City Council Packet - 10/11/2005
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
October 11, 2005
COUNCIL MEETING WILL BE TELEVISED
I;\Ofs\Donna's\Ccpktl
13125 SW Hall Blvd,,. Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
Agenda Item No. .1
For Agenda of 11, a • 0 5 Ai; L
CITY OF TIGARD
OREGON
Tigard City Council Meeting Minutes
Date: October 11, 2005
Time: 6:30 p.m.
Place: Tigard City Hall, 13125 SW Hall Boulevard
Tigard, Oregon
Attending: Mayor Craig Dirksen Presiding
Councilor Sally Harding
Councilor Sydney Sherwood
Councilor Nick Wilson
Councilor Tom Woodruff
Absent:
Agenda Item Discussion U Comments Action Items (follow up)
Study Session DISCUSSION OF PROPOSED TIGARD Council consensus was for
MUNICIPAL CODE AMENDMENTS staff to proceed as
RELATING TO THE BUILDING BOARD OF recommended and
APPEALS present this for Council
consideration at a future
Building Official Lampella presented information City Council meeting.
to the City Council. A copy of his September
29, 2005, memorandum regarding term
expiration dates for the Board of Appeals is on
file in the City Recorder's office.
Mr. Lampella recommended a staggered term
schedule as outlined in his September 29
memorandum.
> ADMINISTRATIVE ITEMS
9 Updates to the Business Agenda
o Agenda Item No. 5 will be set over to
the November 8, 2005, Council
meeting.
o Agenda Item No. 7 - The LCRB
consideration should be to:
• A motion to award and authorize the
City Manager to sign a contract for
design and implementation services
for the water system telemetry
Tigard City Council Meeting Minutes
October 11, 2005
Page 1
Agenda Item Discussion & Comments Action Items (follow up)
Study Session upgrade to Portland Engineering, Inc.
continued
o City Center Development Agency - The
Agency will not be asked to approve a
proposed resolution tonight. Community
Development Staff will present a report
on the Urban Renewal Plan and Report.
The resolution will be presented to the
CCDA for approval at its October 18,
2005, meeting. Public Hearing Notice
was sent to day; a copy is on file in the
City Recorder's office.
o Land Use Board of Appeals (LUBA)
decision on Ash Creek Estates was to
remand one item to the City Council.
Mr. John Frewing has filed an appeal
with the State Court of Appeals. If the
Court upholds the LUBA decision, the
Council review of the LUBA remand will
be specific to the one item relating to a
tree issue.
o Mayor Dirksen advised he would like to
propose that Tigard be considered as the
host City for the 2007 or 2008 Oregon
Mayors Association Conference. After
discussion, City Council members agreed
that Tigard should submit a proposal.
Costs would include a reception plus staff
support.
o Council reviewed the December City
Council meeting schedule and agree to
cancel the December 27 meeting and
change the December 20 meeting from a
workshop meeting to a business meeting.
o Council members received a copy of the
October 17, Agenda: Joint meeting with
the Tualatin City Council, Tigard City
Council, Tigard-Tualatin School District
Board and guests from King City Council.
Tigard City Council Meeting Minutes
October 11, 2005
Page 2
Executive The Tigard City Council went into Executive Staff will proceed as
Session Session at 6:54 p.m. to discuss labor directed by City Council
negotiations and consult with legal counsel in Executive Session.
regarding litigation likely to be flied under
ORS 192.660(2)(d) and 2(h).
Executive Session concluded at 7:22 p.m.
Business 1.1 Mayor Dirksen called the City Council and
Meeting the Local Contract Review Board to Order
at 7:31 p.m.
1.2 Council Present: Mayor Dirksen,
Councilors Harding, Sherwood, Wilson,
and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications 8t Liaison
Reports: None
1.5 Call to Council and Staff for Non-Agenda
Items: None
2. Mayor Dirksen:
Proclamations 2.1 Proclaimed October 22, 2005 as Make a
Difference Day
2.2 Proclaimed the week of October 10 to 17,
2005 as Start Making a Reader Today
(SMART) Week
2.3 Proclaimed the month of October, 2005
as Crime Prevention Month
3. Citizen
Communications Tigard High School Student Envoy Krista
Foltz presented a report to the City Council
on Tigard High School Activities. A copy
of her report is on file in the City
Recorder's office.
■ Dana Terhune testified requesting support
Tigard City Council Meeting Minutes
October 11, 2005
Page 3
for the Tigard Skate Park. She referred to
3. Citizen former Mayor Griffith's support for this
Communications program. Ms. Terhune advised that other
Continued sports activities are well represented in the
Tigard area and urged the City Council to
go forward with its support of the Skate
Park.
There was discussion about a grant
program, which could potentially help the
Skate Park. The Skate Park was
unsuccessful in securing funding from this
grant this .year. City Manager Prosser
noted that the opportunity for applying for
this grant occurs annually. Mayor Dirksen
noted that the City has agreed to match
fundraising up to $150,000.
Skate Park Task Force Chair Rich Carlson
noted that the City of Tigard Volunteer
Coordinator is looking for other potential
funding sources.. In the meantime, Mr.
Carlson said the question is, "What is Plan
B?" He said they hoped to be able to
answer that question.
■ Follow-up to Previous Citizen
Communication. City Manager Prosser
noted the following: -
In response to an inquiry from Paul Owen
regarding sidewalk and right-of-way
maintenance along Durham Road, Public
Works Director Koellermeier met with Mr.
Owen. This item will be scheduled in the
near future for further review by the City
Council.
Tigard City Council Meeting Minutes
October 11, 2005
Page 4
Agenda Item Discussion 8t Comments Action Items (follow up)
4. Consent 4.1 Approve Council Minutes for Motion by Councilor
Agenda September 13, 2005 Sherwood, seconded by
4.2 Receive and File: Councilor Harding, to
a. Council Calendar approve the Consent
b. Council Meeting Tentative Agenda Agenda.
4.3 Approve a Funding Request from St.
Vincent de Paul from the City's Residential The motion was approved
Services Agency Emergency Set-aside - by a unanimous vote of
Resolution No. 05 - 63 Council present.
A RESOLUTION APPROVING THE Mayor Dirksen Yes
FUNDING REQUEST FROM ST Councilor Harding Yes
VINCENT DE PAUL FROM THE CITY'S Councilor Sherwood Yes
RESIDENTIAL SERVICES EMERGENCY Councilor Wilson Yes
Councilor Woodruff Yes
SET-ASIDE
4.4 Discontinue the Local Improvement District
Formation Process for the Proposed 79'
Avenue Local Improvement District -
Resolution No. 05 - 64
A RESOLUTION DISCONTINUING THE
LOCAL IMPROVEMENT DISTRICT (LID)
FORMATION PROCESS FOR THE
PROPOSED 79T" AVENUE LID
5. Heritage This item will not be considered this evening. Heritage Tree Program set
Tree Program The action item before the City Council was a over to November 8,
resolution; however, the City Attorney advised 2005.
this should be adopted as an ordinance.
6. Public o City Attorney reviewed process for a Motion by Councilor
Hearing - Measure 37 claim. Attorney information Wilson, seconded by
Ballot on process is on file in the City Recorder's Councilor Sherwood, to
Measure 37 office. move for denial of the
Claim - Hi application based on
Hat o Mayor Dirksen opened the public hearing. insufficient evidence that
a loss of property value
o Associate Planner Pagenstecher presented has occurred as a result of
the staff report. A written staff report is on the sign code regulation.
Tigard City Council Meeting Minutes
October 11, 2005
Page 5
Agenda Item Discussion 8t Comments Action Items (follow up)
file in the City Recorder's office.
6. Public City Attorney Ramis
Hearing - o Public Testimony: confirmed that the above
Measure 37 motion was acceptable.
Claim Applicant
Continued o The applicant declined to make a The motion was approved
statement. by a unanimous vote of
Council present.
Opponent
o Robert Leith, 4822 SW Vacuna, Mayor Dirksen Yes
Portland OR 97219 said he supported Councilor Harding Yes
Ballot Measure 37 as something needed Councilor Sherwood Yes
Councilor Wilson Yes
to be done about takings. However, he Councilor Woodruff Yes
said he thinks this matter before the
City Council is a code issue rather than
a zoning issue. A code issue is not
protected under Ballot Measure 37.
Mr. Leith noted all businesses in face
restrictions, and he did not want visual
pollutions. He also encouraged the use
of outside appraisers. Mr. Leith said he
was speaking as an interested Oregon
resident. He urged City Council to
draw the line so the Metro area doesn't
turn into "Tobacco Road."
o Gretchen Buehner, 13249 SW 136`h
Place, Tigard, OR 97223 referred to
her history with billboard issues
including "Constitutionality." She
objected to signs such as the Fantasy
Video on Highway 99W. (The Mayor
later clarified that this sign is in the City
of Portland.) She noted the City
Council efforts to beautify the City of
Tigard.
Ms. Buehner said the Hi Hat has been
in the Tigard community for 35 years;
it is well known. She noted the
Tigard City Council Meeting Minutes
October 11, 2005
Page 6
Agenda Item Discussion U Comments Action Items (follow up)
6. Public property owners have not attended the
Hearing - City of Tigard Measure 37 hearings and
Measure 37 she said the property owners should
Claim speak so that citizens can hear what
Continued they have to say. She noted this claim
would not serve the public. She agreed
that this is a code issue and that the
code requirements do not have any
effect on the property valuation.
Rebuttal: None
o Staff Recommendation: City Attorney
Ramis asked the City Council to weigh the
facts to determine if this is a valid claim;
whether there has been a demonstration of
an impact on valuation. In addition, he
questioned whether property ownership
issues have been dealt with adequately.
Councilor Wilson asked about the chances
of the applicant prevailing on appeal if the
applicant does not testify at this hearing.
City Attorney Ramis advised he did not
think it would affect the applicant upon
appeal as the Court would hear the matter
anew. In response to a question about
whether the applicant would have to
present a case at court, City Attorney
Ramis said, "Yes."
Councilor Harding noted she had promised
to help beautify 99W and reduce clutter.
She said she found it difficult to believe a
billboard sign would add $600,000 of
value to the property.
Councilor Wilson noted he did not believe
Measure 37 protected income stream on
property. He noted the applicant does not
refer to property value and only talks about
Tigard City Council Meeting Minutes
October 11, 2005
Page 7
Agenda Item Discussion & Comments Action Items (follow up)
6. Public potential income. He noted the location of
Hearing - a billboard across the street and said it
Measure 37 should be a simple matter to discuss
Claim difference in valuation through use of
Continued comparables to determine fair market
value.
Councilor Sherwood questioned whether a
20-year lease for a billboard would enhance
property value.
Councilor Woodruff noted the concern with
precedence setting if this was approved,
citing the potential for every property to
have a billboard. He said he would draw
the line and say "No."
Mayor Dirksen advised he was respectful of
the spirit of Measure 37 and noted that
several weeks ago the City Council
approved a waiver for a Measure 37 claim,
as it appeared this claim met Measure 37
criteria. He said he does not see the same
reasoning applicable in this claim; the
claimant offers no proof to support the
request. Mayor Dirksen added that the
City of Tigard might be one of the first
cities to face a loss if this goes to trial. He
noted he does not support this claim citing
quality of life issues.
Councilor Woodruff said denial of the claim
should not be characterized as opposition to
Measure 37. Nothing in Measure 37
addresses generating revenue. He also
referred to the past City Council action
where a waiver was granted in response to a
claim; however, this is different.
Councilor Wilson noted the difficult
position for the City because no precedence
Tigard City Council Meeting Minutes
October 11, 2005
Page 8
Agenda Item Discussion a Comments Action Items (follow up)
6. Public has been established. He advised this has
Hearing - potential for great expense to cities.
Measure 37 However, approval of marginal or frivolous
Claim cases would erase the regulations put in
Continued place to ensure compatible development.
Councilor Woodruff noted ambiguity in
Measure 37 with regard to restrictions on
use of property as it applies to reducing fair'
market value vs. income producing ability.
o Mayor Dirksen closed the public hearing.
o Mayor Dirksen noted the City Council
would be considering a motion to direct
staff to prepare documents in order to pay
compensation, waive applicable regulations,
or deny the claim. Mayor Dirksen
suggested that if the City Council was to
move to deny the claim, that the grounds
be stated. He recommended that those
grounds be that the claim is denied because
this is an incomplete claim, based on the
fact that the applicant does not provide any
evidence of loss of market value. The
claimant is encouraged that if he was able
to produce such evidence or proof of loss
of market value, that he could reintroduce
the claim.
City Attorney Ramis, in response to a question (See motion above.)
from City Manager Prosser, confirmed that a
motion was sufficient for the decision by the
City Council. -
7. Local Mayor Dirksen recessed the Council meeting at Motion by Board Member
Contract 8:14 p.m. and called the Local Contact Review Wilson, seconded by
Review Board - Board (LCRB) meeting to order. Board Member Sherwood,
Contract for to award and authorize
Water System LCRB present: Chair Dirksen; Board Members the City Manager to sign a
Telemetry Harding, Sherwood, Wilson, and Woodruff.' contract for design and
Upgrade
Tigard City Council Meeting Minutes
October 11, 2005
Page 9
Agenda Item Discussion & Comments Action Items (follow up)
7. LCRB - implementation services
Water System Assistant Public Works Director Rager for the water system
Telemetry presented the staff report. A written staff telemetry upgrade to
Upgrade report and a September 22, 2005, Portland Engineering, Inc.
Continued memorandum from Assistant Public Works
Director Rager regarding the telemetry upgrade The motion was approved
is on file in the City Recorder's office. by a unanimous vote of
LCRB members present.
Staff recommended the contract be awarded to
Portland Engineering, Inc., taking advantage of Board Chair Dirksen Yes
a competitive bidding process for this work, Board Members
which was done by the joint Water Harding Yes
Sherwood Yes
commission. Wilson Yes
Woodruff Yes
Council members confirmed with the staff that,
if approved, the awarding of this contract
followed the letter and the spirit of the law and
that the ]WC contract and scope of work were
comparable to the project for the City of
Tigard. City Attorney Ramis also noted the
opportunity to contest the process was
available if there were concerns.
Adjournment Council meeting adjourned at 8:25 p.m.
(City Council meeting was followed City
Center Development Agency meeting.
Separate minutes for the CCDA meeting, have
been prepared.)
Cleri nle Wheatley, City Recorder
Attest:
Mayor, CC~ityy f Tigard
Date:
i Aadm\cathy\c=Q005\051011.doc
Tigard City Council Meeting Minutes
October 11, 2005
Page 10
QRevised Agenda: Removed Two Study Session Items as Shown (Rev. 10/7/05)
e xecutive ession tem egar ing itigation i e y to ccur ev. )
TIGARD CITY COUNCIL
MEETING
OCTOBER 1 1, 2005 6:30 p.m. o 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 503-639-4171, 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 - OCTOBER 11 , 2005 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
6:30 PM
• STUDY SESSION
ntc~; ;ccint.; OF Cnnun;Na Tnu
t e r;„,;„;ctrat;n„ Staff Set over to October 25, 2005
> DISCUSSION OF PROPOSED TIGARD MUNICIPAL CODE
AMENDMENTS RELATING TO THE BUILDING BOARD OF APPEALS
■ Community Development Staff
DISCUSSION ; RQ; iDCFT AMENDMENTS FOR C= OF TITC e nn
T~7TQ{TTTf'TL.T~V7T~"f'i .~T<7Tr~G1Tr~T'~V7TfCl'Y
-Ro-.,-rLa„-.G4o Q, PWIECT AND -r~R
0- 111 DI A.
t e rlr„;n;rtr~t;.,„ cuff Set over to November 8, 2005
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to
conduct labor negotiations, discuss Feal „r^„orty transaction negotiations, and consult
with legal counsel regarding litigation likely to be filed under ORS 192.660(2)(d),
Q4ke), and 2(h). All discussions are confidential and those present may disclose
nothing from the Session. Representatives of the news media are allowed to attend
Executive Sessions, as provided by ORS 192.660(4), but must not disclose any
information discussed. No Executive Session may be held for the purpose of taking any
final action or making any final decision. Executive Sessions are closed to the public.
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
COUNCIL AGENDA - OCTOBER 11, 2005 page 2
Mayor Dirksen to review:
7:35 PM
2. PROCLAMATIONS
■ Mayor Dirksen
2.1 Proclaim October 22, 2005 as Make a Difference Day
2.2 Proclaim the week of October 10 to 171 2005 as Start Making a Reader
Today (SMART) Week
2.3 Proclaim the month of October, 2005 as Crime Prevention Month
7:40 PM
3. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
■ Tigard High School Student Envoy Krista Foltz
■ Follow-up to Previous Citizen Communication
Youth Advisory Council member for City Council meetings not yet named. Mayor Dirksen to
review:
7:45 PM
4. 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:
4.1 Approve Council Minutes for September 13, 2005
4.2 Receive and File:
a. Council Calendar
b. Council Meeting Tentative Agenda
4.3 Approve a Funding Request from St. Vincent de Paul from the City's
Residential Services Agency Emergency Set-aside - Resolution No. 05 - 63
A RESOLUTION APPROVING THE FUNDING REQUEST FROM ST
VINCENT DE PAUL FROM THE CITY'S RESIDENTIAL SERVICES
EMERGENCY SET-ASIDE
4.4 Discontinue the Local Improvement District Formation Process for the
Proposed 791 Avenue Local Improvement District -
Resolution No. 05 -
A RESOLUTION DISCONTINUING THE LOCAL IMPROVEMENT
DISTRICT (LID) FORMATION PROCESS FOR THE PROPOSED 79T"
AVENUE LID
COUNCIL AGENDA - OCTOBER 11, 2005 page 3
• 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.
