 2008. Chapters on Plan Administration
and Definitions will be in September or October 2008. Minor housekeeping amendments will be done for Goal
12, Transportation. A complete update of the transportation goals, policies, and action measures will be done upon
completion of the City's TSP update.
Council Goal Update 6
■ Several Comprehensive Plan implementation activities occurred. These include code and ordinance updates;
specific area planning for the Tigard Triangle; Urban Forest Master Plan; Parks and Recreation Master Plan update
and Tigard Downtown urban renewal efforts.
15t Quarter Update
The Comprehensive Plan is about 70% complete:
■ Goal 1: Citizen Involvement (Adopted by Council on Feb 5, 2008 and effective on March 6, 2008)
■ Goal 6: Environmental Quality (Adopted by Council on Dec 11, 2007 and effective on Jan 10, 2008)
■ Goal 7: Hazards (Adopted by Council on Dec 4, 2007 and effective on Jan 3, 2008)
■ Goal 8: Parks (Adopted by Council on Dec 11, 2007 and effective on Jan 10, 2008)
■ Goal 9: Economy (Adopted by Council on Feb 5, 2008 and effective on March 6, 2008)
• Goal 10: Housing (Adopted by Council on Feb 5, 2008 and effective on March 6, 2008)
■ Goal 11: Public Facilities (Adopted by Council on Dec 4, 2007 and effective on Jan 3, 2008)
■ Goal 13: Energy Conservation (Adopted by Council on Dec 11, 2007 and effective on Jan 10, 2008)
Work sessions and public hearings are being scheduled for the remaining four elements that include Goal 2, Sections 1
and 2: Land Use Planning and Urban Forest Resources; Goal 5, Natural Resources; Goal 11, Urbanization. Minor
housekeeping amendments will be done to the Goal 12, Transportation chapter at this time. A complete update of the
Transportation goals policies and action measures will be done upon completion of the TSP update.
The Comprehensive Plan is being implemented on several fronts, such as code and ordinance updates, specific area
planning (e.g., the Tigard Triangle), parks and recreation master plan update, and Downtown urban renewal.
3. Implement the Downtown Urban Renewal Plan
• Prioritize and begin implementing tasks identified in the development
strategy for downtown
3rd Quarter Update:
• A draft of the Downtown Urban Design Vision project is under review. The project will be
refined and then presented to Planning Commission, Council and Downtown stakeholders in
late fall. This project is intended as a means to evaluate development related conditions and
factors, express the Downtown's development potential, and communicate /market the area's
potential to the public, investors, and to regional and state agencies that might assist with
infrastructure and other redevelopment efforts.
• Staff continues to work with Metro's Transit Oriented Design Program and with TriMet to
propose a redevelopment project on the approximately.6 acre existing Transit Center site.
Metro might assist the City and TriMet with site planning, market analysis, and developer
recruitment.
• Work continues to develop the Downtown Urban and Development Standards. Following
community open houses and other opportunities for public comment, it is expected that the
Planning Commission will begin hearings on the new standards in fall 2008.
Burnham Street Update
• Staff continues to work with Right-of-Way Associates and property owners on issues regarding
right-of-way and property acquisition. To date, six property ROWS have been acquired, three
Letters of Agreement (LOA) are ready, and seven other properties are being worked on. This
leaves five properties pending other action.
Council Goal Update 7
• Staff is also working with OTAK to finalize the construction drawings. The final set of plans
was delivered to staff and made available to other departments and utilities for review and
comment. We expect to return the final redline set to OTAK within the next two weeks. The
final engineer's estimate and bid document will reflect these changes.
2^a Quarter Update:
A Downtown Urban Design Vision project will be completed at the end of July. This project is intended as a means to
evaluate development related conditions and factors, express the Downtown's development potential, and
communicate/market the area's potential to the public, investors, and to regional and state agencies that might assist with
infrastructure and other redevelopment efforts.
Staff is working with Metro's Transit Oriented Design Program and with TriMet to propose a redevelopment project on
the approximately.6 acre existing Transit Center site. Metro may assist the City and TriMet with site planning, market
analysis, and developer recruitment.
15t Quarter Update
o The CCDA adopted the Fanno Creek Park & Plaza Master Plan on February 12, 2008, providing direction for
further action on key Urban Renewal projects including the plaza, lower Fanno Creek Park improvements, and
adjoining property redevelopment.
o The CCAC has reviewed revisions to the City's Downtown Implementation Strategy for FY 2008-09
incorporating the recommendations from the Leland Development Strategy, completed in September 2007. The
CCAC has recommended adoption of the revised City strategy by the CCDA, which will be presented for their
consideration on April 8,h.
o Strategic actions within the Downtown Implementation Strategy have been prioritized for the upcoming FY 08-
09 work program, and a 3-year, FY 09-10 to FY 11-12 timeframe.
o Key actions for the FY 08-09 work program have been identified and resources allocated as part of the current
budget process. Actions include securing a replacement site for Stevens Marine, Inc. for the Downtown Plaza,
developing a specific program to stimulate new investment in the 2 shopping centers at Hall / 99W intersection,
undertaking a redevelopment study of properties adjoining the plaza site and the Public Works site for potential
future redevelopment, completing new Land Use and Design Guidelines, and continuing progress in the design
and reconstruction of Burnham and Main Streets.
