City Council Packet - 09/09/2008
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City of Tigard
TIGARD CITY COUNCIL
MEETING
September 9, 2008
COUNCIL MEETING WILL BE TELEVISED
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13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503:639.4171
TTY Relay: 503.684.2772 0 www.tigard-or.gov
City of Tigard
Tigard Business Meeting - Agenda
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TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE: September 9, 2008
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is
available, ask to be recognized by the Mayor at the beginning of that agenda item Citizen Communication
items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either
the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to
sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for
Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410
(voice) or 503-684-2772 ('IDD - Telecommunications Devices for the Deaf).
Upon request, the Citywill also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead
time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by
calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (IDD - Telecommunications Devices for the Deaf).
CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m The meeting will be
rebroadcast at the following times on Channel 28:
Thursday 6:00 p.m Sunday 11:45 a.m.
Friday 10:00 p.m Monday 6:00 a.m
SEE ATTACHED AGENDA
_ TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
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City of Tigard
Tigard Business Meeting - Agenda
TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE /TIME: September 9, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
6:30 PM
• STUDY SESSION
Volunteer Program Discussion - Administration Department
Legislative Agenda Discussion - Administration Department
Transportation System Plan Citizen Advisory Committee Discussion - Community Development Department
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council, Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
2. PROCLAMATION - Mayor Dirksen
• NATIONAL DRUG & ALCOHOL RECOVERY MONTH
3. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Tigard High School Student EnvoyAlexa Kanbergs
• Tualatin Valley Fire& Rescue Quarterly Report from Captain Dawson
• Citizen Communication - Sign Up Sheet
• Follow-up to Previous Citizen Communication
7:45 PM
4. CONSENT AGENDA: (Tigannl City Ca mal and Lcad Contract RedewBaa4 Hee item aye wawb& to be Martine
and mzy be erg in om "mon zembw separate discussion A rte nuy west that an item be mmzed by "won for
disussion and separate aa-wn Mohan to
4.1 Approve City Council Minutes for July 8 and 15, 2008
4.2 Receive and File:
a. Council Calendar
b. Tentative Agenda:
c. Fifth Tuesday Minutes from July 29, 2008
TI_GARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 3
City of Tigard
Study Session - Agenda
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TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE /TIME: September 9, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
6:30 PM
• STUDY SESSION
o Volunteer Program Discussion - Administration Department
o Legislative Agenda Discussion - Administration Department
o Transportation System Plan Citizen Advisory Committee Discussion - Community Development Department
o Administrative
- Cancel September 16t' Workshop Meeting?
- MD Meeting Date in October. Rob Saxton will be talking to the School Board Chair this week to discuss
a potential date for the Joint Meeting with MD and Cities of Tualatin, Durham and King City.
• EXECUTIVE SESSION- The Tigard City Council may go into Executive Session under ORS 192.660. All
discussions are confidential and those present may disclose nothing from the Session. Representatives of the
news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any
information discussed. No Executive Session may be held for the purpose of taking any final action or making
any final decision. Executive Sessions are closed to the public.
Council Calendar.
September
9* Tuesday Council Business Meeting - 6:30 pm Red Rock Creek Conference Room and Town Hall
16" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall (May be cancelled?)
23* Tuesday Council Business Meeting - 6:30 pm Red Rock Creek Conference Room and Town Hall
30 Tuesday Fifth Tuesday Council Meeting-7-9 pm, Public Works Auditorium
October
7 Tuesday Budget Committee Meeting, 6:30 p.m, Library 2nd Floor Conference Room
14" Tuesday Council Business Meeting - 6:30 pm, Town Hall
21" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
28" Tuesday Council Business Meeting - 6:30 pm, Town Hall
TIGARD CITY COUNCIL STUDY SESSION AGENDA - September 9, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov
4.3 Local Contract Review Board:
a. Award Contract for 08-09 Pavement Major Maintenance Program (PMMP) Phase II (79`h Avenue
Reconstruction) - Resolution No. 08-
4.4 Approve Resolution of Necessity to Acquire Certain Real Estate along SW Dartmouth Street for Street
Improvements - Resolution No. 08- _
4.5 Approve Grant Application to the Royal Rosarian Foundation in the Amount of $28,000
4.6 Approve Mini-Grant Application to Alliance for Community Traffic Safety in Oregon (ACTS) Bicycle
Safety- Resolution No. 08-_
• Consent AMda - Items Rer m& for Separate Discussion These W n are mnsi bed to be nx&m and mry le enac&
mom mxion zeitlv& separate &a6sion A rt)o mry rawest that an item l- m7vwd by Mort for &acssion and
separate aaion
7:50 PM
5. WORKSHOP for COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006: URBANIZATION
• Community Development Department
8:50 PM
6. COUNCIL LIAISON REPORTS
7. NON-AGENDA ITEMS
8. 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.
9:00 PM
9. ADJOURNMENT
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Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations
(ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body,
which is dasedto certain persons for deliberation on certain matters."
Permissible Purposes for Executive Sessions:
192.660 (2) (a) - Employment of public officers, employees and agents,
If the body has satisfied certain prerequisites.
192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open
hearing).
192.660(2) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.)
192.660 (2) (e) - Real property transaction negotiations.
192.660 (2) (f) - Exempt public records - to consider records that are "exempt bylaw from public inspection."
These records are specifically identified in the Oregon Revised Statutes.
192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is
competing with other governing bodies.
192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current
litigation or litigation likely to be filed.
192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the
governing body, the employment-related performance of the chief executive officer, a public
officer, employee or staff member unless the affected person requests an open hearing. The
standards, criteria and policy directives to be used in evaluating chief executive officers shall
be adopted by the governing body in meetings open to the public in which there has been an
opportunity for public comment.
192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or
businesses regarding proposed acquisition, exchange or liquidation of public investments.
192.660 (2) (k)- Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of programs relating to security.
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TIGARD CITY COUNCIL STUDY SESSION AGENDA - September 9, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov
Agenda Item No.--S ,
' Meeting of
lfliCG'1\t ~11 1
- City of Tigard
Tigard Bus ine s s Meeting Minutes
TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE: September 9, 2008
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
6:30 PM
• STUDY SESSION
Present: Mayor Dirksen, Council President Sherwood, Councilor Woodruff, Councilor Buehner and Councilor Wilson. City
Attorney Ramis, Assistant City Manager Newton, Assistant Community Development Director Bunch, Senior Planner Wyss,
Assistant Planner Daniels and Deputy Recorder Krager
CITY VOLUNTEER PROGRAM
Assistant City Manager Newton said volunteers are an important and valuable part of how Tigard connects with the
community. She said the executive "staff has been discussing the Qty's volunteer program and how it works. One
issue is that Cityprograms use volunteers in different way.
o The Library uses them for daily operations.
o Public Works uses them for special projects such as tree plantings.
o Community Development relies extensively on volunteers for board and committee membership.
o Police Department has Explorers and Reserves and views having volunteers as an opportunity for training.
o Finance and Administration Departments use mostly clerical volunteers.
o judge O`Brien offers Community Service as an option for offenders.
She said the City is considering adopting a new guiding principle for the Volunteer Program and making adjustments
operationally to reflect separate departmental needs while recognizing the value of volunteer opportunities. She
recalled for Council that the vision document's concept was maximizing the use of wlunteers, which had the
effect of driving staff to find jobs for volunteers to do as opposed to being mindful all the time of maximizing how
services are delivered. She said the new guiding principle is Enhancing and Maintaining Sem ce Deliwry while
Strengthening Connections to the Community. She asked for Council comments.
Councilor Buhner said because of the variety it didn't make sense to pull all volunteers together under one central
umbrella.
Councilor Wilson said there are two aspects: 1) Volunteers can help get things done by lowering our costs and helping
us deliver services; and 2) Community/Citizen Outreach, which is more of a public relations program and is separate.
He said he does see it as a problem if staff is spending time finding things for volunteers to do.
Councilor Sherwood agreed that staff should not be creating jobs for volunteers. She suggested maintaining a list of
available volunteers and calling on them as the need anises. She said there should be a clearinghouse for coordinating
background checks, etc.
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
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Mayor Dirksen commented that the City's volunteer program has evolved and has gotten off the ground. It is
working well and this valuable resource has become integrated into the City's processes.
LEGISLATIVE AGENDA
Assistant City Manager Newton gave Council copies of the League of Oregon Cities (LOG) legislative priority
questionnaire as well as Council's past legislative priority lists to aid in this discussion which will ultimately result in
adoption of a 2009 legislative priorities resolution. She noted executive staff has discussed this and listed:
• Transportation funding
• Land use, including Big Look funding
• Library patron confidentiality, Access to information and Intellectual freedom
• Ethics law reform
She said they also identified the following from the LOC list as important:
• G -Support statutory changes to allow increased flexibility of the use of transient lodging taxes to offset
expenditures for tourism related services.
• H - Support new, statutory authority to allow cities to create service districts within city boundaries,
establish a permanent property tax levy, and fund specific urban services within the district.
• I - Work towards an ethics policy that protects the interest of the public but is clearly understood by all
and does not intrude into the private lives of Oregon's city leaders.
• J - Initiate legislation to allow local government to restrict the possession of a firearm in publically
owned buildings.
• K - Work with other stakeholders to pass legislation to make it more difficult for thieves to profit from
metal theft.
• L - Ensure city leaders are represented on the governance structure of the Oregon Wireless
Interoperability Network and advocate for a funding level that will allow all public safety first
responders to communicate seamlessly.
• P - Work to insure that labor arbitrators must use the same type and size of jurisdiction as comparables
when comparing compensation and benefit packages; and
• Q - Move to an alternative revenue system for telecommunications providers and oppose preemption of
city franchising, rights-of-way and taxing authority.
Mayor Dirksen remarked that Land Use is not even listed as a category on the LOC list. Assistant City Manager
Newton asked Council what their priorities are and the following were mentioned:
• Affordable housing through support of the document recording fee
• Local control of taxes and avoiding preemption of local revenue sources
• Transportation Funding /Allocation of State and Federal Revenues by population
• Land Use/Urbanization
Assistant CityManager Newton said that after approval she will send Council's resolution to the LOG
Assistant Community Development Director Bunch mentioned that Metro is also preparing its legislative agenda and
some items listed maybe helpful to Tigard. He mentioned ODOT's mobility standards and how they prevent the City
from fullyurbanizing the Tigard Triangle, and replacement of aging infrastructure systems. He said Metro continues
to be interested in the topic of urbanization and annexation.
TRANSPORTATION SYSTEM PLAN CITIZEN ADVISORY COMMITTEE
Assistant City Manager Newton presented a proposed resolution regarding the establishment and composition of a
citizen advisory committee to guide the preparation of the Tigard Transportation System Plan. Council discussed the
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
City of Tigard 125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 2 of 10
membership composition. Councilor Wilson said he questioned the wisdom of having specialized advocates on
committees because theyare bydefinition, unbalanced. He asked, "Whywouldn't we just take average citizens to
reflect the views of the community?" Council agreed that while they are not opposed to transportation means other
than vehicular, they would prefer to delete the specific references to Bike/Pedestrian Advocate and Transportation
Disadvantaged Advocate and increase bytwo the members of the Residents-at-large category. Council's
recommended categories:
Planning Commissioner (1)
Member of Transportation Financing Strategies Task Force (1)
Tigard Chamber of Commerce Representative (1)
Residents-at-large (4)
Council said they want to consider this item under Non-Agenda Items tonight rather than hold up assembly of this ad
hoc advisory committee.
ADMINISTRATIVE ITEMS
Assistant City Manager Newton noted the September 16 and 23 agendas are lightly scheduled. The joint Meeting with
the Park Board has been rescheduled for the October 21 Workshop Meeting so the September 16 meeting will be
cancelled. The School District is discussing a potential joint meeting date. She also reminded Council of the October
7, 2008 Budget Committee Meeting.
Assistant City Manager Newton read an e-mail from Engineer Duenas on the Highway99W/Hall/Greenburg
intersection design status. Ms. Newton noted that Council President Sherwood was the only Councilor receiving
the e-mail because it was in response to a question and she would forward it on to other Councilors.
SL)MMER CREEK RESTORATION PROJECT CONCERNS
Assistant City Manager Newton said there was a public records request regarding this current restoration project and
staff was putting together information. She said Assistant Public Works Director Rager was also sending a letter to
concerned property owners. Councilor Wilson noted a lot of concerns in the community about these types of
projects. He said the City may not be engaging the public upfront adequately and recommended that the Park Board
be actively involved in reviewing the plans and soliciting public comment.
Council President Sherwood said that the City's work along creeks is done to respond to Clean Water Services'
Healthy Streams Plan. Attorney Ramis said when we sign contracts with Clean Water Services there
might bean opportunityto put in language regarding process. Mayor Dirksen said, "Our stated policyis that we are
supportive of the Healthy Streams Plan and so when these come through, staff may think Council is OK with this."
Councilor Wilson said he would like to know more about the scientific intent of Clean Water Services' plans for these
restoration areas and by whose authority they are deciding that this is the way it ought to be.
Mr. Marland Henderson identified himself as a property owner in the Summer Creek restoration area. He said the
main issue was the lack of notification to property owners. He said homeowners saw brambles being chopped up and
left in place which created fears that such material would flow downstream, block the creek and create flooding. He
said a notice had been sent out specifying that work would be occurring on Ash Creek and no one along Summer
Creek knew why they received the notice. Evidently the notice had not been proofread because it should have read,
"Summer Creek" Neighbors were upset and a petition was circulated. He said, "The people in harm's way Eve down
the creek There are a couple of houses in the floodplain. They are already being flooded now and two more feet will
wipe them out." He said a little more notice and public relations would have helped a lot.
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
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Councilor Wilson noted that the City recently issued an RFP for work on Fanno Creek in the downtown park area
and he hoped as that plan gets developed it gets reviewed because it is a critical piece of our downtown plan. In
summary, Assistant City Manager Newton said staff needs to do more to engage the people who are affected by these
restoration projects up front, and she will get scientific information supporting the Healthy Streams Plan to Councilor
Wilson in response to his request.
The Study Session was adjourned at 7:20 pm
1. BUSINESS MEETING
1.1 At 7:30:13 PM Mayor Dirksen called the Tigard City Council and Contract Review Board to order.
1.2 Deputy Recorder Kruger called the roll.
Name Present Absent
Council President Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buehner ✓
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports - Councilor Buehner mentioned that she would give a liaison report
at the end of the meeting.
1.5 Call to Council and Staff for Non-Agenda Items - Mayor Dirksen noted that a Transportation System Plan Task
Force agenda item will be considered under Non-Agenda Items.
2. PROCLAMATION-
Mayor Dirksen proclaimed September, 2008 as NATIONAL DRUG & ALCOHOL RECOVERY MONTH
3. CITIZEN COMMUNICATION
7:32:07 PM Tigard High School Student Envoy Alexa Kanbergs gave a brief report on the activities of Tigard High
School. Councilor Buehner asked Ms. Kanbergs if the issue regarding the location of homecoming float staging was
settled. She responded that floats will start from 113th Street. Councilor Buehner asked her to make sure people living on
that street know about these plans. Ms. Kanbergs said the high school will be circulating flyers to the neighbors.
7:33:49 PM Tualatin Valley Fire & Rescue Captain Dawson introduced Division Chief Mike Duyr-k, former captain of
Station 51. They updated Council on the status of Station 50, showing slides of the construction. The new fire station is
being built on Walnut Street near Jack Park and the anticipated opening date is February 2009. He said TVF&R will be
working with City staff on an opening celebration. They also have two acres they plan to partition and give to the City to
add to Jack Park Division Chief Duyck said there will be an oversized community room available to the public for
meetings.
Captain Dawson noted that with the WES commuter train beginning its run this fall, some specific training was scheduled.
He said Tigard's TVF&R Station 51 houses a technically trained rescue team with special equipment to respond to
emergency incidents involving trains, light or heavy rail and TriMet busses. He said on September 15~h there will be a joint
drill involving TriMet, Metro West, AMR, Pacific & Western and law enforcement officials to assess the readiness of WES
for emergency incidents. Three federal regulatory agencies will have representatives present at the drill to check on
TVF&R's progress. Emergency communication protocols between WES and WCCCA are also being developed.
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
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Councilor Buehner asked if the Progress Fire Station will respond to Washington Square commuter rail station incidents.
Captain Dawson said the Progress Station responds to Washington Square calls, but all firefighters receive training on
train incident response and the equipment closest to an incident would be called to respond.
Captain Dawson discussed TVF80s Local Option Levy which will be on the November 2008 ballot.
Citizen Communication
7:48:01 PM Joanne Bengtson who works in the Gigs Administration Department invited everyone to the Fourth Annual
Family Fest starting Thursday, September 11, which is also Tigard's 47th birthday. Events include:
Thursday, September 11-
• Clown School in the Library Community Room, including BJ the Clown performance
• Genealogy experts on the Library second floor to help people research their families
Friday, September 12 -
• Youth Advisory Council (YAQ will show Disney's new movie at 7:00 pm in the Library Community
Room; treats provided
Saturday, September 13 -
• 5K Fun Run (or walk, bring strollers, etc) from City Hall to the LDS Church on North Dakota Street.
First Student buses will deliver everyone back to Town Hall from the church.
• City Administration staff member Helen Marvin designed the t-shirts which are new this year. The first
200 people at the Fun Run will get a free t-shirt.
• Treasure hunt, based in downtown starts at 1:00 pm
• Picnic at Library at 5:30 pm and dedication of Indonesian pavilion at 6:30 pm
• Birthday cake (cut by Summerfield resident Betty Mills, who was Miss Congeniality in 1962 in Miss
Tigard pageant). The Historical Society provided photos of Tigard's first birthday celebration.
• Magician Tom Waldrop at 7:15 pm
• Tualatin Valley Community Band Performance at 7:30 pm
• Fireworks at dusk
• Skate park will be lit for night skate, complete with disco ball, tower lights and glow in the dark freebies.
There will be a professional skate show, plus gifts from LAB 33 and Exitrealworld.
Ms. Bengtson said local businesses have been very supportive and provided lots of prizes.
Mayor Dirksen invited the community to come celebrate Tigard's families and said, "Leave your wallet at home; it's all
free." Council expressed thanks to Ms. Bengtson for her planning, enthusiasm and hard work on this event.
7:57:45 PM Virginia Caullay, 13990 SW 100th Avenue, Tigard spoke about Potso Dog Park She said the open hours are
currently 4:30-dusk and all day on weekends and holidays. She noted that this schedule was for the convenience of Coe
but they are closed except for administration so the parking lot is no longer being used as in the past. She asked who
owns the parking lot and if the dog park hours could be increased to dawn to dusk daily. Mayor Dirksen said staff would
check on this and get back to Ms. Caullay. He also mentioned the upcoming Potso Dog Park Halloween Costume Party
on October 25, 2008.
o Follow-up to Previous Citizen Communication - None
4. 8:00:45 PM CONSENT AGENDA: Mayor Dirksen announced the items on the Consent Agenda.
4.1 Approve City Council Minutes for July 8 and 15, 2008
4.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
c. Fifth Tuesday Minutes from July 29, 2008
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page S of 10
4.3 Local Contract Review Board:
a. Award Contract for 08-09 Pavement Major Maintenance Program (PMMP) Phase II (79th Avenue
Reconstruction)
4.4 Approve Resolution of Necessity to Acquire Certain Real Estate along SW Dartmouth Street for Street
Improvements - Resolution No. 08- 52
4.5 Approve Grant Application to the Royal Rosarian Foundation in the Amount of $28,000
4.6 Approve Mini-Grant Application to Alliance for Community Traffic Safety in Oregon (ACTS) Bicycle Safety
Resolution No. 08-53
8:01:52 PM Councilor Woodruff moved to approve the consent agenda with a change to Item 4.2.a - Council Calendar
amended to read that there is not a Workshop Meeting on September 16, 2008. Council President Sherwood seconded the
motion and it passed unanimously.
Council President Sherwood Yes -
Councilor Wilson Yes
Councilor Woodruff Yes
Mayor Dirksen Yes
Councilor Buehner Yes
5. 8:02:32 PM WORKSHOP for COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00006:
URBANIZATION
Senior Planner Wyss gave an overview of the process and said this Comprehensive Plan Amendment would be back
for a public hearing on October 14, 2008. He asked if Council had any questions or required further information.
He said the Council and the Planning Commission met on July 8, 2008 to discuss this amendment. An outcome of
that meeting was that Council directed the tone of the language to change so that policies were clear and assertive
without being confrontational or negative. The Planning Commission then hosted two Policy Interest Team
meetings where the language was refined. The language was then sent to the City Attorney who reviewed it and made
one change in Policy 3 under Goal 14.2. He said the change can be found in the Planning Commission minutes. The
Commission then held a public hearing on August 18, 2008 where no further changes in the language were requested.
He said the chapter recommended to the Council has been organized into three goals:
o Provide quality services to City residents
o City's Approach to Annexation
o City's Approach to Promoting Tigard Citizens' interest in growth decisions
Senior Planner Wyss said staff has since received feedback from Council on a change in the 14-3 Introduction.
Mayor Dirksen proposed that the sentence, "Until Areas 63 and 64 can be included within an existing city..."should
read, "...,within a city..." Councilor Buehner asked for clarification of the sentence, "Tigard currently is precluded
from providing urban services to these areas as evidenced by the annexation vote of 2004." She asked if it was
necessary to have that sentence in the paragraph since circumstances may change in the future. Staff agreed that the
sentence can be removed without changing the intent of the paragraph. Senior Planner Wyss asked if Council had
any further questions on this chapter or process.
8:07:40 PM Councilor Woodruff commented, "All of these chapters are important but none have been involved with
more controversy over the last couple of years than this issue of urbanization and annexation, so I really want to
make sure we get this right. He asked if there could be a general statement inserted under Goal 14.1 saying, "Tigard
will actively participate in state, regional and county efforts regarding annexation legislation and policies relating to
urbanization." Senior Planner Wyss referred him to Goal 14.3 and suggested adding this phrase as a Recommended
Action Measure. Councilor Woodruff agreed with this suggestion.
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
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Councilor Woodruff said his second question was about item 4 on page 14-7 which he said might raise red flags for
people living next door to an annexed property who may believe the City would require them to annex.
Assistant Community Development Director Bunch said in some cases this is probably more appropriate as a
promotional policy as there are few circumstances where the City can require annexation. Councilor Woodruff
suggested the word "require" be changed to "encourage" since we have already stated the other reasons why we
might require annexation. Councilor Buehner referred to the Walnut Island area when the County wouldn't allow
residents to replace their septic systems, and asked, "Wasn't the City required to annex at that point? Something like
that could come up again." Mayor Dirksen noted that there is already a provision related to health and safety.
Councilor Wilson said the law says you must have consent from a majority of electors and a majority of the property
owners in order to annex but it does not need to be unanimous. He said there were times when the City could have
annexed more properties but in most cases chose not to do so. He said this language refers to that possibility.
Assistant Community Development Director Bunch said this represents a policy matter that might change as Council
evaluates the annexation policy on an annual basis.
Councilor Wilson said he would like to see language that doesn't preclude the City from annexing a parcel that there
is not full agreement on. Mr. Bunch said the policywording could be adjusted to say, "..and we determine to be in
the best interests of the City and public health."
City Attorney Ramis said one possibility would be to have a separate section saying, "The City's policy is that it will
maintain its right to use all authority granted by State statute to require annexation." Council agreed Attorney Ramis'
sentence worked well.
Councilor Buehner said she didn't want anything in the Comprehensive Plan that encourages limited-service city
formation because they don't function well. Councilor Wilson agreed but said, "Suppose there is some property
adjacent to King City. They can't come into Tigard because they are not contiguous. They can't come into King City
because they are located in Tigard's Urban Services Area, so they stay unincorporated. Is that a good thing for public
policy?"
Assistant Community Development Director Bunch responded, saying, "State law does allow cities and counties to
amend and revise Urban Services Boundaries and Urban Planning Area agreements. We have the flexibility to do
that. We will evaluate the plan every five years and work with Metro to determine changes in urbanization policies
and infrastructure issues, etc."
Mayor Dirksen referred to his earlier request to the change the wording in 14.1 from "existing city' to "any city" and
said it also appears in Section 14.23, Action Measure I.
He also mentioned that Policy 4 under 14.3 seemed to be in conflict with Policy 1 under Goal 14.1 Senior Planner
Wyss said the City's Public Works Department commented that the City is currently providing water outside Tigard's
city limits. The stance that the Planning Commission took with these two policies is more focused on sewer and
storm water because the water is already there. City Attorney Ramis said this does not come through in the
language and there needs to be something that explains the policy. Assistant Community Development Director
Bunch said this affects one relatively small area which is minor in the context of the entire policy intent. He agreed
that this should be modified to address this special case. Councilor Buehner said that Public Works intends to
negotiate with Tualatin Valley Water District to make an adjustment in the boundary that would resolve this issue.
Councilor Wilson asked, "What about providing services to other cities? As Durham or King City annexes parcels,
we are providing water to them" Councilor Buehner said, "There is an Intergovernmental Agreement provision
saying the subject property has to be added to the Tigard Water District." Senior Planner Wyss said staff will make
the language more case-specific.
Senior Planner Wyss asked Mayor Dirksen what Council's preference was regarding the introduction sentence.
8:30:17 PM Mayor Dirksen suggested,"The position of the City of Tigard is that cities are better equipped to provide
governance and urban level services than counties. Until Areas 63 and 64 can be included within a city, the City of
Tigard opposes the provision of services that would allow for urban level development within the area." Council
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of 10
agreed with his suggested wording.
8:31:18 PM Mayor Dirksen noted that a citizen had signed up to speak Phil Decker, 14540 SW 148th Place, Tigard
spoke regarding this Urbanization chapter. He said he organized a number of people to oppose the incorporation of
the City of Bull Mountain and many times his house was packed with people discussing annexation issues.
Mr. Decker said he reviewed this proposed Comprehensive Plan chapter and found it to be of high quality. He said
there was a lot of language concerning unincorporated Bull Mountain and Areas 63 and 64 but the document has no
focus because it lacks direction. He said, "This document presents the opportunity to clearly state that Tigard intends
to annex unincorporated Bull Mountain and Areas 63 and 64 in the future. Such language would make it clear and
unequivocal to all of the interests and constituencies concerned that Tigard has finally set a direction."
Mr. Decker stated that there are two major obstacles to annexation: money and legislation. The fact is that property
taxes will increase if property is annexed. The economic forecast is not encouraging so there is a perception that
there is insufficient incentive to annex now.
8:37:33 PM He said he picks up on a perceptual current from Council that the people of Bull Mountain are in the
main opposed to the city of Tigard and are against annexation. He said his belief that this is not true is corroborated
by recent voting results two years ago in the election to form the City of Bull Mountain. He said in that election three
precincts voted and only one approved incorporating. Since that time the incorporation effort is heavily in debt and
has become fragmented. There has been turnover in the neighborhoods and in voters.
He said his understanding of recent legislation is that a relatively small group of people can freeze annexation
attempts by filing a petition for incorporation. He urged Tigard to join other cities working to free themselves from
the "hostage position" this legislation has cities in now.
He said there is not as much sentiment against annexing to Tigard as there once was. From the standpoint of sound
Citypolicy, everyone (Tigard staff, Bull Mountain residents, Metro, developers, and Washington County) would
benefit knowing where Tigard wants to go in this key area over the next several years. He said everyone could then
plan accordingly instead of the City drifting and being inconclusive as to its policy directive.
8:45:41 PM Councilor Wilson thanked Mr. Decker for coming. He agreed that the document avoids controversy by
purposefully avoiding anything that might kick the hornet's nest again. The previous annexation effort required an
enormous amount of energy both at the staff and Council level. He said even staff whose jobs had nothing to do with
planning or annexation, such as police officers, were impacted by the constant insults about their work from Bull
Mountain residents
8:48:12 PM Councilor Sherwood said when she and Councilor Wilson came onto the Council they were eager to
make some progress in the City. She said they were idealistic and heard from people on Bull Mountain saying what
Mr. Decker said tonight about wanting to annex. She said, "We thought this would be a good thing. Tigard could get
some land; we could put parks up there. But sitting here as people from Bull Mountain slammed the City of Tigard
made me lose the stomach for any kind of controversy having to do with that area. We have offered annexation but
not many have taken us up on it."
8:49:29 PM Councilor Woodruff said our goal is very clear - it is to have as many people join the city as want to. The
ideal thing is that everyone would want to be part of the city. Right now we have to live within the constraints of the
annexation legislation and we could say that we want to do something, but right now it doesn't allow that.