Agenda Item No. 5 will be set over to the November 8, 2005, City Council meeting.
7:50 PM
~!"ONISIIUR ADORTION! ()F T14E HEDIT~rt TREE= PROCR AM
Cuff Q
h (-n..nril Ili~r.«inn
0-5 _
Council Cvrr~onsidnratinmn. Resolution n - vim
mc~-acTr. -rv
8:05 PM
6. PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER A BALLOT MEASURE
37 CLAIM RELATED TO THE CONSTRUCTION OF A BILLBOARD ON THE
HI-HAT RESTAURANT PROPERTY
CLAIM:
The Claimant seeks a waiver of the sign standards which prohibit billboards on a .85
acre site. The amount claimed as compensation without such waiver is
$623,290.00.
AFFECTED REGULATION:
Sign code restrictions including: TDC 18.780.070.M, which prohibits billboards and
18.780.130.C, which provides further sign restrictions applicable to the C-G zone.
LOCATION:
11530 SW Pacific Highway; WCTM 1 S 136DA, Tax Lot 700. On the south side of
SW Pacific Highway, between SW 69`" and 71 S` Avenues.
ZONING DESIGNATION:
C-G: General Commercial District. The C-G zoning district is designed to
accommodate a full range o retail, office and civic uses with a City-wide and even
regional trade area. Except where non-conforming, residential uses are limited to
single-family residences which are located on the same site as a permitted use. A wide
range of uses, including but not limited to adult entertainment, automotive
equipment repair and storage, mini-warehouses, utilities, heliports, medical centers,
major event entertainment, and gasoline stations, are permitted conditionally.
APPLICABLE REVIEW CRITERIA:
Tigard Municipal Code Chapter 1.20.
a. Mayor Dirksen: Open Public Hearing
b. Attorney rim Ramis: Rules of Procedure
C. Declarations or Challenges::
COUNCIL AGENDA - OCTOBER 11 , 2005 page 4
Do any members of Council wish to report any ex parte contact
or information gained outside the hearing, including any site
visits?
Have all members familiarized themselves with the application?
Are there any challenges from the audience pertaining to the
Council's jurisdiction to hear this matter or is there a challenge
on the participation of any member of the Council?
d. Staff Report: Community Development Department
e. Public Testimony
Proponents
Opponents
Rebuttal
Note: City Attorney advises that because the Council does not need to
continue the hearing or provide for additional time for written post-
hearing submissions (although it could do so if it wished), the Council
should consider allowing additional rebuttal at the end (Le. opponents
can rebut new evidence or arguments in the applicant's rebuttal, and
the applicant can then further rebut. The applicant should have the
final rebuttal.
f. Staff Recommendation
g. Council Discussion
h. Mayor Dirksen: Close Public Hearing
I. Council Consideration: Motion directing staff to prepare documents in order to:
pay compensation, waive applicable regulations or deny the claim.
COUNCIL AGENDA - OCTOBER 11, 2005 page 5
Recess Council Meeting
Convene Local Contract Review Board - Roll Call for Chair Dirksen and Board Members
Harding, Sherwood, Wilson and Woodruff
8:35 PM
7. LOCAL CONTRACT REVIEW BOARD (LCRB) - CONSIDER A CONTRACT
FOR DESIGN AND IMPLEMENTATION SERVICES FOR THE WATER
TELEMETRY UPGRADE
a. Staff Report: Public Works Staff
b. LCRB Discussion
C. LCRB Consideration: A motion to award and authorize the City Manager to
sign contract for design and implementation services for the water system
telemetry upgrade to Portland Engineering, Inc.
Adjourn LCRB Meeting
Reconvene City Council meeting.
8:45 PM
8. COUNCIL LIAISON REPORTS
8:55 PM
9. NON AGENDA ITEMS
10. EXECUTIVE SESSION: The Tigard City Council may go. into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced identifying the applicable statute. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),
but must not disclose any information discussed. No Executive Session may be held
for the purpose of taking any final action or making any final decision. Executive
Sessions are closed to the public.
9:15 PM
11. ADJOURNMENT
COUNCIL AGENDA - OCTOBER 11, 2005 page 6
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING'
October 11, 2005 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
6:30 PM
• STUDY SESSION
DISCI SS10-1\I nG GIS CO ORDINIATOR POSITION
f e drn;nktrat'an Stiff Set over to October 25, 2005
> DISCUSSION OF PROPOSED TIGARD MUNICIPAL CODE AMENDMENTS
RELATING TO THE BUILDING BOARD OF APPEALS
■ Community Development Staff
DISCUSSION ON BUDGET AMENDMENTS
RRd4AIDING/LOG^ P _ IErl A I ID AINI RFINIF ie~ DI IRI IC al ITRF CC14
Rl AN'
f e rlminostratinn Cuff Set over to November 8, 2005
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to conduct
labor negotiations, discuss real nropeny transaction Megotiations, and consult with legal
counsel regarding litigation likely to be filed under ORS 192.660(2)(d), Q-Ae), and 2(h).
All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions, as provided by
ORS 192.660(4), but must not disclose any information discussed. No Executive Session
may be held for the purpose of taking any final action or making any final decision.
Executive Sessions are closed to the public.
After Executive Session and in open session, if staff was given direction from City Council, announce
"Staff shall proceed as directed by the City Council during the Executive Session."
> ADMINISTRATIVE ITEMS
9 Updates to the Business Agenda (please refer to the printed Agenda on green paper.)
o Agenda Item No. 5 will be set over to the November 8, 2005, Council meeting.
o Agenda Item No. 7 - The LCRB consideration should be to:
■ A motion to award and authorize the City Manager to sign a contract for design
and implementation services for the water system telemetry upgrade to Portland
Engineering, Inc.
o City Center Development Agency - The Agency will not be asked to approve the
resolution tonight. Community Development Staff will present a report on the
Urban Renewal Plan and Report. The resolution will be presented to the CCDA for
approval at its October 18, 2005, meeting.
Administrative Items Continued on Next Page...
❑X Legal Counsel advised staff that John Frewing appealed the LUBA decision on Ash Creek
Estates to the State Court of Appeals
• Discuss Hosting the Oregon Mayon Association Conference.
• Discuss December Council meeting schedule. Consider canceling December 27 meeting
and designate the December 20 workshop meeting as a business meeting? The first Council
meeting for 2006 is scheduled on January 10. Discuss potential dates for the Council goal
setting meeting.
• Reschedule meeting with Joe Hertzberg.
O Remind Council members:
o Loaves and Fishes will be providing dinner for Council members at City Hall at 6 p.m.
on October 18, 2005.
o joint meeting with neighboring jurisdictions is on October 17, at 5 p.m. (Also noted
on calendar below.) The Agenda is attached.
Council Calendar:
October
11 Tuesday City Council Business Meeting, 6:30 p.m.
17 Monday Joint Meeting with Cities of Tualatin, King City, and Durham as
well as the Tigard Tualatin School Board - 5:00 p.m., Tualatin
Police Department
18 Tuesday City Council Workshop Meeting, 6:30 p.m.
25 Tuesday City Council Business Meeting, 6:30 p.m.
November.
8 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall
10-12 Thurs- League of Oregon Cities Conference - Eugene
Sat.
11 Friday Veteran's Day - City Offices Closed
15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
22* Tuesday Council Business Meeting - 6:30 pm, Town Hall
24-25 Thurs & Fri Thanksgiving Holiday - City Offices Closed
29 Tuesday 5`h Tuesday Council Meeting - 7-9 p.m., Tigard Water
Auditorium
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) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives
adopted by the governing body, the employment-related performance of the
chief executive officer, a public officer, employee or staff member unless the
affected person requests an open hearing. The standards, criteria and policy
directives to be used in evaluating chief executive officers shall be adopted by
the governing body in meetings open to the public in which there has been an
opportunity for public comment.
192.660 (2) (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.
i:1adm%cathylcounclhpink sheet • study session agendast2005t051011ssa.doc
A
Item No. 5flud 5e5Sicr
For Council Meeting of ~C 11 200s
MEMORANDUM
TO: City Council
FROM: Gary Lampella
U
RE: Term Expiration Dates for the Board of Appeals
DATE: September 29, 2005
The Building Appeals Board hears and decides appeals of orders and decisions made
by the Building Official. The Board consists of seven members who serve 4 year terms.
When the Board was originally established, an oversight was made with regard to the
term expiration dates. All Board members currently have terms that end on the same
date - April 1, 2006.
1 am recommending a staggered term schedule so that two members will initially have
terms that will expire on 4/1/08; two members will have terms that will expire 4/1/09; and
three members will have terms that will expire 4/1/10. At the end of the respective
terms, new members will be appointed to a new 4 year term. Following such a
staggered schedule will ensure that Board members will not have terms that expire on
the same date.
Attached is a matrix to illustrate the staggered timeline for terms.
4-year
3-year
2- ear
Terms expire 4/01/06 4/01/06 4/01/07 4/01/08 4/01/09 4/01/10 4/01/10 4/01/12 4/01/13 4/01/14 4/01/15
Member 1 X X
Member 2 X X
Member 3 X X
Member 4 X X
Member 5 X X
Member 6 X X
Member 7 X X
4-year terms
Since all the members of the Board of Appeals have term that expire on the same date, April 1, 2006, a new staggered
term matrix will be necessary to transition into regular 4-year terms. The following explains how the terms will be
implemented:
• Members 1&2 are initially appointed for a 2-year term until 4/01/08, and then new members start 4-year terms
• Members 3&4 are initially appointed for a 37year term until 4/01/09, and then new members start 4-year terms
• Members 5,6,&7 follow a regular 4-year term appointment
op,
di
NOTICE OF SPECIAL MEETING
JOINT MEETING WITH TUALATIN CITY COUNCIL,
TIGARD CITY COUNCIL, TIGARD-TUALATIN SCHOOL DISTRICT BOARD
AND GUESTS FROM KING CITY CITY COUNCIL
Notice is hereby given that there will be a special meeting of the Tualatin City Council, Tigard City
Council, Tigard-Tualatin School District Board and King City Council Members on Monday, October
17, 2005, 5:00 to 6:30 p.m. at the Tualatin Police Facility, located at 8650 SW Tualatin Road,
Tualatin, Oregon.
The primary purpose of the joint meeting is to discuss the following:
• Intergovernmental School District/City law Enforcement Issues, including:
o Truancy Regulations;
o Methamphetamine - What Actions are City and School District Officials Taking?
o School District Reaction to Possible K-9 Sweep through Schools.
• Washington County Planning on Bull Mountain - Policy Implications for Tualatin?
• Overview of Tualatin's Urban Renewal Program and Status Update of Tigard Urban Renewal;
• Tigard Discussion with School District Officials about Possible Land Purchases;
• Tualatin Discussion with School District about Disposition of the old Tualatin Elementary
School and the Tualatin Food Pantry;
• School District Tobacco Policy;
• Positive Aspects of the Tualatin Skate Park;
• Other Topics That May Arise.
Following the Joint Meeting, the Tigard-Tualatin School District Board will hold a business
meeting regarding School District issues.
Assistive Listening Devices for persons with impaired hearing can be scheduled for this meeting by calling
692-2000 (voice) or 692-0574 (Text Telephone) no later than 24 hours prior to the meeting.
The City will also upon request endeavor to arrange for a qualified sign language interpreter for persons with
speech or hearing impairments. 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. two
working days prior to the meeting date (same phone numbers as listed above: 692-2000 or 692-0574).
■
. Alk
•
i.
Host City • Oregon • Conference 2007-2008
Proposal
Request for City of Tigard
13125 SW Hall Boulevard, Tigard OR 97223
Liz Newton, Assistant to the City Manager
Phone: 503-718-2412
Fax number: 503-684-7297
E-mail address: liz@tgard-or.gov
Services needed:
Conference Hotel to accommodate 80+ rooms (government per diem) Embassy Suites
Complementary suite for OMA President Wed, to Sunday
Transportation to & from conference center
Conference breakout rooms
Meals provided on-site
Large Room for Registration/ Reception (120 attendees) Tigard Library Community Room
6fee waived Tigard Water District Auditorium
Host City covers cost of Thursday Welcome reception for 120
Host City provides tours for spouses & guests -includes transportation & refreshments
Technical/Informational Sharing:
24-hour Police Service
Public Works (storm, sewer, roads, parks and fleet & facility maintenance)
Tour of Wilsonville Water Treatment Plant
Human Resources
Municipal Court
Utility Billing
Finance
Community Development
Building Division
Current Planning Division
Long Range Planning Division
Engineering Services
Public Library
Volunteer Services Department
Possible Schedule of events:
Picnic at Cook Park
Bridgeport Village Shopping Experience
Tour of Gerber Blades
Tualatin Valley Commnity Band performance
Broadway Rose Theater Company Play
Tigard Area Historical & Preservation Association Tours of area
City background:
Incorporated September 11, 1961, the City of Tigard is Oregon's eleventh largest city. The City is currently _
underway on a process for urban revitalization and is the first city in'of jurisdiction to install and operate
high tech cameras and microphones in it's police cars.
i:\adm\joanne\council and related material\oma host city outline 051006.doc10/6/05
~15~r'oa~o d
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: CITY OF naARo
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, Community Development
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER Shaping A Better Community
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD. BEFORE THE TIGARD PLANNING
COMMISSION ON MONDAY, OCTOBER 31,2005, AT 7:00 PM, AND BEFORE THE TIGARD CITY COUNCIL
ON TUESDAY, NOVEMBER 22, 2005, AT 7:30 PM ON THE POSSIBLE ADOPTION OF AN URBAN RENEWAL
PLAN FOR THE TIGARD CITY CENTER AREA THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE
TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
THESE HEARINGS ARE. FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC.
FILE NOS.: MIS 2005-00017
FILE TITLE: TIGARD CITY CENTER URBAN RENEWAL PLAN
APPLICANT: Center City Development Agency
13125 SW Hall Boulevard
Tigard, OR 97223
REQUEST: The Center City Development Agency requests the Planning Commission to
recommend to the City Council adoption of the Tigard Center City Urban Renewal
Plan and requests that the Council approve the kin, subject to voter approval, and
refer it to the voters.
LOCATION: See attached map.
COMPREHENSIVE
PLAN
DESIGNATION: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD). .
ZONE: CBD, CBD (PD), C-G, C-P, R-4.5, R-12, R-12 (PD).
APPLICABLE
REVIEW
CRITERIA: ORS 457.095; Tigard Comprehensive Plan Policies.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES
OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF
PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND
AVAILABLE AT CITY HALL.
w
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE
CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND
QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. ' PLEASE. CALL 503-639-4171, EXT. 2438
(VOICE) OR 503-684-2772 (TDD -TELECOMMUNICATIONS 6EVICES FOR THE DEAF).NO LESS THAN
ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS.
PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN
TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC
HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC
HEARING,,THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM
THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN
TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER
MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC. HEARING AND TAKE
ACTION ON THE APPLICATION. THE PURPOSE. OF THE PLANNING COMMISSION'S REVIEW IS TO
MAKE A RECOMMENDATION TO THE .CITY COUNCIL. ` THE COUNCIL WILL THEN. HOLD A PUBLIC
HEARING ON THE ITEM AT'A LATER DATE.
ALL DOCUMENTS. AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED. FOR TWENTY-FIVE CENTS (25~) PER
PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE. TIME OF THE`REQUEST. AT LEAST
SEVEN (7) DAYS PRIOR TO THE HEARING; A COPY OF THE STAFF REPORT WILL BE AVAILABLE
FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~).
PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DUANE ROBERTS AT
503-639-4171 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, O BY
EMAIL TO Duane@ci.bgard.or:us.
lv ✓
141,
~ f
1 fa j
t - _
FAST FA CTS
about the Tigard City Center Urban. Renewal Plan
The City of Tigard currently is considering an urban renewal -plan for the downtown area. It is important
that you as a citizen or property owner be informed.
What is the purpose of the City Center Urban Renewal Plan?
The purpose of the City Center Urban Renewal Plan is to. provide improvements in the downtown area so
that it will be economically healthy while maintaining its "uniquely Tigard" character. A downtown that. is
developed to its full potential provides a greater selection of goods and services, provides greenspaces
and public, open.; spaces, jobs, housing opportunities, and a stronger tax base. The. intended . purpose of . .
the urban renewal plan is to make Tigard's downtown such an area.
