City Council Packet - 01/19/1993
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CITY OF TIGARD I
OREGON
AGENDA
a
PUBLIC NOTICE: Anyone wishing to speak on an
' agenda item should sign on the appropriate sign-up
sheet(s). If no sheet is available, ask to be
{ ~f.s recognized by the Mayor at the beginning of that
agenda item. Visitor's Agenda items are asked to be
;v.,o minutes or less. Longer matters can be set for
a future Agenda by contacting either the Mayor or
the City Administrator.
Times noted are estimated; it is recommended that persons interested in testifying be present by
7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda Items can be heard In any
order after 7:30m.
• STUDY SESSION (6:30 PM)
1. BUSINESS MEETING (7:30 PM)
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
3. COUNCIL CONSIDERATION: RESOLUTION FORWARDING TO TIGARD VOTERS THE
REQUEST FOR APPROVAL OF ISSUANCE OF GENERAL OBLIGATION BONDS TO FUND
THE PURCHASE, RENOVATION, AND EQUIPMENT OF A COMMUNITY CENTER
(COMMERCIAL STREET FIRE STATION)
• Staff Report: City Administrator
COUNCIL AGENDA - JANUARY 19, 1993 - PAGE 1
Council Agenda Item 311
T I G a R D C I T Y C O U N C I L
MEETING MINUTES - JANUARY 19, 1993
• Meeting was called to order at 6:30 p.m. by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy
Fessler, Wendi Conover Hawley, Paul Hunt, and John Schwartz.
Staff Present: Patrick Reilly, City Administrator; John
Acker, Associate Planner; Wayne Lowry, Finance Director; Ed
Murphy, Community Development Director; Liz Newton, Community
Relations Coordinator; Tim Ramis, Legal Counsel; and Catherine
Wheatley, City Recorder.
STUDY SESSION
• STUDY SESSION
Washington County Commissioner Roy Rogers met with City
Council. He updated and discussed with Council the
following:
> County jail is at capacity; in Fall of 193, County
will ask voters to expand present facility.
> WCCLS (Library Cooperative) will have measure on
March ballot for funding.
> Social services as State dollars become less
available for funding of County programs, local
governments will be asked more frequently to help
people in need of care within our own communities.
> Annexation: County position on annexation is
neutral. Cities should remain the provider of
urban services. During discussion, concerns were
noted from both the County and City perspective on
annexation.
> It was suggested that the Council and County Board
meet to discuss issues of mutual concern.
> Metzger Park Local Improvement District - Tigard's
request for withdrawal consideration will be
reviewed by the county in the near future.
> Item to follow: Tri-Met is preparing a strategic
plan and attempting to incorporate land use with
transportation systems in the region. Other
elements of the strategic plan were outlined.
CITY COUNCIL MEETING MINUTES - JANUARY 19, 1993 - PAGE 1
P> Unified Sewerage Agency: Effluent to Tualatin
River is cleaner than the river yet river is still
not to DEQ standards. The river creates a natural
phosphorous level; this issue unresolved at this
time.
> State Legislature convening; Tigard will offer to
coordinate communication for local government
issues again this session.
BUSINESS MEETING
2. VISITOR'S AGENDA: No visitors
3. COUNCIL CONSIDERATION: RESOLUTION FORWARDING TO TIGARD VOTERS
THE REQUEST FOR APPROVAL OF ISSUANCE OF GENERAL OBLIGATION
BONDS TO FUND THE PURCHASE, RENOVATION, AND EQUIPMENT OF A
COMMUNITY CENTER (COMMERCIAL STREET FIRE STATION)
a. City Administrator summarized this agenda item. Council
at their January 5, 1993 meeting approved a motion to
place a general obligation bond issue on the March
ballot. He advised that the draft measure increased the
amount approved by Council on January 5 from $600,000 to
$650,000. The added amount is for street improvements on
Commercial Street which are estimated at $60,000. He
also reviewed some minor wording changes to the ballot
( measure.
b. In response to questions from Councilor Fessler, Finance
Director advised that $30,000 is the estimated cost of
issuance of bonds. These fees will come directly out of
the proceeds.