8:50:44 PM Councilor Buehner said she has a different perspective. She said she has seen the materials staff sent out
to encourage annexation and said she wouldn't be likely to annex based on them. She hopes that Tigard can put their
best foot forward in future materials. She noted that the latest annexations have not been controversial and she agrees
with Mr. Decker that there has been a change in attitude on Bull Mountain. She said she is concerned about a policy
that locks Council into doing nothing for the next 20 years.
8:52:12 PM Councilor Sherwood said Council is elected by the citizens of Tigard and Council's first dutyis to those
citizens. She said, "We spent a great deal of time and energy on the Bull Mountain annexation effort. The drive in
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 8 of 10
the last few years has been to refocus on the City and what the City needs. It is frustrating to see Areas 63 and 64
sitting out there. But at the same time, I don't want to focus our energy there."
Councilor Wilson said the rapid advance of subdivisions in the 1990's up and over Bull Mountain seemed wrong to
him but Tigard couldn't get ahead of it. He said, "We had no tax base, we couldn't get parks up there. People on the
Mountain were rightly concerned. They blamed Tigard for it but it was not something Tigard had any control over."
8:56:29 PM Mayor Dirksen said he would encourage people to annex because he feels that is what is best. He said by
and large, Tigard residents don't seem to care one way or another if these areas come into the City because they don't
realize the financial impacts on the City. Our citizens are concerned about downtown improvement, traffic
congestion, and better infrastructure, etc. As a Council we are better off spending our time on issues our citizens
value as important.
8:59:19 PM Assistant Community Development Director Bunch agreed, saying, "We do beat about the bush. But we
specifically say that in order to get urban services you have to annex to the City. Instead of doing it right away we are
looking at the ultimate result." He said regarding Areas 63 and 64, those issues are gradually working themselves out
and some alternatives maybe presented to Council as part of the urbanization forum. He said, "The basic principle,
and we all know this, is that the City of Tigard has the water and there is no other water provider out there. The only
other way to get water to them is through a seven-mile transmission line and all new storage facilities."
9:01:19 PM Council President Sherwood said at some point the County may run out of money and can't provide
these services anymore and that will force people into our city.
Assistant Community Development Director Bunch noted that over time as the County gets pressured to provide
state-mandated services those decisions will ultimately be made.
Mayor Dirksen complimented staff, the Planning Comrnission and the Policy Interest Team on their forthright but
not aggressive stance in the language used in this section.
6. COUNQL LIAISON REPORTS (This Agenda Item was heard out of order, after Agenda Item No. 7.)
9:05:23 PM Councilor Buehner gave an update from an Urban Reserves Committee meeting. She said they met to primarily make
a decision on the initial study area. She noted there were a number of comments from the public and from cities.
Ultimately, the Committee Chair suggested that the boundary as proposed should be adopted. She said she raised issues
about the northern boundary and was given assurance that the issue could be brought forward and the boundary could be
adjusted in the future. She said the decision about flexibility would be entered into the minutes. She said there was also a
presentation on future land for manufacturing and industrial development. She said there would be a series of meetings at
Metro in the fall and she will attend as many of these meetings as possible.
9:08:41 PM Mayor Dirksen said he felt the best option for industrial land in the Metro area is redevelopment of North or
Northeast Portland land that is under-utilized and adjacent to river and major transportation routes. The infrastructure is
already there and there is a lot of land out there that is not being used to its highest extent. Councilor Buehner said she
agreed on the issue of redevelopment.
7. NON AGENDA ITEMS
9:03:10 PM Mayor Dirksen said there was a non-agenda item which was consideration of a resolution to form a Citizen
Advisory Committee for the Transportation System Plan task force. He asked if there was a staff report. Senior Planner
Wyss said there was none. Mayor Dirksen asked if there was any discussion on Resolution No. 08-54 Establishing a
Citizen Advisory Committee to Guide the Preparation of the Tigard Transportation System Plan and Deciding the
Membership of the Committee. He announced that the membership would include one member from the Planning
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 of 10
Commission, a member from the Transportation Financing Strategies Task-Force, a member from the Tigard Chamber of
Commerce, and four citizens-at-large. Councilor Buehner moved for approval of Resolution No. 08-54, as amended.
Council President Sherwood seconded the motion. Mayor Dirksen asked the Deputy Recorder to read the title and
number of the Resolution. A vote was taken and the Resolution passed unanimously.
Yes No
Council President Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buehner ✓
8. ADJOURNMENT
9:09:44 PM Councilor Woodruff moved for adjournment and Council President Sherwood seconded. The motion
passed by unanimous vote.
Yes No
Council President Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buehner ✓
Carol A.Krager, Deputy City Rec er
Attest:
r
M r ty o iga '
Date: 0 " r •
I:\ADM\CAR0L\Counci1\080909 business
TIGARD CITY COUNCIL/LCRB AGENDA - September 9, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 10 of 10
EXECUTIVE STAFF PROPOSED LEGISLATIVE PRIORITIES
Transportation Funding
Land Use: The Big Look
Library: Patron Confidentiality
VW=*Cess to information
Intellectual Freedom
From the LOC list:
F: Increase flexibility of transient lodging taxes
H New authority to allow cities to create service districts within city boundaries
Need to discuss these for the long term. What "triggers" the discussion?
I: Revise Ethics laws
J. Restrict firearms in public buildings (legallyok?)
K. Legislation on profit from metal theft
L. OWIN - city representation
P. Ensures labor arbitrators use same type and site of jurisdiction as comparables
Q. Alternative revenue system for telecommunications providers and oppose
preemption of franchising rights-of-way and taxing authority.
I:\ADM\LIZ\EXECUnVE STAFF PROPOSED LEGISLATIVE PRIORITIES080909.docx
Fro 01 Zeloyu e O &YV O ~ G/ 7~,-e_p
i '
City of: / Please mark 4 boxes with an X that reflect the top 4 issues that your city
recommends be the priorities for the League's 2009 legislative agenda.
Community Development
❑ A. Recapitalize the Special Public Works and Water/Wastewater fund with a minimum level of funding of $80 million for local
infrastructure projects.
❑ B. Fund the Regional Investment Board program with a minimum level of funding of $15 million- providing an allocation of $2
million per each of 7 regions, plus a maximum of $1 million for administrative expenses.
Ener
❑ C. Initiate legislation to ensure that cities may collect franchise fees from all electricity providers that utilize city owned rights-
of-way.
❑ D. Ensure that any carbon reporting legislation introduced be neither burdensome to cities administratively or financially and
provides reliable data.
O E. Support climate change legislation that promotes the use of financially viable clean renewable resources and provides
financial and technical assistance to cities for energy efficiency projects.
Finance & Taxation
❑ F. Support changes to the property tax system that maintains stability and predictability, while providing greater sufficiency for
needed city revenue, and minimizing inequities for property owners.
❑ G. Support statutory changes to allow increased flexibility of the use of transient lodging taxes to offset expenditures for
tourism related services.
OH. Support new, statutory authority to allow cities to create service districts within city boundaries, establish a permanent
property tax levy, and fund specific urban services within the district.
General Government
❑ I. Work towards an ethics policy that protects the interest of the public but is clearly understood by all and does not intrude into
the private lives of Oregon's city leaders.
O J. Initiate legislation to allow local government to restrict the possession of a firearm in publically owned buildings.
❑ K. Work with other stakeholders to pass legislation to make it more difficult for thieves to profit from metal theft.
❑ L. Pursue legislation that ensures city leaders are represented on the governance structure of the Oregon Wireless
Interoperability Network and advocate for a funding level that will allow all public safety first responders to communicate
seamlessly.
Human Resources
❑ M. Advocate for a funding level for the Employment Relations Board that will allow the Board to resolve cases in a timely
manner.
❑ N. Amend ORS 241*6(4)(a) to read "Interest and welfare of the public as determined by the governing officials of the
jurisdiction"
❑ O. Initiate legislation to require labor arbitrators to consider the total cost to the employer of salary and benefit awards instead
of benefit provided to employees.
❑ P. Work to ensure that labor arbitrators must use the same type and size of jurisdiction as comparables when comparing
compensation and benefit packages.
Telecommunications
❑ Q. Move to an alternative revenue system for telecommunications providers and oppose preemption of city franchising, rights-
of-way and taxing authority.
OR. Support a statewide broadband policy for Oregon.
Transportation
❑ S. Support a city transportation package for preservation funding shortfall (as outlined in the full Transportation Committee recommendation).
Water/Wastewater
OT. Recapitalize the Agriculture and Community Water Act (sB 1069, 2008 session) - Support the Water Resources Department's
Policy Option Package #118. $5,279,000 General Fund, 2 FTE.
❑ U. Establishment of a Water Supply, Conservation, and Reuse Construction Fund - Support the Water Resources Department's
Policy Option Package #119. $50,000,000 Lottery Backed Bonds.
O V. Climate Change and Basin Yield Analysis - Support the Water Resources Department's Policy Option Package # 108.
$470,000 General Fund, 1 FTE.
❑ W. Establish a Statewide Drug Takeback Program - Support the Drug Takeback Task Force Recommendations
0 X. Oppose legislative attempts to require end of pipe standards by preempting mixing zones.
I
LOC Policy Committees' Legislative Recommendations
Priority Description
f 4 t ~ 6' t t -e.k 1' p 4 '`fir &
t "ifiupity Developments > tax L w, ~ i y 1 a tuY }aT. tF'.t
A. Recapitalize the Special Public The state's Special Public Works Fund and the Water/Wastewater Fund are used to
Works and Water/Wastewater finance water and sewer systems, public buildings, road construction, downtown
fund with a minimum level of revitalization, energy and communications facilities, land acquisition, environmental
funding of $80 million for local clean-up, and port facilities. There has not been a significant re-investment by the state in
infrastructure projects. the fund for several biennia, despite growing infrastructure demand.
B. Fund the Regional Investment The Regional Investment Program, a state-funded regional economic development and
Board program with a minimum diversification program received minimal funding in the past session. The regional boards
level of funding of $15 million- seek to develop strategies for economic development in each region of the state, focusing
providing an allocation of $2 on investments that contribute to the creation/retention of jobs and the leverage of short
million per each of 7 regions, and long term investments. Historical funding amounts have ranged from $7-22 million
plus a maximum of $1 million for per biennium.
~tadministrative expenses. ,
arF
C. Initiate Glegislation to ensure that In 1999 the Oregon Legislature passed a law to deregulate the electricity market, meaning
cities may collect franchise fees that large utility customers were allowed to purchase their electricity from an energy
from all electricity providers that provider other than Portland General Electric or Pacific Power and Light. The Legislature
utilize city owned rights-of-way. had intended to protect city franchise fees by allowing cities to utilize an alternative
calculation method for computing franchise fees based on power volume as opposed to
gross revenue. An unforeseen flaw in the proscribed calculation method has resulted in
significant franchise fee reductions in some Oregon cities.
D. Ensure that any carbon reporting Legislation requiring carbon emitting entities to report their emissions failed during the
legislation introduced be neither 2008 February Special Session but is widely expected to return in 2009. Existing carbon
burdensome to cities reporting systems in other states have proven to be confusing for filers and may not
administratively or financially provide accurate data for policy makers and the public.
and provides reliable data.
E. Support climate change It is anticipated that that Governor Kulongoski will introduce legislation to promote
legislation that promotes the use additional energy efficiency and renewable energy production as well as a carbon "cap-
of financially viable clean and-trade" system. A cap-and-trade system would establish a maximum limit on carbon
renewable resources and provides emissions but would give credits to entities that produce less than the limit that could be
financial and technical assistance sold to businesses that are unable to or unwilling to reduce their emissions. A portion of
to cities for energy efficiency the "carbon credit" sales would be placed in a fund to assist with energy efficiency and
projects. conservation projects. Making these funds available to cities would allow cities to
continue to pursue energy and cost saving projects that benefit all rate and tax payers.
Page 1 of 5
LOC Policy Committees' Legislative Recommendations
Finance & Ta anon s r Y: ~ : 3s ; z{.= r.
F. Support changes to the property Local government's ability to raise revenue is severely restricted by Measures 5 and 50,
tax system that maintains stability which have also imposed strict limitations on the ability of local governments to respond
and predictability, while providing to changing fiscal conditions and to adequately fund essential services. Modifications to
greater sufficiency for needed city the property tax system may require a long term, multi-session effort, with revisions to the
revenue, and minimizing Oregon Revised Statues and/or the Oregon Constitution.
inequities for property owners.
G. Support statutory changes to allow Many cities incur substantial service expenditures necessitated by out-of-area residents or
increased flexibility of the use of tourists. This proposal would allow additional use of transient lodging tax revenues to
transient lodging taxes to offset offset expenditures for tourism related services, in addition to the current use of tourism
expenditures for tourism related related facilities.
services.
H. Support new, statutory authority to Federal funding for major infrastructure improvements has steadily declined for the past
allow cities to create service several decades. Existing state and local resources barely keep up with the need for
districts within city boundaries, replacement infrastructure for existing development, with no consideration to areas that
establish a permanent property tax are rapidly urbanizing with new development and needed infrastructure. The formation of
levy, and fund specific urban city service districts, located solely within city limits, to provide urban services would
services within the district. increase the "tools" cities have to provide needed services.
hGe"neral GOVe'rnment
1. Work towards an ethics policy that Oregon's current ethics laws require public officials to disclose the names of family
protects the interest of the public members to the Oregon Government Ethics Commission and extend gift limits and
but is clearly understood by all prohibitions to the family members of public officials. Additionally, gift limits,
and does not intrude into the exemptions and reporting requirements are not clearly understood by public officials or
private lives of Oregon's city the public at large.
leaders.
J. Initiate legislation to allow local Current law prohibits municipal governments from prohibiting the holders of concealed
government to restrict the weapons permits from carrying a weapon into a public building but allows private
possession of a fireagn in building owners to prohibit such conduct. The General Government Committee believes
publically owned buildings. that it should be left to the discretion of the city government as to whether or not it should
be permissible to carry weapons in public buildings.
K. Work with other stakeholders to Metal theft has become a common method for drug addicts to support their addiction and
pass legislation to make it more has resulted in significant losses to the utility and construction industries as well as to
difficult for thieves to profit from public works departments. A coalition of industry and public safety stakeholders have
metal theft. proposed legislation that will require scrap metal dealers to mail checks to sellers instead
of paying in cash, make it unlawful for scrap buyers to purchase obviously stolen material
and require dealers to keep records of transactions and make those records available to
police.
L. Pursue legislation that ensures city The Oregon Wireless Interoperability Network (OWIN) is a proposed communication
leaders are represented on the system that will allow all emergency workers to communicate across agency lines. The
governance structure of the league endorsed the project in 2006 with the condition that cities be included in the
Oregon Wireless Interoperability governance structure of OWIN, that subscription to OWIN be voluntary and that OWIN
Network and advocate for a provide service to the entire state.
funding level that will allow all
public safety first responders to
communicate seamlessly.
Page 2 of 5
LOC Policy Committees' Legislative Recommendations
L t 4- s s.~ ~ a r. 5 u ~ t a i .r ; },r
Human Resources' ti 5t F iu { r, r ; ~i Y` r S4 d xz ' ` x h x 4 6 r~
4.
M. Advocate for a funding level for The ERB is currently understaffed and the pay scale for board members is below the
the Employment Relations Board market for labor attorneys. A fully staffed ERB would be able to resolve labor disputes
that will allow the Board to more quickly and improving the salary range would make board positions more attractive
resolve cases in a timely manner. to qualified candidates.
N. Amend ORS 243.746(4)(a) to read Labor arbitrators are required to consider the interest and welfare of the public when
"Interest and welfare of the public resolving contract and labor disputes but current state law allows an unelected arbitrator to
as determined by the governing define what that interest and welfare are.
officials of the jurisdiction"
0. Initiate legislation to require labor Current collective bargaining statutes require arbitrators to consider the ability of an
arbitrators to consider the total employer to pay before awarding a decision on salary and benefit packages but arbitrators
cost to the employer of salary and typically use the amount paid to an employee to determine cost as opposed the to the total
benefit awards instead of benefit cost to the employer when making such a determination.
provided to employees.
P. Work to ensure that labor Currently, it is common practice for an arbitrator compare rural cities to large
arbitrators must use the same type metropolitan special service districts that also reach into rural areas thus inflating
and size of jurisdiction as personnel costs beyond the ability of a city to pay. Additionally, arbitrators often
comparables when comparing compare larger Oregon cities to other West Coast cities that have larger populations and
compensation and benefit higher costs of living. Requiring arbitrators to compare Oregon's smaller and mid-sized
packages. cities to other Oregon small and mid-sized cities and allow larger Oregon cities to be
compared to cities of similar size and cost of living regardless of what region of the
United States they are in would provide a more accurate comparison.
Telecommunications k, 4 y ,
Q. Move to an alternative revenue Technology has advanced rapidly in the last decade and will continue to evolve in ways
system for telecommunications that cities cannot predict. This has led to significant implications for city rights-of-way
providers and oppose preemption authority and telecommunications revenues. Cities have experienced an onslaught of
of city franchising, rights-of-way challenges to franchising, rights-of-way, and taxing authority through local referrals, state
and taxing authority:, and federal legislation and litigation. Meanwhile, the predominate system of franchising
telecommunications providers has not kept pace with technology. In particular, the shift
from landline telephones to wireless technologies has resulted in an erosion of
telecommunications revenues. To protect city rights-of-way authority and preserve
critical telecommunications revenues, cities need to consider moving to an alternative
revenue system. The alternative revenue system proposal developed by a task force of
city officials is a gross revenues tax specific to telecommunications providers. The
League anticipates beginning discussions during the 2009 legislative session, but that this
issue would be a multi-session effort. For additional information, please access the
"Telecommunications Tool-Kit" located on the Premium section of the League's Web
site.
R. Support a statewide broadband Access to broadband services has become essential to Oregon's ability to compete in a
policy for Oregon. global economy. While individual communities have been proactive in pursuing
broadband technologies, to ensure Oregon remains competitive, Oregon must undertake a
statewide comprehensive approach to meet the infrastructure and service demands of
citizens and businesses. The benefits of a statewide broadband policy reach far beyond
the economic gains of attracting businesses and workforce productivity to applications
that are integral to peoples' quality of life. From applications such as telemedicine to
distance learning, implementation of a statewide broadband policy has the unparalleled
potential to reach rural and underserved areas-to change how people communicate and
provide every Oregonian with the opportunity to participate in the information age.
Page 3 of 5
LOC Policy Committees' Legislative Recommendations
~n1 3
7~~R ~J OtN~IYn fu! ~1 # PT 4 Y~'t k d _ ~1R. ? fd f 1' ~..~•,Y,'r~3~.
f
S. Support a city transportation Well maintained city streets provide vital vehicle, freight, pedestrian, bicycle, and transit
package for preservation funding connections in our communities. Local roads are falling into disrepair because:
shortfall that contains:
• The state gas tax has not increased since 1993;
• Road and bridge repair costs have increased by 70 percent since 1993;
➢ New resources need to be . City revenue from the gas tax is shrinking as city populations grow;
provided to cover a substantial
portion of the $160 million annual . The state has shifted costs to cities to pay for state-highway improvements; and
shortfall (2007 cost pricing) for
city transportation system funding. • The property tax limits enacted in the 1990s have forced cities to focus tax dollars
on public safety- removing a historic source of local road funding.
➢ The state funding formula for new
resources should be distributed on
the basis of "50-30-20" - 50 Cities need legislative action that will provide new revenues and policies that will aid in
percent to the state, 30 percent to maintaining and protecting this vital asset. In 2007, it was estimated that the funding gap
counties, 20 percent to cities. for municipal maintenance needs is $160 million per year- and will rise considerably as
the cost of oil continues to rise. Cities, counties and the state cannot address the
➢ "Off-the-top" funding proposals - challenges of Oregon's transportation system alone - we must work together, as partners,
appropriating state highway funds to meet those challenges by finding efficiencies, raising revenues and preserving local
prior to formula distribution - revenue tools.
should be avoided as they reduce
the ability of cities and counties to
meet their existing needs.
➢ Maintaining city authority for
creative transportation system
funding with continued flexibility
on how the funds are used -
without referral to voters - is a
vital component of the funding
scheme.
➢ Index the state fuel tax for
inflation or allow for other
comparative cost adjustment
factor.
➢ Identify new resources for urban
and rural transit.
➢ Support the existing constitutional
provisions regarding the use of the
state highway funds and cost
responsibility.
➢ Support the development of new,
environmentally-friendly funding
sources for
maintenance/m odem ization/operat
ions/multimodal, such as carbon
emissions fees, VMT charges, and
tolling new or existin
Page 4 of 5
LOC Policy Committees' Legislative Recommendations
transportation facilities.
"GEa
S11 ♦ x
Watery Fa3 y ~n,f~l a`xi ~fqi~ l r i a.` .yD 7 'k. d> '3
T. Recapitalize the Agriculture and The legislature passed SB 1069 in the 2008 February session which established a grant
Community Water Act (SB 1069, fund for the up-front study costs of water supply, conservation, and reuse projects. While
2008 session) - Support the Water the original bill called for $10 million to be placed in the fund, the Legislature only
Resources Department's Policy allocated $1.25 million. Assuming those funds will be committed in 2008; this priority
Option Package #118. $5,279,000 seeks to recapitalize the fund at $5 million.
General Fund, 2 FTE.
U. Establishment of a Water Supply, The Water Resources Department is introducing a Policy Option Package to establish a
Conservation, and Reuse fund for the construction of water supply, conservation, and reuse projects. The fund
Construction Fund - Support the would issue both loans and grants for project construction and would be funded through
Water Resources Department's the issuance of $50 million in lottery backed bonds.
Policy Option Package #119.
$50,000,000 Lottery Backed
Bonds.
V. Climate Change and Basin Yield The Committee believes it is imperative to gain an understanding of our changing
Analysis - Support the Water hydrograph. This package seeks to dedicate $300,000 in research funds to model how
Resources Department's Policy surface water hydrographs will change in Oregon's rivers and streams as a result of
Option Package # 108. $470,000 decreased winter snowpack, early seasonal run-off, and other effects of climate change.
General Fund, 1 FTE. This package would also provide funding for one surface water hydrologist to estimate the
volume of water per month that runs off of each basin in Oregon. This information will
help water providers project their water demands in the future and better understand the
effects of climate change.
W. Establish a Statewide Drug The Committee supports a toxics reduction and source prevention approach to reducing
Takeback Program - Support the bio-accumulative toxins in the environment in lieu of implementing expensive wastewater
Drug Takeback Task Force treatment technologies. One of the areas of concern is pharmaceuticals entering the waste
Recommendations stream. A task force has been working on the potential of developing legislation to
institute a drug take-back program based on the model of the electronic waste take-back
program instituted by the 2007 legislature. The Task Force is targeting this fall for a
timeframe to release the specifics of such a proposal.
X. Oppose legislative attempts to Mixing zones are zones of dilution for wastewater discharges which allow wastewater
require end of pipe standards by treatment plants to meet Clean Water Act permit requirements. Over the last two
preempting mixing zones. legislative sessions certain interest groups have introduced legislation to eliminate the use
of mixing zones in Oregon. These proposals would require municipal wastewater
treatment plant to remove discharges into rivers and streams or implement very expensive,
energy intensive technologies. Municipalities have instead focused on toxic reduction and
source prevention as the most effective way to remove toxics in the environment.
Page 5 of 5
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 07- 73
A RESOLUTION FORMALIZING TIE QTY OF TIGARD'S LEGISLATIVE PRIORITIES FOR TI-M
2008 LEGISLATIVE SESSION.
WHEREAS, the Oregon State Legislature will hold a supplemental session beginning February 4, 2008; and
WHEREAS, one of the City Council's 2007 Goals is to increase involvement with the State; and
WHEREAS, on October 16, 2007 and November 27, 2007 City Council discussed likely issues that may come
before the 2008 Legislature; and
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council the City Council consensus was to
direct staff to advise the City's legislative delegation of the City Council's 2008 Legislative Session priorities.
SECTION 1: The Tigard City Council identified the following priorities for the 2008 Oregon State legislature:
• Affordable Housing/Document Recording Fee: Take a proactive approach in support of
the fee and for introduction of an implementing bill in the 2009 Legislative Session.
• Transportation Funding: Advocate for an increase in the state gas tax that is indexed to
increases in population growth, cost of construction and inflation.
• "Big Look" Funding: Continue funding the project at the 2006-2007 level.
• Urbanization Issues: Status quo is unacceptable. Advocate for legislative action that directs
study and drafting of legislation regarding state annexation and incorporation statues, funding
for infrastructure, and urbanization and governance conflicts between counties and cities.
• Preemption of Local Revenue Sources: Protect all current City revenue sources against
reduction or pre-emption.
SE Cif ION 2: The City Council hereby directs the CityManager provide a copy of this Resolution to the
City's legislative delegation.
SECTION 3: This resolution is effective immediately upon passage.
day of L.2J'Yl hQa 2007.
PASSED: This ~
Mayor_- of Tigard
A T:
City Recorder - City of Tigard
RESOLUTION NO. 07 Page 1
Agenda Item
1 Meeting Date October 16 2007
Comm AGENDAITEM Sum ARY
City Of Tigard, Oregon
issue/Agenda `Title 2007 I:eeislative Session Agenda Prioiitie$
Prepared By... Liz Newton t~ Depr Head Approval: City Mgr Approval:. Vl
IssuE BEFORE Ti4E Comm
What-are the City's priorities for the 2,008 Oregon Legislative Session?
STAPP RECOMMENDATION
Provide direction to staff on the Council's priorities for the 2008 Legislative Session.
KEY FACTS AND INF bAMATION SUMMARY
The Oregon State Legislature will meet in February 2008 for the first "even year" session in' History: Since the session
will only be a month long, the number of issues brought before the body will be limited.
At the League of Oregon Cities (LOC) Conference in Bend, LOC Staff presented their list of "likely issues" for the
session to include the following.
• Oregon Wireless Interoperability Network (OWIN) Report
• Affordable Housing Document Recording Fee
• Medical Marijuana
• Office Of Rural Policy
• Additional Infrastructure Funds - $80 Million
• Winter Storage Grant Funds
• County Timber Payments
• Tort Limits (Pending. Supreme Court Decision)
• "Big Look" Funding
• License Plate Fee Bill
Transportation will likely be at the top of the list in the 2009 session. It may be prudent for the City to initiate
discussions with area legislators on transportation funding alternatives and priorities. Other issues the City night want
to wv fli-in on •include preemption of Home Rule and franchise fees.
After discussion on October 16, staff will bring the legislative priorities back for adoption on November 6, 2007.
OTHER ALTERNATNES CONSIDERED
N/A
r
CtTx CouNcn.. COALS
Council Goal #5: Increase Tigard's involvement with Washington Counts/, Metro, State, ODOT, TiiMet and Federal
government:
ATTAICHMENT LIST
N/A
"F SbA-LNoTE§
N/A
r.\sbn\ury• niuncl\nwnu1;4-.L iron nmmvca~'1N174in for Irp s,* pru.riWjflIb~tiiclU/3/47
1
i
i
i~
I
Agenda Item #CY ~L
Meeting Date 9/9/2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Establish a Transportation System Plan (TSP) Citizen Advisory Committee (CAC) and Determine nn
Committee Membership I✓
Prepared By: Marissa Daniels / Darren Wyss Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Discuss the proposed membership make-up of the TSP CAC.
STAFF RECOMMENDATION
Provide staff direction on the preferred membership make-up of the TSP CAC.
KEY FACTS AND INFORMATION SUMMARY
How will the City address traffic congestion in the community? Where could future bike/pedestrian paths potentially be
located? What streets are the best alternatives for public transit? These are the types of questions that the City will be
looking to answer over the course of the next year as the Tigard Transportation System Plan (TSP) is updated. An
updated TSP will help the City to prepare for future growth, while also addressing current transportation issues facing
the community. Some of the work needed to update the plan includes:
■ An inventory of existing conditions;
■ Forecasting of future demand;
■ Developing goals and policies to direct transportation decisions;
■ Completing a transportation systems solution report that addresses bicycles, pedestrians, public transit, motor
vehicles, freight movement, railroads; and
■ Identifying funding alternatives.
A lot of the work to update the TSP is technical and involves professional traffic analysis and modeling. However,
when identifying issues and solutions, the City places a high priority on citizen involvement in the process. Community
input on issues and solutions will help to ensure the TSP is an effective document that achieves its intended results. The
attached resolution establishes a citizen advisory committee (CAC) that will review and make recommendations on
draft work documents during the project. In addition, there will be several opportunities during the process for citizen
involvement. Three public forums will be held to provide the community time to review, discuss, and comment on
draft materials and an open house will be held near the end of the project for community review of the draft plan.
