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City Council Packet - 06/23/2009 I N tl TIGARD City of Tigard TIGARD CITY COUNCIL MEETING June 23r 2009 COUNCIL MEETING WILL BE TELEVISED I :\Ofs \Donna's \Ccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov Revised 6/19/09 - Added Oregon National Guard Month Proclamation, Page 2 BD g City of Tigard Tigard Business Meeting — Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE: June 23, 2009 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 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 - 639 - 4171, ext. 2410 (voice) or 503 684 - 2772 (TDD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB/CCDA AGENDA - June 23, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard - or.gov I Page 1 of 6 City of Tigard ®` Ti and Business Meetin g — Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (ccDA) MEETING DATE /TIME: June 23, 2009/6:30 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 • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (a) and (h) to discuss employment of public officers, employees and agents; discuss labor ,negetiations; and current /pending litigation. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action: or making any final decision. Executive Sessions are closed to the public. 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 ➢ PROCLAMATION: OREGON NATIONAL GUARD MONTH - JULY 2009 • Mayor Dirksen 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce Update: Chief Executive Officer Chris Zoucha • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication 7:45 PM 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes for April 28, 2009 3.2 Approve FY 2009 Edward Byrne Memorial Justice Assistance Local Solicitation Grant Application TIGARD CITY COUNCIL /LCRB /CCDA AGENDA - June 23, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 639 - 4171 I www.tigard- or.gov I Page 2 of 6 3.3 Enter into a Grant Agreement with Oregon Water Resources Department (OWRD) and an Intergovernmental Agreement (IGA) with Co-Grantee Clean Water Services (CWS) to Study Water Reuse Options in Downtown Tigard 3.4 Approve Intergovernmental Agreement (IGA) with Washington County for Administration of Countywide Transportation Development Tax (TDT) and Traffic Impact Fee (TIF) - Resolution No. 09 -46 A RESOLUTION OF THE CITY COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY FOR ADMINISTRATION OF THE TRANSPORTATION DEVELOPMENT TAX (TDT) AND TRAFFIC IMPACT FEE Item 3.5 removed from the Consent Agenda. 3.5 Approve Intergovernmental Agreement (ICA) with Washington County for Flashing Yellow Arrow Project Resolution No. 09 3.6 Approve Intergovernmental Agreement with Tualatin Valley Fire and Rescue Relating to the Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park 3.7 Approve Amendment to the Bylaws of the Transportation Advisory Committee - Resolution No. 09 -47 A RESOLUTION OF THE CITY COUNCIL AMENDING THE BYLAWS OF THE • • TRANSPORTATION ADVISORY COMMITTEE (TAO • 3.8 Local Contract Review Board: a. Award Two Contracts for Certified Arborist and Tree Services and Authorize the City Manager to ' • Execute the Contracts (Primary Contract to Davey Tree Expert Company, Secondary Contract to Buena Vista Arbor .Care Company, Inc.) b. Award . Contract for Tree Planting and Establishment Services to Mears Design Group and Authorize the City Manager to Execute the Contract 7:45 PM 4. PRESENTATION: "IF I WERE MAYOR, I WOULD... " CONTEST WINNERS • Mayor Dirksen 8:00 PM 5. UPDATE: ACTIVITIES OF THE TIGARD YOUTH ADVISORY COUNCIL (NAG) • Police Department 8:15 PM 6. LEGISLATIVE PUBLIC HEARING: DOWNTOWN COLLECTOR STREET STANDARDS COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE AMENDMENTS (CPA2009- 00002 /DCA2009- 00002) a. Open Public Hearing b. Review Hearing Procedures: City Attorney c. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. TIGARD CITY COUNCIL /LCRB /CCDA AGENDA - June 23, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 3 of 6 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. 09 -09 Council Member: I move for adoption of Ordinance No. 09 -09 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 09-09 - AN ORDINANCE AMENDING THE TIGARD COMPREHENSIVE PLAN GOAL 12 - TRANSPORTATION, TRANSPORTATION SYSTEM PLAN CHAPTER 8 (CPA2009- 00002), COMMUNITY DEVELOPMENT CODE (DCA2009- • 00002) CHAPTER 18.810 - STREET AND UTILITY IMPROVEMENT STANDARDS, AND THE TIGARD • MUNICIPAL CODE CHAPTER 10, TO ALLOW VEHICLE. PARKING AND REMOVE THE REQUIREMENT FOR SEPARATE BIKE LANES ON COLLECTOR STREETS WITHIN THE DOWNTOWN URBAN RENEWAL 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. 09 -09 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie wtes = failure to pass. TIGARD CITY COUNCIL /LCRB /CCDA AGENDA - June 23, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov I Page 4 of 6 • 8:35 PM 7. LEGISLATIVE PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA 2008 - 00011) - TIGARD TRANSPORTATION SYSTEM PLAN AMENDMENTS TO INCORPORATE TIGARD 99W IMPROVEMENT AND MANAGEMENT PLAN RECOMMENDATIONS a. Open Public Hearing b. Review Hearing Procedures: 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. 09 -10 • Council Member: I move for adoption of Ordinance No. 09 -10 . Council Member: I second the. motion - . Mayor: • , Will the City. Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 09-10 - AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA2008 -00011 TO UPDATE THE TIGARD TRANSPORTATION SYSTEM PLAN AND COMPREHENSIVE PLAN TO INCORPORATE TIGARD 99W IMPROVEMENT AND MANAGEMENT PLAN RECOMMENDATIONS 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. 09 -10 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. • Note. Tie wtes = failure to pass. TIGARD CITY COUNCIL /LCRB /CCDA AGENDA - June 23, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I Page 5 of 6 9:15 PM 8. UPDATE: URBAN /RURAL RESERVES COMM FI'EE • Community Development Department 9. COUNCIL LIAISON REPORTS 10. NON-AGENDA ITEMS 9:30 PM 11. ADJOURNMENT I: \ADM\CATHY \CCA \2009 \090623 business.doc • • • TIGARD CITY COUNCIL /LCRB /CCDA AGENDA - June 23, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 6 of 6 S+u thy SP g • C� a3 Q. T I G A R D - eo L Tigard City Council 2009 Legislative Priorities Based on Resolution No. 08 -58, the following are Tigard's Legislative Priorities for the 2009 session: ✓ Affordable Housing /Document Recording Fee: Continue to actively support the fee & its passage. HB 2436: Document Recording Fee Support Establishes document recording fee for affordable housing related programs administered through General Housing Account — a new revolving loan fund. Modifies definitions of low income and very low income, adds minority definitions to housing statutes Status: 3/12 (S) Governor signed Sponsor: Rep. Schaufler for Oregon Housing Alliance, Oregon Association of Realtors, Oregon Bankers Association, Oregon Home Builders Association ✓ Transportation Funding: Advocate for increased funding for transportation including the state gas tax that is indexed to increases in population growth, cost of construction and inflation. Actively support funding for light rail in the 99W corridor. Support a review of the allocation of state and federal transportation funds that is equitable and benefits the users of the system. HB 2001: ODOT /Local Government Facilities Sharing Directs Department of Transportation to include specific request for capital construction funding for sharing offices and other facilities with local government in budget request prepared for Oregon Department of Administrative Services. Likely vehicle for 2009 transportation package. Status: 5/29 (S) Third reading. Carried 24 ayes; 6 nays Sponsor: Reps. Beyer, Berger, Bentz, D. Edwards, Hunt and Sens. Metsger, Starr, Courtney, and Johnson 2009 Legislative Session City Council Legislative Priorities Updated: 6/23/2009 1 • TIGARD Based on Resolution No. 08 -58, the following are Tigard's Legislative Priorities for the 2009 session: Transportation Funding (cont.) HB 3379: COCO TPR Bill Authorizes issuance of lottery bonds for transportation projects and the creation of a City Transportation Improvement Fund for grants and loans to cities. Allow cities to apply for extension or submit alternative plan if unable to meet funding requirements of the Transportation Planning Rule. Establishes a Critical Transportation Needs Income Tax Sequestration Pilot Project. Status: 6/19 (S) President signed Sponsor: Reps. D. Edwards, Huffman, Whisnant, Beyer, Schaufler, Stiegler and Sens. Telfer, Ferrioli and Starr HB 2408: Washington County Commuter Rail Support Creates Task Force on Extending Washington County Commuter Rail to Salem. Status: 6/18 (S) Governor signed Sponsor: Reps. Greenlick, Berger, Barker, Bruun, Cannon, Galizio, Garrett, Harker, Komp, Read, Riley, Thatcher and Wingard; Sens. Bonamici and Hass ✓ Land Use /Urbanization: Advocate for legislative action on annexation issues that "does no harm." Actively support studying and then drafting legislation regarding funding for infrastructure and governance of urban unincorporated areas. Support continued funding for the "Big Look" project at the current level. HB 2229: `Big Look" Committee Recommendations Support Establishes four guiding principles as framework for land use system; amends regional land use planning regulations; allows counties to develop regional criteria for designating resource lands; authorizes annexation of land brought into UGB by a city; authorizes audit of program; recommends state strategic plan. Status: 6/17 (H) House concurred with amendments and passed. Sponsor. Gov. Kulongoski for Dept Land Conservation and Development 2009 Legislative Session City Council Legislative Priorities Updated: 6/23/2009 2 • TIGARD Based on Resolution No. 08 -58, the following are Tigard's Legislative Priorities for the 2009 session: Land Use /Urbanization (cont.) No position HB 2230: State Coordination Agreements /Local Government Comp Plans Excludes from definition of "land use decision" local government decision that state agency permit is consistent with statewide land use planning goals and compatible with acknowledged comprehensive plan when local government decision is based on prior local approval of permit for substantially same action. Status: 6/19 (H) President signed Sponsor: Gov. Kulongoski for Dept. Land Conservation and Development SB 794 Condemnation Attorney Fee Provision Provides that defendant in condemnation action may not recover attorney fees from condemner unless amount of just compensation assessed by verdict exceeds highest written settlement offer submitted by condemner before filing of action. Status: 6/18 (H) Speaker signed Sponsor. Senate Committee on Judiciary ✓ Preemption of Local Revenue Sources: Protect all current city revenue sources against reduction or preemption. Actively support the League of Oregon Cities proposal for an alternative revenue system for telecommunications providers. HB 2616 Removes Tobacco Preemption Removes prohibition against local government imposition of taxes on cigarettes and tobacco products. Status: 6/18 (S) Referred to Finance and Revenue Sponsor: Reps. Kahl, Bailey, Barnhart, Buckley, Cannon, Clem, Cowan, Dembrow, Galizio, Garrett, Kotek, Nathanson, Read, Riley, Shields, J. Smith, Stiegler, Tomei, VanOrman, Witt and Sen. Verger 2009 Legislative Session City Council Legislative Priorities Updated: 6/23/2009 3 .1 T I GARD City of Tigard 2009 Legislative Issues of Interest Issue before Legislature Position Status Building Code HB 3462 Building Code Inspection Certification. Allows state Support 6/18 (H) President signed. Building Code Division to establish temporary programs to train and certify specialized building inspectors to enforce portions of (rather than entire) specialty codes. SB 915 Restricts Municipal Enforcement of Building Code. Oppose 6/16 (S) Speaker signed. Prohibits municipality that enforces state building code provision or building requirement by means of municipal ordinance from assessing criminal penalty for ordinance violation if violation of corresponding state building code provision or building requirement is subject to civil penalty. Prohibits municipality from imposing civil penalty for ordinance violation that exceeds maximum civil penalty for violation of corresponding of state building code provision or building requirement. Collective Bargaining HB 2831 Includes Temporary Employees in Bargaining Units. Oppose 6/17 (S) Placed on 6/23 for Includes temporary employees in definition of "appropriate voice vote bargaining unit" for purposes of collective bargaining between public employers and public employees. Employment HB 2495. Limits access to certain public records of State Support 4/1 (H) Chapter 57, Accident Insurance Fund Corporation. Effective date 4/1/09 2009 Legislative Session Other Issues of Interest Updated: 6/23/2009 1 1111 T I GARD Issue before Legislature Position Status SB 707 Employment Reference Immunity. Provides that Support 4/22 (S) Public hearing held employer who discloses information about current or former employee's job performance to prospective employer of employee is presumed to be acting in good faith and immune from civil liability unless presumption is rebutted by clear and convincing evidence. HB 3162 Whistleblower Protection. Make discrimination Oppose 6/17 (S) President signed. against employee who reports violation of state or federal laws, rules or regulations unlawful employment practice. SB 966 Paid Family Leave. Creates Family Leave Benefits Oppose 5/13 (S) Assigned to a Insurance Program to provide benefits to employees taking subcommittee on Human family leave. Services SB 519 Prohibits employer from taking adverse employment Oppose 6/22 (H) President signed action against employee who declines to attend meeting or participate in communication concerning employer's opinion about religious or political matters. Environmental Quality HB 2080 Gray Water Reuse. Defines gray water; directs Support 6/12 (H) Governor signed Department of Environmental Quality to regulate reuse and disposal of gray water. Allows gray water reuse or disposal system even if community or area -wide sewage system is available. Ethics SB 30 Removes Family Members from Statement of Support 4/15 (S) Governor signed Economic Interest. Removes requirement to list names of relatives and members of household on statement of economic interest. 2009 Legislative Session Other Issues of Interest Updated: 6/23/2009 2 I1 1, • T I GARD Issue before Legislature Position Status HB 2518 Exempting Teachers From Gift Limit for 6/22 (H) House passed bill Extracurriculars. Exempts from definition of "gift," for purposes of ethics laws, reasonable expenses paid to teacher for extracurricular educational services or trips or supervision of student teachers. Finance & Tax HJR 13 Exemption on Indebtedness Regarding Capital Costs. Support 6/17 (S) Work session held Proposes amendment to Oregon Constitution to exempt local taxing districts from certain limitations on bonded indebtedness if bonded indebtedness is incurred to finance capital costs. Finance & Tax: Property Tax SJR 35 Property Tax. Proposes revision of Oregon Oppose 4/22 (S) Public hearing Constitution relating to ad valorem property taxation. scheduled SJR 36 Min AV =50% RMV; Max AV = 75% RMV. Proposes Support 4/22 (S) Public hearing amendment to Oregon Constitution creating minimum scheduled assessed value for property taxation equal to 50 percent of real market value and maximum assessed value for property taxation equal to 75 percent of real market value. SJR 37 Property Tax Exception Valuation. Proposes Support 4/22 (S) Public hearing amendment to Oregon Constitution changing exception scheduled valuation of property to 75 percent of real market value. Finance & Tax: SDCs HB 2107 County Road Improvement Indebtedness. Modifies No opinion 6/18 (H) President signed maximum limit on amount of bonded indebtedness for road improvements in unincorporated areas. 2009 Legislative Session Other Issues of Interest Updated: 6/23/2009 3 • • • TIGARD Issue before Legislature Position Status Franchise Fees HB 2405 Voice Over Protocol Recognition. Prohibits, Oppose 4/22 (H) Work session department, agency, commission or political subdivision of scheduled state from regulating Voice Over Internet Protocol service and Internet Protocol - enabled service. Health Insurance HB 3000 Health Insurance Coverage for Autism Spectrum Support 5/1 (H) Referred to Rules Disorders. Requires health care facilities and health care by order of the Speaker providers to use interoperable electronic health information system by December 15, 2005. Miscellaneous HJR 42 Time, Place, Manner Restrictions on Adult Businesses. Support 6/4 (H) Vote explanation Proposes amendment to Oregon Constitution to provide that filed by Garrett right of free expression may not be construed to limit or restrict local government from imposing reasonable time, place and manner regulation on operations of nude dancing businesses and establishments. HB 3321 Local Government Consolidation. Creates Task Oppose 4/23 (H) Public hearing Force on One Local Government to study consolidation of scheduled local government entities. HB 2184 Oregon Bottle Bill. Establishes goal for beverage Support 5/5 (H) Motion to refer to container return rate. Revenue carried HB 2042 Rights of Way on County Roads. Provides that 4/21 (H) Work session person's right and privilege to construct, maintain, operate scheduled water, gas, electric, or communications lines, fixtures, or facilities free of charge along public roads does not under jurisdiction of county. 2009 Legislative Session Other Issues of Interest Updated: 6/23/2009 4 UI T I GARD Issue before Legislature Position Status HB 3056 Urban Renewal Negotiated Bill. Requires 50 percent 6/16 (S) House passed bill. of increment to be added to total assessed value of property within urban renewal area whenever increment equals total assessed value. SB 719 UGB Revolving Loan Fund. Establishes Urban 4/28 (S) Assigned to Growth Boundary Expansion Area Revolving Loan Fund to Subcommittee on finance eligible infrastructure projects in UGB expansion areas. Transportation and Economic Development Municipal Liability HB 2879 Extends landowner's immunity for public's 4/21 (H) Work session recreational use of land, woodcutting and harvest of special scheduled forest products to paths, trails, roads, watercourses and other right of way that are used by person to reach land for recreational purposes, woodcutting or harvest of special forest products. Police SB 708 Mandating Employers Provide Police Background Support 4/22 (S) Public hearing Information on Police Applicants. Provides that if person scheduled applies for employment with law enforcement agency all former and current employers of person, and all employers to which employee has made application for employment, upon request must provide to law enforcement agency all information available to employers relating to person. Right SB 269 Utility Relocation. Prescribes manner in which public Oppose 6/16 (H) Speaker signed body may require utility to relocate facilities located in public right -of -way. 2009 Legislative Session Other Issues of Interest Updated: 6/23/2009 5 (Prepared by the League of Oregon Cities - May 2009.1 11 II i"i , i LEAGUE 21 Oregon CITIES Frequently Asked Questions Regarding the Annual Statement of Economic Interests The League of Oregon Cities has prepared this list of frequently asked questions to assist city officials with annual SEI filing requirements. If you have a question that isn't addressed below, you are encouraged to contact your city attorney or private legal counsel. You may also contact Chad Jacobs at the League at 1- 800 - 452 -0338 or ciacobs Finally, you may contact the staff of the Oregon Government Ethics Commission (OGEC) at 503 - 378 -5105 or ogec.mail Q: What forms do I need to file? A: Public officials are required to file only the Annual Statement of Economic Interests. With the passage of SB 30 (2009), public officials are no longer required to file Quarterly Public Official Disclosure Forms. Q: When is the next filing due? A: The next filing deadline is April 15, 2010. Any public official who holds office on April 15, 2010 is required to file an Annual Statement of Economic Interests even if the public official did not hold office during the 2009 calendar year. Q: What time periods do the forms cover? A: Annual Statements of Economic Interests are like your taxes — they disclose information regarding the previous calendar year. As such, your 2010 Annual Statement of Economic Interests will need to disclose the economic interests you held between January 1, 2009 and December 31, 2009. Q: Where can I get a blank Annual Statement of Economic Interest? A: Forms for annual filings are personalized and will be issued to you by the OGEC prior to the required filing date. A sample form from 2009 is available from OGEC at: http: / /www.ospc.state.or. us/OGEC/docs/Forms/SEI-09-form-sample.pdf Q: The form is due tomorrow. Do I have to drive to Salem to drop it off? A: No. Statements of Economic Interest postmarked on or before the due date will be accepted as filed on the due date. Although not required, you may wish to send the form to OGEC by certified mail because a certified mail receipt will assure that you will not be penalized if your completed form is lost in the mail. Finally, you should make a copy of a completed form and retain it for your records and to provide to OGEC if your form is lost in the mail. Q: What do I have to disclose on my Annual Statement of Economic Interests? A: You must disclose information about: • businesses in which you or a member of your household were an officer or director; • businesses under which you or a member of your household did business; • sources of income received by your or a member of your household that produce 10 percent or more of the total annual household income; • all real property within the geographical boundaries of your city (residential, commercial, vacant land, etc. other than your principal residence) in which you or a member of your household had any ownership interest, any option to purchase or sell, or any other right of any kind in real property, including a land sales contract if the real property is located; • any compensated lobbyist who was associated with a business with which you or a member of your household was also associated; • the amount of any expenses with an aggregate value exceeding $50 provided to you when you participated in a convention, mission, trip or other meeting if you delivered a speech, made a presentation, participated on a panel or represented your city provided that the payment was made by the federal government, a state or local government, a Native American tribe that is recognized by federal law or formally acknowledged by a state, a membership organization to which your city pays membership dues or a not - for - profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code; • the amount of any expenses with an aggregate value exceeding $50 provided to you when you participated in a mission or negotiation or economic development activity as a representative of your city; • all honoraria exceeding $15 received by you or a member of your household; and • for individuals or businesses that (1) did business with, or reasonably could be expected to do business with your city; or (2) have a legislative or administrative interest in your decisions or votes, you must disclose information about: a. debts of $1,000 or more owed by you or a member of your household to any person other than loans from state or federally regulated financial institutions (banks) or retail credit accounts; b. businesses in which you or a member of your household had a personal, beneficial or investment interest with a value of more than $1,000; and c. each person for whom you performed a service for a fee of more than $1,000 unless prohibited from doing so by law or a professional code of ethics. Q: Am I required to declare the value of each business investment I own on my Annual Statement of Economic Interests? A: No. You are required to report only the name, address and business description of any business in which you or a member of your household holds an investment with a value in excess of $1,000 if the business (1) did business with, or reasonably could be expected to do business with your city; or (2) has a legislative or administrative interest your decisions or votes. You are not required to disclose the amount invested. Q: Am I required to list on my Annual Statement of Economic Interests the individual investments held by a mutual fund in which I hold shares? A: No. You are not required to detail the investments held by a mutual fund even if the fund holds an investment in a company that (1) did business with, or reasonably could be expected to do business with your city; or (2) has a legislative or administrative interest your decisions or votes. Q: Do I have to disclose information about nonprofit organizations on whose board of directors my spouse serves in a volunteer capacity? A: No. For the purposes of the form, a business includes any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self - employed individual and any other legal entity operated for economic gain. It does not include not - for- profit corporations that are tax exempt under section 501(c) of the Internal Revenue with which a public official or relative of a public official is associated in a non - compensated capacity. Q: Do I have to disclose the amount of money I or a member of my household made last year on my Annual Statement of Economic Interests? A: No. Income you receive must be reported in two ways. First, you must report sources of income received by your or a member of your household that produce 10 percent or more of your total annual household income. Second, you are required to report the name of each person for whom you performed a service for a fee of more than $1,000 if the person (1) did business with, or reasonably could be expected to do business with your city; or (2) has a legislative or administrative interest your decisions or votes. You are not required to report anywhere on the form either the total amount of income you or a member of your household received last year or the amount received from any specific source. Q: Do I have to report the name of a corporation for which I provided a service? A: Possibly. For the purposes of the form, a person includes any individual, corporation, partnership, joint venture and any similar organization or association. Accordingly, you are required to report the corporation's name on your Annual Statement of Economic Interests if you provided services for a fee of more than $1,000 to the corporation and the corporation (1) did business with, or reasonably could be expected to do business with your city; or (2) has a legislative or administrative interest your decisions or votes. Q: My family owns rental property in another city. Do I have to disclose this information on my Annual Statement of Economic Interests? A: No. You are required only to disclose interests in real property located within the geographical boundaries of the city on whose council you serve. You might be required to disclose information regarding the source of the rental income you receive from this property if the income from the rental property produces 10 percent or more of your total annual household income. Q: Do I have to disclose my personal residence on my Annual Statement of Economic Interests? A: No. Although you must disclose interests in real property located within your city you do not have to disclose the address of your personal residence. Q: Do I have to declare the amount of the debts I owe on my Annual Statement of Economic Interests? A: No. You are only required to report the name of the creditor, the date of the loan and the interest rate of the loan. In addition, you are required to report this information only if you or a member of your household owe the debt to a person who (1) did business with, or reasonably could be expected to do business with your city; or (2) has a legislative or administrative interest in your decisions or votes. You are not required to report any information regarding credit card debt or mortgages or loans from federally regulated banks or credit unions. Q: What happens if I fail to file a report? A: Failure to complete and file an Annual Statement of Economic Interests or a Quarterly Public Official Disclosure Form by the final date for filing may subject you to an automatic civil penalty of $10 for each of the first 14 days the statement is late and $50 for each day thereafter, up to a maximum penalty of $5,000. Before OGEC can impose such penalties, OGEC must provide a public official with notice of the failure to file and give the public official not less than 15 days to comply with the filing requirements. In addition to the monetary penalty described above, the Commission may notify your city of your failure to file and from that date forward (1) preclude your city from paying you any compensation, if you receive any, and (2) prohibit you from taking any official action. Q: Is it a class C felony for failing to file? A: No. It is not a felony of any kind if you fail to file or if you file late. But it is a class A misdemeanor false swearing violation to sign and certify an Annual Statement of Economic Interests or a Quarterly Public Official Disclosure Form if you know that the statement contains information that is false. Q: Where should I go if I have additional questions? A: You should consult with your city attorney or your private legal representative for ethics advice. In addition, you may contact the League's general counsel, Chad Jacobs, at 1- 800 - 452 -0338 or ciacobs(a�orcities.orq for assistance. Finally, you might want to consider asking the OGEC for assistance. State ethics laws provide a "safe harbor" from penalties for a public official that acts in accordance with formal opinions or staff advice issued by the OGEC. Please keep in mind that this provision only provides protection if you supply ALL of the pertinent information regarding your situation. You can reach OGEC staff at 503 - 378 -5105 or ogec.mail(a�state.or.us AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: June 23, 2009 (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 or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. winezerear 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 # 3- a Meeting Date June 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Approve FY 2009 Edward Byrne Memorial Justice Assistance Local Solicitation Grant Application - - ,,/� Prepared By: Chief Bill Dickinson Dept Head Approval: 4i/v" 4' City Mgr Approval: a ISSUE BEFORE THE COUNCIL Should the City Council approve an application to the Department of Justice for the 2009 Edward Byrne Memorial Justice Assistance Grant in the amount of $20,903. STAFF RECOMMENDATION Staff recommends approval of the grant application. KEY FACTS AND INFORMATION SUMMARY The Police Department was recently notified by the Department of Justice that the City qualified for applying to receive an Edward Byrne Memorial local solicitation grant in the amount of $20,903. This local allocation is based on a formula that uses a base Justice Assistance Grant (JAG) formula and then adjusted using each state's share of the national population and the state's share of the country's part 1 violent crimes statistics. Once the state funding is calculated, 60 percent of the allocation is awarded to the state and 40 percent to eligible units of local government. The City of Tigard qualified for this particular grant. One condition of the grant is that the governing body of the jurisdiction must approve the application before it can be submitted to the Department of Justice. It is the intent of the Police Department to use the funds to acquire additional equipment to use in conjunction with an E- ticketing system that was applied for under another Department of Justice grant and approved by the City Council on April 14, 2009. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N /A ATTACHMENT LIST N/A FISCAL NOTES A The City would receive up to $20,903 in federal funds and there is no local match required under the grant guidelines. Agenda Item # 3. 3 Meeting Date June 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Consider Entering into a Grant Agreement with Oregon Water Resources Department (OWRD) and an Intergovernmental Agreement (IGA) with Co- Grantee Clean Water Services (CWS) to Study Water Reuse Options in Downtown Tigard Prepared By: Dennis Koellermeier Dept Head Approval: V City Mgr Approval: !i Y " ISSUE BEFORE THE COUNCIL Shall the Council authorize the City Manager to Enter into a Grant Agreement with Oregon Water Resources Department and an Intergovernmental Agreement with Co- Grantee Clean Water Services to Study Water Reuse Options in Downtown Tigard? STAFF RECOMMENDATION Authorize the City Manager to enter into the Grant Agreement and IGA. KEY FACTS AND INFORMATION SUMMARY • Council has participated in a study session exploring the feasibility of using reclaimed water from the Durham Advanced Water Treatment Plant for water features and other uses in the downtown redevelopment area. • Council concluded the concept had merit and requested further study. This will be performed in two phases. • The City and CWS intend to jointly fund a "Fatal Flaws Analysis" as Phase I. This phase is not grant eligible and will cost the City and CWS $10,000 each. • The City and CWS co- applied for a grant from the Oregon Water Resources Department to partially fund the study. OWRD has awarded $33,173 to the City and CWS. • If the "Fatal Flaws Analysis" concludes the concept is workable, the City will accept the grant and conduct Phase II study. Phase II is anticipated to cost the City $40,000, above the grant amounts. OTHER ALTERNATIVES CONSIDERED Council could choose to not pursue the option of using reclaimed water in the downtown redevelopment area and not authorize the City Manager to enter into the grant agreement and IGA, therefore not participate in the study. This would likely put an end to the study. CITY COUNCIL GOALS None ATTACHMENT LIST 1. Intergovernmental Agreement with Co- Grantee Clean Water Services FISCAL NOTES The City's share of Phase I will be $10,000 from the water fund. If the partners elect to proceed to Phase II, Tigard can anticipate an additional $40,000 expense from the water fund. The City agrees to provide a total contribution not to exceed $50,000. INTERGOVERNMENTAL AGREEMENT BETWEEN CLEAN WATER SERVICES AND THE CITY OF TIGARD FOR THE TIGARD AREA WATER REUSE STUDY This Agreement, dated , 2009, is between Clean Water Services (District) and the City of Tigard, Oregon (City), pursuant to the authority granted in ORS Chapter 190. A. RECITALS A. The District and the City propose to develop the Tigard Area Water Reuse Study (Project) to evaluate the feasibility of expanding the reuse of effluent water from the District's Durham Wastewater Treatment Facility to serve the City's downtown area. B. The District and the City have been offered a grant from the Oregon Water Resources Department (OWRD) to fund a portion of the Project. C. The preliminary scope of work for the Project is described in Exhibit A attached hereto and incorporated herein. The scope may change to benefit the Project as work progresses. NOW, THEREFORE, the parties do mutually agree as follows: B. DISTRICT OBLIGATIONS The District shall: 1. Coordinate with the OWRD and the City to acquire the grant from the OWRD. Comply with the OWRD grant conditions applicable to the District. 2. Serve as the OWRD's fiscal officer for the grant. 3. Receive grant funds from the OWRD and distribute one -half to the City. Make payment to the City within 30 days of receipt of money from the OWRD. 4. Designate a District employee to serve as Project Manager. 5. Coordinate with the City to select a consultant to perform the Project work. Contract with the selected consultant. Administer and manage the consultant's Project work with the City's input. 6. Make payments to the consultant. 7. Invoice the City on a monthly basis as payments are made to the consultant. The City and the District are each responsible for one -half of the consultant's fee. 8. Provide a total contribution not to exceed $50,000 toward the cost of the Project. Intergovernmental Agreement City of Tigard and Clean Water Services Tigard Area Water Reuse Study Page 1 of 4 C. CITY OBLIGATIONS The City shall: 1. Coordinate with the OWRD and the District to acquire the grant from OWRD. Comply with the OWRD grant conditions applicable to the City. 2. Designate a City employee to serve as the Assistant Project Manager. 3. Coordinate with the District to select a consultant to perform the Project work. Assist the District to administer and manage consultant's work on the Project. 4. Reimburse the District for one -half of the consultant's fee. Make payment to the District within 30 days of receipt of each invoice from the District. 5. Provide a total contribution not to exceed $50,000 toward the cost of the Project. D. GENERAL TERMS 1. Laws and Regulations. The City and the District agree to abide by all applicable laws and regulations. 2. Term of this Agreement. This Agreement is effective from the date of execution by both parties and shall remain in effect until the Project is complete and the parties obligations have been fully performed. 3. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the other and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 4. Integration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. 5. Attorney Fees. If any dispute arises concerning the interpretation or enforcement of this Intergovernmental Agreement City of Tigard and Clean Water Services Tigard Area Water Reuse Study Page 2 of 4 Agreement or any issues related to the U.S. Bankruptcy Code (whether or not such issues relate to the terms of this Agreement), the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the nonprevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal. 6. Termination. This Agreement may be terminated immediately by mutual written agreement of both parties, or by either of the parties notifying the other in writing, with the termination being effective 30 days from the date of the written notice. 7. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project managers from each party, the City Manager and the District's General Manager will attempt to resolve the issue. If the City Manager and the District's General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs of the mediation. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. Arbitration shall be conducted pursuant to the rules and procedures of the American Arbitration Association. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 8. Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 9. Severability /Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 10. Approval Required. This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1) the District's General Manager or the General Manager's designee and, when required by applicable District rules, the District's Board of Directors and 2) the City Council and the City Manager. 11. Choice of Law/Venue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. Intergovernmental Agreement City of Tigard and Clean Water Services Tigard Area Water Reuse Study Page 3 of 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CITY OF TIGARD, OREGON CLEAN WATER SERVICES By: By: City Manager Bill Gaffi, General Manager APPROVED AS TO FORM APPROVED AS TO FORM City Attorney District Counsel Intergovernmental Agreement City of Tigard and Clean Water Services Tigard Area Water Reuse Study Page 4 of 4 Agenda Item # 3 Meeting Date 6/23/09 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Intergovernmental Agreement (IGA) between the City of Tigard and Washington County for Administration of the Countywide Transportation Development Tax (TDT) and Traffic Impactt Fee (TIF). Prepared By. Albert Shields Dept Head Approval: I� B Cit Mgr Approval: (' )l C ISSUE BEFORE THE COUNCIL Council is requested to approve an Intergovernmental Agreement (IGA) between the City of Tigard and Washington County regarding the collection and administration of the Countywide Transportation Development Tax (TDT) and Traffic Impact Fee (TIF), making the City eligible to retain those funds for investment in major City streets. STAFF RECOMMENDATION That Council pass the attached Resolution approving the IGA between the City and Washington County and authorizing the City Manager to sign the agreement documents. KEY FACTS AND INFORMATION SUMMARY • Resolution 09 -37 authorizing the City of Tigard to collect and administer the TT was presented to and adopted by Council on June 9, 2009. • Section 4 of that Resolution included a general authorization to adopt IGAs but explicit Council approval of this specific IGA was inadvertently omitted from that previous request. The City Attorney advised staff that this IGA requires the specific review and approval of the City Council. • Council approval of the subject IGA is now requested to complete the requirements for participating in the TDT program. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS 2.a: Move forward with Burnham Street Project. Long Term: Implement Downtown Urban Renewal Plan. Agenda Item Summary, TDT, P. 1. I: \CURPLN\Albert\' 1DT2009\ 060909 IGA DraftCouncil_Agenda Item Summary.docx ATTACHMENT LIST 1. Resolution approving the IGA between the City and Washington County and authorizing the City Manager or City Attorney to sign the agreement. 2. The IGA attached as Exhibit A to the Resolution. FISCAL NOTES Continued receipt of revenue from the TIF (and the 'I'DT) program is included in the approved City budget for the next fiscal year and in projected budgets for future years although significant benefits from the new TDT program will not be realized until there is a recovery in development activity. There is no direct cost to participate in the TDT program. Indirect costs include the time of staff members in already existing positions to explain the program to builders and developers, estimate and collect payments, and account for same. I: \Citywide \Council Packets \Packet '09 \090623 \IGA - Wash Co - TDT and TIF AIS.docx Agenda Item Summary, TDT, P. 2. I: \CURPLN\Albert\ 11)T2009 \060909 IGA DraftCouncil_Agenda Item Summarydocx Agenda Item 3 ` Meeting Date 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: Approval of an Intergovernmental Agreement (IGA) with Washington County for the Flashing Yellow Arrow P . ect Prepared By: A. P. Duenas Dept Head Okay G �'lv City Mgr Okay ,, 0 ISSUE BEFORE THE COUNCIL Council will be requested to approve an IGA (Intergovernmental Agreement) with Washington County to incorporate City signalized intersections in the County's project for flashing yellow arrow installation and to authorize payment from the City's allocated funding under the American Recovery and Reinvestment Act (ARRA) for installation of flashing yellow arrows on Oregon Department of Transportation (ODOT) signals as well. STAFF RECOMMENDATION That Council pass the attached resolution approving the IGA with Washington County and authorizing the City Manager to sign the agreement documents. KEY FACTS AND INFORMATION SUMMARY • The City has been allocated $160,000 in American Recovery and Reinvestment Act (ARRA) funding for Small Fix Congestion Solutions. A significant portion of this funding will be directed towards installation of flashing yellow arrows on City traffic signal systems at 14 intersections in the City. • Additional signals will be added to this list for traffic signals on Oregon Department of Transportation (ODOT) facilities within the City. ODOT is currently compiling the list for their facilities. Preliminary indications are that ODOT will come up with 10 intersections at most bringing the total up to 24 intersections. The estimate for the 24 intersections is $100,000 maximum. • Because Washington County has a much larger project to install flashing yellow arrows, the City requested and the County agreed to incorporate the City and ODOT signals on their project. • This IGA formalizes the agreement between City and County and is required by ODOT before review and approval of the bid documents from the County. • The remaining $60,000 from the ARRA funding will be reserved for either conversion of 4 or 5 intersections in the City from the current traffic loop sensors to video detection for control of traffic signal operations, or enhancements to traffic signal timing on City signals. Both of these projects are County projects that will follow the flashing yellow arrow project in sequence of implementation. OTHER ALTERNATIVES CONSIDERED Install the flashing yellow arrows as a City project at substantially higher processing costs and potentially higher installation cost per signal. COUNCIL GOALS The installation of flashing yellow arrows on City and ODOT facilities supports the long -term Council goals to "Pursue opportunities to reduce traffic congestion in Tigard" and "Seek to improve Hwy 99W corridor." ATTACHMENT LIST 1. Proposed resolution approving the IGA and authorizing the City Manager to sign the agreement documents 2. IGA with Washington County for incorporation of the flashing yellow arrows on City and ODOT facilities in their larger flashing yellow arrow project (attached as Exhibit A to the resolution) FISCAL NOTES The City has been allocated $160,000 in American Recovery and Reinvestment Act (ARRA) funding for Small Fix Congestion Solutions. This funding will pay for installation of flashing yellow arrows on 14 City signalized intersections and approximately 10 ODOT signals. The estimated cost for 24 intersections is $100,000. The remaining $60,000 will be directed to one of two County traffic signal enhancement projects. is \eng \gus \council agenda summaries \2009 \6 -23 -09 iga with washington county for the area flashing yellow arrows project ais.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH WASHINGTON COUNTY TO INCORPORATE CITY SIGNALIZED INTERSECTIONS IN THE COUNTY'S FLASHING YELLOW ARROW INSTALLATION PROJECT AND TO AUTHORIZE PAYMENT FROM THE CITY'S AMERICAN RECOVERY AND INVESTMENT ACT FUNDING FOR FLASHING YELLOW ARROW INSTALLATION ON BOTH CITY AND OREGON DEPARTMENT OF TRANSPORTATION SIGNALS IN THE CITY. WHEREAS, the City has been allocated $160,000 in American Recovery and Reinvestment Act (ARRA) funding for Small Fix Congestion Solutions; and WHEREAS, a significant portion of this funding will be directed towards installation of flashing yellow arrows on City traffic signal systems at selected locations; and WHEREAS, because Washington County has a much larger project to install flashing yellow arrows, the City requested and the County agreed to incorporate the City signals in their project; and WHEREAS, Oregon Department of Transportation signals located in the City will also be incorporated into the County's project; and WHEREAS, the City's ARRA funding allocation is proposed as the funding source for both City and ODOT signals included in the project; and WHEREAS, an Intergovernmental Agreement between the City and Washington County is required for the County staff to provide those services and to receive authorization from the City for ODOT to pay for the installations from the City's ARRA funding. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The agreement attached as Exhibit A to this Resolution is hereby approved, and the City Manager is authorized to sign the agreement documents. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of , 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09- Page 1 EXHIBIT A INTERGOVERNMENT AGREEMENT BETWEEN: Washington County and City of Tigard FOR TRAFFIC SIGNAL IMPROVEMENTS TO Provide Yellow Flashing Arrows and Remove Interior Illuminated Signs at Various Locations THIS AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "County "; and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "City ". RECITALS 1. County and City have determined that traffic signal work related to Flashing Yellow Arrows & Illuminated Sign Replacement (Project) at various locations within City should be undertaken. These signals and signs are either under City or Oregon Department of Transportation (ODOT) jurisdiction. These improvements include: The design and replacement of traffic signal heads with bi -modal flashing yellow arrow heads and removal of any interior illuminated signs on mast arm /span wire. 2. County and City have agreed that the City shall fund the Project through the City's share of funds through the American Recovery and Reinvestment Act (ARRA) administered by ODOT. These funds shall be used for both City and ODOT signals and signs included in the project. . Work includes associated engineering, design, and construction management and inspection costs and that the County will provide staff to administer the design and the work performed by the construction contractor. 3. ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has the authority to perform. It is the desire of the County and City to enter into an agreement to allocate responsibilities for design and construction of the Project. 5. Execution of this Agreement has been authorized by appropriate action of the governing body of each of the parties. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. COUNTY OBLIGATIONS Upon execution of this agreement, County shall assign a project manager to be responsible for construction administration, oversight and coordination of the Project with the City. County shall administer, manage and inspect the project in accordance with Oregon Department of Transportation construction administration requirements. County shall design the Project to City and State standards, where applicable, except as otherwise agreed in writing by the City Engineer. County shall provide the City with at least ten (10) work days to review plans and specifications at 100% design completion. County shall ensure that the construction contract names both the City and County as additional insured and indemnifies the City and County. County shall assure the project is constructed according to the plans approved by City. County shall remedy any defects in the work that occur within one year of project completion. County shall maintain accurate records of its performance of this Agreement including any expenditure, including staff time for the Project. These records shall be available for examination by the City upon reasonable notice. County shall bill ODOT for its staff costs for services provided for the Project. County shall provide the following services: Project Management, Planning and Public Involvement, Preliminary Design, Land Use Approval and Permitting, Final Design, Other Required Permits, Perform onsite field construction monitoring and verification Perform field measurements and calculations and prepare documentation and monthly progress estimates for payment; Collect, review, and file documentation associated with quality and origin of materials; Perform environmental and permit coordination and compliance monitoring; Provide verification of daily progress; Verify certification of project completion; Facilitate and distribute pre- construction meeting minutes; Facilitate and distribute project progress meeting minutes; Take and make available photographs of project construction; Review requested design changes; Develop project manager's narrative for project construction; Provide project information and submit required documentation to City at completion of project; Page 2 of 7 Negotiate contract Change Orders. 2. CITY OBLIGATIONS 2.1 City shall, upon execution of the Agreement, assign a project manager to be responsible for coordination of the Project with the County. City shall be responsible for the following services: City Required Permits. City hereby grants County the right to enter into and occupy City road right -of -way for purposes of design relating to the project. Upon approval of project plans by City, County shall have the right to enter into and occupy said right of way to complete construction of this project. City shall review and comment on submittals within the time frames established in paragraph 1.2. Any objection of the City to preliminary or final plans and specifications shall be resolved through consultation between the County Engineer and the City Engineer. City shall approve final project plans in writing through its City Engineer or designee. This written approval and this Agreement shall serve as the permit to County for the Project. No fee or monetary assurance shall be required. 3. COMPENSATION 3.1 City shall be responsible for all Project costs including design and construction tasks. The estimated cost of the Project is $100,000. City shall authorize ODOT to reimburse County for Project related costs using the City share of ARRA funds, after receipt of a County invoice meeting ODOT requirements. 4. GENERAL PROVISIONS 4.1 LAWS OF OREGON The parties shall comply with all applicable laws and regulations regarding the handling and expenditure of public funds. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapter 279 to be included in public contracts are incorporated and made a part of this Agreement as if fully set forth herein. 4.2 DEFAULT Page 3of7 Time is of the essence in the performance of the Agreement. Either party shall be deemed to be in default if it fails to comply with any provisions of this Agreement. The non - defaulting party shall provide the other party with written notice of default and allow thirty (30) days within which to cure the defect. 4.3 INDEMNIFICATION This Agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other party, and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omissions of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees and agents. In addition, each party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this agreement. 4.4 MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by both parties. 4.5 DISPUTE RESOLUTION The parties shall attempt to informally resolve any dispute concerning any party's performance or decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement. A neutral third party may be used if the parties agree to facilitate these negotiations. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both parties for a recommendation or resolution. 4.6 REMEDIES Subject to the provisions in paragraph 4.5, any party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of this Agreement. All legal actions shall be initiated in Washington County Circuit Court. The parties, by signature of their authorized representatives below, consent to the personal jurisdiction of that court. Page 4 of 7 4.7 EXCUSED PERFORMANCE In addition to the specific provisions of this Agreement, performance by any party shall not be in default where delays or default is due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of GOD, governmental restrictions imposed on mandated by governmental entities other than the parties, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance that are not within the reasonable control to the party to be excused. 4.8 SEVERABILITY If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement will not be affected or impaired in any way. 4.9 INTEGRATION This Agreement is the entire agreement of the parties on its subject and supersedes any prior discussions or agreements regarding the same subject. 5. TERM OF AGREEMENT 5.1 The term of the Agreement shall be from the date of execution until the completion of the Project, but not to exceed four (4) years. 5.2 This Agreement may be amended or extended for periods of up to one (1) year by mutual consent of the parties. It may be canceled or terminated for any reason by either party. The parties shall, in good faith, agree to such reasonable provisions for completion of the Project and paying for any additional costs as necessary. Page 5of7 DATED this day of 2009. CITY OF TIGARD, OREGON CITY MANAGER ATTEST: CITY RECORDER APPROVED AS TO FORM: CITY ATTORNEY Page 6 of 7 DATED this day of 2009. WASHINGTON COUNTY, OREGON BOARD OF COUNTY COMMISSIONERS RECORDING SECRETARY APPROVED AS TO FORM: COUNTY COUNSEL Page 7of7 Agenda Item # 3. 6 Meeting Date June 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon . Issue /Agenda Title Consider an Intergovernmental Agreement with Tualatin Valley Fire & Rescue Relating to the Joint Development of the Walnut Street Fire Station and Expansio nd I provement of Jack Park d Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the Council authorize the Mayor to sign an Intergovernmental Agreement (IGA) with Tualatin Valley Fire and Rescue (TVF &R) regarding the joint development of the Walnut Street fire station and the expansion and improvement of Jack Park? STAFF RECOMMENDATION Approve the IGA. KEY FACTS AND INFORMATION SUMMARY • The Council approved a Memorandum of Understanding (MOU) at their December 19, 2006 meeting regarding the joint development of the Walnut Street fire station and the expansion and improvement of Jack Park. • TVF &R purchased property at 12585 SW Walnut Street in Tigard and constructed a new fire station on the site. The station includes an enhanced community room. The City agreed to pay for a portion of the community room and associated parking. The community room is available for City use at no cost for city- sponsored meetings, community events and recreational activities, subject to availability. • The purchased property is adjacent to the City's Jack Park. • TVF &R does not need the entire property for the new fire station and is selling the remaining property to the City. • The City is purchasing the excess property in order to expand and improve Jack Park by providing public access to the park via Walnut Street, a parking area and park signage. • The City attorney has reviewed and approved the IGA. OTHER ALTERNATIVES CONSIDERED The City signed the MOU and committed to this joint development project in 2006. CITY COUNCIL GOALS None ATTACHMENT LIST IGA Relating to the Joint Development of Walnut Street Fire Station and Expansion and Improvement of Jack Park Exhibit A — Memorandum of Understanding Exhibit B — Actual and Projected Costs FISCAL NOTES Based on System Development Charges methodology, the property will cost the City $276,850. Improvements are expected to add another $160,657 to the project for a total project cost of $437,507. Payment is not due until one (1) year following the issuance of a certificate of occupancy for the Walnut Street Fire Station. • INTERGOVERNMENTAL AGREEMENT RELATING TO THE JOINT DEVELOPMENT OF WALNUT STREET FIRE STATION AND EXPANSION AND IMPROVEMENT OF JACK PARK THIS INTERGOVERNMENTAL AGREEMENT ( "Agreement ") is made and entered into by and between the City of Tigard, an Oregon municipal corporation, acting under authority of its City Charter ( "City "), and Tualatin Valley Fire & Rescue, A Rural Fire Protection District ( "TVF &R "). WHEREAS, on December 5, 2006, the City and TVF &R entered into a Memorandum of Understanding (the "MOU ") regarding the joint development of the Walnut Street Fire Station and expansion and improvement of Jack Park, a copy of which is attached as Exhibit A. WHEREAS, the parties have previously proceeded with the joint development under the terms of the MOU as extended. WHEREAS, the parties now wish to memorialize this Agreement as set forth herein. NOW, THEREFORE, it is agreed between the parties under authority of ORS Chapter 190 as follows: 1. Purchase of Land. The surplus land to be sold to the City for expansion of Jack Park has been identified, and the parties have agreed to the designation of the surplus land as greenway property or developable land. The land to be sold is identified in the final plans which the parties will be submitting in a joint land use application for adjustment of the property line separating the respective properties owned by the parties. Upon obtaining final approval for the property line adjustment of the property to be sold to the City from TVF &R's property, the City will pay TVF &R $276,850, as set forth below in Section 5. The purchase price is based on the MOU agreed price of $250,000 per acre for developable land and $130,000 per acre for greenway property. Upon receipt of all of the funds owed under Section 5, TVF &R and City will promptly prepare and convey statutory bargain and sale deeds to effect the transfer of the property to the City and memorialize the resultant boundaries of the parcels owned by the parties. The City will direct the process and the parties will share responsibility for filing the deeds and associated costs of the property line adjustment as set forth in Exhibit B. Should the City desire to obtain title insurance, or to escrow the funds, it may do so at its own cost. 2. Development Costs. The MOU provided for project management by TVF &R of all improvements, including the construction of public improvements related solely to Jack Park. The parties agree that there were no improvements related solely to Jack Park. Upon recording of the deeds finalizing the property line adjustment as more fully described in Section 1 above, the City will assume all responsibility for landscape maintenance of the vegetated corridor located within the boundaries of the property to be conveyed hereby and that water quality swale as required by CPU 2007 -0003. TVF &R will have no further responsibility with respect thereto. 