Long Range Planning staff continues work on the Downtown land use program, including design and development
standards, map designations and urban design refinements. In addition, staff is working with TriMet to determine the
feasibility of relocating bus stops and using its bus transit center for a redevelopment catalyst site.
4. Promote and honor good citizenship in Tigard
• Recognize good citizenship by individuals and groups
• Build youth involvement programs
• Support the neighborhood program
3rd Quarter Update:
This quarter the Police Youth Services Division achieved the following goals:
■ Provided DARE Summer Camp for more than 500 kids.
■ Police Explorer Programs - Explorers have volunteered 822 hours to date.
■ After-school Programs - Adding programs at Fowler and Twality Middle School starting in
November.
■ Tigard Youth Advisory Council sponsored a movie night during Family Fest attracting
approximately 125 community members of all ages. TYAC held officer elections and named
Alexander Carsh as President with Narintohn Luangrath as Vice-President.
■ Peer Court is starting back up after having the summer months off.
Counal Goal Update 8
■ A self-defense class was developed this quarter that will take place October 7th and 9th at the
Public Works Building
This quarter the Library Youth Services provided the following services and programs:
■ Story Times - 616 in June and 1282 in July
■ Children's Special Programs -1026 in June and 904 in July
■ Young Adult Programs - 96 in June and 129 in July
Support the Neighborhood Network Program:
■ This quarter the Neighborhood Network program gained web page representation in 11 of 13
neighborhoods. A full page of the city's monthly newsletter Cityscape is devoted to the program
and "News You Can Use." If volunteers in the two remaining areas aren't realized, Liz
Newton will seek out potential webmaster candidates through other means.
■ The Committee for Citizen Involvement discussed the outline for the next phase of the
Neighborhood Network program: Activity Guidelines & Criteria. With most of the
neighborhoods represented, staff want to shift gear and focus on getting area steering
committees established.
■ Draft steering committee guidelines containing a purpose statement, cover membership,
appointment, responsibilities, meetings, meeting notices, chair selection and duties, minutes,
and the role of the CCI were discussed. CCI approved committee promotion on the
Neighborhood webpages.
■ The Neighborhood Network Beautification/Clean-Up Event proposal was discussed this
quarter. This element of the program is defined as sprucing up private property and
common areas to build a sense of community. Staff will work with the CCI to review and
approve the application packet.
■ Neighborhood Program Boundary Change Procedures were discussed in August. The CCI
previously agreed to a policy of considering boundary changes once a year at the annual
Neighborhood Program open house.
■ Every time a new Cityscape issue is delivered to homes the local web pages experience an
increased number of hits (visits).
2nd Quarter Update:
Build youth involvement programs
Tigard Youth Advisory Council hosted the following community events between April and June 2008: Bike Fair- 250
kids and adults participated in this event. Working with the Tigard
Police, they handed out free helmets and provided helmet checks, safety information and a bicycle safety course. Movie
Night - featuring "The Bee" movie, approximately 60 families and youth attended. DARE to be GREAT Summer Camp
- Held at Metzger Elementary School during the weeks of June 16th , June 23rd , July 7th , July 21St , July 28th, more than
75 kids attend each week. This continues to be a very popular and valuable event in the community.
Peer Court - A group which allows community-service-oriented youths interested in the criminal justice system to help
law enforcement and serve their community. Members are trained to perform specific court functions (attorney, bailiff,
court recorder, court clerk) and offer first time young offenders an opportunity to avoid the serious implications
associated with formal entry into the criminal justice system. Held the 2^d and 4th Monday of every month, 15 volunteer
youth and a volunteer judge hear six cases a month.
Police Explorers - Tigard's newest youth program started in May with seven members. They attended the Police
Council Goal Update 9
Explorer Academy in Salem June 16th - 27th, completing 80 hours of training.
Their first assignment was at the Balloon Festival in June, followed by the 4th of July, a Car Seat Clinic, DARE to be
Great Camp and a Safety Day devoted to engraving drivers license numbers on vehicle catalytic converters to avoid theft.
Tasks included traffic control, assisting citizens with questions and providing hands-on work with officers.
