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City Council Packet - 08/14/2012
II :. TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING August 14, 2012 COUNCIL MEETING WILL BE TELEVISED I: \Design & Communications \Donna \City Council\ccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov i • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: August 14, 2012 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM Agenda revised on August 9, 2012. Note: Updated on August 13, 2012 to remove Item C (above) and add an Executive Session topic to discuss potential litigation with legal counsel (ORS 192.660 (2) (h)) • STUDY SESSION A. Discuss Council Groundrules B. Briefing on a Draft Cooperative Improvement Agreement with Oregon Department of Transportation and Walmart II C. _ _ _ _ ' - � _ _ _ _ - - ' _ - .-z. - _ ' _ _ • ! _ ' ' (This item removed from Study Session on August 13, 2012) D. Administrative Items: • Attached is a revised resolution for Agenda Item No. 5, Initiate the Transfer of Jurisdiction of Certain County Roads to the City of Tigard. Changes include formatting changes as well as revised wording to describe this segment of road to be tranferred: • SW 113th Avenue, from Durham Road south to the Tigard city limits... Original wording was: SW 113th Avenue, south of Durham Road... • Council Calendar • August 21, Tuesday Council and CCDA meeting, 6:30 p.m. Town Hall • August 28, Tuesday Council Business Meeting, 6:30 p.m., Town Hall • September 3, Monday Labor Day Holiday, City Offices Closed • September 11, Tuesday Council Business Meeting, 6:30 p.m. Town Hall • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations, exempt public records and consultation with legal counsel regarding potential litigation, under ORS 192.660(2) (e) (f) and (h). 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. Study Session - Page 1 7:30 PM 1. BUSINESS MEETING A. Call to Order - August 14, 2012 B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. - estimated time A. Follow -up to Previous Citizen Communication B. Tigard Area Chamber of Commerce C. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered 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: 7:45 p.m. - estimated time A. RECEIVE AND FILE: 1. Council Calendar 2. Tentative Agenda • Consent Agenda - Items Removed for Setarate Discussion: Any items requested to be removed firm the Consent Agenda for separate discussion will be considered immediately after the Council/ COI Center Development Agency has voted on those items which do not need discussion. 4. PUBLIC HEARINGS CONTINUED - URBAN FORESTRY CODE REVISIONS LAND USE AND NON LAND USE ELEMENTS - WORKSHOP FORMAT WITH PLANNING COMMISSION AND STAFF (NO PUBLIC '1 ESTIMONY ACCEPTED AT THIS HEARING OR A CONTINUATION HEARING DATE TENTATIVELY SCHEDULED FOR SEPTEMBER 11, 2012. ADDITIONAL PUBLIC TESTIMONY WILL BE ACCEPTED AT ANOTHER CONTINUATION HEARING DATE TENTATIVELY SCHEDULED FOR OCTOBER 23, 2012) 7:55 p.m. - estimated time - URBAN FORESTRY CODE REVISION PROJECT - COMPREHENSIVE PLAN AMENDMENT (CPA) 2011 -00004 DEVELOPMENT CODE AMENDMENT (DCA) 2011 -00002 REQUEST: To implement the city's Comprehensive Plan as recommended by the Urban Forestry Business Meeting - Page 1 Master Plan, the City of Tigard is proposing a Comprehensive Plan Amendment adopting the "Significant Tree Groves" Map and Tigard Development Code (Title 18) Amendments to Chapters 18.115, 18.120, 18.310, 18.330, 18.350, 18.360, 18.370 18.390, 18.530, 18.610, 18.620, 18.630 18.640, 18.715,18.745, 18.775, 18.790, and 18.798. (Non Land Use Elements) In addition, in support of the Title 18 amendments, amendments are proposed to the Tigard Municipal Code (TMC) Chapters 1.16, 6.01, 6.02, 7.40, 8.02 through 8.16, 9.06, and 9.08. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: City of Tigard Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals 1, Citizen Involvement; 2, Land Use Planning; 5, Natural Resources; 6, Environmental Quality; 7, Hazards; 8, Parks Recreation, Trails and Open Space; 9, Economic Development; 10, Housing; 11, Public Facilities and Services; 12, Transportation; 13, Energy Conservation; and 14, Urbanization; METRO's Urban Growth Management Functional Plan Titles 1, 3, 12 and 13. Statewide Planning Goals 1, 2, and 5 through 14. • Continuation of public hearing from July 24, 2012. • Tentative Schedule for Urban Forestry Code Revisions (copies of following schedule at entrance to Town Hall for public): Meeting Meeting Type Meeting Purpose Date Aug 14, 2012 Council Public • Staff report summarizing public testimony from Hearing (workshop July 24th public hearing. format) (no public testimony) • Recommendation from and discussion with Planning Commission; and • Council direction to staff on issues of interest for further study or possible code changes. Sep 11, 2012 Council Public • Interactive staff report on issues of interest; and Hearing (workshop format) (no public • Council direction to staff on possible changes. testimony) Oct 23, 2012 Council Public • Staff report based on council direction from prior Hearing (public meeting; testimony) • Public testimony on any changes under consideration; and • Potential council decision on adoption of any changes and entire package. Nov 27, Council Public 2012 Hearing (public testimony) • Additional meeting in similar format as previous meeting if needed. A. URBAN FORESTRY CODE REVISIONS - DISCUSSION OF LAND USE ELEMENTS B. URBAN FORESTRY CODE REVISIONS - DISCUSSION OF NON LAND USE ELEMENTS Business Meeting - Page 2 5. INITIATE THE TRANSFER OF JURISDICTION OF CERTAIN COUNTY ROADS TO THE CITY OF TIGARD - RESOLUTION 9:00 p.m. - estimated time (Resolution replaced with clarified version during the Study Session.) RESOLUTION NO. 12 -31 - A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF CERTAIN COUNTY ROADS (SEGMENTS OF SW BARROWS ROAD, SW FRIENDLY LANE, SW ROSI-IAK ROAD, SW BULL MOUNTAIN ROAD AND SW 113TH AVENUE) WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD 6. ACCEPT THE FINAL REPORT OF THE TIGARD HIGH CAPACITY TRANSIT LAND USE PLAN - RESOLUTION 9:10 p.m. - estimated time RESOLUTION NO. 12 -32 - A RESOLUTION ACCEPTING THE FINAL REPORT OF THE TIGARD HIGH CAPACITY TRANSIT LAND USE PLAN FOR THE PURPOSE OF INFORMING FUTURE TIGARD PLANNING ACTIVITIES 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 9:30 p.m. - estimated time Business Meeting - Page 3 �d� Sess; AIS -972 A. Business Meeting Meeting Date: 08/14/2012 Length (in minutes): 15 Minutes Agenda Title: Discuss Council Groundrules Prepared For: Liz Newton Submitted By: Cathy Wheatley, Administrative Services Council Business Mtg - Study Item Type: Update, Discussion, Direct Staff Meeting Type: Sess. Information ISSUE The current groundrules are memorialized in Resolution No. 10 -60 and state that the City Council will review the groundrules annually during a July or August Workshop Meeting. The groundrules may also be reviewed and revised as needed at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. STAFF RECOMMENDATION / ACTION REQUEST Discuss the possible options for council's review of groundrules and reach consensus on an approach and timing. KEY FACTS AND INFORMATION SUMMARY The provision in the current council groundrules directing council to review their groundrules annually during a July or August workshop meeting was brought to the attention of the interim city manager last summer. Because it was anticipated that a new city manager would be on board for council goal setting at the end of the year, a decision was made to hold the groundrules discussion in conjunction with the goal setting. The council goal setting was conducted on December 6, 2011 with the new city manager in attendance. The council discussed the groundrules during a council training session on January 31, 2012. Guidelines prepared as a result were distributed to council at the February 14, 2012 meeting. There was discussion about how to memorialize the guidelines with the existing groundrules; Mayor Dirksen suggested an addendum. No further action was taken. (A copy of the February 14, 2012, minutes are attached; the summary of the groundrules discussion begins at the bottom of Page 5.) In November there will be an election for the office of mayor and two city council vacancies. Council goal setting will likely be held in early January after the newly elected mayor and councilors take office. In order to include the new mayor and council members it may be more appropriate to review the council groundrules in conjunction with the goal setting at the first of the year. Should council want to have flexibility when scheduling the annual review of groundrules in the future it would be appropriate to amend the groundrules to retain the annual review but delete the reference to specific months. There is time scheduled on the upcoming August 28 council meeting should council decide to either conduct their annual review of groundrules or amend the groundrules to delete the reference to specific months for the annual review and review the groundrules in conjunction with council goal setting. OTHER ALTERNATIVES 1. Conduct the annual groundrules discussion on August 28, 2012. 2. Direct staff to prepare a resolution amending the groundrules to delete the reference to specific months for the annual review. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Tigard City Council Groundrules (adopted by Resolution 10 -60) DATES OF PREVIOUS COUNCIL CONSIDERATION City Council training session on January 31, 2012. Council discussion on groundrules February 14, 2012 Attachments Resolution 10 -60 - Current Groundrules Addendum - Discussed at February 14, 2012 Council Meeting February 14, 2012, City Council Meeting Minutes CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- (20 A RESOLUTION AMENDING THE COUNCIL GROUNDRULES, ADDING THE CODE OF CONDUCT, AND SUPERSEDING RESOLUTION NO. 08-45. WHEREAS, the residents and businesses of the City of Tigard are entitled to have fair, ethical and accountable local government; and WHEREAS, the Tigard City Council desires to hold themselves to a high standard of integrity and ethical conduct as elected officials to support the public's confidence in the integrity of their local government's fair and effective operation; and WHEREAS, the Tigard City Council wishes to uniformly use the Council Groundrules, including the code of conduct, in their role as Mayor and Council (see Tigard Municipal Code 2.44.010), Local Contract Review Board (see Tigard Municipal Code 2.46.050) and the City Center Development Agency (see Tigard Municipal Code 2.64.060) and define a censure process for misconduct, nonperformance of duty or failure to comply with the law. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Council Groundrules are hereby amended and include the Code of Conduct for use by the Tigard City Council, the Local Contract Review Board and the City Center Development Agency. SECTION 2: The attached Council Groundrules (Exhibit A) supersede the City Council Groundrules adopted by Resolution No. 08 -45. • SECTION 3: This resolution is effective 30 days after its passage by the Council. PASSED: This q day of 2010. Mayor - City of Tigard A ! rST: ,41 . City Recorder - City of Tigard 4 RESOLUTION NO. 10 - ( Page 1 • Council Groundrules — Exhibit A to Resolution TIGARD CITY COUNCIL GROUNDRULES /n- C0(3 The Tigard City Council Groundrules are a compilation of role definitions and meeting process provisions set forth in the City Charter and Tigard Municipal Code as well as general practice and communication principles. The Council Code of Conduct provides the framework to guide Council in their actions as they serve in publicly elected office. City Council is the policy making body for the City of Tigard. The City Council will review the Groundrules annually during a July or August Workshop Meeting. The Groundrules may also be reviewed and revised as needed at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. Charter provisions may only be changed by a vote of the people. Code provisions may be changed by Council Ordinance. Groundrules may be changed by Council Resolution. CHARTER AND MUNICIPAL CODE PROVISIONS Council /Mayor Roles • The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) will include the Mayor, Council President and Council members. Conduct of City Meetings • Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. • The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. Members of the City Council may set other meetings of the full Council such as joint meetings with other agencies or general community meetings. Resolution Exhibit A - Council Groundrules November 2010 1 TIGARD CITY COUNCIL GROUNDRULES • Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays, the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. • Roll Call /Voting Order: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of the meeting. • Charter Section 19 provides that the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council. A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and 'passes' shall not be counted in the total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. City Council Compensation Section 2.44.020 of the Tigard Municipal Code provides for compensation for attendance at Council meetings and meetings for an intergovernmental board, committee or agency. The amount of the compensation for Council members may be reviewed and set annually by resolution of the City Council as part of the budget cycle. As part of the annual review, Council may elect to enter into an agreement with the Mayor or one City Councilor to assume additional responsibilities for additional compensation. The additional duties shall relate to representing the city on regional, state or federal issues and committees or task forces. The responsibilities and compensation shall be set by agreement between the Mayor or Councilor and the Council members. GENERAL GROUNDRULE PROVISIONS The next portion of this document is divided into three major sections identifying groundrules for the Meeting Process, Communication and Code of Conduct that: • Establish the meeting process; • Guide individual interaction and communication among Councilors and with the community; • Set out the Code of Conduct providing the framework to guide Council members in their actions and conduct; and Resolution Exhibit A - Council Groundrules November 2010 2 TIGARD CITY COUNCIL GROUNDRULES o Govern proceedings of the City Council, Local Contract Review Board and City Center Development Agency where they do not conflict with statutory provisions. MEETING PROCESS All Council meetings are open to the public with the exception of Executive Sessions, which are called under certain circumstances and topics are limited to those defined in ORS 192.660. o The Chair or other members if the Chair fails to remember may call for a Point of Order at or around 9 p.m. to review remaining agenda items. The Council may reset or reschedule items, which it feels may not be reached prior to the regular time of adjournment. o The Council's goal is to adjourn prior to 9:30 p.m. unless extended by majority consent of Council members present. If not continued by majority consent, the meeting shall be adjourned to the next scheduled meeting or the meeting shall be continued to another regular or special meeting at another date and time. o Regularly scheduled business meetings and workshops are generally televised. Definitions - Meeting Types, Study Sessions and Executive Sessions: BUSINESS MEETINGS o Regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. o Business meetings are generally scheduled to begin at 7:30 p.m. with a study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop -type of meeting (see Study Session definition below). o The "Citizen Communication" portion of the agenda is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens a chance to introduce a topic to the City Council. Citizen Communications are limited to two minutes in length and must be directed to topics that are not on the Council Agenda for that meeting. o At the conclusion of the Citizen Communication period, either the Mayor, a Council member or staff member will comment what, if any, follow -up action will be taken to respond to each issue. At the beginning of Citizen Communication at the next business meeting, staff will update the Council and community on the review of the issue(s), the action taken to address the issue, and a statement of what additional action is planned. Council may decide to refer an issue to staff and /or schedule the topic for a later Council meeting. Resolution Exhibit A - Council Groundrules November 2010 3 TIGARD CITY COUNCIL GROUNDRULES WORKSHOP MEETINGS o Regular meetings where Council reviews and discusses agenda topics. Council may not make final decisions during the meeting. Public testimony is not scheduled unless the Mayor or Council so choose. o Appropriate topics for Workshop meetings include: -- Introduce a Topic: Staff will bring up new items to determine whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. --- Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as a process check; i.e., is the issue on the right "track "? - Meet with individuals from City boards and committees or other jurisdictions to discuss items of common interest (examples: Tigard Planning Commission, Lake Oswego City Council, the Tigard - Tualatin School District). — Administrative Updates: Items such as calendar information, scheduling preferences, process checks. STUDY SESSIONS o Study Sessions usually precede or follow a Business Meeting or Workshop Meeting that are open to the public but not regularly televised. o Conducted in a workshop -type setting to provide Council an opportunity to review the Business Meeting Agenda and ask for clarification on issues or processes. Information is also shared on time - sensitive items. o Any Council member may call for a Point of Order to stop the discussion because he or she proposes that it would be more appropriate to discuss the matter during a Council Business Meeting. o If a Point of Order is raised, the City Council will discuss the Point of Order to determine whether the discussion should continue or be held during a Council Business Meeting. The decision on whether to continue the discussion or not shall be determined by the consensus of the Council members present. o If Council discusses a Council Agenda Topic in a Study Session prior to that Council meeting, either the Presiding Officer or City Manager will briefly state at the introduction of the Agenda Topic, the fact that Council discussed the topic in the Study Session and mention the key points of the discussion. Resolution Exhibit A - Council Groundrules November 2010 4 TIGARD CITY COUNCIL GROUNDRULES EXECUTIVE SESSIONS o Executive Sessions are held by the Council with appropriate staff or advisors in attendance. The purpose is to review certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has identified the ORS authorization for holding the Executive Session. Permitted topics are identified in ORS 192.660 and include employment of a public officer, deliberations with the persons designated by the Council to carry on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. Council Agendas and Packet Information o The City Manager will schedule agenda items with the objective of maintaining balanced agendas and allowing time to discuss topics within the meeting's time allotment. o The City Manager will schedule items allowing time for staff research and agenda cycle deadlines. o The agenda cycle calls for submittal of items ten days in advance of a Council meeting. With the exception of Executive Sessions, add -on topics and handouts during the meeting are to be minimized. o Councilors will prepare in advance of public meetings by reviewing packet material and requesting further necessary information in advance of the meeting. Staff will prepare in advance of public meetings by presenting issues fully in packets and providing additional information requested by Council. o Council is supportive of the role of staff in offering professional recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record and Council deliberation on the matter. o Council members should attempt to give at least 24 hours' notice by advising the City Manager and the City Recorder of a request to remove a Consent Agenda item for separate discussion. The City Recorder shall notify all Councilors of such requests prior to the start of the Business Meeting. Councilors Scheduling Agenda Items o Councilors are encouraged to suggest agenda topics at the bench or to contact the City Manager about scheduling an item on the Tentative Agenda. o Add -on agenda items should be brought up at the start of the meeting and are generally considered only if continuing to a later agenda is not practical. Resolution Exhibit A - Council Groundrules November 2010 5 TIGARD CITY COUNCIL GROUNDRULES o Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. Councilors Use of Electronic Communications Devices During Council Meetings Definitions for this section: Electronic Communications means e-mail, text messages, or other forms of communications transmitted or received by technological means. Electronic Communications Devices means lap -top computers, blackberries, cell - phones, notebooks, or other similar devices capable of transmitting or receiving messages electronically. o Councilors shall not send or receive electronic communications concerning any matter pending before the Council during a Council meeting. o Councilors shall not use electronic communication devices to review or access information regarding matters not in consideration before the Council during a Council meeting. o Councilors shall not access the internet but may access Council packet information concerning any matter pending before the Council during a Council meeting. o Any electronic communications regarding a quasi- judicial matter to be considered by Council is an ex -parte contact and shall be disclosed as required by law. COMMUNICATION General o Recognize that you are seen as a Councilor at all times, no matter how you see yourself at any particular time. Thus, Councilors are always treated by Administration as Council members. o Whenever you put anything in writing, assume that everyone in the city is looking over your shoulder. o Do not respond to communications directed to the full Council. The City Manager or Mayor will respond. o If a communication is directed to an individual Councilor, you may choose to respond as an individual or refer to the City Manager. o Information received by a Council Member that affects the Council should be shared with the whole Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. Resolution Exhibit A - Council Groundrules November 2010 6 TIGARD CITY COUNCIL GROUNDRULES o Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving staff full opportunity to provide data clearly defining the anticipated impact of the action. o It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. o Councilors and the City Manager agree to report and discuss any contact that might affect labor relations with the entire Council in Executive Session. Communications Between City Councilors, City Manager and Staff o Councilors are encouraged to maintain open communications with the City Manager, both as a group and individually. o Councilors are encouraged to take issues to the City Manager first, giving as much information as possible to ensure a thorough response. o In the absence of the City Manager, Councilors are encouraged to contact the Assistant City Manager. In the absence of both the City Manager and the Assistant City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager. o City Manager shares information equally with Councilors. o Councilors are encouraged to avoid substantive contact with staff below the Department Head to avoid possible disruption of work, confusion on priorities, and Iimited scope of responses. In no case, should Councilors direct the work of staff without prior approval of the Department Head or City Manager. o Our goal is mutual confidence and respect with staff. Compliment staff