3. Joint Development Costs. The MOU also provided for joint development of public improvements that would benefit both Jack Park and TVF &R's fire station, and to the sharing of those costs proportionately based on the estimated use of the improvement. It was Page 1 - INTERGOVERNMENTAL AGREEMENT RELATING TO THE JOINT DEVELOPMENT OF WALNUT STREET FIRE STATION AND EXPANSION AND IMPROVEMENT OF JACK PARK 46796-35057 147521_5W6/9/2009 k/6/9/2009 agreed that public improvements, based on frontage or area owned by each party, would be shared on that basis. The City also agreed to share in the funding of an enhanced community room. The parties agreed to the scope of the improvements, to the costs for which the City would be responsible, and to the payment process and schedule. Taking all these factors into account, and upon making reasonable efforts to effect a fair allocation of the costs, the parties agree that the sum owed by the City to TVF &R for joint development costs is $160,657. Such sum shall be paid as set forth below in Section 5. 4. Additional Costs. The City and TVF &R are working to complete the property line adjustment of the properties and the improvements. The above obligations are based upon costs, both actual and projected, and the basis for calculating the shared responsibility, if applicable, which are set forth in Exhibit B. Should the final actual costs exceed the costs set forth in Exhibit B, then those costs will be shared on the same basis that the above costs have been allocated, and paid promptly upon demand. 5. Payment Terms. Payment for the land, development costs, and additional costs, is not due until one (1) year following the issuance of a certificate of occupancy for the Walnut Street Fire Station. The amount owed will accrue interest commencing on the first day of the seventh month at the rate paid on funds invested in the Local Government Investment Pool, ORS 294.805, as the rate may change from time to time, until the principal and interest is paid in full. 6. Shared Access Agreement. One of the purposes of the joint development agreement was to provide for public access to Jack Park by way of Walnut Street. The final plans provide for such access to be granted from the TVF &R parking lots located on the community room side of the fire station. TVF &R will maintain the parking lots and provide liability insurance for public usage of the parking lots as part of its policy for the fire station. To the extent a specific pathway or other accessway is deemed by the City to be necessary to provide access from the TVF &R parking lot into Jack Park, the City may construct same in a location mutually- approved by the parties. The City will be responsible for construction, maintenance, and repair of any such pathway and for public liability insurance as part of its policy for Jack Park. Each party shall indemnify, defend and hold harmless the other party from liability for public usage of its respective property. 7. Modifications. Any modifications to this Agreement shall be in writing, approved by both parties, and executed by both parties. [Remainder of Page Intentionally Left Blank] Page 2 - INTERGOVERNMENTAL AGREEMENT RELATING TO THE JOINT DEVELOPMENT OF WALNUT STREET FIRE STATION AND EXPANSION AND IMPROVEMENT OF JACK PARK 46796-35057 147521_51k./6/9/2009 8. Notices. Any notices pursuant to this Agreement shall be in writing, delivered from one to the other by United States Postal Service, certified mail, return receipt requested, to the following: TVF &R: CITY: Gary Wells Dennis Koellermeier Director of Logistics Public Works Director Tualatin Valley Fire & Rescue City of Tigard 20665 SW Blanton Street 13125 SW Hall Blvd. Aloha OR 97007 Tigard OR 97223 Email: gary.wells @tvfr.corn Email: dennis@tigard.or.gov Phone: (503) 642 -0331 Phone: (503) 639 -4171, ext. 2596 Fax: (503) 642 -9655 Fax: (503) 684 -8840 9. Mediation and Arbitration. The parties mutually agree that any dispute between the parties arising out of or related to this Agreement shall be submitted to mediation before a mediator as soon as reasonable after such dispute arises, but in any event prior to the commencement of arbitration or litigation. The mediation fees and mediator's expenses shall be shared equally by the parties. The parties agree to exercise their best efforts in good faith to resolve all disputes in mediation. Disputes not resolved by mediation shall be decided by binding arbitration. The demand for arbitration shall be in writing and provided to the other party. ORS 190.710 through 190.800 shall govern arbitration between the parties. The prevailing party in any arbitration shall be entitled to, and the arbitrator or arbitrators shall award, its costs and fees, including attorney fees and the arbitrator's fees, incurred or necessitated by the arbitration, including fees and costs in mediation. This Section shall not be construed to prevent a party from seeking equitable relief for a breach of this Agreement. 10. Attorney Fees. If either party is required to take any action to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney fees incurred in an action as set by arbitration or the trial court and, in the event of appeal, as set by the appellate courts. 11. Applicable Law. This Agreement shall be construed, applied, and enforced in accordance with the laws of the state of Oregon. 12. Entire Agreement/Survival of Closing. This Agreement, as it may be modified in writing by the parties, sets forth the entire understanding of the parties with regard to the matters described herein. The Memorandum of Understanding previously executed by the parties in December 2006 is replaced by this Agreement and of no further force and effect upon full execution hereof; provided, however, that TVF &R's agreement to allow use of the community room at no cost for city- sponsored meetings, community events and recreational activities, subject to availability, shall survive. The covenants, agreements, representations, and warranties made herein shall survive the close of escrow and shall not merge into the deed and the recordation of it in the official records. Page 3 - INTERGOVERNMENTAL AGREEMENT RELATING TO THE JOINT DEVELOPMENT OF WALNUT STREET FIRE STATION AND EXPANSION AND IMPROVEMENT OF JACK PARK 46796 -35057 147521 51W6/9/2009 13. Statutory Notice: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. IN WITNESS WHEREOF, this Agreement has been approved by the respective governing authority of each party as of the dates set forth below, to be effective on the date of last execution. TUALATIN VALLEY FIRE DISTRICT, CITY OF TIGARD, an Oregon municipal A Rural Fire Protection TVF &R corporation, acting under authority of its City Charter By: By: (Signature) (Signature) Title: Title: Date: , 2009 Date: , 2009 RESOLUTION AND DATE OF APPROVAL: RESOLUTION AND DATE OF APPROVAL: Page 4 - INTERGOVERNMENTAL AGREEMENT RELATING TO THE JOINT DEVELOPMENT OF WALNUT STREET FIRE STATION AND EXPANSION AND IMPROVEMENT OF JACK PARK 46796 -35057 14752 1 51 k/6/9/2009 Exhibit A Cb MEMORANDUM OF UNDERSTANDING V'Y between TUALATIN VALLEY FIRE AND RESCUE and THE CITY OF TIGARD December 5, 2006 JOINT DEVELOPMENT OF THE WALNUT STREET FIRE STATION AND EXPANSION AND IMPROVEMENT OF JACK PARK This Memorandum of Understanding (MOU) is entered into between Tualatin Valley Fire and Rescue, hereinafter referred to as "TVF &R," and the City of Tigard, hereinafter referred to as "Tigard." A. PURPOSE The purpose of this MOU is to put in writing the parties' understanding as to the responsibilities related to the joint development of TVF &R's Walnut Street Fire Station and the expansion and improvement of Tigard's Jack Park. The parties recognize that the transaction will require further documentation and approvals, including the preparation and approval of formal agreements; nevertheless, they execute this letter to evidence their intention to proceed in mutual good faith to complete work required to negotiate terms of an agreement that are consistent with this MOU. B. RECITALS 1. In June of 2006, TVF &R purchased land, (tax lot 2S104AD04500), located at 12585 SW Walnut Street in Tigard. TVF &R intends to build a new fire station on the site. 2. With regard to the Walnut Street parcel, TVF &R currently estimates that approximately .75 acres of developable land and 1.2 acres of open space will not be needed for the new fire station project. 3. Tigard's Jack Park abuts the TVF &R property to the north and Tigard is interested in participating in TVF &R's project and ultimately purchasing the surplus real property to expand Jack Park, provide public access to the park via Walnut Street, and to construct park improvements such as a parking area and park signage. TVF &R /Tigard MOU 12/5/06 Joint Development of the Walnut Street Fire Station and Expansion and Improvement. of Jack Park Page 1 of 6 tr C. NDERSTANDINGS 1. Joint Project The parties anticipate TVF &R will develop the fire station and be responsible for costs associated with the fire station and Tigard will develop the park and be responsible for costs associated with the park. The parties also contemplate there will be shared amenities and improvements, possibly including shared parking and driveways, and the parties will share the costs of shared improvements according to anticipated usage of those improvements. As detailed below, the parties also contemplate an expanded community room in the fire station that will be available for use by Tigard. 2. Purchase of Surplus Land TVF &R agrees to sell any developable land and open space surplus property at the new Walnut Street property to Tigard. Tigard agrees to purchase both the surplus developable land and open space provided the property facilitates access between Jack Park and Walnut Street and is sizeable enough to provide public benefit in the form of improved park facilities and /or access. 3. Purchase Price TVF &R and Tigard agree the surplus land will be sold /purchased for $130,000 per acre for greenways and $250,000 per acre for developable land. These figures are based on Table 3.8, Residential and Non - Residential Growth - Required New Facility Costs, (Attachment 1), of the Tigard Parks and Recreation System Development Charges Methodology Update, dated November 10, 2004. 4. Planning TVF &R and Tigard will work cooperatively to partition the property and to file a joint land use application for the fire station and park expansion /improvements. TVF &R will provide Tigard with a deed to the surplus property following the partition approval and recording of the partition plat. Nothing in this MOU commits the City in its role as a land use decision -maker to approve any application for development approval or land division. TVF &R /Tigard MOU 12/5/06 Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park Page 2 of 6 5. Cost Estimate Prior to. construction, TVF &R will furnish Tigard with a cost estimate, detailing Tigard's proportionate share of the project costs attributable to shared facilities or improvements. Tigard will have no responsibility to pay unless and until Tigard agrees to the project and costs proposed by TVF &R. 6. Other Costs TVF &R and Tigard agree to share costs for the land use consultant and landscape architect. Landscape architect costs and land use consultant's costs shall be apportioned based on anticipated use by each party of the facilities that are included within the joint application or plans. Examples of possible cost apportionment are attached as Attachment 2. Tigard will pay for all public improvements conditioned solely on the park expansion /improvements and TVF &R will pay for all public improvements conditioned solely on construction of the fire station. Public Improvements related to both the park and the fire station, such the parking area, will be shared proportionately based on the estimated use of the improvement. Public improvements based on frontage or area will be based on the frontage or area owned by each party. TVF &R and Tigard will share in funding an enhanced community room which will be owned and managed by TVF &R and can be used by Tigard, at no cost and subject to availability, for city- sponsored meetings, community events and recreational activities. Enhancing the room means the community room will be larger and offer more amenities than a typical community room at other TVF &R facilities. 7. Payments TVF &R will be the paying agency for both parties on any part of the project that is not solely related to park expansion and /or improvements. Prior to construction, TVF &R and Tigard will develop a mutually agreeable payment process and schedule. 8. Project Management TVF &R agrees to manage the project and will work cooperatively with Tigard to provide access and updates to Tigard. TVF &R /Tigard MOU 12/5/06 Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park Page 3 of 6 D. MODIFICATION Modifications to this MOU will be made by the mutual written consent of both parties. E. TERMINATION Either party may terminate this MOU by providing notice of termination. F. COMMENCEMENT /EXPIRATION DATE This MOU is executed as of the date of the last signature and is effective through December 31, 2008, at which time it will expire unless extended by the mutual written consent of both parties. G. PRINCIPAL CONTACTS The principal contacts for the MOU are: Gary Wells Dennis Koellermeier Director of Logistics Public Works Director Tualatin Valley Fire & Rescue City of Tigard 20665 SW Blanton Street 13125 SW Hall Blvd. Aloha OR 97007 Tigard OR 97223 gary.wells @tvfr.com dennis@tigard - or.gov 503.642.0331 - Phone 503.639.4171 x2596 - Phone 503.642.9655 - Fax 503.684.8840 - Fax H. PARTIES TO THIS AGREEMENT This MOU is executed by authorized representatives of the parties as evidenced by their representative's signatures on the attached signature pages. The parties understand that this MOU sets forth the intent of the parties only, and may not be relied on as the basis for a contract by estoppel or the basis for a claim based on detrimental reliance or any other theory to enter into such developmental agreements. TVF &R/Tigard MOU 12/5/06 Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park Page 4 of 6 Tualatin Valley Fire & Rescue: Signature: 9 =, Title: / j Date: Z - 2 I — 2� TVF &R/Tigard MOU 12/5/06 Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park Page 5 of 6 City of Tigard: Signature: ._7(<X Title: - TY) ( \V C Date: T - �=�C vY \\ . ( \ C:( \ \cc! TVF &R/Tigard MOU 12/5/2006 Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park Page 6 of 6 • Attachment 1 There are deficiencies in the number of acres of Neighborhood Parks, Community Parks, and Greenways; and in the miles of Trails available to serve current residents and employees. Improvement fee SDC revenues must be used only for growth needs, and may not be used to remedy deficiencies. Alternative non -SDC revenues must be used to repair deficiencies. E. New Facility Costs The SDC Parks Capacity Improvements Program (PCIP), included as Appendix A, identifies new facilities needed to serve parks and recreation needs of the City through the year 2008. Table 3.8, below, shows a breakout of residential and non - residential share of costs for these new facilities. Because employees need fewer facilities than those required for a resident, the residential share of growth costs is 88.1% of the total for those facilities that benefit both residential and non - residential development (i.e., community parks, linear parks, etc.), and 100% for those facilities that benefit residential development only (e.g., neighborhood parks). TABLE 3.8 RESIDENTIAL AND NON - RESIDENTIAL GROWTH - REQUIRED NEW FACILITY COSTS Cost Per Total New New Facility Residential Non - Residential Facility Unit Facility Costs Growth Costs Growth Costs Growth Costs Neighborhood Parks (acres)* $410,000 $8,503,400 $1,472,310 $1,472,310 $ 0 Community Parks (acres) ** 440,000 8,800,000 4,769,600 4,202,018 567,582 Greenways (acres) * ** 130,000 6,175,000 2,527,200 2,226,463 300,737 Linear Parks (acres)# 230,000 639,400 639,400 563,311 76,089 Trails (miles)## 520,000 2.657.200 603.200 531.419 71.781 Totals $26,775,000 $10,011,710 $8,995,521 $1,016,189 Percentage of Growth Costs 89.8% 10.2% * Neighborhood Parks are considered to benefit residential population only; cost per unit is based on land at $250,000 per acre and development at $160,000 per acre. Land cost estimate is based on a review of recent similar acquisitions by the cities of Sherwood, Tigard, Tualatin and Hillsboro, and by the Tualatin Hills Park & Recreation District. Development cost assumes that approximately $10,000 per acre in costs will be donated through tree mitigation. ** Community Parks cost is based on $250,000 per acre for acquisition and $190,000 for development. Land cost estimate is based on a review of recent acquisitions in the cities of Sherwood, Tigard, Tualatin and Hillsboro, and by the Tualatin Hills Park & Recreation District. Development cost assumes that approximately $10,000 per acre in costs will be donated through tree mitigation. • * ** Greenways cost of $130,000 per acre is based on a review of recent similar acquisitions in the cities of Sherwood, Tigard, Tualatin and Hillsboro, and by the Tualatin Hills Park & Recreation District. Greenways cost assumes that approximately $10,000 per acre in costs will be donated through tree mitigation. # Linear Parks cost is based on $140,000 per acres for acquisition and $90,000 per acre for development. Development cost assumes that approximately $10,000 per acre in costs will be donated through tree mitigation. ## Trails costs include land acquisition at approximately $70,000 per mile (1/2 acre per mile), and development at $450,000 per mile. Land cost estimate is based on a review of recent similar acquisitions in the cities of Sherwood, Tigard, Tualatin and Hillsboro, and by the Tualatin Hills Park & Recreation District. Don Ganer & Associates, Inc. 11 REVISED DRAFT as of 11/10/04 SAMPLE COST ALLOCATION METHODS Project costs, including landscape architect and land use consultant costs are based on ownership and anticipated use by each party. Possible examples: 1. The landscape architect provides a landscape plan and related services for one acre of property. TVF &R owns and will have exclusive use of 1/2 acre, Tigard owns and will have exclusive use of acre. The remaining '/4 acre is landscaping associated with the parking lot that would be owned by TVF &R but will be used equally by both parties. TVF &R would be responsible for 5/8 of the cost (all of the costs for the area of its exclusive use, and '/2 the costs of the shared use area), and Tigard would be responsible for 3/8 of the cost. Note that shared use will not always be 50/50. 2. The land use consultant assists TVF &R with the fire station property but not the park property, with the fire station property including a parking area that will be used by the City for park parking and an expanded community room. The following sets out a possible scenario: Fire Station Buildings - 75 percent of total effort Community Room -- 10 percent of Fire Station Buildings (7.5% of total) City Share - 2/3 of Community Room (5% of total) Parking Lot, Exterior - 25 percent of total effort City share 40% of Parking Lot and other exterior use (10% of total) City's total share - 15 percent. Note that all these numbers and shares are hypothetical TVF &R /Tigard MOU 12/8/2006 Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park Page 1 of 1 Exhibit B EXHIBIT B Actual and Projected Costs Projected Costs 3 • .75 Acre developable @ $250,000 /acre $187,500 12.Acre'o yen s �a a 130s a a ace a o e Subtotal $343,500 ' Developnnen °rye . et ° .�`` $2,750,000 @5% g ya g� t�, t $137,500 04.1F T I Projected S t ' , i . t' ;" " y yy s { 1 .,.s...v.....,_ .t. . s.> - , •cYar: J f '& a. Actual Costs 3' ..• a f 'A 12,953 sq. ft. developable @ $5.74/sq. ft $74,350 i e�, .6 53 gbpen space @`$�2H9S/ q� '�.` ; w S202 00 Subtotal $276,850 l , ;t � . -,. V l ?sa tif � ut � R &�'�^ ''�� "'F -` �`... r - Project Costs $3,288,147 � v,�. i Lw +�_. -�. � • .t .� .,h..z. w ma ,p. - 'pFf. " $3,213,147 @ 5% $160,657 v t y r<.�,*z7{S f,� a 0p „ m,r,^r i �' P +.,` ✓i 'Rx< " 2' _. ° tom - +a Total Co st ` . MD` P h Yom: < w _, 7 507 w W Agenda Item # 3 7 Meeting Date June 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: (�,,pAmendment to the Bylaws of the Transportation Advisory Committee Prepared By: A. P. s Dept Head Okay ie ( yQ City Mgr Okay ISSUE BEFORE THE COUNCIL Council is requested to approve a resolution amending the Transportation Advisory Committee (TAG) bylaws as adopted under Resolution No. 09 -14. STAFF RECOMMENDATION That Council approve the attached resolution amending the bylaws of the TAC. KEY FACTS AND INFORMATION SUMMARY • The Transportation Advisory Committee (TAC) was formed by Council Resolution No. 09 -14 to act as an advisory body to the City Council and staff and to provide a venue for citizen input and awareness of transportation issues. • The intent behind the formation of the TAC is to oversee and address transportation- related activities and issues that are currently charged to ad hoc committees. The Transportation Financing Strategies Task Force, charged with the mission of transportation finance, is a task force that should perform its mission as a subcommittee under the umbrella of an overall TAC. • To integrate the activities of the Task Force under the TAC, a subcommittee of the TAC to address transportation finance will be formed from the membership of the current Task Force. The Financial and Information Services Director will be responsible for staffing this subcommittee. • As other transportation - related tasks arise, other subcommittees may be formed to address those tasks with appropriate City staff providing support. • Certain revisions to the bylaws approved under Resolution No. 09 -14 are necessary for the TAC to better function as an umbrella committee. • One key revision is to increase the membership of the TAC to better allow for member participation on these various subcommittees. • Another is to add to the charge and duties section to accommodate the missions of the Transportation Financing Strategies Task Force. • Recommendations from any subcommittees formed under the TAC will be brought up before the full TAC for discussion, approval and recommendation as appropriate to the City Council. • Once the TAC bylaws have been amended, the subcommittee for transportation finance will be formed and the Task Force activities will be terminated via resolution to be submitted for Council approval. OTHER ALTERNATIVES CONSIDERED Continue to address specific transportation issues via creation of ad hoc committees COUNCIL GOALS Comprehensive Plan Goals: Goal 1.1 — Provide citizens, affected agencies, and jurisdictions the opportunity to participate in all phases of the planning process; and Goal 1.2 — Ensure own citizens have access to: A) Opportunities to communicate directly to the City. ATTACHMENT LIST Resolution Amending Exhibit A of Resolution No. 09 -14 Resolution No. 09 -14 with Exhibit A FISCAL NOTES N/A is \eng\gus \council agenda summaries \2009 \6 -23 -09 amendment to the bylaws of the transportation advisory committee ais.doc rL CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- i&/ A RESOLUTION CREATING A TRANSPORTATION ADVISORY COMMIT1' ;E (TAG) TO ACT AS AN ADVISORY BODY TO THE TIGARD CITY COUNCIL AND STAFF AND TO PROVIDE A VENUE FOR CITIZEN INVOLVEMENT OPPORTUNITIES IN TRANSPORTATION MAITTERS AND INCREASE COMMUNITY AWARENESS OF TRANSPORTATION ISSUES THAT AFFECT THE CITY OF TIGARD WHEREAS, the Tigard City Council values and seeks to enhance citizen engagement in municipal affairs and also desires to employthe knowledge and expertise of its citizens to advise the City Council and staff in the planning and development of a comprehensive multimodal transportation network for the city, and WHEREAS, the improvement, management and maintenance of successful urban transportation systems involves an interdisciplinary effort including public administration, land -use- planning, transportation engineering; urban design; finance; public involvement; law enforcement, economic development, etc; and WHEREAS, the City Council desires to enhance Tigard's effectiyeness in providing transportation services and facilities in ways that ensure the community's future livability and to this end it desires to utilize the experience and expertise of its citizens to provide advice regarding maintenance, management, and planning of the city's transportation system. NOW, THEREFORE, BE IT RESOLVED by the Tigard Gty Council that: SEC:110N 1: The Tigard City Council establishes the Tigard Transportation Advisory Committee to act as an advisorybodyto it and City staff pursuant to its bylaws; SECTION 2: Bylaws governing the Transportation Advisory Committee are hereby adopted as specified in Exhibit A. SEC 11ON This resolution is effective upon passage. PASSED: This �L! day of March 2009 Mayor - •ty of Tigard AtTEST: . (,,CC , ±.-AL--e/Lt4:1,e, 4_esCt0--e-e-a City Recorder - City of 'Iiga4 RESOLUTION NO. 09 •Jq Page 1 Agenda Item # ' D Meeting Date June 23, 2009 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Consider Awarding Two Contracts for Certified borist a d Tree Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: C / ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board: • Award a primary Certified Arborist and Tree Services contract to The Davey Tree Expert Company. • Award a secondary Certified Arborist and Tree Services contract to Buena Vista Arbor Care Co., Inc. • Authorize the City Manager to execute the contracts. STAFF. RECOMMENDATION Staff recommends the Local Contract Review Board award the primary Certified Arborist and Tree Services contract to The Davey Tree Expert Company and the secondary Certified Arborist and Tree Services contract to Buena Vista Arbor Care Co., Inc. KEY FACTS AND INFORMATION SUMMARY • The City has an ongoing need for a certified arborist and related tree services such as pruning, removal, stump grinding, etc. These services are performed on City property and in the public right -of -way and are assigned on an "as needed" basis. • A Request for Proposal was issued for certified arborist and tree services; three responsive bids were received. • The bidders were asked to provide an hourly rate for various tree services. For informational purposes, these rates were added together in order to compare overall pricing structure. The sums of the hourly rates for the services were as follows: Bidder Bid Amount Buena Vista Arbor Care Co., Inc. $12,710 R&R Tree Service $24,875 The Davey Tree Expert Company $13,258 • A selection committee made up of four City staff members independently reviewed the proposals based on qualifications, experience and cost. The bidders were ranked as follows: 1. The Davey Tree Expert Company 2. Buena Vista Arbor Care Co., Inc. 3. R &R Tree Service • The selection committee scored the top two bidders quite similarly and the Request for Proposal specified the City may award a primary and a secondary contract. Therefore, staff recommends the primary Certified Arborist and Tree Services contract be awarded to The Davey Tree Expert Company and the secondary contract be awarded to Buena Vista Arbor Care Co., Inc. • OTHER ALTERNATIVES CONSIDERED The Local Contract Review Board could elect not to award these contracts and could direct staff on how to proceed with City tree services. CITY COUNCIL GOALS None ATTACHMENT LIST None FISCAL NOTES The Parks Division has budgeted $25,000 in the proposed FY '09 -'10 budget for certified arborist and tree services. Other departments or divisions have also budgeted lesser amounts for these services based on projected need. The citywide cost of the both contracts is not expected to exceed $40,000 per year or as budget appropriations allow. The contracts will be for an initial term of one year and may be extended for four additional one -year terms. The total expense of the contracts, if all five years are exercised, will not exceed $200,000. Agenda Item # 3 Meeting Date June 23, 2009 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Contract Award for Tree Planting and Establishment Services — CG No. 1 Prepared By: Todd Prager Dept Head Approval: City Mgr Approval: 1 ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award a contract for tree planting and establishment services to Mears Design Group? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board award a contract to Mears Design Group for tree planting and establishment services, and authorize the City Manager to take all necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The City collects Tree Replacement fees from developers that remove trees during development activities. These fees fund the City's Tree Canopy Replacement Program (a Capital Improvement Project), and are dedicated for the purpose of planting and maintaining newly planted trees. Staff is proposing to hire Mears Design Group to assist in the design, planting, and maintenance of tree projects on an as needed basis. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Council Goal 1 — Implement Comprehensive Plan Comprehensive Plan Goal 2.2 - To enlarge, improve, and sustain a diverse urban forest to maximize the economic, ecological, and social benefits of trees. ATTACHMENT LIST N/A FISCAL NOTES The cost of the contract will be between $75,000 and $150,000 annually for the next five fiscal years. It will be funded out of the City's Tree Replacement Fund. 1 I: \CURPI.,N \ Todd \Tree Planting Projects \RFP for Private Tree Planting Contractor \6 -23 -09 AIS_Contract Award for Tree Planting Services for Various Projects.doc Agenda Item # "1 Meeting Date June 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Presentation of Award to "If I Were Mayor" Student Contest Winners Prepared By: Joanne Bengtson Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL • Present awards to winning entries in the 2009 Oregon Mayors Association (OMA) "If I Were Mayor..." student contest. STAFF RECOMMENDATION Present gift card to recipients and comment on winning submissions. KEY FACTS AND INFORMATION SUMMARY Between March 25 and May 29, 2009, Mayor Craig Dirksen invited all Tigard students between grades four and twelve to enter the 2009 "If I Were Mayor..." student contest sponsored by the Oregon Mayors Association. On June 16, 2009, Mayor Dirksen and City Council selected one winner in two of the three categories. There were no entries for the middle school essay category. Two entries will be forwarded to the OMA for entry in the statewide competition for new laptop computers: Elementary School Poster: To be announced High School PowerPoint: To be announced The winner in each category will receive a $50 VISA gift card to the Washington Square mall. Statewide winners will be notified along with their Mayor in mid July. The winners and their parents will be invited to the OMA • Annual Conference banquet in Forest Grove on Saturday, August 1, 2009, to be recognized and receive their prizes. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS . N/A ATTACHMENT LIST Winning Poster entry Winning Power Point entry FISCAL NOTES $100 for gift cards presented to the winners. I: \ADM \City Council \Council Agenda Item Summaries \2009 \AIS for If I Were Mayor presentation 090623.doc • Agenda Item # S Meeting Date 6/23/09 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Council update on the activities of the Tigard Youth Advisory Council (TYAC) Prepared By: Sheryl Huiras Dept Head Approval: /14/✓,0 City Mgr Approval: OR ISSUE BEFORE THE COUNCIL Presentation including Tigard Youth Advisory Council activities over the past several months. STAFF RECOMMENDATION Tigard Youth Advisory Council staff recommends that the City continue to support TYAC activities. KEY FACTS AND INFORMATION SUMMARY The mission of the Tigard Youth Advisory Council (TYAC) is to improve and connect the lives of Tigard youth. In 2009, we accomplished this through a variety of positive youth and community activities. For example, TYAC sponsored movie nights for middle school students at the Tigard Library. Over 100 kids attended, giving them something positive to do on Friday nights. TYAC joined a partnership with Tigard Turns the Tide for the Safety and Wellness Fair. TYAC sponsored a Bike Safety Clinic providing 75 free helmets to youth who were in need, provided a bike safety course and passed out bike safety information. TYAC was involved in adopting families for Christmas and Thanksgiving, providing them with food and clothing. A Power Point presentation further describing TYAC activities will be made at the June 23, 2009 Council meeting. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS ATTACHMENT LIST Power Point presentation. FISCAL NOTES 6/11/2009 Pa Activities Tigard Youth Adv Co.unci( • Bike Safety'Fair 2009 at the ` , -= ,. --- Y HEALTH Fair �1♦,a T. aY AC � }3 ? �r� i 5 ,, G P , R` � • :� M ovie N ight" '' ,x_q .„,,,, , - ,,..- ,--::::,-. 'Cless , voist ission: orb empower, improve, ENi gaol. connect n4!'1Q- 07 'gare s you h. Bike Safety y Fair ,, • Movie Night O n • Part of Tigard Turns the Tide's HEALTH • Showed WALL -E ( ) Fair • Held at the Tigard L ibrary in the •Fitted k id s for helmets , ,, " Community: ',Boom £ y ,: ds could through an obstacle courise. w t a a �t cJ s V, vM / / (`',e-wrz, glAik_ .,..4... _ fj 1.0fr TL--i: Our Goals / Planned Activities • RECRUITMENT!!!! ,' „ ; , . . , / y *), > .w• ' : ' fi a; ' S u m mer �Actiities - ', 4 , . � " °.. Thank you ; your suppo t! � s 111 Social F Ev � � , ter • 1 Agenda Item # L� Meeting Date June 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Downtown Collector Street Standards Comprehensive Plan and Development Code Amendments (CPA2009- 00002 /DCA2009- 00002). Prepared By: Cheryl Caines Dept Head Approval: 16e City Mgr Approval: C9 ISSUE BEFORE THE COUNCIL Shall the City Council approve an ordinance amending the Tigard Comprehensive Plan, Transportation System Plan, Community Development Code, and Tigard Municipal Code to allow parking and not to require separate bike lanes along collector streets within the Downtown Urban Renewal District? STAFF RECOMMENDATION Approve the proposed Comprehensive Plan Amendment and Development Code Amendment as recommended by the Planning Commission. KEY FACTS AND INFORMATION SUMMARY • The proposed amendments will allow vehicle parking and remove the requirement for separate bike lanes on collector streets within the Downtown Urban Renewal District. Downtown collectors include Main Street, Burnham Street, Scoffins Street, and Ash Avenue. • Currently on -street parking is not permitted on collector streets due to traffic volumes and rates of speed, but parking exists on Main, Burnham, and Ash. Downtown collectors will have lower posted rates of speed. On- street parking and design elements such as crosswalk bump -outs will also lower traffic speeds on downtown streets. • On -street parking will be essential as the downtown redevelops to its intended dense form. • Separate bike lanes are currently required on collectors. This amendment will provide the City flexibility when designing downtown collectors to either provide a bike lane or wider, shared vehicle /bike lanes. The City Engineer will determine on a case by case basis, whether separate bike lanes should be required on individual collector streets within the downtown. • The City is in the process of updating the Transportation System Plan and Transportation chapter of the Comprehensive Plan, as well as developing a circulation plan for the downtown. These plans will eventually determine connectivity patterns and street standards within the downtown. In the meantime, these proposed amendments allow the City flexibility when designing /building downtown streets. • Burnham Street is a collector. It has been re- designed with on -street parking and a shared vehicle /bicycle lane and therefore will not meet City standards. This amendment will result in the new design meeting City standards and allow use of Traffic Impact Fee dollars as a funding mechanism for construction of Burnham Street. • The future design of Main Street is currently being discussed. Right -of -way is limited due to existing development and natural features such as Fanno Creek. There may not be room for separate bike lanes and the on- street parking. Metro would like bike lanes along Main Street, but ironically the Bicycle Master Plan requires separate bike lanes on all downtown collectors except Main Street. We are working with Metro on a design that considers all stakeholders. OTHER ALTERNATIVES CONSIDERED No Action - The code would remain unchanged. Parking will not be permitted on any collector in the City. Designated bicycle lanes will be required on all collector streets throughout the City. Alternate Actions - Apply the amendment only to specific downtown collector streets. CITY COUNCIL GOALS 2009 Goal # 2 - Implement Downtown Urban Renewal. This amendment will adopt street standards that affect the construction and design of Burnham Street and permit parking along downtown collectors. ATTACHMENT LIST Attachment 1: Ordinance Exhibit A: Staff Report to the Planning Commission dated May 11, 2009 Exhibit B: Amendments to the Community Development Code, Comprehensive Plan, Transportation System Plan, and Tigard Municipal Code Attachment 2: Planning Commission Meeting Minutes dated May 18, 2009 Attachment 3: E -mail from John Mermin, Metro Transportation Planner (distributed at PC meeting - Exhibit E) Attachment 4: E -mail from Hal Ballard, Executive Director of the Washington County Bicycle Transportation Coalition FISCAL NOTES There is no fiscal impact anticipated for this action. A ttachment 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes May 18, 2009 1. CALL TO ORDER President Inman called the meeting to order at 7:07 PM. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL President Inman; Vice President Walsh; Commissioners Anderson, Caffall, Doherty, Fishel, Muldoon, and alternate Commissioner Gaschke Commissioners Absent: Commissioners Hasman and Vermilyea Staff Present: ' : - = - - -, = . - -• e - • .: -- - - e - : (amended on 6/1/09); Cheryl Gaines, Associate Planner; Gary Pagenstecher, Associate Planner; Kim McMillan, Development Review Engineering Manager; Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS — None. 4. CONSIDER MEETING MINUTES 5 -4 -09 Meeting Minutes: President Inman asked if there were any corrections, deletions, or additions to the minutes. There was one amendment. The amendment was that V.P. Walsh opened the 5 -4 -09 meeting, not President Inman. All agreed to the amendment and President Inman declared the minutes approved as amended. 5. PUBLIC HEARINGS 5.1 Tigard Retail Center — PDR2008 -00001 PUBLIC HEARING OPENED President Inman opened the hearing and read the required statements and procedural items from the quasi - judicial hearing guide. When the commission was asked whether there were any ex parte contacts or site visits, Commissioner Muldoon noted that he'd made a site visit and had asked general questions without specific application to Energy Trust of Oregon and Oregon Department of Energy — both without project specificity. PLANNING COMMISSION MEETING MINUTES — May 18, 2009 — Page 1 of 8 No one in the audience wished to challenge the jurisdiction of the commission. No conflicts of interest. STAFF REPORT Associate Planner, Gary Pagenstecher, distributed a memo from Officer Jim Wolf, of the Tigard Police Dept., commenting on Tigard Retail Center (Target) and lack of defensible space (Exhibit A). He also distributed an email from Commissioner Muldoon and an article from the Oregonian (Exhibit B). He then gave the staff report on behalf of the City. [Staff reports are available for review one week before scheduled public hearings.] Pagenstecher briefly reviewed the direction given to the applicant at the earlier hearing. QUESTIONS & COMMENTS BY COMMISSIONERS Can we waive the dock requirement? The requirement is for a loading space, not a dock, so it doesn't necessarily mean the building has to incorporate a dock area. To address your specific question, the standard requirement - loading "space" - for a building 10,000 sq ft or larger - can be achieved in the parking field adjacent to the building with a space that's large enough. APPLICANTS PRESENTATION Eric Sporre — Vice President with Pac Trust, distributed a packet for the Commissioners to refer to while they were giving their presentation (Exhibit C). He said he was assuming that no one wanted to hear the history of the site and that they'd move forward. No one objected. He noted that they'd been there last on December 1st and there were a series of questions that they'd spent a considerable amount of time researching the answers to. He said Marc Butorac with Kittelson would be here to discuss traffic. Hal Beighley of Beighley and Associates will discuss landscape. Ken Grimes will touch on design and sustainability issues. He noted they'd received the staff report a week earlier and that they take exception to a number of things in the report. First and foremost is the 50% tree canopy. He said that goes far beyond what the direction of the Planning Commission was. It goes way beyond any code requirements and any recent land use decisions. It's just not feasible and far too costly. They also take exception to the landscape in the median on 99W. He said, especially in light of the current retail economy, they are very happy to be here. He added that they'd like to have a decision tonight. Mark Butorac with Kittelson & Associates, Inc. 6210 SW Alder St., Suite 700, Portland, summarized offsite improvements decided upon in the past. They will work with council on a reimbursement due to "past sins ". Regarding the landscaping — he noted their proposal would be to put a financial cap of $50,000 for the landscape median. He said that's within reason for an adequate landscaping. It would be aesthetically pleasing with a cap of 50K. PLANNING COMMISSION MEETING MINUTES — May 18, 2009 — Page 2 of 8 He said he wanted to bring into the record official exhibits so that everyone is on the same page (Exhibit D). Hal Beighley of Beighley and Associates, 12840 NW Cornell, Portland, first spoke about condition number 3. He believes the tree size should be 2 1/2" rather than 3 1/2" caliper trees along the parking lot edge and gave the reasons why. He spoke about the differences in canopy coverage at 10, 20, & 30 years. He said they'd met with the tree committee in January. Kenneth Grimes, representing Pac Trust, discussed the Target building and some of the low impact development items in the program. He spoke about "green roofs." He said they are extremely expensive. He spoke about solar options. He read a statement that was presented in March by the national president of the American Institute of Architects: "Target Corporation received an AIA Presidential Citation in recognition of its excellent work in elevating the importance of design to the public." He noted that Target is really thought of as a premier retailer. He went through other low impact development items and examples. Matt Oyen, representing Pac Trust, in conjunction with Tanner Creek Engineering, and Energy Trust of Oregon — said the biggest impacts they have from their side is the tax liability where they're not able to fully utilize the 30% federal tax credit or the 50% Betsy [Business Energy Tax Credit (BETC / `Betsy "]. What they have is a 45% tax liability due to their partnership. He went on to talk about a spreadsheet he had for a 16 panel system. He went through it line by line. He spoke about tax credits and energy savings. Eric Sporre came back up and summarized: Condition 1 — canopy should be 30% not 50 %. Condition 3 — 2 inch vs 3 1 /2 Condition 10 — put a cap at $50,000. Condition 17 — contingent upon getting a reimbursement district Condition 18 — reference exhibits (Exhibit D) They went back and added Condition 13 — frequency of reporting from the project arborist. They would like their arborist to have to go out only every two weeks during a site work construction in the vicinity of impacted trees. [There was some discussion as to it simply stating "or by arrangement with the Project Arborist and the City Forester. "] COMMISSIONERS QUESTIONS OF APPLICANT & STAFF With regard to seeking a 50K cap on the landscaping on the median - What do we get for 50K? Traditionally we put in low ground cover, small trees in a bark type treatment versus more ornamental type features such as metals or bricks and such. That's where the cost escalates. It'd be similar to what, in layman's terms, you believe is low vegetation landscaping. $5.00 per sq ft is what we're estimating. That includes irrigation. PLANNING COMMISSION MEE I'ING MINUTES — May 18, 2009 — Page 3 of 8 Staff— what is your take on that? (Kim McMillan answered): I don't think 50K would cover it. We need street trees, low maintenance shrubs, clustering with lower level... I think we would like to work together for something reasonable. I don't have a figure that I can put to that. Eric Sporre said they don't have more money to throw at it. They believe 50K is reasonable. They have no frontage on Hwy 99W. Kim McMillan suggested a reasonable approach. Put infrastructure. (Put just trees and let others put in bushes, etc.) They all agreed that was reasonable. Why do we need a median? Marc Butorac answered: A raised median is an ODOT requirement to prevent left turn movement. When does the signal on 72"d go in? McMillan answered that it goes in with this project. It's up to how they structure their construction schedule. PUBLIC TESTIMONY - IN FAVOR None PUBLIC TESTIMONY — IN OPPOSITION None APPLICANT'S REBUTTAL None needed PUBLIC HEARING CLOSED at 9:00 PM DELIBERATION President Inman summarized the list of conditions of approval that she believed were what they all had tentatively agreed upon: • Revision to condition of approval No. 1 to revise: the parking lot canopy coverage from 50% to 30 %. • Revision to condition of approval No. 4 — the condition will now read: "Prior to issuance of any site /building permit, the applicant shall submit a revised landscape plan showing all required parking lot and street trees at 34/2 2 % inch caliper. [Remove the wording that had included "and spaced no greater than 28' apart.] They have to come back for a variance. • Revision to condition of approval No. 10 to insert: The applicant shall revise their plan to incorporate landscaping and irrigation along the entirety of the raised medians. Landscaping is to include the installation of proper soil and street trees at the equivalent separation of one tree every 28 feet. PLANNING COMMISSION MEETING MINUTES — May 18, 2009 — Page 4 of 8 • Revision to condition of approval No. 13 to insert: "the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, or as by arrangement with the Project Arborist and the City Arborist." • Revision to condition of approval No. 17 to insert: The applicant shall extend the two lane storage on the northbound off ramp from 100 ft to 650 ft of two lane storage (550 additional feet of two lane storage including 160 ft taper) contingent upon successful adoption of a reimbursement district. This improvement can be provided within the existing right of way. • Revision to condition of approval No. 18: (sec attached conceptual layout) will read (refer to exhibits — offsite transportation improvements- Exhibit D). • New condition of approval: The applicant shall incorporate safety measures to address the defensible space issues raised in the City of Tigard Police Department comment letter dated May 15, 2009 (Exhibit A). President Inman thanked the applicant for working so diligently and doing so well in addressing the commission's concerns. One of the commissioners asked about a possible timeline for the store being built. The applicant said it would most likely be done in the summer of 2011. MOTION: 9:06 PM The motion: "To approve PDR2008 -00001 Tigard Retail Center as stipulated and with the amended stipulations provided and recited just prior, and with the findings derived from the hearing tonight" was made by Commissioner Muldoon, seconded by Commissioner Caffall. The motion passed unanimously on a recorded vote as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Inman, Commissioner Muldoon and Commissioner Walsh (7) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioner Hasman and Commissioner Vermilyea (2) 5.2 Downtown Collector Street Standards — CPA2009- 00002 /DCA2009 -00002 9:08 PM STAFF REPORT Associate Planner, Cheryl Caines, gave the staff report on behalf of the City. [Staff reports are available for review one week before scheduled public hearings.] Caines said the proposal is a Comprehensive Plan Amendment and Development Code Amendment to amend the PLANNING COMMISSION MEETING MINUTES — May 18, 2009 — Page 5 of 8 Comprehensive Plan, (Policy 12.1.2c), which is Transportation, Transportation System Plan, Chapter 8, regarding motor vehicles, the Tigard Development Code, Chapter 18.810 Street and Utility Improvement Standards, and the Municipal Code Chapter 10, which is motor vehicle parking. Gaines wanted to make one correction to the staff report proposal. It currently reads "The proposed amendments will allow vehicle parking and remove the requirement for bike lanes on collector streets within the Downtown Urban Renewal District." The word "separate," before "bike lanes," was omitted. So the wording should actually be "and remove the requirement for separate bike lanes on collector streets..." Caines said she pointed out that clarification in that the proposal could be a little misleading in that they're not saying "no bicycle lanes at all" — they're just saying that what they want to do is look at either having separate bicycle lanes or having the bicycles share a lane with a wider vehicle traveling. So it would be a little bit wider — maybe 14 feet instead of the typical 12 feet. So they would accommodate different types of modes of traffic on the same lane. Also — the collectors in the downtown would have a lower posted speed. Caines distributed an email dated May 18 (Exhibit E) from a transportation planner from Metro, John Mermin, who had a comment about the proposed amendment. She noted he's in favor, and Metro's in favor, of the proposed vehicle parking on streets and also mostly okay with the removal of the bike lane requirement except for Main Street. On the bottom of the email are his comments and, on the top, Caine's response to him. Gaines noted it's kind of ironic in that in our current Transportation System Plan, the Bicycle Master Plan calls for bike lanes on all the downtown collectors except Main Street. So we currently don't even have anything that would require them on Main Street. Therefore, we're not actually removing that requirement for Main Street. Until these plans are finalized, the proposed amendment will give flexibility when designing downtown streets. Caines noted that staff is recommending approval as proposed. QUESTIONS & COMMENTS BY COMMISSIONERS W/4y are we changing it? Is there a pending application... or...? Kim McMillan answered "The main reason we're changing it is because Burnham Street is a collector. Burnham will use TIF dollars as a collector. If it doesn't meet the standards of a collector, we can't use the TIF dollars. We need to do housekeeping to allow our collectors in the downtown to have parking. It serves several purposes. One is to clean up our design. When we design things, I believe we need to meet our standards. Main Street also has parking and it's a collector. We need to either change the standard to allow parking on a collector in the downtown, or re- designate those streets. And we don't want to re- designate those if we want to use certain funding mechanisms. Is there signage letting people know they're in a special area with bicycles, pedestrians, etc.? I'm not sure that's something we could consider - especially if we do the Main Street /Green Street — but as Cheryl pointed out, the ORS allows for several design options for bicycles to share the PLANNING COMMISSION MEETING MINUTES — May 18, 2009 — Page 6 of 8 road. One is its own bike lane separated from the roadway completely and you could stretch that to say Fanno Creek trail — to have a striped bike lane adjacent to travel lane and then to share the travel lane. And at the speeds we have downtown, you could go down to an 11 ft travel lane and share the lane safely. We're going to hopefully have wider lanes to do that. Burnham will also have an 18 foot sidewalk on each side, which is huge. (A travel lane for cars is 12'.) So we're going to have this 18 foot, what we call a multi -modal pedestrian path — so you can have the bicycles on that as well. So Burnham is well equipped to take care of bicycles and then Main Street -- we are working with Metro. They help facilitate the funding — the federal grant. The second one says `Remove the requirement to construct bike lanes in accordance with the Bicycle Master Plan along collector streets "And so you're just dealing basically with those streets that are listed here? Its not thatyou're going to get rid of the bike lanes -- you're justgoing to make them better. Is that what the idea is? I just don't want to send the message that they're getting rid of a bike master plan and that we're going to have everyone stay in our cars and get rid of our bikes. I think it's the idea that.. , from the way I understand you've got this written is that it would be up to the City Engineer to see how best bike lanes fit into the collector streets now that the collector streets have vehicles parked on them. Is that correct? Yes. PUBLIC TESTIMONY - IN FAVOR - none PUBLIC TESTIMONY — IN OPPOSITION - none APPLICANT'S REBUTTAL — N/A PUBLIC HEARING CLOSED @ 9:25 PM DELIBERATIONS — No further discussion MOTION Commissioner Caffall made a motion, seconded by Commissioner Doherty: "I move to make a final recommendation for approval [of CPA2009- 00002/DCA2009- 00002 — Downtown Collector Street Standards] to City Council." The motion passed unanimously on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Fishel, Commissioner Inman, Commissioner Muldoon and Commissioner Walsh (7) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioner Hasman and Commissioner Vermilyea (2) PLANNING COMMISSION MEETING MINUTES — May 18, 2009 — Page 7 of 8 President Inman noted that this would go to City Council on June 23rd. 6. OTHER BUSINESS — The Commissioners were reminded that the next meeting will be June 1st and will be a double workshop — a buildable lands presentation and an omnibus Code Amendment — a housekeeping item — both led by Darren Wyss. In addition, a meeting will be held June 16th (a Tuesday) and would be a combined meeting with Council. Consultants will give a presentation regarding the Neighborhood Trail Study Results. This meeting would be in lieu of the regularly scheduled second meeting of the month. 7. ADJOURNMENT President Inman adjourned the meeting at 9:30 p.m. . 4 • Doreen Laughlin, Planning Co • 's .ion Secretary • ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES — May 18, 2009 — Page 8 of 8 Attachment 3 Cheryl Caines From: Cheryl Caines Sent: Monday, May 18, 2009 4:27 PM To: 'John Mermin' Cc: Ron Bunch; Mike McCarthy Subject: RE: Comments on Tigard TSP /Comp plan /code amendments Hi John, Thank you for your comments. I've discussed your concern about the removal of a bike lane requirement along Main Street with our Director and Transportation Engineer. Our current TSP (Bicycle Master Plan) does not require bike lanes along Main Street and the Regional Transportation Plan does not consider these streets regionally significant. At the same time we understand the importance of bike connections to the Fanno Creek Trail, WES, and other public transportation from Main Street and share your concern about providing those connections. Downtown streets will have lower speeds to accommodate shared lanes where separate bike lanes are not proposed. Along Main Street there are existing conditions such as buildings constructed near the ROW that may make it difficult to accommodate a separate bike lane. The purpose of this amendment is not to eliminate bike lanes along Main Street. We only hope to allow some flexibility when designing it. I know that the City is working with Metro regarding bike traffic on Main Street and will continue to do so as we move forward. Our goal is to design a street that accommodates a wide range of users. Thank you for taking the time to review the proposal. Your comments will be presented to the Planning Commission at tonight's hearing (May 18 If you have any questions, please do not hesitate to give me a call. Thank you, Cheryl Caines Associate Planner City of Tigard (503) 718 -2437 From: John Mermin [ mailto :John.Mermin ©oregonmetro.gov] Sent: Friday, May 15, 2009 10:35 AM • To: Cheryl Caines Cc: meg.fernekees ©state.or.us Subject: Comments on Tigard TSP /Comp plan /code amendments Hi Cheryl, It was good to chat with you on the phone the other day. I reviewed the proposed amendments to the TSP Comp plan, Development Code and Municipal code. After discussing with our engineer, and some of my transportation and land use colleagues, we'd like to express our strong support for allowing parking on collectors in the downtown urban renewal district. However, we are concerned about the removal of the bike lane requirement for one of the downtown collectors, Main Street, due to the high volumes (estimated 10,000 ADT), and the need to make current and future intermodal connections with Fanno Creek Trail, WES station, and possible future LRT station. We are okay with the removal of the bike lane requirement on the other downtown collectors. Thanks for your consideration of our comments. Let me know if you have any questions. John Mermin 1 Associate Transportation Planner Planning Metro 503 797 -1747 John.Mermin @oregonmetro.gov www.oregonmetro.gov Metro 1 People places. Open spaces 2 • Attachment 4 Cheryl Caines From: Dick Bewersdorff Sent: Tuesday, May 26, 2009 10:13 AM To: Cheryl Caines Subject: FW: Amendment to the TSP Did you see this? From: Hal Ballard [mailto:bicyclist @comcast.net] Sent: Monday, May 18, 2009 11:17 AM To: Dick Bewersdorff Subject: Amendment to the TSP Dear Dick, I've been asked to comment on the Planning Commission's agenda item 5.2 being heard tonight. Prior commitments prevent my appearance, so I hope these comments suffice. I hold to the tenet that "bicyclists fare best when they act and are treated as drivers of vehicles," as such, every travel lane for motor vehicles is a travel lane for cyclists. While they may make sense from a legal standpoint, it may not from a practical one (riding in the left lane on Hwy 99 near Hall Blvd. for example). I, nor the WashCo BTC, have no real objections to this amendment, provided that, even with on street parking, the lanes are made wide enough (14' or more) so bikes and cars can safely share the lane and bicyclists can avoid the dreaded "door zone." (that 3 -4' suddenly occupied when a car door is opened) I would also ask that the speed limit in the proposed area be maintained or reduced to 25 MPH as is most downtown traffic in other cities. The average speed of cyclists is around 12 MPH which, compared to vehicular speeds means a difference of about 12 MPH, which would provide enough reaction time by either party to take the actions necessary to prevent a collision. Respectfully submitted, a.L 3a lla rdi Executive Director/WashCo BTC http: / /washcobtc.orq 503.984.1761 League Cycling Instructor 815 /League of American Bicyclists www. bikeleaque.orq Transportation Solutions byCycle "I ride my bicycle to ride my bicycle" `Zen proverb 1 cria310? e m (P Legislative Hearing g Statement by City Attorney Y tY Y Any person may offer relevant oral and/or written testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. City staff will identify applicable standards in the staff report at the beginning of the hearing. Members of the City Council will be asked whether they have any potential conflicts. A Council member with a potential conflict may participate after fully describing the potential conflict. An actual conflict exists if the decision would result in financial benefit to the Council member or family member. In cases of actual conflict, the Council member will not participate. After the discussion of conflicts, any person may challenge participation of a Council member based on an actual conflict or failure to disclose a potential conflict. The Council member in question may respond to such a challenge. After the discussion of conflicts and any challenges, City staff will summarize the written staff report and explain the proposed amendments. Then those in favor of the proposed amendments testify. Then those who oppose the amendments or who have questions or concerns testify. Council members may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, the City staff can make a closing statement. After the record is closed, the City Council will deliberate. During deliberations, the City Council may re -open the public portion of the hearing if necessary to receive additional evidence before making a decision. A copy of the rules of procedure for the hearing and copies of agendas for today's hearing are 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 at City Hall. You must 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. Failure to raise an issue clearly enough so that Council understands and can address the 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. Demonstrations from the audience that prolong or interfere with the hearing are prohibited. Please refrain from them. Comments from the audience other than from a recognized speaker should not be offered and will not be part of the record. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, please spell 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. These exhibits will be marked 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 \Legislative Information \City Attorney Legislative Script (2).doc 50014 -36799 City Attorney Legislative Script (2).docIMSOfce /5/12/2009 AGENDA ITEM No. 6 Date: June 23, 2009 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: DOW TOWNT COLLEC1OR STREET STANDARDS COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE AMENDMENTS (CPA2009- 00002 /D CA2009- 00002) 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 available 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 /CCSignup /Leg. PH Downtown Collector Street Standards Comp Plan and Development Code Amendment MIL AGENDA ITEM No. 6 June 23, 2009 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 available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. • Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. PUBLIC HEARING ITEM: The following will be considered by the • Tigard City Council on Tuesday June E ty 23, 2009 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall • Blvd., Tigard, Oregon. Public oral or written testimony is T I G A R D invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or • a • CO /v1UNITY the rules of procedure set forth in Section 18.390.060.E. The SPAPERS Council will receive the Planning Commission's recommenda- tion and hold a public hearing on the request prior to 'making a decision. 6605 SE Lake Road, Portland, OR 97222 • PO Box 22109 Portland OR 97269 - 2109 Further information may be obtained from the City of Tigard Phone: 503 - 684 -0360 Fax: 503 - 620 -3433 Planning Division (Staff contact: Cheryl Caines, Associate E legals @commnewspapers.com Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503- 639 -4171. AFFIDAVIT OF PUBLICATION COMPREHENSIVE PLAN AMENDMENT State of Oregon, County of Washington, SS (CPA) 2009 - 00002/ I, Charlotte Allsop, being the first duly sworn, DEVELOPMENT CODE AMENDMENT depose and say that I am the Accounting (DCA) 2009 - 00002 Manager of The Times (serving Tigard, - DOWNTOWN COLLECTOR STREET STANDARDS - Tualatin & Sherwood), a newspaper of general circulation, published at Beaverton, REQUEST: A Comprehensive Plan Amendment and in the aforesaid county and state, as defined Development Code Amendment to amend the Comprehensive by ORS 193.010 and 193.020, that Plan (Policy 8.1.2.c), Transportation System Plan (Chapter 8, Figure 8 -10), Tigard Development Code (Chapter 18.810 City of Tigard Street and Utility Improvement Standards), and the Municipal Notice of Public Hearing/CPA2009-00002 Code (10.28.130 — Motor Vehicle Parking). The proposed Notice amendments will allow vehicle parking on SW Main and , SW Burnham Streets and remove the requirement for separate bike lanes on collector streets within the Downtown A copy of which is hereto annexed, was Urban Renewal District. LOCATION:. The Downtown published in the entire issue of said Urban Renewal District. ZONES: CBD: Central Business newspaper for District. The CBD zoning district is designed .to provide a 1 concentrated central business district, centered on the City's week in the following issue: historic downtown, including a mix of civic, retail and office June 4, 2009 uses. Single - family attached housing, at a maximum density of 12 units /net acre, equivalent of the R -12 zoning district, and multi- family housing at a minimum density of 32 units/ acre, equivalent to the R-40 zoning district, are permitted C outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive -up windows, Charlotte Allsop (Accounting Mana er) medical centers, major event entertainment and gasoline stations, are permitted conditionally. MUR: Mixed Use Subscribed and sworn to before me this Residential Districts. The MUR zoning district is designed June 4, 2009. to apply to predominantly residential areas where mixed- uses are permitted when compatible with the residential use. A high density (MUR -1) and moderate density (MUR -2) �Q- �� designation is available within the MUR zoning district. C- G: General Commercial District. The C -G zoning district is • NOTARr PUBLIC FOR OREGON designed to accommodate a full range of retail, office and My commission expires \ civic uses with a City-wide and even regional trade area. Except where non - conforming, residential uses are limited to Acct #10093001 single - family residences which are located on the same site Attn: Patty Lunsford • • as a permitted use. A wide range of uses, including but not Q limited to adult automotive equipment repair City of Tigard entertainment, ; 'rr.�' SUZE 13125 SW Hall Blvd and storage, mini - warehouses, utilities, heliports, medical r NOTARY Tigard, OR 97223 ( COMMI centers, major event entertainment, and gasoline stations, are MY COMMISSION EXPIRi permitted conditionally. C -P: ProfessionaUAdministrative - Commercial District. The C -P zoning district is designed Size: 2x12 to accommodate civic and business /professional services Amount Due $200.40* and compatible support services, e.g., convenience retail *Please remit to address above and personal services, restaurants, in close proximity to • Agenda Item # 7 Meeting Date June 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Public Hearing for Comprehensive Plan Amendment (CPA) 2008 - 00011: Tigard Transportation System Plan and Comprehensive Plan Amendments to Incorporate Tigard 99W Improvement and Management Plan Recommendations CG #1 Prepared By: Darren Wyss Dept Head Approval: ' ,1 City Mgr Approval: lJ� ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment (CPA2008- 00009) to update the Tigard Transportation System Plan and Comprehensive Plan? STAFF RECOMMENDATION Approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan Amendment to update the Tigard Transportation System Plan and Comprehensive Plan. KEY FACTS AND INFORMATION SUMMARY Traffic congestion consistently ranks as the number one issue with Tigard citizens in community surveys. Specifically, congestion on Highway 99W is identified as a major problem. To address the issue, the Tigard City Council established a goal in 2005 to improve the Highway 99W corridor, and continued that goal into 2006. To develop solutions to the traffic congestion on the highway, the City applied for and received a Transportation and Growth Management (TGM) grant to develop the Tigard 99W Improvement and Management Plan Tigard 99W Plan). Through a planning and public involvement process conducted with ODOT, TriMet, Metro, Washington County, and other regional partners, the project developed concept -level recommendations for transportation improvements and recommended additional interventions to meet future needs in the corridor. The primary focus of the Tigard 9911/Plan is identifying projects aimed at alleviating traffic congestion and improving traffic circulation within the highway corridor from Durham Road to Interstate 5. Three alternatives were evaluated to assess the impact each would have on the transportation deficiencies in the corridor. Alternative A evaluated widening Highway 99W to seven lanes from Greenburg Rd. to Interstate 5 and Alternative C evaluated widening to seven lanes for the entire length through Tigard. Both were rejected for cost, right -of -way impacts, urban design, and quality of life concerns. The preferred alternative (Alternative B) was an access management strategy. Alternative B proposes all transportation modes be enhanced through a series of projects over the long term, including medians, access management, intersection improvements, bike, pedestrian, and transit improvements, and other off - highway improvements. I:Ai,RPI,N \Council Materials \2009 \6 -23 -09 99W Plan Publics- Tearing AIS CPA 2008- 00011.docx 1 The development of the Tigard 99W Plan included both public involvement and interagency coordination. A project specific Tigard Citizen Advisory Committee (CAC) and Technical Advisory Committee (TAC) were appointed to review and comment on the plan as it developed. In addition, three open houses and citizen stakeholder interviews were held. Both the CAC and TAC recommended that Alternative B be the preferred option. The CAC also submitted certain policy- related recommendations pertaining to the future improvement and management of Highway 99W. The proposed amendments to the Tigard Transportation System Plan (TSP) originate from the recommendations found in Appendix C of the Tigard 99W Plan and are intended to implement Alternative B. The CAC, TAC, and ODOT staff all recommended the City implement the suggested modifications found in Appendix C of the Tigard 99W Plan. The proposed amendments to the Tigard Comprehensive Plan include incorporating the CAC policy- related recommendations and rewording Goal 12.2, Policy 6.A to be consistent with the TSP (see Attachment 2). The Planning Commission held a workshop on this amendment on March 2, 2009 and a public hearing on April 6, 2009. Some minor language changes were made for clarification purposes at the workshop (see Attachment 3). Staff also recommended some additional changes at the public hearing based on comments submitted by ODOT and the City of Beaverton (see Attachment 3). The Commission agreed with the additional suggested changes, but asked for the word "function" (based on ODOT comments) to be defined. Staff has researched engineering literature and recommends the following definition: Function: An action or a task that a ystem is designed to perform. The Tigard Transportation System Plan does not contain a glossary, but the definition is included as part of the Staff Report that will be adopted as findings for CPA2008- 00011. The Commission voted unanimously to recommend adoption of CPA2008 -00011 to City Council. Proposal Description The City is requesting approval of a Comprehensive Plan Amendment to: 1. Update the Tigard Transportation System Plan to include recommended changes found in Appendix C of the Tigard 99W Improvement and Management Plan; 2. Incorporate the Tigard 99W Improvement and Management Plan by reference into the Tigard Transportation System Plan to serve as findings; 3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 99W Plan Citizen Advisory Committee; and 4. Amend the Tigard Comprehensive Plan Policy 6.A (under Goal 12.2) to reflect recommended 5 lanes for Highway 99W. OTHER ALTERNATIVES CONSIDERED 1. Approve the Planning Commission recommendation and adopt CPA2008- 00011. 2. Modify the Planning Commission recommendation and adopt CPA2008- 00011. 3. Remand to the Planning Commission to hold additional hearings and deliberations for future consideration at City Council. L \1 \Council Materials \ 2009 \ 6-23-09 99W Plan Publici-learing AIS CPA 2008- 00011.docx 2 CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Ordinance approving Comprehensive Plan Amendment 2008 -00011 Exhibit A: Proposed Amendment Language for CPA2008 -00011 Attachment 2: Staff Report to the City Council • Attachment 3: Memo to Planning Commission — March 30, 2009 Attachment 4: Planning Commission Meeting Minutes (workshop) — March 2, 2009 Attachment 5: Planning Commission Meeting Minutes (public hearing) — April 6, 2009 FISCAL NOTES N/A • I:A1.,RPLN \Council Materials \ 2009 \ 6-23-09 99W Plan Publicl- Tearing AIS CPA 2008- 00011.docx 3 ATTACHMENT 2 Agenda Item: Hearing Date: June 23, 2009 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL CITY OF TIGARD, OREGON TIGAItI5 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD TRANSPORTATION SYSTEM PLAN AND COMPREHENSIVE PLAN AMENDMENTS TO INCORPORATE TIGARD 99W IMPROVEMENT AND MANAGEMENT PLAN RECOMMENDATIONS FILE NO.: Comprehensive Plan Amendment (CPA) CPA2008 -00011 APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Darren Wyss OWNER: N/A PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to: 1. Update the Tigard Transportation System Plan to include recommended changes identified in Appendix C of the Tigard 99V / Improvement and Management .Plan; 2. Incorporate the Tigard 99W Improvement and Management Plan by reference into the Tigard Transportation System Plan to serve as findings; 3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 991 Plan Cititien Advisory Committee; and 4. Amend the Tigard Comprehensive Plan Policy 6.A (under Goal 12.2) to reflect recommended 5 lanes for Highway 99W through Tigard. LOCATION: Citywide (City of Tigard) 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 Goal 1: Citizen Involvement; Goal 2: Land Use Planning; Goal 6: Environmental Quality; Goal 12: Transportation; Oregon Transportation Plan; Oregon Highway Plan; Regional Transportation Plan; Statewide Planning Goals 1, 2, 11, and 12; and Oregon Administrative Rule 660 -12. STAFF REPORT TO THE CITY COUNCIL CPA 2008-00011 TIGARD 99W IMPROVEMENT PAGE 1 OF 21 AND MANAGEMENT PLAN AMENDMENTS SECTION II. STAFF RECOMMENDATION Staff recommends that the Tigard City Council finds this request to meet the necessary approval criteria. Therefore, staff recommends that the Council ADOPTS the amendments to the Tigard Transportation System Plan and the Tigard Comprehensive Plan as determined through the public hearing process. SECTION III. BACKGROUND INFORMATION Project History Traffic congestion consistently ranked as the number one issue with Tigard citizens in three community surveys performed during the past three years. Citizens specifically identified congestion on Highway 99W as a major problem, and expressed great concern about its adverse effect on access to the Tigard Downtown area and the region as a whole. This highway carries 50,000 vehicles per day, half of which is regional through traffic. As a result, the highway is overwhelmed by the existing traffic volumes. At peak travel hours, cut - through traffic uses the City of Tigard's street system to avoid the Highway 99W traffic congestion. This often causes safety and livability issues in residential neighborhoods. In recognition of the citizen concerns regarding the heavy traffic congestion on Highway 99W, the Tigard City Council established a goal in 2005 to improve the Highway 99W corridor, and continued that goal into 2006. To develop solutions to the traffic congestion on the highway, the City applied for and received a Transportation and Growth Management (TGM) grant to develop the Tigard 99W Improvement and Management Plan (Tigard 99W Plan. Through a planning and public involvement process, conducted with ODOT, TriMet, Metro, Washington County, and other regional partners, the project developed concept - level recommendations for transportation improvements and recommended additional interventions to meet future needs in the corridor. Development of the Tigard 99W/Plan included detailed analysis of transportation needs, opportunities, and comparative evaluation of concept plan alternatives. The primary focus of the Tigard 991F Plan is identifying projects aimed at alleviating traffic congestion and improving traffic circulation within the highway corridor from Durham Road to the Interstate 5. It builds on previous studies and was developed through a planning process of four key steps: • Establish inventory of existing conditions • Analyze needs, opportunities and constraints • Develop alternative improvement concepts • Compare and evaluate alternative concepts Three alternatives were evaluated to assess the impact each would have on the transportation deficiencies in the corridor. Alternative A evaluated widening Highway 99W to seven lanes from Greenburg Rd. to Interstate 5 and Alternative C evaluated widening to seven lanes for the entire length through Tigard. Both were rejected for cost, right -of -way impacts, urban design, and quality of life concerns. The preferred alternative (Alternative B) was an access management strategy. Alternative B proposes all transportation modes be enhanced though a series of projects over the long term, including medians, access management, intersection improvements, bike, pedestrian, and transit improvements, and other off - highway improvements. The development of the Tigard 99W Plan included both public involvement and interagency coordination. A project specific Tigard citizen advisory committee (CAC) and technical advisory committee (TAC) were appointed to review and comment on the plan as it developed. In addition, three open houses and citizen stakeholder interviews were held. Both the CAC and TAC STAFF REPORT TO THE CITY COUNCIL. CPA 2008 -00011 TIGARD 99 \V IMPROVEMENT PAGE 2 OF 21 AND MANAGEMENT PLAN AMENDMENTS recommended that Alternative B be the preferred option. The CAC also submitted certain policy- related recommendations pertaining to the future improvement and management of Highway 99W. The proposed amendments to the Tigard Transportation System Plan (TSP) originate from the recommendations found in Appendix C of the Tigard 99W Plan and are intended to implement Alternative B. The CAC, TAC, and ODOT staff all recommended the City implement the suggested modifications found in Appendix C of the Tigard 99W Plan. The proposed amendments to the Tigard Comprehensive Plan include incorporating the CAC policy- related recommendations and rewording Goal 12.2, Policy 6.A to be consistent with the TSP. The Tigard City Council held a work session on the Tigard 99W Plan on November 20, 2007. Council discussed the recommendations and directed staff to prepare the Tigard TSP and Comprehensive Plan amendments necessary to implement the Tigard 99W Plan and bring them before the Tigard Planning Commission. The Planning Commission held a Study Session on this topic on March 2, 2009 and a public hearing on April 6, 2009. The Commission asked for the term "function" (based on ODOT comments) to be defined. Staff has researched engineering literature and recommends the following definition: Function: An action or a task that a ystem is designed to perform. Proposal Description The City is requesting approval of a Comprehensive Plan Amendment to: 1. Update the Tigard Transportation System Plan to include recommended changes found in Appendix C of the Tigard 99W Improvement and Management Plan; 2. Incorporate the Tigard 99F Improvement and Management Plan by reference into the Tigard Transportation System Plan to serve as findings; 3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 991,V Plan Citizen Advisory Committee; and 4. Amend the Tigard Comprehensive Plan Policy 6.A (under Goal 12.2) to reflect recommended 5 lanes for Highway 99W. The proposed text amendments are represented as bold italics for proposed new language and strike thro ugh for proposed deleted language. Proposed graphic changes are called out and described. Part 1: Update the Tigard Transportation System Plan to include recommended changes found in Appendix C of the Tigard 991-V Improvement and Management Plan; The proposed changes are specific strikethrough and figure changes to the Tigard Transportation System Plan and are found in Appendix C of the Tigard 99W Improvement and Management Plan. The proposed amendments reflect improvements associated with Alternative B in the Tigard 991V Plan. Many of the changes are in tables or reference illustration changes and are listed below. There are 27 proposed modifications (each amendment can be found as a separate page in Exhibit A). In summary they are: • Proposed Amendment 1 updates the Pedestrian Action Plan List along ORE 99W to include a sidewalk project scope and cost. • Proposed Amendment 2 updates the Bicycle Master flan description of bicycle lanes south of STAFF REPORT TO THE CITY COUNCIL CPA 2008 -00011 TIGARD 99\V IMPROVEMENT PAGE 3 OF 21 AND MANAGEMENT PLAN AMENDMENTS Gaarde /McDonald to Durham Road to note that these facilities are existing, not planned. • Proposed Amendment 3 updates the Bicycle Action Plan Improvement List and Cost. • Proposed Amendment 4, 5, 13, 17, 18, 19 and 26 advises that both the TSP and RTP should be amended to retain four /five -lanes rather than the current designation to widen ORE 99W to 7 lanes. • Proposed Amendment 6 and 20 add intersection improvements to Durham Road and SW Canterbury Lane. • Proposed Amendment 7 updates potential pedestrian projects along ORE 99W to increase project scope. • Proposed Amendments 8 and 9 add pedestrian activated signalized crossings. • Proposed Amendment 11 updates a Park and Ride location. • Proposed Amendment 10 updates plan to include existing bike lanes just north of SW Greenburg Road. • Proposed Amendment 12 updates potential transit projects to implement transit queue bypass lanes along ORE 99W at several locations. • Proposed amendments 14, 15 and 16 identify access management measures for highway 99W. • Proposed Amendment 21 updates the table to include specific projects and add project intersections. • Proposed Amendment 22, 23 and 24 updates the Pedestrian Action Plan project list funding and implementation ranking. • Proposed Amendment 25 updates the Bicycle Action Plan funding and implementation ranking. • Proposed Amendment 27 updates the City of Tigard Future Intersection Improvements table to include specific projects and add projects at the several intersections. Part 2: Incorporate the Tigard 99W Improvement and Management Plan by reference into the Tigard Transportation System .Plan to serve as findings. The Transportation Planning Rule, OAR 660 Division 12, requires local jurisdictions to prepare and adopt local transportation system plans that serve as the transportation element for their comprehensive plans (OAR 660- 012 - 0015(4)). Since the City of Tigard proposes to amend the Tigard Transportation System Plan (TSP) based on recommendations found in the Tigard 99WImprovement and Management Plan, the background information needs to be adopted by reference as findings to amend the TSP. No specific text changes are needed. Part 3: Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 99W Plan Citizen Advisory Committee. The City proposes to amend the Tigard Comprehensive Plan based on recommended policy - related language developed by the project's citizen advisory committee. The following 10 statements will be added to the recommended action measures found under Section 1 of the Transportation chapter. The numbering will start as indicated: 24. Prior to implementation ofprojects associated with the .Highway 99W Corridor Plan, especially those requiring additional right -of -way or affecting property access, there shall be established protocols whereby affected property owners or businesses are made aware ofpending improvements. Those that might be affected shall be informed and asked to be involved in the project development process as early as possible. STAFF RE_PORI'10 1'J -IE CITY COUNCIL, CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 4 OF 21 AND MANAGEMENT PLAN AMENDMENTS 25. The City of Tigard shall state a position that alignment of the proposed I -5 /Hwy 99W Connector be established as one which reduces through traffic and freight movement on Highway 99W to the greatest extent possible; and that the City shall support this position and otherwise participate in the project as an active member of the 1-5 / 99W Connector Steering Committee. 26. As part of the transportation management, planning and design process, the livability benefits of future Highway 99Wimprovements shall be publicly discussed and evaluated. 27. The City shall adopt Alternative B as contained in the Tigard 99W Plan as part of its Transportation System Plan and prioritize its recommendations. Subsequently, the City shall, in conjunction with other agencies, jurisdictions, and stakeholders, develop action plans to implement the alternative's specific project recommendations. Action plans to implement Alternative B shall include design and engineering strategies, funding measures, and stakeholder and citizen engagement. Reasonable time frames shall be associated with the action plans. 28. Other transportation and land development projects within the vicinity of Highway 99W shall be evaluated to determine potential negative or positive impacts on the facility. Negative impacts shall be avoided or mitigated. Furthermore, it is important that solutions to Highway 99W problems be evaluated to assess impacts on other streets, and that negative impacts in these circumstances are avoided or mitigated and positive impacts promoted. 29. A land use planning effort shall be a priority for future City / state efforts to recreate the Highway 99W corridor. In particular, coordinated land use and transportation planning is essential to promote transit as a viable transportation option. 30. The City should be imaginative and "think outside the box" with the purpose of creating a safe, attractive, transit oriented, and vibrant urban corridor along Highway 99W. When there are obvious benefits to specific physical improvements, the City should request design exceptions from ODOT. 31. In the near term, the City and ODOT shall develop an Access Management Plan for Highway 99W. Each property identified as needing access management treatment shall be treated as unique. A one -size fits all approach should not be used. The economic vitality of businesses is important. 32. Implementing improved transit service should be an ongoing priority with the long -term objective alight rail service along the Highway 99W corridor. Might rail is not possible within the reasonable future, then improved bus service /rubber tired vehicles shall serve as an alternative until it is. 33. Highway 99WAction Plans shall seek to enhance the economic vitality of the corridor through transportation, aesthetic land use, and other improvements. In addition, resources shall be used to coordinate business development and retention activities, and aid in communication among the business community and city government. S1'AI P REPORT TO TFIE CI'I'Y COUNCIL. CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 5 OP 21 AND MANAGFI\10,N'I' PLAN AMENDMEN'T'S STAFF REPORT TO'1'1 -IE CPI'Y COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 6 OF 21 AND MANAGEMENT PLAN AMENDMENTS Part 4: Amend the Tigard Comprehensive Plan Policy 6.A of Goal 12.2 to reflect recommended five lanes for Highway 99W. The Tigard 99r Management and Improvement Plan recommends amendments to the Tigard TSP to retain four /five -lanes rather than the current TSP designation to widen Highway 99W to seven lanes. To maintain consistency with the proposed TSP amendments, the City proposes to amend Tigard Comprehensive Plan Policy 6.A under Goal 12.2. Although the committees recommended a five -lane maximum, staff advises that some seven lane intersection configurations may be needed for function, ingress /egress spacing, and access management. The proposed amendment includes language necessary to provide that flexibility for construction of auxiliary lanes for additional intersection capacity, turn lanes, or access management. Goal 12.2 Trafficways Policy 6. The City shall adopt the following transportation improvement strategy in order to accommodate planned land uses in the Tigard Triangle: A. Highway 99W should : . - - . :, , • - - - - - n ...;. fi retain a 5 lane section throughout the study area, except where necessary to accommodate adjacent development impacts, spot capacity improvements, and intersection improvements. (tool box). Thin improvement con3traints, the Dartmouth extension could potentially provide needed northea3t to southwc3t travel demand. STAFF REPORT '10 THE CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 7 00 21 AND MANAGEMENT PLAN AMENDMENTS 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 Goal 1: Citizen Involvement o Goal 2: Land Use Planning o Goal 6: Environmental Quality o Goal 12: Transportation • Regional Transportation Plan • Statewide Planning Goals o Goals 1, 2, 11, and 12. • Oregon Transportation Plan • Oregon Highway Plan • OAR 660 -12 (Transportation Planning Rule) City Department and outside agency comments SECTION V. APPLICABLE CRITERIA AND FINDINGS APPLICABLE PROVISIONS OF THE CITY'S IMPLEMENTING ORDINANCES. 