On August 12, 2008, Council approved Resolution 08-47 establishing a new process to select and appoint ad-hoc
citizen advisory committees. This resolution signifies the first step, which is to give notice to Council including a
purpose and charge statement with a sunset clause, stakeholder groups to be represented, and meeting protocols.
The second step will be staff solicitation and selection of qualified CAC members and a Resolution to Council for
appointment of committee members.
1:\1,1113LN\Council Materials\2008\9-9-08 AIS TSP CAC.doc 1
OTHER ALTERNATIVES CONSIDERED
None considered.
CITY COUNCIL GOALS
Council Goal No. 1 "Pursue opportunities to reduce traffic congestion in Tigard."
ATTACHMENT LIST
Attachment 1: Proposed Resolution Establishing a Citizen's Advisory Committee to Guide the Preparation of the
Tigard Transportation System Plan and determining the membership of the committee.
FISCAL NOTES
The total cost of the update itself is $166,500. The amount of $150,000 is funded from the TGM grant and $16,500
is funded through City in-kind contributions.
1:\1_RPLN\Councd Materials\2008\9-9-08 AIS TSP CAC.doc 2
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08-
A RESOLUTION ESTABLISHING A CITIZEN ADVISORY COMMITTEE TO GUIDE THE
PREPARATION OF THE TIGARD TRANSPORTATION SYSTEM PLAN AND DECIDING THE
MEMBERSHIP OF THE COMMITTEE.
WHEREAS, the City of Tigard applied for and received a TGM (Transportation Growth and Growth
Management) grant for the preparation of an update of the Transportation System Plan; and
WHEREAS, the project is administered by ODOT (Oregon Department of Transportation) and a project
consulting firm has been selected to prepare the plan; and
WHEREAS, a Citizen Advisory Committee is required to guide the preparation of the plan and to present the
completed plan to City Council; and
WHEREAS, individuals representing a wide variety of community interests are needed to form the committee
and provide input into the preparation of the plan; and
WHEREAS, Resolution 08-47 amends the process to form and appoint members to limited duration Citizen
Advisory Committees.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard Transportation System Plan Update Citizen Advisory Committee is hereby
established to guide the preparation of the plan. Its membership shall include representatives
of those categories listed below:
Planning Commissioner (1)
Member of the Transportation Financing Strategies Task Force (1)
Tigard Chamber of Commerce Representative (1)
Bike/ Pedestrian Advocate (1)
Transportation Disadvantaged Advocate (1)
Residents-at-large (2)
SECTION 2: The mission of the Citizen Advisory Committee is to:
(1) Review and comment on draft plan materials prepared by the project consultant; and
(2) Guide the preparation of the plan to ensure that the proposed plan meets community
needs; and
(3) Promote public understanding of the proposed plan.
SECTION 3: The Citizen Advisory Committee shall:
(1) Participate in at least three meetings conducted by the project consultant;
(2) Participate in up to three public forums and one open house to provide the public with
an opportunity to review the progress of the project and offer comments;
(3) Consider comments received by the public; and
(4) Present findings and recommendations to City Council upon completion of the plan.
RESOLUTION NO. 08 -
Page 1
SECTION 4: The Senior Planner is assigned as staff liaison to the Citizen Advisory Committee. Other City
staff will be used to support the Committee's activities as deemed necessary throughout the
entire process.
SECTION 5: The term of service for the members of the committee shall expire after completion of the
plan and presentation to City Council and the committee itself shall be terminated at that
point.
SECTION 6: This resolution is effective immediately upon passage.
PASSED: This day of 2008.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 08 -
Page 2
OPTIONAL:
RESOLUTION 08-54 -A RESOLUTION ESTABLISHING A CITIZEN ADVISORY
OOMMITTEE TO GUIDE THE PREPARATION OF THE TIGARD
TRANSPORTATION SYSTEM PLAN AND DECIDING THE MEMBERSHIP OF TIDE
COMMITTEE
a. Staff Report: Community Development Department
b. Council Discussion
C. Council Consideration: Resolution No. 08-54
Council Member: I move for adoption of Resolution No. 08-54
Council Member. I second the motion.
Mayor. Will the City Recorder please read the number and title of the
resolution?
City Recorder: RESOLUTION 08-54 - A RESOLUTION ESTABLISHING
A CITIZEN ADVISORY COMMITTEE TO GUIDE
THE PREPARATION OF THE TIGARD
TRANSPORTATION SYSTEM PLAN AND DECIDING
THE MEMBERSHIP OF THE GOMMITTEE
Mayor Is there any discussion?
Mayor (after discussion) All those in favor of adopting Resolution No. 08-54, please say
aye.
Mayor/Councilors
Mayor All those opposed to adopting Resolution No. 08-54,
please say "nay."
Mayor/Councilors
Mayor Resolution No. 08-54 (is adopted or has failed) by a
(unanimous, or however votes were split) vote of the Council
members present.
Noto Tie wta = fadu -m to
pass.
AGENDA ITEM NO.3 - CITIZEN CONaVIUNICATION DATE: September 9, 2008
(Limited to 2 minutes or less, please)
The Council wishes to hear from you on other issues not on the agenda, but asks that you fast try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses of persons who attend
orparticipate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record..
NAME, ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name• a* r
Also, please spell your name as it sounds, if it will help G L Y
the presidin oe ficer pronounce: /
N& -'so /V FFIT
Address 5) 2s- S-0i -A"
r
city
State zip r/
Phone No.
Name•
Also, please spe ur name as it sounds, if it will help
the presiding officer nounce:
5 1 L ~ ~.~C/r ~G(
Address q-&_'69
City
Sta Zip -Y -7
Phone No.
Name:
Also, please spell your name as it sounds, if it will help
the presiding officer pronounce:
Address
City
State zip
Phone No.
CITIZEN COMMUNICATION
1
MEMORANDUM
- Q;h\'k
I _r TO: Honorable Mayor & City Council Agenda Item No. V- -:2 -
V For Agenda of September 9, 2008
FROM: Cathy Wheatley, ty Rec er
RE: Three-Month Council Meeting Calendar
DATE: September 2, 2008
Regularly scheduled Council meetings are marked with an asterisk
September
9'1 Tuesday Council Business Meeting - 6:30 pm, Town Hall
16" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
23" Tuesday Council Business Meeting - 6:30 pm, Town Hall
30 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium
October
7 Tuesday Budget Committee Meeting, 6:30 p.m., Library 2nd Floor Conference Room
14" Tuesday Council Business Meeting - 6:30 pm, Town Hall
21" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
28" Tuesday Council Business Meeting - 6:30 pm, Town Hall
November
ill', Tuesday Council Business Meeting Cancelled (Veterans Day Holida~)
18" Tuesday Council Workshop Meeting- 6:30 pm, Town Hall
25" Tuesday Council Business Meeting - 6:30 pm, Town Hall (Meeting might be cancelled)
IAADM\Qty Council\3-month calendar for 080909cc mtg.doc
Tigard City Council Tentative Agenda 2008 Agenda Item No. ey, C -
Meeting of o~ad~
Meeting Date: September 9, 2008 Meeting Date: September 16, 2008 Meeting Date: September 23, 2008
Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m.
Location: City Hall Location: City Hall Location: City Hall
Greeter: Greeter: Greeter:
Materials Due @ 5: August 26, 2008 Materials Due @ 5: September 2, 2008 Materials Due @ 5: September 9, 2008
Craig Prosser Absent Craig Prosser Absent
Study Session - Time Sched. 45 min. - 0 Avail. Workshop Agenda Study Session - Time Sched. 45 min. - 0 Avail.
Volunteer Program Discussion - Liz N. - 15 min. Joint Meeting with Park and Rec. Council Team Building Touch-up Session per Cathy
Legislative Agenda Discussion-Liz N. - 15 min. Advisory Board - PW - SI - 30 min. Geoff Larkin, Transportation Policy Consultant re
TSP Citizen Advisory Committee Discussion - Issues & Light Rail - Liz N. - 45 mins.
Darren - 15 min.
Consent Agenda
Approve Res. Of Necessity to Acquire Real Estate Consent Agenda
through Condemnation in Tigard LID area-Gus RES LCRB-Award Contract for City Facility Landscaping
LCRB - Award Contract for 08-09 Pavement Major Dennis K.
Maint. Program - Phase II - Vannie - MO
Approve Royal Rosarian Foundation Grant App.
Chief D.
Approve Bicycle Safety Mini-Grant App. - Duane -
RES Business Meeting
Establish a Citizen Advisory Committee to Guide Chamber of Commerce Rep. - 10 min.
Preparation of an Updated Transportation Sys. Downtown Urban Design Vision Refinement:
Plan - Darren W. - RES Presentation of Final Document - Sean F.
Business Meeting 30 min. - PPT
THS Student Envoy - 10 min. Annual Police Department Update - Chief D. - 30 min.
Proc. - National Drug & Alcohol Recovery Month Qwest Communication Corp. Utility Franchise
- Joanne - 5 min. Request - Loreen - RES - 30 min.
Qtrly Report - Capt. Dawson - TVF&R - 10 min.
Workshop - Comp. Plan - Urbanization- Darren W.
60 min- ORD
Time Avail: 120 min. - Time Scheduled: 85 min. Time Avail: 180 min. - Time Scheduled: 30 min. Time Avail: 120 min. - Time Scheduled: 100 min.
Time Left: 35 min. Time Left: 150 min. Time Left: 20 min.
Page 1 of 4
9/2/2008 1
Tigard City Council Tentative Agenda 2008
Meeting Date: September 30, 2008 Meeting Date: October 7, 2008 Meeting Date: October 14, 2008
Meeting Typefrime: 5th Tuesday/7-9 p.m. Meeting Type/Time: Budget Comm./6:30 p.m. Meeting Type/Time: Business/7:45 p.m.
Location: PW Building Aud. Location: RRCCR Location: City Hall
Greeter: Greeter: Greeter:
Materials Due @ 5: Materials Due @ 5: September 30, 2008
Fifth Tuesday Meeting Budget Committee Meeting No Study Session - (See below)
Meeting with Budget Committee
Loreen M. - 60 min. Council attending WES event.
- No Study Session
- Business Meeting to start at 7:45 p.m.
Consent Agenda
Consider First Restated Intergovernmental Coop.
Agreement Creating Willamette River Water Coali-
tion - Dennis K.
Business Meeting
THS Student Envoy - 10 min.
Public Hearing - Comp Plan Amendment - Goal 14
Urbanization - Darren W. - 60 min.
Comp Plan Workshop - Introduction and
Definitions - Darren W. - 60 min
DUE TO LATE START OF MTNG THERE
WILL BE NO MORE AGENDA ITEMS
Time Avail: 120 min. - Time Scheduled: 130 min.
Time Left: -10 min.
Page 2 of 4
9/2/2008 1
Tigard City Council Tentative Agenda 2008
Meeting Date: October 21, 2008 Meeting Date: October 28, 2008 Meeting Date: OCTOBER TBA
Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Joint w/TTSD
Location: City Hall Location: City Hall Location: TBA
Greeter: Greeter: Greeter:
Materials Due @ 5: October 7, 2008 Materials Due @ 5: October 14, 2008 Materials Due @ 5:
Workshop Agenda Study Session - Time Sched. 0 min. - 45 Avail. Special Meeting
Joint Meeting with Planning Commission - CD -
30 min. - SI
Discussion of a Proposed Trespass and
Exclusion Ordinance to Establish General Rules Consent Agenda
of Conduct on City Property - Chief D. 30 min.
Re-evaluation of the Street Maintenance Fee
Rate - Gus - 30 min.- PPT
Business Meeting
Chamber of Commerce Rep. - 10 min.
3rd Quarter Goal Update - Craig P. - 15 min. -SI
Public Hearing - Comp Plan Amendment - Intro-
duction and Definitions - Darren W. - 60 min.
Approve a Trespass and Exclusion Ordinance to
Establish General Rules of Conduct on City
Property - Chief D. - 10 min,
Time Avail: 180 min. - Time Scheduled: 90 min. Time Avail: 120 min. - Time Scheduled: 95 min.
Time Left: 90 min. Time Left: 25 min.
Page 3 of 4
9/2/2008 1
Tigard City Council Tentative Agenda 2008
Meeting Date: November 11, 2008 Meeting Date: November 18, 2008 Meeting Date: November 25, 2008
Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m.
Location: City Hall Location: City Hall Location: City Hall
Greeter: Greeter: Greeter:
Materials Due @ 5: October 28, 2008 Materials Due @ 5: November 4, 2008 Materials Due @ 5: November 11, 2008
Study Session - Time Sched. 9 Workshop Agenda Study Session - Time Sched. 0 min. - 45 Avail.
Consent Agenda
Consent Agenda
Business Meeting
Business Meeting
Chamber of Commerce Rep.- 10 min.
QJPH - Tri-County Shopping Center Significant
Wetland Map Amendment - Gary P. - 15 min. -ORD
NOTE - MEETING IS CANCELLED DUE Youth Advisory Council Update -S Huiras - 20 min
TO VETERANS DAY HOLIDAY
Time Avail: 180 min. - Time Scheduled: 0 min. Time Avail: 120 min. - Time Scheduled: 45 min.
Time Left: 180 min. Time Left: 75 min.
Page 4 of 4
9/2/2008
Agenda Item No. C--
FIFTH TUESDAY MINUTES - JULY 29, 2008 Meeting of 9 ~d0
City of Tigard Public Works Building, 8777 SW Burnham St, Tigard OR
7:00 p.m.
Present: Mayor Dirksen, Councilors Buehner and Sherwood
Facilitator: Basil Christopher
Staff: Carol Krager
Citizens: Dave Noles, James C. Parsons
Issue 1- Code Compliance - Home Occupation Permits (Cabinet Business)
Mr. Noles asked if HOP's receive periodic review by the City for compliance. He is
concerned that a neighbor may not be in compliance with his original HOP. He asked:
- Did Mr. Stitt receive a Type I or Type II HOP?
- Were neighbors within 500' supposed to be notified of his HOP?
- Can there be a checklist for staff to use at the time of a home occupation pen nit
application that requires verification of a valid business license?
- Is there a HOP annual fee and some review to ascertain whether a business
diversified during the year since the original HOP was received?
Council advised him that he could submit a request for any records related to a HOP and
suggested that he ask Permit Center staff about the types of HOP's and their requirements.
Mr. Noles expressed concerns about industrial activities in neighborhood yards and said he
would like the City Code expanded to include not only what is disallowed, but also a list of
approved home occupations. Mayor Dirksen agreed that this should be examined and that
some commercial activities don't belong in neighborhoods.
Issue 2 - Code Compliance - Home Occupation Update (Welding Business)
Mr. Noles asked about the status of another home occupation permit holder behind his
house. He noted that this property owner had been taken to court by the City but was not
given a compliance deadline. He said this property owner has not achieved compliance.
Mayor Dirksen said Mr. Noles could petition the court for action on the judgment. Council
said the Code Compliance Officer will be contacted to see what follow up is being done on
this property
Issue 3 - Other Code Enforcement Issues
Mr. Noles showed a photograph of a newly constructed garage that received City inspection,
yet an out-of-compliance shed was apparently not cited. He requested that City Inspectors
be required to look around a yard for other violations when inspecting a property.
Fifth Tuesday Meeting Minutes - July 29, 2008 1
Mayor Dirksen said he agreed and would ask Community Development about this.
Mr. Noles repeated his idea of requiring Tigard property sellers to bring everything up to
code prior to sale of their property. Councilor Sherwood said this was discussed with staff
who determined that since government is not aware of home sales until the deed is recorded
with the County it would be too late then. She said this was not feasible and may not be
legal.
Issue 4 - Status of Structures in Setback Compliance
Mr. Noles requested an update on the setback compliance progress. He presented Council
with photos taken recently of what appeared to him to be violations of the setback
requirements. He expressed frustration that he and several of his neighbors received
citations and were required to come into compliance, yet many structures remain.
- Council said Community Development staff will be asked for an update and
someone will get in touch with Mr. Noles.
Councilor Sherwood said she noted many structures were removed so the word got out to
people on this. Mr. Noles asked if Council's direction was to include side and back yards in
this compliance effort.
-Mayor Dirksen said the Code is not limited to the front yard. He said he will talk
to City Manager Prosser and Community Development Manager Coffee but to him
the front yard should be the focus.
Mayor Dirksen reiterated his support for complaint-driven code enforcement. He
acknowledged the backlog with having one compliance officer but said he preferred not to
have the Gty in everyone's, backyard looking for violations.
Issue 5 - Hazardous Black Locust Tree near RR Tracks (Commercial St. & Hall Blvd.)
Mr. Parsons brought in a bough he cut from a thorny tree overhanging the sidewalk near the
railroad tracks at Commercial and Hall. He said it is a hazard to pedestrians and cyclists and
is also causing the sidewalk to heave. He noted that this is a non-native species and asked if
the City could put it on a list for eradication.
- Facilitator Christopher said he will follow up with ODOT about removing this tree
and copy the City on any correspondence.
- Staff needs to confirm with Council and Mr. Parsons about what the law is regarding
someone (besides a property owner) removing brush or tree limbs extending into the
public right-of-way or into the neighboring property.
- Staff needs to confirm whether this tree species is on a list of unwanted species.
Council asked if this is part of the Tree Code.
- Other locations where this tree extends into bike/pedestrian lanes are on Hall Blvd.,
Garden Park and Fanno Creek Trail (on Tiedeman). Can Park staff be on the
lookout and remove when this is found on City property?
Fifth Tuesday Meeting Minutes - July 29, 2008 2
Issue 6 - Other Bike Issues:
a. Identify streets near bike path intersections
Mr. Parsons requested that the City install signs on the bike paths identifying the streets they
cross. He said this would be helpful in case of the need to report a location to police,etc.
b. Bike Lane Width on Hall Blvd.
Mr. Parsons asked why the bike lane width varies so much on Hall Blvd. between
Commercial and the Fanno Creek Bridge. He said it is only 18" in some places and changes
were made due to WES Construction. Council agreed that this is an ODOT issue.
Mayor Dirksen mentioned Council's proposal to decouple bike lanes from busy streets when
there are better and safer parallel streets. Mr. Parsons asked that Tigard not, "take anything
away from cyclists" and said he wants the ability to ride his bike down Highway 99W. He
said cyclists have a certain expectation of behavior for car drivers on busy streets that would
not be present on neighborhood streets.
c. Business Parking Lot Striping in Pedestrian Access on Hall/99W
Mr. Parsons said he was assaulted by the Tigard Auto Center business owner on Hall Blvd.
and 99W as he was photographing his parking area. He said auto repair customer vehicles
are parked in such a way that wheelchairs and bicycles are forced onto Pacific Highway. He
said his photographs of the incident are posted on flickr.com/photos/ufobike and would be
listed under SW Pacific Highway or SW Hall. He asked that the City ensure that curb stops
at this business do not allow cars to extend into the bicycle/pedestrian access.
Councilor Buehner suggested he file a police report on the assault and attempted biting.
d. Dangerous Storm Drain at McDonalds Restaurant on Main St.
Mr. Parsons said there was a storm drain that is hazardous to bicyclists because the metal
slats are too wide.
Mayor Dirksen said he thought the City had already retrofitted storm drains to make them
safer for bicyclists and pedestrians. Councilor Sherwood said this was on private property
and the owner may not have to do anything about it until they developed or made changes.
- Staff needs to check on whose responsibility this drain is.
- Can we add language in the Code about bike-friendly storm drains?
The meeting ended at 8:44 p.m.
Fifth Tuesday Meeting Minutes - July 29, 2008 3
Agenda Item # c/ 3 -a
Meeting Date September 9, 2008
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Award of Contract for construction of the FY 2008-09 Pavement Major Maintenance Program -
Phase II 9`h Ave Reconstruction
i
Prepared By: Vannie Nguyen Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Shall the Local Contract Review Board, by motion, approve a contract award for construction of the FY 2008-09
Pavement Major Maintenance Program - Phase II (79`h Ave Reconstruction)?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve a contract award to GVS Contracting in
the amount of $290,774.50 and authorize an additional amount of $29,000 to be reserved for contingencies and applied
as needed as the project goes through construction. The total amount committed to the project is therefore
$319,774.50.
KEY FACTS AND INFORMATION SUMMARY
• The FY 2008-09 Pavement Major Maintenance Program is divided into three phases: Phases I and III are the
installation of pavement overlay and application of slurry seal, respectively, on various City streets. The
construction for both Phases has been completed.
• Phase II, this project, is the reconstruction of 791h Ave. This Phase includes the following work:
- Correct the pavement and sub-structure deficiencies by replacing the unstable rock base and failed surface
with new materials.
- Widen the street to allow for bike/pedestrian travel and provide the proper width on the travel lanes.
- Install concrete curb, upgrade the water main, and improve the storm drainage system.
• While the purpose of Phase II is to restore the structural integrity of the street and to replace the deteriorated
pavement with a new pavement surface, it will not improve the street to the full standard required for the
street's classification. Full street improvements would be completed through private development projects along
the street or possibly through a future City project to be funded through sources other than the Street
Maintenance Fee Fund. There are no private development projects currently proposed along this segment of
79`h Avenue, and it may be many years before the adjacent properties are redeveloped. This project will upgrade
the street to safely accommodate two-way traffic, pedestrians and bicyclists, pending widening to ultimate width
as redevelopment occurs in the area.
• The project was advertised forbids on August 12, 2008 in the Daily journal of Commerce and on August 14,
2008 in the Times. A project addendum regarding water meter installation was issued on August 22, 2008.
• Eleven bids were received and opened on August 26, 2008 and the bid results are:
GVS Contracting Newberg, OR $290,774.50 (lowest bid)
Civil Works NW Vancouver, WA $293,806.90
Eagle-Elsner Tigard, OR $306,830.00
Rutan Construction Hillsboro, OR $317,656.84
Landis & Landis Marylhurst, OR $328,966.50
K&G Construction Hillsboro, OR $331,754.54
Kodiak Pacific Tualatin, OR $378,939.50
Parker Northwest Oregon City, OR $379,129.05
Excel Excavation Tualatin, OR $399,547.00
Kerr Contractors Woodburn, OR $403,815.00
Dirt & Aggregate Interchange Fairview, OR $459,791.50
Engineer's Estimate Range $312,000 to $359,000
• The Engineer's estimate range announced at the Bid opening was $265,000 to $305,000. However, the estimate
was incorrect due to a math error that was later discovered during the preparation of the bid tabulations. The
estimate has been revised and will be posted on the City's website.
• Phase II's Bid schedule includes three sub-schedules for the purpose of assigning an appropriate funding source
to each type of work. The Street Maintenance Fee Fund covers the reconstruction, the Gas Tax Fund allows for
the widening and the Water Fund pays for the water upgrade.
• The bids submitted by GVS Contracting for the three sub-schedules and their total are as follows:
- Reconstruction: $111,506.75
- Widening: $75,937.80
- Water Upgrade: $103,329.95
Total: $290,774.50
• The lowest bid submitted is within the Engineer's estimate range and is relatively close to the next two lowest
bids. GVS Contracting's bid was also reviewed for completeness and responsiveness. Staff recommends
approval of the contract award to this lowest bidder.
• Upon Council approval of the contract and after a Notice to Proceed has been issued, GVS Contracting is
expected to start the construction in early October and complete the project in November of this year.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
"Pursue immediate low-cost projects to improve traffic flow". This low cost project, which reconstructs the street,
restores the pavement surface, and widens the street will improve traffic flow and enhance public safety.
ATTACHMENT LIST
Project location map
FISCAL NOTES
The project will be funded through the following funding sources:
- Street Maintenance Fee Fund: $178,000 (remaining fund balance after completing the PMMP - Phases I
and III)
- Gas Tax Fund: $125,000
- Water Fund: $120,000
These funds are sufficient to award a contract of $290,774.50 to GVS Contracting and to provide a contingency
amount of $29,000 for a total project commitment of $319,774.50.
FY 2008-09 PAMEMENT MAINTENANCE PROGRAM-PHASE II
79TH AVENUE RECONSTRUCTION
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Agenda Item # L/• L!
Meeting Date September 9, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Resolution declaring the necessity to acquire certain real estate along S.W. Dartmouth Street for
street improvveem~ents r
Prepared By: G B ry Dept Head Approval: City Mgr Approval: v
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ISSUE BEFORE THE COUNCIL
Shall City Council approve the attached Resolution of Necessity to allow the acquisition of property needed for street
improvements to Dartmouth Street in the Tigard Triangle?
STAFF RECOMMENDATION
That City Council approve the attached resolution.
KEY FACTS AND INFORMATION SUMMARY
• On February 26, 2008, the City Council approved the formation of the Tigard Triangle Local Improvement
District (L.I.D.) No. 1 to improve certain streets within the Tigard Triangle to the standards set out in Chapter
16.20 of the Tigard Community Development Code including the north side of SW Dartmouth Street between
SW 69`h and 70`s Avenues.
• Improvements to SW Dartmouth will require 2,399 additional square feet of right-of-way. An appraisal
prepared for the City concluded that the land needed for the additional right-of-way had no measurable value.
• On July 22, 2008, an offer was presented to the owner to purchase the land for the minimum compensation
payment of $350 as established by the ODOT Right-of-Way Manual. That offer has been rejected.
• The proposed resolution submitted for Council consideration directs the City Manager and City Attorney to
negotiate for purchase of the property. If an agreement cannot be reached, it directs the City Attorney to take
all action necessary, including exercise of eminent domain, to acquire the property such that the construction
can proceed in a timely manner.
OTHER ALTERNATIVES CONSIDERED
Remove proposed improvements to Dartmouth Street from the Tigard Triangle Local Improvement District No. 1.
CITY COUNCIL GOALS
The additional right-of-way advances Goal No.1. - Pursue opportunities to reduce traffic congestion in Tigard.
ATTACHMENT LIST
Attachment 1: Proposed resolution
Attachment 2: Appraisal
FISCAL NOTES
$2.2 million is included in the FY 08-09 budget for the Tigard Triangle L.I.D. No. 1. The cost of acquiring the
additional right-of-way will be included in the amount to be assessed by the L.I.D.
I:tengX2008-2009 y cipUlgard triangle IW - spechOdartmouth rotwt9.9.08 dartmouth ais.doc
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HANNA, MCELDOWNEY & ASSOCIATES
8835 S.W. CANYON LANE, SUITE 405
PORTLAND, OR 97225
! (503) 297-9588 Fax: (503) 297-2835
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File No.: HMA #08-05
June 25, 2008
Greg N. Barry, Utilities Engineer
City of Tigard
13125 SW Hall Blvd.
ff! Tigard, OR 97223
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Dear Mr. Barry:
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In accordance with your request, I have prepared an appraisal report that estimates the market
value of the land described below which is located between SE 69th Avenue and SE 70th
f Avenue on the north side of Dartmouth Street in Tigard, Oregon, and that is part of real
property owned by Dartmouth Townhomes LLC. The following property right is needed in
order to proceed with the construction of the Dartmouth Street LID Project.
Dedication Deed for Road or Street Purposes 2,399 s.f.
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I have prepared the following report describing the methods used in arriving at the final
j conclusion of value. Basing my investigation on the analysis of the available information, as of
June 20, 2008, it is my opinion that the market value for the property rights appraised, based
on the ODOT Minimum Consideration Payment, is:
Three Hundred Fifty And No/100 Dollars
($350.00)
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I am submitting a report, herewith, containing property and valuation information. The
7 valuation stated herein is subject to the conditions and comments appearing in this report.