members when they make good presentations. Be friendly. Attend staff occasions when you can. Communications Among Councilors o No surprises. o Be courteous. o Honestly share concerns and opinions with each other. o Don't blurt it out on TV. o If you hold back in a meeting, follow up later with fellow Councilors or the City Manager. Resolution Exhibit A - Council Groundrules November 2010 7 TIGARD CITY COUNCIL GROUNDRULES o Bounce ideas off each other by phone or informal conversation, always mindful not to form a quorum. o Spend some casual time together. Communications with Community /General Public o Councilors and the General Public are reminded of the Agenda cycle and cut -off dates. Administrative staff is available to explain how public issues are addressed and how citizen input may be accomplished. o Communication that represents the City's position on an issue should come through City Hall and be provided by the City Manager. Direct submittals or inquiries to the Council or individual Councilors should be referred to the City Manager, or Councilors may ask the City Manager to look into an issue. o Official press releases are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are issued through the City Manager's Office. Communications with Potential Mayor /Council Candidates o Council members will host an event to share with potential Mayor or City Council candidates what is involved in serving on the City Council. o Council members may support a person running for office but they must declare this as an individual endorsement and not in their official capacity as a Council member. Communication Between Partners and Allies o In general, let the Mayor speak for the City. o Keep long - term relationships in mind. Don't over - focus on the issue at hand. o Take issues to the City Manager first. Council Communication with Other Public Agencies As the Portland metropolitan region continues to grow, it is critical that Tigard be at the "table" with other jurisdictions in the region and clearly represent the City's official position. o Council members will be clear about representing the City or personal interests. If a Council member appears before another governmental agency or organization to give a statement on an issue, the Council member must clearly state whether the statement reflects personal opinion or is the official position of the City. Resolution Exhibit A - Council Groundrules November 2010 8 TIGARD CITY COUNCIL GROUNDRULES o If a Council member is representing the City, that Council member will consistently support and advocate the City's official position on an issue and cannot foster or further a personal viewpoint that is inconsistent with the official City position. o Council members will inform the Council of their involvement in an outside organization if that organization is or they believe may become involved in any issue within the City's jurisdiction. If an individual Council member publicly represents or speaks on behalf of another organization whose position differs from the City's official position on an issue, the Council member must clearly communicate the organization upon whose behalf they are speaking. The Council member must withdraw from voting as a Council member upon any actions that have bearing upon the conflicting issue. o Council members serving on committees or boards as the City representative with outside entities or agencies will communicate with other Council members on issues pertinent to the City. Communication with City Boards, Committees and Commissions The independent advice of City Boards, Committees and Commissions is critical to the public decision - making process. For that reason, Council members will refrain from using their positions to influence unduly the deliberation or outcomes of board proceedings. Members of boards, commissions, and committees are referred to generally as "board" in this section of the Groundrules. o Council members will not contact a board member to lobby on behalf of an individual, business or developer. Council members may contact the board member in order to clarify a position taken by the Board. Council members may respond to inquiries from board members. Communications should be for information only. o Council members may attend any board meeting, which is open to any member of the public. However, Council members should be sensitive to the way their participation could be viewed as unfairly affecting the process. o Board members do not report to individual Council members. Individual councilors have no authority to remove board members. Communication as the Council Liaison with City Boards o Council liaison assignments are determined by consensus of City Council. The goal is to have assignments evenly divided between Council members. Should two or more Council members seek appointment to a position the longest serving Council member will have first choice. Resolution Exhibit A - Council Groundrules November 2010 9 TIGARD CITY COUNCIL GROUNDRULES o Council Liaisons are to periodically attend Board meetings, listen to the Board discussion, set context for the Board regarding Council decisions /goals /policies and City priorities, answer questions and carry concerns and information back to the full Council. o Council Liaisons are not to direct the business or decision - making process of the Board and do not vote of matters before the Board. o Council Liaisons do not initiate, propose or advocate for their personal position on a matter before the Board. o Council Liaisons are to protect the independence of the Boards. o Council Liaisons at times may advocate Council actions on behalf of their assigned Board. Great care must be taken to avoid the appearance of unfairness, conflict of interest or circumstances where such possibilities may exist (e.g., Planning Commission quasi - judicial matters). CODE OF CONDUCT Scope This Code of Conduct is designed to provide a framework to guide Council members in their actions. The Code of Conduct operates as a supplement to the existing statutes governing conduct including the ethics law of the State of Oregon. This Code of Conduct applies to Council members as they also serve as the Local Contract Review Board and the City Center Development Agency. Conduct of Council Members This section describes the manner in which Council members will treat one another, the public, and city staff. Council Conduct with One Another During Meetings o Practice civility, professionalism and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of democratic governance. This does not allow, however, Council members to make belligerent, personal, slanderous, threatening, abusive, or disparaging comments. o Avoid personal comments that are intended to, or could reasonably be construed to, offend other members or citizens. If a Council member is offended by the conduct or remarks of Resolution Exhibit A - Council Groundrules November 2010 10 TIGARD CITY COUNCIL GROUNDRULES another member, the offended member is encouraged to address the matter early with the offending member. Council Conduct Outside of Public Meetings o Continue respectful behavior in private. The same level of respect and consideration of differing points of view deemed appropriate for public discussion should be maintained in private conversations. o Be aware of the public nature of written notes, calendars, voicemail messages, and e -mail. All written or recorded materials including notes, voicemail, text messages and e-mail created as part of one's official capacity will be treated as potentially "public" communication. o Even private conversations can have a public presence. Council members should be aware that they are the focus of the public's attention. Even casual conversation about city business, other public officials or staff may draw attention and be repeated. o Understand proper political involvement. Council members, as private citizens, may support political candidates or issues but such activities must be done separate from their role as a Council member. Council Conduct with the Public o Be welcoming to speakers and treat them with respect. For many citizens, speaking in front of the Council is a new and difficult experience. Council members should commit full attention to the speaker. Comments, questions, and non - verbal expressions should be appropriate, respectful and professional. o Make no promises on behalf of the Council in unofficial settings. Council members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with citizens. It is appropriate to give a brief overview. Overt or implicit promises of specific action or promises that City staff will take a specific action are to be avoided. Council Conduct with City Staff o Respect the professional duties of City Staff. Council members should refrain from disrupting staff from the conduct of their jobs; participating in administrative functions including directing staff assignments; attending staff meetings unless requested by staff; and impairing the ability of staff to implement policy decisions. Resolution Exhibit A - Council Groundrules November 2010 11 TIGARD CITY COUNCIL GROUNDRULES Individual Conduct of Council Members The individual attitudes, words, and actions of Council members should demonstrate, support, and reflect the qualities and characteristics of Tigard as "A Place to Call Home." DO THE RIGHT THING In doing the right thing, I will: • Be honest with fellow Council members, the public and others. • Credit others' contributions to moving our community's interests forward. • Make independent, objective, fair and impartial judgments by avoiding relationships and transactions that give the appearance of compromising objectivity, independence, and honesty. • Reject gifts, services or other special considerations. • Excuse myself from participating in decisions when my immediate family's financial interests or mine may be affected by the Council's action. • Protect confidential information concerning litigation, personnel, property, or other affairs of the City. • Use public resources, such as staff time, equipment, supplies or facilities, only for City - related business. GET IT DONE In getting it done, I will: • Review materials provided in advance of the meeting. • Make every effort to attend meetings. • Be prepared to make difficult decisions when necessary. • Contribute to a strong organization that exemplifies transparency. • Make decisions after prudent consideration of their financial impact, taking into account the long -term financial needs of the City. RESPECT AND CARE In respecting and caring, I will: • Promote meaningful public involvement in decision - making processes. • Treat Council members, board members, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. • Share substantive information that is relevant to a matter under consideration from sources outside the public decision - making process with my fellow Council members and staff. • Respect the distinction between the role of citizens, Council and staff. • Conduct myself in a courteous and respectful manner at all times. • Encourage participation of all persons and groups. Resolution Exhibit A - Council Groundrules November 2010 12 TIGARD CITY COUNCIL GROUNDRULES Censure and Violations To assure the public confidence in the integrity of the City of Tigard, Council members are held to a high standard of conduct. For this reason, Council members believe the Code of Conduct is as important to the public process as other rules and procedures. It is also recognized that, there may be times when action is required to correct and /or prevent behavior that violates the Code of Conduct. A Council member may be censured by the other Council members for misconduct, nonperformance of duty or failure to obey the laws of the federal, state, or local government. Misconduct includes not honoring the provisions of the Council Groundrules. Early recognition of the questioned conduct is encouraged. Progressive counsel may occur with the Council member but is not required prior to passage of a Council Resolution of Censure by the other Council members. A violation of the Code of Conduct will not be considered a basis for challenging the validity of any Council decision. Implementation Council members will receive a copy of the Council Groundrules and will affirm in writing that they have received the rules including the code of conduct, understand the provisions, and pledge to conduct themselves by the groundrules. A periodic review of the groundrules will be conducted to ensure that they are an effective and useful tool. Resolution Exhibit A - Council Groundrules November 2010 13 TIGARD CITY COUNCIL GROUNDRULES COUNCIL GROUNDRULES CERTIFICATION As a member of the Tigard City Council, I affirm that: ✓ I have read and understand the Council Groundrules including the Code of Conduct and its application to my role and responsibilities while serving on the City Council. ✓ I pledge to conduct myself by the Council Groundrules /Code of Conduct. ✓ I understand that I may be officially censured by the City Council if my conduct falls below these standards. Signature: Position: Signed this day of , 20 Resolution Exhibit A - Council Groundrules November 2010 14 -.(d d erg c/ tni> SUPPLEMENTAL PACKET Notes from Council training with Joe Hertzberg 1/31/12 FOR a Pi-gap/a-- (DATE OF MEETING) Guidelines 6 4-r; a cJ '/"J Ci! i.uici ( • Pay close attention and make sure you are hearing people accurate y. gP P Y • Our most important job is to listen to each other, citizens and staff. • Teamwork is key to success as a Council — different perspectives, common goals. No superstars. More successful together than as individuals. • We must work as a team. • Each of us must know the pulse of the community through personal experience, surveys, etc. Everyone's opinion matters, not just those few we hear from. • Share the time fairly to get all of our ideas on the table. Balance communication. • Everyone gets the chance they need to express their opinion. • Each Councilor represents all the citizens. • Each Councilor brings something different to the team. Don't step on it. Rely on one another's knowledge and experience. • Act professionally, treat one another with respect • No surprises i:\adm\marty and joanne \1 -31 -12 - council notes from joe hertzberg training.docx 5 -moo I n s N . " City of Tigard TIGARD Tigard Business Meeting — Minutes TIGARD CITY COUNCIL MEETING DATE AND February 14, 2012 6:30 p.m. Study Session; 7:30 p.m. TIME: Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ Councilor Wilson ✓ Councilor Woodard ✓ Staff present: City Manager Wine, Assistant City Manager Newton, City Recorder Wheatley, Assistant Community Development Director Hartnett, Redevelopment Project Manager Farrelly, City Attorney Ramis, Associate Planner Pagenstecher, Community Development Director Bunch, Senior Management Analyst Wyatt • STUDY SESSION > Council President Buehner recommended to Mayor Dirksen that the City Council consider getting involved in the National Conference of Mayors, which is comprised of members from cities with more than 30,000 in population. Mayor Dirksen noted he had not joined the group because of time constraints. Recently, some of the issues taken on by this organization at the national level are of concern to Tigard and the state of Oregon in general. He said he would like to explore ways to become involved with the Conference. A. Discuss Proposed Amendment to Resolution No. 07 -13 to Renew the City's Incentives to Annex until February 2013 TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard - or.gov I Page 1 of 12 Associate Planner Pagenstecher presented the staff report. He distributed a copy of a proposed resolution to the City Council. The topic before the City Council is to discuss its annual review of continuing its policy for incentives for voluntary annexation. He pointed out that reevaluation of the city's annexation policy was designated as a 2012 City Council goal. Since 2007, council has held a neutral annexation policy. Annexation has been "free" to interested parties. In the last two years, councilors have explored the questions of island annexations and how well annexation incentives have performed. The proposed resolution shows language highlighted in yellow representing suggested changes from last year's resolution to acknowledge council's 2012 annexation goal. Associate Planner Pagenstecher said staff proposed the council consider the draft proposed resolution at its February 28 City Council business meeting to assure a timely continuation of the policy. In addition, to give context to this resolution and to further the 2012 annexation goal, this session is the opportunity to initiate a discussion on the process to achieve its goal. In response to a question from Councilor Henderson, Associate Planner Pagenstecher said the previous resolution requires consideration of the annexation policy and the proposed resolution would act as a placeholder until the City Council can hold additional discussions. Mayor Dirksen confirmed Councilor Henderson's observation that if the City Council chose to approve the proposed resolution it would allow interested property owners to annex under the current policy. Council President Buehner noted the city will lose 14 sets of SDC charges as there is a subdivision going in about a block and a half from the current city boundary. Mayor Dirksen agrees this is unfortunate, but pointed out the City Council has pondered this issue and there has been no mechanism identified to allow the city to annex areas such as the one cited by Council President Buehner. City Manager Wine said the purpose of tonight's resolution is to prompt the council's thinking about the proposed resolution and the potential for what can be changed. Councilor Henderson said he would like the matter scheduled for a public hearing process so the council could hear a broader perspective. Council President Buehner said there are two separate issues that need to be considered and discussed separately: 1. The island areas, which can be annexed at any time. 2. Areas outside the city. In response to a question from Councilor Woodard, Council President Buehner said that not many property owners have annexed under the current policy. With regard to possible enticements to annex, Councilor Wilson commented that as a general rule, people do not want to increase their property taxes. He said he has always been of the opinion that if you TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 I www.tigard - or.gov I Page 2 of 12 want people to join the city, why would there be any barriers whatsoever. He suggested the incentive policy be adopted as a permanent policy. While there is a small cost to the city, over the long term there is a net gain. Discussion followed on the benefits gained from joining the city, which is a complex issue when urban developed areas are adjacent to a full- service municipal infrastructure. Councilor Woodard asked if the city could have a discussion with the county since it is likely they will not be able to continue to sustain current services to these urban developed areas. Something different needs to be done accompanied by good public relations efforts. Council President Buehner pointed out that the unincorporated areas near Tigard are not included in the Tualatin Hills Park and Recreation District, so they do not pay for parks. The Tualatin Hills Park and Recreation District tax rate is about $1.50. Mayor Dirksen said the district's tax rate for park services is almost the equal of Tualatin's city tax rate. Mayor Dirksen said that, typically, when people come forward to annex voluntarily, it is because they own a piece of undeveloped property adjacent to the city and they need to receive extended services for water and sewer. In response to a question from Councilor Woodard, Mayor Dirksen said that when someone in the Enhanced Sheriff Patrol District comes into the City of Tigard, they are removed from the district. Also if they are paying other types of fees (i.e., street lighting) those fees are not charged. For the first two years, because of the phase -in of taxes, areas on Bull Mountain that choose to annex to Tigard will likely pay less taxes. Mayor Dirksen said this information has been offered in the past, but the figures are challenged by some as to their accuracy /veracity. Councilor Woodard noted he questions the annual review of the resolution. Mayor Dirksen responded that the resolution is written to require the annual review; however, this could be changed. Council President Buchner said she originally suggested this policy be reexamined noting that circumstances have changed over the years and suggested a determination whether outreach efforts to specific neighborhoods might be productive. Mayor Dirksen said the council might want to consider offering to neighborhoods near recently purchased parkland on Bull Mountain that if they annexed, the amount of property taxes collected from them in the first years would be used to develop the parks. Councilor Henderson referred to the previous city effort to annex the Bull Mountain area and people in the area commented that the city offered "a little bit too little, a little bit too late." A number of resolutions were adopted and Mayor Dirksen said he believes all of those resolutions are still in effect. Mayor Dirksen outlined the process undertaken during the proposed Bull Mountain area annexation. This process included study groups that met for six months leading to the development of white papers, which were translated into the adoption of the above -cited resolutions. Councilor Henderson suggested these resolutions (Nos. 04 -72 through 04 -78) be reviewed or brought forward again. TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard - or.gov 1 Page 3 of 12 Councilor Wilson said he would prefer to concentrate on Area 63 first. Eventually, area will be annexed on at least three sides of the unincorporated area on Bull Mountain. He said after Area 63 is annexed, it might be a good idea to start neighborhood groups for communication purposes for a variety of matters, not just annexation possibilities. Council President Buehner said she would like to do outreach to specific areas; i.e., an area along Barrows Road. City Manager Wine advised that this study session topic was before the City Council tonight as a preview to its conversation on February 28 with regard to annexation strategy and timing of dialog with certain areas with regard to potential incentives. Mayor Dirksen asked Councilor Henderson said that as part of consideration of a policy, he would like the council to entertain the action of making the proposals in Resolution Nos. 04- 72 through 04 -78 permanent offerings to areas that choose to annex to the City of Tigard. Councilor Henderson said it would be good to build a policy so people would know if or when they come into the City of Tigard what will be offered. Councilor Wilson said he would like to begin building relationships and discuss public services and desires. Council President Buehner commented that she did not know why the city did not annex neighborhoods that appeared to be in favor of annexing (Menlor area) at the time parkland was acquired. Additional council discussion followed regarding communication and relationship building in the Bull Mountain area and perceptions of people in the unincorporated area on the topic of annexation. Mayor Dirksen noted two issues appear to need further City Council discussion: 1. Review the proposed annexation resolution to continue the current annexation policy as brought forward by staff tonight. 