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 18.309.060.G. Findings: The proposed amendments to the Tigard Transportation System Plan and the Tigard Comprehensive Plan establish policy to be applied generally to Highway 99W within the Tigard city limits; and therefore, the application is being processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G. Conclusion: Based upon the above findings, the application complies with TCDC Chapter 18.380.020. Chapter 18.390: Decision - Making Procedures Chapter 18.390.020 Description of Decision - Making Procedures B.4 Type IV Procedure Defined. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large -scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Findings: The proposed amendments to the Tigard Transportation System Plan and the Tigard Comprehensive Plan will be reviewed under the Type IV legislative 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. Conclusion: Based upon the above findings, the application complies with TCDC Chapter 18.390.020. STAFF RI .PORT TO TI -1E CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE: 8 OF 21 AND MANAGEMENT PLAN AMENDMENTS Chapter 18.390.060.G. Decision - making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions that address applicable Statewide Planning Goals, the Oregon Transportation Plan, the Oregon Highway Plan, the Regional Transportation Plan, and the Oregon Transportation Planning Rule, the amendment is consistent with this criterion. Conclusion: Based upon the above findings, the application complies with TCDC Chapter 18.390.060 Conclusion(s): Based on the analysis above, staff finds that the proposed amendment satisfies the applicable review criteria within the Tigard Community Development Code. APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: Goal 1: Citizen Involvement Goal 1.1. Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. Policy2. 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. As part of the Development Code Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the 1\l'Arch 1 2009 issue of The Tigard 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. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1, Policy 2. Policy 3. The City shall establish special citizen advisory boards and committees to provide input to the City Council, Planning Commission, and City staff. Findings: Through Resolution 06 -65, the Tigard City Council established a citizen advisory committee (CAC) to review and provide input throughout the Tigard 99W Plan process. The CAC represented community perspective regarding the needs, opportunities, and constraints for improving Highway 99W as part of the City of Tigard. Ultimately, the CAC recommended that Council amend the City's TSP to STAFF REPORT TO 'ME CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 9 OF 21 AND MANAGEMENT PLAN AMENDMENTS include the recommendation found in Appendix C of the Tigard 99W Improvement and Management Plan. The CAC also developed 10 recommendations pertaining to the future of Highway 99W. The recommendations are included in the amendment as additional recommended action measures to be adopted into the Tigard Comprehensive Plan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1, Policy 3. 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, opportunities to attend three project open houses, and participate in stakeholder interviews and surveys. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.1, Policy 5. 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 on the City's website. Information was regularly sent to the project committee members, to the community volunteers, and to the City's website. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.2, Policy 1. 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: As described above, project information was distributed throughout the process via Cityscape articles, press releases, articles in the local paper, and three project open houses. Outreach methods also included stakeholder interviews and a survey sent to property owners and businesses located along Highway 99W. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.2, Policy 2. 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. STAFF REPORT TO THE CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 10 OF 21 AND MANAGEMENT PLAN AMENDMENTS Findings: Through Resolution 06 -65, the Tigard City Council established a citizen advisory committee (CAC) to review and provide input throughout the Tigard 99W Plan process. The CAC represented community perspective (business owners, Chamber of Commerce, neighborhood representatives, specific modal interests such as transit and bicycles) regarding the needs, opportunities, and constraints for improving Highway 99W as part of the City of Tigard. The City also established a Technical Advisory Committee (TAC) specific to this project to provide input throughout the process. The TAC represented ODOT, Metro, TriMet, DLCD, King City, Washington County, Tualatin Fire Valley and Rescue, and the City of Tigard Planning and Engineering Divisions. In addition, three project open houses, stakeholder interviews, and a survey sent to property owners and businesses located along Highway 99W provided opportunities for citizen participation. This policy is satisfied. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 1.2, Policy 5. Goal 2: Land Use Planning Goal 2.1. Maintain an up -to -date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use 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 existing Tigard Transportation System Plan (TSP) and Tigard Comprehensive Plan have been found through the following analysis to be in compliance with state and regional requirements. The TSP has been prepared in accordance with the Transportation Planning Rule (OAR 660 -12) and is consistent with the Regional Transportation System Plan. The Tigard 99W Plan was developed in recognition of citizen concerns regarding traffic congestion on Highway 99W and the need to resolve congestion and safety problems. A series of recommendations were made to establish the desired future direction of traffic management on 99W. The proposed amendments to the TSP and Comprehensive Plan will adopt the policy direction found in Alternative B of the Tigard 99W Plan. The Tigard 99W Plan and proposed amendments were developed in coordination with state and regional partners and will maintain compliance with their requirements. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1, Policy 1. Policy 2. The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. Findings: The proposed amendments will continue to support the existing land uses future development potential in the City of Tigard by helping to provide a more efficient and safe transportation system. Furthermore, the following analysis has proven that the application is consistent with and implements the Tigard Comprehensive Plan. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1, Policy 2. STAFF REPORT TO THE CITY COUNCIL CPA 2008- 00011'1'IGARD 99W IMPROVEMENT PAGE 11 00 21 AND MANAGEMENT PLAN AMENDMENTS Policy3. The City shall coordinate the adoption, amendment, and implementation ofits land use program with other potentially affected jurisdictions and agencies. Findings: The City established a Technical Advisory Committee (TAC) specific to the development of the Tigard 99W Plan to provide input throughout the process. The TAC represented ODOT, Metro, TriMet, DLCD, King City, Washington County, and Tualatin Fire Valley and Rescue. 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. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1, Policy 3. Policy 20. The City shall periodically review and, ifnecessary, 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 Tigard 99W Plan was developed to evaluate alternatives that address citizen concerns regarding the heavy traffic congestion on Highway 99W. The primary intent of the proposed amendment is to ensure the Comprehensive Plan remains a viable tool for decision - makers and reflects current community conditions and values. Through the planning process, discoveries about changed conditions led to recommendations for updates to the TSP. Discoveries include the Highway 217 overpass and railroad right -of -way overpass will never be widened to 7 lanes. Analysis has also shown, and the City recognizes, that latent demand will eat up any capacity improvements. There is also a lack of funding for large scale capacity improvements. The City also recognizes the need for transit to support compact, efficient development along the Highway 99W corridor. By updating the TSP and Comprehensive Plan, the City will be relying on current information and remain in compliance with applicable laws, rules, regulations, plans, and programs. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 2.1, Policy 20. Goal 6: Environmental Quality Goal 6.1. Reduce air pollution and improve air quality in the community and region. Policy 5. The City shall cooperate with other public agencies to minimize localized transportation impacts to air quality through intersection improvements, access management, intelligent transportation systems, etc. Findings: The development of the Tigard 99W Plan was completed with input from regional partners. The intent of the proposed amendments are to implement the Tigard 99W Plan's Alternative B, which proposes all transportation modes be enhanced though a series of projects over the long term, including medians, access management, intersection improvements, parallel roadway connections, and other off - highway improvements. The proposed amendments also lay the ground work for efficiency of movement along the highway corridor and minimizing impacts to air quality through increasing the STAFF REPORT TO TI-M, CITY COUNCIL. CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 12 Of 21 AND MANAGEMENT PLAN AMENDMENTS scope of pedestrian and bike projects and supporting transit improvements along the highway. The proposed amendments will make more efficient use of the Hwy 99W infrastructure. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 6.1, Policy 5. Goal 12: Transportation Goal 12.1. Transportation System Policy 1. Plan, design, and construct transportation facilities in a manner which enhances the livability of Tigard by: A. Proper location and design of transportation facilities. B. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. Findings: The proposed amendments increase the scope for pedestrian and bike projects (proposed amendments 1, 2, 3, 7, 8, and 9) and support transit improvements along the highway (proposed amendments 11 and 12). The proposed amendments will continue to enhance the livability of Tigard by addressing congestion issues through access management (proposed amendments 14, 15, and 16), intersection improvements (proposed amendments 6, 20, and 21), and alternative transportation improvements (proposed amendments 1, 2, 3, 6, 7, 8, 9, 11, 12, 14, 15, 16, 20, and 21). The proposed amendments were formulated based upon evaluations and modeling to balance capacity, safety, funding priorities, and alternative transportation use. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 12.1, Policy 1. Policy 2. Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle, bicycle, pedestrian, transit and other modes) by: C. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the bicycle master plan. All schools, parks, public facilities, and retail areas shall strive to have direct access to a bikeway. D. Construction of sidewalks on all streets in Tigard. All schools, parks, public facilities, and retail areas shall strive to have direct access to a bikeway. Findings: The proposed amendments increase the scope for pedestrian and bike projects (proposed amendments 1, 2, 3, 7, 8, and 9). The amendments call for bicycle lanes and sidewalks along the entire length of the Highway 99W corridor through Tigard. Sidewalk infill projects added to the TSP pedestrian component will help to ensure pedestrian safety along the corridor. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 12.1, Policy 2. Policy 7. Implement the Transportation System Plan (TSP) in a coordinated manner. By coordinating and cooperating with adjacent agencies (including Washington County, Beaverton, Tualatin, Lake Oswego, City of Portland, Tri -Met, Metro and ODOT) when necessary to develop transportation projects which benefit the region as a whole in addition to the City of Tigard. STAFF REPORT 10 THE CITY COUNCIL CPA 2008 -00011 'I'IGA RD 99W IMPROVEMENT PAGE 13 OF 21 AND MANAGEMENT PLAN AN[ENDMI:?NI'S Findings: The City of Tigard has an adopted TSP that is consistent with OAR 660 -12 (Transportation Planning Rule). The proposed amendments are derived from the Tigard 99W Improvement and Management Plan. The development of the Tigard 99W Plan was funded by the ODOT Transportation and Growth Management Program and included participation from regional and state partners. Both ODOT and Metro support the proposed amendments to improve traffic conditions on Highway 99W. The intent of the proposed amendments are to implement the Tigard 99W Plan's Alternative B, which proposes all transportation modes be enhanced though a series of projects over the long term, including medians, access management, intersection improvements, parallel roadway connections, and other off - highway improvements. The proposed amendments also increase the scope for pedestrian and bike projects along the highway. The proposed amendments will make more efficient use of the Hwy 99W infrastructure and benefit the region and community, which is consistent with this policy. Additionally, 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. Conclusion: Based upon the above findings, the application complies with Tigard Comprehensive Plan Goal 12.1, Policy 7. Conclusion(s): Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. APPLICABLE METRO REGULATIONS: Regional Transportation System Plan Sets the policies, systems and actions to adequately serve walking, bicycling, driving, use of transit and national and international freight movement in this region consistent with federal and state requirements. Findings: According to the RTP, latent travel demand in the Highway 99W corridor is too great to be reasonably offset solely by capacity projects. While the RTP proposed new capacity on 99W between I -5 and Greenburg Road, anticipated to be seven lanes by 2025, no specific capacity projects are proposed south of Greenburg Road. However, due to latent demand, Highway 99W is not expected to meet the region's motor vehicle level of service policies during mid -day and peak demand periods in the future, and an alternative approach to managing and accommodating traffic in the corridor is needed. The RIP concluded that more emphasis on demand management, access management, local street connectivity and congestion management is needed to address congestion in the Highway 99W corridor. The proposed amendments adhere to the recommendations in the RTP for alternative approaches, other than capacity projects, to managing and accommodating traffic in the corridor. However, the proposed amendments will adjust the recommended width of the portion of the corridor between Greenburg Rd and Interstate 5 as five -lanes and an adjustment to the REP will need to be made during its current update. The City must ensure the RTP reflects the City's plan for Highway 99W. ODOT and Metro staff are aware of the needed change and Tigard staff will collaborate on ensuring the adjustment is made. The proposed amendments will implement the Tigard 99W Plan's recommended Alternative B ,which proposes all transportation modes be enhanced though a series of projects over the long term, including medians, access management, intersection improvements, parallel roadway connections, and other off- STAFF REPORT 1'O "11-111 CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 14 OF 21 AND MANAGEMENT PLAN AMENDMENTS highway improvements. This alternative supports the RTP's conclusion of access and congestion management and general area planning. The proposed amendments are consistent with the RIP. Conclusion: Based upon the above findings, the application complies with the Regional Transportation System Plan. Conclusion(s): Based upon the analysis above, staff fords the proposed amendments are consistent with the applicable Metro regulations. APPLICABLE STATEWIDE LAND USE PLANNING GOALS Statewide Planning Goals Statewide Planning Goal 1— Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: A Public Involvement Program for the creation of the Tigard 99W Plan was developed as part of the scope of work. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via Cityscape articles, press releases, articles in the local paper, and three project open houses. Outreach methods also included stakeholder interviews and a survey sent to property owners and businesses located along Highway 99W. 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 March 12, 2009 issue of The Tigard 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. The public hearings will be conducted pursuant to Oregon statutory requirements to ensure testimony pertaining to this matter is presented in a manner that allows it to be included as part of the evidentiary record. Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 1. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendments to the Tigard Transportation System Plan and Comprehensive Plan are being processed as a Type IV procedure, which requires that it be consistent with any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City implementing ordinances. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report. Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 2. Statewide Planning Goal 11- Public Facilities and Services STAFF REPORT 10 THE CITY COUNCIL. CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 15 OF 21 AND MANAGEMENT PI..AN AMENDMENTS The goal requires planning and development of a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. Required public facilities and services are to be provided at levels necessary and suitable for existing uses. Findings: The proposed amendments support the efficient arrangement of transportation facilities along Highway 99W. The Oregon Department of Transportation and Metro both were involved in the development of the Tigard 99W Plan and support the proposed amendments. The proposed amendments are intended to enhance all transportation modes though a series of projects over the long term, including medians, access management, intersection improvements, parallel roadway connections, and other off - highway improvements. The proposed amendments will ensure transportation facilities are provided at levels along Highway 99W necessary and suitable for existing uses. Following amendment adoption, any necessary changes will be made to the Public Facilities Plan to reflect changes in any identified capital improvement projects. Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 11. Statewide Planning Goal 12 - Transportation: The goal aims to provide "a safe, convenient and economic transportation system. "It asks for communities to address the needs of the "transportation disadvantaged." Findings: The existing Tigard Transportation System Plan (TSP) has been prepared in accordance with the Statewide Planning Goals and requirements and will result in a less congested, safer, multi- modal, and more orderly transportation system. Tigard's TSP is consistent with the RTP and has been reviewed by ODOT, Metro and DLCD for consistency with Statewide Planning Goal 12. The proposed amendments refine the TSP to reflect existing conditions, increase project scope for pedestrian and bike projects, encourage access management, and enhance intersection safety to address congestion issues on Highway 99W. The Transportation Planning Rule, OAR 660 Division 12, requires local jurisdictions to prepare and adopt local transportation system plans that serve as the transportation element for their comprehensive plans (OAR 660 - 012 - 0015(4)). Since the City of Tigard proposes to amend the Tigard Transportation System Plan (TSP) based on recommendations found in the Tigard 991YW Improvement and Management Plan, the background information will be adopted by reference as findings to amend the TSP. Conclusion: Based upon the above findings, the application complies with Statewide Planning Goal 12. Conclusion(s): Based upon the analysis above, staff finds the proposed amendments are consistent with the Statewide Land Use Planning Goals. APPLICABLE STATEWIDE TRANSPORTATION GUIDELINES Oregon Transportation Plan The goal is a safe, efficient and sustainable transportation system that enhances Oregon's quality oflife and economic vitality. Findings: The Oregon Transportation Plan (OTP) is the state's long -range multimodal transportation plan for Oregon's airports, bicycle and pedestrian facilities, highways and roadways, pipelines, ports and STAFF 12EPO12'1' TO T1 -IE CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVE PAGE 16 00 21 AND MANAGEMENT" PLAN AMENDMENTS waterway facilities, public transportation, and railroads. It is a comprehensive, 25 -year plan for the transportation system to provide economic efficiency, orderly economic development, safety and environmental quality. Required by Oregon and federal statutes, the OTP guides development and investment in the transportation system. The existing Tigard TSP has been prepared in accordance with the Statewide Planning Goals and other applicable Plans, statutes and regulations. Tigard's TSP has been found to be consistent with the RIP and has been reviewed by ODOT, Metro and DLCD for consistency with Statewide Planning Goal 12 and associated Plans such as the Oregon Transportation Plan. Since Highway 99W is a state -owned facility, the City of Tigard applied for and received a Transportation and Growth Management (TGM) grant from the State of Oregon to develop solutions to the traffic congestion on Highway 99W. The result was the development of the Tigard 99Wlmprovement and Management Plan (Tigard 99WPlan). The proposed amendments implement the recommendations found in the Tigard 99W Plan. The proposed amendments will encourage alternative transportation modes and enhance the comprehensive transportation plan for the City by making more efficient use of the I-Iwy 99W infrastructure. The proposed amendments are anticipated to improve traffic flow, reduce traffic congestion, reduce traffic crash rates, and improve options for pedestrians, cyclists, and transit riders. Conclusion: Based upon the above findings, the application complies with the Oregon Transportation Plan. Oregon Highway Plan Defines policies and investment strategies for Oregon's state highway system for the next 20 years. It further refines the goals and policies of the Oregon Transportation Plan and is part of Oregon's Statewide Transportation Plan. Findings: The Oregon Highway Plan prioritizes major improvements to state -owned highways, including Highway 99W, to improve the efficiency of the system. The highest priority is to preserve the functionality of the existing highway system by means such as access management, local comprehensive plans, transportation demand management, improved traffic operations, and alternative modes of transportation. The second priority is to make minor improvements to existing highway facilities such as widening highway shoulders or adding auxiliary lanes, providing better access for alternative modes (e.g., bike lanes, sidewalks, and bus shelters), extending or connecting local streets, and making other off - system improvements. The third priority is to make major roadway improvements to existing highway facilities such as adding general purpose lanes and making alignment corrections to accommodate legal size vehicles. The lowest priority is to add new transportation facilities such as a new highway or bypass. The existing Tigard TSP has been prepared in accordance with the Statewide Planning Goals and other applicable Plans, statutes and regulations. Tigard's TSP has been found to be consistent with the RTP and has been reviewed by ODOT, Metro and DLCD for consistency with Statewide Planning Goal 12 and associated Plans such as the Oregon Highway Plan. The proposed amendments implement the recommendations found in the Tigard 99W Plan. The proposed amendments will encourage alternative transportation modes and enhance the comprehensive transportation plan for the City by making more efficient use of the Hwy 99W infrastructure. Alternative B, the recommended alternative, proposes all transportation modes be enhanced though a series of projects over the long term, including medians, access management, intersection improvements, parallel STAFF REPORT TO THE CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 17 OF 21 AND MANAGEMENT PLAN AMENDMENTS roadway connections, and other off - highway improvements. This is consistent with the Oregon Highway Plan and the proposed amendments will promote the goals and highest priorities of the Oregon Highway Plan. Conclusion: Based upon the above findings, the application complies with the Oregon Highway Plan. Transportation Planning Rule: OAR 660 -12 Intended to implement Statewide Planning Goal 12 by providing guidelines for local governments to demonstrate compliance with Goal 12 through their Transportation System Plans. Findings: The Tigard TSP contains required elements listed as required in OAR 660 -12 -0020, OAR 66012 -0025, 660 - 012 -0030, 660 - 012 -0035, 660- 012 -0040, 660- 012 -0045, OAR 660 -12 -0050, and 660- 012 -0060 complying with Statewide Planning Goal 12. The proposed amendments do not jeopardize this compliance. The proposed amendments refine the existing TSP projects and enhance its performance. Therefore, the proposed amendments are consistent with OAR 660 -12. Conclusion: Based upon the above findings, the application complies with the Transportation Planning Rule. Conclusion(s): Based upon the analysis above, staff fords the proposed amendments are consistent with the Statewide Transportation Guidelines. STAFF REPOR'f '1'0'I HE C1'1'Y COUNCIL CPA 2008 -00011 TIGARD 99\V IMPROVEMENT PAGE 18 OF 21 AND MANAGEMENT PLAN AMENDMENTS SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Engineering Division, Current Planning Division, and Long Range Planning Division were involved throughout the process, from Tigard 99W Plan development to the writing of findings. All comments have been incorporated into the Staff Report. Conclusion(s): Based on the input from various City divisions throughout the process, staff finds the proposed amendments do 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, District 2A Tualatin Hills Park and Recreation District Tualatin Valley Water District Tualatin Valley Fire & Rescue The following agencies /jurisdictions had an opportunity to review this proposal and had the following comments: Clean Water Services: Recommended the inclusion of 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 (see Exhibit B). Findings: The proposed amendment does not reference issues relating to development, natural resources, vegetated corridors, erosion control,. and preservation of wetlands or natural drainage ways. These issues, and specifically the Design and Construction Standards are not applicable. City of Beaverton: Recommended the deleted turn lanes in proposed amendment 21 (Table 8 -8 changes) should be maintained in the TSP improvements to assure the 5 -lane section would handle future needs of the region (see Exhibit C). Findings: Maintaining the flexibility within the TSP to use auxiliary turn lanes at intersections is a benefit to the community and the function of Highway 99W. Comments submitted by the City of Beaverton suggest intersection improvements included in Table 8 -8 should be maintained and not removed as recommended by the Highway 99W Plan. The Engineering Division agrees with the Beaverton comments. Leaving the projects in the TSP will provide flexibility and the projects can be reevaluated during the complete update of the TSP this year. STAFF REPORT TO THE CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 19 OF 21 AND MANAGEMENT PI.,AN AMENDMENTS Oregon Department of Transportation, Region 1: ODOT supports the proposed amendments. However there may be instances where an additional through lane is needed between intersections, which would not meet the "auxiliary lanes for additional intersection capacity ". ODOT recommends further clarification to retain flexibility. ODOT also recommends proposed amendments 8 and 9 are reworded from "Pedestrian Activated Signalized Crossing" to "Pedestrian Crossing Enhancements" with an asterisk stating "requires approval from State Traffic Engineer" (see Exhibit D). Findings: Circumstances may exist where an auxiliary lane will be continuous between two intersections. City staff agrees with ODOT and have included the word function to cover this scenario. The asterisk language will now read: `H-I ighway 9917 may include auxiliary lanes for additional intersection capacity, function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and/ or capacity would otherwise be constrained. For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross- section and auxiliary lanes that will be necessary to serve that intersection." Pedestrian connectivity is also an important component of the Tigard 99W Plan. However, signalized crossings are not always feasible for Highway 99W. City staff agrees with ODOT, and the Planning Commission as expressed at its March 2, 2009 workshop, that a signalized crossing may not be the best option as indicated in amendment 8 and 9 (TSP Table 5 -2). The language has been re- worded for the Commission's consideration as recommended by ODOT: "Pedestrian .Activated Signal Crossing Enhancements *" *Requires approval from State Traffic Engineer Conclusion(s): Based on responses, or no response, from outside agencies listed above, staff finds the proposed amendment, and the changes made based upon submitted comments, meets all requirements of these agencies and does not interfere with the best interests of the City. SECTION VIII. CONCLUSION Staff concludes that the proposed changes comply with the applicable Statewide Planning Goals, Statewide Transportation Guidelines, Metro regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission recommend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD TRANSPORTATION SYSTEM PLAN AND COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SERVICES COMMENTS EXHIBIT C: CITY OF BEAVERTON COMMENTS EXHIBIT D: OREGON DEPT. OF TRANSPORTATION, REGION 1 COMMENTS STAFF REPORT TO '1'1 -112 CITY COUNCIL CPA 2008 -00011 TIGARD 99W IMPROVEML:NT PAGE 20 00 21 AND MANAGEMENT PLAN AMENDMENTS G^' /— June 5, 2009 PREPARED BY: Darren WysJ DATE Senior Planner June 5, 2009 APPROVED BY: Ron Bunch DATE Community Development Director STAFF REPORT TO Tl -IE CITY COUNCIL CPA 2008- 00011 TIGARD 99W IMPROVEMENT PAGE 21 OF 21 AND MANAGEMENT PLAN AMENDMENTS EXHIBIT "B" CleanWater Services Our commitment is clear. MEMORAN]MJM DATE: March 10, 2009 FROM: David Schweitzer, Clean Water Services TO: Darren Wyss, Senior Planner City of Tigard Planning Division SUBJECT: Review Comments — Tigard Transportation Plan, 2008 -00011 CPA GENERAL COMMENTS ® We recommend following any and all relevant provisions of the current Intergovernmental Agreement (IGA) 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 on line at: http: // cleanwaterservices. org /PermitCenter /DesignandConstruction /Update /default.aspx) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. 