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City Council Packet - 11/23/2010 TIGARD City of Tigard TIGARD CT L Y COUNCIL BUSIN F ISS MI F,1 G November 23, 2010 COUNCIL - IVI 1 N'.TI\ G WILL BF, T h'.L F,VI S 1 I: \Ofs \Donna \Ccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard or.gov II City of Tigard f .. , ., Tigard Business Meeting - Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: November 23, 2010 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. Receive Briefing on Proposed Citizen Involvement Committee Structure for High- Capacity Transit Land Use Plan B. Briefing on the Requirements to Obtain Outside Funding for the Acquisition of the Summer Creek Property - Phase 1 C. Administrative Items • Council Calendar - • November 25 and 26 - Thanksgiving Holiday, City Hall Offices Closed • December 7, Noon - Team Building - Walnut Street Fire Station • December 14, 6:30 p.m. - Business Meeting - RRCCR and Town Hall • December 21, 6:30 p.m. - Workshop Meeting - Town Hall • December 24, Christmas Holiday Observed, City Hall Closed • December 28, 6:30 p.m. - Business Meeting - RRCCR and Town Hall • December 30, Noon - Goal Setting Meeting, Walnut Street Fire Station • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations and consultation with legal counsel concerning current and pending litigation under ORS 192.660(2) (e) and (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING November 23, 2010 A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. (Time is estimated) A. Follow -up to Previous Citizen Communication B. Tigard High School Student Envoy C. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. CONSIDER RESOLUTION AMENDING CITIZEN INVOLVEMENT STRUCTURE AND APPOINTING PLANNING COMMISSION TO SERVE AS THE STATE - REQUIRED COMMITTEE FOR CITIZEN INVOLVEMENT ON LAND USE MATTERS RESOLUTION NO: 10 -62 - A RESOLUTION AMENDING THE CITY'S CITIZEN INVOLVEMENT STRUCTURE AND APPOINTING THE PLANNING COMMISSION TO SERVE AS THE STATE REQUIRED COMMITTEE FOR CITIZEN INVOLVEMENT • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 4. PRESENTATION OF LIFESAVING AWARDS 7:50 p.m. (Time is estimated) • Staff Report - Police Department 5. INFORMATIONAL PUBLIC HEARING - CONSIDER A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 - LOWER SW CHERRY DRIVE 8:00 p.m. (Time is estimated) • Open Public Hearing • Public Hearing Procedures • Staff Report: Public Works Department • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • City Council Consideration: Resolution No. 10- 63 RESOLUTION NO. 10 -63 - A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 (LOWER SW CHERRY DRIVE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 10 -37 6. REOPEN LEGISLATIVE PUBLIC HEARING FROM OCTOBER 12, 2010 (CPA2010- 00001) TO ADOPT TIGARD 2035 TRANSPORTATION SYSTEM PLAN UPDATE 8 :20 p.m. (Time is estimated) • Reopen Legislative Public Hearing from October 12, 2010 • Hearing Procedure: Public testimony was closed on October 12, 2010. The hearing will be reopened for consideration of the staff report (Attachment 5 - Exhibit C in the Agenda Item packet material) and recommendation (Attachment 1 in the Agenda Item packet material). • Council Questions /Discussion • Close Public Hearing • Council Consideration: Ordinance No. 10 -18 ORDINANCE NO. 10 -18 - AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2010 -00001 TO AMEND THE CURRENT TIGARD COMPREHENSIVE PLAN GOAL 12: TRANSPORTATION AND THE TIGARD PUBLIC FACILITIES PLAN TO INCORPORATE THE TIGARD 2035 TRANSPORTATION SYSTEM PLAN 7. RECEIVE UPDATE REGARDING THE TREE GROVE PRESERVATION ELEMENT OF THE TIGARD URBAN FORESTRY CODE REVISION PROJECT 9 :05 p.m. (Time is estimated) • Staff Report - Community Development Department 8. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE FUNDING DOCUMENTS RELATED TO THE ACQUISITION OF THE SUMMER CREEK PROPERTY - PHASE 1 9 :25 p.m. (Time is estimated) • Staff Report - Public Works Department • Council Discussion /Consideration • Consideration of Resolution No. 10 -64 RESOLUTION NO. 10 -64 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SECURING DONATIONS AND GRANT FUNDING ASSOCIATED WITH ACQUISITION OF THE SUMMER CREEK PROPERTY - PHASE 1 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. ADJOURNMENT 9 :45 p.m. (Time is estimated) AIS -266 Item #: A. Business Meeting Date: 11/23/2010 Length (in minutes): 10 Minutes Agenda Title: Briefing on Proposed Citizen Involvement Committee Structure for the Tigard High Capacity Transit Land Use Plan Submitted By: Marissa Daniels Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE Community Development will brief Council on the proposed citizen involvement committee structure for the Tigard High Capacity Transit Land Use Plan. STAFF RECOMMENDATION / ACTION REQUEST Direct staff to prepare a resolution authorizing the establishment of the project citizen advisory committee (CAC), approving the associated purpose and charge statement, establishing meeting protocol, and designating the Tigard Transportation Advisory Committee (TTAC) as the CAC. KEY FACTS AND INFORMATION SUMMARY Tigard has been awarded a Transportation Growth Management (TGM) grant to pay for the development of the Tigard High Capacity Transit (HCT) Land Use Plan. The conditions of the grant require the establishment of an ad hoc Citizen Advisory Committee (CAC) to participate in the development of the land use plan. In order to ensure continuity in citizen involvement throughout the entire Southwest Corridor Planning effort, the Community Development Department is proposing to use Tigard's existing Transportation Advisory Committee (TTAC) as the CAC for the HCT Land Use Plan. The advantages of using TTAC are explained in a memorandum dated November 5, 2010 (Attachment 1). Using the TTAC as the HCT Land Use Plan CAC has the added benefit of shortening the time required to create an ad hoc committee as the appropriate stakeholder group representation and specific members have already been appointed. To meet Federal Title VI requirements, Staff recommends adding two additional members to the TTAC only for the purpose of the HCT Land Use CAC. Patti Anda from the Committee for Citizen Involvement, and Sheila Greenlaw -Fink from the Community Partners for Affordable Housing are available to serve on the TTAC and fulfill the Title VI requirements. OTHER ALTERNATIVES Appoint an ad hoc Citizen Advisory Committee seperate from TTAC. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2010 Tigard City Council Goals: 1. Implement Comprehensive Plan a. Complete the Transportation System Plan (TSP) and begin area plans (Tigard Triangle, 99W Corridor, etc.) c. Continue to promote and plan for 99W Light Rail 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of City goals. DATES OF PREVIOUS COUNCIL CONSIDERATION None. Fiscal Impact Fiscal Information: Cost: $61,362 Budgeted (yes or no): Yes Where Budgeted (department /program): Long Range Planning Additional Fiscal Notes: The TGM grant amount is $223,947. The work will be performed over FY 2010 -11 and FY 2011 -12. $169,000 has been allocated for a consultant team (led by Parametrix), $32,500 to Metro, and $32,447 to the City. The City's portion of the project costs is $61,362 over the current and next fiscal years. The costs are currently budgeted payroll and supplies. Tigard will be reimbursed up to $32,447. The remaining $28,915 of Tigard expenses represents the grant match for the project. Attachments Attachement 1 - memo • City of Tigard 1. TIGARD Memorandum To: Honorable Mayor Dirksen and Tigard City Council From: Marissa Daniels, Associate Planner Re: Tigard High Capacity Transit Land Use Study Date: November 5, 2010 Project Background The City of Tigard is currently engaged in a regional coordinated planning effort being referred to as the "Southwest Corridor Plan." The SW Corridor Plan is comprised of five separate plans. These include land use plans for the cities of Tigard, Tualatin, and Portland that are focused on identifying land uses to support future transit investments. In conjunction with these land use plans, Metro, ODOT, and TriMet are leading efforts specifically addressing transportation analyses, including analysis related to future high capacity transit serving the SW Corridor. Subsequent efforts will take more than ten years and will include preliminary engineering and environmental impact analyses for future transit system development. , Tigard has been awarded a Transportation Growth Management CrGM) grant to pay for the development of a Tigard High Capacity Transit Land Use Plan (HCT Land Use Plan). This project will identify locations and land use characteristics for potential future high capacity transit (HCI) stations. HCT can take many forms; the most common are Bus Rapid Transit (BRT) and Light Rail Transit (LRT). The purpose of the HCT Corridor Land Use Plan is to help the Tigard community identify the best land use and development alternatives in a way that integrates transportation with land use planning, and supports Tigard's vision for the future. The HCT Corridor Land Use Plan is expected to begin in late 2010 and will be completed in approximately 16 months. It will be coordinated with the larger SW Corridor Plan effort described above. Proposed Committee Structure A significant component of the HCT Land Use Plan is the public outreach and citizen involvement. The conditions of the grant require the establishment of an ad hoc Citizen's Advisory Committee (CAC) to oversee the development of the land use plan. http: //192.168.109 28 /docs /2010 /ACCSTUDY /20 101123_ 137 /266_Council_Mcmo_11- 23- 10.docx In order to ensure continuity in citizen involvement throughout the entire SW Corridor Planning effort, the Community Development Department is proposing to use Tigard's existing Transportation Advisory Committee (TTAC) as the Tigard HCT Land Use Plan CAC. In addition to continuity in citizen involvement, there are numerous other benefits expected from engaging the TTAC as the Tigard HCT Land Use CAC. The current TTAC membership was appointed to reflect a broad spectrum of perspectives. Among the cross section of citizens, TTAC includes representatives from the Planning Commission, Tigard - Tualatin School District, and local businesses. Further, having the TTAC serve as the CAC for this project will facilitate engagement of the City's transportation engineer and transportation planner, who both provide staff support to the TTAC. Title 6 Requirements The City of Tigard must include specific steps to provide opportunities for participation by federal Title VI communities in the HCT Land Use Plan process. Federal Title VI communities include minority and low income populations. To help meet these requirements, Staff recommends expanding the membership of the CAC to include representation from Tigard's Title VI communities (2 positions). Sheila Greenlaw -Fink (Community Partners for Affordable Housing) and Patricia Anda (Tigard CCI) are available to serve in this capacity. Proposed Appointment Process The procedures governing the formation and appointment of a limited duration citizen advisory committee are delineated in Res. No. 08 -47. Step one of the two -step Council process includes approval of a purpose and charge statement, a list of stakeholder groups to be represented, and a meeting protocol. Step two is the approval of specific individuals to fill the slots defined in the stakeholder groups list. If using the TTAC as the CAC for this project is agreeable to City Council, then City staff will bring forward a single resolution stating the CAC's purpose and change statement, meeting protocol, and appointing the TTAC to act as the HCT Land Use CAC. This resolution will also appoint three Title VI representatives. This process has the added benefit of saving time, as this project has been delayed by several months. http. // 192. 168.109.28 /dots /2010 /ACCSI'UDY/ 20101123_] 37/ 266_Council_Memo_11- 23- 10.docx AIS -276 Item #: B. Business Meeting Date: 11/23/2010 Length (in minutes): 15 Minutes Agenda Title: Briefing on the Requirements to Obtain Outside Funding for the Acquisition of the Summer Creek Property - Phase 1 Prepared For: Steve Martin Submitted By: Greer Gaston Public Works Item Type: Meeting Type: Council Business Mtg - Study Sess. ISSUE Staff will brief the Council on the requirements to obtain outside funding for the acquisition of the Summer Creek Property - Phase 1. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council listen to the briefing and discuss any concerns regarding the requirements to obtain outside funding. KEY FACTS AND INFORMATION SUMMARY • The City actively sought and secured donations and grants to fund the $5.33 million Summer Creek Phase 1 property purchase. The City has nearly $3.4 million in funding commitments which include: - Clean Water Services donation - $100,000 - Washington County local share funds donation - $400,000 - A Metro Nature in Neighborhoods grant - $1 million - An Oregon Watershed Enhancement Board (OWEB) grant - $1 million - City of Tigard local share funds from the Metro Bond Measure - $873,317 • The remaining balance of just under $2 million can be funded through Parks SDCs as budgeted, proceeds from the Tigard parks bond measure, or a combination of the two. • Funding from the county, Metro, and OWEB is contingent upon the City's successful execution of various documents including intergovernmental agreements, a grant agreement, an easement and a declaration. Metro and OWEB also require the City to develop and implement an environmental education program and a management plan. • A resolution will come before the Council in the business meeting. The resolution authorizes the City Manager to execute all documents related to securing donations and grant funding for the acquisition of the Summer Creek Property - Phase 1. Drafts of the various documents, excluding an environmental education plan and management plan, are included with the business meeting agenda item. • A verbal summary of the education and management plans will be provided in this study session. OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2010 Tigard City Council Goal No. 3.b.: "Develop land acquisition strategies (potential options to purchase, etc.)" The Summer Creek property is identified as a park possibility in the Tigard Park System Master Plan and was the top land acquisition property identified by the Park and Recreation Advisory Board in 2006. The Council Goal to submit a 2010 parks bond measure to the voters was to secure funding for land acquisition identified in the Park System Master Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION The Council has had many discussions regarding the acquisition of park land and of the Summer Creek Property in particular. On March 23, 2010, the Council adopted Resolution No. 10 -15, approving the purchase of the Summer Creek Property. Fiscal Impact Cost: $5,333,000 Budgeted (yes or no): Yes Where Budgeted (department /program): Parks Capital Fund Additional Fiscal Notes: Assuming the Council is amenable to the various agreements, contingencies and conditions from outside funding agencies and the resolution is adopted, the City Manager will execute various documents resulting in $2.5 million in donations and grants to acquire the Summer Creek Property - Phase 1. The City of Tigard has committed local share funds from the Metro Bond Measure in the amount of $873,317. The remaining balance, approximately $2 million, can be funded through Parks SDCs as budgeted, proceeds from the Tigard parks bond measure, or a combination of the two. Attachments No file(s) attached. 4. p t S ite Ma AU • F p us �• r � t � 0 f .` ° ' L 1 '" _ f � „ , . A '� , � � , f K Oregon . ,1 ....„ ` ,,, ,„ ,,..,, ,., ...... , . ,, . 1 ,mot_ . _�. - .+.r�) ' .� • . � L L 1 ! .:',� simmer Creek r "� y� 111. ' - . _ I •y .. / n. � � * , '�t i ! �. �. y� 4 R � �`• 91FP L__ I- 1 Y - ' • . ' t . {. - Project Sponsor: •� U A - �► . �► � City of Tigard ♦ - w F � T� � i s r r M 1 4i ,. • f --_ .,,y�� 12,L. s. nom, 41 J ? • :h 1— - , , � "� " r • 6 . , , is • l` ` ' j l 1 � c 3 )a.O l b im ._ _ .� , li A. 4 r J ",_ 1 Acquis Area • t ±� 1 _ : , ' ^ 1 100-yr Floodplain !^ sue 3 �, T � _ , Existing rail ,, * ... , : Ex ng T . ,. 4 P � 3 R 4 _ Stream ......, t ti ,i ' , . }• - ti ,, q ! Exisitng Park - Ifli-- l ira . , ,_. _ Taxlot Boundary • - fir. r'l i t . -.: + ./O - ..,-. O i 4 ,'F ' .1: � ot ` -t, •k 1 :I � y '6" , - 4 , = gi p ►t • I N 4 x _ - N .41 it 4 _7, ti u ••'6e ®aim rcaer.amev.wu.mm... a' or adesendrneets °sir to shaft mt. of the mg o f - - - 4.1 ii...-- ,- '" .".==, lit 1 1 0r _i_..t..1.: 1 ,'`.. ..,.' - ' - ' ' ' ' -." El ,- s r 1 jisi +. c • _ =_ ° _ • e. 0 50 100 200 3 r t ' - x r - �V ` J _ Feet L . _ . 400 y � I' r 0 '" .. .r - � ��}+++*** ., - i nii r AGENDA ITEM NO. 2 -C - CITIZEN COMMUNICATION DATE: Nov. 23, 2010 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Ai() 0 rls.e_ Also please spell your name as it sounds, if it will help the presiding officer pronounce: wYA — Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. 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 II la° Summer Creek Phase I Grant Expectations p� S� d Agency: Clean Water Services CWS is ready to support the purchase of the property with $100,000 and no special requirements Agency: Washington County Washington County is prepared to give $400,000 in Metro Local Share funds toward the purchase of the property. An Intergovernmental Agreement is required and states that the City of Tigard will be responsible to maintain the property. Agency: Metro A Metro Nature in Neighborhoods Capital Grant will provide $1,000,000 towards the purchase of the Summer Creek property. The grant requires two documents: an Intergovernmental Agreement (IGA) and a Conservation Easement. The Intergovernmental Agreement is a general document that lays out the official agreement between the City and Metro that the property will be used for one or more of the intended purposes of the Metro Natural Areas Bond Measure. Those purposes include safeguarding water quality and habitats, and promoting partnerships to protect nature and ecological systems in nature deficit areas. A baseline report on the existing conditions at the property is attached to the IGA. The Conservation Easement is more specific in the requirements. The overall purpose of the conservation easement is ensure that the majority of the property is in a natural condition and is not developed. Habitat areas and stream riparian areas are protected and enhanced in this area. The 6.8 acre field area is described as a recreation area with more allowed uses, including the construction, maintenance, and operation of : an irrigated turf field and educational support facilities such as interpretive signage, restrooms, open shelter, and a nature -based play area. The proposed education plan that includes activities run the Tigard - Tualatin School District at Fowler School and Tualatin Riverkeepers is included in the conservation easement. Agency: Oregon Watershed Enhancement Board (OWEB) A grant providing $1,000,000 through OWEB requires two documents to receive the grant funds: A Grant Agreement, and A Declaration of Restrictive Covenants and Equitable Servitudes. The Grant Agreement is the overriding paperwork that outlines all the requirements that must be met to receive the grant money. The Restrictive covenants, the grant application, the federal grant requirements, and the education plan (also referred to in the Metro Grant) are all listed as attachments to the Grant Agreement. OWEB requires a regional education plan and is very interested in the implementation of the plan, requiring annual reports on the education plan progress for 5 years. The Restrictive Covenants and Equitable Servitudes is a short agreement that restricts the use of the property to environmental education and public recreation. In stating that the owner shall promote and enhance the properties fish and wildlife resources, the grant application purpose is referenced. The property cannot be developed for residential, commercial, or industrial purposes. Agency: Tigard The City of Tigard plans to use $873,317 in Metro Local Share funds from the 2006 Metro Bond Measure. The City of Tigard will also use approximately $1, 959,683 from other funds (bonds, SDC) to complete the purchase. \(X CJ\ 4i Grants and Assignments 1 i / j a � 1 0 Summer Creek Phase 1 �j '-- Amount of Name of Grant or funding Q' Agency Name Grant Source Agreement required by Grantor Specifics to Note Clean Water Services (CWS) $100,000 CWS None required Thank you CWS! Metro Local Share Dollars Washington County $400,000 (from 2006 Metro Bond) IGA with Washington County Tigard will maintain property. Education Plan required. Currently provided by Tigard - Tualatin School District and Tualatin Riverkeepers, the size and scope are not specifically Natural Areas Capital 1. IGA with Metro defined. Major portion of property Metro $1,000,000 Grants Program 2. Conservation Easement has a conservation easement. Property used for environmental 1. Declaration of Restrictive Covenants education, public recreation, and fish Oregon Watershed Pacific Coastal Salmon and Equitable Servitudes and wildlife protection. Enhancement Board $1,000,000 Recovery Fund 2. Grant Agreement Conservation Easement. Will leave $127,999 in Local Share Metro Local Share Dollars Requisition Certificate for Release of dollars targeted towards Fanno Tigard Local Share $873,317 (from 2006 Metro Bond) Funds - Local Share Creek Trail Construction /fa f 3-e-e) Cc�n TIGARD HIGH SCHOOL 9000 SW Durham Rd. • Tigard • Oregon • 97224 (503) 431 -5518 November 15, 2010 Student Envoy: Tracie Tran I. ACTIVITIES a. We started our community canned food drive, hoping to collect 20,000 pounds of canned food. — Let's ZAP Hunger! b. We had a good turnout for our Veterans' Breakfast and Assembly last week. c. Leadership took 26 students to Seaside for the Oregon Association of Student Council's Conference II. ATHLETICS a. Fall sports have ended with Football ending its season against Lake Oswego last Friday b. Nick Roche and Kelsi Schaer both participated in Border Clash, representing Oregon at the Nike Headquarters last Sunday i I I. ARTS a. Our theater department opened INK 2 last Thursday and it was a great production. b. The marching ensemble put on a show at U of 0 and walked away as the 2010 Class "A" Champion. They came in 14 out of 31 bands, beating out a number of large bands. c. December 4 is the annual Band Craft Fair from 9AM -4PM in the THS Cafeteria! IV. ACADEMICS a. Our first quarter ended two weeks ago and all report cards were mailed home! What a fast quarter. AIS -275 Item #: 3. A. Business Meeting Date: 11/23/2010 Length (in minutes): Consent Item Agenda Title: Amend the City's Citizen Involvement Structure and Appoint the Planning Commission to Serve as Committee for Citizen Involvement Submitted By: Marissa Daniels Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Shall City Council approve a resolution amending the City's citizen involvement structure and appointing the Planning Commission to serve as the state required Committee for Citizen Involvement on land use related matters? STAFF RECOMMENDATION / ACTION REQUEST Adopt the attached resolution. KEY FACTS AND INFORMATION SUMMARY Tigard's Comprehensive Plan goes beyond the state Goal 1 requirements for citizen involvement in land use planning and contains the following policy specific to a "Committee for Citizen Involvement ": 1. The City shall maintain a Committee for Citizen Involvement representative of a broad cross - section of the community to: a. Make recommendations to the City regarding ways to engage the public in City issues, projects, and the land use process; b. Help implement and develop a public information and citizen involvement program applicable to a wide range of issues; and c. Support the enhancement of Tigard's overall level and quality of civic engagement by promoting meaningful citizen involvement in City government. For many years the City has delegated all of these responsibilities to the Tigard Committee for Citizen Involvement. Early this year however, following budget cuts, the City Administration and Community Development departments proposed to City Council that the charge of the Tigard Committee for Citizen Involvement be revised (Attachment 1). Specifically the proposal included transferring the state required citizen involvement responsibilities for land use related decisions to the Planning Commission and shifting the citizen involvement responsibilities for other issues and project areas to the appropriate boards, commissions, and committees. This proposal stated three primary goals: 1. Meet state requirements for citizen involvement in land use planning and also those of Tigard's Comprehensive Plan; 2. Ensure the CC1 has a meaningful role that can be supported by current staff and other resources; and 3. Continue efforts to engage citizens in a wide range of issues and projects. The Council approved these changes in June, and is now being asked to adopt a resolution formally transferring the state required citizen involvement oversight for land use and land use decisions to the Planning Commission. This action would be effective immediately. The attached resolution also addresses the following changes approved by Council: • Directs modification of the current CCI bylaws to transform this committee into the Council advisory committee for the Neighborhood Network Program. • Directs amendment of the bylaws and charge statements of other boards, commissions, and committees to specifically include citizen involvement as part of their responsibilities. • Authorization for the City Manager to sign and send a letter (Exhibit A) notifying the Department of Land Conservation and Development of these changes. OTHER ALTERNATIVES Alternatives to the recommendation are: 1) Decline to adopt the resolution; 2) Amend the resolution, or 3) Remand it back to staff for additional work. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of City goals. DATES OF PREVIOUS COUNCIL CONSIDERATION June 15, 2010 Attachments Attachment 1_6/15/10 Memo on Role of CCI Resolution Exhibit A: Letter to DLCD ATTACHMENT 1 City of Tigard TIGAkD Memorandum To: Mayor Dirksen and City Councilors From: Susan Hartnett, Assistant Community Development Director Liz Newton, Assistant City Manager Re: Discussion of Committee for Citizen Involvement (CCI) Role Date: June 11, 2010 Introduction At the June 15th Workshop, the Council will be asked to provide feedback on a proposal to revise the charge of the Committee for Citizen Involvement (CCI) and transfer the state required citizen involvement land use responsibilities to the Planning Commission and other citizen involvement responsibilities to other boards, commissions, and committees. This proposal has three primary goals: 1. Meet state requirements for citizen involvement in land use planning and also those of Tigard's Comprehensive Plan; 2. Ensure the CCI has a meaningful role that can be supported by current staff and other resources; and 3. Continue efforts to engage citizens in a wide range of issues and projects Background / Discussion The Tigard Comprehensive Plan contains the following policy specific to the CCI. 1. The City shall maintain a Committee for Citizen Involvement representative of a broad cross - section of the community to: a. Make recommendations to the City regarding ways to engage the public in City issues, projects, and the land use process; b. Help implement and develop a public information and citizen involvement program applicable to a wide range of issues; and c. Support the enhancement of ' Tigard's overall level and quality of civic engagement by promoting meaningful citizen involvement in City government. �, rryr //u2. IG8.1093R /dots/ 2010 /ACONSL'NT/ 20101123_136/275_7123 -10 Attachment I_6 -13 -U) Nlen, on Role of the CCI final final ron.docx 1 ATTACHMENT 1 Statewide Planning Goal 1 calls for widespread citizen involvement and requires local jurisdictions to maintain a Committee for Citizen Involvement. Tigard's policy goes beyond the Goal 1 requirements for citizen involvement in land use planning. The state requirements are summarized as follows: "As a component, the program for citizen involvement, shall include an officially recognized committee fbr citizen involvement (CCI) broadly representative of geographic areas and interests related to land use and land -use decisions. Committee members shall be selected by an open, well publici ed public process. The committee Jo r citizen involvement shall be responsible for assisting the governing body with the development of a program that promotes and enhances citizen involvement in land -use planning, assisting in the implementation of the citizen involvement program, and evaluating the process being used for citizen involvement" (emphasis added). While there is clear City history that designates to the CCI the functions described in statewide Planning Goal 1, changes have occurred over time in the City's citizen involvement structure. Commensurately, the membership and responsibilities of the CCI also changed. Currently the committee's charge goes well beyond that of Statewide Planning Goal 1. Attachment 2 gives a brief history of the CCI and Tigard's citizen involvement program, which has included Neighborhood Planning Organizations (NPOs), Citizen Involvement Teams (CITs), Focus on Tigard, and now the Neighborhood Network Program. Over the past year, the CCI has discussed only two projects in three meetings that pertain to land use. The majority of the Committee's time has been spent discussing Council ad -hoc requests such as the Census Complete Count Committee and the Fanno Creek Conference. In addition, the CCI is currently charged with oversight of the Neighborhood Network program and its effectiveness. A lot of the CCI's time has been devoted to this effort. Proposal Based on discussions with CCI members at two recent meetings, and internal discussions between Community Development and City Management staff, the following changes are proposed for Council's consideration: • Designate the Tigard Planning Commission as the state required CCI for land use planning related matters; • Modify the bylaws and charge statements of other boards, commissions and committees to specifically require citizen involvement as part of their responsibilities; • Change the CCI bylaws to transform this committee into the Steering Committee for the Neighborhood Network Program. Because the Planning Commission already receives briefings on land use planning projects, the additional work for the Planning Commission to review the outreach and communication plans should be manageable within their existing meeting schedule. � : / / 192168.1 928 /d,s/ 20x0 /ACONSl0N I /20l0u23_136/275_11 23 -19 Art chr, cnt 1_6-1 -1() Mono on 6,i0 of the CC1 final final ron.doCX 2 ATTACHMENT 1 The CCI will be reorganized as the oversight committee for the Neighborhood Network as described in Attachment 4. All other boards, commissions, and committees will be specifically charged with citizen involvement within their spheres of responsibility. To implement these changes, resolutions are needed to change the responsibilities of the CCI and transform it into the Neighborhood Network Steering Committee; designate respective citizen involvement responsibilities to boards, commissions and committees; and designate land use planning citizen involvement responsibilities to the Planning Commission. A letter will also need to sent to the Department of Land Conservation and Development (DLCD) regarding these changes to Statewide Planning Goal 1. hrgr //192.168. 109. 28 /doc /2Ul0 /ACONSEN9' /20101123_ 136 / 275_11- 23- 10Attachment l6- 10- 10Memo nn Role of the CCI rural final ron.docx 3 rt1 4 O 7 ,@tnS 42) AIS -238 Item #: 4. Business Meeting a Date: 11/23/2010 WAS v"" Of- Length (in minutes): 10 Minutes Agenda Title: Presentation of Lifesaving Awards Prepared For: Alan On Submitted By: Julia Wade Police Item Type: Motion Requested Meeting Type: Council Business Meeting - Main ISSUE Lifesaving awards will be presented to Gustavo Mendoza, Austin Coupe, Samantha Yau (citizens) and Police Officer George Hicks (Tigard PD), Officer Brian Jackson (Tigard PD) and Officer Michael Rowe (Beaverton PD). STAFF RECOMMENDATION / ACTION REQUEST N/A - Presentations. KEY FACTS AND INFORMATION SUMMARY Lifesaving awards will be presented to Gustavo Mendoza, Austin Coupe and Samantha Yau (citizens) for their assistance with a young swimmer in peril at the Tigard Swim Center August 20, 2010. Lifesaving awards will be presented to Officer George Hicks (Tigard PD), Officer Brian Jackson (Tigard PD) and Officer Michael Rowe (Beaverton PD) for preventing a suicidal male from jumping off the Hall Blvd overpass of Hwy 217 on July 14, 2010. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: None Budgeted (yes or no): N/A Where Budgeted (department/program): N/A Additional Fiscal Notes: N/A Attachments No file(s) attached. AIS -220 Item #: 5. Business Meeting Date: 11/23/2010 Length (in minutes): 20 Minutes Agenda Title: Informational Public Hearing to Consider a Resolution Finalizing Sanitary Sewer Reimbursement District No. 48 (Lower SW Cherry Drive) Submitted By: Ted Kyle Public Works Item Type: Resolution Meeting Type: Council Business Meeting - Public Hearing - Informational Main ISSUE Shall the City Council hold a public hearing and consider a resolution finalizing Sanitary Sewer Reimbursement District No. 48, established to construct sanitary sewers in lower SW Cherry Drive? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council hold the public hearing and approve the resolution. KEY FACTS AND INFORMATION SUMMARY Under the Citywide Sanitary Sewer Extension Program, the City installs public sewers to each lot within a reimbursement district. Property owners are not required to pay any fees until they connect to the public sewer. At the time of connection, the property owner: • Pays a connection and inspection fee. • Reimburses the City for the owner's share of the sewer installation. • Assumes responsibility for any plumbing modifications to connect to the public sewer. • Assumes responsibility for disconnecting the owner's existing septic system in accordance with county regulations. This sanitary sewer project installed sewer service to four lots on lower SW Cherry Drive. Final costs are as follows: • Construction $49,460 • Purchasing Easements $6,400 • Site Restoration $2,822 • Engineering and Inspection $6,677 (13.5 percent of construction cost as defined in TMC 13.09.040(1)) • Project Total $65,359 The final project cost is 58 percent less than estimated in the original Engineer's Report. Some of the reasons this savings are listed below: • An alternative access route was provided by the business park to the south. Staff worked with the business park owner to develop this access for the contractor during final design at no cost to the City. This additional access route reduced the contractors work and risk. • The original estimate included a contingency for unknowns relating to building sewers in residences' back yards, which is risky. This contingency was not needed. • The project was bid at a favorable time. • Oregon prevailing wage rates were not required because project cost was below the prevailing wage limit. This may have allowed contractors to bid lower. On November 5, 2010, notices of the public hearing to finalize the district were mailed to owners within the district. The notice and mailing list are attached. No responses to the notices were received. If the resolution is approved, owners within the district will be notified that the sewer is ready for connection. OTHER ALTERNATIVES The Council could decide not to approve the resolution and provide staff with direction regarding the finalization of the district. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The reimbursement district meets Goal No.1, "Implement Comprehensive Plan," by furthering Comprehensive Goal 11.3, "Develop and maintain a wastewater collection system that meets the existing and future needs of the community." On September 14, 2010, City Council adopted the City of Tigard Sewer Master Plan. The proposed sewer extension is consistent with this plan. DATES OF PREVIOUS COUNCIL CONSIDERATION At its July 13, 2010 meeting, the City Council held an informational public hearing and approved the formation of Reimbursement District No. 48 by adopting Resolution No. 10 -37. Fiscal Impact Cost: $65,359 Budgeted (yes or no): Yes Where Budgeted (department /program): Sewer CIP Additional Fiscal Notes: The final actual cost of the project is $65,359. This amount includes the final costs as follows: • Construction $49,460 • Purchasing Easements $6,400 • Site Restoration $2,822 • Engineering and Inspection $6,677 (13.5 percent of construction cost as defined in TMC 13.09.040(1)) The portion of the final costs assigned to each owner is tabulated in Exhibit A, Final City Engineer's Report, to the proposed resolution. The cost to each owner under the incentive program established by Resolution No. 01 -46 is also shown. Funding is by unrestricted sanitary sewer funds. Attachments Resolution Exhibit A- Final Engineer's Report Exhibit B - Property Map Resolution 10 -37 Establishing District Vicinity Map Letter to Property Owners Notice to Property Owners Mailing List Resolution 01 -46 Setting up the Early Connection Incentive Resolution 03 -55 Modifying the Early Connection Incentive LOWER CHERRY DRIVE - REIMBURSEMENT DIST NO. 48 FY 2009 -10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE SE 1/4 SECTION 1 T2S R1W W.M. 111 Lu I ., VARNS ST T fill N FIR ST I FIR ST mmill. S.W FlR ST VP N It Q ERR li ■ Ill Ilk Y OR li `� CH` mrp SANDBURG ST TECH CENTER VICINITY MAP NTS November 5, 2010 2S101DCO2000 Thomas G. Widman 7550 SW Cherry Dr Tigard, OR 97223 Subject: Notice of Hearing to Finalize Lower SW Cherry Drive Sanitary Sewer Reimbursement District No. 48 The construction of a new public sanitary sewer that will serve your property has been completed. With the competitive bidding market the project was constructed for 63% less than originally estimated. This means that your share of the project costs will be lower. City Council will hold a public hearing on November 23, 2010 to finalize Reimbursement District No. 48, see enclosed notice. You are encouraged to attend and offer oral or written testimony. Enclosed with the hearing notice is the proposed final cost of the project along with a list of each property owner's proposed reimbursement fee. The reimbursement fee is your share of the cost of constructing the public sewer and is shown in the column with the "Final Reimbursement Fee" heading. Your fee is calculated as follows: Tax Lot ID: 2S101DCO2000 Lot size 28,308.7 Square Feet x $0.63030440 = $17,843.00 The actual fee required to connect is subject to the City's Incentive Program. We will send you the results of the hearing, which will include the approved amount your final reimbursement fee. The fees discussed above are not due until you decide to connect to the sewer. Please call me if have questions. I may be reached at 503- 718 -2468 or at greg ( tigard - or.gov. Sincerely, Greg N. Berry, P.E. Project Engineer I: \II NG \l - Active Projects \ Lower Cherry Sanitary Sewer Ert - IFAS Keg 93048 File 0677 \ Council \I'uraliaaiion \Letter to Property Owners.doc November 5, 2010 2S101DC01900 Patricia M. Hermanson 7530 SW Cherry Dr Tigard, OR 97223 Subject: Notice of Hearing to Finalize Lower SW Cherry Drive Sanitary Sewer Reimbursement District No. 48 The construction of a new public sanitary sewer that will serve your property has been completed. With the competitive bidding market the project was constructed for 63% less than originally estimated. This means that your share of the project costs will be lower. City Council will hold a public hearing on November 23, 2010 to finalize Reimbursement District No. 48, see enclosed notice. You are encouraged to attend and offer oral or written testimony. Enclosed with the hearing notice is the proposed final cost of the project along with a list of each property owner's proposed reimbursement fee. The reimbursement fee is your share of the cost of constructing the public sewer and is shown in the column with the "Final Reimbursement Fee" heading. Your fee is calculated as follows: Tax Lot ID: 2S101DC01900 Lot size 23398.3 Square Feet x $0.63030440 = $14,748.00 The actual fee required to connect is subject to the City's Incentive Program. We will send you the results of the hearing, which will include the approved amount your final reimbursement fee. The fees discussed above are not due until you decide to connect to the sewer. Please call me if have questions. I may be reached at 503 - 718 -2468 or at greg@tigard-or.gov. Sincerely, Greg N. Berry, P.E. Project Engineer I: \ I NG\ I - Actice Projects \Lower Cherry Sanitary Sewer I(xt - I PAS Key 93048 Rile 0677 \ Council \Finalization \Letter ro Property Owners.doc November 5, 2010 2S101 DC01800 Lisa M. Chemarin & Jennifer L. Santoro 7510 SW Cherry Dr Tigard, OR 97223 Subject: Notice of Hearing to Finalize Lower SW Cherry Drive Sanitary Sewer Reimbursement District No. 48 The construction of a new public sanitary sewer that will serve your property has been completed. With the competitive bidding market the project was constructed for 63% less than originally estimated. This means that your share of the project costs will be lower. City Council will hold a public hearing on November 23, 2010 to finalize Reimbursement District No. 48, see enclosed notice. You are encouraged to attend and offer oral or written testimony. Enclosed with the hearing notice is the proposed final cost of the project along with a list of each property owner's proposed reimbursement fee. The reimbursement fee is your share of the cost of constructing the public sewer and is shown in the column with the "Final Reimbursement Fee" heading. Your fee is calculated as follows: Tax Lot ID: 2S101DC01800 Lot size 19755.8 Square Feet x $0.63030440 = $12,452.00 The actual fee required to connect is subject to the City's Incentive Program. We will send you the results of the hearing, which will include the approved amount your final reimbursement fee. The fees discussed above are not due until you decide to connect to the sewer. Please call me if have questions. I may be reached at 503 - 718 -2468 or at gregntigard- or.gov. Sincerely, 11 k Greg N. Berry, P.E. Project Engineer l: \ LNG\ I - Active Projects \ I.ower Cherry Sanitary Sever Ii. \f - I F'AS Key 9300 File 0077 \Council\ Finalization \ Letter to Property' Owners.dyc November 5, 2010 2S101DCO2100 Martin D. & Carla Stewart 7570 SW Cherry Dr Tigard, OR 97223 Subject: Notice of Hearing to Finalize Lower SW Cherry Drive Sanitary Sewer Reimbursement District No. 48 The construction of a new public sanitary sewer that will serve your property has been completed. With the competitive bidding market the project was constructed for 63% less than originally estimated. This means that your share of the project costs will be lower. City Council will hold a public hearing on November 23, 2010 to finalize Reimbursement District No. 48, see enclosed notice. You are encouraged to attend and offer oral or written testimony. Enclosed with the hearing notice is the proposed final cost of the project along with a list of each property owner's proposed reimbursement fee. The reimbursement fee is your share of the cost of constructing the public sewer and is shown in the column with the "Final Reimbursement Fee" heading. Your fee is calculated as follows: Tax Lot ID: 2S101DCO2100 Lot size 33231.7 Square Feet x $0.63030440 = $20,316.00 The actual fee required to connect is subject to the City's Incentive Program. We will send you the results of the hearing, which will include the approved amount your final reimbursement fee. The fees discussed above are not due until you decide to connect to the sewer. Please call me if have questions. I may be reached at 503- 718 -2468 or at gregQtigard- or.gov. Sincerely, Greg N. Berry, P.I. Project Engineer I:AENG \1 - Active Projects \Lower Cherry Sanitary Sewer Err - I FAS Key 93048 File 0077 \ Council \Finnlizat ion ALetter to Property Oryners.doe li V 'TIGARD City of Tigard November 5, 2010 NOTICE of PUBLIC HEARING Tuesday, November 23, 2010 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on November 23, 2010, at 7:30 pm at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Public Works Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 - 718 -2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 (Lower SW Cherry Drive). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 48, which has been formed to install sewers in lower SW Cherry Drive. Each property owner's recommended fair share of the public sewer line is $0.6303 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of less than $15,000, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report as in accordance with Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03 -55. I: \ENG \t - Active Projects \Lower Cherry Sanitary Sewer Ext - IFAS Key 93048 File 0677 \Council\Finalization \Lower Cherry Reim Dist 48 Notice Moe 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov 25101 DC01800 CHEMARIN, LISA M & SANTORO, JENNIFER L 7510 SW CHERRY DR TIGARD, OR 97223 2S101DC01900 HERMANSON, PATRICIA M 7530 SW CHERRY DR TIGARD, OR 97223 2S101DCO2100 STEWART, MARTIN D & CARLA E 7570 SW CHERRY DR TIGARD, OR 97223 2S101DCO2000 WIDMAN, THOMAS G 7550 SW CHERRY DR TIGARD, OR 97223 CITY OF TIGARD, OREGON RESOLUTION NO. 01- V A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98 -51 to encourage owners to connect to public sewer. The program was offered for a two -year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00 -60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98 - 51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO. 01-4P Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This / d d ay of 2001. • • ayor Ci of .ard ATTEST: i Recorder - City of • :ard . L• \Citywide\Res\Resolution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO. 01- (/ Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 106 & JOHNSON No.12 5,598 No reimbursement available 100 & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND &HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 WALNUT & 121 No.18 - Amount to be reimbursed will be Three years from service availability ROSE VISTA No.20 - determined once final costs are determined. Currently being constructed CITY OF TIGARD, OREGON RESOLUTION NO. 03- 55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 01— 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01 -46 to encourage owners to connect to public sewer within three -years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01 -46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01 -46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three -year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01 -46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01 -46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- . Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. �f PASSED: This h day of C ft 22 2003. Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigard i:ten010re0Veimbursement distdaslrevlsions res 01-48 au0 28 03\oct 14 03 60una610 - 14 - 03 addition to res 1 - 46 res.Ox RESOLUTION NO. 03- 5 Page 2 Agenda Item No. 5 Date: November 23, 2010 TESTIMONY SIGN -UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 - LOWER CHERRY DRIVE Due to Time Constraints City Council May Impose A Time Limit on Testimony e Agenda Item No. 5 Date: November 23, 2010 PLEASE PRINT N 0 On__12_, S-c `'`^� — Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. • Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. •Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AIS -233 Item #: 6. Business Meeting Date: 11/23/2010 Length (in minutes): 45 Minutes Agenda Title: Continuation from October 23, 2010, of Legislative Public Hearing (CPA 2010- 00001) to Adopt Tigard 2035 Transportation System Plan Update Submitted By: Judith Gray Community Development Item Type: Ordinance Meeting Type: Council Business Meeting - Main Public Hearing - Legislative ISSUE Shall Council approve, or approve with modifications, the Planning Commission's recommendation (CPA2010- 00001) to adopt the the Tigard 2035 Transportation System Plan with amendments, and amend the Tigard Comprehensive Plan Goal 12: Transportation and the Tigard Public Facility Plan? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council accept five amendments provided in Attachment 1 and approve the Planning Commission's recommendation (CPA2010- 00001) to adopt the the Tigard 2035 Transportation System Plan, and amend the Tigard Comprehensive Plan Goal 12: Transportation and the Tigard Public Facility Plan. KEY FACTS AND INFORMATION SUMMARY As included in the AIS for the October 12, 2010 Council Hearing: • OAR 660 Division 12 (Transportation Planning Rule, or TPR) requires cities with populations over 10,000 to have a transportation system plan. • Cities are required to update their TSPs under any of a number of "triggering" conditions, including 1) to reflect changes in an updated Comprehensive Plan, 2) if the existing TSP has a forecast year less than 15 years in the future, or 3) within one year of adoption of the Regional Transportation Plan (RTP). • Tigard updated the other elements of the Comprehensive Plan in 2007 -2008. • Tigard's current TSP was adopted in 2002 with a forecast year of 2020. • Metro adopted an updated RTP in 2010. • In 2007, the Transportation Growth Management (TGM) program, administered by the Oregon Department of Transportation (ODOT) and Department of Land Conservation and Development (DLCD), awarded $175,798 to Tigard to update the TSP. • The TGM funds were used to hire a consultant team to lead the TSP Update. • A Citizens Advisory Committee was appointed by Council to participate in the update of the TSP. • Additional measures to engage the community included several Cityscape articles, a project web site, two Public Forums, one Open House, and presentations to civic organizations. • A Technical Advisory Committee was comprised of representatives of neighboring cities, Washington County, Metro, Tualatin Valley Fire and Rescue, TriMet, ODOT, and DLCD. • The consultant completed their contract in March 2010 and submitted a draft TSP Update. • In April and May, 2010 staff conducted three work sessions with Planning Commission to review and refined the draft TSP Update. • On June 21, 2010, Planning Commission held a public hearing on the TSP Update, at which they voted unanimously to recommend adoption. Update reflecting the October 12, 2010 Council Hearing: • On October 12, 2010, Council held a public hearing on the TSP Update and received public comment in oral and written testimony. • Council continued the hearing in order to allow staff time to respond to public testimony. • Staff responses to public testimony are added to the staff report findings from the October 12 hearing, provided in Exhibit C of the Ordinance. OTHER ALTERNATIVES Alternatives to staffs recommenations are: 1) Adopt the 2035 TSP with amendments other than those identified in Attachment 1; 2) Adopt the 2035 TSP without any proposed amendments, or 2) Not adopt the 2035 TSP Update and remand it back to the Planning Commission for additional work. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Goal la. Complete the Transportation System Plan DATES OF PREVIOUS COUNCIL CONSIDERATION During the past 13 months, the City Council has received updates on or considered aspects of the Tigard 2035 Transportation System Plan on October 20, 2009; December 15, 2009; March 30, 2010; August 17, 2010; and September 21, 2010. City Council conducted a public hearing on October 12, 2010 which was continued until November 23, 2010. Fiscal Impact Fiscal Information: Cost: $283M+ over 20 years Budgeted (yes or no): no Where Budgeted (department /program): NA Additional Fiscal Notes: The 2035 Tigard Transportation System Plan (TSP) includes projects under the jurisdiction of the city, state, county, and other local jurisdictions. These capital improvements are typically funded through a combination of state, city, county, and private funds. Section 6 - Transportation Funding Element describes Tigard's projected transportation revenues and estimated project costs, as well as summarizing other potential revenue sources. Table 6 -3 summarizes the estimated cost for implementation of all projects in the TSP at $657,310,000. It is important to remember that not all projects identified on the lists are expected to be constructed in the 25 -year planning horizon used to develop the TSP. Also, the majority of transportation projects will require partnerships with other agencies or private developers and in some cases, the City may be responsible for a small percentage of project costs. The financially constrained list incorporates potential capital from all known public and private sources and Table 6 -3 summarizes the cost for that project list at $283,280,000. The information in the TSP will be one of the key resources Tigard will use to add projects to the 5 -year Capital Improvement Plan (CIP). The CIP is adopted each year with the budget. It represents all capital projects, including transportation projects, that Tigard expects to fund over the shorter 5 -year horizon. The current 2011-2015 CIP has $17 million in transportation projects within the Streets and Downtown systems. Attachments 1. Staff Recommended Amendments Memo 2. Ordinance 3. Exhibit A. TSP 4. Exhibit B Goal 12 Language 5. Exhibit C Staff Report 6. Planning Commission Minutes 7. TSP PowerPoint CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 21, 2010 1. CALL TO ORDER President Walsh called the meeting to order at 7:05pm. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Present: Commissioner Anderson; Commissioner Doherty; Commissioner Fishel; Commissioner Gaschke; Commissioner Hasman; Commissioner Muldoon; Vice President Vermilyea; and President Walsh (8). Absent: Alternate Commissioner Schmidt; Alternate Commissioner Shavey (2) Staff Present: Ron Bunch, Community Development Director; John Floyd, Associate Planner; Judith Gray, Sr. Transportation Planner; Susan Hartnett, Assistant CD Director; Doreen Laughlin, Sr. Administrative Specialist; Gary Pagenstecher, Associate Planner; and Darren Wyss, Sr. Planner 3. COMMUNICATIONS President Walsh publically thanked Dick Bewersdorff, Planning Manager, for his many years of helpful guidance in serving the Planning Commission as staff liaison. He wished him well on his upcoming retirement. 4. CONSIDER MEETING MINUTES June 7th Meeting Minutes: President Walsh asked if there were any additions, deletions, or corrections to the June 7th minutes; there being none, Walsh declared the minutes approved as submitted. t: \LRPLN \Planning Commission \2010 PC rackets \6.21.10 \tpc minutes 6- 21- IO.docx Page 1 of 8 5. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT (CPA) 2010 -00001 TIGARD COMPREHENSIVE PLAN AMENDMENT TO ADOPT THE TIGARD 2035 TRANSPORTATION SYSTEM PLAN (TSP) STAFF REPORT Sr. Planner, Darren Wyss gave the staff report on behalf of the City. [The staff report is available to the public one week in advance of the meeting]. He explained that this was a public hearing for the commission to make a recommendation to City Council on the 2035 TSP and that this would amend Chapter 12 Transportation and Public Facility Plan. Wyss talked about the four exhibits that had been attached to the staff report. • Exhibit A contains the proposed amendments to Goal 12 and the 2035 TSP document. • Exhibit B is DLCD comments, which resulted in the addition of one additional policy: Goal 3, Policy 4. • The TSP had been developed over 18 months & included the following meetings & forums: o Citizen Advisory Committee /Technical Advisory Committee meetings o Public Forums /Open House o 3 Planning Commission workshops — where commissioners made some changes... found as Exhibit C • Exhibit D - Citizen Comments regarding Walnut /Ash connection Wyss explained that staff had sent two memos via email to the Commissioners the Friday before. The first memo was a response to Exhibit D (Comments regarding Walnut /Ash connection). The second memo outlined potential options for addressing the concerns regarding Walnut /Ash. Staff also received public comment the day of the meeting (Hard copy had been provided to the Commissioners.) He gave a general summary of the emails. Both had the same comments and were emailed by two individuals. APPLICANT'S PRESENTATION Judith Gray, Sr. Transportation Planner, and City of Tigard applicant, went over a PowerPoint Presentation on the TSP (Exhibit A). QUESTIONS OF STAFF It was noted that there are many projects in the TSP - the Ash Avenue connection just being one of them. President Walsh asked what the process would be in terms of public I:\LRPI.N \Planning Commission \2010 PC Packets \6- 21- 10 \tpc minutes 6- 21- 40.docx Page 2 of 8 notification - public involvement, etc. should something like that take place. Susan Harnett said the first step would be to get the money, if possible, and then do an environmental impact analysis. She said the City of Tigard has a high commitment to community participation. As seen by many projects in the past, there is a concerted effort to notify the community of major things. A good example is what was done with Burnham recently, where the City added a "Twitter" feed to keep people informed of the construction. But long before that there was major outreach through Cityscape, mailings, website updates, newspaper articles, Planning Commission meetings, Council meetings, etc. There would be plenty of notification to the public if and when something like this would take place. The question was asked as to what staff is looking for. Judith Gray said staff is looking for a recommendation to either adopt the TSP as it is, adopt it with changes, or to deny it. One of the commissioners asked if there would be a negative impact if they chose to move some of the projects in the TSP from short -term to mid -term status. Gray answered "No, there would be no negative impact. A positive impact would be that it would be more realistic and helpful." TESTIMONY IN FAVOR OF THE APPLICATION Elise Shearer — CCAC Commissioner — 9980 SW Johnson St. Tigard — commended staff on the TSP. She said she knew it was the result of a lot of hard work and had been a long time in development. She said she wanted to speak in favor of the Ash Avenue Bridge. She noted that a visionary body needs to think long -term and long -term means major density is coming. She said there would be future rezoning for density; future increased traffic. Emergency access will become more difficult. A bridge over the creek on Ash Avenue will improve circulation. It does not have to be immediately open to two -way traffic. It can service bicycle, pedestrian, and emergency access first and, with increased density, in the future be potentially open for two -way traffic. It is necessary for Tigard to handle increased density. Eventually residential area on Ash Avenue corridor will probably be rezoned for higher density. She said she would like to have her comments on the record, as a commissioner, saying she's in favor and wants staff to think long -term. She said she and the rest of those present won't necessarily be around in 25 — 50 years out, but that we have to think of those people who will be, and how we're going to serve them. TESTIMONY IN OPPOSITION OF THE APPLICATION Bonnie Peterson 13245 SW Ash Dr Tigard 97223 — said she is against the Ash Avenue bridge extension. She said it would ruin homes that would be coming in that area and would be going thru the wetlands. She said it's been flooding. It's not a good idea. The water was lapping both bridges. She doesn't want it to look like California. It would cause too much traffic. She's against it. She enjoys the natural area and doesn't want it ruined in the wetland. She believes it would be a big mistake to put a bridge in there. l:\IRPl.IAPlamtingCommission \2019 PG N643\6-21-10\ trc nunurcs 6- 2I.10.docx Page 3 of 8 Barb Taylor 13175 SW Ash Dr. — is against the idea of a Walnut Street extension. She wondered what the economic advantage is of creating an extension from Walnut to Ash rather than using Frewing — which is already an existing street that connects with Ash Avenue. She would like to see that addressed in any study that may be presented. Also — there are arms of Fanno Creek that would also be impacted. She thanked staff for allowing them time to speak. CLOSE THE PUBLIC HEARING DELIBERATION President Walsh opened the deliberation. He noted that this deliberation is not on Ash Avenue — but on the entire 2035 Transportation System Plan. The importance of connectivity of roads was noted and discussed — for emergency access in particular. One of the commissioners said "I am impressed by staff's hard work and the tremendous amount of public involvement that has gone into this document. The Ash Avenue connection is just one of 140 some projects in this plan - a very small piece of the overall plan. And, in fact, there is no current design, funding, alignment, environmental evaluation, needs assessment, etc. [with regard to Ash] — nor is there a current process or ability to undertake any of those steps, that would be needed, within the foreseeable future — that being 15 to 20, or 25 years. There are a number of contingencies that must first occur before this option is ever looked at. Note I said option. This is not a "project "... this is an "option." There are multiple steps that would have to occur before this option comes up on radar, and this option would be up to a Planning Commission of a later generation to ultimately decide - after going through the deliberative process that has been talked about tonight. I think it would be tremendously erroneous for this commission to pull the option off the table and foreclose the opportunity for future generations to look at the viability of that, or any other, option that's been identified in this plan. We're not confronted