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Respectfully submitted,
j Roger D. Hanna, Certified Appraiser
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REAL PROPERTY
APPRAISAL REPORT
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f PROPERTY BELONGING TO
Dartmouth Townhomes, LLC
c/o John M. Kearney
' 2508 NE 24th Avenue
Portland, OR 97212
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f PREPARED FOR
Greg N. Barry, Utilities Engineer
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
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PREPARED BY
Roger D. Hanna, Certified Appraiser
j Hanna, McEldowney & Associates
8835 S.W. Canyon Lane #405
Portland, OR 97225
DATE OF VALUATION
June 20, 2008
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Project: Tigard Triangle LID Specht File 0586
HMA File t{: 08-05
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TABLE OF CONTENTS
Property Information Summary 1
j Tax Assessor Map 2
Zoning Map 3
Aerial Photo 4
Preliminary Considerations 5
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Project Information 7
Diagram of the Dedication 8
Pictures of the Dedication 9
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Property Description and Analysis 11
Neighborhood Description 12
! Site Description 12
Zoning 13
Highest and Best Use 13
1... Valuation . 15
Benefits and Damages 17
Summary of Valuation 18
Assumptions and Limiting Conditions 19
Certificate of Appraiser 21
ADDENDA
Legal Description of Taking
Dedication Deed
Page 4-6 of Conditions of Development
} Site Development Plan
Wetland Boundary Plan
j FEMA Flood Map
Appraisal Waiver Letter
Zoning Regulations
Appraiser Qualifications
Firm Qualifications
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PROPERTY INFORMATION SUMMARY
j Project: Tigard Triangle LID Specht 0586
Agency: City of Tigard
Owner: Dartmouth Townhomes, LLC, c/o John M. Kearney
I Address: 2508 NE 24th Avenue, Portland, OR 97212
Telephone: 503-248-4663
Property Location: Between SW 69th Ave. and SW 70th Ave. at Dartmouth St., Tigard, OR
i County: Washington
i Assessor's ID#: 1S136DD 07500, 07600
Account R0286586, R0286595
Zoning: MUE
Highest & Best Use: Residential
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Assessment Data: The County Assessor's "real market value" of subject is as follows:
' Land: $499,790.00
Improvements: $ .00
Total: $499,790.00
2007-2008 Taxes: $1016.92
Access: Before: SW 169th Avenue and SW 170th Avenue
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After: No change
Type of Taking: Partial Taking
Area of Entire Property: 0.89 acres (38,767 sf)
Area of Remainder: 0.83 acres (36,368)
Area in Right of Way Dedication: 2,399 sf
1 Valuation Summary: Entire Property: N/A
Remainder: N/A
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Land: $0.00
Improvements: $0.00
Damages: $0.00
Special Benefits: 0.00
Total: $0.00
Total Rounded: $350.00
* Minimum Consideration Value Per ODOT Right of Way Manual
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HANNA, MCELDOWNEY & ASSOC. PAGE 1
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AERIAL PHOTO
HANNA, MCELDOWNEY&ASSOC. PAGE 4
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PRELIMINARY CONSIDERATIONS
Type of Appraisal Report: This is a Summary Appraisal Report which is intended to comply
with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards
of Professional Appraisal Practice.
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f ODOT Compliance: To the extent possible, this appraisal report is intended to comply with
the standards established in the Oregon Department of Transportation (ODOT) Right of Way
manual including the following:
4.135 Valuation Basis Acquired property rights will be appraised at fair market
value... Easements and encumbrances affecting the use and development of the
property being appraised will be considered. The property will be appraised as
} though free and clear of all liens, bond assessments and indebtedness. The
property will be appraised at its highest and best use.
The appraiser shall disregard any increase or decrease in the fair market value of real
property, which is caused by the public improvement for which such property is to be
acquired, or by the likelihood that the property would be acquired for such improvement.
4.315 Fair Market Value All appraisals shall be made on the basis of fair
r market value. Fair market value is defined as follows:
"The amount of money, in cash, that property would bring if offered for sale by
one who desired but was not obliged to sell, and was bought by one willing but
not obliged to buy. It is the actual value of the property on the date of the taking,
with all its adaptations to general and special uses, that is to be considered.
However, nothing shall be allowed for prospective value, speculative value or
possible value based upon future expenditures and improvements. "
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Appraiser's Client: City of Tigard.
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Intended Users: The intended users of this appraisal report may include the following: the
client, the owner of the subject property, review appraisers, and State and Federal agencies.
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Purpose and Intended Use of Report: The purpose of this report is to estimate the fair market
value of the real property rights to be acquired under the eminent domain laws of the State of
i Oregon. The report will be used by the City of Tigard to assist in determining just
compensation for the property rights required for the Tigard Triangle Local Improvement
( District No. 1 project.
Effective Date of Value: June 20, 2008
Date of Report: June 25, 2008
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Scope of Work: The appraisal assignment consists of estimating the current market value of
the real property rights required for the Tigard Triangle Local Improvement District No. 1.
project that will be acquired by a local public agency. This assignment has been performed
within the context of applicable eminent domain laws in the State of Oregon, and other Federal
and State regulations and guidelines.
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In preparing this appraisal, the taking as part of the larger parcel was identified and examined,
i and an inspection was made of the subject property and surrounding market area. Information
was gathered about subject, subject's neighborhood, current zoning and allowed legal uses.
Comparable sales and market data was gathered from what is considered to be reliable sources
and independent confirmation of data was made where possible.
In appraisals of "partial takings" where the acquisition consists primarily of land, no inspection
was made of significant on-site improvements (houses, outbuildings, etc.) that lie outside of the
taking if they were not materially impacted by the project. Improvements within the taking were
inspected and included to the extent of their contributory value.
In developing an opinion of value, the appraiser prepared a highest and best use analysis of the
subject site and analyzed relevant comparable sales data. This included a level of research and
analysis of the subject property and related sales data necessary to support the value conclusion.
This report has been prepared in conformance with the reporting requirements of Standard 2 of
the Uniform Standards of Professional Appraisal Practice.
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PROJECT INFORMATION
t Description of Project: Right of Way is needed from the subject property for Dartmouth Street
improvements that will be constructed as part of the Tigard Triangle Local Improvement District
No. 1.
Property Rights Appraised: Right of Way Dedication.
Description of the Acquisition:
Dedication Deed for Road or Street Purposes - This right of way dedication consists of
` a narrow strip of land located along subject's entire Dartmouth Street frontage. The
easement contains 2,399 square feet and will be used to construct road improvements for
the above described project. The easement area is unimproved and covered with native
j trees and brush. (See the following diagram of the dedication.)
Current Use of Subject: Subject is currently vacant land.
Effect of Taking on Remainder: The Deed of Dedication for Road or Street Purposes reduces
the size of subject site by 2,399 square feet. The new right of way line along Dartmouth Street
will be located north of its present location. The primary impact to subject is the loss of land.
i However, the land required for this dedication was placed in a right of way reserve to be
dedicated for public right of way upon development. In addition, most of the area in the
dedication lies within a 50 foot wetland butter. In either case, the land is not available for
development. As such, there is no measurable impact to subject's development potential.
Economic/Uneconomic: The remainder is an "economic". remainder.
Impact to Access: No change.
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Report of Contact with Owner:
15 Day Notification Letter: None
Date of Personal Contact: None
Person(s) Contacted: N/A
Property Inspected: 6/20/08
i Comments: A 15-day appraisal notification letter was not sent by this appraiser. The
City of Tigard sent a Waiver of Notice letter to the property owner who signed a waiver
of the 15-day appraisal period on May 21, 2008. (A copy of the letter is included in the
addendum of this report.)
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WA`l ED CAT 'ON
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PICTURES OF THE DEDICATION
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View 1: Easterly from SW 70m Avenue showing dedication strip along Dartmouth Street. Picture I.D.: 3560 jpg
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View 2: Westerly from SW 69' Avenue showing dedication strip along Dartmouth Street Picture I.D.: 3561 jpg
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PICTURES OF THE DEDICATION
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View 3: Westerly along Dartmouth Street showing vegetation in dedication Picture I.D.: 3562 jpg
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View 4: Westerly about half way between 69' and 70° showing outfall of creek drainage. Picture I.D.: 3563 jpg
HANNA, MCELDOWNEY & ASSOC. PAGE 10
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PROPERTY DESCRIPTION AND ANALYSIS
Regional Description: The subject property is located within the Portland metropolitan area,
a region of the State that extends from Gresham west to Forest Grove and north from
Wilsonville to the Columbia River. This area encompasses a number of incorporated cities
which are unified by overlapping layers of government, notably METRO. This agency is
responsible for controlling the expansion of the Urban Growth Boundary (UGB) and setting
f policy for future urbanization. The current policy is directed towards greater residential density
through a process of "in-fill" in suburban communities currently within the UGB.
The metropolitan area has experienced substantial population growth during the last ten years.
Part of this growth is due to growth in the high-tech industries (Intel, Fujitsu, LSI, etc.) which
have located here. This growth is reflected in the yearly increase in passenger volume and
expansion of facilities at the Portland International Airport, located midway between Gresham
and Portland, and the relatively rapid expansion of urban and suburban residential subdivisions.
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In addition to the role METRO plays, the metropolitan area has become increasingly unified as
a result of the construction of transportation infrastructure, particularly the completion of the
Banfield Light Rail Line, the Westside Light Rail Line which runs from downtown Portland west
f to Hillsboro', and the North Interstate Avenue Line which runs north from' Portland towards
I Vancouver. Other lines continue to be discussed as part of the regional transportation plan.
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Equally important, the construction of new high-tech manufacturing plants in the suburban
communities of Vancouver, Gresham and Hillsboro has increased the supply of jobs in suburban
j markets which, to some extent, has reduced the reliance on downtown Portland as the primary
employment center. One consequence of this "restructuring" of the labor market is stronger
support for real estate markets in suburban communities.
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In December of 2002, approximately 18,000 acres were brought into the Urban Growth
Boundary with most of the new area (about 12,000 acres) located in east Clackamas County in
and around Damascus and Boring. This expanded area is projected to accommodate a large
segment of the growth anticipated in the Portland metropolitan area in coming years.
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Trends: The economic base of the Portland metropolitan area has become more diversified and
less reliant on the traditional wood products and farming industries, particularly with the
construction and expansion of high-tech manufacturing plants. This has increased the supply of
jobs in the Portland market and accelerated the demand for housing due to regional growth.
However, the regional housing market began cooling off in 2007, a continuing trend that
coincides with the decline in other states.
More recently, impacts to the mortgage lending industry, increased unemployment, and a
faltering national economy are having an effect on the local economy. Building permits are
down, housing sales are down and unsold inventory is up. The combination of these factors
j poses the threat of another recession in Oregon and the nation. As such, it is not known if I
continued population growth will be able to sustain and support current real estate values.
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Neighborhood Description: The subject property is located in the "Tigard Triangle", an area
circumscribed by Interstate 5 to the east, Hwy 99 to the north and Hwy 217 to the south. This
triangular shaped area has been designated primarily for commercial redevelopment, including
retail and office uses. A portion of the triangle has already been developed with large box
retailers (Costco, Office Max) and multi-story office buildings. Much of the remaining area is
I still under its original residential use. Access from Hwy. 99 to Interstate 5 is provided by
Dartmouth Street which runs through the triangle from east to west. Good access is available
! to all three major highways. Hwy. 99 is heavily developed with commercial retail and services
uses. Residential use is not a designated use except as provided for within the commercial
zoning districts.
Site Description:
Location: Subject is located between SW 69th Avenue and SW 70th Avenue on the north
j side of Dartmouth Street in Tigard, Oregon.
Size: The subject property consists of two tax lots containing a total of 0.89 acres
according to Washington County Assessor records. These two tax lots make up subject's
"larger parcel", defined as follows:
That portion of a property which has unity of ownership, contiguity, and unity of
use. These are the three conditions which must be present to establish the larger
j ! parcel for the purpose of considering the extent of severance damage in most
states. However, in federal cases and in some state cases, the matter of
contiguity is sometimes subordinated to that of unitary use. In Baetjer v. U. S.
(143 Fed. 2d 391) the court held: "Integrated use, not physical contiguity, is the
test of whether land condemned is a part of a single tract warranting an award
of severance damage. (Appraisal Terminology and Handbook. Craftsman Press
American Institute of Real Estate Appraisers, 1967 pg. 119)
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Shape: Subject is a reversed L-shaped parcel with a depth between SW 69th Avenue and
SW 70th Avenue of approximately 225 feet.
Access and Frontage: Access to subject is from both SW 69th Avenue and SW 70th
Avenue. Subject is a corner lot fronting on three streets with approximately 275 feet on
SW 69th Avenue, 225 feet on Dartmouth Street, and 150 feet on SW 70th Avenue.
Topography: Subject slopes from the 281 foot elevation in the northeast (SW 69th
Avenue frontage) to the 255 foot elevation in the southwest (SW 70th Avenue frontage).
The south fork of Red Rock Creek daylights on this parcel from an upstream drainage
C basin. The drainageway is forested and will be protected and enhanced in a 20,098 s.f.
tract pursuant to Clean Water Service's standards.
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Flood Plain: The subject is not located within a 100-year flood plain according to FEMA
Flood Insurance Rate Map 410276 0003B dated March 1, 1982.
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HANNA, MCELDOWNEY & ASSOC. PAGE 12
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Utilities: Subject is served by public water, public sanitary sewer and other typical
utilities.
Site Improvements: The subject property is unimproved.
Five Year Sales History: The subject sold September 29, 2006 for $500,000 according to
recorded document 116674. However, since this sale included both the developable and
undevelopable land, it does not provide any assistance in estimating the current market value of
f the undevelopable portion of subject (right of way dedication) which is the portion being
appraised.
j Encumbrances: No title report was furnished this appraiser. Based on an inspection of subject,
it would appear that encumbrances of record, if any, should not adversely affect the market
1 F value of the property as defined in this report. If specific easements become evident, a re-
examination may be necessary to determine the effect of the encumbrance on the value of the
portion of subject being appraised.
Zoning: Subject's current zoning designation is MUE: Mixed-Use Employment. The MUE
zoning district is designed to apply to a majority of the land within the Tigard Triangle, a
f regional mixed-use employment district bounded by Pacific Highway, Highway 217 and I-5.
i l This zoning district permits a wide range of uses including major retail goods and services,
business/professional offices, civic uses and housing; the latter includes multi-family housing at
j a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of
uses, including but not limited to community recreation facilities, religious institutions, medical
centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally.
i f Although it is recognized that the automobile will accommodate the vast majority of trips to and
within the Triangle, it is still important to 1) support alternative modes of transportation to the
greatest extent possible; and 2) encourage a mix of uses to facilitate intra-district pedestrian and
transit trips even for those who drive. For more detailed information regarding this zoning
district, contact the Tigard Planning Department.
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Highest and Best Use: The determination of the "highest and best use" of subject is based on
an analysis of the legal permitted uses that are physically possible, economically feasible, and
i result in the highest net return to the land.
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Definition: "That reasonable and probable use that supports the highest present value, as
defined, as of the effective date of the appraisal. " (Byrl M. Boyce, Real Estate
Appraisal Terminology: Cambridge: Bollinger Publishing Co., 1981 pg. 126)
i Legal Use: Subject is zoned MUR which allows a wide range of commercial uses.
However, another neighborhood development (Tigard Triangle Commons) used the
j commercial development rights from the subject parcels to support the proposed floor
area ratio for their development. As a result, residential use is the only remaining
allowed use on the subject parcels.
HANNA, MCELDOWNEY & ASSOC.
( PAGE 13
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Physically Possible: Based on size, shape, topography and location, it is physically
possible to develop subject for residential use as indicated by the proposed Site
1 Development Plan (see addendum) that shows a 7-unit, 3-story attached condominium
! project.
j The actual area of subject available for development is limited because Red Rock Creek
daylights on this property. A 20,098 s.f. tract (about 51% of the site) is a "wetland
buffer" that must be protected and enhanced as part of the drainage way pursuant to
Clean Water Service's standards. Consequently, the residential units are located outside
of the buffer with the exception of a 814 s.f. encroachment which must be mitigated on
site. The area needed for right of way lies primarily within the wetland buffer.
Economically Feasible: The recent decline in the real estate market in the Portland
metropolitan area has affected residential, industrial and commercial use property.
According to the Market Action publication of RMLS, during the last 12 months some
residential areas (Milwaukie/Clackamas) have shown a decline in the average sale price
of residential properties and others (e.g. Tigard/Wilsonville) have shown no significant
change. Subject's neighborhood is in transition from residential to commercial use.
Given the current slow down in the residential market, it may be some time before there
is sufficient demand to justify development of subject for residential use.
Highest Return to the Land: The highest return to subject's land will likely result from
future residential development because that is the only remaining allowed, legal use.
Therefore, the highest and best use of subject, as a whole, is for residential development.
However, given the conditions described above, it is reasonable to conclude that the
2,399 square feet of land being appraised is not developable and was not developable at
the time the current owner acquired the property because it was placed in a right of way
j reserve. As such, this portion of subject has no private utility and little or no market
appeal, and must therefore be valued accordingly.
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HANNA, MCELDOWNEY & Assoc. PAGE 14
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VALUATION
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Methodology: Since only a minor partial acquisition is required from subject, a "Taking and
i Damages" format has been used for the valuation. In this approach the appraiser is required to
value the taking as part of the larger parcel and add to it an estimate of damages to the
remainder, if any, in order to arrive at the estimate of fair market value.
{ Valuation Approach: The three primary approaches used to estimate the value of real property
include the Sales Comparison approach, Cost approach and Income approach.
The Sales Comparison Approach estimates value by comparing recent comparable sales
to the subject and adjusting for primary differences that affect value. This approach
{ gives a reliable value indication if there are an adequate number of comparable sales.
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The Cost Approach is used to estimate the value of "improved" properties. The process
involves estimating the cost new of the improvement, deducting accrued depreciation and
adding the value of the land. This approach is most reliable on newer improvements
because the amount of depreciation is relatively low.
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The Income Approach is typically used to estimate the value of income producing
l properties. The process involves the capitalization of net income into a value estimate.
This approach is most reliable when sufficient data is available to reliably establish net
income and a capitalization rate.
In this appraisal assignment, the property to be valued is the 2,399 s.f. of subject that is required
for Dartmouth Street right of way. The following three conditions apply to this portion of
subject: (1) approximately two-thirds of the required dedication area is located within the
wetland buffer and is not developable land; (2) condition #24 of the approved land use decision
requires the owner to dedicate the area for Dartmouth Street right of way (see addendum); (3)
the dedication area was placed in a right of way "reserve" when the MUE floor area ratio of
subject was transferred to another property.
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Under condition (1) above, the portion of the dedication area within the wetland buffer would
have a potential "open space" value if it was not a required right of way dedication and could
remain as part of the subject property. In such a case, the appropriate measure of value would
be open space and/or wetland sales. Open space sales were reviewed for this report but were
found to be irrelevant to the appraisal problem because of the other conditions imposed on
subject.
Under conditions (2) and (3) above, the entire dedication area is required for right of way. And
under condition (3) above, the area was reserved for right of way at the time the floor area ratio
of subject was transferred to another property. As such, the right of way dedication provides
no utility to the owner. The market value for land with no private utility and no private benefit
j, to the owner is essentially "nil".
{
1 HANNA, MCELDOWNEY & Assoc. PAGE 15
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This value conclusion is not based on market sales per se (although dedications of right of way
to public agencies abound for which no compensation was paid) but is based on the principal,
implied within the definition of "market value", that both the buyer and seller are knowledgeable
about market conditions and aware of the possible adaptations of a property to general and
special uses. "Due diligence" on the part of the buyer would have revealed not only that the
commercial floor area ratio (FAR) had been transferred from the property but that a portion of
the frontage along Dartmouth street had been placed in a right of way reserve and would be a
required right of way dedication. A knowledgeable buyer would not be willing to pay for the
right of way dedication anymore than for the transferred FAR if it did not make any contribution
to the market value of the property as a whole.
In effect, the true value of subject lies on the portion of land that supports the seven residential
dwelling units. This is consistent with the fact that residential developers pay for potential
"lots", not acreage. The number of lots, and consequently the purchase price, is generally
j established during a period of due diligence in which the buyer consults with the local public
agency to determine what density is likely to be achieved. In the case of subject, the right of
way dedication does nothing to affect the density. The 2,399 square feet of dedication has no
market value because there is no measurable difference between the "before-dedication value"
and the "after-dedication value" of subject.
~ For right of way acquisitions with no measurable value, the ODOT Right of Way Manual,
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i Section 4.145, has established a "minimum compensation payment" of $350.00.
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BENEFITS AND DAMAGES
Benefits: If subject's remainder property increases in value as a result of the project, the owner
has been benefitted and compensation may be modified by offsetting "special" benefits against
any estimated damages. However, "general" benefits cannot be used to offset damages to the
remainder.
General Benefits: Improved traffic circulation and safety on Dartmouth Street is
considered to be a general benefit.
Special Benefits: Per ODOT Right of Way Manual 4.465: "An increase in value
f to the remainder property as a result of the project is a special benefit if it results
from the remainder's special relationship to the project and is not realized by the
t community as a whole." There are no estimated special benefits to subject's
remainder that result either from the acquisition or the construction of the
improvement project.
Damages: Damages refer to a loss in the market value of the remainder because of the
acquisition or the manner in which the public improvement is constructed. Based on the analysis
` in this report, there are no estimated damages to the remainder because there is no estimated loss
i of value to the remainder over and above the value paid for the right of way dedication.
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HANNA, MCELDOWNEY & ASSOC. PAGE 17
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SUMMARY OF VALUATION
1'aoperty Rights Taken Area $/Unit/ Total
Deed of Dedication 2,399 s.f. Nil Nil
4
Total Land -0-
Xm xoyeinents Units ! $/Unit hotal
p:
None
f Total Improvements -0-
DamagestCm0ied by Cost to Cure Units $lUrutS 3 oml
None
Cost to Cure -0-
Total: -0-'
Estimated Value Rounded: $350*!
* Minimum Consideration value established by ODOT.
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ASSUMPTIONS AND LIMITING CONDITIONS
1. The property description used in this report is assumed to be reasonably correct.
2. No survey of the property has been made by the appraiser, and no responsibility is
assumed in connection with such matters. Maps in this report are included only to assist
the reader in visualizing the property. Property dimensions and size should be considered
as approximate.
3. No responsibility is assumed for matters of a legal nature affecting title to the property,
nor is an opinion of title rendered. The title is assumed to be good and merchantable.
s
4. Information furnished by others is assumed to be true, correct, and reliable. A
reasonable effort has been made to verify such information; however, no responsibility
for its accuracy is assumed by the appraiser.
5. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless
so specified within the report. The property is appraised as though under responsible
ownership and competent management.
6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil,
or structures which would render it more or less valuable. No responsibility is assumed
( for such conditions or for engineering which may be required to discover them.
7. Unless otherwise stated in this report, the existence of hazardous material, which may or
may not be present on the property, was not observed by the appraiser. The appraiser
has no knowledge of the existence of such materials on or in the property. The appraiser,
however, is not qualified to detect such substances. The presence of substances such as
asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may
affect the value of the property. The value estimate is predicated on the assumption that
there is no such material on or in the property that would cause a loss in value. No
! responsibility is assumed for any such conditions, or for any expertise or engineering
knowledge required to discover them. The employer (client) is urged to retain an expert
in this field, if desired.
8. Unless otherwise stated in this report, no environmental impact studies were either
requested or made in conjunction with this appraisal, and the appraiser hereby reserves
the right to alter, amend, revise, or rescind any of the value opinion based upon any
subsequent environmental impact studies, research, or investigation.
I 9. It is assumed that there is full compliance with all applicable federal, state, and local
environmental regulations and laws unless noncompliance is stated, defined, and
considered in the appraisal report.
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HANNA, MCELDOWNEY & ASSOC. PAGE 19
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10. It is assumed that all applicable zoning and use regulations and restrictions have been
complied with, unless a nonconformity has been stated, defined, and considered in the
` appraisal report.
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11. It is assumed that all required licenses, consents, or other legislative or administrative
authority from any local, state, or national governmental or private entity or organization
have been or can be obtained or renewed for any use on which the value estimate
contained in this report is based.
12. The appraiser will not be required to give testimony or appear in court because of having
i made this appraisal, with reference to the property in question, unless arrangements have
been previously made therefor.
! 13. Possession of this report, or a copy thereof, does not carry with it the right of
publication. It may not be used for any purpose by any person other than the party to
whom it is addressed without the written consent of the appraiser, and in any event, only
with properly written qualification and only in its entirety.
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14. Neither all nor any part of the contents of this report, or copy thereof, shall be conveyed
j to the public through advertising, public relations, news, sales, or any other media
I without written consent and approval of the appraiser. Nor shall the appraiser,
employer, firm, or professional organization of which the appraiser is a member be
identified without written consent of the appraiser.
I
15. The liability of the appraiser, his employees and subcontractors is limited to the initial
employer (client) only, and only up to the amount of the fee actually received for the
I assignment. Further, there is no accountability, obligation, or liability to any third party.
If the appraisal report is placed in the hands of anyone other than the initial employer
(client) the initial employer (client) shall make such party aware of all limiting conditions
I and assumptions of the assignment and related discussions. The appraiser is in no way
responsible for any costs incurred to discover or correct any deficiency (if any) in the
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property.
16. If a remainder property is caused by the acquisition, it is assumed that the public project
will be constructed in the manner proposed in the foreseeable future.
17. Acceptance of and/or use of this appraisal report constitutes acceptance of the foregoing
assumptions and limiting conditions.
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HANNA, MCELDOWNEY & ASSOC. PAGE 20
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CERTIFICATE OF APPRAISER
I certify that, to the best of my knowledge and belief:
• the statements of fact contained in this report are true and correct.
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• the reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial and unbiased
professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report, and
( I have no personal interest with respect to the parties involved.
i • I have no bias with respect to the property that is the subject of this report or to the parties
involved with this assignment.
• my engagement in this assignment was not contingent upon developing or reporting
( predetermined results.
• my compensation for completing this assignment is not contingent upon the development or
( reporting of a predetermined value or direction in value that favors the cause of the client,
the amount of the value opinion, the attainment of a stipulated result, or the occurrence of
a subsequent event directly related to the intended use of this appraisal.
• my analyses, opinions, and conclusions were developed, and this report has been prepared,
in conformity with the Uniform Standards of Professional Appraisal Practice.
• I have made a personal inspection of the property that is the subject of this report.
' • I have disregarded any decrease or increase in the market value which is caused by the
public improvement or its likelihood prior to the date of valuation, except physical
C deterioration within the reasonable control of the owner.
• No one provided significant real property appraisal assistance to the person signing this
certification.
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That my opinion of fair market value for the acquisition including damages, if any, to the
remaining property was based upon my independent appraisal and the exercise of my
professional judgment, and that the conclusions set forth in this appraisal were reached without
collaboration or direction as to value.
1.
June 25, 2008
Roger . Hanna Date
j Oregon ate Certified General Appraiser
#C000189
1 HANNA, MCELDOWNEY & ASSOC. PAGE 21
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EXHIBIT "A"
I LEGAL DESCRIPTION
FOR
RIGHT-OF-WAY
SW DARTMOUTH STREET
s
A tract of land for right-of-way dedication purposes being a portion of Lots 17 thru 18 and Lot b
Block 11 WEST PORII AND HEIGHTS, a duly recorded subdivision in the Southeast 'A of
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard,
Washington County, State of Oregon, also described as Reserve of Right of Way in Document No.
j 2006-011330 of the Washington County Deed .Records, more particularly described as follows:
i
Commencing at. the Northwest corner of said Lot 17, said corner being 27.57 feet Easterly from the
West right-of-way line of SW 70" Avenue; thence along the North line of said Lot 17 S 89° 58' 10"
E a distance of 2.43 feet; thence parallel with and 30.00 feet East of the West line of SW 70'
Avenue S 01° 11' 56" East a distance of 78.33 feet to The True Point of Beginning; thence
continuing S 01' 11' 56" E a distance of 11.00 feet to the beginning of a tangent curve to the to the
left; thence along said curve to the left with a radius of 35.00 feet, a central angle of 89° 58' 33"
j (a chord bears S 46° 11' 12" E, 49.49 feet) and a length of 54.96 feet to a point of tangency; thence
N 88° 49'31" E, along the northerly right of way of SW Durham Street 36.00 feet from center line
(when measured at right angles), a distance of 137.67 feet to a point of curve of a curve to the left;
thence along said curve to the left with a radius of 404.47, a central angle of 01 ° 41' 45" (a chord
j bears N 87° 58' 39" E, 11.97 feet) and a length of 11.97 feet to the beginning of a tangent curve to
the left thence along said curve to the left with a radius of 35.00 feet, a central angle of 87°09' 49"
(a chord bears N43° 32' 52" E, 48.26 feet) and a length of 53.25 feet to the west line of SW 69°i
Avenue; thence along said west line N 00° 02'03" W a distance of 11.01 feet to the beginning of a
non-tangent curve to the right; thence along said curve to the right with a radius of 35.00 feet, a
central angle of 87° 04' 35" (a chord which bears S 43° 30' 15" W, 48.22 feet) and a length of 53.19
feet to the point of curve of a curve to the right and a point 47.00 feet from the center line of SW
Dartmouth Street when measured at right angles; thence along said curve to the right with a radius
of 393.47, a central angle of 01* 46' 59" ( a chord which bears S 87° 56'02" W, 12.24 feet) and a
length of 12.24 feet to a point of tangency; thence S 88° 49' 31" W, parallel with and 47.00 feet
from the center line of SW Dartmouth Street, a distance of 137.68 feet to a point of curve of a curve
to the right thence along said curve to the right with a radius of 35.00 feet, a central angle of 89°
58' 33" (a chord which bears N 46° 11' 12" W 49.49 feet) and a length of 54.96 feet to the True
point of beginning
Containing 2399 square feet.