Brief discussion followed. The exact type of bond (in
response to question from Councilor Schwartz) can be
decided upon if and when voters approve the measure.
C. RESOLUTION NO. 93-01; A RESOLUTION OF THE TIGARD CITY
COUNCIL CALLING FOR AN ELECTION TO BE HELD ON MARCH 23,
1993, IN CONJUNCTION WITH THE SPECIAL COUNTY-WIDE
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
REGISTERED, QUALIFIED VOTERS OF THE CITY OF TIGARD THE
QUESTION OF ISSUING GENERAL OBLIGATION BONDS TO PURCHASE,
RENOVATE AND EQUIP A COMMUNITY CENTER.
d. Motion by Councilor Fessler, seconded by Councilor
Scwhartz, to adopt Resolution No. 93-01 as presented with
the amendment that the dollar amount be increased to
$660,000.
The motion passed by a unanimous vote of Council present.
CITY COUNCIL MEETING MINUTES - JANUARY 19, 1993 - PAGE 2
- - -
e. Councilor Schwartz recalled that the cost of the election
( (estimated at $5,000) would be shared through private
donations in a fund-raising effort.
f. Mayor Edwards advised that he thinks the Community Center
is a worthwhile project and he was hopeful the Cit_v of
Tigard voters will support the effort.
4. COUNCIL DISCUSSION: REVIEW OF PROGRESS ON THE RESTRUCTURING
OF THE CITY'S BOARDS AND COMMITTEES
• Community Involvement Coordinator facilitated
conversation on Board and Committee restructuring.
Council consensus: The next step is to prepare a
specific program for review by council and input from
citizens. The program will contain specifics on
geographic boundaries, the structure, the
responsibilities of the Citizen Involvement Teams (CITs)
and the city, and a component on land use issues.
Council agreed to the concept of modifying the role of
Solid Waste Advisory Committee and Park & Recreation
Board standing committees. Library Board would remain as
a standing committee; however, a review of
responsibilities would be conducted. It may be better to
have a Task Force formed as needs come up for solid waste
or park & recreation planning.
A Board and Committee Chair meeting will be called to
discuss restructuring ideas up to this point. Next time
on Council Agenda: March 193
5. NON-AGENDA ITEMS
• Jon Kvistad, Metro Councilor, briefly updated Council on
Metro activity. His discussion included:
• Overview of 2040 visioning process
• Implementation ramifications of new Charter
• Tri-Met's strategic plan which includes land
use functions
• Billboards: Councilor Fessler brought up the question of
billboards, noting the recent press coverage in the
Tigard Times. After brief discussion, Council
acknowledged this issue was going before the Planning
Commission; therefore, no Council review would be
scheduled until the Commission made a recommendation.
6. EXECUTIVE SESSION: The Tigard City Council went into
Executive session at 9:25 p.m. under the provisions of ORS
192.660 (1) (d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
CITY COUNCIL MEETING MINUTES - JANUARY 19, 1993 - PAGE 3
7. ADJOURNMENT: 9:40 p.m.
Att Z herine Wheatley, City Re der
r, i y f Tig d
Date: rl_3
ccm0119.93
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CITY COUNCIL MEETING MINUTES - JANUARY 19, 1993 - PAGE 4
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684.0360 NotlceTr 7429
BEAVERTON, OREGON 97075
Legal Notice Advertising The following meeting highlights ' published for yourinfottiwWod. putt
agendas may be obtained from the City Recorder, 13423:S,W. Hall,
• • ❑ Tearsheet N B9ulev*d. Tigard, Oregon 97223 or by calling 539-4171. -
City of Tigard • CITY COUNCIL BUSINESS MEETIIVO
e PO Box 23397 ❑ Duplicate At
E C E t v E c JANUARY-19,1993 ,
Tigard, Or 97223 TIGARDCITY HALL -TOWN HALL
" ` 1993 a 13125 S.W. HALL BOULEVARD, TIGARD, OREGON
Study Meeting M-n Hall Conference Room) (6:30 P.M.)
i :1•fY OF '1IGAK 1
Business Meeting (Town HA) (7:30 P.M.)
