City Council Packet - 07/12/2005
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
July 12, 2005
COUNCIL MEETING WILL BE TELEVISED
I: \Ofs\D o n n a's\C cp kt l
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
Agenda Item No. 3e
For Agenda of August 9, 2005
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
JULY 12, 2005
Mayor Dirksen called the meeting to order at 6:30 p.m.
City Council Present:, Mayor. Dirksen and Councilors Harding, Sherwood, Wilson
-and Woodruff. Also present: Youth Advisory Council President Williams.
• EXECUTIVE SESSION: The Tigard City Council went into.Executive Session
at 6:30 p.m. to consider employment of a public officer and to evaluate the
employment-related performance of the chief executive officer under ORS
192.660(2)(a)(i).
Executive Session concluded at 6:45 p.m.
> ADMINISTRATIVE ITEMS
• City Council reviewed the procedure for the Quasi-Judicial Public Hearing of the
Appeal of the Conditional Use Permit for the Tigard First Baptist Church
Expansion. The applicant submitted a request for additional time; this request is
on file in the City Recorder's office. The City Council will open the hearing and
continue, it to July 26, 20057
• Additional information was submitted by Public Works' Staff for the Public
Hearing on Solid Waste Rates -Agenda Item 'No. 5. The information should be
attached as Page 2 of Exhibit A to the proposed resolution..
• The proposed resolution for park and greenway land acquisition guidelines will
be pulled from tonight's agenda (Agenda Item No. 6)
• Discussion on Strategic Planning Retreat'- After discussion, the tentative date
for the City Council Strategic Planning Retreat was set for September 30, 2005: •
• Washington County Issue Papers - Washington County staff is scheduled to
brief Council on August 16, 2005.
• Fifth Tuesday - The next meeting day is August 30, 2005. City Council asked
that the meeting location be changed from the.Library Community Room to the
Water Auditorium.
• Council received comparison information on Garbage Franchise Fees - 60
Oregon Cities..
COUNCIL MINUTES - JULY 12, 2005 page 1
• Council Calendar:
o July 19 Council Workshop Meeting -.6:30 p.m. - Town Hall
o July 26 Council Business Meeting - 6:30 p.m. - Town Hall
o August 9 Council Business Meeting - 6:30 p.m. - Town Hall
o August 16 Council Workshop Meeting -.6:30 p.m. -Town. Hall
o August 23 Council Business Meeting - 6:30 p.m. =Town Hall
o August 30 . 5th Tuesday Council Meeting'-'7-9 p.m. = Water Auditorium
Study Session Recessed at 6:58 p.m.
EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at '7:09 p.m. to consider employment of a public officer under
ORS 1.92.660(2)(a).
Executive Session concluded at 7:20 p.m.
1. BUSINESS. MEETING
1.1 Mayor Dirksen called the, meeting to order at 7:34 p.m.
1.2 Council Present:. Mayor Dirksen; Councilors Harding, Sherwood,
Wilson, and Woodruff. Also present: Youth Advisory Council
President Williams.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports:, None
1.5 ' Call to Council and Staff for Non-Agenda Items
Assistant to the City Manager Newton,i.ntroduced new City of Tigard
employee Bob Roth, Volunteer Specialist. Mr. Roth addressed the
City Council referring to his hope to diversify and enhance the City's
volunteer program.
2. CITIZEN COMMUNICATION
■ Mayor Dirksen advised that Agenda Item No. 6 Consider a Resolution
Setting Forth Land Acquisition Guidelines to be Considered by Council
When Acquiring Parks and Greenway Properties will not be considered
tonight.
■ Bob Storer, 7225 SW Ventura Drive, Tigard, OR 97223 said he was not
supportive of where the process is going on the park and greenway
acquisition guidelines. He referenced Oregon law with regard to SDC
funds being used to purchase land outside the city limits. Mr. Storer said
the law does not prohibit using these funds within city limits. He said he
believed the guidelines were slanted toward development and would like
to see a balance. He urged the ..City Council to get involved. He was
concerned the matter was over-simplified and this could lead to some
bad decisions. The proposed guidelines do not represent what was
COUNCIL MINUTES -JULY 12, 2005 page 2
indicated by the public survey. He recommended a more
comprehensive review. , -
Councilor Woodruff said Mr.' Storer's comments are reasonable. He
acknowledged the work done to date by the Park and Recreation Board
(PRAB). The PRAB will ,review this matter again on July 18, 2005. '
Mr. Storer suggested the following. categories be established to assist
with discussion on priority setting:
~1. -Donated land
.2. Park and recreation .facilities
3. Greenway and natural resources
• John Frewing, 7110 SW .Lola- Lane,- Tigard, OR 97223. commented on
the process for developing' guidelines to determine how to consider park
and greenway acquisitions. He said the guidelines, in the proposed
resolution contain "terrible" definitions. He recommended that staff
define categories. Other issues noted by Mr. Frewing included:
- Questionable policy of allowing SDC credit to developers
- Resolution appears to be directed toward developers for acquisition
evaluation
Noted agreement,with Mr: Storer regarding the review categories
Scope of the proposed resolution is not clear
Resolution is slanted toward developed parks
Criteria listed in the resolution is subjective
Mr. Frewing said PRAB needed to review this matter more.
Councilor Wilson advised that the matrix presented was to be used to
help make informed decisions when opportunities come up for
acquisition of-property for parks or greenway..
Councilor Woodruff thanked` the citizens and PRAB for their efforts. He
noted this work is "new territory" and he appreciated the extra review by
PRAB.
• Gretchen Buehner, 13249 SW 13.6th Place, Tigard, OR 97223; advised
that park land and donations had been discussed during review of the
Planned Developments. Park.land is needed on Bull Mountain. She
noted concerns about the influence of special interest and referenced the
pressure being placed on the PRAB. She also noted open space needs .
for.the southern and western areas of Tigard. '
COUNCIL MINUTES -JULY' 12, 2005 page 3
Councilor Woodruff noted this process, has been an open one with
regard to participation; however, not everyone will get what they want. 4
■ Interim City. Manager Prosser presented a follow-up report to the June-
23, 2005 citizen communications: _
Alice.Ellis Gaut noted concerns with a proposed parking lot adjacent
to the shelter located near the library. City Council decided riot to go"
forward with the parking lot.
Pavel Goberman noted concerns about the size of sign used by Raz
Transportation at, Pacific Highway. Staff looked into this matter and
the sign is smaller than what the Sign Code allows; therefore, Raz
could apply for a,larger sign if desired: .
- Michael A. Smith had explained his issues regarding the City's
requirements relating to property he was marketing for clients at
11990 SW 72nd Avenue. Staff has been working toward resolutions
of these issues. Requirements for development are the responsibility
of the buyer.
- Gretchen Buehner requested education efforts be made to explain to
the public how SDC funds can be used. Interim Finance Director.
Imdieke is preparing an article for the September Cityscape.
Youth Advisory Council President Williams noted the following Consent Agenda
Items presented for the City Council's review:
3. CONSENT'AGENDA
3.1 Approve Council Minutes for May 24, and June 14, 2005
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Authorize the Interim' City Manager to Relinquish ,a Public Slope
Easement along SW 68th Parkway.
3:4 Local Contract Review Board:
a. Approve the Purchase of Ten Police Vehicles Under State
Contract
Motion by Councilor Wilson, seconded by .Councilor Sherwood, to approve
the Consent Agenda as presented.
The motion was approved..by a, unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor- Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes '
COUNCIL MINUTES -JULY 12, .2005 page 4
4. PUBLIC HEARING (QUASI-JUDICIAL) -APPEAL OF CONDITIONAL USE
'PERMIT:FOR THE TIGARD FIRST BAPTIST CHURCH EXPANSION
ITEM ON APPEAL: On April 25t", 2005 the Tigard Hearing's Officer held a'.'.
public hearing to 'corisider an application for. conditional use approval to
construct a {22,500 square foot expansion of, the* existing church and
associated parking in three phases. 'As part of 'Phase 2, the applicant
proposed to relocate the existing driveway„ on SW Gaarde Street. , The
Hearing Officer adopted findings approving the Conditional Use Permit and
Sensitive Lands Reviews and denied. the' requested Adjustment. to the
access spacing standards. An appeal * was. filed on May 25, 2005 by the.;
owner and applicant, on' the basis. that ahe Hearing's Officer misconstrued
the applicable law. More specifically, the appellant's argue that-the Hearing
Officer's decision failed to balance the.approval criteria.
LOCATION:. 11075 SW Gaarde Street; WCTM 2S103DC, Tax- Lot 1100.
ZONE:- R=3.5: Low-Density Residential-District.',.
REVIEW CRITERIA BEING APPEALED:. Community Development Code
Chapters 18.370'and 18.705.
a.. Mayor. Dirksen opened the public,hearing.
b. Associate ' Planner Tracy advised the-: appellant requested
postponement of the. hearing -'to alloW time to prepare additional
arguments.
' c..r Motion by. Councilor Sherwood, seconded by Councilor Woodruff, to
continue the quasi-judicial, public 'hearing for the. Appeal of a
Conditional Use .Permit for the Tigard First Baptist.Church Expansion
to July 26, 2005.
The motion was approved by a unanimous vote of Council present: '
.Mayor Dirksen: : Yes'
Councilor Harding: :Yes
Councilor. Sherwood: Yes
Councilor Wilson: :Yes
Councilor Woodruff • Yes
5'. PUBLIC HEARING -SOLID WASTE RATE ADJ,USTMENT
a. Mayor Dirksen.opened the public hearing.
b. Public Works Director 'Koellermeier presented the staff report and
explained the proposed :adjustments to. the solid waste rates'.
COUNCIL 'MINUTES.-JULY.12,"2005 page 5
1. The. haulers rate of return was 7.9 percent and, the franchise
agreements provide that when the annual rate of return falls
below 8.5%, a range adjustment is automatically triggered. .
2. Staff and haulers propose a. program, change to cart recycling.
The new system would provide new 90-gallon roller carts for
residents. All recycled 'materials can be deposited in the cart
except for glass and motor oil. Benefits of the new cart recycling
program were reviewed.
3. Staff recommends an.increase in the franchise fee from 3% to
4%. The.funds from this fee will be used to pay for Metro-directed
programs and to offer programs to Tigard residents such as.
neighborhood clean ups and landscape enhancements.
Public Works Director Koellermeier reviewed information distributed
to the City Council regarding the rate of garbage franchise fees
charged by 60 cities in Oregon'. At 4%, Tigard would be about in the
middle of the range of the rates charged by these 60 cities.
A summary of the proposed solid waste rate changes follows:
1.' Adjustment to solid waste rates to provide a 10% aggregate rate
of return on gross revenues to be effective August 1, 2005.
2. Adjustment to recycling rates and implementation of the new cart
system to be effective January 1,, 2006.
3. The 4% franchise fee to be effective January 1, 2006.
C. Council discussion:
Councilor Woodruff said he supported the proposed changes., He
noted the rates have not been raised since 2001. In addition,
services for customers will be enhanced. He said he would like to
see a future discussion on* the profit margin set forth in the franchise
agreement to determine whether the, margin is fair.
d. Public Testimony:
John. Frewing, 7110 SW Lola Lane, Tigard, OR' 97223,
questioned the 90-gallon recycling cart and asked for the;
justification fora cart of this size. He noted the cart would be
unattractive and the difficulty some. customers might have with
moving a cart this large.
COUNCIL MINUTES'-'JULY 12, 2005 page 6
F '
Discussion followed. In 2001, the City Council decided that
the fees charged for solid waste collection would be based on
a direct cost of service.. At that time, commercial rates
collected were offsetting costs for residential services. With
regard to the size of the recycling cart; Public Works Director
Koellermeier advised that the 907gallon cart has worked well in
other communities. Smaller carts can be provided.
Councilor Wilson asked if bulky-item pick up service was
addressed. Public Works Director Koellermeier said special
pick-ups are available. Staff will explore whether a bulky-item
drop off day(s) can be offered to residents, similar to the fall
leaf drop-off program.
Councilor Harding supported offering a service for collection of
bulky items. She said she also.supported using some funds to
help with neighborhood clean-up programs.
Gretchen Buehner, 13249 SW 136t" Place, Tigard, OR 97223,
said she agreed with Mr. Frewing about concerns with a large
recycling cart. 'She suggested the haulers be proactive and let
customers know at the beginning of the' program that there is
an option to use a smaller cart.
e. Public Works Director Koellermeier recommended the City
Council approve the proposed resolution.
Youth Advisory Council President Williams asked how glass
could be recycled. Public Works Director Koellermeier
advised the plan is for people to use the smaller container now
being used, for recycled materials for glass. Glass will be
picked up periodically (not every week).
f. Mayor Dirksen closed the public hearing.
g. Council Consideration:
Motion by'Councilor Wilson; seconded by Councilor Sherwood, to
adopt Resolution No. 05-46
RESOLUTION NO. 05-46 - A RESOLUTION ADJUSTING SOLID
WASTE RATES' DUE TO CHANGES IN THE SOLID WASTE
INDUSTRY, IMPLEMENTING NEW RECYCLING PROGRAMS,
AND ADJUSTING THE FRANCHISE FEE TO 4% OF ANNUAL
GROSS REVENUES
COUNCIL MINUTES - JULY-12,2005 page 7
r
The motion was approved by a unanimous vote of Council, present:
Mayor Dirksen: Yes
Councilor Harding: Yes '
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
6. CONSIDER A RESOLUTION SETTING FORTH LAND ACQUISITION
GUIDELINES TO BE CONSIDERED BY COUNCIL WHEN ACQUIRING
PARKS AND GREENWAY PROPERTIES
Motion by CouncilorWilson, seconded by Councilor Sherwood, to carry this
agenda item forward to a future date.