with making a decision about Walnut and Ash Avenue. This is an "option" before us. It's inappropriate for us to foreclose the option at this time. Therefore, in light of what I think has been a tremendous amount of good work and a lot of thought that has gone into placing these projects in the place, time -wise, that they were placed in this plan, I think it would be inappropriate for us, at this time, to change what's in there. So I would support the TSP as currently proposed. If other commissioners feel strongly, I would agree to modify by including a corridor study and by moving Walnut Street and Ash Avenue to a more `mid- term', but that would be a Plan B for me." Another commissioner said he would throw a concise alternative, which would be to move the three projects to mid -term. L \LRY1.N \Plannin C mmission \2010 PC Packets \6 - 21.10 \tpc minutes 6- 2I- 10. docx Page 4 of 8 There was some discussion as to the definition of short -term and mid -term. Short -term is 10 to 12 years, mid -term is 20ish. Another commissioner said she is not opposed to moving Nos. 18 & 27 to mid -term. She said a lot of people, when they think of `short - term', they think of 2 years from now — and not 20 years. She's opposed to moving project 17. She believes something needs to be done in the Downtown. She would oppose that. The reality is project 18 and 27 may be 20 years down the road, at best, but it does need to stay on the books. Walsh noted that he believed the plan is "excellent." He found it engaging, he likes the vision and aspect of it --- and said it will have value through the years. He reminded the commission that there will be an update of the TSP in 5 to 8 years and that this is a foundational document. He is not opposed to the modification. Walsh summarized that he's hearing that project 17 is something that has a little more interest in the shorter -term than the longer -term. He asked if anyone else wanted to weigh in on the discussion. Judith Gray pointed out that there is a table of several studies and plans that have no timeframe attached to them at all. Vermilyea said we could just not include a timeframe with No. 17 at all. MOTION The following motion was made by Commissioner Vermilyea, seconded by Commissioner Hasman: "I move that the Planning Commission forward a recommendation of approval to the City Council of the Tigard 2035 Transportation System Plan CPA2010 -00001 with the following amendments: 1. That a Corridor Study be undertaken to determine whether it is feasible and appropriate to extend Walnut St. to Ash Avenue and also to extend Ash Avenue across Fanno Creek into the Downtown area, as well as look at other factors, such as economic benefits and other items that can be determined at that time; and 2. That items No. 18 and 27 in the TSP project numbers be moved from "short - term" to "mid- term" projects." The motion CARRIED on a recorded vote, the Commission voted as follows: AYES: Commissioner Anderson, Commissioner Doherty, Commissioner Fishel, Commissioner Gaschke, Commissioner I: \LRPLN \Planning Commission \2010 PC Packets \6- 21- 10 \ipc minutes 6- 21.10.docx Page 5 of 8 Hasman, Commissioner Muldoon, Commissioner Vermilyea, and Commissioner Walsh (8) NAYS: None (0) ABSTAINERS: None (0) ABSENT: None (0) 7. BRIEFING — REGULATORY IMPROVEMENT Susan Hartnett, Assistant Community Development Director, spoke about code. She said, "The City of Portland's code is the basis for much of Tigard's code. In particular are `use' categories and many of our procedural components like the different types of land use reviews, as well as a number of the land use reviews themselves. The criteria in those land use reviews all come out of Portland's code; however, the version of Portland's code that was used as the model of Tigard's code was the discussion draft. There was a lot of work done between the discussion draft and the final version that made that code clear and usable. She noted that one of the things we are living with is some legacy from having adopted a version of that code that was not quite ready for "prime time." One of the things we're looking to do in this regulatory improvement initiative is to take that next step. Basically to take Tigard's code from Portland's `discussion draft' to a really tight, clean, consistent, easy - to -use, simple to follow, user - friendly code. It is a very ambitious work program. We hope to make some good progress in that direction. You've already seen the first piece of regulatory improvement initiative and you didn't even know it. You may recall when Cheryl Gaines brought before you the proposal to extend the land use approvals for sub - divisions, etc. that there was stuck in there a list of terms that had been defined. That was a piece of regulatory improvement. That allowed you, as the user of the code, to look right at the first page of the definitions and go `Oh — this is a defined term — I'd better look it up and see how it's defined' -- rather than having to page through and see if some version of the term you're looking for might be in there and where might it be. There are three things that have already launched and, again, this will be a 2 to 3 year effort. This will not be done quickly, in part, because this is in addition to everything else that we're doing. We're trying to find opportunities to make some improvements to the code. The following are three things we've already done: 1. We've created a data base that will allow us to capture all the problems that we find in the code. We come across some section that either is unclear, in conflict with another, seems to be missing something... up until now we've had no way of capturing those issues. This will make it possible to track things ranging from incorrect references, to entire things missing in the code — such as a revocation process. 2. We've assigned a code editor -- Cheryl Gaines, Associate Planner. She will look out for consistency of code language. She will check for the format, the structure, the clarity, the readability of it. 1: \[.RPLI@ \Mining Commission \2010 PC Packers \6- 21- 10 \qn: minutes 6.21- 10.docx Page 6 of 8 3. We've started to launch some projects specific to improving the Development Codc; tonight's will be our "use categories ". This is foundational. No longer do we use lists. We categorize uses into chunks where you're looking at the impact and determining that the impact of these uses is similar. What it allows you to do is - as a new use comes along, figure out what category it figures into. We're lacking clear definitions that allow us to make those determines for new use. A lot of the language we're missing is in the final version of the Portland Code — it wasn't in the discussion draft, but it's now there. So a lot of what we're going to be doing is really just wholesale importing some clarification language out of the Portland code. We will move our code to a higher level of clarity and consistency. That's the big picture. We'll bring things to you early on. Is there any feedback ?" Walsh said he's pleased and asked that staff include the explanations of acronyms and also that he'd like staff and the commissioners to revisit this subject again about 6 months from now. 7. WORK SESSION — USE CLASSIFICATIONS UPDATE DCA2010 -00004 John Floyd, Associate Planner, said the purpose of the amendment is to clarify, simplify, and standardize chapter 18.130 — which is the use classifications chapter. He noted that one of the main problems with the existing use classifications chapter is that each classification varies in the level of detail provided. They can vary in the terms of a user's experience with the code. We've reformatted it and expanded and clarified it as necessary. At this point Floyd went over Attachment 1 — sample code amendments. It gave a snapshot of what is coming. The biggest insertion was the "classification of uses." He went on to explain how it's different and asked the commissioners if they had any comments or concerns on what had been gone over. The question came up as to whether other cities were going about this in the same way. Hartnett answered that this is a trend in many jurisdictions and that, over time, businesses change and the nature of that business changes. This is necessary as it's a much easier way of capturing everything and having a systematic way of saying "Oh — it's a new use, but where do we put it? Oh — look at these characteristics --- it's this and not that." 8. WORK SESSION — UPDATE ON ROLLING CALENDAR /CD ORG CHART Susan Hartnett checked in with the commissioners on whether the new rolling calendar is meeting expectations or not. The commissioners indicated that it was exactly what they were hoping for, and that they like it a lot. She also went over the new organizational chart. She l:\LRPLN\Manning Commission \2010 PC Packets \6.2I- IO \ipe minutes 6.21-10 docx Page 7 of 8 went over the changes that had taken place. The commissioners appreciated having the newly updated Org Chart and thanked Hartnett. A commissioner asked about the possibility of the City hiring an Economic Director. It was noted that Sean Farrelly will take on as much of that as he can but that an Economic Director position isn't something seen as feasible in the near term. The question was asked as to whether there is a staff resource specifically assigned to sustainability - i.e. a "green" staff resource. The answer was — no, not at this time. Hartnett answered that there've been a number of conversations at the council level about trying to create some sort of sustainability program, or approach, for the City — unfortunately, the City then went through the budget contractions. There were some questions on some of the items on the calendar. 9. OTHER BUSINESS President Walsh noted that he will not be at the next Planning Commission meeting due to other commitments. 10. ADJOURNMENT President Walsh adjourned the meeting at 9:18 pm. - c-:----- ----- r) . ,__.\.,40 Gsz...L. Doreen Laughlin, Planning Commission Secretary A ST: Presi\ cut David Wals I: \IJU I.N \Planning Commission \2010 PC Packets \6 - 21.10 \tpc minutes 6.21- 10.docx Page 8 of 8 11/9/2010 Tigard 2035 TSP City Council Public Hearing October 12, 2010 Continued to November 23, 2010 TSP Adoption C Public hearing held October 12, 2010 C Written & oral public testimony Hearing continued - 1 1 11/9/2010 TSP Adoption Details of the comments and staff findings are provided in packet Staff recommends five amendments _...y. TSP Adoption Recommended Amendments Add a Hall Boulevard bridge replacement project Add clarifying text to Project Maps Add Wash. Square Regional Center Trail p linr 2 11/9/2010 TSP Adoption 0 Recommended Amendments 1. Change "Rail to Trail" to "Tigard Street Trail" Add study related to Tiedeman alignment & RR crossing and Ash Avenue RR crossing opportunities 3 Ctis -'I . .a3•DDlo Hearin g g Procedures — Agenda Item No. 6 Reopen Legislative Hearing — 2035 Transportation System Plan Update Statement by City Attorney Any person may offer relevant oral and/or written testimony. Oral testimony may be offered only by a person who has been asked to speak by the Mayor. Testimony this evening will be limited to those issues raised in the supplemental staff report. Testimony on other issues will not be received tonight, but all testimony received in prior hearings and tonight's hearing will be considered by the council in the deliberation and decision on the Tigard 2035 Transportation System Plan Update. Members of the City Council will be asked whether they have any potential conflicts. A Council member with a potential conflict may participate after fully describing the potential conflict. An actual conflict exists if the decision would result in financial benefit to the Council member or family member. In cases of actual conflict, the Council member will not participate. After the discussion of conflicts, any person may challenge participation of a Council member based on an actual conflict or failure to disclose a potential conflict. The Council member in question may respond to such a challenge. After the discussion of conflicts and any challenges, City staff will summarize the written staff report and identify applicable standards. Then those in favor of the proposed amendments testify. Then those who oppose the amendments or who have questions or concerns testify. Council members may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, the City staff can make a closing statement. After the record is closed, the City Council will deliberate. During deliberations, the City Council may re -open the public portion of the hearing if necessary to receive additional evidence before making a decision. A copy of the rules of procedure for the hearing and copies of agendas for today's hearing are available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available at City Hall. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. Failure to raise an issue clearly enough so that Council understands and can address the issue may preclude raising the issue on appeal. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Demonstrations from the audience that prolong or interfere with the hearing are prohibited. Please refrain from them. Comments from the audience other than from a recognized speaker should not be offered and will not be part of the record. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, please spell your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want the City Council to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder. These exhibits will be marked as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask for the return of your exhibits. 50014 -36799 CA Script Leg LU Hearing 1 123 10. docl C /11 /23/2010 AGENDA ITEM No. 6 Date: November 23, 2010 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: REOPENED FROM OCTOBER 12 2010- LEGISLATIVE PUBLIC HEARING: ADOPT TIGARD 2035 TRANSPORTATION SYSTEM PLAN (CPA2O1O-00001) REQUEST: To amend the current Tigard Comprehensive Plan Goal 12: Transportation and the Tigard Public Facility Plan to incorporate the Tigard 2035 Transportation System Plan. The complete text of the proposed amendment can be viewed on the City's website at http: / /www.tigard- or.gov /code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals 1, 2, 5, 6, 7, 8, 9, 10, 11 ,12, 13, 14, and Special Planning Area: Downtown; the Regional Transportation System Plan; the Oregon Highway Plan; Oregon Administrative Rule 66 -12; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons 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 There is a Five- minute Time Limit on Testimony AGENDA ITEM No. 6 November 23, 2010 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons 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. MIN 3 L1 Nt 6rQ o0 P /515 4) e Ate. An 9 -7071 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item No. 6 — Public Testimony at the November 23, 2010 City Council Meeting Tigard 2035 Transportation System Plan (CPA 2010 - 00001) Brian Dunn Group MacKenzie 1515 SE Water Avenue #100 Portland OR 97214 Brian Wegener Tualatin Riverkeepers 12360 SW Main Street Tigard OR 97223 Phil Grillo 111 SW Fifth Avenue Portland OR 97204 John Frewing 7110 SW Lola Lane Tigard OR 97223 Glenna Thomson 13676 SW Hall Blvd, Unit 2 Tigard, OR 97223 I:A Citywide \Council Packets \Packet '10 \101123 \public testimony - 11 -23 -10 hearing- tsp update.docx l/ y 5 Te -mil A/o. Cv G UP ACKENZIE l /�3 ��� CELEBRATING50YEARS November 23, 2010 City of Tigard Attention: City Council 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Response to Second Supplemental Staff Report and Findings (Tigard 2035 TSP) Project Number 2070334.06 Dear Members of the Council: M At the request of Mr. Fred Fields, Group Mackenzie has prepared this letter to respond to the second supplemental staff report dated November 9, 2010, which addresses requested public a en LL amendments to the City's Draft 2035 Transportation System Plan (CPA2010- 00001). Based 0. E on our review of this report, we have significant concerns regarding staff's response to our m 0 8 requested Amendment 1 (Reestablish Wall Street Extension Project), and Amendment 2 (Show Wall Street Connection with Milton Court). These were two of three alternatives we CD CD • o a asked the City Council to consider in our previous testimony on October 12, 2010 to address > a the street connectivity issue between Wall Street and Mr. Fields' property. m 3 Our specific responses to the supplemental staff report are addressed in the following 0 • m 3 sections of this letter, followed by another request for the City Council to approve and • a implement one of the three actions proposed in our original testimony. - a LO m C � M AMENDMENT 1 — REESTABLISH WALL STREET EXTENSION PROJECT O W � Staff continues to recommend removal of the Wall Street Extension project from the draft a TSP without providing enough technical and/or comparative analysis to warrant dismissal of this project. Staff states there are, "considerable barriers, environmental impacts, and Group associated costs" that make the Wall Street Extension project, "cost prohibitive and Mackenzie, infeasible," but staff does not provide the necessary evidence to measure what these impacts Incorporated and costs would be, both as a standalone project and relative to other possible alternatives. Architecture Interiors Staff contends there is adequate documentation to support the decision to remove the Wall structural Street Extension project, citing additional details provided in Technical Appendices Volume Eng ne rn . 1 (pages 37 -39) and Volume 3, Technical Memorandum 5 (page 73) Volume 3. Technical c ` Eng`r "g Memorandum 5 provides some additional text on project description, but more importantly, Land Use Planning it lists the final rankings of the seven evaluation criteria. They are described as follows: Transportation Planning Landscape 1. Multi -modal mobility: Moderate benefit Architecture 2. System capacity: Moderate benefit Locations: 3. Consistency with plans: Moderate benefit Portland, Oregon 4. Safety: Moderate benefit Seatta, vvasnmgta,; 5. Cost effectiveness: Low or no benefit Vencoever W shtngrnr 6. Environmental Resources: Low or no benefit 7. Environmental Justice: Low or no benefit H:\Proj ects\207033406 \WP\LTR\ 101123 - Response. doc � t 1 City of Tigard Response to Second Supplemental Staff Report and Findings (Tigard 2035 TSP) Project Number 2070334.06 November 23, 2010 Page 2 Based on the rankings above, it appears City staff recommended removing the project because the "moderate benefits" of the first four criteria were not strong enough to counter the "low or no benefits" of the remaining three criteria. Unfortunately, there is no way to tell exactly how the project ranked because the ranking system is subjective and completed on a "qualitative" basis without any assigned "weighting" (see "Evaluation Criteria for Transportation Improvements" on page 8 of Volume 3, Technical Memorandum 5). Based on our review of the rankings for the Wall Street Extension project, we believe the findings for criteria 1) Multi -modal mobility, 2) System capacity, 4) Safety, and 5) Cost- effectiveness should be modified to reflect a significant benefit. The following sections ? describe our reasoning to support our recommendation the City Council reestablish the Wall Street Extension project. 1. Multi Modal Mobility This project would significantly benefit multi -modal mobility on the surrounding transportation system. Extending Wall Street to connect Hall Boulevard with Huntziker Street would significantly improve transportation options for drivers, as well as bicyclists �! and pedestrians. This project would also solve a critical gap in connectivity that is identified not just in the current 2002 TSP, but also in the draft 2010 TSP. 2. System Capacity The Wall Street Extension project would significantly benefit system capacity. Although the draft 2010 TSP does not analyze or quantify the level of capacity enhancement, the current 2002 TSP does provide detailed documentation on the project's potential to facilitate 5,000 to 7,000 vehicles per day of demand (see page 6 of Tigard TSP — Linkages between Hall, Huntziker, and Dartmouth prepared by DKS Associates and dated September 6, 2000). This level of demand is significant. The draft 2010 TSP does not compare the capacity benefits of the Wall Street Extension project with other projects that may be necessary in its place. In our previous testimony, we provided evidence from the current 2002 TSP that the Wall Street Extension project would delay the need to widen both Hall Boulevard and Bonita Road to five lanes beyond the planning horizon. City staff call this evidence an "oversimplification," but we believe it is a reflection of how much capacity it can add to the transportation system. 4. Safety The Wall Street Extension project has the ability to significant improve bicycle and pedestrian safety. The roadway will provide people with a safe route over key barriers such as the P &W freight and WES commuter rail lines, as opposed to Hall Boulevard and Bonita Road, which have at -grade crossings. This roadway will also provide ideal access to the multi -use trail system along Fanno Creek. 5. Cost Effectiveness i I In the draft 2010 TSP, the estimated cost of the Wall Street Extension project is shown to be $15 million. Based on the project description, it appears this cost estimate reflects the need for a grade - separate crossing with the P &W freight and WES commuter rail lines, and that the current street segment and traffic signal adjacent to the public library are in place. The draft TSP also estimates the cost to widen Hall Boulevard from Huntziker Street down to H:\ProjaKs\207033406\WP\LTR \101123- Respoese.doc City of Tigard Response to Second Supplemental Staff Report and Findings (Tigard 2035 TSP) Project Number 2070334.06 November 23, 2010 Page 3 Bonita Road to be approximately $5.25 million, and the cost to widen Bonita Road from 72 Avenue to Hall Boulevard to be $20 million. If the Wall Street Extension project has the ability to delay these two projects, the cost differential between $15 million and $25.25 million is significant. If staff believes this to not be the case, further analysis and comparison of the cost effectiveness of these alternatives are warranted. AMENDMENT 2 — SHOW WALL STREET EXTENSION WITH MILTON CT. City staff contend the draft TSP does not try to address access to individual parcels. This is not true. The draft TSP addresses gaps in local street connectivity, which directly relates to local access to individual parcels. As demonstrated in Figure 4 -2 (Local Road Connectivity) of Technical Memorandum 4, there is a glaring lack of street connectivity across Mr. Fields' property. City staff also contend the City is not obligated to resolve each identified gap in connectivity. We contend this is not true. The connectivity gap involving Mr. Fields' property was identified in the current 2002 TSP and substantially resolved by the inclusion of the Wall Street Extension project. As it stands, the draft 2010 TSP removes the Wall Street Extension project, but does nothing to address the remaining connectivity deficiency, particularly one that potentially involves a Collector street. CONCLUSIONS Based on the information presented in this letter, we believe there is substantial evidence to justify including the Wall Street Extension project in the draft 2010 TSP. If City staff believes this to not be the case, we ask that the City Council continue the hearing until staff can address this issue more thoroughly to ensure a proper and defensible planning process. Again, to rectify Mr. Fields' concerns with future street connectivity between his property and Wall Street, we request the City Council approve and implement one of the three options presented in our prior testimony. Sincerely, . 