AFFIDAVIT OF PUBLICATION
CouncilConsideration:
STATE OF OREGON, )
COUNTY OF WASHINGTON, as. • Resolution Forwarding Ballot Measure to Voters (March 23, 1993
Judith Koehler Election) to Authorize the Issuance of General Obliosstion Bonds
( to Fund the Purci•.ase, Renovation, and E ui ment of a Com.
being first duly sworn, depose and say that I am the Advertising P
Director, or his principal clerk, of the~g?*~ Ti mac mumry Centeton Commercial Strcct•(otdFue Station).
a newspaper of general circulation as defined in ORS 193.010 • Update on Board and Committee Res WCtunn
and 193.020; published at Ti gird in the
a gresaid count and state;
City Gouncil BusinessthMt theeeting Local ContractReview BaartiMeeting
a printed copy of which is hereto annexed, was published in the Executive Session -
The Tigard City Council will go into Executive Session under the
entire issue of said newspaper for Qne successive and provisions of ORS 192.660 (1) (d);.(c), & (h) to discuss labor relations,
consecutive in the following issues: real property transactions, current and pending litigation issi
Jan iiarv 14, 1993 TT/429-Publish January 14,1993:
Subscribed and sworn o before me thisl4 h ay of Tantiry 1993
' Notary Public for Oregon
My Commission xpires:
AFFIDAVIT
,f
COUNCIL AGENDA ITEM 3
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: January 19, 1993 DATE SUBMITmyL: January 12. 1993
ISSUE/AGENDA TITLE: Resolution to PREVIOUS ACTION: Notion by Council
Forward to Voters Question of Issuing at Special Meeting of 1/5/93
G.O. Bonds for a Community Center PREPARED BY:
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
M ISSUE BEFORE THE COUNCIL
Should the attached resolution be approved which refers to the Tigard voters
the question of whether general obligation bonds be issued to purchase,
renovate, and equip a community center.
STAFF RECOMMENDATION
Approve the attached resolution forwarding the ballot title for a bond
measure to the Tigard voters.
M INFORMATION SUMMARY
Council, at their January 5, 1993, meeting approved a motion to:
• place the General Obligation Bond Issue on the March ballot;
• amount: $600,000
• cost of election is approximately $5,000; cost to be split between
City of Tigard and "other donated sources."
If approved, the attached resolution and ballot title wording will be used to
place the issue before Tigard voters March 23, 1993.
PROPOSED ALTERNATIVES
1. Approve the resolution as presented.
2. Approve the resolution with amendments.
3. Disapprove the resolution as presented.
FISCAL NOTES
Initial costs of approximately $5,000 with half of this amount to be
reimbursed from donated sources.
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MEMORANDUM i
® CITY OF TIGARD, OREGON
TO: Honorable Mayor and Council
FROM: Patrick Reilly, City Administrator
DATE: January 19, 1993
SUBJECT: Board and Committee Restructuring
over the last several months, Council and staff have visited all of
the Boards and Committees several times to discuss restructuring
the city's citizen involvement process. The purpose for the review
is to further Council objectives for citizen involvement identified
at the May 17, 1992 goal setting.
• Training ground for potential leaders.
• Broad based (truly representative).
• Realistic in terms of time constraints of participants
and complexity of issues.
• Fewer groups with broader responsibilities.
• Should not imply a false sense of authority or power.
Should involve citizens on pro-active issues (community
policing, surveys).
• Should not exacerbate lengthy processes.
In an effort to modify our existing structure to accommodate the
council objectives, the CIT concept was developed. The goals of
the CIT would be to:
Involve more citizens using a Town Hall format.
• Educate citizens on issues and process by committing
necessary resources for presentations and information.
LLiLti" Empower citizens to solve neighborhood problems and
identify issues of concern through training and
education.
• Create better access to the process through education.
The primary differences between NPOs and the proposed CITs is the
de-emphasis on land use and involvement on broader issues, and the
structure to a less structured format. In reviewing the CITs with
NPOs and Boards and Committees, there is support for the concept
but questions and concerns regarding the specifics.
