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