Establishment of an Urban Renewal Plan will provide a funding mechanism for the redevelopment of
downtown Tigard. In addition, it will provide for consistency in standards of development.
What does urban renewal look like?
The City is currently developing an urban renewal district and plan for Tigard's historic Main Street area
and surrounding neighborhoods, with the intent of proposing a "tax increment" financing measure to the
community's voters in May 2006. You will be hearing more about the plan and ballot measure in the
coming weeks.
Want to know what urban renewal looks like? Just take a look at two of our closest neighbors = Sherwood
and Tualatin. The Tualatin Commons, that community's downtown, is an example of urban renewal.
And Sherwood's Old Town District is partof a larger urban renewal area that also includes commercial
and industrial property nearer to Six Corners. Many improvements in Old Town are a direct result of urban
renewal.
in Portland many "signature" spaces such as the Waterfront Park, RiverPlace and Pioneer Courthouse
Square are a direct outcome of urban renewal. And Hillsboro's Orenco Station is yet another development
that is part of an urban renewal district.
Looking for more information? Call or visit the city halls in these communities - most also have information
available on their websites. And stay posted to Tigard's website and newsletter for frequent tidbits of
information on our local urban renewal plan.
How long will the urban renewal district and tax increment financing last?
The urban renewal district is proposed to last 20 years.
How will the improvements.. in the urban renewal plan be paid for?
Urban renewal districts use a financing method known as "tax increment financing." Under tax increment
financing, if the value of a property increases, the property taxes on the increased ;value go to the urban
renewal district to be used on urban renewal plan projects. Urban renewal projects may be financed by
bonds, and any debts incurred are repaid from the tax increment financing proceeds. Other funding
sources, such as grants, may pay for some projects.
Will this mean that there is less money for schools, police & fire, or streets and parks?
Property taxes based on the existing value of properties will still :be paid as before - only the taxes on the
increase in value will be used for urban renewal. In many cases, the increase in value will be the result of
the urban renewal, so the increase in value and property tax revenues, would not have occurred without
urban renewal. There is a possibility that the City, the school district and other taxing districts in the short
term will receive less revenue than they would have otherwise as a result of the use of, tax increment
financing, but their revenue from properties in the area will not be reduced from current levels.
When the urban renewal plan is completed and paid for, all the property tax revenues will go to the
existing taxing districts. Because the value of the properties in the area is expected to increase because
of urban renewal, in the long run it is anticipated that urban._renewal will result in more property tax
revenues for the City and districts that provide schools, police and fire, parks, and other public facilities
and services.
Will my property taxes. increase in. order to pay for the cost of the improvements
contemplated by this plan?
. No., . Basic property tax rates are fixed and will not change: The financing proposed for the plan does not.,
include local option levies or assessments but instead plans for use of tax increment proceeds, use of
funds generated by existing taxes at current tax rates, and grants.,
Isn't it true that with Urban ,Renewal in place property owners can be forced to sell or
modify their property?
The Plan does not propose any forced sale of property. Whether or not urban renewal is in place; the City
has the power to condemn property for public use., However., the plan does not propose that the City use
its condemnation power in connection with the urban renewal plan. The plan does not require any
property owners to modify their property, and the City does riot have the authority to require property
owners to modify their property, except to abate nuisances.
Where can l get more information?
PUBLIC MEETINGS:
• Joint City Council/Planning Commission UR Workshop; Tuesday, October 18, 2005,
7:00 PM. Informational. City Hall, 13125 SW Hall. Boulevard, Town Hall.
• Tigard. Planning Commission Public Hearing: Monday, October 31, 2005, 7:00 PM.
Public testimony taken. City Hall, 13125 SW Hall Boulevard, Town Hall.
• Urban Renewal Open House: Thursday, Noveriiber 10, 2005, 6:30-8:30 PM.
Informational. Tigard Public Library, 13500 SW Hall Boulevard, Community Room
• Tigard City Council Public Hearing: Tuesday; November 22, 2005,.7:30 PM. Public
testimony taken. City Hall, 13125 SW Hall Boulevard, Town Hall Room
INFORMATION SOURCES: .
City Hall, 13125 SW Hall Boulevard, Town Hall The Tigard City Center Urban Renewal Plan, along with
other urban renewal information, is available on the City of Tigard webpage:. http://www.fgard-or.gov/ur.
- Copies of the Plan also are available for viewing in the Tigard Public Library, located at 13500 SW Hall
Boulevard. Inquire at the. second floor reference desk.
- A copy of the Plan may be obtained by writing to the Planning Division (address below) or by. calling 503-
718-2409.
Questions? Contact the Urban Renewal email or voice hotlines:
• DURHA-ci.tinard.ur.us and 503-718-2409.
Planning Division
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
w r: ° a F F, n + ti,> a i Item No. 2.
01 i
For Council Meeting of oc-t / 2045
~ ~t ti y
F,
PROCLAMATION .
Make A Difference Day
WHEREAS, serious social problems concern our nation and threaten Its future; and
.
WHEREAS, connecting with others and working together through volunteer service can bridge
tj► _
` the differences that separate people and help solve serious social problems; and
t WHEREAS, we, the American people, have a tradition of philanthropy and volunteerism; and
WHEREAS millions of self-sacrificing Individuals touch and enhanc the lives of millions on the
l~ afi~ n. annual day of doing good by giving where there was a need, rebuilding what had been torn down,
teaching where there was a desire to learn and inspiring those who had lost hope; and
WHEREAS, USA WEEKEND Magazine and Its affiliate newspaper and The Points of Light
Foundation and its affiliate volunteer centers have joined to promote the fourteenth annual
~,lUlG• national day of doing good that celebrates and strengthens the spirit of volunteer service; and
•~j~il.'.,x. SFn7~Iiil,
@ WHEREAS, volunteer service is an investment in the future we all must share;
NOW THEREFORE BE IT RESOLVED THAT I, Craig Dirksen, Mayor of Tigard, on behalf of
the entire City Council, do hereby proclaim: `
October 22, 2005 as
Make A Difference Da
In Tigard, Oregon, and urge my fellow citizens to observe this day by connecting with friends, `m~lQlitli~;
> ..FN r fellow employees and relatives and with religious, school and civic groups to engage in projects benefiting their community.
Dated this day of 2005.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard
to be affixed.
4
Craig Dirksen, Mayor r
City of Tigard
Attest:
City Recorder
t;`ifs'`" m~G•
t~> i ~ tt1 ~ ~ ~•,iitG~``g~~te~' - ~'it~`„~',kz ~ztn~tl ~ e +~a
Item No. 2.2
x v r vt ° r n K a u
'.''~'C~1ti aa' ~ aa A ~rn*^, Gt a g A hF 3 ~ F 2 ~
e e n e r Y Oe~
For Council Meeting of ll ZOO'
,
B , !
m :
PROCLAMATION! 1
e ~ W ` S! bvxmn~~ "s,
SMART (Start Making a Reader Today) Week
~ WHEREAS, Oregon has long recognized the importance of programs that prevent serious future
vrt/i( iJU~rl~' ;%tla,'w15.'3 I~{l,~
problems, reduce public cost and allow children to grow into healthy, productive adults; and
WHEREAS, Oregon communities recognize the need for each generation to take care of the next `
and that all children, whether our own, our neighbors, or children we don't know, are our
collective responsibility; and
WHEREAS, The SMART (Start Making a Reader Today) book and reading program Is Oregon's uE4,~t
a y n
{1; leading community-based volunteer program dedicated to Increasing literacy among elementary
. school students; and
WHEREAS, The SMART program served more than 11,000 children throughout Oregon during,
£ ' the 2003-04 school year and served more than 77,000 children since the program started 12 ;1-
years ago; and M X11,
WHEREAS, it is important to the future of Oregon to:
♦ develop confident and enthusiastic readers who can read at grade level by the
time they leave elementary school, .
♦ Increase the number of students graduating from Oregon high schools,
♦ provide a more productive and literate workforce,
;11111"I ♦ provide an opportunity for adult volunteers to transform young live, and
nlli'''
♦ strengthen the connection between children and their communities.
NOW THEREFORE BE IT RESOLVED THAT I, Craig Dirksen, Mayor of Tigard, on behalf of
the entire City Council, do hereby proclaim: F
'nt.:<ti(=
the week of October 10 - 17, 2005 as
SMART Week
and encourage all Tigard citizens and businesses to join in this observance. C
Dated this day of 2005. ~~•s•,t"r~(~i:` ~E~
YJ 4'
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard ~~v`...•••"'
to be affixed.
;;;,~h~iip~i•;ra~ ; ,f,~1~4JJ~l~
Craig Dirksen, Mayor
rD' 1~' 1
Uw
City of Tigard
Attest:
;~il~lll City Recorder
1
Kt,'r
!li.Tx~@}~•<~?4 ~p •~y r ,,,r• tt~~C,,,. ~ c 9 ~ 7~~i!tA t}s rn ` yr,B y,5 ~ 'hl i"'.
` fr 9,I~j►ifi'~'TM ! '~,~d n'a4!!I{t}.~f lilDe, lilile;•~r lIi111~7 IUD' r. ",II ~l >x r r¢, lry,•..
Item No. 2.3
For Council Meeting of 61~2-t, 2005
N, 4
tt~st±j:. 5
PROCLAMATION
{ Crime Prevention Month
WHEREAS, the vitality of our State depends on how safe we keep our homes, neighborhoods,
iltt Gig
schools, workplaces and communities; and
WHEREAS, crime and fear of crime destroy our trust in others and in civic institutions,
threatening the community's health, prosperity, and quality of life; and
WHEREAS, people of all ages must be made aware of what they can do to prevent themselves
ilUGp and their families, neighbors, and co-workers form being harmed by crime; and fi11t
` WHEREAS, the personal injury, financial loss, and community deterioration resulting from crime
' are Intolerable and require Investments from the whole community; and
WHEREAS, crime prevention Initiatives must include self-protection and security, but they must
y~w,liji< go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive opportunities for young people; and ri 'aYe l
WHEREAS, adults must invest time, resources, and policy support in effective prevention and
Intervention strategies for youth, and teems must be engaged In driving crime from their
communities;
WHEREAS, effective crime prevention programs excel because of partnerships among law q
,tjRGM enforcement other government agencies, civic groups, schools, faith communities businesses and,
n'
Individuals as they help to nurturecommunal responsibility and instill pride;
NOW THEREFORE BE IT RESOLVED THAT 1, Craig Dlrksen, Mayor of Tigard, on behalf of
s E the entire City Council, do hereby proclaim:
n' October 2005 as
Crime Prevention Month
g In Tigard and urge all citizens, government agencies, public and private Institutions, and businesses
to Invest in the power of prevention and work together to make Oregon a safer, stronger, and a ri ..N
more caring community.
Dated this day of 2004. i~
IN WITNESS WHEREOF, I have hereunto set m hand and caused the Seal of the City of Tigard
to be affixed. i
Craig Dirksen, Mayor
City of Tigard cc
Attest:
F`
City Recorder
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TIGARD HIGH LEADERSHIP
9000 SW DURHAM ROAD • TIGARD • OREGON• 97224
(503) 43 1 -55 1 a 0 FAX (503) 43 1 -54 1 O
HTTP://THS.TTSD.K 1 2.0R.US/LEADERSHIP/H0ME.HTML
2b05-2`006' City Council Student Report: September 13,2005
Nothing il ess:'" Student Envoy: Krista Foltz
J
y 4 rq:
~c V1 a Director
~ur~Ecl'#I~r{t I. Academics
a. Month into school
President: i. The new building has really
Krlsta`F.oltz decreased congestion
~iea~'rd~nt: II. Athletics
as . wu s ,
fi Jillian Iker' r a. All teams have started league play
b. Football team is going strong just had a
. gctivitl ~ '
Jasmiria. dominating win over Newberg (41-7)
Dizdarevlc .III. Arts
a. Choir
Secretary i. Choralation will be singing at the
Karyn Silva
Metro Chamber Choir Festival on
Treasurer 7' October 29th
4 Charlie Sandkio b. Band
i. Participated in the Sunset Classic
Human:Relations:lplll-J on October 1st, took third
ii. Next competition is this weekend
qi semblies c. Theatre
J'ae`Specht ~~!J` i. Rehearsing for their current play
"The Dining Room", which opens
Spirit 1~ in November
T!~'BD `fl~4
b\ M
4};, IV. ACTIVITIES
c~ ,k ' W +r1.5 ik .
pubuditya. Homecoming Week
Heck►lison " i. Powderpuff was Tuesday October
Tech Coordinator: 4th, a fundraiser for the Junior
Austin Rufener CIaSS
ii. Homecoming Parade on Friday
q October7th at 5pm
T r 1. Congratulations to our King
and Queen Mau Nomani
and Joslin Alexander
ur ;r s iii. Homecoming Dance was
Saturday form 8-11
,
" iv. A VERY SUCCESSFUL WEEK!
MEMORANDUM
A 11 - k
CITY OF TIGARD
TO: Honorable Mayor and City Council Agenda Item No. mil, 2-a-
For Agenda of October 11, 2005
FROM: Cathy Wheatley, City Recorder
DATE: October 4, 2005
SUBJECT:- Three-Month Council Calendar
Regularly scheduled Council meetings are marked with an asterisk
October
11 * Tuesday Council Business Meeting - 6:30 pm, Town Hall
17 Monday Joint Meeting with Cities of Tualatin, Durham and King City, and with the
Tigard-Tualatin School Board, 5:00 p.m. - Tualatin Police Facility, Steve
Winegar Meeting Room, 8650 SW Tualatin Road, Tualatin, Oregon
18* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
25* Tuesday Council Business Meeting - 6:30 pm, Town Hall
November
8* Tuesday Council Business Meeting - 6:30 pm, Town Hall
11 Friday Veteran's Day - City Offices Closed
15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
22* Tuesday Council Business Meeting - 6:30 pm, Town Hall
24-25 Thurs & Fri Thanksgiving Holiday - City Offices Closed
29 Tuesday 5m Tuesday Council Meeting - 7-9 p.m., Tigard Water Auditorium
December
13* Tuesday Council Business Meeting - 6:30 pm, Town Hall
20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
26 Monday Christmas Holiday - City Offices Closed
27* Tuesday Council Business Meeting - 6:30 pm, Town Hall
Badm\cily council\3-month calendar for 10-11-05 cc mtg.doc10/4/05
3-Month Council Calendar - October to December 2005 1
Agenda Item No. +2_6
1
Tigard City Council Tentative Agenda 2005 Meeting of t, /A 2005
Meeting Date: October 17, 2005 Meeting Date: October 18, 2005 Meeting Date: October 25, 2005
Meeting Type[Time: Jt. Mtg/ 5:00 PM Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m.
Location: *Tualatin Police Facility Location: City Hall Location: City Hall
Greeter: Greeter: Greeter:
Materials Due @ 5: October 3, 2005 Materials Due @ 5: October 4, 2005 Materials Due @ 5: October 11, 2005
Bid Opening Deadline: Bid Opening Deadline: October 3, 2005 Bid Opening Deadline: October 10, 2005
Scan Deadline @ noon: Scan Deadline @ noon: September 30, 2005 Scan Deadline @ noon: October 7, 2005
Req to Sched Due @5: September 9, 2005 Req to Sched Due @5: September 16, 2005 Req to Sched Due @5: September 23, 2005
Televised: No Televised: No Televised: Yes
Attorney Attends: No Attorney Attends: No Attorney Attends: No
Study Session
Joint Meeting with Cities of Tualatin, Durham, 1. Jt. Meeting with Senior Center Board - Loreen Process Review for RFP - Legal Services -
King City & TTSD 30 min. (Loaves & Fishes will provide Council Joe B. - 20 min.
Tualatin Police Facility with dinner - 6 p.m.)
Steve Winegar Meeting Room Jt. Meeting with Tree Board on Proposed
8650 SW Tualatin Road Alterations to Chapter 18 and Amend Tree
Tualatin, Oregon Board Resolution - Dennis - 30 min. Time Available: 45 min - 20 scheduled/25 left
RECESS COUNCIL MEETING FOR Consent Agenda
JOINT CCDA/CC/PC Present 3rd Quarter Goal Update - Joanne
Urban Renewal Urban Renewal Plan Workshop Budget Amend 4 for GIS Coordinator -Tom I.
Truancy Ordinances Duane - 45-60 min.- Jeff T & Gary F. Budget Amend 5 for Expend Homeland Security
Land Purchases and Sales Grant Funds - Wash Sq Mall - Tom I.
RECONVENE COUNCIL MEETING Two Budget Amendments: Branding &
E-Mail Discuss. - Tom I. (Nadine, Cathy) - 20 min Urban Renewal Public Outreach Plan
Update on WCCLS - Margaret - 15 min. Amend TPOA Addendum - Side G Letter - Bill
Update on Enhanced Citizen Involvement Consider Increasing Tree Board Citizen
Opportunities - Liz - 15 min. Members from 4 to 5 - RES - Dennis
Branding/Logo Design - Liz - 30 min. Business Meeting
Tigard Access Plan Progress Report - TriMet
General Manager Fred Hansen - Tom C. - 25 min
Request by Tri-Met for above to be first...