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RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW flail Blvd.
Tigard, OR 97223
CORPORATION
File No.
DEDICATION DEED
FOR ROAD OR STREET PURPOSES
Space above reserved for lVashington County Recording information
John M. Kearney does hereby dedicate to the public a perpetual right-of-way for street, road, and utility purposes on, over,
! [ across, under, along, and within the following described real properties in Washington County, Oregon:
Attached Exhibit "A"
i To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated.
The grantor hereby covenants that he is the owner in fee simple and the property is free of all liens and encumbrances, he has
good and legal right to grant his right above-described, and will pay all taxes and assessments due and owing on the property.
The true consideration for this conveyance is S 0.00 . However, the actual consideration consists of or includes other property
or value given or promised which is the whole consideration.
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{ C IN WITNESS WHEREOF, I hereunto set my hand on this day of .2008.
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Dartmouth Townhomes LC
Name of Corporation Signature
2508 NE 24Avenue
` Address Title
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Tax Statement Mailing Address (ifd;erentfrom above)
STATE OF OREGON )
I ) ss.
County of Washington )
This instrument was acknowledged before me on (date) by by:
(name(s) of person (s)) as (type of authority, e.g., officer, trustee, etc.) of
(name of party on behalf of whom instrument was executed).
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Notary's Signature
My Commission Expires:
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Accepted on behalf of the City of Tigard this day of .2008.
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City Engineer
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25. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate hi
the future improvements of SW Dartmouth Street adjacent to the subject property, when any of the
following events occur.
1 A. when the improvements are part of a larger project to be Financed or paid for by the
formation of a Local Improvement District,
i B. when the improvements are part of a larger project to be financed or paid for in whole or in
t part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third parry owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be ap ropriate by the City Engineer in
conjunction with construction of improvements by others adjaacent to the subject site.
26. The applicant shall either place the existing overhead utility lines alongg SW 69d' Avenue underground
f as a part of this project, or they shall [nnay the fee in-lieu of undergrouncMg. The fee shall be calculated
by the frontage of die site that is parallel to the unlit) lines and will be $3.00 per lineal foot. If die fee
option is chosen, the amount will be $5,775.00 and it shall be paid prior to final building inspection.
27. Prior to a final building inspection, the appplicant shall demonstrate that the~~ have entered into a
maintenance agreement with Stormwater 1% anagement, or another company that demonstrates they
can meet the maintenance requirements of the manufacturer, for the proposed onsite storm water
treatment facility.
28. Prior to a final building inspection the applicant's engineer shall provide a final sight distance
' certification for both frontage access points.
29. If applicant chooses to maintain the ground cover in the planter strips along all street frontages the
HOA will be required to maintain those areas. Provide documentation of the HOA requirements to
staff for review.
I 30. Prior to issuance of building pernnits, the applicant shall pay into the si alization funds for 72n'
j Avenue/Dartmouth Street in the amount of $2,846.47 and 68`h AvenucY Dartmouth Street in the
amount of $1,503.76.
THIS APPROVAL SHALL B& VALID-F.OR'EIGHTEEN;:(18)
j MONTHS FROM THE' EFFECTIVE~DATE.`OF~THIS DECISION:'
SECTION III. BACKGROUND INFORMATION
Site History:
The subject site consists of two parcels totaling .89 acres. Staff conducted a search of City records and
found that the Tigard Triangle Commons development (SDR2004-00011) used the commercial
development rights trom the subject parcels to support the proposed floor area ratio, which is otherwise
limitedpin the MUE to 0.40. As a result, residential use is the only remaining allowed use on the subject
parcels.
Vicinity Information:
The subject site is located in the Tigard Triangle north of SW Dartmouth Street between SW 69' and SW
70°i Avenues. The subject property and adjacent properties to the north, east, and south are zoned WE
with the property to the west zoned C-G. Properties in the vicinity are in various stages of development,
with those east and west along SW Dartmouth permitted for office use and under construction.
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NOl7C1. Of- "IYPIi I I D13CISION SDR2007.00WEI/AMBER WOODS TOWNF10MES I'AGE S OF 32
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Site Information and Proposal Description:
The site slopes from the 281-foot elevation in the northeast to the 255-foot elevation in the southwest. The
south fork of Red Rock Creek daylights on this parcel from an upstream drainage basin that is, or will be
piped with approved developments beginnin west of I-3. 'Ihe drainageway is forested and will be protected
and enhanced in a 20,098 square foot tract ~51% of the site), pursuant to Clean Water Service's standards.
Two areas north of the drainageway are proposed for development.
Tlie applicant is requesting Site Development Review approval for a 7-unit, 3-story attached mull-family
j residential condominium project located on a .89-acre site in the Tigtrd Triangle. Sensitive Lands review is
required for work within a sensitive area (drainageway). In addition, the applicant is requesting two
development adjustments for reduction in side yard setbacks from 10 feet to 8 feet, and an administrative
variance to the minimum density standards from 8 units to 7 units.
SECTION IV. NEIGHBORHOOD COMMENTS
f The Tigard Community Development Code requires that property owners within 500 feet of the subject site
be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior
to a decision being made. In addition, staff has posted a notice at the site, visible from the street.
I
The City received one coniisent from an interested party, Sue Bielke of the Biodiversity Project of Tigard.
Ms. Bielke is concerned about protection of the stream corridor located on site and objects to the proposed
i incursion into the 50-foot buffer.
{ l RESPONSE: The Clean Water Services Revised Service Provider Letter, dated October 31, 2007 (File No.
06-002386) submitted with the application allows a 814 square foot encroachment into the buffer, but also
requires 814 square feet of on-site mite Lion. This buffer averaging allows development to occur while
protectin and enhancing the resource. The proposed development is consistent with the City's applicable
sensitive lands standards as shown in the Sensitive Lands section of this decision, below.
SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA
the proposal's consistency with these Code Chapters is reviewed in the following sections:
A. Land Use Decisions
18360 Site Development Review
18370 Variances and Adjustments
j B. Zoning Districts and Community Plan Area Standards
18.520 Commercial Zoning Districts
18.620 Tigard Triangle Design Standards
C. Applicable Specific Development Standards
18.705 Access Egress and Circulation
18325 Environmental Performance Standards
18.745 Landscaping and Screening
18.765 Off -Street parking and loading requirements
18.775 Sensitive Lands
18.780 Signs
18.790 Tree Removal
18.795 Visual Clearance
D. Street and Utility Improvement Standards
18.810
E. Decision Making Procedures
18.390 Impact Study
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NO MA:01-*TITF II DECISION SDIt2007-00MR/AMBf R WOODS TOWNHOME-9 PAGE 6 OF 32
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I AREA Refer to the FLOOD INSURANCE RATE MAP EFFECTIVE date
NOT I shown on this map to determine when actuarial rates apply to
INCLUDED structures in the zones where elevations or depths have been estab-
lished.
' I To determine if flood Insurance is available in this community,
contact your insurance agent, or call the National Flood Insurance
I Program, at (800) 638-6620.
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j I APPROXIMATE SCALE
400 0 400 FEET
Washington County
AREA NOT INCLUDED
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,~1 ® NATIONAL FLOOD INSURANCE PROGRAM
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W HAMPTON w ST I FLOOD INSURANCE RATE MAP
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I— CITY OF
TIGARD, OREGON
WASHINGTON COUNTY
C\I I
ms's' PARKWAY PANEL 3 OF 5
(SEE MAP INDEX FOR PANELS NOT PRINTED)
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COMMUNITY-PANEL NUMBER
410216 0003 B
i I Q I- EFFECTIVE DATE:
NDBURG o MARCH 1, 1982
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1 ST
Federal Emergency Management Agency
No. 6953 P. 2
May. 21. 2008 12 ; 21 PM
05/21/2008 09:18 N0.534 D01
City of Tigard, Oregon • . 13125 SW H411 Blvd • Tigard, OR 97223
May 21, 2008 V
John M Keanley
Dartmouth Townhomes, LLC
j fax: 503-595-5291
~X-aiver of Notice
Hanna McEldowney & .Assoc have been Hired to provide an appraisal of the right-of-way reserve
for the improvement of nat tnouth Street along tax. lots 1S1361)D 750D and 7600. ORS 35.346 0)
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provides that ualess otharwise agreed, you are entitled to 15 days of written notice to the planned
appraised inspection. You are requested to waive your right to this notice by signing below.
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Your coopemdon is appreciated.
Appr4iser: Roger Hanna
Hanna McEldowney & Assoc
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8835 SW Canyon Ln.
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Pottland Oil, 97225-3454
Dated this ~!1 clay of r ~ 2008.
! I Sigi lure of Pro erty Owu~ _
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j 25QR NE 24th Menue
U41ng Addrtss
PoTdAed Olt 97219.
City, State Tap
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Phone, $03.639.4171 . Fax: 503.684.7297 anwevaigard-orgov 0 MRelay: 503.684..2772 }
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Chapter 18.520
COMMERCIAL ZONING DISTRICTS
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Sections:
18.520.010 Purpose
18.520.020 List of Zoning Districts
18.520.030 Uses
f 18.520.040 Development Standards
18.520.050 Special Limitations on Uses
18.520.060 Additional Development and Design Guidelines
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18.520.010 Purpose
A. Provide range of commercial services for City residents. One of the major purposes of the regulations
j governing development in commercial zoning districts is to ensure that a full range of retail and office
uses are available throughout the City so that residents can fulfill all or most of their needs within
easy driving and, ideally within easy walking and/or biking distance of their homes. The location of
land within each commercial district must be carefully selected and design and development
standards created to minimize the potential adverse impacts of commercial activity on established
residential areas. At the same time, it is important to create more opportunities for mixed use,
including residential, commercial and institutional activities, in new and re-developing commercial
I areas.
v B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range
of economic activities and job opportunities within the City limits, in compliance with the economic
goals of the City of Tigard Comprehensive Plan.
18.520.020 List of Zoning Districts
A. C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide
j i convenience goods and services within a small cluster of stores adjacent to residential neighborhoods.
a Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for
i which comparison buying is not required; and which can be sustained in a limited trade area. Such
uses include convenience markets, personal services and repair shops. A limited number of other
uses, including but not limited to restaurants, gas stations, medical centers, religious institutions,
transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally.
E B. C-C: Community Commercial District. The C-C zoning district is designed to provide convenience
shopping facilities which meet the regular needs of nearby residential neighborhoods. With a service
area of about 1.5 miles, such commercial centers typically range in size from 30,000 - 100,000 gross
j square feet on sites ranging from 2 - 8 acres. Separated from other commercially-zoned areas by at
least one-half mile, community commercial centers are intended to serve several residential
neighborhoods, ideally at the intersection of two or more collector streets or at the intersection of an
arterial and collector street. Housing is permitted on or above the second floor of commercial
structures at a density not to exceed 12 units/net acre, e.g., the maximum density permitted in the R-
12 zone. A limited number of other uses, including but not limited to car washes, gas stations,
religious institutions, and transit-related park-and-ride lots, are permitted conditionally. In addition to
mandatory site development review, design and development standards in the C-C zone have been
adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-
friendly.
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Commercial Zoning Districts 18.520-1 Code Update: 10102
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C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range
of retail, office and civic uses with a City-wide and even regional trade area. Except where non-
conforming, residential uses are limited to single-family residences which are located on the same site
as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive
equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event
entertainment, and gasoline stations, are permitted conditionally.
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D. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to
i accommodate civic and business/professional services and compatible support services, e.g.,
convenience retail and personal services, restaurants, in close proximity to residential areas and major
transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses
at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in
conjunction with a commercial development. Heliports, medical centers, religious institutions and
utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as
a buffer between residential areas and more-intensive commercial and industrial areas.
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E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated
central business district, centered on the City's historic downtown, including a mix of civic, retail and
office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of
the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent
to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to
adult entertainment, utilities, facilities with drive-up windows, medical centers, major event
entertainment and gasoline stations, are permitted conditionally.
F. MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the
land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific
Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses
f including major retail goods and services, business/professional offices, civic uses and housing; the
latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25
zoning district. A wide range of uses, including but not limited to community recreation facilities,
i religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are
G permitted conditionally. Although it is recognized that the automobile will accommodate the vast
majority of trips to and within the Triangle, it is still important to 1) support alternative modes of
transportation to the greatest extent possible; and 2) encourage a mix of uses to facilitate intra-district
pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City
through the legislative process.
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G. MUE-1 and MUE-2: Mixed Use Employment Districts The MUE-1 and 2 zoning district is
designed to apply to areas where employment uses such as office, research and development and light
i manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and
i residential uses are permitted which are compatible with employment character of the area. Lincoln
Center is an example of an area designated MUE-1, the high density mixed use employment district.
The Nimbus area is an example of an area designated MUE-2 requiring more moderate densities.
H. MUC: Mixed Use Commercial District. The MUC zoning district includes land around the
Washington Square Mall and land immediately west of Highway 217. Primary uses permitted
j include office buildings, retail, and service uses. Also permitted are mixed-use developments and
housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking
under, behind or to the sides of buildings.
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Commercial Zoning Districts 18.520-2 Code Update: 10102
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1. MUC-1: Mixed Use Commercial - 1. The MUC-1 zoning district, which is designed to apply to that
portion of the Durham Quarry site within the City of Tigard, is a mixed-use commercial district
bounded by 72nd Avenue, Findlay Street and the Tigard, Tualatin and Durham city limits. This site is
the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to
that agreement the City of Tualatin shall furnish all planning, building and associated development
review/permit services for the property. This zoning district is intended to mirror the City of
1 Tualatin's Mixed Use Commercial Overlay District (TDC, Chapter 57). It permits a wide range of
uses including commercial lodging, general retail, offices and housing; the latter includes multi-
family housing at a minimum density of 25 units/acre and a maximum of 50 units/acre. Additional
j uses, including but not limited to major event entertainment and motor vehicle retail fuel sales, are
permitted conditionally. In addition to the standards of this chapter, development within this zone is
subject to the standards of Chapter 18.640.
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J. MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to
predominantly residential areas.-where mixed-uses are permitted when compatible with the residential
use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the
MUR zoning district. (02-33)
18.520.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable
provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar
unlisted use under the provisions of Section 18.130.030;
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2. A restricted (R) use is permitted outright providing it is in compliance with special requirements,
exceptions or restrictions;
3. A conditional (C) use is a use the approval of which is at the discretion of the Hearings Officer.
The approval process and criteria are set forth in Chapter 18.370. If a use is not listed as a
conditional use, it may be held to be a similar unlisted use under the provisions of Section
18.130.030;
j 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances.
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B. Use table. A list of permitted, limited, conditional and prohibited uses in commercial zones is
presented in Table 18.520.1.
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Commercial Zoning Districts 18.520-3 Code Update: 10102
TABLE 18.520.1
USE TABLE: COMMERCIAL ZONES
USE CATEGORY C-N"l C-C'l C-G C-P CBD MUE1201 MUC-1 MUC,281 MUE MUR
I and 2281 1 and 2281
RESIDENTIAL
Household Living N R R' R -RTff R1211 P P P P
Group Living N N C N P N C R /C R '29'/C R /C
Transitional Housing N N C N C N C C C C
Home Occupation R R121 R121 R R R P R171 R121 Rt2l
HOUSING TYPES
Single Units, Attached N/A N/A N/A N/A NIA N/A NIA R R P
Sin el Units, detached N/A N/A N/A N/A N/A N/A N/A R1301 R1301 R
Accesso Units N/A N/A N/A N/A N/A N/A N/A R R R '
Duplexes NIA NIA NIA N/A N/A N/A N/A R R P
Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P
Manufactured Units N/A N/A N/A NIA NIA N/A N/A N N N
Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N
CIVIC INSTITUTIONAL
Basic Utilities C N N C C C C C1321 C C
Colleges N N N N N C C. C C C
Communi Recreation N P N N P C N P C C
Cultural Institutions P P P P P P P P P N
Da Care P P P P P P P P P P/CLJlj
Emergency Services P P P P P P P P P N
Medical Centers C N C C C C C C C C
Postal Service P P P P P P P P P N
Public Support Facilities P P P P P P P P P P
Religious Institutions C C P C P P C P P C
Schools N N N N N C C C C C
Social/Fraternal Clubs/Lod es C C P P P P P P P C
COMMERCIAL
Commercial Lodging N N P R° P P P P P N
Eating and Drinking Establishments C P P R S P P P P P R""
Commercial Zoning Districts 18.520-5 Code Update: 10102
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1241
MUC-1 MUC1231 MUE MUR
USE CATEGORY C-Nt' C-C(" C-G C-P CBD MUE
1 and 21" 1 and 2(ul
Entertainment-Oriented
- Major Event Entertainment N N C N C N C C N N
- Outdoor Entertainment N N P Rt'sl P N N C N N
- Indoor Entertainment P P P P P P P P P N
- Adult Entertainment N N C N C N N C N N
General Retail
- Sales-Oriented P PI71 P R"61 P Rt221 Rt251 P R1221 R[s°rss)
- Personal Services P P P P P R(22 RPI P R122 Rims)
- Repair-Oriented P P P N P Rt221 Rt29 R(221 Rt221 N
- Bulk Sales N N P N N R122] Rtzs] R1221 R1221 N
- Outdoor Sales N N P N N N N N N N
- Animal-Related N N N N N P P N N N
Motor Vehicle Related
- Motor Vehicle Sales/Rental N N P/Ct12I N C N N R[2°I R[24] N
- Motor Vehicle Servicing/Repair N CIS) P/Ct121 N R1181 R1221 Rt2s3 N N N
- Vehicle Fuel Sales C C C N C N C C C N
Office P R P P P P P P P R 34351
Self-Service Storage N N C N N N N N N N
Non-Accessory Parkin C C P P P P P P P N
INDUSTRIAL
Industrial Services N N N N N N N N N N
Manufacturing and Production
- Light Industrial N N N N N R~23~ N N Rtz3~ N
- General Industrial N N N N N N N N N N
- Heavy Industrial N N N N N N N N N N
Railroad Yards N N N N N N N N N N
Research and Develo ment N N N N N R R° N R N
Warehouse/Freight Movement N N N N N R° N N R ° N
Waste-Related N N N N N N N N N N
Wholesale Sales N N N N C N N N R N
OTHER
A iculture/Horticulture N N N N N N N
Cemeteries N N N N N N N
Commercial Zoning Districts 1&520-6 Code Update: 10102
USE CATEGORY C-N1' C-C151 C-G C-P CBD MUE 1 MUC-1 MUC1231 MUE MUR
1 and 2P$l 1 and 21281
Detention Facilities N N C N C N N
Heliports N N C C C N N
Minim N N N N N N N
Wireless Communication Facilities 4P/RE P/R131 P/R P/R P/R P/R p/R
Rail Lines/Utili Corridors P P P P P P P
Other C C NA INA C NA NA
P=Permitted R=Restricted C=Conditional Use N=Not Permitted
(I] All Permitted and conditional uses subject to special development standards contained in Section 18.520.050.A.
(2] Permitted subject to requirements Chapter 18.742.
(31 See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities.
(41 Uses operating before 7:00 AM and/or after 10:00 PM arc conditional uses.
(51 All permitted, limited and conditional uses must meet special development standards in Sectionl8.520.050.B.
[61 Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre.
[71 Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less.
[8] Limited to motor vehicle cleaning only.
[9] When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet.
110] Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses.
(111 A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family
housing is permitted as par of a PD, subject to Chapter 18.350.
(12] Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally.
[13] Multi-family residential units, developed at R40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard
Triangle and Bull Mountain Road district.
[141 Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use.
[151 As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the
development complex.
[16] May not exceed 10% of the total square footage within an office complex.
(17] Single-family attached and multi-family residential units, developed at R40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within which property zoned for
CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards.
(18] Motor vehicle cleaning only.
(191 Drive-up windows permitted conditionally.
(201 All permitted and conditional uses subject to special development standards contained in Sectionl8.520.050.C.
[211 Multi-family residential, at 25 units/gross acre, allowed outright Pre-existing detached single-family dwellings are permitted outright.
[22] New Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C-G at the time the MUE zoning
district was adopted in the Tigard Triangle.
[231 All activities associated with this use, except employee and customer parking, shall be contained within buildings.
(24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use.
(25] Permitted provided the use is no larger then 60,000 square feet of gross floor area per building or business.
[261 Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and
a maximum density of 50 dwelling units per acre.
(27) Wireless only as attached to structure within height limit, see Chapter 18.798.
[281 All Permitted and Conditional Uses subject to special development standards contained in 18.630
[291 Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use.
[30] Preexisting housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630.
Commercial Zoning Districts 18.520-7 Code Update: 10102
[31) Permitted for pre-existing housing units, subject to requirements Chapter 18.710.
[321 Except water, storm and sanitary sewers, which are allowed by right
(331 In-home day care which meets all state requirements permitted by right; freestanding day care renters which teed all state requirements permitted conditionally.
[341 This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 501/oof the total floor area within the mixed-sue development, and shall
be permitted only when minimum residential densities ate met An exception to the requirement that commercial cues may be permitted only if residential mirdmum densities are and is provided for properties zoned
commercial prior to implementation of the Washington Square Regional Center Plan (3/282002). The exempted properties are identi fled as assessor map number. IS 135AA-00400, IS 135AA-0 1400, IS 135AA-
01900, 1 S IAA-01901, 1 S 135DA-02000, I S 135AA-02500, 1 S 135AA-02600, 1 S 135AA-02700, I S 135DA-01900, and I S I DA-02100. These parcels, or parcels created from these parcels, after the effective date of
this ordinance, may be developed as a solely commercial use with a use permitted in the MUR-I or MUR-2 zones.
[351 The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet An exception to the limit on the size of a building occupied by commercial
uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3282002). The exempted properties arc identified as assessor map number. I S 135AA-
00400, 1S135AA-01400, IS135AA-01900, ISIAA-01901, 1S135DA-02000, 1S135AA-02500, iS135AA-02600, IS135AA-02700, 1S135DA-01900, and 1S1DA-02000. On these parcels, or parcels created from
these parcels, after the effective date of this ordinance, a commercial development is not limited to a specific square footage, however, all other dimensional standards of the MUR-1 and MUR-2 zoning district apply
which may limit the ultimate size of commercial development
(Ord. 02-32)
Commercial Zoning Districts 18.S20-8 Code Update. 10102
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ROGER D. HANNA
PROFESSIONAL QUALIFICATIONS
• Education
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i University of Oregon, Eugene, Oregon
B.S. 1969
Major: Personnel and Industrial Management
j Minor: Economics
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i Southern Methodist University, Dallas, Texas
M.M. 1979
Major: Music Theory and Composition
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j American Institute of Real Estate Appraisers
Course IB-A (Appraisal Principles & Valuation)
f Course IB-B (Capitalization Theory & Techniques)
Course 11 (Real Estate Appraisal-Capitalization)
Uniform Standards of Professional Appraisal Practice
Limited Appraisals
1 Small Hotel/Motel Valuation
National Association of Independent Fee Appraisers
Market Abstraction/Marshall & Swift Cost Review
Mobile/Manufactured Home Review Course
i Home Inspections-Common Defects in Homes
! Other Courses/Seminars
i HUD Mortgage Appraisal Seminars-Seattle Regional Office
Oregon Dept. of Trans. Appraisal Seminars
City of Portland, Office of Trans.-Impact of Contamination on Property Value
Real Estate School of Oregon-Principals of Appraising
f Mt. Hood Community College-URAR and Lender/Appraiser Relationship
i { Portland Community College-Estates and Interest in Real Property
HUD Mortgage Appraisal Training Seminar-Portland
! Palmer, Groth & Pietka, Inc.- How To Value Income Property
i j Eminent Domain Conference - Law Seminars International
• Licensing
Certified General Appraiser, State of Oregon #0000189
Principal Real Estate Broker, State of Oregon #901 000 1 3 5
Licensed Real Estate Salesman, State of Washington
• Professional Memberships
I Oregon Association of Realtors
National Association of Realtors
I ( International Right of Way Association
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4 • Court Experience
Circuit Court, Washington County, Oregon
j I Circuit Court, Clackamas County, Oregon
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• Work History
1992-Present: Principal in the firm of Hanna, McEldowney & Associates, Portland, Oregon.
Right of Way Project Manager and eminent domain appraiser for public agencies; fee appraiser
and review appraiser for residential mortgage lenders; review appraiser for in-house staff; right
of way agent for public agencies.
1990-1992: Staff Appraiser with Right-of-Way Associates Inc., Beaverton, Oregon.
Performed appraisals for public agencies and mortgage lenders. In-house trainer for appraisers
in the appraisal of residential properties using the URAR form. Provided desk and field review
j appraisals. Appraisal project manager including supervision and coordination of staff
appraisers.
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I 1984-1990: Independent Fee Appraiser, Seattle, Washington.
Member of the FHA Fee Appraiser's Panel, Seattle Regional Office. Appraised single-family
one to four units, condominiums and land for mortgage lenders. Private consultant for
I property development company.
1970-1974: Right of Way Agent, Oregon State Highway Department, Milwaukie, Oregon.
Appraised a variety of property types including residential, commercial, industrial and farm.for
i I parks and right of way acquisition. Negotiation Agent for right of way and principal 'agent for
I the Willamette River Greenway Program. Relocation agent for 1-205.
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• Clients
i AGI Technologies CH2M Hill CES-Consulting Eng Services
City of Beaverton City of Corvallis City of Gresham
City of Hillsboro Parks/Rec. City of Hillsboro City of Lake Oswego
City of Oregon City City of Portland City of Tigard
City of Tualatin City of Waldport City of Wilsonville
I Clackamas County Clackamas County Bank Commonwealth United Mort.
I First Union Mortgage Hewlett-Packard Harper, Houf, Peterson, Righellis Inc.
I Landmark Mortgage Marion County Metro
Multnomah County Oregon C. Union League OBEC Consulting Engineers
ODOT OTAK, Inc. PNC Mortgage
PPH Mortgage Company Phoenix Mortgage Parametrix, Inc.
Portland Community College Portland Dev. Commission Portland Water Bureau
f TRI-MET Transit District Tillamook People's Utility Tualatin Valley Fire & Rescue
!I Tualatin Hills Park/Rec. Dist. Washington County WA Dept. of Transportation
W&H Pacific
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HANNA McELDOWNEY & ASSOCIATES
k 8835 S.W. Canyon Lane Suite 405
Portland, Oregon 97225
i (503) 297-9588
FAX: (503) 297-2835
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Hanna, McEldowney and Associates, an association between Roger Hanna and Marvin
McEldowney, is capable of providing a wide range of right of way services to public agencies
involved in real property acquisition. Together, the two principals have over 40 years of experience
in various phases of real estate including appraisal, review appraisal, right of way property
{ acquisition, project proposals, budget estimates and relocation assistance.
iDuring the last two years alone, the principals have been involved with projects ranging from the
1 appraisal of various state/county/city street rights of way, the analysis and appraisal of reservoir sites
and sewage treatment plants, appraisal and acquisition of water, sewer and transmission line right
of way, appraisal of land for public parks acquisition and the appraisal, negotiation and relocation
i of residences and businesses affected by road and street widening projects.
Roger D. Hanna has been involved in right of way work since 1970 where he spent four years as
J an agent for the State of Oregon Department of Transportation. During that time, he appraised farm,
i industrial, commercial and residential properties, provided extensive relocation assistance for the I-
205 highway corridor project and negotiated for right of way. He was the.principal right of way
l acquisition agent for the tri-county Willamette River Greenway program. For a period of seven
years, he lived and worked in Seattle as an Independent Fee Appraiser and as a member of the HUD
{ f fee appraiser's panel. Since relocating to Oregon, he has been involved with a variety of right-of-
! i way services for public agencies including appraising, appraisal review, negotiations, relocation
assistance and project studies.