Tigard Library Youth Programs - The library increases community outreach by providing an array of programs that
appeal to all ages.
Story Time - 95 sessions had 2,851 kids in attendance. Children's Special Programs - 28 sessions with 1,166 kids
attending. Special programs include Dogs & Tales, Super Tuesday, Saturday Adventure, Spring Break Festival, Prime
Time Family Reading, Cinco de Mayo and TV Turn-Off Week. Movie Time, held twice this quarter, hosted 91 children
and Library Outreach, consisted of 43 programs which included visits from community organizations, visits to and from
schools and young adult programs.
Support the neighborhood program
Since last quarter, four more neighborhood web pages have gone live, with an additional four under construction. This
brings the total number of `live' neighborhoods to 11, with only one area unclaimed at this time.
The Committee for Citizen Involvement finalized the Neighborhood Network Steering Committee guidelines and
discussed draft guidelines for the Neighborhood Network Beatification/Clean-up events.
1st Quarter Update
The Neighborhood Network program was kicked-off February 2, 2008. Staff distributed 144 Neighborhood Network
packets to approximately 175 participants. About 200 packets have been distributed to date.
Since January 2, more neighborhood web pages have gone `live' for a total of three sites. The fourth site is "under
construction" while training has been conducted with volunteers for two additional neighborhoods with interest
expressed in another.
5. Explore the possibility of placing a parks and greenspaces bond on the ballot in
2010.
3rd Quarter Update
Information for the Council will be supplied through a Park System Master Plan Update and a new
Park SDC study. The update of the Park System Master Plan (PSMP) is progressing as scheduled.
Community input has been obtained through:
■ A formal, scientific telephone survey asking questions first posed in 2004.
■ An online survey. (This survey was also mailed to those who requested it.)
■ A community questionnaire offered at the City's Balloon Festival booth.
■ Informal meetings held with recreation group providers and individual stakeholders.
■ A public visioning workshop held September 8. Approximately 20 people attended the visioning
meeting and worked with the consultant, MIG, to help determine the important elements of the
Master Plan. E-mail comments were also received from several people who did not attend the
meeting.
In addition, there have been two technical advisory group meetings to document existing facilities,
maintenance requirements, and staffing.
The results and feedback associated with the update are posted on the City's web site.
The Park System Master Plan update is slated for completion in late 2008 or early 2009. The City will
undertake an update of park system development charges (SDCs) once the Park System Master Plan is
approved by City Council.
Counczl Goal Update 10
The updated Park System Mater Plan and updated SDCs should help the Council decide whether it
wants to pursue a 2010 parks and greenspaces bond measure.
2^d Quarter Update
The update of the Park System Master Plan (PSMP) is moving forward. Community input has been obtained through:
■ A formal scientific telephone survey.
■ An online survey.
■ A community questionnaire offered at the City's Balloon Festival booth.
■ Informal meetings held with recreation providers and stakeholders.
Results from the surveys and questionnaires are currently being compiled and analyzed.
MIG, the consultant working with staff on the PSMP, will present the results of the surveys and questionnaires at the
August 11, 2008 Park and Recreation Advisory Board (DRAB) meeting. The PRAB will then hold a visioning meeting on
September 8, 2008 working towards the initial draft of the PSMP. The public will have another opportunity to comment
on the PSMP at the September 8 PRAB meeting.
111 Quarter Update
On March 12, 2008 the Parks Master Plan process got underway to develop a needs analysis.
6. Make a decision on Tigard's long-range water source(s).
3,d Quarter Update
Goal Completed. Tigard executed a partnership agreement with the City of Lake Oswego in August.
This partnership allows both cities to access and develop additional domestic water supplies from the
Clackamas River. These additional supplies are expected to be online by 2016. Staff is now focusing on
financial, technical and legal tasks associated with the implementation of the agreement.
Tigard continues to pursue additional future water source opportunities with the City of Tualatin and
City of Sherwood. This source(s), when combined with our Lake Oswego partnership, will provide the
Tigard Water Service Area with an adequate, secure, and economical water supply well into the later
part of this century.
2nd Quarter Update
A draft Intergovernmental Agreement has been written. Both Lake Oswego and Tigard are scheduled to execute the
agreement on August 5, 2008, securing a long-term water source for the city.
Pt Quarter Update
Staff collaborated with citizens and Tualatin Valley Community Television (TVCTV) to write and produce a video for
educational purposes called "WATER FOR TOMORROW." The video was viewed at the Council meeting of March 25
and citizen volunteers were honored.
Staff and representatives from Tigard Council and Lake Oswego Council have been meeting regularly during the first three
months of the year to discuss a long-term water source development partnership.
A joint meeting between Tigard City Council and the Lake Oswego City Council will be held on April 15, 2008
Council Goal Update