Meet w/ODOT Region 1 Mgr. Matthew Garrett -
Gus - 20 min.
PHQJ - Sunrise Annexation - ZCA 2005-0004 -
Tom C. - 15 min.
Annual Police Report - Bill D. - 30 min.
Status Update - TGM Grant for 99W Corridor
Improvement & Management Plan - Gus - 10 min
Time Avail: 200 min. - Time Scheduled: 200 min. Time Avail.: 135 min. - Time Scheduled: 100 min
Time Left: Meeting full. Time Left: 35 min
10/4/2005 1
Tigard City Council Tentative Agenda 2005
Meeting Date: November 8, 2005 Meeting Date: November 15, 2005 Meeting Date: November 22, 2005
Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m.
Location: City Hall Location: City Hall Location: City Hall
Greeter: Greeter: Greeter:
Materials Due @ 5: October 25, 2005 Materials Due @ 5: November 1, 2005 Materials Due @ 5: November 8, 2005
Bid Opening Deadline: October 24, 2005 Bid Opening Deadline: October 31, 2005 Bid Opening Deadline: November 7, 2005
Scan Deadline @ noon: October 21, 2005 Scan Deadline @ noon: October 28, 2005 Scan Deadline @ noon: November 4, 2005
Req to Sched Due @5: October 7, 2005 Req to Sched Due @5: October 14, 2005 Req to Sched Due @5: October 21, 2005
Televised: Yes Televised: No Televised: Yes
Attorney Attends: Yes Attorney Attends: No Attorney Attends: No
Study Session Study Session
City Manager Prosser absent Update on Potential Financial-Related Ballot
Measures from Other Jurisdictions - Tom I.
Report to Council - Ranked Responses from 20 min.
RFP - Legal Services - 30 min. Insurance Coverage, Marketing Update & Agent
of Record - Loreen - PPT - 20 min
Time Available: 45 min - 30 scheduled/15 left
Consent Agenda Executive Session - Land Acquisition for Park Consent Agenda
Purposes - Dennis - 45 min.
Business Meeting CCDA/CC - Status Report on Urban Business Meeting
Amend TMC - Change Permitted Construction Renewal Plan - 30 min. - Tom C. Council (not CCDA): Public Hearing
Noise Hours - ORD - 5 min. - Tom C. - Urban Renewal Plan Hearing - RES
Amend TMC - Clarify Parks SDC Assess. - - Urban Renewal Lane Use Hearing - RES
ORD - Tom C. - 5 min Urban Renewal Ballot Title Adoption - PH -
Need request to Schedule: RES - Duane 45 min."
Youth Advisory Council - Liz ' If needed, continue to Dec. 13.
Time Avail: 200 min. - Time Scheduled: 10 min Time Avail.: 200 min. - Time Scheduled: 115 min Time Avail.: 135 min. - Time Scheduled: min
Time Left: 190 min. Time Left: 85 min Time Left: min.
10/4/2005 2
Tigard City Council Tentative Agenda 2005
Meeting Date: November 29, 2005 Meeting Date: December 13, 2005 Meeting Date: December 20, 2005
Meeting Type/Time: Special/ 7-9 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m.
Location: Tigard Water Auditorium Location: City Hall Location: City Hall
Greeter: Greeter: Greeter:
Materials Due @ 5: Materials Due @ 5: November 29, 2005 Materials Due @ 5: December 6, 2005
Bid Opening Deadline: Bid Opening Deadline: November 28, 2005 Bid Opening Deadline: December 5, 2005
Scan Deadline @ noon: Scan Deadline @ noon: November 25, 2005 Scan Deadline @ noon: December 2, 2005
Req to Sched Due @5: Req to Sched Due @5: November 11, 2004 Req to Sched Due @5: November 18, 2005
Televised: No Televised: Yes Televised: No
Attorney Attends: No Attorney Attends: Yes Attorney Attends: No
Study Session
FIFTH TUESDAY
Determine if Stacie Yost will facilitate...
Consent Agenda
Appoint PC Members - RES - Tom C/Dick
Business Meeting
J
Need Request to Schedule - Standing Meeting:
IWB - Dennis K.
"Urban Renewal Items?
Opened on November 22, 2005
Time Avail: 135 min. - Time Scheduled: min. Time Avail.: 200 min. - Time Scheduled: min
Time Left: min. Time Left: min.
10/4/2005 3
Tigard City Council Tentative Agenda 2005
Meeting Date: December 27, 2005
Meeting Type/Time: Business/6:30 p.m.
Location: City Hall
Greeter:
Materials Due @ 5: December 13, 2005
Bid Opening Deadline: December 12, 2005
Scan Deadline @ noon: December 9, 2005
Req to Sched Due @5: November 23, 2005
Televised: Yes
Attorney Attends: No
Study Session
Consent Agenda
Present 4th Quarter Goal Update - Joanne
Business Meeting
Time Avail.: 135 min. - Time Scheduled: min
Time Left: min.
10/4/2005 4
AGENDA ITEM # /f, 3
FOR AGENDA OF October 11, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Consider Funding Request from St. Vincent de Paul from the City's Residential
Services Agency Emergency Set-aside °
PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council approve the request from St. Vincent de Paul for a $2,500 grant from the City's
Residential Services Agency Emergency Set-aside.
STAFF RECOMMENDATION
Approve the attached resolution approving the funding request from St. Vincent de Paul in the amount of $2,500.
INFORMATION SUMMARY
The FY 2005-06 Adopted Budget includes $5,125 in the Social Services and Community Events budget for the
funding of a "Residential Services Agency Emergency Set-aside." The intent of the set-aside was to assist agencies
that provide emergency food and housing to those in need. The City has received a letter from John Cook, Vice
President of St. Vincent de Paul, requesting a grant in the amount of $2,500 from the emergency set-aside. The
grant would help offset a portion of the planning and building fees that were incurred during the construction of
their new food distribution warehouse. This is being considered as a one-time offset to help with the warehouse
and not part of their on-going operation or maintenance of the agency or program facilities. This had earlier been
discussed as part of the City's affordable housing assistance budget. At that time, Council decided that the request
did not meet the Affordable Housing Assistance Program guidelines and established a Residential Services Agency
Emergency Fund for this purpose.
St. Vincent de Paul reported in the letter that they provide emergency food boxes to about 200 families in Tigard
each month. They are anticipating an increase in this number starting in October when they expand their hours of
operation.
OTHER ALTERNATIVES CONSIDERED
Do not approve grant.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Resolution approving the funding request.
Letter from St. Vincent de Paul requesting the grant in the amount of $2,500.
City Council Residential Service Agency Emergency Fund Policy
FISCAL NOTES
Grant amount requested is $2,500. Appropriations in the amount of $5,125 were approved in the FY 2005-06
Social Services and Community Events budget.
CITY OF TIGARD
RESIDENTIAL SERVICE AGENCY EMERGENCY FUND POLICY
The City of Tigard may, upon occasion; receive requests from social service
agencies and non-profit corporations for assistance to address one time or
emergency funding needs that impact their ability .to deliver social services
to Tigard residents. This policy provides,the framework within which
allocation of funds will be made by the City Council.
1. The amount available for distribution each fiscal year will be included
as a recommendation from the Social Services Funding subcommittee
to the Budget Committee during the annual Budget process. In no
case shall the allocation for the Residential Service Agency Emergency
Fund exceed five percent of the total allocated for social service
grants.
2. The amount designated for the Residential Service Agency Emergency
Fund shall be included in the Social Service Agency funding so that the
Social Service Agency Funding limit is not exceeded.
3. Any appropriation In the Residential Service Agency Emergency Fund
remaining at the end of the Fiscal year shall be rolled into the General
Fund Ending Fund Balance.
4. Agencies requesting funds shall demonstrate the following:
a. The request meets an unmet or growing need to support basic
services for Tigard residents (food, shelter, clothing),
b. The request is not to fund on-going operation or maintenance of
the agency or program facilities.
c. The request does not meet the criteria for the City's Social
Services program.
d. The agency meets the reporting requirements as Social Services
Grant recipients.
l:JadmN lz~resldendal service agency er pollcy.doeg/90/04
ST. VINCENT DE PAUL
TIGARD CONFERENCE 1~•.
9905 S W McKenzie St. 7 p~~•
Tigard OR 97223 2
01'81iss~
PLEASE HELP US HELP OTHERS a1Qn
We feed the hungry, olothe the naked
and provide shelter for the homeless.
We put shoes on a child Is feet,
and give beds to those who sleep on the floor.
September 8, 2005
Craig Prosser
City Manager
City of Tigard
13125 S W Hall
Tigard OR 97223
Dear Mr. Prosser;
We are hereby applying for a Grant to offset planning and building
fees occurred during the construction of our new food distribution
warehouse. We are asking for $2,500 from the Residential Service
Agency Emergency rand. Our total planning and building fees were
$9,068.43.
We provide emergency food boxes to about 200 families in Tigard
each month. We anticipate increasing this number starting in
October when we expand our hours of operation. Our new building
has made our operation more efficient and easier for our clients to
receive the food they need.
Thank you for your consideration of this matter.
0
John E Cook
Vice President
AGENDA ITEM # 44
FOR AGENDA OF October 11, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A Resolution to Discontinue the Local Improvement District Formation Process for
the Proposed 79th Avenue Local Improvement District
PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should Council discontinue the Local Improvement District (LID) formation process for the proposed 79th Avenue
LID?
STAFF RECOMMENDATION
That Council approve the attached resolution discontinuing the LID formation process for the proposed 79th
Avenue LID.
INFORMATION SUMMARY
Council authorized the preparation of a Preliminary Engineer's Report on the proposed 79th Avenue LID by
Resolution No. 05-24. The preliminary cost estimates developed during the preparation of the report turned out
higher than originally expected. Because most of the lots in the proposed LID boundary are relatively large, the
estimated assessments are high. For those property owners that are not contemplating development of their lots,
or for those on a fixed income, the large assessments would be a huge issue. A preliminary progress report
submitted to Council via memorandum dated June 16, 2005 transmitted the estimated costs and presented
options for Council to consider for improvements to the street. Council discussed the options at its meeting on
September 20, 2005 and concluded that the LID effort should be discontinued at this point. Many of the
properties between Gentle Woods Drive and Bonita Road are currently undeveloped. As development on these
properties occurs, the public improvements required on 79th Avenue as part of the development process should
eventually resolve the vertical alignment issues without need for formation of an LID.
The attached resolution ends the LID formation process for the proposed improvements on 79th Avenue.
OTHER ALTERNATIVES CONSIDERED
None
VISION'TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Construction of the improvements in the proposed LID would have met the Tigard Beyond Tomorrow goal of
Improve Traffic Safety.
ATTACHMENT LIST
1. Resolution discontinuing the LID formation process for the proposed 79'x' Avenue LID
2. Resolution No. 05-24
3. Memorandum to Council dated June 16, 2005
FISCAL NOTES
The amount of $60,000 was approved for the remainder of FY 2004-05. Most of the work in the preparation of the
Preliminary Engineer's Report was performed by in-house Engineering Department staff with assistance from a
consultant on the public process. Work on the preparation of the report stopped in early June 2005 (after the
preliminary progress report was completed) pending discussion with and direction from Council regarding the
proposed LID. The expenditures at this point are approximately $5,000 for the consultant work. The consultant
contract will be terminated once Council approves the resolution to end the LID effort. The final cost, excluding
staff time, is expected to be significantly less than $10,000.
i:\engVus\council agenda summaries\10-11-05 resolution to discontinue the lid torma0on process for the 79th avenue lid.doc
CITY OF TIGARD, OREGON
RESOLUTION NO. 05- 24-
A RESOLUTION DIRECTING TBE ENGINEERING STAFF TO PREPARE A PRELEVIINARY
ENGINEER'S REPORT FOR THE PROPOSED SW 79T' AVENUE LOCAL IldPROVEMENT
DISTRICT AND DIRECTING THE ESTABLISHMENT OF A FUNDING MECHANISM FOR
THE PREPARATION OF THE REPORT.
WHEREAS, SW 79" Avenue, from SW Bonita Road to SW Durham Road, is designated as a
neighborhood route in Tigard's Transportation System Plan; and
WHEREAS, a significant portion of the street is in substandard condition and requires reconstruction and
vertical realignment to meet current geometric standards; and
WHEREAS, the owners of five lots along SW 79 h Avenue representing forty-eight percent of the total
area of the proposed local improvement district (LID), have requested that a LID be formed to improve the
street to.meet current standards; and
WHEREAS, the Engineering staff prepared a Preliminary Evaluation Report (attached), which was
submitted to the City Council for discussion and direction during its March 8, 2005 meeting; and
WHEREAS, the Preliminary Evaluation Report determined that the proposed LID appears feasible and
recommended that the City Council take the next step in the LID formation process by authorizing the
preparation of a Preliminary Engineer's Report and
WHEREAS, the Preliminary Evaluation Report recognized that there is no funding currently available to
proceed with the project and recommended that the City Council direct the establishment of that funding
mechanism by designating the Gas Tax Fund as the funding source; and
WHEREAS, the City Council discussed the proposed LID and indicated that the LID boundary and
improvements to be constructed by the LID are satisfactory as submitted; and
WHEREAS, the City Council has directed staff to prepare a resolution authorizing preparation of a
Preliminary Engineer's Report and submit that resolution for adoption at a City Council business meeting.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The. Engineering staff is directed to proceed with preparation of a Preliminary
Engineer's Report for the proposed LID in accordance with the proposed LID boundary
and improvements as described in Alternative 1 of the Preliminary Evaluation Report.
SECTION 2: The Preliminary Engineer's Report should include the scope of work, location of the
proposed improvements, proposed district boundaries, estimated cost, proposed
assessment methods, and other information that may be relevant to the feasibility of the
improvements and district. The report should recommend approval, approval with
conditions, or denial.
RESOLUTION NO. o5 - Z¢
Page 1
SECTION 3: The City of Tigard shall provide the funding for preparation of the Preliminary
Engineer's Report. The amount needed for FY 200405 to prepare the report is
approximately $60,000.
SECTION 4: The City staff is directed to establish the funding mechanism in that amount for the
engineering work using the Gas Tax as a finding source. Any budget adjustments
requiring Council action and necessary for the establishment of the project funding shall
be brought to Council for appropriate action.
SECTION 5: All costs incurred after the date of this resolution to prepare the Preliminary Engineer's
Report and form the district shall be included as part of the LID costs and shall be
reimbursed to the City if the LID is formed and the improvements are constructed.
SECTION 6: This resolution is effective immediately upon passage.
PASSED: This 12 day of r& _ 2005.
Mayor City of Tigard
ATTEST:
Greer A. Gaston, Deputy City Recorder
NBnplplegWmw TOM ev$w 791h pre report ms.doc
- 2l
RESOLUTION NO. 05
Page 2
CITY OF TIGARD
Engineering Department
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
Phone 503-639-4171
Fax: 503-624-0752
TO: Mayor and City Councilors
Craig Prosser, Interim City Manager
FROM: Gus Duenas
City Engineer
DATE: June 16, 2005
SUBJECT: Progress Report on the Proposed 79th Avenue Local Improvement District
Background
Staff requested Council approval to prepare a Preliminary Engineer's Report for the
proposed SW 79th Avenue Local Improvement District (LID). This request came as a result
of requests from local property owners/developers who were interested in improving the
street. A Preliminary Evaluation of the proposed LID was presented to Council at the
March 8, 2005 meeting. The Preliminary Evaluation Report found that an LID is feasible,
but that additional work was needed to establish the LID boundary and determine the level
of support for the LID. Unless a developer consolidates lots sufficient to justify full street
improvements, no one development can completely resolve the vertical alignment
problems along that street. The lack of cooperation from those not developing was
stymieing the efforts of those interested in improving the street as part of their
developments. This is the primary reason the lot owners/developers approached the City
regarding formation of an LID to perform the improvements.
The proposed LID presents an opportunity to comprehensively address the deficiencies of
the existing street by widening it, reconstructing it to correct the severe vertical alignments
problems, and by providing sidewalks and bike lanes along the street. The LID was
proposed to extend from Bonita Road south to just north of Gentle Woods Drive. Council
approved the next step in the LID formation process through Resolution No. 05-24
authorizing the preparation of a Preliminary Engineer's Report.
Preliminary Progress Report
Attached is a preliminary progress report prepared by the Engineering Department staff
outlining the recommended LID boundary, the properties that support the LID, the
properties that have signed non-remonstrance agreements when they developed, and those
properties that potentially support the formation of an LID to perform the improvements.
The property owners that have signed a non-remonstrance agreement against formation of
an LID cannot formally remonstrate against an LID and their lots count as "yes" votes.
However, this does not mean they would actually support the LID-they just cannot
remonstrate against it. Council cannot proceed with the LID formation if two-thirds of the
property owners by area remonstrate against the LID. It is clear that the overall
percentages (46% without the potential support and 76% with all the potential support
shown) show that an LID may be formed.