2550 SW Hillsboro Highway • Hillsboro, 0 ?egon 97123 Phone: (503) 681 -3600 • Fax: (503) 681 -3603 • www.CleanWaterServices.org EXHIBIT "C" Darren Wyss From: Jabra Khasho [jkhasho @ci.beaverton.or.us] Sent: Friday, March 20, 2009 2:15 PM To: Darren Wyss Cc: Margaret Middleton; Steven Sparks Subject: Tigard Comprehensive Plan Amendments (CPA) 2008 -00011 Comments We have reviewed the application for the Comprehensive Plan Amendment for Highway 99W in Tigard and have the following comments. Although the proposed amendments emphasize that Highway 99W should only have a maximum of 4 or 5 lane for thru traffic except at the intersections where additional intersection capacity, and turn lanes are needed to maintain traffic flow. It appears that many of the turn lanes under proposed amendment 21 to the TSP Motor Vehicles chapter were deleted. Chapter 14 of the City of Tigard current TSP confirms that even if Highway 99W is widened to 7 lanes it will operate at level of service F in the future. Therefore we believe that the proposed turn lanes in the existing TSP improvements should be maintained to assure that the 5 lane section would handle future needs of the region. Thank you for the opportunity to comment on this proposal. Sincerely, Jabra Khasho City Traffic Engineer PUBLIC RECORDS LAW DISCLOSURE This e -mail is a public record of the City of Beaverton and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This email is subject to the State Retention Schedule. EXHIBIT "D" f0 "F! +7'� • e ' a 1,14. 1I1I regori. Oregon Department of Transportation ,� l y � ODOT Region 1 Ic tnx_. p .� L ` Theodore R. Kulon,oski, Governor 123 NW Flanders St 41659-- Portland, OR 97209 - 4037 Telephone (503) 731 -8200 FAX (503) 731 -8259 File code: PLA9 -2A -91 ODOT Case No: 1479 3/23/2009 City of Tigard Planning Division 13125 SW Hall Blvd Tigard, OR 97223 Attn: Darren Wyss, Senior Planner Re: CPA2008- 00011: Tigard 99W TSP Incorporation Dear Darren, ODOT supports the proposed Comprehensive Plan Amendment to adopt the recommendations from the Tigard 99W Improvement and Management Plan which was developed by the City through a Transportation and Growth Management grant. By incorporating the plan recommendations for Alternative B the City and State will be better positioned to work together to obtain funding for the list of identified improvement projects that will improve the highway corridor for all travel modes. Development and adoption of the recommendations in the Tigard 99W Improvement and Management Plan is commendable. The plan seeks to balance the needs of all users of the system, adjoining property owners with limited funding for transportation. Instead of focusing primarily on adding system capacity, the plan recommendations focus on increasing safety through access management, strategic intersection improvements to address turning movements, providing transit queue bypass lanes to provide for more efficient transit, enhancing pedestrian /bicycle facilities and managing the system through signal timing coordination. The plan calls for retaining the four /five lanes on 99W instead of widening 99W to seven lanes as currently identified in the City's Transportation System Plan and the Regional Transportation Plan. Staff recommends in Part 4 that the five lanes be defined as "through lanes" which is necessary to "provide the flexibility for construction of auxiliary lanes for additional intersection capacity, turn lanes, or access management. Furthermore, although the committee recommended a five -lane maximum, staff recommends that some seven lane intersection configurations may be needed for function, ingress /egress spacing, and access management." ODOT supports the staff recommendation for retaining the four /five lanes on 99W while allowing flexibility. However, there may be instances where an additional through lane is needed to connect between two intersections which would not meet the "auxiliary lanes for additional intersection capacity" language. Based on the proposed wording, the flexibility to adding additional lanes could be interpreted to be limited to intersections. Recommend further clarification to retain flexibility. ; CPA2008- 00011, Tigard 99W TSP Incorporation; ODOT RESPONSE 2 In Appendix A page 4, the plan discusses pedestrian enhancements and identifies potential new crossing locations in Figure 1. As discussed in the plan, the speeds, traffic volumes and crossing widths on 99W makes identifying safe crossing treatments for pedestrians limited. The ability to meet pedestrian signalization warrants as crossing treatments is difficult on this stretch of 99W. The plan indicates that an engineering study will be required for proposed unsignalized crossings. The proposed amendments for Table 5 -2 Potential Pedestrian Projects, recommends projects to add pedestrian activated signalized crossing at SW 71 Ave and SW Watkins Ave on 99W. ODOT recommends that the plan allow for flexibility to do an engineering study to determine what the most appropriate pedestrian crossing enhancements are for each of these locations. If the access management plan identifies medians to be installed at these locations, this might be an opportunity to explore how to best accommodate pedestrian crossing at the each crossing location. Median islands could provide a refuge for pedestrians but would preclude the signalized pedestrian crossing option. Instead of specifying the crossing projects as "Pedestrian Activated Signalized Crossing ", we recommend the projects be identified as "Pedestrian Crossing Enhancements" with asterisk stating "requires approval from the State Traffic Engineer ". ODOT looks forward to continuing to work collaboratively with the City of Tigard to implement the Tigard 99W Improvement and Management Plan. Sincerely, Marah Danielson Development Review Planner C: Sam Hunaidi, Doug Baumgartner, Martin Jensvold, Canh Lam, Ross Kevlin, Lainie Smith, Rian Windschiemer, Jason Tell, ODOT Region 1 ATTACHMENT 3 -." City of Tigard I a , Memorandum To: Tigard Planning Commission rn 51.1') From: Darren Wyss, Senior Planner Re: CPA2008 -00011 Public Hearing Date: March 30, 2009 At its April 6, 2009 meeting, the Planning Commission will hold a public hearing to consider CPA2008- 00011. The Commission previously held a workshop on March 2, 2009 to discuss the proposed amendments to the Tigard Transportation System Plan and Tigard Comprehensive Plan, which originate from the Tigard 99W Improvement and Management Plan. The purpose of this memo is to 1. Address three language changes the Commission requested at the workshop; 2. Address comments received after the workshop from ODOT and Beaverton; and 3. Provide a summary recommendation and potential motion for the Commission. Planning Commission Requested change #1 Part 3 of the proposed amendment will update the list of recommended action measures (a total of 10 additions) found in Section 1 of the Tigard Comprehensive Plan Transportation Chapter. The proposed amendment language was recommended by the Tigard 99W Improvement and Management Plan Citizen .Advisory Committee. The requested changes were limited to two of the recommended action measures and are as follows: 27. The City shall adopt Alternative B as contained in the Tigard 99W Plan as part of its Transportation System Plan and prioritize its recommendations. Subsequently, the City shall, in conjunction with other agencies, jurisdictions, and stakeholders, develop action plans to implement the alternative's specific project recommendations. Action plans to implement Alternative B shall include design and engineering strategies, funding measures, and stakeholder and citizen engagement. Reasonable time frames shall be associated with the action plans. Commission reasoning — to clarify what /where Alternative B is. 33. Highway 99W Action Plans shall seek to enhance the economic vitality of the corridor through transportation, aesthetic land use, and other improvements. In addition, stir€€ resources shall be eeffi4=rtitteel used to coordinate business development and retention activities, and aid in communication among the business community and city government. MEMO 1'0 THE PLANNING COMMISSION CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 1 OF 4 AND MANAGEMENT PLAN AMENDMENTS Commission reasoning — throughout the update of the Tigard Comprehensive Plan, the Planning Commission and City Council tried to avoid language that committed City staff or resources to programs or projects as the Comp Plan is policy focused. This requested change was to maintain consistency with the rest of the Comp Plan language. Requested change #2 The Commission requested that any reference to the 5 -lanes of Highway 99W as through lanes be removed. Staff has removed the reference throughout the proposed amendments. Most references were associated with the asterisk language in Part 1 of the proposed amendment. Part 4 of the proposed amendment also made reference to through lanes and this has been removed. Commission reasoning — the reference to a 5 -lane Highway 99W would include the middle, or turn, lane which is not truly a "through" lane. Removing this language eliminates the possibility for confusion. Requested change #3 The Commission debated whether the addition of the language in proposed amendments 8, 9, 23, and 24 was appropriate. The proposed amendments would add two pedestrian activated signal crossings to the Other Potential Projects list. The Commission was concerned about the impact to traffic flow from adding additional traffic signals to the Highway 99W corridor. The Commission discussed various other solutions that could make the two particular intersections more pedestrian - friendly and asked staff to look into the feasibility of these projects and alternative language that would be more flexible. Staff comment - The recommended pedestrian activated signal crossings were included to improve pedestrian connections at the two most feasible locations along the corridor at this point in time. The Regional Transportation Plan calls for full street connections no more than 530 feet apart to provide accessibility and connectivity for all modes of travel. Figure 1 below is taken from the Tigard 99W Improvement and Management Plan and shows pedestrian crossing locations along Highway 99W. Figure 1: Exist/ n4 Crossin �s of H� 99W and Potential New Crossing Locations 1,400 1,250 1,301 800 ,s00 1, 720 430 1,000 1,000 2,680 670 700 630 1,020 1,040 650 1,270 1,330 * * * Limited Access EMIT MEM= r Availability E i 2 c o m g c - N co >. m O a. 5 cv m N c; o r• ti cc m U I Ca - ODOT Interchange Access Area X - No New Access - Potential New Access MEMO TO THE PLANNING COMMISSION CPA 2008-00011 TIGARD 99W IMPROVEMENT PAGE 2 00 4 AND MANAGEMENT AMENDMENTS ODOT staff also submitted comments (see Staff Report Exhibit D) that recommended the pedestrian activated signal crossings may not be the most feasible pedestrian treatment at the proposed locations. ODOT staff believes the projects are important pedestrian connections, but recommends changing the proposed amendment language (see below) to provide project flexibility. M Pedestrian Highway 99W at SW 71st Avenue Activated Signalized- Crossing Enhancements* M Pedestrian Highway 99W at SW Watkins Avenue Activated Signalized-Crossing Enhancements* *Requires approval from State Traffic Engineer The Planning Commission may wish to consider using ODOT's recommended language change (also included in Exhibit A) or use a number of other alternatives in lieu of removing the project language completely: • Pedestrian Crossing Amenities • Pedestrian - specific Crossing • Pedestrian Crossing Infrastructure • Crosswalk • Pedestrian Crossing Project ODOT Comments (Staff Report Exhibit D) ODOT pointed out instances where an additional lane may be needed between intersections, essentially creating a sixth lane for short distances. Such a circumstance would not meet the asterisk language of "auxiliary lanes for additional intersection capacity" and recoirunended further clarification to retain flexibility. Staff comment - In a case where an auxiliary lane may need to be continuous between two intersections, to provide flexibility the Commission may wish to consider including the word function to the asterisk language below TSP figures to read: `Highway 99W may include auxilia y lanes for additional intersection capacity, function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and/ or capacity would otherwise be constrained. For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross- section and auxiliay lanes that will be necessay to serve that intersection." • MEMO TO TI -IE PLANNING COMMISSION CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 3 OF 4 AND MANAGEMENT PLAN AMENDMENTS City of Beaverton Comments (Staff Report Exhibit C) Recommended the deleted turn lanes in proposed amendment 21 (Table 8 -8 changes) should be maintained in the TSP improvements to assure the 5 -lane section would handle future needs of the region. Staff comment - maintaining the flexibility within the TSP to use auxiliary turn lanes at intersections is a benefit to the community and the function of Ilighway 99W. After review, the Engineering Division agrees with the Beaverton comments. Circumstances have changed, mainly the design of the Hall and Greenburg intersection improvement projects, since the Tigard 99W Plan was completed. Many of the intersection improvements slated to be removed from the TSP list may need to be constructed to ensure the Hall and Greenburg improvements function at their full potential. The Engineering Division identified the projects that were originally recommended for removal, but should remain in the TSP to provide flexibility (see list below). The language in Exhibit A was adjusted accordingly. The projects will again be reevaluated during the complete update of the TSP this year. Main /Greenburg /ORE 99W Southbound Left turn lane Hall /ORE 99W Southbound right turn lane Northbound left turn lane Westbound right turn overlap ORE 217 NB Ramps/ Retain eastbound right turn lane_whcn ORE 99W widened to 7lanc5 ORE 99W 2 northbound left turn lane ORE 217 SB Ramps/ 2 " northbound left turn lane ORE 99W Dartmouth /ORE 99W Retain eastbound right turn lane_ - - - • • - 68th /ORE 99W Northbound left turn lane Southbound left turn lane Change to protected left turn phasing north /south Summary Recommendation The Commission's requested changes have been incorporated into the Staff Report Exhibit A, as well as ODOT and Beaverton comments. Therefore, if the Commission finds the proposed amendment complies with the applicable review criteria and agrees with the language adjustments made to the proposed amendment since the March 2, 2009 workshop, staff recommends the Planning Commission motions to: Find CPA2008 -00011 complies with the applicable review criteria; and Recommends the City Council adopt the amendments to the Tigard Transportation System Plan and Tigard Comprehensive Plan as found in Exhibit A. MEMO TO THE PLANNING COMMISSION CPA 2008-00011 TIGARD 99W IMPROVEMENT PAGE 4 OF 4 AND MANAGEMENT PLAN AMENDMENTS ATTACHMENT 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 2, 2009 1. CALL TO ORDER President Inman called the meeting to order at. 7:02 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 Doherty, Fishel, H.asman, Muldoon, and Vermilyea [arrived after roll call] Commissioners Absent: Commissioner Anderson, Caffall, Walsh, and Alternate Gaschke Staff Present: Ron Bunch, Community Development Dir.; Carissa Collins, Sr. Management Analyst; Gus Duenas, City Engineer; Darren Wyss, Sr. Planner; Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS — None 4. APPROVE MEETING MINUTES 2-23-09 Meeting Minutes: [Due to the short amount of time between meetings, the 2/23/09 meeting minutes will be up for consideration at the next meeting (March 16).] 5. WORK SESSION CAPITAL IMPROVEMENT PLAN (CIP) Ron Bunch, Community Development Director, introduced City staff member, Carissa Col lins, Senior 'Management Analyst. He said this presentation is the introduction to the FY2009-2010 Capital improvement Plan and if there were any questions the commissioners had that staff was unable to answer immediately, staff would get back to them. He said if any questions were to come up between now and April 20th, that the commissioners would please forward them to staff and they would then be forwarded on to Council and the Budget Committee. He stated if they wished to collectively deliberate the CIP as a body and consider it more before April 20(h, staff would be glad to schedule that in. Collins stated that she was present to ask for Planning Commission input to the Budget Committee regarding this 5 year Plan. She noted the funding is $61.9 million with S23.3 funded in 09-10. She said that it is broken up into different systems: the Street system, Park system, Facilities, Downtown, Storms, and Sanitary Sewer. She went over the basic highlights of each system — some of which are: PLANNING COMMISSION MEETING MINUTES - March 2, 2009 - Page 1 of 5 Burnham and Ash = $10.2 million - fully funded. 'PIVIMP [Pavement Major Maintenance Program] = S5.4 million funded over the 5 year period. She noted that's about S500,000/year and that presently there's an outreach for public input on how to determine the kind of street maintenance program we want to have. Sanitary Sewer & Storm projects are fully funded. Downtown projects are funded with grants, park SDC's, gas tax, and TIF [Tax Increment Financing] revenue. She said that so far as the Facilities System goes — the Facilities Master Plan is completed. The two primary projects are the new Police facility (about 512 million total), and the new Public Works facility (about $14 million). SOME QUESTIONS & COMMENTS BY COMMISSIONERS What impact will the [government] "Stimulus Package" have? Ron Bunch, Community Development Director answered: As we understand, the stimulus monies will be corning essentially in three successive waves. The first is transportation funding that will come to the state. The Metro portion of that is 530 million or so. Of that, Tigard is in line to get about 1.2 million dollars. Those monies are designated for street reconstruction or pavement management projects. Three of the projects are Bonita, 72nd, and Durham Road. Second and third rounds of stimulus will include projects that aren't quite on the line as of yet but include things such as parks, further transportation projects, water, sewer, storm drains - the kinds of things that may take a little longer to prepare. The third round, which is anticipated to come several months from now, will also include those projects that aren't really "shovel ready" and need more time to be prepared. Gus Duenas, City Engineer, spoke a bit further about the money coming through. He said what they did to get the projects out into a category in which not Much red tape is involved is to do 2" overlays. He said they have to pick streets in pretty good condition. Durham from Hall Blvd to Upper Boones is one big candidate - 72nd Ave and Bonita Road. He spoke a bit further about the process of receiving the stimulus funds. What is the process for prioritizing City projects in general? For street projects - what we primarily do is look at what Council goals are and what the Council mandate is. Right now it's Burnham St. and Ash St. — so that is the primary goal for now. Community Development, as a whole, will prioritize based on what Council goals are. What's being done about jaywalking near Tigard High School? Based on how long it takes to get the materials manufactured & delivered, we're looking to get a crosswalk in place by May of this year. There were some other questions regarding parks, streams, bridges, and trail repair. PLANNING COMMISSION MEETING MINUTES - March 2, 2009 - Page 2 of 5 6. WORK SESSION HIGHWAY 99W PLAN CPA2008-00011 Darren Wyss, Senior Planner, gave his presentation on behalf of the City. He stated that the purpose of the meeting was to become familiar with the proposed amendments to Tigard's Transportation System Plan (TSP) and the Comprehensive Plan (found in attachment 1 of the Planning Commission packet). The proposed amendments would incorporate recommendations found in the Tigard 99W Plan and those made by the project's Citizen Advisory Committee (CAC). The proposed amendments are divided into four components: 1. Update the Tigard Transportation System Plan to include recommended changes found in the Tigard 99W Improvement and Management Plan; (Found in Appendix C) 2. Incorporate the Tigard 99W Improvement and Management Plan by reference into the Tigard Transportation System Plan to serve as findings; 3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 99W Plan CAC; and 4. Amend the Tigard Comprehensive Plan Policy 6.A (under Goal 12.2) to reflect recommended 5 through lanes for Highway 99W. (Staff recommended for consistency with TSP amendments.) Wyss spent a few minutes reviewing the formulation of the Tigard 99W Plan and gave some background as to how the proposed amendments vere developed. He said the development of the Tigard 99W Plan vas funded by a Transportation Group Management crGivo grant to evaluate the potential solutions to traffic. congestion on Hwy 99W through Tigard. The intention of the project was to develop concept-level recommendations for transportation improvements and additional interventions to meet future needs in the Tigard 99W corridor. The development of the plan involved the traditional process of a) Inventorying of existing conditions; b) Analyzing needs, opportunities, and constraints; c) Developing alternative improvement concepts; and d) Comparing and evaluating alternative concepts. The primary focus of these alternatives was to identify projects aimed at alleviating congestion and also improving circulation along Hwy 99W through Tigard. The planning process ended up evaluating three alternatives: A. Partial widening of Hwy 99W through Tigard; B. Access management strategies in Tigard; and C. Widening of Hwy 99W to 7 lanes through Tigard. PLANNING COMMISSION MEETING MINUTES — March 2, 2009 — Page 3 of 5 In the end, Alternative B, which was the access management strategy, was chosen as the preferred alternative, as it best met the project objectives and criteria while carrying the fewest negative impacts to businesses in the community. Alternative 13 proposed that all transportation modes be enhanced though a series of projects over the long term, including medians, access management, intersection improvements, parallel roadway connections, and other off - highway improvements. This is based on maintaining a 5 -lane cross section for Hwy 991X/ through Tigard. Wyss noted it's important to keep in mind that choosing Alternative B was not done in a vacuum. Both public involvement and interagency coordination factored into choosing the preferred alternative. The Citizen Advisory Committee (CAC), Technical Advisory Committee (TAC), City staff, and the public all agreed that Alternative 13 was the best solution. ODOT, TriMet, Portland, and all other partner agencies endorsed the preferred alternative. The proposed amendments found in CPA2008-00001 were developed as a result of Alternative B being chosen during the process. In addition to the recommendation found in the Plan, the CAC developed a list of its own recommendations that they wanted forwarded to Council. These recommendations are proposed as Recommended Action Measures to be added to the Comp Plan transportation chapter. The Tigard 99W Plan was completed in June 2007. In November 2007 Council directed staff to prepare amendments to implement the Tigard 99W Plan. That is the reason this portion of the meeting was scheduled. COMMENTS & QUESTIONS BY COMMISSIONERS • I'm not sold that Alternative B is the best. I'm skeptical. • Were the recommendations and changes made in this document based on Alternative B - the different language? Yes, it was. • To what extent has anyone considered tolling Hwy 99 where it enters and exits Tigard on either end? That's one way to fiind it and keep the traffic down. I don't think that's going to fly. • Has it [a toll] been considered? Talked about? Vetted? It seems to me that given the very difficult issues we're facing and the fact that Tigard is more greatly impacted by 99W than any other community, that no discussion about what we're going to do with that road ought to go forward without having at least some kind of conversation about what the fiscal impacts [of a toll] are, PLANNING COMMISSION MEETING MINUTES — March 2, 2009— Page 4 of 5 and what the impacts are, on the volume of traffic. So there's my speech on the tolling issue. • I think what we're supposed to be doing tonight is do we have any questions or input on what's been added to the Comp Plan for transportation based on Alternative B. Are we not going to have that conversation because were talking about something else? President Inman answered — we veered off topic a bit because I wanted to allow Commissioner Verrnilyea to have his say on something he feels passionate about. There were further general questions including where a rail might be located along Hwy 99 \\I. There was a suggestion that a "reversible lane" could possibly be put on Hwy 99yx. At this point, the Commissioners went through the document (Land Use Application Narrative (proposed amendments) at length, and made various recommendations, which staff took note of. 7. OTHER BUSINESS 8. ADJOURNMENT President Inman adjourned the meeting at 9:15 p.m. • C Doreen Laughlin, Plann.ing Secretary ATTEST: President _Jodie Inman PLANNING COMMISSION MEETING MINUTES - March 2.2009- Page 5 of 5 ATTACHMENT 5 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 6, 2009 1. CALL TO ORDER President Inman called the meeting to order at 7:05 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, Hasman, Muldoon, and Vice President Walsh Commissioners Absent: Commissioners Fishel, Vermilyea, and alternate Commissioner Gaschke Staff Present: Ron Bunch, Community Development Director; Dick Bewersdorff, Planning Manager; Gus Duenas, City Engineer; Darren Wyss, Senior Planner; Todd Prager, City Arborist; Gary Pagenstecher, Associate Planner; Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS Commissioner Doherty reported that she'd attended the Metro 101 session in Hillsboro. She gave a short report and distributed CD's with the information to the Commissioners, along with an Urban and Rural Reserves Phase 3 Public Meeting Schedule. Commissioner Caffall reported that he'd attended the CCI (Committee for Citizen Involvement) meeting, and that he found that most of the neighborhoods are up and live with their websites. He said that's going well. He reported that Gus Duenas (City Engineer) is keeping the committee busy with Hwy 99W and street improvements. Vice President Walsh reported that he'd attended the Tree Board meeting the week before and they would be getting an update at the end of the meeting tonight. 