2. Schedule an agenda topic to allow the City Council time to discuss how to address annexation policy in the future. Councilor Wilson reiterated that he would prefer to have discussions on annexation policy after Area 63 has joined the city. Community Development Director Bunch reported that work is underway for a triple majority annexation process, which appears to be achievable. The area recently added to Area 63 requires review by the Department of Land Conservation and Development (DLCD) for findings to determine that this area is inside the Urban Growth Boundary. Mayor Dirksen called the Council's attention to a letter from DLCD on a hearing for the Metro Urban Growth Boundary Amendment. A copy of this January 25, 2012, letter was distributed to the City Council members and is in the meeting file. This letter indicated that the matter might be placed on the March commission agenda; however, Acting Director Jim Rue did not expect that would be the case. Community Development Director Bunch said he thought the hearing might occur in April or May. In response to Council President Buehner, Community Development Director Bunch agreed TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 972231503-639-4171 I www.tigard - or.gov I Page 4 of 12 that the application for annexation could be started but not finalized until the DLCD findings were issued. Council President Buehner suggested looking at annexing the islands first. Mayor Dirksen agreed and speculated that once the islands are annexed some of the issues would no longer exist. After discussion, City Council members requested that Associate Planner Pagenstecher bring the proposed resolution (interim, placeholder policy) to the City Council for consideration on February 28, 2012. In the future, City Council will be considering whether additional elements will be added or changed to the city's annexation policy. B. Administrative Items • Senior Management Analyst Wyatt presented an update on legislative activity. o House Bill 4090 — focuses on timing and delivery of urban services. Senior Management Analyst Wyatt distributed a February 13, 2012, from Mayor Dirksen. Representative Dougherty entered this letter into the record for Tigard today at a committee meeting (no public comment was entertained). The legislation passed 6 -1 onto the House floor, where it is expected to pass; however, it is anticipated that the bill will not pass the Senate level. Contact was made with Senator Burdick. Senior Management Analyst Wyatt reviewed the letter, which lists the concerns Tigard has with this legislation. During discussion City Attorney Ramis suggested asking the legislature to wait to for the decisions on current litigation on this subject. He advised this matter is before the Land Use Board of Appeals and Circuit Court. o H.R. 7 — focuses on transportation enhancements and safe routes to schools and the TIGER program for grants for multi-modal projects that have a strong economic development component. Senior Management Analyst Wyatt distributed a letter from Mayor Dirksen to Representative Bonamici that will be sent on February 15. A copy is in the meeting file. Council members agreed that Mayor Dirksen should send the letter. • Council held discussion on grants and recent successes in obtaining them. Senior Management Analyst Wyatt, in response to a question from Councilor Woodard advised that the city's lobbyist has applied for a couple of grants; grant recipients will be announced in the spring. Mayor Dirksen noted that once the city is over 50,000 in population, we will be able to apply directly for grants — we now have to go through Washington County. • Groundrules Feedback. o City Manager Wine distributed the guidelines prepared as a result of the City Council training with Joel Hertzberg. These notes are in the meeting file. She said no changes appear to be needed to the council groundrules at this time. TIGARI) CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard - or.gov I Page 5 of 12 There was discussion about how to memorialize these guidelines with the existing groundrules; Mayor Dirksen suggested it become an addendum. City Manager Wine reviewed the calendar items for City Council: • Council /City Center Development Agency Calendar: o February • 21* Tuesday - Council Workshop Meeting — 6:30 p.m., Town Hall • 28* Tuesday - Council Business Meeting — 6:30 p.m., Town Hall o March • 6 Tuesday - City Center Development Agency — 6:30 p.m., Red Rock Creek Conference Room • 13* Tuesday - Council Business Meeting — Canceled • 20* Tuesday - Council Workshop Meeting — 6:30 p.m., Town Hall • 27* Tuesday - Council Business Meeting — 6:30 p.m., Town Hall o April • 3 Tuesday - City Center Development Agency — 6:30 p.m., Red Rock Creek Conference Room • 10* Tuesday - Joint Meeting with Beaverton City Council & Planning Commission /Metro, 6:30 p.m., Beaverton City Hall, 4755 SW Griffith Drive, Beaverton. Agenda topics include: Climate Smart Communities Findings, SW Corridor Briefing, Urban Growth Boundary Concept Planning • 17* Tuesday - Council Workshop Meeting — 6:30 p.m., Town Hall • 23 Monday - Budget Committee Meeting — 6:30 p.m., Public Works Auditorium • 24* Tuesday - Council Business Meeting 6:30 p.m., Town Hall • 30 Monday - Budget Committee Meeting — 6:30 p.m., Public Works Auditorium • EXECUTIVE SESSION: The Tigard City Center Development Agency went into Executive Session at 7:19 p.m. to discuss real property transaction negotiations under ORS 192.660(2) (e). Executive Session concluded at 7:30 p.m. TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 I www.tigard- or.gov I Page 6 of 12 1. BUSINESS MEETING -- FEBRUARY 14, 2012 A. Mayor Dirksen called the meeting to order at 7:36 p.m. B. Roll Call Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ Councilor Wilson ✓ Councilor Woodard ✓ C. Pledge of Allegiance D. Council Communications & Liaison Reports >rifi Council President Buehner advised she will report on several water - related items at the City Council workshop meeting on February 21, 2012. E. Call to Council and Staff for Non - Agenda Items: None. CITIZEN COMMUNICATION A. Follow -up to Previous Citizen Communication: None. B. ® Tigard High School Student Envoy Courtney Bither presented a report on activities at the high school. A copy of her report is in the meeting file. C. Tigard Area Chamber of Commerce — Chief Executive Officer Debi Mollahan will present the Chamber report on 2/28/2012. D. Citizen Communication — None. TIGARD CITY COUNCIL MEETING MINUTES - FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 972231503-639-41711 www.tigard - or.gov 1 Page 7 of 12 !a Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: (Tigard City Council) A. Approve City Council Meeting Minutes for: 1. December 13, 2011 2. December 20, 2011 3. January 10, 2012 4. January 17, 2012 5. January 24, 2012 B. Receive and File: 1. Council Calendar 2. Tentative Agenda C. Add the Sunrise Property Purchase to the List of 2006 Metro Bond Projects and Approve an Agreement Regarding the Property RESOLUTION 12 -03 - A RESOLUTION ADDING THE SUNRISE PROPERTY TO TIGARD'S LOCAL SHARE PROJECT LIST AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT (IGA) WHEREBY WASHINGTON COUNTY WILL MAKE A $400,000 CONTRIBUTION TO PARTIALLY FUND THE PURCHASE OF THE SUNRISE PROPERTY D. Add Two Trail Projects to the List of 2006 Metro Bond Projects RESOLUTION NO. 12 -04 - A RESOLUTION ADDING TWO TRAIL PROJECTS TO TIGARD'S LOCAL SHARE PROJECT LIST E. Initiate the Transfer of Jurisdiction of a Portion of Barrows Road to the City RESOLUTION 12 -05 - A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF A PORTION OF SW BARROWS ROAD (COUNTY ROAD NO. 812) WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD F. Authorize the Submission of a Grant Application to Partially Fund the Aquifer Storage and Recovery (ASR) Improvement Project RESOLUTION NO. 12 -06 - A RESOLUTION SUPPORTING THE SUBMISSION OF A BUREAU OF RECLAMATION WAI'ERSMART WA IER AND ENERGY EFFICIENCY GRANT APPLICATION TO PARTIALLY FUND AQUIFER STORAGE AND RECOVERY (ASR) WELL HEAD IMPROVEMENTS TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 I www.tigard- or.gov I Page 8 of 12 U Motion by Council President Buehner, seconded by Councilor Wilson to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes 4. NAME THE TIGARD LIBRARY COMMUNITY ROOM THE "GEORGE AND YVONNE BURGESS COMMUNITY ROOM" - RESOLUTION The following individuals attended the Council meeting for this item: Library Board Chair David Burke and Library Board members Cecilia Nguyen and Linda Monahan. Kathy Sleeger from the Friends of Library also attend. ® Library Director Barnes introduced this agenda item. ® Representatives of the Library Board and the Friends of the library reviewed their association with George and Yvonne Burgess and recalled the extent of their dedicated service to the library and the Tigard community ® Council members shared their memories and contacts with the late George Burgess throughout his years of service. Councilors expressed appreciation for dedicated volunteers noting that the works of George and Yvonne Burgess made it possible for Tigard to have the beautiful library building. A ceremony to formally name the facility is being planned. ® Motion by Council President Buehner, seconded by Mayor Dirksen, to adopt Resolution No. 12 -07. RESOLUTION NO. 12 -07 - A RESOLUTION NAMING THE COMMUNITY ROOM WITHIN THE TIGARD PUBLIC LIBRARY TO HONOR GEORGE AND YVONNE BURGESS FOR THEIR SERVICE TO THE CITY OF TIGARD AND AS THE TIRELESS LEADERS OF THE FRIENDS OF THE TIGARD PUBLIC LIBRARY TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard - or.gov 1 Page 9 of 12 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes 5. PRESENTATION BY METRO COUNCILOR CARL HOSTICKA ON CLIMATE SMART COMMUNITIES SCENARIOS PROJECT Kim Ellis, Metro Principal Planner was also present with Metro Councilor Carl Hosticka. Information was distributed to the City Council, which is filed in the meeting packet: • Article: Climate Smart Communities Scenarios • Information Packet: Understanding our Land Use and Transportation Choices, Phase 1 Findings, January 12, 2012 Councilor Hosticka reviewed the information distributed to the City Council including history of the project and the project timeline. Adoption of a preferred strategy is scheduled for June 2014. U Councilor Hosticka reviewed the building blocks for regional scenarios testing combinations of plausible strategies to reduce greenhouse gas emissions and the findings of these tests as the project enters Phase 2. Councilor Hosticka referred to policy questions to be addressed in Phase 2 with the following elements to be considered: fiscal, economic and equity. Councilor Hosticka advised that Metro representatives are meeting with communities to give them an overview of the project, hear questions from communities, and identify strategies to move forward. la Council members asked questions and discussed this project with Councilor Hosticka and Metro Principal Planner Ellis. U In response to Councilor Woodard's question about benefits to the city, Planner Ellis advised that there is a lot of work to be done in the coming year to quantify cost savings at the household level. TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 972231503-639-41711 www.tigard- or.gov 1 Page 10 of 12 E l Councilor Wilson referred to the complexities in forecasting development and how communities will build out. Councilor Hosticka commented on the transportation and forecasting models being used to forecast growth. He said the forecasting will not be completely accurate, but he would prefer an overestimate rather than an underestimate in the infrastructure required to accommodate future needs. ® Planner Ellis referred to work being done by the Oregon Department of Transportation (ODOT) for similar types of analyses and the innovative results. Councilor Wilson commented on the community design and dependency on adequate transit infrastructure. He referred to the need for suburban transit service and improvements to the • Transportation Planning Rule. Ili Councilor Henderson emphasized the need for sustainable programs. Planner Ellis referred to the efforts to plan to the year 2035. Councilor Hosticka commented on the issue for the future, which will be to retrofit suburbs and provide small -scale retail in a more distributed manner. Lengthy discussion followed on recent work to identify key components of current issues and efforts to address the problem areas in the urban infrastructure for improved livability as desired in a variety of neighborhoods for the present and the future. 6. REVIEW AND DISCUSS THE PROPOSED 2012 FEDERAL LEGISLATIVE AGENDA ® Senior Management Analyst Wyatt presented the staff report and the attached draft 2012 Federal Legislative Agenda, which is in the meeting file. II Mayor Dirksen and City Council members discussed the agenda and were in agreement that the 2012 Federal Legislative Agenda was accurate. ® Motion by Councilor Wilson, seconded by Councilor Henderson, to approve the legislative agenda as proposed. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 113125 SW Hall Blvd., Tigard, OR 972231503-639-41711 www.tigard - or.gov 1 Page 11 of 12 7. COUNCIL LIAISON REPORTS la Councilor Henderson advised he would give a report at a future meeting on Community Development Block Grant Proposals. Council President Buehner advised she attended the neighborhood workshop meetings last weekend. About 65 people attended. Councilor Woodard noted that information will soon be coming forward on social grant applications. 8. NON AGENDA II MS None. 9. EXECUTIVE SESSION: Not held. 10. ADJOURNMENT (8:59 p.m.) ® Motion by Councilor Wilson, seconded by Councilor Woodard to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes Is /Catherine Wheatley Catherine Wheatley, City Recorder Attest: /s/ Craig E. Dirksen Mayor, City of Tigard Date: March 27. 2012 I: \adm \cathy \ccm \2012 \final minutes \2 february \120214 final.docx Accessaudio@ TIGARD CITY COUNCIL MEETING MINUTES -- FEBRUARY 14, 2012 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 972231503-639-41711 www.tigard - or.gov 1 Page 12 of 12 d Ge GGL 0 I AIS -975 B. Business Meeting Meeting Date: 08/14/2012 Length (in minutes): 10 Minutes Agenda Title: Briefing on a Draft Cooperative Improvement Agreement with Oregon Department of Transportation and Walmart Prepared For: Kim McMillan Submitted By: Greer Gaston, Public Works Council Business Mtg - Study Item Type: Update, Discussion, Direct Staff Meeting Type: Sess. Information ISSUE The council will be briefed on a cooperative improvement agreement with Oregon Department of Transportation (ODOT) and Walmart. STAFF RECOMMENDATION / ACTION REQUEST No action is required; consideration of the cooperative improvement agreement will appear on the council's August 21, 2012, consent agenda. KEY FACTS AND INFORMATION SUMMARY The City of Tigard approved a land use application for the Tigard Retail Center; Final Order No. 2009 -02 became effective on June 17, 2009. Recently, Walmart has applied for building and public improvement permits for this site. An April 26, 2012, memo regarding Walmart transportation system improvements is attached. The draft cooperative improvement agreement outlines the responsibilities of ODOT, Tigard and Walmart as they pertain to the transportation improvements listed on pages 2 and 3 of the agreement, (see Terms of Agreement). These improvements are generally consistent with the improvements noted in the memo mentioned above. The estimated cost of these improvements is $5.1 million; this cost will be financed entirely by Walmart. Under the agreement, Tigard is responsible for: • Maintenance and irrigation of landscaping in Pacific Highway (99W) medians • Maintenance of improvements to city streets • Power costs for luminaries installed as part of this project on city streets • Maintenance and operation of city -owned traffic signals installed as part of this project The city attorney has reviewed this agreement. OTHER ALTERNATIVES The council could propose changes to the agreement or could decide not to approve the agreement (currently scheduled for consideration on the August 21, 2012, consent agenda). Without an agreement, Walmart will be unable to obtain permits from ODOT; the transportation improvements can not be constructed unless permits are issued. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Many of the required improvements on Pacific Highway (99W) will further the 2012 Long -Term Council Goal - "Continue pursuing opportunities to reduce traffic congestion." DATES OF PREVIOUS COUNCIL CONSIDERATION None Fiscal Impact Fiscal Information: The estimated cost of the transportation improvements outlined in the agreement is $5.1 million; this cost will be financed entirely by Walmart. Attachments April 26, 2012, Memo Regarding Transportation System Improvements Maps Depicting Proposed Transportation System Improvements Draft Cooperative Improvement Agreement 111 e " City of Tigard TIGARD Memorandum To: Ron Bunch, City of Tigard From: Tom McGuire, City of Tigard Re: WalMart Transportation System Improvements Date: April 26, 2012 The following is a compilation of the wide variety of public facility transportation improvements (both proposed and required) to be completed as part of the WalMart development. Each bulleted item includes a description of the action to be taken. WalMart Site Street Frontage Improvements • Widen approximately 230 linear feet of SW Dartmouth Street to accommodate a second southbound/eastbound lane between the Costco traffic signal and the western unsignalized site - access driveway. The southbound right -turn lane at the Costco traffic signal should be converted to a shared through -right lane and the southbound right -turn overlap phase removed. • Hermoso Way will be improved to include an eyebrow corner meeting Washington County standards. (Shown on development plan) Pacific Highway • Install a third westbound through lane on Pacific Highway (99W) at the intersection of 99W and 72 Avenue and extending southwest through the Tigard Theater and SW Dartmouth Street intersections to Oregon 217 (OR 217). Develop optimized coordinated signal timing/time -of -day plans on 99W to account for the additional westbound through lane. • Install a raised concrete median island between SW 72n Avenue and OR 217 (including landscaping and irrigation). • Lengthen the eastbound right turn lane at the intersection of 99W and Dartmouth from 300 ft to 400 ft to accommodate the increased traffic at this movement. OR 217 /SW 72 Avenue Northbound Off Ramp • Extend the two storage lanes on the northbound off ramp from 100 ft to 650 ft (550 additional feet of two lane storage including 160 ft taper). This improvement can be provided within the existing right of way. SW 72" Avenue through the OR 217 Interchange Area • Restripe the northbound lanes along SW 72 Avenue from the OR 217 southbound ramp terminal (Varns Street) to SW Beveland Road to provide two continuous northbound through lanes (full pavement, curb and storm sewer improvements). During the weekday p.m. peak hour, northbound left -turns will utilize dynamic lane assignments at SW Hunziker Road. • Remove the traffic signal at SW Hampton Street and install a raised concrete island to restrict the side street movements to right in/right out. • Improve the southbound right -turn movement from 72 Avenue to SW Hunziker Street by increasing the turn radius at Hunziker to enhance truck turning movements together with pedestrian crossing protection measures through the widened corner. SW Beveland Road Improvements • Widen SW Beveland Road at the SW 72 Avenue /SW Beveland Road intersection to provide an exclusive westbound left -turn lane and northbound right -turn lane with overlap signal phasing in order to accommodate rerouted vehicles from SW Hampton Street. • Additional Beveland Road improvements including: > From 72 Ave to 200' east of 72n Ave. Remove on- street parking. Widen this section of Beveland Road to a 36 -foot paved width. This will necessitate moving the signal pole and reconfiguring the curb on the southeast corner of the intersection. ➢ From 200' to 380' East of 72 Ave. Widen roadway to a 32 -foot paved width plus whatever is necessary for a proper taper. Maintain parking on the north side except at the east end of this section, where it may need to be removed for adequate travel width. ➢ From 380' to 700' East of 72 Avenue. Reconstruct roadway to a 26 -foot paved width with adequate thickness in accordance with applicable standards and appropriate for anticipated usage. Parking would need to be prohibited in gravel shoulder areas. ➢ From 700' east of 72 Ave to 69 Ave. Remove parking on one side, and where necessary for good sight distance at intersections and driveways. SW 72 Avenue /SW Dartmouth Street Intersection Improvements • Construct a new traffic signal system at the Dartmouth Street/72 Avenue Intersection in basic compliance with the intersection improvement plans prepared for the city by engineering consultant WHPacific, Inc. • Construct all intersection improvements necessary for the traffic signal system to function properly. • Interconnect this signal system with the SW Dartmouth Street/SW 68 Avenue signal and with the SW Dartmouth/Main Site/Winco intersection signalization. SW Dartmouth Street/SW 68 Avenue Intersection Improvements • Construct a new traffic signal system at the SW Dartmouth Street/SW 68 Avenue intersection. • Construct all intersection improvements necessary for the traffic signal system to function properly including pedestrian protection measures and crosswalks. SW Dartmouth Street/Main Site Driveway Signalization • Install a traffic signal at the main driveway into the site along SW Dartmouth Street. This signal system shall incorporate the WinCo driveway to form a 4 -way intersection. This signal system shall be interconnected with the existing Costco traffic signal and the SW 72n Avenue /SW Dartmouth Street traffic signal system for future synchronization between signal systems. SW Dartmouth Street Improvements • Restripe the dual northbound left-turn vehicle storage at Highway 99W /SW Dartmouth Street within the existing pavement to provide up to 450 feet of storage. • Extend the eastbound right -turn lane to provide 400 feet of striped storage. • Modify the median on SW Dartmouth Street as needed to allow for the increased stacking on those two lanes. Tigard gala?! Center May 2009 r 1 i i J i I i ' Construct 9" Westbound Lane on Highway 99W horn 72 ° Avenue to Highway 217 R' Including Traffic Signal Modifications Si- - s 44141 111k )....._ . i Y , ..),, nn /" f . 4 A . + HAINES ST i. y s r$ . . -w Construct New Traffic Signal at the Dartmouth StJ WinCo! ., l ip, ‘.11 a • Site- Access Driveway Intersection - > W < • 9 t e _ • y Extend Dual ;O Z m O S Northbound 0 7. e 1 t 4 Lett-Turn IFS?. r le 9 t Storage and •• I ''� Modify Median �• DARTMOUTH ST p .s le 0 a tf SITE a I e - S+ - Construct New Traffic Signal I a at the Dartmouth StJ a - 69" Avenue intersection • ` ■ e.. it a Construct New Traffic Signal • � ,.. . < at the Dartmouth SIJ .a # /y ,- — �I - 72' Avenue Intersection ;' . , ' ei ,e.- 4 BEVELAN , :e� + � 1 fle�Lsa W Improve Bevelmd Road u • r e - 4 If& z HAMPTON ST Extend Side -By -Side 4 ' Turn Lane Storage J J Widen 72 " Avenue Between Verne Street 4 • 4 .; t • and Beveland Road - - " "�' q ~ ' - p . • 'i Traffic 61gnSignal VARNS115T Modifications ! t » J { -4 � ,A . '3X 4 �I ` ` te 0„ . , . I• /t 7f�4� , s 1 +�` a t F + , . i 1 NOTES: • 1. Not to Scale 2. For Illustrative Purposes Only 3. Pavement improvements will be limited to widening of the existing roadway to provide lane configuration shown by the exhibit i Summary of Off - Site Transportation Improvements `''''' IN�TTrlSOn a ASaociAT[s, INC Tigard Retail Center May 2009 e ; i Signal Modification t 1 ; t .. Si -- a �+ i Improve Beveland Road In accordance c with the Beveland Road Analysis Memorandum ` Issued by the City of Tigard (Nov. 10, 2008) 7 GOIZAGA ST r . ' .r $ 3 s^ ' .. - 4 Remove Signal ; -- „. ` Signal Modification , , { f e r.— w � ,` 7' Extend Side - By - Side t --414."1.411.,..;1.' � � ' �� ^ c .� ��- . � •� Turn Lane Storage , Addition of _;' ti Second Northbound --�- -� r i. It I Through Lane .� a; ,) - r} ` iT e: . „ u r ' R t!', hot weir r- t. i 0 ,.. i , . SOI ' • • : ' : ''' . '4 ' '' "'" t Signal Modification ' s • tii k e - 30 1 I" , s. .. 1 G. a` V s T i „ . ._ , . . ... • A .:, � � i � , k !• .r NOTES: 1. Not to Scale 2. For Illustrative Purposes Only 1. 