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Marvin G. McEldowney was an employee of the State of Oregon Highway Department for 24 years
? and has experience in all aspects of right of way work. He was responsible for the hiring of all
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appraisers performing fee work for Region One for the State of Oregon, for reviewing appraisals and
t for training staff appraisers. Since his retirement from the State, he has worked in a variety of right
of way projects for Oregon and Washington public agencies, including appraisal, appraisal review,
cost and budget estimates, right of way acquisition nd relocation assistance. In addition to
i appraising residential, commercial and industrial properties for private firms, he has located and
` provided cost estimates for prison sites and for excess lands owned by the State of Oregon. He is
a senior member and past president of the Oregon Chapter of the International Right of Way
` Association.
In addition to the principals, Hanna, McEldowney and Associates has a staff of experienced right
of way agents available for extended or complicated projects.
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Agenda Item #
Meeting Date September 9, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Consent Agenda: Approve Grant Application to the Royal Rosarian Foundation in the
Amount of $28,000
Prepared By: Chief Bill Dickinson Dept Head Approval: 'l~ City Mgr Approval: v
ISSUE BEFORE THE COUNCIL
Should the City Council approve a grant application in the amount of $28,000 to the Royal Rosarian Foundation for a
passenger van to be used primarily in youth services programs.
STAFF RECOMMENDATION
Approve the grant application
KEY FACTS AND INFORMATION SUMMARY
The Royal Rosarian Foundation offers a grant program for children at risk, scholarships for youth and community
spirit. The Police Department has submitted an application in the amount of $28,000 to purchase a 15-passenger van
to be used in the after-school program youth summer camps, and explorer post.
Currently, the City is renting van(s) on an as needed basis so that the youth participating in the various programs can be
transported to and from summer camps, field trips, and etc. This has been averaging well over $8,000 per year. If the
Department is able to acquire a van, the funds currently being spent can be used to expand activities and programs.
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
Grant application
Tigard Times newspaper article on the summer camps
Police Department vision, mission, goals, and core values
FISCAL NOTES
There are not matching funds required for this grant. There would be no General Fund dollars required to purchase
the van.
waft Royal Rosarian Foundation
Grant Application Form
1. Please review the accornpunying cover letter far quaffying grants.
2 Fit out the Forai and .W-ach any suppiernental mtorm8'io 1 rn ;liF5fft?~.
3. Once cc mpieted, sigti. scan and email the Forli'?'a sjC,arn or fax to 503-282-3345
Name of requesting organization Date of request Federal tax 10 number
City of Tigard Police Department August 15, 2008 93-0503940
Mailing Address Phone NurnEwr
13125 SW Hall Blvd. 503•-718-2554
City State Zip Fax Number
Tigard OR 97223 503-670.1561
Name of principle contact Position of principle contact Email address
Sill Dickinson Chief of Police chiefbill tgard-or.gov
Names and titles of other relevant personnel Website URL
Sheryl Huiras, Youth Programs Manager http:llwww,tigard-or.govl
Mike Eskew, School Resource Sergeant
Date organization founded
Jim Wolf, Public Information Officer
Tom Imdteke (Alternative principle contact) tomi0tigard-or.goy Incorporated 19111
Title of project Start of funding date
Transportation for Tigard Police After School Program, Youth Slimmer Camp, and October, 2008
Explorer Program 15 Passenger Van
Requested amount for this segment: Overall project cost: Your funding request
$28,000 $28,000 represents what percentage
of the total project cost:
Duration of this segment: Duration of over all project: 100%
October, 2008 November, 2008 October, 2008-November, 2008
What percentage of your organization's Athat does that overhead
overhead expense will come from this expense consist of?
Funding allocation?
N/A
0%
Page two
Grant Request Summary: Proposed activity including goals and obiectives; target audience; how will activity be
organized and executed? Attach a separate sheet if necessary:
The Tigard Police Department conducts after-school programs; youth summer camps; Police Explorer post, and a
variety of other services and programs that are specifically dedicated to the youth in our community. These
programs are directed through the Youth Services Division of the Tigard Police Department. The Youth Services
Division is applying for this grant in order to procure funds to purchase a 15 passenger van that would be used to
help facilitate the youth oriented programs provided by the Tigard Police Department and other partnerships.
The after-school program provides the following: prepares, motivates and inspires students by connecting them
with caring adults; improves life:-skills to reduce crime: improves social and psychological development; provides
supportive relationships with adults that enhances attitude, self-esteem, social and communication skills; improves
academic achievement by providing quality academic support and an array of engaging and enriching learning
opportunities.
Currently, the after school program is organized by the Tigard Police Youth Services Manager and executed by
Tigard Police School Resource Officers and paid college students. The after school program is held at Twality
Middle. School and targets the rnost vulnerable times for juveniles with perpensity to become involved in unhealthy o
criminal activity. The after school program also provides direction and support when the alternative is likely an empty
home due to working parents. The program is free to all attendees and open to all middle school students. Many of
the students participating in the program, were referred or suggested by school and counseling staff. Police
Officers and other roll model adults organize team sports, group activities, and mandatory study sessions, Tigard
Police is planning to expand the after school program to include another location, Fowler Middle School.
The youth summer camps provide the following: continues the structured environment of the school setting for at
risk children during the summer break; allows for volunteerism of roll model peers; emphasizes healthy lifestyles and
positive choices; reinforces the various lessons (D.A.R.E & G.R.E.A.T) taught over the school year. These lessons
are directed at showing kids alternatives to slipping into the drug and gang lifestyles and also teaches them practical
skills they can use throughout their entire life. Currently, the after school program is organized by the Tigard Police
Youth Services Manager and executed by Tigard Police School Resource Officers, paid college students, and
volunteers from the community and area high schools.
The summer program consists of 5 week long camps. These camps are free to any student (4`h to Wt' grade) in the
Tigard-Tualatin School District. Emphasis is placed on connecting students with the camps that have been referred
by school and counseling staff. Officers, coordinators, councilors, and other roll models organize team sports, field
trips, various team building activities, crafts, and mandatory life skills lessons.
The Tigard Police Explorer Post does the following: provides area youth (14 to 20 years of age) with opportunity,
education, training, and exposure to a law enforcement career; heips the City of Tigard meet its goal of fostering
good citizenship amongst youth, and developing a potential pool of well trained, ethical and accountable employees.
Currently, the Explorer Post is organized by the Youth Services Manager and executed by an appointed board of
police officers of varying positions within the department. Explorers attend an official academy and are required to
participate a minimum of 16 valunteer hours every month. Explorers learn as they work alongside regular uniformed
police officers at community events and take part in on-going department training. Explorers have the opportunity to
attend organized competition and test their skills amongst other Explorer posts from the State of Oregon and across
the Nation.
Please see attached Tigard Times newspaper article on the summer camps dated August 7, 2008
Evaluation; What results or outcomes are expected? How can t these be evaiuated and measured? UYhen do you propose
that this evaluation be done'? Attach a separate sheet if ncu:e ssary.
The Tigard Police Department does riot currently have a vehicle dedicated to our youth programs and Explorer Post.
The transportation costs incurred are often cost prohibitive as a result of obtaining those services from vendors. The
programs are operating on a very conservative and lirniting budget.
Granting of the funds to purchase a 15 passenger van would allow more children to attend the summer camps.
Currently, the First Student bus company is paid (by parents that can afford it) to provide transportation to and from
the camps. Some of the families who send children to our camps do not have transportation or very limited
transportation - and depend on our help. There are also problems with the bus route at times that don't allow some
children who live outside of the school district to be picked up. The requested van would be used to transport those
in need or not on the bus route. The van would also be use to transport camp supplies and ferry counselors to
training prior to the camps. We currently have to rent vans from the State motor pool which directs a considerable
amount of funding to transportation, as opposed to using the same dollars to offer opportunities to more children
that would benefit frorn the programs offered.
Granting of the funds to purchase a 15 passenger van would allow our Explorer Post the ability to travel in a group to
training and official events. This would save the young explorers a good deal of gas money, be environmentally
friendly, keep the team organized, prepared, and on time. We currently have to rent a van from the State motor pool
or have Explorers arrange their own transportation.
Granting of the funds to purchase a 15 passenger van world resirit in sigafficant savings to all of the mentioned youth
services. Funds currently being spent for the rental of vans for transportation could be used for direct program support
This would allow for more funds available to expand activities and resources. These savings are estimated at
approximately $ 8,000.00 a year based on past rental fees.
The result and outcome of having a dedicated youth services van could be measured each time that a child attends summer
camp that could not have otherwise; or each time that our Explorer Post gets to travel tea distant training location / event:
or each time that we use a dollar towards our youth programs thatwas previously spent on van rental fees.
Please come and visit any of our youth service programs and see your money at work.
Are you a Tax Exempt Organization? What type?
Yes, local government
Of your total annual budget, hour much is allocated to organization overhead expense?
Total annual budget; $11,695,656 - Police Department FY 2008-09 Adopted Budget
Organization overhead expense: $4.4% - Police Arimin FY 2008-09 Adopted Budget
Has this request for funding been approved by your organization's governing board?
Will be submitted to the City Council for approval on September 9, 2008.
Parse three
Description of requesting organization. Fdtission statement and ob;ectives. ;attach separate sheets if necessary:
Please see attached sheet for Police Department's Mission, Vision, Goats, and Core Values.
Name onafit- Title [safe
Craig Prosser City Manager August 15. 2008
For Committee Use Orly:
TT ■ The Times www.tigard
Fun cam for kids ke
p eps
dru s an i
d v olence at ba
~ Y
D.A.R.E. teaches new HUSTLING
life skills and offers a FUN -
summertime sanctuary Dallana
Mejia, 13,
By DARRYL SWAN " dances
OfTheTimes The Hustle
METZGER - Thirteen- with John
year.old Dallana Mejia is a vet- lee, 17, at
eran of the Tigard Police _ the D.A.R.E.
Department's D.A.R.E. to be s' to be
G.R.E.A.T. camp. G.R.E:A.T.
"This is actually my third camp held
year;' Mejia said. last
D.A.R.E. is an acronym for Thursday
the national Drug Abuse - at Metzger
Resistance Education, and 'V 5 Elementary
G,R.E.A.T. stands for Gang
Resistance Education and School.
Training. r mss"
Mejia said the greatest bene-
fit she gets out of the weeklong "
camp is being surrounded by s° '
people who earnestly care about '
her well being. ,
"When 1 come here, I fee! DARRYL
like I'm in a place where there's " swAru
nothing to worry about;" she ° . The'rimes I
said, drawing a distinction from I
her life in the larger world. ` a communal trip to the Oregon grades four through eight, are
Three months ago someone Zoo or learning rail safety in from Tigard.
approached her'with marijuana. preparation for the arrival of Huiras said registration for
She credits teachings from the TriMets commuter rail this fill, the class sttrts in May and usu-
D.A.R.E. to be are al! tailored to prepare the ally fills up in less than three `
G.R.E.A.T. camp, ' kids for life's many weeks.
and the eo le she's challenges. inside the Metz per mnasi-
met here, to help her when I collie "Everything we um, 70 kids a 0-50 split of
reject the drug. here, I feel do has some kind of boys and girls - faced off to
"They think we purpose in working learn the 1970s disco dance, The i
can be special and there s nothing with a life skill for Hustle. With the Lipps Inc. song
we can be good peo- to woC about the kids," she said. "Funkytown" bumping over the
ple if we don't take ry Host police agen- school :s PA system, the age-old
drugs;'slte said. ♦ ties, like the Tigard awkwardness of adolescence l~
Now_in_ts tOth Police Department, played out as boys and girls met
Ilnllenn_Mniia_~ a o;,,,__- - terteral___play.. k~.,t as b_.,f_thr
wnt_flaar
0 0
4A 4
49
1.17a4d VISION
The Tigard Police Department is committed to achieving our mission by:
Y Partnering with citizens and other departments
• Developing well trained, ethical and accountable employees
• Earning public trust and confidence through our actions and values
MISSION
The Mission of the Tigard Police Department is to create the highest level of
livability possible by working with our citizens to preserve and protect life, liberty
and property.
GOALS
The goals of the Tigard Police Department are:
To reduce crime and the fear of crime
To assist the City of Tigard in the accomplishment of municipal goals and
objectives
• To enhance the safety and security of Tigard's residents, visitors and
businesses
• To preserve constitutional and civil rights, and foster good citizenship in
our youth
CORE VALUES
Attitude Leadership I ntegrity
Service Teamwork
III5
_ 11 I
Agenda Item #
Meeting Date September 9. 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Bicycle Safety Mini-Grant Application n n/
Prepared By: Duane Roberts Dept Head Approval: City Mgr Approval: IV
ISSUE BEFORE THE COUNCIL
Should Council Authorize the City Manager to Submit an Alliance for Community Traffic Safety in Oregon (ACTS)
Bicycle Safety Mini-Grant Application?
STAFF RECOMMENDATION
Council authorize the submittal of the grant proposal.
KEY FACTS AND INFORMATION SUMMARY
ACTS Bicycle Safety Mini-Grants provide funding to public agencies and non-profit organizations to promote the
safety of bicyclists in Oregon. The cost of the mini-grant program is underwritten by a grant from the Oregon
Department of Transportation. Among others, eligible activities include projects that promote safe riding, target
underserved communities, and target youth. Staff proposes to request $1,500 in mini-grant funds to purchase
helmets, safety vests, and safety lighting for lower income children.
The Tigard Police Department would use the funds to purchase the goods at a substantial discount through its
regular vendors. To reduce demands on Police staff, the Washington County Bicycle Coalition would handle
distribution of the gear and conduct safety training at various affordable housing projects located within the City.
These include projects managed by the City's two affordable housing non-profits, Community Partners for
Affordable Housing and Tualatin Valley Housing Partners, and the two large Tigard housing complexes managed
by Washington County Housing Services.
Another program component includes School Resource Offices providing helmets to school children they observe
riding to school without a helmet.
Finance Department review of the grant application is pending.
OTHER ALTERNATIVES CONSIDERED
None Considered
1
1:\LR111,N\Counci1 Materi:ds\2008\9-09-08 AIS ACTS Grant Application.doc
CITY COUNCIL GOALS
Council Goal # 4. Promote and honor good citizenship in Tigard - build youth involvement programs.
ATTACHMENT LIST
Attachment 1: Resolution
FISCAL NOTES
This City is requesting $1,500 to purchase helmets, safety vest, and safety lighting for lower income children. A
local match of 20% is required. Washington County Bicycle Transportation Coalition volunteer hours would be
used to meet the 20% match requirement. No City hard dollars would be involved.
2
I:\LRPLN\Council Materials\2008\9-09-08 AIS ACTS Grant Application.doc
Agenda Item #
Meeting Date September 9, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Workshop for Comprehensive Plan Amendment CPA 2008-00006: Urbanization
Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Review and discuss with staff, proposed Comprehensive Plan goals, policies, and recommended action measures
recommended by the Planning Commission at their August 18, 2008 public hearing (CPA2008-00006).
STAFF RECOMMENDATION
Council is requested to become familiar with the Commission's recommendation to adopt Comprehensive Plan goals,
policies, and recommended action measures pertaining to Goal 14: Urbanization, and identify any additional material or
information to assist in making its decision at a public hearing scheduled for October 14, 2008.
KEY FACTS AND INFORMATION SUMMARY
The proposed Urbanization chapter included in the amendment is a result of Council's direction to complete a full
update of the Tigard Comprehensive Plan. The updated chapter is based on the extensive inventory and facts included
in the Tigard 2007 resource document that detailed current community conditions and trends and current circumstances
surrounding urban growth boundary decisions (Urbanization Summit and Urban/Rural Reserves Process). Additionally,
staff reviewed relevant findings from past citizen surveys and the Tigard visioning project. This ensured that the
expressed values and attitudes of the hundreds of citizens who participated in these efforts were incorporated into the
update of the Comprehensive Plan.
Council's direction to update the Comprehensive Plan also stressed the importance of garnering citizen input. The
opportunity for input was presented at two Policy Interest Team (PIT) meetings hosted by the Planning Commission.
The Planning Commission acted as the host for the Policy Interest Team meetings as staff felt this was important to the
process because the Commission is directly involved in implementing the City's growth management program. By
hosting the PIT meetings, the Commission was given the opportunity to fully understand the concepts and information
(see Attachment 3) before reviewing the information in the public hearing setting. The Commission, the PIT, and staff
found consensus on draft goals, policies, and recommended action measures through consideration of the technical
information, previously expressed values and attitudes, and concepts presented at the PIT meetings. Subsequently, the
Planning Commission held a public hearing on August 18, 2008. The Commission recommended the Council adopt the
updated chapter (Attachment 1) included in CPA2008-00006. No changes were requested at the public hearing.
Like all updated Plan chapters that will come before Council, it is important that the Urbanization chapter be technically
sound. Therefore, during the development of the chapter, various City departments were asked to review and comment
on its technical accuracy and conformance with applicable laws and rules. Also, the updated chapter was sent to state,
federal, and regional agencies for review.
1:\1,11PLN\COMP13LAN\VolumelI\CPA\2008-00006\CC Workshop\9-09-08 AIS CC Workshop CPA 2008-00006.doc 1
The intent of the updated chapter is to provide Tigard a much better foundation on which to prepare ordinances,
associated plans, development standards, programs, and intergovernmental agreements. This is necessary to provide the
tools needed to address the appropriate development and implementation of effective growth management and land
use programs. Such programs are essential to a high quality of life and the health, safety, and welfare of the
community. By adopting the new Comprehensive Plan chapter, the City signals that it is committed to a principle of
planning for and using land efficiently and wisely. Whether required by federal, state, and regional regulations, or simply
the aspirations and wishes of the community.
The proposed chapter provides a necessary update to the current language in the Comprehensive Plan, which is out of
date and limited in scope. The Oregon Land Conservation and Development Commission (LCDC) requires
jurisdictions to periodically update their plans to reflect current conditions, regulations, and information relating to the
Oregon Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with the Statewide
Planning Goals through goals and policies that act as the basis to manage, maintain, and expand the growth
management program of the community.
The meeting minutes from the Planning Commission public hearing can be found in Attachment 2.
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
Goal 2: Complete the update and begin the implementation of the Comprehensive Plan.
ATTACHMENT LIST
Attachment 1: Proposed Language for CPA2008-00006
Attachment 2: Planning Commission Meeting Minutes - August 18, 2008
Attachment 3: Concepts and Information presented to Policy Interest Team
FISCAL NOTES
N/A
I:\LRPLN\COMPPLANWolumelI\CPA\2008-00006\CC Workshop\9-09-08 AIS CC Workshop CPA 2008-00006.doc 2
ATTACHMENT 1
Emma-
~3+
f
Urbanization
'To provide for an orderly and efficient transition
from rural to urban land use, to accommodate
urban population and urban employment
inside urban ggrowtb boundaries, to ensure
efficient use of land, and to provide
for livable communities "
1
r r'
URBANIZATION
ADOPTED AMENDMENTS
DATE CPA# CHANGES
00/00/00 CPA2008-0000X San velessit lam euipit, se molum iureetue do
euiscip ero diatincinibh ea commy nullamc
onsequam dolobor am, sequatem venisi.
1 City of Tigard Comprehensive Plan
URBANIZATION
A significant challenge faced by many
communities is how to manage "As Tigard
growth, particularly the transition from
rural to urban land uses, or redevelopment to moves into the
more intense land uses. As Tigard moves into future, the City
the future, the City must manage growth for
the benefit of its citizens and businesses. The must manage
City must ensure that growth decisions result
in high-quality development, protect natural growth for the
resources, provide services in a coordinated
and logical manner, and are fiscally sound. benefit of its
The thoughtful planning of growth will
citizens and
help to accommodate future population and
employment, while addressing the community's
desire for a high quality of life.
The goals and policies contained in this chapter establish the basis for Tigard's
growth management decisions as they pertain to new lands that may be added to
the City. The policies also provide guidance on the City's commitment to coor-
dinating the provision of public facilities and services to urban development,
to help curb urban sprawl, and addressing the urbanization of unincorporated
lands. Coordination with the City's regional partners is particularly important to
the successful implementation of these policies.
URBANIZATION
`To pros ide for an order!y and efficient transition from atral to url?an land use, to accommodate url7an population
and in-ban evnploln>ent inside urban growth Goundafies, to ensure effuient use of landd, and to provide for lirahle
communities. "
One of the primary tools used in Oregon to control sprawl, preserve valuable
resource lands, and promote the coordinated and logical provision of public
facilities and services is the urban growth boundary. Tigard is located within the
Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the
responsibility for establishing and managing the UGB in order to accommodate
urban growth in the region for the next 20 years. The development of the initial
UGB for the region began in 1976 and was adopted in 1980 by Metro Council
and acknowledged by the Land Conservation and Development Commission as
being in compliance with Statewide Planning Goals.
Metro has expanded the UGB a number of times over the years and currently
Comprehensive Plan City of Tigard 14-1
URBANIZATION
Metro's management of the UGB is regulated through Title 11 of the
Metropolitan Ur/)an Grolvtlr Management-Functional Plan (UGMFP). The UGMFP
is a result of the state requiring Metro to develop goals and objectives to show
consistency with the Statewide Planning Goals, particularly the efficient use of
existing urban land to protect against unnecessary urban encroachment into
prime agricultural and forest land. The Metro goals and objectives, adopted
in the mid-1990s as the Regional Urban Growtb Goals and Objectives (RUGGO),
are part of the Regional Framework Plan (1997). The Regional Framework Plan
includes Metro. 2040 Gro)vtli Concept (1995), which is intended to result in a more
compact urban form. The UGMFP implements RUGGO and contains several
requirements for local implementation, including accommodating Metro's 2040
Growth Concept.
Tigard's geographic relationship to the UGB has not changed over time as its
city limits have never at any time touched, or approached, the UGB. This is
a result of Tigard being surrounded on the north, east, and south borders by
the adjacent cities of Beaverton, Portland, Lake Oswego, Durham, Tualatin,
and King City, while the west border of Tigard is separated from the UGB
by the unincorporated Bull Mountain area that currently contains urban level
development. Expansion of the Tigard city limits requires annexation of the
already developed unincorporated urban lands. Experience has shown that
property owners are, for the most part, reluctant to annex when they have
access to urban services and benefits; those provided by the county and service
districts, and those located within Tigard such as parks, library, emergency police
response, employment, and shopping opportunities.
More efficient use of existing and underdeveloped City lands and unincorpo-
rated urban level development are the primary issues facing the City's growth
management decisions. There are few large, vacant parcels of developable land
remaining in the City, but there are significant opportunities for redevelop-
ment. The City's downtown and major transportation corridors present feasible
opportunities. Pertaining to unincorporated development, the City has operated
under an Urban Planning Area Agreement with Washington County since 1983
that recognizes Tigard as the ultimate governance provider within the Urban
Planning Area (UPA). However, almost all of the unincorporated area has been
urbanized by Washington County.
The current UPA encompasses the city limits as well as unincorporated areas of
Bull Mountain and Metzger, but does not include the 2002 West Bull Mountain
(areas 63 and 64) additions to the UGB. As required by Oregon Revised Statute
195, the City has also entered into the Tigard Urban Service Agreement with
14-2 City of Tigard Comprehensive Plan
P '
P P•
URBANIZATION
agencies/ districts that provide services within
Tigard Urban Services Area (TUSA). The agree- "'Washington
ment outlines the role, provision, area, and
planning/ coordination responsibilities for service County is
providers operating with the TUSA. The TUSA
collaborating
is important to the City, particularly the planning
and coordinating with special districts, because
o
with Metr
it helps the City to ensure the best services are
provided to its citizens. The Agreement was last jurisdictions
updated in July 2006 and again identifies Tigard to identify
as the ultimate governance provider to the TUSA,
which coincides with the UPA.
urban and
The City put forward a plan to annex the unin- rural reserves
corporated Bull Mountain area of the TUSA to
voters in 2004. City of Tigard residents over- that will
whelmingly passed the measure, but residents in dictate any
the area to be annexed soundly defeated it, thus
leaving the status quo. Then in 2006 an incorpo- needed
ration effort took place to form the City of Bull Mountain and was again turned down by voters. future UGB
The issue of unincorporated urban level develop-
ment gets more complex as Washington County
master plans areas 63 and 64 without answering
the question as to who will provide governance and urban services. The position
of the City of Tigard is that cities are better equipped to provide governance
and urban level services than counties. Tigard currently is precluded from
providing urban services to these areas as evidenced by the annexation vote in
2004. Until areas 63 and 64 can be included within an existing city; the City of
Tigard opposes the provision of services that would allow for urban level devel-
opment within the areas.
Additionally, Washington County is collaborating with Metro jurisdictions to
identify urban and rural reserves that will dictate any needed future UGB expan-
sions. The provision and financing of public services and facilities to these
areas remains unclear and a major growth management question for the City of
Tigard in planning for the future.
Comprehensive Plan City= of Tigard 14-3
URBANIZATION
The City of Tigard is committed to providing its residents with governance and
urban services in an efficient and cost effective manner. Any expansion of the
City boundary must ensure that public facilities and services are adequate to
support the area and those benefiting from the services pay their fair share.
KEY FINDINGS:
■ Metro manages the expansion of the Portland Metropolitan Urban Growth
Boundary.
■ The Regional Urban Groiab Goals and Ofyeah)es are intended to result in more
compact urban growth.
■ The City of Tigard has entered into agreements with Washington County
that identifies the City as the ultimate governance provider in the designated
Tigard Urban Service Area.
■ Almost all of the City's currently identified Urban Services Area has been
urbanized in unincorporated Washington County.
■ Unless current state law and county policies change, it is not realistic that
Tigard will annex and provide services to urban growth boundary expansion
areas 63 and 64.
■ The provision and financing of services to areas 63 and 64 is a major growth
management question for the City.
■ The City of Tigard is committed to managing urban growth wisely and
providing efficient and cost effective services to its residents.
■ The citizens of Tigard are concerned about growth and its impact upon the
community's natural resources, existing development, and public services.
GOAL:
14.1. Provide and/or coordinate the full range of urban level services to lands
and citizens within the Tigard City limits.
14-4 Cityof Tigard Comprehensive Plan
;gyp F
URBANIZATION
POLICIES:
1. The City shall only approve the extension of City services:
A. where applications for annexation for those properties have been
approved; or
B. in circumstances where applicable state and county health agencies
have declared a potential or imminent health hazard pursuant to
ORS 431.705 to 431.760 (Health Hazard Annexation or Service
District Formation).
2. The City shall maintain, and amend when necessary, agreements with
Washington County that recognizes the City as the ultimate provider of
governance and identified services to the Tigard Urban Services Area.
3. The City shall, as needed, coordinate and/or participate in planning
activities or development decisions within the Tigard Urban Services
Area.
4. The City shall protect the existing and future delivery of City services
and only support the formation of a new service district, or expan-
sion of existing districts, that will not create a conflict within the Tigard
Urban Services Area.
5. The City shall enter into and maintain intergovernmental agreements
with service districts operating within the Tigard Urban Service Area to:
A. define short and long term service provision roles;
B. specify the terms and conditions of withdrawal of territory from
service districts and the transition of capital facility ownership and
administration to the City;
C. provide for the coordination of plans and programs to eliminate
duplicity and minimize conflict; and
D. ensure that services are provided consistent with the City's adopted
Public Facility Plan.
RECOMMENDED ACTION MEASURES:
i. Regularly review the Tigard Urban Services Agreement with
Washington County and amend it as necessary.
Comprehensive Plan City of Tigard 14-5
" r
I'
URBANIZATION
ii. Coordinate the review of land use proposals in the Tigard
Urban Services Area with Washington County and mandate
annexation of development that requires City services.
iii. Ensure the City is represented in planning efforts for unincor-
porated urban lands within the Urban Growth Boundary.
iv Regularly review existing intergovernmental agreements with
service providers operating within the Tigard Urban Services
Area and propose amendments as needed.
V. Encourage the City, County and service districts to adopt
compatible facility design standards.
vi. Coordinate the development and implementation of the
City's Public Facilities and Capital Improvement Plans with
Washington County, service districts and other service
providers within the Tigard Urban Services Area.
GOAL:
14.2. Implement the Tigard Urban Services Agreement through all reasonable
and necessary steps, including the appropriate annexation of unincorpo-
rated properties.
POLICIES:
1. The City shall assign a Tigard zoning district designation to annexed
property that most closely conforms to the existing Washington County
zoning designation for that property.
2. The City shall ensure that capacity exists, or can be developed, to provide
needed urban level services to an area when approving annexation.