• Boundaries should be based on logical criteria. `-~Pc
• Members vs. facilitates w the--difference.,,. co M rn;t
• How will changes get more people involved? J
• How will land use issues be handled?
The next step is to prepare a specific program for review by
Council and input from citizens. The program should contain
specifics on geographic boundaries, the structure, the
res_onsibilities of the CITs and the city, and a component on land
use issues. Some decisions are necessary' on she role of the other
standing committees before the CIT program can be developed.
The role of the city°s other standing committees are also being
reviewed against the Councills objectives for citizen involvement.
s
Over the last several months, staff and Council have visited with
members to discuss options. In fact, the Economic Development
Committee and Transportation Advisory Committee have been disbanded
and their responsibilities folded into the Planning Commission. i
Discussions with standing committee members regarding their role in
citizen involvement have yielded options: r
• Restructure responsibilities away from decision making
and toward education and feedback.
Disband and shift responsibilities to staff and CITs as
appropriate.
• Retain and develop relationship with CITs.
City council should discuss, in general, the role of the standing
i committees in the citizen involvement process. What does the
Council want from standing committees? The role should reflect the
Council's goals for citizen involvement. Once the role is defined,
the responsibilities of the Library Board, Park and Recreation
Board and Solid Waste Advisory Committee can be reviewed and
1 / modified as appropriate.
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/ SOLID WASTE ADVISORY COMMITTEE
l How It Works
® 7 members must live or work in th2 city.
Appointment by City Council after application and
interview.
3 year terms, expire December 31st.
Chair and Secretary elected by membership.
Must meet at least 6 times a year.
City's franchised haulers non-voting ex-officio members.
Staff support - Risk Manager attends meetings, prepares
minutes, Finance Director attends as technical support °y
when needed. Staff generates and mails agenda.
Functions - Resolution 91-35
Inform Council of status and progress of solid
waste management in the city.
Balance the needs of haulers with the needs of the
community in developing plans and requirements for
the delivery and use of solid waste services.
Moderate solid waste complaints unresolved between
haulers ar,u customers. '
Review and recommend to council on rates, rate
structure and reporting issues.
Recommend franchise ordinance amendments to assure
best service delivery and ensure compliance with
applicable rules and regulations.
Education for solid waste management and recycling.
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PARK AND RECREATION BOARD
l
How It Works
Nine members - eight appointed by City Council after
application and interview, ...rit..r.,..a~. one po nt2ta by the b_ l.i1C uOt1001
Board.
Me-_ts monthly, date and time decided by Board. ~
Elect Chair , Vice Chair and Recording Secretary from
its' membership.
Staff support - Planning and Parks staff attend meetings.
Agendas generated by staff.
Functions - TMC 2.12.060: t
Recommend recreation policies and service levels to
city council generally;
Act in an advisory capacity to the city council and
city administrator;
Advise the city council of problems related to the
development of recreation, facilities, programs,
etc;
Aid in coordinating city recreation services with j
the programs of other governmenta; agencies and
volunteer organizations;
Review th effectiveness of the park and recreation
program with the city administrator and city
council;
Review the annual budget in relation to parks and
recreation funding with the city administrator,
budget committee and city council;
Prepare a breif annual report to the city council
outlining responses to general and spefic
responsibilities placed upon the park board.
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LIBRARY BOARD
How It Works
Required under ORS unless some other method is specified
® when library is established.
Membership - at least 5 but not more than 9 members.
(City has 7 members). Terms shall begin July 1st. No
member shall serve more than two consecutive terms. May
serve again after a one year interval. Board elects chair j
from membership, Librarian is Recording Secretary. I
Ordinance or Resolutions establishing Board required to
determine Board's responsibility in relation to:
Appointment and compensation of staff.
Formulation of rules and policies.
Preparation of budget.
Approving or delegating responsibility for
expenditures.
Acceptance and use of donations.
Selection of library sites.
Contracts.
Annual report to state library required.
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BILLBOARD STATUS /
ni IC STATE RULES : l~r v , v L'-fi
O 672 square feet per face.