The City has successfully used the LID process to improve certain streets during the past
20 years. The improvements to 135th Avenue (from Walnut Street to Scholls Ferry Road)
in 1987 is an example of an LID that passes through a residential area. Other LIDS include
72"d Avenue, 69th Avenue, 68th Parkway, and Sequoia Parkway, which pass through areas
primarily commercial or industrial in nature.
The attached preliminary document shows the preliminary project costs, the potential
credits that the City could provide to the 79th Avenue LID, the net cost that would be borne
by the property owners, and the assessment breakdown for each of the properties.
Contribution from the Street Maintenance Fee is shown as a potential credit primarily
because the existing 79th Avenue badly needs reconstruction and maintenance. The amount
shown represents what would theoretically be spent to reconstruct just the existing street
without vertical realignment. However, use of those Street Maintenance Fee funds on the
street improvements is probably not a wise thing to do because it is likely to create the
perception that it is being used for new construction. It is really crucial for the City's
credibility to ensure that those funds are used strictly for street maintenance purposes. I
would therefore not factor that amount into the credits to be applied to the LID, which
would raise the LID costs by that amount.
Because most of the lots are relatively large, even with all the potential credits applied, the
amounts to be assessed remain quite high. For those property owners that are not
contemplating development of their lots, or for those on a fixed income, the large
assessments would be a huge issue.
When an LID is formed, under state law, the City is able to offer financing assistance to
property owners. This assistance is in the form of assessment contracts allowing payment
over time (usually 10 years) at low interest rates. Even with this assistance, large
assessments could be a problem for some property owners.
We do not want to present the information developed so far to the neighborhood until
Council has had an opportunity to receive this progress report and see the preliminary
information that has been developed. Because the proposed assessments are certain to
Memo to City Council-Proposed 79`h Avenue LID
Page 2 of 4
arouse strong opposition among certain property owners (albeit a minority of the property
owners in that area), it is prudent at this time to examine alternatives to formation of the
LID for construction of the improvements before the Preliminary Engineer's Report is
finalized.
Options for Consideration
The preliminary work done so far indicates that an LID may be formed, but that
assessments would be relatively large for certain property owners that are apparently not
interested in developing at this time. We met with potential developers along that street on
Thursday, June 16, 2005 to let them know of the current status of the Preliminary
Engineer's Report and to discuss potential options that may be considered for the street
improvements either through a revised LID boundary or without formation of the LID.
The following are some options that may be considered for SW 79th Avenue:
Option 1: Continue with the LID as proposed. The attached preliminary assessment
provides all the relevant information for this option.
Option 2: Revise the LID boundary to full street improvements in front of the developing
properties. The developer is concerned that the lack of cooperation from property owners
across the street may continue to present an obstacle to the improvements. This option may
be considered to ensure that the street is properly constructed with land acquisition as
needed to construct proper slopes and driveway transitions to the properties on the crest of
the hill. The two lots that are at the crest of the hill have both signed non-remonstrance
agreements, which presumably was required when the larger property was subdivided.
Option 3: Let the developer perform full street and three-quarter street improvements
sufficient to resolve some of the vertical alignment problems on the street.
This may be the way to address some of the deficiencies in the street without going
through the relatively expensive LID formation process. A proposed development has one
large lot on the west side of the street and two large lots on the east side of the street. The
development appears large enough to justify vertical alignment of the street along the
frontage of the development. We have performed sufficient design work to realign the
street such that it can be constructed to full street improvements along a portion of the
street and three-quarter street improvements over the rest of that frontage.
Although no additional right-of-way appears to be needed along this segment using the
vertical and horizontal alignments we have developed, the cooperation of two property
owners along the crest of the hill may be needed for proper transitions from the streets to
the driveways and for the slopes to be reshaped. The new alignments match up with the
existing street at a natural transition point located on the south end of the proposed
development. Allowing the developer to construct the street improvements would resolve
some of the more difficult vertical alignment problems. Keeping the LID formation as an
option may elicit the cooperation the developer needs to complete the improvements.
Proper disposal of storm drainage that could be readily resolved with the full street
Memo to City Council-Proposed 79`h Avenue LID
Page 3 of 4
improvements from Bonita to Gentle Woods may be an issue with the reduced scope.
However, at this point, that issue appears to be resolvable.
As developments proceed south towards Gentle Woods Drive, with right-of-way
acquisition at key locations by the City, those developments could widen the street to at
least three-quarters width or possibly full width. In addition, the two large lots northeast of
the Leiser Park Subdivision adjacent to Bonita Road are undeveloped residential lots zoned
R-12. The east side of 79th Avenue and the intersection of the street with Bonita Road can
be addressed if those two lots come in for development. Therefore, over time, the street
from Bonita Road to Gentle Woods can be significantly realigned and reconstructed to
resolve the more serious issues on the north half of 79t Avenue.
Council Input
Council input on the three options is needed at this point. If the preference is to move
ahead with the LID as proposed (Option 1), staff will continue towards completion of the
Preliminary Engineer's Report with the boundary and improvements as attached. If a
reduction in scope and limits of the LID is the direction (Option 2), staff will adjust the
report to limit the LID. If the preference at this point is not to form the LID (Option 3),
staff will work with the potential developers to provide as much of the street improvements
as can be justified with the proposed developments.
Attachment
c: Vannie Nguyen, CIP Division Manager
Marco Cabanillas, Project Engineer
Karleen Aichele, Acting Engineering Technician III
is%engVus\nemomndumsVnemorandum to council-79th avenue Iid.doc
Memo to City Council-Proposed 79`x' Avenue LID
Page 4 of 4
AGENDA ITEM # 5
FOR AGENDA OF October 11, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Adopt Heritage Tree Program
PREPARED BY: Matt Stine/Dan Plaza DEPT HEAD OK~DK b%i CITY MGR OK
CUD
ISSUE BEFORE THE COUNCIL
The City Council will consider adopting the proposed Heritage Tree program as presented by the Tree Board.
STAFF RECOMMENDATION
Adopt the proposed Heritage Tree Program.
INFORMATION SUMMARY
The proposed Heritage Tree Program was created by the Tigard Tree Board as a method to identify and bring
public awareness to very large and old trees growing within the City's limits. This program will offer incentives to
private landowners who have a heritage tree growing on their property.
OTHER ALTERNATIVES CONSIDERED
Do not adopt the Heritage Tree Program.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Tigard Beyond Tomorrow: Growth and Growth Management, Goal #1, Strategy #2- Develop and implement
design standards that preserve and protect open space, greenways and natural areas.
ATTACHMENT LIST
- Memo dated 8/30/05 - City's Financial Contributions for Heritage Tree Program
- Resolution
- Exhibit 1 - Heritage Tree Program Guidelines and Rules
FISCAL NOTES
One time costs are estimated at $1,000 to $1,500 per designation, but this is totally dependent upon the
condition of the trees at the time of designation. In addition, on-going costs will be about $650 per year.
iAadm\packet '05\05 1011 \ais heritagetree-revised.doc10/3/05
MEMORANDUM
TO: Dan Plaza
FROM: Matt Stine
RE: City's Financial Contributions for Heritage Tree Program
DATE: August 30, 2005
On the financial side of things related to the Heritage Tree Program I can think of:
1) Plaques
2) Assistance with maintenance, i.e. pruning, fertilizing, soil amending, debris clean-up
and/or removal
3) Pamphlets showing the locations of each Heritage Tree
4) Extra staff time tracking the trees, database creation and maintenance, etc.
These are the. costs associated with the Heritage Tree Program that l can foresee as of
right now. The initial costs for each tree will be highest at the beginning of the program
since that is when the pruning and necessary soil amending will take place in addition to
the purchase and installation of the trees' plaques. My estimate per tree at the time of
the initial designation is:
• $70.00 - $100.00 per plaque (a rough estimate provided by a plaque
manufacturer)
• $60.00/hr. for pruning and soil amending X 15 man-hours = $900.00 ($150 per
year from then on)
• $500.00 for pamphlet design, layout and printing
• ::$500.00 per year in extra staff time
Please let me know if you have any further questions or need more information.
Thanks.
CITY OF TIGARD, OREGON
RESOLUTION NO. 05-
A RESOLUTION OF TIGARD CITY COUNCIL ADOPTING THE HERITAGE TREE PROGRAM
WHEREAS, The purpose of the Heritage Tree Program is to foster appreciation and provide for voluntary
protection of Heritage Trees within the Tigard City limits, and
WHEREAS, On June 21, 2005 the Tree Board met with the City Council in a joint meeting to discuss the
development of a Heritage Tree Program for the Tigard City Council to consider and adopt, and
WHEREAS, The City Council directed City staff to evaluate the financial and legal aspects of establishing
a Heritage Tree Program,
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Heritage Tree Program recommended by the Tigard Tree Board is adopted.
SECTION 2: The Heritage Tree Program's Guidelines and Rules are set forth in Exhibit 1
(attached).
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This day of 2005.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 05 -
Page 1
Exhibit 1
Heritage Tree Program Guidelines and Rules
Heritage Trees
Sections:
Purpose; Definition
Nomination
Review Process
Protection of Heritage Trees
Recognition of Heritage Trees
Removal of Heritage Tree Designation
Incentives
Purpose and Definition:
1. The purpose is to foster appreciation and provide for voluntary protection of Heritage Trees
within the Tigard City limits.
2. A "Heritage Tree" is a tree or stand of trees that is designated of landmark importance due to
age, size, species, horticultural quality or historical importance.
3. "City Property.' shall mean City property or public right-of-way under City jurisdiction.
Nomination:
1. Any person may nominate a particular tree or group of trees for "Heritage" status. If the
proposed Heritage Tree is located on property other than City property, the nomination shall
be submitted by the property owner or accompanied by the property owner's written consent.
If the proposed Heritage Tree is located on City property, the nomination shall be submitted
to the City Forester for evaluation. The City Forester and other City designees shall append
his/her recommendation to the nomination.
2. All nominations shall include a photograph of the tree(s) and a narrative explaining why the
tree qualifies for Heritage status.
Review Process:
1. The Tigard Tree Board shall review all Heritage Tree nominations at a public meeting.
Notice of the meeting shall be provided to the nominating applicant, the property owner (if
different than the applicant), the City Forester and the Chair of any recognized neighborhood
association in which the tree is located.
2. The City Forester shall prepare a report for the Tree Board analyzing whether the tree
complies with the requirements for designation.
3. After considering the City Forester's report and any testimony by interested persons, the
Tigard Tree Board shall vote on the nomination. The Board may designate the tree as a
Heritage Tree if the Board. determines that the following criteria are met:
a. The tree or stand of trees is of landmark importance due to age, size, species, horticultural
quality or historic importance, and
b. The tree is not irreparably damaged, diseased, hazardous or unsafe, or the applicant is
willing to have the tree treated by an arborist and the treatment will alleviate the damage,
disease or hazard.
4. If the nomination is approved by the Tree Board, it shall be forwarded, with all elements of
Exhibit 1
the Board's evaluation attached, to the City Council for final evaluation and approval.
5. Following approval of the nomination by the City Council:
a. If the tree is located on private property, the designation shall be complete upon the
property owner's execution of a covenant running with the land and duly recorded by the
City. The covenant shall describe the subject property, generally describe the location of
the heritage tree, and covenant that the tree is protected as a Heritage Tree by the City of
Tigard and is therefore subject to special protection. The Heritage Tree shall be listed on
the City Heritage Tree Registry.
b. If the tree is located on City Property, the designation shall be complete upon the listing
of the tree on the City Heritage Tree Registry.
Protection of Heritage Trees:
1. A permit shall be required to remove a designated Heritage Tree.
2. If an application to remove a Heritage Tree is sought, the applicant shall demonstrate that the
tree is hazardous or the burden imposed on the owner outweighs the public benefit provided
by the tree. For the purposes of making this determination, the following tree impacts shall
not be considered unreasonable burdens on the property owner or City:
a. View obstruction,
b. Routine pruning, leaf raking and other maintenance activities, and
c. Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate
pruning or maintenance.
3. Unless there is a permit to remove a dead or hazardous heritage tree the applicant shall be
required to follow the mitigation procedures for the loss of the tree as outlined in the Tigard
Municipal Code, Chapter 18.790.
4. Any person who removes a Heritage Tree without first obtaining a permit to do so shall be
subject to a fine equal to twice the value of the tree as determined by the City Forester with
° reference to the current edition of Guide to Plant Appraisal and shall be required to mitigate
for the loss of the tree.
Recognition of Heritage Trees:
1. A Heritage Tree plaque shall be designed and may be furnished by the City to the property
owner of a designated Heritage Tree, or if the tree is on City property, to the City Forester.
The plaque shall be posted at or near the tree and, if feasible, visible from a public right-of-
way.
2. The City shall maintain a list and map of designated Heritage Trees.
Removal of Heritage Trees Designation:
1. A Heritage Tree shall be removed from designation if it dies.
2. To request permission to remove a tree from Heritage designation, the interested party(ies)
shall submit to the City Forester a narrative clearly stating justification for removal. The City
Forester shall review the request, append his/her recommendations to the request and submit
the request and recommendation to the City Council for a final decision.
3. If the Heritage Tree is on private property, and removal from Heritage designation is
approved, the City shall provide a document extinguishing the covenant running with the
property, which may be recorded by the property owner.
4. Once Heritage Tree status is removed,, the City shall remove the tree from their list and map,
Exhibit 1
the tree shall be removed from the Heritage Tree Registry and any plaque associated with the
tree shall be returned to the City Forester.
5. Once Heritage designation is removed, the tree shall be treated as any other tree within the
City limits for purposes of planning, development, removal or care.
Incentives:
1. Incentives include the City:
a. Paying for pruning, necessary soil amendments and maintenance of the Heritage
Trees.
b. Providing a plaque for each tree identifying the species of tree.
I,
AGENDA ITEM No.F 6 Date: Oct. 11, 2005
PUBLIC HEARING
(QUASI-] U DICIAL)
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING
CONSIDER A BALLOT MEASURE 37 CLAIM
RELATED TO THE CONSTRUCTION OF
A BILLBOARD ON THE HI-HAT RESTAURANT
PROPERTY
This is a City of Tigard public meeting, subject to the State of Oregon's public
meeting and records laws. All written and oral testimony become part of the public
record and is openly available to all members of the public. The names and
addresses of persons who attend or participate in City of Tigard public meetings
will be included in the meeting minutes, which is a public record.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I:WDM\GREER\CCSIGNUP\PH TESTIMONY QJ.DOC
a `
' S
AGENDA ITEM No. ff Date: Oct. 11, 2005
This is a City of Tigard public meeting, subject to the State of Oregon's public
meeting and records laws. All written and oral testimony become part of the public
record and is openly available to all members of the public. The names and
addresses of persons who attend or participate in City of Tigard public meetings
will be included in the meeting minutes, which is a public record.
PLEASE PRINT
Pro onent - S eakin In Favor Opponent - (Speaking Aainst Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
x$11 s V CU
rqAT 0A q`~211
608 LW I S sO
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.
RULES OF PROCEDURE FOR MEASURE 37 CLAIM
A Measure 37 claim is not a land use proceeding, so the rules applicable to land use
proceedings do not apply to a Measure 37 claim. In particular, the rules for holding the
hearing open or providing additional evidence after the close of oral testimony do not
apply.
The City is committed to providing a full and fair hearing before an impartial decision-
maker. Council members will be asked to declare ex parte contacts, conflicts of interest,
and bias. Any person may offer oral and/or written testimony. Oral testimony may be
offered only by a person who has been asked to speak by the Mayor.
After the discussion of conflicts and any challenges, City staff will summarize the written
staff report and explain the proposed amendments. Then the applicant will be provided
an opportunity to testify, followed those in favor of the Measure 37 claim. Then those
who oppose the claim or who have questions or concerns testify. The applicant will have
the opportunity for rebuttal, and the Council may allow further rebuttal to new issues or
facts raised in the rebuttal. Council members may ask the staff and the witnesses
questions throughout the hearing until the record closes. After all testimony is taken, the
City staff can make a closing statement. After the record is closed, the City Council will
deliberate. During deliberations, the City Council may re-open the public portion of the
hearing if necessary to receive additional evidence before making a decision.
When you are called to testify, please come forward to the table. Please begin your
testimony by giving your name, please spell your last name, and give your full mailing
address including zip code. If you represent someone else, please say so. If you have
any exhibits you want 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. These exhibits will be marked as part of
the record.
AGENDA ITEM # (a
FOR AGENDA OF October 11, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Hi-Hat Measure 37 Claim
PREPARED BY: Gary Pag_enstecher DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Pursuant to Tigard Municipal Code Section 1.20, Council must decide whether to grant the Measure 37 claim and
compensate the claimant, waive the affected regulation, or deny the claim.
STAFF RECOMMENDATION
Due to the specific nature of this application and the uncertainty of the Measure 37 process, staff recommends that
the Council seek the guidance of the City Attorney.