3. The City shall approve proposed annexations based on findings that the
request:
A. can be accommodated by the City's public facilities and services; and
B. is consistent with applicable state statute.
14-6 City of Tigard Comprehensive Plan
N N
N
URBANIZATION
4. The City shall evaluate and may
require that parcels adjacent to
"The City
proposed annexations be included to:
shallensure
A. avoid creating unincorporated
that capacity
islands within the CityT;
B. enable public services to be effi-
exists, or can
ciently and effectively extended to
the entire area; or developed,
C. implement a concept plan or
sub-area master plan that has to provide
been approved by the Planning
needed urban
Commission or City Council.
level services to
5. The City shall periodically update
and/or amend its Public Facility Plan an area when
to ensure the predictable and logical
approving
provision of urban services for areas
anticipated to be within the Tigard
annexation.
city limits.
RECOMMENDED ACTION MEASURES:
i. Periodically review and update the City's annexation methods
and encourage property owners within the unincorporated
Tigard Urban Services Area to annex based upon the benefits
associated of being within the City limits.
ii. Clearly communicate and maintain a positive dialog with unin-
corporated residents within the Tigard Urban Services Area
regarding the benefits associated with being a City resident.
iii. Utilize and promote incentives, as appropriate, to encourage
owners of unincorporated properties to annex to the City.
iv. Develop criteria and procedures to encourage and, when
necessary, require owners of adjacent parcels to also annex to
the City when neighboring parcel(s) annex.
Comprehensive Plan City of Tigard 14-7
URBANIZATION
GOAL:
14.3. Promote Tigard citizens' interests in urban growth boundary expansion
and other regional and state growth management decision.
POLICIES:
1. The City shall support regional and state growth management decisions,
while promoting policy that supports cities as the best building blocks of
an efficient, stable, and compact urban region.
2. The City shall support regional Urban Growth Boundary management
decisions that promote the development of an efficient and compact
urban form, prevent future unincorporated urban development, and
prevent urban sprawl.
3. The City shall maintain the low-density residential character of its
existing single family residential neighborhoods and accommodate more
intense urban land uses in its regional and town centers and within major
transportation corridors to be consistent with Statewide Planning Goals
and the Metro Framework Plan.
4. The City shall only provide municipal services within its city limits, in the
absence of a signed intergovernmental agreement.
5. The City shall only support the formation or expansion of service
districts or special county funding levies if these actions will not cause
the expansion of unincorporated urban areas.
RECOMMENDED ACTION MEASURES:
i. Encourage Metro to adopt requirements that new lands added
to the Urban Growth Boundary be planned for urbanization
by existing cities and annexed prior to development.
ii. Work with the state, Metro and other jurisdictions to resolve
legislative and jurisdictional policy barriers to city annexation
of new lands that are added to the Urban Growth Boundary.
14-8 City of Tigard Comprehensive Plan
~ u
ur ; '
r
URBANIZATION
iii. Encourage the state and Metro to establish criteria for the
formation of new municipal governments to ensure they
be fiscally sustainable and consistent with state and regional
growth management objectives.
iv Work with Washington County, its cities, Metro, and others to
address:
A. public service equity issues associated with unincorporated
urban development; and
B. prevent blight conditions associated with underserved
urban development.
V. Participate in state and regional efforts to develop equitable
ways to fund public infrastructure needed to better provide for
existing needs and support projected employment and popula-
tion growth.
Comprehensive Plan City of Tigard 14-9
10. URBANIZATION
an-fievifier., hayA- t.n- -hA- GeeMinated, and -And- balann~A-A all of the other available land
.
Findings
The Gity of T-qgaFd grew ftem 5,302 people 1970 to 14,286 people OR 1990 (GeF;6us 19-70 p-,
by the yeaF 2000. The r-urrent 1983 pepulatiOR i6 18,37-9. A peFfien ef this iRGFease ir. due te
aMexaf16Rs.
of appFoximately 8.6 squaFe miles.
A." ';;Rds w6then the T-*gaFd UFban P!aRn*Rg AFea as well as the Gity Limits have been de6ignated
BeURdafy.
uses within the T-*gaFd IJFbaR Planning AFea (T.W.P.A.). Wa6hiRgteR GewRty FetaiMS legal
already developed to wbaR *Rten6iti% will be Fnade available feF UFbaF; U6e6 VOR RR WhAR
6ePV*Ges WhiGh must be available at the time of developm&PA,
CPA2008-00006 1 Attachment 1
City of Tigard Goal 14: Urbanization
Development GhaF99 (SDG) on new housing develepmepA-.
Gity'S aS Well a6 that of eastem Washington Gounty; majeF sewage syste-M s-;*nr-,R- 1970-
kg and annexation was adopted On 1983. ThA nf thOS agFeeMeRt
lapse on januaFy 1, 1984 (9F a lateF date Of the paFtie6 e)dend the agFeement) aRd the 1980
The Gity haG made a SigRftant 8#00 OR the past to maRage the IGGatiGR and type Of gFO)A4h,
aRd tO GOWdinate this gFOVAh With the extension of 6epv*Ge6 aRd expansion of faGili
1I*mltr,
POLIG1ES
Tv i. i PRIORTO HE ANN 44:10 I GF 1-4110 TQ TI-IC CITY Grin TIGARD:
a. THEM cue61= R-VIEON F°;= THE FOLLOWING SERVICES As T-()
ADEQUATE GI° CITY OR SUCH SERVIG€S TO BE MADE AVA16ABLE, TO
SERVE THE PA°G€6 IF DEVELOPED TO THE MOST INTENSE IJSF=
e11 0WED*, AND nND rVentC1C NOT SIGNIFIGANT6X RF=DJGE THE LEV€6 OF
I\CCCr~yCL TVT I• r
SERVIGES AVAII ARI E TO DEVELOPED AND NDDEV€I=9P€;, I -AND WITHIN
Tki€ CITY nG Tlr_eon TH€RV€S A R-&
1. WATER;
2. SEWER;
AINAGE,
CPA2008-00006 2 Attachment 1
City of Tigard Goal 14: Urbanization
A CTDCCTQ-
PRE DROTEGTI(1AI
* Plan. u69 allewed by theGOnditionG of appFeval, the ;-,n- AR OF the G TLIC CrllI (1\A/!NG;
-rr-rL-r-v ccv v • v v
THE FORMATION OF A LOG AL IMPIP 01,1E ACAIT =115 PU T /I I Il \ FOR
ANY OF THE FOLLOWING SERVIGES THAT GOULD BE PROVIDED
-OVEMENT
THROUGH SUGH A DISTRICT THE EXTENSION OR IPAPR
(1R Tl-IC Cl11 I f1\A(1A1r.
a`
~~i~ "tom
CTDCCT_C
THE FORMATION OF A SPEGIAL DISTRIGT FOR ANY OF THE ABOVE
CRVIGE DIIQTRIP`T FOR AAIV (1 THE AR014E ~`Eo\,=.a /I
THE GITV SHALL PROVIDE URBAN Q TO AREAS WITHIN THE
TIG-.A.R-D WRBAN PLOWING AREA OR-WITH THE. URBAN GROIAgH
SOL
19.1.2 13Y THE G= SHAI I RE
RASED QN-PNOINGS WITH RESPEGT TO THE FOLLOWING;
THE ANNEXATION ELIMINATES AN EXISTING "POCKET' OR "IQIAA111" OF
r s v csc,
UNINGORPO TEED TIFERRITORY; OR
MQL
b. THE ANNEXATION WILL NOT GREATE AN IRREGULAR IND61NDAW-444AT
-DETERMINE \AMCTI-ICR THE DAD!`CI IQ WITHIAI OR OUTSIDE THE GlpV;
G. THE PGLIGF= DEPARTMENT HAS GOMMENITED UPON THE ANNEXATIONi
d. THE L40 16 LOGATED WITHIN THE TIGARD UR13AN PLANNING AREA AND
Is CONTIGI OWS TO THE GIP~ BOUNDARY;
A. THE ANNEXATION GANBE AGGOMMODATED BY THE SERVIGES LISTED 1N
44.3 UPON ANNEXATION OF= LAND INTO THE GIT-Y-WHIGH GARRIES A WASHINGTON
GOWNT-Y ZONING DESIGNAXION, TH ' P CITY OF TIGARD SHA61= ASSIGN THE GIP(
GONPGRMS TO THE GOWNTY ZONING DESIGNATION.
'Rev. OFF AA
-21)
CPA2008-00006 3 Attachment 1
City of Tigard Goal 14: Urbanization
40 .2 C TCAICION OF CCQ\/IGEC OUTSIDE Tmr= CITY IMPS
POUGES
W.24 Twr= CITY SHALL NOT APPROVF= THE EXTENSION OF GITY OR-4NW-E-D
C\A/CQe;E Af`ENGY (USA) WAIFS CYr
RFEAI CI BMITTED TO THE GITY; OR
-h-WHERE A JONREMONSTF ANC€- AGRR€ ARNIT TO ANNEX T- GSF=
QnDCQTIEC UDC RCCAI CI(`AICn eAll'1 RC(`R~1CD WITH \AASHIAIr`_TrIAI
WHERE THE APPLICABLE CTATC OR GO NTV HEALTH AGENG HAS
--v-vr-rcrcc40.2.2 IN' ADDITION TO THE REQUIR9MENTS OF Dn' iON OF
a-WhISESS -PUITS-PrE OF THE CITY IIA4ITC 814ALL NOT REDUGc THE
FI"\ I C\/CI Cr1Q AREAS WITHIN THE GIP(-.
eDe!`1 RCIf1\A/T C OCnI IM
10.2.3 r-t%7~DREGQNDITIQN TO THE APPROVAL OF THEM EXTENSION OF SERVIGES
OUT-SIDE THE GIP~ LIMITS, THE GITY SHALL HAVE THE RIGHT OF RE AN-FOR
THE TIGARD URBAN PLANNING AREA (REFERENGE TIGARD'S URBAN PLANNNG
3REEMENTS -WITH WASHINGTON COUNTY). -THE SHALL-R&Q-11
THAT nF\oc /CIcvD I\Ar= AIT WILL NOT,
-n~rrrrpc (1
DREGI UMMF T-HE CIS. ID~R MEWPOPMENT OF THE PROPERTIES To
MNISITI
h DREGLUDE THE SUBSEQUENT DEVELOPMENT OF SWRPQUNQWG
DRl1DERTIEC
H S REVIEW SHALL INGLUDE THE- FOLL WING FAGT-QRS AS SET FORTH 1N THE-
EMENTATING
I AND I ICE•
DENSITY;
DI e/`CMENT !'1C CTDI I!'`TI IDCC (lAl TLIC CITE•
STREET ALIGNMENT; AND
ri. DRAINAGE
11\ADI C1 ENTAT-10 CT.12-_c._FhICC
CPA2008-00006 4 Attachment 1
City of Tigard Goal 14: Urbanization
weas only -RftA-.r R- the-Ire-ugh study addM66iRg statewide Planning Gea'6, and Gity and
A. The Gity shall pFevide a Gapital impmvemeRt plaR (GIP) that will pFeFAAtFk thA dW ' fAlepMeRt 0
established
to the needs of both the Gity aRd Gounty.
POLIGIE-9
1n Z 4 THE rITV SHALL r^AICIB€R ANNEXATION REQUESTS OUTSIDE THEM TIGARD
rn"ICICT€NT--WITH 10.1 AND 10.2 AND AMENDMENT OF THE
AGREEMENT BETWEEN THE rITV AND THE r^' IAITV
10 a THE r1TV eH!!66 BISAURd1G€ EXPANSION OF THE TIGARD URBAN PLANNING
AREA IN A MANNER \A HIGH \A/^I 11 n RECI 11 T IN AN IRREGULAR PLANNING ARFA
ARID INI FFDrIENT RROVIC10 AI OF RI 1I]I Ir EAr1I ITIEC ARID SERVICEC
CPA2008-00006 5 Attachment 1
City of Tigard Goal 14: Urbanization
Policy Interest Team Meeting #3
Urbanization - Draft Goals, Policies, and Recommended Action
Measures
Goal:
14.1. Provide and/or coordinate the full range of urban level services to lands and rke
res-i~ citizens within the Tigard City limits.
Goal 14.2 Commentary:
The City has an obligation to its citizens to ensure the provision of the best facilities and
services the community can fund. Providing services outside of the city limits hinders the
City's ability to meet its obligation to its citizens.
Policies:
1. The City shall fiet only approve the extension of City services e3feept:
A. where applications for annexation for those properties have been approved;
or
B. in circumstances where applicable state and county health agencies have
declared a potential or imminent health hazard pursuant to ORS 431.705 to
431.760 (Health Hazard Annexation or Service District Formation).
Note: This policy was adopted by City Council in November 2007
Policy 1 Commentary:
The City of Tigard's position is to not supply urban services outside of its city limits. The
simple application for subdivision and/or annexation should not be enough to approve the
extension of services, but the approval of the applications must happen first. An exception
to the policy is that when it can be proven that a health hazard exists that will be eliminated
by the extension of the service. Criteria for identifying a health hazard are located in the
Oregon Revised Statutes. However, providing services in the case of a Health Hazard
annexation also means that the affected properties must annex to the jurisdiction/agency
providing such services.
2. The City shall maintain, and amend when necessary, agreements T T--' e...__:....
Agreernen with Washington County that recognize the City as the ultimate provider
of governance and identified services within the Tigard Urban Services Area.
Policy 2 CommentaQ
The City has operated under an Urban Planning Area Agreement with Washington County
since 1983 that recognizes Tigard as the ultimate governance provider within the Urban
Planning Area (UPA). The current UPA contains the city limits as well as unincorporated
areas of Bull Mountain and Metzger. The City also has entered into the Tigard Urban Service
CPA2008-00006 1 Attachment 3
City of Tigard 8/25/2008
Agreement with Washington County. The agreement outlines the role, provision, area, and
planning/ coordination responsibilities for service providers operating with the Tigard Urban
Service Area (TUSA). The Agreement was last updated in July 2006 and again identifies
Tigard as the ultimate governance provider to the TUSA, which coincides with the UPA.
These agreements have been put into place because of the recognition that cities are better
suited to provide urban level services than county government (Oregon Administrative
Rules). Maintaining the City's agreements provides the possibility that Tigard may eventually
govern new UGB expansions.
3. The City shall, as needed, coordinate and/or participate in planning activities or
development decisions within the Tigard Urban Services Area.
Policy 3 Commentary:
The City needs to be involved in decisions related to growth planning or development
applications within the TUSA. This will help to ensure that if the unincorporated lands
within the TUSA are annexed, the public facilities and services will be available to serve the
planned growth or existing development. Conformance with adopted plans and agreements
will also be checked during this process.
4. The City shall oppose formation of any new service district, or expansion of existing
districts, within the Tigard Urban Services Area that could conflict with the existing
and future delivery of City services.
Potential Alternatives
The City shall protect the existing and future delivery of City services and
oppose the formation of any new service district, or expansion of existing
districts, that could create a conflict within the Tigard Urban Services Area.
Policy 4 Commentary:
The City has a need to protect its rights as an identified urban services provider within the
TUSA. The City commits significant staff resources to plan for capital improvement needs
and then finances these improvements to better serve its residents. If the plans and facilities
are weakened by new or expanded districts, the City and its residents bear any associated
financial burdens. Cities already bear inequitable/non-assignable costs imposed by
underserved unincorporated urban areas when their residents use city services such as parks,
libraries, transportation facilities, public safety, etc. Expanding/ creating districts to promote
additional unincorporated urban development damages the integrity of intergovernmental
service provision and planning agreements and interferes with the City's ability to be
efficient and effective in its own services.
5. The City shall enter into and maintain intergovernmental agreements with service
districts operating within the Tigard Urban Service Area to:
A. Define short and long term service provision roles;
CPA2008-00006 2 Attachment 3
City of Tigard 8/25/2008
B. Specify the terms and conditions of withdrawal of territory from service
districts and the transition of capital facility ownership and administration to
the City;
C. Provide for coordination of plans and programs; and
D. Require services are provided consistent with the City's adopted Public
Facility Plan.
Policy 5 Commentary:
It is in the interest of the City to enter into agreements with any service provider operating
within the TUSA to ensure everyone is receiving adequate, efficient, and effective services.
This includes the planning of services, the need to eliminate duplicity of services thru
coordination, and defining the role of the providers. As importantly, the long term service
role must also be well defined. This includes the transition of facility ownership and
management, when these transfers should take place, and coordination to require service
provision is consistent with adopted plans.
Recommended Action Measures:
i. Regularly review the Tigard Urban Services Agreement with Washington County
and amend it as necessary.
ii. Coordinate the review of land use proposals in the Tigard Urban Services Area
with Washington County and require annexation of development that requires
City services.
iii. Ensure the City is represented in planning efforts for unincorporated urban lands
within the Urban Growth Boundary and in Metro decisions to expand the urban
growth boundary.
iv. Regularly review existing intergovernmental agreements with service providers
operating within the Tigard Urban Services Area and propose amendments as
needed.
V. Encourage the City, County and service districts to adopt compatible facility
design standards.
vi. Coordinate the development and implementation of the City's Public Facilities
and Capital Improvement Plans with Washington County, service districts and
other service providers within the Tigard Urban Services Area.
CPA2008-00006 3 Attachment 3
City of Tigard 8/25/2008
Goal:
14.2. Annex unincorporated properties as opportunities arise in order to implement the
Tigard Urban Services Agreement.
Potential Alternatives
Implement the Tigard Urban Services Agreement through all reasonable and
necessary steps, including the appropriate annexation of unincorporated properties.
Take all reasonable and necessary steps to implement the Tigard Urban Services
Agreement, including annexation of unincorporated properties as opportunities
arise.
Goal 14.2 Commentary:
Tigard has been identified as the ultimate provider of certain urban services with the TUSA.
Tigard's position is that cities are better suited to provide urban level services and will
welcome voluntary annexations as property owners inquire about the process and services
that will be received.
Policies:
1. The City shall assign a Tigard zoning district designation to annexed property that
most closely conforms to the existing Washington County zoning designation on
that property.
Policy 1 Commentary:
Metro and its regional partners have invested greatly in the planning of the region. This
ranges from solid waste removal to transportation planning. In order for these planning
efforts to realize their intended outcomes, jurisdictions must cooperate in implementing the
assumptions of the efforts. Washington County has adopted a comprehensive plan for its
unincorporated areas that assumes a certain level of development in the future. This
includes housing and employment allocations that they are obligated to fulfill. When a
property annexes to a city, it is important for the planning assumptions to remain intact for
the region to function as intended. This is especially true to reduce negative impacts upon
the transportation system from higher than planned densities/uses.
2. The City shall ensure the capacity exists, or can be developed, to provide needed
urban level services to the area when approving an annexation.
Policy 2 Commentary:
The City is responsible for the provision of urban services to its residents. An important
part of this responsibility is adopting plans and programs to act as a guide. When a property
is proposed to be annexed, the City is obligated to analyze current conditions and future
plans for services to ensure the capacity exists, or will in the future, to effectively serve the
CPA2008-00006 4 Attachment 3
City of Tigard 8/25/2008
annexed property without diminishing service provision to current residents and their
properties.
3. The City shall approve proposed annexations based on findings that the request:
A. Eliminates an island of unincorporated territory within the City; or
B. Is contiguous to current City limits and is located within the Tigard Urban
Services Area; and
C. Can be accommodated by City's public facilities and services.
Policy 3 Commentary:
State law governs the annexation of property in Oregon. Municipalities are allowed to annex
islands, based on a number of requirements, without consent of the property owners. This
eliminates inefficient provision of services based on fragmented patches of governance. If
outside of an island, state law mandates a property be contiguous to the city limits to be
eligible for annexation. This again helps to eliminate fragmented governance. In both cases,
the annexed properties will now be paying taxes for facilities and services they either already
access or would in the future. In addition to following state law, the City must still ensure
the capacity exists to accommodate the services and facilities needed for the property.
4. The City shall evaluate and require, when appropriate, parcels adjacent to proposed
annexations be included to:
A. Avoid creating unincorporated islands within the City;
B. Enable public services to be efficiently and effectively extended to the entire
area; or
C. Implement a concept plan or sub-area master plan that has been approved by
the Planning Commission or City Council.
Policy 4 Commentary:
T
It is in the City's interest to avoid creating unincorporated islands within the City because of
the consequences of fragmented governance and inefficient delivery of services that is
associated with islands. When application for annexation is made with the City, requiring
properties to join the annexation to eliminate the creation of an island is preferable.
Additionally, ensuring public services are being extended efficiently is in the best interest of
the City and its residents. Requiring a property to join an annexation to ensure efficient
extension of service, or to implement an adopted land use plan for the area is also preferable.
5. The City shall develop, eeardinate, and implement an adopted periodically update
and/or amend its Public Facility Plan to ensure the predictable and logical
provision of urban services for areas anticipated to be within the City Limits.
Policy 5 Commentary:
State law requires the adoption of a Public Facility Plan for the City of Tigard. Included in
the plan are an inventory and assessment of existing systems and an identification of projects
needed to support land uses designated in the Comprehensive Plan. The purpose is to
ensure a timely, efficient, and orderly arrangement of facilities and services.
CPA2008-00006 5 Attachment 3
City of Tigard 8/25/2008
Recommended Action Measures:
i. Periodically review and update the City's annexation methods and encourage
property owners within the unincorporated Tigard Urban Services Area to annex
based upon the benefits associated of being within the City limits.
ii. Clearly communicate and maintain a positive dialog with unincorporated
residents within the Tigard Urban Services Area regarding the benefits
associated with being a City resident.
iii. Utilize and promote incentives, as appropriate, to encourage owners of
unincorporated properties to annex to the City.
iv. Develop criteria and procedures to encourage, and when possible, require
owners of adjacent parcels to also annex to the City when neighboring parcel(s)
annex.
Goal:
14.3. Promote £e--Tigard residents' interests in urban
growth boundary expansion and other regional and state growth management
decisions.
Goal 14.3 Commentary:
The City wants access and representation in decisions regarding expansion and growth in the
region; essentially our due process rights as a member community must be preserved and
used. In addition, Washington County and the state are involved as it pertains to the Urban
Reserve and Rural Reserve issues. They must work in tandem with the City to make
decisions that affect Tigard residents. The City must have a seat at the table during the
decision-making process.
For example, urbanization decisions on new UGB lands can have profound impacts on
Tigard's Transportation System; negatively affect the City's ability to redevelop its
Downtown and Highway 99W Corridor; and further burden City services through
unincorporated urban development.
Policies:
1. The City shall support Metro regional and state growth management decisions,
while promoting policy that to the extent +hey supports cities as the best building
blocks of an efficient, stable, and compact urban region.
Policy 1 Commentary
Over the years, in addition to the management of the Urban Growth Boundary (UGB),
Metro has become much more involved in other growth management decisions. These are
related to the development of a compact urban form, efficient/effective use of
CPA2008-00006 6 Attachment 3
City of Tigard 8/25/2008
infrastructure, natural resource protections, transportation planning, focusing development
in centers, corridors, employment lands, etc. The City has agreed with and been involved in
the implementation of these principles and needs to continue to be engaged in the regional
and state political/growth management discussions. One issue the City has a pressing
interest in is the urban level unincorporated development that has taken place in the region,
some of which abuts the City's boundaries. The City's position is that cities are better suited
to provide urban services. The taxing structures of counties and cities are set up to make
cities better suited to provide urban services and implement regional growth management
principles. However, this has not stemmed continued unincorporated urban growth.
Addressing this issue is important to not only the City of Tigard, but to the region as a
whole.
2. The City's support of regional Urban Growth Boundary management decisions shall
consider if these actions prevent future unincorporated urban development, prevents
urban sprawl, and promotes the development of an efficient and compact urban
form.
Policy 2 Commentary:
One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands,
and promote the coordinated and logical provision of public facilities and services is the
urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth
Boundary (UGB), where Metro has the responsibility for establishing and managing the
UGB in order to accommodate urban growth in the region for the next 20 years. Existing
unincorporated urban development presents a problem when UGB expansion is proposed
as it may block a city's ability to expand and provide services to new UGB areas. This
undermines the position of the region's cities as the best building blocks of an efficient,
stable, and compact urban region.
3. The City shall maintain the low-density residential character of its existing single
family residential neighborhoods and accommodate more intense urban land uses in
its regional and town centers and within major transportation corridors to be
consistent with Statewide Planning Goals and the Metro Framework Plan.
Policy 3 Commentary
The City and its residents would like to protect existing single-family neighborhoods to
retain the low density residential character of much of the community. Seventy percent of
Tigard is zoned residential, with low density zoning (7500 square foot minimum lot size or
greater) occupying 41.5% of City land. In order for the community to retain this character, a
need exists to accommodate more intense urban land uses within its town and regional
centers and major transportation corridors.
Metro has designated Washington Square as one of nine Regional Centers; all having
connections via high-capacity transit and highways. Town Centers (Tigard Downtown) are
intended to be a principal center of urban life, while corridors (99W and Hall Blvd) are
CPA2008-00006 7 Attachment 3
City of Tigard 8/25/2008
intended to feature a high-quality pedestrian environment, convenient access to transit, and
somewhat higher than current densities.
4. The City shall not provide municipal services outside its city limits.
Policy 4 Commentary:
City residents pay City taxes, while residents living in unincorporated urban development do
not pay City taxes. Based on the principle of equity, Tigard residents should not subsidize
services provided outside of the municipal boundary. This includes the maintenance of
infrastructure, the provision of staff services, and infrastructure capital improvements.
5. The City shall not support the formation or expansion of service districts or special
county funding levies if these actions result in the expansion/or intensification of
unincorporated urban areas.
Policy 5 Commentary
Expansion and formation of service districts and special levies support unincorporated
urbanization, adding to the problems associated with this type of development. The
uncontrolled expansion of service districts exacerbates some negative growth management
consequences.
A significant part of the City's currently identified Urban Planning Area (this includes
Metzger and Bull Mt.) has been urbanized in unincorporated Washington County. Key
services, mainly sewer services, have been provided by County Service Districts. Public
safety has been accommodated to a degree by enhanced Washington County Sheriff's
services. The consequence is that residents of these areas use services provided Tigard and
other cities that are not provided by the County (parks for example). This situation negates
incentives for property owners to annex to the City.
The provision urban services by service districts to unincorporated urban lands have
negative growth management consequences as stated above. In Tigard's situation,
unincorporated development in the Bull Mountain area now separates urban growth areas 63
and 64 from Tigard. Because these areas are not contiguous, they cannot be annexed to the
city. Therefore, absent a change in Washington County's policy and state annexation law, the
City should not continue to plan to provide services for these areas.
Recommended Action Measures:
i. Encourage Metro to adopt requirements that new lands added to the Urban
Growth Boundary be planned for urbanization by existing cities and annexed
prior to development.
ii. Work with the state, Metro and other jurisdictions to resolve legislative and
jurisdictional policy barriers to city annexation of lands that are within the urban
growth boundary.
CPA2008-00006 8 Attachment 3
City of Tigard 8/25/2008
iii. If there are to be new cities in the Portland Metropolitan region, encourage the
state and Metro to establish criteria for the formation of new municipal
governments to ensure they be fiscally sustainable and consistent with state and
regional growth management objectives.
iv. Work with Washington County, its cities, Metro and others to address:
a. public service equity issues associated with unincorporated urban
development;
b. quality of life needs and desires of both incorporated and unincorporated
residents; and
c. preventing blight conditions associated with underserved urban
development.
V. Participate in state and regional efforts to develop equitable ways to fund public
infrastructure needed to provide for existing service needs and support projected
employment and population growth.
CPA2008-00006 9 Attachment 3
City of Tigard 8/25/2008
ATTACHMENT 2
CITY OF TIGARD Q
PLANNING COMMISSION
q~
Meeting Minutes r
August 18, 2008
1. CALL TO ORDER
Acting President Jeremy Vermilyea called the meeting to order at 7:03 p.m. The meeting was
held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Present: Acting President Vermilyea; Commissioners: Anderson, Caffall, Doherty, Fishel,
Hasman, and Muldoon
Commissioners Absent: President Inman, Commissioner Walsh
Staff Present: Darren Wyss, Senior Planner; Marissa Daniels, Assistant Planner; Doreen
Laughlin, Administrative Specialist II
3. COMMUNICATIONS
It was noted there would be only one meeting in September due to the Labor Day holiday.
That meeting would be September 15 and Councilor Buehner would attend and entertain any
questions they might have of her as the liaison to the commission.