3. Pavement improvements will be limited to widening of the existing roadway to provide lane configuration shown by the exhibit i I' Off -Site transportation Improvements 72nd Avenue (Beveland Road to Varns Street) B K 7. T .! ON 9 / 55 tr.t Tigard Retail Center 0.10y MN s • �, , ,' 'Ta' ' • t. , ` ,, , a R'. Zia a ic ° < ' N. „ ' iMk ,�a - Signal dif : 'T ]�- Addition of Continuous nns M Third Westbound Through Lane ,ar. Install Landscape Median 4 . y r � - t , 1 49111- ,.--- ANN”' 4Ir .1 111111r ;, . - Northbound Left Turn Extend Right-Turn Lane i Lane Extension Install Landscape Median ; S+ • .. '✓u i ,. ., 41414441t:.. ' ?lin q . 3 p r .alp :fi - 4 . * 'ilt.--c' ...„.. ,,.: , NOTES: ... a " '° � c " 1. Not to Scale i a 2. For Illustrative Purposes Only j , 3. Pavement improvements will be limited to widening of the existing roadway to provide lane configuration shown by the exhibit Off -Site Transportation Improvements i P acific Highway 99W (Highway 217 to Pfeifle) C K KITTLLLON a ALLOCIATLI.INC. Tpard Refall Cenral May 2009 « r i v t r / J 2 » .. rt -314 : , +,.- �, s. Yr , •� I - 2141.* { f Signal �' Start of Westbound ar r ' Through ., 4 . " • •� Thro Lane ' y i t. 4", r l "°,"" M , .� M .,, . — • - , r niv x trrf ' - r r , ,, Ma . t _ Install Landscape Median Signal Modification o. a>• ft i I x .L.#. ,- ti ! - i • .1* _ }'- a 4 ' _ • Imo °' ( r t . - h ! .s! - - or ,. . 5. 4. ,,, ... i... , .- ‘ NOTES: ` ( M. s 1. Not to Scale - 2. For Illustrative Purposes Only ' '7 3. Pavement Improvements will be limited to widening of the existing roadway to provide lane configuration shown by the exhibit s i Ott-Site Transportation Improvements 3 "H Pacific Highway 99W (Ptatne to 72nd) D K errtuee 8 Atta3MATt•. INC. Misc. Contracts and Agreements No. 28599 COOPERATIVE IMPROVEMENT AGREEMENT OR99W and SW 72 " /OR 217/1 -5 and SW Haines 68th /1-5 SB Haines Street Signal City of Tigard, Wal -Mart Store #5935 -00 THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" the City of Tigard, acting by and through its elected officials, hereinafter referred to as "City," and Wal -Mart Real Estate Business Trust, a Delaware Statutory Trust, acting by and through its designated officials, hereinafter referred to as "Developer," all herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Pacific West Highway (OR 99W), and Beaverton- Tigard Highway (OR 217) are part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). Dartmouth Street, 68 Avenue, 72 Avenue, Beveland Street, Gonzaga Street, Hampton Street, Hunziker Street, Varns Street, Pfaffle Street, and Hermoso Way are a part of the city street system under the jurisdiction and control of City. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. By the authority granted in ORS 374.305 and 374.310, State may regulate construction of any approach onto the state highway and require mitigation for approaches that the State determines to be in the best interest of the traveling public. 4. Plan and Land Use Regulation Amendments, Oregon Administrative Rule 660, Division 12, Rule 0060 requires local jurisdictions to put in place measures to amend functional plans, comprehensive plans, or land use regulation when a plan or land use regulation significantly affects a transportation facility (660- 012 -0060 (1) (2)). 5. State, by ORS, is vested with complete jurisdiction and control over the roadways of other jurisdictions taken for state highway purposes. By the authority granted by ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no regular established curb, then control extends over such portion of the right of way as may be utilized by State for highway purposes. Responsibility for and jurisdiction over all other portions of a city street remains with the City. 6. By the authority granted in ORS 810.080 State has the authority to establish marked pedestrian crosswalks on its highway facilities. I City of Tigard/Walmart Store /ODOT Agreement No. 28599 7. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon state highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than State, except with its written approval. Traffic signal work on this Project will conform to the current State standards and specifications. 8. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. 9. Developer shall be responsible for the planning and construction of the project identified below in Terms of Agreement, paragraph 1, including performing all public involvement work, construction engineering, preparing all bid and contract documents, advertising for construction bid proposals and awarding all contracts. Developer is responsible for privately funding the project and no public funds shall be used. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State, City, and Developer agree that Developer shall perform the following upon approval by State of required permits, including, "Permit to Occupy or Perform Operations upon a State Highway ": a. Removing one of the two OR99W southbound (SB) to SW 72 Avenue SB left - turn lanes; b. Adding a third SB lane on OR99W just north SW 72nd Avenue and ending it with a drop lane onto OR217 northbound (NB) (This lane onto OR217 currently develops between the 78th and OR217 traffic signal); c. Allowing NB OR99W passenger vehicles to do a u -turn at the SW 72nd Avenue intersection d. Placing a raised traffic separator for the NB OR99W left turn lane that turns into Fred Meyer; e. Placing a raised median for a small distance on OR99W's north leg at the SW 74th Avenue intersection; f. Placing a raised median on OR99W from SW 74th Avenue to SW Pfaffle Street where the raised median will control movements on the SW Pfaffle Street approach; g. Placing a raised traffic separator for the SB OR99W left turn lane that turns into SW Dartmouth Street. U -turn movement will not be allowed; 2 I City of Tigard/Walmart Store /ODOT Agreement No. 28599 h. Placing a raised separator for the NB OR99W left turn lane that turns into SW 78th Avenue and allowing u -turns for passenger vehicles; i. Placing a raised median on OR99W from the left turn lane that goes to SW 78th to the crosswalk of the OR217 Northbound Ramp Terminal; j. Lengthening the OR99W NB right turn lane that goes onto SW Dartmouth Street k. Converting the NB SW 72nd Avenue right -turn lane onto OR217 at the SW Varnes Street intersection into a shared through / right -turn lane; I. Adding a second NB lane on SW 72nd Avenue from SW Varnes Street to SW Beveland Street; m. Removing the traffic signal at the SW 72nd Avenue / SW Hampton Street intersection and making SW Hampton Street a right -in / right -out only approach. The signal will become property of ODOT and will be delivered to an ODOT maintenance yard (as determined by ODOT's Maintenance and Operations manager) as a Project expense; n. Widening the OR217 NB Exit Ramp at SW 72nd Avenue; o. Installing a signal on Dartmouth Street at Walmart site access (City owned traffic signal); p. Installing a signal on Dartmouth Street at 72 Avenue (City owned traffic signal); q. Installing a signal at the 68th'/ 1 -5 SB Haines Street ramps (ODOT owned traffic signal); r. Widening Dartmouth between Walmart access and the Costco signal; and s. Making curb improvements on the SE corner of the Dartmouth Street / OR99W intersection that includes a patterned concrete buffer and high rolled curbs to accommodate freight traffic on the right turn which City will maintain. Collectively, these improvements shall hereinafter be referred to as "Project." The location of the Project is approximately as shown on the map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed entirely by Developer at an estimated c6st of $5,100,000 in Developer funds. The estimate for the total Project cost is subject to change. Developer shall be responsible for all Project costs including those beyond the estimate above. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the Project, provided that the Developer Obligations (except indemnifications and any warranties or other representations) shall terminate upon the completion of the Project. The useful life is defined as fifteen (15) calendar years. The Project shall be completed within five (5) calendar years following the date of final execution of this Agreement by all Parties. CITY OBLIGATIONS 3 I City of Tigard/Walmart Store /ODOT Agreement No. 28599 1. City shall, upon successful completion and acceptance of Project, accept ownership and control of those improvements connected with the operation of City streets. 2. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in any leg of a city street at a State highway intersection in such a manner as to provide adequate protection for said detector loops. Failure to do so may result in State requiring City to repair or replace damaged loops at City's expense. Future City roadwork along its streets involving detector loops may also result in the same State requirements. City shall also adequately maintain the pavement markings and signing installed in accordance with current State standards along its streets. 3. City shall, at its own expense, be responsible for maintaining improvements constructed on City streets as part of this Project. 4. City shall be responsible for 100 percent of power costs associated with the luminaries installed on City streets as part of this Project. City shall have power company send bills directly to City. 5. City shall be responsible for 100 percent of costs associated with maintaining any landscaped medians built on OR99W as a part of this Project, including landscaping maintenance and water irrigation costs from back of curb to back of curb. 6. City shall be responsible for 100 percent of maintenance and operation costs associated with the new signals installed on Dartmouth Street at the access to the Walmart and at 72 Avenue. 7. Consistent with the 2002 Policy Statement for Cooperative Traffic Control Projects, Agreement 19179, between State and the agencies belonging to the Association of Oregon Counties (AOC) or the League of Oregon Cities (LOC), State and City shall each be responsible for fifty percent (50 %) percent of the cost for maintenance, operation and electricity for the signal equipment, excluding the detector loops, on the 68t / 1 -5 SB Haines Street ramps as listed in Terms of Agreement Paragraph 1 subsection p. State shall perform the maintenance and be responsible for payment for signal power to the power company. The power company shall send power bills directly to State. State shall annually bill Agency for their fifty percent (50 %) of the combined maintenance, operations and electricity for the Project. This cost split only applies to the 68 / 1 -5 SB Haines Street ramps signal and does not apply to any other signals built as a part of this Project. 8. City grants State and Developer the right to enter onto City right of way for the purpose of construction and performance of maintenance duties as set forth in this Agreement upon proper and timely notice. 9. City services charged to the Project or any cost sharing for maintenance or power arrangements between City and Developer that do not include State, shall be 4 City of Tigard /Walmart Store /ODOT Agreement No. 28599 confirmed in a separate agreement between City and Developer and are not a part of this Agreement. 10.If City fails to maintain facilities in accordance with the terms of this Agreement, State, at its option, may maintain the facility and bill City, seek an injunction to enforce the duties and obligations of this Agreement or take any other action allowed by law. 11. City certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of City, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind City. 12. City's Project Manager for this Project is Kim McMillan, PE, 13125 SW Hall Boulevard, Tigard, OR 97223, 503 - 718 -2643, kim @tigard- or.gov, or assigned designee upon individual's absence. City shall notify the other Parties in writing of any contact information changes during the term of this Agreement. DEVELOPER OBLIGATIONS 1. Developer shall upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from State, forward to State an advance deposit in the amount of $90,000 for the maintenance costs associated with the State - approved storm water system filter replacement required for the storm water drainage facilities constructed as part of the Project. This advance deposit covers the estimated annual maintenance costs of $6,000 per calendar year for the term of this Agreement, which is fifteen (15) years. 2. Developer has, as of the date of execution of this Agreement, deposited $50,000 with State's District 2B office. Developer shall upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from State, forward to State an advance deposit in the amount of $10,000 for the costs associated with State's review of Project plans, signal turn -on, and Project inspection services during construction. If State anticipates that the advance deposit will be exceeded, State will notify the Developer and send an additional request with the estimate of costs. State will return any unused funds to the Developer after the Project is completed. 3. This Agreement is conditioned upon Developer obtaining any required permits from State, including, "Permit to Occupy or Perform Operations upon a State Highway" from State's District 2B office, as well as but not limited to, land use permits, building permits, and engineering design review approval from the State and City. Developer agrees to comply with all provisions of said permits, and shall require its contractors, subcontractors, or consultants performing such work to comply with said permits and provisions. 4. Developer shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and 5 I City of Tigard/Walmart Store /ODOT Agreement No. 28599 provide final plans, specifications and cost estimates for the highway Project; identify and obtain all required permits; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 5. Developer shall design and construct the Project in conformance with the current edition of the ODOT Highway Design Manual and the Oregon Standard Specifications for Construction Manual. Developer understands the Project shall be designed and constructed to State standards and approved by State prior to construction of Project by Developer. 6. Developer will be required to obtain the services of a registered professional engineer to oversee, accept, and document all construction procedures and certify proper construction was performed pursuant to the Project plan and permit. The registered professional engineer will be required to stamp the "As Constructed Plans" and ensure the Project meets State's required standards. Construction inspection for this Project will be completed by either State inspectors or a private company with state - certified inspectors paid for by Developer. I 7. All employers, including Developer, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Developer shall ensure that each of its contractors complies with these requirements. 8. Developer shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers' compensation, unemployment taxes, and state and federal income tax withholdings. 9. Developer shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless City, the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation, its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this Project. 10. Notwithstanding the foregoing defense obligations under the paragraph above, neither Developer nor any attorney engaged by Developer shall defend any claim in the name of City or the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of City or the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. City or the State of Oregon may, at anytime at its election assume its own defense and 6 I City of Tigard/Walmart Store /ODOT Agreement No. 28599 settlement in the event that it determines that Developer is prohibited from defending City or the State of Oregon, or that Developer is not adequately defending City or the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of City or the State of Oregon to do so. City and the State of Oregon reserve all rights to pursue any claims it may have against Developer if City or the State of Oregon elects to assume its own defense. 11. Developer shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279A, 279B and 279C incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Developer expressly agrees to comply, to the extent applicable, with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and State civil rights and rehabilitation statutes, rules and regulations. 12. Developer is required to pay, on behalf of State, any applicable fee due because of this Project, pursuant to ORS 279C.825, to the Bureau of Labor and Industries. In the event Developer does not pay such fee, and State is required to do so, Developer shall reimburse State such amount, within three (3) business days, upon its request. In addition, Developer agrees to indemnify, hold harmless and reimburse State and its officers, employees and agents for any liability, cost, expense, fine, fee or penalty payable to a private party or governmental entity, including another agency of the State of Oregon resulting from or arising out of this Project, including but not limited to expenses incurred to comply with, to obtain a determination under, or in any other way related to the Prevailing Wage Rate Laws set forth in ORS 279C.800 to 279C.870. 13. Developer shall construct the Project in accordance with the requirements of ORS 276.071, to the extent applicable. 14.If Developer chooses to assign its contracting responsibilities to a contractor, Developer shall inform the contractor of the requirements of ORS 276.071, to the extent applicable. 15. If Developer enters into a construction contract for performance of work on the Project, then Developer will require its contractor to provide the following, and in the event Developer provides construction activities for the Project itself, the Developer is required to provide the following as well: a. Contractor shall indemnify, defend and hold harmless City, and State against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, sub- contractors, or agents under the resulting contract. 7 I City of Tigard/Walmart Store /ODOT Agreement No. 28599 b. Contractor shall name State and City as third party beneficiaries of the resulting contract. c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the Contract, Commerical General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to State and City. This insurance shall include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage shall be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence shall not be less than $1,000,000 for each job site or location. Each annual aggregate limit shall not be less than $2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, Commercial Business Automobile Liability Insurance covering all owned, non - owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence shall not be less than $1,000,000. e. Additional Insured. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the Contract shall include State and City and its divisions, officers and employees as "Additional Insured" but only with respect to the Contractor's activities to be performed under the resulting contract. Coverage shall be primary and non - contributory with any other insurance and self - insurance. f. Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non - renewal of insurance coverage(s) without thirty (30) days written notice from the Contractor or its insurer(s) to State, City, and Developer. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of contract and shall be grounds for immediate termination of the resulting contract and this Agreement. 16. Pursuant to the statutory requirements of ORS 279C.380 Developer shall require their contractor to submit a performance bond to Developer for an amount equal to or greater than the estimated cost of the Project. 17. Developer shall, within ninety (90) calendar days of completion or termination without completion of the Project, provide to State permanent mylar "as constructed" plans for work on state highways. If Developer or its consultant redrafts the plans, done in Computer Aided Design and Drafting (CADD) or Microstation, to get the "as constructed" set, and they follow the most current version of the "Contract Plans 8 City of Tigard /Walmart Store /ODOT Agreement No. 28599 Development Guide, Volume 1 Chapter 16" http: / /egov. oreqon. qov/ ODOT /HWY /ENGSERVICES /cpdq.shtml, Developer shall provide to State a Portable Document Format (PDF) file and a paper copy of the plan set. 18. Developer shall, pursuant to OAR Chapter 734, Division 10 ensure that its contractor has been prequalified and registered with the Construction Contractor's Board, to function as the general contractor for the performance of this work. All obligations of the Developer stated in this Agreement shall remain the responsibility of the Developer regardless of whether or not a contractor performs the work. It is the Developer's responsibility to inform any such contractor of its obligations. 19. Developer shall, prior to its advertisement for construction bid proposals, provide the Project final plans and specifications to State's Region 1 Project Services Section for review and written concurrence. 20.The traffic signal plans and specifications must be approved by Office of the State Traffic Engineer. All traffic signal plans and specifications for City signals must be approved by City staff and will be inspected by representatives of the City. All signal equipment must be inspected and tested by State's Traffic Systems Services Unit. Any video detection equipment to be used with the traffic signal will need to be reviewed and approved by the State Traffic Engineer to ensure proper location and usage. State's Region 1 Project Services Section shall coordinate all such review. 21. Developer or its contractor shall follow the Oregon Locate Laws (ORS 757 and OAR 952). 22. For all work being performed on State facilities, Developer shall cause the Project to be designed and constructed in accordance with State standards and shall, upon completion of the Project, release ownership of all traffic signal equipment to State. For all work being performed on City facilities, Developer shall cause the Project to be designed and constructed in accordance with City standards. 23. Developer, or its contractor's electrical inspectors shall possess a current State Certified Traffic Signal Inspector certificate, in order to inspect electrical installations on State highways. The State Region 1 Project Services Section & District 2B Permitting Office shall verify compliance with this requirement prior to construction. Said inspectors must coordinate their traffic inspections with State Region 1 Project Services Section and District 2B and Electrical inspectors during the course of the Project. 24. Developer is responsible for and ensures that all survey monuments recorded with a county and within or adjacent to the highway right of way shall be preserved in accordance with ORS 209.140 and 209.150. Any such monumentation that is damaged or removed during the course of the Project must be replaced in compliance with ORS Chapter 209 stipulations, the State Right of Way Monumentation Policy, and at Developer's own expense. Developer is also 9 I City of Tigard/Walmart Store /ODOT Agreement No. 28599 responsible, at its own expense, for replacement of any additional State survey marks or other monumentation not recorded with a county that are damaged or removed during the course of the Project. In the event of such replacement, Developer shall contact State's Geometronics Unit for replacement procedures. 25. Developer agrees that right of way identified by State or City that is required to construct the highway and city street improvements as part of the Project, shall be donated by Developer without cost to State or City. Developer shall coordinate State right of way donations through the State Region 1 Right of Way Office. 26.1f additional right of way is acquired for State highway right of way purposes as a result of the Project, then a right of way monumentation survey is required as defined in ORS 209.150 and 209.155. Developer agrees to provide such a survey, at its own expense, following ORS Chapter 209 stipulations, State Right of Way Monumentation Policy, and State's Geometronics Unit review and approval, and to file the legal survey with the appropriate county Surveyor's office as required. 