O Spaced 500 feet apart.
O Oriented towards the freeway.
O zoning affidavit from the affected local government.
CITY RULES:
O Billboards have been allowed under the following ordinances:
(ORD 71-5, ORD 83-52, ORD 88-20).
i O Within 660 feet of 217 and I-5.
O Permitted within the C-G and Industrial zoning district.
BILLBOARD PERMITS 1992-93
} O 14 permits issued, 1 Pending.
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O 11 built, 4 to be built.
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METROPOLITAN PORTLAND OFFICE SO. OREGON and NO. CALIFORNIA OFFICE
17321 SW Boones Ferry Road 97829 Shopping Center Avenue
Lake Oswego, Oregon 97035 PO Box 3000-D
(503) 635-1224 Harbor, Oregon 97415
FAX (503) 635-1383 )503) 469-5329
L~ FAX (503) 469-0768
Jr-
WESTERN ADVOCATES INCORPORATED
October 25, 1992
Mr. Pat Riley ,
City Manager
City of Tigard
13125 S.W. Hall
Tigard, Oregon 97223
I
Dear Pat,
It was good to meet with you last week and discuss how Western Attitudes might
be able to assist the City in conducting a Community Attitude Survey. I am enclosing
some background information about Western Advocates Incorporated and our polling
subsidiary, Western Attitudes. From our partial client list you can see that we have
conducted similar surveys for many cities, counties and special districts throughout
Oregon and elsewhere. A list of agencies and people to contact is enclosed and we
encourage you to call the references on this list.
t
In designing, conducting, analyzing and presenting a Community Attitude Survey
within the City of Tigard, we would propose the following approach.
Clear Understanding of the Project
We would like to work with a designated individual, or small group, authorized to
provide direction and make decisions on behalf of the City. The City's designee(s) and
Western Attitudes staff will then form the work team charged with designing and bringing
the project to a successful conclusion. The first task of the work team will be to reach a
common understanding of the scope and extent of the assignment and the particular roles
of each member of the work team.
It is our understanding that the City is interested in using the survey tool as one
part of an overall communications strategy that has long term, as well as short term goals.
In that context, we propose utilizing a variation of our "Citi-Speak" program developed to
accomplish similar objectives in the City of West Linn. There, we designed and executed
a number of telephone surveys using volunteer callers, including members of the City
Council, city staff and members of various Boards and Commissions. With publicity both
prior to and following each survey, the public became very aware of the city's interest in
communicating with its citizens and the viewpoints of the "silent majority" were expressed
at large in the community.
Government/Public Relations • Lobbying • Public Opinion Research • Land Use Planning
page two
In Tigard's case, we would suggest a baseline survey to elicit responses to
questions about ieveis of citizen satisfaction with life and services in Tigard; what citizens
want/don't want to see in Tigard's future and what issues the citizens want to see Tigard
city government grapple with over the next twelve months. Questions for ;uture surveys
can then develop out of responses to the baseline survey and from initiatives the City may
want to undertake during the year.
Development of Questions and Design of Survey Format
The work team will identify the information the City wants to know at the
conclusion of the survey. Western Attitudes staff will then formulate questions and design
the survey to gather the data and bring it back to the work team and the City for review
and approval.
It has been our experience that, depending on the nature of the questions, the
survey should not exceed 20-25 questions in length, or take longer than five minutes or so
to complete. Through the use of cross-tabs, it is possible to derive answers from collected
data without asking questions directly. Questions will be pre-tested to ensure they are
understood and that the overall flow of the survey works.
Determination of the Most Appropriate Survey Methodology
Comidecing the City's information needs, the work team will then determine the
' most appropriate survey methodology. Options include telephone, mail and personal
interviews and Western Attitudes staff is adept at conducting surveys using any of these
methods.