4. APPROVE MEETING MINUTES
Minutes were not yet complete from the last meeting, so two sets of minutes were up for
approval. There was a motion by Commissioner Muldoon, seconded by Commissioner Fishel,
to approve the July 21, 2008 minutes. The motion carried as follows:
AYES: Anderson, Fishel, Hasman, Muldoon, and Vermilyea
NAYS: None
ABSTENTIONS: Caffall, Doherty
EXCUSED: Inman, Walsh
There was a motion by Commissioner Caffall, seconded by Commissioner Doherty, to approve
the August 4, 2008 minutes. The motion carried as follows:
AYES: Commissioners Anderson, Caffall, Doherty, Fishel, Hasman, & Vermilyea.
NAYS: None
ABSTENTIONS: Muldoon
EXCUSED: Inman, Walsh
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5. PUBLIC HEARING - Goal 14 Urbanization - CPA2008-00006
REQUEST: To amend the current Comprehensive Plan Topic 10: Urbanization by
updating the goals, policies and recommended action measures to reflect current
community conditions and values. The complete text of the proposed Amendment
can be viewed on the City's website at http://www.dgard-or.gov/code-
amendments. LOCATION: Citywide. ZONE: All City Zoning Districts.
APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement;
Land Use Planning; Parks, Recreation, Trails, and Open Space; Public Facilities and
Services; Transportation; and Urbanization; Metro Functional Plan Title 11; and
Statewide Planning Goals 1, 2, 8, 11, 12, and 14.
Senior Planner Darren Wyss explained that the Comp Plan Amendment before the
Commission at this time would update the goals, policies, and recommended action
measures pertaining to Statewide Planning Goal 14: Urbanization.
He noted that the purpose of Goal 14 is "To provide for an orderly and efficient transition
from rural to urban land use, to accommodate urban population and urban employment
inside urban growth boundaries, to ensure efficient use of land, and to provide for livable
communities." By adopting this amendment, the City will ensure continued compliance with
state and regional requirements and programs, and also ensure future growth management
decisions are made in the best interest of Tigard's citizens. The amendment will also replace
outdated language that was adopted in 1983 and allow the City to be flexible and responsive
to current conditions. The proposed amendment went thru a review process that included
two Policy Interest Team (PIT) meetings hosted by the Planning Commission (PC).
Wyss reminded the Commissioners that staff used the Planning Commission as host to
Policy Interest Team meetings because of the important role the Commission has in helping
to develop and implement the land use/growth management programs in the City. He said
that staff felt that by being involved from the beginning, the Commission had a better
opportunity to fully understand the concepts and information that they were being asked to
make decisions upon.
The PC and PIT members used the preliminary language formulated by staff and its
associated commentary that explained the intention, to review and edit into the draft
language found in Exhibit A.
The language developed by the PC/PIT was also reviewed by City departments, local
jurisdictions, state/regional agencies, and special service districts. He noted that comments
are found under Sections VI and VII of the Staff Report. No changes were made based on
their review. Additionally, the city attorney reviewed the language and staff report findings
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and, based on this review, staff has made one minor change. The change is to Policy 3,
under Goal 14.2 and was summarized in a July 28th memo to the PC.
The suggested change follows:
The City shall approve proposed annexations based on findings that the request can -lie
A. can be
accommodated by the City's public facilities and services; and
B.
Serv:ee a is consistent with applicable state statute.
He said staff recommends adopting the language included in the amendment because it
complies with the applicable state land use goals, the City's municipal code and
comprehensive plan policies, as well as federal, state, and regional plans and regulations.
Vermilyea asked if the Commissioners had any questions of staff. There were some
comments about the word "Citizen." Two of the commissioners asked staff to address the
definition of "Citizen" in the "Definitions" section.
PUBLIC HEARING OPENED
Vermilyea opened up the meeting to public testimony. According to the signup sheet, there
were no citizens present to testify either in favor or in opposition. He asked if there was
anyone in the audience who would like to speak. No one asked to speak.
PUBLIC HEARING CLOSED
Vermilyea closed the public hearing and moved on to discussion. There was no discussion
and Vermilyea said he would entertain a motion.
Commissioner Caffall made a motion "We accept the Comprehensive Plan Amendment
CPA2008-00006, including the recommendation by the City Attorney for a change in
verbiage." Commissioner Hasman seconded the motion. The motion carried as follows:
AYES: Anderson, Caffall, Doherty, Fishel, Hasman, Muldoon, and Vermilyea
NAYS: None
ABSTENTIONS: None
EXCUSED: Inman, Walsh
6. WORKSHOP - Introductions/Definitions
Vermilyea opened up the workshop portion of the meeting. He noted the introduction section
had not been revised - just the glossary section. He asked Wyss for an overview as follows:
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Wyss rioted the introduction (Attachment 1) would try to accomplish a number of things in
the language.
• A brief overview of the planning process and its importance to the community.
• Outlines the intended purpose of the Comprehensive Plan and how it gets
implemented. For example, it explicitly state the policies are not intended to be used as
decision making criteria in most land use cases, but must be translated into codes and
standards.
• Defines goals, policies, and recommended action measures.
• Purposely written to be straightforward, to the point, and not lengthy.
• Staff feels all important information is included within the introduction itself and is
looking for feedback from the perspective of the Planning Commission who will be
charged with using this updated Comprehensive Plan when any kind of Comp Plan or
Zoning Map Amendment comes before them.
Definitions -
• Definitions have been accumulating since the first amendment came before the
Commission back in August of 2007. It's been over a year ago since the PC heard their
first Comp Plan Amendment.
• As each chapter met with the Policy Interest Teams, key terms were identified to be
defined and then a definition was brought forward.
• The definitions are based on accepted, federal, state, or regional definitions when
available. Otherwise, staff or a PIT member presented a widely accepted definition and
a consensus would be reached as to which definition best fits Tigard.
• Planning Commission has reviewed these definitions throughout the process and at
some point has asked for more detail, more terms to be defined, and suggested some
changes.
• City Council has reviewed these definitions. They've asked for more definitions and
made some suggestions for improvement.
Vermilyea, at this point, took the commissioners through the Introduction, Plan Background,
Purpose of the Plan, and its Implementation, Format of the Plan, and Definitions of
Obligations of Goals, Policies, and Recommended Action Measures. One commissioner
wanted clarification as to whether this "Introduction" is for the entire Comprehensive Plan.
Wyss answered that, yes, it is for the entire Plan. There were no other significant questions or
comments other than it was well written. When Vermilyea asked if anyone had anything else to
add or comment on he said that by their silence we could assume the commissioners are all fine
with the way it is written - no changes necessary. Everyone agreed.
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GLOSSARY
Wyss informed the commissioners that a new glossary had been distributed (Attachment 2)
and he flagged the ones that had either been changed or were added.
At this point in the meeting Vem-dlyea suggested that if any of the definitions were taken from
a 31d party source (such as FEMA, Metro, etc) they would skip those and focus on those that
were staff produced - as well as the ones flagged for additional attention. There was no
objection to that approach.
Vermilyea went over the definitions (as described above) and the ones that were commented
on are listed below (Staff response is in italics):
Citizen: A commissioner wanted to know... What is the impact of changing the term Citizen -
to what extent would the document have to change if they were to change the term citizen.
I'll look thrnugh document and see how it impacts. Staff will do some homework on this.
Community Recreation Facilities: re: "owned and operated to promote the health etc." Does
that mean the City has ownership? No. Should we strike the words "owned and" - Staffwill do
homework on this as well.
Community Parks: Why does it state "greater than 15 acres"? It's a consistent standard and is in
our Parks Master Plan.
Downtown Tigard: What are the boundaries? Fanno Creek Up Main St includes some commercial
areas on the other side of 99V down Hall Blvd, includes S pmperties on the east side of Hall Blvd. City
Hall is included. SI-W1 of Fanno Creek as well.
Encourage: Where did we get the definition? Numemus sources - we settled on one that was common
to all of them. `Support" is not defined. Could we get a good definition of support? Yes, we can.
Environmental Performance Standards: This seems to be an explanation rather than a
definition. It was suggested that instead of defining this, simply cross reference it to "See
TCDC Chapter 18.725." Okay - that works.
Family Wage: I don't know what "average covered pay" means... could you check that out?
Yes, will do.
Full Service Recreation Facilities: I'm confused about the word "together." Should we change
it to "these facilities provide?" Staff will do some further checking on that with Duane Roberts (Associate
Planner).
Functions & Services: At this point, audience member, Sue Beilke, spoke (her remarks were
typed out and are Attachment 3). Vermilyea suggested the definition of parks be looked at
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more closely when the park plan is revised and Ms. Beilke's issues addressed in the context of
that update.
Green Concepts and Practices: It was suggested that in the second sentence... strike the word
"new" and change to "proven"... Commissioner Muldoon suggested adding "demand
response." It was decided Muldoon and Wyss would get together and wordsmith this and
come back to the next meeting with it.
Greenspace/Greenway (Size should be adequate to protect the resource): Vernzilyea
questioned a parenthetical being in there and suggested it be stricken and put into the definition
itself if necessary. Wyss agreed with Vermilyea.
Hazardous Tree: Will be ISA standard. "A tree or tree part that is likely to fail and cause
damage or injury and in all likelihood exceeds an acceptable level of risk." Beilke questioned
the broadness of the definition. It'sgeneral in order to get us to the Development Code (Tree Code) writing
stage - and that's the point when it will be fully defined.
Historic & Cultural Resources: Strike the word "the" and substitute "a" nation. Strike "and/"
to make it just "or Tigard." So the sentence would read Historic and prehistoric sites, structures, districts,
landscapes, objects, and other evidences of human activities that represent facets of the history, or ongoing cultural
identity, of a Nation, Oregon, or Tigard.
Invasive Species: Add the words "invasive species" after "many" in the last line so it would read
"Left unchecked, many invasive species have the potential, etc."
Landslides: Take out "recognized as" and simply state "that is a natural hazard"
Linear Parks (Of adequate size to protect natural resources and accommodate intended uses):
Where did this definition come from? Wlyss assumes it came from the Parks Master Plan but willget
back with the answer.
Open Space: Add to the end of the last sentence (after trail-oriented recreation), "and areas set
aside solely for protection and conservation of fish and wildlife habitat species."
Peak Oil: There is no policy language that refers to it... Strike definition.
Promote: Define support.
Proven Community Need: Doesn't seem clear. How is it "proven"? It was suggested to
change it to read "A need supported by evidence that is necessary to amend land use maps, and
ensures that the new land use being proposed is needed in the community in that particular
location, versus other appropriately designated and developable sites. After much discussion it
was suggested they flag this one for the City Attorney to look at.
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Rare: See Beilke's remarks (Attachment 3), she would like this definition added - Wyss will look
up the state of Oregon definition for "rare species" "threatened species" and "endangered
species." It should be included. Wyss will bring back the definitions.
Regionally Significant Habitat: Significant can mean "important" or in reference to "numbers."
lY>yss will define significant habitat and also regionally significant habitat.
Renewable Energy - Try to find a good external source for this definition. It was suggested
Public Utilities Commission would be a good source.
Rent: Delete "over time".
Special Use Area: A park? Wyss will find origin of definition.
Upland Habitat: Beilke suggested an example (Attachment 3) - Commissioners said to leave
out parenthetical (locations).
Urban Forest: Take out verbiage "collectively" and "broadly defined." Change to simply read
"All the trees within the City."
Urban Forest, Diverse: Combine Urban Forest into one definition. We will flag this one for cleanup.
Wildfire: Not just limited to "on forestland" - Staff take a look at how BLM or the State Dept of
Forestry defines wildfire.
Vermilyea closed the glossary portion of the meeting and went on to:
Comprehensive Plan Map Legend (Color coded designations)
There were no comments on this.
The next meeting is a Public Hearing - Darren will give definitions to Commissioners and
invited them to send comments.
Sept 15
7. OTHER BUSINESS - Vermilyea gave date of upcoming public hearing -
(September 15 - Planning Commission - "Introduction and Definitions"). Marissa
Daniels (Assistant Planner) reminded the Commissioners of the High Capacity Transit
Open House Metro would be holding, and the City of Tigard would be hosting, on
Wednesday, August 20th at the library in the Community Room.
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8. ADJOURNMENT
Acting President Vermilyea adjourned the meeting at 9:39 p.m.
Doreen Laughlin, Administrative Specialist II
ATTEST: Acting President Jeremy Vermilyea
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Policy Interest Team Meeting #3
Urbanization - Draft Goals, Policies, and Recommended Action
Measures
Goal:
14.1. Provide and/or coordinate the full range of urban level services to lands and the
reaidefoo citizens within the Tigard City limits.
Goal 14.2 Commentary:
The city has an obligation to its citizens to ensure the provision of the best facilities and
services the convnunity can fund. Providing services outside of the city limits hinders the
City's ability to meet its obligation to its citizens.
Policies:
1. The City shall net only approve the extension of City services emeept:
A. where applications for annexation for those properties have been approved;
or
B. in circumstances where applicable state and county health agencies have
declared a potential or imminent health hazard pursuant to ORS 431.705 to
431.760 (Health Hazard Annexation or Service District Formation).
Note: This policy was adopted by City Counczl in November 2007
Policy 1 Commentary:
The City of Tigard's position is to not supply urban services outside of its city limits. The
simple application for subdivision and/or annexation should not be enough to approve the
extension of services, but the approval of the applications must happen first. An exception
to the policy is that when it can be proven that a health hazard exists that will be eliminated
by the extension of the service. Criteria for identifying a health hazard are located in the
Oregon Revised Statutes. However, providing services in the case of a Health Hazard
annexation also means that the affected properties must annex to the jurisdiction/agency
providing such services.
2. The City shall maintain, and amend when necessary, agreements ftft T ibft Se- i----
Agreeffien with Washington County that recognize the City as the ultimate provider
of governance and identified services within the Tigard Urban Services Area.
Policy 2 Commentary:
The City has operated under an Urban Planning Area Agreement with Washington County
since 1983 that recognizes Tigard as the ultimate governance provider within the Urban
Planning Area (UPA). The current UPA contains the city limits as well as unincorporated
areas of Bull Mountain and Metzger. The City also has entered into the Tigard Urban Service
CIIA2008-00006 l Attachment 3
City of Tigard 8/25/2008
Agreement with Washington County. The agreement outlines the role, provision, area, and
planning/ coordination responsibilities for service providers operating with the Tigard Urban
Service Area (TUSA). The Agreement was last updated in July 2006 and again identifies
Tigard as the ultimate governance provider to the TUSA, which coincides with the UPA.
These agreements have been put into place because of the recognition that cities are better
suited to provide urban level services than county government (Oregon Administrative
Rules). Maintaining the City's agreements provides the possibility that Tigard may eventually
govern new UGB expansions.
3. The City shall, as needed, coordinate and/or participate in planning activities or
development decisions within the Tigard Urban Services Area.
Policy 3 Commentary:
The City needs to be involved in decisions related to growth planning or development
applications within the TUSA. This will help to ensure that if the unincorporated lands
within the TUSA are annexed, the public facilities and services will be available to serve the
planned growth or existing development. Conformance with adopted plans and agreements
will also be checked during this process.
4. The City shall oppose formation of any new service district, or expansion of existing
districts, within the Tigard Urban Services Area that could conflict with the existing
and future delivery of City services.
Potential Alternatives
The City shall protect the existing and future delivery of City services and
oppose the formation of any new service district, or expansion of existing
districts, that could create a conflict within the Tigard Urban Services Area.
Policy 4 Commentary:
The City has a need to protect its rights as an identified urban services provider within the
TUSA. The City commits significant staff resources to plan for capital improvement needs
and then finances these improvements to better serve its residents. If the plans and facilities
are weakened by new or expanded districts, the City and its residents bear any associated
financial burdens. Cities already bear inequitable/non-assignable costs imposed by
underserved unincorporated urban areas when their residents use city services such as parks,
libraries, transportation facilities, public safety, etc. Expanding/ creating districts to promote
additional unincorporated urban development damages the integrity of intergovernmental
service provision and planning agreements and interferes with the City's ability to be
efficient and effective in its own services.
5. The City shall enter into and maintain intergovernmental agreements with service
districts operating within the Tigard Urban Service Area to:
A. Define short and long term service provision roles;
CPA2008-00006 2 Attachment 3
City of Tigard 8/25/2008
B. Specify the terms and conditions of withdrawal of territory from service
districts and the transition of capital facility ownership and administration to
the City;
C. Provide for coordination of plans and programs; and
D. Require services are provided consistent with the City's adopted Public
Facility Plan.
Policy 5 Commentary:
It is in the interest of the City to enter into agreements with any service provider operating
within the TUSA to ensure everyone is receiving adequate, efficient, and effective services.
This includes the planning of services, the need to eliminate duplicity of services thru
coordination, and defining the role of the providers. As importantly, the long term service
role must also be well defined. This includes the transition of facility ownership and
management, when these transfers should take place, and coordination to require service
provision is consistent with adopted plans.
Recommended Action Measures:
i. Regularly review the Tigard Urban Services Agreement with Washington County
and amend it as necessary.
ii. Coordinate the review of land use proposals in the Tigard Urban Services Area
with Washington County and require annexation of development that requires
City services.
iii. Ensure the City is represented in planning efforts for unincorporated urban lands
within the Urban Growth Boundary and in Metro decisions to expand the urban
growth boundary.
iv. Regularly review existing intergovernmental agreements with service providers
operating within the Tigard Urban Services Area and propose amendments as
needed.
V. Encourage the City, County and service districts to adopt compatible facility
design standards.
Vi. Coordinate the development and implementation of the City's Public Facilities
and Capital Improvement Plans with Washington County, service districts and
other service providers within the Tigard Urban Services Area.
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City of Tigard 8/25/2008
Goal:
14.2. Annex unincorporated properties as opportunities arise in order to implement the
Tigard Urban Services Agreement.
Potential Alternatives
Implement the Tigard Urban Services Agreement through all reasonable and
necessary steps, including the appropriate annexation of unincorporated properties.
Take all reasonable and necessary steps to implement the Tigard Urban Services
Agreement, including annexation of unincorporated properties as opportunities
arise.
Goal 14.2 Commentarv:
Tigard has been identified as the ultimate provider of certain urban services with the TUSA.
Tigard's position is that cities are better suited to provide urban level services and will
welcome voluntary annexations as property owners inquire about the process and services
that will. be received.
Policies:
1. The City shall assign a Tigard zoning district designation to annexed property that
most closely conforms to the existing Washington County zoning designation on
that property.
Policy 1 Commentarv:
Metro and its regional partners have invested greatly in the planning of the region. This
ranges from solid waste removal to transportation planning. In order for these planning
efforts to realize their intended outcomes, jurisdictions must cooperate in implementing the
assumptions of the efforts. Washington County has adopted a comprehensive plan for its
unincorporated areas that assumes a certain level of development in the future. This
includes housing and employment allocations that they are obligated to fulfill. When a
property annexes to a city, it is important for the planning assumptions to remain intact for
the region to function as intended. This is especially true to reduce negative impacts upon
the transportation system from higher than planned densities/uses.
2. The City shall ensure the capacity exists, or can be developed, to provide needed
urban level services to the area when approving an annexation.
Policy 2 CommentarT.
The City is responsible for the provision of urban services to its residents. An important
part of this responsibility is adopting plans and programs to act as a guide. When a property
is proposed to be annexed, the City is obligated to analyze current conditions and future
plans for services to ensure the capacity exists, or will in the future, to effectively serve the
CPA2008-00006 4 Attachment 3
City of Tigard 8/25/2008
annexed property without diminishing service provision to current residents and their
properties.
3. The City shall approve proposed annexations based on findings that the request:
A. Eliminates an island of unincorporated territory within the City; or
B. Is contiguous to current City limits and is located within the Tigard Urban
Services Area; and
C. Can be accommodated by City's public facilities and services.
Policy 3 Commentary:
State law governs the annexation of property in Oregon. Municipalities are allowed to annex
islands, based on a number of requirements, without consent of the property owners. This
eliminates inefficient provision of services based on fragmented patches of governance. If
outside of an island, state law mandates a property be contiguous to the city limits to be
eligible for annexation. This again helps to eliminate fragmented governance. In both cases,
the annexed properties will now be paying taxes for facilities and services they either already
access or would in the future. In addition to following state law, the City must still ensure
the capacity exists to accommodate the services and facilities needed for the property.
4. The City shall evaluate and require, when appropriate, parcels adjacent to proposed
annexations be included to:
A. Avoid creating unincorporated islands within the City;
B. Enable public services to be efficiently and effectively extended to the entire
area; or
C. Implement a concept plan or sub-area master plan that has been approved by
the Planning Commission or City Council.
Policy 4 Commentary:
It is in the City's interest to avoid creating unincorporated islands within the City because of
the consequences of fragmented governance and inefficient delivery of services that is
associated with islands. When application for annexation is made with the City, requiring
properties to join the annexation to eliminate the creation of an island is preferable.
Additionally, ensuring public services are being extended efficiently is in the best interest of
the City and its residents. Requiring a property to join an annexation to ensure efficient
extension of service, or to implement an adopted land use plan for the area is also preferable.
5. The City shall periodically update
and/or amend its Public Facility Plan to ensure the predictable and logical
provision of urban services for areas anticipated to be within the City Limits.
Policy 5 Commentary
State law requires the adoption of a Public Facility Plan for the City of Tigard. Included in
the plan are an inventory and assessment of existing systems and an identification of projects
needed to support land uses designated in the Comprehensive Plan. The purpose is to
ensure a timely, efficient, and orderly arrangement of facilities and services.
CPA2008-00006 5 Attachment 3
City of Tigard 8/25/2008
Recommended Action Measures:
i. Periodically review and update the City's annexation methods and encourage
property owners within the unincorporated Tigard Urban Services Area to annex
based upon the benefits associated of being within the City limits.
ii. Clearly communicate and maintain a positive dialog with unincorporated
residents within the Tigard Urban Services Area regarding the benefits
associated with being a City resident.
iii. Utilize and promote incentives, as appropriate, to encourage owners of
unincorporated properties to annex to the City.
iv. Develop criteria and procedures to encourage, and when possible, require
owners of adjacent parcels to also annex to the City when neighboring parcel(s)
annex.
Goal:
14.3. Promote ; e I"igard residents' interests in urban
growth boundary expansion and other regional and state growth management
decisions.
Goal 14.3 Commentary-:
The City wants access and representation in decisions regarding expansion and growth in the
region; essentially our. due process rights as a member community must be preserved and
used. In addition, Washington County and the state are involved as it pertains to the Urban
Reserve and Rural Reserve issues. They must work in tandem yy7ith the City to make
decisions that affect Tigard residents. The City must have a seat at the table during the
decision-making process.
For example, urbatvzation decisions on new UGB lands can have profound impacts on
Tigard's Transportation System; negatively affect the City's ability to redevelop its
Downtown and Highway 99W Corridor; and further burden City services through
unincorporated urban development.
Policies:
1. The City shall support Metro regional and state growth management decisions,
while promoting policy that to the extent diey supports cities as the best building
blocks of an efficient, stable, and compact urban region.
Policy 1 Commentary:
Over the years, in addition to the management of the Urban Growth Boundary (UGB),
Metro has become much more involved in other growth management decisions. These are
related to the development of a compact urban form, efficient/ effective use of
CPA2008-00006 6 Attachment 3
City of Tigard 8/25/2008
infrastructure, natural resource protections, transportation planning, focusing development
in centers, corridors, employment lands, etc. The City has agreed with and been involved in
the implementation of these principles and needs to continue to be engaged in the regional
and state political/growth management discussions. One issue the City has a pressing
interest in is the urban level unincorporated development that has taken place in the region,
some of which abuts the City's boundaries. The City's position is that cities are better suited
to provide urban services. The taxing structures of counties and cities are set up to make
cities better suited to provide urban services and implement regional growth management
principles. However, this has not stemmed continued unincorporated urban growth.
Addressing this issue is important to not only the City of Tigard, but to the region as a
whole.
2. The City's support of regional Urban Growth Boundary management decisions shall
consider if these actions prevent future unincorporated urban development, prevents
urban sprawl, and promotes the development of an efficient and compact urban
form.
Policy 2 Commentary:
One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands,
and promote the coordinated and logical provision of public facilities and services is the
urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth
Boundary (UGB), where Metro has the responsibility for establishing and managing the
UGB in order to accommodate urban growth in the region for the next 20 years. Existing
unincorporated urban development presents a problem when UGB, expansion is proposed
as it may block a city's ability to expand and provide services to new UGB areas. This
undermines the position of the region's cities as the best building blocks of an efficient,
stable, and compact urban region.
3. The City shall maintain the low-density residential character of its existing single
family residential neighborhoods and accommodate more intense urban land uses in
its regional and town centers and within major transportation corridors to be
consistent with Statewide Planning Goals and the Metro Framework Plan.
Policy 3 Commentary:
The City and its residents would like to protect existing single-family neighborhoods to
retain the low density residential character of much of the community. Seventy percent of
Tigard is zoned residential, with low density zoning (7500 square foot minimum lot size or
greater) occupying 41.5% of City land. In order for the community to retain this character, a
need exists to accommodate more intense urban land uses within its town and regional
centers and major transportation corridors.
Metro has designated Washington Square as one of nine Regional Centers; all having
connections via high-capacity transit and highways. Town Centers (Tigard Downtown) are
intended to be a principal center of urban life, while corridors (99W and Hall Blvd) are
CPA2008-00006 7 Attachment 3
City of Tigard 8/25/2008
intended to feature a high-quality pedestrian environment, convenient access to transit, and
somewhat higher than current densities.
4. The City shall not provide municipal services outside its city limits.
Policy 4 Commentary:
City residents pay City taxes, while residents living in unincorporated urban development do
not pay City taxes. Based on the principle of equity, Tigard residents should not subsidize
services provided outside of the municipal boundary. This includes the maintenance of
infrastructure, the provision of staff services, and infrastructure capital improvements.
5. The City shall not support the formation or expansion of service districts or special
county funding levies if these actions result in the expansion/or intensification of
unincorporated urban areas.
Policy 5 Commentary:
Expansion and formation of service districts and special levies support unincorporated
urbanization, adding to the problems associated with this type of development. The
uncontrolled expansion of service districts exacerbates some negative growth management
consequences.
A significant part of the City's currently identified Urban Planning Area (this includes
Metzger and Bull Mt.) has been urbanized in unincorporated Washington County. Key
services, mainly sewer services, have been provided by County Service Districts. Public
safety has been accommodated to a degree by enhanced Washington County Sheriffs
services. The consequence is that residents of these areas use services provided Tigard and
other cities that are not provided by the County (parks for example). This situation negates
incentives for property owners to annex to the City.
The provision urban services by service districts to unincorporated urban lands have
negative growth management consequences as stated above. In Tigard's situation,
unincorporated development in the Bull Mountain area now separates urban growth areas 63
and 64 from Tigard. Because these areas are not contiguous, they cannot be annexed to the
city. Therefore, absent a change in Washington County's policy and state annexation law, the
City should not continue to plan to provide services for these areas.
Recommended Action Measures:
i. Encourage Metro to adopt requirements that new lands added to the Urban
Growth Boundary be planned for urbanization by existing cities and annexed
prior to development.
ii. Work with the state, Metro and other jurisdictions to resolve legislative and
jurisdictional policy barriers to city annexation of lands that are within the urban
growth boundary.
CPA2008-00006 8 Attachment 3
City of Tigard 8/25/2008
iii. If there are to be new cities in the Portland Metropolitan region, encourage the
state and Metro to establish criteria for the formation of new municipal
governments to ensure they be fiscally sustainable and consistent with state and
regional growth management objectives.
iv. Work with Washington County, its cities, Metro and others to address:
a. public service equity issues associated with unincorporated urban
development;
b. quality of life needs and desires of both incorporated and unincorporated
residents; and
c. preventing blight conditions associated with underserved urban
development.
V. Participate in state and regional efforts to develop equitable ways to fund public
infrastructure needed to provide for existing service needs and support projected
employment and population growth.
CPA2008-00006 9 Attachment 3
City of Tigard 8/25/2008
AGENDA ITEM No. 5 Date: September 9, 2008
TESTIMONY
SIGN- UP SHEETS
Please sign on the following page(s) if you wish to testify before the Tigard
City Council on:
Agenda Item No. S
Workshop for
Comprehensim Plan'
Amendment CPA 200800006 -
URBANIZATION
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All w *ten and oral testimony become part of the public record and is openly
awilable to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I:\ADM\Cathy\CAUNQL\OCSignup\Comp Plan at Workshop Testimon3060308 Item 3.doc
AGENDA ITEM No. 5 September 9, 2008
PLEASE PRINT
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
awilable to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes,
which is a public record.
Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
l ~'~o Ord i~~ 4
q7-224
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Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.