27. In the event any portion of this Project affects railroad right of way, Developer shall be responsible for notifying the appropriate railroad company of the Project, the construction and approval of all required agreements and for all costs associated with railroad related tasks identified above. 28. Developer certifies and represents that the individual(s) signing this Agreement has been authorized to, enter into and execute this Agreement on behalf of Developer, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Developer. I 29. Developer's Project Manager for this Project is Steve Dyer, Walmart, 2001 SE 10 Street, Mail Stop 5570, Bentonville, Arkansas, 72716; (479) 273 -4567; steve.dyer @walmart.com or assigned designee upon individual's absence. Developer shall notify the other Parties in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State shall, upon execution of the agreement, forward to Developer a letter of request for an advance deposit in the amount of $90,000 for maintenance costs associated with the storm water filter replacement required for the storm water drainage facilities constructed as part of the Project. 2. State shall, upon execution of the agreement, forward to Developer a letter of request for an advance deposit in the amount of $10,000 for the costs associated with State's review of Project plans and inspection during construction. If State anticipates that the advance deposit will be exceeded, State will notify the Developer and send an additional request with the estimate of costs. State will return any unused funds to the Developer after the Project is completed. 10 City of Tigard /Walmart Store /ODOT Agreement No. 28599 3. State shall review and approve all Project plans prior to construction by Developer or its contractor. 4. State shall, upon completion of Project and acceptance of Project by State, accept jurisdiction and control of the state highway facilities constructed as part of the Project. 5. State shall, at State expense, perform and be responsible for maintenance of Project elements on State facilities. 6. State shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the highway in such a manner as to provide adequate protection for said detector loops. 7. State grants authority to Developer to enter upon State right of way for the construction of this Project as provided for in miscellaneous permit to be issued by State District 2B Office. 8. Consistent with the 2002 Policy Statement for Cooperative Traffic Control Projects, Agreement 19179, between State and the agencies belonging to the Association of Oregon Counties (AOC) or the League of Oregon Cities (LOC), State and City shall each be responsible for fifty percent (50 %) percent of the cost for maintenance, operation and electricity for the signal equipment, excluding the detector loops, on the 68 / 1 -5 SB Haines Street ramps as listed in Terms of Agreement Paragraph 1 subsection p. State shall perform the maintenance and be responsible for payment for signal power to the power company. The power company shall send power bills directly to State. State shall annually bill Agency for their fifty percent (50 %) of the combined maintenance, operations and electricity for the Project. 9. State's Project Manager for this Project is Bret Richards, PE, PLS, 123 NW Flanders Street, Portland, OR 97209, 503 - 731 -8288, bret .n.richards @odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Parties in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of all Parties. 2. State or City may terminate this Agreement effective upon delivery of written notice to Developer, or at such later date as may be established by State or City, under any of the following conditions: a. If Developer or City fails to provide services called for by this Agreement within the time specified herein or any extension thereof. 11 I City of Tigard/Walmart Store /ODOT Agreement No. 28599 b. If Developer or City fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Developer or City fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. Developer shall deliver to City and State all books, documents, papers, and records of Developer and City, respectively, which are directly pertinent to the Project and this Agreement within six (6) months of Project completion. 5. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ( "Third Party Claim ") against State or City with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 6. With respect to a Third Party Claim for which State is jointly liable with City (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by City in such proportion as is appropriate to reflect the relative fault of State on the one hand and of City on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of City on the other hand shall be determined by reference to, among other things, the parties' 12 I City of Tigard/Walmart Store /ODOT Agreement No. 28599 relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 7. With respect to a Third Party Claim for which City is jointly liable with State (or would be if joined in the Third Party Claim), City shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of City on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of City on the one hand and of State on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. City's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 8. The Parties shall attempt in good faith to resolve any . dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non - binding arbitration) to resolve the dispute short of litigation. 9. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 10.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind any Party unless in writing and signed by all Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. SIGNATURE PAGE TO FOLLOW 13 I City of Tigard /Walmart Store /ODOT Agreement No. 28599 CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By By (Insert Title) Highway Division Administrator Date Date APPROVED AS TO LEGAL SUFFICIENCY APPROVAL RECOMMENDED B By By Technical Services Manager /Chief City Counsel Engineer WALMART REAL ESTATE BUSINESS Date TRUST, a Delaware Statutory Trust, by and through its designated officials B State Traffic Engineer By Date Title: Director of Project Managemen Date By Region 1 Manager APPROVED AS TO LEGAL SUFFICIENCY Date By Developer Counsel B y Region 1 Project Services Manager • Date Date City Contact: Kim McMillan, PE By 13125 SW Hall Boulevard ! Region 1 Maintenance and Operations Tigard, OR 97223 Manager 503 - 718 -2643 kim @tigard- or.gov Date Developer Contact: APPROVED AS TO LEGAL Steve Dyer - Walmart 2001 SE 10 Street, Mail Stop 5570 SUFFICIENCY Bentonville, AR 72716 479 - 273 -4567 B steve.dyer @walmart.com Assistant Attorney General State Contact: Bret Richards, PE Date 123 NW Flanders Street Portland, OR 97209 503 - 731 -8288 Bret. n. richards @odot. state. or. us 14 I SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, W.M. SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. `O PpJ3 INT RSTATE 1 B0 � iGF PFAFFLE ST �y `i a 9 � 0 G HAINES ST i ` O ' �ATMO ` p C OFF SITE IMPROVEMENTS S7- r7 (0 C3 \ '9 oppr"-- J � HERMOSO WAY a co co to ' ``' e BEVELAND ST a c, 1 w HAMPTON T VARNS ST J m J J Q I 3 m ROADWAY IMPROVEMENTS • SIGNAL IMPROVEMENTS WAL -MART D i i l , ) TIGARD, OR EXHIBIT A PROJECT LOCATION MAP 606 Columbia St. N.W., Suite 106 T (360) 786 -9500 Olympia, WA 98501 F (360) 786 -5267 WWW.PACLAND.COM Dts1-7-; .1..,,,,t_Qe/ L 7-c,_, , 1 99W - Roadway widening to accomodate a new T / / / l r /Q01 1Z SUPPLEMENTAL PACKET westbound lane and center median sp y � . CL/ �c's��� 0\'1 - FOR �S /"i/ a o a r z:4 z. � ��,` � � � , , ��� rtir)- /00DT FY-- r , � (DATE OF MEETING) 4 . \�C\ °�°u 99W & 72nd - Traffic signal modifications � � e l Q p�,, - tom _ • 5- 6.4 -6.6 _ a ` i /; % 99W Road Widening & Frontage Improvements S.(...•■•(AtZ/3_, `e— ° � I RM - 1 2 & 72nd Right Turn Lane N� ` PFAFFLE ST I---- > I - ' - > / 99W & 74th Ave - Traffic signal modifications n' to install eastbound Z Q <11 i - 99W Roadway wide ing �A � � �, , CH 4.2 right turn Lane at Dartmouth z I TC — 7_A a � ��°:A 99W & Dartmouth - New traffic signal / ) \ Dartmouth - Median improvements and W striping - > ..... ....•. 6.3 j ...:..... , I- RM -1.5 / 1� A Dartmouth Street - Roadway widening and _ ... �1l 1 ` — =� .. — e frontage improvements RM- 1.3 -1.4 � CH -4.5 � Dartmouth & Site Access - New traffic 'VA_ � �� -' ® _ _ — � ,--4' r !Dartmouth & 68th Ave - New traffic signal nal signal O� < - _ TS-6.12-6.13 CH- 4.3_4.4 , I Dartmouth & 72nd Ave - New traffic signal 0 , SI = (, RM -1.5 w w �w w ai Hermoso Way - Roadway widening � >j , I to install an eyebrow corner 0 !' "- RM -1.8 CR -� 1n O _ El _ 72nd Ave & Beveland - Traffic . i y - �� - - signal modifications > Beveland - Roadway widening to provide HER OSO WAY l , n -r 1 TS _ _ left turn storage, pavement improvements I _ and striping widening to accomodate a new O i :ate, 72nd Ave Roadway 9 Roadwa e northbound lane and center median _ J W I CR -2.15 R1C7�1.6 < ii - ! ■ - ' 72nd & Gonzaga - Intersection CR- 2.11 -2.12 0 IN — improvements 72nd Ave & Hampton - Existing signal (1� Z , - O AMPTON ST removal and Hampton median island 9 installation TS- 6.17 -6.20 6 /4/ � \ :y RM -1.9 RM -1.7 Fi ^ �� � GRAPHIC SCALE 72nd Ave & Hunziker- Intersection O 16 Hwy 217 NB Ramp - Roadway widening for turn improvements '—'i i � lane extensions CH -4.7 VARNS ST - -- OR 21 SB RAMP CR -2.17 = -w 72nd Ave & Varns - Roadway ' — ( . ARNS ST CH -4.9 widening and striping No. Date By Revision Description Designed By: Issue Date: MPJ 06/1/2011 PROPOSED RETAL Drawn By PERMIT , D ROADWAY IMPROVEMENTS KEY MAP �/ MPJ - ROAD K TIGARD, OR Checked Sy: Project 606 Columbia St. N.W., Suite 106 T (360) 786 -9500 WHL 30920009 Olympia, WA 98501 F (360)786 -5267 vis ee► CITY OF TIGARD, OREGON D is-1-61) c c_ e c .to TIGARD CITY COUNCIL Counc i L Or) / 41Wil k RESOLUTION NO. 12- DA1 A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF CERTAIN COUNTY ROADS (SEGMENTS OF SW BARROWS ROAD, SW FRIENDLY LANE, SW ROSHAK ROAD, SW BULL MOUNTAIN ROAD AND SW 113 AVENUE) WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD WHEREAS, ORS 373.270(6) provides a mechanism to transfer jurisdiction of a county road within a city to a city; and WHEREAS, the following segments of county roads fall within the city limits of Tigard: • The southeastern half of SW Barrows Road from Scholls Ferry to Walnut Street • SW Friendly Lane, from Roy Rogers Road to the Tigard city limits • SW Roshak Road, from Roy Rogers Road to the Tigard city limits • SW Bull Mountain Road, from Pacific Highway to SW Benchview Terrace • SW 113 Avenue, from Durham Road south to the Tigard city limits; and WHEREAS, the City of Tigard, by way of an intergovernmental agreement with Washington County related to the River Terrace annexation, agreed to acquire jurisdiction over the above - mentioned segments to the same extent as it has over other public streets within the city. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby requests that the Commissioners of Washington County, Oregon transfer jurisdiction of those segments of SW Barrows Road, SW Friendly Lane, SW Roshak Road, SW Bull Mountain Road and SW 113 Avenue, described and depicted in Exhibits "A" and `B" attached hereto, to the City of Tigard. SECTION 2: The aforementioned request is to be granted or denied by the Commissioners of Washington County within one year of the execution of this resolution. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2012. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 12- Page 1 EXHIBIT "A" TRANSFER OF JURISDICTION TO THE CITY OF TIGARD 1. SW BARROWS ROAD BETWEEN THE SOUTHERLY RIGHT -OF -WAY OF SW SCHOLLS FERRY ROAD AND A POINT ±100 FEET NORTHEASTERLY FROM THE INTERSECTION OF SW BARROWS ROAD AND SW WALNUT STREET, AND LYING WITHIN THE CITY OF TIGARD. SEE PAGE 1 OF EXHIBIT "B" All that portion of County Road No. 812 lying southeasterly of the centerline of said road and lying between the southerly right -of -way of County Road No. 348 (SW Scholls Ferry Road) and that portion of Country Road No. 812 transferred to the City of Tigard in County Road 3191T/J. Said portion being situated in the West One -half of Section 33, T1S, R1W, W.M. 2. SW FRIENDLY LANE BETWEEN SW ROY ROGERS ROAD AND THE TIGARD CITY LIMITS. SEE PAGE 2 OF EXHIBIT "B" All that portion of County Road No. 348 lying between County Road 3110 (SW Roy Rogers Road) and the beginning point of County Road 147-1/2, and all that portion of County Road 147 -1/2 lying between the beginning point of said road and that portion of said road vacated in Document No. 94005038 of the Washington County Book of Records. Said portions of County Road Nos. 348 and 147 -1/2 being situated in the Southwest One - quarter of Section 5 and in the Southeast One - quarter of Section 6, T2S, R1W, W.M. 3. SW ROSHAK ROAD BETWEEN SW ROY ROGERS ROAD AND THE TIGARD CITY LIMITS SEE PAGE 2 OF EXHIBIT "B" All that portion of County Road No. 142 lying between County Road 3150 (SW Roy Rogers Road) and that portion of County Road No. 821 vacated in Document No. 97092179 and that portion of County Road No. 142 vacated in Document No. 94005038 of the Washington County Book of Records . Said portion of County Road No. 142 being situated in the Southwest One - quarter of Section 5 and in the Southeast One - quarter of Section 6, T2S, R1W, W.M. 4. SW BULL MOUNTAIN ROAD BETWEEN A POINT ±135 FEET WESTERLY OF THE CENTERLINE OF SW BENCHVIEW TERRACE AND SW PACIFIC HIGHWAY (STATE HWY 99W) SEE PAGES 3 AND 4 OF EXHIBIT "B" All that portion of County Road No. 147 -1/2 lying between the terminus of said County Road and the southerly extension of the westerly line of the plat of "Hillshire Summit ", and excluding any portions not lying within the Tigard city limits. Said portion of County Road No. 147 -1/2 being situated in the North One -half of Sections 9 and 10, T2S, R1W, W.M. 5. SW 113TH AVENUE FROM SW DURHAM ROAD TO A POINT ±670 SOUTHERLY SEE PAGE 4 OF EXHIBIT "B" All that portion of County Road No. 1364 lying between County Road 2671T/J (SW Duraham Road) and the westerly extension of the northerly line of that property described in Book 740, Page 785 of the Washington County Book of Records (tax lot 300 on tax map 2S1 15AB). Said portion of said road being situated in the Northeast One - quarter of Section 15, T2S, R1W, W.M. • R° . T :::OF.:: :JURISDICTION:: - : Q �m FERRO - SITE , -- . -- .- -... .... . w Q G , > ,0 \ ' SW BARROWS ROAD ri BARR* S Cl- 1C��'T ST. W C,* ��a w x Q Op,O L,1 BULL MOUNTAIN 75 ER' R RD. R O\- R° J s� � cr BEND c ' 0, �� 8 ® . co > BEEF `° VICINITY MAP to :o 4>7/ 0 ® - oe \ — OID .. ** Nr- \ ...:.- .. * A o t -: :;... ---..--- TO CITY OF ``,,�` / I TIGARD TO CITY OF — - ....'S Zti e I BEAVERTON %. ilig I = _ : sl _ __ II • nl r_r_, I I .. wI NI ®N i11' ■ § # ® � � mmo mm amm � a. am mom IN 1 S1 SECTION 33 2S1 SECTION 4 ° ' W , \ � SW WALNUT STREET PAGE 1 v EXHIBIT "B" <> c° ::':::'TRANSFER: ::OF:. :JURISDICTION :::::::' Cm FER RY �.i Li' Q � G� o ��5 SW FRIENDLY LANE 1 BARR. s � s � ��, SW ROSHAK ROAD 0 ` ST. — SITES N w mc' RD. o BULL cr OUNTAIN .so. �4 0 EE cr BEND o E BEEF V Q� VICINITY MAP [ NOT TO SCALE RO _ `. _ SG FERRY 1 1 1 ) sw SW FRIENDLY LANE gi C.R. 348 ' 0 . • 011 P C.R. 147-1/2 -• O q , I t% • All AMR Dr FE E - _ _ , 1._ a ll 11�I ce 1 11111 v) cK 2 um ili o mu fx : um .1 mu J I ° � : != Lam :Ws SW ROSHAK ROAD •• 211„"' C.R. 142 1 I I PAGE 2 EXHIBIT "B" • R°' TRAN :: :• :. JURISDICTION: : .• : . :::::::;;: Q 0 D °D FERN M �nyy L Q 1 �l s G ,)P\' SW BULL MOUNTAIN ROAD ro . BARR• S dc). �tiG ST. —SITE cc N cc o BULL N OUNTAIN � 0 BEN € NOT TO SCALE BEEF . , VICINITY MAP = J _-(-/_ 4■11011 ■ — J b 11 I r ‘...........''':-.%** 4... 0 Odium/or I..._ ANIIISIIIP -■ ____, rj ri o � .. a - _( � • .s,,,,, _, . 1 NI E ,.,,, - )---- . LJ _ J ..... 0 Q ♦ ' Tgi Er ~ r( • W iff NOW 1 111 et..........°.la MI ' (0 13 J . (r) I lb ■■■■ imr a i P ■■v* ■ • MIR *.....'...-'...... p in -........-................„ AO LJ , 4 "v , ■ • _-_-,--- ) 1 PAGE 3 EXHIBIT "B" . . >-- • . . . . . . . . . , . . . . . . , . . . . . . . . . . . . . . . • . . . . . . . . . • . . - . . . . . . . . . - . . . . . . . . : . . . . . . . . . . . TRANSFER . . . . . • . • . . . , . . • . . • . . • ., • ••.•.%•„.-•.-......„ <0 c, > ....:.........::.. OF•:.:JURISDIdTioN••••%••••'•:.. _c 3 L .:4 Iii ST. — SITE SW BULL MOUNTAIN ROAD c i BARR 0 s C/. x cn ' <IV BULL Ts— MOUNTAIN R D. c ' ) 0›- -I- rt BE-\\ID 0 BEEF ,-- C) NOT TO SCALE 'T I Q , VICINITY MAP = Z------- NI , 4'1' T . 1 l co — ,._cNI jz — • ......,.%.:..:..:..:..:....%. c .)` — 11 Alll ......%..............................:......:...... . gm low SW BULL UNTAI MON ROAD __1. 1 .z• •I 0 , .., , __)Li Ammo ,_______, wino , QS(' 11111P WA ' \ ii, ov ■ IIAIN PAGE 4 E XHIBIT 1:1" ' �� TRANSFER: OF:JURISDICTION:�:: ::� ct m FERRY 4- d BARR• s GT SW 113TH AVENUE ST. 0 Iv OUNTAIN 0 BULL cc RD. F °• 44 BEND �v BEEF SITE VICINITY MAP NOT TO SCALE 0 0 00 1== 00 SW DURHAM ROAD C.R. 2671T/J • BOOK 740 PAGE 785 2S115AB00300 / PAGE 5 EXHIBIT "B" AGENDA ITEM NO. 2 -C CITIZEN COMMUNICATION DATE: August 14, 2012 (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: AA (fir.. I A �jpd (An Also, please spell your name as it sounds, if it will C (Q r a help the presiding officer pronounce: �� rej'QI Ci Address I3 S SW lrr (I C4 Who rS r C�e� artfr to I cttvS City Mem( OP State u b2 Zip c172 2s pu-r- Phone No. 93 - S 9 "- o b (Si F`� 1 ��► r � ooc Name: G\A6 _l \" Gl li \\e.0 "Z "v qq \fkl° -��r Also, please spell your name as it sounds, if it will NO help the presiding officer pronounce: 0.6 \0, \t torn e Address 1 g` `jib tt) City ‘A Nara State 1, Zip cI1 p a3 Phone No. 5D3 3O -°]'-}' (i Name: 4 1240 Also, p ease spell l ell your name as it sounds, if it will help the presiding officer pronounce: Ilo i C.._- Address 19_11,,c f 4AL L S I • City 1► 64491, State 0 . Zip 11,13 Phone No. �l/� ' �') 01.21 ° a y t0 �D i. \adm \cathy \ccs sign up \citizen communication.doc CITIZEN COMMUNICATION AGENDA ITEM NO. 2 -C CITIZEN COMMUNICATION DATE: August 14, 2012 (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: !Y6ii-e Also, please spell your name as it sounds, if it will help the presiding officer pronounce: re �`` �c N-d Address I o $ 55 5w ea{ l< City i State O fZ Zip 91 as Phone No. 5 -13 3 ( •Z ` ` 54 Name: Cara/ K(y-C Also please spell your name as ✓ it sounds, if it will help the presiding officer pronounce: r b Address OW (br 6 4 City a rC State fl /� Zip ( '72 2) Phone No. 5it)" - b 3'( qa2 Name: jen;s //1//., Also, please spell your name as it sounds, if it will help the presiding officer pronounce: re n°6 // L tlys, �C � f � t o , a,t, Address /0 90 S 5UJ�e/la �` City — AA State v ` Zip Zi 4 /7 4 /72- � Z / Phone No. 5 " b eo - iyy CITIZEN COMMUNICATION AGENDA ITEM NO. 2 -C CITIZEN COMMUNICATION DATE: August 14, 2012 (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 Pint, CONTACTED Name:Cott t/ K Also, please spell your name as it sounds, if it will b r/8 1 f e help the presiding officer pronounce: D " 1 ( CVSL-- Addres 1 J z cs �c‘-..,-- /O? 4i �- City ( S C o, 0 State Zip Q 7 7 Phone No. SC/ ? �S 3 9z// Name: _ �' f— Also, p • : se" our name a: _ it so • s, if it will i P 7 ` it -/ %Allo help the p • . ; officer p ••nounce: — — Wiec AI imeivir t 0 (4 Ferrl Ad / .� A!�i_i�� .LL's . . 4 AWE" # z viz ... avail, )1 Stat 401: _ / �' / _ litte Phone No. 303-63'q wo 2 / 420 Name: v /1_, A ea fir Also, please spell your name as it sounds, if it will N/) 0 e 4 ,,/? help the presiding officer pronounce: /7/Z/7"--1/ (2'. Address / 0 7 7 ( (G✓ ,524/1x 1 City (77 ‘ 4 / 60 G State 0 4 Zip 5 2 .2 i Phone No. C 0 j 62-0 (114 CITIZEN COMMUNICATION August 14, 2012 Citizen Communications John Schmidt telephoned. He advises he expects neighborhood representatives will attend and speak at tonight's City Council meeting during citizen communications. He is unable to attend, but asked that the following comments be forwarded to the City Council: He objects to the rehab center for drug and alcohol at 10975 SW Park Street. He reports that in the last few weeks, mail has been stolen from neighborhood mailboxes. His property was burglarized. This might possibly be related to the presence of the rehab center. He objects that a business can be located in a long - established neighborhood, which deteriorates quality of life and property values. He said that if he was a landscape contractor, city ordinances would prevent him from parking his business truck on a residential street and, yet, a rehab center can be located in a neighborhood. Contact information for Mr. Schmidt: 10960 SW Fairhaven Street Tigard, OR 97223 Phone: 503 - 730 -4450 SUPPLEMENTAL PACKET FOR (DATE OF MEETING) /D6 54) / r s7 . O 9 22 The problem I have with the group home in our residential neighborhood is the lack of communication. Neighbors should have been informed of this use before any guys moved in. There was no notice whatsoever from the property owners, the Bettendorfs, or the director, Mr. Leibertz. This is what I'd like the City's help with. Can you assist in holding an open and mediated discussion with whoever is in charge? The neighborhood needs facts and information because without it, people rely on their own opinions and fears. We have basic questions such as: • The number of men who will be living there. • What were they addicted to and this brings up another point... • Can the neighborhood have any say in what type of recovery is allowed, for example — no former meth users or sex offenders? • Is there 24 -hour on -site supervision? • What method is in place for relapses? What are the house rules? • Who can neighbors call in case of a problem? Due to the federal fair housing act the city can't stop rehabilitation houses from going in, even in established single family neighborhoods with a lot of kids. I get that. They're here and we need to move forward and make this work for everyone. ONE LAST COMMENT: It would not surprise me to find out that men living there and I share some of the same values. We both want to live in a safe, peaceful, attractive neighborhood, with caring and friendly neighbors. We did not get off to a good start and that is not the residents' fault. My hope is that we neighbors learn tolerance, experience no new crime or problems associated with the house, and that we develop an appreciation and respect for the tremendous work it takes to recover from addiction. And I hope that the men experience caring, respectful relationships with neighbors who know their names and support them in a successful journey to recovery. I hope their stay in our neighborhood is a positive one for them and for us. SUPPLEMENTAL PACKET FOR ) / /aQ) 6 (DATE OF MEETING) UP COM 1 NCr EVEN Good Morning Tigard (GMT) — Business Networking — 7:30- 9:00am - ' ,' " • 8/16/12 — Tigard Farmers Market & Youngs Funeral Home • Hosted at their location, 11831 SW Pacific Hwy Tigard, OR 97223 (503) 639 -1206 • 8/23/12 — Kadels Autobody • Hosted at their location on Greenburg Road • 8/30/12 — At Ease Massage Therapy • Hosted at their new location, 7420 SW Hunziker Rd Suite F, Tigard, OR 97223 Other Chamber Events Lunch Local — No Host Lunch, 2 " & 4 Wed of each month 11:45 a.m. to 1 p.m. • Aug 22nd - Mazatlan by Tigard Cinemas • September 12 Baja Fresh - By TCBY • September 26 Tamale House Farmer's Market Open, Sunday May - October, 2012, Young's Funeral Home Parking Lot, 9 a.m — 2 p.m. (iiarc �Ii MARK GROW. GATHER. GIVE. Visit them at www.tigardfarmersmarket.org Tigard's Third Tuesday, After Hours — 08/21/12 @ TACC— 5:00 — 6:30 pm — Chamber Website rollout! Multi- chamber networking hosted by Club Sport — 8/24/12 @ 7:30 a.m. at their location Tigard Chamber Business Directory (members only) publishing in September, join now for inclusion For more about these and other events, go to http : / /business.tigardchamber.org /events /calendar/ To sign up for our newsletter, e-mail info @tigardchamber.org and put newsletter in the subject line Find us on Facebook & Twitter at