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen; Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
.Councilor Wilson:. Yes
Councilor Woodruff Yes
7. CONSIDER A RESOLUTION TO ESTABLISH A FINANCIAL STRATEGY
TASK FORCE AND APPOINT MEMBERS
a. Interim City Manager Prosser presented the staff report for this.
agenda item. The citizen-based Financial Strategy Task Force will
Work to prepare recommendations for City Council to consider
measures to improve the City's financial condition. Potential deficits
are forecast within the next four to five years.
The Task Force will consist of the citizen members of the ' Budget
Committee, members of the Committee for Citizen Involvement, a
representative from the Downtown Task Force, and .a representative
from the Transportation Financing Strategies Ta'sk' Force. The
proposed resolution outlines the. charge of the Task Force, which
includes evaluating City program service levels, looking. at ways for
the City to deliver services in. 'a more cost-efficient or cost-effective
manner, and identify potential new revenue sources such as the City
charging fees-for service to. those citizens'that live outside the City
boundaries. The Task Force will also review the option of asking the
Tigard voters to approve a Local Option Tax Levy. It is expected that
the Task will report back to the City Council by December 31, 2005.
In response to a question from Councilor Woodruff, Interim City
Manager Prosser advised that it is anticipated the Task Force will
COUNCIL MINUTES= JULY 12, 2005 page 8
have one or two meetings. There will be public notices for these
meetings. Comments may also be forwarded directly to Interim
Finance Director Imdieke.
b. Council members supported the formation of this Task Force in order
to look at the overall financial situation of the City and to solicit ideas
from the public. Councilor Woodruff suggested an article be placed in
the September Cityscape.to inform the City residents about the Task
Force and solicit comments.
Mayor Dirksen noted that the course the city is, on is not sustainable -
the City will have to do something different and what's to be done
must be based on what citizens suggest.
C. Motion, by Councilor Woodruff, seconded by Councilor Harding. to
adopt Resolution No. 05-45.
A member of the audience - Roger Potthoff, 11710 SW Ann Street,
Tigard, OR asked if the proposed resolution provides for staff time to
assist the Task Force. Interim City Manager Prosser responded that
the Finance staff will be involved. In addition, it's possible that a
student, intern could assist. Councilor Wilson added he would hope
the Task . Force, is provided with adequate research resources -
technical and legal.
RESOLUTION NO. 05-48 - A RESOLUTION TO ESTABLISH THE
FINANCIAL STRATEGY TASK FORCE AND APPOINT. MEMBERS
TO THE TASK FORCE
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen:, Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson:. Yes
Councilor Woodruff Yes
8. DISCUSSION OF,BRAN DING/GRAPHIC IDENTITY
a. Assistant to the City Manager Newton introduced this agenda item.
b. Consultant Marcusen and City. Council reviewed an audit of existing
print materials and, the signage and identities of other cities. A
PowerPoint•presentation was utilized during the discussion; a copy is
on file in the City Recorder's office. The presentation illustrated logos
COUNCIL MINUTES -JULY 12, 2005 page 9
and. seals used by other cities. During the review, Mr. Marcusen
pointed out some of the common elements of the designs..
In response to Councilor Woodruff, who noted that the Council'was
looking for something more significant than a logo, Mr. Marcusen
agreed that branding is, more of an identity or an embodiment of a
City's. personality.. He referred to building,equity in the City's symbol.
Following are some-of the comments during the discussion as~ City
Council and Mr. Marcusen worked through ideas:
■ Traditional seals -.many of those cities are older (150 years)
whereas.. Tigard was incorporated in 1961.
■ Intrigued by the skill of developers for their creative names and
logos, which create an image and a sense of place.
■ Don't try to put too much, however, into the logo. Convey an
image. The image could be "aspirational."
■ The logo could represent a concept or a symbol. People bring
meaning to it with the. rationale behind it.
■ Sir-6plicity is being assaulted; looking for'"fresh air." Many of
the symbols in the logos are fairly fussy.
Assess what is germane to Tigard: "This is what Tigard is for
us."
Don't make. a past that wasn't there; or, a history can
sometime be created and this can be effective.
Clean type faces.
■ Keep logo simple; develop a more detailed watermark.
■ Reviewed. the brainstorming ideas developed by the Vision.
Task Force..
■ Ideas: appreciation of nature, motion (transit, . commerce),
energetic lifestyle, family friendly, Fanno Creek (plans to focus
on this more in the future), destination, a place to rest, home,
sense of community. Again, a place to call home, as opposed
to a geographic place.
■ Mr. Marcusen noted the above ideas are good inspirations for .
design (community, family friendly), but .-suggested the
conveyance might lead to complexity., Mayor Dirksen
suggested use-of-a tag line; i.e., family friendly, or.a place to
guideline. The statement could also be used as a guideline for
decision making.
Remember inclusiveness when defining "family."
■ Maintain an open mind as this. collaboration moves forward to
develop symbols. Sometimes photographic. images can
support and reinforce an identity. .
■ Discussed. how to say family friendly without literally saying.
For example, the logo for Spain looks .as if a child drew it -
"approachable."
COUNCIL MINUTES = JULY 12, 2005 page 10
■ There. are all types of family structures, but Tigard is home.
"Home images" - developers are good at doing this.
■ Trails ...this is the way home.
■ 'Mr. Marcusen advised. that at the. next meeting he will bring
in more symbols for the City. Council to view including some.
international design examples. He noted many are multi-
colored, which would be. expensive to reproduce.
■ Urban village - architecture in a stylized form. .
■ Downtown efforts:. preserve and recapture style of older brick
buildings, 1890's to 1920's. There has been no discussion yet
on design standards for Downtown.
■ . Ties with the school system, a sense of community, Family "
'Day, a strong sense of family, community values.
■ A differentiator for Tigard might be creeks. Values might be
difficult to transfer. to a symbol, but could use a tag line or
develop a motto.
■ Tigard's current logo is the.only one that is triangular.
■ Many things cumulatively support the vision of the City - the
symbol sets the tone.
Mr.. Marcusen will review the ideas discussed, tonight. The Council will
continue its review on this matter at its July 19, 2005, workshop meeting.
9. COUNCIL LIAISON REPORTS: None
10. NON AGENDA ITEMS: None
11. EXECUTIVE SESSION: The. Tigard City Council went into. Executive
Session,at 6:30.p,m, to evaluate the employment-related performance of
the chief executive officer under ORS 192.660(2)(i)
12. ADJOURNMENT: 10:10 p.m.
Catherine Wheatley; City Record
Attest:
Mayor • C'ty of Tigard
Date: ~-L
i:1edmtoethyWem\2005t0507 doe
COUNCIL .MINUTES - JULY. 12, 2005 page 11
TIGARD CITY COUNCIL
MEETING
JULY 12, 2005 6:30 p.m. CITY OF TIGARD
OREGON
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
PUBLIC-NOTICE:.
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Citizen Communication items are asked to be two minutes or less. Longer matters can
be set for a future•Agenda by contacting. either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 p.m.
Assistive Listening Devices. are available, for persons with impaired hearing and should be
scheduled for Council_ meetings by noon on the Monday prior to the Council meeting.
Please, call 503-639-41711 ext. 2410 (voice) or 503-684-2772 (TDD -
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech 'or hearing impairments;
and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting by calling: 503-639-4171,, ext. 2410 (voice) or 503-
684-2772 (TDD - Telecommunications Devices for.the Deaf).
SEE ATTACHED AGENDA.
COUNCIL AGENDA -:JULY 12, 2005 page 1
AGENDA n
TIGARD CITY COUNCIL. MEETING
6:30 PM
• STUDY SESSION
• EXECUTIVE SESSION: The Tigard City Council 'will go into Executive' Session to
consider employment of a public officer and to evaluate the : employment-related
performance of the chief executive officer under ORS 1, 92.660(2)(a)(1). All.
discussions, are confidential and those 'present may" disclose nothing from the Session.
Representatives of, the news media are allowed to' attend. Executive Sessions, as
provided by ORS 192.660(4),' but must not disclose.any information discussed. No
'Executive Session may be held for the purpose of taking any final action or making any
final. decision. Executive Sessions are closed to the public.
7:30 PM
1. BUSINESS MEETING ,
1.1 Call to Order - City Council 81 Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance:
1':4 Council Communications 8t Liaison Reports
1.5•: Call„to Council and Staff for. Non-Agenda. Items
7:35 PM ;
2.. CITIZEN COMMUNICATION (Two Minutes or Less,' Please)
ford e roa Chamber- of C erce-Represen at+ve-Chamber,;confirmed on July
12 that there will be no representative at tonight's meeting. President Pam Brown '
and Executive Director Jeremy Mohlux plan to attend the August 26, 2005, City
Council meeting.
■ Follow-up to Previous Citizen. Communication
Review items, for the benefit of, the public, 'that.are on the Consent Agenda:
7:40 PM
3: CONSENT AGENDA: These "Items" ''are" considered to be. routine, and may be
enacted in one motion without separate discussion:.: Anyone may request that an item
be removed by motion for discussion and separate action':,', Motion to: .
3.1 Approve "Council. Minutes for May 24, and June ,14, 2005
3.2 Receive and File:
COUNCIL AGENDA = JULY. 1'21 2005 page 2
a. Council -Calendar
b. Tentative Agenda
3.3 Authorize the.'Interim City' Manager to Relinquish a Public Slope Easement
along SW 68' Parkway.
3.4 Local Contract Review Board:
a. Approve.the Purchase of Ten Police-Vehicles,-Under State Contract .
• 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 has - voted on those items which do not need
discussion.
NOTE: THE FOLLOWING HEARING WILL BE OPENED AND CONTINUED TO A DATE
CERTAIN = JULY 26, 2005. READ THE. TITLE. AND DESCRIPTION. CITY ATTORNEY
MAY REVIEW -RULES OF'PROCEDURE FOR A QUASI-JUDICIAL HEARING. HEARING
SHOULD BE CONTINUED BYA MOTION. SEE BELOW
. 7:45 PM
4. PUBLIC HEARING (QUASI-JUDICIAL): - APPEAL OF CONDITIONAL USE
PERMIT FOR THE TIGARD FIRST BAPTIST CHURCH EXPANSION
ITEM ON APPEAL: On'April 25`'', 2005 the Tigard Hearing's Officer held a
public hearing to consider an application for conditional use approval to construct a
22,500 square foot expansion of the existing church and associated parking in three
phases. As part of Phase 2, the applicant proposed to relocate the existing driveway
on SW Gaarde Street. The Hearing Officer, adopted findings approving the
Conditional Use Permit and Sensitive- Lands `Reviews and denied the requested
Adjustment to the access spacing standards.. An appeal was filed on May 25, 2005
by the owner and applicant,, on the basis that the Hearing's Officer misconstrued the
applicable law. More specifically,` the appellant's' argue 'that the Hearing Officer's
decision failed to balance the approval criteria.
LOCATION: .11075 SW Gaarde Street; WCTM 2S 103DC, Tax Lot 1100.
ZONE: R-3.5: Low-Density Residential District.
REVIEW CRITERIA,BEING"APPEALED: Community Development Code Chapters
18.370 and 18.705.
a. Open Public Hearing - Mayor Dirksen
b. City Attorney might'take this opportunity to Review the Rules of a Quasi-
Judicial Land Use Hearing,
c. Motion: To continue the quasi-judicial public hearing for the. Appeal of a
Conditional Use Permit for the Tigard :First Baptist Church Expansion to July
26, 2005.
COUNCIL AGENDA JULY 12,.2005 page 3
7:50 PM
5. PUBLIC HEARING:= SOLID WASTE RATE ADJUSTMENT
a. 'Open Public Hearing
b. Staff Report: Public Works Staff
C. Public Testimony
d. Staff Recommendation
"e. Council Discussion
f. Close Public Hearing
g. Council Consideration: Resolution No! 05 46
Councilor: 1 move for adoption of the proposed Resolution 05-
Councilor: 1 'second the motion.
Mayor: Will the City Recorder please.-read 'the number .and title of the Resolution. „
City•Recorder: (Reads as- requested)
RESOLUTION NO. 05-46 - A RESOLUTION ADJUSTING SOLID. WASTE RATES DUE TO
CHANGES IN THE SOLID WASTE INDUSTRY, IMPLEMENTING NEW RECYCLING
PROGRAMS, AND ADJUSTING THE FRANCHISE FEE TO 4% OF ANNUAL GROSS
REVENUES
Mayor: Is there any discussion?
Mayor
(after discussion): All of those in favor of adopting Resolution No. 05- please say "aye. " .
Mayor/Councilors:
Mayor: All of those opposed to adopting Resolution No. 05- . ; please say "nay.
Mayor/Councilors:
Mayor: Resolution No. 05- (is adopted or fails) by a (unanimous, or however
votes were split), vote.