It has been our experience that a telephone survey, in conjunction with some pre-
polling publicity in the local media, is a most effective form of gathering community
opinion. Telephone surveys are most appropriate when a relatively quick turnaround time
is involved and the issues to be surveyed lend themselves to a "gut-level" response. Mail
surveys are more appropriate when dealing with detailed or lengthy surveys on
complicated issues. Response rates tend to be lower and surveys are more likely to be
returned by feel strongly on either side of an issue or who simply have the time to fill them
out. There is greater risk of self-selection associated with mail surveys although steps can
be taken to ensure that respondents are representative of overall community
demographics. We have had a high level of success with mail surveys where some
incentive to complete and return the survey promptly is provided. Personal interviews are
more labor-intensive and hence more expensive that either of the other two methods.
They are most appropriate with long and complicated surveys.
IF
page three
On the basis of our discussions, we recommend telephone surveys, utilizing
volunteers to both keep costs down and to allow for greater involvement of citizen
volunteers on City Council, staff, boards and commissions.
Determining Who to Survey
An overall sample of 400 residents, drawn at random from a list of registered
voters in the City, will be sufficient to provide a 95% level of confidence in the results i.e.
the potential that the sample selected is not representative of the community as a whole, is
within the range o lus or minu 5%. We usually purchase telephone numbers or mailing
labels from national firms that match voter registration and telephone company data.
Since the level of confidence diminishes as the size of the sample gets smaller, the work
team will need to determine the extent of any sub-area analysis and decide on an
acceptable level of confidence for responses from those areas. This in turn will identify
the number of sub-area respondents needed to ensure a statistically valid survey from
those areas.
Conducting the Survey
Western Attitudes use its own group of professional callers to conduct telephone
interviews. As an alternative, we will work with you to train community volunteers to
administer telephone surveys. For best results, we prefer to make calls in the evenings
between S:OOpm to 9:00pm and during the Iveekend. On a typical survey, we begin
calling on a Thursday evening, call through the weekend and usually complete calling by
the following Tuesday. This maximizes our opportunity to reach a representative cross
section of respondents, regardless of sex, age, work patterns, interests and activities.
If a mail survey is preferred, we usually try and create one mail piece with space
for a mail out label, an introductory letter from the Mayor, the survey itself and a fold-
over return address to make it as easy as possible for people to complete and return the
form. We also pre-pay mailing costs to encourage a higher level of response.
Tabulating, Processing and Reporting the Data
Western Attitudes has its own computer system and software package that will
aggregate the data and provide as many cross-tabs as the City requires. We have the
capacity to generate a level of confidence report for each question in the survey and the
ability to integrate graphics, including charts and slides into the final presentation package.
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page four i
We will review the preliminary findings with the work team and develop
appropriate recommendations for inclusion in the final report. Because we have
performed many similar studies, we can provide an indication of how Tigard compares
with other communities.
Western Attitudes staff will be available, at City request, to make presentations
about the survey report to interested or affected parties.
Execution Within the City's Time Frame
We understand that the City is interested in proceeding early in January, 1993. It
usually takes the work team 2-3 weeks to develop and sign-off on questions and the
survey design, so executing a telephone survey in early January, with presentation of the
results by the end of the month, is possible.
Cost of a Community Attitude Survey -
Depending on the nature and extent of the survey, costs can range from $5,000 to
$7,500. Once the work team defines survey parameters, we can identify more precise
costs.
An alternative we recommend is the program we developed with the City of West
Linn. They wanted help in reducing the cost of surveying and encouraging more two-way
communication between the Council and its citizens. "Citi-Speak" essentially breaks down
one major survey into two or three or more smaller surveys so that a larger number of
people are involved. It utilizes volunteer callers, rather than Western Attitudes callers, to
save money. It also invites participation by the local media. I'm enclosing some brochures
that describe "Citi-Speak" in greater detail. Costs for a three package survey of around 15
questions each, processing about 400 completed calls for each survey, will probably run in
the vicinity of $5,500.
Pat, I hope this gives some idea of how we would approach a Community Attitude Survey
in Tigard. Please get back to me if there is anything I have missed or if there is additional
information you need from us. I look forward to being of service to the City.