INFORMATION SUMMARY
The subject M37 claim is to allow a billboard on the Hi-Hat restaurant property located at 11530 SW Pacific
Highway. The Tigard Development Code prohibits billboards and restricts the size of freestanding signs. The
Council must decide by motion to deny or by ordinance to grant the claim prior to November 1, 2005, when the
claimant may seek a judgment in Circuit Court. The Council hearing provides the Claimant and any other persona
reasonable opportunity to present evidence and argument.
OTHER ALTERNATIVES CONSIDERED
NA
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
NA
ATTACHMENT LIST
Attachment 1: Staff report and recommendation.
Attachment 2: Claimant's materials and staff correspondence.
Attachment 3: Aerial photo of the subject property.
FISCAL NOTES
Neither the City nor the State has provided funds to pay Measure 37 claims.
ATTACHMENT
Hearin Date: October 11, 2005 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL CITY OFTIGARD
Community (Development
FOR THE CITY OF TIGARD, OREGON shaping A Better Community
180 DAY CLAIM PROCESSING PERIOD = 10/31/2005
SECTION I. CLAIM SUMMARY
FILE NAME: HI-HAT, INC. COMPENSATION CLAIM
CITY CASE NO: Measure 37 Claim (M37) M372005-00002
CLAIMANT/ Hi-Hat, Inc. CLAIMANT'S Roger A. Alfred
OWNER: 11530 SW Pacific Highway ATTORNEY: Perkins Coie, LLP
Portland, OR 97223 1120 NW Couch Street
Tenth Floor
Portland, OR 97209-4128
CLAIMANT'S Chris Carlisle
REPRESENTATIVE: Media Investment Group, LLC
5100 SW Macadam Avenue, Suite 210
Portland, OR 97239
CLAIM: The Claimant seeks a waiver of provisions of the Tigard Development Code
prohibiting billboards and limiting size of signs on Pacific Highway in the C-G
commercial zoning district. The amount claimed as compensation without such
waiver is $623,290.30.
AFFECTED
REGULATION: Tigard Development Code Section 18.780.070.M, which prohibits billboards; TDC
Section 18.780.130.C containing sign restrictions applicable to.the C-G zone which
allow property owners to build one free standing sign and which prohibits any
freestanding sign larger that 70 square feet per face or a total of 140 square feet
for all sign faces.
ZONING
DESIGNATION: C-G: Commercial District.
LOCATION: 11530 SW Pacific Highway; WCTM 1 S136DA, Tax Lot 00700.
APPLICABLE
CODE CRITERIA: Municipal Code Chapter 1.20
SECTION II. STAFF RECOMMENDATION
Due to the specific nature of this application and the uncertainty of the Measure 37 process, staff
recommends that the Council seek the guidance of the City Attorney.
HI-HAT, INC COMPENSATION CLAIM STAFF REPORT (M372005-00002) PAGE 1 OF 5
CITY COUNCIL HEARING 10/11/2005
SECTION III. BACKGROUND
The subject parcel (TL 700) is located south of Pacific Hwy and west of SW 68th Parkway. It is currently
developed with the Hi-Hat Restaurant, one free standing sign, and an associated parking lot. The
parking lot is accessed from Pacific Highway and is connected to two adjoining parcels developed with
parking lots to the east (TL 600) and west (TL 800).
SECTION III. APPLICABLE CRITERIA AND FINDINGS
Section 1.20.030 states a property owner wishing to make a claim against the City under
Measure 37 shall first submit a claim to the City. A claim under Measure 37 must be in writing
and include:
A copy of all claim documents submitted by the claimant is attached to this staff report as
Attachment 2.
A. Identification of the affected property. Identification may be by street address, subdivision
lot number, tax lot number, or any other information that identifies the property.
The claimant identifies the property as being located at 11530 SW Pacific Highway; WCTM 1 S136DA,
Tax Lot 00700.
B. The name and contact information of the person making the claim, the date the Claimant
acquired the property, and, if applicable, the date that a family member of Claimant acquired
the property and the names and relationships of family members that are previous owners.
The name and address of the entity making the claim is Hi-Hat, Inc., 11530 SW Pacific Highway,
Portland, OR 97223. Hi-Hat's representative is Chris Carlisle, Media Investment Group, LLC, 5100 SW
Macadam Avenue, Suite 210, Portland, OR 97239. The claimant's representative states the property
was acquired by the claimant on April 3, 1964 and submitted a warranty deed dated April 3, 1964 (Book
511 page 14) as evidence. The claimant's representative submitted a title report dated August 8, 2005,
showing Hi-Hat, Inc., as the current owner. °
C. A list of all persons with an ownership interest in or a lien on the property.
The title report identifies the claimant as the sole owner.
D. Identification of the regulation that is alleged to restrict the use of the affected property and
a statement describing how the restriction affects the value of the property.
In a letter to the City dated August 8, 2005, Roger Alfred of Perkins Coie, the claimant's attorney,
identified TDC Section 18.780.070.M which states that "billboards are prohibited", and Section
18.780.130.C which contains sign restrictions applicable to the C-G zone which allow property
owners to build only one "free standing sign" on their property and which prohibit any freestanding
sign larger that 70 square feet per face or a total of 140 square feet for all sign faces.
The claimant's representative states that "billboards generate income which increases property
value."
HI-HAT, INC COMPENSATION CLAIM STAFF REPORT (M372005-00002) PAGE 2 OF 5
CITY COUNCIL HEARING 10/11/2005
E. A statement whether the Claimant prefers compensation or a waiver, suspension or
modification of the regulation, and a statement describing the extent to which the regulation
would need to be waived, suspended or modified to avoid the need for compensation. A
description of the proposed use must be provided.
The claimant's representative states that a waiver is preferred. TDC Section 18.780.070.M, which
prohibits billboards, would need to be waived to allow the proposed billboard. TDC Section
18.780.130.C, which limits the size of signs in the C-G zone would need to be waived to allow the
greater size of the proposed billboard. The claimant's representative has described the proposed
billboard as being 14 feet high by 48 feet long, standing 45 feet tall and made of steel. The claimant's
representative submitted a set of plans (Obie Construction Co., Inc.) showing a single steel pole with
alternate Full Flag, Back to Back, Single-Face, and V-Build designs. An example of this type of
construction can be found across Pacific Hwy to the east on the Kentucky Fried Chicken site, which
was permitted in the same month the Council adopted the ordinance prohibiting billboards.
F. The amount claimed as compensation and documentation supporting the amount. The
documentation shall include a market analysis, an appraisal, or other documentation at least
equivalent to a market analysis.
The claimant's representative has provided a written demand for compensation in the amount of
$623,290.30*, which he states was calculated by using the Investment Accumulation Schedule for an
investment of $2,000 per month with a 2.50% escalator over 20 years, a standard method for
calculating value in the billboard industry. In addition, the claimant's representative submitted a
"Valuation for Lease" prepared by Stan Smith, Senior Managing Director with Capital Financial
Group. Mr. Smith states that the present value of a potential lease stream best quantifies the
economic value of the rights to such a lease stream. In an example, Mr. Smith calculates that given
the base lease rate is $20,000 annually, with the average annual lease revenue of $20,545, the gross
lease revenue over the 20 year initial term of the lease would be $510,893. This amount is then
discounted by a factor of 11.803% to arrive at the net present value of $178,813.
*[The August 16, 2005 Staff Report for a Washington County M37claim (37CL0084) to place a
billboard on the northwest side of SW Pacific Hwy in the vicinity of SW 124th Place in Tualatin, cited
this same value.]
G. The name and contact information of the Claimant's authorized representative or
representatives, if applicable.
The claimant's representatives are Chris Carlisle, Media Investment Group, LLC, 5100 SW Macadam
Avenue, Suite 210, Portland, OR 97239, (503-804-6494) and Roger Alfred, Perkins Coie, 1120 NW
Couch Street, Tenth Floor, Portland, OR 97209, (503-727-2094).
Section 1.20.080 outlines the criteria for making a decision on the compensation claim. In
deciding the claim, the Decision Maker may take any of the following actions:
Deny the claim based on any one or more of the following findings:
a. The regulation does not restrict the use of the private real property.
HI-HAT, INC COMPENSATION CLAIM STAFF REPORT (M372005-00002) PAGE 3 OF 5
CITY COUNCIL HEARING 10/11/2005
b. The fair market value of the property is not reduced by the passage or enforcement of the
regulation.
c. The claim was not timely filed.
d. The Claimant is not the current property owner.
e. The Claimant or family member of Claimant was not the property owner at the time the
regulation was adopted.
f. The regulation is a historically and commonly recognized nuisance law or a law regulating
pornography or nude dancing.
g. The regulation is required by federal law.
h. The regulation protects public health and safety.
i. The City is not the entity responsible for payment. The City is not responsible if the
challenged law, rule, ordinance, resolution, goal or other enactment was not enacted or
enforced by the City.
j. The City has not taken final action to enforce or apply the regulation to the property for
which compensation is claimed.
k. The City has not established a fund for payment of claims under Measure 37.
1. The Claimant is not legally entitled to compensation for a reason other than those listed in
subsections a through k. The basis for this finding must be clearly explained.
2. Pay compensation, either in the amount requested or in some other amount supported by
the evidence. If the City pays compensation, the City shall continue to apply and enforce the
regulation. Any compensation shall be paid from funds appropriated for that purpose. The
City may require any person receiving compensation to sign a waiver of future claims for
compensation under Measure 37 and the City may record that waiver with the County
Recorder.
3. Waive or not apply the regulation to allow the owner to use the property for a use permitted
at the time the Claimant acquired the property.
4. Modify the regulation so that it does not give rise to a claim for compensation. Any such
modification shall be for the specific property only unless the City follows the procedure for a
legislative land use decision.
HI-HAT, INC COMPENSATION CLAIM STAFF REPORT (M372005-00002) PAGE 4 OF 5
CITY COUNCIL HEARING 10/11/2005
5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of
contributions toward compensation by a specified date from persons opposed to the waiver
or suspension, such as persons who believe they would be negatively affected by waiver or
suspension, with the waiver or suspension being granted if the defined amount of
contributions is not received by the specified date. If the contributions are received,
compensation shall be paid within 180 days of the date the claim was filed. The specified date
shall allow the City time to process the contributions and pay compensation.
The Decision Maker may take other actions it deems appropriate in individual circumstances,
may modify the listed actions, and/or may combine the listed actions, consistent with Measure
37. The Decision Maker may negotiate an acceptable solution with the Claimant or may direct
staff to negotiate with the Claimant. In the event that the Decision Maker directs staff to
negotiate, the matter shall be set for further action by the Decision Maker no less than 175
days from the date of the notice of claim became complete. The Council shall take final action
within 180 days of ,the claim. The Decision Maker shall take actions 2 through 5 only if it
determines the claim is valid.
The Council should decide whether to pay compensation, waive applicable regulations, or deny the
claim based on Measure 37, taking into account the code provisions listed above.
A decision by a Decision Maker other than Council shall not be a final decision, but shall be a
recommendation to Council.
This report represents only a recommendation to the City Council and is not a final decision of the City.
SECTION IV. CONCLUSION
The Council should decide whether to pay compensation, waive applicable regulations, or deny the
claim based on Measure 37, taking int account the code provisions listed above.
Q September 23, 2005
PREPARED BY: G ry agenstecher DATE
Associate Planner
.7 ' &J September 23, 2005
C
APPROVED BY: Dick Bewersdo DATE
Planning Man er
HI-HAT, INC COMPENSATION CLAIM STAFF REPORT (M372005-00002) PAGE 5 OF 5
CITY COUNCIL HEARING 10/11/2005
ATTACHMENT 2
RECEIVED PLANNING
AUG 2 5 2005
CITY OF TIGARD
Media Investment Group LLc
5100 SW Macadam Ave Suite 200 Portland, Oregon 97239
August 22, 2005
Gary Pagenstecher
Associate Planner
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Re: Measure 37 Claim - Hi-Hat
File # M372005-00002
Dear Gary: ,
The enclosed information should complete your requests. If not, please respond in
writing to my Attorney Roger Alfred at Perkins Coie.
Oank you for your attention to this matter.
5
tVe ly`;. yous,
'1
le
Media In estment Group LLC
cc: Roger Alfred
Stan Smith
aequitas Capital Management, inc.
AQ U I TA SM1 805 SNV Broadway, Suite 560 Portland, OR 97205
C A P I T A L M A N A G E M E N T (503) 419-3500 • (503) 419-3530 fax • www.aequitascapital.com
August 15, 2005
Mr. Stan Smith
Capital Financial Group
5100 SW Macadam Ave., Suite 200
Portland, OR 97239
RE: Valuation for Lease. 11539 SW Barbur Blvd Tigard, Oregon
Dear Mr. Smith:
At your request, we have been giving consideration to quantifying the economic value to the rights
of a potential property lease for a permanent easement on a billboard site. Accordingly, we have
done some market research and financial analysis related to the present value of a potential lease .
stream, which in our opinion best quantifies the economic value of the rights to such a lease:
General assumptions are that the standard lease in such a situation is established for a 20 year
initial term, with a base rate and annual escalation clause of 2.5% per year. The lease is generally
directly with a national billboard company, who are known to be financially secure entities and
thereby represent very low credit risk on the lease stream.
There are many comparable transactions in the market that suggest that national build board
companies are paying a 7x multiple of the average annual lease revenue, adjusted for the annual
escalation allowance (the "average" lease stream adjusted for the escalation over the life of the
lease is 27.7% greater than the base lease rate), as a market valuation for obtaining the rights as the
lessee on an underlying property lease for a billboard site. Utilizing this approach at the origination
of the lease equates to applying a discount rate of 11.803% on the gross 20 year lease stream to
arrive at a Net Present Value of the stream. This discount rate is very much in line with market
expectations for transaction of this nature and risk.
For example, if the base lease rate was $20,000 annually, the average annual lease revenue would
be $20,545, and the gross lease revenue over the 20 year initial term of the lease would be
$510,893. The net present value of this lease would be $178,813 based on: (a) 7x the average
annual lease revenue of $20,545; or, (b) Discounting the gross lease revenue of $510,893 by an
11.803% discount factor.
I hope this letter provides you the information that you require. If you have any questions, or need
any additional information, please don't hesitate to contact me.
Sincerely,
Brian A. Oliver
Senior Managing Director
PORTLAND
TICOR TITLE INSURANCE COMPANY
STATUS OF RECORD TITLE REPORT
' Ticor W.E.S.T. Office
9755 S.W. Barnes Road, Suite 255 • Portland OR 97225
(503) 219-1160 • FAX: (503) 297-5991
August 21, 2005
Media Investments Groiup LLC.
Chris Carlile
5100 SW Macadam Ave #210
Portland OR 97239
Order Number. 852157
Regarding: (Borrower}
Property Address: 11530 SW Pacific Highway
Portland, OR 97223
County: Washington-
DATED AS OF: August 8, 2005, 8:00 am
PROPERTY
We have searched our Tract Indices as to the following described real property:
See Attached Legal Description.
VESTING
HI-HAT, INC., AN OREGON CORPORATION
RECORDED INFORMATION
Said property is subject to the following on record matter(s)-
1 . Property taxes UNPAID
Tax Year 2004-05
Tax Amount: $13,482.57
Unpaid Amount: $9,161.23, unpaid plus interest
Tax Acct Number: R284631, 1 S136DA-00700, Code 023.81
2. Property taxes
Lien due but not yet payable.
Tax Year. 2005-06
3. Rights of the public In and to that portion lying within streets, roads and highways.
STATUS OF RECORD TRLE REPORT tM)
TMOR TITLE INSURANCE
This map is made solely for the purpose of assisting in locating said premises and the Company .
assumes no liability for variations,if any, in dimensions and location ascertained by actual survey. tv
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Beginning at a point on the West line of the Northeast one-quarter of the Southeast one-quarter of
Section 36, Township 1 South, Range 1 West, of the Willamette Meridian, in the County of Washington
and State of Oregon, which point is 1094.05 feet North of the Southwest corner of the Northeast one-
quarter of the Southeast one-quarter of said Section; thence East 95.2 feet; thence North 435 feet,
more or less, to the County Road known as the West Side Pacific Highway; thence South 53° 12' West,
along said road, to the West line of the East one-half of the East one-half of Section 36, Township 1
South, Range 1 West, of the Willamette Meridian; thence South to the point of beginning.
LEGAL DESCRIPTION 3
TICOR TITLE INSURANCE COMPANY
1629 SW Salmon
PoMand, OR 97205
4. Easement as disclosed by Deed, including the terms and provisions thereof,
Recorded Date: December31, 1959
Recording Number: Book 425, Page 787
For: Roadway - Said deed does not disclose the location of the
aforementioned roadway.
5. Line of Credit, including the terms and provisions thereof, given to secure a note,
Amount: $165,000.00
Executed By: Hi-Hat, Inc., an Oregon corporation
Trustee: Stewart Title of Oregon, Inc.