Tie votes =failure to pass
COUNCIL AGENDA - JULY 1.2i 2005 page .4
8:05 PM
6. CONSIDER A RESOLUTION SETTING FORTH LAND ACQUISITION
GUIDELINES TO BE CONSIDERED BY COUNCIL WHEN ACQUIRING PARKS
AND GREENWAY PROPERTIES
a. Staff. Report: Public Works Staff
b. Council Discussion
C. Council Consideration: Resolution No. 05 - 47
Councilor: 1 move for adoption of the proposed Resolution 05-
Councilor: I second the motion.
Mayor: 'Will the City Recorder please. read the number and title of the Resolution.
City Recorder:. (Reads as requested.)
RESOLUTION 05-47 - A' RESOLUTION ADOPTING GUIDELINES TO USE IN THE
EVALUATION OF THE LOCATION AND ACQUISITION OF PARK AND, GREENWAY
PROPERTIES
Mayor: Is there any discussion?
Mayor,
(after discussion)'. All of those in favor of adopting Resolution No. 05- please say "aye. "
Mayor/Councilors:
Mayor: All of those opposed to adopting Resolution No. 05- please say "nay. "
Mayor/Councilors:
Mayor: Resolution No. 05- (is', adopted or fails) by a (unanimous, or however
votes were split) vote.
Tie votes failure to pass
8:20 PM
7.. CONSIDER A RESOLUTION TO ESTABLISH A FINANCIAL STRATEGY TASK
FORCE AND APPOINT MEMBERS
a. Staff Report: Finance Staff.
b. Council Discussion
c. Council Consideration: Resolution No. 05 - 48
COUNCIL AGENDA - JULY 121,2005- page 5
Councilor: I move for adoption of the, proposed Resolution 05-
Councilor: 1 second the motion.
Mayor: Will the City Recorder please read the number and title of the Resolution.
City Recorder: (Reads as requested.)
RESOLUTION NO. 05-48 - A RESOLUTION TO ESTABLISH THE FINANCIAL STRATEGY
TASK FORCE AND APPOINT MEMBERS TO THE TASK FORCE
Mayor.: Is there any discussion?
Mayor
(after discussion): All of those in favor of adopting Resolution No. 05- please say "aye. "
Mayor/Councilors:
Mayor; All of those opposed to adopting Resolution No. 057 please say "nay.
Mayor/Councilors:
Mayor: Resolution No. 05- (is adopted or fails) by a (unanimous, or however
votes were split) vote.
Tie votes =failure to pass
8:35 PM
8. DISCUSSION OF BRANDING/GRAPHIC IDENTITY
a. Staff Report: Administration Staff
b. Council Discussion
9. COUNCIL LIAISON REPORTS
10. 'NON AGENDA ITEMS
COUNCIL'AGENDA -JULY 12, 2005 page 6.
11. EXECUTIVE SESSION:The Tigard City:Council may go into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced identifying the applicable statute. All discussions are. confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by,'ORS .1,92:660(4),
but must not disclose any information discussed:.No Executive. Session may be held.
for the purpose of taking any final action ormaking any final decision. Executive
Sessions are closed to the public:
10 PM
12. ADJOURNMENT
COUNCIL AGENDA -JULY 12, 2005. page 7
t,
A G E N.D.A
TIGARD CITY COUNCIL BUSINESS MEETING
July 12, 2005 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to consider
employment of a public officer and to evaluate the employment-related performance of the
chief executive officer under ORS 192.660(2)(a)(i). 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 Eby 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.
> ADMINISTRATIVE ITEMS
• Procedural check - Set over'to a date certain the Quasi-Judicial Public Hearing of the Appeal
of the Conditional Use Permit for the Tigard First Baptist Church Expansion. (See attached
request for. set over.)
> Read title and item on appeal description.
> Determine if the City Attorney will read the' rules of procedure for a quasi-judicial
hearing.
> Set over the hearing to July 26, 2005, by motion and voice vote.
• Additional information submitted by Public Works Staff for the, Public Hearing on Solid Waste
Rates - Agenda Item No. 5. The information attached is Page 2 of Exhibit A.
• Discussion on Strategic Planning Retreat
• Council Calendar:
o July 19 Council Workshop Meeting - 6:30 p.m. - Town Hall
o July 26 Council Business Meeting - 6:30 p.m. - Town Hall
o' August 9 Council Business.Meeting - 6:30 p.m. -Town Hall
o August 16 Council Workshop Meeting 6:30 p.m: - Town Hall
o August 23 Council Business Meeting - 6:30 p.m. -.Town Hall
o August 30 5`n Tuesday Council Meeting - 7-9 p.m. - Library Community Room
Executive. Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in
certain limited situations (ORS 192.660). An "executive session" is defined as
"any meeting or part of a meeting of a governing body, which is closed to certain
persons for deliberation on certain matters."
Permissible Purposes for Executive Sessions:
192.660 (2) (a) - Employment of public officers, employees and agents,
if the body has satisfied certain prerequisites.
192.660 (2) (b) - Discipline of public officers and employees (unless affected
person, ~ requests to have an open hearing). .
192.660. (2) (c) - To consider matters pertaining to medical staff of a public
hospital.
192.660 (2) (d) - Labor negotiations. (News media. can be excluded in. this
instance.)
192.660 (2) (e) - Real property transaction negotiations.
192.660 (2) (f) - Exempt public records to.consider records that are "exempt by
law from public inspection," These.records, are specifically
identified. in the Oregon Revised Statutes.
192-660 (2) (g) -.Trade negotiations - involving matters of trade or commerce in
which the governing body is competing with other governing
bodies.
192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal
rights and duties regarding current litigation or litigation likely to
be filed.
192.660(2) To review and evaluate, pursuant to standards, criteria, and
policy directives adopted by the governing body, the employment-
related perforrriance:of the chief executive officer, a public officer,
employee or staff member unless the affected person requests. an
open hearing. The standards, criteria and policy directives to be
used in, evaluating chief, executive officers shall be adopted by the
governing body in meetings open to the public in which there has
been. an opportunity.for public comment.
192.660 (2) (j) - Public investments - to carry on 'negotiations under ORS Chapter
293 with private persons or businesses regarding proposed
acquisition, exchange or liquidation of public investments.
192.660 (2) (k)- Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660(2) (m)- Relates to the review and approval of programs relating to
security.
iAadm\cathy\counc0\pink sheet - study session a0endas\2005\050614,doc
MEMORANDUM
TO: Jim Hendryx, Community Development Director
FROM: Morgan Tracy, Associate Planner.A-7
RE: Appeal of CUP 2004-00005, Tigard First Baptist Church
DATE: _ June 27, 2005
This matter was originally scheduled, and has already been advertised for public
hearing before the City Council on July 12, 2005.. We received a letter today (attached)
from the appellant's counsel, requesting that additional time be provided in order to
prepare a legal memorandum and supporting evidence and exhibits.
The appellant has requested that the hearing be continued to the July26, 2005 hearing
date, and has provided a corresponding 14 day extension to the.120-day rule period
which will now conclude on August 17,'2005.
Since the hearing has already been advertised, staff recommends that the Council open
the matter and continue to the July 26th Hearing Date, prior to receiving staff summary
and public testimony. This will afford those in attendance with proper notification of the
continued hearing date. Administration staff will need to ensure that there is adequate
time available on the July 26th Hearing"to accommodate this request.
encl
DAVID B. SMITH
ATTORNEY AT LAW
- 69,50 S.W. Hampton Street, Suite 232. RECEIVED PLANNING
Tigard, Oregon 97223,
(503)624-9352 Fax (503)598-3028 JUN
2 7 2005
CITY OF TIGARD
June 24,, 2005
Ms'Morgan Tracy, Staff Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Re:' Appeal of Hearings Officer's-Decision First Baptist Church
of-Tigard, File Nos. CUP 2004-00005 SLR 2005-00005 SLR
2005-00006, VAR 2005-00016, Our File No. 0514
Dear Ms Tracy:
.Enclosed for filing please find the original of the Motion for
Continuance and Extension of 120=Day Rule Period of the
Appellant, First Baptist Church of Tigard in the above-referenced
matter..
Please advise'.me as'soon as the appeal hearing before the City
Council has been rescheduled. I intend to file a legal
memorandum with the City in support of this appeal, together with
new evidence•at exhibits thereto;-at least 7 days prior to the
date of the hearing.
P1 ease , cal 1 me i f . you have quest.i,ons
Very truly yours,
David.B. Smith
Attorney for F.i•rst Baptist Church of Tigard
encl
cc:' Mr. Jim. Wilson, First Baptist'Church of Tigard
Mr. Tim Ramis, Esq.., City Attorney
0514-006.TRN
BEFORE THE
CITY OF TIGARD'CITY COUNCIL
In the, of the Appeal )
of the Decision of the )
Hearings Officer in CUP ) Appellant's Motion for
2004-00005, SLR 2005-00005 - ) Continuance and Extension
00006, VAR 2005-00016; ) of 120-Day Rule Period
First Baptist Church of )
)
Tigard', Applicant
Applicant (and Appellant)`First Baptist Church of'Tigard
hereby moves the City Council for entry of an order continuing
-the public hearing in.the above-captioned matter for 14 days from
July-12, 200'5 to July 26,1'2005. This motion i s made pursuant to
TDC'§ 18390.F.
This motion is.made to affoOd the applicant an opportunity
to gather additional evidence regarding traffic'safety, and to
enabl,e.applicant's`counsel to be present at the hearing.
Applicant's counsel will be out of town at another public hearing
on July 12'.
This is the-first continuance or extension of time requested
by the applicant. Applicant waives appearance and presentation
at,the July 12 hearing; and will make a complete presentation at
the continued hearing on July'26,'2005.
The Hearings Officer's Notice of Final Order of May.12; 2005
indicates the 1207day rule period will be exhausted on August 3,
2005.1 Pur.suant,to ORS'227:.178(4),'the applicant*.requests the
120-day rule period be.extended.for another 14 days to August 17,
Page .1 - APPELLANT'S MOTION FOR CONTINUANCE AND 120 DAY EXTENSION
2005.
DATED this 24th day of June,' 2005-..
Respectfully submitted,
David B. Smith
6950 SW Hampton Street
Suite 232
Tigard, OR 97223-8331-
..(S03) 624-9352
'Attorney for Applicant First
Baptist Church of Tigard
0514-005.MTN
Page 2'- APPELLANT.'S MOTION FOR CONTINUANCE,AND 120 DAY EXTENSION
Rp►N~vM . .
MFMO
city council
Mayor pirksen'and City Manager
TO; Craig Prosser, Interim
eier ents .
Dennis Kpellerm Solid Write Rate Adjustments
FROM'.
Additional information for o
July 1 2005 tion is
DATE: to contai
acted, ners. is'-
e rates for comp
Attached solid was
Pleaseind.th
page 2 of Exhibit A.
COMPACTED
One yard $ 207.50 $ 387.97 $ 561.43 $ 734.93 $ 908.84
Two yard 318.94 595.75 872.52 1,149.30 1,426.08
Three yard 423.55 803.63 1,183.48 1,563.38 1,943.46
Four yard 528.20 1,011.58 1,494.56 1,977.51 2,460.89
•
Note: The compacted rate is 2.25 times the container rate
11.N1
Ia :CDs
GARBAGE FRANCHISE FEES
60 Oregon Cities
Franchise Fee Number of Cities Percentage
1% 1 1.66%
2% 3 5.00%
3-3.5% 21 35.00%
4:4.5% 4 6.66%
5% 28 46:66% .
6% 1 1.66%
7% 2 3.33%.
30
25
20-9
0 15 -
10
T
1 2 3 4 5 6 7
% Franchise Fee
Tigard is currently at 3% and is proposing a 4% franchise. fee.
1%, 2% . 3 - 3.5% 4 - 4'.5%' 5% .6% 7%
Sandy Bay City Cottage Grove Beaverton 'Ashland Albany Aumsville
Hermiston Dundee Bend Bandon ' Springfield
Jefferson Elgin Durham Cave Junction
Estacada. Fairview Clatskanie.
John Day Columbia City
La Grande Corvallis
Lafayette Depoe Bay
Lyons Estacada
Mill City Grants Pass
Millersburg Gresham
Mt. Angel Heppner
Redmond' Indanha
Reedsport Lincoln City .
Scio Madras
Silverton Malin
St: Paul Milwaukie
Sweet Home' North Bend
The Dalles Oakridge
Tigard Pendleton
-Umatilla Philomath
Wilsonville Portland
Prineville
Salem
St. Helens
Stayton., .
Troutdale
Wheeler
Wood Village
.AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE JULY 12, 2005
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. 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. Please contact the City Manager
prior to the start of the meeting. Thank you.
NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED
Sj, -
-7 -X
°l a~rd~ ,ipR 9 '7a;k 3
IF
CITIZEN COMMUNICATION Page 1
MEMORANDUM
Administration .
CITY OF TIGARD
Shaping A Better Community
Agenda Item No. 0.,
TO: Honorable Mayor and City Council For Agenda of July 12, 2005
FROM: Cathy Wheatley, City Recorder
DATE: June 30, 2005
SUBJECT: Three-Month Council Calendar .
Regularly scheduled Council meetings•are marked with an.asterisk
July
4 Monday Tigard 4th of July Celebration; Holiday - City Offices Closed
7-8 Thurs-Fri City Manager Assessment Center
12* Tuesday Council Business Meeting -.6:30 pm, Town Hall.,
19* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
26* Tuesday Council Business Meeting - 6:30 pm, Town Hall
August
9* Tuesday Council Business Meeting - 6:30 pm, Town Hall.
16* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
23* Tuesday Council Business Meeting --6:30 pm, Town Hall
30 Tuesday 5th Tuesday Council Meeting - 7-9 p.m., Library Community Room
September
11 Sunday City's Birthday- 44tH
11-18 Sun-Sun Family Week Celebration _ See DRAFT Schedule of Events ;
13* Tuesday Council Business Meeting- 6:30 pm, Town Hall
20* Tuesday Council Workshop Meeting -,6:3'0 pm, Town Hall
22 Thursday Citizen Leadership Series'-.Session 1 - 6:30 p.m., Town Hall
See DRAFT Schedule of Sessions
27* Tuesday Council Business Meeting - 6:30 pm,.Town Hall
iAadm\city council\3-month calendarvord format.doc
3-Month Council Calendar - July-September 2005
l
Introducing...
The Citizen Leadership Series! DRAF~
Would you.like to get more involved in the Community-but aren't sure where to start? Are
you curious about how local government operates and how decisions are made? Want to
volunteer to make a difference? ,The Citizen Leadership series is designed to provide .
participants with a broad base of information on local issues and develop leadership skills.
Course Outline
SESSION 1 September 22, 6:30pm City Hall,
Governmental Structure & Come and learn about your Government!
Function in Oregon
Presenters: What is the history of local government in the United States and
how did we get to where we are today? What are the various units
Tigard Mayor Craig Dirksen, of government in Oregon?
Co. Administrator, Charles Cameron, What do they do and how do they keep from tripping over each.other
Tigard City Manager, Craig Prosser
(or do they)?
Whose department pays for that!? What does all this mean for the
delivery of services to the citizens? ..Where are we going from here?
SESSION 2 . September 28, 6:30pm City Had
Budget & Finance Yes, you CAN balance a,budget and still have services!
Presenters: How does local, government pay for the services it delivers to its
Finance Director, Tom Imdieke citizens? What restrictions do local governments face in funding City
programs? How do local governments benchmark their performance?
What is a budget?
SESSION 3 October 3; °6:30pm City Hall
Citizen Involvement Your opinion counts!
Presenter: What are the most.effective ways for citizens to give their views on
Assistant to the City Manager, Liz issues? When should citizens get involved? Can citizens have an
Newton input on decisions? How would you get information out to citizens?
SESSION 4 ,October 10, 6:30pm City all
Land Use- the nuts & bolts How Land. Use Planning affects'you!
Presenters What is the history of land use planning in Oregon and its effect on
Community Development Dir. Jim Tigard?
Hendryx What Tigard's Comprehensive Plan and Community Development
Code allow in your neighborhood. How to get effectively involved in'
the land use process. What does it take to develop a subdivision?
DRAFT
SESSION 5 October 17, 6:30pm City Hall
Transportation Why is traffic congestion so severe in the Tigard area and'how much
Presenters: worse is it likely to get in the next 20 years?
• '
City Engineer, Gus Duenas
What are the City's plans for improving intra-city traffic circulation,
especially across and along Highway 99W? What resources can the
City draw from to address transportation issues Citywide? How can
the City best partner with other jurisdictions and agencies to solve
traffic issues that are regional in nature?
SESSION 6 ('.,October 24, 6:30pm City Hall
Public Safety Operations involving the Tigard Police Department.
Presenters: The program will'focus on, a better understanding of the role of the
Police Chief, Bill Dickinson police in the community. Plans are underway to include information
PublicAnformation Officer., Jim Wolf on the organizational makeup of the of the Tigard Police Department;
the Traffic Unit; the Mobile Response Team (MRT); Defensive Tactics
including the "force continuum" and "less than lethal"; Investigations
with a close-up look into forensics; and Crime Prevention.
SESSION 7 October 31, 6:30pm Ciry Hall
Who do I call? Who. do I call?
Presenter s: Where does my water come from? City of Tigard/Clean Water
Services, who does what? We want more Parks! How do I get my
chuck hole fixed? We want recreation programs! Will we have enough'
water in the future? What is an urban forestry program?
SESSION $ November 7, 6:30pm City all
Major Local Issues
Presenters:
Hall
GROUP-PROJECT November 14, 6:30pm City
Presenters:
The series' has• a limit of 20 participants,.: If fewer'than 20 City residents apply, up to two non.
city residents may participate. For more information and to get an application, contact
Liz Newton at liz@ci.tigard.or.us or 503-718-2412.
Tiger Xs First Familijestival
A week of family-friendly activities and events throughout the community!.
Plan on attending any or all and please consider making a canned food donation to assist Tigard families in need.
Food collection boxes will be displayed at each event - Here's the line-up:. '
Saturday, September 10: SkateParlcFest ' 10 am to 8pm at the proposed. Skate Park site.
A day of free music, games, skate competitions: Bring empty pop cans bottles to support the Skate Park
Sunday, September II Ice Cream Social 6 - 8 pm in the Library Community Room
Celebrate the City's birthday with Free Ice Cream treats and a short fireworks display! Families of those serving.
overseas in the military will be recognized.
Monday; September 12: Family Movie Night 7pm at the Tigard Cinemas: : .
Bring the whole family (and a can of food) to see
Tuesday, September 13: Story` -Time. 7pm in the Tigard Library Community Room.
Children of all ages will enjoy the storytelling of Free birthday cupcakes will be'served.
Weclnesday, September 14. MusicNaght 7pm in the Tigard Library Community Room
Enjoy a FREE concert featuring the Tualatin Valley Community Band &the Tigard High Jazz Ensemble.
Thursday, September 15: Family History/Activity Night 2pm &7pm Latter Day Saints Church on 9811~ Ave.
At 2pm, genealogy specialists will be on hand to assist navigating computer programs on sites to find your
family history. Beginning at 7pm, families can make a family tree or a picture frame.
Friday, September I& Came Night-family RatesApply! 7 pm at Tigard High School
Cheer on the. Tigers as they play Central Catholic. During 1/2 time families take the field for contests!
Saturday, September 17: 5KRun/Wd& 9ani
Register for this fiee-family friendly race on the form below.
Sunday, September 1& Family NeritageDay fpm - 5pm in the Tigard Library Community Room
Enjoy FREE music, food and dance from other lands that reflect our families' heritage.
DRAFT
FAgen Item
LMeeting of JLtlu la, aL
Meeting Date: July 19, 2005 Meeting Date: July 26, 2005 Meeting Date: August 9, 2005.
Meeting Type/Time: Workshop/6.30-p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m.
Location: City Hall. Location: City Hall Location: City Hall
Greeter: Greeter: Greeter:
Materials Due @ 5: July 5, 2005 Materials Due @ 5: July 12, 2005 Materials Due @ 5: July 26, 2005
Bid Opening Deadline: July 4, 2005 Bid Opening Deadline: July 11, 2005 Bid Opening Deadline: July 25, 2005
Scan Deadline @ noon: July 1, 2005 Scan Deadline @ noon: Scan Deadline @ noon: July 22, 2005
Req to Sched Due @5: June 17, 2005 Req to Sched Due @5: June 24, 2005 Req to Sched Due @5: July 8, 2005
Televised: No Televised: Yes Televised: Yes
Attorney Attends: No Attorney Attends: Yes Attorney Attends: Yes
Study Session Study Session
Executive Session - City Manager Recruitment - Executive Session - City Manager Recruitment - Councilor Harding absent.
- Sandy - 30 min. - Sandy - 30 min. -
Urban Renewal Financing - Jim H. - 45 min Use of Listserv by the City - Gary - 30 min. Executive Session - City Manager Recruitment -
Branding/Graphic Identity - Liz - 60 min - Sandy - 30 min.
(Liz preparing RS)
Joint Mtg w/Planning Corn - Review-Land Use
Recommendations for Tigard Downtown Consent Agenda- Consent Agenda
Improvement Plan - Jim - 50 min Approve Workers Comp. Group Self-Ins. Plan LCRB - Award Contract - Construct FY 05-06
Insurance Placement Update - Loreen - 15 min. through CCIS - Loreen Pavement Major Maint. Program - Gus/Vannie
Approve Workers Comp. Volunteer Coverage
through CCIS = Loreen
Business Meeting Business Meeting
Amend TMC - Authorize Use of CSO's = TMC Metro Councilor Carl Hosticka to present infor-
1.16.030 and 1032.030 - ORD - Bill D. - 15 min mation on Metro's-Open Spaces,, Treasured - =
PH - Amend TMC to Clarify that SDC Fees Are Places Celebration, Sept 1-11, - Jim/Barbara
Payable at the Time a Permit is Issued - Jim - - 15 min
30 min Update on Library Operations - Margaret -,15 min.
Council Goal Update - 2nd Quarter -Joanne- 4 Annexations.- Mtn View Estates; Arlington
30 min Heights 3, Wilson Ridge; Alberta Rider-Summit
Transportation Financing Strategies Task Force Ridge - QJPH - 4 ORDS. - Jim H. - 90 min.
Report - Gus - 20 min
Finalize Formation of Sewer Reimb. Dist. No. 34
(SW 117th Avenue) - [PH - RES - Gus/Greg -
10 min. -
Meeting Date: August 16, 2005 Meeting Date: August 23, 2005 Meeting Date: September 13, 2005
Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 'p.m. Meeting Type/Time: Business/6:30 p.m.
Location: City Hall Location: City Hall Location: City Hall
Greeter: Greeter: Greeter:
Materials Due @ 5: August 2, 2005 Materials Due @ 5: August 9, 2005. Materials Due @ 5: August 30, 2005
Bid Opening Deadline: August 1, 2005. Bid Opening Deadline: August 8, 2005 Bid Opening Deadline: September 20, 2005
Scan Deadline @ noon: July 29, 2005 Scan Deadline @ noon: August 5, 2005 Scan Deadline @ noon: August 26, 2005
Req to Sched Due @5: July 15, 2005 Req to Sched Due @5: July 22, 2005 Req to Sched Due @5: August 12, 2005
Televised: No Televised: Yes Televised: Yes
Attorney Attends: No Attorney Attends: No Attorney Attends: Yes
Study Session _ Study Session
Councilor Harding absent. Executive Session - Possible property foreclosure Executive Session - Feedback on Possible Ppty.
- Tom - 20 min. Foreclosure - Tom - 10 min.
National Incident Management System Mgt. COLA & Compensation 101 - Sandy - 30 min
(Placeholder - More information to be coming.)
Consent Agenda Consent Agenda
Business Meeting Business Meeting
Proclaim September _ National Alcohol & Drug
Addiction Month - Joanne - 2 min
Need RS on following Standing Item:
Chamber of Commerce? Bill D. confirming
with the Chamber - -
Meeting Date: - September 20,:2005 _ Meeting Date: September 27, 2005
Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m.
Location: City Hall Location: City Hall
Greeter: Greeter:
Materials Due @ 5: September 6, 2005 Materials Due @-5: September 13, 2005
Bid Opening Deadline: September 5, 2005 Bid Opening Deadline: September 12, 2005-
Scan Deadline @ noon: September 2, 2005 Scan Deadline @ noon: September 9, 2005
Req to Sched Due @5: August 19, 2005 Req to Sched Due @5: August 26, 2005
Televised: No Televised: Yes -
Attorney Attends: No Attorney Attends: No
Study Session
Meeting with IWB - Dennis K. - 20 min
Consent Agenda
Business Meeting
Proclaim Oct. - Disability Employment Awareness , .
Month - Joanne - 2 min
Review and Adopt Resolution Accepting the
Tigard Downtown Improvement Plan - Jim 60 min
Introduction of Indonesian Delegation - Margaret -
10 min.
AGENDA ITEM # 3
FOR AGENDA OF July 12, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM'SUMMARY
ISSUE/AGENDA TITLE Relinquishment of a public slope easement along SW 68`x' Parkway.
PREPARED BY: Greg N. BM DEPT HEAD OK T Y MGR OK
ISSUE BEFORE THE COUNCIL
Should City Council approve the requested relinquishment of a public slope easement?
STAFF RECOMMENDATION
That City Council, by motion, approve the requested relinquishment of easement and authorize the City Manager to
sign the attached "Relinquishment of Easement" (Attachment 3).
INFORMATION SUMMARY
During 1987, SW 68th Parkway was improved through Local Improvement District No. 35. City Council finalized
the district on December 7, 1987, through Resolution 85-65.
A portion of the street was constructed at a higher elevation than several adjacent lots. This required the
construction of a slope from the edge of the street down to the existing ground on the adjacent lots. Since the slope
is outside the right-of-way, on private property, an easement was required to- construct the slope: Once the slope
was constructed, the owners could use the portion of their lot with the easement. One owner has brought his lot up
to the ' elevation of the street so that there is no longer a slope to the street. This owner is currently proposing to
construct a building'that extends into the slope easement. To avoid encroachment into the easement by the
proposed building, the owner is requesting the City to relinquish the portion of the easement within the owner's
parcel.. Because the property has been filled to street level, there is no longer a need for the slope easement.
For the easement in this particular situation, City Council approval is sufficient to relinquish interest. Staff has
reviewed the request and has found that the City has no further interest in the easement proposed to be relinquished
and recommends approval of the request.
OTHER ALTERNATIVES CONSIDERED'
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None
ATTACHMENT LIST
Attachment 1: Applicant's Request
Attachment 2: Easement Agreement, Doc. No. 86002742 (5 pages)
Attachment 3: Relinquishment of Easement
Attachment 3.1: Exhibit A (2 pages)
FISCAL NOTES
The easement requested to be relinquished was conveyed to the City through the Local Improvement District
and has no current value.