4. CONSIDER MEETING MINUTES 3 -2 -09 Meeting Minutes: There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon to approve the 3 -2 -09 Planning Commission meeting minutes as submitted. PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 1 of 9 The motion to approve the minutes as submitted passed unanimously on a recorded vote, the Commissioners voted as follows: AYES: Commissioner Doherty, Commissioner Hasman, Commissioner Inman, and Commissioner Muldoon (4) NAYS: None (0) ABSTAINERS: Commissioner Anderson, Caffall, and Walsh (3) ABSENT: Commissioner Fishel, Vermilyea (2) 3 -16 -09 Meeting Minutes: There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon to approve the 3 -16 -09 Planning Commission meeting minutes as submitted: The motion to approve the minutes as submitted passed unanimously on a recorded vote, the Commissioners voted as follows: AYES: Commissioner Anderson, Commissioner Doherty, Commissioner Hasman, Commissioner Inman, and Commissioner Muldoon (5) NAYS: None (0) ABSTAINERS: Commissioners Caffall and Walsh (2) ABSENT: Commissioners Fishel and Vermilyea (2) 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008 -00011 LEGISLATIVE UPDATE: Tigard Transportation Plan and Comprehensive Plan Amendments to Incorporate Tigard 99W Improvement and Management Plan Recommendations PUBLIC HEARING OPENED Darren Wyss, Senior Planner, presented the staff report on behalf of the City. [Staff reports are available for public review at the City one week prior to public hearings.] Wyss said the Planning Commission was being asked to make a recommendation to City Council on CPA2008- 00011, which will amend the Tigard TSP and Comp Plan. He noted the Commission previously held a workshop on the proposed amendment on March 2, 2009. He said the proposed amendments will incorporate recommendations found in the Tigard 99W Improvement and Management Plan and those made by the project's Citizen Advisory Committee [CAC]. PLANNING COMMISSION MF, 1'ING MINUTES — April 6, 2009 — Page 2 of 9 Wyss highlighted a few components of the process: • Intended to develop concept -level recommendations for transportation improvements and additional interventions to meet future needs in the corridor. • The primary focus was to identify potential projects aimed at alleviating congestion and improving circulation. • The planning process ended up evaluating three alternatives • A -- partial widening of 99W thru Tigard • B -- access management strategy in Tigard • C — Widening of 99W to 7 lanes thru Tigard Wyss noted that in the end, Alternative B was chosen as the preferred alternative as it best met the project objectives and criteria while carrying the fewest negative impacts. He said it was important to keep in mind that choosing Alternative B was not done in a vacuum. Both public involvement and interagency coordination factored into choosing the preferred alternative. The proposed amendments found in CPA2008 -00011 were developed as a result of Alternative B being chosen. In addition to the recommendation found in the Plan, the CAC developed a list of its own recommendations to Council which are included as proposed Recommended Action Measures to be added to the Comp Plan transportation chapter. He said the proposed amendments are divided into the following four components: 1. Update the Tigard Transportation System Plan to include recommended changes found in the Tigard 99W Improvement and Management Plan; 2. Incorporate the Tigard 99W Improvement and Management Plan by reference into the Tigard Transportation System Plan to serve as findings; 3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 99W Plan Citizen Advisory, Committee; and 4. Amend the Tigard Comprehensive Plan Policy 6.A (under Goal 12.2) to reflect recommended through lanes for Highway 99W. (Staff recommended for consistency with TSP amendments.) Wyss noted a few minor changes had been made to the proposed amendments since the PC workshop on March 2, 2009. These changes were based on two things: • PC feedback at the workshop • Comments sent in by ODOT and Beaverton At this point Wyss went over a PowerPoint presentation. (Exhibit A) QUESTIONS BY COMMISSIONERS Is "function" defined? We can do that. PUBLIC TESTIMONY IN FAVOR — No one signed up to speak in favor. PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 3 of 9 PUBLIC TESTIMONY IN OPPOSITION — No one signed up to speak in opposition. President Inman asked if anyone in the audience wished to speak on this. Sue Beilke; 11755 SW 114th Place, Tigard, had a couple of questions regarding changes Wyss had made to table 11 -4 and 11 -5 — which he answered to her satisfaction. PUBLIC TESTIMONY CLOSED DELIBERATIONS /MOTION After a short deliberation,-there was a motion by Commissioner Doherty, seconded by Commissioner Caffall: "I move the Planning Commission forward a recommendation of approval to the City Council of application CPA2008 -00011 and recommend the City Council adopt the amendments to the Tigard Transportation System Plan and Tigard Comprehensive Plan as found in Exhibit A [of staff report] ." The motion passed unanimously on a recorded vote, the Commissioners voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Hasman, Commissioner Inman, Commissioner Muldoon, and Commissioner Walsh (7) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioners Fishel and Vermilyea (2) After the vote, Wyss was reminded that they would like him to add the definition of "function." He said he would. President Inman noted this will go to Council's 6/23/09 Business Meeting. 5.2 PUBLIC HEARING (Continued from 2- 23 -09) DEVELOPMENT CODE AMENDMENT (DCA) 2008 -00005 - SENSITIVE LANDS PERMIT REQUIREMENTS - On behalf of the City, Gary Pagenstecher, Associate Planner, handed out a revised memo (Exhibit B) with the changes in red. He said they offer a refinement in staff recommendation Option 3.c [3.c states: "Pedestrian /bicycle pathways within the floodplain shall include a wildlife assessment to ensure that the proposed alignment minimizes impacts to significant wildlife habitat. "] He said there were some comments [from Brian Wegener & John Frewing] at the back of that memo as well as a memo from Public PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 4 of 9 Works, Steve Martin [Parks & Facilities Manager]. Pagenstecher went over the memo which, he said, reflects the input he'd received. Pagenstecher said there were basically two issues: 1) the elevation criteria; and 2) the wildlife habitat issue. The revised recommendation gets rid of the elevation criteria altogether and instead requires a wildlife assessment for pathways within the floodplain. Briefly, the elevation criteria were originally designed for structure, protection, and maintenance. He said the Public Works memo spoke to that advising him that it simply wasn't an issue. Adding a criterion for wildlife is recommended for trails in the flood plain. QUESTIONS BY COMMISSIONERS There was a general question about the difference between bike and pedestrian impacts. PUBLIC TESTIMONY — IN FAVOR — No one was signed up to speak in favor. PUBLIC TESTIMONY — IN OPPOSITION — John Frewing, 7110 SW. Lola Lane, Tigard, OR spoke in opposition. He went over his written submitted comments at the back of the packet (back of Exhibit B). With regard to 3.c — he said there were several things that caused him concern. He'd like to see 3.c changed to say "pedestrian or bicycle pathways which are either replaced, new, or modified from this date forward, shall include this wildlife assessment." Secondly, he asked `what is a wildlife assessment ?" He said he can do a wildlife assessment in about 1 second. Someone else may take more time because it involves fish, or birds, or frogs, or whatever — are there standards that we can reference in that regard? He said he doesn't know. "Thirdly, you've used the word "significant wildlife habitat" that in our [Tigard] code — there's a map of significant wildlife habitat adopted for Goal 5 and I presume that's what you mean, but it doesn't say that here." He went on to say that "CWS right now has a waiver fox existing roads and trails in these low lying areas and so anything that exists that you're going to modify, repave, or replace escapes through that provision of CWS. And I don't want it to escape. I want it to have the wildlife assessment." Pagenstecher answered that any trail would go through a design development process and where trails are, for instance, modified for width, you would expect to have an assessment because they would be "new" trails and would be subject to the . criterion for pathways in a floodplain. Frewing said that was comforting to him. He then asked about the standard for wildlife assessment. Pagenstecher said there is no criterion for wildlife assessment at this time. It's not in the code and not proposed here. There are standards for it. There are wildlife assessments — they are ordered for a purpose. Secondly, Frewing asked whether wildlife assessment would be done at one point in time, or done over several important seasons. Pagenstecher said wildlife assessments indicate time of year done and try to accommodate for that. Frewing said seasonal differences should be picked up in a wildlife assessment. Did you say that would be picked up? Pagenstecher said yes, I think that would PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 5 of 9 be picked up. Frewing: Lastly, does "significant wildlife habitat" correspond to the city's map? Pagenstecher: What we're talking about here is a criterion that applies specifically to floodplains in the City of Tigard. Floodplains correlate with the highest height and limit value on the habitat map. Frewing: Okay — so it refers to the map. Pagenstecher: Yes. Erik Lindstrom, 6801 SW Canyon Crest Drive, Portland 97225 spoke in opposition — He thanked Gary for meeting with them on Friday and answering many of his concerns. He said he'd studied the watershed very intently for two years as part of writing a book about Fanno Creek. He spoke about management of ecosystem services and wildlife habitat within the City limits. He said he was concerned about the process itself. He doesn't like the idea of modifying code to meet the plan. He's not convinced the details are there that the certain damage that will occur to the watershed as a result of this is mitigated and offset by other activities. There were no questions from staff. Sue Beilke, 11755 SW 114th Place, Tigard spoke in opposition. She handed out her comments in written form and went over them (Exhibit C). There were no questions from staff. Brian Wegener, 12360 SW Main Street, Suite 100, Tigard, OR of the Tualatin Riverkeepers hadn't signed up, but spoke in opposition. He said he's concerned about bicycle road kills in these sensitive areas. He'd seen some of them. He's also concerned about trail washouts. Impacts should be minimized. He thinks the wildlife assessment should be defined. He's hoping this will be a "win -win" situation. He likes trails and access to nature but wants to make sure we are not taking away that nature by putting those trails in. QUESTIONS FROM STAFF: What do you believe is the solution? The solution could be perhaps putting trails going through wet areas up on pilings. In a slope situation — there are a lot of different choices. Reduce impervious areas that are causing stormwater run -off - that's very important to areas close to the streams. QUESTIONS OF STAFF Did ODF&W/further comment? No. Pagenstecher said he called to follow up on their first comment. He said the comment was global in that when there's a limited resource — generally speaking, the policy is — protect it whenever you can. He said that's consistent with their mission. PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 6 of 9 Is there the possibility of the City looking at what sort of su — what the trail's going to be made out of — before a trail is put in a floodplain? Is there any possibiliy in this code to go through and have that as part of the criteria? There are opportunities to introduce and apply green [environmentally friendly] trail criterion in the design development of any trail segment that the City may undertake. PUBLIC TESTIMONY CLOSED DELIBERATIONS President Inman said a floodplain is not necessarily a natural resource area so, potentially, we could be requiring wildlife assessments for a parking lot. She believes this is above and beyond other standards that are currently out there, and potentially onerous. She said she leans towards faith in CWS and other regulations as far as protecting resources and buffers — there's a dedicated public who will follow the development of the plan and will give input with regard to paths. That being said, she's not opposed to adding a wildlife assessment. The commissioners deliberated at length. MOTION After deliberations, there was a motion by Commissioner Muldoon, seconded by Commissioner Hasman: "I move we adopt DCA2008 -00005 Sensitive Lands Permit Requirement, selecting Option 3.c as amended April 6, 2009." The motion passed on a recorded vote - the Commissioners voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Hasman, Commissioner Inman, and Commissioner Muldoon (5) NAYS: Commissioner Walsh (1) ABSTAINERS: None (0) ABSENT: Commissioners Fishel and Vermilyea (2) PUBLIC HEARING CLOSED President Inman noted this will go to the 5/12/09 Council Business Meeting. 6. URBAN FORESTRY MASTERPLAN City Arborist, Todd Prager, said the slide presentation he was about to present highlights the packet that was distributed to the commissioners earlier. He encouraged them to review the PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 7 of 9 packet over the coming months to become familiar with the data that's been collected thus far for the Urban Forestry Master Plan. At this point he went over his slide presentation as an update of the Master Plan (Exhibit D). QUESTIONS FOR STAFF Why has the tree canopy decreased? Dick Bewersdorff, Planning Manager, answered, "There'd been more development in those years than we've ever had in Tigard." Prager added, "The fragmentation where the larger groves were being replaced with smaller individual plantings may indicate that the mitigation is helping to restore canopy in these residential zones." There were a few other questions and then the commissioners thanked Prager for a presentation they said was well done. 7. OTHER BUSINESS — Joint Meeting on April 21st — Tuesday — ideas for topics: The commissioners talked about some of the topics they may wish to discuss at that meeting. The consensus was that their main topic would be that of communication between the Council and the Commission; specifically, if Council chooses to over -ride one of their recommendations. They wondered what the plan is to communicate Council's reasoning as to why they disagree. Minutes: Planning Commission Bylaws - Article IV Section 12.E There was a decision to change the way the Commission considers /approves minutes. It was decided that, in light of the heretofore overlooked portion of the bylaws (below), in the future they would approve them differently than in the past. Article IV Section 12.E of the Planning Commission bylaws states: "Commissioners are expected to vote for approval of the minutes based on the accuracy of representation of events at the meeting. If there are no corrections, the President may declare the minutes approved as presented, without the need for a motion and vote. A vote in favor of adopting minutes does not signify agreement or disagreement with the Commission's actions memorialized in the minutes." So, if after asking if there are any corrections and, there being none, the President may declare the minutes "approved as presented" without the need for a motion and vote. PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 8 of 9 8. ADJOURNMENT President Inman adjourned the meeting at 9:26 p.m. Doreen Laughlin, Planning C. 'ssion Secretary +174 rUirglin6, ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES — April G, 2009 — Page 9 of 9 1 Q(L-c- 4 -- 0 ,. 6 / & /0? Legislative Hearing Statement by City Attorney Any person may offer relevant oral and/or written testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. City staff will identify applicable standards in the staff report at the beginning of the hearing. Members of the City Council will be asked whether they have any potential conflicts. A Council member with a potential conflict may participate after fully describing the potential conflict. An actual conflict exists if the decision would result in financial benefit to the Council member or family member. In cases of actual conflict, the Council member will not participate. After the discussion of conflicts, any person may challenge participation of a Council member based on an actual conflict or failure to disclose a potential conflict. The Council member in question may respond to such a challenge. After the discussion of conflicts and any challenges, City staff will summarize the written staff report and explain the proposed amendments. Then those in favor of the proposed amendments testify. Then those who oppose the amendments or who have questions or concerns testify. Council members may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, the City staff can make a closing statement. After the record is closed, the City Council will deliberate. During deliberations, the City Council may re -open the public portion of the hearing if necessary to receive additional evidence before making a decision. A copy of the rules of procedure for the hearing and copies of agendas for today's hearing are 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 at City Hall. You must 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. Failure to raise an issue clearly enough so that Council understands and can address the 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. Demonstrations from the audience that prolong or interfere with the hearing are prohibited. Please refrain from them. Comments from the audience other than from a recognized speaker should not be offered and will not be part of the record. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, please spell 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. These exhibits will be marked 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 \Legislative Information \City Attorney Legislative Script (2).doc 50014 -36799 City Attorney Legislative Script (2).doclMSOffice /5/12/2009 1 t Y � AGENDA ITEM No. 7 Date: June 23, 2009 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 (GPA2008-00011) - TIGARD TRANSPORTATION SYS'1'EM PLAN AMENDMENTS TO INCORPORATE TIGARD 99W IMPROVEMENT AND MANAGEMENT PLAN RECOMMENDATIONS 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 awiilable 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 /CCSignup /Leg. PH Transportation System Plan Incl. Tigard 99W Improvement & Mgmt. Plan Code Amendment s, AGENDA ITEM No. 7 June 23, 2009 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 awzilable to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # g Meeting Date June 23, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Update on the Washington County Urban and Rural Reserves Planning Process — CG # 1 Prepared By Ron Bunch Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Update on the Washington County Urban and Rural Reserve Planning Process. STAFF RECOMMENDATION Receive Councilor Buehner's report on the progress of the Washington County Urban and Rural Reserve Planning Process and provide direction if necessary. KEY FACTS AND INFORMATION SUMMARY The Metro Region's Urban and Rural Reserve Planning Process is in the 16` month of a 22 month process of determining what lands should be designated for future urban and rural reserves. Urban Reserves are lands intended to accommodate the next 40 to 50 years of growth in the Portland Metropolitan Region. Presently, 47,000 acres have been recommended by the Washington County Reserves Coordinating Committee (WCRCC) as Urban Reserves. Multnomah and Clackamas Counties are both engaged in their own planning process. Attachment 1 summarizes the remaining steps in the Urban and Rural Reserves project. Councilor Buehner will discuss a memorandum previously prepared by her regarding the status (Attachment 2). Washington County has asked the cities to do "pre- qualifying concept plans" for their growth aspiration areas to support the designated 47,000 acres for Urban Reserves. The intent is that these plans would show Metro and the state how the Urban Reserve factors of Oregon law and administrative rules would be met. Metro and the County have the responsibility to show the state if Urban Reserve candidate areas meet the specific criteria in the state administrative rules. However, given Tigard's non - contiguity with potential Urban Reserve areas and other reasons, it is recommended that the City take another, less intensive, approach to assist Metro and the County with this task. A memo from staff (Attachment 3) discusses this matter in greater detail. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 1.d — Develop a 50 -year aspirational goal in support of the Urban and Rural Reserves Program ATTACHMENT LIST Attachment 1: Urban and Rural Reserves Regional Project Schedule — Important Dates Attachment 2: Memo from Councilor Buehner to Mayor Dirksen and Members of the City Council Attachment 3: Memo from Ron Bunch, Community Development Director, regarding proposed concept planning for Urban Reserve candidate areas. FISCAL, NOTES N/A I: \ CDADM\RON\City Council Material \6 -23 -09 Council agenda item Urban and Rural Reserves.doc Attachment 1 Urban and Rural Reserves Regional Project Schedule — Important Dates May — July, 2009: Metro and counties, in partnership with cities and other stakeholders, conduct further evaluation of the suitability of rural and urban candidate areas. August, 2009: County advisory committees make recommendations to county commissions on rural reserve areas and urban reserve areas. August 21, 2009: Proposed extra -legal public testimony and comment session. September, 2009: Draft Urban Growth Report and Regional Transportation Plan available. Individual county reserve area recommendations presented to regional Reserves Steering Committee. October, 2009: Regional Reserves Steering Committee recommendation to Core 4 on preliminary rural reserve areas and urban reserve areas (Phase 3 Milestone.) Mid - October, 2009: Public outreach on preliminary reserve area recommendations. November, 2009: Core 4 final recommendations for reserve areas. December, 2009: Reserve areas recommended via inter - government agreements (Phase 4 Milestone.) March — April, 2010: Public hearings on land use ordinances and functional plan amendments to designate urban and rural reserves. May, 2010: Metro designates urban reserves; counties designate rural reserves (Phase 5 Milestone.) Schedule provided by Metro - May 6, 2009 Attachment 2 IN City of Tigard TIGARD Memorandum To: Honorable Mayor and City Council From: Councilor Gretchen E. Buehner Re: Status Report Regarding Urban /Rural Reserve Process Date: June 1, 2009 Council was not able to have its monthly review of the process on 5/26/09 because of the joint meeting with Lake Oswego. I wanted to give you a summary of what is going on currently. Since our next coordinating committee meeting is Monday, before our June 9 Council meeting, I would appreciate your feedback to my suggested strategy. I have drafted this for Tuesday's packet, so that you will have time to review and get back to me by the end of the week. At the May 11, 2009 meeting: 1. The Washington County Coordinating Committee voted to accept a map showing the aspirations of all the cities in Washington County. It included approximately 47,000 acres. 2. County staff presented an Urban Reserves Analysis Memorandum, which stated a need to continue the review process for approximately 47,000 acres (incidentally, the same number as the city aspirations). Unfortunately, there were lots of math errors in the report. You may have seen the front - page article in the Oregonian regarding this issue, printed a couple days after the meeting. I was contacted by the Oregonian reporter before I knew about the math errors. I responded by saying that the 47,000 number responded to the city aspirations and referenced the presentation by Professor Hough (demographic guy at PSU and works with Census bureau) at a recent WEA meeting. His talk emphasized that driving forces, which will affect growth in Washington County over the next 30 years, include a younger population, more ethnically diverse and likely to have more children. One of the charts looks like R2D2, showing a much larger percentage of the population being of child bearing age or younger. This contrasts with Clackamas County which will remain more homogenous and older. This will result in much larger population growth in Washington County. 1 There were no specific population projections, but the forces and trends will result in continued rapid growth in Washington County. Not in his power point was his comment that while the growth rate in the county will drop from the 1990 -2000 rate, actual growth will continue to grow rapidly. During the 5/11/09 meeting, I suggested that the committee members and staff be provided with a copy of the power point, which supported a lot of the conclusions reached by the County in its proposed memo. Committee members were asked to review the memorandum with their respective councils and come back to the coordinating committee in June. Per Mike Dahlstrom, Washington County, a copy of the power point will be sent to all committee members. 3. At the end of the meeting during public comment, Mr. Amstead, a farmer owning property along Roy Rogers between Bull Mountain Road and Beef Bend spoke on behalf of most of the other property owners. He stated that Roy Rogers has become a "freeway" inappropriate for rural vehicles and activities. He reported that three different tractors had been cited for "blocking traffic" while moving from one field to another over the last 18 months. Mr. Amstead that they had contacted representatives from Tigard about how all the owners could annex to Tigard as soon as possible. (These properties immediately abut area 64). 4. As of today the revised county memorandum has not been released. Per Mike Dahlstrom, a revised report will be released sometime Tuesday. The technical errors will be addressed at the June 8 meeting by Brent Curtis. 5. The Core 4 approved a revision to the Reserves timetable that extends the time allowed for creation and approval of supporting technical documents. The result is that the deadline for urban and rural reserves is extended to the beginning of October. This addresses some of the concerns outlined in our letter earlier this spring. Conclusions: • The extension will allow a more thoughtful decision process over the summer. • The approximately 47,000 acres recommended in the May memo reflects the areas specified in the city aspirations. • The information provided in Dr. Hough's report supports the County's argument that population growth will require a large amount of urban reserve land in Washington County. Irrespective of the math errors in the draft report last month, there is sufficient independent evidence to support a decision to continue analysis of the 47,000 acres. I would recommend approving the continued analysis of the 47,000 acres, and seek to incorporate Dr. Hough's report with the corrected number as the committee continues its work. I look forward to your comments later this week. cc: Craig Prosser I Ron Bunch 1 John Floyd 2 Attachment 3 City of Tigard TIGARD Memorandum r 9 A. F 1 .- To: Mayor Craig Dirksen and Members of the City Council From: Ron Bunch, Community Development Director Re: June 15, 2009 Date: Concept Planning for Urban Reserve Candidate Areas Washington County has asked the cities to do "pre- qualifying concept plans" for their growth aspiration areas to support the designated 47,000 acres for Urban Reserves. The intent is that these plans would show Metro and the state how the Urban Reserve factors of Oregon law and administrative rules would be met. It is proposed that the plans' level of detail be similar to that of the Metro 2040 Plan and Concept Plans required by Metro Title 11. The County justifies this work because it is "consistent with the Urbanization Forum's exploration of the policy which would provide governance and urbanizing land use authority by a city for all future UGB additions." However, these concept plans are not intended to be official or binding land -use plans. Staff has concerns about this level of "concept planning" for the area that Tigard noted it expects to provide urban services to within the next several decades. It is proposed that a generalized narrative , approach would be more suitable, focusing on the suitability/feasibility and timing of future urban development. This kind of effort would be more proportionate with the level of interest Tigard has expressed in this area. The following are reasons why Tigard should pursue its own course in this matter. • Tigard, unlike other Washington County cities, is not contiguous to non - urbanized land (possible urban reserve areas). The City is landlocked by unincorporated urban development. Washington County has not indicated it will work with the City to make it possible to annex and therefore extend municipal services to Urban Growth Areas 63 and 64. Annexing these areas is the only way that Tigard could be contiguous to future urban reserve areas. The costs associated with non - binding concept planning are difficult to justify without commitment from the County to make it possible for these lands to be annexed Tigard. • The development of detailed, but non - binding, concept plans has the potential to raise false expectations on part of property owners and investors. At this stage, with urban development many years away, it is more appropriate to discuss future urbanization and requisite infrastructure locations in general terms. • Detailed, area - specific concept planning by cities is not required by state law or the relevant administrative rules. Metro and the counties are responsible for making the case for designation of rural and urban reserves. Metro is currently developing a "suitability analysis tool" to evaluate how urban reserve candidate areas conform to the Urban Reserve Planning Factors of OAR 660 - 027 -0050. As previously noted, using this broader approach is a better fit with Tigard's circumstances. • Tigard has not indicated that it "aspires" urbanize these lands. The City has stated its aspirations are to increase urban densities in its Downtown, Washington Square, along Highway 99W, in the Tigard Triangle, and within its existing industrial and office park designations. In response to Washington County's previous request, the City expressed its expectation that it will ultimately provide municipal services to 1) unincorporated areas within its Urban Services Area, and 2) Urban Growth Areas 63 and 64, and lands west to the Tualatin River and Vandermost Road, excluding areas King City has determined necessary for its future growth. To prepare a detailed concept plan would be inconsistent with the City's previously stated position. • Staff is currently engaged in working on the City's priority projects that support its stated aspirations. Shifting staff and financial resources to develop a non - binding concept plan for a non - contiguous urban reserve candidate area would delay completion of existing projects. Instead of a detailed concept plan, it is recommended that the City develop a general urbanization suitability statement of sufficient detail that would provide adequate guidance to Metro and Washington County to make informed decisions about future Urban and Rural Reserve designations. l: \CDADM \RON \Memos \Urban reserves concept planning memo to Council 6- 1S- 09.doc •