tigardchamber and Linkedln Group and Company Tigard Chamber SUPPLEMENTAL PACKET IGARD AREA FOR v i-ce- / Cpl cc M (DATE F M G) 9E0.pf Find us on Facebook [J 4 ?C � QC �oMMEa'E II Send �rILJYC.I • AIS -995 3. A. Business Meeting Meeting Date: 08/14/2012 Length (in minutes): Agenda Title: Receive and File: Council Calendar and the Tentative Agenda Submitted By: Cathy Wheatley, Administrative Services Item Type: Receive and File Meeting Type: Consent Agenda Information ISSUE Receive and File: Three - Month Council Calendar and the Tentative Agenda STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY N/A OTHER ALTERNATIVES N/A COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION N/A Attachments Council Calendar Tentative Agenda Agenda Item No. .3 A For Agenda of August 14, 2012 MEMORANDUM IICARF) TO: Honorable Mayor & City Council /City Center Development Agency Board FROM: Cathy Wheatley, City Recorder RE: Three -Month Council /CCDA Meeting Calendar DATE: August 6, 2012 August 7 Tuesday City Center Development Agency — 6:30 p.m., CANCELED 14* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 21 * Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 28* Tuesday Council Business Meeting — 6:30 p.m., Town Hall September 3 Monday Labor Day Holiday — City Offices Closed 4 Tuesday City Center Development Agency — 6:30 p.m., Red Rock Creek Conference Room 11* Tuesday Council Business Meeting -- 6:30 p.m., Town Hall 18* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 25* Tuesday Council Business Meeting — 6:30 p.m., Town Hall October 2 Tuesday City Center Development Agency — 6:30 p.m., Red Rock Creek Conference Room 9* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 16* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 23* Tuesday Council Business Meeting — 6:30 p.m., Town Hall Regularly scheduled Council meetings are marked with an asterisk ( *). I: \adm \city council \council calendar \ 3-month calendar for c mtg 120814.doc 14 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/7/2012 8:06 AM - Updated Form # Meeting Date Submitted By Meeting Title Department Inbox or Type - -- Finalized 815 08/21/2012 Carol AAA `• se o Krager Location: Tigard City Hall - Cominbation Meeting - shoo, B s DA — — 990 08/21/2012 Greer Bsns Item 1 5 Minutes - Consent Agenda - Approve a Public Works Gaston G, Conf Gaston Consent Cooperative Improvement Agreement with Oregon Executive Asst Agenda Department of Transportation and Wal - Mart 954 08/21/2012 Greer CCWKSHOP 2 15 Minutes - Capital Improvement Plan Update Public Works Stone Mike, City Gaston Engineer 808 08/21/2012 Greer CCWKSHOP 3 40 Minutes - Council Direction on a Concept Design Public Works Gaston G, Conf Gaston for Pacific Highway /McDonald /Gaarde Intersection Executive Asst Improvements 945 08/21/2012 Cheryl CCWKSHOP4 45 Minutes - Tigard Triangle District Plan Update Community Caines C, Assoc Caines Development Planner 967 08/21/2012 Susan CCWKSHOP 5 30 Minutes - Annexation Policy Discussion Community Pagenstecher G, Hartnett Development Assoc Planner 985 08/21/2012 Sean CCDA 6 20 Minutes - Review Targeted Incentive Program Community 08/06/2012 Farrelly Request for Proposals Development 992 08/21/2012 Sean CCDA 7 10 Minutes - Discuss Developer Meetings Community 08/06/2012 Farrelly Development 991 08/21/2012 Sean CCDA 8 20 Minutes - CCDA- Executive Session Community 07/26/2012 Farrelly Development Total Time: 185 of 180 minutes have been scheduled IEEE Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/7/2012 8:06 AM - Updated 816 08/28/2012 Carol AAA Meeting Date: 08/28/2012 I Absences to Note: I Location: I • Krager Tigard City Hall 962 08/28/2012 Greer ACCSTUDY 10 Minutes - Exec Session on Real Property Transactions 07/09/2012 I Gaston 968 08/28/2012 Greer ACCSTUDY 20 Minutes - Executive Session on Real Property Transactions Public Works 07/09/2012 I Gaston 15 Minutes - Council Groundrules Discussion might move from I the August 14 Study session F.. - ----II 934 08/28/2012 Greer ACONSENT Consent Item - Consider a Resolution Approving the Purchase of Public Works Gaston G, Conf Gaston the Skelton Property and Authorizing the City Manager to Executive Asst Complete the Property Purchase As of August 6, 2012, no business items scheduled for the August 28 City Council business meeting. r I 799 09/04/2012 Cathy AAA CCDA - September 4, 2012 I Wheatley I II 986 09/04/2012 Sean CCDA 20 Minutes - Executive Session- Real Property Community 07/26/2012 I Farrelly Development Total Time: 20 of 110 minutes have been scheduled I Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/7/2012 8:06 AM - Updated 817 09/11/2012 Carol AAA Meeting Date: 09/11/2012 I Absences to Note: Krager Location: Tigard City Hall 984 09/11/2012 Loreen ACCSTUDY 20 Minutes - Executive Session for pending litigation 07/23/2012 Mills 988 09/11/2012 Liz Newton ACCSTUDY 20 Minutes - Discuss Legislative Agenda for Upcoming City Management Newton L, Assistant Session City Manager I- - - - - II 905 09/11/2012 Greer ACONSENT Consent Item - Receive and File Staff Report on Hall Public Works McCarthy M, St /Trans I Gaston Boulevard Jurisdiction Sr Proj Eng I II 917 09/11/2012 Todd CCBSNS 45 Minutes - Urban Forestry Code Revisions - Discussion Community Prager T, Assoc Prager of Land Use Elements Development Planner /Arborist 918 09/11/2012 Todd CCBSNS 45 Minutes - Urban Forestry Code Revisions - Discussion Community Prager T, Assoc Prager of Non Land Use Elements Development Planner /Arborist Total Time: 90 of 110 minutes have been scheduled iI 818 09/18/2012 Carol AAA Meeting Date: 09/18/2012 I Absences to Note: Mayor Krager Dirksen absent I Location: Tigard City Hall II 952 09/18/2012 Kent Wyatt CCWKSHOP 30 Minutes - Discuss a request for allowing social City Management MartyW, City Manager gaming in the City of Tigard 974 09/18/2012 Marissa CCWKSHOP 20 Minutes - Population and Housing Review Update Community Daniels M, Assoc. Daniels Development Planner 993 09/18/2012 Greer CCWKSHOP 10 Minutes - Briefing on an Intergovernmental Public Works Gaston G, Conf Gaston Agreement with Clackamas River Water Providers Executive Asst 994 09/18/2012 Darren CCWKSHOP 25 Minutes - Update on the River Terrace Community Community Wyss D, Senior Planner) Wyss Plan Development Total Time: 85 of 180 minutes have been scheduled 3 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/7/2012 8:06 AM - Updated I II 819 09/25/201 Carol AA Date: 09/25/2012 - l � IKra g er 1Meeting MAYOR DIRKSEN ABSENT 1C As of August 6, 2012, no study session items scheduled for September 25, 2012 983 09/25/2012 John ACONSENT Consent Item - Authorization for Mayor to Sign Public Works ;' Gaston G, Conf Goodrich Membership Intergovernmental Agreement with - " Executive Asst Clackamas River Water Providers If 980 09/25/2012 Carissa CCBSNS 15 Minutes - Supplemental Budget Amendment to FY Financial and Collins C, Sr Mgmt Collins 2013 Adopted Budget Information Analyst (Fin Adm) Services 989 09/25/2012 Liz Newton CCBSNS 15 Minutes - Adopt 2013 Legislative Agenda City Management Newton L, Assistant City Manager 1Total Time: 30 of 110 minutes have been scheduled 800 10/02/2012 Cathy AAA CCDA - October 2, 2012 Wheatley COUNCIL PRESIDENT BUEHNER ABSENT i I 987 10/02/2012 Sean CCDA 20 Minutes - Executive Session: Real Property Community 07/26/2012 I Farrelly Development Total Time: 20 of 110 minutes have been scheduled 1 'I 4 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/7/2012 8:06 AM - Updated 820 10/09/2012 Carol Krager AAA Meeting Date: 10/09/2012 1 Absences to Note: 1 Location: Tigard City Hall As of August 6, 2012, no items scheduled. 821 10/16/2012 Carol Krager AAA Meeting Date: 10/16/2012 1 Absences to Note: 1 Location: Tigard City Hall As of August 6, 2012, no items scheduled. 822 10/23/2012 Carol Krager AAA Meeting Date: 10/23/2012 1 Absences to Note: 1 Location: Tigard City Hall 11 As of August 6, 2012, no items scheduled for the October 23, 2012, study session. 961 10 /23 /2012Joanne ACONSENTConsent Item - 3rd Quarter Council Goal Update City Management Bengtson 976 10/23/2012 Todd Prager CCBSNS 40 Minutes - Urban Forestry Code Revisions - Land Community Prager T, Assoc Use Elements Development Planner /Arborist 977 10/23/2012 Todd Prager CCBSNS 40 Minutes - Urban Forestry Code Revisions - Non Community Prager T, Assoc Land Use Elements Development Planner /Arborist Total Time: 80 of 110 minutes have been scheduled .1 AIS -915 1.4 . A. Business Meeting Meeting Date: 08/14/2012 Length (in minutes): 40 Minutes Agenda Title: Urban Forestry Code Revisions - Discussion of Land Use Elements Submitted By: Todd Prager, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Information ISSUE This aspect of the council workshop covers the land use elements of the Urban Forestry Code Revisions which include urban forestry standards for development and tree grove preservation incentives. The purpose of the workshop is to receive the staff report on public testimony, discuss the project with Planning Commission and direct staff on issues of interest for further study or possible code changes. STAFF RECOMMENDATION / ACTION REQUEST Receive the staff report, discuss the project with Planning Commission and direct staff on issues of interest for futher study or possible code changes. KEY FACTS AND INFORMATION SUMMARY On July 24, 2012, City Council held its first public hearing on the Urban Forestry Code Revisions. At that hearing, council received a range of testimony on both the land use and non land use elements of the proposal. The purpose of the August 14, 2012 meeting is to review the public testimony received and direct staff on issues of interest for further study or possible code changes. Staff has summarized the public testimony by topical area and commenting party in an attached memorandum. Staff has also prepared a list of follow up items identified by Council at the July 24 meeting. These are also included in a separate and attached memorandum. The meeting will be held in a workshop format with representatives from the Planning Commission. Public testimony will not be received. At the August 14 meeting: • Mayor opens hearing on land use and non land use elements of the proposal, indicationg that public testimony will not be taken. • Staff presents report summarizing public testimony. • Council receives a recommendation from and discusses the proposal with Planning Commission. • Council directs staff on issues for further study or possible changes. • Council will continue the hearing to September 11, 2012. Looking forward, the following is planned for future Council meetings on the UFCR. At the September 11, 2012 workshop: • Public testimony will not be received. • Staff will provide an interactive staff report on issues of interest. • Council will direct staff on any desired code changes to address the issues. At the October 23, 2012 meeting: • Staff will present a report based on council direction from prior meetings. • Public testimony will be taken on any changes under consideration. • Potential council decision to adopt any changes and the entire UFCR package. At the November 27, 2012 meeting: • Time has been reserved to hold a second meeting of identical format, should Council require additional time to adopt changes and the entire UFCR package. OTHER ALTERNATIVES Council has a wide range of options in the legislative adoption process. Council could also decide not to adopt any changes to the existing codes. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS • Goal 1.b.i. Implement the Comprehensive Plan through code revisions, including tree code. • Comprehensive Plan Goal 2, Section 2. Tigard's Urban Forest. • Urban Forestry Master Plan. DATES OF PREVIOUS CONSIDERATION Council previously considered this matter on the following dates: • February 16, 2010 • October 19, 2010 • November 9, 2010 • November 23, 2010 • January 25, 2011 • July 19, 2011 • January 24, 2012 • July 10, 2012 • July 24, 2012 Fiscal Impact Cost: N/A Budgeted (yes or no): N/A Where Budgeted (department /program): N/A Additional Fiscal Notes: The code amendments contained in the Urban Forestry Code Revisions package do not have a direct impact on the city's revenue and expenditures. Certain fees are proposed to be created and other to be adjusted. These fees, their purposes, and calculation methodologies are contained in the Resolution and its exhibits attached to agenda item 914. The amount of funds collected in the Urban Forestry Fund may be affected by the proposed change from the existing "tree mitigation" fee to the proposed "tree canopy" fee. Attachments PC Transmittal Memorandum Memorandum Summarizing Public Testimony Memorandum Identifying Council Follow -Up Items City of Tigard T I G A R D Memorandum To: Mayor Dirksen and City Council From: David Walsh, President, Tigard Planning Commission Re: Planning Commission Recommendation - Urban Forestry Code Revisions Date: June 1, 2012 On Monday, May 7, 2012, the Tigard Planning Commission held their fourth and final public hearing on the Urban Forestry Code Revisions (DCA2011 -00002 and CPA2011- 00004), and made a unanimous recommendation that the Tigard City Council approve the amendments to the Tigard Development Code and Comprehensive Plan. If adopted by City Council, these land use amendments will: 1. Establish an equitable framework for the preservation and planting of trees with development; 2. Create a "Significant Tree Groves Map" of Tigard's 70 remaining groves of native trees; and 3. Provide voluntary, flexible and incentive based standards to facilitate tree grove preservation. While the commission's formal recommendation to council is limited to the land use elements of the proposal, the commission also reviewed proposed changes to the Tigard Municipal Code and the new Urban Forestry Manual. Based on our review, the commission finds these proposals are consistent with and supportive of the recommended land use elements. For example, the proposal will allow significantly more flexibility for future property owners to appropriately manage trees that were planted or preserved with development. The Urban Forestry Code Revisions were developed through a robust public involvement process, which included diverse stakeholders such as developers, arborists and natural resource advocates. These stakeholders served on a citizen advisory committee (CAC) that reached unanimous consensus on a set of guiding principles which have consistently informed the project's development and decision making processes. Although the commission made several amendments to the proposal forwarded by the CAC, we did so in a way that preserved the underlying intent of the CAC's guiding principles. The Planning Commission devoted more than 10 hours to the public hearings and Commission discussion of this important issue, more time than any other topic in my tenure on the commission. Much of the discussion during the public hearing process centered on the flexible and incentive based tree canopy requirements that will be applied to development projects. This innovative approach to managing the urban forest is a major change from the existing mitigation approach to managing trees on development property. By eliminating the punitive tree mitigation requirements, I believe that the CAC, staff and the commission clearly delivered on one of the important goals established by council when initiating the effort to revise the Urban Forestry Code. At the heart of these recommended regulations is a requirement to provide a certain amount of future tree canopy and optional ways to meet them through preserving or planting trees. The commission supports this approach because it treats property owners equitably rather than placing greater requirements on properties with trees than those without trees. The commission thoroughly reviewed, tested and adjusted the tree canopy requirements to ensure they balance community desires for trees, open space and development as expressed in past planning processes. Finally, the commission recommends that an evaluation of these new regulations occur within five years of their effective date so that any necessary adjustments can be made in a timely manner. The Planning Commission is very pleased to forward our recommendation on these new land use regulations and feels strongly that this comprehensive package achieves the goals council initially set out for this effort. Our review process has included careful attention to the public input and fine tuning that assures a well - balanced outcome. We look forward to your adoption process and the implementation of this new approach to urban forestry in Tigard. Don Schmidt and I hope to have an opportunity to share our thoughts in more detail at the council's initial hearing. 1111 " City of Tigard TIGARD Memorandum To: Mayor Craig Dirksen and Tigard City Council From: John Floyd, Associate Planner Re: UFCR Testimony Received at July 24, 2012 Public Hearing Date: July 31, 2012 The purpose of this memorandum is to summarize testimony submitted to Council at the July 24th public hearing. This testimony was delivered both orally and in writing. Two individuals submitted oral testimony (Justin Wood & Ken Gertz), one submitted both oral and written testimony (Robert Ruedy), and one person submitted written testimony only (John Frewing). Staff has summarized these comments by subject and person. Where the author cites or repeats prior testimony submitted to the Planning Commission, staff has provided references to background materials provided in Volume V of the Urban Forestry Code Revisions Project materials. This summary is only intended to highlight major themes of the testimony in order to facilitate deliberation, and is not intended to replace or supplant the full text of the received testimony. Copies of the written comments have been provided to the council and placed in the project record, which will be available for council reference at all meetings. TOPICAL COMMENT SUMMARY Land Use Related Items: • Should Council reduce the number of scheduled meetings to consider the amendments? • Has public noticing and participation been sufficient to meet state and local requirements? • Should the ESEE be applied to the entire Urban Forestry Program? • Should contents of Urban Forestry Manual be transferred out of administrative rules and into the community development code? • Have ODFW comments been sufficiently incorporated? • Should density reductions for tree grove protections consider the impact on needed housing estimates? Page 1 • Should the City amend minimum parking requirements for the purpose of reducing hardscape on lots? • Are present levels of code enforcement sufficient? • Is the project compliant with Measure 49? • Should clear- and - objective standards be created for green roofs? Non - Land Use Related Items: • Should minimum canopy percentages be adjusted? • Should arborists or landscape architects be required in all development situations? Can this be waived in certain situations through pre- approved standards? • Should the tow year maintenance responsibility for developers be amended? • Should the tree plan amendment process for new homeowners be amended to better allow for personalization of the property after sale? • Should the number of required arborist visits during construction be amended? • Should mitigation requirements be amended? • Should the City adopt solar access protection ordinances? If so, should this include tree height restrictions and viewshed protections? • Are present levels of code enforcement sufficient? • Should the City define its position on sustainability as part of this project? • Does the project adequately address tree issues that may emerge between neighboring properties? • Should canopy standards be replaced by a "case -by- case" system? • Are the requirements contained within the UFCR equitably distributed? TESTIMONY IN FAVOR OF THE PROJECT Justin Wood, Home Builders Association Verbal Testimony • In general supports the overall project and revised code as a significant improvement over current practices. "Does a good job of encouraging preservation through incentives as opposed to penalties." • Believes canopy goal of 40% was too high for low density residential. Proposes a "test" period with a 25% minimum standard to evaluate the new approach over a five year period. • Believes arborist involvement could be reduced in certain circumstances • Use of pre - approved species and standards for installation of street trees • Reduction of arborist visits during construction from every two weeks to before /after construction. • Requests developers be relieved from two year responsibility for establishment of trees once a property has been sold. • Needed housing studies should take into account potential density reductions resulting from tree grove protection incentives. Page 2 Ben Gertz Verbal Testimony • "Total proponent" of the UFC, better than existing code, likes the flexibility it provides and sees it as a "great step forward." • Supports keeping the Urban Forestry Manual out of the Community Development Code. Supports the use of the Tree Manual as a submittal requirement, not approval criteria, and opposed John Frewing's request that the contents of the manual be incorporated into the development code. • Recommends a reduction in minimum canopy cover to 30 %. • Requests developers be relieved from two year maintenance requirement after sale of home. • Stated homeowners should be allowed to change /remove trees included on tree plan. • Requests the elimination of existing tree plans from smaller lots. • Requests developers be released from obligation to maintain after sale to homeowner. TESTIMONY OPPOSING THE PROJECT John Frewing Written Testimony (56 Pages) • Believes general public does not have a tolerance for multiple meetings on separate topics. • Believes OAR660- 023- 0250(3)(a) requires an ESEE for entire Urban Forestry Program, and not just tree groves. • Believes Oregon land use regulations require the Urban Forestry Manual to be part of Development Code. • Believes ODFW comments have been not been sufficiently incorporated. • Resubmitted written testimony provided to the Planning Commission on February 6, 2012; April 16, 2012; and May 7, 2012, and comments for the Citizens Advisory Committee dated January 12, 2011; January 20, 2011; and September 14, 2012 regarding the Citizen Advisory Committee. See Volume V, pages 5 -19, 27 -42, and 64 -69 for staff responses and background on the Planning Commission's deliberations on these topics. Robert E. Ruedy Verbal and Written Testimony (11 Pages) • "Can't get behind it." • Requests a reduction in parking requirements to allow for a reduction in hardscape. • Believes the project and hearings have not complied with "public comment guidelines" and is a violation of due process requirements. • Concerned that the code does not adequately address "adjacent property line tree preservation, hazard mitigation, or canopy /drip -line /root infringements" or enforcement of maintenance responsibilities. Concerned about the current and anticipated level of code enforcement practiced by the City of Tigard in this and other areas of the code. Page 3 • Requests the City define its current position on "sustainability ", and the City's participation and "roadmap" to assisting the State of Oregon with its "Renewable Portfolio Standard." • Supports the green roof option and requests the addition of an approval standard "Based on a square footage comparative with the 20 -year canopy of a typical tree or grouping of trees in our region." • Concerned about solar access. Requests solar access protections, including tree height restrictions and sightline protections, to preserve views. (See Volume 5, Page 59). • Believes a more equitable participation by all properties is needed, whether fully developed, under - developed, or undeveloped. (See Volume 5, Page 59). • Requested all development, except low density properties, but treated on a "case -by -case approach to add common - sense" rather than the standards proposed in the recommended draft. (See Volume 5, Page 60). • Requested additional clarification on the effect of the UFCR on Measure 49 waivers, and how property owners would be compensated for any negative financial impact resulting from the UFCR. (See Volume 5, Page 59 • Requested the record be held open. Page 4 " City of Tigard T I G A R D Memorandum To: Mayor Dirksen and Tigard City Council From: Marissa Daniels, Associate Planner Susan Hartnett, Acting Community Development Director Re: Council Follow Up Items from July 24, 2012 Date: July 31, 2012 The list of follow up items from the July 24, 2012 Hearing is divided between three categories — items for clarification, items for further study, and possible changes. Please note that these items will not be addressed until the September 11, 2012 City Council workshop format meeting. Staff is asking that on August 14, 2012, Council further refine the list of items for clarification, further study or possible changes in preparation for September 11. July 24, 2012 City Council Public Hearing Items for clarification: • In the ordinances, the "limit and prohibit uses" language doesn't seem to meet the intent or the spirit of the code revisions Response: This language comes from the state rules, but because it is included as a Whereas clause we could modi6 it to better reflect the Council's direction on the range of options. Staff will recommend alternative ordinance language at the September 11, 2012 meeting. • Is the information available online? Response: Yes. All of the adoption volumes are available at www.tigard- orgov/eir. Information detailing the process and putpose of each meeting and a roadmap to the UFCR adoption documents is also available. • Sustainability of the tree fund: 16,000 trees per year plus three years of early establishment seems like we are overcommitting our resources Response: The city maintains two separate tree planting programs: The Urban Forestry Fund is currently used to plant and provide three years of early establishment for 2 -inch caliper trees planted at schools, parks and along streets through the Tree Canopy Replacement Program (approx. 