I:\enp\prep\Wth pkwy easement\BBth pkwy) easements ais.doc
r
Attachment 1
8 T U O I O
June 1-5,2005
I
John J. Raineri, Engineering Technician II
A RcC off qI T F;^ C. U R Ea City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223 N
RE: Cascade Veterinary Referral Center
Design Review Process
11140 SW 68" Parkway
Case File No. SDR 2004-00012
Satisfying Conditions of Approval
Dear John,
This letter formalizes the request from Webstar VI, LLC to the City of Tigard to
extinguish the "Permanent Slope. Easement recorded January 17, 1986 as Fee No:
86002742". The reasons for the request are as' follows:
1. In order to be in compliance with the City of Tigard's development code,,the
front face of the new building is planned to occupy the zone. measured from 0
to 10.'-0" back from the new Right-of Way line.
2. Part of the current easement now occurs over land in the public Right-of Way.
3.. Unlike the site condition approximately 20 years ago, the: current grading of
the site appears to be at the same grade as, or slightly higher than the street
improvements, as a result there is no further need to protect the, structure of
the original slope.
We trust this will help expedite the process. If there is anything further'that'you
require, please, let me know.
Thank you for your consideration.
Sincerely,
eonard Ladder
Cc: Bob Engle, - Webstar VI, LLC 503.981.0158
Dr. Richard Howard, ' - Webstar VI, LLC 503.292:6808
Ken Triplett, - Webstar VI,'LLC 503.982.0390
222 Commercial St NE Salem, Oregon 97301 T 503.390.6500 F 503.390.6501 ,
www.studio3orchitecture.com
Attachment 2 - ;
INDIVIDUAL-GENERAL PARTNERSHIP
PERMANENT SLOPE EASEMENT
KNOW,ALL MEN BY THESE PRESENTS THAT Donald E. Pollock, hereinafter
called the-Grantor, in consideration of the sum of $1.00 dollar and other,.
good and valuable consideration by the City of Tigard, hereinafter called
Grantee, have granted and-conveyed and by these presents do grant and
convey unto the City of Tigard, a perpetual easement for the construction,
maintenance and repair,•.with necessary access, thereto, of a slope, cut or
fill', .occasi'o'ned by.the:construction, operation and maintenance- of a public
road and appurtenances within the following described'parcel.of land,
situated in the City of Tigard, Washington' County, State of'.Oregon, and
being'more particularly described as follows:
That part of the Southeast,Quarter'of Section 36,-Township 1 South, Range 1.
West, Willamette.Meridian, in the City. of.Tigard, Washington County,
Oregon, described as follows:,
Commencing at an old 3/4-inch pipe cal-led'the point of beginning.of County
Recorder's Fee No. 80-14679, parcel III; thence along the north line of
said parcel III on a bearing (basis of which is the Oregon *State Plane
Coordinate . System) . of , North 88 degrees .12 :minutes 15 seconds West a di s-
ta'nce of 78.36, feet to the point of beginning of the land to-be described;
thence along the arc of,a 340.00 foot radius curve to the right, 'through -a
central angle of*37"degrees 03 minutes .50 'seconds, an arc distance of
219.94 feet (the chord bears North 16 degrees' 51.minutes 59.seconds West
216.13 feet) to a point..of tangency; thence.North 01 degree. 39 minutes 56
seconds East along a line parallel with east boundary of. Lot One of the ;
recorded Plat of "Way Lee" a distance of 341.20 feet to a. poi nt , of.
curvature;. thence along the arc of a 280.OO.foot radius curve to -the left,.
through,a central angle of 21 degrees 47 minutes 16'seconds, an arc dis-
'tance of 106.47 feet (the chord bears North 09 degrees 13 minutes 41'
seconds West:105.83 feet) to a point in the east line of Lot One of the
Plat of,"Way Leethence along the forementioned lot line North 01 degree
39 minutes 56 seconds East..'9.27 feet toga point; thence South •87,degrees 42
minutes 27-seconds East a.distance of 7.03 feet to a point,of non-tangency;
thence-along the arc of a 290.00 foot, radius curve to'the right, through a
central angle of 22 degre6s'57-minutes 33 seconds; an-arc distance of
116.21 feet (the chord bears South 09-degrees 48 minutes 50 seconds East
1-15.43 feet) to a point-of tangency; thence South 01 degree 39 minutes 56
seconds West,a distance of 169.00.feet,to a point; thence South 24 degrees
58. minutes 03 seconds, East a distance-,of 58.00 feet to a point; thence
South 65 degrees 01 mi'nu.tes.,57 seconds West a distance of 29.09 feet to a
point; thence,South Ol degrees 39 minutes.56 seconds West a distance.of
-10.7.:32 feet to a point thence,South .32 degrees 50 minutes 00 seconds East
a distance of. 46.50 feet to a point; thence South 59,,degrees 39 minutes-56
seconds West a distance of 26.16 feet toa point.of non=tangency; thence
along the arc of .d 330.00 foot radius curve to the left; through a central
angle of 29 degrees 17 minutes 42 seconds, an arc 6istance' of 168.73 feet '
(the chord bears South 2,2 degrees 04 minutes 49 seconds East,166.89.feet)
to a poi.nt; thence North 88 degrees 12 minutes 14 seconds West a.distan'ce
of 12.66 feet to the point of beginning.
Containing an area of, 0.1,89 acres,. more or less.
IT IS EXPRESSLY UNDERSTOOD that this' easement does not convey any
right, title or interest to the surface of the soil, nor any other rights
except those expressly provided, however, that such use shall not be per
mitted to damage-or destroy, lateral support-to the. highway, and provided '
further that nothing herein contained shall grant to the City of.Tigard the
night to excavate'beneath existing buildings or deposit fill materia is
against existing.buildings above the top-of the foundations thereof, but is
understood ,and agreed the City of Tigard shall never be required to remove,
the dirt or other`..materials.placed by it 'upon said property, nor shall-,said
City be subject to any damages to the Grantors, their heirs and assigns, by
reason thereof, or.by reason.of the slopes constructed thereon, or by
reason_of change of grade'at'the street or highway abutting on said
property.
IN CONSIDERATION of* the premises., Grantee agrees 'that if said Grantee',
i.ts successors'or assigns should,cause said road to be vacated, the rights
of the Grantee in the above-described easement will be forfeited and shall
immediately revert to the Grantors, their successors and assigns in the
case.of any such event.
TO HAVE' AND TO HOLD the above-described and granted premises unto said
Grantee', its successors and assigns forever.
The.Gran.tor.s, do hereby covenant to'and with the City of Tigard, that-
are the owners in fee simple of said premises; that the above
described property is free from all encumbrances, and that they will
warrant and defend the same from all lawful claims whatsoever..
IN WITNESS WHEREOF; the grantor(s) has (have) hereunto set his (her)
(their) hand(s) and seal'(s) this a3 day of 1985.
S {SEAL). (SEAL)
(SEAL)o~ (SEAL)
FORM No. 159-ACKNOWLEDGMENT BY•ATTORNEY-IN-FACT. '
STATE OF OREGON,
SS.
Washington
County of ------•------------------------J
23rd October 85
19------ Personally appeared
On this the - --.-----------.-day of-•---------.-..------
M. L. KING
who, being- duly sworn (or affirmed), did,say that S_he is the. attorney in -fact for.................
Do n a 1d E Pollock ---------------and
7: c -
that ,;She`exoagted,the foregoing instrument'by authority of and in behalf of said principal; and __5he acknowl-
edged '-:Isaiil .insfrunY eil#-:to be the act and deed of.said principal.
Before. n
k /
(Offrc~al Seal) ~ - .
t
• (Sign ure)
r Nota,Public for State of Oregon
My comm-ission--- mcp&as 9/20/8-5-----------
(Title of- Officer)
'Approved as to form this day of 1985.
py
C Attorney - City of Tigard
r
-jk
Approved as to legal description this Z¢ day of O U 1985,
i
I
By :
-
City City of.Tigard
SU rvdyr
r;
Accepted by the City Council thisaday of 1985.
CITY COUNCIL, CITY OF TIGARD, OREGON
~C.J.;~`''
P LP
oil B
City Rec
3s <<° _ order - City of Tigard
•
R/G,-/T= OF- WAY /NIA P
TAX LOT 2001 /•S,/ 36DA.
WASH IV67-0iV CO. 0R,6a01V
9.27
7'p3.
' - R' 280.00.
'41' W
V(V( /05_B3'
R- Z90.00 O
' ~'Z2'S7'33" N
C S 09° 48,'.50 E
' /L~. 43' . /5'' S~WER •E'f~SEMGVT
/0.00'
/109.00'
LOT'
G~'JLL-aICK POE
WAY LEE,, GENERAL
/OO DA
_t
CONTRACTOR, INC
2400 OA 2G1C3.;OA
' :ter- 58:00.:
/6.9 AG
p d
29.09•
s;0'/°39'56°W property Retained
OARCEL A ~4 S3Z°SO'oo'E
o. 360 A C F 4~..So
Property to be ;.i s 59°39'S~. ic/
Released "1 w 26:l6'
R s 390.00 .
4= 3703'50'
L = 219-94
C N/6°S/ S9 w
Z/4& /51
PARCEL B v.:.::.
0. 006 AC t ;"r:=:'i•°'• it;'.: R = 330. 00
.4 = 29 7',$-Z"
166. 73
30.310' G - S
22, 04'49 "E
g n"<':'• to to . 89 '
/v 86° 12 7231'
R = 400.00'
L = .54.5¢
C= zG°39'0/
34: S3'
6-5-85
?.f13-- OriS. ~u
Attachment 3
AFTER RECORDING RETURN TO ~7 vrfJ✓
City of Tigard
City Records Division
13125 SW Hall Blvd
Tigard, OR 97223
RELINQUISHMENT OF EASEMENT
The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing
under the laws of the State of Oregon, hereinafter called CITY, hereby releases any and all
interest in a portion of a slope easement, situated in Washington County, Oregon, conveyed to
CITY by Document No. 86002742, Washington County, Oregon.
CITY no longer has a need for a portion of the easement described above; said portion is
described in Exhibit "A", attached hereto and incorporated herein by this reference.
Dated this day of ; 2005.
CITY OF TIGARD, OREGON
By:
City Manager
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on (date)
by: (name of person(s)).
Notary's Signature
My Commission Expires:
I.
l •
Exhibit "A„
Aportion of that permanent slope easement described as Fee No. 86002742, recorded at
the Washington County Courthouse at Hillsboro, Oregon located in Section 36,
Township 1 South, Range 1 West of the Willamette Meridian in Washington County,
Oregon described as follows:
Beginning at 'a point on the East line of 68`h Parkway and the Southwest corner of Parcel
2 of Partition-Plat No., 2000-.025; thence Northwesterly along the-arc of a 340 foot curve
right 219.87 feet (Long Chord bears N16° 51' 38" W.21.6.06 feet); thence along the East
line of said street N 1 ° 39' 56" E 121.44 feet to a point on the North line of Parcel 2,
thence N61°.34'.01" E 32.09 feet to a point on the East line of a slope easement; thence
S 24°58'03" E 19.01 to a point; thence S 65° 01' 57" W 29.09 feet to a point; thence
S 1° 39'56" W 107.31 feet to a point; thence S 32° 24' 32" E 46.51. feet. to a point; thence
S 59° 39' 56" W 26.16 feet; thence Southeasterly along the arc of a 330 foot radius curve
to the-left 168.63 feet (Long Chord bears S 22° 04" 31" E 166.80'); thence v~
N 88° 14'57" W 12.66 feet to the point of beginning. r; iJ
C
J
' ~ a ~ SLOPE EAgEM
ct~ ~ , TO BE RE~1Na'~ISNEO i
, V
1_100' ~ 1 2600
1, C/1 p,R ITION
PARCEL= 2 °f P
p~p,T 2000 0115
ddress.111A0 5`N 68th Parkway
' . Propefii a .
AGENDA ITEM # FOR AGENDA OF July. 12, 2005
CITY OF TIGARD, OREGON
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Request Approval by the Local Contract Review Board -for Purchase of Patrol
Vehicles.
PREPARED BY: Ellen Fox DEPT HEAD OK L✓7sPW CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Local Contract Review Board approve the purchase of ten police vehicles for the Police;Operations
Division?
STAFF RECOMMENDATION
Staff recommends approval of the purchase of eight marked patrol cars and two, supervisory vehicles..
INFORMATION SUMMARY
Per the City's vehicle replacement schedule, which is,.monitored. closely by Police Department and Public Works
staff, the proposed vehicle purchases are necessary to maintain the'fleet.
For operational and financial reasons; the Police Department follows a vehicle replacement schedule, which is
based on industry standards for vehicle length of service, maintenance costs, and officer safety:
According to the replacement schedule, the Police Department needs to replace an average of five patrol vehicles
each year. However, the scheduled replacements were halted in recent years due to budget constraints. Typically,
the result,of delaying replacements is a higher incidence of vehicles out of service and higher maintenance costs.'
The purchase of these 10 patrol vehicles will not bring the fleet completely into. compliance with the replacement
schedule, but does replace.the worst of our worn out patrol cars.
The marked police vehicles will be Ford Crown Victoria models purchased from Gresham Ford; and the 2
supervisor cars will be Chevrolet SUV models purchased from Murray. Chevrolet. These vehicles will be
purchased under a State, contract.