Kin aJ. Klein
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July 16, 1991
11396 SW Ironwood Loop
Tigard, Oregon 97223
Michael J. Rupp
Plan Review Manager
Oregon Dept. of Land Conservation
and Development ;
1175 Court Street, NE
Salem, Oregon 97310-0590
Dear Mr. Rupp:
By this letter, I am hereby objecting to the final review order relating to
the periodic review of the City of Tigard. I participated in the hearings
process by letters, by oral comments to the Tigard City Council at its
February 12, 1991 meeting, and by meeting with the City staff, DLCD
representative, Doug White, and Wetlands Conservancy representative, Jack
Broome on March 13, 1991 in the Tigard Library.
At the March 13, 1991 meeting, I expressed concerns over the periodic review
process not having a clear schedule for public input, lack of Coal 5 guidance,
the fate of wetlands in general, and the B-2 wetlands in particular. I stated
( that Tigard's protections for wetlands are very weak.
The findings on page 2 and page 3 of the Final Periodic Review Order do not
reflect any analysis of the value of wetlands in cleaning up non-point source
water pollution in spite of new wetland inventories the City has. The
findings Pnd conclusions on pages 2, 3 and 4 regarding the impacts on Tigard's
development opportunities relating to cleaning up the Tualatin River Basin use
are incomplete. It does not use the new•Tib.r3 --Lands inventory. It does
not discuss the value of Lhe B-2 wetland or other wetlands in this regard.
On page 5 item B, "Cumulative Effects," Washington County did a cumulative
effects review of implementation actions on Coal 5 resources, including
wetlands in urban areas. If Washington County can do this, Tigard should be
able to do it also. Wetlands such as the B-2 wetlands do not function in a
vacuum, but are interrelated to and impacted by those upstream and impact
others downstream. The pattern of urban development, the size and character
of buffers around wetlands all will cumulatively affect water quality,
wildlife use, etc.
On page 5 item D, "New Information," this conclusion is incorrect. There has
been a substantial change of circumstances under the meaning of OAR 660-19-057
(ld). The periodic review does not restrict new information to state or
federal reports only.
Regarding the B-2 wetlands specifically, Tigard did not consider the
information in my letters of May 9, 1991 and February 12, 1991. Tigard did
not consider the new information and expert testimony presented at the Tigard
® f
Planning Commission hearing on March 13, 1991 regarding subdivision around the
B-2 wetland (City File No. SUB 91-0001).
This hearing resulted in Final Order No. 91-07 PC on March 25, 1991,
recognizing very valuable wetlands, wildlife, water quality values at the B-2
wetlands and requiring a minimum 100-foot protective zone around it.
The periodic review should update the Tigard comprehensive plan to include the
B-2 wetland and a minimum 100-foot protective zone around it as a highly
significant Goal 5 resource. It should require that water be kept in the lake
to protect water quality downstream. In spite of new inventories, Tigard has
not designated a single new significant wetland since the original
designation.
On pages 17 and 18, the Goal 5 discussion is wrong. The introduction
paragraph of the 1989 Scientific Resources, Inc. (SRI) report states:
"Scientific Resources, Inc., (SRI) was asked by the City of Tigard to
prepare an identification and assessment of wetlands within the City of
Tigard City limits and area of interest. The overall purpose of the
study was to produce a broad scale treatment of the extent, location,
and habitat value of the wetland resources within the City and area of
interest. The results of this study will be used in City-wide planning
(emphasis added)."
( In spite of L.,e original purpose of this inventory, clearly stated by SRI,
Tigard did not use this new information in planning. It should have been used
in the periodic review. The map attached to my February 12, 1991 letter which
you already have, is an example of the maps found in the SRI inventory. This
particular map shows the B-2 wetland along with some other wetlands in the B
and E series. It represents a significant increase in specificity over past
inventories.
The periodic review should deal with the B-2 wetland specifically, and the
other wetlands. It should deal with the cumulative impacts of all of the
wetlands as they are interconnected in the Tualatin River Basin ecosystem.
The City's findings and conclusions on Goal 5 are wrong. The City's
comprehensive plan was acknowledged in 1984. However, the City has not used
new information available to it. Therefore, the City is most definitely not
in compliance with Goal 5.