Beneficiary. KeyBank National Association
Dated: January 16, 2003
Recorded Date: January23, 2003
Recording Number: 2003010169
Loan Number: 1000009701
THIS REPORT IS TO BE UTILIZED FOR INFORMATION ONLY. Any use of this report as a basis for
transferring, encumbering or foreclosing the real property described will require payment in an amount
equivalent to applicable title insurance premium as required by the rating schedule on file with the
Oregon Insurance Division.
The liability for TICOR TITLE INSURANCE COMPANY is limited to the addressee and shall not exceed
the premium paid hereunder.
TICOR TITLE INSURANCE COMPANY
Tom McColloch
Title Officer
Tom.Mccolloch@TicorTitle.com
STATUS OF RECORD THE REPORT (TI21 2
TICOR TITLE INSURANCE COMPANY
Ticor W.E.S.T. Office
9755 S.W. Barnes Road, Suite 255 a Portland OR 97225
(503) 219-1160 • FAX: (503) 297-5991
August 21, 2005
Ticor Title Insurance Company
9755 S.W. Barnes Road, Suite 255
Portland OR 97225
Order Number: 852157
Regarding: (Bormwel
Property Address: 11530 SW Pacific Highway
Portland, OR 97223
County: Washington
Enclosed please find a Status of Record Title for the above referenced transaction.
We thank you for giving us the opportunity to be of service to you. Please contact me at the phone:
number above with any questions you may have regarding this report.
Sincerely,
TICOR TITLE INSURANCE COMPANY
Copies Sent To:
Chris Cadile Media Investments Groiup LLC.
Ticor W.E.S.T. Office floor TiOe insurance Company
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August 10, 2005 CITY OF TIGARD
OREGON
Chris Carlile
Media Investment Group, LLC
5100 SW Macadam Avenue, Suite 210
Portland, OR 97239
Re: Measure 37 Claim, Hi-Hat Restaurant (File No. M372005-00002)
Dear Mr. Carlile:
Roger Alfred, attorney for the claimant, submitted information on August 8, 2005 in response to the
City's June 3, 2005 letter requesting information required to complete your application for a Measure 37
claim. Mr. Alfred clarified the regulation restricting use that the claimant wants the City to waive and
indicated that he would be providing an appraisal and that you would be providing acurrent title report
and a location plan for the proposed billboard.
Pursuant to Section 1.20.060, a City Council hearing has been scheduled for September 27, 2005. In a
telephone conversation with me on August 8, 2005 Mr. Alfred agreed to submit all information identified
in the City's June 3Td letter by August 30, 2005. Any information received after that date will not be
considered in staff's review of the claim.
If you have any questions concerning your claim, please call me at 503-718-2434
Sincerely,
6rnl,
Gary Pagenstecher
Associate Planner
C: Roger Alfred, Perkins Coie
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
AUG oe 2005 14 39 FR.PERKINS COIE LLP 5037272222 TO 95036e47297 P.01i03
FACSIMILE COVER SHEET Perkins
Coie
If there are any problems with 1120 N,W. Couch 5trect.Tenth Floor
this transmission, please call the Portland, OR 97209.4128
Perkins Caie Fax Center at (503) 727-2049. PHONE: 503.727.7000
FAx: 503.721.2222
DATE: August 8. 2005 COVER SHEET & 2 PAGE(S) www.perklnscoir.com
CLIENT NUMBER: 57992-0001-000000
RETURN TO: (NAME) Donna Friberp IEvo 2095 (Room No.) 9051
ORIGINAL DOCUMENT(S) WILL BE: ❑ SENT TO YOU ❑ HELD IN OUR FILES
SENDER: TELEPHONE: FACSIMILE:
Roger A. Alfred (503) 727-2094 (503) 727-2222
RECIPIENT: COMPANY: TELEPHONE: FACSIMILE::
Gary Pagenstecher City of Tigard, Planning Dept. (503) 639-4171 (503) 684-7297
Chris J. Calrlile Media Investment Group, LLC * (503) 804-6494 (503) 521.9271
RB: Measure 37 Claim.
This Fax contains confidential, privileged information intended only for the intended addressee. Do not read, impy or disscminutc it unless you arc the
intended addressee. if you have received this Fax in error, please email it back to the sender at perkinscoie.com and delete it from your systarn or call us
(collect) immediately at 503.727.2000, and mail the original Fax to Perkins Coie LLP, 1120 N.W. Couch Strccl, Tenth Floor, Portlund, Olt 97209.4128.
ANCHORAGE • BEIJING • BELLEVUB - BOISE • CHICAGO • DENVER • LOS ANGELES
MENLO PARK • OLYMPIA - PHOENIX - PORTLAND • SAN FRANCISCO • SEATTLE WASHINGTON, D.C.
Perkins Cole LLP and AfYlllato
[PA052200.065J
AUG 08 2005 14:39 FR PERKINS COIE LLP 5037272222 TO 95036847297 P.02i03
Perkins
Coin
irzo N.W. Couch Street,Tenth Floor
Rogcr A, Alfred
Portland, OR 97209•4128
mioNF• 503.727.2094
PHONE: 503.77.2000
Fax: 503.346.2094
EMAIL. raltrcd@pakinscoic.Com FAX: S09.727.222:
www.purkinscole.com
August 8, 2005
VIA FAX
Gary Pagenstecher
Associate Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Measure 37 Claim - Hi-Hat Restaurant
File No. M372005-00002
Dear Gary:
This letter provides responses to certain questions raised in your correspondence to
Chris Carlile dated June 3, 2005.
Regarding the regulations restricting the proposed use, the relevant portions of the
Tigard Development Code that prohibit the proposed use are set forth at TDC Section
18.780.070.M, which states "billboards are prohibited." Also, TDC Section
18.780.130.C contains sign restrictions applicable to the C-G zone, which allow
property owners to build only one "freestanding sign" on their property, and which
prohibit any freestanding sign larger than 70 square feet per face or a total of 140
square feet for all sign faces. All of these provisions would prohibit the proposed
sign, which would be 14 x 48 feet in size.
Regarding the additional -issues identified in your correspondence, Mr. Carlile will
obtain and provide you with a current title report for the property. Also, as
contemplated by TMC Section 1.20.030_F, we are in the process of obtaining an
appraisal or similar market analysis regarding the monetary impact on the property
caused by the city's prohibition on billboards,
( 57992.0001 /PA052190,012 ]
ANCHORAGE • PCIJINC . nCLLEVUE . Bnlc¢ . rNICAGO • DENVER HONG KONG • Lni ANGELES
MENLO PARK - OLYMPIA PHOENIX • PORTLAND • SAN FRANCISCO SEATTLE - WASHINGTON, O.C.
Perkins Coie LLP and Affiliates
AUG 08 2005 14:39 FR PERKINS COIE LLP 5037272222 TO 95036847297 P.03i03
August 8; 2005
Page 2
Please contact me if you have any questions about this letter. Thank you for your
attention to this matter.
Ve truly yours,
Roger A. Alfred
cc: Media Investment Group, Inc.
[57992-0001 MA052190.012] MOM)$
* TOTAL PAGE.03
June 3, 2005
Chris Carlile CITY OF TIGARD
Media Investment Group, LLC
5100 SW Macadam Avenue, Suite 210 OREGON
Portland, OR 97239
Re: Measure 37 Claim, Hi-Hat Restaurant (File No. M372005-00002)
Dear Mr. Carlile:
I am in receipt of your May 19, 2005 letter response to our request for more information on your Measure
37 claim for the Hi-Hat property located at 11530 SW Pacific Hwy in Tigard, Oregon.
Claimant Information
In your letter you stated that you intend to submit a title report to the City that clearly identifies the parties
and dates on the warranty deed of the subject property. We still await that title report.
Regulation Restricting Use
You identified Sections 16.36.010 and 16.40.090 of the 1972 Tigard Municipal Code (TMC) as
regulations that restrict the use of the subject property by not allowing billboards. Please be aware that the
1972 TMC has been substantially revised over the years and is no longer in effect. A waiver of the code
provisions you have cited would not affect regulations of billboards in effect under the current TMC. The
relevant portions of the current TMC, which may restrict the use of the subject property, should be cited
in your. claim.
Claim Preference
You have identified the proposed use to be a billboard 14 x 48 feet by 45 feet in height, made of steel and
constructed similarly to plans you submitted for Obie Construction Co., Inc. You stated that placement of
the billboard on the subject parcel would be as indicated on an attached aerial photograph. However, the
City did not receive the aerial photograph with your materials. Please submit the aerial photograph.
Amount of Compensation
Measure 37 allows landowners to make written demand for just compensation when a regulation reduces
the fair market value of a property. In your letter, you identified a claim for monetary compensation in the
amount of $623,290.30 ($24,000/year x 20 years with a 2.5% escalator). However, you have not provided
documentation supporting that amount in the form of a market analysis, appraisal, or other documentation
at least equivalent to a market analysis.
You have shown a gross retail amount for a billboard contract. However, this amount is not discounted to
determine a present value. In addition, to demonstrate that your claim value is reasonable, your market
analysis should, at minimum, qualify the location by showing comparable rents for similar placements,
determine compatibility with the existing restaurant use, and factor in the cost of construction and
maintenance. Please provide a market analysis or appraisal that demonstrates a reduction in the fair
market value of the subject property.
Sincerely,
Gary Pagenste?her
Associate Planner
13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
MEDIA INVESTMENT GROUP, LLC
5100 SW Macadam Avenue, Suite 210
Portland, Oregon 97239 ; _ i1,it-
.i~ 1.., i i:.:
(503) 804-6494
May 19, 2005
Gary Pagenstecher
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Re: Measure 37 Claim
Hi-Hat Restaurant (Calvin Louis)
Dear Gary:
Thank you for your correspondence dated May 12, 2005. In that correspondence,
you requested additional information in order to process the Measure 37 claim filed by
me on behalf of Hi-Hat Restaurant. I will address your concerns as they were outlined in
your letter.
Claimant Information
The Deed that was provided to you was obtained from the Washington County
Recorder's Office. I understand that it is difficult to read; however, this is the best copy
available. The April 15, 1964 date is legible on the bottom of the document and the
owner has confirmed that that was the date of transfer. To further clarify this issue, I
have requested a title report and will submit a copy to you upon receipt.
Regulation Restricting Use
The relevant sections of provision 16.36 are sections 16.36.010 and 16.36.040.
Claim Preference
The proposed use would be for a 14x48 foot billboard. The height would be 45
feet and it will be constructed by Obie Construction, who is a licensed Oregon contractor.
Obie builds the signs out of steel. I have attached a set of plans for your reference which
are similar to what we will be building. The sign will be placed on the property in the
approximate location as indicated on the attached aerial photo.
Gary Pagenstecher
May 19, 2005
Page 2
Amount of Compensation
Please accept this section as written demand for monetary compensation in the
amount of $623,290.30. This figure was calculated by using the Investment
Accumulation Schedule for an investment of $2,000 per month with a 2.500% escalator
over 20 years. This method is the standard for calculating value in the billboard industry.
To further clarify the documentation I am submitting along with this correspondence, I
will attempt to further explain the process. I have attached a standard Billboard Lease,
which indicates that a billboard company would pay the sum of $24,000 annually ($2,000
monthly) to lease the portion of property where the billboard would be placed. The term
of the Lease for the purposes of this calculation was 20 years, although many leases are
30 years and contain provisions for extension beyond the 30 year mark. A 2.500%
escalator is contained in the lease, which controls the increases in the lease payment over
the term of the lease. This percentage is also standard in the industry. Therefore,
$24,000 x 20 years with a 2.500% escalator equals the claim amount of $623,290.30.
I understand that the billboard industry is unique and complicated. Therefore, if
you have further questions about how compensation was determined or would like to
further discuss this claim, I would be more than happy to meet with you in person in an
attempt to expeditiously resolve any remaining issues. Please feel free to contact me at
(503) 804-6494 if you would like to set up a time for a meeting.
Thank you.
Sin rely,
1
D . TN ESTMENT GROUP, LLC
C s C lile
May 12, 2005
Chris Carlile CITY OF TIGARD
Media Investment Group, LLC
5100 SW Macadam Avenue, Suite. 210 OREGON
Portland, OR 97239
Re: Measure 37 Claim, Hi-Hat Restaurant (Calvin Louis)
Dear Mr. Carlile:
As we discussed in our telephone conversation this morning, I have reviewed your application for a
Measure 37 Compensation Claim (M372005-00002) and have identified additional information needed to
process the claim:
Claimant Information
To establish ownership and date of acquisition, you provided a copy of a warranty deed. However, the
parties identified on the deed are not legible. Please submit a clean copy of the deed clearly identifying the
relevant names and dates.
Regulation Restricting Use
You identify Sections 16.36.(?) and 16.40.090 of the 1972 Tigard Municipal Code as regulations that
restrict the use of the subject property by not allowing billboards. Please identify the relevant subsection
provision of 16.36. that applies to the subject property.
Claim Preference
You have stated a preference for a waiver of the cited regulations in their entirety over compensation. You
have identified the proposed use as a billboard 14x 48. Please provide a description of the proposed use
that includes its size and height in feet, materials, and placement on the subject parcel.
Amount of Compensation
You have requested "that a building permit be issued for the construction of a 14 x 48 billboard in lieu of
monetary compensation." However, you have not identified an amount for monetary compensation.
Measure 37 allows landowners to make written demand for just compensation when a regulation reduces
the fair market value of a property. Under subsection (8) of the measure, the city is given the discretion to
modify, remove, or not apply the land use regulation, in lieu of payment. Therefore, please. submit written
demand for just compensation and provide documentation supporting that amount (e.g., a market analysis,
appraisal, or other documentation at least equivalent to a market analysis).
Please call me if you have any questions.
Sincerely,
Gary Pagenstecher
Associate Planner
CC. Case File M372005-00002
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
MEDIA INVESTMENT GROUP, LLC
5100 SW Macadam Avenue, Suite 210
Portland, Oregon 97239
(503)804-6494
May 4, 2005
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Re: Measure 37 Claim
Hi-Hat Restaurant
Dear City of Tigard:
Enclosed please find a notebook containing a Measure 37 Compensation Claim Form, as
well as supporting documentation.
Also enclosed is a check in the amount of $1000 for the deposit required by the City of
Tigard for Measure 37 claims.
Please contact me if you have any questions or need additional information.
Thank you.
Sin erely,
INVESTMENT GROUP, LLC
i
C
Enclosures
PROCEDURE FOR BALLOT
MEASURE 7 COMPENSATION CLAIM
13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 FAX: 503-684-7297
CITY OF TIGARD
The claim must be in writing and include the information listed below. The claim shall not be
considered filed until all of the requirements of the procedure are met.
FOR STAFF USE ONLY
37 A tC5, ~c2 Application Accepted By: k-~
5 ~(0 Date Determined Complete:
LDate:
rmined to be valid. If claim is denied and ultimately determined invalid, the claimant shall
.000 (Deposit to be refunded if claim is dete
City for the costs the City incurs in processing the claim. If reimbursement exceeds the deposit, the claimant shall pay any additional
30 days of a demand by the City for full payment. If costs are less than the deposit, the difference will be refunded to the claimant.)
IDENTIFICATION OF AFFECTED PROPERTY
Property Street Add resslLocation(s): 1 15 _?2 5AU (2-G
Tax Map & Tax of #(s): ?
Subdivision Lot #(s):
LAIMANT INFORMATION i , n
Property Owners/Claimants/Deed Holders*: ' a,7 - ~T r
Address: Phone 503 9,L4t0-
City/State: _Zip: '9 2' 23
(Attach fist if more than one)
Date Claimant Acquired Property:
Date Family Member of Claimant Acquire Property (if applicable):
Names and Relationships of Family Members that are Previous Owner (if applicable):
(Attach list if additional space is needed)
Lien/Security Interest Holders of the affected property: 6n
Address: Phone:
City/State: Zip:
(Attach list if more than one)
When the owner and the applicant are different people, all owners of the affected property must sign this
application in the space provided on the back of this form. If the affected property is owned by two or more persons
and not all owners seek compensation, all owners who do not seek compensation shall sign a waiver of the right to
compensation.
REGULATION RESTRICTING USE
Identify the regulation that is alleged to restrict use of affected property. Provide a statement describing how the restriction
affects the value of the property. (Attach additional materials as necessary)
Mun'~
W~X2 ~C;t
b ~.l r
heye+
CLAIM PREFERENCE
Provide a statement of whether claimant prefers compensation or a waiver, suspension, or modification of the regulation.
Cr v -e..
Include a statement describing the extent to which the regulation would need to be waived, suspended, or modified to avoid
the need for compensation. A description of the proposed use must be provided. (Attach additional materials as necessary)
AMOUNT OF COMPENSATION
The amount claimed as compensation:-1--~r---e-
Provided u entation supporting the amount. Said documentation shall include a market analysis, appraisal, or
of a do umentation at least equivalent to a market analysis.
tai nt ' A thorized resentative(s) if applicable.
5.e~ C- bxANe..: G Zi
SIGNATURES of each owner of the subject property.