OTHER ALTERNATIVES CONSIDERED
Do riot approve vehicle replacement purchases, and direct staff to explore alternatives.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable.
ATTACHMENT LIST.
ds in
SCALNCTES .41, which allocated d
FI o. 05 . The eight mask .
le. , Resolution N lacemeat vehicle otal cost o f $2500)
Fy 05108 aseudget of ten cep which is a t
mcil approved the for, the p each $28,00.01
Co
005 City s Division, isoc vehicles are
~n June 14' 2 ent' Opetad the 2 super
he police Die e$25,00-each, 0
e c
AGENDA ITEM No. 4 Date: July'12, 2005
PUBLIC HEARING.
(QUASI: JUDICIAL),
TESTIMONY
SIGN.-UP.,'SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
'PUBLIC HEARING
APPEAL "OF CONDITIONAL' USE PERMIT
FOR THE TIGARD `FIRST BAPTIST
CHURCH EXPANSION*
e er
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I:\HOM\GREER\CCSIGNUP\PH TESTIMONY QJ.DOC
AGENDA ITEM No. 4
PLEASE PRINT
Proponent - (Speaking In Favor Opponent = (Speaking Against) Neutral
Name, AddressA 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.
'OF TIGARD PUBLIC HEARING
The following will be considered by the Tigard City Council on
O11 V 1.L v `Vl r l i Tuesday July 12; 2005 at 7:30 PM at the Tigard Civic Center -Town
C Hall, 13125 SW Hall Blvd., Tigard, Oregon..
SPAPERS Both public oral and written testimony is invited. The public hearing
on this matter will be conducted in accordance with the Tigard
rr i Municipal. Code and the rules of procedure adopted by the, Council'
1325 SW Coster, 0668, Portland, OR 87219 - PO Box 370 - Beaverton, OR 97075 and available at City Hall or the rules of procedure, set forth -m
"Phone: 503.884.0360 Fax: 503.820.3433 Chapter 18.390. Testimony may be submitted in writing prior to or at.,
Email:legalampising@cummnewspopeps.eam the public hearing or verbally at the public hearing only. Failure toraise an issue in person or by letter at some'point prior to the close of
the hearing accompanied by, statements or evidence sufficient to
AFFIDAVIT OF PUBLICATION afford the decision-maker an opportunity to, respond to the issue
State of Oregon, County of Washington, SS precludes appeal to the Land Use Board of Appeal based on that-
issue. Failure to specify the criterion. from the. Community
I, Charlotte Allsop, being the first duly sworn, Development Code. or Comprehensive Plan at which a comment is
directed precludes an appeal based on that criterion,
depose and say that I (s the Accounting . A copy of the application and all documents and evidence submitted
Manager of The Times (serving Tigard, by or on behalf of the applicant and the applicable criteria are ,
Tualatin & Sherwood), a newspaper of available for inspection at no cost. A'copy of the staff report will.be !
general circulation, published at Beaverton, in made available for inspection at no cost at least seven (7) days prior,
the aforesaid county and state, as defined by to the hearing, and copies for all items can also be provided. at a;i
ORS 193.010 and 193.020, that reasonable cost.
Further information may be obtained from the Planning Division
(staff contact: Morgan Tracy) at" 13125 SW'Hall Blvd., Tigard;
City of Tigard - Public Hearing Oregon 97223, orb calling 503-639-4171. r
Appeal of Tigard First Baptist Church CONDITIONAL USE PERMIT (CUP) 2004-00005/
Expansion, CUP 2004-00005 SENSITIVE LANDS REVIEW (SLR) 2005-00005/
CNI TT10621 SENSITIVE LANDS REVIEW (SLR) 2005-00006/
ADJUSTMENT (VAR) 2005-00016
a copy of which is hereto annexed, was > APPEAL OF TIGARD FIRST BAPTIST CHURCH EXPANSION<
published in the entire issue of said ITEM ON APPEAL: On April 25'";,2005 :the Tigard,Heaiing':s,.
newspaper for Officer held ,a public hearing to consider . an application :.for.
conditional use approval to construct,a 22,500 square foot -expansion
of the existing church and associated parking in.three phases. As part
1 of Phase 2, the applicant proposed to. relocate, the existing.driveway..,
c on SW Gaarde Street. The Hearing Officer adopted fi - din- S"
successive and consecutive weeks in the approving the Conditional Use, Perxmt:and; Sensitive Lands Reviews
following issues and denied the requested Adjustment. to the access'spacing standards:"
An appeal was filed on May 25, 2005 by the owner and appiica. ;on
June 23, 2005 the basis that the Hearing's Officer misconstrued the applicable law.,1
More specifically, the appellant's argue that the Hearing's Officer's, j
CjW tkv<~ O_W~p decision failed to balance the approval criteria. LOCATION::11075
SW Gaarde Street; WCTM 2S 103DC, Tax Lot 1100. ZONE: ' R-3:5."
Charlotte Allsop (Accounting M nager) Low-Density Residential District. REVIEW CRITERIA BEING;'
APPEALED: Community Development Code Chapters, 18.370-ai4
18.705.
Subscribed and sworn to before me this ` 1 aRHA-, -
nu~o.,r win r
June 23, 2005 - - J
j..~
r tuP200M00005
' N SlR2DD5.000D5
N ARY UBLIC FOR OREGON - HIM
_ 11M FlaST I
My commission expires \-MV 01~ ataxH e~ax9oa
`SITE
GAAADE 3T 'a SFs
Acct # 10093001
City of Tigard
Attri: Accounts Payable f r. }
13125 SW Hall Blvd. Ltomi i 1' ; .
Tigard, OR 97223
Size-RO ~ i
Arriount"Due $1,E)S, I -
remit to address above TT 10621 Publish June 23, 2005
COMMUNITY
NEWSPAPERS
1325 SW CUSIeP DPW, POPllaaa, OR 97219 • PO Box 370 • Beavortoo, OR 97075
Phone: 503.094.0360 fax: 503.620-3433
Email: legalakergsiag@commaewspopers.com
AFFIDAVIT OF PUBLICATION
State of Oregon, County of Washington, SS
I, Charlotte Allsop, being the first duly sworn,
depose and say that I am the Accounting
Manager of The Times (serving Tigard,
Tualatin & Sherwood), a newspaper of
general circulation, published at Beaverton, in r
the aforesaid county and state, as defined by
ORS 193.010 and 193.020, that
City of Tigard - Public Hearing
Appeal of Tigard First Baptist Church
Expansion, CUP 2004-00005
CNI TT10621
a copy of which is hereto annexed, was
published in the entire issue of said
newspaper for
1
successive and consecutive weeks in the
following issues
June 23, 2005
Charlotte Allsop (Accounting Manager).
Subscribed and sworn to before me this
June 23, 2005
NOTARY PUBLIC FOR OREGON
My commission expires
Acct # 10093001
City of Tigard
Attn: Accounts Payable
13125 SW Hall Blvd.
Tigard, OR 972 3
Size - Xq. S
Amount Due $ 153,( -5
" remit to address above
MEMORANDUM
TO: Jim Hendryx, Community' Development Director ,
FROM: Morgan Tracy, Associate.Planner4k 7
RE:' Appeal of CUP 2004-00005, Tigard First Baptist Church
DATE: June 27; 2005
This matter was originally scheduled, and has already been advertised"for public
hearing before the City Council on July 12, 2005. We received a letter today (attached)
from the appellant's counsel, requesting that additional time be'provided in order to
prepare a legal memorandum and supporting evidence and exhibits.
'The appellant has requested that the hearing be continued to the July 26, 2005 hearing
date, and has provided a,corresponding 14 day.extension to the 120-day rule period
which will now conclude on August 17, 2005.
Since the hearing has already been advertised, staff recommends that the Council open
the matter and continue to the July 26th Hearing Date, prior to receiving staff summary
and public testimony. This will afford those in attendance with proper notification of the
continued hearing date. Administration staff will need to ensure that there is adequate
time available on the July 26th Hearing to accommodate this request.
encl
DAVID B. SMITH
ATTORNEY AT LAUD
6950 S.W. Hampton Street, Suite 232 RECEIVED PLANNING
Tigard, Oregon 97223
(503)624-9352 Fax (503)598-3028 - JUN 2 7 2005
CITY OF TIGARD
June -24, 2005
Ms-Morgan Tracy, Staff Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
i
Re: Appeal of.Hearings Officer's Decision, First Baptist Church
of Tigard.-File Nos. CUP 2004-00005. SLR 2005-00005 SLR'
2005-00006..VAR 2005-00016. Our File No. 0514
Dear Ms Tracy:
Enclosed for filing please find the original of the Motion for
Continuance and Extension of 120-Day-Rule Period of the
Appellant, First Baptist Church of Tigard in the.above-referenced
matter.
Please advise.me as soon as the appeal hearing before the City
Council has.been rescheduled. I intend to file'a legal
memorandum with the City in support of this appeal, together with
new evidence at'-exhibits thereto,-at least 7 days prior to the
date of the hearing,
Please call me if you have questions.
Very truly yours,
David B. Smith
Attorney for First Baptist Church of Tigard
encl
cc: Mr. Jim Wilson First.Baptist Church of Tigard
Mr. Tim Ramis., Esq., City Attorney
0514-006.TRN
n
BEFORE THE
CITY OF TIGARD CITY COUNCIL
In the Matter of the Appeal )
of, the Decision of the )
Hearings Officer in CUP ) Appellant's Motion for
2004-00005, SLR 2005-00005 - ) Continuance and Extension
00006,.VAR 2005-00016;' ) of 120-Day Rule Period
First Baptist Church of. )
Tigard, - Appl i cant )
Applicant (and,Appellant) First Baptist.Church of Tigard
hereby moves th6~City Council for entry of an order continuing
the public hearing in the above-captioned matter for 14 days from
July 12, 2005 to July.26, 2005. This motion is made pursuant to
TDC § 18.390.F.
This motion is made to afford the applicant an opportunity
to gather additional evidence regarding traffic safety, and to
enable applicant's.counsel to be present at the hearing.
Appli.cant's counsel will be out of town.at another public hearing
on July 12.
This is the first continuance or extension of time requested
by the applicant. Applicant waives appearance and presentation
at the July 12 hearing,,and. will make a complete presentation at
the continued hearing on July 26, 2005.
The Hearings Officer's Notice of Final Order of May 12, 2005
indicates the 120-day rule period will be exhausted on August 3,
2.005. Pursuant to ORS 227.178(4), the applicant requests the
120-day rule period be extended for another 14 days to August 17,
Page'1 -'APPELLANT'S MOTION FOR CONTINUANCE AND 120 DAY EXTENSION
2005.
DATED this 24th day of June, 2005.
Respectfully submitted,
David B. Smith
6'950 SW Hampton Street
Sui-te 232
Tigard, OR 97223-8331'
(503) 624-9352
Attorney for Applicant, First.
Baptist Church of Tigard
0514-OOS.NTN
Page 2 - APPELLANT'S MOTION'FOR CONTINUANCE AND 120 DAY EXTENSION
Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures
A copy of the rules of procedure for today's hearing is 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 in the Tigard Public Library for the last seven
days.
The Council's role in this hearing is to make a land use decision under existing laws. The
Council cannot change the law for the land use application now under consideration.
Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try
to limit your remarks to the applicable approval standards for the application.
Members of the City Council will be asked whether they have any conflicts of interest. If a
Council member has an actual conflict, the Council member cannot participate.
Council members must declare any contacts about this case with a member of the public.
Council members must also declare if they have independent knowledge of relevant facts, such
as from a visit to the site in question. A Council member who describes ex parte contacts or
independent information may still participate in the decision.
After the discussion of conflicts and ex parte contacts, any person may challenge the
participation of a Council member or rebut any statements made. The Council member in
question may respond to such a challenge.
Tonight, City staff will summarize the written staff report. Then the applicant and those in favor
of the application testify. Then witnesses who oppose the application or who have questions or
concerns testify. If there is opposition or if there are questions, the applicant can respond. The
Council members also may ask the staff and the witnesses questions throughout the hearing until.
the record closes. After all testimony is taken, including any rebuttal, the applicant can make a
closing statement. After the record is closed, the City Council will deliberate about what to do
with the application. During deliberations, the City Council may re-open the public portion of
the hearing if necessary to receive additional evidence before making a decision.
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 precludes an appeal on that
issue. Failure to raise Constitutional or other issues related to proposed conditions of approval
with sufficient specificity to allow a response precludes an action for damages in circuit court.
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.
Please refrain from disruptive demonstrations. Comments from the audience 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, spelling your last name, and give your full mailing address including zip code.
If you represent someone else, please say so. If you have any exhibits you want us to consider,
such as a copy of your testimony, photographs, petitions, or other documents or physical
evidence, at the close of your comments you must hand all new exhibits to the City Recorder
who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal
opportunities expire, and then you can ask them to return your exhibits.
i:ledmMathytccaquasi judicial rules of procedureVules of procedure - city attomy qj statemeat.doc .
AGENDA ITEM No. 5 Date:: July' 1*2,.2005
RUBLIC,.HEARING.
TESTIMONY
S1.GN:UP.S,HEETS,
Please sign on the following page(s) if you.wish to testify before City Council on:
PUBLIC HEARING'
SOLID WASTE, RATE ADJUSTMENT
-Due to Time Constraints
City Cou nci l May m pose
ATime Limit on Testimony
II:\ADM\GREER\CCSIGNUP\PH TESTIMONY NON LAND USE.DOC: "
AGENDA ITEM No. 5
PLEASE-PRINT.
Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral
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AGENDA ITEM #
FOR AGENDA OF July 12, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Solid Waste Rate Adjustment Public Hearing .
PREPARED BY: 'Dennis Koellermeier DEPT HEAD OK CITY MGR OK '
ISSUE BEFORE THE COUNCIL
City staff and the City's solid waste consultant have concluded the annual review of Tigard's solid waste haulers.
Based on this analysis, staff has concluded that City Council should consider solid waste rate adjustments.
STAFF RECOMMENDATION
Hold a public hearing and consider adjustments to the solid waste rates as shown on Exhibit A to the attached
resolution.
INFORMATION SUMMARY
City Council has the'authority established by city code to annually review solid waste collection rates. Solid waste
rates were last adjusted in 2001. City Council has had two work sessions with the haulers and staff since January
2005 to review the inflationary and new program components of the proposed adjustments.
Solid waste collection in Tigard is accomplished via two exclusively franchised haulers. Annually the financial
statements of the haulers are reviewed and the annual rate of return is calculated. Annual rates of return are
targeted for 10%. When annual rates fall outside an 8-12% range a rate adjustment is automatically triggered. This
year the annual rate of return was 7.9%. Items such as fuel, health insurance and disposal costs have all impacted
the haulers and are the causes for this portion of the adjustment. Staff is recommending August 1 as the effective
date for this component of the rate adjustment. Residential 32-gallon weekly container rates need to be adjusted
$.90 or 4.8% for this component,'
In addition to the inflationary impacts noted above staff is proposing and the haulers concur to a program change
implementing cart based recycling, as compared to the current source separated manual system . The new system
would provide new 90-gallon roller carts for each account, where residents can deposit all their recyclables, except
glass and motor oil. Benefits of the new system include:
• Additional recycling capacity and convenience
• Reduction in litter and materials being blown out of containers
• Reduced worker injury due to automated collection system .
• Anticipated increase in Tigard's diversion rate from current 36% to 43%
• Longer term rate stability
While this is a new program for Tigard, it is currently being done in several other cities in the Metro region. All the
current participants report satisfied customers and increased recycling tonnage. Tigard and Beaverton are currently
considering this change on the west side, and the industry experts are predicting all areas will migrate to this system'
as the costs of manual systems continue to climb. Due to the long lead time to order the carts and trucks to
implement this service, the haulers are predicting a rollout date of January 1, 2006. Staff is recommending that the
rate adjustment for this program impact be effective January 1, 2006, to coincide with the commencement of the
new service. Residential 32-gallon weekly rates will be increased by $.73 a month, or 3.7% to implement this
program.
Council also has the authority to establish the franchise fee, which is paid to the City for the right to do business in
the City, to help pay for right-of--way management, and to cover program management costs. This fee, currently at
3%, has not been adjusted since it was originally set. Council has been briefed on several anticipated changes being
mandated by Metro to increase the volumes of recyclables • in the commercial sector and divert this material from
the landfill. Implementing these program changes will become the responsibilities of the local communities.
Council has also stated its desire to offer more neighborhood cleanups, landscape enhancements and other
community enhancement activities. Staff has reviewed neighboring communities and found that franchise fees
range from 3 to 5%. Council reviewed this information at their June 21 work session and asked staff to prepare the
rate resolution to implement a4% franchise fee effective January 1, 2006. Residential 32-gallon weekly rates will
be increased by $.22 a month or 1.1 % to implement this change.
The recommended rates, attached to resolution as Exhibit "A" and Exhibit "B", have been developed to accomplish
the goals noted above, as well as maintaining the goal of rates being based on cost of service. These rates also are
continuing to place emphasis on recycling so that the amount of waste reaching the landfill continues to decrease.
The majority of residential customers (77%) use the 32-gallon cart with yard debris service. Under the
recommended rate structure, those customers will be paying an additional $1.85 a month or 9.8% after the 2nd
adjustment becomes effective January 1, 2006. Please see the attached rate schedule for rates for other customer
classes or services.
OTHER ALTERNATIVES CONSIDERED
r
Council is obligated by Resolution 01-54A to adjust rates to provide for a rate of return to meet the targeted
10% range. Adjustments affecting new program delivery and franchise fees are at the discretion of the City
Council.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Resolution to adopt rate changes
Exhibit "A" to Resolution (August 1, 2005 rate schedule)
Exhibit "B" to Resolution (January 1, 2006 rate schedule)
Rate comparison sheet
Resolution 01-54A
FISCAL NOTES
Currently the, City receives franchise revenue to the General Fund in the amount of 3% of gross revenues, or
estimated at $224,'000 in Fiscal Year 2004-05. Revenues for the City will increase due to two factors, one being
the August 1 rate increase by the haulers and the other being .the 4% increase in the franchise fee. These
adjustments would increase the annual franchise fee revenue by approximately $101,000.
Proposed Residential Rate Comparison
Proposed Current
(2005) (2002)
Rate Rate Difference
Recycling only (red bins & yard debris cart) monthly $ 10.45 $ 9.96 $ 0.49
.(red bimonly) monthly 5.25 4.98 0.27
(yard debris only) monthly 5.25 4.98 0.27
Mini cart (20 gal) with yard debris monthly 16.90 16.10 0.80
without yard debris monthly 14.65 13.85 0.80
Cart (32 gal) with yard debris monthly 19.65 18.75 0.90
without yard debris, monthly 17.35 16.45 0.90
Cart (60 gal) with yard debris monthly 30.70 29.25 1.45
Cart (90 gal) with yard debris monthly 37.25 35.50 1.75
On-call service (mixed waste, red bin and yard debris) each call 10.00 9.50 0.50
Proposed Residential Rate Comparison
with Residential Cart Recycling and 16/6 Franchise Fee Increase
Current Cart Franchise
(2005) Recycling Fee New
Rate Cost Increase Rate Difference
Recycling only (recycling carts & yard debris cart) monthly 10.45 $ 0.73 0.12 $ 11.30 $ 0.85;
(recycling cart only) monthly 5.25 0.73 0.07 6.05 0.80
(yard debris only) monthly 5.25 - '0,05 5.30 0.05
Mini cart (20 gal) with yard debris monthly 16.90 X0.73 0.17 • 17.80 0.90
without yard debris monthly 14.65 0.73 0.17 15.55 0.90
Cart (32 gal) with yard debris ' monthly 19.65 0.73 0.22 20.60 0.95
without yard debris monthly A7.35 . 0.73 .0.17 ' 18.25 0.90
Cart (60 gal) with yard debris monthly 30,70" 0.73 0.32 31.75 1.05
Cart,(90 gal) with yard debris monthly 37.25 '0.73 0.37 38.35 1.10
On-call service (waste, recycling cart and yard debris), each call 10.00 0.73 0.12 10.85 0.85
J
CITY OF. TIGARD, OREGON
i RESOLUTION NO.01- A'
A RESOLUTION OF THE TIGARD CITY COUNCIL "FORMALIZING COUNCIL POLICIES'
AFFECTING SOLID WASTE RATE ACTIONS AND RESCINDING RESOLUTION NO. 96-0.3
WHEREAS, the Tigard City Council desires to manage solid waste rates in a manner which is consistent
with the Solid Waste Management Ordinance (TMC 11.04); and
WHEREAS, the Solid Waste Industry and recycling programs and markets continue to rapidly change; and
WHEREAS; the Solid Waste Industry is being forced to change by multiple court challenges region-wide
which question continuing the past rate practice of commercial%rates subsidizing the residential service
rates; and
WHEREAS, the Tigard City Council wishes to update its established policies for solid waste management
to insure rates that are just, fair, reasonable and adequate to provide ongoing necessary service to the public;
and "
WHEREAS, the Tigard City Council desires to rescind Resolution No. 96-03 and adopt updated policies to
meet the challenges faced in providing solid waste services for the citizens of Tigard.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby rescinds Resolution No. 96-03 in its entirety.
SECTION 2: The Tigard City Council will use the following policy when it reviews any changes to
the solid waste rates in an effort to reduce the commercial subsidy of residential service
rates and move to rates that are based on cost of service over a period of timer
SERVICE-TYPE RATE SUBSIDY POLICY
It is the desire of the Tigard City.Council to eventually have solid waste rates be
profitable by each service type (i.e., cart, container, drop box). Since there currently
exists a commercial (container) subsidy of the residential (cart) rates and drop Pox rates,
a phased-in reduction of the subsidy is anticipated within the next seven years. The
subsidy wi11 be reduced at increments acceptable to the City Council.
SECTION 3: The Finance Director, or 'designee, will use the following policy when computing the
solid wastc haulcrs' rate of return:
OPERATING MARGINIRATE OF RETURN POLICY
The Operating Margin, 'or rate of return, will be calculated on the before tax net profit as
a percentage of gross revenue. The "profit rate" review will be based on the aggregate
pre-tax net income.,as a percentage of the aggregate gross revenues of the franchised
haulers. The City Council shall consider an adjustment during rate review proceedings
to provide a 'ten percent (10%) margin in the aggregate.
RESOLUTION NO.O1-A- 'Page 1
LorewM lTYWlDMSK MGRSolid Waste\Council Action items\Council Solid Waste Policies Res.doc
SECTION 4: ANNUAL HAULERS' FINANCIAL REPORT REVIEW PROCEDURE'
The Finance Directur, ur designee, will review the solid waste haulers' annual fmancial
reports and gather 'any. clarifications' deemed necessary from the haulers or their.
designated representatives each year. After being satisfied that the reports are complete
and properly filled out in accordance 'with the instructions provided, the Finance
Director, or designee, will determine the "profit rate" by the aggregate pre-tax net
income of the haulers as a percentage of aggregate gross revenues.
The Finance Director, or designee, will then report the results to the City Manager, the
Mayor and City Council. If the aggregate profit rate falls below eight percent (8%) the
City Council shall consider an adjustment to provide a`ten percent (10%) margin. If the
aggregate profit rate exceeds twelve percent (12%), the City Council shall consider an' adjustment downward to provide a ten percent (10%) margin.
EFFECTIVE DATE: This resolution will be effective on and after October 1, 2001.
PASSED: This day o 2001'.
'M yor ity o T•
A l 1 ST:
'City Recorder - City of Tig
RESOLUTION NO.01- f4 Page 2
Loteen\I:\CITYWTDF\RISK_MG[\Solid Waste\Council Action Items\Council Solid Waste Policies Res.doc
AGENDA ITEM #
FOR AGENDA OF July 12, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A Resolution to Establish a Financial Strategy Tusk Force and Appoint Members
PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council establish a Financial Strategy Task Force to prepare recommendations that the City Council will
consider in adopting measures to address the financial future of the City.
STAFF RECOMMENDATION
Approve the resolution. .
INFORMATION SUMMARY
During the budget hearings for the FY 2005-06 budget, there was continued discussion regarding the variance between the
growth. of City expenditures and revenues. Even though the City has taken steps over the last few years to reduce
expenditures and adjust fees, the City's financial forecast. is projecting a potential deficit in the General Fund as early as FY
2008-09..Given the projection; the City Council wants to have more citizen involvement and input before deciding on what
.future steps should be taken to address the City's financial future. To receive this input; members of the Council see the need
to create a citizen-based task force to prepare recommendations that the Council will use in considering measures to the
improve the City"s financial condition.
The Financial Strategy Task Force will consist of the citizen members of the Budget Committee, members of the Committee
for Citizen Involvement, a representative from the Downtown Task Force, and a representative from the Transportation
Financial Strategies Task Force. The attached resolution outlines the `charge" of the task force. It includes evaluating City
program service levels, look at ways for the City to deliver services in a more efficient or cost-effective manner, and identify
potential new revenue sources such as the City begin charging fees for service to those citizens that live outside the City
boundaries. Also review the option of asking the Tigard voters to approve a Local Opiion Tax Levy. It is expected that the
task force report back to the City Council by December 31, 2005.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY .
N/A
ATTACHMENT LIST
Resolution establishing the Task Force and Appointing Members
FISCAL NOTES'
N/A
RANpU.M
nd:City Council
- Mayor pirksen Interim City Manager - -
TO: Craig.Prosser, :
Den nis'Koelterme1er aste Rate.'Adlustments,
FROM, Solid W
Additional information far 3uly 11, 2405
. containers. This information is
DATE .
or compacted solid waste Attached Please
find the rates f
page 2 of Exhibit A.
COMPACTED }
One yard $ 207.50 $ 387.97 $ 561.43 $ 734.93 $ 908.84
Two yard 318.94 595.75 872.52 1,149.30 1,426.08
Three yard 423.55 803.63 1,183.48 1,563.38 1,943.46
Four yard 528.20 1,011.58 1,494.56 1,977.51 2,460.89
Note: The compacted rate is 2.25 times the container rate
I.
AGENDAITEM #
FOR AGENDA OF, July 12, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Resolution Setting Forth Land Acquisition Guidelines to be Considered by Council
When Acquiring Parks and Greenwa Properties
PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Council adopt a resolution setting forth land acquisition guidelines to be considered by Council when
acquiring parks and greenway properties?
STAFF RECOMMENDATION
Adopt resolution setting forth land acquisition guidelines to be considered by Council when'acquiring parks and
greenway properties.