The City of Tigard needs to increase its protection levels for all wetlands.
No significant wetlands delineations have been made in any of the tributaries
of Fanno Creek. There is no justification for such an oversight. The
original significant wetlands delineation done on Fanno Creek used a general
geographic designation. It did not use a wetland delineation map. The new
inventories represent a significant improvement in specificity and quality
over this, yet they were not used. -
I have also enclosed a package of information and supporting literature about
wetlands buffers used by the State of Washington and the Puget Sound Water
1
M-W
i"
C Quality Authority. These data are also applicable to Oregon. It creates four
wetlands categories each with a different sized buffer based on resource
values. I recommend that the City of Tigard adopt these standards. Tigard's
current buffer standards are minimal and have no way of coping with differing
resource values for differing sites.
Thank you.
Sincerely,
DouglaA. Smithey
C
r
CC's
Ron Burch, City of Tigard
P.O. Box 23397
13125 S.W. 'Mall Blvd.
Tigard, OR 97223
Jack Broome
The Wetlands Conservancy
P.O. Box 1195
Tualatin, Oregon 97062
Judy Fessler
11180 S.W. Fonner
Tigard, Oregon 97223
Cal Woolery
12356 S.W. 132 Ct.
Tigard,Oregon 97223
Jeff Gottfried
7040 S.W. 84th
Portland, Oregon 97223
Paul Ketcham
One Thousand Friends of Oregon
Suite 300
534 S.W. 3rd Ave.
Portland, Oregon 97204
Ed Sullivan
Preston, Thorgrimson, Shidler, Gates and Ellis
3200 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, Oregon 97204
i
l~ I
C`
June 2, 19 92
iy~~=t%~• GkX DEPARTMENT OF
Ed Murphy l~ 1G~~~~ .n(1~uw LAND
Community Development Director
13125 S.W. Sall Blvd. CONSERVATION
K~ cv
PO Box 23397 AND
Tigard, OR 97223
DEVELOPMENT
Dear Mr_ Murphy:
We have received an objection from Doug Smithey to the
city's final periodic review order. Specifically, the
objection is that the order does not include a specific
wetland site on its Goal 5 wetlands inventory. As
provided by OAR 660-16-000(5)(a):
"The local government is not required to
justify in its comprehensive plan a decision
not to include a particular site in the plan
inventory unless challenged by the
Department, objectors or the Commission based
on contradictory information-" (emphasis
added)
{ The objection is based on information contained in
a wetlands report conducted for the city in 1989
by Scientific Resources, Inc. Mr_ Smithey claims
the report demonstrates that a wetland site
(labelled B-2 in SRI's report) provides valuable 0-2 =EIA R1"
wildlife habitat and should be determined LA <a
"significant" and protected under Goal 5. We
agree the SRI report does provide information that
supports the objection-
For this reason, the City of Tigard is required to
ei.plain, in writing, why this site was not
included on the plan inventory. In the
alternative, the city may decide to label the site
as "significant" and complete the Goal 5 process.
Until one of these options has been completed, the
city's periodic review cannot be terminated.
In addition, it appears that the city has chosen
not to inventory any of the wetland sites
discussed in the SRI wetlands document, since the
city is still using the wetlands inventory map aicban P.nbem
developed in 1984. Considering that the SRI
report is certainly specific concerning location,
quality and quantity of specific resource sites
1175 Court Street NE
Salem, OR 97310-0590
(503) 373-0050
FAX (503) 362-0705
7 ' . , •`i.::iii:i<i:iJ ..................dili ~iliii:iiiti:iiiiitiiititi:i:i$iili:iii.di:LC{~,:'{jt
.Ed Murphy -
Jurie 2, 1992
and addresses wetlands that could be considered
significant," we
these. sip- e' request a-n a°-planation of why none of
sit were' inventvried ed_ .
if you YOU have an
I-f Wetlands y questions and would like information
378-8009 and Goal 5, please calf Lynn Beaton at
Sincerely,
• 1
Michael J'. Rupp
Plan Review Manager
<wet>
CC, D41
oug Smithey
Mel Lucas
at
1