DATED this day of
~11~ 20
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
i:\curpin\masters\revised\ballot measure 37 claim form.doc 16-Dec-04
Washington (OR)
OWNERSHIP INFORMATION
Reference Parcel : 1S136DA 00700
Parcel Number : R0284631 TRSQ : 01S -01W -36 -SE -NE
Owner : Hi Hat Inc
CoOwner
Site Address :11530 SW Pacific Hwy Portland 97223
Mail Address : 11530 SW Barbur Blvd Portland Or 97219
Telephone Owner Telephone Tenant
SALES AND LOAN INFORMATION
Transferred Loan Amount
Document # Lender
Sale Price Loan Type
Deed Type Interest Rate
% Owned Vesting Type
ASSESSMENT AND TAX INFORMATION
Measure 50
Mkt Land : $417,940 Exempt Amount Assd Total:$832,170
Mkt Structure : $611,270 Exempt Type
Other School District : Tigard
Mkt Total : $1,029,210 Levy Code : 02381
% Improved :59 04-05 Taxes :$13,482.57
PROPERTY DESCRIPTION
Map Grid : 655 G2 Class Code
Census : Tract: 307.00 Block: 1
NbrhdCd : ZPHY MillRate : 16.4436
Sub/Plat
Land Use : 2012 Com,Improved
Legal : ACRES .85
Zoning
PROPERTY CHARACTERISTICS
Bedrooms Lot Acres :.85 Year Built
Bathrooms Lot SgFt : 37,026 EffYearBlt
Heat Method BsmFin SF Floor Cover
Pool BsmUnfinSF Foundation
Appliances BsmLowSF Roof Shape
Dishwasher Bldg SgFt Roof Matl
Hood Fan 1stFlrSgFt InteriorMat
Deck UpperFISF Paving Mad
Garage Type Porch SgFt Const Type
Garage SF Attic SgFt Ext Finish
Deck SgFt
The Information Provided Is Deemed Reliable But 1s Not Guaranteed.
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CODE ALLOWING BILLBOARDS
When owner purchased the property in 1964, there were no regulations limiting the
construction of 14x48 billboards. The 1963 Charter of the City of Tigard was the
controlling regulatory document. The 1963 Charter does not restrict the construction of
14x48 billboards in any way.
REGULATIONS RESTRICTING USE
The regulations that restricted owner's ability to construct a 14x48 billboard on its
property are sections 16.36 and 16.40.090 of the 1972 Tigard Municipal Code
ATTACHMENT 3
Measure 37 Claim
Hi-Hat, Inc.
Request to waive billboard prohibition
(TDC 18.780.070.M)
to allow a 14'x 48' sign
located at 11530 SW Pacific Hwy
a4 ' `t h x !
:'•r. ~ ~ i . lei.
.y S.
SUBJECT
:r
PROPER
{ ' ~Y 'rl ar
AGENDA ITEM #
FOR AGENDA OF Oct. 11, 2005
CITY OF TIGARD, OREGON
LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Contract for Design and Implementation Services for the Water System Telemetry
Upgrade
PREPARED BY: Brian Rager DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD
Should the Local Contract Review Board (LCRB) authorize the City Manager to execute a contract for the upgrade
to the City's telemetry system?
STAFF RECOMMENDATION
Staff recommends the LCRB authorize the execution of a contract with Portland Engineering, Inc., to perform the
design and implementation tasks for the telemetry upgrade.
INFORMATION SUMMARY
The City's water system is controlled by a supervisory control and data acquisition (SCADA), or telemetry, system.
SCADA enables City Staff to monitor and control the water system remotely. The existing system is out of date
and the hardware is reaching the end of its useful life. The Public Works Department has made repairs to the
existing system in recent years due to certain elements of the system failing and/or wearing out.
In order to upgrade the system, the City must contract with professionals that can design the new system,
implement the new system alongside the old system and successfully transition our operation over to the new
system. Tigard has the ability to take advantage of a competitive bidding process conducted by the Joint Water
Commission (JWC) for the same type of upgrade to the JWC telemetry system. Tigard's contracting rules allow
the City to contract with the same firm hired by another agency as long as the City is asking for the same services.
The JWC selected Portland Engineering, Inc. (PEI) as their design/implementation firm. PEI has performed
superbly under the JWC contract and Staff recommends the City select PEI for their telemetry upgrade. The
attached memorandum provides additional information about this proposal.
PEI has reviewed the City's existing telemetry system and has provided a complete scope of work for the design
and implementation of a new system. The contract amount for this work will be $324,504.00. Staff recommends
the LCRB authorize the execution of a contract with PEI in the amount of $324,504.00.
OTHER ALTERNATIVES CONSIDERED
n/a
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This action supports Urban & Public Services, Water and Storm Water Goal #1.
ATTACHMENT LIST
1. Staff memorandum, dated Sept. 22, 2005.
FISCAL NOTES
The budget estimate for the telemetry upgrade project was $340,000. There was $262,500 budgeted in the FY
05/06 Water Fund budget. In addition, a budget amendment for this project, in the amount of $77,500, was
approved by the City Council on September 13, 2005 to bring the total budgeted amount up to $340,000.
Therefore, there is more than adequate funding to cover the costs of this contract.
MEMORANDUM
TO: Local Contract Review Board
FROM: Brian Rager, Assistant Public Works Director
RE: Telemetry Upgrade
DATE: September 22, 2005
Background
The City's water system is controlled by a telemetry, or SCADA system. SCADA
(supervisory control and data acquisition) is often used to help monitor and control public
water systems. SCADA allows City Staff to monitor and operate the water system
remotely. Without SCADA, the City would need to employ at least two additional full-time
employees so that manual monitoring of the system could be achieved 24 hours per day,
seven days per week.
SCADA is the communications platform that monitors system performance, as well as
such things as security, fire alarms, remote video, water quality, etc. Our current system
monitors facilities like reservoirs, pump stations, pressure reducing valves (PRV's), and
wells. The system will provide information such as reservoir levels, flow rates, and
pressure readings. The system can be programmed to send alarms to the master control
station to alert operators that there is a problem. Alarms enable our operators to respond
to a situation before a problem escalates to an emergency. Our recently completed
vulnerability assessment identified our SCADA system as one of our most important
assets, and that the City should prioritize periodic upgrades of the equipment and security
protocols.
Tigard's SCADA system is out of date and needs to be replaced. The old software is no
longer supported by the vendor and many of the remote terminal units (RTU's) have had
to be replaced as they are reaching the end of their useful life. Our operators have had
issues with the control system crashing, which leaves our staff without the means to
monitor the system except by manual reading. As mentioned before, RTU's are wearing
out and must be replaced. However, the equipment, due to its age, is getting much more
difficult to replace as there is newer technology in the industry.
The City will need to contract with a professional telemetry system designer and
integrator to design the new system and install the improvements. To date, the City has
completed an assessment of our current system to determine the necessary upgrades
and equipment needs. A scope of work has been produced which could be used in a
competitive bidding process for the design and integration stage. Staff's goal is to work
Telemetry Upgrade
Pagel
with a reliable, local firm that has substantial knowledge of telemetry and has experience
with our counterparts in other cities.
Procurement Rules
Tigard's public contracting rule for work such as this would direct Staff to solicit formal
bids/proposals from qualified telemetry designers and integrators. A formal solicitation
document would need to be developed and advertised to the public. Under this process
Staff would conduct an evaluation of the responder's bid/proposals in order to make a
qualified recommendation to the Local Contract Review Board.
However, one provision of the public contracting rules provides that if another public
agency has conducted a competitive solicitation process that is both recent and for the
same good or service, the City may also purchase that same good or service from the
awarded contractor. Specifically, Section 10.085 of the City's public contracting rules,
states:
"A. The City may purchase any good or service without a formal competitive
process if the good or service is purchased from a bidder that has been awarded a
contract for the same good or service, whether by a requirements contract or by
individual contract by another public agency through its public contract purchasing
procedures if-
1. The original contract was awarded by a competitive bid or proposal process or
pursuant to an exemption equivalent to an exemption provided by these rules.
2. The contract allows other public agency usage of the contract. A contract that
does not prohibit other public agency usage of the contract shall be deemed to
allow other public agency use, unless the agency that awarded the contract
objects to the use.
3. The purchase is on the same terms, or terms which are no less favorable to the
City in all material respects, as the contract awarded by the public agency.
B. A purchase under the Oregon Cooperative Purchasing Program or any similar
federal or regional program, including the Electronic Government Act of 2002 (10
USC 381) shall be considered an exempt purchase under this exemption."
The Joint Water Commission (JWC) conducted a competitive solicitation process for the
procurement of a telemetry designer and integrator, in September 2004. JWC partners,
including the Tualatin Valley Water District and the Cities of Hillsboro, Forest Grove,
Beaverton and Tigard, participated in the solicitation process, which included review of
the RFP, review of proposals, interviewing candidate firms and making a
recommendation for selection. Many partners, including Tigard, anticipated their own
telemetry upgrade needs, and worked together to generate General Guideline No. 24 of
the RFP, which reads as follows:
"USE BY OTHER PUBLIC AGENCY. By submitting a proposal, the Contractor
agrees to allow other public agencies to participate in the proposal. The
Contractor specifically agrees to extend identical pricing and services under the
Telemetry Upgrade
Page 2
same terms and conditions for the products or services being procured by. the City
under the RFP to other Oregon public agencies. Each agency wishing to utilize
the City's RFP and the successful proposal shall execute its own contract with the
Contractor, binding only on that separate agency and the Contractor."
This is very important to the City because there is a need to coordinate our telemetry
efforts with that of our JWC partners and other neighboring cities. In addition, General
Guideline No. 24 allows the other partners to "piggyback" onto the procurement efforts
expended by the JWC. This will save the partners time and money.
The successful designer/integrator for the JWC contract was Portland Engineering, Inc.
(PEI). PEI has now been under contract with the JWC for several months and is nearing
completion of the integration phase of the work. The City of Hillsboro, the managing
partner of the JWC, has given very positive reports regarding PEI's knowledge, expertise
and overall job performance to the other JWC partners throughout the process. PEI also
has significant knowledge of the Tigard telemetry system, as they have provided technical
support to Tigard in the past.
Proposed Solution For Tigard
Based upon the provision of Section 10.085 of the City's public contracting rules, the
provision made within the RFP for the JWC telemetry upgrade project, and the fact that
PEI has performed very well for the JWC, Staff recommends the City enter into a contract
with PEI for the City's telemetry upgrade project. PEI has proven their competency and
dependability to the City and to other jurisdictions and Staff believes that because of
PEI's knowledge of the Tigard SCADA system, their costs will be lower than any other
potential contractor.
Telemetry Upgrade
Page 3
LL- 7
MEMORANDUM
TO: Tigard Local Contract Review Board
Craig Prosser, City Manager
FROM: Brian Rager
RE: Contract for Design and Implementation Services for A4
the Water System Telemetry Upgrade Agenda Item
DATE: October 11, 2005
As was detailed in the water telemetry agenda item summary for tonight, the City's water system is
controlled by a supervisory control and data acquisition (SCADA), or telemetry, system. SCADA
enables City Staff to monitor and control the water system remotely. The existing system is out of
date and the hardware is reaching the end of its useful life. The Public Works Department has made
repairs to the existing system in recent years due to certain elements of the system failing and/or
wearing out.
In order to upgrade the system, the City must contract with a firm that can design the new system,
implement the new system alongside the old system, and successfully transition our operation over
to the new system. Given these needs, the City has the opportunity to piggyback through use of a
permissive cooperative solicitation. and contract let by the Joint Water Commission (JWC) for the
same type of upgrade to the JWC telemetry system. Tigard's public contracting rules allow the City
to contract with the same firm hired by another agency as long as the City is asking for the same
services. The JWC selected Portland Engineering, Inc. (PEI) as their design/implementation firm.
PEI has performed superbly under the JWC contract and Staff recommends the City select PEI for
their telemetry upgrade.
In addition to what was in Council's meeting packet for tonight, staff has recently determined
that under ORS 279A.215, use of a permissive cooperative solicitation, such as the RFP that
JWC used for their telemetry upgrade, requires the purchasing contracting agency provide public
notice of the intent to use such a solicitation and to allow seven days for the public to provide
comment. This rule is a change to ORS 279 that has gone into effect just this year. The
purchasing contracting agency is further required to provide direct notice to all vendors who
would otherwise be prospective proposers on the contract if it were let competitively. In this
instance, Tigard is the purchasing contracting agency and is required therefore to provide notice
of the intent to award in print detailing the following:
✓ A description of the contract;
✓ An estimated amount of the contract;
✓ The name of the administering contracting agency; and
✓ Time, place and date by which comments must be submitted to the purchasing
contracting agency regarding the intent to establish a contract through the permissive
cooperative solicitation.
As a result of this requirement, staff is requesting tonight that the LCRB approve the award of a
contract with Portland Engineering, Inc. for up to $340,000 and authorize the City Manager to
formally execute the contract after the public comment timeframe has passed rather than
authorize the immediate execution of the contract. In the event that any public comment is
received during the public comment timeframe, staff will bring those comments back to the
LCRB for consideration prior to any execution of the contract.
vc~ i i ua uo:urp r-ric tierce 5037011281 p.2
MEDIA INVESTMENT GROUP, LLC /
5100 SW Macadam Avenue, Suite 210 101111 o5
Portland, Oregon 97239
du -s bu
October 11, 2005 h) CG
Via Facsimile No (503) 226-5059
Jane Smith
Channel 8 News
Re: Measure 37 Application - City of Tigard
Dear D&. Smith:
Rather than commenting further on the Measure 37 claim filed in the City of
Tigard on behalf of Hi-Hat Restaurant, we are choosing to rely on the contents of the
application and the supporting documentation thereto.
Billboards are a controversial subject and that is why we feel this particular claim
is receiving heightened publicity. In reality, however, this claim is no different than any
other Measure 37 claim filed to date. The people of the State of Oregon spoke when they
passed Measure 37 by nearly 61% of the vote. This claim falls within the parameters of
the measure.
We are sensitive to the fact that not everyone agrees that the construction of a
billboard is an appropriate use of private property; however, individual beliefs are not the
issue here. The owners of the property in question had the right to construct a billboard
when they purchased the property many years ago. That right was taken from them by
the City of Tigard through an amendment to the City Code. As a result, revenue the
property owners are entitled to has been lost.
The purpose of Measure 37 is to compensate owners for their losses or reinstate
the rights they had when they purchased their property. We are simply assisting the
owners of this property with their cl
Thank you.
Sincerely,
MEDIA INVESTMENT GROUP, LLC
Chris Carlile
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MEMORANDUM
TO: Tigard Local Contract Review Board
Craig Prosser, City Manager
FROM: Brian Rager
RE: Contract for Design and Implementation Services for
the Water System Telemetry Upgrade Agenda Item
DATE: October 11, 2005
As was detailed in the water telemetry agenda item summary for tonight, the City's water system is
controlled by a supervisory control and data acquisition (SCADA), or telemetry, system. SCADA
enables City Staff to monitor and control the water system remotely. The existing system is out of
date and the hardware is reaching the end of its useful life. The Public Works Department has made
repairs to the existing system in recent years due to certain elements of the system failing and/or
wearing out.
In order to upgrade the system, the City must contract with a firm that can design the new system,
implement the new system alongside the old system, and successfully transition our operation over
to the new system. Given these needs, the City has the opportunity to piggyback through use of a
permissive cooperative solicitation. and contract let by the Joint Water Commission (JWC) for the
same type of upgrade to the JWC telemetry system. Tigard's public contracting rules allow the City
to contract with the same firm hired by another agency as long as the City is asking for the same
services. The JWC selected Portland Engineering, Inc. (PEI) as their design/implementation firm.
PEI has performed superbly under the JWC contract and Staff recommends the City select PEI for
their telemetry upgrade.
In addition to what was in Council's meeting packet for tonight, staff has recently determined
that under ORS 279A.215, use of a permissive cooperative solicitation, such as the RFP that
JWC used for their telemetry upgrade, requires the purchasing contracting agency provide public
notice of the intent to use such a solicitation and to allow seven days for the public to provide
comment. This rule is a change to ORS 279 that has gone into effect just this year. The
purchasing contracting agency is further required to provide direct notice to all vendors who
would otherwise be prospective proposers on the contract if it were let competitively. In this
instance, Tigard is the purchasing contracting agency and is required therefore to provide notice
of the intent to award in print detailing the following:
✓ A description of the contract;
✓ An estimated amount of the contract;
✓ The name of the administering contracting agency; and
✓ Time, place and date by which comments must be submitted to the purchasing
contracting agency regarding the intent to establish a contract through the permissive
cooperative solicitation.
As a result of this requirement, staff is requesting tonight that the LCRB approve the award of a
contract with Portland Engineering, Inc. for up to $340,000 and authorize the City Manager to
formally execute the contract after the public comment timeframe has passed rather than
authorize the immediate execution of the contract. In the event that any public comment is
received during the public comment timeframe, staff will bring those comments back to the
LCRB for consideration prior to any execution of the contract.