INFORMATION- SUMMARY
The attached resolution, adopting guidelines developed by Council to use as Council considers the locations and
acquisitions of parks and greenway properties, was developed as an outgrowth of a Council discussion on
establishing guiding principles for purchasing land.'-the Park and Recreation Advisory Board (PRAB) has
,reviewed and approved, in principle, the resolution. The guidelines in the resolution are as follows:
1: Evaluate all park and greenway donation offers.and potential property purchases and submit a staff
recommendation to the City Council for. each donation and/or property, purchase,
t
2: Prioritize the search and evaluation of future park sites to those areas identified as' currently
underserved (the City's adopted Park System Master Plan defines "underserved" areas as areas not
within one-half-mile of a neighborhood park),
3: Use City General Funds for land purchases inside the City limits,. and park SDCs to fund growth,
and to purchase property outside the City limits, but within the Urban Growth Boundary (UGB) or
UGB expansion areas,
4: Look to serve those areas which will-become park deficient over time,
5: Look to purchase or obtain parcels. of land with some size as compared to multiple, non-contiguous,
small,parcels if possible, .
6: Consider and evaluate the acquisition of suitable property outside the City Limits, and
7: Consider land banking adequate property for future park development.
OTHER ALTERNATIVES CONSIDERED
Not adopt resolution.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
2005 Council Goal to Address Growth - "Identify and Acquire parks and open spaces"
ATTACHMENT LIST
Attachments:
• Resolution - "A resolution adopting guidelines to use in the evaluation of the location and acquisition of
park and greenway properties."
• "Land Acquisition Evaluation Matrix/Criteria"
FISCAL NOTES
On June 14, 2005, Council approved and adopted the FY 2005-06 Budget. The budget contains a $2,144,025
appropriation for park acquisition and development.
CITY OF TIGARD, OREGON
RESOLUTION NO. 05-
A RESOLUTION ADOPTING GUIDELINES TO USE IN THE EVALUATION OF THE LOCATION .
AND ACQUISITION OF PARK AND GREENWAY PROPERTIES
WHEREAS, the Tigard. City Council recognizes the need for additional park and greenway properties in the
Tigard community; and
WHEREAS, past City Councils elected to not purchase or secure land for parks and greenways outside the
city limits; and
WHEREAS, the Tigard City Council has adopted an annual goal for 2005 to "Identify and Acquire Parks
and Open Space (greenway); and
WHEREAS, the Parks and Recreation Advisory Board has also been given the task to: a.) evaluate potential
park and greenway needs, b.) obtain public input and, support, and c.) make recommendations to the City
Council relating to the funding of these needs; and
WHEREAS, the City Council wishes to adopt guidelines and an evaluation process to review offers of
donated property, and/or to accept property offered by developers in lieu of System Development Charges
(SDCs) for parks and greenways; and
WHEREAS,.the City Council recognizes that state law requirements set forth that new development cannot
be forced to pay for any current deficiencies Tigard has in its parks and greenway inventory.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City'Council that staff is directed to:
SECTION 1: Evaluate all park and greenway donation offers and potential property purchase and submit a
staff recommendation to the City Council for each donation and/or property purchase.
SECTION 2:' Prioritize the search and evaluation of future park sites to those areas identified as currently
underserved (the City's adopted Park System Master Plan defines "underserved" areas as
areas not within one-half mile of a neighborhood park).
SECTION 3: Use City general funds for land purchases inside the City limits, and park SDCs to fund
growth, and to purchase property outside the City limits, but within the UGB or UGB
expansion areas.
SECTION 4: Look to serve those areas which will become park deficient over time.
SECTION 5: Look to purchase or obtain parcels of land with some size as compared to multiple, non-
contiguous, small parcels if possible.
SECTION 6: Consider and evaluate the acquisition of suitable property outside the City limits.
RESOLUTION NO. 05 -
Page 1
SECTION 7: Consider land banking adequate property for future park development.
SECTION 8: This resolution is effective immediately upon passage.
PASSED: This day of 2005.
Mayor - City of Tigard'
ATTEST:
City Recorder = City of Tigard
t
ti•
RESOLUTION NO. 05 -
Page 2 .
,Land Acquisition Evaluation Matrix/Criteria, (To be completed by staff)
NAME OF SITE: ADDRESS
CONTACT: PHONE:
Scale =1(poor) - 5(good)
1) Location of property: 1 .2 3 4 5 .
2) Acreage: 1 2 3.4 5
3). Accessibility:. 1 2 3 4 5
4) Visibility: ; 1. 2 3 A 5
5) Linkage to parks/trails/etc: 1 2 3 4 5'
6) Able to be developed: 1 2 3 4 .5
7) Usability when developed:. 1. 2 3 •4 5.:
8) Utilities nearby: yes no
9) . Clear title: yes no
10) Does property comply with Park System Master-Plan? yes no
(eliminate deficiencies/increase acres per .1,000 pop.)
11) Will there be an adverse impact on parks maintenance? yes no'
12) Cultural significance: yes no
13) Are there unique features? yes no
14Y Does the property pose e-a liability? yes no
15) Is an initial intake investment necessary (FTE/$)? yes no
(fencing/clean-up/etc.)
16) Is the land involved in a mitigation situation? yes no
17) Is construction on the property prohibited by land yes no
use regulationsT If so, the city establishes that in these
cases, value of parks SDC credits are established at
ten-percent (10%) of the per-acre .value of greenway
set forth in the parks SDC methodology ($130,000
per acre) - 10%0 of $130,000 = $13,000 per acre.
18 Is the land subject to future development? yes no
(This criteria is to be generally used as a tie breaker.
when evaluating two or more properties, and all other
aspects being equal)..
If any criteria are marked yes, please provide a description and attach to this form.
Process and criteria to be used in determining whether to
recommend to Council to accept or reiect an offer to receive
offers of donated land, or to give a developer parks' SDC credit
in lieu of charging parks SDCs, or when purchasing land for
park and/or greenway purposes
PROCESS: When the City is offered a land donation, the property owner
must provide the City with a letter setting forth what it is they are proposing
to donate. The land owner must attach the following to the loiter:
1) plat of the property
2) lot map
3) topographic map
4) acreage
5) document showing clear title
6) description of utilities on, or nearby the property
7) any known uniqueness of the property
(cultural/trees/wetlands/floodplain/etc.)
8) all pertinent information/calculations related to a request for Parks
SDC credit
If donations are initiated with the Engineering or Community Development
Departments, it is essential that the Parks Division be notified immediately
so this criteria analysis can be completed and a recommendation be made to
Council on whether to accept or reject the offer.
i
AGENDA ITEM #
FOR AGENDA OF _ July 12, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY.
ISSUE/AGENDA TITLE A Resolution to Establish. a,Finaticial Strategy sk'Force and A oint Members
` PREPARED BY: Tom Imdielce DEPT BEAD OK CITY MGR OK UC _
ISSUE BEFORE TBE-COUN(ftL
Should the City Council. establish a Financial Strategy Task Force to prepare recommendations that the City Council will
consider in adopting measures to address the financial future of the City:
STAFF RECOMMENDATION
Approve the resolution.
INFORMATION SUMMARY
During the budget hearings for the FY 2005-06 budget, tliere.was-continued discussion regarding the variance between the
growth of City expenditures and revenues. Even though: the City has taken steps over the last few years to reduce
expenditures and adjust fees; the City's financial forecast is projecting a potential deficit in the General Fund as'early as FY
! 2008-09. Given the projection, the City Council wants to have more citizen involvement and input before deciding on what
future-steps should be taken to address the City's financial future. To receive this input, members of the Council see the need
to create a citizen-based task force to prepare recommendations that the Councilwill use in considering measures to the
improve the City's financial condition.
The Financial Strategy Task Force will consist of the citizen members of the Budget Committee, members of the Committee
for Citizen Involvement a representative from the Downtown Task Force, and &.representative from.the Transportation
Financial Strategies Task Force. The attached resolution outlines the `.charge" of the task force. It includes evaluating-City
program service levels, look at ways for the City to deliver sei vices in a more efficient or cost-effective manner, and identify
potential new revenue sources' such as the City begin. charging fees for service to those citizens that live outside the City
boundaries. Also review the option of asking the Tigard voters to approve a Local Option Tax Levy. It is expected that the
task force report back to the City Council by December 31, 2005.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMIlVIITTSE STRATEGY
N/A
ATTACHMENT LIST. .
.,Resolution establishing the Task Force and Appointing Members
FISCAL NOTES
N/A
AGENDA ITEM #
FOR AGENDA OF July 12, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE BRANDING/GRAPHIC IDENTITY DISCUSSION
y f
PREPARED BY: Elizabeth A. Newton (~w DEPT HEAD OK CR CITY MGR OK `
ISSUE BEFORE THE COUNCIL
An initial discussion regarding the City's branding/graphic identity redesign.
STAFF RECOMMENDATION
Review the audit of existing print materials and signage and the identities of adjacent and similarly sized
communities. Provide initial input to the designer on identity concepts:
INFORMATION SUMMARY
On May 17, 2005 the City Council interviewed two candidates.for graphic design consulting services to redesign
Tigard's graphic identity. Glen Marcusen was selected. At the July 12 Council Business meeting Mr. Marcusen
will briefly review the audit of the City's existing print materials and signage and present examples of the identities
of adjacent communities and cities with a comparable'population to Tigard. The focus of the meeting will be an
initial discussion to get input from Council members for identity concepts,'
A list, compiled by staff, of items and documents that currently display the City's logo is attached. Mr. Marcusen
will present representative samples to the Council at the meeting.
Also attached is a copy of the list of themes and valves developed by the Vision Task Force and included in the
request for graphic design services.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
1. Themes and Values Identified by Vision Task Force
2. Branding Logo Inventory
FISCAL NOTES
The contract with Marcusen Design is not to exceed $10,500.
i:\adm\city councilkouncil agenda item summaries\2005\ais forbranding050712.doc6/24/05
Exhibit 1
The Themes identified by the Tigard Beyond Tomorrow Vision Task Force
Trees
Trails, Tracks & Tributaries
Gateway to the Wine Country
Fanno Creek/Summer Creek
Trails Along the Creek
Creeks/Trails/Access
PeopleNoung People
Train Station/Railway Crossing
Pioneer
Downtown Skyline
Washington Square
Cook Park
Mt. Hood view
Urban Village
Hot Air Balloons
More than 99W
Not cars or traffic
The list of Values identified by the Tigard'Beyond Tomorrow Vision Task Force
Family Friendly
Sense of Community
Gathering Place/Hometown
Natural Resource Protection
Safe and Clean
A Place to Call Home- Livability
Trails, Tracks & Tributaries
Generations, Longevity, Circle of Life
Care About the Community/People
Pride
Quality
The Task ,Force members also suggested signs be to scale.
i:\adm\liz\letters\exhibit 1 to branding solicitation letler.doc4/8/05
Branding/Logo Inventory . 1 6/23/05
3-Ring Binders
Annex Lawn Sign into Building
Application Forms'
Artwork on Service Awards
Award Certificates
Bags (plastic and paper), '
Balloon Festival Banner
Banners
Board & Commission Applications
Bookmarks
Brochures
Budget. Document `
Building Services Applications
„ Building Windows
Business Cards
CAFR
Calendars
Checking Account Stock
City Cups (mugs)
City Exhibit at the Library
City Glasses
City Plaques
City Vehicles `
Coats
Conservation Kits.
Correction Notices for Code Enforcement
Corrugated Signs
COT Pins .
Credit for Leak Form
Customer Service Surveys
Directional.Signs
Display Agreement Forma
Displays
Door Hangers
Employee ID Badges
Employment Applications
Envelopes t
Equipment: Lawnmowers, etc.
Erasers
Expenditure Request Forms
Fax Forms
Folders
Hats
Informational Handouts
Branding/Logo Inventory 2 6/23/05
Informational Signs
Inspection Forms
Interpretive Signs
Job Announcements
Job Information Line cards
Labels
Letterhead
Library letterhead with Correct address
Lobby Signs
Map Legends
Memos
Nameplates for meetings
New Employee Packets
Notepads
Park Signs
Patron Comment Cards
Patron Suggestion Cards .
Paychecks
Permit Application Forms
Plans and Plat Maps
Police Business Cards
Police Cars
Police Electronic Keycards
Police Envelopes
Police Hand-out Pins
Police Letterhead
Police notecards
Police stationery pads
Police Uniforms
Portfolios & note pads.
Postcards
Posters
Pre-application Folders .
Pre-printed presentation binders
Presentation Boards
Promotional items: Frisbees, water bottles, pens, pencils, coin purses, trinkets, keycha ins, magnets
Public Brochures
Purchase Orders
Received Stamps
Records Request Forms
Regional materials we share with other agencies
Reports
Retirement Plaques
Return Address Labels
Branding/Logo Inventory 3 6/23/05
Rulers
Security Badges
Shirts
Stationery
Stickers
Thank-you cards & notes
Tidemark Cashier Receipts
T-Shirts
Utility Billing Auto-Withdrawal forms
Utility Billing Statement stock
Value Statement Signs
Vests & Safety Vests
Video lead-in that airs before City Council meeting on Cable
Visitor Badges
Volunteer Badges
Volunteer Materials - Recruitment forms, time sheets, etc.
Water Drop Magnets
Water Quality Reports
Website
Welcome to the City Brochures
Wildflower seed packets