250 trees peryear). The purpose of the program is to replace trees that were removed with development. The Sanitary Sewer and Stormwater Funds support the separate Community Tree Planting Program. Funds are used for site preparation, planting of small, densely planted tree seedlings and five years of maintenance. The purpose of the Community Tree Planting Program is to restore streamside forests to improve water quality and comply with environmental permit requirements In short, the Urban Forestry Fund will not sustain all of the trees the pity plants annually. Below is a table comparing the programs:: Tree Canopy Replacement Community Tree Planting Program Program Funding Source Urban Forestry Fund Sanitary Sewer Fund Stormwater Fund Funding Amount $150,000 annually $100,000 annually _ Department Community Development Public Works _ Planting Location Prominent public locations like Along streams on city property schools, parks and along streets Number Planted 250 annually 16,000 annually Size of Trees Planted 2 inch caliper trees 1 gallon container seedlings Tracking Method GPS locate each tree GPS locate groups of trees Mai ntenance Period Up to 3 years Up to 5 years Replacement of Trees Removed Improve Water Quality to Comply Program Purpose with Development with Environmental Permit Requirements Items for further study: • How does proposed code vs. existing code affect the property owner who has trees? Response: Staff will use examples at the hearing on September 11, 2012, to help illustrate how current properg owners will be affected by the proposed code. • Is the Urban Forestry Fund a sustainable resource for the city's tree canopy replacement program? • How is the current /past code on solar different than proposal? • Was tree height considered in developing the proposal? • What changes are being proposed that are different from the recently adopted nuisance code? • How would new regulations affect subdivisions versus infill and redevelopment sites? • What are the issues surrounding the use of the Urban Forestry Manual Administrative Rules? Possible changes: • Should the proposal be amended to ensure the Urban Forestry Fund is sustainable? • Should the tree removal requirements within the first two years, or early establishment period, for property owners of new construction be amended? • Should the canopy cover requirements and the tiers be amended? • Should the proposal be amended to consider solar access? • Should tree height restrictions be included in the proposed code? • Should the city amend the proposal to consider hazard trees and insurance requirements? We are available to meet with councilors individually or in groups of two to discuss the UFCR both before and after the August 14, 2012 hearing. If you would like to set up a meeting, please contact Marissa at 503 - 718 -2428 or marissa @tigard- or.gov. AIS -916 B. Business Meeting Meeting Date: 08/14/2012 Length (in minutes): 40 Minutes Agenda Title: Urban Forestry Code Revisions - Discussion of Non Land Use Elements Submitted By: Todd Prager, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Information ISSUE This aspect of the council workshop covers the non land use elements of the Urban Forestry Code Revisions which include tree permit requirements, hazard trees and the Urban Forestry Manual. The purpose of the workshop is to receive the staff report on public testimony, discuss the project with Planning Commission and direct staff on issues of interest for further study or possible code changes. STAFF RECOMMENDATION / ACTION REQUEST Receive the staff report, discuss the project with Planning Commission and direct staff on issues of interest for futher study or possible code changes. KEY FACTS AND INFORMATION SUMMARY On July 24, 2012, City Council held its first public hearing on the Urban Forestry Code Revisions. At that hearing, council received a range of testimony on both the land use and non land use elements of the proposal. The purpose of the August 14, 2012 meeting is to review the public testimony received and direct staff on issues of interest for further study or possible code changes. Staff has summarized the public testimony by topical area and commenting party in an attached memorandum. Staff has also prepared a list of follow up items identified by Council at the July 24 meeting. These are also included in a separate and attached memorandum. The meeting will be held in a workshop format with representatives from the Planning Commission. Public testimony will not be received. At the August 14 meeting: • Mayor opens hearing on land use and non land use elements of the proposal, indicating that public testimony will not be taken. • Staff presents report summarizing public testimony. • Council receives a recommendation from and discusses the proposal with Planning Commission. • Council directs staff on issues for further study or possible changes. • Council will continue the hearing to September 11, 2012. Looking forward, the following is planned for future Council meetings on the UFCR. At the September 11, 2012 workshop: • Public testimony will not be received. • Staff will provide an interactive staff report on issues of interest. • Council will direct staff on any desired code changes to address the issue. At the October 23, 2012 meeting: • Staff will present a report based on council direction from prior meetings. • Public testimony will be taken on any changes under consideration. • Potential council decision to adopt any changes and the entire UFCR package. At the November 27, 2012 meeting: • Time has been reserved to hold a second meeting of identical format, should Council require additional time to adopt any changes and the entire UFCR package. OTHER ALTERNATIVES Council has a wide range of options in the legislative adoption process. Council could also decide not to adopt any changes to the existing codes. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS • Goal 1.b.i. Implement the Comprehensive Plan through code revisions, including tree code. • Comprehensive Plan Goal 2, Section 2. Tigard's Urban Forest. • Urban Forestry Master Plan. DATES OF PREVIOUS CONSIDERATION Council previously considered this matter on the following dates: • February 16, 2010 • October 19, 2010 • November 9, 2010 • November 23, 2010 • January 25, 2011 • July 19, 2011 • January 24, 2012 • July 10, 2012 • July 24, 2012 Fiscal Impact Cost: N/A Budgeted (yes or no): N/A Where Budgeted (department /program): N/A Additional Fiscal Notes: The code amendments contained in the Urban Forestry Code Revisions package do not have a direct impact on the city's revenue and expenditures. Certain fees are proposed to be created and other to be adjusted. These fees, their purposes, and calculation methodologies are contained in the Resolution and its exhibits attached to agenda item 914. The amount of funds collected in the Urban Forestry Fund may be affected by the proposed change from the existing "tree mitigation" fee to the proposed "tree canopy" fee. Attachments Planning Commission Transmittal Memorandum Memorandum Summarizing Public Testimony Memorandum Identifying Council Follow - Up Items I N _ " City of Tigard 1 1G A f: l) Memorandum To: Mayor Dirksen and City Council From: David Walsh, President, Tigard Planning Commission Re: Planning Commission Recommendation - Urban Forestry Code Revisions Date: June 1, 2012 On Monday, May 7, 2012, the Tigard Planning Commission held their fourth and final public hearing on the Urban Forestry Code Revisions (DCA2011 -00002 and CPA2011- 00004), and made a unanimous recommendation that the Tigard City Council approve the amendments to the Tigard Development Code and Comprehensive Plan. If adopted by City Council, these land use amendments will: 1. Establish an equitable framework for the preservation and planting of trees with development; 2. Create a "Significant Tree Groves Map" of Tigard's 70 remaining groves of native trees; and 3. Provide voluntary, flexible and incentive based standards to facilitate tree grove preservation. While the commission's formal recommendation to council is limited to the land use elements of the proposal, the commission also reviewed proposed changes to the Tigard Municipal Code and the new Urban Forestry Manual. Based on our review, the commission finds these proposals are consistent with and supportive of the recommended land use elements. For example, the proposal will allow significantly more flexibility for future property owners to appropriately manage trees that were planted or preserved with development. The Urban Forestry Code Revisions were developed through a robust public involvement process, which included diverse stakeholders such as developers, arborists and natural resource advocates. These stakeholders served on a citizen advisory committee (CAC) that reached unanimous consensus on a set of guiding principles which have consistently informed the project's development and decision making processes. Although the commission made several amendments to the proposal forwarded by the CAC, we did so in a way that preserved the underlying intent of the CAC's guiding principles. The Planning Commission devoted more than 10 hours to the public hearings and Commission discussion of this important issue, more time than any other topic in my tenure on the commission. Much of the discussion during the public hearing process centered on the flexible and incentive based tree canopy requirements that will be applied to development projects. This innovative approach to managing the urban forest is a major change from the existing mitigation approach to managing trees on development property. By eliminating the punitive tree mitigation requirements, I believe that the CAC, staff and the commission clearly delivered on one of the important goals established by council when initiating the effort to revise the Urban Forestry Code. At the heart of these recommended regulations is a requirement to provide a certain amount of future tree canopy and optional ways to meet them through preserving or planting trees. The commission supports this approach because it treats property owners equitably rather than placing greater requirements on properties with trees than those without trees. The commission thoroughly reviewed, tested and adjusted the tree canopy requirements to ensure they balance community desires for trees, open space and development as expressed in past planning processes. Finally, the commission recommends that an evaluation of these new regulations occur within five years of their effective date so that any necessary adjustments can be made in a timely manner. The Planning Commission is very pleased to forward our recommendation on these new land use regulation and feels strongly that this comprehensive package achieves the goals council initially set out for this effort. Our review process has included careful attention to the public input and fine tuning that assures a well- balanced outcome. We look forward to your adoption process and the implementation of this new approach to urban forestry in Tigard. Don Schmidt and I hope to have an opportunity to share our thoughts in more detail at the council's initial hearing. " City of Tigard TIGARD Memorandum mob, .ter MIS To: Mayor Craig Dirksen and Tigard City Council From: John Floyd, Associate Planner Re: UFCR Testimony Received at July 24, 2012 Public Hearing Date: July 31, 2012 The purpose of this memorandum is to summarize testimony submitted to Council at the July 24th public hearing. This testimony was delivered both orally and in writing. Two individuals submitted oral testimony (Justin Wood & Ken Gertz), one submitted both oral and written testimony (Robert Ruedy), and one person submitted written testimony only (John Frewing). Staff has summarized these comments by subject and person. Where the author cites or repeats prior testimony submitted to the Planning Commission, staff has provided references to background materials provided in Volume V of the Urban Forestry Code Revisions Project materials. This summary is only intended to highlight major themes of the testimony in order to facilitate deliberation, and is not intended to replace or supplant the full text of the received testimony. Copies of the written comments have been provided to the council and placed in the project record, which will be available for council reference at all meetings. TOPICAL COMMENT SUMMARY Land Use Related Items: • Should Council reduce the number of scheduled meetings to consider the amendments? • Has public noticing and participation been sufficient to meet state and local requirements? • Should the ESEE be applied to the entire Urban Forestry Program? • Should contents of Urban Forestry Manual be transferred out of administrative rules and into the community development code? • Have ODFW comments been sufficiently incorporated? • Should density reductions for tree grove protections consider the impact on needed housing estimates? Page 1 • Should the City amend minimum parking requirements for the purpose of reducing hardscape on lots? • Are present levels of code enforcement sufficient? • Is the project compliant with Measure 49? • Should clear - and - objective standards be created for green roofs? Non -Land Use Related Items: • Should minimum canopy percentages be adjusted? • Should arborists or landscape architects be required in all development situations? Can this be waived in certain situations through pre- approved standards? • Should the tow year maintenance responsibility for developers be amended? • Should the tree plan amendment process for new homeowners be amended to better allow for personalization of the property after sale? • Should the number of required arborist visits during construction be amended? • Should mitigation requirements be amended? • Should the City adopt solar access protection ordinances? If so, should this include tree height restrictions and viewshed protections? • Are present levels of code enforcement sufficient? • Should the City define its position on sustainability as part of this project? • Does the project adequately address tree issues that may emerge between neighboring properties? • Should canopy standards be replaced by a "case -by- case" system? • Are the requirements contained within the UFCR equitably distributed? TESTIMONY IN FAVOR OF THE PROJECT Justin Wood, Home Builders Association Verbal Testimony • In general supports the overall project and revised code as a significant improvement over current practices. "Does a good job of encouraging preservation through incentives as opposed to penalties." • Believes canopy goal of 40% was too high for low density residential. Proposes a "test" period with a 25% minimum standard to evaluate the new approach over a five year period. • Believes arborist involvement could be reduced in certain circumstances • Use of pre- approved species and standards for installation of street trees • Reduction of arborist visits during construction from every two weeks to before /after construction. • Requests developers be relieved from two year responsibility for establishment of trees once a property has been sold. • Needed housing studies should take into account potential density reductions resulting from tree grove protection incentives. Page 2 Ken Gertz Verbal Testimony • "Total proponent" of the UFC, better than existing code, likes the flexibility it provides and sees it as a "great step forward." • Supports keeping the Urban Forestry Manual out of the Community Development Code. Supports the use of the Tree Manual as a submittal requirement, not approval criteria, and opposed John Frewing's request that the contents of the manual be incorporated into the development code. • Recommends a reduction in minimum canopy cover to 30 %. • Requests developers be relieved from two year maintenance requirement after sale of home. • Stated homeowners should be allowed to change /remove trees included on tree plan. • Requests the elimination of existing tree plans from smaller lots. • Requests developers be released from obligation to maintain after sale to homeowner. TESTIMONY OPPOSING THE PROJECT John Frewing Written Testimony (56 Pages) • Believes general public does not have a tolerance for multiple meetings on separate topics. • Believes OAR660- 023- 0250(3)(a) requires an ESEE for entire Urban Forestry Program, and not just tree groves. • Believes Oregon land use regulations require the Urban Forestry Manual to be part of Development Code. • Believes ODFW comments have been not been sufficiendy incorporated. • Resubmitted written testimony provided to the Planning Commission on February 6, 2012; April 16, 2012; and May 7, 2012, and comments for the Citizens Advisory Committee dated January 12, 2011; January 20, 2011; and September 14, 2012 regarding the Citizen Advisory Committee. See Volume V, pages 5 -19, 27 -42, and 64 -69 for staff responses and background on the Planning Commission's deliberations on these topics. Robert E. Ruedy Verbal and Written Testimony (11 Pages) • "Can't get behind it." • Requests a reduction in parking requirements to allow for a reduction in hardscape. • Believes the project and hearings have not complied with "public comment guidelines" and is a violation of due process requirements. • Concerned that the code does not adequately address "adjacent property line tree preservation, hazard mitigation, or canopy /drip -line /root infringements" or enforcement of maintenance responsibilities. Concerned about the current and anticipated level of code enforcement practiced by the City of Tigard in this and other areas of the code. Page 3 • Requests the City define its current position on "sustainability ", and the City's participation and "roadmap" to assisting the State of Oregon with its "Renewable Portfolio Standard." • Supports the green roof option and requests the addition of an approval standard `Based on a square footage comparative with the 20 -year canopy of a typical tree or grouping of trees in our region." • Concerned about solar access. Requests solar access protections, including tree height restrictions and sightline protections, to preserve views. (See Volume 5, Page 59). • Believes a more equitable participation by all properties is needed, whether fully developed, under- developed, or undeveloped. (See Volume 5, Page 59). • Requested all development, except low density properties, but treated on a "case -by -case approach to add common- sense" rather than the standards proposed in the recommended draft. (See Volume 5, Page 60). • Requested additional clarification on the effect of the UFCR on Measure 49 waivers, and how property owners would be compensated for any negative financial impact resulting from the UFCR. (See Volume 5, Page 59 • Requested the record be held open. Page 4 1 ,11 _ " City of Tigard R D Memorandum To: Mayor Dirksen and Tigard City Council. From: Marissa Daniels, Associate Planner Susan Hartnett, Acting Community Development Director Re: Council Follow Up Items from July 24, 2012 Date: July 31, 2012 The list of follow up items from the July 24, 2012 Hearing is divided between three categories — items for clarification, items for further study, and possible changes. Please note that these items will not be addressed until the September 11, 2012 City Council workshop format meeting. Staff is asking that on August 14, 2012, Council further refine the list of items for clarification, further study or possible changes in preparation for September 11. July 24, 2012 City Council Public Hearing Items for clarification: • In the ordinances, the "limit and prohibit uses" language doesn't seem to meet the intent or the spirit of the code revisions Response: This language comes from the state rules, but because it is included as a Whereas clause we could modift it to better reflect the Council's direction on the range of options Staff will recommend alternative ordinance language at the September 11, 2012 meeting. • Is the information available online? Response: Yes. All of the adoption volumes are available at www.tigard- orgov /ufcr. Information detailing the process and purpose of each meeting and a roadmap to the UFCR adoption documents is also available. • Sustainability of the tree fund: 16,000 trees per year plus three years of early establishment seems like we are overcommitting our resources Response: The city maintains two separate tree planting programs. The Urban Forestry Fund is currently used to plant and provide three years of early establishment for 2 -inch caliper trees planted at schools, parks and along streets through the Tree Canopy Replacement Program (approx. 