4 4 210„ : 7 1 , Brian J. Du , P.E. Transportation Engineer H:\Proj ects\207033406 \W P\LTR \101123 - Response. doc AIS -217 Item #: 7. Business Meeting Date: 11/23/2010 Length (in minutes): 20 Minutes Agenda Title: Update on the Tree Grove Preservation Element of the Urban Forestry Code Revision Project Submitted By: Darren Wyss Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Receive an update regarding the tree grove preservation element of the Tigard Urban Forestry Code Revision Project and provide feedback. STAFF RECOMMENDATION / ACTION REQUEST Receive update and provide feedback. KEY FACTS AND INFORMATION SUMMARY In the fall of 2009 Council accepted the City's first Urban Forestry Master Plan (UFMP). A significant emphasis of the Master Plan is guidance on improvements to Tigard's Urban Forestry regulations and programs. The Urban Forestry Code Revisions (UFCR) project was initiated in March 2010 to update Tigard's approach to urban forestry regulations consistent with community expectations. One of the community's top priorities identified during the Master Plan process is preservation of Tigard's remaining native tree groves through a flexible and incentive based program. This is partly in response to a significant decline in tree grove acreage over the past decade. Tigard has contracted with a consulting firm, Winterbrook Planning, to assist with the project. The firm has extensive experience with similar projects, including working with Statewide Planning Goal 5 natural resource regulations and administrative rules. State Goal 5 rules are specific about process and evidence requirements needed to adopt land use regulations intended to protect natural resources. Even though the City's approach to tree grove preservation is proposed to be flexible and incentive based, it must meet the same Goal 5 standards as if a more regulatory approach was intended. The general work program to develop a tree grove preservation program includes: I) existing tree grove /GIS data review; 2) tree grove inventory field work; 3) analysis of allowed /conflicting uses; 4) development of a preservation program. Also, public involvement and information sharing will occur throughout the project. Winterbrook has completed the first two tasks based on direction given by Council at its joint meeting with the Planning Commission on July 20, 2010. The inventory resulted in 70 total tree groves, encompassing 544.1 acres (see attached map), culminating with 663 property owners receiving Goal 5 notice that a portion of an identified tree grove was on their property. Within the notice, property owners were invited to an open house to get more information and provide feedback. The open house took place on October 6, 2010. Based on responses to a comment card, conversations with attendees, and phone calls received by City staff, the support of the community appears to be positive and consistent with the UFMP recommendation of developing a tree grove preservation program. Winterbrook is now working with staff to finalize step 3 of the process and develop a draft preservation program based on this analysis. Both are scheduled to be completed in mid- December. The draft program will be presented to the UFCR Citizen Advisory Committee (CAC) for review at its January and February meetings. In January, concepts such as regulation, recognition, and tax incentives will be discussed, while specific amendments to the Community Development Code will be discussed in February. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS l b. 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Business Meeting Date: 11/23/2010 Length (in minutes): 20 Minutes Agenda Title: Consider a Resolution Authorizing the City Manager to Execute Funding Documents Related to the Acquisition of the Summer Creek Property - Phase 1 Submitted By: Steve Martin Public Works Item Type: Meeting Type: Council Business Meeting - Main ISSUE Shall the Council adopt a resolution authorizing the City Manager to execute all documents related to securing donations and grant funding associated with the acquisition of the Summer Creek Property - Phase 1? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council adopt the resolution. KEY FACTS AND INFORMATION SUMMARY • On March 23, 2010, the Council adopted Resolution No. 10 -15, approving the purchase of the Summer Creek Property. • The City has worked in conjunction with the Trust for Public Lands, an organization which obtained and exclusive option to purchase the property. • The City actively sought donations and grants to fund the $5.33 million property purchase. The current funding package includes: • Clean Water Services donation - $100,000 • Washington County local share funds donation - $400,000 • A Metro Nature in Neighborhoods grant- $1 million • An Oregon Watershed Enhancement Board (OWEB) grant - $1 million • City of Tigard local share funds from the Metro Bond Measure - $873,317 • The donations, grants, and other funding commitments total $3,373,317. The remaining balance, approximately $2 million, can be funded through proceeds from the Tigard parks bond measure. • Funding from the county, Metro, and OWEB is contingent upon the City's successful execution of various documents including intergovernmental agreements, a grant agreement, an easement and a declaration. Other documents and forms may also be required. Therefore, staff is requesting the Council authorize the City Manager to execute all documents related to securing donations and grant funding associated with the acquisition of the Summer Creek Property - Phase 1. OTHER ALTERNATIVES The Council could decide not to authorize the City Manager to sign the agreements and forgo the funding from other agencies. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2010 Tigard City Council Goal No. 3.b.: "Develop land acquisition strategies (potential options to purchase, etc.)" The Summer Creek property is identified as a park possibility in the Tigard Park System Master Plan and was the top land acquisition property identified by the Park and Recreation Advisory Board in 2006. The Council Goal to submit a 2010 parks bond measure to the voters was to secure funding for land acquisition identified in the Park System Master Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION The Council has had many discussions regarding the acquisition of park land and of the Summer Creek Property in particular. On March 23, 2010, the Council adopted Resolution No. 10 -15, approving the purchase of the Summer Creek Property. Fiscal Impact Cost: $5,333,000 Budgeted (yes or no): Yes Where Budgeted (department /program): Parks Capital Fund Additional Fiscal Notes: If the Council approves the resolution, the City Manager will execute various documents resulting in $2.5 million in donations and grants to acquire the Summer Creek Property - Phase 1. The City of Tigard has comitted local share funds from the Metro Bond Measure in the amount of $873,317. The remaining balance, approximately $2 million, can be funded through Parks SDCs as budgeted, proceeds from the Tigard parks bond measure, or a mix of the two. Attachments 1 Resolution Exhibit A - Washington County IGA Exhibit B - Metro IGA Exhibit C - Metro Conservation Easement Exhibit D - OWEB Grant Agreement Exhibit E - OWEB Declaration CWS Letter of Commitment AgendaQuick©2005 - 2010 Destiny Software Inc., All Rights Reserved C : Stitt. M CleanWater Services RECEIVED Our commitment is clear. NOV 0 2 2010 Public Works Admin. November 1, 2010 Dennis Koellermeir Public Works Director City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Koellermeir: On April 2, 2009 Clean Water Services Board of directors authorized the expenditure of $100,000 toward the purchase of the Summer Creek Property (see attached map) in Tigard, Oregon. Clean Water Services continues to support the purchase of this property and is prepared to deposit these funds into an escrow account designated for this purpose. I congratulate the City of Tigard on their efforts and look forward to working with you to complete the purchase of the Summer Creek Property. Please forward escrow account information when it becomes available. Sin - e ., , � ru Deputy •1 Manager Clean Water Services Enclosure • 2550 SW Hillsboro Highway Hillsboro, Oregon 97123 Phone: (503) 681 -3600 Fax: (503) 681 -3603 www.CleanWaterServices.org City of Tigard, Oregon Affidavit of Posting T I GARD In the Matter of the Proposed Ordinance(s) j � / (c) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, 7 / k• cc-, being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) / l/ 8 , which were adopted at the City Council meeting of 1/ _ 3-/O , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the S f - day of /Dit 4VL4 C. , 20 � a 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon a4 Signature of Person who Perfo ed Posting Subscribed and sworn (or affirmed) before me this n day of , 20 / 0 . i t? OFFICIAL SEAL - '` CATHERINE D WHEATLEY Signature of Notary Public for Oregon NOT ARY PUBLIC- ORE(i0N L COMMISSION NO. 419237 MY COMMISSION EXPIRES AUG. 04, 2011 hadnacathy Y.am. oM ordinance 2006.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10- / S AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2010 -00001 TO AMEND THE CURRENT TIGARD COMPREHENSIVE PLAN GOAL 12: TRANSPORTATION AND THE TIGARD PUBLIC FACILITY PLAN TO INCORPORATE THE TIGARD 2035 TRANSPORTATION SYSTEM PLAN) As ,4 foL) , WHEREAS, Oregon Administrative Rule 660 Division 12 requires cities with a population over 10,000 to have a transportation system plan; and WHEREAS, cities are required to update their transportation system plan, 1) to reflect changes in an updated comprehensive plan, 2) if the existing plan has a forecast year less than 15 years into the future, or 3) within one year of adoption of the Regional Transportation Plan; and WHEREAS, the City of Tigard is under State Periodic Review order and the work program includes an update of the Tigard Transportation System Plan; and WHEREAS, the Tigard City Council directed staff to complete an update of the Tigard Transportation System Plan to comply with Oregon Administrative Rule 660 Division 12 and the Regional Transportation Plan; and WHEREAS, the City of Tigard was awarded grant monies from the Oregon Transportation and Growth Management Program to fund the Tigard Transportation System Plan update, which required the inclusion of specific elements; and WHEREAS, the updated Tigard 2035 Transportation System Plan Volume I contains goals and policies and updated Policy /Regulatory Elements that are consistent with the Regional Transportation Plan; and WHEREAS, the Policy /Regulatory Elements in the updated Tigard 2035 Transportation System Plan Volume I outline a specific framework for regulatory implementation through the Tigard Municipal Code Title 18: Community Development Code; and WHEREAS, the updated Tigard 2035 Transportation System Plan Volumes II and III contain background information and data used to inform Volume I and were available to the public for review throughout the process; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan by updating Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 12 and updating the transportation element of the Tigard Public Facility Plan; and WHEREAS, the Tigard Planning Commission held a public hearing, which was noticed in accordance with City standards, on June 21, 2010, and recommended approval of the proposed CPA 2010 -00001 by motion and with unanimous vote in support; and ORDINANCE No. 10- Page 1 WHEREAS, on October 12, 2010, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2010- 00001, and at this meeting Council received public testimony, closed the public hearing, and continued its deliberations to November 23, 2010; and WHEREAS, on November 23, 2010, the Tigard City Council held a public meeting to deliberate on CPA2010 -00001 and apply applicable decision - making criteria; and WHEREAS, on November 23, 2010, the Tigard City Council adopted CPA 2010 -00001 by motion, as amended pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2010 -00001 was based on the findings and conclusions found in Exhibit "C" and the associated land use record which is incorporated herein by reference and is contained in land use file CPA 2010 - 00001. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council adopts the Tigard 2035 Transportation System Plan (Exhibit "A" with amendments) as the transportation element of both the Tigard Comprehensive Plan and the Tigard Public Facility Plan. SECTION 2: The Policy /Regulatory Elements section of the Tigard 2035 Transportation System Plan constitutes the regulatory implementation of these components through the Tigard Municipal Code Title 18: Community Development Code. • SECTION 3: Tigard Comprehensive Plan is amended to include new text and rescind existing text as shown in Exhibit `B ". SECTION 4: Tigard City Council adopts the findings and conclusions contained in Exhibit "C" in support of the Council's action and to be the legislative basis for this ordinance. SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By rn Q /D Y'/ % y vote of all Council members present after being read by number and title only, thiscD3r'diay of /\-f/01/-e.n , 2010. Catherine Wheatley, City Recorder ORDINANCE No. 10- l Page 2 r r � APPROVED: By Tigard City Council this 2 day of - , 2010. c--- ■•■• _ANS 1%0 Cr% * g Dirksen, Mayor N /C / /: /S u .7 6 pros 4- Approved as to form: C I Fney . AIby. 3 a() / ORDINANCE No. 10- 1 b Page 3