250 trees peryear). The purpose of the program is to replace trees that were removed with development. The Sanitary Sewer and Stormwater Funds support the separate Community Tree Planting Program. Funds are used for site preparation, planting of small, densely planted tree seedlings and five years of maintenance. The purpose of the Community Tree Planting Program is to restore r 4 streamside forests to improve water quality and comply with environmental permit requirements. In short, the Urban Forestry Fund will not sustain all of the trees the czty plants annually. Below is a table comparing the programs: • Tree Canopy Replacement Community Tree Planting Program Program Funding Source Urban Forestry Fund Sanitary Sewer Fund Stormwater Fund Funding Amount $150,000 annually $100,000 annually Department Community Development Public Works Planting Location Prominent public locations like Along streams on city property schools, parks and along streets Number Planted 250 annually 16,000 annually Size of Trees Planted 2 inch caliper trees 1 gallon container seedlings Tracking Method GPS locate each tree GPS locate groups of trees Maintenance Period Up to 3 years Up to 5 years Replacement of Trees Removed Improve Water Quality to Comply Program Purpose with Development with Environmental Permit Requirements Items for further study: • How does proposed code vs. existing code affect the property owner who has trees? Response :: Staff will use examples at the hearing on September 11, 2012, to help illustrate how current properly owners will be affected by the proposed code. • Is the Urban Forestry Fund a sustainable resource for the city's tree canopy replacement program? • How is the current /past code on solar different than proposal? • Was tree height considered in developing the proposal? • What changes are being proposed that are different from the recently adopted nuisance code? • How would new regulations affect subdivisions versus infill and redevelopment sites? • What are the issues surrounding the use of the Urban Forestry Manual Administrative Rules? Possible changes: • Should the proposal be amended to ensure the Urban Forestry Fund is sustainable? • Should the tree removal requirements within the first two years, or early establishment period, for property owners of new construction be amended? • Should the canopy cover requirements and the tiers be amended? • Should the proposal be amended to consider solar access? • Should tree height restrictions be included in the proposed code? • Should the city amend the proposal to consider hazard trees and insurance requirements? We are available to meet with councilors individually or in groups of two to discuss the UFCR both before and after the August 14, 2012 hearing. If you would like to set up a meeting, please contact Marissa at 503 - 718 -2428 or marissa @tigard- or.gov. City of Tigard TIGARD Urban Forestry Code Revisions The following is the updated tentative schedule for the Urban Forestry Code Revisions: Meeting Date Meeting Type Meetin. Purpose • Staff report summarizing public testimony from July 24th public hearing. Council Public Hearing • Recommendation from and discussion with Planning Aug 14, 2012 (workshop format) (no public testimony) Commission; and • Council direction to staff on issues of interest for further study or possible code changes. Council Public Hearing • Interactive staff report on issues of interest; and Sep 11, 2012 (workshop format) • Council direction to staff on possible changes. (no public testimony) • Staff report based on council direction from prior meeting; Oct 23, 2012 Council Public Hearing • Public testimony on any changes under consideration; and (public testimony) • Potential council decision on adoption of any changes and entire package. Nov 27, 2012 Council Public Hearing • Additional meeting in similar format as previous meeting if (public testimony) needed. SUPPLEMENTAL PACKET FOR \' /1f /aoi (DATE OF MEETING) -4 AIS -964 Jr , Business Meeting Meeting Date: 08/14/2012 Length (in minutes): 10 Minutes Agenda Title: Initiate the Transfer of Jurisdiction of Certain County Roads to the City of Tigard Prepared For: Brian Rager Submitted By: Brian Rager, Public Works Item Type: Resolution Meeting Type: Council Business Meeting - Main Information ISSUE Should the council adopt a resolution initiating the transfer of jurisdiction of segments of SW Barrows Road, SW Friendly Lane, SW Roshak Road, SW Bull Mountain Road and SW 113th Avenue to the city? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council adopt the resolution. KEY FACTS AND INFORMATION SUMMARY On March 20, 2012, the council approved an intergovernmental agreement (IGA) with Washington County related to the River Terrace annexation. The IGA covered delegation of planning and development authority, coordination and financial support of the Community Plan and jurisdiction of certain roadways. The agreement specifically obligated the city to assume jurisdiction of the following segments of county roadways: • The southeastern half of Barrows Road from Scholls Ferry Road to Walnut Street • Friendly Lane, from Roy Rogers Road to the Tigard city limits • Roshak Road, from Roy Rogers Road to the Tigard city limits • Bull Mountain Road, from Pacific Highway to Benchview Terrace • SW 113th Avenue, south of Durham Road ORS 373.270 provides a mechanism to transfer jurisdiction of a county road within city to a city. The process begins with council action requesting that Washington County transfers jurisdiction. The attached resolution would serve as the council's formal request. OTHER ALTERNATIVES The council could choose to not initiate action to transfer jurisdiction of the above - mentioned roadway segments. However, such action would be in direct conflict with the terms of the River Terrace IGA approved by council in March 2012. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS None DATES OF PREVIOUS CONSIDERATION The transfer of jurisdiction of various roads was discussed when the council considered the River Terrace IGA on March 20, 2012. The council unanimously approved the IGA. Fiscal Impact Cost: None* Budgeted (yes or no): N/A Where Budgeted (department /program): N/A Additional Fiscal Notes: There are no direct costs associated with the transfer of jurisdiction. *With the adoption of the resolution, the city will incur on -going street maintenance costs for these roadway segments. Actual street maintenance costs are estimated around $140,000 per year. In accepting jurisdiction for the streets, the city does not recieve additional revenue to pay for the additional maintenance cost. The roadway segments would be added to the Pavement Maintenance Program that is funded by the street maintenance fee. When the street maintenance fee is next updated, the additional maintenance of these streets will be considered in the calculation. Attachments Resolution Exhibits A & B - Road Transfer Descriptions and Maps is CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12- A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF CERTAIN COUNTY ROADS (SEGMENTS OF SW BARROWS ROAD, SW FRIENDLY LANE, SW ROSHAK ROAD, SW BULL MOUNTAIN ROAD AND SW 113 AVENUE) WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD WHEREAS, ORS 373.270(6) provides a mechanism to transfer jurisdiction of a county road within a city to a city; and WHEREAS, the following segments of county roads fall within the city limits of Tigard: • The easterly portion of SW Barrows Road right -of -way • SW Friendly Lane, from Roy Rogers Road to the Tigard city limits • SW Roshak Road, from Roy Rogers Road to the Tigard city limits • SW Bull Mountain Road, from Pacific Highway to SW Benchview Terrace • SW 113t Avenue, south of Durham Road; and WHEREAS, the City of Tigard, by way of an intergovernmental agreement with Washington County related to the River Terrace annexation, agreed to acquire jurisdiction over the above - mentioned segments to the same extent as it has over other public streets within the city. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby requests that the Commissioners of Washington County, Oregon transfer jurisdiction of those segments of SW Barrows Road, SW Friendly Lane, SW Roshak Road, SW Bull Mountain Road and SW 113 Avenue, described and depicted in Exhibits "A" and `B" attached hereto, to the City of Tigard. SECTION 2: The aforementioned request is to be granted or denied by the Commissioners of Washington County within one year of the execution of this Resolution. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2012. Mayor - City of Tigard A'1'VEST: City Recorder - City of Tigard RESOLUTION NO. 12- Page 1 AIS -956 6. Business Meeting Meeting Date: 08/14/2012 Length (in minutes): 20 Minutes Agenda Title: Accept the Final Report of the Tigard High Capacity Transit Land Use Plan - Resolution Submitted By: Judith Gray, Community Development Item Type: Resolution Meeting Type: Council Business Meeting - Main Information ISSUE Council is asked to approve a resolution accepting the final report of the Tigard High Capacity Transit Land Use Plan. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends council approve the resolution. KEY FACTS AND INFORMATION SUMMARY On May 15, 2012, council received a presentation of the Tigard HCT Land Use Plan showing the final recommendation of the appointed Citizens Advisory Committee. At that time, council directed staff to finalize the report and prepare a resolution accepting the final report for the purposes of: 1. informing future planning activities, including the Southwest Corridor Plan; 2. acknowledging the work and recommendation of the Citizens Advisory Committee (CAC); and, 3. fulfilling the obligations of the Intergovernmental Agreement with the funding agency, Oregon Department of Transportation (ODOT), and planning partner, Metro. A memorandum (Attachment 1) briefly expands on the project process. Approval of the resolution will not directly change any Tigard policies, nor will it obligate the City of Tigard to any specific projects or plans. Potential implementing actions will require future budgeting and legislative action by council. In preparing the final report, the following changes were made to the draft report: • The acknowledgment page was amended to include additional city staff. • Four 1 -page summaries were added to the description of the four station community "types." • Clarifying edits were made to the section on policy analysis at the request of the ODOT contract manager. These changes clarify the requirements and procedures for assessing regional and state policy compliance. They do not alter the concepts presented in the land use plan. OTHER ALTERNATIVES Council could choose not to approve the resolution; or to approve the resolution with changes. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Goal 1.b.ii. Contribute to the Southwest Corridor Plan by adopting Tigard's land use policies and designations and identifying priorities for high- capacity transit (HCT) station location alternatives by mid -2012. Goal 1.b.ii.1. Develop the economic development opportunities, development plan, city policies and regulations needed to position the Tigard Triangle as an HCT station location. Long Term Goal. Continue pursuing opportunities to reduce traffic congestion. Long Range Objective - Tigard citizens are involved in the community and participate effectively. DATES OF PREVIOUS COUNCIL CONSIDERATION January 18, 2011 April 26, 2011 July 19, 2011 November 18, 2011 May 15, 2012 Attachments Memorandum Resolution Exhibit A Final HCT Land Use Plan Report. Volume 1 Presentation • City of Tigard TIGARD M emorandum To: Mayor Dirksen and Members of the City Council From: Judith Gray, Senior Transportation Planner Re: Resolution accepting the High Capacity Transit Land Use Plan Final Report Date: July 31, 2012 At the May 15, 2012 City Council and Planning Commission joint work session, city staff and the consultant for the High Capacity Transit (HCT) Land Use Plan presented the Citizen Advisory Committee (CAC) recommended concepts for several areas in Tigard, with consideration of potential future station communities. Council directed staff to finalize the report and return with a resolution for council action. How We Got Here The HCT Land Use Plan is the result of more than 18 months of planning involving hundreds of hours of work and conversation among advisory committees and Tigard citizens, city staff and agency partners, and the project consultant team. An emphasis of the effort was to hear from Tigard's citizens regarding the types of neighborhood characteristics that are the best fit for Tigard. A summary of public involvement activities and community values is attached. The public input addressed these broad questions: • Where does the community feel that future growth can be accommodated? • What neighborhood characteristics are right for each location? • What kinds of improvements are needed to make each area successful? The technical expertise of the consultant team and staff advisors was aimed at translating these community values and aspirations into Station Community Concepts. These concepts include high level elements such as the mix and relationship of residential and employment land uses, locations of potential street connections, park or open space amenities, and other neighborhood design elements. These are intended to remain conceptual, and their enactment will depend on future implementation actions (including more detailed targeted planning), funding and market conditions, and actual development proposals. Next Steps A "Next Steps" summary is attached, which shows the progress of the final report. After acceptance of the HCT Land Use Plan, staff will begin identifying potential implementation measures. Potential measures will be prioritized based on input from City Council and Planning Commission goals and priorities, available staff and professional service resources; and coordination with other relevant local and regional efforts, including the Southwest Corridor Plan. Examples of potential implementation measures include: 1 • District planning for the Tigard Triangle; • Comprehensive plan and zoning map amendments (new land use designations); • Amendments to Tigard Transportation System Plan (TSP); • Expansion of the Downtown Tigard Town Center boundaries; • Planning for new parks or open spaces; • Community Development Code Changes; and, • Funding strategies such as tax increment financing, modified system development charges (SDC's), or business improvement districts (BID). Final Report The full report consists of three volumes comprising several hundred pages. Volume 1 is the shortest of the three volumes and contains the substance of the project recommendations; only Volume 1 is included in the resolution. Volumes 2 and 3 both contain technical background materials that were used to prepare the recommendations. They are not part of the resolution, but are provided because they may be useful for future reference. Because of their size (approximately 400 pages), and the background nature of their content, individual copies are not intended for wide distribution; however the information is being maintained for public record and for future reference. 2 I I Tigard HCT Land Use Plan TIGARD Public Involvement Summary High Capacity Transit Land Use Plan Mobility, Prosperity and Choice Throughout the High Capacity Land Use Plan process we have In short, what we have heard is that received significant and incredibly valuable input from the community. we come from different backgrounds, We have heard a variety of thoughts, some quite different from others and have different needs, but we share and yet, some common themes have emerged. some common values and visions for our community. What We've Heard / Many things are working and ► Natural areas are vital and ► We want mobility. people want to preserve them, more are needed. The ability to get around easily like the existing residential whether by car, bus, foot or bicycle. neighborhoods. ► People want areas with a sense of identity and that are ► We want prosperity. ► People want communities destinations. A community where all of our people where they feel safe getting / People want easier access can comfortably live, work and play around on foot, bike, transit to local businesses and and where the built and natural and in cars. environments encourage, rather restaurants. than inhibit, economic development. ■ Some of our busiest roads /There is a need for public (Pacific Highway /99W, Highway 217, Interstate -5, transportation improvements I. We want choice. Scholls Ferry Road) are in all areas, not just along Opportunities to live in different valued, but are also viewed as Pacific Highway /99W. types of housing based on our barriers to livability. personal needs, depending on our comfort level and the stage of life we may be in. Beaverton of : W hington aa• 1 County *of sW scha�la F y v to. ` Portland ®�+f • © f Tigard s W Walnut St. � , L,.�,_ �s`os Clackamas County 11m 111111 10 l y ! j4 Lake Oswego .. - } -te ..nra...:.� .�.,,(L SW McDonald St. s., Washington swaednne I f, lei County a �,... — 1 r SW Durham Rtl. \s ul,/ j King City © ��1� residents review plans at the project design Tigard resld ew pla a prole n g Durham workshop held in May 2011. Photo by Doug Vorwaller. Public Involvement Summary ACTIVITY DESCRIPTION PARTICIPANTS Stakeholder Interviews Staff conducted one -on -one interviews with project stakeholders. 45 HCT Land Use Council- appointed citizen's committee served in an advisory role throughout planning 13 Citizen's Advisory Committee process, five meetings held. Cityscape Articles Articles appeared in eight city newsletters providing project information and updates. Citywide distribution Project Newsletters Electronic newsletters distributed through Community Development Listsery provided 141 members project updates and ways for citizens to get involved. (as of 4/1/2012) Planning Ahead Articles with project updates; distributed through Community 141 members Newsletter Article Development Listsery and at community events. (as of 4/1/2012) Project Website Website includes reports, articles, and videos /meeting summaries from CAC 2,515 hits meetings. (as of 4/1/2012) Website comments Comments received from online feedback form. 17 PROJECT SPONSORED EVENTS 34 afternoon participants Afternoon participants used interactive mapping tool to describe station communities (TAC) Design Workshop(s) they would like to see. More "low tech" sketching tools were used in the evening, for the same task. 36 evening participants HCT Land Use Plan Open House Metro facilitated separate discussions with Tigard & Summerfield stakeholders. 35 Discussion Groups Metro facilitated separate discussions with Tigard & Summerfield stakeholders. 20 Tigard Connections Team Open event at Tigard Public Library to engage community members in SW Corridor 21 Kickoff Event Plan participation. OUTSIDE EVENTS Tigard Balloon Festival A table was staffed to provide project information to festival participants and to — solicit ideas and feedback. Tigard Area Farmer's Market A table was staffed to provide project information to market participants and to — solicit ideas and feedback. City Center Advisory Commission Staff presentation and committee discussion. 9 Pedestrian and Bicycle Subcommittee of the Tigard Transportation Staff presentation and subcommittee discussion. 8 Advisory Committee CPO 4K (King City and Vicinity) Staff presentation and question and answer session with community planning 20 Presentation organization. CPO 4M (Metzger) Staff presentation and question and answer session with community planning 7 Presentation organization. King City Council Meeting Staff presentation and question and answer sessions with elected officials and 15 Presentation public. Summerfield Coffee Discussion Staff presentation and question and answer session with community members. 13 Tualatin Planning Commission Staff presentation and question and answer session with planning commissioners 9 Presentation and public. N•% HCT Land Use Plan — Next Steps TIGARD Small Group Sessions Joint Workshop — CC & PC Council Action Implementing Actions April 30 — May 10 May 15 August 2012 Next 3 -24 Months Review /Clarify Draft Report Final Report Staff and Planning Commission Meeting with staff to review Consultant presentation of Staff will present a revised report, Staff will work with the planning project, draft report and next steps. HCT Land Use Plan concepts. incorporating City Council and commission to identify and refine Planning Commission input. specific land use and transportation amendments needed to achieve the Purpose Purpose station community concept(s). ► Understand the report. ► Present community concepts Purpose ► Understand what is being developed through the HCT ►City Council will be asked to Potential Implementing Actions asked of City Council and Land Use process. approve a resolution "accepting Planning Commission. ►Explain how the concepts the Final Concepts to inform ► New land use designations for address community values future implementation potential station communities ► Identify clarifying questions. actions and further Tigard's and other areas. and priorities. participation in the Southwest ► Triangle master planning (TGM ► Discuss potential implementing Corridor Plan." Suggested Focus Questions actions and policy changes. application). ► City Council will be asked for ► Development code changes. 1. Does the plan reflect ► Receive input from Council and direction on implementing p g community values? Planning Commission to finalize actions to further Tigard ► New parks and open spaces. 2. Are you comfortable accepting the report. priorities with based on the ► TSP amendments. this plan as a guideline to Concepts in the HCT Land implementing actions? Use Plan. ►Complete Main Street Green 3. What additional items should Street. we pay attention to as we ► Adopt Downtown Connectivity/ move into implementing Implementation Plan. actions? ► Implement new funding strategies. City of 1 ` Respect and Care 1 Do the Right Thing 1 Get it Done Tigard HIGH CAPACITY TRANSIT LAND USE PLAN C oncepts for Potential S tation Communities Presented to City Council 111 August 2012 TIGARD City of Tigard Requested Council Action / Resolution accepts the final report CITY °F TIGARD CONCEPTS FOR POTENTIAL STATION COMMUNITIES FINAL REPORT Item 1 of 3 city of Tigard How we go t here ,.....„ 1 I ••• ..* - 11.1. _ ■ - nrip"-im 1 ''''''-' - . - •:. .' • it.g/fiti ,' , . , , -- . .•.s,.,-...' /4140 " , iiV..,...-.-...- •- ' IP '''' , . ,, -..... . - 111* to 4 . ._.- . . ... ......... ..fr P MI i m .. C , . .r 111 ,;.. .......... . .-..,.. .....„,....,__ . , ...... .*: )IIIh II el' .....---- . ,. -.. .....- ■ .... . MO rvill' 0.- . • ..,....„. • - 111 City of Tigard How we g of here CO fflflu flthjfrflS( t 1L 1 ake Commis sion — f re e�ren fiy ; r ' ti ,,; , .� Cotail deeIo 6'6 Rie "d me fourth un' Directol Mnaer, P 5 MIA a rUI tana ma goals i SU • k '1 G� O Pro , �. At t a o 0, St iClC _ f' service v 4- d Reke Rte - a+Ro /64 r„ ... see w� Square e►untrz (ii r m �:, Y t o- r F °— p lace s C5 CS �.�, �'ateme� �� fd' a ?.k'trio orris;` efs • -, City of Tigard Community Concepts .2 4 , ,...... , ,,., 4 „,.., •.. >� p ' �, $ 6� f sw s end a ,cir. 0 p h, Ai, 1 t '� A, . F. � ... ' I gam* ai. �70,,,— R 4 AI — . ,, 1 • i ,; ? aW SW McDonald sr • ira ..„ . Y � e • . , y sw Banda Rd. i ,ark: , 'I 1 w r : ., "IL "" ii 7 �a..ar...w..+ SW Durham Rd r .t City of Tigard HCT Land Use Plan — Next Steps Small Group Sessions Joint Workshop - CC & PC Council Action Implementing Actions April 30 - May 10 May 15 August 2012 Next 3 -24 Months Review /Clarify Draft Report Final Report Staff and Planning Commission Meeting with staff to review Consultant presentation of . Staff will present a revised report. Staff will work with the planning project, draft report and next steps. HCT Land Use Plan concepts. incorporating City Council and commission to identify and refine Planning Commission input. specific and use and transportation amendments needed to achieve the Purpose Purpose station community concept(s). ■ Understand the report. ■ Present community concepts Purpose ■ Understand what is being developed throu the HCT ► City Council wit be asked to Potential Implementing Actions asked of City Council and Land Use process. approve a resolution "accepting Planning Commission. ►Explain how the concepts the Final Concepts to inform ■ New land use designations for address Community values future implementation potential station communities ■ identify clarifying questions. actions and further Tigard's and other areas. and priorities. participation in the Southwest ■ Triangle master planning (TGM ■ Discuss potential implementing Corridor Plan." application). Suggested Focus Questions actions and policy changes. 1 City Council will be asked for ■ Development code changes. 1. Does the plan reflect ■ Receive Input from Council and direction on implementing community values? Planning Commission to finalize actions to further Tigard ■ New parks and open spaces. 2. Are you comfortable accepting the report. priorities with based on the ■ TSP amendments. this plan as a guideline to Concepts in the HCT Land implementing actions? Use Plan. ►Complete Main Street Green Street. 3. What additional items should we pay attention to as we ■ Adopt Downtown Connectivity/ move into implementing Implementation Plan. actions? ■ Implement new funding strategies. City of Tigard Requested Council Action k Resolution accepts the final report • Acknowledge the CAC arY CIF TIGARD ONCEPTS FOR POTENTIAL recommendation COMMUNITIES rxC+-resuac� . • Fulfill the IGA obligation \L REPORT V 1 H 3 • Inform local planning • Participate in SW Corridor Plan